HomeMy WebLinkAbout2001-01-11MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JANUARY 11, 2001
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I. CALL TO ORDER
Mayor Ferguson convened the meeting at 4:00 p.m.
H. PLEDGE OF ALLEGIANCE - Councilmember Jean M. Benson
HI. INVOCATION - Mayor Pro-Tempore Richard S. Kelly
IV. ROLL CALL
Present:
Councilmember Jean M. Benson
Councilman Buford A. Crites
Mayor Pro-Tempore Richard S. Kelly
Councilman Robert A. Spiegel
Mayor Jim Ferguson
Also Present:
Carlos L. Ortega, City Manager/RDA Executive Director
Robert W. Hargreaves, Deputy City Attorney
Sheila R. Gilligan, Asst. City Manager for Community Services/City Clerk
Richard J. Folkers, Asst. City Manager for Development Services
Homer Croy, Director of Building & Safety
Phil Drell, Director of Community Development
Paul S. Gibson, Director of Finance/City Treasurer
Rachelle D. Klassen, Deputy City Clerk
V. ORAL COMMUNICATIONS - A
MR. DAVID PUSHKIN, Marriott Vacation Club International, 7400 Shadow Ridge Road, Palm Desert,
provided a status report on the Shadow Ridge project, noting that he would make such further periodic
reports to Council in the future.
MR. JIM LOPEZ, Marriott Vacation Club International Sales, Palm Desert, stated the final phase of
Desert Springs Villas would be sold out within the next 60 days.
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MR. ROBERT COMPTON, 46-537 Manitou Drive, Indian Wells, CA, addressed the Council regarding —
his and his colleagues' investment in the "Going Low" venture based upon the City's support of it.
Mr. Compton felt the City had a moral obligation to reimburse investors who believed the City's support
of the program meant it was credible.
MR. LOWELL SANDLER, also addressed the Council as an investor in "Going Low."
With Council concurrence, staffwas directed to provide an analysis and recommendation for the meeting
of January 25, 2001.
VL CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of December 14, 2000, and the Adjourned Joint
City Council and Redevelopment Agency Meeting of December 29, 2000.
This item was continued to the meeting of January 25, 2001.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 52, 53, 54, 55,
56, 57, 58, 59, 60, 61, 57PD Office Complex, and 61PD Office Complex.
Rec: Approve as presented.
C. CLAIM AGAINST THE CITY (# 4381 by William A. Evans in the Amount of $1,491.09.
Rec: By Minute Motion, reject the claim and direct the City Clerk to so notify the Claimant.
D. MINUTES of City Committee and Commission Meetings.
1. Citizens' Advisory Committee for Project Area No. 4 Meeting of October 16, 2000.
2. Civic Arts Committee Meetings of June 12, July 10, October 9, and November 13,
2000.
3. Golf Course Committee Meeting of November 14, 2000.
4. Housing Commission Meeting of November 8, 2000.
5. Investment & Finance Committee Meeting of November 15, 2000.
6. Library Promotion Committee Meeting of November 8, 2000.
7. Outside Agency Funding Committee Meeting of March 30, 2000.
8. Promotion Committee Meetings of July 18, October 17, November 14, and
November 21, 2000.
9. Public Safety Commission Meeting of November 15, 2000.
Rec: Receive and file.
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E. LETTER OF RESIGNATION from David R. Brody, M.D., as Palm Desert's Representative to
the Joslyn Cove Senior Center Board of Directors.
Rec: Receive with very sincere regret.
F. LETTERS OF RESIGNATION from the Board of Directors of the El Paseo Business
Improvement District.
Rec: Receive with very sincere regret the resignations of Carl Wehrli and Sandra Hartfield
from the subject board.
G. RESOLUTION NO. 01-1 - A Resolution of the City Council of the City of Palm Desert,
California, Setting Forth its Findings and Authorizing the Destruction ofFiles from the Department
of Building & Safety that Have Been Microfilmed (November 2000).
Rec: Waive further reading and adopt.
H. REOUEST FOR AUTHORIZATION to Dispose of Outdated Purchase Order and Check Forms.
Rec: By Minute Motion, authorize disposal of the subject forms.
I. REOUEST FOR APPROVAL of Proposal for Consultant Services to Prepare Nexus Studies to
Support Imposition of Child Care and Bus Shelter Development Impact Fees
(Contract No. C18390).
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.
J. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Installation of
Landscape Improvements at the Entry Circle Island at Desert Willow (Contract No. C18400).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject
project.
K. REOUEST FOR APPROVAL of Contract for Data and Phone Wiring for the Council Chamber
Remodeling Project (Contract No. C18410).
Rec: By Minute Motion: 1) Award the subject contract to INTEC, Palm Desert, California,
in the amount of $8,213.02 for the installation of fiberoptic data and phone wiring and
authorize a ten percent (10%) contingency in the amount of $821.30 — totaling
$9,034.32, 2) authorize the Director of Finance to appropriate said amount from
Unallocated General Fund Reserves.
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L. REQUEST FOR APPROVAL of Change Order No. 2 to Contract No. C16360 — Street, Signal,
and Storm Drain Improvements at Cook Street and Green Way/42nd Avenue.
Rec: By Minute Motion, approve Change Order No. 2 in the amount of $2,000 to the subject
contract with Granite Construction Company, Indio, California, and authorize the
Mayor to execute same.
M. REOUEST FOR ACCEPTANCE OF WORK for Contract No. C16100 — Palm Desert Country
Club Neighborhood Park (Project No. 684-99) (James E. Simon Company, Indio, CA).
Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a
Notice of Completion for the subject project.
N. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C 17570 — 2000 Street Resurfacing
Program (Project No. 752-00) (E. L. Yeager Construction Company, Inc., Riverside, CA).
Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a
Notice of Completion for the subject project.
0. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C17730 — Washington Charter
School Parking and Play Area Improvements (Project No. 705-00) (Cora Constructors,
Palm Desert, CA).
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 AUTHORIZATION to Release Improvement Security for Tract 26553
(Century Vintage Homes, Applicant).
Rec: By Minute Motion, accept the subdivision improvements as complete and authorize the
City Clerk to release the subject improvement securities.
Q. REOUEST FOR APPROVAL of the 2001 Summer of Fun Schedule.
Rec: By Minute Motion, approve the subject schedule as presented in the accompanying staff
report.
R. REQUEST FOR WAIVER of Fees Associated with the Desert Rose Society's Annual
Pruning Exhibition.
Rec: By Minute Motion, waive fees associated with the subject event scheduled to take place
on Saturday, January 13, 2001, in the Rose Garden located at the Palm Desert Civic
Center Park.
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S. REOUEST FOR WAIVER of Fees Associated with Guide Dogs of the Desert's Annual
Fund Raiser.
Rec: By Minute Motion, waive fees associated with the subject event scheduled to be held
on Saturday, March 3, 2001, at the Palm Desert Civic Center Park.
T. REQUEST FOR WAIVER of Fees Associated with the Historical Society of Palm Desert's
Annual Picnic.
Rec: By Minute Motion, waive fees associated with the subject event scheduled to be held
on Sunday, March 4, 2001, at Pavilion No. 1 of the Palm Desert Civic Center Park.
U. REOUEST FOR WAIVER ofFees Associated with the 2001 Palm Desert Dance Under The Stars
Choreography Festival.
Rec: By Minute Motion, waive fees associated with the subject event scheduled to be held
on Sunday, April 8, 2001, at the Palm Desert Civic Center Park.
V. REOUEST FOR APPROVAL of Expenditure for the 2001 Palm Desert Dance Under The Stars
Choreography Festival.
Rec: By Minute Motion, approve an expenditure of $6,000 to underwrite prize money for the
Fourth Annual Palm Desert Dance Under The Stars Choreography Festival scheduled
to be held Saturday, April 8, 2001, at the Palm Desert Civic Center Park — funds are
available in the FY 00/01 Budget in Account No. 110-4418-414-3090.
W. REQUEST FOR WAIVER of Fees for the Palm Desert Senior Softball League.
Rec: By Minute Motion, waive field usage and reservation fees associated with the 2001
Palm Desert Senior Softball League season.
X. REQUEST FOR APPROVAL of Community Development Block Grant (CDBG) Applications
for Fiscal Year 2001/02.
Rec: By Minute Motion, concur with the recommendations of approval by the Outside
Agency Funding Committee and award the subject CDBG funding, totaling $255,000,
as outlined in the accompanying staff report.
Y. PRESENTATION of the City of Palm Desert/Palm Desert Redevelopment Agency Statement of
Investment Policy (Joint Consideration with the Palm Desert Redevelopment Agency).
Rec: Receive and file.
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Mayor Pro-Tem Kelly requested that Item I be removed from the Agenda for separate discussion under
Section VII, Consent Items Held Over, of the Agenda. Councilman Spiegel asked that the
recommendation for Item U be amended to reflect Sunday, April 8, 2001, rather than Saturday. Ms.
Klassen requested that Item A be continued to the meeting of January 25, 2001.
Councilman Spiegel moved to approve the remainder of the Consent Calendar. Motion was seconded
by Kelly and carried by unanimous vote.
VII. CONSENT ITEMS HELD OVER
I. REOUEST FOR APPROVAL of Proposal for Consultant Services to Prepare Nexus Studies to
Support Imposition of Child Care and Bus Shelter Development Impact Fees
(Contract No. C18390).
Mayor Ferguson stated that he would be abstaining from voting on this matter because he
represents an advertiser on the City's bus shelter program.
Mayor Pro-Tem Kelly stated he had asked that this item be pulled because he was opposed to
impact fees for bus shelters and child care. He said he would be voting against this proposal.
Councilmember Benson stated it was her understanding that the City had an account set up where
funds are placed to mitigate child care costs for service workers.
Mr. Drell stated that these impact fees were imposed as a condition of approval for projects in the
City. He noted that AB1600 required that the City prepare a formal study to create a rational
connection between the impact and the fee. He said that without the studies, developers can
challenge the fees imposed by the City.
Mr. Hargreaves stated that if there is to be a standard fee imposed on all development projects in
the City under AB1600, then the City must have the fee study per statute.
Councilmember Benson stated her concern was that there are still a lot of hotel projects to be built
in the City, and there must be some mitigation for all of the workers who come in with their
children. That is why the fee was imposed previously.
Councilman Crites stated that he was not sure it was necessary to have a developer fee for bus
shelters, although he felt there was a strong argument to be made for child care impact fees. He
suggested that this matter be continued for two weeks, with staff to be directed to separate the
issues of child care and bus shelter impact fees.
Councilmember Benson agreed and said she felt there was a need for the hotels and all the big
developers to carry their fair share when there is such a crisis with child care.
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Councilman Crites asked if the City Attorney's office would still believe this type of study would
be appropriate backup if the City is simply looking at certain major developments and doing it
through the CEQA process.
Councilman Crites moved to continue this matter to the meeting of January 25, 2001, with direction to
staff to separate the issues of child care and bus shelter impact fees so they can be adequately considered in their
own rights. Motion was seconded by Spiegel and carried by a 3-1-1 vote, with Mayor Pro-Tem Kelly voting NO,
and Mayor Ferguson ABSTAINING.
VIIL RESOLUTIONS
A. RESOLUTION NO. 01-2 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, FORMALLY ESTABLISHING THE
LIBRARY PROMOTION COMMITTEE.
Councilman Crites moved to waive further reading and adopt Resolution No. 01-2. Motion was
seconded by Spiegel and carried by unanimous vote.
B. RESOLUTION NO. 01-3 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 00-73, EXHIBIT "A,"
SALARY SCHEDULE, SALARY RANGES, AND ALLOCATED CLASSIFICATIONS, BY
ADDING CERTAIN POSITIONS FOR THE PERIOD OF JULY 1, 2000, THROUGH
JUNE 30, 2001.
Mrs. Gilligan noted a typographical error that needed correction. She stated that Mechanic II
should be at Grade 460 rather than 400 as shown on the resolution
Councilman Spiegel moved to waive further reading and adopt Resolution No. 01-3 as amended to
reflect correction of Mechanic II to Grade 460. Motion was seconded by Benson and carried by unanimous vote.
C. RESOLUTION NO. 01-4 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, DENYING AN APPEAL AND AFFIRMING A PLANNING
COMMISSION DECISION TO DENY A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT, A GENERAL PLAN AMENDMENT FROM LOW DENSITY
RESIDENTIAL/INDUSTRIAL TO LOW DENSITY RESIDENTIAL/PARK, A CHANGE OF
ZONE FROM R-1 12,000 TO PR-4/OPEN SPACE, A TENTATIVE TRACT MAP FOR
270 SINGLE FAMILY LOTS AND ONE LOT FOR PARK PURPOSES, A NINE -LOT
TENTATIVE TRACT MAP FOR FINANCING PURPOSES, AND A DEVELOPMENT
AGREEMENT ON 117.5± ACRES AT THE NORTHEAST CORNER OF TAMARISK ROW
DRIVE AND COUNTRY CLUB DRIVE Case Nos. GPA 00-7. C/Z 00-5. TT 29468. TT 29555.
and DA 00-1 (ABD Palm Desert 118, LLC, Appellant).
Mayor Ferguson stated that a request had been received from the attorney for the appellant for
continuance of this matter.
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Councilman Spiegel moved to continue this matter to a date uncertain. Motion was seconded by Crites
and carried by unanimous vote.
IX. ORDINANCES
For Introduction:
A. ORDINANCE NO. 976 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING SECTION 2.16.010 OF THE CODE OF THE
CITY OF PALM DESERT, CALIFORNIA (INVESTMENT AND FINANCE COMMITTEE).
Mayor Pro-Tem Kelly moved to waive further reading and pass Ordinance No. 976 to second reading.
Motion was seconded by Spiegel and carried by unanimous vote.
For Adoption:
A. ORDINANCE NO. 924 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING CHAPTER 5.88, AND REPLACING
CHAPTER 5.89 IN THE PALM DESERT MUNICIPAL CODE REGARDING ISSUING
PERMITS FOR ADULT ENTERTAINMENT ESTABLISHMENTS AND
ADULT ENTERTAINERS.
Mr. Ortega stated there had been no changes to this ordinance since its introduction.
Councilman Spiegel moved to waive further reading and adopt Ordinance No. 924. Motion was
seconded by Benson and carried by unanimous vote.
B. ORDINANCE NO. 975 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT
ZONING MAP, FOR A CHANGE OF ZONE FROM PR-7 (PLANNED RESIDENTIAL,
7 UNITS PER ACRE) TO O.P. (OFFICE PROFESSIONAL) AND A NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES THERETO FOR
2.74 ACRES ON THE NORTH SIDE OF FRED WARING DRIVE 330 FEET WEST OF
FAIRHAVEN DRIVE, 72-600 FRED WARING DRI VE Case No. C/Z 00-07 (Charles K. Sweet,
Kenneth & Vanessa Katz, and William Broz, Applicants).
Councilmember Benson moved to waive further reading and adopt Ordinance No. 975. Motion was
seconded by Kelly and carried by unanimous vote.
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X. NEW BUSINESS
A. REOUEST FOR APPROVAL OF UNDERGROUNDING ON FRED WARING DRIVE WEST
OF ADONIS DRIVE.
Mr. Ortega noted the staff report in the packets.
Upon question by Mayor Pro-Tem Kelly, Mr. Conlon responded that this would take care of all
of Fred Waring Drive west of Adonis Drive. He said the rest ofFred Waring Drive would be done
during the street widening project.
Councilman Spiegel moved to, by Minute Motion: 1) Approve the reimbursement agreement between
Katz/Broz Partners and the City of Palm Desert (Contract No. C 18420); 2) authorize the City Attorney to prepare
the necessary contract documents, stipulating the conditions of the reimbursement agreement for the signatures
of the Mayor and Katz/Broz Partners; 3) approve Southern California Edison (SCE) Work Order No. 6779-7156
07108 in the amount of $112,375 and Work Order No. 6379-7141 07109 in the amount of $10,323 (Contract
No. C18430), contingent upon execution of the aforementioned reimbursement agreement between the City of
Palm Desert and Katz/Broz Partners; 4) authorize the Director of Finance to appropriate $122,698 and a ten
percent (10%) contingency — totaling $134,967 — from Unallocated Capital Project Fund 400 and appropriate the
transfer of $134,967 from the Unobligated General Fund Reserve for same. Motion was seconded by Benson and
carried by unanimous vote.
B. REOUEST FOR AUTHORIZATION TO PURCHASE TELESCOPIC/ARTICULATING
AERIAL DEVICE.
Mr. Folkers explained that this was a boom truck so that employees can more easily work on
traffic signals and replace bulbs in the signals and also in the Civic Center Park.
Mayor Pro-Tem Kelly moved to, by Minute Motion, authorize staff to purchase the subject boom truck
from Altec Industries, Inc., Dixon, California, in the amount of $74,132 — funds are available in the FY 2000/01
Budget, Account No. 110-4250-433-4045. Motion was seconded by Spiegel and carried by unanimous vote.
C. REOUEST FOR APPROVAL OF REIMBURSEMENT AGREEMENT WITH THE
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) FOR THE
FRED WARING DRIVE WIDENING PROJECT (CONTRACT NO. C18440).
Mr. Ortega noted the staff report in the packets.
Councilman Spiegel moved to, by Minute Motion, approve the subject "City of Palm Desert - CVAG
Reimbursement Agreement for Design and Construction: Fred Waring Drive from Highway 111 to Washington
Street, Excluding Portions Outside the City of Palm Desert City Limits" and authorize the Mayor to execute
same. Motion was seconded by Kelly and carried by unanimous vote.
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D. CONSIDERATION OF REQUEST FOR MUNICIPAL FUNDING OF THE ENDOWMENT, _..
INC., FOR THE MC CALLUM THEATRE FOR THE PERFORMING ARTS.
Mayor Ferguson stated there had been a request to hold this matter to the 7:00 p.m. portion of the
meeting for a presentation by a representative of the McCallum Theatre.
At the 7:00 p.m. portion of the meeting and on behalf of the entire City Council, Mayor Ferguson
welcomed President Gerald Ford to the meeting as well as representatives of the McCallum
Theatre.
Mr. Ortega noted the letter from the McCallum Theatre dated January 8, 2001, essentially asking
that the City become a participant in this fund-raising effort to help the Theatre cope with its yearly
losses and to create an endowment fund. He noted that the specific request of the City of Palm
Desert was for a contribution of $5 million.
Mayor Ferguson stated that the McCallum Theatre Subcommittee met with the representatives of
the Theatre on Monday and went through the proposal. It was the recommendation of the
Committee that a long-term, over a period of years, involvement of the City financially was not
as desirable as perhaps a one-time lump sum form of assistance that would provide relief for the
Theatre now as opposed to stretching it out over years. He said the proposal was refashioned to
be a one-time request for assistance of $5 million, and included with that would be debt relief of
the $500,000 previously loaned to the Theatre by the City and forgiveness of the 50% interest
payment. This would be with the understanding that the money go to the Capital Campaign for
$25 million; that an endowment be created, the corpus of which could never be invaded for any
reason whatsoever, which would guarantee the interest income; and with the understanding that,
but for a program by program basis, the City would not be reapproached for operational financial
assistance.
MR. BOB RISHWAIN, Chairman of the Board of Trustees for the McCallum Theatre, agreed that
what Mayor Ferguson explained were the basics of the proposal. He noted that out of the $5
million grant, the City of Palm Desert would be reimbursed the $500,000 plus interest. With
regard to the Capital Campaign for $25 million to be raised over a two-year term, a minimum of
$5 million would come from the Board to cover operating shortfalls of $7.5 million; $5 million
would be raised from the Berger Foundation and the Annenberg Foundation, which had already
committed to those funds, conditioned on the Theatre getting out of debt. He said they were also
hopeful the City would consider this one-time $5 million grant. With that $15 million, the Theatre
would be able to take its endowment, which now had $2.5 million, and get out of debt. He said
this would take the Theatre from $7.5 million in debt, with $2.5 million in an endowment, to $10
million, and that would increase their cash flow $1 million per year. That would then cover the
near -term shortfalls, which were about $1 million per year.
PRESIDENT GERALD FORD stated that he and his wife had been involved with the McCallum
Theatre from the outset, helping to raise the initial construction money, contributing their own
resources. He said he had been active in the Presidents' Club, raising about $300,000 per year.
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Mrs. Ford had been active in The Muses, which was a comparable organization for the women.
He said they felt the McCallum Theatre was a "jewel", not only in Palm Desert but in the
Coachella Valley. He said they were encouraged by the $2.5 million commitment from the
Annenbergs and the $2.5 million from the Berger Foundation, all contingent on the Theatre getting
out of debt.
MR. RISHWAIN noted that the Theatre had been constrained by lack of good management since
its inception; however, it now had professional management at every level.
Upon question by Mayor Ferguson, Mr. Rishwain stated that their annual shortfall is actually $2.5
million; however, they are able to recover $1.5 million of that very easily from great events
annually (including galas and golf tournaments) and donations. He said the Board was committed
to doing whatever necessary to make the McCallum Theatre successful. He noted they were very
close approximately a year ago to deciding whether to convert the Theatre from a performing
theater to a leased theater and closing it down; however, they felt that was not the vision its
founders had and decided to step forward and make it happen. He said they had talked with the
Cities of Indian Wells and Rancho Mirage, and they were both waiting to see what the City of
Palm Desert would do.
Councilmember Benson, liaison to the McCallum Theatre Board ofDirectors, stated she had seen
a great turnaround in the staffing and in the attitudes of the Board Members, and they had finally
faced up to the reality that this is something that has to be addressed. She said the last two years
was the first time the McCallum had been able to get certified audits that showed everything was
on the up and up. Every penny spent is now being accounted for. She said she felt there was
finally a solution that would address the Theatre's problems and make it the economic asset that
it is to not just the City of Palm Desert but the entire Valley as well.
Mayor Ferguson stated that he wished to verify the accuracy of a statistic he had heard that the
Board of Directors, throughout the history of the Theatre, had individually and through their
efforts raised in excess of $40 million to try and stabilize the Theatre financially.
MR. TED GIATAS agreed and said that included the original construction of the building and
operations over the years.
Councilman Spiegel stated that he had supported the McCallum Theatre since its inception and
was in favor of getting rid of the debt and would enthusiastically vote in favor of forgiving the debt
and the interest owed the City. He noted that the City annually gives the McCallum Theatre
$125,000 for the educational programs it puts on for the students in the Coachella Valley. He said
it was difficult for him to approve a $5 million grant. With approximately 37,000 residents in the
City of Palm Desert, that comes to about $130 per person or $600 for an average family of four.
He said he could not vote to spend $600 for every family's budget for the McCallum Theatre.
Mayor Pro-Tem Kelly concurred that the McCallum Theatre is a "jewel" for Palm Desert and the
Coachella Valley. He said he would personally like to see some other way of accomplishing this,
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such as adding a half -cent to the hotel transient occupancy tax (since Palm Desert is already the
lowest in the State of California), to have an ongoing amount of money dedicated for the Theatre.
He said he was not sure whether the City should give $5 million in one lump sum. He added that
he felt it was important for the Council to look to its constituents to make sure it is doing what the
citizens want. He said he hoped the Council did not have to make a decision at this meeting and
would have a chance to look at where this money will come from and what other services or
investments the City would have to decide not to fund in order to make this investment. He said
if the City Council decides to make a lump -sum contribution of $5 million, it would look to the
McCallum Theatre to help make sure its constituents feel it is a good thing. He said he would
want to be sure to explore all of the different ways the City could come up with the money, and
he said he was dedicated to finding some way to help the McCallum Theatre stay solvent over the
years.
Councilmember Benson said, as a representative of the CVB, she did not feel increasing the
transient occupancy tax would be a good idea in the sense that Palm Desert does get a lot of
business in its hotels because it does have the lowest transient occupancy tax. She said it would
impact the decision of conventions as far as where they stay. She said she would be in favor of
using redevelopment funds for the grant, and it was her understanding from Mr. Ortega that
redevelopment monies could be used. She added that she would like to see something happen now
while the Board is committed rather than prolonging the process through study after study.
Mayor Pro-Tem Kelly said it would be a lot more palatable to him if redevelopment funds were
used.
Mayor Ferguson clarified that this would be from redevelopment funds. He said the $500,000 loan
would not be forgiven, it would be repaid in General Fund dollars to the City. The redevelopment
money would be redevelopment grant money, and the City's Redevelopment money is really the
County's money that the law allows the City to use for projects. He said he had met with
Redevelopment Agency Counsel and the Agency Director, and this would be redevelopment
money.
Mayor Pro-Tem Kelly said he understood very clearly that if the McCallum Theatre was being
built today, it would be clearly justified to use redevelopment funds. He asked how that would
be worked out at this stage of the process.
Mr. Ortega stated that if the Council so directed him, he could bring back a report with
justification of the contribution of redevelopment funds.
Mayor Ferguson added that when the Subcommittee met with the Theatre representatives, it was
made very clear that if this was General Fund money, the City was not interested in trying to do
something.
Councilman Crites stated he felt the credibility of a performing arts center relies on its consistency.
He said he admired the people on the Board who had again chosen to add significant dollars to
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keep the McCallum Theatre running. He added that he hoped the City Manager would be asked
to look at a redevelopment perspective on funding, at the same time having to determine what
programs will have to be delayed or abandoned because ofthis funding. With regard to increasing
the hotel tax, he said he did not remember ever choosing a hotel based on its transient occupancy
tax rate. He said if the City were going to look at a transient occupancy tax increase, he personally
felt the City should be looking not just at the McCallum Theatre but at a number of related issues
the City feels are important that primarily benefit visitors to Palm Desert. He would also suggest
having a written agreement that those monies would come back to the City of Palm Desert out of
the increment from the increase in the transient occupancy tax. He asked that the City Attorney
and City Manager look at drafting such an agreement. He said he had noticed that the City of
Indian Wells had found education to be part of its "generosity package" and that he hoped it and
the City ofRancho Mirage could also find the spiritual/cultural values ofthis community to be part
of that as well. He said he felt the McCallum Theatre was an important part of the community and
was one of the things that makes Palm Desert special and makes it not only a truly resort
destination but a wonderful and memorable place to come and live, have a business, and raise a
family.
Mayor Ferguson stated that redevelopment money was designed to funnel investments into
developments and redevelopments within a community that private sector investments cannot
sustain on their own. He said to him there was no better definition of a redevelopment project
than assisting the Theatre financially. He said, using Councilman Spiegel's formula, the City of
Palm Desert had invested $9,600 per family in building Desert Willow and $600 per family on a
parking structure on El Paseo, and it was going to spend $1,200 per family on a parking structure
at the Westfield Shoppingtown. He felt it was easy for people to see the nexus between sales tax
and a parking garage, while it was more difficult to see the nexus between the economic
importance of a theater in the community. He said to his knowledge, the City had never put a vote
to the people as to how to spend its redevelopment money. He felt the Council needed to take
action now rather than waiting until November to raise the transient occupancy tax, which he was
not convinced the City needed to do, and he did not think General Fund monies should be used
for this purpose.
Mayor Pro-Tem Kelly stated that it was his understanding that what Councilman Crites proposed
was using redevelopment funds for this project and then relating an increase in transient occupancy
tax to that so that the City would get back General Fund monies which could be used any way it
chose.
Councilman Crites stated that if increasing transient occupancy tax was a good idea, he felt the
City should look at the McCallum Theatre and other things it might find to be appropriate and then
do as the City has done with other projects (such as the College and the Library, where the money
has gone in and then the increment that would normally go to the College for the Library comes
back to the City to pay it back for what it put in to build that facility). He said the money gets paid
up front out of redevelopment and potentially comes back as General Fund money.
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Mayor Ferguson stated he felt a sense of urgency with this matter. He said if the City directs
redevelopment money to go now, and then it looks at possibly increasing the transient occupancy
tax, and whether it succeeds or not, the McCallum still has its money and can forward. He said
he would be in 100% agreement of this plan.
Councilman Spiegel stated that what needed to be determined was whether redevelopment monies
could be used and what projects would have to be postponed or cancelled because of this
redirection of monies.
Councilman Crites moved to, by Minute Motion, direct staff to look at: 1) justification by law of this
expenditure; 2) a listing of priorities within the City/Redevelopment Agency budgets for the future and the ways
in which those will be balanced; and 3) entertaining an adjustment in the transient occupancy tax with this and
other projects to be determined as a possible way of recouping the City's funds.
Mayor Pro-Tem Kelly suggested adding direction to staffto: 4) provide the Council with a chronological
history of the McCallum's funding efforts and financial condition. Councilman Crites agreed to add this to his
motion.
agreed.
Councilmember Benson stated she would not want to see Council's decision to grant or not grant
the funding to the McCallum Theatre delayed while it determines whether or not to increase the
transient occupancy tax.
Councilman Crites said he felt this information could be compiled for the next City Council
meeting of January 25, 2001.
Mayor Ferguson asked that analysis of bonding capacity be added to the motion, and Councilman Crites
Councilmember Benson seconded the motion, and it carried by unanimous vote.
In summary, Councilman Crites moved to, by Minute Motion, direct staff to return to the Council's
meeting of 1/25/01 with the following as they pertain to the subject funding request: 1) Review of legal
justification for contributing redevelopment funds; 2) a listing of existing and future RDA funding priorities;
3) entertaining an adjustment to the Transient Occupancy Tax (TOT) for this and other projects to be determined
as a way to recoup funds; 4) analysis of bonding capacity; 5) chronological history of the McCallum's funding
efforts and financial condition. Motion was seconded by Benson and carried by unanimous vote.
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XI. CONTINUED BUSINESS
A. CONSIDERATION OF AN APPEAL TO ADECISION OF THE ARCHITECTURAL REVIEW
COMMIS SION, APPROVING RELOCATION OF THE BUILDING' S EAST WALL SIGN TO
BUILDING'S EAST FASCIA; AN EASIER -TO -READ FONT TYPE; A
NON -ILLUMINATED, PINEAPPLE -SHAPED LOGO BOX; AND THE USE OF REVERSE
CHANNEL LETTERS (I.E. WHITE HALO LIT) INSTEAD OF THROUGH -THE -FACE, RED,
ILLUMINATED LETTERS FOR HOSPITALITY DENTAL ASSOCIATES LOCATED AT
77-900 FRED WARING DRIVE Case No. 00-86 SA (DGI Signs for
Hospitality Dental Associates, Applicant) (Continued from the meeting of December 14, 2000).
Associate Planner Martin Alvarez reviewed the staff report, noting that the applicant was
requesting approval to relocate the existing script -font, reverse channel letter sign from the east
wall to the east fascia, with the sign itself to be changed to an easier -to -read font and through -the -
face illumination. He said the Architectural Review Commission, at its meeting of October 10,
2000, denied that request but approved a modified sign on the proposed location to allow for an
easier -to -read font with block letters but to keep the existing illumination. He noted a correction
to the third recommendation in the staffreport and stated it should be an internally -illuminated box
rather than non -illuminated. He offered to answer any questions.
MR. SKIP BERG, 55-020 Oak Tree, La Quinta, said he represented Hospitality Dental
Associates, who really wanted to have illuminated channel letters with plastic faces rather than
reverse channel letters as approved by Architectural Review Commission. He said he could not
find in the City's Code where this was not allowed. He noted a correction to what staff reported
and said that set ofletters on the east was not lit and that the lighted set ofletters was on the south
elevation. He said his client would like to remove both existing signs and have two new signs.
He noted that the original ruling was that if a set of letters was going to be put on the east
elevation, it should match what is on the south elevation; however, the client decided to put up
two new sets of letters and remove the existing signs. As far as concern with the lighting causing
problems for adjacent residents, he noted that the only residential area was to the north of this
building, with walls and buildings between them, so the light would not be a problem. As far as
the issue with the red color, he said he had advised his client to use white or off-white instead, and
it was agreed upon. He added that the trellis on the building would also be removed so that there
would be two new, clean signs on the building.
Councilman Crites asked whether all of these arguments had been presented to the Architectural
Review Commission, and Mr. Berg responded that all but the issue of the red color had been
presented.
Councilman Spiegel asked if there was a possibility the Architectural Review Commission would
look at this request differently if the matter were referred back based on the white lettering, etc.
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Mr. Drell responded that it was possible the Commission would look at it differently. He added
that he felt it would be a shame to remove the trellis because it had positive aesthetic features for
the building.
Mr. Berg noted that the tenant in this building prior to his client was First Interstate Bank, and it
did have plastic -faced channel letters.
Councilman Spiegel moved to, by Minute Motion, refer this matter back to the Architectural Review
Commission based on the changes to the proposed signage, including color. Motion was seconded by Crites and
carried by unanimous vote.
XII. OLD BUSINESS
A. CONSIDERATION OF REQUEST RELATIVE TO THE PINES TO PALMS MARATHON.
Community Affairs Specialist Pat Scully noted the staff report in the packets and stated that Mr.
David Ronco, organizer of the event, wished to address the Council. She said Mr. Ronco's initial
request was that the City Council issue a resolution supporting and endorsing this event. Staff s
recommendation was to deny the request, as only approximately one and a half miles of the entire
event would take place within the city limits of the City ofPalm Desert. She said the Public Works
staff and public safety agencies representing the City were uncomfortable and recommended that
the City decline taking a lead role until such time as CalTrans and State agencies step forward and
endorse the event.
MR. DAVID RONCO, 2161/2 Tenth Street, Seal Beach, California, reviewed his proposal (on file
and of record in the City Clerk's Office), noting that the marathon would begin in Pinyon Pines
and end one block south of El Paseo in Palm Desert. He said this would be an annual event that
would take place the third Sunday of May. He said the primary function of the event would be
to raise funds to be utilized to support future Olympic -class American marathon runners. He said
he had met on two occasions with those responsible for the safety and well-being of the City of
Palm Desert, and he felt all of the key issues had been mitigated, including: 1) Agreement to
provide uniformed officers at key intersections; 2) Agreement to have American Medical Response
confirmation of attendance; 3) event parking as confirmed by the Westfield Shoppingtown; and
4) including of the City of Palm Desert as additionally insured in the amount of $2 million.
Mayor Ferguson stated that although the staffreport indicated Mr. Ronco had almost no approvals
from the County, public safety agencies, fire department, Westfield Shoppingtown, etc., Mr.
Ronco was telling the Council that every issue was taken care of.
Mr. Ronco said he felt the problem was that he was not very good at communicating these things
to staff.
Mayor Ferguson asked if Mr. Ronco felt he could get better at communicating these things and
come back to the Council at a later date.
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Mayor Pro-Tem Kelly stated that although a mile and a half of the event would take place in Palm
Desert, it was still being run on a State highway, and it was necessary for the State to approve the
event.
Mayor Ferguson said it was his understanding that the State required permits from all jurisdictions
affected.
Mr. Ronco agreed that the event needed to be approved by the State of California.
Mayor Ferguson stated that the Council was not in a position to go through all of these issues at
this meeting. He suggested that the matter be continued in order for Ms. Scully to look at Mr.
Ronco's documentation and augment her report to the Council.
Mr. Ronco stated that he had documentation from CalTrans indicating that the event is
conditionally approved and requires consent from all jurisdictions affected. He said he was not
asking for sanctions or for Palm Desert to be a sponsor of the event.
Councilman Spiegel asked whether Mr. Ronco had spoken with the Presbyterian and Episcopal
churches on Highway 74, and Mr. Ronco stated that he had not done so but did not foresee any
problems. Councilman Spiegel noted that the first service at the Episcopal Church is 8:00 a.m.
on Sunday mornings, with the first service at the Presbyterian Church starting at 9:15 a.m., and
Mr. Ronco was requesting closure of streets from 7:15 a.m. to 9:30 a.m. He said this would cause
problems with church -goers.
Mr. Ronco stated that he did not anticipate those streets would be closed.
Councilman Crites said he could not personally imagine voting for something like this without
seeing an incredible amount of detail in terms of what the event organizer is planning to do as far
as traffic control, public safety for runners, bicyclists, spectators, etc. He said there had also been
problems with a race on that highway fairly recently, with signs and debris left behind. He said he
felt the Council would be somewhat derelict in its duties if it did anything but deny the request at
this time without a staff recommendation endorsing the event.
Councilman Crites moved to, by Minute Motion, continue this matter to a time uncertain. Motion was
seconded by Spiegel and carried by unanimous vote.
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B. PRESENTATION OF UPDATE RELATIVE TO CIVIC CENTER CARPORTS PROJECT.
Mr. Ortega noted the staff report in the packets.
Mr. Conlon reviewed his report, noting that the structural design of the carports had been revised
and the costs brought down from approximately $37 per square foot to $30 per square foot.
Mayor Ferguson stated that it was his understanding that Council had decided to do the remote
parking lot and just the center aisle, with a request that it be done more akin to the architecture
of the Civic Center.
Mr. Conlon agreed and said that was the design Council instructed staff to get prices for. He said
it would be made of steel with a solid roof and split -faced masonry. He said the estimated total
cost for the 80 parking spaces in the north parking lot was $695,547, a savings of approximately
$196,000 from the original price. The cost for just the center row of the Civic Center main
parking lot would be $388,941. The price to do all 152 spaces in the Civic Center main parking
area would be a little over $1 million.
Upon question by Mayor Ferguson, Mr. Conlon stated that the cost of the structure would for the
80 spaces next to the Skate Park in the north parking lot would be $556,757. Adding in the site
work cost of $1,734 per space would bring the total to $695,457. He said the total cost to do just
the center aisle of the Civic Center main parking area would be $3 88,941. He added that the cost
per space for the north parking lot would be more because of the need to expand the median in
order to install the columns.
Councilmember Benson suggested that the Council approve the 58 spaces down the center ofthe
main parking lot to begin with to make sure it likes that design before spending $1 million.
Councilman Spiegel and Mayor Pro-Tem Kelly agreed.
Councilmember Benson moved to, by Minute Motion, authorize staff to proceed with the carports for
the center aisle of the Civic Center main parking lot, 58 spaces at a cost of $388,941. Motion was seconded by
Spiegel and carried by unanimous vote.
XIII. REPORTS AND REMARKS
A. INFORMATIONAL ITEMS:
1. Progress Report on Retail Center Vacancies
Ms. Moore noted her report in the packets and offered to answer any questions.
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2. Status Report on the Multi -Species Habitat Plan
Mr. Ortega noted the report in the packets with the Coachella Valley Multiple Species
Habitat Conservation Plan/Natural Communities Conservation Plan Update.
Mayor Pro-Tem Kelly said his understanding was that the level of assessment being
considered right now was the same as the Fringe -Toed Lizard at $600 per acre.
Mr. Drell responded that $600 per acre would not raise the minimum of $50 million,
which is the smallest alternative. He said if that is the fee decided upon, there would
probably have to be a variety of additional local funding sources.
Councilman Crites stated that he had never heard any discussion about $600 being the
fee for implementation of the plan. He said he had never heard from the Building
Industry Association or from anyone else.
Mayor Pro-Tem Kelly said he would be interested in knowing what figures were being
considered as appropriate by the various participants, such as the Department of Fish
and Game.
Councilman Crites stated that part of it would depend on how much money the State
and Federal Governments were willing to put in. He said Ed Kibbey's issue was going
to be that the BIA should put in part of it, but existing local residents should put in part
as well because everyone benefits by it. He added that right now the various agencies
were looking at the proposed options and would come back with a "preferred" option.
That would generally tell how many acres would be covered. Once it is known how
many acres and species are covered, the cost options could be determined.
Mayor Pro-Tem Kelly stated that it seemed to him a very small part of the problem was
in the city limits of Palm Desert as far as affecting endangered species, and he did not
feel residents of the City of palm Desert should have to pay anything.
Councilman Crites noted that those were some of the issues currently being pursued.
Status Report on the Magnesia Falls Drive Extension
Mr. Folkers stated that on December 13, 2000, Terra Nova presented 150 notices of
availability to impacted residents or people who had contacted the City. Draft copies
of the EIR were available in the Departments of Public Works, Building, and Planning
as well as at the Library. Drafts were also presented to approximately 20 different
agencies and associations, including Monterey Country Club Homeowners Association,
Portola Palms Homeowners Association, and Palm Desert Mobile Estates. He said staff
was available to answer any questions, and he noted that a public hearing would be set
for March 8, 2001.
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B. CITY MANAGER
1. Reauest for Approval of the Donation of Surplus Office Equipment Relative to the
North Wing Remodeling Project.
Mr. Ortega noted the staff report in the packets and offered to answer any questions.
Councilman Spiegel moved to, by Minute Motion, approve the donation of excess office furniture and
miscellaneous items from the North Wing Tenant Improvement Project to the Desert Willow Golf Resort, Family
YMCA of the Desert, and the Foundation for the Retarded. Motion was seconded by Kelly and carried by
unanimous vote.
C. CITY ATTORNEY
Mr. Hargreaves requested a Closed Session at an appropriate time to consider items listed on the
Agenda. He also asked that the following item be added to the Closed Session Agenda:
Conference with Real Property Negotiator pursuant to Government Code Section 54956.8:
Property: APN 640-080-008 (Booster Station)
Negotiating Parties:
Agency: Carlos L. Ortega/City of Palm Desert
Property Owner: Palm Desert Redevelopment Agency
Under Negotiation: x Price x Terms of Payment
Councilman Spiegel moved to add this item to the Closed Session Agenda. Motion was seconded by
Kelly and carried by unanimous vote.
1) Reauest for Closed Session:
Conference with Real Property Negotiator pursuant to Government Code Section 54956.8:
1) Property: Lease Property - Parkview Professional Office Buildings,
73-710-720 Fred Waring Drive, Palm Desert, CA 92260
Negotiating Parties:
Agency: City of Palm Desert/Paul S. Gibson, Finance Director
Property Owner: City of Palm Desert
Other Parties: State of California - Assembly Rules Committee
Under Negotiation: x Price x Terms of Payment
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2) Property: Lease Property - Parkview Professional Office Buildings,
73-710-720 Fred Waring Drive, Palm Desert, CA 92260
Negotiating Parties:
Agency: City of Palm Desert/Paul S. Gibson, Finance Director
Property Owner: City of Palm Desert
Other Parties: State of California - Senate Rules Committee
Under Negotiation: x Price x Terms of Payment
3) Property: Lease Property - Parkview Professional Office Buildings,
73-710-720 Fred Waring Drive, Palm Desert, CA 92260
Negotiating Parties:
Agency: City of Palm Desert/Paul S. Gibson, Finance Director
Property Owner: City of Palm Desert
Other Parties: Joe McMillin, Attorney at Law
Under Negotiation: x Price x Terms of Payment
4) Property: Property located east of Cook Street, north of Dinah Shore Drive
Negotiating Parties:
Agency: Carlos L. Ortega/City of Palm Desert
Property Owner: Basic Capital Management
Under Negotiation: x Price x Terms of Payment
Conference with Legal Counsel regarding existing litigation pursuant to Government
Code Section 54956.9(a):
a) 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
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D. CITY CLERK
1. Reminder to Adjourn this Meeting to Monday, January 15, 2001, at 10:00 a.m. for the
Purpose of Conducting Committee/Commission Applicant Interviews and
Appointments.
Ms. Klassen reminded the Council to adjourn this meeting to 10:00 a.m. on Monday,
January 15, 2001, for the purpose of conducting Committee/Commission applicant
interviews and appointments.
2. Request to Set Meeting for the First Session of the Annual Budget Process.
Ms. Klassen asked the Councilmembers to consider setting a date for a Budget session
in the very near future.
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Consideration of Request by the League of California Cities to Certify Reduction
of Energy Use (Councilman Buford A. Crites).
Councilman Crites noted the letter from the League of California Cities for
reduction of energy use by cities. He noted the Governor's goal of 7% energy
conservation for the State of California and stated the letter asked the cities to be
willing, on a municipal basis, to commit to doing 5% energy conservation, with
certification of this commitment to be made by January 16, 2001, which is prior to
the next regularly scheduled City Council meeting.
Councilman Crites moved to add this item to the Agenda. Motion was seconded by Kelly and carried
by unanimous vote.
After discussion, Councilman Crites moved to, by Minute Motion: 1) Certify that the City ofPalm Desert
would do everything possible within the municipal system to reduce energy use by no less than 5% with a goal
of meeting the Governor's request for a 7% reduction, asking staff to return to the Council with a report on how
such reduction will be verifiably obtained; 2) direct that a letter be sent to the City's major energy users (i.e.
Marriott's Desert Springs, Westfield Shoppingtown Palm Desert, The Gardens on El Paseo, Desert Crossing)
providing examples of how such reduced use can be achieved; 3) provide information to residents in upcoming
issues and/or a dedicated issue (as was done with the issue on utility deregulation) of the City's newsletter on
measures being undertaken by the City, suggested methods for residents to reduce energy use, and the relationship
between deregulation and impacts of the present situation. Motion was seconded by Spiegel and carried by
unanimous vote.
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Mayor Ferguson stated he would like to send to both legislators a copy of the
City's newsletter from 1997 which focused on energy issues and urged residents
not to go with new start-up energy provider companies, like Commonwealth.
o City Council Committee Reports:
1. Mayor Pro-Tempore Kelly reported on a conference call he participated in
regarding a ballot measure to protect city revenue. He said another meeting was
scheduled for 30 days from now.
2. Councilman Crites reported on CVAG's Energy & Environment Committee's
discussion on energy rates. He said discussions were going to take place with
Dick Cromwell of SunLine, Corky Larson of CVAG, and County Supervisor
Wilson to explore several items, all related to energy, including: potential municipal
ownership, aggregation, generation, cogeneration, new local power plants on
County land, the California Energy Commission, San Diego's Community Energy
Partnership, Santa Monica, practices in Great Britain (i.e. tags providing energy
efficiency information on new homes) and how such practices might be
implemented locally.
3. Councilman Spiegel reported that the CVAG Public Safety Committee discussed
the income going to the State from tribal compacts and the future impact of the
new casino at Ramon and Bob Hope Drive. He said the Committee would be
sending a letter to the State requesting some of those compact funds to handle the
impacts to be borne by local jurisdictions when the new casino opened.
Councilman Spiegel reported from the Parks & Recreation Commission that
Coachella Valley Recreation and Park District (CVR&PD) Executive Director Don
Martin had been working with high school students to explore the need for a teen
center. Said center would incorporate table games, computer stations, big screen
televisions, homework stations and help. He said 3,000-4,000 square feet would
be necessary, and staff was exploring potential locations for same.
Ms. Ruth Ann Moore stated she had spoken to the Manager of the Mall, who
indicated he had something in mind, at least temporarily, in the Food Court area
until something more permanent could be established.
Councilman Spiegel noted that the teens had suggested leasing something first to
make sure it is successful, and he felt this was exciting. On a different subject, he
said the Parks & Recreation Commission had enthusiastically endorsed, as had the
YMCA and the CVR&PD, placement of an artificial putting green in the Civic
Center Park, at no charge to the City, for public use for those who were more
comfortable in the park's setting; approximately 1,000 square feet would be
required, and two companies were interested in providing same. If it was decided
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that the putting green was unwanted, the company would have it removed from the
Park, and the Park would be restored to the way it was before that installation.
Mr. Winklepleck briefly reviewed the proposals and recommended that a
subcommittee be formed with staff and two Councilmembers to look into this
matter.
With City Council concurrence, Councilman Crites and Mayor Pro-Tempore Kelly were appointed to
serve on a subcommittee with staff to pursue this offer.
5. Mayor Ferguson reported that he had asked Mayor Pro-Tempore Kelly to
participate in the upcoming "Youth in Government Day" in Sacramento. Further,
he asked for Council's consideration of the YMCA's request for providing four
$200 scholarships to deserving recipients to participate in the program.
With Council concurrence, the City Manager was authorized to review and, if deemed appropriate,
approve the applications for said scholarships.
XIV. COMPLETION OF HELD OVER ITEMS
Please see Old Business Item D.
XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS
None
XVI. PUBLIC HEARINGS
A. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO THE ZONING ORDINANCE,
CHAPTER 25.25.016 RELATIVE TO SETBACK REQUIREMENTS IN THE O.P. (OFFICE
PROFESSIONAL) DISTRICT Case No. ZOA 00-09 (City of Palm Desert, Applicant)
(Continued from the meeting of November 9, 2000).
Mr. Ortega noted that staff had requested a continuance of this public hearing to the meeting of
February 22, 2001.
Councilman Crites moved to continue this matter to the meeting of February 22, 2001. Motion was
seconded by Kelly and carried by unanimous vote.
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B. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO THE ZONING
ORDINANCE, CHAPTER 25.58, ET AL., OFF-STREET PARKING AND
LOADING/LANDSCAPING OF PARKING LOTS Case No. ZOA 00-10 (City of Palm Desert,
Applicant).
Mr. Drell reviewed the staff report, noting that this would provide for larger planters and would
readjust some of the geometry so that developers, in essence, do not lose any efficiency with
regard to how many spaces they can build.
Councilmember Benson noted that at the Zoning Ordinance Review Committee (ZORC), there
was a suggestion made relative to enforcement.
Mr. Drell said that would be a subsequent manpower issue and that it would be necessary to
determine what it will take to do the inspections, both through the installation of the landscaping
and the subsequent monitoring of its maintenance.
Mayor Pro-Tem Kelly asked if this would also address the developers putting in a certain number
of covered parking spaces.
Mr. Drell stated that this amendment did not specifically address the issue of credit for carports
in lieu of trees.
Mayor Pro-Tem Kelly said he felt it should be included in the amendment and that developers
should be encouraged to do so.
Councilmember Benson noted that ZORC had also discussed having a form that the developers
would sign stating the property would be maintained. Mr. Drell responded that this was a standard
condition of approval on every project.
Mayor Ferguson asked if the City itself, with its own parking, would be in violation of the Zoning
Ordinance if this amendment were approved at this meeting. Mr. Drell responded that some of
the existing lots would not be in compliance.
Mayor Ferguson declared the public hearing open and invited testimony in FAVOR of or OPPOSED
to this request. No testimony was received.
Councilman Crites moved to continue this public hearing to the meeting of February 8, 2001. Motion
was seconded by Spiegel and carried by unanimous vote.
25
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 2001
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
XVII. ADJOURNMENT
Upon motion by Crites, second by Kelly, and unanimous vote of the City
adjourned the meeting at 6:00 p.m. for Closed Session. He reconvened the meeting at
Business Item D.
Upon motion by Spiegel, second by Crites, and unanimous vote of the
adjourned the meeting at 7:49 p.m. to 10:00 a.m. on Monday, January 15, 2001, for
Council and Redevelopment Agency.
ATTEST:
1
SHEILA R. GILL-IbAN, C CLERK
CITY OF PALM DESER CALIFORNIA
Council, Mayor Ferguson
7:03 p.m. to consider New
Council, Mayor Ferguson
a joint meeting of the City
MAYOR
26