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HomeMy WebLinkAbout1997-10-23MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Kelly convened the meeting at 4:12 p.m. H. 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 Robert Hargreaves, Deputy City Attorney Sheila R. Gilligan, Director of Community Affairs/City Clerk Richard J. Folkers, ACM/Director of Public Works John Wohlmuth, ACM/Director of Administrative Services Carlos L. Ortega, RDA Executive Director Pat Conlon, Director of Building and Safety Phil Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer David Yrigoyen, RDA Manager Gloria Darling, Human Resources Manager Joseph S. Gaugush, Engineering Manager John Nagus, Community Arts Manager Rudy Acosta, RDA Project Manager Lisa V. Constande, Environmental Conservation Manager Ken Weller, Risk Manager Ruth Ann Moore, Business Support Manager Teresa LaRocca, Housing Programs Coordinator Dennis Coleman, RDA Analyst Rachelle D. Klassen, Records Technician III. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the Palm Desert City Council of October 9, 1997. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 19 and 20. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#346) by April Ogden in the Amount of $500.00. Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the Claimant. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Marie Callender's Pie Shops Inc., 72840 Highway III, 399, Palm Desert. Rec: Receive and file. E. REQUEST FOR APPROVAL of Art In Public Places (AIPP) and Civic Arts Recommendation to Create an Artwork Conservation and Maintenance Plan in the Amount of $5,000.00. Rec: By Minute Motion, approve the AIPP and Civic Arts recommendation to hire Steve Colton to provide consultant services in the creation of a Conservation and Maintenance plan for the City's public art collection in an amount not to exceed $5,000.00. F. REQUEST FOR APPROVAL of Art In Public Places (AIPP) and Civic Arts Recommendation for Educational Design Link and Arte-Fact to Each Create an Interpretative Park Sign Program in the Amount of $5,000.00. Rec: By Minute Motion, approve the AIPP and Civic Arts recommendation to pay Educational Design Link and Arte-Fact $2,500.00 each to create a proposal for an interpretative signage program for Civic Center Park. This fee would be all inclusive for costs associated with creation of the proposal, including travel for one orientation to the site and one presentation meeting. G. REQUEST FOR AUTHORIZATION for Out of Town Travel. Rec: By Minute Motion, authorize out of town travel for the Environmental Conservation Manager to be a guest speaker at the annual CALAFCO regarding the dissolution of Palm Desert Water & Services district. H. REQUEST FOR AUTHORIZATION for Additional Appropriation of $10,300 for the Charter City Expenditures in the General Services Account No. 110-4159-415-3610. Rec: By Minute Motion, authorize additional appropriation of $10,300 for the Charter City expenditures in the General Services Account No. 110-4159-415-3610. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. REQUEST FOR APPROVAL of Appropriation of $15,000.00 to the Printing and Duplicating Account in Administrative Services for the Year 2010 Plan and Special Edition of the Bright Side. Rec: By Minute Motion, approve an additional $15,000.00 from the general fund unobligated budget reserve to Account No. 110-4132-411-3610 to print the Year 2010 Strategic Plan and Special Utility Deregulation Edition of Bright Side. J. REQUEST FOR AUTHORIZATION of City Manager to Execute Transit Capital Improvement Grant Resolution Documents. Rec: Waive further reading and adopt Resolution No. 97-89 authorizing the City Manager to execute documents related to our Transit Capital Improvement Grant. K. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Demolition of Facilities (Contract No. C13580, Project No. 683-97). Rec: By Minute Motion: 1) Authorize the City Clerk to advertise and call for bids for the demolition of certain facilities previously owned by the Palm Desert Water and Services District; 2) authorize the appropriation of $40,000.00 from the unobligated capital improvement project funds. L. REQUEST FOR APPROVAL of Final Parcel Map 28602. Rec: Waive further reading and adopt Resolution No. 97-90 approving Parcel Map No. 28602. (Applicant: Alice Harris) M. REQUEST FOR AUTHORIZATION of Release of Grading Improvement Security (Tract No. 24773). Rec: By Minute Motion, authorize the City Clerk to release the subject improvement security. N. REQUEST FOR APPROVAL of Refunding Proceedings for Community Facilities District No. 91-1. Rec: Waive further reading and adopt Resolution No. 97-91 approving the issuance and sale of refunding bonds for Community Facilities District No. 91-1. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * O. REQUEST FOR APPROVAL of Reassessment and Refunding Proceedings for Assessment District Nos. 92-1, 94-1, and 94-2. Rec: 1) Waive further reading and adopt Resolution No. 97-92 approving and confirming report and reassessment for the refunding of the outstanding bonds of Assessment District Nos. 92-1, 94-1, and 94-2; 2) Waive further reading and adopt Resolution No. 97-93 authorizing the issuance and sale of refunding bonds for Assessment District Nos. 92-1, 94-1, and 94-2. P. REQUEST FOR APPROVAL of Refunding the Outstanding Bonds of the Assessment District Nos. 92-1, 94-1, and 94-2, and the Community Facilities District No. 91-1. Rec: 1) Waive further reading and adopt Resolution No. 97-94 determining that the public interest requires the refunding of the outstanding bonds of Assessment District Nos. 92-1, 94-1, and 94-2, and declaring the City Council's intention to refund such bonds and to levy reassessments as security for refunding bonds; 2) Waive further reading and adopt Resolution No. 97-95 determining that the public interest requires the refunding of the outstanding bonds of Community Facilities District No. 91-1 and declaring the City Council's intention to refund such bonds. Upon a motion by Snyder, second by Spiegel and unanimous vote of the City Council, the Consent Calendar was approved as presented. IV. CONSENT ITEMS HELD OVER None V. RESOLUTIONS A. RESOLUTION NO. 97-96 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA ESTABLISHING AN ANTI -VIOLENCE IN THE WORKPLACE POLICY. Mr. Wohlmuth stated staff is asking for continuance of this item to the meeting of November 13, 1997, due to ongoing work with the Palm Desert Employees Organization (PDEO) and the City Attorney's office. Councilman Spiegel moved to continue the matter to the meeting of November 13, 1997. Motion was seconded by Snyder and carried by unanimous vote. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI. ORDINANCES For Introduction: A. ORDINANCE NO. 855 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT AMENDING CHAPTER 2.52 OF THE MUNICIPAL CODE, REGARDING THE PERSONNEL SYSTEM. Mr. Diaz stated staff is asking for continuance of this item. Councilman Spiegel moved to continue Ordinance No. 855 to the meeting of November 13, 1997. Motion was seconded by Crites and carried by unanimous vote. For Adoption: A. ORDINANCE NO. 848 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE PCD TEXT FOR "THE CREST" FOR A MAXIMUM OF 151 UNITS. (CASE NO. C/Z 90-12 AMENDMENT #1.) Mr. Diaz asked Council for an extension of this matter and Ordinance No. 849 below to a time when staff is prepared to place on a future Agenda. Councilman Crites moved to continue the matter to such time as staff places on the Agenda. Motion was seconded by Spiegel and carried by unanimous vote. B. ORDINANCE NO. 849 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT FOR A MAXIMUM 151 UNIT PROJECT KNOWN AS "THE CREST". Councilman Spiegel moved to continue the matter to such time as staff places on the Agenda. Motion was seconded by Benson and carried by unanimous vote. VII. NEW BUSINESS A. INFORMATIONAL ITEMS: 1. Update on Interchanges: a. I-10/Washington Street b. I-10/Monterey Avenue Mr. Folkers reported that the railroad, contractors and construction manager have finally arrived at a satisfactory date, November 3, 1997, starting at Monterey then moving to Washington for removal of the railroad overpasses. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2. Progress Report on Retail Center Vacancies Mr. Drell stated the vacant buildings in Palms to Pines East have been purchased, including the old bank parcel, the parcels between the bank and Big 5, and the Sprouse - Reitz, with the likely possibility of a major tenant locating there. The owner is also working with the other property owners to propose a complete facelift, redesign and upgrade of the center. Councilman Spiegel asked Mr. Folkers if the aforementioned upgrade will include an entrance from Highway 111. Mr. Folkers replied his department is proceeding with this project. 3. Progress Report on Utility Deregulation Mr. Wohlmuth reported the Cove Communities Services Commission (comprised of Cities of Palm Desert, Indian Wells and Rancho Mirage) has been working with Henwood Energy to provide options to the community in this era of deregulation. He said the first task was to individually audit the energy consumption of 12 sites in the Cove Communities area, and the second was to provide a survey to all of the residents and businesses in our three communities. He provided to Council a fresh draft of the newsletter survey to be distributed in the near future. He highlighted a portion of the newsletter in which concerns expressed at the last Council meeting are addressed in this communique to our citizens to inform them of what will happen on January 1, 1998. He further stated the information stresses the need for caution when making a selection for their electrical service provider, those who are identified by the Public Utilities Commission (PUC), so that our citizens will find out complete information before signing an agreement. But he said, the primary purpose of this survey is to get residents' and businesses' opinions of what they are seeking as we move toward open competition; the survey identifies what issues they want considered, what units they are inhabiting or working from, and what their current cost of service is. He said, in fact, survey respondents are welcome to provide an energy bill with their survey for more complete analysis. A self-addressed, postage -paid envelope is provided with the survey for its return to the Cove Commission. He said the final report is anticipated to be delivered to Cove Commission and this City Council at the meeting of December 11, 1997, including the options available before the January 1st open competition date. Mayor Pro Tempore Benson asked if the survey had been mailed yet. Mr. Wohlmuth said it has not been mailed, it will be to the printer probably tomorrow and takes approximately four or five working days to print. He said each city will have their own heading affixed-- Palm Desert's will be a special edition of the Bright Side newsletter, the remainder of the survey will be identical. Ms. Benson further asked if the return date would be changed. Mr. Wohlmuth stated that the return date is set at November 14. Councilman Spiegel stated he had received calls from residents asking if it was mandatory they make a decision by January 1, and he has told them no, that it is just like the telephone service, you can choose as you go. He asked if he was providing correct 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * information to these residents. Mr. Wohlmuth replied this was correct. Councilman Spiegel asked if there was a way to inform Palm Desert's residents of this fact so that they do not feel pressured into making a decision by January 1, 1998. Mr. Wohlmuth said there is; he stated we have tried to be cautious in providing this information since it is open for them to make a choice. He said the concern of the Cove Commission is that there are many promises out there (i.e. 25% rate reduction), but from our guess, this is the extreme— it would be very difficult at this point to get 25 %, because what we are really talking about is a percentage or an open competition in the generation portion of your electricity bill. He said according to Edison, generation is 21 % of your bill; therefore, if there is a 25 % savings, you could guess that these companies are actually going to pay you to use their electricity. We have been informing the residents that they can choose their electric provider before January 1, on January 1 or well after January 1. Councilman Spiegel said he would like to see this information emphasized. Mr. Wohlmuth said this would be incorporated into the newsletter. Mayor Kelly asked if you do nothing, if you will continue with your current provider. Mr. Wohlmuth said that if you do nothing as of January 1, you have Edison providing the generation, transmission and distribution, and you will receive a 10% reduction. Mayor Kelly stated this information should also be emphasized. Councilman Crites stated since all the Council members have received and will continue to receive inquiries from residents, he asked if staff could investigate and provide Council with background information on those providers who are making a significant "push" in the Valley (i.e. Commonwealth Energy). He said Commonwealth is making a strong presence here with meetings at the college this weekend, and he would like to receive objective information as opposed to their own advertising material. He said they do not actually promise 25%, they say "...you could get 25 %", and in talking with Enron, which is the group retained by Palm Springs in a contractual relationship, they are obviously promising the citizens of Palm Springs 10%, and then about 5% above that 10 % . He said some of the groups are promising five times more than that, and he is deeply suspicious of their ability to make that happen. He feels while it is not their mission to recommend, it is important for Council members to be able to provide citizens with background information on providers. Mr. Wohlmuth stated our consultant has been doing this. He said there are three companies the Cove Commission is aware of, Commonwealth, Boston Finney and Keystone, who have been marketing in our area. Unfortunately for the Cove Commission and the consultant, it's a moving target since there are 150 registered in the State of California currently, with the anticipation of more to come. He said staff will attempt to obtain a background on all those of which we are aware, specifically those who have marketed in the Coachella Valley in the last few months. Councilman Crites also asked for a way to confirm these providers' status of registration with the State; does this registration alone mean they are "Grade A" in terms of financial resources and ability to deliver, or does it only mean they have a stamp from the 7 MINUTES REGULAR PALM DESERT CITY COUNCIL. MEETING OCTOBER 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Secretary of State that they are a legitimate company. He is concerned that citizens will misconstrue the significance of the registration. Mayor Kelly expressed his concern that perhaps this information is more than we should be worried about in the City's capacity. He stated that we may be interfering with the free enterprise system if we provide this type of data. He noted at the time, we did not delve into citizens' choice of telephone service to this depth. He said that we all will receive a 10% reduction on January 1, then four years from now another 10%, and if pinned down, they will say, "...we're going to get you five more." Councilman Crites said, however, the ten that is realized on January 1 is because we have taken a loan out on ourselves that we will pay back with interest. Mayor Kelly said he understood, as long as we get the 10%, somebody's going to pay it. Councilman Crites said that's right, we are; he said if anybody else did that, we would call it deceptive advertising. He concluded by saying he picked up some information at the recent League of California Cities meeting about the State of California's Utility Bill Auditing Program through the General Services Administration. They contract with a couple of firms who analyze an individual's or a city's utility bill to determine whether the charges are correct. He noted just as we have an outside firm audit our transient occupancy tax returns, of which the outside auditor gets a percentage of what it recovers for the City, he would like staff to look into making a similar arrangement for auditing our utility bills. Mayor Pro Tempore Benson said that with regard to the telephone service deregulation previously, instead of providing a background on all these electric providers, would it be possible to provide a state telephone number or mailing address in the newsletter for citizens to do their own investigation. Mayor Kelly thought this was a good point. B. REQUEST FOR APPROVAL of Art In Public Places (AIPP) and Civic Arts Recommendation to Purchase Sculpture "Giraffe" from La Quinta Open Air Museum in the Amount of $34,500.00. Councilman Crites moved to, by Minute Motion, approve AIPP and Civic Arts recommendation to purchase the William Allen sculpture, "Giraffe", from the 1996/97 El Paseo Exhibition for $34,500.00 from the La Quinta Open Air Museum. Motion was seconded by Spiegel and carried by unanimous vote. Mayor Pro Tempore Benson asked where the sculpture would be placed. Mr. Nagus answered it would be placed on El Paseo for the 1997/98 Exhibition for a period of one year, then an appropriate permanent placement will be determined. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VII. CONTINUED BUSINESS A. REQUEST FOR APPROVAL of Ratification of Hiring a Financial Advisor to Review Documents on Refunding Bond Issue (Continued from the meeting of October 9, 1997.) Mr. Diaz stated that since the last meeting, staff is recommending approval of the contract. Councilman Spiegel moved to, by Minute Motion, approve contract with C.M. de Crinis & Co. as Financial Advisor for the assessment district refunding bond issue. Motion was seconded by Snyder and carried by unanimous vote. B. REQUEST FOR APPROVAL to Change Day of 1998 Summer Concerts. Councilman Spiegel asked for confirmation of the Civic Arts Committee recommendation that the concerts remain on Thursday nights. Mrs. Gilligan responded this was correct. Councilman Spiegel moved to, by Minute Motion, concur with the recommendation from the Civic Arts Committee and staff and continue the summer concerts on Thursday nights. Motion was seconded by Crites and carried by unanimous vote. IX. OLD BUSINESS NOTE: THE FOLLOWING ITEM WAS AGENDIZED AS OLD BUSINESS, BUT WAS CONTINUED FROM THE MEETINGS OF AUGUST 28, 1997, AND SEPTEMBER 25, 1997. A. REQUEST FOR APPROVAL OF A GENERAL PLAN AMENDMENT FROM OFFICE PROFESSIONAL TO DISTRICT COMMERCIAL, A CHANGE OF ZONE FROM OFFICE PROFESSIONAL (O.P.) TO DISTRICT COMMERCIAL (PC2), PRECISE PLAN OF DESIGN FOR A 125,000 SQUARE FOOT RETAIL COMMERCIAL CENTER, AMENDMENT TO THE EXISTING DEVELOPMENT AGREEMENT AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT PERTAINS THERETO FOR AN 11.95 ACRE SITE AT THE SOUTHWEST CORNER OF EL PASEO AND HIGHWAY 111 Case Nos. GPA 97-3. C/Z 97-9, PP 97-9 (Lowe Enterprises Commercial Group, Inc., Applicant) (Continued from the meetings of August 28, 1997, and September 25, 1997). Mr. Diaz reported that staff recommends continuance of this item to 7:00 p.m. on December 11, 1997. Councilman Spiegel moved to, by Minute Motion, continue Case Nos. GPA 97-3, C/Z 97-9, and PP 97-9 to the meeting of December 11, 1997, at 7:00 p.m. Motion was seconded by Benson and carried by unanimous vote. Councilman Crites noted for those in the audience that this is the request both from staff and the developer, who has not yet had the opportunity to make the modifications requested by Council, and the continuance provides time for this to occur. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Kelly asked if anyone in attendance wanted to address the issue for the record, but reminded them of the fact that there will also be an opportunity at the December 11, 1997, meeting. MR. ANDRE DUBBS, 1706 Sandpiper, Palm Desert, CA, asked the reason for the postponement. Mayor Kelly responded time is needed to work out a beneficial solution for all concerned. Mayor Pro Tempore Benson added that there have not yet been any meetings between staff and the developers. Mr. Dubbs said he was anxiously awaiting a conclusion to this matter since it has been ongoing for five months. Mayor Kelly stated this was true; however, those who oppose this project were adamant about having it considered later in the year so seasonal residents would be able to participate in the process. Mr. Dubbs said they will fill up the Council Chamber. Mayor Kelly stated he had promised Mr. Dubbs' opinion would be heard, and he's fulfilling his promise. X. REPORTS AND REMARKS A. CITY MANAGER Mr. Diaz stated that Mr. Ken Weller, Risk Manager, would provide an oral report about the City's preparation for the forecasted El Nifo conditions. 1) E1 Nitio Preparation Mr. Weller reported that much has been said about El Nifio; however, most of those projections deal with Southern California as a whole; not all storms which originate in the Los Angeles area ever reach the Coachella Valley. After talking to forecasters about their projection of the effect on the Coachella Valley, he learned that the critical issue will be extended days of rain. We will probably see two or three days of consecutive rain, with the possibility of having a series of storms come through instead of one or two individual storms separated by periods of drying. He continued by saying that much precipitation is expected in the mountainous areas; therefore, development along hillsides will be subject to greater than normal water, and the Whitewater Channel will transporting more water than normal. Mr. Weller stated that several years ago the City began, in development of its capital improvement projects with some $50 million, a program for mitigation of flooding— curb and gutter assessment districts to handle nuisance and storm water, an all weather crossing on Monterey, the Cook Street crossing and the Portola crossing. We are in a much better position today than we were three years ago in our ability to provide transportation across the wash expediting emergency services and travel by our citizens, due to the foresight of the City's leadership and establishment of its flood plan. Mr. Weller said as far as our immediate response to the situation, on the next Council Agenda for approval is an emergency contract with Granite Construction predetermining cost of labor and equipment only under declaration of disaster by the City. There will also be disaster Ordinances to freeze prices if necessary. There are approximately 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 30,000 sand bags stockpiled in the three fire stations in the City, plus the City has purchased additional. He also outlined a new sandbagging technique utilizing visqueen. Recently Hurricane Nora's effects on the Coachella Valley provided opportunity to test the City's Disaster Plan when a meeting was called with all department heads to review the emergency plan. He said the City has spoken with Desert Sands Unified School District and homeowners' associations, doing radio communication checks with them, making sure this process is fully operational and effective. Mr. Weller stated his areas of concern for El Nino are: 1) Newly incorporated areas of Palm Desert Country Club, where no curb and gutter assessment districts exist, are subject to flooding; 2) Cahuilla Hills area has issues with water and vehicle access, mudslides; and, 3) Desert Willow Project, as we are just beginning grading, will be in a crucial stage if the storms occur over a period of time. Some of the work already accomplished will be washed out. Most of the contracts we have in place state, "under act of God the contractor is not responsible"; therefore, the City would have to repair this work. Currently he is researching a policy which would cover such events and losses. Mr. Weller said lessons learned from the storm in 1993 have been implemented. For instance when building the Cook Street crossing and the temporary bridge was washed out, we were seeking reimbursement of $1.3 million for its construction. Our claim was filed, but there was one sentence in FEMA law which says if the project had been approved and funded prior to the emergency date it is not reimbursable. He said this means if we have projects that have not been approved but are needed, and damage is sustained in these areas, we could get them done and file a claim for FEMA reimbursement or even identify alternate areas for improvement to mitigate future such losses. Mayor Pro Tempore Benson asked if there was anything special we can do in the Palm Desert Country Club area since we know it is vulnerable. Mr. Weller said the Public Works Department is more familiar with the infrastructure in that area and could identify in a staff meeting the areas of concern and mitigation measures available. Mayor Pro Tempore suggested this be done in the immediate future. Mr. Folkers added that staff has been in contact with Riverside County regarding the flooding problems experienced in the past and how to mitigate them for the future. Councilman Spiegel asked if an insert or article regarding the sandbagging technique could be prepared and published in the Bright Side. Mr. Weller said he will obtain a diagram about sandbagging as well as general emergency preparedness information for our residents and see to its distribution. 2) Desert Rose Left Turn Lane Mr. Diaz stated preparation is being made to install left turn exit capability at Desert Rose on Fred Waring. Mr. Folkers said Ms. Linda Wright, President of the Desert Rose Homeowners Association, has contacted us with concerns for turning left onto Fred Waring from the development. Mr. Folkers said that after careful review, it has been determined the pylons were installed there as an overly 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * conservative measure; a left turn can be made safely. Therefore, with Council's approval, staff will proceed to remove the pylons and install appropriate signage so residents can make a left turn out of Desert Rose to go east. With Council concurrence, staff was directed to proceed as described. B. CITY ATTORNEY Mr. Hargreaves noted the items listed on the Agenda for Closed Session and requested a Closed Session at an appropriate time. 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 _4 C. CITY CLERK 1) Golf Cart Sponsorships Mrs. Gilligan stated this issue arose at the last Council meeting relative to sponsorship by Fantasy Springs of the Golf Cart Parade. She said Pat Scully has been attending the Golf Cart Parade Committee meetings, and a copy of her memo is provided in the staff report which outlines other organizations within the Valley but outside Palm Desert who have acted as sponsors. Two of these include Del Webb, which is in the unincorporated area, and Electric Car Distributors of Rancho Mirage, both of whom will also be sponsors this year. She informed the Council that Parade Charities has signed a contract with Fantasy Springs not requiring the City's approval. Councilman Spiegel said it was his understanding that they did not pay the bill; therefore, they will not be the sponsor. Mrs. Gilligan stated she was unaware of this fact. Councilman Crites stated this is not the City's event. Mayor Kelly added that as long as they abide by the rules we establish for the use of the park and amphitheater, we cannot interfere with the event. Councilman Crites moved to, by Minute Motion, take no action with regard to the Golf Cart Parade sponsorships. Motion was seconded by Benson and carried by unanimous vote. 2) Vietnam Moving Wall Mrs. Gilligan stated this item comes before Council at the request of Councilman Crites inquiring what it would take for the City of Palm Desert to host the Moving Wall again. She said it takes approximately four years after the request is 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * made for the Wall to come here, and there is a significant list of requirements the City would have to provide in order to have it here. She asked for Council direction. Councilman Crites moved to, by Minute Motion, direct staff to make application for hosting the Vietnam Memorial, The Moving Wall. He feels that four years from now it will be again appropriate to host the Wall since the response from the Valley as a whole was beyond all expectations, and this will provide four years in which to secure sponsors and volunteers. He felt it was a fine thing to do for the Valley. Motion died for lack of a second. Councilman Spiegel agreed that it was a fine thing to do for the Valley; however, he believes we should explore possibilities for honoring other veterans of other wars and conflicts where lives have been lost. He said we should work with the Veterans of Foreign Wars and American Legion to coordinate such a program to honor our armed services. Councilman Crites stated he had no objection to doing this and other things; it was not his intention to make the Moving Wall the only program of its type to honor our veterans. Mayor Pro Tempore Benson stated she agreed with Councilman Spiegel. She feels there are other avenues to explore-- varied exhibits in the park, etc. While she feels it was a very moving experience to host the Wall, as it certainly was brought to many people in this way, applying to host it again in four years is premature at this juncture. Councilman Crites replied that if in three years, Council decides to host the Wall, it will be another four years from the date of application to its display. Councilman Snyder, as a veteran himself, said he agreed with the comments made by Mayor Pro Tempore Benson. Mayor Kelly concurred with Councilman Spiegel and Mayor Pro Tempore Benson. He said it was a wonderful thing we did with a wonderful result. But he noted that the Korean War was a devastating event whose veterans suffered much, and there are probably more veterans from World War II in the Coachella Valley than from any other conflict. Therefore he believes we should concentrate our efforts on another type of program before a decision like this is made for four years from now; however, he was quick to point out he feels this program should be repeated at a future date. Councilman Spiegel moved to, by Minute Motion, direct staff, working with all the veterans' groups, to plan a program of recognition for Veterans' Day 1998 in Civic Center Park celebrating all the branches of our armed forces. Motion was seconded by Benson and carried by unanimous vote. 3) Beer Concession for Golf Cart Parade Mrs. Gilligan stated that Parade Charities has requested, as they have in the past, for a permit for the sale, possession and consumption of alcohol for the November 9, 1997, Golf Cart Parade. She asked that this be added to the Agenda for discussion and action. Councilman Crites moved to add this item to the Agenda. Motion was seconded by Spiegel and carried by unanimous vote. 13 MINUTES • REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites moved to, by Minute Motion, approve the permit for the sale, possession and consumption of alcohol for the November 9, 1997, Golf Cart Parade. Motion was seconded by Spiegel and carried by unanimous vote. 4) Skins Game Promotion Mrs. Gilligan stated at the last Promotion Committee Meeting, Tuesday, October 21, representatives of the Skins Game, being held in La Quinta this year, requested the City consider some promotional participation. She asked that this item be added to the Agenda for discussion and action. Councilman Spiegel moved to add this item to the Agenda. Motion was seconded by Kelly and carried by unanimous vote. Mrs. Gilligan stated that the event promoters attended the CVB meeting on Tuesday morning and were directed to attend the Promotion Committee meeting at the City in the afternoon. She said the Promotion Committee, "...voted unanimously to support the project and to send its recommendation to the Council for consideration with the understanding that a monetary amount for the support would be determined by the City Council." She added they are seeking $70,000.00, but they are looking for other cities to participate— Indian Wells and Rancho Mirage. She then deferred comment to Mayor Pro Tempore Benson and Councilman Spiegel since she was not at the Promotion Committee meeting. Mayor Pro Tempore Benson stated it is the policy of the CVB not to endorse special events. But she said, in order to assist the promoters with an alternative, Councilman Landes of Indian Wells suggested his city might be interested in helping, Chris Murphy of Rancho Mirage said they would, too. So it was suggested they attend the Promotion Committee for the recommendation. She added La Quinta said they do not have $70,000.00 to spend for this, and it was discussed at the CVB that if the other cities came in with a portion, perhaps La Quinta would come in with a portion, but it was up to the promoters to raise whatever amount possible between the other cities. Councilman Spiegel stated that Mr. Gene McCauliff from the Skins Game was in attendance to make additional comments to the Council. Councilman Crites asked who funded this promotional activity when the event was held in Palm Desert. Mayor Pro Tempore Benson answered that this question was also addressed at the CVB meeting— when the event was held in Palm Desert, the money was provided by Palm Desert, as we always have on events held here. Councilman Crites then asked if Palm Desert is being asked to pay part of what would otherwise be the responsibility of La Quinta. MR. GENE MC CAULIFF of Bermuda Dunes, CA, Manager of the Skins Game, La Quinta, CA, said his organization felt they could offer a unique promotional opportunity in view of the fact that the Skins Game garnered the highest television ratings in the history of golf in Saturday's telecast in 1996. He presented Council with statistical information on the television coverage. He went on to say that the City of La 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Quinta did, indeed, turn them down because of what they determined was a major shortfall in their community funding. Therefore, the organizers turned to the CVB. He noted the fact that Tiger Woods is one of the participants certainly adds significant notoriety to the event, one which the Coachella Valley cities can capitalize upon. He said the information before Council includes a preapproved, non-commercial script to promote the Coachella Valley which will be embedded in the telecast. He noted that a similar ad was produced and telecast when the event was held at Bighorn. This year's estimated number of U.S. viewers is 9 million, 14 other countries will also televise the event. Mr. McCauliff stated he had spoken with Michael Landes, City of Indian Wells, and he is proceeding to get approval from the general managers of the hotels in his city, and he is also reapproaching La Quinta. He noted Chuck Cervello has already pledged monetary support for City of Indio, and he will be speaking with Pat Pratt and Chris Murphy of Rancho Mirage tomorrow morning. Councilman Spiegel added that Palm Desert will get a booth at the Skins Game, and would have the ability to distribute promotional materials for the McCallum Theatre, the Living Desert, shopping on El Paseo, etc. Mayor Pro Tempore Benson asked Mr. McCauliff if he would be soliciting Palm Springs for funding. Mr. McCauliff answered their representative did not attend the CVB meeting which concerned him since time is of the essence, but they will be approached. Ms. Benson asked for details about the script being tailored to those cities who make a monetary contribution. Mr. McCauliff stated this is how it would be handled. Councilman Spiegel stated that the three city councils who were most anxious about this presentation were Indian Wells, Rancho Mirage and Palm Desert; and Palm Desert was the first one to meet since Tuesday. He stated that Indio has committed $5,000.00, but this is not one-fourth of the total. Mr. McCauliff added that hoteliers from Rancho Mirage to Indio are sold out for the weekend of the Skins Game, partly due to increased attendance (increased from 1,200 to 10,000). He stated the Palm Desert Town Center is featured in promotional material with the tickets. He reiterated the uniqueness of the opportunity and asked for Council's favorable decision. Mrs. Gilligan asked Mr.McCauliffe if the cities who participate will have script approval prior to its finalization. Mr. McCauliff answered the cities will get final script approval. Councilman Snyder stated he would like to see all nine Coachella Valley cities involved in the project, even though time is of the essence. Councilman Crites added he did not think the City of La Quinta was in dire financial straits, and he wanted to know why the other cities are expected to step in and bail them out. Mayor Kelly added there are other cooperative programs in the Valley where La Quinta does not participate (i.e. TUMF), he presumes, for the same reason. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites stated while this program this year would benefit the City of Palm Desert in tourist trade overall, when it was held in Palm Desert, those attending also stayed at the La Quinta Hotel, and shopped in Indian Wells, etc. But he said, it is still being held in La Quinta, and so far their net contribution is zero; therefore, he's unwilling to commit our funds when they will not do the same. Councilman Spiegel said at this point, we do not know that they will not contribute since they were not at the CVB meeting, nor was Palm Springs. He said La Quinta was asked for $70,000.00, and they would not spend this, but they may very well participate with a group of other cities for a lesser amount. Mayor Kelly asked what will happen down the road when the Skins Gameis again hosted in Palm Desert-- will these other cities contribute to us? He recalled the train station project when the two neighboring cities were asked to participate and did not. He is all for working together and feels the Skins Game is a wonderful event for the Valley, but he first wants assurance that all the cities are concerned with it and will work together. Therefore, he feels if we approve something this year, there needs to be a better method for coordinating the effort. Councilman Snyder offered a solution might be that we concur with the program, it needs coverage, and we would agree to a portion of the cost once an agreeable formula is established. Mayor Kelly asked how much money is being requested. Mr. McCauliff answered $20,000.00 per city, Rancho Mirage, Indian Wells and Palm Desert. Mayor Kelly asked if La Quinta was asked for $20,000.00 since they said they might participate with other cities. Mr. McCauliff answered that Michael Landes was going to go back to the city, per his conversation with Mr. Landes late yesterday afternoon. Councilman Crites moved to, by Minute Motion, authorize the Mayor to spend an appropriate sum when it is shown that this request is being made in a comprehensive fashion with our neighboring cities, and that there is significant participation from the City of La Quinta. Mayor Kelly asked that the motion include Councilman Spiegel to work with the Mayor in determining an appropriate monetary amount. Councilman Crites moved to, by Minute Motion, authorize the Mayor and Councilman Spiegel to spend an appropriate sum when it is shown that this request is being made in a comprehensive fashion with our neighboring cities, and that there is significant participation from the City of La Quinta. Motion was seconded by Snyder and carried by unanimous vote. 5) AIPP Field Trip to Phoenix Area Mrs. Gilligan stated the Art In Public Places Subcommittee is planning a trip to the Phoenix area and would like Council to approve their request for out-of-state travel. Councilman Spiegel asked why Arizona. Mrs. Gilligan asked Mr. Nagus to provide details. Mr. Nagus stated the AIPP Subcommittee has long been wanting to make field trips to see other programs in other cities, and Phoenix became the first city since they 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * do many highway infrastructure projects. Since the Cook Street corridor is the next major project to be undertaken, this would provide a day trip to look at what has been done and meet with some of the people involved in Tempe, Scottsdale and Phoenix. Councilman Crites moved to add this item to the Agenda. Motion was seconded by Benson and carried by unanimous vote. Councilman Crites moved to, by Minute Motion, approve the AIPP Subcommittee Field Trip to the Phoenix, Arizona, area for Friday, October 24, 1997. Motion was seconded by Benson and carried by unanimous vote. D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. REQUEST FOR APPROVAL of Memorandum of Understanding (MOU) Between State of California and Torres -Martinez Indian Tribe. (Mayor Richard S. Kelly) Mr. Diaz apologized for the fact this item should ben have been agendized as New Business. He stated there is an agreement by the State of California regarding Highway 86 and the right-of-way being purchased by the Torres - Martinez Tribe. Mayor Kelly asked if this was something which should be considered in Closed Session. Mr. Diaz stated that yes, it should be discussed in Closed Session due to potential litigation. Mr. Hargreaves added this had already been listed as one of the items for Closed Session consideration this evening. 2. its at College of The Desert Mayor Pro Tempore Benson asked for staff to generate a report regarding the lights at College of The Desert (COD). A constituent had asked her whether COD had added lights on top of existing lights, and what the City is doing about this. Mr. Diaz responded that staff was aware of the situation and it will be considered during Closed Session under pending litigation, the number should be 4 potential cases rather than 2. 3. Tattoo Parlor Regulations Councilman Spiegel addressed a memorandum from City Manager to Council regarding tattoo parlor regulations. Councilman Spiegel moved to add this item to the Agenda. Motion was seconded by Snyder and carried by unanimous vote. Councilman Spiegel moved to, by Minute Motion, refer the matter to the Zoning Ordinance Review — Committee for consideration and comment. Motion was seconded by Crites and carried by unanimous vote. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 4. Dispatching Councilman Spiegel addressed a memo from City Manager to Council regarding local dispatching from the Sheriffs Station at $383,406.00 additional cost for full-time staffing. He asked that the City Manager take the issue to the rest of the Cove Communities for their interest in the program. Councilman Crites moved to add this item to the Agenda. Motion was seconded by Kelly and carried by unanimous vote. Councilman Crites moved to, by Minute Motion, direct the City Manager to take the issue of local dispatching from the Palm Desert Sheriff's station to the Cove Communities Public Safety Commission to determine whether or not the other two cities are interested in participating in the cost of the program. Motion was seconded by Spiegel and carried by unanimous vote. o City Council Committee Reports: 1. Riverside County Transportation Commission/Ontario Tourism Train Proposal Mayor Kelly stated he attended an informative and productive meeting today regarding the tourism train proposal (Ontario to Palm Desert continuing onto the Salton Sea) presented by Messrs. Alibaba Farzaneh and Dale Gribow at the September 11, 1997, Regular City Council Meeting. He said that Mr. Cromwell offered to call a meeting to discuss the proposal; Ms. Cornielson of the RCTC was in attendance and after their presentation, she made a comprehensive presentation describing efforts made in the past. He noted at one time there had actually been a schedule prepared. There are issues with Southern Pacific Railroad and Union Pacific and their merger, public funds cannot be used to support the project unless it makes a another stop in the route, and if it is a straight -through excursion, it must be a private sector project. Councilman Crites asked if the entrepreneurs intended to pursue their project. Mayor Kelly stated they still seemed enthusiastic yet concerned for the welfare of all; in fact, asking Ms. Cornielson if their proposal in any way interfered with the goals of the RCTC, which he felt an excellent question. He added that Mr. Gribow and Mr. Farzaneh now intend to explore options available to them from the private sector. Upon motion by Spiegel, second by Crites, and unanimous vote of the City Council, Mayor Kelly recessed the meeting at 5:29 p.m. for dinner and Closed Session. He reconvened the meeting at 7:00 p.m. XI. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XII. AWARDS, PRESENTATIONS, AND APPOINTMENTS None 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XIII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF AN APPEAL OF A PLANNING COMMISSION DECISION BY MICHAEL HOMME FOR A PRECISE PLAN OF DESIGN FOR A 12,500 SQUARE FOOT, SINGLE -STORY PROFESSIONAL OFFICE/MEDICAL BUILDING AND SETBACK VARIANCE FOR SAME BUILDING ON THE NORTH SIDE OF FRED WARING DRIVE BETWEEN MONTEREY AVENUE AND ACACIA DRIVE (CASE NO. PP 97-8 AND VAR 97-1). Mr. Drell noted the report in the Agenda packet. He stated everyone agrees this is a great project; there is no controversy about the design. However, the issue involves conditions of approval of use restrictions inherent in the O.P. zone, which the appellant maintains make the development of this property unfeasible. He went on to say in approving this project, Planning Commission (there is an error in one of the conditions presented here), certain of the burdens on the property when it was previously approved included both dedication and improvement of a right turn lane on Monterey which involved relocation of signal and drainage structures at an estimated cost of $125,000.00. In modifying Condition No. 3 of the Public Works conditions in the Planning Commission Resolution, the Planning Commission deleted the requirement for the improvement responsibility of that right turn lane, and it was a phrase that was not deleted that also deleted the requirement for the associated costs of that right turn lane including the traffic signal and drainage system modifications (the bulk of the expense). They maintained the requirement to dedicate the right of way both on Monterey and Fred Waring. The appellant had initially asked for two things to make this economical, either: 1) Allow him up to 2,000 square feet of general commercial, which could be 2,000 square feet of restaurant in the building; or, 2) At Council's request, he calculated amount of the financial relief, without the commercial, to make the project feasible, approximately $225,000.00. He said the deletion of the Monterey right turn lane reduced the amount, in the appeilant's opinion, to $100,000.00, still insufficient to make the project feasible; therefore he filed the appeal, requesting commercial use or other relief from conditions. He concluded by stating Mr. Homme has developed several successful, high -quality office building projects in the City and has earned a just reputation for his work in this area. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this item. MR. MIKE HOMME, 46-300 Desert Lilly, Palm Desert, CA 92260, stated he was the appellant. He said he has been working on this project with City staff for some time. He provided a brief history of the project; approximately 13 years ago he purchased a great deal of property on Monterey Avenue, all of which he still owns, and he built six or seven office buildings. The gentleman from whom he purchased most of the other parcels would only lease the property on the corner of Monterey Avenue and Fred Waring Drive, so he leased this as part of the rest of the property that he purchased. He added that the lease was 65 years long, and after a few years he leased it to Dick Oliphant and Tony Lizza. Messrs. Oliphant and Lizza have brought projects before the Council's approval on two or three separate occasions, the problem being the widening of Fred Waring Drive and Monterey Avenue. He said that those widening requirements make the property extremely small and adequate parking 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * is unrealizable; with the dedication of property for this widening, there really is not enough area to generate enough square footage at today's rental rates to be feasible, in addition to conditions requiring payment for the improvements for the widening. He said originally, improvements were made for this whole area under an assessment district 10 or 11 years ago. To widen Fred Waring and Monterey, things like drainage structures must be removed and reinstalled, upgraded signalization to accommodate the widening, and utility connections in the right of way relocated, making the fiscal impact on the developer quite a hardship and the reason the property remains undeveloped. He went on to say that he used the firm of Holden & Johnson to design a single -story office structure, two buildings-- one at 6,000 square feet and one 6,500 square feet. In his application to the City, he included a letter stating the only way this project works is if the City bears the brunt of the widening of both Fred Waring Drive and Monterey Avenue and any associated cost, and to allow some mixed use within the building to generate a bit more rent than an office professional use due to the depressed state of the market for this type of real estate and the restrictions which govern its use. He stated that such uses as a copying business or office products really cannot be in that office use, they fall under general commercial use. Therefore to provide a bit more marketability for the site and generate more rental revenue, he proposed a mixed use with approximately 2,000 square feet which made the project more feasible. He stated while the Planning Commission has been very accommodating in eliminating most of the conditions on the widening of Fred Waring and Monterey (the widening, signalization, and drainage), they left the sidewalk, which is a substantial cost, and they eliminated the commercial portion all together. Therefore, he is requesting additional assistance from the City in order to proceed with his project. MS. DIANA LAMAR, 43-827 Acacia Drive, Palm Desert, CA 92260, stated she has lived across from the vacant lot for about six years. She said that about one year ago, the neighborhood came together and voiced their displeasure at a proposed project which would have generated a great deal of traffic for this same corner. She went on to say that Mr. Homme showed her a rendering of his project, and she has of course seen his other projects, and she wholeheartedly approves of this entire project, including the landscaping. While it will add somewhat to the traffic on Acacia Drive, she feels it would only be an attractive asset to the City from what is now a dusty vacant lot. Mayor Pro Tempore Benson stated she certainly does not want to see any retail at this site, and that if the City helped anyone with road improvements, traffic or sidewalks, she would want it to be Mr. Homme, due to his history of developing fine projects in Palm Desert. She agreed with Ms. Lamar that this corner would be better served with an attractive building, and if some costs could be calculated for what the City would need to contribute for road improvements, she would be in favor of approving these. Councilman Snyder concurred with Mayor Pro Tempore Benson's comments, and Councilman Spiegel said he too agreed, but in reading the minutes from the Planning Commission, he wondered if Ms. Lamar's concerns for traffic on Acacia Drive could also be addressed whether or not this project is approved. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Folkers stated that a plan for Acacia Drive has been developed and sent to a neighborhood spokesperson. To date, a response has not been received; therefore, it was deemed that if Mr. Homme's project went forward, his department would be more aggressive in contacting the neighborhood to implement such a program. Councilman Crites asked, in light of Mayor Pro Tempore Benson's comments about road improvements, if the City was not already doing these. Mr. Drell answered that the relief needed by Mr. Homme is for sidewalks and $45,000.00 for undergrounding. He said he is not sure whether Council wants to waive TUMF fees, but Mr. Homme needs another $100,000.00± of relief in order to proceed. He offered that staff could determine where this amount could be generated and come back to Council with a recommendation. Councilman Crites agreed that Mr. Homme's buildings are of a caliber consistent with the City's development goals, but he disagrees with the source of assistance, if indeed there is, he does not endorse waiver of TUMF fees or the City paying for sidewalks-- many other developers have requested the same or will in the future if this project is approved. He stated that his preference would be to look for something that would be light -impacting commercial. He noted that in the Planning Commission discussion of September 16, 1997, they suggested a gallery, a copy shop and other uses compatible with the neighborhood (i.e McCallum Theatre and College of The Desert) as a better precedent than writing down fees. Mayor Pro Tempore Benson stated she too does not approve of writing down fees, but she still does not want to see commercial, because if approved and it does not coincide with what goes in there, there are problems with rental retention and future requests for zoning change, and there is constant turnover. She added the City has previously put in sidewalks, widened streets, corrected corners, etc., in other areas of Palm Desert where they should have already been; these are City improvements, and this is the part that she would like to see as assistance to Mr. Homme-- general improvements to the overall area. Councilman Spiegel agreed that no commercial should be allowed at this site; the hours are listed at 8:00 a.m. to 5:00 p.m., and there is not much commercial business which can close at 5:00 p.m. He also agreed the City should not waive fees; however, the City has done things for developers, like the parking structure behind Sak's, to assist these projects. He said perhaps there is something we can do here as well. Mayor Kelly, as .:... :,a:.,.tative to the SunLine Transit Agency, expressed his concern for bus stops. He said this case may be an opportunity to solve the problem for this extremely busy bus stop which serves College of The Desert. He added it is no fault of Mr. Homme's that bus stop facilities are needed at this location. He said there currently is a complaint with SunLine that the facility is not wheelchair accessible, while a bit of modification was made, more needs to be done. He feels the City definitely needs the right turn lane for its own purposes, not just because of Mr. Homme's project, as well as a better -than -average bus shelter at this high traffic site with sidewalks to equal— these are all improvements that are needed at this site right now, developed or not. He concluded that there must be a way to accomplish success for all 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * concerned here without approving commercial; however, he added sometimes commercial which is compatible with the rest of the usage, is a workable option. Mayor Pro Tempore Benson moved to, by Minute Motion, continue the public hearing to the next regular meeting, Thursday, November 13, 1997, at 7:00 p.m., and direct staff to work with Mr. Homme to develop a solution which incorporates all the improvements discussed tonight, without the waiver of fees, and a possible option of restricted commercial to be presented at that time. Motion was seconded by Spiegel. Mr. Drell stated that Mr. Homme's consent to the continuance was necessary in order to waive the 45-day period in which to decide appeals. Mr. Homme consented to the time extension for his appeal and continuance of this matter to the meeting of November 13, 1997. Councilman Spiegel asked if all the above could be accomplished by the meeting of November 13, 1997. Mr. Drell answered staff would make every effort to do so. The motion carried by unanimous vote. XIV. ORAL COMMUNICATIONS - B None XV. ADJOURNMENT Upon a motion by Spiegel, second by Crites, and unanimous vote of the Council, Mayor Kelly adjourned the meeting at 7:24 p.m. ATTEST: SHEILA R. GILLIGA , ITY CLERK f ..) CITY OF PALM DES T, CALIFORNIA „",,,,,lio RICH S. KELLY, MAYOR / 22