HomeMy WebLinkAbout1998-11-12MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, NOVEMBER 12, 1998
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I. CALL TO ORDER
Mayor Benson convened the meeting at 4:04 p.m.
H. PLEDGE OF ALLEGIANCE - Mayor Jean M. Benson
III. INVOCATION - Councilman Jim Ferguson
IV. ROLL CALL
Present:
Councilman Buford A. Crites
Councilman Jim Ferguson
Councilman Richard S. Kelly
Mayor Pro-Tempore Robert A. Spiegel
Mayor Jean M. Benson
Also Present:
Carlos L. Ortega, RDA Executive Director
David J. Erwin, City Attorney
Sheila R. Gilligan, Director of Community Affairs/City Clerk
John M. Wohlmuth, ACM/Director of Administrative Services
Richard J. Folkers, ACM/Director of Public Works
Patrick Conlon, Director of Building & Safety
Phil Drell, Director of Community Development
Paul S. Gibson, Director of Finance/City Treasurer
John Nagus, Community Arts Manager
Teresa LaRocca, RDA Housing Manager
Rachelle D. Klassen, Deputy City Clerk
V. ORAL COMMUNICATIONS - A
MR. JIM LEWIS, owner of Desert Management, Homeowners Association President of Park
Palms addressed the Council regarding sightings of a mountain lion in the neighborhood. He stated
there had been approximately twelve homeowners who had seen one, possibly two mountain lions,
approximately three weeks ago. He asked the Council or the community at -large for any assistance
or instructions on how to deal with the problem. He added the homeowners did not want the
mountain lion(s) destroyed, only removed from the area.
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Councilman Crites stated that he had invited Mr. Kevin Brenan from the Department of Fish &
Game to the City Council meeting to address the Council regarding the State laws, as well as
provide information to the citizens of Palm Desert.
MR. KEVIN BRENAN, California Department of Fish & Game, Long Beach, CA addressed the
Council regarding the mountain lion at Park Palms. He stated the Department of Fish & Game was
able to verify and confirm that a lion had been present at the Park Palms. Mr. Brenan stated he had
received four reports regarding the sighting but not in a timely manner. The problem facing the
Department of Fish & Game was the timeliness of reports. He also stated that if an individual
property owner could request a deputation permit which would allow the individual to destroy the
offending animal. He stated there was not a capture and relocation process for animals. Mr.
Brenan stated if there was a public safety threat, the Department had no choice but to destroy the
animals and that it became the responsibility of the Department of Fish & Game. He added that if
the animals were located in a public place, such as a shopping mall, the Department of Fish & Game
would remove the animal. Mr. Brenan stated he was ready and prepared to remove the animal if
he was notified within twenty-four hours of the sighting.
Mayor Pro-Tempore Spiegel asked if there was any way the Department of Fish & Game could trap
the animal. Mr. Brenan stated under current California law, it forbids the Department from using
snares or traps.
PAT HEBERT asked if the use of sniff dogs to trap the mountain lion would be possible.
Mr. Brenan stated the Department can employ the use of trained hounds, but must have a verifiable
report of a sighting within twenty-four hours. Mayor Benson asked if the dogs could be used for
a general search of the area. Councilmember Crites concurred and asked Mr. Brenan if the City
was willing to pick up the expense of using trained hounds for a general search, if the Department
of Fish & Game would be willing to assist. Mr. Brenan stated there were several pest management
companies who had trained dogs and that could be hired by the City for the purpose of a general
search.
Mr. Lewis stated the toll -free number to report a sighting was 800-952-5400.
Upon motion by Councilman Ferguson, the subject item was added to the Agenda. Motion was
seconded by Kelly and carried by unanimous vote.
FRAN WELCH of Palm Desert stated that most of the people living at Park Palms were senior
citizens and were very frightened about walking at night. She added that workman had been afraid
to come onto the premises because of the warning signs regarding the mountain lion. Ms. Welch
also requested that the animal not be destroyed, but that it be removed, thus the fear removed from
the residents.
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Councilmember Crites moved to direct staff to work through and with the Department of Fish &
Game to employ trained hounds to attempt to trap and remove the mountain lion at an amount not to
exceed $20,000.00. Motion was seconded by Mayor Pro-Tempore Spiegel and carried by unanimous
vote.
MS. NELLIE RABB of Shadow Mountain Drive, Palm Desert, addressed the Council regarding
the mountain lions. She stated she hiked in the mountains and in the area of Hovley Lane School.
She stated she was concerned and carried a horn with her when she hiked. She also thanked the
Council for their actions.
MS. KATHLEEN KOPP, 44870 Cabrillo, Palm Desert, addressed the Council regarding Ruth's
Chris Steak House. She stated that at the Planning Commission Meeting on October 6, 1998, it was
stated that issues regarding the expansion and parking would be resolved before the December 15
Planning Commission meeting. She also stated that she had concerns regarding the public safety
issues regarding the layout of the site. She added that the hazards were magnified with the night
time use of the Ruth's Chris site. She stated she felt any expansion of Ruth's Chris at that particular
site was unthinkable since too much was going on at that particular corner now. She stated she had
taken the time to read all the staff reports and minutes regarding the site since June of 1991. She
stated she felt there were irregularities and misrepresentations by the applicant and/or staff. She
added that the night-time commercial encroachment in the residential area was unacceptable. She
stated that to allow any expansion would only exacerbate the problems.
VI. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of October 22, 1998.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 21, 22, 23,
and 24.
Rec: Approve as presented.
C-1. CLAIM AGAINST THE CITY (#370) by Clayton Hayes in an Unspecified Amount.
Rec: By Minute Motion, reject the claim and direct the City Clerk to so notify the
Claimant.
C-2 CLAIM AGAINST THE CITY (#371) by Edward and Joan Hayes in an Unspecified Amount.
Rec: By Minute Motion, reject the claim and direct the City Clerk to so notify the
Claimant.
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C-3. CLAIM AGAINST THE CITY (#372) by Claudia De Dios Naguna in an Unspecified Amount.
Rec: By Minute Motion, reject the claim and direct the City Clerk to so notify the
Claimant.
C-4. CLAIM AGAINST THE CITY (#373) by Stewart Teddy Roy in an Unspecified Amount.
Rec: By Minute Motion, reject the claim and direct the City Clerk to so notify the
Claimant.
D-1. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Bananaz Grill & Bar Palm
Desert, Inc., for Bananaz Grill & Bar, 72-291 Highway 111, Palm Desert.
Rec: Receive and file.
D-2. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Omri's Restaurer Ltd. For
Omri & Boni, 73-675 Highway 111, Palm Desert.
Rec: Receive and file.
D-3. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Gerardo F. Castellanos and
Guillermo P. Castellanos for Guadalajara Meat Market, 73-403 Highway 111, Palm Desert.
Rec: Receive and file.
D-4. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Ruben Mata Avila, Francisco
Javier Jimenez, Maria Del Socorro Jimenez, Jesus Jimenez, Bertha Alicia Jimenez, and Jose
Montenegro for Caesar Emperor, 72-200 Dinah Shore Drive, Palm Desert.
Rec: Receive and file.
E. INVESTMENT PORTFOLIO for the Month Ended September 30, 1998.
Rec: Receive and file.
F-1. MINUTES of the Art In Public Places Subcommittee Meeting of September 16, 1998.
Rec: Receive and file.
F-2. MINUTES of the Citizens' Advisory Committee for Project Area No. 4 Meeting of
September 16, 1998.
Rec: Receive and file.
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REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 1998
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F-3. MINUTES of the Civic Arts Committee Meeting of September 14, 1998.
Rec: Receive and file.
F-4. MINUTES of the Golf Course Committee Meeting of September 14, 1998.
Rec: Receive and file.
F-5. MINUTES of the Housing Commission Meeting of September 30, 1998.
Rec: Receive and file.
F-6. MINUTES of the Investment and Finance Committee Meeting of September 16, 1998.
Rec: Receive and file.
F-7. MINUTES of the Library Promotion Committee Meeting of September 9, 1998.
Rec: Receive and file.
F-8. MINUTES of the Public Safety Commission Meeting of September 23, 1998.
Rec: Receive and file.
G. RESOLUTION NO. 98- - 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 (September 1998).
Rec: Waive further reading and adopt.
H. REQUEST FOR APPROVAL of Agreement for Parkview Office Complex Property
Management (Contract No. C15100).
I.
Rec: By Minute Motion, approve the subject contract with Mason & Mason in the amount
of $5,500.00 per month and authorize the Mayor to execute same.
REQUEST FOR APPROVAL of Reimbursement Agreement with South Coast Air Quality
Management District (Contract No C15110).
Rec: By Minute Motion, authorize the Mayor to execute SCAQMD contract
AB2766/99021 for a $35,000.00 reimbursement for the purchase of a compressed
natural gas (CNG) street sweeper. 1
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J. REQUEST FOR APPROVAL of Change Order No. 1 to the Sweeping Contract with
M & M Sweeping.
Rec: By Minute Motion, approve Change Order No. 1 to Contract No. C06806 with
M & M Sweeping to include weekly parking lot sweeping of the Palm Desert Soccer
Park at the rate of $225.00 per month.
K. REQUEST FOR RATIFICATION of Change Order No. 1 to Contract No. C12580 for
Superblock Landscaping on Highway 111 at Sage Lane.
Removed for separate consideration under Item VII, Consent Items Held Over. Please see that
portion of the Minutes for discussion and action.
L. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C13550 -- Deep Canyon Storm
Drain Phase II, Improvements on Deep Canyon Road Between Fred Waring Drive and
Magnesia Falls Drive (Project No. 516-97) (Cornish Construction Company).
Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file
a Notice of Completion for the subject project.
M. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C14430 -- Traffic Signal and
Street Improvements at San Pablo Avenue Between Highway 111 and El Paseo (Project
No. 634B-98) (Contreras Construction Company).
Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file
a Notice of Completion for the subject project.
N. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C14500 -- Realignment of
President's Plaza East (Dateland Construction Company).
Removed for separate consideration under Item VII, Consent Items Held Over. Please see that
portion of the Minutes for discussion and action.
O. REQUEST FOR APPROVAL of Final Tract Map 26553 (Avondale Villas, LLC, Applicant).
P.
Rec: Waive further reading and adopt Resolution No. 98-133 approving Tract Map 26553.
.. y
REQUEST FOR APPROVAL of Final Parcel Map 28984 (Kernon & Virginia Oster,
Applicants).
Rec: Waive further reading and adopt Resolution No. 98-134 approving Parcel Map 28984.
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Q.
REQUEST FOR APPROVAL of Reduction of Subdivision Improvement Security for Tract
Map 24773 (La Paloma Homes, Inc., Applicant).
Rec: By Minute Motion, accept the subdivision improvements as complete and authorize
the City Clerk to reduce the amount of the subdivision improvement securities to ten
percent (10%) of their value as maintenance security for a one-year maintenance
period.
R. REQUEST FOR APPROVAL of Outside Agency Funding Requests for 1998/99.
Removed for separate consideration under Item VII, Consent Items Held Over. Please see that
portion of the Minutes for discussion and action.
S. REQUEST FOR APPROVAL of Tucson Development Artwork Consideration.
Removed for separate consideration under Item VII, Consent Items Held Over. Please see that
portion of the Minutes for discussion and action.
T. REQUEST FOR APPROVAL of Palm Desert Children's Choir Performance Fee Waiver.
Rec: By Minute Motion, approve the Civic Arts Committee recommendation that the
Director of the Palm Desert Children's Choir be authorized to negotiate Choir
performance fees for nonprofit organizations.
U. REQUEST FOR WAIVER of Performance Fee by Palm Desert Children's Choir.
Rec: By Minute Motion, deny the request of the Director of the Palm Desert Children's
Choir to waive the required $200.00 fee associated with performances scheduled at
the Gardens On El Paseo and The Desert Woman, which are "for profit" businesses.
Upon motion by Spiegel, second by Kelly, and unanimous vote of the Council, the remainder of the
Consent Calendar was approved as presented.
VII. CONSENT ITEMS HELD OVER
K. REQUEST FOR RATIFICATION of Change Order No. 1 to Contract No. C12580 for
Superblock Landscaping on Highway 111 at Sage Lane.
Councilmember Crites had asked whether the concrete over -running was still in compliance with
some of the guidelines that were suggested later on the agenda. Mr. Folkers stated he did not
know for sure. He did state that the project in question was completed prior to the development
of the recent guidelines. He added that although the guidelines had not been approved to date,
the project in question was designed in early 1998.
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Councilmember Crites moved to, by Minute Motion, ratify the City Manager's approval of
Change Order No. 1 in the amount of $1,000.00. Motion was seconded by Spiegel and carried by
unanimous vote.
N. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C14500 -- Realignment of
President's Plaza East (Dateland Construction Company).
Mayor Pro-Tempore Spiegel stated he had pulled the item for discussion purposes only. He
stated that the additional 210 parking places had been a tremendous improvement. He added
he received no complaints during the realignment and commended Phil Joy for a job well done.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, accept the work as complete and authorize
the City Clerk to file a Notice of Completion for the subject project. Motion was seconded by Crites and
carried by unanimous vote.
R. REQUEST FOR APPROVAL of Outside Agency Funding Requests for 1998/99.
Councilman Ferguson asked if the $5,600.00 for the Coachella Valley Economic Partnership
(CVEP) was in addition to the rent and the City's $5,000.00 annual membership, or whether
it represented one or the both. Mr. Gibson informed the Council that when the lease was taken
to Closed Session, it was agreed that the City would pay a portion of CVEP's rent, and that the
$5,600.00 was the portion in lieu of. Mr. Ferguson clarified that the City's annual contribution
consisted of $10, 600.00 total.
Councilman Ferguson moved to, by Minute Motion, approve the submitted list of agencies as
approved by the Outside Agency Funding Committee on November 3, 1998. Motion was seconded by
Spiegel and carried by unanimous vote.
S. REQUEST FOR APPROVAL of Tucson Development Artwork Consideration.
Councilman Ferguson stated he understood that the requirement on new development was to
provide for aesthetic artwork for the benefit of the community at -large. He also stated that the
AIPP committee approved a gate, with the condition the artist incorporate more sculptural relief
into the wall as well as the gate. Councilman Ferguson stated that he recalled this item came
before the Council, and the Council concurred. He added that a couple of homeowners believed
the sculpture to be "busy", and that the AIPP committee wanted to scuttle the project.
Mr. Nagus stated that he understood the approval to be contingent upon the homeowners
accepting the additional work along the property. He added that the homeowners felt the wall
was really busy. Mr. Nagus added that the AIPP Committee would like to encourage the
developer to work with the program. He added there was approximately $15,000.00 left in the
fund to develop something at that site.
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Upon questioning by Councilman Ferguson regarding the recommendation and fulfillment, Mr.
Nagus stated that there was no recommendation to date. He added that the homeowners felt the
artwork encroached on their space and didn't want any of the artwork presented.
Upon questioning by Councilmember Crites, Mr. Nagus stated the gate was in place.
Councilman Ferguson stated he was concerned that the artistic function of the city would be
turned over to a couple of the property owners.
Councilman Kelly stated the City encourages the citizens to get involved in the artistic function
of the City, but would need approval from the AIPP committee. He added that this was
encouraged because they would normally do more for their own community as they developed
their neighborhoods.
Mayor Benson asked what the money was from that was being requested for a refund. Mr.
Nagus stated the money was the fee paid into the fund. He added the money was used to hire
the artist and design the gate. Councilman Kelly clarified the money was the portion the
developer spent for the gate and the rest of the money would remain in the art fund.
Councilmember Crites moved to, by Minute Motion, accept as complete the artist -designed entryway
gate for Tucson Homes and refund AIPP funds in the amount of $29,191.75 to the developer, as approved
by both the AIPP Subcommittee and Civic Arts Committee. Motion was seconded by Spiegel and carried
by unanimous vote.
VIII. RESOLUTIONS
A. RESOLUTION NO. 98-135 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, PROCLAIMING AMERICA RECYCLES DAY ON
NOVEMBER 15, 1998, IN THE CITY OF PALM DESERT.
Councilman Kelly moved to waive further reading and adopt. Motion was seconded by Spiegel and
carried by unanimous vote.
B. RESOLUTION NO. 98-136 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, MAKING FINDINGS IN CONNECTION WITH
ASSESSMENT DISTRICT NO. 94-1 (BIGHORN) AND ASSESSMENT DISTRICT NO. 98-1
(THE CANYONS AT BIGHORN) .
Councilmember Crites moved to waive further reading and adopt. Motion was seconded by Ferguson
and carried by unanimous vote.
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IX. ORDINANCES
For Introduction:
A. ORDINANCE NO. 898 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING SECTION 5.87.040 OF THE PALM DESERT
MUNICIPAL CODE RELATING TO MASSAGE ESTABLISHMENT LOCATIONS.
Upon questioning by Councilman Ferguson, Mr. Drell stated a massage establishment was on
the list of those uses within which a certain number of square feet an adult theater may not
operate.
Councilmember Crites moved to waive further reading and pass to second reading. Motion was
seconded by Ferguson and carried by unanimous vote.
B. ORDINANCE NO. 899 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE NO. 784 AND AMENDING
SECTIONS 2.34.010 AND 2.34.020 OF THE MUNICIPAL CODE RELATIVE TO
COMMMEE/COMMISSION MEMBER ATTENDANCE.
Mayor Pro-Tempore Spiegel moved to waive further reading and pass to second reading. Motion was
seconded by Ferguson and carried by unanimous vote.
C. ORDINANCE NO. 900 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, ESTABLISHING AN ART IN PUBLIC PLACES
COMMISSION AND REMOVING THE FUNCTION AS A SUBCOMMii rtrt: OF THE
CIVIC ARTS COMM!! it h.
Councilman Kelly stated he was concerned that a small portion of the City's community would
make important decisions for the entire community. He added that he requested all AIPP
recommendations come through the Council for final approval.
Mayor Pro-Tempore Spiegel stated there would be a liaison from the Civic Arts Committee who
will attend all AIPP meetings and bring all information back to the Council.
Mr. Erwin stated that the Ordinance will be modified to show that all actions are
recommendations_ to the Council.
Councilman Kelly moved to waive further reading and pass to second reading. Motion was seconded
by Spiegel and carried by unanimous vote.
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For Adoption:
None
X. NEW BUSINESS
A. REQUEST FOR APPROVAL OF MAINTENANCE AGREEMENT FOR LANDSCAPING
ON OASIS CLUB DRIVE AND HOVLEY LANE.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, approve the Maintenance Agreements with
Palm Desert Resorter Association (Contract No. C15120) and Palm Desert Resort Country Club
Corporation (Contract No. C15130) for the landscaping improvements to be constructed along the east side
of Oasis Club Drive and the north side of Hovley Lane next to the Palm Desert Resorter. Motion was
seconded by Mayor Benson and carried by unanimous vote.
B. CONSIDERATION OF REQUEST FROM UNITED WAY OF THE DESERT FOR A $25,000
ANNIVERSARY GIFT.
Mayor Benson stated she was told by Mr. John Benoit of the United Way that the United Way
would approach the other Coachella Valley cities to contribute for their own anniversaries.
Mayor Pro-Tempore Spiegel moved to approve the subject request. Motion was seconded by Kelly
and carried by unanimous vote.
Mayor Benson stated the $25,000.00 would be presented to the United Way at the Anniversary
celebration on November 22, 1998.
C. INFORMATIONAL ITEMS:
1. Progress Report on Retail Center Vacancies
Ms. Ruth Ann Moore, Business Support Manager, stated she had no formal report,
but that the various stores in the Gardens on El Paseo continued to open their doors.
She added Saks Fifth Avenue would open the week of November 23, 1998. She also
stated that individuals from Circuit City would be in town during the upcoming week
and requested a meeting with various City Councilmembers.
2. Progress Report on Desert Willow Clubhouse Facility
Mr. Dave Yrigoyen stated the construction would begin on December 30, 1998. He
added that the relocation of the water line into the reservoir, which went across the
canyons portion would be the first kick-off of the Desert Willow Clubhouse. He also
stated that the Desert Willow Committee would meet November 23, 1998 at 2:30
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P.M. to review a discussion of the interior portion of the clubhouse. He stated once
construction began on the clubhouse, the project should be completed within eight
months. Councilmember Crites stated that he hoped staff and Mr. Nagus and the
architect had worked hard on the revised public art project because the window of
what could be done got narrower every week. Mr. Yrigoyen assured that all
individuals had been meeting regarding the public art project.
3. Progress Report from the "Save The Rink" Committee
Councilman Ferguson stated he was concerned that the information concerning the
City's efforts had not been passed on to members of the Committee. He added he had
met with a representative of the Figure Skating Association who had no idea the City
made an offer for the rink. He asked if Mr. Ortega could summarize where the City
was in dealing with the Committee. Councilmember Crites stated a report should
made in the form of a press release or story so the community would know about the
offer made by the City and updated information. He also asked that the information
be included in the next newsletter. Councilman Ferguson stated that the Marriott
Corporation and Intrawest would have direct benefit from the siting of the facility,
thus may want to participate. Mr. Ortega stated that after meetings with staff,
members of the Council, proposed developer and members of the Committee, it was
indicated that a six to eight acre parcel of land would be needed. He also stated the
facility would be feasible at land cost. He added that an offer of a six acre parcel of
land was offered to the developer for a parcel located at Desert Willow. He stated
the particular property was located on the west side of Country Club, just west of the
Marriott. He also stated for development of the facility at that particular site it
required a zone change. Mr. Ortega stated the City had not received a response to
the offer to date. He added that the developer was considering an alternate site and
the City was awaiting the decision. Councilmember Crites stated property equivalent
in value was approximately $700,000.00. Councilman Ferguson stated with the value
of the land and the prime location, the equity would enable the developer with
assistance of construction financing. He also stated the City had not heard back from
the Save the Rink Committee. He added that he was told the representatives of the
figure skating association had not heard about the offer.
4. Update on School District Boundary Changes
None.
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XI. CONTINUED BUSINESS
A. ORDINANCE NO. 886 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, ADDING CHAPTER 9.52 TO THE PALM DESERT
MUNICIPAL CODE PERTAINING TO THE CONVERSION OF MOBILE HOME PARKS
TO OTHER USES (Continued from the meetings of September 10, October 8, and October 22,
1998).
Mr. Erwin stated Mr. Prawdzik, an attorney for some of the occupants of the mobile home
parks, provided the City with comments regarding problems they faced in Palm Springs. He
added the sections the City was addressing for this particular ordinance had nothing to do with
the problems in Palm Springs. Mr. Erwin stated those particular issues could be raised in the
future.
Councilmember Crites moved to waive further reading and pass Ordinance No. 886 to second
reading. Motion was seconded by Ferguson and carried by unanimous vote.
B. REQUEST FOR APPROVAL OF FIVE-YEAR AGREEMENT FOR LAW ENFORCEMENT
SERVICES WITH THE COUNTY OF RIVERSIDE (CONTRACT NO. C15140) (Continued
from the meeting of September 10, 1998).
Councilman Ferguson stated the amendment, which was made was to terminate the contract at
will at any time during its term, and the provision for adjustment in services rates by a
memorandum of ratification were included in the subject agreement.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, approve the subject agreement as
recommended by the Public Safety Commission and authorize the Mayor to execute same. Motion was
seconded by Crites and carried by unanimous vote.
C. REQUEST FOR AWARD OF CONTRACT FOR THE COOK STREET MEDIAN AND
LANDSCAPE IRRIGATION PROJECT (CONTRACT NO. C14720, PROJECT NO. 588-99)
(Continued from the meeting of October 22, 1998).
Councilmember Crites stated he felt the work done by Richard Folkers and Eric Johnson made
a more aesthetically -pleasing project.
Councilmember Crites moved to award the subject contract. Motion died for lack of a second.
Councilman Kelly stated he was concerned because he didn't know how the finished project
would appear. He added the Council used to obtain a print of what the finished project would
be. He stated that if changes were made with more stamped concrete, the Council should have
an opportunity to make the decision as the result would be in place for a long period of time.
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He added that a natural look with a rock treatment would be low maintenance and he felt that
was something the City should look into.
Councilmember Crites stated the matter was continued from the last meeting because he was
concerned about the amount of concrete used increased each time. He added the more concrete
used, the less planting area, which became useless. Councilman Kelly stated there used to be
a small committee reviewing the landscape, and he wanted to re-establish the committee to look
at each project.
When questioned by Mayor Benson, Mr. Folkers stated the project would run on Cook Street,
from Hovley Lane East to Country Club Drive.
Councilman Ferguson suggested re-forming the small committee to review the project and;rhake
a recommendation to the Council. Mr. Folkers stated that the concern of the City Manager was
that the work would now be performed during the tourist season. Councilman Ferguson stated
he also had a concern with the amount concreted used as it was more expensive and less visually
pleasing.
Councilman Ferguson moved to appoint Councilmen Kelly and Crites to the committee for review
of the landscaping project. Mayor Pro-Tempore Spiegel seconded the motion, which died without a vote.
Mayor Pro-Tempore Spiegel moved to continue the item to the first meeting in December. Motion
died for a lack of a second.
Councilmember Crites asked that the Council move approval contingent upon approval of the
committee to keep the project started and completed in a more timely manner.
Mayor Pro-Tempore Spiegel moved to approve the subject contract, contingent upon approval of the
committee. Motion was seconded by Ferguson seconded and carried by unanimous vote. rt
D. ORDINANCE NO. 897 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT
RELATING TO NON-COMMERCIAL SIGNS Case No. ZOA 98-5 (Modification No. 1) (City
of Palm Desert, Applicant) (Continued from the meeting of October 22, 1998).
Councilman Ferguson moved to, by Minute Motion, continue to the meeting of December 10, 1998.
Motion was seconded by Crites and carried by unanimous vote.
E. REQUEST FOR APPROVAL OF MOTHER/CHILD ARTWORK PROJECT FUNDING
CONSIDERATION (Continued from the meeting of October 22, 1998).
Mr. John Nagus, Community Arts Manager, stated the site chosen near the Sister City Garden
for the project was changed because the Parks and Recreation Committee felt the site should be
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used for a different program. Mayor Pro-Tempore Spiegel stated he viewed the new site and
felt it was ideal because it was between the YMCA and Community Center with much more
visibility. He added the additional money requested was because of the new prime site.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, approve the Art In Public Places and
Civic Arts Committee recommendations to allocate $70,000.00 of AIPP funds to the Mother/dhild
Sculpture project budget, currently approved by City Council in the amount of $150,000.00, to create a
total project budget of $220,000.00.
When questioned by Councilman Kelly, Mr. Nagus confirmed the original concept was in tact.
He stated there were three finalist teams, one of which met with Bernice Gonzalez and her
mother. He added the teams would be coming back to AIPP with drawings of the work,
elevation, and plan. Mr. Nagus stated that the artists were instructed to use Bernice Gonzalez
as the model.
Motion was seconded by Kelly and carried by unanimous vote.
F. REQUEST FOR APPROVAL OF CIVIC CENTER PARK INTERPRETATIVE
INFORMATION PROGRAM. (CONTRACT NO. C15070) (Continued from the meeting of
October 22, 1998).
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, continue the subject matter to
December 10, 1998. Motion was seconded by Crites and carried by unanimous vote.
XII. OLD BUSINESS
A. REQUEST FOR AWARD OF CONTRACT FOR THE PALM VALLEY CHANNEL GOLF
CART/PEDESTRIAN BRIDGE (CONTRACT NO. C14780, PROJECT NO. 665-98).
Councilman Kelly moved to, by Minute Motion: 1) Award Contract No. C14780 to Granite
Construction Co., Indio, California, for the Palm Valley Channel Golf Cart/pedestrian Bridge in the
amount of $142,240.00, and authorize the Mayor to execute the agreement; 2) appropriate construction
funding in the amount $142,240.00 plus a ten percent (10%) contingency in the amount of $14,224.00
from Account No. 410-4398-433-4001; 3) approve Estimated Revenue in the amount of $44,000.00 from
State Bicycle SB821 Grant Funds. Motion was seconded by Spiegel with a 4-0-1 vote, with Councilman
Ferguson ABSTAINING.
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B. REQUEST FOR AWARD OF CONTRACT FOR THE BIKEPATH IMPROVEMENTS AT
THE WHITEWATER CHANNEL AND COOK STREET (CONTRACT NO. C14790,
PROJECT NO. 690-98).
Councilman Kelly moved to, by Minute Motion: 1) Award Contract No. C14790 to Granite
Construction Company, Indio, California, for the Bikepath Improvements at the Whitewater Channel and
Cook Street in the amount of $176,671.00 plus a ten percent (10%) contingency in the amount of
$17,667.10 and authorize the Mayor to execute same; 2) appropriate $85,000.00 from Unobligated Street
Resurfacing Funds to Account No. 410-4616-433-4001; 3) approve Estimated Revenue of $60,000.00 from
State Bicycle SB821 Grant Funds.
Mayor Pro-Tempore Spiegel stated he had visited the high school and felt its egress needed to
be addressed. He stated that during heavy traffic times it was a disaster. He felt bringing
people out on to Cook Street could alleviate the problem. Mr. Folkers stated that the City was
working on a traffic program, working with the high school and the Valley Palms Association.
Motion was seconded by Spiegel with a 4-0-1 vote, with Councilman Ferguson ABSTAINING.
Mr. Folkers stated that a report would be presented at the first meeting in December regarding
the time line for the high school traffic issue.
C. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 1 TO THE CONTRACT WITH
WALL CONSTRUCTION FOR THE CITY OF PALM DESERT/CVAG CONFERENCE
ROOM REMODEL PROJECT (CONTRACT NO. C14750).
Councilman Ferguson moved to, by Minute Motion: 1) Approve Change Order No. 1 to the subject
contract with Wall Construction, Palm Desert, California, in the amount of $25,478.25 for the fabrication
and finish carpentry of the video cabinet, main conference table, and two smaller tables; 2) authorize the
Director of Finance to appropriate $25,478.25 from Unallocated Construction Tax Funds to base contract
account. Motion was seconded by Spiegel and carried by unanimous vote.
D. REQUEST FOR APPROVAL OF ACTIONS WITH REGARD TO THE PALM DESERT
SKATE PARK.
Mr. Drell stated that the staff had worked with a consultant and a group of skateboarders to
design a facility. He added after the initial estimate and demands for in -line hockey, it was
recommended by the Parks and Recreation Commission that the City forego the in -line hockey
rink but proceed with the skateboard rink.
Councilmember Crites asked that the facility be moved closer to the City Hall complex for use
on special events. Mr. Drell stated the original reason for placing the facility at that site was
to have the in -line hockey rink further away from the Rose Garden.
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Mayor Pro-Tempore Spiegel moved to, by Minute Motion: 1) Approve the Palm Desert Skate Park
site plan and estimate contingent on flipping the site location; 2) allocate the appropriate funds and
authorize the Mayor to enter into an agreement with Purkiss Rose-RSI for Phase 2 of the park (construction
documents and construction administration) in an amount not to exceed $43,870.00 (Contract No. C15150);
3) authorize the City Clerk to advertise and solicit bids for the construction of the skate park (Contract No.
C15160). Motion was seconded by Ferguson and carried by unanimous vote.
Five skateboarders thanked the Council for building the facility.
XIII. REPORTS AND REMARKS
A. CITY MANAGER
None.
B. CITY ATTORNEY
Mr. Erwin asked that Closed Session consideration be given for those items listed on the
Agenda and asked that the following item be added to this Agenda for Closed Session:
Conference with Real Property Negotiator pursuant to Government Code Section 54956.8:
2) Property: 43-251 Warner Trail
Negotiating Parties:
Agency: City of Palm Desert/Phil Drell, Director of Community Development
Property Owner: Elaine Maloney
Under Negotiation: x Price x Terms of Payment
Mayor Pro-Tempore Spiegel moved that the item be added to the agenda. Motion was seconded by
Kelly and carried by unanimous vote.
1) Report and Action on Items from Closed Session Made at This Meeting.
2) Request for Closed Session
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, Finance Director
Property Owner: City of Palm Desert
Other Parties: John S. Casas, Jr.
Under Negotiation: Price a. Terms of Payment
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Conference with Legal Counsel regarding existing litigation pursuant to Government Code
Section 54956.9(a):
a) City of Orange, et al. v. Alabama Treasury Advisory Program, et al., Los Angeles
Superior court Case No. BC106461
Significant exposure to litigation pursuant to Government Code Section 54956.9(b):
Number of potential cases: .
C. CITY CLERK
None.
D. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Consideration of Membership in the University of California, Riverside -
Chancellor's Executive Roundtable (Mayor Jean M. Benson).
Mayor Benson stated that she felt the City should have a membership to show the
City's support.
Mayor Pro-Tempore Spiegel moved to approve the allocation of $1,500.00 to the University of
California, Riverside - Chancellor's Executive Roundtable. Motion was seconded by Ferguson and carried
by unanimous vote.
2. Consideration of Request from Saint Margaret's Episcopal Church for Special
Recognition of the Inauguration of the Church's Quimby Pipe Organ (Mayor
Jean M. Benson).
Mayor Benson stated that Saint Margaret's Episcopal Church requested the City
place an ad in three different programs for concerts the church would hold with
their new organ. She noted that the ad would appear on the back cover Of the
program at a cost of $1,000.00.
Councilman Kelly stated he was concerned about the separation of church and
state. He added that the City should be careful about donating to particular
religious organizations.
Mayor Pro-Tempore Spiegel stated that all churches and synagogues should be
honored.
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Councilman Ferguson stated that although he would ordinarily agree, he felt that
the particular issue was strictly for advertising in celebration of the City's 25th
anniversary. He felt the City was purchasing advertising and not promoting any
religion.
Mayor Benson concurred with Councilman Ferguson. She added that the City
was not buying something for the church, merely saluting the church for its
accomplishment.
Councilmember Crites stated that the advertisement would be well received, but
Councilman Kelly's concerns were well taken. He added that prior requests
were submitted to the Outside Agency Funding Committee for review and
recommendation. He also stated that in retrospect, he should have moved to
send the request from the United Way to the Outside Agency Funding
Committee before it was brought to Council.
Councilmember Crites moved to have the matter referred to the Outside Agency Funding Committee
for review and recommendation. Motion died for lack of a second.
Mayor Benson stated that the money for the United Way would not come from
the charitable contribution money allocation, but from the City of Palm Desert
for the 25th Anniversary celebration.
Councilmember Crites stressed that the subject was an outside agency
contribution and should have been referred to the Committee. Mayor Pro-
Tempore Spiegel concurred. Councilman Ferguson stated that the City approved
$60,000.00 worth of advertising for the Skins Game, which was a private club.
He added that he just completed work on a resolution for the Palm Desert
Presbyterian Church, which was celebrating its 50th Anniversary. He believed
separation of church and state was not intended to sever mutual support for
concerts, organs, and advertising.
Councilman Kelly stated he had read several reports where different cities had
been in trouble for similar situations. Councilman Ferguson stated the City
would then have to cut off funding for the YMCA, the Young Men's Christian
Association. Councilman Kelly stated the organization had no relationship with
a particular Christian organization or church. Councilman Ferguson stated the
YMCA's statement of purpose would show the connection with church.
Councilmember Crites stated he believed the YMCA's statement of purpose and
what they actually did was different. He added that if that were not the case, the
YMCA would not be on public land.
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Councilman Ferguson stated that he felt the preceding argument was unnecessary
over a $1,000.00 piece of advertising. Councilmember Crites stated he felt the
issue was the City's stand on any advertising requests which had no; gone
through the Outside Agency Funding Committee.
Councilman Kelly clarified that Saint Margaret's Church was wonderful, but he
felt City policy should not be to spend taxpayer's money for any religious
organization. He added that it was the policy with most cities. Councilman
Ferguson stated he disagreed with the policy.
Councilman Ferguson moved to approve the request from Saint Margaret's Episcopal Church, in the
amount of $1,000.00. Mayor Benson seconded the motion which failed by a 2-1-2 vote, with Councilman
Kelly voting NO and Councilmen Spiegel and Crites ABSTAINING.
Councilmember Crites moved to: 1) Refer the subject matter to the Promotion Committee for a
recommendation regarding outside advertisement; 2) directed the City Attorney to provide a
recommendation for future policy with regard to this type of request.
Mayor Benson stated the concert series would begin in January.
Motion was seconded by Spiegel and carried by a 3-2 vote, with Councilmen Kelly and Ferguson
voting NO.
o City Council Committee Reports:
Mayor Benson stated she received a plague from Toys for Tots and that the Toys for
Tots would be placing a bin in the City Hall lobby for toy donation. She stated she
also attended the Marine Corps' 223rd birthday party. She added that the City of
Palm Desert was the only city which presented a plague to the General. Mayor
Benson added that she was informed that anyone wishing to tour the Marine base was
more than welcome.
Mayor Pro-Tempore Spiegel stated the Civic Arts Committee chose the theme of
"Community Services: How Can We Help Our Community" for the 1999 Art & Essay
Contest.
Councilman Ferguson stated he and Councilman Kelly received a certificate from the
Fire Marshal from the City of Calexico, Mexico, thanking the City of Palm Desert
for the participation with the Cove Communities Commission in donating an
ambulance. He added Calexico would be hosting a reception for the Council of the
three cities.
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Mayor Benson added that Monday, November 9, 1998, was the Riverside County
meeting with the Mayors of Roy Wilson's district. She added that they were
informed about a new program being instituted in the valley called "CARE". She
stated this program was to help the elderly community in understanding fraud. She
added that since the program had been in existence, over $900,000.00 was recovered
for victims. Mayor Benson also stated that Supervisor Wilson asked that all the cities
revisit the General Plan for their input. She added that it should go back to CVAG
since all members were in one group. She added that this would be in lieu of adding
another task force.
Councilman Kelly stated that Monday, November 9, 1998, the Riverside County
Division, League of California Cities meeting was held. He stated one of the issues
the organization was working on was called the "ABC Committee". He added the
idea of the committee was that the Riverside County Division felt money was being
taken away and this would give the Committee a chance to place initiatives to oppose
such measures on the ballot. Councilman Kelly stated the Committee would not be
funded by any of the cities and said they were first going to initiate a measure to
preserve funds currently received. Councilman Kelly stated he saw the art recycling
exhibit at the Palm Springs Desert Museum and was quite impressed. He stated he
initially voted against this project, but would have probably voted in favor of the
program had he seen the recognition the City was given. He felt the exhibit was
outstanding.
Mayor Pro-Tempore Spiegel stated that the Palm Springs Desert Museum had rented
a storefront at the Gardens on El Paseo. He added that the first day the museum sold
seven memberships and they were running out of merchandise. He stated he felt it
was a good marriage at this point and may possibly lead to expansion. He added that
there were pieces of the major exhibits at the Gardens on El Paseo and they hope to
continue as the year progressed.
Mayor Pro-Tempore Spiegel wanted to thank Terre LaRocca on the great job she did
on the Veteran's Day celebration on Merle Drive involving 500 insurance people.
Mayor Benson stated Terre LaRocca also had over 100 people working on the Habitat
for Humanity house on Rancho Road last week. She added the workers were very
complimentary to the City of Palm Desert.
Upon motion by Crites, second by Spiegel, and unanimous vote of the City Council, Mayor Benson
adjourned the meeting to Closed Session at 6:07 p.m. She reconvened the meeting at 7:00 p.m.
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XIV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
None
XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION TO MARK ROSS AND JIM STRUCK, FORMER MEMBERS OF THE
CIVIC ARTS COMM' 1 1 th, IN RECOGNITION OF THEIR SERVICE TO THE CITY OF
PALM DESERT.
On behalf of the City Council, Mayor Benson presented engraved, crystal clocks to Messrs.
Ross and Struck and expressed the City's sincere appreciation for the time and service they
provided to the City of Palm Desert as members of the Civic Arts Committee.
B. RECOGNITION OF THE CITY OF PALM DESERT'S DESIGNATION AS A COACHELLA
VALLEY ALTERNATIVE ENERGY INITIATIVE PARTNER BY SUNLINE SERVICES
GROUP.
On behalf of the SunLine Transit Agency, Councilman Kelly presented a plaque designating the
City as a Coachella Valley Alternative Energy Initiative Partner by SunLine Services Group.
He reported that it had been presented to him at a recent SunLine Board Meeting where it was
announced that SunLine had received a $2.5 million grant for the alternative energy project with
the possibility of future funds for same. He noted that perhaps this represented the technology -
based industry the Valley sought to complete its economic base.
C. REORGANIZATION OF TH)CITY COUNCIL.
1. SELECTION OF MAYOR AND MAYOR PRO-TEMPORE.
Mrs. Gilligan declared the offices of Mayor and Mayor Pro-Tempore vacant and
opened the floor for nominations.
Councilman Kelly nominated Mayor Pro-Tempore Robert A. Spiegel for Mayor. Motion was
seconded by Crites.
Councilman Ferguson nominated Councilman Buford A. Crites for Mayor Pro-Tempore. Motion was
seconded by Kelly.
A combined vote was cast for both office nominations, and it passed unanimously.
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2. COMMENTS BY NEWLY SELECTED MAYOR AND MAYOR PRO-TEMPORE.
Councilmember Benson expressed appreciation to her colleagues, as well as City staff
for their support in the past year. She added that it had always been a pleasure to
represent the City of Palm Desert due to its esteemed status in the region.
Mayor Spiegel thanked Councilmember Benson for her exemplary representation of
the City in the past year and said he would do everything he could to follow that
tradition in the coming year. He looked forward to working with his fellow
Councilmembers, the best city staff in California, and all the dedicated members of
the City's Committees and Commissions.
Mayor Pro-Tempore Crites stated that in reality, all the Councilmembers were the
Mayor and Mayor Pro-Tem of Palm Desert in their representation, and he hoped it
would continue to be an egoless function to represent his colleagues and all the
citizens of Palm Desert. He expressed his confidence in the new Mayor and looked
forward to being his assistant in the coming year.
XVI. PUBLIC HEARINGS
A. CONSIDERATION OF APPROVAL OF A PRECISE PLAN/CONDITIONAL USE PERMIT,
TENTATIVE TRACT MAP, DEVELOPMENT AGREEMENT, AND NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT FOR AN 18-HOLE GOLF COURSE,
999 UNIT TIMESHARE RESORT AND SUPPORTING AMENITIES ON 306± ACRES ON
THE EAST SIDE OF MONTEREY AVENUE BETWEEN FRANK SINATRA DRIVE AND
GERALD FORD DRIVE. Case Nos. PPLCUP 98-5 Revised, TT 28818 Revised, and DA 98-1
(Marriott Ownership Resort, Inc., Applicant) (Continued from the meetings of June 11, July 9,
August 27, September 10, October 8, and October 22, 1998).
The following is a verbatim transcript of this item.
K:
RAS Robert A. Spiegel, Mayor
JMW John M. Wohlmuth, ACM/Director of Administrative Services
PD Phil Drell, Director of Community Development
SS Steve Smith, Planning Manager
JMB Jean M. Benson, Councilmember
JF Jim Ferguson, Councilman
DIE David J. Erwin, City Attorney
REE Ronald E. Eastman, Group Vice President of Marriott International
SH Susie Harvey, Executive Director of the Palm Desert Chamber of Commerce
TL Terry Ludwig, Resident of Kaufman and Broad Development
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RSK Richard S. Kelly, Councilman
SRG Sheila R. Gilligan, Director of Community Affairs/City Clerk
RAS First public hearing of the evening is consideration of the approval of a...a precise plan,
conditional use permit, tentative tract map, development agreement, and negative declaration
of environmental impact for an 18-hole golf course, 999 unit timeshare resort and supporting
amenities on 306 acres on the east side of Monterey Avenue between Frank Sinatra Drive and
Gerald Ford Drive. Could we have the staff report?
JMW Phil Drell will give the staff report.
PD We have two sorts of issues that are still before the Council on this item. I'm not sure which
one you want to hear first. I guess the simpler one is at the last hearing where there was
discussion, there was some questions about...building elevations and...grading heights, and
Mr. Smith has some responses and some...new elevations to show you.
SS Good evening. Revised building elevations shown on the upper...diagram on the easel to my
left, your right...they were presented to Architectural Review Commission and have
been...recommended for approval. The changes, essentially from the last time you saw
them...involve the reduction in height at one end of the buildings...as shown on the tentative
map here on the board. We have the orange and the blue, so each of the blue mark...the blue
indications on the tract map are reduc-...are situations where we have a reduction in height, as
shown...on the lefthand of the drawing. And then the orange is where they've expanded the
buildings and...gained back those lost units. The (unclear)...that was before Architectural
Review at its meeting of October 13th, and they gave...conceptual approval. Last time it was
here, back in September, an issue also related to the proposed grading and how it would relate
to properties around the site. We took a look at the existing elevations and the...proposed pad
heights for each of the buildings, of which there are some 51. The tract map on the wall in
back of Mr. Folkers has...individual plus/minuses that we went over. Essentially, the 15
residential buildings in the northeast corner of the site have average pad heights two feet above
the existing grade. The 12 residential buildings in the southeast corner of the site, that's the
area nearest the Kaufman and Broad homes, have average pad heights 11 feet below the
existing grade. The 24 residential buildings in the southwest corner of the site have average pad
heights 11 feet above the existing grade. The sales center will be one foot above existing
grade; maintenance building will be eight feet below existing grade. And also at that time, back
in September, you had public input from Mr. Pevers suggesting that if this project is approved,
Marriott should -be required to underground the utility lines in front of Desert Springs and that
the timeshare golf course should be restricted to members and guests only so as not to compete
with City...golf courses. First issue was referred to the Director of Building & Safety, his
memo of September l lth is attached. The... with respect to item two... we concluded that... with
the various projects in Section 4, their being guaranteed a certain number of rounds of golf per
year, we don't feel that there will be a problem with...this course...competing with the rounds
at that location. Public facilities mitigation fee increase, that will be discussed in the second
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part. The development agreement...I believe...City Attorney Erwin will comment on that...also
later this evening. And that would conclude the...oh...also at that time day care was an issue,
there was a statement that $50,000.00 day care fee was inadequate considering that
Courtyard/Residence Inn were paying a $50,000.00 fee. In fact, they are paying $25,000.00,
and, or we concluded that the $50,000.00 fee...is appropriate when viewed in comparison with
that fee.
JMB Could I ask who approved the $25,000.00 because I never had it come back to me, or I didn't
see it come to the Council. It was first told me that it was 50, and they were negotiating, and
I never heard another word, and then I see it's 25. And I never would have settled for 25.
PD My understanding, and unfortunately he's not here, that was partly with discussion with the City
Manager. The fee hasn't been paid...and again, there's been some more discussion with it.
But again, unfortunately it was when the condition was put in there, there was no number
attached to it.
JMB I know there was no number, but you came and told me that they had offered 50. I said 50 was
fine, and we talked to Gerry Hundt and decided that was a reasonable amount, and thai's the
way it was proceeding. And when I talked to Mr. Swank, he said that; and then all of a sudden
I see somebody says 25, and it's all right.
-- JF Is this a one-time payment?
JMB Yes.
PD This is a one-time payment.
JF Well I suspect with a multi -million dollar development like this, we can always make it 50 if
that's what we decide.
RAS It already is 50.
JMB No.
BAC No, no, no. We're talking about the... (unclear)
JMB On Swank's it was to be 50 for the two smaller hotels, and so I said that I thought the Marriott
on this one should be 100, if they gave 50. So then the first I find out it's 25 is when I read
it in here.
BAC How 'bout this? Whatever the action of this body is this evening that that particular issue be
held in abeyance while we see what actually is, should, would be, and could be.
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RAS All right.
BAC Now that, at least, is a suggestion.
RAS Okay. Any other questions of staff? Would it be appropriate• for Dave Erwin to give his report
now, since we're going to be moving on the whole package, I assume.
DJE Certainly. There are... several items yet unresolved in the development agreement. I think
we're relatively close... several of those are referenced in the staff report regarding the
development agreement— dealing with the assignability of the...of the project as a whole. Also
dealing with the indemnification provisions...I've discussed that...today with the attorneys for
Marriott, and we hope to have that resolved prior to your next meeting. And obviously the
modifications of the development agreement regarding the mitigation fees, day care fees,{ thbse
issues are there and would be included in the final...development agreement, that agreement,
I would assume, would be prepared, finalized, and in your packet prior to the second reading
of the ordinance.
RAS So in other words, we could approve the ordinance without those two items...
DJE Tonight.
RAS (Unclear)
DJE With the understanding that it would come back, and second reading would only occur when
it has been finalized.
RAS Thank you. I'll then open the public hearing and ask the developer if he'd like to address...the
Council.
REE My name is Ronald E. Eastman, I'm a Group Vice President of Marriott International, and
reside at 7104 Roslyn Avenue, Rockville, Maryland. Your Honor and Members of the Palm
Desert City Council, we thank you for hearing us again this evening. I believe that we have
a potential project in Desert Springs Villas North that will be a credit to Marriott and to the City
of Palm Desert. We thank the staff, members of the City Council, and especially our neighbors
for the critiques that have been given to this design of Desert Springs Villas North, and the
changes that have been suggested. This will be a better resort because of your input. I'm not
going into a long speech this evening, but I will mention that Desert Springs Villas North is
supported by our neighbors, has been unanimously endorsed by the leadership of the Palm
Desert Chamber of Commerce, will contribute substantially to the financial well being of the
City, and greatly enhance the resort infrastructure of Palm Desert. I believe that having Desert
Springs Villas North complete with a Faldo Golf Institute and the Faldo-designed golf course
at the gateway of Palm Desert will further enhance your already beautiful city. Marriott would
greatly appreciate your support for this development. Thank you for your consideration.
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RAS Council have any questions of the developer?
JF Yeah, I do. We'll just jump in with both feet here. Our recommended fee is $30.00 in 1998
dollars adjusted by 100% of CPI July 1st of each year. You had originally suggested to us
$25.00 per share per year. Are you in agreement with staffs recommendation?
REE We will accept staffs recommendation.
JF Of $30.00?
REE Of $30.00.
JF Thank you.
RAS Any other questions of the developer? Thank you. Is there anyone else that wishes to speak
in favor or in opposition to...the proposed timeshare?
SH Hi. I'm Susie Harvey from the Chamber of Commerce, and you've already heard Mr. Eastman
say it, but I want to also say it for the record. The Chamber of Commerce is unanimously in
support of this project, and we hope that you vote in the affirmative. Thank you.
RAS Anyone else?
TL My name's Terry Ludwig. I'm a resident at... the Kaufman and Broad... 37547 Drexel Drive.
I'm also in favor of the...proposed project, and I think with Monterey being a main artery into
Palm Desert, I think...this project would really enhance...Palm Desert. Thank you.
RAS Thank you. Anyone else? Then I'll close the public hearing and ask for comments
from...Council.
JMB Well I'll start on this end. I'm sure everybody knows my position on this, but I'd like to make
it clear that it is nothing against Marriott. I think they're good community partners...I just
think it's taken 25 years to make the City that everybody likes and loves. I see no re -...reason
to go forward in the next 25 in such a big hurry that we cover up everything there is long before
the time is necessary to do it. We have a big project of condominiums or timeshares, or what
you want to call them, coming into our own Desert Willow project, and then we've got 'ern
surrounding us on all sides. We had an ordinance that said this wouldn't happen so we
wouldn't be timeshare...heavy, so to speak, and I just think that it is not the time to be doing
this at this time. And I would also suggest under 7.5 of the findings that it reads, "that the
project developed in conjunction with a 500-room hotel are thereby satisfied;" I would suggest
it's circumvented.
RSK What was that last point? What was the end of it?
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RAS That... (unclear)
JMB I was just quoting from their findings relating to the Palm Desert Municipal Code, which says
that we won't have one without it being in conjunction with a 500 hotel. And I don't consider
a 500 hotel a half a mile down the road in conjunction with. it.
RAS Thank you.
JF Well I guess I'll go next. I am very much in favor of what Marriott is doing. I have nothing
but respect for them as a business citizen of the City of Palm Desert. I think their hotel has
made a world of difference for our community, and I've looked at their product in their existing
timeshares, as well as the ones that are under construction, and am very impressed.
Notwithstanding that, I had some considerable intellectual difficulty on how a city coulcj have
an ordinance requiring a 500-room hotel and yet ignore it when applying it to a private
developer. Notwithstanding that before I came on this Council, we had already done that with
respect to Intrawest. In evaluating what I would do on this, I was surprised when I got a letter
from a constituent, Mr. Pevers, I don't know if he's here tonight, saying that we ought to
require Marriott to underground all electrical utilities along Country Club Drive in order to let
them avoid our ordinance. And I wrote him back saying I didn't think that was correct for two
reasons. Number one, it suggests that our ordinance is for sale; and number two, ignoring our
ordinance is ignoring our ordinance no matter how much good you do. I went around taking
a look at our ordinance, where it came from, what its purpose was when it was adopted in the
early 80's. I talked to several of my colleagues here who were around at that time, and what
I discovered was that the timeshare industry back in the early 1980's was some -...somewhat
stigmatized by people preying on...a lot of older people, selling them timeshares, never
developing the product, and then, of course, disappearing into oblivion and became quite a
consumer problem. Lots of cities enacted timeshare ordinances-- Rancho Mirage has one like
we do. And it occurred to me in looking at our ordinance that it essentially served two
functions. Number one, it was designed to assure the credibility of the developer. You can't
exactly walk away from a 500-room hotel. So if we required a 500-room hotel, the developer
would have to be sufficiently financed to a degree where we would feel comfortable allowing
them to sell timeshares to our residents, among other people. Secondly, it was sort of a tacit
recognition that we would, as a City, get transient occupancy tax from a 500-room hotel, which
would assure revenues to the City, which presumably would be available in the event that some
of the timeshare owners were defrauded, and they looked to the City for assistance. That being
the case, I took both of those intents and applied it to the situation, not only with Intrawest,
which was out first exception to the timeshare ordinance, but also to Marriott. All of my
colleagues were concerned that if we did anything with Marriott, it ought to be available on the
same financial basis as Intrawest. We've spent the last two months analyzing both the proposed
development agreement and the existing one with Intrawest. Staff has concluded that the $30.00
fee that I asked about at the outset of this agreement was sufficient to make it an apples and
apples comparison or an in lieu of transient occupancy tax revenue stream to the City. In the
case of Marriott, we had an established course of business and performance with their existing
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timeshares so we knew to the penny exactly how much the City could estimate in TOT coming
as a result of their timeshares. So the recognition of TOT flowing under our ordinance, in my
mind, was satisfied, which left us with the first element, which was the confidence in the
developer. Marriott is an internationally acclaimed corporation. They have a long, ten-year
plus, track record in the City of Palm Desert. They've been an excellent resident. They've
delivered a high quality product, and I think Councilman Spiegel, then Councilman Spiegel,
voiced the concern that it wasn't Marriott, but it was assignability provisions that if Marriott
spun this off to a developer that, as we sit here today, we didn't know about, we wouldn't have
that same confidence, which is why our City Attorney addressed the issue of assignability in the
development agreement. Assuming that we can reach an agreement on assignability and the
other issues that were mentioned, that second intent of our ordinance, in my mind, is satisfied.
We do have a quality, credible developer. That being the case, if the financial intent of the
ordinance is satisfied, and the credibility of the developer intent of the ordinance is satisfied,
and the planning issues, which we spent a good deal of time going over about two months ago,
are satisfied, which I'm convinced they are, I think that this is an excellent project for the City
of Palm Desert. And I wholeheartedly support it.
RAS Thank you.
RSK It's not going to take me that long. I was...on the Council when we...passed the timeshare
ordinance, and Councilman Ferguson, I think, explained it very well. And one of my
primary...concerns at that time was...that...whoever owned that timeshares would have some
incentive to stay there, and that what the hotel, 500-unit hotel, both to replace the transient
occupancy tax and also an incentive not to walk away. And I think maybe that Nick Faldo `golf
course, I don't know how much it's going to cost you to build, but $12 million or some odd
amount of money, that Marriott's not going to want to walk away from that very bad. And then
my other main concern was that...we replace the transient occupancy tax, and I think we've
done that with the $30.00 fee, and it's also fair to other timeshares we've approved in the City,
and basically that's why I supported Intrawest because they were furnishing that...amount of
money as to the way we figured it out. So...as a project itself, we went over that in a lot of
detail, and I was very impressed. We had a lot of concerns that at the first...presentation...and
Marriott came back and addressed every single concern that we...had. So...now I think we're
at a state where what we have there is fair, and it'll be a real asset to our City. And I'd be
happy to brag that we had a Nick Faldo golf course in the City of Palm Desert now.
RAS Thank you.
BAC I probably won't brag about a Nick Faldo golf course, but...
RSK Well we're going to put a little desert land -...landscaping in there...
BAC Oh I like a Nick Faldo golf course. It's an excellent idea. I'd forgotten.
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RSK They don't have...
BAC Thank you.
RSK ...it's not something they have in England, but...
BAC Fair enough. When this project first reached the Council, I was very prepared and very pleased
to be voting against it. I did not think it was a good project, and I didn't think the groups that
had endorsed it and everything else had done a particularly good job of bringing to us a quality
project. But, as Dick points out, the landscaping changed to something that fits this area. We
got rid of the commercial center out on the corner. We improved the traffic circulation. We
moved the buildings. We lowered the heights. We changed the architecture. We tended to the
financial issues, and so on, and so on, and so forth, and this project has certainly moved from
what I'm sure was an acceptable project in most communities to, at least, what I perceive is a
project that Palm Desert can be proud of as a project that we embrace for our residents, for our
business community, and for our future.
RAS Thank you. I would pretty much be echoing, I think, what the majority of...the Council said
this evening. The fact that the Marriott went out and walk -...worked with the neighbors --
didn't say this was the way it had to be, they worked with the neighbors. And...moved
buildings around because of that. And...yes, there's a lot of timeshares in the desert, and
they're going to be more, but the quality product that Marriott has shown us that they currently
have at Desert Springs...warrants my...my vote for this project because it's going to be of...the
same quality. So I'll...
JF Mr. Mayor, before we vote, I'd also like to...thank Mr. Eastman. I regard you as a true
gentleman. I appreciate the way that you have dealt with us and the residents, and I'll just
repeat what my colleague, Councilman Kelly, said, never in his 16 years has he seen a
developer respond to the requests of the City the way that you and your corporation have, and
we appreciate it.
RAS So is there a motion? What's your pleasure?
JF I would like to go back to Councilwoman Benson's comments about the day care facilities.
Recognizing that there's a good likelihood of passage tonight, how you'd like us to address that
issue.
RAS Well...this is the first reading. It will be brought back to the Council in December, at our first
meeting. And...by that time, staff will have had an opportunity to work with the developer
with the child care center fees, and we'll have a recommendation that night. If we don't think
that the fees are fair, we can turn it down.
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JF I...I'd still like to ask Councilwoman Benson what her preference is so the developer knows
going into it what her expectations are.
JMB Well I...I stated what I said I thought we had a deal on the other one, and only to find out that
I was never informed that we didn't. And...so I would certainly, though I'm not voting for this
project, I still am concerned about the child care issue on it. Because I feel it's very important,
and...but I also haven't heard them say on the other issue on the development agreement that
needs to be corrected that they can't sell it to anybody el -...that doesn't have a 500-room hotel
in the City of Palm Desert.
RAS That's going to be looked at before...
JF Well I would move approval, subject to a successful resolution...on second reading of the
assignability issue, the indemnification and hold harmless issue, and the day care fees.
RAS Okay. Is there a second?
RSK Second.
RAS Please vote.
SRG Motion carries by 4-1 vote with Councilmember Benson voting no.
RAS Next...pub-...item on our public...
REE Your Honor? Could I be so bold as to request that if you have a special Council Meeting
between now and December loth, that the second reading be considered then if, in fact, the
legal documentation is all taken care of. And at this time, I'd like to take care of one other
thing by offering Councilwoman and former Mayor Jean Benson the fact that Marriott will
contribute $100,000.00 to the day care center.
RAS Well then maybe...we can get the other item resolved. The other item that we're talking about
is that if...the Marriott decides, for whatever reason, to...abandon this project and get someone
else involved, that the someone else must have a 500-room hotel.
REE I know that the attorneys are working on that, and...there's certainly no intent to abandon it.
But I don't know the exact language. I know that they worked very hard today, and I thank
your city attorney for spending so much time on this today to make this... meeting tonight
possible.
BAC How about this? That it be the sense of this body that should these issues be appropriately
resolved, that we are willing to gather in special session for a second reading.
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JF Absolutely. We have to wait, I'm just told by our city attorney...
DJE Five, five days between the first and second reading.
JF ...a minimum of five days.
RAS All right.
REE Tha-...thank you so much. Thank you for your support.
SRG Mayor Spiegel? Could you take action...Steve Smith just asked that you take action adopting
Resolution 98-108, because that's, I guess, different from the action you just took. Is that
correct, Steve?
RAS I think it's part of the same thing...
DJE There...there are two actions. One is the ordinance on first reading, the other action...
RAS ...888 and 98-108.
DJE ...is the resolution.
RAS Was that your motion to approve?
JF Mine was on the development agreement.
BAC And the others, as well, wasn't it?
JF I will add the resolution to it, as modified. Do we need to vote again, or is...?
SRG No, I'll just...we'll make sure that it gets added as understood.
RAS Please vote.
SRG Okay. Motion carries by 4-1 vote with Councilmember Benson voting no. Thank you.
JMB I would like to thank Mr. Fastman for that offer. And just to tell you the reason that we do ask
developers of that because we forgot to ask the Marriott a long time ago, when they first started
this problem. And...that I got that other 50,000 out of Tim Sullivan.
REE Thank you very much.
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For purposes of clarification, Councilman Ferguson moved to: 1) Waive further reading and pass
Ordinance No. 888 to second reading approving a development agreement, subject to successful resolution
of the issues of assignability and indemnification/hold harmless prior to second reading; 2) waive further
reading and adopt Resolution No. 98-108 approving Case Nos. PP/CUP 98-5 Revised, including a height
exception in the PR zone, TT 28818 Revised, and a Negative Declaration of Environmental Impact as it
relates thereto, subject to conditions. Motion was seconded by Kelly and carried by a 4-1 vote with
Councilmember Benson voting NO.
B. CONSIDERATION OF APPROVAL OF THE GENERAL PLANNING AND PREZONING
FOR FUTURE ANNEXATION OF PROPERTY NORTH OF I-10 AND VARNER ROAD,
EAST OF WASHINGTON STREET, WEST OF ADAMS STREET, AND SOUTH OF
FRANCES WAY; ADOPTION OF A DEVELOPMENT AGREEMENT TO VFST EXISTING
DEL WEBB SUN CITY PALM DESERT COUNTY OF RIVERSIDE APPROVALS; ,AND
CERTIFICATION OF AN ADDENDUM TO THE COUNTY OF RIVERSIDE
ENVIRONMENTAL IMPACT REPORT AS AMENDED FOR SPECIFIC PLAN NO. 281 AS
IT PERTAINS TO THE ABOVE Case Nos. GPA 98-5, C/Z 98-6, and DA 98-2 (Del Webb
California Corporation, Applicant) (Continued from the meetings of September 24, and
October 22, 1998).
The following is a verbatim transcript of this item.
Key:
RAS Robert A. Spiegel, Mayor
JMW John M. Wohlmuth, ACM/Director of Administrative Services
PD Phil Drell, Director of Community Development
RSK Richard S. Kelly, Councilman
JF Jim Ferguson, Councilman
BAC Buford A. Crites, Mayor Pro-Tempore
JMB Jean M. Benson, Councilmember
SRG Sheila R. Gilligan, Director of Community Affairs/City Clerk
RAS The next public hearing item is consideration of approval of the general planning and prezoning for
future annexation of property north of I-10 and Varner Road, east of Washington Street, west of
Adams Street, and south of Frances Way. Adoption of a development agreement to vest existing
Del Webb Sun City Paim Desert County of Riverside approvals and certifications for an addendum
to the County of Riverside Environmental Impact Report as amended for specific plan. Could I
have the staff report, please?
JMW Phil Drell will give it.
PD Yes, we have...in two...delayed items before us on this...item. One is the specific...discussion of
the Del Webb proposal, and...second is how it relates to the expanded potential annexation for all
the areas north of I-10. Start with the more general question, relative to the entire annexation, I'm
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passing out a report that summarizes the recommendation of the Annexation Committee upon
analyzing the fiscal impact report, of which I believe you have the most current...draft which came
this morning. Based upon the...fiscal analysis and the...our contacts with all the other property
owners in that area between Del Webb west...to, but not including Tri Palms Estates,
the...Committee recommended that we...hold off...going forward with the Del Webb annexation
as an isolated application and initiate the process for...preannexation zoning, et cetera, for the
remainder of the area as you see...cross-hatched out...on the map behind you.
RAS That's a fringe -toed lizard area in the middle, right?
PD Correct. Correct.
RSK (Unclear)
PD So on the right, on the east side is Del Webb; you have a triangle area of rather...a number of small
property owners...south of...extension to Frank Sinatra. And then on the west, you have a
succession of basically four large property owners-- one... called North Star, which is an approved
plan in the County, then you have another project that was originally approved as...as a residential
development called Center Point, then you have Jack Ivey Ranch, and then you have a vacant
area...west ofJack Ivey Ranch. The...the conclusion of the fiscal impact report was that whether
we...when they looked at Del Webb in isolation...or when they looked at the entire area, there was
a... an initial deficit generated by the annexation. That deficit was smaller when you took, into
account the entire area, basically the deficit was population -serving generated...the majority of the
property to be...the additional property to be annexed will not nearly have the population density
that we have in Del Webb. In either case, it is a modest deficit, which would be erased...in two or
three years. So the recommendation would be to...hold up on Del Webb and pursue and initiate
the annexation for those other properties.
RAS Hold up on Del Webb?
JF Yeah.
RAS And not annex Del Webb at all?
PD Oh no, hold up on Del Webb until...
RAS (Unclear)... -understood you.
PD ...until we have...completed, and then we would submit one application...
RAS One application for the whole...
PD ...for the whole area. While we're doing that, we still have some, a few unresolved issues with Del
Webb in their... development...preannexation development agreement. We recommend that since
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this is actually an open public hearing on that issue, that we would close that public hearing...and
bring those unresolved issues back to you when they're resolved...
RAS Are you asking that we don't vote on it tonight?
PD Correct.
RAS Okay.
PD Continue that item, and...well not continue it, close the public hearing and then...
RAS I can open the public hearing first...
PD ...continue the issue to come back when we have...resolved those issues.
RAS All right. All right then...this is a public hearing, and I will open the public hearing and ask if
there's anyone in the audience that would like to address the Council on the annexation. (Pause)
Then I'll close the public hearing and...ask if the...pleasure of the Council.
BAC I have some questions.
RAS All right, fine.
BAC But I'll wait my turn.
BAC First question is on land area. One, I assume that the blank center is the...Coachella Valley
Preserve?
PD Correct.
BAC Is there any net plus or minus in terms of annexing that?
PD Probably not, but...
BAC I'd like to see it explored.
PD Sure.
BAC That's item one...
PD We will have discussions with the Conservancy.
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BAC Okay. Item two, what are the reasons for the lines stopping at the northern boundaries where they
are right now? And I'm not arguing that's right or wrong, but I want to know what the rationale
is that we ended right there...both there and at the other one. Yeah. Why are we...?
PD Those...get included...large pieces of property...again, we can explore further...we just looked at
what was a...given one of our goals as being...control of development along I-10...including those
properties, accomplished that goal.
BAC I understand that, but now, I'm...
PD We can build on.
BAC ..just asking that we...you know, that we look. I do not know, even from my point of view, what
the right answer to that is, but right now, I think we ought to look to the north, and then as we
decide to scale back, we so scale back. And the same kind of question involves over on the
righthand side, to the north of Del Webb, we have, you know, little jigsaw kinds of boundary
issues, and at some point, at least, I'm gonna' ask why is that piece in and this piece out, and so
on and so forth. And I don't find any of that data in front of me this evening, and I think that's
important. So...
PD Correct.
BAC Okay. On the study, I have, or do you want to talk boundaries, everybody first and then go to the
study. I have some questions, or at least some things I think need to be looked at. Okay. Starting
on page three-- in the first paragraph it notes that...page three of this...
RSK (Unclear)
BAC All right, and the figures are back there, and...whether they're decent or not, a lot of that depends
on what's up front, for me. So anyhow, number one, in the first paragraph we have the fact it
doesn't consider any potential impacts from Prop 218 votes, and what I don't have in here is what
kinds of potential impacts are possible from Prop 218 issues in those areas. And it could be the
answer is none, it could be a lot, but there's nothing in here...it says it doesn't consider 'ern, but
it doesn't tell me what they're not considering, which may be significant or not. Two paragraphs
down...the study does not analyze future capital improvement, and so on and so forth, and certainly
most areas that are annexed in the City do not have the things that we necessarily expect the City,
at some level or another, but we are reaching out here now into an area that probably has...has
more of that potertial cost, my guess is, than anyplace we've looked at in this City's annexation.
And I'd certainly like to have some perception of the kinds of things that we're looking at out
there. As an example, I know that CVWD and the Army Corps of Engineers, and so on and so
forth, are looking at master flood control projects and things like that, and all this is in a special
district because of it, and so on and so forth. And I want to make sure at least that we're
knowledgeable about it, at least I'm knowledgeable about that. On page eight, on our fire tax do
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we use...do we inflate that two percent a year for revenue projections? As far as I remember, it's
been $48.00 forever.
JMB No.
JF Right.
RAS Mrnm hmm.
PD Yeah.
RSK Yes, but we do have the right to take it up to sixty.
PD Correct.
RAS Yeah.
BAC Well I understand that, but why put in a two percent inflator for something we have never'ever
done as an anticipated revenue source.
RAS Right.
RSK No, that's right.
BAC It isn't...
RSK I'm not going to consider it while I'm around.
BAC Well...
RAS Yeah.
BAC ...so, "X" it out.
RSK ...(unclear) get out of there and let (unclear)...
RAS Right, good point.
BAC Under administration...
RAS What page?
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BAC ...which is page nine, the bottom paragraph, the analysis assumed no new positions, equipment, or
major operating costs would be incurred as a result of the annexation. Well if that's true, let's just
annex the whole Valley...
RAS I think we should.
BAC ...under the same assumption. I...I think...
RAS Does that include police?
BAC No it's not a police. No, this is in-house staff, and to be honest, if we can do everything that needs
to be done out there without any more of us doin' it, there's another question that somebody's
liable to ask.
JMB Well I had that down too, because it says that we'll add a population of 11,374 with no new
positions, and right now we have 109 employees handling 33,000 people, and I don't think they're
going to be happy with 11,000 more.
BAC So at least I want to know why the analysis I...I understand they assumed that, I want to know how
sane they thought they were when they made that assumption.
PD Okay.
BAC On page ten, on insurance...it estimates our cost doing this, this, and this, my one question is,
maybe it's been done, did we ask our insurance company whether or not they agree with RSG's
estimate of what they think our insurance will change. `Cause I'd like to know if that's really what
they think. On page I I, at the very bottom under community development...
RSK (Unclear)
BAC ...it would be nice to know whether or not staff concurs with the fact that all land use related
services will be offset by fees, and if that's true, it'd be nice to have concurrence, and if it's not
true...
PD That's...that I can speak for, that is true.
BAC Okay. On...page 12, in public works, it assumes under the word "public works," for purposes of
this report, it is assumed that the current level of service of maintenance programs is sufficient to
the community's needs. Heck, if that was true, they wouldn't want to annex. You know, I mean
a whole part of why people annex is because the current level of maintenance isn't sufficient. Poor
Dick Folkers, when we got into Palm Desert Country Club, had umpteen decades of backlog of
County not tending to its business of road paving and everything, and street sweeping, and code
enforcement, and, and, and...so I wond-...how valid is that assumption? I...I'm at least suspicious
of that. Then on the last, or on, oh, on page 13, at the top under parks and rec...no anticipated
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financial impact, it would be sort of nosy just to find out whether or not it will have any impact at
Desert Willow. Because we're changing the golf fees for a potentially significant number of people
who use the course, or we're changing the number of people who use the course, et cetera, et
cetera, and I think it's worth at least looking at that issue rather than assuming there's no financial
impact at all on...on our sports programs. Under capital improvements, the funding sources for
improvements within area one and two are not identified due to the fact it's not been developed,
addressed. Well somewhere before we go very far, we ought to at least try to identify what we
think those sources are going to be, because the last thing we need is to annex a bunch of people
who expect something from the City that we don't intend to do for the next 15 years.
RAS Right.
BAC Or that we're taking money from someplace else to accomplish, or something, or that we're not,
and we can do that. At least it needs to be there. And last, under street maintenance, I guess I'd
like to see a staff confirmation that a three percent increase, which includes maintenance, slurry,
et cetera, et cetera is, indeed, a realistic figure under that kind of thing. And those are my few
comments.
JF Well, and not to undermine your confidence in RSG any further, but on page six, we may want to
tell them that our TOT is nine percent, not ten percent. 1.
JMB I wondered about...I wondered when we raised it to ten without knowing it too. '� 1i
PD (Unclear)...the amended plan has been revised...
RAS Yes.
PD ...to be nine percent. The one that was just sent out yesterday.
BAC The revised revised?
PD The one that you should have gotten this morning.
RAS Yeah. We really haven't had a chance to take a look at that...(unclear)
PD No, that was corrected, and the good news is when we...pointed out that mistake, they identified
an area where they had erred on the low side, and the change...
BAC Remarkable.
PD ...the change...the decrease in revenue that we got from the nine percent to the ten percent was far
less than the increased revenue they identified from the property transferred...property transfer tax.
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JMB I had one more that I read in here, I can't tell you the page right now. But someplace he's
assuming that we did 25% rebate from the Riverside County on property taxes. We had to
negotiate that with Palm Desert Country Club, it didn't say any time we annex they're going to give
it to us.
PD Correct. I guess the...the third shoe to fall in this whole deal is that we've already initiated the first
contacts leading to discussions with the County on the whole revenue sharing issue, which
presupposes that these assumptions that we've lived with in the past will continue on in this deal.
And that's...that's a big question.
JMB That has to be clarified in there. I guess my other comment was that I didn't know that we had any
code enforcement officer that only made $27,000.00. I didn't think we had anybody that made
$27,000.00. That's a little low salary, I think, for the City of Palm Desert.
RAS Except for Council.
(Laughter by Council)
JMB Except for Council, right.
RAS Or Planning Commission. Councilman Ferguson, you were...were you finished with your
comments?
JF Yeah, it just...overall, I...when you go back to these people, I wish they would apply the same level
of scrutiny to the North Sphere that they did to Bermuda Dunes, which according to them was so
horrible they didn't...couldn't be bothered to talk about it in any great detail. And yet made
sweeping assumptions in favor of a North Sphere annexation, and if they would apply the same
level of scrutiny to all lands that we've asked them to analyze, including the ones raised by
Councilman Crites tonight, I would appreciate it. I think this is what, their fourth amended version
of this report?
PD Yes.
RAS Councilman Kelly.
RSK Well the whole thing is, in lots of ways, subjective; making a lot of estimate, and when I read
through here and I'm evaluating it, I consider that I have as much expertise doing that as they do
sitting here for as ling as I've been sitting here going through all of these and...being...on the golf
course. You know, in my mind when I see the golf course, I...I'm thinking in my mind about what
I think is going to increase the residents' play, and...that's a problem we're having right now...and
maintenance cost, and it's definitely going to have an effect. If...we didn't have the second course
opening up, it'd be a terrible impact. We do have the second course, which is going to soften it
quite a bit; that's the kind of thing that they can't...they don't know as well as I know, and I know
that we just opened up a second course, and so for a couple years, we can stand more residents'
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play. But you know, down the line when we have all those hotels, hopefully that we have,
there...then it would be a problem. So I'm not as much concerned about the finite detail as I am
getting a feel for the whole thing. And when I read it through and think about it, and I guess...I
also think well, what about the citizens today-- does this benefit them, or does it not benefit them?
If I'm...if in my mind...I feel like...economically sound, and it does benefit our citizens, then it's
something we ought to do, and I can see where some control over how that north side of the
freeway is developed is going to benefit our citizens. On the other hand, for awhile, it might be a
bit of a problem, but then sooner or later, even economically it's going to probably, I'm sure in my
mind it will be sound sooner or later. But anyway, I don't disagree at all with looking into all the
things that you said we ought to look into.
RAS Thank you. Jean, do you have anything else that you...?
JMB No.
RAS Well just a couple of comments really to echo what you said. We're fortunate, in my opinion, that
we have the cities of Indian Wells and Rancho Mirage on either side of us, `cause they have fairly
high standards, and just because you go across Highway 10, people don't know that isn't Palm
Desert. And we have a fairly...good sign ordinance, in my opinion, we don't allow billboards, but
how would it look on Highway 10 if you had billboards going down one side and not down the
other side. Who would know it isn't Palm Desert? In looking at the figures, in my opinion, the
estimates on sales tax, based on the land available that could be made available for commercial on
Highway 10, on the north side...are very low. And I could see many more dollars coming in. Also
the hotel occupancy tax, in my opinion, is low-- because one of the developers over there,, as I
understand it, is planning on building a hotel in the very near future on a golf course that he plans
to build. With that said, I agree with everything that Councilman Crites said that need to be looked
at, and one thing that maybe we should look at, I don't know that we can do a heck of a lot about
it, but is school district. You get across that side of the road, and all of a sudden you're in the Palm
Springs School District, as I understand it. And right now we've got a problem with part of our
City being in Palm Springs School District, it's the newer part of our City that's being developed
now, and...one of my objectives, and I don't know whether I'll be able to accomplish it, is to make
the City of Palm Desert in one school district-- be it Desert Sands or whatever, be in one school
district so that all the kids that go...that live in Palm Desert can go to Palm Desert High School.
I really feel that that's the way it should be. So anyway with that...
JF I would move that we continue this indefinitely until staff can bring back the entire North Sphere
package.
RAS Is there a second?
BAC So seconded.
RAS Please vote.
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JMB And I suggest when you do get it all together that we have a special study session on it rather than
bring it back to Council; that we have it presented with all the sides and everything on it in a special —
session.
SRG And the motion carries by unanimous vote.
For purposes of clarification, Councilman Ferguson moved to continue the matter of the Del Webb
Annexation request indefinitely until the entire North Sphere Annexation matter could be brought back to the
Council for its consideration. Motion was seconded by Crites and carried by unanimous vote.
C. CONSIDERATION OF THE SALE OF MOBILE HOME LOTS #18 (APN
NO. 622-351-018-9), #98 (APN NO. 622-351-098-0), AND #134 (APN NO. 622-351-134-9)
LOCATED AT 43-155 PORTOLA AVENUE (PORTOLA PALMS MOBILE HOME PARK)
AT FAIR MARKET VALUE (JOINT PUBLIC HEARING WITH THE PALM DESERT
REDEVELOPMENT AGENCY).
Ms. LaRocca noted that there were three proposals for the purchase of the subject lots by the
existing tenants of those lots at Portola Palms Mobile Home Park. She said lot numbers 1 ' and
134 had been appraised at $22,500.00, which was the same as the offer from those tenants; and
lot number 98, on the greenbelt, appraised at $25,000.00, which was also the offer from the
tenant. She stated staff recommended acceptance of the offers.
Mayor/Chairman Spiegel declared the public hearing open and invited testimony in FAVOR of or
OPPOSED to the matter. With no public testimony offered, he declared the public hearing closed.
Councilmember/Member Benson moved to: 1) Waive further reading and adopt City Council
Resolution No. 98-137 authorizing the Palm Desert Redevelopment Agency to sell the subject mobile home
lots; 2) waive further reading and adopt Redevelopment Agency Resolution No. 364 making and finding
that the sales price for the lots is not less than their fair market value in accordance with the highest and
best use under the Redevelopment Plan for Project Area No. 1 Amended. Motion was seconded by
Ferguson and carried by unanimous vote.
D. CONSIDERATION OF VACATION OF STREET RIGHT-OF-WAY FOR TAMARISK
ROW/PALM VALLEY COUNTRY CLUB (Palm Valley Homeowners Association, Applicant).
Upon question by Councilman Kelly as to what initiated the subject vacation, Mr. Folkers
recalled it was at the request of Southern California Edison. He added that with some of the
development which had occurred, Edison had vacated some of its easements, and there was no
longer a public purpose served by the property.
Mr. Folkers responded to Councilman Ferguson's inquiry regarding why Palm Valley
Homeowners Association was listed as the applicant by stating that their property was adjacent
to the vacation, and they would receive the property back as part of their development. He said
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procedure dictated that for any such public facility, half of it went to each adjacent property
owner, and in this particular situation, it would return to Palm Valley HOA.
Councilmember Benson asked if the subject property could become a jogging path. Mr. Folkers
stated the property was approximately 1.07 acres.
Mayor Spiegel declared the public hearing open and invited testimony in FAVOR of or OPPOSED
to the subject vacation of street right-of-way.
MR. BOB ROSE of 38-280 Plumosa Circle, Palm Desert, stated he was President of the Palm
Valley Homeowners Association and that the City of Palm Desert had requested the vacation.
He believed his association had already obtained the necessary permits to build a maintenance
facility on its land, which prompted proceedings for the subject vacation. He reported that after
checking with the association's attorney, he was advised to proceed. In response to Councilman
Ferguson's question, Mr. Rose didn't feel the matter was terribly important, noting that it was
really unusable land. He said the association really didn't have any use for it, and the property
was adjacent to the railroad tracks.
Mayor Spiegel declared the public hearing closed
Councilman Kelly commented that about two years ago, a meeting was held with staff and City
Manager inquiring about a recreation trail from Washington to Monterey. He said through that
entire area, the only hang-up was Emerald Desert RV Park, noting that he felt uncomfortable
when that project was approved as he thought the area along the railroad tracks could have
served another purpose. He mentioned that conversations had occurred about the possibilities
of a regional park and a school in the area and thought the land should not be vacated until an
exact purpose for it was determined. Councilman Ferguson concurred.
Councilman Kelly moved to deny the subject request for vacation of street right-of-way. Motion was
seconded by Ferguson and carried by a unanimous vote.
E. CONSIDERATION OF APPROVAL OF A ZONING ORDINANCE AMENDMENT AS IT
RELATES TO CITY COUNCIL ACTION TAKEN ON RECOMMENDATIONS OF THE
PLANNING COMMISSION, MUNICIPAL CODE SECTIONS 25.82.060 AND 25.84.080,
ACTION BY THE CITY COUNCIL Case No. ZOA 98-6 (City of Palm Desert, Applicant).
Mr. Drell noted that the subject matter was initiated as a result of the confusion which occurred
over the recent Walgreens project. He stated the requested action clarified that the Council did
not have to refer denials back to the Planning Commission, only modifications to bring cases
into compliance with State Planning Law.
Upon question by Mayor Spiegel whether denials could still return after a one-year period, Mr.
Drell responded affirmatively.
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Mayor Spiegel declared the public hearing open and invited testimony in FAVOR of OPPOSED to
the subject case. With no public testimony offered, he declared the public hearing.
Councilman Ferguson raised the question of whether or not the City had to be compliant with
a Government Code Section since Palm Desert was now a charter city and free to establish its
own procedures. He did not feel that anything would be gained by returning modifications to
the Planning Commission, unless further input was desired; he felt the Council should have the
flexibility to request changes and then take a final action. Mr. Erwin responded that the City
had the ability to do so.
Councilman Ferguson moved to: 1) Direct that the City not follow Government Code Section 65857
by deleting the remainder of the last paragraph of Exhibit "A," Section 2 of draft Ordinance No. 901,
making the last sentence, "If the Council finds that the change is not consistent, it shall deny the application
pursuant to a resolution of denial;" and 2) waive further reading and pass Ordinance No. 901 to second
reading with the aforementioned modification. Motion was seconded by Kelly and carried by a unanimous
vote.
Councilman Ferguson reiterated his previous request for a list of available modifications to the
City's Municipal Code in its status as a charter city to be evaluated by the Council for
implementation. Mr. Erwin stated he and the City Manager were in the process of drafting such
a list and hoped to provide it within two or three weeks.
F. CONSIDERATION OF APPROVAL OF A PRECISE PLAN OF DESIGN, PARKING
MODIFICATION AND EXCEPTION TO THE HEIGHT LIMIT FOR THE REMODEL OF
BUILDING ARCHITECTURE, PARKING LOT, LANDSCAPE AREA, AND NEW RITE
AID BUILDING AT PALMS TO PINES PLAZA EAST, THE AREA BETWEEN
HIGHWAY 111 AND EL PASEO, EAST OF PLAZA WAY AND WEST OF COLUMBIA
CENTER (APN NOS. 640-170-005, -006, AND -008) Case No. PP/CUP 98-16 (American
Investment Group/Palm Desert; LLC, Applicant).
Mr. Steve Smith, Planning Manager, stated the subject project required Council's action due
to its inclusion of tower elements which exceeded the zone's height limit, some of which were
50 feet. He noted the Code permitted tower elements through an exceptions process, as was
done with the Lucky Store at Deep Canyon with 46-foot tower elements, Embassy Suites at 52
feet, Courtyard Motel at 46 feet, and Desert Crossing at 46 feet. Upon question by Council,
he said the bank building was 30 feet. Council then reviewed drawings of the proposed
project.
Mayor Spiegel declared the public hearing open and invited testimony in FAVOR of or OPPOSED
to the project.
MR. ALEC GLASSER, Managing Member of the property owner, noted the center's recent
underperformance, and felt it was desired that an upgrade be performed. He noted the project's
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intention to demolish three buildings, totaling 23,744 square feet of the present site, and replace
them with one, large box building to be occupied by RiteAid with 16,702 square feet,
representing an approximate 6,000 square foot reduction in gross leasable area. He added the
project intended to construct an additional building, to the rear of the old Sprouse -Reitz building
on the easterly end of the property, with 3,000 square feet; therefore, the net reduction in gross
leasable area would be 3,000 square feet. He commented that staff did not recommend the
additional building because it would reduce the current parking ratio from 4.3 to 4.2, pointing
out that reduction did not result solely from the 3,000 square foot building. He stated there
would be a major redesign of the parking area on the Highway 111 side, moving the property
boundary in to permit the new rights -of -way for the curb cut onto 111. He added there would
be extensive new berming on the northerly side to improve the property's attractiveness, noting
that it was the reduction of land area that resulted in the lower parking ratio. Additionally, he
said that because of the use of the big box style architecture on this property, rather than isniall
shops, his organization felt 4.2 was reasonable. He requested the Council eliminate condition
number 10 of the resolution of approval, which recommended deletion of the 3,000 square foot
building. He further requested that the Council modify condition number 18 of the resolution
which prohibited exterior telephone facilities, citing the difficulty in accessing the indoor
facilities and tenants' objections to having indoor phones which often disrupted their operations.
Upon question by Mayor Spiegel whether Mr. Glasser agreed with the remainder of condition
number 18 with regard to vending machine and cart storage, Mr. Glasser replied he did.
MR. GLASSER said he believed the current two-story bank building was higher than 30 feet,
adding that the subject buildings were back from Highway 111, with the Chevron station on
Highway 111, and felt their 50-foot tower height request was reasonable. When asked by
Mayor Spiegel whether he would consider modifying the towers, he said if it was the consensus
of the Council, he would; however, their objective was to create a successful landmark for the
site.
Councilmember Benson commented that outside telephones lent themselves to loitering ybuth
and eventual theft of the telephone box. Councilman Kelly said in the present day prevalance
of cellular telephones, he felt outside pay telephones were unnecessary and concurred with
Councilmember Benson that they not be allowed.
Mayor Spiegel declared the public hearing closed.
Councilmember Crites differed, stating many people did not carry cellular phones and noted he
often saw many fine people using the exterior phones in front of Von's. He commented that
often he needed to use a pay telephone outside of regular business hours.
Councilman Ferguson offered that two exterior pay phones were available at the Chevron station
and reminded his colleagues of the pay phone situation at the corner of San Pablo and San
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Gorgonio. He then said he took issue with the project's height, parking variance, and the
3,000 square foot building.
Councilmember Crites noted with regard to the parking issue, that it was already underparked
at 4.3, and the Planning Commission recommended leaving the area where the small building
was to be built as parking. He said over time, if it was found the additional parking was
unnecessary, the applicant could request to build there and felt it a fair concession. At this
time, he preferred to err on the side of more parking and to stay away from beginning with
something that was below standard (i.e. Lucky Center, Ruth's Chris).
Councilmember Benson felt the height exceptions were unacceptable and did not add to the
character of the building. Councilman Kelly asked, since there was some question as to how
high the elements actually were, that they be clarified, since he did not consider height elements
designed to enhance a boxy building's aesthetics a violation of height limit as he did a building
being higher overall.
Mayor Spiegel expressed appreciation to the developer for taking on the project and felt it made
the site look 1000% better. He concurred that the height elements seemed too high. He
proposed referral back to Architectural Review with Council's comments to work with the
developer to design a different height. He concurred with Councilmember Crites arid" the
Planning Commission that the 3,000 square feet not be approved at this point.
Councilmember Crites proposed the Architectural Review Commission also review the project's
color scheme, especially for the tower elements.
Councilmember Crites moved to grant conceptual approval to the project and congratulate the
developer for undertaking the project with direction to: 1) Retain the parking standard as approved by the
Planning Commission at 4.3 with possible future consideration of the additional 3,000 square feet; 2) refer
back to Architectural Review Commission issues of tower heights, color, and rear elevation on El Paseo
to be as attractive as possible and as little like the rear of a shopping center. Motion died for lack of a
second.
When questioned by Councilmember Benson whether the Sandpiper development had been
noticed of the subject public hearing, Mr. Drell responded they were noticed for both the
Planning Commission and the City Council public hearing.
}
MR. GLASSER,stated that since they had entered into relocation agreements with certain
present tenants and time was of the essence, he requested that the Council approve resolution
of the matter with Architectural Review without having to return to Council.
Councilmember Crites offered that the project could be approved without the towers. Mr. Drell
referred to the drawing and commented that the center tower of the project was 42 feet.
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MR. GLASSER responded he was amenable to a 42-foot height for all the towers.
Councilmember Crites moved to waive further reading and adopt Resolution No. 98-139, approving
PP/CUP 98-16, as modified with a maximum overall height of 40 feet and referral of the issues of project
color and rear elevation richness along El Paseo to the Architectural Review Commission for
recommendation back to Council. Motion was seconded by Ferguson and carried by unanimous vote.
XVII. ADJOURNMENT
Mrs. Gilligan noted that dates needed to be set to review applications and vacancies for the
City's various committees and commissions and to interview prospective appointees to same,
noting that terms of office expired December 31.
With Council concurrence, Monday, November 23, 1998, at 2:45 p.m. was set as a date to review
applications, and Wednesday, December 9, 1998, at 8:00 a.m. was set as the date for
committee/commission applicant interviews.
Upon a motion by Ferguson, second by Crites, and unanimous vote of the City Council, Mayor
Spiegel adjourned the meeting to an Adjourned Joint Meeting of the City Council and Redevelopment
Agency on Monday, November 23, 1998, in the Administrative Services Conference Room of the Palm
Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, CA 92260. Said Closed Session to be held
pursuant to Government Code Section 54957 regarding Public Employment:
ATTEST:
SHEILA R. GILL3GAN, CIT LERK
CITY OF PALM DESERT, LIFORNIA
Titles of Positions:
City Manager
City Clerk
Redevelopment Agency Executive Director
City Attorney
ROBERT A. SPIEG
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