HomeMy WebLinkAbout1993-07-08MENU TES
REGULAR PALM DESERT CITY COUNCIL MEETLNG
THURSDAY, JULY 8, 1993
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I. CALL TO ORDER
Mayor Benson convened the meeting at 4:00 p.m.
U. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore S. Roy Wilson
III. INVOCATION - Councilman Richard S. Kelly
IV. ROLL CALL
Present:
Councilman Buford A. Crites
Councilman Richard S. Kelly
Councilman Walter H. Snyder
Mayor Pro-Tempore S. Roy Wilson
Mayor Jean M. Benson
Also Present:
Bruce A. Altman, City Manager
David J. Erwin, City Attorney
Sheila R. Gilligan, City Clerk/Public Information Officer
Ramon A. Diaz, ACM/Director of Community Development
Richard Folkers, ACM/Director of Public Works
Carlos L. Ortega, ACM/RDA Executive Director
Paul Shillcock, ACM/Director of Economic Development
Pat Conlon, Director of Building and Safety
Dave Millheim, Director of Human Resources
Agnes Flor, Accounting Supervisor
Larry McAllister, General Services/Purchasing Officer
Catherine Sass, Public Art Coordinator
Wayne Ramsey, Code Enforcement Officer
John Wohlmuth, Environmental Conservation Manager
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V. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of June 24, 1993.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant No. 56.
Rec: Approve as presented.
C. CLAIM AGAINST THE CITY (#222) by National Auto & Casualty Insurance Co. as
Subrogee for Kathy Sisco in the Amount of $4,020.99.
Rec: By Minute Motion, deny the claim and instruct the City Clerk to so advise the
Claimant.
D. CLAIM AGAINST THE CITY (#224) by Harriet Robinson in an Amount in Excess of
$10,000.00.
Rec: By Minute Motion, deny the Claim and instruct the City Clerk to so advise the
Claimant.
E. CLAIM AGAINST THE CITY (#225) by Suzanne Moore, Individually and as
Mother/Guardian of Four Minor Children in an Amount in Excess of $5,000,000.
Rec: By Minute Motion: 1) Deny the Claim and refer the Claimant to the County of
Riverside; 2) instruct the City Clerk to so notify the Claimant.
F. REQUEST FOR APPROVAL of Location of Coyote Benches in the Civic Center Park.
Rec: By Minute Motion, affirm the recommendation of the Art -In -Public -Places Selection
Subcommittee and the CIP Construction Committee to place two "Coyote Benches"
at the locations identified in the staff report dated July 8, 1993 (at main entry areas
on the south side of the lagoon).
G. 1 EOUEST FOR APPROVAL of Easement for Southern California Edison at Dinah Shore
Drive and Monterey Avenue.
Rec: By Minute Motion, authorize the Mayor to execute a Southern California Edison
easement for the undergrounding of the overhead transmission line along Dinah
Shore Drive east of Monterey Avenue.
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H. REQUEST FOR R LEASB of Subdivision Improvement Security for Parcel Map 26609
(Nelcon, Inc., Applicant).
Rec: By Minute Motion, accept the subdivision improvements as complete and authorize
the City Clerk to release the subject improvement securities.
I. REQUEST FOR APPIOVBL of Parcel Map 27463 (RK Development, Applicant).
Rec: Waive further reading and adopt Resolution No. 93-69 approving Parcel Map
27463.
J. REOUEST FOR APPROVAL of Final Parcel Map 27777 (Callie T. Coates and Celia G.
Christman, Applicants).
Rec: Waive further reading and adopt Resolution No. 93-70 approving Parcel Map
27777.
K. PROGRESS REPO) T on Graffiti Removal Program.
Rec: By Minute Motion, authorize the extension of the two -month trial contract with
Sunline Transit Agency an additional six months (Contract No. C07361).
L. REQUEST FOR ACCEPTANCE OF WORK for Civic Center Landscape Retrofit Project
(Contract No. C0602Q).
M.
Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file
a Notice of Completion for the subject project.
AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS for a Vehicle Maintenance
Lift and Forklift.
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for: 1)
surface mounted vehicle maintenance lift; 2) forklift with a minimum 12-foot lift
height ap city•
Mr. Altman asked that Items C, D, and L be removed for separate discussion under Section IX,
Consent Items Held Over, of the Agenda.
Upon motion by Wilson, second by Snyder, the remainder of the Consent Calendar was approved
as presented by unanimous vote of the Council.
VI. ORAL COMMUNICATIONS - A
None
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VII. RESOLUTIONS
A. RESOLUTION NO. 93-57 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING THE ESTABLISHMENT OF A
SERVICE AUTHORITY FOR ABANDONED VEHICLE ABATEMENT IN
CONJUNCTION WITH THE COUNTY OF RIVERSIDE AND PARTICIPATION CITIES
(Continued from the Meeting of June 24, 1993).
Mr. Ramsey reviewed the staff report, noting that it addressed questions raised by Council
at its meeting of June 24, 1993.
Councilman Wilson whether, if the County adopts this and impounds the money, those
monies would be available to the cities as soon as they pass the resolution. Mr. Ramsey
responded that that was his understanding. Councilman Wilson suggested that the Resolution
be tabled until we see what the County will do about this program. If it is mandated on the
people, the City of Palm Desert should get its fair share and adopt a resolution at that time;
however, he did not think the City should participate in the movement to get the County to
approve the program.
Councilman Wilson moved to TABLE this item and ask that staff monitor the County activities in
this area and report back to the Council if they should adopt the necessary resolution to collect this money.
Motion was seconded by Kelly and carried by unanimous vote of the Council.
VIII. ORDINANCES
For Introduction:
None
For Adoption:
A. ORDINANCE NO. 723 - 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 SPEED ZONES (Hovley Lane East between
Portola Avenue and Cook Street; Hovley Lane East between Cook Street and Carlotta Drive).
Mr. Altman noted that no changes had been made to this ordinance since its introduction, and
he recommended its adoption.
Councilman Crites moved to waive further reading and adopt Ordinance No. 223. Motion was
seconded by Kelly and carried by unanimous vote.
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IX. CONSENT ITEMS HELD OVER
C. ,AIM AGAINST THE CITY (#222) by National Auto & Casualty Insurance Co. as
Subrogee for Kathy Sisco in the Amount of $4,020.99.
Rec: By Minute Motion, deny the claim and instruct the City Clerk to so advise the
Claimant.
D. CLAIM AGAINST THE CITY (#224) by Harriet Robinson in an Amount in Excess of
$10,000.00.
Rec: By Minute Motion, deny the Claim and instruct the City Clerk to so advise the
Claimant.
Mr. Altman noted that items C and D had clerical errors in the Background section of the staff
reports. He said they noted that the Claimants should be referred to the County of Riverside; this
reference should be stricken on both of the reports, and the recommendations were to deny the
Claims and instruct the City Clerk to so notify the Claimants.
Councilman Snyder moved to, by Minute Motion, deny Claim Nos. 222 and 224 and instruct the
City Clerk to so notify the Claimants. Motion was seconded by Kelly and carried by unanimous vote.
L. REQUEST FOR ACCEPTANCE OF WQ$K for Civic Center Landscape Retrofit Project
(Contract No. C06020).
Mr. Folkers stated that staff was still having difficulties with the insurance company relative
to the damage done to the underground cable. He recommended that this item be pulled and
said staff would bring it back at a later date.
Councilman Kelly moved to, by Minute Motion, pull this item from the Agenda and instruct staff
to bring it back at a later date. Motion was seconded by Snyder and carried by unanimous vote.
X. NEW BUSINESS
A. REQUEST FOR CONSIDERATION OF APPEAL OF ANNUAL WEED ABATEMENT -
Parcel Nos. 627-233-001-2 and 628-082-003-5 (E.J. Papachristos, Appellant).
Mr. Ramsey reviewed the staff report detailing in chronological order what has taken place
on this matter to date. He also noted copies of photos included in the packets and
recommended denial of the appeal.
Councilman Wilson asked whether clearing of the lots was being done in accordance with the
new PM-10 ordinance. Mr. Ramsey responded that the individuals doing the abatement tried
not to dig up the soil and not remove any of the living plants; however, living weeds that will
grow into dry weeds are removed.
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Upon question by Councilman Kelly, Mr. Ramsey responded that depending on how big the
weeds are, they use a weed cutter instead of plowing them under.
Mayor Benson asked whether anyone was present in the audience to speak to this issue. No
testimony was offered.
Councilman Kelly moved to, by Minute Motion, deny the appeal and require that the lots be abated
per Chapter 8.20 of the Palm Desert Municipal Code and Article 11.021 of the Uniform Fire Code. Motion
was seconded by Wilson and carried by unanimous vote.
B. REOUEST FOR CONSIDERATION OF OFFER OF DONATION TO THE CITY OF A
TED GALL SCULPTURE (CHARGER #2) BY RESTAURANTS UNLIMITED.
Mayor Benson noted that a letter had been received from the President of Restaurants
Unlimited requesting that this item be held until the 7:00 p.m. portion of the meeting due to
the arrival time of his flight from Seattle.
Upon motion by Snyder, second by Kelly, and unanimous vote of the Council, this item was held
over to the 7:00 p.m. portion of the meeting.
Ms. Sass introduced Mr. Raymond Lindstrom, President and Chief Executive Officer of
Restaurants Unlimited. She noted an error in the staff report and said the sculpture was
actually located on El Paseo at Sage instead of Ocotillo. She reviewed the staff report, noting
that the applicant had asked approval to change the color of "Charger #2" from purple to red,
not knowing that the artist had another edition, "Charger", that was red. The Art -In -Public -
Places Committee felt the current sculpture should be exchanged for the red edition instead
of setting a precedent for changing art work. She added that the applicant agreed.
Councilman Wilson asked what the artist's feelings were relative to changing the sculpture.
Ms. Sass responded that the artist did not have a problem with it. She added that the new
sculpture would remain at that same location, which is close enough to the restaurant for the
applicant to be happy.
Upon question by Councilman Kelly, Ms. Sass responded that Council's approval could be
contingent upon approval by the Civic Arts Committee. She said the Committee had
approved the sculpture as part of the exhibit on El Paseo, with the understanding that the art
work could be sold. She added that she had also asked the El Paseo Business Association
about changing the color and also about accepting the donation of the art work to the City,
and they were in favor.
Mr. Lindstrom added that his intent was to make a donation of the art work to the City. He
said they did business in other cities and try to find ways to make a contribution to the
community. He noted that they did not intend to place any of their commercial logo on the
piece.
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Councilman Crites moved to, by Minute Motion, accept the donation of sculpture conditioned that:
1) Restaurants Unlimited will purchase the Ted Gall sculpture, Charger, and replace Charger #2 with the
red edition at their expense; 2) the artistic integrity of the sculpture remain intact; 3) the City will maintain
visibility to commercial traffic and a reasonable proximity of the sculpture to the restaurant for a period of
fifteen years or allow the sculpture to be placed on restaurant property should a locational change not be
agreeable. Motion was seconded by Snyder.
MRS. SONIA CAMPBELL, President of the El Paseo Business Association, stated that the
Association members were in favor of this request.
Mayor Benson called for the vote. Motion carried by unanimous vote of the Council.
C. REQUEST FOR APPROVAL OF AMERICANS WITH DISABILITIES ACT (ADA) -
TRANSITION PLAN.
Mr. Millheim noted the staff report in the packets and stated that there several time lines that
the City was supposed to follow in implementing this plan. He stated that an intern had been
hired to work on this project; in addition, a committee was formed of staff from the Building
& Safety Department, Public Works Department, Corporation Yard, and Human Resources
to make sure all City operations, services, facilities, and buildings comply with ADA
requirements. He introduced intern Natalie Skabardonis.
Ms. Skabardonis reviewed the staff report, noting that the ADA prohibited discrimination
against people with both physical and mental disabilities. She said the ADA Transition Plan
identified specific problem areas and described an implementation process as well as deadlines
and information on how we can implement the necessary changes. She noted that members
of the disabled community were on the committee. She thanked them for their input and
invited them to address the Council.
MS. VERLYN FISHER, 2500 E. Palm Canyon Drive, #6, Palm Springs, stated that she felt
Palm Desert the easiest city to get around in. She noted suggestions that had been made for
changes at the Civic Center that would benefit those individuals who are blind.
MS. DEBRA CURTWRIGHT, 82-232 Tahquitz Avenue, Indio, stated she was a full-time
student at College of the Desert and was visually impaired. She said the recommendations
contained in the report were needed to help disabled persons to be more independent. She
thanked the Council and Mayor for any revisions that are approved.
MR. FRANK LOPEZ, 58-743 Sun Villa Drive, Yucca Valley, said he was a recent graduate
of College of the Desert and was also a member of the American Council for the Blind and
the California Council for Blind Students. He said the committee worked very hard to
minimize the adversarial problems that often come up when addressing the ADA. He added
that people who are most going to benefit from this program are not the disabled people but
were instead those without disabilities; the reason for this is that the revisions will enable
disabled individuals to be more independent, hold jobs, etc.
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Councilman Crites thanked staff and those individuals who were on the committee and also came
to the Council meeting to give their comments. He moved to: 1) Waive further reading and adopt
Resolution No. 93-71, adopting the ADA Transition Plan as presently constituted; 2) by Minute Motion,
adopt the City of Palm Desert ADA Policy Statement. Motion was seconded by Kelly.
Mayor Benson asked whether funds had been budgeted for this plan.
Mr. Millheim responded that several of the items had already been budgeted; other long-term,
major cost items will have to be brought back to Council for budgeting.
Mayor Benson called for the vote. Motion carried by unanimous vote of the Council.
Mayor Benson expressed appreciation to Ms. Skabardonis for doing a great job.
D. REQUEST FOR CONSIDERATION OF PUBLIC EMPLOYEES RETIREMENT SYSTEM
(PERS) 2% AT 55 CONTRACT AMENDMENT.
Mr. Millheim reviewed the staff report and explained this contract amendment. He noted that
budgeted monies were available for first year implementation.
Councilman Wilson expressed concern that the written and oral reports indicated that staff
did not think many people would take advantage of this benefit, and he felt it was quite a bit
of money to spend to get into the program if not that many people will take advantage of it.
Mr. Millheim responded that eventually every person who retires will take advantage of the
benefit. He added that what he meant by his statement was that this will not cause a mass
retirement of employees. He said it would be advantageous to younger as well as older
employees and was based on years of service.
Upon question by Councilman Kelly relative to cost, Mr. Millheim responded that it would
cost approximately $1.5 million over a five-year period beginning on July 1, 1995.
Councilman Kelly agreed with Wilson that it was a lot to spend. He then verified with Mr.
Millheim that an employee would benefit if he/she retired between the ages of 55 and 63;
after that time, there is no difference between this new plan and the current plan.
Councilman Crites stated that this came to the full Council with support from members of the
staff but with considerably less support from the two Councilmembers who sat on the
Committee, Crites and Benson. He said he was not sure the money couldn't be spent for
employees in a better way than this.
Councilman Kelly questioned Option #2 and asked why we didn't go with it. Mr. Millheim
responded that we would actually end up spending a greater amount because the PERS
obligation is for an additional ten years. Upon question by Wilson relative to what a 3 %
Cost of Living (COLA) increase would have been, Mr. Millheim responded that it would
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have been approximately $150,000; however, he said the COLA costs the City more in the
long run. Councilman Kelly noted that a COLA also increases retirement down the line.
Mayor Benson stated that only 39 of the over 500 cities in California have this benefit. She
said she knew the job the employees are doing, and the Council was trying to protect the jobs
of all the employees and not lay anyone off. However, she could see no reason to spend $1.5
million when the Council can give other benefits in other areas.
Councilman Wilson asked whether the employees would be willing to sit down and look at
a three-year memorandum of understanding (MOU) that would address this as a more
important benefit than Cost of Living increases for the next two years.
Mr. Millheim responded that there were some employees who were not thinking about
retirement, and a cost of living increase would be more important than what they would have
at an earlier retirement age. However, he said he felt the Employees' Organization Board
would be amenable to working with the City on this issue.
Councilman Wilson agreed that the City's employees are top notch; however, as guardians
of the public, the Council cannot just frivolously commit this amount of money. He said he
would like to see the City work with the Employees' Organization to see if there is a
compromise that would not cost so much.
Mayor Benson stated that she did not feel the 2 % at 55 should be given this year, and before
it comes back to Council next year, she felt a study should be included as to whether the
employees want this benefit or the cost of living adjustment.
Councilman Wilson expressed concern that every year this is put off, it will cost more. He
said he felt that if there could be some agreement with the Employees' Organization that this
is in lieu of some cost of living increases, he would be inclined to look at the 2 % at 55
benefit favorable for this year.
Upon question by Mayor Benson, Mr. Millheim responded that the benefit must be
implemented by June 30, 1994, to get it at this rate.
Councilman Wilson asked what the ongoing cost would be for this plan if approved by the
Council. Mr. Millheim responded that it be approximately $100,000 per year, or 2.085 %
of payroll.
Councilman Wilson stated that employees were being cut all over the State, and he felt it was
hard to rationalize this expenditure. Councilman Snyder agreed.
Mayor Benson said she felt it was a bad year to do something like this.
Councilman Wilson suggested that this item be tabled and that the option be left open for the
employees, through the Employees' Organization, to bring it back some time during the year.
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He said the employees know the Council's concern, and he said he would like to keep this
window open until June 30, 1994, before the rates go up, to see if the employees can do
some creative thinking and come up with additional ways to sell the Council on this benefit.
Councilman Wilson moved to, by Minute Motion, TABLE this item and direct staff to reexamine
the item based on comments heard during this meeting. Motion was seconded by Snyder.
Mr. Millheim stated that this could be worked on only until March 1, 1994, because of the
need for three months lead time to process a contract amendment.
Mr. Altman noted that the meet and confer process is scheduled to begin next year on the
new salary setting Memorandum of Understanding and classification study.
Councilman Wilson amended his motion to add direction to staff to continue working on this matter
in conjunction with the new Memorandum of Understanding. Councilman Snyder agreed to amend his
second. Motion carried by unanimous vote of the Council.
E. REQUEST FOR APPROVAL OF CONTRACT NO. C07670 BETWEEN THE CITY OF
PALM DESERT AND BRUCE A. ALTMAN.
Councilman Crites stated that one issue that arose during the annual review was Mr. Altman's
contract. He said each of the Councilmembers had received a copy of the new proposed
contract for review.
Councilman Wilson stated he had read through it and felt it was a reasonable contract.
Councilman Snyder agreed and said it was both clear and concise.
Councilman Snyder moved to, by Minute Motion, approve the contract and authorize the Mayor
to execute same. Motion was seconded by Crites.
Councilman Kelly questioned the amount of sick leave and vacation days that the City
Manager was allowed to accrue.
NO.
Mr. Altman responded that it was the same as for other employees. Mr. Millheim added that
employees are allowed to accrue unlimited sick leave and two years of accruals for vacation
days.
Mayor Benson called for the vote. Motion carried by a 4-1 vote, with Councilman Kelly voting
Councilman Kelly explained his NO vote and said although this contract was as good as any
he had seen, he had a principle against contracts for city managers in general.
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F. CONSIDERATION OF A PROPOSED SIX-MONTH BUDGET FOR THE PROMOTION
COMMI i i mot.
Mr. Shillcock stated that a review was being conducted at this time and asked that this matter
be continued to the adjourned meeting of July 19, 1993.
Upon motion by Wilson, second by Crites, and unanimous vote of the Council, this matter was
continued to the adjourned City Council meeting of July 19, 1993.
G. INFORMATIONAL ITEMS:
1. Colony CableVision of California Update.
Mr. Ortega stated that a report was included in the packets relative to cable
complaints received from June 14 through June 29, 1993. He noted that at the last
Council meeting a resident of Hidden Palms had addressed Council relative to
Colony forcing the residents to enter into a five-year in order for them to receive
additional channels as well as the fiber optic rebuild. He said this situation had
been clarified with both parties that in accordance with the franchise agreement, this
new technology is to be provided to all subscribers regardless of where they live
in the City. In addition, he said staff had reminded Colony that if they continue to
use fiber optics as an enticement for country clubs to sign five-year bulk contracts,
this may constitute a franchise agreement violation.
2. Status of Multi -Agency Library.
Mr. Diaz reviewed the progress of the Library, noting that with regard to art, the
Committee had endorsed a program where art in the Library would be provided by
the students at College of the Desert.
Mr. Altman asked if 1 % of the budget was being allocated for public art. Mr.
Diaz responded that it was and added that the students would be working with the
architect.
Councilman Crites stated that went directly against what he had heard from
everyone else on this project. He said he felt a student display was great; however,
at the start of the design of the project, the architect was to bring in through the
normal process people who are professional in the trade of arts. He said he wanted
to be sure the contribution to the arts for that building is one that we will be proud
of.
Councilman Kelly asked who represents the City on the Committee as far as art.
Mr. Diaz responded that he did at this point because he was the City staff person
on the Committee.
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Mr. Altman stated that the key thing at this time is that we are going to allocate 1 %
of the money for public art. The artist will work with the architect, and it will also
be taken through the Civic Arts Committee. If there is additional art work that
comes from the students, that is great also.
Councilman Crites stated he felt the City's Public Art Coordinator should be involved in this
project from this point on. Council concurred.
3. Traffic Control at San Pascual/Catalina Way Intersection.
Mr. Folkers reviewed the report in the packets, noting that staff was requesting
approval to convert the two-way stop control at this intersection to a four-way stop.
It was felt this could improve the intersection operation and increase the overall
public safety.
Councilman Wilson moved to, by Minute Motion, authorize staff to convert the two-way stop to
a four-way stop at the intersection of San Pascual and Catalina Way. Motion was seconded by Snyder and
carried by unanimous vote.
Councilman Kelly commented that he was reminded of a motion made some months
ago by Councilman Wilson relative to appropriating some monies and some
expenditures toward solving the problem of traffic at peak hours at I-10 and
Monterey. He said he had noticed now that we are in the summer months that it
is not as bad as it was. He had also noticed in another area where street work was
being done that the contractor had a flag man to keep traffic moving. At the same
time on Monterey, they close it down to two lanes, and the stop sign is stop and
go, with traffic backed up for a mile or two. He asked if there was some kind of
requirement when people get a permit to tear up the streets that they provide a flag
man to keep the traffic moving. He said if there was not such a requirement, he
felt we should do something about it since some of our worst traffic jams are
caused by construction work that for just the expense of one employee they could
keep traffic moving.
Mr. Folkers responded that yes there was such a requirement.
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XI. CONTINUED BUSINESS
A. REQUEST FOR CONSIDERATION OF REDEVELOPMENT PLAN AND
ENVIRONMENTAL IMPACT REPORT IN CONNECTION WITH PROJECT AREA NO.
4 OF THE REDEVELOPMENT AGENCY (Continued from the Meetings of June 10 and
24, 1993) - JOINT ITEM WITH THE PALM DESERT REDEVELOPMENT AGENCY.
Chairman Benson convened the Redevelopment Agency Meeting at 5:43 p.m.
ROLL CALL
Present:
Member Buford A. Crites
Member Richard S. Kelly
Member Walter H. Snyder
Vice Chairman S. Roy Wilson
Chairman Jean M. Benson
Mr. Ortega noted that public hearings had been held on this matter the last two meetings.
At the meeting of June 24, 1993, a written comment was received from the Coachella Valley
Water District; because staff needed to prepare a written response to that comment, the
Council/Agency Board was not able to take action on the items listed on the Agenda. He said
the written response had been prepared and included in the Agenda packets, and he
recommended approval at this time. In addition, he said staff recommended that the meeting
be adjourned to 9:00 a.m. on Monday, July 19th, for second reading of the ordinance. He
offered to answer any questions.
Councilman/Member Crites moved to: 1) Waive further reading and adopt City Council Resolution
No. 93-60, adopting written findings in response to written objections, communications, and suggestions in
connection with the proposed Redevelopment Plan; 2) waive further reading and adopt Agency Resolution
No. fl , approving the Redevelopment Plan, certifying the final Environmental Impact Report, and making
findings pursuant to the California Environmental Quality Act; 3) waive further reading and adopt City
Council Resolution No. 93-61, approving the Redevelopment Plan, certifying the final Environmental Impact
Report, and making certain findings pursuant to the California Environmental Quality Act; 4) waive further
reading and pass Ordinance No. 124 to second reading, approving and adopting the Redevelopment Plan
for Project Area No. 4. Motion was seconded by Kelly and carried by unanimous vote.
Chairman Benson recessed the Redevelopment Meeting to the Close of the City Council meeting.
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XII. OLD BUSINESS
A. CONSIDERATION OF REOUEST FROM EL PASEO BUSINESS ASSOCIATION FOR
INCREASED BUSINESS LICENSE ENFORCEMENT.
Mr. Ramsey reviewed the staff report, noting that currently one code enforcement officer,
Daisy Garcia, patrols the streets and alleys of El Paseo three times a day and walks through
the plaza area once a day looking for illegal signs and unlicensed business activities. He
noted the four options listed on the staff report but stated that staff felt the current level of
enforcement was adequate at this time.
Councilman Wilson noted that as a fifth option, he felt it was important for the City Manager
and Code Compliance Officer Daisy Garcia to sit down with the merchants and try to resolve
the problems they feel exist. Mr. Altman responded that a meeting was held last week with
the El Paseo merchants.
Councilman Crites stated that Option #3 indicated that currently there is no Saturday
coverage; if there is a problem, he felt the City could assign and pay an officer to work on
Saturday mornings.
Mr. Ramsey stated that Ms. Garcia does work on Saturdays but does not work specifically
on El Paseo.
MRS. SONIA CAMPBELL, President of the El Paseo Business Association, disagreed with
the staff report relative to the computer printout of license activities on El Paseo that is used
as a means of checking for unlicensed business activities. She said the last list she had did
not show all of the businesses on El Paseo. Also, there were cases where businesses had
expired licenses, and they were not included on the list. She said she wanted to work with
staff on this. She requested that this matter be continued to the next meeting to allow time
for the El Paseo Business Association and staff to work together and prepare a report to
Council.
Councilman Crites moved to continue this matter to the meeting of August 26, 1993. Motion was
seconded by Kelly and carried by unanimous vote.
B. REQUEST FOR CONSIDERATION OF RESULTS OF FRED WARING DRIVE TRAFFIC
STUDY.
Mr. Folkers reviewed the staff report, noting that a series of traffic studies had been
conducted at the request of area residents.
MR. ERIK LARSEN questioned Paragraph 3 of the June 7 memo from Mr. Folkers to Mr.
Altman relative to the City purchasing the single-family homes located on the north side of
Fred Waring Drive from San Pascual Avenue to Florine Avenue to widen the street and said
his home was in this area. He said he had purchased it six months ago and was never made
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aware of this plan. He asked for a time frame as to when this might happen and said his
home was available to be purchased by the Redevelopment Agency and then used by the City
as income property.
Mr. Ortega stated that this had been discussed recently by the Executive Committee and was
an issue that would be looked at. He said there was the issue not only of how much right-of-
way would be needed to be acquired but also the undergrounding of power lines in that area.
He said staff did not know what the time frame would be; however, if Council decided that
this is the direction it wants to go, homes could be purchased as they become available and
if it is determined that they are homes that are required. He added that there are procedures
that must be followed when acquiring public property.
Upon question by Councilman Wilson, Councilman Kelly responded that he did not know
whether this issue was in the Measure "A" TUMF Fee Master Plan just adopted by CVAG
where they allocate money for funding from that bond issue; however, he said he doubted that
it was included in that seven-year capital plan.
Councilman Wilson stated that in view of the arguments by Mr. Larsen, the City might want
to look at accelerating that process for the benefit of people who own their homes and who
want to purchase new homes; he said there was no better time than now for them to purchase
another home.
Councilman Wilson moved to, by Minute Motion, direct staff to examine this issue and look at how
we might be able to move it up in priority in the capital plan for roads, ask the Redevelopment Agency to
look at the plans to acquire homes as they become available to be used as part of the City's low-cost housing
plan until such time as they must be demolished for road widening. Motion was seconded by Kelly.
Councilman Crites asked if Mr. Larsen could be given some idea of when this will be
brought back to Council.
Mr. Folkers stated that there was a lot of work that must be done, and he felt staff could have
it back to Council by its second meeting in September. If the information is ready before that
time, staff could place it on an earlier Agenda.
Mayor Benson asked whether in the meantime staff could implement some of the short-term
possibilities listed in the staff report.
Mr. Altman responded that staff would look at the actions listed in the report and, where
possible, implement them.
Councilman Crites stated that these residents have a problem because of the speeds, and now
we are saying we will increase traffic enforcement there. He said he would like staff to look
at whether or not we are adequately covered to do these kinds of things.
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Mayor Benson suggested placing speed counters on Fred Waring Drive, and Mr. Altman
responded that there was not enough room on the street to use radar and stop people.
Mr. Larsen added that he had spoken with the Sheriffs Department, and they indicated that
this was not possible. In addition, he said he had offered the use of his driveway to place
perhaps a "dummy" patrol car, and the Sheriffs department had indicated that this would not
work because of insurance.
MR. CORY BARBEAU, 74-052 Fred Waring Drive, expressed concern that he had come
to the Council six years ago about this same problem, and the only change was signs stating
that no trucks were allowed on Fred Waring from midnight to 6:00 a.m.
Councilman Wilson responded that staff was not at that time given the direction that it has
been given at this meeting.
Mr. Folkers stated that if Council wished, he could give a status report at each of the next several
meetings until the full report is ready to bring back. Council concurred.
Mayor Benson called for the vote on the motion by Councilman Wilson. Motion carried by
unanimous vote.
XIII. REPORTS AND REMARKS
A. CITY MANAGER
1. SpringFest '94.
Mr. Shillcock reviewed his report, noting that the Promotion Committee felt there
should be some type of large event each year. This year's Music Showcase fell
short of its potential due to the late date for starting the preliminary effort; if there
was to be a repeat of the Music Showcase for SpringFest '94, it was felt a decision
should be made quickly to allow as much lead time as possible.
MS. CHRISTINE KUTT-ZOLT of Amato, Lewinter & Zolt Advertising reviewed
her firm's proposal for The Second Annual Palm Desert Music Showcase (on file
and of record in the City Clerk's Office). She offered to answer any questions.
Councilman Crites stated that one of the major issues that came back from last
year's event was the fact that SpringFest '92 placed a lot of emphasis on things for
children, and all of that was absent from SpringFest '93. He asked whether it was
Ms. Kutt-Zolt's intention that those types of activities become part of future
SpringFests.
Ms. Kutt-Zolt agreed and said that this was in the plans for SpringFest '93;
however, '''' iuse of the volunteer committee met' , it was not done.
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Upon question by Councilman Kelly relative to cost, Ms. Kutt-Zolt stated that the
City contributed $22,500 in cash for last year's event; $20,000 was proposed for
SpringFest '94, and the balance of revenue would be raised through sponsorship
dollars.
Councilman Wilson asked what the possibility was for this to become a self -funding
event, with the City using its money for promotion. Ms. Kutt-Zolt responded that
this is something that could be looked at.
Upon question by Councilman Wilson relative to the Promotion Committee budget
for this event, Mr. Shillcock stated that the Committee had allocated $15,000 for
the promotion of SpringFest. Councilman Wilson suggested that it might be more
appropriate for the Council to discuss this item at its adjourned meeting of July 19th
along with the Promotion Committee budget.
Mayor Benson stated she felt very strongly that when SpringFest was started it was
not to be a music showcase every year. In the beginning, it was to thank the
community and to have citizens come out and enjoy the day. She said she felt
SpringFest should be a separate event, and she did not feel the City should be
putting in money for the music showcase.
Councilman Crites stated he did not think that one year was a good test for any
type of program, and the Music Showcase was done hurriedly last year. He said
a decision would have to be made relative to ongoing funding. There are funds set
aside in this year's budget under the label "SpringFest", and making sure this
comprises elements of the first SpringFest plus the music from last year is worthy
of another try to see if it will be successful.
Councilman Kelly stated That if it is felt there should be something separate for a
day in the park event, that is fine and we should have one. But he felt this was a
good opportunity to have another event in the City, and a music showcase is ideal
because everyone loves music. He said the seed had been planted, and this was a
good opportunity to do something special for the Coachella Valley.
Councilman Wilson stated he felt the argument that the idea deserves some time to
test was a good one. He said if we go forward with this, he would like to see more
involvement on the part of the Promotion Committee members, who he felt should
be included as part of the volunteer network to make the event happen.
Ms. Kutt-Zolt stated that they would welcome such involvement.
Councilman Crites moved to, by Minute Motion, grant conceptual approval of this event for a
second year to see if it works, with staff and Council, at its adjourned meeting of July 19, 1993, to sit down
and discuss details. Motion was seconded by Kelly and carried by a 4-1 vote, with Mayor Benson voting
NO.
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NOTE: THE FOLLOWING ITEM PLUS CITY ATTORNEY AND COUNCIL REPORTS AND
REMARKS WERE CONSIDERED FOLLOWING THE PUBLIC HEARING PORTION OF THE
AGENDA.
2. Engraving Contract for Civic Center Signage
Mr. Altman noted that this had come up after the Agenda was posted.
Councilman Crites moved to add this item to the Agenda for discussion. Motion was seconded by
Snyder and carried by unanimous vote.
Mr. Altman reviewed the staff report and asked that he be authorized to award the
contract to the lowest responsible bidder in an amount not to exceed $40,000. He
added that this action would then be ratified at the next Council meeting.
Councilman Wilson moved to, by Minute Motion, authorize the City Manager to award Contract
No. R06960 to the lowest responsible bidder in an amount not to exceed $40,000. Motion was seconded
by Crites and carried by unanimous vote.
B. CITY ATTORNEY
Mr. Erwin requested a Closed Session at the appropriate time pursuant to Government Code
Section 54956.9 (a), (Palm Desert v. Refco et al; Reed v. City of Palm Desert, Superior
Court Indio Case No. 69982; Palm Desert v. Thomas; Palm Desert Redevelopment Agency
v. Thomas), and 54956.8, Real Property Acquisition (Fox property on west side of the Palm
Valley Channel; San Tropez on Country Club Drive).
C. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Consideration of a Promotional Effort in Conjunction with The Skins Game
(Mayor Jean M. Benson).
Mayor Benson reported that she, Councilman Wilson, Mr. Altman, and Mrs.
Gilligan had recently had lunch with Mr. Carl Cardinalli, Piper Wilson, and the
general manager who took Roy Ramsey's place at Big Horn relative to their
concerns with the Westinghouse reorganization and finances this year and to see
if there was some way the City could help with The Skins Game to save it for
the City of Palm Desert. She said the City Manager and the Promotion
Committee would be looking into this to see if there are ways the City can assist
them because we recognize the value of the advertising of this event for the City
of Palm Desert nationally.
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Councilman Wilson asked whether any of the Councilmembers had a problem
with assisting them. He said he saw this as a way to help contribute for in -kind
advertising that we get from the event.
Councilman Crites agreed that this organization had been as willing as any
organization in the City to do things for the City of Palm Desert.
Mr. Altman added that what was being looked at was perhaps a 45-second time
spot on Palm Desert which would be produced professionally, and something
that, if they would match, we would consider going up to $100,000. He added
that a letter was drafted for the Mayor's signature to that effect.
Council concurred.
o City Council Committee Reports:
1. Councilman Crites stated he would like Mr. Ortega to chat with College of the
Desert about its proposed University Park and how it will impact the proposed
Cal State campus.
XIV. ORAL COMMUNICATIONS - B
None
Upon motion by Crites, second by Kelly, and unanimous vote of the Council, Mayor Benson
recessed the meeting at 6:35 p.m. for dinner. She reconvened the meeting at 7:10 p.m.
XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
Note: One item under City Manager Reports and Remarks as well as City Attorney and Council
Reports and Remarks were considered following the public hearing portion of the meeting. See those
sections of the Minutes for Council discussion and action.
XVI. ORAL COMMUNICATIONS - C
None
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XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. APPOINTMENTS TO THE EL PASEO BUSINESS ASSOCIATION BOARD TO FILL
VACANCIES CREATED BY EXPIRATION OF TERMS.
Councilman Wilson moved to, by Minute Motion, reappoint Ms. Meg Firestone, Ms. Monica
Kelly, and Ms. Sandra Harvey to new terms on the El Paseo Business Association Board. Motion was
seconded by Snyder and carried by unanimous vote.
XVIII. PUBLIC HEARINGS
A. REOUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT TO CONSTRUCT
AND OPERATE A 20-ACRE MULTI -USE, PAY FOR PLAY, RECREATION FACILITY
TO BE LOCATED ON 20 ACRES OF CITY OF PALM DESERT OWNED LAND ZONED
OPEN SPACE BETWEEN 42ND AVENUE AND HOVLEY LANE, WESTERLY OF
CORPORATE WAY, Csue No. CUP 93-3 (Ronald Odekirk, Applicant).
Mr. Shillcock reviewed the staff report, noting concerns raised by the Planning Commission
were mitigated by additional conditions regarding Loudspeakers, special event parking, sale
and consumption of alcoholic beverages, parking lot monitoring, security, and access. He
stated that with regard to the financing, the only way for a complex like this to operate
profitably is if it is a joint public/private partnership, with lease of the land for 30 years. A
construction loan was proposed in the amount of $2.8 million, which would be in addition
to the $1 million equity investment by the developer. It would be an interest bearing loan,
with interest to begin accruing the day the money leaves the bank; the initial interest rate now
is approximately two times what we would earn if the money were invested in 30-year bonds.
Councilman Wilson asked whether Council would be dealing with the financing at this
meeting. Mr. Shillcock responded that financing was not part of the consideration at this
time. This hearing was to determine the validity of the issuance of a conditional use permit
by the Planning Commission. If the project is approved and moved forward, staff will come
back in August with contracts and major business points and will request at that time that the
Mayor be authorized to execute the contracts with the developer.
MR. RICK ODEKIRK spoke as the developer and stated that the community wants this
project, which had received approval from the Planning Commission, Parks & Recreation
Commission, Economic Development Committee, and Promotion Committee, with conceptual
approval from the City Council as to location and main business points. In addition, the
project had the support of every section of the business community, including the Chamber
of Commerce, hotels, Palm Desert Town Center, El Paseo Business Association, churches,
charities, youth representatives, schools, athletes, etc. He said the only opposition in the
Valley has come from members of Portola Country Club and Chaparral Country Club,
although the spokesperson for these country clubs has indicated he thinks it is a good idea but
opposes the location on Hovley.
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JULY 8, 1993
Mr. Odekirk reviewed measures to be implemented to mitigate the lighting impacts on
adjacent residences, noting that the lighting would be of the newest technology and would be
shielded. In addition, he said there were 50-foot high tamarisk trees that run the length of
the project which would help to shield the lights. With the fields to be sunken and the light
standards to be only 70 feet tall, no one in the two country clubs would be able to see the
lights. He added that even opposition spokesperson Bud Kirby had conceded that this was
not an issue.
With regard to traffic, Mr. Odekirk stated this was not a large spectator sport and would not
bring in large crowds; however, celebrity events that will have to be approved by the City
will have large crowds on Saturday or Sunday afternoons. He said that on a typical league
play night, even if everyone drove their own vehicles to the game, there would only be an
additional 150 vehicles on Portola.
With regard to the facility bringing in gangs, drugs, etc., he said this would be a fully fenced
facility with one controlled entrance and a security guard at the gate for every event. He said
they would not admit anyone they did not feel should be in the complex.
Mr. Odekirk the issue of noise and said they would not be using a public address system.
He said crowds of 150 people at a time would not create the kind of noise those opposed
think it will. The facility will be approximately 480 feet away from the closest house in
Portola Country Club, and spectators will be approximately 700 feet away. He noted that
Olsen Field had an apartment complex only 100 feet away from home plate, and a letter was
included in the packets indicating there had never been a complaint about the noise.
He addressed the issue of parking and said that if for any special event the facility cannot
accommodate the number of vehicles and parking must go off the site, they had talked to the
School District, and any expense for added security or traffic control would be his, not the
City's.
With regard to alcoholic beverages, Mr. Odekirk stated that no beer would be allowed on the
field or in the dugout, and players would not be allowed to drink before the game. In
addition, the beer taps would be shut off if there are any minors in the facility.
Mr. Odekirk stated that everyone could afford the $5.00 per week it costs to play in their
leagues. He said they would provide discounts for Palm Desert residents and give them
priority in the leagues. In addition, he said they would actively seek to host Rotary Club and
other service club lunches in the facility. He noted several other items, including the
following: 1) they would be using local contractors, architects, and engineers on the project;
2) they would have an arrangement for a local hotel to act as the host hotel; 3) the project
would bring almost as many tourists to the area as are brought in by conventions each year;
4) there would be games to benefit local charities; 5) no rock concerts were planned for the
facility.
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MR. RON ODEKIRK addressed Council and discussed the economic benefits the project
would bring to the City, including generating $20 million in local spending, $20,000 to local
taxes, hiring of 61 employees for the facility, and 100,000 tourists per year. He noted three
cities that have similar public/private partnerships were Poway, Tucson, and San Clemente.
He added that this piece of property was zoned open space and could not be sold; if they did
not develop the property, either a City park would be built or the land would remain
undeveloped.
Mayor Benson declared the public hearing open.
MR. JIM HILKEMEYER, Recreational Technologies, Vista, California, stated that he had
developed over $30 million in recreational facilities in his years of business. He said they
were experts in the field of feasibility and design of such facilities. He showed a study he
had done for the City of Tempe, which was a $10 million, 10-field project that was a
public/private partnership. He noted he was responsible for the financial figures submitted
to staff, and he offered to answer any questions.
Mr. Rick Odekirk stated that he was pledging to build the finest facility ever in the country.
He said they had accepted all but one of the conditions added by the Planning Commission,
and that condition dealt with turning off the lights at 10:00 p.m. He said for the project to
be successful, they would have to operate five games per night, and playing from 6:00 p.m.
to 10:00 p.m. only allows four games. He said the Planning Commission suggested that
games begin at 5:00 p.m.; however, this would make it very difficult for the working people
to get there on time. He asked that they be allowed to play from 6:00 p.m. to 11:00 p.m.
He said the Planning Commission was satisfied that they had mitigated the noise and light
concerns; if that was so, he felt time should not be a factor.
Mayor Benson invited testimony in FAVOR of this project. The following spoke in favor:
MR. CHUCK DAVIS, 77-353 Missouri, Palm Desert Country Club, spoke as President of
the Palm Desert Chamber of Commerce. He said the Chamber's Business Action Committee,
composed of approximately 35 members, looked into the details of the proposal on the basis
of its benefits and value to the City and approved the project in concept. He said the
Committee felt it would be a great attraction and addition to the City. On behalf of the over
800 businesses which are members of the Chamber of Commerce, he urged the Council to
give very serious consideration to the approval of this project.
MR. CHAD GUZMAN, 53-733 Oak Glen, La Quinta, said this facility would have events
for wheelchair athletes like himself.
MR. RICHARD DESANTIS, 73-647 Sun Lane, Palm Desert.
MR. JASON ALTMAN, 44-060 Goldenrod Circle, La Quinta.
MR. GENE PETERS, Palm Springs, retired school teacher and principal and senior softball
player. Upon quest'--- by Councilman Wilson, he said he vs on a league that plays at
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Demuth Park; however, their tournament team, which plays from February through October,
does not play exclusively at Demuth -- it plays two games at Demuth, and the other ten
games in other cities.
Councilman Wilson stated that there was a genuine concern by people about the attraction of
the gang element, and he asked Mr. Peters to address this.
Mr. Peters disagreed and said he and his wife actually take their motor home with them
during tournament play and ask permission to spend the night in the parking lots of the
facilities in the various cities. He said they had never had a problem with being awakened
by any young people or gangs.
MR. MICHAEL LORA, 73-170 San Nicholas, expressed concern that the Coachella Valley
Parks & Recreation District will be cutting its budget by $800,000, and recreation programs
will be severely hit by these budget cuts.
MR. BRIAN DOWD, 74-300 Magnesia Falls Drive, student athlete at C.O.D.
MR. DAROL SALAZAR, 44-215 Sweetbush Lane, La Quinta, Athlete Director of Palm
Desert High School, stated that he had to work late at night, and many times there are still
games going on when he leaves. He said he cannot hear the noise from the games when he
shuts the door of his car, and the fields are just about 150 feet away. In addition, he said the
demand for playing fields was such that he is constantly having to turn people away who are
asking to use the High School fields.
MR. DAVID BUTTLES, head baseball coach at College of the Desert.
MR. JASON FIELLA, 73-373 Country Club Drive, softball player.
MR. WALLACE SWEENY, 44-801 San Jacinto, Sales Manager for Travelers Inn.
MR. JUSTIN SILVER, 77-777 Country Club Drive, College of the Desert student.
MR. DAVID NOLA, 73-570 Catalina Way, Palm Desert.
MR. GORDON JENSEN, 73-911 Shadow Lake Drive, Palm Desert, representing regional
Pony League.
MR. TOM HALLER, 75-135 Montecito Drive, Rancho Mirage, business owner in Palm
Desert, said this was an opportunity to get a group of people together and have the older ball
players be examples for the younger players.
MR. DENNIS CHAPPELL, 76-855 California, owner of a business on Joni Drive, Palm
Desert, said he had three children in softball through the Palm Desert Youth Sports
Organization. He said he was also chairman of a drug prevention program in Rotary, and
one of the last things that a gang would do is play softball. He said this would provide an
'alternative activity which would give young people an opportunity to do something in the
Valley if they do not play golf. This is a healthful activity that would keep them out of the
bars and keep them sober.
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MR. B.J. VIATOR, 40-104 Sagewood, and General Manager of Embassy Suites Hotel in
Palm Desert, stated that from the business standpoint, this project should be looked at
favorable because it would provide tourism and income for the hotels. In addition, he felt
this would encourage kids to get involved in something and not just hang around.
MS. DIANNE FUNK, 72-755 Pitahaya, Palm Desert.
DR. PAUL CAMPBELL, 73-910 El Paseo, Palm Desert.
MS. MEG FIRESTONE, 72-407 Harbor Drive, Rancho Mirage, and owner of three
businesses on El Paseo.
MR. BOB MAYO, 73-333 Shadow Mountain, Palm Desert.
MS. TERI FEAGLE, 30-769 Tamarisk Drive, Cathedral City, said she played on a co-ed
softball team but had tried unsuccessfully to put together a women's league because of the
lack of playing fields. She said they would pay $50 to $100 extra per season to be allowed
to play.
Mayor Benson called a five-minute recess at 8:45 p.m. She reconvened the meeting at 8:50 p.m.
and invited testimony OPPOSED to this project.
The following were opposed to the project because of its location, noise, lights, traffic,
selling of beer and wine, possibility of concerts, charity shows, and picnics being held in the
facility to raise funds, parking, gangs, vandalism, thievery, property values, concern that in
future years restrictions placed on the developer will need to be eased to make the project
financially viable.
MR. BUD KIRBY, Zircon Circle East, Portola Country Club, spokesman for a group called
The Committee for Concerned Homeowners from Portola Country Club and Chaparral
Country Club, said the average age of residents in Portola Country Club was close to 65, and
they go to bed at 9:00 p.m. He said approximately 60% to 65% were out of town during the
summer. He stated that in talking with realtors, if this project goes in on Hovley, he
estimated that within two years their property values would decline 10%. He disagreed with
the statement staff made indicating that concerns of the residents had been mitigated. He
questioned how this could be a profitable project if, as the developer indicated, there would
not be many people coming in for the games. He urged the Council to deny the Conditional
Use Permit on the location of this project on Hovley Lane.
MR. ALAN MOORE, Portola Country Club, expressed concern that people who spoke in
favor do not live near the project, and he said he was appalled that the Planning Commission
would approve it after all the valid opposition from Portola Country Club and Chaparral.
Councilman Crites noted that noise seemed to be at the top of the issues of concern. He
asked whether Mr. Moore or any of his colleagues had done what Mr. Odekirk suggested and
gone and stood 100 yards or 200 yards away from the existing fields to listen to the amount
of noise from those fields.
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Mr. Moore responded that he was not asked to go and do this. He said he lived in the
middle of Portola Country Club and could hear the noise from the park on Magnesia Falls.
In addition, he said he could hear the public address system at the Palm Desert High School.
Both of these facilities are a lot further away than the new facility will be.
MRS. DEB HOPPERT, 74-176 Quicksilver, stated she was on the Board of Directors for
Portola Country Club but was speaking as a concerned homeowner. She expressed concern
that having a shuttle from Palm Desert High School would not solve the problem of people
parking their cars on Portola, Cook, and the side streets. She said she felt the complex
would be an asset for our young people, seniors, and out of town visitors but opposed its
location in a residential area.
Upon question by Councilman Crites, Ms. Hoppert responded that the Board of Directors for
Portola Country Club had chosen not to take a position on the project at this time.
MR. MIKE FROST, 89 Camino Arroyo South, Chaparral Country Club, Palm Desert, stated
he was the Association Appointed Chairman of a watchdog committee to attend meetings and
get information about this proposed project. He said a high majority of the Chaparral
homeowners were opposed to the project. He said the egress from Chaparral onto Portola
was getting more and more difficult; additional traffic on that street would make the situation
intolerable. He said they opposed the location and felt Project Area No. 4 was large enough
to support both a golf course and this complex.
MR. PAUL MEISTER, 69 Camino Arroyo Place, Chaparral Country Club.
MR. STAN RYS, Portola Country Club.
MR. TOM McGUIRE, 74-570 Azurite Circle, Palm Desert.
MS. GERTRUDE WEINBERG, 123 Camino Arroyo South, Chaparral Country Club.
MR. JOE CURRY, 183 Camino Arroyo North, Chaparral Country Club, said he could assure
the Council that if it set a precedent by allowing this project in a residential area, Mr. F.X.
McDonald, owner of an adjacent 30-acre parcel, will in turn ask for rezoning of his property.
MR. ED BETTENCOURT, 155 Camino Arroyo North, Chaparral Country Club.
MR. TOM HAVERCORN, Director of Real Estate for Westside Bank, owner of a piece of
r - , r w tj directly adjacent to the proposed complex, stated that several years ago they had
given to the City the piece of property for the proposed complex in exchange for a high
density bonus on their piece. He said he felt the park would be an asset to the community;
however, he said they would prefer that it be used for what they had thought it would be
when it was given to the City -- a passive public park. If there was no other location in the
City for this complex, he said they would at least like for the Council to consider some type
of adjustment as a buffer for the noise.
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Mayor Benson invited rebuttal from the applicant.
Mr. Rick Odekirk stated that they had met several times with the Board of Directors of
Portola Country Club, beginning in the spring, to explain the project to them. This was done
at a time when the homeowners were not out of town. He said he had also received
information that only about 50% of the homeowners leave town during the summer months.
With regard to potential property devaluation, he said they had spoken with Curt Dunham,
developer of adjacent residential property, and he said they had not been affected by this.
Mayor Benson invited rebuttal from the opponents.
Mr. Kirby stated he was President of the Men's Club at Portola Country Club. He said there
were 125 members, and he felt lucky to get 22 to 23 for Saturday morning golf since many
area out of town.
Mr. Frost stated that the reason there were not more residents from Chaparral at this meeting
was that they were encouraged not to come and parade before the Council. He said the
position he gave was the official position as approved by the Chaparral Homeowners
Association.
Mayor Benson noted for the record that many people were out of town this time of year, and the
Council has received letters both for and against this project. She declared the public hearing
closed.
Councilman Crites noted the issue brought up about Chaparral Country Club and egress onto
Portola. He stated that whether or not this project happens, he would like to know the future
of signals in this area.
Mr. Folkers responded that staff was opposed to putting in signals unless they are necessary,
and the last study done did not warrant a signal at this location. In addition, the signal at
Portola Country Club was barely warranted and would be installed as soon as the City
receives the money from Portola Country Club's share of the cost of the signal.
Upon question by Councilman Crites relative to sale of alcohol, Mr. Shillcock stated that the
last memo from the Sheriff s Department indicated they had reviewed the complex and
operation, now understood what was happening, and had no problem with the sale and
consumption of alcohol in the restaurants and the immediate surrounding area. They did,
however, want to further investigate the consumption of alcohol in the volleyball area but
indicated it could be allowed if a beer garden were established with someone to monitor the
activities of that area.
Councilman Crites stated he was not present when this was first discussed by the Council.
At that time it was proposed to be located in a different part of the City to the north of
Country Club Drive, and he asked why the change.
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Mr. Diaz responded that the Councilmembers who were present did not want it in that
section. When Councilman Kelly noted that Council would like to have had it north of
Section 4, Mr. Diaz stated that problems with that area were the same as we had when
looking at the tri-cities sports complex -- cost of bringing in utilities, wind, and blow sand
problems.
Councilman Wilson stated that the Council aborted the plan to put the Civic Center ballfields
in that area because of the problems shown in the studies. He added that he would like to
correct the record. He said the southeast corner of Frank Sinatra and Portola was an area
that was basically vacant land with nothing across the street in any direction, and he felt
Council could approve the requested 11:00 p.m. lights out without bothering anyone. He said
the City at one time had plans to put a conference center at this location, and he felt Section
4 was an excellent place for this complex.
Mayor Benson stated that the Council had heard many pleas for places for the local youth to
play, and Palm Desert is the only city in the Valley that has done anything for the youth over
the years. She asked how much time would be allotted for local kids to play for free
inasmuch as Mr. Odekirk would be bringing in other teams to play.
Mr. Rick Odekirk responded that in the first year or two there would be a lot of time because
they would be building their softball program. He added that they were committed to giving
the local youth all of their playoff and championship games there.
Mr. Ron Odekirk added that while they could not give a committed answer to Mayor
Benson's question, by providing this adult facility, they would free up the other fields and
give the kids those fields back.
Councilman Kelly said he felt this was a great project even though we will be serving adult
softball for the rest of the Coachella Valley, and he said he was not happy about that because
it would bring a lot of outside people into the area. He felt the special events and
opportunities for the youth were good. However, his biggest concern was the location, and
he felt another location should be found. He said the Council has a responsibility to its
residents and an obligation to protect those opposed to the project. He added that he did not
like it when that 1.4 wk. —Ai was donated to the City and had voted against it because he did not
like changing the zoning from open space.
Councilman Snyder also expressed concern with the location of the project although he liked
the facility itself. He suggested some additional study to determine if there is another suitable
place it can be located.
Councilman Wilson stated that the City was always being asked to build more ballfields
because there are never enough. He said that if the developer defaults on the project, the
City would own three ballfields, so this was not a problem as far as he was concerned. He
said the issue was location of this project and also what could be done with the property if
the project were not built here, with the only other alternative being to put in a passive park.
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He said if he lived in Portola Country Club, he would prefer this facility over a passive park
because of the high walls, controlled environment, and security, while a passive park would
allow people to come and go any time of the day or night. He stated he felt we had gone too
far to continue to study this and look for alternative sites. He felt a more desirable location
was the northwest area of Section 4, which had room for a municipal golf course as well as
this project, with room to expand the facility if it is successful.
He stated that another issue was the Planning Commission condition that the ballfields be shut
down at 10:00 p.m.; the developer says that for this facility to work financially, the need to
go until 11:00 p.m. He said he felt a straw vote of the Council should be done and asked
how many Councilmembers would agree to change that condition to allow the lights to stay
on until 11:00 p.m.; he said if the votes were not there to extend the time to 11:00 p.m.,
another site would need to be found. No one agreed.
Councilman Wilson asked, if it is determined that this is not the location for this facility and
he proposed the City -owned land in Section 4 in the northwest section, whether this could be
expedited so that we do not lose years in going back to the beginning. He said he realized
it would have to go back to the Planning Commission, but he asked if it could be back before
the Council at its meeting in August.
Mr. Diaz responded that it could be done as Councilman Wilson suggests.
Upon question by Councilman Wilson as to whether this was an option worth exploring, Mr.
Rick Odekirk responded that he would be interested in working with the City of Palm Desert
to put the facility in the northwest part of Section 4. He added that this was the area he had
asked for at the very beginning. He noted that he was not interested in moving out by the
freeway, and if the Council decides that is the only place in Palm Desert to put the complex,
he would have to say thank you and go somewhere else.
Mayor Benson stated she felt the concept was good; however, she said her main concern was
the $2.8 million, and she felt this was not something the City should do in these economic
times, whether the project is on Hovley or in Section 4.
Councilman Crites agreed with Wilson that if he were a resident of Portola Country Club or
Chaparral, he would prefer this project to a passive park on Hovley. He said he had thought
living near a park was a good thing, but he said he now feels it is equal to living near a
stockyard. With regard to traffic on the streets in that area, he said that whether the park
attracts 90 people or 190 or 490, it will impact the traffic; however, he said he thought the
impact from this park would be minor when you consider that there is another half of the City
that is currently empty, and every bit of that when developed will dump more traffic onto
Portola and other streets. He complimented the developer for planning to put a 25-foot
barrier around the facility and using baffling overhead and said he felt would help a lot with
the noise. He added that he did not think placing the facility on Hovley would be a
catastrophe in terms of issues; on the other hand, there were many concerns from the
homeowners.
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Councilman Kelly disagreed with placing the project in Section 4. He said there had been
much discussion for the last five years about building a City -owned golf course in that area
with a conference center, small hotel, and residential areas around the golf course. He said
he did not think the Council should determine that the project will go either on Hovley or in
Section 4 and nowhere else because we have not yet investigated other areas. He said there
was a lot of vacant land in the north sphere, and he felt there must be something that could
be done to sink the ballfields down to take care of the wind problems.
Mayor Benson agreed with Councilman Kelly and said the City recently spent money moving
houses from in front of the Marriott that were felt were not compatible with what the City
wants in that section. She said she did not think that was done just to put in a ballfield.
Councilman Wilson moved to, by Minute Motion, direct staff to find an appropriate 20 acres on
Portola Avenue in Section 4 between Country Club and Frank Sinatra on City -owned land that would be
suitable for this facility as designed and one that would also fit in and not interfere with any future plans
for a municipal golf course in that area, and direct staff to immediately put it through the Planning
Commission process so that it is approved prior to the time when Council has the financing contracts before
it at its August meeting.
Mr. Diaz stated he was confident staff could come back to Council at its adjourned meeting
with a suitable site and that this could be brought before the Planning Commission for
approval prior to the Council's August 26th meeting.
Councilman Snyder seconded the motion. Motion carried by a 3-2 vote, with Councilman Kelly
and Mayor Benson voting NO.
Mayor Benson called a five-minute recess at 10:30 p.m. and reconvened the meeting at 10:35 p.m.
XIX. ORAL COMMUNICATIONS - D
None
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XX. ADJOURNMENT
Councilman Crites moved to adjourn the meeting to Closed Session at 11:10 p.m. pursuant to
Government Code Section 54956.9 (a), (Palm Desert v. Refco; Reed v. City of Palm Desert, Superior Court
Case No. 69988; Palm Desert v. Thomas; Palm Desert Redevelopment Agency v. Thomas), and 54956.8,
Real Property Acquisition (Fox property on west side of the Palm Valley Channel; San Tropez on Country
CIub Drive). Motion was seconded by Wilson and carried by unanimous vote.
Mayor Benson reconvened the meeting at 11:45 p.m. and adjourned to 9:00 a.m. on Monday, July
19, 1993, in the Civic Center Council Chamber, with no action announced from Closed Session.
ATTEST:
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SHEILA R. GILLIGAN, CITY CLERK
CITY OF PALM DESERT/CALIFORNIA
JEAN M. BENSON, MAYOR
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