HomeMy WebLinkAbout1999-10-14MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, OCTOBER 14, 1999
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I. CALL TO ORDER
Mayor Spiegel convened the meeting at 4:02 p.m.
H. PLEDGE OF ALLEGIANCE - Councilman Jim Ferguson
III. INVOCATION - Councilman Richard S. Kelly
IV. ROLL CALL
Present:
Councilmember Jean M. Benson
Mayor Pro-Tempore Buford A. Crites
Councilman Jim Ferguson
Councilman Richard S. Kelly
Mayor Robert A. Spiegel
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
John M. Wohlmuth, ACM/Director of Administrative Services
Richard J. Folkers, ACM/Director of Public Works
Pat Conlon, Director of Building and Safety
Phil Drell, Director of Community Development
Paul S. Gibson, Director of Finance/City Treasurer
Carolyn Miller, Community Arts Manager
Teresa LaRocca, Housing Manager
Rachelle D. Klassen, Deputy City Clerk
V. ORAL COMMUNICATIONS - A
MR. TIM BARTLETT, 73-382 Salt Cedar Street, Palm Desert, expressed his appreciation to City
Councilmembers and staff for their foresight and consideration for all residents in completing
numerous projects (i.e. Palm Desert Soccer Park, Skate Park, Canine Commons, etc.) that were of
benefit to the City overall.
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REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 1999
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MS. KATHLEEN KOPP, 44-870 Cabrillo, Palm Desert, asked for Council's consideration of
designating Portola Avenue as a scenic drive, noting the two items on this meeting's agenda which
dealt with modifying that thoroughfare. She felt the street-scaping adjacent to Desert Willow Golf
Resort was impressive and worthy of continuance along Portola to the City's center, acknowledging
that at the Desert Willow location there was ample area to fully implement that theme. However,
she felt it would be worth the City's investment if the scheme was expanded along Portola in order
to make a positive, dynamic statement about the community.
MS. RAMONA FLETCHER, 73-969 Olive Court, Palm Desert, addressed Councilmembers with
her concern that she and other residents affected by Case No. GPA 99-2 were misinformed when
they were told the case would be considered at 7:00 p.m., when the Portola Avenue widening matter
was being considered during the 4:00 p.m. session. Further, she noted that the motion made at the
Planning Commission stated that residents were to hear about the buying of property, the widening,
the whole process, which she quoted in the letter submitted to Councilmembers as taken from the
tapes and minutes of that meeting. She asked the Council to consider postponing the hearing for
GPA 99-2 until such time as all affected parties had opportunity to carefully examine and contribute
to the process; it was much too important to be rushed through, the way she felt it was being
handled currently.
Mayor Pro-Tempore Crites commented that Ms. Fletcher's remarks were well taken, and he felt that
the Portola Avenue Widening matter (New Business Item B) should be continued for joint
consideration with the public hearing for Case No. GPA 99-2 to be considered during the 7:00 p.m.
session of this meeting. Council concurred.
VI. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of September 23, 1999.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 17, 18, 19,
and 18PD Office Complex.
Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Neal Thomas and
Sharon F. Thomas for Swensen's, 72-840 Highway 111, Suite D156, Palm Desert.
Rec: Receive and file.
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D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Dennis R. Bihun Jr. and
Sheryl Taylor-Bihun for Classic Cafe Bakery and Catering, 72-286 Highway 111,
Suites J3 & J4, Palm Desert.
Rec: Receive and file.
E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Palm Desert Venture, LLC,
for Vacation Inn, 74-695 Highway 111, Palm Desert.
Rec: Receive and file.
APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Erich J. Kruder for
Crystal Goblet Cellar, 73-200 El Paseo, Suite 3C, Palm Desert.
Rec: Receive and file.
G. INVESTMENT MASTER PORTFOLIO SUMMARY for the Month Ending August 31, 1999.
Rec: Receive and file.
H. MINUTES of City Commission/Committee Meetings.
F.
1. Art In Public Places Commission Meetings of June 25, and July 21, 1999.
2. Citizens' Advisory Committee for Project Area No. 4 Meetings of June 21, and
July 19, 1999.
3. Civic Arts Committee Meeting of July 12, 1999.
4. Investment & Finance Committee Meetings of June 16, and July 21, 1999.
5. Library Promotion Committee Meeting of June 9, 1999.
6. Promotion Committee Meeting of July 20, 1999.
7. Public Safety Commission Meeting of July 19, 1999
Rec: Receive and file.
I. LETTER OF RESIGNATION from Doloris Driskel as the City's Representative to the
Joslyn Cove Senior Center.
Rec: Receive with very sincere regret.
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J. REQUEST FOR AWARD OF BID for Civic Center Heating, Ventilation, and Air
Conditioning (HVAC) Systems (Contract No. C16350).
Rec: By Minute Motion, award bid for the subject project to Hugh Hoard, Inc.,
Palm Desert, California, in the amount of $47,193.25 and authorize a ten percent
(10%) contingency in the amount of $4,720.
K. REQUEST FOR APPROVAL of Agreement with Southern California Edison Company for
Undergrounding Overhead Facilities on Highway 111 from Plaza Way Easterly to Palms to
Pines (Contract No. C16680).
Rec: By Minute Motion, authorize the Mayor to enter into the subject agreement with
Southern California Edison.
L. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C14890 -- Citywide
Transportation Modeling Services (Project No. 800-99).
Rec: By Minute Motion: 1) Approve the subject Change Order to the contract with
RKJK & Associates in the amount of $14,800; 2) appropriate $4,907.09 to Project
Account No. 400-4367-433-4001 to cover same.
M. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C16330 -- Street
Improvements at Phyllis Jackson Lane and Fred Waring Drive (Project No. 670-99) (Cooley
Construction).
This item was removed for separate consideration under Item VII, Consent Items Held Over.
Please see that portion of the Minutes for discussion and action.
N. REQUEST FOR APPROVAL of Final Tract Map 29045 (La Paloma Homes, Inc.,
Applicant).
Rec: Waive further reading and adopt Resolution No. 99-91.
O. REQUEST FOR APPROVAL of Musical Ambassador Program.
This item was removed for separate consideration under Item VII, Consent Items Held Over.
Please see that portion of the Minutes for discussion and action.
REQUEST FOR APPROVAL of 2000 Summer of Fun Schedule.
This item was removed for separate consideration under Item VII, Consent Items Held Over.
Please see that portion of the Minutes for discussion and action.
P.
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Q.
REQUEST FOR APPROVAT. of Permanent Fencing Improvements at the Parkview Office
Complex Single Story Building.
Rec: By Minute Motion: 1) Authorize the construction of permanent fencing
improvements at the subject site; 2) authorize staff to solicit bids and, after thorough
review, award contract for the project to the lowest responsible bidder (Contract No.
C16690); 3) appropriate funds from Unobligated New Construction Reserves for the
project which will then be reimbursed by the State of California Water Resources
Board.
R. REQUEST FOR APPROVAL of Beer Concession for Palm Desert Golf Cart Parade.
Rec: By Minute Motion, permit the sale, possession, and consumption of alcoholic
beverages in connection with a special event, the Palm Desert Golf Cart Parade,
scheduled to be held Sunday, November 7, 1999.
Councilman Ferguson requested Item M be considered separately, Councilmember Benson asked
that Item P be held over, and Councilman Kelly asked for separate discussion of Item 0, all under
Item VII, Consent Items Held Over.
Upon a motion by Mayor Pro-Tempore Crites, second by Councilman Kelly, and unanimous vote
of the City Council, the remainder of the Consent Calendar was approved as presented.
VII. CONSENT ITEMS HELD OVER
M. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C1633Q -- Street
Improvements at Phyllis Jackson Lane and Fred Waring Drive (Project No. 670-99) (Cooley
Construction) .
Councilman Ferguson asked that this item be discussed separately as he'd noticed there had
been an October 12 meeting of the Palm Desert High School Traffic Committee, and he
wondered what progress had occurred. Based upon comments he'd received, he doubted the
problem had improved much.
Mayor Pro-Tempore Crites said Chairwoman Godecke of the School Board had asked him to
congratulate the City Council for installing an unloading zone on Fred Waring. She didn't feel
that location would be extensively used by parents; however, it was being used with great
regularity. Secondly, he said she asked him to thank the City for the speed in which it
completed work at Phyllis Jackson; and third, she was going to the October 12 meeting to
inquire about the road cut into the parking lot so that students didn't have to be involved in
all the parents' traffic congestion. Lastly, he said the District was working on Cook Street
access; however, the City had earlier volunteered to assist with neighborhood residents'
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meetings when it became appropriate to do so. He explained that was because the School
District couldn't punch through to Cook Street without concurrence of those homeowners,
even though there was some one -eighth of a mile distance from the housing development. He
acknowledged that now another problem had arisen, removal of the oleanders behind those
homes which added another aspect to the entire situation, even though the Cook Street access
might make their life better. Therefore, he felt it would be appropriate for City staff to visit
with District staff about timing a meeting with those residents so that the City didn't plan an
entire Public Works project with the District only to find that it couldn't go ahead without
approval from the homeowners' association.
Mr. Diaz affirmed that the aforementioned agreement did provide for approval of the
homeowners prior to any such work being performed. He said staff had been awaiting word
about arrangement of the aforementioned meeting; staff would be more proactive in facilitating
the process. He noted that the City's Landscape Manager was currently reviewing appropriate
plant material that would replace the removed oleanders with similar results.
With Council concurrence, Mayor Spiegel directed staff to report on progress of the Palm Desert
High School improvements at the October 28, 1999, Regular City Council Meeting.
Councilman Ferguson moved to, by Minute Motion, accept the work as complete and authorize the
City Clerk to file a Notice of Completion for the subject project, further directing staff to include
information on what City Council had previously approved at Palm Desert High School for completion
by September 1, 1999, with the progress report to be given at the Council's next meeting. Motion was
seconded by Councilman Kelly and carried by unanimous vote.
O. REQUEST FOR APPROVAL of Musical Ambassador Program.
Ms. Patricia Scully, Community Affairs Specialist, elaborated that the subject program
addressed a change from what was previously known as the Palm Desert Children's Choir,
which had been administered through the Civic Arts Committee. She went on to say that
program had floundered, and there had been concern about participation outside Palm Desert;
therefore, a subcommittee of Civic Arts was formed to propose an alternative-- the Musical
Ambassador Program. Ms. Scully said the program would call for an adjudicated
competition, with any sanctioned performing arts group of musical, dance, or similar
artfulness and consisting of five or more members from any of Palm Desert's schools eligible.
She said the school criteria was based on that utilized for the annual Student Art & Essay
Contest, including private schools; any child who was a registered Palm Desert school student
would be qualified to participate. She reported that the chosen group would then serve as
ambassadors of the City for a one year period and would be so identified; activities would be
controlled by City staff (i.e. arrangements, financial considerations, reimbursements, etc.) to
more closely monitor the expenditures, income, and the program overall.
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In response to question about who would direct the group, if, for instance, a choir was
selected, Ms. Scully answered the selected group's director would take over the day-to-day
administration of performers. She further affirmed that the program would be different every
year; staff envisioned the ambassadors being a dance group, or a chamber choir, a jazz band,
a full concert band, or a smaller orchestra, etc., to produce a variety of activities and
performers instead of the same thing each year.
Councilman Kelly expressed his concurrence with the program as proposed, which was the
reason he asked for separate discussion in order to extoll its merits.
Responding to Council comment, Ms. Scully said the subcommittee felt the proposed would
be a more effective way to administer the program and to promote Palm Desert's youth. With
the success of the Student Art & Essay Contest, the amount of pride and participation it
generated, for both students and the City, she anticipated the Musical Ambassador Program
would create the same excitement for performing artists.
Councilman Kelly moved to, by Minute Motion, approve a Musical Ambassador Program as
recommended by the Civic Arts Committee and as outlined in the accompanying staff report. Motion was
seconded by Councilman Ferguson and carried by unanimous vote.
P. REQUEST FOR APPROVAL of 2000 Summer of Fun Schedule.
Councilmember Benson asked for this item to be held over as she'd again noticed the schedule
began in May when the summer months were June, July, and August. She preferred seeing
the money spent on a better concert or in some other manner than beginning the series prior
to the end of the school year.
Councilman Ferguson concurred, adding that what started out as a great benefit to year-round
residents initially with concerts, increased by the addition of movies, was excellent. However,
he felt it had mushroomed into a $70,000 budget item that lasted six months, overextending,
if not the budget, the staff somewhat. He noticed the staff recommendation had been opposed
to expanding the program, and with all due respect to the Civic Arts Committee, he sided with
staff in this instance.
Mayor Spiegel stated that the movies didn't begin until June 15, after school was out, and next
year they would be geared towards kids since they were the ones who really came out for
those events. Traditionally, he said the concerts had commenced with the Navy Band of
San Diego and the second largest turnout next to the Riverside County Philharmonic. He
noted that many residents left the area by May 1; however, he perceived no difficulty filling
up the various venues. He added that there was discussion about inviting the Marine Band for
next year's series because of the success of the Navy Band. Mayor Spiegel then noted that the
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2000 series would cost less than 1999's because of fewer movies scheduled, the reason behind
conducting two concerts in May.
When asked why staff recommended no expansion, Ms. Scully said staff based its
recommendation on comments from residents and school personnel received during the 1999
season. Therefore, the recommendation was to begin after the close of the school year; Palm
Desert High School's graduation ceremony was always held the second Thursday in June. She
affirmed that the original recommendation was to begin the series on June 15 and run through
September 21.
Councilmember Benson stated she had no issue if they began June 1, but she felt it was
rushing things to start any sooner.
Councilmember Benson moved to, by Minute Motion, approve the 2000 Summer of Fun Schedule
with a commencement date of June 1. Motion was seconded by Councilman Ferguson and carried by a
4-1 vote with Mayor Spiegel voting NO.
Mayor Pro-Tempore Crites asked that the issue again be revisited at the end of the 2000
Schedule to determine which time frame was best-- beginning the series in May or in June.
VIII. RESOLUTIONS
None
IX. ORDINANCES
For Introduction:
None
For Adoption:
A. ORDINANCE NO. 926 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, DESIGNATING THE RELOCATION APPEALS BOARD
TO HEAR APPEALS FROM DETERMINATIONS OF THE CITY OF PALM DESERT
AND THE PALM DESERT HOUSING AUTHORITY.
Councilman Ferguson liked the concept of the subject ordinance; however, as he read it, he
felt perhaps the process had been reversed. He believed it read that the City Council would
hear all relocation requests, and if the applicant didn't like Council's decision, then a Council -
appointed board would decide whether or not to agree with it. He preferred an appointed
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panel hear the relocation requests in the first instance, and if the applicant disagreed, an appeal
could be made to the City Council.
Mr. Ortega commented that perhaps this action could be withheld until such time as
Redevelopment Agency Counsel, Ms. Sayre Weaver of Richards, Watson & Gershon, arrived;
she was scheduled to attend the meeting during Closed Session to discuss other real estate
acquisitions.
Councilman Kelly moved to continue consideration of Ordinance No. 22.6 until such time as
Redevelopment Agency Counsel was available to address the concerns raised. Motion was seconded by
Councilman Ferguson and carried by unanimous vote.
Following the arrival of Redevelopment Agency Counsel, later in the course of the meeting,
the subsequent discussion and action occurred.
Councilman Ferguson said after reading the Relocation Appeals Board ordinance, as drafted
by Redevelopment Agency Counsel, he took it as saying that the Council would consider all
relocation requests. If the applicant for such a request didn't agree with Council's decision,
he understood that decision would be appealed to a Council -appointed body. He suggested
that a panel be created to hear requests in the first place, and if an appeal was to be made, then
it came before City Council.
MS. SAYRE WEAVER, Richards, Watson & Gershon, Los Angeles, CA, felt it could be
structured in whatever manner the Council desired; the process wasn't required to be in any
particular order. She felt her firm had structured the ordinance the way it was after some
discussion with staff in an effort to design the smoothest possible process. She explained that
as long as the Appeals board was in place, as well as a preliminary decision -maker that wasn't
the Appeals board, it could be structured however Councilmembers determined best.
Mayor Pro-Tempore Crites suggested that perhaps the Building Board of Appeals and
Condemnation, already established, could be utilized in the process.
Mayor Pro-Tempore Crites moved to, by Minute Motion, continue further consideration of
Ordinance No 926, as amended to reflect the City Council as the final arbitrator of relocation request
appeals, to the meeting of October 28, 1999. Motion was seconded by Councilman Ferguson and carried
by unanimous vote.
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X. NEW BUSINESS
A. CONSIDERATION OF TRAFFIC AND PARKING CONDITIONS AT
WASHINGTON CHARTER SCHOOL.
In response to question about whether a meeting had been conducted with all the neighboring
residents, Mr. Mark Greenwood, Transportation Engineer, answered that no formal meeting
had been held with neighbors. However, he had spoken with residents there previously when
he'd observed them yelling at parents to get out of the driveways.
Councilmember Benson felt those residents would be yelling when there were 44 cars parked
in front of their residences, too. Mr. Greenwood said the intent of his proposal was to allow
other places for parents to park so that they wouldn't be on the residential side of the street,
reducing the impact there. He added this was the first step in the process, to see if Council
would even consider the concept.
Mayor Pro-Tempore Crites recalled that the School District was somewhat chastised for not
first approaching neighbors about their plans to remodel Palm Desert Middle School;
therefore, whatever happened, the next step should be to visit with those residents.
Councilman Kelly didn't understand why the District wouldn't want to pay for increasing and
improving their parking, noting that approximately 50% of the State's budget went for
schools. Mayor Pro-Tempore Crites offered that the State of California was still ranked about
38th in the United States in per capita spending for students.
Councilman Ferguson commented that in some of the discussions about the City working more
closely with Desert Sands Unified School District (DSUSD), he got the impression that since
Washington was a charter school, it was somewhat the orphan stepchild of the system because
it had declared its autonomy. He quickly pointed out that he didn't intend to disparage the
District by sharing that information, noting that he believed the planning decisions for the
school were actually made by that facility instead of by Desert Sands. He suggested meeting
with the residents and school officials to address the problems, much in the same manner as
was being done with Palm Desert Middle and High Schools with Desert Sands, stating that he
felt Washington should be addressed equally. He volunteered to accomplish that task along
with Mr. Greenwood.
Councilmember Benson observed that it was a good place for the parking but was certain that
the neighbors would take issue once cars started utilizing it. She said the financing was
another issue; although she agreed in the concept of working with the School District, she felt
it had been proven that the more that was financed by the City, the more that was asked of it --
this should be a mutual project.
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Mayor Spiegel believed a meeting with the neighbors should occur first to address their
concerns. Secondly, he believed issues with DSUSD should be dealt with in total, including
Palm Desert High School access from Cook Street, the Middle School, etc., instead of taking
a piecemeal approach to the various facilities.
Councilman Kelly moved to, by Minute Motion, continue the matter to such time as staff can
facilitate meetings with all surrounding residents and Desert Sands Unified School District officials and
return with a resulting recommendation for resolving parking concerns at Washington Charter School.
Motion was seconded by Mayor Pro-Tempore Crites and carried by unanimous vote.
B. REQUEST FOR APPROVAL OF PORTOLA AVENUE WIDENING
WHITEWATER CHANNEL TO HIGHWAY 111.
Mayor Pro-Tempore Crites moved to continue this item to the 7:00 p.m. portion of the meeting so
that it could be considered concurrently with Public Hearing Item B. Motion was seconded by
Councilman Ferguson and carried by unanimous vote.
Following reconvening of the 7:00 p.m. session of the meeting, the subsequent action was
taken. Please see discussion associated with Public Hearing Item B for further detail.
Councilman Ferguson moved to, by Minute Motion, continue consideration of both Case
No. GPA 99-2 and the widening of Portola Avenue from the Whitewater Channel to Highway 111 to a
time uncertain to formulate a full range of alternatives. Motion was seconded by Mayor
Pro-Tempore Crites and carried by unanimous vote.
XI. CONTINUED BUSINESS
A. CONSIDERATION OF POLICY FOR ENACTING A PUBLIC CONTRACT CODE AND
AN AMENDMENT TO CHAPTER 3.32 OF THE PALM DESERT MUNICIPAL CODE
REGARDING PURCHASING POLICIES AND PROCEDURES (Continued from the
meetings of August 26, September 9, and September 23, 1999).
Mr. Erwin noted the proposed ordinances included in the meeting's agenda packets in addition
to the memorandum which summarized discussions held at the staff level and with the two
Council liaisons.
Councilmember Benson moved to: 1) Waive further reading and pass Ordinance No. 927 to second
reading; 2) waive further reading and pass Ordinance No. 928 to second reading. Motion was seconded
by Mayor Pro-Tempore Crites.
Councilman Ferguson expressed his concern over the City being restricted by the "lowest
responsible bidder" requirement on projects where that did not have to be the case; he felt
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Palm Desert would want that sort of flexibility as a charter city. He'd also heard the topic of
charter cities and their flexibility in the realm of purchasing and bidding requirements had
been discussed at the recent League of California Cities meeting, which he felt deserved
consideration. Mayor Spiegel and Councilman Kelly concurred.
Mr. Erwin asked that the matter be continued to the next Council meeting, and his office
would modify the ordinances accordingly.
With concurrence of the previous motion -makers, Councilman Ferguson moved to continue
consideration of Ordinance Nos. 927 and 928, as modified, to the meeting of October 28, 1999. Motion
was seconded by Councilman Kelly and carried by unanimous vote.
XII. OLD BUSINESS
A. REQUEST FOR APPROVAL OF THE DESIGN CONCEPT AS FORMULATED BY
ARTIST DALE CHIHULY FOR THE DESERT WILLOW CLUBHOUSE ARTWORK
(CONTRACT NO. C15970).
Mrs. Miller stated the artist's project manager, Mr. Fritz Frauchiger, was in attendance to
answer questions from Councilmembers. She then displayed for Council actual glass pieces
from the Chihuly Studio that resembled the coloration and design of those proposed for the
subject work, noting its components would be colored compatibly with the Clubhouse's
interior design. She said the artist and staff were currently in dialog with the engineering team
for coordination of the installation.
When asked about the possibility that the Clubhouse foyer would not support the load of this
piece's installation, Mr. Frauchiger responded that the piece was not built yet, and the
appropriate officials were in discussion currently on that issue. He said the studio had been
told that the maximum dead load would support 1,200 pounds; Mr. Chihuly would adjust his
design so that it would never exceed the agreed upon amount without impacting any of the
work's presence, and it would be easy for the artist to accomplish.
Councilman Ferguson said while he was initially skeptical of the subject piece and its
placement in the Clubhouse, he'd recently been to the island of Merano, renowned for its glass
blowing and the masters doing it there since the fourteenth century, and when he mentioned
Mr. Chihuly's name, mouths were agape. He further referenced the artist's acclaim with his
current exhibit in Jerusalem.
Mrs. Miller said staff was obtaining a copy of a video of the artist's recent work there that
resulted from the CNN, NBC, ABC, and Public Radio coverage of it. The video would be
arriving shortly and available for review.
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Councilman Ferguson felt the subject piece was spectacular. Further, after learning of the
structural engineering aspects at this morning's meeting of the Clubhouse Committee and the
load specified for the site of the piece's installation, he wanted to be sure that the sculpture's
integrity was not sacrificed to lessen the load on a beam that could be inconspicuously
reinforced to support the installation. He believed the beam should be reinforced to support
the piece as designed. Mayor Pro-Tempore Crites concurred.
Councilman Kelly acknowledged Mr. Chihuly's international renown. However, he believed
it had been made clear to the artist that the subject venue required a design all its own,
recognizing that the proposed colors were compatible with the interior design and the desert
landscape. When he recently attended the League of California Cities Conference in San Jose
and attended a reception at the museum there, he was quite disappointed to see three Chihuly
pieces in that foyer which looked strikingly similar to the one proposed for Desert Willow's
Clubhouse.
MR. FRAUCHIGER responded that was from a Portland, Oregon, private collection and part
of a traveling exhibition. He noted that they were older pieces, the glass and individual shapes
were different, as was the structure holding the glass. He conceded that on some level, the
argument could be made that all Venetian or eighteenth century English chandeliers also
looked the same, even though they were quite different one from the other.
In response to question how the artist addressed the Council's desire for the piece to coincide
with the desert experience, Mr. Frauchiger explained that since the pieces had not yet been
blown, and he hadn't seen detailed drawings of what was intended individually with the
pieces, he could not respond other than a chandelier that was different in scope than the
Atlantis Casino and Hotel in the Bahamas, where the pieces were designed to imitate sea forms
in nature. He said the same concept would be addressed for the subject work, going on to say
that while Mr. Chihuly didn't do direct representation, such as a tortoise or a roadrunner, the
components would be suggestive of those forms.
Councilman Kelly found it hard to be enthusiastic about the subject piece being placed in the
Clubhouse of a golf resort.
Mayor Spiegel noted that Councilman Kelly's point was well taken. However, he felt the
facility being constructed at Desert Willow was more than just a Clubhouse; it was the main
entertainment facility for the City of Palm Desert, whether for golfing, dining, socializing,
or as a guest of Intrawest. Therefore, he looked at it in a broader spectrum.
Councilman Ferguson said when he recently toured the Vintage clubhouse after being
extensively remodeled, he noted that it looked like a very upscale facility for conducting a
Rotary meeting, a wedding, or a conference. He had no problem with the proposed artwork.
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Councilman Ferguson moved to, by Minute Motion: 1) Concur with the recommendation of the Art
In Public Places Commission and approve of the subject artwork design concept; 2) authorize artist to
commence fabrication of same, pursuant to terms of the subject agreement. Motion was seconded by
Mayor Pro-Tempore Crites who asked that direction to the artist be re-emphasized regarding the piece's
emulation of organic forms that conveyed the desert environment.
Councilman Kelly clarified that he didn't view the venue as merely a golf clubhouse; he'd
always looked at it as a center for social functions. However, he had hoped that the artwork
presented to the Council would be an exclusive design for that site and not something similar
to the artist's other work.
The motion carried by 4-1 vote with Councilman Kelly voting NO.
B. PRESENTATION BY MORRIS COMMUNICATIONS RELATIVE TO ADVERTISEMENT
ON BUS STOP SHELTERS IN THE CITY OF PALM DESERT.
Councilman Ferguson noted for the record that his law firm represented Fairway Outdoor
Advertising; therefore, he excused himself from the Chamber during discussion of this item
and noted that he would abstain from any resulting action to be taken.
Mayor Spiegel stated that the City Council had granted Morris' request to hold in abeyance
any removal of bus shelter advertising until such time as they could make a presentation
regarding an alternative program.
MR. PETER SCHEURMIER, Vice President of Outdoor Advertising/Broadcasting/Direct
Marketing for Morris Communications Corporation, stated his firm was a family -owned multi-
media company based in Augusta, Georgia. He said their corporation operated under some
specific mandates, the first being that they were an integral part of the communities they
served; secondly, they were to do right by the communities and their businesses; third, they
operated an honest, aggressive, and profitable business operation. In the Coachella Valley,
he said Morris Communications had billboard advertising in the form of Fairway and Desert
Outdoor; bus shelter advertising through its subsidiary company, Sunrise Media; the Desert
Radio Group comprised of seven radio stations; Smart Target direct marketing; Best Read
Guide, a tourist publication distributed throughout the Valley; and a soon -to -be -launched
major Internet site. He introduced local Morris representatives also in attendance at this
meeting, Mr. Ed Scherer, General Manager of Outdoor Operations and Bus Shelter
Operations, and Mr. Bruce Johnson, who operated the Radio Group, the Internet operation,
and Best Read Guide.
MR. SCHEURMIER went on to say Morris had been a part of the economic fabric of the
desert for more than 25 years, bringing a significant amount of economic value to numerous
cities here, including Palm Desert, by attracting people to the City to play, work, live, and
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shop. He said more than 100 Palm Desert -based businesses used one or more of Morris'
media platforms to bring people to their place of business in the City; additionally, numerous
charitable and non-profit organizations throughout the Valley were promoted by Morris, many
of which were based in Palm Desert. He stated as an out -of -home medium in such an area,
theirs was probably the last, most effective, and most influential medium before a consumer
made a purchase decision, an eating decision, or a decision about where they should live-- it
was a car -driven community. However, he was before Council today to address recent action
taken regarding the bus shelter advertising program in Palm Desert, noting he was at this
meeting with the full knowledge and blessing of SunLine Transit Agency; everything being
presented today had already been reviewed with Dick Cromwell. He noted that Morris was
a third party beneficiary of an agreement between SunLine and the City of Palm Desert. If
it had been a party to the recent negotiations, he said Morris would have handled the situation
differently and would have suggested some other remedies. There were 18 months left on the
existing contract for bus shelter advertising; his firm had been counting on that economically,
as the space was sold in advance, and it believed there would be no deviation from that plan.
Therefore, Mr. Scheurmier asked that the terms of the contract be honored with some
significant modifications, asking for Council's consideration of putting the unsold panels to
better use with something that would directly benefit the City of Palm Desert and its
businesses.
MR. SCHEURMIER disclosed that the bus shelters were important to his organization because
those in Palm Desert represented the very core of its outdoor advertising program overall. He
said bus shelter advertising was sold in combination with billboards, as an out -of -home
medium, the only out -of -home medium in Palm Desert. Because the City was the Valley's
real economic center, the few bus shelters in Palm Desert represented an absolute anchor to
Morris' total media distribution; and its effectiveness as an out -of -home marketing vehicle
would be seriously diminished if too many of those were eliminated, not to mention the overall
effect on the company. Further, he said Morris had entered into commitments for the future
that were based on good faith and the understanding that an agreement was in place to 2001,
offering that he could make some adjustments to account for a portion of those commitments.
However, Mr. Scheurmier said he personally spent considerable time over the last six weeks
to fully understand the City's position and felt he was intimately aware of its feelings about
outdoor advertising and signage, recognizing that the City felt somewhat hypocritical with the
subject program in light of its stringent regulations for other businesses. He believed Morris
could fully conform with Palm Desert's regulations and could become a valuable asset to the
community.
MR. SCHEURMIER explained that Morris requested the City allow the following: 1) All
existing advertising panels to remain in place; 2) commercial advertising on those panels be
immediately reduced to 50%, never to exceed 50%, in order to fulfill current obligations;
3) no advertisement within City limits would be permitted for any business not in Palm Desert
that was in direct competition with businesses in Palm Desert; 4) full compliance with color
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requirements stipulated in the addendum to the original contract, acknowledging that neither
Morris nor SunLine had monitored that element closely enough in the past, and in the same
regard, guaranteed that all advertising would conform with all sign ordinances; 5) as a further
assurance, Morris would submit any and all advertising requested for bus shelters appearing
in Palm Desert for the City's approval prior to its being posted; 6) utilization of the remaining
50% of all the locations to promote benefits of living and doing business in Palm Desert. He
then provided packets of his company's proposal, as outlined above, to Councilmembers,
noting some of the ideas envisioned, some of a public service nature, some to promote
businesses and the City, all of which were in compliance with current regulations. He drew
specific attention to one of the items, reproduction of a poster announcing an art show to be
held at one of the galleries on El Paseo, which was best depicted with a four-color format, in
violation of the three -color regulation. He realized the City's intent was to limit high contrast
for a more tasteful presentation; however, this was the reason they proposed submittal of every
piece to the City for approval-- certain ads or announcements called for more than three
colors.
MR. SCHEURMIER pointed out that one of the bus shelters slated for advertisement removal,
located between the Civic Center and the McCallum Theatre, could be used on a weekly basis
to promote Civic Center Park activities. Additionally, he said the Coachella Valley Economic
Partnership had asked Morris to donate space to promote the Valley, particularly during major
events, as an attractive relocation site. He stated two opportune sites on Country Club Drive,
bracketing hotels, would be removed based on the previous Council action; if left, they could,
with City approval, be used appropriately to benefit all concerned. He provided the reason
why Morris would want all of the advertising left in place by stating that his organization's
livelihood was based on rotation and distribution; a part of the effectiveness of message
communication was dependent on moving it around and the reason all existing shelter
advertising space was necessary to accomplish that while strictly adhering to the 50%
constraint. He went on to report as an additional benefit, Morris would be prepared to support
the noncommercial side of the program with a public service campaign directly tied to it on
each of its radio stations to promote the message Valleywide. This was a motor -driven region,
and he noted that many visitors were attracted to establishing either a permanent or part-time
residence here, accounting for the amount of rapid development that had occurred; therefore,
intelligent advertising, signage and radio, would aid such decisions.
To summarize, Mr. Scheurmier said his organization was asking for a sense of fair play;
Morris was prepared to modify the existing agreement. However, the Council's recent actions
had somewhat singled out their firm, he felt harshly and somewhat punitively, removing 70%
of their boards; they were asking for a compromise removal of 50%. In addition, Morris
asked that all the units remain in place so that it had proper marketing distribution, not only
for the commercial side, but also for the noncommercial, with 50% to be returned to the City
at no expense-- Morris to produce the creative and do the campaigns, working with the City;
the City would be able to police the content to guarantee conformance, and the City's
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businesses would be protected. Further, he noted that per the August action, eight shelters
would remain for an additional six months after the contract expired, which Morris
appreciated, but realized that if by January 2001 they hadn't proven to be a good corporate
citizen, they were prepared to pack it in-- it wouldn't be worth trying to drag out a relationship
that was not working. He respectfully requested Council's consideration of the proposal.
In response to question about the City's control of Morris' 50% of the advertising space,
specifically related to tobacco and liquor, Mr. Scheurmier answered he would agree to a ban
on liquor advertisement, noting that outdoor advertising of tobacco was already prohibited by
law. He noted that Morris Communications actually phased out tobacco advertising about a
year prior to its becoming illegal. Further, he stated as a general policy, Morris carried much
less liquor advertising in its outdoor program than most companies.
Councilman Kelly commented that all the objections he had to the current program seemed to
have been answered with the proposal made by Mr. Scheurmier.
When asked whether Morris' current agreement with SunLine also expired in January 2001,
Mr. Scheurmier responded it did not; he was referring to the City's agreement with SunLine
which terminated in January 2001. Mr. Scheurmier went on to say that his firm's agreement
with SunLine went on for some time to represent any and all bus shelter advertising, which
was, obviously, dependent upon SunLine's contracts with the cities. After what he planned
to show Palm Desert between now and January 2001, he hoped the City would want to
continue the program.
In further response to question whether Morris planned to take legal action against SunLine
if the City went ahead with its August 26 action to continue with eight shelters until
January 2001 and remove the remainder, Mr. Scheurmier answered he and his company had
no particular interest in suing anyone. Further, he didn't believe he had the particular
authority to respond adequately to that question; he felt the issue had been blown tremendously
out of proportion.
Mayor Spiegel explained that he'd seen some correspondence sent to the City, indicating that
there would be some legal implications if the City went ahead with its original action. He,
therefore, assumed that if Morris sued SunLine, SunLine would have no other alternative but
to sue the City.
MR. SCHEURMIER clarified that Morris paid a lot of money for the subject contract,
reiterating that it was his job was to run a good, aggressive, fair, and profitable business.
Therefore, he would be remiss if he didn't preserve Morris' rights; however, if the people at
SunLine were asked, he felt they would say his company had gone to extraordinary lengths
in this particular issue to resolve it without ever coming close to litigation. He acknowledged
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that there had been a letter which asserted the company's rights, but he asked that letter not
be confused with a threat.
Councilmember Benson remarked that when removal of the advertising was initially discussed,
something like what Mr. Scheurmier proposed was that which was desired. She felt if Morris
Communications was willing to meet the City's requirements and objectives, it would be
appropriate to work with them.
Mayor Spiegel agreed, but he also thought it was the City's desire to redesign and renovate
its bus stops, making them more attractive, in a phased program to be budgeted for a certain
number of shelters each fiscal year beginning in FY 2000/2001.
Councilmember Benson and Councilman Kelly concurred; however, they felt the phasing
would be such that working with Morris in the interim would be acceptable. Councilman
Kelly felt one issue that could be improved upon was the three -color condition specified in the
sign ordinance; a bus shelter ad frequently needed more colors, which he believed even
subdued certain messages, noting that the City would have such review authority.
Mr. Drell offered that the City's sign ordinance allowed for pictorial realism to consider more
than three colors; precedence was established in that regard. Mr. Scheurmier added that
would be the only occasion in which they would ask to exceed the regulation.
Mayor Pro-Tempore Crites commented that if there was an exception in the ordinance that
allowed review on a case -by -case basis, then he would concur.
Mayor Spiegel stated if the City were to go along with the proposed, and all of the panels
(City's and Morris') were presented to the City, then he believed that the Promotion
Committee should sign off on any of the new ones. In a case such as the gallery on El Paseo,
the extra color was necessary, and he believed the Promotion Committee would approve of
it; however, in other situations, three colors were adequate. Further, Mayor Spiegel asked
his colleagues and Mr. Scheurmier to consider letting one action taken August 26 stand, that
being the City would budget $50,000 in FY 2000/2001 to begin a progressive bus stop shelter
improvement program. He believed it would be appropriate, with that amount of funding, to
begin renovating two sites, making them look similar to the one at Desert Crossing.
Councilman Kelly suggested starting with two sites he knew of that were already without
signage.
Mayor Pro-Tempore Crites moved to, by Minute Motion, direct staff to thoroughly review the
information provided during this meeting and return to the City Council at its October 28, 1999, meeting
with a recommended action that would allow incorporation of the seven suggestions made by
Morris Communications and retention of the $50,000 budget allocation for Fiscal Year 2000/2001 to
begin a progressive bus stop shelter improvement program, as approved at the August 26, 1999, City
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Council Meeting, along with a suggested process for internal signage review and approval by the
Promotion Committee and/or the Architectural Review Commission, thereby granting a continuance of
the existing bus shelter advertising program for two weeks. Motion was seconded by Councilman Kelly
and carried by a 4-0-1 vote with Councilman Ferguson ABSTAINING.
XIII. REPORTS AND REMARKS
A. INFORMATIONAL ITEMS:
1. Progress Report on Retail Center Vacancies
Ms. Ruth Ann Moore, Business Support Manager, reported that her staff attended
the Western States ICSC last Thursday and Friday, noting that project prevented her
from preparing a written report for this meeting; however, she would provide one
for the next. She said at the ICSC, Desert Crossing and Westfield Shoppingtown
Palm Desert were focus points, with interest being generated for both locations, as
well as for the 12-acre site at Highway 111 and El Paseo. Additionally, she said
staff heard about a lot of interest in Rancho Mirage's River project and in the
renovation of the Desert Fashion Plaza in Palm Springs.
Mayor Spiegel commented that it had been the last year for the ICSC at Marriott's
Desert Springs; it's outgrown that location and would be held at the Palm Springs
Convention Center next year.
Responding to question about the former Home Base location, Ms. Moore said there
was some interest in that site. She offered to talk with the broker and provide more
detail during Closed Session of the October 28 meeting.
2. Progress Report on Desert Willow Clubhouse Facility
Mr. Allan Levin of Allan Levin Associates, contract construction manager, handed
Councilmembers an updated construction schedule grid. Responding to question
about the completion date, he replied that the date had been extended approximately
two weeks, into January. He went on to report that some difficulties had been
encountered in procuring materials, which were discussed at this morning's
construction meeting with Councilmen Ferguson and Kelly. He said one of the
biggest issues had been that of the cultured stone veneer; it was previously a
three-week lead item, it had now been nine weeks since ordered, and he learned it
was currently running a 16-20-week lead time. He said that factor had caused the
schedule to move out. Secondly, he said the other factor causing delay was
manpower; everything possible was being done to bring people to the job site, but
it was difficult at this time.
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Mr. Levin went on to explain that the east half of the building had passed most of
the preliminary rough inspections; it was nearly dry -walled, insulated, kitchen
equipment was being installed, 80% of the front arroyo feature was complete, golf
course would be opening tomorrow, and by Saturday, the bridge and cart path
would be completed behind the 18th green on the Mountain View Course.
Councilman Kelly reported that the contractor had been in contact with the stone
manufacturer, who gave assurance that he could improve on the schedule. Further,
he said the rough plumbing and electrical had been approved, the drywall contractor
promised to bring his complete force for rapid completion, and the tile contractor
said he would also bring additional crew to quickly complete his portion of the
project.
Mr. Levin added that all of the tile necessary for the Clubhouse was on hand, there
would be no unanticipated delay in that regard. He said the carpet was shipped on
October 11.
In answer to question about the carpet's mode of shipment, Mr. Levin stated it was
ocean freight from England to New York and motor freight from New York to
California. He further responded that he was in frequent communication with the
interior designer to closely monitor the shipment.
When questioned where the cultured stone work was located on the schedule,
Mr. Levin said it was located in two places: 1) Main Clubhouse Interior (Schedule
No. CC225) with anticipated completion by November 19; 2) Main Clubhouse
Exterior (Schedule No. CC540) which would not be completed until December 14,
and there were additional items-- landscaping, lighting, etc., that had to wait until
after the stone veneer was installed. He further responded that it was not a critical
activity in relation to affecting progress of other on -site work.
Councilman Kelly noted the sewer was completed and was ready for backfill.
Mr. Levin said the water would be done on Monday, and the rest of the turnaround
extending Desert Willow Drive would be completed in the next couple of weeks --
the curb work, underground utilities, and paving; remaining site work curbing
would begin in about one week, followed by paving of the parking lot.
Mayor Pro-Tempore Crites emphasized his concern over delay of project
completion, some two and a half months from the mid -October date promised
initially.
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3. Status Report on Washington Street Widening Project
Mayor Spiegel noted the report provided to Council in the agenda packets.
Councilman Kelly asked whether consideration had been given to live traffic
direction for those critical locations currently under construction in the City. He felt
locations such as the upcoming Washington Street project, construction of the new
Southwest Church campus at Fred Waring and Washington, etc., where traffic
frequently became bogged down, were prime candidates for such control. He asked
staff if it felt the County and City of La Quinta would also participate in funding for
same.
Mr. Folkers said at the preconstruction meeting last week, discussion about various
measures to reduce traffic impact took place, of which traffic direction was a topic.
He said staff would stress Palm Desert's desire for that type of mitigation to make
traffic flow smoother.
With Council concurrence, staff was directed to pursue live traffic direction at the
aforementioned construction sites, in addition to the intersection of Country Club Drive and
Monterey Avenue.
In response to question whether maximum utilization of off-peak traffic hours was
occurring, Mr. Folkers stated that one lane of traffic was intended to be left open
during the Washington Street project. Further, he said the contractor had indicated
a 30% reduction in overall project time could be realized if he was allowed to
pursue some specific methods; staff would be meeting with that contractor to discuss
those ideas and any other that would facilitate the construction schedule while at the
same time reducing traffic impact.
Mayor Pro-Tempore Crites cited an example of the landscaping done along
Highway 111 adjacent to the Las Sambras shopping/dining area last year, where
traffic was impacted every day from 8:00 a.m. to 5:00 p.m., the hours when that
thoroughfare was traveled most heavily. He felt contractors should be advised that
off-peak hours were desirable for traffic construction in the City of Palm Desert.
B. CITY MANAGER
None
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C. CITY ATTORNEY
Mr. Erwin noted the items for Closed Session consideration, at an appropriate time, as listed
on the agenda.
1) Request for Closed Session:
Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: 44-991 Portola Avenue (0.45 acres)
Negotiating Parties:
Agency: City of Palm Desert/Phil Drell, Community Development Director
Property Owner: Coachella Valley Water District/Tom Levy
Under Negotiation: .2_ Price Terms of Payment
2) Property: Lease Property - Parkview Professional Office Buildings,
73-710-720 Fred Waring Drive, Palm Desert, CA 92260
Negotiating Parties:
Agency: City of Palm Desert/Paul S. Gibson, Finance Director
Property Owner: City of Palm Desert
Other Parties: USFilter Corporation
Under Negotiation: Price . Terms of Payment
Significant exposure to litigation pursuant to Government Code Section 54956.9(b):
Number of potential cases: _2.
2) Report and Action on Items from Closed Session Made at This Meeting.
None
D. CITY CLERK
Mrs. Gilligan reported that the 2000 El Paseo Art Exhibition was being installed currently,
with a grand unveiling scheduled for Saturday evening, November 13, along with a reception
to be held at The Gardens on El Paseo. She noted November 13 would also be the City's
Public Safety Day in Civic Center Park with numerous activities planned.
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E. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action.
None
o City Council Committee Reports.
None
Upon a motion by Councilman Kelly, second by Councilman Ferguson, and unanimous vote of the
City Council, Mayor Spiegel adjourned the meeting to Closed Session at 5:47 p.m. He reconvened the
meeting at 7:00 p.m.
XIV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
Please see individual items for discussion and action.
XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION OF PROCLAMATION DECLARING OCTOBER 1999 AS NATIONAL
DOMESTIC VIOLENCE AWARENESS MONTH IN THE CITY OF PALM DESERT.
On behalf of the City Council, Mayor Spiegel presented the framed proclamation to
Ms. Lynn Moriarity, Executive Director of Shelter From the Storm. Ms. Moriarity expressed
her heartfelt appreciation for the City's support of her organization.
B. PRESENTATION OF CITY OF PALM DESERT OUTSTANDING CITIZENSHIP AWARD
TO OSCAR FONSECA.
Mayor Spiegel, on behalf of the City Council, Lieutenant Denver Pittman, on behalf of the
Palm Desert Police Department and the Riverside County Sheriffs Department, and Fire
Chief John McLaughlin, on behalf of the California Department of Forestry and Fire
Protection, each presented Mr. Fonseca with special recognition from their respective agencies
for his quick thinking, valor, and good citizenship. Mr. Fonseca was credited with rescuing
a 14-month old child that was locked in a car parked in the Lucky grocery store parking lot
on September 12. Authorities reported that without Mr. Fonseca's call for emergency
assistance, the child would have either suffered irreparable damage or perished in the 130°
heat inside the car.
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XVI. PUBLIC HEARINGS
With Council concurrence, Mayor Spiegel 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.
A. CONSIDERATION OF AN APPEAL TO A DECISION OF THE PLANNING
COMMISSION, DENYING A REQUEST BY PEARL INDUSTRIES, INC., FOR
APPROVAL OF A GENERAL PLAN AMENDMENT TO ADD SENIOR OVERLAY,
APPROVAL OF A CHANGE OF ZONE FROM PR-7 (PLANNED RESIDENTIAL -
7 UNITS PER ACRE) TO PR-7 S.O. (PLANNED RESIDENTIAL SENIOR OVERLAY),
PRECISE PLAN OF DESIGN/CONDITIONAL USE PERMIT (INCLUDING A HEIGHT
EXCEPTION FOR THE THREE (3) STORY PORTION), DEVRJ OPMENT AGREEMENT,
AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES
TO A PROPOSED 250-UNIT CONTINUING CARE RETIREMENT COMMUNITY, A
COMMUNITY CENTER BUILDING, AND A 99-BED SKILLED NURSING FACILITY
ON 13.04 ACRES ON THE WEST SIDE OF FAIRHAVEN DRIVE, BETWEEN FRED
WARING DRIVE AND PARKVIEW DRIVE, 72-650 FRED WARING DRIVE AND
72-755 PARKVIEW DRIVE Case Nos. GPA 99-3. C/Z 99-2, PP/CUP 99-7, and DA 99-3
(Pearl Industries, Inc., Applicant/Appellant).
Mr. Drell stated that subsequent to the Planning Commission decision, which was appealed,
the Applicant made significant changes to the project. He said those included a lowered
height, which was the main reason for denial; therefore, staff recommended the matter be
referred back to the Planning Commission for review of said modifications. In response to
question, he affirmed Architectural Review Commission would also be involved in the
process.
In further response to question whether Planning Commission and Architectural Review
Commission would review the additional issues raised by concerned residents in their
communication to City Councilmembers (i.e. architectural style, location of certain project
components, suitability, etc.), Mr. Drell answered the entirety of the project would be
reviewed. While he could not promise changes, he said all the requirements of the senior
overlay zone, including the affordable housing element, would be considered. He went on to
respond that there would be renotification of the Planning Commission public hearing, as well
as for City Council hearing at the appropriate time.
Mayor Spiegel declared the public hearing oven and invited testimony FAVORING or OPPOSING
the subject appeal, reminding the audience that the matter would again be considered by the
Planning Commission, as well as possibly by the City Council.
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MR. PAGE QUILLING, 72-845 Arboleda Avenue, Palm Desert, asked for notification when
the matter was again considered by Architectural Review Commission. Further, he asked that
it go through the entire process again, starting at Architectural Review Commission, then to
Planning Commission, ending up at City Council so that residents had opportunity to review
the plans and express their ideas or concerns for same. Since the zoning needed to be
changed, he asked for consideration of forming a neighborhood committee that could be
directly involved in planning the project.
Mayor Spiegel felt that was an excellent idea and asked the Applicant, Mr. Sweet, to work
directly with Mr. Quilling to get the group together, along with Community Development
staff.
MR. ROY WESTWOOD, 72-781 Fleetwood Circle (Monterey Sands), Palm Desert, stated
only half of the members of his association received notification of the matter; and when he
inquired about it, the explanation was that there was a certain 300-foot limit for providing
notification. However, he said it was all one unit, and when discussion arose at their recent
board meeting, members were ill prepared to address the issue.
Mayor Spiegel responded it was a State limitation, but the City could provide notice to a wider
area. He suggested Mr. Westwood get in touch with Mr. Drell tomorrow to provide details
for future notification.
Councilman Ferguson added that in past cases, homeowners' associations had been notified
to provide the information to their respective members. He felt it was the City's desire to
make the process as thorough and fully open as possible to solicit all concerns so the
Architectural Review and Planning Commissions could incorporate that information in their
consideration processes.
MR. JERRY ROGERS, 43-840 Fairhaven Drive, Palm Desert, drew Council's attention to
its May 1999 decision on a very similar project to Pearl Industries', The Damone Group
project proposed for the corner of Hovley Lane and Monterey Avenue. He stated that was a
60-bed facility on a four -acre site, zoned PR-5, which, after much consternation, was denied
3-1 with Councilman Ferguson abstaining. As a neighbor to the subject project, he felt it was
impossible to understand the difference between denial of the Damone project and denial of
that proposed by Pearl Industries.
MR. FERN STOUT, 37 Lake Shore Drive, Rancho Mirage, CA, stated he had lived in Palm
Desert and Rancho Mirage continuously for the past 35 years. He said in contemplating the
socioeconomic development of the area in that time, including the need for senior housing,
retirement properties had a tremendous impact on the City's support by raising the economic
level of the area and promoting its cultural values. Feeling that hadn't changed substantially,
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he believed Palm Desert had a great need for senior housing of the type proposed by Pearl
Industries. He urged approval of the project at the appropriate time.
Mayor Pro-Tempore Crites commented that on an evening when the Council was involved
with higher education, he asked that Dr. Stout be recognized as a well-known former president
of College of the Desert.
MS. JUDI ROGERS, 43-840 Fairhaven Drive, Palm Desert, said her residence was directly
adjacent to the property under consideration. She felt it was important for Councilmembers
to see how many of her neighbors were opposed to the project at this time, as they sincerely
believed it would have a serious negative impact on their neighborhood. She then asked the
audience for a show of hands of those opposed to the project, demonstrating that many were.
She appreciated Council's consideration and asked to be notified of the upcoming
reconsideration of the project by the aforementioned bodies, further asking that all of the
adjoining residences be so notified, especially the homes at Ridgeview and White Sun Estates
that would also be seriously impacted.
MS. NANCY SINGER, 6 Novato Terrace (Estates at Rancho Mirage), Rancho Mirage, CA,
said she was a member of the board of directors of the Estates at Rancho Mirage, directly
across the street from the proposed project. She said Ridgeview Estates residents were very
concerned about the subject project in their residential neighborhood, as it was felt Pearl
Industries was proposing a commercial enterprise with restaurant, full-time staff, a medical
facility, etc. She said no one doubted the need for senior housing, everyone favored that, but
not when it was done in a commercial fashion.
With no further testimony offered, Mayor Spiegel declared the public hearing closed.
Mayor Pro-Tempore Crites moved to, by Minute Motion, refer the issue back to both the
Architectural Review and Planning Commissions for consideration of all items. Motion was seconded
by Councilman Ferguson and carried by unanimous vote.
With Council concurrence, Mayor Spiegel recessed the meeting at 7:28 p.m. to allow audience
members in attendance for Public Hearing Item A to exit the Chamber. He reconvened the meeting
at7:32p.m.
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With Council concurrence, New Business Item B was considered concurrently with Public
Hearing Item B.
B. REQUEST FOR APPROV AT . OF A NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT AND A GENERAL PLAN AMENDMENT FROM MEDIUM DENSITY
RESIDENTIAL TO OFFICE PROFESSIONAL FOR 26 PROPERTIES LOCATED ALONG
THE PORTOLA AVENUE CORRIDOR Case No. GPA 99-2 (City of Palm Desert,
Applicant).
Mayor Spiegel said when the Council met in Closed Session earlier this evening, it
unanimously agreed that based upon the citizen input received for this item, more review was
necessary before taking any sort of action. He said the matter would be revisited, to be
brought back to the Council with the best possible recommendation, and residents would be
informed of that date. He said the recommendation could range from taking no action to
widening Portola with a landscaped island, but all of the alternatives would be examined.
While office professional would not be precluded, he said it would be set down significantly
from what was originally envisioned. Therefore, he said Council would ask that the matter
be continued to an indefinite time.
Councilman Ferguson clarified the Closed Session aspect of the discussion with regard to
property negotiation, stating that the Council definitely heard residents' concerns and realized
that the goals were not necessarily mutually exclusive, but more review and discussion needed
to occur so that an ideal solution for Portola could be reached.
Mayor Pro-Tempore Crites commented that Item B of this agenda's New Business, Portola
Avenue Widening from Whitewater Channel to Highway 111, would then also be held in
abeyance until the full range of alternatives was presented for the future of the community.
Councilmember Benson concurred.
Mayor Spiegel declared the public hearing open.
MR. DON THOMPSON, 43-845 Portola Avenue, Palm Desert, stated he felt the damage had
already been done. He couldn't sell his home now if he wanted to, although he didn't want
to at this time; the matter was still up in the air. He didn't object to what Council was doing,
but he asked that the process be expedited so residents could plan accordingly.
MR. ROBERT SCHNEIDER, 43-710 Buena Circle, Palm Desert, stated he'd purchased his
property, immediately adjacent to that under consideration, in 1993 intending to retiring there
from Los Angeles and his position as a Certified Public Accountant. He felt the neighborhood
was perfect for he and his family; therefore, he hated to see something happen to Portola that
would place a large office building right behind his home.
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MS. LISA BILLINGHURST, 74-041 Aster Drive, Palm Desert, said she lived adjacent, on
the other side of the street with her backyard on Portola. Because she and her neighbors knew
the matter was still all up in the air, they were concerned about their side of the street and
what effect widening might have on their property.
Mayor Spiegel affirmed that all those items would be addressed, and residents would be given
ample notification of such process.
MS. MARIA LOWELL, 44-525 San Jose Avenue, Palm Desert, wanted to highlight the fact
that four schools were located directly on Portola Avenue, and seven schools were affected
by that street. This project's effect on the street, the children, and the families that commuted
in and out of the area was a high priority to her, and she asked Council for its consideration
of that information.
In response to Ms. Lowell's question, Mayor Spiegel answered the matter would again be
considered by the Planning Commission.
Mr. Diaz added that the matter would go back and would start anew; there would be new
notices, new process, etc.
MS. JODI RATLIFF, 74-065 Goleta, Palm Desert, wanted to ensure that notification would
be made to all Palm Desert residents, as she was also concerned about the effect on the four
schools, especially as a member of the Lincoln School Parents' organization. She said the
three recent abduction attempts near that school distressed her; she didn't want to see any more
strangers in the vicinity, and she felt all residents should be concerned with the matter.
Mayor Spiegel stated that the notices were always published in The Desert Sun, explaining that
there would not be a mass mailing to all Palm Desert residents. However, he felt it was a
good suggestion to notify those schools and the Desert Sands District Office.
MR. BOB KRAUSE said he actually resided on Portola; however, felt he'd made a huge
mistake in listening to the City Council previously, when he'd heard that widening Portola
Avenue was a good thing to reduce traffic and congestion. In taking that indication seriously,
he'd purchased another house, believing the property would become office professional, and
he'd be able to sell his and his parents' property to a developer. He expressed to Council his
regret and asked for a more exact date when the widening would again be considered.
Mayor Spiegel estimated further consideration might occur as early as 30 days from now.
Mr. Drell commented that the widening didn't have to be considered by Planning
Commission, although he felt it could comment on the previous decision relative to the
General Plan Amendment.
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Mr. Diaz felt it would be presumptuous of the Council and staff to provide a date certain,
explaining that the City would move as rapidly as possible while being as thorough as possible
in reviewing all the alternatives and soliciting input from all the residents so affected.
MR. KRAUSE understood the traffic immediately in front of his residence was horrendous,
stating it was livable for him, or at least it had been. He believed the proposed was similar
to that done on Deep Canyon where there were four lanes and turning islands, and, obviously,
the traffic wasn't nearly as heavy there, but with the widening he felt the congestion would
be reduced. Further, his children attended Washington School, and he thought the traffic
congestion there was worse. He understood the sidewalk access to Lincoln and Palm Desert
Middle School would be made safer and asked to be provided with further updates on the
project as they became available.
MS. NANCY BEEBE, 43-625 Portola Avenue, Palm Desert, said she purchased her home
there last year. A single mother with two children attending Lincoln Elementary, she
anticipated establishing roots at that location and living there another 30 years. Therefore, she
urged Council's expeditious consideration so that a decision would be made and she'd have
the opportunity to relocate to another home, settling in so that her kids would hopefully be
able to attend the same school they were presently.
With no further testimony offered, Mayor Spiegel declared the public hearing closed.
Councilman Ferguson commented, for the benefit of those residents in attendance, that the
City had two plans-- a general plan for the City of Palm Desert and a specific plan for the
subject neighborhood and those surrounding, with a long term goal to facilitate buffers
between residential and high volume arterial streets by utilizing office professional. He went
on to say those plans were developed in 1984 and 1985, one of them was updated in 1994, and
the whole purpose of the public hearing process was to get to a point where those plans could
be implemented, first running them by the public. He said the notice was made, and the
response was so overwhelming that it was apparent Council had to rethink its whole strategy.
Therefore, while Council said it was starting over again, it was, but it was doing so to take
into account residents' concerns (i.e. property values, schooling issues, etc.) in order to craft
something appropriate for 1999 along those same general guidelines. He said during Closed
Session, staff was admonished to handle the matter with as much apace as possible to
accommodate both residents' concerns and the City's long term planning goals.
Councilman Ferguson moved to, by Minute Motion, continue consideration of both Case
No. GPA 99-2 and the widening of Portola Avenue from the Whitewater Channel to Highway 111 to a
time uncertain to formulate a full range of alternatives. Motion was seconded by Mayor
Pro-Tempore Crites and carried by unanimous vote.
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C. REQUEST FOR APPROVAL OF THE SALE OF MOBILE HOME LOT NO. 44 LOCATED
AT 43-155 PORTOLA AVENUE (PORTOLA PALMS MOBILE HOME PARK) AT FAIR
MARKET VALUE (JOINT CONSIDERATION WITH THE PALM DESERT
REDEVELOPMENT AGENCY).
Ms. LaRocca reported that the subject sale was number 16 with 22 remaining.
Mayor/Chairman Spiegel declared the public hearing open and invited testimony FAVORING or
OPPOSING the subject sale. With no testimony offered, he declared the public hearing closed.
Mayor Pro-Tempore/Vice Chairman Crites moved to: 1) Waive further reading and adopt City
Council Resolution No. 99-94, authorizing the Palm Desert Redevelopment Agency to sell mobile home
lot number 44 (APN 622-351-044-1) located at 43-155 Portola Avenue (Portola Palms Mobile Home
Park) for $24,500, fair market value; 2) waive further reading and adopt Redevelopment Agency
Resolution No. 381, making and finding that sales price for the lot and mobile home not less than their
fair market value in accordance with the highest and best use under the Redevelopment Plan for Project
Area No. 1 Amended. Motion was seconded by Councilman/Member Ferguson and carried by
unanimous vote.
D. CONSIDERATION OF APPROVAL OF THE DISPOSITION AND DEVELOPMENT
AGREEMENT BETWEEN THE PALM DESERT REDEVELOPMENT AGENCY AND
CALIFORNIA STATE UNIVERSITY (JOINT CONSIDERATION WITH THE
PALM DESERT REDEVELOPMENT AGENCY).
Mr. Ortega stated that there was a report which determined, given the use and California State
University's (CSU) ability to fund the university, that the land would be transferred to it for
zero dollars. He said the land to be transferred consisted of 40 acres for CSU to build the
campus, currently housed on the College of the Desert campus and known as Cal State -
San Bernardino - Coachella Valley Center. Further, he said there was also agreement that the
City/Agency would retain control of the remaining 160 acres, agreeing not to utilize it for any
other purpose but some temporary uses as mutually agreed upon, for a period of 10 years.
He went on to say the agreement also provided for the creation of an advisory committee,
consisting of 11 members, five named by the City/Agency, five by CSU, and one named
jointly, that would review plans for the University and advise CSU on the property use.
In response to question, Mr. Ortega answered the property was located at the northeast corner
of the intersection of Frank Sinatra Drive and Cook Street; the total parcel consisted of just
over 200 acres.
Mayor/Chairman Spiegel declared the public hearing own and invited testimony FAVORING or
OPPOSING the subject Disposition and Development Agreement. With no testimony offered, he
declared the public hearing closed.
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Councilman/Member Ferguson commented that the aforementioned was the culmination of
some six and a half years of work, which he credited his colleagues for initiating prior to his
term on the City Council. He acknowledged Mr. Dick Oliphant in the audience; at the outset,
Mr. Oliphant had worked closely with Supervisor Roy Wilson, then member of the Palm
Desert City Council. Additionally, he recognized Mayor/Chairman Spiegel for accomplishing
a yeoman's task in bringing the matter to finality. He said the purpose of the effort with CSU
was twofold; first, it was to provide a four-year university for the Valley's own children so
that they didn't have to go elsewhere for higher education. He stated through the CSU
satellite campus on the initial 40 acres, there would be two years at College of the Desert and
two years at CSU. However, he said the ultimate goal, and the reason for reserving the land
for 10 years, was to work with the Chancellor and Board of Regents of the CSU system in
California to acquire a completely free-standing CSU-Palm Desert campus for full, four-year
university education for the Coachella Valley well into the future. He thanked
Mayor/Chairman Spiegel and Dr. Peter Wilson for all their efforts in this process. He hoped
that through successful fund raising efforts and financial assistance from the City/Agency,
ground could be broken in the near future for a wonderful new facility along Cook Street-- it
was a great day for the City of Palm Desert.
Councilmember/Member Benson concurred, noting all of the people who came to the
— community and said how great they felt it was, the one missing element was a four-year
university. She said that element would raise the economic level in many ways, bringing the
region's youth a university and a means to obtain a career with above -minimum -wage
compensation so that they could afford to make their home here.
Mayor Pro-Tempore/Vice Chairman Crites stated when this day was looked back upon
20 years from now, there would be shopping areas that would change and there would be a
variety of other economic factors that would change in the Valley, but the one thing that
traditionally didn't change and actually grew was higher education. Therefore, he believed
the City/Agency had done the single best thing for the community that it could have for the
next half century, making sure there would be a university here. He was certain Palm Desert
would be very proud to be the home, not only of College of the Desert, but of California State
University at Palm Desert.
Councilman/Member Kelly believed his colleagues had pretty much summed up the collective
feelings on the matter; they were all looking forward to the first building being built there.
Councilman/Member Ferguson moved to: 1) Waive further reading and adopt City Council
Resolution No. 99-95, approving conveyance to the Trustees of California State University of
approximately 40 acres of real property located at the northeast corner of Frank Sinatra Drive and
Cook Street; 2) waive further reading and adopt Redevelopment Agency Resolution No. 382, approving
conveyance to the Trustees of California State University of approximately 40 acres of real property
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located at the northeast corner of Frank Sinatra Drive and Cook Street. Motion was seconded by
Councilmember/Member Benson and carried by unanimous vote.
DR. PETER WILSON, Dean of the Coachella Valley Center, California State University -
San Bernardino, used a familiar saying, "all good things come to those who wait," adding his
own feeling, "and work hard at it." On behalf of the CSU System, he thanked City
Council/Agency Board members for the action just taken and for the benefit CSU would
realize by being able to meet the need for higher education in the Coachella Valley. He too
felt overwhelmed when contemplating the amount of benefit to be realized by the region for
many years, long after all present had gone onto other things. He noted that CSU-SB
President Karnig wanted to attend tonight's meeting; however, he was participating in his
son's wedding in Colorado. Further, he said that as a result of this action, the Disposition and
Development Agreement now went before the Board of Trustees for the State University
System. In anticipation of its approval tonight, he said the item had already been submitted
to the Board of Trustees for appearance on its November 16 agenda, time yet to be
determined. He said formal invitations would be extended to all Council/Agency Board
members, and he invited Mayor/Chairman Spiegel to say a few words to the Board at that
meeting. Additionally, he commented that the Chancellor would be visiting the Valley in the
near future, which was the first opportunity to introduce him to the Coachella Valley and Palm
Desert. Dr. Wilson felt it would be memorable for the Chancellor, noting he would also be
back in December. He reiterated his appreciation and that of the CSU System for the City of
Palm Desert and its Redevelopment Agency.
XVII. ADJOURNMENT
Upon a motion by Councilman Kelly, second by Mayor Pro-Tempore Crites, and unanimous vote
of the City Council, Mayor Spiegel adjourned the meeting at 7:49 p.m.
SHEILA R`-61LLIGAN, CLERK
CITY OF PALM DESER . ALIFORNIA
.4-4,494-&
ROBERT A. SPIEAL, W YiR
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