HomeMy WebLinkAbout1985-06-27MINUTES
REGULAR CITY COUNCIL MEETING
THURSDAY, JUNE 27, 1985
CIVIC CENTER COUNCIL CHAMBERS
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I. CALL TO ORDER
Mayor Snyder convened the meeting at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE - Councilman Wilson
M. INVOCATION - Councilmember Phyllis Jackson
IV. ROLL CALL
Present: Excused Absence:
Councilmember Jean M. Benson
Councilmember Phyllis Jackson
Councilman S. Roy Wilson
Mayor Walter H. Snyder
Also Present:
Mayor Pro-Tem Richard S. Kelly
Bruce A. Altman, City Manager
Carlos L. Ortega, Assistant City Manager
David J. Erwin, City Attorney
Sheila R. Gilligan, City Clerk
Ramon A. Diaz, Director of Environmental Services
Gregg Holtz, Acting Director of Public Works
Paul Gibson, Accounting Supervisor
V. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. REDEDICATION OF THE FREEDOM SHRINE by the Palm Desert
Exchange Club Represented by Mark Davis, President.
Mr. Pat O'Malley addressed Council on behalf of Exchange Club
President Mark Davis. He said the purpose of the redidication was to
bring recognition to the events displayed in the Shrine and which are
the backbone of America's history. He said the Exchange Club urged all
citizens to rededicate themselves to the principals of our country.
Mr. O'Malley introducted Miss Jennifer Haas, a graduating student from
the Palm Desert Middle School and winner of the Exchange Club's essay
competition on the Freedom Shrine. Miss Haas read her essay (attached
hereto and made a part hereof as Exhibit "A").
Mr. O'Malley concluded his remarks by thanking the City Council and
introducing Mr. Frank Allen, Mr. Barry McClellan, and Mr. Alex Yaron,
all members of his service organization.
Mayor Snyder sincerely thanked the Exchange Club for not only the
Freedom Shrine and what it lent to the Civic Center, but for the club's
outstanding working in the community.
B. PROCLAMATION Declaring the Month of July, 1985, as "NATIONAL
RECREATION AND PARKS MONTH.
Mayor Snyder read portions of the proclamation and presented it to Mr.
Gordon Jenson, Board Member of the C.V. Recreation and Park
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REGULAR CITY COUNCIL MEETING JUNE 27, 1985
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District.
Mr. Jensen thanked the City for the additional work recently completed
on the backstops at the Sports Complex as well as for the proclamation.
VI. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of June 13, 1985.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand
Nos. 85-116 and 85-121.
Rec: Approve as presented.
C. REVENUE AND EXPENDITURE REPORT for Month Ending May 31,
1985.
Rec: Receive and file.
D. RESOLUTION NO. 85-62 - 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.
Rec: Waive further reading and adopt.
E. CLAIM AGAINST THE CITY by Commercial Union Insurance
Companies in the Amount of $1,339.17 for Damages Allegedly Caused
by Road Excavation Work.
Rec: Deny the claim and instruct the City Clerk to so advise the
Claimant.
F. REQUEST FOR RELEASE OF BONDS for Tract Nos. 14082-1, 14082-2,
and 14082-3 - Silver Spur Associates.
Rec: 1. Accept these phases of the tract as complete and
authorize the City Clerk to release the Faithful
Performance and Labor and Material Bonds and accept
ten -percent maintenance bonds for a one-year period or
reduce the performance bonds to ten percent of their
face value; and
2. Authorize the City Clerk to release Bond No. 80800329
for the relocation of utility lines in conjunction with
Tract 14082-1.
G. REQUEST FOR FINAL APPROVAL of Parcel Map 17452 -- George
Berkey, Applicant.
Rec: Waive further reading and adopt Resolution No. 85-63.
H. REQUEST FOR AWARD OF CONTRACT for the 1984-85 Street Slurry
Sealing Project (Contract 1093).
Rec: By Minute Motion, award Contract No. 1093 to Pavement
Coatings Company in the amount of $65,925.60 and authorize
a ten percent contingency reserve in the amount of $6,593.
REUEST FOR AUTHORIZATION _TO SEEK BIDS for the College of
the Desert baseball 1- ield Lighting t'rogram.
Rec: By Minute Motion, authorize staff to seek bids for the
installation of the lights at College of the Desert's baseball
field.
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J. REQUEST FOR APPROVAL of Short -Term Loan from City of Palm
Desert and Capital Improvement Agreement.
Rec: 1. By Minute Motion, approve the issuance of a Promissory
Note representing a loan of $2.5 Million from the
1985/86 City of Palm Desert budget to the
Redevelopment Agency 1985/86 budget for funding; said
loan to be paid to the City when the Agency is able to
issue long-term financing or obtain a bank loan.
2. By Minute Motion, approve Agreement No. 00-048 with
the Redevelopment Agency to install and construct
public works capital improvements.
Upon motion by Jackson, second by Benson, the Consent Calendar was
approved as presented by unanimous vote of the Councilmembers present.
VII. ORAL COMMUNICATIONS - A
MR. LYMAN MARTIN, 15C Sandpiper Circle, Palm Desert, addressed Council
stating he would like to address Item D of Section IX, Resolutions, on the
agenda and asking if he should do so at this point or when Council addressed
that issue. Mayor Snyder replied that Mr. Martin would be allowed to speak
when the item came up.
VIII. PUBLIC HEARINGS
A. CONSIDERATION OF ADOPTION OF FISCAL YEAR 1985-86
FINANCIAL PLAN.
MAYOR SNYDER CONVENED THE REDEVELOPMENT AGENCY MEETING
AT 7:15 P.M. AND ASKED FOR ROLL CALL.
Members Present: Members Absent:
Member Jean Benson
Member Phyllis Jackson
Member Roy Wilson
Chairman Walter Snyder
Vice Chairman Richard Kelly
Mayor Snyder declared the Public Hearing open and asked for staff's report.
Mr. Altman stated that staff had been working on the budget since
April and that the City Council had met in Study Session for a day to
review it and ask questions. In addition, Council had discussed it again
at the Study Session immediately preceding this meeting. He offered to
answer any further questions.
Mayor Snyder invited public testimony on the proposed City and
Redevelopment Agency budgets, and none was offered. He declared the Public
Hearing closed.
Mayor Snyder stated that the Council had received the budget
approximately three weeks ago and had been reviewing it since. He said
that it was within the City's capability of handling, and it was balanced.
He noted that the City could not spend beyond its income, and this
budget did not. He concluded by stating that even with the projected
reduced revenues, City services had not been reduced.
Councilman Wilson asked if the budget included request for money for
groups such as the Seniors Association, the Chamber of Commerce, and
the Family Y/Youth Center. Mr. Altman responded that a
subcommittee had been working on these requests in order to make a
recommendation and that this would be on the July llth agenda for
Council consideration.
Upon motion by Jackson, second by Benson, Resolution No. 85-64 was adopted
by a 3-1-1 vote with Councilman Wilson voting NO and Councilman Kelly ABSENT.
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Member Jackson moved to, by Minute Motion, approve the 1985-86 Fiscal Year
Budget for the Palm Desert Redevelopment Agency. Motion carried by a 3-1-1 vote with
Member Wilson voting NO and Member Kelly ABSENT.
Member Jackson moved to adjourn the Redevelopment Agency meeting to the
close of City Council meeting. Member Wilson seconded the motion. Motion carried by
unanimous vote of the Agency Board Members present, and Chairman Snyder adjourned at
7:22 p.m.
B. CONSIDERATION OF VACATION OF STREET RIGHT-OF-WAY ON
HIGHWAY 111 NORTH FRONTAGE ROAD.
Mayor Snyder declared the Public Hearing open and asked for staff's report.
Mr. Altman referred to a memorandum prepared by Acting Director of
Public Works Greg Holtz and offered to answer questions.
Mayor Snyder invited testimony in FAVOR of the request, and the following
spoke:
MR. ROGER REISCHER, 69-548 Arroya, Indian Wells, stated that the
requested vacation was necessary for their bank construction project.
He advised that their engineer, Mr. Joe Faust, was present to answer
any technical questions Council might have.
MR. CHARLIE SWEET, 73-280 Highway 111, stated his strong support
of this realignment as well as conversion of this section of street to
two-way traffic.
Mayor Snyder invited testimony in OPPOSITION to the request, and none was
offered. He declared the Public Hearing closed.
Mr. Holtz noted that the Planning Commission had included an
additional condition in its approval which should be included in the
Council's resolution as follows: As a condition for this vacation, the
adjacent adjoining property owner shall take and construct a by-pass
road as identified by the Planning Commission in the Precise Plan of
Approval which includes the vacated property.
Upon motion by Wilson, second by Jackson, Resolution No. 85-65 was adopted
by unanimous vote of the Councilmembers present as amended to include a statement that
as a condition for this vacation, the adjacent adjoining property owner shall take and
construct a by-pass road as identified by the Planning Commission in the Precise Plan of
Approval which includes the vacated property.
C. CONSIDERATION OF AN AMENDMENT TO THE PALM DESERT
MUNICIPAL CODE, CHAPTER 25 (ZONING ORDINANCE), ADDING
SECTION 25.24.25 WHICH WOULD PERMIT PRIVATE SCHOOLS AND
COLLEGES, NOT INCLUDING ART, BUSINESS OR TRADE SCHOOLS
OR COLLEGES WITH APPROVAL OF A CONDITIONAL USE PERMIT
IN THE PR ZONE.
Mayor Snyder declared the Public Hearing open and asked for staff's report.
Mr. Diaz reviewed the report and recommendation for approval.
Mayor Snyder invited testimony in FAVOR of the ordinance, and none was
offered. He invited testimony in OPPOSITION to the request, and none was
offered. He declared the Public Hearing closed.
Councilmember Benson asked whether or not approvals of this type of use
would also allow such facilities as tennis courts, swimming pools, etc. as she
could not see that being allowed in residential zones. Mr. Diaz responded that
each use would receive individual consideration and these uses would not be
permitted if objectionable to a particular area.
Upon question by Councilman Wilson, Mr. Diaz responded that the City could
not discriminate between profit and non-profit schools with the possible
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JUNE 27, 1985
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exception of beauty parlor colleges because of their potential impact on a
residential area and the fact that they are commercially oriented.
Upon question by Councilmember Benson, Mr. Diaz responded that the number
of schools in a given area would be controlled through the CUP process.
Upon motion by Benson, second by Jackson, Ordinance No. 427 was passed to
second reading by unanimous vote of the Councilmembers present.
D. CONSIDERATION OF AN AMENDMENT TO THE PALM DESERT
MUNICIPAL CODE (CHAPTER 25, PALM DESERT ZONING
ORDINANCE) BY ADDING A NEW CODE SECTION WHICH WOULD
PROHIBIT DEVELOPMENT IN HILLSIDE AREAS OF COMMERCIAL
AND INDUSTRIAL ZONES.
Mayor Snyder declared the Public Hearing open and asked for staff's report.
Mr. Diaz stated that this ordinance would implement the City measure
adopted by the voters in November, 1984, and would prohibit
commercial development in the hillside areas and approve a toe of slope
which is defined in ordinance.
Mayor Snyder invited testimony in FAVOR of the ordinance, and none was
offered. He invited testimony in OPPOSITION to the request, and none was
offered. He declared the Public Hearing closed.
Upon motion by Wilson, second by Benson, Ordinance No. 428 was passed to
seconded reading by unanimous vote of the Councilmembers present.
IX. RESOLUTIONS
A. RESOLUTION NO. 85-66 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE
1984-85 BUDGET TO PROVIDE APPROPRIATIONS FOR TRANSFERS
TO CAPITAL PROJECT RESERVE FUNDS.
B. RESOLUTION NO. 85-67 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING THE
APPROPRIATIONS LIMIT FOR THE 1985-86 FISCAL YEAR.
C. RESOLUTION NO. 85-68 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE
1984-85 BUDGET TO PROVIDE SUPPLEMENTAL APPROPRIATIONS
TO CERTAIN ACCOUNTS.
Mr. Altman stated that Resolutions 85-66, 67, and 68 implemented
actions taken when Council adopted the budget. He recommended
adoption of all three.
Upon motion by Jackson, second by Benson, Resolution Nos. 85-66, 85-67, and
85-68 were adopted by unanimous vote of the Councilmembers present.
D. RESOLUTION NO. 85-69 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING AN
AMENDMENT TO PERMIT A 1,500 SQUARE FOOT EXPANSION AND
DELETION OF A NET 11 PARKING SPACES TO THE FORMER
TULLIO'S RESTAURANT. CASE NO. CUP 03-82 AMENDMENT.
Mr. Diaz reported that the staff concerns with this CUP application had
been indicated in the reports to the Planning Commission and City
Council. The Council was aware of potential impacts on the
commercial community as well as the feeling of that community when
the action was taken to deny the application. When staff made its
recommendation, a balance between what will be and what exists was
considered. He noted that an alternative to denying the request might
be to allow the applicant, as per his suggestion, to enter into an
agreement to partake in any parking assessment district created in the
future. However, he felt the problem in that would be that one
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individual cannot create a district and carry the whole load if other
property owners refuse to partake. He suggested a second alternative
as a condition of approval that would stipulate that if parking became a
problem as a result of the approval of this application, the applicant
would agree to limit his hours of operation to evening hours only or 5
p.m. on. That way, the City would be in a position to correct the
problem. He noted that the people who would identify that a problem
did exist would be the other merchants in the area.
Mayor Snyder stated that he had called this item up for consideration because
he felt an obligation to search for proper alternatives. He said he had not
backed away from his original position of concern about the overall parking
situation in the City. He noted that the Galleria on El Paseo was required to
buy extra property to provide required parking when it was approved and that
the proposed Don Drysdale restaurant had been refused because of inadequate
parking. Fairness to all had to be considered.
MR. LYMAN MARTIN, 15C Sandpiper, spoke as the applicant. He said
there were currently enough parking spaces and no more studies were
needed. He urged Council's approval without condition as he stated he
would not agree to evening hours only inasmuch as his prices were
already established and based on being open for lunch and dinner. He
said the building was over 30 years old and that he was putting $500,000
into it in improvements. He was asking for 5.8% of the spaces to be
deleted or 35 of 606 that were not utilized now. He felt people would
park a block away, shop along El Paseo, and walk to his restaurant. In
conclusion, he presented letters from Tuverson & Co, Signatures, Carl
Martin's Desert Shop for Men, Troutman Imports, Jeanne Hansen
Jewelry, and Mr. Music, all businesses on El Paseo and in support of the
request (attached hereto and made a part hereof as Exhibit "B").
MR. GEORGE BERKEY, 73-625 Joshua Street, Palm Desert, read a
letter of support of the request from the Palm Desert Chamber of
Commerce (attached hereto and made a part hereof as Exhibit "B").
Councilmember Jackson stated she did not feel a parking problem existed and
that it would be some time before one would. Ample time was available to
work out solutions. She noted that better than 80% of the merchants in that
area were in favor of this new business as a way to attract business to them.
Councilman Wilson concurred with Ms. Jackson relative to the existing status
but concerned about future parking. He asked the City Attorney if there was
any way to get the property owners to sign agreement for a district now. Mr.
Erwin responded that there was that potential but he would be unsure about
how many would sign one without knowing more about the district and how
much cost they would be agreeing to.
MR. OOP WILLARD, 73-847 Highway 111, spoke as an adjacent
property owner, Palm Desert Florists, stating that parking was not a
problem now nor would it ever be.
A representative of Neil's Apparel spoke in favor and stating his
business had been there for 15 years and there had never been a parking
problem.
Councilmember Jackson stated she felt that approval, with the condition that
lunch hours be restricted if a problem surfaces, was a good one.
Councilmember Benson agreed. Councilman Wilson agreed stating that if the
applicant didn't agree, he did not have to proceed with his project. If he did
agree, he could move ahead.
Councilman Wilson moved to reconsider the City Council's action at its last
meeting denying the amendment to the Conditional Use Permit. Councilmember Benson
seconded the motion. Motion carried by unanimous vote of the Councilmembers present.
Councilman Wilson moved to direct staff to prepare a resolution of approval of
the Conditional Use Permit with the condition that hours be cut back to evening only at
such time it is determined that adequate parking is not available as well as all previous
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conditions set forth in the Planning Commission's approval. Councilmember Jackson
seconded the motion, and the motion carried by unanimous vote of the Councilmembers
present.
X.
ORDINANCES
For Introduction:
None
For Adoption:
A. ORDINANCE NO. 422 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN
AMENDMENT TO THE ZONING ORDINANCE TEXT, MUNICIPAL
CODE SECTION 25.68. CASE NO. ZOA 84-3.
Upon motion by Jackson, second by Wilson, Ordinance No. 422 was adopted by
unanimous vote of the Councilmembers present.
B. ORDINANCE NO. 426 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING
ORDINANCE NO. 392 AS IT RELATES TO THE ELECTION OF
OFFICERS FOR THE EL PASEO PARKING AND IMPROVEMENT
AREA.
Upon motion by Wilson, second by Benson, Ordinance No. 426 was adopted by
unanimous vote of the Councilmembers present.
XI. CONSENT ITEMS HELD OVER
None
XII. NEW BUSINESS
None
XIII. CONTINUED BUSINESS
None
XIV. OLD BUSINESS
A. REQUEST FOR APPROVAL OF COOPERATIVE AGREEMENT WITH
WESTERN COMMUNITY DEVELOPERS FOR MORTGAGE REVENUE
BOND PROGRAM.
Mr. Altman reported that Council had been briefed on this in Study
Session and that he would answer any questions.
Councilmember Jackson moved to waive further reading and adopt Resolution
No. 85-70 and to approve the Agreement and authorize the Mayor to execute same.
Councilman Wilson seconded the motion, and it carried by unanimous vote of the
Councilmembers present.
XV. ORAL COMMUNICATIONS - 8
XVI.
MR. ED CAPLAN, Palm Springs, requested Council's consideration of an
amendment to the Zoning Ordinance to allow for recreation vehicle parks in
the City. Mayor Snyder, upon question to staff, advised that this item was
scheduled for the July 1lth agenda, and it might be improper to discuss it now.
REPORTS AND REMARKS
A. CITY MANAGER
N one
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B. CITY ATTORNEY
Mr. Erwin requested a Closed Session of the Council pursuant to Section
54956.9a of the Government Code to discuss pending litigation of A. J.
Lou vs. the County of Riverside.
C. MAYOR AND MEMBERS OF THE CITY COUNCIL
Mayor Snyder asked that all note the future meetings list and added
that Council would meet in Study Session at 2 p.m. on July 3rd to
discuss the personnel consultant's report and recommendation.
XVII. ADJOURNMENT
Upon motion by Wilson, second by Jackson, and unanimous vote of the
Councilmembers present, Mayor Snyder adjourned the meeting at 8:35 p.m. to Closed
Session pursuant to Section 54956.9a of the Government Code for the purpose of
discussing pending litigation, A. J. Lou vs. County of Riverside, said Closed session to be
held immediately following adjournment of the Redevelopment Agency meeting.
Mayor Snyder reconvened the meeting at 9:30 p.m. and immediately adjourned
with no action announced.
ATTEST:
SHEILA R. GILLAN, CITY C)ZRK��
CITY OF PALM DESERT, CALIFORNIA
W LTER H. SNYDER, A-05R
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EXHIBIT "A"
FREEDOM SHRINE
Everyday, everyone is living history. Not only is
it important that each day counts, but we need to understand what went
on before us. Americans do this by visiting historical shrines located
throughout the country.
I feel that these shrines are a very important part
of our lives. They remind us of why we are here and how we got here. If
the patriots hadn't fought for our freedom, I would not be able to
write this essay, nor be able to enjoy life as I know it. We have so
much to be thankful for.
Recently, I had the oppertunity to visit the new
Freedom Shrine in the Palm Desert City Hall. It's a very comprehensive
display of important events of our history.
One of the documents I saw was Andrew Jackson's
Letter Describing the Battle of New Orleans. I believe war at any
time is a senseless loss of life but after reading this document, I now
have a little better understanding of what people before us went
through to secure our freedom. Although I found this particular document
placed rather low on the wall, the documents in general are presented
in an attractive setting.
The Shrine is located in the City Council Chamber
andconsists of approximately 21 documents.
I hope that many people have the oppertunity to visit
City Hall and the new Freedom Shrine.
JENNIFER L. HAAS
Palm Desert Middle School
8th grade
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REGULAR CITY COUNCIL MEETING JUNE 27, 1985
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EXHIBIT "B"
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EXHIBIT "B"
Desert Shop for Men
73-890 EL PASEO
PALM DESERT, CA 92260
(619) 346-8584
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CARL MARTIN'S FOR SHOES
73-900 EL PASEO, PALM DESERT, CA 92260 (619) 568-2234
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EXHIBIT "B"
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EXHIBIT "B"
Mr. Music
73890 EL PASEO PALM DESERT, CA 92260
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JUNE 27, 1985
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REGULAR CITY COUNCIL MEETING
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EXHIBIT "B"
The Smartest Address on the Golden Desert
•nim OE/ERT
ORUIORAIR
hsmber of Cmmeree
GOLF AND TENNIS VACATION CAPITAL OF THE WORLD
HIGHWAY 111 AT MONTEREY / PALM DESERT, CALIFORNIA 92260 / (619) 346-6111
DON MC NEILLY, EXECUTIVE DIRECTOR
June 27, 1985
Honorable City Council
City Hall
Palm Desert, Ca. 92260
Dear Members of the Council,
This is to supplement our letter of May 21, 1985 RE: Parking in our Commercial District.
We are happy to see that you have, indeed, initiated a Parking Study Committee and we
do, at this time, reiterate our willingness to aid and abet your efforts.
Recently, we were handed a copy of a Parking Study concluded by the Staff of the
Redevelopment Agency of our City. It indicates that our current parking space supply
is consistant with the City's present standard. In most areas the supply is actually
shown to be considerably greater than the demand, thus our concern is largely looking
to the future.
We do not wish to impede desireable development and we do believe that current
should be considered in the light of current, available information.
Sincerely,
George Berkey,
Vice P'resident Civic A fairs
-16-
C�