HomeMy WebLinkAbout2000-04-13MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, APRIL 13, 2000
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I. CALL TO ORDER
Mayor Crites convened the meeting at 4:05 p.m.
H. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore Jim Ferguson
IR. INVOCATION - Councilman Richard S. Kelly
IV. ROLL CALL
Present:
Councilmember Jean M. Benson
Mayor Pro-Tempore Jim Ferguson
Councilman Richard S. Kelly
Councilman Robert A. Spiegel
Mayor Buford A. Crites
Also Present:
Ramon A. Diaz, City Manager
David J. Erwin, City Attorney
Sheila R. Gilligan, Acting Assistant City Manager
Rachelle D. Klassen, Acting City Clerk
Richard J. Folkers, ACM/Director of Public Works
Carlos L. Ortega, RDA Executive Director
Gary Bitterman, Director of Building & Safety
Phil Drell, Director of Community Development
Paul S. Gibson, Director of Finance/City Treasurer
V. ORAL COMMUNICATIONS - A
MS. JANA KOROCZYNSKY, 73-570 Woodward Drive, Palm Desert, in back of the Kaufmann
& Broad Development, addressed the Council relative to the sand and dust problem caused by the
Marriott project off Monterey Avenue between Gerald Ford and Frank Sinatra. She said it was
causing health problems for her and her husband. She said her husband has a respiratory condition
and had to seek medical treatment because of the inordinate amount of sand and dust from the
project. She said they had attended the meetings when Marriott was seeking approval of the project
and were made to understand at that time that they were going to do everything humanly possible
to keep the blowsand from being a problem. She also expressed concern with the slippery surfaces
both inside and outside their home, and they had not been able to use their pool for therapy due to
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the blowing sand. There was also a lot of property damage, both inside and outside their home.
She asked that the Council help get the Marriott people to recognize that they are contributing to
the problem. In addition, she asked that the Council encourage Marriott to pay any extraordinary
expenses incurred by the residents to help clean up the neighborhood.
Mayor Crites asked Mrs. Koroczynsky to make sure the City Clerk had her telephone number so
that the City Manager could call the following day and meet with residents on this matter to make
sure the City is doing everything it legally has the power to do.
MR. BILL MEYERS, business owner in Palm Desert and President of the Palm Desert/La Quinta
Youth Football League, expressed concern with the lack of practice fields available in Palm Desert
and La Quinta. He said he had spoken with Councilman Kelly several months ago, who
recommended he speak to Parks & Recreation. He said he had done so, and he was hopeful an
agreement could be reached with the Desert Sands Unified School District, the City of La Quinta,
and the City of Palm Desert to perhaps provide lighting in some already developed school yards to
increase the athletic fields in both Palm Desert and La Quinta. He said this would address the lack
of athletic fields in both communities. He said the City of La Quinta was open to the suggestion
of contributing to the cost of lighting the field at La Quinta Middle School, and he hoped the City
of Palm Desert would also be able to do something. He added that this would not just be for
football but would also help with other youth sports. He asked if the City of Palm Desert would
be willing to work with the City of La Quinta and the Desert Sands Unified School District on this
matter.
Councilman Spiegel stated that the Parks & Recreation Commission was looking at this request, and
he expected the Commission to come back within the next month or so with a recommendation to
the Council one way or the other.
Mayor Crites noted that the City of Palm Desert had made millions of dollars in contributions to
facilities for youth sports, including softball fields, soccer fields, baseball facilities, and joint -use
facilities. He said he felt there were other communities in the Valley who the City of Palm Desert
would appreciate stepping up to a somewhat equal level in terms of youth sports.
MR. FRANK JOHNSON, resident in the Kaufmann & Broad Development on Woodward Drive,
expressed appreciation to the City of Palm Desert and the Marriott Corporation for their efforts in
moving the nine -foot sand dune that was exerting pressure on the development's brick wall. He
expressed concern with the blowing sand and said he did not feel there was enough time spent in
watering down the project. He asked that representatives of the City come out to the development
when the wind is blowing so they can see the problems that are caused. He said he would also like
to see something done with helping with the costs of cleaning the residents' pools. He said when
the City helped in the removal of the sand dune, he thought there was going to be a commitment
from someone to make the surface of that dune hardened or sturdy; however, that had not been
done, and as the wind blows, that sand is being moved from the dune to the residences.
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Mr. Diaz stated that he would visit the area the following day. He said it was his understanding that
AQMD had been speaking with the Marriott Corporation about this problem, and the City had also
spoken with representatives of the Marriott. He added that he would report back to the Council
relative to the problems and suggested mitigation measures.
Mayor Crites stated that he would call a designated member of the resident group on Monday to
discuss what the City, the AQMD, and the Marriott Corporation will do in terms of problem
solving.
The following individuals also spoke regarding the blowing sand problems from the Marriott
project:
MS. EVE BLACKMORE, 37-952 Driscoll.
MR. RANDY VORSTER, 37-680 Colebridge Street, reminded the Council that there were
numerous promises made by Marriott in being a good neighbor, and this was one area they had
fallen very short of.
MS. VICKI MARQUARDT, 73-521 Heatherwood, said the Marriott representatives had told her
they would send people to the residents' homes to clean up the outsides of their houses. She said
this was fine, but what about the insides of the homes? She said she was told they did not have
anything to do with the insides of the homes.
MR. BARRY LORIE, 37-981 Drexel Drive, asked if there was any way the City could make the
Marriott pay for these damages. He asked if anyone had ever gotten a settlement from any
developer for property damages.
Mayor Crites suggested that Mr. Lorie go to the Desert Sun and look at back issues of the
newspaper to see how similar issues had been handled in Cathedral City and other cities.
MR. TAMES KELLER, 37-819 Colebridge.
MS. ELIZABETH LINDSTROM, 73-520 Woodward.
With Council concurrence, Mayor Crites recessed the meeting at 4:33 p.m. He reconvened the
meeting at 4:39 p.m.
VI. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of March 23, 2000.
Rec: Approve as presented.
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B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 44, 45, 46,
44PD Office Complex, and 46PD Office Complex.
Rec: Approve as presented.
C-1. CLAIM AGAINST THE CITY (#406) by Elizabeth Cousins/Allstate Insurance in the Amount
of $4,204.20.
Rec: By Minute Motion, reject the claim and direct the City Clerk to so notify the
Claimant.
C-2. CLAIM AGAINST THE CITY (#4071 by Desert Falls Country Club in an Unspecified
Amount.
Rec: By Minute Motion, reject the claim and direct the City Clerk to so notify the
Claimant.
D. CITY INVESTMENT PORTFOLIO MASTER SUMMARY for the Month Ending
February 29, 2000.
Rec: Receive and file.
E. MINUTES of City Committees and Commissions.
1. Citizens' Advisory Committee for Project Area No. 4 Meeting of February 28, 2000.
2. Investment & Finance Committee Meeting of February 23, 2000.
Rec: Receive and file.
F. RESOLUTION NO. 00-37 - 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 Public Works that Have Been Microfilmed.
Rec: Waive further reading and adopt.
G. REOUEST FOR AUTHORIZATION to Dispose Expired Business License Vehicle and Golf
Cart Tags .
Rec: By Minute Motion, authorize disposal of the subject expired tags, as follows:
1) Vehicle tags for 1998 and 1999; 2) golf cart tags for 1997-1999, 1998-2000, and
1999-2001.
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H. REOUEST FOR APPROPRIATION of Funds Relative to Approval of St. Margaret's School
Request for Funding of "Odyssey of the Mind" Team's Travel to State Competition.
Rec: By Minute Motion, appropriate $2,000 from the Unobligated General Fund to
Account No. 110-4800-454-3880 to cover the subject request for funding approval
granted at the Regular City Council Meeting of March 23, 2000.
I. REOUEST FOR APPROVAL of Engineer's Report and Proceedings Relative to the
Consolidated Palm Desert Landscape and Lighting Maintenance District for
Fiscal Year 2000/01.
Rec: 1) Waive further reading and adopt Resolution No. 00-38, to initiate proceedings
for the annual levy of assessments, FY 2000/01.
2) Waive further reading and adopt Resolution No. 00-39, declaring intention to
levy annual assessments, FY 2000/01.
3) Waive further reading and adopt Resolution No. 00-40, approving the
preliminary engineer's report and assessment levy, FY 2000/01.
J. REOUEST FOR APPROVAL of Contracts with Southern California Edison for Design and
Engineering for Phases I, II, and III of the Highway 74 Utility Underground Conversion.
Rec: By Minute Motion:
1) Approve the subject project in the following phases: a) Phase I, west side of
Highway 74 from Cahuilla Way north to Sommerset Drive (Contract
No. C17520-A); b) Phase II, west side of Highway 74 from Desert Flower
north to Willow Drive (Contract No. C17520-B); 3) Phase III, west side of
Highway 74 from Shadow Mountain north to El Paseo (Contract
No. C17520-C).
2) Authorize the Director of Finance to appropriate $22,000 from Unappropriated
General Fund Reserves for the subject project.
K-1. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Highway 111 and
Highway 74 Intersection Improvements (Project No. 626).
Rec: By Minute Motion: 1) Authorize the City Clerk to advertise and call for bids for the
subject intersection improvements (Contract No. C17530); 2) authorize staff to
purchase the traffic signal controller assembly, poles and mast arms, for the subject
project in an amount not to exceed $50,000 -- funds for the project are available in
Account No. 213-4387-433-4001.
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K-2. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Portola Avenue
and Highway 111 Intersection Improvements (Project No. 653).
Rec: By Minute Motion: 1) Authorize the City Clerk to advertise and call for bids for the
subject intersection improvements (Contract No. C17540); 2) authorize staff to
purchase the traffic signal controller assembly, poles and mast arms, for the subject
project in an amount not to exceed $50,000 -- funds for the project are available in
Account No. 213-4365-433-4001.
K-3. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for the 2000 Curb,
Gutter, and Cross Gutter Repair Program (Contract No. C 17550, Project No. 753-00).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the
subject project.
K-4. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for the 2000
Drywell/Inlet Program (Contract No. C17560, Project No.. 500-00).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the
subject project.
K-5. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for the 2000 Overlay
Program (Contract No. C17570. Project No. 752-00).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the
subject project.
K-6. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for the 2000 Slurry Seal
Resurfacing Program (Contract No. C17580, Project No. 751-00).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the
subject project.
L. REOUEST FOR AUTHORIZATION to Purchase Traffic Signal Equipment for the
Realignment of Cook Street and Green Way/42nd Avenue (Project No. 641).
Rec: By Minute Motion, authorize staff to purchase the subject equipment, poles and
mast arms, for the subject project in an amount not to exceed $50,000 -- funds for
this project are available in Account No. 213-4385-433-4001.
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M. REOUEST FOR APPROVAL of Amendment No. 1 to the Contract for the Palm Desert Civic
Center Amphitheater Upgrade Design.
Rec: By Minute Motion: 1) Approve the subject contract amendment (Contract
No. C14641) with Interactive Design Corporation, Palm Springs, California, and
authorize the Mayor to execute same; 2) appropriate $37,500 from Parks and
Recreation Fund (No. 430) for said amendment.
N. REOUEST FOR APPROVAL of Change Order No. 1 to Contract No. C15780 for the Annual
Curb, Gutter, and Cross Gutter Repair Program.
Rec: By Minute Motion: 1) Approve Change Order No. 1 to the subject contract with
Contreras Construction, Indio, California, in the amount of $13,457 and authorize
the Mayor to execute same; 2) authorize the transfer of $13,457 from contingency
to base contract amount.
0-1. REOUEST FOR ACCEPTANCE OF WORK for Contract No. C14230 — Desert Willow
Clubhouse (Douglas E. Barnhart, Inc.).
Removed for separate discussion under Section VII, Consent Items Held Over, of the Agenda.
Please see that portion of the Minutes for Council discussion and action.
0-2. REOUEST FOR ACCEPTANCE OF WORK for Contract No. C15760 — 1999 Drywell/Inlet
Program (Project No. 500-99) (Dateland Construction Company, Inc.).
Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file
a Notice of Completion for the subject project.
P. REOUEST FOR APPROVAL of Final Tract Map 27520-5 (Bighorn Development,
Applicant) .
Q.
Rec: Waive further reading and adopt Resolution No. 00-41, approving the final
subdivision map of Tract No. 27520-5.
REOUEST FOR AUTHORIZATION to Release Improvement Security for Tract 27882-1
(The Avondale Corporation, Applicant).
Rec: By Minute Motion, accept the subdivision improvements as complete and authorize
the City Clerk to release the subject improvement securities.
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R. REOUEST FOR APPROVAL of the Use of Oil Grant Funding (SB1066 and AB939).
Rec: By Minute Motion, approve the request and direct staff to work as part of CVAG's
Valley -wide program.
S. REOUEST FOR APPROVAL of Outside Agency Funding for Fiscal Year 2000/01.
Rec: By Minute Motion, concur with the recommendation of the Outside Agency Funding
Committee and approve funding of the specified agencies named in the
accompanying report ($485,080 for FY 2000/01).
T. REOUEST FOR APPROVAL of Lease Agreement with Jewish Family Service of Palm
Springs and the Desert Area for Office Space at the Portola Community Center (Contract No.
C17590).
Rec: By Minute Motion, authorize the Mayor to execute the subject one-year lease
agreement for 420 square feet of office space.
U. INFORMATION Relative to "Safe Routes to School" Program.
Rec: Receive and file.
V. REOUEST FOR WAIVER OF FEES Associated with Palm Desert High School's Year 2000
Academic Awards Ceremony.
Rec: By Minute Motion, approve the request for the subject event to be held at the Palm
Desert Civic Center Amphitheater on Wednesday, April 26, 2000.
W. REOUEST FOR SUPPORT of Desert Sands Unified School District's "School To Careers"
Program.
Rec: By Minute Motion, support the subject program.
Mayor Pro-Tem Ferguson asked that Item 0-1 be removed for separate discussion under
Section VII, Consent Items Held Over, of the Agenda. Mayor Crites asked that the record reflect
his abstention on Item S, as one of the contributions impacts where he works.
Upon motion by Spiegel, second by Ferguson, the remainder of the Consent Calendar was approved
as presented by unanimous vote, with Mayor Crites ABSTAINING on Item S.
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VII. CONSENT ITEMS HELD OVER
0-1. REOUEST FOR ACCEPTANCE OF WORK for Contract No. C14230 — Desert Willow
Clubhouse (Douglas E. Barnhart, Inc.).
Mayor Pro-Tem Ferguson stated that anyone attending the luncheon the previous day was
probably wondering where the other half of the parking lot is. He said a meeting had been
held that morning, and he asked the City Manager to provide an update of the parking
situation at the clubhouse.
Mr. Diaz asked Mr. Folkers to report on what is being done at this project.
Mr. Folkers stated that there were crews working on this project now. Approximately three
acres of parking would be provided, with over 200 spaces, and the crews would be working
from early in the morning until late in the evening to try and get the temporary parking facility
done, hopefully by Monday.
Mr. Diaz stated that in terms of the future, in speaking with Manager Gregg Lindquist, they
had submitted their applications for valet parking and were looking at prohibiting parking in
certain areas. Staff would also be coming back to the Council with recommendations for a
long-range parking management plan to solve the parking situation both short- and long-term.
Councilman Kelly stated that he and Mayor Pro-Tem Ferguson had met that afternoon with
the Manager, and he felt when the 200 parking spaces are in, they will not have anyone
parking on the circle.
Councilman Spiegel asked if some no -parking signs could be placed on that circle.
Mayor Pro-Tem Ferguson stated that Mr. Lindquist had advised him today that as of tomorrow
morning there would be no cars parked on the spine road whatsoever, nor on the circle. He
said if it was necessary to install no -parking signs to keep people from parking in those areas,
that would be done as well, but in a manner that would look nice.
Mr. Diaz stated that staff was trying to resolve the parking problem through design rather than
signing, and signing would be the last resort.
Mayor Pro-Tem 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. Motion was seconded by Benson
and carried by unanimous vote.
VIII. RESOLUTIONS
None
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IX. ORDINANCES
For Introduction:
A. ORDINANCE NO. 939 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, ADDING SECTION 15.04.160, BUILDING ADDRESS
REQUIREMENTS, TO THE PALM DESERT MUNICIPAL CODE.
Mr. Diaz stated that this would add to the Municipal Code an item that was inadvertently taken
out.
Councilman Spiegel moved to waive further reading and pass Ordinance No. 939 to second reading.
Motion was seconded by Ferguson and carried by unanimous vote.
B. ORDINANCE NO. 940 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING CHAPTER 3.28, SECTION 3.28.040,
PERTAINING TO EXEMPTIONS RELATING TO THE TRANSIENT OCCUPANCY TAX.
Mr. Diaz stated that this ordinance would clarify instances when transient occupancy tax will
and will not be assessed.
Councilman Kelly moved to waive further reading and pass Ordinance No. 940 to second reading.
Motion was seconded by Spiegel and carried by unanimous vote.
For Adoption:
None
X. NEW BUSINESS
A. REOUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION MANAGEMENT OF
VARIOUS CAPITAL IMPROVEMENT PROJECTS (CONTRACT NO. C 176001.
Mr. Diaz noted the report in the packets and stated that Mr. Folkers was available to answer
any questions.
Councilman Spiegel moved to, by Minute Motion, award the subject contract to Leath's
Management Consulting, Palm Desert, California, for the construction management of various capital
improvement projects in the amount of $60,000 and authorize the Mayor to execute same -- funds for this
project are available in Account No. 110-4300-413-3010. Motion was seconded by Kelly and carried by
unanimous vote.
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B. REOUEST FOR AUTHORIZATION TO SOLICIT STATEMENTS OF QUALIFICATION
FOR CONSULTANT SERVICES FOR GENERAL PLAN UPDATE (CONTRACT
NO. C17610).
Mr. Diaz stated that this was the first step in the planning updating program. He stated that
Mr. Drell was available to answer any questions.
Councilman Spiegel moved to, by Minute Motion: 1) Authorize staff to solicit the subject Statements
of Qualification for planning consultant services in connection with a General Plan update; 2) create a
subcommittee of two Councilmembers, one Planning Commissioner, and the Director of Community
Development to interview and select the consultant. Motion was seconded by Kelly and carried by
unanimous vote.
Mayor Pro-Tem Ferguson asked who the two Councilmembers would be for this
subcommittee. He volunteered to serve in this capacity.
Councilmember Benson also volunteered to serve on this subcommittee.
With Council concurrence, Mayor Pro-Tem Ferguson and Councilmember Benson were appointed
as the Council representatives for this subcommittee, with the Planning Commission to select its
representative.
C. REOUEST FOR APPROVAL OF CLASS I PEDESTRIAN/BICYCLE PATH DESIGN AND
COST ESTIMATE FOR THE SOUTH SIDE OF MAGNESIA FALLS DRIVE BETWEEN
MONTEREY AVENUE AND SAN PABLO AVENUE.
Mr. Diaz noted the report in the packets and stated that Mr. Drell and Mr. Winklepleck were
available to answer any questions.
Councilman Kelly moved to, by Minute Motion: 1) Approve the subject Class I Pedestrian/Bicycle
Path design and cost estimate; 2) authorize the City Clerk to advertise and solicit bids for construction
of the subject project (Contract No. C17620). Motion was seconded by Spiegel and carried by unanimous
vote.
D. CONSIDERATION OF OVER-THE-COUNTER SIGNAGE APPROVAL.
Mr. Diaz stated that this
over-the-counter approvals.
might have.
Mayor Pro-Tem Ferguson
over-the-counter approvals,
was clarification of the current policy in terms of having
He stated that Mr. Drell could answer any questions the Council
asked if staff was still exercising its discretion in allowing
and Mr. Drell responded that this was being done.
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Councilman Kelly moved to, by Minute Motion, approve the process staff is currently using for such
signage approval. Motion was seconded by Ferguson and carried by unanimous vote.
E. REOUEST FOR APPROVAL OF CONTRACT WITH BANK OF NEW YORK AS
SUCCESSOR TRUSTEE (CONTRACT NO. C17630).
Mr. Diaz noted the staff report in the packets and stated that Mr. Gibson was available to
answer any questions.
Upon question by Councilman Spiegel relative to the term of this contract, Mr. Gibson
responded that staff was proposing a five-year contract, with possible extensions afterwards
with Council approval. He added that there was a clause included in the contract that it could
be cancelled due to negligence on the part of the contractor.
Councilman Spiegel moved to, by Minute Motion, authorize the City Treasurer to enter into a
contract with the Bank of New York for the provision of successor trust services to the City of Palm
Desert and to the Palm Desert Redevelopment Agency, pending review of all contract documents by the
City Attorney. Motion was seconded by Benson.
Upon question by Councilman Kelly, Mr. Gibson responded that the nearest office was in Los
Angeles. He said the current contractor used by the City used to have an office in Los
Angeles, and problems began when they moved their processing back to Minnesota. He added
that this contractor had lost approximately 50 accounts in the last year due to these problems.
Mayor Crites called for the vote, and the motion carried by unanimous vote.
F. CONSIDERATION OF REORGANIZATION OF THE CITY'S PUBLIC
RELATIONS/ADVERTISING ACTIVITIES.
Mr. Diaz noted the report in the packets and stated that Mrs. Gilligan was available to answer
any questions.
Mrs. Gilligan stated that per Council direction, every three years the Promotion Committee
solicits RFPs for public relations/advertising activities. This year the Committee looked at the
amount of money being spent for agency fees, commissions, and mark-ups, which is a
considerable amount, increases each year, and takes up a considerable amount of the budget.
She said the Committee was recommending that the position for public relations be brought
in-house, with a contract advertising coordinator. She said the contract would not include any
mark-ups or commissions, and this would mean significant savings. She added that the
Committee voted 8-1 to send this recommendation to the Council.
Mayor Pro-Tem Ferguson asked how much the estimated savings would be.
Ar
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Mrs. Gilligan stated that the City was paying approximately $165,000 per year in mark-ups
and commissions for the advertising, news bureau, and newsletter contract. She said the full-
time position of Public Relations Coordinator was estimated to be between $55,000 and
$65,000 per year; the contract for the Advertising Coordinator was estimated to be
approximately $48,000 per year.
Councilman Spiegel stated that advertising of events was falling through the cracks, and
having someone in-house made a lot of sense.
Councilmember Benson stated that as a member of the committee that reviewed this matter,
the bottom -line savings was not as important as getting events publicized.
Councilman Spiegel moved to, by Minute Motion, approve staff's recommendation as outlined in
the staff report dated April 13, 2000, and direct staff to begin implementation of same for Fiscal Year
2000/2001. Motion was seconded by Benson and carried by unanimous vote.
NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED
72 HOURS PRIOR TO THIS MEETING.
G. CONSIDERATION OF A RECOMMENDATION FROM THE GOLF COURSE
COMMITTEE PERTAINING TO A CITY AGREEMENT WITH KEMPER SPORTS
MANAGEMENT RELATIVE TO INSTRUCTIONAL SERVICES (CONTRACT
NO. C17640).
Councilman Kelly stated that the Golf Course Committee's recommendation was to pursue
more of a "Parks & Recreation" type of operation to serve youth, children, and seniors and
put in a golf learning center.
Councilman Kelly moved to, by Minute Motion, approve the Golf Course Committee's
recommendation to pursue more of a "Parks & Recreation" approach to instructional services for youth,
seniors, etc., at Desert Willow Golf Resort and an agreement with Kemper Sports Management for same.
Motion was seconded by Ferguson and carried by unanimous vote.
XI. CONTINUED BUSINESS
A. REOUEST FOR APPROVAL OF SANTA ROSA MOUNTAINS VISITOR
CENTER/BUREAU OF LAND MANAGEMENT KIOSK (Continued from the meeting of
March 23, 2000).
Mayor Crites noted that the staff report recommended continuance to the meeting of April 27,
2000, and he asked that the Council continue this matter to the meeting of May 25, 2000.
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Mayor Pro-Tem Ferguson moved to continue this matter to the meeting of May 25, 2000. Motion
was seconded by Spiegel and carried by unanimous vote.
XII. OLD BUSINESS
A. CONSIDERATION OF MAGNESIA FALLS DRIVE BRIDGE AND EXTENSION
(PROJECT NO. 648-99).
Mr. Folkers reviewed the staff report, noting that this particular project had been in and out
of the Capital Improvements Program over the years and was now back in again. He said this
may have caused some confusion, and he extended his apology. He said staff had looked at
this project for this year's budget and felt it was something that would be helpful for the City
and its residents, particularly those people coming to the Civic Center or College of the
Desert. He said this would extend Magnesia Falls and put a bridge at San Pascual. He noted
there were currently approximately 3,000 cars per day on Magnesia Falls, and it was
anticipated it could increase by approximately 3,000 cars, with 4,500 additional cars as the
worst case scenario. This meant that the portion between Portola Avenue and Monterey
Avenue could be handling as much as 7,500 cars per day, and this was not excessive for the
type of street and design that staff had in mind. He noted that Mr. Lee Meiner wrote a letter
to the City (attached hereto and made a part hereof as Exhibit "A") expressing several
concerns, including noise. He said along the north side of Magnesia Falls Drive, the houses
were about 85 feet from the back of curb, whereas further east it was quite a bit closer, and
that was a concern to be addressed. He said staff would like to use equipment from the Code
Compliance Department and take sound readings in that area. He added that staff would
continue to have dialog with the neighboring residents and would try to address each of the
concerns. He said staff's recommendation at this point was that the Council open this matter
for public comment and proceed from there.
Mayor Crites clarified that what staff was asking was that the Council set a date for a public
hearing and approve a consulting contract for street, bridge, and traffic signal design
modifications, and there was no approval of a project at this point. Mr. Folkers agreed.
Councilmember Benson said she was still concerned about allocating the money for design
before knowing whether or not it is going to be built. She said she felt there were more
problems on the other side of Portola by the schools that have not been addressed. She said
she felt doing this would create more problems than are there now.
Mayor Pro-Tem Ferguson agreed with Councilmember Benson relative to spending money for
design without knowing if the project is going to be built. He asked if the City would lose
money if, at the public hearing, the Council decides not to go forward with the project.
Mr. Folkers responded that this was actually going to be design and feasibility study.
14
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2000
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Mayor Pro-Tem Ferguson stated that the consultant could actually help to find the very
information that would be germane to the public hearing but not do work necessarily that goes
toward the construction of a bridge in the event the Council decides not to build one.
Mr. Folkers stated that the contract could be modified to have it be feasibility, and if the
Council then decides to proceed with the design, that could be done at a later time.
Councilman Kelly said he felt it would be good for people who attend the public hearing to
see the different types of mitigation measures as well as the design of the road. This would
allow the best possible input from the residents. He said he felt it was necessary to spend
some money to look at the feasibility of the proposed project.
Mayor Pro -Tern Ferguson stated that the Council was not making a decision at this time
relative to building the bridge and that it would be considered at a public hearing. He said
whether or not he favored the building of a bridge would depend in large part on the feasibility
analysis that this company is going to do.
Mr. Folkers stated that the original program was approximately 90% design and 10%
feasibility.
Mayor Pro-Tem Ferguson stated he felt only the 10% feasibility should be done until the
Council decides whether or not the 90 % design will be necessary.
Councilmember Benson agreed with spending money on the design of the fence to mitigate
noise problems but not designing the bridge itself.
Councilman Spiegel suggested that the feasibility study go further than what staff is
recommending and that it also look at concerns of Councilmember Benson, particularly as it
involves the neighboring schools. He said he felt this should be done prior to the matter being
brought back to the Council. He agreed with Mayor Pro-Tem Ferguson that it does not make
sense to spend $200,000 on design if the bridge is not going to be built.
Mayor Pro-Tem Ferguson stated he would like to look at all the mitigation measures before
deciding on building the bridge, and these measures should be shared with the residents at a
public hearing.
Mayor Crites stated that he had consistently voted against this Public Works project but would
be comfortable voting for something that would only investigate feasibility and mitigation
measures, as long as the City is not spending anything on design at this point in time.
Councilman Spiegel stated he wanted to be sure the Council did not make any decisions during
the summer when the majority of people are not here.
15
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2000
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Mayor Crites invited comments from the audience.
MS. TRICIA MONROE, resident of Portola Palms, said she felt the later the public hearing
is held, the better.
MS. SCHLOSSBERG, 205 Grand Via, Monterey Country Club, suggested that the public
hearing be held in November. She also questioned the dire necessity of increasing the
accessibility of Magnesia Falls Drive to Monterey Avenue and felt it had not been adequately
explained. In addition, the objections of the residents had not been properly addressed. She
said this is primarily a residential area, and to deliberately introduce increased traffic, noise,
pollution, and lights to the detriment of the residents was unconscionable. She said there was
no question that property values would decrease. She added that the residents in the over
1,200 units at Monterey Country Club felt they were continually under siege, already assaulted
by the lights and noise from the ball park, and now by this proposal. She said what was
particular disturbing was the inference that the Magnesia Falls extension was already a done
deal, and she felt the project would essentially destroy a prime residential area and create a
large block of unhappy voters.
MS. CORY SMITH, 43-300 Rutledge Way, agreed with Ms. Schlossberg and did not see the
need for the street to be opened. She said another issue that had not been resolved yet was
with the School District and what they are going to do with the area across the street.
MR. DON THOMPSON, 43-845 Portola Avenue, spoke in favor of the street extension,
noting that it would reduce the travel time and distance for people attending College of the
Desert and would alleviate a lot of the traffic problems.
MR. DON ASTEN, Zircon Circle, Palm Desert, said he realized the advantage that the
extension of Magnesia Falls would be to many people in the area, especially the large number
of people who attend College of the Desert. He disagreed that the extension would make
Magnesia Falls a thoroughfare and felt the majority of people would be turning onto San Pablo
to get to College of the Desert, City Hall, the Coachella Valley Parks & Recreation District,
the YMCA, the dog park, the skateboard park, and the Civic Center Park. All of these
facilities would be enhanced because people from the northeast side of Palm Desert would
have a much easier way to get there. As far as when the public hearing should be held, he felt
the sooner the better. He added that for every person against this project, there were a
hundred in favor.
MR. JIM LOCKINGTON, resident on Castellana, agreed that the project was going to impact
some residents. He noted that he had taken this issue to the Board in his development. He
said they were shocked because they had already met with the City, and they had come away
with the understanding that this was a "done deal." He asked that the Council consider the
impact of this project on surrounding residents.
16
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2000
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
MS. IRENE BORELLI, 74-479 Buttonwood, corner of Deep Canyon and Buttonwood, stated
this area bears the brunt of three schools, and the traffic is horrendous already without adding
three to four thousand cars per day. She expressed concern with the safety of children
crossing the street.
MR. DANIEL BARNES, 41-613 Aventine Court, the Casa Blanca development at the comer
of Portola and Hovley Lane West, said he was very familiar with traffic and traffic patterns
in this area. He said the traffic on Portola Avenue was not going to get any better, especially
with the increased development in Section 4, with hotels, golf courses, the Marriott project,
etc. He said he felt the extension of Magnesia Falls was very important to get people into the
College of the Desert, Civic Center, and the park. He said he was serving on the City's Parks
& Recreation Commission during the time of controversy with the residents of Monterey
Country Club relative to the ballfields, and everything possible was done to address their
concerns. He said he did not think there would be that much noise or that much of an upset
in the traffic. Putting the bridge in would create another diversion to go down San Pablo to
Highway 111, and this would alleviate traffic on Portola Avenue. He added that he did not
see any reason why a public meeting could not be held before residents leave the Valley for
the summer.
MS. JO ORR, Property Manager at Palm Desert Mobile Estates, Portola and Magnesia Falls
Drive, spoke in favor of this project and said she felt it would do nothing but enhance the
community. She felt the bridge would alleviate some of the traffic problems.
Councilman Spiegel said he would like to know how much would be spent on the feasibility
study before voting on it. He suggested continuing this item until the next meeting.
Mayor Pro-Tem Ferguson asked how long it would take for the feasibility portion as opposed
to the design
Mr. Folkers responded that it would take at least two meetings to get all of the information
back to the Council as far as cost and time frame. He said with all of the questions that had
been raised, he would suggest that the matter be continued to the first meeting in May, and
staff could have all of the information at that time.
Mayor Pro-Tem Ferguson stated he was interested in knowing how long before the actual
feasibility work could be completed.
Mr. Folkers stated that it would be at least three months.
Mayor Pro-Tem Ferguson moved to, by Minute Motion: 1) Schedule the public hearing on this
matter for the meeting of November 9, 2000; 2) continue consideration of the agreement to the meeting
of May 11, 2000, with direction to restructure its scope to feasibility and mitigation issues only for the
subject project. Motion was seconded by Spiegel and carried by unanimous vote.
17
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2000
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
XIII. REPORTS AND REMARKS
A. INFORMATIONAL ITEMS:
1. Progress Report on Retail Center Vacancies
Ms. Ruth Ann Moore, Business Support Manager, noted her report in the packets
and offered to answer any questions.
B. CITY MANAGER
None
C. CITY ATTORNEY
Mr. Erwin noted the items listed on the Agenda for Closed Session.
1) Request for Closed Session:
Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: Portion of Assessor's Parcel Nos. 625-061-022 and 625-061-024
Negotiating Parties:
Agency: Ramon A. Diaz/City of Palm Desert
Property Owner: Coachella Valley Water District
Under Negotiation: x Price x Terms of Payment
2) Property: 74-320 Fred Waring Drive, Palm Desert, CA
APN 624-221-005
Negotiating Parties:
Agency: Carlos L. Ortega/Palm Desert Redevelopment Agency
Property Owner: Robert L. and Colleen C. McKay
Under Negotiation: x Price x Terms of Payment
3) Property: 74-052 Fred Waring Drive, Palm Desert, CA
APN 624-200-003
Negotiating Parties:
Agency: Carlos L. Ortega/Palm Desert Redevelopment Agency
Property Owner: Cory V. and Michelle K. Barbeau
Under Negotiation: x Price x Terms of Payment
18
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2000
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
4) Property: 74-072 Fred Waring Drive, Palm Desert, CA
APN 624-200-004
Negotiating Parties:
Agency: Carlos L. Ortega/Palm Desert Redevelopment Agency
Property Owner: Richard N. and Melody D. Fuller
Under Negotiation: x Price x Terms of Payment
5) Property: 74-206 Fred Waring Drive, Palm Desert, CA
APN 624-201-009
Negotiating Parties:
Agency: Carlos L. Ortega/Palm Desert Redevelopment Agency
Property Owner: Michael T./Judith A. Mandic
Under Negotiation: x Price x Terms of Payment
6) Property: 74-082 Fred Waring Drive, Palm Desert, CA
APN 624-200-005
Negotiating Parties:
Agency: Carlos L. Ortega/Palm Desert Redevelopment Agency
Property owner: Cloyce P. Mann
Under Negotiation: x Price x Terms of Payment
7) Property: 73-920 Fred Waring Drive, Palm Desert, CA
APN 622-200-007
Negotiating Parties:
Agency: Carlos L. Ortega/Palm Desert Redevelopment Agency
Property Owner: Danilo Sipovac
Under Negotiation: x Price x Terms of Payment
8) Property: 73-880 Fred Waring Drive, Palm Desert, CA
APN 622-200-009
Negotiating Parties:
Agency: Carlos L. Ortega/Palm Desert Redevelopment Agency
Property Owner: John & Luann Neufeld & Thomas B. Weems
Under Negotiation: x Price x Terms of Payment
9) Property: 73-860 Fred Waring Drive, Palm Desert, CA
APN 622-200-010
Negotiating Parties:
Agency: Carlos L. Ortega/Palm Desert Redevelopment Agency
Property Owner: James V. & Laura Kenley
Under Negotiation: x Price x Terms of Payment
19
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2000
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
10) Property: 73-830 Fred Waring Drive, Palm Desert, CA
APN 622-200-013
Negotiating Parties:
Agency: Carlos L. Ortega/Palm Desert Redevelopment Agency
Property Owner: Hugo Villeda
Under Negotiation: x Price x Terms of Payment
11) Property: 73-820 Fred Waring Drive, Palm Desert, CA
APN 622-200-014
Negotiating Parties:
Agency: Carlos L. Ortega/Palm Desert Redevelopment Agency
Property Owner: Francisco Y. Fong & Ramona Manjarrez
Under Negotiation: x Price x Terms of Payment
12) Property: 74-038 Fred Waring Drive, Palm Desert, CA
APN 624-200-002
Negotiating Parties:
Agency: Carlos L. Ortega/Palm Desert Redevelopment Agency
Property Owner: Alberto A. & Consuelo Loza
Under Negotiation: x Price x Terms of Payment
13) Property: 74-096 Fred Waring Drive, Palm Desert, CA
APN 624-200-006
Negotiating Parties:
Agency: Carlos L. Ortega/Palm Desert Redevelopment Agency
Property Owner: Sotello C. Leyva and Carlos A. & Lidia Leyva
Under Negotiation: x Price x Terms of Payment
14) Property: 74-110 Fred Waring Drive, Palm Desert, CA
APN 624-200-007
Negotiating Parties:
Agency: Carlos L. Ortega/Palm Desert Redevelopment Agency
Property Owner: Kevin E. & Marguerite Olson
Under Negotiation: x Price x Terms of Payment
15) Property: 74-130 Fred Waring Drive, Palm Desert, CA
APN 624-201-001
Negotiating Parties:
Agency: Carlos L. Ortega/Palm Desert Redevelopment Agency
Property Owner: East Valley Properties, Inc.
Under Negotiation: x Price x Terms of Payment
20
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2000
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
16) Property: 74-138 Fred Waring Drive, Palm Desert, CA
APN 624-201-002
Negotiating Parties:
Agency: Carlos L. Ortega/Palm Desert Redevelopment Agency
Property Owner: Ascension A. & Bertha A. Diaz/Arturo Lara Rubio
Under Negotiation: x Price x Terms of Payment
17) Property: 74-144 Fred Waring Drive, Palm Desert, CA
APN 624-201-003
Negotiating Parties:
Agency: Carlos L. Ortega/Palm Desert Redevelopment Agency
Property Owner: Deborah A. Burns
Under Negotiation: x Price x Terms of Payment
18) Property: 74-150 Fred Waring Drive, Palm Desert, CA
APN 624-201-004
Negotiating Parties:
Agency: Carlos L. Ortega/Palm Desert Redevelopment Agency
Property Owner: Edward H. & Rosa G. Guerra
Under Negotiation: x Price x Terms of Payment
19) Property: 74-158 Fred Waring Drive, Palm Desert, CA
APN 624-201-005
Negotiating Parties:
Agency: Carlos L. Ortega/Palm Desert Redevelopment Agency
Property Owner: Maria Valdez
Under Negotiation: x Price x Terms of Payment
20) Property: 74-166 Fred Waring Drive, Palm Desert, CA
APN 624-201-006
Negotiating Parties:
Agency: Carlos L. Ortega/Palm Desert Redevelopment Agency
Property Owner: Dennis J. & Judith Ann Garvin
Under Negotiation: x Price x Terms of Payment
21) Property: 74-170 Fred Waring Drive, Palm Desert, CA
APN 624-201-007
Negotiating Parties:
Agency: Carlos L. Ortega/Palm Desert Redevelopment Agency
Property Owner: Charles D. & Linda L. Gayler
Under Negotiation: x Price x Terms of Payment
21
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2000
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
22) Property: 74-178 Fred Waring Drive, Palm Desert, CA
APN 624-201-008
Negotiating Parties:
Agency: Carlos L. Ortega/Palm Desert Redevelopment Agency
Property Owner: Jean Pierre & Nelly J. Henrotaux
Under Negotiation: x Price x Terms of Payment
23) Property: 74-228 Fred Waring Drive, Palm Desert, CA
APN 624-201-010
Negotiating Parties:
Agency: Carlos L. Ortega/Palm Desert Redevelopment Agency
Property Owner: Vilma C. Escher & George R. & Desserrie Cox
Under Negotiation: x Price x Terms of Payment
24) Property: 74-280 Fred Waring Drive, Palm Desert, CA
APN 624-221-003
Negotiating Parties:
Agency: Carlos L. Ortega/Palm Desert Redevelopment Agency
Property Owner: Mildred R. & Thelma Reynolds & Kiyo Reynolds
Under Negotiation: x Price x Terms of Payment
25) Property: 74-296 Fred Waring Drive, Palm Desert, Ca
APN 624-221-004
Negotiating Parties:
Agency: Carlos L. Ortega/Palm Desert Redevelopment Agency
Property Owner: Duane L. Strohl & Josie Strohl Loza
Under Negotiation: x Price x Terms of Payment
26) Property: 74-340 Fred Waring Drive, Palm Desert, CA
APN 624-221-006
Negotiating Parties:
Agency: Carlos L. Ortega/Palm Desert Redevelopment Agency
Property Owner: Ivans Collas
Under Negotiation: x Price x Terms of Payment
27) Property: 74-360 Fred Waring Drive, Palm Desert, CA
APN 624-221-007
Negotiating Parties:
Agency: Carlos L. Ortega/Palm Desert Redevelopment Agency
Property Owner: Jesus Mendoza & Rosa Ramirez
Under Negotiation: x Price x Terms of Payment
22
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2000
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
28) Property: 74-380 Fred Waring Drive, Palm Desert, CA
APN 624-221-008
Negotiating Parties:
Agency: Carlos L. Ortega/Palm Desert Redevelopment Agency
Property Owner: Danny M. & Alejandra Leduc
Under Negotiation: x Price x Terms of Payment
29) Property: 73-810 Fred Waring Drive, Palm Desert, CA
APN 622-200-016;
73-816 Fred Waring Drive, Palm Desert, CA
APN 622-200-015
Negotiating Parties:
Agency: Carlos L. Ortega/Palm Desert Redevelopment Agency
Property Owner: Michael/Robin Hendricks, Sr.
Under Negotiation: x Price x Terms of Payment
30) Property: 73-780 Fred Waring Drive, Palm Desert, CA
APN 622-200-019;
73-790 Fred Waring Drive, Palm Desert, CA
APN 622-200-018
Negotiating Parties:
Agency: Carlos L. Ortega/Palm Desert Redevelopment Agency
Property Owner: Deep Canyon Associates
Under Negotiation: x Price x Terms of Payment
31) Property: 73-900 Fred Waring Drive, Palm Desert, CA
APN 622-200-008
Negotiating Parties:
Agency: Carlos L. Ortega/Palm Desert Redevelopment Agency
Property Owner: Tadayuki/Toshiko Miyamura
Under Negotiation: x Price x Terms of Payment
32) Property: 73-850 Fred Waring Drive, Palm Desert, CA
APN 622-200-011
Negotiating Parties:
Agency: Carlos L. Ortega/Palm Desert Redevelopment Agency
Property Owner: Caterina/John Foucrier
Under Negotiation: x Price x Terms of Payment
23
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2000
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
33) Property: 73-800 Fred Waring Drive, Palm Desert, CA
APN 622-200-017
Negotiating Parties:
Agency: Carlos L. Ortega/Palm Desert Redevelopment Agency
Property Owner: Marc/Sarah Glassman
Under Negotiation: x Price x Terms of Payment
34) Property: 73-760 Fred Waring Drive, Palm Desert, CA
APN 622-200-060
Negotiating Parties:
Agency: Carlos L. Ortega/Palm Desert Redevelopment Agency
Property Owner: Joseph W. Tatchell
Under Negotiation: x Price x Terms of Payment
35) Property: 73-840 Fred Waring Drive, Palm Desert, CA
APN 622-200-012
Negotiating Parties:
Agency: Carlos L. Ortega/Palm Desert Redevelopment Agency
Property Owner: Russell J./Barbara Prechtl
Under Negotiation: x Price x Terms of Payment
36) Property: APN 624-222-004
Negotiating Parties:
Agency: Carlos L. Ortega/Palm Desert Redevelopment Agency
Property Owner: Roman Catholic Bishop of San Bernardino
Under Negotiation: x Price x Terms of Payment
37) Property: 1001 acres - West of Palm Valley Channel - South of Painters
Path - Palm Desert, CA
Negotiating Parties:
Agency: Phil Drell/City of Palm Desert
Property Owner: G. George Fox
Under Negotiation: x Price x Terms of Payment
38) Property: APN 628-030-001 - Palm Desert, CA
Negotiating Parties:
Agency: Phil Drell/City of Palm Desert
Property Owner: Glenn H. Engstrom
Under Negotiation: x Price x Terms of Payment
24
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2000
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
39) Property: APN 628-030-002; APN 628-030-003
Palm Desert, CA
Negotiating Parties:
Agency: Phil Drell/City of Palm Desert
Property Owner: Delmar Woods
Under Negotiation: x Price x Terms of Payment
40) Property: APN 628-030-004 - Palm Desert, CA
Negotiating Parties:
Agency: Phil Drell/City of Palm Desert
Property Owner: George Elkins Company/George Berkey Associates
Under Negotiation: x Price x Terms of Payment
41) Property: APN 628-030-005 - Palm Desert, CA
Negotiating Parties:
Agency: Phil Drell/City of Palm Desert
Property Owner: Everett L./Patricia L. Aplet
Under Negotiation: x Price x Terms of Payment
42) Property: ' APN 628-030-006 - Palm Desert, CA
Negotiating Parties:
Agency: Phil Drell/City of Palm Desert
Property Owner: Roger T. Kirkpatrick
Under Negotiation: x Price x Terms of Payment
Conference with Legal Counsel regarding existing litigation pursuant to Government
Code Section 54956.9(a):
a) Denise Oakley and Denise Weller v. City of Palm Desert, United States
District Court - Central District of California, Case No. 99-07432MMM
b) Eddie Ahmad Babai v. City of Palm Desert, Riverside County Superior Court
Case No. INC 013297
Conference with Legal Counsel regarding significant exposure to litigation pursuant
to Government Code Section 54956.9(b):
Number of potential cases: 3
Conference with Legal Counsel regarding initiation of litigation pursuant to
Government Code Section 54956.9(c):
Number of potential cases: 2
25
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2000
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Public Employment pursuant to Government Code Section 54957:
Titles of Positions: City Attorney
City Clerk
City Manager
Redevelopment Agency Executive Director
2) Report and Action on Items from Closed Session Made at This Meeting.
None
D. CITY CLERK
1. Report from April 12, 2000, Regular Library Promotion Committee Meeting
Relative to its Consideration of the Multi -Agency Library Operation Hours Survey.
Ms. Klassen stated that the Library Promotion Committee had met the previous day
and considered the results of a survey that was taken March 6 - 19, 2000. The
survey was produced and tabulated by the Research Department at College of the
Desert. She said it was the Committee's overall concurrence that the results were
representative of those patrons and felt the status quo should be maintained and that
the hours of operation seemed to meet the needs of the community. She said they
felt if they could make a suggestion, it would be to increase Thursday hours
(currently 1:00 p.m. to 5:00 p. m.) and have Thursday hours be the same as Fridays
and Saturdays, 10:00 a.m. to 5:00 p.m. She said there was an agreement that the
two Librarians had come to whereby if people want something from the College of
the Desert side that is not available because that side is closed, they can make the
request, and it can be fulfilled in one to two days.
Councilman Spiegel asked if there would be a recommendation for additional
finances for the Library.
Councilmember Benson stated that this could be a request to LSSI for when it looks
at its budget.
With Council concurrence, staff was directed to request the County Library System/LSSI increase
Thursday hours for the City wing of the Multi -Agency Library, making them 10:00 a.m. to 5:00 p.m.
(instead of 1:00 p.m. to 5:00 p.m.), as recommended by the Library Promotion Committee.
26
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2000
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Consideration of Potential for City/County Contractual Relationships for
Various Services (Mayor Buford A. Crites).
Mayor Crites noted the copy of a letter he sent to Supervisor Wilson (included
in the Agenda packets). He said the County was interested in using the City
of Palm Desert as a model for potentially contracting with cities for services
that now fall under the County, including possible Code Enforcement, Planning
issues, and building inspection services. He said his recommendation was to
authorize City staff to visit with County staff to see whether or not that makes
good sense for the City of Palm Desert.
Councilman Kelly asked if the County would be contracting with the City of
Palm Desert to do its work, and Mayor Crites agreed.
Mayor Pro-Tem Ferguson stated that when he and Mayor Crites were asked to
meet with Supervisor Wilson about the Council's dissatisfaction with land -use
planning, code enforcement, and building and safety in areas that were
immediately appurtenant to Palm Desert, that led to some discussion on the
Annexation Committee about taking in that land as part of the City limits to
control the aesthetic standards there. He said Supervisor Wilson suggested that
the County contract with the City so that the City could do the planning, code
enforcement, and building and safety. That way the City could determine
standards that are used in controlling that land.
Councilman Spiegel stated that he would like some more information about this
before voting on this matter. He agreed that this was something that should be
investigated.
Councilman Kelly agreed with investigating the possibility of doing this.
Councilman Kelly moved to, by Minute Motion, authorize staff to investigate the possibilities for
the subject relationships for Planning, Code Enforcement, and Building & Safety services, etc. Motion
was seconded by Benson and carried by unanimous vote.
27
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2000
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
2. Consideration of Partial Funding for St. Margaret's School "Odyssey of the
Mind" Team, Destination Imagination State Competition Winners, to the
World Tournament Destination 2000 to be held at Iowa State University,
Ames, Iowa, May 24-27, 2000 (Mayor Pro-Tempore Jim Ferguson).
Mayor Pro-Tem Ferguson stated that the Council at its last meeting approved
funding for St. Margaret's School to attend the State competition in
Sacramento. He said St. Margaret's won first place in the State of California
and would now be attending an international competition at Iowa State
University. He said the school asked the Council consider a dollar for dollar
match in its fundraising efforts to finance that trip which was estimated to be
approximately $14,000.
Councilman Spiegel stated that the Council had approved the expenditure of
$2,000 for the team to travel to Sacramento, and he felt an additional $4,000
was more than adequate since the School has other places from which it can
obtain funding.
Mayor Pro-Tem Ferguson stated that he was bringing the dollar for dollar
matching fund issue to the Council because this is what has been done in the
past. He added that it was his understanding that St. Margaret's would be
approaching other groups for funding as well.
Councilmember Benson stated she felt the St. Margaret's team was a credit to
the City and that the staff recommendation should be approved.
Councilmember Benson moved to, by Minute Motion, approve partial funding for the subject event
and appropriate said funds from the Unobligated General Fund to Account No. 110-4800-454-3880 for
same. Motion was seconded by Ferguson.
Councilman Spiegel stated that he served on the Vestry of St. Margaret's and
would be voting against the motion because he felt it was too much money for
the City to contribute.
Mayor Crites called for the motion. The motion carried by a 4-1 vote, with Councilman Spiegel
voting NO.
o City Council Committee Reports:
1. Councilman Kelly stated that he had been appointed to the Board of "Action
for Better Cities", the organization that the League of California Cities set up
to deal with ballot measures to help cities with their funding problems with the
State trying to take their money away.
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2. Mayor Pro-Tem Ferguson stated that he was planning to go with the
Redevelopment Agency Executive Director to Sacramento in May relative to
the local government finance reform legislation. He asked for any Council
input.
3. Councilman Spiegel stated that the Desert Sands School Board at its meeting
last week agreed to a 30-year contract with the City of Palm Desert to open up
the playground at Washington Charter School as a City park. He said plans
were being put together through Parks & Recreation that would be coming to
the Council for a completely redone facility that in the evenings, on weekends,
and during the summer will be used as a City park.
4. Mayor Crites stated that the Sister Cities Committee had its second meeting on
Monday and spent a good part of that meeting looking at the proposed Public
Art Project for Palm Desert's Sister City in Gisborne, New Zealand. He said
a recommendation would be before the Council at its first meeting in May.
5. Mayor Crites noted that Mr. Richard Kite was in the audience, and he
congratulated him on his recent election to the City Council in Rancho Mirage.
With Council concurrence, Mayor Crites adjourned the meeting to Closed Session at 5:58 p.m. He
reconvened the meeting at 7:02 p.m.
XIV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
None
XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION RECOGNIZING LIEUTENANT BOB KIRBY FOR HIS SERVICE WITH
THE PALM DESERT POLICE DEPARTMENT AND TO THE CITY OF PALM DESERT.
NOTE: THIS PRESENTATION WAS MADE AT THE BEGINNING OF THE MEETING, JUST
PRIOR TO CONSIDERATION OF THE CONSENT CALENDAR.
On behalf of the entire City Council and staff, Mayor Crites presented Lt. Kirby with an
award in recognition of his service with the Palm Desert Police Department and to the City
of Palm Desert.
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B. PRESENTATION TO RECOGNIZE STUDENTS COMPRISING THE "ODYSSEY OF THE
MIND" TEAM FROM ST. MARGARET'S SCHOOL WHICH PARTICIPATED IN THE
STATE COMPETITION AT UNIVERSITY OF CALIFORNIA, DAVIS, ON SATURDAY,
APRIL 1, 2000.
Mayor Crites stated that this team had participated in the "Odyssey of the Mind" competition
at the University of California, Davis. He noted that Mayor Pro-Tem Ferguson had asked that
he be allowed to make this presentation on behalf of the City Council.
Mayor Pro-Tem Ferguson stated that this team had participated with 2,000 teams in the State
of California and had won the Riverside County regional contest. After winning that contest,
the team approached the City of Palm Desert and requested financial assistance in traveling
to the State finals in Sacramento. The City Council approved a $2,000 contribution to help
with travel expenses to Sacramento, and out of 300 finalists throughout the State of California,
St. Margaret's School team finished in first place. He stated that earlier in the day, the City
Council voted to approve a dollar for dollar match for all of their expenses for the team to
travel to Ames, Iowa, to compete at Iowa State University in the international competition
later in May. In recognition of their outstanding contributions, he presented a certificate to
each Odyssey of the Mind team members Emily Carian, Cassie Fausel, Lincoln Jesser,
Courtney Johnson, Drew Johnson, Jeremy Meltzer, and Jennifer Trahan. He noted that Lisa
Johnson and Susan Kitagawa were the team captains for this group.
Ms. Johnson thanked the Council for its support of this group. She said the team had to solve
a problem that was approximately 30 pages long, and they could not have any parents or adults
help them. They had to read the problem and figure it out. Their problem was to get five
eggs through an obstacle course. She said the team designed an obstacle course, with the
theme "Under the Ocean", and they got all the eggs through without breaking. On top of that,
they had to do a spontaneous problem where they walk into a room, not knowing what will
be given to them, and they were given a problem to think through on their feet.
C. PRESENTATION TO THE CITY OF PALM DESERT FROM POVERTY BAY GOLF
CLUB, GISBORNE, NEW ZEALAND.
Mayor Crites handed the award to Mayor Pro-Tem Ferguson, noting that it stated that
membership on this club was bestowed on the Mayor and in perpetuity his successors holding
the office of Mayor of the City of Palm Desert in appreciation of their social companionship
and the Inner -Millennium Intercontinental Golf Tournament held in Gisborne and
simultaneously in Palm Desert at Desert Willow Golf Course.
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D. PRESENTATION OF PROCLAMATION DECLARING THE WEEK OF MAY 1, 2000, AS
"WASHINGTON CHARTER SCHOOL WEEK" IN THE CITY OF PALM DESERT.
Mayor Crites read and presented the proclamation to the ambassadors of Washington Charter
School. He said there were probably not many occasions more significant than Palm Desert's
first elementary school reaching its 50th birthday.
Principal Allan Lehmann stated that all of the students from Washington Charter School in
attendance at this Council meeting were 5th graders who represented the School in the
community. He said they spoke at various service clubs and organizations in the community
as well, and they are the future leaders. The following ambassadors addressed the Council:
Christina Taylor gave a brief overview of charter schools.
Cody McCormick spoke about the community and how it helps Washington Charter School.
Christina Benedetto spoke on the topic of character.
Jessica Rojas spoke about kindness.
Ashley Johnson discussed homework.
Mr. Lehmann added that he was very proud of all of the teachers at Washington Charter
School, and they are the ones who nurture the students on a daily basis.
Lauren Simmers spoke on behalf of the Washington Charter School teachers, noting that they
were role models for the students. She said Washington Charter School would not be a
successful school without the wonderful teachers.
E. PRESENTATION TO RECOGNIZE GERRY HUNDT FOR HIS SERVICE TO FAMILY
YMCA OF THE DESERT, RESIDENTS OF THE COACHELLA VALLEY, AND THE
CITY OF PALM DESERT.
With Council concurrence, this presentation was continued to a time when Mr. Hundt can be present
for the meeting.
F. PRESENTATION OF AWARDS TO WINNERS OF THE 2000 STUDENT ART & ESSAY
CONTEST.
Mayor Crites welcomed everyone to this awards ceremony and stated that this was something
the Council cherished. He noted that the entire contest was handled by a subcommittee of the
Civic Arts Committee, from the establishment of the theme to the presentation of the awards.
He introduced Ms. Sloane Halloran -Lewis as Chair of the Subcommittee.
Ms. Halloran -Lewis noted that this year's theme was "I Believe The Most Important Event,
Person, or Invention of the Millennium Was..." She said the Civic Arts Committee members
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were amazed and impressed by the intelligence and creativity of the students and were excited
to discover who the students' heroes are and how inventions had improved their lives.
Mayor Crites and Ms. Halloran -Lewis presented awards to the first -place winners of the
contest. Ms. Ella Manor, Soroptimist International of Palm Desert, presented the Year 2000
Perpetual Trophy to Dr. Marcia Slater, Principal of St. Margaret's Episcopal School. Ms.
Halloran -Lewis noted that St. Margaret's Episcopal School had 100% participation in this
year's contest. The school was awarded the trophy to be displayed for a one-year period plus
a $400 cash award and a $50 gift certificate from Target (please see the Awards Ceremony
Program attached hereto and made a part hereof as Exhibit "B").
Mayor Pro-Tem Ferguson stated that this was a lot more than just about giving awards. The
City of Palm Desert tries to celebrate the forms of art and essay, particularly among the
younger people. He said it is the purity, simplicity, and truth of the younger people, using
these forms of expression, that reminded him that he is a kid down inside. He said the City
Council enjoys having the opportunity to recognize these students and celebrate their
achievements, but more than anything the Council celebrates the beauty of the truths that they
articulate through these various forms of expression. He encouraged all of the students to
participate in next year's program.
With Council concurrence, Mayor Crites recessed the meeting at 7:58 p.m. in order to allow
audience members present for the Student Art & Essay Awards to exit the Chamber. He reconvened
the meeting at 8:06 p.m.
XVI. PUBLIC HEARINGS
A. REOUEST FOR APPROVAL OF THE SALE OF MOBILE HOME LOT NUMBERS 112
(APN 622-351-112-9) AND 142 (APN 622-351-142-6), LOCATED AT 43-155 PORTOLA
AVENUE (PORTOLA PALMS MOBILE HOME PARK) AT FAIR MARKET VALUE
(JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT
AGENCY).
Mr. Diaz noted the staff report in the packets and stated that Ms. LaRocca was available to
answer any questions.
Housing Manager Terre LaRocca reviewed the staff report, noting this would make a total of
18 spaces sold, 16 remaining vacant, and 6 rented. She offered to answer any questions.
Mayor/Chairman Crites declared the public hearing open and invited testimony in FAVOR of or
OPPOSED to this request. With no testimony offered, he declared the public hearing closed.
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Councilman/Member Spiegel moved to: 1) Waive further reading and adopt City Council Resolution
No. 00-42, authorizing Palm Desert Redevelopment Agency to sell the subject mobile home lots at fair
market value; 2) waive further reading and adopt Redevelopment Agency Resolution No. 391, making
and finding that the sales price for the subject lots is 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 Ferguson and carried by unanimous vote.
B. CONSIDERATION OF THE FORMATION OF SANDPIPER COURT LANDSCAPE AND
LIGHTING DISTRICT.
Mr. Tom Bassler, Senior Management Analyst, reviewed the staff report, noting that this was
formation of the Sandpiper Court Landscape and Lighting District. He stated that the
engineer's report and resolutions were included in the Council packets. He stated that as of
today, no changes were recommended to the preliminary engineer's report. He added that
following the public hearing, staff would announce the tally of the ballot for formation.
Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED
to this request. With no testimony offered, he declared the public hearing closed.
Mr. Bassler noted that there was unanimous approval of the property owners to form this
district.
Councilman Kelly moved to waive further reading and adopt: 1) Resolution No. 00-43, declaring
the results of a property owner protest and related actions for the Sandpiper Court Landscape and Lighting
District; 2) Resolution No. 00-44, approving the engineer's report as presented or amended; the
concurrent annexation into the Palm Desert Consolidated Landscape and Lighting District; the levy and
collection of annual assessments for Fiscal Year 2000/01 for the Sandpiper Court Landscape and Lighting
District; 3) Resolution No. 00-45, ordering the formation of the Sandpiper Court Landscape and Lighting
District; the concurrent annexation of said district into the Palm Desert Consolidated Landscape and
Lighting District; the levy and collection of annual assessments commencing with Fiscal Year 2000/01.
Motion was seconded by Spiegel and carried by unanimous vote.
C. CONSIDERATION OF THE FORMATION OF LA PALOMA III LANDSCAPE AND
LIGHTING DISTRICT.
Mr. Bassler stated that this was similar to the previous public hearing. No changes were
recommended to the engineer's report.
Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED
to this request. With no testimony offered, he declared the public hearing closed.
Mr. Bassler stated that the ballots had been tabulated, and it was unanimous approval of all
of the property owners for formation of this district.
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Councilmember Benson moved to waive further reading and adopt: 1) Resolution No. 00-46,
declaring the results of a property owner protest and related actions for the La Paloma III Landscape and
Lighting District; 2) Resolution No. 00-47, approving the engineer's report as presented or amended; the
concurrent annexation into the Palm Desert Consolidated Landscape and Lighting District; the levy and
collection of annual assessments for Fiscal Year 2000/01 for the La Paloma III Landscape and Lighting
District; 3) Resolution No. 00-48, ordering the formation of the La Paloma III Landscape and Lighting
District; the concurrent annexation of said district into the Palm Desert Consolidated Landscape and
Lighting District; the levy and collection of annual assessments commencing with Fiscal Year 2000/01.
Motion was seconded by Ferguson and carried by unanimous vote.
D. REOUEST FOR APPROVAL OF A PRECISE PLAN OF DESIGN TO CONSTRUCT A
200,000 SQUARE FOOT SPORTS COMPLEX (AND HEIGHT EXCEPTION) WITH
MISCELLANEOUS PADS ON 21 ACRES; PROPERTY IS ZONED PLANNED
COMMUNITY DEVELOPMENT (PCD) AND IS LOCATED AT THE NORTHEAST
CORNER OF COOK STREET AND GERALD FORD DRIVE Case No. PP 00-03
(Landmark Sports and Entertainment, Inc., Applicant).
Mr. Jeff Winklepleck, Parks & Recreation Planning Manager, noted that this project would
take place on an existing approval which includes a food park with six restaurants, including
fast food, oversized vehicle parking lot, recreational vehicle self -storage facility, and retail
shops. He said there was an existing approval at the corner for a service station, convenience
store, and car wash facility. He reviewed the staff report, noting that the project was designed
with a 168,154 square foot sports facility and some adjacent pads including two fast food pads
totaling 9,048 square feet, two office pads totaling 76,000 square feet, and a hotel pad totaling
65,000 square feet. Each of those facilities would go back through the process under Precise
Plans. With regard to circulation, he said there would be two ingress/egress points to the site;
first was adjacent to the convenience store/gas station/car wash, and the other was
approximately in the middle of the site. Both ingress/egress points would be off of Gerald
Ford Drive. He noted that with regard to the sports facility itself, the architecture and
landscaping had been through Architectural Review Commission, and the applicant had
indicated that whether it is a green roof or a tan roof, they would be willing to listen to the
wishes of the Council. The building height had changed, and the maximum height would now
be 46 feet in the southwest portion of the facility as opposed to 54 feet. This was because of
some grading that needed to be done in order to have level access at both the front and rear
of the buildings. The remainder of the building would be 30 feet in height. He noted for
comparison that the top of the Cook Street overpass was approximately 35 feet above the grade
of the sports facility pad. With that, the highest point of the building would be approximately
19'6" above street grade, with the majority of the building being approximately 7'0" above
street grade. He said the Architectural Review Commission had recommended approval. He
reviewed Public Works Condition #15, noting that the applicant had been advised by the
Public Works Department that the width could be 36 feet, but they would like the condition
to read that the work was to be reviewed and approved by the Director of Public Works. The
project had also gone before the Planning Commission on March 21st and was approved 3-2,
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with main concerns being basically architectural in nature. Other concerns dealt with the
height of the other structures. He offered to answer any questions.
Mayor Pro-Tem Ferguson asked if anything had been done to address the concerns of the two
Planning Commissioners who voted against the project.
Mr. Winklepleck responded that there had been no changes made to the architecture. Upon
question by Mayor Crites, he noted that the Council was looking at the same thing
architecturally that received a 3-2 vote from the Planning Commission and unanimous vote
from the Architectural Review Commission.
Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED
to this request.
MR. BOB MCLENDON, President of Landmark, assured the Council that nothing had
changed as far as the team and building. He said during the process of moving and choosing
the new site, they had been able to speak with some of their neighbors. He said they met with
Peter Wilson who was very excited about working with the developer on the project. He
offered to answer any questions.
MR. JOHN WAREHAM, Managing Partner of the ice rink at Westfield Shoppingtown. He
said he wished to share with the Council their plans for an ice facility and was not at the
meeting to try to cause any delays or any hindrance to this project. He said they had met the
previous evening with the Recreation and Parks District which voted 5-0 to partner with the
developers of the ice rink to do a public/private partnership for a new ice arena in the
proposed regional park on Country Club Drive. He said they had also met briefly the previous
week with Planning Department representatives Phil Drell and Jeff Winklepleck. They met
with the City's Parks & Recreation Commission the previous day, and the Commission
suggested that this be something the City look into as a possible use. He said he believed a
public/private partnership was better for the community in terms of the ice venue. Some of
the problems with the previous ice rink at Westfield Shoppingtown were largely associated
with the fact that it was handled by an out of area operator. In addition, he said they had
identified over a million dollars in donor funds that would be channeled to the Recreation and
Parks District to build the building. The District would own the building and in exchange for
his group raising the donor funds, they would be granted a long-term management contract
to work with the Recreation and Parks District similar to what is being done now. He said
his group would bear all of the financial risk of the operation, and if the operation proved to
not be successful, the Recreation and Parks District would be left with a building that it could
use for other purposes. He said at the Parks & Recreation Commission meeting the previous
day, it was suggested that he, the Recreation and Parks District, and his other two partners
meet with City representatives, the Planning Commission, and perhaps the Landmark Group
in a matter of weeks to compare plans and decide which will be in the City's best interests.
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Upon question by Councilman Spiegel, Mr. Winklepleck stated that this matter had come up
after he left the Parks & Recreation Commission meeting. He said the Commission was
willing to look at this as a possible use in the regional park but wanted to see more before
making any additional commitment.
Councilman Spiegel asked how many acres would be needed for the facility, and
Mr. Wareham responded that approximately two acres would be needed. He said the initial
structure was planned to be in the far back of the property where the original settlement pond
would be, and the pond would be moved up behind the housing development. He said they
would start with a 125' x 240' building and allow for a second ice surface to be included later.
Initially they would have one ice surface and an outdoor covered in -line rink. He noted that
the real benefit in public/private partnership was that it reduces the overhead and the debt
service necessary to maintain an ice rink, and those economies are passed to the customers.
He added his group felt it was in the community's best interest to have local people who care
about an ice facility more than for strictly a profit motive.
Mayor Crites asked if Mr. Wareham: 1) Did not care whether the proposal in front of the
Council was approved or not; 2) was asking that the Council delay this for some particular
period of time; or 3) was asking that the Council deny the precise plan.
Mr. Wareham responded that as he stated at the beginning, he was not asking for any of those.
He said what he felt was very important was that the Council be aware of what transpired over
the last few weeks and especially in the last months and the previous evening. He said because
of the time involved, and having this Council meeting at this time, he did not have time to
communicate to all of the Councilmembers individually as he would have preferred. He added
that he felt the Council should know this is in the works, the money is there, and it is moving
forward.
Councilman Spiegel asked if he was correct in assuming that Mr. Wareham would be
requesting land only from the City. Mr. Wareham responded that it would be the Coachella
Valley Recreation and Parks District which would request the land, and his organization would
be the operator. Councilman Spiegel asked who would build the rink, and Mr. Wareham
responded that the Recreation and Parks District would build the shell facility with donor
funds totaling approximately $1 million; he and his partners would come in and build out the
interior, including the refrigeration. Councilman Spiegel stated that the land being discussed
was out by the railroad tracks, and he asked if Mr. Wareham felt they would have enough
traffic with no exposure at all to Country Club Drive. Mr. Wareham responded that ice rinks
are not typically impulse types of visits. He said if they have signage on Country Club Drive
as part of the total complex, he felt they would do fine.
Councilman Kelly stated that he felt very uncomfortable discussing something that is not on
the Agenda and which basically had nothing to do with the decision process for this item.
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Mayor Pro-Tem Ferguson added that he felt the Council was doing a disservice to the
applicant in not talking about his project which is on the Agenda. He said he did not really
care whether there is one ice rink or fifty, and that was up to the market. He said there was
a precise plan in front of the Council at this time, and he felt the Council should focus on the
applicant's application. Depending on what happens with that, if Mr. Wareham still wants
to move forward, the Council can discuss it in good time.
Mayor Crites stated that if members of the Council wish to ask a question, their request for
information will be honored by the Chair.
MR. LARRY STEELE, President of Hoop USA, Inc., stated that he was involved with
approximately 52 projects around the country and had meetings scheduled for the following
morning and the next week with various cities on different projects. He said it was his
experience that the single -use facilities are very difficult to maintain, even being subsidized.
He said they wanted to be part of the community and would welcome an opportunity to talk
to Mr. Wareham and to meet with Parks & Recreation and any other groups to develop a
facility that Palm Desert would be very proud of.
MS. CATHERINE CROSSON, a coach at the current ice rink, stated there were a lot of kids
competing in skating at this time, with many going to nationals and worlds. She said she had
seen a lot of kids leave the Valley for other areas to train, and she said all she was looking for
was a larger facility, wherever that might be.
MS. DEBORAH LATHAM, a coach at the current facility, stated that she estimated she had
lost about half of her business over the past year with skaters either tired of making the drive
because they need to skate at another facility or leaving her to go to other coaches who are at
the larger facilities. She said they were grateful for the current management and wanted to
see a larger facility as soon as possible.
With no further testimony offered, Mayor Crites declared the public hearing closed.
Councilman Kelly stated that Palm Desert was not the only community in the Valley with ice
skaters. He said someone from the private sector had approached the City and was going to
provide a service for the entire Coachella Valley, and it was approved. He said what was
looked at for this location in the past was storage facilities, and he felt this location was a lot
better for this type of sports facility than the original location. He said it was a facility that
he felt would ideal for the City of Palm Desert. He noted that one of the main problems in
the beginning was to operate a free-standing facility, and someone would have to subsidize it.
Now there is an opportunity to do the whole thing on a free enterprise basis by the private
sector, and he felt it was a wonderful opportunity.
Councilman Spiegel stated that he had voted to approve the facility the last time it was before
the Council, and he liked this location better than the last. He said being adjacent to Cal State
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would be an advantage both to the facility and to the school as it grows and progresses. He
added that not only was a storage facility associated with this location in the past, there was
also going to be some kind of park with approximately five drive-thru restaurants. He said
he felt this sports facility would be much more advantageous to the City than a park with five
drive-thru restaurants and a storage facility. He added that he was personally very much in
favor of the move.
Councilmember Benson stated that one of the main reasons the Council approved a facility on
Monterey Avenue was because it was far back off of Monterey with another development to
be in front of it. She said she did not feel this was as a good a location as the other one was.
She said it was not just a storage facility that had been planned. The Zoning Ordinance
Review Committee spent almost a year deciding what kind of development should go along
Interstate 10 and came up with a park -like setting for the restaurants that go along the
Interstate. She said she did not feel this facility would complement Cal State from the money
that would be spent building that facility. She added that she would not be in favor of putting
a building that looks similar to a warehouse in front of Cal State San Bernardino.
Mayor Pro-Tem Ferguson stated that he was not as enthusiastic about this site as the last one.
He said as he recalled, it was set back a significant amount from Monterey Avenue and at a
significant pad elevation decrease which alleviated any concerns he had about the height of the
architecture since it could not really be seen. He said he was a member of the Zoning
Ordinance Review Committee with Councilmember Benson, and the Committee spent over
a year with the property owner to create, plan, and adopt the freeway overlay zone, with the
idea of attracting freeway visitors off of I-10 into Palm Desert. He said there was going to
be a park setting for restaurants, and he did not think there were five drive-thrus. There was
also going to be a dog run, and it would be a very family -oriented type of place. He said right
now we have a very large building that is right against the setback on what he hoped would
become the signature entryway into the City of Palm Desert in the future, and he was
concerned with this. He questioned staff about the wording of the Agenda indicating that this
was a request for approval of a precise plan to construct a 200,000 foot sports complex (and
height exception) with miscellaneous pads on 21 acres, and the Council then concurrently is
told it is not approving anything otiier than the sports complex.
Mr. Winklepleck stated that was the intent going through Planning Commission. An
additional condition that Planning Commission had and recommended to the Council was that
each of the other pads (the hotel, restaurants, and offices) would go back through the precise
plan process. He said there was not enough information for the Planning Commission to make
an approval on it.
Mayor Pro-Tem Ferguson asked if it would be possible to completely rework the pads if the
Council did not like the location of the fast food or the retention pond, etc. or if the City was
pretty much stuck with that layout and would only have elevations to look at when the matter
comes back
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Mr. Winklepleck stated that it was his understanding that the pads were not locked in, and
those were just samples that could change. In addition, the offices were not locked in, and
he was not sure whether that particular hotel design was locked in.
Mr. Drell stated that if the Council wanted to change the site plan arrangement of uses, now
is the appropriate time to do so.
Mayor Crites asked what would happen if the Council now unanimously liked this and did not
necessarily like any of the other uses. He asked if this site could be divorced from all the rest
of it, and Mr. Winklepleck responded that could be done.
Mayor Pro-Tem Ferguson said his concern was that he and Councilmember Benson had spent
a year with the developer to come up with something unique. He said other than a meeting
he had the previous day with the applicant, he had not spent any time working with this plan
and did not know if it went to the Zoning Ordinance Review Committee or not. He said they
wanted to do something special for that corner and the new overpass, but he was not sure all
the thought process that had gone into the previous plan had gone into this one.
Mr. Drell reminded Council that the freeway overlay zone is a voluntary optional zone for a
property owner to either take advantage or not. He said it was not a mandatory requirement.
He said the freeway overlay zone was really created to allow drive-thru restaurants and
conditions that would allow drive-thru restaurants. It did not eliminate the ability of a
property owner to utilize the standards of the base zone.
Mayor Pro-Tem Ferguson stated that he was more than willing to work with this developer
and work with this pad and put in the same amount of time with the previous owner of the
property. He said if he was asked at this meeting whether or not he would approve this
request, his inclination would be to not approve it.
Councilman Kelly stated that it seemed that the freeway overlay was an attempt to allow
facilities that were more of an impact than what the City would normally allow there, such as
drive-thru restaurants.
Mayor Crites stated that he was a reluctant aye vote for the project at the last location because
he thought it was a poor planning process. He said he doubted at that time that the project
would happen. He said he personally felt this was a better location, but one of the reasons that
the architecture received the level of scrutiny that it did at the last location was that it was a
half or quarter mile away from a public thoroughfare and was tucked back into the furthest
interior of the project. He said he would grant that it is down "below the freeway", and he
was willing to believe that as time goes by and this builds out, it will become a prominent
location. He added that he felt the architectural style and amenities deserved the attention that
kind of corner should receive, including the landscaping. He agreed with Councilman Kelly
with regard to private enterprise and allowing them to build. He noted that the architectural
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detail of this precise plan did not leave him with warm enthusiasm. He agreed with Mayor
Pro-Tem Ferguson about the remainder of the uses around there needing the kind of attention
directly across the street from what will be one of the signatures of the City of Palm Desert,
and that is Cal State University.
Mayor Pro-Tem Ferguson stated that he started off by saying if he was asked to vote on this
tonight, he would not vote in favor; however, he also offered to work with the developer to
try and put the same level of interest in it that we had with the previous plan. He asked if the
developer wanted a vote at this time or if the preference would be to spend some time working
on this.
Mayor Crites reopened the public hearing.
MR. MCLENDON stated his organization would like to continue the path that they had gone
on for over a year now and would like to work with everyone at the City of Palm Desert.
Mayor Crites stated that what Mayor Pro-Tem Ferguson was asking was whether the developer
would like a continuance in order to work on the Planning Commission issues and those of the
City Council as well or if the developer would rather have the Council vote on the matter at
this time.
MR. DAVID TURNER, Coachella Valley Engineers, stated that with regard to the site layout
and landscaping, the site was laid out to try and address a lot of the concerns with several fast
food restaurants, a hotel, and professional office space. He said they were more than willing
to work with the City and make adjustments as necessary.
MR. STEELE asked if it would be possible to receive conditional approval.
Upon request for clarification of the applicant's preference by Councilman Kelly, Mr. Turner
asked if it would be possible to receive conditional approval and then work with Council to
address the other concerns of the other pads that would come back with the precise plan.
Mayor Pro-Tem Ferguson stated that he was not prepared to vote on any approval at this time.
MR. TURNER said they would agree to a continuance.
Mayor Crites asked if there were two members of the Council who would be willing to act as
a subcommittee to work with staff and the applicant.
Mayor Pro-Tem Ferguson and Councilman Kelly agreed to serve on this subcommittee.
Mayor Crites suggested that one or two members of the Planning Commission also be asked
to join this subcommittee, and the Council concurred.
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Mayor Pro-Tem Ferguson noted that the very body that did the whole first plan , the Zoning
Ordinance Review Committee, was still in existence and was made up of a Planning
Commissioner, a City Councilmember, private developers, and an architect. He suggested
that this committee be used to look at this project. He said he would be willing to sit in with
this group as well. Councilman Kelly disagreed.
Councilman Spiegel stated the project in this area was originally going to be storage and a park
with fast food restaurants and a dog run; now the proposal was for a sports facility. He felt
this was comparing apples and oranges. He said Councilman Kelly was a proponent of the
project, and Mayor Pro-Tem Ferguson had a lot of questions. He said he would prefer to see
these two Councilmembers work with staff and the applicant to resolve these issues.
Councilman Kelly agreed.
Mayor Pro-Tem Ferguson moved to, by Minute Motion, continue this hearing to the meeting of
April 27, 2000, with himself and Councilman Kelly appointed to, along with staff, work with the
applicant to resolve architectural, adjacent pads, and landscaping issues. Motion was seconded by Benson
and carried by unanimous vote.
Mayor Crites asked the City Manager to convene this group with staff, Councilman Kelly, and
Mayor Pro-Tem Ferguson to begin the process of looking at the issues that had been brought
up during this public hearing.
E. CONSIDERATION OF THE APPROVAL OF AN AMENDMENT TO THE ZONING
ORDINANCE, CHAPTERS 25.56, 25.64, 25.66, 25.70, 25.72, 25.84, AND 25.86 AS
THEY RELATE TO THE APPEALS PROCESS Case No. ZOA 00-01 (City of Palm Desert,
Applicant).
Planning Manager Steve Smith reviewed the staff report, noting that the Planning Commission
voted 4-0 to recommend this to the City Council. In addition, it was approved by Zoning
Ordinance Review. He said probably the biggest change was consolidation of appeals into one
section rather than being spread out throughout the ordinance. He offered to answer any
questions.
Mayor Crites asked if the City Attorney was comfortable with this, and Mr. Erwin responded
that he was.
Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED
to this request. With no testimony offered, he declared the public hearing closed.
Mayor Pro-Tem Ferguson asked if any of the developer members of the Zoning Ordinance
Review Committee had an opinion about not being able to get early enough feedback or if they
were comfortable waiting until the very tail end of the process to find out whether it was going
to get appealed.
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Mr. Smith stated he did not recall any of them expressing that concern.
Mayor Pro-Tem Ferguson asked if there was any wording in the ordinance making it explicitly
clear that all decisions of the Planning Commission are subject to review by the City Council.
Councilman Spiegel responded that was in the ordinance.
Councilman Spiegel moved to waive further reading and pass Ordinance No. 941 to second reading,
approving an amendment to the subject chapters of the Palm Desert Municipal Code. Motion was
seconded by Kelly and carried by unanimous vote.
F. CONSIDERATION OF THE APPROVAL OF AN AMENDMENT TO THE ZONING
ORDINANCE, CHAPTER 25.70, ARCHITECTURAL COMMISSION
GOALS/POLICIES/PROCEDURES Case No. ZOA 00-02 (City of Palm Desert, Applicant).
Mr. Smith reviewed the staff report, noting that Council had previously adopted Ordinance
No. 934 in January to expand the Architectural Review Commission. Since this also changed
the Zoning Ordinance, it was necessary to conduct a public hearing to adopt those changes.
He said the Zoning Ordinance Review Committee looked at this on February 17, 2000, and
supported its implementation. It had also been reviewed by the Planning Commission which
recommended approval.
Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED
to this request. With no testimony offered, he declared the public hearing closed.
Councilmember Benson moved to waive further reading and pass Ordinance No. 942 to second
reading, approving an amendment to the subject chapter of the Palm Desert Municipal Code. Motion was
seconded by Ferguson and carried by unanimous vote.
G. CONSIDERATION OF THE APPROVAL OF AN AMENDMENT TO THE ZONING
ORDINANCE, CHAPTER 25.25.014, TO ALLOW AS A CONDITIONAL USE
ANCILLARY COMMERCIAL USES ON OFFICE PROFESSIONAL (O.P.) ZONED SITES
HAVING LAND AREA OF TWO ACRES OR MORE Case No. ZOA 00-03
(City of Palm Desert, Applicant).
Mr. Smith reviewed the staff report, noting that Zoning Ordinance Review Committee had
worked for quite some time on expanding uses in the Office Professional zone. He said they
waited until an actual application had been received, and there was one filed by Mr. Homme.
He said it was taken through Planning Commission, which had some concerns with some of
the provisions of the Office Professional zone, but they did like the idea of expanding
permitted uses in the Office Professional district on large parcels of land. As a result, this
proposed amendment was before the Council to allow ancillary commercial uses as a
conditional use on Office Professional sites greater than two acres. He noted that Zoning
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Ordinance Review had looked at that revision, concurred with it, and it had subsequently been
recommended for approval by the Planning Commission. He offered to answer any questions.
Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED
to this request.
MR. MIKE HOMME, 46-300 Desert Lilly, spoke in favor of this amendment and said he felt
it was a great opportunity to make a better project with less density.
With no further testimony offered, Mayor Crites declared the public hearing closed.
Councilman Spiegel asked whether two acres was enough. He expressed concern with the two
acre minimum and the office buildings on Fred Waring.
Mr. Drell stated that the office buildings on Fred Waring were typically a third of an acre.
He said the existing Office Professional zone was designed for those small, third of an acre
parcels sandwiched between a residential area and a street.
Councilman Spiegel asked if Mr. Drell was saying there is not much in the City of Palm
Desert south of Country Club Drive that could be included in this.
Mr. Drell responded that there was only one parcel he was aware of, and it was a nine -acre
parcel at the northeast corner of Hovley and Cook Street. He added that this would be a
conditional use, and in any situation where the Council feels it is inappropriate, they do not
need to be approved.
Councilman Spiegel moved to waive further reading and pass Ordinance No. 943 to second reading,
approving an amendment to the subject chapter of the Palm Desert Municipal Code. Motion was
seconded by Benson and carried by unanimous vote.
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XVII. ADJOURNMENT
Upon motion by Benson, second by Ferguson, and unanimous vote of the Council, Mayor Crites
adjourned the meeting at 9:08 p.m. to Closed Session. He reconvened the meeting at 11:00 p.m. and
immediately adjourned with no action announced from Closed Session.
ATTEST:
BUFORD A. CRITES, MAYOR
RACH LLE D. KLASSEN, ACTING CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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EXHIBIT "A"
My name is Lee Meiner and I reside at 302 Serena Drive in Monterey Country Club. I am also
President of our homeowners association.
I would like first to thank Dick Folkers and Mike Errante for meeting with the Board several
months ago to review the City's plan for widening Magnesia Falls and the construction of the
bridge over the San Pascual Channel. At this meeting we were particularly pleased to learn there
would be a no left turn from Magnesia Falls onto Monterey Avenue. Discussed at this meeting
was the speed limit; retaining the No Parking signs along Magnesia Falls; continuing to allow our
vendors to park on the northern side for 600 feet westward from the existing end barrier and
landscape maintenance along our perimeter wall.
Since this preliminary meeting more information has become available to our residents. For
instance, the City anticipates an increase in traffic from 3000 to 7500 vehicles per day. That alone
is an enormous noise impact on our 92 homeowners that border Magnesia Falls.
The Board of Directors of the Association understands the growth of the City necessitates
activating this planned secondary street which has been on the General Plan since the construction
of Monterey Country Club but we would appreciate the Council's cooperation in mitigating the
impact to our residents and would ask that you consider the following:
Reduce the speed limit on Magnesia Falls to 25 MPH in light of the COD Day Care Center and
heavy pedestrian activity along Magnesia Falls;
The addition of speed humps similar to what the City of Rancho Mirage has done for their
residents on Magnesia Falls from Joshua to the shopping center;
Meander the street so that it is not a straight thoroughfare which is conducive to speeding;
Whatever you may do with the asphalt we would hope you would be mindful of a system that
would reduce noise, not increase the noise as would occur with a chip seal or open graded
overlay;
And although we have a perimeter wall it is not sound attenuating which we respectfully request
be rectified within the scope of this project;
And, please, retain the No Parking
Monterey Country Club Association cannot stop the growth of our beautiful City but we do ask
the members of the Council for help so that our residents can maintain their quality of life.
Anything you can do to help us with the mitigation of noise and vehicular air pollution will be
greatly appreciated.
We also appreciate the City's cooperation in accommodating parking for our vendors on the
northern side of Magnesia Falls and would hope that courtesy would continue. We do not have
any available parking within our community for our vendors.
Lee Meiner
4/13/2000
CCK/7
�l. n0
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EXHIBIT "B"
The Fifteenth Annual
Student Art & Essay Contest
"I Believe The Most Important_
Event, Person, or Invention
of The Millennium. Was,.."
AWAR
CEREMONY
Thursday, April 13, 2000
7:00 p.m.
Palm Desert Civic Center
Council Chamber
Sponsored by
The City of Palm Desert
and
The Palm Desert Civic Arts Committee
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PROGRAM
WELCOME
Mayor Buford A. Crites
INTRODUCTION
Sloane Halloran -Lewis, Chairperson
Art & Essay Contest :Subcommittee
DISTRIBUTION OF AWARDS
Mayor Buford A. Crites
Sloane. Halloran -Lewis, Contest Chairperson
COL. ALVIN O. MARK ART AWARD
PAULA N. KROONEN ESSAY AWARD
MAYOR'S SPECIAL AWARDS
2000 PERPETUAL TROPHY.
CLOSING REMARKS
Mayor Pro-Tempore Jim Ferguson
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Art Category - Individual Entries
$50.00 Savings Bond Each
Brigitte Stenmoen, Grade K, Sacred Heart Catholic School
Joseph Pasano, Grade 1, Sacred Heart Catholic School
Christie Curtis, Grade 2, Washington Charter School
Stephanie Sperling,'Grade 3, Washington Charter School
Hipotito Brito, Grade 4, Abraham Lincoln School
Brendan Newcomb, Grade 5, Washington Charter School
Emily. Welts, Grade 6,Sacred Heart -Catholic School
_Kathryn Barthelme, Grade 7,; Patrn Desert Middle School
Molly McIntosh, Grade.8, Palm Desert Middle School
Aaron Seuss, Grade 9, Palrri Desert High School
Monica Fisher, Grade 10, Palm Desert High School
Carissa Studer, Grade 11, Palm Desert High School
Shara Vaughan, Grade 12, Palm Desert High School
Essay Category - Individual Entries
$50.00 Savings Bond Each
Kaelan Ellis -Hernandez, Grade 1, Washington Charter School
Kelly O'Connell, Grade. 2, St. Margaret's Episcopal School
John Connor, Grade 3,. Washington Charter School
Stephanie Bonner, Grade 4, Washington Charter School
Chris Killen, Grade 5, James Carter School
Melanie Fletcher, Grade 6, Sacred Heart Catholic School
William Sanderson, Grade 7, Palm Desert Middle School
Suzy Astie, Grade 8, Sacred Heart Catholic School
Juliet Brastow, Grade 9, Palm Desert High School
Joshua Zazulia, Grade 10, Palm Desert High School
Richard Davis, Grade 11, Palm Desert High School
Diana Immenhauser, Grade 12, Palm Desert High School
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Mural Category .- Group Entries
$200.00 Cash Award
Grade K, St. Margaret's Episcopal School, Ms. Hood
Grade 1, St Margaret's Episcopal. School, Ms. Miller
Grade 2, Washington Charter School,, Ms. Young
Grade 3, Washington_Charter School, Ms. Nishikawa,
Ms. Rush, Ms. Johnson, Ms. Granik,
Ms. Ballard, Ms. Menzel
Grade 4, Washington Charter School, Ms. Royer
Grade 8, PalmDesert Middle School, Ms. Cleland
Cot. Alvin a. Mark Award
$100.00 Savings Bond
Houston Merritt, Grade 4, Washington Charter School
Paula N. Kroonen Essay Award
$100.00 Savings Bond
Michael Wiener, Grade 11, Palm Desert High School
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Mayor's Special Award - Individual Art
$75.00 Savings Bond
Cassandra Hawkins, Grade 4, Carter Elementary School
Mayor's Special Award - Individual Essay
$75,00 Savings Borid
Christine Li, Grade 9, Paim Desert High School_
Mayor's Special Award - Group Art
$75.00 Cash Award __
Grade K, Washington Charter School,
Ms. Morris
Best of Show Awards
Art - $100.00 Savings Bond plus framing by
Express Frame plus
McCallum Theatre Tckets
Yuliana Gastelum, Grade 9, Palm Desert High School
Essay - $100.00 Savings Bond plus framing by
Express Frame plus
McCallum Theatre Tickets
Ryan Hughes, Grade 12, Palm Desert High School
Group Mural = $200.00 Cash Award
plus Toys-R-Us Gift Certificate
Grade 3, Gerald Ford School,
Ms. Laddusaw
2000. Perpetual Award
Trophy plus $400.00 Cash Award
St. Margaret's Episcopal School
Dr. Marcia Slater, Principal
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from `the: ;City - of- Part besert and the .-Palm
Desert Civic,Arrts. Committee- to the following
individuals for` their efforts and. assistance in
making the 2000-Student Art & Essay Contest-.
- a successfui .event.
Evelyn Bennett
Caroline Crescenzi
Dianne Funk
Shay Funk
Paula Kroonen
Sloane Halloran -Lewis
Paul Magloff Dr. Novak Najarian
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AWARD CONTRIBUTORS
The City of Palm Desert and the Palm Desert Civic
Arts Committee gratefully acknowledge the generous
_ contributions of the following. sponsors:
A -Star Rents
Coda Gallery
El l Paseo Business Association
Endicott Enterprises
Express Frame
First Bank
First Community Bank of the Desert.
Gardens on Et Paseo
Imago Galleries
The Keith Companies, Inc.
Dr. and Mrs. William Kroonen
Lowe Reserve Corporation
Mainiero, Smith & Associates, Inc.
Marriott's Desert Springs Resort and Spa
McCallum Theatre
Palm Desert National Bank
Palm Desert Rotary Club
Soroptimist International of Palm Desert
Time Warner Cable
Toys-R-Us
roiNiN
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Pa im Desert .City 'Council
Mayor Buford A. Cries
-Mayor -Pro-Tempore Jim- Ferguson_
Councilmember, Jean. M, i enson
Councilmember Richard S. Kelly
Councilmember Robert A. Spiegel -
Civic -Arts- Committee
-Ms. Sloane' Halioran-Lewis,.; Chair -
Ms., Maureen Thompson, Vice -Chair
Mr. Mel Benjamin
Ms. Evelyn Bennett
Ms. Donna Jean Darby
Ms. Dianne Funk
Ms. Jeanette Lucas
Mr. Paul Magloff
Ms. Janet Muller
Ms. Peggy Steen
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