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HomeMy WebLinkAbout1995-12-14MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, DECEMBER 14, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Snyder convened the meeting at 4:00 p.m. H. PLEDGE OF ALLEGIANCE - Councilman Robert A. Spiegel M. INVOCATION - Mayor Pro-Tempore Richard S. Kelly IV. ROLL CALL Present: Councilmember Jean M. Benson Councilman Buford A. Crites Mayor Pro-Tempore Richard S. Kelly Councilman Robert A. Spiegel Mayor Walter H. Snyder Also Present: Ramon A. Diaz, Acting City Manager David J. Erwin, City Attorney Sheila R. Gilligan, Director of Community Affairs/City Clerk Carlos L. Ortega, ACM/RDA Executive Director Richard J. Folkers, ACM/Director of Public Works John Wohlmuth, ACM/Director of Administrative Services Paul S. Gibson, Finance Director/City Treasurer Wayne Ramsey, Director of Code Compliance Phil Drell, Acting Director of Community Development Mary P. Gates, Deputy City Clerk V. ORAL COMMUNICATIONS - A MR. JAMES SHELTON addressed Council relative to Consent Calendar Item 3-C and asked why his claim was recommended to be denied. Councilmember Benson moved to, by Minute Motion, remove this item from the Consent Calendar for separate discussion. Motion was seconded by Crites and carried by unanimous vote. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 1995 * * * * * * * * * * * * * * * * * * a * * * * * * * * * * * * * * * * * * * - VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of November 9, 1995, and the Adjourned City Council/Redevelopment Agency Meeting of November 29, 1995. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 21, 22, 23, 24, and 25. Rec: Approve as presented. C-1. CLAIM AGAINST THE CITY (#295) by Helen Moore in an Unspecified Amount. Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the Claimant. C-2. CLAIM AGAINST THE CITY ((296) by Donald Charron in the Amount of $926.77. Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the Claimant. C-3. CLAIM AGAINST THE CITY (#297) by James Shelton in the Amount of $2,974.19. Rec: See Section XV, Completion of Items Held Over From 4:00 p.m. Session, for Council action on this item. C-4. CLAIM AGAINST THE CITY (#298) by Katherine Motzko in the Amount of $238.94. Rec: By Minute Motion, authorize the negotiation of a settlement with the Claimant in an amount not to exceed $238.94 and encourage the Southern California Joint Powers Insurance Authority (SCJPIA) to expedite same. D-1. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Nam Sup Lee and Stella Sonha Lee for Musashi, 72-785 Highway 111, B4, Palm Desert. Rec: Receive and file. D-2. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by All Sports Bar, Inc. for B.B. O'Brien's, Inc., 72-185 Painters Path, Palm Desert. Rec: Receive and file. 2 MINUTES _ REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D-3. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Emerald Desert LLC for 76- 000 Frank Sinatra 1, Palm Desert. Rec: Refer to Department of Community Development for processing of a Conditional Use Permit. D-4. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Emerald Desert LLC for 76- 000 Frank Sinatra 2, Palm Desert. Rec: Refer to Department of Community Development for processing of a Conditional Use Permit. E-1. MINUTES of the Economic Development Advisory Committee Meeting of September 21, 1995. Rec: Receive and file. E-2. MINUTES of Sister Cities Committee Meeting of October 9, 1995. Rec: Receive and file. E-3. MINUTES of Palm Desert Police Advisory Committee Meeting of October 11, 1995. Rec: Receive and file. E-4. MINUTES of Promotion Committee Meeting of October 17, 1995. Rec: Receive and file. F. RESOLUTION NO. 95-107 - 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 (October 1995). Rec: Waive further reading and adopt. G. SCHEDULE QF INVESTMENTS as of October 31, 1995. Rec: Receive and file. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL Nita,' iNG - DECEMBER 14, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * H. CONSIDERATION of 21st Year Community Development Block Grant (CDBG) Reprogramming. Rec: By Minute Motion, approve the reprogramming of $16,575 from the Foundation for the Retarded of the Desert's 21st Year grant of $148,365 to the 22nd Year allocation. I. CONSIDERATION of Reprogramming of Funds to 19th Year Barrier Free Sidewalk Improvements Project. Rec: By Minute Motion, approve the reprogramming of $19,275 from Library Restroom ADA Retrofit project to 19th Year Barrier Free Sidewalk Improvements project. J. CONSIDERATION of the Acceptance of Eight Donated Original Paintings by Donald Rust from Leonard and Debra Green. Rec: Removed from Consent Calendar for separate discussion - See Section IX for Council action. K. CONSIDERATION of Acceptance of Donated Bronze and Steel Fabricated Floral Sculpture by Gesso Cocteau. Rec: Removed from Consent Calendar for separate discussion - See Section IX for Council action. L. CONSIDERATION of Proposed El Paseo Lineup for the 1996 El Paseo Exhibit. Rec: By Minute Motion, approve the recommended artwork lineup for placement on the El Paseo medians for one year. M. REQUEST FOR ACCEPTANCE OF WORD for Corporation Yard Signage (Contract No. C09450). Rec: By Minute Motion, authorize staff to accept the project as complete and authorize the City Clerk to file a Notice of Completion for the subject project. N. CONSIDERATION of Letter from Ms. Cindy Finerty, President of the Desert Breezes Casas Homeowners Association, and Mr. Charles Ash, President of the Palm Desert Country Club Homeowners Association, Requesting a Change of Zone in Palm Desert Country Club. Rec: Refer to staff for report and recommendation at the January 11, 1996, City Council meeting. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * O. REQUEST FQR CONSIDERATION of Used Oil Recycling Block Grant. Rec: Waive further reading and adopt Resolution No. 95-108 allowing staff to administer the California Integrated Waste Management Board (CIWMB) Used Oil Recycling Block Grant to encourage the proper disposal and recycling of used motor oil in Palm Desert. P. REQUEST FOR APPROVAL of the Purchase of a Radio System for the Public Works Department. Rec: By Minute Motion, approve the purchase of a new UHF Radio System for the Public Works Department. Q. REQUEST FOR RELEASE OF AGREEMENT for Ordinance 416 Improvements. Rec: By Minute Motion, authorize the Mayor to execute the Release Agreement between the City and Cook Partners, Ltd. Partnership. R. REQUEST FOR RIGHT-OF-WAY ACQUISITION - Fred Waring Drive/Portola Avenue Intersection Improvements (Contract No. C10000, Project No. 636-95). Rec: By Minute Motion, authorize staff to enter into negotiations for the acquisition of right-of-way at the northwest and southeast corners of the intersection of Fred Waring Drive and Portola Avenue. S. REOUEST FOR APPROVAL of Disposal of Surplus Vehicles. Rec: By Minute Motion, authorize staff to sell the surplus vehicles to Ajax Auto Wreckers, Inc. T. REOUEST FOR EXTENSION OF CONTRACT for Presidents Plaza Parking Lot Sweeping (Contract No. C06802). Rec: By Minute Motion, authorize a one-year extension of Contract No. C06800 with M & M Sweeping in the amount of $4,080.00 ($340.00 per month). U. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Replacement Vehicles. Rec: By Minute Motion, authorize staff to advertise and call for bids for replacement vehicles for five -yard dump truck, one -ton cab and chassis utility truck, and full- size utility van. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * V. REQUEST FOR APPROVAL OF CONTRACT for Flashing Beacon Installation on Cook Street at Palm Desert High School (Santa Fe Trail), Contract No. C10020, Project 551/95. Rec: By Minute Motion, authorize the Mayor to enter into a contract for the subject project with DBX, Inc. of Temecula in the amount of $27,500.00 and authorize a ten percent contingency of $2,750.00. W. CONSIDERATION of Cooperative Sanitary Sewer Construction with Coachella Valley Water District - Monterey Avenue and Fred Waring Drive Storm Drain (Project 510/95). Rec: Removed from Consent Calendar for separate discussion - See Section IX for Council action. X-1. REOUFST FOR APPROVAL of Change Order No. 1 to Contract No. C07550 (Project No. 510-93) for Watermain Relocation - Granite Construction, Contractor. Rec: Removed from Consent Calendar for separate discussion - See Section IX for Council action. X-2. REOUFST FOR APPROVAL of Change Order No. 2 to Contract No. C07550 - Monterey Avenue/Fred Waring Drive Storm Drain and Median Improvements. Rec: Removed from Consent Calendar for separate discussion - See Section IX for Council action. X-3. REOUEST FOR APPROVAL of Change Order No. 2 to Contract No. C09900 - Varner Road Realignment at Cook Street (Project No. 658-95). Rec: By Minute Motion: 1) Approve Change Order No. 2 in the amount of $1,761.04; 2) authorize the transfer of $1,761.04 from contingency to base. Y. REQUEST FOR AUTHORIZATION to Proceed with Minor City Hall Improvement Proposals. Rec: By Minute Motion, authorize staff to proceed with replacement of carpeting and installation of entry planter boxes. Z. REQUEST FOR APPROVAL of Replacement Project Manager (Contract No. C10680). Rec: By Minute Motion, enter into an agreement with Robert Bern, William Frost and Associates for project management technical services in the amount of $44,200.00 (Contract No. C10680). 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * AA. REQUEST FOR EXTENSION of Landscape Maintenance Contracts C08041 and C07401. Rec: By Minute Motion, approve a two-year extension of landscape maintenance services with Valley Gardening Service for: 1) Contract No. C08042 in the amount of $113,664.00 per year; 2) Contract No. C07402 in the amount of $16,918.80. BB. REQUEST FOR APPROVAL of City of Palm Desert Measure A and Section 99234 Transportation Funds Audited Financial Statements for Fiscal Years Ended June 30, 1995, and 1994. Rec: Receive and file the audited Financial Statements for the City of Palm Desert Transportation funds for fiscal years ended June 30, 1995, and 1994. CC. REQUEST FOR APPROVAL of Audited Financial Reports for Fiscal Year Ending June 30, 1995. Rec: Receive and file the audited Financial Statements for the City of Palm Desert for fiscal year ending June 30, 1995. DD. REQUEST FOR APPROVAL of an Appropriation in the Amount of $3,500.00 to Pay for Trophies for the Palm Desert Senior Cup. Rec: By Minute Motion, approve the request and appropriate $3,500.00 from the unobligated general fund to Account No. 110-4416-414-3215. EE. CONSIDERATION of Arbitration Request from Palm Desert Employees Organization. Rec: By Minute Motion, confirm the addition of two employees to the arbitration process. FF. REQUEST FOR CONSENT to Grade in Southern California Edison Right -of -Way (Cook Street Interchange - Project 658-95, Contract No. C10710). Rec: By Minute Motion, authorize the Mayor to execute the subject agreement. Councilman Spiegel removed asked that Items W, X-1, and X-2 be removed for separate discussion under Section IX, Consent Items Held Over. Councilmember Benson also removed Item J, and Mr. Diaz removed Item K for separate discussion. Upon motion by Crites, second by Spiegel, the remainder of the Consent Calendar was approved as presented by unanimous vote of the Council. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VII. RESOLUTIONS None VIII. ORDINANCES For Introduction: None For Adoption: None IX. CONSENT ITEMS HELD OVER C-3. CLAIM AGAINST THE CITY (f297f by James Shelton in the Amount of $2,974.19. Mr. Erwin announced following the Closed Session that this was discussed in Closed Session and that the recommendation was that the matter be continued to the meeting of January 11, 1996. Councilman Crites moved to continue this matter to January 11, 1996. Motion was seconded by Spiegel and carried by unanimous vote. J. CONSIDERATION of the Acceptance of Eight Donated Original Paintings by Donald Rust from Leonard and Debra Green. Councilmember Benson said she had no problem with accepting these original paintings but would like something from the donors stating they know they are not necessarily going to be in the Library. Councilman Crites moved to, by Minute Motion, accept the donation of eight original paintings by Donald Rust from Leonard and Debra Green, with the change as noted by Councilmember Benson. Motion was seconded by Spiegel and carried by unanimous vote. K. CONSIDERATION of Acceptance of Donated Bronze and Steel Fabricated Floral Sculpture by Gesso Cocteau. Mrs. Gilligan noted that this item was considered earlier this week by the Civic Arts Committee. While the Art -In -Public -Places Committee voted unanimously accept this sculpture, the Civic Arts Committee vote was split to not accept the donation. 8 MINUTES REGULAR PALM DESERT -CITY COUNCIL MEETING DECEMBER 14, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Community Arts Manager Catherine Sass stated that the Civic Arts Committee voted seven to six to deny acceptance of the sculpture, and the main reason was that there was not a biography available at the time. She noted that the biography had subsequently been provided to the City Council. Upon question by Councilman Spiegel, she responded that it had not been determined where the sculpture would be placed but that it could really go anywhere such as in the lobby, etc. Upon further question by Councilman Spiegel, she stated that there were some members of the Civic Arts Committee who were unclear about the City's donation policy, which was then provided to them. With regard to the lack of a biography, she said she had not provided one to the members because she thought everyone knew this local artist. Councilmember Benson said she felt it would be a good idea to have some type of plaque on the pieces of donated art to indicate that they have been donated by these artists and so that citizens do not think the City has gone out and purchased them. Ms. Sass responded that this would be done. Councilman Spiegel moved to, by Minute Motion, accept the donation of a bronze and steel fabricated floral sculpture by Gesso Cocteau. Motion was seconded by Crites and carried by unanimous vote. W. CONSIDERATION of Cooperative Sanitary Sewer Construction with Coachella Valley Water District - Monterey Avenue and Fred Waring Drive Storm Drain (Project 510/95). With regard to this item and Items X-1 and X-2, Councilman Spiegel asked how long the roads would be torn up. Mr. Folkers responded that staffs intent was that the project would be started in June and would be completed by November 15th. However, different situations have caused delays, and now the project will not be completed until some time near the end of January, 1996. Councilman Crites moved to, by Minute Motion, ratify the participation with CVWD for the installation of a ten -inch sanitary sewer in Fred Waring Drive between San Anselmo Avenue and Monterey Avenue for fifty percent of the estimated total cost of $101,158.16 or $40,579.08 for each agency. Motion was seconded by Spiegel and carried by unanimous vote. X-1. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C07550 (Project No. 510-93) for Watermain Relocation - Granite Construction, Contractor. See Item W above for comments. Councilman Crites moved to, by Minute Motion: 1) Approve Change Order No. 1 in the amount of $10,802.69; 2) authorize the transfer of $10,802.69 from contingency to base. Motion was seconded by Spiegel and carried by unanimous vote. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * X-2. REOUEST FOR APPROVAL of Change Order No. 2 to Contract No. C07550 - Monterey Avenue/Fred Waring Drive Storm Drain and Median Improvements. See Item W above for comments. Councilman Crites moved to, by Minute Motion: 1) Approve Change Order No. 2 in the amount of $7,195.00; 2) authorize the transfer of $7,195.00 from contingency to base. Motion was seconded by Spiegel and carried by unanimous vote. X. NEW BUSINESS A. PRESENTATION BY WASHINGTON CHARTER SCHOOL CHOIR. Principal Carol Horlock introduced the Washington Charter School ambassadors who, along with the Washington Charter School Choir, sang a song entitled "We are the Young." Mrs. Horlock thanked the Council for its support. No Council action was required or taken on this item. B. REQUEST FOR CONSIDERATION OF EMPLOYEE EXCHANGE WITH SISTER CITY GISBORNE, NEW ZEALAND. Mr. Diaz noted the report in the packets and offered to answer any questions. Councilman Crites moved to, by Minute Motion, authorize Catherine Sass, Community Arts Manager, to participate in an employee exchange with Palm Desert's Sister City Gisborne, New Zealand, from February to March, 1996, and approve an expenditure of $2,500.00 from the Community Promotions Sister City Account No. 110-4416-414-3126. Motion was seconded by Spiegel and carried by unanimous vote. C. REOUEST FOR APPROVAL OF EXTENDED SHERIFF'S STATION BUSINESS OFFICE ACCESS HOURS. Mr. Diaz reviewed the staff report. Councilmember Benson questioned the memorandum indicating that the station would be open until 2:00 a.m. She expressed concern that bars remain open until 2:00 a.m. and said she felt it was important for the Sheriff's Station to be open at that time. Councilman Crites noted that the Sheriff's Department rarely gets any calls at the station between 2:00 a.m. and 6:00 a.m., and cutting these four hours out would save approximately $60,000. He said the access problem tended to be much earlier than in the early mornings, and he suggested that the Sheriffs Department keep track of the requests they receive during those early morning hours and then let the Council know if there is a problem. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilmember Benson asked whether there as a buzzer outside the door so people can go and ring it if they need help when the Station is closed. Councilman Crites responded that there is a telephone outside the door for people to use. Councilmember Benson expressed concern that there was no way to measure whether there is a need for the Station to be open those other four hours if there is no one to answer the telephone when the people call from outside. Councilman Kelly stated he would be willing to go along with the recommendation in the staff report and asked whether the City of Palm Desert would be paying for this additional access. Mayor Snyder responded that it would be part of the City of Palm Desert's contract and would not be paid for by the Cities of Rancho Mirage and Indian Wells. Councilman Kelly noted that there was a certain advantage for those other two cities in having the Station open during the night because the citizens in those two cities would also have the same need. He asked if staff could investigate having the Cities of Rancho Mirage and Indian Wells help fund the additional four hours and perhaps come up with the additional $60,000. Councilman Kelly moved to, by Minute Motion, approve the extended Sheriffs Station business office access hours as recommended and direct staff to investigate the possibility of having the business office open the remaining four hours (2:00 a.m. to 6:00 a.m.) if funding assistance can be arranged with the Cities of Rancho Mirage and Indian Wells. Motion was seconded by Spiegel and carried by unanimous vote. D. RQLEST FOR CONSIDERATION OF GRAFFITI REMOVAL AND DAMAGE RECOVERY PROGRAM. Mr. Diaz noted the report in the packets and stated that Director of Code Compliance Wayne Ramsey was available to answer any questions. Councilmember Benson moved to: 1) Waive further reading and pass Ordinance No. 789 to second reading, amending the Palm Desert Municipal Code relating to graffiti abatement cost recovery; 2) waive further reading and adopt Resolution No. 95-109, specifying the dollar amounts of certain cost findings contained in Municipal Code Section 9.40.065. Motion was seconded by Spiegel and carried by unanimous vote. E. REQUEST FOR COUNCIL DIRECTION TO CONDUCT HEARINGS ON PROPOSED SIGN ORDINANCE AMENDMENTS RELATING TO MINI BANK BRANCHES. Mr. Diaz noted the report in the packets and stated that Associate Planner Steve Smith was available to answer any questions. Councilman Spiegel stated that some markets had mini banks with staff on hand to answer questions and do loans while other markets had only ATM machines. He said his recommendation was that where there are staff on hand during business hours, that mini bank 11 MINUTES • REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * should be identified with a sign. He said he did not think the Council wanted to identify those that are only ATM's. Councilmember Benson said she did not mind the signs but was concerned with the size. She said it would be okay if the signs were only at the entrance to the store and indicated that there was a mini bank in that store. Mr. Smith stated that the signs that caught staff's attention were the large 18 inch signs, and staff feels the signs should be controlled. Councilmember Benson said she felt decal signs would be sufficient. Councilman Kelly moved to, by Minute Motion, direct staff to prepare and process appropriate amendments to regulate signage at "mini bank branches". Motion was seconded by Crites and carried by unanimous vote. F. REOUEST FOR APPROVAL OF STATE -LOCAL TRANSPORTATION PARTNERSHIP PROGRAM (SLTPP) SUPPLEMENT NO. 005 TO MASTER AGREEMENT 08-5414 (CONTRACT NO. C08080J. Mr. Diaz noted that Mr. Folkers was available to answer any questions. Councilman Spiegel moved to, by Minute Motion, approve and execute program supplement No. 005 to SLTPP Master Agreement 08-5414 for the State share of the traffic signal construction on Country Club Drive at Park Center Drive in the amount of $180,731.00. Motion was seconded by Kelly and carried by unanimous vote. G. INFORMIIONAL ITEMS: 1. Update on Interchanges: a. I-10/Washington Street b. I-10/Cook Street c. I-10/Monterey Avenue Mr. Folkers updated the Council on the status of the interchanges. Councilman Kelly gave a brief report on the recent Riverside County Transportation Commission (RCTC) meeting. He said Mayor Snyder went to a meeting on Friday and it was decided that everything was set and that the CVAG Executive Board was satisfied and that the contracts could move ahead. Then on Wednesday when he went to CVAG to be briefed and to see if they had any problems with the RCTC Agenda, Mr. Bostley and Mrs. Larson had decided that the language of the RCTC motion during the meeting last month was not satisfactory and they could not approve signing 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 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 * s s s s of the contracts with that language. Therefore, at the RCTC meeting Wednesday, the Board spent one and a half hours getting to the language that would satisfy both CVAG and RCTC. Agreement was finally reached, thanks to former Palm Desert Councilman and County Supervisor Roy Wilson. Councilmember Spiegel thanked Councilman Kelly for all of his efforts. 2. Alternative Rail Technology Vehicles (ARTV) - Informational Presentation. Mr. Folkers introduced Mr. Hans Korve of Korve Engineering, Inc., who gave a slide presentation and distributed information to the Council relative to Alternative Rail Technology Vehicles (ARTV). Upon question by Councilman Kelly relative to whether there was a proposed location, Mr. Folkers responded that this would be something that would tie into the Metrolink in the future. Upon further question by Councilman Kelly, he stated that staff would assume that both RCTC and CVAG would be very much involved, particularly because of the financial constraints. Councilman Kelly said that perhaps this should be explored with other people who are also working on this, such as Sunline and CVAG. With Council concurrence, staff was directed to review this process and come back to the Council at its second meeting in January, 1996, with a report. XI. CONTINUED BUSINESS None XII. OLD BUSINESS A. REQUEST FOR CONSIDERATION OF CREATING AN INDEPENDENT ENTITY TO SUBLICENSE FUEL CELL TECHNOLOGY AND ADMINISTER ASSOCIATED PROGRAM COMPONENTS. Mr. Diaz noted the two reports in the packets: 1) Formation of an Entity of Sublicense Fuel Cell Technology; 2) Fuel Cell Contract Between City and SCAQMD. Economic Development Manager Paul Shillcock reviewed the staff reports, noting the report from the City Attorney's office attached to the first staff report. He said staff supported the Attorney's recommendation with one exception — that the entity be controlled so that the City Council would sit as the board of directors and be able to set policy for it. With regard to the second staff report and the contract, he said this would allow grant funds to flow. He said staff had worked closely with attorneys for Schatz and the Southern California Air Quality Management District (SCAQMD). He recommended that Council approve the 13 115 REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 1995 * s * * * * s s s s * s * s * * * * * * * * * * * * * * * * * * * * * * * * agreement and authorize staff to prepare a mirror image of this contract between the City and Schatz so that the City does not have the responsibility for performing technical tasks. Councilman Spiegel stated he had not had a chance to look at the contract until shortly before the City Council meeting. He noted that the last page of the contract had the payment schedule which indicated a final cost of $4,228,440 for the project. He asked if the Council was being asked to sign off on that. Mr. Shillcock confirmed that and said the City of Palm Desert's share was $300,000. He noted that Department of Energy funding had been approved but that the money could not flow until the Federal budget is signed. Upon question by Councilman Spiegel with regard to who will be in charge of running the program, Mr. Shillcock stated that the City will be responsible for administering the grant for $800,000, and the City would be reimbursed for any staff time to do this. Councilman Kelly asked whether the City Attorney was comfortable with this, and Mr. Erwin responded in the affirmative. Councilmember Benson said she was against the City getting into this business and felt it was not the City's business to compete with private industry. Councilman Kelly agreed with that opinion but said this was not the intent. He said the intent was to address this and not to have anything to do with that part of it. It was only to encourage people to come here and set up some manufacturing entity. Mr. Shillcock added that the Humboldt State Foundation will license the technology to someone, whether it is a lot of individual firms or to one entity as a master licensee. He said we would like to be that master licensee and then turn around and sublicense it to users and use it as a way to try to attract the industry here. Councilmember Benson said she felt we should not be in charge of setting up a non-profit entity that we will profit from. Councilman Crites moved to add an item to the Agenda dealing with the fuel cell contract between the City and South Coast Air Quality Management District. Motion was seconded by Kelly and carried by unanimous vote. Councilman Kelly moved to, by Minute Motion: 1) Authorize the City Attorney to file necessary documents to form a non-profit entity to sublicense fuel cell technology and administer associated project components; 2) approve Contract No. C10730 between the City of Palm Desert and South Coast Air Quality Management District; 3) authorize staff to prepare a contract (No. C10740) between the City of Palm Desert and Schatz and authorize the Mayor to execute same. Motion was seconded by Crites. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Spiegel asked why Humboldt State would not want to do what we are doing today. Mr. Shillcock responded that they do, and they intend to. He said we are going to provide them a reason to license us, with the major reason being that they are in the business of doing research and trying to develop technology and should leave the commercialization of that technology to someone who has an interest in doing it, which is the City of Palm Desert. He said we will also provide some service; licensing of the technology to individual firms will require some monitoring. Mayor Snyder stated that we need to attract these types of industries to our area, and it will be a great value to our citizens to have this program. Mayor Snyder called for the vote. Motion carried by a 4-1 vote, with Councilmember Benson voting NO. B. REQUEST FOR CONSIDERATION OF TRAFFIC SIGNAL DESIGN AT THE COLLEGE OF THE DESERT DRIVEWAY AND FRED WARING DRIVE (Contract No. C10460). Mr. Diaz noted the report in the packets. Councilman Spiegel moved to, by Minute Motion, direct staff to review the matter after the Multi - Agency Library is opened to determine the status. Motion was seconded by Crites and carried by a 4-1 vote, with Councilman Kelly voting NO. XIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY Mr. Erwin requested a Closed Session at the appropriate time to discuss the following items plus Consent Calendar Item C-1. Request for Closed Session Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section 54956.9(a): 1) City of Palm Desert v. REFCO Capital Corp., et al, U.S. District Court, Central District of California, Case No. CV 92-7631-RJK 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2) United States Court of Appeals, Ninth Circuit, Case No. MP/ 94-56491, United States of America, Plaintiff v. Real Property located at 13328 and 13324 State Highway 75 North Blaine County, Idaho, Defendant, and Palm Desert Redevelopment Agency, Claimant/Appellant, and City of Palm Desert, and Federal Deposit Insurance Corporation as receiver for Jefferson Bank and Trust, et al, Claimants/Appellees (United States District Court for the Central District of California, Case No. CV92- 0100 RJK). Conference with Legal Counsel - Anticipated Litigation pursuant to Government Code Section 54956.9: Significant exposure to litigation pursuant to subdivision (b): Number of potential cases: 2 C. CITY CLERK 1. Mrs. Gilligan noted that a bill had been received from the Riverside County Elections Department for the November 7, 1995, election. She stated that Registrar of Voters Frank Johnson had given the City a 55% discount (from $52,923 to $26,201). 2. Mrs. Gilligan noted that the second annual 5K Run had been held on Sunday, December 10, 1995, and that it was a tremendous success. She complimented Ken Weller and Larry McAllister for their assistance in this event. Councilman Kelly noted that the women's world record had been set at this event. D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action; 1. Councilman Spiegel reported that he had met this week with members of the Chamber of Commerce. He said his attention was called to the fact that there are bulk buyings that the City does that are not necessarily open to bid and are given to persons out of the area. For example, the City's coffee supplies come from a firm in Orange County. In addition, he said the tents used for the 5K Run last Sunday came from Los Angeles, and there are people here in the Coachella Valley that have tents that can be leased. He suggested that everyone involved in purchasing things for the City really look to Palm Desert and Coachella Valley people first. Mrs. Gilligan noted that the tents for the 5K Run were actually arranged for through Elite Racing and that the City had nothing to do with this. Councilman Spiegel suggested that Elite Racing be advised when they come 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * out for the planning of this event that there are local people who can provide these things. Mr. Wohlmuth noted that Elite Racing was asked by the City to go out to bid for the tents. The local bid that came in was 15 % higher than the Los Angeles firm. Elite Racing let the local firm know they were higher, but the firm was unable to get below that 15 % markup. 2. Councilman Crites stated he had a request for the City's representative to SCAG. He said he would appreciate hearing back from SCAG as to what actions will be taken as far as working with the Public Utilities Commission on electric rates. Councilman Kelly stated that he had had discussions with the Executive Director last Thursday and advised him about Councilman Crites' activities in working with the Bay Area Association of Governments. He said that as incoming President, he wanted to address this issue and had already started the ball rolling. o City Council Committee Reports: 1. Councilman Kelly stated that last Thursday night was the first meeting of the Riverside County Division of the League of California Cities. 2. Councilman Kelly stated he had attended the City of Coachella meeting last week on behalf of SCAG. At this meeting the new elected officials were installed, including the City Clerk and Treasurer. He said he had made a presentation to one of the local youth Karate groups. He said this was an excellent meeting and it looked like the City of Coachella was heading on the right path. With Council concurrence, Mayor Snyder adjourned the meeting to Closed Session at 5:50 p.m. for discussion of items listed under City Attorney Reports and Remarks. He reconvened the meeting at 7:00 p.m. XIV. ORAL COMMUNICATIONS - B None 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION Mr. Erwin announced that the City Council considered Consent Calendar Item 3-C in Closed Session. Councilman Crites moved to continue this matter to the meeting of January 11, 1996. Motion was seconded by Spiegel and carried by unanimous vote. XVI. ORAL COMMUNICATIONS - C None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF CERTIFICATE OF APPRECIATION TO MR. TROY KULAS FOR COMPLETION OF ONE YEAR IN THE STUDENT WORK PROGRAM. On behalf of the entire City Council, Councilman Crites presented a certificate of appreciation to Mr. Kulas for completion of one year in the student work program, working for the Department of Community Affairs. Mrs. Gilligan also thanked Mr. Kulas for his efforts. B. PRESENTATION TO MR. HOWARD MARGULEAS. This matter was continued to the meeting of January 11, 1996, because Mr. Marguleas was not able to attend this meeting. C. APPOINTMENT TO THE RIVERSIDE COUNTY FREE LIBRARY ADVISORY COMMc i 1 rrr TO FILL THE VACANCY CREATED BY THE EXPIRATION OF TERM OF MRS. ELLA MANOR. Councilmember Benson moved to, by Minute Motion, reappoint Mrs. Ella Manor to a two-year term on the Riverside County Free Library Advisory Committee. Motion was seconded by Kelly and carried by unanimous vote. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVIII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF STREET NAME CHANGE FOR 42ND AVENUE AND NEW STREET CONSTRUCTION BETWEEN CARLOTTA DRIVE AND WASHINGTON STREET Mr. Folkers reviewed the staff report, noting that this was to have one street name (Hovley East) between Portola and Washington. He stated that staff had done the necessary posting and publishing of this public hearing. Mayor Snyder declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered, and he declared the public hearing closed. Councilman Spiegel moved to waive further reading and adopt Resolution No. 95-110 approving a street name change for a portion of 42nd Avenue between Carlotta Drive and Washington Street (to Hovley Lane East) Motion was seconded by Benson and carried by unanimous vote. B. REQUEST FOR CONSIDERATION OF 22ND YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PUBLIC HEARING. Mr. Wohlmuth reviewed the staff report, noting that following the public hearing, staff would review the requests for funding and would make a report at the City Council meeting of January 11, 1996. Mayor Snyder declared the public hearing open and invited testimony. MR. MARK HUBERT, Executive Director of the Desert Aids Project in Palm Springs, stated that according to the Center for Disease Control, Aids is now the leading cause of death for Americans between the ages of 25 and 44, and the Coachella Valley was second only to San Francisco. He noted that there were currently 80 residents of Palm Desert receiving services from the Desert Aids Project, and he requested funding for home health care. MS. NORMA FRANDSEN, FISH of the Lower Coachella Valley, expressed appreciation for the City's past support. She said they had two main areas of service: 1) distribution of food supplies five afternoons per week throughout the year to Palm Desert, Indio, and La Quinta residents, with an average of 19,000 people serviced; 2) transportation program for lower income people for medical care or basic needs. This includes provision of bus tickets or vouchers, and she said they had provided approximately 2,700 trips during the past year. She noted that of the people they served, approximately 40% were children, 99% were at or below poverty level, and 87% were minority. MS. ALICIA CORRALES, Riverside County Office of Education, Children's Services Unit, requested funding for the California Child Care Initiative Project to recruit, license, and train family child care providers in Spanish. She submitted a packet for Council's consideration. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MS. FRAN FERGUSON, Executive Director of Shelter from the Storm, said her organization served women and children who are victims of domestic violence. She noted that a second wing of the facility had been opened last August and that there were now 60 beds available for these victims. She asked for the Council's support to provide a new computer, software, and equipment to run that facility. MS. RAMONA ORTEGA, Community Action Agency, requested support for the emergency cold weather shelter. She said last year this shelter provided 22,000 bed nights from mid - December through mid -March at the National Guard Armory in Indio. MR. JOHN PRESTON, Food In Need of Distribution (FIND), said they were requesting funding this year from each of the five cities so that they could purchase four new vans. He said they currently had four vans that operated six days per week and picked up approximately three quarters of a million pounds of food per year in the Coachella Valley. He noted these vans had approximately a quarter of a million miles total on them. He said he was also requesting funding for their home bound program which supplies about 575 food boxes per month to residents in the Coachella Valley at a cost of about $22.50 per box. MS. JEANINE SMITH, Executive Director for Family Service of Coachella Valley, said her group provides individual and family therapy group counseling in English and Spanish, with a goal of keeping families together. She said the organization assists low and moderate income families who do not have any other coverage, and she requested funding to help in this effort. MS. TINA B. WEEN, Coordinator of the Care Program at College of the Desert, stated that this was a State funded program for single parents on AFCD who want to complete their college education. She said they served 68 single parent students last year, 20 of whom live in Palm Desert. She noted their assistance was with child care, books, and transportation costs, with approximately two-thirds of the budget going toward child care costs. Management Analyst Ray Janes addressed the Council and stated that there were several projects that staff was requesting funding for also, including $60,000 from the Building and Safety Department to complete ADA retrofitting of City Hall and $100,000 from the Redevelopment Agency to reinstate the single-family housing rehabilitation program. He noted this years CDBG allocation was $229,000, 15 % of which must be used for public programs. With no further testimony offered, Mayor Snyder declared the public hearing closed. Councilman Crites moved to, by Minute Motion, direct staff to work with applicants to develop eligible projects. Motion was seconded by Spiegel and carried by unanimous vote. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. REQUEST FOR APPROVAL OF NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, CHANGE OF ZONE FROM R-3 (MULTIFAMILY RESIDENTIAL) TO O.P. (OFFICE PROFESSIONAL), A PRECISE PLAN OF DESIGN FOR A 16,768 SQUARE FOOT TWO-STORY OFFICE BUILDING, AND PARCEL MAP WAIVER TO CONSOLIDATE THREE (3) LOTS INTO ONE (1) LOT ON THE SOUTH SIDE OF FRED WARING DRIVE, 80 FEET WEST OF SAN PASCUAL AVENUE, Case Nos. C/Z 95-4, PP 95-$. PMW 9 (Narendra Patel, AIA, and Dr. Suresh Shah, Applicants). Associate Planner Steve Smith reviewed the staff report, noting that the only persons present at the Planning Commission meeting to discuss this were the applicant and his architect. He said he had received a telephone call earlier in the day from the owner of the property adjacent to this relative to drainage on his property. He advised the owner that this matter would be brought to the attention of the Public Works Department so that could be taken into consideration when the grading is done. That property owner also expressed concern with the drainage enclosure near his property, and he was advised that staff would look into placing it at another location. Another concern raised was servicing of the trash, and staff recommended addition of Condition #10 to reflect that "trash collection shall take place only between 7:00 a.m. and 7:00 p.m.". Upon question by Councilmember Benson, Mr. Smith responded that the building was 25 feet high. Councilmember Benson expressed concern with the signage for the building and stated that in the past the developer wanted more signage than he was entitled to. Mr. Smith responded that staff had not received a sign proposal for the building at this time. Mayor Snyder declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. MR. JOE DUNN, 44-405 San Luis Rey, stated that he felt this was quite a handsome project and that he was in favor of it. DR. SURFSH SHAH, 73-345 Highway 111, stated that if the Council approves this project, he planned to build right away and make it a good project. With no further testimony offered, Mayor Snyder declared the public hearing closed. Councilman Spiegel moved to: 1) Waive further reading and pass Ordinance No. 220 to second reading, approving C/Z 95-4; 2) waive further reading and adopt Resolution No. 95-111, approving PP 95-8 and PMW 95-23. Motion was seconded by Crites and carried by unanimous vote. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. REQUEST FOR APPROVAL OF AN AMENDMENT TO THE CONDITIONS ON THE OPERATION OF BUSINESSES IN THE DESERT SPRINGS MARKETPLACE, SPECIFICALLY PERMISSION TO EXTEND THE BUSINESS HOURS FOR GILA BAR AND GRILL LOCATED AT 74-950 COUNTRY CLUB DRIVE FROM 12:00 MIDNIGHT UNTIL 2:00 A.M., Case No. PP 92-6 Amendment tat (Anne Cannon, Gila Bar and Grill, Applicant). Mr. Smith reviewed the staff report, noting that the matter had been before the Planning Commission in November. No one spoke in opposition or expressed concern at that time, and the Planning Commission recommended approval. Upon question by Councilman Spiegel, he responded that it was his understanding that the hotel bar across the street was open until 2:00 a.m. Councilmember Benson stated that allowing this business to be open only until midnight was a condition of approval because of the overabundance of people who appeared at the City Council public hearing to express concern with the hours of operation. With regard to the Planning Commission public hearing and no one speaking in opposition, she asked whether people had been notified of the hearing. Mr. Smith responded that staff notified residents within 450 feet instead of the required 300 feet. Upon question by Councilmember Benson he said copies of the notices were mailed to the business office addresses of each of the homeowners' associations. Mayor Snyder declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. MS. MAVIS NORTHERN, representing the management group of the Desert Springs Marketplace, spoke in favor and said she felt there was no immediate negative impact on the adjacent buildings. JUDGE ARNOLD H. EINBINDER, 549 Desert Falls Drive East, agreed with Councilmember Benson that there were a lot of people present at the City Council public hearing when this project was approved. One of the conditions placed on the development was that there be no sports bar at this location, and he felt the Gila Bar and Grill closely resembled a sports bar. He said he felt the additional two hours would not usually be for people who are going to eat -- they are going to drink and would then leave that area and go through the area where residents of Desert Falls reside, such as Cook Street and Country Club Drive, when leaving that area. MS. ANNE CANON, one of the owners of Gila Bar and Grill, stated her business was a restaurant first before a bar, and 65 % of their business was from food sales. She said they would like to additional hours in order to be able to serve food later in the evenings. She said they had never had any problems at this business and that the Sheriff's Department had not received any complaints. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * With no further testimony offered, Mayor Snyder declared the public hearing closed. Councilmember Benson suggested that if the Council approve this, it should be with the condition that it can be changed back to midnight if anything arises that causes the need to do so. Mr. Erwin stated that it could be approved subject to any objections or complaints and that, based upon another public hearing, it could be changed back to midnight. Councilmember Benson moved to waive further reading and adopt Resolution No. 95-112, approving the amendment to Condition #11 of Resolution No. 93-16, changing the business hours for Gila Bar and Grill, amended to reflect that this approval is subject to any objections or complaints and that, based upon another public hearing, it can be changed back to 12:00 midnight. Motion was seconded by Spiegel and carried by unanimous vote. E. REQUEST FOR APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, ZONING ORDINANCE AMENDMENT TO PERMIT MIXED RESIDENTIAL/COMMERCIAL USE IN THE C-1, PC, AND O.P. COMMERCIAL ZONES, PRECISE PLAN FOR THE REMODEL AND 6,114 SQUARE FOOT ADDITION INCLUDING TWO RESIDENTIAL APARTMENTS TO AN EXISTING 8,100 SQUARE FOOT BUILDING, SCULPTURE GARDEN, AND CONDITIONAL USE PERMIT FOR A 2,760 SQUARE FOOT RESTAURANT WITH LIQUOR LICENSE AND 1,380 SQUARE FOOT OUTDOOR PATIO ON 1.8 ACRES LOCATED ON THE SOUTH SIDE OF EL PASEO BETWEEN PORTOLA AVENUE AT PRICKLY PEAR LANE, Case Nos. ZOA 95-2. PP 95-7. CUP 95-11 (Denise Roberge, Applicant). Mr. Drell reviewed the staff report, noting that the Planning Commission had approved the precise plan and recommended approval of the zoning ordinance amendment. He said the concern of the Councilmember who called up this project was the parking area off El Paseo for the restaurant. He said this would be a parking area for five cars entering off El Paseo and circling back to Prickly Pear. He noted that this plan had functioned very well when staff went out and tried it. He said the Planning Commission had approved the precise plan with conditions that the off street parking in the rear be redesigned. He added that the project would include two apartments to be used by the applicant for a caretaker to provide 24-hour security for the sculpture garden, etc. With regard to the zoning ordinance amendment to allow for inclusion of residential units in commercial zones, this issue originally came to the Council earlier in the year with an applicant who wanted to do an office building/residential project on Highway 111. That applicant was not able to do that design, and staff waited until another application was received to do this amendment. Councilmember Benson expressed concern with the off street parking and said she felt it would not be good circulation to make people who do not valet park their cars have to walk all the way around to get to the restaurant, and the City had prohibited valet parking in the past from doing that. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Snyder declared the public hearing =en and invited testimony in FAVOR of or OPPOSED to this request. MR. JOHN VUKSIC, 38-145 Crocus Lane, spoke as the architect for this project and representative of the property owner. He said their intention was to create an outstanding project for El Paseo. With regard to the parking issue, he said the parking area in the back was open to the public, the parking spaces in the front of the restaurant would be reserved for special use, and the cars using the valet would be parked between the buildings. Upon question by Councilman Crites, Mr. Vuksic noted that if someone were to sop to be valet parked, everyone behind them would have to wait. Councilman Crites asked how deep their stacking ability was, and Mr. Vuksic responded that there would have to be four or five cars before people would start lining up in the street. Mr. Drell stated that is was his understanding that the applicant did not want the general public driving through the sculpture garden in the back. He also noted that this would be a very small restaurant, along the lines of Club 74. Councilman Kelly expressed concern with the parking and noted that between the two buildings was an overhang that juts out. That opening narrows down, and if you valet park there, you would not have a lane coming in and going out. He asked what would happen if someone were backing their car up to leave and someone else was trying to go in. Mr. Vuksic responded that the valet would take the car around to the front of the restaurant to deliver it to the owner. Mr. Drell noted that at this point in time, staff had not received a valet parking plan to be approved. MR. GREG SWAJIAN, 74-090 El Paseo, owner of the building one block northeast of this project, said he was excited about this project because it would take care of the abandoned Security Pacific building and would be a great benefit to both the neighborhood and El Paseo. With no further testimony offered, Mayor Snyder declared the public hearing closed. Councilman Crites agreed with Mr. Swajian that this is an example of the return to the past in terms of putting people into the downtown area instead of having the area abandoned at 5:00 p.m. Councilman Spiegel said he felt from the beginning that this would be a marvelous project to take care of some of the blight in the City. He said he would like to see the traffic problem resolved so the valet does not cause a problem with regular customers. Councilman Kelly moved to waive further reading and pass Ordinance No. 221 to second reading, approving ZOA 95-2. Motion was seconded by Spiegel and carried by unanimous vote. 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly said he liked the idea of having parking in the front. He said the concept of not having every building on the sidewalk was an ideal way to design projects, and he felt this would add to the looks of El Paseo. He said he had a problem with the parking issue but basically felt this was a great project that would help that end of El Paseo. Councilmember Benson said she felt it was a great project but felt the parking problems should be faced at the beginning. Councilman Crites suggested approving the project subject to having this agreeably resolved by staff, Councilmember Benson, and Councilman Kelly. Mayor Snyder said he felt this was a beautiful project that is needed on El Paseo. He commended the applicant for the time and effort spent in the design of this unique project. Councilman Crites moved to waive further reading and adopt Resolution No. 95-113, approving PP 95-7 and CUP 95-11, subject to conditions and subject to the valet parking issue and building adjustments, if necessary, being resolved to the satisfaction of staff and Councilmembers Benson and Kelly. Motion was seconded by Spiegel and carried by unanimous vote. F. JOINT PUBLIC HEARING WITH THE PALM DESERT REDEVELOPMENT AGENCY RELATIVE TO THE SPORTSPARK DISPOSITION AND DEVELOPMENT AGREEMENT. Mayor/Chairman Snyder noted that a request had been received from the applicant for continuance of this item to the meeting of January 11, 1996. Mayor/Chairman Snyder declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. JUDGE ARNOLD H. EINBINDER, 549 Desert Falls Drive, Palm Desert, asked why the applicant had requested a continuance of this matter. Mr. Erwin provided Judge Einbinder with a copy of the letter requesting the continuance. Upon question by Judge Einbinder, Mayor/Chairman Snyder responded that these requests for continuance are not necessarily routinely granted. Judge Einbinder said he was curious as to why this item had been scheduled for December 14th when it was his understanding that it was to be a January 31, 1996, deadline, which was the continuance date for the contract. He also noted an article in the Desert Sun relative to a meeting of a sports organization on Saturday and asked if that had affected the City Council. He said he assumed it had an affect on the request for continuance. He asked whether the Council would be ready to vote on the matter on January 11, 1996. 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Erwin responded that they may be some items that are not complete and that staff may have requested a continuance if the applicant had not done so. He noted that as part of this process, there was to be a financial review, and this has not been completed at the staff level. Judge Einbinder stated that he would like to reserve his testimony until the January 1 lth meeting date. Councilman/Member Crites moved to continue this matter to the meeting of January 11, 1996. Motion was seconded by Spiegel and carried by unanimous vote. XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Councilman Crites moved to adjourn the meeting at 8:40 p.m. to Closed Session to continue discussions held during the 3:00 p.m. Adjourned Meeting. Motion was seconded by Spiegel and carried by unanimous vote. With Council concurrence, Mayor Snyder adjourned the meeting at 9:05 p.m. to 3:00 p.m. on Thursday, December 14, 1995, for the purpose of holding a Closed Session. WALTER H. SNYDER, MAYO ATTEST: SHEILA R. GIL GAN, D11 CTOR OF COMMUNITY AFFAIRS CITY OF PALM DESER , CALIFORNIA 26