HomeMy WebLinkAbout1995-11-09MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, NOVEMBER 9, 1995
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I. CALL TO ORDER
Mayor Crites convened the meeting at 4:00 p.m.
II. PLEDGE OF ALLEGIANCE - Councilmember Jean M. Benson
III. INVOCATION - Mayor Pro-Tempore Walter H. Snyder
IV. 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:
Ramon A. Diaz, Acting City Manager
David J. Erwin, City Attorney
Mary P. Gates, Deputy 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
Lisa Constande, Environmental Conservation Manager
V. ORAL COMMUNICATIONS - A
None
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REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 9, 1995
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VI. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of October 26, 1995.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 19 and 20.
Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Hu -Yu for City Wok, 74-970
Country Club Drive, Suites 440 and 450, Palm Desert.
Rec: Refer to Department of Community Development for processing of a Conditional
Use Permit.
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Caddys LLC, Michael Grim,
Wendy Grim, Eric C. Phelps, and William A. Phelps for Caddys, 72-990 El Paseo, Palm
Desert.
Rec: Receive and file.
E. MINUTES of Palm Desert Police Advisory Committee Meeting of October 11, 1995.
Rec: Receive and file.
F. SCHEDULE OF INVESTMENTS as of September 30, 1995.
Rec: Receive and file.
G. MINUTES of Charitable Contributions/Outside Agency Committee Meeting of July 13, 1995.
Rec: Receive and file.
H. REPORT Relative to Independent Transportation Project Audit.
Rec: Receive and file audit management letter for Traffic System Management Project
TSM 93-5414(001) Monterey Avenue and Highway 111 intersection improvement.
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I. CONSIDERATION of Flashing Beacon Installation on Cook Street at Palm Desert High
School (Santa Fe Trail), Project No. 551/95, Contract No. C10020 - Request for
Authorization to Negotiate a Fixed Fee Contract.
Rec: By Minute Motion, authorize staff to negotiate a fixed fee contract for the subject
project.
J. REOUEST FOR APPROVAL of Installation and Maintenance Agreement for Traffic Signal
at Country Club Drive and Resorter Boulevard (Palm Desert Resorter), Project No. 575/95,
Contract No. C10600).
Rec: By Minute Motion, authorize the Mayor to enter into an agreement with the Palm
Desert Resorter Association for the installation and maintenance of a traffic signal
at Country Club Drive and Resorter Boulevard.
K. REQUEST FOR AUTTHORIZATJON to Advertise and Ca11 for Bids for Service and Rental
of Uniforms and Supplies (Contract No. C10610).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the
service and rental of uniforms and supplies.
L. REOUEST FOR APPROVAL of Change Order No. 1 to Contract No. CO$,520 for the
Barrier Free Project Improvements.
Rec: By Minute Motion, approve Change Order No. 1 in the amount of $2,025.00.
M. NOTICE OF COMPLETION for Contract No. C10030 - Installation of the San Pascual
Pedestrian Bridge (Project No. 698/95).
Rec: Item removed from the Consent Calendar. Please see Section IX, Consent Items
Held Over, for Council action.
N. AUTHORIZATION to Annual Transfer the Commercial Development Housing Mitigation
Fees to the Redevelopment Agency's Low and Moderate Income Fund for the One Quail
Place Rent Subsidy Program.
Rec: By Minute Motion, authorize the Finance Director to transfer funds from the
Housing Mitigation Fee Account to the Redevelopment Agency's Low and
Moderate Income Fund, on an annual basis, for use in the One Quail Place Rent
Subsidy Program.
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REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 9, 1995
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O. AUTHORIZATION to Advertise and Call for Bids for the Sidewalk and Landscape
Installation on the North Side of Fred Waring Drive between Elkhorn Trail and Warner Trail
(Contract No. C10620).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the
subject project.
P. REQUEST FOR APPROPRIATION OF FUNDS for Bermuda Dunes Feasibility Study.
Rec: By Minute Motion, appropriate $15,000 from unappropriated reserves for the
Bermuda Dunes Feasibility Study, Contract No. C10310.
Q. REOUEST FOR APPROVAL of Final Tract Map 28270, Bay Colony -Gateway. Applicant
(formerly Westinghouse Bighorn Project).
Rec: Waive further reading and adopt Resolution No. 95-104 approving Tract Map No.
28270.
Councilman Spiegel asked that Item M be removed for separate discussion under Section IX,
Consent Items Held Over, of the Agenda.
Upon motion by Spiegel, second by Benson, the remainder of the Consent Calendar was approved
as presented by unanimous vote of the Council.
VII. RESOLUTIONS
A. RESOLUTION NO. 95-99 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, IN SUPPORT OF AMENDMENTS TO THE CLEAN
WATER ACT.
Councilman Spiegel moved to waive further reading and adopt Resolution No. 95-99 requesting
the United States Senate to amend the Clean Water Act with regard to stormwater in a manner similar to
HR961. Motion was seconded by Kelly and carried by unanimous vote.
B. RESOLUTION NO. 95-100 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING GUIDELINES REGARDING MELLO-
ROOS FINANCING.
Councilman Spiegel moved to waive further reading and adopt Resolution No. 95-100. Motion was
seconded by Kelly and carried by unanimous vote.
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C. RESOLUTION NO. 95-101 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING FORM OF SECOND SUPPLEMENT
PROVIDING FOR THE FORM, EXECUTION, AND ISSUANCE OF SERIES 1995
SPECIAL TAX BONDS; APPROVING THE FORM OF PURCHASE CONTRACT;
APPROVING THE FORM OF AND DISTRIBUTION OF A PRELIMINARY OFFICIAL
STATEMENT; AND AUTHORIZING CITY STAFF TO TAKE NECESSARY ACTIONS
AND TO PREPARE NECESSARY DOCUMENTS IN CONNECTION WITH THE
ISSUANCE AND SALE OF THE 1995 SPECIAL TAX BONDS (Community Facilities
District No. 91-1 - Indian Ridge Public Improvements).
Mr. Diaz noted the report in the packets.
Councilman Spiegel asked whether this was a new Mello -Roos District or an extension of the
one with Indian Ridge.
Mr. Ortega responded that it was the same district created in 1991 but that the financing had
been divided into two separate issues, Series A issued in 1992, and now Series B.
Councilmember Benson asked whether the people in Indian Ridge knew about this and said
there was one meeting where a gentleman from Indian Ridge had complained about not
knowing the district was in there.
Mr. Ortega stated that there were requirements when someone purchases the property that the
developer physically notify them of the Mello -Roos District; however, he did not know of
any other requirements where the City is supposed to notify them of this.
Mr. Erwin stated that when the District was originally set up, there was an additional
requirement on the developer that goes through every escrow that there is a separate
disclosure statement with regard to the Mello -Roos that each purchaser signs off on. He
added that this requirement had not changed and would still be done.
Councilman Spiegel moved to waive further reading and adopt Resolution No. 95-101. Motion as
seconded by Kelly and carried by unanimous vote.
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NOTE: THE FOLLOWING RESOLUTION WAS LISTED ON AN AGENDA ADDENDUM
POSTED 72 HOURS PRIOR TO THE CITY COUNCIL MEETING.
D. RESOLUTION NO. 95-105 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, ADOPTING NEW LOCAL GUIDELINES FOR
IMPLEMENTING THE NEW CALIFORNIA ENVIRONMENTAL QUALITY ACT.
Mayor Crites noted the report in the packets.
Councilman Kelly moved to waive further reading and adopt Resolution No. 95-105. Motion was
seconded by Spiegel and carried by unanimous vote.
VIH. ORDINANCES
For Introduction:
None
For Adoption:
None
IX. CONSENT ITEMS HELD OVER
M. NOTICE OF COMPLETION for Contract No. C10030 - Installation of the San Pascual
Pedestrian Bridge (Project No. 698/95).
Councilman Spiegel stated he thought the bridge looked terrific but felt it needed some grass
around it.
Mr. Folkers responded that the contractor had fulfilled his obligation and that the City was
now working on a plan to do landscaping on both sides.
Councilman Spiegel moved to, by Minute Motion, authorize the City Clerk to file a Notice of
Completion for the subject contract. Motion was seconded by Kelly.
Mayor Crites expressed concern that what happened with this project does not happen in the
future. He explained that the bridge was planned for one location, but it was moved
significantly and without notifying residents until it was almost completed. He said he felt
that should never have happened.
Mr. Diaz stated that most of the things that are approved and constructed in that manner have
to go through a public hearing process. He said from now on, any time there is any kind of
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alteration as far as change of location more than five to ten percent, it will be advertised as
a public hearing.
Mayor Crites called for the vote. Motion carried by unanimous vote.
R. NEW BUSINESS
A. REOUEST FOR CONSIDERATION OF THE ACCEPTANCE OF DONATED ARTWORK
TITLED "THE READER" BY ARTIST JOHN KENNEDY.
Mayor Crites noted the report in the packets. Upon question by Councilman Spiegel relative
to the location of the artwork, Ms. Sass responded that it would be determined at a later date
but that it would be either inside of or outside of the entryway to the Multi -Agency Library.
Councilman Spiegel moved to, by Minute Motion, accept the donation of "The Reader", a sculpture
by artist John Kennedy, from Mr. Gregg. G. Juarez. Motion was seconded by Kelly.
Kelly.
Councilmember Benson asked whether we would have a decision in where it is placed and
said she did not know whether the artwork should be placed at the door. Ms. Sass responded
that the location determination could come back to the Council at a later date. She noted that
the only stipulation on the donor's part was that the artwork be placed at the new library.
Mayor Crites called for the vote. Motion carried by unanimous vote.
B. REOUEST FOR CONSIDERATION OF APPROVAL OF A TEMPORARY USE PERMIT
TO ALLOW A SEARCHLIGHT BETWEEN 7:00 P.M. AND 9:00 P.M. AT THE MAIN
CLUBHOUSE ENTRANCE AT THE PALM DESERT RESORT COUNTRY CLUB ON
DECEMBER 2, 1995.
MS. MINDY PASHKOW addressed the Council as the applicant and explained that she
realized searchlights were not allowed in the City of Palm Desert; however, she said this
would only be for a two-hour period, from 7:00 p.m. to 9:00 p.m. on a Saturday night at the
clubhouse at Palm Desert Country Club. She said it was for a birthday party for one of the
club members and that the request was supported by the Palm Desert Country Club. Upon
question by Councilman Spiegel, she responded that it was a 50th Birthday party for Ernie
Rubin.
Councilman Spiegel moved to, by Minute Motion, approve the request. Motion was seconded by
Councilmember Benson said she might consider approving the request for a 100th Birthday,
but not for a 50th Birthday and said there were a lot of people turning 50 next year.
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Councilman Snyder agreed with the staff report that one of the things we do not want to do
is light up the sky, and the dark skies ordinance was enacted in the first place in order that
this type of thing would not happen.
Mayor Crites agreed and said the searchlight would be visible for miles around.
Mayor Crites called for the vote. The motion for approval failed by a 2-3 vote, with Councilmen
Kelly and Spiegel voting YES, and Councilmembers Benson, Snyder, and Crites voting NO.
C. REQUEST FOR APPROVAL OF AN AFFORDABLE HOUSING AGREEMENT
BETWEEN THE CITY OF PALM DESERT AND KAUFMAN AND BROAD WHICH
LIMITS THE SALES PRICE ON AT LEAST TEN PERCENT (10%) OF THE UNITS FOR
TT28258.
Mr. Drell reviewed the staff report and the revised agreement, noting that the essential details
of the revised agreement were the same as the agreement included in the Council packets.
Upon question by Councilmember Benson, he responded that there were 160 homes in the
development and that ten percent (16 homes) would be affected by this agreement. He added
that it was likely that the price of all the homes would be close in amount.
Mayor Crites questioned whether there was any guarantee that any of these homes would be
less than the others, even with smaller lots, and he asked what benefit this would be. Mr.
Drell responded that the guarantee was that at least ten percent would be at a lower price.
He added that the goal with the smaller lots was to try and make as many as possible
affordable.
Upon question by Councilman Kelly, Mr. Drell responded that the average lot size was 7,400
square feet, and he noted that the Merano project had similar lot sizes. Upon question by
Councilman Spiegel, he responded that unlike the affordable project on Fred Waring, there
were no subsidies involved in this project.
Mayor Crites asked what would happen if the Council were to deny the request. Mr. Drell
responded that this agreement was a Planning Commission condition of the map, and the
Planning Commission had the authority to approve the agreement without the condition.
With regard to the agreement, Councilmember Benson stated she felt no matter what the
developer sells the other homes for, these 16 should be below that amount.
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Mr. Drell stated that it could be changed to reflect that in no event can the 16 units be more
than the price of the other homes.
Councilmember Benson moved to, by Minute Motion, approve the amended affordable housing
agreement between the City of Palm Desert and Kaufman and Broad for TT 28258 with the addition of
wording as stated by Mr. Drell relative to the price of the 16 units. Motion was seconded by Snyder and
carried by a 4-0-1 vote with Councilman Spiegel ABSTAINING because he felt he did not know enough
about it.
D. REOUEST FOR CONSIDERATION OF DESIGN AND PRODUCTION OF THE CITY'S
PUBLIC ART TOUR BOOKLET
Mayor Crites noted the report in the packet and stated that the members of the Council had
had an opportunity to review the two different proposals. He said one proposal was favored
by the Art -In -Public -Places Committee (AIPP), with a different proposal favored by the City
staff.
Councilman Spiegel asked why staff favored the Kiner Goodsell proposal. Ms. Sass
responded that the Kiner Goodsell proposal was selected by an ad hoc committee, not the
AIPP Committee, and "staff" was actually those members of City staff who looked at the
brochures. She said she was not recommending either of the two proposals and that she
could work with either bidder. She noted that Bidder #1, Kiner Goodsell, was recommended
by the ad hoc committee because it liked the "graphic style" and felt it best showed off the
program. She said there were comments made during that review that the presentation was
not very clear as far as which tour a person was on, etc. However, the committee felt this
could be dealt with on a staff level during the complete design process with this contractor.
Bidder #2, Conner Enterprises, had a very clear and concise brochure that there was no
mistaking what it was about and which tour a person was currently taking; however, the
committee was not favorable to the cover presentation. These were things noted during the
initial review. A second review was held where Kiner Goodsell was advised that the
committee did not like the inside, and Conner Enterprises was advised that we did not like
the cover. After another review, there was not much comment at all; therefore, the decision
was left for the Council to make.
Councilman Spiegel noted that Conner Enterprises was from Ontario, and he asked where
Kiner Goodsell was from. Ms. Sass noted it was a local firm. She added that Conner
Enterprises was using actual photographs to show the art and was also using a takeoff of the
figure that was currently the logo for the City. Upon further question by Councilman Spiegel
relative to a docent program, she responded that the City already had a docent program and
that 22 people were trained; however, we were now down to about four people, and it is time
to do some retraining.
Upon question by Councilmember Benson, Ms. Sass responded that the brochure would
include everything the City has in its art collection at the time of the printing of the brochure.
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With regard to El Paseo, a separate brochure is done because it changes every year. While
the new brochure will mention the El Paseo program, it will not be explained in any great
detail.
Mayor Crites stated he felt strongly that actual photographs should be used instead of
computer generated pictures.
Upon further question by Councilman Spiegel, Ms. Sass responded that it was anticipated this
brochure would have a life of two years. She noted it would be distributed nationally and
that people who were going places to speak would be encouraged to take some of the
brochures with them.
Councilman Snyder moved to, by Minute Motion: 1) Approve Contract No. C10630 with Conner
Enterprises in the amount of $22,002.00 for the design and production of the City's Public Art Tour
Booklet; 2) allocated funds in the amount of $12,002.00 from unobligated general funds for this project.
Motion was seconded by Benson and carried by a 4-1 vote, with Councilman Kelly voting NO.
E. REQUEST FOR APPROVAL OF MEMORANDUM OF UNDERSTANDING (MOU)
REGARDING THE PREPARATION OF A COACHELLA VALLEY MULTIPLE SPECIES
HABITAT CONSERVATION PLAN (Contract No. C10640).
Mayor Crites noted the report in the packets.
Councilman Kelly moved to, by Minute Motion, approve and direct the Mayor to sign the MOU.
Motion was seconded by Spiegel and carried by unanimous vote.
F. REQUEST FOR AUTHORIZATION TO SOLICIT REQUESTS FOR PROPOSAL (RFP'S)
FOR URBAN FORESTER POSITION.
Mr. Diaz noted the report in the packets.
Councilman Kelly questioned the reason for having an urban forester when we do not have
a forest in Palm Desert.
Councilmember Benson stated she could not see adding something like this that could be
handled by the staff we already have.
Mayor Crites noted that staff felt we do not have anyone with that expertise, and we have an
enormous urban enterprise in Palm Desert in terms of trees, etc. He added that this summer
a huge percentage of things had been lost due to everything from bad pruning to
mismanagement, lack of proper watering, etc.
Councilman Kelly said he felt we should go with this for one year and see how it works out.
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Upon question by Councilman Spiegel regarding the cost, Ms. Constande responded that it
would be between $40.00 and $50.00 per hour, and it would be provided by a landscape
architectural firm so that not just one person would be doing everything that is listed in the
report. She added that the firm would also work internally with staff to improve their skills.
Mr. Diaz noted that this was a request for an RFP, and the recommendation for the actual
contractor and prices would come back to the Council for approval.
Councilman Spiegel stated that it would not necessarily be a 40 hour per week job, and
Councilmember Benson said she felt this should be in the RFP.
Ms. Constande agreed. She noted the Palm Desert Redevelopment Agency projects listed on
the last page of the report and said the Agency would reimburse the City for this position on
a project by project basis.
Councilman Spiegel moved to, by Minute Motion, authorize staff to prepare Requests for Proposal
(RFP's) to solicit a contract to fill the position of Urban Forester. Motion was seconded by Kelly and
carried by a 4-1 vote, with Councilmember Benson voting NO.
G. REOUEST FOR CONSIDERATION OF PREVAILING WAGE LAWS.
Mr. Diaz reviewed the staff report, noting there was currently movement in Sacramento to
modify or eliminate the prevailing wage requirements on public projects. He said one of
staff s biggest concerns when going out to bid on public projects was the additional cost
generated because of the issue of prevailing wage. He recommended that Council support
it and that letters be sent to our Assemblyman and Senator expressing the City's support.
Councilman Spiegel moved to, by Minute Motion, support this legislation and direct staff to send
letters to Assemblyman Jim Bastin and Senator David Kelly expressing the City's support. Motion was
seconded by Kelly and carried by unanimous vote.
H. INFORMATIONAL ITEMS:
1. Continental CableVision of California Update.
Mayor Crites asked that this not be placed on the Agenda unless there are complaints
to be reported. Council concurred.
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2. Update on Interchanges:
a. I-10/Washington Street
b. I-10/Cook Street
c. I-10/Monterey Avenue
Mr. Folkers reviewed the progress of these interchanges.
3. Charter City Information.
Councilman Spiegel agreed with the staff report recommendation to designate two
Councilmembers and representatives from the community to the Citizen Advisory
Committee at an appropriate time, and he volunteered to serve on this board.
Councilmember Benson also volunteered, and the Council concurred with these two
designations.
Mr. Diaz added that staff would come back to the Council with recommended names
and number of citizens to be appointed to this committee.
Mr. Wohlmuth added that there were several members of the Year 2010 Plan
Government Subcommittee who would be excellent members of the Citizen Advisory
Committee.
4. Utility Regulation.
Mayor Crites noted the report in the packets. He also reported that earlier that day
the CVAG Energy and Environment Committee had met and discussed this issue. He
said the Public Utilities Commission (PUC) may take action in December on the
Edison proposal for utility deregulation, and the Committee voted to send him and
Palm Springs Councilman Art Lyons to visit on a one-on-one basis if possible with
members of the PUC to discuss problems in terms of access, etc.
Councilman Spiegel stated that recommendation in the staff report was that an Energy
Advisory Committee be established as an ad hoc committee and that one
Councilmember be designated to be a member of this ad hoc committee.
Mayor Crites stated that he felt what needed to be done first was to find out what the
PUC does so we know what "the game rules will be". Then people from the business
and residential communities could be brought in.
With Council concurrence, Mayor Crites was appointed to the Energy Advisory Committee.
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5. Oral Report on Retail Shuttle.
Mr. Wohlmuth stated that staffs recommendation in working with Sunline is to stop
the hotel shuttle and create a retail shopping shuttle. He said in working with the
Chamber of Commerce, they asked that if this is what is implemented that the
hospitality portion of the Chamber not be involved but that the retail committee of the
Chamber of Commerce be involved instead. He said staff agreed with this and that
a presentation was scheduled before the Chamber of Commerce next week. He noted
the shopping shuttle would be paid for by the City but operated and maintained by
Sunline. It would be kept here at the City because the range could be increased by
parking it and charging it at City Hall.
Councilmember Benson stated that the hotels could be provided with the shuttle
schedule and they could then use their own vans to transport their guests from their
hotel to the nearest shuttle stop.
Mr. Wohlmuth agreed and stated that several of the properties, including Desert
Crossing, had their own shuttles to the hotels, and this would tie into it and would be
promoted with the shuttle.
Upon question by Councilmember Benson, Mr. Wohlmuth stated that Sunline was
already designing a brochure for this route only. Councilmember Benson said she felt
it was important to have the brochure describe what the shuttle is, not just provide a
map. She also said she thought it would be a good idea for the Council to see the
brochure being designed by Sunline. Mr. Wohlmuth responded that he would bring
it back to the Council.
Councilmember Benson asked whether there would be anything on the current shuttle
to show that it is a free shuttle. Mr. Wohlmuth responded that Sunline had hired a
firm to provide temporary signs at this time that would advertise the shuttle as a free
service. Future plans were to paint the shuttle, and this would be brought back to the
Council also.
Councilman Kelly stated that one advantage of having Sunline operate the shuttle was
that they would provide another bus if the shuttle breaks down.
NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM AND POSTED
72 HOURS PRIOR TO THE MEETING.
6. Progress Report on School Boundary Changes.
Mr. Diaz stated that staff had been directed previously to look at having one district
serving the boundaries of the City of Palm Desert. He said a great deal of the weight
in changing this was in the hands of the property owners. He said staff had contacted
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one of the major property owners in the area north of Frank Sinatra, and she indicated
she would be willing to file and support that. He said staff intended to conduct a get-
together and have a meeting with Dolores Ballesteros of the Desert Sands Unified
School District, members of her staff, members of Palm Desert City staff, himself,
and some others and advise her exactly what we are looking at doing. He said he
would like to have Council appoint two members to serve on this committee so we
can then sit down with two members of the School Board and move forward. He said
it was his intention if practical to have the two Councilmembers appointed this
evening meet with the School Board members prior to the December 14th meeting so
on the 14th we can come back with a schedule on exactly what needs to be done.
With Council concurrence, Councilmembers Spiegel and Crites were appointed, with Councilman
Snyder appointed as an alternate.
XL CONTINUED BUSINESS
A. REQUEST FOR APPROVAL of Final Tract Map 27770-1 (Whitehawk), Sheffield Homes,
Applicant (Continued from the Meeting of October 26, 1995).
Mayor Crites noted the report in the packets.
Councilman Spiegel moved to waive further reading and adopt Resolution No. 95-97 approving
Tract Map 27770-1. Motion was seconded by Kelly and carried by unanimous vote.
B. REPORT AND RECOMIvNDATION RELATIVE TO FOURTH SIGN COLOR FOR
REMODEL AND ADDITION AT THE FORMER ONE ELEVEN TOWN CENTER ON
THE WEST SIDE OF TOWN CENTER WAY BETWEEN HIGHWAY 111 AND FRED
WARING DRIVE, ae No. PP 86-28 Amendment #1,, Festival Management Corporation,
Applicant (Continued from the Meeting of October 26, 1995).
Mr. Drell noted that the applicant was available to make a presentation to the Council.
MR. ROSS ANDREWS, Festival Management, stated that at the last meeting three colors
were agreed upon, with the fourth to be selected at a later date. He said they were asking
for a change to the approved sign program to allow for the face of the letters to be
transparent, that the light source be exposed, and that the letters be held off the surface of
the wall and be back lit. With regard to the colors, he said red, white, and blue had been
approved at the last meeting and that they were requesting the fourth color be yellow.
Councilman Snyder moved to, by Minute Motion, approve yellow as the fourth color for this
center. Motion was seconded by Kelly and carried by a 4-1 vote, with Mayor Crites voting NO.
Mr. Drell asked whether Council would deal with the issue of the signage as requested by
Mr. Andrews. Mayor Crites responded that this issue was not on the Agenda and that he
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would like to have the original report before him with the choices the Council had at that
time.
Councilmember Benson stated she felt more clarification was needed on the type of sign, and
she said the lighting around it was not discussed before.
Mr. Drell stated that the approved program was for smaller, simple letters with exposed neon
back lighting. He said the only Council action at this time would be design direction that the
Council would be willing to look at it.
Councilman Spiegel stated that the Council could approve the block letters with back lighting;
however, anything beyond that would have to go to the Architectural Review Commission to
review on a case by case basis.
Councilman Spiegel moved to, by Minute Motion, accept the block letters for the majors, and
anything beyond that would have to be reviewed by the Architectural Review Commission. Motion was
seconded by Snyder.
Upon question by Councilmember Benson, Mr. Drell responded that the letters would not be
block letters like Mervyn's -- they would be exposed single letters like the "E" on the samples
shown by the applicant.
Mayor Crites stated that what he had not seen was a slide of the existing sign at night so that
he could make a comparison. Mr. Andrews responded that he did not have a slide of the
existing sign at night.
Upon question by Councilmember Benson relative to the signs for the majors, Mr. Andrews
responded that they would be one -color signs for each tenant from the approved palette.
Mayor Crites called for the vote. Motion carried by unanimous vote.
XII. OLD BUSINESS
A. REQUEST FOR AWARD OF CQNTRACT FOR THE WASHINGTON STREET
WIDENING PROJECT (Contract No. C10560, Project No. 669/95).
Mr. Diaz noted the report in the packets.
Councilmember Benson suggested that in the future the staff reports indicate where the
contractors are located. Mr. Folkers responded that this particular contractor, Cooley
Construction, was located in Victorville.
Councilman Snyder asked whether this project would be completed before Christmas, and
Mr. Folkers responded that staff would try to do so.
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Councilmember Benson moved to, by Minute Motion, award Contract No. C10560 to Cooley
Construction in the amount of $32,613.50 plus a ten percent contingency of $3,262.00, authorize the Mayor
to execute the Agreement, and authorize the appropriation of funds in the amount of $50,000 from the
Unobligated 416 Fund reserves. Motion was seconded by Snyder and carried by unanimous vote.
B. REOUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF STREET, SEWER,
AND WATER IMPROVEMENTS FOR GERALD FORD DRIVE EXTENSION (PROJECT
NO. 667-95, CONTRACT NO. C10240).
Mr. Folkers noted the report in the packets.
Councilman Spiegel moved to, by Minute Motion, award Contract No. C10240 to Granite
Construction Company for construction of street, sewer, and water improvements for the Gerald Ford Drive
Extension in the amount of $705,569.40 plus a ten percent contingency in the amount of $70,556.94 and
authorize the Mayor to execute the agreement. Motion was seconded by Kelly and carried by unanimous
vote.
XIII. REPORTS AND REMARKS
A. CITY MANAGER
1. Mr. Diaz introduced Mr. Abe Flory, the City's new Human Resources Manager. Mr.
Flory congratulated the Councilmembers on the results of the election.
2. Interchange Reimbursement Agreement with Coachella Valley Association of
Governments.
Mr. Diaz reviewed changes to the draft agreement and recommended that Council
approve the agreement subject to the budgetary information and the final numbers not
to exceed $7.485 million. He suggested that it be approved to the satisfaction of the
City Manager, City Attorney, and appointed member of the Council.
Mayor Crites asked whether anyone else's share had gone up as Palm Desert's had.
Mr. Folkers responded that the first numbers we were given did not take into account
our portion of the Cook Street Extension.
Councilmember Benson asked why the years differed on the payment mechanism.
Mr. Diaz responded that it was because each entity had its own repayment program.
He said that in the letter sent to CVAG, the City of Palm Desert indicated that it
would like to have a most favored nation clause as far as approval, and that meant that
if any other agency had a better payment schedule that the City of Palm Desert, the
City could exercise that one. He said in his report to the Council, he recommended
that while may appear to be better, that we continue and repay according to our
schedule.
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Mayor Crites noted that a number of jurisdictions had much better deals than Palm
Desert. He noted the City of La Quinta was going to be paying back in dollars that
are seven years worth of inflation lower than we are; the County of Riverside will be
paying back in much smaller dollars; the City of Indian Wells will be paying in 2016.
He said he did not have a problem with the City of Palm Desert paying it in ten years,
but it aggravated him that we are paying big money in ten years, and the rest of the
agencies, with the exception of Rancho Mirage, will drag it out as long as possible
and pay back in cheaper dollars. He said he felt we should do as well as the best of
them and certainly not any better than them.
Mr. Diaz responded that that could be done. However, he said there was a question
on the $917,000 advance, and that was necessary for CVAG to be able to take
advantage of the lower price offered for the necessary right-of-way from Del Webb.
Councilman Kelly stated he felt this was something that just needed to be done. He
said when the time comes, we will adopt our favored nation clause.
Councilman Kelly moved to, by Minute Motion, approve the agreement in principle with
modifications. Motion was seconded by Spiegel and carried by unanimous vote.
Mr. Diaz noted that the budget information was still needed but that staff would take
care of that and come back to the Council if there were any problems.
3. Request for Approval of Substitution of Securities - Parcel 2, Parcel Map 22794 (Mr.
Bruce Odlaug, Maun & Simon, Applicant).
Councilman Snyder moved to add this item to the Agenda as one which arose after the Agenda was
posted. Motion was seconded by Kelly and carried by unanimous vote.
Mr. Erwin reviewed the staff report and recommendation.
Councilman Spiegel moved to, by Minute Motion, authorize the City Clerk to release the existing
securities associated with Parcel 2 of Parcel Map 22794 and accept Letters of Credit as substitute security.
Motion was seconded by Kelly and carried by unanimous vote.
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B. CITY ATTORNEY
Mr. Erwin noted the items for Closed Session listed on the Agenda.
Request for Closed Session:
Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section
54956.9(a):
1) Gonzales v. City of Palm Desert, Riverside County Superior Court, Indio Branch,
Case No. 257063.
2) City of Palm Desert v. R];FCO Capital Corp.. et al, U.S. District Court, Central
District of California, Case No. CV 92-7631-RIK
3) Palm Desert Redevelopment Agency v. Morey, City of Palm Desert, et al, Riverside
County Superior Court, Case No. 85068
4) Palm Desert Redevelopment Agency v. Swiniuch, City of Palm Desert, et al,
Riverside County Superior Court, Case No. 85069
5) Palm Desert Redevelopment Agency v. Bagdasarian, City of Palm Desert, et al,
Riverside County Superior Court, Case No. 84507
6) Palm Desert Redevelopment Agency v. Johnson (Omni), City of Palm Desert, et al,
Riverside County Superior Court, Case No. 85070
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. j_
Public Employment pursuant to Section 54957
Title of Position: City Manager
C. CITY CLERK
None
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D. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action;
1. Councilman Spiegel asked that staff look at the ordinance for size and location
of political signs. He said he also felt there should be written approval for
signs before they go on vacant lots, and he suggested that this information be
given to the candidates when they take out their papers.
2. Councilman Spiegel asked that staff look at the possibility of expanding police
coverage at the Palm Desert station next door. He said it currently closes at
9:00 p.m., and residents have asked that it be expanded.
Mr. Diaz stated that he had received a report from Captain Steve Bloomquist,
and he said he would like to have two members of the Council appointed to
meet with him. He added that a report would be prepared for the City Council
meeting of December 14, 1995.
With Council concurrence, Councilmembers Snyder and Spiegel were appointed.
3. Councilman Spiegel asked the status of the temporary facilities on the north
side of Country Club Drive across from the Marriott.
Mr. Drell responded that they were classrooms for the Seventh Day Adventist
School and that they were operating under a temporary use permit. He said
it was approved for one year and that they had approval for a permanent
facility, a church. The problem was that Seventh Day Adventist Churches are
built by one organization, and new facilities have to get on a waiting list. He
noted that the permit was originally approved last March or April.
4. Councilman Kelly stated that there were still areas in the City lacking in code
enforcement, with abandoned vehicles and trashy yards. He said the City
needed to have a concerted effort to clean up these areas, and he said he would
go with staff to show them the areas he was concerned with.
5. Councilman Kelly stated that he would like to revisit the issue of leaf blowers,
and Council agreed. He said the City had a PM10 program and was
purchasing sweepers that do not cause dust.
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o City Council Committee Reports:
1. Mayor Crites stated that Ms. Barbara Bowie wished to discuss with the
Council a proposal from the Library staff for a firm opening date for the
library.
MS. BOWIE addressed the Council and stated that the staff wished to have the
official dedication and opening of the Palm Desert Multi -Agency Library
during National Library Week, which was a national event that runs an entire
week. She said they felt there was no better time to celebrate this joint
partnership that we have all waited so long for. She said this was a once in
a lifetime event, and they wanted to do it right. She suggested that in addition
to having the dedication and the opening, the library should be celebrated all
week long with other events as well. She noted that National Library Week
was in April but that she would leave the dedication date up to the Council.
She did note, however, that Friday of that week might be a good day so there
would not be parking problems. She said the Pbrary staff was also looking at
doing some type of fund raisers in the building before that dedication where
people would pay to come in, and it would be a fund-raising, money -making
effort for the privilege of being in there ahead of time.
Councilman Spiegel suggested looking at doing something every day of that
week, with perhaps different authors to sign books, a kids' day, etc.
Ms. Bowie added that setting it for April would give them time to be creative.
Council concurred with Ms. Bowie's suggestions to have the dedication the week of National
Library Week.
XIV. ORAL COMMUNICATIONS - B
MR. HERMAN PAUL SLADER, 42-980 Massachusetts Court, Palm Desert, congratulated the
Councilmembers on their reelection. He addressed the Council regarding the lack of a signal on
Country Club at Oasis. He said he has gone down Oasis to Country Club for several years in the
mornings and early evenings, and vehicles do not come to full stops at the stop signs. He noted
that when this area was in the County, he had asked why there was no signal and was told the
County did not have the money to install one. He asked that the Council consider the installation
of a signal at this location due to safety factors.
Councilmember Benson agreed this should be looked at.
Mr. Folkers noted that a signal was currently being designed for that location. Upon question by
Councilman Spiegel, he responded that the design should be done within six weeks, and the signal
would then be put out to bid.
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Mayor Crites recessed the meeting at 5:50 p.m. to Closed Session to discuss items listed under City
Attorney Reports and Remarks; said Closed Session to be held following the Redevelopment Agency
meeting. He reconvened the meeting at 7:10 p.m.
XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
None
XVI. ORAL COMMUNICATIONS - C
None
XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
None
XVIII. PUBLIC HEARINGS
A. CONSIDERATION OF REQUEST BY THE COACHELLA VALLEY HOUSING
COALITION FOR APPROVAL OF A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT, A PRECISE PLAN, A CONDITIONAL USE PERMIT,
AND A CHANGE OF ZONE FROM R-1 9,000 TO PR-5 AND R-1 9,000 TO O.S. TO
ALLOW CONSTRUCTION OF 40 SINGLE-FAMILY SELF-HELP HOMES ON SIX
ACRES, 36 APARTMENT UNITS WITH A 3,224 SQUARE FOOT
ADMINISTRATION/CONFERENCE BUILDING ON 3.6 ACRES, A 7,500 SQUARE
FOOT OFFICE BUILDING ON 1.27 ACRES, AND A 5.2 ACRE PARK ON THE WEST
SIDE OF WASHINGTON STREET APPROXIMATELY 285 FEET SOUTH OF
MOUNTAIN VIEW. ALSO INCLUDED IS THE REQUEST FOR A ZONING
ORDINANCE AMENDMENT TO ALLOW OFFICE BUILDINGS IN THE R-3 ZONE
WITH A CONDITIONAL USE PERMIT WHEN ADJACENT TO A MAJOR ARTERIAL,
Case Nos. PP95-5. CUP95-9. C/Z95-5. ZOA95-1.
Mayor Crites noted that this matter had been withdrawn and that no Council action was
necessary.
B. CONSIDERATION OF AN APPEAL ON BEHALF OF PALM DESERT LODGE TO A
DECISION BY THE CITY PLANNING COMMISSION DENYING A REQUEST FOR AN
EXCEPTION TO THE SIGN ORDINANCE TO PERMIT THE REPAINTING AND
REFACING OF EXISTING NONCONFORMING SIGNS ON THE PROPERTY LOCATED
AT 74-527 HIGHWAY 111, Coe No. 4540$A (Quiel Bros. Signs for Palm Desert Lodge,
Applicant).
Mr. Drell reviewed the staff report, noting that the existing signs were yellow and black.
The applicant was requesting a change to burgundy and white. He stated that two of the
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existing signs were nonconforming and that the City's Code was quite specific in that these
signs "may not be expanded, extended, rebuilt, altered, or reconstructed in any way, except
for normal maintenance or to protect public safety". He added that Section 25.68.640
specifically identifies changes in color as triggering abatement of nonconforming signs.
Although everyone agreed the change would be an improvement, the intent of the sign
ordinance over the last 20 years was that nonconforming signs eventually be removed. He
added that a review indicated there were only five remaining nonconforming signs in the
City.
Mayor Crites declared the public hearing =en and invited testimony in FAVOR of or OPPOSED
to this request.
MR. RICK TILTON, Quiel Bros. Signs, noted that the major problem in conforming with
the City's sign ordinance was monetary. He said this would be a financial burden due to the
loss of advertising because of the loss of these signs on Highway 111. He noted that all that
was being requested at this time was a change in the sign face from the gaudy yellow that is
there now to the maroon colors as shown on the renderings, and this would be a minimal
expense to the owner at this time.
With no further testimony offered, Mayor Crites declared the public hearing closed.
Councilmember Benson stated that the City had worked very hard to get these nonconforming
signs down over the years, and if there were only five left, the City has accomplished what
it wanted to do. She added that she felt the regulations should be followed and that these
signs be taken down.
Councilman Spiegel stated that he could see no reason to go beyond the sign ordinance the
City currently has.
Councilman Kelly agreed.
Councilman Spiegel moved to waive further reading and adopt Resolution No. 95-102 denying the
appeal and affirming the decision of the Planning Commission. Motion was seconded by Benson and carried
by unanimous vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 9, 1995
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C. REQUEST FOR APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT AND PRECISE PLAN OF DESIGN FOR A 207,000 SQUARE FOOT RETAIL
COMMERCIAL/RESTAURANT CENTER (WITH LIQUOR LICENSES) AND BUILDING
HEIGHT VARIANCE LOCATED ON 10.68 ACRES ON THE SOUTH SIDE OF EL
PASEO BETWEEN SAN PABLO AVENUE AND LARKSPUR AVENUE, Case Nos. PP95-
5. VAR95-2 (Madison Marquette, Applicant) JOINT PUBLIC HEARING WITH THE
PALM DESERT REDEVELOPMENT AGENCY.
Mr. Drell reviewed the staff report, noting that staff, the Architectural Review Commission,
and the Planning Commission all believed that the applicant had a very outstanding project.
The Planning Commission and Architectural Review Commission recommended approval of
the project, and staff believed the project presented was consistent with the wishes and goals
of the Redevelopment Agency for this site.
Mayor/Chairman Crites asked whether there had been attempts to blend artistic elements into
the architectural design instead of having pieces of art in front of the project. Mr. Drell
responded that the applicant had been directed to have discussions with the Community Art
Department relative to this.
Mayor/Chairman Crites declared the public hearing open and invited testimony in FAVOR of or
OPPOSED to this request.
MR. PAUL HEISS, Development Director for Madison Marquette, noted that they had a
signed lease.with Saks. He said they wanted to design the project with walkways, fountains,
etc. to be designed by artists. He urged the Council's support of the Architectural Review
Commission and Planning Commission recommendations for approval.
MR. CARL MEYER addressed the Council/Agency Board and stated that the project would
have a one thousand car, two -level parking garage and that the central theme of the project
was a garden along with secondary courtyards. He said they felt this would provide an
architectural centerpiece for El Paseo and that the project was designed as an oasis in the
desert.
Upon question by Councilman/Member Spiegel, Mr. Heiss responded that they would have
to have at least 80% pre -leased to open the project in the 1997 season, and they hoped to
open with 100%. Councilman/Member Spiegel stated that another concern was with the
parking structure upper level and the amount of shaded area, especially during the summer
months. Mr. Meyer responded that there would be structures that shade both sides of the
parking rows. He said this would meet the coverage requirements and that they hoped this
would do it in a way that is much more efficient. Councilman/Member Spiegel stated he also
felt the developer should make sure there were plenty of benches for people to sit on in this
project. He questioned the name change from Madison Realty to Madison Marquette.
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REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 9, 1995
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Mr. Heiss stated that in February of this year Madison Realty purchased Marquette and
changed the name to Madison Marquette.
Councilman/Member Kelly questioned the need for an entrance on Shadow Mountain and said
he felt it would be a security problem. Mr. Meyer responded that at this point the stairs were
shown as required exits from the parking structure and that they would have to discuss this
with the Fire Department before making changes to the exits. Councilman/Member Kelly
stated he would prefer that something be worked out so that these exits would be for
emergency use only. Mr. Meyer stated that they shared Council's concerns with regard to
the security issue and that they were looking into the situation.
Upon question by Councilmember/Member Benson, Mr. Heiss responded that they had the
ability to build the project in phases but that they did not intend to do so. He said the
development agreement indicated they must build the first 100,000 square feet of space to
receive Redevelopment monies. The only way to possibly phase the project would be to cut
off one of the front buildings, but they had no intention to do that. Councilmember Benson
stated that at one point the Council was looking at a tenant agreement so we do not have
people moving from all over town to this project. Mr. Ortega responded that this was still
in effect. Councilmember/Member Benson asked whether there was a crosswalk on El Paseo
from the northeast corner over to the project. She said she knew there was a crosswalk now
from the northwest corner from San Pablo to Cedar Creek. Mr. Folkers responded that there
was no crosswalk at this time but that it could be put in when we get into the signalization
revisions. She asked how much money the City was putting into this project, and Mr. Ortega
responded that it was up to $5 million for the parking easement.
Councilman/Member Snyder complimented the developer for spending a lot of time with the
people and making changes after talking to them. He said he felt this was a beautiful project,
and he wished them success.
Mayor/Chairman Crites suggested that when the developer was looking at how to do the back
parking structure treatment on Shadow Mountain that they consider what was done on parking
structures in Phoenix and Sacramento where they were very imaginative in creating the
illusion of space and making people want to stop and look at them.
With no further testimony offered, Mayor/Chairman Crites declared the public hearing closed.
Councilman Snyder moved to waive further reading and adopt Resolution No. 95-103 approving
PP95-5 and VAR95-2, subject to conditions. Motion was seconded by Spiegel and,carried by unanimous
vote.
Member Spiegel moved to, by Minute Motion, approve the plans and specifications. Motion was
seconded by Kelly and carried by unanimous vote.
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XIX. ORAL COMMUNICATIONS - D
None
XX. ADJOURNMENT
Councilman Kelly moved to, by Minute Motion, add an item be added to the Agenda by 4/5ths vote
as an item which arose after the Agenda was posted. Motion was seconded by Spiegel and carried by
unanimous vote.
Councilman Kelly noted a memorandum from Economic Development Manager Paul Shillcock
relative to the upcoming Skins Game and a request for the City of Palm Desert to sponsor the
expense of transporting an alternative fuel golf cart to Palm Desert for this event. He noted the
cost would be approximately $3,000.00.
Councilman Spiegel moved to, by Minute Motion, approve the expenditure of an amount not to
exceed $3,000.00 for transporting an alternative fuel golf cart to Palm Desert for the Skins Game. Motion
was seconded by Kelly and carried by unanimous vote.
With Council concurrence, Mayor Crites adjourned the meeting at 8:00 p.m. to Wednesday,
November 29, 1995, at 6:00 p.m. for Closed Session and at 7:00 p.m. for the purpose of certifying the
results of the November 7, 1995, election, swearing in the newly elected Councilmembers, and selecting
the Mayor and Mayor Pro-Tempore.
ATTEST:
�Th(NO,LA_
MARY P. GA , DEPUTY CITY CLERK
CITY OF PA DESERT, CALIFORNIA
`BUFORD A. CRITES, MAYOR
25