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HomeMy WebLinkAbout1999-01-28NIINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 28, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Spiegel convened the meeting at 4:00 p.m. H. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro-Tempore Buford A. Crites Councilman Jim Ferguson Councilman Richard S. Kelly Mayor Robert A. Spiegel Also Present: Ramon A. Diaz, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, Director of Community Affairs/City Clerk Richard J. Folkers, ACM/Director of Public Works John M. Wohlmuth, ACM/Director of Administrative Services Carlos L. Ortega, RDA Executive Director Patrick Conlon, Director of Building & Safety Paul S. Gibson, Director of Finance/City Treasurer Steve Smith, Planning Manager David Yrigoyen, Redevelopment Agency Manager Rudy Acosta, Development Manager Teresa LaRocca, Housing Manager Rachelle D. Klassen, Deputy City Clerk With Council concurrence, Mayor Spiegel suspended the agenda at this point in order to allow an item of Oral Communication. MS. LORI MOSS of the Riverside County Fair and National Date Festival appeared before the City Council to thank the City of Palm Desert for sponsoring the fair. She presented Queen Scheherazade Sarah Young, Princess Dunyazade Sarah Lopez, and Princess Jasmine Ashley Craven MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * III. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of January 14, 1999. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 27, 34, 35, 27PD Office Complex, 34PD Office Complex (Checking), 34PD Office Complex (Trust), and 35PD Office Complex. Rec: Approve as presented. C-1 CLAIM AGAINST THE CITY (#378) by Willie Holland, Sr. and Titus Holland in an Unspecified Amount. Rec: By Minute Motion, reject the Claimant's "Application for Leave to Present a Late Claim" and direct the City Clerk to so notify the Claimant. C-2 CLAIM AGAINST THE CITY (#379) by Tim Gilbert in the Amount of $898.99. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Palm Desert Venture, LLC and The Leeds Group, Inc., Manager, for Vacation Inn, 74-695 Highway 111, Palm Desert. Rec: Receive and file. E. MINUTES of the Outside Agency Funding Committee Meeting of December 2, 1998. Rec: Receive and file. F. REQUEST FOR AWARD OF CONTRACT for the Citywide Tree Inventory Program (Contract No C15200). Rec: By Minute Motion: 1) Award the subject contract to Golden Bear Arborists, Monrovia, California, in the amount of $9,975, plus a ten percent (10%) contingency in the amount of $997.50, and authorize the Mayor to execute the contract; 2) authorize the appropriation of $10,972.50 from Unobligated General Fund Reserves, Account No. 110-4614-453-3091. 2 1lIINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * G. REQUEST FOR APPROVAL of Visitor Information Center Landscape Maintenance. Rec: By Minute Motion, approve Change Order No. 1 to Contract No. C08042 with Valley Gardening Service to include monthly landscape maintenance of the Palm Desert Visitor Information Center at the rate of $275 per month. H. REQUEST FOR APPROVAL of Change Order No. 1 to Contract for Monterey Avenue and Fred Waring Drive Intersection Improvements (Project No. 635-98, Contract No. C14440). Rec: By Minute Motion, ratify the City Manager's approval of Change Order No. 1 to the subject contract with Contreras Construction Company in the amount of $4,991.70. I. REQUEST FOR APPROVAL of Change Order No. 1 to the Contract for the Palm Valley Channel Pedestrian and Golf Cart Overcrossing (Project No. 665-98, Contract No C14780). Rec: By Minute Motion, ratify the City Manager's approval of Change Order No. 1 to the subject contract in the amount of $4,608.47. J. REQUEST FOR ACCEPTANCE OF WORK for Superblock III Landscaping on Highway 111 at Sage Lane (Contract No. C12580) (Pink, Inc.). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. K. REQUEST FOR ACCEPTANCE OF WORK for Desert Willow Perimeter Wall at the Mountain View Course (Contract No. C13810) (John Barajas Masonry). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. L. REQUEST FOR ACCEPTANCE OF WORK for the Installation of Stamped Concrete on the Cook Street Medians North of Country Club Drive and Hovley Lane East, East of Portola Avenue (Project No. 770-98, Contract No. C14200) (James E. Simon Company). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. M. REQUEST FOR ACCEPTANCE OF WORK for the El Paseo Tree Project (Project No. 600-98, Contract No. C14570) (Golden Bear Arborists). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * N. REQUEST FOR ACCEPTANCE OF WORK for Golf Course Signage at the Mountain View Course of the Desert Willow Golf Resort (Contract No. C14740) (Graphic Art Productions). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. O. REQUEST FOR APPROVAL of Three -Year Lease of Vehicles for Desert Willow Superintendent (Contract No C15380). Rec: By Minute Motion, approve subject lease agreement with Indio Chrysler, Indio, California. P-1. RESOLUTION NO. 99-8 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Files from the Department of Building and Safety that Have Been Microfilmed (October 1998). Rec: Waive further reading and adopt. P-2 RESOLUTION NO. 99-9 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Files from the Department of Building and Safety that Have Been Microfilmed (November 1998). Rec: Waive further reading and adopt. P-3. RESOLUTION NO. 99-10 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Files from the Department of Building and Safety that Have Been Microfilmed (December 1998). Rec: Waive further reading and adopt. Q. REQJW-S _FOR APPROPRIATION OF FUNDS to Update City Clerk's Records Center. Rec: By Minute Motion: 1) Approve the purchase of Storight System to consolidate existing records management equipment with expanded system for increased volume of storage in City Clerk's Records Center; 2) appropriate funds from Unobligated General Funds in an amount not to exceed $13,000 for the amount of the purchase ($11,847.11) plus rental of file transfer carts to be used during installation, tentatively scheduled for the week of February 22, 1999. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * R. REQUEST FOR APPROPRIATION OF FUNDS to Update Community Development Department Filing Area. Rec: By Minute Motion: 1) Approve the purchase of Storight System to increase the storage capacity in the Department of Community Development; and 2) appropriate funds from Unobligated General Funds in an amount not to exceed $15,220 for installation, tentatively scheduled for the week of February 22, 1999. S. REQUEST FOR APPROVAL of Out -Of -State Travel for Deputy City Clerk to Attend International Institute of Municipal Clerks at Arizona State University. Rec: By Minute Motion, approve the request for out-of-state travel by Deputy City Clerk Rachelle Klassen, February 7 - 12, 1999, to attend the International Institute of Municipal Clerks (IIMC) to be conducted at Arizona State University, College of Public Programs, Tempe, Arizona. T-1. REQUEST FOR APPROVAL of Business License Fees for Epicurean & Garlic Shoppe. Rec: By Minute Motion, approve the refund of $56.88 for Business License No. 98-14483 from FY 1998/99 budget. T-2. REQTTEST FOR APPROVAL of Business License Fees for Beanie Baby Outlet. Rec: By Minute Motion, approve the refund of $45.00 for Business License No. 98-17320 from FY 1998/99 budget. T-3. REQUEST FOR APPROVAL of Massage Permit Fee for Kathleen Priddy. Rec: By Minute Motion, approve a total refund of $50.00 for Massage Permit No. 98-13545 from FY 1998/99 budget. T-4. REQUEST FOR APPROVAL of Business License Fees for Perfect Image. Rec: By Minute Motion, approve the refund of $34.11 for Business License No. 98-17784 from FY 1998/99 budget. T-5. REQUEST FOR APPROVAL of Business License Fees for Deborah Uchualik. Rec: By Minute Motion, approve the refund of $45.00 for Business License No. 98-19068 from FY 1998/99 budget. Upon motion by Ferguson, second by Kelly, and unanimous vote of the Council, the Consent Calendar was approved as presented. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IV. CONSENT ITEMS HELD OVER None V. RESOLUTIONS A. RESOLUTION NO. 99-11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, IN SUPPORT OF CONGRESSIONAL APPROPRIATION OF LAND AND WATER CONSERVATION FUNDS TO THE BUREAU OF LAND MANAGEMENT FOR ACQUISITION OF LANDS WITHIN THE SANTA ROSA MOUNTAINS NATIONAL SCENIC AREA. Councilmember Benson moved to waive further reading and adopt Resolution No. 99-11 Motion was seconded by Ferguson and carried by unanimous consent. NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THIS MEETING. B. RRSOLI TION NO. 99-11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION NO. 98-150 AND APPROVING THE PROPOSED REORGANIZATION TO INCLUDE ANNEXATION NO. 34 TO THE CITY OF PALM DESERT, PURSUANT TO THE CORTESE-KNOX LOCAL GOVERNMENT REORGANIZATION ACT OF 1985, AND CONCURRENT DETACHMENT FROM THE RIVERSIDE COUNTY WASTE RESOURCES MANAGEMENT DISTRICT WHICH PROCEEDINGS ARE DESIGNATED AS PALM DESERT ANNEXATION NO. 34, LAFCO NO. 97-15-4. Mrs. Gilligan stated the item was before Council because the resolution adopted previously omitted two items that the County of Riverside needed included in the resolution. Councilman Ferguson moved to waive further reading and adopt Resolution No. 99-15. Motion was seconded by Kelly and carried by a 3-2 vote with Councilmember Benson and Mayor Pro-Tempore Crites voting NO. VI. ORDINANCES For Introduction: None For Adoption: None 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VII. NEW BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR ENGINEERING DESIGN OF GERALD FORD DRIVE WIDENING FROM PORTOLA AVENUE TO COOK STREET (PROJECT NO. 677-99, CONTRACT NO. C15390). Councilman Kelly moved to, by Minute Motion: 1) Approve the engineering design proposal from Keith International, Inc., Palm Desert, California, for the subject street widening and storm drain engineering design in the amount of $58,400, plus a ten percent (10%) contingency in the amount of $5,840, for a total amount of $64,240 -- funds are available from the Measure "A" Account; 2) authorize the Mayor to execute the agreement. Motion was seconded by Ferguson and carried by unanimous vote. B. REQUEST FOR APPROVAL OF OFFICE SPACE REDESIGN, RELOCATION OF EMERGENCY OPERATIONS CENTER (EOC), AND ART GALLERY MODIFICATION. Mayor Pro-Tempore moved to, by Minute Motion, continue the subject matter to the 7:00 p.m. secsion of the City Council Meeting to allow Council to review the requested improvements. Motion was seconded by Ferguson and carried by unanimous vote. Following reconvening of the 7:00 p.m. session, Mr. Wohlmuth reported that staff requested Architect Bob Ritchey be retained to design tenant improvements for the EOC, Code Compliance area, and to begin design of the counter, wall, and door relocations within the Administrative Services and Community Services buildings. He noted staff would return to Council for approval of the modular unit design and integrated offices at a later date, prior to the solicitation for bids, but for now would continue with the design process. Councilmember Benson moved to, by Minute Motion: 1) Authorize the Mayor to enter into an agreement with Robert S. Ritchey, Architect, for design services for tenant improvements within the Community Services Building and the Administrative Services Building in an amount not to exceed $11,500 (Contract No. C15400); 2) authorize the City Clerk to advertise and call for bids for the modular office space equipment (Contract No C15410); and 3) authorize the City Clerk to advertise and call for bids for the construction of tenant improvements within City Hall at an appropriate time (Contract No. C15420). Motion was seconded by Ferguson and carried by unanimous vote. C. CONSIDERATION OF REQUEST FROM AMERIFEST RELATIVE TO PRODUCTION OF THE "BIG GIG" AT COLLEGE OF THE DESERT. MR. JOHN MARMAN of College of the Desert (COD) stated COD had concerns about an event this size-- COD was concerned about its relationship with the City and the residents surrounding the college. He added COD submitted to AmeriFest Music Festivals a list of stipulations which were agreed upon, with the first being that all the City's concerns were met and that AmeriFest had complete approval by the City. Mr. Marman stated if COD agreed 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * to the event, it would proceed to the best of its ability. He further stated if the City had concerns, they would not proceed. MR. KENNETH WHITE, AmeriFest Music Festivals, addressed the Council and stated AmeriFest had conducted a parking study which was presented to the Public Works Department. He felt the study met the requirements of the City. MRS. WHITLOCK, Monterey Country Club, addressed the Council with concerns about the noise level and vibration from the amplifiers. MR. WHITE stated Mr. Troy Volhoffer, the sound and light producer for the event, had presented them a report regarding decibel levels. He added that the decibel levels behind the stage would be approximately 70 decibels and could be baffled backstage with the use of trailers and semi -trailers which would decrease the volume by at least half-- 35 decibels. He said that street level noise was normally 90 decibels. Upon questioning by Mayor Pro-Tempore Crites, Mr. White said he would guarantee the noise level would not go above 70 decibels, and if it did, the concert would stop. MR. LEWIS WALDEISEN, AmeriFest Music Festivals, stated copies of the reports from the sound engineer would be provided to the Council, as well as copies of letters AmeriFest received from various residents supporting the event. MR. WHITE stated AmeriFest received a letter from the Town Center Mall regarding parking. He added the Town Center would allow AmeriFest the use of parking facilities if the City approved the event. He said that security and traffic would be paid for by AmeriFest, and there would be approximately 20 uniformed officers per day for approximately six hours per day. In response to Mayor Pro-Tempore Crites' inquiry as to collection of the $5.00 parking fee, Mr. White stated the traffic study included a map of where all booths would be set up. He added collection booths were in far enough so as not to cause a backup onto the main drives. Mayor Pro-Tempore Crites stated events held at COD on Saturday and Sunday each week caused a backup continuously and felt it could not be avoided. He also expressed his concerns for attendees who parked on residential streets in the local neighborhoods to save on the parking fee. MR. WALDEISEN stated that the street fair at COD ended at 2:00 p.m., and all vendors were usually gone by 4:00 p.m. He added the lots heavily used by the street fair were near the swimming pool area and between COD and the McCallum Theater. He said the lots on the soccer field, the outfield of the softball field, and parking at the Town Center Mall would be open to early arrivals; all other lots would not be opened until 4:30 p.m. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Folkers stated information received by the Public Works Department was not to his satisfaction. He added that Mark Greenwood, Traffic Engineer, had worked on the project and also was not enthralled with the plan or proposal. Councilmember Benson voiced her concerns regarding use of the City lots and what measures would be taken to keep attendees from parking in those lots. Mr. White stated signage would be placed as well as uniformed officers would be placed at certain areas. Councilmember Benson felt signage would not keep attendees from using City parking lots. MS LIBBY TALCO-CRIGER, 72-610 Pitahaya Street, Palm Desert, CA, stated she supported the "Big Gig" event and felt a musical event was wonderful to listen to and very healing. Mr. Diaz stated a traffic study was received, and staff had not had an opportunity to fully analyze it. He added the City Manager's office would not recommend approval of the event. MR. ED FIALA, Monterey Country Club, stated there were only two exits out of Monterey Country Club on Monterey Avenue. He further stated quite a few problems existed with exiting the south gate on Saturdays and Sundays, and the AmeriFest event would make problems worse. Councilman Ferguson stated he was not in favor of the proposal. He added the City had an opportunity to have the Boston Pops perform in the Civic Center Park last year and declined. He added the logistics did not work, as the City was not adequately suited for an event that size. He said the "Big Gig" event was held at the Indio polo grounds the year prior because it was a large enough facility for the event. He added that Monterey Country Club, College of the Desert, and the Town Center Mall had all approved the proposal conditioned upon the City's approval. He felt the event was not an appropriate use for the City of Palm Desert. Councilmember Benson concurred with Councilman Ferguson and stated COD was not the right place for the event, Indio was more suited to handle such an event. Mayor Pro-Tempore Crites stated approval of an event which the City Manager and Public Works Department disapproved was inappropriate. He suggested that although AmeriFest had solved the issues of police and noise levels, the City should take no action unless the City Manager and Public Works Department presented to Council their recommendations and analysis of the traffic control study. Councilman Kelly stated he did not wish to review the proposal again. Councilman Ferguson added that he did not want to encourage the promoters if approval was unlikely. Mayor Spiegel stated when the Boston Pops was held at Indian Wells, which had adequate space, letters of complaint appeared in the local paper regarding parking. He felt the number of people the "Big Gig" would attract was three times the amount of the Boston Pops. 9 IVIINUTCS REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Ferguson moved to, by Minute Motion, deny the request for approval to sponsor the AmeriFest Music Festival "Big Gig". Motion was seconded by Kelly and carried by unanimous vote. D. REQUEST FOR APPROVAL OF THE INSTALLATION OF A STOP SIGN AT PITAHAYA STREET AND EDGEIIILL DRIVE. The following persons spoke in favor of the installation of a stop sign at Pitahaya Street and Edgehill Drive: MS. LIBBY TALCO-CRIGER, 72-610 Pitahaya Street, Palm Desert. MR. ROBERT MERIKLE, 72-494 Pitahaya Street, Palm Desert. MR. PAUL WEISBERG, 72-476 Pitahaya Street, Palm Desert. MRS. JOHN (GLORIA) DUBOISE, 1310 Sandpiper, Palm Desert. MR. LARRY EVERSALL, 72-500 Beavertail, Palm Desert. MR. DEAN SCHUMAN, 72-495 Pitahaya Street, Palm Desert. MS. VIRGINIA TILLMANNSHOFER, 1309 Sandpiper, Palm Desert. MR. BOB KINSEY, Palm Desert. MS. ALISON SANTUCCI, Palm Desert. Councilman Ferguson stated that Edgehill Road went all the way up to Highway 74, adding the development where Edgehill met Highway 74 was Vista Paseo, which had a secondary access road that had been chained off. He stated those who would otherwise enter onto Highway 74 from that secondary access road were using Edgehill Road and traveling 50 miles per hour. He questioned why the secondary access road had been chained and why staff could not look at opening that road to ease the flow of traffic. Councilmember Benson stated there was never a secondary access road from Edgehill to Highway 74. She added that was an emergency exit which was in place during construction of the development, but there was never access to Highway 74. Mayor Pro-Tempore Crites stated the chain had always been in place. Councilman Kelly stated he was in favor of the stop sign but asked that a map and traffic count be added on future staff reports. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilmember Benson moved to, by Minute Motion, approve the stop sign installation at Pitahaya Street and Edgehill Drive. Motion was seconded by Ferguson and carried by unanimous consent. E. INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies None 2. Progress Report on Desert Willow Clubhouse Facility Mr. Acosta stated grading had been completed, and undergrounding for the utilities would proceed the week of February 1, 1999. He reminded Council of the Clubhouse ground breaking ceremony on January 29, 1999, at 9:00 a.m. VIII. CONTINUED BUSINESS A. ORDINANCE NO. 897 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT RELATING TO NON-COMMERCIAL SIGNS Case No. ZOA 98-5 (ration No. 1) (City of Palm Desert, Applicant) (Continued from the meetings of October 22, November 12, and December 10, 1998). Mr. Erwin requested the subject item be continued to the second meeting in February 1999. Councilman Kelly moved to, by Minute Motion, continue the subject matter to February 25, 1999. Motion was seconded by Benson and carried by unanimous vote. B. REQUEST FOR CONSIDERATION OF THE ADDITION OF BERMUDA DUNES TO PALM DESERT'S SPHERE OF INFLUENCE (Continued from the meetings of December 10, 1998, and January 14, 1999). Mr. Diaz requested the subject item be continued indefinitely. MR. FRANK GOODMAN, 78-200 Hidden River Road, Bermuda Dunes, CA, addressed the Council regarding the subject matter. He stated he realized the item had nothing to do with annexation. He stated he was unaware of the letter from the Community Council sent to the City Council which requested a continuance until March 11, 1999. He said approximately four years ago a census was taken with results indicating the City of Palm Desert should take Bermuda Dunes into its sphere of influence. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Spiegel stated the Bermuda Dunes Community Council went before City Council, and the Annexation Committee met with the Community Council to explain that the City would not consider annexation or sphere of influence without a request from them for that action. MS. BOBBI STEELE, Kingston, Bermuda Dunes, CA, stated she attended the Community Council meeting and said a five -person fact-finding committee was formed to do comparisons. She added the committee would put together a list of pros and cons about going with the various cities or staying with the County of Riverside. She further stated that Bermuda Dunes would request Council to be taken under Palm Desert's sphere of influence, if that was what the residents of Bermuda Dunes desired. Mayor Spiegel clarified that although Bermuda Dunes would be under the sphere of influence of Palm Desert, it would still be in the County of Riverside. MR.ERNIE DUNLEVIE stated the Bermuda Dunes Community Association had gone on record as favoring Palm Desert. He added the Association was an elected Board of Directors by the people, and the Community Council was appointed by the Supervisors. He felt the Community Association would reflect the wishes of the residents more than the Community Council. Councilman Kelly moved to, by Minute Motion, continue the subject matter indefinitely. Motion was seconded by Crites and carried by unanimous vote. IX. OLD BUSINESS A. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 1 TO CONTRACT FOR THE DESERT WILLOW SOUTH PERIMETER LANDSCAPE AND SIDEWALK PROJECT (CONTRACT NO C14450). Mr. Acosta stated the Art and Leisure Trail was on the agenda for the upcoming Desert Willow Committee and would then be presented to the Art in Public Places Commission. He added staff would move forward with the study book and recommendation book at that time. Councilman Kelly expressed his concern that landscaping would be put in and then changed within the next year. Mr. Acosta stated it was brought to Council with a reminder that there would be a possibility of retrofitting with respect to what was approved on the Art and Leisure Trail. He added staff would make every effort to minimize the changes in working with Intrawest Designers to maximize opportunities for the placement of the sidewalk. Councilman Kelly asked that locations be identified for the exercise trail. Mr. Acosta said when staff proceeded with the perimeter landscape and sidewalk project, the conceptual book was not available. He added staff met with designers to obtain a tentative location of the exercise points, and the landscape had been completed with the exercise points identified in the Art and 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Leisure book. He added Change Order No. 1 was for the Desert Willow south perimeter project, and the work had been completed. Councilman Ferguson asked that the subject item be continued or approved subject to review by the Desert Willow Committee for potential conflicts with the Art and Leisure Trail. Mayor Pro-Tempore Crites asked what would happen if Council denied the request for a change order since the work had been completed and the money had been spent. Mr. Acosta stated staff moved forward based on the recommendation of the Desert Willow Committee. Councilman Ferguson stated the Desert Willow Committee looked at the changes and noted the money was spent during a time when there were four canceled meetings of the Committee. He added a clear direction was given that money would not be spent and work not completed until such time as it was approved by City Council. Mayor Spiegel stated in comparison to the sand damage item, staff had spent $81,000 on a change order for this project, but repair to the sand damaged area waited until obtaining Council approval, which did not make sense. Councilman Kelly moved to, by Minute Motion: 1) Approve Change Order No. 1 to the subject contract with Park West Landscape for additional construction services in the amount of $81,408.82; 2) authorize the transfer of $58,305 from project contingency to the base contract; 3) approve $23,103.82 in additional funds from the City's Unobligated Funds. Motion was seconded by Ferguson and carried by a 4-1 vote with Mayor Pro-Tempore Crites voting NO. X. REPORTS AND REMARKS A. CITY MANAGER With Council concurrence, Items 1 & 2 of the City Manager's Report were discussed jointly. 1. Report on Annexation Policy. 2. Rtt on Economic Development Policy. Mr. Diaz stated two weeks ago a proposed Annexation Policy was presented to Council. He requested that a resolution be presented at the next City Council meeting for adoption. He said the policy consisted of data and areas of investigation that would be required prior to annexation or bringing an area under the sphere of influence of Palm Desert. He stated most of the policy was presently followed, but not in a clear-cut manner. He added by having the policy in place, the reports would address those items directly to Council and be investigated. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Spiegel stated under the section entitled "Plan of Service," it should also show the level of services to be provided compared to the level of services provided within the rest of the City." He added if the City annexed everything, all the residents should have the same level of service. Councilmember Benson stated that did not happen with Palm Desert Country Club. She added they agreed to come in without the same level of service because the City did not have the money at that time. She said that if the City looked at something like Bermuda Dunes, it would be astronomical. Mayor Pro-Tempore Crites stated if the City were to annex north of the freeway, Public Works would not be at the same level as other areas. He added there may be a plan to bring things into compliance over a certain time, adopt a rural overlay zone, or annexation with the agreement that the level was different from other areas. Councilman Kelly stated he would like more time to review the policy before adoption. Mr. Diaz stated his intention was to present to Council the policy and request the item be placed on the next agenda. B. CITY ATTORNEY Mr. Erwin asked that Closed Session consideration be given for those items listed on the agenda and asked that the Council consider adding an additional item under Government Code Section 54956.9(b), changing the number of potential cases from 3to4. Councilmember Benson moved that the item be added to the agenda. Motion was seconded • by Spiegel and carried by unanimous vote. , 1) Request for Closed Session: Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) City of Orange, et al. v. Alabama Treasury Advisory Program, et al., Los Angeles Superior Court Case No. BC106461. Significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: .i 2) Report and Action on Items from Closed Session Made at This Meeting. None 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. CITY CLERK Mrs. Gilligan stated a couple Councilmembers approached her regarding the budget session on February 26, 1999, starting at 8:00 a.m. She stated there was a conflict and requested that the meeting start at 9:30 a.m. Council concurred with this time change. D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Rmommendation of Franchise Agreement Policy (Mayor Pro-Tempore Crites). Mayor Pro-Tempore Crites commented on the newsletter item which addressed the problem of franchise agreements that stretch across two city boundaries. He suggested the City adopt a policy called "The Best of The Best." He added if there were things in the Indian Wells franchise that Palm Desert residents did not receive, those people in the border area would receive those that Indian Wells residents received. He stated if the franchise stretched across, the residents would get the best out of both sets of packages. 2. Bright Side Newsletter (Mayor Pro-Tempore Crites). Mayor Pro-Tempore Crites complimented the Director of Community Affairs and staff regarding the news letter. He added the planting guide in the current issue was beautiful. He also stated that the next issue should let the residents know the City has partnered with the Bureau of Land Management to pay $2.6 million for 384 acres instead of 84. 3. Consideration of Policy by Public Safety Commission for Term Requirements of Police Chief (Mayor Pro-Tempore Crites). Mayor Pro-Tempore Crites stated he received numerous comments regarding the Police Chief changing so often. He stated his response was the job was so good, the Chief was promoted. He asked that the Public Safety Commission look into a multiple -year commitment from anyone taking the Police Chief position so the City had continuity. He felt someone should be able to say they would stay in the position for three years to keep with the learning curve. Councilman Ferguson stated he had the same concerns as Mayor Pro-Tempore Crites. He added he reviewed the contract and it stated the Police Captain would not change without consulting the City. He stated he was not sure if that had happened in the past, but hoped the Sheriff's Department would consult with the City before making any changes. Mayor Pro-Tempore Crites stated he 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * felt it would be wise that somebody knew the expectation before assuming ,the position. 4. Comment on Marriott Courtyard/Residence Inn Project (Councilmember Jean Benson). Councilmember Benson stated she had viewed the Marriott project headed by Mr. Bill Swank and felt he was doing a tremendous job. She stated the view would be fantastic, one of the best in the Valley. 5. Comment on Desert Cancer Foundation honoring Sheila Gilligan (Councilmember Jean Benson). Councilmember Benson commended Sheila Gilligan for the work she does in. the community for the Desert Cancer Foundation. She added Mrs. Gilligan had recently been honored by the Desert Cancer Foundation for her work. 6. Comment on Dale Carnegie Course attended by executives. (Mayor Robert A. Spiegel) Mayor Spiegel commented that six executives of the City staff attended a ten - week Dale Carnegie course on their own time. He said the six members were Terre LaRocca, Paul Gibson, Luis Espinoza, Pat Conlon, Lisa Constande, and John Wohlmuth. He added Mr. Wohlmuth received the overall highest award for outstanding achievement. o City Council Committee Reports None Upon a motion by Ferguson, second by Kelly, and unanimous vote of the City Council, Mayor Spiegel adjourned the meeting to Closed Session at 5:20 p.m. He reconvened the meeting at 7:05 p.m. XI. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION Please see individual items for discussion and action. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO CITY COMMii err. AND COMMISSION MEMBERS IN RECOGNITION OF THEIR SERVICE TO THE CITY OF PALM DESERT. MARIAN (RUSTI) OLSEN, HOUSING COMMISSION; DON POORMAN, CITIZENS' ADVISORY COMMii irb FOR PROJECT AREA NO. 4; GEORGE KERMODE, LIBRARY PROMOTION COMMii i r i; AND JIM MCINTOSH, CIVIC ARTS COMMii. t r r. Mayor Spiegel noted that none of the recipients were in attendance to receive the presentation. With Council concurrence, Mayor Spiegel made the following presentation. Mayor Spiegel reported that the City of Palm Desert had recently received a Certificate of Achievement from the California Integrated Waste Management Board. He said it recognized the exemplary performance and invaluable contributions of the City of Palm Desert for successfully implementing the programs necessary to achieve the first waste diversion milestone established by AB939, as it stayed on track towards the 50% by 2000 statewide waste reduction mandate. He then presented the framed certificate to Mr. Wohlmuth. B. APPOINTMENTS TO THE LIBRARY PROMOTION COMMA i i r.& AND TO THE PROMOTION COMMI l Mrs. Gilligan reported that there were vacancies on both the aforementioned committees, stating that Ms. Engelhard had noted she would serve wherever there was a need. Further, she stated that Kasja Frary, of the McCallum Theatre, had been attending Promotion Committee meetings in place of Doug Hosner, a representative of that organization was necessary, and staff recommended her appointment. Councilmember Benson questioned whether Ms. Engelhard should be invited to attend a couple of Library meetings to see whether she would like to serve in that capacity. Mayor Pro-Tempore Crites noted his suggestion of Ms. Engelhard as an applicant did not mean that the usual process should be bypassed. Councilmember Benson moved to, by Minute Motion, appoint Kasja Thuresson-Frary to the Promotion Committee, serving as representative of the McCallum Theatre. Motion was seconded by Kelly and carried by unanimous vote. Mayor Spiegel concurred with Councilmember Benson and Mayor Pro-Tempore Crites on the appointment to the Library Committee, that Ms. Engelhard should first attend two Library Promotion Committee meetings and should also be interviewed. Mayor Spiegel moved to, by Minute Motion, continue the suggested appointment to the Library Promotion Committee. Motion died for lack of a second. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Ferguson noted that there was a shortage of members on the Library Committee, and he also liked interviewing applicants, when there was a surplus, to pick the best possible member. However, he felt if Ms. Engelhard attended the meetings, was comfortable, and staff concurred with the appointment, he would approve. Upon question by Councilman Ferguson as to how many vacancies existed, Mrs. Gilligan answered that there were currently two. Mayor Spiegel moved to, by Minute Motion, allow Councilmember Benson to invite Ms. Engelhard to the next two Library Promotion Committee meetings, and if she still wanted to serve in that capacity, bring back her appointment at that time. Motion was seconded by Crites and carried by unanimous vote. XIII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF THE SALE OF MOBILE HOME LOT NO. 58 (APN 622-351-058) LOCATED AT 43-155 PORTOLA AVENUE (PORTOLA PALMS MOBILE HOME PARK AT FAIR MARKET VALUE (JOINT PUBLIC HEARING WITH THE PALM DESERT REDEVELOPMENT AGENCY) . Ms. LaRocca stated the subject sale was for the full market value of $22,500 and represented the sixth lot sold at Portola Palms Mobile Home Park. Mayor/Chairman Spiegel declared the public hearing wen and invited testimony in FAVOR of or OPPOSED to the subject sale. With no testimony offered, he declared the public hearing clod. — Upon question by Councilman/Member Ferguson whether the $32,900 acquisition cost plus interest was the price initially paid for the lot, Ms. LaRocca answered it was the price paid, as negotiated by the acquisition association and the Agency when lots were taken from the acquisition association; it was the amount of the note held by the Agency from the acquisition association. Councilman/Member Ferguson moved to: 1) Waive further reading and adopt City Council Resolution No. 99-7, authorizing the Palm Desert Redevelopment Agency to sell mobile home lot number 58 (APN 622-351-058) located at 43-155 Portola Avenue (Portola Palms Mobile Home Park) at fair market value; and 2) waive further reading and adopt Redevelopment Agency Resolution No. 31, making and finding that the sales price for the lot is not less than its fair market value in accordance with the highest and best use under the Redevelopment Plan for Project Area No. 1 Amended. Motion was seconded by Benson and carried by unanimous vote. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * With Council concurrence, Public Hearing Items B and C were considered jointly. B. CONSIDERATION OF THE PLACEMENT OF A LIEN ON PROPERTY LOCATED AT 74-060 GOLETA AVENUE (APN 625-021-005) FOR NUISANCE ABATEMENT. Mr. Hart Ponder Jr., Code Compliance Supervisor, reported that the two situations were brought to the City's attention by complaints of neighbors to the two lots. He noted that after investigation, it was determined the lots required cleaning, public funds were expended to do so, and it was now time for the City to receive reimbursement. Upon question by Councilman Ferguson whether the two lots were improved properties, Mr. Ponder responded they were vacant, unimproved lots, calling Council's attention to the color photographs of both included in the staff report. Mayor Spiegel declared the public hearing open and invited testimony in FAVOR of or OPPOSED to the subject lien placement. With no testimony offered, he closed the public hearing. Councilmember Benson moved to waive further reading and adopt Resolution No. 99-12, requesting the County Auditor assess v„vyc..lf for the cost of nuisance abatement pursuant to Section 8.20.140 of the Palm Desert Municipal Code. Motion was seconded by Kelly and carried by unanimous vote. C. CONSIDERATION OF THE PLACEMENT OF A LIEN ON PROPERTY LOCATED AT 73-051 SAN NICHOLAS AVENUE (APN 627-031-004) FOR NUISANCE ABATEMENT. Mayor Spiegel declared the public hearing open and invited testimony in FAVOR of or OPPOSED to the subject lien placement. With no testimony offered, he closcd the public hearing. Councilmember Benson moved to waive further reading and adopt Resolution No. 99-13, requesting the County Auditor assess r,k rc...lf for the cost of nuisance abatement pursuant to Section 8.20.140 of the Palm Desert Municipal Code. Motion was seconded by Kelly and carried by unanimous vote. Mayor Pro-Tempore Crites extended his compliments to Mr. Ponder and staff for the professional manner in which these situations were handled. D. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO THE MUNICIPAL CODE AS IT RELATES TO OFF-STREET PARKING FOR MINI WAREHOUSING/SELF STORAGE Case No. ZOA 98-8 (City of Palm Desert, Applicant). Mr. Smith stated that as addressed in the staff report, the City did not currently have a specific parking standard for self storage facilities. After reviewing standards of La Quinta and Palm Springs, he said staff brought the matter before the Zoning Ordinance Review Committee (ZORC), followed by the Planning Commission, and both bodies recommended endorsement of the Palm Springs standard. Therefore, he stated it would establish Palm Desert's standard 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * at six spaces plus two for any caretaker unit. He added it would afford the Director of Community Development the opportunity to request additional parking where warranted. Mayor Spiegel declared the public hearing open and invited public comment in FAVOR of or OPPOSED to the subject zoning ordinance amendment. With no testimony offered, he declared the public hearing clod. Councilmember Benson moved to waive further reading and pass Ordinance No. 903 to second reading. Motion was seconded by Ferguson and carried by unanimous vote. E. CONSIDERATION OF APPROVAL OF A CHANGE OF ZONE, CONDITIONAL USE PERMIT AND TENTATIVE PARCEL MAP FOR A 302,300 SQUARE FOOT MASTER PLAN OF DEVELOPMENT INCLUDING RETAIL USES, RESTAURANTS INCLUDING DRIVE -THROUGH, SELF STORAGE, INDUSTRIAL BUILDINGS, AND A 100-ROOM HOTEL ON A 20.52 ACRE SITE ON THE NORTH SIDE OF COUNTRY CLUB DRIVE, 340 FEET WEST OF WASHINGTON STREET (APN 626-320-029) Case Nos. C/Z 98-9, CUP 98-19, and TPM 2906a (Select Properties, LLC, Applicant). Mr. Smith called attention to the proposed plans as displayed, including the map defining the area of the proposed zone change. He said the request sought approval of a master plan of development, which would set out future land use on the 20.5-acre site on the north side of Country Club Drive, west of Harris Lane Circle and the existing industrial park to the west. He noted there was one, four -acre parcel of land on the corner of Washington and Country Club not included in the subject proposal. He pointed out that if the master plan' of development was approved by Council, a series of precise plans with additional detail to implement the master plan would come before Council in the future. Mr. Smith went on to say the plan before Council was comprised of four different land uses: 1) Proposed self -storage facility across the north end of the site, adjacent to the railroad tracks, and he noted self -storage was one of the specific uses inserted into the freeway commercial overlay district, of which this site was a part. 2) Proposed retail center at the southeast corner of the site, fronting onto Country Club, including a series of satellite pads adjacent to Country Club Drive. 3) A proposed 100-unit, three-story hotel at the southwest corner, fronting onto Country Club. 4) Proposed service industrial use on 3.7 acres on the west side, between the hotel site and self storage, adjacent to the railway. He reported the proposed service industrial portion of the plan was not consistent with the existing site zoning (planned commercial), which necessitated the change of zone part of the package. At this time, he said conceptual architectural plans were in hand for the retail portion of the project; none were in hand for any of the rest of the proposal, but they would come as part of the precise plan review on each of the master plan's parts. With regard to access points, Mr. Smith stated that on the west side of the site there was an access directly into the center from Desert Country Circle, in addition to an access point into 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * the self storage area on the north side. Along Country Club, he said there was a series of three access points: 1) The most easterly being a right -in only; 2) a full four-way access at the alignment with Harris Lane; and 3) there would be an access right turn-in/right turn -out only further west. He reported that off of Garand Lane, a public street in the industrial park to the west, there was a series of three access points, two into the service industrial and one into the self storage. He said on -site circulation was reviewed and was generally accepted with the exception of some concern expressed by the fire department for turning radiuses necessary for its access. However, he stated that there was an a±rr.vir.,ate condition imposed to require those matters be rectified to the satisfaction of the fire department. Further, Mr. Smith stated the site provided a total of 678 parking spaces; and each of the four areas of the plan would be required to comply with the parking standard when reviewed through the precise plan process. Mr. Smith reported that the architecture was considered by the Architectural Review Commission in November where it received conceptual approval and additional guidance stating that the project was headed in the right direction, including that the proposed architecture should become the theme for the remainder of the project. He reiterated the point that additional architectural detail would be obtained through precise plan application review. He went on to say that as presently shown, the architecture would require a height exception from the Council; however, it was not being requested at this meeting. He added that if' the height exception was still necessary when the architecture was presented as part of the precise plan, it would be requested at that time. Further, Mr. Smith stated that standards of the freeway commercial overlay required a minimum of at least 30% landscaped open space on site. He said as originally presented to Planning Commission, the plan did not meet that standard; therefore, Planning Commission held two separate hearings on the plan, December 15, 1998, and January 5, 1999. He reported the plan was amended at the second-- parking was deleted only by an amount that would still meet the requirement, allowing increased open space between building numbers two and three. He noted that on pad number four, the Applicant proposed a future drive -through restaurant, and as presently configured, the plan showed an eight -foot berm with the drive -through lane going through and restaurant on the north side of it, making the lane invisible. Regarding the Art In Public Places component of the project, Mr. Smith stated a memo from Mr. Nagus was included in the staff report. He proposed an amendment to Condition No 14 of the Planning Department to implement Mr. Nagus' suggestions. Additionally, he stated that staff suggested a daycare mitigation fee in the amount of $60,000 be assessed. Mr. Smith continued by stating staff felt the change of zone request for the 3.7 acres of future service industrial use was warranted, given the fact that it represented a logical expansion of the industrial park to the west, as well as a transition between the hotel use and the self storage. He noted the parcel map which would allow the Applicant to implement the plan; however, the final map contained a condition that all or any portion of the parcel map may only be recorded 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * after approval of the precise plan for that portion of the plan. He reported that staff felt the findings for approval of the parcel map could be affirmed. Mr. Smith concluded by stating that the Applicant filed the master plan of development in order to take advantage of expanded permitted uses in the freeway commercial overlay district with full knowledge that further refinement and precise plan review would be necessary. He said the master plan would be the basis for future precise plans, and approval would assure the Applicant that the extended uses were acceptable. He noted that for the environmental analysis, staff felt comfortable in requesting the Applicant pay into preparation of the multi - species habitat conservation plan, as well as payment of the usual fringe -toed lizard mitigation fee. With that condition imposed, he said staff recommended certification of a negative declaration of environmental impact. He noted that at the January 5 Planning Commission hearing, no public comment was received; the Commission offered its comments to the Applicant as outlined on page eight of the staff report, including landscape requirements, wider landscape bays, and change to the satellite pad, which were accomplished between the two meetings. Further, he stated that at the January 5 meeting, Planning Commission meeting tied the master plan of development approval to the change of zone and recommended approval of the whole application to the Council. Therefore, he stated the recommendation favored approval of the proposed master plan of development pursuant to the draft resolution, with amendment to Condition No. 14, relative to Art In Public Places stating, "The art fees for this project shall be pooled for the benefit of the entire property. Art located within this development shall be sited for maximum public exposure and enjoyment." Upon question by Mayor Pro-Tempore Crites whether enough room was allowed for a bikepath at the rear of the project, and if it was not, could it be a condition of the project, Mr. Smith answered it could be accommodated. Mr. Diaz offered that the condition would state thatkthe easement would be consistent with the City's bikeway planning standards. Mayor Pro- Tempore Crites went on to ask if the overall project was at the absolute minimum for open space and expressed his concern for how that would affect possible future street widening on Country Club. Mr. Diaz stated that no development could take place on the parcel until a series of public hearings were held for the precise plans of design, and another condition could be added to the resolution of approval that, "during the processing of each precise plan, all access and lanes into the site would be specifically addressed." Council expressed its desire that the consideration for future street widening be addressed as part of the master plan. Councilman Kelly commented that currently SunLine was trying to select an express bus route from one end of the valley to the other, and Country Club would very likely be part of it. Mayor Pro-Tempore Crites further asked about the railroad right-of-way if it should ever be expanded and the tamarisk trees which screened it were removed, if there was a condition for landscaping the rear of the project. Mr. Smith responded there was landscaping on 'the property on the back of the mini warehouses, and if planted well enough, it would be adequate. He added that area was available. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon question by Mayor Spiegel about the access from Harris Lane and the ability to turn left or right from either side of Country Club Drive with a stoplight at the intersection, Mr. Smith stated this was what Public Works had indicated. Mayor Pro-Tempore Crites asked about the child care mitigation fees and how they woulizi be applied to the project— if a Gold's Gym with a child care facility was part of the project, if; the amount of child care fees would be reduced. He felt the fees were applied to availability for the employees of the facilities. Mr. Smith thought it could work whatever way Council directed. Councilmember Benson felt it should be approached the same way as the Marriott, and she added the City had set up an account for monies paid by Marriott and Mr. Swank that were used for training or for whatever was needed. Councilman Kelly asked if part of the fees could be used to subsidize their own employees' child care, as he felt the City should work closely with those who had paid the fees to ensure their employees received the benefit. Councilmember Benson agreed and stated she had spoken with Mr. Swank who asked that the City work with the manager of his property and the YMCA Executive Director to determine the best method of disbursing the fees. Mayor Pro- Tempore Crites urged the drafting of formal guidelines in the near future to specify howthe program would be administered. Councilman Ferguson suggested it be handled similar to the Art In Public Places fees for those developments determined child care appropriate-; ithe developer could either spend the fee on their own employees through their own facilities or could contribute to the City to offset its cost of subsidizing child care throughout the City. Mayor Spiegel declared the public hearing open and invited testimony FAVORING or OPPOSING the subject cases. MR. RICK LUNGREN, Architect for the Applicant, 18652 Florida Street, Huntington Beach, CA, said his firm became involved in the project six months ago. He said the property owner had someone interested in building a hotel there, which was followed by interest from some retailers, mini storage operators, and small industrial. He noted that after the site plan was redrawn numerous times, currently the project had potential players for all its pieces. He added that after listening to the comments just given, there was nothing that caused any problem for them; they were willing to follow Council's standards for the bikepath, child care fees, etc. Upon question from Councilman Ferguson about what was planned immediately to the west of the proposed hotel, Mr. Lungren answered there was a row of parking and an industrial strip fronting onto Country Club. Councilman Ferguson further asked the height of the hotel, and Mr. Lungren responded it would not be over 30 feet, a very compact profile, such as the Quality Inn in Irvine with Mediterranean styling, three stories. Mr. Lungren stated it would be approved separately. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. STEVE ETON, 77-571 Westbrook Court (Whitehawk), Palm Desert, CA, stated he and several of his neighbors had just learned about the subject project. He expressed his concern for the change of zone request for additional industrial use in light of the hazardous material incident which happened approximately six months ago in that area. Secondly, he questioned who would use the mini storage, since Whitehawk residents probably would not. His third concern was for the ancillary retail and what type of establishments would be located there — a bar, tattoo parlor, etc. Therefore, he said they were in attendance to find out more about the project and to fundamentally oppose the project. Mayor Spiegel declared the public hearing closed. Councilmember Benson responded to Mr. Eton's concerns as to what would be located in the project by stating that would be addressed when that portion of the development came before the Council, and if unacceptable, Council would not approve either. She said as far as mini storage, she did not believe it was intended for residents of Whitehawk, but for anyone who needed that type of storage. However, she felt the developer had come along with what Council planned in the overlay zone. Mayor Pro-Tempore Crites stated he felt the reason the storage facility was proposed along the railroad tracks was because that was not prime land for any other use, and he felt there must have been a perceived need in that portion of the City, such as Palm Desert Country Club, or it wouldn't have been feasible to propose. He added that with regard to retail, he felt there was good evidence all the way up and down Country Club Drive for Council's response to homeowners for what they felt should or shouldn't be located there. Councilman Ferguson stated he felt his comments about the hotel coincided with Mayor Pro- Tempore Crites' comments about setbacks of the buildings. He said he just asked Mr. Diaz what entitlements were being given the developer through approval of a master plan, and the answer was if there was thought of moving a building, it should be done now. He *as concerned that the proposed 100-room hotel would be located on the closest possible corner of the development to a proposed adult theater zone, which was the next public hearing item— if this development would expand the existing zone to allow adult entertainment in that center. Mr. Smith stated the separation requirements specified in the suggested code amendment would retain the 500 feet of separation from the base zone, PC(2). Upon question by Mayor Pro-Tempore Crites, Councilman Ferguson answered that if there were concerns about ensuring enough buffer around the buildings, and the buildings needed to be moved before the master plan of development was approved, Council should be sure of their decision and the entitlements provided therein. Mayor Pro-Tempore Crites felt he would not be in favor of a three-story hotel on that corner. 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. LUNGREN stated the existing building shown represented Phase I, or 50 of the proposed rooms-- the green space represented was not in the landscape calculation and represented the additional pad needed for 100 rooms. He added that the location was proposed on seven different locations on the site, and the current one represented the location the prospective builder wanted, stating he realized Council had ultimate authority of approval. Mayor Spiegel asked that Mr. Eton and his neighbors be noticed for future considerations of this project. Councilman Ferguson suggested the Whitehawk Homeowners' Association be provided with notice for their development. Councilman Ferguson stated he liked the work that had been done-- the look of the center, the look of the retail, blended use, a significant project which normally merited a good amount of Council's time to consider. He added he wanted to study the hotel further, including a definitive statement from staff on what entitlements would be granted through approval of a master plan and what entitlements would be reserved for later approval. He went on to say if the uses and change of zone were being approved, subject to a precise plan on the exact locations of buildings, he would favor it. Mr. Erwin stated if Council wished to reserve that right, it could do so and determine the exact location at a future date. Councilman Ferguson moved to: 1)Waive further reading and pass Ordinance No. 244 to second reading; and 2) waive further reading and adopt Resolution No 99-14, approving a conditional use permit and tentative parcel map for a 302,300 square foot master plan of development with reservation of i the right to consider and approve specific location of buildings, particularly with regard to widening of streets and related issues. Motion was seconded by Benson and carried by unanimous vote. F. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO CHAPTER 5.88 AND SECTION 25.34.020 (M) AND TO ADD CHAPTER 25.110 TO THE PALM DESERT MUNICIPAL CODE REGARDING THE LOCATION OF ADULT ENTERTAINMENT ESTABLISHMENTS Case No. ZOA 98-7 (City of Palm Desert, Applicant). Mr. Smith reported that the City amended its adult entertainment ordinance in 1992 and 1995 and established locational criteria for those uses. He said the use was only permitted inthe service industrial zone, and then only if certain separation requirements were met. He noted that the existing ordinance required a separation distance of at least 500 feet from any R-1, R-2, R-3, PR, PC, PI, and C-1 zone, in addition to requiring at least 500 feet from any property containing a church, a governmental public building, school (daycare, elementary, secondary, or high schools), institutions of higher learning, public parks and recreation facilities, any other adult entertainment establishment, and any business offering on -premises sale of alcoholic beverages. He said from the beginning, the separation requirement from governmental buildings was onerous, in that the industrial park at Cook and Hovley's east side was bounded by CVWD property, which cut a large portion of the area out of the potential 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * area. Additionally, he said over time, the City had approved conditional use permits in ,the area that allowed churches and ABC -licensed facilities, further reducing the available land. He said as the City Attorney had advised, the courts had determined that the City needed to have a sufficient number of available sites so that its ordinance would pass muster. Essentially, he said at this time there were six lots in the City which met the separation criteria. He noted the matter had been reviewed by the Planning Commission at length in three public hearings, as well as in a special subcommittee meeting where they met with some experts in the field. He said they came away from those deliberations suggesting elimination of the distance requirements from less sensitive sites-- alcohol -related sites, governmental/public buildings, and institutions of higher education which were not frequented by minors, as well any existing church would continue to be assured of a buffer, but any new churches permitted pursuant to a conditional use permit would not necessarily be afforded that separation. With the proposed changes, he stated the City would open up the available number of lots to more than 65 lots in the Cook industrial park, as well as in the industrial park at Country Club. He clarified that it didn't mean there would be 65 such uses, noting that per the map included in the staff report, four would be the most seen in the Cook industrial park, if they all located in the specified areas. He said if they located further north or south, it could effectively mean there would only be three or two, but there would be a sufficient number of lots potentially available so that if challenged, the City's ordinance should be deemed adequate. He noted for the record that all of the potentially available sites were served by streets, power, and water, and were compatible with commercial enterprises, citing a recent court ruling where that statement had not been made. He concluded by stating Planning Commission recommended approval of the ordinance amendment to expand the potentially available sites by its Resolution No. 1911, and staff recommended first reading of the ordinance. Upon question by Councilman Ferguson whether the buffer for alcohol -related facilities meant a liquor store or anybody with an ABC license, Mr. Smith responded it was anybody with an ABC license, and the buffer disappeared. Councilman Ferguson wondered whether the cafe in the service industrial off of Country Club, which served wine and beer, qualified. Mr. Smith said it would qualify now, but would not in the future. Councilman Ferguson noted that Council had just approved the use of a hotel, if it had a lounge with an ABC license, if it wiped out the service industrial zone off of Country Club. Mr. Smith responded said currently;it would serve to reduce the area; however, if the separation was removed, it had no effect Councilmember Benson asked that with regard to the ordinance, its legality, and the logical places, what happened if only Cook Street was used without the few lots off of Country Club. Mayor Spiegel asked what a sufficient number would be. Mr. Smith answered that the area was substantially larger before the subcommittee met with some experts, it was reduced to the 65 lots proposed, and those were deemed adequate. Upon question by Mayor Spiegel as to who determined what was adequate, Mr. Erwin responded the ultimate determination ended up with the court, and based upon the court decisions that had come down, staff was attempting to find some number that would allow the 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * court to say the City had allowed the use, not eliminated it. He added that under the existing ordinance with only six lots, it basically said one use, since there was a distance requirement from each use when it went in. He felt the proposed ordinance provided potentially the best case, depending upon specific ability to locate in all those places, seven or eight. Mayor Spiegel questioned whether the areas on Cook Street would be sufficient without picking up the small areas on Country Club. Mr. Erwin stated if that was the case, they would need to perform another exercise because it was provided in a zone. Councilman Ferguson asked whether hotels could be added to the list of uses requiring a buffer. Mr. Erwin stated it could be done, but a finding needed to be made that there was some secondary effect, adding he was unsure how that would be accomplished. Further, Mr. Erwin stated if it was Council's desire, perhaps not only should there be added uses with distance requirement, but also potentially look at another change of zone or overlay zone. Councilman Kelly commented that the subject proposal was to eliminate those sites which were used strictly used by adults, noting that a hotel was used by families, and he felt a hotel use was justified to set apart. Mr. Erwin said this possibility would be examined. Councilmember Benson suggested expanding some of the area on Cook Street. Mayor Pro-Tempore Crites asked if the part along Cook Street was done, and in two months a storefront church decided to set up on the north side of the intersection of Mayfair and State Street, what ramifications there would be. Mr. Erwin stated the way the ordinance was written, after January 1, 1999, setting up a church did not create an additional distance requirement from that church. Councilman Ferguson stated he was concerned about Country Club as he had heard froth a number of cities that adult theater operators would kill to have a facility on a freeway interchange, because they could get more volume from throughout the valley. He said most cities would not allow it, and he'd heard of one sexually oriented business looking at that intersection, was waiting for the subject ordinance, and was probably going to sue the City if it didn't change from its existing zone, the six parcels. He added that he only counted seven parcels in the zone off of Country Club, so he felt going from 65 to 58 was comfortably okay. However, he knew if the proposed ordinance was approved, his sources told him the City would have a sexually oriented business applying the moment it was passed; it was right across from a major residential subdivision, and he felt very uncomfortable about that. Mr. Erwin suggested Council conduct the public hearing and then continue the matter. Mayor Spiegel declared the public hearing men and invited testimony FAVORING or OPPOSING the proposed municipal code amendment. MR. JIM LEWIS, 43-210 Silktree Lane, Palm Desert, CA, expressed his strong feelings about the subject amendment. 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * With no further testimony offered, Mayor Spiegel declared the public hearing closed. Councilman Ferguson felt the Council would ban adult entertainment establishments entirely, if it could, but the courts said it could not. He noted that the City had a restrictive ordinance limiting them to six parcels, and he felt the courts were saying those were not enough. Councilman Ferguson moved to continue the subject matter with regard to adult entertainment establishments until such time as further study could be conducted on the City's service industrial zone. Motion was seconded by Benson and carried by unanimous vote. XIV. ORAL COMMUNICATIONS None XV. ADJOURNMENT Upon a motion by Crites, second by Ferguson, and unanimous vote of the City Council, Mayor Spiegel adjourned the meeting at 8:20 p.m. to a joint meeting of the Redevelopment Agency and City Council at 1:30 p.m. on Friday, February 5, 1999, for the purpose of conducting a bus tour of City/Redevelopment Agency property. ATTEST: SHEILA R.IGAN, C LERK CITY OF PALM DESER IFORNIA is0c, ;9 7-a 7.44*,- ROBERT A. SPIEGEL,rK?CR 28