HomeMy WebLinkAbout1988-07-14MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JULY 14, 1988
CIVIC CENTER COUNCIL CHAMBER
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I. CALL TO ORDER
Mayor Benson convened the meeting at 4:00 p.m.
II. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore S. Roy Wilson
III. INVOCATION - Mayor Jean M. Benson
IV. ROLL CALL
Present:
Councilman Buford A. Crites
Councilman Richard S. Kelly
Councilman Walter H. Snyder
Mayor Pro-Tempore S. Roy Wilson
Mayor Jean M. Benson
Also Present:
Bruce A. Altman, City Manager
Carlos L. Ortega, ACM/Director of Redevelopment Agency
David J. Erwin, City Attorney
Sheila R. Gilligan, City Clerk/Public Information Officer
Richard J. Folkers, ACM/Director of Public Works
Ramon A. Diaz, ACM/Director of Community Development/Planning
Frank Allen, Code Compliance Director
Patrick Conlon, Director of Building & Safety
Paul S. Gibson, Finance Director
V. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of June 23,
the Special Meeting of June 22, and the Adjourned Meeting
of June 23, 1988.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. WR0604, WR0607, WR0610, AND WR0613.
Rec: Approve as presented.
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JULY 14, 1988
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by The Upper
Crust Cooking Company. 73-580 El Paseo, #B, Palm Desert.
Rec: Receive and file.
D. APPLIC.ATION FOR ALCOHOLIC BEVERAGE LICENSE by Charles and
Richard Kirkpatrick for Hot Pockets Family Billiards. 72-
175 Painter's Path, Palm Desert.
Rec: Refer to Department of Community Development for
processing.
E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Cost
Plus,Inc., 44-411 Town Center Way, Palm Desert.
Rec: Refer to Department of Community Development for
processing.
F. CLAIM AGAINST THE CITY by Arden 8 Arden on Behalf of
Alanna Schiller in an Unspecified Amount (Claim No. 080).
Rec:
Deny the Claim because it is not within the
jurisdictional limits of the City of Palm Desert
and Instruct the City Clerk to so advise the
Claimant.
G. REQUEST FOR APPROVAL to Release Subdivision Improvement
Bonds for Tracts 14032 and 14032-3 (McLain Development
Company, Applicant).
Rec:
By Minute Motion, accept the subdivision
improvements as complete and authorize the City
Clerk to release the Faithful Performance and
Labor and Materials Bonds.
H. REQUEST FOR RELEASE of Subdivision Improvement Security
for Tract Map 21791 (Germain Development Company.
Appl ic,arr).
Rec:
By Minute Motion. accent the subdivision
improvements as compietP and authorize the City
Clerk to release the subdivision improvement
securities and accept a ten percent maintenance
security for a one-year maintenance period.
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REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 1988
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REOI!EST FOR APPROVAL of Final Parcel Man 2 18l- c barter
Communities, Applicant).
Rrr. Waive Fe.rtner reading and adopt Resolution Nn.
8R-75 ap‘,rnv i r,1 Parcel Map 219g5
J . REQUEST FOR_ APPROVAL of ; na I Map For Tract 22 3 ti ; 'Nelson
Development. Applicant).
Rec.
Waive further reading and adopt Resolution No.
88-76 annroving Tract 22393 and the bonds and
agreements relating thereto.
K. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids
for the Construction of a Portion of Joshua Road Storm
Drain, Phase III, from the Palm Valley Storm Channel to
the South Side of Highway 111 (Contract No. 00-294).
Rec.
By Minute Motion. authorize the City Clerk to
advertise and call for bids for the construction
of that portion of Joshua Road Storm Drain,
Phase III. from the Palm Valley Storm Channel to
the south side of Highway Ill.
L. REQUEST_FOR AUTHORIZATION to Advertise and Call for Bids
for the Construction of the North Side Area Drainage.
Phase II, Hovley Lane and Saaewood Drive Storm Drain
(Contract No. 00-295).
Rec:
By Minute Motion. authorize the City C l erk to
advertise and call for bids for the construction
of the North Side Area Drainage. Phase
Hovley Lade and Saaewood Drive Storm Dr.3in.
REQUEST FOR AUTHORIZATION to Advertise and Ca i 1 for Bids
to Install Trarffir Signals at the Intersections of Portola
Avenue at Rut1edae Way and Portola Avenue at Magnesia
Falls Drive (Contract No. 00-296).
Per:
By Minute Motion, authorize the City ;_.erk to
advertise and call for bids for the installation
of traffic signals at the subject location.
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N. REQUEST FOR AUTHORIZATION to Advertise and Cal 1 for Bids
for the installation of Carpet at the Palm Desert Library
(Contract No. 00-269).
Rec: By Minute Motion:
2)
Authorize the City Clerk to advertise and
call for bids for the installation of
carpet at the Palm Desert Library: and
Appropriate $12,000 from the unallocated
General Fund balance for the subject
Project.
0. REQUEST FOR AUTHORIZATION to Negotiate with a Responsible
Contractor for Median Landscape Maintenance (Contract No.
00-291).
Rec:
By Minute Motion, authorize Public Works staff
to negotiate with a responsible contractor for
the maintenance of the Highway 111 medians as
we l l as the Fred Waring Drive and Monterey
Avenue medians.
P. REQUEST FOR AWARD OF CONTRACT for 1987-88 Pavement
Maintenance Program (Contract No. 00-286).
Rec: By Minute Motion:
2)
Award the contract for the 1987-88 Pavement
Maintenance Program to Griffith Company in
the amount of $203.500: and
Authorize a ten percent contingency in the
amount of $20,350.
O. REQUEST FOR APPROPRIATION for Fiscal Year 1987-88 Budget.
Re-.
By Minute Motion, appropriate $3.000 from the
General Fund to Account No. 110-4110-ji25. Local
Meetings.
R. REOUEST FOR APPROVAL of implementation of Voluntary Water
Conservation Program.
Rec: Waive further reading and adopt Resolution No.
88- 77_ i mpl ement i ng a vo 1 untary water
conservation program to reduce water
consumption.
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S. REQUEST FOR AUTHORIZATION to Advertise and Ca11 for Bids
for Construction of the Addition to the Joslyn Cove
Communities Senior Center (Contract No. 00-298).
Rec:
By Minute Motion, authorize the City Clerk to
advertise and call for bids for the construction
of the addition to the Joslyn Cove Communities
Senior Center.
T. REQUEST FOR APPROVAL of Contract with Joe Gonzalves and
Son for Legislative Advocacy Services for Fiscal Year
1988-89 (Contract No. 00-299).
Rec:
By Minute Motion, authorize the Mayor to execute
an agreement with Joe Gonzalves and Son for
Legislative Advocacy Services for Fiscal Year
1988-89.
U. LETTER FROM L. THORAL LAKE Regarding the Purchase of an
Historical Building known as Desert Plaza Located at the
Southeast Corner of Highway 111 and El Paseo.
Rec: Refer to staff for report and recommendation.
V. REQUEST FOR APPROVAL of Agreement with the County of
Riverside for the City's Use of Community Development
Block Grant (CDBG) Funds for 1988-89 Fiscal Year (Contract
No. 00-300).
Rec:
By Minute Motion, authorize the Mayor to execute
the agreement with the County of Riverside for
the City's use of CDBG funds for 1988-89 fiscal
year.
W. JOINT SERVICES AGREEMENT between the Family YMCA/Youth
Center and the Coachella Valley Recreation and Park
District.
Rec: Receive and file.
X. CONSIDERATION of the Widening of Monterey Avenue and
Hovley Lane.
Rec:
Waive further reading and adopt Resolution No.
88-78, authorizing staff to proceed with said
widening.
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Y. INFORMATIONAL ITEMS.
A. Status Report on Caltrans-related projects.
Councilman Crites asked that Item M be removed for separate
discussion under the Consent Items Held Over portion of the
Agenda. Mayor Pro-Tem removed Items F, P, Q, R, and U. Mayor
Benson removed Item T.
Upon motion by Wilson, second by Crites, and unanimous vote of
the City Council, the remainder of the Consent Calendar was approved as
presented.
VI. ORAL COMMUNICATIONS - A
MR. KEN STINDELL, 72-847 Skyward Way, submitted a letter to the
Council appealing a Public Works staff decision the require him
to lower the pad elevation below the top of the curb at the
lowest property corner for 72-706 Pitahaya Street. He asked
that his appeal be heard at the next Council meeting.
Mayor Pro-Tem Wilson asked staff to prepare a report for the
next meeting. Council concurred.
VII. RESOLUTIONS
A. RESOLUTION NO. 88-79 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, REQUESTING THE LOCAL
AGENCY FORMATION COMMISSION TO TAKE PROCEEDINGS FOR THE
CHANGE OF ORGANIZATION KNOWN AS PALM DESERT ANNEXATION NO.
25.
Mr. Altman noted that there was a staff report in the
packets and recommended adoption of this resolution.
Mayor Pro-Tem Wilson moved to waive further reading and adopt
Resolution No. 88-79. Motion was seconded by Snyder and carried by
unanimous vote of the Council.
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VIII. ORDINANCES
For Introduction:
A. ORDINANCE NO. 546 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION
10.36.010 OF THE MUNICIPAL CODE RELATIVE TO ESTABLISHING
NEW SPEED ZONES (San Luis Rey between Ironwood Street and
El Paseo, and Fairway Drive between Portola Avenue and
Cook Street).
Mr. Folkers reviewed the staff report, noting that staff
and the Technical Traffic Committee had driven these
streets and subsequently made the recommendation noted in
the report.
Mayor Pro-Tem Wilson moved to waive further reading and pass
Ordinance No. 546 to second reading. Motion was seconded by Kelly and
carried by unanimous vote of the Council.
For Adoption:
A. ORDINANCE NO. 543 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN
AMENDMENT TO THE ZONING ORDINANCE TEXT RELATING TO THE
CONTROL OF EXTERIOR COLOR CHANGES IN THE HILLSIDE PLANNED
RESIDENTIAL ZONE (CASE N0. ZOA 88-2).
Mr. Altman reported that no changes had been made since
introduction of this ordinance. He recommended its
adoption.
Councilman Kelly moved to waive further reading and adopt
Ordinance No. 543. Motion was seconded by Benson and carried by
unanimous vote of the Council.
NOTE: COUNCILMAN KELLY LEFT THE MEETING AT THIS TIME.
B. ORDINANCE N0. 544 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS
5.84.090 AND 5.84.110 ADDING SECTIONS 5.84.120 AND
5.84.130 REGULATING DISTRIBUTION OF LITERATURE, PEDDLING,
AND SOLICITATION.
Mr. Altman stated that no changes had been made since
introduction of this ordinance, and he recommended its
adoption.
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Councilman Snyder moved to waive further reading and adopt
Ordinance No. 544. Motion was seconded by Crites and carried by a 4-0-1
vote, with Councilman Kelly ABSENT.
C. ORDINANCE NO. 545 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, DETERMINING THAT THE
CONDITIONS AND INTENT OF THE DEVELOPMENT AGREEMENT (DA-2)
SPECIFYING TERMS AND CONDITIONS FOR MARKETING AND SALES OF
RESIDENTIAL CONDOMINIUMS IN MOUNTAIN VIEW FALLS HAVE BEEN
MET AND TERMINATING SAID AGREEMENT (CASE NO. DA-2).
Mr. Altman stated that no changes had been made since
introduction of this ordinance, and he recommended its
adoption.
Mayor Pro-Tem Wilson moved to waive further reading and adopt
Ordinance No. 545. Motion was seconded by Crites and carried by a 4-0-1
vote, with Councilman Kelly ABSENT.
IX. CONSENT ITEMS HELD OVER
F. CLAIM AGAINST THE CITY by Arden & Arden on Behalf of
Alanna Schiller in an Unspecified Amount (Claim No. 080).
Rec:
Deny the Claim because it is not within the
jurisdictional limits of the City of Palm Desert
and Instruct the City Clerk to so advise the
Claimant.
Mayor Pro-Tem Wilson expressed concern that people are
being advised that some areas are within the City of Palm
Desert when in fact they are not. He asked if there was a
way to get an injunction against the use of the City of
Palm Desert's name when an area is actually in the County.
Mr. Erwin responded that it would depend upon whether or
not the Post Office in Palm Desert serves these areas. If
they have a Palm Desert mailing address, the City would
probably be unsuccessful in getting an injunction.
However, he said he would do some research to see if there
was something that could be done. He added that it would
probably involve dealing with the Post Office in some way.
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Mayor Pro-Tem Wilson moved to. by Minute Motion, deny the claim
because it is not within the jurisdictional limits of the City of Palm
Desert and instruct the City Clerk to so advise the claimant. Motion was
seconded by Snyder and carried by a 4-0-1 vote, with Councilman Kelly
ABSENT.
NOTE: COUNCILMAN KELLY RETURNED TO THE MEETING.
M. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids
to Install Traffic Signals at the Intersections of Portola
Avenue at Rutledge Way and Portola Avenue at Magnesia
Falls Drive (Contract No. 00-296).
Rec:
By Minute Motion, authorize the City Clerk to
advertise and call for bids for the installation
of traffic signals at the subject location.
Councilman Crites expressed concern with putting in two
traffic signals with such short distance between them and
said he felt this was not adequate planning. He asked if
the signal at Rutledge was mainly for the schools, and Mr.
Folkers responded that it was. He said if that were the
reason, and not vehicle traffic on Rutledge, he felt it
would be better to have a red/green light with a crosswalk
installed instead that would be activated by students and
other pedestrians.
Mr. Folkers responded that an option was presented to the
parents to have a pedestrian signal approximately 300 feet
north of the intersection of Rutledge and Portola, and it
would not have any automobile conflicts at all. However,
the problem as presented by the parents was the fact that
the children would still have to go through that
intersection by crossing both the side street and the
major street, and the parents did not feel the pedestrian
signal would be as satisfactory from a safety point. He
said staff's feeling was that moving the signal to the
intersection with the adult crossing guard would also work
with the automobile traffic and would be the better way to
go.
Councilman Crites stated he did not feel enough traffic
was generated at both of the intersections .to warrant two
signals.
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Mayor Pro-Tem Wilson stated that another problem related
to this intersection was the petition received indicating
too much traffic on San Pascual. He said what was
happening was that people were using San Pascual as a
shortcut to go north on Portola and avoid the signals.
Putting in another signal would be encouraging this type
of shortcutting. He said he would rather see staff look
at option such as allowing only right hand turns from
either direction of Rutledge onto Portola Avenue. This
would force people at the school to go down to Magnesia
Falls and use the signalized intersection in order to go
south on Portola. He suggested that perhaps pedestrian
traffic could be encouraged to also go down to the
signalized intersection, or maybe Portola could be signed
stating that it could not be crossed at Rutledge.
Mr. Altman stated he would not recommend putting in a
pedestrian signal because of experience he had with such a
signal in the City of Claremont. He said there were many
accidents because people were not accustomed to seeing the
signal and, therefore, did not stop when it was activated.
He suggested the matter be continued to the next meeting.
Mayor Pro-Tem Wilson moved to continue this item to the next
meeting and ask staff to study options and alternatives and bring a
report back to the Council. Motion was seconded by Benson and carried
by unanimous vote of the Council.
P. REQUEST FOR AWARD OF CONTRACT for 1987-88 Pavement
Maintenance Program (Contract No. 00-286).
Rec: By Minute Motion:
1) Award the contract for the 1987-88 Pavement
Maintenance Program to Griffith Company in
the amount of $203,500; and
2) Authorize a ten percent contingency in the
amount of $20,350.
Mayor Pro-Tem Wilson stated that the staff report
indicated one of the reasons the repairs to the streets
were needed was due to settlement caused by past utility
cuts. He asked if some type of process could be set up
where the utilities would pay a fee to the City when they
cut into the pavement; this fee would go into a fund to be
used to repair later damages.
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Mr. Folkers responded that it was a possibility and that
staff would look into it.
Mayor Pro-Tem Wilson moved to. by Minute Motion: 1) Award the
contract for the 1987-88 Pavement Maintenance Program to Griffith Company
in the amount of $203,500; 2) Authorize a ten percent contingency in the
amount of $20.350; and 3) Direct staff to look into the possibility of
the abovementioned fee for utility cuts. Motion was seconded by Benson
and carried by unanimous vote of the Council.
Q. REQUEST FOR APPROPRIATION for Fiscal Year 1987-88 Budget.
Rec:
By Minute Motion, appropriate $3,000 from the
General Fund to Account No. 110-4110-3125, Local
Meetings.
Mayor Pro-Tem Wilson expressed concern with the amount of
dinners sometimes left over after Council meetings and
suggested that a poll be conducted and food ordered only
for those who will attend.
Mayor Benson stated she had discussed this with Mrs.
Gilligan when she read the report and suggested that some
type of sign-up sheet be used and food ordered only for
those members of Council and staff who attend the meeting,
plus one or two extra. Anyone else would have to notify
the person in charge of ordering the food.
Mayor Pro-Tem Wilson moved to, by Minute Motion, appropriate
$3,000 from the General Fund to Account No. 110-4110-3125, Local
Meetings. Motion was seconded by Snyder and carried by unanimous vote of
the Council.
R. REQUEST FOR APPROVAL of Implementation of Voluntary Water
Conservation Program.
Rec:
Waive further reading and adopt Resolution No.
88-77 implementing a voluntary water
conservation program to reduce water
consumption.
Mayor Pro-Tem Wilson suggested that the Public Information
Office prepare a press release outlining the things the
public can do to conserve water.
Councilman Crites suggested that a display ad be run in
the Palm Desert Post newspaper
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MR. DAN EHRLER, Executive Director of the Palm Desert
Chamber of Commerce, stated that the Chamber would be
happy to publish this information in its newsletter.
Councilman Crites moved to waive further reading and adopt
Resolution No. 88-77, implementing a voluntary water conservation program
to reduce water consumption. Motion was seconded by Wilson and carried
by unanimous vote of the Council.
T. REQUEST FOR APPROVAL of Contract with Joe Gonzalves and
Son for Legislative Advocacy Services for Fiscal Year
1988-89 (Contract No. 00-299).
Rec:
8y Minute Motion, authorize the Mayor to execute
an agreement with Joe Gonzalves and Son for
Legislative Advocacy Services for Fiscal Year
1988-89.
Mayor Benson stated that she understood when the
legislative advocacy program was approved, it was on an
as -needed basis. Mr. Altman responded that it was
approved for a one-year period.
Mayor Benson moved to, by Minute Motion, authorize the Mayor to
execute an agreement with Joe Gonzalves and Son for Legislative Advocacy
Services for fiscal year 1988-89. Motion was seconded by Snyder and
carried by unanimous vote of the Council.
U. LETTER FROM L. THORAL LAKE Regarding the Purchase of an
Historical Building known as Desert Plaza Located at the
Southeast Corner of Highway 111 and El Paseo.
Rec: Refer to staff for report and recommendation.
Mayor Pro-Tem Wilson stated he felt it would be a good
idea for the City to purchase this historical building and
that it should not be iost. He said he could see it some
day becoming a really attractive museum/park complex that
would capture the spirit of the southwest and desert
community. He said he would like to see the City explore
the purchase of the building and perhaps lease it out at
first and eventually convert it to a museum.
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Mayor Benson stated that several developers had come into
the City and indicated a wish to develop that corner and
had been hit with the fact that the City would be very
careful about what would be allowed to go in there since
it is historical. She suggested staff explore the
possibility of the City doing something with that corner.
Mr. Diaz stated that a prospective developer had been to
his department and indicated the site had been acquired
and that he had been in contact with the H i stor i ca l
Society to preserve it.
Mayor Benson responded that the developer had met with
only two of the Historical Society members to see whether
there would be a fight if they pursued what they had
planned to develop. She added that she did not know if
that developer had actually acquired the site or had an
option.
Councilman Kelly stated that he felt very strongly about
preserving that particular building and doing it in a fair
way to whoever has an investment in it.
Councilan Crites moved to direct staff to look into this matter
and report back to the Council. Motion was seconded by Wilson and
carried by unanimous vote of the Council.
X. NEW BUSINESS
A. CONSIDERATION OF A REQUEST BY PALM DESERT DISPOSAL COMPANY
FOR AN INCREASE IN REFUSE COLLECTION RATES FOR FY 1988-89.
Mr. Ortega reviewed the staff report, noting that staff
was recommending a net increase of 5. 77.. He said he was
continuing to work on the waste dump fee, and although it
was still relatively low compared with other parts of the
State, he was concerned because the increase for that
particular line item was 41%.
Mayor Pro-Tem Wilson asked when the franchise was due to
expire, and Mr. Ortega responded 1991. Wilson said he
would like to see staff explore the possibility of
shopping around now for a vendor and coming up with an
agreement that would limit these annual increases.
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Mr. Ortega responded that staff was beginning to look at a
new contract and had indicated that to the disposal
company. He said the agreement does provide for
adjustments for the cost of increased business, and
although the total operating costs for Palm Desert
Disposal had risen by 15.9%, staff was only recommending a
5.7% increase.
Upon question by Mayor Pro-Tem Wilson, Mr. Ortega
responded that Palm Desert Disposal does not let the City
know its total profit. He said he felt profit might not
be a good measure and does not really control costs.
Councilman Kelly moved to waive further reading and adopt
Resolution No. 88-80, approving new refuse rates for the City effective
July 1, 1988. Motion was seconded by Snyder and carried by unanimous
vote of the Council.
B. CONSIDERATION OF THE CALLING OF A SPECIAL ELECTION FOR THE
PURPOSE OF SUBMITTING QUESTIONS TO THE VOTERS RELATING TO
RAISING THE TRANSIENT OCCUPANCY TAX AND THE APPROPRIATIONS
LIMITS.
Mr. Altman reviewed the staff report, noting that if
Council wished to have this issue on the November ballot,
staff would recommend that the two resolutions be adopted
and that the ordinance be introduced, with second reading
of the ordinance at the August meeting.
Councilman Crites stated that he had asked Mr. Dan Ehrler
of the Chamber of Commerce to solicit comments from the
business community relative to the transient occupancy tax
(TOT), and that had not yet occurred. He asked what would
happen if the Council passed the ordinance to second
reading and then decided prior to the August meeting that
it wished not to have the matter on the ballot.
Mr. Altman responded that after speaking with the City
Attorney, it was staff's recommendation that the Council
adopt the resolutions and pass the ordinance to second
reading at this meeting; the Council could then rescind
the resolutions if it chose not to put the issue on the
ballot. He said if the Council waited until the August
meeting to take any action, there would not be enough time
to get the resolutions to the County Board of Supervisors.
He said it would be easier to withdraw it if the Counc i t
changed its mind.
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Discussion ensued relative to increasing the TOT to 8% as
opposed to 9% and/or waiting until April to submit the
issue to the voters.
Councilman Crites suggested leaving the increase from 6%,
to 9% and if after
MRS. VONNA WESTFALL, Sun & Shadows Resort, stated she had
been in touch with some of the smaller hotels in her area,
and although some of the owners were out of the country,
those she spoke with expressed concern with increasing it
by 3%.
Councilman Crites suggested that he, Councilman Snyder,
and staff meet with the hotel representatives to discuss
the issue and the reasons for the increase. Councilman
Snyder agreed.
Councilman Kelly moved to waive further reading and pass Ordinance
No. 547 to second reading, amending Chapter 3.28, increasing the
Transient Occupancy Tax in Said City from 6% to 9% and to waive further
rading and pass Ordinance No. 550 to second reading, amending Chapter
3.28, increasing the Transient Occupancy Tax in said City from 6% to 8%,
to be decided by the voters at the November 8, 1988, Special Election.
Councilman Snyder seconded the motion. Motion carried by a 4-1 vote with
Councilman Wilson voting NO.
Upon motion by Kelly, second by Snyder, Resolution Nos. 88-81 and
88-82, with Measures A and B as set forth in Ordinance Nos. 547 and 550,
were adopted by a 4-1 vote with Councilman Wilson voting NO.
C. REQUEST FOR APPROVAL OF CONTRACT NOS. 00-301 AND 00-302
FOR THE COUNCIL CHAMBER VIDEO AND AUDIO SYSTEMS.
Mr. Conlon reviewed the staff report dated June 29, 1988,
and offered to answer any questions.
Mayor Pro-Tem Wilson expressed concern with spending money
for a new video system when the existing video equipment
owned by the City is rarely used and very few video
presentations are made.
Mayor Benson asked if both the audio and video systems had
to be installed at the same time. Mr. Conlon responded
that although Council could award the contract for the
audio system at this time and wait on the video system, he
felt now was the time to do both because of modifications
to the Council Chamber.
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Councilman Snyder stated that one of the reasons the
equipment had not been used very much in the past was
because it was difficult in that if staff wanted a slide
presentation, one system was needed; if it wanted a video
presentation, another system was needed. He said this
would allow everything to be done as one system.
Mayor Pro-Tem Wilson stated he felt the system being put
in at this time would be obsolete in a few years when
something better comes in. Howver, he said he would have
no problem with approving the installation of the conduit
at this time for later use down the road if needed.
Councilman Kelly said he respected the Committee and that
although he was not as concerned with the amount of money,
he was concerned with the fact that the City had already
spent money for a system that has never been used in the
past. He asked how the Committee would feel about putting
in the conduit now, with the video equipment to be added
at a later date.
Mr. Altman stated the problem with doing what Councilmen
Kelly and Wilson suggested is that it would be done
piecemeal. He said the proposed systems would make sure
everything is compatible and interfaces the way it should.
Councilman Snyder stated that the contractor was proposing
to do everything -- install the conduit and the equipment,
and make sure the equipment works properly. He said the
Civic Center Remodel Steering Committee felt it was
important to contract with someone who would do the
complete job and make everything work.
Councilman Snyder moved to: 1) By Minute Motion, declare the
scope of work as specified in Contract Nos. 00-301 and 00-302 exempt from
the bidding requirements specified in Municipal Code Section 3.32.090; 2)
By Minute Motion, approve Contract No. 00-301 for $16,937.16, plus a
$1,693.00 contingency, with Allied Communications, Inc. for the
alterations and modifications to the Council Chamber sound system; 3) By
Minute Motion, approve Contract No. 00-302 for $24,796.39, plus
a $2,479.00 contingency, with Audio -Video Supply, Inc. for the purchase
and installation to the video presentation system located in the Council
Chamber; and 4) By Minute Motion, instruct the Director of Finance to
appropriate $45,905.55 from the Unallocated Construction Tax Fund.
Motion was seconded by Kelly and carried by a 3-2 vote, with Councilmen
Crites and Wilson voting NO.
16
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
JULY 14, 1988
* * * * * * * * * * * * * * * * * * * * * * * *
D. REQUEST FOR CONSIDERATION OF THE FORMATION OF UTILITY
UNDERGROUNDING ASSESSMENT DISTRICT NO. 88-1.
Mr. Altman commended Mr. Conlon for taking on this project
and for his efforts.
Mr. Conlon reviewed the staff report, noting that the
district would cover three phases: Phase I - Cook Street;
Phase II - Fred Waring Drive; and Phase III - Portola
Avenue adjacent to the Chazen apartment buildings. He
thanked Mr. Folkers and his staff for helping him with the
project.
Councilman Crites complimented Mr. Conlon for his well -
written report.
Councilman Crites moved to: 1) Waive further reading and adopt
Resolution No. 88-83, determining sufficiency of Petitions; 2) Waive
further reading and adopt Resolution No. 88-84, appointing a
Superintendent of Streets; 3) Waive further reading and adopt Resolution
No. 88-85, employing special legal counsel; 4) Waive further reading and
adopt Resolution No. 88-86, appointing an Engineer of Work; 5) Waive
further reading and adopt Resolution No. 88-87, ordering preparation of
Boundary Map; 6) Waive further reading and adopt Resolution No. 88-88,
designating newspaper; 7) Waive further reading and adopt Resolution No.
88-89, declaring its intention; 8) Waive further reading and adopt
Resolution No. 88-90, adopting a Boundary Map; 9) Waive further reading
and adopt Resolution No. 88-91, confirming the Engineer's report; and 10)
By Minute Motion, authorize the Mayor to sign a Letter of Guarantee to
Southern California Edison Co. and instruct the Director of Finance to
authorize the loan of not to exceed $317,618.00 from the Unobligated
General Fund Reserve. Motion was seconded by Kelly and carried by
unanimous vote of the Council.
XI. CONTINUED BUSINESS
A. REQUEST FOR CONSIDERATION OF PRELIMINARY ARCHITECTURAL
PLANS FOR PAD 9 OF THE ONE ELEVEN TOWN CENTER.
Mr. Diaz stated that the applicant had withdrawn the
present pad plans due to some proposed changes; therefore.
the approval received from the Architectural Review
Commission would be voided. He said any changes would
have to go back to the Architectural Review Commission and
back to the Council afterwards.
No action was required or taken by the City Council.
17
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 1988
• • • • • a • • • • • • • • • • • • • • a a • • •
B. REQUEST FOR CONSIDERATION OF ACTION NECESSARY TO FINALIZE
ANNEXATION NO. 22 INVOLVING THE VALLEY INDUSTRIAL PARK AND
COUNTRY CLUB ESTATES RESIDENTIAL AREA ON THE WEST SIDE OF
COOK STREET NORTH OF THE WHITEWATER CHANNEL.
Mr. Altman stated there was a memo in the packets and
recommended adoption of this resolution.
Mayor Pro-Tem Wilson moved to waive further reading and adopt
Resolution No. 88-70, annexing certain contiguous territory to said city
under the provisions of the Cortese/Knox Local Government Reorganization
Act of 1985, which proceedings are designated as Palm Desert Annexation
No. 22-LAFCo No. 88-12-4. Motion was seconded by Benson and carried by
unanimous vote of the Council.
XII. OLD BUSINESS
A. CONSIDERATION OF A REQUEST BY SAN PASCUAL RESIDENTS FOR
THE POSTING OF A 25 MILE -PER -HOUR SPEED ZONE.
Mr. Altman stated there was a memo in the packets and
recommended that the Council deny the request based on the
staff report.
Councilman Crites asked if the people in attendance at the
meeting where this petition was presented had received a
copy of the staff report. Mrs. Gilligan responded that
the City Clerk's Office had sent a copy of the staff
report to Mr. Sal Piscitelli, who had submitted the
petition to the City.
Councilman Kelly moved to, by Minute Motion, deny the request
for reasons stated in San Pascual Avenue Study. Motion was seconded by
Crites and carried by unanimous vote of the Council.
XIII.
REPORTS AND REMARKS
A. CITY MANAGER
1. CLAIM AGAINST THE CITY BY MS. GEORGIA BAKER IN AN
UNSPECIFIED AMOUNT (CLAIM NO. 079)
Mr. Altman stated an item had come up since the Agenda was
posted. He said a claim filed against the City by Ms.
Georgia Baker needed to have Council action prior to its
next meeting on August 11, 1988.
18
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 1988
a • a * a a • • a • a • a a • • * • • a * • • • •
Mayor Pro-Tem Wilson moved to consider this as an urgency
matter that came up after the Agenda was posted. Motion was seconded by
Crites and carried by unanimous vote of the Council.
Councilman Crites noted that the location of the accident
as described in the claim was not within the City of Palm
Desert.
Councilman Snyder moved to, by Minute Motion, deny the claim
because it is not within the jurisdictional limits of the City of Palm
Desert and instruct the City Clerk to so advise the claimant. Motion was
seconded by Wilson and carried by unanimous vote of the Council.
2. NATIONAL NIGHT OUT
Deputy Brent Conley, Crime Prevention Officer, reviewed
the staff report relative to the Fifth Annual "National
Night Out" scheduled for Tuesday, August 9, 1988, from
8:00 p.m. to 10:00 p.m. He said he would be working with
Mrs. Gilligan to coordinate the event, which would include
encouraging citizens of Palm Desert to turn on their front
porch lights during those two hours and to become involved
in their neighborhoods.
B. CITY ATTORNEY
Mr. Erwin noted the Closed Session scheduled for the end
of the meeting.
C. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
None
o City Council Committee Reports:
1. Councilman Kelly stated that he would be absent
from the August 11, 1988, City Council meeting.
2. Councilman Snyder reported that he had attended
a meeting with the County Supervisor and
attorneys that day and that a determination had
been made to file an appeal of the decision to
go ahead with the Colmac Plant. He said the
County was picking up the tab for filing that
appeal.
19
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
♦ ♦ ♦ ♦ ♦ • • •
i • • • •
XIV. ORAL COMMUNICATIONS - B
None
JULY 14, 1988
• • • • • • • • • • •
Mayor Pro-Tem Wilson moved to adjourn.the meeting at 6:00 p.m.
for dinner. Motion was seconded by Crites and carried by unanimous vote
of the Council.
Mayor Benson reconvened the meeting at 7:00 p.m.
XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
None
XVI. ORAL COMMUNICATIONS - C
MR. BEN PICKELL, 72-814 Tampico Drive, Palm Desert, addressed
the Council and stated he had attended the last meeting and had
spoken relative to the wall constructed by Mr. David Manookian
in his neighborhood. He submitted a petition which he said was
signed by a majority of the people in his neighborhood
(attached hereto and made a part hereof as Exhibit "A"). He
said the residents felt it would do no good for them to come
and speak to the Council and felt the developers always get
their way because they put their money in the City coffers. He
said the residents at least wanted to have a gate put in so
they would have access to Monterey Avenue and the Palm Desert
Town Center.
Mayor Benson stated that staff had been directed to look into
this matter and report back to the Council.
Mr. Diaz stated that both Rancho Grande and Sonora were
vacated; Sonora was vacated at Monterey Avenue, and Rancho
Grande from Sierra Vista through to Monterey Avenue. He said
when they were vacated, the access way was terminated. He said
staff the Palm Desert Town Center was amenable to having a gate
placed in the wall; however, both Mr. Manookian and the Board
of Realtors expressed concern with this and wanted to see the
pathway eliminated. He said the next step would be to contact
the Board of Realtors to see if its position has changed and
also to talk to the property owners adjoining the Sonora Street
vacation to see if there is a possibility that an access way
could be placed at Sonora if something cannot be done at Rancho
Grande. He added that at the present time, the City did not
have any access or right-of-way.
20
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 1988
• • • • • • • • • • • • • • • • • • • • • • • • •
Mr. Pickell stated that an access way at Sonora would not be
acceptable because it would still cause people to have to walk
an additional seven blocks instead of nine. He said the most
direct access to the Palm Desert Town Center was at Rancho
Grande.
Mayor Benson said the Council was trying to find a reasonable
solution to the problem of an access way out of the
neighborhood and although she realized Mr. Pickell felt Sonora
would not be acceptable, the Council really did not have much
choice.
Mr. Diaz stated that staff would return with a report at the
next meeting.
XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
None
XVIII. PUBLIC HEARINGS
A. CONSIDERATION OF THE FORMATION OF ASSESSMENT DISTRICT 87-
1, PALMA VILLAGE AREA.
Mayor Benson stated that this was a hearing required
pursuant to the "Special Assessment Investigation,
Limitation and Majority Protest Act of 1931" and was also
a hearing required pursuant to the "Municipal Improvement
Act of 1913." She said a declaration had been filed by
the City Clerk which states that notice of the hearing has
been given by publication, posting and mail as required by
law.
Mr. Ortega stated that this was a protest hearing and that
after the engineer's presentation, the public hearing
would be opened to allow testimony from those in favor of
or opposed to the assessment district. He said if the
protests did not exceed 50% of the area of the parcels
within the assessment district, staff would then recommend
that the Council adopt the four resolutions included in
the staff report.
MR. JOE KICAK, Engineer, described the project, noting
that it came about as a result of a petition drive by
residents adjacent to Assessment District 83-1. He said
the purpose of Assessment District 87-1 was the
construction of street improvements, curbs and gutters,
21
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 1988
• • • • • • • • • • • • • • • • • • • • • • • • •
driveway approaches, sanitary sewer system, and storm
drain. He noted the following points:
- Total project cost: $13,491,695.30, with
$4,710,878.42 being assessed against the property
owners and the rest being paid by the Redevelopment
Agency and other participating agencies.
- City Council has received copies of the assessments.
- Each person in the assessment district has received a
copy of his or her proposed assessment.
- With the exception of sanitary sewer (which was left
at the same amount), assessments for other portions
of the work are decreased due to the low bids.
- Four bids were received for the construction of this
project.
He reviewed the formula used to determine the assessments,
noting that those properties which do not have a lateral
for sewers are assessed for a lateral to be constructed
from the existing main line to their property line. He
said included in the assessment is the capital improvement
fund fee payable to the Coachella Valley Water District
($1,500); when owners are ready to connect to that sewer
line, they just advise the CVWD that they participated in
Assessment District 87-1, and there will be no additional
capital improvement fee. For commercial and multi -
residential, the $1,500 fee will be a credit applied to
the total amount charged by the CVWD for that property. A
main 8" line will also be provided where there is no main
line in front of the property, and the cost will be spread
based on the front. footage of the parcel. A standard
driveway approach will be provided at the width that
exists for each parcel. He said included in the
assessment is the cost to relocate any facilities, such as
mailboxes.
Mr. Kicak reported to the Council that protests totalled
1.29%, representing 28 parcels of the total 1,685 parcels
within the district. This did not include protests
received after 4:30 p.m.. which amounted to approximately
7-8 parcels. He said the total area of protest was 6.15
acres of a total 477.77 acres within the district.
22
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
JULY 14, 1988
• • • • • • • • • • • • • • • • • • • • • • • • •
Mr. Kicak reviewed modifications to the engineer's report
previously presented to the Council, including the
following:
- Reduction of assessments based on the submitted bids.
Certain parcels, especially those involved in the
street improvement program, will realize a reduced
assessment.
- Over the past month or so, informal public hearings
had been held in the Administrative Conference Room,
and approximately 150 people had attended and looked
at their individual assessments. Modifications had
been made to the plans and assessments per their
requests.
- Deletion of street improvements along the northerly
side of Highway 111 and easterly side of Deep Canyon
due to a pending project in that area.
At the request of Mayor Pro-Tem Wilson, Mr. Kicak
discussed how the assessments could be paid if the Council
confirmed the district. He said any portion paid off
within the 30 day period would be discounted by 11.8%
which reflects the cost of bonds as well as a reserve fund
required by law to provide for any portion delinquent at a
future date. Whatever amount is not paid off within the
30 days will be placed on the tax rolls. The property
owner will receive a twice yearly bill as usual, and the
bill will show a line item for Assessment District 87-1.
He added that the proposal was for 20-year bonds.
Mayor Benson declared the public hearing open and invited
testimony OPPOSED to the assessment district, improvement, or
method of spread.
MR. PAUL RUPP spoke for his mother whose address is 43-
625 Buena Circle and said she had been advised property
owners would not have to pay for moving things like fences
and mailboxes. He also asked why property owners were
being assessed for sewers when they had working spetic
tanks. He asked why this was not put on the ballot to get
a consensus of opinion from registered voters.
Mr. Kicak responded that Mrs. Rupp had attended one of the
meetings and expressed concern that the fence did not line
up. He suggested to her that staff would go out and stake
where the curbs and gutter would be located. He said
23
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 1988
• • • • • • • • • • • • • • • • • • • • • • • • •
nothing was changed on the plans and that the fence did
not need to be moved.
Mr. Folkers stated that as far as the tie-in for sewers,
it was not intended to require that people go onto the
sewer system. He said there were many people who had
problems with their septic systems, and this would allow
them to tie-in with the sewer system.
The following people were OPPOSED because of: Cost of
improvements, increased taxes, putting in sewers when septic
system is working, holding this public hearing in the
summertime when a lot of people are on vacation and out of
town, cost of hooking up plumbing from the street to the house,
and dust which would be caused by the construction.
MS. JOAN RICE, 74-050 Goleta, said she was against
bringing lateral sewer lines up the center of the street
and that a hump had been left the previous year at the end
of the driveway. Mr. Folkers stated staff would check
into this situation.
MR. VICTOR HARDY, 74-151 Desert Star.
MR. KIGER BARTON, 44-519 San Enselmo, expressed concern
that the parking for his tenants would be decreased. Mr.
Folkers responded that staff was working on this and had
not yet been able to find anything satisfactory to Mr.
Barton.
MR. DALE MEAD, 74-161 Desert Star.
MS. ADELE MARSALA, 44-757 San Jacinto.
MR. RON GOODMAN, 74-051 Erin.
Mayor Benson invited testimony in FAVOR of the proceedings.
The following were in favor because of: Improved property
values, upgrading of the neighborhood, better drainage of
streets and reduced property damage due to flooding.
MR. KEVIN GROCHAU, 44-762 San Jose.
MR. NORM REYNOLDS, 44-600 Monterey Avenue.
MS. TAMARA BAGGETT, 74-150 Desert Star, said she was
neither for nor against the district.
MR. STEVE HUDSON, 74-126 Velardo, asked if property owners
would have to plug their septic tanks when they hook up
with the sewer system. Mr. Folkers responded that they
would be required to do so.
24
MINUTES
REGULAR PALM DESERT CiTY COUNCIL MEETING JULY 14, 1988
• * • • * * • • • • • * • * • • • • • • • * * * •
Mr, . Ortega asked that ,any additional written protests be
turned in at this t i me and that a recess he ca; 1 er_, to
a; ow the erdineer time to tanufate ,r;a tot-RiS.
Mayor ':trnSor dec'are: .rye Nunii nearir:i r`r;sPPa ,inn ra:Ipo
rect,ss ar l:35 p.m. .and reconvene° me meeting at F1:4G n.m.
Counc i l i:.ommenr s rQues.t i nn;
Crites:_ Asked wn.9t provisions had been made to help those
people for whom this assessment district poses an economic
hardship.
Mr. Ortega responders that no provision had been made. He
suggested that if there are people who are in this type of
situation. perhaps some type of program could be
established where a lien could he placed on the property
and would be paid when the property is sold.
Mr. Folkers adaed that there were State programs available
along this line and that staff would look into those.
Wilson: In response to Mr. Rupp, stated that the City was
following strict laws applying to this type of assessment
district and that people were informed by letter that they
did not have to attend the hearing hut could send letters
to the City.
Mr. Ortega added that in addition to the formal assessment
district mailings, letters had been sent out as long as
six months .ago relative to this assessment district.
Snvder: The proceedings were started necause of petitions
submitted to the City by residents asking for the
formation of the assessment district.
Mr. K i cak stated that the 1 9 1 3 proceedings require that a
protest hearing he conducted and tabulated by area of
protest. He noted that a Protests were as follows: 41
Parcels. which represented 8.96 acres or 1.88% of the area
within the district.
Mr. Ortega stated that since the amount of protests
received did not exceed 507.. staff's recommendation would
be that the Council adopt the four resolutions listed on
the Agenda.
25
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
• a • • • • • • • a
• •
•
•
JULY 14, 1988
• • • • • • • • • • •
Mayor Pro-Tem Wilson moved to: 1) Waive further reading and
adopt the following resolutions: a) 88-92 - certifying a Negative
Declaration of Environmental Impact for Assessment District 87-1 as
meting the requirements of the California Environmental Quality Act of
1970, as amended: b) 88-72 - making findings regarding all special
assessments levied against parcels proposed to be assessed in Assessment
District No. 87-1 and amending Resolution No. 88-51; c) 88-73-
confirming a proposed assessment, ordering proposed improvements to be
made, and declaring its action upon the Engineer's Report and the
assessment in connection with Assessment District No. 87-1: and d) 88-74
- authorizing the issuance and providing for the sale of its improvement
bonds in connection with Assessment District 87-1: and 2) By Minute
Motion, award the construction contract to Massey Sand and Rock Co. in
the amount of $8,478.002.24, plus a 10% contingency of $847,800.00,
contingent upon receipt of proceeds from: a) The issuance and sale of
assessment bonds for AD 87-1; b) The issuance and sale of tax allocation
bonds by the Palm Desert Redevelopment Agency to be paid to the City for
contribution to AD 87-1; and c) Contribution to AD 87-1 by the C.V. Water
District. Motion was seconded by Kelly and carried by unanimous vote of
the Council.
Councilman Crites moved to, by Minute Motion, direct staff to
bring back a mechanism to accomplish the purpose of financial aid for
those people within this assessment district who are deserving and
qualified for it. Motion was seconded by Snyder and carried by unanimous
vote of the Council.
Mayor Benson called a recess at 8:35 p.m. and reconvened the meeting
at 9:00 p.m.
B. CONSIDERATION OF A REQUEST FOR APPROVAL OF A GENERAL PLAN
AMENDMENT, CHANGE OF ZONE. NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT. PRECISE PLAN OF DESIGN. AND
DEVELOPMENT AGREEMENT TO CONSTRUCT 612 APARTMENTS ON THE
SOUTH SIDE OF HOVLEY LANE, APPROXIMATELY 1.300 FT. EAST OF
,JORTOLA AVENUE. 000K HOVLEY STREET ASSOCIATES, APPLICANT,
Mayor Benson declared the Public Hearina OPEN and called
for a staff report. Mr. Diaz began this report by stating
that the issue before the Counc i 1 was not one of what
should go into the park space, how it should be planned,
or even if it should be a park. The issue was whether or
not the zoning should be changed and the development plan
approved. In his review of the staff report. Mr. Diaz
noted the Planning Commission had two major concerns: 1)
the density and crowdedness of the project; 2) question of
flexibility of the development of the proposed park land
should the project be approved. In terms or the project
26
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 1988
• • ■ • • • • • • • • • • • • • • • • • • • • • ■
itself. many hearings were held and many alternatives were
suggested. Some representatives of the Commission felt
test it was too crowned and the density was too much: some
did not. ParK & Recreation Commission ^Pit rnat if tha
swan of land for zon i ng was approved. it would DP
satisfactory to that group. The Arcnitecturai Review
commission dealt with the issue of elevations the lark of
variety of same but felt this could be worked out if the
Project was approved.
Mr. Diaz pointed out that the exchange of land for zoning
was originated by the City Council, provided the plan and
project met with its approval. The idea was brought
forward to meet a need for additional housing; the ability
of the City to acquire the whose area for park purposes.
He said that as far as the development itself, the
applicant has worked with the adjoining property owners,
Palm Desert Country Club, and they seem to be in agreement
that their concerns have been mitigated with the condition
of an eight -foot wall. He said that during the Planning
Commission hearings, the property owner to the west had
indicated opposition as had the Marriott. The Planning
Commission felt the condition for a 100 foot buffer
adequate mitigation to the Marriott's concerns.
Last, Mr. Diaz noted that one critical concern to be
addressed by Council was the feasibility of developing the
recreational area in that it was not good to receive
property so expensive that one could not develop it. He
recommended, therefore, that any approval be contingent
upon receipt of an engineer's report that the land could
be developed as a park. He pointed out that there had
heen articles in the newspaper and setters received which
indicated that the City had not provided adequate
recreational facilities or attempted to address concerns
for specialty playing fields. in response to that. he
noted that since 1980, the City Council had expended
$750,000 to create a sports complex which includes four
lighted diamonds, restrooms, and a snack bar.
Additionally, the Council had expended $150,000 to light
the playing fields at the College of the Desert which is
the only full-size playing field and one which the College
has been more than generous in allowing the community to
use. He noted that the specific plan for the Civic Center
also included four additional playing fields.
27
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 1988
Questions bv__.Council:
Benson: If park acreage reduced). what would density be?
Diaz: From 20 units to the acre to i7.4 units to the
acre. One Quail Place has 22 units per acre, and St.
Tropez nas 20 unity, per acre - both projects on more
property than this one has.
With regard to parvina areas, Mr. Diaz responded it would
be better screened from view of the street because of the
100' setback.
Crites Prefaced his remarks by stating that the issue
before the Council was one of a change of zone. a general
plan amendment, and e development agreement. It was not
an issue of ballfields. He said a vote for the project
was not a vote for children; likewise, a vote against the
project was not a vote against children.
Mayor Benson invited testimony from the applicant.
MR. JACK BUTLER, 2401 Colorado Blvd.. Santa Monica,
Ca1 ifornia, stated that he concurred with the very
detailed staff report. His firm develops large multi-
fam i l y rental pro iect s , with larger than average
apartments with lots of closet space, fireplaces,
microwave ovens, ano all the amenities that would come
w ith a new home. The project would have two 7,500
clubhouses, professional management somewnat like a hotel,
physical fitness centers, theaters. activity rooms.
laundry rooms. tennis courts. four pools. Very careful
credit checks would be none on ail tenants, and all staff
would be on their payroll. He said they prided themselves
w ith a low crime rate as a result of their security
forces. Hic, firm sponsored youth orounc ano charitanle
o rgan i zar i Cans in very community in wh i rh they were
iorated.
He said that the City could provide usanie facilities on
the 25 acres proposed to be donated even when drainage was
taken into consideration as the property wi l 1 be rough
ar adeci when the City gets i t . He said they has not vet
done studies or prepared a grading plan ana if drainage
could ne satisfied on the 50 acres. they would he happy to
channel it into an off -site fac i l i tv . He objected to
propnSed condition #25 which mandated off -site drainage
facilities, however.
28
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 1988
* * * • * • • • * * * * • • • • * * * • * • *
In conclusion, he stated that his firm would be providing
much -needed affordable Housing to the working people of
the :ommuhity. He ;,ai 7 many of the resiGents wouli3 re
rr,nse who wor keo in i_ ne hus i nesse= and note l = rear me
project.
request.
He enc .;''.3Qed COunc i l' s t avor•3b l e action on
MR. GEORGE BEPKE t'. JR. spoke on behalf of the ,applicant
and stared thar this proiect had been reduced from 22
units to the acre to 20. The pian now included a 100 ft.
setback to mitigate the concerns of the Marriott. The
proiect would provide housing for service/industrial
employees, and the timing for this type of housing was
now. He said the City would receive 55 acres -- 25 in the
north sphere and 30 on this project for its use. He said
th i s was a oua l ity project with a great deal of
landscaping and one which the City would he proud of.
Mayor Benson invited testimony in FAVOR of the proiect, and the
following individuals spOKe in support of the apartment complex
and the park land to be donated to the City:
MS. DONNA STACK, 267 Green Mountain Drive, Palm Desert.
MR. WARREN SMITH, 75-005 Country Club Drive. Palm Desert.
MR. AL DURRETT. 73-925 Highway 111. Palm Desert.
MR. JOHN BARKMAN, 72-865 Bursera, Palm Desert.
Mayor Benson invited testimony in OPPOSITION to the project,
and the fo l l ow i ng spoke against the proiect oecause of its
density, noise problems. traffic, proposed lighted fields. and
potential for crime:
F. X. MCDONALD, 1800 East Ocean Boulevard. Long Beach. Ca.
said that the land had already been given to the City in
1980 or 1981, and now George Berkey was trying to develop
it.
At Counci l'_ re,uest. Mr. Diaz explained that when
annexation of the property occurred. the owner. Charles
Gibbs, volunteered to dedicate 60 acres of open space
which was to he a retention basin. Tne zoning was for
industrial use. and the dedication was to be done when it
was a tax advantage to the owner. it never occurred. and
legally the City was unable to enforce it even thougn Mr.
Gibbs had offered the dedication.
29
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 1988
• • • • a a • • • • • • • • • • • • • • • • • • •
Ms. Prudence George, Marriott. Palm Desert.
Mr. Dan Stickel. 74-360 Angels Camp. Portola County Club.
In rebuttal:
Mr. Berkey stated that the first meeting they had with
Portola Country Club was attended by over 80 residents.
Three additional meetings were held with the Board of
Directors which resulted in mitigation of their concerns
and a letter in favor of the project.
Mr. Butler asked what the current General Plan designation
was for the land immediately west of his property; Mr.
Diaz responded Open Space. Mr. Butler said that it was
unfair of the representative of the Marriott to categorize
people in apartments as people who deal in drugs as that
happens everywhere in the U. S. He said his firm employed
good managers and good security officers which minimized
these types of problems. He said they were doing
everything possible in this project to assure adjacent
property owners of privacy.
Council Questions1Comments to Applicant:
Crites : What type of fac i i i t i es such as tot lots are
included in the project. Butler in response: None
inasmuch as his units were generally occupied by retired
people. Crites commented that was not what had been
argued by applicant when it was stated that
service/industrial employees would benefit from this
proposed housing.
Benson: If the density was less and more open space
Provided. could there not then be more pools than one per
section? Butler in response said there could De more if
the units remained the same.
Mayor Benson C!CJ5ED the puoiir nearing.
Kelly: Said he had lots of concerns about the nroiect and
had s i nre inception of the way the location of the
property had been derived. Saw lots of problems with the
drainage especially in light of the statement in the staff
report that said it was still unknown where the drainage
wou i d he. Felt there were enough if not too many
apartments in town now with One Ouail Place and Sr. Tropez
and that this number put the City out of balance in this
type of housing. Felt the zoning was cnanoed to
30
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 1988
• • * • * * • * * • • • • • • • • • * • • • • • •
industrial in the beginning because of an unmet commitment
o f tied i rat i on of 60 acres of open spac e . H i
ro,rversations with residents of Palm Desert Country Club
dad not led him to neiieve those residents were in favor
o f this pro iect . Did not believe that a Dark ado
rerreation issue snoula ever have been tangled wit a
project such as tnis. He would stand on his record_ For
what he had done for the youth in the community, and the
City of Paim Desert does far more for youth outside the
City than any other city in the va l i ey which everyone
knows. He concluded by stating that he felt Mr. Berkey
should work with the City and put a junior golf course on
the land.
Crites: Didn't think it was Council's place to decide
whether or not the City had enough or too many apartment
units. Felt landscaping should be mature when planted:
lack of amenities -- should be increased to be equal to or
greater than that offered by One Quail Place and St.
Tropez: would not vote for it unless provisions were made
for small children; lack of architectural variation in
buildings would keep him from voting for it - apartment
complex like this should be aesthetically outstanding, and
this one is not; final approval must be contingent upon
drainage studies - city doesn't want to be stuck with a
"park in a poke."
Benson: Would expect a reduction in density in exchange
o f five acres plus more amenities. Agreed that
landscaping should be mature when planted as was that
planted at One Quail Place.
W ilson: City "got took" on 60 acres it thought it once
had for zoning we never pave. Felt that the City would
get open space and 55 acres he thought was needed to meet
the recreational needs of the community. Said he had
liked the idea of a sand dune park in that location but as
he saw the community grow, he know thought it needed
higher density residential units near where the lobs were
which this project provided. Said concerns of F. X.
McDonald needed to be addressed to assure him that hi;
property was developable. Felt the City could live with
the density in that location -not enthusiastic about
giving up five acres for less density. Supported mature
landscaping; wanted real assurances that the park land the
City was getting adjacent to the development would be
usable land. Felt the City should take the developer up
on his offer to grade the entire parcel and if so,
31
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
JULY 14, 1988
irrigation or sod should be put in place to cut dust
problems.
Snvoer: Agreed with Wilson. Proiect near industrial
area, and homes needea to be built near where people work.
In favor of it in that he found it proper, in the right
place. and something that needed to be done.
Ben.son:_ Project needs more amenities; park land of
benefit to the City but giving up five acres and having
less park inside the project was an asset as well. Felt
there would be children in the project, not just single
people.
Cri_tes: Asked if Counci 1 could say "Aye" or "Nay"
conceptually to the project and then have staff and the
developer come up with alternatives. Mr. Diaz recommended
that Council continue the item to the next meeting with
that direction.
Benson: Asked about Condition #25 as applicant had
requested it be deleted. Mr. Gaugush responded it only
applied to applicant's property.
Mr. Butter spoke at this point saying he would have a problem
with massaging the plan if they ieft the meeting and did not
know if i t is a 20 acre or 30 acre project or the number of
units. In response, Crites said two seemed to be in favor of
proposed density and two did not.
Councilman Wilson moved to approve the General Plan amendment, the
change of zone, the negative declaration of environmental impact on the
construction of 612 apartment units on the south side of Hovlev Lane,
approximately 1.300 feet east of Portola Avenue, with the appropriate
exchange of 5S acres of open space dedicated to the City. motion
contingent upon appropriate development plan and development agreement
worked our between the developer and staff. Councilman Snyder seconded
the motion.
Cr tee•: Mot or' d'" . not ni .e fie.ibi' itv to density or acreage.
Wilson: Right. Would like to see development agreement have mature
landscaping. tot l or s , open spare area adjacent to the property.
irrigation and land cover es part of that package.
Councilman Wilson moved to amend his motion to call for an
alternative plan for a 35 acre development at 15 units per acre and a
dedication of 50 acres to the City. Motion died for lack of a second.
32
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
*
• • •
• •
JULY 14, 1988
* • • * * * • * •
At th i s point. Mr. . Berkey stated that it was econom i c-a ! 1 v
unfeasible; they definitely had to have 35 acres of 'and but coulr,
realace it with acreage in the north sphere.
Mayor Benson called For rne vote. Motion carriers on a 4-i vote witn
Councilman Kelly voting NO.
C. CONSIDERATION OF A REQUEST FOR A CHANGE OF ZONE FROM R- l
(SINGLE-FAMILY) AND R-2 S.P. (SINGLE-FAMILY, SCENIC
PRESERVATION) TO O.P. (OFFICE PROFESSIONAL) FOR TWO LOTS
ON THE SOUTH SIDE OF PARKVIEW DRIVE. BETWEEN MONTEREY
AVENUE AND ACACIA. RENAISSANCE LAND CO., APPLICANT.
Mr. Diaz reviewed the staff report, noting that this would
rezone the property where KEZN was located. He said it
was consistent with the General Plan and that staff
recommended approval.
Mayor Benson declared the public hearing open .and invited
testimony in FAVOR of this request.
MR.. PAUL POSEN, 82-231 Johnson Drive, Indio, spoke as the
applicant and asked that the Council approve the request.
Mayor Benson invited testimony in OPPOSITION to this request,
and none was offered. She declared the public hearing closed.
Councilman Crites moved to waive further reading and pass
Ordinance No.548 to second reading, approving the change of zone. Motion
was seconded by Wilson and carried by unanimous vote of the Council.
D. REQUEST FOR APPROVAL OF NORTH SIDE FRED WARING DRIVE
WIDENING AS PROVIDED UNDER THE KELLY ORDINANCE.
Mr. Folkers reviewed the staff report and recommendation.
Mayor Benson declared the public hearing open and invited testimony
in FAVOR of the request. None was offered. She invited testimony
in OPPOSITION to the request, and none was offered. She declared
the hearing closed.
Upon motion by Crites, second by Kelly, Resolution Nos. 88-83 and
88-94 were adopted by unanimous vote of the Council.
33
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
• ■
i • i
JULY 14, 1988
8 a a 8 a s • • r s a
E. REQUEST FOR APPROVAL OF A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT AND MASTER PLAN OF DEVELOPMENT FOR
THE CIVIC CENTER SITE, BORDERED BY SAN PABLO AVENUE AND
SAN PASCUAL CHANNEL ON THE WEST AND EAST, MAGNESIA FALLS
AND FRED WARING DRIVE ON THE NORTH AND SOUTH.
Mr. Phil Joy, Associate Planner, reviewed the staff
report, noting that separate public hearings would be held
relative to the corporate yard and lighting of the
ballfieids.
Council Comments/Questions:
Crites: There should be extensive landscape buffer
between the corporate yard and the channel.
Snyder: Concerned with traffic and felt something should
be done to slow it down between Fred Waring Drive and
Magnesia Falls.
Mr. Joy responded that staff was looking at a stop sign at
the entrance to the Civic Center complex and College of
the Desert.
Wilson: With the new entry road into the College, what
happens to the old road? Said the plan assumes no
cooperative working arrangement with the College.
Mr. Joy responded that the road would be the start of a
ring road configuration. He said it was a long range plan
of the College not to have any access onto San Pablo.
Mayor Benson declared the public hearing open and invited
testimony in FAVOR of this request, and the following people
spoke:
MR. GERRY HUNDT. Director of the YMCA, 74-251 Maanesis
Fails.
MR. JACK STEWART. 48-52 I Shady View Drive. President of
the Palm Desert Youth Sports Association.
MR. WARREN SMITH
MR. AL DURRETT, Desert Youth Sports Oraanization.
MR. riAROLD HOUSLEY. 74-09i Larrea, member of YMCA Board of
Directors.
MR. LES PRICER, Administrative Consultant for the
Coachella Valley Recreation 8 Park District.
34
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 1988
• • • • • • • • • • • • • • • • • • • • • • • • •
MR. VICTOR VILLENEUVE, 43-349 Martini Court, spoke in
favor of this type of facility but was opposed to lighting
the ballfields.
MS. SUSAN MACK, member of Pairn Desert Parks 8 Recreation
Commission.
MR. WILLIAM HEMMERDINGER, 43-409 Martini Court, expressed
concern with the lighting of the fields.
Wilson: Suggested that staff look into the possibility of
having one large location with perhaps eight ballfields
instead of having them spread all over the community. Mr.
Diaz said staff could look into that possiblity. Mayor
Pro-Tem Wilson said he felt the Council needed to make a
commitment and decide to either put lights in or not. He
said if the City of Palm Desert wanted to build the fields
and did not have the money for the lights, perhaps other
communities could buy the lights for certain fields.
Crites: Some type of joint effort between Palm Desert,
Indian Wells, Rancho Mirage, the County, and people who
have children will be needed to see who will pay for
upkeep of the fields, who will contribute what, etc.
Suggested having the ballfield area remain as open space
at this time and have discussions with neighboring cities.
Benson: This needs to be looked at as a long-term issue
instead of putting a ballfield on every piece of land the
City gets.
Wilson: Felt one thing lacking in the plan presented to
the Council was a focal point looking down San Pablo;
suggested that some kind of large sculpture be used to
give it some dynamics.
Councilman Snyder moved to: 1) Waive further reading and adopt
Resolution No. 88-95, as amended to leave the ballfield area as
undeslgnated at this time; and 2) Waive further reading and pass
Ordinance No. 549 to second reading, approving C/Z 87-14. Motion was
seconded by Kelly and carried by unanimous vote of the Council.
XIX. ORAL COMMUNICATIONS - D
None
35
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
r • * a s r r i r a a a
XX. ADJOURNMENT
a ■ r r
JULY 14, 1988
Mayor Pro-Tem Wilson moved to adjourn to Closed Session at
12:13 a.m. pursuant to Government. Code Section 54956.8, Real Property
Transactions and 54956.9 (a) and (b), Pending and Potential Litigation;
said Closed Session to immediately follow adjournment of the
Redevelopment Agency Meeting. Motion was seconded by Kelly and carried
by unanimous vote of the Council.
Mayor Benson reconvened the meeting at 1:20 a.m. and
immediately adjourned with no action announced.
ATTEST:
SHEILA R. GIL IGAN, CI�CLERK
CITY OF PALM DESERT, C. IFORNIA
36
JEAN M. BENSON, MAYOR
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
1
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JULY 14, 1988
1
EXHIBIT "A"
L' m ✓ 1 C S % , TO o.:.,v CC N7 & /= G C tl/ 7r'G ►: . L t r<i rl L Lei''
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P 1J 6(.74t4 D ar
We the undersigned property owners and residents of the Palma
Vista area of Palm Desert, California bounded on the North by
Fred Waring Drive, the south by Rancho Grande, the east by Acacia
Drive and the West by Fairhaven Dr. are adamantly opposed to a
new wall constructed on June 21, 1988 by contractor, Dave
Manookian, DBA as Manookian Development Corp. The new wall
constructed on Town Center property runs North -South connecting
the Town Center north wall to the Board of Realtors wall
eliminating the only direct pedestrian access to Monterey Ave.,
Town Center and other nearby shopping areas. This wall requires
all residents to walk up to an additional nine (9) blocks to reach
the shopping areas.
We hereby demand that this wall be removed or at the very least
that a pedestrian gate be installed to restore our longstanding
pedestrian access to the shopping areas.
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REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 1988
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