HomeMy WebLinkAbout2000-05-11MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, MAY 11, 2000
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I. CALL TO ORDER
Mayor Crites convened the meeting at 4:03 p.m.
H. PLEDGE OF ALLEGIANCE - Councilman Richard S. Kelly
M. INVOCATION - Councilman Robert A. Spiegel
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
Carlos L. Ortega, RDA Executive Director
Richard J. Folkers, ACM/Director of Public Works
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. ELIZABETH S. LINDSTROM, 73-520 Woodward Drive, Palm Desert, addressed the Council
and submitted photographs of her back wall and blowing sand from the Marriott development. She
asked that the Council request the Air Quality Management District (AQMD) to set up a PM10 air
monitoring station, noting that at present the Kaufman & Broad residents and the residents of Palm
Desert Greens are not being advised of the amount of dust in the air. She asked that the AQMD
sample, measure, and test the air pollution dust particulates from the Marriott Shadow Ridge Resort
property located at 36-000 Monterey Avenue, Palm Desert. She added that it was her understanding
that 50+ micrograms per cubic meter over a 24-hour period is considered a health hazard and can cause
permanent damage.
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 2000
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Mr. Diaz stated that staff would be meeting with AQMD staff at 1:00 p.m. on Wednesday, May 17, to
discuss this entire situation, and would try to get the PM10 monitoring stations established. He added
that he would contact the residents after the meeting to let them know the status.
Mayor Crites noted that there had been windy days several times in the past few weeks which were
technically called "event days", and when the PM10 guidelines were established for the Coachella
Valley, AQMD set aside certain days when the winds reach certain heights that are not counted in the
annual PM10 levels because the AQMD believes they are simply not containable. He said those were
days in which the winds are high and particulate matter is horrible.
Ms. Lindstrom asked if it would be possible for AQMD representatives to meet with residents of
Kaufman & Broad and Palm Desert Greens in the Palm Desert Council Chamber.
Mayor Crites asked that the City Manager set up such a meeting. In addition, he said County
Supervisor Roy Wilson was this area's representative on the South Coast Air Quality Management
District Board of Directors, and residents had the option of visiting with Supervisor Wilson as well.
Ms. Lindstrom noted that Marriott sent letters to residents on May 8, 2000, with a telephone number
to call. She said Fred East called her as well, and she had a crew at her home both yesterday and today
who cleaned up all the sand.
VL CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of April 27, 2000, and the Special Joint Meeting
of the City Council/Redevelopment Agency of May 3, 2000.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 49, 50, and
50PD Office Complex.
Rec: Approve as presented.
C. CLAIM AGAINST THE CITY (# 4101 by Ruby Abner in the Amount of $490.84.
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant.
D. CLAIM AGAINST THE CITY (#4121 by Russell Marley in the Amount of $704.44.
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant.
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E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Erich J. Kruder for Crystal
Goblet Cellar, 73-200 El Paseo, Suite 3C, Room 1, Palm Desert.
Rec: Receive and file.
F. CITY INVESTMENT PORTFOLIO SUMMARY for the Month Ending March 31, 2000.
Rec: Receive and file.
G. MINUTES of City Committee and Commission Meetings.
1. Citizens' Advisory Committee for Project Area No. 4 Meeting of March 20, 2000.
2. Golf Course Committee Meeting of March 13, 2000.
3. Investment & Finance Committee Meeting of March 15, 2000.
Rec: Receive and file.
H. RESOLUTION NO. 00-50 - A Resolution of the City Council of the City of Palm Desert,
California, Initiating Proceedings to Vacate a Portion of Right -of -Way Known as San Pablo
Avenue Southerly of Catalina Way Under the Provisions of Part 3, Division 9, of the Streets and
Highways Code, and Fixing a Time and Place for Hearing All Persons Interested in or Objecting
to the Proposed Vacation (Mr. Kenneth G. Rexrode, Monarch Marking Systems, Inc., Applicant).
Rec: Waive further reading and adopt.
I. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Traffic Signal
Installation at El Paseo and Larkspur Lane (Contract No. C17740. Project No. 563-99).
Rec: By Minute Motion: 1) Authorize the City Clerk to advertise and call for bids for the
subject project; 2) appropriate $175,000 for this project from the Unobligated Traffic
Signal Fund; 3) allocate $20,000 for staffto purchase signal equipment for the project.
J. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Traffic Signal
Installation at Hovley Lane East and Beacon Hill (Contract No. C17750. Project No. 555-99).
Rec: By Minute Motion: 1) Authorize the City Clerk to advertise and call for bids for the
subject project; 2) allocate $20,000 for staff to purchase signal equipment for this
project -- funds are available in Account No. 234-4621-433-4001.
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K. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Traffic Signal
Installation at Hovley Lane East and Casbah Way at Indian Ridge (Contract No. C 17760, Project
No. 562-00).
Rec: By Minute Motion: 1) Authorize the City Clerk to advertise and call for bids for the
subject project; 2) appropriate $175,000 for this project from the Unobligated Traffic
Signal Fund; 3) allocate $20,000 for staffto purchase signal equipment for the project.
L. REOUEST FOR AUTHORIZATION to Advertise and Ca11 for Bids for the Traffic Signal
Installation at Hovley Lane East and Corporate Way (Contract No. C 17770, Project No. 556-99).
Rec: By Minute Motion: 1) Authorize the City Clerk to advertise and call for bids for the
subject project; 2) appropriate $175,000 for this project from the Unobligated Traffic
Signal Fund; 3) allocate $20,000 for staffto purchase signal equipment for the project.
M. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Traffic Signal
Installation at Hovley Lane East and Warner Trail (Contract No. C17780. Project No. 559-99).
Rec: By Minute Motion: 1) Authorize the City Clerk to advertise and call for bids for the
subject project; 2) allocate $20,000 for staff to purchase signal equipment for the
project -- funds are available in Traffic Signal Fund No. 234.
N. REQUEST FOR AWARD OF CONTRACT for Citywide Palm Tree Trimming (Contract
No. C17430, Project No. 587-00).
Rec: By Minute Motion, award the subject contract to TruGreen Landcare/Golden Bear
Arborists, Inc., Monrovia, California, in the amount of $24,119.45 ($12.85 per tree and
$255.00 per tree removal) plus a ten percent (10%) contingency in the amount of
$2,411.95 for a project total of $26,531.40.
O. REOUEST FOR APPROVAL of Contract for Live Musical Entertainment at the City's July 4,
2000, Independence Day Celebration.
Rec: By Minute Motion, approve Contract No. C17790 with PMG Entertainment,
Palm Desert, California, for the subject event in the amount of $2,500 and authorize
the Mayor to execute same.
P. REOUEST FOR WAIVER of Fees for the Cystic Fibrosis Foundation's "Great Strides"
Walk/Run in the Palm Desert Civic Center Park.
Rec: By Minute Motion, approve the waiver of fees for the subject event scheduled to be
held Saturday, May 13, 2000.
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Q. REQUEST FOR APPROVAL of the "Palm Desert Games."
Rec: By Minute Motion, endorse the concept of the subject event, a sanctioned regional
event of the California Senior Olympics Foundation, and instruct staff to work with
local organizations to organize the event.
R. REQUEST FOR APPROVAL of Final Tract Map 29585 (Krisco, Inc., Applicant).
Rec: Waive further reading and adopt Resolution No. 00-51, approving the Final
Subdivision Map of Tract No. 29585 and approving the agreement relating thereto.
S. REOUEST FOR APPROVAL of Out -of -State Travel for the 2000 HTE Users Group (HUG)
Conference.
Rec: By Minute Motion, approve the subject request for Information Systems Manager
Doug VanGelder for the conference in Orlando, Florida, June 5-9, 2000.
Upon motion by Spiegel, second by Ferguson, the Consent Calendar was approved as presented by
unanimous vote of the Council.
VH. CONSENT ITEMS HELD OVER
None
VDT. RESOLUTIONS
A. RESOLUTION NO. 00-52 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION NO. 93-23 AND
EXPANDING THE BOARD OF THE PARKS AND RECREATION COMMISSION TO NINE
MEMBERS PLUS ONE ALTERNATE.
Mr. Diaz noted that this resolution would expand the board of the Parks and Recreation
Commission to nine members plus one alternate. He stated that Mr. Winklepleck was available
to answer any questions.
Councilman Spiegel noted that the Parks and Recreation Commission had a lot of different issues
currently being considered. He said subcommittees are usually established to review the various
parks that are being proposed, etc., and it would be advantageous to spread the workload. He
noted that each member of the Commission had a part of a park to be reviewed on a by -weekly
basis to make sure everything is working properly. Because of the workload, staff and the
Commission were recommending that the Board be expanded to nine members plus one alternate.
Councilman Spiegel moved to waive further reading and adopt Resolution No. 00-52. Motion was
seconded by Kelly.
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Councilmember Benson stated that she had attended a Safe Communities seminar in Ontario
earlier that day, and one of the comments made by the presenter was that the money invested in
parks and recreation in any city is the cheapest investment that can be made in the youth.
Mayor Crites called for the vote, and the motion carried by unanimous vote of the Council.
IX. ORDINANCES
For Introduction:
None
For Adontion:
None
X. NEW BUSINESS
A. REOUEST FOR APPROVAL OF DESIGN CONTRACT FOR CIVIC CENTER
COVERED PARKING (CONTRACT NO. C 17800).
Mr. Diaz noted the report in the packets and stated that Mr. Conlon was available to answer any
questions.
Councilman Kelly moved to, by Minute Motion: 1) Approve the subject contract with Urrutia
Architects, Palm Desert, California, in the amount of $79,950 for the architectural and structural design of
covered parking structures for the Palm Desert Civic Center plus a ten percent (10%) contingency in the
amount of $7,950 -- project totaling $87,900; 2) appropriate $87,900 from Unobligated General Fund
Revenues for same.
Upon question by Councilman Spiegel, Mr. Conlon responded that staff would be back to the
Council with the preliminary drawings for review and approval prior to starting the working
drawings.
Mayor Pro-Tem Ferguson asked how the architect would know whether to design steel, wood,
or custom masonry.
Mr. Conlon responded that this will be a custom design with a solid roof cover rather than a
wood trellis. In addition, staff would tend to look for a steel structure and not a wood structure
which would require maintenance and painting.
Motion was seconded by Spiegel.
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Mayor Crites stated that he assumed this was an Art In Public Places project as well, and
Mr. Conlon agreed. Mayor Crites asked if it was staffs intent to work with the Art In Public
Places Commission during design rather than after the design work is completed.
Mr. Conlon responded that this project's preliminary drawings would be taken before the Civic
Center Landscape Committee, the Art In Public Places Commission, and then the City Council
for review before construction drawings are begun.
Mayor Crites called for the vote, and the motion carried by unanimous vote.
B. REQUEST FOR APPROVAL OF JOB DESCRIPTION FOR PUBLIC RELATIONS
COORDINATOR.
Mr. Diaz stated that Mrs. Gilligan was available to answer any questions.
Councilman Spiegel moved to: 1) By Minute Motion, approve of the proposed job description for the
subject position; 2) Waive further reading and adopt Resolution No. 00-53, amending Resolution No. 99-55,
"Exhibit A" Salary Schedule, Salary Ranges, and Allocated Classifications for the subject position. Motion
was seconded by Ferguson and carried by unanimous vote.
XI. CONTINUED BUSINESS
A. REOUEST FOR APPROVAL OF PREPARATION OF AN ENVIRONMENTAL IMPACT
REPORT FOR THE MAGNESIA FALLS DRIVE BRIDGE AND EXTENSION (PROJECT
NO. 648-99) (Continued from the meeting of April 13, 2000).
Mr. Diaz noted the report in the packets and stated that Mr. Drell and Mr. Folkers were available
to answer any questions.
Councilman Spiegel moved to, by Minute Motion, approve staffs request to prepare an Environmental
Impact Report using California Environmental Quality Act (CEQA) guidelines for the subject project and
authorize staffto retain an environmental consultant for same (Contract No. C 17810). Motion was seconded
by Kelly.
Mayor Pro-Tem Ferguson stated that the last time a contract came before the Council for design,
the Council decided not to spend any money until it knows for sure whether there is going to be
a bridge there or not. He asked if an Environmental Impact Report would be done if there was
not going to be a bridge.
Mr. Diaz responded that it was necessary to go through the environmental review process before
anything else can be done. He said there would be problems if the Council made the decision to
go ahead with the bridge without going through the environmental review process. He added that
staff had determined that an Environmental Impact Report was needed based on the project
description at this time.
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Councilmember Benson added that the Environmental Impact Report was necessary to establish
the noise level, etc.
Mayor Pro-Tem Ferguson disagreed and said the Council at the last meeting had approved that
portion of the design contract which would find out the very information that would allow the
Council to make a decision to move forward or not.
Mr. Diaz stated that as part of any project, it is necessary to go through the environmental review
checklist, and in this case staff felt the project could have significant adverse impacts on the
environment. In order to make the determination as to whether or not it would have significant
adverse impacts on the environment, it was necessary to do the environmental studies and the
Environmental Impact Report. The EIR would also identify the mitigation measures which are
part of the project. He added that even if the General Plan was amended to eliminate that project,
it would be necessary to do the environmental review checklist.
Mayor Crites added that what was done at the last meeting, which was to ask for some specific
studies, did not constitute sufficient research on the issues identified in the initial checklist, and
Mr. Diaz agreed.
Councilman Kelly noted that this thoroughfare was in the City's General Plan, and in order for
the Council to make an intelligent decision, an Environmental Impact Report must be prepared.
Mayor Crites called for the vote, and the motion carried by unanimous vote of the Council.
B. CONSIDERATION OF ADOPTING AN ORDINANCE EXTENDING FOR THIRTY (30)
DAYS AN INTERIM URGENCY ORDINANCE, PLACING A MORATORIUM ON THE
ACCEPTANCE OF APPLICATIONS AND ISSUANCE OF APPROVALS FOR THE
CONSTRUCTION AND DEVELOPMENT OF ACCESSORY BUILDINGS INREAR YARDS
IN RESIDENTIAL DISTRICTS (Continued from the meeting of April 27, 2000).
Mr. Diaz noted the staff report in the packets and stated that Mr. Steve Smith was available to
answer any questions relative to why the extended period of time was necessary.
Councilman Spiegel asked if 30 days would be sufficient or if staff felt additional time would be
necessary.
Mr. Smith responded that Zoning. Ordinance Review Committee (ZORC) met on this matter the
previous day. He said the Committee brought the issues together and would be making a
recommendation at its next meeting. He said the Committee chose to divide the issue. It
recommended that lots of 40,000 square feet or better go through a Conditional Use Permit
process; for lots smaller than that, it recommended that bonus rooms, garages, and guest houses
not be permitted in the required rear yard. He added that at the conclusion of the ZORC meeting,
the Committee recommended that the Council continue the moratorium until the changes to the
ordinance are in place.
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Mayor Crites asked whether ZORC had an opinion on the item on page 2 of the staff report that
would allow "small structures of 100 square feet or less with a maximum of eight feet in height."
Mr. Smith responded that ZORC came up with five feet of setback and six feet of height for
typical garden storage sheds and non -habitable space. He said this could go to eight feet in height
at eight feet of setback.
Mayor Crites asked if the Committee addressed allowing that to not be part of the moratorium.
Mr. Smith responded that the Committee did not separate that issue out as part of the discussion
on the moratorium.
Mayor Crites asked if staff had a recommendation on that, and Mr. Smith responded that stafl's
feeling was that they are not problem structures. Upon question by Mayor Crites, Mr. Smith
responded that staff did not have a problem excluding those structures from the moratorium.
Councilman Kelly stated that he would not vote in favor if it included those small, legitimate
sheds that have been approved for years and years.
Councilman Kelly moved to waive further reading and adopt Urgency Ordinance No. 945, extending
for 30 days the subject moratorium, amended to exclude non -habitable storage sheds not exceeding 100
square feet in area and eight feet in height. Motion was seconded by Ferguson and carried by unanimous
vote.
C. CONSIDERATION OF AN APPEAL OF A DECISION OF THE ARCHITECTURAL
REVIEW COMMISSION, APPROVING A CHANGE TO THE SIGN PROGRAM AT
WESTFIELD SHOPPINGTOWN PALM DESERT Case No. SA 00-28
(Architectural Design/Sign for Westfield Shoppingtown, Applicant) (Continued from the meeting
of April 27, 2000).
Councilman Spiegel moved to, by Minute Motion, continue the subject appeal indefinitely. Motion was
seconded by Benson and carried by unanimous vote.
XII. OLD BUSINESS
A. REQUEST FOR APPROVAL OF SISTER CITY/ART IN PUBLIC PLACES PROJECT --
GISBORNE, NEW ZEALAND (CONTRACT NO. C17820).
Mr. Diaz noted the staff report in the packets and stated that Mrs. Carolyn Miller was available
to answer any questions.
Mrs. Miller reviewed the staff report, noting that eleven local artists were reviewed for the City
of Palm Desert's Artist -in -Residency program to place a sculpture in the Palm Desert Garden
currently under development in Sister City Gisborne, New Zealand. She reviewed the criteria and
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stated that the Art In Public Places Commission determined that two artists, Steve Rieman and
Michael Watling, met the selection criteria. Both artists presented design concepts to the Art In
Public Places Commission and the Sister Cities Subcommittee for review. The Subcommittee
unanimously recommended Michael Watling as the applicant most representative ofPalm Desert.
Councilmember Benson moved to, by Minute Motion, approve the recommendation of the Sister Cities
Subcommittee to commission Michael Watling as the artist to represent the City ofPalm Desert in the subject
program. Motion was seconded by Spiegel and carried by unanimous vote.
B. CONSIDERATION OF THE BUSINESS FACADE ENHANCEMENT PROGRAM.
Ms. Ruth Ann Moore, Business Support Manager, reviewed the staff report and explained how
several businesses located within the City of Palm Desert wished to improve the appearances of
their establishments, including storefront renovation, signs, doors, windows, awnings, exterior
lighting, landscaping, parking lot, etc.
Mayor Pro-Tem Ferguson said he felt retail businesses should have priority in this program
because they are pedestrian -dependent and generated sales tax dollars to the City. He asked if
staff had any kind of ranking on which businesses would be done first.
Ms. Moore stated that staff did not yet have a ranking system but could take that to the
Committee that will be established.
Council concurred.
Councilman Spiegel moved to, by Minute Motion: 1) Approve of the subject program as outlined;
2) appropriate $250,000 from the Unobligated General Fund for initial funding of the program in the Fiscal
Year 99/00 Budget; 3) direct staff to form the Facade Enhancement Committee; 4) authorize the City
Manager or his designee to execute documents for the Business Facade Enhancement Program to include
construction, easement, and maintenance/insurance agreements with the appropriate business and/or property
owners, with further direction that staff and the Facade Enhancement Committee review the suggestion of
developing a rating system for such applicants based on the retail product or service provided by same.
Motion was seconded by Benson and carried by unanimous vote.
XD1. REPORTS AND REMARKS
A. INFORMATIONAL ITEMS:
1. Progress Report on Retail Center Vacancies
Ms. Ruth Ann Moore noted the report in the packets and offered to answer any
questions.
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B. CITY MANAGER
None
C. CITY ATTORNEY
Mr. Erwin requested a Closed Session at an appropriate time to discuss items listed on the
Agenda. He asked that the Council add three items to the Closed Session Agenda as follows:
Conference with Legal Counsel regarding existing litigation pursuant to Government Code
Section 54956.9(a):
a) Denise Oakley and Denise Weller v. City ofPalm Desert, United States District Court -
Central District of California, Case No. 99-07432MMiM
Conference with Legal Counsel regarding significant exposure to litigation pursuant to
Government Code Section 54956.9(b):
Number of potential cases: 1
Conference with Legal Counsel regarding initiation of litigation pursuant to Government Code
Section 54956.9(c):
Number of potential cases: 1
Councilman Spiegel moved to add these three items to the Closed Session Agenda. Motion was
seconded by Ferguson and carried by unanimous vote.
1) Request for Closed Session:
Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: 100' acres - West ofPalm 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
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Conference with Legal Counsel regarding existing litigation pursuant to Government
Code Section 54956.9(a):
a) Genevieve Court, LLC, v. City of Palm Desert, Consolidated and Coordinated
Superior and Municipal Courts of the County of Riverside, Case No. INC006646
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: 2
2) Report and Action on Items from Closed Session Made at This Meeting.
None
D. CITY CLERK
1. Consideration of City Council Summer Meeting Schedule.
Ms. Klassen requested Council action with regard to the summer schedule for City
Council meetings. She stated that in the past, the Council had held its first meeting in
July and last meeting in August and canceled those two meetings in between.
Councilmember Benson noted that she had read in the newspaper that the City of
Indians Wells has the first meeting in August and the last meeting in September.
Considering that the City of Palm Desert has had instances where it has held three and
four meetings in July, she suggested that the Council consider doing something similar.
Councilman Spiegel noted that he would be out of town for the second meeting in
September.
Mayor Pro-Tem Ferguson noted that the first meeting in July and the last meeting in
August have enormous Agendas, and he has heard a lot of complaints relative to
holding matters up for that eight -week period. He said if there is a demand, the
Council should hold its regular meetings during that period.
Councilman Kelly stated that he enjoyed not having to meet for those eight weeks
during the summer.
Mayor Crites stated that if possible, he would like to have just the first meeting in July
and the second meeting in August. If necessary, the other two regular meetings can
be scheduled.
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With Council concurrence, staff was directed to schedule the City Council summer schedule for 2000
as has been observed in years past (holding only the first meeting in July and the second meeting in August);
if staff determines a need to act on matters during that period, the regular schedule would be followed for
holding such meetings.
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Reauests for Action:
1. Councilman Kelly stated that the City of Palm Desert would be hosting the
League of California Cities division dinner on July 10, 2000, at the new clubhouse
at Desert Willow. He said this was an opportunity to show off the clubhouse to
all of the other elected officials in Riverside County. He asked whether the
Councilmembers felt it would be a good idea to sponsor a nine -hole golf
tournament for the members who attend the dinner. He suggested teeing off at
approximately 4:00 p.m., which would leave time to then attend the dinner.
Council concurred.
Councilman Kelly stated he felt either he or Mayor Crites should send a letter
inviting people to attend this event.
Mayor Crites suggested that the letter be signed by both himself and Councilman
Kelly.
Councilmember Benson noted that because this dinner is scheduled for a Monday
evening, perhaps participants would like to come to Palm Desert for the weekend.
Councilman Kelly stated that he had received a letter from someone asking about
golf cart parking places. He noted that golf cart parking places had been required
for most of the projects approved since initiation of the golf cart program. He
sand the letter indicated that there are no such parking spaces in some of the older
projects and he asked what direction the Council wished to take in this regard.
Councilmember Benson stated that it was her understanding that this person had
a golf cart and was parked in a handicapped space.
Councilman Kelly stated that the writer claimed to be harassed when she parks her
golf cart in a regular automobile parking space. He said the person referred to by
Councilmember Benson was not parking in the handicapped space but in the area
that is striped between two handicapped spaces.
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Councilmember Benson stated she felt the writer had a legitimate complaint and
said she had forwarded her copy of the letter to Mr. Folkers to see if this is
something the Public Works Department could handle.
Mayor Crites suggested that this matter be referred to staff for report and
recommendation.
Councilman Kelly stated that he wanted to be sure the City does something with
this request. He suggested looking at whether there is something that can be done
to encourage existing parking lots to convert several auto parking spaces into golf
cart parking.
Mr. Drell noted that currently golf carts can legally be parked in any designated
parking space other than handicapped unless they are handicapped.
With Council concurrence, this matter was referred to the City Manager for report and
recommendation.
Mayor Pro-Tem Ferguson stated that if something is to be done with this matter,
he would like the Zoning Ordinance Review Committee to look at it as well. He
said with ADA and handicapped parking being what it is, he felt developers might
have a distinct opinion on golf cart parking spaces, and he would like to have
them consulted about this.
o City Council Committee Reports:
1. Councilman Spiegel stated that the Palm Desert Pocket Park would begin
construction on Monday and should be completed by the early part of September.
He noted that a subcommittee of the Parks & Recreation Commission met at the
Homme property and came back with a recommendation to the Commission
(which was approved and forwarded to the Council) that the concept of a trail
head be researched by staff and by the subcommittee and that a final
recommendation will be coming to the Council in approximately a month.
2. Councilman Spiegel noted that at 4:00 p.m. on Saturday, May 13, 2000, eight
groups from various schools would be performing in the Civic Center Park
Amphitheater, including Washington Charter School, Carter Elementary, Lincoln
Elementary, Palm Desert Middle School, and Palm Desert High School. These
groups would be reviewed and used next year to represent the City of Palm
Desert at various events throughout the City. He invited everyone to attend these
performances.
3. Councilmember Benson stated that for those not present at the Washington
Charter School celebration last week, it was very heartwarming to hear all the
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accolades the City of Palm Desert received from teachers for its cooperation with
Washington Charter School. She said many ofthe teachers who spoke had taught
in other districts and indicated they had never worked in a school that was so
cooperative with its city.
4. Mayor Pro-Tem Ferguson stated that he and the City Manager had traveled to
Sacramento several weeks ago to lobby on three bills before the Legislature
designed to reform "local government finance." He said all three bills contained
provisions which would have required a reformulation of sales tax distribution.
Most of the dicta that went along with the legislative intent and the language
explaining the bills seemed to indicate a desire to get rid of a point of sale
distribution in favor of a per capita distribution, which for a city like Palm Desert
would have a devastating effect on the budget. He said Palm Desert and other
cities like it, through their lobbyists, were able to strip most of the substantive
language from all three of those bills; on the final two days they were there, the
intent bills were stripped of any language suggesting that sales tax be redistributed
but simply be looked at as possibly a mechanism that might come.up with more
parity among the big cities and the little cities. He said by and large, he felt there
was success in making this a multiple year process with no guarantees ofwhat the
outcome would be as opposed to three bills this year that were aimed directly at
redistributing the sales tax.
5. Mayor Crites stated that the Sister Cities Committee had a half -day seminar last
Saturday to look at goals, future issues, and programs. It came up with a fairly
lengthy list of ideas that it will be taking both to the Civic Arts Committee and to
the City Council for implementation. He said the City will also be visited by a
person involved with the Sister Cities program from Gisborne, New Zealand, the
following week, and she in turn will be meeting with members of the Committee
and exchanging ideas.
6. Mayor Crites noted that he had an opportunity earlier this week to be one of the
people interviewed for recertification of the Palm Desert Chamber of Commerce
from the National Chambers of Commerce. He said if the questions he received
hinted at the result, there is great satisfaction and pride from the national level
with our local Chamber of Commerce and its accomplishments.
7. Mayor Crites distributed copies of the letter and ballot from Supervisor Wilson
to the people in Bermuda Dunes looking at the annexation/sphere of influence
issues they have been asked to consider. He said Palm Desert would receive
results of those ballots in the near future.
Upon motion by Spiegel, second by Kelly, and unanimous vote, Mayor Crites adjourned the meeting
at 4:57 p.m. for dinner and Closed Session. He reconvened the meeting at 7:00 p.m.
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XIV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
None
XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION TO RECOGNIZE GERRY HUNDT FOR HIS SERVICE TO
FAMILY YMCA OF THE DESERT, RESIDENTS OF THE COACHELLA VALLEY, AND
TO THE CITY OF PALM DESERT (Continued from the meeting of April 13, 2000).
Mayor Crites made a presentation to Mr. Gerry Hundt in recognition of his service to the Family
YMCA of the Desert and the City of Palm Desert.
Mr. Hundt thanked the Council and staff and said he felt Palm Desert was the best -run city in the
Coachella Valley.
B. PRESENTATION RECOGNIZING JANIS LAIACONA FOR HER SERVICE TO THE
CITY OF PALM DESERT AND ITS LIBRARY PROMOTION COMMITTEE.
On behalf of the City Council, Mayor Crites made a presentation to Mrs. Laiacona in recognition
of her service to the City of Palm Desert and its Library Promotion Committee.
C. PRESENTATION OF PROCLAMATION DECLARING MAY 11, 2000, AS
"DR. FRANK G. LAIACONA DAY" IN THE CITY OF PALM DESERT.
Mayor Crites read the proclamation declaring May 11, 2000, as "Dr. Frank G. Laiacona Day" in
the City of Palm Desert and presented the proclamation to Dr. Laiacona.
Dr. Laiacona thanked the Council for this recognition. He noted that he had made copies of the
most significant letters he had received over the last nine years, and he presented these to the City
Council. He said he hoped the spirit of the late Ed Mullins, past owner of Ed Mullins Palm
Desert Pharmacy, would live in these letters and in the hearts of the Councilmembers.
D. PRESENTATION TO THE CITY COUNCIL OF HELEN PUTNAM AWARDS RECEIVED
BY THE CITY OF PALM DESERT.
Mr. Folkers stated that the League of California Cities received three nominations for Palm
Desert in the following areas:
1) Public Works and Transportation for the City's alternate fuel replacement program and
submitted by Tom Bassler. The City received a Certificate ofHonorable Mention and
Appreciation;
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2) Community Eneagement Award for the Landscape Maintenance Guide prepared
cooperatively with the Landscape Specialist and landscape architects in the Valley.
This was submitted by Tom Theobald, and the City received a Certificate ofHonorable
Mention and Appreciation.
3) Land Use and Environmental Oualitv for the water efficient landscape program the City
has had for many years. This was submitted by Spencer Knight.
Mr. Folkers presented the certificates to the Mayor to be placed in an appropriate location at
City Hall.
XVI. PUBLIC HEARINGS
A. CONSIDERATION OF CONFERENCE HOTEL DISPOSITION AND DEVELOPMENT
AGREEMENT BETWEEN THE PALM DESERT REDEVELOPMENT AGENCY AND THE
DESERT WILLOW CONFERENCE CENTER PARTNERSHIP (JOINT CONSIDERATION
WITH THE PALM DESERT REDEVELOPMENT AGENCY) (Continued from the
meetings of March 23, and April 27, 2000).
With Council/Agency Board concurrence, Public Hearings A and B were considered at the same
time.
Mr. Ortega reviewed the staff reports, noting that the agreement for Public Hearing A had been
before the City Council/Agency Board in March and April and would approve the sale of land for
the purpose ofbuilding a conference hotel consisting of250 hotel units and approximately 64,000
square feet of public spaces (meeting rooms, restaurants, hotel retail and related facilities). He
said the 250 hotel units would be distributed between 16 two-story villas, and the conference
center would include approximately 28,000 square feet of meeting space and 405 parking spaces
in a three -level structure. He said the agreement contained the conditions that must be met by
the developer, including the sale of the property by the Agency to the developer, and all the
conditions that must be met before escrow closes on the property. He noted there was also a
time -line within which the project must be built and operational, and there were provisions for
monetary obligations on behalf of the developer if it is not completed in a timely manner.
He stated that Public Hearing B was a new public hearing which was advertised April 16 and
May 3, 2000, in the Desert Sun. He said the recommended agreement had been made available
for public inspection since April26t. He noted that Mr. Jim Grayson of the law firm Richards,
Watson & Gershon, representing the Redevelopment Agency, was available to answer any
questions. He stated that the agreement included the sale of property for a resort hotel as a full -
service hotel consisting of 420 hotel units and approximately 30,000 square feet of meeting rooms
and ballroom facilities, restaurants, hotel retail and related facilities, and a 30,000 square foot
health spa. Additionally, there would be 580 parking spaces in a three -level structure. He said
staff's recommendation was that, as with Public Hearing A, the property be sold to the developer
at a cost of $1, with the City/Agency to provide the utilities necessary to construct and operate
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the hotel on the property. He noted that the agreement contained conditions that the developer
must comply with before the land is turned over, including monetary consequences to the
developer for failing to complete the project as outlined in the schedule of performance. He
offered to answer any questions.
Mayor Crites declared the public hearings open and invited testimony in FAVOR of or OPPOSED to
these projects.
MR. TIM SULLIVAN, Deergrass Drive, spoke as a resident of Palm Desert and General
Manager of Marriott's Desert Springs Resort & Spa, directly across the street from the two
proposed projects. He said there were five points he would like to make to summarize his
concerns and opposition to the projects as proposed as well as the concerns and opposition of
Marriott.
— He said they did not oppose competition and believed competition helped them to
improve. He said his address was not in any way to be construed as an opposition to
the development of hotels across the street from Marriott's Desert Springs on the
Desert Willow project. They did feel a competitive set that is underwritten and
subsidized was an unfair competitive set, and they opposed that.
— He said they believed a tax payer -based subsidy of $3 to $6 million for this project, on
top of the two existing golf courses and the conversation and proposa. around a third
golf course, would give this developer and these hotel operators an unfair competitive
advantage. He stated that golf courses are expensive to design, develop, and build, so
in addition to the $3 to $6 million worth of land that would be turned over to the
developer and the operators, there is the ancillary golf courses and the discussed third
golf coursewhichwould further enable these hotels to succeed.
In terms of hotel segmentation/stratification of markets, the two hotels as being
discussed would directly compete with Marriott's Desert Springs. He said the market
could not be cut in such fine a way that these would bring in a whole new set of
customers and a whole new market of customers; in fact, these hotels would be
designed to compete with and to go after Marriott's customers. He said that would be
okay as long as the rules are the same for everyone, but he felt the subsidization would
give these new hotels an unfair advantage which would result in an unfair pricing
advantage.
He said since its opening, Marriott's Desert Springs had collected $42 million in
occupancy tax for the City and had paid more than $20 million in real estate taxes. He
assumed some of those taxes had found their way into the Redevelopment funds, and
some of the taxes collected and paid would be subsidizing a project that would be a
direct competitor.
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He said they did not philosophically oppose the notion of redevelopment and the
public/private partnership being discussed and, in fact, in many cases Marriott has
embraced that sort of partnership and has been proud to be affiliated with those
partnerships. He said Marriott had developed hotels in some really tough areas and
been a full participant in the renovation of those areas, including the New York
Marriott Marquis in Times Square approximately 20 years ago when Times Square was
desolate. In addition, a hotel was developed in downtown Philadelphia in a
neighborhood that was desolate, and they believed the hotel helped to bring these
neighborhoods back, provided jobs, enhanced real estate values, and truly addressed
the issue of blight in these neighborhoods.
MR. SULLIVAN summarized his comments by stating that if anyone wants to come in and build
a hotel or resort across the street from Marriott's Desert Springs, they would be welcomed. He
said they would ask that the developers do it on the same economic terms that Marriott was asked
to do it on and that the redevelopment financing address areas that are truly blighted. He said he
did not agree that this area of 15 acres between two wonderful golf courses at Desert Willow was
a blighted area. He thanked the Council for the amount of time and attention that had been paid
to this matter during the week. He said this was a friendly skirmish, and he and the Marriott
remained enormous fans of the City of Palm Desert and hoped the end result would leave both
parties feeling they had won and as though the relationship had been enhanced.
MR. ROBERT SONNENBLICK, a principal in the development company proposing these
hotels, stated he wished to address two points brought up by Mr. Sullivan. He said with regard
to subsidies and for the record, Marriott Corporation, as a specific example, was moving forward
on a brand-new luxury resort project in Phoenix. In order to move forward with that project,
Marriott received several million dollars from the City of Phoenix. He said the majority of new
projects being done around the United States were in some form receiving subsidies from the
various cities where they are located. He expressed appreciation to the City Council and staff for
the time and effort put into analyzing this project. He stated for the record that they had greatly
downscaled the size and height of the project to meet the concerns of the people of Palm Desert
and to conform with the Environmental Impact Report.
MR. SULLIVAN stated that he did not have a general opposition to subsidies and to
redevelopment money being used for the development of businesses to help a city survive and to
thrive. He said he had commented to several of the Councilmembers that he felt the idea of the
City participating in the renovation of the facades in many of the restaurants and stores in Palm
Desert was a spectacular initiative and one of those kinds of things he felt truly embodies how
public and private partnerships can work. With regard to the project in Phoenix, which he said
there was nothing yet signed or official, he said it was in an area in Phoenix that was in need of
some development and jobs and was not comparable to these 15 acres being discussed in Palm
Desert. He said he would freely admit that Marriott has accepted redevelopment money and
worked on projects throughout the country, and it has helped to revitalize neighborhoods. He
said that money had been used truly in the spirit of redevelopment money, not simply within the
letter of redevelopment money.
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MS. SHEPPA OLICLAY(sp), spoke as a business owner on El Paseo and stated that she had
come to the United States 20 years ago from the Netherlands because this is a free enterprise
country, and she disagreed with government telling people what to do, how to do it, and when
to do it.
With no further testimony offered, Mayor/Chairman Crites declared the public hearing closed.
Councilmember/Member Benson stated that she had been involved in City government for 25
years, and everything the City has done has been done on a slow and easy course. She said she
voted against the second golf course because she did not feel it was the City's business to be in
competition with other golf courses. She voted against the Intrawest condominiums in that area
because she did not feel the City should be in the development business. She said she did not
think the City should be putting up hotels at this time. In addition, she said she had been involved
with the Convention and Visitors' Bureau for the last ten years and in the travel business for 20
years and had a hard time believing the developers' estimates of 75-85% year-round occupancy
for the hotels because of our location here in the desert. She said she would probably believe
there was a need for more hotels if the current hoteliers asked the Council to build additional
hotels because there was not enough room to put all the people; however, she had not heard that
in this valley. She said the City Councils took their time the first 25 years as far as development,
and she did not think the City should rush the next 25 years to get every piece of land filled. She
added that she felt the City of Palm Desert deserved better than that.
Mayor Pro-Tem/Vice Chairman Ferguson disagreed. He said Palm Desert was incorporated in
1973. Three years thereafter, it was devastated by a flood that absolutely ruined its economy and
washed outmost of the City. Shortly thereafter, in 1978, Proposition 13 passed. Palm Desert did
not have any property tax money to speak of and really had no way to finance itself. Two years
later, in 1980, the State Legislature passed the Redevelopment law, and it did use the word
"blight", but not in the commonly understood sense of the word. He said it was a way to give
local government jurisdictions tax money back from the County to invest into areas that otherwise
would not develop with private dollars. Palm Desert took advantage of that, had a large
bond offering, built the Whitewater Storm Channel to make sure there is never another flood in
Palm Desert again, and slowly started building this community as the retail center of the Valley.
He said the only other way Palm Desert got revenue was from sales tax, and the City receives 1%
of all sales tax dollars that come back to the community. He said about ten to fifteen years ago,
the City Council had the wisdom to understand and foresee that Sacramento controlled the sales
tax dollars. He noted that he had gone to Sacramento two weeks ago with the City Manager and
helped to substantially modify three bills that would have taken Palm Desert's sales tax away.
He said back in the late 1980's, the City Council realized the need to diversify its revenue stream
and not rely solely on sales tax. Thanks in part to the Marriott and the transient occupancy tax
it generated, the Council saw a new revenue source with a 9% transient occupancy tax. Desert
Willow, which was then known as Section 4, was master planned approximately ten years ago,
and it was always designed to have two hotels. The purpose was to give Palm Desert more
transient occupancy tax so it would be less dependent on sales tax. The City has spent $81
million on public infrastructure, land acquisition costs, and development ofthe golfcourses, solely
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to bring hotels to those sites. The two proposals from this developer totaled over $200 million.
The consultant hired to help the City attract hotels indicated that public participation was not
uncommon. He noted the Gardens on El Paseo, a $50 million development, had $5 million of
public participation in building one of the first truly shaded parking structures in the City; this
represented roughly a 10% investment against what private dollars are being put in. The
Palm Desert Town Center had recently been sold, and Councilman Spiegel was working with the
new owners of the mall on an approximately $70 million renovation project, expanding the
anchors and improving the theaters, and the City had been asked and had agreed to put an
approximately $10 million covered parking structure at the back of that facility; this represented
an almost 15% investment against what private dollars are being put in. He said what the Council
was being asked to do with these two proposed hotels was to put in between $2 million and $6
million against a $200 million investment, or a one to three percent investment. He said the
proforma on those hotel properties would generate over $300 million to the City of Palm Desert
over a 30-year period, and that would make sure residents would never pay a tax in Palm Desert
like they do now. He said they would never pay property tax, and the City would never have to
assess taxes against its citizens. He said it was easy for the Councilmembers to be hailed for their
forethought and forward thinking, etc.; however, with that comes responsibility to make very
difficult decisions, particularly decisions that might adversely affect one of the City's best
corporate residents, the Marriott. He noted that he had met with Mr. Sullivan and the Mayor
earlier this week to discuss all of the different reasons why this project made sense for the City of
Palm Desert, and they left that meeting agreeing to disagree on what might be the best for the
future of Palm Desert. He noted parenthetically that the last time this came up and Mr. Sullivan
spoke, the next morning the Indian Wells Tennis Gardens contacted Mr. Sonnenblick to see if he
might be interested in putting a hotel in its community. Indio Hills shortly thereafter contacted
him and said if it didn't work out in Palm Desert, they would like it in their community. He said
the issue was not really one of competition or the competitive set. The hotels will be here, but
the question is where and who will benefit. He said he would want to make sure they are built
in Palm Desert. He said it was unfortunate it was located across the street from the Marriott;
however, he and the other Councilmembers had listened to many complaints several years ago
relative to allowing timeshares at Frank Sinatra and Monterey Avenue and had had to explain to
affected residents that this was part of the growing pains of development, and the project was
considered to be good for Palm Desert. He said he would be voting in favor of this proposal and
firmly believed it was best for the City of Palm Desert.
Councilman/Member Kelly agreed with Mayor Pro-Tem Ferguson. He said times have changed,
and developments have changed. He noted that the timeshares for the Marriott were approved
without mitigation fees; however, across the street in the Desert Willow, the timeshares approved
there had mitigation fees of $3,500 per year per unit forever. He said this might be felt to be a
terrible disadvantage to Intrawest compared to the timeshares across the street. He said if the
hotels do not go at this location, they will be built in some other city. He said no one knows what
the Coachella Valley will look like five or ten years from now because of the changes such as with
Indian gaming and the economy. Palm Desert has put together a plan which has been working
very well, and to make a decision not to approve this agreement would be like dumping the entire
plan.
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Councilman/Member Spiegel stated that at a meeting Mr. Sullivan attended, he had indicated to
the audience that the Marriott hotel annually provides the City of Palm Desert with twice as many
dollars as do all the real estate taxes of all residents in Palm Desert. He said the Marriott was a
really good neighbor. He agreed with Councilman Kelly that times have changed. He said the
Marriott hotel, in and of itself, was and is still primarily owned by limited partners. That was the
way deals were put together when Marriott Desert Springs was built. The only problem is that
the United States government decided to change the rules, and all the nice tax write-offs that
investors had went away. He said the Council had an obligation to the citizens of Palm Desert
to make the community safe, friendly, and useful, and the money must be spent wisely. He noted
that the City does more than just try to raise funds for the citizens; it also gives funds for the
Valley. He said the City of Palm Desert donated 200 acres to Cal State San Bernardino to begin
construction of a four-year college in the Valley because if the Valley is to grow with the right
kinds of jobs, etc., there needs to be an educational process provided to the citizens. He said he
did not consider this particular project to have an unfair advantage
Mayor/Chairman Crites said he understood the corporate position that must be taken by
Mr. Sullivan, and if he was the General Manager of the Marriott he would ask for his employees'
support of that position; however, he found it somewhat disingenuous that it is not a consistent
corporate position. When the City of Palm Desert went to invest $5 million of redevelopment
funds on El Paseo, Marriott did not oppose the project. He said he felt Marriott and the rest of
the City's business community were very happy that the City invested those funds because it
provided a shopping experience for people at Marriott's Desert Springs that is not duplicated
anywhere else in the Coachella Valley. When the Redevelopment Agency went ro spend money
on building those golf courses initially, Marriott was not there to object to the use of
redevelopment funds, and it provided a place for surplus golf, for people from the Marriott hotel
to play golf. When Marriott was invited to develop the timeshare units at Desert Willow across
the street, Marriott did not say no to the development of those timeshares because there was a
subsidy through the process of redevelopment — they said no because they were afraid they
could not get rid of the ones they had, and it turned out to be probably a decision Marriott wishes
it could undo over time. He said when the City of Palm Desert proposed to put $10 million into
the refurbishing of the Palm Desert Town Center, Marriott was not opposed to that use of
redevelopment funds, again because it would benefit from that use. He said with regard to the
comment made by Mr. Sullivan relative to Marriott's funds being used to subsidize a competitor,
this was not Marriott's corporate position, it was Marriott trying a way to make sure it does not
have what it perceives to be competition. He said it reminded him somewhat of a situation
approximately five years ago when the City' s current trash hauler requested a time extension, and
another company came in and said the City should never give people time extensions on their
contract when at the same time that very same company was negotiating time extensions for
themselves in seven other cities in southern California at the same time. He said most
corporations consistently look out for the corporation' s good rather than some philosophical
good that stretches across all communities. He agreed with Councilman Kelly's comments
regarding times and rules not being the same and the fact that the Marriott Corporation ended up
not having to pay an enormous number of fees and ongoing costs for its timeshares, and if the
rules were the same then as they are now, Marriott would be paying those fees and costs. He said
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Marriott achieved its building approval process in a time envelope that was simply unheard of in
the year 2000; in addition, if the Desert Springs project came to the Council today, there would
be enormous traffic mitigation fees to be paid as well as child care fees, Art In Public Places fees,
and other fees that Marriott did not have to pay when the Desert Springs project was approved
approximately 15 years ago. He noted that projects almost exactly like that ofDesert Springs had
come before the City Council, including a 1,000-room hotel project in the same market as
Marriott; there was a lot of enthusiasm for the developer building the project, but the
City Council turned it down. The only reason these two hotels are there is because by expert
economic analysis, they are not in the same exact market niche as the Marriott; instead, one is a
five-star hotel, and the other is boutique/conferences. He said he was reminded that when
buildings on El Paseo were being constructed, the Palm Desert Town Center people were very
much opposed, and when the Palm Desert Town Center was built, people on El Paseo were
opposed. Both groups felt they would be put out of business by the other group, but the end
result of El Paseo, the Palm Desert Town Center, and the College of the Desert Street Fair was
that all three of the groups had ended up being more profitable. Given that, he said he sincerely
did not believe this would provide a long-term disincentive to the Marriott Corporation, and he
would vote to approve this project.
Councilman/Member Spiegel moved to: 1) Waive further reading and adopt City Council Resolution
No. 00-26, approving the sale by the Palm Desert Redevelopment Agency to Desert Willow Conference
Center Partnership of approximately 16.8 acres of real property north of Country Club Drive, west of Cook
Street, and east of Portola Avenue; 2) waive further reading and adopt Redevelopment Agency Resolution
No. 390, approving the' sale to Desert Willow Conference Center Partnership of approximately 16.8 acres
of real property north of Country Club Drive, west of Cook Street, and east of Portola Avenue. Motion was
seconded by Ferguson and carried by a 4-1 vote, with Councilmember/Member Benson voting NO.
B. CONSIDERATION OF RESORT HOTEL DISPOSITION AND DEVELOPMENT
AGREEMENT BETWEEN THE PALM DESERT REDEVELOPMENT AGENCY AND THE
DESERT WILLOW RESORT PARTNERSHIP (JOINT CONSIDERATION WITH THE
PALM DESERT REDEVELOPMENT AGENCY).
This matter was discussed in conjunction with Public Hearing A. Please see that portion of the
Minutes for Council/Agency Board discussion.
Councilman/Member Spiegel moved to: 1) Waive further reading and adopt City Council Resolution
No. 00-54, approving the sale by the Palm Desert Redevelopment Agency to Desert Willow Resort
Partnership of approximately 17.68 acres of real property north of Country Club Drive, west of Cook Street,
and east of Portola Avenue; 2) waive further reading and adopt Redevelopment Agency Resolution No. 393,
authorizing the sale to the Desert Willow Resort Partnership of approximately 17.68 acres of real property
north of Country Club Drive, west of Cook Street, and east of Portola Avenue. Motion was seconded by
Ferguson and carried by a 4-1 vote, with Councilmember/Member Benson voting NO.
With Council concurrence, Mayor Crites called a five-minute recess at 7:46 p.m. He reconvened the
meeting at 7:51 p.m.
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C. CONSIDERATION OF THE CONSOLIDATED PALM DESERT LANDSCAPE &
LIGHTING MAINTENANCE DISTRICT FISCAL YEAR 2000/01 ASSESSMENT LEVY.
Mr. Bassler reviewed the staff report, noting that this public hearing would conclude the existing
district for the year to levy and collect assessments. He said staff had no recommended changes
to the Engineer's Report, and unless something was brought up during the public hearing, staff
would recommend adoption of the Resolutions.
Councilmember Benson asked if this was for just one of the current assessment districts.
Mr. Bassler responded that this was a consolidated assessment district; each sub -zone was
separate in its assessments, levy, and budgeting, but it was all compiled into one report.
Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to
this matter. No testimony was offered, and he declared the public hearing closed.
Mayor Pro-Tem Ferguson moved to: 1) Waive further reading and adopt Resolution No. 00-55,
amending and/or approving the Final Engineer's Levy Report, Fiscal Year 2000/01; 2) waive further reading
and adopt Resolution No. 00-56, ordering the levy and collection of assessments, Fiscal Year 2000/01.
Motion was seconded by Spiegel and carried by unanimous vote of the Council.
XVII. ADJOURNMENT
Mr. Erwin announced for the record that the City Council had placed City Manager Ray Diaz on
administrative leave, and Mr. Ortega had been appointed as Acting City Manager.
With Council concurrence, Mayor Crites adjourned the meeting to Closed Session at 7:55 p.m. He
reconvened the meeting at 9:00 p.m. and immediately adjourned with no action announced.
ATTEST:
I tinkt
RACHELLE D. KLASS , ACTING CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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