HomeMy WebLinkAbout1998-10-08MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, OCTOBER 8, 1998
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I. CALL TO ORDER
Mayor Benson convened the meeting at 4:06 p.m.
H. PLEDGE OF ALLEGIANCE - Councilman Richard S. Kelly
M. INVOCATION - Mayor Pro-Tempore Robert A. Spiegel
IV. ROLL CALL
Present:
Councilman Buford A. Crites
Councilman Jim Ferguson
Councilman Richard S. Kelly
Mayor Pro-Tempore Robert A. Spiegel
Mayor Jean M. Benson
Also Present:
Ramon A. Diaz, City Manager
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 and Safety
Phil Drell, Director of Community Development
Paul S. Gibson, Director of Finance/City Treasurer
David Yrigoyen, Redevelopment Agency Manager
Teresa LaRocca, Housing Manager
Rachelle D. Klassen, Deputy City Clerk
V. ORAL COMMUNICATIONS - A
MR. WILLIAM BIZZELL, 46-087 Portola Avenue, Palm Desert, President of the Board of Trustees
and representing the City of Palm Desert on the Coachella Valley Mosquito and Vector Control
District, stated he wanted to provide the Council with a brief report of the District's work. He stated
the District covered 2,400 square miles from Banning to the Salton Sea and as far east as Blythe. He
noted the District was formed in 1928, they were celebrating their 70th year, and currently had 20
employees. He said when formed, the district primarily dealt with the gnat problem in the area.
Following the American Canal being brought into the District, he said mosquito control became part
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of their work around 1950, followed by full vector control for any vermin which posed a health
hazard He noted in recent years, their work had involved several abandoned pools as the result of
foreclosures on ri.,r.,iGes. He said the District had 12,840 gnat traps throughout and noted 15 Killer
Bee sightings and five attacks in the past year. He went on to say that as far as rats and other vectors,
their mission was more that of education; they supplied traps but no poison. He said they recently
purchased 26 acres in Indio across the railroad tracks on Indio Boulevard, and they planned to be in
their new facility next year.
Councilman Kelly expressed his appreciation for the job Mr. Bizzell had done representing Palm
Desert as well as for his report today. He stated Mr. Bizzell had done an outstanding job as could
be attested by his position as president of the District. The Council wholeheartedly concurred.
VI. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of September 24, 1998.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 17 and 18.
Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Jowyn Garcia Villanueva and
Paciencia Villanueva for Vinney's Wine & Spirits, 73-510 Palm Desert Drive, Palm Desert.
Rec: Receive and file. _
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Frank H. Ou and
Jessie Chiuchen Ou for Atlantic Fish & Chips, 73-850 Highway 111, Suite B, Palm Desert.
Rec: Receive and file.
E. PORTFOLIO MASTER SUMMARY for the Months Ending June 30, July 31, and August 31,
1998.
Rec: Receive and file.
F. MINUTES of the Art In Public Places Subcommittee Meeting of July 15, 1998.
Rec: Receive and file.
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G. MINUTES of the Citizens' Advisory Committee for Project Area No. 4 Meeting of July 20,
1998.
Rec: Receive and file.
H. MINUTES of the Golf Course Committee Meeting of July 13, 1998.
Rec: Receive and file.
I. MINUTES of the Investment and Finance Committee Meeting of June 17, 1998.
Rec: Receive and file.
MINUTES of the Public Safety Commission Meeting of August 26, 1998.
Rec: Receive and file.
K. REQUEST FOR SUBSTITUTION of Fence Subcontractor for the Palm Desert Soccer Park
(Contract No. C13140, Project No. 686-96).
J.
Rec: By Minute Motion, adopt the findings presented in the staff report dated October 8,
1998, and approve the substitution of Econo Fence Company for Best Handrail and
Fence Company as subcontractors for the construction of the Palm Desert Soccer
Park.
L. REQUEST FOR APPROVAL of Edison Undergrounding at 74-490 Goleta Avenue.
Rec: By Minute Motion: 1) Approve Contract No. C14910 with AZ -Tech Electric, Palm
Desert, California, in the amount of $3,470.00 to convert the existing overhead
electrical service located at 74-490 Goleta Avenue to underground; 2) authorize the
Director of Finance to appropriate $3,470.00 plus a ten percent (10%) contingency
for the subject contract from Unallocated Construction Tax Reserves.
M. REQUEST FOR APPROVAL of Citywide Striping.
Rec: By Minute Motion, authorize continued utilization of the County of Riverside
Transportation Department for citywide street striping in an amount not to exceed
$50,000.00 (Contract No. C07433).
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N. RESOLUTION NO. 98-122 - A Resolution of the City Council of the City of Palm Desert,
California, Establishing a Petty Cash Fund Under the Supervision and Control of the Visitor
Information Center Coordinator.
Rec: Waive further reading and adopt.
O. LETTER OF RESIGNATION from James H. Struck from the Civic Arts Committee.
Rec: Receive with sincere regret.
P. REQUEST for Vacation of Street Right -Of -Way for Tamarisk Row/Palm Valley Country Club.
Rec: Waive further reading and adopt Resolution No 98-123 setting a public hearing to
consider the vacation request.
REQUEST FOR APPROVAL of Parcel Map 28830 (Mr. Robert O. Briggs and
Mr. Michael Hay, Applicants).
Rec: Waive further reading and adopt Resolution No. 98-124 approving Parcel Map 28830.
R. REQUEST FOR APPROVAL of Beer Concession for Palm Desert Golf Cart Parade.
This item was removed for separate discussion under Item VII, Consent Items Held Over.
Please see that portion of the Minutes for discussion and action.
S. REQUEST FOR WAIVER OF FEES Associated with the 1998 "Le Jazz Hot 1999" Concert.
Q.
Rec: By Minute Motion, waive fees associated with the 1998 "Le Jazz Hot 1999" Concert
scheduled to be held on Friday, December 31, 1998, in Palm Desert Civic Center
Park.
T. REQUEST FOR APPROVAL of a Contribution to the 1999 "Living For Your 90's" Senior
Inspiration Award and Selection of a Palm Desert Resident.
Rec: By Minute Motion, approve a contribution of $400.00 from the Unobligated General
Fund to sponsor a table and contribute to a gift for the 1999 "Living For Your 90's"
Senior Inspiration Award and select a Palm Desert resident over the age of 75 years
who personifies the ideals of this most worthwhile program.
U. REQUEST FOR APPROVAL of Proposed 1999 Summer of Fun Schedule.
Rec: By Minute Motion, approve the subject proposal.
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V. CONSIDERATION of a Letter from the City of Angels Regarding Fukuda v. City of Angels
Camp.
Rec: By Minute Motion, refer to the City Attorney for review and report.
Mayor Pro-Tempore Spiegel requested Item R be removed for separate discussion under Item VII, ,
Consent Items Held Over.
Upon a motion by Ferguson, second by Kelly, and unanimous vote of the City Council, the remainder
of the Consent Calendar was approved as presented.
VII. CONSENT ITEMS HELD OVER
R. REQUEST FOR APPROVAL of Beer Concession for Palm Desert Golf Cart Parade.
Mayor Pro-Tempore Spiegel said he requested this be removed because in years past, the Golf
Cart Parade had ended in Civic Center Park with a fairly secure area to sell beer, and this year's
parade would end on El Paseo. He said he had two concerns: 1) Where the beer garden would
be located; 2) if El Paseo restaurants who sold beer objected to this competition.
Mrs. Gilligan stated the garden was proposed at Larkspur just up and behind the Gardens, and
she deferred to Ms. Suzie Harvey for an answer as to whether the El Paseo merchants had been
polled for their input.
MS. SUSIE HARVEY, Executive Director of the Palm Desert Chamber of Commerce, said
Larkspur would be closed to traffic so the beer garden would be actually on the street there.
She added that a couple other streets would also be closed in order to place other vendors and
the children's area.
Upon question by Mayor Pro-Tempore Spiegel about entry into the Gardens' parking area,
Ms. Harvey responded the Shadow Mountain entrance would be used. She added that the
Gardens' parking had ingress and egress from two different side streets, and these could be used
to get back to Shadow Mountain.
Mayor Benson said this was not possible-- the San Pablo exit was available, the Larkspur
entrance would not be available if the street was closed, but the Shadow Mountain access could
be used.
MS. HARVEY said Larkspur would only be closed at El Paseo-- Larkspur behind that would
still be available.
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Mayor Pro-Tempore Spiegel said right across the street from the proposed beer garden was an
outdoor cafe and inquired whether that proprietor had been contacted for his opinion, as well
as the many other places up and down the street which sold beer.
MS. HARVEY said they were very surprised that Alcoholic Beverage Control (ABC) allowed
their beer garden application at all. She said that since it had come up with fairly short notice,
and there was one non-profit organization which wanted to host the beer garden, they decided
to pursue the issue and ask for City Council approval.
Councilman Ferguson said as he read his staff report, the application did not fit ABC guidelines,
it was not allowed, and that was the reason it came to Council.
MS. HARVEY responded that it did fit their guidelines, but City approval was needed since it
would be on public property.
Mrs. Gilligan added ABC would not approve the application without the City's endorsement.
Upon question by Mayor Pro-Tempore Spiegel as to whether beer would be sold at the City's
25th Anniversary Grand Finale on November 22, Mrs. Gilligan responded it would not.
MS. HARVEY said there was one organization who had managed the beer garden in the park
following the Golf Cart Parade, and it was learned that organization was quite dismayed when
they would not be able to have the beer garden. She said this led to conversations with ABC
to see if, indeed, a beer garden was allowed, which the Parade Committee and Chamber of
Commerce thought it would not be. She said to their surprise, ABC said it was okay as long
as the City Council approved. She noted this was the reason for the short notice, the Committee
had not even seen it yet.
Upon question by Mayor Pro-Tempore Spiegel as to whether everyone was in agreement that
the beer garden should be pursued, Ms. Harvey answered that the person in charge of vendors,
the Chairman, as well as the local non-profit organization, all wanted to pursue the issue, the
rest of the Committee was not yet aware of it.
Upon question by Mayor Pro-Tempore Spiegel about how much money the Chamber made last
year, Ms. Harvey responded the Chamber did not make money, the non-profit organization
made the money, and it was Palms to Pines Rotary.
Councilman Ferguson asked whether any harm would be caused by letting the Committee look
at the issue and return to the next Council meeting.
MS. HARVEY said that might be too late.
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Mayor Pro-Tempore Spiegel asked Mr. Wohlmuth, as a member of Palms to Pines Rotary, for
his input and comments regarding the issue.
Mr. Wohlmuth stated that last year the Palms to Pines Rotary did not have the beer concession,
Kiwanis did. He believed Rotary made approximately $1,500.00 in 1996. He noted that the
concession was in the park, Rotary took all the responsibility of controlling ingress/egress of
the beer garden, appropriate identification (age), and to keep consumption within the beer
garden itself.
Upon question by Mayor Pro-Tempore Spiegel whether it was necessary to have a beer garden
with all the other excitement of the Gardens' opening going on that day, Ms. Harvey said that
at the time the route change was proposed, they were under the assumption that a beer garden
would not be allowed; therefore, having one was not a necessity.
Councilman Crites expressed his concern that the beer garden would also be in the proximity
of residences.
Mayor Benson responded that the beer garden would not be that far back on the street, patrons
would just walk off the entrance to Larkspur, on the street. She noted there would be tables,
chairs, and patrons were required to stay within the confines of the garden.
Councilman Kelly felt the average person who sat down in the beer garden to have a beer would
not be the same one who would go over into a restaurant and sit at the bar to have a drink.
Mayor Benson concurred.
MS. HARVEY noted it would be handled the same way it was handled at Springfest, there was
a fenced -in area, and patrons had to remain within the fenced -in area.
Councilman Kelly moved to, by Minute Motion, permit the sale, possession, and consumption of
alcoholic beverages in connection with a special event, the Palm Desert Golf Cart Parade, scheduled to be
held November 8, 1998. Motion was seconded by Crites and carried by a 4-1 vote with Mayor
Pro-Tempore Spiegel voting NO.
VIII. RESOLUTIONS
A. RESOLUTION NO. 98-125 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 98-92, SECTION I,
SALARY SCHEDULE, RANGES, AND ALLOCATED CLASSIFICATIONS,
ESTABLISHING TWO NON-EXEMPT OFFICE ASSISTANT I POSITIONS FOR THE
VISITOR INFORMATION CENTER.
Mayor Pro-Tempore Spiegel moved to waive further reading and adopt Resolution No. 98-125.
Motion was seconded by Kelly and carried by unanimous vote.
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IX. ORDINANCES
For Introduction:
None
For Adoption.
A. ORDINANCE NO. 890 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM
DESERT ZONING MAP, BY REZONING PART OF THE R-1 PROPERTY TO C-1
(GENERAL COMMERCIAL) Case No. C/Z 97-13 (Walgreens Drug Store,
McFadden/McIntosh Architects, Applicant).
Mr. Diaz noted there had been no changes to the subject ordinance since its introduction.
Mayor Pro-Tempore Spiegel moved to waive further reading and adopt Ordinance No. 890. Motion
was seconded by Ferguson and carried by a 3-2 vote with Councilman Crites and Mayor Benson voting NO.
X. NEW BUSINESS
A. REQUEST FOR APPROVAL OF CITY OF PALM DESERT GOLF CART
TRANSPORTATION PROGRAM.
Mr. Wohlmuth noted the subject item of business modified the City of Palm Desert's Golf Cart
Program. He said the pilot program was initiated in 1993 and terminated in 1998. He said
AB525 amended the Vehicle Code allowing other cities to initiate golf cart programs, and City
staff had modified Palm Desert's ordinance to comply with AB525. He noted that Mark
Greenwood, Transportation Engineer, and Helene Dreyer, Deputy City Attorney, worked hard
to modify the City's ordinance.
Upon question by Mayor Pro-Tempore Spiegel to confirm top speed of 25 miles per hour,
Mr. Wohlmuth responded affirmatively.
Mayor Benson asked whether more routes would be added.
Mr. Wohlmuth responded that City staff had been phasing in additional routes, working with
Public Works, the Redevelopment Agency, and Community Development to increase, where
safe, golf cart routes within the City.
Upon question by Councilman Kelly as to when the Committee would again meet,
Mr. Wohlmuth stated that direction given at the last meeting was to build a golf cart bridge at
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the Palm Valley Channel. He noted that the Committee would probably not meet again until
the bridge was complete.
Councilman Kelly expressed his desire that the Committee remain active in order to resolve the
issues for the areas without golf cart routes.
Mr. Wohlmuth concurred, and he asked Mr. Folkers for an update on the construction of the
bridge.
Mr. Folkers said staff was currently working to acquire easement from Target, and they were
working with the design of the structure. He said the bridge had been ordered and estimated
completion of the project within 60 days.
Upon question by Councilman Kelly about lack of routes surrounding the Desert Willow
project, Mr. Wohlmuth stated the Committee had been working on that issue. He said they had
worked with Mr. Acosta and Mr. Ortega from Redevelopment, as well as with Mr. Folkers
from Public Works. He said they initially planned a golf cart lane around the entire
development, attempting to create a sidewalk for pedestrians and bicycles with a golf cart lane
for golf carts, and they were pursuing the matter in conjunction with the development's
completion. He said the plan was to have golf cart lanes all around Section 4.
Mr. Folkers added that work recently completed on Country Club would allow for that portion
of the route, and the remainder of the perimeter could be striped.
Councilman Kelly noted there was a golf cart lane which went up through the entry road to
Desert Willow, and he thought it was great.
Upon question by Mayor Pro-Tempore Spiegel how many golf cart licenses existed,
Mr. Wohlmuth believed there were just over 200 golf carts registered.
Mayor Benson said she thought a valid drivers' license was required for operation of a golf cart;
however, she did not see it mentioned within the brochure attached to the report.
Mr. Wohlmuth said an operator must have a California drivers' license or acceptable drivers'
license, which meant any other state or country's license allowed by California. He said golf
cart operators without a California drivers' license but with physician's approval were allowed
because the Vehicle Code permitted some electric vehicle operators to also operate a golf cart.
He believed that verification of a valid California drivers' license was part of the inspection
process prior to issuance of golf cart registration. He offered to further investigate the matter.
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Mayor Pro-Tempore Spiegel moved to: 1) Waive further reading and pass Ordinance No. 895 to
second reading 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; 2) waive further reading and adopt Resolution No.
98-128 adopting the City of Palm Desert Golf Cart Lane Plan/Transportation Pilot Program as the City of
Palm Desert Golf Cart Transportation Plan, with certain amendments. Motion was seconded by Kelly and
carried by unanimous vote.
B. REQUEST FOR APPROVAL OF COMMUNITY DEVELOPMENT BLOCK GRANT
AGREEMENTS.
Councilman Ferguson noted that on the agreement for the Family YMCA of The Desert under
description of the project, it said CDBG funds would be used to subsidize the cost of child care
services for low income families, which he understood to mean tuition assistance. Yet, he said
on the cover sheet it listed $41,000.00 of CDBG money for operation and maintenance.
Mr. Ray Janes, Management Analyst II, said the total should be $46,000.00, which included
some playground improvements, and if there was a misquote in the agreement, he offered to
make the change and bring it back or to draft an addendum. He noted it should be $5,000.00
for playground improvements and $41,000.00 for the subsidies.
Councilman Ferguson said he thought it was just a typographical error that should be clarified.
Mayor Pro-Tempore Spiegel stated that of the 79 children at the Jean M. Benson Child Care
Center this summer, 36 were from low income families and received subsidized tuition. He
noted that on an annual basis it amounted to much more than $41,000.00.
Councilman Ferguson said he had no problem with the money, but was concerned that there was
prohibition of using those funds for operation and maintenance. He wanted to be sure the
agreement reflected the actual use of the funds.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion: 1) Approve the Supplemental Agreement
between the City of Palm Desert and the County of Riverside Economic Development Agency regarding
this year's Block Grant funding (Contract No C14920); 2) approve the Subrecipient Agreement between
the City of Palm Desert and the Family YMCA of The Desert concerning their Block Grant award (Contract
No. C14930). Motion was seconded by Ferguson and carried by unanimous vote.
C. REQUEST FOR APPROVAL OF 1999 NATIONAL DATE FESTIVAL SPONSORSHIP
AGREEMENT.
Mr. Diaz believed this action was reaffirmation of a previous action.
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Mrs. Gilligan stated Council was curious as to the use of profits from last year's National Date
Festival. She said she had talked with Lori Moss of the Riverside County EDA, with
Supervisor Roy Wilson, and found out the profits were being used to upgrade the Date Festival
grounds, which were in need of upgrade.
Mayor Pro-Tempore Spiegel asked which other cities were participating in the funding.
Mrs. Gilligan said she did not know for this year, but she knew that last year Rancho Mirage,
Indian Wells, and Indio all participated.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, approve Contract No. C 14940 with the
Riverside County Economic Development Agency in the amount of $20,000.00 to sponsor the
1999 Riverside County Fair and National Date Festival scheduled to be held February 12 - 21, 1999, and
encouraged Palm Desert's sister cities in the Valley to also participate in funding the National Date Festival.
Motion was seconded by Ferguson and carried by unanimous vote.
D. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS FOR THE
RECONSTRUCTION OF ALLEYWAY FROM PORTOLA AVENUE TO EL PASEO
(CONTRACT NO. C14950, PROJECT NO. 671-98).
Councilman Ferguson said last year Council approved a land use proposal for the vacant parcel
owned by the City on the corner of Portola Avenue and Highway 111. He thought part of that
proposal involved a dedication of property to that alley being widened at the mouth as it exited
onto Portola. He wondered if this proposal covered the increased land.
Mr. Folkers responded that the alley covered the proposal which was approved.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion: 1) Authorize the City Clerk to advertise
and call for bids for the subject project; 2) appropriate funds from the Construction Tax Fund (Fund
No. 231) for the subject project. Motion was seconded by Ferguson and carried by unanimous vote.
E. REQUEST FOR APPROVAL OF LEASE AGREEMENT WITH THE E-Z GO DIVISION OF
TEXTRON, INC. FOR GOLF CARTS FOR THE MOUNTAIN VIEW COURSE OF THE
DESERT WILLOW GOLF RESORT (CONTRACT NO. C14960).
Mr. Diaz noted the lease agreement was for additional golf carts necessary to operate the
Mountain View Course.
Upon question by Mayor Pro-Tempore Spiegel if it was the same company as was utilized for
the Firecliff Course, Mr. Diaz responded it was.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, authorize staff to negotiate and the Mayor
to execute the subject lease agreement.
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Mayor Benson said she thought when Kemper Sports Management was hired to manage the golf
courses, these types of transactions were to be included in their scope of services. She
wondered how the City would ever know if a profit was realized when these expenditures
(i.e. golf carts, reseeding, etc.) kept coming before the Council for approval. She felt Kemper
was getting the benefit of not having to put up any money.
Mr. Diaz noted that the agreement with Kemper specified that Kemper served as the City's
operator of the facility; the equipment and other such costs were borne out by the project
through the City. He said that the way the City would identify whether or not a profit was
being made was by periodic review of the books and the annual audit.
Councilman Kelly offered that while other entities chose to hire management by way of a
concessionaire agreement-- where they were in control of the entire operation, including
retention of the profit from same, the City chose to enter into an agreement where the outside
contractor purely provided their service to manage the operation, affording the City more
control of the operation. He said this was a much better method of operation benefitting the
City. He noted that the concessionaire arrangement was not being used as much as it was
previously, those types of operations often had sloppy -looking equipment and facilities in their
attempt to keep the profit high without returning any of it to the operation. He said Palm
Springs discontinued their concessionaire agreement in favor of a management agreement.
Mr. Diaz added that there were also some limitations in terms of how the golf course operation
could be handled relative to the method of financing for these facilities with tax-free municipal
bonds.
Councilman Ferguson simplified the answer saying it was a service purchased from Kemper to
operate the course; the City owned the golf course-- all the property, assets, receivables, and
all the profit, not Kemper.
Councilman Kelly seconded Mayor Pro-Tempore Spiegel's motion, and it carried by 4-1 vote with
Mayor Benson voting NO.
F. INFORMATIONAL ITEMS: •
1. Progress Report on Retail Center Vacancies
Ms. Ruth Ann Moore, Business Support Manager, reported that the Business Support
Center attended the ICSC Western Conference and Deal Making at the Marriott
Desert Springs in Palm Desert. She said this year the conference was larger than ever
with 2,500 people booked and an additional 1,000 attending the day of deal making.
She said once again, the City of Palm Desert was represented by displaying a booth
at the Conference where staff members ran the booth for a six -hour period. She said
in the past, the booth was used as a tool to gather contacts; however, this year both
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developers and retailers at the Conference reviewed actual locations, vacancies, and
available land for possible new businesses. She reported the booth was at least three
times busier than last year, with one broker who stopped to visit the City's booth
expressing little need to go toward the conference because she stated all the business
was happening in Palm Desert's booth-- she stayed and talked to potential clients for
almost two hours. She went on to say that since the Conference, the Business Support
Center had sent to all local commercial brokers the contacts for retailers who
expressed interest in expanding into Palm Desert and information on seven developers
who wished to purchase land for new retail sites. She said that follow-up will be
made on all contacts and the resulting information will be reported to Council.
Ms. Moore said there were several new stores to report and provided a map
highlighting the information, which was received for the record and placed on file in
the Office of the City Clerk:
•Monterey Shore Plaza (a.k.a. The Costco Center)-- California Spas which currently
occupied 2,500 square feet in a building adjacent to Home Base had announced plans
to expand their store to 8,000 square feet, as indicated in blue on the map. She said
a new restaurant had signed a lease for the former Bubba Bear's location, the
10,000 square foot store would now be occupied by El Emporador, a seafood
restaurant.
• Gardens on El Paseo-- seven new stores announced here, beginning with Building B
on the first floor, highlighted in blue, was Sharper Image, an electronics store with
3,120 square feet; moving into Building C was Bose Stereo with 2,691 square feet;
The People's Pottery with 2,502 square feet; and Subtle Tones, a women's apparel
store with 2,296 square feet. She went on to say that Building F would be home to
April Cornell, a specialty housewares store with 2,274 square feet, and the Business
Support Center was especially pleased to announce this store since it was found during
the January trip to Scottsdale, Arizona. She said the contacts were given to Madison
Marquette at that time, and they had now signed. She said upstairs in the Gardens
would be The Museum at The Gardens, an 803 square foot location extension of the
Palm Springs Desert Museum; and finally, Muscle Beach Lemonade would occupy
467 square feet. She said the aforementioned brought the total leased space to
155,909 square feet. She said the locations highlighted in pink consisted in five more
stores to be announced next week, resulting in additional news to be released during
the Council's tour of the property next week.
Councilman Crites asked for a report on the entire Palms to Pines Center, from
Highway 74 all the way west, at the next Council meeting.
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Ms. Moore said she would provide it. She noted that she had talked to Mr. Sam
Spinello, who was working on that expansion project, and he had information she
could possibly provide at the next meeting either in open or Closed Session.
Mr. Drell added that the Community Development Department had an application for
a complete renovation/remodel of Palms to Pines Fast, noting it would probably make
it the most up-to-date, attractive center in that section. He said it was a Frank Urrutia
design, and it was quite exceptional. He welcomed the Council to stop by his office
to view the plans.
Mayor Benson announced that the November issue of Hank Stokes' column for Palm
Springs Life was going to feature the Palm Desert Visitor Center, and Mr. Stokes had
interviewed Ms. Moore for the column. She added that Mr. Stokes conveyed to her
his high regard for Ruth Ann's professionalism, and he was more than thrilled with
how she presented herself and the City's plans. She said he considered it a treat to
interview her.
Councilman Crites suggested even today the Council might have time to review the
Palms to Pines East plans.
Upon question by Councilman Ferguson as to whether the Palms to Pines East project
had been before Planning Commission at its meeting Tuesday, Mr. Drell responded
a continuance had been requested; there were still some leasing issues to be resolved
prior to the final approval. He presumed some of the tenants wanted changes and said
he would bring the plans over for Council yet today.
Ms. Moore stated that there was going to be a shift in tenants within the project, so
she felt this was part of the issue.
2. Progress Report on Desert Willow Clubhouse Facility
Mr. Yrigoyen reported that there would be a presentation on the circulation of the
parking and the turnaround issues at the next Council meeting, along with some of the
solutions which had been discussed.
3. Progress Report from the "Save The Rink" Committee
Mr. Jeff Winklepleck, Associate Planner, reported that since the last City Council
Meeting, two letters had been received from the Desert Sports Group, one dated
September 29, the other October 6, as well as a site plan. He said at this time, it
appeared the developer was looking back at the Monterey site, and he suggested any
further discussion be taken to Closed Session.
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4. Update on School District Boundary Changes
Mr. Diaz said nothing further had developed. He said attempts were being made to
set up a meeting with Ms. Charlene Timilione regarding expansion of some of the
local schools.
Mayor Benson related that at the recent Building Industry Association Luncheon when
the Palm Springs Superintendent of Schools spoke about the boundaries of the Palm
Springs District, he did not name Palm Desert; he named Rancho Mirage, Cathedral
City, and Palm Springs, but he did not say there were sections of Palm Desert in the
Palm Springs Unified School District. She felt it was an interesting omission.
Mr. Diaz stated that this would further support staffs conclusion that the study done
for the District reflected Palm Desert would not have any impacts on the Palm
Springs Unified School District.
Mayor Benson said that was one of the reasons she attended BIA meetings, she found
out more about school districts at their meetings than anywhere else.
5. Report on Approved Diversion Rates from Landfill
Mr. Wohlmuth noted the informational report contained within the Agenda Packet
which included a press release from the State of California identifying the City of
Palm Desert's diversion rate. He said in 1995 the City's diversion rate was 57%,
it was 56% in 1996, and by law, the City was attempting to divert 50% by the
year 2000. He cautioned that with the construction spurt experienced by the City in
the past year, a situation which occurred previously in the City's history could be
repeated where over 50% of its waste was generated by construction debris. He
estimated that 1997's construction would probably change the City's percentage. He
added that while worthy residential and commercial recycling efforts could be credited
with a portion of the diversion rate, a majority of the rate could be attributed to green
waste collection by both the residential and commercial sectors benefitted by the
availability of a collection site at Waste Management of The Desert.
Upon question by Mayor Pro-Tempore Spiegel as to whether the State took into
consideration any impact relative to new construction when it measured the diversion
rate, Mr. Wohlmuth responded that the State measured the diversion based upon the
1990 numbers. Therefore, he said as construction goes up and down relative to the
economy, the numbers fluctuate. He said the City could apply for a waiver from
inert waste for construction waste; however, construction generated a great deal of
waste. He said it was an issue that would certainly be reflected in the 1997 and 1998
figures.
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XI. CONTINUED BUSINESS
A. ORDINANCE NO. 886 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, ADDING CHAPTER 9.52 TO THE PALM DESERT
MUNICIPAL CODE PERTAINING TO THE CONVERSION OF MOBILE HOME PARKS
TO OTHER USES (Continued from the meeting of September 10, 1998).
Mr. Erwin requested that the item be continued to the Council's next regular meeting. He said
Council would recall that Mr. Prawdzik addressed the Council at its September 10 meeting and
indicated he would provide written comments to City staff. He said that the comments were
received, and staff was in the process of finalizing its review and recommendation with
anticipation of providing the findings to Council within the next week.
Mayor Pro-Tempore Spiegel moved to continue the matter to the next regular City Council Meeting,
October 22, 1998. Motion was seconded by Kelly and carried by unanimous vote.
B. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS FOR I-10
CORRIDOR BEAUTIFICATION AT THE MONTEREY AVENUE INTERCHANGE
(CONTRACT NO C14840, PROJECT NO. 586-98) (Continued from the meeting of
September 10, 1998).
Mr. Folkers directed Council's attention to the display on the board prepared by Mr. Jerry
Clark, Landscape Manager, with regard to the plant palette and materials which were intended
to be utilized for the subject project.
Mr. Clark stated the plant material selection shown was in keeping with the I-10 Landscape
Beautification Report, prepared by one of the City's consultants, Nancy Palmer. He said tree
types in the drawing represented acacias and a new hybrid desert willow, and along the I-10
were groupings of the Washingtonian palm (the filifera) intended to highlight and frame the
entire corridor. He said there would be a grouping of shrubs consisting of calleandra and
encilia to accent the hillside. He noted that there was a major portion of landscape plantings
on the east side of the corridor primarily because it was the side most visible; not much time
was being spent landscaping the west side of the corridor due to its decreased visibility. He said
one of the purposes of the project was to feature the Monterey interchange as a demonstration
model for accenting the entire entrance corridor. He said the project included an area of dry
arroyo meant to pick up an existing drainage pattern resulting from the development of the
slope. He said there would also be some sort of sculpture piece located in the project; it would
be designed by Will Nettleship, the artist who also worked on this project. He reported that
they had encountered one problem in that the material used to develop the slope was so
unstable, retaining walls needed to be built around each tree for moisture retention, and Mr.
Nettleship would assist in their design so they would complement the overall effect of the
project. He said the problem was discovered when CalTrans attempted to plant Washington
palms on the Washington Street interchange and had already encountered significant erosion
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— problems. He said in light of that fact, the project had limited the use of trees as much as
possible and scattered the vegetation accordingly. He added that the project would also include
ocotillo plantings.
Mr. Clark said the estimated budget was approximately $115,000.00 for the landscape material,
with a $65,000.00 cost estimate for preparation of all the tree retaining walls, and estimating
a 15 % contingency, they were at their $200,000.00 construction budget. He said anticipated
construction start date was early January.
Upon question by Mayor Pro-Tempore Spiegel as to whether any CalTrans money existed,
Mr. Clark said after thorough research, none was found to be available. He added that if some
attempt at landscaping was not made on the interchange, the City could expect to see a "weed
pile." He said he had also forgotten to mention earlier in his presentation that the ground would
be treated with a wildflower mix incorporating wildflowers and a native shrub mix.
Upon question by Councilman Crites about maintenance of the project once completed and some
sort of artistic treatment for the middle median, Mr. Clark said the City would, in time, assume
the maintenance of the project. He said for the median, Mr. Nettleship would be commissioned
to prepare some sort of artwork; currently, he could not say what it would be, whether it would
be a flat work in mosaic form or whether it would be some sort of vegetation. He reiterated
the fact that Mr. Nettleship would be working with the City to prepare some sort of sculpture
to be sited in the dry arroyo area, as well as working with staff on the facade treatment of the
retaining walls.
Councilman Crites commented that today at CVAG's Energy & Environment Committee
meeting, Corky Larson wanted to put $100,000.00 into spreading Palm Springs Gold out
around intersections for dust control, and the Committee approved $100,000.00, but not for -
Palm Springs Gold. He noted that after Palm Springs Gold was driven over just a couple of
times, it amounted to "Palm Springs Dust," putting colored dust into the air instead of regular
dust.
Councilman Kelly said he believed last year the Riverside County Transportation Commission
(RCTC) approved $275,000.00 for beautification of the three interchanges and asked if the
$100,000.00 just mentioned by Councilman Crites might have been a part of it.
Councilman Crites responded that if he recalled correctly, he thought it was CMAC21 money.
He said the Committee recommended that if $100,000.00 needed to be spent there, it had to go
through the process of the Corridor Beautification Committee.
Councilman Kelly said there was some beautification money that was to only be used for
beautification to ensure this was completed from the Highway Fund. He asked if Mr. Folkers
was aware of it.
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Mr. Folkers said he had spoken with Kathy after the matter had been discussed previously at
the City Council Meeting, and she informed him no funds were available. However, he said
recently an application was requested for CMAC funds and added that staff would continue to
work to infuse money into the program for this interchange as well as Cook Street.
Councilman Crites commented that Mr. Michael Bracken just put in a grant for Washington
Street. He noted that Mr. Bracken had been with CVAG, but tomorrow was taking over as
Executive Director of the Coachella Valley Economic Partnership. He expressed his main
concern for staff to review the project with Mr. Steve Nagle at CVAG to find out where the
$100,000.00 was to be spent and how it fit with Councilman Kelly's comments about the I-10
Beautification Program to interface the entire project with the grant application by Mr. Bracken.
He concluded by stating he felt the project was wonderful, and he extended compliments to Mr.
Folkers, Mr. Clark, and all who worked on it.
Mr. Clark stated that Eric Johnson deserved much credit for the design.
Upon question by Councilman Kelly about the coloration of the lizards at the Cook Street
interchange, Councilman Crites said a number of colors were suggested, and he felt the Council
would not have approved. He added they were to come back with new colors that would
merely enhance rather than detract from their placement on the interchange.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, authorize the City Clerk to advertise and
call for bids for the Monterey Avenue interchange with I-10 between Dinah Shore Drive and the Union
Pacific Railroad (City limits). Motion was seconded by Kelly and carried by unanimous vote.
XII. OLD BUSINESS
A. REQUEST FOR AWARD OF CONTRACT FOR BLOCK WALL CONSTRUCTION AT
FORMER PALM DESERT WATER & SERVICES DISTRICT (CONTRACT NO. C13580,
PROJECT NO. 683-97 ).
Mr. Wohlmuth reported the project entailed the construction of two block walls, one at Fred
Waring Drive and Portola, and *one at San Pablo Avenue and Royal Palm. He said construction
of the block wall conformed with the City's Memorandum of Understanding (MOU) with
Coachella Valley Water District (CVWD) to clean up the sites after the former Palm Desert
Water & Services District was dissolved. He noted that monies for the project were not carried
over from the last budget year; the City originally budgeted $40,000.00 for the entirety of
improvements, and the demolition was done at no cost, which afforded the City ability to stay
within budget. He said the project would run $34,628.00.
Mayor Benson said she was under the impression that the site at San Pablo was going to be
utilized to straighten the street at that point, and she said her second question was the reason for
a six foot wall around two empty lots.
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Mr. Wohlmuth responded that the both lots (San Pablo/Royal Palm, Fred Waring/Portola)would
be active well sites, they would not be reservoirs. He added that current CVWD standards
called for a block wall around their well sites, as were seen throughout the community. He said
the City was currently designing the road improvements for San Pablo at Royal Palm, for
Portola at Fred Waring, and was working on additional right-of-way to the south of the El
Cortez site to continue widening Portola between Fred Waring and Highway 111.
Councilman Kelly asked who would approve the architecture of the subject walls. He felt there
were many attractive walls throughout the area, and there were many brand new, horrible -
looking walls. He wondered if the Architectural Review Commission would be solicited for
any input for this project.
Upon question by Councilman Ferguson if the City had to build CVWD-specified walls, Mr.
Wohlmuth responded that currently, it did. He offered to investigate a different type of wall.
Council concurred it would appreciate learning how it could build a more aesthetically pleasing
alternative.
Mr. Diaz said the walls and their design would come back to Council for its ultimate approval.
He stated the Architectural Review Commission would be asked for its input.
Councilman Crites said that since these sites were right along major streets, he suggested the
Art In Public Places Committee be contacted for their suggested treatment on the street -side
faces of the walls-- texturing, murals, etc., to make them something people would enjoy seeing
for the next 50 years instead of the standard, industrial wall.
Mayor Pro-Tempore Spiegel asked whether the well sites could be undergrounded, as was done
on Haystack, so that the land could be used for community gardens. He suggested the plots
could be nicely fenced with wrought iron, and the land could be productive.
Mr. Wohlmuth responded that the property was currently owned by CVWD and that the well
sites would need routine maintenance and inspection. He reported that staff had been working
on the half lots along San Pablo for utilization as community gardens. He noted that on
Tuesday a meeting had been held with Steve Merritt, President of Community Gardens, to.bring
the idea to fruition.
Councilman Ferguson concurred with Mayor Pro-Tempore Spiegel regarding undergrounding,
noting that he had not seen any drills, heavy trucks, or equipment near the well site on
Haystack. He said secondly, the property was given to CVWD and added that if something
other than a six-foot block wall, however attractive, could be done, he would prefer no block
walls around an empty lot. Mayor Benson concurred.
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Councilman Kelly commented that there were oleanders around the pump site on Fairway —
Drive. He noted that sometimes the site became weedy, and he wrote a letter to Tom Levy to
ask that they might be cleaned up.
Councilman Ferguson moved to continue the matter to provide staff with time to investigate aesthetic
alternatives available other than six-foot, industrial, block walls and discuss same with Coachella Valley
Water District for the well site perimeters. Motion was seconded by Spiegel and carried by unanimous
vote.
B. REQUEST FOR AUTHORIZATION TO ENTER INTO A CONTRACT FOR
ABANDONMENT OF WELL SITES AT SAN PABLO AVENUE/ROYAL PALM AND
PORTOLA AVENUE/FRED WARING DRIVE (CONTRACT NO. C14970).
Mr. Wohlmuth stated that staff and Coachella Valley Water District personnel had been meeting
regarding the two well sites. He said one was believed to be a health and safety concern; it was
an old agricultural well on San Pablo and Royal Palm which needed to be abandoned. He said
it was located in the old block building on the corner there, was approximately 470 feet deep,
and would require some major work to cap it. He said the area was currently secured with
chain link fencing; however, it needed to be abandoned prior to construction of the wall or any
other desired perimeter treatment.
Upon question by Councilman Kelly about the right turn lane to be constructed there,
Mr. Wohlmuth responded that the street was being widened at that point to be either a part of
the sidewalk or the roadway itself. Therefore, he said the site needed proper abandonment.
Mr. Folkers added that at Portola and Fred Waring, work similar to that which was done at the
northwest corner of the intersection would be done to the northeast corner.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion: 1) Make a finding pursuant to Palm
Desert Municipal Code Chapter 3.32.080 that the abandonment of the two well sites is essential to the
public's health, welfare, and safety, and therefore is exempt from the formal bidding procedure;
2) authorize the Mayor to enter into an agreement with South West Pump and Drilling of Coachella,
California, to demolish the wells at San Pablo Avenue/Royal Palm and Portola Avenue/Fred Waring Drive
per the Riverside County Environmental Health Department's requirements; 3) appropriate $13,015.00 plus
a ten percent (10%) contingency in the amount of $1,301.50 from the General Fund Unobligated Budget
Reserve to the project budget. Motion was seconded by Crites and carried by unanimous vote.
C. REQUEST FOR APPROVAL OF CONTRACT FOR CITY OF PALM DESERT/CVAG
CONFERENCE ROOM FURNITURE.
Mr. Conlon stated that since the staff report was prepared for Agenda packet distribution, the
furniture had been revised with the help of Councilman Ferguson, Interior Designer Leigh Ann
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— Vuksic, and Corky Larson to save approximately $1,221.24. Therefore, he said staff
recommended approval of a revised order in the amount of $24,825.60.
Councilman Ferguson moved to, by Minute Motion: 1) Approve Contract No. C14260 with Fortress,
Inc., Chino, California, in the amount of $24,825.60 per the revised invoice; 2) authorize the Director of
Finance to appropriate $24,825.60 for the above furniture from Unallocated Construction Tax Funds.
Motion was seconded by Kelly and carried by unanimous vote.
D. REQUEST FOR APPROVAL OF PALM DESERT COUNTRY CLUB NEIGHBORHOOD
TRAFFIC STUDY.
Mr. Folkers reported that staff had worked hard to develop a plan for the Palm Desert Country
Club area to address all the traffic issues there. He said various professionals were contacted
to obtain references on experts and other professional organizations which could provide the
necessary studies resulting in proposals requested from Parsons Group and Hartzog and Krabill.
He said following receipt of the proposals and their thorough review, it was determined the best
one was submitted by Parsons Group. He reported that the matter was referred to the Project
Area No. 4 Committee for its review, and that meeting occurred September 16. He noted that
it was a 3-2 vote on the matter, with the Chairperson and Mr. Ash voting no; they had concerns
about the cost of the program, as did staff-- it was a very expensive program with much
involved. He said after the receipt of numerous community concerns, it was staffs intention
to use the subject plan, attempting to resolve all of the concerns and develop a plan which would
correct traffic problems in that area. He said, quite frankly, there was $100,000.00 for the year
to do studies in various neighborhoods, and this spent nearly all of it.
Upon question by Mayor Pro-Tempore Spiegel about the project which had just been approved
for the year 2010, Mr. Folkers responded that project was a data model to provide modeling
for various developments. He said while some of that information could be utilized for this
project, it was more to calculate the impacts of future commercial developments on traffic in
Palm Desert.
Upon question by Councilman Kelly regarding the cost of the data modeling project, Mr.
Folkers responded it was approximately $45,000.00. Councilman Kelly noted that the cost for
study of this one neighborhood study would be $90,000.00 versus the $45,000.00 spent for a
database for the entire City.
Councilman Ferguson commented that one was a computer program and the other one was a
study. He said the matter was referred to Project Area No. 4 to see if given $90,000.00, was
this how they wanted it spent. He said he listened to the tape of the September 16 meeting, as
the minutes did not bear out the discussion, and of the nine people on the Committee, only five
were present. He said of those five, it was a 3-2 vote, and he felt the reason it was approved
was because it was explained that the $90,000.00 would come out of the City's General Fund
rather than Project Area No. 4's money. He said he took from the discussion that if it had
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been Project Area No. 4's money, they sure would not want to perform the study. He
concurred with Mr. Ash's and Ms. Frisco's comments that they could not conceive of why an
area with two major streets (Warner Trail and California Street), and one intersection with
problems (Hovley and Kansas) would pay $90,000.00 to confirm these facts.
Mayor Benson stated perhaps the problems could be fixed with the same $90,000.00.
Mayor Pro-Tempore Spiegel moved to continue the item allowing staff to explore alternatives for the
area by way of a more reasonably priced study or a scaled -back proposal. Motion was seconded by Benson.
Councilman Ferguson asked Mr. Folkers for his comment since he had earlier indicated that this
proposal used up nearly all the money budgeted for studies this fiscal year.
Mr. Folkers responded that staff also felt the costs were higher than what they would have liked
going into the project. Therefore, he said staff had no problem going back to reanalyze the
situation and returning to Council with the results.
Councilman Ferguson suggested the analysis might include an option where no action was
necessary.
The motion carried by unanimous vote.
E. 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) (JOINT CONSIDERATION WITH PALM
DESERT REDEVELOPMENT AGENCY).
The following is a verbatim transcript of this item.
Key:
JMB Jean M. Benson, Mayor/Chairman
BAC Buford A. Crites, Councilman/Member
DJE David J. Erwin, City Attorney
RAD Ramon A. Diaz, City Manager
PD Phil Drell, Director of Community Development
IF Jim Ferguson, Councilman/Member
RAS Robert A. Spiegel, Mayor Pro-Tempore/Vice Chairman
SK Skip Kuehn, TrizecHahn Development Corporation
RSK Richard S. Kelly, Councilman/Member
JMW John M. Wohlmuth, ACM/Director of Administrative Services
RJF Richard J. Folkers, ACM/Director of Public Works
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WD William Doyle, TrizecHahn Development Corporation
RDK Rachelle D. Klassen, Deputy City Clerk
JMB The next item is consideration of approval of a negative declaration of environmental impact
and amendment to a development plan for one hund-, eighty-three thousand ninety-four square
foot expansion to the Palm Desert Town Center and a 956 space single level parking deck.
Case number DP 1279 Amendment, TrizecHahn, Applicant. This is going with the
Redevelopment Agency so we need to hold it 'til then, or do it now?
BAC On this you opened both of them.
DJE You can do it now...
JMB Yeah.
DJE ...you've...you've called both to order previously.
JMB Okay. Go ahead.
RAD Ah...Mr. Drell.
PD Ah...at your...ah...at the last time this was before the Council, the regular session, um...a lot
of the architecture has, had not been...ah...precisely refined. There was some...ah...issues
concern of...ah...line of sight, impacts of the theaters...ah...and it was...ah...as a result, a
meeting was scheduled for discussion of these issues and tour of some shopping centers in San
Diego area. That meeting was held...um...some additional refinements of the architecture
were...were...ah...shown to four members of the Council that attended. Um...and-
a...ah...expansive line of sight photo study was distributed...ah...superimposing the
projected...ah...mass and design of the theaters and parking structure. Ah...in that there were
no conclusions or...or...ah...ah...detailed response to discussion from that meeting...um...we
felt it was appropriate...um...to again...ah...reexamine and...and discuss the fundamental issues
that are still outstanding relative to design, principally the height...ah...design of the theater
building...um...and the treatment on the parking structure...and...ah...'cause up `til now the
Applicants got a conceptual...ah...approval, but...ah...again, those specific issues weren't
addressed, and given the time schedule of the project, the Applicant needs that...ah...feedback
and...and, conceivably, app-...approval of the resolution approving the project in...ah...and
establishing those parameters for the major elements of the expansion, and...ah...principally,
the theater. Um...he has, the...the Applicant has...ah...that, those exhibits on...ah...ah...on
slides, and we can show them...um...if that's your pleasure...ah...or there's specific items to
discuss...ah...if...if you so...if...if you see...ah...choose to adopt the resolution that was
presented back in August, staff would be suggesting an additional condition--
ah...Condition 14...ah...and it will become evident when you see the photo
study...ah...that...um...while most of the landscaping on Rancho Grande succeeded rather
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admirably to mitigate all of the impacts of the parking lot and the shopping center, there are
some gaps. And...ah...therefore, one of the...Condition Number 14 of their proposed
resolution would read, "Final landscape plans shall include installation of additional appropriate
landscaping along Rancho Grande, as approved by the Architectural Commission, to mitigate
visual impact of theater and parking structure." Um...other than that, the...again,. the Applicant
is here to make presentation at any extent you wish him to make. Ah...and...awaiting
your...ah...and...the...ah...refined theater architecture had been, has been presented to the
Architectural Commission, and they have...ah...granted it preliminary approval.
Um...ah...a...ah...a proposal was presented at the...ah...San Diego meeting relative to the
parking structure was the...ah...where...where the exposures...ah...allow it, they would be
planting...ah...creeping fig to cover the parking structure physically on the...be on the north
and west elevations, and, again, that's...um...so, again, we...ah...if there are any questions,
and the Applicant's here to make a presentation to the extent you feel is necessary.
JF I have two questions. I wasn't here at the meeting when this came up for conceptual approval --
was that a public hearing? Did the residents surrounding it get notice?
PD Correct.
JF And also I notice in our addendum, little footnote here, it said Mayor Benson asked staff to
work with residents to identify any issues and look at their proposed resolution. Has that
occurred, and are there any...is there any opposition from the residents?
PD Th-...there was a...a...ah...concern from one resident relative to the...ah...view of the theater
from her particular house, and...and that is illustrated, that particular house is illustrated in
the...in the view of it is illustrated in the...ah...photo study. Um...and true that her view is one
of those areas through where there is a gap in the landscaping. Ah...there will be places where
you will see that theater...um...ah...the solution is to get landscaping growing there that
will...will...will...will screen the view from that location. Um...again, there's no magic in
terms of...of you know, how do you...how do you hide a...a...you know...a...you know a
10,000-ton elephant--it's...it's there, you can make it attractive, you can screen it from certain
locations. Again, the...the...a...as evidenced by the existing landscaping on Rancho Grande,
if you go back there, that, those 60-, 70-foot trees do succeed in screening everything. It will,
in fact, it will at the horizon, that theater at that point...ah...will...ah...impact her view
on...cert-...you know...at...at certain angles of the mountain. Um...again, the photo studies
are there, and if you want to see them in...
JF I...I have seen them. Are we doing anything to assist her get that landscaping?
PD Oh...oh...we...
JF Or is the developer?
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PD No...no...the landscaping would be installed by the developer, that...that...that's...that's
Condition Number 14. Ah...
JF Okay. And is the resident ah...comfortable with that as a solution? Or...
PD Um...I guess...she has not yet been contacted. This all, to a certain degree, depends on if we
accept the elevation of the theater as it's there. Obviously, it changes if... if we don't.
Ah...but...but...but that is the only, that is the only solution. Again,
there's...um...you...you...you put trees in front of it...ah... you try to hide it. Ah...the other
solution, of course, is to put the theater in the ground...ah...but those are the two solutions to
mitigate the height of an object is to make it lower, or do...or to make it attractive....(unclear)
JF . I...I understand that, but what you're saying is that of...of that entire adjoining residential
neighborhood, there's one resident who has identified the impacts that she doesn't care for that
can be mitigated through landscaping, and we don't know whether she does or doesn't?
PD She has not been recontacted.
RAS There...there were two people that came to the meeting that lived in the neighborhood, and all
of the neighbors were noticed, and balloons were floated so that they had a chance to see the
height of the...
JF Right.
RAS ...structure from various yards. One of the...one person came, gentleman, and he indicated his
...ah...great approval of the project, that, ah...he liked the idea of getting the entrance to the
theaters off of the back of the mall into the front, it would get kids out, and so on. The one
woman that spoke, and her house is shown in here, and I don't remember what page, indicated
that she wasn't totally happy with the fact that she was going to be able to see part of the mall
from her...ah...from her home, and that was the only negative...ah...that I heard at that
meeting.
JMB And she doesn't know they're going to plant trees to hide it.
JF And nobody's called to tell her?
PD No.
BAC Let me ask a quick question, just to make sure that what I understand is right. Um...Condition
Number 9, which has to do with...with parking lot trees?
PD That will apply to the entire parking lot. In...in that part of the program will be the
ah...reconfiguration and restriping of the entire parking lot-- front, back, sides, everything.
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BAC Okay. And so that's clear to the developer, and...
PD That...that our expectation, and we've communicated is that if...if...
BAC Yeah, I'm just making sure.
PD ...it complies, this...ah...with our current, actually our more than current, our...ah...as you
know we have a...a new plan, which yet to be absolutely adopted, but which we are enforcing
on all new projects, and we would expect this one to comply.
JMB Is the gentleman from Trizec going to make a...are they going to make a presentation?
PD Ah...again, they have the full...ah...slide show of, basically duplicating the...
JMB One we saw?
PD ...the...the exhibit you have...ah...you can...they can give as much, or as little of it...ah...as
you want.
RAS How 'bout showing a slide of the garage, proposed garage with the fig?
PD Okay. Again, he's...
JMB How the parking structure looks. It's different.
PD Ah...ah...I guess the other question is, is all the Council...ah...is...I guess, particular of
Mr. Crites, have you...you've seen the exhibits?
BAC Mmm hmm.
PD Did you see the package of exhibits?
BAC This stuff?
PD Yes. Okay.
BAC No. I mean I'm...it's sitting in front of me now, so yeah.
SK Mayor Benson, Members of the Council, my name is Skip Kuehn, I represent Hahn -Palm
Desert, and I work for TrizecHahn Development Corporation. Um...in this
rendering...um...what you see is the parking structure. It extends from...ah...approximately
Monterey all the way over to Town Center...ah...Drive...and...ah...in the background you will
also see...ah...not only the porte cochere that is the highlight of the entry off the parking
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structure into the mall, but also the theater behind it. Um...this parking structure is
festooned...um...largely as a result of some comments by the Planning Commission and the
Architectural Review Committee, with the creeping fig, very similar to what you have out here
on the Civic...um...on the City Hall. Um...and coincidentally, it's approximately the same
height, although the column spacing is about 60 feet intermittently. So um...that's about the
base spacing on the parking structure itself. Um...what we have done is to...um...also
address...um...a potential acoustical issue as it relates to this is a relatively tall parking
structure, and the intent is so that it doesn't seem very low and very threatening as you walk
under it. Consequently, at the outer edge of it, it will be approximately 20 feet in .the air.
Um...what this does, even though it does follow the general contour of the existing site, is that
it...it creates...um...an open and airy feeling underneath it that's a lot less threatening to most
of our customers. Um...by virtue of having had this acoustical...ah...review done, what we've
done is...ah...it's shown that we can reduce the sound transmission that might go into our
neighbors by approximately eight decibels, and that's a pretty significant amount of transmission
loss. So what we've done is we've already incorporated into the spandle design...ah...the
recommendations of the acoustical engineer, which was to increase that height from 42 inches
to 54. Now that may sound strange-- it goes from 3' feet to 4' feet, but as the car drives by
it, it...it helps mitigate by raising the height of that wall so the sound goes up instead of out.
Um...in addition, as Mr. Drell described to you...um...along the...ah...Rancho Grande
elevation of our project, and we do have some gaps in the landscaping, it's quite mature now,
and 60- to 70-foot trees, and why there's some gaps there, it may be just...ah...that was part
of the design originally, or trees may have died over the years, whatever. But it's every bit of
our intent to...ah...replace those and fill in those gaps, trying to mitigate as much as we can the
height of that theater building. Now in response also to...um...comments by...ah...the City
Council, Planning Commission, and the Architectural Review Committee, what we have done
with respect to the theater itself is make a number of changes to reduce the height of it.
Originally when we came here before you, we were calling for approximately a 70-foot
building. That building...um...although there is a part of it that is at 70 feet still, it's in the
center of the building, and...um...it is only the part that has to be that tall to hide
the...ah...mechanical equipment for the theater. Around the perimeter, we've reduced the
heights of those parapets down to 66 and 62 feet, respectively, and placed all of the exiting
stairways on the outside of the building to modulate that big, long expanse of blank wall.
Um...if you'd like, I can advance the slide show to...ah...the slide that shows the exterior
rendering of the theater and describe to you these elements.
JMB Please, Skip.
RAS We've already seen them, but you go ahead.
BAC All right... (unclear)
— RAS (Unclear)
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SK In...ah...in...in this rendering you're actually seeing it from the corner. This is the part, this
is the corner that's going to be closest to our neighbors to the north, and...um...one of the
things that's a little bit, well, it's hard for me to kind of point to it and, but in the foreground,
ah...right there...ah...that's one of the exterior...um...um...exiting stairs. And what it does
is by virtue of its stepping back and going forward, and the fact that by moving some of these
taller elements further back, it reduces the...um...the apparent height of them and their
imposingness-- we're trying to, by virtue of perspective as well as mitigation of the heights
themselves by reducing them, kind of step it back so it tends to recede back into the background
a little bit more. Ar-...aroun-...along the...ah...I'm going to go to another slide and show you
where the...the tall piece of the building is, just a moment. Um...this piece is um...you're
looking at the...the long um...axis of the building, which you...ah...you probably...you
actually never see. You can see it only a little bit in the upper...um...ah portion of this
elevation, but down below you'll notice that the only height that's 70 feet is
probably... um... something in the neighborhood, it's right there where Bill's pointing to.
Um...it's probably approximately 15 to 20 feet wide, and we've tried to push it as far back on
the building as we can so that we've...ah...basically hid the mechanical equipment but tried to
lower the building at the same time.
JMB Is there anything else you want him to show?
BAC (Unclear)
JMB What?
BAC I think everybody else has seen everything...
SK Oh...ah...incidentally...ah...Councilman Crites, I've already met with John Nagus. Um...he's
pretty...um...supportive of this, and we're going to work together
to...ah...ah...incorporate...ah...the Art In Public Places into our play area, which actually is
going to happen between the existing...um...sort of wall of where the gap is and the existing
theater-- we have currently an area there that's...ah...it's filled with trees, it's probably the best
landscaped area on the site. And...ah...we're going to try and maintain some of that
landscaping and incorporate a children's play area and a fountain and some other area...some
other elements.
JMB Okay. Any other questions or...ah...I think Mr. Kelly has a comment.
RSK Yeah...you can turn the lights on for mine, I want to see everybody. Um...we...we have a
little list of...um...things here-- concept of double deck parking garage, concept of expanding
Robinsons May, concept of stadium theaters, concept of Penney's, et cetera, et cetera, et cetera,
and I'm concerned that there isn't more definition here for the transit...ah...station that we're
going to be tying in, and I think that we have...um...ah...a great opportunity to do something
really spectacular there. Ah...with...ah...all...all of the SunLine buses making their transfers
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right outside there in the street, it's always been a problem with people crossing the street and
jaywalking because you can't set it up, we got a wide street there. And so here we have an
opportunity, and we have...a...um...a grant to design the transit center. Um...we went down
to...ah...San Diego, and...ah...um...I know th-...there's...to learn more and see what they're
doing-- we went to the...ah...that the Fashion Valley Mall where they have an intermodal
station there. That intermodal station is tied right in with the shopping center, in fact, it's
closer to the building than the parking lot and the parking structure, and the manager
there...ah...was extremely...um...ah...ah...pleased and bragging about how wonderful that
center was. The light rail actually co -...light rail coming in there...ah...at the time I saw it
there were...ah...about six or seven buses there. We're doing a...a study, and I...I
guess...ah...um...Mr. Wohlmuth can tell us where that stands, but I am worried that somebody
is doing a study for $45,000.00...ah...but they're doing a study that's
completely...ah...unrelated to the project that's going on and that it's not being tied in with it,
and there's a...ah...a comment to set it off...ah...and get it away from the building so it
won't...ah...bother...or...or have a bad effect on the center. And I want to tell
you...um...having just seen presentations from these kind of little...ah...um...ah...intermodal
stations like we're building...ah...prize-winning architecture,
prize-winning...ah... ah...intermodal stations from all over the United States and from other
places in the world that we have an opportunity to do something really spectacular there.
Ah...we would...ah...we...we get good notoriety anyway right now with the Sun -...we're well
known throughout the nation, SunLine Transit is because of the things we're doing with our bus
and everything-- we have these beautiful buses, everybody loves our buses...ah...we want to
stick 'ern out in the street, we don't want 'ern to get near there, and I think that you are missing
a great opportunity if you don't...ah...put that...tie that in, you know, maybe even tie it in with
some kind of a restaurant there. But we should want to have a place where people can come
there and make their changes when they're waiting for the next bus that they can sit somewhere
and...ah...if we don't do something good with an intermodal station there when we're putting-
$10 million into a parking structure, we're making a horrible mistake, and I, for one, if I'm not
satisfied that we're doing something, and it's tied in, and we're going to take advantage of this
great opportunity we have, I'm sure not going to vote for it! That's my humble opinion.
BAC Well I'll make one comment to the gentleman that's a little...that's different than Dick's, and
I understand why that's a concern to you. And so let me just pitch one more out. Um...I see
this, and I'm appreciative of I think the improvements have been made, but sort of like Dick's
comment with the $10 million, you know, that we're putting into this...I. have a level of
disappointment that I'm sure that whatever you guys did, as an example in the public arts and
everything will be wonderful stuck in a play area and so on. But I think we're missing the same
level of opportunity of not taking our arts program and having it integrated into the physical
design of the buildings and various things, and so on and so forth, so that this darn thing looks
splashy. A lot of other cities have done things like that, and it looks good, rather than, once
again, "Well, okay, now we're done with all this, now we're in the play area, we'll stick a
fountain, or a statue, or this, or that." And I don't think that's the best use of our money, and
I've said it for months, and...and...I'm one person, and so be it, but 1 think we can make this
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project a whole lot more of a wow than what I see so far and that. And I know we're just ---
conceptual, conceptual, conceptual, but by the time the conceptuals are done, it's over, and
we're left with...
RAS Unfortunately, you didn't see the presentation, there's a porte cochere as you come into the mall
that is very dramatic, and maybe we ought to take a minute and...ah...and review that...
BAC Well what I heard from...from them is that here's where they're going to put their AIPP
money-- that's what they just told me.
RAS Well...I...I understand. I understand. I understand, but it...it is unfortunate that you didn't.,
you weren't there for the total presentation.
BAC And I grant that, and sometimes my job doesn't allow it. So. So be it.
RAS I understand that. This is...
RSK It's still unfortunate.
BAC I agree.
JF I have a procedural question. Because I'm...a...I thought we had approved this in August, and
we just had a negative declaration in front of us tonight, of environmental impact.
PD N-...n-...we, by Minute Motion, conceptually approved, in essence, you gave them a real
strong wink. In terms of approving the resolution of approval with the conditions of approval
with saying, "Yes, you can build a 60-..64-foot high theater that looks basically like, and it
looks" ...that didn't occur.
JF That did not...it...and...is that occurring tonight?
PD Th-...that can occur tonight. Ah...remember at...at that time, staff, at that time, especially at
the time the report was written...ah...the theater was basically a...ah...undistinguished box.
By the time it got to the meeting, they had done some refinements to it, and subsequently,
they've done more refinements to it. So it has then gone to the Architectural Commission, and
now they've given it preliminary approval. So the...ah...again, based on your evaluation of
the design of the project, is it at a stage where...ah...you can say, in terms of
the...ah...physical dimensions, the general, you know, is this a point as a...as a...granted that
there's going to be again, more architectural refinements that...that you are going to be in a
position to be reviewing. Ah...in terms of the general, again, description of the exhibits that
you see, are they acceptable or are they not? Ah...or is...is...is a...is the theater as you see it
designed...ah...acceptable in terms of its physical dimensions given the design direction it has,
or is it not? Or...or is the Applicant...should the Applicant be directed to...ah...put it in the
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JF
ground? Ah... should they be directed to, again, change the architecture? Um... th-... those
are...ah...ah...ah...again, those are, that's a fundamental direc-...the Architectural Commission
has said yes, that the improvements you've made are now make it acceptable. Ah...th-...they
need a re -...a similar sort of reaction either positively or negatively from the...the Council to,
in the form of what we usually approve as saying yes, in general description, this is you can
build this. And that did not occur on the Au -...in the August meeting.
Well this ties into what Councilman Crites said. Typically, when we get a plan for approval,
we get blueprints, and we know specifically and exactly what's going to happen. And I was
at that meeting, and it was conceptual; I looked at those materials, which are all conceptual.
Ah...I see we've given conceptual approval, our Agenda packet said we're evaluating a
declaration of...ah...a negative declaration of environmental impact, which is not a specific
plan, per se. And...and I guess, if the question is, is it a negative declaration of an
environmental impact to put a parking structure on existing asphalt, my question is probably
yes, it is a negative declaration.
PD No...n-...
JF But we're talking about issues that have nothing to do with impacts on the environment.
RAS The way I look at it is this is a lot like the Clubhouse at our country club that we're building
right now. You saw the plan, you saw the layout, you saw where the garage is, you know the
height level, all that you know. Every piece has to go through Architectural Review and then
come back to us. The expansion of...ah...of Robinsons May has to come back to us. The
expansion of Macy's has to come back to us. The remodel of Penney's has to come back to us.
The addition of another department store there has to come back to us. This is a conceptual
plan to, hopefully, get this underway, because without that, they're not going to start. Now I'm
not suggesting that we shouldn't have the intermodal built in from the get -go, but as far as the
rest of the center is concerned, we went down there, we saw the plans, we saw stadium seating
theaters. We saw how the whole thing will layout, and conceptually, do you like it or you
don't, that's all.
JF Okay. So if staff is saying that Art In Public Places and dressing it up, the specifics will come
back to us at a later date...
RAD That's correct.
JF ...and we can add in the intermodal facility, but just, in terms of building mass...
RSK Where is it now? Where's the intermodal...where's it at right now?
RAD Ah...Mr. Wohlmuth?
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JMW The...inter-...ah...Parsons Group has, is currently our consultant in designing...um...the traffic
study, the transportation plan, the facilities layout for the intermodal station. We've been
working with Hahn-Trizec on...ah...the placement of that. It is currently in the
agreement...ah...we've identified...um...an area, which is in the north side of the parking lot.
We've talked about a corridor, a walk corridor to the building...ah...our concern in working
with Parsons and putting that intermodal station on the building or adjacent to the building is
that we are planning a little different facility, we're planning some long range parking because
of the need Palm Desert has for transportation to and from airport. For
example...um...um... the...ah... the train...ah...connection .
RSK There's a spine road that goes through there.
JF Right.
RSK That...
JMW Yes.
RSK That has the light on it and that goes next to the...
JMW Yes.
RSK ...residential area.
JMW Yes.
RSK And so...is...is...the...ah...intermodal station just on the north side of the spine road?
JMW The intermodal station is on the north side of the...
RSK How far?
JMW It is approximately...um...it starts at the end of Goodyear and goes all the way back
to...ah...the end of the property, approximately. So it goes from, I guess...um...the...the
spine...there's a spine road, and then there's another access to the fire station and Goodyear.
It would be from that acca-...ac-...ah...ingress/egress north, and Parsons is working on the
design to cor-...with SunLine and with the City of Palm Desert and with Hahn-Trizec to
provide...um...the necessary...um...bus turn connection. Um...remember, we're trying to
get...ah...the...um...the...airport transit and...
RSK Everything.
JMW ...and everything in that facility. In addition,...
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RSK Amtrak?
JMW Amtrak Thruway will be stopping...
RSK (Unclear)...not a train, it's just a bus.
JMW Amtrak Thruway will be stopping there. In addition, we're...we...in the agreement we've
placed...um...20 of...I...I believe the latest figure is 2,500 square feet of building for a coffee
shop or a...area that people can...um...
JMB Wait.
JMW ...wait for their...ah...transit. Um...but we've looked at this facility not only as a connection,
but maybe even long range parking. We...we've talked about secure parking because of the
need to have the vehicles that will maybe park there, do their weekend trip, and their vehicle
will there in the...ah...on Sunday evening kind of thing. So we've looked at a lot of different
issues. Parsons will complete the report, Dick?
RJF They've been working with SunLine and the...ah...um...Triz-...Hahn-Trizec group as well as
Mollie Doyle there. Ah...some of the things that...ah...have been mentioned by Councilman
Kelly are being considered by them. So the whole program, it's still got a ways to go. Ah...I
would say probably within the next...ah...45-60 days we'll have a report back giving
some... ah...pro-...some kind of a program on a layout.
RSK W-...well now you...it has a long ways to go but, you say, but...but we got all these beautiful
pictures about this part, why can't we have a beautiful picture that...the plot and that shows
where the intermodal station and everything is going to be also?
JF The -...they're not building the intermodal station, are they?
RSK Well I know, but I meant...my st-...they're not doing it, but staff is putting the whole program
together, and to me, that's inte-...that's an extremely important part...
JMW We place...
RSK ...of the project.
JMW We placed an envelope, a development envelope for the...the intermodal station into this
project. We will bring back that final report, designed for the intermodal station...um...ideas
on how we'll accomplish the coffee shop. We're going to actually be applying for
some...ah...large grant monies to build this intermodal station as we come up to the funding
year, and we'll bring all that back to...ah...the Council...um...as soon as Parsons completes
their work with SunLine.
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RSK Grant money is wonderful, but another worry I have is that...ah...we'll...five years down the —
line we'll still be looking for some grant money, and there'll be no intermodal station.
And...the-...there are other ways to accomplish that also.
JMW Okay. It is in the 2010 Plan. We...we accom-...we intend on getting this in the agreement,
building an intermodal station, and applying for grant money, and we'll, if grant money's not
available, or we need to proceed sooner, staff will work on the budget process and bring that
to Council.
RSK By the way, I'm not interested in just only the intermodal station, I agree with...ah...Mist-
...Councilman Crites, because one of the problems there is that long...um...parking structure,
and there was some concern, I know when we were in San Diego with some of the other
Council members about that not having...being broken up some way. So I like the idea of the
long, of the parking structure the way it is-- I think it's great, but it's a real opportunity to do
something...ah...artistically to break that up so it looks better than it does.
JF
I have a question for staff. Will us approving this negative declaration of environmental impact
in any way preclude us addressing the concerns that Councilman Crites has expressed, that I
have agreed with, and also that Councilman Kelly has brought up this afternoon?
PD O-...o-...okay, you are not just, if you -...the Agenda item is not just approving the negative
declaration, and it's an amendment to a development plan, the reason why it's a development
plan is in those days when we approved this, it was a development plan, not precise plan. So
this is approving the project. You can, through the conditions, reserve...ah...ah...additional
review of any aspect of the project you want to resu-...reserve...I...I think the...the...the
critical, in my view, issue that has to be resolved is this theater. Is...is the architectural
direction of the theater, as presented...ah...with the height as presented...um...'cause that...that
is a...one of the major, major, major aspects of this...of this plan. Ah...and it's one that has,
that's not simply designed, it's got physical requirements, that theater has physical, internal
requirements which you can't modify: Ah...is that...is...is...are those exhibits that you've seen
acceptable? Right. There are no exhibits on the...on the...ah...intermodal
station...if...if...ah...you want to reserve the...I...for example the site plan does show the
location of that intermodal station. If you're going to ex -...exempt that and say no, as far as
we're concerned, it's not necessarily there. This approval does not freeze that location; it woul-
...it could go further...further south and right up against the parking structure, whatever. I
mean, that's something for further review. So you can accept any aspect...ah...you feel needs
accepting.
RSK One more on...I...I would like to see included in any decision we make tonight concurrence
with the Council. Hopefully, ah... my fellow Council members feel strong about the
transportation center also. I don't know if you do or don't, and I don't know if you say, "Well
Kelly's just blowin' off again," or not, or how do you...the rest of you feel. Do you think
that's important, or not?
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— 3MB Well I...I think it's important, but I also...I...I think it's a...I think it should be integrated in
with it, but I don't think that's TrizecHahn's, a part of their approval tonight.
RSK But it's our staffs problem.
JMB Yeah.
RAS Yeah. Well yeah, I agree with that, and I think it should be integrated within, and I think that
that could be...I would recommend that would be a condition added. But I still feel very
strongly that we need to approve this tonight.
RSK Yeah. I'm not...have any problem with that, but...but...in the...the part of it's not their
problem, it is their problem. It's their land we're doing it on. It's...it's an integral part of the
agreement they're going to make with them because we're doing it on their property.
RAS But it's our parking structure.
RSK Exactly. See it's all tied in.
JMB Yeah, but I meant they're not in the construction of...of adding that into their plan.
RSK But it all is a part of it because it's the part of their property, and a part of the m-...
JMB But I agree with the fact that we should see a picture of how it comes out, flows through there,
the same as you're talking about...
RSK Well I you know, I never...
JMB ...but it's their approval.
RSK ...heard their commitment.
RAS Let the developer comment.
WD Okay. In the agreement with the City over the parking garage is our commitment to provide
the pad for the...the...ah...multimodal transportation system. So the 2,500 sq-...foot pad is laid
out, and we have agreed to make that available to the City or any agency that will...will build
and operate that system. Ah...we will also provide a...a shelter connection between there and
the mall as a part of our design, but we can't design to something that we don't know exists yet.
RSK We11 yeah, I understand that.
WD But we're prepared to provide that as a future improvement.
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RSK But also you have an interest in it because it's going to be a part of your complex, and so you
should be just as interested as any-...you...have an input to saying, "Hey you want to be sure
that's right," and fits in right, and is something special.
WD Well...we...we...since that's your part, we presume we'll have a chance to comment on that
when you do it.
RSK I'd like to think you'll be interested in making sure we do something.
WD But...but like we talked about it in San Diego, the Hopper for instance, that's something
that..that we need to also make...ah...accommodations for, because that wasn't originally
planned. But the Hopper would be, the Shopper Hopper?
RAS Yes..
WD Would be another connection that could be made from the transit facility to the entrances, each
of the entrances of the property, but the nice thing about that is it's a small enough bus, or fa -
...facility that it won't require the kind of design changes that...that the multimodal station will
because it requires...ah...separate asphalt for it and everything else to accommodate it.
JF
Well and I guess, since you asked the question, I would agree with Councilman Spiegel. I don't
know whether I'm for or against an intermodal transportation facility, I'm not sure I even know
what one is. Um...I know that we approved some money to do some preliminary engineering
and...and research to take a look at; I've read nothing about it, it has never been in a packet,
I defer to you in your wisdom on transportation and assume, therefore, it's probably...
RSK Mr. Spiegel, too, he's my alternate.
JF Well it's..it's....let's assume it's a good idea, it's not really in our packet tonight, and I think
the developer's expressed a willingness to work with us in a way that we're working with them
to make it a reality. I would like to find out precisely what it is we're voting on, or being asked
to vote on, if it's the theater, I'm prepared to do that; if it's the negative dec, I'm prepared to
do that. But at the same time, I want to be sensitive to the point Councilman Crites raised,
because it's my point as well, I would like to be able to go through the fine details of that
parking structure. Conceptually, I don't have a problem with it.
PD Okay. Conceptually, in terms of the footprint and the height and the physical dimensions,
okay. Um...
RAD And the Applicant is now...ah...does contact...is working with John Nagus...ah...our Art In
Public Places...um...Coordinator on that in dealing with that, and...and mov-...dealing with
the entire center...
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— BAC Right. And I think we should...
RAD ...on those issues. So we will...and will continue to play on this also.
JMB That will all come back.
BAC ...and that will come back. You know if...if indeed what you're looking for is a...reconceptual
approval of the parking structure layout...
JF Theater height.
BAC ...but the one thing is the theater height, I think we ought to, as an example, also be able to
come back and look at, for instance, some of the exterior wall treatments and so on and so
forth. Because that may very well end up being something that we do with things.
And...and...and it's a personal opinion-- I always get quivery when somebody says, "You
know what? Let me tell you how we'll fix this, we'll cover it with a plant." And I love plants,
but...but somebody's telling me something when they say that's how we'll fix it's to hide it.
Maybe there are things we can do that both hide it and do things that make it so darn visible
that we'd enjoy seeing it, and so on and so forth.
RAD And...and...we will be...we will...that will come back to do you.
PD And...and we've attempted to do that. An -...and if you...if you saw the first drawing and see
where it is now, you'd, again...
BAC Yeah, that's what I mean.
PD Ah...and...and the Architectural Commission...and...and again, that...that back of that theater
you're going to see, and you...you see from the...ah...photo illustrations, you're going to see
it, and...and there's no landscaping that's going to...that's going to screen it from most of the
views, and...and the goal is to make it acceptable to see when you see it.
BAC That's what I mean, and maybe there's some things we can do that make it more than somewhat
Spanish, or whatever it has...
RAS This whole project will take between three and four years from its start date, which God willing
will be right around the beginning of next year to finish. And all of the parts will be coming
back to this group.
JF And if... as long as I get a nod from Mr. Drell on that, I'm completely okay. I think the
developer's aware that this Council takes a very avid interest in developments of this scale.
Four of us spent an entire day with you looking at two other shopping centers in San Diego, we
brought our City Manager along, our Planning Director along, and conceptually, I don't have
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a problem with voting on this tonight. But in terms of the details, I want to make sure that they --
all come back to us.
PD Most importantly, there's an OPA out there which requires the approval, which makes the
whole thing happen, and without that, nothing can happen. So you always have that ultimate
hammer.
JF OPA?
PD The... the agreement, the business agreement relative to the participation of the City and
Agency.
JF Okay.
RAD Right.
JMB Okay. Any more questions, comments?
BAC I know that staff has all those issues down, and...and clarified for us, and the City Clerk's
office will have those in the Minutes, and so I'd move then for approval given the issues that
we've discussed today as being appropriate to return.
JF Second.
JMB Please vote.
RDK Motion carries by unanimous vote.
JMB Thank you.
For purposes of clarification, Councilman/Member Crites moved to reserve the right to further review
the issues, as he requested the City Clerk's office to duly note in these Minutes, of landscaping, theater
height, connectivity of the intermodal station, and placement of artwork for the Art In Public Places
requirement. Motion was seconded by Ferguson and carried by unanimous vote.
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XIII. REPORTS AND REMARKS
NOTE: Items 2 and 3 of City Manager Reports and Remarks were considered prior to Item 1.
A. CITY MANAGER
1. Consideration of City Ordinance Revisions Available to Charter Cities.
Mr. Diaz reported that when Palm Desert became a charter city, there were various
ordinances and empowerments available to charter cities over those which were
general law cities. He said to date, he believed not all the possible revisions had been
made, and he asked for Council's direction to proceed.
Mr. Wohlmuth stated in the way of purchasing procedures, the City had opted out of
prevailing wage requirements at the meeting which followed certification of the
election in December 1997, and that was the only revision to the City's purchasing
ordinance since becoming a charter city. He said there were other purchasing
options, as enumerated in a report submitted by Director of Finance Paul Gibson,
which could be implemented through an ordinance change.
Upon question by Mayor Benson as to what steps the Council needed to take,
Mr. Erwin responded that staff requested the approval of direction to move forward
with other revisions which were available to the City; he said there were a number
of them.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, direct staff to explore all possible
alternatives available to charter cities for saving money.
Councilman Ferguson noted that when Palm Desert incorporated, it was a general law
city, and most of its ordinances were written to follow existing government codes.
He said that now that Palm Desert was a charter city, it was no longer bound by many
of those codes, but the City had failed to audit its ordinances to determine where it
was following the State and where it could depart from general law. He requested a
list of the changes that the City could make and the ordinances that should be
reviewed, so that the Council would be in a better position to prioritize.
With Council concurrence, staff was directed to prepare a list of possible revisions the City could
make to its existing ordinances in order to make it a more effective and efficient operation.
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2. Consideration of Request for Amendment to the Children's Discovery Museum —
Articles of Incorporation.
Mr. Diaz stated there was one, red -sheet item regarding a Cove Commission action
for the Children's Discovery Museum to assist efforts to obtain exemption from the
requirement to pay property taxes.
Councilman Crites moved to add the item to this Agenda for consideration. Motion was seconded
by Spiegel and carried by unanimous vote.
Mr. Diaz reported the action was unanimously approved by the Cove Commission,
but at the time, the City was unaware that all cities had to approve it individually.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, approve the request for amendment to the
Children's Discovery Museum Articles of Incorporation. Motion was seconded by Crites and carried by
unanimous vote.
Mayor Benson added that in her capacity as liaison to the Children's Discovery
Museum Committee, she said the matter was discussed at a recent meeting, noting
that when the amendment passed and was included in the by-laws of the museum, it
would mean approximately $15,000.00 would come back to the Museum for taxes it
had paid.
3. Consideration of Request for Kleig Lights for the Opening of the Gardens On El
Paseo.
Mayor Pro-Tempore Spiegel moved to add the request to the Agenda for consideration. Motion was
seconded by Ferguson and carried by unanimous vote.
Mayor Pro-Tempore Spiegel moved to approve the use of Kleig Lights for the Opening of the Gardens
on El Paseo. Motion was seconded by Ferguson and carried by unanimous vote.
B. CITY ATTORNEY
Mr. Erwin requested a Closed Session for the City Council and Redevelopment Agency at an
appropriate time. He requested Council consideration of an item to be added to this Agenda:
Conference with Legal Counsel pursuant to Government Code Section 54957 regarding Public
Employment.
Mayor Pro-Tempore Spiegel moved to add the aforementioned item of Closed Session consideration
to this Agenda. Motion was seconded by Benson and carried by unanimous vote.
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1) Report and Action on Items from Closed Session Made at This Meeting.
2) Request for Closed Session
Conference with Real Property Negotiator pursuant to Government Code Section 54956.8:
1) Property: Lease Property - Parlcview Professional Office Buildings,
73-710-720 Fred Waring Drive, Palm Desert, CA 92260
Negotiating Parties:
Agency: City of Palm Desert/Paul S. Gibson, Finance Director
Property Owner: City of Palm Desert
Other Parties: Coachella Valley Economic Partnership
Under Negotiation: .x_ Price Terms of Payment
2) Property: Lease Property - Parlcview Professional Office Buildings,
73-710-720 Fred Waring Drive, Palm Desert, CA 92260
Negotiating Parties:
Agency: City of Palm Desert/Paul S. Gibson, Finance Director
Property Owner: City of Palm Desert
Other Parties: Alzheimer's Association
Under Negotiation: .x Price .2 Terms of Payment
Conference with Legal Counsel regarding existing litigation pursuant to Government Code
Section 54956.9(a):
a) City of Palm Desert v. REFCO Capital Corporation, et al., United States District
Court, Central District, Case No. CV92-7632
b) City of Orange, et al. v. Alabama Treasury Advisory Program, et al., Los Angeles
Superior court Case No. BC106461
Significant exposure to litigation pursuant to Government Code Section 54956.9(b):
Number of potential cases:
C. CITY CLERK
None
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D. MAYOR AND MEMBERS OF THE CITY COUNCIL
City Council Requests for Action:
1. Councilman Crites extended thanks to Mr. Drell for his contribution to the
completion work on the C.C. Myers acquisition for the manner in which land
would be distributed between the Bureau of Land Management and the City. He
felt the matter was accomplished in an expeditious fashion.
2. Councilman Crites distributed a copy of the lecture series announcement
prepared by Lisa Constande, Environmental Conservation Manager, in
cooperation with the Natural Science Collaborative, which included nearly every
teachers' group, museum, and other such organization in the Coachella Valley.
He stated the series would begin October 19 and thought it was wonderful,
covering topics from vegetable gardening with Steve Merritt to information from
the Water District, birds, archeology, the wilderness, Living Desert, camping,
etc., etc. He said they did a short series last year and ended up with
80-100 people after the first couple of meetings, so they decided to expand the
series and present it at the Multi -Agency Library. He said "Hurrah!" to all who
were responsible for producing the series.
Upon question by Mayor Pro-Tempore Spiegel about how the information on the
series would be disseminated to citizens, Ms. Klassen responded that press
releases would be prepared as well as featuring the series in the City's
newsletter.
Mr. Wohlmuth said staff would highlight the series in the December newsletter
since the November issue was nearly completed. He added that a supplemental
distribution could be made at the time the neighborhood clean-up notices were
sent.
Ms. Joan Boiko of the Palm Desert Post was in the audience and stated she
would publicize the series.
Councilman Kelly said he would like to see a lecture on fishing for next year's
series.
3. Councilman Crites, on behalf of the entire City Council, congratulated
Councilman Kelly for being awarded the 1998 State and Local Distinguished
Service Award by the American Public Transit Association. He said he learned
of the award last week and had run into Supervisor Wilson who was also very
excited for Councilman Kelly to receive the award.
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o City Council Committee Reports:
None
With Council concurrence, Mayor Benson adjourned the meeting to Closed Session at 6:12 p.m. She
reconvened the meeting at 7:08 p.m.
Mayor Benson announced that there was at this time an Artist's Reception being held in the North
Wing Art Gallery for all those who wanted to attend.
XIV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
None
XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION TO MEMBERS OF THE RECENTLY DISSOLVED ECONOMIC
DEVELOPMENT ADVISORY COMMITTEE IN RECOGNITION OF THEIR SERVICE TO
THE CITY OF PALM DESERT: CYNTHIA FINERTY AND TIM SULLIVAN (Continued
from the meeting of September 24, 1998).
Mayor Benson presented a crystal commemorative to Ms. Finerty and extended the City's great
appreciation for her service to the City.
Mayor Pro-Tempore Spiegel noted that Mr. Sullivan was unable to attend this meeting;
therefore, his presentation would be continued to the meeting of October 22, 1998.
B. PRESENTATION TO MARK GREENWOOD, TRANSPORTATION ENGINEER.
Mayor Benson stated that a special presentation was being made to Transportation Engineer
Mark Greenwood in recognition of his recent distinction of having an article published in the
July 1998 JTEJournal, which covered transportation -related issues. She said the City was very
pleased to have received favorable recognition for the supplemental disabled pedestrian push
button mechanism which Mr. Greenwood designed to assist disabled College of The Desert
students. She presented an engraved plaque to Mr. Greenwood which read, "Presented to
Mark Greenwood, your concern for the safety of all Palm Desert residents is appreciated, and
your City thanks you." She said the Council felt very strongly that credit should be given where
it was due, and his work certainly merited recognition.
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C. PRESENTATION TO COUNCILMAN RICHARD S. KELLY IN RECOGNITION OF HIS —
RECEIPT OF THE 1998 STATE AND LOCAL DISTINGUISHED SERVICE AWARD BY
THE AMERICAN PUBLIC TRANSIT ASSOCIATION.
Mayor Benson noted the recent Desert Sun article regarding Councilman Kelly's just -completed
trip to New York where he received an award recognizing the most valuable public servants'
contribution to public transit in the United States. She said the City of Palm Desert was very
honored to have Councilman Kelly receive the award since it brought such auspicious
recognition to the City. She said the contributions Councilman Kelly had made to the City,
Riverside County, and Southern California in the way of transportation improvements were too
numerous to mention. However, she highlighted his service as the longest serving member on
the SunLine Transit Agency, his contribution to the CNG buses, as well as his contribution to
the City's Golf Cart Transportation Program. She said whenever anything in the way of public
transit was considered, Councilman Kelly had done everything he could to further the cause for
the benefit of all. Therefore, she said the City wanted to, in addition to the national
organization, extend its sincere gratitude to Councilman Kelly, and she presented a crystal
obelisk commemorating the event.
Councilman Kelly graciously accepted the recognition, saying he was proud and humbled at the
same time. He said it was a tremendous honor to be in New York representing the City of Palm
Desert, where it received great notoriety. He noted that Palm Desert was compared to large
cities with correspondingly large transportation systems, which was an honor in and of itself.
He said after four days in New York, he was delighted to be back in Southern California, noting
that he felt especially fortunate to live in Palm Desert. He expressed appreciation for his
colleagues on the Council, as well as those at SunLine, because great things were not
accomplished by a single person, but resulted from the cooperative efforts of City and SunLine
elected officials and their respective staffs. He also extended his thanks to the citizens of Palm
Desert for their valuable contributions.
XVI. PUBLIC HEARINGS
A. CONSIDERATION OF APPROVAL OF A PRECISE PLAN/CONDITIONAL USE PERMIT,
TENTATIVE TRACT MAP, DEVELOPMENT AGREEMENT, AND NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT FOR AN 18-HOLE GOLF COURSE,
999 UNIT TIMESHARE RESORT AND SUPPORTING AMENITIES ON 306± ACRES ON
THE EAST SIDE OF MONTEREY AVENUE BETWEEN FRANK SINATRA DRIVE AND
GERALD FORD DRIVE Case Nos. 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, and September 10,1998).
Mayor Benson invited testimony in FAVOR of or OPPOSED to the subject cases. With no testimony
offered, she requested Council's action.
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Mayor Pro-Tempore Spiegel moved to, by Minute Motion, continue the subject consideration to the
meeting of October 22, 1998, to allow time for preparation of fiscal analysis comparison. Motion was
seconded by Ferguson and carried by unanimous vote.
B. CONSIDERATION OF PUBLIC SERVICE EASEMENT ABANDONMENT - PALM
DESERT UNIT NO. 3.
Mr. Folkers noted the report provided in the Agenda packets. He stated the Public Works
Department had reviewed the situation, the appropriate actions had been taken, and staff
recommended adoption of the resolution of abandonment.
Mayor Benson declared the public hearing open and invited testimony in FAVOR of or OPPOSED
to the subject abandonment. With no testimony offered, she declared the public hearing closed.
Councilman Ferguson moved to waive further reading and adopt Resolution No. 98-126 abandoning
a public service easement within the Palm Desert Unit No. 3 subdivision. Motion was seconded by Spiegel
and carried by unanimous vote.
C. CONSIDERATION OF STREET NAME CHANGE FOR THE PORTION OF VERBA
SANTA DRIVE ON THE WEST SIDE OF HIGHWAY 74.
Mayor Benson declared the public hearing open and invited testimony in FAVOR of or OPPOSED
to the subject street name change. With no testimony offered, she declared the public hearing closed.
Mayor Pro-Tempore Spiegel moved to waive further reading and adopt Resolution No. 98-127
approving a street name change for the portion of Verba Santa Drive on the west side of Highway 74 to
West Verba Santa Drive. Motion was seconded by Ferguson and carried by unanimous vote.
D. CONSIDERATION OF A CHANGE OF DATE FOR THE PALM DESERT GENERAL
MUNICIPAL ELECTION.
Mrs. Gilligan reported that recently the City of La Quinta had changed its election mainly due
to the drop in voter turnout they had experienced in recent years. She said that after researching
the City's records for the past five elections, it was found that there had also been a significant
drop in Palm Desert's voter turnout, as much as 65%. Therefore, the matter had been placed
upon the Agenda for Council's consideration whether it wanted to leave the City's election in
the odd -numbered years, consolidated with the School District Elections, or change it to the
even -numbered years so that it was consolidated with the Statewide General Election.
Mayor Benson commented that the County now had a new building and new equipment it did
not have previously, which would allow for processing of the election.
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Mrs. Gilligan responded that the County preferred that the City remained in the UDEL
Elections; however, she confirmed that it had a new building, increased staff, and a new
computer system. She said after speaking with Mischelle Townsend, Registrar of Voters, she
indicated that their office could handle two or three more cities in the Statewide General, but
no more, noting that Palm Desert would be the second.
Mayor Pro-Tempore Spiegel stated he understood that when it was decided to go to the
odd -numbered years, one of the main considerations was for saving money.
Mayor Benson replied that the main consideration was equipment and due to the request of the
Registrar at that time.
Mrs. Gilligan said that the City did save money; the costs reflected in the report represented
50% of the actual bill. Therefore, she said when the amount paid was $28,000.00, the bill was
actually $56,000.00-- money was saved, but voter turnout was sacrificed as a result.
Mayor Benson declared the public hearing ppm and invited testimony in FAVOR of or OPPOSED
to the change of date for the election. She pointed out that if the ordinance was adopted, a postcard
would be sent to all Palm Desert registered voters.
Mrs. Gilligan stated Mayor Benson was correct, adding the postcard would be sent within 30
days of the Board of Supervisors' approval. She said that once the ordinance received second
reading and adoption, it would be forwarded to the County Board of Supervisors, and only if
approved, it became official.
With no public testimony offered, Mayor Benson declared the public hearing closedl.
Councilman Ferguson stated he was very much in favor of the City returning to an
even -numbered year election. He felt it was admirable that the City tried to lighten the
Registrar's workload, but at a 65 % reduction in voter turnout, he felt citizens' participation in
democratic government was more important than dollars and cents, adding that since the County
no longer suffered a staffing problem, he saw no good reason to maintain an off-year election.
Councilman Crites said he had solicited the opinions of two political science teachers as well
as two officials from the League of Women Voters. He said the political science teachers both
came down on the side of the off-year elections because they felt there was more focus on local
elections, nothing else competed with them, adding that while there were a smaller number of
voters, those who turned out did so for local issues. He said that the two officials of the League
of Women Voters both agreed that more voters would be gained, some of whom were informed
voters who just did not come out for small elections, and the increased number of voters was
really what should motivate a City to make that decision-- it should move back to an
even -numbered year election. He said he found the divergence in opinion interesting and
represented what the matter basically boiled down to.
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Councilman Kelly asked for clarification by Councilman Crites as to what his idea would be on
the matter. He wondered if he had mistakenly understood Councilman Crites to say that there
were two classes of voters-- informed and uninformed-- which he had previously denounced.
Councilman Crites responded that he had mixed feelings on the matter. While he felt that
off-year elections had less competition for voters' attention, he felt that voters also thought more
about elections all the way around when there were Governors, Senators, and Congressional
representatives on the ballot. He said on balance, probably the higher turnout was the more
valuable of the two comments, yet he felt both rationales had merits to be argued in either
direction.
Councilman Kelly felt that getting more people involved with voting was important. He
cautioned that if there was any feeling that those voters were not as sincere, or their vote was
not valued as much, it was not a good way to view the issue. He noted that many of the voters
who came out would likely become more interested and would look into who was running. He
said while he had no personal preference if the election year was changed or not, he suspected
Palm Desert citizens would probably opt for the change based upon the figures shown in the
subject report.
Mayor Benson commented that it cost as much money, only it was more per vote in odd years,
and not as many turned out. She said when postage was spent in mailing to over 10,000 voters
and only 2,500 voted, it was money wasted.
Councilman Ferguson clarified that he was not picking on teachers, but he never had much
regard for political science as a science, yet he thought the intellectual theory could be made.
However, he believed everyone had the right to vote, and the more that voted, for whatever
reason, was better for the democratic form of government.
Mayor Pro-Tempore Spiegel said he had just heard a speech at the League of California Cities
Conference from which one comment struck home to him, and he quoted, "If the horse is dead,
get off."
Mayor Pro-Tempore Spiegel moved it was appropriate to: 1) Waive further reading and pass
Ordinance No. 896, to second reading, requesting the Board of Supervisors of the County of Riverside to
authorize 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; 2) appropriate $10,000.00
to Account No. 110-4114-410-3660 for the production and mailing of postcards to each registered voter in
the City notifying them of the change in the General Municipal Election date. Motion was seconded by
Ferguson and carried by unanimous vote.
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XVII. ADJOURNMENT
Mrs. Gilligan announced to the Council that Mr. David Hermann, new Palm Desert beat reporter for
The Desert Sun, was in the audience for those who had not yet had the opportunity to personally meet
him.
With Council concurrence, Mayor Benson adjourned the meeting to Closed Session at 7:28 p.m. She
reconvened the meeting at 7:59 p.m. and immediately adjourned with no action announced from Closed
Session.
ATTEST:
A/%etec_,--/
-7 SHEILA R. GIL IGAN, 1 Y CLERK
CITY OF PALM DESE CALIFORNIA
M. BENSON, MAYOR
48