HomeMy WebLinkAbout1991-08-22MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, AUGUST 22, 1991
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I. CALL TO ORDER
Mayor Snyder convened the meeting at 4 p.m.
II. PLEDGE OF ALLEGIANCE - Councilman S. Roy Wilson
M. INVOCATION - Mayor Walter H. Snyder
IV. ROLL CALL
Present:
Councilman Buford A. Crites
Mayor Pro-Tem Richard S. Kelly
Councilman S. Roy Wilson
Mayor Walter H. Snyder
Also Present:
Excused Absence:
Councilmember Jean M. Benson
Bruce A. Altman, City Manager
David J. Erwin, City Attorney
Sheila R. Gilligan, City Clerk/P.I.O.
Carlos L. Ortega, ACM/Executive Director of the Redevelopment Agency
Ramon A. Diaz, Director of Community Development/A.C.M.
Richard J. Folkers, Director of Public Works/A.C.M.
Paul Gibson, Director of Finance
Patrick Conlon, Director of Building & Safety
Frank Allen, Director of Code Compliance
Phil Drell, Assistant Planning Director
Jeff Winklepleck, Planning Technician
John Wohlmuth, Environmental Conservation Manager
V. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of July 11, 1991, Adjourned City Council
Meeting of July 17, 1991, and Regular City Council Meeting of July 25, 1991.
Rec: Approve as presented.
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B. CLAIMS AND DBMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR0610,
WR0612/0700, WR0614/0701, WR0704, WR0707, WR0708, WR0710, WR0803, and
WR0812.
Rec: Approve as presented.
C-1. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Lucky Stores, Inc. for Lucky
Store #860, 73-411 Highway 111, Palm Desert.
Rec: Receive and file.
C-2. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Lucky Stores, Inc. for Lucky
Store #865, 73-101 Country Club Drive, Palm Desert.
Rec: Receive and file.
C-3. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Margo Fine for Margo's,
73-260 El Paseo, #1A, Palm Desert.
Rec: Receive and file.
D. CLAIM AGAINST THE CITY by Sybil A. Salisbury, Stephanie Rose Salisbury, Kimberly
Ann Salisbury, and Ashley Nicole Salisbury in an Unspecified Amount (Claim #172).
Rec: Deny the Claim and Instruct the City Clerk to so advise the Claimant.
E-1. RESOLUTION NO. 91-92 - A Resolution of the City Council of the City of Palm Desert,
California, Setting Forth its Findings and Authorizing the Destruction of Files from the
Department of Building and Safety that have been Microfilmed (prior to July 1, 1991).
Rec: Waive further reading and adopt.
E-2. RESOLUTION NO. 91-93 - A Resolution of the City Council of the City of Palm Desert,
California, Setting Forth its Findings and Authorizing the Destruction of Files from the
Department of the City Manager that have been Microfilmed.
Rec: Waive further reading and adopt.
E-3. RESOLUTION NO. 91-94 - A Resolution of the City Council of the City of Palm Desert,
California, Setting Forth its Findings and Authorizing the Destruction of Files from the
Department of Public Works that have been Microfilmed.
Rec: Waive further reading and adopt.
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F. REOUEST FOR APPROVAL of the Implementation of the Legislative Advocacy Program
and Extension of Joe A. Gonsalves & Son Contract (#00-299) for an Additional Year.
Rec: By Minute Motion, authorize the implementation of the Legislative Advocacy
Program and extension of the contract with Joe A. Gonsalves & Son (#00-299) for
an additional year as approved in the 1991/92 Fiscal Year Budget.
G. RESOLUTION NO. 91-95, - A Resolution of the City Council of the City of Palm Desert,
California, Amending Resolution No. 91-83 by Deleting One Authorized Position and
Substituting it with Another Authorized Position (Delete Street Sweeper Operator and Add
Maintenance Worker II).
Rec: Waive further reading and adopt.
H. RESOLUTION NO. 91-96 - A Resolution of the City Council of the City of Palm Desert,
California, Amending the Fiscal Year 1990-91 Budget as a Result of Year -End Adjustments.
Rec: Waive further reading and adopt.
I. RSOLUTION NO. 91-97 - A Resolution of the City Council of the City of Palm Desert,
California, Amending the Fiscal Year 1990-91 Budget to Provide Appropriations to Capital
Project Reserve Funds.
J.
Rec: Waive further reading and adopt.
R.EOUEST FOR APPROPRIATION for Payment for Air Services for Altamira Project.
Rec: By Minute Motion, appropriate $1,530 from the Unobligated General Fund to
Account No. 110-4110-3125 for payment to Skydance Operations for air service
provided for City Council review during consideration of the Altamira project.
K. RUOUEST FOR APPROVAL of the Expenditure of Funds to Participate in a Coachella
Valley Joint Marketing Effort.
Rec: By Minute Motion, approve the expenditure of funds in the amount of $1,500.00
for this project from funds earmarked for marketing in the Economic Development
budget.
L. REQUEST FOR APPROVAL of the Expenditure of Funds to Participate in Creation of a
Coachella Valley Data Bank.
Rec: By Minute Motion, approve the expenditure of funds in the amount of $1,000.00
for the creation of a Coachella Valley Data Bank, said funds to be appropriated
from the Economic Development budget.
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M. LETTERS OF RESIQNATION from Ms. Rosemarie Troy and Ms. Dottie McEwan from the
El Paseo Business Improvement Area Board of Directors.
Rec: Accept with sincere regret.
N. REQUEST BY MR. TED LBNNON FOR APPROVAL to Use Historical Photos Located in
the Palm Desert Civic Center Lobbies in a Video Portrayal of the History of Palm Desert.
Rec: By Minute Motion, approve the request and authorize the City Clerk's Office to so
advise Mr. Ted R. Lennon.
0-1. REOUEST FOR APPROVAL of Contract with Artist Barbara Grygutis for Fabrication of
Artwork for Civic Center Sculpture Walk Site No. 8 (Contract No. 00-566).
Rec: By Minute Motion, approve the Civic Arts Committee recommendation and
authorize staff to proceed with a fabrication contract with artist Barbara Grygutis
in an amount not to exceed $76,000 to provide for an environmental seating
artwork for Sculpture Walk Site No. 8.
0-2. REQUEST FOR APPROVAL of Contract with the Artist Team of Ross Andrews and Martin
Varo for Peace Memorial to be Placed at the Civic Center Sculpture Walk Site No. 3
(Contract No. 00-567).
Rec: By Minute Motion, approve the Civic Arts Committee recommendation and
authorize staff to proceed with a fabrication contract with artist team of Ross
Andrews and Martin Varo in an amount not to exceed $62,000 to provide a Peace
Memorial at the Civic Center Sculpture Walk Site No. 3.
P. REOUEST FOR APPROVAL of Assessment District 84-1R - Reapportionment.
Rec: By Minute Motion, direct staff to: 1) Record the Amended Assessment Diagram
and assessments for Assessment District 84-1R, Assessment Nos. 1R, 2R, 3R, 86R,
and 87R; 2) file the assessments with the County Auditor.
Q-1. REOUEST FOR AWARD OF CONTRACT for Fred Waring Drive Improvements from
Portola Avenue to Deep Canyon Road - Phase I (Contract No. 00-551).
Rec: By Minute Motion, award the contract for the subject improvements to Matich
Corporation in the amount of $229,290.00 and authorize a ten percent contingency
in the amount of $22,929.00.
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AUGUST 22, 1991
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Q-2. REOUEST FOR AWARD OF CONTRACT for the Monterey Avenue Widening for Bike
Path from Magnesia Falls Drive to Gran Via (Contract No. 00-550).
Rec: By Minute Motion, award the contract to Globe Contracting for the subject project
in the amount of $55,832.50 and authorize a ten percent contingency in the amount
of $5,583.25.
Q-3. REQUEST FOR AWARD OF CONTRACT for the Widening of Portola Avenue and
Haystack Road (Contract No. 00-553).
Rec: By Minute Motion, award the contract to Matich Corporation for the subject project
in the amount of $146,020.61 and authorize a ten percent contingency in the
amount of $14,602.06.
R. REOUEST FOR RENEWAL of Contract for Landscape Specialist (Contract No. 00-382).
Rec: By Minute Motion, authorize a one-year extension of the contract for services by
the current landscape specialist, Eric Johnson Company (Contract No. 00-382).
S. REQUEST FOR EXTENSION of Landscape Maintenance Agreement for Fred Waring -
Monterey -Town Center Way (Contract No. 00-297).
Rec: By Minute Motion, authorize the Mayor to enter into an agreement with
Environmental Care, Inc. for maintenance of the subject project in the amount of
$2,191.96 per month.
T. REOUEST FOR TWO -MONTH EXTENSION of Contract for Highway 111 Landscape
Maintenance (Contract No. 00-291) and Authorization to Advertise and Ca11 for Bids for
subject project (Contract No. 00-568).
Rec: By Minute Motion: 1) Approve a two -month extension of Contract No. 00-291 with
Sunshine Landscape in the amount of $3,387.49 per month; 2) authorize the City
Clerk to advertise and call for bids for the Highway 111 landscape maintenance
(Contract No. 00-568).
U. REOUEST FOR APPROVAL of Parcel Map 27044, SMJ Development, Applicant.
Rec: Waive further reading and adopt Resolution No. 91-98 approving Parcel Map
27044.
V. REQUEST FOR STRERT VACATION for Desert Mirage Drive (Tract 25639).
Rec: Waive further reading and adopt Resolution No. 91-99 setting a public hearing to
consider the subject street vacation request.
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W. REOUEST FOR APPROVAL to Purchase Replacement Mini -Pickup Trucks.
Rec: By Minute Motion: 1) Authorize the negotiated purchase of three acceptable mini -
pickup trucks from existing 1991 inventory; 2) authorize the City Clerk to advertise
and call for bids for vehicles not obtained.
X. REQUEST FOR AUTHORIZATION to Advertise and Ca11 for Bids for 1991-92 Traffic
Striping Program (Contract No. 90-569).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the
subject project.
Y. REOUEST FOR APPROVAL of Substitution of Subcontractors for Civic Center Addition
(Contract No. 00-542).
Rec: By Minute Motion, approve the subcontractor changes as outlined in the staff report
dated August 14, 1991.
Councilman Wilson removed Item "M", and Councilman Kelly removed Item "0-2" for discussion
under Section IX, Consent Items Held Over.
Upon motion by Wilson, second by Kelly, the remainder of the Consent Calendar was approved
as presented by unanimous vote.
VI. ORAL COMMUNICATIONS - A
None
VII. RESOLUTIONS
None
VIII. ORDINANCES
For Introduction:
A. ORDINANCE NO. 655 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING SECTION 5.04.230, SECOND
PARAGRAPH, OF THE PALM DESERT MUNICIPAL CODE RELATING TO
PENALTIES.
Mr. Allen reviewed the staff report and recommendation.
Upon motion by Wilson, second by Kelly, Ordinance No. 655 was passed to second reading by
unanimous vote of the Council.
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AUGUST 22. 1991
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For Adoption:
A. ORDINANCE NO. 617 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM
DESERT ZONING MAP BY CHANGING THE ZONE FROM O.S. TO HPR AND PR-5,
CASE NO. C/Z 89-16 (ALTAWEST/BIG HORN VENTURES, APPLICANT).
Mr. Altman stated that no changes had been proposed since the first reading of the ordinance,
and he recommended adoption of same.
Upon motion by Wilson, second by Kelly, Ordinance No. 617 was adopted by a 3-1-1 vote with
Councilman Crites voting NO and Councilmember Benson ABSENT.
B. QtDINANCE NO. 6E4 - 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 14 UNIT SENIOR
HOUSING PROJECT AT 73-666 AND 73-688 SANTA ROSA WAY IN THE R-3 S.O.
ZONE, CASZ NO. CUP 91-5 (RAYMOND HAAS, APPLICANT).
Mr. Altman stated that no changes had been proposed since the first reading of the ordinance,
and he recommended adoption of same.
Upon motion by Kelly, second by Wilson, Ordinance No. 654 was adopted by unanimous vote of
the City Council.
IX. CONSENT ITEMS HELD OVER
M. LETTERS OF RFSIQNATION from Ms. Rosemarie Troy and Ms. Dottie McEwan from the
El Paseo Business Improvement Area Board of Directors.
Rec: Accept with sincere regret.
Councilman Wilson stated he had asked for discussion on this item because he was concerned
with the number of resignations occurring on this board. Noting that while the City did not
regulate the activities of this group, he suggested inviting the members to a meeting with the
City Council to see if there is a way it could help solidify the membership and its goals and
objectives.
Councilmembers concurred, and the City Manager was directed to schedule a luncheon meeting
with the El Paseo Business Improvement Area Board of Directors.
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0-2. REQUEST FOR APPROVAL of Contract with the Artist Team of Ross Andrews and Martin
Varo for Peace Memorial to be Placed at the Civic Center Sculpture Walk Site No. 3
(Contract No. 00-567).
Catherine Sass advised the Council that an additional appropriation was needed for this piece
of art and since money was no longer needed for site preparation, sufficient money was in
the budget. She asked that the City Council increase Contract No. 00-567 to an amount not
to exceed $83,600.
Councilman Kelly, by Minute Motion, approve the Civic Arts Committee recommendation and
authorize staff to proceed with a fabrication contract with artist team of Ross Andrews and Martin Varo in
an amount not to exceed $83,600 to provide a Peace Memorial at the Civic Center Sculpture Walk Site No.
3. Councilman Wilson seconded the motion, and it carried by unanimous vote of the Council.
X. NEW BUSINESS
A. CONSIDERATION OF AN APPEAR OF AN ARCHITECTURAL REVIEW COMMISSION
DECISION DENYING A SIGN WITH MORE THAN THREE COLORS, CASE NO.
1997SA (ELEPHANT BAR, APPELLANT).
Mr. Drell reviewed the staff report stating that the Architectural Review Commission liked
the design but did not have discretion within the ordinance to approve it. He said that it
Council agreed, it could approve the appeal and direct staff to prepare an ordinance
amendment giving such discretion to the A.R.C.
Councilman Wilson moved to approve the appeal and direct staff to prepare the necessary ordinance
amendment giving the Architectural Review Commission discretionary authority in approving signs with
more than three colors. Councilman Kelly seconded the motion, and it carried by a 3-1-1 vote with
Councilman Crites voting NO and Councilmember Benson ABSENT.
B. CONSIDERATION OF REQUEST FOR PROPOSALS (RFP) FOR SOUTHEAST CORNER
OF PORTOLA AND HIGHWAY 111.
Mr. Winklepleck reviewed the staff report and recommendation for approval.
Councilman Crites spoke against Option B saying the two-story building was a monstrosity
and one which would eliminate the frontage road and only provide isolated parking on one
end.
Upon question by Mayor Snyder, Mr. Ortega responded that the City owned the land and had
purchased it to widen the intersection of Highway 111 and Portola Avenue. He said after the
improvements, the site would still be buildable, but the City should try to recoup the money
spent to purchase it and allow the developer to participate in the cost of the street
improvements.
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Councilman Crites moved to, by Minute Motion, approve the site plan/development Alternatives
"A" and "C" as provided and authorize staff to issue a request for proposals to pursue the development of
the southeast corner of Portola and Highway 111 in accordance with the recommended alternatives outlined
in the staff report dated August 22, 1991. Councilman Kelly seconded the motion, and it carried by
unanimous vote.
C. REQUEST FOR REIMBURSEMENT OF PROJECTS THROUGH BOND ISSUE.
Mayor Snyder convened the meetings of the Palm Desert Financing Authority and the Palm
Desert Redevelopment Agency.
Roll Call for the Palm Desert Financing Authority
Present: Excused Absence:
Member Buford A. Crites Member Jean M. Benson
Vice Chairman Richard S. Kelly
Member S. Roy Wilson
Chairman Walter H. Snyder
Roll Call for the Palm Desert Redevelopment Agency
Present: Excused Absence:
Member Buford A. Crites Member Jean M. Benson
Vice Chairman Richard S. Kelly
Member S. Roy Wilson
Chairman Walter H. Snyder
Mr. Ortega reviewed the report and recommendation.
Councilman Crites moved to: As the Palm Desert Financing Authority, waive further reading and
adopt Resolution No. FA-4, declaring its intention to reimburse from the proceeds of tax-exempt bond
moneys of the City to be expended for a portion of the cost of the expansion of the Civic Center and the
installation and construction of the North Portola Storm Drain; as the City Council, waive further reading
and adopt Resolution No. 91-100, declaring its intention to cause to be reimbursed from the proceeds of tax-
exempt bond moneys of the City to be expended for a portion of the cost of the expansion of the Civic
Center and the installation and construction of the North Portola Storm Drain; as the Palm Desert
Redevelopment Agency, waive further reading and adopt Resolution No. 250, declaring its intention to
reimburse from the proceeds of tax-exempt bond moneys of the City to be expended for a portion of the cost
of the expansion of the Civic Center and the installation and construction of the North Portola Storm Drain.
Councilman Wilson seconded the motion, and it carried by unanimous vote of the three boards.
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D. CONSIDERATION OF REOUF,ST BY O. MICHAEL HOMME FOR WAIVER OF
UNDERGROUNDING REQUIREMENT FOR MONTEREY AVENUE OFFICE PROJECT,
CASE NO. PP/CUP 90-9.
Mr. Diaz stated that the applicant had requested this item be continued to the meeting of
September 12, 1991, as he was unable to attend.
Upon motion by Crites, second by Wilson, the item was continued to the meeting of September
12, 1991, by unanimous vote of the City Council.
E. REQUEST FOR APPROVAL OF CONTRACT FOR CITY OF PALM DESERT GOLF
CART TRANSPORTATION PROGRAM ENGINEERING STUDY.
Mr. Wohlmuth reviewed the staff report and recommendation.
Councilman Kelly moved to, by Minute Motion: 1) Authorize the Mayor to enter into an agreement
with Robert Bein, William Frost & Associates for the preparation of a City of Palm Desert Golf Cart
Transportation Program Engineering Study in an amount not to exceed $15,000 (Contract No. 00-570); 2)
authorize an appropriation of an additional $5,000 from the unallocated general fund budget reserve•to the
project budget. Councilman Crites seconded the motion, and it carried by unanimous vote of the City
Council.
F. CONSIDERATION OF HOVLEY LANE IMPROVEMENTS BETWEEN CORPORATE
WAY AND PORTOLA AVENUE.
Mr. Folkers reviewed the staff report and recommendation.
Councilman Crites said he did not want the median on this portion of Hovley eliminated as
this was a major street and one which was the entrance to the new Post Office.
Councilman Kelly moved to deny the request, and the motion died for lack of a second.
Councilman Kelly asked why the recommendation included authorization for a one-year time
extension. Mr. Folkers responded this would have the improvements completed by April of
1991; Mr. Kelly said they were needed now and should have been put in with the
development.
Councilman Wilson agreed and said it had been Council's intention when it approved the
second golf course that Marriott would proceed in a four -lane road construction. He said that
project has long since been completed, and Council feels it should be put in and the roadway
finished.
Mr. Erwin advised that if Council did not desire to approve the one-year time extension, it
should take no action on that recommendation.
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AUGUST 22, 1991
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Councilman Crites moved to direct staff to put the medians in on Hovley and to expedite
construction of Marriott's portion of the road. Councilman Kelly seconded the motion, and it carried by
unanimous vote.
G. INFORMATIONAL ITEMS:
1. Palmer CableVision Update.
Mr. Ortega stated that review of new Federal legislation indicated that Palmer
CableVision would now have to seek City of Palm Desert approval before any rate
increase could be made.
2. Update on Tri-Cities Sports Facility.
Mr. Diaz reported that staff was proceeding with the environmental impact report and
that hearings would be held before the Planning Commission and City Council in
October. He noted that a request had been received from people to the north of the
site who asked that the hearings be held in November when part-time residents
returned.
Mr. Diaz reported that the City was once again working with the College of the
Desert for a partnership with it and the County of Riverside and Riverside City
Library for a multi -agency library. He said the College had written a letter indicating
its willingness to cooperate and to provide a site for the facility.
3. Progress Report on Implementation of City's Housing Program.
Mr. Drell reviewed his staff report giving updates on One Quail Place, Desert Pointe
Apartments, Las Serenas Senior Apartments, Cable & Rylee, the residential
rehabilitation program, and the self-help housing program. He said that by the end
of 1991, the Housing Authority will own 598 units in Palm Desert with
Redevelopment Agency commitment to subsidize 148 very low, 149 low, and 148
moderate income units. An additional 72 senior apartments and 11 single-family
homes will be under construction. He noted that the City would not have to build any
units and that apartment owners were contacting him daily trying to sell their units at
a price less than what the City could build them for.
Mr. Peter Sterling and Gary Nogle presented their proposal to provide affordable
home ownership opportunities in Palm Desert in conjunction with Miller & Schroeder
and the Palm Desert Redevelopment Agency. Mr. Sterling said they had met with
Phil Drell and Carlos Ortega over the last several weeks and had come up with a land
plan and a house plan which they felt would serve this purpose. He said the site they
had chosen was the north side of Fred Waring Drive just east of Cook Street. The
proposal was to develop 160 duplex/single-family residences to be purchased by the
Redevelopment Agency. He said the density was 7 d.u. per acre, with all of the units
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at least three bedroom, two bath, and between 1100 and 1200 square feet. He said
the site had all the utilities available to it and was very close to shopping, schools, and
transportation. Mr. Nogle highlighted features of the units, including mediterranean
style architecture, garages/carports, patios, concrete driveways, and recreational
facilities.
Councilman Crites questioned how large the on -site child care facility in light of the
fact that these homes are designed for families with children. Mr. Nogle responded
that they were not at this time proposing a child care facility. Mr. Drell added that
the proposal was to build homes that would be sold to the Redevelopment Agency or
the Housing Authority. If in addition to housing we want to provide child care, we
can build a child care facility in association with the recreational facility.
Councilman Crites asked whether the project in this configuration met all of the
setbacks, open space, etc. requirements of any project in that neighborhood. Mr.
Drell responded that it did with the same exceptions as the project next door received
with regard to public open space.
Councilman Kelly stated that the trend in California today seemed to have a higher
density and have public open space instead of having large yards. He added that he
felt the Housing Authority, through the Redevelopment Agency, should go in an make
a concerted effort to purchase those multi -housing units in the City that have serious
problems such as crime, etc. That way the City can control those units and the
number of people in each unit, and what kind of problems they areas. He said he
would not vote for any more affordable housing until we do something with what we
already have.
Mr. Drell said the City had been offered a 20-unit project on Santa Rosa.
Upon question by Wilson, Mr. Drell stated that this developer wanted to know how
much money he should spend and whether this was a concept that would be worth his
putting money down, developing plans to submit to Planning Commission, and
whether this was something that the Redevelopment Agency could participate in. He
said the developer's goal was not to build a spec project to sell, it was to build a
project with the City of Palm Desert and the Housing Authority. He said he basically
wanted some type of assurance that this was something the City was interested in and
that the Redevelopment Agency would ultimately agree to participate in.
Councilman Wilson said his initial reaction was that he liked the concept and felt it
brought back a little nostalgia. He said the overall plot plan looked like it was well
thought out. He agreed with Councilmember Benson that this would an ideal spot to
place a child care facility, and he said he would encourage the developer to go to the
next step.
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Councilman Crites said he was not prepared to give any kind of commitment at this
time because he had just heard about the project and had not had a chance to review
the information. -
Mayor Snyder said he had no problem with the concept and would like to see the
developer proceed.
Councilman Kelly asked staff for a summary of all of the affordable housing in the
City.
Councilman Wilson said that although he liked the architecture, most of the 1930's
housing has become substandard slum housing in Los Angeles and other communities,
and he would hate to see the City develop something that looks stigmatized and out
of an area of low class. He said he was just throwing this out as a thought that this
should look like a desirable unit and not one that we are trying to build as low class
housing. He also said he felt the City Council should have a joint meeting with the
Planning Commission to take a tour of the City's existing housing stock and assess
jointly where we are and what our future needs are.
Council concurred and asked the City Manager to arrange said meeting.
4. Amendment to the Solid Waste and Recycling Agreement with Waste Management of
the Desert.
Mr. Wohlmuth stated that staff had been negotiating with Waste Management of the
Desert to amend the franchise to allow for the large recyclers in the City of Palm
Desert to keep the economic incentive for recycling. He said in one case a large hotel
in the City had hired three people to recycle and were recycling a large percentage of
the hotel's waste. He said the incentive created in the franchise agreement several
years ago had not given the Marriott Corporation a large incentive to keep recycling,
and this is what staff wanted to create in the amendment. He said at this time they
were primarily looking for support of a recycle center in Palm Desert on three acres
that Waste Management currently owns. Staff felt the three acres as a recycling
center would not only be a good idea but a great benefit to our recycling program.
He asked for Council comments and direction for staff to continue with the
negotiations and to bring back an amendment to the recycling agreement at a future
meeting. He offered to answer any questions.
Upon question by Councilman Wilson, Mr. Wohlmuth responded that the three acres
was adjacent to Waste Management's corporation yard in the Cook Street area.
5. Status Report on City of Palm Springs Correspondence Regarding Graffiti.
Mr. Altman stated that staff was working on this and would be back in October with
recommendations on how we will proceed.
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6. Report on Water Efficient Landscape Guidelines.
Mr. Wohlmuth stated that the City had retained the landscape architect firm of Avant
Gardens as its consultant on the water efficient guidelines. He noted that Council had
received copies of the draft booklet. He said staff felt this was an exciting project that
educates and promotes the use of water conserving plants and irrigation systems as
well as a Palm Desert landscape theme.
Councilman Crites asked whether the Planning Commission had reviewed this. Mr.
Wohlmuth responded that the Planning Commission had reviewed it on Tuesday and
had made several comments. These comments were primarily that the City of Palm
Desert be on every page of the booklet and that we bring in on the first couple of
pages some hard hitting information for homeowners as to why they should be doing
this. In addition, the Commission had asked that he look into providing some
information for the next issue of The Haute Line newsletter. He noted that the
brochures would be available at the Building & Safety counter, at the Planning
Department counter, at the Chamber of Commerce, and at the Water Efficient
Landscape Symposium.
Upon question by Councilman Kelly, Mr. Wohlmuth stated that the contract with
Avant Gardens was for $35,000. In negotiations, the quantity had been reduced to
2,500 copies which was included in the price. He noted that the Water Efficient
Landscape Symposium alone would use at least 1,000 copies.
Councilman Kelly stated that with the Symposium, we would actually charge the cost
of the booklet in the registration fee and that they would also be available for sale to
other agencies or interested parties.
Mr. Wohlmuth stated that they had also looked at putting a price on the cover of the
booklet, such as $2.00, which might make people feel the brochure was worth
something, and they would not be taken home, read, and thrown away. In addition,
he said the commitment when it was first brought to Council was that it would be for
the citizens and developers in the City. He said staff felt there would be a lot of
requests from outside the City for this brochure, and it was the feeling that the
brochure would be sold to outside citizens and developers at a price to recoup the
cost.
Upon question by Councilman Kelly relative to how soon they will be ready, Mr.
Wohlmuth responded that the schedule was that by October 2 all information would
be taken to the printer, who would have 30-45 days to print. He said the Symposium
was scheduled for November 25, and it was anticipated that the brochure would be
in his office the first or second week in November.
Councilman Crites stated that he agreed with the Planning Commission that there was
nothing in the introduction that explained why this brochure was created. He said he
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felt it needed some much stronger statements regarding water conservation and why
it is so important. In addition, he said that if this booklet does not give the detail we
wish to have on some of the concepts that are mentioned, we should have available
at City Hall a four -page, xeroxed handout to give to people who are really interested
in specific ideas. He asked that this be considered.
XI. CONTINUED BUSINESS
None
XII. OLD BUSINESS
A. CONSIRATION OF ADDITIONAL FENCING ON BLOCK WALL AT MONTEREY
COUNTRY CLUB.
•
Mr. Diaz reviewed the staff report, noting that the recommendation was that the Council
concur with the Architectural Review Commission and uphold its decision to approve t he
additional fencing at a maximum height of 24 inches and color to match the existing wall,
with the fencing to be completely screened at time of installation without the use of silk oaks.
Councilman Crites asked if there were other country clubs in Palm Desert that utilized this
type of fence, and Mr. Drell responded that Marrakesh had received approval seven or eight
years ago for a barbed wire fence on the side that has the oleander bushes. Crites asked if
there were any other residential developments around this part of town with this kind of
"impaling" fencework on them, and Mr. Drell responded that there were none to his
knowledge. Crites asked whether the phrase "completely screened" in the staff report meant
that people going by would not see the fence. Mr. Drell stated it was his understanding that
oleanders would be planted which would eventually grow to conceal it. He added that a
substantial portion of the fence already had oleanders. Mr. Diaz added that staff was not
very happy with this and would rather not see it put in at all but that it was staffs intention
to make sure the fence is screened as much as possible.
Councilman Kelly stated he felt the Planning Commission had done a good job with this and
that he did not understand why the Council was considering the matter. He said if the people
at Monterey Country Club have a problem with security and if it comes down to looks versus
security, he would say to protect the people first. He added that he did not think in this case
that there would be an aesthetics problem.
Councilman Kelly moved to, by Minute Motion, uphold the decision of the Architectural Review
Commission to approve the additional fencing subject to conditions. Motion was seconded by Wilson and
carried by a 3-1 vote, with Councilman Crites voting NO.
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B. REOUEST FOR CONSIDERATION of Landscape and Lighting Assessment for Fiscal Year
1991/92 for Tract 23982-Sonata I.
Mr. Altman stated that staff was requesting that the Council delay this matter until the 7:00
p.m. portion of the meeting because a request had been received from a citizen who wished
to address the Council on this subject.
Councilman Crites moved to hold this matter to the 7:00 p.m. portion of the meeting. Motion was
seconded by Wilson and carried by unanimous vote of the Council.
At the 7:00 p.m. portion of the meeting, Councilman Crites moved to continue the item to the
meeting of September 26, 1991. Motion was seconded by Wilson and carried by unanimous vote.
C. LETTERS FROM THE CITIES OF POMONA, LAKE ELSINORE, AND HUNTINGTON
PARK RELATIVE TO RESOLUTION OPPOSING WATER COMPANY SURCHARGES.
Councilman Wilson moved to, by Minute Motion, defer passage of the resolution. Motion was
seconded by Crites and carried by unanimous vote.
XB1. REPORTS AND REMARKS
A. CITY MANAGER
None
B. CITY ATTORNEY
Mr. Erwin asked that Council adjourn to Closed Session at an appropriate time.
C. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action
1. Consideration of Coachella Valley Peoplemover Feasibility Study (Mayor Pro-
Tempore Richard S. Kelly).
MR. RICHARD CROMWELL, Director of Sunline Transit Agency, stated that
in order to obtain funding for a peoplemover system, it was felt that it needed to
have a broader scope. He said that through the efforts of RCTC (Riverside
County Transportation Commission) and Sunline, they felt it would be appropriate
to look into the feasibility of a Valley -wide peoplemover. Sunline's Board of
Directors felt it was time to do this and had appropriated $50,000 to assist in the
beginning of this study. He said he had received correspondence yesterday
indicating approval of the $25,000 portion from the Federal Government. He
said the study would be done in two phases. He noted that with the $50,000 from
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Sunline Transit and $25,000 from the Federal Government, they were
approximately $20,000 short of funds needed to proceed with Phase 1 of the
study. He said they were requesting assistance from the City of Palm Desert with
the proviso that the end product would be focused toward the initial need within
Palm Desert. He added that they saw public transit becoming a system rather
than designed around buses, for example.
Councilman Kelly stated that basically this study would give Palm Desert what
is needed to move ahead with its people mover, and that is the reason for asking
Palm Desert to appropriate $20,000. He said if the $20,000 was approved, when
we do this study we will have a very good chance of getting $100,000 from the
Federal Government to complete the entire thing.
Mr. Altman recommended that Council appropriate $20,000 and said we would
be the first recipient of the program.
Councilman Crites moved to, by Minute Motion, appropriate $20,000 to participate in the
Coachella Valley Peoplemover Feasibility Study. Motion was seconded by Kelly and carried by unanimous
vote.
o City Council Committee Reports:
None
XIV. ORAL COMMUNICATIONS - B
MR. ERIC YELKE, 72-687 Sunvalley Lane, addressed the Council and said that a Kiplinger
newsletter from earlier this month informed him that the Supreme Court had given a Florida town
the go-ahead on running their own cable television based on the fact that the officials did not like
the service from a private cable company. He said they predicted that more and more cities would
be going this route and, at the very least, it provided cities leverage to use in their current setup.
Councilman Wilson stated that we did look into that several years ago when Palmer was for sale
and tried to get other cities to join with us but could not do so. He said he recalled that we found
that the cost of acquiring Palmer was prohibitive, and he asked Mr. Ortega what the outcome of
this was.
Mr. Ortega responded that we found we would need a joint venture of the other cities in order to
afford it. He said the consultants that finance those types of purchases indicate they go on a per
customer basis because of the revenue potential. He said we were looking at a purchase price of
$190 million to $210 million for the system, which was far beyond the City of Palm Desert's
capacity.
Councilman Wilson added that the cable industry was in a very precarious position right now with
new technology such as multi -point, multi -distribution, over -the -air microwave services, the
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possibility of the telephone companies getting into cable deliveries, etc. He said this made it not
as feasible as it looked five years ago. In addition, he said that next year we will have the first
U.S. direct broadcast satellite making available cable services with an antennae that fits in the
window of your home. He said all of these kinds of technology make it not a good investment to
go out and buy a cable company right now, and building one is even more prohibitive because of
the need to wire the entire city and put cable, under ground.
Councilman Kelly added that the recent ruling gives the City back some control over rates.
Upon motion by Crites, second by Kelly, and unanimous vote of the Council, Mayor Snyder
recessed the meeting at 6:00 p.m. for dinner. He reconvened the meeting at 7:00 p.m.
XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
Old Business Item B was considered at this time. See that portion of the Minutes for Council
action.
XVI. ORAL COMMUNICATIONS - C
MS. MARCIA ERICKSON, 124 Geraldo Circle, said she was interested in being appointed to a
City Committee/Commission and had filed her resume with the City Clerk's Office.
XVH. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATIQN OF CERTIFICATES OF APPRECIATION TO PARTICIPANTS IN
HIGH SCHOOL SUMMER WORK PROGRAM.
Mayor Snyder presented certificates of appreciation to the following students participating in
the City's Summer Work Program: Stephanie Townsend, Theresa Ruida, Patrick Ortiz, and
Stephanie Braun.
B. APPOINTMENT TO THE PLANNING COMMISSION TO FILL VACANCY CREATED
BY THE EXPIRATION OF TERM OF RICK ERWOOD.
C. APPOINTMENTS TO THE PROMOTION COMMrrIhE TO FILL VACANCIES
CREATED BY THE EXPIRATION OF TERMS OF LLOYD CHESTER, LOU FEIRING,
KURT SIPOLSKI, AND ROBERT SCHOLL.
D. APPOINTMENT TO THE PARKS & RECREATION COMMISSION TO FILL
VACANCIES CREATED BY THE EXPIRATION OF TERM OF DANIEL BARNES AND
RESIGNATION OF SUSAN MACK.
E. APPOINTMENT TO THE BUILDING BOARD OF APPEALS & CONDEMNATION TO
FILL VACANCY CREATED BY THE EXPIRATION OF TERM OF PAUL WHITE.
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F. APPOINTMENTS TO THE ARCHITECTURAL REVIEW COMMISSION TO FILL
VACANCIES CREATED BY THE EXPIRATION OF TERMS OF RICK HOLDEN AND
FRANK URRUTIA AND RESIGNATION OF RUSSELL McCREA.
G. APPOINTMENTS TO THE CIVIC ARTS COMMFI'1 LE TO FILL VACANCIES
CREATED BY THE EXPIRATION OF TERMS OF JANET BRODY AND PAULA
KROONEN.
H. APPOINTMENT OF CITY REPRESENTATIVE TO THE SENIOR CENTER BOARD TO
FILL VACANCY CREATED BY RESIGNATION OF ROBERT SPIEGEL.
Councilman Crites moved to continue Items B through H to the meeting of September 26, 1991.
Motion was seconded by Wilson and carried by unanimous vote of the Council.
Mr. Wohlmuth introduced Mr. Mark Skeetz, a solicitor from our Sister City in Gisborne, New
Zealand, and said he had been in Palm Desert since Wednesday.
Mr. Skeetz thanked the Council, staff, and residents for hospitality extended to him since his
arrival. He added that he had been in the United States for approximately three weeks and that it
was nice to finally get to Palm Desert and be able to stop in one place for longer than a few days.
He said one of his specialties in Gisborne was in the town planning area and that he looked forward
to sitting in on this meeting.
XVIII. PUBLIC HEARINGS
NOTE: AT THIS POINT IN THE MEETING, THE COUNCIL SUSPENDED THE REMAINDER
OF THE AGENDA AND CONSIDERED PUBLIC HEARING "C". SEE THAT PORTION
OF THE MINUTES FOR COUNCIL DISCUSSION AND ACTION.
A. REQUEST FOR CONSIRATIOl OF THE ADOPTION OF THE MASTER DRAINAGE
PLAN DATED JUNE, 1991, AND SETTING FEES FOR DRAINAGE FACILITIES IN
ACCORDANCE WITH THE MASTER DRAINAGE PLAN (Continued from the Meeting
of July 11, 1991).
Mr. Altman said staff was still working on this and recommended that the public hearing be
opened to receive any testimony and that it then be continued for 90 days.
Mr. Erwin asked that the continuance be to a date specific, which would be the first meeting
in November, because this is a public hearing.
Mayor Snyder declared the public hearing open and invited testimony in FAVOR of or OPPOSED
to this matter. No testimony was offered.
Councilman Kelly moved to continue this matter to the meeting of November 14, 1991. Motion
was seconded by Crites and carried by unanimous vote.
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B.
REQUEST FOR APPROVAL OF PRECISE PLAN/CONDITIONAL USE PERMIT
AMENDMENT FOR A 70,000 SQUARE FOOT OFFICE/RESTAURANT COMPLEX ON
4.7 ACRES AT THE SOUTHEAST CORNER OF EL PASEO AND HIGHWAY 111
(CUSACK RADAKER DEVELOPMENT, INC., APPLICANT) CASE NO. PP/CUP 89-3
AMENDMENT (Continued from the Meeting of July 11, 1991).
Mr. Drell reviewed the staff report and recommendation, noting that this involved the vacant
areas around the old Desert Magazine building at El Paseo and Highway 111.
Mayor Snyder declared the public hearing open and invited testimony in FAVOR of this request.
MR. BILL CUSACK, managing general partner of the Cusack Radaker Partnership that owns
this property, stated that the only thing he would add to Mr. Drell's presentation was that he
had met personally with both the proprietor of the tool business and the insurance agency in
the corner building and given each of them the site plan. In both cases, they felt it would be
an improvement and had no problem with it. He offered to answer any questions.
Mayor Snyder invited testimony in OPPOSITION to this request. No testimony was offered, and
he declared the public hearing closed.
Councilman Crites said Mr. Cusack had been very cooperative in not so usual ways. He said
a rare specimen Ocotillo, the only one found of that particular variety in the United States,
had been found on Mr. Cusack's property, and he had donated it to The Living Desert. He
noted that one thing missing in the conditions of approval was mention of the parking lot tree
ordinance.
Mr. Drell responded that this plan did adhere to the tree ordinance but that staff would add
it to the conditions of approval.
Councilman Crites also stated he felt this architecture was much better than what we had last
time and that he had voted against the project partly because it was two-story and partly
because of the way it hid the existing building. He felt this was a better contribution to our
city and would make a much finer retail area because it exposes one of the few historic sites
we have and uses it as a focal point. He added that he had noticed the developer would be
putting in specimen cacti in several areas and suggested that they resist the trend to pretend
it is Tucson.
Councilman Kelly said he agreed with CalTrans and did not see any reason for having an
opening at the other end. He said he liked this much better and felt it was an opportunity for
the City to eliminate one of those situations of a frontage road hazard. He added that he also
liked the architecture.
Councilman Wilson said he felt this was an improvement over the original proposal; however,
he still did not like it. The architecture was better but still diminishes the importance of what
he felt was the most significant historical building in the City of Palm Desert and one that he
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felt should be focused, spotlighted, and held up as our beginning. He added that he felt the
dominance of the other two structures, particularly the one on the northwest end of the
building, dwarfs the Desert Magazine building.
Mayor Snyder stated he liked the program and the parking in the rear. He agreed that the
Desert Magazine building was a very important historical building.
Councilman Kelly moved to waive further reading and adopt Resolution No. 91-101, approving
PP/CUP 89-3 Amendment and PM 26994, subject to conditions. Motion was seconded by Snyder.
NO.
Upon question by Crites, Councilman Wilson said he did not see a practical way of
addressing his concerns about the buildings except to reduce the square footage of the project
and diminishing the size of the objectionable building.
Mayor Snyder called for the vote. Motion carried by a 3-1 vote, with Councilman Wilson voting
C. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DECISION
ALLOWING A RECREATIONAL VEHICLE TO BE PARKED IN THE FRONT YARD
AREA AT 72-868 SKYWARD WAY, CASE NO. RV91-Z (JEAN MICHAEL,
APPELLANT).
Mr. Diaz reviewed the staff report and recommendation that the Council uphold the approval
granted by the Planning Commission.
Mayor Snyder declared the public hearing open and invited testimony in FAVOR of allowing the
recreational vehicle to be parked in the front yard at 72-868 Skyward Way.
MR. JIM ARMSTRONG, 72-868 Skyward Way, spoke as owner of the recreational vehicle
in question and said he had lived in Skyward Way since 1973 when the house was built. He
said he had owned the motorhome and had parked it at this location since 1978. He said it
had never been his intent to create or maintain an eyesore and that when he had first parked
the motorhome there, he had immediately screened it from view with lattice work and planted
shrubbery in front of the lattice. The lattice had since been replaced with a block wall, and
wrought iron gates and decorative lanterns had been installed. All of this was done long
before enactment of the RV ordinance. He said to his knowledge, there was only one
objection from neighbors on Skyward, and the only other objections were from people who
lived as far away as two streets and completely out of the line of sight of the coach. He said
he had letters of approval from all of the neighbors directly in front of the coach and those
who would be most directly affected by it. He added that he felt he had complied completely
with provisions of the ordinance; however, if there was anything lacking that could be done,
he said he would request the opportunity to bring the site into compliance.
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Councilman Crites asked if Mr. Armstrong had copies of the letters of approval from his
neighbors. Mr. Armstrong said they had been submitted to the Planning Commission and
that it was his understanding that Council had received them.
MR. KEN STENDELL, 72-847 Skyward Way, stated that he lived across the street from Mr.
Armstrong's motorhome. He said in the five years he had lived at this address he had seen
Mr. Armstrong not only maintain but approve the site to help screen the motorhome. He said
he had been the originator of a complaint on RV's in the past for which the permit was
denied and that he had also stated in his letter that he felt Mr. Armstrong should be
commended for the actions he had taken to get his motorhome totally out of sight. He said
he was in favor of allowing this motorhome to remain, that he did not think it was an
unsightly situation, and that he felt Mr. Armstrong had gone the extra mile to create a sightly
street scene.
Mayor Snyder invited testimony in OPPOSITION.
MS. JEAN MICHAEL, 72-848 Skyward Way, said the motorhome could be seen from the
street and other properties. She said the pictures presented to the Planning Commission by
Mr. Armstrong at the permit hearing were misleading. She added that there had been at least
16 written requests for this permit to be denied due to property devaluation in the area.
MR. GEORGE SEMAU, 72-848 Bel Air Road, said he was totally against any recreational
vehicles or motorhomes in front of the property. He said he had sent a petition to the City
Council signed by 25-35 people in the area, which the Council apparently had not received.
He noted that Mrs. Williams at Homestead had a dying husband several years ago and had
her home for sale. She had problems selling the house but finally did sell it for half the price
because next door was a 50 foot motorhome with people living in it. He said people were
afraid to call the City because the person was supposedly with the Police Department. He
added that many other people were afraid to complain to the City about other people's
motorhomes and that he felt it was very, very wrong.
Councilman Wilson asked whether Mr. Semau had complained to the City about the home
on Homestead. Mr. Semau responded that he had complained to Councilman Wilson and to
the City about four years ago. Councilman Wilson suggested that Mr. Semau call the Code
Compliance Department because he said he had been advised that there had been no
complaints about that particular motorhome.
MRS. KAY CRAIG, 72-992 Bel Air Road, said her home was completed in 1959 and that
she was opposed to RV parking on the streets.
Mayor Snyder declared the public hearing closed.
Councilman Kelly stated that the City had been working on this problem for at least five
years, and along the way there was a State law passed that unless we had an ordinance where
we could justify what we were doing, people could pretty much park a motorhome on their
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private property any time. One of the things the Council had tried to do was to come up with
a system of screening to make sure the neighborhood looked proper. He said he concurred
with everyone who had a motorhome and that he had spend $5,000 himself to make sure his
motorhome was in the back yard and screened. He said from what he could tell in looking
at the pictures, this is the type of thing the Council is looking for -- a situation where the
owner of a motorhome mitigates that problem in such a way that it does not look any worse
than having a car parked there. He said it seemed that Mr. Armstrong had spent a lot of
money and had done a good job of screening his motorhome. He added that he had worked
on the RV Committee several times and had the same concern that we want to keep our
neighborhoods up to standards and not affect the aesthetics of the neighborhood.
Upon question by Councilman Kelly relative to regulations for parking on streets, Mr. Erwin
responded that State law allowed cities to prevent parking on public streets as long as it
applied to all vehicles; cities are not allowed to distinguish between types of vehicles.
Councilman Crites stated that for at least five years there had been debates about whether or
not someone should or should not be able to park an RV anywhere on their property or
should they be totally banned, which some cities do (i.e., Indian Wells). He said there was
discussion between people who believed that RV's should be banned everywhere except in
storage yards, people who believed that was unfair because of the damage and the vandalism
that occurs to RV's, people who were after first amendment property rights, etc. He said if
he remembered correctly, the Council voted 3-2 that under certain circumstances a person
should be able to park an RV or boat on their residential property under certain conditions:
1) That as much as possible, the person should place that vehicle in either the back or side
yard, 2) that only in those situations where a person could not physically accomplish that
could the person apply for a permit to park it in a front yard. He said the concept of
applying for a permit is not the same as having the application being granted, and it is a
discretionary decision. In order for approval to be granted, the RV would have to be
screened to the maximum level. He noted that there would obviously be disagreement within
the community as to whether or not any permits should be approved and that he had talked
to some realtors who say property values decrease while others say it doesn't devalue
property at all. He said he felt this particular situation, perhaps with some additional planting
if necessary, meets the intent of the ordinance.
Councilman Wilson stated that Mrs. Michael had given a rather compelling case indicating
that this was an issue dealing with property values and that allowing motorhomes in the front
yards depreciates property. He said he lived in this neighborhood approximately 300 feet
from the property in question, and no matter which way he votes it could be interpreted as
protecting his own property values.
Mr. Erwin responded that if the home is within 300 feet, he would recommend that
Councilman Wilson abstain from voting.
Councilman Wilson said that with some of the frustrations we have, there are some cases in
this neighborhood in which there are motorhomes that are not screened, that are sitting in
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driveways, that are plugged in, and look like they are being used as residences. He said he
had brought this to the attention of the Code Compliance Department several times and
Thought others had done the same. However, he said one of his colleagues had looked into
the situation week and was told that the reason nothing was done was that no one had
complained. He said he felt that what was needed was a little tighter view of all RV's to
make sure those that do exist in front yards are screened as this applicant has done.
Upon question by Councilman Kelly as to why a portion of the motorhome is not screened,
Mr. Armstrong responded that the portion to the rear was not completely screened because
he had a gate into the rear and side yard at that point; however, if this is a problem, he said
he would plant shrubs all the way back to completely screen it. He added that the lot was
simply not wide enough for him to move the motorhome further to the rear and be completely
in the side yard. He said his lot was about five feet higher than his neighbor to the east, and
his neighbor's living room would be looking right into the entire side of the motorhome.
Mayor Snyder stated that a lot of time and effort had been spent on this subject. The
ordinance does state that if there is no other place on a property to park a motorhome, the
owner can park it in the front yard if it is properly screened and if the neighbors do not
object. He said it seemed there was an almost even number of letters in favor and in
opposition.
Councilman Kelly stated that because of the extreme screening of the motorhome in question, he
would move to, by Minute Motion, affirm the approval granted by the Planning Commission.
Councilman Crites proposed an amendment to the motion that would ask for additional screening
as practical for the blank spot toward the rear. Councilman Kelly accepted the amendment. Motion was
seconded by Crites and carried by a 2-1-1 vote, with Mayor Snyder voting NO and Councilman Wilson
ABSTAINING.
D. CONSIDERATION OF AN APPEAL TO A DECISION OF THE PLANNING
COMMISSION TO IMPOSE A SPECIFIC CONDITION ON THE APPROVAL OF THE
PRECISE PLAN APPLICATION FROM GTE, CASE NO. PP91-5, (URRUTIA
ARCHITECTS FOR GTE, APPELLANT).
Mr. Altman stated that this appeal had been withdrawn and, therefore, no action was
necessary.
E. REQUEST FOR CONSIDERATION OF AN AMENDMENT TO THE ZONING
ORDINANCE AS IT RELATES TO PERMITTED CONDITIONAL USES IN THE P-
PUBLIC/INSTITUTIONAL ZONE, CASE NO. ZOA91-2.
Mr. Diaz stated that this matter had been heard by the Planning Commission on Tuesday, and
the reason for the quick turnaround on a zoning ordinance amendment was as a result of some
litigation action that was taken against the City with regard to the College of the Desert Street
Fair. He said this was being done in order to demonstrate to the courts that the City is
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proceeding with ordinance amendments. Application for a conditional use permit had been
made and was currently being processed through his department. He said that at the hearing
the Planning Commission recommended to the City Council that it amend the public zone to
allow this particular use with a conditional use permit but stated that the affirmative
recommendation would be only if a similar amendment was made to other commercial zones
so that open air street fairs, etc. would be permitted in those zones subject to the same type
of conditional use permit hearing. The Planning Commission instruction staff to prepare the
zoning ordinance amendment to follow this one. He said it had already been advertised and
would be heard by the Commission at its meeting of September 17th. He said staff
recommended that Council approve this ordinance amendment; however, if Council wished
to continue the hearing, staff would recommend that it be continued to the first meeting in
October which would give the opportunity for the other zoning ordinance amendment to be
before Council at the same time. He offered to answer any questions.
Mr. Erwin stated that previously Councilmen Wilson and Crites had abstained from voting
on this issue. He said three affirmative votes were needed to pass any ordinance amendment,
and he recommended that the hearing be opened for testimony from the public and that it then
be continued to the first meeting in October.
Mayor Snyder declared the public hearing open and invited testimony from the public.
MR. DAN EHRLER, Palm Desert Chamber of Commerce, said he supported the
recommendation for continuance until the first meeting in October. He noted the Council had
received copies of the communication sent to the Planning Commission explaining the position
of the Board of Directors of the Chamber and said he would appreciate the opportunity to
address Council at its October loth meeting.
Councilman Crites said that as the City's representative to the Chamber, he would abstain
from voting on this matter. In addition, he commended the Chamber for taking time to
discuss a variety of points of view on this issue and to look over at least five separate
alternatives when choosing what to support.
Mr. Ehrler added that the Board was very willing to take part in the conditional use permit
process and give input to that process.
Councilman Kelly moved to continue this matter to the meeting of October 10, 1992, with the
understanding that this motion was being made because it would be impossible to take action at this meeting
due to one Councilmember's absence and abstentions from two other Councilmembers. Mayor Snyder
seconded the motion. Motion carried by a 2-0-2 vote, with Councilmen Crites and Wilson ABSTAINING.
F. CONSIDERATION OF REQUEST FOR STREET VACATION - FRANK SINATRA DRIVE
WEST OF PORTOLA AVENUE (SANTA ROSA COUNTRY CLUB, APPLICANT).
Mr. Folkers reviewed the staff report and offered to answer any questions.
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Mayor Snyder declared the public hearing open and invited testimony in FAVOR of or OPPOSED
to this request. No testimony was offered, and he declared the public hearing closed.
Councilman Crites moved to waive further reading and adopt Resolution No. 91-102, vacating a
portion of public right-of-way known as Frank Sinatra Drive. Motion was seconded by Wilson.
Councilman Kelly stated that with Santa Rosa Country Club being in the County, this would
be a good opportunity to make sure we get a wall that would aesthetically match what we
might do across the street later.
Mr. Folkers responded that staff would talk to the County people about trying to do
something that matches what Palm Desert Greens has done so that it will be more
aesthetically pleasing.
Councilman Kelly added that the City would not allow a chain link fence; therefore, if we
are going to give up five feet, he felt we should make sure we do not end up with a chain
link fence.
Councilman Wilson asked if the Council could approve the street vacation subject to the right
to review the plans for the block wall that will go on that property.
Mr. Erwin stated that if Coyncil wanted to have any control, it would need to condition the
vacation.
Councilman Kelly amended his motion to include the condition stated by Wilson. Wilson agreed
with the amendment. Motion carried by unanimous vote of the Council.
XIX. ORAL COMMUNICATIONS - D
None
Councilman Crites moved to add a late item to the Agenda relative to comments of the
Environmental Conservation Manager about the Eagle Mountain Landfill Environmental Impact Report
(EIR). Motion was seconded by Wilson and carried by unanimous vote of the Council.
Councilman Crites stated that there were going to be a number of meetings to take action and
recommendation on this issue before the Council meets again, and he said it was important
for the Council to endorse, modify, reject, etc. the comments (on file and of record in the
City Clerk's Office). He said that with regard to Item #4 that the proposal should prohibit
truck transport from other counties, he personally would not even like to see truck
transportation used from the western end of Riverside County. He said it should be modified
to reflect that the proposal should prohibit the normal use of truck transportation from areas
west of the Whitewater pass area.
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AUGUST 22. 1991
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Councilman Crites stated a second issue that was not addressed in the comments was that
there were initially some strong comments made in terms of air quality and electrification of
the rail system. He said he felt there were significant concerns about the deterioration of air
quality given the enormous number of trains this will bring through the Valley. He felt we
should strongly address the issue of electrification and move from diesel to an alternate fuel
source.
Councilman Wilson suggested that Item #8 be added that this project be conditioned to
mitigate any and all air quality recommendations coming from the AQMD, which will be
commenting on the EIR. Whatever comes out in the way of mitigation, he said he would like
to see Palm Desert go on record as saying that we want those mitigation measures adopted,
whether it be electrification, use of alternative fuel trucks, recycling of the methane gas at
the site at Eagle Mountain, etc.
Councilman Crites also expressed concern that a certain percentage of the monies from this
project be guaranteed to remain in the Valley.
Mr. Wohlmuth responded that Supervisor Corky Larson discussed this at the CVAG
Executive Committee meeting and felt what she discussed should be put in writing. He said
that in her discussion, she indicated that $4.00 from the tipping fee would be collected by the
County, and half of that was for eastern Riverside County mitigation measures. He said he
believed the Committee asked that this be put in writing.
Councilman Crites stated that this would then become Item #9 in the comments. He asked
whether Supervisor Larson further broke down how that $2.00 would be allocated, and Mr.
Wohlmuth responded that she had not.
Mr. Diaz added that Council may wish to stipulate that in the revenues we get, it would be
half of the net. Mr. Wohlmuth added that this would be added to the comments on the EIR.
Councilman Crites moved to, by Minute Motion, approve the comments on the EIR as amended
to modify Item #4 and add Items #8 and #9 as stated above. Motion was seconded by Wilson and carried
by unanimous vote.
XX. ADJOURNMENT
Councilman Crites moved to adjourn to Closed Session at 8:45 p.m. pursuant to Government Code
Section 54956.9 (a) (Concerned Merchants v. Palm Desert, Palm Springs Recycling v. City of Palm Desert),
(b), and (c), Pending and Potential Litigation, said Closed Session to immediately follow adjournment of
the Redevelopment Agency meeting. Motion was seconded by Kelly and carried by unanimous vote.
Mr. Erwin stated he would like to add a comment to the Minutes of this meeting. He said that on
August 5, 1991, the Council held a Closed Session with respect to potential litigation under
Government Code Section 54956.9 (b) dealing with threatened and/or potential litigation. He said
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he did not believe the previous Minutes reflected that, and he felt it was necessary to do so. He
added that it was held just prior to that meeting.
Mrs. Gilligan responded that it would be added.
Mayor Snyder reconvened the meeting at 9:55 p.m. and immediately adjourned with no action
announced from Closed Session.
ATTEST:
SHEILA(R
CITY OF
GILLIGANYCIT$ CL
ALM DESERT, CALIFORNIA
WALTER H. SNYDER, MAYOR
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