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HomeMy WebLinkAbout1996-08-22MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, AUGUST 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Snyder convened the meeting at 7:05 p.m. H. PLEDGE OF ALLEGIANCE - Councilman Buford A. Crites III. INVOCATION - Councilmember Jean M. Benson IV. ROLL CALL Present Councilmember Jean M. Benson Councilman Buford A. Crites Mayor Pro-Tem Richard S. Kelly Councilman Robert A. Spiegel Mayor Walter H. Snyder Also Present: Ramon A. Diaz, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, Director of Community Affairs/City Clerk Richard J. Folkkers, ACM/Director of Public Works John Wohlmuth, ACM/Director of Administrative Services Carlos L. Ortega, Redevelopment Agency Executive Director Pat Conlon, Director of Building and Safety Phil Drell, Director of Community Development Paul Gibson, City Treasurer/Finance Director Evelyn Bridges, Acting Director of Code Compliance Paul Shillcock, Economic Development Manager Lisa Constande, Environmental Conservation Manager Mary P. Gates, Deputy City Clerk V. ORAL COMMUNICATIONS - A MR. RALPH HITCHCOCK, Regional Manager of Southern California Edison, made a presentation to the City Council relative to the power outage of August 10, 1996. He noted that MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * a higher electrical line current and the northwest's unusually hot summer temperatures created transmission line loading conditions, and the western power grid system became unstable with large amounts of power flowing into California. Multiple 500K transmission line outages occurred simultaneously, causing voltage and frequency irregularities on the Intertie. At approximately 3:48 p.m., a massive power outage affected nine western states connected to the Pacific Intertie. He added that California's utility system performed as designed, and he offered to answer any questions. Councilman Crites commented that Mr. Hitchcock was getting ready to retire from Southern California Edison and that he felt Edison was losing not only a competent employee but someone who is very well respected in the community. On behalf of the entire City Council, Mayor Snyder thanked Mr. Hitchcock for coming to the meeting and explaining this power outage. VI. CONSENT CALENDAR A. MINUTEa of the Regular City Council Meetings of July 11, July 25, an August 8, 1996, the Adjourned Joint Meeting of the City Council and Redevelopment Agency of August 6, 1996, and the Adjourned Joint Meeting of the City Council, Redevelopment Agency, and Financing Authority of July 3, 1996. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 57, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15. Rec: Approve as presented. C 1. CLAIM AGAINST THE CITY (#305) by Beverly J. and Richard L. Younge in an Amount in Excess of $12,000. Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the Claimant. C2. CLAIM AGAINST THE CITY (#314) by Patricia Hunter Pedersen in the Amount of $5,000,000. Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the Claimant. D1. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Four Bishops Corporation for Tanpopo Country Restaurant, 72-221 Highway 111, Suite A9-13, Palm Desert. Rec: Receive and file. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D2. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Betty Jane and Merril Dewayne Cassatt for Epicurean and Garlic Shoppe, 73-405 El Paseo, Suite 33D, Palm Desert. Rec: Receive and file. D3. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Kruder Enterprises for Napa's Tapa's, 73-900 El Paseo, #2, Palm Desert. Rec: Receive and file. E. SCHEDULE OF INVESTMENTS, as of June 30, 1996. Rec: Receive and file. F. RESIGNATION of Dick Shalhoub from the Promotion Committee. Rec: Receive with sincere regret. G. MINUTE of Investment & Finance Committee Meetings of April 10, May 8, and June 12, 1996. Rec: Receive and file. H. RESOLUTION NO. 96-52A - 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 (June 1996). Rec: Waive further reading and adopt. I. REOUEST FOR EXTENSION of Coachella Valley Mountains Conservancy Promissory Note. This item was removed from the Agenda for separate discussion under Section IX, Consent Items Held Over, of the Agenda. Please see that section for Council discussion and action. J. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C10420 - Monterey Avenue/Park View Drive Intersection Improvements Project (571-95). Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion on the subject project. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * K. REOUEST FOR APPROVAL of Memorandums of Understanding with Family Service of Coachella Valley and Foundation for the Retarded. Rec: By Minute Motion: 1) Approve the Memorandum of Understanding (Contract No. C11600) with the Family Service of Coachella Valley to conduct its 21st Year CDBG project; 2) approve the Memorandum of Understanding (Contract No. C11610) with the Foundation for the Retarded to conduct its 20th Year CDBG project. L. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Demolition of Esquire Apartments at 73-555 San Gorgonio Way (Contract No. C11620). Rec: By Minute Motion, authorize staff to advertise a request for public bid for demolition services on the subject public nuisance. M. RESOLUTION NO. 96-53, - 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 (July 1996). Rec: Waive further reading and adopt. N. REOUEST FOR APPROPRIATION OF FUNDS for Santa Rosa Country Club Annexation Fees. Rec: By Minute Motion, appropriate $4,000.00 from the unobligated General Reserve Fund to Account No. 110-4111-410-3640 to cover the costs of filing fees for Annexation No. 33 - Santa Rosa Country Club. O. REOUEST FOR APPROVAL of Charitable Contributions/Outside Agencies Committee Recommendations for Funding in Accordance with the 1996/97 Budget. This item was removed from the Agenda for separate discussion under Section IX, Consent Items Held Over, of the Agenda. Please see that section for Council discussion and action. P. REOUEST FOR AWARD OF BID for Grass Seed. Rec: By Minute Motion, award the bid for the purchase of 20,000 pounds of grass seed to High Tech Irrigation, Palm Desert, in the amount of $15,709.95. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Q. REQUEST FOR SUBSTITUTION OF SUBCONTRACTOR for Sidewalk Improvements on San Pasqual Avenue, Portola Avenue, Cook Street, and Hovley Lane East Project (Contract No. C10750, Project No. 699-95). Rec: By Minute Motion: 1) Approve the deletion of Archuleta Concrete from the approved list of subcontractors for the subject project; 2) approve the substitution of A.R. Austin Engineering Concrete Contractors as the subcontractor to replace Archuleta Concrete to perform the concrete work for the project. R. BEQUEST FOR APPROVAL of Utilization of County of Riverside Transportation Department for Citywide Street Striping. Rec: By Minute Motion, authorize staff to continue utilizing the County of Riverside Transportation Department for Citywide street striping and authorize an amount not to exceed $100,000 for these services. S. REOUEST FOR APPROVAL of Landscape Architectural Services - Monterey Avenue Bridge at the Whitewater Channel (Contract No. C11740). This item was removed from the Agenda for separate discussion under Section IX, Consent Items Held Over, of the Agenda. Please see that section for Council discussion and action. Ti. REOUEST FOB. APPROVAL of Change Order No. 1 to the Palm Desert Historical Fire Station Improvements Project (Contract No. C10760 - Project No. 678-95). Rec: By Minute Motion: 1) Approve Change Order No. 1 to the subject contract for the additional construction bid items required for the completion of the parking lot and pedestrian areas of the Palm Desert Historical Fire Station in the amount of $2,095.00; 2) authorize the transfer of $1,234.50 from contingency to base; 3) appropriate $860.50 from Project account No. 231-4275-422-4001. T2. REOUEST FOR APPROVAL of Change Order No. 3 to Contract No. C09700 - Monterey Avenue Bridge at the Whitewater Channel (Project No. 696-95). Rec: By Minute Motion: 1) Approve Change Order No. 3 in the amount of $47,562.86; 2) authorize the transfer of $47,562.86 from contingency to the project account. T3. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C10420 - Monterey Avenue at Park View Drive Intersection Improvements (Project No. 571-95). Rec: By Minute Motion, approve Change Order No. 1 in the amount of $1,424.00 and authorize the transfer of $1,424.00 from contingency to base. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * T4. REOUEST FOR APPROVAL of Change Order No. 1 to Contract No. C11230 - Cahuilla Park Tennis Court Lighting Retrofit Project. Rec: By Minute Motion: 1) Approve Change Order No. 1 to the subject contract in the amount of $780.00 2) authorize the appropriation of $780.00 from the Parks & Recreation Fund 233 to the Project Account No. 430-4669-433-4001. U1. REOUEST FOR ACCEPTANCE OF WORK for Contract No. C 10000 - Fred Waring Drive and Portola Avenue Intersection Improvements (Project No. 636-95). Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion for the subject project. U2. REOUEST FOR ACCEPTANCE OF WORK for Contract No. C10102 - Fire Station #33, Above Ground Fuel Storage Tank and Installation (Project No. 683-96). Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion for the installation of a 1000 gallon above ground fuel storage tank at Fire Station #33, Town Center. U3. REOUEST FOR ACCEPTANCE OF WORK for Contract No. C10101 - Fire Station #33 Underground Storage Tank Removal (Project 692-96). Rec: By Minute Motion authorize the City Clerk to file a Notice of Completion on the Fire Station #33 Underground Storage Tank (UST) Removal project. V. REOUEST FOR APPROVAL of Contract with Pyro-Spectaculars to Produce a Summer Concert Fireworks Finale (Contract No. C11750). Rec: By Minute Motion, authorize the Mayor to enter into a contract with Pyro- Spectaculars to produce a summer concert fireworks finale on September 19, 1996, in an amount not to exceed $4,000. W. REQUEST FOR APPROVAL of Amendment to Investment Policy. This item was removed from the Agenda for separate discussion under Section IX, Consent Items Held Over, of the Agenda. Please see that section for Council discussion and action. X. REOUEST FOR CONSIDERATION of Application for Inclusion in the Riverside County Recycling Market Development Zone. Rec: Waive further reading and adopt Resolution No. 96-54, requesting inclusion of certain areas of Palm Desert in the Riverside County Recycling Market Development Zone. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilmember Benson stated that she would ABSTAIN from voting on Item A of the Consent Calendar inasmuch as she was not present at that meeting. Councilman Spiegel removed Items I, 0, S, and W for separate discussion under Section IX, Consent Items Held Over, of the Agenda. Councilman Crites stated that he would also ABSTAIN from voting on Item A as he was not present at that meeting. He also removed Item V for separate discussion. Upon motion by Crites, second by Spiegel, the remainder of the Consent Calendar was approved by unanimous vote of the Council, with Benson and Crites ABSTAINING on Item A. VII. RESOLUTIONS A. RESOLUTION NO. 96-55 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 96-47, SECTION I, SALARY SCHEDULE, RANGES AND ALLOCATED CLASSIFICATIONS, AND SECTION II, EXEMPT PERSONNEL, RELATING TO THE POSITION OF DIRECTOR OF BUILDING AND SAFETY AND DIRECTOR OF COMMUNITY AFFAIRS/CITY CLERK. Mr. Diaz noted the report in the packets and offered to answer any questions. Councilman Spiegel moved to waive further reading and adopt Resolution No. 96-55. Motion was seconded by Crites and carried by unanimous vote. VIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 811 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE NO. 651 AND ORDINANCE NO. 712 AND AMENDING SECTION 10.36.010 OF THE MUNICIPAL CODE RELATIVE TO ESTABLISHING SPEED ZONES (42nd Avenue from Cook Street to the west end; Corporate Way from Hovley Lane East to 42nd Avenue; Sheryl Avenue east of Cook Street). Mr. Folkers stated that no changes had been made to this ordinance since its introduction, and he recommended adoption. Upon question by Councilman Crites, he stated that this would not affect Hovley Lane east between Water Way and Eldorado. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly moved to waive further reading and adopt Ordinance No. $l. Motion was seconded by Spiegel and carried by unanimous vote. IX. CONSENT ITEMS HELD OVER I. REOUEST FOR EXTENSION of Coachella Valley Mountains Conservancy Promissory Note. Councilman Spiegel stated that the second paragraph of the letter from the Conservancy discussed repayment to the City, and he asked whether staff had that assurance. Councilman Crites noted that funds were allocated by the U.S. Congress to the Bureau of Land Management, and the City continues to receive its interest on the Certificate of Deposit up to the date it is repaid. Mr. Gibson added that Ms. Barrows of the Conservancy indicated September 25th was the date this should be done. Councilman Spiegel moved to, by Minute Motion, approve the request for extension of the promissory note term until December 31, 1996. Motion was seconded by Kelly and carried by unanimous vote. O. REQUEST FOR APPROVAL of Charitable Contributions/Outside Agencies Committee Recommendations for Funding in Accordance with the 1996/97 Budget. Councilman Spiegel stated that staffs recommendation included a contribution of $2,500 to the Children's Discovery Museum, and he asked how much other cities in the Valley were donating to this museum. Councilmember Benson stated that this was for a special program the Museum put on during the summer at the Palm Desert Town Center for children. Councilman Spiegel also questioned the difference in the contribution to the Chamber of Commerce and asked why it had gone from $93,000 last year to $120,800 this year. Mr. Gibson responded that part of the extra cost was for postage, part for a new computer system, and the rest for increased salaries and benefits. Councilmember Benson added that this amount was actually 10% less than the amount requested by the Chamber. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Spiegel moved to, by Minute Motion, approve the Charitable Contributions/Outside Agencies Committee recommendations for funding in accordance with the 1996/97 budget and authorize the Mayor to execute agreements between the City and the following agencies: 1) Palm Desert Chamber of Commerce ($120,800.00 - Contract No. C11630); 2) Family YMCA of the Desert ($60,000.00 - Contract No. C 11640); 3) Historical Society of Palm Desert ($10, 600.00 - Contract No. C 11650); 4) Food In Need of Distribution ($10,000.00 - Contract No. C11660); 5) Desert Aids Project ($10,000.00 - Contract No. C 11670); 6) Humane Society of the Desert ($9,825.00 - Contract No. C11680); 7) C.V. Mountains Conservancy ($5,000.00 - Contract No. C11690); 8) C.V. Trails Council ($3,500.00 - Contract No. C11700); 9) Palm Desert Aquatics ($3,000.00 - Contract No. C11710); 10) Children's Discovery Museum ($2,500.00 - Contract No. C11720); 11) The Living Desert ($1,831.00 - Contract No. C11730). Motion was seconded by Kelly and carried by unanimous vote. S. REOUEST FOR APPROVAL of Landscape Architectural Services - Monterey Avenue Bridge at the Whitewater Channel (Contract No. C11740). Councilman Spiegel stated that the $8,150.00 contract was to take care of both the Palm Desert and Rancho Mirage sides of the Channel, and he asked whether the City of Rancho Mirage was contributing funds to this contract. Mr. Folkers responded that the City of Palm Desert was the lead agency on this project and would be reimbursed. Councilman Spiegel moved to, by Minute Motion, authorize the Mayor to execute an agreement in the amount of $8,150.00 with Ray Lopez Associates for landscape architectural services. Motion was seconded by Kelly and carried by unanimous vote. V. REOUEST FOR APPROVAL of Contract with Pyro-Spectaculars to Produce a Summer Concert Fireworks Finale (Contract No. C11750). Councilman Crites asked whether this fireworks display would comply with the City's park noise ordinance, and Mr. Diaz responded that it would. Councilman Crites moved to, by Minute Motion, authorize the Mayor to enter into a contract with Pyro-Spectaculars to produce a summer concert fireworks finale on September 19, 1996, in an amount not to exceed $4,000. Motion was seconded by Kelly and carried by unanimous vote. W. REOUEST FOR APPROVAL of Amendment to Investment Policy. Councilman Spiegel questioned the advantage of this amendment. Mr. Gibson responded that the main reason was that funds the City has for bond proceeds will be invested over a period of time, and the City needs to have a mechanism to sweep those funds into. Upon question by Councilman Spiegel as to whether this will provide a better interest rate, Mr. Gibson responded that it would be better than banks were offering for checking accounts, and right now it was approximately five percent. 9 1VNNUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Spiegel moved to, by Minute Motion, approve an amendment to the current City of Palm Desert/Palm Desert Redevelopment Agency Investment Policy allowing the limit of the current normal operating portfolio percentage investment in mutual funds be increased from the present Fifteen Percent (15%) to Twenty Percent (20%) and remove the limit on bond proceeds investment in mutual funds effective immediately per California Government Code Sections 53601 and 53605. This amendment would remain in effect until annual investment policy review in January 1997, then subject to the recommendations of the review. Motion was seconded by Crites and carried by unanimous vote. R. NEW BUSINESS A. PRESENTATION BY DONNA KLARIN OF COACHELLA VALLEY FAMILY NEWS RELATIVE TO CREATION OF A "FAMILY GUIDE" FOR THE COACHELLA VALLEY. Ms. Klarin addressed Council as the publisher of the Coachella Valley Family News and distributed copies of the publication to the Councilmembers. She said she was proposing to promote the Coachella Valley and the City of Palm Desert in a Valley -wide directory showing the wonderful quality of life in the Valley. She said this would complement existing directories and would bring people to the Coachella Valley. She also distributed copies of a natural science collaborative of the desert which was put together by 40 natural science entities in the Valley. She said this would go to every educator in the Valley as well as every City Council, school teacher, etc. She noted that 4,000 copies had been printed and would begin distribution on Monday. She stated that another publication being distributed was an annual guide relative to the expo at the Palm Desert Town Center showcasing approximately 80 education -oriented exhibitors and providing educational opportunities to all segments of the Valley. She noted that the Coachella Valley Family News was published five times per year and included hiking and biking calendars, museum attractions, and activities in the Valley. While all of these were good publications, she said they did not represent a family guide for the Valley, and her intent was to publish a slick, great looking directory for that purpose. She asked that the City participate by purchasing an advertisement in the directory. Councilman Spiegel suggested that this matter be referred to the Promotion Committee with the stipulation that if it agrees, the Council would approve the request. Mrs. Gilligan noted that the next meeting of the Promotion Committee was scheduled for September 17th, and if Council approves this request, $1,000 would need to be appropriated. Councilman Spiegel moved to, by Minute Motion, defer this matter to the Promotion Committee with the stipulation that if it approves the request, Council would also approve the request and agreed to appropriate $1,000.00 for same. Motion was seconded by Benson and carried by unanimous vote. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. JRESENTATION CONCERNING REHABILITATION OF PALM DESERT HIGH SCHOOL LANDSCAPING. MR. VINCE DOWNEY, new Principal of Palm Desert High School, addressed the Council and stated that he was very sad about the condition of the High School and felt that his first job was to make that campus look 100% better. He said he had received approximately $30,000 from the Desert Sands Unified School District and had used that money to put in approximately $15,000 worth of cement by the gymnasium and purchased 4500 square feet of sod for a quad area. He said he had also had desert landscaping installed in the senior quad. He said he felt it was important to make the campus a lower maintenance area and that the 37 trees, grass, and flower beds were very high maintenance. He said he had come to the City to ask for assistance and noted that the City's Landscape Specialist, Eric Johnson, had been at the campus and would make sure everything was done to the City's satisfaction. MS. AMY SWAN DRAPER, Board Member of the Desert Sands Unified School District, said she was present to offer moral support on behalf of the District. She introduced Ms. Charlene Timilione, Assistant Superintendent of Business and offered to answer any questions. Mr. Downey showed slides of the school, including areas that needed to be tended to. He introduced parent Gary Lohman and said they had involved several students in taking pictures, working at the school to improve conditions, etc. Mayor Snyder stated that the City approved of the measures being taken by Mr. Downey at the High School. Upon question by Councilman Spiegel, Mr. Ortega noted that the Redevelopment Agency, as part of the pass through agreement with the schools, would be spending $400,000 to improve the Sports Complex portion adjacent to the High School and that this project was still in the design phase to determine costs and what will be done. Councilman Spiegel asked whether those funds could be used for anything else. Mr. Drell responded that once the costs and priorities are determined, they will be compared with where we can spend money at the High School. Councilman Spiegel suggested that Mr. Downey be involved in those discussions. He asked Mr. Downey if he planned to make major changes inside the school and if he would be bringing back lockers. Mr. Downey stated he would be making major changes but would not be bringing back lockers. Upon further question by Councilman Spiegel as to security assistance from the Police Department, he stated that Resource Officer Armando Munoz and Deputy Mark Barfnecht of the Sheriff's Department were great. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites suggested that the City Manager's Office, Planning Department, and Landscape Specialist Eric Johnson come back at the earliest appropriate time with suggestions as to what is appropriate and reasonable for the City to do to assist the District. Councilmember Benson stated that she had gone with Mr. Drell and Mr. Diaz to visit the High School, and you could not tell that it was an operating school. She said it was a disgrace what had happened to the facility and that it looked like a school that had been built and had then run out of money. She said she felt Mr. Downey was remarkable, with his enthusiasm and excitement. She said it was also suggested that the students work with the Civic Arts Committee to put art on the campus because there is a lot of room to put murals out there, and this would give them some pride of ownership of their school. Councilman Crites stated he felt we should also look at visiting with The Living Desert and that some of the issues, such as plans for landscaping, could be educational as well as functional. Mr. Diaz stated that several meetings had already been held with Mr. Downey and that staff would continue along those lines and come back with a full report and program. Councilman Kelly expressed concern with the hours and said he had an exchange student at the High School who came home shortly after 1:00 p.m. finished with school for the day. He said he noticed that Mr. Downey was going to go back to six periods per day at the High School. Mr. Downey responded that parents send their kids to school from 7:50 a.m. to 2:35 p.m. every day. C. REOUEST FOR APPROVAL OF CONTRACT WITH PUBLICITY UNLIMITED FOR ADVERTISING SERVICES FOR THE CITY OF PALM DESERT THROUGH FISCAL YEAR 1996/97. Mr. Diaz noted the report in the packets and offered to answer any questions. Councilman Crites moved to, by Minute Motion, approve Contract No. C11760 with Publicity Unlimited for advertising services and authorize the Mayor to execute same effective September 6, 1996, contingent upon concurrence of the Promotion Committee when it meets on September 17, 1996. Motion was seconded by Spiegel and carried by unanimous vote. D. REOUEST FOR APPROVAL OF VARIOUS ACTIONS WITH REGARD TO THE PORTOLA COMMUNITY CENTER (FORMERLY PORTOLA LIBRARY). Mr. Conlon noted that Robert Ritchey, architect for this project, was available to answer any questions regarding the scope of work. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites expressed concern that if someone calls or walks in, there will be someone there to assist them who has been there for a while. He said he did not feel there should be a temporary employee in that position who will not have long-term knowledge, skills, or allegiance to that position. Mr. Wohlmuth stated that staff could request a temporary person through an agency, and that person would be available for a long term. He added that staff was comparing costs between a temporary person and the current management group, Mason & Mason. Councilman Spiegel asked if this would be a full time position, and Mr. Wohlmuth responded that there would be an ad run through a temporary agency for one individual for a year long position. Councilman Kelly expressed concern that when we use temporary services, they are not being used as they were meant to be, and he did not want the City to be accused of trying to get around its responsibilities of providing health and retirement benefits. He said the City had had situations where it was sued by contract employees because those benefits were not provided, and he said he would be opposed to going through a temporary agency for this position. He added that he felt that position should be staffed by a City employee. Councilmember Benson stated that as mentioned by Mr. Wohlmuth, when the contract came in from Mason & Mason, the committee looked at it, and the rates were astronomical. She said the position did not have to be temporary employment and could be a part time job through the City. Councilman Crites stated that he felt if someone is hired to sit at the front desk, that person will end up doing most of the work that would be done by Mason & Mason, and he did not feel that money should be spent. Councilmember Benson suggested removing the item relative to the property maintenance contract from the approval and bring this matter back to the committee to consider what would be the best way to get the job done. She said the main thing to do at this point was to get the building done. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Spiegel moved to, by Minute Motion: 1) Approve Contract No. C11590 with Diamond Construction Company in the amount of $192,177.00 and authorize the Director of Finance to appropriate from unallocated construction tax funds the amount of $221,003.55 which includes a 15% contingency for the above construction contract; 2) approve Contract No. C 11770 with Protection Services Industries (PSI) in the amount of $9,383.17 for installation of the fire protection and security system and authorize the Director of Finance to appropriate from unallocated construction tax funds the amount of $10,321.49 which includes a 10% contingency; 3) approve Contract No. C11780 with the Coachella Valley Water District in the amount of $20,275.00 to facilitate the sewer connection, installation of sewer lateral in Portola Avenue, and the four inch fire sprinkler service water line and authorize the Director of Finance to appropriate from unallocated construction tax funds the amount of $22,302.00 which includes a 10% contingency; 4) refer the Property Maintenance Contract issue to the committee for review and recommendation. Motion was seconded by Benson and carried by unanimous vote. E. REOUEST FOR APPROVAL OF CONTRACT FOR PRODUCTION OF THE CITY'S 1997 COMMUNITY CALENDAR (Contract No. C11340). Mr. Diaz noted the report in the packets and stated that Mr. McAllister was available to answer any questions. Councilman Kelly moved to, by Minute Motion: 1) Award Contract No. C11340 in the amount of $32,521.13 to Multi -Media Advertising for production of the City's 1997 Community Calendar; 2) authorize the appropriation of $2,250.00 from the Unobligated Reserve to Prof -Community Calendar Account No. 110-4416-414-3091. Motion was seconded by Spiegel and carried by unanimous vote. F. REOUEST FOR APPROVAL OF CONTINENTAL CABLEVISION, INC. TRANSFER OF OWNERSHIP. Mr. Diaz noted the report in the packets and stated that Mr. Ray Janes was available to answer any questions. Councilman Spiegel moved to, by Minute Motion: 1) Approve the transfer of ownership from Continental Cablevision, Inc. to U.S. West, Inc.; 2) request that Continental Cablevision, Inc. reimburse the City of Palm Desert $900.00 to pay for the review of the transfer documents by Telecommunications Management Corporation (TMC). Motion was seconded by Crites and carried by unanimous vote. G. CONSIDERATION OF REVIEW OF CUP 91-9, CONDITIONAL USE PERMIT FOR RESTAURANTS AT THE NORTHEAST CORNER OF HIGHWAY 111 AND PORTOLA (RUTH'S CHRIS STEAK HOUSE AND TSING TAO). Mr. Drell reviewed the staff report, noting that there was an existing conditional use permit for these restaurants at the corner of Highway 111 and Portola Avenue. There had been many complaints over the years from residents adjacent to the parking lot, and staff had been attempting to deal with those complaints, specifically through the regulation of valet parking, and succeeded in getting the previous valet parking company removed and a new valet 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * parking service employed. However, according to residents, there were still problems. He noted the conditional use permit contained provisions for review if impacts from the restaurants were continuing on the adjacent residences. He said the conditional use permit section of the Zoning Ordinance provides for the review and possible suspension of conditional use permits, and staff had determined that there was sufficient evidence to warrant institution of that process. Staff recommended that the process be initiated and a Planning Commission hearing be set for November 19, 1996. He said courses of action for the City were significantly serious that we need objective information from an acoustical engineer to document the extent of the problem, whether there are physical mitigations to the problem, whether there are just behavioral problems on the part of people, etc. Councilman Crites asked what would happen if the data were not there when the acoustical engineer was there. Mr. Drell responded that staff was proposing that the acoustical engineer be there at two separate times during the period for the entire evening hours for three days which we know to be the peak periods. He said they would be setting their listening devices and monitoring them, noting what the causes of the sounds are, etc. The City's Code Enforcement Officers would also be out there observing. Upon concern by Councilman Crites, Mr. Drell stated that the applicant would not be informed as to when these sound studies would occur. Councilman Crites asked whether the City's code addressed not only volume but acceleration of noise. Mr. Drell responded that it would measure obtrusive noise which constitutes a nuisance. He said the acoustics engineer would also require the cooperation of the residents, since the sounds would be measured in their yards and in their homes if the consent. Mr. Drell stated that although he requested $15,000, he had already requested some proposals, and it would probably be less than $10,000. Councilmember Benson said she felt the City needed to review the issue of applicants using adjacent parking lots and neighborhoods to meet the parking requirements. She said she felt this was something that needed to be looked at when approving conditional use permits or buildings and require the parking where it is supposed to be, not down the block and in someone's back yard as has happened in this instance. She said if the City is going to continue allowing people to borrow parking, we might as well throw out the parldng ordinance and tell them to park wherever they want to. Councilman Spiegel moved to, by Minute Motion: 1) Initiate a formal review of CUP 91-9 by setting a public hearing before Planning Commission on November 5, 1996, authorize staff to retain acoustical engineers to conduct a noise study (not to exceed $15,000) to objectively measure noise impacts on adjacent residences and recommend mitigation; 2) appropriate $15,000 from unobligated general fund reserves for said purpose. Motion was seconded by Crites and carried by unanimous vote. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * H. CONSIDERATION OF AN APPEAL TO A DECISION OF THE ARCHITECTURAL REVIEW COMMISSION DENYING AN APPLICATION FOR APPROVAL OF A FREESTANDING MONUMENT SIGN AT 73-850 HIGHWAY 111, Case No. 4666SA (Reofine Neon for Columbia Center, Applicant). Councilman Crites noted that a letter had been received requesting that this matter be removed from the Agenda. Councilman Crites moved to continue this matter to an indefinite time. Motion was seconded by Spiegel and carried by unanimous vote. I. INFORMATIONAL ITEMS: 1. Fuel Ce11 Project Update - Results of DOE Annual Review of Hydrogen Programs. Mr. Shillcock reviewed the report and noted that the first vehicle in the fleet would be delivered on September 3, 1996, for testing. 2. 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 these projects. XI. CONTINUED BUSINESS None XII. OLD BUSINESS A. $EOUEST FOR CONSIDERATION OF RIVERSIDE COUNTY WASTE RESOURCES MANAGEMENT DISTRICT'S (RCWRMD) REDUCTION OF LANDFILL TIPPING FEE FROM $38.50 TO $30.00 PER TON. Ms. Constande reviewed the staff report, noting that the Cities of Indio and Coachella had indicated they had an agreement whereby both cities would pursue a transfer station, and whichever city gets it off the ground first, the other will cease pursuing the station and join the first. She said staff was recommending that the Council take the $8.50 per ton reduction in tipping fee and place it in a special fund in the Finance Department to be held until the Council determines long-range plans for trash. Staff was also recommending that the waste increase for residential trash customers be subsidized by the City (at a cost of approximately 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * $700 per month) because rate cards were recently sent out to residents, and staff did not want to send new rate cards at this time. Councilman Kelly asked if he understood the proposed commercial rate structure correctly that the cost for a two yard bin collected once a week would be $60.00, and Ms. Constande stated that this was correct. Councilman Spiegel asked if staff was recommending that the increased rate be subsidized from the $8.50 per ton reduction, with the remainder of those funds going to the Finance Department to hold. Ms. Constande agreed. Councilman Crites moved to: 1) Waive further reading and adopt Resolution No. 96-56 authorizing the following: a) adoption of the new solid waste collection and residential recycling service rate structure submitted by Waste Management of the Desert (Exhibit "A"); b) rescission of Resolution No. 94-56 pertaining to the RCWRMD's landfill tipping fee increase and the solid waste collection and residential recycling service charge increase, respectively; 2) by Minute Motion, direct the City's franchised waste hauler, Waste Management of the Desert, to remit funds collected under the RCWRMD's landfill tipping fee reduction to the City for deposit in a special fund entitled "Waste and Recycling Fee". Motion was seconded by Spiegel and carried by unanimous vote. Councilman Crites moved to add a condition to instruct staff, as they continue to be part of the MRF task force, to also investigate other transfer station/MRF options considered by other cities in the Valley as well as considered by the County of Riverside. Motion was seconded by Spiegel and carried by unanimous vote. B. REOUEST FOR CONSIDERATION OF SCHOOL AREA TRAFFIC MANAGEMENT PLAN AT LINCOLN SCHOOL/PALM DESERT MIDDLE SCHOOL. Mr. Folkers reviewed the staff report, noting that thus far staff had not received any calls in opposition nor any written opposition to this plan. Staffs recommendation was to proceed with this plan. Upon question by Councilman Crites, Mr. Folkers responded that staff had been meeting with representatives of the PTA since last fall. Councilman Crites noted that there was nothing in the report indicating the approval of the PTA. Mr. Mark Greenwood, Transportation Engineer, stated that he had met with PTA representatives and that those representatives did support this plan. Councilman Spiegel moved to, by Minute Motion, approve the recommendations in the staff report with the stipulation that these recommendations would be reconsidered if there are problem. Motion was seconded by Snyder and carried by a 4-0-1 vote, with Councilman Crites voting NO. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. CONSIDERATIQN OF REDUCTION OF SPEED LIMIT TO 40 MILES PER HOUR ON FRED WARING DRIVE. Mr. Folkers reviewed the staff report and offered to answer any questions. Councilman Crites moved to waive further reading and pass Ordinance No. 812 to second reading, amending Section 10.36.101 of the Municipal Code to provide a 40 miles per hour speed limit for Fred Waring Drive. Motion was seconded by Spiegel and carried by unanimous vote. XIII. REPORTS AND REMARKS A. CITY MANAGER 1. Mr. Diaz an item which had come up after the Agenda was posted. He said the County Supervisorial Committee for Supervisorial District 4 relative to the Library passed a motion last Friday establishing two committees, one composed of one elected representative from each city, school board, and the County Superintendent of Schools, with the second committee being a citizens' working committee composed of representatives from each city that make up the County Library Advisory Committee, which in Palm Desert's case would be Mrs. Ella Manor. He said there was division on that recommendation concerning the presence of representatives from the independent library cities (Rancho Mirage and Palm Springs). The issue was should those representatives from those communities be allowed on the committees or should they not. The resulting motion was that they should not at this point, and at the first meeting of the committee of elected officials, they would decide if they wanted to have the elected officials from the independent cities be a part of the program. Councilman Crites stated that the County Supervisor has engaged in further consideration on this matter and is happy to appoint members from the Cities of Rancho Mirage and Palm Springs to join the committee as non -voting members. Mr. Diaz stated that a member of the Council needed to be appointed to the zone change board of elected officials. Councilman Crites stated that Councilmember Benson was already serving on some library issues with the City Library Committee, and he moved to appoint her to represent the City of Palm Desert in this matter. Motion was seconded by Spiegel and carried by unanimous vote. 2. Mr. Diaz noted that today was City Clerk Sheila Gilligan's birthday and that she had never missed a Council meeting that occurred on her birthday. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CITY ATTORNEY Mr. Erwin requested a Closed Session at an appropriate time to consider items listed on the Agenda. 1) Report and Action on Items from Closed Session Made at This Meeting. None 2) Request for Closed Session, Conference with Legal Counsel - Existing Litigation pursuant to Section 54956.9(a): a) City of Palm Desert v. Western Waste, Riverside County Superior Court, Case No. 090744 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: 4 Initiation of litigation pursuant to subdivision (c): Number of potential cases: 1 Public Employee Performance Evaluation pursuant to Section 54957 Title of Positions: 1) Risk Manager; 2) Director of Code Compliance C. CITY CLERK None D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: 1. Discussion Relative to Economic Development Strategy (Councilman Buford A. Crites). Councilman Crites stated that Mr. Shillcock had advised that the Council would be looking at this item at its first meeting in September and that he would wait until that time to discuss the matter. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2. Discussion of U.S. Postal Service Changes to Postmark for Coachella Valley (Councilman Buford A. Crites). Councilman Crites said he and Councilmember Benson had discussed this issue. He noted that the City of Palm Springs wanted to change the postmark for the Coachella Valley to reflect Palm Springs. He said he did not feel this was the Palm Springs Resort Valley and that such a name would not represent the entire Valley. He said he was not supportive of putting that as the postmark for the entire Coachella Valley. Councilman Spiegel asked if they had been turned down. Councilmember Benson responded that as of September 1 it had not come to the CVB Board. She said it was a Palm Springs initiated remark and was not on the CVB Board to recommend it. o City Council C4mmittee Reports: I. Councilman Crites stated that he had an opportunity to go with Supervisor Roy Wilson to Riverside and that Supervisor Wilson asked him to join five other members on a task force to review the Air Quality Management Plan. The next four weeks will be spent looking at it to make sure Los Angeles' gain is not at the expense of the Coachella Valley. He asked that any Council input be given to him. 2. Councilman Spiegel stated that he had just recently received information from the California Wellness Foundation relative to its award of ten grants of $500,000 each for computers and teachers for low and moderate income families. He asked that the City Manager direct staff, possibly Mr. Janes, to look into this grant program. He said there would be meetings on how to apply for the grants and that it would be a good opportunity to train low and moderate income families on how to use computers. 3. Councilman Spiegel stated that he had discussed with the Police Department what their plans were for when the lights went out. He said it was his understanding that the City really did not have a plan for stop lights, when City Hall needs to be opened up, what responsibilities the City has to its citizens, etc. He suggested that a task force be set up to review the emergency plan. In addition, he said he did not have telephone numbers of employees to contact in an emergency, and he asked that staff prepare a laminated card with numbers of all department heads and Councilmembers for him to carry in his wallet. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Diaz stated that staff was in the process of critiquing actions taken during the recent blackout and that a report would be prepared for the Council as to what happened. He added that staff would also provide Council with a list of telephone numbers of department heads as well as pager numbers. 4. Councilman Spiegel stated that he had received a letter from a gentleman who wanted to put together a program in the park to highlight artists and let them sell their products there, with half of the proceeds to go to the Rancho Mirage Library. He said this request had not gone through any of the City's committees and that he had given the letter to Councilman Kelly as liaison to the Civic Arts Committee. Mrs. Gilligan stated that the request was to have this program in the park on November 3, 1996. She noted that the gentleman had not yet completed an application and that he had until Friday to do so. She said staff notified him that if he did not have the application submitted to the City by that date, there would not be sufficient time to get it through the proper committees for approval. Councilman Kelly asked if the City would approve a program in its amphitheater for some other city to raise money. Mrs. Gilligan responded that the proceeds would not go to just the Rancho Mirage Library but that half would go to the Palm Desert Library. She added that this would be a stipulation if the request were approved. Mrs. Barbara Bowie, Principal Librarian, noted that the art display currently in the Palm Desert Library was courtesy of Mr. Silva, the gentleman who sent the letter to the City. Because this display had been successful and because he had displays in Rancho Mirage and Cathedral City, he had been talking with the Palm Desert Library in a disorganized manner about doing something Valley -wide. The sale of any materials displayed would go back to each of the libraries. She said Mr. Silva had not yet provided anything in writing to the Library, and the Library had not made any commitments to him. Upon question by Councilmember Benson, Mr. Wohlmuth responded that staff had sent Mr. Silva the rules of the park as well as an application to be completed. He added that the application dictated all the rules of the park. Mayor Snyder suggested that staff wait to see if Mr. Silva completes the application before doing anything further. Council agreed. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XIV. ORAL COMMUNICATIONS - B Mrs. Barbara Bowie, Principal Librarian, noted that there was an article in today's edition of the Palm Desert Post relative to the Palm Desert Library doubling its circulation from July 1995 to July 1996. On behalf of her staff and the citizens of Palm Desert, she thanked the Council and said this would not have been possible without the City's support. Upon motion by Crites, second by Spiegel, and unanimous vote of the City Council, Mayor Snyder adjourned the meeting at 6:00 p.m. to Closed Session. He reconvened the meeting at 7:00 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XVI. ORAL COMMUNICATIONS - C MS. ROSEMARY GONZALES, External Affairs Representative for Imperial Irrigation District, addressed the Council and stated that her major focus would be economic development for the various cities in the Coachella Valley. She offered her assistance and said she could be reached at the Imperial Irrigation District office. She added that she would be contacting the Council some time in the future and that a member of the Board of Directors would be visiting the cities on a weekly basis to get acquainted with the councils and various business leaders throughout the Valley to see what it can do to attract more business to the Valley and retain what we have. XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. Mayor Snyder noted that he had a proclamation for Parents' Day and asked if Mr. Robert Spitz was in the audience. With no one in attendance to accept the proclamation, Mayor Snyder noted that it would be held until the next meeting. B. APPOINTMENTS TO THE PALM DESERT PUBLIC LIBRARY COMM'i 1 Er.. Councilman Crites moved to, by Minute Motion: 1) Appoint Mr. Stuart Smith, Ms. Stephanie Weinberg, Ms. Betty Carapellese, Ms. Ella Manor, Ms. Madelin Ferguson, and Councilmember Jean M. Benson as members of the Palm Desert Public Library Committee; 2) direct the City Manager to appoint Ms. Barbara Bowie as ex-officio member and Director of Community Affairs/City Clerk Sheila Gilligan as staff liaison to this committee. Motion was seconded by Kelly and carried by unanimous vote. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVIII. PUBLIC HEARINGS A. CONSIDERATION OF APPROVAL OF A CHANGE OF ZONE FROM PC(4) RESORT COMMERCIAL TO PC(2) DISTRICT COMMERCIAL AND APPROVAL OF A PRECISE PLAN OF DESIGN FOR A 9200 SQUARE FOOT RETAIL COMMERCIAL CENTER ON THE NORTH SIDE OF HIGHWAY 111 APPROXIMATELY 505 FEET EAST OF DEEP CANYON ROAD, LOCATED BETWEEN THE NEW LUCKY SITE AND EMBASSY SUITES, Case Nos. C/Z 96-4 and PP 96-6 (Real Property Associates, Applicant). Mr. Drell reviewed the staff report, noting that the project involves a remnant undeveloped parcel within the Deep Canyon/Highway 111 Lucky's project site which the original developer was unable to acquire. Councilmember Benson expressed concern with the backs of the buildings as seen from Deep Canyon and Highway 111. Mr. Diaz responded that staff would bring back a report to the Council after the Architectural Review Commission meets to review this project. Councilman Spiegel stated he felt approval should be obtained from Embassy Suites. Mayor Snyder declared the public hearing open and invited testimony in FAVOR of this request. MR. ROB SANDFORD, Real Property Associates, Applicant, offered to answer any questions. He reviewed the elevations and stated that the backs of the buildings would not be seen from Highway 111 westbound because it is blocked to a large degree by Embassy Suites. With regard to the east elevation, he said the Architectural Review Commission had approved a more detailed plan with additional architecture, and it now looked like a building that could be freestanding. Councilman Spiegel expressed concern that although the building would not be seen from Highway 111 because of Embassy Suites, the people staying at Embassy Suites would see the back of the buildings. Mr. Sandford responded that there were no windows on the south side of Embassy Suites over on the west side. In addition, he said there was a lot of seasoned landscaping in there now on the Embassy Suites side. He said he was very confident that what is now shown on the east elevation will be satisfactory, and they were prepared to do more if necessary. Councilmember Benson stated that in looking at the elevations provided to the Council, it appeared that there were individual stores on the east side. Mr. Drell stated that the elevations the Council had were the ones he was supplied with to distribute. He said he would include in the conditions that the Architectural Review Commission be directed to restudy those rear elevations. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Erwin suggested that because ordinances take two readings, the resolution approving the precise plan be held until the next meeting when the ordinance will be adopted. Councilman Crites added that this way when the ordinance approving the zone change comes back for adoption, the applicant could then have the proper renderings before the Council, and the Council could act on the resolution at that time. Mr. Sandford stated that because Lucky was supportive in working with him to totally integrate the site, he agreed to try to have this building in a position to start construction and be done so that as the season came into play, there would be no construction going on when Lucky opens. He added that plans were being sent overnight mail to both Building & Safety and Public Works with checks to begin the plan check process tomorrow so he could pull permits by October 1 and have it open in January. He said he was willing to do anything reasonable the City wants him to do but did not want that held up if possible. Mr. Drell stated that any changes were cosmetic changes to the elevation. He said if the applicant wanted to take the risk of submitting the plans and paying the fees for the building permits, he could do so and start the plan check process. He said basically the applicant had made changes on the working drawings in response to the Architectural Review Commission that are not reflected on the preliminary elevations given to the City. He said unfortunately, staff had not seen those yet and needed to do so. He added that it would take at least three weeks. Councilman Spiegel asked how many spaces in the new building had been leased. Mr. Sandford responded that he had more commitments than space available. Mayor Snyder invited testimony in OPPOSITION. None was offered, and he declared the public hearing closed. Councilman Crites moved to: 1) Waive further reading and pass Ordinance No. 113 to second reading, approving C/Z 96-4; 2) hold adoption of Resolution No. 96-57 approving PP 96-6 until the meeting of September 12, 1996. Motion was seconded by Kelly and carried by unanimous vote. 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B-1. CONSIDERATION OF EXTENSION OF MORATORIUM ON ACCEPTANCE OF APPLICATIONS AND THE ISSUANCE OF APPROVALS FOR THE CONSTRUCTION AND DEVELOPMENT OF WIRELESS COMMUNICATION FACILITIES IN THE CITY AND INITIATION OF PROCEEDINGS TO ADOPT AN ORDINANCE TO REGULATE WIRELESS COMMUNICATION FACILITIES IN THE CITY. B-2. REOUEST FOR APPROVAL OF COMMUNICATION TOWERS ABOVE THE HEIGHT LIMIT IN THE ZONES IN WHICH THEY ARE LOCATED, Case Nos. 420C, 422C, and 425C, Pacific Bell Mobile Services, Applicant (Continued from the Meetings of May 23, June 27, and July 11, 1996). NOTE: PUBLIC HEARINGS B-1 AND B-2 WERE CONSIDERED AT THE SAME TIME. Mr. Drell reviewed the staff report and amended ordinance submitted by the City Attorney. He noted that Pacific Bell had submitted a letter dated August 22, 1996 (on file and of record in the City Clerk's Office) expressing concern with the extension of the moratorium and the fact that it would delay inclusion of the City into their network. He noted that an ordinance regulating wireless communication towers, antennas, and other such facilities in the City would be the subject of the zoning ordinance review committee which would be meeting next week. Once a draft is established, a hearing would be set before the Planning Commission first and then the City Council. With regard to public hearing B-2, Mr. Erwin noted that this was a previous application which had been continued to this meeting. He suggested that Council continue it until such time as the draft ordinance is before the City Council for consideration. Mr. Drell noted that he would expect the original application to be withdrawn and resubmitted consistent with the new ordinance. Mayor Snyder declared the public hearing on item B-1 open, noted that the public hearing on Item B-2 was still open, and invited testimony in FAVOR or in OPPOSITION. No testimony was offered, and he declared the public hearing on Item B-1 closed. Councilman Spiegel moved to: 1) Extend the moratorium imposed by Ordinance No. 810 for a period of time not to exceed ten (10) months and fifteen (15) days; 2) by Minute Motion, formally initiate proceedings to adopt an ordinance to regulate wireless communication towers, antennas, and other such facilities in the City and refer same to the Planning Commission for public hearings; 3) continue the public hearing for Pacific Bell Mobile Services until such time as the draft ordinance is before the Council. Motion was seconded by Crites and carried by unanimous vote. 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. REQUEST FOR CONSIDERATION OF AN APPEAL TO A DECISION OF THE PLANNING COMMISSION APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND PRECISE PLAN/CONDITIONAL USE PERMIT REQUEST BY RICK MURO FOR AN 18,489 GROSS SQUARE FOOT, TWO-STORY ATHLETIC CLUB ON THE VACANT PROPERTY AT THE NORTHWEST CORNER OF MONTEREY AVENUE AND FRED WARING DRIVE, ALSO KNOWN AS APN 640-071- 001, 008, AND 009, Case No. PP/CUP 96-5, (City of Palm Desert/City Council Call -Up, Rex McDaniel, Appellants). Mr. Drell reviewed the staff report and offered to answer any questions. He noted that staff was proposing to amend Condition #15 to make the pedestrian gate a subject for study by the Department of Community Development. Upon question by Councilmember Benson, Mr. Drell stated that the Planning Commission vote was 3-2 for approval. Councilman Crites questioned the vacation of streets across from Monterey and asked if that was done because of a new project or because traffic was so heavy it needed to be done. Mr. Drell responded that the closure of Rancho Grande was done with construction of the Palm Desert Town Center, Sonoma was done in conjunction with construction of a project, and those on the east side were done prior to projects going in. Councilman Crites asked why the Conditional Use Permit route was chosen rather than coming in and applying for a zone change. Mr. Drell responded that the applicant was under the gun to come up with something to be approved within a certain time period because he was having to vacate the site he had. Councilman Crites asked whether staff was proposing to get rid of much of Condition #15, and Mr. Drell stated that it would only be the portion dealing with the requirement for electronic card key and pedestrian access. Councilman Kelly expressed concern relative to the bus turnout and the amount of traffic going through the intersection. Mr. Drell responded that there would be a dual bus/right turn lane. With the closure of Acacia, it would become more exclusively a bus turnout. Councilman Kelly asked whether this had been coordinated with Sunline, and Mr. Drell responded that it had been coordinated with Sunline and that there would be a shelter at that location also. Councilmember Benson stated that it was her recollection when the temporary use permit was approved on Portola that it was until the first of October regardless of whether or not there were plans for another location. Mr. Drell stated that he recalled direction to expedite the process. Mayor Snyder declared the public hearing open and invited testimony in FAVOR. MR. RICHARD R. OLIPHANT, 45-500 Navajo Road, Indian Wells, General Partner of Oliphant/Lizza Associates, leaseholder of the property, stated he was representing Mr. Muro 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * at this meeting. He noted that Mr. Muro had accepted conditions placed on the project by the Planning Commission on July 16th. He said he was not here to argue or discuss the blockage of streets because that would be a separate issue; however, members of the Planning Commission had expressed concern that there be some resolution of the street issues. He said there had been long discussions with staff as to interpreting the ordinance and whether or not this club would fall under the categories listed. He said the number of cars in the parking lot at any one time would be relatively small, with approximately 450 students per day in fourteen hours of operation, and there were currently 750 members of the club. With regard to overflow parking, he said 90 was all they could surface park, and they would have to find another location if there were more than 90. He noted that he and Mr. Lizza owned the Darr Center across the street, which would provide an additional 30 spaces, and the schedules of Dr. Darr and Mr. Muro would be compatible to allow this. He added that they did not want the ongoing liability for the wall for the bus stop and that this could be a very serious for a private property owner to have to worry about maintaining the liability of that wall. Councilman Spiegel asked why it was a difficult thing to have a private party be responsible for the wall, and Mr. Oliphant responded that people can climb over it, robbers can go over, people could crash through it, etc. Councilman Crites stated he felt the applicant was wise to abandon the overflow parking. The amount of traffic generated by this is higher than a normal office professional use would be, and it also has a different time flow, with most office professional having little use in the evenings. He noted that the nature of this business was after 5:00 p.m. and until 9:00 p.m. He asked what the applicant had done to mitigate the noise impacts. Mr. Oliphant responded that that would be a design issue, and they were not far enough along to provide specifics as to design. He added that he believed the project would be a buffer for that intersection and did not believe it would add any noise to what already exists. Councilman Crites stated that if the Council said yes to this tonight and the applicant said they would work out in the design process how to tend to the noise, lots of people with good intentions say not to worry about this issue, and then six or nine months later it is there. Mr. Oliphant stated they had no problem with Council adding a condition if it wishes that the project fall within the decibel requirements of the City for that kind of use. Upon question by Councilman Spiegel, Mr. Oliphant responded that the applicant had addressed the lighting issue and that it would be all low lighting, with no high parking lot lighting. With regard to lights from the cars as they pull into the garage to park, he said they were all screened so the lights do not leave the structure. MS. SHARLA TAGAN, Concierge Manager of Indian Wells Resort Hotel in Indian Wells, stated she was in favor of this facility because it is state-of-the-art and because of the services being offered. She felt it would be very beneficial to the community and would provide new jobs. With regard to the parking structure, she said the current facility was sharing a parking lot with customers of Ruths Chris and Tsing Tao, and many times customers are parking 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * along Highway 111. She said this was more than a few disgruntled neighbors about a parking situation, and this happens everywhere in the United States. Councilman Spiegel said he agreed that parking was not adequate where the current facility was located; however, Council did not know this facility was going in. The facility went in overnight and would never have gotten a conditional use permit had it come to the Council first. He added that Council had subsequently approve it on a temporary basis. With regard to the comment relative to disgruntled neighbors, Councilman Crites asked whether Ms. Tagan lived in the neighborhood, and she responded that she did not. The following also spoke in favor of the project: MR. ROB MILLER, 73-840 Calle Biscay, Palm Desert. MR. PAGE QUILLEN, 72-945 Arboleda, asked how many cars the facility was allowed to have. Mr. Drell responded that the City could not control that; however, the City's parking ordinance forecasts how many cars a use will need based on studies, and the forecast for this facility was 124 for the size of the facility. Mr. Quillen stated he felt he had been misled by those who say there will be 400 more cars per day through the neighborhood. MR. DOUG WALL, 43-100 Rutledge, Palm Desert. MS. SARAH CHAMBERLAIN, Resident of Silver Spur Ranch. MR. DICK LEIMKUHLER, 34-year resident and business owner in Palm Desert. MR. GARY CO1T, 37-799 Drexel, Palm Desert, said his interest was to lease the pro shop in this facility. Mayor Snyder invited testimony in OPPOSITION to this request. MR. REX McDANIEL, 72-915 Gloriana, stated that his property abuts the property being discussed. He said his appeal was based on the fact that this use is not in conformance with the zoning ordinance of the City. It is being justified on the basis of this being a professional school; however, the City does not license it as a school, but as an interior athletic facility. He said the parking requirements were based on square footage, whereas a school would have parking based on classroom capacity, and there are no classroom facilities. He said the facility does not fit in with the zoning and is not compatible with the surrounding neighborhood. He urged the Council to deny the project. 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * The following also spoke in opposition to this project: MR. DAVID MIDDLETON, 72-799 Arboleda Drive, Palm Desert, said the Planning Commission did not take into account the negative impact on those living in the area. MR. PATRICK MICHEAU, 43-663 Acacia, Palm Desert. MRS. DAWN MICHEAU, 43-663 Acacia, Palm Desert, asked what time they could start work, and Mr. Folkers responded that it was 6:00 a.m. in the summertime and 7:00 a.m. in the winter. Mrs. Micheau stated she felt the facility should be put in a commercial area, not in a residential. Councilman Crites added that no matter where they build and no matter what is built, they are allowed to start work at the same time. MS. DIANA LAMAR, 43-827 Acacia Drive, said she agreed Mr. Muro probably had a great fitness center; however, there was adequate space already existing at the 111 Town Center and Town Center Plaza where this facility could be located. She also asked whether income from the facility would be sufficient to cover repair of streets since the increased traffic would tear them up. MS. GAYLFFN PERCIVAL, 43-795 Acacia Drive, said she would love to have a fitness center in Palm Desert, but not on this corner because it was not compatible due to noise, traffic, etc. MR. EDWARD LARIOS, 72-900 Gloriana. MS. SHARI HOWARD, 43-866 Adonis Drive. Mayor Snyder declared the public hearing closed. Councilman Spiegel stated he did not disagree that Mr. Muro runs a fine health club. He noted that a while back Walmart wanted to put a store at Monterey and Country Club and give the City $2 million to improve infrastructure; however, people who lived in the area said they did not want such a store there, and it did not happen. When Lucky came to the City, they did their homework ahead of time and met with the adjacent residents who were concerned with light, noise, etc. and corrected these problems before coming to the City. When Council was concerned with what would happen with the old Lucky store, they agreed to put of $500,000 that they would not vacate their old store until it was re -leased. He said there were areas that needed to be addressed, including the streets and the zoning. He added that if there was a pro shop in this facility selling merchandise, that is not office professional as far as he is concerned. He said we need to relook at the Office Professional zoning so that if it is a commercial enterprise, it should then be judged a commercial enterprise. With regard to the club itself, he said there were spaces available in the City. He said that because of the number of people in the community opposed to this facility, he could not vote for it. 29 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites stated that he wanted to have the air cleared in terms of the fact that people in this community did not have anything to do with Mr. Muro's choice to move off of El Paseo, didn't have anything to do with what did or did not happen to him in terms of his lease negotiations at 111 Town Center, didn't have anything to do with his move to the existing facility on the corner of Portola and Highway 111 and the lack of a permit, etc. He said we did not place the applicant in those positions. The strict reading of the law would have unplaced him within 3 days, but the Council felt this would not be fair, and Mr. Muro was allowed to find a place that is legal and would fit. With regard to empty buildings, he said the California State law was clear that if someone wants to build a building and it is legal, that person has the right to build the building even if there are others that are empty. The Council cannot approve or disapprove a development based on the vacancy rate. With regard to street closures, he said he did not hear agreement from residents relative to whether or not Acacia should be closed off, and he felt it was necessary to sit down and decide what to do about those streets as a community. He said the architecture of the building was not his favorite style, but that is a decision to be made by the Architectural Review Commission. With regard to parking, that may be solvable if, for example, that parking structure was literally self-contained, was well lower than what you can build for an Office Professional building, had zero open areas to either the north or west so that no noise would come out of it, and was architecturally designed to look like an office building so that anyone driving by would not know it was not an office building but happened to be a parking structure. He agreed with neighbors that otherwise this is a long distance from Office Professional, and something that starts at 6:00 a.m. is not the same as something that starts at 8:00 a.m. He said to the neighbors' satisfaction, that kind of parking structure, without any impacts and within height limits and with proper architecture and screening and everything else would have to be there and have to fit for the people. In addition, in order to have a structure like that you would have to have some kind of street closure because people would not use it otherwise; they would go down the street and park in front of neighbors' homes. He said the parking structure would only work if there was no access into the residential area. With regard to the amount of traffic this project would generate at Monterey and Fred Waring, while it is significant, he felt it was not significant when you think of the amount of traffic, as an example, that will change just when we finish the freeway interchange out at Interstate 10. He agreed with Mr. McDaniel that this is not a professional school. He added that he was not unalterably opposed to the project but would not be able to vote for it until issues are resolved and residents are dealt with. Councilmember Benson stated she agreed with what has been said except in the area of homes. She said the Council tries to protect the privacy and investment of the residential areas, which is why the Office Professional use is put there. She added that she felt the school use was stretching it a bit. Councilman Kelly expressed concern with building a wall and said he did not see how a wall could possibly mitigate the problem there. He said he felt the problem of cut -through could be solved without putting in a wall. He added that he felt this was a good project but that 30 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * it did not fit in this location. He said we need to continue to protect our environment and the quality of life of the citizens of Palm Desert. This project does not fit the zoning and would have a negative impact on the neighborhood. Councilman Kelly moved to approve the appeal and direct staff to present a resolution at the next City Council meeting reflecting that action and indicating findings from this hearing. Motion was seconded by Benson. Councilman Spiegel stated that if the community had come to the Council tonight and said they really wanted the facility at this location, the Council realizes that eventually something needs to go in at that corner, and if the Council felt it was presented with the best use possible, and the Council liked the project a lot, then he would vote a lot differently. Unfortunately, the people who lived there indicated they did not want the project there. He felt this is really an Office Professional zone, and he could not vote for the project. Mayor Snyder called for the vote. Motion carried by unanimous vote. XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Councilman Crites moved to adjourn to Closed Session at 9:50 p.m., said Closed Session to immediately follow completion of the Redevelopment Agency meeting. Motion was seconded by Spiegel and carried by unanimous vote. Mayor Snyder reconvened the meeting at 10:55 p.m. and adjourned the meeting to 2:30 p.m. on Tuesday, August 26, 1996. //47,1477626ge4ALTER H. SNYDER W , MA ATTEST: SHEILA R. GILLIGAN DIRECTOR OF COMMUNITY AFFAIRS/CITY CLERK 31