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HomeMy WebLinkAbout1996-07-11MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JULY 11, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Snyder convened the meeting at 4:05 p.m. H. PLEDGE OF ALLEGIANCE - Councilman Robert A. Spiegel III. INVOCATION - Mayor Pro-Tempore Richard S. Kelly IV. ROLL CALL Present., Excused Absence: Mayor Pro-Tem Richard S. Kelly Councilmember Jean M. Benson Councilman Robert A. Spiegel Councilman Buford A. Crites 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. Folkers, ACM/Director of Public Works John Wohlmuth, ACM/Director of Administrative Services Phil Drell, Director of Community Development David Yrigoyen, Redevelopment Manager Agnes Flor, Acting Finance Director Wayne Ramsey, Director of Code Compliance Mary P. Gates, Deputy City Clerk V. ORAL COMMUNICATIONS - A MRS. BARBARA BOWIE, Principal Librarian, gave a report for June for the Multi Agency Library as follows: 1,100 new library card applications completed 10,809 reference questions answered (1,619 more than June of 1995) 17,725 items checked out (6,000 more than June of 1995) 28 volunteers put in 288 volunteer hours during month of June MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * - 70 people attended the first Family Story Time last Tuesday evening in the Soroptimist Children's Story Room. Four classes from College of the Desert came to see what a public library looks like, and staff issued 79 new library cards in one hour. Upon question by Councilman Kelly relative to how many new library cards had been issued since the Multi Agency Library opened, Ms. Bowie responded that 2,500 had been issued through the end of June. MS. SHARON HOWARD, 43-866 Adonis Drive, Palm Desert, presented a petition to the Council from her neighborhood relative to the proposed sports fitness center at the corner of Monterey Avenue and Fred Waring Drive. She expressed concern about the existing traffic and the additional traffic that would be generated by this new facility. She asked that Council accept the petition and direct the Public Works staff to begin working on this traffic situation even if the sports fitness center is not approved. Mayor Snyder stated that staff would look into this situation. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meetings of June 13 and June 27, 1996. Rec: Approve as presented. B. CLAIMS AND DEMANDS AgAINST THE CITY TREASURY - Warrant Nos. 55 and 56. Rec: Approve as presented. C. MINUTES of Art -In -Public -Places Meeting of March 27, 1996. Rec: Receive and file. D. MINUTES, of Civic Arts Committee Meetings of April 8 and May 13, 1996. Rec: Receive and file. E. MINUTES of Sister Cities Committee Meeting of May 20, 1996. Rec: Receive and file. 2 M NUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * F. REOUEST FOR APPOINTMENT of Southern California Joint Powers Insurance Authority (SCJPIA) Director and Alternates. Re: By Minute Motion, certify Walter H. Snyder, Mayor, as Director of the Southern California Joint Powers Insurance Authority (SCJPIA) and certify Paul S. Gibson, Director of Finance, and Ken Weller, Risk Manager, as alternates as required by Article 7 of the SCJPIA Agreement. G. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for the 1996/97 Resurfacing Program (Project No. 752/97, Contract No. C11470). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the 1996/97 Resurfacing Program. H. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Purchase of Grass Seed for the Civic Center Park and Complex. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the purchase of grass seed for Civic Center Park and complex. I. REOUEST FOR AWARD OF BID for Citywide Palm Tree Trimming (Contract No. C11350). Rec: By Minute Motion, award the bid for Citywide palm tree trimming to All Seasons Tree Service of Thermal at the rate of $9.00 per tree. J. REQUEST FOR APPROVAL of Amendment No. 3 to CVAG Reimbursement Agreement for Cook Street at I-10 Interchange (Frank Sinatra Drive to Varner Road), Contract No. C08563. Rec: By Minute Motion, authorize the Mayor and City Manager to execute Amendment No. 3 to Contract No C08563 for the CVAG Reimbursement Agreement for the Cook Street at I-10 Interchange. K. REOUEST FOR ACCEPTANCE OF WORK for Contract No. C10760 for Palm Desert Historical Fire Station Parking and Pedestrian Area (Project No. 678/95). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion on the subject project. L. REQUEST FOR RELEASE of Grading Improvement Security for Tract No. 27520-5 (Desert Communities, Inc., Applicant). Rec: By Minute Motion, authorize the City Clerk to release the subject improvement securities. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * M. REQUEST FOR APPROVAL of Final Tract Map 28287 (Bay Colony -Gateway, Inc., Applicant). Rec: Waive further reading and adopt Resolution No. 96-49 approving Tract Map 28287. N. CONSIDERATION of Letter from Inland Empire Baseball, LLC, Requesting that the City Council Adopt a Resolution in Support of the Inland Empire's Proposed Acquisition of a Major League Baseball Team. Rec: Refer to staff for report and recommendation. O. CONSIDERATION of Letter from California Contract Cities Association Requesting that the City of Palm Desert Adopt a Resolution Urging the Regional Water Quality Control Board to Return Tentative Order No. 96-XXX (NPDES No. CAS614001), Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges Within the County of Los Angeles, to Staff for Resolution of Issues of Unfunded Mandates, Economic Impacts, and Development of More Certain and Achievable Goals and Objectives, Based on Relevant Standards and Studies. Rec: Waive further reading and adopt Resolution No. 96-50. P. REOUEST FOR RENEWAL of Contract No. C03827 for Landscape Specialist (Eric Johnson Company, Applicant). Rec: Removed from the Agenda for separate discussion under Section IX, Consent Items Held Over. See that portion of the Minutes for Council discussion and action. Q. REQUEST FQR APPROPRIATIQN of Funding from the Year 2000 Library Fund to Pay for Items for the Multi Agency Library Which are Restricted From the Use of Bond Funds. Rec: By Minute Motion: 1) Appropriate $55,000 from the Year 2000 Library Fund to fund items which are restricted from the use of bond funds; 2) approve the use of $55,000 from said appropriated funds to pay for the circulation equipment to be purchased and other miscellaneous expenses by the College of the Desert for the Multi Agency Library; 3) approve the use of approximately $24,000 of an award from Southern California Edison for design excellence (lighting) paid to the College of the Desert. R. RESOLUTION NQ. 96-52 - A Resolution of the City Council of the City of Palm Desert, California, Endorsing the "California First" Congressional Leadership Summit. Rec: Waive further reading and adopt. Councilman Spiegel asked that Item P be removed for separate discussion under Section IX, Consent Items Held Over, of the Agenda. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon motion by Kelly, second by Spiegel, the remainder of the Consent Calendar was approved as presented by unanimous vote of the Council. VII. RESOLUTIONS A. RESOLUTION NO. 96-4$ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, GRANTING ONE TO FOUR YEARS ADDITIONAL SERVICE CREDIT (CODE COMPLIANCE OFFICER 1I). Mr. Diaz noted the report in the packets and stated that Mr. Wohlmuth was available to answer any questions. Councilman Spiegel moved to waive further reading and adopt Resolution No. 96-48. Motion was seconded by Kelly and carried by unanimous vote. B. RESOLUTION NO. 96-51 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ELECTING TO PARTICIPATE IN THE LONG TERM DISABILITY PROGRAM OF THE SOUTHERN CALIFORNIA JOINT POWERS INSURANCE AUTHORITY. Mr. Diaz noted the report in the packets and stated that Mr. Wohlmuth was available to answer any questions. Councilman Kelly moved to: 1) Waive further reading and adopt Resolution No. 96-51 authorizing the City of Palm Desert's participation in the Southern California Joint Powers Insurance Authority Long Term Disability program; 2) authorize the Mayor to enter into an agreement with CIGNA for Long Term Disability coverage (Contract No. C11480). Motion was seconded by Spiegel and carried by unanimous vote. VIII. ORDINANCES For Introduction: 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. Diaz noted the report in the packets and stated that Mr. Folkers was available to answer any questions. Upon question by Councilman Spiegel, Mr. Folkers responded that the speed limit was being reduced from 35 miles per hour to 25 miles per hour. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly moved to waive further reading and pass Ordinance No. B1 to second reading. Motion was seconded by Spiegel and carried by unanimous vote. For Adoption: A. ORDINANCE NO. 581- 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 PR-5 N S.P. (PLANNED RESIDENTIAL, FIVE DU/AC, NATURAL OVERLAY, SCENIC PRESERVATION) TO O.P. (OFFICE PROFESSIONAL) ON 8.62 ACRES LOCATED ON THE NORTH SIDE OF HIGHWAY 111 AT THE EAST CITY LIMIT, Case No. C/Z 89-9 (Bernard DeBonne, and Robert H. Ricciardi, Applicants). Mr. Diaz noted that there had been no changes to this ordinance since its introduction, and he recommended adoption. Upon question by Councilman Spiegel, Mr. Drell stated that the property was directly east of Embassy Suites. He noted that at its meeting of March 22, 1990, the City Council approved the precise plan and general plan. The change of zone was given first reading with the understanding that second reading would be held in abeyance until the applicant obtained an access point from the property to the east. This had now been obtained. Councilman Spiegel moved to waive further reading and adopt Ordinance No. 581,. Motion was seconded by Kelly and carried by unanimous vote. B. ORDINANCE NO. 808 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE NO. 644 AND AMENDING SECTION 10.36.010 OF THE MUNICIPAL CODE RELATIVE TO ESTABLISHING SPEED ZONES (Monterey Avenue between Country Club Drive and Park View Drive). Mr. Diaz noted that there had been no changes to this ordinance since its introduction, and he recommended adoption. Councilman Spiegel moved to waive further reading and adopt Ordinance No. 808. Motion as seconded by Kelly and carried by unanimous vote. IX. CONSENT ITEMS HELD OVER P. REOUEST FOR RENEWAL of Contract No. C03827 for Landscape Specialist (Eric Johnson Company, Applicant). Councilman Spiegel stated that this was renewal of a contract for a landscape specialist who he felt had really done an outstanding job for the City; however, he questioned whether there 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * was enough additional work that needed to be done in the City to justify renewing this contract. Mr. Folkers responded that Mr. Johnson works on many projects in the Public Works Department. He works with Tom Theobald land maintenance crews and also does reviews for the Planning Department for new developments that come in. He added that Mr. Johnson was a very valuable employee to the City. Councilman Spiegel asked whether Mr. Johnson was involved with the Sister Cities garden. Mr. Folkers responded that this was one of his projects. Councilman Spiegel moved to, by Minute Motion, authorize a one-year extension of the subject contract. Motion was seconded by Kelly and carried by unanimous vote. X. NEW BUSINESS A. JEOUE$T FOR CONSIDERATION OF ACCELERATED MITIGATION OF PARKING LOT RENOVATION FOR HIGHWAY 111 AND SAN PABLO AVENUE (Project No. 634/95). Mr. Folkers reviewed the staff report, noting that plans were to align San Pablo and provide additional capacity on Highway 111. He said this would impact the pharmacy at the corner of San Pablo and Highway 111 and disrupt the parking lot during the widening of San Pablo. Staff had a local contractor review the proposed work and found that additional parking could be provided on the west side of the pharmacy for less than $10,000. He said staff s recommendation was to proceed to do the work using a combination of in-house design and getting local contractors to provide proposals. He said the feeling was that the project could proceed rapidly and be done in a few months, hopefully no later than October, to minimally impact the businesses. MR. ALAN NYMAN, Ed Mullins Pharmacy, stated that approval of this project would allow customers, especially those with ambulatory difficulties, to access the store more easily. Councilman Kelly moved to, by Minute Motion, authorize the Public Works staff to prepare plans and negotiate a minor construction contract for replacement parking for Ed Mullins Pharmacy. Motion was seconded by Spiegel and carried by unanimous vote. B. REOUE$T FOR CONSIDERATION OF SCHOOL AREA TRAFFIC MANAGEMENT PLAN AT LINCOLN SCHOOL/PALM DESERT MIDDLE SCHOOL. Mr. Folkers reviewed the staff report, noting that the drawing he recently gave to the Councilmembers indicated that the restrooms would be locked during school hours. He said this matter was taken to the Parks & Recreation Commission last Wednesday, and it was the Commission's recommendation that the restrooms be kept open, and that would be a modification to the plan. He said another change was on the right side of the drawing which 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * indicated a school crossing guard was requested, and it was staffs recommendation to proceed with a crossing guard at that location as part of this program. He said the plan was to try and resolve some of the congestion that takes place in the mornings and afternoons. He noted that a joint committee had been working since last fall involving the Sheriff's Department, the two school principals, City staff, and four parents. The next step would be to let the people along Rutledge know that this is being planned as a this trial program to mitigate a lot of the problems in that area. If the Council feels it is necessary, a hearing will be held prior to the next Council meeting of August 22nd to allow residents to ask questions. He noted that the flow in the mornings and afternoons would be one way between Myrsine and Portola with appropriate signing along Portola as well as a blockage as shown in the diagram. Mr. Diaz noted that the school crossing guard would be placed subject to ongoing arrangements with and approval by the Desert Sands Unified School District. With regard to holding a hearing, Councilman Spiegel stated that staff would really have to let the Council know whether there is a need for a hearing based on the reception of this program by people who live in the area. In addition, he said he felt all of the families of the students should be notified as to where the students should be dropped off since there will be new loading areas. Mr. Folkers stated that staff could distribute fliers throughout the neighborhood explaining what the City's intent is. Staff could schedule an evening meeting based on reaction from fliers sent out to the neighborhood. Another possibility would be to have an evening meeting here prior to the City Council meeting to discuss the matter similar to the meetings held relative to the Hovley area. He added that the whole intent was to give everyone the maximum opportunity to provide input so staff can come up with the best possible program. Mr. Diaz stated that the fliers would be sent out and that an evening meeting with staff would be set up for residents who wish to ask questions. Councilman Kelly moved to, by Minute Motion, approve the plan with the condition that the restrooms remain open. Motion was seconded by Spiegel and carried by unanimous vote. C. REOUEST FOR APPROVAL OF CONTRACT NO. C11490 FOR COMMISSION OF ARTISTIC FENCE FOR DESERT WILLOW AT PALM DESERT. Mayor Snyder noted that each of the Councilmembers had received the artist's rendering of the fence that would be placed in the window spaces between the block wall around the north course of Desert Willow at Palm Desert. He added that it had been approved by both the Art -In -Public -Places Committee and the Civic Arts Committee. Mrs. Gilligan stated that staff did not have a contract at this time but recommended that the Council approve a contract subject to approval by the City Attorney. 8 MINUTES - REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly moved to, by Minute Motion, direct staff to move forward with the fence and approve a contract with Allan Root subject to approval by the City Attorney. Motion was seconded by Spiegel and carried by unanimous vote. D. REOUEST FOR CONSIDERATION OF APPEAL TO A DECISION OF THE ARCHITECTURAL REVIEW COMMISSION DENYING THE REQUEST BY PALMS TO PINES CANVAS TO RECOVER THE EXISTING AWNING AT THE BUILDING AT THE NORTHWEST CORNER OF HIGHWAY 111 AND SAN PABLO AVENUE (BIG A AUTO PARTS AND PASTA JOES), Case N0. 4667SA (Ernie Brooks on Behalf of Big A Auto Parts and Pasta Joes, Palms to Pines Canvas, Appellant). Mr. Drell showed a color version of the proposed awning to recover the existing beige/cream color awning with burgundy bands and change the color to red, white, and blue across the Big A Auto Parts business and green, white, and orange over Pasta Joes. He noted that the Architectural Review Commission had unanimously denied the request. Councilman Spiegel stated that he agreed with the decision of the Architectural Review Commission. MR. ERNIE BROOKS addressed the Council and stated that Big A Auto's colors were red, white, and blue, and most of the building is theirs except for Pasta Joes. He said the applicant would be willing to done down the white to off-white and still incorporate blue in the striping. Mayor Snyder stated that the matter being considered by the Council was the red, white, and blue over Big A and the green, white, and orange over Pasta Joes as submitted to the Architectural Review Commission. He said if the applicant wished to make a change, that should be presented to the Architectural Review Commission again. Councilman Spiegel agreed that Mr. Brooks should go back to the Architectural Review Commission with the suggestions he presented at this meeting. Councilman Kelly agreed and stated that he would be inclined to deny the appeal. Councilman Kelly moved to, by Minute Motion, accept the applicant's request to go back to the Architectural Review Commission and try to work something out. Motion was seconded by Spiegel and carried by unanimous vote. E. CONSIDERATIQN QF REOUEST FROM RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY RELATIVE TO THE CITY OF PALM DESERT'S PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING PROGRAM FOR FISCAL YEARS 1997-98. Mr. Diaz noted the report in the packets from the Deputy Director of the Riverside County Economic Development Agency. He recommended that the Council approve the 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * recommendation in her report, and he noted that the participation would be for fiscal years 1997-98, 1998-99, and 1999-2000. Councilman Spiegel asked if the City would still be able to get block grant monies if it did not agree to participate, and Mr. Ray Janes responded that the City would not be able to get those monies. He added that the signed Cooperation Agreement needed to be submitted to HUD no later than July 19th if the City agrees to participate. Councilman Spiegel moved to, by Minute Motion, approve and authorize the Mayor to execute a Cooperation Agreement with the County of Riverside allowing the City to participate in the Community Development Block Grant funding program for fiscal years 1997-98, 1998-99, and 1999-2000. Motion was seconded by Kelly and carried by unanimous vote. F. REOUEST FOR CQNSIDERATION OF CHIROPRACTIC AND MENTAL HEALTH CARVE -OUT OF HEALTH BENEFITS. Mr. Wohlmuth reviewed the staff report, noting that the current trend in health care is to "carve out" some of the benefits that the primary health care provider (Principal Mutual for the City of Palm Desert) does not wish to handle and have them taken over by a separate administrator. He said the "carved out" portion of the Principal Mutual contract funds the chiropractic and mental health contracts. This would allow for over $9,000 in savings as well as enhancing chiropractic and mental health benefits to employees. He said with regard to chiropractic care, the current benefit with Principal Mutual was that employees pay 20 %, with Principal paying 80%. The contract with American Chiropractic Network would allow 20 visits per year per employee at a cost to the employee of $5.00 per visit; visits after that initial 20 would then be at a 20 percent/80 percent split, with the employee paying 20%. He recommended approval of the contracts with American Chiropractic Network for expanded employee chiropractic care and with The Holman Group for expanded EAP and employee mental health care. Councilman Spiegel moved to, by Minute Motion: 1) Authorize the Mayor to enter into a contract with American Chiropractic Network for expanded employee chiropractic care (Contract No. C11500); 2) authorize the Mayor to enter into a contract with The Holman Group for expanded EAP and employee mental health care (Contract No. C11510). Motion was seconded by Kelly and carried by unanimous vote. G. INFORMATIONAL ITEMS: 1. Update on Interchanges: a. I-10/Washington Street Mr. Folkers noted that Riverside Construction had not yet been given the green light by the County, but that it was expected that the project would be moving along shortly. He said it was intended to be a year and a half project and should be completed by April of 1998. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * b. I-10/Cook Street Mr. Folkers noted that tomorrow at 2:00 a.m., concrete will be poured and that it was hoped this portion would be completed by 2:30 p.m. He added that the project was expected to be completed in February of 1997. c. I-10/Monterey Avenue Mr. Folkers stated that things were moving along quite well on this project which should be completed by August of 1997. With regard to the Monterey Avenue at the Wash project, he said it was going along quite well also and should be completed by December of this year. XI. CONTINUED BUSINESS A. CONSIDERATION URGENCY ORDINANCE IMPOSING A MORATORIUM UNTIL A STUDY IS DONE AND COMPLETE ON THE EFFECT OF LOCATION ON TELECOMMUNICATIONS TOWERS AND ANTENNAS IN THE CITY OF PALM DESERT (Continued from the Meeting of July 3, 1996). Mr. Erwin noted that this item had been considered at the Council's Adjourned Meeting of July 3, 1996, and was continued to this meeting. He added that the Council also had an item on this Agenda under Public Hearings to consider placement of communications towers by Pacific Bell. If the Council adopted the urgency ordinance at this meeting, it would be effective for 45 days. During that time there is the potential to have studies initiated to regulate this type of activity and location. Also during that 45 days, if the Council wishes to extend the moratorium, it would need to notice a public hearing for the Council meeting of August 22nd and would be able to extend the moratorium for a period of ten and a half months provided a study is initiated within that time. He offered to answer any questions. Upon question by Councilman Spiegel, Mr. Diaz responded that staff did plan to initiate a study. MR. DARRYL DOHERTY, representing Pacific Bell, stated that he had been working with staff for the past three or four months to develop sites that would work out, and the request has been continued twice now. He said the proposed locations have been to the Architectural Review Commission and have received approval. He asked that the Council not adopt a moratorium but put together a task force to develop criteria for what the City wants to do with communications towers. He also said he was not asking for approval of his project at this time but was offering his assistance in developing the criteria. Councilman Spiegel stated that he assumed staff would involve these people in the review and recommendation to the Council. Mr. Diaz agreed and said he felt the moratorium would not 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * affect this application but would alert others coming in that there is a moratorium in place. He added that the moratorium could be cut short if a solution is found. Councilman Kelly moved to waive further reading and adopt Ordinance No. 810, adopting a moratorium on the acceptance of applications and the issuance of approvals for the construction and development of wireless communications facilities in the City. Motion was seconded by Spiegel. Mr. Diaz stated for the record that if the applicant from Pacific Bell would indicate that there is no problem with continuing his request to the meeting of August 22nd, then the Council would not have to come back at 7:00 p.m. to consider that public hearing. Mr. Doherty agreed with the continuance and said he was happy to have a commitment by the City to get this done quickly. He added that he would work with staff on this matter. Mayor Snyder called for the vote. Motion carried by unanimous vote of the Council. XII. OLD BUSINESS A. REOUEST FOR CONSIDERATION OF POTENTIAL INITIATION OF FREEWAY COMMERCIAL ZONE. Mr. Drell stated that staff had been given direction to work a "little bit" on this issue. He provided a map to the Council showing the interchanges and stated that two things prohibited right now were more than one gas station and drive thru fast food restaurants. Councilman Spiegel suggested that, with the pending completion of the overpasses, the entire area along Interstate 10 on the south side should be looked at and that staff come back with a general plan change for the area. Councilman Kelly stated that he felt just the area adjacent to the new interchanges should be addressed as far as what effect they will have. Mr. Drell noted that the general plan did designate the entire frontage area as a mixture of commercial/industrial uses. He said that currently in every commercial zone no more than one gas station within 500 feet of another is allowed. In addition, nowhere in the City are drive-thru restaurants permitted. Mayor Snyder stated that what Councilman Kelly was saying was that nothing is wrong with the City's current ordinance, but perhaps we should have an ordinance addressing just the areas adjacent to the interchanges. Mr. Drell responded that this was the intent of the freeway commercial zone, to create in essence a new zone just for the interchanges, and that was what was outlined on the map shown to the Council. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly moved to, by Minute Motion, direct staff to initiate and process a zoning ordinance amendment in relationship to freeway commercial zoning for the interchanges. Motion was seconded by Spiegel and carried by unanimous vote. MR. MARVIN ROOS, Mainiero Smith and Associates, stated he represented Lionel Steinberg and Katrina Heinrich. He said they were currently master planning almost two miles of frontage on the freeway and had worked with staff to come up with that plan. He said they anticipated a high degree of interest at the interchanges with more of a freeway orientation. Through that master plan process and precise plan process, he felt the Council and Planning Commission had the degree of control needed. He said they could live with or without it being a freeway zone per se, but he said there would be some interest they would be discussing with the City. He noted in his particular case at Cook Street, an agreement had already been reached with a large scale auto service facility which would be the only such facility within a mile as they would not be coming to the Council and asking for multiple service stations. He said fast food might be an issue and that they would like to work with staff on the issue of some type of graphics to let people know what the facilities are and how to get to them. He added that they hoped to submit something in the next few months on this entire property. MR. ROD LUSIO with McDonald's and Chevron, spoke regarding the site at Washington and Country Club and asked whether this would be included in the new. zoning. He also expressed concern with drive-thru restaurants not being allowed. Mr. Diaz stated that direction to staff was to study those specific issues. Mr. Drell added that staff would be preparing potential changes to the ordinance relating to use, and this would relate to the site noted by Mr. Lusio. Mr. Lusio asked whether they should continue to develop the feasibility of the site with staff while this study is being done. Mr. Drell responded in the affirmative and said the Council has authorized staff to consider those changes to the ordinance which could allow, given the right circumstances, the sort of project being proposed by Mr. Lusio. XIII. REPORTS AND REMARKS A. CITY MANAGER 1. Consideration of Request for Electric Shuttle Sharing with the City of Laguna Beach. Mr. Wohlmuth reviewed the staff report, noting that the City of Laguna Beach had called relative to the City of Palm Desert's shuttle, which was identical to theirs. He said they had two questions: 1) Could they use Palm Desert's shuttle while theirs was getting a new battery; and 2) Would the City of Palm Desert be interested in sharing 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * its shuttle with them during our off season, and they would loan their shuttle to us during their off season. With regard to the first request, staff recommended loaning Palm Desert's shuttle to Laguna Beach for approximately two months, with Laguna Beach picking up all costs associated with the loan. With regard to the second request, staff felt there were several options: 1) Allow Laguna Beach to borrow our shuttle during their season, and Palm Desert will borrow Laguna Beach's shuttle during our season. This would cost an additional $19,000, and staff will bring this back to the Council in August or September; 2) with assistance from Sunline, apply for a grant from the Federal government to purchase a second shuttle; 3) remain at one shuttle for Palm Desert for the season. He added that staff would like to bring this entire issue back to the Council in August or September. Mr. Wohlmuth requested Council approval to loan the Palm Desert shuttle to the City of Laguna Beach for two months, with all costs to be paid by the City of Laguna Beach. Councilman Kelly expressed concern with the loan of the shuttle because of the expense to operate maintenance -wise. He stated that when it was loaned previously, it cost quite a lot to get it working well again. He said he was concerned that if it is loaned out again, that will cause us to have breakdowns when we use it once we receive it back. He said rather than a trade-off, he would like to see the City work toward getting another shuttle of its own. He said a lot of commercial had been added to the City, and there was even more to be added on El Paseo with the Gardens project. He said the City is getting a lot of sales tax which is being used to run the City, and he felt something needed to be put back into that just like we put money back into the Convention & Visitors Bureau to help out with the hotels and bring visitors to the City. He said he felt some money needed to be put back into the commercial areas, and one of the ideal things would be to provide a service. He added that he felt it was a good objective to have two shuttles running in order to cut the headway down to 25 minutes. He added that it had been proven over and over again that reducing the headway in half will increase ridership more than just adding another bus. Mr. Wohlmuth stated that staff would pursue this and have a report to the Council in August or September, and this would not be discussed with the City of Laguna Beach until after Council discusses it at that time. He did ask for Council action with regard to loaning the shuttle for two months. Councilman Spiegel said he would agree to the loan for two months; however, the loan should be made with the stipulation that the shuttle be returned in the same condition that it is in now. He added that he would not like for someone to turn the 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * City of Palm Desert down if it ran into a problem and needed to borrow a shuttle from someone else. He added that he agreed with Councilman Kelly that one shuttle is not enough for the City during the season. Councilman Spiegel moved to, by Minute Motion, approve the request from the City of Laguna Beach to borrow the City of Palm Desert's shuttle for two months, with the stipulation that it be returned in the same condition it is in now. Motion was seconded by Kelly and carried by unanimous vote. 2. Mr. Drell introduced Mr. Martin Alvarez, the City's new Planning Technician. He said Mr. Alvarez grew up in the Coachella Valley and graduated from Palm Springs High School. He then graduated from Cal Poly San Luis Obispo and has now returned to the Valley. B. CITY ATTORNEY Mr. Erwin noted the items listed on the Agenda for Closed Session and asked that the Council add an item pursuant to Government Code Section 54956.9 (a) dealing with the Chazan litigation. Councilman Spiegel moved to add this item to the Agenda. Motion was seconded by Kelly and carried by unanimous vote. 1) Report and Action on Items from Closed Session Made at This Meeting. None 2) RQuest for Closed Session 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: Initiation of litigation pursuant to subdivision (c): Number of potential cases: 1 C. CITY CLERK 1. Mrs. Gilligan noted that John Nagus, the City's new Community Arts Manager, was starting work on Monday, July 15th. She stated that he came to us with experience from Seattle and Vancouver. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2. Mrs. Gilligan noted that with regard to the remodel of the Administration Building lobby area, construction would start on August 15th, with tearing up of the floor area to be done on the weekend. She added that it was scheduled to be completed by September 15th. D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: None o City Council Committee Reports: None XIV. ORAL COMMUNICATIONS - B None Councilman Spiegel moved to adjourn the meeting at 5:25 p.m. to Closed Session, said Closed Session to be held immediately following the Redevelopment Agency meeting. Motion was seconded by Kelly and carried by unanimous vote. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XVI. ORAL COMMUNICATIONS - C None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS None XVIII. PUBLIC HEARINGS A. 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 and June 27, 1996). With Council concurrence, this matter was continued to the meeting of August 22, 1996. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT With Council concurrence, Mayor Snyder adjourned the meeting at 7:20 p.m. WALTER H. SNYDER, MA R ATTEST: u Cidta SHEILA R. GLLIGAN U DIRECTOR OF COMMUNITY AFFAIRS/CITY CLERK 17