HomeMy WebLinkAbout1995-03-23MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, MARCH 23, 1995
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I. CALL TO ORDER
Mayor Pro-Tem Snyder convened the meeting at 4:00 p.m.
H. ROLL CALL
present:
Councilmember Jean M. Benson
Councilman Richard S. Kelly
Councilman Robert A. Spiegel
Mayor Pro-Tem Walter H. Snyder
Excused Absence:
Mayor Buford A. Crites
Also Present:
Bruce A. Altman, City Manager
David J. Erwin, City Attorney
Sheila R. Gilligan, City Clerk
Richard J. Folkers, ACM/Director of Public Works
Carlos L. Ortega, ACM/Executive Director of Redevelopment Agency
Pat Conlon, Director of Building and Safety
John Wohlmuth, Assistant to the City Manager
Phil Drell, Senior Planner
Agnes Flor, Accounting Manager
Evelyn Bridges, Senior Code Compliance Officer
M. ORAL COMMUNICATIONS - A
MR. ROBERT DALE, 74-140 El Paseo, Suite 2, spoke on behalf of the American Red Cross and
thanked the Council for its support in giving the American Red Cross a resolution on its move to
Palm Desert several months ago. He personally thanked Councilmembers Benson, Snyder, and
Kelly for attending the recent open house.
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REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 23, 1995
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IV. CONSENT CALENDAR
A. MIEVEM of the Regular City Council Meeting of March 9, 1995.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 36A, 37,
and 38.
Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Flora Carmen Abarca and
Manuel Abarca for 72-785 Highway 111, Bl, Palm Desert.
Rec: Receive and file.
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Flora Carmen Abarca and
Manuel Abarca for 40-205 Washington Street, #3, Palm Desert.
Rec: Receive and file.
E. pRELIMINARY SCHEDULEOF INVF,STMENTS as of February 28, 1995.
Rec: Receive and file.
F. RESOLUTION NO. 95-16 - 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 and Safety that have been Microfilmed (October 1994).
Rec: Waive further reading and adopt.
G. RESOLUTION NO. 95-17 - 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 and Safety that have been Microfilmed (November 1994).
Rec: Waive further reading and adopt.
H. RESOLUTION NO. 95-18 - 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 and Safety that have been Microfilmed (December 1994).
Rec: Waive further reading and adopt.
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I. RESOLUTION NO. 95-19 - 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 and Safety that have been Microfilmed (January 1995).
Rec: Waive further reading and adopt.
J. RESOLUTION NO. 95-20 - 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 and Safety that have been Microfilmed (February 1995).
Rec: Waive further reading and adopt.
K. REQUEST FOR REFUND of Swimming Pool Permits for Palobrea at Bighorn.
Rec: By Minute Motion, authorize the refund of $2,284.80 to Andrew Pierce
Corporation, builder of Palobrea at Bighorn Communities for 16 swimming pool
permits.
L. REQUEST FOR APPROVAL of Out -of -State Travel for Mayor Buford A. Crites.
Rec: By Minute Motion, approve Mayor Buford A. Crites travel to Washington, D.C.
and authorize the City Clerk to process payment for airfare in the amount of
$527.00 from Account No. 110-4110-410-3120.
M. REOUEST FOR AWARD OF PURCHASE of Eight -Passenger Van.
Rec: By Minute Motion: 1) Reject bids received from Person Ford and Folsom Ford; 2)
award purchase of eight -passenger van to Riverside Chevrolet/Geo in the amount
of $21,260.43.
N. REQUEST FOR APPROVAL of Construction Agreement with Caltrans District 08 - Cook
Street and I-10 Interchange (Contract No. C09690).
Rec: By Minute Motion, authorize the Mayor to enter into a Construction Agreement
with Caltrans District 08 for the construction of the Interchange at Interstate 10 and
Cook Street (Contract No. C09690).
O. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Monterey Avenue
and Whitewater Channel Bridge (Contract No. C09700).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the
Monterey Avenue Bridge at the Whitewater Channel.
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Mr. Altman asked that Item K be removed for separate discussion under Section IX, Consent Items
Held Over, of the Agenda.
Upon motion by Spiegel, second by Kelly, the remainder of the Consent Calendar was approved
as presented by unanimous vote.
V. RESOLUTIONS
None
VI. ORDINANCES
For Introduction:
A. ORDINANCE NO. 775 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, ADDING CHAPTER 2.26 TO TITLE 2 QF THE CODE
OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING THE ECONOMIC
DEVELOPMENT ADVISORY COMM"' i t.
Mr. Altman asked that this matter be held until the next meeting because the Economic
Development Advisory Committee was working on some revisions to the ordinance and
bylaws.
Councilman Kelly moved to continue this matter to the meeting of April 27, 1995. Motion was
seconded by Spiegel and carried by unanimous vote.
For Adoption;
A. ORDINANCE NO. 772 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING
ORDINANCE TEXT RELATING TO SIGNS, SECTION 25.68, Case No. ZOA 94-3
(Continued from the Meeting of March 9, 1995).
Mr. Drell noted correspondence in the packets from merchants on El Paseo and from the El
Paseo Business Association Board of Directors regarding the "open" sign section of the
amendment. He said he had provided Council with copies of an amended exhibit for this
ordinance which included the additional restrictions mentioned in the Business Association
letter. He noted that Ms. Sonia Campbell from the El Paseo Business Association was
present to respond to any questions.
Councilman Spiegel asked what the effect would be on the rest of the City. Mr. Drell
responded that these additional restrictions only applied to El Paseo. He said the only thing
being changed in this ordinance was the section dealing with El Paseo. Councilman Spiegel
noted that some of the "open" signs on El Paseo were fluorescent. Mr. Drell responded that
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the signs would have to conform to the restrictions in the ordinance, and it was possible that
there were existing signs that would have to be redone.
Mr. Erwin stated that because there were substantial changes from the original ordinance as
introduced, the ordinance was actually back before Council for first reading, not adoption.
Upon question by Councilmember Benson, Ms. Sonia Campbell stated that the El Paseo
Board would be reviewing this in one year. With regard to the fluorescent signs, the colors
discussed were the colors of the signs on the pedestals on the sidewalks, not the signs on the
windows.
Mr. Drell added that restaurants are permitted to display menu boards under a different
section of the ordinance. He noted that the entire ordinance would sunset after one year, and
Council would have to take action to extend it at which time it could be amended.
Councilmember Benson moved to waive further reading and pass Ordinance No. f to second
reading. Motion was seconded by Spiegel and carried by unanimous vote.
B. ORDINANCE NO. 774 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF THE MUNICIPAL
CODE RELATIVE TO ESTABLISHING SPEED ZONES (Edgehill Drive between Painter's
Path and Greene Way).
Mr. Altman noted that there had been no changes to this ordinance, and he recommended its
adoption.
Councilman Spiegel moved to waive further reading and adopt Ordinance No. 774. Motion was
seconded by Kelly and carried by unanimous vote.
VII. CONSENT ITEMS HELD OVER
K. REOUEST FOR REFUND of Swimming Pool Permits for Palobrea at Bighorn.
Rec: By Minute Motion, authorize the refund of $2,284.80 to Andrew Pierce
C.,.r.,.&t:on, builder of Palobrea at Bighorn Communities for 16 swimming pool
permits.
Mr. Altman stated that there had been a change in the request and asked that this matter be
pulled with no Council action. Council concurred.
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VIII. NEW BUSINESS
A. REQUEST FOR APPROVAL OF REVISED RESOLUTIONS INCREASING THE
APPROPRIATIONS TO THE REDEVELOPMENT REVOLVING FUND BY $8,000,000
FOR FUNDING OF SECTION FOUR AND u i rir it PUBLIC PRIVATE PROJECTS
(JOINT 1TEM WITH THE PALM DESERT REDEVELOPMENT AGENCY)
Mr. Ortega reviewed the staff report and offered to answer any questions.
Member/Councilmember Benson questioned the staff report relative to funding of the
Sportspark Complex.
Mr. Ortega responded that the Council/Agency Board had approved a lease agreement that
contained provisions for making a loan, and the amount authorized to be loaned by the
Agency was $3 million plus the lease of the land. He said that before this money is spent,
staff would come back to the Council/Agency Board with the projects.
Member/Councilman Kelly moved to: 1) Waive further reading and adopt City Council Resolution
No. 95-15 increasing the appropriations to the Redevelopment Revolving Fund by $8,000,000 and revising
and superseding City Council Resolution No. 93-54 which established a Redevelopment Revolving Fund for
the Palm Desert Redevelopment Agency for Project Area No. 2; and 2) waive further reading and adopt
Redevelopment Agency Resolution No. NI increasing the appropriations to the Redevelopment Revolving
Fund by $8,000,000 and revising and superseding Redevelopment Agency Resolution No. 275 which agreed
to the terms of the establishment of a Revolving Loan Fund for Project Area No. 2. Motion was seconded
by Spiegel and carried by unanimous vote of the Council/Agency Board.
B. REQUEST FOR CONSIDERATION OF AN APPEAL BY SANDPIPER HOMES, LTD.
RELATIVE TO REMOVAL OF STOCKPILED DIRT ON PROPERTY AT 73-651
HOVLEY LANE (APN 622-020-031).
Ms. Evelyn Bridges, Senior Code Compliance Officer, reviewed the staff report and
recommendation that the appeal be denied and the applicant be given ten days to take care
of the problem and bring the dirt down to a level even with the street in order to abate the
blow sand problem. If the applicant does not take care of the problem within ten days, the
City contractor would then do so and bill the owner.
Councilman Kelly asked whether the abatement would include solidifying the bare ground
when the dirt is removed. Ms. Bridges responded that the soil would have to be treated, and
staff would see that it is done.
Councilman Kelly said he felt this was a problem that should be taken care of, and he moved to,
by Minute Motion, deny the appeal and allow the applicant ten (10) days to take care of the problem or
direct staff to have the City's contractor remove the dirt, with the costs to be billed to the property owner.
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Mayor Pro-Tem Snyder noted two letters in the packets, one from the applicant requesting
continuance of the matter to the meeting of April 13, 1995, and the other letter from Avail
Property Management on behalf of the Winterhaven Homeowners Association asking that
there be no further delays in the cleanup of this nuisance.
Councilman Spiegel agreed this was a problem and said he would vote to deny the appeal
whether action is taken at this meeting or if the matter is continued to April 13th. He said
this would give them ten days to take care of the problem themselves before the City does
so.
Councilman Spiegel seconded the motion. The motion carried by unanimous vote of the Council.
C. REQUEST FORAMENDMENT TO DESERT CROSSING SIGN PROGRAM TO PERMIT
CIRCUIT CITY TO USE A BRUSHED ALUMINUM SIGN COLOR NOT INCLUDED IN.
THE APPROVED COLOR PALETTE (Case No. PP 92-5).
Mr. Drell noted the report in the packets. He said he had heard from the applicant that he
will be resubmitting a revised plan using one of the approved colors. He said he had not yet
received anything in writing, and he recommended that Council deny the request. He noted
this would still give the applicant the opportunity to resubmit using one of the approved
colors.
Councilman Spiegel said it was his understanding that Circuit City was very successful in its
current location with the sign being white on a red background.
Councilman Spiegel moved to, by Minute Motion, deny the request. Motion was seconded by
Benson and carried by unanimous vote.
D. REQUEST FOR APPROVAL OF REIMBURSEMENT AGREEMENT RELATIVE TO
FRED WARING DRIVE AND MONTEREY AVENUE STORM DRAIN PROJECT
(Contract No. C0971Q).
Mr. Altman noted the memorandum in the packets from Mr. Folkers and offered to answer
any questions.
Mr. Folkers stated that staff wished to proceed with the project so that construction can be
underway this summer. He said that if the City did not work out some plan for the Palm
Desert Water & Services District (PDW&SD), they indicated they would not be fiscally able
to proceed with the relocation. He noted that he and the City Attorney had worked diligently
to come up with this reimbursement agreement.
Councilmember Benson asked whether it was possible that the City and the Coachella Valley
Water District could work with the PDW&SD to see if there is any way they can buy them
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out so there is no longer this little service district in the middle of Palm Desert. Mr. Altman
responded that staff could look into this matter.
Councilman Spiegel asked if this would be a vote of the homeowners within the District to
see whether or not they want to join the Coachella Valley Water District. Mr. Erwin
responded that it would ultimately come to that assuming the District was either dissolved or
absorbed by a larger district such as the Coachella Valley Water District.
Councilmember Spiegel moved to, by Minute Motion, authorize staff to proceed with a
reimbursement agreement with the Palm Desert Water & Services District (PDW&SD) for the cost of work
related to the relocation of water mains. Motion was seconded by Kelly and carried by unanimous vote.
E. REQUEST FOR APPROVAL OF BANNERS FOR LEGENDS GOLF TOURNAMENT.
Mr. Altman noted a memorandum in the packets from the Director of Community
Development/Planning recommending approval.
Councilman Spiegel asked who would be paying for the banners. Mr. Drell responded that
the applicant was, not the City.
Councilmember Benson moved to, by Minute Motion: 1) Authorize the placement of the banners;
2) authorize staff to approve the installation of the banners in the years to come. Motion was seconded by
Spiegel and carried by unanimous vote.
F. INFORMATIONAL ITEMS:
1. Cook Street and I-10 Interchange - Structures Visual Mitigation Art Design.
Mr. Folkers reviewed his report, noting that at this point the design of the interchange
was about 95 % completed, including the work of relocating Varner Road further
north. He said as part of the process, the Art -In -Public -Places Committee reviewed
some designs, and staff was proceeding with designs approved by AIPP. He said one
concern brought to staff was that Caltrans has some differences of opinion sometimes
as to coloration and other factors. Staff did not know of any problems at this point
in time but would bring any concerns back to Council.
Upon question by Councilman Kelly relative to the problem with the color, Mr.
Folkers responded that Caltrans indicated their preference was a uniform gray instead
of different colors due to graffiti problems. He said this was not an official position,
but it was something that had been mentioned and staff wanted to bring it to Council's
attention.
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2. Cook Street/Interstate 10 Update.
Mr. Folkers ..2, t:.1 that approval had been received from Caltrans to proceed with
right-of-way procurement. Staff did not expect problems because most of the people
were looking forward to the interchange being constructed. He said staff and
Riverside County would be meeting with some of the p.A.k,:,. aI owners next week to
get that aspect taken care of. With regard to relocation of sewer lines on the north
side, he said the contractor working there was expected to be finished the middle of
April, and tie-in could be done during relocation of Varner Road on the north side.
He said that project should be out to bid by May. Staff was also looking at moving
approximately 330,000 cubic yards of sand to the two interchanges, and the City
would be acting as lead agency. Approximately 30,000 cubic yards of the sand would
be coming from the Rancho Mirage project on Gerald Ford between Bob Hope and
Monterey Avenue, with 300,000 cubic yards from the area by Home Depot.
Mr. Folkers noted that the attorneys had been working on the agreements for the
Roads and Bridges Benefit District which should be ready soon. Mr. Erwin noted that
this also involved some other implementation agreements and funding agreements, and
he expected to receive the final draft on March 24th. He said everyone was in
agreement with all of the discussions, including CVAG and the County of Riverside,
and Rancho Mirage had no objections to it. He said there had been on occasion some
relatively minor objections by Indian Wells and La Quinta, but he felt all of those had
either been satisfied or there were ways to satisfy them at this point.
Upon question by Councilman Kelly relative to the section of Gerald Ford between
Cook Street and Monterey Avenue, Mr. Folkers stated that there was money available
to do the design of that section, but at this point the section that was being designed
was the part east of Cook Street so there will be utilities around the site where the
university will be located or other major developments on the north side of Gerald
Ford. This fiscal year would see the design of the portion noted by Councilman Kelly
but not construction until a future fiscal year.
Mr. Altman stated that this would be looked at with next year's budget. He noted that
at the March 27th Executive Committee meeting would be a recommendation to
authorize bidding on the project.
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IX. CONTINUED BUSINESS
A. REPORT RELATIVE TO FRED WARING DRIVE REZONING (Continued from the
Meetings of January 26 and February 23, 1995).
THE FOLLOWING IS A VERBATIM TRANSCRIPT OF THIS PORTION OF THE MEETING:
Kra
WHS Walter H. Snyder, Mayor Pro-Tempore
BAA Bruce A. Altman, City Manager
RJF Richard J. Folkers, ACM/Director of Public Works
RAS Councilman Robert A. Spiegel
PD Phil Drell, Senior Planner
EL Eric Larsen
RSK Councilman Richard S. Kelly
JMB Councilmember Jean M. Benson
SRG Sheila R. Gilligan, City Clerk/Public Information Officer
WHS Continued Business - Report relative to Fred Waring Drive rezoning - continued from the meetings
of January 26 and February 23, 1995. Mr. City Manager.
BAA Yes, Mr. Mayor and Council. In your packets are memos from Mr. Diaz and Mr. Folkers kind
of highlighting where we've been on this particular project and making some recommendations
about where we think you might go from here. I think probably the key would be to have Dick
cover the highlights or answer questions that you might have relative to what he's written - your
choice.
WHS Dick, would you care to bring us up to date as to where we are.
RJF Yes. We were provided with copies of suggestions or options that a local resident had provided.
Staff looked at these options and based on various considerations we felt they were not practical
at this point. The report, option 1A which is individual walls for each parcel, option 1B which is
walls for two parcels, C is sound wall behind rolled curb with one-way access road, and (unclear).
I think some...the idea to provide sound mitigation and some form of relief along Fred Waring is
certainly admirable. A breakdown as far as traffic counts, to give you an idea of the situation, as
an example, okay, counts were 18,000 in '92, 20,000 in '93, and then it jumped to 29,000 in '94,
just to give you a frame of reference. We did some counts east of Deep Canyon in '94; it was
27,000 there. The count that was taken in '95 east of Deep Canyon dropped to 23,000. So it
appears the volume of traffic is running around 22,000 cars a day which is not ultra -high or not
unreasonable for a four lane facility. What we're going to be doing is we're going to set the
counters out a take a seven-day count to make sure. The notations that I have here, some of these
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counts were taken during the Bob Hope Classic which skewed the situation. Anyhow, as you're
probably aware, we did improvements on the south side, and we went in with a deeper pavement
section. Along the north side, or the west bound traffic, it's a lot older pavement, and as a result,
the base and the asphalt is not as heavy as it is in the other direction, the east bound direction,
which could cause and does cause rumbling or some vibration. Some of the mitigation measures
that are mentioned here we feel will present a hazard for the motorists on the street and a hazard
for the traffic trying to pull out. I think the proponent will probably be talking and point out that
there are advantages, and that might have...might be the better way to proceed is to allow him to
present the suggestions that he has and the advantages of such. The concern that we have with
regard to sound, we intend to go out there and take some readings in the areas where there's open
and where there's living covers, wall type of facilities along there to see if there is that much of
a difference. To date we have not been able to do it, so I guess we still need to gather some more
information; however, we have some concerns about the proposals that are presented as far as
actually being true rectifiers of the problem. So with that, I'll conclude my report.
WHS Any questions of the staff by the Council?
RAS There's a letter from Mr. Diaz that accompanies the report and dated March 16th, and the last
paragraph it says "If the alternate designs cannot be accomplished, Council may wish to instruct
staff to again meet with area residents and evaluate the rezoning issue with the purpose to process
the change of zone if consensus from area residents is achieved." Are we planning on doing that,
Mr. Drell, or do you know what...
PD If you direct us to, we will.
BAA I think, though, tell about...Ray did have some meetings with the people in that regard...
PD They're not, I mean the meetings that we've had, they're not...it's really not unanimous that they
want rezoning, and in reality it is not, you know...changing our map does not change their
situation.
RAS I understand.
BAA You change one zone, the people behind (unclear)
RAS Because there's plenty of office professional available on Fred Waring and to make it office
professional wouldn't achieve anything.
PD It is not a short term fix.
RAS Okay, thank you.
WHS This is not a public hearing, but invite you any comments you may have.
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EL Honorable Mayor and all members of the City Council and staff. First of all, with Ray...my name
is Eric Larsen. I live at 74-266 Fred Waring Drive, I'll do that again. First of all, as opposed to
Ray Diaz, which you were just talking about, the Mayor, Mayor Crites, and Ray Diaz came out
to meet with us on the street and they gave us some options which I drew up, or they gave us some
ideas which this is where I got the idea of drawing up the dual lot sound wall. I'm not sure if you
have that plan in front of you.
RAS Which option number is it?
EL It would be, I'm not sure, there wasn't an option on it, it wasn't the...it wasn't a page where it was
split. Dual lot sound wall.
RAS Dual lot sound wall? Yes, we have it.
EL This is the option that would be the most useful and I believe the most beneficial for the residents
and for the people who use the street. The...when it says on the recommendation that due to
expense it should not be done, this is exactly why I had this option drawn up, and this is when I
talked to Mayor Crites and Ray Diaz, this is why we talked about this, because the wall would be
inside the easement line but also there would be no need to move the power poles or any of the fire
hydrants, and it would give safety, would give a safety barrier for people walking along that street.
And safety -wise, also it says that people will be, or the cars might hit into the walls or hit into this
wall on the end of Florine going west bound, and this is sort of ridiculous. If it hits the wall in
this position, it's going to hit a person in that position, if people are...cars are riding twelve feet
up into the sidewalk, I'd rather have it hit a wall there than hit a person, and that's where the yards
are, that's where those back yards are, and kids walking up and down that road. Mayor
Folkers...Richard Folkers was out there...that's Freud there...Freudian wording...Richard Folkers
was out there with me the other day and he saw when we were walking up and down the street,
he saw the two children walldng up and down that street passing walking literally on that street
with cars passing them at 50 miles an hour, passing by no more than 18 inches. That happens
constantly, kids walking up and down that road, going to and from all the schools. This would
give a...it would give an inner space for the kids to walk, and it would be much better. It would
also have a bike lane and/or a place to pull over cars and a place for distressing cars who needed
to be helped. As the practical implications, it sort of says it all right there. It gives twelve feet.
I don't see why it should be not, not given because two years ago we came to this City Council
and this discussion was started, and it was agreed by the City Council that something must be done
with Fred Waring Drive, that there was a problem. Since that time, my neighbors and I have been
given two concessions. The one being the speed limit was reduced five miles an hour from 45 to
40, and also the trucking times were reduced so they could be on the roads or they wouldn't be
on the roads from 9 to 9, 9 p.m. to 9 a.m. in the morning, both of which are unenforceable and
are not doing...they're not working. So at this point, we're back to where we started.
RSK Can we here comments from Mr. Folkers regarding the dual lot sound wall?
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RJF Yes, sir. Our concern was that the vehicles turning in off the street, because of the velocity would
be prone possibly to hit them and also the visibility situation even though we looked out there, it's
still marginal as far as people when they pull out of these facilities being able to see down the
street to see oncoming traffic in the west bound direction.
RSK That would be a sidewalk on the north side of the wall, is that right?
EL Yes, this is something I spoke with with Ray Diaz.
RSK So you understand...
RJF The sound wall would be five foot four inches beyond the sidewalk.
RSK So you see his concern is if someone was walking along the sidewalk and then someone is turning
into their driveway, all of a sudden they're there, you know, you see those situations around and
they have mirrors up and they're always very dangerous, like a...
EL To have someone go out of the car to be able to see down the road, this is why I talked to Ray
Diaz about when he and Buford Crites came down, Mayor Crites, that the car would have to pull
out onto the sidewalk to see. This would give it a twelve foot barrier.
RSK That wasn't what I was talking about. I was talking about a car turning into their driveway and
somebody walking on the sidewalk, step out behind that wall.
EL They would be...it would be on their lot.
RSK Well, this is...isn't this the sidewalk that's behind the wall right there? Is that the sidewalk?
EL No, this is the sidewalk right here.
RSK I know, but weren't you going to move it back here so they'd be, wouldn't have, so they'd be
safer?
EL (unclear)
RSK Oh, you're not going to move it back there?
EL (unclear)
RSK I thought I asked him that question.
RAS You have your arrows going both ways. They can only go one way, can't they? You've got this
arrow going this way, but you can only go that way.
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EL You can turn out onto the east bound lane.
RAS And go east bound. That would be pretty dangerous (unclear) make it one way.
EL It could be only one way, it just depends on if there would be enough room. Right now it's both
ways.
RSK How does that solve the problem of the people walling on the sidewalk and the cars going right
by them?
EL (unclear)
RSK So you're going to move the sidewalk over to all the way to the wall?
EL Yes, this way the sidewalk would be right on the inside, and there would be a place there
(unclear).
RSK So you're making a twelve foot sidewalk.
EL Right (unclear)
RAS Mr. Larsen, do you have a consensus from the people who live on your street that would be
affected by this? Do you know whether they're in favor?
EL They're in favor of this, yes. The people who are not in favor of this, which Mr. Folkers
mentioned in his plan, could have the...could not have...would not...maybe not have a dual lot
sound wall but only a singular lot sound wall because of the way their houses were designed or
which side street they were designed. It would be more beneficial for a dual lot sound wall
because of the sound but if they didn't want to redesign their getting in and out of their properties
they could have a singular lot sound wall.
RAS Let me ask Mr. Altman a question. If the majority of the people that area affected by this would
want this, would it be possible to set up an assessment district and accomplish this?
BAA Yes, it would. It would take a majority of the Yx.,�.t� owners to petition for it to set up the
district, and then the people would pay on a benefit basis.
EL I am able to... I have all the numbers. I could call them and get back in touch with...
RAS You know what I'm saying? Like when curbs and gutters go in, you're assessed for them and you
get a period of time to pay for it over...
EL Yes. No, I understand what you're saying.
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BAA Would the people be interested in doing that? Forming an acsomsment district?
EL It...the only thing it would be is on the City's...it would be on the City easement line. I don't
know what...
RAS Curbs and gutters are on the City's easement line too when they put them in and that works the
same way, I would think. I mean, I don't know, but I would think so. Maybe at this point, it
might make sense if everybody likes the idea for the City to come up with an expense factor, you
to talk to the people that are in the neighborhood, so that you have over 5 l % .. .
EL Okay.
RAS ...of the people involved, and then we'll get back with you. If Mr. Folkers could...
(unclear)
RAS yes, exactly, we would have a public hearing on it, let you know how much it's going to be for
the wall, and take it from there. Because...and I was on the Planning Commission when you first
came to the City about the problem, and it obviously hasn't gone away.
EL Right.
RAS And if you feel that this might be successful and it doesn't look like it's going to hurt anybody
which is certainly a consideration, you wouldn't want anybody to get killed because of a wall, so
we'd pass it through whoever needs to okay that sort of thing, and see what the cost is. If the
majority of the people that live there and are involved, see what we can do, if the rest of the
Council agrees with me.
RSK Sounds perfect.
JMB Sounds like a good idea.
EL All right.
WHS What I believe you are saying is that we'll continue this matter while our staff looks into the A)
the correctness of this and B) a breakdown of the costs so that we can create an assessment district
if indeed we were to do this.
RJF Yes, sir.
WHS Is that your motion?
RAS That's the motion. You did it very well. Thank you.
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WHS Second?
RSK Second.
WHS Would you please vote.
SRG Motion carries by unanimous vote.
EL So I will contact you or contact...
JMB Dick Folkers.
WHS Dick Folkers.
RJF Now, when we get the information, we will probably put it on the Agenda and we'll let you know.
EL As far as an assessment goes or...?
RJF What the costs are going to be and the whole package because we'll probably end up going...
WHS Take it back to your people.
EL Oh, okay.
RAS Your neighbors will be notified and they'll come to a public hearing like this evening, and we'll
talk about it and see what the consensus is.
El Okay, thank you very much.
WHS Next item on the Agenda is...
X. OLD BUSINESS
A. REOUEST FOR CONSIDERATION OF LAS SOMBRAS CENTER/DESERT CROSSING
COMMON ACCESS — FRED WARING DRIVE.
Mr. Altman recommended that this matter be continued to the first meeting in April. He
noted that Mayor Crites had asked for the continuance.
Councilmember Benson moved to continue this matter to the meeting of April 13, 1995. Motion
was seconded by Spiegel and carried by unanimous vote.
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B. REQUEST FOR CONSIDERATION OF FUTURE USE OF PORTOLA LIBRARY
BUILDING.
Mr. Altman recommended that this item be continued to the meeting of April 27, 1995.
MS. MARY LElMKUHLER addressed the Council as a representative of the Board of the
Palm Desert Community Theatre. She reconfirmed that the Community Theatre's request for
use of the Portola Library Building would not only be for its own productions but would
provide the community with a facility that could be used for a variety of cultural events. She
said they would assume full financial responsibility to bring this building up to code and
renovate as necessary. She said they had both private and corporate donors interested in the
project. She offered to answer any questions the Council may have.
Mayor Pro-Tem Snyder stated that staff was looking into this matter and would get back to
her as quickly as possible.
A representative of the American Red Cross addressed Council and said his organization had
also asked to be considered for use of this 1...,1.,...ly . He asked if there would be an
application format would be coming forth for the April 27th meeting.
Councilmember Benson responded that applications had been mailed to those organizations
which had expressed interest in using this facility and included a group of questions to be
answered. She suggested that he contact Mr. Diaz's office for an application if he did not
receive one.
Councilman Spiegel moved to continue this matter to the meeting of April 27, 1995. Motion was
seconded by Benson and carried by unanimous vote.
C. REOUEST FOR AWARD OF CONTRACT FOR UNDERGROUND UTILITY LINES FOR
COOK STREET EXTENSION, FRANK SINATRA TO I-1 O INTERCHANGE (Contract No.
C09550).
Mr. Altman noted the memorandum in the packets from Mr. Folkers.
Councilman Kelly moved to, by Minute Motion: 1) Award Contract No. C09550 to Jones Brothers
Construction of Coachella in the amount of $335,531.83 plus a contingency of ten percent for the
construction and installation of underground utility pipelines in the Cook Street Extension, Project No. 660-
95; 2) authorize the appropriation of $335,531.83 plus a contingency of ten percent from the Project Reserve
Fund, Account No. 400-4356-433-4001. Motion was seconded by Spiegel and carried by unanimous vote.
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XI. REPORTS AND REMARKS
A. CITY MANAGER
Mr. Folkers introduced Mr. Max Ruiz, the City's new Street Supervisor. He noted that Mr.
Ruiz came to the City of Palm Desert from the City of Banning.
Mr. Ruiz stated that he was very happe to be in the City of Palm Desert, was interested to
see what is happening in the City, and was willing to do his part to help the community.
B. CTTY ATTORNEY
Mr. Erwin requested a Closed Session at an appropriate time to discuss the following:
Conference with Legal Counsel - Anticipated Litigation pursuant to Section 54956.9:
Initiation of litigation pursuant to subdivision (c):
Number of potential cased: _j._
C. CITY CLERK
Mrs. Gilligan that the Civic Arts Committee was conducting its Tenth Annual
Student Art & Essay Contest and that the awards ceremony had been scheduled for the
Council meeting of April 27. She said there had been discussion last year relative to holding
the awards ceremony in the park. The schools and the Committee discussed this and felt the
formality of attending a Council meeting and having the students presented with their awards
during a Council meeting was more impressive to the students than to hold it in the Park as
a picnic, and the Committee voted unanimously at its last meeting to recommend to the
Council that it remain scheduled for April 27. In addition, the Committee asked if the
Council could, prior to the awards ceremony, conduct a little bit of business so the students
would have some type of example of government in action.
Councilmember Benson suggested that the menu for dinner be looked at carefully since the
previous year the students did not seem to eat much. She suggested something like pizza
instead of a more formal meal.
D. MAYOR AND MEMBERS OF THE CTTY COUNCIL
o City Council Requests for Action;
1. Councilmember Benson noted she would not be able to attend the meeting of
April 13, 1995, and requested an excused absence.
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o City Council Committee Reports:
None
XII. ORAL COMMUNICATIONS - B
Mr. Fieri addressed the Council and asked Mr. Erwin what it would take to have the City of Palm
Desert take over the Palm Desert Water & Services District. He said he felt this would solve the
problems.
Mr. Erwin responded that while it might solve some problems, it might also create some. He said
the City did not currently have a water department and that particular governmental service was
provided to this community predominantly by the Coachella Valley Water District providing water
service for the remainder of the community other than that portion served by the Palm Desert
Water & Services District. In order to do what was asked, it would take the Council deciding it
wants to become a water purveyor and then start the process of acquisition of that. district.
Councilman Kelly added that the Coachella Valley Water District did an excellent job for the rest
of the community, and the City had a good working relationship with the District. He said if this
were to change, it would be to go with the Coachella Valley Water District which already takes
care of flood control and the sewer system as well as providing water services.
Mr. Fieri asked what he could do as a citizen to get an answer to perhaps abolishing the Palm
Desert Water & Services District.
Mr. Erwin responded that he should first go to that Board and make his feelings known. With
regard to the City, the Council had already directed staff to look at other alternatives such as the
Coachella Valley Water District.
Councilman Kelly moved to adjourn to Closed Session at 5:25 p.m. for purposes outlined under
City Attorney Reports and Remarks. Motion was seconded by Spiegel and carried by unanimous vote.
Mayor Snyder reconvened the meeting at 7:00 p.m.
XHI. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
None
XIV. ORAL COMMUNICATIONS - C
None
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XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. APPOINTMENT TO THE ECONOMIC DEVELOPMENT ADVISORY COMMi i i cm TO
FILL THE VACANCY CREATED BY THE RESIGNATION OF DON HEDLUND
(Continued from the Meetings of February 9 and 23, 1995).
Mayor Snyder noted that this was to fill vacancies created by resignations of Don Hedlund
and Ed Mullins. He said the EDAC had met twice and recommended appointment of two
people, Mr. Charles "Sonny" Tatum to fill Ed Mullins' vacancy and Dr. Gary Lyons to fill
the vacancy of Don Hedlund. He noted that with the EDAC, there were very specific areas
that needed to be represented, such as retail, etc.
Councilmember Benson noted that she and Mayor Crites had not met to review all applicants
for this committee. She added that they would take these two names into consideration for
appointment to the EDAC.
Mrs. Gilligan noted that in the past, the EDAC has made recommendations which had then
been passed along to the subcommittee of the Council for consideration. The Council
subcommittee, which consists of Councilmember Benson and Mayor Crites, would then bring
back a recommendation to the entire Council.
Councilman Spiegel said it was his understanding that the two positions vacant on the EDAC
were Ed Mullins for retailing and Don Hedlund for snowbirds.
Mrs. Gilligan stated that with Council concurrence, she would place this item on the Agenda for
the meeting of April 13, 1995. Council concurred.
XVI. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL OF STREET VACATIONS FOR WHITEHAWK HOMES
SUBDIVISION, LATISHA LANE NORTH OF DELAWARE, AND LATISHA LANE
BETWEEN ROBIN LANE AND MOUNTAIN VIEW.
Mr. Folkers noted the staff report in the packets and briefly reviewed it. He recommended
adoption of the three resolutions setting public hearings to consider the vacation requests.
Councilman Kelly moved to waive further reading and adopt Resolution Nos. 95-21, 95-22, and
95-23 setting public hearings to consider the vacation requests. Motion was seconded by Spiegel and carried
by unanimous vote.
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XVII. ORAL COMMUNICATIONS - D
MR. LARRY BEVINGTON, KWC Engineers, addressed Council relative to the Merano
Assessment District. He said it was his understanding that a public hearing had been scheduled
for this meeting relative to the Merano Assessment District.
Mayor Snyder stated that staff would look into this matter.
XVIII. ADJOURNMENT
Upon motion by Spiegel, second by Benson, and unanimous vote of the Council, Mayor Pro-Tem
Snyder adjourned the meeting at 7:15 p.m.
ATTEST:
SHEILA R. GaLIGAN, e CLERK
CITY OF PALM DES , CALIFORNIA
WALTER H. SNYDER, MAYOR PRO-TEM
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