HomeMy WebLinkAbout1998-07-09MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JULY 9, 1998
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I. CALL TO ORDER
Mayor Benson convened the meeting at 4:06 p.m.
H. PLEDGE OF ALLEGIANCE - Councilman Richard S. Kelly
M. INVOCATION - Councilman Jim Ferguson
IV. ROLL CALL
Present:
Councilman Jim Ferguson
Councilman Richard S. Kelly
Mayor Pro-Tempore Robert A. Spiegel
Mayor Jean M. Benson
Excused Absence:
Councilman Buford A. Crites
Also Present:
Ramon A. Diaz, City Manager
David J. Erwin, City Attorney
Sheila R. Gilligan, Director of Community Affairs/City Clerk
Carlos L. Ortega, RDA Executive Director
John M. Wohlmuth, ACM/Director of Administrative Services
Pat Conlon, Director of Building & Safety
Phil Drell, Director of Community Development
Paul S. Gibson, Director of Finance/City Treasurer
Richard J. Folkers, ACM/Director of Public Works
Rudy Acosta, RDA Project Manager
Dennis Coleman, Redevelopment Agency Analyst
Teresa LaRocca, Housing Programs Coordinator
Daivd Yrigoyen, Redevelopment Agency Manager
Joseph S. Gaugush, Engineering Manager
Rachelle D. Klassen, Deputy City Clerk
V. ORAL COMMUNICATIONS
None
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REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 1998
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VI. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of June 25, 1998.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 61, 62, and
62PD Office Complex.
Rec: Approve as presented.
C. CLAIM AGAINST THE CITY AND REDEVELOPMENT AGENCY(#3661 by
Richard M. English & Associates, Juan M. Armenta and Mary English Lloyd in an Unspecified
Amount.
Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the Claimant.
D-1. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Tracy Enterprises, LLC, for
Coco's, 73-397 Highway 111, Palm Desert.
Rec: Receive and file.
D-2. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Blue Sky Hospitality Group for
Gila Steaks & Seafood, 74-950 Country Club Drive, Palm Desert.
Rec: Receive and file.
E-1. MINUTES of the Finance Committee Meeting of April 15, 1998.
Rec: Receive and file.
E-2. MINUTES of the Civic Arts Committee Meeting of May 11, 1998.
Rec: Receive and file.
E-3. MINUTES of the Housing Commission Meeting of May 13, 1998.
Rec: Receive and file.
E-4. MINUTES of the Library Committee Meetings of April 8, and May 13, 1998.
Rec: Receive and file.
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F. PORTFOLIO MASTER SI JMMARY for the Period Ending May 31, 1998.
Rec: Receive and file.
G. REQUEST FOR AUTHORIZATION to Advertise and Call For Bids for Office Furniture for
Business Support Center,
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the
purchase of office furniture for the Business Support Center from the allocated budget
of $26,000.00.
H. REOUEST FOR AUTHORIZATION to Purchase Traffic Signal Controller Assembly for the
Intersection of El Paseo and San Pablo Avenue (Project No. 634B-97).
Rec: By Minute Motion, authorize staff to purchase the traffic signal controller assembly for
the intersection of El Paseo and San Pablo Avenue in an amount not to exceed
$10,936.00.
I-1. REOUEST FOR AWARD OF BID for ADA Automatic Doors at Seven Locations at the Civic
Center.
Rec: By Minute Motion: 1) Award Contract No. C13450 to Pacific Architectural Systems
in the amount of $33,514.00 plus a ten percent (10%) contingency in the amount of
$3,351.00 for a total amount of $36,865.00, 2) appropriate amount of bid award plus
contingency from the unobligated new construction tax funds Account No. 231-4161-
415-4040.
I-2. REOUEST FOR AWARD OF CONTRACT for Phases I and II (Master Plan and Cost Estimate)
of the Civic Center Park Amphitheater Upgrade.
Removed for separate consideration under Item VII, Consent Items Held Over. Please see this
portion of the Minutes for discussion and action.
I-3. REOUEST FOR APPROVAL of Contract for Additional Cable Installation in Business Support
Center.
Rec: By Minute Motion: 1) Approve Contract No. C 14650 with Wescom Communications,
Inc., Palm Desert, California, in the amount of $3,906.98 for additional cabling for
computer and telephone in the Business Support Center offices; 2) authorize the
Director of Finance to appropriate $3,906.98 from Unallocated Construction Tax
Funds.
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J. REOUEST FOR APPROVAL of Change Order No. 1 to Contract No. C12610 for Street and
Signal Improvements on Portola Avenue and Hovley Lane East (Project No. 638-97).
Rec: By Minute Motion: 1) Approve Change Order No. 1 to Contract No. C12610 with
Cooley Construction, Victorville, California, in the amount of $6,281.57; 2). authorize
the transfer of $6,281.57 from contingency to base.
K. REOUEST FOR APPROVAL of Change Order No. 1 to the Contract for Underground Electrical
Conduit at Portola Avenue and Grapevine Street.
Rec: By Minute Motion: 1) Approve Change Order No. 1 to Contract No. C13970 for
additional work and services for the subject project in the amount of $2,391.10;
2) authorize the transfer of $716.00 from contingency to base; 3) authorize the
additional appropriation of $1,675.10 from Account No. 110-4250-433-2145 to the
project budget.
L. REOUEST FOR APPROVAL of Change Order No. 1 to Contract No. C14190 for Sidewalk
Project for Country Club Drive from Oasis Club Drive to Whitehawk Tract (Project No. 699-97).
Rec: By Minute Motion, approve Change Order No. 1 to the subject contract changing
straight sidewalk to meandering sidewalk along the Palm Desert Resort Country Club
frontage.
M. REOUEST FOR EXTENSION OF CONTRACT for Civic Center Park Lagoon Water Quality
Management (Contract No. C05136).
-Rec: By Minute Motion, authorize an extension of the lagoon maintenance contract with
Southwest Aquatics in the amount of $12,240.00 ($1,020.00 per month).
N. REOUEST FOR EXTENSION OF CONTRACT for President's Plaza Sweeping (Contract
No. C068061.
Rec: By Minute Motion, authorize a twelve month extension with M & M Sweeping in the
amount of $4,260.00 ($355.00 per month) for power sweeping of the President's Plaza
parking lots.
O. REOUEST FOR EXTENSION OF CONTRACT for Graffiti Removal with Sunline Services
Group (Contract No. C08324).
Rec: By Minute Motion, renew the graffiti removal agreement with Sunline Services Group
(SSG) for one year in the amount of $54,782.52 ($4,565.21 per month).
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P. REOUEST FOR EXTENSION OF CONTRACT for Fleet Maintenance Services (Contract
No. C12881).
Q.
Rec: By Minute Motion, extend the fleet maintenance services with M & N Mobil Service
Center (Palm Desert Mobil) for a one year period.
REOUEST FOR EXTENSION OF CONTRACT for Fleet Vehicle Washing and Detail Services
(Contract No. C12891).
Rec: By Minute Motion, extend the fleet washing and detail services agreement with Five
Star Detail Service, Palm Desert, for a one year period.
R. REOUEST FOR RENEWAL of Contract for Subdivision Review Services.
Removed for separate consideration under Item VII, Consent Items Held Over. Please see this
portion of the Minutes for discussion and action.
S. REOUEST FOR APPROVAL of Change Order Nos. 1 - 4 and Acceptance of Work for Business
Support Center Remodel (Contract No. C14180) (Wall Construction).
Rec: By Minute Motion: 1) Approve Change Order Nos. 1 - 4 for additional work performed
by Wall Construction for the subject project in the amount of $8,010.40; 2) authorize
the Director of Finance to appropriate $8,010.40 from the project contingency to base;
3) authorize the City Clerk to file a Notice of Completion on behalf of Wall
Construction for the Business Support Center Remodel (Contract No. C14180).
T. REOUEST FOR ACCEPTANCE OF WORK for Electrical Underground Conduit for the Street
Light at Pcrtola Avenue and Grapevine Street (Contract No. C13970) (Brey Electric).
Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion for the
subject project.
U. REOUEST FOR ACCEPTANCE OF WORK for Deep Canyon Road/Highway 111 Intersection
Realignment (Project No. 633-95, Contract No. C12320) (Granite Construction Company).
Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion for the
subject project.
V. REOUEST FOR APPROVAL of Final Tract Map 28295-2 (Southland Communities,
Inc., Applicant).
Rec: Waive further reading and adopt Resolution No. 98-79 approving Tract Map 28295-2.
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W. REOUEST FOR APPROVAL of Resolution Accepting Certain Real Property Into the City Street
System.
Rec: Waive further reading and adopt Resolution No. 98-80 accepting Lot E of Tract 2012
into the City street system.
X. REOUEST FOR APPROVAL of Outside Agency Funding Applications for Fiscal Year 1998/99..
Removed for separate consideration under Item VII, Consent Items Held Over. Please see this
portion of the Minutes for discussion and action.
Y. REOUEST FOR APPROPRIATION of Funds for Operational Costs of the Jean M. Benson Child
Care Center.
Removed for separate consideration under Item VII, Consent Items Held Over. Please see this
portion of the Minutes for discussion and action.
Z. REOUEST FOR RATIFICATION of 1998 Million Dollar Days Promotion.
Rec: By Minute Motion, concur with and ratify the actions of the Director of Community
Affairs and Director of Finance in their preparation of Purchase Order No. 005851 to
Publicity Unlimited for promotional and advertising services for launching the
1998 Million Dollar Days Promotion on July 1, 1998.
Mayor Pro-Tempore Spiegel requested items R and X be removed for separate consideration
under Item VII, Consent Items Held Over. Councilman Kelly asked that item I-2 be considered
separately, and Councilman Ferguson requested item Y be held over.
Upon a motion by Kelly, second by Spiegel, the remainder of the Consent Calendar was approved as
presented by a 4-0-1 vote with Councilman Crites ABSENT.
VII. CONSENT ITEMS HELD OVER
I-2. REOUEST FOR AWARD OF CONTRACT for Phases I and II (Master Plan and Cost Estimate)
of the Civic Center Park Amphitheater Upgrade.
Councilman Kelly expressed concern for the subject request in that he did not want the proposed•
upgrade to be so elaborate that the amphitheater would compete with the McCallum Theatre as
an entertainment venue. He said the amphitheater was built in the park for the sole purpose of
outdoor entertainment and has been extremely successful in providing same.
Mayor Pro-Tempore Spiegel commented one of the reasons the amphitheater was being slated for
upgrade was because the shell was worn out, and it was thought that if at the same time overall
improvement in acoustics could also be achieved, so much the better. He said the intention was
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not to compete with the McCallum, and the proposal would be reviewed by both the Parks and
Recreation Commission and Civic Arts Committee prior to its consideration by the Council.
Councilman Kelly moved to, by Minute Motion, authorize the Mayor to enter into Contract No. C14640
with Interactive Design Corporation; Palm Springs, California, and appropriate$37,840.00 from Fund 430 for
the completion of Phases I and II (Master Plan and Cost Estimate) of the Civic Center Park Amphitheater
upgrade with direction to keep the spirit of community outdoor entertainment, for which the Amphitheater was
designed and built, in mind for any upgrade. Motion was seconded by Spiegel and carried by a 4-0-1 vote with
Councilman Crites ABSENT.
R. REOUEST FOR RENEWAL of Contract for Subdivision Review Services.
Mayor Pro-Tempore Spiegel stated he was not familiar with this service and asked for more
information.
Mr. Folkers stated that several years ago a staff position for a contract employee was approved
to do this type of work, and this position, in addition to three others, was dropped. He said since
that time, an outside consultant had been hired to do the work, and the subject renewal continued
this service for plan checking and notification of corrections to be made by developers submitting
subdivision plans to the City.
i Mayor Pro-Tempore Spiegel asked whether it was done on a piece basis or if this represented the
total contract regardless of the amount of work.
Mr. Folkers responded that the work was performed and charged on a per hour basis.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion: 1) Renew Contract C 11840 for subdivision
review services with Engineering Resources, Hemet, California, for a one-year period in the amount of
$40,000.00; 2) authorize the appropriation of $40,000.00 for subdivision review services to Account No. 110-
4300-413-3090 from the revenue generated from plan check fees in Revenue Account No. 110-0000-341-1200.
Motion was seconded by Kelly and carried by a 4-0-1 vote with Councilman Crites ABSENT.
X. REOUEST FOR APPROVAL of Outside Agency Funding Applications for Fiscal Year 1998/99.
Mayor Pro-Tempore Spiegel stated that there was a $10,000.00 amount approved by the Council
for the College of The Desert Foundation which was inadvertently omitted from the memorandum,
and he asked that it be added to the Agenda for consideration and approved along with the rest
of the funding applications.
Mrs. Gilligan stated additionally that Councilman Crites had telephoned her today and noted that
the amount for the Humane Society of the Desert had been changed from $5,000.00 back to
$11,300.00 which also was not reflected in the memorandum.
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Mayor Pro-Tempore Spiegel moved to add the aforementioned Outside Agency Funding items to the
Agenda. Motion was seconded by Kelly and carried by a 4-0-1 vote with Councilman Crites ABSENT.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, approve the expenditures to various agencies
as outlined in the staff report dated June 24, 1998, and as recommended by the Outside Agency Funding
Committee with the addition of $10,000.00 to the College of The Desert Foundation and the increased amount
of funding for the Humane Society of the Desert from $5,000.00 to $11,300.00. Motion was seconded by Kelly
and carried by a 4-0-1 vote with Councilman Crites ABSENT.
Y. REOUEST FOR APPROPRIATION of Funds for Operational Costs of the Jean M. Benson Child
Care Center.
Councilman Ferguson stated that he was in favor of granting the requested appropriation.
However, he said the staff report reflected the City's commitment to subsidize financial assistance
up to $40,000.00, and in reviewing the contract with the Benson Center, he failed to find the
language specifying this commitment. He also noted that the City's grant would be for low and
moderate income housing, yet the staff report said the money was requested for operational cost,
and he asked for clarification of these points.
Ms. LaRocca stated she recalled the commitment which was made at the initiation of the
Jean M. Benson Child Care Center was a $40,000.00 contribution to be used for tuition subsidies
for lower income households. She stated this came from CDBG money which was reappropriated
for this purpose, and it was a one year commitment with the understanding that they would apply
in subsequent years on an individual basis as the block grant money became available.
Mr. Wohlmuth stated that in the last CDBG funding year, a new process to review these
applications with the Outside Agency Funding Committee was introduced. He said that because
of this service request for CDBG funds, the City allocated $7,500.00 per approved requesting
entity leaving a $32,500.00 balance in the approval of the $40,000.00 prior to distribution of the
CDBG grants. He said because the CDBG grants are divided 85% capital and 15% service, there
was not sufficient service money to fund the $40,000.00 given that the City was funding other
entities in the Coachella Valley for providing low and moderate income service. He added there
was a $32,500.00 shortfall last year, and there will be a $35,500.00 shortfall this year since it was
funded at $5,500.00.
Councilman Ferguson stated he understood the above information; however, there was no
commitment from the City to the Child Care Center for $40,000.00 in the agreement.
Ms. LaRocca stated that the initial agreement provided for the Child Care Center applying
annually for CDBG money and would be given consideration. She added there was no actual
commitment made for $40,000.00 for the following year.
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Mayor Benson added that the Child Care Center would apply for five years because prior to the
YMCA taking over responsibility for this service, they requested this commitment from the City.
Councilman Ferguson stated his confusion stemmed from the fact that he understood CDBG
money was specified for tuition; now the City was being asked for $32,500.00 for operating costs,
and he wondered where that obligation originated.
Mr. Wohlmuth stated the YMCA had shown staff the budget for the Child Care Center, and the
amount of assistance requested far exceeded the $40,000.00 for tuition. He said whether that
tuition was for Palm Desert residents only or the operation of the Center for all of the students
needing assistance, it was a question for the Council's reply.
Councilman Ferguson stated he was all in favor of helping the YMCA, but requested that staff
review the aforementioned contract to better memorialize the City's commitments. He added the
YMCA was in need of this money, they were asking the City for it, and the City would give it to
them; however, it didn't flow from the existing contract-- the City was just helping them out.
Mr. Wohlmuth stated that when the initial staff report was approved in February 1997, it
contained a three year commitment of $40,000.00 per year from CDBG funds. However, he said
he had not reviewed the contract.
Councilman Ferguson clarified that this was not CDBG money to be given the YMCA.
Mr. Wohlmuth responded affirmatively.
Councilman Ferguson moved to, by Minute Motion: 1) Appropriate $32,500.00 from Unobligated
General Fund Reserves for the Jean M. Benson Child Care Center for fiscal year 1997/98 to Outside Agency
Funding; 2) authorize payment to the Family YMCA of The Desert for $32,500.00 for operational expenses
for 1997/98 with direction to staff to clarify the commitment which was made to the YMCA for this purpose.
Motion was seconded by Spiegel and carried by a 4-0-1 vote with Councilman Crites ABSENT.
VIII. RESOLUTIONS
A. RESOLUTION NO. 98-81 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 1997/98 BUDGET TO
PROVIDE ADDITIONAL APPROPRIATIONS FROM THE TRAFFIC SAFETY, GAS TAX,
ART 1N PUBLIC PLACES, AND GENERAL FUNDS.
Mr. Gibson stated that before the Council was a resolution to transfer funds from the gas tax and
traffic safety funds in addition to a new item for introducing a maintenance reserve for Art In
Public Places for which staff recommended approval.
Mayor Pro-Tempore Spiegel stated he thought an Art In Public Places Maintenance Fund was
established some time ago.
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Mr. Gibson replied that in the fund balance a set aside for reserves existed, but the requested
action would stipulate a separate fund designated for maintenance only versus holding it all in one
fund.
Mayor Pro-Tempore Spiegel asked if these dollars would be used for the Peace Memorial.
Mr. Gibson answered that all art pieces owned by the City would be covered by this maintenance
fund.
Mayor Pro-Tempore Spiegel moved to waive further reading and adopt Resolution No. 98-81. Motion
was seconded by Kelly and carried by a 4-0-1 vote with Councilman Crites ABSENT.
B. RESOLUTION NO. 98-92 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 98-74 SETTING THE
SALARY SCHEDULE, SALARY RANGES, AND ALLOCATED CLASSIFICATIONS.
Mr. Wohlmuth stated that at the last Council meeting, staff had indicated there were a few items
requiring correction on the allocated positions and the salary table. He said the corrections had
been made and that they reflected the Redevelopment Agency work plan and the current salaries
as approved in the budget process. He said staff recommended approval.
Councilman Ferguson stated that the last time this was considered, the Redevelopment personnel
portion was pulled pending a report of the Executive Director which had not yet been received or
approved.
Councilman Ferguson moved to, with the exception of the Redevelopment Agency personnel, which
he asked to discuss under Closed Session pursuant to Government Code Section 54957, waive further reading
and adopt Resolution No. 98-92. Motion died for lack of a second.
Mr. Wohlmuth suggested to the Council that the entire item be continued to the 7:00 p.m. portion
of the meeting following Closed Session.
With Council concurrence, Mayor Benson continued Resolution No. 98-92 to the 7:00 p.m. portion of
the meeting or other such appropriate time thereafter.
IX. ORDINANCES _ _
For Introduction:
None
For Adoption:
None
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X. NEW BUSINESS
A. REOUEST FOR AWARD OF CONTRACT FOR ENGINEERING DESIGN OF GREENWAY
DRIVE, COOK STREET AND 42ND AVENUE INTERSECTION IMPROVEMENTS
(Contract No. C14660, Project No. 641-98).
Councilman Kelly moved to, by Minute Motion: 1) Approve engineering design proposal from Sanborn,
Inc., Palm Springs, California, for the subject engineering design in the amount of $56,100.00 plus a ten percent
(10%) contingency of $5,610.00 for a total amount of $61,710.00 -- funds are available from Account
No. 110-4300-413-3010; 2) authorize the Mayor to execute the agreement. Motion was seconded by Spiegel
and carried by a 4-0-1 vote with Councilman Crites ABSENT.
B. REOUEST FOR CONSIDERATION OF THE INTENTION TO ORDER IMPROVEMENTS
FOR THE PROPOSED ASSESSMENT DISTRICT NO. 98-1 (THE CANYONS AT
BIGHORN), THE APPROVAL OF AN ENGINEER'S ASSESSMENT REPORT, AND
APPOINTING A TIME AND PLACE FOR THE HEARING PROTEST.
Mayor Pro-Tempore Spiegel moved to 1) Waive further reading and adopt Resolution No. 98-82
declaring the intention of the City Council to order improvements for the proposed Assessment District
No. 98-1 (The Canyons At Bighorn) pursuant to the Municipal Improvement Act of 1913 and in accordance
with Article XIIID of the California Constitution; 2) waive further reading and adopt Resolution No. 98-83
approving a Report of the Engineer in Connection with Proposed Assessment District No. 98-1 (The Canyons
At Bighorn), and appointing a time and place for the Hearing Protest. Motion was seconded by Kelly and
carried by a 4-0-1 vote with Councilman Crites ABSENT.
C. CONSIDERATION OF AN APPEAL TO AN ARCHITECTURAL REVIEW COMMISSION
DECISION DENYING A 23-1NCH HIGH SIGN FOR PROPERTY LOCATED AT 73-990 EL
PASEO (Architectural Neon for "Kreiss", Appellant).
Mr. Drell stated that the Architectural Review Commission (ARC) felt that the sign was too large
for the space where the sign was located. He added that while the sign met the overall sign
standard, ARC felt it architecturally incompatible and recommended a smaller sign.
MS. JANET HANSON, Showroom Manager, Kreiss Collection, 73-990 El Paseo, Palm Desert,
expressed on behalf of the Kreiss family that they were extremely pleased to be doing business in
Palm Desert._ She submitted two photographs of the building which were received and filed for
the record in the Office of the City Clerk. She stated that as they were originally submitted to the
City for consideration, only the portion of the building where the sign would be located was
shown. She added the proposed sign contained channel letters, back lit, and were bronze in color
to match the roofing. She said the building is of great expanse as opposed to just the small wall
shown in the original proposal. She stated that the proposed sign with 24-inch letters was
compliant with the code. She said they felt 24-inch letters would enhance the building; they
would only say "Kreiss", clean, simple, and architecturally pleasing in style, as was shown on her
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business card, which she also submitted to the Council for their review and to make a part of the
record.
Councilman Ferguson asked if he understood that the sign at issue was on the rear of the building,
facing Highway 111, and if the 23 inches by 14 feet fit within the City's existing sign ordinance.
Mr. Drell responded affirmatively.
Councilman Ferguson asked whether the aesthetic decision from ARC determined the sign to be
too large.
Mr. Drell answered that for the space on the building where it would be located, it was determined
too large.
Mayor Benson asked where on the submitted pictures the sign would be located.
Mr. Martin Alvarez, Assistant Planner, answered that the picture before the Council was the
request for the 20-inch sign.
Mr. Drell added that this represented an alternative reduced from the 23 inches to a 20-inch sign.
Mayor Benson questioned whether ARC felt 16 inches would just look better on the space.
Mr. Drell responded that based upon the drawings they had for the 23-inch sign, they felt it too
big and countered with the idea of 16 inches.
Mayor Benson asked what size the letters in the cupola of the building were.
Mr. Drell estimated they were 12 to 16 inches.
Mayor Benson stated if this were the case, she would agree with ARC for 16 inches, since the
subject site was not a large space.
Mayor Pro-Tempore Spiegel said he took exception since Plaza Portola really was not selling
anything and Kreiss was. He said in his opinion, Kreiss was an excellent addition to El Paseo, and
he did not feel this sign was really garish or out of line-- it was backlit and was well done.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, affirm the Architectural Review Commission
decision approving a bronze, reverse channel sign on the building's north elevation for property located at
73-990 El Paseo with the use of 20-inch high letters since they represent a compromise by the Applicant.
Motion was seconded by Kelly.
Councilman Ferguson stated he felt this was an agreeable compromise since the Applicant was
clearly complying with the City's regulation, the City strove for compromise solutions to such
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issues, and 20 inches seemed a fair size between 16 and 23 inches. He also stated he was very
proud to have Kreiss in Palm Desert.
MS. HANSON pointed out that there were numerous signs on the boulevard which exceeded
24 inches in height, -and appreciated the Council's consideration of this fact when making its
determination in their appeal. She noted the bank next door displayed letters of 24 inches in
height, in addition to Studio 960, two doors down, which displayed letters of approximately 3 feet
tall.
Councilman Ferguson added that Plaza Portola had been somewhat of a distressed building, having
a high vacancy rate for some time, and this action could help shore up the east end of El Paseo.
The motion carried by a 4-0-1 vote with Councilman Crites ABSENT.
D. CONSIDERATION OF FAIRWAY DRIVE TRAFFIC STUDY.
MR. GARY GOSSAGE, Fairway Drive, Palm Desert, said a number of residents were first
concerned about the lack of patrol to maintain the 25 miles per hour posted speed limit. He said
many residents had complained of difficulty backing out of their driveways onto Fairway Drive --
it posed a dangerous situation when traffic was traveling at upwards of 40 miles per hour, even
passing on the double yellow line cars traveling at the posted limit. He reported that residents had
discussed the idea of speed humps to be installed on both east and westbound lanes of traffic. He
said the stop signs had certainly helped, according to some of the people there; however, on some
of the longer sections of street (i.e. between Cook and Toro Peak), there was enough distance
to reach speeds of 40 to 50 miles per hour, and residents thought maybe a couple of
25-miles-per-hour speed humps would help maintain the posted speed limit.
Mayor Pro-Tempore Spiegel told Mr. Gossage that 12 speed humps were being considered
between Cook Street and Portola Avenue.
MR. GOSSAGE stated that he had met with Mayor Benson on the issue, and he had questioned
whether having petitions in favor of speed humps would expedite the process. He said the Mayor
had informed him there had been a couple of occasions in other cities where after the speed humps
had been installed, the residents complained that they really didn't think the installation would
actually occur.
Mayor Benson stated that this came from a meeting she and Mr. Wohlmuth had with three
residents of Fairway Drive regarding solutions for their traffic concerns. She added that
Mr. Wohlmuth had spoken with Mr. Folkers about the possibility of speed humps (not bumps)
similar to those in Rancho Mirage. She said she knew the gentlemen at the meeting were not
thinking of 12, but some along the street. She said the City's concern was for the residents being
informed of their installation.
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Councilman Kelly noted that the staff report requested authorization for 12 locations and
wondered whether the residents would receive notice or a meeting with them would be scheduled.
Mr. Folkers responded that further into the staff report provision for a neighborhood meeting in
order to notify residents of the proposed action was addressed. He apologized for not expanding
upon this concept earlier in the report. -
Mayor Pro-Tempore Spiegel asked if appropriate to provide the residents with options for four,
six, ten, or however many undulations they felt necessary in their neighborhood.
Mr. Folkers stated this was the staff recommendation which would be presented to the residents,
and if they decided certain segments needed less, then that would be the number brought back to
Council.
Councilman Kelly commented regarding the diversion aspect of the recommendation, especially
as a resident of Fairway Drive, he did not want to divert problem traffic to other neighborhoods --
it needed to be solved on the street where it occurred.
Councilman Ferguson remarked about the last sentence of the second paragraph of the staff report
which said, "The City Attorney has previously rendered an opinion which did not support the
installation of speed humps so the matter still needs further legal analysis." He asked whose city
attorney, since the previous sentence of the paragraph spoke of Rancho Mirage.
Mr. Erwin responded that it was he who rendered the opinion. He said they were speaking of the
typical speed bumps which really jarred people. He said he thought what staff was talking about
here was much more of an undulation, much lower, but nevertheless slowed things down. He said
they were used, and he did not have a problem with -them.
Councilman Ferguson said he would be more comfortable if the residents of Fairway Drive were
contacted to work out a plan they could agree upon, and then have the Council approve something
specific rather than generic.
Mr. Folkers said this was what staff was seeking. He apologized for the lack of clarity in the
request and sought direction from the Council to then go to the residents.
Councilman Ferguson moved to, by Minute Motion, authorize the Director of Public Works to discuss
the matter with the residents of Fairway Drive between Portola Avenue and Cook Street using only undulations
and not diverters. Motion was seconded by Spiegel and carried by a 4-0-1 vote with Councilman Crites
AB SENT.
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E. INFORMATIONAL ITEMS:
1. Progress Report on Retail Center Vacancies
Ms. Ruth Ann Moore, Business Support Manager, stated that six weeks ago an update
regarding the progress of the Gardens on El Paseo was provided, and staff felt as the
date of opening was drawing nearer, it was appropriate to make further update at this
time. She said at the last report, the Gardens had Saks Fifth Avenue and 15 specialty
stores with executed leases for a total of 119,337 square feet, or 60% of the gross
leasable area. She provided a highlighted report to the Council which was made part
of the record and filed in the Office of the City Clerk. She went on to say that in the
past six weeks, Madison Marquette leasing agents had signed leases for five new stores,
adding 12,663 square feet, for a total of 131,998 square feet (66% of the gross leasable
area). She listed the names of the new stores by building: Building G - Between The
Sheets (linen and bedding), Building E - Oilily (high end women and children's apparel),
Gail Jewelers, One Beach Road (furniture), and Building B - Images of Nature (photo
and art gallery). She also reported some of the spaces were currently under negotiation
and out for signature totaling 30,337 square feet, bringing the total of executed leases
and leases out for signature to 162,335 square feet or 81% of the gross leasable area.
She reported that the new manager, Tammy Perezchica, was hired in June and currently
located in the leasing office across the street from the property. She stated plans were
still on for a "soft" opening of the specialty stores scheduled for October 15, with Saks
Fifth Avenue opening in November. She stated grand opening festivities had been
announced and were tentatively projected for the same weekend as the Golf Cart
Parade.
Mr. Diaz asked how many of the stores were brand new to Palm Desert.
Ms. Moore reported to date, every store was brand new. She also stated one was
currently under negotiation which would be an increase, but was unsure whether the
party would close their second location; however, it remained an unsigned lease.
With Council concurrence, Mayor Benson recessed the meeting at 4:39 p.m. She reconvened the
meeting at 4:45 p.m.
2. Progress Report on Desert Willow Clubhouse Facility
Mr. Rudy Acosta, Redevelopment Project Manager, reported that construction
documents were currently being generated. He said the start date for the Clubhouse had
been revised to approximately the third week of August for commencement of grading
activity. He stated this date was based upon reviewed strategies that would be most
prudent for maintaining construction activity once it had begun. He also said that on
Tuesday, at the recommendation of the Desert Contractors' Association, the contractor
had bid out the electrical engineering, mechanical and structural engineering and was
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in the process of completing the bid analysis. He reported that all bids were sought
from local contractors who were members of the Desert Contractors' Association.
Mayor Pro-Tempore Spiegel asked if the project was still on schedule for April 1999.
Mr. Acosta responded that when he questioned the general contractor, they said at this
point they were not requesting any deviation from the completion of the Clubhouse.
3. Progress Report from the "Save The Rink" Committee
Mr. Jeff Winklepleck, Associate Planner, stated recently he, Mr. Ortega, and
Councilman Ferguson met with the Committee and Stadium Partner Services, a
potential developer of an ice rink facility to discuss the project. He said the discussion
included timing, financing, locations, and size. He said at this time, they are projecting
a potential size of a 15-20 acre site, a facility with 4,000 seats, and were pushing for an
August 1999 opening. He said staff volunteered a fast track permit process for the
developer should a Palm Desert site be chosen and providing that all the other
conditions of the project were met. He said at that point the developer was advised to
proceed to the next step-- the City would like to see a pro forma indicating any
shortfalls, if any, and if shortfalls were to occur with the developer requesting
assistance, that would be when discussions would continue with the other cities in order
to determine what level of financial participation they would be interested in providing.
He also said representatives from the "Save The Rink" Committee and from the
developer were present and he turned the remainder of the report over to them.
MR. ROBERT HEGIE, 41-395 Carlotta Drive, Palm Desert, said the project was
moving rapidly due to a December 13, 1998, close date for the rink. He said they were
probably two to three weeks away from a more detailed presentation, but wanted to
provide the most current information available to the Council. He said he would be
presenting a group which had met the Committee's necessary qualifications to be
considered a candidate for building a rink. He said the Committee had done as much
due diligence as possible in order to make this finding.
Mayor Pro-Tempore Spiegel asked, regarding discussion which had arisen for Cathedral
City's Field of Dreams, Rancho Mirage, and Palm Springs all as sites for an ice rink,
whether more than one ice rink could be supported in the Coachella Valley.
MR. HEGIE replied that in a community sponsored ice rink, he would say yes. He said
the only thing preventing more than two or three ice rinks was whether or not the debt
load was too high to carry. He believed there were approximately 90,000 kids in the
Valley, and in looking at successful per capita ice rinks, such as those in the Los
Angeles area, or even more per capita ice rinks in Canada, room was available for two
ice rinks. He said the Committee's goal was to do that which was best for the kids even
long after theirs were gone. He said they did not want to have an ice rink built with the
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same aggravation to be experienced only one or two years in the future; they want a
successful rink and they are asking potential developers: 1) If they have the financial
backing in place in order to survive; 2) if they have the management expertise to be
successful; and 3) if they are intuitive and community minded. He said they had talked
to the Palm Springs group and ten other groups who had approached them.
Councilman Ferguson stated he took Mayor Pro-Tempore Spiegel's point to be that
while the Committee may be looking at multiple sites, the goal of the Committee was
not to develop multiple sites but to select the best site and come up with one facility.
MR. HEGIE confirmed this statement and added that the Committee felt the group he
was about to present was the first one to provide all the satisfactory information that
they were capable of the project and ready to act immediately. He said the other groups
had either not provided all the information, or any information, or indicated they wanted
to wait, and he added this did not mean they were incapable, but time was of the
essence while the December 13 close date approached.
Mayor Benson questioned whether this presentation was being made to all the cities
in the group, and if they decided this was the group they wanted to come forward to
make the presentation.
MR. HEGIE replied that there was a meeting set last week for all 120 skaters and the
Odekirk's for six o'clock which they canceled at four o'clock the same day. He said
similarly, there was a meeting the following day with the same developer, and a meeting
for today that had to be rescheduled with the Committee, which included all the
representatives from all the cities in the Valley, and the group which flew in from
Vancouver and Toronto and from Los Angeles for the two meetings (this being one).
He said the group would come back again to do a presentation to the Committee. He
then introduced Mr. Gary Stevens, the gentlemen who they had first met and who had
brought together this group.
MR. GARY STEVENS, 77-800 Calle Monterey, La Quinta, CA, stated he had moved
to the area three months ago from Canada and had read the news regarding the ice rink.
He said he had been connected to a project similar to this in Carson City. He went on
to say that the issue came to his attention, he wanted to live here as opposed to
commuting, and with the experience and knowledge he had, he made some phone calls
and was introduced to Mr. Hegie and the "Save The Rink" Committee. He said he had
brought the development team here including representatives of Simco Refrigeration
and a developer of Whitby, Ontario, Canada, who were ready to get the project going.
He turned the presentation to the development team for further details.
MR. BRUCE TAYLOR, Whitby, Ontario, Canada, said he represented a partnership
interested in developing a multi -surface sports complex within the community. He said
the lead partners in the development were Michael Horsey, president of Stadium Partner
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Services, Inc., and Colin Hefrom, president of Winter Cities Development Corporation,
both of Vancouver, British Columbia. He said that over the past few months,
discussions had taken place between the Palm Desert community groups and Gary
Steven, as indicated, regarding provision of an ice sports complex-- much needed to
address the current demand and to replace the surface expected to close at the end of
this year. He said in the past two weeks, these discussions had intensified and face to
face meetings, as well as numerous phone discussions, had taken place between the.
development team and members of the community associations. He said that their
development group felt, with the support of this community and surrounding
municipalities within the Coachella Valley, it was in a position to construct and operate
a state of the art sports complex and center for athletic excellence. He said they were
present earlier than they had expected as they were well aware of the time constraints
of the Council and those posed by the closure of the existing facility. He said as in any
public/private venture, the support of the public sector was absolutely mandatory to
achieve success-- this must be a community driven and supported project to survive.
He said his group recognized the forecast closure of the artificial ice rink at the Palm
Desert Town Center would greatly impact the recreational, leisure, and sports
opportunities of this community. He said they also knew this community thrived on
competitive statewide sporting events, and a facility of this nature was necessary to
continue competition on a level playing field; proceeding without a service would be
devastating to the community. He went on to say the combined experience of his
partnership to construct and successfully manage the facility came to them in the form
of the successful team members with several years of experience in this field. He
referred to a package of material which was to have been received the previous day with
information regarding the team members, specifically the Cochran/P.B. Hay Group,
architects providing design and architectural control for similar projects in Canada and
the United States; Orrold Construction, Inc., a third generation construction company
who would serve as the project manager working with local construction firms arid had
built many multi -surface arenas throughout Ontario with specific experience in arena
related construction techniques; and Simco Refrigeration, undoubtedly one of the
world's foremost experienced refrigeration design experts. He said providing
permanent ice/artificial ice surface in the desert was not an easy task; however, the team
felt it had the experience and expertise necessary to undertake the project economically,
effectively, and successfully. He said in the package two facilities were highlighted that
were currently under construction in Ontario, both the Guelph and the Sarne
developments which were very similar to their perception of the need here. He added
the Sarne development was a project of $15 million-- 147,000 square foot complex built
on an 88,000 square foot site consisting of two NHL size rinks, a 4,500 seat spectator
arena and a 200-300 seat practice facility. He said they initially proposed to construct
the practice facility immediately to address the immediate concerns of the community
and the pending closure. He said they would expect, all things going well, this
particular portion of the facility open by February or March 1999, and with the other
terms and conditions in place, they would proceed with construction of the spectator
facility consisting of three levels, arena surface, concourse, seating, and a suites level
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to be opened December 1999. He said there were several options through the design
of the facility, including a training center for sports excellence. He went on to say the
construction of this major spectator facility was expensive, and his partnership was
developing a pro forma to address the financial concerns of their investors and other
financial obligations. He said his team had met with the City development and
recreation planning star and was encouraged by their response, and at this time they
solicited the support of the community and Council to proceed with further discussions.
He had brought two alternatives being considered in terms of assistance from the
municipality, which he had not yet had the opportunity to share with staff, but was now
looking for guidance and feedback as to how they should proceed. He said two
principles were specific: 1) A lease/leaseback arrangement which would involve further
discussion; 2) have the municipality participate in the purchase of the land, assist in
extension of sewers, power, and some road improvements, and the value of these was
approximately $5 million. He said his project people would be putting up 50% of the
equity required on the project ($7.5 million on a $15 million project).
Mayor Benson thanked the developer for his presentation; however, she believed the
packet of information referenced had not been received in City offices. She commented
that all of this should go through the "Save The Rink" Committee for the other cities
as well since it was not, at this point, a decision of the City of Palm Desert. She added
this was the reason for the formation of the Committee-- to decide what area it would
best be placed, who would built it, etc., and once this was determined, the City could
determine its level of participation.
MR. TAYLOR responded that they had determined the prime site to be in Palm Desert;
therefore, they came to this City Council first.
Councilman Ferguson stated he had also met last week with some of the people
involved, and further said they were not asking the City for anything-- they had just
identified land in Palm Desert where they would like to build this facility. He added
these people were putting up $7.5 million, and this was an informational report for the
Council's benefit; they did intend to go to the other cities.
Mayor Benson said she thought it sounded as if a commitment from the City was being
requested here.
Councilman Ferguson responded he thought if the Palm Desert site was selected, then
fast track permitting and other things would be requested, but the City had not yet been
approached with any.
Mayor Pro-Tempore Spiegel asked for clarification of Mr. Taylor's indication for
financial support.
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MR. TAYLOR said they had been asked to provide a pro forma report, and they had
not yet been able to fully assemble it due somewhat to the short time frame. He went
on to say they were putting it together, and with some guidance, they would like to
meet further with City staff. He said they appreciated the staffs attention during their
preliminary meeting, and his partnership intended to make an all out effort. He said they
did not want to extend the process, as they have indicated their desire for fast track,
which was assured, and they would be providing the pro forma to Mr. Ortega for
review and comment. He concluded by stating they just wanted to start with Palm
Desert first.
4. Update on School District Boundary Changes
Mr. Diaz reported at this time it appeared that the petition submitted by residents of the
Kaufman and Broad development on the north side of Frank Sinatra was defective, was
being reviewed, and they were proceeding from that point.
XL CONTINUED BUSINESS
A. REOUEST 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. MISC 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, and June 11, 1998).
Mayor Benson stated a letter had been received today which requested further continuance of this
item.
Councilman Ferguson moved to continue the matter to the meeting of August 27, 1998. Motion was
seconded by Spiegel and carried by a 4-0-1 vote with Councilman Crites ABSENT.
XII. OLD BUSINESS
A. REOUEST FOR FINAL DISSOLUTION OF POLICE ADVISORY COMMITTEE AND
ECONOMIC DEVELOPMENT ADVISORY COMMITTEE AND CONSIDERATION OF
ORDINANCE NO. 875 ESTABLISHING THE PUBLIC SAFETY COMMISSION.
Mr. Diaz noted the report contained in the Agenda packet and that staff recommended approval.
Mrs. Gilligan stated that there was one change to the recommendation since following preparation
of the report it was discovered the Economic Development Advisory Committee had been formed
by ordinance; therefore Resolution No. 98-85 should be changed to Ordinance No. 884.
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Mayor Pro-Tempore Spiegel moved to: 1) Waive further reading and adopt Resolution No. 98-84
dissolving the Police Advisory Committee; 2) waive further reading and pass Ordinance No. 884 to second
reading dissolving the Economic Development Advisory Committee; 3) waive further reading and pass
Ordinance No. 882 to second reading amending Ordinance No. 875 Chapter 2.60.030. Motion was seconded
by Ferguson and carried by a 4-0-1 vote with Councilman Crites ABSENT.
B. CONSIDERATION OF APPROVAL OF JOB. DESCRIPTION AND SALARY -RANGE FOR
VISITORS' CENTER MANAGER.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, approve the request and direct staff to begin
internal recruitment. Motion was seconded by Ferguson and carried by a 4-0-1 vote with Councilman Crites
AB SENT.
C. REOUEST FOR AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE
PERIMETER SIDEWALK AND LANDSCAPE FOR THE MOUNTAIN VIEW COURSE AT
DESERT WILLOW GOLF RESORT (Contract No. C14450).
Mr. Acosta stated he had supplied Council with a supplemental report identifying the bid results
and corresponding staff recommendation following preparation of the Agenda packet. He said
six bids had been received with the variance from low to high of approximately $350,000.00. He
went on to say that staff and the project consultant reviewed and analyzed the information finding
that Park West Landscape, a division of Park West Golf, was already mobilized on site, they
owned and operated their own nursery, and had indicated they were going to aggressively seek
this bid. He said that everything was in place on the bid, and staff recommended its approval.
Mayor Pro-Tempore Spiegel asked who had done the north perimeter sidewalk and landscape.
Mr. Acosta replied it was completed by Valley Crest Landscape -of Santa Ana, California.
Mayor Pro-Tempore Spiegel noted that on this project, Valley Crest came in almost $200,000.00
higher in its bid.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion: 1) Authorize the Mayor to enter into an
agreement with Park West Landscape of San Diego, California, in the amount of $583,050.00 for construction
of the perimeter sidewalk and landscape at the Mountain View Course of the Desert Willow Golf Resort;
2) authorize a ten percent (_10%) contingency in the amount of $58,305.00. Motion was seconded by Ferguson
and carried by a 3-1-1 vote with Mayor Benson voting NO and Councilman Crites ABSENT.
D. REOUEST FOR AWARD OF CONTRACT FOR THE REALIGNMENT OF PRESIDENT'S
PLAZA EAST (Contract No. C14500).
Mr. Drell noted he had an additional remark for the staff report, that being the appropriation
should come from the Construction Tax Fund, number 231.
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Mayor Benson stated she was under the impression that this project had already been
accomplished.
Mr. Drell responded that only President's Plaza West had been redone, and the design was not
changed, it was just somewhat modified-- it still went north and south.
Mayor Pro-Tempore Spiegel noted West looked terrific.
Mr. Drell stated that the East lot would be redone in a fashion similar to that of West.
Mr. Diaz added that the East lot was held up because there were some applications with regard
to delivery.
Mr. Drell also stated that timing was an issue as well, staff was unsure both lots could be
completed without extending into the season.
Mayor Pro-Tempore Spiegel asked if all of the owners at the site had signed off on this project
and wanted it done right away.
Mr. Drell responded affirmatively.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion: 1) Appropriate $600,000.00 for the
President's Plaza East Realignment from the Construction Tax Fund account, fund number 231 ; 2) award
construction contract (Contract No. C 145001 to Dateland Construction Company, Inc., in the amount of
$498,135.50 with a ten percent (10%) contingency in the amount of $49,813.55. Motion was seconded by
Kelly and carried by a 4-0-1 vote with Councilman Crites ABSENT.
E. REOUEST FOR AWARD OF BID FOR FALL RYE GRASS OVERSEEDING.
Mr. Diaz noted the additional report which was provided to Council. He stated staffs
recommendation at this time was to reject all bids and to negotiate with the top low bidders, as
indicated, for the Desert Willow facilities (Mountain View and Firecliff courses) 200,000 pounds
of Charger II seed and 5,000 pounds of Winter Play seed (POA Trivialis), and for other City turf
areas the report should have reflected 30,000 pounds of Charger II seed instead of 300,000. He
added that attached to the report were recommendations from City staff as well as that of Mr.
Sergio Casas, Desert Willow Superintendent, which indicated the reason for specification of the
aforementioned seed and that they were also available at the meeting to answer questions. He
noted that the reason staff was not requesting a second bidding process was due to a timing
problem-- in order to make sure these areas were reseeded, ordering must take place immediately
with the quality of seed as stated.
Councilman Kelly asked whether Kemper agreed to this recommendation.
Mr. Diaz responded affirmatively.
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Mayor Benson questioned whether this action was the responsibility of the City and not provided
for in the Kemper contract.
Mr. Diaz replied yes.
Councilman Kelly added that this also ensured that the specified type of grass was acquired.
Mayor Pro-Tempore Spiegel said he believed one of the reasons this item was called up was
because Las Vegas Turf (LVF) had become involved in this process and felt that they had the low
bid. He said as he understood it, Kemper and City staff felt that LVF's grass was not the proper
type of grass. He went on to say he had questioned the City Attorney, since Palm Desert was now
a charter city, if it was necessary to take the low bid. He noted the bids in the report and stated
that LVF, Indio, bid $184,420.00, and High Tech Irrigation, who was initially recommended, bid
$185,114.50, for a difference of $700.00, and if both City staff and Kemper staff felt that High
Tech Irrigation, Palm Desert, had the right kind of seed and was located in Palm Desert, he
recommended going ahead with the original request.
Councilman Ferguson stated he wanted additional information from the golf course superintendent
as to why the grass bid by LVF was insufficient.
Mr. Casas stated that the seed they recommended was a seed which was proven here in the desert,
had been used here for many years, and was the type of seed used by Desert Willow in its first two
seasons. He said the seed proposed by LVF had not yet been used in the desert at all.
Mayor Pro-Tempore Spiegel reiterated it was a Palm Desert bidder who provided the low bid, and
the difference between it and the next lowest was less than one percent.
Mr. Diaz added the seed being requested was the exact same seed used since day one of Desert
Willow, and staff would not recommend risking the quality of the course by changing seed.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, approve purchase of seed from High Tech
Irrigation. Motion was seconded by Kelly.
Councilman Ferguson asked the City Attorney that since Palm Desert was now a charter city if
going out to bid was required at all, much less going with the lowest bidder.
Mr. Erwin responded that the City had not yet established its own bid process; however, the
prevailing wage -provisions had been eliminated. He went on to say that if the City found a
particular reason that warranted award to other than the lowest bidder, then it did not have to take
the lowest responsible bidder.
Councilman Ferguson then asked if the same type of seed used all along was the one which was
desired, why it was not requested in the bid specifications.
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Mr. Diaz replied that an error had been made.
Mr. Erwin added he thought this was one of the problems and one of the reasons for the
recommendation to reject all.
Motion carried by a 4-0-1 vote with Councilman Crites ABSENT.
F. REOUEST FOR APPROVAL OF CHANGE ORDER NOS. 1 - 4 TO CONTRACT FOR DEEP
CANYON ROAD/HIGHWAY 111 INTERSECTION REALIGNMENT (Contract No. C12320,
Project No. 633-95).
Mr. Folkers reported that this represented finalization of the project. He said that the City was
fortunate in this project in that even though some change orders were needed, the total cost would
be completely paid for by State Measure "A" funds through Riverside County Transportation
Commission (RCTC) amounting to $536,000.00 or through Surface Transportation funding of
$350,000.00. He apologized for being late getting back on this project, but said some of these
things finally got wrapped up. He said staff recommended approval of the request.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion: 1) Approve Change Order No. 1 in the
amount of $29,558.50, approve Change Order No. 2 in the amount of $60,240.65, approve Change Order
No. 3 in the amount of $38,166.40, and approve Change Order No. 4 in the amount of $58,807.00; 2) authorize
the transfer of $69,999.60 from contingency to base; 3) authorize the transfer of $116,772.95 from the
Unobligated Measure "A" Fund to the project Account No. 213-4399-433-4001; 4) approve Estimated
Revenue in the amount of $116,772.95 to the Unobligated Measure "A" Fund. Motion was seconded by Kelly
and carried by a 4-0-1 vote with Councilman Crites ABSENT.
XIII. REPORTS AND REMARKS
A. CITY MANAGER
1. Office Furniture for Business Support Center
Mr. Diaz requested Council return to Item G of the Consent Calendar regarding office
furniture for the Business Support Center. He asked, in the interest of time, that
Council provide not only the authorization to secure bids but also to accept the bid of
the lowest responsible bidder in order to expedite furnishing those offices since the next
Council meeting would not be held until August 27, 1998.
Mayor Pro-Tempore Spiegel moved to add this request for consideration to the Agenda. Motion was
seconded by Ferguson and carried by a 4-0-1 vote with Councilman Crites ABSENT.
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Mayor Pro-Tempore Spiegel moved to, by Minute Motion, authorize staff to accept the bid of the lowest
responsible bidder who was within the amount of the budget previously approved for business office furniture
in the Business Support Center. Motion was seconded by Kelly and carried by a 4-0-1 vote with Councilman
Crites ABSENT.
2. CVAG Conference Room Remodel
Mr. Diaz reported that the CVAG-Technical Advisory Committee would be holding a
meeting tomorrow at which one of the items for consideration would be extension of
the lease of office space in the City's Parkview Office Complex for a total of 20 years
(15 from the original signature) of the agreement. He noted this was one of the
conditions to proceed with the installation of the tenant improvements in the new
conference room; therefore, staff would be returning to Council at its August meeting
with recommendation for bids and cost to create the new conference room unless
further direction was given at this point.
Councilman Ferguson asked the reason for waiting until August.
Mr. Diaz responded that the direction staff received was to await receipt of
authorization by CVAG to extend their lease, then it could return to Council with plans
and recommendations. He added that CVAG had approved the lease subject to TAC
approval, and he would have that on Friday. He said if not, he had no problem
proceeding with tenant improvements on the new conference room, identified adjacent
to the existing conference room, and coming back to the Council in August with the
furniture packages. He said when this issue was previously discussed, there were three
or four furniture packages categorized as the "Yugo" and the "Lexus".
Councilman Ferguson stated he saw no reason to wait until the end of August. He said
he had reviewed the Minutes (by having a verbatim transcript made of this item) of the
last meeting where this issue was discussed, and they did not comport with his
understanding of the discussion. He stated that Councilman Kelly made a motion that
all three items as requested be approved, that level three of the furnishings be selected,
which Councilman Crites suggested, and discussion ensued regarding extension of
CVAG's lease. He said the motion was never seconded, but he believed the Council felt
its overall motion was to proceed. He went on to say that CVAG had many events
planned for the fall where they could utilize the conference room, as did the City, and
he felt wasting the entire summer for working on this project, which he believed was
previously approved, would be remiss.
Mayor Benson said she did not recall approving the furnishings. She thought the
direction was to look at what would be done after CVAG's decision.
Councilman Kelly said a level had been picked.
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Mayor Benson then recalled that she had been absent from the meeting where this was
initially discussed.
Councilman Ferguson stated, per the verbatim transcript, that Councilman Crites did not
believe level four was appropriate-- leather chairs were a bit excessive, but since Palm
Desert was the host city, he would expect any host city to expend this effort.
Mayor Pro-Tempore Spiegel asked if this request was for both remodeling and
furniture.
Mr. Diaz replied it was for putting in the initial tenant improvements, ceilings, etc., and
the furnishings, if Council desired, adding the request by a four -fifths vote.
Mayor Pro-Tempore Spiegel stated that no matter what furnishing level, the initial
improvements (i.e. ceiling, etc.) still had to be done.
Mayor Pro-Tempore Spiegel asked Mayor Benson if she wanted to see the furniture.
Mayor Benson replied that she did not have to see it, but she was concerned about the
amount of money to be spent, around $110,000.00.
Mayor Pro-Tempore Spiegel stated it was approximately $61,300.00.
Councilman Ferguson added that the discussion reflected that if CVAG were willing to
enter into a 20 year lease, thus locking them into Palm Desert for the next 20 years, and
Palm Desert could use the conference room on a joint use basis for overflow City needs,
it seemed to be a reasonable tradeoff.
Councilman Ferguson moved to add this item of discussion to the Agenda. Motion was seconded by
Kelly and carried by a 4-0-1 vote with Councilman Crites ABSENT.
Mr. Diaz stated that Mr. Conlon could answer questions. He added that in order to
keep it simple, staff would ask for a motion to proceed as outlined, and not to exceed
the staff report of April 9, 1998.
Councilman Kelly suggested perhaps this could include a couple of Council members
being involved in the process.
Mr. Diaz stated these could be the same as were assigned previously-- Councilmen
Ferguson and Kelly.
Mayor Pro-Tempore Spiegel suggested a representative of CVAG should also be
involved to review furnishing options.
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Councilman Ferguson stated that Kelly Kennedy was assigned to this matter.
Mr. Conlon stated that the staff report he previously prepared identified two phases of
the improvements for the conference room remodel, the first being installation of
heating/cooling and electrical service.
Councilman Ferguson moved to, by Minute Motion: 1) Approve authority as set forth in the staff report
presented to the City Council on April 9, 1998, Items 1, 2, and 3, and for Item 2, level three for the level of
furnishings; 2) appropriate funding from Parkview Office Complex revenues. Motion was seconded by Kelly
and carried by a 4-0-1 vote with Councilman Crites ABSENT.
3. Palm Desert Police Department
Mr. Diaz stated the following was informational for the Council. He said staff intended
to proceed, unless Council objected, with the authorization for the Police Department
to bring a police sergeant on board. The position had been budgeted prior to receipt
of the final amendment to the contract with the Riverside County Sheriff's Department,
and it was felt the position should be filled as soon as possible.
B. CITY ATTORNEY
1) Report and Action on Items from Closed Session Made.
As a result of discussions held in Closed Session, the City Attorney announced that the City of
Palm Desert would not be appealing the recently concluded lawsuit:
Silver Spur Homeowners' Association v. Palm Desert, Riverside County Superior
Court, Case No. 80790.
This action was taken by a 3-0-1-1 vote with Councilman Crites ABSENT and Mayor Benson
ABSTAINING.
Mr. Erwin requested a Closed Session at an appropriate time for the items listed on the Agenda
and subsequent Addendum. He also asked that the following items be added to Closed Session
consideration:
Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section
54956.9(a):
a) Genevieve Court, LLC, v. City of Palm Desert, Consolidated and Coordinated Superior
and Municipal Courts of the County of Riverside, Case No. INC006646
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Conference with Legal Counsel regarding anticipated litigation pursuant to Government Code
Section 54956.9(c):
Number of potential cases: 1
Mayor Pro-Tempore Spiegel moved to add the two items to Closed Session consideration. Motion was
seconded by Ferguson and carried by a 4-0-1 vote with Councilman Crites ABSENT.
2) Request for Closed Session
Conference with Real Property Negotiator pursuant to Section 54956.8:
1) Property: East side of San Pablo Avenue between El Paseo and Highway 111,
APN 627-211-017
Negotiating Parties:
Agency: City of Palm Desert/Richard J. Folkers, Director of Public Works
Property Owner: Independent Order of Foresters
Under Negotiation: x Price x Terms of Payment
2) Property: Southwest corner of Highway 111/San Pablo Avenue
Negotiating Parties:
Agency: City of Palm Desert/Richard J. Folkers, Director of Public Works
Property Owner: Alan Nyman
Under Negotiation: x Price x Terms of Payment
3) Property: Parking Easement at Palm Desert Town Center, 72-840 Highway 111
Negotiating Parties:
Agency: City of Palm Desert/Ramon A. Diaz, City Manager
Property Owner: Trizec-Hahn
Under Negotiation: x Price x Terms of Payment
NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED
72 HOURS PRIOR TO THIS MEETING.
4) Property: 7.5 acres at the southeast corner of Portola Avenue/Silver Sands Way
Negotiating Parties:
Agency: City of Palm Desert/Phil Drell, Director of Community Development
Property Owner: City of Palm Desert
Other Parties: Damone, Inc./Tim Bartlett, U.S. Home/Mark Pearce
Under Negotiation: x Price x Terms of Payment
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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
c) City of Palm Desert v. Mary English Lloyd, et al., Riverside County Superior Court,
Case No. INC006499
Significant exposure to litigation pursuant to Government Code Section 54956.9(b):
Number of potential cases: 3
NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED
72 HOURS PRIOR TO THIS MEETING.
Public Employment pursuant to Government Code Section 54957:
Titles of Positions: City Manager
City Clerk
Redevelopment Agency Executive Director
C. CITY CLERK
1. Deputy City Clerk
Mrs. Gilligan reported that effective July 1, 1998, Rachelle Klassen had been appointed
to the position of Deputy City Clerk.
2. Publicity Unlimited Contracts
Mrs. Gilligan asked the Council to add, by four -fifths vote, approval of contracts with
Publicity Unlimited for advertising agency services and news bureau services as their
consideration had been inadvertently omitted from the Agenda.
Mayor Pro-Tempore Spiegel moved to add this item to the Agenda. Motion was seconded by Kelly and
carried by a 4-0-1 vote with Councilman Crites ABSENT.
Mrs. Gilligan stated that as a result of the meeting of the subcommittee of the
Promotion Committee, staff recommended approval of both contracts.
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Mayor Pro-Tempore Spiegel moved to approve Contract Nos. C 13101 and C 13111 with Publicity
Unlimited, Rancho Mirage, California, for advertising agency services and news bureau services, respectively.
Motion was seconded by Kelly and carried by 4-0-1 vote with Councilman Crites ABSENT.
D. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. San Pablo Avenue/Hiahwav 111 Mayor Pro-Tempore Spiegel asked for a
progress update of the intersection of San Pablo Avenue and Highway 111 project.
He asked if it would be completed prior to the opening of Saks Fifth Avenue.
Mr. Folkers stated that a matter for discussion in Closed Session would be
regarding the improvements on San Pablo. He said plans and specifications would
be ready to go out next week for the portion of the project on San Pablo, with
scheduled completion in coordination with the opening of Saks. He added that the
portion of the project involving the State Highway would not be completed in this
same time frame, it would be slower.
Mayor Pro-Tempore Spiegel asked why.
Mr. Folkers said at this point, the project required attention by his department.
Mr. Diaz stated staff will be moving on the project as rapidly as possible and
would provide Council with a schedule for same.
City Council Committee Reports:
Councilman Kelly introduced his granddaughter, Jana Kelly, to the City Council. He stated she was
spending two weeks in his home and would then be traveling to Bangladesh to work in community
development. The Council provided her a warm, Palm Desert welcome.
Upon motion by Spiegel, second by Benson, Mayor Benson adjourned the City Council Meeting to
Closed Session at 5:46 p.m. She reconvened the meeting at 7:02 p.m.
XIV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
None.
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XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION TO ERIC JOHNSON.
Mrs. Klassen stated- that the City Clerk requested this item be continued to the meeting of
August 27, 1998, at which time Councilman Crites would be present.
Mayor Pro-Tempore Spiegel moved to continue the presentation to the meeting of August 27, 1998.
Motion was seconded by Kelly and carried by a 4-0-1 vote with Councilman Crites ABSENT.
NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED
72 HOURS PRIOR TO THIS MEETING.
B. APPOINTMENT OF FIVE COMMISSIONERS TO THE PUBLIC SAFETY COMMISSION.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, appoint David Hagthrop, Rick Lebel,
Lyndale Manor, Ronald Jackson, and Dave Tschopp to the newly formed Public Safety Commission for the City
of Palm Desert. Motion was seconded by Ferguson and carried by a 4-0-1 vote with Councilman Crites
ABSENT.
XVI. 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 meeting of June 11, 1998).
Mayor Pro-Tempore Spiegel moved to continue the matter to the meeting of August 27, 1998. Motion
was seconded by Ferguson and carried by a 4-0-1 vote with Councilman Crites ABSENT.
B. CONSIDERATION OF AN APPEAL TO A PLANNING COMMISSION DECISION
DENYING 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 AT 42-335 WASHINGTON STREET #J Case No. CUP 98-6
(Louis Lassabatere/City Lites, Appellant).
Mr. Drell stated that as a part of the College of The Desert Street Fair approval process, the
commercial code was amended and added outdoor sales as a conditional use. He said when a
conditional use was listed in a zone, there was a presumption that under certain circumstances that
use could be approved. He said when it went through originally, staff determined the outdoor
sales would be considered in two circumstances: 1) Within substantially enclosed shopping
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centers; 2) merchandise being displayed was normally associated with outdoors (i.e. outdoor
sculpture, plants, patio furniture, etc.). He stated staff believed this application fell within the first
category, as shown in the photographs and by visiting the site; it was located within a substantially
enclosed shopping center under a large, dark, architectural overhang, and from certain angles, it
was behind a large, massive pillar. He said individual Conditional Use Permit (CUP) applications
were looked at regardless of subject and individually for the specific circumstances to decide if the
objectives of the original inclusion applied, and staff believed they did in this case. He noted the
general ambiance of this center was probably closer to the Street Fair than it was to El Paseo, and
staff saw one of the strengths of the City's retail environment was that it provided a variety of
retail experiences. He said staff felt that this particular retail experience would not be degraded
by this very small display. He went on to say that Planning Commission had considered the item,
felt it was not appropriate and denied it unanimously. Staff felt the application was worthy of a
CUP.
Mayor Benson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to
this item.
Mayor Pro-Tempore Spiegel asked if prior to the Street Fair, there had been a code which stated
something to the effect that in a given shopping center, during a certain number of days per year,
it was possible to conduct a sidewalk sale.
Mr. Drell responded that this still was the case, as a Temporary Use, and it could be ten days per
year.
Councilman Ferguson noted that this was one of the few occasions where the Planning
Commission and the staff took divergent views on an issue, and since the Chairman of the Planning
Commission was in the audience, he asked for her view of the Commission's review of the case.
MS. SONIA CAMPBELL, 73-910 El Paseo, Palm Desert, Chairman of the Planning Commission,
stated the Commission had unanimously voted against the subject CUP. She said the
Commission's thinking was that if this center, which she did not think was different than any
El Paseo or any other Highway 111 business, was permitted to go ahead with this open rack, all
merchants would ask for the same exception. She said that just because of the placement, the
overhang and pillar, it was the structure of the building and had nothing to do with the display.
She added that following the Planning Commission meeting, she checked with people in regard
to this case and was told the shop was very busy.
MR. LOUIS LASSABATERE, Co-owner, City Lites, 42-335 Washington Street #J, Palm Desert,
stated that if there were any real difference between El Paseo and the shopping center where his
business was located, then the discussion was about apples and oranges. He said El Paseo was
a prestigious area; his shopping center was not like that, and felt that if anyone thought they were
the same, he questioned their ability to make this determination. He submitted three photographs
to the Council to depict the amount of space of the display. (The photographs were made a part
of the record and were filed in the Office of the City Clerk.) He likened the display to fishing--
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that various types of businesses used various types of lures to attract the public. He said one could
be a sign which said "Open", another could be a door held open with a prop, or one such as his
display. He stated that Broadway Joy's, a merchant associate of his, had tables and chairs out
front to make their business attractive to the public and said they were open for business. He
noted there were many organizations which took their positions in front of this shopping center
to sell anything and everything without permits, yet these were allowed. He did not believe the
quality of the merchandise he had would compete with El Paseo nor would never, ever compete
with the Street Fair; he said his was decidedly middle ground. He stated he appealed this case on
another basis and that was a financial hardship. He noted that when he compared his books
between March 1997 and March 1998, his sales were down almost $8,000.00. He said this did
not mean they sold $8,000.00 per month from that rack, it meant that the lure was there. He
stated the citation he received said he was conducting business on a public sidewalk, which was
incorrect. He said customers selected items, were able to try them on in his air conditioned
leasehold, and if desired, the items were paid for within his leasehold; no business was conducted
on the public sidewalk. He questioned whether Lucky and Sav-On could do this, as it seemed they
were above this ordinance-- e.g. coin operated soft drink vending machines, coin operated
newspaper machines, and pay telephones-- those were doing business on a public sidewalk. He
said it was difficult to realize that such a small request as this created such a magnanimous attitude
and such an interest. He asked for the Council's allowance to be made because a financial
hardship was involved. He thanked the Council for their attention.
Councilman Ferguson stated that the Council's concerns were for the entire City, and not just
Mr. Lassabatere's small store. He said $13 million worth of improvements were being put into
the area all around this center, specifically to uplift it and bring it up to other codes within the City.
He said the public sidewalk was meant for pedestrian flow, and if Mr. Lassabatere's neighbor puts
out a lure, and Lucky puts out shopping carts full of groceries as a lure, pretty soon the public
sidewalk became a merchandise mart. He felt this was where the public concern was, not over the
City Lites store.
MR. LASSABATERE said he concurred 100% if this ordinance was going to be applicable to all
violators, but it was not. He said for some reason, the Code Enforcement officer chose to cite his
store alone, and he objected to this; he felt the ordinance should be applicable to everyone. He
added that he was not conducting business on a public sidewalk, and this was the part that hurt
him. He also said he had called the golf course managed by the City, spoke with the manager and
asked if the rack which had been on public display last week had any real discounts, and was told
that it did. He asked if the City was allowing this, what was different from his.
Council asked where the rack was located.
MR. LASSABATERE replied it was in front of the door to the Clubhouse.
Councilman Ferguson said the City may enforce its ordinance or it may change it, but he did not
know that this argued in Mr. Lassabatere's favor.
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MR. LASSABATERE said his point was that the Code Enforcement officer should enforce the
code for everyone, not just him.
Mayor Benson appreciated Mr. Lassabatere bringing this point to the attention of the Council and
said it would be taken care of.
MR. LASSABATERE asked about the other violators-- Lucky, Sav-On, etc., all which conducted
business on the sidewalk in violation of this ordinance.
Mayor Benson stated that the ordinance excluded newspaper machines.
MR. LASSABATERE said he and Mr. Drell had discussed that issue, and it regarded First
Amendment rights, was not to be considered, and was called "distribution."
Mr. Drell stated the City's ordinance did not identify a specific exemption, it made everyone apply
for a Conditional Use Permit. He added that news rack regulation was another question, perhaps
one for the City Attorney.
MR. MARC PEVERS, 877 Box Canyon Trail, Palm Desert, said he agreed with the Planning
Commission's ideal of maintaining a certain class in Palm Desert, and certainly on El Paseo the
type of thing City Lites wanted to do should not be permitted. However, he said in this case, he
felt the Council should show some compassion. He said this was a struggling business, and
basically the Lucky Center was a glorified strip mall, it was middle brow and did not have the aura
of El Paseo. He said here was a store that was too small to be on the very large monument signs
in place, and Lucky was selling soft drinks on the sidewalk. He said it was a Conditional Use
Permit, and that the Council should help some of the people who lived locally in Palm Desert and
- not just go out of its way for big developers, which he felt there was a habit of doing by giving
variances when they came in.
With no further testimony offered, Mayor Benson declared the public hearing closed and asked for
Council comment.
Councilman Ferguson stated that after viewing the photographs and staff report, he could not see
how they would contradict the Planning Commission on this case. He said he was not opposed
to lures or other creative things to do business, but this was just a steel rack in the middle of a
public sidewalk and felt it an unconscionable way to try to increase business. He said he
sympathized with the store owner, he hoped there were better ways or maybe more attractive
lures. He said this was not how he wanted this City to appear. He reiterated the fact that the City
was attempting to uplift the quality of the subject center and its neighborhood. He stated the
"everyone else did it" was not satisfactory defense. He said the City should be ashamed if it had
not been enforcing its ordinance, he anticipated taking a second look at this, but that two wrongs
did not make a right. He could not support staffs recommendation in this case.
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Mayor Pro-Tempore Spiegel agreed with the Appellant's statement that the Lucky Center and
El Paseo represented apples and oranges; however, if the Lucky Center were compared to Waring
Plaza at Fred Waring and Highway 111, or Desert Crossing (Target and Circuit City), or the new
Best Buy Center recently remodeled, he said the prices were comparable in the apparel sold in
those centers. He said if we allowed City Lites to do this, then he would feel obligated to allow
other stores to do the same. He felt the Planning Commission's comment, "The aesthetic quality
of the proposed project is not consistent with the City's aesthetic philosophy and goals for our
commercial areas.", was a true statement. He concurred with Councilman Ferguson that if this
store were allowed to do this, many others would have to be as well. He said this was not the
look he wanted to see in the City.
Councilman Kelly said he agreed with everything already said. He said when the Palm Desert
Country Club area was annexed into the City, their major reason for wanting annexation was to
improve that entire area. He noted the millions of dollars to be spent in landscaping, curbs,
gutters, parks, etc., and the City's desire to uplift that area. He empathized with Mr. Lassabatere
for his predicament and would like to help him increase his business. However, he felt this case
defeated what the City was attempting to accomplish.
Mayor Benson concurred. She said many businesses throughout the City had requested carts and
various things in the street which had been forbidden.
Mr. Diaz said it appeared the motion would be to deny the appeal and requested it include
direction for preparation of a resolution of denial as well as to begin the process through the
Zoning Ordinance Review Committee to repeal this section of the ordinance which permitted this
type of thing subject to a Conditional Use Permit.
Mayor Pro-Tempore Spiegel asked if it would be possible to add review of news racks so that
there could be an ordinance for them, if appropriate, with number of units of newspapers, soda,
and vending machines of all types.
Councilman Ferguson stated he would only modify that by saying it be sent to Comprehensive
Zoning Ordinance Review for return to Council with a recommendation for modification, repeal,
or other action, since that was the function of the Committee.
Councilman Ferguson moved to, by Minute Motion: 1) Deny the request for adoption of Resolution
No. 98-86 approving a request for a conditional use permit to allow a 2-foot by 4-foot by 5-foot high outdoor
clothing display of women's apparel in front of the City Lites business located at 42-335 Washington Street #J;
2) direct staff to prepare a resolution of denial for Case No. CUP 98-6; 3) direct the Zoning Ordinance Review
Committee to consider the ordinance which governed the subject case for possible modification or repeal and
make its recommendation to the Council for appropriate action. Motion was seconded by Spiegel and carried
by a 4-0-1 vote with Councilman Crites ABSENT.
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C. REOUEST FOR CONSIDERATION OF THE CONSOLIDATED PALM DESERT
LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FISCAL YEAR
1998/99.
Mr. Diaz noted the staff report which recommended approval following the public hearing.
Mayor Benson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to
the request. With no testimony offered, she declared the public hearing closed and requested Council
action.
Mayor Pro-Tempore Spiegel moved to: 1) Waive further reading and adopt Resolution No. 98-87
approving the final engineer's levy report as presented or amended by the City Council; 2) waive further reading
and adopt Resolution No. 98-88 ordering the levy and collection of assessments as approved. Motion was
seconded by Ferguson and carried by a 4-0-1 vote with Councilman Crites ABSENT.
At this point of the agenda, Mayor Benson considered Public Hearing Item E. Please see that
portion of the Minutes for discussion and action.
D. REOUEST FOR CONSIDERATION OF STREET RIGHT-OF-WAY AND PUBLIC SERVICE
EASEMENTS ABANDONMENT.
Mayor Benson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to
this item.
MR. EUGENE BONFILIO, 43-735 Calle Las Brisas, Palm Desert, and said he had bought a home
in the Tucson Project, which was just to the east of this abandonment of the road and said his lot
number was 41 Maricopa. He said when he purchased this property, he was told he would have
a 40-foot setback from his wall to the neighbor's wall to the east and was expecting to preserve
his view corridor to the west and south. He understood that Latisha Road would serve as a buffer
to his back wall and property currently owned by Mr. Sparks. He said in his conversations with
Mr. Gaugush, it was explained that the property was zoned to default to the current owner and
be abandoned by the City with certain restrictions applied. He said it was those restrictions which
concerned him and the reason for his presence. He said the property was to remain a retention
basin and only have landscaping in the 40 x 300 feet it occupied, the property behind him. He
requested that if there must be trees, they not exceed 12 inches above his current fence line, which
was six feet.. He said he also requested the condition include preservation of his view corridor and
that no recreational vehicles, boats, nor any storage sheds be placed in this area. He said he was •
aware, after speaking with Mr. Gaugush, that there were no permanent structures allowed to be
built on that 40 x 300 foot property, but it did not exclude any sheds, or the like, which could be
put out on that property. He asked that these restrictions be put in place so that when possible
future owners assumed the property, the conditions would already be in place, preserving his view
corridor.
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MR. CLAUDE BROCK, 39 Maricopa Court, Palm Desert, said he was a neighbor to
Eugene Bonfilio. He said he had also spoken to other property owners who were adjacent to the
parcel on the east side, and their concerns reflected Mr. Bonfilio's-- they understood there would
be a 40 foot buffer between them and the neighbor to the east creating an unobstructed view
corridor from their lots. He said the current owner may or may not obstruct the view, but many
future owners may plant landscaping to obstruct the view, park a recreational vehicle, or build a
shed there. Therefore, he said if this were approved, they requested certain conditions be placed
on the land use. He said he had outlined these conditions (i.e. no parking or storage of any
motorized vehicles, trailers, boats, etc.; no planting of any trees, shrubs, bushes, etc., which, at full
maturity, exceeded the top of the fence to the east of the parcel; no permanent or semi -permanent
structures, lattice enclosures, etc., to be built or placed on the said parcel) and would be happy to
meet with the appropriate parties to hammer out the details of the restrictions. He said if it were
impossible to put on the restrictions, then he asked for denial of this abandonment. He said the
beautiful views were part of the reason he purchased the property.
MR. NOLAN SPARKS, 77-544 Calle Las Brisas North, Palm Desert, said he was the future
neighbor of Mr. Bonfilio and Mr. Brock, and the impetus for abandonment of this corridor. He
said he understood and had no problem with the restrictions, except for the landscaping issue for
which he had concern. He said his current plans for that were to plant fruit trees along that bank,
their peak at maturity would more than likely exceed the wall by a foot. He said he did want to
be a good neighbor and had not yet had the opportunity to discuss this with them; he did not want
to obstruct their view anymore than need be but wanted to soften the wall. He reiterated that he
wanted to work with his neighbors, but wondered, if he understood it correctly, if he put
something up on his property as it was now, it would obstruct the view much more than if he did
something in this abandonment.
Mayor Pro-Tempore Spiegel asked if it were necessary to decide this issue at this meeting, since
the developer and the homeowners had not had the chance to meet and identify what they would
like to see as part of the agreement, it might be sensible to continue just that part of it until the
next meeting.
Mr. Folkers answered staff could probably proceed with the Palm Desert Subdivision and the
Bighorn Development and continue this item for further discussion.
Mr. Erwin concurred.
Councilman Ferguson asked, if when public property was abandoned, it was City policy to often
impose conditions on the recipients.
Mr. Gaugush stated that it was not generally the case. He said the typical abandonment of this
nature did not generate controversy. He said there were situations were public utility easements
were preserved, in this case with the subject property, the City would retain a drainage easement
for storm water retention over the entire parcel.
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Councilman Ferguson asked Mr. Diaz his opinion of imposing conditions such as those suggested.
Mr. Diaz stated he would not recommend them; he felt the enforceability was next to impossible.
Councilman Ferguson asked Mr. Erwin if it were still true that there was no such thing as an
easement or entitlement to a view, legally.
Mr. Erwin responded this was correct.
Councilman Kelly asked what the law stated.
Councilman Ferguson stated a person had no right to a view at law; there was no view easement.
He said he was all in favor of allowing the private parties to work it out amongst themselves, and
if it required continuance to accomplish this, that was fine. He said he was not in favor of
imposing legal conditions and establishing a precedent on the City's public way abandonments,
of tailoring them to those who adjoin the abandonment. He thought this would be a tricky road
to traverse.
Mayor Benson stated that in the past, the City had considered people's line of sight on the view,
that it not be obstructed if possible. She added she would be in favor of continuance to see what
could be done here.
Mr. Gaugush commented that Mr. Sparks was near completion on the home he has been
constructing for some time, and he had been held off doing anything that would cross that
easement. He said it was Mr. Sparks' intent to close off from access the easement area, and his
concern was that continuance would not allow him to complete his project. He said that with
regard to conditions, the resolution reserves the drainage easement, which significantly restricted
the ability to do much of anything within the specified area. He said other conditions could be
dictated by the Council.
MR. BONFILIO said while they did not want to impede Mr. Sparks, they planned to work
together, but he was certain view corridors had previously been preserved in the City's
development with height restrictions, etc. He asked for confirmation of the building restriction
heights in the City.
Councilman Ferguson stated that in residential developments, if the purchaser acquired property
next to a vacant lot and then someone built on the former vacant lot, as long as they were within
the current zoning, there was no right to restrict the building.
MR. BONFILIO disagreed due to the fact that this was a road being abandoned by the City, which
had been deeded to it in 1955 by either Mr. Robertson or Mr. Anderson. He said because it was
a property which could not be built upon, they expected it would not have a common wall, and
now it did. He added they did not mind, as Mr. Sparks would maintain it and was willing to take
that responsibility, but they wanted the aforementioned minor restrictions in order to preserve their
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corridor. He said they had not had the opportunity of rezoning so that they might have acquired
the subject property, it had been done prior to their purchase of the adjacent lots. He said they
favored Mr. Sparks' completion of his property, felt Mr. Sparks was willing to work with them,
and saw no reason it could not be passed but for the outlined restrictions.
Discussion in the audience section of the Chamber ensued between Mr. Bonfrlio, Mr. Brock,
Mr. Sparks, Mayor Pro-Tempore Spiegel, and Mr. Gaugush. Mayor Pro-Tempore Spiegel then
returned to the Council desk to explain the compromise to his fellow Council members.
Mayor Pro-Tempore Spiegel asked Mr. Erwin if the restrictions could be placed upon the
abandonment.
Mr. Erwin responded that they could be put there but questioned future enforcement.
Mayor Pro-Tempore Spiegel stated hopefully they would not have to be enforced because
Mr. Sparks would enjoy living in Palm Desert and would stay here in perpetuity, or as long as he
was on the Council, anyway. He added it appeared Mr. Sparks also had nice neighbors on the
other side of the wall.
Mayor Pro-Tempore Spiegel moved to: 1) Waive further reading and adopt Resolution No. 98-89
abandoning that public service easement described as an easement "for bridle trail, storm water drainage, and
underground public utilities" as shown on the Palm Desert Subdivision Map; 2) waive further reading and adopt
Resolution No. 98-90 abandoning a portion of those public service easements affecting Lot 16 and Lot 17 of
Tract No. 27520-3 (Bighorn) in the City of Palm Desert; 3) waive further reading and adopt Resolution
No. 98-91 vacating a portion of right-of-way known as Latisha Lane south of Robin Road as amended to reflect
vegetation height and structural restriction conditions for the subject property to be abandoned. Motion was
seconded by Kelly and carried by a 3-1-1 vote with Councilman Ferguson voting NO and Councilman Crites
ABSENT. -
E. REOUEST FOR CONSIDERATION OF APPROVAL OF AN AMENDMENT TO THE PALM
DESERT MUNICIPAL CODE AS IT RELATES TO OFF-STREET PARKING FOR MEDICAL
AND DENTAL OFFICES AND CLINICS Case No. ZOA 98-4 (City of Palm Desert, Applicant).
Mr. Diaz noted the staff report which recommended increased parking requirements for this type
of land use.
Mayor Benson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to
the request. With no testimony offered, she declared the public hearing closed.
Mayor Pro-Tempore Spiegel moved to waive further reading and pass Ordinance No. 883 to second
reading. Motion was seconded by Ferguson and carried by a 4-0-1 vote with Councilman Crites ABSENT.
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XVII. ADJOURNMENT
Mayor Benson acknowledged a request for Oral Communications.
MR. MARC PEVERS, 877 Box Canyon Trail, Palm Desert, stated he wished to speak on the Marriott
Timeshare proposal. He said he realized the hearing had been continued, but he would not be available.
at the meeting in August and asked for consideration of his comments. He said from what he had read,
Marriott considered the project associated with its hotel so that a waiver of the City's timeshare
ordinance was not required. He felt this ridiculous, since the project was approximately three miles from
Desert Springs and located on land which was not contiguous to Marriott. He said nevertheless, he felt
the waiver should be granted, as was done previously for Intrawest, providing two conditions were met:
1) Marriott be required to underground the transmission lines along Country Club from Cook Street to
Portola, approximately 1 mile with an approximate cost of $2.6 million; 2) the proposed golf course for
the timeshare project should be restricted to timeshare residents and their guests-- no more competition
for Desert Willow was needed since it was currently losing money. He added that even if the Council
felt the timeshare ordinance did not apply, he thought these two conditions should be incorporated into
any approval of the project. He was certain the Council realized the tremendous profit-- they would
hand Marriott $200-300 million if the project were built. To explain, he said a 1,200 square foot unit
which would sell for $130,000.00 at Monterey, $15,000.00 per week, 50 weeks per year equaled
$750,000.00 per unit, and their gross margins were about 30%, reflecting the aforementioned profit.
He felt the least Marriott could do would be to spend $2.6 million for the undergrounding along their
property. He said that in the City Lites application, upgrading the Lucky Center was stressed; he felt
this area also needed an upgrade, especially since two luxury hotels were being sought for Desert
Willow, this would beautify the area and possibly hasten the sale of the luxury hotel pads. He noted that
the City of Rancho Mirage was spending part of their surplus to expedite their undergrounding, Palm
Springs had undergrounded most of East Palm Canyon, Indian Wells was all underground, and he
thought Palm Desert had fallen behind in this regard. He asked for the Council's consideration of his
comments when approving the proposed Marriott Timeshare.
Upon a motion by Spiegel, second by Ferguson, and 4-0-1 vote of the Council with Councilman Crites
ABSENT, Mayor Benson adjourned the meeting to Closed Session at 7:49 p.m. She reconvened the meeting
at 9:45 p.m. and immediately adjourned with no action announced from Closed Session.
ATTEST:
-IHEILA R. GILLI 1AN, CITY RK
CITY OF PALM DESERT, ORNIA
. BENSON, MAYOR
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