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HomeMy WebLinkAbout1998-09-24MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 24, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * — 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. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, • 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * -- 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. 19 MINUTES REGULAR PALM DESERT CITY COUNCII. MEETING SEPTEMBER 24, .1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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. 22 M UTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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. 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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. 29 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 30 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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." 31 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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? 32 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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? 33 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 34 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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? 35 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 36 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 37 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24,' 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 38 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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? 39 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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. 40 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 41 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING &r r nuvIBER 24, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 42 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING br r L I4VIBER 24, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 43 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING bra' iV.A BER 24, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 44 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING * * * * * * * * * * * * * * * * * * * i SEPTEMBER 24, 1998 * * * * * * * * * * * * 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. 45 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING sr r i rAv1EER 24, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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