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HomeMy WebLinkAbout1997-05-08MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 8, 1997 CIVIC CENTER COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *********** I. CALL TO ORDER Mayor Kelly convened the meeting at 4:00 p.m. H. PLEDGE OF ALLEGIANCE - Councilman Robert A. Spiegel M. INVOCATION - Mayor Richard S. Kelly IV. ROLL CALL Present: Mayor Pro Tempore Jean M. Benson Councilman Buford A. Crites Councilman Walter H. Snyder Councilman Robert A. Spiegel Mayor Richard S. Kelly Also Present: Ramon A. Diaz, City Manager David J. Erwin, City Attorney Mary P. Gates, Deputy City Clerk Carlos L. Ortega, Executive Director Richard J. Folkers, ACM/Director of Public Works Phil Drell, Director of Community Development Paul Gibson, City Treasurer/Finance Director V. ORAL COMMUNICATIONS - A MR. GORDON JENSEN, Coachella Recreation and Park District Commissioner, presented a check to the City of Palm Desert in the amount of $100,000 to be used for the new sports complex on Hovley Lane. He congratulated the Council for all its work. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Kelly thanked Mr. Jensen and the District on behalf of the entire City Council and citizens of Palm Desert. Mayor Kelly stated that a recent issue of Smithsonian Magazine featured the City's Desert Willow Golf Course on the front cover. He presented a mounted copy of this cover to Contract Manager Rudy Acosta in appreciation of all of his efforts in the creation of this golf course. MR BEN GARCIA, P.O. Box 11177, Palm Desert, addressed Council on behalf of the Desert Chapter of the American Diabetes Association and thanked the City for its contributions and proclamation in the Association's first year in the desert. A gentleman who spoke at the last Council meeting read a prepared statement and stated that he hoped in the future that the Council would reconsider its ordinance relative to control of leaf blowers. He submitted an article from the April 1997 Consumer Reports magazine entitled "The world's quietest power blower?" and a Black & Decker 1997 Outdoor Products Catalog for Council's information (on file and of record in the City Clerk's Office). VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of April 24, 1997. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 57 and 58. Rec: Approve as presented. C. REQUEST FOR APPROVAL of Charitable Contributions/Outside Agency 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 Abraham Lincoln Elementary School, and authorize the Mayor to execute the agreement between the City and this same agency. D. CONSIDERATION of Selection of an Audit Firm to Provide Auditing Services. (Contract No. C12730). Rec: By Minute Motion, approve the audit committee's recommendation to select Diehl, Evans & Company/Oscar J. Armijo, CPA, a Joint Venture, as the firm to provide audit services to the City of Palm Desert, the Agency and component units for the fiscal year ending June 30, 1997, with the option of auditing its financial statements for each of the four subsequent year if the terms and services in the prior year are satisfactory. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Construction of Traffic Signal Communication and Interconnect Improvements at Five Locations (Contract No. C12740). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the installation of traffic signal communications and interconnect improvements at five locations within the City. (Monterey Avenue and Dinah Shore Drive, Monterey Avenue and Country Club Drive, Monterey Avenue and San Gorgonio Way, Fred Waring Drive and Deep Canyon Road, and Country Club Drive at Park Center Drive). F. RFQ LEST FOR AUTHORIZATION to Advertise and Call for Bids for Palm Tree Trimming (Contract No. C12750). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for palm tree trimming. G. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Replacement Vehicles for the Civic Center Inspection Fleet. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for two — replacement pickup trucks. H. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Widening Along the South Side of Hovley Lane between Water Way and Eldorado Drive (Project No. 628-97) (Contract No. C 12710 ). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. I. REQUEST FOR APPROVAL for Traffic Signal Participation at Hams Lane/Senior Housing Driveway and Washington Street by the County of Riverside (Contract No. C12720). Rec: By Minute Motion, approve the participation in a traffic signal at the subject location by the City of Palm Desert at an estimated cost for the City of $32,500.00 J. REQUEST FOR CONSIDERATION of a Traffic Signal at Portola Avenue and Magnesia Falls Drive. Rec: Removed for separate discussion under Section IX, Consent Items Held Over. See that section of the Minutes for Council discussion and action. . 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * K. CONSIDERATION OF REQUEST from Palm Desert Middle School for Waiver of Fees for Use of Amphitheater for Eighth Grade Promotion Ceremony on June 10, 1997. Rec: By Minute Motion, consider the fee waiver request for use of the amphitheater as a contribution to the Palm Desert Middle School. L. REQUEST FOR EXTENSION of Retainer Agreement with Culbertson, Adams, and Associates to Complete Expanded Initial Study and Addendum to the Previously Certified EIR for "The Canyons at Bighorn" (formerly Altamira). Rec: By Minute Motion, authorize Director of Community Development to extend existing retainer agreement an additional $50,000.00 from funds deposited in city trust account by developer, Winmar Palm Desert LLC. Councilman Crites asked that Item J be removed for separate discussion under Section IX, Consent Items Held Over, of the Agenda. Upon motion by Spiegel, second by Crites, the remainder of the Consent Calendar was approved as presented by unanimous vote of the Council. VII. RESOLUTIONS A. RESOLUTION NO. 97-35 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR CONSOLIDATED PALM DESERT LANDSCAPE AND MAINTENANCE DISTRICT FOR FISCAL YEAR 1997/98. Mr. Gibson noted the staff report in the packets. He stated that Resolutions 97-35, 97-36, and 97-37 were all related to Proposition 218. Councilman Spiegel moved to waive further reading and adopt Resolution No. 97-35. Motion was seconded by Benson and carried by unanimous vote. B. RESOLUTION NO. 97-36 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS INTENTION FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE CONSOLIDATED PALM DESERT LANDSCAPE AND MAINTENANCE DISTRICT AND CALLING PROTEST PROCEEDING TO SUBMIT TO PROPERTY OWNERS WITHIN THE DISTRICT, FISCAL YEAR 1997/98. Councilman Spiegel moved to waive further reading and adopt Resolution No. 97-36. Motion was seconded by Benson and carried by unanimous vote. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. RESOLUTION NO. 97-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS INTENTION FOR PRELIMINARY APPROVAL OF THE ENGINEERS REPORT REGARDING THE PROPOSED LEVY AND COLLECTION OF ASSESSMENTS, FISCAL YEAR 1997/98. Councilman Spiegel moved to waive further reading and adopt Resolution No. 97-35. Motion was seconded by Benson and carried by unanimous vote. VBI. ORDINANCES For Introduction: A. ORDINANCE NO. 843 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 24.16 TO THE PALM DESERT MUNICIPAL CODE ESTABLISHING STORM WATER MANAGEMENT AND DISCHARGE CONTROLS Mr. Diaz noted the report in the packets. Councilman Spiegel moved to waive further reading and pass Ordinance No. 843 to second reading. — Motion was seconded by Benson and carried by unanimous vote. For Adoption: A. ORDINANCE NO. 842 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PROVIDING FOR REGULATION AND NOISE CONTROL OF PORTABLE POWERED BLOWERS AND ADDING SECTIONS 9.24.020 AND 9.24.075 TO CHAPTER 9 OF CODE OF THE CITY OF PALM DESERT, CALIFORNIA Mr. Diaz stated that there had been no changes since introduction of this ordinance, and he recommended adoption. Councilman Spiegel questioned the decibel level for the blowers as set forth in the ordinance and asked whether a lot of the ones used in Palm Desert were noisier than the level set in the ordinance. Senior Code Compliance Office Evelyn Bridges responded that staff did not know whether they were noisier or not. She said the decibel level in the ordinance should fall into the manufacturers' guidelines as to what equipment should be registered, and staff considered it to be an acceptable decibel level. Councilman Spiegel noted that information he had received at the last meeting compared the decibel level of leaf blowers to that of a jet airplane at 120. Ms. Bridges responded that this was not correct information. Councilman Spiegel expressed concern that his gardener would have to 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * go out and purchase new equipment, and he asked if staff had any additional information relative to an incentive program to help in the purchase of new equipment. Ms. Bridges responded that staff was in the process of researching such a program. Upon further question by Councilman Spiegel, she stated that the ordinance would go into effect 30 days from adoption and that staff's intent was to have information relative to an incentive program by that time. She added that staff would be sending letters and copies of the ordinance to all owners of business licenses in the City of Palm Desert and all those outside the City who come in to do work. Councilmember Benson stated she had mentioned to both the City Manager and Ms. Bridges that letters should be sent to licensees relative to a training program on how to use the blowers. Councilman Crites noted that part of the motion made at the last meeting regarding this ordinance was that commercial blowers only be operated at the lowest of the two speeds, consistent with the City of Indian Wells, and he said he did not see that language in this ordinance. Mr. Diaz responded that this was only a typographical error and that it would appear in the final ordinance. MR. JOHN BAKER addressed the Council and stated that there were only two things higher than blowers on the Environmental Protection Agency list, and those two were rock concerts and jet aircraft. He expressed concern that Council seemed to reverse its decision when money was involved and felt the gardeners had threatened the Council by saying they would raise their prices if the City did not allow them to use blowers. He said people could use other equipment, such as rakes, which would not cause the problems with pollution. He added that he felt blowers are not cost effective and that Council should consider vacuums instead, which can pick up leaves in all types of areas, including rock gardens. MS. JANICE WRIGHT expressed disappointment in Council's action and said she felt it was all based on money, with no consideration to the environment and the health of the citizens. She said it adds insult to injury when her tax dollars will be used to help people purchase new blowers. MS. SALLY ACKERMAN stated she felt the Council had bowed to big business in this matter and asked that Council reconsider and ban blowers from Palm Desert. MR. KEN ELDRED stated that he felt it was important to make Palm Desert a quiet, dust -free area, and he asked that the issue of hours be revisited. He said he felt this equipment should not be operated on Saturdays or Sundays and would, instead, prefer that one or two days during the week be designated as late hours so that people who work during the week would be able to use the blowers after working hours. He also noted that he was of the Jewish faith and expressed concern that the Council had not allowed blowers on the Christian Sabbath while not even considering the Jewish Sabbath which goes from sundown on Friday to sundown on Saturday. Councilman Crites stated that he had heard from a lot of people who live in Palm Desert who are not wealthy people, do not live in country clubs, and want to have some right to use their blowers. 6 MINUTES . REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * He said this was not a conspiracy of gardening services and big business, and he said he did not think this Council would be moved at all just because of a matter of cost. He said this was a policy decision. With regard to the use of rakes, he said they did not work for people who moved from grass to rock yards. He said he had personally gone to the cost of purchasing a vacuum, but he did not think the Council could regulate that. He noted he felt the last speaker was on target, and he did not think any of the Councilmembers gave a thought to religious days. He added that he felt this was an issue that needed to be addressed. Councilman Spiegel and Mayor Kelly agreed. Mr. Baker stated that he did not think the Council should enact something that it cannot enforce. Councilman Spiegel addressed a comment made that the Council was threatened by gardeners and stated that this was not true. He said the gardeners had nothing to do with his decision -making process and that he did not think they had anything to do with anyone else's decisions. He said the gardeners had indicated that if they had to use rakes, it would take them longer, and they get paid by the hour, which would mean the homeowners' costs would go up. He said he agreed that Mr. Eldred's comments regarding Saturdays needed to be considered because it is a Sabbath for the Jewish faith. Councilman Snyder stated that the Council needed to listen to all of the people and do whatever is best for the City. Councilmember Benson suggested that the Saturday hours be modified to reflect use of blowers from 9:00 a.m. to Noon, with the addition of these same hours for Sunday. Councilman Crites stated that Mr. Baker's comment relative to enforceability was on target. He asked what citizens would have to do to get this matter on the ballot. Mr. Erwin responded that they would have to obtain signatures of 10% of the citizens who voted in the last election. These signatures would need to be collected within 30 days. He noted that there were approximately 6,000 voters in the last election. He added that a decision would have to be made at the last meeting in June as to whether or not to place this on the ballot. Councilman Crites suggested that the matter be placed on the November ballot for voting by the citizens of Palm Desert. Councilman Spiegel stated that there may be a problem enforcing this ordinance and that if, after six months, the Council finds it is impossible to enforce, he would recommend that the matter be placed on a ballot for a vote of the citizens. He said he would not recommend it at this time but would rather wait to see if it will work. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Snyder moved to waive further reading and pass Ordinance No. 842 to second reading with the following changes: 1) Use of commercial blowers at the lower of the two settings; and 2) Saturday and Sunday hours to be from 9:00 a.m. to noon. Motion was seconded by Spiegel. IX. CONSENT ITEMS HELD OVER J. REQUEST FOR CONSIDERATION of a Traffic Signal at Portola Avenue and Magnesia Falls Drive. Councilman Crites stated that there was congestion at this intersection only from approximately 7:15 a.m. to 7:45 a.m. and again in the afternoons, and outside of that time, the street is not used much at all. He asked if the Public Works Department could assure him that the signal would be used for just those congested time periods and said that otherwise he saw this as a similar signal to the one on Monterey Avenue at the southern entrance to Monterey Country Club that is used very rarely. Mayor Kelly stated that he uses that intersection at least once a day and did not remember having problems in that area. He added that a lot of people who currently use that street will not be using it after May 9th because of the opening of the new Cook Street interchange. MS. MARCIE STORM addressed the Council and stated that she lived three blocks from Lincoln School on Portola Avenue. She expressed concern with the traffic in that area, not just during the times when school is starting or letting out. She said she felt the signal was really needed. MS. CHARLIE FREDERICK, a resident of Palm Desert Mobile Estates, said she felt this signal was really needed and that the area was very dangerous. She expressed concern that something would happen to a child before a signal is approved and installed. She asked that the Council approve this request. A security agent from Palm Desert Middle School addressed Council and spoke in favor of the installation of a signal at that intersection. He suggested that if a full signal is not approved, perhaps a flashing amber could be installed instead which would be activated only during school times. Councilman Crites moved to, by Minute Motion, concur with staff's and the Technical Traffic Committee's recommendation to install a traffic signal at the intersection of Portola Avenue and Magnesia Falls Drive. Motion was seconded by Spiegel and carried by unanimous vote. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8,1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * X. NEW BUSINESS A. PRESENTATION RELATIVE TO CITY'S PARTICIPATION IN "UNIVERSITY -CITY PACT FOR HEALTHY KIDS". Mr. Diaz noted that the presenter, Ms. Gwenn Norton -Perry, had called and requested a continuance of this matter. He recommended it be continued to the meeting ofJune 12, 1997. Councilman Spiegel moved to continue this matter to the Council meeting ofJune 12, 1997. Motion was seconded by Benson and carried by unanimous vote. B. INFORMATIONAL ITEMS: 1. Update on Interchanges: a. I-10/Washington Street b. I-10/Cook Street c. I-10/Monterey Avenue Mr. Folkers noted the ribbon cutting scheduled for the Cook Street interchange at 8:15 a.m. on Friday, May 9, 1997. He added that the other two interchanges were moving along quite well, with Monterey Avenue scheduled to open in September of 1997, and Washington in either April or May of 1998. 2. Rancho Road Stop Sign Mr. Folkers reviewed the staff report and stated that this would be before the Council at its next meeting for action. 3. SB821 Program Application Mr. Folkers reviewed the staff report and offered to answer any questions. He said this would extend the bicycle/pedestrian path from the Sports Complex eastward to join the existing bike lane on Cook Street adjacent to Palm Desert High School. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 4. Triple Trailer Trucks on Interstates 15 and 40 Mr. Folkers reviewed the staff report. Councilman Crites moved to, by Minute Motion, add this item to the Agenda for action. Motion was seconded by Spiegel and carried by unanimous vote. Councilman Crites moved to, by Minute Motion, approve staffs recommendation that the City go on record as opposing triple trailer trucks on Interstates 15 and 40. Motion was seconded by Spiegel and carried by unanimous vote. XI. CONTINUED BUSINESS A. REQUEST FOR CONSIDERATION OF AMENDMENT TO THE ZONING ORDINANCE TEXT CHAPTERS 25.14 (RE RESIDENTIAL ESTATE DISTRICT). Case No. ZOA 97-2 (Continued from the Meeting of April 10, 1997). Councilman Spiegel moved to continue this matter to the meeting of June 12, 1997. Motion was seconded by Kelly and carried by unanimous vote. XII. OLD BUSINESS None XIII. REPORTS AND REMARKS A. CITY MANAGER 1. Proposed Revisions to RCTC Regulations and Bylaws Mr. Diaz asked that the Council add this to the Agenda for discussion and action. Mayor Kelly stated that this had to do with a meeting with RCTC, CVAG, and RCOG. Councilman Crites moved to add this item to the Agenda for discussion and action. Motion was seconded by Spiegel and carried by unanimous vote. Mayor Kelly stated that there had been a lot of discontent in the relationship between RCTC, CVAG, and RCOG. He said a meeting had been held with three representatives each from CVAG, RCTC, and RCOG, and the direction was to come up with a proposal to restructure RCTC. He said this had been done and that the structure was that basically every city and each of the five supervisors would have a seat, with Caltrans to have an ex- officio seat. He said a decision had been made to send this to all of the cities and the three 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8,1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * organizations to get their blessing to get the language put together for legislative action. He recommended that the Council approve the concept and send a letter to that effect. Councilman Spiegel moved to, by Minute Motion, approve the recommendation as stated by Mayor Kelly. Motion was seconded by Crites and carried by unanimous vote. 2. Lucky Center Traffic Concerns Mr. Diaz noted that he had received a memorandum from the Department of Community Development relative to the Lucky Center's traffic issues and measures that will be taken to evaluate resolution of those issues. He said this was for information only at this time. Councilman Spiegel asked whether staff would be coming back with a recommendation, and Mr. Diaz responded that the mitigation measures would be tried out first, and then staff will come back with the results. 3. "Going Low" Television Program Mr. Diaz asked that the Council add this item to the Agenda for discussion and action. He noted that this was a promotion for the Desert Willow Golf Resort. Councilman Spiegel moved to, by Minute Motion, add this matter to the Agenda for discussion and action. Motion was seconded by Kelly and carried by unanimous vote. Mr. Diaz stated that this information had been received after the Agenda was posted and that the Council had received a report relative to this promotion. He stated that Ms. Piper Close of Kemper Sports Management would describe the program. Ms. Close reviewed her memorandum of May 5, 1997, relative to this television program, noting that Desert Willow had been offered the opportunity to be the home course for the "Going Low" television documentary. In return for the exposure the program proposed to bring to both the City of Palm Desert and Desert Willow Golf Resort, the producer (from Indigo Productions) had requested that the City provide a furnished apartment for the "star" of the show. The apartment would be needed for a period of 30 months (June of 1997 through November of 1999). She said the producer had toured One Quail Place and San Tropez Apartments and felt that San Tropez best met his criteria. The costs would be $650.00 per month plus a furniture package of approximately $300.00 per month, and Indigo Productions would cover electricity, telephone, cable, and renter insurance. She added that the "Going Low" concept was based on fulfilling the dream of the average person who enjoys the game of golf to "go pro", and the person selected to participate and fulfil his dream was named Gregg Bradford (Braddo). She offered to answer any questions. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Kelly stated that this would give the City far more exposure and cost the same as having a regular tournament to promote the City. He added that the City no longer had The Skins golf tournament nor the Bob Hope Classic to pay for. Councilman Crites moved to, by Minute Motion, approve the request in an amount not to exceed $30,000.00. Motion was seconded by Snyder and carried by unanimous vote. B. CITY ATTORNEY Mr. Erwin requested a Closed Session to discuss items listed on the Agenda and asked that Council add the following: Conference with Real Property Negotiator pursuant to Section 54956.8: 1) Property: APN Nos. 771-050-003, 004, and 771-060-002 Negotiating Parties: Agency: City of Palm Desert Property Owner: C.C. Meyers Under negotiation:.x Price ..x- Terms of Payment 2) Property: Located in area of Home Depot Negotiating Parties: Agency: City of Palm Desert Property Owner: Seymour Lazar Under negotiation: Price .x Terms of Payment 3) Property: Southwest corner of Highway 111/San Pablo Negotiating Parties: Agency: City of Palm Desert Property Owner: Allan Nyman Under negotiation:.. Price Terms of Payment Councilman Spiegel moved to, by Minute Motion, add these three items to Closed Session. Motion was seconded by Kelly and carried by unanimous vote. 12 MINUTES • REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1) Report and Action on Items from Closed Session Made at this Meeting. 2) Request 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:3_ Conference with Real Property Negotiator pursuant to Section 54956.8: Property: Palm Desert Lodge located on Deep Canyon Road and Highway 111 (APN No. 625-162-009) Negotiating Parties: Michael A. Noto, Ruth Ann Demos, and George D. Demos Agency: City of Palm Desert Property Owner: Owner; DBA: Palm Desert Lodge Under Negotiation: X Price .X_ Terms of Payment C. CITY CLERK 1. REPORT Relative to Committee/Commission Comments on Proposed City Philosophy. Ms. Gates reviewed the staff report, noting that responses had been received from each committee and commission regarding the proposed City philosophy, with the exception of the Project Area Committee. She also noted that no response had been received to date from the Palm Desert Employees' Organization. Mayor Kelly suggested that the City Clerk's Office and several Councilmembers put something together with comments that have been received. Councilman Spiegel noted that the City was in the process of going over the 2010 plan. He said maybe this could be the cover when the 2010 plan is adopted. He also suggested looking at the 2010 plan and do this whole thing all at once. Mayor Kelly stated that we would still need the community's input, and Councilman Spiegel agreed. Councilman Spiegel moved to approve the recommendations as stated above. Motion was seconded by Crites and carried by unanimous vote. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1) Consideration of Letter from Palm Springs Desert Resorts Convention & Visitors Bureau Requesting Approval of CVB Resolution No. 6 - Commercial Endorsement Policy (Mayor Pro Tem Jean Benson). Councilmember Benson noted the memorandum in the packets from the Palm Springs Desert Resorts Convention & Visitors Bureau requesting the City's endorsement of this policy in concept. She said this was something that came up at the behest of Tim Sullivan of the Marriott when the City of Palm Springs endorsed Visa over American Express as the preferred card and it made the Marriott lose some business of over $1 million. She said the CVB had come up with this policy and was asking the cities to endorse it in concept. She said it was not part of the bylaws and was more or less a memorandum of understanding among the cities that they will not support one business over another where that business affects the whole Valley. She added that she was in favor of approving it in concept. Upon question by Mayor Kelly, Councilmember Benson responded that Palm Spring's representative was Will Kleindienst and that the City of Palm Springs was not endorsing this policy. She said he had indicated he felt the money the City of Palm Springs got from the program that was presented to them from Visa to do this as well as the citizen participation was worth doing it. Councilman Crites stated that he felt this was not going to do any good if the City of Palm Springs does not pay attention. He asked that staff look into, if this happens again, what the City of Palm Desert's options are with the City of Palm Springs when what they had done was, with knowledge ahead of time, cost Palm Desert significant business. He said he would not take that kind of thing very lightly at all were that to occur again. He said the City of Palm Springs had made it clear what they think about the City of Palm Desert on this issue, and he said he felt the Council needed to look to the interest of Palm Desert and decide what to do in response to that should it happen again. He added that he felt it should not be a gentle response. Councilman Spiegel stated that the City of Palm Desert had always been a supporter of the Valley, and what is good for the Valley has been good for Palm Desert. He said if the Council voted unanimously in favor of this recommendation, he felt a letter should be sent from the Mayor to Will Kleindienst indicating just that and asking why Palm Springs does not want to be a good neighbor. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Spiegel moved to, by Minute Motion, approve in concept the endorsement policy as outlined in the memorandum and direct the Mayor to send a letter to the City of Palm Springs expressing the City of Palm Desert's concerns as discussed at this meeting. Motion was seconded by Benson and carried by unanimous vote. o City Council Committee Reports: None XIV. ORAL COMMUNICATIONS - B None With Council concurrence, Mayor Kelly adjourned the meeting at 5:30 p.m. to Closed Session, said Closed Session to be held immediately following adjournment of the Redevelopment Agency meeting. He reconvened the meeting at 7:00 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XVI. ORAL COMMUNICATIONS - C None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PROCLAMATION DECLARING MAY 1997 AS "MENTAL HEALTH" MONTH IN THE CITY OF PALM DESERT. Mayor Kelly presented the proclamation to Ms. Jeannie Parrish. B. CONSIDERATION OF APPOINTMENTS TO CIVIC ARTS COMMITTEE, PROMOTION COMMITTEE, AND POLICE ADVISORY COMMITTEE. Councilman Spiegel moved to continue this matter to the meeting of May 22, 1997. Motion was seconded by Snyder and carried by unanimous vote. C. PRESENTATION TO FRED TRETTA FOR SPRINGFEST `97. Mayor Kelly presented to Mr. Tretta an engraved clock in appreciation of his efforts in organizing SpringFest `97. He also presented to Council Secretary Pat Scully an engraved covered candy dish in appreciation of all of her efforts as well. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. PRESENTATION TO ALIBABA FARZANEH IN RECOGNITION OF HIS EFFORTS ON BEHALF OF BIG BROTHERSBIG SISTERS. Mayor Kelly presented a plaque of appreciation to Alibaba Farzaneh in recognition of his efforts on behalf of Big Brothers/Big Sisters. The Executive Director of Big Brothers/Big Sisters of the Desert presented to the City of Palm Desert a framed letter addressed to Alibaba Farzaneh from President Gerald Ford. E. PRESENTATION TO PALM DESERT MIDDLE SCHOOL FOR ITS FIRST PLACE FINISH 1N THE MATH FIELD DAY OF COACHELLA VALLEY. Mayor Kelly congratulated all of the students from Palm Desert Middle School who participated in the Math Field Day of Coachella Valley. He presented an engraved plaque to the school listing the winners and presented each of the winners with gift certificates for McDonald's. He noted that the Gold Class Winners were Daniel Clark, Josh Zazulia, and Chris Bryan; Blue Class Winners were Donald Brady and Anant Patel; and teachers were Reginald Clark, Judy Tanner, Sheri Gundlach, Don Dunagan, and Hoyt Sloan. F. PRESENTATION OF PLATINUM AWARD FOR UNITED WAY CAMPAIGN. Risk Manager Ken Weller reviewed his memorandum, noting that this was the fifth year in a row that the City had received this award. He presented the award to Mayor Kelly on behalf of the employees. Mayor Kelly expressed appreciation to Mr. Weller for his outstanding efforts. XVIII. PUBLIC HEARINGS A. CONSIDERATION OF APPEAL OF A PLANNING COMMISSION DECISION CERTIFYING COMPLIANCE WITH A CONDITIONAL USE PERMIT FOR TWO RESTAURANTS TOTALING 8,000 SQUARE FEET WITHIN A COMMERCIAL COMPLEX AT THE NORTHEAST CORNERS OF PORTOLA AVENUE AND HIGHWAY 111 AND PORTOLA AND ALESSANDRO DRIVE Case No. CUP 91-9 (Palm Desert Ace Hardware and Raymond L. Winner, Appellants). Mr. Drell reviewed the staff report, noting that Mr. Winner's appeal involved inadequate legal notice and CEQA challenge, while the Ace/Dash appeal cited use of the frontage road in front of their stores by restaurant employees. He noted additional conditions 8, 9, 10, 11, 12, and 14 of the resolution for the Conditional Use Permit associated with noise. Councilman Spiegel noted that pages 17 and 18 of the April 1st Planning Commission Minutes included testimony from Mr. Tyron which alleged that the City's noise ordinance was put in place because of the restaurant, that it was a very weak ordinance, and that it was a joke. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites asked whether the person in charge of the sound readings, Mr. Bricken, had been given an opportunity to read the testimony of Mr. Tryon, and Mr. Drell responded that he had not but that he had described to Mr. Bricken the criticisms, and Mr. Bricken was prepared to answer any questions. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of this request. MR. GARY TRYON, 74-047 San Marino Circle, expressed concern that he would have to continue to live with these conditions as long as the illegal late night parking is allowed to continue. He said there was not adequate parking for such a restaurant with large volumes of business, and he felt the Council did not have respect for the citizens as homeowners. He said the Conditional Use Permit was for two restaurants located at Highway 111/Portola Avenue and that none of the notices over the last six years had indicated a commercial parking lot on north Alessandro. He said this was not a valet parking problem but that the problem was inherent with the nighttime use of the lot. He noted that alarms had gone off on the restaurant side of the wall with decibels of over 60, and the sound person said the way the ordinance was written, this would not be a violation. He stated he had been at the Council meeting when Council told the owner of Fitness Mart that he needed to be out of there by October of 1996; it is now May of 1997, and that owner is still in that location. He asked that the lot be closed to nighttime use and said such use did not belong in this residential area. MR. RAY WINNER, 74-039 San Marino Circle, stated that he had understood from the very beginning that there would be no nighttime parking in that lot. He added that he had been going through the very same situations as Mr. Tryon. MR. GREG FAYA, Counsel for Ruth's Chris Steak House, stated that he had heard complaints from the neighbors many times and had worked hard to try and keep the noise level as low as possible. He said from a commercial standpoint they were doing the best job they could. He said the issue, and part of what is difficult, is that the noise studies, regardless of what the neighbors think, show that the ambient noise level in the area is higher than the noise from the restaurant. He stated that the condition of the resolution requiring that valet attendants speak only when absolutely necessary was a difficult requirement. He proposed additional wording as outlined in the May 8, 1997, letter from Attorney Michael A. Caste to the City Council (attached hereto and made a part hereof as Exhibit "A"). Councilman Crites asked whether Mr. Faya had any reason to disbelieve any of the things that Mr Tryon stated had happened in the last several weeks. Mr. Faya responded that Mr. Curt Wheeler, General Manager, could speak to that as could Mario Gardner, Valet Parking Manager. Mr. Garner stated that everything Mr. Tryon said was true and that he felt badly for him. He said that Mr. Tryon was asked several times during the Planning Commission whether he wanted Ruth's Christ closed down, and he did not answer. He said he felt that Mr. Tryon did not want 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8,1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * the restaurant there. He stated that an alarm had gone offrecently that lasted for only two or three seconds, and Mr. Tryon was immediately up on the wall shining a high powered beam that blinded him while he was driving a car. He asked how Mr. Tryon could respond so fast to an alarm that was on for such a short time. He said the wall was six feet tall, so Mr. Tryon must have a ladder against it. He said this bothered him because Mr. Tryon was tuning in to every sound and every circumstance that he feels is aggravating him. He asked what Mr. Tryon had done in the last five and a half years to protect himself from noise, such as insulation, sound proofing, double paned heavy duty glass, etc. He added that he had heard there were offers to buy Mr. Tryon's house, but to sell and move was not even a consideration for Mr. Tryon. He noted that after the Planning Commission meeting he and the corporate people had given Mr. Tryon their cards and advised him to call them if there was anything that bothered, but he had never received any call from him. He asked that the Council make some kind of decision to close this matter. Mr. Faya stated that when the noise study was done and came back that there were no problems, he knew that the appellants would feel it was tainted, so another study was done. He said the owners were not able to attend or watch and that the studies were done in Mr. Tryon's yard, with Mr. Tryon watching the entire time. He said his concern was that although the noise study showed there were no problems, now Ruth's Chris would have to live with and abide by new conditions. MR. MICHAEL CRISTE addressed the Council and noted the letter with additional language (Exhibit "A" attached hereto and made a part hereof). He said, to clarify, the restaurant would be operating legally so long as it does not violate the noise standard, and it will make a good faith effort to attain all of the other conditions set forth in the Conditional Use Permit. Councilmember Benson questioned the letter where it indicated that Ron Gregory was not the owner of the parking lot, and she asked if this was something that had just changed because she thought that went with his building. Mr. Criste responded that subsequent to the Planning Commission hearing, the condition he was concerned about was changed to provide that notice would have to be given but not to Ron Gregory, to the City. He said he was satisfied with the language in the proposed conditions. Upon further question by Councilmember Benson, Mr. Drell responded that Ron Gregory was the owner of the portion of the lot adjacent to his building and that the bulk was owned by Lizza/Oliphant, since the bulk of the parking in that back lot is required parking for the building on Highway 111. With regard to permission from Ron Gregory to use the parking, Mr. Drell stated that they had to get permission from the whoever the owner is to park on those lots, and this was not a condition of the City. He said that with regard to the City's Conditional Use Permit for this parcel, there is a mutual access agreement for the entire lot, and from the City's standpoint the entire lot is accessible to any of the patrons of the superblock. He noted that as a result of some negotiations relative to the use of the valet, and the valet's ability to cone off certain parts of the lot, there was agreement among the owners that certain spaces would not be restricted on the east side of Mr. Gregory's lot directly opposite Mr. Winner's house so as to allow for the possibility of employees in Mr. Gregory's office working late. He said the condition being referred 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * to was condition #16, and the Planning Commission felt those negotiations were between the owners of the property and were not subject to the CUP and that it was in the City's interest to be notified of the termination of the valet because it was felt the maintenance of the valet system was an important mitigation measure relative to sound and noise. Councilmember Benson noted that this project had not been approved by a 5-0 vote and that there were some Councilmembers opposed to the building from the very beginning, and the parking had also been a problem since the very beginning. She added that during discussions with Mr. Oliphant about the lack of sufficient parking for a restaurant, she did not remember hearing that the parking lot across the street was owned by Mr. Oliphant and that it was planned to be used for restaurant parking. She said they were always talking about having that building there as a buffer for the restaurant because it was an office professional building, and that was going to be used in the daytime only. Then as business improved more parking was needed, and that is when the request was made to Mr. Gregory to allow the use of his lot for parking at night since he had only daytime parking. Mr. Drell stated that before the restaurant was even planned, that parking lot was required parking for the whole building. He said the whole concept of allowing that much building on Highway 111 was based on the ability to have parking on the north side of Alessandro. MR. TONY LIZZA, one of the owners of the buildings and resident of La Quinta, addressed the Council and stated he commiserated with Mr. Tryon that there were problems. He said in defense of Mr. Oliphant, City staff had asked them to look at this area to create a superblock. He said staff determined the design and was aware of how the parking was set up and how many square feet needed to be placed in that complex to make it economic. He said the whole project was dictated by City planners and was not forced on the City by the developers. He said he had met the previous year with Mr. Tryon and also Mr. Winner to discuss the purchase of their property but that they must have decided not to proceed because he never heard back from them. He said they wanted to help' find a solution and would cooperate as much as possible. MR. LARRY LAMB, Dash Golf Carts, stated his concern, as well as the concern of the owner of Ace Hardware, was with the public parking in front of their stores. He said the problem arises at approximately 3:00 p.m. when Ruth's Chris employees report for work. He said they had been instructed not to park in certain areas, which leaves the public spaces in front of these businesses. He said he felt timed parking would help address the problem. Mayor Kelly declared the public hearing closed. Councilman Spiegel asked the noise expert if he had seen the minutes of the Planning Commission meeting or attended the Planning Commission meeting. MR. GORDON BRICKEN, 1621 E. 17th Street, Santa Ana, responded that he had not attended the meeting nor had he seen the minutes thereof. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING * * * * * * * * * * * * * * * * * * * * MAY 8, 1997 * * * * * * * * * * * * * * * Councilman Spiegel provided a copy of the minutes to Mr. Bricken and asked that he review and address the comments made by Mr. Tryon relative to the noise study. Mr. Bricken stated that with regard to the comment relative to a conversation with one of his employees, he himself was not there and could not really comment on what took place or whether Mr. Tryon's explanation was accurate. Councilman Spiegel asked Mr. Bricken to address the comment made that the City's noise ordinance was considered to be a total joke. Mr. Bricken responded that this was not true. He said every city in San Diego County uses basically the same noise ordinance. He said Mr. Tryon felt that somehow the City rewrote the ordinance creating a methodology for evaluation that was less stringent than the previous ordinance, the implication being that had the previous ordinance been in place and used to evaluate conditions observed during the 18 hours they were out there, the outcome of the evaluation would have been different. He said the answer to that was "no", and had the previous ordinance been used as a method for evaluating this site, it still would have complied. He added that he was at the site for two-thirds of the 18 hours, and every event that could be identified as being connected with the parking lot was marked on a chart. He noted that during the testing time, he would periodically climb on one of the three ladders and look over the wall; only twice did he observe a car alarm going off, once with a car in the lot and once with an alarm from the neighbor to the east. Councilman Spiegel stated Mr. Tryon had indicated that in talking either to Mr. Bricken or to his assistant, a comment was made that dozens of horns blowing every hour would still be in compliance with the ordinance. Mr. Bricken replied that in the present context this was true that if people blow a dozen horns every hour it would still be in compliance. He said the point Mr. Tryon did not stress was that there were no 12 horns in the parking lot in an hour; in fact, there were very few horns in the parking lot. He said if there were 12 horns, maybe there would be something to talk about, but there were only one or two horns from the lot the entire time they were there, although there were a number of other horns from people on Highway 111, Portola, etc. He said even if the horns had been in the lot, and they had been blown, and there were 12 of them, based on what he observed, it would not have violated the previous version of the ordinance either. He said there were normal audible noises from the parking lot, and to some extent, because of the use of the lot, a lot of them are frequent. But he said the majority he observed fell within the range of all of the other things going on at the same time. Councilman Spiegel asked whether the City's ordinance was basically the same as any other ordinance. Mr. Bricken stated that the only exception was the City's ordinance did not have a limit on the maximum allowable noise level, and that was the main difference between this version and the 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * previous version from a technical point of view. The previous version stated there would be a violation when at any one time the level exceeded 70 decibels. He noted that only one time in 18 hours was this the case from the parking lot, and all of the other times it exceeded 70 decibels was from other things, primarily aircraft/helicopters flying over. Councilman Crites stated that his understanding was that neither this ordinance nor the previous version provided protection from noise spikes as long as the total cumulative impact remains within acceptable levels. Mr. Bricken responded that the present ordinance does not provide protection against noise spikes. The previous ordinance did but it also had a number of other problems that made it difficult to enforce. Councilman Crites asked if a person were sleeping, how many noise spikes per hour did Mr. Bricken think were necessary to bother that person's rest. Mr. Bricken stated that it would be very few. Councilman Crites asked if that number would become higher or lower if a person is exposed over a period of time, and Mr. Bricken responded that sensitivity could increase or decrease. He said there were events that all of us experience frequently that we shut out, but there are also things we experience infrequently that we react to. Councilman Crites stated that his understanding was that the ordinance could not deal with that issue which was a subjective matter, — and Mr. Bricken agreed. Councilman Crites asked Mr. Tryon to address comments made relative to the sale of his home. Mr. Tryon stated that last August Mr. Lizza asked if he would be interested in selling his home and to name a price. He said he called Mr. Lizza about a week later and gave him a price, and Mr. Lizza indicated he should send a letter to that effect. The letter was sent, and a short time later a fax was received from Mr. Lizza indicating he was sending it to the owner of Ruth's Chris. He said that was the last he heard. Mr. Lizza stated that a meeting was held at his office, and the price was about 200% of the appraised value of the house. After that he went to Ray Winner who met with the owner of Ruth's Chris to talk about some way to either reimburse him for lost value or get a more realistic price than $180,000. At the conclusion of that meeting the owner had asked if $120,000 would be sufficient, and Mr. Winner responded that he did not know and would have to get with Mr. Tryon to discuss this. Mr. Winner stated that he did not think Mr. Tryon ever talked to Mr. Lizza at all and that he did not think Mr. Lizza wanted to talk to Mr. Tryon. Councilman Spiegel asked whether there was still some interest on the part of Mr. Tryon and Mr. winner to sell their homes. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Winner responded that there might be some interest on his part since it did not look as if the parking lot would be closed at this time. Mr. Tryon also expressed some interest in selling his home. Councilman Spiegel suggested that this matter be continue to see what can be worked out. He added that he did not think negotiations should be conducted at this meeting. Mayor Kelly agreed. Councilman Crites agreed and said he felt there were some significant issues in this matter. He said he still had some significant problems with the operation of that parking lot but said he would be happy to continue the matter. Councilmember Benson agreed but said she did not want to see this go on indefinitely. Councilman Snyder stated that continuance would give an opportunity for both sides to work these things out with each other. Councilman Spiegel stated he felt the City should also be involved. Mr. Faya expressed disappointment at Council's suggestion that this matter be continued. He said the appeal was based on whether or not the restaurant is in violation of the Conditional Use Permit. Councilman Spiegel moved to continue this matter to the meeting of May 22, 1997, to see what can be put together. Motion was seconded by Crites and carried by unanimous vote. Councilman Crites stated that the Council might, for the people from Ace Hardware and Dash, reflect its perceptions relative to one -hour parking on the frontage road so they do or do not have to come back at the next meeting. Mayor Kelly stated he felt the City needed to do something to protect them, whatever that may be. Councilman Spiegel stated that there may be other options, and he asked if there was one -hour parking anywhere else in the City. Mr. Drell responded that there was 20-minute parking in President's Plaza along the curbing against buildings. Councilman Crites stated that his reaction was not against doing this, it was that among the many different things the City has rules for, how good is the enforcement. He said he was willing to try it unless there are other alternatives found. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Spiegel stated that there are other alternatives that might make more sense on a permanent parking kind of situation that would not involve parking on a frontage road. Mayor Kelly stated that one of the nice things about Palm Desert is that it does not have parking meters and time limits and meter maids running around the City, and the Council is very reluctant to start enforcing a lot of parking rules and making it difficult on the citizens. Councilman Crites expressed appreciation to Mr. Gardner for being honest about his attempts to do things and what the shortcomings are, etc. As a related issue on parking, he stated that today's Desert Sun included a story that the City of Rancho Mirage is considering changing its valet parking ordinance. Comments by their Councilmembers were that no other city made the valet parking further away from the restaurants. In talking to Mr. Drell, he said that in Palm Desert, the valet parking is further away, with spots nearest to the restaurants left for public parking. He said he would be appreciative if the Mayor and City Manager would draft a letter to the City of Rancho Mirage indicating that it is not the only city doing that. Mayor Kelly suggested that Councilman Crites send such a letter, and he agreed, with Mr. Drell to assist in writing such a letter. XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Upon motion by Spiegel, second by Crites, and unanimous vote of the City Council, Mayor Kelly adjourned the meeting at 9:05 p.m. ATTEST: MARY�ES, DEPUTY CITY CLERK CITY OF PALM DESERT RICHARD S. KELLY, MAYOR 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ROBERT L. PIPPIN MICHAEL A. CRISTE IRWIN L. GOLDS MARIE A. BOCHNEWICH AIMEE L. BELLISSIMO City of Palm Desert City Council 73-510 Fred Waring Drive Palm Desert, CA 92260 EXHIBIT "A" Law Offices of CRISTE, PIPPIN & GOLDS 73-550 ALESSANDRO SUITE 200 PALM DESERT, CA 92260 May 8, 1997 TELEPHONE: (760) 862-1111 FACSIMILE: (760) 776-4197 Re: Review of Conditions of Approval for Conditional Use Permit 91-9 ("CUP 91-9) Dear Councilperson: We are attorneys for Ruth U. Fentel, Inc., owner of the Ruth's Chris Steak House located at 74-040 Highway 111, Palm Desert (the "Restaurant"). We have reviewed the proposed new Conditions of Approval for CUP 91-9 that were approved by the Planning Commission at its hearing held on April 1, 1997. We request that the following changes be made to the proposed Conditions of Approval: 1. The following language be added to proposed condition number 7: "Restaurant operations, including the valet parking operation, shall comply with the City's noise ordinance. In complying with the noise ordinance, the Restaurant shall make its good faith effort to attain the goals set forth at Paragraphs 8, 9, 10, 11, 12 and 14. Notwithstanding anything contained in these Conditions of Approval, regarding noise, the Restaurant shall not be in violation of these Conditions of Approval unless the Restaurant is found to be in violation of the noise ordinance." 2. In as much as Ronald Gregory and Associates is not the owner of the parking lot on the north side of Alessandro Drive, the conditions set forth at Paragraphs 16, 17 and 18 of the proposed conditions should be eliminated. 3. At paragraph 22 of the proposed conditions, please change the last word in that paragraph to "north lot". 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT "A" City of Palm Desert City Council May 8, 1997 Page 2 Thank you for your courteous attention to the above requests. Sincerely, Michael A. Criste of Criste, Pippin & Golds 25