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HomeMy WebLinkAbout1986-03-27MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 27, 1986 CIVIC CENTER COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * .* * * * * * * * * * * * * I. CALL TO ORDER Mayor Kelly convened the meeting at 4:00 p.m. H. PLEDGE OF ALLEGIANCE - Councilman S. Roy Wilson III. INVOCATION - Councilman Walter H. Snyder IV. ROLL CALL Present: Councilmember Jean Benson Councilman Walter H. Snyder Councilman S. Roy Wilson Mayor Richard S. Kelly Also Present: Bruce A. Altman, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk Carlos L. Ortega, Assistant City Manager Kirby J. Warner, Director of General Services Ramon A. Diaz, Director of Community Services Richard J. Folkers, Director of Public Works Mr. Frank Allen, Director of Code Enforcement Excused Absence: Mayor Pro-Tem Phyllis Jackson V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of March 13, 1986. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 86-086, 087, and 091. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 1986 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. FINANCIAL STATEMENTS AND INVESTMENT SHEETS for Period Ending January 31, 1986. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Desert Falls Country Club for Desert Falls Country Club, 1111-1/2 Desert Falls Parkway, Palm Desert. Rec: Receive and file. E. RESOLUTION NO. 86-31 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PROVIDING FOR UTILIZATION OF FACSIMILE SIGNATURES FOR THE EXECUTION OF CHECKS AND WARRANTS. Rec: Waive further reading and adopt. F. RESOLUTION NO. 86-32 - 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 & SAFETY THAT HAVE BEEN MICROFILMED. Rec: Waive further reading and adopt. G. RESOLUTION NO. 86-33, - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DESIGNATING AN AUTHORIZED AGENT FOR MATTERS PERTAINING TO FEDERAL DISASTER ASSISTANCE. Rec: Waive further reading and adopt. H. REQUEST FOR APPROVAL of Change Order to Engineering Contract No. 00-101 for the San Pablo Bikeway. Rec: By Minute Motion, approve the change order and authorize payment to Joseph Cicchini in the amount of $200. I. REQUEST FOR AWARD OF CONTRACT NO. 00-1D2 for Project Manager of the Cook Street Extension Project. Rec: By Minute Motion, authorize the Mayor to enter into Contract No. 00-102 with Charles Haver and Associates to act as project manager for the subject contract in the amount of $15,000 and appropriate said amount from the unallocated street reserves. 2 MINUTES - REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 1986 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * J. REQUEST FOR AWARD OF CONTRACT NO. 00-103 for Engineering Services for Cook Street from 42nd Avenue to 500 Feet North of Hovley Lane. Rec: By Minute Motion: 1 Authorize the Mayor to enter into Contract No. 00-103 with Housley Associates, Inc. in the amount of $7,060 and authorize a ten percent contingency reserve for the contract in the amount of $706; and 2. Appropriate said amount from the unallocated street reserves. Councilmember Benson asked that Item E be removed for discussion under Section IX. Mrs. Gilligan requested continuance of Item A to the next meeting. Councilman Wilson moved to approve the Consent Calendar as presented with the exception of Item E and the continuance of Item A to the next meeting. Councilmember Benson seconded the motion. Motion carried by unanimous vote. VL ORAL COMMUNICATIONS - A MR. RICHARD STEVENS, Manager of the Monterey Avenue/Country Club Drive Lucky Market, addressed Council stating they were having their grand opening on April loth and that he had not filed soon enough to be placed on this agenda for permission to hang banners. He respectfully requested Council's consideration of permission to hang grand opening banners on April loth through the 13th. Upon question by Council, Mr. Diaz responded that under City provisions, only the Council could grant such permission. He said staff would recommend granting the request as it was the opening of an entire center and is the first one in the northerly area of the City. Councilman Wilson moved to grant the request for a special sign permit to Lucky Stores to hang banners at the new location on April 10, 11, 12, and 13. Councilmember Benson seconded the motion. Motion carried by unanimous vote. VII. RESOLUTIONS None VIIL ORDINANCES For Introduction: A. ORDINANCE NO. 457 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO CLEAN-UP OF HAZARDOUS MATERIALS. Mr. Folkers advised this ordinance had been prepared as .a joint effort of the City Attorney's office and the Public Works Department. It would allow the City to recoup any costs it might incur in a spill of hazardous waste. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 1986 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon motion by Benson, second by Snyder, Ordinance No. 457 was passed to second reading by unanimous vote of the Council. B. ORDINANCE NO. 458 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION NO. 10.48.230 OF THE MUNICIPAL CODE RELATIVE TO PROHIBITING ALL-NIGHT PARKING. Mr. Folkers reported that the prohibition of all-night parking in certain areas of the commercial district would eliminate street sweeping problems crews were currently experiencing. Upon motion by Snyder, second by Benson, Ordinance No. 458 was passed to second reading by unanimous vote of the Council. For Adoption: A. ORDINANCE NO. 455 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 8.20.010 OF THE CODE OF THE CITY OF PALM DESERT RELATING TO PUBLIC NUISANCE. Mr. Altman advised that no additional input had been received since first reading of the ordinance. MR. BOB WEINSTEIN, owner of Seven -Eleven Store on Highway 111, addressed Council in opposition to the adoption of this ordinance. Mayor Kelly advised that this ordinance did not restrict any particular business's hours of operation but rather provided a process for review of such a problem should one arise. He said that the public hearing process provided in the ordinance would protect a business owner as well as the City. Upon motion by Snyder, second by Benson, Ordinance No. 455 was adopted by a 3-1-1 vote with Councilman Wilson voting NO and Councilmember Jackson ABSENT. Council. B. ORDINANCE NO. 456 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE NO. 329 AND ADDING CHAPTER 9.50 TO THE CODE OF THE CITY OF PALM DESERT RELATING TO MOBILE HOME RENT REVIEW. Mr. Altman advised that no additional input had been received since first reading of the ordinance. Upon motion by Benson, second by Snyder, Ordinance No. 456 was adopted by unanimous vote of the 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 1986 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IX. CONSENT ITEMS HELD OVER E. RESOLUTION NO. 86-31 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PROVIDING FOR UTILIZATION OF FACSIMILE SIGNATURES FOR THE EXECUTION OF CHECKS AND WARRANTS. Councilmember Benson stated that this resolution noted that all checks signed by the facsimile signatures would be logged in a register, and said register would be initialed by the Mayor and/or the City Treasurer. She said she hoped this would be prior to use of the facsimile stamp. Mayor Kelly asked that this be changed to reflect that it would be initialed by the City Treasurer and the Mayor. Councilmember. Benson asked.that.wordingbe_added_that it be done prior to use of the stamp. Councilman Wilson asked why staff was recommending the use of two facsimile signatures. He said he could see the use of one original facsimile signature when a person is not available. Mayor Kelly stated that he was the one who asked for this because of payroll checks, which he felt could be stamped with a facsimile signature stamp as long as he reviews the list and has the backup items to look at. He said staff was also looking into obtaining a machine that affixes facsimile signatures, and he suggested using a stamp between now and the time a machine is obtained. Councilman Wilson stated that he could see this being done on routine checks and paychecks, but he was concerned with the possibility of someone ending up being paid before those responsible (the Mayor and City Treasurer) found out what happened. He said he was more concerned with non -routine items that might be questioned by one or the other, and this procedure seemed to eliminate both original signatures. Mr. Warner stated that the review process would remain the same, with the backup being reviewed prior to any signing being done. He said this particular resolution set the stage for an automated check signing machine as the number of said checks grows. He said in the system he was looking at, the machine would have two keys, one in his possession and one with the Mayor, and it would not work unless both keys were inserted into the machine. Councilman Wilson moved to waive further reading and adopt Resolution No. 86-31 with Section 4 amended to read "and said register will be initialed by the Mayor and City Treasurer prior to use of the stamp." Councilman Snyder seconded by motion. Motion carried by unanimous vote. X. NEW BUSINESS A. REQUEST FOR ENCROACHMENT PERMIT BY TOWN CENTER APARTMENTS. Upon motion by Snyder, second by Benson, and unanimous vote, the item was continued to the meeting of April 10, 1986, to allow staff time to work with the applicant in resolving problems relative to landscaping, street parking, and sidewalks. 5 1V1INUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 1986 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. APPEAL OF BUILDING BOARD OF APPEALS & CONDEMNATION DECISION BY TEMPLE SINAI JEWISH COMMUNITY CENTER OF PALM DESERT. Mayor Kelly advised that the applicant had telephoned him and asked for a two -week continuance. Upon motion by Snyder, second by Wilson, and unanimous vote of the Council, the item was continued to the meeting of April 10, 1986. C. REQUEST FOR ALLOCATIQN OF FIVE -ACRE SITE FOR PALM DESERT MUSEUM OF INTERNATIONAL ARTS. Mr. Altman said that staff recommended the City Council direct staff to bring this request to the attention of the consultant hired to prepare the master plan for the Civic Center site. Mr. Ortega added that there might be some legal problems with donation of land by the Redevelopment Agency. He said the Agency Attorney was reviewing this subject and a report would be available by the next meeting. MR. ROMEO PULUQI, 72-850 Tamarisk, Palm Desert, addressed Council stating that the Committee needed a commitment as it is very difficult to get people to commit money with no definite site. He said the master planning process would take at least six months, and the committee just could not wait that long. He urged Council to "bite the bullet" and make a decision one way or the other. Councilmember Benson stated that a museum was definitely something the City should have. However, she was concerned that because the City had acquired this land, it might start receiving numerous requests such as this for donations of sites. She felt that until the plan was completed, Council should be cautious. Councilman Wilson said a museum is what the City wanted on this property; it was acquired for public buildings -- libraries, museums, etc. He asked if it could be leased to the committee for a nominal fee such as $1 per year. Mr. Ortega responded that until he saw the Agency Counsel's report, he did not have an answer. He expected to receive such response before the next Council meeting. MR. BERNIE LEUNG said the committee had been actively working on this project for almost two years and was at a point where the IRS had officially okayed them as a non-profit organization. He said as far as the City's Master Plan is concerned, Palm Desert has a lot of acreage here, and the committee felt this area would be. the cultural hub of the Valley. The committee felt it would be very appropriate to have a museum adjacent to College of the Desert, and the Council should view this as an opportunity to kickoff the museum project. Councilman Wilson moved to continue this item to the meeting of April 10, 1986, and direct staff to come up with the appropriate wording for a motion that will give all sides firm direction on how to proceed. Motion was seconded by Benson and carried by unanimous vote. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 1986 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. CONSIDERATION OFPROPOSED BUDGET FOR THE COVE COMMUNITIES PUBLIC SAFETY COMMISSION. Mr. Altman noted the Public Safety Commission budget documents in the packets. He said this was basically for Council's information and to be included in the City's total budget. He said this would provide for paramedic services out of the new Portola station when it opens as well as a tele-squirt engine for that station. He noted that the Portola station would be fully staffed with officers and fire personnel. MR. ERIC JOHNSON, Eastern Division Chief for Riverside County Fire Department, addressed the Council and stated that he supported this budget request. Mayor Kelly stated that this was unanimously adopted by the Public Safety Commission. Councilman Wilson asked if the City's share of this budget fell within the $48 tax assessment, and Mr. Altman responded that it did. He also added that there would be$150,000 in the budget this year, to be increased each year to replace the snorkel truck in a few years because its life expectancy is approximately two and a half years. Councilman Snyder added that the Public Safety Commission intended to increase the paramedic program and add one more ambulance to be located at the new Portola station. Councilman Wilson stated that the additional paramedic sounded very good; however, he asked if it would be better to be located at the central Palm Desert location rather than out on Cook Street at the present time. He said in terms of response time to the major population as it exists today, he felt it would be better to have it at a more central location. Mr. Altman responded that the Commission looked at the fact that the Portola station is the only one on the other side of the Wash, and it would be responding not only to Palm Desert but also to Rancho Mirage and Indian Wells. Mr. Johnson added that this paramedic unit would be serving an area that presently is the longest distance from the two existing paramedic units, plus the new Marriott development on the south side of Country Club would generate numerous calls. Councilman Snyder moved to, by Minute Motion, adopt the budget as submitted. Motion was seconded by Benson and carried by unanimous vote. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 1986 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XI. CONTINUED BUSINESS A. RESOLUTION NO. 86-29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RECOGNIZING THE COACHELLA VALLEY INDUSTRY EDUCATION COUNCIL AS THE COORDINATING AGENCY BETWEEN EDUCATION AND INDUSTRY IN THE COACHELLA VALLEY. Mrs. Gilligan reviewed the staff report, noting that Councilman Wilson had requested more information relative to the organization. She said staff was able to contact Mr. Webster Wilson and had indicated in the staff report the information that was obtained. She offered to answer any questions. Councilman Wilson stated that he still had concerns with regard to this resolution. He said he had checked into what this is. He said this was a foundation that attempts to get Federal funds for work training programs. He said it was not the only such organization in the Valley and that there were three or four others that also tried to obtain funding. He said this was asking the City to recognize this organization as the coordinating agency, and to him it would be like taking one apparel shop in town and designating it as the official Palm Desert apparel shop. He said he did not think the Council should get into that kind of activity and felt it would be inappropriate for the City to single out one of several different organizations that attempt to get Federal funds. Councilman Snyder stated that this would bother him also. Councilman Wilson moved to TABLE this matter indefinitely. Motion was seconded by Benson and carried by unanimous vote. B. REPORT BY CITY MANAGER ON ECONOMIC DEVELOPMENT COMMITTEE. Mayor Kelly asked for Mr. Altman's oral report and recommendation. Mr. Altman stated that Council at its last meeting had directed the City Manager, Councilmen Wilson and Snyder, Mr. Diaz, and Mr. Ortega to come up with more ideas on the Economic Development Committee. He said all of the people listed in his memorandum had agreed to serve, and he recommended that Council formally establish the Economic Development Committee and direct the group to go back and formulate strategies and roles and bring them back to Council for formal adoption. He offered to answer any questions. Councilmember Benson moved to, by Minute Motion, formally establish the Economic Development Advisory Committee and appoint the members as listed on the City Manager's memorandum. Motion was seconded by Kelly and carried by unanimous vote. Councilman Wilson moved to adjourn the meeting at 5:30 p.m. to the Conference Room in order to interview applicants for the Parks & Recreation Commission, noting that the public was welcome to attend these interviews. Motion was seconded by Benson and carried by unanimous vote. Mayor Kelly reconvened the meeting at 7:00 p.m. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 1986 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. REPORT ON COUNCIL DIRECTION RELATIVE TO PALM DESERT COMMUNITY PARK RESTROOMS. Mr. Altman noted the memorandum in the packets from Mr. Folkers. He stated that the cost to do all of the proposed changes would be approximately $112,000. He said if Council wished to proceed, the motion would be to appropriate the funds from the unallocated park capital reserve fund and direct staff to proceed with the design and construction. Councilman Snyder complimented staff for the thoroughness of the report. Councilman Wilson moved to, by Minute Motion, accept staffs recommendations and appropriate the monies from the unallocated park fund in the amount of $112,000. Motion was seconded by Snyder and carried by unanimous vote. D. CONSIDERATION OF AN ORDINANCE REGULATING FOOD HANDLERS AS REQUESTED BY THE RIVERSIDE COUNTY HEALTH DEPARTMENT. Mr. Altman stated that staffneeded additional time and recommended continuance to the meeting of April 10, 1986. Councilman Snyder moved to continue this matter to the meeting of April 10, 1986, to allow staff further time to review and report. Motion was seconded by Benson and carried by unanimous vote. XII. OLD BUSINESS A. REQUEST FOR APPROVAL OF CITY'S APPLICATION FOR TRAFFIC SAFETY FUNDING GRANT. Mr. Folkers reviewed the staff report, noting that every year the Office of Traffic Safety solicits submission of grants by various cities. This year the County Traffic Engineer's Office and the Sheriffs Department had been working with staff on a program that will enhance the City's traffic safety approach. He said the grant staff was asking approval to go with at this point in time would be for approximately $85,000, with the City matching that amount. He said this grant would cover several basic areas: 1) approval for a staff position of Traffic Engineer; 2) enhancement of the inventory program using the IBM computer. He said he felt this was an opportunity for the City to go to the next level of sophistication in trying to keep up with the traffic demands in the City currently as well as the demands in the future due to development. He offered to answer any questions. Councilman Snyder moved to, by Minute Motion, waive further reading and adopt Resolution No. 86-34 approving the submission of a California Office of Traffic Safety grant for traffic engineering. Motion was seconded by Wilson and carried by unanimous vote. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 1986 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. REPORT AND RECOMMENDATION ON DROUGHT TOLERANT LANDSCAPING. Mr. Altman reviewed the staff report, noting that he, Mayor Kelly, Mr. Folkers, Ron Gregory, the City's maintenance superintendent, and Phil Joy traveled to Scottsdale, Arizona to look into drought tolerant landscaping concepts. At that time, Council directed staff to proceed and come back with a pilot project on Fred Waring between Town Center Way and Monterey Avenue. He showed the conceptual drawing to the Council and asked that Council authorize staff to call for bids and appropriate $50,000 for design and construction of the subject project from the Capital Reserves/Streets budget. He said staff felt this type of landscaping would be more economical in the long run as far as maintenance is concerned. MR. RON GREGORY, landscape architect, stated that ground cover, whether it is annual or perennial, woody or herbaceous, creates more of a need for maintenance than simple use of shrubs and trees which can be irrigated through drip irrigation or bubblers. He said the design as presented to Council showed only shrubs and trees, no ground cover. He noted that a form of Arizona cobble would be used at the ends of the median islands which was rock material embedded in mortar. He noted they had gone with drip irrigation instead of overhead spray system which is already installed so that water is applied only to the base of each plant, resulting in far less occurrence of weeds. He said the plant material selected was similar to the material seen in Scottsdale, and he was careful to avoid materials the people in Scottsdale felt caused problems in maintenance. He said a drought tolerant layout such as shown to the Council required a 50% less maintenance than an oasis -style landscape needed and would result in a cost savings to the City. He offered to answer any questions. Mayor Kelly stated that the Committee had gone over this layout with Mr. Gregory, and he felt it was important to try out these ideas. He said the Committee just wanted a chance to give this a trial run, see what it looks like, and see what it costs to maintain it. Mr. Altman stated that this would enable staff to track three different maintenance costs and to measure drought tolerant with the City's crews versus private contractors. Councilman Wilson moved to, by Minute Motion: 1) Approve the proposal and authorize the City Clerk to call for bids; 2) appropriate $50,000 for design and construction of the subject project from Capital Reserves/Streets. Motion was seconded by Benson and carried by unanimous vote. C. UPDATE ON SINGLE-FAMILY DWELLING UNITS. Mr. Conlon reviewed the staff report, noting that the City Council would be considering at its second meeting in April a revised grading ordinance which would include changes to pad heights. Councilmember Benson stated she would not be at the second meeting in April and asked that this matter be considered at the first Council meeting in May. Council concurrence. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 1986 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XIII. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION See specific items for Council discussion and action. XIV. ORAL COMMUNICATIONS - C MR. BOB BODKIN, 71-355 Oasis Trail, Palm Desert, addressed the Council relative to Hands Across America, and he said he understood the Mayor had signed a proclamation regarding this event along with the other eight Mayors in the Coachella Valley. He noted that this event was a joining of hands by approximately six million or more Americans on Sunday, May 25, 1986, and would take place between 12:00 p.m. and 2:00 p.m. California time. He said it was being organized by people who helped to sponsor the USA for Africa Relief and was based in part on the support received from that other event. He said this particular event was gaining a life of its own and had received support at the national level from organizations such as Coca Cola, Citibank, McDonald's, and a number of corporate sponsors. He said beginning April 1, McDonald's would have placemats in every restaurant encouraging people to join in Hands Across America. He said it was his understanding Citibank had contributed $4 million, with Coca Cola seeding the project in the amount of $5 million. He said the event was both a material event and also an emotional and national spiritual event. He noted that material outgrowth of the event would be to take funds and use them to develop programs for self-sufficiency in the United States, not merely to make money to hand out to poor people, and it was an opportunity for Americans at the grass roots level to assist in creating solutions to some of the major social problems. He stated that people like Bill Cosby and Kenny Rogers had lent their names to this event also, and he noted there would be a song released the following day, similar to "We Are The World". He asked for Council's support and consideration of a resolution encouraging citizens of Palm Desert to join in Hands Across America. He added that the Hands Across America line would run through the Coachella Valley, through Highway 111. Mayor Kelly stated that Council would ask the City Clerk to prepare a resolution to be presented at the next meeting. Mr. Bodkin noted that the telephone number for people to call and sign up and pledge for this event was 1-800-USA-9000. Councilman Wilson asked how the parking would be handled. Mr. Bodkin responded that this had been coordinated with the Sheriff's Department and California Highway Patrol, with cooperation from bus companies such as SunLine. XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PROCLAMATION Declaring Thursday, March 27, 1986, as National Exchange Club Day in Palm Desert. On behalf of the entire City Council, Mayor Kelly presented the proclamation to Pat O'Malley, President of the Palm Desert Exchange Club. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 1986 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. APPOINTMENT to the Parks & Recreation Commission. Mrs. Gilligan noted that the Council, at its last meeting, continued this matter to the meeting of April 10, 1986, with the understanding that interviews would be conducted prior to the March 27th meeting. She said it was her understanding from Mr. Diaz that the Parks & Recreation Commission took action directing him to send a memorandum to the Council asking that two people be considered as recommended by the Commission, and the Council did not yet have that recommendation. Mayor Kelly stated that since this matter was not listed on the Agenda, no action would be taken by the Council, and the matter would appear on the Agenda for April 10, 1986. XVL PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF DEVELOPMENT AGREEMENT RELATING TO LOWER AND MODERATE INCOME RENTAL CONTROLS ON A 77-UNIT SENIOR HOUSING PROJECT TO BE LOCATED AT THE NORTHEAST CORNER OF CATALINA WAY AND SAN PASCUAL AVENUE (Sanborn & Rylee, Applicants). Mr. Diaz reviewed the staff report, noting that the proposed agreement would require the developer to bring in and submit for approval a plan for a second senior housing facility which would be conventional senior housing and to have that plan approved and in operation. He said in case the applicant was unable to find a suitable site or could not have his plan approved, the agreement called for the applicant to provide 15 units of conventional senior housing on the present project site, conventional senior housing being rental or ownership units designed and restricted to healthy, ambulatory senior citizens who remain capable or performing most activities associated with independent daily life. He offered to answer any questions. Mayor Kelly stated that when the affordable housing is separated, one runs the risk of running into a snag, and it might be one that the developer feels is the City's responsibility. Mr. Diaz stated that the developer would still be required to provide the units on -site. Mayor Kelly said it looked like the City might end up in a catch 22 situation where the developer is required to develop 20 more units; he asked if they were to proceed with an application for those 20 units, and if for some reason the City chose not to approve the 20 units, would the agreement be binding in that the City was the cause for it not being approved. Mr. Diaz stated that the agreement was still binding, and the 15 units would have to be provided on the present project site. Councilmember Benson expressed concern that the City would have to wait two years for any affordable housing, which is needed now. Mr. Drell noted that the two years would begin with the approval of the agreement. He said the two years was put in because it generally takes that long for a developer to find the land, design the project, and get it approved and constructed. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 1986 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. BUFORD CRITES, Chairman of the Planning Commission, addressed Council and stated that the Commission reached a problem on this issue which had to do with staff and others trying to compute how to count in a lot of the various services that came in this kind of a project. He said one of the alternatives staff came forth with was what would happen if the developer were allowed to build the same number auras (15) off -site, and it was the Commission's point of view that if this were allowed, it gave the developer some added incentive to build their 77 units, and the City would like an added incentive to adopt this kind of proposal; that added incentive came out to be an extra five units. He said it was the Commission's perception that perhaps the most pressing need was for standard senior citizen housing. He said the development agreement made it very clear that the senior citizen housing that was proposed, if the 20 units are built, has to be of a comparable caliber, in a good location, and has to be done in a quality fashion or it will not be approved. If it is not approved, the worst that can happen is that the developer is left in a position of giving up 15 of its economically valuable units for low and moderate income. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered, and he declared the public hearing closed. Councilman Snyder stated he felt this was a great idea, although he questioned the ability to build the 20 additional units. He said he felt the philosophy was good, and hopefully 18 to 24 months from now the Council can all congratulate themselves on what a great idea this was. Councilman Wilson moved to waive further reading and pass Ordinance No. 4_61 to second reading. Motion was seconded by Snyder and carried by unanimous vote. B. CONSIDERATION OF AN AMENDMENT TO T!-IE PALM DESERT ZONING ORDINANCE, SECTION 25.56, GENERAL PROVISIONS, RELATING TO HOTEL DEVELOPMENT STANDARDS. Mr. Diaz reviewed the staff report, noting the four areas of concern outlined by the commercial subcommittee in its July 31, 1985, letter to Mayor Snyder as follows: 1) Requirement of a minimum room size of 375 square feet of clear interior space; 2) each new hotel would be required to include a multi -purpose three -meal restaurant either within the building itself or attached to the building, together with room service for hotel guests (modified to permit a continental breakfast to constitute the breakfast meal); 3) the hotel developments shall utilize central air conditioning systems or vertical fan coil systems or other specifically approved systems and that the window or wall installed air conditioning systems are hereby prohibited; 4) access to rooms above the ground floor would be from interior hallways only (after discussion, it was felt to limit the only entry in the hallways would prevent the building of hotels such as Rancho Las Palmas, and each project should be reviewed separately to see if indeed exterior entrances could be done). He said staff recommended that the Council affirm the recommendation of the Planning Commission and waive further reading and pass Ordinance No. 459 to second reading. He added that the hotels that had been processed recently do meet these requirements already. Councilmember Benson questioned the minimum room size and said she had brought up in the past that she felt there should be a distinction made between hotels and suite hotels because there 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 1986 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * is a big difference between just a hotel room and a suite hotel room.. She said she did not see in the staff report where this was discussed. Mr. Diaz stated that the 375 square foot figure came from the Marriott, which is not a suite hotel. He said the Council could establish a minimum for a suite, but the feeling was that a suite hotel development would be larger than 375 square feet. Councilman Wilson asked whether a suite is considered -to be more than one room, and Mr. Diaz responded that this is generally the case. Councilman Wilson stated that the wording indicates a minimum room size of 375 square feet, and if it was a two -room suite, would it be 750 square feet. Mr. Diaz responded that it would not be 750 square feet. Councilmember Benson stated she felt it should be spelled out that the minimum size for the two rooms should be a certain amount. Mayor Kelly stated that 375 square feet is the standard for a studio apartment, and he asked what 375 square feet of clear interior space meant. Mr. Diaz responded that it meant the size of the room itself, from wall to wall, including closet space. Mayor Kelly declared the public hearing men and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered, and he declared the public hearing closed. Councilman Wilson asked whether Councilmember Benson was suggesting an additional sentence on item number one to specify additional square footage for suites, and Councilmember Benson agreed. Councilman Wilson asked if there could be a specific number or if it could be generally worded in such a way that suites will be addressed and assumed to be larger. Mayor Kelly asked if the Committee had discussed the difference between regular room and suites. Mr. Diaz responded that this had not been discussed. Councilman Snyder stated he was a member of the Committee, which felt by creating the 375 square foot requirement, it would mean the City would be getting the better hotels. After additional discussion, Mr. Diaz suggested the following wording be added to Item #1: "Rooms that are classified as suites shall be larger." He added that this would be considered a minor change that would not have to go back to the Planning Commission. Councilman Wilson moved to waive further reading and pass Ordinance No. 459 to second reading, with the additional wording as suggested by Mr. Diaz. Motion was seconded by Snyder and carried by unanimous vote. 14 MINUTES - REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 1986 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. CONSIDERATION OF AN AMENDMENT TO THE ZONING ORDINANCE DEALING WITH UPGRADING OF LEGAL NONCONFORMING RESIDENTIAL USES TO ACHIEVE CONFORMING STATUS. Mr. Diaz reviewed the staff report, noting that the purpose of this ordinance was to implement the policy in the Palma Village Plan designed to encourage owners of present legal nonconforming apartment structures to improve those structures and to encourage that improvement by receiving conforming status. He said most of the apartments in that area were legal nonconforming, and if the units are destroyed, they cannot be rebuilt. He said staff was seeking an ordinance which would allow an individual who wants to aesthetically improve and bring his unit closer to code an opportunity to do so and receive conforming status so that if the building were destroyed it could be rebuilt. He stated that the citizens committee recommended this policy, and it was adopted at the Planning Commission level. He noted that as indicated in the ordinance, each case would have to be judged separately, and the procedure was established to do that. He said if the program is successful and people do come in and make the improvements to achieve the conforming status, he felt there would be substantial improvement in that area; if the policy is not successful and no one comes in, then the City is in the same position it is in now. He said staff recommended that the Council affirm the Planning Commission recommendation and waive further reading and adopt Ordinance No. 460 to second reading. He offered to answer any questions. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of this request. No testimony was offered. He invited testimony in OPPOSITION to this request. MR. KEIGER BARTON, 44-519 San Anselmo, Palm Desert, stated he had not read the ordinance, but he got the impression that some problems had arisen since the time Palm Desert became a city. He said he had purchased his property when this area was still the County, and then the City incorporated and down -zoned the property from R-3 to R-2. He said this had resulted in other property owners not being able to sell their property because they cannot get title insurance, adequate fire insurance, refinancing money, new mortgages, etc. He said the zoning for this particular area did not seem to have any rhyme or reason and that there was ten acres which the City had changed from R-1 zoning to extremely high density. He said he felt the problems in the area were caused by City action, and he suggested that the City put the zoning back where it was and get the strangle hold off of the property owners. He said as he understood the proposed ordinance, if someone does apply, the City will send some architectural committee out to inspect the property and then the property owner has to conform with whatever that committee says. He expressed concern with this procedure and asked that the City put the zoning back to where it was, with no strings attached. He said this was like the old saying, "If things get much worse, we're going to have to ask the City to stop helping us." With no further testimony offered, Mayor Kelly declared the public hearing closed. Councilman Snyder stated he could well recognize Mr. Barton's frustrations and said this had been a very problem area in the City. He said as the Palma Village Plan was being created, the City asked all interested persons to come to the Town Hall meetings and express their philosophies and ideas. He said there was a problem in this area of deterioration and properties that cannot be sold, and the Palma Village Plan was an attempt to solve those problems and help property owners. 15 11/HNUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 1986 * * * * * * * * * * * * * * * * * * * * * * * * * * *•* * * * * Councilman Wilson stated that he felt this was a first step in the right direction. Councilman Wilson moved to waive further reading and pass Ordinance No. 460 to second reading. Motion was seconded by Snyder and carried by unanimous vote. XVH. REPORTS AND REMARKS A. CITY MANAGER 1. Mr. Altman stated that staff had received an early morning work request from General Telephone. He said they were scheduled to pour concrete on March 31, 1986, for a new roof on a structure, and it would take approximately three to four hours. He said the request was that they be permitted to begin work at 5:30 a.m. on that date in order to allow the concrete time to set. He said staff recommended that the Council authorize the early start for that date. He offered to answer any questions. Councilman Wilson moved to, by Minute Motion, authorize General Telephone to begin work at 5:30 a.m. on March 31, 1986. Motion was seconded by Snyder and carried by unanimous vote. 2. Mr. Altman stated that Mayor Kelly had asked that him to attend a meeting on the feasibility of public access television with Coachella Valley TV. He said there was a meeting attended by all the cities in the service area, and there would be another meeting in a few weeks. He said the basic concept was to try and get together between the College of the Desert and the cities that are serviced by Coachella Valley Television and create public access television, with the College being the coordinating agency. He distributed to the Council an outline of what happened at the meeting for their information. 3. Mr. Altman stated that the City had received monies for the Senior Center from Indian Wells. Mr. Ortega stated that the City of Indian Wells gave the Senior Center $10,686. He said the Center attempted to administer the funds themselves and ran into some problems; therefore, the County had requested that that money be handled through the City of Palm Desert and sent an agreement for the Council's approval and signature. He said this was a standard agreement to be signed by the City any time the City is ready to undertake a housing and community development project. He said it did not commit the City to any monies and merely stated what the money would be used for. That use would be construction of interior cabinets in the Center and construction of a storage facility for the bowling green equipment. He asked that the Council act on this matter at this meeting and authorize the Mayor to sign the agreement so that the monies can be released to the City of Palm Desert. Councilman Wilson moved to, by Minute Motion, authorize the Mayor to enter supplemental agreement for $10,686.00 to be used toward construction at the Cove Communities Senior Center. Motion was seconded by Snyder and carried by unanimous vote. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 1986 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 4. Mr. Altman stated that Mr. Diaz wished to review with Council the status of the Dawn Goldie project. Mr. Diaz stated that this project was 32 acres at Fred Waring and Highway 111, and it was called up for review by Council after Planning Commission denial. He said basic concerns raised by the Planning Commission were the issues of 1) the Hoames Pool property; and 2) excessive amount of retail/commercial in relationship to the PC4 intent that it be resort hotel. He said the resort commercial concept first began in 1974/75 and was reaffirmed in 1981 when the General Plan was updated. This concept was that parcels in the City, mainly at the easterly and westerly boundaries, be held for resort commercial uses, principally to attract hotels. He said the applicant did a redesign, and a meeting had been held with the subcommittee of two Councilmembers, two Planning Commissioners, and staff. Comments of the subcommittee were taken to the Planning Commission at a study session. What was now being proposed was a three-story hotel facility in the rear with casitas adjacent to the Channel operating as part of the hotel, with the retail commercial reduced to 131,000 square feet of shops and three restaurants of approximately 19,000 square feet. He said one of the concerns brought up was the fact that the shops will be on the main boulevard, realizing that we want a dramatic entrance but that the shop area should not be divided and it might be better to develop it in a manner similar to ports of call/village type of development where once the person exited their automobile and went into the shopping area, they could go all around the shopping area. The Planning Commission concurred that it should be done in that manner. He said the Planning Commission, by Minute Motion, recommended to the Redevelopment Agency that it consider becoming involved, if necessary, with the acquisition of the Hoames Pool property to tie it into the entire project. Mr. Diaz stated that another concern raised was the fact that as a person comes down Highway 111, they would be looking at a "sea of asphalt" and that care should be taken to ensure that the landscaping and the mounding in the front as well as the landscaping design in the area is such that motorists coming down Highway 111 have a view that takes them away from the asphalt and up toward the hotel. With regard to the hotel itself, the height was three stories, but the design should take care that it be done in a manner that would blend in or mesh with the mountains and not detract from them. Councilman Wilson suggested that this might be something the Council should refer to the Economic Development Advisory Convnittee formed earlier in this meeting to look at prior to the start of the hearing process. Councilmember Benson agreed and said this would be a good project for the Committee to start with. She stated she had looked at some of the areas Mr. Diaz suggested the Council go see, such as Solvang, Santa Barbara, Monterey, and Carmel. She said she looked through her hotel book at properties of the quality that the City would want, and it seemed there were no communities like Palm Desert with its open space; other areas have already built on all their open space areas. She said she had called Mr. Diaz and asked if he didn't think it was a better idea to hire an architect to look into what the Council would like there, design a project, let the Council pick it apart, and then finish 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 1986 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * a project and say this is our idea of these corners and this is what we would like to see in this area rather than just going and inspecting properties that might not blend in here. She added that she felt it would be a waste of City money to go out and look at hotel properties because there are not any she could find in those areas that would really be desert environment. Councilman Wilson stated that his problem was that he wanted something unique and different for Palm Desert, but he said he could not conceptualize or verbalize what he would like to see. He said that was why he thought, since many of the Councilmembers travel a lot, if they could have a list of places to look at while passing through, such as Santa Barbara. This might help him to determine what he would like to see in the City. Mr. Altman stated that he was the one who came up with the idea of looking at other places. He said he was not thinking as much about the hotels as he was about what related uses are around them. Councilman Snyder suggested that we continue on the program and ask staff to come up with a conceptual approach and ask the subcommittee to also look at it and come back with answers. Council concurred. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. Councilmember Benson stated that in reading the Planning Commission minutes of March 18th, it indicated under "miscellaneous" that there was a discussion about the setbacks on commercial property. Mr. Diaz stated there was discussion that took place on the ordinance amendment, and it would be coming before the Council soon. He said the concern was that a group of people would be allowed to put their lots together as long as they met the setback requirement. 2. Councilmember Benson stated that in the report on hotel standards, she noted the last paragraph indicated that staff was directed to advise the consultant who is hired to do the North Sphere work of different standards for motel out there. She said she thought the City was trying to get away from telling consultants what we want in the North Sphere, and here we were telling them we could have some motels. Mr. Diaz stated that he felt if a hotel was not good enough to go down here, it is not good enough to go in the North Sphere. He said in terms of the work with the consultant, he had made it clear to them that they are very much on their own, and the City will only provide statistical data. If the plan they come up with is something that 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 1986 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * staff cannot recommend to the Council, the Council will have two plans before it. He said staff would not tell the consultants what to do. Mr. Altman added that whoever the consultant is will have to have knowledge of what the current General Plan is for the City plus whatever standards there are. Mr. Diaz added that the following Friday was the deadline for having the applications in. 3. Councilmember Benson stated that she had constituents calling her about Planning Commission actions that the Council knows nothing about until later. She asked if there was a way to devise something in the sensitive areas of Highway 111, that the Council would review these areas prior to the Planning Commission taking action. She noted that when she was on the City Council in the past, big projects did come to the Council, and somewhere this got changed so that the Planning Commission is the final authority unless the Council calls the matter up. She said Planning Commissioners were not responsible to the constituents, but the Councilmembers are responsible. She said she felt the Council should have a look at those sensitive areas. Mr. Diaz stated that the Planning Commission had always been receptive to citizen comments and input. Councilman Wilson stated that perhaps projects that are sensitive could have an automatic review by the Council. He said usually buildings that are sensitive are major ones, and he said he had received comments about the two-story bank building being constructed at Highway 111 and Monterey Avenue. He said he needed to be able to defend a project and say that the Council looked at it, saw the relationship to the surrounding buildings, and felt it was the best structure for the location. He said he felt anything over one story in the commercial area should be looked at by the Council. 4. Councilmember Benson stated that she was reading in Councilman Wilson's memorandum on some of the things he got out of Washington. She said she felt the Council should set up some kind of community recognition day for the various committee/commission members and do something for them. Councilman Wilson stated that he would also like to see the Council sit down around the table with the Design Review Board, the Parks & Recreation Commission, etc. and discuss how we can help one another. He said this would be in addition to recognizing them, and he felt the Council should let them know that their efforts are appreciated and the Council does want to know what their concerns are. He said he got out of the conference in Washington that a lot of these boards are sort of put out there and left and forgotten, and they really don't feel appreciated and lose their direction. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 1986 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilmember Benson stated that she felt the Council should really be more involved with the appointed committee/commission members and other elected officials who have influence within Palm Desert. Council concurred. 5. Councilman Snyder stated that he had attended a meeting the previous evening where the Housing Authority of the County of Riverside made a presentation for the homeless. He said the Housing Authority was proposing to purchase an apartment hotel located at 2951 DeAnza Road in Palm Springs and wanted to rehabilitate it for an emergency shelter facility for homeless families. He said they intended to use a combination of Housing Authority and CDBG monies. He said in conjunction with this, Catholic Charities had submitted an application to the State of California for $132,464, this money would be added to the Housing Authority and CDBG monies to purchase the apartment hotel. He said then would come the problem of maintaining this place, which would run approximately $50,000 per year. The Housing Authority was asking the cities in the Valley to help pay this $50,000 under the same type of funding formula as used for CVAG. He said Palm Desert's share would be approximately $6,207 per year, and this amount would increase approximately 5% each year due to inflation. He said the CVAG Housing Committee listened to these people and recommended to the Executive Committee that the cities be asked to participate. He said the TAC Committee also met and recommended not joining because it would be committing to a minimum four-year agreement to pay these monies. He said the question was whether the City has the right to spend tax monies in this manner. He asked for the City Attorney's opinion. Mr. Doug Philips, Deputy City Attorney, stated legality was a question because the location of the site is outside of the City limits. He said the question was whether or not it was a use of public funds in the form of a gift, which is unconstitutional. Councilman Snyder stated that a motion was passed at CVAG to bring this matter to the City Council. He asked the City Manager to fill the Council in on the TAC Committee meeting. Councilman Wilson asked if the CVAG Executive Board had recommended to the cities that they approve this. Councilman Snyder responded that a motion was passed stating that the CVAG Executive Committee would not recommend approval until each of the cities review the matter and decide whether or not to participate, Mr. Altman stated that with regard to the TAC Committee's feeling, what was being asked for was what is called a welfare program, and it is a provision provided for by the Federal government, the State government, and the County, where they get monies from those agencies to provide welfare, which is evgrything from aid to dependent 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 1986 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * children to Medicare/Medicaid and public defender services, etc. He said a big part of the County's budget goes toward that purpose, and the City has no funding for welfare. He said another concern was that there were estimated to be approximately 1,000 homeless families here right now, and the proposed facility will take care of several hundred people, which is just the tip of the iceberg. He said the $50,000 represents a small portion of $1 million for starters. He said he did not feel it was fair to Palm Desert citizens to allow the monies to go for people who do not even live in the City. He said all of the city managers agreed with recommending strongly that the cities not get involved in this. He noted that the same group had originally come to the Council at a meeting approximately a year ago and then went to CVAG. Then when the all -day budget retreat was held to set goals for the next year, that issue was taken out of the work program. The County then came back and suggested using Redevelopment housing monies and then at the TAC meeting brought a Federal government publication that they use as their legal basis that housing monies can be spent there. Councilman Snyder moved to, by Minute Motion, turn this data over to the staff for their research and, if necessary, have two people from the County come talk to staff and/or Council for a decision prior to the next CVAG meeting. Councilman Wilson asked if referring this to staff meant having a legal interpretation of whether or not this is the City's prerogative to move into this area, and Councilman Snyder agreed. Councilmember Benson seconded the motion, and it carried by unanimous vote. 6. Councilman Snyder stated that another matter discussed at the CVAG meeting was the insurance program which was moving along beautifully. He noted that the City of Barstow had been added into the plan. He said everyone was very enthusiastic about the monies that were being generated, and the program was up to $5 million now. He noted that some had been turned down, including Elsinore and Clear Lake. He said it was originally planned to keep this within the Coachella Valley; however, by adding a few more, it decreases the liability and increases the funding available. Mr. Ortega stated that the key was to get the minimum number of cities to make the liability program feasible. Once those are obtained, the program will be very choosy about who to let in. 7. Mayor Kelly stated that the ridership on the Trolley was not very good at this point, and there was a chance it would not be funded next year by SunLine. He said staff had been investigating a private supplier of trolley -type transportation, and there was a private company in Scottsdale that was very much interested in this program. He said he would take a trip to Scottsdale the following week with representatives from SunLine to discuss the possibility of having a private company in the Cove Communities. Councilman Wilson asked if this private company would need any subsidies or if it would do the program as a private enterprise venture. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 1986 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Kelly stated he did not know but thought the company did it without subsidy in Scottsdale. He said this would be discussed 8. Councilmember Benson asked what was happening with Mr. Fox. Mr. Diaz responded that Mr. Fox received approval of his preliminary landscape plan. He said the newspaper erroneously reported that Mr. Fox had 58 lots, while he actually had 29 lots. He said what was approved was the landscaping and the fact that those roads will be private. XVIII. ADJOURNMENT Upon motion by Wilson, second by Snyder, and unanimous vote of the City Council, Mayor Kelly adjourned the meeting at 9:20 p.m. ATTEST: SHEILA R. CILLIGAN, CITY CLERK CITY OF PALM DESERT,-"CALIFORNIA RI ARD S. KELLY, MA ' OR 22