HomeMy WebLinkAbout1998-09-24MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, SEPTEMBER 24, 1998
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I. CALL TO ORDER
Mayor Benson convened the meeting at 4:02 p.m.
H. ROLL CALL
Present:
Councilman Buford A. Crites arrived at 4:15 p.m.
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
Carlos L. Ortega, RDA Executive Director
Richard J. Folkers, ACM/Director of Public Works
John M. Wohlmuth, ACM/Director of Administrative Services
Phil Drell, Director of Community Development
Paul S. Gibson, Director of Finance/City Treasurer
Teresa LaRocca, Housing Manager
Rachelle D. Klassen, Deputy City Clerk
III. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of September 10, 1998.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 15, 16,
and 16PD Office Complex.
Rec: Approve as presented.
C. CLAIM AGAINST THE CITY (#367) by Cecilia Woodward in the Amount of $90.00.
Removed for separate consideration during Closed Session discussion at this meeting.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998
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D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Angelo Dormizzi for
Angelo's, 72-820 El Paseo, Palm Desert.
Rec: Receive and file.
E. MINUTES of the Civic Arts Committee Meeting of July 13, 1998.
Rec: Receive and file.
F. MINUTES of the Library Committee Meeting of July 8, 1998.
Rec: Receive and file.
G. RESOLUTION NO. 98-113 - A Resolution of the City Council of the City of Palm Desert,
California, Setting Forth its Findings and Authorizing the Destruction of Files from the
Department of Building and Safety that Have Been Microfilmed (July 1998).
Rec: Waive further reading and adopt.
H. RESOLUTION NO. 98-114 - A Resolution of the City Council of the City of Palm Desert,
California, Setting Forth its Findings and Authorizing the Destruction of Files from the
Department of Building and Safety that Have Been Microfilmed (August 1998).
Rec: Waive further reading and adopt.
I. REQUEST FOR APPROVAL of Final Tract Map 28861 (Sunrise Company, Applicant).
Rec: Waive further reading and adopt Resolution No. 98-115 approving Tract Map 28861.
J. REQUEST FOR APPROVAL of Final Tract Map 28846 (Winmar Palm Desert, LLC,
Applicant).
Rec: Waive further reading and adopt Resolution No 98-116 approving Tract Map
28846.
K. REQUEST FOR AUTHORIZATIQN to Release the Grading Improvement Security for
Tract 27770-1 (Sheffield Homes, Applicant).
Rec: By Minute Motion, authorize the City Clerk to release the subject improvement
securities.
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— L. REQUEST FOR APPROVAL of Developer Art Fee Refund (Seventh Day Adventist
Church, Applicant).
Rec: By Minute Motion, approve the AIPP and Civic Arts recommendation to accept as
complete the Bill Ware sculpture commissioned by the Seventh Day Adventist
Church and refund developer fees of $8,015.79 paid into the Public Art Fund.
Mayor Benson stated that Item C of the Consent Calendar would be removed for consideration
during the Closed Session portion of this meeting.
Upon a motion by Spiegel, second by Kelly, and a 4-0-1 vote of the City Council with Councilman
Crites ABSENT, the remainder of the Consent Calendar was approved as presented.
IV. CONSENT ITEMS HELD OVER
C. CLAIM AGAINST THE CITY (#367) by Cecilia Woodward in the Amount of $90.00.
Removed for separate consideration during Closed Session discussion at this meeting.
V. RESOLUTIONS
None
VI. ORDINANCES
For Introduction:
None
For Adoption:
A. ORDINANCE NO. 876 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE NO. 513 AND
AMENDING SECTION 10.36.010 OF THE MUNICIPAL CODE RELATIVE TO
ESTABLISHING SPEED ZONES (Haystack Road).
Councilman Ferguson moved to waive further reading and adopt Ordinance No. 876. Motion was
seconded by Kelly and carried by a 4-0-1 vote with Councilman Crites ABSENT.
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B. ORDINANCE NO. 885 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 861 CREATING
A HOUSING COMMISSION PURSUANT TO THE HOUSING AUTHORITIES LAW.
Mayor Pro-Tempore Spiegel moved to waive further reading and adopt Ordinance No. 885. Motion
was seconded by Ferguson and carried by a 4-0-1 vote with Councilman Crites ABSENT.
C. ORDINANCE NO. 887 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, ESTABLISHING THE PROCEDURE FOR
PREFERENTIAL PARKING DISTRICTS WITHIN A RESIDENTIAL ZONE IN THE
CITY OF PALM DESERT.
Mayor Pro-Tempore Spiegel moved to waive further reading and adopt Ordinance No. 887. Motion
was seconded by Kelly and carried by a 4-0-1 vote with Councilman Crites ABSENT.
Mrs. Gilligan noted for the record that the Public Safety Commission looked at the subject
ordinance yesterday at their regular meeting, and with the exception of making one clerical
change, it was approved unanimously.
VII. NEW BUSINESS
A.
REQUEST FOR AUTHORIZATION TO ENTER INTO AN AGREEMENT FOR
TRANSPORTATION MODELING SERVICES (CONTRACT NO. C14890).
Mr. Folkers stated the subject request was for an agreement to prepare a modeling program
which would encompass a greater scope than what they presently utilized. He said the
CVAG Valley -wide regional program was not specific enough; every time the City
experienced a major development, detailed modeling had to be done. He said staff intended
to procure a system to take the City beyond 2020 in order to more precisely note the traffic
impacts of developments as they were proposed and approved. He noted the current CVAG
model only projected to 2010 and only primarily covered only selected streets on the major
system, not even all of the major streets. He commented that staff felt this project would
be a tremendous help for traffic projections and planning aspects to be reviewed for major
projects.
Upon question by Mayor Pro-Tempore Spiegel as to how long it would take to complete the
transportation analysis, Mr. Folkers responded it would be approximately 60 days, adding
that Mr. Greenwood could answer specific questions.
Mr. Mark Greenwood, Transportation Engineer, stated he expected a 90-day time frame to
complete the analysis.
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Upon question by Mayor Pro-Tempore Spiegel as to what the City would get for
$50,000.00, Mr. Greenwood answered the City would have a computerized model of its
transportation system. He added that currently the particular area lacking was that the
CVATS model operated by CVAG only modeled links on the arterial streets, but not even
all the arterial streets were included. He said the requested newer, more microscopic scale
model would replicate the intersections to reflect turning movements, projecting necessary
signalization, multiple left turn lanes, and multiple through lanes, etc., that staff did not
currently have the capability to do.
Mayor Pro-Tempore Spiegel asked whether the proposed system took the City's zoning into
consideration to project future development (i.e. Monterey Avenue towards I-10) and
determine whether streets were wide enough, what modifications were required, etc.
Mr. Greenwood stated it would; the system was based upon the entire zoning for the City,
and as zone changes or additional development occurred, the model would be modified to
provide the results.
Mayor Benson noticed in RKJK's proposal the process would take up to four months. She
had some questions on the proposal as she felt it was rather expensive considering much of
the data would be acquired in transfer and then they would go on from there-- she felt they
were not collecting much new data. She also questioned the sentence, "It should be noted
that much of the increased traffic is the result of approved projects in neighboring
jurisdictions which Public Works Department only recently became aware of." She thought
the City knew what was happening in other cities of a significant nature so that it could
comment on these projects prior to their final approval.
NOTE: Councilman Crites arrived at 4:15 p.m.
Mr. Folkers responded that the City analyzed projects around its perimeter, but projects
located outside of that immediate area were not.
Councilman Kelly wondered whether traffic from Indio and Coachella was taken into
account since much traffic came from that area.
Mr. Greenwood stated that when the recent traffic study for the Palm Desert Town Center
project was conducted, it was discovered there were 38 approved projects in Rancho Mirage
of which the Public Works Department was only aware of about five.
Mayor Benson stated her concern arose from the fact that there was already a system
through 2010, and this request cost $50,000.00 to go beyond 2010. She foresaw this system
being out of date in 2010.
Mr. Greenwood answered that the model would be a living document.
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Mr. Folkers added that every time new projects or new developments occurred, the model
would be periodically updated to prevent it from being an obsolete document; it would be
useful for both Public Works and Planning.
Upon question by Mayor Pro-Tempore Spiegel as to whether anything like this had ever
been done in the City, Messrs. Folkers and Greenwood said it had not.
Upon question by Mayor Benson whether the City had a model or did not, Mr. Folkers
responded that the City had access to the CVAG model which really did not cover all the
City's needs.
Councilman Kelly commented that from his experience on various traffic committees on
which he served, many cities have such a system, and SCAG tried to keep a regional model
for Southern California. He felt it was considered a valuable document for monitoring the
status of traffic and felt the cost might even be low.
Councilman Kelly moved to, by Minute Motion, authorize the Mayor to execute an agreement with
RKJK and Associates, Inc. for transportation modeling services in an amount not to exceed $49,960.00.
Councilman Ferguson concurred with Mayor Benson's and Mayor Pro-Tempore Spiegel's
comments. He recalled the Palm Desert Country Club traffic study and Councilman Crites
asking how the document, even if obtained and paid for, would assist in resolving any of
the traffic issues experienced by the City. He noted that traffic issues existed with every
development which came before the Council, including two large ones at this meeting. He
inquired how the presence or absence of this model prevented residents' insistence on an
independent study being conducted or prevented the Planning Department's insistence that
the developer undertake its own traffic study-- the issue had come up at Highway 111 and
El Paseo, would come up at Country Club and Monterey, and San Gorgonio and Monterey
at this meeting. He said that while computer models were great, he noted that no one
believed the trip generation studies done on national standards because they did not take into
account the seasons, etc. He said even for $50,000.00 he was not very persuaded by the
computer model saying one thing when everyone's real life experience was contrary. He
deferred to the expertise of Mr. Greenwood and asked him for a statement that this would
be a valuable tool to assist the Council in addressing traffic problems.
Mr. Greenwood stated he absolutely believed this would be a valuable tool for the City. He
noted that some of Councilman Ferguson's concerns were valid; the system was not a magic
bullet-- there would still be concerns and residents would still have their concerns on major
projects. He added that the system did not preclude required traffic studies for projects; it
would facilitate such studies and would make it easier to compare a study in one section of
the City to an adjacent project or a project across town. He said all the studies would be
melded together in a format which would be easier to understand for staff, developers, and
residents.
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Upon question by Councilman Ferguson as to the useful life of this model and how it would
be updated, Mr. Greenwood answered that as soon as the first development occurred outside
the model, the model would need updating. He said that part of the contract included a
basic level of training to staff so that as time allowed, small projects could be input to
update the model-- when larger developments occurred where a study was required, the
model would be provided to the contractor, they would enter their base information as part
of their study and provide the information back to the City from its own model. He noted
they would still do a study but would have a better tool to work with, and the City would
have a document to pass onto the next developer which was already updated.
Upon question by Councilman Ferguson as to whether annexations of new territory were
included, such as the proposal north of I-10 to be considered at this meeting, Mr.
Greenwood said the model proposed went as far west as Bob Hope Drive and as far east as
Jefferson. He said it included some area north of the freeway in case the City was to
expand into those areas, the subject ground would be represented. He said as far as the area
north of I-10, he was not completely certain that it was wholly represented.
Mayor Pro-Tempore Spiegel commented that whether the area was annexed or not, it would
still affect the City's roads with traffic.
Mr. Greenwood said he believed the area was already represented in the model as an area
of influence.
Mayor Benson questioned whether the information provided by the proposed model would
be something the City could sell to developers since they would not have to pay the cost of
their own traffic study. She felt the City could perhaps recoup its money on the project in
this manner.
Mr. Greenwood answered that some cities had taken a similar approach where a fee was
obtained for use of City facilities, such as this type of model on disk.
Mayor Benson noted that the proposal also stated the model was not a panacea, it just
painted a pretty picture.
Mr. Greenwood responded that it helped staff paint the picture of the future; it did not make
the future any better than it would be, only assisted in looking a little further with a clearer
picture than it would have otherwise.
Mayor Pro-Tempore Spiegel asked whether Mr. Folkers would be utilizing the model for
projecting the Public Works budget for annual roads maintenance.
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Mr. Folkers thought this element could be worked into the model. He said currently staff
attempted to do its best with manual calculation; with a computer and a modeling system,
he presumed the job could be done more precisely.
Mayor Pro-Tempore Spiegel felt some decisions made presently resulted from an emotional
response rather than a logical one due to the absence of such a program.
Mayor Pro-Tempore Spiegel seconded Councilman Kelly's motion to approve authorization of the
Mayor's execution of an agreement with RKJK and Associates, Inc. for transportation modeling services
in an amount not to exceed $49,960.00.
Councilman Ferguson asked for Councilman Crites' input on the discussion since he had in
previous such discussions expressed his concern for the marginal utility of traffic studies.
Councilman Crites stated that from a professional point of view, such systems probably have
value. However, he suspected when traffic studies disagreed with personal perception
whether the study was accurate or not, they did not receive much weight.
Mr. Greenwood offered that over one-third of the budget on the subject project went toward
validating the current conditions in the model. He said much time would be spent tailoring
the model so it represented the streets as they were known today, and this would be used at
the City's comfort level so the model would also represent streets in the future. He
reiterated the great deal of effort which would be expended in order to make the model a
document the City felt valid.
The motion carried by a 4-1 vote with Mayor Benson voting NO.
B. CONSIDERATION OF AGREEMENT BETWEEN THE STATE OF CALIFORNIA
DEPARTMENT OF HEALTH SERVICES AND THE CITY OF PALM DESERT FOR
THE CITY'S BICYCLE SAFETY PROGRAM (CONTRACT NO. C14900).
Mr. Diaz noted this had been a very successful program which staff desired to continue.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, authorize the Mayor to execute the
Agreement (State of California Agreement No. 98-15400) with the State of California Department of
Health Services for the subject program. Motion was seconded by Ferguson and carried by unanimous
vote.
With Council concurrence, Items C, D, E, F, and G were considered simultaneously.
Councilman Ferguson had a question which applied to all five, whether there was any cumulative
fiscal impact associated with the recommended changes.
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Mr. Diaz responded there probably would be; however, he did not have an exact amount to report.
He suspected it would not be a major impact.
Upon question by Councilman Ferguson as to whether the impact was $20,000.00 or $30,000.00,
Mayor Benson answered that it would not be that much. She said when the Center was established,
estimates of rent charges for the non-profit organizations were projected in relation to what the
City's costs would be, and it ended up a few thousand less than the City expected resulting in the
recommended reduction in rent charges. She said it was not a major amount, adding that this was
really the first year the City had figures to calculate the true ratio.
C. CONSIDERATION OF AMENDMENT TO THE MAINTENANCE AND OPERATION
AGREEMENT FOR THE PORTOLA COMMUNITY CENTER BETWEEN THE CITY
OF PALM DESERT AND THE COACHELLA VALLEY RECREATION AND PARKS
DISTRICT (CONTRACT NO. C11991).
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, authorize the Mayor to execute the
Amended Maintenance and Operation Agreement for the Portola Community Center. Motion was seconded
by Kelly and carried by unanimous vote.
D. REQUEST FOR APPROVAT, OF SUBSIDIZED RENT FOR THE BARBARA SINATRA
CHILDREN'S CENTER OFFICE AT PORTOLA COMMUNITY CENTER (CONTRACT
NO. C12181).
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, authorize the Mayor to execute the
Supplemental Rental Agreement for the Barbara Sinatra Children's Center. Motion was seconded by Kelly
and carried by unanimous vote.
E. REQUEST FOR APPROVAL OF SUBSIDIZED RENT FOR THE DESERT AIDS
PROJECT OFFICE AT PORTOLA COMMUNITY CENTER (CONTRACT NO. C14521).
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, authorize the Mayor to execute the
Supplemental Rental Agreement for the Desert AIDS Project. Motion was seconded by Kelly and carried
by unanimous vote.
F. REQUEST FOR APPROVAL OF SUBSIDIZED RENT FOR BIG BROTHERS/BIG
SISTERS OF THE DESERT OFFICE AT PORTOLA COMMUNITY CENTER
(CONTRACT NO. C11963)
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, authorize the Mayor to execute the
Supplemental Rental Agreement for Big Brothers/Big Sisters of the Desert. Motion was seconded by Kelly
and carried by unanimous vote.
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G. REQUEST FOR APPROVAL OF SUBSIDIZED RENT FOR THE STATE OF
CALIFORNIA (COACHELLA VALLEY MOUNTAINS CONSERVANCY) OFFICE AT
PORTOLA COMMUNITY CENTER (CONTRACT NO. C11972).
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, authorize the Mayor to execute the
Supplemental Rental Agreement for the State of California (Coachella Valley Mountains Conservancy).
Motion was seconded by Kelly and carried by unanimous vote.
H. CONSIDERATION OF REQUEST FOR FUNDING THE SKINS GAME.
Mrs. Gilligan stated the subject request had been presented in August by a representative
of The Skins Game, and per City policy, it was referred to the Promotion Committee at its
September meeting. She said staff recommended approval of the request in the amount of
$50,000.00 contingent upon participation by all four cities of Indian Wells, La Quinta, Palm
Desert, and Rancho Mirage. However, she said staff recommended the perk package
included with the proposal be declined. She said the Promotion Committee received a
presentation by Mr. Terry Ross, which was followed by considerable discussion, and
recommended, in keeping with the City's policy to promote and support regional activities
as they were good for the whole Valley, the City Council approve the $50,000.00
participation in The Skins Game promotion. She referred the Council to Mr. Ross for
further questions.
Upon question by Councilman Crites whether exclusion of the perks package and the
elimination of La Quinta's Mayor Pena and his business associate's receipt of a perceived
sizable recompense in this promotion served to reduce the amount of expenses to be incurred
which would in turn reduce the amount of funding participation requested, Mrs. Gilligan
said it did not. She said the actual cost discussed by the Promotion Committee assumed all
four cities participated, excluded the perks, and would possibly result in a slight reduction
in the cost.
MR. TERRY ROSS, representing The Skins Game, said the package originally presented
was worth $250,000.00 for which they asked four cities to each contribute $50,000.00 to
total $200,000.00; therefore, the value of the package was in excess of what they requested.
He said depending upon which expenses were backed out of the equation, the cost could be
approximately $190,000.00 - $210,000.00. He offered this as a possibility for discussion.
Mayor Pro-Tempore Spiegel stated he understood staffs recommendation to be either the
cities of Indian Wells, La Quinta, and Rancho Mirage also agreed to the participation or else
Palm Desert would not.
Mrs. Gilligan affirmed Mayor Pro-Tempore Spiegel's understanding. She added this was
the Promotion Committee's recommendation, as well.
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Mayor Pro-Tempore Spiegel said he further understood that The Skins Game would provide
the City with an advance acceptable accounting for use of the City's money. He asked if
this had been reviewed by any of the other three cities on their agendas.
Mrs. Gilligan stated that in speaking with the City of Rancho Mirage, they had sent a letter
declining the invitation. She said she spoke with a City of La Quinta staff member
yesterday and confirmed it had not been presented to their city nor had it been presented to
the City of Indian Wells to date.
MR. ROSS stated their presentation was on the schedule for October 6 at the City of
La Quinta, they were currently in the process of reapproaching Rancho Mirage, and were
seeking placement on the agenda at the City of Indian Wells. He said they anticipated being
back before the other three cities with a revised package within the next couple of weeks and
noted the other cities had some of the same concerns.
Upon question by Mayor Pro-Tempore Spiegel if the dollar amount went down for Rancho
Mirage, would it go down for everyone, Mr. Ross confirmed the cost would be reduced for
everyone proportionately.
Councilman Ferguson asked City staff how much financial contribution was made to The
Skins Game the last time the City participated financially and what was received in return.
Mrs. Gilligan answered than when it was held at Bighorn for two consecutive years, the
City sponsored a 45-second vignette for $90,000.00 each year. She said the City paid for
the production of that vignette the first year, approximately $5,000.00, and it was used for
both years (no production cost was incurred the second year).
Councilman Ferguson asked how many spots would be provided with the current request for
$50,000.00, or less.
Mrs. Gilligan responded there would be two spots, 30-45 seconds in length.
Councilman Ferguson noted the City would receive twice as much for half the cost.
Councilman Crites commented the last time the City contributed to the event at Bighorn, it
was for a spot that referred to only Palm Desert; the subject request did not.
Councilman Ferguson said he echoed the sentiment of the Promotion Committee, had heard
Mayor Benson repeatedly state that what benefitted the Valley benefitted Palm Desert, and
he wholeheartedly agreed. He noted that often the answer received depended upon how the
question was asked. He said his inference from the staff report indicated that if someone
asked him if La Quinta, Indian Wells, and Rancho Mirage were willing to spend $50,000.00
towards a $200,000.00 advertising package whether Palm Desert would participate, his
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answer would be yes. He said if asked whether he would be willing to do it alone, he
would say no; however, he felt regional promotional efforts like this had always received
Palm Desert's participation. He added that but for the unfortunate missteps by the previous
representatives of The Skins Game, he suspected it would be a very simple issue for this
Council.
MR. ROSS noted there was some other media included in the package-- Gallery Guides, the
program itself, and magazine distribution to the Southern California Basin (Orange and
Los Angeles Counties) to promote The Skins Game and desert golf, which included
advertising. Therefore, he noted value in media other than television.
Councilman Kelly questioned what would appear in the other media.
MR. ROSS replied there would be some ads of whatever the City wanted to include, they
would work with the City to design the advertising.
Councilman Ferguson noted that the Valley had nearly 100 golf courses, over 25 of which
were in Palm Desert, further noting that it was a targeted golf audience.
MR. ROSS added there was also a booth at the expo tent which would be made available
to the cities for distribution of Chamber of Commerce information, destination information,
etc., as part of the subject package.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, affirm the recommendation of the
Promotion Committee and appropriate $50,000.00 for The Skins Game with the conditions: 1) The cities
of Indian Wells, La Quinta, Rancho Mirage, and Palm Desert all participate in the funding; and 2) Skins
Game will provide the City with an advance acceptable accounting for use of the City's money.
Councilman Ferguson seconded the proposal asking that the "baby not be thrown out with the bath
water," as he felt this was a good opportunity, and while he was aware Rancho Mirage had expressed a
disinclination to participate, he did not want Palm Desert to thwart what he thought was overall a beneficial
package if the four cities could get together.
Mayor Pro-Tempore Spiegel noted the request could always come back to Palm Desert if
it came down to that.
The motion carried by unanimous vote.
I. CONSIDERATION OF REQUEST FOR FUNDING THE SENIOR MATCH PLAY AT
BIGHORN.
Mrs. Gilligan noted that Mr. Carl Cardinalli was in attendance for the subject item of
business. She stated that this item also went before the Promotion Committee-- a request
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from Bighorn to participate in promotion of the Senior Match Play which was being held
there for the first time this year. She said it had come to the City with a multitude of
options for promotion of the City, from one to fifteen commercials. She further stated she
had met with Mr. Cardinalli prior to the Promotion Committee meeting to negotiate a lesser
price if the City took all fifteen, and a recommendation for approval of 15 commercials at
a cost of $60,000.00 with an additional $5,000.00 also required in order to produce the
commercials was taken to the Committee. She noted the same commercial would be run
all 15 times. She reported that an ad proposal just received at the Council meeting was
being distributed to the Council; the proposal was received for the record and placed on file
in the Office of the City Clerk.
Mayor Benson stated that this request was a Palm Desert -only request.
Upon question by Mayor Pro-Tempore Spiegel as to whether this was one year only,
Mr. Cardinalli stated it was one year only at Bighorn. He stated this was the premier of the
Senior Match Play Championship; however, the event itself would be carried on for a
number of years.
Councilman Kelly noted that while The Skins Game received a lot of coverage, the Senior
Match Play was watched by golfers who were going to come to the desert to play-- a pretty
select group and a lot of coverage.
Councilman Kelly moved to, by Minute Motion: 1) Appropriate $60,000.00 for the purchase of
fifteen 30-second commercial spots for airing on ESPN during its televising of the Senior Match Play at
Bighorn Golf Club with the condition that the package includes two 60-90 second "window spots," the
second of which will be in cooperation with Bighorn Golf Club; 2) appropriate an additional $5,000.00 for
the production of said commercial. Motion was seconded by Ferguson and carried by unanimous vote.
Mayor Pro-Tempore Spiegel commented that The Skins Game was played over two days,
and the Senior Match Play was played over a couple of days but would be on television
much longer-- November 9, 1998, through January 3, 1999.
J. INFORMATIONAL ITEMS:
1. Progress Report on Retail Center Vacancies
Ms. Ruth Ann Moore, Business Support Manager, reported that two more stores
were announced for the Gardens on El Paseo: 1) New Balance, a sporting goods
store at 1,738 square feet; and 2) The People's Pottery, home goods/services at
2,502 square feet, bringing the total number of signed leases to 29. She stated that
the Council would be able to see several of the Gardens' stores during its trip
tomorrow to Fashion Valley including Ann Taylor, Oilily, Talbots, Brooks Brothers,
Eddie Bauer, Johnson & Murphy, and more.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998
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She further reported that the ICSC Convention was being held at the Marriott until
tomorrow; the Business Support Center mailed out 250 invitations to retailers,
brokers, and site selectors to visit the City's booth there. She said already meetings
had been held with brokers concerning the Circuit City location, Home Base, other
vacancies, and potential locations in the City. She noted that a full report on the
event would be provided next month.
Mayor Pro-Tempore Spiegel stated he heard the ICSC would be moving to Palm
Springs next year.
Ms. Moore affirmed that had been announced this morning. She said ICSC's
contract with the Marriott concluded next year, and they had been looking for a
larger site, in fact, they looked outside the Valley. However, she said they
announced they would be taking it to the Convention Center at Palm Springs.
Councilman Crites commented that he had the opportunity, while attending the
Chamber Board meeting in Ms. Moore's absence, to participate in a tour of the
Gardens last evening. He suggested Ms. Moore arrange an evening tour of the site
for the Council, other City officials, and employees in the near future. He said the
tour was well worth his time as it was a stunning facility.
Ms. Moore concurred, she was also there last evening and stated the Gardens was
providing hard hat tours; she would be pleased to set up a tour for the Council and
any other City officials who wished to go.
2. Progress Report on Desert Willow Clubhouse Facility
Mr. Rudy Acosta, Development Manager, stated since the last Council meeting, the
structural drawings were completed by the structural engineer and submitted to the
architect for his review. He said the delay resulted from finalizing the Clubhouse
kitchen design. He went on to say it had become apparent through the comments,
concerns, and interests of various groups for their later use of the completed
Clubhouse that staff needed to maximize the Clubhouse's service to the greater needs
of the community. He said the civil drawings were now complete and should be
submitted to the Public Works Department for the engineer's review within the next
week and a half. He reported that the AIPP Subcommittee met to review the
artwork proposal from Albert Paley for the Clubhouse site, which met with
unanimous approval and would be presented at the October 6 meeting of the Desert
Willow Committee prior to its presentation to the City Council. Additionally, he
said on October 6 the Desert Willow Committee would be presented with the
preliminary landscape plans from local landscape architect Ron Gregory to see how
the Clubhouse site, golf course, artwork, and landscape all tied together for one
complete theme. He said he had also received some expressions of concern for the
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998
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parking lot design and roundabout at the terminus of Desert Willow Drive that was
the connector for not only the Clubhouse pads but for the hotel pads, as well. He
said a presentation was planned for the same meeting to revisit those concerns in
order to achieve a level of comfort and answer everyone's concerns at that point,
adding that it would be presented to the Council following the Committee's review.
Upon question by Mayor Pro-Tempore Spiegel as to whether the rest of the items
staff recommended would come before the Council as the Art In Public Places
proposal would, Mr. Acosta responded absolutely it would.
3. Progress Report from the "Save The Rink" Committee
Mr. Jeff Winklepleck, Associate Planner, reported the Committee, including
Councilman Crites and Mayor Benson, met with the developer on Monday to discuss
the proposed rink site on the 70-acre MacLeod -Couch property just off of Monterey
Avenue. He said since the last Council meeting, the developer procured the local
engineering firm of Mainiero, Smith and Associates to work on the project, they had
done a conceptual site layout, and discussed the access points and utilities. He said
staff indicated that the City desired a specific breakdown of anticipated costs
associated with any of the utilities for off -site improvements including extending
sewer, electric, signalization, etc. He stated at the meeting, based upon the
preliminary site circulation plan developed including two access points as opposed
to the single access point shown in the first layout, the developer estimated public
improvement cost to be approximately $2 million. He said some of the advantages
cited with the proposed site versus other sites deeper in the City were: 1) Proximity
to I-10, skaters coming from outside the City would find easy access to the facility;
2) topography of the site, the site fell away from Monterey which would mitigate
any visual impact of the building from Monterey Avenue (the building was proposed
at 34 - 36 feet in height); 3) development of this site would have little, if any,
impact on residents since the surrounding area was vacant; 4) it could serve as a
possible catalyst for development in that general area. He noted toward the end of
the meeting some of the other opportunities that existed were also discussed.
Mr. Diaz noted that some of the aforementioned opportunities would be discussed
in Closed Session.
4. Update on School District Boundary Changes
Mr. Diaz noted there was no new information to report on this matter.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998
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VIII. CONTINUED BUSINESS
A. CONSIDERATION OF APPROVAL OF A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT, CONDITIONAL USE PERMIT, AND CHANGE OF
ZONE TO PERMIT CONSTRUCTION OF A 15,120 SQUARE FOOT WALGREENS
DRUG STORE AT THE SOUTHEAST CORNER OF MONTEREY AVENUE AND SAN
GORGONIO WAY. Case Nos. CUP 97-16 (Revised) and C/Z 97-13 (McFadden/McIntosh
Architects, Applicant) (Continued from the meetings of June 25, August 27, and
September 10, 1998).
Mr. Steve Smith, Planning Manager, noted plans he had displayed on the easel for
Council's perusal. He said they reflected the revised plans for the proposed Walgreens at
San Gorgonio and Monterey. Essentially, he said the orientation of the building had been
flipped and had been moved to the north of the site, closer to San Gorgonio; parking had
been moved to the south side of the building with full ingress/egress access on
San Gorgonio. He noted that formerly there had been an ingress only on Monterey, and by
pushing the building to the north, moving the parking to the south, it had moved the access
point onto Monterey further to the south allowing for ingress/egress. He said the one
ingress/egress to the alley south had been deleted; however, there was still a full
ingress/egress at the east limit of the property, and the loading dock had been moved to the
north corner of the building. He said in flipping the building, the drive -through lane was
now located on the north side of the building facing San Gorgonio. He also displayed the
revised architecture including overlay of the landscaping. He went on to report that the
matter had been before the Architectural Review Commission (ARC) on Tuesday,
September 22, and the Commissioners felt there had been considerable improvement;
however, they did have concern with the north elevation. He reported that ARC suggested
three items for the drive -through window on the north elevation: 1) The roof structure over
it be extended; 2) that it be narrowed to one lane only; and 3) that a landscape pocket be
added to the north side of the drive -through lane in order to screen it. He went on to say
that ARC also asked for revised landscape plans along the perimeter-- they wanted increased
material, an effective screening barrier, as they did not feel that the plan currently presented
would achieve that goal.
Mayor Pro-Tempore Spiegel questioned whether the developer had agreed to the
recommendations of ARC.
Mr. Smith responded that the architect was present and concurred that the suggestions made
it a better project.
Councilman Crites expressed his concern for the blank wall facing San Gorgonio.
Mr. Smith noted this was also unacceptable to ARC, and they suggested the lengthening of
a feature to enhance the visual effect.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998
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Councilman Crites noted the general lack of success previously with sides of buildings on
other such projects.
Councilman Kelly said that while he agreed with Councilman Crites, he noted the picture
submitted previously on this project, and when compared, the previous rendering was much
more stark.
Councilman Crites noted the top two facades were an enormous change from their previous
presentation.
Upon question by Mayor Pro-Tempore Spiegel as to the number of parking spaces required,
Mr. Smith answered that the current plan provided 90 parking spaces, the code required 76.
He noted that one version of the plan had 96 spaces and one version had 95.
Mayor Benson asked about the entrance on Monterey being moved further south-- now it
was much closer to the light at Highway 111.
Councilman Kelly responded that while it was closer to the light at Highway 111, it was
further away from the light at San Gorgonio to provide more room to cross over and make
a u-turn to go back on Highway 74.
Mayor Benson was cpncemed for traffic coming down Highway 74, around the corner and
across Highway 111 onto Monterey, as well as for the cars waiting at the alley to exit north
onto Monterey. She felt exiting the alley was already a nightmare.
Councilman Ferguson noted that the first time the project was considered, it had an ingress
only off of San Gorgonio, and after he and Councilman Kelly met with the developer, they
realized that everyone would be exiting at the Monterey location trying to cut over three
lanes to a left turn lane. Therefore, he said they thought it more sensible to exit the patrons
onto San Gorgonio and take advantage of the light there.
Councilman Kelly stated there was one advantage to the way the project was designed in that
the general plan specified the alley would end up with buildings on the south side and
parking lots on the north side, noting that this project would set a pattern that could carry
all the way to San Pablo.
Mayor Pro-Tempore Spiegel agreed and commented that currently anyone going to First
Bank had to use the alley, this was something strictly aside from Walgreens. He felt the
City should address that alley and what could be done with it in the foreseeable future to
make it more than just an alley. Councilman Kelly concurred.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998
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Mayor Pro-Tempore Spiegel moved to: 1) Waive further reading and pass Ordinance No. $QQ to
second reading rezoning part of the R-1 property to C-1 (General Commercial); and 2) waive further
reading and adopt Resolution No. 98-117 approving a negative declaration of environmental impact and
conditional use permit for a 15,120 square foot Walgreens Drug Store, associated parking lot and greenbelt
located on the east side of Monterey Avenue between Highway 111 and San Gorgonio Way. Motion was
seconded by Ferguson.
Councilman Crites complimented the architect on what he felt were significant
improvements from the original presentation. However, he commented that he still would
not vote in favor of the project as he did not believe commercial buildings were needed on
the site when a struggling Thrifty center was less than a five-minute walk away.
The motion carried by a 3-2 vote with Councilman Crites and Mayor Benson voting NO.
Councilman Crites asked the status of staff's progress to amend the ordinance which allowed
for return of the last project to Council after it had been originally denied.
Mr. Erwin stated he had made a suggestion to Planning staff. He believed it was in the
Planning Commission's consideration process and would be ultimately returned to the
Council for its action to eliminate the problem portion of the existing ordinance.
Councilman Ferguson noted that apart from its merits, the last item had been turned down,
which required that the Applicant not be able to resubmit the project for one year. He
thought the Council was able to reconsider the Planning Commission's response to the
Council's change of zone denial, but he thought, technically, that the application could not
be considered.
Mr. Erwin responded the ordinance read that a final decision to reject could not be made
until the project had gone back to the Planning Commission followed by a report on same
being returned to Council.
Councilman Ferguson stated the previous case then amounted to a premature denial.
Mr. Erwin stated that section of the ordinance would be returning to the Council for its
consideration.
18
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998
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-- IX. OLD BUSINESS
A. REQUEST FOR AUTHORIZATION TO PURCHASE REPLACEMENT FLEET
VEHICLES.
Mayor Pro-Tempore Spiegel questioned the 122-mile range of the vehicles on 4.2 gallons
of CNG as was specified in the staff report. He wondered whether a larger CNG tank
would be available.
Mr. Tom Bassler, Senior Management Analyst, replied the bi-fuel vehicle's total range was
599 miles.
Upon question by Mayor Pro-Tempore Spiegel whether all the City's CNG vehicles were
bi-fuel, Mr. Bassler said some were bi-fuel. He added that the City would be basically
eliminating all of its gasoline powered sedans, and all of the administrative fleet vehicles
would be alternative -fuel powered.
Councilman Kelly noted that the City's large van would be used by Desert Willow, and he
inquired whether the City would have a van available in the fleet.
Mr. Folkers noted that van numbers 33 and 34 would remain in the fleet.
Councilman Kelly moved to, by Minute Motion, authorize the City Clerk to advertise and call for
bids for replacement administrative fleet vehicles, four bi-fuel compressed natural gas (CNG) four -door
sedans. Motion was seconded by Spiegel and carried by unanimous vote.
B. REQUEST FOR RATIFICATION OF OCCUPANCY AGREEMENT FOR THE PALM
DESERT CHAMBER OF COMMERCE AT THE PARKVIEW OFFICE COMPLEX
(CONTRACT NO. C14830).
Mrs. Gilligan reported that the subcommittee met with the Chamber Friday, September 11,
to negotiate the office space agreement within the parameters authorized by Council. She
said that agreement was reached for a one-year lease agreement for Suite 114, for which the
Chamber would pay the common area maintenance charges (CAM), janitorial and electricity
as other tenants did, and the rent would be $1.00 per year. She noted that it was a one-year
lease agreement; however, after speaking with Chamber representatives Suzie Harvey and
Leon Bennett, it was agreed that if it took longer than one year to acquire a property for
both the Visitor Center and Chamber, the City would be willing to renegotiate at that time.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, ratify the agreement as negotiated by
the City Council -appointed subcommittee and authorize the Mayor to execute same. Motion was seconded
by Kelly and carried by unanimous vote.
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REGULAR PALM DESERT CITY COUNCII. MEETING SEPTEMBER 24, .1998
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X. REPORTS AND REMARKS
A. CITY MANAGER
Mr. Diaz noted he had two late items he wished the Council to add to its Agenda by
four -fifths vote; one for kitchen equipment at the Palm Desert Soccer Park and the other for
purchase of filters for the Civic Center Park irrigation system.
Councilman Kelly moved to add the two aforementioned items to the Agenda for consideration.
Motion was seconded by Spiegel and carried by unanimous vote.
1. Request for Authorization to Advertise and Call for Bids for the Purchase and
Installation of Kitchen Equipment for the Palm Desert Soccer Park Concession
Building.
Mr. Diaz noted that approval of the subject request would keep the Soccer Park
project on schedule, otherwise the opening date would be delayed.
Councilman Kelly moved to, by Minute Motion: 1) Direct staff to advertise and solicit bids for the
purchase and installation of kitchen equipment for the Palm Desert Soccer Park Concession building; and
2) authorize the Mayor to enter into an agreement for an amount not to exceed $11,500.00. Motion was
seconded by Crites and carried by unanimous vote.
2. Request for Approval of New Irrigation Filtering System for Civic Center Park.
Mr. Diaz reported that this item affected reseeding in the Civic Center Park.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, approve the purchase of a new irrigation
• filtering system for Civic Center Park in the amount of $15,000.00 plus a labor cost of $7,000.00 for a
total amount of $22,000.00. Motion was seconded by Crites and carried by unanimous vote.
3. Begat on the Veterinary Center at The Living Desert.
Mr. Diaz stated that staff met with representatives of the City of Indian Wells and
the Living Desert, and it was decided that rather than having the Living Desert go
through two hearings and two building departments, someone had to give way.
Therefore, he said the City of Indian Wells would conduct hearings on the facility
and would issue the building permits, and the requirements of the City of Palm
Desert would be provided to Indian Wells for consolidated approval. Additionally,
he said Palm Desert would be approving the access into the center. He reported that
Indian Wells assured the Living Desert that it would expedite the process; they were
allowing the Living Desert to proceed with the plan check at this time prior to final
approval.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998
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B. CITY ATTORNEY
Mr. Erwin noted the items on the Agenda for Closed Session which he requested be held
at an appropriate time.
1) Report and Action on Items from Closed Session Made at This Meeting.
2) Request for Closed Session
Conference with Legal Counsel regarding existing litigation pursuant to Government Code
Section 54956.9(a):
a) City of Palm Desert v. REFCO Capital Corporation, et al., United States District
Court, Central District, Case No. CV92-7632
b) City of Orange, et al. v. Alabama Treasury Advisory Program, et al., Los Angeles
Superior court Case No. BC106461
c) City of Palm Desert v. Western Waste, Riverside County Superior Court, Case
No. 090744
Significant exposure to litigation pursuant to Government Code Section 54956.9(b):
Number of potential cases:
C. CITY CLERK
1. Crime Prevention Month
Mrs. Gilligan reported that at its meeting yesterday, the Public Safety Commission
voted to recommend that the City Council declare October 1998 as "Crime
Prevention Month." She noted the conference attended by City officials in
Little Rock, Arkansas, earlier this year and that the organization which sponsored the
conference provided the City with material for promotion of crime prevention
throughout the residential areas and schools in October. She added that it was also
going to be "Fire Suppression Month," and the Mini Musters would be conducted
next month, as well. She said she would be working with Ken Weller as well as the
Sheriff's Department Public Information Officer and with Council's concurrence,
they would kick off the program.
Councilman Crites moved to add this item to the Agenda. Motion was seconded by Ferguson and
carried by unanimous vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998
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Councilman Ferguson moved to, by Minute Motion, declare the month of October 1998 as "Crime
Prevention Month" in the City of Palm Desert. Motion was seconded by Crites and carried by unanimous
vote.
D. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
None
o City Council Committee Reports -
None
Upon a motion by Spiegel, second by Ferguson, and unanimous vote of the City Council, Mayor
Benson adjourned the meeting to Closed Session at 5:10 p.m. She reconvened the meeting at 7:03 p.m.
XI. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
None
XII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION TO DR. WILLIAM KROONEN IN RECOGNITION OF HIS
APPOINTMENT AS PRESIDENT OF COLLEGE OF THE DESERT ON MARCH 26, 1998
(Continued from the meetings of August 27, and September 10, 1998).
Mayor Benson expressed the City's great appreciation for all that Dr. Kroonen had contributed
to the Coachella Valley in the field of education, as well as in his other community effort
endeavors. She said that while the City had honored others who had been elevated with a nice
plant, it chose to recognize Dr. Kroonen's appointment as President of College of The Desert
with an engraved brick in the City's Rose Garden. She then presented him with a framed
certificate denoting same.
Dr. Kroonen graciously accepted the honor and said he and his wife felt privileged to live in
Palm Desert. He said they were also deeply appreciative of the Council and City staff who
worked industriously to make and keep Palm Desert a fine city. He stated he particularly
relished with a great deal of pride and enthusiasm the partnerships between College of The
Desert and the City of Palm Desert-- the McCallum Theatre, the Multi -Agency Library, and
the Child Care Center, and he looked forward to future such projects, as well. He said he
accepted the recognition not only personally but as a symbol of the friendship which existed
between the City and the College.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998
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B. PRESENTATION TO PIPER CLOSE (Continued from the meeting of September 10, 1998).
Mayor Benson stated that Ms. Close had served the City on many committees over the years.
She said that when Ms. Close was at Bighorn Country Club she served as a member of the
Promotion Committee followed by becoming a member of the Kemper Sports Management
Staff at the City's Desert Willow Golf Resort. Mayor Benson reported that recently Ms. Close
had started her own public relations firm, and the City wanted to recognize her for the
contribution she made to the City of Palm Desert. The Mayor then presented her with an
engraved crystal vase.
C. PRESENTATION TO MEMBERS OF THE RECENTLY DISSOLVED ECONOMIC
DEVELOPMENT ADVISORY COMMITTEE IN RECOGNITION OF THEIR SERVICE TO
THE CITY OF PALM DESERT: NANCY ARTIS, RUSSELL CAMPBELL,
STUART DAVIS, CYNTHIA FINERTY, JOHN LAVENDER, GARY LYONS,
KERMIT MARTIN, RICK POST, DOUG SIMMONS, TIM SULLIVAN, SONNY TATUM,
AND DAVE TSCHOPP.
Mayor Benson said that in looking back over the City's last 25 years, there were several things
it had done to move it forward for the next 25 years. She stated there were two committees
which accomplished the goals and objectives they set out to meet and were looking for new
challenges; therefore, the Police Advisory Committee was reorganized into the Public Safety
Commission, and the same thing was being done with the Economic Development Advisory
Committee in order to guide the City in the best possible direction for the future. She noted
the committee was formed about 14 years ago as a tool to advise the Council on different
developments in the City, their placement, and the economic impact on the Valley. Now it was
time, she said, to honor the members of the Committee for their significant contribution to the
success of Palm Desert. She presented the Committee members with crystal commemoratives
expressing the City's appreciation for their service to the City. She added that these members
would be offered the opportunity to serve on the reorganized committee once formed.
D. PRESENTATION OF CITY OF PALM DESERT'S LIFE MEMBERSHIP IN COLLEGE OF
THE DESERT FOUNDATION'S PRESIDENT'S CIRCLE.
Dr. William Kroonen said he was most pleased to present the City with a plaque
commemorating the City's Life Membership in the College of the Desert Foundation
President's Circle. He said this further signified the strong partnership and friendship enjoyed
by the City and the College. On behalf of the President's Circle, he presented a plaque and
read from it, "In grateful recognition of contributions for the continued growth and
development of College of The Desert."
Mayor Benson said the City was proud of the College's accomplishments and contributions to
the community. She added that City Hall was delighted to be the College's neighbor and the
home of many staff members who were its students and alumni.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998
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E. PRESENTATION OF "MILLION DOLLAR DAYS" GRAND PRIZE AND REVIEW OF
1998 PROGRAM.
Ms. Locksi Witte, Business Support Technician, provided a complete report on the successful
1998 Million Dollar Days program. The report was received for the record and made a part
of these Minutes as Exhibit "A."
Ms. Ruth Ann Moore, Business Support Manager, expressed the City's appreciation for all the
businesses who participated in the program. She especially thanked and recognized
Joe Lorkovic, sole proprietor of Computer Tech Services, 44-855 San Pablo Avenue, Suite 7,
Palm Desert, who had been in business six years, only moving to Palm Desert in January 1998.
She noted that he donated the grand prize for the promotion-- an elite, Pentium home theater
system which combined personal computer, television, and CD-rom all in one, and retailed at
over $3,500.00. She announced the winners of the grand prize, Sandra and Neil Porras of
Palm Desert, who she asked to come forward for presentation of the grand prize by Mayor
Benson.
F. PRESENTATION TO CAPTAIN NEIL LINGLE.
Mayor Benson introduced Neil Lingle who, while recently promoted to the position of Chief
with the Sheriff's Department, would be forever known in the City of Palm Desert as
"Captain." She expressed the City's sadness in losing him to a position in Riverside as head
of the Coroner's Office. She presented him with a crystal obelisk recognizing his service to
the City.
Chief Lingle said it had been the absolute joy of his professional life to work with the Council
and staff. He said he envied anyone who was fortunate enough to hold the position in Palm
Desert and hoped he would still be invited to Councilman Kelly's annual Christmas party.
With Council concurrence, Mayor Benson suspended the Agenda at this point in order to
acknowledge Mr. Dan Callahan who wished to speak under Oral Communications.
MR. DAN CALLAHAN, stated that each October the City of Palm Desert observed "Fire
Suppression Month" through the presentation of a Mini Muster, a training exercise sponsored
by Fire Station No. 33 of the Eastern Division of Riverside County Fire Department -
California Department of Forestry and Fire Protection, the Historical Society of Palm Desert,
and the Desert Sands Unified School District. He said the groups involved greatly appreciated
the time and effort the City has devoted to the program over the past five years, as well as its
support of fire suppression for the month of October.
Mrs. Gilligan stated that Mr. Callahan had respectfully requested the Council declare
October 1998 as "Fire Suppression Month," as it had done for Crime Prevention Month earlier
in the meeting.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998
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Councilman Crites moved to, by Minute Motion, declare October 1998 as "Fire Suppression Month"
in the City of Palm Desert. Motion was seconded by Spiegel and carried by unanimous vote.
Mayor Benson stated that the Mini Muster was one of the highlights of the schoolchildren's day
every year. She said it was well received in the community, and she expressed appreciation to
B.J. and Dan Callahan for the instrumental role they played on behalf of the Historical Society.
XB I. PUBLIC HEARINGS
A. CONSIDERATION OF THE SALE OF MOBILE HOME LOT #123 LOCATED AT
43-155 PORTOLA (PORTOLA PALMS MOBILE HOME PARK) TO WILLIAM
MONTGOMERY AT FAIR MARKET VALUE. (JOINT PUBLIC HEARING WITH THE
PALM DESERT REDEVELOPMENT AGENCY).
Ms. LaRocca stated the subject lot was one of 22 vacant spaces currently owned by the
Redevelopment Agency and being marketed to members of the Portola Palms community who
currently resided on those lots. She reported that Mr. Montgomery had made a full market
value offer for the space and staff recommended approval of its acceptance.
Mayor/Chairman Benson declared the public hearing open and invited testimony in FAVOR of or
OPPOSED to the matter. With no testimony received, she declared the public hearing closed.
Mayor Pro-Tempore/Vice Chairman Spiegel moved to: 1) Waive further reading and adopt City
Council Resolution No 98- 111 authorizing the Palm Desert Redevelopment Agency to sell mobile home
lot #123, APN: 662-351-123-9, located at 43-155 Portola Avenue (Portola Palms Mobile Home Park) to
William Montgomery at fair market value of $22,500.00; 2) waive further reading and adopt
Redevelopment Agency Resolution No 3.1. making the finding that the sales price for the lot is not less
than its fair market value in accordance with the highest and best use under the Redevelopment Plan for
Project Area No. 1 Amended. Motion was seconded Ferguson and carried by unanimous vote.
B. CONSIDERATION OF CONVEYANCE OF A SINGLE FAMILY LOT TO HABITAT FOR
HUMANITY OF THE COACHELLA VALLEY, INC. AND APPROVAL OF A
DISPOSITION AND DEVELOPMENT AGREEMENT. (JOINT PUBLIC HEARING
WITH THE PALM DESERT REDEVELOPMENT AGENCY).
Ms. LaRocca stated that the City/Redevelopment Agency had been working with Habitat for
Humanity for a number of years in a joint venture for the construction of a single family home
through the program. She reported that the arrangement had finally been consummated and
that Habitat for Humanity had been offered a lot. She noted that the address of the lot in the
staff report was incorrect; the correct address was 43-935 Buena Circle, APN: 622-200-059-8.
She noted that Mr. Boyd Sharp of Habitat for Humanity was in attendance to answer any
questions.
25
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998
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Mayor/Chairman Benson declared the public hearing open and invited testimony in FAVOR of or
OPPOSED to the conveyance.
MR. BOYD SHARP, 80-870 Highway 111, Indio, CA, of Habitat for Humanity, stated that
his organization recently had some high visibility builds in the City of Cathedral City. He
noted the subject build was going to be funded by a hotel chain, anticipating it would be the
subject of much publicity, and when it came up, he was pleased to be able to offer some
publicity to Palm Desert rather than all of it being concentrated in Cathedral City. He stated
that he had spoken with Ms. LaRocca about the possibility of getting a lot, commenting she
had done a remarkable job of making this happen at an accelerated pace for its consideration
at this meeting. He reported that a young, low-income family with triplets had been selected
for the lot upon which a four bedroom home would be built. He felt they would be good
neighbors and their family an asset to the City.
With no further testimony offered, Mayor/Chairman Benson declared the public hearing closed.
Mayor Pro-Tempore/Vice Chairman Spiegel moved to: 1) Waive further reading and adopt City
Council Resolution No. 98-112 approving the conveyance by the Redevelopment Agency of a single family
residential lot known as APN: 622-200-059-8 and located at 43-935 Buena Circle, Palm Desert, California
to Habitat for Humanity of the Coachella Valley, Inc. for the purpose of constructing a single family
dwelling to be made available to a family of lower income and approve the Disposition and Development
Agreement that will effectuate this plan; 2) approve a Disposition and Development Agreement between
Habitat for Humanity of the Coachella Valley, Inc. and the Palm Desert Redevelopment Agency. Motion
was seconded by Ferguson and carried by unanimous vote.
With Council concurrence, Mayor Benson suspended the Agenda at this point in order to
consider Public Hearing Item D. Please see that portion of the Minutes for discussion and
action.
C. CONSIDERATION OF APPROVAL OF A GENERAL PLAN AMENDMENT AND
CHANGE OF ZONE FROM MEDIUM DENSITY RESIDENTIAL (PR-7) TO PC-2
(DISTRICT COMMERCIAL) ON 9.1 ACRES WITH A PRECISE PLAN OF DESIGN
ALLOWING FOR UP TO 87,774 SQUARE FEET OF NEIGHBORHOOD CENTER AT THE
NORTHEAST CORNER OF COUNTRY CLUB DRIVE AND MONTEREY AVENUE. Case
Nos. GPA 97-6, C/Z 97-11,. and PP 97-12 (F & M Associates, Applicant).
The following is a verbatim transcript of this item.
Key:
JMB Jean M. Benson, Mayor
RAD Ramon A. Diaz, City Manager
JF Jim Ferguson, Councilman
SS Steve Smith, Planning Manager
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BAC Buford A. Crites, Councilman
TB Tim Bartlett, for F & M Associates
RAS Robert A. Spiegel, Mayor Pro-Tempore
DJE David J. Erwin, City Attorney
JB Joe Byrne, Burnham Properties
WR Walter Rappaport, Plaza De Monterey tenant
DP David Perrone, Plaza De Monterey tenant
CH Charles Hiddleston, Plaza De Monterey tenant
GB Gil Bond, Merano resident
JR Joe Reino, Merano resident
TS Tom Sciani, Plaza De Monterey tenant
RSK Richard S. Kelly, Councilman
SRG Sheila R. Gilligan, City Clerk
JMB Okay. Now we will go back to the other public hearing which is Item C, consideration of
approval of a general plan amendment and change of zone from medium density residential,
PR-7, to PC-2, district commercial, on 9.1 acres with a precise plan of design allowing for up
to 87,774 square feet of neighborhood center at the northeast corner of Country Club Drive and
Monterey Avenue. Case number GPA 97-6, C/Z 97-11, and PP 97-12; F & M Associates,
Applicant. Mr. Smith, or who's doing it?
RAD Yes. I believe Mr. Smith will be giving the staff report for the Community Development
Department.
JF
Madame Mayor, before we receive the staff report...ah...I've had some conversations with our
City Attorney, and at least for tonight's discussion, I will be abstaining on this matter pending
further clarification... um... so I will not be voting this evening.
JMB Okay. It is a public hearing...ah...and we'll have the staff presentation first; I do have some
speakers.
SS Good evening. Good evening Council. Property in question is at the northeast corner Country
Club and Monterey, 9.1 acres of vacant land. Current land use designation medium density
residential with PR-7 zoning. The request before you is for a general plan amendment and
change of zone to planned commercial two, which is a district commercial zone category, and
approval of a precise plan of design for an 87,774 square foot...ah...commercial center. The
center would include a 62,200 square foot supermarket, a 16,793 square foot Sav-On Drug or
drug store, and two additional pads with...ah...undeclared...ah...tenants. Ah...the one
adjoining Monterey at the north end of the property would provide for up to 5,000 square feet
of retail use, and the one at the corner of Via Scena and...ah...Country Club would provide
for up to 3,781 square feet of...ah...retail use. This matter was presented to the Planning
Commission at its meetings of June 2nd and July 7. At the conclusion of the July 7 meeting,
the Planning Commission voted 4-1 with' Commissioner Finerty voting nay, ah...adopting its
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Resolution Number 1873, recommending approval of the project subject to conditions. As
recommended by the Planning Commission, the project will include two access points from
Country Club Drive. Both will be right turn in, right turn out, and two access points
onto...ah...Monterey Avenue, the northerly one being right in, right out; the southerly
providing right in, right out, and as well, a left turn into the site from southbound Monterey
traffic. Plan, as recommended by the Planning Commission, also includes a truck tunnel
across the north side of the Lu-...supermarket building...ah...similar to the tunnel
at...ah...Lucky's at Deep Canyon...ah...with one additional change, the tunnel has been
extended, and the openings will point southerly towards...ah...Country Club Drive to divert
any noise...ah...coming out of the tunnel southerly and away from the
residential...ah...development to the north. Building architecture...ah...contemporary desert
architecture, very similar to the Lucky at Deep Canyon. Architectural Review Commission
has granted preliminary approval to the architecture...ah...we
have,..ah...elevations...ah...low...ah...on...on the easel in a lower position here. Part of the
project includes the relocation of Lucky from its present location on the south side of Country
Club to a new location in this center here. As we indicate in the report, staff was very
reluctant to recommend approval of a second neighborhood center at this intersection. The
only way it makes sense is if we minimize traffic increases, obtain improvements to the
Plaza De Monterey on the south side of the intersection where Lucky's would be leaving, and
get an acceptable off-peak tenant as a replacement tenant in the existing Lucky market. First
question we looked at was how could the City guarantee that the replacement
tenant...ah...would be acceptable and would be open in a reasonable amount of time. We
came up with a process, which we agree would be convoluted, but we think it could work.
First, the City would approve the zone change but no permit would be issued for the new
supermarket until and unless an acceptable replacement tenant is approved by the Planning
Commission. The developer could undertake improvements to the site and construct other uses
on the site but not the supermarket. Second, once the replacement tenant and upgrades to
Plaza De Monterey are approved by the City, Lucky could then obtain a building permit for
the new supermarket. Third, the replacement tenant would prepare the final working
drawing... drawings; Lucky would file a letter of credit to guarantee ' that the proposed
improvements would be completed. The replacement tenant would obtain the build -...obtain
a building permit, Lucky would obtain a certificate of occupancy, closes the original store and
opens the new store. Last, the replacement tenant would complete the improvements and open,
and the letter of credit, at that point, would be released by the City. When the matter went
through the Planning Commission, we had a great deal of input from the Merano residents.
One of the key concerns was access. The original site plan provided one access to Country
Club, two at Monterey, and an ingress/egress to Via Scena. At the July 7 Planning
Commission hearing, ah...it appeared that if the Merano residents were going to go along with
the proposed development, it would be without access to Via Scena, so no ingress no egress.
That would result in the addition of the access point to Country Club in this loc-...this location
here, and then moving...we've always assumed there was going to be a signalized intersection
at Via Scena which aligns with the driveway in the Lucky market on the south side. What
would happen under this scenario would be the signal would get relocated approximately
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200 feet to the west, and we'd relocate the driveway in the existing market on the south side
of the intersection. The traffic department took a look at this and felt it was unworkable. It
would move the signal too close to the intersection at Monterey and Country Club, and
secondly, it would create the potential for traffic at that signal backing up past the entrance to
Merano. Planning Commission took the action of recommending approval with egress only --
egress from the center to Via Scena. That would afford signalized exit for traffic to proceed
easterly on Country Club Drive. There was discussion at the Planning Commission hearings
regarding the necessity, or lack thereof, of the truck tunnel. The Applicant had a
noise...ah...study done which concluded...ah...essentially that the truck tunnel was necessary.
It has been added, it is part of the project before you this evening. Traffic-- ah...there was a
traffic study performed by the Applicant. Effectively, the study established that the current
level of service in the intersection is at "E" with dual left turn lanes on both north and
southbound Monterey, and a free flow right turn movement on northbound Monterey. Ah...the
LOS goes to "D" at full improvement, that is when we get the full improvements on the west
side, the LOS would go to "C." The Applicant, I understand, has a traffic engineer present this
evening to discuss in detail the traffic issues. Essentially, staff took the position of trying to
bring before you the best possible project that we could given the project that was presented
to us. Previously, this staff did support... ah...development...commercial development
proposals on this site. The...we...as we noted previously, the focal point at the Planning
Commission...ah...became the access to the site...ah...and I won't go over it again, we do
cover it again in the analysis portion of the report. Ah...the residents at Merano...ah...have
been working with the developer and have come up with a list of...of...ah...stipulations
which...ah...the Planning Commission, under its condition number 18 and your condition
number 18 in the draft resolution, would impose those 13 conditions, or stipulations, as part
of the approval, if it were approved. This includes... ah...prohibition of service stations on the
site, prohibitions of fast food on the site...ah...which they define as...r-, roast, fry, or grill;
no car washes...ah...and a...there was a series of 13 stipulations, and that was part of it. I
think I've basically covered most of the issues on it, and...ah..the recommendation from the
Planning Commission is for approval...ah...if you have any questions, I'd be pleased to try and
answer them.
JMB Any questions of Steve at this point? No? All right.
BAC Only just...um...given some of our past mixed results with tenant replacement programs, my
compliments to staff on what certainly seems to be a very reasonable, fair, measured,
step-by-step approach to this process. Thank you.
SS Thank you.
JMB All right, it is a public hearing, and I will...ah...open that now for those that would like to
speak in favor of the project.
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TB Honorable Mayor, Members of the City Council, my name is Tim Bartlett. I reside at
73-382 Salt Cedar Street in the City of Palm Desert. Um...as you may have noticed by my
frantic behavior in a few...the last few minutes, we have...ah...just learned of...ah...ah...of
an issue that we cannot possibly resolve tonight. Um...out of respect for the homeowners that
have attended the meeting tonight...um...we ask that you consider granting a continuance;
however, if you decide that you would like to go through the process, out of respect for their
attendance...um...we'd certainly be willing to do that as well. Um...I've...I have nothing...I
w-...wish I had a...a fixall, but this is an issue we could not possibly resolve tonight.
RAS Could you tell us what the issue is?
TB Um...perhaps the City Attorney would like...
DJE I think the issue...ah...revolves aroun-...around what appears to be a requirement that
Mr. Ferguson disqualify himself, and...
RAS Oh. Okay. Thank you.
DJE ...and, and it's...it's something that we have...we have tried from the records that we have
here in City Hall to determine tonight, not able to do that. I think we can by the next day or
two. That's why Mr. Ferguson has abstained.
RAS Thank you.
JF And just to add a little clarity, I do want to apologize to the Applicant and to the residents that
came out tonight. This issue resolves...revolves around whether there exists or doesn't exist
a right-of-way on a parcel adjacent to Merano owned by a client of mine.
RAS Oh.
JF If there is a right-of-way, there may not be a conflict. If there is a right -of -...isn't a
right-of-way, there is a conflict; and we got conflicting information right up to the beginning
of this ni-...this evening's meeting. So out of an abundance of caution, I'm not participating
tonight.
BAC That certainly wouldn't...those...I assume that doesn't stop you from being an active listener.
JMB So if there are people out here, we'll...ah...we have opened the public hearing,
so...we...ah...if they want to speak, they can speak now, or if you're asking what, for two
weeks' continuance?
TB We would...we would like, yes...ah...Honorable Mayor, yes we would like a two -week
continuance. If you would rather that...um...we make our presentation now and hear from the
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public now, we are certainly willing to do that. I -...if we would be allowed to
continuance...um...it's at your discretion.
JMB What's your pleasure?
RAS Well...you'd...you'd probably want to make the presentation again when the date comes up,'
so, from my standpoint, as far as your presentation is concerned, I'd just as soon he -...hear it
when we're ready to vote on it.
TB Okay.
RAS That's my own personal feeling.
JMB Do I have a motion, then, to contin-...ah...
RAS Well we've got that maybe some other people that want to...ah...
JMB Right. Okay. So bearing that in mind, do we have anybody here that wanted to speak tonight
that can't come back?
BAC Or that wishes to have comments on the record to be thought about before the next hearing?
RAS True.
JB Ah...thank you. My name is Joe Byrne, I'm the...ah...ah...ah...Executive Vice President,
Chief Operating Officer for Burnham Pacific Properties, and I'm from San Francisco,
and...ah...depending on when the...ah...ah...next hearing is, I may not be able to attend.
We're the owners of Plaza De Monterey, the...ah...Lucky Center on the south side of Country
Club. And...ah...ah...really wanted to...ah...ah...point out our concern about this plan and
the relocation. In particular, the restrictions that are pointed out in the report that were put on
by the Planning Commission, which ... ah . .. as . . . ah... Councilman.... um . . . ah . . . Crites
said...ah...was a thoughtful attempt at...ah...getting a replacement tenant to avoid, once again,
Lucky's white elephant in the City of Palm Desert...ah...as it had for two years, but which
specifically imposes an off-peak tenant on Plaza De Monterey. Ah...what an off-peak tenant
is, we don't know...ah...it suggested at one point to be an entertainment/bowling alley...a
bowling alley in Plaza De Monterey, one of the prime gateways into the City of Palm Desert
becomes a bowling alley. In the report it says that the...ah...tenants of Plaza De Monterey
should be enthusiastic, they should be benefitted by this new wh-...wer-...the Planning
Commission calls an "off-peak tenant." Ah...ah...
BAC By the way, along with off-peak tenant, they now call it "lane ball."
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JB Wel-...the other thing that is interesting just as an aside, if you've ever been in a supermarket,
and I even know I go to a supermarket two or three times a week, I can't remember when the
last time I was in a bowling alley...ah...but our tenants, I'm sure, will be as enthusiastic as the
staff report says they should be. But...
(Laughter by Council and Audience)
JB
The...ah...if you notice in a supermarket, there are columns every 16 to 20 feet, big pipe
columns that they hide-- it makes bowling very tricky, very interesting, we might get some
bowling heros out of the City of Palm Desert as they learn bowling that way. But, getting back
to...ah...more serious concerns, we really have two losers in this...ah...ah...situation-- one are
the tenants of Plaza De Monterey. There is not going to be an off-peak tenant that is going to
be a traffic generator sufficient to support those small businesses who have been in this
community who don't have the dollars to...ah...ah... promote, other than being next to
that...ah...large, high volume Lucky store that's in there today. That store's going across the
street; you've seen the restricted access, it's not going to draw people that are going to fight
across those right turn, right turn, right turn, left turns to...ah...ah...get their way back to
Plaza De Monterey to support our tenants. Ah...ah...but the real losers are going...is going
to be the City of Palm Desert...ah...you well noted the...ah...ah...concern about
the...ah...ah...white elephant that Lucky created on El Paseo that was vacant for over two
years, and if you travel north to...ah...Racquet Club and 111 in Palm Springs, that Lucky
store's been closed for over seven years. Ah...yes, the...ah...ah...ah...City staff can try very
hard to get that initial use of this...ah...ah...off-peak tenant, off-peak user into
that... ah...ah...location, get approval for Lucky to move across the street, build their new
store, but what is to ensure the success of that off-beat...ah...off-peak (probably off -beat) but
off-peak user. Ah...if it isn't successful, what happens the next time around, who controls it
then? I think the better use would be to require that they have a traffic generator who isn't an
off-peak user, who creates a sufficient gen-...ah...traffic to support the shops in the center and
to enhance the sales tax dollars that the...ah...City could realize from both...ah...projects
instead of just taking one sales tax dollars from one side of the street and moving them over
to the other side of the street. Thank you very much. If there...if...ah...any of the City
Council has any questions, or Madame Mayor, I'll be glad to answer those.
JMB You might just for the record, I have it here, but give your address.
JB Right. My address, my name again is Joe Byrne, that's B-Y-R-N-E, Burnham Pacific,
100 Bush Street, San Francisco, 94104.
JMB Thank you.
JB Thank you.
RAS One... one quickie-- how long... um... has... ah... your firm owned Plaza De Monterey?
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JB
We acquired Plaza De Monterey in June in connection with a multi-...ah...ah...center
transaction with...ah...ah...Bill Carver, who I know is known to...ah...many of you...and
prominent developer here in the desert. We bought a number of his properties. We would
look forward to working with Lucky to expand them on site to accommodate their needs within
our project...ah...rather than have them ...ah...relocate.
JMB Thank you.
JB Okay.
JMB I do have one other gentleman, Walter Rappaport.
(Someone speaking from audience-- unclear.)
WR I'm one of the tenants.
JMB Could you give your address, please?
WR Walter Rappaport, 7-...ah...73-111 Country Club Drive. We have actually four pads in that
present Lucky Shopping Center. We have Papa Dan's, the restaurant, Michael's Beauty Salon,
and One Stop Beauty Supply and Salon. The last one we put in mainly because I've been doing
this now for 40-something years, I was manager of Clairol for 30 years and retired, et cetera,
and all the other stores I've put in were always done in shopping centers. `Cause it's certainly
going to help our business. When we heard of this move, it sort of made me a little nervous.
So when I went up to the Planning Commission last month, or whenever it was, and they
approved it, I was a little surprised, but I hear they approve everything, and that's okay, too
then. Prior to the meeting, however, I talked to Mr. Tom Bartlett-- Tom?
Council Tim.
WR Tim Bartlett, I'm sorry. And then I heard Mr. Smith get up here, make a proposal, he said
there's going to be approximately 80-something thousand square feet for two pads, Sav-On's
and Lucky's. I said, "Isn't there 8,000 more square feet into this project?" Well, there'll be
no more pads. I said, "Okay." And I felt a little better about that, because we don't want to
see our businesses go down the drain after we've put so much money into our stores. I don't
think any of you would like it, either. So I felt, well okay, if the City Council decided one day
to allow this to happen, which I don't understand why, I mean I don't know about homeowners
back there, but I certainly wouldn't want to be one there. And it seems like it's more
dangerous-- all this traffic that's going on Monterey and Country Club-- I don't care, lights or
no lights. So I asked Mr. Tim Bartlett about it, he says, "There'll be no more pads other than
those two." Now maybe they have to get together. I don't know what their relationship is,
Mr. Smith and Mr. Bartlett, but somebody is not telling us the truth, because I was told, is that
correct? Is that correct? Did you tell nie two pads?
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TB Two additional pads.
WR No, no, no, no, no, no, no.
JMB Now wait, we won't get into...
WR Well okay, I won't get into that now.
JMB ...the middle.
WR I was told, and I...I...getting a little old, but I'm not that senile yet, that there would only be
two pads-- Sav-On's and Lucky's, period. Now I hear there's going to be four pads. So
somewhere, something's not, as we say in the holidays, "Kosher." I would just like to know,
one,. I don't know what those 13...ah...things that the homeowners presented, what their
stipulations were, but I would like it for the record somewhere to say that there would be
nothing going in across the street, should there ever be an approval of this center, that would
compete with any of the tenants that are in the present Lucky Center, and I don't think any of
you would like it if you had a store there or business there, doesn't make sense. It wouldn't
be good business for the City. If this does happen, and again, from my understanding and
there's another gentleman coming up, he knows more about it, Lucky Center is way down, not
because it doesn't look better than Ralph's or it's not as attractive, `cause we have a great
center, we're one of the busiest centers around. And I'm proud to say that my businesses have
been flourishing in that center, every single year, it's every...in the summertimes, it's been
going up and up, so our City is growing in this area. If you move it across the street, I don't
think...I...I...and again, it's...it's a money situation between the builders, developers,
whatever, I don't understand it. But I would like to see some consideration taken in for the
tenants that are there, and hopefully, something like this would never happen. But when I
heard the word "off-peak," it was my understanding, again at the Planning Commission, there
would be a tenant both suitable to the City Council, Planning Commission, and the
homeowners, if I'm not mistaken, that live behind Lucky's, that apparently they must have
some type of vote. This is what I understood it to be when I was at the meeting. So, again,
you know, please...ah...think of us when you do make a decision. Thank you.
JMB Thank you. Is there anyone else that would like to speak that doesn't want to
return...ah...in...ah two weeks?
DP Good evening, Honorable Mayor, City Council, my name is David Perrone. I reside at
72-600 Fred Waring. Um...I'm not going to have anything as eloquent as the last two
gentlemen, but I'd just like to state for the record I'm a dentist. I just purchased a practice in
Plaza De Monterey. I could have chosen anywhere in the Valley to practice, I po-...picked
Palm Desert because of the reputation Palm Desert has towards its business community. I
really hope that you take all this into consideration what was just said here because it's very
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important to all of us at Plaza De Monterey, and I...I have a lot of faith in the Council. I just
hope you guys do the right thing up there. Thank you very much.
JMB Thank you. Anyone else that wants to speak that can't come back?
CH Good evening, Mayor...um...and City Council, my name is Charles Hiddleston. I reside at
73-680 Roadrunner Court. I am the President of Billy's Philly Steaks, Incorporated, I have
a small restaurant in the Plaza De Monterey Center. I currently have a lease that runs until the
year 2004, and part of that's based on the...that I purchased this was based on the traffic and
the business itself. My fear is that by opening something across the street, that eveything's
going to be drawn away from there, and I'm going to be stuck with a white elephant and a
lease that I can't get out of. I recognize that isn't...it isn't any of your concern, but it is mine.
Now what I've seen happen with the electrical ind-...industry in this...in this state in the last
couple of years is that when they went to make a change, you know, they were guaranteed that
they would not lose anything. You know, their profits were...their losses were covered by
bond issues, et cetera, et cetera. I recognize we can't do that for us. Maybe not the same, but
it's something to take a look at. I feel is that I can't afford to lo-...to...to lose my business,
and m-...my fear is that by moving this away from us, it's going to draw the people that
normally come and shop and stop and have a bite to eat in my restaurant away from there
across the street, and they're not going to be able to get back across the street, like the other
gentleman said, to stop in and have a bite. Um...I live...I...I will try to be at the next
meeting, I don't know if I can, but I, hopefully I will be able to. Thank you.
JMB Thank you. And just for your information, the City of Palm Desert is concerned about every
aspect of...of business in the community.
Audience Madame Mayor, I can be here the next meeting, but may I...my name is Gil Bond...
JMB You have to come up to the front and give your name and address if you want to speak.
GB My name is Gil Bond, I'm a resident of Merano, and live at 182 Via San Nicolo. Three of us,
Jerry Mendleson, Mark Kaplan, and I, have prepared a presentation against...ah...the F & M
proposal, and Mark Kaplan is our spokesman. He flies United Airlines to New Zealand and
Australia all of the time, and he cannot get off on the 8th, and we respectfully ask if you could
continue it until the 22nd instead when he can be here and do our presentation.
JMB Is there no one else in your group that can do it?
GB We would prefer that he did it because we worked it as a team.
JMB Okay. All right. Thank you. Anyone else that would like to speak for or against this?
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JR
My name is Joe Reino. I preside at 194 Via San Nicolo in the Merano development.
Ah...good evening, Honorable Mayor Benson and City Council...ah...I just moved back to
Palm Desert after being away for 10 years, if I could recall 1984...ah... when we... ah... worked
together on a Painter's Path restaurant that we...ah...managed to...ah...divert...ah...anyway,
I'm glad to be back in Palm Desert after being back East for ten years. And...ah...my
compliments to the City Council for doing a wonderful job on the City; it's beautiful, I like
what I see. Ah...as a new homeowner in Merano...um...I'm very concerned about this project
they're trying to put a square peg in a round hole, basically. Ah...I have children, I have an
eight year old child...ah...the traffic problem they...ah...in all due respect to the Planning
Commission, they met in July, most of our homeowners are out of town for the...ah...summer.
I request that you...ah...postpone this `til we have our residents back...ah...in full
force...ah...I'm not...ah...comfortable with the ah...plan that they've come up with the for
the...ah...routing...ah...in and out of our...ah...development. They have just constructed a
home that's probably 20 feet from the gate, and what they're proposing is to have an exit from
a Lucky's 20 feet from a residential home and our guarded gate. There will be traffic jams,
there will be accidents, there will be lawsuits, there will be...ah...many problems. I'm also
concerned about the...ah...interest of F & M Associates with the developer...ah...Diamond
West. Ah...and I would like to further investigate that. I find...ah...Diamond West to be an
irresponsible builder, so far on my personal home, and if they were involved at all in this
project...ah...I would like our residents to have further information concerning this plan. So
I...ah...Honor-...I would respect your...ah...position on this...ah...you've done a good job
in the City. I'm not totally opposed to a shopping center...ah...if it makes sense, but from
what I see right now...ah...someone hasn't done their homework properly on
that...ah...entrance and exit into it, and I request that you delay this `til we have all our
homeowners back from...ah...being out of town. Thank you.
JMB Thank you and welcome back to Palm Desert. I saw the name in reading it and wondered was
I reading right.
TS Greetings, Honorable Mayor, City Council, my name is Tom Sciani, I reside at 39-490
Regency Way in Palm Desert. I'm a merchant at the Plaza De Monterey, I have Country Club
Cleaners, and I have two other Cleaners in Palm Desert, as well. And this here proposal is
probably about the third time people have presented a proposal to put that shopping center
across the street. In the past, we've seen WalMart and Target come up with more elaborate
plans than this, and in the past, it was rejected. And I think...ah...then I...I was worried then
that the other markets, whether they be an Albertsons or a Vons, would also hurt our business,
and now this is even worse-- this is the worst, we -...we're losing our market. You take
Lucky's away from us, it's...it's even worse than having another market compete against the
Lucky's. So I'm concerned about this. Ah...I've seen that there's too many shopping centers
in...in...ah...Palm Desert right now...ah...I invested in that area because I seen the area
was...ah...zoned residential, and...ah...and the previous hearing that we've had with the
WalMart group...ah...remember the Rancho Mirage people were here, and they also were
concerned because their property is...ah...zoned residential, and that would devalue their
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properties, and they might have to consider...ah...rezoning their property on the other side to
commercial, and we might end up seeing four shopping centers in that...ah...center.
So...ah...I would hope that...ah...yo-...you would see that this was not a good idea, and
that...ah...ah...as far as Lucky's is concerned, ah...they've lost about 33 to 40% business in
the nineties versus the eighties in that center, and I think that future growth in Palm Desert,
they could get that back, they don't need to expand. If they managed in the eighties when that
center was a real boom, they can manage in the future, they don't need to expand that center.
I just think they have more money than they know what to do with, and they just want to outdo
Ralph's. But they have a nice market there, we need them there, we're the small guys, they
may have money to play with, but we don't. And if this center goes in, if we lose Lucky's,
my...I'm almost at the end of all of my three leases in this town, and as far as I'm concerned,
"Beam me up, Scottie!" I'm outta' here. Thank you.
JMB Thank you. Do we have anyone else? All right. I will close the public hearing for now.
BAC You'd leave it open.
DJE Leave it open...
BAC Leave it open.
JMB Open-- while we...
DJE ...please
JMB ...see what you want to do. What's your pleasure?
BAC Ah...if we're going to continue it, I think that whether it's for two weeks or one month, it's
a, I mean if the developer requests in order to...um...accommodate...ah...their needs, then I
see no reason not to accommodate the needs of the folks who live in the
neighborhood... um... when.. .
RAS Is that a motion?
BAC Well I have one other comment, though. I, at least not on architecture and internal circulation
and everything else, and so on, and so forth, which I think we'd have to come back and talk
about, and so on, and so forth. Um...I'd just as soon, at least right now, say that, you know,
I see, if you go back to what our City...ah...and State law says, and what Codes say and so
on, and so forth, and it speaks to the... what needs to be there for... ah... a change of zone and
a general plan amendment...um...I do not find a compelling rationale to vote for either a
change of zone or a general plan amendment...ah...which sets aside whether or not the precise
plan is fine or not. It won't get there, at least on this one person's vote. Ah...because of the
impacts on the adjacent center; because of, I think, what it would encourage across the street
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on both of the corners in Rancho Mirage...ah...because of the impacts of traffic-- and you're
right, we do have traffic problems, and they need to be fixed. Ah... we don't need to add more
traffic to fix a traffic problem, and so I, at least, just want to set that out at this point so the
developer, at least...ah...fairly knows...ah...where one person's coming from whether it's
tonight or a month from now. And I think that's consistent, at least with my point of view
from past applications for WalMart's and a whole variety of other things that were also going
to...um...quote, "be necessary," and certainly in retrospect don't appear to have been.
JMB Councilman Kelly.
RSK Well...um...all of the testimony has basically talked about this particular project and really,
not directed towards...ah...change of zone, that to me, the big issue here is are we going to
change the zone from residential to commercial. And...ah...I...I'd...Councilman Crites talked
about one person's viewpoint, and I have a viewpoint that when we change...ah...a zone from
residential to commercial, then there has to be something awfully compelling-- what is it going
to do? `Cause you start looking at...ah...whatever the project is...it's the...the impact of
changing a general plan...ah...from commercial to...ah...from residential to commercial, for
me it has to be...um...um...something pretty outstanding, and so I mean, we may be wasting
a lot of people's time here because we may not be willing to change the zone there. And that's
a shame to string everybody out and cause them a lot of extra time when it's not going to get
approved anyway...I mean...that's the change of zone I'm talking about. I'm like Councilman
Crites, the...the design and the project and all that, if it were in the right place, it would be just
fine, but for one, I don't think it's in the right place.
JMB I'd guess, I will, I would echo both...
(Applause from the audience.)
• JMB ...I'm sorry, Councilman...thought you had spoken.
RAS Well I could just say what they just said, but I could also add to it. I think that Mr. Byrne's
offer to work with Lucky's to...ah...redesign their store has a lot of merit. Plaza De Monterey
is one of the toughest centers we got in the City to get in and out of. Now it's very successful,
and... and I'm happy for all of the... ah... the tenants that are... that are doing well,
but...ah...you've only had the center for a few months. From my standpoint, I would very
much like you to take a look at what could be done in the way of traffic movement...ah...in
the way of maybe you need some help with the... with the streets, or something like that, that
you could bring back to the City-- maybe we could talk about that...ah...that you could go to
Lucky's. They bought ah...ah...a store, as I understand it, I didn't live...this was over 16
years ago when I moved here, and I think that they...Lucky's bought a store that ah...they then
moved into, and they haven't been satisfied with it since they moved into it. Except that, as
I understand it, it's one of the highest dollar per square foot stores they got in the country so
consequently, they're very successful. Ah...I see no need to...ah...to rezone...ah...the
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piupcity...um...but I do see a need to take a look at Plaza De Monterey and see what we can
do to make it a more effective center. Not that it isn't successful, let's just make it easier to
shop.
JMB Okay. Is it...ah...pleasure to...ah...can we separate these issues and vote on one and two
tonight? Or...
DJE I...I...yes, you can. I...I would caution you and suggest if you wish to make a decision
tonight, I would ask you to invite the developer to make a presentation...
RAS Yes, he didn't make a presentation; that's not fair.
DJE ...so they have that full opportunity to do that indicating he reserved his until... in anticipation
you were going to continue.
RAS I...I really think we ought to continue. I would suggest we continue for a month, as was
requested. Ah...the developer knows the sentiments of at least three people on...ah...on the
Council, and...ah...whether or not he wants to spend additional time and energy and dollars
and so on, attempting to convince the Council that it's the right way to go, is up to the
developer. But...ah...anyway, I move to continue for one month until the pilot from New
Zealand is back in town.
JMB Yeah...I didn't make my sentiments, but...um...ah...they are, basically, we've had this piece
of land in prior many times, and...ah...I, too, don't see any compelling reason to be switching
centers. We've done that throughout the City, and it's been a total loss in every place,
including the Lucky's we have now. Ah...and...ah...from moving from where it was and
seeing the empty building there, but again, we can sacrifice...ah...a residential lots for that,
and that is ah...a...ah...a vital link on those four corners there, and as was stated, it
really...ah...gives Rancho Mirage the sing -...the signal to go ahead and further yuck it up.
So...e-...ah...I just believe that...ah...ah...there isn't a compelling reason to change. Ah...I
would ask...ah...the Applicant if he still wants the two weeks, or?
TB Yes, we...we would like the...the opportunity to present...ah...our project (unclear)...
JMB All right.
BAC Move for a continuance for one month.
RAS Second.
JMB Okay. Please vote.
SRG Councilman Kelly?
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RSK Yeah...I don't exactly have my mind made up yet (unclear)...
SRG Motion carries by a 4-0-1 vote with Councilman Ferguson abstaining.
D. CONSIDERATION OF APPROVAL OF THE GENERAL PLANNING AND PREZONING
FOR FUTURE ANNEXATION OF PROPERTY NORTH OF I-10 AND VARNER ROAD,
EAST OF WASHINGTON STREET, WEST OF ADAMS STREET, AND SOUTH OF
FRANCES WAY; ADOPTION OF A DEVELOPMENT AGREEMENT TO VEST
EXISTING DEL WEBB SUN CITY PALM DESERT COUNTY OF RIVERSIDE
APPROVALS; AND CERTIFICATION OF AN ADDENDUM TO THE COUNTY OF
RIVERSIDE ENVIRONMENTAL IMPACT REPORT AS AMENDED FOR SPECIFIC
PLAN NO. 281 AS IT PERTAINS TO THE ABOVE. Case Nos. GPA 98-5. C/Z 98-6, and
DA 98-2 (Del Webb California Corporation, Applicant).
Mr. Diaz reported that the Applicant had requested a continuance, and he asked what Mr. Drell
felt was an acceptable amount of time for same.
Mr. Drell responded that a two -week continuance would be acceptable.
Upon question by Councilman Crites as to whether or not two weeks would be sufficient time
to address all the annexation issues involved, Mr. Diaz responded staff felt it could clarify
some of those issues to a great extent in two weeks. However, he said to have even greater
clarity, staff would request continuance to the meeting of October 22, 1998.
Mayor Benson declared the public hearing open and invited testimony in FAVOR of or OPPOSED
to the subject cases, noting there would be an open forum at the meeting of October 22.
MR. PAUL QUILL, representing Del Webb California Corporation, stated this issue had been
discussed earlier with the Planning Director regarding their desire for continuance to the
meeting of October 8. He asked if the Council would work with that date instead of
October 22, since they just had a couple of minor points with respect to the development
agreement, and they were anxious to move forward with the matter.
Councilman Crites felt some members of the Council would view the subject annexation in a
much broader perspective than simply the Del Webb component, rather as whether or not the
City chose to annex significantly large areas on the north side of the freeway. He said for him,
those things were inexorably tied together, and until good data regarding all the options and
staff's recommendation for the enactment of good public policy for that general area was
available, he felt uncomfortable going forward with a "spot" annexation. He felt the matter
needed to be viewed in the perspective of lands well to the west of Del Webb, which were all
part and parcel of whether or not this matter represented good public policy for the City of
Palm Desert.
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Mayor Pro-Tempore Spiegel commented that based upon the information which was needed,
the matter should be continued a month at the minimum to provide staff with adequate time to
fully prepare the Council with proper information.
Mayor Pro-Tempore Spiegel moved to continue the matter for one month. Councilman Ferguson
seconded the motion adding that he and Mayor Pro-Tempore Spiegel sat on an Annexation Committee
meeting held today where they met with representatives of Del Webb and heard their concerns. However,
he said there were some issues that the Applicant perhaps was unaware of which caused the Council to
believe 30 days were satisfactory and felt the representation made at that meeting was that a 30-day
continuance was acceptable to Del Webb, adding that the Council was keeping their interests in mind while
juggling other related factors. The motion carried by a unanimous vote of the City Council.
XIV. ORAL COMMUNICATIONS
Please see the Oral Communication item prior to the Public Hearings.
XV. ADJOURNMENT
Upon motion by Spiegel, second by Ferguson, and unanimous vote of the City Council, Mayor
Benson adjourned the meeting at 8:22 p.m.
ATTEST:
SHEILA R. GiLLIGAITY CLERK
CITY OF PALM DES T, CALIFORNIA
M. BENSON, MAYOR
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r iatu h i "A"
1998 "MILLION DOLLAR DAYS" PROMOTION
Honorable Mayor and Members of the City Council, the Business Support Center
would like to update you on the 1998 "Million Dollar Days" Promotion.
Business Support staff is happy to announce that once again, the "Million Dollar
Days" Promotion generated a great deal of enthusiasm. It was this positive interest
and response from both the residents and retail merchants that made the program a
big success.
Much of the needed insight to run this program was provided by a focus group of
participating retailers, Publicity Unlimited staff and Palm Desert Chamber of
Commerce staff. At the suggestion of this group, several changes and improvements
were implemented
1st. Print the Palm Desert Dollars as Silver Certificates to tie in with the city's
25th Anniversary,
2nd. Extend the promotion to cover July and August;
3rd. Allow participating retailers to customize the promotion to fit their businesses;
4th. Generate a mailing list for the respective participating retailers;
5th. Conduct a Participating Merchants Survey' for measured results.
Eighteen hundred businesses were invited to take part in this year's program. We
documented a total of 162 participants. This represents a 33% increase aver last
year's 122 businesses. The C.O.D. Alumni Street Fair vendors, who are required to
participate in the promotion, are not included in these numbers.
1
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REGULAR PALM DESERT CITY COUNCIL MEETING br r L I4VIBER 24, 1998
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One million Palm Desert dollars were printed and 85,000 were turned in,at the end
of the promotion. This is a return rate of 8.5% which is a superb response.for a
promotion of this nature. The industry standards consider a 3 to 4% return to be a
success for such direct mail promotions. If all 85,000 Palm Desert dollars were
redeemed in purchases, the indicated total sales generated would be $425,000. Staff,
however, estimates the more realistic sales figure to be $360,000 - based on an
estimate that 15% of the total tum-in was not redeemed dollars but prize entries.
At the close of the promotion, the Palm Desert Chamber of Commerce promptly
followed -up this program with the `Participating Merchants Survey'. A total of 161
surveys were mailed. 57 responses were received.for a return rate of 35.4%. This was
a great response. A preliminary analysis of these responses,leads to four significant
observations:
1. 54% confirmed the promotion brought new customers to their businesses;
2. 60% considered the promotion successful;
3. 80% will consider participating next year,
4. 74% would like the promotion to nut again in July and August.
Respondents also provided a number of comments and suggestions regarding the
program. This information will be further reviewed.
In conjunction with the "Million Dollar Days" promotion, a drawing was also held for
117 prizes, including the grand prize, donated by the participating merchants.
Judging from the list of winners, valley -wide residents, as well as tourists, participated
alongside Palm Desert residents in this promotion. All winners and prize donors have
isince been notified by mail.
2
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Business Support staff will hold a final meeting in two weeks, with the focus group
involved in the initial planning meetings, to review the 1998 program. Among the
issues discussed.will be whether the program should run for one or two months.
Staff plans to provide another report in December after analyzing M.R.C.'s submittal.
of this summer's actual sales figures.
Staff notes that our active involvement in this program presented Business Support
staff)the opportunity to develop many personal contacts with the retailers. This
rapport increased awareness of the Business Support Center and its role and purpose
of assisting the merchants. We perceive that the merchants appreciate this
promotion and the city's attitude and interest,in their economic well-being &. success.
Ultimately, this year's program achieved the four objectives laid out by the Retail
Promotion Committee, which were:
1. Promoting retail business activity during summer;
2. Involving Palm Desert residents, tourists and other valley residents;
3. Allowing all retail businesses to partidpate.regardless of size;
4. Increasing public awareness,of the major retail shopping areas in Palm Desert.
In conclusion, Business Support staff would like to thank Publicity Unlimited, the
Palm Desert Chamber of Commerce, and the participating merchants and residents
for making this promotion a success`: Business Support staff would especially like to
thank the Mayor and Council members for endorsing the "Million Dollar Days"
promotion.
/lw/9-24-98
3
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i
SEPTEMBER 24, 1998
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1998 "MILLION DOLLAR DAYS" PROMOTION
Objectives:
► promote retail business activity
during summer;
► involve Palm Desert residents,
tourists and other valley residents;
► allow all retail businesses to
participate regardless of size;
► increase awareness of the major
retail shopping areas in Palm Desert.
Invitations to oarticioate mailed to:
1,060 retail businesses
760 service -oriented businesses
Documented participants:
162 in 1998
122in1997
33% increase over last year's 122
Survey by P.D. Chamber of Commerce
161 surveys were mailed
57 responded (a return rate of 35.4%)
► 54% confirmed the promotion brought
new customers to their businesses;
► 80% will consider participating next
year;
► 60% considered the promotion
successful;
► 74% would again like the promotion to
run in July & August.
nw/09-22-98
Chanoes/lmorovement
► extend the promotion to cover July
and August
► allow participating retailers to
customize the promotion to fit their
businesses;
► generate a mailing list from the
redeemed Palm Desert Dollars (for
the respective participating
retailers);
► conduct a participating merchants'
survey for measured results.
Palm Desert Dollars:
Printed 1,000,000
Turned In 85,000
1 Palm Desert Dollar for every $5 spent,
85,000 would generate $425,000
If 15% entered for prizes only, sales
generated would total $360,000
Prizes:
Total of 117 prizes donated by
participating merchants
Budget:
Promotion is supported by fees, collected
from vendors by the COD Alumni Assoc.
Street Fair, which are placed in a fund for
promoting retailers throughout Palm
Desert.
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Page 10 — THURSDAY. SEPTEMBER 17, 1998
Desert Post
rt
Question of the week: What did you think of the city's Million Dollar Days
summer promotion?
"I didn't
receive the
Palm Desert
dollars in
the mail. I
would have
used them.
It's a good
idea. I also
think stores
should open
earlier in the
summer."
-Delores
Palm Deset t McCance
resident
4.6 • a943 .
"I thought it
was
fabulous. We
made it a
point to use
them for
participating
restaurants
and even
tried a new
one. It's a
great
F...m. I
think it
would be a
good idea to
extend it
from mid
June to mid
September."
-Dave Putman,
Palm Desert
resident and
business owner
"I think it
was
excellent. We
got a very
good
response,
more so than
last year.
Customers Campbell
were asking
if we could
do it for
three months
next year."
Campbell, Palm
Desert resident,
panicipating
• business
and . the P�aseoof
Merchants
- - Association
46