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Home My WebLink About1998-08-27MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Benson convened the meeting at 4:06 p.m. H. ROLL CALL Present: Councilman Buford A. Crites Councilman Richard S. Kelly Mayor Pro-Tempore Robert A. Spiegel Mayor Jean M. Benson Excused Absence: Councilman Jim Ferguson Also Present: Ramon A. Diaz, City Manager Robert W. Hargreaves, Deputy City Attorney Carlos L. Ortega, RDA Executive Director 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 Patrick Conlon, Director of Building & Safety Phil Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer David Yrigoyen, RDA Manager Teresa LaRocca, Housing Manager Rudy Acosta, Development Manager Dennis Coleman, RDA Finance Manager Rachelle D. Klassen, Deputy City Clerk With Council concurrence, Mayor Benson suspended the Agenda at this point in the meeting to make a special presentation. She stated it was her privilege to do so in order to honor Mr. Todd Henneman, Palm Desert's correspondent for the Desert Sun, who was leaving to take a position for the San Francisco Chronicle in its San Jose office. She added that the City was sorry to lose Mr. Henneman for the excellent job he did with the attention given Palm Desert in his numerous reports. She then turned the presentation over to Mrs. Gilligan. Mrs. Gilligan stated that Mr. Henneman had been in the desert for approximately two and a half years, and in the 23 years she had been working with reporters, he was the best she had ever had the pleasure of working with in his commitment to fair and accurate reporting. She then presented an engraved plaque to Mr. Henneman which expressed these sentiments. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. TODD HENNEMAN graciously accepted the plaque and said it had been totally unexpected. He said he felt very fortunate to have been able to cover the City of Palm Desert and to become familiar with everyone. He referred to the City Council members and said he felt the people of Palm Desert were very fortunate to have them as their City Council and fortunate to have the City's staff. He said he would miss everyone here. III. CONSENT CALENDAR A. - MINUTES of the Regular City Council Meeting of July 9, 1998, and the Special Joint City Council/Redevelopment Agency Meeting of August 10, 1998. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 63, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 2PD Office Complex, 4PD Office Complex, 5PD Office Complex, 10PD Office Complex, 11PD Office Complex. This item was removed for separate consideration under Item IV, Consent Items Held Over. Please see that portion of the Minutes for discussion and action taken. C-1. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Nancy Lee Finnegan and Ralph Henry Finnegan for The Original Crunchy Grinder, 74-868 Joni Drive, #1A, Palm Desert. Rec: Receive and file. C-2. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Tommy Bahama Palm Desert, LLC, 73-545 El Paseo, Suite 2200, Palm Desert. Rec: Receive and file. C-3. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Marriott Hotel Services, Inc., 74-855 Country Club Drive, Palm Desert. Rec: Receive and file. C-4. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Frank H. Ou and Jessie Cheuchen Ou for Atlantic Fish & Chips, 73-850 Highway 111, Suite B, Palm Desert. Rec: Receive and file. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C-5. APPLICATION FOR ALCOHOLIC BEVERAGE TTCENSF, by Marriott Resorts Hospitality Corporation for Marriott, 1091 Pinehurst Lane, #A, Palm Desert. Rec: Receive and file. C-6. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Jenalex, Inc., for Swensen's, 72-840 Highway 111, Suite D156, Palm Desert. Rec: Receive and file. D-1 MINUTES of the Art -In -Public -Places Subcommittee Meetings of May 12, 1998, and June 17, 1998. Rec: Receive and file. D-2 MINUTES of the Promotion Committee Meetings of May 19, 1998, and June 16, 1998. Rec: Receive and file. D-3 MINUTES of the Civic Arts Committee Meeting of June 8, 1998. Rec: Receive and file. D-4. MINUTES of the Golf Course Committee Meetings of June 8, 1998, and June 16, 1998. Rec: Receive and file. D-5. MINUTES of the Housing Commission Meeting of June 10, 1998. Rec: Receive and file. D-6. MINUTES of the Library Committee Meeting of June 10, 1998. Rec: Receive and file. D-7. MINUTES of the Citizen's Advisory Committee for Project Area No. 4 Meetings of March 16, 1998, and June 15, 1998. Rec: Receive and file. D-8. MINUTES of the Rent Review Commission Meeting of May 12, 1998. Rec: Receive and file. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E-1. RESOLUTION NO. 98-93. - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Files from the Department of Building and Safety That Have Been Microfilmed (June 1998). Rec: Waive further reading and adopt. E-2. RESOTUTION NO. 98-94 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Files from the Office of the Director of Finance That Have Been Digitally Imaged. Rec: Waive further reading and adopt. F. REQUEST FOR APPROVAL of Agreement with Diehl, Evans and Company/Oscar Armijo Joint Venture to Provide Additional Audit Service for Desert Willow Golf Resort. Rec: By Minute Motion, approve Contract No. C14770 with Diehl, Evans and Company/Oscar Armijo Joint Venture for additional audit services for Desert Willow Golf Resort and authorize the Mayor to execute the agreement. G. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C13450 for the Replacement of Seven Main Entry Doors for the City's Americans With Disabilities Act (ADA) Transition Plan. Rec: By Minute Motion, approve Change Order No. 1 to the subject contract with Pacific Architectural Systems in the amount of $7,798.00 and appropriate additional funding for same from the Construction Tax Fund Account No. 231-4161-415-4040. H. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C14280 with Oaktree Learning Systems, Inc., for Customer Service Training. Rec: By Minute Motion, approve Change Order No. 1 to the subject contract in the amount of $1,000.00 and authorize the transfer of funds from contingency to base. I. REQUEST FOR ACCEPTANCE OF WQRK for the 1997 Slurry Seal Program (Contract No. C11820, Project No. 751-97) (California Pavement Maintenance, Sacramento, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * J. REQUEST FOR ACCEPTANCE OF WORK for Portola Avenue and Hovley Lane East Street Improvements and Signal Installation (Contract No. C12610, Project No. 638-97) (Cooley Construction, Victorville, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. K. REQUEST_EDRAPPROIAL of Final Tract Map 28750 (WDC Corporation, Applicant). Rec: Waive further reading and adopt Resolution No. 98-95 approving the subject tract map. L. REQUEST FOR AUTHORIZATION to Release Grading Improvement Security for Tract 27520-1 & 2 (Bighorn Development, L.P., Applicant). Rec: By Minute Motion, authorize the City Clerk to release the subject improvement security. REQUEST FOR APPROVAL of Refund of Business License Fees for Sally's Boutique, 73-990 El Paseo, Suite 9, Palm Desert. Rec: By Minute Motion, approve a refund in the amount of $37.50 for Catherine and Edmundo Gonzalez, owners of Sally's Boutique, business license number 97-6687. N. REQUEST FOR APPROVAL of Refund of Business License Fees for Proud Designs, 220 Desert Holly Drive, Palm Desert. Rec: By Minute Motion, approve a total refund of $45.00 for Darlene Proud, owner of Proud Designs, business license number 98-18436 from FY 1997/98 budget. O. REQUEST FOR WAIVER of Business License Late Penalty Fees for Big Scoop Yogurt. Rec: By Minute Motion, waive the penalty fees in the amount of $120.00 for Big Scoop Yogurt. P. REQUEST FOR WAIVER of Business License Late Penalty Fees for The Resale Office, 77-333 Country Club Drive, Palm Desert. Rec: By Minute Motion, waive the penalty fees in the amount of $91.00 for Howard Gurvitz, owner of The Resale Office at Palm Desert Resort. M. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Q. REQUEST OR WAIVER of Fees Associated with Big Brothers/Big Sisters of The Desert 5K Run/Walk in Civic Center Park. Rec: By Minute Motion, waive fees associated with Big Brothers/Big Sisters of The Desert 5K Run/Walk to be held Sunday, September 13, 1998, in Palm Desert Civic Center Park. R. REQUEST FOR WAIVER of Fees Associated with City of Hope Lauren's Run in Civic Center Park. Rec: By Minute Motion, waive fees associated with City of Hope Lauren's Run scheduled to be held on Saturday, November 14, 1998, in Palm Desert Civic Center Park. S. REQUEST FOR WAR of Fees Associated with The National Multiple Sclerosis Society's Annual Fund Raising Walk-A-Thon in Civic Center Park. Rec: By Minute Motion, waive fees associated with the National Multiple Sclerosis Society's annual fund raising walk-a-thon scheduled to be held Sunday, April 11, 1999, in Palm Desert Civic Center Park. T. REQUEST FOR CONSIDERATION of Request from USTA Men's Professional Satellite Tournament to be Held at Shadow Mountain Resort. Rec: By Minute Motion, refer the request by Shadow Mountain Resort & Club for funding of $12,500.00 to sponsor a USTA "Kids Tennis Carnival" scheduled to be held in Palm Desert on September 30, 1998, to the Palm Desert Promotion Committee for its review and recommendation. - U. REQUEST FOR APPROVAL of Out -Of -State Travel for Landscape Manager to Arborists Conference. Rec: By Minute Motion, approve attendance by the Landscape Manager at the Attending Society of Municipal Arborists Conference in St. Louis, Missouri, September 27 - October 1, 1998. Mayor Pro-Tempore Spiegel requested Item B be removed for separate consideration and discussion under Item IV, Consent Items Held Over. Upon a motion by Crites, second by Spiegel, and 4-0-1 vote of the City Council with Councilman Ferguson ABSENT, the remainder of the Consent Calendar was approved as presented. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IV. CONSENT ITEMS HELD OVER B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 63, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 2PD Office Complex, 4PD Office Complex, 5PD Office Complex, 10PD Office Complex, 11PD Office Complex. Mayor Pro-Tempore Spiegel said he had requested separate consideration of this item for one item which appeared monthly on the warrant registers, Booking Fees the City of Palm Desert paid the County of Riverside for booking of criminals. He noted these applied to anyone arrested in the City of Palm Desert. He understood that discussion had taken place at the County level that these booking fees, paid by all cities, might be eliminated, and for Palm Desert they amounted to over $150,000.00 per year. He commented that most people arrested never went to jail, and asked staff to investigate the matter in order for the City to save this expenditure. Mayor Pro-Tempore Spiegel moved to, by Minute Motion, approve the Claims and Demands against the City Treasury as presented. Motion was seconded by Crites and carried by a 4-0-1 vote with Councilman Ferguson ABSENT. V. RESOLUTIONS A. RESOLUTION NO. 9X-96 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING AN APPEAL AND AFFIRMING THE PLANNING COMMISSION DECISION DENYING A REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW A 2-FOOT BY 4-FOOT OUTDOOR CLOTHING DISPLAY OF WOMEN'S APPAREL IN FRONT OF THE CITY LITES BUSINESS LOCATED AT 42-335 WASHINGTON STREET, #J. Case No. CUP 9S-6. Mr. Diaz noted that this resolution implemented the decision of the Council at the public hearing conducted July 9, 1998. Mayor Pro-Tempore Spiegel moved to waive further reading and adopt Resolution No. 98-96. Motion was seconded by Kelly and carried by a 4-0-1 vote with Councilman Ferguson ABSENT. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. RESOLUTION NO. 98-97 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $4,480,000 AGGREGATE PRINCIPAL AMOUNT OF CITY OF PALM DESERT ASSESSMENT DISTRICT 94-1 (BIGHORN), SUBORDINATE LIMITED OBLIGATION IMPROVEMENT BONDS, 1998 SERIES B, AND THE EXECUTION AND DELIVERY OF A SUPPLEMENTAL FISCAL AGENT AGREEMENT, A CONTINUING DISCLOSURE AGREEMENT, A PURCHASE CONTRACT AND AN OFFICIAL STATEMENT, AND APPROVING A PRELIMINARY OFFICIAL STATEMENT IN CONNECTION THEREWITH. Mr. Dennis Coleman, Redevelopment Agency Finance Manager, stated this item of business related to the 1994-1 Assessment District, the original Bighorn, known now as the Mountains of Bighorn. He said the District had been created in 1994 with an issuance of bonds known as Series A, which included bonds for public improvements needed for the development on a tax exempt basis. He said they were now ready to issue Series B. Mayor Pro-Tempore Spiegel moved to waive further reading and adopt Resolution No. 98-97. Motion was seconded by Kelly and carried by a 4-0-1 vote with Councilman Ferguson ABSENT. VI. ORDINANCES For Introduction: None For Adoption: Mr. Diaz noted there had been no changes since introduction of the following two ordinances and staff recommended their adoption. The following two ordinances were considered jointly with one, combined vote taken by the City Council. A. ORDINANCE NO. 883 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO SECTION 25.58.310 CONCERNING THE OFF-STREET PARKING SCHEDULE FOR MEDICAL AND DENTAL OFFICES AND CLINICS. Case No. ZOA 98-4 Councilman Crites moved to waive further reading and adopt Ordinance Nos. 883 and 884. Motion was seconded by Spiegel and carried by a 4-0-1 vote with Councilman Ferguson ABSENT. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. ORDINANCE NO. 884 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DISSOLVING THE ECONOMIC DEVELOPMENT ADVISORY COMMi ht, BY RESCINDING ORDINANCE NO. 775 AND DELETING CHAPTER 2.26 OF TITLE 2 OF THE PALM DESERT MUNICIPAL CODE. Councilman Kelly noted he heard some concern with regard to the committee formerly known as the Economic Development Advisory Committee. He stated that interviews had been conducted, qualified applicants were selected, and he hoped that they could be placed in other vacancies where they could continue to participate for the good of the City. Mr. Diaz stated that staff was preparing a report related to the reorganization of the Economic Development Advisory Committee which he anticipated bringing to the Council in September. Councilman Crites moved to waive further reading and adopt Ordinance Nos. 883 and 884. Motion was seconded by Spiegel and carried by a 4-0-1 vote with Councilman Ferguson ABSENT. VII. NEW BUSINESS A. CONSIDERATION OF REQUEST RELATIVE TO 1998 PALM DESERT GOLF CART PARADE. Mrs. Gilligan noted the staff report for the item. She said the Community Affairs Specialist, Pat Scully, had been meeting with the Golf Cart Parade Committee, and the Committee requested holding the finale of the parade on El Paseo to coincide with the grand opening of the Gardens on El Paseo rather than crossing Highway 111 and Fred Waring Drive and concluding in Civic Center Park. She stated that staff concurred with the Committee and recommended holding the event on El Paseo this year emphasizing that it would be on a trial basis with the idea that it might continue to do so in future years, depending upon the success of this year's event. She said that after checking with both the Sheriff's Department and Palm Desert Police Department, both concurred that conducting the event on El Paseo was a good move-- that crossing two busy thoroughfares was difficult. Mayor Pro-Tempore Spiegel expressed his concern for the closure of El Paseo from Portola Avenue to Highway 74 for the hours of 6:00 a.m. to 6:00 p.m. on the day of the event, Sunday, November 8, 1998. He wondered whether all the merchants on El Paseo had been polled for their input on this action. Mrs. Gilligan responded that earlier this afternoon, discussion had taken place with regard to this concern, and that the Committee had spoken to the El Paseo Business Association but thought that it should make a more concerted effort in reaching all the merchants on El Paseo to be certain there was concurrence. She said that Mayor Pro-Tempore Spiegel had recommended that Business Support Manager Ruth Ann Moore make personal contact with each business to see if they agreed. She went on to say that another idea was to conduct a 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * meeting with all the merchants on El Paseo, inviting them to come to the Civic Center after hours in order to explain the event and be certain concurrence existed. She noted that Ms. Sonia Campbell was present in the audience and might be able to provide the Council with more input. Ms. Ruth Ann Moore, Business Support Manager, stated that a survey of the El Paseo Merchants Association had been conducted by their advertising agency in a flier distributed to all the merchants on El Paseo who were currently open. She said questions on the survey included location, keeping the street open, keeping the street closed, and having the parade stay. She said 29 responses were received and all were in favor. Councilman Crites noted that this was Mayor Pro-Tempore Spiegel's and his concern-- that those who did not like it would remember that they were never contacted, and if they had, they would have been against the idea. He emphasized the need for assistance to the Business Association to assure that a representative sampling of their group was made. Mrs. Gilligan reminded the City Council that most El Paseo merchants did not have Sunday business hours and felt this was Ms. Moore's point, that the 29 who were open were in favor of the event being held there. Ms. Moore added that from the Committee's standpoint, they would encourage more businesses stay open on the street, restaurants and various organizations which would be able to profit from people walking past. Upon question by Mayor Pro-Tempore Spiegel, Ms. Moore answered that the Gardens on El Paseo was in favor of the event being held on El Paseo, adding that they were one of two major sponsors for the event. Mayor Pro-Tempore Spiegel suggested approving the request, and based upon Ms. Moore's discussion with the merchants, close El Paseo as far as was agreed to by them. MR. CHUCK WIESBART, resident of Palm Desert, owner of It's In The Bag located in Desert Crossing, Palm Desert, expressed his concerns for changing the event location for 1998. He said that in his opinion the greatest part of the Palm Desert Golf Cart Parade was the family orientation it had always maintained, enhanced by the use of Civic Center Park at the end of the parade route for the enjoyment of children and families who wanted to play or picnic there. He admitted that the strategic closure of Highway 111 and Fred Waring for the parade was not a convenient traffic situation, but felt the closure of both streets for two hours on one Sunday afternoon was far less than the road construction shutdowns all residents had experienced the past few years on Highway 111. He said that if the street could be closed at the inconvenience of the public for the purpose of road improvement, he thought it a poor excuse not to close the road for the purpose of improving the community so that children could run, play, and enjoy the recreation center that all the taxpayers and citizens had worked so hard to create in the 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Civic Center Park. He stated that the addition of the Gardens on El Paseo was wonderful, and the concept of ending the parade there was very interesting. However, he questioned how all the other longtime merchants throughout the City would feel when the newest retail center got the parade in their backyard the year they opened. He felt it unfair to the other merchants and unfair to the kids who wanted to play baseball, softball, or throw a ball or Frisbee in front of Saks at the end of the parade. He stated that the Golf Cart Parade was a complete community event and felt it inappropriate that it would conclude in a commercial district rather than in the park. Mrs. Gilligan responded that the City's 25th Anniversary Grand Finale Celebration was planned for Civic Center Park on November 22 including a free picnic for all Palm Desert residents. She said plans for this event, to be held two weeks following the parade, were taken into consideration when requesting the parade be held entirely on El Paseo. Councilman Crites stated that the Golf Cart Parade usually lent itself to residents bringing their kids and their orientation was toward being in an open space, taking part in activities that were traditionally held noting that there was not any space on El Paseo for many of those things. Councilman Kelly noted that on the other hand, there was space on El Paseo to do a lot of things that were impossible at the park-- as in better display of the carts following the parade. He said there were merits both ways and added that one of the problems encountered when traveling all the way to the Civic Center was that it often resulted in half -mile gaps in the middle of the route due to the pauses for Highway 111 and Fred Waring. He felt there was merit in planning the event this year on El Paseo to see if some of these problems could be solved. Mayor Benson noted that the Committee had looked over the area in order to. set aside special spots for various activities, and asked Ms. Barry to expand upon their intentions. MS. CAROLYN BARRY, Chairperson of the Golf Cart Parade Committee, responded to a couple of issues raised by Mr. Weisbart. She said the parade was put on by Parade Charities, Inc., not the Palm Desert Chamber of Commerce, with major sponsors being the City of Palm Desert and the Palm Desert Chamber of Commerce. She said the change had been considered because the Gardens had approached them; however, she wanted to clarify that it was not just due to the Gardens' opening. She said that monies raised by the parade went to local charities, and the method of raising the money was by obtaining sponsors for the parade. She said the Gardens had been a sponsor in 1997 as well as in 1998, in addition to a couple of more sponsors which had been secured. She said after a subcommittee met to discuss all of the pluses and minuses of the issue, it was determined more pluses than existed for changing the venue even though the Committee had also enjoyed the park over the past few years. She noted that this would be the 34th Annual Golf Cart Parade which had its beginnings on El Paseo and only in the past few years had it concluded in Civic Center Park, at the City's request in order to showcase the park. She said the Committee felt returning to El Paseo would 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * address many of the issues already stated and added that many of the parade workers started early the morning of the parade then ended up at the park while their cars were parked on El Paseo. She stated that the Committee was considered the event as a big block party with activities planned for the end of the parade, some of which needed additional planning, but there was much open parking along El Paseo where kids' activities, food vendors, and entertainment-- staged in various venues instead of one major stage (i.e. Country Western on one area of El Paseo, Jazz at another)-- could take place. She stated that all of the final preparation was hinged upon the Council's approval of the changed parade route. Councilman Kelly stated that the Golf Cart Parade Committee had already put forth much effort toward the 1998 Parade, and felt strongly their recommendation should be approved; therefore he moved to, by Minute Motion, approve the request by Parade Charities, Inc. to change the format and venue of the 1998 Palm Desert Golf Cart Parade from that of previous years. Mayor Pro-Tempore Spiegel commented that the Golf Cart Parade had always been staged on El Paseo, and that while it probably was not fair to all the other merchants in the City, it was easier to close El Paseo than Highway 111. He emphasized the major event planned for Civic Center Park to celebrate the City's 25th Anniversary, much larger than anything before and strictly family oriented, and stressed that the park would be available for families all day the day of the parade. He added that to his knowledge, a citywide block party had never been held in the time he had lived here, and felt it a pretty exciting concept. Motion was seconded by Mayor Pro-Tempore Spiegel with additional direction given to revisit the issue following this year's parade to evaluate the success of the change. Mayor Benson added that the 25th Anniversary Committee considered incorporating the Golf Cart Parade with the Grand Finale; it was decided that the 25th Anniversary needed its own celebration-- having a free picnic and another day in the park similar to Springfest for the citizens seemed to be the better alternative at the time. The motion carried by a 4-0-1 vote with Councilman Ferguson ABSENT. B. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS FOR THE PALM VALLEY CHANNEL GOLF CART/PEDESTRIAN BRIDGE (CONTRACT NO. C14780, PROJECT NO. 665-98). Mr. Folkers noted the subject project would provide access from the east side of the Channel to the west side, between Painter's Path and Highway 111, which had not previously been available. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly moved to, by Minute Motion: 1) Authorize the City Clerk to advertise and call for bids for the subject project; 2) authorize the purchase of the bridge from Continental Bridge, Alexandria, Minnesota, in the amount of $27,555.00 -- funds are available in Account No. 410 - Street Funds. Motion was seconded by Crites and carried by a 4-0-1 vote with Councilman Ferguson ABSENT. C. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS FOR THE WHITEWATER BICYCLE AND PEDESTRIAN PROJECT (CONTRACT NO. C14790, PROJECT NO. 690-98). Councilman Crites moved to, by Minute Motion, authorize the City Clerk to advertise and call for bids for the construction of the subject project -- project is estimated at $110,000, and funds are available in Account No. 410-4616-433-4001 with reimbursement of $60,000.00 from SB821. Motion was seconded by Spiegel and carried by a 4-0-1 vote with Councilman Ferguson ABSENT. D. REQUEST FOR APPROVAL OF AMENDMENT OF FISCAL AGENT AGREEMENTS BY AND BETWEEN THE CITY OF PALM DESERT AND U.S. BANK FOR THE 1997 MARKS ROOS REFUNDING BOND ISSUE (ASSESSMENT DISTRICT 92-1 [TIERRAVISTA], ASSESSMENT DISTRICT 94-1 [BIGHORN], COMMUNITY FACILITIES DISTRICT 91-1 [INDIAN RIDGE]). Mr. Coleman stated that when the subject bond issue was structured, a partial reserve fund had been established and was allowed to grow to reach its reserve requirements; however, the documents themselves contained standard contract language. He said that this fact was noted by a member of the finance team whose job it was to implement the requirements and led to the subject amendment. He said Section 9 of the agreements allowed for amendment when there was ambiguous or unclear language, and the subject request made the appropriate clarification. Mayor Pro-Tempore Spiegel moved to, by Minute Motion, approve the subject amendment and authorize execution of same for the 1997 Marks Roos refunding bond issue. Motion was seconded by Kelly and carried by a 4-0-1 vote with Councilman Ferguson ABSENT. E. CONSIDERATION OF REQUEST TO CLOSE DRIFTWOOD DRIVE/SHADOW HILLS ROAD. Mr. Folkers stated that the subject request had been received from Mr. Groner and resulted in Public Works staff collecting counts in this area. He added that some traffic control changes had taken place due to the activity at the intersection of Deep Canyon and Highway 111, which may have resulted in the subject request. However, he said after the location was analyzed found it did not warrant the consideration of closure. He said complaints were received and verified, and the City had installed 25 miles -per -hour signs with the intention to further study the area once the fall traffic began to stabilize. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Pro-Tempore Spiegel moved to, by Minute Motion, receive and file the request. Motion was seconded by Kelly and carried by a 4-0-1 vote with Councilman Ferguson ABSENT. With Council concurrence, Mayor Benson suspended the Agenda at this point in order to consider a speaker in the audience who wished to address Item T of the Consent Calendar, Request for Consideration of Request from USTA Men's Professional Satellite Tournament to be held at Shadow Mountain Resort. Following are the discussion and action for same. MR. JOHN JULIAN, 45-750 San Luis Rey, Palm Desert, stated that Shadow Mountain Resort would be the site of a Men's Satellite Professional Tennis Tournament, September 27 - October 4, 1998. He noted the tournament had been played in Europe, Asia, all parts of Latin America and South America, and the United States, with some of the players from previous tournaments including Andre Agassi, Jim Courier, and Pete Sampras. He added that the uniqueness of this tournament was that City of Palm Desert residents could participate in the pro -am portion of the event, as well as the Kid's Day they had planned, for which he provided the Council with some informational material and introduced Mr. Gil Holmes to continue the presentation. MR. GIL HOLMES, 43-871 Via Granada, Palm Desert, said he had become involved because he thought the event tied in very well with the City's 25th Anniversary, and that he foresaw 400-500 young people becoming involved with some of the world's great tennis talent. MR. MIKE MCFARLANE, -Director of Tennis at Shadow Mountain Resort, Palm Desert, said an event like this had been held in the past under Ken Kuperstein, Shadow Mountain Head Professional, and that every year they recruited as many kids as possible to participate in a kids carnival to get them started in tennis. He said they had always done it on their own under a low budget, small event; this year they decided with the City's 25th Anniversary and the Satellite Tournament, it would be a great opportunity for the City to become involved and provide 250-500 kids with the unique opportunity to be instructed by tennis professionals from around the world. He noted that the City of Indian Wells had a big tournament but had never tried to accomplish something such as this and felt Shadow Mountain had the only facility in the desert able to accommodate such an event. Mayor Pro-Tempore Spiegel stated that previously in today's action, the Council had recommended that this request be referred to the Promotion Committee as matter of procedure, as prior to approval of any monies for a special event within the City a recommendation from citizen members of that committee was requested. He suggested this be reconsidered due to the time factor, since the tournament would be held at the end of September. Mrs. Gilligan noted that the Promotion Committee would meet September 15. Upon question by Councilman Crites as to the reason the request was just now being considered, Mr. McFarlane responded that they had received late approval from the USTA to host the event as the replacement site when another city dropped its tournament. He said all these tournaments were in four week blocks, and Shadow Mountain was the third week of this section of the tournament. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly moved to reconsider the subject request. Motion was seconded by Crites and carried by a 4-0-1 vote with Councilman Ferguson ABSENT. Upon question by Mayor Pro-Tempore Spiegel, Mr. McFarlane stated the contract was finalized mid -July. Councilman Kelly stated that if a project had merit, such as this one, there ought to be a faster method of considering and approving it. Upon suggestion by Councilman Crites, Councilman Kelly moved to, by Minute Motion, place the request in the approval hands of two members of the City Council, several members of the Promotion Committee, and appropriate staff for consideration next week with the authority to make a decision at that time, further directing the requesters to submit more detailed information regarding how the funds would be applied specifically to Palm Desert residents and what alternatives existed for approval of a lesser amount. Motion was seconded by Spiegel and carried by a 4-0-1 vote with Councilman Ferguson ABSENT. Mrs. Gilligan stated she would first meet with the group to ensure all the appropriate information was included in the request, and then she would schedule the meeting with the Council members and Promotion Committee members. With Council concurrence, Councilman Kelly was selected to be the Council's representative. F. CONSIDERATION OF FUNDING ASSISTANCE FOR THE JEAN M. BENSON CHILD CARE CENTER. Mr. Wohlmuth explained that at the July 9, 1998, City Council Meeting, Councilman Ferguson had requested staff to review the Memorandum of Understanding (MOU) with the YMCA and the lease agreement between the YMCA and the Redevelopment Agency in order to determine if the City had committed $40,000.00 per year for child care subsidies at the Jean M. Benson Child Care Center at Desert Rose. He said the $40,000.00 in the original staff report was identified as the first year commitment with direction that it be considered by the CDBG and Outside Agency Funding Committee in the future. He noted that neither the agreement nor the Minutes specifically addressed the $40,000.00 issue as a commitment every year for five years. He referred to the second page of the staff report and stated that the City had lived up to the commitment with $20,000.00 the first half year, $40,000.00 last year ($32,500.00 at the direction of Council in addition to the CDBG funds). He added that at the September 10, 1998, City Council Meeting it was anticipated that the MOU between the YMCA and the City would be considered for $41,000.00 of CDBG service dollars, which staff recommended the CDBG and Outside Agency Funding Committee consider as a part of the 1999/2000 Budget at the appropriate time. Mayor Pro-Tempore Spiegel said that earlier this afternoon, he had discussed the issue of the City's verbal agreement with the YMCA to operate the Child Care Center for five years for 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * $40,000.00 per year with the understanding that the City and the YMCA would revisit the issue's feasibility. He agreed that it should be considered by the CDBG and Outside Agency Funding Committee, but that if there had been a verbal agreement, he felt the City was obligated to another two and one half years for $40,000.00 with suggestion that it should also be put into writing. Upon question by Councilman Kelly, Mayor Benson responded that the night the verbal agreement was made, Mr. Gerry Hunt was in the audience when the YMCA was awarded the contract for the Child Care Center and said he was unsure whether they could commit fiscally. She added that when Mr. Hunt was asked how much he felt was needed from the City, he responded $40,000.00, and the City said it would look at it for five years and then he would have to decide whether the YMCA would proceed. She agreed that it had not been written in the agreement. She had concern that for the City living up to its obligation for the next two and one half years. She went on to say that since some of the students who were provided for by scholarships were residents of other cities, she had discussed with Mr. Hunt the possibility of asking each for CDBG funding in the future. Councilman Crites moved to, by Minute Motion, reaffirm the City's intent to provide funding assistance for the Jean M. Benson Child Care Center at Desert Rose. Motion was seconded by Kelly and carried by a 4-0-1 vote with Councilman Ferguson ABSENT. G. REQUEST FOR APPROPRIATION OF FUNDING FOR DESERT SEARCH AND RESCUE. Councilman Crites moved to, by Minute Motion, approve appropriation of $18,.337.41 from the Unobligated General Fund Reserves (per the Cove formula) for the Desert Search and Rescue, a nonprofit organization. Motion was seconded by Spiegel and carried by a 4-0-1 vote with Councilman Ferguson ABSENT. H. CONSIDERATION OF AMENDING LEASING COSTS FOR TENANTS OF THE PORTOLA COMMUNITY CENTER. Mayor Pro-Tempore Spiegel moved to, by Minute Motion: 1) Reduce the lease to $1.50 per square foot per month; 2) direct staff to amend the lease agreements for Council consideration; 3) direct staff to amend the agreement for services between the Coachella Valley Recreation & Parks District and the City of Palm Desert. Motion was seconded by Crites and carried by a 4-0-1 vote with Councilman Ferguson ABSENT. I. REPORT ON LIMITED ED PROCEDURES REVIEW OF CASH AND INVESTMENTS, CITY OF PALM DESERT MANAGEMENT LETTER, AND DESERT WILLOW MANAGEMENT LEl IER FOR THE YEAR ENDED JUNE 30, 1997. Mr. Gibson stated that under consideration was a report from the auditors resulting from the approval of a new agreement with Oscar Armijo/Diehl, Evans & Company. He said part of 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * the procedure with a new audit agreement was a thorough review of the organization and its internal controls. He said a couple of additional items were added which had not been performed in the past: 1) Desert Willow, in its first year of operation under review; 2) cash and investment policy review. Mayor Pro-Tempore Spiegel expressed his concern for some serious findings contained within the Desert Willow report, such as the inventory manager's processing of purchase orders, physical inventory and protection of same, payroll, cash disbursements and cash receipts-- the whole operation. He said it looked like something needed to be put in place at the City's golf course. Mr. Gibson stated it would be best to let Mr. Lindquist respond to the specific actions which had been implemented to address the aforementioned. He said additionally, Kemper had their internal control auditor review the operation on site and make appropriate recommendations. Mayor Pro-Tempore Spiegel requested that these specific corrective measures be brought' to the City Council in report form for its review at the next meeting, similar to the way Mr. Gibson had addressed specific issues of concern on the City side. Councilman Crites asked, with regard to the City portion of the review, that of the suggestions made by the auditor and action taken in response, if any issues remained where the auditor recommended change that the City felt inappropriate to adopt. Mr. Gibson answered that staff had already implemented each item it said it would with the exception of the internal control procedure. He added that the items staff deemed unacceptable were decided after discussion with the City Manager where it was determined they were administratively impossible. For example, he stated the auditor wanted checks to be in the possession of the Assistant City Manager or someone else other than Finance, and it was determined that for Finance to effectively and efficiently perform its function, as in writing checks, it would not be convenient to stop the process while awaiting access to the checks. Upon question by Councilman Crites as to whether a response to the non -implemented actions were received from the auditors, Mr. Gibson said there was none, but he offered to obtain one. Council concurred that they would like to receive such a response. Upon question by Mayor Benson as to other points raised by the auditor and procedures implemented, Mr. Gibson offered an example of the City's mutual funds. He said the auditor had requested that if the mutual fund violated the types of investments the City was allowed to make, that the mutual fund agreed to withdraw the City's funds and return them. He stated — that this had since been requested from the mutual funds, and he knew of at least one which had signed and forwarded an agreement of same. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Diaz stated that additional auditing of the Desert Willow operation was also approved at this meeting as Item F of the Consent Calendar. Councilman Kelly stated that the auditor's response to the recommendations made regarding Desert Willow procedures should be routed through the Golf Course Committee. Mayor Pro-Tempore Spiegel moved to, by Minute Motion: 1) Receive and file the report on limited procedures review of cash and investments for the fiscal year ended June 30, 1997; 2) receive and file the City of Palm Desert management letter for the fiscal year ended June 30, 1997; 3) receive and file the Desert Willow management letter for the fiscal year ended June 30, 1997; and 4) directed staff to return to the Council with actions taken at the Desert Willow operation in response to the auditor's recommendations as well as a response from the auditor to the decisions made on the City operation which were determined to be administratively impossible. Motion was seconded by Crites and carried by a 4-0-1 vote with Councilman Ferguson ABSENT. J. REQUEST FOR ADOPTION OF POLICIES AND PROCEDURES FOR PARKVIEW OFFICE COMPLEX CONFERENCE ROOM. Councilman Kelly moved to, by Minute Motion, adopt specific policies as outlined in the staff report with regard to tenants' use of the Parkview Office Complex Conference Rooms. Councilman Crites seconded the motion but asked about the provision for utilization of the rooms with exception of campaign headquarters outlined in Item B of the staff report; he did not want the City to be accused of handing space to someone in order to operate an election campaign. Mr. Gibson responded that a tenant had requested a room for discussion of campaign strategies, prompting the City's need to adopt specific, restrictive policies for the rooms (i.e. prohibition of the use of the room as a phone bank). Mayor Benson felt all campaign -related activity should be prohibited, only private offices should be available for this purpose. She said the City might be opening itself up to anyone running a campaign requesting use of the room. Mr. Hargreaves suggested standards be developed which stated that no particular subtenant be allowed to dominate the use of the conference room to the exclusion of the other tenants without distinctions of political or non -political uses of the room. At the suggestion of Mr. Diaz, Councilman Kelly amended his motion clarifying the policy by stating that no political campaign activity shall take place in common areas of the building nor conference rooms. The motion carried by a 4-0-1 vote with Councilman Ferguson ABSENT. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * K. INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies Ms. Ruth Ann Moore, Business Support Manager, provided a detailed report of up- to-date leasing activity which had occurred over the summer at the various open air shopping centers in Palm Desert-- The Gardens of El Paseo, Desert Crossing, Waring Plaza, One Eleven Town Center, Town Center Plaza, Plaza De Monterey, Monterey Shore Plaza, and Lucky's Center (Washington). She provided a map outlining the activity which was received for the record and placed on file in the office of the City Clerk. She also noted that The Gardens of El Paseo had agreed to open and make available a Community Room of 2,000 square feet; it would be fee based for area businesses, but free of charge to local charities for their use. She said with the Community Room, the total signed leases at the Gardens totaled 143,392 square feet. She further reported changes to the various centers as follows: • Desert Crossing with five new stores-- Chuck-E-Cheese to be located between Old Country Buffet and Aaron Brothers, Quick and Reilly (already opened), The Clayhouse, Fans Plus, and Best City Nail, with Desert Crossing occupancy now at 96%. • Waring Plaza was obtaining Pangea Coffee House, as well as having two stores with leases out for signature, and the occupancy rate there was now 86%. Upon question, she added that the Business Support Center continued to work on the former Circuit City building there as well. She added that she had spoken with the general manager, Andy Waggle, who had agreed to trim the trees in order to improve visibility of the building from Highway 111. • One Eleven Town Center had three new leases, Relax the Back had moved from its previous location to the other corner of Best Buy; Sylvan Learning Center, and Desmonds (big and tall men's store); it had one more building out for signature, and reported that Louise's Pantry was closed for a two -month period for company reorganization as indicated by the property manager and would address their location in two months. The occupancy rate here stood at 95%. • Town Center Plaza, recently underwent expansion of Michael's into 5,390 square feet, with a total occupancy rate of 97%. • Plaza De Monterey, at the corner of Country Club and Monterey, had the final 250 square feet signed, resulting in 100% occupancy. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * • Monterey Shore Plaza at I-10 had received recent interest with 38,700 square feet out for signature. • Lucky's Center (Washington) at 100% occupancy with the exception of some second story office space, but all the retail at the location was totally leased. 2. Progress Report on Desert Willow Clubhouse Facility Mr. Acosta stated that the final designs for the site plan were recently completed, and the civil engineers were nearly finished with the engineering plans with expected submittal to the Public Works Department by mid -September. He also stated that the structural plans from the local consultant, BG Engineering, were slated for completion next week. For the kitchen plans, he said they had been working for approximately three weeks with a local consultant, Cal Western Food Service, and had also consulted heavily with Kemper Sports Management personnel of Chicago. He said that while some modifications from the original plan had been made, he felt they had come up with a very fine kitchen design to meet the needs of the services Desert Willow wanted to provide. He went on to say that they were underway with the interior design portion and pro shop with vignettes and color boards to present in September. He said there had been discussion regarding the schedule of the project and the prudence of a grand opening in the month of May or June, in the middle of the off-season. He said the recommendation of the Desert Willow Committee to the Council would be to postpone any major grand opening event until at least September 1, or October 1, 1999. He said doing so would coincide with the season and would save a great deal of money if the operation were to continue from the temporary facilities during next .summer. He stated the new facility would be available to provide orientation for the employees in the interim. Mayor Pro-Tempore Spiegel asked about the obligation to Intrawest (IROC) that the Clubhouse would be open by April 1. Mr. Acosta said that after the documents with Intrawest were reviewed, it was found they stipulated the City provide IROC with its portion of the building, and the City was still capable of doing so. He said this meant turning over the 2,000 square foot shell representing their portion so they could move in on April 1 to finish tenant improvements. Upon question by Mayor Benson as to why the Council received a post card notification that the design team had won an architectural design competition with plans they had never seen before, Mr. Acosta responded that it represented the submittal by one of the design -build teams which was short-listed for the project but did not make it to the final recommendation of the Committee. However, he said that architectural firm had taken it upon itself to submit the design in its local 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * chapter, but the jury did not review the contents of the submittal based upon its success of winning the contract with the client, it was simply judged from the merits of the design. 3. Progress Report from the "Save The Rink" Committee Mr. Jeff Winklepleck, Associate Planner, said that since the July 9, 1998, City Council Meeting, staff had met with representatives of the developer and land owner on the 70-acre site across from Home Depot on Monterey Avenue. He said the main focus of the meeting was funding and said he indicated to the representatives that if they could came back to the City with a project excluding City money, the project could be processed as normal-- the quickest route to getting an ice rink. He told them if they were to come back and ask for substantial funding, there could be major delays resulting from Palm Desert's desire to meet with the other cities in order to request their financial involvement. Since that time, he believed the potential developer had given Council members a packet including a site plan, a pro forma, and a letter addressed to him which requested $1.5 million from the City for assistance with utilities and road improvements. He added that the developer, Tricon, was here and had been through the "Save The Rink" Committee where it received endorsement. Upon question by Councilman Crites as to whether the proposed development was asking for $1.5 million or a loan of $1.5 million, Mr. Winklepleck responded that the letter requested a loan of sorts-- a long-term, low -interest loan. He added that earlier this evening their request was only for indication of support from Palm Desert's City Council and was unsure whether there was a figure attached to it. Mayor Pro-Tempore Spiegel asked where the Odekirk ice rink stood. Mr. Winklepleck said he had called Cathedral City, and the last indication was that plans had not yet been submitted, but discussion had occurred. He did not know the current status. Mr. Diaz added that at his last discussion regarding financing, the bank involved indicated they were ready to finance the project with some minor things to be worked out. He said he had not contacted anyone with regard to the Palm Springs facilities. Mayor Benson stated she had a conversation with Bill Powers this morning, and he said his commitment to them was that he would look at it when they brought it in, he did not know if they would loan them the money-- it was skeptical, but that they would look at anyone who came in and wanted to borrow money. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. GARY STEVEN, 77-800 Calle Monterey, La Quints, CA, said he had submitted the new pro forma as quickly as possible. He said with the December 13 closing of the existing rink, they had come up with a few solutions in order to satisfy everyone in the Valley. He said they had acquired the 70-acre lot on Monterey but were not just focused on an ice rink, even though it was the primary focus now. He said in the packet submitted to Council were letters of commitment from a hotel operator, a water park, assisted living on 32 acres, and 250,000 square feet of retail space. He said with the impending closure, they had come up with a couple of solutions, one being a temporary airbag structure with a roll -out rink on the surface, which would take approximately 30 days to prepare at a cost of $800,000 - 900,000. He said today they were asking for some favors from the Council-- if they went ahead with building a permanent structure, with assistance from the City for fast -tracking in order to put up the shell, the temporary ice rink could be put inside the permanent building, and then there would be a roll-over phase. He said they planned to develop a multi -sports facility with indoor golf, indoor soccer, with plans for expansion including a second rink. He said the indoor soccer area represented a multi -component use for roller hockey, basketball, indoor golf, and volleyball. He stated it would contain Nike grass and be air conditioned with air from the ice rink. He said he had a commitment letter from Don Martin of the Coachella Valley Recreation & Parks District stating his willingness to work with them in any shape or form, details of which to be negotiated on September 9; therefore, his group felt it could solve the problem and have an ice rink by December 14, or thereabout. He said the hockey group had committed to using their facility because if they were unable to obtain ice from Palm Desert or any other city, they would lose the whole season resulting in their probable bankruptcy. He said his group requested the City Council state it would definitely assist the project in some shape or form to be negotiated, and this would facilitate their need to get started. Upon question by Mayor Pro-Tempore Spiegel, Mr. Steven responded the total project cost would be $35 million with financing to come from a bank in San Diego and that all the financing had been arranged, including some from investors who worked strictly with sports facilities. Mayor Pro-Tempore Spiegel further questioned whether Mr. Steven had spoken to the other cities (i.e. La Quinta, Rancho Mirage) about their possible investment in the project. MR. STEVEN said he had spoken to them as well as Indian Wells, who showed great enthusiasm. He said he had spoken with Patrick Pratt of Rancho Mirage and Barry Foster, but they could not financially contribute to the project since they had only one elementary school and would not recoup the benefits of this project, even though they liked the idea of the project and would be sending a letter of support indicating same. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites asked what was meant when it was stated that they had acquired the site. MR. STEVEN said they were working with the landowners and had formed an LLC; they were working together to develop the site. Councilman Crites then asked what was meant by a financial commitment from Palm Desert, if it was an outright "gift of funds," or a loan for a certain period of time with certain conditions. MR. STEVEN said his group was open to negotiation. He said that lenders just wanted to see the City behind them and said they realized the project was going to be much bigger. He said because they had selected the location that they did, electricity, water, and sewer needed to be brought to the site at a cost of approximately $4 million, which lead them to ask for assistance to bring this into the whole project versus the ice rink taking care of the whole burden. Councilman Crites commented that it appeared the project had gone according to how the Council had requested, including a survey of the community which resulted in the proposal before the Council, and while he did not know enough to judge its merits at this time, he felt it appropriate to ask that the pertinent people in the City's Finance and Redevelopment departments, Parks & Recreation Commission, Council representatives, and any others necessary to form an evaluation team to review the merit of this proposal and return to the Council with as short a turnaround time as possible, consistent with quality examination of the facts. Mayor Benson added that she would like to see more detail regarding the project's financing. Councilman Crites concurred, and said if Indian Wells, La Quinta, or Rancho Mirage were interested in underwriting a portion of the loan, or if none were, all of these factors needed examination. Councilman Crites moved to, by Minute Motion, direct the City Manager, the Redevelopment Agency Executive Director, and the Mayor to form a cooperative task force to give quick, yet quality consideration of the current proposal for the ice rink/multi-sports facility and bring back as soon as possible to the Council a report with recommended direction. Motion was seconded by Kelly and carried by a 4-0-1 vote with Councilman Ferguson ABSENT. With Council concurrence, Mayor Benson appointed the Council liaison and alternate to the Parks & Recreation Commission to this task force. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Diaz said he and Mr. Ortega would identify the appropriate staff members and schedule a meeting prior to the next Council meeting. He committed that once the plans were submitted and ready to draw, the public hearing process could be accomplished in six weeks. 4. Update on School District Boundary Changes No report on this item was provided. CAPTAIN NEIL LINGLE, Palm Desert Sheriff's Station, introduced and welcomed Captain Dan Miller who had recently been promoted to the rank of Sheriff's Captain and would be assuming the responsibility of serving as Chief of Police for the City of Palm Desert. He further said he had enjoyed the position immensely and had bittersweet feelings for leaving it in order to accept a promotion within the Riverside County Sheriff's Department. He was confident that Captain Miller would continue to provide innovative and creative leadership to the City of Palm Desert. CAPTAIN DAN MILLER thanked the Council for their welcome. Upon a motion by Crites, second by Spiegel, and 4-0-1 vote of the Council with Councilman Ferguson ABSENT, Mayor Benson adjourned the meeting to Closed Session at 6:10 p.m. She reconvened the meeting at 7:07 p.m. With Council concurrence, Mayor Benson suspended the Agenda at this point in order to consider Item XII, Awards, Presentations, and Appointments, followed by the items of Continued Business, Old Business, and Reports and Remarks. Please see these portions of the Minutes for discussion and action. 5. Report on Automated Intersection Enforcement Mr. Diaz noted that this matter had been considered on yesterday's Public Safety Commission Agenda where they received an updated report. Mr. Ken Weller, Risk Manager, stated that legislation in 1994 allowed the use of cameras to detect moving traffic violations; prior to this legislation, a deputy had to actually observe the violation. He provided information to the Council on the proposed standards and a description of system operation. He said as the traffic light turned red, it was synchronized with the camera; if a motorist crossed the double limit line embedded in the street, the camera was triggered to take two pictures. He said the picture of the vehicle's license plate generated a DMV check with a citation being mailed. Mayor Pro-Tempore Spiegel asked if the front license plate was mandatory in the State of California since many states did not require this. Mr. Weller stated it was mandatory. 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon question by Mayor Pro-Tempore Spiegel, Mr. Weller stated that when visiting Beverly Hills and Oxnard, the front license plate factor was an issue-- even though it was required by law, some had fallen off or were not present and detection was difficult. Therefore, he said either the citation was thrown out or in some of the cases, the rear license plate number was taken as the vehicle went through the intersection. Councilman Crites suggested that Mr. Weller investigate which states or adjacent nations required mandatory front license plates and which accounted for the majority of non -California automobiles. Mr. Weller stated that he and Lieutenant Pittman visited the Oxnard and Beverly Hills programs, and the unique thing about the Beverly Hills program was that it was reactive-- they were given the system and told to implement it. Therefore, he said they did not have the time nor process to develop appropriate criteria, educate the public, nor work with the Court System to refine the program. He went on to say that the Oxnard program was very proactive; they worked with the Courts and neighborhoods resulting in a much smoother initial operation adding that since the City was going through the "Oxnard -type" process, it was believed less difficulty would be experienced than in Beverly Hills. He reported that Oxnard experienced a 43 % decline in red light violations, with Los Angeles and San Francisco also experiencing approximately this same percentage of decline. He said in 1997 a bill was passed which increased the fine for running a red light from $140.00 to $270.00, making it a significant infraction, and those fees had been used to fund the program. He reported that three companies currently produced this type of technology -- Automated Traffic Systems from Arizona; Laser Technology, digital technology which could be readily linked to a computer for easy viewing; and USPT, a wet film which required removal ofthe film from the camera for processing. Councilman Kelly asked if the technology could pick up a left turn made when the left turn arrow was red. Mr. Weller stated that the system could be somewhat customized to fit particular needs, but for now, it was designed to monitor the mainstream traffic flow. Upon question by Mayor Pro-Tempore Spiegel, Mr. Weller stated staff was impressed by Oxnard's program. He further stated that both Oxnard and Beverly Hills used USPT, which was by far the most active vendor in the region and added that Oxnard's program was currently. paying for itself, including assignment of a dedicated deputy to this process. Mayor Pro-Tempore noted from the report that 80 % of the people in Oxnard were happy with the program. 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Weller stated that after the program was in place for a time, a survey was conducted which generated the 80% public approval rating. Upon question by Mayor Pro-Tempore Spiegel as to the next step for the program, Mr. Weller responded plans were to continue working with the Court System in order to refine the process; currently they were experiencing a judge change which necessitated continuance of that process. He said a decision would be required for which vendor(s) to utilize and what the cost would be, with plans to return to the Public Safety Commission and ultimately the Council with a complete package. Mr. Diaz stated the purpose of today's report was to obtain direction for staff to continue the process and added that the Public Safety Commission had recommended staff's continued investigation and refinement of the program to fit the City's needs. Mayor Benson stated that at the Public Safety Commission meeting, it was suggested that staff also work with the other Cove cities to garner their support and possibly reduce the overall cost. Mr. Weller stated that in their initial meetings, they had worked with both Rancho Mirage and Indian Wells. With Council concurrence, staff was directed to proceed with appropriate steps in order to present a complete package to the Public Safety Commission and City Council. 6. Report from Yuba City Neighborhood Speed Awareness Program Mr. Ken Weller, Risk Manager, stated that at the recommendation of Councilmen Ferguson and Kelly, he visited Yuba City to review its Neighborhood Speed Awareness Program. He stated the program was designed to issue traffic citations to motorists on residential streets at posted speeds no more than 25 miles per hour, for anyone exceeding the 30 miles per hour limit. He said the program was designed to offer two options: 1) An NSA ticket offering the option of either attending a 11 hour traffic awareness class presented by the police department; or 2) choose to pay the ticket. He said of the people receiving the NSA tickets, 100% had chosen to attend the school, none had gone to court to pay the ticket-- it did not go on the motorists' record nor affect insurance. He reported the program had been successful in reducing speeds on those streets. He added this program required involvement by the Court System in order to review the process for issuance of citations, as the City would need to hold the citation until the person had cleared it, and if not, it would be remanded to the court. He said they were still gathering information, and the same issue of the judge transition applied here as well but anticipated working on both this and the intersection program simultaneously in order to return with a complete package. 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon question by Councilman Kelly, Mr. Weller responded that this program was also presented at yesterday's meeting of the Public Safety Commission, and they agreed that staff should proceed with the program. Councilman Kelly asked how the Fairway Drive meeting went. Mr. Folkers answered that approximately 25 people attended the meeting at the Civic Center a week ago Wednesday night. He said the purpose of the meeting was to gather information on residents' concerns, and it generated a good dialog. He said there were concerns about: 1) Speeding through the area; 2) enforcement; 3) suggestions which had been made in the past-- with request that some things discussed nine years ago be brought back for consideration. He said one of the recommendations was to establish a committee, for which several people signed up as potential participants. He believed the neighbors felt they did not want controls put on Fairway that would result in more traffic on adjacent streets. He said approximately 500 notices were sent out covering everything from the Indian Wells boundary to Candlewood, and staff was currently in the process of categorizing the various concerns expressed at the meeting which will subsequently be passed onto the City Manager next week. Councilman Kelly observed that the extra patrol on Fairway Drive definitely made a positive effect on the overall traffic speed. Mr. Folkers said compliments were received for this extra enforcement. III. CONTINUED BUSINESS A. REQUEST FOR CONSIDERATION OF APPEAL TO A DECISION OF THE ARCHITECTURAL REVIEW COMMISSION APPROVING PLANS FOR TWO SINGLE- FAMILY DWELLINGS TO BE LOCATED AT 74-525 AND 74-515 DAYLILY CIRCLE, Case No. MTSC 98-3 (Daniel and Maryanne Shillito, Harold and Alma Armbrust, Robert and Lori Dickey, Monty and Gina Sorensen, Mark and Rosalyn Weissmann, Ignacio and Jenell Del Rio, David and Vicki McFarland, and Bud Meyer, Appellants) (Continued from the meetings of May 14, June 11, and July 9, 1998). The following is a verbatim transcript of this item. Key: JMB Jean M. Benson, Mayor RAD Ramon A. Diaz, City Manager T PD Phil Drell, Director of Community Development BAC Buford A. Crites, Councilman MW Mark Weissmann, Appellant 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * RSK Richard S. Kelly, Councilman FT Franz Tirre, D & F Development RAS Robert A. Spiegel, Mayor Pro-Tempore SS Steve Smith, Planning Manager IDR Ignacio Del Rio, Appellant SRG Sheila R. Gilligan, City Clerk JMB The first continued business is a request for consideration of appeal of decision of the Architectural Review Commission approving plans for two single-family dwellings to be located at 74-525 and 74-515 Daylily Circle, Case No. MISC 98-3. This has been before us several times, continued from the meetings of May 14, June 11, and July 9. RAD Mr. Steve Smith be giving the report. PD Basically, we are still continuing with our recommendation that the plans as conditioned by the Architectural Commission meet our standards, our policies for neighborhood compatibility, and we're recommending that their decision be_ affirmed. There are some items in the, some legal discussion from the City Attorney and the attorney for Mr. Tirre about some of the legal precedents concerning the use of, control of projects for neighborhood compatibility; note that most of those precedents deal with developments of significantly larger and greater intensity than the surrounding neighborhood. Basically it is staffs position that the magnitude difference between the proposed buildings, proposed homes, and the homes in the neighborhood is not of a magnitude to warrant requiring those buildings be increased. BAC Do you have data that is different than was before us the last time? PD Not that I'm aware of. No. BAC And Council specifically continued this matter so that those discussions could happen? PD Again, the applicant's here, he can describe... BAC I'm asking staff. PD My understanding was, again, the applicant was again encouraged... BAC To your knowledge, have those discussions occurred? PD I believe some discussions have occurred, but I don't think they've resolved anything-- there was no resolution, though. BAC Okay. Do you know if there are members of the homeowners' association...here 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PD Yes they are. BAC All right. JMB Okay. Is there someone that would like to speak on this? (Pause) Please give your name and address for the record. MW I'm Mark Weissmann, address is 74-550 Daylily Circle in Palm Desert, we've been a resident there for six years this month, and we're actually the first resident on Daylily Circle in attendance today, and we've been here since four o'clock this afternoon thinking that this might be heard earlier. JMB We're sorry about that. MW That's okay. But Bob Dickey has been here and said he would be back, he had to attend some business, Ignacio and Jenell Del Rio and other neighbors-- some are out of town, such as Dan Shillito who spoke before you, I believe, in June. So I think that the neighbors are in accord in our belief, and based on the City Council open session in June, I believe it was, where it was an open discussion that we had deep concerns about the homes being compatible in terms of the value of our existing investments and the compatibility of both the architecture, the size, but the overall value of our homes that gave us great concern. And at that time, there was seemed to be an opinion that the City could enforce the fact that those homes to be built would be compatible to what we now have in terms of the overall structure and architecture. To answer the question that was raised earlier, we have not had a meeting with Mr. Tirre since before the June Council meeting, if I'm correct. He has written a letter to us stating the options, and I can tell you that the options that he has written us include: a) The neighbors participating in buying his lots from him; b) the neighbors investing $10,000.00 to help him purchase existing plans that would be similar to the plans of our homes-- we had put him in contact with the, we found the source that had the plans; c) that he would intend to go ahead with his intended smaller homes; or d) that we would help him find, or a builder that would build compatible homes; and I believe e) was that he has his lots on the market now. Our belief is that this has taken a long time, we have held in there, our neighborhood has been under great stress in worrying about this situation. We don't feel that any of us can recoup our existing homeowner principal home investments on our block if he's allowed to build the types of homes that he proposes. We're just so, we're asking for, we hope something that's fair, something that we felt that the City said could possibly, or could be enforced based on the June City Council meeting, and we're all trying to be good neighbors in Palm Desert and participate in the process. JMB Thank you. 29 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * BAC Sir? Have, you, first time this came before us there were a variety of requests, demands, whathaveyou, from adjacent homeowners. Those requests have been modified from the original request, right? A compromise? MW Yeah, we have tried to compromise, but when we've asked, the last meeting we had, as I said I think it was before the June City Council Meeting with Mr. Tirre, he was going to check into things, but I think in terms of the specifics, it didn't seem like there was a willingness to compromise very much. We asked him about specific things, and when it got down to it, frankly, I think we all are of the same opinion that the homes that he would intend to build would be totally incompatible with the existing homes on our block. JMB And to clarify that, the homes that he intends to build are the 2,091 square foot and the 23? MW That's correct, it's what I think we are aware of at this point. JMB Those are the two, yeah. MW Those are the two, I think he was going to start with one next to Bob Dickey's residence, and I, and then based on the success of selling that home, he was going to build another. So, frankly, it was kind of a piecemeal situation, which probably would not be a benefit to us from a real estate point of view, from an investment point of view. BAC And staff report says existing homes are from, in essence, 2,600 to 3,600, approximately... MW There are a couple on I think the, there are maybe one or two homes at 2,600, I think the average size is well over 3,000. We have a neighbor that has built a guest house, I believe, and I believe theirs is, they're building over 3,900 square feet, so most of the homes, I think that based on information that you'd have in the County logs would support the fact that the homes average well over 3,000 square feet. BAC And when we met in June, what was the homeowners' willingness, in other words Mr. Tirre was down at 2,000 and some square feet, and I remember, and I don't remember as well as I should, that were you looking for a maximum size that matched, maximum size of his home that matched the minimum size of your home, which is about 26, right? MW Right. I think there was a meeting held between Bob Dickey and Mr. Tirre before the Council Meeting in June in which they discussed a compromise that would, that at that time seemed satisfactory, but it seems like that was pulled off the table. In fact, Mr. Tirre stated to us, I believe, that based on further investigation and in consulting his financial partner, he would be unable to do it. I believe that's what I recollect, as does the Del Rio's. So we're... 30 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * — BAC So, are the homeowners still willing from, not that you have final choice on this, but it is of the opinion of the homeowners still that at 2,595, which is the existing smallest thing, is what you would like to... MW Right. I think we're certainly willing to be realistic. We have beautiful homes on our block that we're all proud of, we've all invested heavily in the landscaping, we've invested thousands of dollars in additional funds over and above what we originally spent, and I think, frankly, that it's of great concern to us in terms of what we really feel that he intends to build in really reviewing the plans and talking to others who are in that business, it would be a really a couple steps down. I guess, you know, there's all sorts of analogies you can make, but it's just as homeowners, it just would be a very frustrating situation in terms of what we've had to go through the last several years. JMB Is there anyone else that would like to speak, or any questions of Mr. Weissmann? RSK Let me ask Councilman Crites, did you get at the answer to the question you were asking? It didn't seem to me you were looking for if there were some medium, some in between ground there that the homeowners...did you get that answer? BAC I think so. RSK Give it to me then. BAC Was that...on page two of our report it lists some issues that Architectural Review Commission suggested should be done to modify the plans, and that with those additions and a square footage that matches the minimum size of existing homes, which is, which is about 900 feet smaller than the average home, that that is something that the neighborhood is willing to live with. - MW I think we would be, that would be much more compatible than what we've seen this far, yes. BAC And not arguing that that's the right decision to make, just... MW Right. RSK In other words, how many square feet? BAC Twenty, 2,595. MW I also want to add one thing, too. Mr. Tirre was concerned that the real estate values, because apparently he built on Portola Place which went to auction, I believe, over here, I think that was the only building he said he's done in Palm Desert, the small, very tiny condominiums. But if you look at what's happening now on Deep Canyon with Palmira, we understand that 31 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * they're advertising that they're on their second phase, and even though Deep Canyon has been under siege this summer with the street sewer drains... RSK That's going to save you from getting flooded some day. MW Well, no, we appreciate that, so, and we like what we, the end result is much better than what we saw a few weeks ago, but we appreciate that, it seemed like there was a hard entry for people getting onto our block or going into Palmira to look, but we understand that Palmira's advertising their homes going into the second phase, and their homes are very, very nice homes, as you probably know. And, so we think that the area would definitely, in this type real estate market that's finally coming back, would certainly sustain the type of homes that we have now. I think that makes sense. JMB Okay. Any other questions of Mr. Weissmann? Is there anybody else that would like to speak? Is Mr. Tirre here? FT Good evening, Madame Chairman and Council members, my name is Franz Tine, I live at 46-333 Burro Weed in Palm Desert, and I still live there. And some of the things that are a little bit difficult to accept that I heard here, but we'll just let them go with the exception of one thing-- I've been in building in Palm Desert for over 22 years, and I would say that the product I produce has been very compatible and helps this city grow in a positive manner. Another thing that, it sounds like we were trying to get the homeowners to buy the lots, buy the plans of the existing homes, and that's really not true. What we were trying to do was to find a way to have the homeowners satisfied, and basically, about the only way that I can see that they'll ever be satisfied is that the same design homes, floor plans, etc. that were designed for that cul-de-sac-de-sac de sac are built there. They did introduce me to the original architect, who I visited, and got a price from him to produce one set of working drawings and plot five houses, and we did have one meeting before, right after our last meeting here, which the instruction was to go back and try to work out a compromise. So we had that meeting, and they gave me the name of the architect, I visited the architect, got a price, and that's the price that I gave back to the homeowners. If they could find a builder that would build their homes, ones like the existing ones, we would sell the lots, but we're not trying to give our lots away or sell our lots or force those people to buy the lots at all. We want to build the homes that were approved by the City. As far as satisfying certain people as far as the aesthetics of the buildings and whatnot, I don't know, probably impossible. We only had one meeting, but I wrote and told the homeowners, Don Shillito, who was the leader at that time, that I would be happy to meet with them, I'd be out again, at any time, I'd be out of the Valley from the 6th of August to the 15th, and I said that if they had any ideas on how they might want to finance drawings, find buyers, put the two together, we'd be glad to help. In fact, we had a buyer, and I gave them floor plans and front elevations of the drawings that came from the original architect, as well as our drawings, and nothing came of that. But I was promoting both of them in hopes of satisfying the homeowners. That didn't happen. So they didn't call for another meeting, and about two days before, two or three days ago, why we had, I called Dan 32 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Shillito, and he said he couldn't be here, and that they didn't think there would be any need for another meeting. So in essence, that's where we stand. And one of my things in the letter that I wrote to them was that in order to better meet your homeowner goals, you may want to purchase of the lots either by the homeowners or others, purchase set of working drawings from TRA, that was the original architect, to present to a potential buyer or builder, or become financially involved in some other format. If so, now's the time to do so. They have not, they do not intend to do any more than try and get a builder to produce what they feel is acceptable to their street. And I'd like to see if you have any questions at this point on this item before I go onto my next... JMB Any questions? FT ...tirade. Not a tirade, I hope it's facts. The City has standards and codes and ordinances in order that a clear understanding is available to all concerned, whether they appear equitable is another issue. In this case, D & F Development has abided by all those standards and conditions. After several meetings with the Architectural Review Committee, it revised its plans to incorporate all the changes pursued by the Architectural Review Committee and obtained unanimous approval. Compatible with surrounding homes-- in no way would they diminish neighborhood homes. The changes from gabled to hip roofs and similar exterior colors, materials, they will appear as large or larger compared to the existing houses. The homeowners have been all along trying to at least get the size of homes up to the smallest home, which is 2,595 existing. The homes that we had approved were 2,100 and 2,300 square feet. In that subdivision there's 37 lots. Twenty-two newly constructed homes sized 1,840 square feet to 2,455 square feet exist today. It kind of sets the pace of what the neighborhood, what the size and the homes, and so forth that exist in the majority of the neighborhood. In correspondence with City Attorney Dave Erwin he states, this is a quote, "To suggest the Council, utilizing our ordinance, can require based on nothing more than size, Mr. Tine's homes be 2,600 square feet is to stretch our ability." These plans conform to all codes, ordinances, and are over twice the size of a 1,000 square foot minimum. I have been touted as backing out of an agreement, which isn't true, but we are willing to on Lot 28, and one of the complaints was that there weren't three -car garages, we will, on Lot 28, either include a third car garage or a bonus room. The bonus room would give us another 200 square feet. The other item which I said I would do, I would design a free-standing guest house which would become a buyer option, not build it and sell it along with the other, but give it as an option to the buyer. So if that took place, that house would be 2,600 square feet. The other house, 2,300 square feet would remain similar. As far as building all houses out at one time, I don't know, to me, smaller builder, I think it would be best to build one and then adjust the others to the market. That's what we said we'd do, and to try to compromise with the homeowners. If you've got any questions, I'd be happy to answer them. JMB Have you built all the rest of the homes in there? FT No. That was a builder by the name of Sandberg. 33 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MW That's incorrect. It was Kurt Dunham, (unclear). FT Oh, you mean the seven homes that are existing? No, that was Kurt Dunham. The other homes that are existing in that subdivision were built by Sandberg. By the way, well, it's over 1,800 to 2,400 square feet. MW No, that's incorrect (unclear)... RAS It's a compromise. BAC Madame Mayor, we should let Mr. Tirre speak and if somebody else wants to speak afterwards, then they should. FT Those are facts from the salesperson that actually sold those houses. JMB Okay. Any questions of Mr. Tirre? Okay. Anyone else like to speak. MW I just want to respond that when the neighbors got together with Mr. Tirre in June when we asked him what he had built, he mentioned Portola Place was the only place that I recall in June, if I'm mistaken, we're sorry, but I think that's what he stated to us. The homes were built by Kurt Dunham who built the Monterra Project, who was the, and that was one of the reasons we moved here from Los Angeles and our neighbors came from other areas, the Dickey's from Portland, and I think Ignacio was in the area, but that's one of the reasons that we gravitated to those homes, is that they were built with tremendous quality, built similar to the Monterra Project, which I understand has been one of the most successful projects in the desert, and that's what exactly we were, you know the block was, the subdivision was built for. But, again, our concern now is we're down to our block there are five lots, and frankly, I think that if Mr. Tirre builds the homes that he intends to, that our investments will severely be downgraded, and of course in the real estate market that we've come through in the last six years, we've hoped to wait and kind of with the right type of homes, and they don't have to be, we're not saying, we've never stated to Franz or anyone that the homes have to be like ours. In fact, a little bit of variety would be nice, it's just in terms of the size and the quality of the homes, I think that's important. For example, when we asked Mr. Tirre, and I can get some specifics, I don't want to bore everyone, we talked about the patios-- we have patios that are built out, stuccoed as part of the homes, similar to some of the nicer homes in Palm Desert. His view was that he'd put up some wood frame patio awnings, which would be, again, very incompatible with the rest of the neighborhood. It would, again, downgrade what we've all invested in. So again, we have covered, I think, specifics with Mr. Tirre. There was a meeting that he had with Bob Dickey, and in that meeting they discussed, what seemed at the time, a viable compromise, and our understanding is that Franz could not go along with it, he stated, because of his partner wouldn't let him at the time. So we've tried to, I think as good neighbors, and I think we all share in the, you know, we all have, we hope, enough common sense to try to work things out, but it seems like it has been more one-sided and unfair to the 34 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * neighbors that are appealing this, and we've all spent a lot of time on this issue, kind of taking us away from our regular jobs and respective business careers and things like that. But we all want, we're, I don't think we're asking for something that seems to be out of order as far as the block is concerned, we're just trying to preserve, I think, the investments that we've made. We've all, or many of us have spent in excess of $300,000, $340,000, $350,000, in that area six years ago, and again, ... JMB Okay. I think we understand what it is that you're trying to accomplish. Councilman Kelly. RSK From staff, a couple of questions-- first one is the development there that's on the northeast corner of Deep Canyon and Fred Waring, what size are those houses. PD Mr. Smith? Do you know that? Palmira-- I think they're more... SS They're around 22 to 28. PD I think so, yeah. RSK I didn't hear you. JMB Twenty-two... SS Twenty-two hundred to twenty-eight hundred. RSK Twenty-two to twenty-eight? SS Correct. RSK And then the other question is, when this was before Architectural Review, where was the starting point? In other words, is there any, are there compromises in what the Architectural Review Commission came up with? PD Architectural Review was mainly interested in having the houses appear to be of the same quality, architecturally, in terms of the detailing in material and landscaping, and have the same, you know, there's a list of the requirements... RSK These, these four requirements on page two there, they're additional to what the developer originally came in with? PD Yes. RSK They're added on? And there was no change-- the 2,091 and the 2,300, those are what they came in with? 35 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * SS Those are what came in with. RSK There's no change, there's been no changes in the square footage, but there's been a, some kind of compromise in the roof material, color... JMB Stucco. RSK ...stucco, front yard, courtyard, and hip roof design, hip, those are additional? SS That is correct. Those were additional items added by Architectural Review. RSK And these were the only, those were the only changes from the original? SS Those were the changes from what was submitted. FT The one change that we agreed to incorporate was to add either a third car garage or a 200 square foot bonus room to plan number 28. And the idea to design the free-standing guest house was to find out if the market would accept it. So Lot 28 went from 21... RAS What is the minimum size home that you currently are planning to build? FT Twenty-one, and if we get approval tonight, we'll go to 23 on both of them. And we'll design the guest house as an option... RAS And... FT ...which would be another 300 square feet, so it would put... RAS ...minimum size house on Daylily right now is 2,600, right? FT Right. RAS So there's a difference of 300. FT Difference of 300 square feet. RAS All right. So if, I don't know that we need to hear a lot of more, at least I don't, we've asked you to get together, this is the third time it's been in front of the Council, from my standpoint, split the difference and make the minimum size 2,450, and nobody's going to, who's going to know...they're meeting all of the agreements that ARC asked for, I guess you are? FT Yes, absolutely. 36 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * RAS Roof materials and so on. One house next to the other, and it's 150 square feet less, I don't think you're going to see it. FT You'll never see it. The front of the house looks as big or bigger than the existing houses, the way they're designed. If you elect to approve these drawings based on adding, making them 2,450, we'll accept it. Have to have some redesign. RAS Obviously you'll accept whatever we decide. You're awfully close to each other, and for three months we've been saying, "Hey guys, let's get together, let's work it out," and unfortunately, it hasn't happened. FT One of the biggest problems, is, you're right, it is a square footage, but it's also an individual's eye as to what he likes or doesn't like architecturally. So where we would go, where everybody goes, is to the Architectural Review Committee that has the experts, and they have seen many buildings, and they've said these are compatible. I don't think some of the homeowners think the buildings look bad at all, I think others don't like them, so that's just a, it's a point of what you feel looks good. Thank you. JMB Okay. Do you have something new to add? RSK You might as well give us a chance to work it out. BAC Well, Mr. Del Rio-- you haven't spoken this evening, right? IDR I haven't. JMB I've said, if you have something new to add... IDR My name is Ignacio Del Rio, I'm in 74-545 Daylily. I just want to mention two items, there's ten homes in our block, the old homes, one is 2,600, the other is 2,900, the rest of them are over 3,500. Mine is 3,800 square feet. The issue in here is not the outside or the looks, that has already been reviewed and approved by the Commission. The issue in here is the square footage. Simple as that. It's not what individual likes on the outside or the inside, or the color of the stucco, or anything else. The landscape has been approved, the square footage is what's holding us back. We feel that at home, 2,100 square footage will not be compatible with the rest of the homes, with the majority of the homes which are over 3,500 square feet. Thank you. FT Could I add one comment? COUNCIL No. JMB If you want us to make a decision... 37 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * FT No, this will be my last one. RSK There's an answer to that. FT Those big houses are two stories. There's three single story and the rest of them are all two story. I will not build two story houses, I don't think, ever again in the desert. So that's how they're getting the square footage. And if you wanna' say they look great, that's okay. JMB Okay. Audience (Unclear) COUNCIL No. RSK We could go on all night (unclear) ...they've spent enough of our time. JMB Okay. All right. Now, what is your pleasure? RSK Well, I've got a comment. JMB Comment. RSK Well, you see, we have bent over backwards trying to allow everyone to meet, compromise, and come up with some kind of a solution, and when, you know, I don't know, three, four, five months, whatever it's been, when that doesn't happen, then we're put on the spot to make the decision. So that's what we have to do. And we have to think about a lot of different things, we have to think about what the ordinance says, and one of the things the ordinance says is that you have to build a house that's a thousand square feet on an 800-foot lot, so those are the kinds of things we run into. So when you don't work it out, and we allow you that much time, and you put it on us, you know, we have to cut the baby in half, or whatever we have to do, we're the ones that are on the spot. You know, and heaven knows, we've, there's been enough time pass by, and you feel like you spent a lot of time on it, we've spent tremendous amount of time on it, and so all it comes down to the finally we've got to make a decision, and somebody's not going to like it. That's the way it always turns out, if it doesn't get done. And a lot of these things happen and there's compromises and they're worked out, but in this case, it wasn't worked out, so we're the ones on the spot. I think that Mr. Spiegel made a good suggestion, myself. RAS We made a compromise for you-- 2,450, that's my motion. RSK Second. 38 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * JMB Well, I just have a comment, I guess, before we vote, because in looking through this, in the initial Palm Gate plans for that area were 26 to 39, it seems to me that it should hold to the minimum of the 26, because that's what Palm Gate would have done if they'd have been in there if they had two lots left, and that was what we approved in 1991. RSK Couldn't sell them, though, could they? JMB Hmm? No, they hadn't built... RSK Well, why didn't they? JMB I don't know why they didn't build? RSK Well there's a good reason, they couldn't sell them. JMB Well if they weren't built, how do they know if they could sell them? RSK Why do you think they stopped? JMB Mr. Dunham died. But anyway my thought would be that, so if you want to vote on the other motion? Yeah, I could go to 25, I guess. RAS I'll amend it, if Councilman Kelly agrees, to 25 instead of 2,450. RSK Twenty-five? (Unclear) RAS All right. JMB Please vote. SRG Motion carries by unanimous vote. For purposes of clarification, Mayor Pro-Tempore Spiegel moved to split the difference in the square footage dispute between the homeowners and the builder and approve 2,500 square feet as the minimum size for the homes being built by Mr. Tine's company. Motion was seconded by Kelly and carried by a 4-0-1 vote with Councilman Ferguson ABSENT. B. CONSIDERATION OF SPEED ZONE ON HAYSTACK ROAD (Continued from the meetings of June 11, and June 25, 1998). Mr. Folkers stated that staff's recommendation had remained the same based upon the criteria it was required to follow under the California Vehicle Code. He said the situation was such that to enforce it under the Speed Trap Law for the State of California, and based on the fact 39 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * that the speed limit would be expiring on September 24, 1998, staff requested Council's passing onto second reading the ordinance which would raise the speed limit from 40 to 45 miles per hour. Mayor Pro-Tempore Spiegel stated that Councilman Ferguson lived right off of Haystack, and unfortunately he was not here this evening for the benefit of this consideration. Councilman Kelly moved to continue the matter to the meeting of September 10, 1998. Motion was seconded by Spiegel and carried by a 4-0-1 vote with Councilman Ferguson ABSENT. C. CONSIDERATION OF SPEED LIMIT ON COUNTRY CLUB DRIVE (Continued from the meetings of June 11, and June 25, 1998). Mayor Pro-Tempore Spiegel moved to waive further reading and pass Ordinance No. 878 to second reading rescinding Ordinance Nos. 702, 716, and 803, and amending Section 10.36.010 of the Municipal Code relative to establishing speed zones. Mayor Benson questioned why there were two zones, a 45 and a 50 miles per hour zone. Mr. Folkers responded that with the criteria they are mandated to use, it cannot be another way. He added that they tried to do what Council had asked for, but it could not be done legally. Motion was seconded by Councilman Crites and carried by a 3-1-1 vote with Councilman Kelly voting NO and Councilman Ferguson ABSENT. D. CONSIDERATION OF APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, CONDITIONAL USE PERMIT, AND CHANGE OF ZONE TO PERMIT CONSTRUCTION OF A 15,120 SQUARE FOOT WALGREENS DRUG STORE AT THE SOUTHEAST CORNER OF MONTEREY AVENUE AND SAN GORGONIO WAY. Case Nos. CUP 97-16 and C/Z 97-13 (McFadden/McIntosh Architects, Applicant) (Continued from the meeting of June 25, 1998). Mayor Pro-Tempore Spiegel moved to, by Minute Motion, continue the matter to the meeting of September 10, 1998. Motion was seconded by Kelly and carried by a 4-0-1 vote with Councilman Ferguson ABSENT. 40 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E. RESOLUTION NO. 98-77 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CLOSING PORTIONS OF FAIRHAVEN DRIVE AND PORTIONS OF ADONIS DRIVE TO VEHICULAR TRAFFIC (Continued from the meeting of June 25, 1998). Mr. Folkers stated that this resolution represented formal ratification of action taken previously. Mayor Pro-Tempore Spiegel moved to waive further reading and adopt Resolution No. 98-77. Motion was seconded by Benson and carried by a 3-1-1 vote with Councilman Kelly voting NO and Councilman Ferguson ABSENT. IX. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR CVAG CONFERENCE ROOM REMODEL (CONTRACT NO C14750). Mr. Conlon reported that only one contractor had bid on the subject project; however, that contractor was a good one, and one with which the City was very familiar. He further stated that staff recommended approval and award of the contract to Wall Construction conditioned upon completion of the CVAG lease renewal. He stated that the project included ceiling insulation and new ceiling system, drywalling, installation of carpet and wall coverings. He said that he had been working with Leigh Ann Vuksic, Councilmen Kelly and Ferguson, Corky Larson and Kelly Kennedy of CVAG, and this was what was needed to finish the room, and the final item would be returning to Council for the conference table and chairs, and the audience chairs. Mayor Pro-Tempore Spiegel asked Mr. Conlon that in light of the fact that only one bid was received, if it was a fair bid. Mr. Conlon responded affirmatively. Councilman Crites moved to, by Minute Motion: 1) Upon completion of the CVAG lease renewal, award Contract No. C14750 to Wall Construction, Palm Desert, in the amount of $43,620.00; 2) authorize a ten percent (10%) contingency in the amount of $4,362.00; 3) authorize the Director of Finance to appropriate $47,982.00 from Unallocated Construction Tax Funds. Motion was seconded by Spiegel and carried by a 4-0-1 vote with Councilman Ferguson ABSENT. Councilman Kelly asked that when consideration of the furniture was given, staff consider procuring chairs without arms, some of the same design as are used at the Southern California Association of Governments (SCAG) Conference Room. He felt chairs without arms around the conference table would accommodate more persons at the table and perhaps would be less expensive as well. He added that he thought the City was getting its moneys worth in this 41 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * project, but.that what he had seen so far in way of furniture, he thought the staff should use discretion. Mayor Benson concurred and suggested staff obtain pricing for chairs with and without arms. Mr. Conlon said staff would consider this type of chair style and bring back to Council a complete furniture package including the alternatives requested. B. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 1 TO CONTRACT FOR THE CONSTRUCTION OF THE PALM DESERT SOCCER PARK (CONTRACT NO. C1314Q, PROJECT NO. 686-96). Mayor Pro-Tempore Spiegel moved to, by Minute Motion: 1) Approve Change Order No. 1 to the subject contract with Valley Crest, Santa Ana, California, in the amount of $13,146.49; 2) authorize the transfer of $13,146.49 from contingency to base. Motion was seconded by Kelly and carried by a 4-0-1 vote with Councilman Ferguson ABSENT. C. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 2 TO DEEP CANYON ROAD STORM DRAIN PHASE II (CONTRACT NO. C13550, PROJECT NO. 516-97). Mr. Folkers stated that the project location, from Fred Waring to the Whitewater Flood Channel, or down to Magnesia Falls, was several years old. He went on to say that staff had hoped to save the material, but unfortunately, because of the age and construction activities as well as the fact that it had been built to a lesser standard than the current, it was necessary to perform a rebuild on the project. He said they had intended to do an overlay, but in the process found it necessary to perform some rehabilitation, hence the need for the subject Change Order. - Councilman Crites moved to, by Minute Motion: 1) Approve Change Order No. 2 to the subject contract with Cornish Construction, Bloomington, California, in the amount of $165,406.00; 2) authorize the transfer of $10,729.00 from contingency to base; 3) approve the transfer of $154,675.00 from Street Resurfacing Account No. 110-4311-433-3320 to project account 420-4379-433-4001. Motion was seconded by Kelly and carried by a 4-0-1 vote with Councilman Ferguson ABSENT. 42 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 1 TO CONTRACT NO. C14550 FOR ENGINEERING DESIGN OF MONTEREY AVENUE AND COUNTRY CLUB DRIVE INTERSECTION (PROJECT NO. 640-98). Mayor Pro-Tempore Spiegel moved to, by Minute Motion: 1) Approve Change Order No. "1 to the subject contract with Nickerson, Diercks & Associates in the amount of $19,305.00 for additional engineering design services for the ultimate improvements of the subject intersection and appropriate funds from Account No. 110-4300-413-3010; 2) authorize the City Clerk to advertise and call for bids for the ultimate improvements of the subject intersection. Motion was seconded by Kelly and carried by a 4-0-1 vote with Councilman Ferguson ABSENT. E. REQUEST FOR APPROVAL OF EQUIPMENT LEASE WITH ASSOCIATES COMMERCIAL CORPORATION FOR MOUNTAIN VIEW COURSE AT DESERT WILLOW. Councilman Kelly moved to, by Minute Motion, authorize staff to negotiate a lease of equipment to be used at the Desert Willow Golf Resort and authorize the Mayor to execute said lease for maintenance equipment. Motion was seconded by Spiegel and carried by a 3-1-1 vote with Mayor Benson voting NO and Councilman Ferguson ABSENT. F. REPORT ON CALIFORNIA STATE UNIVERSITY SAN BERNARDINO CAMPUS BY DR. PETER WILSON. Mayor Pro-Tempore Spiegel moved to continue the report to the meeting of September 10, 1998. Motion was seconded by Kelly and carried by a 4-0-1 vote with Councilman Ferguson ABSENT. X. REPORTS AND REMARKS A. CITY MANAGER 1) Consideration of Request to Postpone Payment of Housing Mitigation Fee. Mr. Diaz reported that this request was relative to the Courtyard and Residence Inn project. Councilman Kelly moved to, by Minute Motion, approve the request to postpone payment of the Housing Mitigation Fee. Motion was seconded by Spiegel and carried by a 4-0-1 vote with Councilman Ferguson ABSENT. 43 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CITY ATTORNEY 1) Report and Action on Items from Closed Session Made at This Meeting. It was announced that upon a 4-0-1 vote of the Palm Desert City Council with Councilman Ferguson ABSENT, the City Attorney was directed to file an Appeal of the decision in the case of City of Palm Desert v. Western Waste, Riverside County Superior Court, Case No. 090744. (This announcement was made by Mayor Benson at 10:30 p.m. immediately following Closed Session discussion and prior to Adjournment.) 2) Request for Closed Session Mr. Hargreaves requested Closed Session consideration at an appropriate time for the items listed on the Agenda and Agenda Addendum. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Southwest corner of Highway 111 and San Pablo Avenue Negotiating Parties Agency: City of Palm Desert/Ramon A. Diaz, City Manager Property Owner: Allan Nyman Under Negotiation: _L Price Terms of Payment NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THIS MEETING. 2) Property: Lease Property - Parkview Professional Office Buildings, 73-710-720 Fred Waring Drive, Palm Desert, CA 92260 Negotiating Parties: Agency: City of Palm Desert/Paul S. Gibson, Finance Director Property Owner: City of Palm Desert Other Parties: State of California - Department of Rehabilitation Under Negotiation: j. Price _2i_ Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) City of Palm Desert v. REFCO Capital Corporation, et al., United States District Court, Central District, Case No. CV92-7632 b) City of Orange, et al. v. Alabama Treasury Advisory Program, et al., Los Angeles _ Superior court Case No. BC106461 44 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * c) City of Palm Desert v. Western Waste, Riverside County Superior Court, Case No. 090744 Significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 4 C. CITY CLERK 1) Reminder of City Council Study Session on Thursday, September 10, 1998, at 2:00 p.m. for the purpose of conducting applicant interviews for the Housing Commission. 2) Mrs. Gilligan reported that the special edition of the Bright Side newsletter regarding deregulation had been distributed and was already the subject of much feedback. Councilman Crites complimented City staff for a job well done on the special edition. Mrs. Gilligan stated compliments should be extended to the City of Indian Wells for the permission they provided to copy part of their article. D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1) Consideration of Salton Sea Legislation (Mayor Jean M. Benson). Councilman Kelly moved to, by Minute Motion, direct the Mayor to send letters of support to United States Senators Boxer and Feinstein, as well as the Chairman of the Senate Environment and Public Works Committee, and Governor Pete Wilson encouraging approval of Senator Boxer's Senate Bill 1716 which would earmark $3 50 million for restoration of the Salton Sea, enclosing with each letter a copy of Resolution No. 98-18 adopted February 26, 1998. Motion was seconded by Crites and carried by a 4-0-1 vote with Councilman Ferguson ABSENT. 2) Consideration of Cooperative Effort to Clean and Restore the Date Grove at College of The Desert (Mayor Jean M. Benson). Mayor Benson stated she had met with Dr. Kroonen, and he asked if the City was interested in forming a committee to consider a joint project with the College to restore the Date Grove. She stated that the College did not have the funds available to properly clean up the area and that various date grove professionals had expressed their interest in doing this along with installing some type of informational kiosk center there. She went on to say that they did 45 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * not get into particulars of the project (i.e. chain link fencing) and recalled that the City had, at one point, asked the College if its date harvester would be interested in harvesting the City's grove. She said it was upon her mention to Councilman Crites about cleaning up the unsightly area that prompted Dr. Kroonen's visit, and when he asked her about a cooperative effort she said she was personally in favor but would need to take the idea to Council for its action, possibly appointment of a committee to review the project. Mayor Pro-Tempore Spiegel moved to, by Minute Motion, begin the process of evaluating the College of The Desert Date Grove project by directing staff to form a committee to make a comprehensive review of the restoration and bring back to Council, for its consideration and approval, a complete report of the necessary action required to accomplish the project including the total cost. Motion was seconded by Benson and carried by a 4-0-1 vote with Councilman Ferguson ABSENT. With Council concurrence, Mayor Benson was appointed to serve on the Ad Hoc Date Grove Restoration Committee. o City Council Committee Reports: None XI. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION Please see individual items for discussion and action taken. XII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO ERIC JOHNSON (Continued from the meeting of July 9, 1998). Mayor Benson commented that Councilman Crites would be making the presentation to Mr. Johnson since they had worked so closely together in the past many years. She stated that Mr. Johnson deserved much recognition not only for his work at the City of Palm Desert, but for his work with the various landscape architects in the area, some of whom told her that they owed their livelihood to Eric-- what they learned in college was not what they learned from Eric and they owed him a debt of gratitude. Councilman Crites presented a framed cover article from the June 18, 1998, Palm Desert Post regarding Mr. Johnson's pioneering work to preserve the desert and his development of landscape techniques in order to accomplish that goal. Mr. Johnson said he was very touched by the recognition. He said the greening of the Valley had come a long way since he first saw it in 1938. He said that he had learned much both in 46 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * *'* * * * * * * * * * * * * * * * * * * * * * * * * * * Arizona and in Las Vegas which he applied to issues here, and he gave special mention to the University of Arizona for its assistance in his success. B. PRESENTATION TO DR. WILLIAM KROONEN IN RECOGNITION OF HIS APPOINTMENT AS PRESIDENT OF COLLEGE OF THE DESERT ON MARCH 26, 1998. With Council concurrence, Mayor Benson continued this presentation to the meeting of September 10, 1998. C. RECOGNITION OF PALM DESERT SILVER ANNIVERSARY FIREWORKS DISPLAY PARTICIPANTS-- MIKE KEANE, RICK MOORTEN, FRANK TOROK, POWER RADIO 100.5, WASTE MANAGEMENT OF THE DESERT, SUNLINE TRANSIT AGENCY, SHEILAH REED, AND DON ENOS. Mayor Benson presented engraved clocks to the participants and recognition plaques to the sponsors of the Palm Desert Silver Anniversary Fireworks Display held Saturday, July 4,. 1998. Mrs. Gilligan expressed her appreciation to the recipients for their coming forward time and time again to assist with the events hosted by the City of Palm Desert. She then gave special recognition and thanks to Pat Scully, Community Affairs Specialist, for her hard work and organizational skills which greatly contributed to the event's success. Mayor Benson presented the next two items simultaneously to Paul Gibson, Director of Finance. D. PRESENTATION OF AWARDS OF FINANCIAL REPORTING ACHIEVEMENT TO PAUL S. GIBSON, DIRECTOR OF FINANCE, AND AGNES G. FLOR, FORMER FINANCE OPERATIONS MANAGER BY THE GOVERNMENT FINANCE OFFICERS ASSOCIATION OF THE UNITED STATES AND CANADA. Mayor Benson presented the Awards of Financial Reporting Achievement and Certificate of Award for Outstanding Financial Reporting 1996-97 to Paul Gibson, Director of Finance, also recognizing Agnes Flor, who had moved on in her success by accepting a position with the City of Rancho Mirage. She expressed the City's pride in and its appreciation for the entire Finance Department staff for their due diligence and the vital role contributed to the City's success. E. PRESENTATION OF CERTIFICATE OF AWARD FOR OUTSTANDING FINANCIAL REPORTING 1996-97 TO THE CITY OF PALM DESERT BY THE CALIFORNIA SOCIETY OF MUNICIPAL FINANCE OFFICERS. Mayor Benson presented the Certificate of Award to Mr. Gibson. 47 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * F. APPOINTMENT OF TWO REPRESENTATIVES (ONE EACH FROM LAS SERENAS APARTMENTS AND ONE QUAIL PLACE) TO THE HOUSING COMMISSION (Continued from the meetings of March 26, April 9, April 23, May 14, and June 11, and June 25, 1998). Councilman Crites moved to continue this item to the meeting of September 10, 1998. Motion was seconded by Spiegel and carried by a 4-0-1 vote with Councilman Ferguson ABSENT. _ G. CONSIDERATION OF APPOINTMENT OF CITY REPRESENTATIVE TO THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION. Councilman Crites moved to, by Minute Motion, appoint Councilman Richard S. Kelly to serve as the City of Palm Desert's representative to the Riverside County Transportation Commission. Motion was seconded by Spiegel and carried by a 3-0-1-1 vote with Councilman Ferguson ABSENT and Councilman Kelly ABSTAINING. Councilman Crites moved to, by Minute Motion, appoint Mayor Pro-Tempore Robert A. Spiegel as alternate representative to the Riverside County Transportation Commission. Motion was seconded by Kelly and carried by a 3-0-1-1 vote with Councilman Ferguson ABSENT and Mayor Pro-Tempore Spiegel ABSTAINING. XIII. PUBLIC HEARINGS A. CONSIDERATION OF APPROVAL OF A PRECISE PLAN/CONDITIONAL USE PERMIT, TENTATIVE TRACT MAP, DEVELOPMENT AGREEMENT AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR AN 18-HOLE GOLF COURSE, 1,200 UNIT TIMESHARE RESORT AND SUPPORTING AMENITIES ON 300± ACRES ON THE EAST SIDE OF MONTEREY AVENUE BETWEEN FRANK SINATRA DRIVE AND GERALD FORD DRIVE Case Nos. PP/CUP 98-5. TT 28818 and DA 98-1 (Marriott Ownership Resort, Inc., Applicant) (Continued from the meetings of June 11, and July 9, 1998). Councilman Crites moved to, by Minute Motion, continue the public hearing to the meeting of September 10, 1998. Motion was seconded by Benson and carried by a 4-0-1 vote with Councilman Ferguson ABSENT. B. CONSIDERATION OF THE FORMATION OF ASSESSMENT DISTRICT NO. 98-1 (THE CANYONS AT BIGHORN). Mr. Coleman stated the developer, Bighorn, requested the formation of an assessment district to issue bonds for the construction of public improvements, mainly water, sewer, drainage, and Highway 74 widening, and added that the assessment district would also include design cost and fees. He said the developer proposed building 257 custom residential home sites and an 18-hole golf course designed by Tom Fazio, which was currently under construction. He stated 48 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING • AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * — the developer wanted to act as the construction manager, and this was an item which would require separate consideration by the Council and would be brought back to a later meeting, it was not a part of this hearing. He went on to say that staff obtained the Preliminary Engineer's Report and ordered an appraisal expected to be completed next week; however, a limited appraisal had been issued with a restricted report allowing review of value to lien ratios in order to determine whether or not the improvements could be ordered. He said that the criteria called for 3:1 value to lien before the improvements could be ordered and the assessment district formed. He reported that the limited appraisal of the property on the total aggregate retail would be not less than $175,000,000 as certified by MacKenzie, Wagner & Associates, providing a value to lien ratio of approximately 4.5:1. He said that ballots were sent to property owners and lenders which would be tabulated with results provided at the close of the public hearing. He added that the District Counsel provided an outline of necessary actions to be followed and that members of the District Counsel and Bond Counsel, Mr. Bill Strausz and Ms. Robin Harris; a representative from the Assessment Engineer, Mr. Jim McGuire; two representatives from the investment banking firms, Mr. Lonnie Odom of Redwood Securities and Ms. Pam Newcomb from Kinsell, O'Neal, Newcomb & De Dios; and two representatives from the developer, Mr. Carl Cardinalli and Mr. Joseph Curtis, were all in attendance. He then offered to answer any questions from the Council. Councilman Crites asked which reservoir in the District was being deleted. Mr. Coleman answered that it was not deleting the building of the reservoir, it deleted the relocation of a reservoir, which was an existing 680 reservoir on CVWD property. He said the reservoir could be relocated and built elsewhere, it just could not be paid for with tax exempt funds since the finding could not be made that it was of benefit to the District. Upon question by Mayor Benson, Mr. Coleman answered he was unsure whether they would be moving the existing tank. Mayor Benson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to the formation of Assessment District No. 98-1 (The Canyons At Bighorn). With no testimony. offered, she requested tabulation of the ballots. Mr. Coleman reported that the ballots received had been tabulated by the Finance Department staff with all received except five ballots determined to be undeliverable. He said out of the $44,671,000 worth of ballots, $43,015,477 worth of ballots were received with 100% "Yes" votes. He noted that following passage of Proposition of 218, a weighted average was used to calculate ballots by how much the property owner would have to pay. Mayor Benson declared the public hearing closed. 49 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * " * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Pro-Tempore Spiegel moved to: 1) Waive further reading and adopt Resolution No. 98-98 making certain findings and taking certain actions in connection with the proposed Assessment District No. 98-1; 2) waive further reading and adopt Resolution No 98-99 ordering modifications to the Engineer's Report as so modified, confirming the assessments and ordering proposed improvements to be made in connection with Assessment District No. 98-1; 3) waive further reading and adopt Resolution No. 98-100 ordering changes in connection with Assessment District No. 98-1; 4) waive further reading and adopt Resolution No. 98-101 authorizing the issuance of not to exceed $44,671,052 aggregate principal amount of the City of Palm Desert Assessment District No. 98-1 (The Canyons At Bighorn), Limited Obligation Improvement Bonds, Series 1998, and the execution and delivery of a Fiscal Agent Agreement, a Continuing Disclosure Agreement, a Purchase Contract and an Official Statement, and approving a Preliminary Official Statement in connection therewith. Motion was seconded by Kelly and carried by a 4-0-1 vote with Councilman Ferguson ABSENT. C. CONSIDERATION OF APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND AMENDMENT TO A DEVELOPMENT PLAN FOR A 183,094 SQUARE FOOT EXPANSION TO THE PALM DESERT TOWN CENTER. AND 956 SPACE SINGLE LEVEL PARKING DECK. Case No. DP 12-79 Amendment (TrizecHahn/Palm Desert, Inc., Applicant). Mr. Drell stated that TrizecHahn had been working to restructure the financing of the Palm Desert Town Center to accomplish renovation and remodeling in order to bring it up to modern retailing standards which involved expansion of the major retailer, Robinsons May, with potential expansion of JC Penney and Macy's, and reconstruction of the theater complex as an 18-screen stadium theater presentation. He said part of the expansion would include construction of a 956-space parking deck along the northern boundary of the property. He said one issue to be considered was the traffic impact of the expansion, full text of which was included in the staff report and the traffic consultant was in attendance to answer any questions. He said the second issue included aesthetics and architecture, with the main architectural emphasis of the remodel being the creation of an entertainment spline perpendicular to the main east -west commercial space from the Highway 111 side back to the theaters terminating at the new theater building, which received the most attention due to the stadium theater format, the achievement of which required first and second level. He added that the staff report reflected a 70 foot height, but he understood that they had now achieved a reduction to approximately 66 or 67 feet, and as measured from the north side of the mall, the current structures were approximately 44 feet. He said the Architectural Review Commission (ARC) had directed the Applicant to either architecturally, or through other means, address that issue, and at the last ARC meeting, they returned with some detailed architecture which the Applicant would present as part of their whole package presentation today. He said through use of architectural detailing and adjacent landscaping the impact of this tall structure tended to be mitigated, and the presentation was received favorably by the ARC resulting in its preliminary approval. He said most of the other architectural plans were still in a preliminary stage. He said the Applicant would be presenting a detailed photo study and a view study of the potential impact of the structure given the relative success of the original landscape screening 50 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * accomplished on Rancho Grande in the back. He said that with a few gaps, this was one area where the trees planted grew to make it one of the quietest, more serene residential streets in the City. He said he wanted to make a correction regarding the Planning Commission, its meeting was held prior to the ARC's review of the revised architecture on the theaters, and the vote to send it onto the Council was 3-1-0 with Commissioner Finerty voting no, not because she was in opposition, but because she felt uncomfortable sending it onto the Council given the stage of architecture for the theater at that time. He went on to say that he provided a resolution of approval, not expecting its adoption tonight; the main purpose of the hearing tonight was for the Applicant to present its concept to the Council for receipt of input as to the design. Councilman Crites said he had previously expressed concern for the parking lot tree requirements and lack thereof, he had been assured every time that the second the expansion came through, it would be an integral part, but he did not see anything which even referred to that issue. He wondered if it was just too early to see this. Mr. Drell said staff had not seen the landscape plan at all, so the answer was, yes; the requirement would be to meet the City's new landscape standards as they were being developed for the entirety of the project. He said for part of the project there were plans for installation of car ports, and it was desired that the whole property came up to the newly -developed parking lot standards. Mayor Benson stated she understood this was more the financing mechanism regarding the amount of expansion to take place and final drawings would be seen later. Mr. Drell stated Council would begin to see the drawings tonight. Councilman Crites asked if the developer had yet met with Public Arts and expressed his concern that this issue seemed to always be at the end of the process instead of at the beginning. He cited that at the inception of the Art In Public Places Program (AIPP) in Palm Desert, the Sacramento and Phoenix areas were visited where both cities primarily worked with AIPP on parking structures to make them as attractive as possible since parking structures traditionally lacked attractiveness, and that many interesting things had been done to achieve this goal. He was quick to add that he was not faulting the developer or anyone else, but that AIPP should be in the process well before someone came to the Council with drawings. Mr. Diaz stated that it was the Applicant's intention to indicate where they were in the AIPP process and that there was certain information they wished to present the Council with regard to how the parking structure would be built in order to proceed to the AIPP Subcommittee with their plans. Upon question by Mayor Benson, Mr. Drell responded that the drawings about to be presented by the Applicant tonight were the most recent refinement as reviewed by ARC with regard to 51 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING •AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * the theater, but they had passed the project onto the Council with the proviso that they continue to be involved in reviewing the architecture and design as it came along. He added that ARC felt it was important to expedite the program by way of the Council also reviewing the designs in order to obtain its input so everything could move ahead. He understood the Applicant would start in 19991. Mayor Pro-Tempore Spiegel stated he understood this was an initial, conceptual type of presentation. He added that this project would take three years to complete and would not start for another year. He said the presentation tonight would show their ideas of how the mall would be put together with an entertainment area, a food court, and stadium -type theater. He added that the developer had just remodeled a center in La Jolla which would probably be somewhat emulated here, so he suggested that the various committees, commissions and the Council look at this center. He said there was also a center in the same area freshly remodeled which he felt to be one of the best in the United States, Fashion Valley, including stadium -type seating in the theater and the addition of new parking garages which merited review as well. Mayor Benson declared the public hearing open. MR. SKIP KUEHN, Project Manager for TrizecHahn Development Corporation, said he was here to present the expansion plans, conceptual though they were, for the Palm Desert Town Center. He presented several site plans and conceptual drawings to the Council for their review. He stated that the expansion plan was composed of several components, the most notable being expansion of three of the five department stores at the shopping center. He said currently Robinsons May and Macy's both had two stores, and this particular expansion contemplated expansion of the western Robinsons May store by approximately 55,000 feet providing them with a full line presentation of approximately 180,000 in the entire store once complete. He said there was also negotiation regarding their eastern store at the center to be sold to another department store; however, those discussions were still ongoing. He reported that the Macy's Men's & Home Store on the north side of the project would be expanded by 22,000 square feet, and the JC Penney at the eastern end would be expanded by 50,000 on two levels, at least these were the current plans. He said that part of the process here was not only to remodel the entire interior of the shopping center to bring it into the new millennium, but to also create an entertainment spline in order to introduce an excitement factor into the center that would expand its operating hours and bolster the evening trade. He said it was their idea to anchor the center at both ends-- on the north with a new and expanded Metropolitan Theater presentation including stadium seating, state -of -the art theater, with a combination of smaller and larger auditoriums, and that although the building was of considerable size, it would give the City of Palm Desert and patrons of the Coachella Valley the full-blown, denser, metropolitan area presentation that the theater groups were making now. He said the other end would be anchored by a nice restaurant with some of the architectural features of the project being porte cocheres providing for valet parking and sheltered drop-off, serving to also punch up the entries giving them a little bit more identify than they had today. He further stated that all of the expansion had to be supported by some additional parking, which would be a single- 52 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * *' * * * * * * * * * * * * * * * * * * * * * * * * * * * level structure, taller, not the typical ten-footer which was cavernous andoppressive, but would have clear height approximately 12 to 121/2 feet with almost a flat walk-on from the bridges into the second level of the shopping center, actual floor to floor heights of 17 feet, similar to the shopping center itself. He said the difference in the clear height and the height of the deck represented the fact that this deck would be constructed with precast concrete, the T's have an approximate three foot depth to them, and in between would serve for installation of light fixtures. He then introduced David Bircher, Project Architect for Fiola & Archuletta Architects, to provide further presentation with the architectural embellishment intended for the project. Councilman Crites commented that when developers come before the Council with a presentation including visual aids, they should be requested to provide additional copies so that the audience may view the same information simultaneously with the Council. He said this would better afford audience members opportunity to review the information in order to make their comments accordingly. He was quick to add that he was not faulting the presenting developer, just a request for future such presentations. MR. DAVE BIRCHER, Project Architect for Fiola & Archuletta Architects, 116 East Broadway, Glendale, CA, provided detailed information regarding the particulars of the expansion as he highlighted specific items on the various drawings before the Council. He noted that the expansion included remodeling of the entire mall as it existed with the introduction of new floor covering materials, upgrade of all the lighting, new graphics, new directories and signage which would tie everything together. Upon question by Mayor Pro-Tempore Spiegel regarding comparison of the present food court to the proposed, Mr. Bircher stated opening up the area would be the main change. He said there were two vendors at the corner which would be removed in order to allow the food court to spill out for better visibility. He went on to say that some square footage would be added to accommodate approximately four or five vendors. MR. KUEHN added that much of the food court would change, the only remaining similarity would be the actual lease line configuration. He said the floor would be flattened out, openings would be created between the first and second levels, with more restaurant tenants added below the food court to create a whole wing of food with fast and finger food on the second level, sit-down food opening into a children's play area in a park setting with water fountain, etc., beyond, as they had in their La Jolla center. Mayor Pro-Tempore Spiegel commented that at one point, discussion occurred about utilizing the City's interactive fountain in the remodeled Town Center and wondered whether this idea was still viable. MR. BIRCHER stated they were still looking at this idea, possibly introducing this water element, an interactive kid's feature, near the restaurant area. 53 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon question by Mayor Pro-Tempore Spiegel as to the status of an agreement with Macy's on the project, Mr. Kuehn responded that agreements with all the department stores were finalized. He added that their group would be meeting with Macy's-Palm Desert on September 3 to discuss their store expansion. He said that with regard to the AIPP requirement, they were well aware of it, knew it needed to be brought into the project, but had been so busy with many of the other elements of the project that they had not focused on its location, etc. He said that if the Council made the trip to La Jolla, he wanted to share with them the children's play area; he felt this was an area for possible AIPP consideration. He added that if it was determined to be better utilized in the parking structure, they were open to this suggestion, or maybe they could incorporate it into both places. He emphasized that they very much wanted to do something special in the play area. Upon question by Mr. Diaz whether TrizecHahn had already had meetings with AIPP, Mr. Kuehn said they had basically talked about the scale of the commitment. Mayor Pro-Tempore Spiegel added that since plans were to change the major entrance into the upper level, this would also possibly be a site to create some excitement. MR. DON ZAVATTO, 38-562 Nasturtium Way, Palm Desert, stated he spoke for himself and also as Vice President of the Desert's Youth Hockey Organization, the Desert Coyotes. He said he had researched the origination of the mall and the original conditions of its approval. He said at the time, the developer of the mall had introduced many community -based spaces within it as enticements for approval by the City to offset some of the entitlements they were requesting. He went on to say that since that time, all those spaces had disappeared with the exception of the skating rink, and City Council Resolution No. 79-125 contained a condition which specifically addressed the concerns that this exact action would occur in the future. He said the burden of allowing the conversion of these spaces to higher profit use areas was specifically assigned to the Planning Director, and this condition was added to address the letter generated by the Palm Desert Homeowners' Association who had seen the same course of events occur at the Palm Springs Mall. He said that his group appreciated the support given by the mall and the Coachella Valley Recreation & Parks District for the reopening and continued operation of the existing rink in the past, and while they did not oppose the development plan in general, they were opposed to the mall developers' plan to convert the rink area. He said he did not understand why the Planning Director or the City Council would support this portion of the proposed plan and offered many reasons for the City to require that the rink area remain: 1) Would honor the conditions and spirit of the original mall approval and concerns of the citizens at that time; 2) creation of new space in lieu of removing and remodeling the rink area would bring additional revenues to the City and County by allowing further tax assessments generating school district fees required by the State in assessment for new construction; 3) removal of the rink would take away the unique character this piece of "kinetic sculpture" added to the community mall. He said he understood Mr. Hahn was particularly proud of that feature. He said the loss of the rink facility took away from the recreational facilities available to Palm Desert and neighboring Coachella Valley residents 54 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * visiting the mall. He said that as a resident and on behalf of the 100+ families of the Desert Coyotes organization, he asked the Council to impose a condition that the only remaining community -based area in the mall, the ice rink facility, remain as such, disallowing the conversion of this space to anything else. He understood the new management team of Skate City and Parks & Recreation would be glad to continue its operation. He said their second choice would be to condition the conversion of the existing rink to be delayed to such time that a like facility was opened in the Coachella Valley, and stated their group had endorsed Mr. Gary Steven's proposed project in Palm Desert. He said he appreciated the Council's consideration. MS. MICHELLE ZAHARIADES, 72-811 Sierra Vista Drive, Palm Desert, said she was a lifetime Valley resident with her current home in the area directly behind the mall which was greatly affected by the addition of the mall. She said she had attended the redevelopment meeting Tuesday night and learned exactly what the impact would be on her neighborhood. She referred to the developer's drawings in order to express her concerns over the project. She stated that even though the back side of the mall protected some of the glaring boxy view from Highway 111, it directly impacted the view from her home. She said that with the proposed 66-foot building, the view of the mountains and sky they presently enjoyed would be cut if not obliterated. She added that their neighborhood, sort of an island surrounded with wall and berm areas which were very nice, would also be impacted by this expansion with possible extra noise generated from the parking structure, even with the additional landscaping. She wondered if there were any additional mitigation of the total effect to address her concerns -- did the theater need to be placed as was proposed, did it need to be as high as proposed, and if a stadium -type effect was absolutely necessary with 18 theaters. She added that she appreciated the mall, but was concerned for a decline in her property value with the effect of its expansion, even though not everyone's view would be impacted due to the curved configuration of the -streets within the neighborhood. Councilman Crites asked if the project tonight required approval of specific height or other specific details. Mayor Pro-Tempore Spiegel responded that the staff recommendation was for adoption of a resolution for the amendment of DP 12-79 subject to conditions and resolution of architectural concerns. He said this represented a conceptual idea. Mr. Drell added that he provided the resolution in case the Council chose to adopt something, but he expected it would not adopt anything; the goal of this meeting was to see the plan, to give input to the developer so that if changes were required, he did not expend much effort only to have major changes near finalization of the project. Upon question by Councilman Kelly as to what action was taken by the Planning Commission, Mr. Drell answered that they moved it along in terms of the magnitude of the expansion; however, they had the same concern for height and architecture of the theaters and said, in 55 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * *' * * * * * * * * * * * * * * * * * * * * * * * * * * * essence, they were in agreement with it so far, but wanted the Council to see it, wanted — continued review of the refinement of the architectural design, and reserved the right to comment back to the Council on the solution to the architectural problem with the theater. Mayor Pro-Tempore Spiegel added that all of the above had to go through Architectural Review, etc. Mr. Drell said that ARC saw the complete presentation of the photo study, and upon reviewing it with the elevation of the theater as seen tonight, felt it acceptable with the addition of more landscaping in the gaps revealed in the photo study. Mayor Pro-Tempore Spiegel referred to the action of the Planning Commission where they indicated their conceptual support for the proposed project subject to resolution of all issues. He said increasing the size of Robinsons May, JC Penney, creating a second level entrance to the theaters rather than entering from the outside, improving the food court from its current state, and establishing an entertainment center with stadium theaters (the current trend in all malls) was the issue here. He said that the fine points of the expansion would all be back before the ARC, Planning Commission, AIPP, and City Council. Mr. Diaz noted that in terms of projects of this magnitude, and he referenced the ice rink as an example, conceptual review for vital feedback was periodically needed in order to fast track the project and communicate between the Council and the various commissions. He said the old process was a much slower one, the Council would not have seen the project until it was nearly complete at the risk of its dissatisfaction. Mayor Pro-Tempore Spiegel strongly reiterated his suggestion for ARC, Planning Commission, AIPP, and the City Council to make a trip to TrizecHahn's center in La Jolla at La Jolla Village Drive and Genessee and the new Fashion Valley expansion for valuable input. Councilman Crites said he would also want the opportunity to stand in the neighborhood to analyze the view issues in anticipation of a fair amount of concern over the height proposed at 25 feet higher than the existing elevation, as well as noise abatement for the parking structure, as he was personally concerned for these. MR. BEN FICELLA, 72-814 Tampico Drive, Palm Desert, said he lived one block behind the Palm Desert Town Center wall, and was overall very pleased with the concept of the proposed expansion and was in favor of same. He said that he had some initial concerns for height, noise, and lighting, but felt comfortable that the developer was taking the appropriate steps which would minimize the effects of these issues. With no further testimony offered, Mayor Benson declared the public hearing closed. 56 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * — For the benefit of Mr. Zavatto, Councilman Crites commented that earlier in tonight's meeting, the Council directed that a meeting with the parties involved in building an ice rink complex on Monterey and a target team of City staff take place in order to expedite the process and provide quick answers to questions of feasibility and economics. He respectfully added that when the City Attorney and members of Council reviewed the original conditions of approval for the mall, it was not found that continuation of an ice rink was a condition of the mall's approval, even though it was an idea highly thought of at the time. He went on to say that the City was going to do its best to see what else it could do to resolve the present situation. Mayor Pro-Tempore Spiegel concurred with Councilman Crites and moved to, by Minute Motion agree with: 1) The concept of a double -deck parking garage; 2) the concept of expanding the Robinsons May Company; 3) the concept of stadium theaters; 4) the concept of expanding JC Penney; and 5) creation of an entertainment center all within the Palm Desert Town Center. Motion was seconded by Kelly and carried by a 4-0-1 vote with Councilman Ferguson ABSENT. With Council concurrence, Mayor Benson directed staff to arrange a trip to La Jolla in order to view the aforementioned retail centers and for staff to work with residents surrounding the Town Center in order to define and address the issues they have with regard to the proposed expansion. XIV. ORAL COMMUNICATIONS None XV. ADJOURNMENT Upon a motion by Spiegel, second by Crites, and a 4-0-1 vote of the City Council with Councilman Ferguson ABSENT, Mayor Benson adjourned the meeting to Closed Session at 9:33 p.m. She reconvened the meeting at 10:30 p.m. and immediately adjourned with action announced from Closed Session as is listed under Item X, Reports and Remarks, B-1. City Attorney - Report and Action on Items from Closed Session Made at This Meeting. ATTEST: SHEILA R. GIGAN, CIT CLERK CITY OF PALM DESERT, ALIFORNIA 41/(' . BENSON, MAYOR 57