HomeMy WebLinkAbout1998-10-22MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, OCTOBER 22, 1998
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I. CALL TO ORDER
Mayor Benson convened the meeting at 4:03 p.m.
H. 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:
Ramon A. Diaz, City Manager
--- 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
Rachelle D. Klassen, Deputy City Clerk
III. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of October 8, 1998.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 19, 20,
19PD Office Complex, and 20PD Office Complex.
Rec: Approve as presented.
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REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 22, 1998
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C. CLAIM AGAINST THE CITY (Derivative Claim of Claim #360) by Donald Lee Faulkner in
An Unspecified Amount.
Rec: By Minute Motion, reject the claim and direct the City Clerk to so notify the
Claimant.
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Don Os, Inc. for Don O's
Restaurant, 42-455 Washington Street, Palm Desert.
Rec: Receive and file.
E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Sunrise Colony Restaurants,
Inc. for Indian Ridge Country Club, 76-375 Country Club Drive, Suite B, Palm Desert.
Rec: Receive and file.
F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Donna Lou Maxey for
Epicurean Garlic Shop, 73-405 El Paseo, Suite 33-D, Palm Desert.
Rec: Receive and file.
G. MINUTES of the Housing Commission Meeting of July 8, 1998.
Rec: Receive and file.
H. LETTER OF RESIGNATION from Mark Ross from the Civic Arts Committee.
Rec: Receive with sincere regret.
I. REQUEST FOR APPROVAL of Security System Agreement for the Palm Desert Soccer Park
(Contract No. C14990).
J.
Rec: By Minute Motion, approve the security system installation and monitoring
agreement with Protection Service Industries (PSI) for the Palm Desert Soccer Park
and authorize the Mayor to execute same.
REQUEST FOR APPROVAL of Security System Agreement for the Palm Desert Visitor
Information Center (Contract No. C15000).
Rec: By Minute Motion, approve the security systeminstallation and monitoring
agreement with Protection Service Industries (PSI) for the Visitor Information Center
and authorize the Mayor to execute same.
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K. REQUEST FOR APPROVAL of Construction Cooperative Agreement for Highway 111
Between Plaza Way and Highway 74 (CalTrans District Agreement No. 8-1051) (Contract
No. C15010).
Rec: By Minute Motion, authorize the Mayor to execute the Construction Cooperative
Agreement between the State of California and the City of Palm Desert for added
lanes, drainage, and resurfacing along Highway 111 between Plaza Way and
Highway 74.
L. REQUEST FOR APPROVAL of Change Order No. 2 to the Contract with Oaktree Learning
Systems, Inc. for Customer Service Training.
This item was removed for separate consideration under Item IV, Consent Items Held Over.
Please see that portion of the Minutes for discussion and action.
M. REQUEST FOR ACCEPTANCE OF WORK for Sidewalk Improvements at Various Locations
(Parkview Drive, Fred Waring Drive, Portola Avenue, Country Club Drive, and Warner Trail)
(Contract No. C14190, Project No. 699-97) (James E. Simon 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 APPROVAL of Contract for Janitorial Services with Desert Building
Services for the Palm Desert Visitor Information Center (Contract No. C15020).
Rec: By Minute Motion, approve contract for janitorial services with the same contractor
who provides these services at the Parkview Office Buildings for the Palm Desert
Visitor Information Center.
Mayor Pro-Tempore Spiegel requested Item L be held over and discussed under Item IV, Consent
Items Held Over.
Upon motion by Spiegel, second by Ferguson, and unanimous vote of the Council, the remainder
of the Consent Calendar was approved as presented.
IV. CONSENT ITEMS HELD OVER
L. REQUEST FOR APPROVAL of Change Order No. 2 to the Contract with Oaktree Learning
Systems, Inc. for Customer Service Training.
Councilman Crites expressed his concern regarding continuation of the program, since he
received negative feedback from employees and did not believe the change order was
appropriate.
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Mayor Benson also expressed her concern regarding same. She said the fee schedule was
confusing in what the contractor asked for this time. She stated she has also received feedback
from employees and received mixed reviews on the program and didn't feel it. worth
continuing.
Councilman Kelly did not understand why it was now service to each other.
Mr. Wohlmuth stated that phase one of the project was the assessment. Mr. Restivo met with
the Council and several employees to assess the needs before training was prepared. The
second phase was the training itself and that included two day -long workshops. As a part of
this program, Mr. Restivo met with a pilot group of employees who went through the training,
and the pilot group felt that the time was not adequate to complete the communication training.
They then recommended a full -day training for the communication aspect of the training
program. He stated that this was within the scope of work and in the budget. The change
order was for a full -day workshop for four groups versus a half .day workshop for four groups.
The training was planned for November and based on the experience with the pilot group, they
felt a full day was necessary. The money was in the contingency. When the training was
reviewed with Mr. Restivo, it was indicated there would be flexibility depending on the needs
of the City, and designed in some of that flexibility in the form of a contingency. Staff
recommended a full -day workshop be approved based on the pilot program.
Councilman Ferguson clarified that the requested Change Order replaced the half -day workshop
with a full -day workshop. He also clarified that the half -day workshop would be $3,100.00.
Mr. Wohlmuth stated the budget for the second day of training was $8,500.00 and to make that
second day of training a full -day, was an additional $3,000.00; or $11,500.00 for the four days
of workshop for the second day of training. He said this is an additional $3,000.00 over and
above the $8,500.00 that was budgeted for the half -day.
Mr. Wohlmuth confirmed that the City was paying approximately $3,000.00 per day and also
stated this included the training, materials and workbooks.
Councilman Crites stated that what the City was paying for three weeks work is well over half
of his yearly salary as a teacher at COD.
Councilman Ferguson stated that when Change Order No. 1 came up, he had already done the
work, it had been at the direction of Council members and the City Manager approved it,
which later was not confirmed. He asked if the work in question proposed, not already
performed, and if the Council was also allowed to say thanks, but no thanks to the offer.
Mr. Wohlmuth confirmed the work had not been completed to date. He stated if Council
decides to reject this Change Order No. 2, the plan to have four half -day sessions will be
conducted at the price that Mr. Restivo bid on.
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Councilman Crites moved to, by Minute Motion, reject Item L. Motion was seconded by Mayor
Benson and carried by unanimous vote.
V. RESOLUTIONS
None
VI. ORDINANCES
For Introduction:
A. 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).
Mayor Pro-Tempore Spiegel stated there were changes on the first draft of the Ordinance and
it was being returned to the Council for approval.
Councilman Ferguson asked why it was now simplified or what was simplified.
Mr. Drell stated all the categories had been virtually eliminated, and the subject ordinance just
controlled signs on public rights -of -way and provided for their removal. He added that
whatever went on private property was between the owner and the candidate; the current sign
Ordinance stated that signs should be gone when the election was over, otherwise they would
not be regulated. He went on to say that the subject ordinance was unanimously approved by
the Planning Commission, adding it was not just for political signs, but all non-commercial
signs.
Councilman Ferguson stated there was already a political sign ordinance, adding that the
political process had its own way of monitoring political signs. He said to change this to
non-commercial signs opened it up to non -profits, churches - - anything that did not have a
commercial motive which was on -going year round, and he did not want to be void of
regulation for on -going signage. He believed all the safeguards in the political process were
checked by the community at large, but it was different than a church or non-profit trying to
attract people on an on -going basis by erecting permanent structures on a right-of-way where
the City would have no control over the size, colors, or anything else.
Mr. Drell stated he did not believe this to be the definition of a non-commercial sign.
Councilman Ferguson stated an ordinance defined a non-commercial sign as a sign bearing a
non-commercial message, anything that did not advertise, announce, attract attention to places
for sale, lease, or hire. He added a church could be called a service because it held services.
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Mr. Drell stated that a non-commercial message included that which expressed a message or
idealogy.
Mayor Pro-Tempore Spiegel asked the City Attorney to return to Council his thoughts
regarding signs which weren't politically motivated and continue to the next meeting.
Councilman Ferguson asked how the City would distinguish a class of political speech from
that which would be considered commercial or non-commercial.
Mayor Benson stated that the part of the Ordinance that was changed to now read "the removal
of the sign within seven days after election", should be looked at if there is no election.
Councilman Kelly stated this could pose a problem with respect to what occurred when there
was no election.
Mayor Pro-Tempore Spiegel moved to continue the matter to the next meeting. Motion was
seconded by Ferguson and carried by unanimous vote.
For Adoption:
A. ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE
CHAPTER 10.76 PERTAINING TO TRAFFIC REGULATIONS FOR CERTAIN GOLF
CARTS ON CERTAIN STREETS, SUBJECT TO THE SAFETY GUIDELINES AND
OPERATOR RESTRICTIONS DESCRIBED IN THE CITY OF PALM DESERT GOLF
CART TRANSPORTATION PLAN.
Mayor Pro-Tempore Spiegel moved to waive further reading and adopt Ordinance No. $25.. Motion
was seconded by Ferguson and carried by unanimous vote.
B. ORDINANCE NO. 896 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF RIVERSIDE TO AUTHORIZE THE CONSOLIDATION OF THE CITY'S
GENERAL MUNICIPAL ELECTION HELD IN NOVEMBER OF ODD -NUMBERED
YEARS WITH THE STATEWIDE GENERAL ELECTION HELD IN NOVEMBER OF
EVEN -NUMBERED YEARS.
Mayor Pro-Tempore Spiegel moved to waive further reading and adopt Ordinance No. 896. Motion
was seconded by Ferguson and carried by unanimous vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 22, 1998
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VII. NEW BUSINESS
A. REQUEST FOR AUTHORIZATION TO HOST THE CALIFORNIA URBAN AND
COMMUNITY FOREST (CUCF) SUMMIT MEETING.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion: 1) Authorize staff to act as host for the
California Urban and Community Forest Summit Meeting; 2) authorize the appropriation of $2,500.00
from the Unobligated General Fund Reserves. Motion seconded by Kelly and carried by unanimous vote.
B. REQUEST FOR APPROVAL OF DESERT WILLOW CLUBHOUSE ARTWORK
CONSIDERATION.
Mr. John Nagus presented the sculpture for the Desert Willow Clubhouse. He stated the artist,
Mr. Paley, worked with the architect to integrate the piece with the clubhouse and felt the art
didn't actually have to touch the clubhouse, that it should conceptually fit the clubhouse. He
added that the piece was in cortense steel and brushed aluminum and would be situated outside
the main entrance of the clubhouse, as agreed upon by the artist and architect. He stated it
would be in the line of sight to Haystack Mountain and acted as a view finder to frame the
view and provided something grand in scale to fit the Desert Willow Golf Resort. He stated
it was approved by the Art in Public Places and Civic Arts Committees and had also been
presented to the Desert Willow Committee, although there were no Council members present
at that meeting.
In response to Mayor Benson's inquiry as to how it related to a clubhouse and golf, Mr. Nagus
stated that the artist was looking at the natural environment. He added the artist wanted to
evoke the shape of a palm tree rather than mimic and was also interested in the play of light
and shadow -- the line of site to the adjacent mountains. He stated that an important element
the artist took into consideration was the way the lighthit the different planes of the piece
throughout the day.
Councilman Kelly stated the Council talked about the piece of art blending into the
environment where it was placed. He stated he heard a description of the opening and wash
area and the view out of the clubhouse up to Haystack Mountain, and he couldn't see how this
sculpture related to the environment, or the golf course environment, the Coachella Valley, or
to golf.
Councilman Ferguson stated that however it related to golf, the desert pallet, or mountains and
what the City was doing at Desert Willow, he felt it the most visually alarming thing he had
ever seen and ran absolutely counter to the oasis effect that the City had spent millions of
dollars to create.
Councilman Crites suggested that the Art in Public Places Committee, the Council members
and the artist go through the process so that when a decision was made, it was made on the
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kind of data that the committees who have brought the recommendation and the arts
coordinator had.
Councilman Ferguson stated that he and the City Clerk had a conversation earlier regarding
drafts. He stated they both agreed that there was a certain .level of quality below which if
dropped, no matter how much time was spent editing, you would never come up with a product
that would be acceptable. He suggested that if those groups met, that they not start with the
subject sculpture as a rough draft and try to tinker with it. He stated the whole concept was
counter to what the City was doing, fundamentally and philosophically it should start over and
take another approach.
Mayor Pro-Tempore Spiegel stated that although he liked the clubhouse, he was not
overwhelmed with the entrance to the clubhouse. He stated he didn't know what the entrance
would look like but he needed to know what it would look like prior to making a decision on
the artwork at the entrance.
Mayor Pro-Tempore Spiegel moved to reject the art as presented and give the artist the Council's
comments and thoughts and have an ability to see the entrance of the clubhouse. Motion was seconded
by Mayor Benson.
Councilman Kelly stated that they were all elected, and he believed he was doing what was
asked of him. He felt that the artwork should be related to the environment and conservation,
culture, with the Indian Canyons, or something related to golf.
The motion carried by a 4-1 vote with Councilman Crites voting NO.
C. REQUEST FOR APPROVAL OF EL PASEO EXHIBITION GUEST CURATOR.
Mr. John Nagus explained that the Art in Public Places Committee recommended hiring a guest
curator to create a madic program for the El Paseo exhibition. He stated the current exhibition
would be in place for another year, and the guest curator would work closely with the galleries
and the Business Association, as well as the people along the street to make recommendations
to AIPP for inclusion in the show.
Mayor Benson stated she thought the idea was very good, and it gave them a year to get a
collection out there.
Mr. Robert Evans stated although he respected John Nagus and the work he had done, he
questioned the City's direction. He was unsure if a long-term strategy plan for the next ten
years had been looked at regarding the concept of Art in Public Places. He also questioned
what the purpose of the Art in Public Places was, specifically on El Paseo. He spent 14 to 15
hours looking at the artwork everyday and felt it was awful. He asked if the art on El Paseo
was an arrangement between the galleries, if it was meant to facilitate business for them or if
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it was a stepping stone for the City to move into more sophisticated artwork or more classical
work. He asked that these questions be addressed and more dialogue be considered before the
next step was taken.
Councilman Crites stated that the comments made by Mr. Evans tonight related to the tenuous .
nature of the link between the El Paseo Merchant's Association and merchants on El Paseo.
He stated much of what Mr. Nagus and the Art in Public Places proposed was in response to '
letters that all Council members received from the El Paseo Merchants Association with regards
to more direct input into the process. He added that the Council received comments good and
bad on the artwork and this program was an attempt to move it over there. He stated that some
questions arose about how the City guaranteed the galleries had input and how the end result
was not something that reflected on certain issues. He stated this was an attempt to get the
program to the people closest to the program.
Councilman Kelly stated the City had a good variety on El Paseo and that some pieces were
liked and some were not. He added not everyone liked the same thing, but adding that more
time was spent working with the people on El Paseo on this particular project over the last four
years than any other project.
Upon question by Mayor Pro-Tempore Spiegel, Mr. Nagus stated that the Art in Public Places
Committee would have an opportunity to review and ultimately approve any piece which the
guest curator selected.
Councilman Crites suggested that the guest curator begin at the earliest part of the curatorial
process with the kind of meeting Mr. Evans suggested that he would like to be a part of so she
can hear the variety of views of the merchants on El Paseo. He added that the City should not
make it exclusive to El Paseo merchants since it was a City project.
In response to Mayor Benson's inquiry regarding the similarity of the El Paseo Merchants
Association and the Chamber of Commerce, Mrs. Gilligan stated that every business located
on El Paseo was required to belong to the El Paseo Merchants Association.
Councilman Ferguson concurred with Councilman Crites' point of view that at some point it
had been too deferential to the El Paseo Business Association. He stated there is a community
of people who had an interest in El Paseo, not just the people who were right on it, such as the
people who lived on Shadow Mountain and who traveled through it, walked it, and the people
of President's Plaza - those weren't members at least on the north side of the parking lot-- all
had an interest as a community in El Paseo. He stated that the City was mindful to work with
the Chamber although the Chamber didn't represent every business in Palm Desert, so it should
also keep in mind that it was not just the El Paseo Merchants Association who benefited from
El Paseo.
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Mayor Pro-Tempore Spiegel moved to, by Minute Motion, approve the Art in Public Places
recommendation to select Ms. Valerie Miller as Guest Curator of the El Paseo Exhibition, with services
as Guest Curator paid in an amount not to exceed $5,000.00 (Contract No. C15030). Motion was
seconded by Crites with the addition that the City pass on to the guest curator the sentiment of .the Council
that open meetings with merchants on El Paseo, as well as other interested parties around the community,
should be conducted to have open and inclusive discussion of these issues. Motion carried by unanimous
vote.
D. REQUEST FOR AUTHORIZATION TO BID LANDSCAPE SERVICES FOR SPORTS
FACILITIES (PALM DESERT SOCCER PARK, COOK STREET SPORTS COMPLEX,
OLSON FIELD, AND RUTLEDGE FIELD)(CONTRACT NO C15040).
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, authorize the City Clerk to advertise and
solicit bids for the subject project. Motion was seconded by Kelly and carried by unanimous vote.
E. REQUEST FOR APPROVAL OF YEAR-ROUND CONTRACT FOR SHOPPER HOPPER
ROUTE NO. 51 (CONTRACT NO. C15050).
Councilman Kelly moved to, by Minute Motion, authorize the Mayor to enter into a contract with
SunLine Transit Agency for the operation of Route 51 (Shopper Hopper Route): 1) Operation and
maintenance of the City's Shopper Hopper and a second electric trolley owned by SunLine Transit Agency
from November 1, 1998, through May 31, 1999; and 2) approve an additional $13,500.00 to operate and
promote the service through May 31, 1999. Motion was seconded by Spiegel.
Mayor Benson suggested that the services needed to be more frequent. She stated that with the
Gardens on El Paseo the City would see more people on El Paseo and no one wanted to wait
a half-hour. She added the City should look at having another Hopper during peak season,
January to May.
Councilman Kelly stated the City's sales tax was extremely good and that the City owed
something back to the community which generated sales tax. He thought it a good idea to add
another Shopper Hopper, asking the staff to keep in mind the possibility of one that went back
and forth from the hotels.
Ms Lisa Constande, Environmental Conservation Manager, stated the contract approved last
season added the coming summer. She stated when it is brought before the Council in May
in preparation for the budget, it would include next summer. She added that the City would
be getting a year-round contract in the future. Ms. Constande also stated she was trying to get
the funding through the end of May, but the budget session will have the funding through the
summer. She added the service had been increased from five days a week to seven days a
week and the El Paseo route had added three new stops. She reported that it took twelve and
one-half minutes in either direction. Ms. Constande stated that feedback the City received
regarding the Shopper Hopper requested increased frequency as opposed to the look of the
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Shopper Hopper. She stated that if the Council wished to look into a third Shopper Hopper
hooking to the hotels, she would do so.
Mayor Benson stated the City might want to look at one dedicated to El Paseo rather than the
whole route. She added that most people would not park on El Paseo and then go to the Town
Center.
Ms. Constande stated that the hours were 10:00 to 5:00 p.m., as the Gardens would be open
until 9:00.
Mayor Benson asked that extended hours be reviewed for El Paseo in hopes that the merchants
will get the message that they should stay open until 9:00 p.m. also.
Motion carried by unanimous vote.
F. REQUEST FOR APPRWI, OF PUBLIC ART PROJECT AT HAYSTACK PARK.
Mr. John Nagus stated the project was the little pocket park that Ted Lennon created at the
corner of Haystack and Portola and Arts in Public Places Committee wanted to work on. He
added that the original development agreement released the developer from the public art
obligations by creating the park in an amount not to exceed $70,000.00 including an art
treatment. He stated the agreement did not specify what the treatment or percentage might be,
and in working with Mr. Lennon, he has agreed to pay $6,000.00 into the Art in Public Places
fund. He stated the money would serve as proposal fees for a national competition to solicit
artists to create design shade structures or benches and to take a site that was pretty minimal
and do something spectacular with it.
Mr. Nagus further stated that the Art in Public Places Committee decided on $150,000.00 as
an appropriate commission budget because it established a lot of land work. Adding it would
include design, development, installation, taxes, and artist fee. He stated there would be a five
percent contingency not part of the artist's contract so if something occurred there would be
a contingency. He added the Committee also allocated five percent return to the maintenance
reserve.
Mr. Nagus confirmed that it was existing AIPP money. Councilman Crites asked that Mr.
Nagus present to the Council a list of potential sites so when the Council voted on something
like this they knew what was being chosen by the City, what money was available, what was
left and what were the potential sites were.
Mayor Benson noted that the $150,000.00 for this particular project was disproportionate
considering the amount of $250,000.00 for the clubhouse.
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Mayor Pro-Tempore Spiegel suggested that Mr. Nagus educate the Council as to what the City
would get for $50,000.00, $75,000.00, $100,000.00 or $125,000.00 -- so the Council would
have the feel as to whether $150,000.00 was needed for a piece in that location.
Councilman Ferguson stated the residents would probably like to see a water -fountain since the
site had been a parking lot for utility vehicles for the last six years. Councilman Kelly
suggested a fountain he saw in Denver which was also a dog drinking fountain. He added,
with the amount of dogs in the neighborhood, it may be something to look into.
Councilman Crites stated he had asked Mr. Lennon to make an initial submittal of an art piece
for the corner and the Committee chose not to accept it. He added the Council needed to have
a history of how the park site came to be.
When asked by Mayor Pro-Tempore Spiegel, Mayor Benson replied Mr. Lennon contributed
$70,000.00 to the park.
Upon Councilman Ferguson's concerns regarding the guidelines given to the artists regarding
the national competition, Mr. Nagus stated that the City had a very specific artist terms of
reference, and added that nothing has been written for this project yet.
Councilman Crites moved to continue the matter in order to be exposed to the data that has been
suggested during this discussion. Motion was seconded by Spiegel and carried by unanimous vote.
G. REQUEST FOR APPROVAL OF ART FEES REFUND FOR DENISE ROBERGE.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, approve the Art In Public Places and
Civic Arts recommendation to refund art fees in the amount of $3,362.05 paid by Ms. Denise Roberge
for the Augusta Restaurant on El Paseo. Motion was seconded by Crites and carried by unanimous vote.
H. REQUEST FOR APPROVAL OF CONTRACT NO. C15060 WITH MICHELLE JAMIESON
FOR DESIGN IMPROVEMENTS TO THE CHILDREN'S SECTION OF THE
MULTI -AGENCY LIBRARY.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, approve an agreement for services in an
amount not to exceed $35,000.00 and authorize the Mayor to execute same. Motion was seconded by
Kelly and carried by unanimous vote.
I. REQUEST FOR APPROVAL OF TRAVEL BY LIBRARY COMMITTEE CHAIRPERSON
ELLA MANOR TO LIBRARY CONFERENCE IN OAKLAND, CALIFORNIA,
NOVEMBER 14-17, 1998.
Councilman Kelly moved to, by Minute Motion, approve the subject request in an amount not to
exceed $1,000.00. Motion was seconded by Spiegel and carried by unanimous vote.
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J. INFORMATIONAL ITEMS:
1. Progress Report on Retail Center Vacancies
Ms. Ruth Ann Moore, Business Support Manager, reported on the Palms to Pines
shopping centers. 1) The former bank facing Highway 111 would be subject to
another bank. She believed it was the Palm Springs Savings & Loan. She stated the
other space was being considered for a New York -style pizza parlor and the space
behind The Warehouse was signed as additional space for Fred Sands Relator. She
directed the Council's attention to the Vons area and stated that Jean's Fashion
Gallery would be open soon, leaving two spaces vacant in the Palms to Pines West.
She stated those vacancies were located on the east side of the Vons shopping
market. 2) Palm to Pines Center -- she stated it was 100% leased at this time. She
added that one business within the center will relocate to another Palm Desert
location next summer, adding that although it had not been announced, the move
would take place and a search for a replacement tenant was underway. 3) The Palms
to Pines East will undergo renovation. She stated this was approved by the Planning
Commission and will be brought to the Council on November 12, 1998. She added
the entire facade will be renovated. 4) Ms. Moore stated the project adjacent to the
Palms to Pines, called the Columbia Center, has approximately 4,500 square feet
available.
Ms. Moore announced five new stores for the Gardens on El Paseo. 1) Matlers, a
fine men's apparel store; 2) LaCoste Sportswear; 3) Building C would have Joseph
Abode, men's apparel; 4) Hugo Boss would be moving into Building E; and 5) Fresh
Produce, a women's and children's apparel store, would be located in Building G.
She added, that forty stores had now signed leases for the Gardens totaling 168,400 -
square fee, or' 85 % of the total project.
Ms. Moore stated she was informed that the Boston Market store at Desert Crossing
had closed. She stated the chain had filed for bankruptcy, and in their bid to
reorganize announced 178 store closings. She stated a meeting would be held with
the manager of Desert Crossing to discuss possible replacement tenants.
2. Progress Report on Desert Willow Clubhouse Facility
The following is a verbatim transcript of this item.
KU:
JMB Jean M. Benson, Mayor
RAD Ramon A. Diaz, City Manager
RA Rudy Acosta, RDA Development Manager
RAS Robert A. Spiegel, Councilman/Member
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BAC Buford A. Crites, Councilman/Member
RSK Richard S. Kelly, Councilman/Member
RJF Richard J. Folkers, ACM/Director of Public Works
JF Jim Ferguson, Councilman/Member
JMB Okay, the next is report... progress report on Desert Willow Clubhouse.
RAD Yes...Mr. Acosta will now give a report.
RA Good afternoon Honorable Mayor and Members of the City Council. There is quite a bit to
bring you up to date on the progress of the clubhouse tonight...since the last meeting. I am
gonna move through several items standing here at the podium and then there's some
renderings that I have to set up behind you, and I'll move up behind you to finish this report.
I guess, first of all, this morning we met with the interiors...design team, actually interior
designer of Impact Design out of Irvine. They are an award winning interior design firm that
came on board with us about a month ago to assist us on the clubhouse. If you will recall,
when you first saw the finalist, and we set 'ern up in the ACR for your review, I think there
was a number of you that pointed to a color and material board that you liked in terms of a
preference of colors and a preference of materials and fabric samples. And that is the very
same person that we have working with us. It might interest you to know that she has been
exclusively hired by Club Core also on a series of approximately eight clubhouses, so she
comes highly recommended. The outcome of today's meeting was mainly to take us to the
next level to be able to present to this Council and to the Desert Willow Committee our
recommendation for the interiors. This...therefore this morning's meeting was merely an
informal presentation. She did have color swatches, she did have fabric samples, she also had
material samples of the counter tops and the furniture pieces as well. From my side I thought
what I saw was very exciting. I think you're gonna be extremely pleased with what you'll
see...you'll have to keep in mind though that she has looked at it from the standpoint of similar
clubhouse resort -type clubhouses that also kicked into and in her thinking the types of things
that would be very important to us...for example, requirements for fire retardancy of the
materials, and also more critically the wear and tear so that we're not coming back four/five
years from now and replacing these items. So, I think at this point, what we've done is we set
November 4..18th for our target date to make that presentation. In the interim, I have
extended an invitation to Councilman Spiegel as the color boards and presentation materials
develop, that we could take a trip to Irvine, to her home office, and to review the progress of
the interior presentation. Another thing that we have done at this point now is we have
finalized the kitchen design. You recall a couple of meetings back I mentioned that we wanted
to look at this in light of the fact that we were getting a lot of attention...a lot of interest in the
use of this clubhouse. So we wanted to go back and make sure that we had the ultimate kitchen
that we could provide all of the services that we were hoping to service out of this clubhouse.
And so that has been completed as well at this point. Additionally, the structural drawings
have been completed and they are still in the review of the architect before they go to plan
checks and (inaudible) to Building & Safety. Additionally, we have finalized the electrical
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plans, the mechanical plans, and the HVAC plans as well. So everything is moving towards
what will ultimately be your question tonight is when are we going to get started. The
projection that we have now provided that the other items that I want to present to you tonight
are... meet with your favor is that we will start seeing mobilization the second or third week
of November. I would like to move to the other issues that...but first I want to set this up
and...that when the Council approved this particular project, they said...they voted in favor
of it but also asked us to revisit the parking lot design and the turnaround at the point of entry
for the clubhouse because there were a couple who voiced some concerns about that. Since
then, we have had several hours of discussion with not only our design team, but also City
Engineer and the landscape architect...everyone that we could involve in the project to bring
to you what we felt was our strongest recommendation. The drawing behind you doesn't show
the turnaround but let me...let me come behind you and I'll show you. A portion of the turn
around as exists...concerned was based upon some bad experiences with the turnaround at the
Indian Wells Resort. And we went and we checked that turnaround to find out what
similarities or differences there were. And there is a large difference in (inaudible) where this
is a flat planned turnaround and also in the way we feed...the feeder parcels as well...off of
that...off of our proposal. The... initially what we said was because of a development we were
considering back in the Fall of last year, we exercised the option to not complete this
turnaround until we had further studies. And therefore we had taken it out of the golf course
contractor's contract and placed it on hold until we saw what we were gonna have with the
clubhouse and with the eventual RFP's on the hotel proposal. At this date, we saw the problem
would be in the grading of the center portion of the turnaround and also the fact that it was not
clearly (inaudible) to the traveler...it had no line of sight to the other points of entry. The key
that we're recommending for this turnaround and how we treat it is that we treat it in such a
way that whatever we wind up deciding to place in this space in here, which is approximately
70, 75 feet in diameter, is to maintain the line of sight to the other points of entry...the
eventual conference center site, the hotel site and as well the clubhouse site from the other
points of the turnaround as you...as you make your path of travel. So long story short,
basically the recommendation is to maintain it as proposed and direct whatever design in here
to maintain lines of sight. It is important to note that we did allow an opportunity for those
who are proposing on the hotel sites to review that and analyze that and both of them came
back with a recommendation to maintain it because it worked well with their designs as well.
So...that's where we stand, that we recommend salvaging it the way that it would be most
prudent and economical at this point is we install it in time for the opening of the clubhouse
is now via change orders to this contractor here have them come in and complete what was not
finished.
RAS Let me...clarify this for me. Am I correct in saying that there would be three entrances to
three different entities off the circle?
RA Yes, sir.
RAS One to the clubhouse,two the hotel and three the conference center?
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RA That's correct.
RAS Now, what if there were two hotels? We talked about at one point about a large hotel and a
smaller hotel. Would you have another one?
RA Let me...let me...it's easier to see on this map. As you can see, in the core the project is a fair
amount...
RAS Yes...
RA ...the two parcels that you're referring to, the one to the northwest is the...what we refer to
as the conference center and the one to the south (inaudible) and the other one is southwest is
the hotel parcel. And...both (inaudible) different than the proposal one was using both and the
other was using the other. Both recommended keeping that (inaudible). Is there any other
questions on that, with regard to the turnaround? And the last item...
JMB Is that two lanes?
RA Yes, ma'am. The center...
JMB One way?
RA ...the center...yes, the center allows you to continue in the path and then you move in to the
turning lanes. We also...I don't know if I mentioned this, we also reviewed this with Joe
Gaugush as well before (inaudible)
RAS Will there be stop signs (inaudible) come out?
RA There'll...there'll be stops at the exits of the driveways.
JMB I guess what my concern was there were a lot going to the clubhouse and the hotel at the same
time it seems like that would be an awful jam up of cars.
RA We have...I don't have a rendition showing how we can alleviate that when we join the
two...until we have a proposal in hand...but we have studied that as well.
RAS If we wanted to enlarge the turnaround, can we do that?
RA Well..
RAS Widen it...
RA At this point, we would be encroaching upon some of the finished golf course features.
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— BAC Is there way off...in one of the things that makes rotaries or round-abouts, or whatever these
are called work in other places is that most of them at least provide some ability to free flow
into...into the traffic circle. Personally, I'm not sure that a system works that forces
everybody who goes on to that circle has to stop before they do...
RAS ...back up.
BAC ...right. This will back people up. I think...
RSK People don't have to stop when they're going in.
BAC No, I'm...
RSK When they come out.
BAC Right...they're coming out. Most of the (inaudible) in the eastern U.S. and Europe provide
some way to slide onto that without having every person stop, stop, stop, stop, stop...a
merging or...
RSK (Inaudible)
BAC ...yeah, like we have at...like at (inaudible)
RA That is...that is possible. That was (inaudible)...
RAS (Inaudible)
RA We do have a (inaudible) on these (inaudible)...
RJF Rudy, size -wise, how does that compare with the circle we have up Silver Spur?
RA I...I can't answer that because I am not familiar with the...Silver Spur.
RJF Okay, `cause I was gonna say that would give the Council some comparison.
RA This is about 120 feet in diameter. It is quite large.
BAC I would suggest that one person that staff look at making sure that we've applied a mechanism
for free flow merging on that so that we don't...I think as an example the Marriott, as you...as
you come up the main road...
JF Mmm hmm...
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BAC ...you come to that stop sign. You remember what they have to do at every darn time...think
of it going the opposite way...every time darn time they have an event they have to get
somebody...
RAS Back up there.
BAC ...out there and the darn traffic backs up all the way out into the street and they have to run
people through and so on and so forth and we all can do better than that.
RSK That's right turn... then this...
JF Yeah, make the outside line right turn only. Which means the outside lane as you turn in will
always be open.
BAC Right.
RSK The lane's open.
BAC So it's always got something so people don't have to stop coming out.
RSK Right.
RAS Okay.
JF. I think it could work.
RA The...the last item is with expression of the concerns of the circulation in and throughout the
parking lot. If you recall, one of the outstanding features of this particular proposal was that
this architect, having been well-known not only for his architectural capabilities, was also well
known for tying his project into sites. In...this particular proposal rated very, very high in the
way he married the existing site specific with the site adjacent. His proposal included the
creation of an arroyo that...park...sea of asphalt to park and focused on an (inaudible) point
(inaudible) line of sight from entry of the clubhouse to the arroyo and to the 18th green, which
is approximately here, on off to the geographical landmark that faced that mountain. There
was some concern about the length of this leg here as it was isolated from the major portion
of the parking on this side and whether there would be a need for secondary or an attachment
to...of these two parking spaces. As we looked at what we could do, because of the grade
differential, from the parking lot curved down to the bottom of the arroyo being 12 feet, the
only way to achieve that would have been to recommend building a bridge across the two.
This is a 70 foot span, it would be a very costly bridge in...in the neighborhood of about
$75,000.00 in order to make that. We looked at...well...aesthetics versus function. What are
the pluses and minuses. I think what most people were having a hard time in perceiving was
just how far this distance was...and it's really is no further than the shortest line of parking that
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we have in our City Hall parking lot. So...and I think...I think it is important to point that out
tonight because a lot of people kind of saw this as a very long corridor and having to travel to
the end and they could turn around. With that in mind, and also in consideration of the
artwork and how it tied in with the theme of the arroyo, is that we had a couple of questions
or I guess...to bring to your attention tonight. And...
JF Question. Is this a progress report or are we being asked to make decisions and vote on things?
RA The Desert Willow Committee asked us to...to come back to the Council with the options that
we proposed...the origin of the concern was here at the Council level. The question has always
been, "when are we getting started." This is holding up the process at this point.
RSK What is your recommendation?
RA Enough background in other words...okay. The committee's recommendation was to go back
with the City Engineers and with the designer and with the landscape architect. And
demonstrate how we can alleviate some of your concerns.
RSK (Inaudible)
RA Theirs too. By creating the path of travel here, into the drop off area and still maintain this,
but by dropping this island back a little further and moving the artwork to this island instead
of this island, we can still preserve a nice aesthetic feature here. We will widen that to allow
the right turn back into this parking lot as well and we have created a (inaudible) for
pedestrians to be able to walk from one path of travel to the entry of the clubhouse instead of
scattering all over...
JF
Could...can I make a suggestion...because Councilman Spiegel mentioned earlier, and I concur
with him that he was still unsure as to the entry features for our clubhouse. I understand the
architect's desire to have this nice flowing feature, which doesn't exist now...but which if we
do build it would require a 75 foot bridge, which raises in my mind serious questions as to why
we need it in the first place. But, unless I can consider the entryway with this traffic flow that
you're discussing in conjunction with taking a look at this, whatever you call it, creek is what
it looks like to me...
RAS Arroyo.
JF Arroyo, thank you. I guess I would like to see it all integrated and would really like to see the
entrance as well. And I thought that we had an informational item this afternoon. I wasn't
really prepared to redesign the parking lot and entrance to the clubhouse.
RAS I have another...basic...
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RA Well...
RAS ...question, and that is, where do the employees park? How many spaces do we have? Are
there enough spaces based on our code based on that size building?
RA The answer to your question is, yes, there is enough spaces. It was derived from the... staff s
recommendation for minimum parking space. There was some factor in there that we were
going to allow plus or minus, but typically the employees would park at the furthest distance
from the clubhouse to allow the closer proximity for both handicap accessible parking spaces
and for ....
RSK You're talking about clubhouse employees only. Will they park... (inaudible)
RA ...yes (inaudible) .. .
BAC You're not asking us then to change the change that we thought about was to build a bridge and
your suggestion is that we don't need to build a bridge and if what I heard is correct, it is not
any longer than what we have out here, I suspect we negotiate coming down an isle that length
is not enormous amounts of disturbance.
RA That's correct.
RAS You...you can (inaudible) down on this anyway, right...I mean as far as ....
JF Yeah...why is this delaying the clubhouse?
RA Because if I have to come in and build a bridge or modify this
• RSK (Inaudible) to build a bridge (inaudible)
JF Right. I guess my concern is that we had a Desert Willow meeting where we usually spend
several hours going through this with two Council members and then we come back to this
body and those two Council members give their input. I know the circle was much discussed
topic and the need for that arroyo was a much discussed topic. At the Desert Willow meeting
that you did this, through no fault of your own, you had no Council people there. So I feel
really disadvantaged to...I normally like spending that two hours going through this and
looking at different options and ....I would like that opportunity.
BAC Well, how about this. Does anybody see a need to stick a bridge there after what we've heard?
RAS No.
RSK I don't.
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-- BAC I don't.
JF No.
BAC There. Does that help you...
RA It helps me proceed.
RAS Okay. Put the shovel in the ground.
BAC And everyone sounds like they're in favor of leaving the rotary there except getting some help
to slide people in there and out.
JF I would (inaudible) ...
BAC Right. Now all we have is this little issue about how you want to (inaudible) the entrance...
JF And does that need to be done tonight or can we ...perhaps get the entry ...
RA I think...I think what I'm hearing is we're okay if I move this one way or the other...
RAS Yeah.
RA ...there is no...
JF Well, conceptually. I hate these "we're okay's" and then all of a sudden we get way down the
road...I would like to see the particulars but I...
RAS It doesn't have to control breaking ground.
JF Right.
RA I think....
RAD Madame Mayor...
RA ...what...
JF I wasn't planning on sitting here getting three decisions made under an information item,
particular when I and Councilman Kelly weren't at the meeting and would like a chance to go
through the particulars with you. Conceptually, I don't have a problem with anything that
you've said tonight.
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RA Absolutely.
JMB Well when you put that other overdraft in on this one, what are we changing...moving...
RA Merely moving this feature down...
JMB ...down.
RA To provide a better....
RSK One more lane of traffic
RA This island here?
JMB Yeah.
RA We've just....
RAD Madame...
RA ...this isle...
RAD Madame...
BAC This one is going this way, that....
RA ...this stays in place and this one (inaudible). That's the only change....
RAD Okay. Madame Mayor...Madame Mayor...might I suggest that if unless the other three
members of the Council...based on what they've seen, we don't want to see this again...that
Council approve everything in concept subject to the Desert Willow Committee analyzing that
little gizmo up there. Which, that little gizmo up there, I was one of the ones who also
objected to that in the meetings.
RAS I want to see the entrance to the clubhouse.
RAD And the entrance to the clubhouse. But that circulation thing, we can do that.
JF So...so we're clear...conceptually fine. The details need to be finally approved by Desert
Willow.
RA One question. When you say entrance to the clubhouse, are you asking for an elevation...
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RAS An elevation of what it's gonna look like when you get out of the car and here's the entrance
to the clubhouse.
JF Both ways.
RA Okay.
JF How the arroyo lends to the view coming out.
JMB When you get out of your car and walk up and get to (inaudible)...
RA (Inaudible) trying to do is drive you to go through what's there.
RAS And that's without the (inaudible)...
RA That's without...
BAC (Inaudible) take as little of the arroyo away as possible.
RA Absolutely.
JF Well...
BAC (Inaudible) traffic circulation.
JF Desert Willow will look at it and if we are going to recommend taking arroyo away, come
right back to you and this Council.
RA We wanted to show you the renderings (inaudible)
RAD Share the blame equal.
JMB We're glad you're not giving a report if that's the case.
With Council concurrence, Mr. Acosta was directed to proceed with the project as his plans
indicated, subject to review by the Council members of the Desert Willow Committee and after a
rendering of the entrance to the Clubhouse was provided to the Council for their suggestions
regarding final details.
3. Progress Report from the "Save The Rink" Committee
Mr. Ortega said that there was a land offer and counter offer, which would be further
discussed during the Closed Session portion of this meeting.
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4. Update on School District Boundary Changes
Mr. Diaz reported that he met with Ms. Charlene Timilione regarding various issues
on the matter, noting that Desert Sands Unified School District's continued position
was that if the matter went through the appropriate process and it was so decided,
they would be accepting of additional area providing the District received the
resulting revenues from the subject area. He said he hoped to have additional
information to report for Council's next regular meeting.
Upon question by Councilman Crites regarding the petition by residents of the
Kaufman and Broad development, Mr. Diaz said he was unaware of the petition's
current status, but said he would contact some of those residents as well as the
County Superintendent of Schools for this information. He further stated that the
City was keeping close tabs on what it could do to facilitate the matter.
Mayor Benson commented that when she, Mayor Pro-Tempore Spiegel, and
Mr. Diaz visited a local campus, one of the school board members perceived that
what the City was attempting was more of a taking of Palm Springs area. She
responded that the action was really an alignment of area that should have been
within Desert Sands' District in Palm Desert, aligning it with the City's boundaries,
not the same situation they looked at down in Indio where area was taken from one
sight to the other. She said the school board member replied with that approach,
they might be able to look at the issue differently.
NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED
72 HOURS PRIOR TO THIS MEETING.
K. REQUEST FOR AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH SUNLINE
SERVICES GROUP FOR TRANSFER OF THE FUEL CELL PROGRAM.
Mr. Wohlmuth said that following the budget year just ended, staff was directed to transfer
the fuel cell program to SunLine. He noted that SunLine had been working very closely with
the City, doing an excellent job accepting the fuel cell program from the City, and was
incorporating it into their existing programs for alternative fuels. He reported that City and
SunLine staffs had met numerous times to negotiate the details of the subject agreement. He
stated that the City had a financial commitment to the project in the amount of $300,000.00;
to date, it had spent approximately $95,000.00 of the $300,000.00, noting that there were other
in -kind contributions made. He said the balance of the money was to be applied to the
generation facility and the recharging facility that was once designed for the City, but would
now be located at SunLine. He said there would be a temporary recharging facility for City
vehicles in the same location, possibly somewhat enhanced, at the Corporation Yard Annex at
the Civic Center. Additionally, he said the old Corporation Yard would not be utilized as the
diagnostic center, as was originally planned; SunLine had developed an innovative idea to
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create a mobile diagnostic center with truck and trailer so that they could go to the vehicles,
as well as maintaining any future vehicles (buses, golf carts, neighborhood electric vehicles).
Councilman Kelly moved to, by Minute Motion, authorize the Mayor to enter into an agreement with
SunLine Services Group (Contract No. C15080) for the purpose of transferring the fuel cell program to
SunLine to fulfill the City's obligations for same. Motion was seconded by Spiegel and carried by
unanimous vote.
VIII. 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, and October 8, 1998).
Mr. Diaz stated that staff wished the matter continued to the meeting of November 12.
Mr. Erwin said that in his comments on the subject ordinance, he inadvertently neglected to
send them to Mr. Prawdzik. He felt it was important that Mr. Prawdzik be provided with the
opportunity to review same since he felt there was no particular urgency to the matter.
Upon question by Councilman Ferguson as to whether Mr. Prawdzik was provided with the
staff report and minutes of the meeting of September 10, Mr. Erwin responded affirmatively.
Councilman Ferguson said that as he read Mr. Prawdzik's letter and Mr. Erwin's response, it
seemed that.what Mr. Erwin was requested to do was totally different than what Mr. Prawdzik
would like to have done. He said if that was the case, then he suggested Mr. Prawdzik address the Council directly. He stated that he believed Council directed Mr. Erwin to implement the
Government Code procedures for conversion of mobile home parks through a procedural
ordinance which allowed the Council to consider the impact report required by State Law,
noting that Mr. Prawdzik wanted Council to adopt an ordinance which addressed the merits of
how the matter would be decided.
Mr. Erwin stated that was correct, and that Mr. Prawdzik talked about an entirely section of
the Code— no change of use but change of ownership, since that was the problem with which
Mr. Prawdzik was currently involved in Palm Springs. He added that was not what Palm
Desert started to do, and he recommended Council not take that type of action.
Councilman Ferguson was concerned that if Mr. Erwin provided his response, Mr. Prawdzik
would only come back with his change of use issue when Palm Desert was talking about park
closures. He added that if Mr. Prawdzik wanted Palm Desert to adopt a change of use
ordinance, perhaps it could be reviewed; however, it was totally different than the ordinance
the Council asked for.
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Councilman Crites thought it might be a good idea to visit with Mr. Prawdzik about the issue
to provide some clarity, as he was a bit confused by it himself.
Mr. Erwin stated that in plain language, staff tried to provide to Council and to any applicant
who wanted to close a park and change its use, some procedure to follow so it would not be
made up reactively but proactively. He noted Mr. Prawdzik really wanted the City to get into
a substantive exercise with regard to providing specific rights to tenants, not the issue Council
started off with, nor one he thought should be addressed.
Mayor Pro-Tempore Spiegel suggested a meeting of one Council member, the City Manager,
City Attorney, and Mr. Prawdzik prior to the regular meeting of November 12 in order to
facilitate a mutual understanding for the matter so that an inordinate amount of time was not
spent at the next Council meeting.
Mr. Erwin said he would suggest that he address Mr. Prawdzik one on one, to see if it could
be handled that way. He said if it appeared that the matter could not be resolved prior to the
Council meeting, then he would call upon one of the Council members to meet with he and
Mr. Prawdzik to clarify the issue.
Upon question by Mayor Benson as to whether the ordinance would be considered in a public
hearing prior to its adoption, Mr. Erwin responded negatively.
Mayor Benson said she wondered whether Mr. Prawdzik really represented anyone other than
himself since no one else had come forward to ask questions. She noted that the City was
trying to establish an ordinance on the City's initial purpose, but felt Mr. Prawdzik was trying
to rewrite it.
Mr. Erwin asked Council to recall that the subject ordinance was initiated at the request of the
Silver Spur Homeowners Association. He noted that in a couple of rent control cases, Mr.
Prawdzik might have represented that same association, but did not believe he was in this case.
Councilman Ferguson recalled that Mr. Prawdzik made a rather remarkable statement at his
last appearance before the Council in that he represented all the mobile home tenants in Palm
Desert. He said upon question about that statement, Mr. Prawdzik said he had represented
them at one time or another. He added that he did not want Mr. Prawdzik to turn his court
fight in Palm Springs into an ordinance drafting contest in Palm Desert. He said after receipt
of the request from Silver Spur tenants a year ago about this ordinance and after looking at it,
he felt comfortable doing what was asked by those tenants. He said if the City was to meet
with anyone, he preferred meeting with Silver Spur tenants and the other mobile home park
tenants from Palm Desert.
Mayor Pro-Tempore Spiegel moved to continue Ordinance No. B${ to the City Council meeting of —
November 12, 1998. Motion was seconded by Ferguson and carried by unanimous vote.
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B. REQUEST FOR AWARD OF CONTRACT FOR BLOCK WALL CONSTRUCTION AT
FORMER PALM DESERT WATER & SERVICES DISTRICT (CONTRACT NO C13580,
PROJECT NO. 683-97) (Continued from the meeting of October 8, 1998).
Mr. Wohlmuth said staff had been working with the Coachella Valley Water District (CVWD),
the contractor, and with Community Arts Manager John Nagus. He said first, he drove Mr.
Nagus to the two sites, and it was initially decided that the Portola/Fred Waring site was the"
most visible; therefore, it would be best to take the Portola/Fred Waring site out of the bid
document and look at it as a separate Community Arts project. He said CVWD asked the City
if it would install a temporary fence at Portola/Fred Waring in order for them to get the well
up and running, since there was a current need for an enhanced water distribution system in
the center of the city. He said the City agreed to take that site out of the bid, a temporary
fence would be created around that site, and Mr. Nagus would work with the schools,
S.C.R.A.P., or other such entities to develop a temporary art project on the temporary fence
while he retained an artist for the site through an RFP or RFQ process.
Mr. Wohlmuth said for the site at San Pablo and Royal Palm, CVWD and staff developed an
alternative solution, and rather than an art project, the well site would be aesthetically
enhanced. He said they decided upon a slump stone wall, eight feet high, with seven columns
veneered in flagstone. He said in addition, there would be a flagstone cap on top of the wall
�- to tie it all together and reported the group proposed a neoglyph type of concept to the AIPP
Committee for their review. He stated that approximately three -fifths of the site would be
walled by CVWD and two -fifths by the City; CVWD would wall the entire north side (the City
as one property owner on the half lot), and the other property owner and the entire east side
of the site would be the slump stone block wall built by CVWD.
Upon question by Councilman Ferguson whether an eight -foot wall was absolute, Mr.
Wohlmuth responded that an eight -foot wall was not required. He added that originally, a six-
foot block wall was designed; however, two problems existed, one was the grade difference
between the site and San Pablo Avenue, explaining that when CVWD set the chlorine
dispensing equipment and pump house, they would show over the block wall, even though the
two structures would be roofed with tile. He said there was approximately a one -foot elevation
between the sidewalk and the site itself, so that there would virtually be a five-foot wall on the
CVWD side, and a six-foot block wall on the City side; hence, the reasoning behind an eight -
foot block wall on the City side and a seven -foot on CVWD's side to cover the chlorine unit
and pump house.
Councilman Ferguson was concerned that nearly every neighborhood in the area had a six-foot
height limitation on perimeter walls, with a much larger roof structure on a residential unit than
a chlorine or pump house, and he thought the eight -foot wall would look out of place. He said
he still was not wild about a wall there; however, if the goal was to dress it up and blend it into
the neighborhood, he thought a six-foot structure would be better in addition to being less
expensive.
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Mr. Wohlmuth said it would be less expensive, and it could be done. He asked if the Council
minded seeing the equipment above the wall.
Councilman Kelly said he thought it would provide some variation to the line of sight.
Mr. Wohlmuth said the other two enhancements planned were through the use of landscaping,
as would be designed by Landscape Manager Jerry Clark and CVWD's Landscape Manager
Dave Harbeson, around the site to camouflage the span of wall. He said there would also he
a landscape planter along San Pablo and along Royal Palm.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, approve: 1) The design and construction
of a six-foot block wall as described for the well site at San Pablo and Royal Palm; 2) installation of
temporary perimeter fencing for the site at Portola Avenue and Fred Waring Drive with temporary artistic
treatment; and 3) retention of an artist to create a permanent artistic treatment for the perimeter of the well
site at Portola Avenue and Fred Waring. Motion was seconded by Kelly. and carried by unanimous vote.
IX. OLD BUSINESS
With Council concurrence, Mayor Benson suspended the Agenda in order to consider Item G
of Old Business.
A. REQUEST FOR AWARD OF BID FOR REPLACEMENT FLEET VEHICLES.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, award the bid for replacement fleet
vehicles to Villa Ford, Orange, California, for the following vehicles: 1) One (1) Ford F250 dedicated
natural gas pickup truck for $18,122.71; 2) Four (4) Ford Contour bi-fuel natural gas sedans for
$81,022.66. Motion was seconded by Kelly and carried by unanimous vote.
B. REQUEST FOR AWARD OF CONTRACT FOR THE COOK STREET MEDIAN ISLANDS
(CONTRACT NO. C14720, PROJECT NO. 588-99).
Councilman Crites requested that the matter be continued to the next regular Council meeting.
He and a developer along Cook Street had concerns for the increased amounts of paving done
on medians with decreased amounts of landscaping. He asked for the opportunity to review
the schematics of the plans for this project so that he could cast an informed vote.
Mayor Pro-Tempore Spiegel moved to continue the subject contract award to the City Council
meeting of November 12, 1998. Motion was seconded by Ferguson and carried by unanimous vote.
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C. CONSIDERATION OF PALM DESERT COUNTRY CLUB NEIGHBORHOOD TRAFFIC
MANAGEMENT PLAN (CONTRACT NO. C14980).
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, reject both proposals submitted by major
consulting firms for study of the Palm Desert Country Club area. Motion was seconded by Crites and
carried by unanimous vote.
D. REQUEST FOR APPROVAL OF LEFT TURN PROHIBITION AT HOVLEY LANE EAST
AND KANSAS STREET.
Mayor Benson noted that several letters were received this week with regard to the subject
request.
Councilman Crites proposed a letter be sent to those correspondents from the City suggesting
they communicate with the Palm Desert Country Club Homeowners' Association, the
organization which encouraged the subject approval.
Councilman Kelly felt there were many problems associated in proceeding with the request as
proposed. He said unless he was shown something drastically different, he was inclined to vote
against it.
Mayor Pro-Tempore Spiegel moved to continue the subject request. Motion was seconded by
Ferguson with the request that the item be continued until the new Public Safety Commissioner who was
appointed as liaison to the Traffic Subcommittee could be included in a discussion on the matter, with
subsequent report back to the Public Safety Commission for its recommendation on the matter to Council,
and carried by unanimous vote.
E. REQUEST FOR APPROVAL OF MOTHER/CHILD ARTWORK PROJECT FUNDING
CONSIDERATION.
Mayor Pro-Tempore Spiegel indicated he desired more information on the subject request and
corresponding recommendation, as he felt it was a substantial amount of funding being added
to the amount already appropriated.
Councilman Crites moved to continue the Mother/Child Artwork Project Funding consideration to
the meeting of November 12, 1998. Motion was seconded by Spiegel and carried by unanimous vote.
F. REQUEST FOR APPROVAL OF CIVIC CENTER PARK INTERPRETATIVE
INFORMATION PROGRAM. (CONTRACT NO C15070).
Councilman Crites moved to continue the Civic Center Park Interpretative Information Program to
the meeting of November 12, 1998. Motion was seconded by Spiegel and carried by unanimous vote.
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NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 —
HOURS PRIOR TO THIS MEETING.
G. CONSIDERATION OF APPROVAL OF A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT AND AMENDMENT TO A DEVELOPMENT PLAN FOR
A 183,094 SQUARE FOOT EXPANSION TO THE PALM DESERT TOWN CENTER AND
956 SPACE SINGLE LEVEL PARKING DECK. Case No. DP 12-79 Amendment
(TrizecHahn/Palm Desert, Inc., Applicant).
Mr. Drell stated that when he encouraged the Council to go beyond its previous conceptual
approval, it was based upon his desire to receive direction concerning the physical parameters
of the project, the building footprint and building height, since they were inherent in the
concept for the project to move forward. Therefore, he suggested that condition number 2 of
the subject resolution be amended to state that the physical parameters of the expansion,
including the footprint and height of the theaters and parking structure, were approved subject
to further review by the Council and approval of architectural details. However, he thought
that it had been established that the physical parameters of the proposed project were
acceptable. He said if that was not the case, then staff sought direction as to what items were
unacceptable so that the architect could pursue an alternative direction.
Mr. Diaz offered that the presentation materials were available for review.
Mr. Erwin said that there was some concern over whether all of the conditions the Council had
expressed were included in the subject resolution. He said after reviewing the transcript of the
discussion, and after a conversation with Mr. Drell, it was determined that additions could be
made to the proposed resolution on page two, condition numbers 2, 3, 4, and 5, as were
gleaned from the transcript. He said staff was concerned whether these were what the Council
intended to further review, but they were easily modified if Council so chose.
Councilman Ferguson said he had proposed Resolution No. 98-102 in the blue packet supplied
with the Addendum and a different resolution with condition numbers 1 through 6. He
wondered whether he heard correctly that condition number 2 was again amended to include
additional language.
Mr. Drell stated that condition numbers 1 through 6 were prepared by staff and Mr. Erwin
relative to the discussion that the resolution was approved with the exceptions as noted. He
said the proposed resolution was amended to identify the exceptions.
Mr. Erwin added that there was also some misunderstanding and/or disagreement about
whether the Council had, in fact, approved the resolution.
Upon question by Mayor Pro-Tempore Spiegel about the other matters mentioned, such as the
Robinsons May expansion returning to Council for ultimate approval, Mr. Drell responded that
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all the architectural details of the expansion, including the theaters and parking structure, would
return to Council.
Mr. Erwin felt the question was whether the Council had, in effect, agreed that the height of
the theater, the footprint, and the parking structure were okay.
Mr. Drell stated that it was requested that the project's physical envelope be approved with
architectural details to be concentrated on next.
Councilman Ferguson stated that as he reviewed condition numbers 1 through 6, he felt they
incorporated the Council's concerns-- the intermodal facility, integration of art into the parking
structure, height of the theaters, and that the project was approved subject to Council's ultimate
review of the final details.
Mr. Erwin clarified the concern of the Community Development Department was that if the
height of the theater was not acceptable, it needed to be addressed at this time.
Upon question by Councilman Crites if the words "detail" and "design" were synonymous,
Mr. Drell responded they were. Councilman Crites further asked if there were any problem
if condition number 5 ended after the word "available," as he felt not all the concerns were
simply for the three missing trees, but for the parking structure, theater, etc. Council
concurred with this sentiment.
Mr. Drell replied that it dealt with landscaping for the entire site, including the existing parking
lot.
Councilman Ferguson suggested that condition number 5 end at "further review and approval,"
instead of "when available."
Councilman Crites moved to waive further reading and adopt Resolution No. 98-102, as amended,
with condition number 2 amended to state, "That the physical parameters of the expansion, including the
footprint and height of the theaters and parking structure is approved subject to further review by the
Council and approval of architectural details," and condition number five stating, "That the landscape plan
is subject to further review and approval," approving DP 12-79 Amendment, subject to conditions and
resolution of architectural concerns for the project. Motion was seconded by Spiegel and carried by
unanimous vote.
With Council concurrence, Mayor Benson adjourned the meeting to Closed Session at 6:05 p.m.
She reconvened the meeting at 7:09 p.m.
With Council concurrence, Mayor Benson suspended the Agenda after reconvening to consider
the Awards and Presentations and Public Hearing Items prior the remainder of the Reports
and Remarks.
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X. REPORTS AND REMARKS
A. CITY MANAGER
None
B. CITY ATTORNEY
Mr. Erwin noted the items agendized for Closed Session consideration at this and the
Redevelopment Agency Meeting. He requested Council's consideration of the addition of an
item for Closed Session relative to Government Code Section 54956.9(b), Potential Litigation,
for one case, bringing the total to five items.
Councilman Ferguson suggested there may be another case which would also apply to the
Potential Litigation category; therefore, the total number of cases was increased to six.
Councilman Crites moved to add the aforementioned cases to Closed Session consideration at this
meeting. Motion was seconded by Spiegel and carried by unanimous vote.
1) Report and Action on Items from Closed Session:
Mr. Erwin announced the following items from Closed Session action taken at
previous meetings, which needed to be made for the record:
a) At the August 27, 1998, Regular City Council/Redevelopment Agency
Meetings, upon a 4-0-1 vote with Councilman/Member Ferguson ABSENT, a
Purchase and Sale Agreement with ACD2 for property at the southwest corner
of Highway 111 and El Paseo was approved.
b) At the October 8, ' 1998, Regular City Council/Redevelopment Agency
Meetings, two items were unanimously approved: 1) Approval of the Settlement
Agreement and Mutual Releases with the REFCO Companies and the City of
Palm Desert settling that litigation; 2) authorization conferred upon the City
Manager for settlement of claims against the City of Palm Desert in amounts not
to exceed $1,000.00.
2) Request for Closed Session -
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
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Significant exposure to litigation pursuant to Government Code Section 54956.9(b):
Number of potential cases: _6_
C. CITY CLERK
None
D. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action.
None
o City Council Committee Reports:
1. Report from the McCallum Theatre' s "Bowling For Bucks" Fundraiser,
Saturday, October 3, 1998 (Councilman Buford A. Crites).
Councilman Crites reported that the City was well represented at the McCallum
Fundraiser, and with the enthusiasm generated for this year's participation, he
expected to expand representation by a couple of more teams. He noted that
Palm Springs Lanes was nearly maxed out by this year's event. He expressed
his great appreciation to Mrs. Gilligan, Ms. Scully, and all who contributed to
coordination of the City's entry. He commented that a couple of years ago
when the Council voted to aid the McCallum, one of the directives was to go
out and broaden the center's base, its image, and to find a larger variety of
people to support the activities there. He felt this activity was a great way to
involve people in fundraising that was not traditionally considered as being
associated with fine arts, which all who participated greatly enjoyed.
Mayor Benson commented she also heard the event was very successful.
2. Report from Investment & Finance Committee (Mayor Pro-Tempore Robert A.
Spiegel).
Mayor Pro-Tempore Spiegel stated that at the recent meeting of the City's
Investment & Finance Committee, it was reported that for the first quarter of
fiscal 1998/99 (July, August, and September), the transient occupancy tax
(TOT) was $200,000.00 over budget projections, and sales tax revenues were
$100,000.00 more than the budget projection. Therefore, he said even though
it was a very hot summer, the City enjoyed some very good business.
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3. Rcport from Civic Arts Committee (Mayor Pro-Tempore Robert A. Spiegel)
Mayor Pro-Tempore Spiegel reported that at the recent Civic Arts Committee
Meeting, the $14,000.00 appropriated for the Palm Desert Children's Choir was
discussed. He noted that the good news was that there were 42 members this
year versus only 29 members last year. However, he said the group had
become very ecumenical in that of the 42 members, 13 were from Palm Desert,
13 were from La Quinta, 1 was from Bermuda Dunes, 2 were from Desert Hot
Springs, 7 from Cathedral City, and 5 were from Indio. He said it was more
of a Coachella Valley Choir than a Palm Desert Choir at this point.
4. Report from the Parks & Recreation Commission (Mayor Pro-Tempore
Robert A. Spiegel).
Mayor Pro-Tempore Spiegel noted that the Parks & Recreation Commission
received proposals for the skateboard/in-line skating park. He said the
proposals received were for amounts considerably more than what was estimated
for the project. He said at the moment, the Commission was evaluating the
possibility of only constructing the skateboard park since there really did not
seem to be many kids involved with in -line skating, adding that there were
temporary facilities that could be erected for an in -line skating rink for
competition purposes. He said he provided the information to Council since the
item may be coming before it for further consideration of only the skateboard
park.
5. Report from the Palm Desert Soccer Park Grand Opening (Mayor Pro-Tempore
Robert A. Spiegel).
Mayor Pro-Tempore Spiegel stated that on Sunday, October 18, the soccer
fields were dedicated. He said many of the local schools created birthday cards
for the City, and a first place award was planned for the best one as judged by
Council members. However, the Council felt they were all outstanding and
decided to award a first place to all, with "best of show" recognition going to
Lincoln School. He noted that staff was having a trophy designed that the
Mayor would present to Lincoln.
6. Report on CVAG Bicycle Grant (Mayor Pro-Tempore Robert A. Spiegel).
Mayor Pro-Tempore Spiegel reported that CVAG had made application for a
grant for bicycles to be utilized by the police and fire departments of the
Coachella Valley. He said they received a grant of 48 heavy-duty bicycles to
be presented to the various cities and fire departments tomorrow in Civic Center
Park at 10:00 a.m. He believed Mayor Benson and Councilman Ferguson
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would be in attendance at the presentation, and the City of Palm Desert would
receive four bicycles for its uniformed police.
7. Councilman Ferguson expressed his appreciation to Mayor Pro-Tempore Spiegel
for his foresight inviting Alec Ferguson, Councilman Ferguson's five-year old
son, to kick the first soccer ball at the Palm Desert Soccer Park. He said Alec
was still talking about it each night, in addition to his thrill at receiving the
Council -autographed soccer ball that he displayed on his bookshelf.
Mayor Pro-Tempore Spiegel said it was Mayor Benson's idea for Sabby
Jonathan to kick the ball, and Mrs. Gilligan suggested perhaps Councilman
Ferguson's young son would be a good choice, so he felt the credit should be
given where it was due.
XI. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
Please see individual items for discussion and action.
XII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION TO TIM SULLIVAN, MEMBER OF THE RECENTLY DISSOLVED
ECONOMIC DEVELOPMENT ADVISORY COMMITTEE, IN RECOGNITION OF HIS
SERVICE TO THE CITY OF PALM DESERT (Continued from the meetings of
September 24, and October 8, 1998).
Mrs. Gilligan noted that this presentation would be made at the next Chamber of Commerce
Mayor's Breakfast on Tuesday, November 10.
B. PROCLAMATIONS DECLARING THE MONTH OF OCTOBER AS "FIRE PREVENTION
MONTH" IN THE CITY OF PALM DESERT TO THE DESERT SANDS UNIFIED
SCHOOL DISTRICT, THE EASTERN DIVISION OF THE RIVERSIDE COUNTY FIRE
DEPARTMENT, AND THE HISTORICAL SOCIETY OF PALM DESERT.
MR. DAN CALLAHAN, on behalf of the Historical Society and all the people that worked
diligently on the Mini Muster to educate third grade students in the Cove Communities,
presented an award of merit to Mayor Benson for the City of Palm Desert. He also presented
an award John McLaughlin, Division Chief of the Eastern Division of the Riverside County
Fire Department, and certificates to the over 50 firefighters who provided much valued
participation in this year's event, especially Fire Station No. 33, as well as all the other stations
in the area.
Chief McLaughlin expressed the Department's gratitude for the recognition and support
provided by the Historical Society. He said the firefighters considered it a fun, yet beneficial
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event and felt it was the type of event that made a community strong with an enhanced quality
of life. He explained that the entire crew who participated in the program had just been called
out prior to convening the 7:00 p.m. session; therefore, he received the award on their behalf.
Mayor Benson expressed the City's appreciation to all who were involved in the 1998 Mini
Muster, and said how rewarding she felt the program was. She then presented certificates of
award to the following students whose artwork best represented the Mini Muster for 1998:
Shane Petitto of James Carter School, Jamie Stanley of Gerald Ford School, Lucas Pinon of
Abraham Lincoln School, and Kaylie Wallace of George Washington School.
Mrs. B.J. Callahan presented awards to all the schools who participated in the 1998 Mini
Muster.
XD I. 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. PP/CUP 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, and October 8, 1998).
Mr. Diaz stated that further continuance of this matter was requested to the meeting of
November 12, 1998. He offered, however, that the Applicant was in attendance with
renderings of the new, two-story units with enhanced appearance and asked if Council desired
review of the information at this time or at the meeting of November 12.
Council expressed its desire to see the entire presentation at the November 12 meeting.
Mayor Benson declared the public hearing open and requested testimony in FAVOR of or OPPOSED
to the subject cases.
NOTE: Mr. Marc Pevers provided testimony regarding the Marriott cases following consideration
of Public Hearing Item C.
MR. MARC PEVERS, 877 Box Canyon Trail, Palm Desert, stated that according to Mr. Jim
Kuyper, Marketing Coordinator for Marriott's Vacation Resorts, the Marriott Desert Springs
Villas North project was "in the bag, a done deal." He hoped that statement was wrong and
that the Council would cautiously deliberate the matter with its proposed downsized, two-story
units. He expressed appreciation for the letter he received from Councilman Ferguson on the
subject indicating how the Councilman intended to analyze the project. He stated that he might
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be out of town for the meeting of November 12. However, he still felt the timeshare statute
should be considered and that the project should be treated the same as was the Intrawest
project-- with a waiver of the timeshare statute-- since Marriott was not building a hotel at the
site, it did not fit within the scope of the timeshare ordinance. He went on to say that he saw
three ways to approach the issue, with one being the affinity argument, as testified by Mr. Tim
Sullivan, since there was a definite synergy with the existing hotel and the timeshare
development, as long as Marriott managed both. He said the problem was that Marriott did
not own Desert Springs, it was managed on behalf of 1,100 partners who controlled
900 partnership units, and Marriott was doing everything possible to tighten its control over
Desert Springs, attempting to roll up the limited partnership into a master partnership. He
stated that several of the partners told him they would vote against the measure, and if Marriott
Desert Springs survived the stand-alone partnership, it could be purchased by a competing
company, resulting in the loss of the association which provided for the subject project.
Furthermore, he stated that the Desert Springs Partners (200 of them) had filed a lawsuit in
Texas, in connection with other partnerships, alleging fraud, excessive management fees, and
breach of fiduciary relationship on the part of Marriott; the lawsuit would probably not be
heard until the end of 1999. He noted that there were seven other lawsuits, according to
Marriott, which involved other limited partners, and he said in Marriott's consent solicitation
it stated they could not predict the outcome of the aforementioned lawsuits; if the plaintiffs
prevailed, Marriott's management of the hotel could be impacted. He referred to the history
--- of many hotels in the Coachella Valley-- the Palm Springs Hilton (formerly a Sheraton), the
Holiday Inn (formerly_ the Sheraton Oasis), the Desert Princess was now a DoubleTree, etc,
meaning that Marriott could not provide a commitment for management of the property for
20 years, recognizing it would be unfair to even ask them. Therefore, he questioned the
soundness of the affinity rationale.
MR. PEVERS said it would be possible to repeal the statute, but he felt the floodgates would
be opened to small operators who would come in on Marriott's coattails, attempting to convert
motels into timeshares, which proved the validity of the ordinance. If the Council determined
the project should be approved, he proposed it be done with a waiver of the timeshare
ordinance with two conditions: 1) No public use of the timeshare golf course;
2) undergrounding of the high tension lines along Country Club Drive for the superblock on
the south side of the street at an estimated cost of $2.6 million. He said Councilman Ferguson
questioned that proposal, since it appeared a developer could circumvent an existing statute
providing it had enough money. Mr. Pevers compared his proposal to actions taken on the
Indian Ridge development, where he resided, which was a Mello Roos district and required to
pay several million dollars in school mitigation fees when virtually no students resided, in
addition to the $3 million paid towards the Cook Street interchange, which was not on the
property. He said Councilman Ferguson pointed out that his proposal required development
not on the Applicant's property. He felt there was a larger connection, the hotel was an
integral part of Marriott's marketing, noting that the project was named Desert Springs Villas
North, due largely to the success of their present timeshare development on the hotel property.
He noted that guests would be shuttled from Desert Springs Villas North to the hotel, which
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was an important part of their experience of buying a timeshare; therefore, he felt it should not
be considered a forced payment, but an improvement to the total development. He felt the cost
would only be one -tenth of one percent of the gross profit to be realized by Marriott. He
strongly believed that Palm Desert had fallen behind in undergrounding, and the visual blight
should be removed from the City.
MR. PEVERS reported that he was one of Marriott's limited partners, and he stood to
financially benefit from approval of the project by way of profits from sales of food, beverage,
etc. at the hotel; however, he would rather not see the profit and would rather enjoy
enhancement of the City's beauty. Therefore, he hoped Councilman Ferguson would
reconsider the points raised in his letter and felt, if followed, his proposal provided less legal
exposure from other operators by making this a special situation rather than ignoring the
timeshare statute, noting the fairness issue raised by Councilman Kelly. He stated there were
many economic reasons why luxury hotels were not being built, as outlined in the Marriott
consent prospectus, since there was no available financing, and they could generally be
purchased for less than the cost of new construction, which he noted might be a factor in the
successful recruitment of luxury hotels at Desert Willow. He added that the Intrawest
Timeshare development would enjoy a better view if the utility poles were removed; since he
felt, after looking at the Intrawest project, they would need assistance to be successful, as theirs
was an inferior product to Marriott's Desert Springs Villas. He offered to provide Marriott's
consent prospectus for the Council's review.
Councilman Crites moved to continue the public hearing for the Marriott application to the next
regular City Council Meeting, November 12, 1998. Motion was seconded by Spiegel and carried by
unanimous vote.
With Council concurrence, Mayor Benson suspended the Agenda at this point in order to
consider Public Hearing Item C.
B. CONSIDERATION OF APPROVAL OF A GENERAL PLAN AMENDMENT AND
CHANGE OF ZONE FROM MEDIUM DENSITY RESIDENTIAL (PR-7) TO PC-2
(DISTRICT COMMERCIAL) ON 9.1 ACRES WITH A PRECISE PLAN OF DESIGN
ALLOWING FOR UP TO 87,774 SQUARE FEET OF NEIGHBORHOOD CENTER AT THE
NORTHEAST CORNER OF COUNTRY CLUB DRIVE AND MONTEREY AVENUE. Case
Nos. GPA 97-6, C/Z 97-11, and PP 97-12 (F & M Associates, Applicant) (Continued from
the meeting of September 24, 1998).
Councilman Ferguson stated he would not participate in this discussion due to a conflict he had,
as one of his clients was an adjoining landowner to the proposed development.
Mr. Drell reported that staff made its report the last time the cases were heard and that there
had been no change to the project since that time. He noted that the purpose of this hearing
was to provide the Applicant opportunity to make his presentation, which was not given last
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time. He noted that based upon Council comments from the last meeting, in addition to the
resolution of approval, staff had provided a resolution of denial.
MR. TIM BARTLE1'I', residing at 73-382 Salt Cedar Street, Palm Desert, representing F & M
Associates, stated that he had come to the Council over four and a half years ago with a 40-acre
project including Merano homes on 31 acres, and at that time, an Albertsons-anchored
neighborhood shopping center. He said at that time, the PR-7 zoning of the residential was
downsized from seven units to four units in an attempt to upzone an intense corner to
commercial, and the Council felt there was no compelling reason to add another supermarket
to that corner. In retrospect, he said with the potential merger between Albertsons and Lucky,
that was probably a good decision. He said two years later, he brought another project which
had some of the same problems the tenant had today, namely the relocation from Lucky on
El Paseo to Deep Canyon, with a change of zone problem, multi -family residential and resort
commercial-- the general plan was amended, the zone was changed, and Lucky moved from
a store with failing sales to a new store with two and a half times the sales volume of its former
location. He felt it was well-known that the store at Monterey and Country Club had problems
of access, parking, and circulation, but said that Lucky's sales had dropped to 52% of their
1990 levels, partly from competition-- Von's Pavilions and Ralph's had opened since. He said
Lucky was likely to close its store sometime in the future since it would be economically
unfeasible to remain open. He felt the crux of the matter was the zoning issue, and he referred
to a Palm Desert zoning map posted on the wall behind the staff table, with the current markets
and their trade areas highlighted, Von's, Lucky at Deep Canyon, Ralph's of Indian Wells,
Von's at La Quinta, Lucky at 42nd and Washington, Ralph's at Country Club and Cook,
Lucky at Plaza De Monterey, and Von's Pavilions. He reported that customer loyalty to
markets had fallen; most customers with a busy schedule wanted to get in and get out of the
market. He said it was currently known that residents of Monterey Country Club, Hovley
Lane Estates, and even Sagewood drove through the corner of Monterey and Country Club to
go to Ralph's or Von's Pavilions in search of what the modern customer demanded-- expanded
delis, expanded bakeries, more impressive meat and seafood departments, and increased
selection of prepared foods, with frozen food sections nearly tripling in size, resulting in the
physical expansion of supermarkets. He said that American Stores had already investigated an
on -site expansion and found it unworkable; even if every tenant in the center was moved, a
poorly circulated center with poor access and poor parking remained. Therefore, it was
decided the only way to keep Plaza De Monterey alive and provide a store in Palm Desert was
to move them across the street, noting that the 40-acre original project planned for a
supermarket with the right-of-way dedication and street improvements to accommodate a
supermarket. He said the homeowners at Merano all signed a waiver with the knowledge that
the developer would request a change of zone from the City for a supermarket. He felt that
without approval of the subject change of zone, residents of the area would have to drive an
extra four miles to a supermarket, and the continued growth and progress of the City would
be retarded. However, he said the City had approved a change of zone and general plan
amendment for a failing Lucky Store to a new location, and while some felt American Stores
took an inordinate amount of time (about two years) to fill the location of the failing Lucky
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Store with an Office Max, he thought even staff would agree that these types of transactions
took time; the subject case had been a year in the works before being heard. He credited City
staff for their timeliness and diligence in processing the proposal. He noted that the .subject
project was somewhat different, adding that if the project was approved at this meeting, the
developer had to find an acceptable replacement tenant prior to any building .permit being
issued.
MR. BARTLETT said another major concern for the site was traffic. He displayed a map of
the vicinity with the ultimate plan for the year 2010, and commented that Marriott'straffic
engineer rated the intersection of Monterey and Country Club a "D," and F & M's rated it an
"F," which in layman's terms meant the wait at the signal was longer than at other intersections
in the City. He reported that the project planned to make the right-of-way dedications today,
by providing a large sum of money to make the improvements immediately, with work on the
northeast corner already done in preparation of a market -anchored center-- the free right turn,
the extra lanes on Country Club and Monterey, with plans to add another right turn on
Monterey. To facilitate the project, he said the property owner who owned the corner for the
project, as well as the other two corners, would be speaking tonight and was prepared to
dedicate the right-of-way necessary to make the other improvements (three through traffic lanes
on each leg, two left turn lanes, and a right turn lane on each leg of the intersection). He said
that no other intersection in the entire Coachella Valley would have this type of configuration;
Monterey and Country Club could never have accommodated this kind of intersection. He
noted that a supermarket did not peak during peak traffic hours (the a.m. and p.m. rush hours
and the lunch hour), that it was a good use for the site because it did not add to the peak traffic
hours, and if Monterey Country Club, Hovley Lane, and Sagewood residents were driving
through the intersection on their way to Ralph's or Von's, it only increased traffic. Therefore,
if the Council felt traffic was an overriding factor for this project, he felt their proposal turned
the problematic corner into the best possible intersection, as well as reducing the number of
trips for supermarket shoppers by providing a full service market. He reiterated the fact that
Lucky's overall sales had dropped to two-thirds of what they had been; however, it was learned
yesterday that their taxable sales had increased slightly, attributed to the present shopping trend
of purchasing more prepared foods and more frozen foods. He commented on the Council's
business friendly attitude, but that it was primarily friendly to its residents; and if Lucky moved
from its present location to another intersection, the fate of the existing center was dismal, the
anchor would be gone, and it would not be linked by a signal that was proposed in his project.
He referred to the retailers who testified at the last meeting and said their businesses were
going up 10% per year due to the increased trade area, with more permanent residents at
Monterey Country Club, Hovley Lane being built out, etc., adding that while their sales were
up, they were aware that Lucky's sales were down, yet they were linked because the smaller
stores relied on Lucky's traffic. He was not terribly convinced the smaller stores actually
relied on Lucky based upon the disparity in sales trends; but he gave the benefit of the doubt,
in that he calculated there were approximately 7,000 square feet of tenants normally found in
a neighborhood market (not fast food, dentists, nor television sales), and linking the two
centers with a signal would allow shoppers to continue the convenience they had enjoyed at
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Plaza De Monterey. He noted that many Merano homeowners looked forward to the project,
and he compared the Deep Canyon Lucky scenario where some Hidden Palms homeowners
were the largest opponents to the new store, but were now some of its biggest advocates-- they
walked to the market, and the project actually reduced the traffic noise from Highway 111.
He said while the residents of Merano whose lots bordered Monterey would not enjoy any
noise reduction from the building of this project, some of the residents which faced Country
Club would. He noted that there were numerous conditions for the project, each with multiple
layers to benefit the homeowners, resulting in their being won over to support the project.
MR. BARTLE 1'I said, therefore, he felt the issue was not traffic, nor the homeowners, as they
believed they had the support of the majority, noting that homeowners from Monterey Country
Club or Hovley Lane would probably not be vocal in their support even though most of them
expected a neighborhood market. However, he stated that some residents of the Merano
development would be heard tonight regarding their dislike for the ingress/egress from Merano,
since they felt it was a private street meant only for residents. He said the original proposal
did not provide for the entrance to Merano as a private street, it was a public street to serve
both the residential and commercial sites. He added that there were approximately 2,000
homes planned for the market area, one thousand immediately planned at Marriott with
approximately 1,300 planned for the southwest corner, meaning more shoppers for a full
service market. He stated that neighborhood centers belonged in the neighborhood to serve a
very `small area, two to three miles. He noted that the perception was prevalent that Country
Club Drive was residential in nature; however, he pointed out that at Washington and Country
Club, there were 30-40 acres of commercial, with 28 acres of commercial at Cook Street, more
than there would ever be at Monterey. He said it did make sense to develop more commercial
at the highest traffic intersections-- people were driving by as they went to work, to lunch, or
to buy goods and services, and if they had to drive further to get to goods and services, traffic
was increased.
MR. JEFF TIMBERS, Senior Real Estate Manager for American Stores Company, residing
at 8478 Fast Frostwood, Anaheim, CA, said he had worked on the subject project for the past
eight months and wanted to address a couple of issues. He said the store at the southeast
corner had decreased in sales approximately 45-48% over the last six or seven-year period,
enjoying its peak at approximately $539,000.00 per week in sales for an annual average in
1991, and it had steadily decreased to approximately $332,000.00 on an annualized basis
currently. He said this year's second quarter was approximately 8% below last year's second
quarter, which he noted was during the summer and normally the weakest quarter of the year.
He added that the store was still profitable, it would not be closed next week nor even next
year, but was still declining. He said that all retail facilities had a certain economic life, and
the subject store was in the last third of its economic life. He said the supermarket business
in general had gone to larger stores to be able to provide more services, more service
departments, and a larger mix of available food-- from what used to be fresh groceries and
produce to prepared groceries and frozen foods as shoppers had less time to prepare their own
foods. He predicted that at some point in the future, his organization would need a larger,
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more modern facility to serve customers of the trade area based upon the needs of those —
customers.
MR. TIMBERS went on to address the second issue, a letter from Joe Byrne of Burnham
Pacific Properties, where it was indicated Mr. Byrne was in discussion with American Stores
to reconfigure, remodel, or redesign the existing shopping center to accommodate an expansion
of Lucky. He said that a couple of plans had been reviewed by American Stores on its own,
without Joe Byrne's help, and he noted that Burnham Pacific only recently bought the balance
of Plaza De Monterey, possibly in August because at the Planning Commission meetingwhere
the subject project was approved, it had a different owner. He added that Mr. Byrne stood up
at the Council meeting in September and made some statements that Lucky did not need a new
building. He noted that Mr. Byrne had contacted him once at the ICSC in Palm Desert where
he apologized to him for "stabbing him in the back." He added that Mr. Byrne wrote him a
letter again apologizing and indicating his willingness to work with American Stores. He said
that several alternative plans had been reviewed for expanding the Lucky Store on site, and
none of them worked; it was an old facility with poor circulation and shallow parking lot. He
said the store would soon have run its economic life, as all did, noting that the Palm Desert
Town Center was undergoing major changes because the economic life of that center had
entered its middle or last third. He said it was clear from the numbers showing the store had
declined by 40% over the last six or seven years that it was not maintaining its competitiveness
in the marketplace and stated that both Von's Pavilions and Ralph's took sizable chunks from
its sales. He agreed with Mr. Bartlett's statement that it was fortuitous that the Council did not
approve the previous Albertsons at the location since Lucky and Albertsons were now merged --
once again, the components of the competitive changes in the marketplace. He stated he could
not tell the Council that the store lost money, because it did not, it was a profitable store.
However, he said at some point in the future the store would lose money, and Lucky Stores
would have to make hard decisions to remain competitive.
Upon question by Mayor Pro-Tempore Spiegel about the dollar per square foot sales in the
subject store last year as compared to the Lucky chain overall, Mr. Timbers said he did not
have exact figures in that format with him, but said they were right on the average for the
Lucky chain. He added that $330,000.00 per week was an average store for Lucky, stating
that the store was only slightly smaller than average at 49,000 square feet as Lucky has a range
of stores from as small as 28,000 square feet to as large as 80,000 square feet. He commented
that its sales performance had gone from outstanding to very good, to average, to slightly
below average currently, as it was near the end of its economic life.
Mayor Pro-Tempore Spiegel asked if it was the end of the store's economic life that happened
to the Lucky Store in Palm Springs, which was closed and still remained empty on Sunrise.
MR. TIMBERS replied that an entirely new store was built on the adjacent property.
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MS. STACIE WHITFIELD, 164 Via Tramonto, Palm Desert, stated that as a resident of
Merano she and her husband were very supportive of the new store being located adjacent to
her development.
MR. BOB MAYER, 4 Primrose, Rancho Mirage, CA, stated he was the owner of the three
other vacant corners at Monterey and Country Club. He said because there was a combined
ownership, he felt there was a unique opportunity to achieve intersection improvements which
would have been impossible to do previously. He added that he had already been approved for
frontage along Country Club and Monterey on the existing corner, and he felt there was a
marked difference already with the dedicated right turn and the widening of the street. He said
he was in the process, as a part of the conditions of approval if the project was approved, of
dedicating all the land necessary along the portion of the northwest corner of Country Club and
Monterey and the frontage along Country Club directly across the street from the southwest
corner. He said he also owned the southwest corner and had already agreed, as a part of the
conditions of the subject project, with the City of Rancho Mirage that if approved, he would
dedicate 1,300 feet of frontage along Country Club and about 2,000 feet of frontage along
Monterey for the widening of those streets. He said because of the project, the opportunity
was provided to make one of the poorest intersections into one of the finest. He said not only
would he be obligated to dedicate the land, but he was prepared to absorb the cost of all the
improvements. He added that as a part of the conditions, he was even required to pay a good
part of the improvement for the dedicated right turn lane from northbound Monterey to
eastbound Country Club traffic on land he did not even own (the existing Lucky center). He
said in the past when Bill Carver wanted to put an Albertsons on the site, it was denied
primarily due to traffic, and he felt those traffic problems were now solved with the conditions
imposed as a part of the subject approval. He noted that both Albertsons proposals were
initiated because the existing Lucky was not up-to-date. If Lucky was allowed to move, he did
not feel the existing center would be seriously impacted since the new center only contained -
a market, a drug store; and a couple of pads, in addition to the assistance provided by the
elimination of the serious traffic problems and the traffic light which would link the centers.
He referenced the Marriott Timeshare project proposed for Gerald Ford and Monterey where
part of the site was 20 acres zoned commercial at the corner of Monterey and Gerald Ford,
which would be taken out of commercial use by the development, reducing the available
commercial in the northwest quadrant of the City. He stated that nothing could be done on the
existing Lucky site until Lucky came in with a satisfactory candidate; however, if business
continued to decline, there was nothing to stop Lucky from closing its store without
requirement to substitute a tenant and all the control the Council might have had with the
subject approval would not apply.
MR. MARK KAPLAN, 152 Via Tramonto, Palm Desert, read a prepared statement of
opposition to the subject project. It was received for the record and made a part of these
Minutes as Exhibit "A."
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MS. JAN GOLD, 176 Via Tramonto, Palm Desert, disagreed with Mr. Bartlett's statement that
he had a consensus of support for the project; she was not approached, nor was anyone else she
knew of except for Ms. Whitfield, who was on the board. She said while some of them were
more interested than others, she felt she represented the feelings of many. She stated that Mr.
Kaplan had a petition that he asked her to take to one block, a cul-de-sac which was more
protected from the site than many of the other homes. She said that of the approximately
11 homes in the cul-de-sac, eight or nine were willing to sign the petition of opposition. She
added that after the last meeting, she spoke with Mr. Byrne, who, upon her suggestion, said
his organization was considering buying out some of the smaller tenants in the center in order
to increase Lucky's present store. She said her group was not opposed to Mr. Mayer's
placement of commercial on the site, such as a medical building or rehabilitation center that
would not have late evening traffic nor would involve food that often ended up thrown onto
the parking lot.
MR. MICHAEL CARLEY, 209 Strada Fortuna, Merano Subdivision, Palm Desert, stated that
he was a new homeowner in Merano, living there for two months in a home located directly
up against the subject project, on lot number 11 closest to Monterey Avenue. He added that
he was also an employee of Diamond West Homes as a real estate sales agent and had sold
several homes within the community. He noted that the development was approximately four
homes away from selling out on that phase of homes-- lot numbers four, five, and six were left
for sale, seven, eight, and nine had already been sold, ten was for sale, his home (11) was
sold, and lot 12 was sold. He said he personally told those people when they bought their
homes that the proposed center for the corner was to be a Lucky Store and a Sav-On Drug.
He said that he felt he was now going back on his word if the proposed project did not go in.
He questioned Ms. Gold's and Mr. Kaplan's statements that the majority of the homeowners
within Merano did not support the project-- the people he spoke with on a daily basis supported
the project. He said the community was not one of 35-year-olds, but a diverse community, and
the project would allow residents to be able to walk to the market and the drug store, making
it unique for Merano as well as for the surrounding neighborhoods. He added that the
developer came in to conduct several meetings with the homeowners, and it was stated they
would add to the project by putting a tunnel on the back to reduce noise, as well as a buffer
zone of 20-foot berm with lighted date palm trees, which would line the whole corridor of the
homes he sold. He felt the proposed market would be the best thing for the development,
noting he had lost a few sales because prospective buyers were unsure of what was going to
happen. He commented that some of the homeowners who opposed the project did not live
adjacent to it, noting that Mr. Kaplan lived across the street. He looked forward to the project
as a benefit, it would be buffered from his home as well as those he was selling. He urged the
Council's approval of an architecturally well -planned project.
Upon question by Mayor Pro-Tempore Spiegel about Mr. Carley's going back on his word that
the project would be there and who had guaranteed it, Mr. Carley said no one had guaranteed
him the project would be approved. Mr. Carley told prospective homeowners it was a
proposed store going in, the artist's renderings were displayed in the sales office, but he did
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not guarantee anyone that it would go through. He added that of the people who bought along
the border of the project, he knew one of them expressed their feeling that something should
be developed on the site that was workable with the community, and Mr. Carley told him he
believed it was.
MR. BILL YOUNG, 251 Corte Sol, Merano Development, Palm Desert, echoed Mr. Carley's
statements, adding that he lived on the cul-de-sac that Ms. Gold stated she had obtained
everyone's signature and was not even approached. He added that he and his wife had, in fact,
reduced shopping at the Lucky in its current location because of the traffic difficulties and had
gone to Pavilions instead. He said they enjoyed walking; therefore, the facility adjacent to the
development would be great, and he commended Mr. Bartlett for the amount of effort put into
the project which made it a dynamite one. He commented they were the first owners in the
development with the understanding that something would be developed on the site, and they
strongly supported it.
MS. JILL LOVINGFOSS, of 143 Via Tramonto, Palm Desert, voiced her support for the
relocation of the present Lucky to the northeast corner of Monterey and Country Club and
hoped it would be similar in appearance and service to the Lucky on Deep Canyon where she
enjoyed shopping.
MR. RICHARD FRANZ, 77-043 Iroquois, Indian Wells, CA, stated he was a principal in the
firm of F & M Associates and wished to say he was in attendance at the meeting and introduce
himself to the Council. He felt there was sufficient support for the project and added that they
felt the project would be good for the City and the neighborhood. He offered to answer any
questions the Council might have.
MR. DES MC CARTHY, 263 Strada Fortuna, Merano Development, Palm Desert, said his
was lot number 1, which did not mean that they were the first to move in, but they were within
the first six or so. He said he and his wife came to Palm Desert over two years ago
particularly because of the City's modernness, its innovation, its forward -thinking principles.
He said if Plaza De Monterey was examined, he felt it was a skeleton, and did not match the
standards of his modern house in its new development and felt modern facilities were deserved
on the same plot.
MR. DARRELL HOOVER, stated he resided at 18831 Von Karman, Irvine, CA, but had been
a part-time Palm Desert resident for about 15 years. He said he was the President of Diamond
West Homes, builder of the Merano project. He said he wanted to focus on two points, first
the total Merano project included 126 homes, of which 86 had been sold, and in light of the
things stated this evening with regard to lists, multiples, and majorities, he wanted to put some
perspective on them. He said there were 86 homes sold and owned with 10 in escrow, and
there were 30 others still unsold. He said Diamond West's long-term perspective was that
Merano would be sold out in April or May 1999, adding that when they took over the project
a year ago in June, prices ranged from $129,000.00 to $163,000.00. He stated they had
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continued to improve the product, the neighborhood, and they were now selling at $159,000.00
to $209,000.00, prices which had escalated dramatically much to the benefit of all Merano
homeowners especially the early ones, which several of them had put their homes up for sale
in the last four or five months to capitalize on the great equity they had earned. He said
several homeowners with opposing viewpoints who had been heard from lived three to five
blocks away from the site. He added that in the past three years Diamond West had done
7,700 homes in three states, facing this type of issue many times, usually they were the ones
opposing a commercial project as the builder of a community. He said F & M Associates came
to them early and were very proactive in dealing with the community, noting there were at least
25 conditions that had helped the Merano community with sharing the retention basin expense,
sharing half of the expense of the entry, which had always been public, and limiting some of
the egress. He added that the buffer zone with lit palm trees was very nice, he had not seen
a situation where the builder and community could extract as many concessions from a
commercial development and was very proud of that fact. He felt it was a tremendous
advantage for the homeowners. He said in terms of the Board of Directors, there was a
five -member board, three of which were Diamond West Homes representatives, and two
on -site Merano residents. He said they had one Merano member, Stacie Whitfield, and since
they took over in June 1997, there had been an unfilled position they hoped to fill at every
quarterly meeting by asking for that volunteer. He concluded by stating that with passage of
the resolution for commercial zoning, the developer was right where the Council wanted them --
they had not built, it was simply zoned, and a good thing for Palm Desert's future.
MR. TIM BARTLE1 Istated that if Mr. Kaplan's statement was believed, it inferred that the
project snuck up on the Merano residents. He stated that his organization had met with
homeowners starting in May, with approximately 28 in attendance, noting that at the end of
the presentation they stood up and applauded. Since then, he had given his business cards to
many, had stuffed their mailboxes on three occasions, had his sign on the corner with his
telephone number, and had made every attempt to meet with anyone who wished to do so. In
fact, he even met with Mr. Kaplan at his home, as he would have with anyone who asked. He
showed a picture which displayed the driveway, curb and gutter, which they felt was pretty
apparent to most that the driveway served a vacant piece of ground; the only issue he felt was
not mitigated was ingress/egress. He said they had reluctantly agreed not to have ingress into
the shopping center from Via Scena, limiting Merano residents from entering their own
shopping center. He said they did fight to have an exit out of Merano so shoppers could go
eastward and felt they answered the builder's concerns. He said in regard to comments that
there were ties between F & M and Diamond West, he gave assurance there were none, noting
Mr. Hoover was their toughest customer.
Mayor Benson declared the public hearing closed.
Mayor Pro-Tempore Spiegel commented that the matter was discussed at the September 24
Council meeting without the Applicant's presentation, which in retrospect he felt was unfair.
He felt that the City of Palm Desert had a pretty good zone plan, it was fortunate to be at the
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center of the Valley, which consequently made it the retail giant of the Valley even without a
car agency. He thought all Palm Desert residents were proud of this fact. Therefore, he said
for him to vote in favor of a change of zoning, it had to be due to a compelling reason, and this
was not. He said that the gentleman from Lucky's indicated the store was dying. In addition,
he said there was the comment about the Town Center going downhill, which he agreed it was
after 17 years, but the City was working with the developers of the Town Center to remodel
it over the next three years. He said the gentleman from Lucky's also indicated that the store
at Monterey and Country Club was of average size, average volume, and average profit right
now, but it was dying. He suggested the store be revisited the way the developers of the Town
Center were doing, perhaps by putting $1.50 into it and having the developer work with the
City to see if there was some way to improve the ingress/egress and improve what was there.
He referred to a memo received from Mr. Bartlett dated October 22, which the last paragraph
stated the Council should "allow a troubled center to survive." He understood the center was
approximately 100% occupied, even though it was one of the City's oldest centers and agreed
it needed a facelift and better parking. However, he said it should be examined to see what
improvements could be made, or at least have the owner look at it, then come to the City with
recommendations. He said at this point, he was not ready to rezone the corner to retail.
Councilman Crites commented that Mr. Bartlett did not choose an easy project with this one.
He agreed with Mayor Pro-Tempore Spiegel, and recalled that with regard to the gentleman
- from' American Stores, as a Planning Commissioner when the store originally went in there
against the objections of many neighbors, and when parking issues came up, Lucky's
representatives said the situation was "close and intimate," it was better than big parking lots,
and that the City should not worry about that. He went on to say that Lucky said it was exactly
what the future wanted-- something that felt comfortable to shoppers, and since it was not the
same Lucky representative here tonight, he assumed times had changed, but the perspective
was significantly different when Lucky wanted in the door rather than out the door. He
suggested a cooperative effort by the City with some sort of unbiased analysis on the whole
center by an outside independent source for a five- to ten-year projection to see whether or not
it could continue to sustain a viable market -type operation. He offered that maybe some of the
comments made here tonight were true and something else should be reviewed, or maybe it
would be found that the City should help in some fashion, or perhaps nothing at all should be
done. He found it interesting to learn that Mr. Mayer controlled the Rancho Mirage side of
the street, and one of the issues he was concerned by for many years was that as soon as a
commercial project was put on the northern corner, Rancho Mirage would do the same thing
on the other two sides. He added that no matter how big that intersection was made, all that
was accomplished was to make it bigger for a sea of cars to be set in. He said if there was
some way through this process to ensure the other two sides would remain residential in
perpetuity, there may be reason to revisit the issue. But if the situation was set up so that the
corner was all commercial, he suspected the Merano residents would definitely have an opinion
when that came about and felt the Council would be, in part, to blame. However, he said
maybe some of those problems could be corrected. He added that from what he read, he felt
people should have understood that a center was going to potentially be there. But he said
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whether they understood did not relieve them of their ability to oppose it, and the issue needed
to be decided upon the merits of whether or not the existing center was useful in the future.
Councilman Kelly agreed that the City's zoning plan was a good one, and for him to approve
a change of zone from residential to commercial, he had to see something compelling. He said
the owner of the land which was going from residential to commercial was ending up with a
windfall such that something should be given back to the community to justify the change, and
he felt this particular project did not do so. He also felt the Council had a responsibility to
look after the people in Palm Desert, and he did not advocate cutting a piece outof the
development with residences all around, whether or not they were told something was going
to be placed there. He said what was done was build the development in such a manner to
cause the Council the most possible trouble. He'd been told that the center where Lucky was
did not depend on the market, that it depended upon customers coming there to eat, and it
would not make a difference whether the market was there or not. He added that as far as
design, it was not as good as the last proposal for Albertsons, when he voted in favor of the
attractive project prior to any homes built around it, but could not vote for it tonight.
Mayor Benson said she had nothing more to add, commenting that she was sure Mr. Bartlett
was well aware of her opinion on changing zoning on the corner, and she saw no reason to do
so. She commented that the Council would never suggest that Mr. Bartlett pussyfooted around.
She concurred with Councilman Crites' idea that if there were a guarantee that it would be the
only commercial corner in the intersection, that idea had merit. But if not and it went to
Rancho Mirage, she felt they would listen very slightly to Palm Desert residents because what
Palm Desert did would be followed through by Rancho Mirage.
Mayor Pro-Tempore Spiegel moved to: 1) Deny the request for general plan amendment, change of
zone, and precise plan of design; 2) waive further reading and adopt Resolution No. 98-131, a resolution
of denial for the aforementioned case numbers. Motion was seconded by Benson.
At the request of Councilman Crites and with Council concurrence, staff was directed to research
independent firms which could provide a feasibility analysis of the Plaza De Monterey Center by
obtaining information from each party to the aforementioned issue with the proposal for the analysis
to be brought back to the City Council for its review and approval prior to commencement of same.
Mayor Pro-Tempore Spiegel's motion carried on a 4-0-0-1 vote with Councilman Ferguson
ABSTAINING.
With Council concurrence, Mayor Benson recessed the meeting at 9:10 p.m. She reconvened the
meeting at 9:17 p.m.
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C. 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 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. Ca 98-6, and
DA 98-2 (Del Webb California Corporation, Applicant) (Continued from the meeting of
September 24, 1998).
Mr. Diaz stated that staff requested direction with regard to the report to be prepared for
consideration of the entire area from roughly Portola Avenue to the easterly boundary of Sun
City, and from Highway 111 north to Ramon Road, for concurrent annexation. He said the
issue for Council's consideration at this meeting was preannexation zoning and related
agreements for a portion of the area which had already commenced, but if Council chose, the
matter could be continued until details for all the areas to be considered for preannexation
zoning were available.
Councilman Crites said he preferred consideration of the entirety of the North Sphere area,
north of I-10, rather than one, isolated component of the matter, which was barely
geographically touched by the City. He said his point of view could change significantly based
upon a thorough examination of all the corresponding details and felt it would be unfair to vote
on any part of the subject item without that knowledge. Council concurred with his sentiment.
Mayor Benson declared the public hearing See and invited testimony in FAVOR of or OPPOSED
to the Del Webb matter. She noted that Council would likely be continuing the matter and asked
Mr. Diaz to what date.
Mr. Diaz responded that it would be to a date uncertain, and staff would readvertise the matter
as a public hearing.
Councilman Ferguson commented that he and Mayor Pro-Tempore Spiegel sat on the
Annexation Committee and had been working with representatives from Del Webb. He
understood that Council asked staff to look at the North Sphere and return with a report
identifying the pros and cons of annexing a large portion of territory beyond Del Webb. He
added that based upon the report, Council would determine whether it wanted to move forward
with annexation of the entire North Sphere, smaller portions thereof, or just Del Webb, noting
that decision would be followed by steps toward preannexation zoning for all of that yet -to -be -
defined area.
MR. SY KAPLAN, 37-590 Copperstone Court, Sun City, Palm Desert, said he had been a
resident board member at Sun City for the past 5' years. He said residents looked forward
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to the annexation issue coming to fruition and to becoming a part of Palm Desert, noting that
numerous votes were taken on the matter receiving unanimous approval. He stated that he
appreciated Council's favorable consideration of their request.
MR. CARL P. HILGENFELDT, 34-645 Stage Drive, Thousand Palms, CA, representing the
Ivey Ranch Homeowners' Association, said that their group had filed a request with the
Director of Community Development for consideration of their development to be included in
the annexation of land north of Varner Road and I-10. He said there was currently a petition
being circulated amongst the homeowners within Ivey Ranch, with approximately 190
signatures already obtained from the 300± lots there. He stated that their development was
very enthused about becoming a part of Palm Desert.
MR. CURT EALY, Esq., attorney representing Del Webb California Corporation, said that
on behalf of the corporation, as well as the vast majority of residents of Sun City Palm Desert,
he expressed their appreciation to the City for its consideration of the annexation issue. He
said they felt Palm Desert was a great community that Sun City wished to join, adding that
City staff should also be recognized for the great assistance they had provided. He stated that
Del Webb was prepared to go forward with the annexation, aware of the remaining issue with
the development agreement yet to be resolved. He understood that staff was instructed to
examine the issue regarding plan check fees on repeat production housing, an important issue
to Del Webb, which he realized would not be addressed at this meeting. However, he said
much time and effort had been expended on their part with regard to the preannexation zoning,
and they requested the City Council go forward with that portion of the matter. He said their
entire team was in attendance to answer questions regarding environmental issues, or for
whatever concern the Council had.
Mayor Pro-Tempore Spiegel reiterated the Council's position that it wanted to consider all
possible territory north of I-10 for 'annexation prior to taking action on one component of the
territory to Mr Ealy, since he arrived following that portion of the discussion.
MR. EALY said Del Webb understood the City's position and stated that they would stand
ready to proceed whenever the City deemed it appropriate.
Councilman Crites extended the Council's appreciation to Mr. Ealy for his many years of
public service to the City of Palm Desert and various organizations.
Councilman Ferguson stated that after checking with Mr. Diaz, it was learned that the report
on the North Sphere would be available at the next regular meeting, November 12, including
the direction to look at the pros and cons of taking different sections of the territory.
Councilman Crites questioned whether enough time would be available to incorporate the issue
of Ivey Ranch, all the rest of the concerns, and be able to sort out an appropriate direction.
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Mr. Diaz responded that the requested report would address the entire area, the amount of time
needed, and zoning issues, etc.
Mayor Pro-Tempore Spiegel moved to continue the subject annexation matter to the next regular City
Council Meeting, November 12, 1998. Motion was seconded by Ferguson and carried by unanimous
vote.
D. CONSIDERATION OF AB1600 DEVELOPER IMPACT FEE REPORT.
Mayor Benson declared the public hearing open and invited testimony in FAVOR of or OPPOSED
to the subject report. With no public testimony offered, she declared the public hearing closed.
Upon question by Mayor Pro-Tempore Spiegel for comparison of City of Palm Desert's
developer fees to those of other cities, Mr. Gibson said in the last comparison he saw by
Rancho Mirage, Palm Desert had a lower fee structure than other cities. However, he said he
had not seen a recent comparison but would obtain one and provide it to the Council.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, receive and file the report. Motion was
seconded by Ferguson and carried by unanimous vote.
E. CONSIDERATION OF TRANSFER OF LAND AND BUILDINGS (JOINT PUBLIC
HEARING WITH THE PALM DESERT REDEVELOPMENT AGENCY).
Mr. Ortega noted the Redevelopment Agency was ready to transfer two of its properties to the
City, as outlined in the staff report. He said the purpose of the public hearing was to provide
opportunity for anyone who opposed the subject transfer.
Mr. Diaz said there was a list of concerns regarding the property compiled following the recent
tour of the facilities by Council members. He added that after speaking with Mr. Ortega, it
was determined that the City could accept the property, make the necessary improvements
under construction, and be reimbursed by the Redevelopment Agency for the cost of same.
Mayor/Chairman Benson declared the public hearing open and invited testimony in FAVOR of or
OPPOSED to the subject transfer. With no public testimony given, she declared the public hearing
closed.
Mayor Pro-Tempore/Vice Chairman Spiegel moved to, with the additional caveat of the construction
improvements, as noted in the recent tour of facilities, to be made by the City with reimbursement for
same by the Redevelopment Agency: 1) Waive further reading and adopt Resolution No. 98-129
approving payment by the Palm Desert Redevelopment Agency for all or part of the value of the land for
and the cost of the installation and construction of a publicly owned golf course and related facilities and
improvements (Desert Willow Golf Resort Mountain View Course); 2) waive further reading and adopt
Resolution No. 98-130 approving payment by the Palm Desert Redevelopment Agency for all or part of
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the value of the land for and the cost of the installation and construction of publicly owned building
(Visitor Information Center - Office Building); 3) waive further reading and adopt Redevelopment Agency
Resolution No. 362 approving payment by the Agency for all or part of the value of the land for and the
cost of the installation and construction of a publicly owned golf course and related facilities and
improvements (Desert Willow Golf Resort Mountain View Course); and 4) waive further reading and
adopt Redevelopment Agency Resolution No. approving payment by the Agency for all or part of
the value of the land for and the cost of the installation and construction of a publicly owned building
(Visitor Information Center - Office Building). Motion was seconded by Ferguson and carried by
unanimous vote.
Mr. David Yrigoyen, Redevelopment Agency Manager, noted that the record should also
reflect that the Council/Redevelopment Agency Board had made the requested findings for the
provisions as outlined in the staff report.
The City Council/Redevelopment Agency Board concurred that it had made the findings as outlined.
XIV. ORAL COMMUNICATIONS
None
XV. ADJOURNMENT
Prior to adjournment, Mr. Erwin announced three items of action from previous Closed Session
consideration. Please see Item X, Reports and Remarks, B - City Attorney, for his announcement.
Upon a motion by Crites, second by Ferguson, and unanimous vote of the City Council, Mayor
Benson adjourned the meeting to Closed Session at 9:30 p.m. She reconvened the meeting at 10:12 p.m.
and immediately adjourned the meeting to an Adjourned Joint Meeting of the City Council and
Redevelopment Agency on Monday, November 2, 1998, at 5:00 p.m. for the purpose of conducting a
Closed Session pursuant to Government Code Section 54957 regarding Public Employment:
Titles of Positions: City Manager
City Clerk
Redevelopment Agencyxecutive Director
T:
SHEILA R. GILL GAN, CITY ERK
CITY OF PALM DESERT, IFORNIA
/V
AN M. BENSON, MAYOR
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REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 22, 1998
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EXHIBIT "A"
September 24, 1998 <
October 22, 1998
ke: Case No.: GPA 97-16, C2 97-11, and PP 97-12
Proposed Shopping Center at the NEC of Monterey Avenue and Country Club - o
Drive, Palm Desert
Your Honor, Mayor Benson and Distinguished Members of the City Council:
Thank you for allowing me this opportunity to express some of my concerns and those of
many of my neighbors concerning this matter.
My purpose this evening is to inform you of our opposition to the proposed commercial
development.
Merano is a community still under construction. Our Board of Directors has only one member
elected by the homeowners. Four of the five Board members are appointees of Diamond
West Homes. While both Diamond West Homes and the residents of Merano have an interest
in this matter, their long-term interests are not necessarily the same. Diamond West Homes,
Tun Bartlett, and F & M Associates have repeatedly attempted to gain the support of
homeowners for this project. They have repeatedly failed in each attempt. The letters of May
18 and May 26 printed on Diamond West/Merano Sales Office letterheads listing the "13
conditions" are examples of these failed attempts. Most homeowners do not support this
project with or without those "conditions." Without a representative Board of Directors some
owners did sign those letters. Some did so not to show support for the project, but rather to
limit the magnitude of damage to the enjoyment of our homes and community should this
project be approved and built. In the absence of an elected Board of Directors whose concern
is for the best interests of the homeowners within the community, individual homeowners
have been left to speak up for themselves. We have had to do this without the benefit of a
formal organization to represent us. Mr. Gil Bond, Mr. Jerry Mendleson, and I compiled the
packets of information we sent to each of you in August to provide you with a more accurate
description of the views of the Merano residents on this matter.
And so, while I speak to you as an individual resident of Merano, I believe that my views are
consistent with a majority of Merano homeowners. It is our opinion that the proposed
development, if built, would have a negative impact not only upon us but also upon the
surrounding community as well.
1
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There is already a neighborhood commercial development on the southeast corner of
Monterey and Country Club Drive. A second high -traffic development at this location,
directly opposite the existing Plaza de Monterey commercial center, would undermine the
attractive residential nature of Country Club Drive that both Palm Desert and Rancho Mirage
have fostered, developed, and maintained.
The resultant abrupt change in character of Country Club Drive at the Rancho Mirage/Palm
Desert city line would be detrimental to property values and create a negative impression upon
entering Palm Desert.
The intersection of Mammy Avenue and Country Club Drive is already one of the busiest in
Palm Desert. The placement of a second high -traffic retail commercial center at this
intersection would draw and focus even more traffic to this one location. Planned residential
and time-share developments in neighboring areas will create even additional traffic. It would
be advantageous to all concerned to dece 1 alize commercial shopping areas in order to spread
traffic over a larger area. Existing traffic levels already reveal the need for improvements to
this intersection; commercial over -development of this location would burden it beyond
practical remedy.
The vacancy caused by the relocation of the existing supermarket is also a problematic
situation. If the replacement tenant were to be a high -traffic volume type of business, the
increase in vehicular traffic would create obvious problems. On the other hand, if the new
tenant were to be a moderate to low -traffic "off-peak" business, there could be a serious
economic impact on existing businesses in the Plaza de Monterey center. Intolerable traffic or
the skeletal remains of a dying commercial center...neither option would serve the interests of
the residents or businesses of Palm Desert.
Furthermore, there is not sufficient information as to the types of businesses that would be
permitted in the proposed shopping center. Of particular concern is the pad planned for the
southeast corner of the center. This pad is to be located immediately adjacent to the corner of
Via Scena and Country Club Drive and would be highly visible to people entering Via Scena
to gain access to Merano. The design of the structure built on it, the nature of the businesses
located in it, and associated signage would greatly affect Merano. The impression formed by
the business located there will influence perceptions of the quality of the Merano homes
community, the desirability of living within Merano, and ultimately property values within the
community.
The plans for the shopping center currently under consideration include the use of Via Scena
as .a major egress from it. Via Scena is the primary entrance and exit from Merano homes.
This proposal shared use of Via Scena by the shopping center and Merano is unacceptable to
a majority of Merano homeowners. A copy of the petition signed by the majority of Merano
households at the time the petition was circulated opposing such combined usage is included
in the packets we provided you.(EXHIBIT 1) The original is on file with the Palm Desert
Planning Commission. The reasons for this opposition include, but are not limited to, issues
2
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REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 22, 1998
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of traffic, noise, pollution, disclosure, ease of access and egress, peaceful enjoyment of home
and property, aesthetics, and protection of property values.
During preceding hearings on this matter, the developer and others repeatedly stated that
prospective Merano homeowners were advised of the intent to build a .,;al center at
the subject location. Disclosure of this intent was made; however, we were also told by the
sales staff that two previous attempts to obtain zoning changes for the construction of
commercial centers at this location had failed. Specifically, we were told that attempts to
obtain approval for either a Wal-Mart retail store or an Albertson's supermarket had been
unsuccessful. The impression given was clear. The property would not be used for a
commercial development of the magnitude of a supermarket or large retail store.
Moreover, the status of Via Scena was not adequately disclosed to Merano homebuyers. Via
Scena appears to be a private approach eaulusively for access to the Merano community. As
can be seen in the photographs included in the packets we sent you, Via Scena appears to be
an integral part of Merano homes and not a part of a public thoroughfare. In addition, the cost
of maintaining the landscape on both sides of Via Scena and on the median is paid by the
Merano homeowners association, Palm Desert Merano, Inc. The negative perception caused
by this residential approach being used as an exit from a busy supermarket parking lot would
negatively impact ease of access/egress from our community as well as undermine property
values of homes within the Merano commumity. It is of the utmost importance to the majority
of Moan homeowners that any commercial development approved for this location be kept
separate and distinct from the residential community.
While most of the residents of Merano oppose the use of Via Scena by the proposed shopping
center, many residents oppose the overall project for other reasons as well. Also included in
your packets, are letters to the Planning Commission dated June 1, 1998, and June 23,1998,
indicating opposition to the commercial development for various reasons. These include
issues of noise, traffic pollution, ease of access/egress, aesthetics and protection of property
values. The originals were hand delivered to the Planning Commission.
During the hearings before that panel, non-resident proponents of this shopping center
characterized those homeowners opposed to the project as being a small group of people with
little better to do than pass around petitions. They characterized those who signed the
petitions and letters as people who would sign just about anything. These characterizations
are completely inaccurate. Again, without the. benefit of a Board who - :1- :.,w:..L, the best
interests of the homeowners, we have had to organize ourselves to protect our interests.
Finally, there is no need that warrants a change of zoning for this project. The neighborhood
is already well saved by the existing commercial center. The proposed center adds no new or
needed services to the neighborhood. It is not of any particularly attractive design or
remarkable aesthetic beauty. 11 creates more problems than it solves. What is needed is an
update and remodeling of Plaza de Monterey and not another commercial shopping center at
this intersection.
3
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Also lacking is support for the project by the surrounding neighborhood..,the residents of
Merano Homes. In their letter of May 18th to the owners of homes in Merano, Richard
Frandsen and Mike Mahoney of F & M Associates wrote:
'The City Council is the final determining government body and although we hope you can
attend the Planning Commission meeting we feel the City Council meeting is far more
significant. Although we have gained the support of stag the Architectural Review
Commission and the Economic Development Committee we need your support to be allowed
to meet your conditions of approval"
If there were such support in the Merano community, you would think that F&M Associates,
Diamond West Homes, or our Board of Directors, would have asked all the owners of homes
within Merano to attend this hearing both on September 24th and again this evening... or at
least made certain that all the homeowners were aware of the hearings....in order to show
support. To the best of my knowledge, they made no such general notification. I think it is
clear that no such widespread support exists.
We ask that you determine that the commercial shopping center as currently planned and
proposed is unnecessary, and neither a prudent use of this site nor in the overall best interests
of Palm Desert. We request that approval of the change of zoning and related filings be
denied.
I thank you most sincerely for your attention and consideration of our position.
4
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