HomeMy WebLinkAbout1990-12-13AvIINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, DECEMBER 13, 1990
CIVIC i,rry 1 rat COUNCIL CHAMBER
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I. CALL TO ORDER
Mayor Snyder convened the meeting at 4:00 p. m.
II. PLEDGE OF ALLEGIANCE - Mayor Walter H. Snyder
III. INVOCATION - Mayor Pro-Tempore Richard S. Kelly
IV. ROLL CALL
Present:
Councilmember Jean M. Benson
Councilman Buford A. Crites
Mayor Pro-Tempore Richard S. Kelly
Councilman S. Roy Wilson
Mayor Walter H. Snyder
Also Present:
Bruce A. Altman, City Manager
David J. Erwin, City Attorney
Sheila R. Gilligan, City Clerk/P.I.O.
Carlos L. Ortega, ACM/RDA Executive Director
Paul Shillcock, ACM/Director of Economic Development
Paul S. Gibson, Finance Director/City Treasurer
Richard J. Folkers, ACM/Director of Public Works
Ramon A. Diaz, ACM/Director of Community Development/Planning
Pat Conlon, Director of Building & Safety
Frank Allen, Director of Code Compliance
V. CONSENT CALENDAR
A. MINUTE of the Regular City Council Meeting of November 8,1990, and the Adjourned
City Council Meeting of November 29, 1990.
Rec: Approve as presented.
MINUTES
REGULAR MEETING OF THE PALM DESERT CITY COUNCIL DECEMBER 13, 1990
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B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos.
WR1019, WR1100, WR1103, WR1107, WR1109, and WR1112.
C-1.
Rec: Approve as presented.
APPLICATION FOJ ALCOHOLIC BEVERAGE LICENSE by Theodor A. Hane for
Bon Appetit, 73-640 El Paseo, #1 & 4, Palm Desert.
Rec: Receive and file.
C-2. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Kenneth Williamson,
Inc., for Palms -to -Pines Chevron, 72-801 Highway 111, Palm Desert.
Rec: Receive and refer to the Department of Community Development for processing
of Conditional Use Permit.
C-3. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Calru Corporation for
Pasta Italia, 44-491 Town Center Way, #G, Palm Desert.
Rec: Receive and file.
D. CLAIM #159 AGAINST THE CITY by Evelyn Tina Gould in an Undetermined
Amount.
Rec: Deny the Claim and Instruct the City Clerk to so advise the Claimant.
E. MINUTES of the Palm Desert Civic Arts Committee Meeting of October 15, 1990.
Rec: Receive and file.
F. REOUEST FOR ACCEPTANCE OF WORK for Contract No. 00-427 for El Paseo
Handicap Ramp Construction and Sidewalk Repair Program, Allred & Kyser
Construction Company.
Rec: By Minute Motion, accept the work as complete and authorize the City Clerk
to file a Notice of Completion for the subject contract.
G. REOUEST FOR APPROVAL of Change Order No. 1 to Contract No. 00-437 for 1989-
90 Curb and Gutter and Cross Gutter Repair Program and a Notice of Completion for
Same.
Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of
$9,161.40; 2) Accept the work for Contract No. 00-437 as complete and
authorize the City Clerk to file a Notice of Completion.
H. REOUEST FOR AWARD OF CONTRACT NO. 00-491, for -Engineering Services for
Superblock III (for Eastbound Highway 111 Between Highway 74 and Lupine Lane).
Rec: By Minute Motion, award Contract No. 00-491 - Kicak & Associates for
engineer =- services with fees subject to succ --al negotiations by staff.
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REGULAR MEETING OF 'I PALM DESERT CITY COUNC: DECEMBER 13, 1990
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I. REOUEST FOR APPROVAL of Design Contract for Civic Center Corporation Yard.
Rec: By Minute Motion, authorize staff to enter into binding negotiations with the
existing architect to define the detail scope of work, fees, and schedule for the
design of the Corporation Yard and related facilities.
J. REOUEST FOR APPROVAL of Final Map for Tract 24289-R Reversion to Acreage
(Palm Desert Redevelopment Agency, Applicant).
Rec: Waive further reading and adopt Resolution No. 90-142, approving Tract No.
K. LETTER FROM GERARD ALEXANDRE Relative to Massage Room Permit.
Rec: Refer to staff for report and recommendation.
L. APPROVAL of the Issuance of Building Permit to Coachella Valley Housing Coalition
for Self -Help Housing Program.
Rec: By Minute Motion, authorize the Director of Building and Safety to issue a
building permit to the Coachella Valley Housing Coalition as an owner -builder
to begin construction of eleven homes under the Self -Help Housing Program.
M. REOUEST FOR APPROVAL of Proposed Motor Vehicle Collision Control Policy.
Rec: By Minute Motion, adopt the policy and instruct staff to implement same
immediately.
N. REOUEST FOR APPROVAL of Public Works Strike Team.
Rec: By Minute Motion: 1) Approve the concept of a Public Works Strike Team; 2)
Authorize the City Clerk to advertise and call for bids for a 3/4 ton 4-wheel
drive truck appropriately equipped and a trailer for carrying cones and
barricades.
O. REOUEST FOR APPROVAL of Change Order No. 1 to Contract No. 00-465 for
Additional Engineering Services for Monterey Avenue Storm Drain Project (Keith
Companies).
Rec: By Minute Motion: 1) Approve Change Order No. 1 to Contract No. 00-465 in
the amount not to exceed $10,000.00 for additional engineering services; 2)
Authorize the appropriation of funds in the amount of $10,000.00to the subject
contract.
P. REOUEST FOR AWARD OF BID for Curb and Gutter and Cross Gutter Repair
Program (Contract No. 00-485).
Rec: By Minute Motion, award the subject project to James E. Simon Company in
the amount of $116,960.20 and authorize a ten percent contingency in the
amount of $11,696.02.
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MINUTES
REGULAR MEETING OF THE PALM DESERT CITY COUNCIL DECEMBER 13, 1990
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Q. SOLUTION NO. 90-143 - A Resolution of the City Council of the City of Palm
Desert, California, Authorizing an Increase in the City's Credit Card Limit.
Rec: Waive further reading and adopt.
R. RESOLUTION NO. 90-144 - A Resolution of the City Council of the City of Palm
Desert, California, Authorizing City Councilmember Participation in the Public
Employees Retirement System and Authorizing Appropriation of $17,000to Account No.
110-4110-1115.
Rec: Waive further reading and adopt.
S. REOUEST FOR APPROVAL of Highway 74 Entryway Sign and Street Signs.
Rec: By Minute Motion: 1) Authorize the Mayor to enter into an agreement with
Rock and Waterscape, Inc., for the provision of one entryway sign with water
feature and flag poles and 10 to 12 street name signs (Contract No. 00-493); 2)
Make a finding pursuant to Palm Desert Municipal Code Section 3.32.090
Exemptions, that this project is by nature unique, therefore exempt from the
normal bidding process.
T. REOUEST FOR APPROVAL to Purchase Electrically Powered Utility Vehicle for the
Civic Center Park Maintenance.
Rec: By Minute Motion: 1) Authorize the City Clerk to advertise and call for bids
for the purchase of an electrically powered utility vehicle for the Civic Center
Park maintenance; 2) Authorize staff to utilize 1990-91 appropriated funds from
Account 110-4360-4045 for the purchase of the electric utility vehicle, replacing
the gasoline powered vehicle.
U. LETTER OF RESIGNATION from Ms. Kathleen Clewell from the City's Art -in -Public -
Places Subcommittee.
Rec: Receive with sincere regret.
V. REOUEST FOR APPROVAL of Contract with Jonathan and Associates for Consultant
Services in the Preparation of a Fiscal Impact Report for the Annexation of the Area
North of Country Club Drive (Contract No. 00-494).
Rec: By Minute Motion, authorize the Mayor to execute a contract for consultant
services with Jonathan and Associates for preparation of a Fiscal Impact Report
for annexation of the area north of Country Club Drive from Avondale Country
Club east to Washington Street in an amount not to exceed $12,375, which
includes a 10% contingency, said funds to be appropriated from Account 4170,
Annexation Studies.
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REGULAR MEETING OF ' PALM DESERT CITY COUN DECEMBER 13, 1990
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W. LETTER from Citizens for the Chuckwalla Valley Relative to the Proposed Eagle
Mountain Project.
Rec: Receive and file.
X. LETTER from Mr. Robert F. Smith Relative to the Haystack/Calliandra Greenbelt.
Rec: Receive and file.
Y. CITY ATTORNEY'S REPORT on Preference for Local Architects.
Rec: Receive and file.
Z-1. REOUEST FOR APPROVAL of Contract with David Evans & Associates for
Preparation of Grading and Civil Engineering Drawings for Civic Center Addition
(Contract No. 00-495).
Rec: By Minute Motion: 1) Approve Contract No. 00-495 with David Evans &
Associates in the amount of $7,500.00 for the preparation of the grading and
civil engineering drawings for the Civic Center addition; 2) Appropriate
$8,250.00 (which includes a $750.00 contingency) from the unobligated New
Construction Tax Reserve.
Z-2. REOUEST FOR APPROVAL of Contract No. 00-496 with T. Tamaru, Inc. & Associates
for an Administrative Telephone System Analysis and Recommendation.
Rec: By Minute Motion: 1) approve Contract No. 00-496 and authorize the City
Manager to execute same; 2) Appropriate $15,000 from Unappropriated
Reserve.
Councilman Wilson asked that Items I and Z-1 be removed for separate discussion under the
Consent Items Held Over portion of the Agenda. Mayor Pro-Tem Kelly removed Items H and
Y, and Councilman Crites removed Items M, R, and Z-2.
NOTE: Item J was removed and considered as Public Hearing Item G (Agenda Addendum
dated and posted 12/10/90).
Upon motion by Wilson, second by Kelly, and unanimous vote of the Council, the Consent
Calendar, with the exception of items H, I, J, M, R, Y, Z-1, and Z-2, was approved as presented.
VI. ORAL COMMUNICATIONS - A
MR. GERHARD BEFELD, 73-450 Country Club Drive, spoke as the owner of Suncrest
Country Club and read a prepared statement asking Council's support in obtaining a signal at
the entrance to the Club (attached hereto and made a part hereof as Exhibit "A").
Mayor Snyder stated that the Councilmembers felt very badly about the accident that occurred
in this area; however, he reiterated that Suncrest was in the County, not the City of Palm
Desert. He asked for staffs comments.
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REGULAR MEETING OF THE PALM DESERT CITY COUNCIL DECEMBER 13, 1990
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Mr. Folkers stated that since the accident, staff had been working with the Riverside County
Department of Transportation and would be meeting with them on • Monday to discuss
modifications to the median as well as signalization.
MS. ARLENE MALABY spoke as President of the Suncrest Homeowners Association and
expressed appreciation to the Council for its concern and any help in getting the signal approved
and installed.
Mayor Snyder called a 5-minute recess to allow members of the audience to leave.
VII. RESOLUTIONS
None
'VIE. ORDINANCES
For Introduction:
A. ORDINANCE NO. 624 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, REPEALING CHAPTER 8.28 OF THE PALM
DESERT MUNICIPAL CODE RELATING TO SMOKING IN CERTAIN PLACES
(Unnecessary - Covered by Chapter 8.36).
Mr. Allen reviewed the staff report, noting that Chapter 8.28 was adopted in 1975 to
prohibit smoking in the Council Chamber and conference rooms at the former City Hall
on Prickley Pear Lane. He said this particular chapter was no longer necessary because
Chapter 8.36 was adopted in 1986 regulating and prohibiting smoking in public places
and places of employment.
Councilman Kelly asked why smoking was allowed in the lobbies when the ordinance
states it is not allowed in public places.
Mr. Altman responded that the ordinance delegated to the City Manager the authority
to determine where smoking is allowed and not allowed.
Councilmember Benson said there were many statistics relative to second hand smoke
and that she was against allowing smoking in the lobbies. She felt smoking should be
banned completely from City Hall and asked that this ordinance be tabled and the matter
be referred to the Employees Association for comment on the issue of a total ban on
smoking.
Mr. Erwin clarified that this was basically a matter of having two ordinances on the
books, with the oldest one specifically directed to the Prickley Pear Lane location.
Councilman Crites moved to waive further reading and pass Ordinance No. 624 to second
reading. Motion was seconded by Benson and carried by unanimous vote of the Council.
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REGULAR MEETING OF PALM DESERT CITY COUNC DECEMBER 13, 1990
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B. ORDINANCE NO. 621- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, REPEALING CHAPTER 10.96 OF THE PALM
DESERT MUNICIPAL CODE RELATING TO RECREATIONAL VEHICLE
PARKING.
Mr. Allen reviewed the staff report, noting that recent legislation stated that the City had
no authority to prohibit parking of vehicles by type.
Councilman Crites asked whether this was a Attorney General opinion or if it was a law.
Mr. Erwin responded that he believed it was not a law.
Councilman Crites said he did not feel comfortable changing the City's regulations based on an
Attorney General opinion; he moved to TABLE Ordinance No. 625 until the Council is provided with
copies of the legislation banning the City from regulating parking of RV's on public streets. Motion
was seconded by Kelly and carried by unanimous vote of the Council.
C. ORDINANCE NO. 626 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, ESTABLISHING A NEW SPEED ZONE ON
PARKVIEW DRIVE FROM HIGHWAY 111 TO MONTEREY AVENUE.
Mr. Altman stated there was a staff report in the packets and that Mr. Folkers was
available to answer any questions.
Councilman Wilson moved to waive further reading and pass Ordinance No. 626 to second
reading. Motion was seconded by Kelly and carried by unanimous vote of the Council.
For Adoption:
A. ORDINANCE NO. 621 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF THE
MUNICIPAL CODE RELATIVE TO ESTABLISHING NEW SPEED ZONES ON
SHADOW MOUNTAIN DRIVE FROM PORTOLA AVENUE TO HIGHWAY 74
AND ON DE ANZA WAY FROM PORTOLA AVENUE TO PALM DESERT DRIVE
NORTH.
Mr. Altman stated that no changes had been made since introduction of this ordinance,
and he recommended its adoption.
Councilman Kelly moved to waive further reading and adopt Ordinance No. 621. Motion was
seconded by Benson and carried by a 4-1 vote, with Councilman Crites voting NO.
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REGULAR MEETING OF THE PALM DESERT CITY COUNCIL DECEMBER 13, 1990
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B. ORDINANCE NO. 622 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF THE
MUNICIPAL CODE RELATIVE TO ESTABLISHING NEW SPEED ZONES ON
ALESSANDRO DRIVE FROM SAN CARLOS AVENUE TO DEEP CANYON
ROAD.
Mr. Altman stated that no changes had been made since introduction of this ordinance
and recommended adoption.
Councilman Kelly moved to waive further reading and adopt Ordinance No. 622. Motion was
seconded by Benson and carried by unanimous vote of the Council.
C. ORDINANCE NO. 623 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT
AGREEMENT AND CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION
OF A TWENTY-TWO UNIT SENIOR HOUSING PROJECT ON THE EAST SIDE
OF SAN RAFAEL, SOUTH OF CATALINA WAY. CASE NO. CUP 90-18. WEBCO
PACIFIC. APPLICANT.
Mr. Altman stated that this ordinance was introduced at the last meeting and that no
changes had been made since that time. He recommended adoption.
Councilman Wilson moved to waive further reading and adopt Ordinance No. 623. Motion was
seconded by Benson and carried by unanimous vote of the Council.
IX. CONSENT ITEMS HELD OVER
H. REOUEST FOR AWARD OF CONTRACT NO. 00-491, for Engineering Services for
Superblock III (for Eastbound Highway 111 Between Highway 74 and Lupine Lane).
Councilman Kelly stated that Paragraph 3 of the staff report referred to Senate Bill 419,
and he asked whether a copy of that bill was available.
Mr. Folkers responded that staff was in the process of obtaining a copy and at the
present time had only a handout describing the bill.
Councilman Kelly expressed concern that before a contract is awarded using SB419 as
the basis for doing so, a copy of the actual bill should be obtained.
Upon question by Crites as to whether there would be a problem waiting on this item,
Mr. Folkers responded that because this involved dealing with CalTrans, staff would ask
that the Council proceed with the recommendation; he said he would provide a copy of
the bill to Council as soon as it is received.
Mr. Altman added that an alternative would be to approve the staff recommendation,
subject to review by the City Attorney to make sure the City is on safe legal ground.
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REGULAR MFEIING OF E PALM DESERT CITY COUN( DECEMBER 13, 1990
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Councilman Crites moved to, by Minute Motion, award the contract to Kicak & Associates for
engineering services with fees subject to successful negotiations by staff and subject to review by the
City Attorney to make sure the City is on safe legal ground. Motion was seconded by Benson and
carried by a 4-1 vote, with Councilman Kelly voting NO.
I. REOUEST FOR APPROVAL of Design Contract for Civic Center Corporation Yard.
Councilman Wilson said that several months ago Councilman Kelly had asked that staff
look into alternate locations for the baseball complex, with one of the suggestions being
the current Civic Center site, which might mean the removal of the corporation yard.
Mr. Altman responded that staff was at the present time gearing the baseball complex
toward Section 4, which was the City land at Portola and Frank Sinatra vs. the Civic
Center or the Hovley site. He said meetings had been held with neighboring residents
and that only one person from San Pascual had attended. From a staff standpoint, he
said it made more sense to keep the corporation yard at the Civic Center site.
Councilman Kelly said he still felt it would be more appropriate to have the corporation
yard out at the 20-acre Hovley site and that the Civic Center site was a more proper
place for ballfields because of other recreational facilities here and at College of the
Desert.
Mr. Altman suggested continuing this matter to the next meeting and said staff would
have a full report on the status of the ballfields at that time.
Councilman Kelly moved to continue this matter to the meeting of January 10, 1991. Motion
was seconded by Crites and carried by unanimous vote of the Council.
M. REOUEST FOR APPROVAL of Proposed Motor Vehicle Collision Control Policy.
Councilman Crites stated that one of the comments from the Palm Desert Employees
Organization (PDEO) dealt with the fact that the policy did not take into consideration
the amount of miles driven on a daily basis by some of the employees. He said that
giving the same number of points to an employee who drives only once a month, for
example, as to someone else who drives a City vehicle every day is not fair in terms of
potential liability to the City, etc.
Mr. Shillcock responded that this was the reason for the point system. It allows the
members of the Public Safety Committee to take into account factors like someone who
drives a larger number of miles versus someone who does not.
Councilman Crites said he would prefer to have it in writing in the policy that the
number of miles driven will be considered. Upon question by Mr. Altman, he suggested
that the wording be something like "One factor taken into consideration is the amount
of mileage accumulated on a weekly or monthly basis by the employee."
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REGULAR MEETING OF THE PALM DESERT CITY COUNCIL DECEMBER 13, 1990
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Councilman Crites moved to, by Minute Motion, adopt the policy and instruct staff to implement
same immediately, amended to include modification on Page 6 dealing with number of miles being
taken into consideration. Motion was seconded by Wilson and carried by unanimous vote of the
Council.
R. RESOLUTION NO, 90-144 - A Resolution of the City Council of the City of Palm
Desert, California, Authorizing City Councilmember Participation in the Public
Employees Retirement System and Authorizing Appropriation of $17,000to Account No.
110-4110-1115.
Councilman Crites said he did not see any supporting rationale for why the Council
should participate in this. He asked how many cities in the Valley were doing this, what
the cost would be, and what the benefits would be.
Mr. Altman responded that staff had researched this issue and found that it was
permissible for Councilmembers to belong to PERS.
Councilman Kelly added that this would give extra compensation to Councilmembers
down the road. He said he personally felt it was a justifiable thing to do and that he had
originally asked that the issue be investigated.
Councilman Kelly moved to waive further reading and adopt Resolution No. 90-144. Motion
was seconded by Benson and carried by a 3-2 vote, with Crites and Wilson voting NO.
Y. CITY ATTORNEY'S REPORT on Preference for Local Architects.
Councilman Kelly asked for clarification of the City Attorney's memo dated November
18th relative to awarding contracts to the most competitive bidder.
Mr. Erwin responded that when the architect was being selected for the library, it was
suggested that the Council should follow the same procedure used by the City of Phoenix,
whose request for proposal documents limited those people who could propose to
Phoenix businesses. He said California law basically states that in the professional service
area, it does not necessarily have to be put out to a low bidder process; however, a city
cannot specifically discriminate and restrict those individuals to Palm Desert businesses.
The City may make a selection based upon demonstrated competence and qualifications,
not necessarily dollars. In the selection of an architect, the City is not required to follow
the typical public bidding and accept the lowest responsible bidder.
Councilman Wilson moved to receive and file this report. Motion was seconded by Benson and
carried by unanimous vote of the Council.
Z-1. REOUEST FOR APPROVAL of Contract with David Evans & Associates for
Preparation of Grading and Civil Engineering Drawings for Civic Center Addition
(Contract No. 00-495).
Councilman Wilson said he did not have any questions but had asked that this be
removed because he wished to cast his usual and expected and consistent NO vote on
this folly.
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REGULAR MEETING OF ' 3 PALM DESERT CITY COUNC DECEMBER 13, 1990
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Councilman Crites moved to, by Minute Motion: 1) Approve Contract No. 00-495 with David
Evans & Associates in the amount of $7,500.00for the preparation of the grading and civil engineering
drawings for the Civic Center addition; 2) Appropriate $8,250.00 (which includes a $750.00
contingency) from the unobligated New Construction Tax Reserve. Motion was seconded by Snyder
and carried by a 3-2 vote, with Kelly and Wilson voting NO.
Z-2. REOUEST FOR APPROVAL of Contract No. 00-49_6 with T. Tamaru, Inc. & Associates
for an Administrative Telephone System Analysis and Recommendation.
Councilman Crites said he had no problem with getting the phone system fixed; however,
he asked why it was necessary to pay $15,000 to have a consultant tell us that it needs
to be fixed. He said he would rather have someone come in and tell us how it can be
fixed and how much it will cost.
Mr. Altman responded that it had reached the point where a state-of-the-art system was
needed. He added that the current console being used by the receptionist was the only
one of its kind left, and something needed to be done as soon as possible.
Councilman Kelly said the primary criteria for setting up a phone system was to know
where the phones are, who will and will not have a phone, and what they want to do with
them. Bids would then be requested on that basis. He added that when the current
system was being selected, he had objected to having all the calls go through a central
switchboard and felt there should be individual numbers for the various departments.
Councilman Crites said he would rather have City staff set parameters and determine
what is needed than to pay a consultant to do it.
Emergency Services Coordinator Ken Weller stated that Mr. Mark Bales from Votelcom
had come out and looked at the City's system. He said staff had already set the
parameters of where desks will be located in the future, where people will sit, and what
exactly is going to be needed. He added that the company would be sending out three
representatives, experts in the technology of the current system, to see what needs to be
done to get to a level of service that we can live with until a new system is in.
Upon question by Kelly relative to timing, Mr. Altman responded that the urgency was
because the console we now have is the only one left in the entire company. If it goes
out, the City is in trouble because there are none to replace it. He added that if Council
approves this request, he would provide a report as soon as Mr. Tamaru's
recommendation is received.
Mr. Weller stated that Mr. Tamaru had indicated he could come out the first of the
week. He added that the Votelcom representatives would also come back to attend a
meeting of all users to sit down and review what Mr. Tamaru is doing and keep an eye
on where we are going.
Councilman Kelly agreed the system was bad but asked why this other company was
sending people out and what their interest was.
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Mr. Altman responded that the company was a vendor, someone who would actually be
doing the work. He added that he had met the Senior Vice President on the plane
from an ICBO conference and had explained the situation. He was just offering
suggestions for a quick fix.
Councilman Wilson moved to, by Minute Motion: 1) Approve Contract No. 00-496 and
authorize the City Manager to execute same; 2) Appropriate $15,000 from Unappropriated Reserve.
Motion was seconded by Snyder and carried by unanimous vote of the Council.
Councilman Kelly noted that he would not vote for any system where it was necessary
to talk to a machine. He added that he would also like a system where callers talk to
as few people as possible before they get to the one they are calling; and he did not want
a system where replacement parts are in Los Angeles.
X. NEW BUSINESS
A. CONSIDERATION OF RIVERSIDE COUNTY RESOLUTIONS EXPRESSING
CONCERN TO THE STATE OF CALIFORNIA WITH RESPECT TO THE
CONSEQUENCES OF REVENUE ENHANCEMENTS AUTHORIZED BY SB 2557,
IMPOSING A CRIMINAL JUSTICE ADMINISTRATIVE FEE, AND APPROVING
ALLOCATION OF COUNTY PROPERTY TAX ADMINISTRATIVE COSTS
AMONG PUBLIC AGENCIES RECEIVING PROPERTY TAX PROCEEDS.
Mr. Altman noted that Councilman Kelly and Mr. Ortega had represented the City in
Riverside on Tuesday, December 11, 1990, at the Riverside County Board of Supervisors
meeting.
Councilman Kelly reported that the public hearing had lasted for two hours and that
practically all of the cities had asked that the Board of Supervisors not make a decision
and instead appoint a task force to work together between the cities and the County to
find another system to provide County revenues. He said the County was also asked to
cooperate with the cities in repealing SB2557. The Board did continue the hearing until
January 15, 1991, and will appoint a committee to look into this to see if it can find
another way to follow the guidelines of SB2557; however, it did not agree to help repeal
the legislation.
Mr. Ortega added that it was felt SB2557 was a bad piece of legislation that did not go
through the usual public hearing process.
Councilman Kelly noted that he would be attending the League of California Cities
training on Friday, December 14th, on how to combat SB2557 and would report to the
Council. He suggested that the Council adopt a resolution opposing collection of booking
fees and tax fees by the County.
Councilman Crites moved to have the City placed on record as being opposed to SB2557 and
collection of fees and authorize the Mayor to sign documents to that affect (Resolution No. 90-147).
Motion was seconded by Kelly and carried by unanimous vote of the Council.
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REGULAR MEETING OF E PALM DESERT CITY COUN( DECEMBER 13, 1990
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B. REOUEST FOR APPROVAL OF RECOMMENDATIONS FROM THE CIVIC ARTS
COMMii i tz AND ITS PUBLIC ART SUBCOMMri i rtr, FOR PROPOSED ART
BY ARTIST NORMAN HINES FOR PLACEMENT AT THE HAYSTACK
GREENBELT SITE, FOR A DIRECT PURCHASE OF ART FROM DAVID PHELPS
FOR PLACEMENT FOR PLACEMENT IN THE CIVIC CENTER PARK, AND FOR
A SITE FOR THE PROPOSED PEACE MEMORIAL WITHIN THE CIVIC CENTER
SITE, SHERIFF'S STATION.
Ms. Catherine Sass, Associate Planner, reviewed the staff report and showed slides of the
David Phelps piece of art. She noted the artist had agreed to a condition whereby the
City would have exclusive rights in Southern California, meaning no other piece would
be sold in Southern California. He said the pieces were numbered and that the City of
Palm Desert would have the second piece, the first having already been sold in Texas.
She added that it would be placed near the beginning of the waterfall in the Civic Center
Park.
Upon question by Wilson, she responded that this would be part of the Sculpture Walk.
She said instead of a garden with all of the art in one place, the intent of the Sculpture
Walk was that people in the park would come upon a piece of art, walk a little way, and
come upon another.
Upon question by Snyder, she said each piece of art in the park would have a plaque
with the artist's name, date unveiled, and descriptive information.
Ms. Sass showed a maquette of artist Norman Hines' piece which would be placed at the
northeast corner of Highway 74 and Haystack.
Councilman Wilson expressed concern with the location and said he would hate to see
anything put on the Haystack greenbelt that would attract people to the area; however,
it would be okay if it was placed on Highway 74.
Ms. Sass responded that it would be right on the corner, not down Haystack. She
continued with her report, noting that the third item was the site for the Peace Memorial.
She said the Art -in -Public -Places Subcommittee had suggested that it be located on the
triangular -shaped landscape median inside the Civic Center parking area, directly to the
south of the San Pablo entryway.
Councilman Kelly moved to, by Minute Motion, approve the recommendations of the Civic Arts
Committee and its Public Art Subcommittee and authorize staff to proceed with placement of the three
pieces of art. Motion was seconded by Crites and carried by unanimous vote of the Council.
C. INFORMATIONAL ITEMS:
1. Palmer CableVision Update - Cable System Audit Summary (First Phase).
Mr. Ortega reviewed his report, noting that a plan of action had been requested
from Steve Merritt of Palmer CableVision telling how they would be correcting
deficiencies found in the first phase of the cable system audit. He stated this plan
and the second phase test results would be reported at the next meeting. In
13
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REGLTLAR MEETING OF THE PALM DESERT CITY COUNCIL DECEMBER 13, 1990
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addition, he said the City had received a notice stating the cable company
proposed to restructure the basic channel tier alignment into two --one will be
Channels 2 through 13, and the other one would begin with Channel 14 and up.
Different rates would be charged for both of those tiers. He said staffs concerns
were: 1) Whether this could be done independently of any concurrence from the
City; 2) What this could mean for the future if in fact Federal legislation is
implemented that would give the City rate regulations only on the first tier of basic
services.
Councilman Crites asked if this basically meant that if you want anything above
Channel 13, you will be charged for everything.
Mr. Ortega responded that he understood that anything above Channel 13 would
be charged the first tier basic rate plus an additional amount for the second tier.
Councilman Wilson said it would be all but the pay channels --it would be the
additional what are now free channels.
Councilman Crites asked staff to look at the Rancho Mirage ordinance to see if
there are things included that would be meaningful for Palm Desert and report
back at the next meeting.
Mayor Snyder added that he had recently spoken with a Banning Councilman who
was concerned that cities had individually registered complaints. He was trying
to get everyone together to present a unified front to see if some drastic changes
could be brought about.
Councilman Wilson commented that he would like to ask the Banning Councilman
where he was when the City of Palm Desert tried to get all the cities' support
when action was taken to the FCC to protest deregulation.
Councilmember Benson noted that he was new to the Council.
2. Update on Tri-Cities Sports Facility.
Mr. Diaz stated that since the last report, tentative agreements had been reached
with Rancho Mirage and Indian Wells regarding division of costs. He noted that
Section 4 was being considered as a site and that Westinghouse was doing plans
for the entire area. He added that a set of plans for the Hovley site had been
done by a contractor and that a report would be made at the next meeting
regarding the possibility of the Civic Center as a site also. With regard to lighting,
he said because of technological advances in the lighting field, there was a way
to install lights with virtually no spillover on the sides. He felt getting this
information to adjacent residents would result in lighting being less of an issue
than in the past.
14
MINUTES
REGULAR MEETING OF E PALM DESERT CITY COUN DECEMBER 13, 1990
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XI. CONTINUED BUSINESS
A. CONSIDERATION OF AN APPEAL BY LOBLAND-WARING REALTY, INC. TO
A DECISION OF THE BUILDING BOARD OF APPEALS & CONDEMNATION
DECISION TO DENY INSTALLATION OF A SPIRAL STAIRWAY AT 73-350 EL
PASEO, PALM DESERT. (Continued from the Meetings of July 26, August 23,
September 13, 1990, October 11, 1990, and November 8, 1990.)
Mrs. Gilligan noted that a letter had been received from the attorney for Lobland-
Waring requesting continuance to the meeting of January 24, 1991.
Councilman Wilson moved to continue this matter to the meeting of January 24, 1991. Motion
was seconded by Benson.
Rather than continuing this to a specific date, Councilman Crites suggested that it be
continued to a time uncertain until all necessary information is received.
Councilman Wilson amended his motion to continue the matter to a time uncertain.
Councilmember Benson amended her second. Motion carried by unanimous vote of the Council.
B. REPORT ON CITY'S POSITION ON REGIONAL GOVERNMENT.
Mr. Altman stated there was a memo in the packets and offered to answer any questions.
Councilman Crites moved to, by Minute Motion, direct staff to review the study and legislation
for report to the Council at a future meeting. Motion was seconded by Wilson and carried by
unanimous vote of the Council.
XII. OLD BUSINESS
A. CONSIDERATION OF A REOUEST FROM THE PALM DESERT COMMUNITY
THEATRE FOR A FACILITY.
Mr. Diaz reviewed the report and noted that staffs recommendation was that this matter
be referred to the Civic Arts Committee for final recommendation to Council.
Councilman Kelly stated that a year or so ago the Boy Scouts had asked for assistance
in finding a meeting place. He asked if the Civic Arts Committee could look into this
request along with the Theatre request for space.
Mr. Diaz responded that he would pass this request on to the Committee.
Councilman Kelly moved to, by Minute Motion, refer this matter, as well as the request from
the Boy Scouts of America, to the Palm Desert Civic Arts Committee for review and final
recommendation to the Council. Motion was seconded by Benson
Councilman Wilson asked whether the Council would be receiving a report soon on the
pros and cons of the library contract.
15
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REGULAR Ivir,ra"NG OF THE PALM DESERT CITY COUNCIL DECEMBER 13, 1990
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Mr. Altman responded that he would be meeting the next day with representatives of the
University of California and would have a report at the next meeting.
Mayor Snyder called for the vote. Motion carried by unanimous vote of the Council.
XIII. REPORTS AND REMARKS
A. CITY MANAGER
1. CONSIDERATION of Riverside County Landfill Tipping Fee Increase.
Mr. Altman noted that this had been included on an Agenda Addendum dated
and posted December 10, 1990. He reviewed the staff report and
recommendation.
Councilman Crites moved to waive further reading and adopt Resolution No. 90-152, amending
Resolution No. 90-79 to cover the County of Riverside Waste Disposal tipping fee surcharge passed
by the Board of Supervisors in December, 1990. Motion was seconded by Kelly and carried by
unanimous vote of the Council.
2. CONSIDERATION of El Paseo Gallery Association Request for Skylights.
Mr. Altman stated that this item had come up after the Agenda was posted and
asked that Council add it for discussion.
Councilman Crites moved to add this item to the Agenda for discussion. Motion was seconded
by Kelly and carried by unanimous vote of the Council.
Mr. Altman reviewed the memorandum from Mr. Diaz, noting that staff had some
concerns with the request as follows: 1) Has the idea been before the El Paseo
Improvement Association for review and approval? 2) The precedent setting
nature of the request and expansion of the use of the skylights; 3) One group of
El Paseo businesses is involved with the event while others could be impacted.
Upon question by Wilson, Mr. Diaz responded that there would be 10 -12 skylights
for the entire street. He added that the reason for asking Council to consider this
now was because the first requested date was January 10, 1991, and the Council
would not have another meeting before that time.
Councilman Wilson said he felt this was a major policy decision which should be
reviewed by the El Paseo Business Association because all businesses on El Paseo
would be directly affected.
Mayor Snyder suggested that the Chamber of Commerce review this matter, and
Councilman Crites suggested that the Palm Desert Property Owners Association
review it also.
16
REGULAR MEETING OF E PALM DESERT CITY COUNT DECEMBER 13, 1990
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Councilman Crites moved to continue this matter until: 1) A report is received from all
interested groups; and 2) Staff provides a more detailed policy recommendation regarding this issue.
Motion was seconded by Wilson and carried by unanimous vote of the Council.
MR. DAN EHRLER, Executive Vice President of the Chamber of Commerce,
addressed Council and stated that both the El Paseo Improvement Area Board
and the Chamber of Commerce Executive Board would be meeting prior to the
next Council meeting and would be able to provide input on this matter for the
next meeting.
3. CONSIDERATION of The Brothers Building - Civic Center Site - Sewer Lift Line
and Floor Elevations.
Mr. Altman said this item came up after the Agenda was posted and asked that
Council add it for discussion.
Councilman Crites moved to add this item to the Agenda for discussion. Motion was seconded
by Benson and carried by a 4-1 vote, with Wilson voting NO.
Mr. Altman noted that there was a memo from Pat Conlon explaining the problem
with the floor elevation due to the sewer lines.
Councilman Crites commented that if someone from private development had
given him this memo, he would not consider approving it. He said he felt this was
something that should have been figured out long before now, and there would
be no way the Council would approve in essence more height just because
someone miscalculated the sewer line.
Mayor Snyder said he had looked at the area and felt this request was very
sensible.
Councilman Kelly commented that if the sewer line was put in at the wrong depth,
he could understand allowing someone to raise the building an additional 18
inches.
Mayor Snyder added that this was to correct the problem and would not affect
the view of the building.
At the request of Councilman Wilson, Mr. Conlon explained exactly what the
problem was, noting that the finished floor was approved at four feet below the
top of curb. He said when the water district brought the sewer line up the
driveway to the area where it will tie into the building, it was put in about a foot
and a half below where it should be.
Councilman Wilson asked whether the 18-inch adjustment would line up with the
existing sewer line. Mr. Conlon responded that it would line up and added that
the building would then be 18 inches higher but still below the curb line.
17
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REGULAR MEETING OF THE PALM DESERT CITY COUNCIL DECEMBER 13, 1990
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Councilman Kelly moved to, by Minute Motion, approve the request to raise the finished floor
line of the office building 18 inches above the present finished floor line. Motion was seconded by
Snyder and carried by unanimous vote of the Council.
B. CITY ATTORNEY
1. CLosed Session
Mr. Erwin asked that the Council, at the appropriate time, adjourn to Closed
Session pursuant to Government Code Section 54956.9(a), pending litigation
(Smith vs. Palm Desert, Western Allied Properties vs. Palm Desert & CVWD),
and 54956.8, Property Acquisition.
2. Tract 25018
Mr. Erwin asked that Council add an item to the Agenda which came up after it
was posted and dealt with substitution of bonds for a letter of credit.
Councilman Crites moved to add this item to the Agenda for discussion. Motion was seconded
by Benson and carried by unanimous vote of the Council.
Mr. Erwin stated that the developer of Tract 25018 had filed a letter of credit with
the City and was now requesting approval to substitute the normal type of bonds
and have the letter of credit released. He recommended approval.
Councilman Wilson moved to, by Minute Motion, approve the substitution of bonds for the
previously submitted letter of credit for Tract 25018. Motion was seconded by Crites and carried by
unanimous vote of the Council.
C. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Discussion of Conceot for the Formation of a Bicycle and Jogging Path
Advisory Committee. (Councilman S. Roy Wilson)
Councilman Wilson asked that Council consider the formation of a Bicycle
and Jogging Path Advisory Committee that would work with Associate Planner
Phil Joy. He said a lot was happening in this area and felt it might be time
to get citizen input on this issue. He added that Councilmember Benson had
given him information recently regarding the types of things that the City of
Palo Alto is doing. He said he had talked to Mrs. Janet Abrams, who had
served on a City of Rancho Mirage committee similar to this, and she
expressed interest in serving on such a committee for Palm Desert.
Councilmember Benson said she felt this was an ideal time for the City of
Palm Desert to pursue this matter.
18
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REGULAR MEETING OF 'I PALM DESERT CITY COUNC1 DECEMBER 13, 1990
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Mr. Altman said staff would come back at the next meeting with a report on
how to form such a committee.
2. Consideration of an Ordinance Banning Cigarette Vending Machines.
(Councilmember Jean M. Benson)
Councilmember Benson said she had noticed that the City of Rancho Mirage
was pursuing this issue and was working with the American Cancer Society
on primarily vending machines available where minors can buy cigarettes. She
said several cities in the State had banned them throughout various places
accessible to minors. She noted there were a lot of students at Palm Desert
High School in the smoking cessation classes, and vending machines was
primarily where they got their cigarettes.
She asked that staff look into this matter and bring a report back at the next
meeting. Council concurred.
o City Council Committee Revorts:
1. No/Low Tax Cities Meeting and Proposed Steering Committee. (Councilman
Buford A. Crites)
Councilman Crites said this was basically an information item. He noted that
Councilman Kelly was already working on SB2557 and suggested he consider
making himself available to the No/Low Tax Cities and serve if need be on
these efforts.
Mayor Snyder suggested that Mr. Ortega also work with Councilman Kelly to
follow through on this matter. Council concurred.
2. Appointment to the Santa Rosa Mountain Conservancy Committee.
Councilmember Benson moved to add this item to the Agenda for discussion and action at this
meeting because it required action prior to January 1, 1991. Motion was seconded by Wilson and
carried by unanimous vote of the Council.
Mayor Snyder moved to appoint Councilman Buford A. Crites to the Santa Rosa Mountain
Conservancy Committee. Motion was seconded by Wilson and carried by a 4-0-1 vote, with Crites
ABSTAINING.
3. Town Center Apartments
Councilman Wilson noted that several Councilmembers and staff toured the
Town Center Apartments on Monterey Avenue prior to this meeting. He said
he wished to publicly comment that he was very impressed with the quality
of the renovations. He said he felt this project was something the City would
be proud of as a good contribution to low and moderate income housing that
can be in a community and look good.
19
MINUTES
REGULAR MEETING OF THE PALM DESERT CITY COUNCIL DECEMBER 13, 1990
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
XIV. ORAL COMMUNICATIONS - B
MR. MARVIN EAVES, Riverside County Fire Department, addressed Council and said that
on December 15-16, there would be a film crew from "911" in Palm Desert filming a few
incidents which took place in Palm Desert and to which the Fire Department responded. He
asked Councilmembers to contact him if interested in attending and observing.
MR. JERRY THOMAS, 75-724 Sandcastle Lane, Palm Desert, asked that the Council endorse
the cross-country runners who are going to Shanghai, China, on December 27th to represent the
United States in a 5K run. He said there were four students from Palm Desert High School
selected for the U.S. team, including his son Chad, and that each had to raise $1,995.00to go.
CHAD THOMAS addressed the Council and asked for the City's support.
Councilmember Benson stated that the Outside Agency Contributions Committee would be
meeting at 4:00 p.m. on Monday, December 17th, and could consider this request at that time.
Councilman Wilson moved to add this to the Agenda for consideration of the endorsement of
this in concept and urging people to support this effort. Motion was seconded by Benson and carried
by unanimous vote.
Councilmember Benson suggested that the Public Information Officer get information to the
press regarding this matter, and Councilman Wilson suggested that the Mayor contact some
of the major service clubs and urge their support. He said he felt this was a tremendous
opportunity for local youth to broaden their cultural experiences and represent our community.
Councilman Wilson moved to: 1) Endorse the concept of this program; 2) Urge the local service
clubs to get involved in and support this effort; and 3) Refer the request to the Charitable
Contributions Committee for consideration. Motion was seconded by Benson and carried by
unanimous vote of the Council.
Councilman Wilson moved to adjourn the meeting at 6:05 p.m. to Closed Session for purposes
as stated by the City Attorney. Motion was seconded by Kelly and carried by unanimous vote of the
Council.
Mayor Snyder 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
Den Leader Nelson noted that members of Webelos Pack 131, Den 4, were attending this
meeting as part of their Citizenship badge.
XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION. OF ENVIRONMENTAL AWARD--�F EXCELLENCE.
20
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REGULAR MEETING OF E PALM DESERT CITY COUN
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DECEMBER 13, 1990
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On behalf of the entire City Council, Councilman Crites presented the Environmental
Award of Excellence to Jeanie Hanks and Doug Simmons of the Palm Desert Town
Center for its brochure which promotes environmental awareness.
B. PROCLAMATION DECLARING FRIDAY, DECEMBER 14, 1990, AS "TOYS FOR
TOTS" DAY IN PALM DESERT.
Mayor Snyder read the proclamation and said he would be presenting it to Mike Bell of
KCMJ-FM on Friday morning at the Palm Desert Town Center.
XVIII. PUBLIC HEARINGS
A. REOUEST FOR CONSIDERATION OF A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT, CHANGE OF ZONE FROM O.S.N. (OPEN SPACE)
TO PR-4 (PLANNED RESIDENTIAL, 4 UNITS/ACRE), AND A 58-LOT
RESIDENTIAL SUBDIVISION FOR 17.6ACRES AT THE NORTHWEST CORNER
OF FRED WARING DRIVE AND PHYLLIS JACKSON LANE. DAVE MANOOKIAN
AND HAROLD HOUSLEY. APPLICANTS (Continued from the Meeting of October
25, 1990.
Senior Planner Phil Drell reviewed the staff report, noting there were two issues at the
October 25th hearing that Council wanted reexamined: 1) provisions in the conditions
for two-story units; and 2) internal traffic circulation from Deep Canyon to Phyllis
Jackson Lane. He noted there were no approved requests for two-story single residential
units in the vicinity at this time. If Council felt two-story should not be allowed, then
Condition #5 would need to be modified.
Mr. Folkers discussed the traffic circulation issue, noting that staff had met with the
applicant and his engineer to develop a traffic plan and development layout that would
eliminate the possibility of traffic cutting between Phyllis Jackson Lane and Deep
Canyon. He added that there would be a fire access on Phyllis Jackson Lane.
Councilman Crites asked whether it would still be possible for traffic exiting Palm Desert
High School to go through the project and onto Deep Canyon. Mr. Folkers responded
that it would not be possible.
Mayor Snyder noted that the public hearing was still open and invited testimony from the
applicant.
MR. DAVE MANOOKIAN, 44-441 San Rafael, stated he had worked with staff to
mitigate Council's concerns and hoped his project would be approved. He offered to
answer any questions.
Mayor Snyder invited testimony in FAVOR of or OPPOSED to this project. No testimony was
offered, and he declared the public hearing closed.
Councilman Crites said he was satisfied with the traffic issue; all that remained to be
resolved was whether the project should be restricted to one story.
21
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REGULAR MEETING OF THE PALM DESERT CITY COUNCIL DECEMBER 13, 1990
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Councilmember Benson said she was also concerned with having two-story units in an
area where there are no other two-story projects and would prefer to keep this project
to one story.
Councilman Kelly agreed with Crites about the traffic circulation but was concerned with
the two-story issue. He said the zoning had gone from Open Space to 5 units per acre,
and having two story was too much.
Councilman Crites moved to: 1) Waive further reading and pass Ordinance No. 620 to second
reading; 2) Waive further reading and adopt Resolution No. 90-140, approving TT26470, subject to
conditions, amended to reflect both the traffic circulation as described by staff and limiting the project
to one-story units. Motion was seconded by Benson and carried by unanimous vote of the Council.
B. REOUEST FOR APPROVAL OF VESTING TENTATIVE TRACT MAP, A PRECISE
PLAN OF DESIGN, DRAFT DEVELOPMENT AGREEMENT, AND NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT AS IT PERTAINS THERETO
FOR A 1,278 UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT INCLUDING
TWO 18-HOLE GOLF COURSES, TENNIS FACILITIES, AND RELATED
AMENITIES ON 637 ACRES LOCATED BETWEEN COUNTRY CLUB DRIVE AND
42ND AVENUE AND BETWEEN EL DORADO DRIVE AND OASIS CLUB DRIVE,
ALSO DESCRIBED AS SECTION 11, T5S R6E. SUNRISE DESERT PARTNERS.
APPLICANT. (Continued from the meeting of November 8, 1990.)
Associate Planner Steve Smith reviewed the staff report, noting the matter had been
continued from the meeting of November 8th to allow for further comments on the
negative declaration time period, which expired on November 21st. He said one
additional comment had been received from the State Department of Water Resources
and that staffs response was included in the staff report. He addressed issues raised at
the previous meeting, including: 1) dual vs. single left turn lanes from westbound Country
Club Drive into the project; 2) lighting of the site; 3) perimeter wall treatment; and 4)
utility line undergrounding.
He said an issue not previously brought up was the development agreement. The
applicant was requesting that Exhibit "B" be amended to reflect a maximum of 1500
dwelling units on the site instead of the maximum of 1278 approved by Planning
Commission. He pointed out that the 1500 units was still far below the 3200 that would
be allowed for this 640 acres at 5 units per acre. He concluded his report and stated a
new Resolution 90-145 had been distributed to Council with a change to Public Works
Condition #5.
Councilman Crites asked whether Exhibit "B"of the development agreement was correct
in indicating maximum height of the clubhouse will be 60 feet. He asked how tall most
of the clubhouses were in other country clubs.
Mr. Smith responded that some of the tower elements and roof structures would
approach 60 feet. He added that he thought the clubhouse at Desert Falls was 52 feet
tall.
22
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REGULAR MEETING OF LE PALM DESERT CITY COUN DECEMBER 13, 1990
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Councilman Crites asked if the undergrounding district could be started now. He added
that with regard to the perimeter wall issue, staff had not addressed his suggestion to
combine public art features as part of the wall treatment.
Mr. Smith responded that staff would have no objection to formation of the
undergrounding district now. He added that staff had inadvertently neglected to look at
public art treatment for the wall.
Councilmember Benson agreed with Crites regarding the wall.
Councilman Kelly asked when this is complete whether Hovley Lane would go through
from Washington to Cook Street and if Eldorado would dead-end at Hovley.
Mr. Smith said this was correct.
Mayor Snyder noted this public hearing was still open and invited testimony from the applicant.
MR. ALLAN LEVINE, Sunrise Company, 42-600 Cook Street, thanked staff for its
diligent work and cooperative efforts. He noted the clubhouse would only be a two-
story building but that there were architectural elements and various towers which might
reach 60 feet. He added that they had not taken it to the Architectural Review
Commission yet and that it was still in the design stage. He said the project was one
square mile, and the clubhouse would be in the center and would be unobtrusive. With
regard to the perimeter wall, he said people move into these communities with security
arrangements and do not feel wrought iron would provide security. He said the wall
would not have the appearance of a straight wall and would be meandering with different
setbacks.
In response to questions by Crites, Mr. Levine said he would be happy to work with the
City's Art -in -Public -Places Committee on the wall treatment. He said the landscape
theme would apply to private as well as public areas and the two golf courses.
Councilman Crites said that recently Arizona had mandated how much turf is allowed
on golf courses, and he asked how much would be on these two courses.
Mr. Phil Smith of Sunrise responded that the golf courses were not fully designed at this
time; the south course would be approximately 75% turf, with the north course slightly
higher.
Mayor Snyder invited testimony in FAVOR of or OPPOSED to this project. None was offered,
and he declared the public hearing closed.
Councilman Kelly said he was not present at the first meeting when this project was
discussed and asked the City Attorney whether he could vote since he had heard
discussion at this meeting.
Mr. Erwin responded that Councilman Kelly was allowed to vote.
23
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REGULAR IhrciuvG OF THE PALM DESERT CITY COUNCIL
DECEMBER 13, 1990
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Councilman Wilson moved to: 1) Waive further reading and adopt Resolution No. 90-145,
approving Vesting Tentative Tract Map 26123, subject to conditions; 2) Waive further reading and
adopt Resolution No. 90-146, approving Precise Plan No. 90-21, subject to conditions; 3) Waive further
reading and pass Ordinance No. 27 to second reading, approving the development agreement. Motion
was seconded by Kelly.
Councilman Crites offered the following amendments: 1) Developer shall consult with the public
art program in terms of treatment to the perimeter walls; 2) If the clubhouse is to be higher than 50
feet, renderings shall be submitted to Council for review and approval; 3) Staff instructed to examine
formation of the undergrounding district to get it going now. Councilmen Wilson and Kelly agreed
to the amendments.
Mr. Diaz suggested amending the wording of the first amendment to reflect instead of
"consult", that perimeter wall treatment is to be "reviewed and approved by" the Art -in -
Public -Places Committee.
Mr. Phil Smith asked if it was Council's intention that Sunrise work with the Art -in -
Public -Places Committee relative to the Country Club Drive portion of the wall, and
Councilman Crites responded that that would be the primary issue.
Councilman Wilson said he was not sure it needed approval by the Civic Arts Committee
and felt "consult" was better. Council concurred with the amendments as stated by
Councilman Crites.
Mayor Snyder called for the vote. Motion carried by unanimous vote of the Council.
C. JOINT PUBLIC HEARING WITH THE REDEVELOPMENT AGENCY TO
CONSIDER PROPOSED AMENDMENT NO. 6 AND AMENDMENT NO. 7 TO THE
REDEVELOPMENT PLAN, AS AMENDED, FOR PROJECT AREA NO. 1, AS
AMENDED.
Chairman Snyder reconvened the Redevelopment Agency meeting at 8:00 p.m. for the
purpose of considering this as a joint City Council/RDA public hearing.
Mr. Ortega asked that the Agency Board adopt Resolutions No. 238, and 239 approving
the reports and transmitting such reports and amendments to the City Council.
Member Crites moved to: 1) Waive further reading and adopt Agency Resolution No. 238,
approving its Report to the City Council concerning proposed Amendment No. 6 to the Redevelopment
Plan, As Amended, for Project Area No. 1, As Amended, and transmitting such Report and
Amendment to the City Council; 2) Waive further reading and adopt Agency Resolution No. 29,
approving its Report to the City Council concerning proposed Amendment No. 7 to the Redevelopment
Plan, As Amended, for Project Area No. 1, As Amended, and transmitting such Report and
Amendment to the City Council. Motion was seconded by Benson and carried by unanimous vote of
the Agency Board.
Mayor/Chairman Snyder declared the public hearing open and asked for staff s report.
24
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REGULAR MEETING OF tE PALM DESERT CITY COU/s DECEMBER 13, 1990
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Mr. Ortega reviewed the letter sent by certified mail to property owners in the City,
which resulted in many phone calls as well as written responses. He explained for the
benefit of the audience what the Redevelopment Agency is and what it does. He said
one of the concerns was whether these amendments would cause taxes to increase; he
assured everyone that taxes would not be increased. He added that the amendments
would allow for funding, through taxes already being paid, of projects such as the Civic
Center Master Plan (including Sheriff Station and YMCA facility) and the People Mover.
He noted the following examples of projects created and financed through the
Redevelopment Agency: sewer and storm drain improvements in the Palma Village
Area, Palm Valley storm channel, Portola storm drain, Fred Waring storm drain,
superblocks, Town Center Fire Station, and College of the Desert Child Care Center.
He said another question raised by citizens was whether their property was being
considered for condemnation, and he said no specific condemnation proceedings were
being considered at this time.
Mr. Ortega stated that the Agency Board and City Council may not consider resolutions
approving the amendments and negative declarations and may not introduce the
ordinance approving and adopting the amendments if written objections are received
prior to or at the joint meeting. Several written communications from property owners
and affected taxing agencies had been received, and he asked that the Board and Council
continue this matter to the next meeting in order to allow staff time to address concerns
raised.
Councilman/Member Wilson said it seemed most people were basically opposed to the
amendments because they would affect the El Paseo Village Condominiums, and he
asked what the affect would be.
Mr. Ortega responded that the people thought the People Mover would affect their
property; it would not. He noted that staff had talked to some of the residents as well
as to an attorney representing some of the homeowners and explained what the
amendments were about. Staff felt the attorney had understood, but apparently the
letters were sent anyway.
Mayor/Chairman Snyder invited testimony from the audience.
MR. BRADLEY J. HUDSON spoke on behalf of the County of Riverside, County Free
Library System, and County Structural Fire System. He said the County had previously
submitted to the Agency a report of the Fiscal Review Committee and an analysis of the
proposed amendments. He said the County was opposed to the amendments for the
following reasons:
unmitigated fiscal impact on the County in that $1.2 billion total increment will
be diverted from all agencies, with approximately $365 million from the County
of Riverside.
Agency has not complied with California Environmental Quality Act (CEQA).
Amendments and projects outlined with the amendments and plan itself do not
comply with California Redevelopment law.
Amendments and proposed projects outlined therein are not consistent with the
City's General Plan.
25
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REGULAR Mi.niuvG OF THE PALM DESERT CITY COUNCIL DECEMBER 13, 1990
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He urged the Agency not to adopt the proposed amendments and to direct staff to work
with the County to address concerns raised.
Councilman/Member Crites mentioned the County's ten-year adamant refusal to return
to the citizens of Palm Desert for City use any part of their property tax money, all of
which now goes to the County and State. He added that the County has opposed every
attempt by the City to get a reasonable share (like Palm Springs and Indio) of the taxes
paid, and he asked if the County was now saying it was willing to give Palm Desert the
same amount of property taxes as it returns to Indio, Hemet, etc.
Mr. Hudson responded that cities which have a property tax rate were incorporated prior
to Proposition 13. In addition, many cities such as Palm Desert and Rancho Mirage were
incorporated under the banner of "we have no property tax", and then after Prop. 13 hit,
they say redevelopment as a way to gain quasi -legally that which they chose not to assess
up front.
Councilman/Member Wilson asked why, it redevelopment was as evil as Mr. Hudson
painted it, the County was so aggressively developing redevelopment areas throughout
the County.
Mr. Hudson responded that it was a simple case of "if you can't beat them, join them".
Mayor/Chairman Snyder stated that staff would be responding to concerns raised in the letter.
Mr. Altman noted for the benefit of the audience that Palm Desert generates $31 million
in property tax and gets $360,000 per year for redevelopment.
MR. JACK MATLOCK spoke in SUPPORT on behalf of College of the Desert, Palm
Springs Unified School District, Desert Sands Unified School District, and the Mosquito
Abatement District. He noted that all four agencies were members of the Fiscal Review
Committee. He said although they acknowledged there would be a fiscal burden and
detriment, they supported the idea of retaining local taxes for local purposes. He added
that they felt they had a better chance working with the City than with the State to retain
some of those local taxes for local school programs, especially in the area of facilities.
In closing, he asked that the Council/Board consider that the Mosquito Abatement
District exists on a very small tax increment; all the cities in the Valley receive benefits
from the agency, and he asked that the increment be returned for ongoing support of the
District.
MR. BEN AUSTIN, owner of a condominium in Hidden Palms, spoke in opposition.
He explained his view of what CRA was and felt it was not legal to set up a CRA
project.
Councilman Wilson responded that he felt Mr. Austin had done a good job explaining
the California Redevelopment Act. However, he said a redevelopment agency was not
being created; the boundaries of an existing agency were being amended. He added that
when this existing redevelopment agency was created, the cor:._ unity was blighted, houses
were off their fo�udations and/or torn apart, and pee--pec--‘4 were out of their homes, all
26
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REGULAR MEETING OF .E PALM DESERT CITY COUNk DECEMBER 13, 1990
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because the City is on an alluvial fan that allows water from heavy rains in the mountains
to come down through the community. It caused millions of dollars in damage in 1976
and 1979, which would have continued if the Redevelopment Agency was not created to
build the Palm Valley Channel to protect Palm Desert from continued blight.
MR. BROOKS COLEMAN, County Office of Education, an affected taxing agency,
spoke in favor of the amendments. He said the City had demonstrated a good attitude
in the past and good faith negotiations. He commended staff, particularly Mr. Ortega,
for the professionalism exhibited in going through the fiscal review process. He added
that as long as the detriment is mitigated with a reasonable sharing of the tax increment,
the Office of Education would support the project.
MR. CHARLES SHELTON, 72-771 Sage Court, said he was not necessarily opposed to
the proposed project but asked how the City planned to spend the $500 million and what
was the total assessed value of private property in the project area.
Mr. Ortega responded that total assessed value within the City was $3.1 billion for
1990/91.
Councilman/Member Wilson suggested that Mr. Shelton meet with Mr. Ortega to discuss
fiscal planning for the spending of the funds. He noted that a lot of tax money generated
in the Coachella Valley is spent in western Riverside County; we do not get an equal
return of our tax dollars. What the redevelopment process allows is capturing some of
those tax dollars and spending them where they are generated.
MR. ANTONIO CARDONA, 45-901 Toro Peak, said he disagreed that the City had paid
for curbs and gutters because he had been assessed for those improvements to his
property.
Mr. Ortega responded that the City had paid 60% of the total cost for curbs and gutters.
MR. ANDREW BROOKS of Dye, Thomas, Luebs & Mort, spoke on behalf of the
Coachella Valley Recreation and Parks District and submitted a letter in opposition to
the proposed Amendment No. 6 (on file and of record in the City Clerk's Office). He
said staff of the City and the Recreation District had reached an agreement in principal
to mitigate the financial impact to the District as a result of the proposed amendments;
the reason he was speaking in opposition was because there was not as yet a final
agreement to bring to the Council. He added that the District would be prepared to
waive its objections when a final agreement is ready.
MR. CHARLES GAYLOR, 74-170 Fred Waring Drive, expressed concern with homes
on Fred Waring being taken to widen the street without being paid the fair market value.
Mr. Ortega responded that there were no plans by the City to take any homes on Fred
Waring Drive. With regard to payment of fair market value, he said State law protects
property owners in California and that there was an entire eminent domain process that
must be gone through before property is taken.
27
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REGULAR MEETING OF THE PALM DESERT CITY COUNCIL DECEMBER 13, 1990
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MR. rtii i. RODHOLM, 43-570 Carmel Circle, asked if there were any plans for the
City to purchase homes in his area and develop a condominium project. He also asked
if there were plans to put a bridge across the San Pascual Wash to the park for the
people on the opposite side of San Pascual.
Mr. Ortega responded that this was not in any of the plans being proposed in the
amendments.
MR. GARY GOUDSWAARD, 44-755 Deep Canyon, said he felt the primary concern
of almost everyone present was what would happen to their homes, and this had not
really been addressed. He said Mr. Ortega had said everyone north of Alessandro would
be affected, and he asked what the affect would be.
Mr. Ortega responded that everyone north would be affected by the amendment because
of additional projects, bonding capacity, and added revenues.
Councilman Kelly suggested that better wording would be to say these homes would be
"included in", not "affected by" the amendments.
Councilman Wilson asked staff if there was anything in any of the plans that require the
taking of any homes in the City of Palm Desert.
Mr. Ortega responded that there was nothing in the plans to require the condemnation
of any property. The only case where there may be a condemnation is to those single
family lots immediately north of Alessandro and adjacent to Highway 111 which were
included in the plan as possible conversions to parking area when the plan was adopted
three years ago.
MR. MIKE KOUBA, 73-484 Shadow Mountain Drive, President of the El Paseo Village
Homeowners Association, expressed concern with the City's timing in sending letters out
during the holidays. He also felt it was difficult to understand legal terms in the letter.
He asked that the entire matter be continued until after the homeowners meeting the
first week in January. He also asked that the City send out a letter explaining that
citizens' homes and properties are safe.
Councilman/Member Wilson felt it would be a good idea for the Mayor to attend the
homeowners association meeting to make a presentation. He added that this matter
would be continued with no action taken until after the first of the year.
Mayor/Chairman Snyder agreed and said he would be willing to make a presentation to
any group of people who want additional information.
MR. DON ACKLEY, 74-165 Chicory, said he was not pro or con at this point but was
concerned with what would happen to his home. He also questioned the environmental
impact report. He added that he did not understand what the People Mover was.
Mr. Ortega responded that the negative declaration included a statement that indicates
as individual projects come up, a full environmental assessment will be done.
28
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REGULAR MEETING OF i , PALM DESERT CITY COUNC DECEMBER 13, 1990
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Mr. Altman explained that the People Mover was being considered as an alternate way
of moving people around rather than the use of automobiles. He said studies were still
being conducted and that it would probably be another four to five years before it starts.
Mr. Ackley asked whether any homes would be condemned to provide for low income
housing.
Mr. Ortega responded that the City, by State law, must create a plan to deal with low
income housing. The Agency is required to set aside a certain amount of funds to create
low and moderate income housing. He said that other than the Town Center
Apartments, One Quail Place, and San Tropez, there were no other sites identified for
low and moderate income housing.
Councilman/Member Wilson added that the City had purchased land in the North Sphere
area near Interstate 10 to provide low and moderate income housing for people who live
and work in the City of Palm Desert.
No further testimony was offered.
Mr. Ortega stated that one project had been added to the plan since it was first
published --a bridge crossing at Cook Street. In addition, a letter had been received from
the Coachella Valley Water District basically in support of the plan but also requesting
consideration of certain pass-throughs which are already being met by the Agency. He
said they had also requested consideration of adding a project for concrete slope
protection on the Whitewater Channel.
At the recommendation of Ms. Robin Harris of Richards, Watson & Gershon, Agency Counsel,
Mayor/Chairman Snyder declared the public hearing closed.
Councilman/Member Crites stated that staff was being asked to respond to concerns
raised at the meeting, and he asked if the public would be allowed to testify at the next
meeting.
Ms. Harris responded that the public hearing would be closed at this meeting and that
staff would prepare written responses to all written objections.
Crites said he would prefer to have the ability to reopen the public hearing and allow
people to comment at the next meeting.
Upon question by Mr. Altman, Ms. Harris responded that there was no legal reason to
close the hearing at this time.
Councilman/Member Crites moved to reopen the public hearing and continue the matter to the
meeting of January 10, 1991. Motion was seconded by Wilson and carried by unanimous vote.
Chairman Snyder recessed the Redevelopment Agency meeting at 9:30 p.m. until adjournment
of the City Council meeting.
29
MINUTES
REGULAR MEETING OF THE PALM DESERT CITY COUNCIL DECEMBER 13, 1990
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D. CONSIDERATION OF AN ORDINANCE PERMITTING A RECREATIONAL
VEHICLE TO BE PARKED IN THE FRONT YARD AREA IN A RESIDENTIAL
DISTRICT BY PERMIT, AND A RESOLUTION ESTABLISHING A PERMIT FEE.
Mr. Allen reviewed the staff report and main points of the ordinance. He recommended
a fee of $200.00 for a permit to allow parking of RV's in front yard areas of residential
streets.
Councilman Crites asked what the Planning Commission would base its decision on if
a permit were referred to it for a hearing.
Mr. Diaz responded that grounds for approval would be similar to those used by Planning
Commission or Council to approve or. deny Conditional Use Permits, variances, etc. If
it can be shown by neighbors that the proposed location of a recreational vehicle is not
in accordance with the objectives of the ordinance, will damage property, is injurious
to health, safety, or welfare, etc., those are grounds upon which the Director of
Community Development would deny a permit. The applicant could then appeal that
decision to the Planning Commission. He added that the $200.00 was not the permit fee;
it was the application fee.
Councilman Kelly said he felt it was either right or wrong to park an RV in the front
yard; if it is wrong, he could not see how paying $200.00 would make it right.
Mr. Diaz said the fee was to process the application, with all property owners within 300
feet of the applicant being notified of the application.
Mayor Snyder said he felt the Committee had done a good job trying to come up with
regulations governing recreational vehicles.
Upon question by Crites, Mr. Allen responded that the cities of Indian Wells, Rancho
Mirage, and Palm Springs did not allow parking of RV's in front yards at all.
Mayor Snyder declared the public hearing open and invited testimony in FAVOR of this matter.
None was offered. He invited testimony in OPPOSITION.
MR. GARY GOUDSWAARD, 44-755 Deep Canyon Drive, opposed the $200 fee and
said he felt the Planning Commission had better things to do.
MS. MARILYN ESTENSON, 74-043 El Cortez, addressed Council and said she felt the
Planning Commission had much better things to do than decide whether or not citizens
can park their RV's in front of their homes.
With no further testimony offered, Mayor Snyder declared the public hearing closed.
Councilman Kelly said he knew there were laws prohibiting discrimination against RV's
when making parking regulations for public streets, and he thought he had also seen
something saying it is illegal to prohibit citizens from parking their RV's on private
property.
30
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REGULAR MEETING OF 'I _ PALM DESERT CITY COUNC; DECEMBER 13, 1990
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Mr. Erwin responded that he was unaware of such a law. He added that he felt this
ordinance would stand up in court.
Councilmember Benson said she felt the Council had tried everything short of banning
RV's completely. She said although this may not be the answer, it was a step in the right
direction to accommodate both neighborhoods and the people who own RV's. She added
that when this issue was discussed previously, there was no mention of a fee. She said
she would be willing to go with no fee since she did not think there would be many
applications for permits.
Councilman Kelly asked whether Mr. Lowell Weeks was on the RV Committee because
he had specifically asked to be informed of any changes.
Mr. Allen responded that Mr. Weeks was on the original committee but was on vacation
the second time around. He said all the information had been given to Mr. Weeks when
he returned, and he had agreed with it.
Councilmember Benson moved to waive further reading and pass Ordinance No. 630 to second
reading, with no application fee required for the permit.
Mr. Diaz stated the fee was to cover postage necessary to mail notices to property
owners. However, there would be no problem eliminating the fee if Council wished.
Councilman Wilson suggested trying it without a fee; if there are a lot of applications
received, a fee can be enacted at a later date.
Motion was seconded by Snyder and carried by a 4-1 vote, with Crites voting NO.
E. CONSIDERATION OF AN AMENDMENT TO THE ZONING ORDINANCE
RELATING TO SIGNS, SECTION 26.68 OF THE MUNICIPAL CODE.
Mr. Smith reviewed the staff report, noting that the proposed amendment would allow
a sign to have the business name plus the listing of up to two goods or services sold on
the premises.
Upon question by Crites, Mr. Smith responded that the Architectural Review Commission
had reviewed this amendment and felt it should be more restrictive, with only the
business name allowed.
Mayor Snyder asked then why Council was being asked to consider this amendment.
Mr. Erwin responded that it was his belief that the Council cannot prohibit such wording
on signs.
Mayor Snyder declared the public hearing gpen and invited testimony in FAVOR of this
request.
MR. DAN EHRLER, Palm Desert Chamber of Commerce, said the Sign Ordinance Task
Force had suggested allowing three goods or services on the sign and felt this would be
31
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REGULAR MEETING OF THE PALM DESERT CITY COUNCIL DECEMBER 13, 1990
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advantageous not just to the business but also to the consumer in terms of explaining
what the business has to offer. At the same time, the Committee felt Palm Desert is as
beautiful as it is because of the concern everyone shares in trying to avoid clutter, and
having too much information on signs could be dangerous and distract people who are
driving.
MRS. JUNE PEEVER, 74-123 Aster Drive, said she would like to see an ordinance
requiring the posting of visible street numbers on businesses.
Councilman Kelly stated that the Council agreed there was a problem and that the Police
Advisory Committee had been working with staff on this particular issue.
With no further testimony offered, Mayor Snyder declared the public hearing closed.
Councilmember Benson moved to waive further reading and pass Ordinance No. 631 to second
reading. Motion was seconded by Kelly and carried by unanimous vote of the Council.
Councilman Kelly said Council had recently denied requests from several applicants to
include goods and services on their signs. He asked if they would be notified of this sign
ordinance amendment.
Mr. Diaz responded that staff would notify these applicants.
Mayor Snyder called a recess at 10:05 p.m. and reconvened the meeting at 10:15 p.m.
F. REOUEST FOR APPROVAL OF A GENERAL PLAN AMENDMENT, CHANGE
OF ZONE, PRECISE PLAN OF DESIGN, AND NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT TO ALLOW CONSTRUCTION OF
APPROXIMATELY 190,394 SQ. FT. OF RETAIL AND COMMERCIAL BUILDINGS
ON THE EAST SIDE OF HIGHWAY 111 BETWEEN FRED WARING DRIVE AND
PARKVIEW DRIVE. DSL SERVICE COMPANY. APPLICANT.
Mr. Smith reviewed the staff report, noting that residents of Joshua Road had submitted
petitions at the August 21, 1990, Planning Commission meeting in opposition to this
project. Since that time, the applicant had met and worked with those residents and
made many changes to the plan, including reduction of the retail and commercial
buildings to 190,0900 square feet from 220,000 square feet, cul-de-saccing Joshua Road
at Fred Waring, and providing an access gate with remote control. He added that all
buildings would be single story and that landscaping had been increased from 20% to
23 % on the site. He noted a letter had been received from Planning Commission Bob
Downs who was absent from the November 6, 1990, Planning Commission meeting
stating that he would have voted in favor of the project. He said two conditions had been
added since the Planning Commission meeting: 1) agreement to participate in an
assessment district for the People Mover should such a district be formed; 2) requirement
for a six foot masonry wall across the end of the cul-de-sac.
Mayor Snyder declared the public hearing open and invited testimony from the applicant.
32
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REGULAR MEETING OF .E PALM DESERT CITY COUN( DECEMBER 13, 1990
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MR. MORRIS McALLISTER, 9918 Hailden Avenue, Downey, Chairman and President
of Downey Savings & Loan, said DSL was a wholly -owned subsidiary of Downey Savings.
He noted they had three offices in the Coachella Valley, with approximately 2,000
customers in Palm Desert. Customers doing their banking in La Quinta and Palm
Springs had been asking for years to have a branch office in Palm Desert, which they
would have if this project is approved by the Council.
MR. WENDELL HINDLEY, Vice President of Real Estate for DSL Service Company,
residing at 2781 Spur Lane in Rossmore, stated DSL had worked very diligently in the
last five months with adjacent residents to make this a project they would be proud of
and able to live with. He said he had a petition signed by residents of 20 of the 30
homes in favor of this project. He noted one of the main concerns was inclusion of the
Albertson's market as part of the development but said it would add 60 to 65 new jobs
in the City as well as transferring an additional 20 individuals into the area who reside
outside the community. With regard to parking and landscaping, he said they would be
providing more spaces than required, close to four and a half acres of landscaping, and
one tree for every three parking stalls. He concluded his report and said objections
relative to noise, lighting, trash, etc., had been mitigated.
MR. RON GREGORY, project landscape architect, 73-550 Pinyon Street, said he would
be using state-of-the-art water -efficient landscaping design. The lawn area had been
reduced to 50% and would be watered with drip irrigation. He added that the
landscaping would screen the supermarket so it would not look like a market was in the
project.
Mayor Snyder invited testimony in FAVOR. The following individuals were in favor of the
project because of reduced traffic, the addition of a supermarket and Downey Savings branch
in the City, and keeping sales tax in Palm Desert:
Beverly Vorwaller, 72-445 Cholla Drive
Charles Whitney, The Lakes Country Club
Leonard Penzino, 39-123 Warner Springs, Palm Desert Greens
Jim Gangwer, 74-457 Fairway Drive
Ray and Olga Contrusi, 41-370 Woodhaven Drive West
Howard and June Peever, 74-123 Aster Drive
Marilyn Estenson, 74-043 El Cortez
Mayor Snyder invited testimony in OPPOSITION to this request.
MRS. DONNA EVERS, 72-450 Manzanita, said she was very intimidated by the
idea of having a cul-de-sac adjacent to her property and was concerned with the
traffic. She agreed DSL had been very easy to work with, but she did not like the
feeling of being trapped in a high commercial area. She suggested having a gate
instead of a wall at Joshua and Fred Waring and leaving the other end open.
With no further testimony offered, Mayor Snyder declared the public hearing closed.
33
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REGULAR MEETING OF THE PALM DESERT CITY COUNCIL DECEMBER 13, 1990
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Council Comments/Ojiestions:
Crites: Felt this was the product of a lot of work, compromise, and understanding
between people and goes a long way to solving problems in this area. Impressed by the
recycling issue and landscaping. Would welcome DSL as a member of the community.
Objected to parking spaces behind the buildings because people would not drive around
to the back and had a difficult time including those spaces as part of the parking
requirement for the project. Felt the site was enormously important to the future of
Palm Desert and needs to tie in with the Palm Desert Town Center, Ahmanson project,
and People Mover project. Did not think any additional markets were needed along
Highway 111.
Benson: Agreed with Crites. Felt Albertson's might be a good addition to the City in
some other location but not here. Commended DSL for what they have done at that
corner, which is the entrance to the City. However, felt it was too valuable a piece of
property to have a sea of cars out in front. Said the Council had decided in 1974 that
the City should not have supermarkets or used car lots on Highway 111, and she did not
feel it was an appropriate use at this corner.
Wilson: Said the project had a lot of pluses; felt it looked good and that the landscaping
looked good. Agreed with most of the people who testified and would like to see a
Downey Savings branch in Palm Desert. However, was concerned that this property and
the Ahmanson property across the Highway from Toys R Us should be an integral part
of the shopping experience and should be tied in with the Palm Desert Town Center and
Highway 111 shopping centers. Said Council had talked about a grocery store at this
location and had denied it over and over again but had compromised a bit with a
Farmer's Market that would be different from a typical grocery store. Felt the site needs
to blend in and provide a shopping experience that will not have conflicting traffic but
will have people who will go to one location, park, and use the People Mover to take
care of different shopping. Had trouble with the grocery store part of the project.
Kelly; Impressed both with this being the first project to really talk about recycling and
with the landscaping design. Said he lived near the Ralph's grocery store in Indian Wells,
felt it was one of the nicest looking shopping centers. However, agreed that this was not
a good place for a grocery store.
Snyder: Felt this was a beautiful project; however, was against the grocery store because
of its location. Agreed the Ralph's center at the entrance to Indian Wells was a beautiful
place and this could be the same.
Mr. Hindley stated that if the supermarket was the only problem and a retail
development would be satisfactory as presented without the Albertson's, DSL would
request that Council approve the General Plan Amendment, Zone Change, and Precise
Plan, excluding a supermarket as a use. Upon question by Kelly, he responded that they
had Mervyn's as a tenant and had also talked to TJ Mack and Ross.
Mr. Erwin stated that with regard to the General Plan Amendment and Change of Zone,
he did not believe the specific use of the land for a market had any application.
r
34
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MINUTES
REGULAR MEETING OF T : PALM DESERT CITY COUNCL DECEMBER 13, 1990
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Mr. Diaz suggested amending the regional commercial zone ordinance to delete
supermarkets because there was only one other piece of property zoned regional
commercial along Highway 111, which was the Ahmanson piece across the street. He
asked the City Attorney whether Ordinance No. 632 could be introduced at this meeting,
with second reading to be held subject to the amendment to the zoning ordinance
deleting supermarkets from the regional commercial zone.
Mr. Erwin responded that such deletion would require going through the Planning
Commission hearing process.
Councilman Crites said he agreed with Councilman Wilson and felt the property anchors
the western end of the core commercial area, and whatever is put there needs to provide
a "shopping experience", something that draws people to the area. He added that he was
still concerned with whether some 150 parking spaces were really useable parking spaces.
Mr. Hindley said those spaces had been set up as employee parking.
Councilman Crites moved to continue this matter to the meeting of January 10, 1991. Motion
died for lack of a second.
Councilmember Benson asked whether the applicant had indicated this would not be a
viable project without the supermarket.
Mr. Hindley responded that it would just not be as good economically.
Benson said although she was against the supermarket, she did not see the urgency in
approving the project without first knowing exactly what stores would be included.
Councilman Kelly said he felt it was a good project without the supermarket.
Mayor Snyder agreed and said he did not see where approving the zone change would
cause any difficulty since the applicant must come back with a precise plan which will
indicate what the other building will be.
Councilman Wilson said he would like to move ahead but would hate to sign a blank
check. He said he had yet to see any imaginative effort put into this site, which is the
key location and entrance to the community. He asked if there was a way to move ahead
with first reading of the ordinance, providing that not only do we move ahead with the
amendment to exclude grocery stores but also move ahead with a creative effort to come
up with some uses before second reading.
Mr. Erwin responded that Council could pass the ordinance to second reading and hold
second reading, the Precise Plan, and the General Plan Amendment until after the
amendment to exclude grocery stores as a use for regional commercial.
35
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REGULAR MEETING OF THE PALM DESERT CITY COUNCIL DECEMBER 13, 1990
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Councilman Wilson moved to: 1) Waive further reading and pass Ordinance No. 632 to second
reading; 2) Instruct staff, including the Planning Department, Economic Development division, and City
Manager's office, to sit down with the developer in a brainstorming session to try and come up with
something imaginative and creative that would convince the Council to put the final adoption on this
project. Motion was seconded by Crites and carried by unanimous vote.
G. REQUEST FOR APPROVAL OF FINAL MAP FOR TRACT 24289-R REVERSION
TO ACREAGE (PALM DESERT REDEVELOPMENT AGENCY, APPLICANT).
Mr. Joe Gaugush reviewed the staff report, noting that this was for the Civic Center site.
He said he would also be asking the Redevelopment Agency Board to authorize the
Chairman to execute the map on behalf of the Agency.
Mayor Snyder declared the public hearing open and invited testimony in FAVOR of or
OPPOSED to this request. None was offered, and he declared the public hearing closed.
Councilman Crites moved to waive further reading and adopt Resolution No. 90-142, approving
Tract No. 24289-R. Motion was seconded by Kelly and carried by unanimous vote of the Council.
XIX. ORAL COMMUNICATIONS - D
None
XX. ADJOURNMENT
Upon motion by Crites, second by Kelly, and unanimous vote of the City Council, Mayor Snyder
adjourned the meeting at 11:43 p.m.
ATTEST:
SHEILA R. GILLIGAN, CT Y CLERK
CITY OF PALM DESE)CALIFORNIA
WALTER H. SNYDER, MAY
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REGULAR MEETING OF T PALM DESERT CITY COUNCI
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DECEMBER 13, 1990
EXHIBIT 'A'
(014
SUNCREST
COUNTRY LU3
73-450 Country Club Drive, Palm Dese t, CA 92260 • (619) 346-5866
December 13, 1990
Mr. Mayor, Members of the Council,
I am here today, as the owner of Suncrest Country Club,
to request your support in the matter of obtaining a signal on
Country Club Drive, at the entrances to San Tropez and Suncrest.
In light of the horrible accident at our main entrance that
took the life of one of our residents, I have been pursuing the
matter of a signal. Discussions with Palm Desert Transportation
Department officials and Riverside County Road Department officials
(necessitated by the fact that Country Club is # in the City and
# in the County at this location) indicate that the are 3 major
s`-'= in the process of obtaining a signal. Firstly, traffic
c:._-cs must indicate a signal is warranted, secondly, funding must
be nailed down, and lastly, the governing bodies must approve
the proposal.
The traffic numbers indicate that the intersection exceeds
the minimums required by a factor of at least 2f. Additionally,
another accident (injury, 12/8) at the location adds urgency.
The answer to the funding question is falling out similar to
the Palm Desert Greens signal, where the City, the County, and the
two projects each paid 4. The City readily indicated a willing-
ness to pay for } of thissignal (for which I am grateful), the
County is falling into line because of the precedent set at Palm
Desert Greens, and I am willing to pay Suncrest's i. The only
37
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i
EXHIBIT "A'
problem at this time is the apparent insolvency of the San Tropez
project. To overcome this, I am currently exploring alternative
ways of getting their share funded. In addition to Suncrest's
share of the signal, I am prepared to pay the costs of modifying
our entrance to make it compatible with signalization.
Which brings us to the government aspect. I have not yet
spoken to Supervisor Larson directly, but informal indications
are that because of the similarity to the Palm Desert Greens
situation and the accidents, we have her support. And thusly,
I would like to request your support in this matter.
Than
Gerhard W. efeld, PhD
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DECEMBER 13, 1990
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pE sea. Suit/
ABOVE: Riverside County Deputy Coroner BM Broman (right), and
county firefighters John Aleman and Capt. Dan Talbot examine the
wreckage of an Oldsmobile stationwagon at the entrance of the
MAX ORT12iStalf photographs'
Suncreet Country Club in Palm Desert after a dump truck crushec
the car. Below, Firefighters and paramedics help the driver of thr
dump truck, Alberto Valenzuela.
Runaway dump truck demolishes car
By MARCY BURSTINER
Staff writer
PALM DESERT — An out -of -control
dump truck crushes a woman to death along
Country Club Drive Monday morning, the
California Highway Patrol reported.
At 8:40 a.m. Viviane Bennison, 81, of Palm
Desert, was leaving the Suncreet Country
Club at 73-450 Country Club Drive, between
Monterey Avenue and Portola Street. Her
station wagon was stopped at a stop sign
when it was run over, CHP Traffic Officer
Craig Rentle said.
Dump truck driver Alberto Valenzuela, 25,
of Indio, apparently lost control of the truck
while changing lanes along Country Club
Drive, Rentle said.
The truck, owned by Kirkpatrick Land-
scaping Services, Inc. of Palm Desert, was
westbound when it crossed a right -turn -only
lane and swerved onto the sidewalk, striking
Bennison's station wagon broadside.
Upon impact, the truck continued to roll
across the top of the car, crushing Bennison,
Rentle said.
Valenzuela was taken to Desert Hospital in
Palm Springs where he was listed in critical
condition.
The westbound lane of Country Club Drive
was closed for four hours after the crash.
Education will help defeat AIDS, Warwick says
By ROSE WOJNAR
Staff writer
PALM DESERT — Dionne War-
wick knows collecting money
through concerts won't be enough
to fight the battle against AIDS.
Education must be the primary
weapon in wiping out the deadly
o..,.1 _' n.i than, is navor
But we keep plugging away," said
Warwick, America's Ambassador
of Health.
Warwick will combine the two
fronts tonight when she performs
with Brazilian singer Eliana Este-
vao at Club One Eleven in Cathe-
dral City. The duo also was sched-
„t 1 to n'rfnrm Monday nie39
promote health education and pro-
vide health services in underserved
areas.
Estevao, star of the dance show
"Oba, Oba." said AIDS is a large
problem in her native country.
Warwick said she thinks AIDS —
Acquired Immune Deficiency Syn-
drome — is the issue of the '90s
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REGULAR MEETING OF THE PALM DESERT CITY COUNCIL DECEMBER 13, 1990
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