HomeMy WebLinkAbout1998-06-25MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JUNE 25, 1998
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I. CALL TO ORDER
Mayor Benson convened the meeting at 4:06 p.m.
H. ROLL CALL
Present: Excused Absence:
Councilman Jim Ferguson Councilman Buford A. Crites
Councilman Richard S. Kelly
Mayor Pro-Tempore Robert A. Spiegel
Mayor Jean M. Benson
Also Present:
Ramon A. Diaz, City Manager
David J. Erwin, City Attorney
Carlos L. Ortega, RDA Executive Director
Sheila R. Gilligan, Director of Community Affairs/City Clerk
John M. Wohlmuth, ACM/Director of Administrative Services
Patrick Conlon, Director of Building and Safety
Phil Drell, Director of Community Development
Paul S. Gibson, Director of Finance/City Treasurer
Joseph S. Gaugush, Engineering Manager
David Yrigoyen, Redevelopment Agency Manager
Teresa LaRocca, Housing Programs Coordinator
John Nagus, Community Arts Manager
Rachelle D. Klassen, Records Technician
M. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of June 11, 1998, and the Adjourned Joint
Meeting of the City Council/Redevelopment Agency of June 9, 1998.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 59, 60,
59PD Office Complex, and 60PD Office Complex .
Rec: Approve as presented.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 1998
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C. APPLICATION FORALCOHOLIC BEVERAGE LICENSE by Desert Restaurant, Inc., for
Sammy's California Woodfired Pizza, 73-595 El Paseo, Suite B2208, Palm Desert.
Rec: Receive and file.
D. PORTFOLIO MASTER SUMMARY for the Period Ending April 30, 1998.
Rec: Receive and file.
E. MINUTES of the Golf Course Committee Meeting of May 11, 1998.
Rec: Receive and file.
F. RESOLUTION NO. 98-771 A Resolution of the City Council of the City of Palm Desert,
California, Setting Forth Its Findings and Authorizing the Destruction of Files from The
Department of Building and Safety that Have Been Microfilmed (April 1998).
Rec: Waive further reading and adopt.
G. RESOLUTION NO. 98-76 A Resolution of the City Council of the City of Palm Desert,
California, Setting Forth Its Findings and Authorizing the Destruction of Files from the
Department of Building and Safety that Have Been Microfilmed (May 1998).
Rec: Waive further reading and adopt.
H. REQUEST FOR AWARD OF CONTRACT for Engineering Design of Palm Valley Channel
Bridge and Golf Cart/Pedestrian Path to Keith International Inc. (Contract No. C14590,
Project No. 665-98).
Rec: By Minute Motion: 1) Approve engineering design proposal from Keith
International, Inc. (KII) for the subject engineering design in the amount of
$11,000.00 plus a ten percent (10%) contingency of $1,100.00 for a total amount of
$12,100.00 -- funds are available from Account No. 110-4300-413-3010; 2)
authorize the Mayor to execute the agreement.
I. REQUEST FOR AUTHORIZATION to Enter Into an Agreement For Construction
Inspection/Observation Services on Various City Traffic Signal Projects (Contract
No. C14600).
Rec: By Minute Motion, authorize the Mayor to execute a sole source agreement with
Jerry L. Hahs, P.E., in an amount not to exceed $40,000.00 for construction
inspection/observation services on various traffic signal projects -- funds are
available in Account No. 110-4250-433-3325.
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J. REOUEST FOR AWARD OF BID for Citywide Palm Tree Trimming (Project No. 587-98).
Rec: By Minute Motion, award palm tree trimming project to Andy's Tree Service, Palm
Springs, California, in the amount of $12.50 per tree for trimming 1,628 trees.
K. REOUEST FOR AWARD OF CONTRACT for Hydroseeding of Desert Willow Golf Resort
Firecliff Course (Contract No. C14610).
Rec: By Minute Motion, award contract for hydroseeding of Desert Willow Golf Resort
Firecliff Course to Southern California Hydroseed & Hydromulch, Temecula,
California, in the amount of $2,130.00 per acre.
L. REOIJEST FOR AWARD OF CONTRA a for Golf Cart Path Turnouts at Desert Willow
Golf Resort (Contract No. C 14620).
Rec: By Minute Motion, award contract for construction of additional golf cart path
turnouts to All Phase Construction, Indio, California, in the amount of $19,500.00.
M. REOUEST FOR EXTENSI,QN AND R$VISION of Landscape Contracts with Valley
Gardening Service (Contract Nos. C07402, C08042, C12291, and C12301).
Rec: By Minute Motion, approve a one-year extension of the subject four contracts with
Valley Gardening Service and additional costs associated with each contract as
discussed in the memorandum.
N. REOUEST FOR APPROVAL of 30-day Extension to Contract No. C13100 and Contract
No. C13110 with Publicity Unlimited for Advertising and News Bureau Services for Fiscal
Year 1998/99.
Rec: By Minute Motion, approve the 30-day extension.
O. REOUEST FOR APPROVAL of Change Order No. 1 to Contract No. C13750 with Coachella
Valley Engineers for Engineering Design of Whitewater Bicycle and Pedestrian Project
(Project No. 690-98).
Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $3,500.00;
2) authorize the transfer of $700.00 from contingency to base; 3) authorize the
appropriation of $2,800.00 from Account No. 110-4300-413-3010.
P. REQUEST FOR AUTHORIZATION to Release Survey Monumentation Deposit for
Tract 26123-3 (Sunrise Company, Applicant).
Rec: By Minute Motion, authorize the City Clerk to release the subject monumentation
deposit.
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Q. REQUEST FOR APPROVAL for Transfer of Property to PDH Associates.
Rec: By Minute Motion, approve the Quit Claim Deed transferring Lot 1 of Tentative
Tract Map 28450 to PDH Associates.
R. REQUEST FOR AUTHORIZATION to Purchase Photography and Publish "City of Palm
Desert Landscape Guideline Book".
Rec: By Minute Motion, authorize payment not to exceed $50,000.00 for the subject
book.
S. REQUEST FOR DECLARATION of Surplus Property.
Removed for separate consideration under Item IV, Consent Items Held Over. Please see this
portion of the Minutes for discussion and action.
T. REQUEST FOR APPROPRIATION of Funds for Desert Willow Golf Resort Mountain View
Course Grand Opening Budget.
Rec: By Minute Motion, appropriate $17,980.00 from General Fund Reserves for the
Mountain View Course grand opening budget.
U. REOUEST FOR RATIFICATION of Grant Application Submitted to the Department of
Conservation, Division of Recycling, for a Commercial Recycling Program for Restaurants
and Bars.
Rec: By Minute Motion, ratify the grant application.
Mayor Pro-Tempore Spiegel asked that Item S be removed for separate consideration and discussion
under Item IV, Consent Items Held Over.
Upon motion by Spiegel, second by Ferguson, the remainder of the Consent Calendar was approved
as presented on a 4-0-1 vote with Councilman Crites ABSENT. Councilman Ferguson ABSTAINED from
voting on Item U of the Consent Calendar due to his representation of the Foundation For The Retarded.
IV. CONSENT ITEMS HELD OVER
S. REOUEST FOR DECLARATION of Surplus Property.
Mayor Pro-Tempore Spiegel said the subject surplus property consisted of computers, printers,
and miscellaneous equipment to be donated to the Children's Discovery Museum of The
Desert. He noted that some of the schools and the Visitors' Center needed computers and
questioned whether they had been approached regarding their desire to receive such equipment.
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Mr. Gibson answered that when previously declaring computer equipment as surplus, the
aforementioned needs have been reviewed. He said the problem in donating to the schools was
that they wanted the most up-to-date equipment (i.e. Pentium II processors), and these were
basically 386's and 486's. He also said the subject equipment was IBM -manufactured and did
not allow the possibility for upgrade to a higher speed by installation of new CPU processors,
which current software required. Therefore, he said basically the subject equipment was not
useful for most organizations.
Mayor Pro-Tempore Spiegel asked if the equipment could be used by the Chamber of
Commerce or Visitors' Center.
Mr. Gibson responded that the Chamber already had equipment that was of a higher standard
than the subject property.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion: 1) Declare personal computers, printers
and miscellaneous equipment as surplus property; 2) verify any possible resale equipment opportunities
and donate the surplus property to the Children's Discovery Museum of The Desert. Motion was
seconded by Ferguson and carried by a 4-0-1 vote with Councilman Crites ABSENT.
V. RESOLUTIONS
A. RESOLUTION NO. 98-77 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, CLOSING PORTIONS OF FAIRHAVEN DRIVE AND
PORTIONS OF ADONIS DRIVE TO VEHICULAR TRAFFIC.
Mr. Diaz stated that the subject resolution reflected further implementation of the decisions
made previously with regard to this area.
Mayor Pro-Tempore Spiegel moved to waive further reading and adopt Resolution No. 98-77.
Mr. Diaz noted that staff would recommend continuance of the matter.
Motion died for lack of a second.
Mayor Pro-Tempore Spiegel moved to continue the matter to the meeting of August 27, 1998.
Motion was seconded by Ferguson.
Mr. Erwin stated the Government Code required a formal action by resolution.
Councilman Ferguson stated he could not vote in favor of the resolution. He said he read it,
did not agree with one word of it, and was not in favor of the closures. He said he did not feel
it was a threat to public health and safety and the resolution did not state what he believed.
Motion carried by a 4-0-1 vote with Councilman Crites ABSENT.
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VI. ORDINANCES
For Introduction:
None
For Adoption:
A. ORDINANCE NO. 877 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE NO. 663 AND AMENDING
SECTION 10.36.010 OF THE MUNICIPAL CODE RELATIVE TO ESTABLISHING
SPEED ZONES (San Pablo Avenue between San Gorgonio Way and Magnesia Falls Drive).
Mayor Pro-Tempore Spiegel moved to waive further reading and adopt Ordinance No. B11. Motion
was seconded by Ferguson and carried by a 4-0-1 vote with Councilman Crites ABSENT.
B. ORDINANCE NO. 879 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE NO. 663 AND AMENDING
SECTION 10.36.010 OF THE MUNICIPAL CODE RELATIVE TO ESTABLISHING NEW
SPEED ZONES (Cook Street between Frank Sinatra Drive and Country Club Drive).
Mayor Pro-Tempore Spiegel moved to waive further reading and adopt Ordinance No. $22. Motion
was seconded by Ferguson and carried by a 4-0-1 vote with Councilman Crites ABSENT.
C. ORDINANCE NO. 880 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT
TO PERMIT MIXED RESIDENTIAL/SERVICE INDUSTRIAL USE IN THE S.I. ZONE,
Case No. ZOA 98-3 - City of Palm Desert. Applicant.
Mayor Pro-Tempore Spiegel moved to waive further reading and adopt Ordinance No. AN. Motion
was seconded by Ferguson and carried by a 4-0-1 vote with Councilman Crites ABSENT.
VII. NEW BUSINESS
A. REQUEST FOR APPROVAL OF ALL -WAY STOP CONTROL AT THE INTERSECTION
OF SAN LUIS REY AVENUE AND SHADOW MOUNTAIN DRIVE.
Mr. Diaz noted the staff report and stated Mr. Gaugush was available to answer any questions.
Councilman Kelly stated he felt this was a necessary measure. He said he frequently traveled
this intersection, and the way the street curved there made visibility difficult. He said the
traffic there always moved faster since it was traveling downhill, and while he was not slow
to proceed through the intersection, he had experienced some close calls there. He also noted
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with the upcoming opening of the Gardens On El Paseo there would be more traffic at this
location, which he felt would necessitate an all -way stop.
Councilman Kelly moved to, by Minute Motion, direct staff to install all -way stop control at the
intersection of San Luis Rey Avenue and Shadow Mountain Drive. Motion was seconded by Spiegel and
carried by a 4-0-1 vote with Councilman Crites ABSENT.
B. CONSIDERATION OF REQUEST BY WASTE MANAGEMENT OF THE DESERT (WMD)
FOR CONSUMER PRICE INDEX (CPI) INCREASE FOR SERVICE RATE.
Mr. Wohlmuth stated that a 50% percent of CPI (from March to March) for our area request
was provided for as a part of the agreement with Waste Management of The Desert. He noted
that from March 1997 to March 1998, the CPI was 1 %; therefore, the CPI request was a 0.5 %
increase. He said staff recommended approval of the 0.5 % increase, taking same from the
City's fund for tipping fee pass through so as not to increase the residential rates and passing
that 0.5 % onto Waste Management to compensate them for the allowable automatic increase
within the agreement, modifying only that section of the commercial to reflect the service of
a 0.5 % increase. He invited questions from the Council.
Mayor Pro-Tempore Spiegel asked for confirmation of the fact that Palm Desert residents
would not pay any additional charge.
Mr. Wohlmuth stated that the City would pay the residents' portion of the increase from what
Council might know better as the "Recycling", or "AB939" fund-- it was a pass through
account that the City put aside for recycling and long range disposal. He said since the landfill
charges had not increased, remaining at $30.00, the City would not see an increase in dump
surcharge so the commercial accounts only increased slightly, the residents' accounts remained
the sane.
Mayor Pro-Tempore Spiegel questioned how much the commercial accounts would be
increased.
Mr. Wohlmuth said that 0.5% for one-time service on a three -yard bin reflected approximately
40C per month.
Mayor Pro-Tempore Spiegel asked how much this increase would affect Marriott's Desert
Springs.
Mr. Wohlmuth stated it was hard to determine since as a large customer, Marriott's bill could
be upwards of six figures, and in such case, it would be only the service charge. He noted that
customers have two charges on their bill, the waste bill and tipping fee. He estimated that the
Marriott would experience an increase in the hundreds of dollars per year based upon bills of
$100,000.00.
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Mayor Pro-Tempore Spiegel moved to: 1) Waive further reading and adopt Resolution No. 98-78
approving the new solid waste collection and residential recycling service rate structure with a 1998
Consumer Price Index (CPI) increase request of 0.5 % submitted by Waste Management of the Desert
Exhibit "A"); 2) by Minute Motion, direct the City's franchised waste hauler, Waste Management of The
Desert, to continue to remit funds collected under the Riverside County Waste Resources Management
District's (RCWRMD) landfill tipping fee reduction to the City for deposit in a special fund entitled,
"Waste and Recycling Fee." Motion was seconded by Kelly and carried by a 3-0-1-1 vote with
Councilman Crites ABSENT and Councilman Ferguson ABSTAINING due to his representation of Waste
Management of The Desert.
C. CONSIDERATION OF REC v1MENDATION FROM THE ECONOMIC DEVELOPMENT
ADVISORY COMMITME FOR REFOCUS AND REORGANIZATION OF THE BOARD.
Mrs. Gilligan stated prior to the meeting she had distributed copies of a memorandum which
went to the Economic Development Advisory Committee (EDAC) and a letter from Mr. Tim
Sullivan, Committee Chairman. She added that Councilman Ferguson and Mayor
Pro-Tempore Spiegel would be providing the report.
Councilman Ferguson stated he and Mayor Pro-Tempore Spiegel met with EDAC, at several
of its requests, and discussed its function, relevance, purpose, direction, etc., from its
inception to date. He said the Council members asked that the Committee meet and discuss
amongst themselves what they felt they needed from the Council in order to refocus. He added
that they replied by way of a memorandum which outlined their questions that he then
forwarded to their Chair. He stated the first question from the memo asked, "Does the City
need an Economic Development Advisory Committee?", followed by all the different types and
steps. He said the Committee met, considered those questions and wanted Council to review
the matter. He said he and Mayor Pro-Tempore Spiegel discussed the matter with the
Committee Chair Tim Sullivan and discussed possibly doing with EDAC what had been done
with the Police Advisory Committee. He said that was to recognize that it was no longer
serving the purpose for which it was originally intended, dismantle the Committee as it was
currently construed, and to go out to study economic development functions in other cities with
community participation, then recreate a useful function within the City of Palm Desert. He
added Committee Chairman Sullivan agreed with this proposal, was unable to attend today's
meeting, but he provided a letter and asked Councilman Ferguson to convey those sentiments
to the Council.
Councilman Kelly stated he read the letter from Mayor Pro-Tempore Spiegel and Councilman
Ferguson, and he concurred with Item No. 3 from the letter. He said from his perspective,
he felt the Committee should make recommendation to the Council on basic economic
development activities such as business retention, business expansion, and business attraction
through policy and program oversight for the Economic Development Office and the Business
Support Center, and he proposed the mission also include visitor retention and hotel vacancy
factors. He stated all of this scope could be tied into business retention with the center that is
being established, and he did not feel that a commission (e.g. Public Safety Commission)
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needed to be established, that it could still be a committee and provide this direction. He
suggested that in the future when the proposed Visitor and Information Center is operational,
he suggested the Committee meet in the board room of the Center in order to concentrate the
combined efforts of staff and the Committee to facilitate business retention and the hotel/visitor
issues. -
Mayor Pro-Tempore Spiegel concurred with Councilman Kelly's statements. He said these
were issues they anticipated reviewing, and community input was encouraged.
Mayor Benson stated she had individually met with some of the Committee members who
asked if the Council would take a look at it just as was done with Police Advisory in order to
refocus. She added the members said they wanted to be a help to the City but felt they were
floundering.
Councilman Kelly added that with two new golf courses and new hotel complex, the City was
entering a new era of economic development. He stated this would be a real opportunity to
allow the Committee a fresh start for taking charge of the whole business climate including the
business sector, the hotel sector, and visitor sector.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, reorganize the Economic Development
Advisory Committee. Motion died for lack of a second.
Councilman Ferguson said that when it was suggested that what was done for the Police
Advisory Committee be done for EDAC, the purpose was not to create a commission, it was
to dismantle what existed. He said several members of the Committee had expressed their
unwillingness to participate if more responsibility and time requirements were imposed, and
it was determined that dismantling the committee and studying other such entities in order to
create something new would be easier. He suggested the action he would prefer would be to
dismantle EDAC, thank the people who participated, let them know what was going on, and
provide them the opportunity to reapply once direction for the new committee was determined.
Mayor Pro-Tempore Spiegel stated that when EDAC was formed, the mission was to cover
every facet of the City-- there was a person from the retail industry, the hotel industry, etc.,
and because of this, the Committee was probably not as focused as it might have been. He
added that it was now known that the majority of the City's revenue came from two spots and
these were what need amplification. He agreed with Councilman Ferguson's comments that
EDAC be dismantled as it presently existed, and he suggested some of the economic
development groups at work in other successful cities be emulated in addition to adding the
hotels and visitor center aspect in order to focus on and enhance the major sources of revenue.
Councilman Kelly moved to dismantle the current Economic Development Advisory
Committee and direct reorganization of a new committee which would focus on economic
issues of the major sources of revenue for the City including business retention, hotel and
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visitor retention. Motion was seconded by Ferguson and carried by a 4-0-1 vote with
Councilman Crites ABSENT.
Mayor Benson questioned whether appointment of a committee in order to provide this
redirection was necessary, as was done with the Police Advisory Committee.
Councilman Ferguson stated he felt it a good idea to do so.
Mayor Pro-Tempore suggested waiting for staff to provide recommendations regarding other
cities' programs.
Councilman Kelly cautioned that Palm Desert had a unique economic base; therefore, it would
be difficult to find or study another such city with the same type of opportunities. Mayor
Pro-Tempore Spiegel concurred.
Mayor Benson stated that for the Police Advisory Committee two Council members met with
staff, they took it from there, and returned to the Council with recommendations.
Mr. Diaz suggested two Council members be appointed to the reorganization committee in
order to identify the cities and areas to be reviewed, as they relate to Palm Desert, and return
with recommendations at the meeting of August 27, 1998.
Mayor Pro-Tempore Spiegel suggested that he and Councilman Ferguson continue with
development of the new committee.
Councilman Kelly moved to, by Minute Motion, appoint Mayor Pro-Tempore Spiegel and
Councilman Ferguson as Council liaisons for development and formation of a new committee for
economic development with recommendations to be made at the meeting of August 27, 1998. Motion was
seconded by Ferguson and carried by a 4-0-1 vote with Councilman Crites ABSENT.
D. INFORMATIONAL ITEMS:
1. Progress Report on Retail Center Vacancies
Ms. Ruth Ann Moore, Business Support Manager, stated the Million Dollar Days
Promotion would begin July 1. She said with the success enjoyed last year, the
promotion had been extended from one month to two months, concluding August 31.
She also reported 50 stores were added to the promotion for 1998-- more than 200
stores would participate in the Million Dollar Days event. She stated just as in 1997,
27,000 packages of Palm Desert Dollars would be delivered to the homes via the
Bright Side newsletter with Dollars also available at the Chamber of Commerce and
City Hall. She said for every five dollars spent at a participating merchant, a
customer could use one Palm Desert Dollar. She said in 1997, over 100,000 Palm
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Desert Dollars were returned by customers, and increased use was anticipated with
the additional month and more participating merchants.
Ms. Moore announced two stores coming to Palm Desert. She said the first was
Kreiss Furniture to be located in 7,000 square feet at the corner of El Paseo and
Portola Avenue with an opening date of June 30. She said Kreiss had been formerly
located in Rancho Mirage and would close that location. She said a signed lease had
been received from Louie Strauss for 20,000 square feet of the former Lucky
location for Office Max, and a commencement date for the store had been listed in
the lease as no later than January 15, 1999. She said the remaining portion of the
space, approximately 10,000 square feet, was located nearer to El Paseo and was the
focus of continued aggressive promotional efforts. She added this location would be
featured at Palm Desert's booth during the ICSC Conference in September.
Ms. Moore stated there was one further potential tenant to review with Council
during the Closed Session portion of the meeting.
2. Progress Report on Desert Willow Clubhouse Facility
Mr. Ortega provided the report for Mr. Acosta. He stated progress on the project
continued, including close involvement by Mr. Nagus for the artwork aspect of the
project.
3. Progress Report from the "Save The Rink" Committee
Mr. Jeff Winidepleck, Associate Planner and Committee representative, stated they
met Thursday, June 18, to discuss the available options and identify the best possible
course of action. He stated the Committee's direction was to explore the possibility
of a 100% private developer building the rink. He noted this was their first action
prior to any request for public funds._ He said their next meeting had been planned
for Thursday, July 9, where the Committee hoped to meet with one or two potential
developers.
4. Update on School District Boundary Changes
Mr. Diaz stated there was no new information to report for this issue. He stated that
the Palm Springs Unified School District had been contacted as a result of its
communication regarding the Marriott Timeshare Development, and the City had
answered all of their questions. He said it appeared the assurances they requested
revolved around some type of deed restriction to ensure school age children were not
produced by the project. He added that a letter had been sent to the District
requesting it allow the City to move the subject project to the Desert Sands Unified
School District. He said issues remained with regard to the process, since the City
cannot apply for alteration of the school district boundaries, and staff continued to
address these. He stated a more detailed report would be provided at the August 27,
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1998, meeting including the current status of the adjacent subdivision homeowners'
petition to the County Superintendent of Schools. He added that this was going to
be a difficult task.
5. Update on Use of Van by Desert Willow Staff
Mayor Pro-Tempore Spiegel asked whether the van was being used.
Mr. Diaz replied not as of yet; there were still some questions to be answered.
With Council concurrence, staff was directed to remove this item from future Agendas as an
Informational Item.
NOTE: THE FOLLOWING ITEM WAS POSTED ON AN AGENDA ADDENDUM POSTED
72 HOURS PRIOR TO THIS MEETING.
E. REOIJEST FOR AUTHORIZATION OF PURCHASE OF LED TRAFFIC SIGNALS.
Mr. Gaugush noted the report which had been distributed to Council and stated the purchase was
for an item of proven technology for traffic signal lighting and energy savings.
Councilman Ferguson noted that according to the staff report, the savings to be realized after
installation of the mechanisms would offset their initial cost in a relatively short period of time.
Councilman Kelly moved to, by Minute Motion, authorize the purchase of red LED traffic signals for
38 intersections for the amount of $79,343.87 from Synchronex of Claremont, California. Motion was
seconded by Ferguson and carried by a 4-0-1 vote with Councilman Crites ABSENT.
VIII. CONTINUED BUSINESS
A. REQUEST FOR CONSIDERATION OF SPEED LIMIT ON HAYSTACK ROAD (Continued
from the meeting of June 11, 1998).
Mr. Diaz stated that since posting of the Agenda, staff had asked for continuance to the
meeting of August 27, 1998, in order to compile all the necessary data for a complete report.
Councilman Ferguson moved to, by Minute Motion, 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.
B. REOtJEST FOR CONSIDERATION OF SPEED LIMIT ON COUNTRY CLUB DRIVE
(Continued from the meeting of June 11, 1998).
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— Upon question by Councilman Kelly, Mr. Gaugush responded the existing two speed limits
would be maintained.
Councilman Kelly stated he disagreed with two speed limits. He felt there should be one speed
limit on Country Club from Monterey to Washington in order to eliminate motorists' confusion
over changing the speed limit at Portola.
Mr. Gaugush replied that the condition had existed for a number of years at the subject
location. He said nothing was changed; the existing situation was being maintained.
Councilman Kelly stated that this was possibly a chance to fix the condition.
Mr. Gaugush stated Council had the opportunity to change the situation. He said the staff
report indicated the results of the required speed survey did not support a reduced speed limit
to 45 miles per hour in the majority of the roadway.
Councilman Kelly stated the whole segment between Monterey and Washington should have
been studied at one time, and the results should have reflected one speed instead of two
separate pieces.
Mr. Gaugush answered that the segment had been studied in its entirety.
Councilman Ferguson questioned the speed limit on Country Club Drive west of Monterey
Avenue in Rancho Mirage.
Mr. Gaugush believed it was 45 miles per hour.
Mayor Benson added she believed the section in Rancho Mirage was 50 miles per hour since
she had recently traveled it.
Councilman Kelly moved to continue the matter and directed staff to provide a report on the speed
limit(s) imposed on Country Club Drive from Highway 111 to Washington Street. Motion was seconded
by Spiegel and carried by 4-0-1 vote with Councilman Crites ABSENT.
C. REQUEST FOR AWARD OF BID FOR CONSTRUCTION OF HYDROGEN GENERATION
FACILITIES AT SUNLINE TRANSIT AGENCY (Contract No. C14460) (Continued from
the meeting of June 11, 1998).
Councilman Kelly moved to, by Minute Motion, authorize the Mayor to execute an agreement with
Sunline Transit Agency whereby Sunline contracts for the construction of hydrogen generation and storage
facilities on its property in Thousand Palms, California. Motion was seconded by Ferguson and carried
by a 4-0-1 vote with Councilman Crites ABSENT.
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D. REOUEST FOR AWARD OF CONTRACT FOR DESIGNBUILD SERVICES FOR
HYDROGEN GENERATION FACILITIES PHOTOVOLTAIC POWER SYSTEM (Contract
No. C14490).
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, award Contract No. C14490 to Offline
Independent Energy Systems in the amount of $30,583.00 with a contingency of $3,100.00 and authorize
the Mayor to execute same. Motion was seconded by Ferguson and carried by a 4-0-1 vote with
Councilman Crites ABSENT.
E. REQUEST FOR CONSIDERATION OF APPEAL OF ARCHITECTURAL REVIEW
COMMISSION CONDITIONS INVOLVING REAR ELEVATION OF BUILDINGS C AND
E, DISTRIBUTION OF TRELLISES ON SECOND DECK OF PARKING STRUCTURE,
AND PARKING STRUCTURE RAILING DETAILS (Madison Marquette Realty, Appellant)
(Continued from the meeting of June 11, 1998).
The following is a verbatim transcript of this item.
Key
JMB Jean M. Benson, Mayor
RAD Ramon A. Diaz, City Manager
PD Phil Drell, Director of Community Development
JF Jim Ferguson, Councilman
RAS Robert A. Spiegel, Mayor Pro-Tempore
PH Paul Heiss, Madison Marquette Realty
RSK Richard S. Kelly, Councilman
SRG Sheila R. Gilligan, City Clerk
DJE David J. Erwin, City Attorney
JMB Next item is request for consideration of appeal of Architectural Review Commission
conditions involving rear elevations of Buildings C and E, distribution of trellises on second
deck of parking structure, and parking structure railing details, Madison Marquette Realty,
Appellant, continued from the meeting of June 11.
RAD Mr. Drell.
PD Again, the applicant has some large exhibits that they might want to put up. But I'd like to
make a few comments about the staff report and the recommendation. Basically this appeal
involves the final architectural details concerning the...and landscaping concerning the parking
structure. The applicant has submitted a packet of exhibits and a basis for his appeal relative
to what started out to be five items when the appeal was first filed back in January -February.
The first item involved the perimeter landscaping, which the applicant very quickly agreed to
comply with, and that issue has been resolved in terms of the planting of 36" box trees and
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palm trees. Second item had to do with the slope design from Shadow Mountain descending
down into the parking structure. After various consultations with soils engineers, etc., that
issue has been resolved, and the applicant will be complying fully with that condition. Third
item involved the distribution and design of the trellises on the second deck of the parking
structure. The applicant has complied with the design issue of how the trellises are designed
and how they'll be planted. The issue is now on their distribution. The Architectural
Commission, and if you look at their exhibit, one of the first ones, the first colored site plan
would be the third page which shows the now proposed distribution of the trellises. If you turn
to the third from the last page in their packet, the black and white sheet, you'll see what the
original proposal was basically for most of the two year period. Architectural Commission has
seen distributions similar to the latter exhibit, more evenly distributed throughout the lot.
Basically that was their expectation, and when they saw this final exhibit, they felt it was not
in compliance with their original understanding. Staff is in agreement with the Commission
on this particular issue that the logical distribution of the trellises for both shade and aesthetics
would typically call for a more extensive or more uniform distribution, not the concentration
of the trellises in only two areas, and more similar to the distribution that they originally
proposed. And this distribution relates also to the remaining issues, number four and five --
especially number five dealing with the redesign of the backs of the Buildings C and E-- C and
E are the backs of the shop buildings that face the parking structure and face Shadow
Mountain. The Architectural Commission wanted some sort of relief on these blank buildings.
The applicant has responded by proposing to plant palm trees, and if you see in the site plan,
you'll see those four palm trees coming up which will be in front of that blank elevation.
You'll also see a little green line at the building, which is vines which will potentially cover
that as well. The Architectural Commission, in addition to those, has requested some sort of
architectural detail on the wall itself. It is staff's feeling that if they came into compliance with
a better distribution of trellises, with the location of those trellises similar to as shown in the
original plan, backed up to that blank wall would serve the architectural relief that the
Architectural Commission is looking for along with the proposed palm trees. Additional
requirement relative to the palm trees, the Architectural Commission wanted what they call
hybrid palms, which are a cross between the Mexican fan palm and the California fan palm --
they have a beefier, they're not as fat as a California fan palms, but they grow taller so they
will have more of an impact on that blank wall. My understanding is they are more expensive,
and I believe that is the reason why the applicant is still appealing this condition. Last detail
of the Commission was originally they had wanted along the edge of the parking structure
planters with some sort of cascading plant going over the edge of what is, in essence, a four
foot high band of cement which represents the parking deck and the rail. At their last meeting,
the Architectural Commission deleted that requirement based on their satisfaction with the
perimeter landscaping as proposed but still included the requirements for some sort of metal
detailing along that four foot concrete edge. Staff believes that the enhancements that have
been achieved with the landscaping along the perimeter make that metal detailing unnecessary.
So in summary again, our main agreement with the Commission involves the location of the
trellises, and they say partial agreement with the applicant on the other issues. Lastly, I'd just
like to make just a comment on the process which the applicant discusses in detail. I believe
the record and the applicant's own chronology kind of bears this out that the Commission has
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been fairly consistent in what they've been asking for, and their concerns, if there's been a
moving target, it's been a face of the Architectural Commission trying to move the target
closer to the applicant and provide them with more targets or alternative targets so they can
have a better chance of hitting them. So I believe one can disagree with the concerns of the
Commission, but I believe they have been consistent from the beginning and have tried to
modify their conditions to try to give the applicant alternatives in terms of meeting their
concerns. And that concludes the report. If there are any questions, I'll at least answer them.
JF What is the function of the trellis?
PD Two functions-- partly shade and partly just visual relief on what is otherwise a very bare
concrete deck.
JF Okay. Then why did the Commission or the applicant go from the third page from the back
of the packet, which had lush, ample trellises throughout the entire parking structure, to a new
proposal which looks fairly barren, blank concrete, which is what I thought you just told me
to...
PD That's a question, that was the Architectural Commission's reason for their not acceptance of
that plan. That's a question you should direct to the applicant, and staff agrees that the original
proposal was far superior and fulfilled the goals of that both by providing shade and just visual
relief, and that something closer to that original plan is what we feel would be satisfactory.
JMB Any other questions?
RAS Yeah, I've got a question. As I understand it, and correct me if I'm wrong, the primary
concern of the Architectural Review Committee was the retaining wall...
PD Yes, initially.
RAS ...for the project.
PD Correct.
RAS Because without that, we could be in jeopardy, correct?
PD Their feeling was with, unless they design that slope properly and gave enough room on the
top of the stuff to plant things, it wasn't, they had no confidence that there would be success
in terms of the main screening around the perimeter.
RAS That was probably the most expensive part of any of the concerns. Is that correct?
PD I believe that's true. The applicant could confirm that.
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RAS But the applicant has agreed to the retaining wall as recommended by the Architectural Review
Committee.
PD Correct. And as also recommended by the Public Works Department.
RAS Right. Thank you.
3MB Okay. Any other questions now? The applicant.
PH Madam Mayor, Members of the Council, my name is Paul Heiss. I'm the Vice President of
Madison Marquette, and thank you, Phil, though I think we do disagree on a couple of the
points. First of all, we intentionally reorganized the distribution of the trellises on the second
level of the parking structure, and let's remember that it is a parking structure. They are
directly in line with the main retail entries to the second level. We believe it enhances the
amount of consistency and reduces confusion for one who might drive to the second level, find
their way to park there, and it's really a beacon, an icon to the entries that bring you into the
retail. I'd also like everyone to note that we have fifty percent of all of our parking fully
shaded. This is a parking deck. With the trellises, we have 621 , almost 65 % of every single
parking space shaded. I submitted earlier this week...some written remarks in these exhibits,
and I'd like to read from that if I may. Madison Marquette has a corporate mission statement
and motto which is, "Creating special places." You will see it printed in our brochures and
evidenced in our developments. We are known for the quality, vibrancy and uniqueness of the
properties we trade. The Gardens on El Paseo is one of these special places. Madison
Marquette, in partnership with the City of Palm Desert, has made a significant, over
$50 million, investment in this new concept, two -level, open air retail development. We
believe this project is of the highest order, and we invite the entire community to attend our
grand opening in November. The project provides the connective tissue for the street that
exceeds expectations. It reinforces the existing street retail tenants while creating a civic open
space and parking facility that unifies all of El Paseo. As you know, the project is anchored
by Saks Fifth Avenue; Saks was a condition of our development agreement, and we have
delivered that-- they are a state of the art facility. Additionally and with great effort, Madison
Marquette has attracted major national retailers. I won't go through that now, I think that
you've seen. To do that, we needed an additional $5 million from you to help build this
project— that's the expense of the parking deck and the expense of attracting these tenants. We
gathered this very special team, including Altoon + Porter, the preeminent retail architectural
firm, to deliver this project. The principal in charge is Ron Altoon, and he is the current
standing president of the American Institute of Architects. Landscape architecture was
conceived by Emmett Wemple and Associates, one of this country's most revered firms. The
recent design of the LA Getty Museum by the Wemple firm has met with critical acclaim.
This final plan has been executed by Wemple associate Mr. Jim MacRae, now with Design
Workshop, and is also recognized as one of the best landscape design firms working with arid
regional plantings. Our team of professionals has exercised their creative best to bring into this
project such amenities as world class art, which we brought to you two weeks ago, a unique
and environmentally sensitive landscape of gardens, individually chosen tree specimens,
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multiple fountains, and a rich and unique pavement pattern made of custom bricks. We are
creating for the City of Palm Desert something it has not had-- a civic styled retail space, a
stopping off point, a gathering place and a destination for all of E1 Paseo. Our project team
has become exceedingly frustrated with what has become an unwieldy, never ending process
with the Architectural Review Committee. We presented the retail buildings and parking area
final documents separately because they were phased according to the typical development
process. This schedule has focused the ARC's attention on the design elements for the parking
area as potentially second class, which we believe is simply not correct. We have
tremendously improved this facility with light and music systems, landscape, graphics, and
other amenities over the simple technical requirements for parking cars. I can tell you here
we spent over $900,000.00 more to improve this facility, to make it simple and clean and
lovely, over what it takes to just hold up cars. The parking area maintains the same level of
quality as the retail buildings and exceeds all expectations as a critical initial experience of the
project. Madison Marquette has reduced the height, mass, and bulk of the parking deck while
increasing its distance from the street. This allowed the surrounding landscape buffer and
perimeter plantings to dramatically increase. We believe that this type of project is not
adequately addressed within the current City of Palm Desert codes. There is no requirement
for shading of a parking structure, it just says 50% of a parking lot. Madison Marquette has
met on numerous times with the ARC since last November in a serious attempt to address their
verbal and written concerns. Technical items including the slope, retaining walls, freestanding
and perimeter edge planters, trellises, shading, light fixtures, planting, material specifications,
all come under scrutiny. Madison Marquette, as a follow up to our discussions, addressed
most of these. Suggestions for other solutions were made when the ARC comments could not
be accommodated, often because they were technically, physically, or economically
unreasonable. We initially appealed the ARC findings because of a then new requirement, this
is in December, to add built-in planters to the perimeter of the parking deck. With discussion,
ARC eventually dropped that requirement even though it is and was the technical basis for our
appeal which we filed in January. Most recently, and we've gone back six times since then,
on June 10, the ARC further added the new requirement that additional 50% of trellis shading,
or at least-50% more, be added on the upper level. This has not been a requirement of the
project and will cost an additional $150,000.00. This is in addition to the expensive
improvements we've already agreed to do on the prior meetings. We have been hurt by this
process, and we are in jeopardy of being delayed. This could result in unacceptable cost
increases and dramatic economic ramifications. We have been trying to solve the original
target, which was softening of the second level parking area, enhancement of the east, west,
and south elevations, and providing a detailed section along Shadow Mountain. To satisfy this
concern, the project has returned to ARC six times presenting numerous solutions,
modifications, alternatives, along with detailed additional exhibits. We have not only
addressed the legitimate concerns of the City Council and ARC as were expressed then, but
we feel we have made very noteworthy improvements as a result of our own internally driven
design review and quality review. We strongly believe that we have legitimately met your
concerns, and that we have achieved an excellent solution for this outstanding project.
Furthermore, we have conducted our own internal design charrettee last summer to make sure
that we were going to produce a fabulous project, and as a result of that process, we further
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invested in the desert garden, thought more about it and added more fountains, increased the
size and type of trees, reemphasized our commitment to provide shade and lushness and respite
for people who would use this project. Development and design team representatives worked
with every City department from Building & Safety, Fire, Planning, Art In Public Places, and
El Paseo Merchants Association, and I do have to say that our interaction with the City staff
has been excellent. We believe that we've had a direct and fruitful interaction, and what we're
really trying to say here today is that it's enough. The following specific changes have been
made to the project relative to the concerns that were voiced, and these changes were made at
the request of the ARC, as documented, and out of our own best judgment. There are
numerous items that I won't go into. Specifically regarding the architecture, it is important
to note that the crisp architecture, pure desert shapes designed by Altoon + Porter highlighted
by the richness of landscape and storefronts, is not enhanced by further ornamentation such as
cornices and other architectural decoration. Rather, care and execution of the form is critical.
We specified an expensive and rarely utilized smooth, hard trowel, hand finished, integrally
colored stucco on the exterior of the buildings. Because we felt strongly about making them
feel natural, welcoming, soft as suede, and beautiful to pedestrians. We have softened edges,
stepped back elevations, articulated wall surfaces, increased store frontages and glazing, added
parapets, screed mechanical systems, and walled off service areas. We purchased an important
piece of art and put it at the doorstep of our project. We have doubled the number of trees,
increased their size, modified species, upgraded landscape throughout the project, added plants
to trellises, increased the size and number of freestanding pots and plants, consulted additional
local experts on desert plantings and requirements, traveled throughout Southern California and
Arizona to hand pick the best specimen trees, shrubs, and plants. The parking structure height
was lowered, pulled away from the street, in order to soften its visual impact. This parking
structure design is more than appropriate for the upscale garden shopper-- it is spacious,
welcoming, lush, safe, fire protected (which is unusual), clean and simple to navigate, and
flooded with natural light and soothing music. Over 621 % of the parking spaces are in full
shade. Deck provides direct and easy access to all of the major tenants on both levels.
Multiple improvements were made to the project including those at the ARC meetings. The
parking structure design was presented later in sequence because of the schedule of engineering
it and seismic improvements regarding the construction schedule. Since the initial approval,
we have formally submitted documentation again to the ARC six times, each of these
presentations was intended to address and solve the original conditions of approval. Madison
Marquette provided detailed sections of the enhancements including exhibits, perspectives,
elevations, planting details, trellis details, and photographs, some of which you have in your
packets. You see the number of dates and times that we met with the ARC. Each time we
significantly again modified planting times, methods, and increased the size and quantities
throughout the project in response to the desired increased significance and success of the
Gardens' image. Additional revisions to the buildings, parking structure, and perimeter
landscaping made to the project include the following, and there are 28 items listed here.
JF Can we talk about the items you object to? Because I'm having a little loss.
RSK Yeah... (unclear)
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PH Be happy to do that. We have proposed to build this project, which has a number of the
recommended, of the six meetings, most, except for one, actually two, of their
recommendations. The ARC dropped their requirement to have a planter pocket edge on the
edge of the parking structure, so that has gone away, and only on June 10 did they come up
with the new requirement that we increase the number, to 50%, of trellises on the upper level.
JF Okay. So you object to the trellis requirement.
PH That is correct.
RSK We need to get down to what you object to, so we can...
JF What's the other thing?
PH At the moment, that is the argument as framed by where we are of the moment. We actually
appealed something that has been taken away. What we would like you to do is to approve the
project as it now is. We have continually added more trees, more plants in an effort to get the
ARC to agree to what we would like to propose.
JF Okay. Let me stop you right there if I could. Mr. Drell. Your report, how does it differ
from what they are asking us to do right now?
PD They...
RSK And leave out all the things that you've settled on, and just give us the things that are...
PD ...very simply. Again, what I said, they're wanting the distribution of trellises you see in the
colored picture, the Architectural Commission wants a distribution which they saw repeatedly
through the process, similar to the black and white distribution.
JF And does this satisfy the requirement of a minimum of 50%?
JMB No.
PD Of, again...
PH No it doesn't. It's not even relevant.
PD ...no, at least 50% increase. I believe the reason why the issue didn't come up to June 7th on
the trellises is `cause they were always operating under the impression that this was the
distribution; therefore, they didn't think it was a problem.
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— JF Okay. Back to the applicant. As a practical matter, you say that our shading ordinance only
refers to parking lots and not parking structures. As a practical matter for our residents on the
second deck of your parking structure, what difference does that make?
PH The difference it makes is that 621/2% of the visitors to our sight have shaded parking
opportunity, and so we believe that we exceed the parking requirement.
JF But you would agree that on the second deck of your parking structure you're really no
different than a parking lot-- the sun shines on both?
RSK But the total is the parking lot is the total, up and down, and automatically the whole bottom
is shaded, which is over 50%.
JF Well that doesn't help the people on the second deck, though.
RSK But the point is, probably in the summertime when you need the shade, you're probably not
going to have anybody on the second deck because there's not many people in town.
JF Yet my concern is that we're going to have this exact same issue if we get to building a parking
structure next to the mall. We have an ordinance that has not been followed with much vigor
in the past, and I feel very strongly that we need shade in sunlight parking.
RAS What percentage?
PH We have shade.
RAS What percentage do you believe.
JF Exactly what our ordinance says.
RAS Fifty percent.
JF Right.
RAS We got 50%. That's the point. You've got a parking garage, and 50% happens to be
underneath, but that's 50%.
JF I guess if I were a resident, that wouldn't satisfy me a whole lot, and I think the intent of the
ordinance was to provide people with outdoor parking...
RAS In other words, you're not going to count the bottom parking, you're only saying the top
parking, and the top parking is...in other words, it should have seventy-fiv...if it's a covered
parking lot, 75 % of it, or more, should be shaded.
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JF I'm saying that any parking lot that is exposed to the sunlight ought to have at least 50% of
shade.
JMB Do we have any more questions of the applicant? Or do you want to discuss it now?
RSK Now we know there's a difference of opinion about the trellises on top. That's one we're
dealing with. What else are we dealing with?
PD On the backs of Buildings C and E, my understanding is, although I haven't heard officially
from the applicant, that we have a difference between the variety of palm tree of those four
palms.
PH That's not a problem.
PD Oh, so you were...okay that's not a problem. All right. Then the other item is the
Architectural Commission wanted the addition of some sort of metal grillwork on the back of
CandE.
JF Do you still want that metal work?
PH No, and I think...
PD No, no, the Architectural Commission does. Applicant doesn't.
PH The issue has to be addressed in total. We have spent half a million dollars more in doubling
the width of the perimeter landscape, doubling the number of trees and increasing their size,
we don't think you can see it. And...
JF But you have the staff agreeing with you, at least for the time being.
PD No. The Architectural Commission's issue on the appearance of that back is not relative to
people standing on the street, it's people's experience in the parking lot looking at the back of
the building.
JF Right.
PH And from the experience of the architecture of that piece of the project is the same as the rest
of the project. It is not any less. It has a very smooth, hand rubbed, hard trowel finish; it has
color scupper buttons and additional detail, but it's a crisp architecture. And it's too bad that
we can't have this meeting right there, because it's the entire design of the entire project. Now
to enhance that, we think that the idea of having these fabulous palm trees coming up from the
lower level, past the parking, and casting shadows, and seeing the heads of the palm trees, now
you're up 15 feet in the air. We think that that would be a fabulous looking experience.
We've aligned the trellises...
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JF Okay, so...back to Councilman Kelly's question-- the only difference between what you're
recommending in your report and what they want is distribution of trellises on the second deck
of the parking lot?
PH Ah...yes.
JF That's...
RSK Gosh-- that was hard to get to, wasn't it?
JMB Any?...I have a comment if nobody else does. I guess my comment is that certainly I don't
disagree with the Architectural Committee, and all they've done is follow the example of what
we want in the City. But if there's a reason for the lesser trellises that they feel is artistically
satisfying, I would suggest we let them do their way and put up a letter of credit for the
difference in the money, and if it isn't satisfactory at the end, that they go ahead and do it the
way it's supposed to be.
JF I thought Architectural Review's recommendation was 50%.
JMB That's 50% more than what they saw, but that's still not what it was originally.
RAS Architectural Review is looking at the black and white drawing that's the third page in, and
they're saying, "Well, now you've come up with the final thing, and you're not showing as
many trellises." It wasn't a matter of 50% or not 50%, as I understand it.
PD That number came out at this last meeting when they were kind of taken aback by this colored
site plan that you see. Up to that point, it hadn't been an issue.
JF And, Madam Mayor, you're suggesting that they be required to do what they said they were
going to do, and...
JMB No, I said if we take what they've proposed here in their new elevation, which I understand
is about $10,000.00 worth of, versus $100,000.00, and then put up a letter of credit for that
other $90,000.00 if it doesn't look right when they get through, that they have to go ahead and
finish it the way originally was designed. Because we've done this; we've granted exceptions --
in Toys R Us parking lot, and those, and then we had to go back and take them to court to sue
them to get them to do it right. So, rather than go through all that hassle, if this looks terrible
when it gets done, we have the money to have them go ahead and do it.
JF But I thought I heard the applicant say...I'm sorry...
PH Madam Mayor, we're spending $100,000.00+ already, it's not 10.
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RSK Comment. I don't see this as the same situation as Toys R Us because I think you have to take
the entire parking structure as that's the parking lot, and automatically, because you have a
covered bottom section covered, you've got 50% shaded. And I say when you really need the
shade, that's where everybody can, there's enough room for everybody to park there that time
of year. -
JMB Well, but the rest of the time of year, it's awful hot when the sun is out in your car, whether
it's summertime or not.
RAS Ah...
JF Well, and everybody's going to park in the first deck because it's shaded, and the poor soul
who is one plus the capacity for the first deck is going to go to the second deck and won't have
an ounce of shade. And I just think that's silly.
JMB I don't think we can look at the second half on the same...
JF On a multimillion dollar building of the quality that you're doing, to chintz on shade on the
second structure I find somewhat surprising.
RSK Of course then the other thing that bothers me is the parking lot that we own has practically
zero shade.
JF What about the parking structure we're talking about building for the mall?
RAS We don't have any idea what that looks like at this point.
JF Well you can bet they're not going to want to put shade on the second deck now.
RSK The President's Plaza is our parking structure, our parking area, and I never found any shade
with either President's Plaza.
JF Well, I guess...
RSK But I just think 50% shade is, I think, it's a big requirement, and it looks to me like they have
50% shade. And as far as the mall's concerned, when we do that, I'm going to feel the same
way.
RAS Could I comment?
JMB Yes.
RAS We're looking at one of the premier projects in the City of Palm Desert. One that, I hope you
will agree with me, we'll all feel very proud of. An addition that is the keystone for El Paseo.
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You take a look at the entrance to the Gardens of El Paseo, they're magnificent! The art that's
going to be there and the stores that are going to be there-- Saks Fifth Avenue store will, in
50,000 square feet, cost more to build than the May Company store in 130,000 square feet cost
to build. It's going to be that kind of a development. This parking structure is what it is-- it's
a parking structure-- that's where you go to park your car. If we say you have to have 50%
shaded parking, by golly, this has 50% shaded parking. And I really, at this point there were
a couple of major concerns that the ACR had, .but the primary one was a retaining wall, and
that one's been satisfied by the developer. In my humble opinion, I think it's a great project,
and we're Mickey Mousing about a trellis here or there when the parking is taken care of.
JMB Well I don't think it's just the parking, it's also the visual impact of that blank...
JF Right.
JMB ...upstairs up there, and most everybody that enters that project is going to enter in the parking
lot-- either upper or lower level, and they're going to see that.
RAS But it's still a parking lot. If you take a look at our other parking lots in town, now you could
say, well because this is such an elegant development, we should have an elegant parking lot,
but it is a parking lot.
PH And it's elegant.
JMB (unclear)
JF Well I think Palm Desert has always taken the lead in making things better for our residents.
I think the major draw of your center is going to be its shaded parking. I think all of El Paseo
will benefit from it, and I don't think it's Mickey Mousing at all, absent any compelling
evidence which I haven't heard to go against our own Architectural Review Commission and
relieve them of an obligation, I just don't see the impetus to do that.
JMB The only way I would, as I say, if they do it and it looks bad, then we have the money to go
ahead and do it right.
RSK I don't think that it's going to look bad, personally.
JMB Well then it stays the way it is, then they have nothing to lose.
JF Why don't we take Mayor Benson's approach? Let them build it, get the letter of credit, and
then if we like it, we'll refund their money.
JMB That would be my suggestion. They have nothing to lose by it. They get what they want, and
if it looks good, then they get their money back. If it doesn't look good, and there's
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complaints like we've had on other ones that have done that, then we don't have to fight with
them to get it redone.
RSK See we have contributed Redevelopment, $5 million for parking structure?
JMB Right.
JF Five million of our own money?
JMB Right.
RSK Of Redevelopment...
JMB Of Redevelopment.
JF Well it's our money.
RSK Yeah, our money...
RAS What's the (unclear)...
JF And we can't get shade on the second deck?
(Unclear)
RSK I'm just thinking maybe we ought to share the responsibility for the extra shade that we want.
That we'd both put up a letter.
JF Fifty-fifty?
RSK Fifty-fifty. If we didn't like it when it got done, and we'd go fifty-fifty on fixing it.
RAS I'll go along with that.
JMB Okay.
RAS Is that a motion?
RSK It's a motion.
RAS Second.
JMB Please vote.
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SRG Motion carries by unanimous vote.
DJE Do I understand the motion to conclude and approve everything the memo says that exists?
JMB As they've negotiated.
PD As recommended by staff.
JMB As, yeah.
PD As described by staff.
RAS The trellis.
JF Right.
RSK Yeah, that's my motion.
PD Meaning the, in reference to the metal work, deletion of the metal work and deletion of the
metal railing on the structure...
JF Right.
JMB Okay.
For purposes of clarification, Councilman Kelly moved to, by Minute Motion, approve the
recommendation of staff with deletion of the metal work and deletion of the metal railing on the parking
structure and accept the trellis treatment Appellant has shown on its final site plan with the condition that
Appellant put up a letter of credit for one-half the cost of additional trellises (as shown in its original
parking structure site plan), and once the structure is complete with trellis installation, trellises will be
subject to City review for appropriateness; if it is determined additional trellises are necessary, the City
will put up the other half of the cost for additional trellis installation. Motion was seconded by Spiegel
and carried by a 4-0-1 vote with Councilman Crites ABSENT.
F. REOUEST FOR APPROVAL OF AIPP AND CIVIC ARTS RECOMMENDATION FOR
TUCSON HOMES TO COMMISSION ARTIST LESTER WIESE (Continued from the
meeting of June 11, 1998).
Mr. Nagus stated he had returned with clearer information including a maquette created by the
artist.
Mr. Wiese provided a more detailed description of the artwork. He noted there were seven
homesites along the wall which would be affected from the back side of the artwork. He said
the architecture of the homes was nice from the front with the rear being more plain, which
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was the side visible to Washington Street. He said hopefully each individual owner would
enhance the rear of their property with landscaping. He said the key to the piece was that the
bougainvillea would grow to cover the majority of the wall's top line.
Mayor Benson questioned whether the seven homeowners affected were aware this would be
in their backyard.
Mr. Wiese stated he was unsure whether they had all been sold.
Mayor Benson suggested that the artwork project be recorded against the subject lots.
Mr. Nagus stated that the complete scope of work was yet to be finalized with the developer.
He said what was being requested was approval of the concept of the sculpture.
Councilman Kelly moved to, by Minute Motion, approve the AIPP and Civic Arts recommendation
for Lance Alacano of Tucson Homes to commission artist Lester Wiese to design an entryway artwork
which incorporates the perimeter wall and entry gate with the condition that the artwork's encroachment
on the seven lots it borders be recorded against their titles. Motion was seconded by Spiegel and carried
by a 4-0-1 vote with Councilman Crites ABSENT.
G. CONSIDERATION OF COMMENTS BY PLANNING COMMISSION OF THE REFERRAL
OF THE CHANGE OF ZONE REQUEST FOR WALGREENS FROM THE COUNCIL
MEETING OF MAY 28, 1998 (Continued from the meeting of June 11, 1998).
The following is a verbatim transcript of this item.
Key:
JMB Jean M. Benson, Mayor
RAD Ramon A. Diaz, City Manager
DJE David J. Erwin, City Attorney
JF Jim Ferguson, Councilman
PD Phil Drell, Director of Community Development
RSK Richard S. Kelly, Councilman
RAS Robert A. Spiegel, Mayor Pro-Tempore
SRG Sheila R. Gilligan, City Clerk
GL Gary Lyons, Developer of Walgreens Project
JMB The next item is consideration of comments by Planning Commission of the referral of the
change of zone from Walgreens from the Council Meeting of May 28, 1998, continued from
June 1 lth. City Attorney or who?
RAD Madam Mayor, Members of the Council, I will attempt to get us from point A to point B on
this. The result of the previous actions and motions on this particular project are that there has
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not been a decision made on the project. The motion was to approve the project, it failed, and
there was no subsequent motion.
JMB There was a motion...
RAD So that Council can, after getting the comments here, direct staff to prepare a resolution for
adoption denying the project, prepare a resolution for Council to approve the project, or
anywhere in between the two, obviously. And I would apologize for the confusion on this, as
I've indicated before, this is the first time I've had a situation where a zone change was
approved by the Planning Commission and then came back and did not receive approval by the
Council. Usually it's maybe the other way around in appeal. But the City Attorney can clarify
if I'm making the wrong...
JMB Well it was my understanding at the meeting that we did deny the project.
RAD No.
DJE The motion...
JMB And then it said, then we thought it was denied, and the next thing we know it's back on the
Agenda that we have to send it to the Planning Commission again, so that's what we did. And
then they came back and just reaffirmed their approval of it. So I don't know how you can say
it wasn't.
JF Well here's the intellectual trouble I have. Our ordinance said we can only send something
back to the Planning Commission if we change or modify it. If we didn't take any action on
it, how did we change or modify it?
DJE It, certainly the failure of the motion to approve it would at least be an indication that your
intent was to deny it.
JF Then why isn't that indication sufficient to trigger the rule that would apply...
DJE Because it says...
JF I suspect if you had had a resolution that night, it very well would have been passed denying
it.
DJE I think that's probably correct.
JF Normally when CUP's fail, for lack of an affirmative vote, what do we do?
PD We direct the staff to prepare a resolution of denial where we describe the findings required
for denial for vote on at the next meeting.
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JF And if that had happened in this case, my strong hunch is at our last meeting it would have
been denied. So why wasn't a resolution of denial prepared?
PD There was never that direction, in my understanding, to the staff. Again, I wasn't at that
meeting. But as you recall as a Planning Commissioner, whenever a motion for an affirmative
action on a case failed, it would then be a subsequent motion for denial which would, may or
may not receive three votes. Remember, every action could have four alternatives: 1) You can
approve; 2) you can deny; 3) you could continue; 4) you can request modification. At
Planning Commission, as you recall, we always have the Planning Commission describe to us,
direct us to provide a resolution of denial giving us their specific reasons for the denial to
include in the resolution.
JF Well, I think everybody in the world thought we had denied this, including us. And my
concern, as I said at the last meeting, is about the integrity of the process. And now Buford's
gone for two meetings, and that was the, I voted for it, as some of the people in the audience
might remember. But I'm sure not real fond about giving the applicant a second bite at the
apple, when for all intents and purposes, I think we all understood it to be a denial.
(Unclear)
RAD Madam Mayor, Members of the Council...
RSK I guess my concern would be, and I voted against it because of...I didn't like the architecture
in the box, and I had a problem with the traffic. But if in this process those problems have
been corrected, then I probably wouldn't vote against it. So, you know, I'm thinking back of
that meeting, and probably the proper motion would have been made it was to, well, what are
the concerns? Well, that it be continued with an opportunity for the developer to deal with
those concerns. So I would be...the developer did meet with me and showed me the changes
that he's made, and I was impressed with the changes in architecture, very much so. I still
have a problem with the, there's still a traffic problem, but while somebody that voted yes
could convince me that that's not a traffic problem, and I would probably be willing to
reconsider my position.
JMB Well I can speak to the traffic problem in the sense that the circulation of coming out of that
center is horrendous, coming out into that alley and trying to get onto Monterey, because I
bank at First Bank, and I waited there five minutes myself with one car in line, trying to get
out of that alley onto Monterey the other day. And coming out from that, coming out from
the drug store onto Monterey into that alley, the cars will be backed up to kingdom come.
RSK If we approve this, you could cut through Walgreens.
JMB It's just a bad comer for that, and I think that confusion is a fact that as Jim says, we thought
it was denied and was going from there, and then this obscure ordinance that we never used,
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somebody surfaced it, and it came back and now that's all the confusion we have as to what
we did do but we didn't do. And we could do this with every hearing we have.
RAS Comment. It's unfortunate that the developer did not ask that the item be continued. He
hasn't developed that many things, I don't think, and if he had, he could have seen the way
things were going that night. And generally speaking, this Council is very generous when it
involves continuing an item. And I would like to think that this Council would be fair enough
to bring this back for that reason alone, and because it now has to come back to us based on
our current laws and profiles, etc., I would like to see us take another look at it.
RSK I guess I have some of the same concerns, even though I voted no, I was very surprised that
it came to a vote and the developer didn't jump up and say, "May I have this continued to
attempt to solve your problems?" And I think Dr. Lyons may not be as experienced at that as
some developers, but I think most developers, when they saw the problem, would have asked
for continuance to try to solve that. So I don't think that we should, in trying to be fair with
everybody, and you know, we talk about what we look at, what we normally do, but then what
normally happens on the other side of the Chambers here was probably a very large mistake
in quick thinking.
RAS Well my past experience with the Council in the last three years has been that we bend over
backwards to give everybody a fair and equal chance.
JF Let me try a difference approach. We did turn down the change of zone, in my mind, whether
you play semantics and say we didn't get three votes for approval, it was denied. The
ordinance said that if we changed or modified a Planning Commission decision, it must go
back to the Planning Commission. It was sent back to the Planning Commission so, obviously,
staff thought we had denied it as well. The ordinance also says the report from the Planning
Commission will come back to us for reconsideration, and I don't think we've ever
reconsidered that report. So I'm willing to take another look at it...
JMB Well the question was whether we can reconsider it again before a year was up.
JF Right.
DJE Technically it's not a reconsideration based upon the ordinance that we're all talking about; it
basically says your decision shall not be taken until you've received the report.
JF Right.
DJE So basically you're clear, I think the intent was clear in everybody's mind that the Council
intended to deny it the first time the hearing came up...
JF And I think the purpose of the ordinance was to allow the Council time to reconsider their
action on it. Because I was trying to make sense of the ordinance as well. If you get turned
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down by the Planning Commission, you can appeal to the City Council. If you get approval
by the Planning Commission and get turned down by the City Council, you have no appeal.
So maybe it was, the purpose was to give the Council a chance to give it a second thought.
Apparently Councilman Kelly has done that and may or may not change how he voted on it.
And I don't like how. it came up, but I'm satisfied that any screw -ups were our fault, not the
applicant's. I don't think he's trying to manipulate the system, and I certainly, Dr. Lyons,
hope you know that we're not trying to do you any special favors. But if Councilman Kelly
has a different take on it now, then I'm willing to listen to it. I guess I'm under impressed
about how we got here. Hope it doesn't happen again.
JMB I just think it was a fiasco, the whole way around, and to me, it was plainly denied. You
know, to play semantics and figure out how he's going to get it back up here if someone wants
to change their mind in voting, I don't think that's right. I just think that there isn't anything
different in that it's still an undesirable building on that corner, the traffic is horrendous, and
I don't think it's the best use of it. And the neighborhood, we've gone through that before;
the people that are signing live in the neighborhood-- sure they'd like to walk to the drug store.
But it isn't the people that live in there that use it to cut through, it's going to be everybody
else, and certainly Walgreens isn't going to depend upon 22 residents for their livelihood there,
they're going to depend on the whole Valley coming, and it's easier to come off of San Pablo
right down that street than it is to go through the Iight. They're not going to want to do that,
and they don't want to hit the light at Monterey, they don't want to hit the light at San
Gorgonio, turn the corner and go in there-- it's just a nightmare.
JF Our Agenda says there's going to be an oral report and recommendation. What's the
recommendation?
RSK We got the oral report.
RAD I will answer that question first, because I , learn hard but I learn good. Basically, the
recommendation is for, would be for Council to see the redesign of the structure, as it has been
done by the applicant to answer some of the issues that came up. And we continue to
recommend that the recommendation of the Planning Commission be affirmed and the Council
approve the project.
RAS Comment.
JMB Council what?
RAD That the Council approve the project. That is our recommendation, and as you reevaluate...
RAS (unclear)... back with the original recommendation...
RAD Right.
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RAS ...when it came to us. And I also...
RAD Maybe we should continue.
RAS ...would comment that this project was unanimously approved by the Economic Development
Committee, as was it unanimously approved by the Palm Desert Chamber of Commerce
Executive Committee.
JF Well I don't have the CUP in my packet, the conditions of approval, I have none of the plans
that we had the first time around, so I would at least like, if we're going to take action on it,
do it at our July 1 lth meeting. And sit down and go back through the conditions, and go back
through the traffic, and I just sort of let the whole thing die because I thought the project
was...
RSK I would suggest that if we are going to make the decision to reconsider, I guess that's the way
you put it, reconsider the...
DJE It's basically a...
RSK ...Planning Commission sent it back to us again...
DJE It is a, it is not a reconsideration of that report, it is a consideration of the Planning
Commission report, at least as the term is used in the...
RSK If we're going to consider the Planning Commission's report, then I agree with Councilman
Ferguson that we should continue it, and also, the developer did meet with me and show me
a new architectural plan, which I think is excellent. I'm surprised the Architectural Review
Commission didn't do something like that with it. But I still have a big concern with the traffic
problems. So between now and the time we did consider the Planning Commission's report,
I would like for the staff to work with Dr. Lyons and see if there isn't some way to solve that
traffic problem. So on that basis, I would move that we continue this item to the next meeting.
RAS Can we have it by July?
JMB Could I ask that you make it August? I think everybody that voted, if we're going to change
the rules on how we're doing things, I think everybody that voted on it should be here, and I...
JF Let's go to August.
RSK I'll make that motion that we continue...
JF I agree.
RSK ...to August, first, it's that second meeting in August.
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SRG It would be August 27th.
RSK And that staff be directed to work on that traffic situation. Now I said that I'd be satisfied if
they closed the entry on San Gorgonio, and I understand staff, or I saw a report...
JF You said that?
RSK I said that.
JMB How else would they...?
JF You'd be in favor of closing San Gorgonio?
RSK No, closing the out, the entry drive on San Gorgonio.
JF Oh, the ingress there. I've got you.
RSK And staff, I understand, doesn't like that at all and thinks that that's completely unworkable.
So try to find a way to solve that traffic problem and still keep it out of the neighborhood.
JF Yeah, make sure they don't come back under the Palma Village Plan and demand that we close
San Gorgonio.
RSK And remember that we have a street closing problem here tonight still that's still continued,
and so those neighbors may agree today, but five years from now I may not be here, but we'll
be going through the same thing we went through over in...
JF Fairhaven.
RSK Fairhaven.
RAS Is that a motion?
RSK Yes.
RAS I'll second.
SRG Motion carries by unanimous vote.
RAD Madam Mayor, also we are, obviously, changing the process. Staff isn't tickled with what
happened, and so the process is being changed and clarified so this will not happen again.
JMB We're getting rid of that other ordinance that we had.
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RAD Yes, because...
RAS It's not going to come back to us anymore.
RAD I mean it worked for 25 years, so (unclear).
JF And can we get an understanding that when something fails for lack of an affirmative vote, that
staff is automatically directed to prepare resolutions of denial and bring it back at the next
meeting?
RSK I don't think it should be automatic. I think you should make a motion.
RAD Exactly.
JMB It should be in the recommendation, though, of what you need to do to, the same as on public
hearing what we need to do if we're going to deny it, then we need, so it's a reminder every
time.
RAD Right. If you deny...
JF I just don't want it to slip through the cracks.
JMB No, but if they put it in theirs...
RAS Madam Mayor...
RAD Yeah, we'll have it.
RAS ...the developer would like to address us. Do,you have any objection.
JMB The what?
RAS The developer. For a question, right.
JMB Well we've continued you to August 26.
(Unclear)
RAS He wants to ask a question. Sir.
JMB All right.
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GL Gary Lyons, the owner of the property under concern. Just so I understand tonight-- I wasn't
quite clear what the motion is, so when I leave that I have a clear understanding of the motion
that just passed. And it is continued to August 26th?
JMB Right. -
SRG Twenty-seventh.
GL Okay. There's no opportunity to getting it on before August 27th?
JMB We only have one meeting in July, and our other Councilman will not be back until then. So
it would have to be August 26th.
GL It poses a severe hardship, but I will be here. But could I have the motion read to me so I
understand what it is.
JMB The motion was to continue it to August 26th and direct staff to work with you to see if the
traffic and the building design can be improved and bring it back then to see for Council
reconsideration.
GL Thank you very much. I appreciate it.
For purposes of clarification, Councilman Kelly moved to continue the matter to the meeting of
August 27, 1998, with staff directed to work with the applicant to resolve issues of traffic and architectural
design concerns for report to be presented at the meeting of August 27, 1998. Motion was seconded by
Spiegel and carried by a 4-0-1 vote with Councilman Crites ABSENT.
H. REQUEST FOR APPROVAL OF EQUIPMENT LEASE -PURCHASES FOR MOUNTAIN
VIEW COURSE AT DESERT WILLOW (Continued from the meeting of June 11, 1998).
Councilman Ferguson moved to, by Minute Motion, approve the lease -purchase of equipment for
the Mountain View Course at Desert Willow Golf Resort. Motion was seconded by Spiegel and carried
by a 4-0-1 vote with Councilman Crites ABSENT.
With Council concurrence, Mayor Benson suspended the Agenda at this point in order for Mayor
Pro-Tempore Spiegel to introduce to the Council his grandchildren, Miss Elizabeth Spiegel of
Glendale, Missouri, Master Noah Spiegel from Webster Groves, Missouri, and Master
Adam Shackieton of Austin, Texas, who were visiting his home. Council provided them a warm
welcome to Palm Desert.
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IX. OLD BUSINESS
A. REOUEST FOR AWARD OF CONTRACT FOR THE 1998 RESURFACING PROGRAM
(Contract No. C13210, Project No. 752-98).
Councilman Kelly moved to, by Minute Motion: 1) Award Contract No. C13210 to Granite
Construction, Indio, California, in the amount of $776,427.00 for the 1998 resurfacing program and
authorize a ten percent (10%) contingency in the amount of $77,642.70; 2) authorize the Mayor to enter
into an agreement with Granite Construction. Motion was seconded by Spiegel and carried by a 3-0-1-1
vote with Councilman Crites ABSENT and Councilman Ferguson ABSTAINING due to his representation
of the contractor.
B. REOUEST FOR AWARD OF CONTRACT FOR THE CURB, GUTTER, AND CROSS
GUTTER REPAIR PROGRAM (Contract No. C14540, Project No. 753-98).
Councilman Kelly moved to, by Minute Motion: 1) Award Contract No. C14540 to J.D.C., Inc.,
of Rancho Cucamonga, California, in the amount of $250,583.50 for the curb, gutter, and cross gutter
repair program (Project No. 753-98) and authorize a ten percent (10%) contingency in the amount of
$25,058.35; 2) authorize the Mayor to enter into an agreement with J.D.C., Inc. Motion was seconded
by Ferguson and carried by a 4-0-1 vote with Councilman Crites ABSENT.
C. REOUEST FOR AWARD OF CONTRACT FOR PEDESTRIAN SAFETY
IMPROVEMENTS AT FRED WARING DRIVE AND SAN PASCUAL AVENUE (Contract
No. C13050, Project No. 632-98).
Mayor Pro-Tempore Spiegel moved to, by Minute Motion: 1) Award Contract No. C13050 to
Computer Service Company, Anaheim, California, for the construction of pedestrian safety improvements
at Fred Waring Drive and San Pascual Avenue and authorize the Mayor to execute the agreement;
2) appropriate construction funding in the amount of $88,957.00 plus a ten percent (10%) contingency
in the amount of $8,895.70 from the Unallocated Street Fund for Account No. 410-4384-433-4001.
Motion was seconded by Kelly and carried by a 4-0-1 vote with Councilman Crites ABSENT.
D. REOUEST FOR AWARD OF CONTRACT FOR THE LANDSCAPING ON HIGHWAY 111
IN THE VICINITY OF SAGE LANE (Contract No. C12589, Project No. 602-97).
Councilman Kelly moved to, by Minute Motion: 1) Award Contract No. C12580 to Pink, Inc.,
Palm Desert, California, for the landscaping of the Highway 111 medians in the vicinity of Sage Lane and
authorize the Mayor to execute the agreement; 2) appropriate construction funding in the amount of
$47,877.50 plus a ten percent (10%) contingency in the amount of $4,787.75 from Account
No. 400-4390-433-4001. Motion was seconded by Spiegel and carried by a 4-0-1 vote with
Councilman Crites ABSENT.
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X. REPORTS AND REMARKS
A. CITY MANAGER
Mr. Diaz stated he had four items of an informational nature to report.
1) Martini Court
Mr. Diaz reported that the Mayor and Council received a letter from the residents
of Martini Court with regard to request for extra police presence to monitor traffic
in their neighborhood during the July 4th celebration to be held in Civic Center
Park. He stated that staff was working with the Police Department and Public
Works staff to implement a solution and would notify the residents of the area, as
well as Council and the Community Affairs Specialist, of the measures to be utilized.
2) Government Finance Officers Association Awards
Mr. Diaz stated that the Finance Department was notified of its receipt of awards for
the City's reporting and budgeting process. He said a plaque would be formally
presented at the meeting in July.
3) Fire Access Road for The Canyons at Bighorn.
Mr. Diaz stated this is a graded road which two members of the Council visited. He
said this roadway does not connect any homes and is not necessary for any homes;
it is necessary for fire access. However, he said the fire department was willing to
remove the condition for retaining the road if they received a letter in support of
such action. He said the Council may note the similarity of the situation to that of
The Crest project. He said it was being evaluated; however, because of the timing,
he would not recommend taking the action at this time. He said staff would evaluate
the situation further and also discuss it with Mr. Cardinalli.
Councilman Ferguson asked why this action was not recommended.
Mr. Diaz stated that he wanted to consult with the fire department again; he said the
City would not want non -fire experts making this decision.
Councilman Ferguson stated he differed with this recommendation. He said he had
personally spoken with the fire department, and that official stated he did not have
a good reason for not doing it the way that the City was doing it other than it was
what their manuals said.
Mr. Diaz asked who Councilman Ferguson had spoken with.
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Councilman Ferguson said he had spoken with Fire Marshal McConnell. He said
that the Fire Marshal told him he could not publicly support the action, since this
was what their rules said, but he could not come up with a logical reason why the
City had to scar up all of its hillside for a fire access road that was unnecessary and
would never be used. He further reported that the Fire Marshal told him if he got
a request from the City which asked him not to do this, he would not do it.
Mr. Diaz stated he would speak with the Fire Marshal to further discuss the issue,
and if this was the case, he would write a letter asking him the exact same question
he asked him on the telephone, to which he was given a different response.
Councilman Ferguson asked that the Fire Marshal be reminded of his earlier
conversation with himself with regard to the matter.
Mayor Pro-Tempore Spiegel said he would also like to have this information in
writing prior to any vote being taken regarding the matter.
Mayor Benson asked if this would be possible for July 9.
Mr. Diaz said he would recommend, if this was indeed the recommendation from
Fire Marshal McConnell, that the City go ahead and eliminate the condition. He
said the grading equipment was already on site. He added that perhaps there was
misunderstanding in the way the question was presented to Mr. McConnell. He said
if he needed to bring the issue back to Council for determination, he would do so.
B. CITY ATTORNEY
Mr. Erwin introduced to the Council Ms. Kristin Walker, a summer associate in their offices,
who was between her second and third years at Loyola Law School.
Mr. Erwin requested a Closed Session at an appropriate time for those items listed on the
Agenda. He also asked that Council add the following item to Closed Session by unanimous
vote.
Conference with Real Property Negotiator pursuant to Section 54956.8:
1) Property: Lease Property - Parkview Professional Office Buildings,
73-710-720 Fred Waring Drive, Palm Desert, CA 92260
Negotiating Parties:
Agency: City of Palm Desert/Paul S. Gibson, Director of Finance
Property Owner: City of Palm Desert
Other Parties: California State University - San Bernardino
Under Negotiation: _x_ Price Terms of Payment
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Mayor Pro-Tempore Spiegel moved to add the aforementioned item to Closed Session consideration.
Motion was seconded by Ferguson and carried by a 4-0-1 vote with Councilman Crites ABSENT.
1) Report and Action on Items from Closed Session Made at This Meeting.
2) Request for Closed Session
Conference with Legal Counsel regarding existing litigation pursuant to Government Code
Section 54956.9(a):
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. Western Waste, Riverside County Superior Court, Case
No. 090744
d) Silver Spur Homeowners' Association v. Palm Desert, Riverside County Superior
Court, Case No. 80790
Significant exposure to litigation pursuant to Government Code Section 54956.9(b):
Number of potential cases: 2
NOTE: THE FOLLOWING ITEM WAS POSTED ON AN AGENDA ADDENDUM POSTED
72 HOURS PRIOR TO THIS MEETING.
Public Employment pursuant to Government Code Section 54957:
Titles of Positions:
C. CITY CLERK
None
City Manager
City Clerk
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 1998
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D. MAYOR AND MEMBERS OF THE CITY COUNCIL
NOTE: THE FOLLOWING ITEM WAS POSTED ON AN AGENDA ADDENDUM POSTED
72 HOURS PRIOR TO THIS MEETING.
City Council Requests for Action:
1. Consideration of Shade Structures for Civic Center Parking Lot
(Mayor Pro-Tempore Robert Spiegel).
Mayor Pro-Tempore Spiegel noted that Palm Desert was one of the few cities in
the Coachella Valley without covered parking for the employees and visitors. He
stated Rancho Mirage, La Quinta, Palm Springs, and Indian Wells all had covered
parking while the City's parking lot had trees with dirty birds. He said that since
staff was here every day while it is 120°, he felt it would be a nice idea to have
covered parking. He suggested that consideration for covering three of the
parking lot aisles be given-- the one where Council parking begins, the one to the
right where visitors park, and the second one to the right where the City vehicles
are parked. He said this would not give 50% shade but would provide partial
coverage.
Mayor Benson stated the issue had been addressed several times previously.
Councilman Kelly asked whether the Sheriffs parking lot would also be covered.
He said the parking lot was a large area which almost became a part of the park.
He said he too liked to park in shade, and while he did not feel money was the
issue, he felt it would be a detriment to the whole complex.
Councilman Ferguson suggested that the City comply with its own ordinance by
planting sufficient trees in the parking lot. He said these would provide shade
and aesthetic appeal.
Mayor Pro-Tempore Spiegel said he would like to see a cost estimate for the
project as well as paying someone to provide a drawing of the proposed project.
He felt the parking structures in Indian Wells and La Quinta were not obnoxious
looking and felt one for the City would not have to be a deterrent to the
appearance of the Civic Center Park. He felt the employees of the City of Palm
Desert deserved covered parking.
Mayor Benson said she would like to see the cost for the structures.
Councilman Kelly noted that the way the lot was configured made it difficult to
design shade.
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With Council concurrence, staff was directed to prepare a cost report and rendering for the two
alternatives of shade structures and deciduous trees for the area of the parking lot as specified by
Mayor Pro-Tempore Spiegel which would provide 50% shade.
o City Council Committee Reports:
1. Recognition of Chamber of Commerce Past President Leon Bennett
(Mayor Pro-Tempore Robert A. Spiegel)
Mayor Pro-Tempore Spiegel stated that Leon Bennett was no longer the
president of the Chamber of Commerce, Bill Brunskill had been installed in his
place. He went on to commend Mr. Bennett for the fine job he had done for
the City of Pahn Desert and its business community, for his active participation
in City Council meetings including his advice and good will to the City, for
which he felt Mr. Bennett deserved a well earned round of applause.
Councilman Kelly added that Mr. Bennett also worked very hard during "Make
A Difference Day".
2. Palm Desert High School Golf Team (Mayor Jean M. Benson)
Mayor Benson presented to Councilman Kelly and the rest of the Council a
plaque from the Palm Desert High School Golf Team showing their sincere
appreciation for the support from the City during their very successful season
just ended. She said the plaque was presented at a dinner in honor of the City's
support held Monday, June 22, that Councilman Kelly was unable to attend.
She felt perhaps Councilman Kelly would like to hang the plaque in his office.
She went on to say that several team members were recipients of scholarships
for their academic and golfing ability.
Councilman Kelly stated the Palm Desert High School Golf Team won both the
CIF Championship and the Southern California Golf Association Championship
this season-- he noted these were top honors for a high school team. He said
he would like to hang the plaque in the Council Office Conference Room.
With Council concurrence, Mayor Benson adjourned the meeting to dinner and Closed Session at
6:11 p.m. She reconvened the meeting at 7:05 p.m.
XI: COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
None
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 1998
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— XII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION OF PROCLAMATION HONORING MAYOR JEAN BENSON FOR HER
YEARS OF SERVICE TO THE LOCAL AGENCY FORMATION COMMISSION (LAFCO)
BY CITY- OF RANCHO MIRAGE MAYOR CHRISTINE MURPHY AND
JACK MCFADDEN ON BEHALF OF LAFCO.
Rancho Mirage Mayor Christine Murphy and Mr. Robert Hird presented a Resolution of
Appreciation to Mayor Benson for her many years of devoted service to the Local Agency
Formation Commission.
Mayor Benson expressed her deep gratitude for this recognition. She then introduced some
longtime friends who had come for the presentation, Ms. Doris Folton and Mr. Henry
Terhaden.
B. APPOINTMENT OF TWO REPRESENTATIVES (ONE EACH FROM LAS SERENAS
APARTMENTS AND ONE QUAIL PLACE) TO THE HOUSING COMMISSION (Continued
from the meetings of March 26, April 9, April 23, May 14, and June 11, 1998).
Mrs. Gilligan stated that staff was requesting one more continuance to August 27, 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.
C. CONSIDERATIQN OF APPOINTMENTS TO VARIOUS CITY COMMITTEES AND
COMMISSIONS.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, appoint Tim Bartlett to the Art -In -Public -
Places Subcommittee, Phill Babcock to the Parks & Recreation Commission, John Lavender to the
Promotion Committee, George Kermode to the Promotion Committee, and direct staff to create an Ex-
Officio Position on the Parks & Recreation Commission for the Senior Center, said position to be filled
by the Center's Director, Mary Kucala. Motion was seconded by Ferguson and carried by a 4-0-1 vote
with Councilman Crites ABSENT.
XIII. PUBLIC HEARINGS
A. CONSIDERATION OF ADOPTION OF CITY MANAGER/REDEVELOPMENT AGENCY
EXECUTIVE DIRECTOR PROPOSED FINANCIAL PLAN FOR FISCAL YEAR 1998/99
(JOINT PUBLIC HEARING WITH THE PALM DESERT REDEVELOPMENT
AGENCY AND PALM DESERT HOUSING AUTHORITY).
Mr. Gibson stated a number of resolutions were being presented including those for the City,
the Redevelopment Agency, and the Housing Authority to adopt their respective budgets
including the salary table and classification of positions in the various departments. He noted
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 1998
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there were a number of changes including those requested by Council at the Study Session.
He noted one of those was attorney costs for the Wymer litigation for which Marty Mueller
from Best, Best & Krieger had done a listing of the various costs from pretrial through the
actual trial. He said the range was from $350,000.00 - $450,000.00, and the high end was
placed into the budget. He called attention to an updated sheet he handed out with a number
of continued appropriations from existing capital projects and that the majorityof them were
added at the very bottom of the last page of the handout. He said after staffs review of the
Desert Willow budget numerous times, final revenue projections were $5,895,216.00 with
expenditures of $5,805,196.00 for approximately $90,000.00 on the positive side versus the
original figures. He stated that in the Capital Project listing, the Joni Drive project had been
changed from a Project Area No. 3 project to a Measure "A" project. He added that the
General Fund was approximately $700,000.00 on the plus side for revenues versus
expenditures.
Councilman/Member/Commissioner Ferguson stated that with regard to the Redevelopment
Agency staffing request, during Closed Session the Executive Director had been asked for
some restructuring and a report back to the Council/Agency Board. He said he did not believe
the report had been delivered. He said he would be in favor of the remainder of the budget's
adoption excepting the Redevelopment Agency staffing changes.
Mayor/Chairman/President Benson declared the public hearing open and invited testimony in
FAVOR of or OPPOSED to the item. With no testimony offered, she declared the public hearing
closed.
Mr. Wohlmuth noted that in the salary schedule/resolution for personnel there were a few
minor typographical errors which required correction. He stated the corrected version would
be presented to Council at its meeting of July 9, 1998.
Mayor Pro-Tempore/Vice ChairmanNice President Spiegel asked whether the Outside Agency
Funding changes discussed had been made.
Mr. Gibson responded that all the items which Council had requested be changed were
reflected as the numbers presented in total.
Councilman/Member/Commissioner Ferguson moved to: 1) Waive further reading and adopt
Resolution No. 98-72 adopting a City program and financial plan for the fiscal year July 1, 1998, through
June 30, 1999; 2) waive further reading and adopt Resolution No. 98-73 establishing the appropriations
limit for the 1998/99 fiscal year; 3) waive further reading and adopt Redevelopment Agency Resolution
No. adopting a Redevelopment Agency program and financial plan for the fiscal year July 1, 1998,
through June 30, 1999, with the exception of the personnel promotions portion of the plan until report
of the Executive Director is received; 4) waive further reading and adopt Housing Authority Resolution
No. HA-5 adopting a Housing Authority program and financial plan for the fiscal year July 1, 1998,
through June 30, 1999; 5) waive further reading and adopt Resolution No. 98-74 setting the salary
schedule, salary ranges, and allocated classifications with the exception of the Redevelopment Agency
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— personnel promotions until report of the Executive Director is received. Motion was seconded by Spiegel
and carried by a 4-0-1 vote with Councilman/Member/Commissioner Crites ABSENT.
IV. ORAL COMMUNICATIONS
None
XV. ADJOURNMENT
Upon a motion by Spiegel, second by Ferguson, and 4-0-1 vote of the City Council with Councilman
Crites ABSENT, Mayor Benson adjourned the meeting to Closed Session at 7:17 p.m. She reconvened
the meeting at 9:10 p.m. with no action announced from Closed Session and immediately adjourned to
an adjourned joint meeting of the City Council and Redevelopment Agency to be held Thursday, July 9,
1998, at 2:00 p.m. for the purpose of holding a Closed Session.
ATTEST:
/ SHEILA R. GIL--ttAN, CITY ERK
CITY OF PALM DESERT, C FORNIA
JEAN44. BENSON, MAYOR
.t
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