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Home My WebLink About1988-11-10MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, NOVEMBER 10, 1988 CIVIC CENTER COUNCIL CHAMBER * * * * * * * * I. CALL TO ORDER Mayor Pro-Tem Wilson convened the meeting at 4:00 p.m. II. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore S. Roy Wilson III. INVOCATION - Councilman Walter H. Snyder IV. ROLL CALL Present: Councilmember Buford A. Crites Councilmember Richard S. Kelly Councilmember Walter H. Snyder Mayor Pro-Tem S. Roy Wilson Excused Absence: Mayor Jean M. Benson Also Present: Bruce A. Altman, City Manager David Yrigoyen, Administrative Assistant Sheila R. Gilligan, City Clerk/Public Information Officer David J. Erwin, City Attorney Richard J. Folkers, ACM/Director of Public Works Ramon A. Diaz, ACM/Director of Community Development/Planning Kirby J. Warner, ACM/Director of Economic Development V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of October 27, 1988, and the Adjourned Meeting of November 1, 1988. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR1003 and WR1006. Rec: Approve as presented. 1 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 1988 * * . . * * * * . . * * * . * . . * * * * * . * * C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by The Vons Companies, Inc. for Von's, 72-675 Highway 111, Palm Desert. Rec: Receive and file. D. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. 00-298, Joslyn Cove Communities Senior Center in the Amount of $7,027.00. Rec: By Minute Motion, approve Change Order No. 1 to Contract No. 00-298 in the amount of $7,027.00. E. REQUEST FOR AUTHORIZATION to Purchase a Front -End Loader. Rec: By Minute Motion: 1) Make a finding pursuant to Municipal Code Section 3.32.090 in order for Public Works Department to purchase the equipment which is unique and therefore not subject to bidding requirements; 2) Authoriz the Public Works Department to accompany a Cit of Victorville bid for the purchase of a four- wheel drive front-end loader in an amount not to exceed $75,000. F. REQUEST FOR AUTHORIZATION to Schedule a Public Hearing for Council's Consideration of the Abandonment of Pedestrian Easement -- Santa Rosa Way and Monterey Avenue. Rec: Waive further reading and adopt Resolution No. 88-138, setting a public hearing. G. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Crack Sealing. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. H. REQUEST FOR APPROVAL of Parcel Map 23696 - Triad Pacific Development Corp., Applicant. Rec: Waive further reading and adopt Resolution No. 88-139, approving Parcel Map 23696. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 1988 * * * t s * * * * * * ■ * * • s * * * * • ■ a f I. REQUEST FOR ACCEPTANCE OF WORK for Contract No. 00-269, the Supply and Installation of Carpet at the Palm Desert Library. Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion with the County Recorder. J. REQUEST FOR APPROVAL of Increase in Budget for Legislative Advocacy Program. Rec: By Minute Motion, appropriate $11,500 from the Unobligated General Fund. K. PETITION FOR WALKWAY Across Portola Avenue at Hovley Lane. Rec: Refer to staff for consideration with the Hovley Lane Street Improvements staff report to be presented to Council on December 8, 1988. L. REQUEST FOR ACCEPTANCE OF WORK for Contract No. 00-302 for the Council Chamber Video Supply Contract. Rec: By Minute Motion, accept Contract No. 00-302 as complete for the installation of the Council Chamber video system and authorize the City Clerk to file a Notice of Completion. M. REQUEST FOR ACCEPTANCE OF WORK for Contract No. 00-301 for the Council Chamber Audio Supply Contract - Allied Communications. Rec: By Minute Motion, accept Contract No. 00-301 as complete for the installation of the Council Chamber audio system and authorize the City Clerk to file a Notice of Completion. N. REQUEST FOR APPROVAL of Final Tract Map 22393, Nelson Development Company, Applicant. Rec: Waive further reading and adopt Resolution No. 88-140, approving Tract Map 22393. 0. CONSIDERATION of Highway 74 Sidewalk. Rec: By Minute Motion, appropriate $15,000 from the Unobligated Reserve Fund. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 1988 * * * * . * * i * * f i * * i * i ! * * * f i P. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 3 TO CONTRACT NO. 00-181C WITH KRETZ CONSTRUCTION COMPANY FOR THE CIVIC CENTER REMODEL. Q. Rec: By Minute Motion, authorize the Director of Finance to pay additional Work Order #3 in the amount of $13,512.59 which includes a credit shown on Work Order #4 in the amount of $970.00. INFORMATIONAL ITEM: 1. Report on the possibilities of funding the acquisition of the Desert Magazine Building and preserving it as an historical landmark. 2. Report on City Refuse Recycling Program. Councilman Crites asked that Items F and K be removed for separate discussion under the Consent Items Held Over portion of the Agenda. He also removed Item Q inasmuch as reports would be made later during the meeting. Mayor Pro-Tem Wilson asked that Items 0 and P also be removed. Upon motion by Kelly, second by Crites, the remainder of the Consent Calendar was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A MR. SANDY BAUM, 45-800 Deep Canyon Road, Palm Desert, addressed the Council relative to traffic at Portola and Highway 111. He said he thought the Council would be interested to know that the general contractor for the Arco project had pulled permits on Tuesday and that the project would hopefully be under construction prior to December 1st. Mr. Baum said he also wanted to thank the Council for the proclamation declaring Friday, November 4th, as "Australian Realtors Day" in the City. He said after Mayor Benson had read and presented the proclamation, the delegates said this was the first time in the 19 years they had been visiting the United States for the National Association of Realtors Convention that they had received a proclamation, and they were very pleased. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 1988 * . . . * * * * * * * . * * * * * * . . * . * * VII. RESOLUTIONS A. RESOLUTION NO. 88-141 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO DIRECT COSTS OF DUPLICATION OF PUBLIC RECORDS. Mr. Altman stated that many times requests are made for records which involve substantial research time on the part of City staff. He said these fees were the customary practice in other cities and recommended adoption of the resolution. Upon question by Councilman Crites, Mrs. Gilligan stated that the research fee would apply for situations such as wehn the City receives a subpena for records and the subpena is nonspecific as to what is requested. This requires staff then to look for the information, which sometimes takes hours. II[Councilman Kelly moved to waive further reading and adopt esolution No. 88-141. Motion was seconded by Snyder and carried by nanimous vote of the Council. VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 561 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 10.24 RELATING TO ABANDONED, WRECKED AND INOPERATIVE VEHICLES. Mr. Altman reviewed the staff report and said that Mr. Frank Allen, Director of Code Compliance, was available to answer any questions. Councilman Snyder moved to waive further reading and pass Ordinance No. 561 to second reading. Motion was seconded by Kelly and carried by unanimous vote of the Council. 1 For Adoption: None 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 1988 * ■ * * I • * * * * * * * * * * * • * * • * • ■ IX. CONSENT ITEMS HELD OVER F. REQUEST FOR AUTHORIZATION to Schedule a Public Hearing for Council's Consideration of the Abandonment of Pedestrian Easement -- Santa Rosa Way and Monterey Avenue. Councilman Crites asked that staff, in addition to sending out the usual notices, also send notices to people two streets away. Councilman Crites moved to waive further reading and adopt Resolution No. 88-138, setting a public hearing, and direct staff to make sure notice of the public hearing is also sent to people two streets away. Motion was seconded by Snyder and carried by unanimous vote of the Council. K. PETITION FOR WALKWAY across Portola Avenue at Hovley Lane. Councilman Crites asked how long it would be before staff had a report for the Council on this item. Mr. Folkers responded that staff was working on this petition and that a report should be ready for the December 8th meeting. Councilman Crites moved to refer this matter to staff for consideration with the Hovley Lane Street Improvements staff report to be presented to Council on December 8, 1988. Motion was seconded by Snyder and carried by Snyder and carried by unanimous vote of the Council. 0. CONSIDERATION of Highway 74 Sidewalk. Mayor Pro-Tem Wilson stated that he first wanted to commend staff because this is something that is very much needed in this area. He asked if the City could apply for some type of funding to extend this sidewalk up Highway 74 since there are many people who are walk that highway and have to walk in the street. Mr. Altman responded that staff could look into this possibility and report back to the Council. Councilman Crites asked if the Sandpiper Association had been asked for a contribution for this sidewalk since there is a City easement on their property. Mr. Diaz responded that Sandpiper had not been approached to donate to the project. He added that his records 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 1988 # # �► ; 1 * . . * * * 1 * * * * * ** indicated that pedestrian traffic from Sandpiper would be minimal and said he felt dedication of the right-of-way would be sufficient. Mayor Pro-Tem Wilson moved to, by Minute Motion, appropriate $15,000 from the Unobligated Reserve Fund and direct staff to investigate the feasibility and cost of extending the sidewalk southerly to Indian Creek Villas. Motion was seconded by Kelly. MR. ED BENSON, 1106 Sandpiper, Palm Desert, stated that Sandpiper had been approached and that they felt it was an excellent idea. He said they were happy to give whatever the City wanted as far as a sidewalk and that it looked like eight feet would do it. Mayor Pro-Tem Wilson called for the vote. Motion carried by unanimous vote of the Council. P. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 3 TO CONTRACT NO. 00-181C WITH KRETZ CONSTRUCTION COMPANY FOR THE CIVIC CENTER REMODEL. Mayor Pro-Tem Wilson asked if this change order included finishing the paneling in the Mayor's office which had been damaged in the remodeling. Mr. Altman responded that it was included. Councilman Crites moved to, by Minute Motion, authorize the Director of Finance to pay additional Work Order #3 in the amount of $13,512.59 which includes a credit shown on Work Order #4 in the amount of $970.00. Motion was seconded by Kelly and carried by unanimous vote of the Council. Q. INFORMATIONAL ITEM: 1. Report on the possibilities of funding the acquisition of the Desert Magazine Building and preserving it as an historical landmark. 2. Report on City Refuse Recycling Program. Councilman Crites suggested that these two items be held over until the Reports & Remarks portion of the Agenda. Council concurred. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 1988, • * ■ * * * * * * * * * * i * i * f i * f IF * i X. NEW BUSINESS A. REQUEST FOR AUTHORIZATION TO EXECUTE NORTH PORTOLA STORMWATER FACILITIES CONSTRUCTION, OPERATION, AND MAINTENANCE AGREEMENT NO. 00-330. Mr. Altman reviewed the staff report dated November 1, 1988, and offered to answer any questions. Councilman Crites moved to, by Minute Motion, approve the agreement and authorize the Mayor to execute same with the Coachella Valley Water District for the construction, operation, and maintenance of the North Portola Stormwater Facilities. Motion was seconded by Kelly and carried by unanimous vote of the Council. XI. CONTINUED BUSINESS A. CONSIDERATION OF CONTRACT NO. 00-234 BETWEEN THE CITY AND SUNLINE TRANSIT AGENCY RELATIVE TO THE BUS STOP SHELTER PROJECT AND RELATED PRESENTATION BY LEE NORWINE, EXECUTIVE DIRECTOR OF SUNLINE TRANSIT AGENCY. MR. LEE NORWINE, Sunline Transit Agency, addressed the Council relative to the bus stop shelter project. He said Sunline Transit Agency had entered into an agreement with Sunrise Media to provide shelters throughout the Coachella Valley, with Sunrise Media to pay for the capital costs of acquiring and installing the shelters. In addition, they would maintain the shelters and all the utilities associated. All of this would be at no cost to either the City or Sunline Transit Agency. Sunrise Media would also share in the revenues generated by having displays on the shelters. He reviewed the three different designs that the City could choose from. He asked that the Council approve a pilot program for 12 months in Palm Desert, noting that if the City of Palm Desert was unhappy with the placement of the shelters for any reason whatsoever, they would be removed and the areas brought back to the original condition, ail at no cost to the City or Sunline. He offered to answer any questions. Upon question by Councilman Crites, Mr. Norwine responded that six of the nine Sunline Transit Agency members had approved the project. He cities that had not approved it were Rancho Mirage, Palm Desert, and Palm Springs, although Palm Springs had architecturally approved the design. 1 8 1 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Kelly stated he was not overly enthusiastic about the program because of the Council's policy with regard to signs. He expressed concern with having bus shelters throughout the City displaying signs. He said he felt strongly that bus shelters should be provided but that a different kind of program should be worked out. Councilman Crites said he felt this program needed to be done and that it should begin this year. However, he also expressed concern with the City's policy of having as little outdoor advertising as possible. He asked that staff prepare a report outlining the costs to build and maintain a comparable bus shelter system so that the Council could then make a better value judgment. Councilman Snyder said he felt the need for a bus shelter system was obvious and that it was needed now. He added that he would go along with a continuance of this item in order to allow staff to prepare its report. Upon question by Mayor Pro-Tem Wilson relative to the pilot program, Mr. Norwin responded that there would be approximately 25 Phase I shelters included. Councilman Kelly asked whether Sunline would continue to maintain the shelters even if they were provided by the City. Mr. Norwin responded that this matter would have to be discussed by the Sunline Board. He also expressed concern that it was now getting dark earlier in the evenings and offered to work with staff to move this along quickly. Councilman Crites moved to, by Minute Motion, continue this matter to a time uncertain so that staff and Sunline can come back to the Council with a report relative to the costs for the City to build and maintain a comparable bus shelter system. Motion was seconded by Kelly and carried by unanimous vote of the Council. NOTE: At this point, Mayor Pro-Tem asked that the Council suspend the remainder of the Agenda and discuss Old Business Items B and A. Council concurred. Please see those sections for discussion. 1 B. REQUEST FOR CONSIDERATION FOR THE PURCHASE OF A CITY VAN. Mr. Folkers asked that this item be continued to the meeting of December 8th inasmuch as staff was still 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 1988 * * • * * * * • • * * * • * * * * • * * • * • • • 1 gathering information requested by the Council at an earlier meeting. Mayor Pro-Tem Wilson stated that Mayor Benson had passed her comments along to him. He said she felt instead of purchasing a van and converting it to a propane -propelled engine► the City should wait until an electrical van is available. He said Chrysler would have some prototypes available beginning in January which would hold five or six people and go approximately 120 miles on a single charge. He said Mayor Benson thoughts were that the City should wait until it can get a vehicle that would advertise the fact that the Council is committed to clean air. Councilman Kelly agreed. Councilman Snyder moved to continue this matter for an indefinite time until data can be obtained relative to an electrical van and direct staff to watch for such information. Motion was seconded by Kelly. Mayor Pro-Tem Wilson stated that Councilman Marvin Browdy of Los Angeles had put out a bid guaranteeing that the City of Los Angeles will purchase 10,000 electric vans if someone internationally will come forward and manufacture them at a reasonable price. He asked that staff look into whether the City of Palm Desert can piggyback on that offer. Mayor Pro-Tem Wilson called for the vote. Motion carried by unanimous vote of the Council. XII. OLD BUSINESS Item B was discussed prior to Item A. B. CONSIDERATION OF CONTINUING MEMBERSHIP IN THE DESERT RESORT COMMUNITIES CONVENTION/VISITORS BUREAU. Mr. Altman stated that he had attended a meeting chaired by Councilman Snyder the previous day and that hotel representatives had indicated they wished to address the Council and ask that it continue its support of the Desert Resorts Convention & Visitors Bureau (DRCVB) during the process of working out a merger between it and the Palm Springs Convention & Visitors Bureau. Councilman Snyder added that the hotel people felt very strongly that the cities should continue supporting the 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING r 1 NOVEMBER 10, 1988 * * * * * * * * * * * * * * * * * * * * * * * * program until the new Joint Powers Agreement is created in July. He said what was needed now was the concurrence of the cities to step up to their responsibilities for this year through July in order to keep the program going and keep the tourist industry vital. The following spoke in favor of the City continuing its support of the ORCVB and urging City's release of monies to keep the ogranization going: MR. BILL CARVER, 555 So. Palm Canyon, Palm Springs, spoke on behalf of the retailers. Councilman Crites asked how many hotels in Palm Desert were now dues paying members of the DRCVB and how much of the hotels' assessments for owed debt had been paid. Mr. Carver responded that he did not have exact figures but the last time he heard, somewhere around $19,000 of the $78,000 total hotel assessment had been paid. MR. ROBERT SOLOMON, Desert Business Machines, 42-471 Ritter Circle, Palm Desert. MR. TOM MESINA, Timberline Productions, 42-280 Beacon Hill. MS. VONNA WESTFALL, Sun 8 Shadows Resort, spoke on behalf of the smaller hotels. She also read a letter of support from Brier -Kushner Associates (attached hereto and made a part hereof as Exhibit "A"). Councilman Crites asked whether Ms. Westfall knew what percentage of the smaller hotels had paid membership dues. Ms. Westfall responded that out of five hotels, hers was the only member. Councilman Snyder stated that he would make sure Councilman Crites received a list of not only Palm Desert hotels but those in the entire Valley. MR. ALAN FUERSTMAN, Resident Manager of the Marriott Desert Springs Hotel. MR. JOHNNY JOHNSTON, Direct Sales, Marriott Desert Springs Hotel. MS. JACKIE CURRY spoke on behalf of Randy Gillette, President of La Quanta Trading Company, 73-625 Highway 111, Palm Desert. MS. PATRICIA POE, Audio -Visual Headquarters Corp. MR. RALPH WESTFALL, Palm Desert One -Hour Photo, said he and others had not yet paid their assessments because of the many rumors that the DRCVB might fall by the wayside. MS. MARY THOMAS, Desert Off -Road Adventures. MR. ANTOINE BABAI, Le Paon Restaurant, 45-640 Highway 74. MR. DICK CRANE, Avis Rent -a -Car. MS. LORI FISHER, General Manager, Desert Caravans, Inc. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 1988 * * * * * s * * * MR. ALIBABA FARENZAH, 40-345 Sagewood. MS. LORI BERONE, Vacation Inn, 74-715 Highway 111. MR. BILL CARVER added that the other cities would also be approached by groups of individuals like those at this meeting and asked to contribute their fair share of the DRCVB budget. Councilman Snyder stated that bills had accummulated because the Bureau did too much selling for the amount of funds coming in. He said the JPA had been totally accepted as a good philosophy and approach. He said what was needed at this time was for all of the cities to contribute the funds they agreed to give to the DRCVB at the beginning of the year. He added that he hoped Palm Desert would once again assume a leadership role in this regard. Mayor Pro-Tem Wilson asked whether any effort would be made to contact the three cities that had already withdrawn and ask them to reconsider. Councilman Snyder responded that one of the cities had already indicated it would be rescinding its action and that the other two cities would be contacted shortly. Mr. Altman stated until this time, staff had not made any formal recommendation on this issue. However, he said Palm Desert has been a leader in the field of promotion and was a pioneer in joining the first CVB. He added that the amount budgeted for this fiscal year for the CVB was $150,000, and $75,000 had been released to date. He recommended that the City of Palm Desert take a strong leadership role, agree to contribute the remainder of the funds budgeted, and encourage the other cities to work together to get something going that everyone can work with. Councilman Kelly stated that although he felt very strongly that Palm Desert should live up to its commitment and help to keep the Bureau open, he also felt there should be some assurance that it would stay open and that there would be a concerted effort to negotiate with other cities to make sure they also 1 i ve up to their commitments. Councilman Crites expressed concern with regard to the exact amount of the existing debt and true figures for the assets, noting that the amounts kept changing. Once this was determined, he suggested that the City of Palm Desert 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 1988 • * • * * • * • * • • • • * * • * • • • • • • * then step forward and pay its percentage. He said he would be in favor of releasing the remainder of the monies budgeted for the Bureau with the stipulation that they first be used to pay Palm Desert's portion of the agreed upon debt; any monies above that amount must be used for ongoing operating expenses. He said he would also like the City Attorney's office to check into obtaining a legal release of liability for the remainder of the debt after the City's portion is paid. He added Councilman Snyder stated that the CVB was more than willing to put together an analysis of the funding. He added that it was the organization's intent to approach the other cities in the next ten days with this same program. Mayor Pro-Tem Wilson stated that although he recognized the need for this organization to continue operating, he was concerned that Palm Desert was the only one "playing the ball game". He said he could live with the concept of releasing a percentage of the remaining monies budgeted for the CVB with the understanding that the situation would be reassessed in December to see how the other cities have reacted to the presentation and whether the cities which originally agreed to work together continue to do so. Councilman Crites moved to authorize the release of the remaining funds ($85,000) given the stipulations that have been mentioned in this meeting that: 1) The City receives the "Final Debt Figure" from the CVB and that the funds be used to pay Palm Desert's portion of the debt and that funds already released this year by the City of Palm Desert be credited too as payment of this city's portion of the debt; 2) After Palm Desert's portion of the debt is paid, any funds remaining from the $85,000 be used purely for operating expenses; and 3) That the City of Palm Desert receive, if possible, a legal release from liability for the rest of any remaining debt if and when this organization ceases to operate as a legal entity. Motion was seconded by Kelly and carried by a 3-1 vote, with Wilson voting NO. A. REQUEST FOR APPROVAL OF JOINT POWERS AGREEMENT FOR VALLEY - WIDE CONVENTION/VISITOR BUREAU. Mr. Altman asked that the Council look at the proposal, express any concerns, and approve the proposal in concept and authorize staff to proceed with more specific negotiations with other cities. He offered to answer any questions. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 1986 r s s • s ; f t a Councilman Kelly stated that he felt Item #6 under "Basic Concepts" relative to withdrawal was important and should remain. Councilman Crites stated one of the issues he had heard mentioned from other cities was opening up the top end of the revenue base rather than having a closed .5 - .6. He said he felt the closed top end was absolutely necessary for his vote on this. Councilman Snyder said he was in favor of the JPA. He added that the by-laws would deal with the actual operation of the JPA, and since these by-laws were in the process of being submitted to the other entities for any corrections, he asked that the Council take action only in concept at this time. Upon question by Crites, Snyder responded that the by-laws would also be submitted to the City Attorney's office for review. Mayor Pro-Tem Wilson said he had no problem with conceptual approval of this plan. However, he felt an item that should be addressed was the possibility that the JPA would consist of eight cities, not nine, with Palm Springs not participating. He said if that was the case, he would want assurance that the revenue range would remain constant and that the JPA could operate without Palm Springs' contribution. He also noted that Item #12 under Basic Concepts in the report stated the Brown Act would apply to Executive Committee and Advisory Committee, and he asked whether it should read "Advisory Committees" instead. Mr. Altman stated that it would be looked into and clarified. He added that this program would be run based on the revenues available, with or without Palm Springs' contribution. Mayor Pro-Tem Wilson added that he felt the timetable listed was a good one and that he would like to see all efforts made to expedite it and get the operation started as quickly as possible. Councilman Snyder moved to approve the Joint Powers Agreement in concept and follow through to finalize the program. Motion was seconded by Crites and carried by unanimous vote of the Council. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 1988 * * * . * * * * * * . * * * * * * * * . * * * * XIII. REPORTS AND REMARKS A. CITY MANAGER INFORMATIONAL ITEMS: 1. Report on the possibilities of funding the acquisition of the Desert Magazine Building and preserving it as an historical landmark. Mayor Pro-Tem Wilson stated he was concerned that staff continue exploring options and make this become a reality. 2. Report on City Refuse Recycling Program. Mr. John Wohlmuth, Administrative Assistant, reviewed the staff report relative to initiating a pilot residential recycling program in Palm Desert. HE said the program would include approximately 4,300 homes, excluding gated communities. He gave a slide presentation of the City of Santa Rosa's recycling program. He said if Council wished, staff could work out a pilot program with Palm Desert Disposal for a six-month period. At the rate of $1.62 per household per month, the cost would be approximately $41,000. Upon question by Crites relative to whether anything has been done for such things as lawn trimmings, etc., Mr. Wohlmuth responded that other cities have programs where agricultural type wastes are ground up and composted. Councilman Kelly stated that this presentation was to get direction from the Council on where to proceed. He said some things that would have to be considered after the pilot program were: - What happens when other cities in the Coachella Valley want to join the program - what would the cost be? Should there be any consideration for all of the cities to go in together? - Should the program be voluntary or mandatory? - Who should pay - the residents or the City? - Is the Council prepared to deal with the possibility of having a recycling center located on the three acres next to Palm Desert Disposal once the pilot program has ended? 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 1988 * * * . . . . * * * * . * * * . * . * . * . * . 1 Councilman Crites stated that he had not had an opportunity to read the report and asked if the matter could be continued to the Council meeting when the election results will be certified. Mayor Pro-Tem Wilson said he felt most of the Councilmembers were committeed to the concept. He said there were many things to be worked out but suggested that staff be directed to work on these problems and report back to the Council. Councilman Kelly suggested that the Councilmembers review the report and then contact Mr. Wohlmuth with any concerns so he could include them in a report. Councilman Crites moved to, by Minute Motion, accept the program in concept and direct staff to continue efforts and come back with a report at a later time. Motion was seconded by Wilson and carried by unanimous vote of the Council. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: o City Council Committee Reports: I. Councilman Kelly reported that he had attended the Economic Development Conference at Sunworld in Coachella earlier that day. He said Mr. Diaz was one of the speakers and that he had done a good job for Palm Desert. 2. Mayor Pro-Tem Wilson asked whether the other members of the Council had received a copy of the SCAG report and KCET broadcast called "Stuck in Traffic". He strongly recommended that staff as well as Council take a look at this 90-minute video which Included a wide variety of leader throughout Southern California talking about on of California's more serious problems. 3. Mayor Pro-Tem Wilson congratulated Jean Benson and Walter Snyder on the outstanding election 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 1988 l* a 'f s a • f a s • f a ; • • s * * * * • * • • * results and that fact that they had good campaigns. He said he also wanted to publicly commend the one challenger who he felt ran a clean, upscale election. He said he felt the caliber of the election was befitting the City of Palm Desert and its image. 4. Mayor Pro-Tem Wilson reported that Mr. Joe Lyons, one of Palm Desert's two appointees to the Palmer Cablevision Citizens Advisory Committee, had passed away on Sunday. He asked that condolences be sent to the family on behalf of the City Council. XIV. ORAL COMMUNICATIONS - B None Councilman Crites moved to adjourn to Closed Session at 6:17 Ip.m. pursuant to Government Code Section 54956.8, Real Property Transactions (Town Center Apartments). Motion was seconded by Snyder and carried by unanimous vote of the Council. Mayor Pro-Tem Wilson 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 MS. DONNA PEAT, 73-185 Somera Road, Palm Desert, addressed the Council regarding to a petition she had previously submitted relative to park land on the south side of Palm Desert. She said the land was given to the City by Ironwood in exchange for the developer's fee and that it was still zoned R-1. She asked that the Council change the zoning to 2-P, designating it as park land, and that it be developed as a passive park. She said the type of park recommended by the homeowners in the area was one with low maintenance, low usage, bike trail, desert terrain, tot lot, half -acre of grass with shade trees, and handicap restrooms as required by the City. She said she felt the City should give the park high priority and that she would like to see it developed within a year. She added that it would not require any additional funds from the City above what has already been collected from developer fees earmarked for parks. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 1988 * * * * * i * * * * S i * * • * * is * f * * * * * Councilman Crites suggested that Ms. Peat's comments and petition be given to the Planning Department to be placed in the file as the Council begins examining the issue of parks. XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS None XVIII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF KELLY ORDINANCE WIDENING ON HOVLEY LANE AT MONTEREY AVENUE. Mr. Folkers reviewed the staff report, noting that the various property owners involved had been contacted. He asked that the Council authorize staff to proceed with the project. Mayor Pro-Tem Wilson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. Non 11 was offered. He declared the public hearing closed. Councilman Crites moved to: 1) Waive further reading and adopt Resolution No. 88-142, enabling the City to proceed with the subject Kelly Ordinance widening; and 2) By Minute Motion, authorize the Public Works staff to include the Kelly ordinance portion with the Hovley Lane storm drain project which has previously received authorization to call for bids. Motion was seconded by Kelly and carried by unanimous vote of the Council. B. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DECISION APPROVING A TENTATIVE TRACT MAP SUBDIVIDING 11.2 ACRES INTO 35 SINGLE-FAMILY LOTS IN THE R- 1 , 10,000 ZONE LOCATED ON THE SOUTH SIDE OF SKYWARD WAY, WEST OF PROPOSED CHIA ROAD AND NORTH OF THE MONTERRA DEVELOPMENT. Mr. Diaz reviewed the staff report,noting that the Council had called up this matter for review. He said the Planning Commission had approved the project at its meeting of October 18, 1988. He reviewed the concerns which had been raised, including: 1) The size of the lots; 2) Additional traffic that would be generated; 3) Whether or not Chia Road should be opened to Haystack; 4) The extension of Homestead to Alamo; 5) The connection o Homestead and Chia into the Silver Spur Ranch area; an 6) The quality of the homes not being compatible with th existing neighborhood. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 1988 • • • • • • • • • • • • • • • • • • • • • • • • Mayor Pro-Tem Wilson declared the public hearing open. He said this item had been called up by Mayor Benson. Although she could not be at this meeting, she had expressed concerns to him as fol 1 ows: 1) The incompatibi 1 ity of lot sizes adjacent to homes on Skyward Way, the 13,000 vs. 11,000; and 2) The incompatibility of houses on Skyward as far as roof lines and height in relation to the existing houses across the street. He invited testimony from the applicant. MR. LEN CRANDALL, 74-361 Highway 111, Palm Desert, spoke as the attorney representing the applicant. He asked that he be allowed to withhold comment until after comments from people opposed to the project. He said the applicant was in favor of the project and felt it was a good development for the City which conforms in all respects to the General Plan and applicable zoning. Upon question by Councilman Crites relative to the lot sizes as opposed to those on Skyward Way, Mr. Crandall responded that the developer had gone beyond the 10,000 square foot minimum lot size required by the present zoning and made them an average of 11,525 square feet. He said the homes that would be built on those lots would be substantial homes and that some would actually be built by the developer although there was no commitment on his part to do so. He added that it would be a nice neighborhood with homes valued in the $300,000 range and that the developer had indicated a willingness to include in the CCBr's (or some other method the City might want to use) that the homes would be a minimum of 1,800 or 2,000 square feet. Mayor Pro-Tem Wilson invited testimony in FAVOR of this project. The following spoke in favor of the project because of the quality of the homes, and increased property values for surrounding homes. MR. ED SOEHNEL, 46-943 Frontage Road, read a prepared statement (on file and of record in the City Clerk's Office) MS. BARBARA DERKEY, 73-230 San Nicholas MR. MIKE SMITH, J. F. Davidson, 73-080 El Paseo MR. ERIC SOLIS, Financial Consultant for Shearson Lehman MR. BILL ANDERSON, 73-160 Somera Road MS. JUDITH BURNS, Owen Realty, 72-608 El Paseo Mayor Pro-Tem Wilson invited testimony in OPPOSITION to this project. The following were opposed because they did not want 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING * * * * * * * * * * * * * * NOVEMBER 10, 1988 another access into the Silver Spur Ranch area, did not want Chia extended, were concerned with quality and compatibility of homes with existing neighborhood, and did not want park land given to a developer for private use. MR. RICK LOPEZ, 73-352 Buckboard Trail, Silver Spur Ranch, stated although he had no major objections to the development as such, he was strongly opposed to the City giving park designated property to a developer. He asked that the Council consider adding the following conditions to the proposed development: 1) That the City refuse to give up park property for private development use; 2) No present or future connection of Chia to Arrow Trail; 3) Mr. Chazan place a six-foot wall along the property's east boundary to better define their own neighborhood similar to the Monterra Development to the south; 4) That the project houses be approved by the City's Design Review Commission prior to any building permits being issued to ensure compatibility with the existing neighborhood; and 5) Require that the applicant bond to have all private and public property adjacent to the project be returned to its natural state before any lots can be sold. MR. JACK PEAT, 73-185 Somera Road. Mayor Pro-Tem Wilson invited input from the applicant's attorney. Mr. Crandall addressed the issue of traffic circulation, noting that the developer had from the beginning expressed a willingness to cooperate with the City in mitigating concerns and would go along with the Council's wishes relative to Chia Road. As far as the size of the lots, the developer had complied with the City's requirements and zoning, and he urged the Council's approval of the project. He added that Mr. Chazen had pride in this community and had a home and office here. Mayor Pro-Tem Wilson declared the public hearing closed. Council Comments/Questions: Snyder: Concerned with giving away park land. Although the intent at the time was to connect one road with another, that was no longer required. Would like staff to look into possibility of moving the road and having it fully encompassed on the developer's property. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 1988 • • • • • • • • • • • • • • • • • • • • • • • • Mr. Folkers responded that in the original approach the street connected with Arrow Trail; this was changed as it went through the planning process. However, the concern was that in the future, as the park develops, there may be a change where the people living in the area want to connect the road through. If the road was shifted over to the west and there was no connection, there would be a jog arrangement that would make it very difficult to later put a road through. The intent was to try and do some planning for the future for traffic circulation. At the request of the applicant's representative, Mayor Pro-Tem Wilson reopened the public hearing. MR. MIKE SMITH, J. F. Davidson, spoke as the engineer and stated that normally when a subdivision is built abutting two pieces of property, each side gives 1/2 a street. In this case, Mr. Chazen is building the entire street. He added that none of the park land was actually part of the project, it was all in the street. MR. LOPEZ stated that if Arrow Trail was cul-de-sacced at the electrical substation, there would still be plenty of public access to the property. Crites: Question to Mr. Lopez: If Chia is pulled over to the west so it becomes a straight line and ends at Homestead, with Arrow Trail ending in a cul-de-sac, would you or your association have any objections to an opening for a bike path through there? Mr. Lopez said there would be no objections. MS. CHARLENE McLAIN, 73-720 Ironwood Drive, addressed Council and said that with respect to the City giving up property so that Chia Road goes through to Haystack, Mr. Chazen would also be giving up approximately 8,000 square feet of property at Haystack and Chia Road. Mayor Pro-Tem Wilson declared the public hearing closed. Crites: Council needs to decide whether or not to reaffirm the Planning Commission recommendation concerning the use of Barberry to the north vs. Homestead Road going through. Agreed that Mr. Chazen is moving beyond the existing zoning to 1 1 , 500 feet and is giving up land at the corner of Chia and Haystack. One option the Council would have is that according to the City Attorney, there is no vested right in zoning by the applicant at this 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 1988 i * * ■ * ■ * * * • * * * * * • * • * * * I * * point, so the Council could rezone the property to R-1 13,000 feet if it wished to do so. Kelly: Felt it was imperative that Chia go through to Haystack due to the many problems with traffic circulation, especially having a passive park there. Felt the project was a good one and the kind of development needed in Palm Desert, and requiring that the homes be reviewed by the Architecture Review Committee was the way to ensure compatibility with the existing neighborhood. Wilson: 1) Felt Chia Road should go through and should be a straight alignment. Policy of this City is that we try to avoid any jogs in the road and try to make it as much in alignment as possible; 2) Felt compatibility was important and could be addressed by requiring Architectural Review Committee approval with the request to the Committee that the issue of compabitility be looked at very closely; 3) Staff should be asked to move forward with the Park Planning Committee along with this project so that by the time the new homes are built, the City has a park with bike paths, walking paths, etc. that will balance out the project. Councilman Crites moved to waive further reading and adopt Resolution No. 88-143, approving TT 23681, amended to add the following conditions: 1) That Chia Road run in a straight line in a north and south direction from its present configuration; 2) That bike path access be provided from Chia to Arrow Trail; 3) That a covenant or restriction be placed within the development for a minimum home size of 2,000 square feet; and 4) That all homes by reviewed through the Architectural Review Commission process. Motion was seconded by Kelly. Mr. Diaz asked that the condition be amended to show "paved" bike path access. Councilman Crites amended his motion and Kelly amended his second to include this change. Mayor Pro-Tem Wilson reopened the public hearing and asked for comments from the applicant relative to the added conditions. MR. GERALD CHAZEN, Fairhave and Fred Waring Drive, said the only condition he objected to was the alignment of Chia Road. He said he thought it would be a better looking residential area if there were not a "straight tunnel look" and if there was some curvature to the streets. He added that he was concerned with building 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 1988 * * * * * * * * * * * * * * * * * * * * * * * * * homes which were expected to sell in the $300,000 range and that none of the homes would be less than 2,000 square feet. Councilman Crites stated that the City of Palm Desert had demanding standards as well as demanding citizens, commissioners, staff, and Council, and he thanked Mr. Chazen for his cooperation and positive attitude in dealing with the City. Mayor Pro-Tem Wilson declared the public hearing closed. Councilman Snyder expressed some concern with the straight alignment of Chia Road, reminding Council of the City Engineer's concern for the possible future lining up of Chia with Arrow Trail. He said that was the reasoning behind putting the bend in the road. Mayor Pro-Tem Wilson asked what percentage of the park land would be used for road purposes if the road was built as proposed with the existing alignment. Mr. Folkers responded that it would be approximately one and a half percent. Councilman Kelly agreed that Chia should line up with Arrow Trail. Councilman Crites stated that although he agreed a curving street would be more attractive, the street was only four blocks long and the straight alignment would match the other streets in the area. Mayor Pro-Tem Wilson reopened the public hearing to take additional testimony relative to the alignment of Chia Road. MR. MIKE SMITH suggested that if the Council abandoned that piece of Arrow Trail from Buckboard Trail north and include it in the park, the developer would put the bike path through it. Mr. Diaz recommended that this not be done and that the City keep its options open to retain the ability to connect it through if the Council in later years decides to do so. Mr. Folkers agreed that Arrow Trail north of Buckboard Trail should be kept as a public street. MR. LOPEZ stated that he agreed with the original motion to have Chia go straight through to Haystack Road. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 1988 * * * * * * * * * * * * * * * * * * * * * * * * Mayor Pro-Tem Wilson declared the public hearing closed. He called for the vote. Motion carried by unanimous vote of the Council. XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Mrs. Gilligan asked that the Council not adjourn to 7 p.m. on Thursday, November 17, 1988, as recommended on the Agenda and instead adjourn to 4:00 p.m. on Tuesday, November 29th for the purpose of canvassing the November 8, 1988, election and swearing in new officers. She said that due to the high voter turnout (70% In Riverside County), the Election Department would not have the election results until that time at the earliest. Councilman Kelly moved to adjourn the meeting at 8:45 p.m. to 4:00 p.m. on Tuesday, November 29, 1988, for the purpose of canvassing the November 8, 1988, election and swearing in new officers. Motion was seconded by Crites and carried by unanimous vote of the Council. ATTEST: SHEILA R. GIL IGAN, C1 CLERK CITY OF PALM DESERT, `ALIFORNIA -) / S. RO WILSON, MAYOR PRO-TEMPORE 24 r BRIER - KUSHNER Associates November 10, 1988 Dear Mayor Benson and Honorable Council Members: We regret we are unable to attend this afternoon's meeting. Our absense in no way reflects a lack of concern regarding the budgetary matter before you. BRIER-KUSHNER Associates is a destination management company with offices in the Coachella Valley. We would like to go on record as stating support for the Desert Resort Convention & Visitors Bureau's request for funding. Since opening our Palm Desert office in 1985, we have had the pleasure of working closely with the Bureau. This association has directly been responsible for several major accounts BRIER-KUSHNER has been able to service each year. The questions before you are far more important than our potential loss of such business. We are but one component in this valley who benefits from group tourism. You have heard from hoteliers, transportation companies and airlines regarding the advantages of such business. There are also hidden groups of business that also benefit from group tourism. For example, local storeowners and restraunteurs are quite often heavily patronized by these customers, not realizing they are members of groups the bureau helped attract. The process of bringing groups to the valley is highly competitive. We compete with many resort destinations. Many of these destinations share our good weather, and outstanding hotels. Most have a greater variety of activities and are both easier and less expensive to reach via airplane. All have very active and well- funded convention and visitors bureaus. In order for the Coachella Valley to stay competitive, it is essential to have this kind of representation continue. The interruption of the sales effort would seriously affect valley -wide tourism for the near future. The loss of prestige the bureau's financial failure would bring long-term consequences. 72-261 Highway 111, Suite 202 • Palm Desert, CA 92260 • (619) 568-3439 Also serving Los Angeles, Orange County and San Francisco BRIER - KUSH N ER Associates We strongly urge you to vote in favor of granting the continued funding for the Desert Resort Convention & Vistors Bureau. Michael Dunn General Manager