HomeMy WebLinkAbout1997-10-09MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, OCTOBER 9, 1997
CIVIC CENTER COUNCIL CHAMBER
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I. CALL TO ORDER
Mayor Kelly convened the meeting at 4:01 p.m. for joint Oral Communications with the
Redevelopment Agency.
H. PLEDGE OF ALLEGIANCE - Mayor Richard S. Kelly
III. INVOCATION - Councilman Walter H. Snyder
IV. ROLL CALL
Present
Mayor Pro Tempore Jean M. Benson
— Councilman Buford A. Crites arrived at 4:04 p.m.
Councilman Walter H. Snyder
Councilman Robert A. Spiegel
Mayor Richard S. Kelly
Also Present
Ramon A. Diaz, City Manager
David J. Erwin, City Attorney
Sheila R. Gilligan, Director of Community Affairs/City Clerk
Richard J. Folkers, ACM/Director of Public Works
John Wohlmuth, ACM/Director of Administrative Services
Carlos L. Ortega, RDA Executive Director
David Yrigoyen, RDA Manager
Pat Conlon, Director of Building and Safety
Phil Drell, Director of Community Development
Paul Gibson, Director of Finance/City Treasurer
Gregg Holtz, Engineering Manager
Gloria Darling, Human Resources Manager
Ruth Ann Moore, Business Support Manager
Paul Shillcock, Economic Development Manager
Rudy Acosta, RDA Project Manager
Lisa V. Constande, Environmental Conservation Manager
Agnes G. Flor, Financial Operations Manager
Rachelle D. Klassen, Records Technician
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V. ORAL COMMUNICATIONS - A
MS. ERIKA BYRD of Publicity Unlimited, Rancho Mirage, addressed the City Council with
results of the grand prize drawing from the "Million Dollar Days" promotion held in July 1997.
Her firm, as advertising and promotional services contractor, assisted with organization of the
promotion for the City of Palm Desert. She stated that the "Million Dollar Days" promotion
generated a great deal of enthusiasm from both the residents and the retail merchants, contributing
to its great success. Ms. Byrd reported that in July, each household received 25 "Palm Desert
Dollars" to spend with the approximately 300 participating merchants. One million dollars were
printed, and more than 100,000 Palm Desert Dollars were redeemed, more than a 10% return,
which she stated was an excellent response for any promotion. She added that in conjunction with
the promotion, a drawing was held for the 100+ prizes donated, as well as the grand prize, a
Maclntosh computer system. She went on to say that there were 103 winners of prizes total.
Mayor Kelly and Mayor Pro Tempore Benson presented Sanita Kelley of Palm Desert with the
grand prize. Mayor Pro Tempore Benson stated that the funds used to support this promotion
resulted from an agreement made several years ago with the College of the Desert Alumni
Association Street Fair. The terms provided that business license fees collected from these vendors
be placed in a fund for promoting retailers throughout Palm Desert.
MR. PAT CONLON, Director of Building and Safety, presented the new Code Compliance
Supervisor, Mr. Hart Ponder. He stated that Mr. Ponder had been selected for the position from
a field of over 100 applicants, and that the department feels very proud to have him on board.
MR. HART PONDER, Code Compliance Supervisor, stated that he was happy to be with the City,
and that he looked forward to serving the community and the Council.
VI. CONSENT CALENDAR
A. MINUTES of the Regular Meeting of the Palm Desert City Council of September 25,
1997.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 17 and
18.
Rec: Approve as presented.
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C. CLAIM AGAINST THE CITY (#345) by Gentry Howden in the Amount of $536.14.
Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the
Claimant.
D. REQUEST FOR APPROVAL to Waive Permit Fees for the Foundation of the Retarded
for its New Building Facility.
This item was removed for separate discussion under Section VII, Consent Items Held
Over. Please see that section of the Minutes for Council discussion and action.
E. REQUEST FOR APPROVAL of Ratification of Hiring a Financial Advisor to Review
Documents on Refunding Bond Issue.
F.
This item was removed for separate discussion under Section VII, Consent Items Held
Over. Please see that section of the Minutes for Council discussion and action.
REQUEST FOR APPROVAL of Property Management Services (Contract No. C130
for Parkview Office Complex.
This item was removed for separate discussion under Section VII, Consent Items Held
Over. Please see that section of the Minutes for Council discussion and action.
G. REQUEST FOR AUTHORIZATION of Adoption of Agreement (Contract No. C13520)
with MuniFinancial Services to Provide Disclosure Services for the City of Palm Desert.
Rec: By Minute Motion, approve Contract No. C13520 and authorize the Mayor to
execute same.
H. REQUEST FOR APPROVAL of Refund of Building Permit Issued April 10, 1997, to
Aaron D. and Kimberly M. Hamilton for 41-945 Carlotta Drive.
Rec: By Minute Motion, refund Building Permit No. 24240 (Project No. 9014), issued
April 10, 1997, in the amount of $90,40 (41945 Carlotta Drive).
I. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by House of Brews, 72185
Painters Path, Palm Desert.
Rec: Receive and file.
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J.
APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by
Club 74, 73061 El Paseo 2/7C & 7C, Palm Desert.
Rec: Receive and file.
OCTOBER 9, 1997
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El Paseo De Soleil for
K. REQUEST FOR APPROVAL, of Establishing a Custodial Account and Life Insurance
Transfer Authorization with the Public Employees Benefit Services Corporation
(PEBSCO).
Rec: By Minute Motion, waive further reading and adopt Resolution No. 97 $7
Establishing a Custodial Account and Life Insurance Transfer Authorization.
L. REQUEST FOR AUTHORIZATION of Riverside County Transportation Commission's
Memorandums of Understanding (MOU) for Highway 111 Improvements at Monterey
Avenue, San Pablo, and Portola Avenue (Contract Nos. C13510, C13530, C13540)
Rec: By Minute Motion, authorize the Mayor to execute the subject documents.
M. REQUEST FOR APPROVAL of Change Order No. 1 to (Contract No. 12290).
Rec: By Minute Motion: 1) Approve Change Order No. 1 to (Contract No. C12290) in
the amount of $4,355.00; 2) authorize the appropriation of $4,355.00 from the
Assessment Zone 14, K&B at Palm Desert, reserve balance to Account
#285-4374-433-3320.
N. REQUEST FOR AUTHORIZATION to Advertise and Ca11 for Bids for the Deep Canyon
Storm Drain from Whitewater Storm Channel to Alessandro Drive, Phase II (Contract
No. C13550)
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the
Deep Canyon Storm Drain from Whitewater Storm Channel to Alessandro Drive,
Phase II.
O. REQUEST FOR AUTHORIZATION of Notice of Completion for (Contract No. C12390,
Project No. 518-97) for the Minor Storm Drain Improvements.
Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion for the
subject project.
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P. REQUEST FOR AUTHORIZATION of Notice of Completion for (Contract No. C12080,
Project No. 697-97) for the Monterey Avenue Sidewalk Installation.
Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion for the
subject project.
Q. REQUEST FOR AUTHORIZATION for Program Supplement Agreement No. 001-M to
Master Agreement No. 08-5414 for Deep Canyon Road and Highway 111 (Project
No. 633-95).
Rec: By Minute Motion, approve and execute STPL Supplement No. 001-M to Master
Agreement No. 08-5414 for the State Share of the Deep Canyon Road and Highway
111 Intersection improvements in the amount of $350,000.
R. REQUEST FOR AWARD OF CONTRACT No. C10621 for the Landscaping Along
Elkhorn Trail and Fred Waring Drive (679-97).
Rec: 1) Award Contract No. C10621 to Land Concepts of Palm Desert, California, for
the landscaping installation for the subject project in the amount of $17,577.00, plus
a ten percent contingency in the amount of $1,757.70, from available funds in
Account #410-4616-433-4001; and, 2) Authorize the Mayor to execute the
Agreement.
S. REQUEST FOR APPROVAL Contract No. C07432, Amending Contract No. C07430, for
City-wide Striping.
Rec: By Minute Motion, approve Contract No. C07432 and authorize Mayor to execute
same.
T. REQUEST FOR AUTHORIZATION of Extension of Street Sweeping (Contract
No. C08980).
Rec: By Minute Motion, authorize a two-year extension of (Contract No. C08980) with
Interstate Sweeping, Inc., at the existing contract amount of $13.00 per curb mile
for a total of $74,360.00 per year.
U. REQUEST FOR APPROVAL of Final Tract Map No. 27710-1.
Rec: Waive further reading and adopt Resolution No. 97-8$, approving Tract Map
No. 27710-1.
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V.
W.
REQUEST FOR APPROVAL , of Chapter 8 Sale No. 4201, Assessment No. 628030004-5
for the Coachella Valley Water District.
This item was removed for separate discussion under Section VII, Consent Items Held
Over. Please see that section of the Minutes for Council discussion and action.
,LETTER OF RESIGNATION from Nate Scharff from the Palm Desert Promotion
Committee.
Rec: Receive with sincere regrets.
X. REQUEST FOR APPROVAL of Amendment to Contract No. C13119 with Publicity
Unlimited to provide additional services for maintaining the City's Web Site and
production of 12 issues of the Bright Side Newsletter.
Rec: By Minute Motion, approve amendment to News Bureau Services contract (Contract
No. C1311Q) and authorize Mayor to execute same.
Y. PRESENTATION OF Portfolio Master Summary for the Month of August 1997.
Rec: Receive and file.
Mayor Pro Tempore Benson asked that Item D be removed for separate discussion under Section
VII, Consent Items Held Over, of the Agenda. Councilman Spiegel asked that Item F be held over
for separate discussion. Councilman Crites asked that Item V be held over for separate discussion.
Mr. Diaz requested that Item E also be removed for separate discussion.
Upon a motion by Spiegel, second by Crites, the remainder of the Consent Calendar was approved
as presented by unanimous vote of the City Council.
VII. CONSENT ITEMS HELD OVER
D.
)&EQUEST FOR APPROVAL to Waive Permit Fees for the Foundation of the Retarded
for its New Building Facility.
Mayor Pro Tem Benson stated that she asked for this item to be held over because she was
concerned about the condition placed upon the waiver " ...that the Foundation provide the
City with promotional material (i.e. shirts, bags, hats, etc.) at cost for the next five years."
She stated that since this is the Foundation's sole source of income to support its activities
and employees, it would be unfair of the City to ask this when fees have been waived for
other non-profit organizations such as the BIA House, Southwest Community Church and
The Living Desert who had never been asked for services in exchange. She said that she
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felt the approval should be given without placing any further conditions on the organization
in return for granting the waiver.
Mayor Pro Tempore Benson moved to, by Minute Motion, approve the waiver of fees requested
with no other conditions attached. Motion was seconded by Spiegel and carried by unanimous vote.
E. REQUEST FOR APPROVAL of Ratification of Hiring a Financial Advisor to Review
Documents on Refunding Bond Issue.
Mr. Diaz asked that this item be continued to the meeting of October 23, 1997.
Councilman Spiegel moved to continue this matter to the regular City Council Meeting of
October 23, 1997. Motion was seconded by Snyder and carried by unanimous vote.
F. REQUEST FORAPPROVAL of Property Management Services (Contract No. C13500)
for Parkview Office Complex.
Councilman Spiegel inquired about the staff recommendation and the fact that this contract
is considerably more expensive than the present contract with Ted Rutherford. He added
that he understands their fee is higher possibly due to the fact that they deal primarily with
_ bankruptcies. He further inquired if this recommendation resulted from a solicitation for
bids or as a result of our past experience with their firm, since it was his understanding that
Mr. Rutherford provided the service for less cost.
Mr. Gibson responded that it was staffs decision to return to the previous bidding process.
He stated that there were actually only two bids received in the last process, one from
Mason & Mason and one from Ted Rutherford. He added that Mr. Rutherford had
anticipated, from his original bid, that he would receive commission on any new tenant
coming into the building, but that this had not been agreed to; he would need to do this
without a commission. He went on to say that Mason & Mason has an individual assigned
to the Parkview building directly, whereas Mr. Rutherford did not— and did not provide
one, even though he verbally agreed to do so. Mr. Gibson added that while it is possible
to find someone locally who can provide the service for less, the problem has been a
conflict of interest between their attention to renting their other properties in the valley
over our building. He said this had been the case in our past experience with this service.
Staff therefore recommends to contract again with Mason & Mason based upon their
superior performance, and although it is $2,000.00 per month more, we have found their
services more than offset that cost by their attraction of new tenants.
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Councilman Spiegel said that the reason he pulled this item was because Ted Rutherford
had called him to say that he had someone, he did not recall their name. Councilman
Spiegel said he had tried to call the person, but was unable to reach him.
Mr. Gibson said he had reviewed the gentleman's proposal, and the problem is, as noted
in the staff report, that he is currently managing the Wall Street building in Indian Wells
in addition to being a broker for a firm representing commercial buildings. Therefore,
staff foresees many of the same conflicts which were experienced with the previous
contractor. Mr. Gibson also noted that this gentleman's bid was similar to Ted's, and he
indicated that he desired a commission on any new tenant. When this is added into the bid,
the cost is probably equal.
Councilman Spiegel asked for confirmation of the fact that this would award a one-year bid
to Mason & Mason, and that the total cost would be $24,000.00 over what we are now
paying.
Mayor Kelly added that perhaps we do not know, if a commission is added into the price,
the cost may be even more than $24,000.00.
Mr. Gibson stated that with Mason & Mason, no commission will be charged, which they
did not charge in their previous contract either.
Councilman Spiegel moved to approve Contract No. C13500 with Mason & Mason for property
management services at the Parkview Office Complex for the period of one year commencing on
November 1, 1997, with staff directed to, during the course of the contract year, explore possibilities for
recruiting local candidates to participate in the bidding process for next year's award. Motion was
seconded by Benson and carried by unanimous vote.
V. REQUEST FOR APPROVAL of Chapter 8 Sale No. 4201, Assessment No. 628030004-5
for the Coachella Valley Water District.
Councilman Crites asked for the location of the property named in this request.
Mr. Erwin stated that this transaction does require Council approval. From its appearance,
it indicates that the water district is acquiring this for the taxes due, and that their
Resolution, No. 96-223, would indicate that this particular parcel had been intended for a
reservoir site. However, he said he was also unaware of its exact location.
Councilman Crites moved to continue the matter until more information was available to make an
informed decision. Motion was seconded by Spiegel and carried by unanimous vote.
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Mr. Holtz brought relative information back to the Council prior to the dinner break, and
the following discussion and action took place.
Councilman Crites said that with this information, he could now see where the property
was located; it is in the hillsides.
Councilman Crites moved to, by Minute Motion, consent to the acquisition of Assessment
No. 628030004-5, which lies within the City limits of Palm Desert, for reservoir purposes
with the condition that lands not used for reservoir purposes are to remain as open space.
Mayor Kelly asked for exactly what purpose this land would be used.
Mr. Erwin replied that the land is to be used for a reservoir site; this is the only indication
that we have as set forth in their resolution. He added that it does appear that it is a parcel
which is approximately three acres in size; it is west of the Channel, and it is marked on
the map shown with hash marks.
Mr. Holtz outlined the area on the display map for Council.
Mr. Diaz stated that the motion should state that the land which is unused for reservoir
purposes shall be left ungraded in its natural state with no construction. He added that if
the language states, "...are to remain as open space", this will allow for grading and a
myriad of uses which fall under the "open space" use designation.
Councilman Crites modified his original motion to the following, by Minute Motion, consent to
the acquisition of Assessment No. 628030004-5, which lies within the City limits of Palm Desert, for
reservoir purposes with the condition that lands not used for reservoir purposes are to remain in their
natural state ungraded. Motion was seconded by Spiegel and carried by unanimous vote.
VIII. RESOLUTIONS
None
IX. ORDINANCES
For Introduction:
None
For Adoption:
None
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X. NEW BUSINESS
A. REQUEST FOR APPROVAL to Establish a Policy Regarding Employee Harassment,
Drug and Alcohol, and Family Leave.
Mr. Wohlmuth introduced Ms. Gloria Darling, Human Resources Manager, who would
provide Council with the report.
Ms. Darling reported that the aforementioned policies are expressly designed to provide
guidance to the City's employees with regard to their safety and conduct on the job. She
stated that the policies are a result of many meetings with staff and the Palm Desert
Employees Organization over the past year. She noted that legislation passed and present
conditions warrant the need to adopt these policies for protection of both the City and its
employees. She stated that one more policy remains to be brought before Council, the
"Anti -Violence in the Workplace" policy, which she hopes to bring to the Council in the
very near future, as well as the amended Personnel Ordinance. She added that staff is
looking forward to adopting these policies which will place the City in line with similar
policies nationwide, further enhancing the City's status as a very desirable employer.
Mayor Pro Tempore Benson asked whether the City Attorney had reviewed these policies.
Mr. Erwin responded affirmatively; that his office and City staff have been working on this
project for a long period of time.
Councilman Spiegel asked if the "Anti -Violence in the Workplace" and the Personnel
Ordinance did not pass.
Ms. Darling responded that these two policies have not yet been through the process of
Meet and Confer with the Palm Desert Employees Organization, but they are in process;
she expects they will soon be acted upon and then brought before Council.
Mr. Wohlmuth added that he expects to have these at the next City Council meeting.
Ms. Darling further stated that all the policies will require implementation training for both
employees and supervisors. She noted that each policy contains an acknowledgment to be
signed by each employee.
Councilman Spiegel asked if it would contain a little less legalese and be more user-
friendly.
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Ms. Darling replied yes, and that she intends to include them in the new employee
handbook which will also involve some training.
Councilman Snyder moved to waive further reading and adopt Resolution No. 97-89 establishing
policies and guidelines on employee harassment, drug and alcohol, and family leave policies. Motion was
seconded by Spiegel and carried by unanimous vote.
B. REQUEST FOR APPROVAL of Design and Right of Way Review for Highway 111
Between Plaza Way to San Pablo Avenue and San Pablo Avenue Between Highway 111
and El Paseo.
Mr. Diaz stated that staff would like this matter continued to the 7:00 p.m. portion of the
meeting so that Mr. Folkers might present his report to Council and answer any questions
they may have as he was called away just prior to the start of the City Council Meeting to
attend to matters with regard to work on the interchanges.
Councilman Crites moved to continue the matter to the 7:00 p.m. portion of the meeting. Motion
was seconded by Spiegel and carried by unanimous vote.
Following the public hearings, Mr. Folkers was available to answer Council's questions;
he presented a large map for display of the area and proposed recommendation.
Councilman Crites asked about the San Pablo Avenue intersection at Highway 111 at the
location of the florist shop. He said that as it is designed currently, there are two lanes
which go across Highway 111, and if there is a car going straight across the highway in
the right hand lane, it stops everyone else who wants to make a right hand turn onto
eastbound 111. He wanted to know if this right -of --way could be modified in order to make
better traffic flow here.
Mr. Folkers explained that previously they attempted to get a free flow right turn with
CalTrans, which was denied. He noted that we had concerns about the right of way
situation on the right side and affecting The Rose Company. He said that if we were to
do this, the travel lanes would be placed very close to the building.
Mr. Diaz stated he understood that if a free flow lane was to be installed here, safely
engineered, it would actually require taking some of that building, whether CalTrans
allowed it or not.
Mr. Folkers stated that with the right turn situation, it is a problem to design it per
CalTrans standard. He added that it would be possible to go back and review having an
additional right turn lane, which is not a free flow right turn lane as is on the northwest
corner at the intersection, and try to work that in.
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Councilman Spiegel moved to, by Minute Motion: 1) Approve the proposed alignments and
geometries and direct staff to proceed with design and right of way acquisition; 2) Staff to obtain CalTrans
approval for a free flow right turn lane from Highway 111 to southbound Highway 74; and, 3) Staff to
add an exclusive northbound right turn lane on San Pablo Avenue south of Highway 111. Motion was
seconded by Councilman Snyder and carried by unanimous vote.
C. INFORMATIONAL ITEMS:
1. Update on Interchanges:
a. I-10/Washington Street
b. I-10/Monterey Avenue
Mr. Diaz stated that Mr. Folkers had been called away to tend to the demolition of
the railroad overpass at I-10 and Monterey Avenue. He added that the Washington
interchange is proceeding.
2. Progress Report on Retail Center Vacancies
Mr. Drell introduced Ms. Ruth Ann Moore, Business Support Manager, who
presented a summary report on retail vacancy within the commercial core for Palm
Desert to the Council. It has been attached hereto and made a part of these Minutes
as Exhibit "A". He added that some of the report deals with matters of potential
litigation which will be provided to Council during Closed Session tonight.
Councilman Spiegel commended Ms. Moore on an excellent report, and Councilman
Snyder concurred adding that it was the most precise and well done report submitted
to the Council in a long time.
3. Henwood Energy Report/Cove Communities
Mr. Wohlmuth provided a detailed report to the Council. It has been attached hereto
and made a part of these minutes as Exhibit "B". He reported that their focus, to
date, has been on Task 1, which is Customer Energy Use Data Collection. He stated
that part of their scope of work was for each city to identify three properties to do
a detailed analysis of energy use-- energy bills, type of energy used, time of use.
The three Cove Communities chose three properties, trying to identify three different
types of property for each community to provide a better base of information
generated by Henwood. He went on to say that City of Palm Desert chose
Marriott's Desert Springs, Palm Desert Town Center and one industrial use, Breeze
Air Conditioning in the Cook Street area. He said that all of those interviews have
been completed and the findings will be identified in the near future. In addition,
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he said, the three communities have worked together to prepare a survey for mailing
to all their residents and businesses. City of Palm Desert will be sending that survey
out in the next two weeks. It will be called a newsletter special edition with postage
paid return. He reported that Indian Wells and Rancho Mirage will be doing the
same. Once surveys are returned Henwood will analyze the data. He stated that
estimates anticipate an approximate 20% return of surveys.
Mr. Wohlmuth went on to say that in addition to the previous, Henwood Energy is
also analyzing the current electricity framework, working with Southern California
Edison. City of Palm Desert has met with Edison on several occasions and has
received the overall usage in Palm Desert, and that data is currently being analyzed
by Henwood, along with the other two communities'. He stated that the major work
left to do is to identify the opportunities and options, and the survey will assist us
here. He added that Henwood is currently staying on track with the California
Public Utilities Commission interpreting AB1890, with further reports to come to
Council as they are available.
Councilman Crites asked if data had been gathered on the City's electric bill, and if
this information was being analyzed in this process.
Mr. Wohlmuth answered that yes, the meters which are paid by City of Palm Desert
are being studied. He added that this was the first data which was collected from
Southern California Edison.
Councilman Crites asked if the staff was planning to be able to make
recommendations to the Council with regard to the City load before January 1, 1998,
and if these recommendations might include making some changes.
Mr. Wohlmuth stated that this is one of the goals. He added that on the City's own
meters, in fact, options are being discussed regarding a time of use meter, and that
this is an important aspect. He said he believes the City of Palm Desert should
consider this first so that these breaks on electric rates when power is used during
off-peak times. He added that there are other factors, for example traffic signals are
very high energy users; they have a consistent energy use throughout the 24-hour
period. He went on to say that there are other options for the City on traffic signals
and street lighting; one of the options may be not to use an LS-1 charge as Edison
has done in the past, but to actually meter them. He anticipates these are the types
of recommendations which will be made.
Councilman Crites asked if Edison has at least discussed allowing a very small
number of "escapees" per month from their system due to the fact, they say, that
more than this number cannot be processed. He added, however, that what the
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California Energy Commission does may be a different issue than the Utilities
Commission. He asked if we had applied for the ability to do this.
Mr. Wohlmuth answered that the original AB1890 and the California Public Utility
Commission had originally set an amount of kilowatts which will be open initially
and that, as the Council probably knows, Palm Springs was working on being one
of the first in the State of California. He added that the rules have changed; on
January lst, it will be open to everybody.
Councilman Crites further asked about his understanding that Edison has stated that
they do not have the ability to let people out, so that there is a different strategy in
place now for keeping customers "in the fold" for a long period of time.
Mr. Wohlmuth responded that Henwood is exploring this issue. He said, in fact, he
had a conversation last evening with Commonwealth, one of the companies
advertising very aggressively in the Coachella Valley, and that Commonwealth is
marketing their product to gated communities. They are saying, "We'll put a
master meter on your gate. You split up the bill among your homes." Mr.
Wohlmuth stated that the issue on that master meter is how will you split up the bill?
He added that he is currently collecting information regarding their advertising for
25 % savings on bills for joining Commonwealth. He said he was skeptical of this
claim as it may sound to the average citizen, and that we will be advising our
residents in the newsletter to be cautious before signing when percentages are
promised. He stated that the first part of deregulation is the commodity, or the
generation part; this is estimated at only 3C of the total bill; therefore, if it's 25 % of
3C, it is not a substantial savings.
Councilman Crites added that if you save 25 % of your total bill, you have paid
nothing to generate your electricity.
Mr. Wohlmuth answered, in fact, 21 % of your total bill is generation, so in this
case, you're getting paid to use it.
Mayor Kelly asked if Henwood is looking at the IID (Imperial Irrigation District)
effort. He added that the City has a large portion in our sphere served by IID.
Mr. Wohlmuth stated that Henwood will identify the issue with IID. He went on to
say that the City of Palm Desert has a substantial portion served by IID, and that we
actually have a gated community which is all IID— Avondale. He added that the Cal
State property is an IID territory, etc. He said that Henwood is looking at IID's
issues as possible options for their recommendation to the Cove Commission; they
have attended their meetings, have met with IID and will continue to do so. It is
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hoped that Henwood in their report will provide a good description of that option for
our City Council.
XI. CONTINUED BUSINESS
None
XII. OLD BUSINESS
None
XIII. REPORTS AND REMARKS
A. CITY MANAGER
1. Letter from Indian Wei requesting a commitment for funding $10,000 for the Miles
Avenue crossing.
Mr. Diaz stated that he recommends approval of this request.
Councilman Spiegel moved to, by Minute Motion, approve funding participation for the Miles
Avenue crossing at Whitewater Channel in the amount of $10,000.00. Motion was seconded by Snyder
and carried by unanimous vote.
2. Mr. Diaz stated that this item was regarding the Desert Willow Golf Resort,
Leadbetter Golf Academy - Installation of Trailer and Rental for two years.
Councilman Spiegel moved to add this item to the Agenda. Motion was seconded by Benson and
carried by a unanimous vote.
Mr. Diaz stated that currently Kemper Sports Management is working out
agreements with Leadbetter Golf Academy to have an instructional school at Desert
Willow, and to accommodate them, they need installation of a trailer and rental for
the next two years. The installation would run approximately $10,600.00, and the
lease on the trailer would run approximately $500.00 per month. He stated that as
part of our agreement, and because of requirements as a result of the method of
financing, the City needs to front the money to Kemper. He stated that he wished
for the Council to authorize $23,000.00 from unappropriated reserves for this
purpose. He further stated that the agreement is currently being reviewed by the
City Attorney and the Redevelopment Agency attorney to be sure all issues are
addressed, and that the matter had been discussed by the Golf Course Committee.
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Mayor Kelly asked if appropriation was the only method of providing these funds at
this time.
Mr. Diaz answered affirmatively.
Councilman Spiegel asked if this amount was for two years at approximately
$12,000.00 per year for the facility, and that when the clubhouse is finished if this
would be the end of it.
Mr. Diaz answered yes, it would be approximately $12,000.00 per year for the
facility, and that he would be coming back to Council regarding the sole learning
center after that.
Councilman Snyder moved to, by Minute Motion, appropriate of $23,000.00 from unappropriated
reserves for the purpose of allowing Kemper Sports Management to enter into agreements with Leadbetter
for an instructional school at the Desert Willow Golf Resort subject to approval by the City Attorney and
Redevelopment Agency Attorney. Motion was seconded by Crites and carried by unanimous vote.
3. Mr. Diaz stated that the next item regards the City of Palm Desert/College of The
Desert Libraries Identification Sign
Mr. Diaz stated that the library identification sign has been budgeted, and that he
needs authorization to proceed with its construction. He stated that the sign will be
similar in design to the sign at the McCallum Theatre; it will read, "City of Palm
Desert/College of The Desert Libraries", a pedestal sign of Corian material
internally lit with fluorescent and will match and be compatible with the library. He
added that CGS Sign Company had designed the sign, and it has met with the
approval of the various boards and bodies. He said he needed authorization to
proceed with contract execution with CGS in an amount not to exceed $14,000.00.
Councilman Spiegel asked if the Architectural Review Commission had seen the sign.
Mr. Diaz stated if they had not, he will bring it before them. He added, however,
that all the appropriate library officials had seen it.
Councilman Spiegel moved to add this item to the Agenda. Motion was seconded by Benson and
carried by unanimous vote.
Councilman Spiegel moved to, by Minute Motion, authorize staff to proceed with construction of
an identification sign for the City of Palm Desert/College of The Desert Libraries by CGS Sign Company
of a design which is compatible with signage present at the McCallum Theatre subject to approval by the
Architectural Review Commission. Motion was seconded by Benson and carried by unanimous vote.
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4. Mr. Diaz stated that this item dealt with Sun City Palm Desert Annexation
Mr. Diaz said that the Annexation Committee met recently, and depending upon the
outcome of the vote at Sun City, which the paper states 75 % were looking to come
into Palm Desert, staff would like to begin preparing a request for proposals for a
fiscal impact analysis covering annexation including Sun City and territory north of
Sun City, as Mayor Kelly is quoted in the newspaper article that we should look at
the rest of that area, as well.
Councilman Spiegel moved to add this item to the Agenda. Motion was seconded by Snyder and
carried by unanimous vote.
Councilman Crites moved to, by Minute Motion, authorize staff to prepare a request for proposals
for a fiscal impact analysis that would cover annexations of territory north of Interstatel0 including Sun
City and possible property beyond. Motion was seconded by Spiegel and carried by unanimous vote.
B. CITY ATTORNEY
1) Report and Action on Items from Closed Session Made at This Meeting.
2) Request for Closed Session
Mr. Erwin noted the items on the Agenda for Closed Session.
Conference with Legal Counsel regarding existing litigation pursuant to Government
Code Section 54956.9(a):
City of Palm Desert v. REFCO Capital Corporation, et al, United States
District Court, Central District, Case No. CV92-7632-RJF
Palm Desert vs. Michael Noto, Ruth Ann Demos et al Case No. INC 003030.
Stull v. Bank of America NT & SA, et al, Superior Court of State of California
City and County of San Francisco, Case No. 968-484.
Conference with Legal Counsel - Anticipated Litigation pursuant to Government
Code Section 54956.9:
Significant exposure to litigation pursuant to subdivision (b):
Number of potential cases:.j
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Conference with Real Property Negotiator pursuant to Government Code Section
54956.8:
1) Property:
384 Acres, that Portion of Section 7
QT6S R6E S.B.B.M. lying easterly of State Highway 74,
Riverside County
APN 771-050-003
771-050-004
771-060-002
Negotiating Parties
Agency: Philip Drell, Director of Community Development
Property Owner: Clinton Charles Myers
Under negotiation: a Price a Terms of Payment
C. CITY CLERK
None
D. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Children's Discovery Museum Walk-through
Mayor Pro Tempore Benson stated that the Board of Directors of the Children's
Discovery Museum is conducting a walk-through of the Museum Saturday,
October 18, 1997, at 10:00 a.m. The museum is scheduled to be open later this
year. She asked for someone from the Council to represent the City as she and
Councilman Snyder are already committed to a forum at the same time. She
stated that all of the Councils are being invited to participate.
Mayor Kelly stated that he would check his schedule and would plan to
participate.
2. Support for Foreign Trade Zone - Palm Springs Regional Airport
Mayor Pro Tempore Benson stated that she would ask for the Council's
concurrence for the Mayor to send a letter in support of the Foreign Trade Zone
to Mr. Al Smoot at the Palm Springs Regional Airport, following the example
of the Coachella Valley Economic Partnership. Mr. Smoot had telephoned
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Mayor Pro Tempore Benson stating that they were positive in Washington of
the funding, but that the more community support they could show, the better.
3. Canyons at Bighorn
Mayor Pro Tempore Benson stated she was disturbed to learn that grading was
taking place at the Canyons at Bighorn project when the whole project has not
yet been approved. She stated that it hasn't been to LAFCO, the annexation has
not been before the City yet, and she wanted a report regarding how this
grading permit was issued-- how do we let a project proceed which is not
completely approved? She said she sensed the developer did not really care if
they got the hillside or not.
Mr. Drell responded that there were two tract maps at this project, one for the
County portion and one for the City portion. He added that they are having to
apply for a grading permit to the County, and the County is processing their
grading permit. Mr. Drell stated that the developer is entitled to apply for a
grading permit on a recorded tentative map. He added that they proceed at
their risk; if they do not get the annexation, then they do not get the ultimate
approval of that portion, they develop that portion in the City and do not
develop the portion in the County. On the portion which we control, they apply
for a permit, and if they have complied with all the requirements for our
permit, it is issued.
Mr. Diaz stated that he believed they do have a permit for the water tank.
Mr. Drell added that Coachella Valley Water District can do their own work for
their tanks.
Mayor Pro Tempore Benson concluded by saying it was interesting to her that
this project needed to have their approval by July 5, 1997, to start grading when
they did not actually begin until October 8, 1997.
Councilman Crites added that the project was bulldozing everything out on the
property, and it also reminded him that this approval had to be done in two
weeks, it could not wait, then they waited three and a half months. He stated
that at the time, he had gone to see Katherine Thompson about saving some
specimen plants along the highway, and she told him that this had already been
approved. He further said that he did not feel that we did as good a job at this
project either. He added that he hopes it will be the last time he has to say
this-- that it was a less than admirable process.
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4. Golf Cart Parade Afternoon Entertainment - Civic Center_Amphitheater
Councilman Spiegel stated that he had learned of the Golf Cart Parade
Committee's decision to allow a business outside of Palm Desert to provide the
entertainment after the Golf Cart Parade on our stage. He noted that the business
is Fantasy Springs Casino. His concern was not for the business but just the fact
that it was a business from outside the City of Palm Desert. It was his recollection
that in prior years the sponsor has always been one from Palm Desert (i.e. Marriott
Desert Springs, A -Star Rents). He wished to go on record as believing this to be
inappropriate that a business outside the City of Palm Desert sponsor the
entertainment. He said he felt it appropriate that they have a golf cart in the
parade. He wished to get the feelings from his colleagues about this decision prior
to the Golf Cart Committee meeting tomorrow morning, Friday, October 10.
Councilman Spiegel moved to add this item to the Agenda. Motion was seconded by Benson and
carried by unanimous vote.
Councilman Crites stated he would like to know from the Committee what the
rationale was for their choice.
Mrs. Gilligan stated that Pat Scully attends the meetings as a City representative.
She stated that this matter has been previously discussed, but that the City has
taken a position-- it's an outside organization using our facilities, and in the past,
we have not taken a position in saying one way or another as to their choice of
entertainment. She added that the City has, however, taken a position as to the
type of entertainment which will be presented. At this time, she was unaware of
the type of entertainment it would be.
Mayor Pro Tempore Benson asked if the City was aware of what type of
entertainment Fantasy Springs was intending to present. She stated that this is
what the Council would need to know. She added that entertainment presented
at the Civic Center Park Amphitheater is extremely scrutinized by the public;
therefore, she said that the Council would want to be informed of the details.
Mayor Kelly stated that at this time, there was not enough information available
to make a judgment.
Councilman Spiegel moved to, by Minute Motion, direct staff to come back to the next City Council
Meeting with a recommendation regarding the entertainment to be presented at the Civic Center Park
Amphitheater following the Golf Cart Parade to be held Sunday, November 9, 1997. Motion was seconded
by Benson and carried by unanimous vote.
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5. Year -End Party and Service Awards Dinner
Councilman Spiegel stated that the Year -End Party Committee met, and it was
decided that the Employees' Year -End Party would be separated from
Committee/Commission Year -End Party this year, as there has not been an
attendance, in the past, with the employees at our total year-end party. He
added that it was decided to combine the Service Awards Dinner and the Year -
End Party, but only $3,500.00 had been put aside for the Service Awards
Dinner since all employees are not invited to this function. He said, therefore,
in order to host the affair properly, another $2,200.00 is needed.
Councilman Crites moved to add this item to the Agenda. Motion was seconded by Spiegel and
carried by unanimous vote.
Councilman Spiegel moved to, by Minute Motion, approve an additional $2,200.00 for the Year -End
Party. Councilman Crites seconded the motion, and it carried by unanimous vote.
o City Council Committee Reports:
1. Washington Charter School
Mayor Pro Tempore Benson reported to the Council that she had received a
letter from Washington Charter School in appreciation for her attendance at a
reception they held at Stouffer's last week celebrating "Success Day" for the
Washington Charter School since their charter was granted in 1994. The
reception highlighted their progress since this time. She stated that it was very
rewarding to hear the teachers come to her and say that they were so
appreciative that the City had worked with them so well; many of them had
been in cities where they did not even know who their City Council members
were, let alone that this body would help with any school projects. She read a
portion of the letter from Carol Harlock: "It is so gratifying to be a part of a
community that supports and encourages excellence in education. Ours is a
unique and wonderful partnership and greatly appreciated by the entire
Washington Charter School family."
2. Rideshare Week Festivities
Councilman Crites spoke on behalf of his colleagues in appreciation of staff's
organization of activities this week saluting California Rideshare making it a
great success! He said that it was a treat to walk into City Hall each morning
this week and see the kind of enthusiasm and response that was generated; hats
off to a job well done!
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Mayor Kelly added that he hoped to see all his colleagues at the Rideshare
Luncheon tomorrow, and that he felt it had been a great week of festivities as
well.
3. Sister City - Gisborne
Councilman Crites said he had sent around a memo this week containing
information our Sister City in New Zealand is doing. They are naming
themselves "The First City to See the Light of the Millennium", and he hoped,
with some dispatch, the Sister City Committee will begin to look at these ideas
and come up with something Palm Desert can do to be a cooperative partner.
4. Riverside County Transportation Commission -Eastern Riverside County
Projects
Mayor Kelly stated that at the last meeting, he reported on the action taken at
the RCTC where it was voted to submit $200 million in projects only located
in western Riverside County. He said that he had spent all day Monday and
Wednesday this week at the RCTC, with great assistance from CVAG and
Corky Larson, specifically who did a beautiful job making a presentation, it was
demonstrated what this part of the County had done, and laid out the documents
(there were many) for items they had chosen not to include in the County Plan.
As a result, he concluded, the four interchanges identified have now been
included in the submittal.
5. Torres -Martinez / Highway 86
Mayor Kelly stated that he needed to alert the Council regarding an issue over
negotiations between CalTrans and Torres -Martinez regarding right-of-way, and
there are some conditions that need Council approval. He stated that staff will
bring back a report during the 7:00 p.m. session.
Mr. Wohlmuth stated that the issue involves right-of-way on 26 acres, and the
settlement has 26 acres being provided to Torres -Martinez outside their area;
CVAG has considered the matter and wants out of the agreement allowing the
individual cities to protest or to decide on uses within their city. CVAG has
asked the Executive Board to allow them to be out of the agreement; the
Governor wants CVAG out of the agreement. He stated that staff will provide
information and a recommendation to the Council for the 7:00 p.m. session
which will deal with whether or not this Council wants CVAG out of this
agreement or not.
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Mayor Kelly stated that it was his understanding that Torres -Martinez wanted
CVAG to endorse the idea.
Mr. Wohlmuth answered that he believes the Governor is looking for no
protest, and wants CVAG out of the picture allowing the communities to decide
on land uses within their boundaries.
Mr. Diaz said he believes this issue can be clarified during the 7:00 p.m.
session.
Upon a motion by motion by Crites, second by Spiegel, and unanimous vote of the Council, Mayor
Kelly recessed the meeting at 5:40 p.m. for dinner and Closed Session. He reconvened the meeting at
7:02 p.m.
XIV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
Item B of New Business was held over to the 7:00 p.m. session of the Agenda. Please see
that item for discussion and action.
XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PROCLAMATION DECLARING THE MONTH OF OCTOBER AS "FIRE
PREVENTION MONTH" IN THE CITY OF PALM DESERT.
Mayor Kelly expressed his appreciation and admiration to the firemen who were present
for their dedication to their profession and the time and effort expended on their
educational programs especially during the month of October. On behalf of the City
Council, he presented them with the framed proclamation.
XVI. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL OF FILING A REPORT ON DEVELOPER IMPACT
FEES AS OF JUNE 30, 1997.
Ms. Flor presented the report to the Council.
Mayor Kelly asked how long it had been since these fees had been increased. He stated
that a couple of the fees had been added during his tenure on the Council; the Fringe -toed
Lizard and TUMF, but that he did not recall ever increasing the City fees (i.e. drainage
fees). He would appreciate receiving this information from Mr. Diaz.
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Ms. Flor responded that to her knowledge, in the reports that are shown for the periods
of fiscal years 1989-90 to 1996-97, the fees have not been increased.
Mr. Diaz stated he would research the matter and provide an answer to the Council.
Councilman Crites addressed Mayor Kelly and Mr. Drell with a question. He noted that
when looking through the Parks and Recreation Programs, that there is money in a fund
for the interactive fountain. It was his recollection that part of the equipment had been
acquired for this. He stated that perhaps this would also be an appropriate feature at the
Lowe project at Highway 111 and El Paseo or at the corner of Painters Path and El Paseo
as an entry kind of monument for El Paseo. He asked that Parks and Recreation consider
these suggestions.
Mr. Drell responded that part of the equipment has been offered, and it is being
considered as included in the Town Center expansion. He added they are endeavoring
to get the private sector involved for installation of the equipment.
Mayor Kelly stated that the topic was discussed at the last Parks and Recreation meeting.
He said that there once was the feeling on the Commission that $200,000.00 was a bit
exorbitant, that it should be sold to a private development. But he said that last time
there was new interest in the project and making a concerted effort to place it somewhere
such as the locations suggested by Councilman Crites.
Mayor Kelly declared the public hearing gpeg and invited testimony in FAVOR of or OPPOSED
to this request. No testimony was offered and Mayor Kelly declared the public hearing closed.
Councilman Crites moved to, by Minute Motion, receive and file the report. Motion was seconded
by Councilman Spiegel and carried by unanimous vote.
B. REQUEST FOR APPROVAL, OF AN AMENDMENT TO CHAPTER 25.66 OF THE
MUNICIPAL CODE RELATING TO HOME OCCUPATIONS (CASE NO. ZOA 97-5).
Mayor Kelly noted the report and staffs recommendation for this request.
Mayor Kelly declared the public hearing Qpgn and invited testimony in FAVOR of or OPPOSED
to this request.
With no testimony offered, Councilman Crites moved to, by Minute Motion, continue the public
hearing to the meeting of November 13, 1997, at 7:00 p.m. Motion was seconded by Spiegel and carried
by unanimous vote.
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XVII. ADJOURNMENT
Upon a motion by Councilman Spiegel, second by Snyder and unanimous vote of the Council, Mayor
Kelly adjourned the meeting to Closed Session at 8:00 p.m. with no action announced from Closed
Session.
ATTEST:
7 SHEILA R. GILL GAN, CIT LERK
CITY OF PALM DESERT, C LIFORNIA
RIOfIARD S. KELLY, MAYOR
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I AMMML11 t "A"
RETAIL VACANCY OVERVIEW
This is a report on the retail vacancy within the commercial core for Palm Desert. \O
It does not include any retail currently under construction or any vacant lots, only vacant
store fronts zoned for retail or retail/office.
We broke it down into sections for you as compared to the retail report you received in May
as commission by Lowe Enterprises.
Our survey was done by windshield, then reconfirming each empty space with the broker as
listed at the location. To our surprise many stores that are currently empty are now leased for
the season. For example every empty store front facing El Paseo with the exception of two or
three is now leased. •
So let me go through the areas and describe the variance in square footage now leased as
compared to Last spring.
Section A - Hivhwav 111 from Park View Drive to Monterey Avenue,
This area includes Waring Plaza, Desert Crossing One Eleven Town Center, Palm Desert
Town Center, Palms to Pines, Palms to Pines East and the connecting retail on Hwy. 111 for
a total of 2,398,000. Last spring the vacancy was listed at 201,000. It is now 149,349 sq. ft
reducing the vacancy from 8% to 6%.
Section B - Hiahwav 111 from Monterey Avenue to P0001a Avenuq
This area includes El Paseo Walk and the corresponding area north of Hwy. 111 for a total of
608,800 sq. ft. Last spring the Lowe's report listed the retail vacancy at 113,200. It is now
65,120 sq. ft, reducing the vacancy from 18% to 10%
Section C - Highway 111 from Portola Avenue to Cook Street
This area includes the businesses facing Hwy. 111 in Presidents' Plaza and the north side of
Hwy. 111 for a total of 416,200 sq. ft. Last spring the vacancy was listed at 13;00. It is now
at 6,740 sq. ft reducing the vacancy from 3% to 1%.
Section D - Fred Waring Drive and Monterey Avenue
This area includes the Town Center Plaza with a total of 81,168 sq. ft. Last spring the Lowe's
report listed no vacancy. Currently there is 7,790 sq. ft of vacancy increasing the vacancy rate
at this location by 9%.
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ection E - El Paseo
This area includes from Monterey to Cabrillo Avenue for a total of 609,000 sq. ft. Last spring
the vacancy report listed 37,000 sq. ft. The amount now is 25,177 sq. ft reducing the vacancy
from 6% to 4%.
Currently within the commercial core district for the city, there is 4,113,168 square feet of
space zoned for retail or retail/office space. Of that, 254,176 square feet is vacant, for a
vacancy rate of 6%. In the previous report presented last spring the vacancy rate was 9%, so
we see a reduction in vacancies through the past six months of 3%.
We see further evidence of this through the increase in new and renewed business licenses for
the year. The new business licenses have increasql by 18%, while renewals have increased by
13%.
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OCT-09-97 THU 03:55 PM HEHN00D ENERGY SERVICE
E, X B1T "B"
FAX NO. 916-569-0999
MEMORANDUM
To: Cove Communities SeryCe Comndniasial TAC
Prom: Kristen Kelley
Date: October 6,1997
Subject: Project Stains Report
As of October 7,1997, the nine ink customs interviews
vall have been The Owing vas a interviewed and 12 months of records convicted.
Center
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1200120 Mirage 18/21/97
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Papa 9/10.97
Indian wells 9/1097
Raaebo ate 9/11/97
Palm Dean 10/2/97
Indian wills 10/2197
Palm Dart 101797
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MINUTES OCTOBER 9, 1997
REGULAR PALM DESERT CITY COUNCIL MEETING
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OCT_09-97 THU 03:56 Ph HENHCOD ENERGY SERVICE FAX lip. 916-569-0999
Project ditto Report 10/09Y97
P. 03
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moms of customer data has been initiated. Upon ecaaplion of the final interview and
data input of mangy use information, analysis of the load data will begin.
The survey to collect energy use information from the ne idaatial and small , .... , . , w 1
sectors has been developed and is in the fatal approval gage. Ater approval, theenvoy
nvoy
foam will be graphically enhanced and printed. Tartct time frrmsea for conducting the
survey are as tbllows:
10/9 -10/15 Format and print survey
10/16 Mail survey
10/31 Survey completion (mail back) deadline
10/24 & 10/31 Collection of survey ;r
10/27 & 11/3 Transfer of completed surveys to 1113SI
11/24 -11/14 Cage surveys, data depart, computer and statistical analysis
11/14 -11/21 Fmalize report
y 45.000 surveys will be mailed to the of India' Walls, Palm
Desert. and Rancho Nana
We are in the process of obtaining the Southern Califainia'Ediann sgisted mmnicapal
load sod city data electronically. Mary Drury already talked with the appropriate people
last week and said Here wrould be no problem in obtaining the municipal data
, , ....11y in Excel format Tom Seibold should be providing it within s week. May
Drury will call back today regarding the status of obtaining nesadanisl.. ',1 and
induittrial data electronically. With rr.. e.u..e:.e ofwt. Was, look 2 will begin.
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This task will be initiated oomart ently with the raadamal and email L. , , , , ., w 1
customs. survey. On September 11, HF.SI , r w ,, , ,..1 in the impala' Irrigation District
M , ;onto the City of Rammo Mirage. Ifpropetly structured, ED's concepts for a
local WA to provide electrical services could benefit the Cove C . r . , . 's energy cost
reduction program. UD's structure will be amide red as options aid r, r . . , ; :es are
As as additional task per the project team's request, BEM participatedCustomer
is Assemblyman
Tim �'s panel discussion on Electrical Utility L r r r i r r r — Custo a Clarice
"Today, Transition, Tornotrovr co Friday, Saber 19,1997.
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