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HomeMy WebLinkAbout1996-11-14MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, NOVEMBER 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Snyder convened the meeting at 4:08 p.m. H. PLEDGE OF ALLEGIANCE - Councilman Buford A. Crites III. INVOCATION - Councilman Robert A. Spiegel IV. ROLL CALL Present Councilmember Jean M. Benson Mayor Pro-Tem Richard S. Kelly Councilman Robert A. Spiegel Mayor Walter H. Snyder Excused Absence: Councilman Buford A. Crites Also Present: Ramon A. Diaz, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, Director of Community Affairs/City Clerk John Wohlmuth, ACM/Director of Administrative Services Richard J. Folkers, ACM/Director of Public Works Carlos L. Ortega, Redevelopment Agency Executive Director Phil Drell, Director of Community Development Paul Gibson, City Treasurer/Finance Director Lisa Constande, Environmental Conservation Manager Mary P. Gates, Deputy City Clerk V. ORAL COMMUNICATIONS - A MRS. BARBARA BOWIE, Principal Librarian, updated the Council relative to the Palm Desert Library, noting the following information for the month of October: 634 new library cards issued - 22,878 items checked out (96% increase over October 1995 at the Portola location) - 46% of the circulation was for children and youth materials MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 480 children attended eight programs - 27 volunteers gave 337 hours of volunteer work - door counters indicated 26,305 individuals came through the doors of the building 23 community groups made use of the community room, with 16 using the seminar room. Upon question by Mr. Diaz, Mrs. Bowie noted that the Franklin Hayes Marionettes would be performing in the Library's Community Room on Saturday, November 16th. She said there was a similar performance in La Quinta earlier this year, and it was well -received. She added that she expected a full house of approximately 225 people and that the Library Committee would have tee shirts available for sale. Mayor Pro-Tem Kelly presented golf cart pins to members of Boy Scout Troop 168 who were attending the Council meeting to fulfill one of the requirements to receive their merit badges for communications. A representative of Imperial Irrigation District addressed the Council on behalf of the Board of Directors to urge that the Council consider directing its member of the Sunline Services Group to vote no on that organization's Memorandum of Understanding (MOU). He noted the District's resolution passed on October 22, 1996, which indicated that the District's assets are not for sale and that it would vigorously oppose any attempts to overtake Imperial Irrigation District. Ms. Rosemary Gonzalez of Imperial Irrigation distributed copies of the District's brochure relative to public power and the role of public power on deregulation. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of October 24, 1996. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 27, 28, 29, 30, and 32. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#317) by Curtis W. DuBois, Jr., in the Amount of $40.00. D. Rec: By Minute Motion: 1) Deny the claim and refer the Claimant to the contractor, Granite Construction; 2) direct the City Clerk to so notify the Claimant. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Shou Wing Lam for China Garden Restaurant, 73-196 Highway 111, Palm Desert. Rec: Receive and file. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Fine Quality Foods, Inc. for Papa Dan's, 73-131 Country Club Drive, #C-9, Palm Desert. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by LeDonne Cucina Italiana, Inc., for LeDonne Cucina Italiana, 72-624 El Paseo, #C-7, Palm Desert. Rec: Receive and file. G. MINUTES of Promotion Committee Meeting of September 17, 1996. Rec: Receive and file. H. MINUTES of Civic Arts Committee Meetings of July 8 and September 9, 1996. Rec: Receive and file. I. MINUTES of Art -In -Public -Places Subcommittee Meetings of July 17 and September 18, 1996. Rec: Receive and file. J. RESOLUTION NO. 96-69 - 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 Office of the City Clerk that have been Microfilmed. Rec: Receive and file. K. I .FTTER QF RESIGNATION from Mr. Stuart A. Smith from the Palm Desert Community Library Committee. L. Rec: Accept with sincere regret. I.r,l itK OF RESIGNATION from Mary Kucala from the Palm Desert Parks & Recreation Commission. Rec: Accept with sincere regret. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * M. REQUEST FOR APPROVAL of Charitable Contributions/Outside Agencies Committee Recommendations for Funding in Accordance with the 1996/97 Budget. Rec: By Minute Motion, approve the Charitable Contributions/Outside Agencies Committee recommendations for funding in accordance with the 1996/97 budget for July 4th Greater Desert Fireworks and authorize the Mayor to execute the agreement between the City and said agency. N. REQUEST FOR AWARD OF CONTRACT to MuniFinancial for Consultation and Implementation of Strategies Necessary to Comply with Proposition 218 (Contract No. C12060). 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. O. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C11000 - Curb and Gutter and Cross Gutter Repair Program (Project No. 753-96). Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $13,357.23; 2) authorize the transfer of $13,537.23 from contingency to base. P. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C11240 - Citywide Sidewalk Grinding. Q. Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $7,582.00 to Contract No.1124Q; 2) appropriate $5,542.00 from Account No. 110-4310-433-3320 to the subject contract. REQUEST FOR ACCEPTANCE OF WORT{ for Contract No. C 11000 - Curb and Gutter and Cross Gutter Repair Program (Project No. 753-96). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion on the subject project. R. REQUEST FORA CEPTAN .E OF WORT{ for Contract No. C1105Q - 1996 Street Resurfacing Program (Project No. 762-96). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion on the subject project. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * S. REOUEiTFOR_ACCEPTANCE OF WORK for Contract No C11320 - Emergency Vehicle Pre-Emption Systems (Project No. 559). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion on the subject project. T. CONSIDERATION of Memorandum from City of Bellflower Relative to Its Resolution Opposing the Smog Check II Program and Requesting that the Governor and State Legislature Repeal the Smog Check II Program. Rec: Refer to staff for report and recommendation. U. REQUEST FOR APPROPRIATION for Library T-Shirts. Rec: By Minute Motion, appropriate $2,500 to Account No. 110-4416-414-3060 for the purchase of children's t-shirts for the Palm Desert Library. Councilman Spiegel asked that Item N be removed for separate discussion under Section IX, Consent Items Held Over, of the Agenda. Upon motion by Kelly, second by Spiegel, the remainder of the Consent Calendar was approved as presented by unanimous vote of the City Council. VII. RESOLUTIONS None VIE. ORDINANCES For Introduction; A. ORDINANCE NO. 818 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 2.28.010 OF THE CODE OF THE CITY OF PALM DESERT TO ESTABLISH COMPENSATION FOR MEMBERS OF THE CITY COUNCIL EFFECTIVE DECEMBER 1, 1997. Councilman Spiegel moved to continue this matter to the meeting of December 12, 1996, so that the full Council is present for the discussion. Motion was seconded by Kelly and carried by unanimous vote. Councilmember Benson noted that she would be bringing up an additional item under Council Reports and Remarks. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * For Adoption: None IX. CONSENT ITEMS HELD OVER N. REQUEST FOR AWARD OF CONTRACT to MuniFinancial for Consultation and Implementation of Strategies Necessary to Comply with Proposition 218 (Contract No. C12060). Councilman Spiegel questioned what the City would be getting for the $28,900 contract amount. MR. DON WEBER, MuniFinancial, stated that the City would get a complete review of each and every revenue source currently in the City. This would be weighted against the requirements of Proposition 218, and the City would be provided with a complete and comprehensive specific implementation plan with the goal of retaining those revenue sources while continuing to provide service at the current level. Councilman Kelly asked that it also include what the City needs to do on future proposals to abide by Proposition 218 and to carry on the requirements of the City. Councilman Spiegel moved to, by Minute Motion, award a contract for services in the amount of $28,900 to MuniFinancial of Temecula, California, in light of the voters' approval of Proposition 218 on November 5, 1996, and the impact it will have upon the City's revenue situation, said services provided by MuniFinancial to include strategies to develop specific implementation plans for Council's consideration and action. Motion was seconded by Benson and carried by unanimous vote. Councilman Kelly noted that the League of California Cities had a meeting scheduled for November 20, 1996, and Mr. Weber stated that MuniFinancial would be there to represent Palm Desert. He added that they would also be going to meetings on January 14 and 15, 1997. Councilman Kelly stated that he felt it would be a good idea to also send a staff person because of the importance of Proposition 218. Mrs. Gilligan noted that she and the Deputy City Clerk would be attending a conference in San Diego and that this topic had been added to the agenda for that conference to discuss Proposition 218's impacts on elections. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * X. NEW BUSINESS A. REQUEST FOR CONSIDERATION OF CITY REPRESENTATION ON POWER CONSUMER ADVISORY COMMI i i r.t. Mr. Diaz noted the memorandum in the packets from Imperial Irrigation District (IID) requesting one to three individuals to serve on the advisory committee and provide input to HD in terms of the issue of providing power, etc. He said staffs recommendation was that if this is done, one of the three individuals should be a member of the Council. Upon question by Councilman Spiegel relative to why Palm Desert would want to have a representative on l 1Ys Board, Councilman Kelly noted that there was some IID territory within the City of Palm Desert. He added that if Council agrees, an item could be put on the Agenda relative to deregulation, and Council could give direction and perhaps Palm Desert could go out and do an RFP. Councilmember Benson suggested waiting for the Sunline vote to see if they will be sending the matter to CVAG. Mr. Diaz stated that the Council had previously given him direction to contact the City of La Quinta to see if it would join Palm Desert in the cost of a study. He added that he had spoken with La Quinta City Manager Tom Genovese who indicated La Quinta would be interested in joining Palm Desert in a study if we decide to go ahead with it. Councilman Kelly and Mayor Snyder volunteered to serve on the advisory committee. MS. ROSEMARY GONZALEZ, Imperial Irrigation District, stated that the President of the Board had agreed to designate one representative for each of the cities that submit names. She said the City of Palm Desert could submit more than one name if desired. Councilman Spiegel asked whether a member of staff should also be there since the memorandum requested from one to three people. Mr. Diaz responded that this could be determined after the first meeting and that staff would be there if requested. Councilman Spiegel moved to, by Minute Motion, direct staff to submit Councilman Kelly's name as the City's representative to IID's Power Consumer Advisory Committee. Motion was seconded by Benson and carried by unanimous vote. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING * * * * * * * * * * * * * * * * * * * NOVEMBER 14, 1996 * * * * * * * * * * * * * B. REQUEST FOR CONSIDERATION OF AMENDMENT TO PROGRAM AT 111 TOWN CENTER TO PERMIT WORLD ILLUMINATED SIGN ON THE NORTH ELEVATION FACING Case No. 1341SA (Architectural Neon & Sign Co., Applicant). THE APPROVED SIGN GYM TO INSTALL AN FRED WARING DRIVE, Mr. Steve Smith reviewed the staff report, noting that when the sign program was approved many years ago, the stipulation on the Fred Waring side of the building was that the sign not be illuminated. He said World Gym appeared before the Architectural Review Commission and requested approval of channel letter signs in their trademark red color. The Commission felt it would be quite bright and expressed concern that there was a residential community across the street — One Quail Place. The Commission recommended that World Gym be allowed illuminated signage but that it be a reverse channel, halo lit sign. He added that Mr. Gary Wright was at the meeting to make a case for the illuminated sign. Upon question by Councilmember Benson relative to removal of the sign on the east side, Mr. Smith stated that the sign facing the parking lot on Town Center Way was permitted using channel letters. He said the only one not allowed was on the north side. Councilmember Benson stated that there was a sign on Town Center Way now. She asked if it would come down, and Mr. Smith responded that it would not. Councilman Spiegel asked whether this had been discussed with the people at One Quail Place, and Mr. Smith responded that this had not been done. Councilman Spiegel expressed concern with the Council approving the sign and then receiving feedback from people at One Quail Place because they did not receive notice. Mr. Diaz stated that the approval could be conditioned. Councilman Spiegel moved to, by Minute Motion, affirm the recommendation of the Architectural Review Commission that the sign program restrictions be amended to permit a reverse channel letter sign on the north elevation facing Fred Waring Drive, with the condition that the approval could be revisited if the City receives feedback from the residents of One Quail Place. Motion was seconded by Kelly. MR. GARY WRIGHT, Architectural Neon, stated that if there is a problem with One Quail Place, a dimmer can be placed on the sign to mitigate those concerns. He said he could do reverse channel letters on the "World Gym" portion of the sign; however, the lower portion in black and white would be difficult to do in reverse channel. He said he could dim it to about 1O% and keep the channel letters to make it consistent with the rest of the center. He added that the trees at that location would also block out a lot of the light. Councilmember Benson stated that she was surprised that the applicant had requested three neon lights on the building and said she could see no reason to have three on one small building. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Wright stated that this applicant had the entire Pad 9 with 13,000 square feet. He said it has three faces, and the applicant was allowed a sign on each face. Upon question by Councilmember Benson, he responded that a permit was needed because of the original stipulation eleven years ago that restricted signage facing Fred Waring Drive to be non - illuminated. Councilman Spiegel stated that his personal feeling was that the Council approve the recommendation of the Architectural Review Commission and go with the halo lights, with the stipulation that if the Council receives complaints the approval can be revisited. Mayor Snyder called for the vote. The motion carried by a 3-1-1 vote with Councilmember Benson voting NO and Councilman Crites ABSENT. C. REQUEST FOR APPROPRIATION OF FUND$ FOR SPONSORSHIP OF THE RIVERSIDE COUNTY FAIR AND NATIONAL DATE FESTIVAL. Mr. Diaz noted the report and letter in the packets and stated that the Cities of Coachella and Indio had already committed to sponsorship as had Temecula and other cities. Staff's recommendation was to approve the appropriation of funds in the amount of $10,000. He noted that staff felt this was a County -wide event, not just regional, and the County had agreed that if at some time the City of Palm Desert needed some kind of study, they would provide it as a service. Councilman Spiegel stated that Section 3 of the agreement discussed a sponsorship program and benefits to be provided to sponsors, including a sponsor booth, and he asked whether Palm Desert would have such a booth. He also questioned the fifty single -day admission tickets and VIP seating and stated that he did not really understand what this was all about. Mr. Diaz responded that these were benefits the City would receive for sponsorship; they can either be. turned down or given to a non-profit organization or perhaps the Chamber of Commerce or Senior Center to disburse. Councilman Spiegel said that while he felt the name identification as a sponsor would be good to advertise the City and was in favor of the sponsorship, he felt it was important to look at what would be done with the "perks". Councilman Kelly said he was in favor of this sponsorship because it is a County Fair that is held in the Coachella Valley. Councilmember Benson said she was also in favor of the sponsorship, especially for the first year, and said she would be interested in seeing how many cities come forward to contribute. She said perhaps it should be on a pro-rata basis to that all cities have to contribute. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly moved to, by Minute Motion: 1) Appropriate funds from the Unobligated General Fund in the amount of $10,000 for sponsorship of the Riverside County Fair and National Date Festival; 2) request that staff bring back a recommendation as to what should be done with the extra benefits; 3) ask staff to look at the Board of Directors for the Date Festival to see whether there is a citizen from Palm Desert on it. Motion was seconded by Spiegel and carried by unanimous vote. D. CONSIDERATION OF REQUEST FROM NOTRE DAME CLUB OF PALM SPRINGS FOR WAIVER OF CLEANING FEE AND DEPOSIT FOR USE OF THE COUNCIL CHAMBER TO HOLD HESBURGH LECTURE SERIES. Mr. Diaz noted the report in the packets and recommended approval of the waiver of cleaning fee and deposit. He said the event was not for fund-raising except for a brief reception afterward, and those funds would go toward scholarships. He noted that the current president of the Notre Dame Club was from Palm Desert, and this would further illustrate the City's support for this type of cultural activity and event. He said the lecturers would be professors from Notre Dame, and the series would be provided at not cost to citizens of Palm Desert. He added that Palm Desert would be given notoriety for the lectures. He said the dates would have to be worked out with the City Clerk's Office. Upon question by Councilman Spiegel as to how many lectures there would be, Mr. Diaz responded that this would have to be worked out. He said there would initially be one lecture but that he would prefer to see them be every month or quarterly. Councilmember Benson moved to, by Minute Motion, approve the request and waive the cleaning fee and deposit. Motion was seconded by Spiegel and carried by unanimous vote. E. 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 the progress of these interchanges. 2. Progress Report on Retail Center Vacancies Mr. Diaz stated that the World Gym facility was moving forward at the 111 Town Center and that later in the evening the Best Buy signage would be back before Council. If approved, they will proceed with occupying that facility in the 111 Town Center. He added that the committee was continuing to work with people with project ideas for the Palms to Pines Center. He added that the committee met last week with the Palm Desert Town Center people to discuss future mall expansion. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * *. * * * * * 3. Update on Coachella Valley Association of Governments (CVAG) Proposed Regional Transfer Station Joint Powers Agreement (JPA). Mr. Wohlmuth noted in the information report in the packets and stated that staff was requesting that the Council hold a Study Session on November 21, 1996, to go over all of the Materials Recovery Facility (MRF) issues. He said that Council had previously directed staff to come back with a report on what other cities in the Coachella Valley are doing in terms of the projects and commitments to a regional MRF and in terms of alternatives to a transfer facility. He said staff would be prepared to make that report on November 21 st. Councilman Kelly asked whether staff planned to invite Waste Management to that meeting, and Mr. Wohlmuth responded that Waste Management and all of the other cities involved would receive the report and would be invited to the meeting. Councilman Spiegel asked whether Council would be expected to vote on this issue, and Mr. Wohlmuth responded that this would be a Study Session only with no vote requested. Additional discussion ensued following discussion of the Urban Forester Contract as follows: Ms. Constande stated that the MRF Task Force had asked all jurisdictions represented to go back to their respective City Councils and put to them the question regarding voting. She said the question was "If your agency decides to join the JPA, how do you think the voting should be structured?" She said the City of Indio felt if agencies join the JPA agreement, the voting should be by tonnages, and each city would get a vote for every 10,000 tons they have. She said if a city is under 10,000 tons, it would be guaranteed one vote. She noted that the Cities of Indian Wells, La Quinta, Rancho Mirage, and Cathedral City were on the record stating it should not matter how many tons of trash a city has and that each jurisdiction that is a member of the JPA should be allowed one vote. Councilman Spiegel said he would agree with one vote for each city if every city paid the same amount for the station; however, if cities pay more for the station, they should get more votes. Councilman Kelly noted that Councilman Crites favored weighted voting. Upon question by Councilman Spiegel relative to whether the Council needed to vote on this issue, Ms. Constande responded that it would be helpful if the members of the Task Force had a consensus from the Palm Desert City Council. Councilman Kelly stated that this was another case of the City Council trying to decide something without knowing who the players will be. He said he felt Palm Desert 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * *.* * * * * should take the position of not voting on this issue until it knows who the players are. He added that this matter would be discussed the following week by the Council in a study session. Ms. Constande stated that there were two proposers who were slated to come before the Council with their designs and ideas for the facility. She said part of looking at the facility was looking at the agreement which would technically still be in draft form when it comes to the Council. Councilman Kelly noted that the larger cities are going to want weighted voting, while smaller cities will want one vote for each city. Councilmember Benson stated that if this was going to be under a JPA, she felt there should be one vote for each city. Councilman Kelly stated that there were ways around this and that he felt it was important to have the study session to discuss these matters. Ms. Constande stated that she would take to the Task Force the information that the City of Palm Desert is undecided and would like to see who the players are before making a decision. NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM AND POSTED 72 HOURS PRIOR TO THE MEETING. F. REQUEST FOR APPROVAL, OF CONTRACT WITH SUNLINE TRANSIT AGENCY FOR THE OPERATION AND MAINTENANCE OF THE SHOPPER HOPPER FOR THE PERIOD OF NOVEMBER 19, 1995, THROUGH MAY 31, 1997. Mr. Diaz -noted the report in the packets and stated that Ms. Constande was available to answer any questions. Councilman Spiegel moved to, by Minute Motion, authorize staff to enter into a contract with Sunline Transit Agency for the operation and maintenance of the Shopper Hopper for the period of November 19, 1996, through May 31, 1997. Motion was seconded by Kelly and carried by unanimous vote. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XI. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 5 TO CONTRACT NO. C09700 - MONTEREY AVENUE BRIDGE AT THE WHITEWATER CHANNEL - PROJECT NO. 696-95, (Continued from the Meeting of October 24, 1996). Mr. Folkers reviewed the staff report and recommendation to proceed with the landscaping as soon as possible and work on getting a contract to put in sidewalk. He asked that the Council authorize the City Clerk to advertise and call for bids for the sidewalk. Councilman Kelly asked if golf carts would be provided for. Mr. Folkers responded that there would be a striped golf car lane on the street; however, there was a problem putting a golf cart lane further north because the space narrows between the wall and the trees, and the intent was to carry just the six-foot sidewalk on both the north and south sides. He said another problem was that the southbound direction was in the City of Rancho Mirage, and it was still necessary to work out what Rancho Mirage is going to do. He stated that Mr. Diaz had spoken with the Rancho Mirage City Manager and that he himself had spoken with the Public Works Director, but the Rancho Mirage City Council had yet to take action. He said it was his understanding this would not be up for discussion until December. He said staff would prefer to go with six-foot sidewalk on both the north and south sides of the bridge; with regard to golf carts, this was one area that staff felt there would not be sufficient utilization. Councilman Kelly asked whether staff had considered a combination sidewalk/golf cart lane on the east side. Mr. Folkers responded that staff had looked at that; however, one of the concerns was that quite a few trees would have to be moved north of the bridge. He noted that if staff worked with the City of Rancho Mirage, and if the City of Rancho Mirage were willing to do so, there could be a golf cart lane from Gran Via down to the City of Palm Desert's limits. Councilman Kelly stated that there was a signal and a gate for Monterey Country Club on the south side of the bridge, and he suggested that staff just get the City of Rancho Mirage to help from that signal south. Mr. Folkers responded that there was sufficient space with the laneage that is there to stripe a bicycle/golf cart lane from the signal at Rancho Las Palmas/Gran Via down to the City boundary by the Temple. He said this was just a matter of whether the City of Rancho Mirage was willing to assist, and staff could discuss this with them. Councilman Spiegel stated that he had been advised that the residents of Rancho Mirage were investigating the possibility of putting a card gate on Magnesia Falls and using that as a way to get into the City. He asked if staff had heard of this. Mr. Folkers responded that when the large storm drain was being put in, staff had that gate closed down and had provided an opening on Magnesia Falls. He said staff had offered to make an enhanced gate for them, but they said they did not want it; therefore, the window of 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * opportunity closed, and staff went with the City of Rancho Mirage wishes. He said if something was going to be done now, it would cost a lot of money when it could have been done as part of the City's project at no cost. Councilmember Benson questioned the landscaping on the west side of Monterey Avenue and the houses that were really exposed now that were not so exposed before. She asked what would be done along this area. Mr. Folkers responded that the landscaping plan had been reviewed by both homeowners groups, and there would be high shrubs and trees installed. He said the intent was to try and buffer the area as much as possible. He said his understanding was that Rancho Las Palmas was considering possibly raising some walls on their side. Councilman Spiegel asked if this would add any dollars to the total amount agreed upon by the Council. Mr. Folkers stated that staff was requesting authorization to use the money for the sidewalk from the master sidewalk program. Councilman Kelly stated that the third recommendation on the staff report noted an eight -foot sidewalk along the east side of Monterey Avenue between Gran Via and Avenida del Sol. Mr. Folkers stated that staff had originally recommended an eight -foot sidewalk; however, after doing a cost estimate, staff found there was a difference of approximately $30,000 between a six-foot and an eight -foot sidewalk. He said staff would prefer to go with a six-foot sidewalk because two people could walk side by side, and the additional money could be used elsewhere in the City. He added that this would be compatible with what is currently installed south of Gran Via. Councilman Kelly stated there was more space from Gran Via south on the east side than there is on the north side. He suggested installing a two-way sidewalk there where people could come out of Monterey Country Club at that gate and go down the east side to get to the Civic Center Park and the College of the Desert. Mr. Folkers stated that from the south traffic signal, there is approximately a six-foot sidewalk on the east side that has already been put in; however, it is not wide enough for a golf cart. Councilman Kelly stated that he was in favor of landscaping the area and making it look nice, but he did not think the City should scrimp on a little bit of money that might make a big difference in what is installed. Councilmember Benson suggested approving the staff recommendation subject to Councilman Kelly's review. Mr. Diaz suggested that the Council continue the third recommendation as stated in the staff report until the meeting of December 11, 1996. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Erwin suggested that the Council approve bidding the six-foot vs. eight -foot as alternates in the bid. Councilman Kelly moved to, by Minute Motion: 1) Approve Change Order No. 5 reducing the amount of E.L. Yeager's construction contract by $127,927.00 for landscape pay items 41 through 51 inclusive; 2) authorize the City Clerk to advertise and call for bids for landscaping on Monterey Avenue and Whitewater Channel All -Weather Bridge Project No. 696-96 (Contract No C12030); 3) authorize the City Clerk to advertise and call for bids for construction of both a 6-foot sidewalk and an 8-foot sidewalk along the east side of Monterey Avenue between Gran Via and Avenida Del Sol using Master Sidewalk Program Funds (Contract No C1208). Motion was seconded by Spiegel and carried by unanimous vote. XII. OLD BUSINESS A. CONSIDERATION OF APPROVAL OF AN EXCEPTION TO THE EXISTING SIGN PROGRAM FOR BEST BUY (SIGN TYPE, HEIGHT ON WALL, AND NUMBER OF APPROVED COLORS) AT THE FORMER ONE ELEVEN TOWN CENTER ON THE WEST SIDE OF TOWN CENTER WAY BETWEEN HIGHWAY 111 AND FRED WARING DRIVE, Case No. PP 86-28 Amendment #2 (David Geiser, c/o MCG Architects, Applicant). Mr. Diaz noted the renderings of the sign program. He said there were no variances required to the City's ordinance at this time and that the program met all of the City's code requirements. He stated that Mr. Smith was available to answer any questions. Mr. Smith stated that with the exception of color and height, everything would meet the City's sign code. He said the building height itself was within code and that the color and size of the wedge were an issue with the Council at the last meeting. Since that time, the wedge has been reduced, bringing everything else down proportionately. He said the wedge was now at 35 feet and that the sign, pursuant to ordinance, would be limited to a height of 20 feet. He said the issues before Council at this meeting were the height of the sign and the two colors, the yellow and the black lettering. He noted that a representative of Best Buy would show the Council the materials that were presented to the Architectural Review Commission. Councilman Spiegel asked whether Best Buy was a registered trademark, and Mr. Smith responded that he could not speak to this issue but that the Best Buy representative could address that question. Councilman Spiegel moved to, by Minute Motion, approve the exception to the sign program (sign type, height and wall sign, and additional colors) for use by Best Buy only and approve the architectural plans as recommended for approval by the Architectural Review Commission. Motion was seconded by Kelly. Councilmember Benson expressed concern that the sign was facing the parking lot. She said she would not like to see a sign on the back of the building at this time. She said it would not even show from Highway 111, and she did not see the need for a sign across Highway 111 as 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * large as the one in the front. She said she was not saying it could not be there at some point but she would like to see if it is needed first. Councilman Spiegel stated that he assumed Best Buy would be identified on the monument sign at the entrance to the center on Highway 111, and Mr. Smith stated that he would expect this to be done. MR. DAVID GEISER, MCG Architects, reviewed the requested sign program. He said the intent was to have the sign visible through the trees from Highway 111. Councilmember Benson stated that if the Council allows the sign at the back for this building, every other building along there is entitled to a back sign also, and that would detract from the center. She said she felt this would ruin Highway 111 and that there was no need for such a sign. She added that trees had been planted along Highway 111, and it had taken almost ten years to grow enough to hide the loading areas for this center. Councilman Spiegel stated he felt this company would be a major company in the City of Palm Desert, and they anticipated doing in excess of $30 million the first year, with a benefit to the City of more than $300,000. He said he could see down the road if some small business came in and wanted to put a sign on the back, he would be opposed to it; however, in this case he would not be opposed to a sign on the back of the building. Mayor Snyder called for the vote. The motion carried by a 3-1-1 vote, with Councilmember Benson voting NO and Councilman Crites ABSENT. B. REQUEST FOR APPROVAL OF URBAN FORESTER CONTRACT (Contract No. C12090). Ms. Constande noted the report in the packets and offered to answer any questions. Councilman Spiegel questioned the beginning amount of $80,000 which would then be increased to $85,000 after six months, and he asked what the City would be getting for this. Ms. Constande responded that the City would get 2,080 hours of a certified arborist who is nationally known throughout the country and in good standing with the City of Seattle for 22 years. She said the arborist would be coming to the City of Palm Desert not only to work on the City landscaped areas but also to train and educate City employees on proper tree care. She said he would also be a resource for all the contractors in the Valley to learn how to care for their trees and would also be putting on workshops for residents on how to landscape and how to pick a good contractor for trees. Councilman Kelly noted that there had been problems with landscape requirements and followup to make sure developers have done as agreed. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Spiegel asked whether the Urban Forester would also have meetings with citizens, and Ms. Constande responded that he would be at the disposal of businesses, organizations, individual homeowners, and contractors. Councilmember Benson expressed concern with the $80,000 figure and said it was her understanding that the Council was approving $50,000. Ms. Constande stated that at the budget session, the Council appropriated $50,000 for this; at the last meeting, Council authorized staff to negotiate. Based on those negotiations, it was necessary to appropriate an additional $36,000 for the first year of the contract. She noted that the current part-time landscape contractor on staff at the City was receiving $50.00 per hour, and this position would receive a rate of $38.46. She added that it was standard for this position. Councilman Kelly asked whether this position would take over what Eric Johnson is doing. Ms. Constande responded that this position would not replace Mr. Johnson. She said Mr. Johnson reviews plans by the developer; after they are approved, they need to have someone who will step in and make sure they will work. Councilmember Benson stated that the Council was not talking about paying this kind of money. She said it was also to be a part-time position. She added that this amount did not include expenses. Ms. Constande responded that the amount did include $6,000 annually for expenses. She added that when the Urban Forester works on behalf of the Redevelopment Agency, the City will be reimbursed for his services. Councilman Kelly stated he felt there were some reservations among the Councilmembers, and he said he was reluctant to take action without Councilman Crites being present. Councilman Kelly moved to continue this matter to the meeting of December 12, 1996. Motion was seconded by Spiegel and carried by unanimous vote. XIII. REPORTS AND REMARKS A. CITY MANAGER Mr. Diaz asked that two items be added to the Agenda for discussion and action: 1) A report from Risk Manager Ken Weller relative to the automatic defibrillator program; 2) an item regarding support or opposition for the three -trailer trucks. Councilman Spiegel moved to add these items to the Agenda. Motion was seconded by Kelly and carried by unanimous vote. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1. Mr. Diaz stated that this first item was a request from Californians for Safe Highways. He said there were attempts being made to allow three -trailer diesel trucks on State highways. He said this group was opposing that, and staff concurred that the trucks do present a danger and had other deleterious effects on the highways that the two -tractor trucks do not. He said this group was requesting that the Council take formal action to go on record as opposing the use of three -trailer trucks and that the proposed demonstration project in San Bernardino County not take place. Councilman Spiegel moved to, by Minute Motion, approve staffs recommendation as outlined by Mr. Diaz. Motion was seconded by Kelly and carried by unanimous vote. 2. Mr. Diaz noted a memorandum from Risk Manager Ken Weller relative to the automatic defibrillator program. He said the Volunteer Fire Association had received a grant but needed $2,900 in matching funds from the City in order to get that grant. He said this would be to provide one automatic defibrillator at one station. He added that as indicated in the memorandum, the cost to purchase units at the two other stations would be $11,600. He added that if Council wishes, staff could come back at the January meeting with a request for the other two units as part of the budget process. Battalion Chief Dennis Dawson stated that this equipment was to start a person's heart that has stopped. He said this would be more for the lay person and would not really require a trained paramedic to use. He said this would also be added to the equipment replacement schedule as part of the 1997/98 Cove Commission budget. He added that after the initial purchase, it would be supported through the Cove Commission. Councilman Spiegel moved to, by Minute Motion, approve $2,900 in matching grant funds for the one defibrillator and approve the purchase of two additional units in the amount of $11,600. Motion was seconded by Kelly and carried by unanimous vote. B. CITY ATTORNEY 1) Report and Action on Items from Closed Session Made at This Meeting. 2) Request for Closed_Session Mr. Erwin noted the items listed on the Agenda for Closed Session and asked that the Council also add one item of property acquisition pursuant to Government Code Section 54956.8 and an item of pending litigation under Section 54956.9(a) (Pedersen vs. City of Palm Desert, Riverside County Superior Court, Case No. 078822). Councilman Spiegel moved to add these two items to the Agenda for discussion in Closed Session. Motion was seconded by Kelly and carried by unanimous vote. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Conference with Legal Counsel - Existing Litigation pursuant to Section 54956.9(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: 3_ Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: Property: 73-975 Shadow Mountain Drive APN: 627-351-039 Negotiating Parties: City: Philip Drell Property Owner: Denise Roberge Under negotiation: Price Terms of Payment Public Employee Performance Appointment pursuant to Section 54957 Title of Position to be Filled: Business Support Manager C. CITY CLERK 1. Mrs. Gilligan stated that staff had almost completed the process for committee application review. She said several people had attended various committee and commission meetings and completed their questionnaires. She noted that a meeting had been scheduled with the Mayor, City Attorney, City Manager, and City Clerk with these applicants for 7:00 p.m. on Wednesday, December 4, 1996, to brief them on what it is to be a committee member, what requirements there are with regard to the City's own code and the State law, etc. She said staff would then turn over the names of those individuals who have fulfilled that obligation to the Council subcommittee of Benson and Crites for review and recommendation to the Council for appointments to be made at the first meeting in January. Councilman Spiegel asked whether the Council would be interviewing individuals. Ms. Gilligan responded that this was a decision of the Council but that the process in the past had been for the subcommittee to interview individuals and make recommendations. Councilman Kelly added that Councilmembers had the option of suggesting names of individuals they would like to have interviewed. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * *• * * * * * 2. Mrs. Gilligan thanked the Council for its action to approve the money for the Library t-shirts. She stated that the new Library Committee was very active and had come up with a lot of good ideas for promotion of the Public Library, the t-shirts being one of those ideas. She noted that the shirts were being produced by the Foundation for the Retarded in Palm Desert. D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Request for a Meeting with Imperial Irrigation District with Two Members of the City Council and the City Manager (Councilman Buford A. Crites). Mayor Snyder noted that this matter had been taken care of by the appointment of Councilman Kelly. Ms. Rosemary Gonzales of Imperial Irrigation District stated that this was a separate issue from the Advisory Committee. She noted that consultants were being brought in the following week from out of town and would like to meet with two Councilmembers and the City Manager. Councilmember Benson suggested that Councilmembers Crites and Kelly meet with these consultants. Councilman Spiegel agreed and stated that if one of those two could not attend, he was available to take their place. Council concurred. Mayor Snyder stated that two Councilmembers and the City Manager would attend this meeting. 2. Consideration of Appropriation of City Funds for Purchase of "State of the Art" Computer Equipment for those Councilmembers Who Choose to take Advantage of the New Technology (Councilman Buford A. Crites). Mrs. Gilligan stated that it was her understanding this was placed on the Agenda because, subsequent to the last meeting, Councilman Crites had a change of heart as to the value of having a state-of-the-art computer in the Council area. She said he had requested that this be placed back on the Agenda for reconsideration because he was now in support of it. Councilmember Benson moved to, by Minute Motion, approve the appropriation of monies for the computer to be located in the Council area. Motion was seconded by Kelly and carried by unanimous vote. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * o City Council Committee Reports: 1. Councilmember Benson stated that with regard to auto allowances, she had noted that in all the surveys of various cities, the majority of cities have such allowances. She said this would be something that would be effective as soon as it was passed instead of waiting a year. Mr. Erwin stated that this would be something that would be effective immediately if Council determined to do so. With regard to it being part of a compensation issue, he said that would be something for the Council to determine. Councilman Kelly asked if it would be appropriate to direct staff to include this on the Agenda as part of the compensation issue. Mr. Erwin stated that the Council could do so or could take action at this meeting. He said there was an item the Council continued to its next meeting relative to compensation, and it could be determined to be on the Agenda as part of a compensation package if the Council wished to do so. Councilman Spiegel stated that his comments would be the same as for the first issue, and that was that the full Council was not present. He said he felt this matter should be continued to the next meeting so that all the Councilmembers are present to discuss it. Council concurred, and Mr. Erwin stated that staff would make sure this was included. 2. Councilman Spiegel stated that a news release had been put out by the City/RDA relative to breaking ground on the Gardens on El Paseo project. He said he assumed the local newspaper would have something on the front page because there had been a lot of discussion about whether or not Saks was going in, etc.; however, there was nothing in the front section of the newspaper. He said there was a story in the business section and it indicated that Palm Desert was having problems determining where to put the dirt from construction of the Gardens on El Paseo. He said this was not true. He said the original plan as he understood it was that all the dirt would be used for construction of the overpass at Washington and Highway 10; evidently, they could not take all of that dirt. He said there was plenty of room for the dirt to be put at the Cal State San Bernardino location at Frank Sinatra and Cook Street, and they were willing to accept the dirt at that location. He added that this would be a good thing to help the topography of the campus. 3. Councilman Spiegel stated that when the Library Committee.was put together, it was set up with five members. He said he felt five was a very small group 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * to get a lot of things done, and he would like for the Council to first consider an additional member and then to appoint Gayl Biondi because she is chair of the Friends of the Library Committee. Councilman Kelly moved to add this item to the Agenda. Motion was seconded by Snyder and carried by unanimous vote. Mrs. Gilligan noted that there had been a resignation from that committee. Councilman Kelly stated that he felt it would be better to have seven members on this committee. Councilman Spiegel moved to increase the membership of the Library Committee to seven and appoint Gayl Biondi to one of those positions. Motion was seconded by Kelly and carried by unanimous vote. 3. Councilman Kelly reported that several months ago the Council approved sponsorship of the Art Center College of Design student competition. He said he was going to be one of the judges. He noted that he had a list of the other judges and that if any of the other Councilmembers wished to judge the competition their name could be added to the list. He said he had already seen preliminary designs from the students and that he felt it was fabulous what the students were doing. Councilman Spiegel stated that he would like to be a judge. Councilman Kelly added that the winners would be brought to Palm Desert to display their designs. XIV. ORAL COMMUNICATIONS - B None Upon motion by Kelly, second by Spiegel, and unanimous vote, Mayor Snyder recessed the meeting at 6:01 p.m. for dinner and Closed Session. He reconvened the meeting at 7:20 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XVI. ORAL COMMUNICATIONS - C None 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO MS. ELIZABETH GREEN IN APPRECIATION OF HER SERVICE ON THE CITY'S PROMOTION COMMI i Mayor Pro Tempore Kelly presented a clock of appreciation to Ms. Green and said the Council was appreciative of all the work she has done over the years. He said Ms. Green was a real asset to the City and would continue to be an asset. Ms. Green thanked the Council and said it had been a pleasure serving the City in this capacity. B. REORGANIZATION OF THE CITY COUNCIL. 1. SELECTION OF MAYOR AND MAYOR PRO-TEMPORE. Mrs. Gilligan declared the office of Mayor vacant and requested nominations for said position. Councilman Spiegel nominated Councilman Kelly for the office of Mayor. Councilmember Benson moved to close the nominations and cast a unanimous ballot in favor of Councilman Kelly. Motion was seconded by Spiegel and carried by a 3-0-1-1 vote, with Kelly ABSTAINING and Crites ABSENT. Mrs. Gilligan declared the office of Mayor Pro Tempore vacant and requested nominations for said position. Councilman Spiegel nominated Councilmember Benson for the office of Mayor Pro Tempore. Mayor Kelly moved to close the nominations and cast a unanimous ballot in favor of Councilmember Benson. Motion was seconded by Spiegel and carried by a 3-0-1-1 vote, with Benson ABSTAINING and Crites ABSENT. 2. COMMENTS BY NEWLY SELECTED MAYOR AND MAYOR PRO-TEMPORE. Mayor Kelly stated that he felt very privileged to have been selected to serve as Mayor and would try to do a good job for the City Council. He said he would give all of the Councilmembers a chance to participate. He congratulated Mayor Pro Tempore Benson and thanked Councilman Snyder for the good job he had done the previous year as Mayor. He said the Council appreciated Councilman Snyder's hard work on behalf of the Council. He added that he looked forward to working with the Council, staff, and the citizens of Palm Desert. 23 NI:MUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Pro Tempore Benson thanked the Council for its confidence in selecting her to serve as Mayor Pro Tempore. She thanked Councilman Snyder for all he had done and congratulated Mayor Kelly on his appointment as Mayor. XVIII. PUBLIC HEARINGS A. S'ONSIDERATION OF DEVELOPER IMPACT FEE REPORT. Mr. Diaz noted the report in the packets and offered to answer any questions. Mayor Kelly declared the public hearing ocn and invited testimony in FAVOR of or OPPOSED. No testimony was offered, and he declared the public hearing closcd. Councilman Spiegel asked how Palm Desert compared with other cities. Mr. Gibson responded that he had not seen reports for other cities. He said he had heard from Cathedral City which had given an initial report to Ed Kibbey from BIA who indicated they didn't include all their fees; Cathedral City subsequently redid its report. He said Mr. Kibbey also had a finding that Cathedral City was not allocating interest to some of the funds, and Cathedral City went back and allocated interest. He said he had not heard anything other than that. He said according to the report in the packets, the City was in compliance. Councilmember Benson asked if this was something that is done every five years, and Mr. Gibson responded that the City would be doing this every five years. He said it was the result of a law written back when AB 1600 was placed into affect but was something that no finance directors in California were doing because they were not made aware of this. He said Mr. Kibbey had gone to all the cities in the Valley and asked that they comply. Councilman Snyder complimented staff for a job well-done. Councilmember Benson noted the amount that was in the fund for the People Mover and acked if this was going to be put someplace else. Mr. Gibson responded that the funds had to be used for the specific purpose; otherwise the money would have to be rebated back to the individuals from whom it was received. Councilmember Benson asked if there was a time limit, and Mr. Gibson responded that the City had five years to use it. Councilman Kelly stated that the People Mover also included buses. Councilman Spiegel moved to receive and file the report. Motion was seconded by Snyder and carried by unanimous vote. 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CONSTDERATIQH OF APPROVAL OF AN AMENDMENT TO SECTION 25.72.130 OF THE PALM DESERT MUNICIPAL CODE RELATING TO THE PROCEDURE FOR REVOKING CONDITIONAL USE PERMITS, Case No. ZOA 96-4. Mr. Diaz noted the report in the packets and stated that Mr. Drell was available to answer any questions. Councilmember Benson expressed concern relative to wording in the first paragraph of Section 25.72.130 which states "Any conditional use permit issued pursuant to the provisions of this title may be modified, discontinued, suspended, or revoked by the Planning Commission upon receiving satisfactory evidence that the permittee has violated any provisions of this title or has failed to comply with the conditions imposed by the conditional use permit." She said if the conditional use permit was causing a public concern after they got in there, this would not be a violation of the conditional use permit but was a public concern that should be addressed. She said she felt there should be something in there to deal with a project if it becomes a public nuisance. She said the same type of thing happened with the restaurants along Palms to Pines when music was added and the doors kept open after the restaurant permit was granted by the City. Mr. Drell stated that there was a standard condition on conditional use permits that they have to comply with all the City's ordinances. He said if a finding is made that a City ordinance is being violated; i.e., noise ordinance or public nuisance ordinance, they would be violating a provision of the title. Mr. Erwin stated that the ordinance could be expanded to cover public nuisance. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. No testimony was received, and he declared the public hearing chiscd. Councilman Spiegel moved to waive further reading and pass Ordinance No. B12 to second reading as amended. Motion was seconded by Snyder and carried by unanimous vote. C. REQUEST FOR APPROVAL, OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, CHANGE OF ZONE FROM OPEN SPACE (NATURAL FACTORS) TO PLANNED RESIDENTIAL (FOUR UNITS PER ACRE) AND TENTATIVE TRACT MAP TO CREATE A 69-LOT SINGLE-FAMILY LOT SUBDIVISION ON 20 ACRES LOCATED AT THE NORTHEAST CORNER OF DEEP CANYON ROAD AND FRED WARING DRIVE, Case No. C/Z 96-5 _ TT28295 (Desert Southwest Developers/Dan Arthofer, Applicant). Mayor Kelly declared the public hearing Dpfx. Mr. Martin Alvarez reviewed the staff report, noting that the site was the location of an out -of - production date grove, the last date grove in the City with the open space designation. He said 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * a new date grove preserve had been established in the Civic Center Park to replace these date preserves. He said the zone change to planned residential would be consistent with existing land uses and the City's general plan designation of medium density residential. He added that the applicant was also requesting approval of a tentative tract map which would create 69 single-family lots on this 20-acre parcel. He said the main ingress/egress point to this project was off of Deep Canyon Road, with a secondary access point on the north perimeter off Moss Rose Road. He noted the Planning Commission had considered this project at its meeting of October 15, 1996; no one spoke in opposition, and the Planning Commission recommended approval of both the tentative tract map and the change of zone. He said staff recommended approval subject to conditions. Councilman Spiegel asked whether the Fire Department had approved this, and Mr. Martin responded that it had been approved by the Fire Department with conditions as outlined in the report. Councilmember Benson questioned the entrance on Deep Canyon and asked how that would line up with Sacred Heart Church. She expressed concern with traffic on Deep Canyon, especially on Sundays with people going into and out of the Sacred Heart Church parking lot. Mr. Drell responded that the entrance was somewhat offset. He noted that at the Planning Commission hearing, a representative of Sacred Heart was in the audience and agreed that there would be no problem. Councilmember Benson stated that this corner had been approved many times in the past and asked whether this was the Ricciardi project. Mr. Drell responded that there had never been anything actually approved, although there had been applications either denied or withdrawn. Councilman Snyder asked what types of setbacks there would be on Fred Waring Drive at the corner of Deep Canyon. Mr. Drell responded that there would be 20-foot setbacks between the curb and the wall. Mayor Kelly asked whether the power poles would be undergrounded, and Mr. Alvarez responded that all of underground utilities would be placed on -site. Mayor Kelly questioned whether an assessment district would have to be done for this project. Mr. Erwin responded that there was a condition that provided for a landscaping and lighting district. Mayor Kelly asked that the City Attorney be instructed to make sure the condition was such that a homeowners association would be formed, with no need for a landscaping and lighting assessment district. Council concurred. 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Erwin stated that there was an additional requirement of maintenance to be the responsibility of the homeowners association. He stated perhaps it would be appropriate that we reserve out that condition until we have a chance to look at it. Mr. Diaz stated that what the City may wish to do is to establish a ghost district in case the homeowners association fails to maintain the project. He said this was the reason the City had gotten into the landscaping and lighting district business initially. Councilman Spiegel stated that this entire matter needed to be looked at, and the City had to come up with a definitive way for these to come to Council from now on. Mr. Diaz stated that staff would come back to the Council with this information. He said he realized the consensus of the Council was to not go with a landscaping and lighting district. Mayor Kelly invited testimony in FAVOR or OPPOSITION to this request, and no testimony was offered. He declared the public hearing closed. Councilman Spiegel moved to, with the stipulation as stated by the Council: 1) Waive further reading and adopt Resolution No. 96-70 approving Tentative Tract Map 28295; 2) waive further reading and pass Ordinance No. 820 to second reading approving the Change of Zone. Motion was seconded by Snyder and carried by unanimous vote. XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Councilman Spiegel moved to adjourn the meeting at 8:45 p.m. to 3:00 p.m. on Thursday, November 21, 1996. Motion was seconded by Snyder and carried by unanimous vote. ATTEST: SHEILA R. GILLIGAN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA RICHARD S. KELLY, MAYO 27