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1989-05-11
MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 11, 1989 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE - Councilman Buford A. Crites III. INVOCATION - Councilmember Jean M. Benson IV. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro-Tem Buford A. Crites Councilman Richard S. Kelly Councilman Walter H. Snyder Mayor S. Roy Wilson Also Present: Bruce A. Altman, City Manager David J. Erwin, City Attorney Carlos L. Ortega, ACM/RDA Executive Director Sheila R. Gilligan, City Clerk/Public Information Officer Ramon A. Diaz, ACM/Director of Community Development/Planning Richard J. Folkers, ACM/Director of Public Works Paul Shillcock, ACM/Director of Economic Development Paul Gibson, Treasurer/Director of Finance V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meetings of April 13 and April 27, 1989. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants Dated WR 0404 and WR 0407. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 1989 C. APPLICATION FOR ALCOHOLIC BEVER_AGE_L_1.CENSE by Siohodan Sipovac for Cucina Pasta,73-540 Highway 111, Palm Desert. Rec: Receive and refer to the Department of Community Development for processing of Conditional Use Permit. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICE_NSE by Neal Patier for Business Located at 72-695 Highway III, #A-7, Palm Desert. Rec: Receive and refer to the Department of Community Development for processing of Conditional Use Permit. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Angelo Dormizzi for Angelo's, 72-835 Highway 111, Palm Desert. Rec: Receive and refer to the Department of Communit'> Development for processing of Conditional USE Permit. F. REQUEST FOR THE SCHEDULING of a Public Hearing to Consider the Vacation of a Portion of Street Right -of -Way Known as Palm Desert Drive South (Frontage Road) East of El Paseo. Rec: Waive further reading and adopt Resolution No. 89-47, scheduling a public hearing for June 8, 1989. G. REQUEST FOR AWARD OF BIDS for the Sale of Certain Surplus City Property Items. Rec: By Minute Motion, award a Contract of Sale to the highest responsible bidder for Items 1, 2, 5, and 6 and reject the only bid received for Item No. 4, the comfort Air Window Air - Conditioner, as being too low. H. REQUEST FOR AWARD OF CONTRACT NO, 00-360 - 1988-89 Slurry Seal Program. Rec: By Minute Motion, authorize the Mayor to ente into an agreement with the lowest responsibl bidder for Contract No. 00-360. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 1989 • a • • • • • • • • • • • • • • • • • • • • • • • I. REQUEST FOR RELEASE OF SUBDIVISION IMPROVEMENT SECURITIES for Parcel Map 22885, Karl Buretz, Applicant. Rec: By Minute Motion, accept the subdivision improvements as complete and authorize the City Clerk to release the securities submitted in lieu of bonds for this project. J. RESOLUTION NO. 89-48 - A Resolution of the City Council of the City of Palm Desert, California, Approving the Recycling Policy for the City of Palm Desert. Rec: Waive further reading and adopt. K. REQUEST FOR RELEASE OF AGREEMENT Between the City of Palm Desert and Cook Corporate Center. Rec: By Minute Motion, authorize the Mayor to execute a Release of Agreement and direct the City Clerk to provide recordation of said agreement. L. RESOLUTION NO. 89-49 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Files for the Department of Finance That Have Been Microfilmed. Rec: Waive further reading and adopt. M. REQUEST FOR APPROVAL of Joint Powers Agreement (Contract No. 00-364) for Disaster Preparedness. Rec: By Minute Motion, approve the Contract/Agreement No. 0_02364 with the County of Riverside and authorize the Mayor to execute same. N. REQUEST FOR APPROVAL of Asphalt Transfer of Temporary El Paseo Parking. Rec: By Minute Motion, authorize payment to Allred 8 Kyser in the amount of $4.200 with funds to come from the Public Works Department Street Project Account. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 1989 • • • • • • • • • • * • • • • • • • • * r • • • * 0. REQUEST FOR AUTHORIZATION to Submit a Request to the Riverside County Transportation Commission for Measure "A" Funding. Rec: Waive further reading and adopt Resolution No. 89-50, approving the submission of a request for Measure "A" funding to the Riverside County Transportation Commission. P. REQUEST FOR CONSIDERATION of Staff Recommendations Relative to The Joslyn Cove Communities Senior Center. Q. Rec: By Minute Motion, approve the findings and recommendations as contained in the memorandum dated May II, 1989. REQUEST FOR CONSIDERATION of the Creation of a Small Business Development Center on the Campus of the College of the Desert. Rec: By Minute Motion, concur with the recommendatior of the Economic Development Advisory Committee and instruct staff to cooperate with C.O.D. in the establishment of a Small Business Development Center. Councilman Crites asked that Item P be removed for separate discussion under the Consent Items Held Over portion of the Agenda. Mayor Wilson asked that Item F also be removed for separate discussion. Upon motion by Crites, second by Benson, the Consent Calendar with the exception of Items F and P, was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A MS. MARGERY HARTNETT, 48-624 Moon Terrace, addressed the Council and read a prepared letter and asked that the request for lighted tennis courts adjacent to her property be denied when it is reviewed by Council (attached hereto and made a part hereof as Exhibit "A"). Mayor Wilson asked that staff look into this matter and report back to the Council at the next meeting. VII. RESOLUTIONS None 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 1989 VIII. ORDINANCES For Introduction: None For Adoption: None IX. CONSENT ITEMS HELD OVER F. REQUEST FOR THE SCHEDULINGof a Public Hearing to Consider the Vacation of a Portion of Street Right -of -Way Known as Palm Desert Drive South (Frontage Road) East of El Paseo. Mayor Wilson asked for clarification of this item. Mr. Phil Drell stated that this street vacation would implement the conceptual design of the superblock for the area. He said the existing Desert Magazine building would be restored and buildings built out toward the corner. He added that all of the proposed elevations would be provided at the public hearing. Upon question by Mayor Wilson, Mr. Drell responded that the project would have to be redesigned if the vacation was not approved. Mayor Wilson moved to waive further reading and adopt Resolution No. 89-47, scheduling a public hearing for June 8, 1989. Motion was seconded by Snyder and carried by unanimous vote. P. REQUEST FOR CONSIDERATION of Staff Recommendations Relative to The Joslyn Cove Communities Senior Center. Councilman Crites questioned the staff recommendation regarding appointment of a representative to the Board of Directors. He asked whether this individual would be a staff member or elected official. Mr. Shillcock responded that staff would recommend a Councllmember, but if Council wished, a staff member could serve as an alternate. He added that there were two vacancies to be filled. Mayor Wilson invited a representative from the Senior Center to address Council. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 1989 f * a * • i i A i • ! * • f ! f MR. WENDELL RYLEE, President of the Board of Directors for the Senior Center, stated that it was not the Board's intent that the vacancy be filled by an elected member of the Council. He asked that the Councilmembers appoint whoever they wish to serve on the Board, whether staff member or citizen. Councilman Crites moved to, by Minute Motion: 1) Approve the findings and recommendations as contained in the memorandum dated May 11, 1989; and 2) Direct that staff place the appointment to the Board of Directors on the Agenda for the next meeting. Motion was seconded by Kelly and carried by unanimous vote of the Council. X. NEW BUSINESS A. PRESENTATION OF HISTORICAL PHOTOS TO THE GEORGE PATTON MEMORIAL MUSEUM. Mrs. Gilligan stated that at the request of Councilman Crites, staff had had some of the photos hanging in the Administrative Building lobby reproduced . She said representatives from the Patton Museum were present to receive these photos. MS. MARGARET ROUCHE addressed the Council on behalf of the George Patton Museum and introduced Mr. Gregory Bruce Carroll. She said a flag burning ceremony would be held at 11:00 a.m. on June 14th and invited everyone to attend. Councilman Crites said he had represented the City at the Grand Opening of the Museum several months ago. He said he felt it was especially fitting for the City of Palm Desert to pass along some of its photos because the City was located on the site of General Patton's 3rd Army tank training base. He added that this was not just a memorial to General Patton but was a memorial to an entire cadre of men and women who fought for their country and its ideals. He and Mayor Wilson presented the photos, expressing the Counc i 1 ' s sincere gratitude for the time and effort involved in this project and extending the City's best wishes. B. PRESENTATION BY SCOTT VAUGHN, GENERAL MANAGER OF KESQ-TV. Mr. Altman said he had met with Mr. Vaughn several months ago regarding the possibility of KESQ moving its permanent headquarters to Palm Desert. He said they were interested in locatttmg on the Civic Center sit He added that the 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 1989 * • • • • • • • * • • • * * • * • • * * * a * * * Economic Development Committee had heard the presentation and recommended endorsement by the City Council. MR. SCOTT VAUGHN addressed the Council and reviewed his May llth letter (attached hereto and made a part hereof as Exhibit "B"). Councilman Crites moved to, by Minute Motion, refer this matter to staff to negotiate and report back to Council. Motion was seconded by Kelly and carried by unanimous vote. A. CONSIDERATION OF THE ESTABLISHMENT OF A UNIFORM TRANSPORTATION MITIGATION FEE. Mr. Erwin asked that the Council not adopt the resolution setting the fee at this time because it would be considered during the public hearing at the next Council meeting. He reviewed the two agreements included in the packets, noting that one was an amendment and restatement of the joint powers agreement of CVAG, while the other was an implementation agreement authorizing CVAG to manage and administer the regional transportation program. He said a third item to be considered by the Council at this time was introduction of the ordinance establishing the Transportation Uniform Mitigation Fee in Palm Desert. He offered to answer any questions. Councilman Kelly questioned the need for three arbitrators as indicated on page 14 of the implementation agreement and said he felt three would extend rather than shorten the time and would cost more. He felt most arbitration could be settled in one day and that only one arbitrator should be used. Mr. Erwin responded that it was sometimes difficult to get two disagreeing parties to agree on one arbitrator. He offered to contact the other cities to get their opinions and then report back with a recommendation to the Council. Mayor Wilson said the issue of arbitration was discussed by the CVAG Executive Committee, and two cities voted against it (Indian Wells and La Quinta), not stating specific reasons for their objections but opposed to the word "arbitration". 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 1989 s r * . * . a . . r * a . * * • . s * * s 1 ■ * • Councilman Kelly moved to: 1) By Minute Motion, approve the Amendment and Restatement of the Joint Powers Agreement of the Coachella Valley Association of Governments; 2) By Minute Motion, approve the Implementation Agreement Authorizing the Coachella Valley Association of Governments to Manage and Administer the Regional Transportation Program; and 3) Waive further reading and pass Ordinance No. 573 to second reading, establishing a Transportation Uniform Mitigation Fee. Motion was seconded by Snyder and carried by unanimous vote of the Council. Mayor Wilson thanked Councilman Kelly and the City Attorney for all of their efforts in this regard. He said he felt this was a fine step forward in trying to solve regional transportation problems. B. REPORT AND RECOMMENDATION ON CITIZEN REQUEST FOR FORMAL OPPOSITION TO THE PALM SPRINGS RACEWAY. Mr. Altman stated that Council had asked staff at its last meeting to report back regarding this matter. Mr. Diaz reported that the matter had been continued by the Riverside County Planning Council basically because of a great deal of opposition received from residents in the Palm Springs area. He said staff was in the process of reviewing the Environmental Impact Report, and although staff did not feel there would be any direct impact on the City of Palm Desert, the indirect impacts could be of some concern. He asked that Council direct staff to continue reviewing the EIR and report back with concerns. Council concurred. C. CONSIDERATION OF THE APPROVAL OF VOLUNTARY WATER USAGE SIGNS FOR RESTAURANTS. Mr. Frank Allen, Director of Code Compliance, reviewed his memorandum dated May 5th, noting that the cost would be approximately $1,500 for 10,000 signs ($250 for design and artwork, $1,250 for printing of signs). He suggested that the restaurants be contacted prior to printing of the signs to see if there is sufficient support for this program, and he offered to conduct the survey. Councilmember Benson stated that although she was in favor of conserving water, she would like the Coachella Valley Water District to tell the Council that there is a shortage of water. She said every time the District is asked, the say there is no shortage- She added that she 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 1989 • • • • • • • • • • • • • ■ • • • • • • • • • ■ did not believe in conserving water just in the restaurant areas when there was a bigger misuse of water by people letting their hoses run into the street or running water in their sinks. Mayor Wilson responded that this suggestion had come from a constituent who had picked up a restaurant card in San Luis Obispo. He said one of the basic philosophies behind it was not that there is a drought or shortage of water now but was to raise the consciousness level and make people think about saving water. With Council concurrence, staff was directed to conduct a survey of restaurants and report back to the Council. D. REQUEST FOR APPROVAL of Bike Path System. Mr. Diaz and Mr. Phil Joy reviewed the memorandum dated May llth and offered to answer any questions. Upon question by Councilman Crites, Mr. Joy stated that there was already a bikepath on Monterey Avenue from Frank Sinatra to Interstate 10, and the City would be connecting up to Frank Sinatra from Magnesia Falls on the east side of Monterey Avenue. Upon question by Councilmember Benson, Mr. Diaz responded that there was not sufficient width to put in both the bikepath and a sidewalk. Mayor Wilson suggested looking into the possibility of doing a dual bikepath/sidewalk in that area. Mr. Diaz responded that staff could look into putting in a sidewalk as far as possible and make it part of the grade. However, if the Riverside County Transportation Commission asks that the City choose between one or the other, staff would recommend that the Council choose the bikepath. Councilman Crites asked where the Palm Valley Channel bikepath would begin and end. Mr. Diaz responded that it would go the entire length of the Channel and eventually down to Highway III. After additional discussion, Councilman Crites stated that he wanted to be sure there would not be any Class I1I bikepaths In the City's North Sphere (shared use with pedestrian or motor vehicle traffic). Mr. Diaz responded that staff would be sure these were not part of the plan. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY II, 1989 • * i • • • * i * * • * * • * * * • * * * * • * * Councilmember Benson moved to, by Minute Motion, authorize staff to implement bike path system and endorse 20 foot perimeter wall setback policy. Motion was seconded by Kelly and carried by unanimous vote of the Council. E. INFORMATIONAL ITEMS: 1. UPDATE ON PALMER CABLEVISION. Mr. Ortega stated that he would distribute to Council copies of the report he had received relative to alternative ways to receive television signals over the air. 2. UPDATE ON SIDEWALK ALONG PORTOLA AVENUE FROM CASABLANCA TO THE PORTOLA FIRE STATION. Mr. Folkers reviewed his memorandum, stating that the project had now been completed. XI. CONTINUED BUSINESS A. CONSIDERATION OF NEW SIGN PROGRAM FOR MUSIC PLUS AT THE ONE ELEVEN TOWN CENTER (PAD 1) - Continued from the Meeting of April 27, 1989. Mr. Diaz reported that this item had been continued from the April 27th Council meeting. He added that representatives from Music Plus were present to review the sign plans. MR. MARK WESLEY, 2550 South Alameda, Los Angeles, read a prepared statement, noting that he felt the sign was attractive and professionally designed. He said his firm had received letters of appreciation from several cities and had also received awards for the buildings and signs. He said they had complied with all criteria for the center, including colors, and had back lighted the sign at the suggestion of one of the Councilmembers. He said he felt the blue color was attractive and would be well received in Palm Desert. MR. ALISTAIR CUMMINGS, 1125 Lake Street, Berkeley, said he felt signs serve not only to identify the business but also add to the atmosphere. He displayed a sample of the blue, back lit sign with a brushed silver metal border. Upon question by Mr. Diaz, Mr. Cummings responded that the metal coulf be painted. Mr. Diaz su( -sted that the sign 10 MINUTES ,REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 1989 ii * * i • • * * * • * • * • • * * * * r i i # * * be put up back lit with the white light, with the applicant agreeing to paint the metal finish to match the color of the building if the Council finds that it is too bright. Mr. Wesley said he would agree to that condition. Councilmember Benson said she was adamantly opposed to the rust color, and Mr. Wesley agreed to making the plus sign blue. Councilman Crites moved to, by Minute Motion, approve the sign as displayed by the applicant with white back lighting, a blue plus, and with the brushed metal finish to be painted to match the color of the building If the Council finds it is too bright. Motion was seconded by Wilson. Mayor Wilson commended Music Plus and its representatives for their efforts in attempting to mitigate the Counc_il's concerns regarding the sign. Mayor Wilson called for the vote. Motion carried by unanimous vote of the Council. B. REQUEST FOR APPROVAL OF AIR-CONDITIONING SCREENS FOR CHARTER COMMUNITIES, HACIENDA DE MONTEREY. MR. NORM REYNOLDS, 44-600 Monterey Avenue, verified that the Councilmembers had had the opportunity to drive by and view the mock-up they had on the roof to screen the air conditioning units. He showed several pictures of these screens. Mayor Wilson said he felt the new screens were quite an improvement and that the applicant had decided to screen the individual units instead of going around the entire building. Councilman Kelly moved to, by Minute Motion, approve the new air conditioning screens for Charter Communities, Hacienda de Monterey. Motion was seconded by Benson and carried by unanimous vote of the Council. C. REQUEST FOR APPROVAL AND FUNDING FOR ENVIRONMENTAL AWARD OF EXCELLENCE. Mr. Diaz reported that at the request of Councilman Kelly at the last meeting, he had received the initial pricing for the tile plaques, using the Palm Desert logo. He said prices ranged from $17.50 to $30.00 per tile, depending on the number of colors. He said staff's recommendation was MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 1989 * * * * * * * * * * * * * * * * * * * * * * * * * to use the City logo with all of the colors, and this would cost $30.00 per tile and would include gold engraving. He added that this tile plaque could either be hung on the wall or placed on a table. Councilman Kelly moved to, by Minute Motion, approve the staff's recommendation for use of the City logo and colors for the Environmental Award of Excellence tile plaque at a cost of $30.00 per tile. Motion was seconded by Crites and carried by unanimous vote of the Council. XII. OLD BUSINESS A. REQUEST FOR SUPPORT FOR THE RIVERSIDE COUNTY'S HOUSING AUTHORITY IN THE ACQUISITION OF THE INDIAN SPRINGS MOBILE HOME PARK. Mr. Altman stated that Council had discussed and taken action on this matter at the Special City Council meeting Monday, May 8th. Mr. Ortega added that the County Board of Supervisors had considered the matter at its meeting on Tuesday, May 9th, and had postponed it because the supervisors wanted a report on what effect the acquisition would have on the rents of the mobile home owners. XIII. REPORTS AND REMARKS A. CITY MANAGER 1. CONSIDERATION OF THREE-MONTH WINTER INTERNSHIP FOR NEW ZEALAND YOUTH. Mr. Altman reviewed the memorandum dated May 4th, noting that a letter had been received from a resident of Gisborne, New Zealand, Palm Desert's sister city, requesting "holiday employment" for three months from mid -November 1989 until late February 1990. Councilman Crites moved to, by Minute Motion, direct the City Manager to continue working on such a program and to move forward with it. Motion was seconded by Kelly and carried by unanimous vote. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 1989 • * * • * * • s * • * ■ • * ■ s s * * * * ■ * * * 2. PAYMENT TO CVAG FOR COLMAC LEGAL FEES. Mr. Altman stated that this item had come up after the Agenda was posted and asked that Council add it to the Agenda for consideration. Councilman Crites moved to add this item to the Agenda as one which arose after the Agenda was posted. Motion was seconded by Benson and carried by unanimous vote of the Council. Mr. Altman stated that Palm Desert's portion of the legal fees in the Colmac matter was $500.00. He recommended that this amount be appropriated from the Unappropriated Reserve and that staff be authorized to pay $500.00 to CVAG. Councilman Kelly moved to, by Minute Motion, authorize the payment of $500.00 to CVAG as Palm Desert's portion of the Colmac legal fee and to appropriate the funds from the Unappropriated Reserve. Motion was seconded by Crites. Mayor Wilson reported for everyone's information that this matter was close to a settlement and that Colmac had agreed to pay a total of $2-1/2 million for mitigation measures in the Coachella Valley. Upon question by Councilman Snyder as to whether or not he should abstain from voting on this matter, Mr. Erwin responded that there was no legal requirement for him to do so. Mayor Wilson called for the vote. Motion carried by unanimous vote of the Council. B. CITY ATTORNEY Mr. Erwin asked that the Council adjourn its meeting to Closed Session to discuss litigation pursuant to Government Code Section 54956.9(a), Palm Desert vs. Indian Wells/SunTerra and to also discuss a personnel matter and property acquisition. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 1989 a • a • a • • • • • • • • • • • a • • • • • • a • C. MAYOR AND MEMBERS OF THE CiTY COUNCIL o City Council Requests for Action: 1. Clarification for ARCO Bus Shelter Agreement. Councilman Crites asked that this be held over to the 7:00 p.m. portion of the Agenda inasmuch as Mr. Craig Yamasaki of Arco had expressed a desire to be present during discussion of this matter. Council concurred. o City Council Committee Reports: 1. Councilmember Benson stated that she had attended a meeting of the City's subcommittee regarding ball fields. She updated the Council on the progress of this matter, noting that everyone on the Committee and the Desert Youth Sports Organization people were very pleased with the way things were progressing. She added that Rancho Mirage had projected March 1990 to go out for bids, with the possibility that the fields would be ready for play in 1991. Councilman Crites stated that as a result of Councilmember Benson's report, he felt this was the time to ask Mr. Diaz to put together a group of people to begin studying what should be put at the corner of Deep Canyon and Fred Waring if the date groves are to be removed. Mr. Diaz responded that the developer was anxious to sit down and discuss this with staff. and he asked that a Councilmember also participate in these discussions. Mayor Wilson appointed Councilmember Crites. 3. Councilman Snyder complimented Mayor Wilson for writing an excellent article regarding air quality problems. He said it was very well written and easy to understand. 4. Mayor Wilson stated that he had received a letter from one of the students who had participated in Student Government Day complimenting the City on its recycling program —and inquiring whether ar �.1-h i ng else was being 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 1989 • a a • • • • • • • • • • • • • • • • • a • • * • 1 done regarding environmental issues. He said he had answered the letter and had subsequently received another letter from this student offering his services to the City. Mayor Wilson asked if there might be some kind of summer intern program for him. Mr. Altman responded that this would be a good program and that staff would look into the matter and report back to Council. 5. Mayor Wilson stated he had heard that during joint meetings of the different unified school districts in the last several weeks, discussions had taken place regarding the need for a central repository for educational materials. He asked if the Council had any objections to his writing an exploratory letter advising the districts of the City's plans for a library and asking if they would be interested in working with us. Councilman Snyder said he had no problem with the overall philosophy but was concerned that there had already been so many problems with the library, and this might complicate matters. With no other Council comments, Mayor Wilson said he would send such a letter. XIV. ORAL COMMUNICATIONS - B None Councilman Kelly moved to adjourn to Closed Session at 5:40 p.m. pursuant to Government Code Section 54956.9(a), pending litigation (Palm Desert vs. Indian Wells/SunTerra), 54956.8, property acquisition, and personnel; said Closed Session to immediately follow adjournment of the Redevelopment Agency meeting. Motion was seconded by Crites and carried by unanimous vote of the Council. Mayor Wilson reconvened the meeting at 7:00 p.m. with no action announced from Closed Session. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION Clarification of Arco Bus Shelter Agreement (Councilman Crites) Councilman Crites stated that there were some concerns regarding what the Council's intent was regarding Arco's 15 MINUTES REGULAR PALM DESERT CiTY COUNCIL MEETING MAY 11, 1989 • * * . * * * * * * * . * . * * . . * * . * * * * providing a location for a bus shelter. He said Mr. Yamasaki wished to address the Council. MR. CRAIG YAMASAKI, representative of Arco, reviewed the history of this project, noting that he had submitted an exhibit to the Council which had been signed by the senior planner for SunLine and showed where the bus turnout lane and the shelter would be. He said it was his recollection that the diagram satisfied the condition as set forth in the Planning Commission resolution but that the City had never actually asked that Arco provide the shelter. He submitted a draft conceptual drawing of a shelter which he said would cost approximately $5,000 to $6,000 and was a variation of the "Urrutla design" and said Arco would be willing to provide this type of shelter and provide for its maintenance as far as pickup up trash, etc. He asked that the City provide for the future maintenance of the shelter as far as repairs. Upon question by Council, Mr. Phil Drell responded that the principle difference between this proposed shelter and the ones in the SunLine pilot program was the length because the SunLine shelter would include a telephone area. Council Comments/Questions: Crites: Felt if Arco was willing to build the shelter and provide ongoing trash detail, leaving only the major maintenance of the shelter to the City, they had more than met the condition and intent of the Council. Snyder: Felt that as far as landscaping and the water feature, this project was everything that had been promised, and he complimented Arco for the efforts. Wilson: Had envisioned something different for this corner, such as that in front of Eisenhower Medical Center on Bob Hope Drive. He asked that the Council consider whether to accept Arco's offer or instead have a bus stop through the SunLine program which is lighted and has a telephone. Kelly: Very important that the Council consider which shelter to have. Against shelters with signs but not in favor of having smaller shelters and would rather have one with telephone and lights. Mr. Altman suggested that the Council continue this item to the next meeting and ask that the Bus Shelter Committee meet to review this matter and prepare a report. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 1989 * * * * 1 * * * * * Councilman Crites asked whether this would delay the opening of the facility. Mr. Diaz responded that since the bus shelter was a specific condition of approval for the project, staff would not sign it off unless the Council specifically authorized that the condition be held in abeyance. Crites: Suggested that 1) the condition be held in abeyance until the Council makes a decision regarding the bus shelter, and 2) that Arco post a bond for the cost of the shelter they were proposing. Wilson: Asked if the Arco offer could be expanded to provide a shelter of the same size as the SunLine shelter. Mr. Yamasaki responded that his offer would stand as presented and that Arco had made this offer with the interpretation that they were under no obligation to provide a bus shelter. He said the only difference between the two shelters was the length and that the seating space was identical to that of the SunLine shelter. Councilman Snyder moved to continue this matter to the meeting of May 25th in order to allow the Bus Shelter Committee to review the matter and come back with a recommendation. Motion was seconded by Kelly. Mayor Wilson asked if the intent was that if this interferes with Arco's opening, they would be able to post a bond to cover this condition until the matter is resolved. Councilman Snyder said that he would amend his motion to allow Arco to post a bond for the cost of the proposed shelter if continuation of this matter should interfere with the opening of the facility. Councilman Kelly agreed to amend his second. Mayor Wilson called for the vote. Motion carried by unanimous vote of the Council. Councilman Crites asked Mr. Yamasaki to put in writing the issues he presented to the Council at this meeting. He agreed to submit a report. XVI. ORAL COMMUNICATIONS - C None 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 1989 • • • • • • • a • • • • • • • • • a • • • • • • • XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. CONSIDERATION OF THE APPOINTMENT OF A PLANNING COMMISSIONER TO FILL THE VACANCY CREATED BY THE RESIGNATION OF FAITH LADLOW. Mayor Wilson that this was a very difficult decision for the Council to make due to the many qualified applicants. Councilman Snyder moved to, by Minute Motion, appoint Mr. Sabby Jonathan to the Planning Commission to fill the vacancy created by the resignation of Faith Ladlow. Motion was seconded by Kelly and carried by unanimous vote of the Council. XVIII. PUBLIC HEARINGS A. CONSIDERATION OF A REQUEST FOR VACATION OF A PORTION OF STREET RIGHT-OF-WAY KNOWN AS SAN NICHOLAS AVENUE. Mayor Wilson declared the public hearing open. Mr. Folkers reviewed the staff report, noting that since the April 13th Council meeting when this public hearing was set, the applicant had acquired the property on the north side of San Nicholas Avenue, which would also require a public hearing for street vacation. He asked that the Council, after received any testimony, continue this hearing to the same date as the public hearing for the second street vacation. Mayor Wilson invited testimony from the applicant. MR. MIKE HOMME, 277 Santa Barbara Circle, addressed the Council and asked that this matter not be continued and that the Council vacate this portion of street right-of- way at this time. Upon question by Councilman Crites as to why the two public hearings should be held at the same time, Mr. Drell responded that staff felt it would be better to vacate the entire street rather than half at a time. Mr. Homme said he did not actually have ownership of the property to the north at this time because if was still in escrow. He said he would be much happier knowing that at least the south half of the street was vacated. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 1989 * * * * * * * * * a * * * • ■ * • a a a # • t * ■ Councilman Crites moved to waive further reading and adopt Resolution No. 89-54, vacating a portion of street right-of-way known as San Nicholas Avenue. Motion was seconded by Benson and carried by unanimous vote of the Council. B. CONSIDERATION OF A REQUEST FOR: 1. AN AMENDMENT TO GENERAL PLAN CIRCULATION ELEMENT CREATING AN INTERNAL CIRCULATION SYSTEM FOR THE SOUTHWEST QUARTER OF SECTION 4 T5S R6E; 2. AN AMENDMENT TO GENERAL PLAN USE MAP REDESIGNATING THE NORTHEAST CORNER OF COUNTRY CLUB DRIVE AND PORTOLA AVENUE FROM LOW DENSITY RESIDENTIAL TO OFFICE PROFESSIONAL; 3. A CHANGE OF ZONE TOTALING 22 ACRES AT THE NORTHEAST CORNER OF COUNTRY CLUB DRIVE AND PORTOLA AVENUE FROM PR-5 TO OFFICE PROFESSIONAL; 4. A PRECISE PLAN OF DESIGN FOR A 46,000 SQ. FT. OFFICE COMPLEX ON FOUR ACRES AT THE NORTHEAST CORNER OF COUNTRY CLUB DRIVE AND PORTOLA AVENUE; 5. A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT PERTAINS TO THE ABOVE CASES. PAMELA SMALLWOOD, APPLICANT. (Continued from the meeting of April 13, 1989.) Mayor Wilson noted that this was a continued public hearing and that the hearing was still open. Mr. Drell reviewed the revised staff report and showed a video presentation of the proposed project. He also reviewed the circulation element and the memorandum dated May llth regarding the reviewed roadway and access recommendation for Portola Avenue and Country Club Drive. Council Comments/Questions: Crites: Is there space for a bus bay, and is there a condition that the applicant will provide for and maintain a bus shelter? Will the applicant be required to plant the medians? Can the Council stipulate the type of landscaping that should be provided? What is staff's position regarding the maintenance of the medians? Mr. Drell responded that pending the Council's acceptance of this project, a condition would be added regarding the bus shelter. As far as the medians, the applicant would be responsible for half of the medians, and the type of 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 1989 landscaping material could be stipulated. As far as maintenance, the landscaping of the Country Club medians is an assessment district. On Portola Avenue, only half of the median would be in the City. Kelly: Suggested putting in a smaller median and completing both sides. Wilson: Since the median would be so small, couldn't the developer be required to put in the entire median? Mr. Folkers responded that this was one option. Crites: With the potential expanded intersection, does that mean part of it will be built now and then the City will go back in the future and tear it out? Mr. Drell responded that the widening would occur now, but the dual left turn lanes would not be put in until they are needed. Mr. Seyed Safavian, Traffic Engineer, distributed and reviewed the conceptual plan prepared in response to Council's questions regarding future intersection improvements. Mr. Folkers stated that the intersection would be done in phases. He said it was a matter of timing as far as dollars and development in the area; there is neither the money nor the need for the entire expanded intersection at this time. Mayor Wilson invited testimony in FAVOR of this request. MR. MIKE HARRIS, 64-505 Via Monte, Palm Springs, spoke as the applicant's partner. He said they were excited about the project and wanted to move forward with it. He concurred with staff's report. MR. LEE HUTCHINSON, 7077 Main Street, Scottsdale, spoke as the project architect. He said he felt the project would blend in well with the surrounding land uses. He said the applicant had worked to provide additional landscaped buffered areas on Portola and Country Club with water features, had reduced the floor/area ratio and provided more open space than required by the City, and had worked with homeowners' associations in the area and received letters of support from them for the project. He said this pies— of property was relatives v small and was not 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 1989 * * . * * * * * * . . * • * * appropriate for residential because there was not enough space to adequately screen a project of this size and shape from the traffic on Portola and Country Club. He added that he felt the proposed development was an appropriate use of this corner and would have the least negative impact. He offered to answer any questions. Crites: At the last meeting, one of the representatives made an offer that the landscaping could be done in a lush, tropic look or a desert theme. Is that offer still true? Would like to make sure the landscaping is designed to effectively use a minimal amount of water but still be attractive. Mr. Hutchinson responded that it was but that lush, green landscaping could still have low water usage. Said he would work with staff to be sure the landscaping is designed within these guidelines. Benson: Is there excess height on one of the towers? Mr. Hutchinson responded that the project was within the height limitations on 90% of the building. MR. HAROLD HOUSLEY, Project Engineer, 45-175 Panorama Drive, expressed concern that all of this tack is about something that will not be happening until some time in the future, such as bus routes, etc. With respect to the other corners, particularly the southwest corner, he said it looked like there was a high voltage line that would be in the way, especially at the fire station. Mr. Folkers responded that Mr. Housley was right about the high voltage lines and that it was staff's intent to hold the curb line by the fire station as a fixed point and then work around it. As far as the bus routes, there were no buses in the area at this time, but the assumption needs to be made that there will be buses on those streets in the future. He said the intent was to design the intersection now so that whatever is needed in the future can be done. MR. DAN BEAN, 1000 No. Farrel 1 Drive, Suite 206, Palm Springs, said he represented Mr. Keiter, the owner of one of the parcels staff was recommending be excluded from the zone change. He said he hoped the Council would consider this proposal to change the General Plan and rezone the property to office professional and let the natural course of events take their shape. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY II, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • MR. GEORGE KEITER spoke as the owner of one of the properties in question and said he was not in favor of the 25% reduction in developing the office professional. He said he felt an office professional project could be built on the property that would be looked upon with favor by the City and would be in good taste. He said there were plans to develop it in such a way that it would also have a child care center in it. He said he believed that by permitting them to develop the property as office professional instead of residential, they could do the type of job that made sense. Mayor Wilson declared the public hearing closed. Wilson: If the Council approves just these two parcels, does that preclude other property owners from requesting consideration of a zone change to office professional? Benson: Would they be bound by the 25% floor/area ratio or considered individually? Mr. Diaz responded that if the owner applied separately and since the 25% is a mitigation measure identified through the EIR process, a finding would have to be made that there was a change in the environment and that particular mitigation measure would not have to be applied to this parcel. It might be determined at that time that less than 25%, would be necessary. Crites: Felt it was time for the City to finish intersections early in the process so that it is not necessary to keep going back and redoing them. Kelly: Felt the proposed project was a good use for that particular location. Liked the idea of the 25% floor/area ratio. Felt it was very important that a bus turnout be put in. Crites: Asked that four conditions be added: 1) Developer shall build and maintain a bus shelter or bus shelters, with design first to be approved by the City of Palm Desert and then submitted to SunLine Transit Agency for approval; 2) Developer shall pay for and install half the median on Country Club and the full median on Portola Avenue; 3) Developer shall be willing to join appropriate landscape maintenance districts for the maintenance of the Country Club and Portola medians; and 4) Maximize water efficienaAd of landscaping through '^-e use of appropriate 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING . * . . •. . . . * . . . . MAY 11, 1989 . * . • * * . * * . * plant type and plant placement to be accomplished through cooperative efforts with Planning staff. Mr. Diaz asked for clarification on the median condition and asked whether it meant the full median as shown to protect the left and right turn. Councilman Crites responded yes. Mayor Wilson reopened the public hearing. Mr. Housley stated he understood the additional conditions and felt they were acceptable. Snyder: Felt the restrictions put on this project were adequate and proper. Commended staff for their approach and felt the rest of the area should be considered the same way. Mr. Keiter said he currently had a subdivision tract map before the Planning Commission and asked if it could proceed. Mr. Diaz responded that staff would process the tract map as quickly as possible. Mayor Wilson declared the public hearing closed. Councilman Snyder moved to: 1) Waive further reading and adopt Resolution No. 89-36�, approving an amendment to the Circulation Element GPA 89-2; 2) Waive further reading and adopt Resolution No. 89-37; approving an amendment to the Land Use Element GPA 89-2; 3) Waive further reading and pass Ordinance No. 572 to second reading, approving the change of zone; 4) Waive further reading and adopt Resolution No. 89-38 approving Precise Plan 89-1, subject to conditions as set forth in the new staff report and added by Councilman Crites as stated above; and 5) By Minute Motion, approve a Negative Declaration of Environmental Impact as ft pertains to the above cases. Motion was seconded by Kelly and carried by unanimous vote of the Council. XIX. ORAL COMMUNICATIONS - D MR. SANDY BAUM, 45-800 Deep Canyon, expressed concern with consistency in the beautification of the City, especially regarding the bus shelter program. He asked how many locations were involved in the SunLine program. Mayor Wilson responded that there would be 25 locations in the first installation of the program. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 1989 . * * * * * . * . * . Mr. Baum asked who would be paying for all of the shelters, how long the program would last, what would happen afterward, etc. He also questioned putting in different styles of shelters throughout the City. Mr. Altman responded that the Bus Shelter Committee would be reviewing all of this and preparing a report for the next Council meeting. Mayor Wilson called everyone's attention to the Future Meetings listed on the Agenda. XX. ADJOURNMENT Upon motion by Crites, second by Snyder, and unanimous vote of the Council, Mayor Wilson adjourned the meeting at 9:10 p.m. ATTEST: SHEILA R. GILIGAN, CITY/ LERK CITY OF PALM DESERT, CAL ORNIA 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 1989 EXHIBIT "A" May 11, 1989 CITY OF PALM DESERT Attn: City Council Members Re: Southeast corner of Mesa View and State Highway 74 Gentlemen: A copy of Chapter 25.54 (SP SCENIC PRESERVATION OVERLAY DISTRICT) is attached. The purpose of my appearance today relates to the manner in which the above referred property has been developed. It appears that this Ordinance may have been violated as to the Paragraph 25.54.030, which lists six development standards. Two of the standards, "A. Preservation of scenic vistas" and "D. Building heights", particularly concern me. The Ordinance states that "the design review board shall be concerned with at least these standards". My purpose in this presentation is not to suggest that the project be stopped. It is too late for that, but you, as the City Council, might review the history of this development, including the "pad certifications" mentioned in the letter from the City dated 8/31/88. This is the only development on the alluvial plain to be approved with disregard for adjacent properties, as far as I can determine. The dwellings on Sageflower in Indian Hills have not only lost their "scenic vistas" but their view is of the windows of the house on the southerly pad. Now, a mention of the current problem. A sunken tennis court is not difficult to arrange if the surrounding land is raised high enough. The tennis court exists. Another owner of an Indian Hills condo has informed me that there has been a request made to the Planning Commission by the developer for lights to surround the tennis court. To refer back to 25.54.030, the sixth standard is "F. Mitigation of excessive noise impacts." There are at least six private patios on the perimeter properties of Indian Dills which would cease to be enjoyable in the evening if lighting is permitted for the tennis court on adjacent property. We chose perimeter lots in order to enjoy quiet and privacy. I strongly recommend that the request for a lighted tennis court on that property be denied. Sincerely, t{n ManrgergeHar nett 1'. O. ox 2564 (48-624 Moon Terrace, Indian Hills) Palm Desert, CA 92261 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 1989 * * * * * * * * a * * * * * * * * * * * * * * * .* EXHIBIT "A" 25.54.010--25.54.040 Chapter 25.54 SP SCENIC PRESERVATION OVERLAY DISTRICT Sections: 25.54.010 Purpose. 25.54.020 Permitted and conditional uses. 25.54.030 Development standards. 25.54.040 Specific standards. 25.54.010 Purpose. It is the purpose of the scenic preservation overlay to designate those scenic corridors which have a special aesthetic quality and to provide the opportunity for special standards for development in these areas to protect that quality. (Ord. 97 Sl(part), 1975: Exhibit A S25.31-1). 25.54.020 Permitted and conditional uses. Any per- mitted or conditional use which is allowed within the base district shall be allowed; provided, that it shall first be reviewed and approved by the design review board and/or planning commission which shall have taken specific notice of the fact that such development is within a scenic corridor as noted within the city's general plan. (Ord. 97 SI(part), 1975: Exhibit A S25.31-2). 25.54.030 Development standards. The development stan- dards of the underlying base district, in addition to any conditions which may be required by the design review board, shall apply. The design review board shall be concerned with at least the following: A. Preservation of scenic vistas; B. Setbacks; C. Landscaping; D. Building heights; E. Signs; F. Mitigation of excessive noise impacts. (Ord. 97 S1(part), 1975: Exhibit A S25.31-3). 25.54.040 Specific standards. All SP designations added to the R2 and R3 residential districts on the zoning map shall be limited to one story, with the maximum height determined by the line of sight criteria. (Ord. 97 S1(part), 1975: Exhibit A S25.31-4). 375 (Palm D 7t 8/87) 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11. 1989 • * * * * * * * * * * * * * * • • * • • • • * • * EXHIBIT "A" ©OftG. O i o egaiq 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (819) 346 0611 August 31, 1988 Ms. Margery B. Hartnett P. 0. Box 2564 Palm Desert, CA 92261 Dear Ms. Hartnett: This letter Is in response to your comments and concerns expressed at the City of Palm Desert's Planning Commission Meeting of August 16, 1988, as well as your letter dated August 25, 1988, addressed to that same body. First of all, let me apologize for the apparent delay in responding to your questions and concerns. Due to staff shortages (vacations) and the recent storm situations, our response to certain issues has been less than desirable. The project in question was approved by the Palm Desert Planning Commission on November 4, 1986, by Resolution No. 1190. On December 16, 1986, a City of Palm Desert Stockpile Permit was issued to the property owners. This permit allowed the importing of fill material in anticipation of a grading operation. The site grading plan was first submitted to the Public Works Department on August 11, 1987. Based upon our review of the proposed site grading plan, the project engineer was directed to reduce the proposed building pad elevations by one foot, as well as correct a number of additional design deficiencies. After a series of plan check/correction exchanges between the city and the project engineer, the grading plan was approved by the City Engineer on October 1, 1987. A City of Paim Desert Grading Permit was issued on October 2, 1987. In December of 1987, members of my staff, responding to concerns of adjacent property owners, Inspected the property to determine if the grading operation was In accordance with the approved project plans. That inspection revealed that Pad Number 2 was approximately two feet higher than approved. However, since the required pad height certification indicating that the grading was complete had not been provided to the city by the project engineers and since the grading operation was ongoing, no action was undertaken to request lowering of the pad elevation. Although there Is substantial work being undertaken at the project site, the pad certifications for the building pads have not been provided by the project engineer. Once the project reaches the point where they wish to pour concrete for the structure foundations, no further activity will be permitted unless the required pad certifications are submitted to, and approved by, the Public Works Department. In anticipation of that event occurring in the very near future, as well as your concerns, members of my staff visited the project site today to 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING EXHIBIT "A" Ms. Margery B. Hartnett Page 2 August 31, 1988 MAY 11, 1989 a * * a ■ . . * r • ; determine the current building pad elevations as they relate to the approved grading plans. The results of that field check Indicate that the actual building pad elevations for Pad Nos. 2 and 3 are within acceptable tolerances (t 0.1 feet) of the approved elevations. The field elevations for Pad Nos. 1 and 4 (the most northerly and southerly pads) could not be determined since the grading for these pads Is still underway. 1 hope that I have been able to address most of your concerns. If you wish to meet with me to discuss this issue further, please feel free to contact me or my secretary to set up an appointment. Very fly yours, RCHARD J FOLKERS, P.E. ASSISTANT ITY MANAGER/PUBLIC WORKS DIRECTOR RJF:JSG/ms cc; Honorable Mayor and City Council Bruce Altman, City Manager Palm Desert Planning Commission 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 1989 4 * * * * * * * * * * * * * * * * * * * * * * * * KESQ 1116.00.4"161 ;I TV fAhtlGs EXHIBIT "B" May 11, 1989 Palm Desert City Council Palm Desert City Hall STATION SEEKS PALM DESERT ADDRESS KESQ-TV, the local ABC television station presently located in Cathedral City, California, desires to build a new 15,000 sq. foot television broadcast facility and move its operations to a 1.5-acre site within the Palm Desert Civic Center Complex. BENEFITS TO_PAIM DESERT A. FUNCTIONAL AND ATTRACTIVE FACILITY 1. Planned, designed, and built by the Austin Company, the world's premiere broadcast facilities design and engineering firm. 2. KLSQ will attract and welcome local, regional, and national public figures to our broadcast facility, generating positive exposure for Palm Desert. '3. A credit to the people of Palm Desert. B. KESQ-TV WILL FEATURE PALM DESERT 1. Palm Desert's citizens, visitors, retailers, and its government all will have a higher level of exposure in our local programming including the KESQ-TV News, issue - oriented specials and entertainment programs. 2. Thousands of on -air references to Palm Desert each year during KESQ-TV News. 3. The community name of Palm Desert can be added to KESQ- 1V's legal station identification every hour on the hour. A 1988 change in FCC Regulations now makes this possible. 4. In addition, KESQ-TV runs an informal station identification dozens of times each day in conjunction with program promotion that is done on KESQ-TV. The FCC does not regulate these announcements and the name of Palm Desert can be featured prominently and often. P. O. Box 4200, Palm SprinAalifornla 92263 (619) 328-8881 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 1989 • R * i ! * ■ * ■ • * * * i * • * * * * 1 f ■ * * EXHIBIT "B" Page 2 5. The Palm Desert. Civic Center offers a view opportunity that adequately brings together all of the visual appeal elements of the Coachella Valley; palm trees, open green areas, striking modern architecture,, beautiful mountain skyline. KESQ-TV has numerous ways to use that view which would provide immense long-term public relations benefits to the City of Palm Desert. 6. The proximity of the KESQ-TV studio to the College of the Desert, The McCallum Theatre, and the proposed Civic Center Park which will include an Amphitheater, sports facilities and sculpture garden, offer numerous and varied opportunities for KESQ-TV to depict Palm Desert positively as the setting for our local public affairs, entertainment, and informational programming. 7. A new facility will enable KESQ to add many additional hours of local progrannning, such as...more news, a magazine show, public affairs programs, and live event programs like Palm Desert Golf Cart Parade, and telethons. More local programs means more opportunity to depict Palm Desert positively. C. SPOT ANNOUNCEMENT SCHEDULE 1. There is no more powerful marketing medium than television. Television can be used to change how people feel and how they behave. KESQ-TV can be used to make positioning statements about Palm Desert and all it has to offer. KESQ-TV can help shape attitudes about Palm Desert as a retail center, resort destination, or as the valley -wide leader in government cooperation. 2. Local precedent - KESQ-TV supports local cable TV companies with on -air announcements. D. REGIONAL AND NATIONAL ATTENTION 1. Positive public relations attention for Palm Desert will be called because of KESQ-TV's marketing and promotion activities nationwide. KESQ-TV hopes that the City of Palm Desert recognizes these significant benefits and accordingly can offer KESQ a long-term lease opportunity that directly addresses our compelling money problem. 30