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Home My WebLink About1996-01-11MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 11, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Snyder convened the meeting at 4:10 p.m. H. PLEDGE OF ALLEGIANCE - Councilman Buford A. Crites III. INVOCATION - Mayor Walter H. Snyder IV. ROLL CALL Present: Councilmember Jean M. Benson Councilman Buford A. Crites Mayor Pro-Tempore Richard S. Kelly Mayor Walter H. Snyder Excused Absence: Councilman Robert A. Spiegel Also Present: Ramon A. Diaz, Acting City Manager David J. Erwin, City Attorney Sheila R. Gilligan, Director of Community Affairs/City Clerk Carlos L. Ortega, ACM/RDA Executive Director Richard 3. Folkers, ACM/Director of Public Works John Wohlmuth, ACM/Director of Administrative Services Paul S. Gibson, Finance Director/City Treasurer Wayne Ramsey, Director of Code Compliance Phil Drell, Acting Director of Community Development Mary Gates, Deputy City Clerk V. ORAL COMMUNICATIONS - A MS. ELIZABETH GREEN thanked the Council for allowing her the opportunity to participate in this community, and she said she looked forward to continuing to serve the City for 1996. Mayor Snyder wished Ms. Green a happy birthday on behalf of the Council and staff. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of December 14, 1995. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY. - Warrant Nos. 26, 27, 28, 29, and 30. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by LG's Steakhouse, Inc. for LG's Prime Steakhouse, Inc., 74-225 Highway 111, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Shersand Corporation for Nonchalance, 74-360 Highway 111, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Daniel Marino Donati and Paola Francesca Donati for Donati's Grill, 42-335 Washington Street, Ste. E, Palm Desert. Rec: Refer to Department of Community Development for processing of a Conditional Use Permit. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by American Golf Corporation for Palm Valley Country Club, 76-200 Country Club Drive, Palm Desert. Rec: Receive and file. G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Chaparral Country Club, Inc. for Chaparral Country Club, 100 Chaparral Drive, Palm Desert. Rec: Receive and file. H. RESOLUTION NO. 96-1. - 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. Rec: Waive further reading and adopt. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. MINUTES of the Promotion Committee Meeting of November 21, 1995. Rec: Receive and file. J. MINUTES of the Investment and Finance Committee Meetings of September 7 and November 2, 1995. Rec: Receive and file. K. MINUTES of the Sister Cities Committee Meeting of November 3, 1995. Rec: Receive and file. L. MINUTES of the October 26, 1995, Meeting of the Charitable Contributions/Outside Agency Committee. Rec: Receive and file. M. REQUEST FOR APPROVAL of Parcel Map 28090 (Gangi Development Co., Inc.). Rec: Waive further reading and adopt Resolution No. 96-2 approving Parcel Map 28090. N. REQUEST FOR APPROVAL of Parcel Map 28100 (Bay Colony - Gateway, Inc.). Rec: Waive further reading and adopt Resolution No. 96-3 approving Parcel Map 28100. O. REQUEST FOR RELEASE of Subdivision Improvement Security for Tract Map 26123 - Oasis Club Drive (Sunrise Company, Applicant). Rec: By Minute Motion, accept the subdivision improvements as complete and authorize the City Clerk to reduce the amount of the subdivision improvement securities to ten percent of their value as maintenance security for a one-year maintenance period. P. REOUEST FOR APPROVAL of Notice of Completion for Contract No. C09540 - Civic Center Park Equipment Storage Facility (Project No. 910-95). 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 JANUARY 11, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Q. REOUEST FOR APPROVAL of Change Order No. 2 to Contract No. C08520 - CDBG Barrier Free Project. R. Rec: By Minute Motion: 1) Approve Change Order No. 2 in the amount of $16,946.25; 2) authorize the transfer of $16,946.25 from contingency to base. REQUEST FOR APPROVAL of Notice of Completion for Contract No. C08520 - Barrier Free Sidewalk Project Improvements. Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion on the subject project. S. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Palm Desert Sidewalk (Various Locations) Project No. 699/95 (Contract No. C10750). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. T. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Resurfacing of the Historical Fire Station (Contract No. C10760). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. U. REOUEST FOR AWARD OF CONTRACT for Service and Rental of Uniforms and Supplies (Contract No. C10610). Rec: By Minute Motion, award Contract No. C10610 to L & N Uniform Supply Company of Santa Ana for the service and rental of uniforms and supplies for a one-year period. V. REOUEST FQR AWARD OF CONTRACT for Sidewalk Improvements on Fred Waring Drive and Elkhorn Trail, Project No. 679/95 (Contract No. C10620). Rec: By Minute Motion, award the subject contract to Dateland Construction in the amount of $33,105.00, plus a ten percent contingency in the amount of $3,310.55, and authorize the Mayor to execute the agreement for the subject improvements. W. CONSIDERATION QF LETTER FROM CITY OF TEMECULA Relative to Adoption of a Resolution to Recover State Library Funding which has been Withdrawn. Rec: Refer to staff for report and recommendation. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 1996 ************************************** X. REOUEST FOR APPROVAL of Funding for Activities Planned in Conjunction with the Bob Hope Chrysler Classic. Rec: By Minute Motion, appropriate $1,500.00 from the Unobligated General Fund Reserves to Account No. 110-4416-414-3215 for the purpose of paying $1,000.00 for extra hours for the Palm Desert Trolley and $500.00 for klieg lights for the El Paseo Walk. Y. REQUEST FOR APPROVAL of Funding a Part -Time Position within the Department of Community Affairs. Rec: By Minute Motion, appropriate $5,000.00 from the Unobligated General Fund Reserves to Account No. 110-4111-410-1003, Salaries Part -Time. Upon motion by Crites second by Kelly, the Consent Calendar was approved as presented by unanimous vote of the Council. With Council concurrence, Mayor Snyder suspended the remainder of the Agenda at this point in order to consider Old Business Item A due to the number of residents in the audience. See that section of the Agenda for Council discussion and action. VII. RESOLUTIONS None VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 792 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 2.16.010 OF THE PALM DESERT MUNICIPAL CODE PERTAINING TO THE INVESTMENT AND FINANCE COMMi i 1 tr.. Mr. Diaz noted the ordinance in the packets which would add the Investment Manager to the Investment and Finance Committee. Councilman Crites moved to waive further reading and pass Ordinance No. 792 to second reading. Motion was seconded by Kelly and carried by unanimous vote. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * For Adoption: A. ORDINANCE NO. 789 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 9.40.005, 9.40.010, AND 9.40.060 OF THE PALM DESERT MUNICIPAL CODE, REPEALING SECTION 9.40.045, AND ADDING SECTIONS 9.40.061, 9.40.062, 9.40.063, AND 9.40.064 TO THE MUNICIPAL CODE RELATING TO GRAFFITI ABATEMENT COST RECOVERY. Mr. Diaz noted that there had been no changes to this ordinance since its introduction, and he recommended adoption. Councilmember Benson moved to waive further reading and adopt Ordinance No. 72. Motion was seconded by Kelly and carried by unanimous vote. B. ORDINANCE NO, 790 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM R-3 (MULTIFAMILY RESIDENTIAL) TO O.P. (OFFICE PROFESSIONAL), case No. C/Z 95-4. Mr. Diaz noted that there had been no changes to this ordinance since its introduction, and he recommended adoption. Councilman Kelly moved to waive further reading and adopt Ordinance No. 790. Motion was seconded by Benson and carried by unanimous vote. C. ORDINANCE NQ. 791 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ZONING ORDINANCE AMENDMENT TO ALLOW, BY CONDITIONAL USE PERMIT, SECOND FLOOR RESIDENTIAL USES WITHIN THE GENERAL COMMERCIAL (C-1), PLANNED COMMERCIAL (PC), AND OFFICE PROFESSIONAL (OP) ZONES, Case No. ZOA 95-2. Mr. Drell noted that there had been several typographical error only changes to this ordinance, and he recommended adoption. Councilman Crites moved to waive further reading and adopt Ordinance No. 791,. Motion was seconded by Kelly and carried by unanimous vote. IX. CONSENT ITEMS HELD OVER None 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 1996 ###* :: * s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s X. NEW BUSINESS A. REQUEST FOR FINAL ACCEPTANCE OF ARTWORK AT DESERT SPRINGS MARKETPLACE AND REFUND OF ORDINANCE 732 FEE IN THE AMOUNT OF $35,000.00 TO VISTA GROUP. Mr. Diaz noted the report in the packets and stated that staff recommended approval. Councilman Kelly moved to, by Minute Motion, accept placement of "Komodo Dragons" by Bill Allen and "Ambitious Gila" by Bill Ware as final and refund Ordinance 732 fees in the amount of $35,000.00 to Vista Group. Motion was seconded by Crites and carried by unanimous vote. B. REQUEST FOR APPROVAL OF IMPLEMENTATION AGREEMENT AUTHORIZING THE SUNLINE SERVICES GROUP TO REGULATE TAXICABS (Contract No. C10770). Mr. Diaz noted that Mr. Ramsey was available to answer any questions. Councilman Kelly moved to, by Minute Motion, approve the agreement and authorize the Mayor to execute same. Motion was seconded by Crites and carried by unanimous vote. C. REQUST FOR APPROVAL OF TEMPORARY STREET CLOSURE - FRANK SINATRA DRIVE SOUTH SIDE WEST OF ELDORADO DRIVE. Mr. Diaz noted the report in the packets and stated that Mr. Folkers was available to answer any questions. Councilman Kelly asked staff whether it was true that the Master Bike Plan showed a bike path parallel to the Southern Pacific Railroad. Mr. Folkers responded that he would have to look into this to be sure. Councilman Kelly said if this was not true, he felt this was an ideal situation from Monterey to Washington to have a combination bicycle/foot path/golf cart path running parallel to the railroad. He said that is something that should be kept in mind for any projects approved in that area, and he felt it was a great opportunity for alternate modes of transportation and recreation. Councilmember Benson stated that the staff report noted this had become a non -sanctioned parking lot for various maintenance workers for the area country club developments. She said we had the problem before where these workers were parking on the streets and taking up parking they were not supposed to do. She expressed concern with moving them from this area and back to the streets and asked where they would go. Mr. Folkers explained that this would shift them further east on Frank Sinatra where there is adequate area for parking. He added that the people from Emerald Desert Country Club were looking to develop an off-street parking lot that could be used by the various country 7 MINUTES — REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 1996 ** s* s s * s s s s s s s s s s s s s s s s s s s *** s s s* * s s s s clubs in that area for their maintenance workers to park at no cost so they would all be in one area. Councilman Crites asked if staff was planning to have that available before doing this street closure and if staff was planning to go out and do some type of informational campaign. Mr. Folkers responded that staff had been working with the three country clubs in that area, and representatives were working with their employees. Councilman Crites said he felt it was important to make sure the workers know they have some other spot to park. Mr. Folkers responded that something would be done. Councilmember Benson added that her concern was that the workers would start parking any place they want, and this would cause a mess again. She agreed it was important to let them know the alternate places they can park. Mr. Folkers responded that it would be done in both English and Spanish. Councilman Crites moved to, by Minute Motion, authorize staff to proceed with the temporary street closure on Frank Sinatra Drive, south side west of Eldorado Drive. Motion was seconded by Kelly and carried by unanimous vote. D. REQUEST FOR APPROVAL OF AMENDMENT TO THE PALM DESERT POLICE ADVISORY COMlvu i i tt BYLAWS. Mr. Diaz reviewed the staff report, noting that these amendments had been recommended by the Committee to clear up some language as far as membership, etc. Councilman Kelly stated that many of the City committees go through a process for membership where the Council is responsible for interviewing applicants and making the appointments. He expressed concern with allowing the Committee to do the interviews and said in the past there had been situations where we end up with a "good ole boys" organization. He suggested that the wording be written in such a way that it agrees with the procedures for other committees as far as selection and appointment of members. Councilman Crites agreed and said he had a problem giving control of membership to the Committee. Mr. Diaz noted that approval of membership would rest with the City Council. He asked if it was Council's desire to have the applications reviewed by a membership committee and then submitted to the Council or if the applications should be submitted directly to the Council. Councilman Crites stated that if there are applicants the Committee wishes to recommend be interviewed, it should certainly have the right and privilege of doing that. However, at that point, it would become the responsibility of the Council. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 1996 • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Diaz stated that the desire of the Police Advisory Committee was to have selection of its membership the same as other committees. He said this matter would be clarified with the Committee and brought back to the Council. Councilman Crites moved to continue this matter to the meeting of February 8, 1996. Motion was seconded by Kelly and carried by unanimous vote. Councilman Kelly said he felt staff should make sure the Committee members understand that the Council feels this is an important committee and that it should be involved in appointing members. E. REQUEST FOR APPROVAL OF THE INITIATION OF A COMPREHENSIVE ZONING ORDINANCE REVIEW. Mr. Drell reviewed the staff report, noting there were problems with the current zoning ordinance and requesting approval for staff to review and revise the ordinance to make it more user friendly and to allow for easier access to information. Councilman Crites moved to, by Minute Motion, initiate a comprehensive Zoning Ordinance review and designate Councilmember Benson to serve on the Committee. Motion was seconded by Kelly and carried by unanimous vote. F. REQUEST FOR APPROVAL OF AMENDMENT TO THE CITY OF PALM DESERT INVESTMENT POLICY. Mr. Diaz noted the report in the packets and stated that Mr. Gibson was available to answer any questions. Councilman Crites moved to waive further reading and adopt Resolution No. 96-5 amending the City of Palm Desert Investment Policy. Motion was seconded by Kelly and carried by unanimous vote. G. REOUEST FQR APPROVAL OF MASSAGE ESTABLISHMENT PERMIT FOR AMERICAN HAIRLINES AT 73-640 EL PASEO, #6, PALM DESERT. Mr. Diaz noted the report in the packets and stated that Mr. Wayne Ramsey was available to answer any questions. Councilman Crites moved to, by Minute Motion, approve the massage establishment permit for American Hairlines (Business License No. 95-12873). Motion was seconded by Benson and carried by unanimous vote. 9 Items REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * H. REQUEST FOR CONSIDERATION OF DESIGNATION OF AN ALTERNATE MEMBER TO THE COACHELLA VALLEY CHILDREN AND YOUTH COMMISSION. Mr. Diaz noted the memorandum in the packets from CVAG requesting appointment of an alternate to this committee. Councilman Crites moved to, by Minute Motion, appoint Councilman Spiegel as an alternate member of the Coachella Valley Children and Youth Commission. Motion was seconded by Kelly and carried by unanimous vote. I. REQUEST FOR CONSIDERATION OF BERMUDA DUNES REGIONAL DRAINAGE PLAN. Mr. Diaz noted the report in the packets and stated that Mr. Folkers was available to answer any questions. Councilman Crites moved to, by Minute Motion, after approval by the City Attorney, authorize the Mayor to execute the agreement (Contract No. C10780) at a cost not to exceed $10,000; funds for engineering services in Account No. 110-4300-413-3010. Motion was seconded by Kelly and carried by unanimous vote. J. REQUEST FOR APPROVAL OF ROSE GARDEN COMMUNITY WALK FUNDING. Ms. Sass reviewed the staff report, noting that approximately $20,000 had been raised for the Rose Garden Community Walk project and that monies were still coming in; however, in order to begin the phasing of the project, more funds were needed. She said the cost for phase one of the downsized project would be $78,000. She added that downsizing of the project would provide a project that looks the same as that which was sold to the people and kept the integrity of the project so that it can be built in phases. Upon question by Councilmember Benson as to whether provision has been made for people who wish to purchase a tile at a later date, Ms. Sass responded that there will be a lot of tiles to be put in to be inscribed on site. She said staff anticipated that once the construction fence goes up, there will be a lot of people wanting to know what this is about and how they can participate. She added that it would cost more (perhaps $10.00) to inscribe the tiles on site, and we would want to do a lot of them at once, probably in January 1997 as a large group. 10 MINUTES - _ REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 1996 s s s s s s* s* s s * s s s s s s * * * s s s s s s s * s s s s * s s s s Mr. Diaz stated that staff would like authorization to take the funding request from the developer park fees in this case. He said this project was part of the park, and the funds could be taken out of the park fees account without creating a financial crunch. Councilman Crites moved to, by Minute Motion, provide supplemental funding for a downsized project out of the 1995/96 Art -In -Public -Places budget and authorize the Director of Finance to fund the amount from the developer park fees account. Motion was seconded by Kelly and carried by unanimous vote. K. REQUEST FOR APPROVAL OF PORTOLA AVENUE AND ALESSANDRO DRIVE MEDIAN BARRIER Mr. Folkers reviewed the staff report, noting that an application had been submitted to secure federal funding to cover the cost of a permanent median barrier at this location to prevent all left turns and east/west through movements. He said this request was for approval of the installation of a temporary median barrier using channelizers while awaiting federal funds. He noted that the temporary barrier would also allow staff to determine the barrier's effectiveness. Councilman Crites expressed concern that all this would do is move to the north on Portola all those people wishing to make left turns. They would be making u-turns in the street and then turning down the side streets, and this would then expand the problem so that it exists in three or four places instead of only one. He agreed this was a dangerous spot but felt the measure suggested by staff would not correct the problem, and he said he would vote against it. Councilman Kelly stated that this would also agitate a lot of people, and he felt staff should look for a different solution. He said that whether it is good or bad, the service station at that location attracts a lot of traffic, and a lot of people want to make left turns and go into that station. Mayor Snyder agreed with staff that we have a serious condition at this location that needs to be fixed. Mr. Folkers stated that staff would be happy to meet with members of the Council and go out to look at the site. He said staff would have no problem continuing this matter and working with the Council, City Manager, etc. to try and come up with a solution to the problem. Councilmember Benson suggested that this matter be sent to the Technical Traffic Committee with a request to look at this situation. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 1996 ** s s s s * s s s s s s s s s s s * s s s s * s s s s * s s s s * s s s s Mr. Folkers responded that this would be done. Councilman Crites moved to continue this matter to a time uncertain. Motion was seconded by Benson and carried by unanimous vote. L. INFORMATIONAL ITEMS: 1. Update on Interchanges: a. I-10/Washington Street b. I-10/Cook Street c. I-10/Monterey Avenue Mr. Folkers updated the Council on these interchanges. RI. CONTINUED BUSINESS A. CLAIM AGAINST THE CITY (#297) by James Shelton in the Amount of $2,974.19 (Continued from the Meeting of December 14, 1995). Mr. Diaz noted that this item would be discussed in Closed Session. Mr. Erwin announced that the City Council, in Closed Session, voted unanimously to deny the claim and direct the City Clerk to so notify the Claimant. XII. OLD BUSINESS A. CONSIDERATION OF LETTER FROM MS. CINDY FINERTY, PRESIDENT OF THE DESERT BREEZES CASAS HOMEOWNERS ASSOCIATION, AND MR. CHARLES ASH, PRESIDENT OF THE PALM DESERT COUNTRY CLUB HOMEOWNERS ASSOCIATION, REQUESTING A CHANGE OF ZONE IN PALM DESERT COUNTRY CLUB. Mr. Drell reviewed the staff report, noting that a project area committee had been formed for this area. He said that staff was not in a position at this time to make a recommendation relative to the merits of the requested change of zone, staff pretty much agreed with the five points in the letter as follows: Point #2) Staff felt the issue of any zoning or general plan amendment should be subject to the specific plan process, from which there are representatives from Desert Breezes, Palm Desert Country Club, and all the neighborhoods in that area. He added that during that specific plan process, it is typically the case that no other extraneous changes of zone. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Point #3) Any normal development applications consistent with the existing zoning would, as a matter of course, be referred to the specific plan committee so they can evaluate and make a recommendation as to how that particular plan fits into their thinking or potential changes in regulation for that area. Also being a redevelopment project area committee, they would also be consulted relative to any redevelopment proposal being considered in that area. Point #4) That the City would expand its noticing area for any hearing on any project. Mr. Drell said staff would concur with all five points in the letter, including Point #5 which confirmed that there was never a staff report prepared for the Coachella Valley Housing Coalition proposal and that the application was put on hold and ultimately withdrawn. He said staff concurred that this was an area identified as needing specific study and that the existing subdivision pattern was significantly different than the zoning. He said when the City incorporated, it attempted to tailor the zoning to the ownership pattern, and that would be part of the discussion at the specific plan process. Councilman Crites noted that one of the points in the letter stated that no project may be pursued without concurrence of the Project Area 4 Advisory Committee. He expressed concern with this and said the Council/Redevelopment Agency Board has the final decision on that, not the Committee, and he felt the wording should be that nothing can happen without the Committee's information and participation. Mr. Drell noted that it could be changed to reflect that nothing can happen without the recommendation of the Committee. He added that there had been several preliminary discussions by the Committee relative to housing, and there had been some sentiment expressed toward the priority given to spending housing funds for improvement of existing housing stock. Upon question by Councilmember Benson, Mr. Drell responded that current Project Area 4 Advisory Committee members included the Presidents of Desert Breezes Homeowners Association and Palm Desert County Club Association, representatives of the Resorter, Woodhaven, Oasis Country Club, several at -large members, Councilmembers Kelly and Spiegel, and staff of the Redevelopment Agency and Planning Department. Mayor Snyder stated that the City would not go ahead with anything until the Committee has the opportunity to meet and discuss these issues. MS. CINDY FINERTY, 43-592 Via Badalona, spoke as President of Desert Breezes Homeowners Association, member of the 2010 Committee, and Chair of the Project Area 4 Advisory Committee. She reviewed the letters submitted to the Council dated December 1, 1995, on behalf of the Desert Breezes Project, Palm Desert Country Club, and several adjacent homeowners. She said that as chair of the Project Area 4 Advisory Committee, she was confident that a plan would be submitted to the Council of which it can be proud. She 13 MINU1 S REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * said the Committee would consider the wishes of the community, current zoning and existing land use patterns, State mandates regarding affordable housing, existing blighted conditions in Project Area 4, and would offer a plan to improve everyone's property values. She said they had been reminded that one of the reasons their area was annexed in two phases was because of the Council's appropriate reluctance to annex Palm Desert Country Club because of the many infrastructure upgrades required to bring it up to the City's standards. She said that many people who were involved during the annexation process remembered that the City indicated to Palm Desert County Club and the surrounding neighborhood that Redevelopment funds would be used to upgrade and rehabilitate Palm Desert Country Club. She said she would like to affirm the City's affordable housing policy is that Redevelopment funds be used to rehabilitate and renovate existing blighted areas and that these areas receive priority over any new project. She said it was the Committee's goal to come up with a win -win solution for everyone and to maintain a harmonious relationship within its current community. She said they concurred with staff's recommendation and respectfully requested that the Council permit the Project Area 4 Advisory Committee to do its work. Councilman Crites stated that he hoped that the r.cp,..ly owners who are subject to being rezoned would be included in the discussions, and Ms. Finerty responded that the wishes of the community would be considered. MS. JOYCE FRISCO, 77-575 Robin Road, urged the Council to continue in the Palm Desert way and pass these requests on to the Project Area 4 Advisory Committee. Mr. Erwin noted that the first item in Ms. Finerty's letter was a request for a moratorium on any change of zone application or general plan amendment until conclusion of the specific planning process. He reminded the Council that if it chose to do that, the entire project area would need to be covered, it would only be good for 45 days, and it would have to go through the noticing process. He said he did not feel a moratorium was necessary in this area at this point in time because there are no pending applications at this time, and the Council could consider a moratorium at such time as we have applications. He noted that the Planning staff could report to the Council if applications do come in. Councilman Crites moved to, by Minute Motion, refer the letter to the Project 4 Area/Specific Plan Advisory Committee for recommendation as part of the Specific Plan process. Motion was seconded by Kelly and carried by unanimous vote. Councilman Kelly stated that as a member of this committee, he would follow through and make sure everything happens as it should. He said he had already been working with Ms. Finerty, and the City has always gone through and done a thorough job with all of its projects; it will do the same with this. He asked the people to have confidence that the City will not do anything the people do not know about. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Snyder called a recess at 4:35 p.m. to allow members of the audience to leave if they wished. He reconvened the meeting at 4:40 p.m. and continued with the Agenda, beginning with Ordinances for introduction. B. CONSIDERATION OF ALTERNATIVE RAIL TECHNOLOGY (ARTV). Mr. Diaz noted the report in the packets indicating that staff will continue to study this ongoing issue. Councilman Crites moved to, by Minute Motion, authorize staff to research this matter further. Motion was seconded by Kelly and carried by unanimous vote. C. UQUBST FOR APPROVAL OF PALM DESERT LIBRARY COMM't i rr. RELATIVE TO RETENTION OF CURRENT LIBRARY PERSONNEL. Mr. Diaz reviewed the staff report and recommendation. Councilman Kelly moved to, by Minute Motion, affirm the recommendation of the Palm Desert Library Committee to retain current personnel if a new library system is to be established. Motion was seconded by Crites and carried by unanimous vote. D. REOUEST FOR CONSIDERATION OF PROPOSAL BY BEVERLEY SIMMONS FOR LIBRARY CONSULTANT SERVICES. Mr. Diaz reviewed the staff report and recommendation. Councilmember Benson moved to, by Minute Motion, approve a consulting agreement per proposal attached to the staff report dated January 11, 1996, subject to final review and approval by the City Attorney and including additional wording as outlined in the staff report. Motion was seconded by Kelly and carried by unanimous vote. XIII. REPORTS AND REMARKS A. CITY MANAGER None 15 MINUTES _ REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CITY ATTORNEY Mr. Erwin noted the items for Closed Session listed on the Agenda and the Agenda Addendum, and he requested a Closed Session at an appropriate time. Request For Closed Session Conference with Legal Counsel - Anticipated Litigation pursuant to Section 54956.9 Significant exposure to litigation pursuant to subdivision (b): Number of potential cases: Public Employment pursuant to Section 54957 Title of Position: City Manager C. CITY CLERK 1. Mrs. Gilligan noted that the low power radio station was on the air. She said there was a test run on it now but suggested that the Council listen to it and let staff know if it has any comments. She noted that station was located at 1610 on the AM dial. Upon question by Councilman Crites, she stated that staff was working on a contract to hire a person to do the voice recording for this station. D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: None o City Council Committee Reports 1. Councilman Crites noted that he had received a document from the Palm Desert Sheriff's Search and Rescue Organization which was going to the Cove Commission meeting to attempt to secure partial funding. He said he would make sure that each of the Councilmembers received a copy of this document in their mailboxes. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XIV. ORAL COMMUNICATIONS - B None Councilman Crites moved to adjourn the meeting to Closed Session at 5:35 p.m. to discuss items listed under City Attorney Reports and Remarks. Motion was seconded by Kelly and carried by unanimous vote. Mayor Snyder reconvened the meeting at 7:00 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XVI. ORAL COMMUNICATIONS - C None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO MR. HOWARD MARGULEAS (Continued from the Meeting of December 14, 1995). Councilman Crites moved to continue this matter to a date uncertain. Motion was seconded by Benson and carried by unanimous vote. B. APPOINTMENT OF CITIZEN REPRESENTATIVE TO THE CAL STATE UNIVERSITY MASTER PLANNING COMMI i i r r.. Councilman Crites moved to, by Minute Motion, appoint Mrs. Debbie Byk to the Cal State University Master Planning Committee. Motion was seconded by Benson and carried by unanimous vote. 17 11IINUTFS REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVIII. PUBLIC HEARINGS A. JOINT PUBLIC HEARING WITH THE PALM DESERT REDEVELOPMENT AGENCY RELATIVE TO THE SPORTSPARK DISPOSITION AND DEVELOPMENT AGREEMENT (Continued from the Meeting of December 14, 1995). THE FOLLOWING IS A VERBATIM TRANSCRIPT OF THIS PORTION OF THE MEETING: Kra WHS Walter H. Snyder, Mayor/Chairman RAD Ramon A. Diaz, City Manager CLO Carlos L. Ortega, Redevelopment Agency Executive Director DY David Yrigoyen, Redevelopment Manager JMB Jean M. Benson, Councilmember/Member LC Lynn Crandall, Attorney DJE David J. Erwin, City Attorney BAC Buford A. Crites, Councilman/Member RSK Richard S. Kelly, Councilman/Member AHE Arnold H. Einbinder, Retired Judge MP Marlene Paisokopf SRG Sheila R. Gilligan, Director of Community Affairs/City Clerk WHS Next item is Public Hearings. The first public hearing is a joint public hearing with the Redevelopment Agency relative to the Sportspark Disposition and Development Agreement. Mr. City Manager or Mr. Ortega. RAD Yes, the Executive Director... CLO Mr. Mayor and Mr. Chairman, as you have indicated, the bodies are meeting as a joint body, both as the City and the Agency. Let me provide some background on this project, and I'll Dave of my staff provide you the specifics of the proposed agreements, and then if you have any questions we also have our consultant on this matter. In December of 1994, this Council and Agency approved the very same agreements essentially on a site on Portola. There was provision in that agreement, however; that if we presented the developer with an agreement at a different site with essentially the same conditions, that we had the right to do so and that in the event that such substitute site and financial provisions were approved, that the agreement on the old site then would be null and void. As of this time, that agreement on Portola is binding. We are, however, prepared to recommend an agreement with financial terms with a couple of amendments. Let me generally recite those amendments to the agreement. We will bring them back to you as we would like to see them in the agreement officially. But essentially, there are two items that 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * DY the developer has indicated to us that he'd like us to reconsider in order for him to secure his financing. The agreement provided that the Agency could terminate the agreement if we chose not to or could not find another site to relocate the sportspark. This is after it had been built and was operational, of course. That provision was essentially applicable to the Portola site because as you know the Portola site has other uses, and we wanted to have the right to use the land for a use that would be more suitable to the adjoining uses, which are public golf courses and housing, etc. That provision was particularly important there. The site on which we are proposing that this be located now is one which is 203 acres. The proposed use is for a Cal State campus. The City Manager has spoken with the Cal State representatives, and they have indicated to him that they would have no problem if this use were to stay there. And if it helps the developer, we would recommend that the only right that we would have would be to relocate the site. Otherwise, it would be a 30 year agreement. The other has to do with the provisions whereby the agreement allows the transfer of the lease or the assignment of the lease, if you will, and sharing of some of the ex -proceeds of such a transfer whether it be through a sale of the business or assignment of the lease. The agreement provides that we would share in 50% of the consideration. The developer has rightly pointed out that the language is ambiguous and also that it doesn't allow them the ability to recoup their initial investment. We have proposed some language to the developer and would be bringing that language to you. Our proposal, therefore, is that you open the public hearing tonight, receive public testimony, then close the public hearing, and that we continue this item until your meeting of January 25th. If there are no initial questions, then I would have Dave Yrigoyen, who is prepared to give us a summary of the business points. We also have our legal counsel here tonight, and he can answer some of the more technical legal issues with regard to this matter. An aspect of the process before you tonight is to consider whether this agreement meets the test pursuant to Section 33433 of the Health and Safety Code with regard to whether the transaction or the lease of the land either meets the test of the fair market value provisions or the fair reuse value provisions. You have the report in your packet identifying that these processes do indeed meet those provisions. The basic elements of the agreement are that the agreement is for the proposed pay for play sportspark. The Agency proposes to lease that sportspark to Mr. Ronald and Rick Odekirk of approximately 22 acres on the southeast corner of Cook Street and Gerald Ford. The terms of the agreement is for a period of 30 years. That 30-year provision would start after the completion of the improvements. After those 30 years, the park facility would revert back to the Redevelopment Agency. An aspect of those agreements is that we must review and approve all final plans and specifications. There needs to be a delivery of evidence by the tenant that there are sufficient funds set aside for startup operating expenses as shown in a budget that has been reviewed and approved by the Agency, and this would be subject to be accomplished by April 13 of 1996. There needs to be a delivery by the tenant of the initial deposit of their startup funds needed to begin the construction process for the development of the sportspark, which would need to be submitted by the developer by January 31 st of 1996. There is a minimum monthly rent with a 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * percentage of gross revenues incorporated within that. The Agency has the right to audit and review the books of the venture to determine whether those revenues are in there. Provision for the assignment of lease with the approval of the Agency are incorporated within the agreement. Section 6 of your resolution approving this identifies those aspects of the costs, which has been determined to meet the fair rental value of the property in accordance with an analysis that has been accomplished by Real Estate Analysis Services Company making that determination that this does indeed meet the fair market value and/or the fair reuse value of the lease. Some of the loan provisions that are incorporated within the agreement are that there is an applicable monthly interest rate based on gross revenues also, that there is a disbursement procedure that funds would be deposited with a disbursement service which would disburse all construction contract requirements, there would be a company that would oversee the disbursement service company, and these would all be paid for by the tenant. However, those contracts with the disbursement service and with the construction management would be with the Agency. Essentially, those are some of the basic elements of both the loan and the lease provisions. We would make a finding that these do meet within the terms that are before us of Section 33433. If there are any other questions with regard to the agreement, both Jeff Rabin and Leonard Wolk are here also to assist us in making any of those...answer any of those questions for you. WHS Questions by the Council? JMB The question I would have is that under the scope of development, I didn't see anything in there that says the amount of use that will be dedicated to Palm Desert residents or local play or that there would not be any rock concerts or anything like that out in it. DY JMB There is no provision in there for use of little leagues and things like that that would be for charitable organizations incorporated in that. We would need to, if we wanted to add that, we would need to sit down and talk to the tenant to determine what amount of time he's talking about using that for or those types of provisions. Essentially the same thing is with regard to rock concerts and things like that. I would think that we should have that in there because the community is assuming that there's going to be an awful lot of youth activities out there where it doesn't appear there is. I think the time element of how much they can use this park should be in there someplace. DY We certainly need to begin and sit down and talk to them with regard to those provisions. WHS (unclear) If not, this is a public hearing, so I therefore declare the public hearing open and will take testimony both for and against. LC Mr. Mayor and Members of the Council, my name is Lynn Crandall, office in Palm Desert. I'm here representing the developer this evening with a request that the matter be continued. I'm...what Mr. Ortega said went over my head in terms of...he said something about a continuance as well. The reason I wanted the continuance is as Mr. Ortega related, when I 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * reviewed the final draft of the agreement this week, there was a provision in it relating to one of the two items that he's talked about, the assignment and subletting provisions and the sharing of revenues, if you will, in those circumstances, which I deem to be ambiguous, it was ambiguous. I brought it to the attention, through my clients, to Mr. Diaz and Mr. Ortega, and I believe they agreed with me that it was an ambiguous provision. That's why there's been a change as Mr. Ortega's just related it. I have not had a chance to see the revised change at all, and I would like that opportunity. These sorts of provisions are important, they go far years into the future, they're permanent, they're frozen now, and the only thing I'm confused about is the...because he said something about a continuance, if I understood you, Mr. Ortega. CLO That's correct. LC The public hearing will remain open next time so I can address the provision? We could also address, I suppose, the provisions that Councilman Benson just mentioned, and we can do that in the meantime as well. CLO You can keep it open if you wish. LC Obviously, I need to look at the provision that's been redrafted by your attorney. I'm talking about a continuance just till the next meeting. DJE Certainly the Council can do that, or Agency can do that if you wish. WHS Continue the meeting and keep the... DJE ...the hearing open if you wish, yes. WHS ...public hearing open. DJE Yes. WHS If the Council so desires. DJE If they do. BAC You also have the option of closing the public hearing. DJE That's correct and still allowing, if you wish, Mr. Crandall to address the language in the ultimate agreement whether the hearing is open or not. WHS Does the Council wish to take a position on the request for continuation? RSK Why don't we have the public hearing? 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * WHS We're in the public hearing now. (unclear) if anybody else. CLO The purpose of the public hearing is for the public to talk about the lease and to talk about the business points specifically under provisions of the Health and Safety Code, whether the lease terms are appropriate, whether they meet the...whether the Agency is getting the fair market value or the reuse value for the property. That's essentially the purpose of the hearing, and I suppose they can also discuss other issues of the location because you are also approving a lease for a specific site. WHS Indeed, I have declared the public hearing open, and I've asked for testimony. You were the first. Does anyone else care to testify? Now is the time. AHE Mr. Mayor, Members of the City Council, I'm Arnold H. Einbinder, Retired Judge, living at 549 Desert Falls Drive East, Palm Desert, California. I'm a little confused in the sense that my understanding from staff is there are amendments to an agreement which for all intents and purposes has not been distributed or made available to the general public. Is that correct? CLO That is correct. AHE Okay. DY We have publicized this notice, and the notice indicates that the report pursuant to our obligations under the Health and Safety Code have been available for public review. AHE That was not my question. I have a copy of the agreement I thought was "the agreement". I'm just informed today that there are amendments to this agreement. My question is reiterated. Is this...these amendments that have not been provided to the general public for review, if nothing else? CLO AHE That is correct, and that's one of the reasons why I have brought up those proposed amendments as part of the public hearing process so that the public is aware of those amendments. Then, that being the case, I would respectfully request that the request of Council be adhered to in that the entire open public meeting be continued to a date certain, giving an opportunity for anyone who would want to speak for or against to obtain a copy of or at least view a copy of these amendments to the agreement. Now, if that is not going to be the case, then I will certainly entertain the wish of the Council in my words or presentation. WHS I think it's the intention of the Council to continue, but I did indeed open the public hearing. If there is any other testimony that needs to be taken, I want to take it. AHE Are you advising that... 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * WHS We will make that decision at the completion of the... AHE Can I...excuse me, I'm sorry, Mr. Snyder. Please continue. I didn't mean to interrupt. WHS We'll make that decision at the conclusion of any other testifying that we take. AHE Well, is that meaning to say that you are requiring me to make any statements I want to now... WHS No. AHE ...and not allowing me to defer them, or can I defer them until the next public hearing that is to be held in this matter? DJE What I might suggest, Mr. Mayor/Chairman, Judge Einbinder has in effect requested the opportunity to address the issue if you're going to close the public hearing. I think maybe the Council has not arrived at that decision yet. I suggest that you allow him to reserve that opportunity to speak if the Council should determine to close this hearing tonight, that he be allowed to speak if you're going to do that. If you ultimately after hearing other people that may be present decide to continue the hearing open, then he may appear at the next meeting and make his presentation at that time. WHS Thank you. DJE I think perhaps we can see if anybody else wishes to speak... WHS Does that satisfy you? AHE Yes. Thank you very much. WHS Anybody else who would care to testify in this matter? MP Happy New Year and greetings to all of you. I'm Marlene Paisokopf, and I also would like to second the request that you've just heard from Judge Einbinder, and I too would prefer to speak at such a time after all the information is disbursed to the general public. And, therefore, I would go along with that request and would also ask that if for some reason you do not honor that request, then I would like to speak later. Thank you. WHS. Anyone else who would care to testify? I would suggest that, seeing no one else, I would suggest that this Council consider keeping this public hearing open and continuing the matter to... when? CLO The 25th. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * WHS 25th? DJE January 25? CLO Right. WHS January 25. Could I have a motion to that effect? RSK I'll move that we continue this item to January 25th and keep the public hearing open. WHS Do I have a second? I'll second it. Would you please vote. SRG Motion carries by unanimous vote. XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Councilman Crites moved to adjourn the meeting at 7:35 p.m. Motion was seconded by Snyder and carried by unanimous vote. ATTEST: i SHEILA R. GILLtGAN, I�IIj CITY OF PALM DESERT, i WALTER H. SNYDER; TOR OF COMMUNITY AFFAIRS IFORNIA 24