HomeMy WebLinkAbout1997-09-25MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, SEPTEMBER 25, 1997
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I. CALL TO ORDER
Mayor Kelly convened the meeting at 4:55 p.m.
H. ROLL CALL
Present:
Mayor Pro Tempore Jean M. Benson
Councilman Buford A. Crites
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 M. Wohlmuth, ACM/Director of Administrative Services
Carlos L. Ortega, RDA Executive Director
Phil Drell, Director of Community Development
Paul S. Gibson, Director of Finance/City Treasurer
Joseph S. Gaugush, Engineering Manager
John Nagus, Community Arts Manager
Jeff Winklepleck, Associate Planner
David Yrigoyen, Redevelopment Agency Manager
Rudy Acosta, Redevelopment Project Manager
Steve Bloomquist, Captain, Palm Desert Sheriff's Station
Rachelle D. Klassen, Records Technician
III. ORAL COMMUNICATIONS - A
None
IV. CONSENT CALENDAR
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 1997
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A. MINUTES of the Adjourned Joint Meeting of the Palm Desert City Council and Palm
Desert Redevelopment Agency of August 12, 1997, and the Regular City Council Meeting
of September 11, 1997.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 14, 15,
and 16.
Rec: Approve as presented.
C. CLAIM AGAINST THE CITY (J341) by Robert Husch in the amount of $750.00.
Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the
Claimant.
D. CLAIM AGAINST THE CITY (3441 by Brenda Osborne for Indemnity.
Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the
Claimant.
E. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids to Replace Seven Main
Entry Doors the Meet the City's ADA Transition Plan (Contract No. C13450).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the
subject project.
F. REQUEST FOR AWARD of Contract for the El Paseo Median Island Artwork Lighting
Improvements (Contract No. C13170, Project No. 631-97).
Rec: By Minute Motion, award Contract No. C13170 to the lowest responsible bidder, for
the subject project.
G. REQUEST FOR AWARD of Contract for the Construction of the Civic Center Dog Park.
Rec: By Minute Motion: 1) Appropriate an additional $23,195.00 from unobligated Parks
and Recreation funds (Account No. 430-4674-454-4001; 2) award Contract No.
C13220) to V&M Construction Company in the amount of $107,450.00 for the
construction of the Civic Center Dog Park (Project No. 681-97), and authorize a ten
percent contingency of $10,745.00. Funds are available in Parks and Recreation
Account No. 430-4674-454-4001; and 3) authorize the Mayor to enter into an
agreement with V&M Construction Company.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 1997
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H. REQUEST FOR APPROVAL of the Community Development Block Grant Supplemental
Agreement for FY 1997/98.
Rec: By Minute Motion, approve the Supplemental Agreement for Fiscal Year 1997-98
Community Development Block Grant funds.
I. REQUEST FOR APPROVAL of Final Tract Map 27520-3.
Rec: Waive further reading and adopt Resolution No. 97-79 approving Tract 27520-3.
J. REQUEST FOR APPROVAL of Final Tract Map 25102-1.
Rec: Waive further reading and adopt Resolution No. 97-80 approving Tract Map
25102-1.
K. REQUEST FOR APPROVAL of Final Tract Map 24773.
Rec: Waive further reading and adopt Resolution No. 97-81 approving Tract Map 24773.
L. REQUEST FOR APPROVAL of Final Parcel Map 28608.
Rec: Waive further reading and adopt Resolution No. 97-82 approving Parcel Map 28608.
M. REQUEST FOR APPROVAL of Interior Design Services for the Business Support Center
and Community Services Lobby Remodel.
Rec: By Minute Motion: 1) Approve Contract No. C13430 with Leigh Ann Vuksic,
ASID, in the amount of $3,800.00 for interior design services and bid package
preparation; 2) authorize the Director of Finance to appropriate $3,800.00 plus a
10% contingency of $380.00 ($4,180.00 total) from unallocated Construction Tax
Funds; 3) upon completion of the bid package, authorize staff to go out to bid and
report back to the Council with recommendations for the lowest responsible bidder.
N. REQUEST FOR APPROVAL of Interior Design Services for Conference Room Remodel
at 73-710 Fred Waring Drive.
Rec: By Minute Motion: 1) Approve Contract No. C13440 with Leigh Ann Vuksic,
ASID, in the amount of $6,000.00 for interior design services and bid package
preparation; 2) authorize the Director of Finance to appropriate $6,000.00 plus a
10% contingency of $600.00 ($6,600.00 total) from unallocated Construction Tax
Funds; and 3) upon completion of the bid package, authorize staff to go out to bid
and report back to the Council with recommendations for the lowest responsible
bidder.
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O. REQUEST FOR APPROVAL to Create Art Maintenance Reserve Policy.
Rec: By Minute Motion, approve the AIPP and Civic Art Committee recommendations
below which outline the creation of a self supporting public art maintenance reserve
policy.
P. REOUEST FOR APPROVAL to File Notice of Completion of Allan Root Artwork Fence
(Contract No. C11490).
Rec: By Minute Motion, accept completion of the Allan Root sculpture fence sited at the
Desert Willow Golf Resort and authorize the City Clerk to file a Notice of
Completion for the subject project.
Q. REQUEST FOR APPROVAL of ACT GIS to Provide Professional Services on Geographic
Information Services Project.
R.
Rec: By Minute Motion, approve $100,000 to be used from Data Processing account 110-
4190-415-3091 for hiring A.C.T. GIS consultants to continue to assist City personnel
in development of the City's Geographic Information System (GIS) computer.
REQUEST FOR APPRO : . of Xerox Copier Lease Purchase Conversion.
Rec: By Minute Motion, authorize purchasing office to execute an agreement with Xerox
which will convert the two 5328 copier lease purchases, replacing the 5328 copiers
with a new 5830 copy machine.
S. REQUEST FOR REJECTION OF ALL BIDS for the Construction of the Palm Desert
Soccer Park (Contract No. C13140, Project No. 686-96).
This item was removed for separate discussion under Section V, Consent Items Held Over.
Please see that section of the Minutes for Council discussion and action.
T. REQUEST FOR AUTHORIZATION of California Wildlife Protection Act Grant
Application for C.C. Myers Acquisition.
Rec: By Minute Motion, authorize the Mayor to sign grant application.
U. REQUEST FOR AUTHORIZATION of Notice of Completion of Drywell Installations on
El Paseo for (Contract No. C11830, Project 500-97A).
Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion for the
Subject Project.
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V. REQUEST FOR AUTHORIZATION of Contract to Prepare Environmental Impact Report
for Cal State Campus, Terra Nova Planning and Research, Inc.
This item was removed for separate discussion under Section V, Consent Items Held Over.
Please see that section of the Minutes for Council discussion and action.
W. REPORT from the Promotion Committee Relative to the Dance Festival Approved by the
City Council At Its Meeting of September 11, 1997.
Rec: Receive and file.
X. REQUEST FOR APPROVAL of Recommendation from the Promotion Committee to
Change Summer Concerts to Friday Evenings for the 1998 Series.
This item was removed for separate discussion under Section V, Consent Items Held Over.
Please see that section of the Minutes for Council discussion and action.
Y. REQUEST FOR APPROPRIATION of $35,760 from Presidents Plaza Realignment Budget
for Vault Relocation.
Rec: By Minute Motion, appropriate $35,760 from Presidents Plaza realignment budget
— for vault relocation.
Councilman Spiegel asked that Items V and X be removed for separate discussion under Section
V, Consent Items Held Over. Councilman Crites asked also that Item S be removed for separate
discussion.
Upon motion by Spiegel, second by Crites, the remainder of the Consent Calendar was approved
as presented by unanimous vote of the Council.
V. CONSENT ITEMS HELD OVER
S. REQUEST FOR REJECTION OF ALL BIDS for the Construction of the Palm Desert
Soccer Park (Contract No. C13140, Project No. 686-96).
Mr. Winklepleck addressed the Council regarding the recommendation that all bids be
rejected for this project due to the fact that all bids came in approximately 10 percent higher
than the engineer's estimate, and there were a low number bidders-- only four bids
responded out of 23 or 24 packages which went out.
Mayor Kelly asked if there were any local bidders.
Mr. Winklepleck responded that none were local. He stated that staff's recommendation
is to wait for a couple of issues which could affect this project: 1) Prevailing Wage/Charter
City issue may lower the cost; 2) Timing of the project-- he stated that if construction was
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 1997
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scheduled for the spring, there could be an approximate savings of $75,000 by utilizing
stolins as opposed to sod; 3) Contractor Scheduling-- some of the local contractors will be
opening up and may be able to do the job later on. He added that delaying the project will
not put the City back any time; it was the objective to have the park open by September
1998, and with a six-month construction period, it can still be accomplished.
Mayor Kelly asked if the Parks and Recreation Commission also recommended this course
of action.
Mr. Winklepleck responded affirmatively.
Councilman Crites moved to, by Minute Motion: 1) Approve staffs recommendation to reject all
bids for the construction of the Palm Desert Soccer Park (Contract No. C13140) (Project No. 686-96);
2) Direct staff to re -advertise and solicit bids, at the appropriate time, for construction of the Palm Desert
Soccer Park. Motion was seconded by Spiegel and carried by unanimous vote.
V. REQUEST FOR AUTHORIZATION of Contract to Prepare Environmental Impact Report
for Cal State Campus, Terra Nova Planning and Research, Inc.
Councilman Spiegel asked if besides giving the land to the campus, now the City was also
paying for the EIR (Environmental Impact Report)? He further asked what else might be
expected of the City in order to get this project under way.
Mr. Diaz stated that yes, this contract obligated the City to pay for the EIR, and that he
anticipated there may be some additional related costs forthcoming, but we are not aware
of them currently.
Councilman Spiegel moved to, by Minute Motion, authorize the Mayor to execute a contract with
Terra Nova Planning and Research, Inc., for preparation of an Environmental Impact Report on the Cal
State Campus and approve $46,065.00 from unobligated general fund reserves. Motion was seconded by
Crites and carried by unanimous vote.
X. REQUEST FOR APPROVAL of Recommendation from the Promotion Committee to
Change Summer Concerts to Friday Evenings for the 1998 Series.
Councilman Spiegel noted that the recommendation stated the approval would be contingent
upon the approval of the Civic Arts Committee, and he felt this important since it is their
project for the City. He stated that one of the things which was taken into consideration
when Thursday night was established, as Chairman of the Civic Arts Committee at that
time, was an effort not to compete, to any great degree, with local businesses. He further
stated that the Committee, at that time, felt Friday night might be taking people away from
doing other things in the City; whereas, Thursday night had not been considered a "going
out" kind of night, the concerts would be over early enough for those who work to be home
at a reasonable time. He said this is the reason the Committee picked Thursday, but if
public opinion warranted changing to Friday, he would be willing to approve a change.
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Mayor Pro Tempore Benson stated that at the committee level when it was discussed, there
was no compelling reason for Thursday brought out, just that they wouldn't occur on City
Council meeting nights. But that the committee discussion led to the conclusion that it might
be more of a community event if Friday night was tried for one summer, it wouldn't be a
permanent change, it certainly could go back.
Councilman Crites asked whether or not the Civic Arts Committee has acted upon the
recommendation.
Both Councilman Spiegel and Mayor Pro Tempore Benson answered no.
Councilman Crites asked, and Mayor Kelly agreed, if there was a reason to act prior to the
Civic Arts Committee making a recommendation.
Mrs. Gilligan responded that the need for a decision was based upon the deadline for
printing the 1998 Community Calendar.
Councilman Crites stated that he would prefer to vote on this matter once the Civic Arts
Committee has met and forwarded their recommendation to the Council so that he can make
a better decision.
Mayor Kelly added that it is the Civic Arts Committee who is responsible and does the work
for the concerts.
Mayor Pro Tempore Benson asked when the next Civic Arts Committee meeting would be
held.
Mrs. Gilligan responded that it would be held Monday, October 13; therefore, the Council
would need to continue the matter to the second meeting in October.
Councilman Spiegel asked how much of a problem this would be.
Mrs. Gilligan replied that she felt the calendar contractor would be understanding of the
matter and could place these dates in last.
Councilman Spiegel moved to continue the matter to the regular City Council meeting of October
23, 1997, after the Civic Arts Committee has met and made their recommendation. Motion was seconded
by Benson and carried by unanimous vote.
VI. RESOLUTIONS
None
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 1997
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VII. ORDINANCES
For Introduction:
None
For Adoption:
None
VIII. NEW BUSINESS
A. REQUEST FOR APPROVAL OF AIPP AND CIVIC ARTS RECOMMENDATION FOR
EL PASEO EXHIBITION ARTWORK PURCHASE.
Mr. Nagus addressed the Council and noted the information contained within the Agenda
packet. He further described the piece currently located on El Paseo across from
Spectacular Shades, the kinetic piece entitled, "Perpetual Motion" by Bruce Stillman. He
stated that it was a metallic piece with circles and three arms that sway back and forth. He
apologized that he had not included a photo in the report.
Councilman Spiegel asked Mr. Nagus if the sculpture would be moved to Civic Center Park.
Mr. Nagus responded that this was the plan; there is an empty sculpture pad there.
Councilman Snyder asked whether the AIPP felt it to be the best choice.
Mr. Nagus replied that first the El Paseo Exhibition Subcommittee felt that it was a piece
which would add cachet to the exhibition; to secure loans, it can be easier if it is made
known that the City is very committed to the program by purchasing. It was also an
excellent way to increase the City's collection fairly inexpensively. He added that the
Exhibition Subcommittee took their recommendation to AIPP, who then endorsed it, then
it went to Civic Arts, who also endorsed it.
Councilman Spiegel stated that he and Councilman Crites like the giraffe piece.
Councilman Crites moved to, by Minute Motion, approve AIPP and Civic Arts recommendation
to purchase "Perpetual Motion", a sculpture by Bruce Stillman from the 1996/97 El Paseo Exhibition,
in the amount of $29,000 from A Gallery Fine Arts and further directed staff to obtain the price of the
giraffe piece. Motion was seconded by Spiegel and carried by unanimous vote.
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B. INFORMATIONAL ITEMS:
1. Update on Interchanges:
a. I-10/Washington Street
b. I-10/Monterey Avenue
Mr. Folkers updated the Council on the progress of these interchanges stating that
the contractors are proceeding with building of ramps continuing and demolition of
the railroad structures to be done in the next week at these sites.
2. Progress Report on Retail Center Vacancies
Mr. Drell reported that he will be bringing to next Council Meeting an expansive
report as a result of what comes from the ICSC Conference. He added that he also
had some things to report during Closed Session relative to potential litigation.
Mayor Kelly asked about an advertisement he had heard on television today
regarding Legacy Home Furnishings and the move of their warehouse to a Cathedral
City location. He asked Mr. Drell if he was aware of this, and if not, to inquire
about this move if, in fact, it was only for the warehouse and not their storefront in
Palm Desert.
Mr. Drell responded that, to his knowledge, it was only the warehouse which was
being moved, not the store, and that he would obtain details of the matter.
IX. CONTINUED BUSINESS
A. REQUEST FOR APPROVAL OF OUTSIDE AGENCY FUNDING FOR FISCAL YEAR
1997/98 FOR CHAMBER OF COMMERCE (Continued from the Meeting of September
11, 1997).
Mr. Erwin stated that following his request for a continuance from the last City Council
meeting he is now satisfied with the agreement and recommends its approval.
Councilman Crites asked of Mrs. Gilligan if the nomenclature for this type of item had been
changed from "Charitable Contribution Funding", as agendized, to "Outside Agency
Funding".
Mrs. Gilligan responded affirmatively, and so noted the change for the record.
Councilman Crites moved, by Minute Motion, approve the Outside Agency funding in accordance
with the 1997/98 budget and authorize the Mayor to execute an agreement between the City and the Palm
Desert Chamber of Commerce in the amount of $128,500.00. Motion was seconded by Spiegel and
carried by a unanimous vote.
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X. OLD BUSINESS
A. REQUEST FOR CONSIDERATION OF DE ANZA WAY NEIGHBORHOOD TRAFFIC
MANAGEMENT PLAN.
Mr. Diaz stated that Mr. Folkers was available to answer Council's questions.
Councilman Spiegel moved to, by Minute Motion, authorize staff to send a certified mailing
followed by personal contacts to those residents not returning a response. Motion was seconded by Crites
and carried by unanimous vote.
XI. REPORTS AND REMARKS
A. CITY MANAGER
None
B. CITY ATTORNEY
Mr. Erwin noted the items on the Agenda for Closed Session and asked that the Council add
the following to item to the Closed Session portion of the Agenda since it had presented
itself following posting:
Conference with Real Property Negotiator pursuant to Government Code Section 54956.8:
Property:
Negotiating Parties:
Agency: Philip Drell, Director of Community Development
Property Owner: C. C. Myers
Under negotiation: g Price .g Terms of Payment
Councilman Crites moved to add this item to the Agenda for discussion in Closed Session. Motion
was seconded by Spiegel and carried by unanimous vote.
1) Report and Action on Items from Closed Session Made at This Meeting.
2) Request 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
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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:
3) Conference with Real Property Negotiator pursuant to Government Code Section
54956.8:
Property: 44-890 San Benito Circle
Negotiating Parties:
Agency: Philip Drell, Director of Community Development
Property Owner: Robert Del Gagnon
Under Negotiation: X Price X Terms of Payment
C. CITY CLERK
None
D. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
None
o City Council Committee Reports:
1. Councilman Crites asked Mayor Kelly to report on the recent Imperial
Irrigation District (IID) Board of Directors Meeting which the Mayor attended
on the City's behalf, and he felt the Mayor had made some excellent comments
to the Board.
Mayor Kelly reported that the City was invited to the IID Board Meeting where
a presentation was made (it was also made at the Cove Communities
Commission). He stated that they have an advisory committee which put
together proposals for new methods of managing the electrical service portion
of IID where one representative from each of the three larger cities served
completely by IID, one representative from the Cove Communities and at -large
representatives for the smaller areas would report to the Board. He said that his
response, on behalf of the City of Palm Desert, was that yes, we are interested,
and that also the Cove Commission was interested in exploring these
possibilities to find the best possible method of providing service to our
residents. He went on to say that it is very innovative, and if they chose to go
ahead, we would more or less, especially the cities down below, would control
their electrical services, and that it would give the cities up here maybe some
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 1997
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innovative ways to participate in the electrical supply. Further, he said, it
seemed they are receptive to hearing what the cities have to say.
Councilman Crites added that if a signal of interest is given from their board,
and he felt they already had done so, but if it becomes stronger, it will be
incumbent upon us to start taking a real hard look at why the board has this
interest in democratic governance, and what other issues are underlying that are
not being publicly discussed. He asked that if the Mayor has no objection, that
to be placed on future City Council Meeting Agendas, either every meeting or
every other meeting, an update on the status with the consultant the Cove
Commission has hired for electricity deregulation. He added that January 1st
is coming fast upon us, and that we need to make sure that we are pushing on
these issues to stay on top of the matter. He concluded by saying that he would,
with Patricia "Corky" Larson of CVAG, be meeting with some representatives
on related issues in the next week.
Mayor Kelly agreed, and with Council concurrence, asked that the Henwood
Energy Services/Cove Communities consultant report be added as an
Informational Item for every meeting to follow.
Mr. Diaz said this would be done.
XII. ORAL COMMUNICATIONS - B
None
Upon motion by Spiegel, second by Crites, and unanimous vote of the Council, Mayor Kelly
recessed the meeting at 5:17 p.m. for dinner and Closed Session. He reconvened the meeting at 7:00 p.m.
XIII. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
None
XIV. ORAL COMMUNICATIONS - C
None
XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS
None
XVI. PUBLIC HEARINGS
With Council concurrence, Mayor Kelly suspended the remainder of the Agenda at this time in order
to consider Public Hearings B and C. See those sections of the Minutes for discussion and action.
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A. REQUEST FOR APPROVAL OF A GENERAL PLAN AMENDMENT FROM OFFICE
PROFESSIONAL TO DISTRICT COMMERCIAL, A CHANGE OF ZONE FROM OFFICE
PROFESSIONAL (O.P.) TO DISTRICT COMMERCIAL (PC2), PRECISE PLAN OF
DESIGN FOR A 125,000 SQUARE FOOT RETAIL COMMERCIAL CENTER,
AMENDMENT OT THE EXISTING DEVELOPMENT AGREEMENT AND NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT AS IT PERTAINS THERETO FOR AN
11.95 ACRE SITE AT THE SOUTHWEST CORNER OF EL PASEO AND HIGHWAY 111,
Case Nos. GPA 97-3. C/Z 97-9. PP 97-9 (Lowe Enterprises Commercial Group, Inc.,
Applicant).
The following is a verbatim transcript of this public hearing:
KU:
RSK Richard S. Kelly, Mayor/Chairman
RAD Ramon A. Diaz, City Manager
DJE David J. Erwin, City Attorney
PD Phil Drell, Director of Community Development
BAC Buford Crites, Councilman/Agency Board Member
RAS Bob Spiegel, Councilman/Agency Board Member
CLO Carlos L. Ortega, Redevelopment Agency Executive Director
DY David Yrigoyen, Redevelopment Agency Manager
TL Ted Lennon
DSL David Smith
BL Bob Leo
BR Bill Reed
SB Stuart Bailey
DS Dean Schuman
WHS Walter H. Snyder, Councilman/Agency Board Member
VW F.L. Van Winkle
JH Jack Hoover
SH Sandy Hoech
AD Andre Dubbs
RL Robert Luzie
DST Don Stage
ML C.J. McLucas
JG John Henry Garcia
MH Mary Beth Hunt
SRG Sheila R. Gilligan, City Clerk/Redevelopment Agency Secretary
LL Larry Lyle
CR Chonie Renard (sp?)
RM Robert Miracle (sp?)
LS Leo Sullivan
JMB Jean M. Benson, Mayor Pro TemporeNice Chairman
AU Audience
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RSK
That takes us back then to request for approval of a general plan amendment from
office professional to district commercial, a change of zone from office professional
to district commercial, precise plan is designed for 125,000 square foot retail
commercial center, amendment to the existing development agreement and negative
declaration environmental impact as it pertains there to an 11.95 acre site at the
southwest corner of El Paseo and Highway 111. And would it be proper to also deal
with item 14, the public hearing with the Redevelopment Agency that deals with the
bridge agreement?
RAD Yes.
RSK So...
DJE It may be a joint hearing.
RSK So I will also announce the public hearing, the request for approval of ACD2
Deposition, Development and Implementation Agreement; DDIA amendment. With
that, we'll take the staff report.
RAD Mr. Drell.
PD I will let the applicant to the more descriptive discussion of the project itself, I'll just
deal with the issues regarding the development agreement and the precise plan.
Again, there's a development agreement on this property resulting from the master
development agreement of all the Ahmanson sites. On this site was originally in that
process designated 80,000 square feet of office and 20,000 square feet of retail or
restaurant. This change would convert that to 125,000 square feet of district
commercial, which is a neighborhood shopping center. As, under the, this revised
development agreement, the anchor tenant would be a gourmet food store or
equivalent quality tenant as approved by the City. Development Agreement includes
a, what we call a, the anti -rating provision, which we included in the Madison
Marquette agreement which discourages the taking of existing tenants in the City for
no other reason than from move from one center to another. The three, project
contains three pad buildings which are potentially restaurants, and the development
agreement requires that they be sit-down type restaurants or as approved by the City.
We'd also be amending the, there's a, a fee section within the agreement, we'd be
amending that to reflect the 125,000 square feet of, of, of neighborhood shopping
center.
Again, although the precise plan as shown includes 121,000 square feet, the approval
would allow for a potential total of 125,000 square feet. The plan, as shown, also
has some deficient setbacks shown for the buildings, pad buildings on Highway 111,
and the applicant, my understanding, has agreed to make them conform with code.
There's a requirement for a onsite Sunline Trolley stop, which is really yet to be
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designed in the project but by which our Shopper Hopper could actually enter the
site, something near the buildings, get people on and off and proceed across a bridge
to Desert Crossing without having to, then serve Desert Crossing, without having to
enter back on Highway 111. Architecture of the project has received preliminary
approval from the Architectural Commission, although height requires the exceptions
process before the City. One of the, the, the, building on the, along the channel will
have a height of 37 feet, and there are towers in the center as high as 55 feet. The
height limit in the zone is, I believe is 30 feet. Again, exceptions have been granted
in the past. To give you an example, the height at the Palm Desert Town Center is
44 feet, the Desert Crossing towers are 36, 38 and 40 feet. The Desert Springs
Marketplace, the Ralph's Center, has towers of 38 and 42 feet, and the Embassy
Suites clock tower, to give you an example, is 55 foot high tower. So, and
approximately a 35 foot high building. There is one exception to setbacks which
staff is recommending and that is for the buildings set back on Painters Path; that is
the building a and this portion of (inaudible) one, required setback on a, on a
residential collector is 25 feet and typically with a parkway of 12 feet, we have 37
feet of total setback from curb. Because of the extra wide parkway we will have,
even though there is only a 12 foot setback from property line, there will be a 42
foot setback from curb, and at 42 feet we have plans on the back show a, the curb
line, the berm walls, and the landscaping which will be in that setback, in that 42
foot setback area which staff feels accomplishes all the goals we would get, again,
it is, the setback is in excess of the 37 foot typically required, and the applicant will
talk about in essence the screening and, which will be accomplished with the
landscaping.
As part of our review, there was an EIR prepared on the original project. And as
part of our review, we reassessed the mitigation measures and some of the, some of
the analysis in that EIR and that included a noise study and a traffic study looking
at both changes that we have observed since 1991 when an EIR was done and
changes occurring as a result of the project changing from 100 square, from the
100,000 square feet to the 125,000 square feet of commercial. As a result, the
traffic study indicates that the intersections will remain level service C with some
mitigation. Those mitigations will include the widening of Highway 111 to provide
for a separate east bound right turn lane on 111 to El Paseo, east bound Highway
111 dual left turn lanes to northbound Town Center and westbound 111 dual left turn
lanes to southbound El Paseo.
And lastly, the installation of a traffic signal at El Paseo and Painters Path
coordinated with the Highway 111 traffic signal. Also the noise study based on the,
the worst case scenario of, of maximum operation within the center at, at the peak
hour and the recommended miti, mitigation measures include the construction of, as
you see there, a, the berm and the wall prohibitioned against 18-wheel trucks coming
around, coming around this side of the building so all these deliveries will have to
be (inaudible), all the deliveries have to come from 111 in this direction and not be
allowed to come around and impact the southern, its private property and also
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controls on the siting of, of mechanical equipment to also mitigate potential sounds
of air conditioning. Again, based on the design of the project, the mitigation
measures required, the effort by the applicant to reorient the site plan to address
articulated concerns by the residents of Sandpiper, the Planning Commission voted
5-0 to recommend approval of the project. And any questions, staff is available to
answer.
RSK Any questions of staff?
BAC I have just one before the public hearing. Can you give me a history of the property
zoning, as well as the square footage allowance from incorporation of the City `til
now?
PD Okay.
BAC This is something I asked for several weeks ago and staff said they would have
tonight.
PD In terms of square footage it is difficult in that the zoning prior, zoning in the City,
from incorporation on, was residential. PR-6, so it was, which is a medium density
residential.
BAC `Til when?
PD `Til 19, `til this, in essence, this action that was amended in 1989, 1990.
BAC So it was PR-6 until, let's say 1990?
PD 1990. Correct.
BAC And in 1990 it became OP?
PD This modified OP to allow it.
BAC Mixed.
PD 20,000 square feet of commercial, restaurant, and 80,000 square feet of office.
BAC Okay. So it has never had commercial zoning?
PD It has never had, other than the 20,000 square feet of retail, its never had general
retail zoning, correct.
BAC Okay.
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RAS Is there any other property on 111 that is not zoned commercial?
PD No.
RAS In our city?
PD It's either zoned general commercial or regional commercial, or just PC-3 or PC-2
zoned, which is district commercial. I take that back. There is one property right
at the east end of the City, east of Embassy Suites which is zoned office professional.
RAS Which piece of property is it?
PD I believe it's nine acres. It goes kind of back all the way, skinny piece all the way
to...
RAS It goes right.
PD Yeah.
RAS There's not much frontage on 111.
— PD No, there's a couple of hundred feet, two or three hundred feet.
RSK Any other questions? If not, I, oh, do you want to do the staff report on the bridge.
CLO Yes sir. And Dave is here to give you the recommended changes for the
Development Disposition Agreement.
DY Mr. Chairman, members of the Agency Board, it is the requirement that the
Disposition Development Implementation Agreement be consistent with the
development agreement and essentially that is the intent of this process tonight with
regards to the changes to the DDIA. One change that is not discussed in the
development agreement that is an aspect of the disposition development
implementation agreement is the expense of the development to the Agency, and
essentially, that's what you have in your packet today. The report, pursuant to
redevelopment law, that requires that we identify the cost of this development to the
Agency. Essentially the prior cost of this development to the Agency is the
requirement that the Agency pay for the bridge upon request by the City or the
Agency, but the bridge be developed. That was capped at a $400,000 cost. The
report basically outlines that with this amendment that same cost is a requirement.
However, the terms and provisions that the Agency staff is recommending with
regards to that same cost is that the requirement to pay for the development of the
bridge is through tax increment that's generated by the development of the project
over a period of time and that any, the, the, development be required to pay back
whatever is been generated or paid to the development through that tax increment
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upon the sale of the development to another developer, or at a period of time that the
expiration term of this agreement, which is 20 007, that an appraisal be
accomplished to determine the value of the project and upon certain, certain elements
taldng place, basically a ratio of the appraisal and the generation of profits based on
that appraisal, that it would identify an aspect of a sale which would allow for profits
to be identified and that a certain portion, which is 50% at this recommended,
recommended stage that the Agency would pay, would be paid back upon to 50% of
identified profits. Essentially that is the elements that we are talking about tonight.
The staffs recommendation and all other elements are consistent with the
development agreement. If you have any questions.
RSK Any questions?
RAS How long would you anticipate it would take for the City to regain the $400,000?
DY It's, it's, the $400,000. Well it would be dependent upon the sale of the development
and a, that could happen, as Desert Crossing did, within a year and a half of the
development.
RAS And then you would get the whole $400,000?
DY Well it would be based on a formula that would require that excess proceeds would
be generated and our recommendation is that up to 50% of those excess proceeds be
utilized to pay back whatever the Agency expended.
RSK Councilman Crites?
BAC Taking this project away for a moment. Remind me if I'm correct or not. When the
original agreement was made for all the Ahmanson properties, the Agency
committed itself to building this bridge, not necessarily within this project, right?
DY Not, not within this project, no.
BAC Okay. Originally one of the ideas was to build it at the end of Painters Path, right?
CLO Where?
BAC Where is now, in essence, dead ends against the wash.
DY That was, that was certainly an alternative.
BAC And the idea was to make sure that there was pedestrian, and at least pedestrian golf
cart access from one side of the Palm Valley Channel to the other.
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DY That's correct.
BAC So, if this project does not happen, we may choose to build, the City may choose to
have the same bridge built but at that location.
DY That's at the City's discretion.
BAC That's it. Okay. So we still, that option is there whether this happens or not. If it
does happen we could choose to have the bridge within this project or we could
choose to not have the bridge within this project. Is that right?
DY Again, that's at the City's discretion.
BAC Okay. So there's no necessary connection between the two.
DY Well, the, the developer has identified.
BAC I...
DY And pursuant to a traffic report.
— BAC Right, I, that's all separate. I mean, there is no necessary connection.
DY No.
BAC Okay, that's all I wanted to know. Thank you.
RSK Any other questions? Then I'll open the public hearing for both items from the
agenda, both the City Council and the Redevelopment Agency and ask, well, let's
see the developer would, I'm going to ask you to make your presentation first.
TL
Thank you Mr. Mayor. Council. My name is Ted Lennon. I reside at 72-058
Clancy Lane in Rancho Mirage. I am a Principle with Lowe Enterprises, the
commercial group is responsible for developing this property for the Ahmanson
Companies. As you know, we have been affiliated with the Ahmanson Companies
the last three or four years. I am here with associate David Smith, the project
manager, who will help make the presentation and Mark Shaffer, one, Mark Shaffer,
one of the other partners in the company. As most of you know, our company has
been here and been involved in the, in Palm Desert since 1972. We took over the
Shadow Mountain Resort & Racquet Club, I've been here since 1974 and so we're,
we consider ourselves local, local developers. We think that's important. This
project has been talked about for a long time and there have been many efforts to
develop the property. All of them have, have failed to date. Most of those, those
efforts were not by, by our firm but by other entities, as you know. Its had a long
history of, of approaches to different developments. What I'd like to do is, David
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DSL
is going to present the project as it currently is after all our adjustments and listening
to people and making adjustments. But he'll show you the project as it is and then
I'd like to step back in and see if we can summarize what the major issues are and
then I'll address those issues. David.
Thank you. I am David Smith, and I have been working with Ted for well over the
past year in development of the project which we are presenting to you tonight. I
would like to start by reporting to the City that I have just come from the
International Council of Shopping Centers Western Regional meeting, which is held
each fall in Palm Desert at the Marriott, and I really sensed a buzz in the air this
year, more than in years past, and I think it relates to a lot of things. First, there's,
there's money that has come back in for the development of shopping centers.
Secondly, on a national level the retailers themselves have finally found their feet
and seem to be making money. Their stocks are, are up over the past 12 months,
and they're, they're really getting back into an expansion mode. Third, here in the
Valley, and in Southern California in general, the economy is really coming back.
We are seeing that in retailer sales, we've seen that here in the Valley, we're seeing
that in home sales and in home starts, we're seeing that in the job market and in
unemployment and the benefit of this is really going to become apparent here in the
Valley where really we've, we've, despite the success of Palm Desert, its been sort
of a long cold winter. That said, I have, have received a lot of interest from tenants
in the Valley in general and Palm Desert in particular in our project, and if I've been
confident before in our ability to pull off a really successful project for the City of
Palm Desert, I'm more confident than ever. And if we get the opportunity, we
really can't wait to get cracking. I'd like to start out by talking about the project
which we've designed, and I think I'll do so by reiterating what was mentioned
before about how the project fits into the, the commercial district.
As you can see, the project is at the corner of El Paseo and Highway 111 in the
heart of the commercial district, catty corner from the mall next to Desert Crossing
surrounded on all sides by several million square feet of retail, but for this one
frontage and, and that's the rub. And that's what Ted and I have, have attempted
to overcome over the past 12 months in, in designing this thing. (inaudible) How's
that? I think I need to have my eyes checked, that looked good. The Sandpiper
community, which I'd like to acknowledge the residents who are here tonight, is
looted along the length of El Paseo and along the Painters Path frontage, which is
across from us. I'll follow this by maybe, maybe debunking a label that's been stuck
on this project, is the next phase of, of Desert Crossing. This project, this is still not
right, here we go, this project is not the next phase of Desert Crossing. From any
measure, it is completely, something completely new and different. Desert Crossing
is a 52 acre project. We are just under 12 acres, at 11.96. Desert Crossing has
nearly 2,700 parking spaces. We have in this plan only 610. Desert Crossing, the
largest anchor, is over 125,000 square feet. There will be nothing in our project
over 30,000 square feet. Desert Crossing is primarily populated by discounters.
Our project will, will have more of an upscale appeal. Desert Crossing is a
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Moroccan architectural theme. We're going with something a little more old world.
In summary, people have tried to, people have asked me what are you doing with the
next phase of Desert Crossing. My, my response has been, this is not another Desert
Crossing. We're, we want to do something absolutely different, and I think it's
some, I think we have come up with something different to add to the mix in Palm
Desert. We have benchmarked ourselves against some of the better projects that
have been developed in Southern California, in Arizona, and even other parts of the
country just in the, in the sense of its pedestrian appeal, in the sense of having some
architectural integrity in a theme. You'll notice up here a project that was done in
Westlake Village called The Promenade, in the center is the borgada, which we've
picked up on some of the architectural themes. And we have, we acknowledge these
projects because, not only are, are, are we targeting all the good things that they've
accomplished, but we would like to outdo many of them. And certainly the, the
things that have been done at other centers in the desert. I will turn to the site plan
itself and just talk about some of the features. Starting off the site itself, we, we are
doing several things that, that are of, of benefit to the general public. First of all,
we're going to be installing both east and west at Highway 111 dual left hand turn
lanes so that there are two lanes that they can turn onto Town Center Drive or onto
El Paseo. We will be installing the bridge to enable traffic to pass back and forth
between Desert Crossing and the project without having to go out onto El Paseo.
We are installing a traffic signal that is coordinated with El Paseo and 111 at the
intersection of Painters Path and El Paseo. The idea here is, is to do two things.
First of all, we want to give people trying to take a left out of Painters Path or out
of the center across the street a fair chance and secondly we want to make it, we
want to give the pedestrian a fair chance to get across that. Right now its
uncontrolled and, and as we've all witnessed, traffic comes off of Highway 111 and
just accelerates up El Paseo toward the next stop sign. Along Painters Path, we're
going to narrow this and we're going to turn it from, from what is a 50 foot gage,
almost a highway gage street into more of a residential lane. We're going to take
the, the space that is created and dewidening the street and we're going to create a
parkway. We're going to landscape it and build a berm and a wall. Not only to
block out the view of our project but also just to create a, a nice residential
atmosphere. Along the CVWD storm channel we're going to build a cart path. This
cart path will, will allow pedestrian, golf cart, bicycle access from the end of
Painters Path down to Highway 111, even across to Desert Crossing. This will
complete the network of sidewalks and cart paths that are one of the, one of the nice
benefits to people here in Palm Desert. In terms of, of how the project works itself,
you can see that we've aligned the major tenants against the storm channel. This was
done expressly for the purpose of, of getting what is perceived to be larger, noisier,
more offensive uses away from the residential area and backing it up against the
storm channel. The loading docks, as you can see, are screened and, and do not face
any residential areas. And although visibility has been limited somewhat, it, it
creates a nice courtyard effect and, and I think it will be well received by the
shopper. In order to mitigate the, the problems associated with trucks, loading,
we've created a secondary entrance off, off of Highway 111. This entrance has been
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designed such that a truck can pull around and back into their space without having
to go around the center and hopefully we can get this traffic in and out of, of this
particular driveway. The main entrance is, is also on Highway 111 and we intend
to create a promenade there. The, the landscaping will, will be more lush than what
was done at Desert Crossing. It will be more lush than what has been done at any
center in Palm Desert to date, that I know of, and the whole idea is to create a very
pleasing environment for, for the customers. Someplace where people will want to
go and will love. I mentioned some of the uses at Desert Crossing and contrasted
them with, with what we're trying to do here. This is the interior of a, a gourmet
market who, who is very interested in this project and has been for two years. This
is not your regular supermarket. This is their wine section. As you can see they pay
a lot of attention to presentation. And this is indicative of, of the type of tenant that
we want to bring to this center and to the City of Palm Desert in general. Now the
things that I've mentioned about the center have come about for a reason, and I just
want to give you some sense of the process that we have gone through in, in trying
to lay things out where they have ended up and the really hard work that both Ted
and I have done in trying to work with our neighbors and our, our hope that we can
come up with something that will please you all, and somewhere you'll frequent, and
even if you're opposed to it actually come to like and enjoy and take your friends
and guests to. We began with what was more of a traditional layout with a large
supermarket. It backed up to Painters Path and faced Highway 111. That did not
go over very well, and the complaint being the large supermarket use, we came back
and said well how about a non -supermarket use. How about a, you know, something
else, something with a garden center. Well no, everything's too, we don't want it
backed up to Painters Path. Okay. Well what if we take this same tenant mix and
we put them along the storm channel. No, no, no, no. Too big. Too big. We need
to go with something smaller. Okay, well, fortunately we do have enough tenants
who are interested in this. What if we go with something smaller against the storm
channel, say we'll put an upward limit on it of 30,000 feet. What's this entrance
from Painters Path. Do you realize the traffic that'll generate. Well, we can, we
can understand that. What if we work with this entrance and conceal it. Make it an
in only and not an out. Curve it in and really work the landscaping so that it does
not impact your span of Painters Path. No we, we still don't believe it'll work.
Well, that's been sort of the, an encapsulated process of how this thing has evolved
and this brings us to where we are today.
I'm going to close my portion of the presentation just hammering home some of
what we'd like to do and some of what our choices are. I guess I would phrase it,
would you rather have this, which is the storm channel as we have today, or would
you rather have this, which is the storm channel as we propose with pedestrian
amenities and with some nice landscaping. Would you rather have Painters Path as
it exists and has existed, or is it better, is it better to have something that's
landscaped and that you actually feel comfortable walking down. Would you rather
have a view from Highway 111 of, of a rubble strewn vacant lot or would you rather
have a nice promenade. Finally, would you rather have the view over to Desert
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 1997
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TL
Crossing or would you rather an amenity with some well designed shops that people
can enjoy and that generate revenue. I'm going to turn this over to Ted Lennon at
this point to finish up.
Thank you David. What I would like to do is summarize what, what we think from,
from hearing both from the neighbors and from staff and different council people
what, really what the issues are. And the issues are, in my mind, are aesthetics, the
view of the project, what it blocks out, how it looks, noise, and traffic issues. And
those are the three, I believe, main issues of, of Sandpiper. The bridge is an issue
I'd like to talk about. I think the economics of this, this venture to the City, the
effects, its cost of the bridge and so forth and how it works is very important and
why now has been asked often, why not later, why not wait a couple of years. I'd
like to address that briefly. And then finish with our position on the Redevelopment
Agency agreement.
On the aesthetics, I don't really believe there's an issue. We've been to the City's
Architectural Committee and gotten their blessing, we've been to the Chamber of
Commerce and presented this thing and got their blessing, we've been to the
Economic Development Agency of the business people in town and got their
blessing. We've been to Planning Commission and got their blessing. So I think
that aesthetics, I think that we've shown that we can block the, the visualness of the
project from the Sandpiper residents on that street, and we've successfully have
solved and sound problems, the same issue. On noise, again, as we've blocked those
sound issues, one of the things that David didn't point out is we got rid of the
original emergency access to, so there was a complete wall all the way across our
property. The consultants, the experts, in review from the City staff, have
determined that the noise levels are, are minimal and in all probability that the sound
currently comes from Highway 111 from the cars whizzing by, there will be a
lessening of sound overall.
On the traffic issues. There are, there are three graphics I'd like to show to kind of
explain that real quickly. This may have been up before, but let me have that.
Again, 111 is right here. This is El Paseo coming down. Currently this is a single
lane area. We have to rebuild that whole area and create a double lane. We have
to add a right turn lane here as well. Turn in lanes on, on I believe these streets,
turn in lane on the El Paseo entry and up here at Painters Path in this area, we have
to add a signal, and the purpose of that signal is truly safety because that, that
situation right there is, is semi -dangerous. It is difficult to wait at a stop sign on, on
a slight curve to get out in that street. Currently so, I'm constantly maybe at Fridays
or at the pizza place or something, and I come out of there and try to make a right
turn it's difficult . The traffic signal is going to be a very terrific addition for both
this whole, the whole commercial venture across the street and for anybody coming
down Painters Path and trying to get out. The next graphic that comes from this, as
a result of doing both this double turn lane and we are also being required to do
another double turn lane coming down 111 from the other direction. I asked our
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traffic engineers to do some additional studies and put the other, this, this is an
interesting graphic. The red and the yellow are the additions of traffic at, at a peak
hour on, on, at the intersection of Highway 111 and El Paseo. The thin yellow strip
at the top is the difference in if this was, the red is what would be attributed to the
normal office building development on the property. The yellow thin strip is the
incremental amount of traffic that would be added by this project. The 125, 000 foot
commercial development. The minimal, minimal add to this (inaudible). And the
next graphic is, is really fascinating. With the mitigation of the double, the double
lanes on Highway 111 by having to do that, we were looking at, this is the length of
delay when you come up to the intersection of El Paseo and 111, if you get lucky it
takes two seconds to go through. But if you're not lucky, the average delay in time
is the far left bar graph. Roughly 24 seconds. If, if today the double lanes are put
in, in both directions, its estimated that the green bar graph is the delay in time it
literally goes to zero. And then you see each year, so in the year 2000, so you go
out to year 2010 with the growth in the economy and everything is projected for the
community. If nothing is done with those traffic signals, if the Town Center Mall
is rejuvenated and all the things that go on in the centers across the street. This is
the kind of waiting time you're looking at. So they're really doubling, we could be
faced with doubling our time waiting at that intersection. Just more of our life spent
at a place we, maybe we shouldn't, shouldn't be. What's fascinating is with the
double lane turn, you're, you cut that, that stay down drastically so we, in effect,
will be decreasing with this project and being responsible for the, the very expensive
cost of building those public improvements at that intersection.
City economics. Would you put that graph up. There's two issues in City
economics. How much money comes in, what are the damages to the City, what are
the, what is the outpouring. These were, these were done some time ago but they're
rather interesting. When this project comes out at the gates, immediately there's fees
to the City, of these, these total to a little over $700,000 in fees that go almost to the
bottom line. The other agencies in this case are really a benefit to this neighborhood
and the City. The TUMF, this goes to roughly to CVAG, these are TUMF fees for
additional improvements to traffic in this area to be spent on, on that. We had
thought that they reimburse us for the traffic, but this doesn't, this isn't one of the
available features of their program. But those are fees, so immediate, its over a
third of a million dollars to the City in, in, in upfront frees, fees. Now we get to
some really big numbers. This number, $174,000 per year, is the amount of money
that this project would generate for the Redevelopment Agency. This would go to
the bottom line on a, basically an annual basis. The, and this goes on for the life of
that Agency. That adds up to a lot of money. This is, this is an item that doesn't
start until this thing is developed and done, so that every, and you say why now,
every time a month, two months, a year goes by in this project, it's lost revenue.
It doesn't come back, it doesn't get added on later on, its truly lost revenue. Now
the big numbers right here. And this is an interesting comparison here because the
chart on the left is if an office building is done, these are the kinds of general fund
revenues on an annual basis this project would do. If this project gets built, its
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estimated that $611,000 in tax dollars goes straight to the City's fund. It's not
shared, it's not, it's big dollars. Big important dollars. A year or two years goes
by, you give up a million two, a million dollars. It's, it's big money. The line on
the bottom is kind of playing with money and adds to the present value. The project
will be built to these standards and this happens at the projection we think. This is
a $21 - $22 million project. That's the present day value if you only value money
at six percent, that's the value to the City for this thing, for this project to happen.
This doesn't count the, the numerous jobs for construction, that, that get generated
by doing the project, the jobs it creates, the retail jobs, the servicing jobs. The other
dollars we're talking about is that we're estimating at approximately for those three
signal area changes, we're looking at costs to us, of offsite costs of about $300,000.
As we get into in a minute on the bridge concept of that public improvement, which
is a, a public improvement for the, for the, the whole City, we have to, we have to
loan the money for that to make that happen under this new, new scenario. And I'll
explain that and what, what my position is on that. In other words, we did have a,
a program with the City that we thought we had up until just a short time ago, we've
always gone forward developing this property with the understanding that there was
$400,000 in, in Redevelopment Agency dollars for that, that bridge. Suddenly that
way, that's not there, but I'll get into that and what we would like to have you
consider for that. As to the bridge itself, the issues are, it's going to take traffic off
of 111, no doubt, and it's going to keep people off. It's a wonderful pedestrian
crossing to avoid going out on to the 111 area, bicycles, really helps the golf cart
program. People get around, don't have to go out on 111 to get down to the, to the
Town Center. Can get them out to good traffic signals to cross. The, the, the
trolley program that we signed up to be involved in would be wonderful to go across
there. The, I know the Sheriff's Department is in support of the bridge, the Fire
Department is in support of the bridge, the bridge has a lot of positive support, and
I think it, it makes a lot of common sense. We think it belongs in the project. We
understood if it, it's part of our precise plan and that, that, if in fact it is part of it,
and it is important part that the City would reimburse for that. That has been our
condition. And that had been the condition.
In the, in the why now part of this thing, I've covered some of the things. But the
City has terrific momentum. There's a momentum opportunity to pick up and do
this project now and do it right. This project becomes the gateway to El Paseo,
which is a great, great street. This is a great opportunity to do a really .good project.
We said the markets good, the finances good. I think David mentioned those things.
This project won't be on the market or be finished for 18 to 24 months. The rent
up rate that's, that's occurred since before Desert Crossing has been, been
phenomenal in the City of the absorption of, of vacancies. Competition's been one
of the issues. Do we want to compete with our existing older centers. I think what
happened across the street with the, I think, without Desert Crossing happening, I
think the Starbucks, I think the whole thing that happened across the street would not
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happen. That's a reaction to the, to the market place that, and I think competition
is good. And that's important. It's been bantered back and forth but I think, I think
it is good and I think the City's just going to get better and better because of it. I
think that maybe, I think that we're the right company to do this project. This is an
opportunity for us to do this now. This is not our, our property. This is someone
else's property. We've had a good relationship and have had a good run with them,
we'd like to be the ones to do this and that's, that's another reason for now as far as
we're concerned. The economics are really terrific for the City and the community.
I think they're very important. I guess in closing on the approval of the
development, and then I'd like to go back to the Redevelopment Agency thing. We
currently have the support of the Architectural Committee, the support of the
Chamber of Commerce, the Economic Development Council came out unanimously
for us, the Planning Commission has recommended approval of this thing, and I
think, I believe we have most of the staffs report at this time. (inaudible) that's
what's recommended.
Now, (inaudible) to get away from the pretty pictures and the beauty of the thing,
the numbers in the Redevelopment Agency. The, the, I wasn't involved, our
company was not involved in the original 1991 negotiations and zoning and so forth,
but I was personally involved. Carlos was it `93, the end of `93 or' 94 when we
redid the, we had been to the Development Agency, and we took Desert Crossings
to where it is and we closed that deal and, and made that happen, and I think that the
numbers I showed you that this property generates were dwarfed by the Desert
Crossing numbers, and I think that is proven and will continue to prove to be a very
good financial program for the City to, to be able to offer a lot of other benefits.
When the bridge was not in my understanding a part of the deal back in '91, the
bridge came as a part of the Desert Crossings negotiations. There was going to be
a reimbursement for the public improvements we made at Desert Crossing of $2.5
million and there was going to be a bridge for $400,000 to cross the channel. In `93
it was my memory that the Redevelopment Agency came to us like, like I'm, like a
jury stand, but the Redevelopment said why build that bridge now if there's not
another project across the street let's put that, let's put it off until a project happens,
and we agreed, you know, we agreed to that. We said well you're right, there's no
reason just to have a bridge cross there now. Let's put it off and we won't have to
spend the money unless something happens. Now the project at that time that was
approved, I agree was an office building but no one had looked at trying to do that
an office buildings, that wasn't the reason for a bridge, it was, it just happened to
be the zoning at the time. So we proceeded and probably were wrong in not going
and saying, "Are you guys still behind us with this bridge?", but we brought the
project through, its I mean, we, we what we normally do. We spend the first eight
months of this project doing nothing but working with, really with the Sandpiper
people. That's really all we did the first eight months, so its only been at the City
level the last few months and with that we came in and suddenly we found out that,
that at first the Redevelopment Agency wasn't interested in, in providing any of the
funds for the thing and then I think they thought about it and we said gee that's not
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RSK
TL
right and they came back with a different proposal. And in their current proposal
and David stated it pretty well, but I think there's one issue I'm not sure was clear,
its the, the, the staffs recommendation that, that we with our money build this
bridge. We then wait to get the money back out of tax increment we, we create over
a three to five year period with some reasonable interest paid back. But we have to
wait. So we, we put up the cash and do all this now versus we were just going to
get a check at the end of completion for the thing and be gone and so now the
proposal is that we put up the money, wait three to five years for this money to come
back and then if, and only if, we, we get our cost back and a land value equivalent
to the current tax base that we pay taxes on, which is $4.6 million on the land, that
the City would get half the profits. We had talked about some other things of
reducing that, and I said that makes it really difficult to go finance, you know you
got to want this project to happen, let's, and, and we tried to work (inaudible), and
we weren't able to come to terms by this day. We had a short time fuse to work
things out and, and, and I've always had a terrific relationship with them, but I came
up with the concept today and I'm trying to think how do I do things that are, what
is fair, what is reasonable, and, and what is a logical way to go forward on this
thing. And in, in a normal process you've got to show papers to your dev, your
financiers, your equity money and the banks that you're looking at roughly your cost
of 15% to 20% profit on your cost going in. Rarely do you make it, but you hope
to do that.
What we would like to propose that we have at least a reasonable amount of profit
to be made before we have to pay this back. So we would be willing to go from
getting thecheck up front to a waiting for our money. What we would like to do is
position ourselves so if any way there is a landfall in this thing, the market's go
crazy, you know, right now all the money's in the big pension funds and they're
fighting to buy things, but we're not looking for a landfall. We'd just like to make
a reasonable small project, profit and we would be willing to share and pay that
money back with proceeds above that. So the difference we are, what I've really
done is we've taken the same, the, the Redevelopment Agency has redone all the
DDIA in this new amendment to adjust to our rating clauses and all the things that
are, that are going on to make it sing but that what we would suggest is that instead
a sharing we would like to get a minimum, a 12% return on our cost prior to
sharing, a profit sharing program with the Redevelopment Agency.
So in summary, I'm, I'm saying we're really willing to really compromise, we were
disappointed that we're not, it isn't what it is, this is, this is not as good a financial
program, but I think there was one graph here, do you have that one graph left that
shows the dollars coming in through the RDA.
We can't read it.
Can't read it. Well, it just, it shows those dollars coming in. If the City paid out
the money, they get their money back in three years if they did it per the original
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deal. And from then on they're looking at $150,000 a year income. In this
scenario, after four years they've got $150,000 a year, $170,000 a year income with
this program. I thank you.
RSK Before we move on are there any questions of the...
RAS Yeah, I got, I got a couple. First of all, I hate to vote on something that hasn't
really been worked out with the Redevelopment Agency. I mean, you know, I'm
getting something here at the last minute, and I don't know what their feelings are
on the proposal.
RSK Maybe we should hold that part and just...
RAS Later on.
RSK For clarification.
RAS Okay. Secondly, you indicated that the City would get a little over $600,000 a year
in tax increment for our general fund.
TL That's what, that's correct.
RAS Right. Which means you're going to do $61 million in the center. That's the
anticipated sales.
TL I believe that would be correct.
RAS Okay. How much of that is transfer? How much of the 60 would you have a
guesstimate as to what the transfer would be from?
TL From existing tenants.
RAS From other businesses?
TL Well our assumption based on the rating clauses that are already in the thing that we
will be able to pull very few tenants away. I mean it is not of the intent right now.
RAS No, I don't mean tenants. I'm talking about you're going to be selling groceries,
let's say. Well, we've got...you know, don't you figure on a transfer when you...
TL Can you answer that better Dave?
RAS Any kind of a guesstimate on transfer. Ten percent, 20%?
TL I would say 20 % .
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RAS Twenty percent. So instead of $600,000, it's going to be $500,000.
TL Yeah. You're assuming that you're not, your volume of people isn't increasing,
which it is and all that.
RAS Sure.
TL If you assume the status quo of people, yeah, there's probably, maybe 20% or
something.
RAS Okay.
RSK Any other questions? I have a question.
TL Yes sir.
RSK The other night I went to the Vintage and Vinegar Awards and somebody said that
Desert Crossing got a Vinegar Award. Was that, is that right?
TL I don't know what a Vinegar Award is. We recently got an outstanding award which
we gave to the Redevelopment Agency. It was one of the outstanding shopping
centers of the year last year. But I don't know about a vinegar award.
RSK Somebody said that there...and I was wondering if that were true or not. You don't
know about it?
TL No sir.
RSK Okay. Thank you very much. Robert Leo. I'm going to ask, I know we've already
gone through a long presentation and so whether you're in favor or against the
project try to not repeat a lot of things so that we deal with new facts, or facts. If,
when you tell us about something we'll be sure remember those and we, also we
have a packet of letters that we've all read so we have a lot of information about how
everybody feels, so normally we limit to five minutes and hopefully you can
accomplish that within five minutes, and, if not, why the Council has the option to
give, to extend your time. So, let's all try to be efficient as we go through this.
BL Mr. Mayor, Council members, City staff, members of the audience, my, residents
of Sandpiper, especially to Andre and Susan Dubbs, my good friends. I'm here
tonight as a year-round resident of our community. My wife and I have made this
our home. We live here. We work here. We spend our income here. We are part
of the increasing number of people, excuse me, who look at 12 months in the desert
as the place to be. In 1993, when I took over as the Executive Director of the Palm
Desert Chamber of Commerce, I asked Councilman Crites what he felt the potential
membership would be, and he said 1,200. I'm here to report tonight that we are
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at 1,247 members, the largest chamber in the Valley and the second largest in
Riverside County. So when speakers who speak for this from the Chamber, they
will be speaking on behalf of a lot of people and a lot of businesses. We have a
tradition of studying issues and then making our decision. The Lowe Enterprises
Development has been put under the microscope and we have drawn our
conclusions. Following the suggestions of City Council members, we have looked
at space, current development and the future of our community. Most of all we've
looked at people and their issues. We've looked at jobs, which haven't been
mentioned yet. And we looked at the quality of life, which have, which has, which
has not been mentioned yet. We are convinced that this is not a vote on a single
development. This is a vote on the beginning of a new future for Palm Desert
retailing. Tonight you're going to hear from various segments of the business
community, and they will tell you of our collective support as well as their individual
feelings of working and living in our fine community. We have heard much about
vacancies. With the advent of the Business Support Office and the public/private
partnership between that office and the Chamber of Commerce, we feel that we can
mitigate the vacancies within the City. The, in fact today, Ruth Ann Moore, of that
office, received two proposals through the Chamber of possible leads for existing
space. The individuals you'll hear from represent the present and the future of the
desert. They also live here 12 months of the year, work here and spend their dollars
here. We'll hear from Stu Bailey, who is chairman of our Economic Development
Committee. You'll hear from Bill and Sheila Reed, who own a business here in the
City. You'll hear from Mary Beth Hunt, who, by the way, is Palm Desert's Athena
Award winner this year and a private entrepreneur and then you'll hear from the
younger set. You'll hear from John Henry Garcia and Robert Luzie, gentlemen in
their 20's who have laid stake here in the desert and looking for the future. Mr.
Mayor, how do you want to handle this?
RSK Well, I have people who made out cards so I'm going to take them first. Because
they were.
BL Okay, because I think most of them are on there.
RSK They were kind enough to make out the cards so we could keep it organized.
BL Okay. I think they're...
RSK So I'll go through the cards first. Next card I have here is Bill Reed. And keep in
mind that there are a lot of people who are probably going to want to talk tonight so
let's not have too many repeat.
BR
Mr. Mayor, Council members, thank you. I'm Bill Reed, business owner, property
owner here in Palm Desert and I just want to put my vote of support in for the
development. This project. I feel it will bring a lot of extra jobs that are much
needed jobs, much needed positions openings. And for each job that's brought in,
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for each position that's filled, as you probably, know it will trickle down to
approximately seven times that in revenue and being a local business owner I just
feel that,'s, and a homeowner, resident here in Palm Desert, I feel that's very
important. And everything else I was about to say has pretty much been said. So
that's it. Thank you.
RSK Thank you. Stuart Bailey.
SB Mayor and members of City Council, I have a three minute presentation for you.
My name is Stuart Bailey, I'm a resident of the Woodhaven Country Club in Palm
Desert, and I've been asked by the Palm Desert Chamber of Commerce to represent
the collective views of 12 hundred members of the Chamber of the Lowe
Development project. On August 26, 1997, the Board of Directors unanimously
endorsed the proposed development by Lowe Enterprises for the property we're
discussing tonight. The Board urges the City Council to rezone the property to
accommodate this retail development. The Board took this supportive action for the
following reasons in that this property is the last major piece to be developed in the
111 corridor. It should provide contiguous shopping with the Desert Crossing. The
vacancy rate for office space in Palm Desert is at a high of 22 % indicating that there
is more than enough supply to meet the demand. The vacancy rate for retail space
is estimated at a low ten percent. There are other areas, such as the Fred Waring
— corridor for additional office space should the need arise. We also feel that the new
shopping areas attract new stores, it's been discussed tonight. The proposed
architectural layout will do more to enhance the aesthetic quality of not only the
corner but.the entire corridor as well. The Chamber feels that the addition of such
a development will bring new retail partners to the City. As you are aware, the
Chamber Board of Directors does not give their approval to all projects that come
before them, however, we feel that this project for the above stated reasons will be
a spectacular addition to the City's landscape and deserves our support and we urge
you to vote yes on the rezoning of property at 111 and El Paseo. Thank you.
RSK Thank you. Dean Schuman.
DS Mayor Kelly and City Council. My name is Dean Schuman. I reside at 72495
Pitahaya. There's an issue that's, no one's talked about. I think I represent all the
people on Pitahaya, Beavertail and Edgehill. That's the focus of the project. We're
going to be the shortcut for people for coming in and out, especially with this bridge.
Traffic is crazy right now. It's a 35 mile an hour zone. People are doing 60. And
if this bridge goes in and the shopping center goes in, everybody is going to be using
us, the back side, following the channel up, to get up to 74, to Bighorn, wherever
they're going. We're going to be the shortcut. The kids can't play out there as it
is right now. It's getting worse and worse. I, thank you.
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BAC
I have a question for you sir. Whatever the merits of the project are or are not, it
empties its traffic out onto El Paseo. If someone wanted to go to Highway 74, why —
wouldn't they continue down El Paseo as versus...
DS Have you ever gone on Edgehill, have you been on Edgehill before?
BAC Yeah, but I'm, my comment is if somebody, if somebody's on El Paseo, they'd have
to make a u-turn, go back down to the wash, then up Edgehill and then back over
Highway 74.
DS Isn't there an exit on Painters Path?
BAC No.
DS For this project?
RSK No.
BAC No.
RSK There isn't an access on Painters Path.
DS There is no exit on...
RSK They'd begoing out of their way.
BAC That's, you know, I'm not trying to diminish.
DS I understand. I'm sorry, but what I saw in the plans is bridges coming over the back
side into this project.
RAS No.
BAC It goes into the middle of the project...
DS It goes into the middle of the project and then (inaudible).
BAC ...and then empties out onto El Paseo.
WHS No way to get on.
DS No way to get onto Painters Path.
BAC No.
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DS Okay.
RAS It'll be off of El Paseo.
DS Well then another objection that I have, because one has, that hasn't been mentioned
is the nights in the desert are beautiful, were beautiful until Desert Crossing and all
the lights. Go to the top of Edgehill and look down. You, it's ruined, our nights.
And more lights is only going to, you know. You people all live in places where
there's not a lot of lights. Go up there and look what happened to us. Appreciate
it. Thank you.
RSK Okay, thank you. I guess this is Mr. Winkle.
VW Mr. Mayor, Councilmen. Mr. Van Winkle, 35A Sandpiper. I've lived in Sandpiper
since 1983 and have been in, living in the desert since 1965. And to correct a little
bit what this gentleman just talking about. They come out of that onto El Paseo, the
first turn right is on Painters Path. If you go out and watch it now at least a third
of the traffic coming out of 74 goes down Pitahaya and down Edgehill and down
Painters Path. If that goes in half of them because the more stop signs and the more
trouble going down El Paseo than there is going down Edgehill and Pitahaya. So
they got traffic, will increase many times. The reason I'm here representing the unit
three, as you know the good (inaudible) people in the desert that can afford to be
here half the time and the money are gone in the summer time. We don't have a
good representation here for unit 3, but I have contacted a majority of the owners
of unit 3, which I represent, and without exception they're opposed to commercial
zone in that area. They all feel that the initial zoning, which was R-6, was the
proper zoning. All of that side of El Paseo was scheduled to be residential from 111
to 74. That particular area was to be for R-6 for housing for rental housing, middle,
middle, middle cost housing for the area for the owners and managers of the
businesses in there. Why Ahmanson is so opposed to homes, I don't know.
Residential property. I don't know because all the money they've made out of Home
Savings is (inaudible) paid out of home loans. Not commercial loans. And they also
done the same thing in downtown Palm Desert here. They tore out a, that housing
that was down there that was supposed back in, in a short time. It's been 11 years
since they tore that down. Why they don't stick to that initial project, I don't know.
But I also went and contacted the store owners, the managers in„ Palms To Pines
Plaza there. There's not a one of them that's in„ favor of having that zone changed
and say there's enough vacancies in„ Palms To Pines right now. The Sprouse -Reitz
store that's, that was there has been empty for over five years. Stationary store
that's empty. Been empty for over three years. The package and wrap and mail
store has been empty for over three years. And I could go on. There's at least ten
of those that are empty buildings in, there that people have been in, and gone. And
Smoky's has just moved into that building and that was the fourth operator that's
used that location. Where the Blue Coyote is, they're the third one to move into
location. And where the, the First Interstate Bank is, now is a temporary rental for
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a, a furniture disposal. So I think we've got enough vacancies in, the area, and I
think you should have more consideration for the merchants that are already in, the
area instead of bringing in, a bunch of new ones. Thank you.
RSK Is anyone else would like to speak on this project at this time? Give your name and
address for the record.
JH Mr. Spiegel, I'm Jack Hoover. 1715 Sandpiper. I'm going to say hello to Bob
Spiegel, Mr. Crites, Mayor Kelly, Mrs. Benson, and Walt Snyder. I've talked to
all you at one time or another. I appreciate your courtesy. I can't say too much
here because I can't, I can't get up and make hundreds of thousands of dollars for
this city. It's impossible. It's impossible. But I think that this is a matter of good
sense and a matter of what is right, what is morally right to do with a project.
We're talking, we're, we have people sitting here who bought property when this
was zoned next to the residential. It's been changed and changed. It went to office
and now we're seeing there isn't any office space. Well we just can't help that.
That isn't our fault. Sometime there will be need for it. But to come in, with a
commercial development right next to us with the noise that we're going to have,
we're going to have stores that's going to be open until ten o'clock at night, we're
going to have traffic, that we're going to have over 610 cars parking in, there, we're
going to have a bridge, we're going to have a lot more congestion, and I just think
it's only fair to continue on the existing zoning. I could talk for a long time about
it. I know a lot about it and I, I don't want to bore you, but I do hope that you'll
really look at it from the moral point of view besides the economic point of view
because I can't offer you anything economically like they can, but I do have a lot of
people out here, it's late in, September. We would have a whole lot more if it was
a couple of months later but that's, that's neither here nor there. So please, please,
please look at this carefully. And we have other people who want to talk, and I
don't want to into any, any great length. I'd like to ask Sandy to say something
here, and we'll see what we can, can conclude as quickly as possible because I know
that you've reviewed the letters and, and you've talked to every one and I don't want
to bore you too much. Okay. Thank you, thank you very much for listening to me.
SH I'm Sandy Hoech, I'm at 611 Sandpiper, Palm Desert. Mayor Kelly, Council
members, thank you for the opportunity to speak. As a homeowner in Sandpiper
and president of Sandpiper Owners Association, I represent a nearly one third of the
Sandpiper; and as a real estate broker and a former retailer and a commercial
property owner, I have tried to approach the proposed zone change from diverse
points of view. As a retailer, I would not lease in the project because there is
inadequate ingress and egress to promote enough foot traffic to support new small
businesses; and so far as at least one proposed restaurant is concerned, there is
inadequate parking for easy access near the entrance. As a resident, I shudder at the
thought of even more traffic congestion on Highway 111, and during the season is
extreme now at best as you know. The proposed right in, right out entrances exits
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on Highway 111 would make it barely able for drivers to access Highway 111
without stop lights or signals.
And the large delivery trucks, you know they're inevitable, make wide turns and
would probably block the adjoining lane. They even say on the back, "We make
wide turns." The right in„ right out onto El Paseo would create traffic congestion
in that short block, and which, in my opinion, would be compounded by a, a traffic
signal on Painters Paths. I understand that there have been 11 collisions on the
highway between Fred Waring and Desert Crossings and El Paseo in the year of July
1, 96 to June 30, 97. I suspect there have been many others since and collisions
between the intersections. From the minutes of the Planning Commission meeting
on July 15, Mr. Drell and I will quote, "Mr. Drell stated that his gut feelings from
being a planner in the City for 17 years and watching the commercial environment
and with some of the commercial redevelopment projects the City was trying to work
on, this was not the time to create another 125,000 square feet of very desirable
retail commercial space which would compete with some of the existing commercial
stock which he believed was not as strong as it could be. A year or two from now
the environment might be different but at this point in, time he didn't believe the
expansion of commercial space was warranted."
Now in the staff report of August 5th of this year, it is stated although staff continues
to have reservations concerning land use change at this time, a resolution and draft
ordinance have been prepared approving the project and its various components. In
the three-week period the economic environment did not change. What did? In, the
same report it says that design of the precise plan will not substantially depreciate
property values in the vicinity. What is substantially? Ten percent, 20%, 30%? It
has been estimated by local Realtors that the property values in the Sandpiper will
drop over 20%, and in my book, that is substantial. It also states that the precise
plan will not unreasonably interfere with the use and enjoyment of the property in
the vicinity. What is unreasonably? This statement infers that it will indeed interfere
with the use and enjoyment of property in the vicinity. No doubt. The report also
states that the precise plan will not endanger the public peace, health, safety or
general welfare. Now the noise level is bound to increase, the traffic is going to
increase, and I'll bet you a cookie the number of traffic accidents will multiply
substantially.
In the resolution of August 5th, there are a number of issues mentioned in the
Conditions of Approval. Some of these are sidewalks, art -in -public places, off site
improvements. Who pays? The acceleration and deceleration, widening of El
Paseo, construction of curb, gutter and asphalt paving on Painters Path.
Landscaping. Who pays? Modification of existing drainage systems, installation of
sidewalk along all property frontages, traffic safety striping on El Paseo and Painters
Path. Again, who pays? The list goes on and on. I understand that the developer
will be reimbursed for these improvements with tax monies. Upon reading the
development agreement between the City of Palm Desert and Ahmanson Commercial
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Development Company and the amended and restated Disposition Development and
Implementation Agreement, I am shocked and appalled to learn to what vast extent
the taxpayer is paying already. And contrary to what I was led to believe by David
Smith of Lowe Enterprises, I understand that the proposed bridge across the storm
channel will be built ultimately at taxpayers expense of what, nearly half a million
dollars plus the upkeep? In effect, we the taxpayers are subsidizing all of
Ahmanson's projects. I find this highly objectionable. I also understand from David
Smith there are no signed leases or letters of intent or commitment, in spite of his
confidence. In view of the fact that the traffic patterns will create more accidents,
the project proposed hasn't adequate ingress or egress for the desired success of the
project. The property values will be devalued in the neighborhood. The great
majority of the people in this area don't want it and shouldn't be forced to subsidize
it, and staff still has reservations about the zone change. The zone should not be
changed. Now the presentation of Lowe Enterprise is an idealistic fantasy. There's
a mighty difference between good sound reasons and reasons that sound good. With
these points in mind, I strongly urge you to deny the zone change. Thank you very
much.
RAS Can I ask you a couple of questions, please?
SH Surely.
RAS You suggested that some authorities indicated to you that the property values would
drop 20% if this project were developed.
SH Realtors.
RAS Excuse me.
SH Realtors. Local Realtors.
RAS Could you tell me who?
SH Jack.
JH (inaudible)
RAS Certainly.
RSK Well if you're going to respond, we need to have you come up to the microphone
because we're recording the public hearing.
SH Any other questions?
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RAS Yeah, the other question is you indicated that the taxpayers are going to be forced
to subsidize this project. I don't understand that statement.
SH Well in, reading the agreement from 1993 that the "Agency" will reimburse the
developer for these costs.
RAS Yeah, but that's in, tax increment that the Agency gets from Riverside County. It
has nothing to do with our citizens, you, myself.
SH I pay taxes, I pay property taxes.
RAS You pay property taxes but, if you'd listen.
BAC Mr. Spiegel.
RAS Yeah.
BAC Perhaps we might ask staff if there are any reimbursement arrangements on
sidewalks and the other things mentioned.
CLO The only provision for reimbursement is on the bridge.
BAC Okay.
RAS So what would the taxpayers be paying on their tax bill that would support this
development?
CLO Well...
RAS Over and above what they're paying now.
CLO It would not change how much a taxpayer pays on his tax bill. A portion of the
current tax for the Agency and that's what we...
SH Exactly.
RAS But they don't go up. I mean your taxes are not going to be increased.
BAC They tried different with the...the only issue that comes from our participation is the
bridge.
CLO That's correct.
BAC Which...
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SH The tax money that goes to the County is allocated. The budget is allocated to so
much monies to the Agency. Therefore, the taxpayer is paying.
BAC Right. For that bridge.
SH Yes.
BAC Yes and that bridge is going to be built whether this project comes to be or not.
RSK Well...
BAC Or may very well be.
RSK Well regardless of, regardless, just a minute. Regardless, I'm not, I'm for or
against the project but regardless of the project the tax increment that will pay for
the bridge is tax that's increased because this development is, this project is there,
built. You understand what I'm saying? The project.
SH I understand, sir, but I question that, it...it would take probably a hundred years for
this small area in, taxes to be able to...
RSK Well, it's not. I'm not going to argue it with you. That's okay. No more. I
don't...any questions.
SH All right. .Thank you.
AD I'd just like to respond to Mr. Spiegel's about the change in, values of the property.
17, I live at 1706 Sandpiper. The average home in, this location about $225,000.
Since the Desert Crossing went up, the prices have dropped unbelievably but to
$150,000. If you question anything that I, my figures, they are open to you at any
time. A home of, right across from me sold just four weeks ago for $150,000 and
the, the properties have dropped not 25 % but more than that.
RAS I'm not suggesting that's unique to Sandpiper though. The same thing could be said
at my house. The people that just sold theirs across the street from me.
AD I am saying to you since Desert Crossing was built.
RAS Okay.
AD Our properties have dropped and obviously with another project going in, it's just
going to be that much worse.
RAS Thank you.
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RSK Okay. Anyone else like to speak at this time?
RL Mayor and City Council, my name is Robert Luzie. I'm 25 years old, I've lived in
the desert for 15 years. I have a wife and a three year old and a newborn on the
way. I'm speaking on a group of individuals who are 35 and younger for a voice of
the community, and one of the issues that I'm talking about in regards to this project
is giving the support of Lowe Enterprises on future -proofing our own futures. A lot
of the issues in regards to the jobs that we talked about, creating jobs and the
economy. 1 feel very, very vital. I want you to keep in mind in, in, in, the decision
that you make this evening that, that generations, that decisions that we make today
affect the generations for the future and we need to act on the (inaudible) of the we
do it now affects us later on in, the future. Very familiar with the project. It is a,
it is something I'm looking forward to in, regards to family, family development,
family and leisure time to go and do some shopping. In regards to the Desert
Crossing Center, how it accommodates it, but yet not together with it. We do a lot
of shopping in, Palm Desert, I work here year round in, Palm Desert, I spend all my
money in Palm Desert and these, these are, these are things that I look forward to
do during the entertaining on my days off. So for a group of individuals I'd like to
say I'm all for it. Thank you.
BAC I have a quick question. Concerning families, so on and so forth. Does your family
live anywhere near this project?
RL My family doesn't live anywhere near this project but a group of, a group of
individuals that meets, meet regularly on the basis that they're 35 and under,
business people that live and work in, Palm Desert have expressed their things, and
I speak on behalf of them.
BAC How many of them live near the project?
RL Live near the project? Two or three. In regards to this.
RAS Please, please.
DST Mayor and Council, my name is Don Stage. I live at 1313 Sandpiper. I own the
Sandpiper Real Estate office. I've been before this body many times and you've
always been great to us. You listen to us and we think you've made wise decisions
and we hope that doesn't change. Ted said there's three things about this project.
He left out, to me, the most important and that's need. Do we really need more
shopping centers in, this city now. This nice young man that's 35 years old, you
mean his family cannot go to the Town Center, or to somplace, and shop. I just
don't understand why we need it today. The, Saks Fifth Avenue, the Garden Center
is under construction and I don't know how many stores are going to be there
besides Saks, but I'm sure 40 at least. So there's going to be plenty of places to
shop, and I think you're all elected to take care of the needs of the City and you
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should. And you've done a great job, you've got a surplus of money and that's
great. So I hope you don't vote just because they say well you're going to give you
a half million dollars every year. Thank you for your consideration.
RSK Go ahead, go ahead. You.
ML My name is C.J. McLucas, I've attended almost all of the sessions of the Planning
Department and all the rest, and I was first involved as Chairman of the Sandpiper
Presidents Association and I resolved not to come here tonight and talk. I just can't
stand not trying to clear up some problems. I went through and I got involved and
learned more than I ever wanted to know about redevelopment. I have visited with
your redevelopment people, yesterday with Mr. Yrigoyen, and in the previous
meeting I raised the question of the insurance on that bridge, maintenance on that
bridge, and I came back then as late as yesterday to verify what I was, had been told.
And the thing that I've been told is that yes, the bridge is a separate agreement.
Everything else is in another agreement. The developer will be responsible for the
construction, the maintenance and the insurance for that thing. I wanted to make that
as clear as I could. And make sure I understood and everybody in here did because
it's puzzling kind of a thing.
The additional puzzling kind of thing, and these gentlemen were very kind I might
say, the other thing, it was something (inaudible) everybody kept talking about the
bridge $411,000, and I don't know where the number came from initially but it is
my understanding that the developer will build this bridge at whatever cost it takes.
Then when the whole project comes on line, this is called site one. When this whole
project comes into the tax picture, at that point the developer will be entitled to get
back his $411,000, up to $411,000. No more. So these are the things I have been
told. I hope that's clear to everybody. It will come out of the tax money in this site,
but it will also mean that he's getting back (inaudible) more money out of the
organization and the only reason I can expect that to happen, I don't why you should
give him any money back, but it appears that, that's's part of the agreement that goes
clear back into the whole Ahmanson plan and the December 1993 plan had this
bridge in that particular plan. So that's, I hope everybody understands that the
developer will get reimbursed out of later tax monies raised on that project. Maybe
we all know what's going on.
The second thing is I've learned more than I ever wanted to know, I've learned
about the word mitigation. Its a (inaudible) word that's been used twice tonight and
mitigation seems to mean when you look at the traffic reports, there have been three
of them over a period of time. Mitigation seems to mean that if you make a traffic
mess, you got to fix it. So the way you fix it is to go over and poke another signal
on El Paseo and that sucker is going to have to be an eight -face signal in order to let
people go right, left, up and down. If you want to make a u-turn on, while you're
traveling on El Paseo as you go by Don Stage's office there, because you missed a
place to get to him, you have to make a u-turn. Now you can come to the stop
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corner, you can make your u-turn in the back. When you get into another, when
you get into an eight phase signal that's going to have to let everybody go and
additionally, this is only a few feet from the, the signal that's already at Highway
111 and that signal is going to have to be coordinated. What, the point was made
a while ago about the traffic deviating to get away from this particular area. What
happens that all, is if you're on Highway 74 and you want to get to Highway 111,
you have to go stop sign, stop sign, stop sign. Now there's going to be another one
and worse than that, it's going to be phased so you're going to sit there and wait
your turn because you can't make a u-turn at 111 now. But in order to use this one
entrance into this project, now you're going to have to eight phase that signal so
people can find some way to get back if they missed that place because you can't get
into this project from the right hand side of El Paseo. So mitigation has been a very
interesting thing, as I say. You make a mess, you clean it, and boy we call that
mitigation. So it's clearly going to be a traffic problem. Doesn't make any sense
that it wouldn't be. You're going to bring the people in there. They got to get out.
And they can't get out on Painters Path, can't get out on Highway 111 until you go
through the whole project. So there will be increased traffic, people going from
Highway 74 while, get tired of all of these signals, they will come across and come
down Edgehill and come back. I happen to take that route most mornings myself
and it's going to be a bigger pain in the neck. I don't care what mitigation will do
for them. So thank you very much for your time.
RSK Thank you.
ML It's been interesting.
RSK Anyone else?
JG Good evening, my name is John Henry Garcia. I live at 78825 Nolan Circle in, La
Quinta. Thank you for allowing me to speak. I was raised in the Coachella Valley,
left for school to Orange County and actually never thought I was going to come
back. I really did not think the desert had much to offer. But there was one thing
that did bring me back, it wasn't golf, it was basically family. I'm actually very
proud to call this community my home. Very excited at how this desert has grown
and, and moved. I would never have imaged to see, see a Starbucks in Palm Desert.
But it's here. Although I don't live in, this town yet, primarily because I could not
afford to live here, the utility rates didn't help much either, I still spend a majority
of my entertainment budget in this town. Basically asking that I'm in favor of the
development, I think its good for the City, think it's good for the people, more
importantly I think it's good for the future. Thank you.
RSK Yeah.
MH Good evening, Mr. Mayor, City Council members, City staff, and members of the
audience. My name is Mary Beth Hunt, and I'm on the executive board of the Palm
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Desert Chamber of Commerce, an organization that you already know is over 1,200
members who live here, work here and spend their money here 12 months out of the
year. I'll keep this nice and sweet because most of the things have already been said.
But the gentleman asked, "Do we need another shopping center here?" What we
need here is to complete the 111 corridor. Why wouldn't we complete it with
something that's going to generate money for the City plus create jobs, especially for
our youth, the future of the community? Thank you.
RSK Thank you.
AD Andre Dubbs again. My wife and I have spent quite a few hours taking pictures of
all of the empty stores within 15 blocks of this development. (inaudible) Lowe
Enterprises (inaudible) my gift to the committee and to the Chamber of Commerce
(inaudible).
RSK Do the best you can to get on the microphone there because they're being recorded.
AD Okay.
SRG And, sir, could you give your name for the record, please?
AD Yes, my name is Andre Dubbs. 1706.
RSK We can see that where you have it sitting now, so you can stay at the mike.
AD Okay. 1706 Sandpiper. As I said, we have taken a 120 pictures within 15 blocks
of this development. Up El Paseo, down 111, across the street, and as you know,
Circuit City is still (inaudible) empty. Marshall is still empty. Petco is still empty
right across the street. I will donate these pictures, as I was saying, to the Chamber
of Commerce and to the committee that's going to work on, how to overcome the
24% vacancy factor that exists now. We don't really need anymore stores or
markets. The old Lucky Store is available, there's stores everywhere and on behalf
of these landlords I present these pictures, and we hope that you're going to take into
consideration how to rent these stores without having to build some others.
In addition to the pictures, I'd like to mention that the traffic, the impact of the
traffic has been mentioned over and over again. It now takes one and a half minutes
to cross the street at El Paseo and 111. Now with the additional traffic, and it is,
and David mentioned there's going to be 600 cars in the new, in the plans there'll
be thousands of cars coming in there. We are, we are against, there are, there are
305 homeowners on El Paseo, in the Sandpiper that are against changing our zoning.
Desert Crossing has been a very good example to us as to what shopping center can
do. For the residents of Sandpiper, and obviously there are a lot of people here
from Edgehill and also from the development to the north, we like to, (inaudible) I'd
like to, we'd like to, the bridge has been mentioned over and over. The signal at
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LL
Painters Path definitely is not, should not be even considered. It is too close to the
other signal and the traffic as it is now, it's not that great that we need another four
way signal over there. Many of our homeowners have, are leaving the area because
they no longer feel that it is Sandpiper the way it used to be. (Inaudible) Nothing,
nothing is the way it used to be, but we are against restaurants across the street and
this development and many things have been promised by Lowe's when they built
the Desert Crossing, and I would say that since they have been so successful in this
development, I think they should leave this very small parcel alone for at least the
next couple of years and stick to the zoning that they have, and we'll be more than
happy to work with them on the zoning that they already have and we do not need
more stores. Thank you.
Good evening, my name is Larry Lyle. 40520 Posada Court, Palm Desert. I wasn't
going to speak tonight, but a couple of things were talked about that relate to me, so
I wanted to address them. First of all, I am a commercial broker out here, and I
happen to manage the Palms To Pines East Center, which was mentioned a couple
of times and the vacancies there. This center happens to be owned by a bank, and
unfortunately, they have resisted entering into any leases on that center because they
would like to sell the center. I have had offers to lease on every single space in that
center and because of the pending sale, tenants have either leased elsewhere or some
are hanging in there. At one point we had three proposals on the old Sprouse -Reitz,
and then we still have two waiting to see what's going to happen on that space.
There are a lot of retail tenants looking for space in Palm Desert, and this is where
they want to be and some of the spaces that are vacant, there's possibly negotiations
on them or maybe the space just won't work. The nice thing about a retail
development like this is it can be a build -to -suit type situation. And that's what a lot
of the good, larger companies are looking for.
Another thing I wanted to mention is about the property values. Yes, I'm a Realtor
and though I'm on the commercial side of the market, I do get opportunities to sell
homes and condos, and I just happened to sell a condo near the new Gardens on El
Paseo, and they specifically wanted to be there because they wanted to be in walking
distance to a shopping area. And the reason property values have gone down is the
real estate has stunk the last few years. But it's making a rebound, and I feel this is
probably going to help their development more than hurt it because there will be
other people that want to be within walking distance to all the shopping. The last
thing I wanted to mention is that retail is what made Palm Desert, we have... I love
living here, I think we have a great city, we have the best park in the Coachella
Valley, we have all these exciting things happening, and I think retail's what brought
the money in to make this, and I'd like to see it continue. I hope you support this
project. Thank you.
RSK Anybody else who'd like to speak to the Council?
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CR
Mr. Mayor, City Council members. My name is Chonie Renard (sp?). I live at
72771 Bel Air Road. So I'm up Highway 74. Not in Sandpiper. I've been in Palm
Desert a long time. I've seen the Town Center, it was so exciting when it was built,
everybody loved it. Now you go to the Town Center, you hardly see anyone in
there. I wanted to mention, Mayor Kelly, I can understand why Desert Crossings
received the Vinegar Award. I have never seen anything so ugly in my life. And
if they're going to build something similar, think of the traffic we experience now
during the season. We can't handle any more. I don't think the zoning should be
changed, and I'm not even a, you know, a resident of Sandpiper. Thanks for your
time.
RSK Anyone else? If you'd like to speak, why come up front, get, get ready.
RM Good evening my name is Robert Miracle, I'm at 72494 Pitahaya. My wife and I
spend our summers in Palm Desert. We love it-- twelve months a year. Many of
the things that have been said I wanted to say, I think have been said better than I.
I'm not looking for eye pleasing appeal, I'm looking at the, the traffic that is going
to be generated in the next few months when all the snowbirds come in. I ask you
not to be blinded by pretty pictures and possible tax income to the City, but think of
the residents. People are more important than money. I ask you all to consider not
changing the zoning of this piece of property. Thank you.
RSK Anyone else? We have to be a little bit careful.
JH I'm going to be very, very fast here. Jack Hoover again, 1715 Sandpiper. You
know we, we haven't talked about other things that can be done with this property.
There are all kinds of things that can be done that would help the City. Nice
residential, good apartment buildings, senior centers, even offices with some
restaurants, some may be on the corner, there are all kinds things that could be done,
but the only thing that we talk about here what would give the most revenue to the
City of Palm Desert. And I don't think that's fair. I think we should be looking at
what's the best thing for the City of Palm Desert, and what's the best thing for the
nearby neighbors. Thanks again for listening.
LS Good evening, Mr. Mayor, members of the Council. My name is Leo Sullivan. I
live at 1 Hermosillo Lane in Palm Desert. My wife and I moved here 16 months ago
from the beach communities, and we are extremely ecstatic with the things that have
taken place in the City that we've seen over the last 16 months. I'm a member of
the Chamber of Commerce of Palm Desert, I'm also on the Board of Directors of
that chamber, and this involvement of the Board and the Chamber with the, asking
for your approval of this project is one where I see it in a different way than
probably other ways that have been mentioned. Retail means jobs. Jobs means
earnings. Earnings bring us taxes, the best thing we could ask for in this
community. Thank you.
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RSK Thank you. I guess I should say next. Anyone else who would like to speak?
Seeing none, I'll close the public hearing and ask for Council.
JMB Well, I'll be happy to start it off. I remember sitting up here when we went through
the zoning on this piece of property before to create the office professional for a
buffer for the Sandpiper people because we've always listened to what the neighbors
in the area want and what is best for the community as well. Certainly we all agree
that retail is important to the City of Palm Desert. It always has been and hopefully
it always will be. It's one of our number one revenues for providing services for the
City. However, we've just recently created a Business Support Center to help the
centers that we already have with these vacancies that are shown on these pictures
down here below. By filling up the centers that we have, we are also creating jobs
and bringing more people into the area, so whether they're in existing centers or a
new center, the jobs will be created and the same amount of people will be employed
in, if they relocate to something that's already vacant. I was amused at how people
remember things. When Desert Crossing was approved, one of the conditions was
that there was no bridge there. That was part of getting that project approved then
and it was passed on a 3-2 vote. It wasn't an overwhelming support. Also, one of
the pictures that was depicted up there tonight showing, looking at Desert Crossing,
the last time I saw it was all the trees to block it, so you wouldn't see it from the
Sandpipers. The trees haven't grown in all the years since, that Desert Crossing has
been there. You can still see it, showing that Lowe didn't live up to their promise
as stated. We'll make this new one lusher than we did Desert Crossing, and Desert
Crossings was supposed to be lush and I don't think you'd call it that today. `
Also, the traffic nightmare that would be created on this one, there's just no way to
get around it. We've created a few that we're sorry for in the City, that we should
have given more thought to the traffic before we let the Lucky Center go in, we have
a nightmare down on Deep Canyon today. We'll have a bigger nightmare on El
Paseo with a light at Painters Path. If you watch how the cars run across to get
across 111 onto El Paseo there are going to be an awful lot of bumping when you get
to the other side with the cars stopped at that light. So I just think there's a lot better
use. I don't say that we don't need at some point some commercial on that corner,
but I don't think it's needed now. It, it sat there for 11 years. It's not going to hurt
it to sit there a few more years while we fill up what we've got. There's a, a,
certainly we need to do a better job of keeping people here, that we have instead of
having them go to the other centers. There's a lot of centers being built in this
whole valley, and I don't see any need, after the fight we had to get this office
professional when we did it, that there's a compelling reason at this time to change
it.
RAS My turn.
RSK Somebody, I guess.
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RAS All right, well, I should preface this by telling the people in Sandpiper, although
quite a few know it already my background is retailing. I was the first general
manager of the May Company, and I'm also not the youngest person, but the
youngest on the Council in numbers of years.
RSK You might be the oldest.
RAS No, I'm not the oldest either. In fact, I'm the second youngest, I think.
RSK That's age you're talking about.
RAS I came here and opened the May Company a little over 15 years ago, and I guess I
was a catalyst for what happened in Palm Desert and today the City of Palm Desert
has a population that's 15% of the Coachella Valley, does 30% of the retail sales,
and that's without an automobile agency, which speaks pretty highly for the City, in
my opinion. Maybe not in everybody's, but in my opinion, because that's what
gives us the dollars to build the parks, to build the golf courses, to put on the
concerts in the park, they have the symphony here with fireworks to try to make this
a family oriented city with a lot to do and a lot going on. And we're planning on
doing more. You probably know, or you may not know, we're going to be building
a skateboard park in, the, in our park, we're going to build a in -line roller hockey
rink in our park for the kids. We've already got a Y out there and a community
center, as you well know, and we've been able to do a lot of things that I take pride
in, even though I wasn't part of the council that made the decision to put them in,
because of the dollars that were generated in retailing. In my opinion, we have a
very good core commercial, and our core commercial is Highway 111 and El Paseo.
It happens to be the facts of life.
Fifteen years ago when I came here before Ernie, Ernie Hahn put up the mall, we
didn't really have much a core commercial in Palm Desert and maybe that was a
catalyst but that was the kind of things that were able to drive the McCallum Theatre
that came into our city and so on. 111, El Paseo, core commercial in the City of
Palm Desert. The only area discussed earlier that is not commercial on Highway
111 from Rancho Mirage to Indian Wells is this piece of property plus 200 feet right
next to the Embassy Suites Hotel. Other than that everything else on Highway 111
is zoned commercial, one kind or another. The project, I know, was worked on by
the developer with the people living in Sandpiper for over eight months. And there
were a lot of concerns that the people in Sandpiper had and justifiably so. We don't
want people coming out on Painters Path. We don't want the traffic on Painters
Path. We want to make sure that there's a buffer between the center and, and, and
Painters Path in Sandpiper. And that wasn't accomplished with a berm and four foot
wall. Right now on El Paseo, we've got a Von's that's open 24 hours a day. It
comes out on El Paseo and right across from that is Sandpiper. We've got a Blue
Coyote in, in, and by the way, there have been five or six different restaurants in the
Blue Coyote. If you remember there was Morse Delicatessen and there was a
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German place before that, and I don't know why they can't make it go there but they
really can't. But anyway, you've, you've got the Blue Coyote that comes right out
on El Paseo right across from Sandpiper and then you go down the street and you
got, sand, whatever it is, the jazz place that my wife and I don't go to, so I don't
know the.
AU San Tropez.
RAS San Tropez. Thank you very much. That also empties right into El Paseo right
across from Sandpiper. And then you go down to where Smokey's is now that used
to be Forties II, that used to be something X, right across the street from Sandpiper,
emptying out onto El Paseo. And this doesn't empty into Painters Path, which
would be an extension of El Paseo, so it, I don't see how that would affect. I, I see
that the traffic will be increased. Fifteen years ago when I moved here and I live up
on Bel Air also, you could, you could get out on Highway 74 and there was a stop
sign at El Paseo and a stop light at 111 and then you could just drive all the way out
to the highway. There was nothing in between. A lot of us feel that, boy, if we
move into a city we build a wall around it and nobody else moved in, that would be
terrific and that's, that's probably right. There's a lot of thought to that. But
unfortunately, it doesn't work that way, in my opinion. I know Von's wanted to
move in this location and that was nixed. I know that Rolls Royce wanted to come
into that location and that was nixed. I know that an upscale hardware store was
talked about in that location and that was nixed. The people that are talking about
coming in, and obviously you can't have a signed agreement with a, a, a business if
you haven't got a project, but the people that they're talking about bringing in are
high quality people. People that we'll be proud of in the City of Palm Desert, in my
opinion.
Let's see, what else do I have here. If someone had come in„ wanted to come in
town and build an office building, they wouldn't put it there. And the reason they
wouldn't put it there, because it's a lot cheaper to put it on Fred Waring. Facts of
life. The land's a lot cheaper on Fred Waring than it is on 111. So if you're going
to put in an office building, you're going to put it on Fred Waring. If somebody
were going to come in, and wanted to put an apartment up in the City, they wouldn't
put it up on 111, it's too expensive. The land's much cheaper elsewhere in the City
to put up a, an, an apartment. So unfortunately, the ideas are good, but it, I see, my
mind nothing but sand on that corner for a long, long time. Is that right? I don't
know. I don't particularly think that it looks particularly good in Rancho Mirage to
drive down 111 and see nothing but sand on either side of 111. And I know it
doesn't do anything for their economy, and I know they don't have half the park that
we do. Unfortunately, you do have mitigation. Some people call it mitigation, some
people call it growth. I don't know. I don't know what's right. But I do happen
to think that we have a good general plan for the City. Because of the general plan
that we have, we were able to keep Wal-Mart off of the corner of Country Club and
Monterey, and the general plan is down 111 and El Paseo and that's basically where
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our businesses are and not only create revenue for the City to do the kinds of things
that we can do but also creates an atmosphere in the City that makes people want to
be here, and I think that's one of our objectives too. So anyway I understand your
feelings, I've been a resident here, as I said, for 15 years and the traffic's a heck of
a lot worse today than it was 15 years ago, but I believe in the general plan, I believe
in 111 being commercial and I believe in El Paseo being commercial.
RSK Would you like to, do you have something to say Councilman Crites?
BAC As the youngest member of the Council. Pick your colleagues carefully and you can
remain the youngest for awhile. A couple of comments, and I think the first one is
a reflection perhaps backwards and that is to Desert Crossing on a, on a number of
different issues. I could not agree more with the folks that have made the comments
that what I at least perceived we were going to receive, in terms of issues of lighting
and landscaping at that center and by landscaping I don't mean some of the fine
landscaping that's interior, in trees and so on, but as an example, the landscaping
along the Palm Valley Channel and the lighting that allows you to sit up on the side
of that mountain and read a newspaper all night is not at all, at least what I thought
we were approving, when we approved that. And by the way City staff has worked
long and hard to try to resolve those lighting issues, and we have changed almost all
the lighting in the interior of the parking lot and reduced lighting spillover because
that and so on and so forth but it still, when you fly into this valley, one of the first
landmarks you see from however many thousand feet you are is you can look down
there and tell where Desert Crossing is, and I don't think its something to be
particularly proud of as we've done it.
Also, Desert Crossing was to work and make sure that we backfilled the now empty
Circuit City building and I know there are a lot of legal reasons why it didn't
happen, but the long and the short of it is it's still empty, and that didn't enthuse me.
So I think there are some issues that are left over from that.
On the other hand, when Desert Crossing was built, a lot of people came and said
we shouldn't build Desert Crossing because it will ruin the other existing centers,
and so on and so forth, and it will cause demise of our business district. And if
you'd have looked maybe a few months after it opened, and if you'd have looked at
the 111 center that did look like you could, if you fell down on the sidewalk, it
would be days before somebody noticed you, you'd have concluded that those people
were right. But if you go look at it now, you wouldn't make that conclusion.
Desert Crossing has, has been a magnet for drawing other businesses, and I think
certainly the argument is, is not difficult to make, that overall the impact on the
neighboring centers and so on, and on Palm Desert's retail community, in general,
has been a very positive one; and that it has stimulated a lot of businesses that
otherwise would not have chosen to be here.
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Some specific issues that I think we need to address on, on this project and I'll just
go down a list of them that I don't think have, that we, that I think we need to have
discussion over, and we need staff work and so on. One. Right now if you, is, first
issue, general issue is traffic. If you drive down Highway 111 and would wish to
go into this proposed center, in order to get into that, you would have to go down
Highway 74, across El Paseo, make a left turn on Highway 111, go down Highway
111 and then make a left turn onto El Paseo. And then make a right turn into the
project. And I'd hate to have to try to defend the reasonable, reasonableness of that
to anybody after something like this was built. I mean, I couldn't do it. It is
ludicrous that you can't get into this thing going west bound on, on Highway, or on
El Paseo. I think we very much need to look at whether an office building is built
there or commercial or anything else is some kind of way that allows people off of
El Paseo, if they're coming down from the Saks area or something that they can get
into get into this darn thing without feeding a whole bunch more people onto
Highway 111 where they don't need to be so, just so they can get off of Highway
111. That's Painters Path, right at Painters Path, El Paseo junction.
Secondly, on Painters Path whether this project is built as this or as office
professional or if nothing's built there, our Public Works Department has been
looking at areas where we need to do, I think their fancy term is "traffic calming".
My term would be "traffic slowing" and so on. I think the Edgehill area and the
Painters Path area are areas that are absolutely perfect for doing some of the devices
you've talked about which have to do with, in certain areas, narrowing the street
width, making the darn things less than a bowling alley lane and doing things that
would make it make it less attractive unless you were really interested in a leisurely
drive along the channel and up Pitahaya or wherever you want to go, and I think we
need to look accomplishing something like that whether or not this project comes to
pass or not.
Third, I think, and I do not see your, if it's there I have not done my homework and
looked at the differences in stop times and wait times and various things between a
four way stop at Painters Path El Paseo versus a signal. And I know the traffic folks
always explain that signals are more efficient, and I always remember that when I'm
sitting at them. So it may very well even be true but it's sometimes a difficult sell
at least for me. Anyhow, I think those are the things that, that we need to look at
in terms of traffic.
In terms of noise, I know to residents of Sandpiper it would seem odd to think that
building buildings and putting buildings there makes something less noisy.
However, I live almost a half a mile from Highway 74, but where I happen to live
on a hillside, oops, a raised area is directly exposed to Highway 74, and I have a
much better hearing of noise a half mile away than residents who are a hundred
yards away have when there are buildings between them. Not having something
between you and noise allows noise to travel very effectively, and so I don't think
it's, it's ludicrous to assume, or to at least broach the issue, that berming and
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buildings may lower ambient noise rather than raise it. I know I wish, at least for
the noise issue, that there were a number of buildings along Highway 74 that block
traffic for me because it would lower my noise. On the other hand, I would like to
see some examples of where the type of berming that's being proposed here have
actually measurably lowered the noise impact of adjacent development or ambient
traffic noise. I think that's not an unreasonable thing to ask for. And for residents
to ask for.
In terms of landscaping. I think we have an obligation on the east side of the Palm
Valley Channel, that means going up Edgehill which is the road along the Palm
Valley Channel, as well as down Edgehill, to do a decent job of doing some
landscaping in there to lower the impact of looking at the back end of the Target
store. I can't imagine anyone finding that a particularly auspicious thing to view as
they go along, or to have outside their front door, and whether the developer should
have done it or not, we're stuck with it. We need to tend to it.
On aesthetics, I think Mr. Lennon's comments are well taken. This is a very
different center than Desert Crossing. Desert Crossing is a bold statement of one
type of architecture, and some people like it very much, and other people think it
belongs in a discount vinegar bottle, but like that or not, I have every confidence that
the aesthetics of this project will be high, although I certainly would never vote, I
don't think, for towers that are 50-some feet high in spite of staffs opinion. Or 53,
or whatever it happens to be. Mainly because the other places where we had some
of those are not directly adjacent to residential areas. Right here we are talking
about sticking that stuff in somebody's view scape, and I don't think that's
acceptable. I just flat don't think it ought to be done.
JMB It's 55.
BAC Well, yeah. And that to me, if, maybe, maybe it's just one vote. I'm not enthused
with that. On the zoning. The darned thing is zoned right now for a, a hundred
thou, or 80,000 op and 20,000 commercial. I understand, I think, the tension
between business and residents. The growth in our retail sector is good, it attracts
more growth, and our Chamber of Commerce, I think, has been more responsible
and responsive to community needs than probably any other chamber that I know of
in this valley, and our relationships are darned good. But I think there is an obvious
and, and very real tension between the needs of the business community and their
perception, and the needs of somebody who lives right next door to something. And
I have a feeling that some people that sit on one side of this as residents might sit on
the other side as business owners. They didn't live nearby, and I suspect there are
some business owners whose enthusiasm would drop markedly if their address was
directly across the street. That doesn't make them either right or wrong, just saying
there's a necessary tension. I would like to look at this area, it's zoned for 100,000
square feet. I don't see anything in any of these documents that justifies the
expansion of that to 125,000 square feet. Whether that 125,000 square feet is, is
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JMB
BAC
office professional whether it's commercial, or whether it's anything else, I don't see
anything that justifies an increase in square footage. I'd like to look at what happens
to this project within the recommended existing envelope, which was a comprise
from the local folks who wanted it to stay residential five years ago, and we said no
it's going to shift over to this. We set a fairly low square footage on it for some
obvious reasons, because of buffering to neighbors. As an example, and I'm sure
this may not be appropriate or anything else but, shop a, which is the one building
that backs up against Painters Path is about 13,000 square feet. That building not
being there might provide a much better view scape for people who live in Sandpiper
off over towards the highway assuming the buffer and everything exists and creates
a somewhat different kind of atmosphere. Pad one, which is the other one that is
adjacent is about 7,000 square feet. It might be an appropriate area for the City to
do something and maybe even be involved in a process perhaps financially to do
something in that area as an entrance to El Paseo or as a number of other kinds of
things, and I don't know if that's a good idea or not, but I'm not convinced there's
a need to increase the square footage, whether the square footage is OP or whether
its commercial, and I'd certainly like to look at that issue before casting a ballot
myself. Those are, are my comments.
I think one other issue on the traffic, in looking at that also is the, the back entrance
in where they're going to let the trucks in. If a truck is turning in, right in there, it's
going back traffic up down to the other, farther down because it takes a wide swing.
The truck.
I think the folks that mentioned the traffic issue with trucks, we need to have our
traffic engineer in here or perhaps Mr. Lennon's traffic engineer could come in and
explain to us how that would work in a way that would not, in essence, back traffic
on Highway 111. I am convinced, by the way, as a side note, that when you
combine the normal increase in, traffic in Highway 111 and when you combine what
we would have if we develop this as OP, that the additional percentage of traffic, if
handled properly, is not significant in terms of overall numbers of cars. If handled
improperly, if you develop this thing as office professional, it'll be poorly done.
We've got examples in the rest of that Palms to Pines center that you can tell a local
from a visitor by how many little side roads you dart through to get from the
Thrifty's over to Von's. And, you know, it's laid out incredibly poorly in
retrospect. I'm sure it wasn't at the time. So I think we need to look at some of
those issues yet.
RSK Councilman Snyder do you have any comments?
WHS Well, being the youngest...I've been around here for a long time. I've been here
when we just a village, and I enjoyed it. I wanted everybody else to go away and
— Ieave us alone. I came out here and found it after 34 years of a corporation running
all over the world, and I found a wonderful place to live. I fell so in love with it
that I determined that I was going to live here the rest of my life, and that I did. I
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bought my first home after several summers of enjoying it, and I bought my first
home in 1967. I got interested in the City in 1976 when we had a terrible flood.
We just about wiped out the City. We wiped out the golf course that I was president
of. And in the process of that and trying to find ways and means of making that
never happen again, I got involved with the City. One of those situations, if you're
so damned smart and telling us what to do, join us. So I did. I've been with the
City since 1977. I spent three years on the Planning Commission, been on the
Council since 1980. I've watched our city grow from a village to what it is today.
I'm very proud of what it is today. I'm proud of what we have developed. I'm
proud of the wonderful life that we have. I'm proud of the fact that there isn't a
restaurant of any kind of food that you can think of prepared any way you can think
of is here. I can go and buy anything I want here, somewhere in this city. I think
we have progressed to such an extent that we are a leading city in this valley. I think
that we have progressed so that we have parks, we have libraries, we have schools.
I can remember a group of us that went to Sacramento trying to force them to give
us money to build the first high school. So I believe I've been a part of the City.
I believe I've been a part of your wants. I've listened to people. I have an open
phone number. I'm, I work at this job. I don't spend an hour down here. This is
a full-time job, this is my day, daytime job and Saturdays and Sundays. My job is
try to find out what you people want which would make us a better place to live.
Now that gets difficult because there are groups that want certain things and there
are groups that does not want certain things.
There are groups that look at this way and groups that look at it that way. I have
tried extremely hard, I have some of your people tell you, I've talked to your
people, I've met with them, I've been, I have discouraged at least three or four
projects for this area because I didn't think it was proper. The thing that concerns
me is that something is going to go on that piece of property. It doesn't make logical
sense, if any one of us owned it, that we wouldn't develop something on it. It's a
piece of property that's valuable. It's the last piece of property on the commercial
zone. It's the only piece of property on 111 that's not developed as a commercial
zone of our valley. So I have approached that after being part of turning down four
other projects that were set to be put on that piece of property because I didn't think
they created the type of thing that we wanted there, and particularly against the
people who live there. Who bought there way back? I looked at your property in
1969, I think it was. And I almost bought in there, but I found another place. I, I,
I believe that through eight months the Lowe people have been trying to find a way
to make this place compatible. There are certain things about it that can never be.
That's been talked about here. I came prepared tonight to tell you that I thought,
that I don't think that we're ever going to find a piece that's going to satisfy
everybody. But I think we're going to find that there is something going on there,
and I felt that the money that they have poured in, doing the landscaping and
protecting your property was going to sway my vote to vote in favor of this project.
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RSK
But I've listened to a lot of things tonight, a lot of concern. But (inaudible) must be
honest with you, I still feel in that direction. But I also have to take the things that
the councilman, other people here have talked about and there probably are some
ways that we could correct that. Maybe Buford's idea of reducing the project down
would help. I believe that I'm going to suggest that I'm not prepared, nor do I want
this project turned down. I would like to, and I'm sure the project's not going to be
too happy about it, but I would like to, to take, as a suggestion, and the Council will,
of course, will do as the Council directs, fortunately, no one people, person, runs
this city. The Council does their best to find a way to get along and get along with
the people that make it happen. Maybe we should continue this matter for two, four
weeks while we look into the suggestions that have been brought forth here tonight
and see if there is a way that we can compromise and find a way to live together.
That's a suggestion, and I'm sure that I'll hear a lot of remarks about it. Thank you.
I suppose everybody has to have something to say. You all thought you were going
to come down here and talk to us. You didn't know we were going to spend that
much time talking to you, did you? You see, see what happens? You wish you
could limit, limit us to five minutes, huh? I'm, I'm going to make my decision
tonight on about four items here. They're going to be very, have a large weight with
me. One of them is compatibility. I think the project, when we do projects, they
have to be compatible with adjacent projects, and I feel very strongly about zoning.
We zoned something, usually our general plan, we've tried to measure out the
different zones, commercial, office professional, residential, and we've done that.
We do have a general plan and usually the impetus to change a zone is because we
need something and I, I don't know. I, I think we're getting to the place where we
probably have all the commercial we need.
And then the other thing is some locations just won't handle the traffic. I mean it
would be wonderful to say that staff has to look at the traffic and do something about
it before you approve a project, but sometimes the very design that's gone in, and
the projects that have been developed place a piece of property in a position where
there's certain things that you cannot put on there because you just absolutely cannot
mitigate that much prop, traffic. And so I, I think that, that's the case that we have
here.
And then that bridge, when we approved Desert Crossing I thought we were going
to get a golf cart bridge. I, I was led to believe that when I voted yes on Desert
Crossing that I was going to get a golf cart bridge, and I think I was deceived and
so I'm a little bit, I don't feel real good about the way, the way that came out, and
now I find out not only did I not get a golf cart bridge, I'm supposed to pay for a,
a bridge. That doesn't sit too good either. So with that, I guess the Council needs
to give some kind of direction which way you want to go.
BAC For me, I would like to see the issues at least that some of have brought up this
evening looked at. If I had to vote on this as it sits right now, my vote would not
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JMB
RSK
be affirmative. And that's not to say that it couldn't be if, if there were things done.
But, and, and when Dick came and asked some weeks ago to have this and some
folks wanted it a month later or some years later, and he wanted it right away and
we decided on this evening, I think one of the comments that was made afterwards
is that it's not common after one public hearing for something of this importance to
automatically receive a "yes". It may very well receive a "no". But Desert
Crossing, as an example, went through more than one or two whacks before it
finally got to where it was acceptable. And we can argue the goods and bads, and
I think, as I say, it's made a major financial contribution to our community and it's
made us a lot healthier in terms of the things it let us build, parks and everything
else. But there are some problems still there. So I, for one, am willing to look at
these issues and I think, I think Councilman, the Mayor has an excellent comment
at the very base of this city is a very, very firm commitment to residents in terms of
our belief in the quality of their life. And then comes making sure that we have a
healthy business economy, and those can't always exist together. On the other hand,
they can't always oppose each other in that. But I think I need to at least see if I can
find a marriage of them in this case, and perhaps there's not one possible.
If we're going to look at it, I would also look, and I'd asked before and hadn't seen
it, and I'm sure the Council recalls, we put $2.5 billion in Desert Crossing because
it wasn't going to be feasible for them to build it unless we paid for the
infrastructure. I would like to see what it would cost us to make that office
professional so that we could get this issue resolved once and for all and hold to our
promise that, that's's what it was going to be, and be a buffer and go on and fill up
the lot. It'd still be a nice entrance to El Paseo. Some of the commercial that's in
Rancho Mirage on 111 is the best -looking commercial along there. So I don't see
any reason that it has to be, I mean it's office professional, and look at One Hawkeye
Place, it's one of the nicest ones in Rancho Mirage. That's a low story office
professional. It's a good buffer also to come down El Paseo, so I would like to see
what it would take from us to make that corner office professional. We put so much
money in Desert Crossing.
I just... hear a suggestion to continue this. It has had quite a few public hearings,
but my problem is that if, if there's not the vote here to put change of zone and make
something commercial, then there's not much use to spend a couple of months trying
to massage it. Maybe there's the votes to do that.
BAC My issue is that I want to look at this darned issue and see what can be done in that
kind of marriage.
RSK All right.
BAC So.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 1997
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RSK
Well I agree with Jean that in, that I think we need to look for, for something else.
I just don't think that, that, that any kind commercial is going to work out there.
Both traffic problems and compatibility with the neighbors. Now, you see the
Sandpiper is across the street from the other development up there, but there's a two-
lane divided road with a median, and this is not a two-lane divided road with a
median. This is just a narrow neighborhood road, that's a big difference.
BAC Yeah.
RSK So I just don't see how, how a commercial can be compatible whosever fault it is or
whoever did the planning that put, put residential there, it, it did happen. So we're
stuck with it. Because the street I live on carries 6,000 cars a day, and it's a
residential district. Well, I'm stuck with it. Somebody did some bad planning some
time, but I'm stuck with it. Well, we're not stuck yet here. We still have the
opportunity to do something different, and that's a narrow road right across from
residential property, and I just don't think that, you know, we can continue it 'di
doomsday, and I don't, and I'm still not going to vote to change the zone to
commercial.
RAS Well, I'm going to make a motion that we continue it.
— BAC And look at options such as suggested by Council member Benson.
RAS Sure. Look at any option. But to keep it alive.
WHS I won't go along with that because I think we need to look at it once again of the
total picture. And I would like to see us do that.
RAS Is that a second?
WHS Buford seconded it.
RAS Are you seconding it?
RSK No, I don't think he did.
BAC I so would.
RSK Oh, did you, or?
BAC I have.
RSK Oh, okay.
BAC There.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 1997
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RSK Well, I could vote in favor of continuing it if we were exploring other ways to solve
the problem.
BAC I, I don't have a bias against exploring other ways as well as exploring the issues that
I've mentioned here in terms of Mr. Lennon's development. I think he's worked in
good faith on this, and I, at least, am willing to look at these issues with him
respecting the differences in, my, with colleagues who believe that it is not possible
to get there, therefore, with either two or three members of the Council believing
that we need to explore other options as well.
RSK There, you're going to have cut a lot of space in between the residential and
commercial there.
BAC I'd also note that with the existing plan, somebody could put commercial right there
now, except they'd put 20,000 feet and it could end up closer. I'm just saying there
are a lot of things we could have under the existing zoning that might not be as good
as this, and there's some things we could do without changing the zoning that might
be better than this. So, why not look. I do know one thing. The developer has a
need and would like to be out to the shopping center conference tomorrow morning
to sign some leases, and I don't blame him at all for that. But I don't believe that
the higher needs of the City need to be answered between now and tomorrow
morning.
JMB
Well, I agree with Dick. I don't mind going on with the continuance to look at the
issues but certainly of not anything that considers commercial on that because I think
that's a break of our bond to what we said we would do that we would put a buffer
in there, and office professional if you're looking at, at the probably toss the coin.
Sure we've got office professional vacancies, but it's also a desirable location, as
I've heard a lot of people say, that they would like to have law offices and dentist
office and other things on that corner. It's a highly visible corner coming into El
Paseo, and it can certainly be a compliment to them to be an office professional
complex, and I would like to see what it would cost to make it that way. We've put
in that money, as I said, in Desert Crossing. If it takes some of our money to make
it right, let's make it right. So I would like to.
RSK Well, its been moved and seconded that we continue this.
SRG Mayor Kelly, could I ask how, how long of a continuance? Mr. Drell would like to
know. Is it a two week or a 30-day?
RAS (inaudible)
BAC I don't think that we can accomplish anything of any quality in a two -week period
and that's, that's foolish to do to anybody.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 1997
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RAS Thirty days.
SRG Thirty days? The second meeting in October?
RAS Yes.
SRG The 23rd?
RAS Yes.
SRG Thank you.
RSK Any other discussion? Please vote.
SRG The motion carries by a 4-1 vote, with Mayor Kelly voting no.
For purposes of clarification, the City Council/Redevelopment Agency Board took the
following action: Councilman/Member Spiegel moved to continue the matter to the regular meetings
of October 23, 1997. Motion was seconded by Councilman/Member Crites and carried by a 4-1
vote with Mayor/Chairman Kelly voting NO.
B. REQUEST FOR APPROVAL OF STREET RIGHT-OF-WAY ABANDONMENT --
IRONWOOD COUNTRY CLUB AREA.
Mr. Diaz stated that Mr. Folkers was here to provide a report and answer any questions.
Mr. Folkers noted the staff report in the packet. He stated that this issue relates back to action
taken in July 1973 when the development was underway , and unfortunately for the people
involved, there was dedication of public right-of-way which, since that time, is no longer
necessary. Therefore, it is the staffs recommendation that Council waive further reading and
adopt Resolution No. 97-84 vacating this certain public right-of-way.
Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or
OPPOSED to this request. No testimony was offered, and he declared the public hearing
clWd.
Councilman Spiegel moved to, waive further reading and adopt Resolution No. 97-84 vacating
certain public right-of-way as shown on that certain "Declaration of Dedication" dated July.7, 1973, and
recorded August 2, 1973, as Instrument No. 101717, Official Records Riverside County under the
provisions of Part 3, Division 9, of the Streets and Highways Code of the State of California. Motion
was seconded by Benson and carried by unanimous vote.
C. REQUEST FOR APPROVAL OF PROPOSAL BY DESERT MASSAGE ASSOCIATES FOR
A UNIFORM VALLEY WIDE MASSAGE THERAPY ORDINANCE AND REQUEST FOR
EXEMPTION FROM CURRENT LOCATIONAL RESTRICTIONS To OPERATE A
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 1997
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MASSAGE ESTABLISHMENT AND HEALTH PRODUCT RETAIL STORE AT 74-121
HIGHWAY 111.
Mr. Diaz stated that Mr. Drell would provide the report.
Mr. Drell noted that massage providers are regulated along with bathhouses and escort services
dating back to a particular problem with some illicit activities associated with a massage parlor
in town 10-15 years ago. Since that time, the massage industry has changed and has become
a fairly important part of the resort services that people expect and avail themselves of in Palm
Desert. Therefore, two things are requested: 1) A request from Ms. Kelly Yamada, a
respected massage professional to open a massage establishment on Highway 111, which
requires an exemption from our current ordinance; 2) She and staff have come up with a
revision to our current ordinance which is more in keeping with the current state of the
massage industry. Based upon the material she has provided and her reputation, staff
recommends approval of an exception allowing her to open her establishment. This has
already been reviewed by the Planning Commission at public hearing and has received
approval of a conditional use permit (CUP) contingent upon approval of the exception by the
Council and to direct staff to work with her, the resort/spa industry, and the Sheriff to revise
and polish the draft ordinance before you to come back at a later date.
Councilman Spiegel asked about the problem 10-15 years ago.
Mr. Drell responded that there was one establishment prior to the City adopting any sort of
regulation whatsoever which caused a problem. Since that time, regulations were instituted
including a very strict background check through the federal Department of Justice on anyone
engaged in the industry, and this has been a very effective screen for problems such as
experienced in the past.
Councilman Spiegel asked if these same restrictions would apply.
Mr. Drell replied affirmatively and added that staff is proposing to increase the number of
training hours required.
Mayor Pro Tempore Benson asked if the new regulation would still always require a CUP.
Mr. Drell said that this was correct.
Mayor Kelly stated that, in other words, we are not changing the ordinance or our restrictions
overall. In this case we are just granting an exception here. He asked if for future such cases
it would be possible to deal with them on a case -by -case basis.
Mr. Drell advised that this would probably not be in the best interest of the City. He said it
would be a better situation for the City to establish a uniform criteria by which to approve
these requests. He added that it would probably be easier for the City Attorney to answer this
question.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 1997
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Mr. Erwin stated that if there are criteria which need to be reviewed to modify our ordinance,
— then we should do that. He added that we are not suggesting that the Council do that tonight,
just to allow staff to work on this and recommend an appropriate modification.
Councilman Crites asked if what was being asked in this case, as well as the study of this, has
the approval or the recommendation of our local police department.
Mr. Drell responded that it was the police department's feeling that a background check has
been an effective screen for this type of business. He stated that the application before the
Council tonight has already been through this background check as an individual practitioner
of massage. He assured the Council that staff will work closely with the Sheriff on the
ordinance.
Councilman Spiegel asked if this then meant that the police department had signed off on this
specific case.
Mr. Drell replied that it is signed off in the respect that our ordinance now requires the
applicant to obtain a full background check as an individual, then a second check for the place
of business.
Mayor Kelly asked if they had signed off on this recommendation.
Councilman Spiegel asked for Captain Bloomquist to respond.
Captain Bloomquist stated that _ their department has _no objection to this change as
recommended by staff.
Mayor Kelly declared the public hearing n and invited testimony in FAVOR or OPPOSED to this
request.
MS. MEG FIRESTONE, owner of J Russell Beauty Salon and Day Spa on El Paseo, Palm
Desert, stated that the majority of their clientele comes to them from seasonal residents and
visitors, both men and women, who have desert resort homes or are referrals from the Visitors
and Convention Bureau. She added that her establishment would very much like to see this
go forward, that they do use Ms. Yamada for the screening of their associates and encouraged
the Council to vote in favor of the request.
With no further testimony offered, Mayor Kelly declared the public hearing closed.
Councilman Crites moved to, by Minute Motion, l) Grant Mrs. Yamada an exception to the
locational criteria allowing her to open her business based on her professional reputation and requirement
that all her therapists possess at least 500 hours of training; and 2) Direct staff to work with Mrs.
Yamada, the resort and spa industry and the sheriff to develop an amended ordinance consistent with the
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 1997
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current status of the massage profession. Motion was seconded by Spiegel and carried by unanimous
vote.
XVII. ORAL COMMUNICATIONS - D
None
XVIII. ADJOURNMENT
Upon motion by Spiegel, second by Crites, and unanimous vote of the City Council, Mayor Kelly
adjourned the meeting at 9:40 p.m.
ATTEST:
SHEILA R. GILLIGAN, ' TY CLERK
CITY OF PALM DES
RIC ARD S. KELLY, AYOR
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