HomeMy WebLinkAbout2001-06-28MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JUNE 28, 2001
CIVIC CENTER COUNCIL CHAMBER
I. CALL TO ORDER
Mayor Pro-Tempore Kelly convened the meeting at 4:00 p.m.
II. ROLL CALL
Present:
Councilmember Jean M. Benson arrived at 5:11 p.m.
Councilman Buford A. Crites
Councilman Robert A. Spiegel
Mayor Pro-Tempore Richard S. Kelly
Also Present:
Carlos L. Ortega, City Manager/RDA Executive Director
David J. Erwin, City Attorney
Sheila R. Gilligan, ACM for Community Service/City Clerk
Richard J. Folkers, ACM for Development Services
Homer Croy, Director of Building & Safety
Phil Drell, Director of Community Development
Paul S. Gibson, Director of Finance/City Treasurer
Teresa La Rocca, Director of Housing
Martin Pinon, Director of Human Resources
Joseph S. Gaugush, Director of Public Works/City Engineer
David Yrigoyen, Director of Redevelopment
Rachelle D. Klassen, Deputy City Clerk
III. AWARDS, PRESENTATIONS, AND APPOINTMENTS
Excused Absence
Mayor Jim Ferguson
A. PRESENTATION TO THE CITY COUNCIL BY TOM KIRK, EXECUTIVE
DIRECTOR OF THE SALTON SEA AUTHORITY.
With Council concurrence, this presentation was rescheduled to the City Council
meeting of July 19, 2001.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2001
IV. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of June 14, 2001, and the
Special Joint Meeting of the City Council and Redevelopment Agency of
June 8, 2001.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 103, 104, 106, 107, 108, 103PD Office Complex, and 106PD Office
Complex.
Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by
Deborah F. Fenn and Leo E. Fenn III for Magnolia Restaurant,
44-250 Town Center Way, #C-1, Palm Desert.
Rec: Receive and file.
D. MINUTES of City Committee and Commission Meetings.
1. Art In Public Places Commission Meetings of February 21, and
March 21, 2001.
2. Civic Arts Committee Meeting of May 14, 2001.
3. Golf Course Committee Meeting of May 8, 2001.
4. Public Safety Commission Meeting of May 9, 2001.
Rec: Receive and file.
E. RESOLUTION NO. 01-83 - A Resolution of the City Council of the City of
Palm Desert, California, Setting Forth its Findings and Authorizing the
Destruction of Files from the Department of Building & Safety that Have
Been Microfilmed (May 2001).
Rec: Waive further reading and adopt.
F REQUEST FOR APPROVAL of the Extension of Cable Television Franchise
with Time Warner.
Rec: Waive further reading and adopt Resolution No. 01-84, amending
Resolution No. 00-118 and extending the expiration of its cable
television franchise from June 30, 2001, through June 30, 2002.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2001
G. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Civic
— Center Park Lagoon Maintenance Services (Contract No. C19070).
Rec: By Minute Motion: 1) Authorize the City Clerk to advertise and call for
bids for the subject services; 2) authorize staff to negotiate with the
current contractor or other suitable contractor for temporary lagoon
maintenance services not to exceed three months.
H-1. REQUEST FOR AWARD OF CONTRACT for the Peace Memorial
Landscape and Renovation Project (Contract No. C18550, Project
No. 606-01).
Rec: By Minute Motion: 1) Award the subject contract to Enviable Greens,
Palm Desert, California, in the amount of $45,221.75 and authorize
a ten percent (10%) contingency in the amount of $4,522.18 — project
totaling $49,743.93; 2) authorize the Mayor to execute same.
H-2. REQUEST FOR AWARD OF CONTRACT for Uniforms and Supplies
(Contract No. C18860).
Rec: By Minute Motion, award the subject contract to Foasberg Textile
Services, North Palm Springs, California, in the amount of $6,448 and
authorize the Mayor to execute same —funds are available in Account
No. 110-4310-433-2140.
H-3. REQUEST FOR AWARD OF CONTRACT for Installation of Audio Press
Patch for Council Chamber (Contract No. C19080).
Rec: By Minute Motion: 1) Approve of the proposal from Muzak, Riverside,
California, for the subject installation; 2) authorize the contract as a
sole source vendor due to the existing warranty on the new Council
Chamber audio/video system; 3) authorize the Director of Finance to
appropriate $4,063.01 plus a ten percent (10%) contingency of
$406.00 — total of $4,469.01 from Unallocated General Fund
Reserves to Account No. 231-4563-433-4001 for same.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2001
H-4. REQUEST FOR APPROVAL of Solar Design Engineering for Civic Center
(Contract No. C19090).
Rec: By Minute Motion: 1) Approve the subject contract with W. A. Dolby
Engineering, Inc., Yucaipa, California, in the amount of $7,650 for
electrical engineering design and preparation of bid package for the
photovoltaic system on the carport shade covers at the Palm Desert
Civic Center; 2) authorize the Director of Finance to appropriate
$7,650 plus $300 for printing and duplicating — totaling $7,950 from
Unallocated General Fund Reserves to Account
No. 110-4159-415-4045 for same.
I. REQUEST FOR AUTHORIZATION to Negotiate a Contract for Landscape
Maintenance Services — Fred Waring Drive (Contract No. C19000).
Rec: By Minute Motion, authorize staff to negotiate with Shadow Palms
Gardening Service, Indio, California, and enter into an agreement for
an amount up to $30,000 for the maintenance of landscape materials
from July 1, 2001, until the landscaping is demolished or removed to
accommodate the road widening work planned to commence in
April 2002 — funds for this purpose are contained in the Capital
Improvements Program Budget for the current fiscal year.
J. REQUEST FOR APPROVAL of Change Order and Acceptance of Work for
the Fred Waring Drive Widening Project Septic System Demolition (Contract
No. C18620) (Demo Unlimited, Indio, CA).
Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of
$1,700 to the subject contract with Demo Unlimited, Inc., Indio,
California, for additional excavation services; 2) authorize the transfer
of funds from contingency to base for the subject project; 3) accept
the work as complete and authorize the City Clerk to file a Notice of
Completion for the subject project.
K-1. REQUEST FOR EXTENSION of Contract for Graffiti Removal Services
(Contract No. C08327).
Rec: By Minute Motion, approve of the subject contract extension in the
amount of $66,456.96 with SunLine Services Group (SSG),
Thousand Palms, California, and authorize the Mayor to execute
same.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2001
K-2. REQUEST FOR EXTENSION of Contract for Fleet Maintenance Services
(Contract No. C12884).
Rec: By Minute Motion, approve of the subject contract extension with
M & N Mobil Service Center, Palm Desert, California, and authorize
the Mayor to execute same.
K-3. REQUEST FOR EXTENSION of Contract for Street Sweeping Services
(Contract No. C16652).
Rec: By Minute Motion, approve of the subject contract extension in the
amount of $106,198.56 with SunLine Services Group (SSG),
Thousand Palms, California, and authorize the Mayor to execute
same.
K-4. REQUEST FOR EXTENSION of Contract for Parking Lot Sweeping Services
(Contract No. C17871).
Rec: By Minute Motion, approve of the subject contract extension in the
amount of $21,744 with Black & White Sweeping Services, LLC,
Thousand Palms, California, and authorize the Mayor to execute
same.
L. REQUEST FOR APPROVAL of Agreements with the County of Riverside
and Riverside County Library System for Library Services —
Fiscal Year 2001/02.
Rec: By Minute Motion, subject to adoption of the FY 01/02 Budget at the
public hearing later in this meeting: 1) Approve Contract
No. C14164 — Fourth Amendment to Agreement to Provide Library
Services (Additional Staff) for the Event and Volunteer Coordinators
and a part-time Computer Instructor/Lab Technician; 2) approve
Contract No. C18021 — First Amendment to Agreement to Provide
Library Services (Additional Hours) for the three additional hours of
operation of the Palm Desert Wing of the Multi -Agency Library each
Thursday; 3) authorize the Mayor to execute said contracts.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2001
M. REQUEST FOR APPROVAL of Contract for Sponsorship of the
2002 Riverside County Fair and National Date Festival (Contract
No. C19100).
Removed for separate discussion under Section V, Consent Items Held
Over. Please see that portion of the Minutes for City Council discussion and
action.
N. CONSIDERATION of Contract Between City of Palm Desert and
Community Gardens of the Coachella Valley (Contract No. C18340).
Rec: By Minute Motion, authorize staff to terminate the subject contract
and handle administration of the Palm Desert Community Garden
through City staff.
0. REQUEST FOR APPROVAL of Contract with SunLine Transit Agency for
Bus Shelter Maintenance and Advertising (Contract No. C18650).
Rec: By Minute Motion: 1) Continue this item to the meeting of July 19,
2001, to accommodate a meeting with the City Attorney and
SunLine's attorney relative to language clarification in the proposed
agreement; 2) extend the existing Bus Shelter Advertising Agreement
(Contract No. 00-489) through July 31, 2001.
P. REQUEST FOR APPROVAL of the Expenditure of California Law
Enforcement Equipment Program (CLEEP) Funds.
Rec: By Minute Motion, concur with the recommendation of the Public
Safety Commission and approve the expenditure of the subject grant
funds in the amount of $38,965 for enhanced technology equipment.
Q. REQUEST FOR APPROVAL of Participation of Two Palm Desert
High School Students and a Chaperone at the 2001 League of
California Cities Annual Conference.
Rec: By Minute Motion, approve participation of the Palm Desert High
School Associated Student Body President and Vice President, as
well as a chaperone, at the subject conference scheduled to be held
September 12-15, 2001, in Sacramento, California, and appropriate
funds from the Unobligated General Fund FY 2001/02 in an amount
not to exceed $5,000 to Account No. 110-4416-414-3060 to cover
attendant expenses.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2001
R-1. REQUEST FOR RATIFICATION of Out -of -State Travel for International
— Council of Shopping Centers National Convention.
Rec: By Minute Motion, ratify travel by the Business Support Technician to
the subject convention held in Las Vegas, Nevada, May 20-23, 2001,
in an amount not to exceed $750 — funding for same was approved
in the Fiscal Year 2000/01 Budget, Account No. 110-4430-442-3120.
R-2. REQUEST FOR RATIFICATION of Sister Cities Subcommittee Exploratory
Visit to Ixtapa - Ziahuatanejo, Mexico.
Removed for separate discussion under Section V, Consent Items Held
Over. Please see that portion of the Minutes for City Council discussion and
action.
S. CONSIDERATION of Designating the Desert Willow as the Official Tree of
the City of Palm Desert.
Rec: By Minute Motion, designate the Desert Willow (Chilopsis Linearis)
as the official tree of the City of Palm Desert.
T. INFORMATIONAL ITEMS:
1. Progress Report on Retail Center Vacancies
Councilmember Benson requested that Item M be removed for separate discussion
under Section V, Consent Items Held Over. Councilman Crites removed Item R-2
for separate discussion.
Upon motion by Spiegel, second by Crites, the remainder of the Consent Calendar
was approved as presented by a 4-0 vote, with Mayor Ferguson ABSENT.
V. CONSENT ITEMS HELD OVER
M. REQUEST FOR APPROVAL of Contract for Sponsorship of the
2002 Riverside County Fair and National Date Festival (Contract
No. C19100).
Councilmember Benson noted that the initial request was for sponsorship in
the amount of $20,000; however, it was reduced to $10,000 because the
2001 Fair showed a profit. She said she had spoken with Supervisor Roy
Wilson today and explained the reduction to $10,000. She said Supervisor
Wilson noted that if the Fair makes a profit, all of that profit goes back into
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2001
renovations at the Fairgrounds, and they are way behind on bringing the
Fairgrounds up to ADA standards. She said she would recommend the City
sponsor the 2002 Fair in the amount of $20,000.
Upon question by Councilman Spiegel, Councilmember Benson responded
that during her discussion with Supervisor Wilson, she had requested that
next year's request include an explanation of what projects the 2002 Fair's
profits were applied to and what other cities were contributing.
Councilmember Benson moved to, by Minute Motion, approve the subject contract
with the Riverside County Economic Development Agency in the amount of $20,000 for
the 2002 Riverside County Fair and National Date Festival to be held February 15-24,
2002, and authorize the Mayor to execute same, with direction that the request for funding
the 2003 event include an explanation of what projects the 2002 Fair's profits were applied
to and a listing of what other cities were contributing. Motion was seconded by Spiegel
and carried by a 4-0 vote, with Mayor Ferguson ABSENT.
R-2. REQUEST FOR RATIFICATION of Sister Cities Subcommittee Exploratory
Visit to Ixtapa - Ziahuatanejo, Mexico.
Councilman Crites said he had asked for this item to be pulled in order to
apologize to his colleagues. He said he had brought this issue up in April
and felt at that time the matter was taken care of as far as the trip. However,
he now realized he should have made a formal motion for approval of the
trip. He also expressed great satisfaction with the reports he had received
so far from the exploratory visit in terms of enthusiasm for the program.
Councilman Crites moved to, by Minute Motion: 1) Ratify expenditures for airfare,
hotel, and related travel expenses in an amount not to exceed $7,000 for the subject visit
by the Mayor, City Manager, Subcommittee Members Rose Mary Ortega and Donna Jean
Darby June 12-16, 2001; 2) authorize payment of same from the appropriate General Fund
Accounts for FY 2000/01. Motion was seconded by Spiegel and carried by a 4-0 vote, with
Mayor Ferguson ABSENT.
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VI. RESOLUTIONS
A. RESOLUTION NO. 01-85 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE
FISCAL YEAR 2000/01 BUDGET TO PROVIDE ADDITIONAL
APPROPRIATIONS FROM THE TRAFFIC SAFETY, GAS TAX, ART IN
PUBLIC PLACES, AIR QUALITY MANAGEMENT, AND GENERAL FUNDS.
Councilman Spiegel moved to waive further reading and adopt Resolution
No. 01-85. Motion was seconded by Crites and carried by a 4-0 vote, with Mayor
Ferguson ABSENT.
B. RESOLUTION NO. 01-86 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A
VOLUNTARY CONTRIBUTION CHECK -OFF PROGRAM, "ACTION FOR
BETTER CITIES."
Mr. Ortega noted the staff report in the packet.
Mayor Pro-Tem Kelly noted that he served on a State Board representing
475 cities in the State of California. The Board is called "Action for Better
Cities" and was established so that the cities would have an arm to work on
protecting the revenues that come to cities that help them to operate. He
said an initiative was being put together, with the first draft already written.
He added that this was an opportunity for elected officials throughout the
State to make a small contribution with a payroll deduction to assist in that
effort.
Upon question by Councilman Spiegel, Mayor Pro-Tem Kelly responded that
this was going to all of the cities in the State of California.
Councilman Crites moved to waive further reading and adopt Resolution No. 01-86.
Motion was seconded by Spiegel and carried by a 4-0 vote, with Mayor Ferguson
ABSENT.
VII. ORDINANCES
For Introduction:
None
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For Adoption:
A. ORDINANCE NO. 988 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF PALM DESERT AND COOK
STREET ASSOCIATES, LLC, FOR A 16,000 SQUARE FOOT OFFICE
SHOWROOM BUILDING AT THE NORTHWEST CORNER OF
SHERYL AVENUE AND COOK STREET, 42-595 COOK STREET
(Cook Street Associates, LLC, Applicant).
Councilman Spiegel moved to waive further reading and adopt Ordinance No. 988.
Motion was seconded by Benson and carried by a 4-0 vote, with Mayor Ferguson
ABSENT.
B. ORDINANCE NO. 989 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE
NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE
FROM R-1-M (SINGLE FAMILY MOBILE HOME) TO P.R. 14 (PLANNED
RESIDENTIAL, 14 UNITS PER ACRE) FOR 12.52 ACRES OF THE
37.84-ACRE SITE, FROM R-1-M (SINGLE FAMILY MOBILE HOME) TO
P.R. 6 (PLANNED RESIDENTIAL, 6 UNITS PER ACRE) FOR 23.18 ACRES
OF THE 37.84-ACRE SITE, AND FROM R-1-M (SINGLE FAMILY MOBILE
HOME) TO S. I. (SERVICE INDUSTRIAL) FOR 2.87 ACRES OF THE
37.84-ACRE SITE LOCATED BETWEEN 42ND AVENUE AND MERLE
DRIVE, BETWEEN PORTOLA COUNTRY CLUB AND JONI DRIVE
(Palm Desert Redevelopment Agency and Palm Desert Development
Company, Applicants).
Councilman Spiegel moved to waive further reading and adopt Ordinance No. 989.
Motion was seconded by Benson and carried by a 4-0 vote, with Mayor Ferguson
ABSENT.
VIII. NEW BUSINESS
A. REQUEST FOR AWARD OF CONTRACT FOR ANIMAL CONTROL
SERVICES (CONTRACT NO. C19110).
Mr. Ortega noted the staff report in the packets along with the proposed
contract.
Councilman Crites stated that, because of the sensitive nature of this
request and past allegations regarding California Animal Care, he would like
to have seen some notes based on qualifications, past performances, etc.
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as to why California Animal Care was selected. He said he would like to
have seen a comparison between the County of Riverside and California
Animal Care in order to understand staffs recommendation. He asked that
this contract be held until the next meeting in order to have that comparison.
Councilman Spiegel stated that both the Parks and Recreation Commission
and the Project Area 4 Committee had expressed concern in the last month
about animal control. He agreed with Councilman Crites' request. He also
asked Councilmember Benson for the status of a Valley -wide facility.
Councilmember Benson responded that the feasibility report had just been
received from the consultant, and a meeting was scheduled for Friday,
July 6th, to go over it. With regard to this particular request, she said she felt
it would be helpful to have a breakdown of what the total amount is for.
Mr. Folkers noted that the current contract would terminate on June 30,
2001; however, there was an evergreen clause in the contract that allowed
continuance of the contract on a month -to -month basis.
Councilman Crites moved to, by Minute Motion: 1) Continue this matter to the
meeting of July 19, 2001, with staff directed to return with more comparison information
between the two bids; and 2) continue the existing Animal Control Services contract for an
additional 30 days. Motion was seconded by Spiegel and carried by a 4-0 vote, with
Mayor Ferguson ABSENT.
B. REQUEST FOR AWARD OF CONTRACTS, FOR PLAN REVIEW
SERVICES.
Mr. Ortega noted the staff report in the packets.
Councilman Crites moved to, by Minute Motion, award the subject contracts for plan
review services FY 01/02: 1) Contract No. C19120 to Esgil Corporation, San Diego,
California; 2) award Contract No. C19130 to California Code Check, Thousand Oaks,
California; 3) authorize the Mayor to execute said contracts in an amount not to exceed
$150,000. Motion was seconded by Spiegel and carried by a 4-0 vote, with
Mayor Ferguson ABSENT.
C. REQUEST FOR APPROVAL OF SOUTHERN CALIFORNIA EDISON (SCE)
WORK ORDERS RELATIVE TO THE FRED WARING DRIVE WIDENING
PROJECT.
Councilman Spiegel moved to, by Minute Motion: 1) Approve SCE Work Order
No. 6379-7149 07122 in the amount of $63,181 for removal of overhead power lines and
poles along Fred Waring Drive from San Pascual east to Deep Canyon Road; 2) approve
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SCE Work Order No. 6779-7162 07123 in the amount of $340,595 for the installation of
underground conductors and pad -mounted transformers for the above project — funds are
available for the aforementioned in the Fred Waring Project Account (Fund 400). Motion
was seconded by Benson and carried by a 4-0 vote, with Mayor Ferguson ABSENT.
D. REQUEST FOR APPROVAL OF CONTRACT WITH THE POLICE ACTION
COUNSELING TEAM (P.A.C.T.) — FISCAL YEAR 2001/02 (CONTRACT
NO. C19140).
Mr. Ortega noted the staff report in the packets.
Councilman Spiegel stated that last year there was a question of whether or
not the City was getting its money's worth.
Mrs. Gilligan responded that it was more a case of when the program was
presented to the City, it was that Dr. Tonkins would go after some grant
monies. She said Lt. Thetford had done an incredibly thorough review and
had created a standard operating procedure for the program. She added
that there were now statistics showing that the program is of great benefit to
the City of Palm Desert.
Upon question by Councilmember Benson with regard to the Police Chief
reviewing this contract, Mrs. Gilligan responded that Lt. Thetford rewrote the
contract, it was approved by the City Attorney, and it now encompassed
everything including accounting procedures so that reports will be presented
to the Public Safety Commission.
Councilmember Benson moved to, by Minute Motion: 1) Concur with the
recommendation of the Police Department, City Attorney, and Public Safety Commission
and approve the subject contract with P.A.C.T. in the amount of $147,588; 2) authorize the
Mayor to execute same. Motion was seconded by Spiegel and carried by a 4-0 vote, with
Mayor Ferguson ABSENT.
E. REQUEST FOR ENDORSEMENT OF TEEN CENTER CONCEPT TO BE
LOCATED BEHIND THE COACHELLA VALLEY RECREATION & PARK
DISTRICT BUILDING AT CIVIC CENTER PARK.
Mr. Ortega noted the staff report in the packets.
Councilman Spiegel stated that if this is approved when it comes back to the
Council, there is a caveat that the facility will be used by the Parks and
Recreation District if not used by the teens.
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Councilman Spiegel moved to, by Minute Motion, endorse the concept of a Teen
Center at the Civic Center Park and direct staff to proceed with conceptual design for
same. Motion was seconded by Benson and carried by a 4-0 vote, with Mayor Ferguson
ABSENT.
F. REQUEST FOR APPROVAL TO PROCEED WITH PRELIMINARY DESIGN
AND COST ESTIMATE FOR EXPANSION OF THE PREVIOUSLY
APPROVED STORAGE BUILDING AT CIVIC CENTER PARK.
Councilman Spiegel moved to, by Minute Motion, direct staff to proceed with
preliminary design and cost estimate for the Civic Center storage building expansion.
Motion was seconded by Crites and carried by a 4-0 vote, with Mayor Ferguson ABSENT.
IX. CONTINUED BUSINESS
A. MINUTES OF THE ADJOURNED JOINT MEETING OF THE CITY COUNCIL
AND REDEVELOPMENT AGENCY OF MAY 25, 2001 (Continued from the
meeting of June 14, 2001).
Councilman Crites moved to approve the Minutes as presented. Motion was
seconded by Spiegel and carried by a 4-0 vote, with Mayor Ferguson ABSENT.
X. OLD BUSINESS
A. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF
MASONRY BLOCK WALL ALONG FRED WARING DRIVE FROM SAN
PASCUAL AVENUE TO DEEP CANYON ROAD
(CONTRACT NO. C18630-A).
The following is a verbatim transcript of this portion of the Council meeting.
RSK Mayor Pro-Tem Richard S. Kelly
CLO City Manager Carlos L. Ortega
DY David Yrigoyen
BAC Councilman Buford A. Crites
JMB Councilmember Jean M. Benson
RAS Councilman Robert A. Spiegel
RDK Deputy City Clerk Rachelle D. Klassen
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RSK Request for award of contract for construction of masonry block wall along
Fred Waring Drive from San Pascual Avenue to Deep Canyon Road.
CLO Mr. Mayor, we would like to...is this the one where we have the three
options, Dave? We'd like to present to you...there are three options, and
Lauri or Dave would like to make the presentation because it is going to
require that we select one of three design options.
DY (Change in tapes)...the block wall. The report identifies the staffs
recommendation with regard to instituting a tan slump stone block wall. The
contractor also was asked to give us bids with regard to the other two
alternates that were reviewed by the AIPP and the Landscape Committee.
Essentially, we have a colored block wall that provides for the pattern that
is identified up here. The total bid for that would be $1,370,000. You also
have the stucco wall, and that is identified up there. That would be the
design that was ultimately recommended by the AIPP. Their second choice
was, of course, the tan slump stone wall.
RSK The one you just showed?
DY Pardon me.
RSK The one just before that?
DY That's the one...
RSK This is the one they recommended. Their second choice was the one
previous?
BAC No.
RSK The next one.
BAC Yes.
DY And that is the bid that we received of $1,460,000. Of course, these will only
be placed on the south side wall of Fred Waring. The north side will still
continue to take the slump stone, tan slump stone walls.
JMB But two different types?
DY There are three different types. The type that staff is recommending is a tan
slump stone block wall.
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JMB But I mean the north side and the south side are going to have different
kinds of...
DY That is correct. The north side is set back quite a ways, and there will be a
landscaped park in front of it, so you won't be able to see the wall.
JMB Oh.
RAS And this one will be right on Fred Waring.
DY This one will be adjacent to Fred Waring.
RAS Did we look at just a plain wall that is...
BAC Yes, that is the third choice.
DY That is the recommended choice...
RSK But you didn't show us that one.
BAC Show us that slide.
DY Pardon me.
BAC Do you have a slide of that...
DY No, I don't have it. It's just a slump stone, tan slump stone wall.
RSK Would it have a cap on it, a post on it?
DY It will have a concrete cap on top, and that's it.
RSK We want to see it, I guess.
JMB What's the difference in cost of doing that or doing the...
DY The cost identified for doing that is...the tan slump stone wall is $1,330,000
total. The wall that you see up there is $1,460,000, and this wall here is
$1,370,000.
RAS I don't like that wall at all.
JMB I thought it was kind of pretty.
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RAS I'm sorry.
BAC I like that one.
DY The issue with regard to this wall here is that it is a stucco'd wall. It will be
difficult to apply in the summer time, and so subsequently the contractor has
had some concerns with regard to the actual implementation of this wall.
The other thing is, of course, graffiti will be difficult to clean off on that.
RSK I have to get this straight. You're recommending this one on the (unclear)
DY No.
RSK Not at all.
BAC They're recommending the...
RSK Recommending plain on both sides.
DY We're recommending neither of the two. We're recommending just a plain
tan slump stone wall.
RSK On both sides.
DY On both sides.
RSK Councilman Crites.
BAC This...you know, this is not a thirty-foot long section of wall. This is how
long?
DY Well, it's about...
RSK Three-quarters of a mile?
DY A quarter of a mile.
BAC Okay, it's a quarter of a mile on one of our major streets, and I understand
the staff perspective on trying to be neutral on a plain wall. I think we would
regret that choice remarkably quickly on the south side. I could not vote for
something like that that I think really does a disservice to what we're doing
on the north side with the park and so on and so forth. So, of the three
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2001
choices, I think the one in front of us right here is probably, for me, the most
desirable, but a plain wall is just simply not acceptable to me.
JMB The plain wall would be alright on...
RSK Councilman Spiegel had his hand up next.
JMB Go ahead.
RSK I'm trying to watch to see who comes up in line there. See, I've got this deal,
I don't even turn my head. You're next.
RAS My question is...is there any planting planned for in front of the wall?
DY Yes, on the south side, yes.
RAS In other words, bougainvillea or something like that.
DY There is a planting plan where we'll have...you won't see the area that you
see now. There will be more area in front of those walls; however, there will
be sidewalks and there will be places like Councilman Crites indicated. But
there will be plantings in front of the wall.
RAS There will be plantings so that there will be breakup in the wall.
DY That is correct.
RAS You won't see a quarter of a mile of wall.
DY That is correct.
RSK Councilmember Benson.
JMB Well, I would not like to see just a concrete wall down that length of the
(unclear), but I could see it if it was on the other side and it was going to be
landscaped. But 1 think you need something that adds some character to the
street.
RAS Won't the plantings add character?
JMB I don't think they're going to....
BAC The planting area on the south side is not particularly deep and...
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2001
RSK Very narrow.
BAC And I'm certainly not convinced that the planting area will provide the kind
of screening that we might (unclear). Now perhaps...I may be incorrect, but
in looking at it in the landscape committee, I certainly never came away with
the perception that we had anything that truly did a decent job of that.
RSK You're talking about both sides.
BAC No, just the south side. The north side has...
RAS That's deep.
BAC Right. You could have a grey wall for all I care.
RSK Well, I think we...seems to me that I see walls all over the Valley with all the
new projects on Miles and around and even long walls with plantings I don't
think it should be just plain, I think that you see walls with a different color
stretched layer in there that makes the wall look a lot more aesthetically
pleasing. Even if you are going to have planting in front of it, it doesn't seem
to me that the expense is all that different that you just put some different
colored blocks for a couple rows in there near the top or however you do it,
so I don't think that... the north side should have some kind of change of
colors in the block also.
RAS But we're not talking about the north side.
RSK We're talking about both sides.
RAS We're talking about both sides?
DY Yes, the bid is to construct both walls. The south wall along the Goleta
residence area will have....
RSK We all agree we're not going to do a plain wall on the south side, but we
need to talk also about the north side.
DY If you chose, for example...excuse me. If you chose, for example, to apply
this wall, this wall would only go on the Goleta side. The north wall would
still have the tan slump stone wall.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2001
JMB
We saw some walls in Scottsdale that went along a freeway that went a long
way along that had more character to them, and that's what we need on that
side. They were very pretty walls. It was something to look at.
RSK You're talking now about the south side?
JMB Yes.
RSK But I think we need something also on the north side different than what we
show.
BAC But I think on the north side with the berming, to the best of my knowledge,
you don't even really see the wall.
DY Yes.
BAC The wall is hidden behind not landscaping but literally, physically hidden.
JMB The berm is that high?
DY Yes, from the street, the drivers sit down, and the berms will be higher, and
it's set way back. You're not going to see it.
JMB I could go with that on the north side.
RSK (Unclear)...they have some kind of design near the top.
RAS How about a geometric design rather than the mountains and...
JMB Right. Well, that's what they had in Phoenix. They had different shapes to
it, and it was terra cotta colored. It was really pretty.
RAS Should we bring it back with other options?
JMB Actually, Lauri or somebody might have some pictures of some of the...
RSK Well, I've seen the same ones, and they look great. And it's just a matter of
the color of the block.
RAS But we're approving something tonight, and I'm not sure what it is other than
this one.
RSK I'm not. I'm voting no.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2001
RAS
DY
RAS
Well, why don't we....l would move to continue this and have another crack
at the design that, in fact, it needs some kind of design element. And if this
is what comes back to us, so be it.
Can I mention something? A continuance on this item would put us
back...we're trying to get it in the summer time. A continuance would take
us into the...
Yes, but they can't put the plaster on in the summer anyway because it is too
hot. So I would move approval of the block wall with some kind of design on
it and then have the design come back to us.
RSK Councilman Crites.
BAC I'm not at all convinced this "can't put plaster on" is even close to the truth.
I think they can get this done and do it.
RAS That was staffs comment.
BAC Well, I know, and I'm just simply saying I do not find agreement with that
comment from staff.
RSK It's also the north side of the wall that doesn't get direct sun.
BAC Yes. Anyhow.
JMB ...the bottom half of it and make it something decorative (unclear) they can
get started on it.
RAS There's no reason we couldn't approve the wall and not the plaster design
tonight, is there?
BAC Well, unless you want...notice that the plaster design is external to the wall.
The use of geometric forms, which I personally am not very enthused about,
would have to be...
RAS Built into the wall.
BAC ...internal to the wall. So we do have decisions to make in terms of that.
JMB I think with the money we're spending on Fred Waring, we need to have both
sides come back with something we can live with. It'll be there a long time.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2001
RSK As much as we've got going there and as much exposure as it is going to
have, to make a quick decision is not right.
RAS Is that a motion to continue?
RSK Well, I would entertain one.
RAS I'll so move.
JMB How long do we need?
RAS Until the middle of July?
JMB Until the July 19th meeting. That's the next one, so that would be almost
three weeks. I'll move to continue it to the July 19t meeting.
BAC So seconded.
JMB Maybe Carolyn might have some pictures of walls in Art In Public Places.
RSK It's been moved and seconded that we continue this item to July 19t. Would
you please vote.
RDK The motion carries 4-0.
BAC I think the one thing we have in common is there was zero support for a plain
wall.
RSK Well, I don't see any reason why we can't do something with that north wall,
too. I don't see any reason for putting a plain wall. I hate to say it, but...l'm
not going to name any names, but there are cities east of us that have done
a darn nice job with walls. I don't see why we can't have one that looks at
least that good.
CLO Who designed this anyway?
BAC The City Manager.
RSK Next item is consideration of
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B. CONSIDERATION OF RELINQUISHMENT OF STATE HIGHWAYS TO THE
CITY OF PALM DESERT.
Councilman Crites moved to, by Minute Motion, authorize the City Manager to
create a task force composed of two City Councilmembers and City staff to determine a
solution for the subject matter, with Councilman Spiegel and Mayor Pro-Tem Kelly as
Council representatives. Motion was seconded by Benson and carried by a 4-0 vote, with
Mayor Ferguson ABSENT.
XI. PUBLIC HEARINGS
A. CONSIDERATION OF THE APPROVAL OF AN AMENDMENT TO THE
ZONING ORDINANCE, AMENDING PALM DESERT MUNICIPAL CODE
SECTIONS 25.25.016, 25.28.060, 25.30.220, 25.30.230, 25.30.240,
25.30.250, AND 25.30.270, THE SETBACK REQUIREMENTS OF THE 0. P.
(OFFICE PROFESSIONAL), C-1 (GENERAL COMMERCIAL), AND PC
(PLANNED COMMERCIAL) DISTRICTS Case No. ZOA 00-09
(Revision No. 1) (City of Palm Desert, Applicant) (Continued from the
meetings of November 9, 2000; January 11, and February 22, 2001).
Planning Manager Steve Smith reviewed the staff report, noting that the
proposed amendment would now apply in the C-1 (General Commercial) and
0.P. (Office Professional) as well as the PC (Planned Commercial) districts.
He said it was presented to the Planning Commission at its meeting of
June 5, 2001, and had been recommended for approval. He said the thrust
of the revised amendment was the addition of a daylight triangle or an open
space area on the corners in all of these zone districts (0.P., C-1, and PC),
the goal being to assure greater setbacks and open space on corner Tots.
In the 0.P. and PC zones, the setbacks on interior lots would be the greater
of the existing setback requirements or one foot of setback for each foot of
building height measured from the ultimate curb location. He added that the
ordinance provided that when the City vacates property, buildings shall not
encroach onto vacated property and should be set back as if the former
property line were still in existence.
Councilman Spiegel asked whether developers felt this was a major
imposition.
Mr. Smith responded that the public hearing had been re -noticed for this
meeting. A public hearing had also been held before the Planning
Commission, and no one spoke to the issue.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2001
Mayor Pro-Tem Kelly declared the public hearing open and invited testimony in
FAVOR of or in OPPOSITION to this request. With no testimony offered, he
declared the public hearing closed.
Councilmember Benson moved to waive further reading and pass Ordinance
No. 979 to second reading, approving Case No. ZOA 00-09 (Revision No. 1). Motion was
seconded by Spiegel.
Mayor Pro-Tem Kelly expressed concern with the new setback requirement
still allowing as little as 15 feet from the property line in the O.P. zone,
specifically on Country Club Drive.
Mr. Drell responded that the setback would actually be 27 feet from curb on
Country Club because of the twelve -foot parkway on Country Club.
Mayor Pro-Tem Kelly called for the vote, and the motion carried by a 4-0 vote, with
Mayor Ferguson ABSENT.
B. REQUEST FOR APPROVAL OF A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT, A GENERAL PLAN AMENDMENT FROM
HILLSIDE PLANNED RESIDENTIAL TO PARK, A CHANGE OF ZONE
FROM HILLSIDE PLANNED RESIDENTIAL, DRAINAGE (H.P.R.,D.) TO
OPEN SPACE, DRAINAGE (O.S.,D.), AND A PRECISE PLAN OF DESIGN
TO ALLOW THE CONSTRUCTION OF A 27-ACRE PARK WITH A
PARKING LOT, RESTROOM, PICNIC AREAS, AND MULTI -USE TRAILS AT
72-500 THRUSH ROAD (APNs 628-050-002, 628-050-018, 628-150-001,
and 628-260-058) Case Nos. GPA 01-01. C/Z 01-01. PP 01-01 (City of
Palm Desert, Applicant) (Continued from the meeting of June 14, 2001).
Councilman Crites stated that he would excuse himself from this item as he had
purchased a piece of property within the last year that is adjacent to and has one
corner touching this property. He said while he had given away the development
rights to said property, he still owned the residual interest in it, and he felt it would
be inappropriate to comment.
Mr. Jeff Winklepleck, Parks & Recreation Planning Manager, reviewed the
staff report in detail and offered to answer any questions.
Councilman Spiegel noted the letter in the packets from the Vista Paseo
Homeowners Association relative to concerns with this project. The letter
noted that one major concern remained open, that being an absolutely
necessary fence on the extreme north end.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2001
Mr. Winklepleck indicated that the plan showed an existing gate just south
of the Green Road bridge along the Palm Valley Storm Channel Road. He
said it was a much wider area there that CVWD has, and essentially it is a
gate with 20 feet on either side where people can actually drive around, so
it served no real purpose. He said staff would be happy to work further with
CVWD on this matter.
Councilman Spiegel stated that he would like to see the Vista Paseo
homeowners happy with the park.
Mayor Pro-Tem Kelly declared the public hearing open and invited testimony in
FAVOR of or in OPPOSITION to this request.
MR. ROD JOHNSON, resident of Vista Paseo, said he was representing the
Association President who was out of town. He noted that residents were
concerned about the park in the beginning but had met with Mr. Winklepleck
a number of times and had attended several Planning Commission meetings
where this project was discussed. The residents felt things had been worked
out satisfactorily, and they were not opposed to the park. He added that the
main concern was the gate and the need to have one at both the north and
south ends in order to keep the traffic, dust, and noise down. With regard
to the proposed restrooms, he said residents had concerns that if they are
ever constructed, there may be problems with homeless people living in the
hills using those facilities. He stated that some of the residents would like
to see the restroom situation held off for a while; however, if the restrooms
are constructed and are locked at night, with the park hours from dawn to
dusk, the residents would not have any objections. He added that if the City
was not successful in convincing the Coachella Valley Water District to
install the fence, the residents asked that the City consider having the fence
cost added to the current plans.
MR. ROBERT RICCIARDI stated this was the first time he had heard about
this issue. He asked if there was anything that would prevent access across
the bridge at Thrush and going south the way it is now.
Mr. Drell responded that the project was not proposing any gates in that
area. He added that other than possible improvements, there would be no
obstruction or change to the road. He said the suggestion was to try to start
with the least visually impacting treatment to the road to reduce dust. If that
is not effective, it would be paved if necessary, with a chip seal over it so the
road would still appear to be natural.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2001
MS. STEPHANIE LOGUE, 158 Vista Paseo, spoke in favor of the park but
agreed with the concerns about the restrooms and homeless people. With
regard to dust concerns, she suggested the use of speed bumps, which she
felt would cause people to go slower and reduce the amount of dust. She
also expressed concern with the motorcycles going up and down the road
and asked that consideration be given to responding to residents' calls at
night to complain about these vehicles.
With no further testimony offered, Mayor Pro-Tem Kelly declared the public hearing
closed.
Councilman Spiegel moved to approve the park, by waiving further reading and:
1) Adopting Resolution No. 01-87, approving GPA 01-01; 2) passing Ordinance No. 990
to second reading, approving C/Z 01-01; 3) adopting Resolution No. 01-88, approving
PP 01-01, subject to conditions, including the following: a) That consideration of the
restroom facility be taken up at a later time, once the need is demonstrated; b) resolution
of the gate concern, either by CVWD or the City.
Mr. Winklepleck stated that staff would also like direction with regard to the
roadway surfacing and the palm logs, boulders, etc.
Councilman Spiegel added to his motion direction to staff to begin with staffs
recommended surfacing and, if that does not work out, that we go with asphalt. He also
added to his motion direction to staff to work with the City's Landscape Manager to come
up with something that is more agreeable to the residents as far as the palm Togs and that
it come back to the Council before it goes in.
Councilmember Benson asked if, when the restrooms come back to the
Council, they could be moved to a different location if Council wished to
do so.
Mr. Winklepleck agreed and said they were put in the proposed location
because it was close to where the trail head would tie in to the Cahuilla Hills.
He said they could be moved anywhere on the site that Council so chooses.
Mayor Pro-Tem Kelly said he felt the palm logs looked terrible and would
vote no as long as the palm logs are there. He also expressed concern with
the City doing something in one of its own projects that it would not allow a
private developer to do.
Mr. Drell suggested that the matter of the roadway surfacing be brought back
to the Council at its meeting of July 19, 2001.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2001
Councilman Spiegel amended his motion to include continuing the issues of
delineating materials (palm logs, boulders, etc.) and roadway surfacing to the meeting of
July 19, 2001. Motion was seconded by Benson and carried by a 3-0-1 vote, with
Councilman Crites ABSTAINING and Mayor Ferguson ABSENT.
C. CONSIDERATION OF THE ADOPTION OF THE CITY MANAGER'S AND
EXECUTIVE DIRECTOR'S FINANCIAL PLAN FOR FISCAL YEAR 2001 /02
(JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT
AGENCY AND PALM DESERT HOUSING AUTHORITY).
Mr. Ortega noted that a Study Session had been held to review the budgets.
He said staff was now prepared to present the budgets to the
Council/Agency Board/Housing Authority Board for formal adoption.
Finance Director Paul Gibson reviewed the following items brought up during
Budget Study Session, including Shopper Hopper cost clarifications, Parks
and Recreation Intern salary, and proposed schedule on filling positions of
Assistant City Manager and Assistant to City Manager. He noted that the
Council was provided memorandums that addressed these areas. He said
approval of the Budget would include these areas of concern as well.
Mr. Gibson noted that each year during the Budget process, there are a
number of capital projects approved by Council between the time when the
Budget book is put together and June 30"'. This year, there were several
projects that affected the carryover capital projects and/or new projects. In
adopting this Budget, the Council/Agency/Authority would be going back to
the City Clerk with a revised list of those capital projects. He also noted that
with regard to the Salary Table, a number of new positions were being
requested. Upon adoption of the Budget, those new positions would be
added to the Salary Table.
Councilman/Member Crites stated that he felt staff had done an excellent job
in terms of preparation of this Budget.
Councilman/Member Spiegel added that he had been asked to speak about
the City's Budget at a retreat that the Palm Desert Chamber of Commerce
was holding this coming weekend.
Mayor Pro-TemNice Chairman Kelly declared the public hearing open and invited
testimony in FAVOR of or in OPPOSITION to this request. With no testimony
offered, he declared the public hearing closed.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2001
Councilman/Member Spiegel moved to waive further reading and adopt: 1) City
Council Resolution No. 01-78, adopting a program and financial plan for the Fiscal Year
July 1, 2001, through June 30, 2002; 2) City Council Resolution No. 01-79, establishing
the appropriations limit for the 2001/02 Fiscal Year; 3) Redevelopment Agency Resolution
No. 419, adopting a program and financial plan for the Fiscal Year July 1, 2001, through
June 30, 2002; 4) Housing Authority Resolution No. HA-15, adopting a program and
financial plan for the Fiscal Year July 1, 2001, through June 30, 2002; 5) City Council
Resolution No. 01-80, amending Resolution No. 00-73, "Exhibit 'A'° Salary Schedule,
Salary Ranges, and Allocated Classifications for the period of July 1, 2001, through June
30, 2002. (Note: This is the preliminary salary table and does not include the new positions
or reclassifications that the City Manager will be recommending. These positions will be
included in the Salary Schedule, Salary Ranges, and Allocated Classifications upon their
approval.) Motion was seconded by Crites and carried by a 4-0 vote, with Mayor/Chairman
Ferguson ABSENT.
D. REQUEST FOR APPROVAL OF PAYMENT FOR ALL OR PART OF THE
COST OF THE INSTALLATION AND CONSTRUCTION OF A PUBLICLY
OWNED REGIONAL PARK AND RELATED FACILITIES AND
IMPROVEMENTS (JOINT CONSIDERATION WITH THE PALM DESERT
REDEVELOPMENT AGENCY).
Mr. Ortega stated that this would allow the Agency to reimburse the City for
those expenses that will be incurred in the purchase of the land and
improvements for the park discussed earlier in the meeting.
Mayor Pro-TemNice Chairman Kelly declared the public hearing open and invited
testimony in FAVOR of or in OPPOSITION to this request. With no testimony
offered, he declared the public hearing closed.
Councilman/Member Spiegel moved to waive further reading and adopt: 1) City
Council Resolution No. 01-81, approving payment by the Palm Desert Redevelopment
Agency for all or part of the cost of the installation and construction of a publicly owned
regional park and related facilities and improvements; 2) Redevelopment Agency
Resolution No. 420, authorizing payment by the Agency for all or part of the cost of the
installation and construction of a publicly owned regional park and related facilities and
improvements. Motion was seconded by Crites and carried by a 4-0 vote, with
Mayor/Chairman Ferguson ABSENT.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2001
E. CONSIDERATION OF LEASE OF PROPERTY BY THE PALM DESERT
REDEVELOPMENT AGENCY FROM AND TO FRIENDS OF THE
CULTURAL CENTER, INC., FOR OPERATION AND MAINTENANCE OF A
PERFORMING ARTS CENTER (JOINT CONSIDERATION WITH THE
PALM DESERT REDEVELOPMENT AGENCY).
With Council/Agency Board concurrence, Mayor Pro-TemNice Chairman Kelly
continued this matter until 7:00 p.m. because representatives of the McCallum Theatre
would be in attendance at that time.
The following is a verbatim transcript of this portion of the meeting:
Kev
RSK Mayor Pro-TemNice Chairman Richard S. Kelly
CLO City Manager Carlos Ortega
DY Dave Yrigoyen
RDK Deputy City Clerk Rachelle D. Klassen
BAC Councilman/Member Buford A. Crites
RAS Councilman/Member Robert A. Spiegel
JMB Councilmember/Member Jean M. Benson
DJE City Attorney David J. Erwin
TG Ted Giatis, CEO of the McCallum Theatre
RSK First item is a public hearing on consideration of a lease of property by the
Palm Desert Redevelopment Agency from The Friends of the Cultural
Center, Inc.
CLO Mr. Chairman, we do have a staff report, and we have to make certain
announcements for the record. Dave will do so.
DY In order not to miss any points, I am going to read from a text. This is a joint
public hearing of the Agency and the City Council pursuant to Section 33433
of the Health and Safety Code, which has been duly noticed and advertised,
providing for consideration of a DDA between the Agency and the McCallum
Theatre Foundation, Friends of the Cultural Center, and the College of the
Desert. Under the DDA, the project requires the Agency to lease certain
building improvements from the Center, lease certain real property on which
the improvements are located from the College, sublease the improvements
in the property to the Center under a sublease for the operation and
maintenance of the cultural and performing arts center for the term expiring
March 1, 2049, at a rent of $1 per year, which reflects the fair reuse value at
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2001
RSK
the conditions and restrictions required under the sublease. The Center
agrees to use the building and the property to provide performing arts
programs to the public, opportunities for youth to learn about and have
access to the arts, a facility for college to present high -quality student
performances, a training venue for students pursuing careers in technical
theater, and a place for special events for the community and civic
organizations. The Agency will make a prepaid rent payment in the amount
of $5 million to be held in escrow, in an escrow account, for the term of the
lease. Amounts on deposit in the account may be withdrawn by the Center
on an annual basis during the term of the sublease in an amount equal to the
interest contained in the account plus an amount equal to 2.0833% of the
lease payment and shall be used only for the continued operations and
maintenance of the building and property. Certain conditions will be
required to close escrow. By July 31, 2001, the Foundation and the Center
agree to have an endowment fund balance of at least $5.1 million in cash
and pledges enforceable by law of $6.2 million, exclusive of the amounts
paid by the Agency pursuant to the DDA. By July 31, 2001, the following
payments have been received and the following debts of the Center have
been retired: 1) The Annenberg Foundation has contributed $2.5 million to
the Center. The loan due the Berger Foundation in the principal amount of
$2.5 million has been paid. The Berger Foundation has contributed $2.5
million to the Center. The loan due to the City in the principal amount of
$500,000 has been paid, and the loan due to the Foundation in the principal
amount of $450,000 has been paid. The Center shall appoint a member of
the City Council to the Board of Directors of the Center with full voting rights.
The Foundation shall appoint the City Manager or his designee to the Board
of Directors of the Foundation with full voting rights. They shall establish
and maintain a reserve account sufficient to pay for the necessary deferred
and future repairs in the amount of $100,000. Beginning in the calendar
year 2002 and continuing until the termination of the sublease, the Center
agrees to either raise sufficient funds or otherwise have funds available to
adequately cover future operating shortfalls. The Executive Director...this
is final...finally, the Executive Director shall have approval of all financing
commitments and equity commitments to confirm that there are sufficient
commitments to maintain and operate the project. That's the extent of the
staff report. If there are any questions, I would be happy to answer them.
Any questions? I'm not sure...I need to ask the City Clerk something. I had
a blue card here, and I can't remember if it was for this subject or another
subject. Somebody must have picked it up.
RDK Let me check.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2001
RSK It was not a skate blue card. Oh, I know. I remember, it was the Homme
Park.
RDK Yes.
RSK Okay. If it's there, you might get it back for me.
BAC Under the previous agreement, if the Theatre is in default or closes or
whatever, the College ends up as the recipient. Is that still true?
DY No, it would be...this would be a sublease of the Agency and the City to the
McCallum Theatre. If they close their doors, it falls back on us, and we have
acquired the ground lease from the College.
RSK I think the answer to your question...who winds up with it if it was a default
and they decided to chuck the whole thing.
DY If the McCallum Theatre...
RSK If the folks in charge of the McCallum Theatre for some reason or other
decide to chuck the whole thing, who would wind up with it?
DY We would. They default on their sublease with us.
RSK That's the part I don't like.
BAC And if we so decided we did not wish to have it, then it goes to the College?
DY That would be a question for the College. We would still have a lease with
them. We would assume...we would assume the existing ground lease with
them.
BAC But the existing ground lease eventually ends up with the happy prospect of
the College...
DY That is correct.
BAC ...and I want to make sure...is that still true, then?
DY We would have to default. We would continue to have the ground lease
until the expiration of its term to 2049.
BAC But if we so chose...
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2001
RAS Mr. Yrigoyen, is there any way it can be written so that we would be second
and the College would be first if the Theatre went into default?
CLO I suggest that the representative of the College explain to you that lease and
what the provisions of that lease are because that lease does contain
provisions for, in that event, for the proceeds that are left to go to the
College.
BAC Right.
CLO With regard to the money that we're putting in, remember it's only earned on
a yearly basis. My understanding of that particular payment that we're
making is that in that event, whatever is left of that money comes back to us.
RAS But not the property.
CLO Well, we still have the sublease of the property. In essence, it's between us
and the College to then decide the disposition of the property.
BAC But we would have the ability then to hand that right to the College.
CLO Yes.
BAC Okay, that's what I'm...bottom line, it's still theirs.
DY Yes, we will have a ground lease with the College, and here it is, it's yours.
BAC Okay. Thank you.
RSK Are there questions from Council?
BAC One other quick one. On page 14 of the DDA, it talks about operation of the
project, and it notes that in terms of community events, that a special place
for community and civic organizations all at a level substantially equivalent
to the Center's existing programs.
DY Yes.
BAC That sounds as if that's the expectation. At least in my mind, the existing
commitments are the minimum expectation.
DY And there is an amended ground lease between the College and the
McCallum that they have just gotten through negotiating.
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BAC
Right, and I don't care if that's the College's business, but in terms of the
community, it seems to me that that section should note that the substantially
equivalent to the Center's existing programs is the minimum.
DY That is correct.
BAC This sounds like it's both the minimum and the maximum.
JMB Where are you reading from?
BAC On page 14, Section 3.3, under V. The Center agrees to provide...
JMB 3.3?
BAC 3.3, and if you go down...
JMB Oh, a place for special events?
BAC Right. All at a level substantially equivalent to the Center's existing
programs, etc., etc., etc. I don't have a problem with that. I just want to
make sure that it's understood that that commitment is the minimum
commitment.
DY And we can amend the DDA to make sure that that occurs.
BAC Okay. Alright. I know that's a small issue, but it just to me should be
clarified.
RAS Mr. Erwin, have you reviewed this Disposition and Development Agreement?
DJE No, sir.
DY That was done with our attorneys Richards Watson.
RAS I understand. Just a question.
RSK Any other questions? Does that conclude the staff report?
DY That is correct.
RSK I'll open the public hearing. Would anyone like to speak to this item? Give
your name and address for the record.
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TG I'm Ted Giatis. I'm the present CEO of the McCallum Theatre for the
Performing Arts, 73-000 Fred Waring Drive. Mayor Pro-Tem Kelly,
Councilmembers, good evening. In January the McCallum Theatre came
and asked you for support to help stabilize the chronic deficit problem, one
that has plagued the Theatre since its opening. At that time, you asked City
staff to explore ways of helping the McCallum. Also at that time, you asked
that the City not be the only one to shoulder this responsibility and asked the
Theatre to raise $2 for every $1 of City funding. In addition, there were a
number of other criteria to be met by the Theatre to enhance its role as a
true community performing arts venue. On behalf of the McCallum Theatre,
I am pleased to stand before you and tell you that the McCallum Theatre has
either met or is prepared to meet the criteria and has raised over $11 million
in cash and pledges, $5 million from two foundations and $6 million directly
from the Board of Trustees, thus meeting the financial challenge. I'd like to
thank you Councilmembers, the City of Palm Desert, the City Manager
Carlos Ortega, and Executive Director David Yrigoyen of the Redevelopment
Agency, for your vision and help in bringing us to this juncture. I would also
like to thank the Board of Trustees of the College of the Desert and
especially Dr. William Kroonen and his staff for assisting with their diligence
and cooperation to make this process for us a possibility. And lastly, but not
least of all, I'd like to thank the over 325 new Friends of the Center who
through our campaign have given in contribution sizes $5 to $1,500 for a
total of $48,000 to invest toward the Center, which is truly in my estimation
a solid investment in the McCallum Theatre from the local community. On
behalf of the McCallum Theatre, I want to thank you for your kind
consideration and support of our community theatre. Thank you.
RSK Anyone else like to speak? Seeing no one, I'll close the public hearing and
ask for Council's direction.
RAS As soon as I put my button on. It's not unique for a city to help a cultural
activity that brings tourists to its city. I have an article in front of me from the
Los Angeles Times addressing the aquarium in Long Beach. As you know,
they had the Queen Mary and they lost the Spruce Goose and they built an
aquarium. And I'd like to read just two paragraphs: "The Long Beach
Aquarium, a key part of the City's waterfront revival, will not be able to make
its $8.5 million bond payment this year unless it can reduce expenses and
increase visitors, financial reports revealed Thursday. If the Aquarium of the
Pacific cannot meet its obligations, the City of Long Beach has pledged to
help the two and a half year old attraction pay the principal and interest on
almost $115 million in bonds sold to investors." Secondly, in my opinion,
there are three major cultural facilities in our Valley. One is the Museum in
Palm Springs, one is The Living Desert, and one is the McCallum Theatre.
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TG
And to see any of those go under would not only be a detriment to the City
of Palm Desert but the entire Valley. That said, the Museum, which I guess
is the oldest, has been able to do a pretty good job without the help of the
City of Palm Springs in keeping afloat and in growing. They have an annual
budget, as I understand, of about $2 million a year. They have an
endowment in excess of $9 million. They receive from that endowment
about $600,000 a year, and in order to stay afloat, because obviously the fee
that you pay to go to the Museum does not pay for the Museum, they're able
to raise $1.4 million. And consequently, they grow and they go forward, and
they do it by coming to the City of Palm Desert and asking us to help for a
major exhibit that they're going to have, etc. The Living Desert sells animals.
I don't think you have any animals to sell, but they sell animals, take care of
animals, and they do a pretty good job. I am certainly in favor of supporting
the $5 million, but I don't want to become an Escondido, and by that I mean
the City of Escondido, when they built their Civic Center, they also built a
theater much the size of the McCallum adjacent to their Civic Center. And
it costs the City of Escondido in excess of $1 million year in and year out
from here to eternity to maintain that theater. I would like to be assured in
some way that this isn't going to happen at the McCallum, that with this
stipend, and it's obviously more than a stipend, with this stipend, the Theatre
then will be going in the right direction and won't be coming back every year
for major amounts of money. I'm not talking about the summer performances
that we help you out with, etc. But you know what I'm talking about, Ted.
Would you like to address that?
Part of the strategy that we developed, and we looked at this over the last
two years, looking at our situation, it seemed to me, and I've been at the
Theatre for not quite two years, that the chronic problem was a result of just
trying to meet the operating deficits but not enough attention was placed on
building endowment. And so the funding plan that we put together had two
very important pieces, the retirement of the debt and then the building of the
endowment. And so we had envisioned over about a three-year period of
time of having an initial thrust for the endowment and debt reduction of about
$15 million, and over a five-year period $25 million. The hope was to
establish a $10 million endowment so that the income coming off of that will
take care of the deficits. And the Theatre's had a good history of raising
about $1 to $1.5 million a year in unearned income. The shortfall has been
about $1 million. We've needed, really, to raise about $2.5 million. What we
have planned to do under our current funding vision, if you will, is by the time
we eliminate our debt, which is $2.5 million to the Berger Foundation,
$500,000 to the City and also paying back our endowment that some years
ago had been invaded, we will reduce our sort of carrying costs for that debt
by about $400,000/$500,000 a year. Then when we turn around and have
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a $10 million endowment, which conservatively hopefully will spin off about
$600,000, we will then have $1 million in savings over where we are now,
which will take the $2.5 million deficit down to a very manageable $1.5
million. So, for me, and I believe the Board as well, the secret really lies in
establishing the endowment. So, currently, we have pledges, as I said, from
two foundations totaling $5 million, we have $6 million from our Board, that's
two pieces, sort of, legs on the stool, and the third piece we're hoping $5
million will be from the City, which will take us to where we need to be.
RAS While you're up here, are you planning on any other requests to any of our
sister cities?
TG Yes, sir. In fact, I and members of my Board, not all but some of them, we
have sat down with each of the Councilmembers of the City of Rancho
Mirage, we've sat down with several of the Councilmembers over at Indian
Wells. And I can't speak for Rancho Mirage, but I will say that Indian Wells
said as soon as Palm Desert commits, then they would be willing to talk to
us further on this. And I want to stress that in about a year's time, we, I feel,
will be able to raise $15 million instead of a three-year period, and I feel
confident that the $25 million target or goal could be accomplished in about
two to three years from this point.
RAS
JMB
Thank you. I've got one last comment. I happen to be the Council Liaison
to the Palm Desert Chamber of Commerce, and I brought this to them at their
last meeting and said to them basically what I've said to you this evening.
And 100% they endorsed the City supporting the McCallum, particularly the
fellow that runs Hacienda de Monterey because he said that this is one his
chief marketing ploys is to use the McCallum Theatre. So, that said, that's
my comments.
I might just add in response to what you asked, Bob, also having been the
Liaison to the McCallum over the years and kind of the saying goes "God
helps those that help themselves." And that was kind of the philosophy that
the Board took when they were raising the money, and a lot of people came
forward and said you get this cleaned up and have a clean slate and go
forward, there'll be more money coming in. So I think Ted is right in that I
think it will grow faster once it's on a clean slate and going forward.
RSK What's the Council's pleasure?
BAC I would move to approve the staff recommendation with the minor
amendment in Section 3.3 of the DDA and also noting that I think from
previous discussions that we have a disagreement in terms of whether or not
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we should have, as a City, voting membership on the actual Board of
Directors and the Foundation Board of Directors. I would also, then, move
to continue Section 3.1.4 and 3.1.5, just simply having to do with
membership, to our meeting in July, but to approve the remainder of the DDA
this evening.
RAS I would second that.
RSK It's been moved and seconded. Would you please vote.
RDK The motion carries by unanimous vote, 4-0.
BAC Well, I think congratulations are in order to a whole lot of people in this room
who now need to go out and get to those second and third jobs you've had
to take in order to make your pledges.
RSK We appreciate you all being here, but we need to hold up a second while
you all are able to leave, not that you're not welcome to stay and participate
in the rest of the Council meeting.
Note: The action was to waive further reading and adopt: 1) City Council Resolution
No. 01-82, approving the lease of property by the Palm Desert Redevelopment Agency
from and to Friends of the Cultural Center, Inc., for operation and maintenance of a
performing arts center pursuant to the Redevelopment Plan for Project Area No. 1; and
2) Redevelopment Agency Resolution No. 421, approving the lease of property by the
Agency from and to Friends of the Cultural Center, Inc., for operation and maintenance of
a performing arts center pursuant to the Redevelopment Plan for Project Area No. 1, with
minor amendment to Section 3.3 of the DDA and continuance of Sections 3.1.4 and 3.1.5
of same, regarding membership, to the City Council and Agency Board Meetings of
July 19, 2001. The motion carried by a 40 vote, with Mayor/Chairman Ferguson ABSENT.
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F. CONSIDERATION OF A REQUEST BY LAMB ARCHITECTS ON BEHALF
OF HAMPTON INN FOR APPROVAL OF A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT, A MASTER PLAN OF DEVELOPMENT FOR
THREE (3) LOTS FRONTING ON GERALD FORD DRIVE WEST OF
COOK STREET, A PRECISE PLAN/CONDITIONAL USE PERMIT FOR A
THREE-STORY, 88-ROOM HOTEL TO BE CONSTRUCTED ON 2.4 ACRES
ON THE NORTH SIDE OF GERALD FORD DRIVE, APPROXIMATELY
200 FEET WEST OF COOK STREET, 74-900 GERALD FORD DRIVE, AND
AN APPROVAL OF TOWER ELEMENTS IN EXCESS OF 35 FEET ON THE
HAMPTON INN Case No. PP/CUP 00-27 (Lamb Architects, Applicant).
Mr. Smith reviewed the staff report, noting that this project was before the
Council at its meeting of May 10, 2001, at which time Council denied the
project without prejudice and referred the matter back to Planning
Commission to consider certain issues, specifically the lack of landscaping
in the first phase, lack of overflow parking for the hotel, quality of the
Hampton Inn, need for a bus stop in front of the project, excessive u-turn
movements to get back to Cook Street if the street to the northwest was not
built in a timely fashion, building architecture and height, and approving
projects while the General Plan is updated. He said the applicant had come
back with revised plans, and the matter was presented to the Planning
Commission at its meeting of June 5, 2001, at which time the Commission
voted to reaffirm its previous recommendation of approval. In doing so, it
added three conditions: 1) that all perimeter landscaping shall be installed
prior to issuance of certificate of occupancy for Hampton Inn. If work is not
commenced on the gas station and/or restaurant pads by the time of
completion of Hampton Inn, those pads shall be seeded with wildflower
seeds and irrigated appropriately; 2) that the street and sidewalk
improvement plans include provision for a bus pullout and shelter on Gerald
Ford Drive, with architecture complementing the building architecture to the
satisfaction of the Director of Community Development; 3) that the proposed
street to the west of the restaurant site, Street "A" on PM 30042, be installed
north from Gerald Ford Drive to the Hampton Inn access driveway prior to
occupancy of the Hampton Inn. He added that the Planning Commission
continued to support the project and felt the Hampton Inn was an appropriate
type of hotel in this location. In addition, the project meets all code
requirements except for tower heights, which requires Council approval. He
reviewed in detail the applicant's responses to City Council concerns as
outlined in the staff report dated June 28, 2001.
Councilmember Benson stated she was the one who had previously brought
up the quality issue of Hampton Inns. She said she did see the Hampton Inn
in Scottsdale on Litchfield Road, which was fairly new, and she felt it was
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very nice looking. She asked if the same architect who did the Scottsdale
Hampton Inn would be doing this one in Palm Desert.
Mr. Smith responded that the architect would be able to answer that
question.
Mayor Pro-Tem Kelly encouraged the developer to use some of its art in
public places monies in the design of the bus shelter as a piece of public art
and go through that approval process.
Mayor Pro-Tem Kelly declared the public hearing open_ and invited testimony in
FAVOR of or in OPPOSITION to this request.
MR. MARK BARBOUR, Lamb Architects, 426 N. 44th Street, Phoenix,
Arizona, stated that the Hampton Inn on Litchfield Road in Goodyear was
designed by his firm. He added that the general contractor who built that
facility was also in attendance at this meeting and would be the general
contractor for the Palm Desert Hampton Inn.
MR. ERIC JACOBS, Hilton Hotels Corporation, Beverly Hills, California,
stated that a folder of materials had been presented to the Councilmembers
relative to Hampton Inns and other hotels affiliated with Hilton Hotels.
With no further testimony offered, Mayor Pro-Tem Kelly declared the public hearing
closed.
Councilman Spiegel said he felt this would be an excellent addition to the
City of Palm Desert in this particular location.
Councilman Spiegel moved to waive further reading and adopt Resolution
No. 01-89, approving Case No. PP/CUP 00-27. Motion was seconded by Benson.
Mayor Pro-Tem Kelly stated that the intersections in this area were very
important to the City of Palm Desert, and he expressed concern that
developing them closes off the opportunity to do something innovative in the
way of intersections where traffic can move more smoothly. He challenged
the Public Works Department to take a corner such as Portola Avenue and
Gerald Ford Drive where there currently is no development and design
something new and different.
Mayor Pro-Tem Kelly called for the vote, and the motion carried by a 4-0 vote, with
Mayor Ferguson ABSENT.
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G. CONSIDERATION OF APPROVAL OF A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT, ACHANGE OF ZONE FROM PR-5 (PLANNED
RESIDENTIAL, 5 UNITS PER ACRE) TO O.P. (OFFICE PROFESSIONAL),
AND A PRECISE PLAN OF DESIGN FOR TWO BUILDINGS (AN OFFICE
AND A BANK) ON A 2.33-ACRE SITE ON THE NORTH SIDE OF
COUNTRY CLUB DRIVE, 450 FEET EAST OF PORTOLA,
74-150 COUNTRY CLUB DRIVE; PROPOSED ZONE CHANGE ALSO
INCLUDES THE 2.33-ACRE LOT IMMEDIATELY TO THE WEST
Case Nos. C/Z 01-02 and PP 01-02 (Robert Orr, Applicant).
Mr. Smith reviewed the staff report in detail, noting that this new plan
complied 100% with required on -site parking. He said the project had
received preliminary approval of the Architectural Review Commission in
April, and the Planning Commission on June 5th reviewed the revised plans
and recommended approval of the project and zone change. He said at the
time of the June 5th Planning Commission hearing, he'd had contact with
Pastor Blue of the 7th Day Adventist Church, who indicated support for the
revised plan.
Councilman Crites asked why staff was proposing a zone change for land on
which there is currently no proposal for a project.
Mr. Smith responded that this plan would be utilizing part of the 12 feet on
the easterly perimeter of the westerly lot which would become driveways for
this project.
Upon further question by Councilman Crites relative to the height limit in the
PR-5 zone, Mr. Smith responded that it was 24 feet and two stories. He
added that the project met all standards of the PR-5 zone.
Councilmember Benson disagreed with Councilman Crites and said she
would rather change the entire zoning at one time.
Mayor Pro-Tem Kelly declared the public hearing open and invited testimony in
FAVOR of or in OPPOSITION to this request.
MR. ROBERT ORR, 77-734 Country Club Drive, Palm Desert, said he was
representing the property owner and was available to answer any general
questions. Any design or technical questions he said would be deferred to
the project architect.
Councilman Spiegel asked if the office building would be used primarily as
a medical building.
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Mr. Orr responded that it would be a professional office building, and a
medical building would require a lot more parking.
MR. ROBERT RICCIARDI, project architect, 75-090 St. Charles Place, Suite
A, Palm Desert, said staff and the Architectural Review Commission felt the
architecture looked good and was something the City could be proud of. He
said the developer was in agreement with all of the staff conditions.
With no further testimony offered, Mayor Pro-Tem Kelly declared the public hearing
closed.
Councilman Spiegel said he felt this looked like a good project.
Mayor Pro-Tem Kelly stated that all of the projects there so far are single -
story, and he hoped the one piece of property left would be developed as
single -story as well.
Councilman Spiegel moved to waive further reading and: 1) Pass Ordinance
No. 991 to second reading, approving Case No. C/Z 01-02; 2) adopt Resolution No. 01-90,
approving Case No. PP 01-02. Motion was seconded by Benson and carried by a
3-1 vote, with Councilman Crites voting NO and Mayor Ferguson ABSENT.
H. CONSIDERATION OF CONSOLIDATED PALM DESERT LANDSCAPE AND
LIGHTING DISTRICT FISCAL YEAR 2001/02 ASSESSMENT LEVY.
Finance Director Paul Gibson stated this was for all of the City's Landscape
and Lighting Districts for Fiscal Year 2001/2002. He noted that the City's
General Fund would be picking up an amount up to $50,000 of the excess
costs that cannot be passed on to the residents.
Mayor Pro-Tem Kelly declared the public hearing open and invited testimony in
FAVOR of or in OPPOSITION to this request. With no testimony offered, he
declared the public hearing closed.
Councilman Spiegel moved to waive further reading and adopt: 1) Resolution
No. 01-91, amending and/or approving the Engineer's Report for FY 2001/02;
2) Resolution No. 01-92, ordering the levy and collection of assessments for FY 2001/02.
Motion was seconded by Benson and carried by a 4-0 vote, with Mayor Ferguson
ABSENT.
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XII. REPORTS AND REMARKS
A. CITY MANAGER
1. Update on Ice Rink.
Mr. Ortega stated that a letter had been received from Indoor Centers
for Education in Sports indicating that, as a result of some pledges,
they have the ability to build an ice rink facility, since the facility at
Westfield Shoppingtown will be closed by July 6t. He noted that a
temporary facility was not feasible because of the time involved in
finding a site as well as costs for things such as electricity, water,
sewer, etc. He said the group had been advised that if it would raise
the funds to create an ice rink, the City could, as part of the park it
was building on Country Club with parking and infrastructure, provide
two acres of land for an ice facility. He noted that the letter indicated
a cost of approximately $850,000; however, based on his analysis of
information that has been submitted, this would be for the building
only and would not include other on -site facilities that need to be
brought to the site. The cost including those other items could be as
much as $2 million. With regard to the proposal that had been
submitted, he said this was something that could be looked at. A
concept and time frame were being done for the development of that
park, and the City was currently in escrow for the purchase of the
property.
Councilman Spiegel stated it was his understanding that the
developer, along with investors, would build the rink, and the City
would supply the land.
Mr. Ortega responded that the City would provide the land and
infrastructure, including parking and water. He said in addition to the
planned baseball and basketball fields and other amenities, the City
would also be working with the School District to locate an elementary
school on that site.
Upon question by Councilman Crites relative to other developers who
had indicated they were "days away" from breaking ground on other
ice rink facilities, Mr. Ortega responded that the City had approved a
plan to locate a completely different facility in another location, and
it would be something big enough to have professional ice skating.
The facility being considered at this time was totally different, and he
doubted that both facilities could go forward. He said people the City
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had spoken with indicated a smaller facility like this would be feasible;
however, it would have to have some element of organized hockey
that would support about one-third of the cost, recreational hockey a
third of the cost, and other youth programs the other third.
Councilman Crites asked if this proposal was for a "full-sized" sheet
of ice. He also asked what actions the City would need to do to make
sure the City is not the last obstacle in terms of the proposal going
forward with efficiency.
Mr. Ortega responded that Mr. Gary Steven would need to address
the question with regard to the ice size. With regard to Councilman
Crites' other question, he said the Council could direct the City
Manager and staff to work on master plan that would include land for
such a facility.
Councilman Crites asked staff to bring to the next Council meeting a
preliminary timetable starting July 19th to a completion date.
Mayor Pro-Tem Kelly invited members of the audience to speak. The
following individuals spoke in favor of the new ice rink:
MR. GARY STEVEN, 46-645 Washington Street, La Quinta, said they
could get a proposal right away if the City agrees to donate the land
for the facility. He said it would then take 14 to 16 weeks to have the
building up and running.
MS. SUSAN HOFHEINZ, 74-520 Yucca Tree, Palm Desert, showed
a home video of a protest at the Westfield Shoppingtown the previous
weekend by members of the skating community, with those members
being asked to leave the mall by hired security personnel.
MS. SANDRA WRIGHT SCHULZ, 10 Florence Lane, Palm Desert,
expressed concern with the timing of the remodel of the mall and said
the skaters had never been told of the change in the timetable which
meant the closing of the rink was moved up. She said they had also
been told by members of Westfield that the skating community would
be taken care of, and they assured the skaters that when the rink did
closed, they would make sure the skaters had somewhere to go; if
there was not another facility, they said they would help the skaters
set up something in the "north forty" of the parking lot. May 1st was
the first the skating community knew the ice rink would be closing,
and they were only given 30 days notice.
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Councilman Crites said that he felt the ice rink in the mall had lived
on, in essence, no guarantee of a day tomorrow for two years. He
said as far as he was concerned, when the other developers came in
and said they were going to build one, Westfield said they would
keep the current facility open as long as, etc., that 30 days could
have happened a year and a half ago, a year ago, six months ago or
today.
Mayor Pro-Tem Kelly said he felt everyone should work together in
order to get a new ice rink built rather than being negative and
rehashing things that happened in the past.
MR. BOB ROSS, 45-035 Palm Street, Indio.
ADAM and BRET STEVEN, 46-645 Washington Street, La Quints.
MS. BARBARA BERGMAN, 69-755 Buckthorn 124, Mountain Center.
MR. DAVID HOKANSON, Vice President of Development for
Westfield, 11601 Wilshire Blvd., Los Angeles, applauded the efforts
of the City and the ice skating community to find an alternate and
permanent facility. He said they had not as yet been approached by
any group relative to their participation in the development of a
permanent facility. He said if the group was interested in some
financial backing, he was extending an invitation for them to contact
Westfield. In addition, he said he challenged the communities in the
Coachella Valley who were not currently participating in this process
to do so, including the Cities of Palm Springs, Cathedral City, Indian
Wells, and Rancho Mirage, because he felt they have a responsibility
to their citizens who use the facility.
Councilman Crites stated that approximately a year and a half ago,
the City expressed interest in participating in a Valley -wide program
with other cities for such a facility. He said the other cities in the
Valley were notable for their silence on this matter.
Mayor Pro-Tem Kelly asked everyone interested in the ice rink to look
back at the record of the City of Palm Desert as far as its contribution
to recreation in the Coachella Valley, and Palm Desert had never
shown any indication that it was anything but eager and willing to
work toward getting an ice rink. He noted that 30% of all of the youth
who participate in youth activities in Palm Desert are from other cities
in the Valley, and the City was willing to provide recreation for youth
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in other communities. He asked that the people have faith in the City
and give the Council a chance to do its job.
Councilman Crites stated that with regard to the protest the previous
weekend, he suspected Westfield had every legal right to restrict use
of its facility, although one could argue about whether it was wise to
do so. He said the City Council's business was to try and resolve the
issue of a new ice rink.
MR. PETER FLAX, resident of Rancho Mirage, said the skating
community did not consider the City of Palm Desert the bad boy in
this situation and congratulated the City on its forward thinking. He
thanked Mr. Hokanson for his offer and said they would certainly take
him up on that offer. He agreed with Mr. Ortega's comment that the
figure of $850,000 was actually for the building, the refrigeration, the
ice plant, some toilets and changing rooms, some lockers, and a very
small amount of seating. Everything above that was a build -upon
situation. He added that timing was their biggest concern, and they
had had many offers of support and help from contractors, architects,
concrete workers, etc. Their target was six months for the building to
be up and working. He asked that the City Council fast -track this
project as much as possible so that the people who use the ice rink
will be impacted as little as possible. He added that the people in the
community appealed to Westfield to keep the current ice rink open for
at least six months until the new facility is completed.
Councilman Spiegel stated the City's number one source of income
is sales tax. It will take about three and a half years to remodel the
mall. If the remodel does not start on July 5th, it will be four and a half
years. He said the work will be done until approximately
Thanksgiving, at which time it will close down for the Christmas
season when the mall does the most business. The workers will be
on the job from 10:00 p.m. until 6:00 a.m. so that the mall can stay
open. The only place to stage all of the equipment necessary to do
the remodel is the ice skating rink. If the City were to go along with
Mr. Flax's request and ask Westfield to keep the rink open for six
months, he felt the Council would be derelict in its responsibility to the
citizens of Palm Desert. There are several new retail developments
opening up soon in other cities in the Valley, and the City of Palm
Desert stands to lose business to these other developments. He said
he would be opposed to keeping the ice rink open for an additional
six months.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2001
MS. TERRIE O'BRIEN, 73-285 Goldflower Street, Palm Desert, said
she was an ice skating coach and had received a call from John
Wareham at the ice skating rink. She said he had asked her to tell
Mr. Hokanson that he had not sold his equipment and would stay in
the mall through Labor Day if Westfield would agree, and he wanted
out after that time.
With City Council concurrence, Mayor Pro-Tempore Kelly recessed the
meeting at 4:51 p.m. He reconvened the meeting at 5:01 p.m. and returned to
the Redevelopment Agency and Housing Authority Meeting Agendas.
2. Consideration of State Transportation Improvement Program (STIP)
Discretionary Projects.
Councilman Spiegel moved to add this item to the Agenda. Motion was seconded
by Crites and carried by a 4-0 vote, with Mayor Ferguson ABSENT.
Mr. Gaugush reviewed the staff report dated June 26, 2001. He
noted that the subcommittee recommended that the following projects
be submitted for STIP funding: 1) Portola Avenue Bridge at
Whitewater Channel; 2) Cook Street Bridge at Whitewater Channel;
3) extension of Dinah Shore Drive between Monterey Avenue and
Portola Avenue/Gerald Ford Drive; 4) widening of Monterey Avenue
to six lanes from Dinah Shore Drive to Gerald Ford Drive (joint project
with the City of Rancho Mirage); and 5) Portola Avenue overpass at
Interstate 10 (joint project with County of Riverside).
Mayor Pro-Tem Kelly stated that he did not remember the Cook
Street Bridge at Whitewater Channel being one of the items reviewed
in the subcommittee. He asked what would be done if the City
submits these projects to RCTC and a bridge on Cook Street is
approved but not on Portola Avenue. He said the dip on Cook Street
was very shallow but was wide and hd golf -cart lanes and walkways,
while Portola had a bad dip and no sidewalks or golf -cart paths. He
expressed concern with submitting both of those projects when
Portola Avenue is so much more desirable than Cook Street.
Upon question by Councilmember Benson, Mayor Pro-Tem Kelly
stated that the City had to submit the projects as unranked. He said
RCTC discouraged cities from submitting so many projects, and he
felt the City would do better to put effort into the other projects
mentioned by Mr. Gaugush. He suggested that the Cook Street
Bridge project not be submitted.
45
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2001
Mayor Pro-Tem Kelly moved to, by Minute Motion, approve the following projects
for STIP funding application: 1) Portola Avenue Bridge at Whitewater Channel
(City Project); 2) extension of Dinah Shore Drive between Monterey Avenue and Portola
Avenue/Gerald Ford Drive (City Project); 3) widen Monterey Avenue to six lanes from
Dinah Shore Drive to Gerald Ford Drive (Joint Project w/Rancho Mirage); 4) Portola
Avenue overpass at Interstate 10 (Joint Project w/County of Riverside). Motion was
seconded by Benson and carried by a 4-0 vote, with Mayor Ferguson ABSENT.
B. CITY ATTORNEY
1) Request for Closed Session:
Conference with Real Property Negotiator pursuant to Government
Code Section 54956.8:
1) Property: Located north of Frank Sinatra Drive, between
Portola Avenue and Cook Street, Palm Desert, CA
(AP Ns 653-400-030/032/033/034)
Negotiating Parties:
Agency: Carlos L. Ortega/City of Palm Desert/Palm Desert
Redevelopment Agency
Property Owner: American Realty Trust
Under Negotiation: x Price x Terms of Payment
2) Property: APN 653-020-062 (Approximately 11.48 acres)
Negotiating Parties:
Agency: Carlos L. Ortega/City of Palm Desert/Palm Desert
Redevelopment Agency
Property Owner: A. J. Lazar
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
b) Renee Capela v. City of Palm Desert, Riverside County
Superior Court Case No. INC 021720
Conference with Legal Counsel regarding significant exposure to
litigation pursuant to Government Code Section 54956.9(b):
Number of potential cases: 2
46
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2001
2) Report and Action on Items from Closed Session at This Meeting.
None
C. CITY CLERK
None
D. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Consideration of Review of the City's Animal Control Ordinance
(Mayor Pro-Tempore Richard S. Kelly).
Action: Discussed with New Business Item A , Animal Control
Services Contract FY 01/02.
2. Consideration of Salton Sea Legislative Issue
(Councilman Buford A. Crites).
Councilman Crites asked that the Legislative Review Committee consider the water
transfer legislation.
o City Council Committee Reports:
1. Update on Energy Issues (Councilman Buford A. Crites).
None
2. CVAG Traffic Overpasses Proposal
(Mayor Pro-Tempore Richard S. Kelly).
Mayor Pro-Tempore Kelly stated while he felt CVAG's emphasis
would be on east -west roadways, he believed Palm Desert should
push for north -south routes, especially Monterey Avenue.
XIII. ORAL COMMUNICATIONS
None
47
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2001
XIV. ADJOURNMENT
Councilman Crites moved to adjourn to Closed Session at 6:01 p.m. Motion was
seconded by Spiegel and carried by a 4-0 vote, with Mayor Ferguson ABSENT.
Mayor Pro-Tem Kelly reconvened the meeting at 7:00 p.m., with no action
announced from Closed Session.
Upon motion by Spiegel, second by Crites, and unanimous vote of the City Council,
Mayor Pro-Tem Kelly adjourned the meeting at 8:43 p.m.
ATTEST:
SHEILA R. GILLtGAN, C CLERK
CITY OF PALM DESE CALIFORNIA
RI HARD�S. KELL , AYOR P,
48
O-TEMPORE