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HomeMy WebLinkAbout1986-02-13MINUTES REGULAR CITY COUNCIL MEETING THURSDAY. FEBRUARY 13, 1986 CIVIC CENTER COUNCIL CHAMBER . . .• I. CALL TO ORDER Mayor Kelly called the meeting to order at 4 p.m. II. PLEDGE OF ALLEGIANCE - Councilman Walter H. Snyder III. INVOCATION - Mayor Richard S. Kelly IV. ROLL CALL Present: Councilmember Jean Benson Mayor Pro-Temoore Phyllis Jackson Councilman Walter Snyder Councilman S. Roy Wilson (.arrived at 4:15 p.m.) Mayor Richard S. Kelly Also Present: Carlos L. Ortega. Assistant City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk Kirby J. Warner. Director of General Servi,-es Ramon A. Diaz, Director of Community Servic-ns J. Folkers. Director of Public Work, V. CONSENT CALENDAR . . . (Consideration of the Consent Calendar wa,- given at 4:15 o.m. after the arrival of Councilman Roy Wilson who wished to remove certain items for consideration and after consideration of Resolution No. R6-20.) A. MINUTES of the Regular City Counrii Meetings of November 14, 1985. and January 23, 1986. Rec: Receive and fi'e. a I 1 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING FEBRUARY 13, 1986 • * • • • • r • * r • • • • r • • • • • • * • • • B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 86-072, -074, and -076. Rer: Approve as presented. C. APPL I CAT I ON FOR ALCOHOLIC BEVERAGE LICENSE by Lucky Stores, Inc. for 73-101 Monterey Avenue, Palm Desert. Rer: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Keith Roger. for Greta's, 74-869 Lennon Street, Palm Desert. Rec: Receive and file. , E. APPLICATION FOR Al. COHOLIC BEVERAGE LICENSE by Barbara and Ronald Welsh for La Fleur, 73-121 Country Club Drive, Palm Desert. Rec: Receive and file. H. LETTER OF RESIGNATION from Mr. Joseph Gibbs from the Advertising 8 Promotion Committee. Rec: Accept with sincere regrets and direct the Mayor to write a letter of aonreciation to Mr. Gibbs For his efforts on behalf of the community. I CLAIM AGAINST THE CITY (00/ by Francis L. Stephenson in the Amount of $90 for Damages Allegedly Sustained to His Automobile on a City Street. Rec: Direct the City Attorney to Settle the Claim with the Claimant. J. CLAIM AGAINST THE CITY (01 1) by Mat i ch Corpora- tion in the Amount of $85,545.72 in the Construction of Assessment District No. 81-1. Rec: Denv the claim and instruct the City Clerk to so advise the Claimant. K. RESOLUTION NO. 86-16 - A Resolution of the City Counci 1 of the City of Palm Desert. California, Setting Forth Its 2 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING * + * * + * * * * + * + + * * + * + FEBRUARY 13, 1986 + + * * + * Findings and Authorizing the Destruction of Files from the Department of Building & Safety That Have Been Microfilmed. Rec: Waive further reading and adopt Resolution No. 86-16. L. REQUEST FOR APPROVAL of Agreement No. 00-089 with the State Department of Transportation for the Living Desert Bikeway Project. Rec: By Minute Motion, approve the agreement and authorize the Mayor to execute same. M. REOUEST FOR APPROVAL of Change Order No. 1 of Agreement Contract No. 1090, Morse Consulting Group, for the Portola Avenue/Monterey Avenue Street Widening Project. Rec: By Minute Motion, approve Change Order No. 1 in the amount of $2,500 and appropriate the exact amount of said change order for payment of invoices involved with the engineering services on the Portola Avenue/Monterey Avenue street wideninas (Contract 1092). N. REOUEST FOR APPROVAL of Final Tract Mao 20064, Paul M. Filing, Applicant. Rec: Waive further reading and adopt Resolution No. 86-17, approving Tract Map 20064. 0. REQUEST FOR APPROVAL of Final Parcel Map 20112, George Berkey, Applicant. Rec: Waive further reading and adoot Resolution No. 86-18. approving Parcel Mao 20112. P. REQUEST FOR APPROVAL of Final Tract Map 20817, Robertson Homes, Applicant. Rec: Waive further reading and adopt Resolution No. 86-19, approving Tract Map 20817. Q. REQUEST FOR. RELEASE OF BONDS for Tract 19847-1, Imperial Bank, Applicant. MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING FEBRUARY 13, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • Rec: By Minute Motion. accr'pt the tract as complete and authorize the City Clerk to release the Faithful Performance and Labor 8 Material Bonds with acceptance of a ten -percent, one-year Maintenance Bond. R. REQU_EST FOR APPROVAL of Trolley Operation and Rental Agreements, Nos. 00-090 and 00-091. Per: By Minute Motion, approve the Trolley/Rental Agreement with Petar Jakovina and approve the Operation Agreement with Sunline Transit Agency. S. RFOVEST FOR APPROVAL of Dues Increase for League of California Cities. Rec: By Minute Motion, approve the request and authorize payment of a 6% increase in dues. Councilmembers removed Items F, G, J. P. and R for discussion under Section IX, Consent Items Held Over, of the Agenda. Councilmember Jackson moved to approve the Consent Calendar with the exception of Items F, G. J, P. and R. as presented. Councilman Snyder seconded the motion. Motion carried by unanimous vote. VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS A. RESOLUTION NO. R6-20 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DESIGNATING CERTAIN STREETS OR PORTIONS OF STREETS AS TRUCK ROUTES UNDER THE PROVISIONS OF SECTION 1 0 . 68. 040 OF THE PALM DESERT MUNICIPAL_ CODE. Mr. Folkers reported that while this resolution designated certain streets as truck routes, it would not prohibit making deliveries on streets not included in the resolu- tion. Upon motion by Benson. second by Snyder, Resolution No. 86-20 was adopted by unanimous vote of the Council. 4 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING FEBRUARY 13, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • Vlti. ORDINANCES For Introduction: A. ORDINANCE NO. 480 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PROHIBITING SKATE- BOARDS AND SIMILAR DEVICES ON ROADWAYS WITHIN BUSINESS DISTRICTS. Mayor Kelly reported that the City Manager, representa- tives of the Police Department, and he had met with some of the teenagers who had signed the petition opposing the Petition. He said that the youth had good input and suggestions, one of which was that the City provide a skateboarding policy instead of an ordinance and that the policy be taught and enforced by them. Mr. Ortega reported that as a result of the meeting, staff recommended tabling the ordinance, working with a youth advisory committee in planning for further youth needs as well as conducting an educational campaign on skateboarding, with direction to staff to contact Potential developers about a skateboard ramp. Councilmember Jackson said that the skateboards were a real problem for elderly pedestrians on El Paseo and felt that immediate education should he aiven for this area in view of the City's lack of liability insurance. Upon motion by Wilson. second by Jackson, the ordinance was, tabled by unanimous vote of the Council. For Adoption: None IX. CONSENT ITEMS HELD OVER F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by TGI Friday's. 72-620 El Paseo, Palm Desert. Upon question by Councilman Wilson, Mr. Erwin responded that this new application was caused by a stock transfer of which ABC required notification and refiling of license application. 5 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING FEBRUARY 13, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • Upon motion by Wilson, second by Jackson, the application was received and filed by unanimous vote of the Council. G. LETTER OFRESIGNATinN from Mr. Frederick Thon from the Parks 8 Recreation Commission. Councilman Wilson suggested that Mr. Thon be honored and thanked pub l i c l y since he had served on the Commission for several years. Mrs. Gilligan responded that a plaque had been ordered and that Mr. Thon would he invited to the next City Council meeting so that the Council could present it to him and thank him at the same time. Councilman Wilson moved to accept with sincere regrets and direct the Mayor to write a letter of appreciation to Mr. Thon for his efforts on behalf of the community. Councilmember Jackson seconded the motion, and motion carried by unanimous vote. J. CLAIM AGAINST THE CITY (0111 by Matich Corporation in the Amount of $85,545.72 in the Construction of Assessment District No. 8)-1. Upon question by Councilman Wilson, Mr. Erwin responded that this matter had been subject to discussion for a long period of time and that it concerned a charge by Matich for work in construction of curb and gutters in Assessment District 83-1. He said that over that period of time, staff had not been successful in a final determination with Matich, and he was recommending denial of the claim as "not due as well as not timely filed." Councilman Wilson moved to deny the claim as "not due as well as not timely filed" and instruct the City Clerk to so advise the Claimant. Councilman Wilson seconded the motion. Motion carried by unanimous vote. P. RERUEST FOR APPROVAL of Final Tract Map 20817, Robertson Homes, Applicant. Upon question by Councilmember Benson, Mr. Diaz responded that Robertson Homes was being required to pay for the creation of an Assessment District and waiving right to protest. He said that they could additionally he required to maintain the area and in the event the City was forced to take it over, the district would be activated for the purpose of maintaining the landscaping identified. 6 i III I I i• MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING FEBRUARY • • • • • • • • • • • • • • • • • • • • • • 13, 1986 • • • MR. RICK R. CHURCHILL, 9514 Night Lane, Stockton, California, addressed Council and agreed to prepare and sign such a condition if Council would consider this item during the evening portion of its meeting. Upon motion by Snyder, second by Benson, the item was continued to the evening portion of the meeting by unanimous vote of the Council. The following action was taken immediately following the Public Hearing portion of the agenda: Councilman Snyder moved to waive further reading and adopt Resolution No. 86-19 with the submission of a letter from Robertson Homes, dated February 13, 1986, and signed by Rick R. Churchill, Division President, which was submitted to the City Council during the meeting. Councilmember Benson seconded the motion, and the motion carried by unanimous vote. R. REQUEST FOR APPROVAL of Trolley Operation and Rental Agreements, Nos. 00-090 and 00-091. Councilman Wilson asked what happened to this agreement is Sunline and/or Riverside County Transportation Commission failed to approve funding for it in March. Mayor Kelly, the City's representative to Sunline, said he felt there already was a verbal agreement with Mr. Jakovina but suggested Council continue this request until R.C.T.C. has considered the funding. Mr. Ortega asked that if Counc i I chose to continue the item for a month that it authorize payment of the bills through February as well as $5,415 for payment of insurance. Councilman Wilson moved to approve payment to Petar Jakovina for the trolley through February and to further authorize payment of $5,415 for insurance coverage with the provision that Council will review this agreement after R.C.T.C. has considered and approved funding heyond February. Councilmember Benson seconded the motion. Motion carried by unanimous vote. X. NEW BUSINESS A. REQUEST FOR APPROVAL__OF_AGR_EEMENT___NO. 00-092 FOR ENGINEERING SERVICES FOR THE NORTH SIDE AREA DRAINAGE STUDY. Councilmember Jackson moved to, by Minute Motion, approve the agreement with Charles Haver 8 Associates to perform the engineering 7 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING FEBRUARY 13, 1986 • • 1 * • * • • 1 1 1 1 • services for the north side drainage study and appropriate $25,000 from the drainage fund. Councilman Wilson seconded the motion. Motion carried by unanimous vote. R. REPORT ON EXCESSIVE WATER RUNOFF IN THE CITY OF PALM DESERT. Mr. Ramsey reported that enforcing nroblems dealing with excessive water runoff in the City was now a full-time ioh for one or more people. He said that Frank Allen had investigated solutions used in other cities and pointed out that the City of Palm Springs had a program whereby the Desert Water Agency charged a surcharge to offenders on their water bills after warnings were ignored. A twenty-five percent charge was made the first month and raised to 50% thereafter. In addition, if the surcharge did not stop the offense, restrictors are placed in lines to reduce the problem. He concluded his report by recommending that staff be instructed to contact our local water companies to see if they would be willing to work with the City on a program such as this and if so, staff would come hack to Council with a proposed ordinance enacting such a program. Councilman Wilson asked whether or not any of the surcharge money would come back to the City to repair the eroded streets the water runoff created. Mr. Ramsey said that the Palm Springs ordinance did not make such provision but said he would investigate including it. Councilmember Benson moved to direct staff to further investigate this possibility with the local water companies with a subsequent report, recommendation, and proposed ordinance to the City Council. Councilmember Jackson seconded the motion. Motion carried by unanimous vote. Councilman Wilson suggested staff also inquire of other cities and California/Arizona/Nevada Group to see whether or not they allow a waiving of the surcharge if the owner is willing to install new sprinkling devices. Councilm_ four-way stop at the intersection of Shadow Mountain Drive and Tumbleweed 1 C. REQUEST FOR CONSIDERATION OF TRAFFIC CONTROLS ON TUMBLEWEED BETWEEN JOSHUA TREE AND OCOTILLO. mber Jackson moved to, by Minute Motion: 1) Place a e 8 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING FEBRUARY 13, 1986 a • • • • • • • • • • • • • • • • * • • * • * • • for thirty days; 2) reverse the stop signs at the intersection of Shadow Mountain Drive and Tumbleweed after the thirty -day period to stop Shadow Mountain Drive; and 3) make Tumbleweed a through street between Joshua Tree and Ocotillo. D. REQUEST FOR APPROVAL OF SPECIAL SIGN PERMIT FOR VINTAGE INVITATIONAL GOLF TOURNAMENT. Mr. Ortega reported the Vintage Club had requested this sign permit because it was using its Portola entrance as the public entrance to the golf tournament. Council expressed concern over traffic problems it would create on Portola as well as inconvenience and disturbance to Palm Desert residents. Councilman Snyder moved to continue the matter for two weeks and to instruct staff to determine why Portola is being used as the tournament's public entrance when Cook Street seems more suitable. Councilmember Jackson seconded the motion. Motion carried by unanimous vote. XI. CONTINUED BUSINESS A. REPORT ON MEETING TO DISCUSS PALM DESERT HIGH SCHOOL ACCESS ROAD. Councilman Wilson reported that the City Manager, Mayor Kelly, representatives of the School District, and he had met with concerned homeowners in the Magnesia Falls area and out of that meeting came a recommendation that the Mayor execute the agreement with Morse Engineering for design of Magnesia Falls as well as direction that the engineer look at alternative routes. Mr. Fo l kers advised that since then and at the City Attorney's direction, staff was r-ecommending that the City engage the services of another engineering firm to study alternative routes as well as traffic impacts on all possible routes. He recommended that the Mayor be authorized to execute an agreement with A.S.L. Engineering for this purpose, said agreement to include a 507. contingency for the purpose of holding public meetings.] Upon motion by Wilson, second by Benson, Agreement No. 00-095 with A.S.L. Engineering Company was approved by unanimous vote of the Council. 9 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING FEBRUARY 13, 1986 * * * • * • • * * * * * • * * * * * • * * * * * * Councilman Wilson moved to authorize the Mayor to execute the agreement with Morse Engineering Co. for the design of Magnesia Falls Road. Councilmember Benson seconded the motion. Motion carried by unanimous vote. XII. OLD BUSINESS A. REPORT ON CURRENT CITY CABLE TELEVISION REGULATION RATE AUTHORITY. Mr. Ortega reviewed the staff report and said that the questions left were should we proceed in trying to change the FCC position on the effect of competition and should we pursue the cable company's position that it is entitled to an automatic 5% increase. Councilmember Benson said she felt the City had an obligation to its residents to pursue this in 1 i ght of the complaints about poor reception. Mayor Kelly agreed and said that while all CVAG cities would benefit, it might be expedited it Palm Desert were to proceed on its own Councilman Snyder moved to direct staff to determine the methods needed to assure ourselves control of our franchise through an engineer- ing study and to come back to Council with a cost of doing same. Councilmember Benson seconded the motion. Motion carried by unanimous vote. B. REQUEST FOR AWARD OF CONTRACT FOR TRAFFIC SIGNAL 8 ROADWAY IMPROVEMENTS AT FRED WARING DRIVE/COOK STREET, FRED WARING DRIVE/DEEP CANYON ROAD, AND PORTOLA AVENUE/COOK STREET (CONTRACT NO. 1091). Councilman Snyder moved to, by Minute Motion: 1) Award Contract No. 1091 to Paul Gardner Corporation in the amount of $484,974.30 and authorize a ten -percent contingency reserve for the contract in the amount of $48,497.43; 2) Appropriate $194,000 to allow for sufficient monies for the construction of said project, and 3) transfer capital reserves from the street fund (03) to the signalization fund (06) in the amount of $120,000. Councilmember Jackson seconded the motion, and the motion carried by unanimous vote. C. SUMMARY OF YEAR 2000 OPEN SPACE COMMITTEE MEETING OFII JANUARY 30, 1986. 10 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING FEBRUARY 13, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Wilson moved to continue the matter to the Council meeting of February 27, 1986. Councilmember Jackson seconded the motion. Motion carried by unanimous vote. D. REQUEST FOR AUTHORIZATION FOR THE CITY TO JOIN THE LIABILITY INSURANCE PROGRAM OF THE COACHELLA VALLEY JOINT POWERS INSURANCE AUTHORITY (CVJPIA). Councilman Wilson moved to, by Minute Motion, authorize the City to make a commitment to join the liability insurance program of the Coachella Valley Joint Powers Insurance Authority (CVJPIA). Councilman Snyder seconded the motion. Motion carried by unanimous vote. Mayor Kelly recessed the meeting at 6 p.m. for dinner. He recon- vened the meeting at 7 p.m. XIII. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XIV. ORAL COMMUNICATIONS - B None XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION AND UPDATE ON ADVERTISING 8 PROMOTION COMMITTEE ACTIVITY BY HANK STOKES, COMMITTEE CHAIRMAN. Mr. Hank Stokes, Chairman of the Advertising and Promotion Committee presented figures and comparisons showing not only the Committee's Qrowth and activities, but also its success over the last two years (said report attached hereto and made a part hereof as Exhibit "A") . He introduced Mr. Jim Lopez, Vice Chairman of the Committee and Chairman Elect for 1986-87, and Mr. Chuck Davis, President of Davis 8 Associates Advertising which works with the Committee. He presented Council with a packet which included samples of brochures the Committee was using as well as a copy of the February, 1986, edition of Palm Springs Life Magazine which included this year's Palm Desert Special Section. Councilmembers each commended the Committee and its member- MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING FEBRUARY 13, 1986 * * * * • * * * * * * . • . . * * * * * * . * * * 1 ship saying it did an outstanding job, and they were proud and enthusiastic about the results. XVI. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION OF APPEAL OF A PLANNING COMMISSION DENIAL OF A GENERAL PLAN AMENDMENT FROM PARK TO MEd-1UM DENSITY RESIDENTIAL, 5-7 DWELLING UNITS PER ACRE, A CHANGE OF ZONE FROM OPEN SPACE TO PR-5 (PLANNED RESIDENTIAL, 5 DWELLING UNITS PER ACRE), AMENDED FROM ORIGINAL REQUEST, AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR 58 ACRES LOCATED ON THE SOUTH SIDE OF HOVLEY LANE BETWEEN PORTOLA AVENUE AND ECLECTIC STREET - ARTHUR BAILEY S ASSOCIATES, GEORGE BERKEY, AND TERRA NOVA, APPLICANTS (Continued from meetings of December 12, 1985, and January 9, 1986). Mayor Kelly said the hearing was open as it had been continued from a previous meeting, and he invited testimony. MS. SUSAN MACK addressed Council saying she was disappointed that more people had not attended and asked if it would he better if she gave her testimony at the next meeting. Mayor Kelly advised it might be better at that time when the applicant is present to hear and respond if necessary. In answer to a question, Mayor Kelly suggested Ms. Mack get in touch with the City Clerk relative to format of a petition. Upon motion by Wilson, second by Jackson, the matter was continued to the meeting of February 27, 1986, by unanimous vote of the Council. B. CONSIDERATION OF AMENDMENT DELETING $25,000 MAINTENANCE BOND REQUIREMENT OF ONE QUAIL PLACE DEVELOPMENT AGREEMENT (ONE QUAIL PLACE, APPL.ICANT). Mayor Kelly declared the hearing open and asked for staff's report. Mr. Ortega said that the recommendation from staff was to deny this request in light of other project approvals and conditions. Mayor Kelly invited testimony in FAVOR of the request. 12 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING FEBRUARY 13, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • MR. ROBERT, 42-600 Bob Hope Drive, said that this was a rental project that had been very successful and the requirement for a bond should not continue indefinitely. He requested Council's rescinding this condition. Mayor Kelly invited testimony in OPPOSITION to the request, and none was offered. He closed the public hearing. Councilmember Jackson stated that the City had found in other cases that projects don't always maintain landscaping, and she felt this request after only one year was premature. She moved to deny the request by waiving further reading and adopting Resolution No. 86-21. Councilmember Benson seconded the motion. Motion carried by unanimous vote. C. REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW USE OF A 1200 SQUARE FOOT COMMERCIAL BUILDING FOR A VETERINARY HOSPITAL AT 74-004 HIGHWAY 111 (DR. NANCY CREEK, APPLICANT). Mayor Kelly declared the public hearing open and asked for staff's report. Mr. Diaz stated said that this item had been called up for review by the City Council, and staff continued to recommend approval as provided by the Planning Commission. Mayor Kelly invited testimony in FAVOR of the request. MR. CHARLES SWEET, addressed Council as property manager of the building and saying the vet had entered into a short-term lease for use for animal surgery only. He said that animals would never be boarded overnight. HP said that no contiguous property owners had objected to this use. He said that the veterinarian had agreed to the short-term lease because the corner had high visibility which she needed as she was new to the community. The site is to be razed in six to 12 months and a 35-38,000 sq. ft. improvement will be built there. Mayor Kelly invited testimony in OPPOSITION to the request. MS. CATHY MONROE, 44-853 Portola, said she lived next door to the site and had no objections with the assurance that no animals would be boarded over night. With no further testimony offered, Mayor Kelly closed the public hearing. 13 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING FEBRUARY 13, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • Upon motion by Jackson, second by Wilson, Resolution No. 86-22, approving Conditional Use Permit 85-6, was adopted by unanimous vote of the Council. D. REQUEST FOR APPROVAL OF A NEGATIVE DECLARATION OF ENVIRON- MENTAL IMPACT AND PRECISE PLAN OF DESIGN FOR A 204,300 SQUARE FOOT RETAIL COMMERCIAL SHOPPING CENTER AND 250 ROOM PLUS 24 CASITAS DESTINATION RESORT HOTEL ON A 32 ACRE PARCEL AT THE SOUTHWEST CORNER OF HIGHWAY 111 AND FRED WARING DRIVE (DAWN/GOLDEY III PARTNERSHIP, APPLICANT). Mayor Kelly declared the public hearing omen and asked for staff's report. Mr. Diaz stated that the applicant had requested a continuance, and staff was, therefore, recommending Council continue it to a date uncertain and instruct staff to readvertise and notify at such time as the City is ready to proceed. Mayor Kelly invited testimony in FAVOR of the request, and the following spoke in favor of the continuance: MR. BARRY D. MCCLELLAN, 74-480 Fairway Drive, Palm Desert. MR. JOE HENNSLEY, Member of the development team for the applicant. Councilman W i l son said that from all he had read, he was in total agreement with the Planning Commission decision. He said the proposal was incompatible with the zoning and the intent the City has for the property. He asked if the developer had expressed any interest in making the project commercial rather than resort, a major change to the proposal. Mayor Kelly agreed that the project as it was now was totally unacceptable. He said that in his meeting with the developer, he had seen every indication that they were willing to work with representatives of the Planning Commission, staff, and City Counc i l to build what we would 1 i ke to see on the pro- perty. He said he Felt it to the City's benefit to be able to work with someone who is willing to work for what we want on that land. Councilmemher Benson said she would like to see the Council take action to hold off any development on those three corners until the City has established just exactly what it does want there. She noted that the Planning Commission and City Council were going to be touring other communities in the near 14 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING • • • • • • • • • • • FEBRUARY 13, 1986 • • • • • • • • • • • • • • future to help decided just that. Councilman Wilson concurred and said that perhaps it would be more fair to developers if some time of holding action were taken until the City clarified specifically what it wanted and that way developers would not put a great deal of time and effort into something totally wrong. Mayor Kelly and Councilmember Jackson both voiced support for working with this developer who had already expressed a desire to work with us. Councilman Snyder said that these were three prime pieces of land which must be developed properly. Since we had an opportunity to sit down with these people and work with them, he moved to grant a continuance of this program with an open date to give an opportunity for the developer and our planning people to come up with something that is desirable. Councilmember Jackson seconded the motion. Motion carried by a 4-1 vote with Councilmember Benson voting NO. Mayor Kelly apoointed Councilmembers Benson and Snyder to work on this subcommittee. E. REQUEST FOR CONSIDERATION OF A ZONING ORDINANCE AMENDMENT ALLOWING FOR AN ALTERNATE MEMBER TO THE ARCHITECTURAL COMMISSION. Mayor Kelly declared the public hearing open and asked for staff's report. Mr. Diaz reported that this amendment had been proposed by the City Council and had been approved as written by the Planning Commission. He recommended Council's approval. Mayor Kelly invited testimony in FAVOR of the amendment, and none was offered. He invited testimony in OPPOSITION to the request, and none was offered. He declared the hearing closed. Upon motion by Jackson, second by Snyder, Ordinance No. 452 was passed to second reading by unanimous vote of the Council. F. REQUEST FOR CONSIDERATION OF A GENERAL PLAN AMENDMENT TO INSTITUTE THE CITY'S GENERAL PLAN, PREZONE IN ACCORDANCE WITH THE CITY'S ZONING ORDINANCE AND A NEGATIVE DECLARA- TION OF ENVIRONMENTAL IMPACT AS IT PERTAINS TO A PART OF THE CITY'S EASTERN SPHERE OF INFLUENCE MORE PARTICULARLY DESCRIBED AS: 83 ACRES AT THE NORTHWEST CORNER OF DEL SAFARI DRIVE AND FRANK SINATRA DRIVE (R.C. ROBERTS, APPLICANT). Mayor Kelly declared the public hearing open and asked for staff's report. 15 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING FEBRUARY 13, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • Mr. Ortega and Mr. Diaz reviewed staff's report to Council. Mayor Kelly invited testimony in FAVOR of the request, and none was offered. He invited testimony in OPPOSITION to the request, and the following was offered: MR. ED BUSH, Del Safari Country Club, said they had concerns about increased density and reserved the right to oppose at such time as development was proposed. Mayor Kelly declared the public hearing closed. Upon motion by Jackson, second by Snyder, Resolution No. 86-23 was adopted and Ordinance No. 453 passed to second reading by unanimous vote of the Council. XVII. REPORTS AND REMARKS A. CITY MANAGER Mr. Ortega reported that at the joint City Council/Plan- ning Commission study session, direction had been given for the City Manager to sit down with Birtcher/Dunham, the developer of the commercial property on El Paseo, to see if assistance could be given to encourage a major depar- tment store on the site. This meeting had been held and a letter stating the City's desires had been request. Staff was now requesting Council's permission to send such letter. Councilman Wilson moved to approve the letter as presented and authorize the Mayor to sign it. Councilmember Jackson seconded the motion. Motion carried by unanimous vote. B. CITY ATTORNEY Mr. Erwin apologized for his delay in submitted the requested report on convenience stores; however, the report was more involved than he anticipated, and he hoped he would have it by Council's next meeting. C. MAYOR AND MEMBERS OF THE CITY COUNCIL 1 1. DISCUSSION OF CITY OF PALM DESERT JUNIOR GOLF11 COURSE. (Mayor Dick Kelly) 16 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING FEBRUARY 13, 1986 • • • • • • • • • • • • • • • • • • • • • * * • Mayor Kelly referred to his memo to Council outlining his progress to date and asked for Council's authori- zation to move ahead with this program. Councilman Snyder said he would be remiss in not saying he had received numerous phone calls in opposition to this program. He said people think costs of maintaining such a course would be horren- dous and that the City should be producing and maintaining parks instead. Councilmember Benson said she had received a letter from Desert Youth Sports Organization which outlined its golf program and indicated it still had room for more participants. Councilman Wilson said that people who were negative about it were looking at it as an "either/or" project -- either golf or playgrounds and ballfields. He said that before the Mayor spent any more effort on i t , perhaps evening meetings before the Parks A Recreation Commission should be scheduled to take public input. He said staff should prepare a report outlining programs available in our community as well as where we stand in comparison to what other adjacent communities are providing. Mayor Kelly noted that many people were very excited about this junior golf course which would he one of a kind west of Florida. He said that he had received many offers for donations from the community to get this going, but he wanted a commitment before he proceeded any further. Councilman Snyder said that he agreed with Councilman Wilson's idea for more hearings on it and suggested that in so doing, all organizations such as the C.V. Recreation District, the Family Y/Youth Center, C.O.D., Desert Youth Sports, etc. be contacted for their input. Staff was directed to schedule such meetings before the Parks and Recreation Commission and to prepare a report to Council as outlined by Councilman Wilson. 2. Councilmember Benson asked that the draft RFP she had received for the north sphere planning consultant be rewritten to include a preface as to what the 17 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING FEBRUARY 13, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • City would like that area to be so that people know this is not just another piece of property but rather the City's gateway. Mr. Ortega said staff would be so instructed. XVIII. ADJOURNMENT Upon motion by Wilson, second by Jackson, and unanimous vote of the Council, Mayor Kelly adjourned to Closed Session at 8:30 p.m. in accordance with Section 54956.9c of the Government Code. Mayor Kelly reconvened the meeting at 9:15 p.m. and immediately adjourned with no action taken. ATTEST: SHEILA R. GLL'CIGAN, C CITY OF PALM DESERT, CLERK ALIFORNIA RICH ARD S. KELLY, MAYOR 18 1nnual Total A & P Budget* EXHIBIT A February 13, 1986 MID -YEAR ADVERTISING PROGRAM REPORT PALM DESERT ADVERTISING & PROMOTION COMMITTEE Last Year (1984-85) This Year (1985-86) $155,000 $170,000 Variance % Increase $15,000 9.7% Inc':ir ies Peceived Through Jar. 31 of Each Year 2186 5948 3762 272.1% Est L r«.ted V!_sl for Expi-; : +i tures renei•ated r! i iF:::+_. 1 1 by A P Plocram Total Ir:;:uiries $630,000 $1.8 mill. $1.17 mill. 285.7% 5127 11,000+ 5873 214.5% actual projected Tura! 30 Total Visitor Expenditures $1.5 mill. $3.2 mill. actual projected $1.7 mill. 213.3% RA1T 0? RETURN ON CITY INVESTMENT Through Jan. 31, 1985: 4 to 1 Through Jan. 31, 1986: 10.5 to 1 Through June 30, 1985: 9.6 to 1 Through June 30, 1986 18.8 to 1 *Media Portion of Budget Alone $81,600 $90,000 $8,400 10.29%