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HomeMy WebLinkAbout1998-05-14MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 14, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Benson convened the meeting at 4:04 p.m. H. PLEDGE OF ALLEGIANCE - Councilman Richard S. Kelly III. INVOCATION - Councilman Jim Ferguson IV. ROLL CALL Present: Councilman Buford A. Crites Councilman Jim Ferguson Councilman Richard S. Kelly Mayor Pro-Tempore Robert A. Spiegel Mayor Jean M. Benson Also Present: Ramon A. Diaz, City Manager David J. Erwin, City Attorney Mary P. Gates, Deputy City Clerk John M. Wohlmuth, ACM/Director of Administrative Services Carlos L. Ortega, RDA Executive Director Richard J. Folkers, ACM/Director of Public Works Pat Conlon, Director of Building and Safety Paul Gibson, Director of Finance/City Treasurer Steve Smith, Planning Manager Rachelle D. Klassen, Records Technician V. ORAL COMMUNICATIONS - A With Council concurrence, Mayor Benson suspended the Agenda at this point in order for Mr. Diaz to make a statement regarding the announced closure of the Ice Chalet ice rink at the Palm Desert Town Center to the great number of persons assembled in the Chamber to address this issue as an Oral Communication item. Mr. Diaz stated staff has been working and communicating with the Town Center management, as well as firms who are interested in locating and building another ice rink in the area. He added that the City also intends to go a step further and address the issue with other cities on this issue. He concluded by introducing Ms. Mollie Doyle, Manager of the Palm Desert Town Center. He added MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * that Town Center officials had met with representatives on the ice rink and that some conclusions towards resolution of this issue had been reached in an amicable manner. MS. MOLLIE DOYLE, General Manager of the Palm Desert Town Center, 72-840 Highway 111, Palm Desert, stated she was representing the Town Center with regard to the community concern about the ice rink currently operated by Ice Chalet who has stated it will close the operation May 31. She went on to say that her staff met with a group of community citizens who are interested in saving the ice rink, and in that regard, Town Center is reviewing its lease with Ice Chalet. She said she has been told that the citizens group will approach the Ice Chalet to explore their options with this group in mind. She reported that they are currently looking at a variety of options aimed at keeping the ice rink open until November, which is the date their future plans call for as a kick-off date for some of their redevelopment efforts. This will afford the community additional time to find an alternative site until a permanent rink can be established. She went on to say that they understand that this ice rink is important to the Coachella Valley, and it is their hope that all interested parties can work together as a team to find a solution. Mr. Diaz reiterated that everyone is working for the same common goal and purpose with the ice rink, recognizing that the ice rink is a privately -owned recreation venue. He added that the Town Center has been very cooperative. He said that there are individuals who have contacted the Community Development Department concerning an ice rink, putting it together, and moving ahead with that. He stated that the other avenue being explored is a possible site for temporary usage in the mall, which its management has been very cooperative in offering whatever equipment they have under their ownership to anyone who would operate it. Mayor Benson stated that since there are a number of people who wish to speak under Oral Communications, if after hearing the above statements still feel inclined to speak, they are welcome to do so; however, bear in mind City officials are working on the situation and will do everything in their power to retain the facility-- whether in the Town Center or an alternate location within the Coachella Valley. She added that all conversations and communications expressing the sentiment of ice rink supporters have been received and taken into consideration, and that certainly the Council is supportive of any measures it can take to facilitate an amicable solution for this community concern. She said they realize it is a recreational outlet for its community-- from young children to adults, and a welcome relief in the summer; however, it is still private enterprise, not a City -financed venue as is the Skate Park which utilizes taxpayers' money. The City cannot go out with taxpayers' money for private businesses; it tries to stay within its realm by providing such facilities as the Civic Center Park, the baseball fields and tennis courts, and other such recreational sites-- probably leading the Valley in these endeavors for young people. She reiterated Council's ongoing concern for the situation, and that it will stay on top of the matter until a mutually beneficial solution can be reached. She invited testimony from members of the audience who wished to address the Council. Councilman Crites asked Mr. Diaz if it is the City's intent to check with other governments, municipal governments, tribal entities and the County government, since the issue affects not only Palm Desert residents but residents of the general Valley, and it ought to be a Valley wide effort. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Diaz responded absolutely, and based upon some of the comments which were made by other elected officials in other city governments, he is very confident that they will be ready to cooperate with us. Mr. Ferguson said if he were a member of the audience, he would want information on how he could participate in this process, if at all, and if there would be opportunity for people at City Hall or elsewhere for interested parties to contact with further input. He added that we would encourage supporters' input. Mr. Diaz responded, yes, but it would be prohibitive to address 300-400 people at once. He suggested that the organized group channel their efforts through a spokesperson, which he believed they had, and the spokesperson would be the one City officials could contact to discuss the issue and call general meetings as necessary. The following individuals spoke in OPPOSITION to the ice rink closure: MR. ROBERT HEGGIE, 41-395 Carlotta Drive, Palm Desert, parent of two figure skaters and part of a troika consisting of the president of the hockey association, a gentlemen representing the public, the homeless and the handicapped, Dr. Bacon, and himself, looking after the four groups-- the adult group of skaters, the ISA, the USFSA-- and those three people have been trying to deal with this rather last minute crisis for them all. He thanked the Council for the letter received at 3:00 p.m. today. He said their meeting with mall management yesterday was a productive one. He went on to say that they extend a personal invitation to the Council to attend the May 22, 5:30 p.m. show at the rink. He said secondly, he agrees with the points of Council's letter, which has been handed out to as many as possible today; there is no doubt in his mind that Palm Desert has shown its responsibilities in a proper fashion-- from the $2.7 million soccer complex, the lighted fields, etc. He said their goal is to deal with the immediate problem-- the rink is shutting down, in 30 days they are out of there, and they intend to utilize every available resource to remedy this problem. He feels that the opportunity to have a proper, full size rink, possibly more, is ideal; however, he has a couple of concerns. First, he doubts that any rink in North America can stand alone profitably (with a typical $60,000 return on investment to service a $2.5 million debt load), and if so, there are very few. Their group wants to do the right thing, they do not want to cause grief for the mall, so that in November they are at this point again, or a private sector venture that folds in two years' time, but they believe the only way this will work is through a community effort. He said that 20 years ago when the mall was planned and developed, the City used great foresight making a condition of approval the inclusion of a great asset, the ice rink. He said the good news is that mall management is willing to work with their group to explore alternatives, such as possibly juggling the theaters so the rink can stay. He asked the Council for their support of any plan to come before them which is mutually acceptable. He said that in their discussions with the mall staff, the strategic location of the present rink was addressed, and if in the future it becomes less utilized and a less popular attraction, a secondary use for the rink can be implemented. However, he said on May 31, the ice rink will not have an operator, and their group does not possess the capital nor expertise to operate it. They believe a solution lies within the original conditions for the mall, Council's authority to administer the original conditions, and the mall's interest in working 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * with rink supporters. He said that 20-30% of all the Valley skaters-- Olympic hopefuls and hockey skaters who exhibit phenomenal potential-- all came from merely walking past the rink. He said he spoke from retail experience, as he provides consultation to retailers around the world, and having a rink is a very good idea for this mall. He went on to say that Supervisor Roy Wilson is supporting one of the gentlemen who actually built the rink and was general manager of the Ice Capades, Mike Kirby, who has already looked at it. He added that the Coachella Valley Recreation and Park District last night told them they are prepared to manage the facility, the mall has said they are willing to allow this to occur and provide free rent. The only thing they feel they need is someone from the City of Palm Desert to sit down with them to achieve a solution; they want to work with the City. MR. PHIL FURNARI, President of the Hockey Association, 42-230 May Pen, Bermuda Dunes, CA. In addition to echoing the sentiments of Mr. Heggie, he added that the United Cerebral Palsy Foundation also uses the rink for therapy purposes, and there are approximately six kids who will participate in the Special Olympics from the facility here. He supported a community rink which would be funded by the Parks & Recreation district and all the cities, as is done with the Civic Center Park facilities, which he understands receives funding from all the cities. Mayor Benson responded that the baseball fields are funded by the cities of Indian Wells, Rancho Mirage and Palm Desert in a joint venture. MS. JULIE BOSCH, 68-195 Estio Road, Cathedral City, CA. MS. SANDRA WRIGHT, 10 Florence Lane, Palm Desert. MR. HENRY WITHROW, 81-870 Victoria Avenue, Indio, CA. MR. DOUGLAS BACON, 71-545 San Gorgonio, Rancho Mirage, CA. MS. TERRY O'BRIEN, 73-285 Goldflower Street, Palm Desert. MS. KATHY MAGIT, 79-505 Mandaville Road, Bermuda Dunes, CA. MR. DON ZAVATTO, 38-562 Nasturtium Way, Palm Desert. He said he would like to address the conditions surrounding the original approval of the mall construction. He said he has reviewed the original application files for the conditional use permit and environmental impact report where many issues were addressed. He said there was much opposition to the plan, including its location, size of the mall in relation to the property and its lack of parking. He said the original proposal included a theater guild, a child care facility, a plaza with running water, a community meeting hall; and the ice rink. He went on to say that at the public hearing, speakers in favor of the project spoke of these facilities as a reason they were in favor of the mall project. He said that a letter in the file from the president of the Palm Desert Homeowners Association voiced concerns; one of them was that it was customary for mall developers to promise low income spaces for approval and then convert them to more lucrative sales/rental spaces, as was the case in the ice skating rink which was apparently first located in the Palm Springs Mall. He said that here the Planning Commission delegated that a certain square footage remain permanently as community space; the City Council delegated this responsibility to the Planning Director and a condition was added that he approve any spaces that were to be 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * converted to higher rent/sales spaces. He said he had not had the opportunity to review the subsequent filings by the mall for these conversions; but to his knowledge, all the community spaces in the mall, with the exception of the ice rink, have been filed and approved by our Planning Director to be converted into retail space. He said he would like to review the filings to see what justifications were given to allow these conversions to occur. He said that no one has asked for a private business to stay in a place where they do not want to be, as was reported in the Desert S1; if the Ice Chalet feels they need to remove themselves from the business of operating the ice facilities, that is their right. However, he said, the mall does not have the right to promise things to the community, and in the interest of higher profits, renege on their word. He said he wished the authors of the at m article had done their homework before presenting their story. He concluded by saying he hoped the City Council, the owners of the Palm Desert Mall, the hockey skaters, figure skaters, school and church group skaters, and all others who use the rink can come to some sort of agreement which will make everyone happy. He thanked the Council for their consideration. MS. HILARY STRATTON, 71-701 Cholla Way, Palm Desert. MS. BARBARA BERGMAN, Windsong Farm, Mountain Center, CA. MS. DEBBIE STEPHENSON, 73-925 Catalina Way, Palm Desert. MR. LARRY BRISLIN, Registrar for the Desert Coyotes, 8250 Inca Trail, Yucca Valley, CA. He stated that skating in Palm Desert really gives to the community in more ways than have already been brought up. He stated that three of their six teams played their home games in Palm Desert last season. In the upcoming season, four of their teams will play their home games in Palm Desert which will mean 33 to 44 home games, corresponding to 150-180 practices at the Ice Chalet. He stated the financial impact comes from many of the Coyote parents, as well as figure skaters' parents, who shop and eat in the mall while the children are practicing, providing tax proceeds to the City. He said that prior to home games, he is usually contacted by the managers or coaches from the visiting teams, and they want to know what hotels to stay in, where they can shop, where they can golf, buy gas, etc. He said they have to tell them where all these locations are here in Palm Desert; with the 33-44 home games anticipated, this is 330-340 families from the other areas coming here-- they are the same as tourists, generally doing everything that the City is already paying people to bring in through tourism. He said the Desert Coyotes as well as the figure skaters bring in people who bring in dollars to the community; they are not just asking for money to help us without giving anything back because they have been giving money back to the community for years. MS. SUSAN HART, 74-520 Yucca Tree Drive, Palm Desert. She presented color brochures to the Council, which were received for the record and have been filed in the office of the City Clerk. MR. MICHAEL KIRBY, La Quinta, CA. He stated he was general manager of Ice Capades and responsible for the lease with Ernest Hahn for this facility, operating it for approximately three years prior to the company being sold and other tenants taking over from Ice Capades. He stated that their operation was considerably superior. He went on to say that he had been responsible for the operation of 30 ice skating rinks in the United States and three other countries. He said he has offered to assume the responsibility of running this facility; however, he said he does not possess the financial strength that the Ernest Hahn Company desires, so he needs help in this regard, not knowing 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * exactly what this amount is. But he said he feels they just want assurance that he will not operate it for just a couple of days and then take off, which he has no intention of doing. He said he is retired, he is not looking for a job, but this would be a pleasure for him because he has witnessed the enthusiasm, and he could perhaps make up for his original mistake of designing an undersized rink. He said at that time the Valley had a population half of what it is now, and he used those demographics when making the decision. He also pointed out that from the first day it opened, this facility made a profit; in fact, it made twice the profit he had projected in his original feasibility report. He said it made money last year, too; it has made money every year. He said unfortunately, the present operators are not experienced enough to really operate efficiently, and he believes he can bring that efficiency back to this operation if given the opportunity and support of the community. MR. ROBERT HEGGIE stated he asked for the Council to sit down with their group to set a date, in a cooperative spirit, to formulate a plan. Mayor Benson stated that what makes the City of Palm Desert so great is the community spirit which is prevalent; for instance, Mr. Kirby coming forward with the expertise necessary to make a venture successful. She added that the community can rest assured Council will be doing what it can to help with this program, and it is their hope that once a plan is developed with the rink supporters' participation, they will take it to the other cities to garner their support also. She said the thing that happens once a plan is developed and community support is sought, the other communities come back and say they were never asked for any action; therefore, the rink supporters' help is vital to get the plan into effect. Councilman Ferguson stated that he and Councilman Kelly are both representatives to the Cove Commission which, as the Mayor spoke about earlier, has participated in the Tri Cities Sports Complex (Rancho Mirage, Indian Wells and Palm Desert), and will be holding a meeting next Wednesday at 9:30. He said this may be a good opportunity to approach three cities at one time through their Cove representatives. Councilman Crites moved to take a brief recess at this time in order to allow the audience members assembled to address the ice rink issue time to exit the Chamber prior to the rest of the Agenda consideration. Motion was seconded by Spiegel and carried by unanimous vote. Mayor Benson reconvened the meeting at 5:09 p.m. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of April 23, 1998, and the Adjourned Joint City Council/Redevelopment Agency Meeting of April 29, 1998. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 52, 53, 54, 52PD Office Complex, and 54PD Office Complex. Rec: Approve as presented. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. MINUTES of the Charitable Contributions/Outside Agency Committee Meeting of December 23, 1997. Rec: Receive and file. D. MINUTES of the Palm Desert Art -In -Public -Places Subcommittee Meeting of March 18, 1998. Rec: Receive and file. E. MINUTES of the Golf Course Committee Meeting of March 10, 1998. Rec: Receive and file. F. PORTFOLIO MASTED SUMMARY for Period Ending March 31, 1998. Rec: Receive and file. G. RESIGNATION of Jim Ainsworth from the City's Rent Review Commission. This item was removed for separate consideration under Item VII, Consent Items Held Over, of the Agenda. Please see that portion of the Minutes for discussion and action. H. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Whitewater Pedestrian and Bicycle Path Project (Contract No. C14420, Project No. 690-98). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. I. REQUEST FOR AUTHORIZATION to Advertise and Ca11 for Bids for the San Pablo Avenue Improvements between Highway 111 and El Paseo (Contract No. C14430, Project No. 634B- 98). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. J. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Fred Waring Drive and Monterey Avenue Street and Signal Improvements (Contract No. C14440, Project No. 635-98). This item was removed for separate consideration under Item VII, Consent Items Held Over, of the Agenda. Please see that portion of the Minutes for discussion and action. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * K. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Desert Willow South Course Perimeter Sidewalk and Landscape Project (Contract No. C14450). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. L. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Construction of a Hydrogen Generation Facility at Sunline Transit Agency (Contract No. C14460). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the City's Hydrogen Generation Facility to be located at Sunline Transit Agency. M. REQUEST FOR APPROVAL of Amendment to Contract No. .C10740 with Humboldt State University Foundation/SERC. Rec: By Minute Motion, approve execution of an amendment to Contract No. C 10740 with Humboldt State University Foundation/SERC to make the Statement of Work consistent with the City's contracted responsibility and allow funding from SCAQMD to pay for completion of the project and authorize the mayor to execute the amendment. N. REQUEST FOR CONSIDERATION of Erosion Control in the Whitewater Channel under the Monterey Avenue Bridge. Rec: By Minute Motion, approve expenditures for erosion control in the Whitewater Flood Control Channel. O. REO! JEST FOR WAIVER OF FEES Associated with the Boys & Girls Club of Coachella Valley Annual Picnic. Rec: By Minute Motion, waive fees associated with Boys & Girls Club of Coachella Valley annual picnic scheduled to be held on May 30, 1998, in the Palm Desert Civic Center park. P. REQUEST FOR WAIVER OF STAFFING FEES Associated with Palm Desert High School Concert. Rec: By Minute Motion, waive staffing fees associated with the Palm Desert High School Concert scheduled to be held on May 20, 1998, in the Hahn Amphitheater. Q. REQUEST FOR APPROVAL of Application for Fiscal Year 1998-99 SB821 Program Funds. Rec: By Minute Motion, authorize staff to apply for FY 1998-99 SB821 Program Funds -- Bicycle and Pedestrian Facilities. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * R. REQUEST FOR APPROVAL of Final Tract Map 27570 - West of Cook Street and North of Hovley Lane East (Marriott Ownership Resorts, Inc., Applicant). This item was removed for separate discussion under Item VII, Consent Items Held Over, of the Agenda. Please see that portion of the Minutes for discussion and action. S. REQUEST FOR APPROVAL of Parcel Map 28764 - Southeast Corner of Mariposa Drive and Jasmine Place in Ironwood Country Club (Richard Jobe, Applicant). Rec: Waive further reading and adopt Resolution No. 98 51 approving Parcel Map 28764. T. REQUEST FOR APPROVAL of City Sponsorship of Age Group Trophies for the Senior World Series of Softball. This item was removed for separate consideration under Item VII, Consent Items Held Over, of the Agenda. Please see that portion of the Minutes for discussion and action. U. REQUEST FOR APPROVAL of Engineering Change Order for Presidents' Plaza East (Contract No. C12860). Rec: By Minute Motion, approve the change order for Presidents' Plaza East design in the amount of $2,825.00 and transfer funds from project account to engineering contract. V. REQUEST FOR CONSIDERATION of Golf Cart Transportation Program, Portola Avenue Expansion. Rec: By Minute Motion, authorize the City of Palm Desert to hold harmless and indemnify the City of Indian Wells from golf cart related claims occurring on Portola Avenue within the City limits of the City of Indian Wells. W. REQUEST FOR APPROVAL of Director of Public Works Attendance at the National Committee on Uniform Traffic Control Devices in San Antonio, Texas -- June 21-26, 1998. Rec: By Minute Motion, approve an out-of-state travel request for the Director of Public Works to attend the National Committee on Uniform Traffic Control Devices in San Antonio, Texas, on June 21-26, 1998. X. REQUEST FOR APPROVAL of Used Oil Recycling Fifth Cycle Block Grant for Fiscal Year 1997/98. Rec: By Minute Motion: 1) Appropriate $12,000.00 from Account No. 110-4511-442-3913 to pay for Used Oil Recycling Block Grant expenses for fiscal year 1997/98 that will be reimbursed by the State of California, California Integrated Waste Management Board (CIWMB); and 2) budget estimated revenue of $12,000.00 for the Used Oil Recycling Block Grant. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * ,* * * * * * Y. REOUEST FOR CONSIDERATION of Bids for ADA Door Replacement (Contract No. C13450). Rec: By Minute Motion, reject all bids received and authorize staff to rebid the project. Z. $FQ TFST FOR CONSIDERATION of Bids for Stamped Concrete Installation (Contract No. C 14200). Rec: By Minute Motion, reject all bids received and authorize staff to rebid the project. Mayor Pro-Tempore Spiegel requested Items R and T be removed for separate consideration under Item VII, Consent Items Held Over. Councilman Ferguson requested Item J be removed for separate consideration. Mayor Benson requested Item G be removed for separate discussion. Upon a motion by Mayor Pro-Tempore Spiegel, second by Kelly, the remainder of the Consent Calendar was approved as presented by unanimous vote of the City Council. VII. CONSENT ITEMS HELD OVER G. RESIGNATION of Jim Ainsworth from the City's Rent Review Commission. Mayor Benson stated she requested separate consideration for this item due to the fact that she was sad to report Mr. Ainsworth had passed away on April 22, and she asked that the City send a letter of condolence to his wife. She said she did not believe it had been in the newspaper yet. Mayor Benson moved to receive the resignation and send a letter of condolence to Mrs. Ainsworth. Motion was seconded by Crites and carried by unanimous vote. J. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Fred Waring Drive and Monterey Avenue Street and Signal Improvements (Contract No. C14440, Project No. 635-98). Councilman Ferguson asked for the Director of Public Works to describe for the record in detail the improvements planned for Fred Waring Drive and Monterey Avenue since they have been the subject of much discussion as of late, with particular emphasis on the timing of improvement installation and what anticipated congestion relief would be realized at this intersection. Mr. Folkers responded that the plan is to provide: 1) Dual lanes in the southbound direction for left turns where there is only one now on the north leg; 2) additional right turn for southbound to westbound; 3) restriping from Arboleda to the Town Center for three lanes of southbound travel; 4) on the west leg, island modification to provide dual turns for eastbound to northbound; 5) modification of the island on the east leg for easier utilization of the dual lanes for left turns to southbound. He said right now the project is under design, and they are hopeful that the plans and specs will be ready to get out to bidders with a three-week bid period and to award contract at the first meeting in July. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Ferguson asked if the timetable was followed as described, would improvements be complete by the beginning of next season. Mr. Folkers responded affirmatively. He said it was their intent to have everything completed by October. Mr. Diaz added that related to this was the Palm Dell Estates issue; last night it is believed consensus of the groups was reached, and this recommendation will come before Council at the next meeting, May 28. He related that the consensus was for the closure of Adonis and Fairhaven with Acacia to remain open. Mayor Pro-Tempore Spiegel asked that a map outlining this information would be provided to Council prior to the May 28 meeting. Councilman Ferguson moved to, by Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. Motion was seconded by Spiegel and carried by unanimous vote. R. REQUEST FOR APPROVAL of Final Tract Map 27570 - West of Cook Street and North of Hovley Lane East (Marriott Ownership Resorts, Inc., Applicant). Mayor Pro-Tempore Spiegel said this project involved the final phase of the timeshares at Marriott's Desert Springs and asked if it was for nine units. Mr. Folkers confirmed this information. Mayor Pro-Tempore Spiegel asked when this timeshare project began. Mr. Erwin stated that the report reflects a tentative in 1993. Mr. Smith added that there was an earlier map in 1987 or 1988, and the 1993 date reflects an update. Mr. Folkers responded that it was 1987 or 1988. Mayor Pro-Tempore Spiegel asked if this represented approximately one-third of the original plan, if the project was developed in this type of increments. Mr. Folkers responded that there were nine different phases; however, he was unsure of the number of units in each phase. Mayor Pro-Tempore Spiegel moved to waive further reading and adopt Resolution No. 98-50 approving Tract Map No. 27570. Motion was seconded by Kelly and carried by unanimous vote. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * T. REQUEST FOR APPROVAL of City Sponsorship of Age Group Trophies for the Senior World Series of Softball. Mayor Pro-Tempore Spiegel stated this softball tournament will be held in Palm Desert and Palm Springs in September; approximately 5,000 seniors from all over the United States will participate. He believes it would be a wonderful way for us to show Palm Desert's amenities to our visitors, and he suggested the Promotion Committee plan some sort of free bus to the Town Center, El Paseo, etc., and any other thing that might be good for these 5,000 visitors who will be in our Valley. Mayor Pro-Tempore Spiegel moved to, by Minute Motion, approve the sponsorship of a set of age group trophies for the Senior World Series of Softball and appropriate $1,000.00 from unobligated promotional funds, referring to the Promotion Committee to arrange a free bus for attendees to the Palm Desert Town Center, El Paseo, and any other activity as they see fit. Motion was seconded by Benson and carried by unanimous vote. VIII. RESOLUTIONS None IX. ORDINANCES For Introduction: None For Adoption: None X. NEW BUSINESS A. REQUEST FOR CONSIDERATION OF APPEAL TO A DECISION OF THE ARCHITECTURAL REVIEW COMMISSION APPROVING PLANS FOR TWO SINGLE- FAMILY DWELLINGS TO BE LOCATED AT 74-525 AND 74-515 DAYLILY CIRCLE, Case No. MISC 98-3 (Daniel and Maryanne Shillito, Harold and Alma Armbrust, Robert and Lori Dickey, Monty and Gina Sorensen, Mark and Rosalyn Weissmann, Ignacio and Jenell Del Rio, David and Vicki McFarland, and Bud Meyer, Appellants). Mr. Smith stated that he, Councilman Ferguson, Mr. Franz Tierre of D & F Development and one of the appellants, Mr. Dickey, met yesterday regarding this matter. He said he believed Mr. Dickey and Mr. Tierre came to a basic agreement that the unit immediately west of Mr. Dickey's residence would be upsized by the addition of a bonus room and a guest house in the rear yard. He added that for the proposal on the lot to the west, 2,300 square feet would be acceptable. He stated today neither party could remain due to the length of the public comment period, and they have both requested a 30-day continuance on this matter to June 11, 1998. He 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * went on to say that Mr. Tierre will use this time to draw his plans and confirm that he can comply. Mayor Pro-Tempore Spiegel asked if it were possible to be certain all the appellants were involved in the compromise. Mr. Smith said he did not know. Councilman Ferguson stated the aforementioned meeting was really between the developer and Mr. Dickey which was facilitated by the City. He said this afternoon he spoke with Mr. Dickey, who last night spoke with all the other appellants to confirm their accord with the direction they were heading, and he believed the representation made to him that t Mr. Dickey was speaking on behalf of all the appellants. Mayor Pro-Tempore Spiegel moved to, by Minute Motion, continue this matter to the meeting of June 11, 1998. Mayor Benson questioned if the developer was going to go from 2,000 square feet to 2,300, if any consideration was being given to going up to the 2,600 minimum that was stated in the report. She said that when she drove through the neighborhood, certainly the 26 that are there now blend very compatibly with the two-story homes. She added that looking one street over where the smaller homes are located, it is easy to see why the owners of the larger homes want to keep larger homes on their street. Mr. Smith replied that he is looking at 2,600 on the unit immediately adjacent to Mr. Dickey; the lot west of that he is looking at 2,300. Councilman Ferguson added he has set a 2,300 square foot minimum with a conversion option for the third bay of the garage and a guest house option which would take that one up to 3,000 if they were executed options. He said the developer has also agreed to submit plans to the homeowners on the remaining three lots before he returns to the City for its concurrence. Councilman Ferguson seconded the motion and it carried by unanimous vote. B. REQUEST FOR CONSIDERATION OF ASSEMBLY BILLS 2194 AND 2061, PROPOSITION 226, AND ASSEMBLY CONSTITUTIONAL AMENDMENT (ACA) 42 REQUIRING CITY COUNCIL ACTION. Mr. Diaz stated that Mr. Janes was available to answer any questions regarding these measures, and that staff has made its recommendations, encouraging approval of the position stated, for each in the report included in the packets,. He indicated for AB2194, if AB1776 (McClintock) in lieu fees for automobiles - passes, the South Coast Air Quality Management District will not receive those dollars, but we are supporting the bill to allow them to receive them as long as they are there. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Pro-Tempore Spiegel moved to: 1) Waive further reading and adopt Resolution No. 98-53 supporting AB2194 (Washington) relative to motor vehicle renewal fees and direct the Mayor to send a letter in support of this Assembly Bill; 2) waive further reading and adopt Resolution No. 98-54 opposing Proposition 226 relative to employee payroll deductions and direct the Mayor to send a letter of opposition to this Proposition; 3) by Minute Motion, support AB2061 (Granlund) relative to school age child care provided by parks and recreation agencies and direct the Mayor to send a letter in support of this Assembly Bill; 4) by Minute Motion, support ACA42 (Aguiar) relative to protection of local government revenues and direct the Mayor to send a letter in support of this Assembly Constitutional Amendment. Motion was seconded by Kelly and carried by 4-1 vote with Councilman Ferguson voting NO. C. REQUEST FOR CONSIDERATION OF WIDENING OF GERALD FORD DRIVE FROM PORTOLA AVENUE TO COOK STREET. Mr. Diaz noted the report contained in the packets. He said other figures have been obtained with regard to the number of vehicles traveling on that street, and if Council wishes to proceed with the addition of two lanes, the cost is estimated at $640,000.00. He stated staff recommends not proceeding with the two additional lanes. Mayor Pro-Tempore Spiegel stated eventually this will need to be funded because the area, when developed, will require four lanes. He asked if funded this year, if it would curtail the overall ability to do other road widening, etc., in the City of Palm Desert. Mr. Folkers said it would as far as a work program which has already been established for the projects scheduled, and some of these would need to be deferred. He added that for funding, future programs for FY 98/99 would not be impacted. Mayor Benson asked if widened, is it reimbursable? Mr. Folkers replied that we are currently going to receive $600,000.00 from CVAG in 2007 for the first portion completed. Mayor Benson asked what happens if this area is developed; what responsibility is assigned to the developer? Mr. Folkers responded that if the developers put it in, this would be considered a development requirement. Councilman Kelly asked if Ordinance No. 416 could be applied to the entire project and also have it tied in with the Midvalley Parkway. He went on to say, even on the Midvalley Parkway and with CVAG, the developer is still responsible for those normal improvements that they would have been originally on widening this street to four lanes, as is outlined in Measure A, Ordinance No. 416, and the TUMF Ordinance. He said Ordinance No. 416. probably would not even have to apply, but the developer would be responsible for that expense which is over one lane. Councilman Kelly stated we derive payback down the road, from CVAG and from the developer. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Diaz stated in terms of developers, the North Sphere Specific Plan requires the developer to widen the street to the nearest intersection, regardless of site of development. He asked Mr. Folkers when the money would be reimbursed. Mr. Folkers replied that under any circumstance, the money spent at this point, $600,000.00 for two lanes, will not be reimbursed until 2007, and if any more money is put towards this project, it would also not be reimbursed until 2007. Councilman Crites and Mayor Benson added it could be reimbursed when someone develops. Councilman Ferguson said he believed Councilman Kelly's position, as his own, was that often when a development goes in, deferred offsite obligations are agreed to for future improvements. And he felt this project would be going the other way- making improvements now when they are less expensive, and when new development comes in, have them contribute a per rata share towards those improvements based on their square footage of their development, which he believes is allowed for under our ordinance. Mayor Pro-Tempore Spiegel asked why staff recommended deferment. Mr. Diaz replied it was based upon the City having to front the money, and secondly, the present traffic count does not warrant an additional two lanes at this time. He said even the projected traffic count, once development commences, will not warrant advancing the money at this time. Councilman Kelly asked for confirmation of the fact that $100,000.00 was placed into a fund when Ordinance No. 416 was passed in order to do this type of work. Mr. Folkers stated that periodically this fund is also replenished. Councilman Kelly stated he assumed this fund was maintained and audited, and if so, what is the fund's balance and how much is out waiting for developers. Mr. Folkers said he believed the current balance is $136,000.00 available now. Councilman Kelly asked if this could be applied to this project. Mr. Folkers stated yes, if Council so desires. Councilman Kelly also commented that the two present lanes have not been open all that long; possibly a lot of people are not aware they are there to use. Therefore, he said he didn't feel a traffic count this soon was an accurate measure and that they will rise pretty fast. Mr. Folkers stated the seven-day traffic count was taken strictly for information at this time. Councilman Ferguson said his motivation to proceed with this is from a sound planning aspect, not because the traffic is so intolerable that we need to widen it. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * .* * * * * * Mayor Benson agreed, and stated that it would be easier to do this work when there is no development present. Councilman Crites stated that if there is a fault for not having done this from the beginning, it is the Council's collective fault, with perhaps the exception of Councilman Ferguson, since they were all seated at the Council desk when the project was approved. However, he said, he believes when we are doing traffic issues such as this, if it is possible to set out the comprehensive information in order to complete a package on a particular street so that there is no other possible work to be done in the future (i.e. widening, dual laning), then Council can know a truly informed decision has been reached. For example, he noted, the improvements for the intersection of Fred Waring and Monterey tonight-- had the Council known when this intersection was built that eventually it would be increased, it probably should have been built to its maximum size at that time. He said whether there were only two cars, one in each of the left turn lanes, it would have been done, and he knows it is less expensive than digging up concrete, taking out plants, and disrupting traffic when it has to be done over. He said he realizes it is Mr. Folkers' job to provide good traffic flow while being economical. Councilman Kelly moved to, by Minute Motion, direct staff to come back with an exact plan, including this project in the budget to install the other two lanes. Motion was seconded by Spiegel. Councilman Crites asked if Councilman Kelly would amend his motion to include the request regarding future such improvements. Councilman Kelly said he would amend his motion to contain direction for future such projects to be presented to Council with fundamental information such as number of lanes, suggested ultimate improvements, if any, etc. Mr. Diaz stated in the future, staff will indicate what the plans are for the next 20 years in terms of lane construction, etc., and then Council may make the decision. He also stated that the subject project will be included in the budget. Mayor Benson called for the vote. Motion carried by unanimous vote. D. REQUEST FOR CONSIDERATION OF PALM DESERT CIVIC CENTER SPACE REDESIGN. Mr. Wohlmuth stated that staff has been looking at space allocation. He said primarily the area looked at was the north side Administrative Services building and Emergency Operations Center (EOC) which is now being encroached upon for office space. He said that a couple of local architects and space planners were contacted to evaluate the present situation and the impact of future growth. In addition, he said, we currently have a number of partition systems in City Hall which are very poor in terms of structural soundness, functionality, etc. He said on the market now are partition systems that not only are efficient use of space, but also have pretty much everything included-- electric, computer, and telephone systems within the walls. He said staff is requesting a consultant to look at the present space allocation, develop criteria within City Hall, expanding the scope of services to include areas of Public Works, Building and Safety 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING . MAY 14, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * and Code Compliance, as their desk systems and partitions in many of those areas are inefficient at this time. He said the consultant will work with each department to establish the criteria of what is needed in each office, square footage requirements for each classification, suggestions for the EOC issue, then generate a design and a budget to present to Council for consideration. He said staff is recommending approval of the first step in this process, retaining said consultant. Mayor Benson asked whether it would be possible to include in the scope of work a recommendation for better presentation of the art exhibits, which are currently located in the North Wing, without disrupting departmental work flow. Mr. Wohlmuth answered this was actually a top discussion of one of the consultants. He said they had an idea with regard to the cabinetry there, proposing a better way to display the art, and he knew of the Council's desire to improve this area. He said this was not included in the proposal; however, the consultant is interested in addressing this issue. He said the one consultant asked if they could show the City their design located at the Cal State Student Union for its art exhibit. Mr. Wohlmuth said he told the consultant we would be happy to look at this, and if Council directs, it can include in the proposal a way to display and make better utilization of the art exhibits. He added that the consultant is already looking at that counter and access to the north side of that building. Mayor Benson said that it would be her direction; she feels it would be a great enhancement to show the art properly without disruption of a department while the art is being installed and displayed. Mayor Pro-Tempore Spiegel commented that at the last Library meeting, there was discussion about displaying some of the art in our Library. He said one of the reasons would be that they are open a couple of evenings a week and open weekends, whereas City Hall is not; plus, they have more traffic in the Library than in the North Wing. He suggested considering this option as well, especially since we have a new librarian who has been challenged to find a location for such displays. Mayor Pro-Tempore Spiegel moved to, by Minute Motion, authorize the Mayor to enter into a professional services agreement (Contract No. C14470) with R. Delgado & Associates for planning and design services for the Palm Desert Civic Center, as amended to include consideration of the present art gallery display with possible utilization of the Palm Desert Library as a venue for same, in an amount not to exceed $5,000.00, and appropriate $5,000.00 from the general fund unobligated budget reserve to the Administrative Services Professional Services Account. Motion was seconded by Kelly and carried by unanimous vote. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E. INFORMATIONAL ITEMS: 1. Update on Interchanges: a. I-10/Washington Street Mr. Folkers reported the contractor is proceeding, and it is intended everything will be completed before July 1. 2. Progress Report on Retail Center Vacancies No report was given. 3. Progress Report on Utility Deregulation Mr. Wohlmuth reported that on Wednesday the Cove Commission will consider proposals, and by the next Council Meeting, he would be in a better position to make a report on the findings. However, he said a meeting is scheduled tomorrow with Imperial Irrigation District (IID) to continue discussion on what they could offer the City of Palm Desert in the next four years, if interested. He reported that the discussion is going well; they are a conservative entity, and we are endeavoring to get their interest in the Cove's load. Councilman Ferguson stated that a subcommittee he sits on with Don Yokaitis is — meeting Tuesday, prior to Wednesday's meeting, and they will be coming back with a recommendation. He added that the recommendation may very well be to do nothing. Councilman Crites said the College of the Desert Board of Trustees is probably going to accept a proposal that comes through the Community College Association to sign a five year contract for energy services with San Diego Gas & Electric. He said this will guarantee them a straight 51/2% rate reduction every year for five years. He said he would provide this information to Councilman Ferguson for his review. He added this is about the highest rate he has heard of, but that the one catch is it is a straight five year contract. Mr. Wohlmuth said he did have one concern in that there are some good contracts out there; however, one of the Cove Commission's priorities is to include a rate reduction for the residential unit. He said that in comparing all of the proposals throughout the State of California, we are the first to request proposals to include residential customers, none of the others have done so. He said unfortuantely, to date, this has not been available. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 4. Red Curb on the South Side of Fred Waring Drive from Monterey Avenue to San Anselmo Avenue. Mr. Folkers reported that as more office professional development occurs in this vicinity, there are more driveways with restricted visibility if cars are parked on the south side of Fred Waring. He said staff wishes to proceed to red curb from San Anselmo Avenue to Monterey on the south side of Fred Waring Drive. Mayor Pro-Tempore Spiegel asked if there was adequate parking in the office professional, since the cars are still parking on the street. Mr. Folkers responded that all of the new buildings were required to provide adequate parking. Mr. Diaz said staff would monitor the situation. Mr. Smith stated part of the issue with parking is the high level of staffing required for these offices. He reported that the Zoning Ordinance Review Committee (ZORC) has been investigating the parking situation for medical office buildings, which seems to be the area where problems exist. He said that amendments to the parking ordinance will be forthcoming as a result of ZORC's recommendation. 5. Fifth Quarter Report for the Urban Forester Contract Councilman Crites commented on one of the issues contained within the report regarding tree topping. He said Jerry Clark has been able to secure a grant to help fund a cooperative program with property owners, utility companies and the City. He said this program would remove trees before they have to be killed and replace them with more suitable species which will not interfere with power lines. He said he hoped Council encouraged Mr. Clark to develop this program. Council concurred. 6. Traffic Study for Fairway Drive Mr. Folkers said it appears a solution has been achieved with the Palm Dell Estates residents. He said Fairway Drive is another area of the City where over the years, a considerable amount of traffic has gravitated. He said that while it is lower than it was several years ago, part of that may be due to the fact that there has been much development in south Palm Desert, so the tradesmen and related vehicles were traveling through here and are no longer. He said there is still a high volume of traffic, and speeds are such to warrant review. He went on to say the program in place, stop signs and double yellow lines, etc., has not really been an effective deterrent to eliminate cut - through traffic. He said it is very bothersome to the residents, and staff is perplexed as to how best to reduce traffic and its speed in this area, since it has been unsuccessful to date. He went on to say the police department gets out there when it can, but some of the studies we have done in this location indicate there is violation of the stop sign. He said they are looking for some input from Council to give direction on the next step. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * He reported there are other options to be considered, but they could be considered drastic for the impacted traffic. Councilman Kelly commented that a diverter will only divert traffic into other neighborhoods, and this is no solution. He went on to say he feels we have this problem all over the City, yet there are only so many deputies on duty at one time. Therefore, he said, we should decide how many hours we want an assigned patrol car in each impacted neighborhood each week, on a varied schedule. He said he felt the presence of these vehicles made a bigger impact. He noted that the League of California Cities presented many traffic calming devices. He felt in the interim between budgeting and scheduling more patrol cars, some of these devices might be implemented. Councilman Crites concurred with Councilman Kelly's comments. He said in light of recent developments where traffic is concerned, he asked two law enforcement officers working in Palm Desert their suggestions for traffic control, and they both said motorcycle officers. He said these officers stated the data is pretty conclusive about traffic speeds in Rancho Mirage since motorcycle presence on Highway 111, and perhaps the idea has merit for Palm Desert as well. Councilman Ferguson said he would support anything which would comprehensively evaluate all traffic in Palm Desert. He said the most startling thing to him in the report submitted, when looking at the traffic counts on Councilman Kelly's street, they are ten times greater than those on the streets the neighbors last night decided they wanted to close. He went on to say that if we set as a threshhold 700 cars/day as an impetus for installing a barricade in the street, we will have to barricade most of residential Palm Desert. He said he has always felt enforcement is the best way to reduce speed, not numerous stop signs or speed bumps. He said he would like to see either an ad hoc committee or some type of committee formed to focus specifically on traffic issues. Mayor Benson recalled a report from Mr. Folkers last fall on a neighborhood traffic study, forming a committee to review all neighborhoods, and she believed Mr. Diaz was going to proceed. Mr. Diaz said we have this, and with Council's permission, he would like to sit down with Mr. Folkers to develop a plan to gather necessary information, recommend the ad hoc committee or other alternative, and return to Council with a report at the May 28 meeting if possible, June 11 meeting at the latest. He said the information would include a timetable for the report's completion and plan of action. He added that once the program is started, an Agenda Informational Item will provide a status report on this study. He said they will come back with an overall program where in some instances it may mean slight design modifications so as not to impact other neighborhoods, in other cases it may mean enforcement, identifying all the areas with a timetable for described phases of implementation. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly asked that Mr. Diaz meet with Captain Lingle immediately to draft a preliminary schedule of patrol cars for enforcement in the areas we are aware of right now to begin this program. Mr. Diaz stated that included in the budget, for which Council has already given preliminary approval, is an additional four traffic officers. He added that at the May 28 meeting, he will provide an interim schedule to Council. NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THE MEETING: F. REQUEST FOR CONSIDERATION OF WARNER TRAIL BETWEEN FRED WARING DRIVE AND HOVLEY LANE EAST. Mr. Diaz said he wished to apologize to Ms. Oliveira regarding the confusion which has resulted in this particular area. Mr. Folkers said it is staffs recommendation that an outside traffic engineering consultant experienced in traffic calming design who incorporates various devices ( i.e. traffic humps, undulations, etc.) be retained to do an all inclusive study in the greater Palm Desert Country Club area, as well as possibly looking at the rest of the areas in the City where similar problems exist. Councilman Ferguson questioned whether staff already had a consultant in mind, or if they would be going out to bid, and in what amount. Mr. Folkers responded that staff would seek proposals from consultants who have already been established as qualified. He said at this time, staff does not have a price; Mr. Greenwood will ascertain this information once approval is given to proceed. Councilman Crites stated he would like to see Warner Trail included in the target team enforcement plan for immediate attention. Mr. Diaz stated this will be one of the streets. Mayor Pro-Tempore Spiegel referred to the petition signed by a number of people who are requesting a stop sign, and he asked if this could be looked at separately from studying all of Palm Desert Country Club. Mr. Folkers stated this has been done already, and the particular area does not meet the warrants. Councilman Crites asked for a staff report at the May 28, 1998, meeting regarding stop sign placement with or without warrant. MR. DAVID SIMMONS, 43-622 Warner Trail, Palm Desert, stated that as presented in the initial study, the posted speed limit is 25 miles per hour with the average speed being over 40, especially on his side of the block, which is south of Delaware Drive, north of Fred Waring. He said his concern is this area being in close proximity to both a public school and a private school in addition to the neighborhood children and familes on the block, yet it sounds to him 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * .* * * * * * as though staff is recommending nothing be done-- no stop signs or anything. He said it appears there is a misunderstanding that the neighborhood's concern is mainly about the flow of traffic or volume of traffic; however, the main concern is for slowing the traffic which is currently using this street. He said whatever means are necessary to effect this change would be supported by the residents whether it be stop signs, speed bumps, etc. He noted that recently in the City of Rancho Mirage, speed humps were approved for a portion of Magnesia Falls Drive. He said in his personal experience, a friend was broadsided while turning left into his driveway, even though she was using her turn signal. He requested that the Council possibly also consider a double yellow line; while it will not stop everyone from passing, it will be a deterrent for most. He said he would appreciate Council's reconsideration of installing stop signs in this vicinity. He concluded by stating that regarding the submitted petition, there are 69 residences on Warner Trail, with 56-57 represented on the petition. He said no one refused to sign it, they just happened not to be available when they went door to door, otherwise they believe they would have had 100% participation. MS. IRENE OLIVEIRA, 43-590 Warner Trail, Palm Desert, said she appreciated Council's response to her letter. She concurred with Mr. Simmons comments and stated the traffic is beyond reason, and unless the situation is witnessed, it is impossible to fathom how the cars speed down the street, including the school buses. She said, in fact, when she went door to door with the petition, her neighbors told her she was an angel and, "God bless you!", and they referred to their street not as Warner Trail but "Warner Freeway". She said as far as police presence, she felt it would only be effective while the patrol car was on the street, not any other time, and they cannot sit there all day. She asked that a stop sign or similar measure be at least attempted to slow the traffic. Councilman Ferguson said he felt independent consultants are effective. He did not want to broaden the scope of services for Warner Trail, but perhaps a consultant could be made available on a general consulting basis for other locations such as Haystack and Highway 74, for which he receives 2-3 telephone calls per week. He said since studies have already been completed on Highway 74 and Haystack, maybe they can provide their opinion for effective mitigation techniques based upon the data already collected, and he would value such input. Councilman Crites moved to, by Minute Motion, direct staff to begin the process of retaining an outside traffic engineering consultant to provide an all-inclusive study for the greater Palm Desert Country Club area, and also direct staff to return to Council to review with it any possible interim measures for Warner Trail at the meeting of May 28, 1998. Motion was seconded by Spiegel and carried by unanimous vote. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XI. CONTINUED BUSINESS A. CONSIDERATION OF REQUEST FROM JIM PEARCE, OWNER OF COVE CONDO RENTALS, FOR EXEMPTION FROM NEW TRANSIENT OCCUPANCY TAX PAPERWORK REQUIREMENT FOR COMPLETION OF AN ADDITIONAL "EXEMPTION REPORT" (Continued from the Meetings of April 9 and 23, 1998). Mr. Gibson stated he had spoken with Mr. Pearce, and the only issue remaining since the last meeting was information the City required on his exemption form. He said,we conferred with our auditors, and after their review determined it was sufficient for our needs. Mr. Gibson then related this to Mr. Pearce who said he was satisfied with this settlement. Mr. Gibson said he would recommend approval of the request as has been discussed and settled by City staff and Mr. Pearce. Mayor Pro-Tempore Spiegel moved to, by Minute Motion, approve waiver of City Exemption form as agreed to for Cove Condo Rentals. Motion was seconded by Ferguson and carried by unanimous vote. B. REOUEST FOR CONSIDERATION OF PROPOSED MOBILE HOME PARK CONVERSION ORDINANCE (Continued from the Meetings of April 9 and 23, 1998). Mr. Erwin recommended staff be directed to prepare an ordinance that would set the procedural guidelines for conversion should such matter present itself. He added that he does not propose — this ordinance would change any of the substantive law of the state; he believes we are preempted. Councilman Crites asked about provisions protecting existing residents. Mr. Erwin said this is addressed; the state law basically says there will be a report prepared, it will be considered by an agency, and notice will be given. He believes there just needs to be more detail in the procedural aspect guaranteeing assurance of notice with the opportunity to participate and be heard in this process. Councilman Crites inquired whether the Council could then set forth conditions upon the park owner to mitigate any potential impacts to existing residents. Mr. Erwin responded affirmatively. Mayor Benson stated this was initially brought to the Housing Committee by the Silver Spur Mobile Home Park residents with the Westminster ordinance as a guideline, which our attorney and staff reviewed and brought back to the Housing Committee with appropriate recommended changes for the City of Palm Desert. Councilman Ferguson moved to, by Minute Motion, direct staff to prepare said ordinance for Council's consideration. Motion was seconded by Spiegel and carried by 4-0-1 vote with Mayor Benson ABSTAINING. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. CONSIDERATION OF REQUEST FROM THE PALM SPRINGS DESERT MUSEUM FOR A GRANT-IN-AID IN SUPPORT OF ITS 60TH ANNIVERSARY AND ITS MAJOR FOLK ART EXHIBITION "RECYCLED/RE-SEEN: FOLK ART FROM THE GLOBAL SCRAP HEAP" (Continued from the Meeting of April 23, 1998). Mr. Diaz stated staff recommended continuance of this item to the meeting of May 28, 1998. Mayor Pro-Tempore Spiegel commented that this has not been before the Art -In -Public -Places Subcommittee, nor has it been before the Civic Arts Committee, and he would like input from both groups. Councilman Ferguson requested an updated staff report regarding the proposal, including the proposed account for expenditure, in his Agenda packet for the May 28 meeting. Mayor Benson said she would also like to see in the updated report suggestions which were presented at the meeting of April 23, 1998. Mr. Diaz suggested continuing the item to the meeting of May 28, 1998, if meetings of the Art - In -Public -Places Subcommittee and Civic Arts Committee take place in the interim; if not, continue to the meeting of June 11, 1998, with requested information to be presented in the Agenda packet. Mayor Pro-Tempore Spiegel moved to continue the item to the meeting of May 28, 1998, if meetings of the Art -In -Public -Places Subcommittee and Civic Arts Committee take place in the interim; if not, continue the item to the meeting of June 11, 1998. Motion was seconded by Kelly and carried by unanimous vote. XII. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR SIDEWALK IMPROVEMENTS ON PARKVIEW DRIVE, FRED WARING DRIVE, PORTOLA AVENUE, COUNTRY CLUB DRIVE, AND WARNER TRAIL (Contract No. C14190, Project No. 699-97). Mr. Folkers noted for the record, the staff report and Agenda should reflect "Warner Trail", instead of Warner Avenue. Councilman Kelly stated that on Highway 74, just above Haystack and the school, there is a section on the west side without sidewalk; there is sidewalk up to that point, but approximately 300-400 feet without. He said he realized it was a problem due to the boulders located there, and he knew it was not a part of this proposal, but it seems this would be a prime location to install sidewalk and connect what is already there. He asked that staff look into this matter in the near future and return to Council with a proposal. Councilman Crites suggested looking at what has been done on Portola Avenue towards Country Club Drive, using hard pack or asphalt to create a sidewalk. 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Ferguson asked what measures have been undertaken to construct a sidewalk on the east side of Highway 74 at the site of the new parking lot, as Councilman Crites had asked about during a previous meeting. Mr. Folkers answered it will be included in the design for the modification of Highways 74 and 111 construction project; it would be late summer this year. Mayor Pro-Tempore Spiegel moved to, by Minute Motion: 1) Award Contract No. C14190 to James E. Simon Company of Indio in the amount of $292,210.00 for the construction of the sidewalk improvements on Parkview Drive, Fred Waring Drive, Portola Avenue, Country Club Drive, and Warner Trail and authorize a ten percent (10%) contingency in the amount of $29,221.00; 2) authorize the Mayor to enter into a contract with James E. Simon Company; 3) authorize the appropriation of funds in the amount of $6,000.00 from Account No. 410-4616-433-4001 to Project Account No. 400-4616-433-4001. Motion was seconded by Kelly and carried by unanimous vote. B. CONSIDERATION OF LETTER FROM AGUA CALIENTE BAND OF CAHUILLA INDIANS REQUESTING THE CITY'S OPPOSITION TO SB1502. Mayor Benson stated she requested this be placed back on the Agenda because at the last meeting she did not quite understand what the City Attorney had been asked to do. She added that after receiving Mr. Milanovich's letter, she felt the resolution prepared by the City Attorney made the statement that the City of Palm Desert recognized the economic effect without requiring 25 hours to study the entire bill. She said she felt the City should make a statement that we support their economic efforts in the Valley. Councilman Crites asked the last paragraph of the proposed resolution be modified to state, "...resolve such disputes as cooperatively agreed to for the benefit of all concerned." He added perhaps the last sentence of the last paragraph should also include "mutual agreement". Councilman Crites stated that as a result of consideration of the proposed Agua Caliente Band of Cahuilla Indians letter regarding SB1502, he moved to adopt Resolution No. 98-57, as amended with the suggested wording in the last paragraph of same. Motion was seconded by Spiegel and carried by 3-2 vote with Councilmen Kelly and Ferguson voting NO. XIII. REPORTS AND REMARKS A. CITY MANAGER 1. Consideration of AB1776 (McClintock) and Proposed Constitutional Amendment. Mr. Diaz stated that the proposed constitutional amendment and the bill are sponsored by Assemblyman McClintock of Simi Valley. He said AB1776 would abolish the in lieu vehicle tax, and the Assembly Constitutional Amendment (ACA4) would amend the constitution to allow this measure. He added that the reason Council does not have the material before them tonight is due to the rapid progression of the bill. He added that earlier today, Mayor Pro-Tempore Spiegel and he met in Rancho Mirage with Mayor Murphy and Mayor Kleindienst of Palm 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Springs on this matter. He said he is recommending adoption of a resolution to oppose both legislative items and send it to our elected officials. He went on to say if AB1776 was passed, the impact to the City would be approximately $1.4 million per year. Councilman Ferguson asked if this would be the impact if the State did not fund this from other sources. Mr. Diaz responded affirmatively and added based upon our past experience with the State repaying the City from other sources, there has been more promise than delivery. Additionally, he said, the excess is in personal income tax revenues from which the measure would be funded. He said we believe that if the State wants to give back taxpayers' money, of which we are in favor, that a cut in the personal income tax would be more appropriate. Mayor Pro-Tempore Spiegel moved to add this item to the Agenda. Motion was seconded by Kelly and carried by unanimous vote. Mayor Pro-Tempore Spiegel moved to, by Minute Motion, direct staff to prepare a resolution opposing AB1776 and the related ACA4 for submission to Senator Kelley, Assemblyman Battin and Governor Wilson listing our concerns for the taking of money from the City of Palm Desert without guaranteed replacement to be delivered to these gentlemen at the meeting Friday, May 22, 1998, at CVAG by the Mayor, or her appointed representative, and the City Manager who attend same. Councilman Ferguson said that as he understands it, the amount of money that actually comes to the City is approximately $47.00 per person. He said he pays $500.00 to register his vehicle, and it seems that we can protect our $47.00 and still allow the State to eliminate the $450.00-some over this amount. Mayor Pro-Tempore Spiegel clarified that it is $47.00 per person, and there are a lot of people in Palm Desert who either do not drive or own older model cars with lower registration fees. He went on to say they are proposing cutting it to $27.00 or $27.00 would go to DMV. He then asked how the State determines that Palm Desert receives $47.00 per person; does the State take all the money and divide it amongst all the cities; and does the State get any of that money? Councilman Kelly answered that it is calculated based upon population. He said the money goes to the cities and counties; he added that Palm Desert receives $47.00, but the County probably receives a similar amount. Mayor Pro-Tempore Spiegel said it appears the County will lose $41,468,000. Councilman Ferguson asked if 100% of vehicle registration fees are returned to cities and counties. 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly answered no, only that portion which can be deducted from your income tax is the portion which is distributed to cities and counties. He said the rest of it stays the same. He further stated he was concerned if nothing happened, this would end up as a ballot measure and would pass. He said we should get the message to our representatives that if anything happens, they should include a guaranteed back bill so it cannot be taken away next year. Councilman Crites stated that in a time of budget surplus, everyone will smile and backfill away. Yet he knows from a community college standpoint when shifts in funding were made, the second the economy goes the other direction the state protects its portion of the budget, and our portion is gone. He added we will probably survive because we have other sources, but there are a lot of our sister communities for whom this makes the difference between putting police on the street, etc., and not providing these services, and it is serious for them. Mayor Pro-Tempore Spiegel stated for Indio, it amounts to $1.6 million. Councilman Kelly stated that in the legislature is a bill that would guarantee certain revenues that are coming to cities now stay with the cities; it is one of the League of California Cities big projects this year to have this bill passed. He said if they are not successful, then they will have to go to the ballot initiative process. He suggested that during the meeting with the legislators next week at CVAG, their support is requested for this bill also. He said we need to educate our representatives and enlist their concern for the cities' problems. Councilman Ferguson concurred with Councilman Kelly's statements, particularly in an election year for the Assembly and Senate this year. He said he believes this bill will pass one way or the other, and if it does not, it will go by proposition; whether the cities are in support of it or not is immaterial, as we have been shown by Proposition 13 and Proposition 218. He feels the cities would be better served to seek a Constitutional Amendment which protected any proposed alteration of money currently coming to cities with a security mechanism that forces the State to keep its word to provide back-up funding. He also said it appears this is a very partisan issue— therefore, we need to challenge our Governor and our Republican elected officials to devise this mechanism. He added that he did not understand the magic of the vehicle registration, which does not seem to do anything more to guarantee us money than any other form of legislation. Councilman Kelly stated the vehicle license fees coming to cities were as a result of a ballot measure approving same. Therefore, he said, one of the ways the legislators can be looked upon favorably by the voters is to reduce something that will not cost them a penny. Mr. Diaz added that the State will receive more revenues through the personal income tax, since this is what you could deduct but can no longer. 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Pro-Tempore Spiegel stated there is immediacy for this issue, as the legislators will be voting within two weeks; hence, the scheduling of next week's meeting. He added if it does pass, it behooves all the Valley to get together for protection of the money we are due. Councilman Ferguson said he hoped Assemblyman Battin and Senator Kelley could be persuaded to introduce floor amendments that would further secure the alternate source of funding if AB1776 passes; and if they cannot, to vote against the bill. Councilman Ferguson said if the resolution were worded to include, "...take an approach which secures the City's revenue source, making Sacramento keep its word", he seconded the motion. Motion carried by unanimous vote. Mrs. Gates noted for the record this would be Resolution No. 98-58. B. CITY ATTORNEY Mr. Erwin requested a Closed Session be held at an appropriate time. He asked for Council's consideration and four -fifths vote to add the following items to the Closed Session which had arisen after posting of the Agenda: Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): 1) City of Palm Desert v. Western Waste, Riverside County Superior Court, Case No. 090744 2) Green v. City of Palm Desert, Riverside County Superior Court, Case No. 007067 Significant exposure to litigation pursuant to Government Code Section 54956.9 (b): Number of potential cases: J Mayor Pro-Tempore Spiegel moved to add these items to the Agenda during Closed Session. Motion was seconded by Ferguson and carried by unanimous vote. 1) Report and Action on Items from Closed Session. 2) Request for Closed Session Conference with Real Property Negotiator pursuant to Section 54956.8: 1) Property: East side of San Pablo Avenue between El Paseo and Highway 111, APN 627- 211-017 Negotiating Parties: Agency: City of Palm Desert/Richard J. Folkers, Director of Public Works Property Owner: Independent Order of Foresters Under Negotiation: . Price .� Terms of Payment 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2) Property: Southwest corner of Highway 111/San Pablo Avenue Negotiating Parties: Agency: City of Palm Desert/Ramon A. Diaz and Phil Drell Property Owner: Alan Nyman Under Negotiation: Price Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) City of Palm Desert v. REFCO Capital Corporation, et al, United States District Court, Central District, Case No. CV92-7632 b) City of Orange, et al. V. Alabama Treasury Advisory Program, et al., Los Angeles Superior Court Case No. BC106461 c) Silver Spur Reserve v. Palm Desert, Riverside County Superior Court Case No.80790 d) Bedrosian v. Shapard, et al, Case No. INC 001738 Significant exposure to litigation pursuant to Government Code Section 54956.9 (b): Number of potential cases: .. — Councilman Crites moved to adjourn to Closed Session at 6:39 p.m. Motion was seconded by Spiegel and carried by unanimous vote. Mayor Benson reconvened the meeting at 7:12 p.m. C. CITY CLERK None D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Letter from The Institute of Critical Care Medicine Requesting the City's Support of Its Application to Serve as One of Thirty National Sites for Evaluation of Automated External Defibrillators (Mayor Jean M. Benson). Mayor Pro-Tempore Spiegel moved to, by Minute Motion, direct the Mayor to send a letter of support for the Institute of Critical Care Medicine's application to serve as a test site for evaluation of automated external defibrillators. Motion was seconded by Ferguson and carried by unanimous vote. 2. Mayor Pro-Tempore Spiegel requested an informational item be added to each City Council Agenda updating the Council on the progress of the Desert Willow Clubhouse facility. Council concurred. 29 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * o City Council Committee Reports: 1. Gerald Ford School Councilman Kelly stated he had attended a computer class at Gerald Ford School. He said the school presented the City with a plaque in appreciation for its contribution to their computer lab. He felt the funds were well spent, and he enjoyed being with the 5th graders that day. 2. Riverside County Transportation Commission Councilman Kelly reported yesterday RCTC formally adopted a memorandum of understanding to solidify the formula for eastern Riverside County transportation programs. He felt this was a great step for receiving our fair share of state tax funds. 3. Public Safety Commission Councilman Ferguson reported he and Mayor Benson have been working together to establish a Public Safety Commission. He said they have drafted a statement of purpose, enabling ordinance and bylaws incorporating recommendations of the fire chief and police chief and disaster preparedness concerns. He stated this should be before the Council at its meeting of May 28, 1998. 4. Mayor Benson stated she and Councilman Crites attended the Holocaust presentation in Civic Center Park on Sunday, April 26. She said it was well attended, and she has since had numerous telephone calls in appreciation of the memorial there. She stated that her remarks at this program included the statement, "The park not only is a recreational place, but it is a place of education as well.", and we are pleased to be the host for this memorial. 5. Mayor Benson reported she attended the 50th Anniversary of the State of Israel program held at Del Webb's Sun City on Sunday, May 3, where she presented a proclamation from the City of Palm Desert. She stated this program was also very well attended. 6. Mayor Benson said that she, Councilmen Kelly and Ferguson, and Mayor Pro-Tempore Spiegel attended the Desert Rose "Thank You" party. She said Community Dynamics expressed their appreciation for the opportunity to work with the City of Palm Desert. She went on to say they work with cities all over the state, yet they have established their number one priority as being able to do another project for Palm Desert. She said we should be very proud of our staff who worked most closely with this project, especially Ms. Terre LaRocca. She also noted that we have 161 happy homeowners in this development, who frequently write the Council of their pleasure there. 7. Make A Difference Day Mayor Benson complimented the Redevelopment Agency and Home Improvement staff for the day organized to "make a difference" on Catalina Way. She said it brings tears to her eyes to see the improvement made to the residences there-- painting, roofing, gardening, lawns. She reported there 30 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * were over 150 volunteers working on Saturday, May 2, 1998, and their hard work is evident. She said it really showed the pride people have in Palm Desert. XIV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION Please see individual items for Council discussion and action. XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO PAULA KROONEN IN APPRECIATION OF HER SERVICE AS A MEMBER OF THE PALM DESERT CIVIC ARTS COMMITTEE. On behalf of the City Council, Mayor Benson presented Mrs. Kroonen with an engraved clock in appreciation for her 13 years of service to the Civic Arts Committee, having served the committee since inception of the Art -In -Public -Places Program. B. PROCLAMATION DECLARING THE MONTH OF MAY, 1998, AS "NATIONAL MENTAL HEALTH MONTH 1998" IN THE CITY OF PALM DESERT. C. On behalf of the City Council, Mayor Pro-Tempore Spiegel presented a proclamation to Mr. Tom Petit, Vice Chairman of the Board of Desert Region Riverside County Mental Health, declaring the month of May 1998 as National Mental Health Month 1998 in the City of Palm Desert. Mr. Petit said their organization was grateful to receive the proclamation to raise community awareness and compassion for this disease in our community. APPOINTMENT OF TWO REPRESENTATIVES (ONE EACH FROM LAS SERENAS APARTMENTS AND ONE QUAIL PLACE) TO THE HOUSING COMMISSION (Continued from the Meetings of March 26 and April 23, 1998). Mayor Pro-Tempore Spiegel stated the Council has not had the opportunity to review the applications for these appointments and asked that the matter be continued to the meeting of June 11, 1998. Mayor Pro-Tempore Spiegel moved to continue the matter to the meeting of June 11, 1998. Motion was seconded by Ferguson and carried by unanimous vote. XVI. PUBLIC HEARINGS A. CONSIDERATION OF REOIJESI FOR ABANDONMENT OF PARK DESIGNATION FOR CITY -OWNED PARCEL AT THE SOUTHEAST CORNER OF PORTOLA.AVENUE AND SILVER SANDS PARKWAY. Mr. Jeff Winklepleck, Associate Planner, displayed a City zoning map to the Council detailing the sites of present parks with the subject site highlighted. He noted that the distance from the 31 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * subject site to the new soccer park under construction is approximately three-quarters of a mile, approximately one and one -quarter mile from the site to the Portola Park, and approximately two miles from the site to the Civic Center Park. He noted the Parks and Recreation Commission recommended abandonment since maintaining the site would be duplicating services already provided nearby, and the Silver Sands Homeowners Association, whose development gave this land to the City for a park, recommended they would much rather see single family homes on this site as opposed to any other type of use. He reported the Sonata Court owners preferred a park; however, no response was given from Casablanca. He concluded by stating staff recommends abandonment of this site as a park using the proceeds from the sale to produce parks and provide equipment elsewhere in the City where it is needed. Mayor Pro-Tempore Spiegel noted receipt of letters of dissent from Silver Sands owners. Mr. Winklepleck answered that they likely were responses to his original letter of September 1997, and since that time, some of these have changed their mind; however, the association as a whole recommends abandonment. Mayor Benson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. MR. KEN ELDRED, 40-857 Sonata Court, Palm Desert, stated he represented a vast majority of his neighborhood opposed to abandonment of this park site. He feels it is a refreshing break, a visually unique open space that he and his family will certainly miss. He went on to say that he uses this park professionally, as an institutional school teacher, and that he has collected ecological samples from this park for the past eight years to share with his students. He referred to the original development agreement for the Silver Sands project and the conditions specified in Resolution No. 81-4, as well as Chapter 26.48 of the Palm Desert Municipal Code. He said he protested the process for this matter, including the letter announcing the public hearing; he feels it implies the decision has already been made-- Silver Sands has exclusive say, no one else objected. He asked why the park was not abandoned before or at the same time as the creation of the Soccer Park. He said he conducted his own survey of the service area, from a central point in the park to the nearest 500 houses. He said opinions were obtained from everyone who answered the door of these 500 houses, one vote per house, adults only. He said respondents were given first (leave park as is), second (develop it as a park) and third choice (sell it for houses) options to prioritize their preference for use of this site, and of the 33 responses received, the result showed preference for development of the park. (The survey was received for the record and has been filed in the office of the City Clerk.) He questioned what method was used to obtain the consensus of the Silver Sands homeowners. MR. ROGER BONNELL, President and Director of the Silver Sands Homeowners Association, 15 La Jolla Drive, Palm Desert, stated he wanted to address questions raised by the previous speaker. He stated there are 256 houses in Silver Sands, and at their February 21, 1998, homeowners meeting, a vote of those present (125 people) resulted in 121 voting in favor of single family housing, 4 voted in favor of an extended care facility, no one voted for a park. 32 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * With no further testimony offered, Mayor Benson closed the public hearing and invited Council comments. Councilman Crites felt a missing element of the notice to impacted residents was the City's plan for use of funds resulting from sale of this site. He said it was his understanding that these funds were to be used for the purchase of other park land. Mr. Winklepleck noted page two of the staff report indicating use of the proceeds would be programmed into the soccer park, which would free up this same amount of proceeds for other park sites throughout the City. Mayor Pro-Tempore Spiegel stated the state-of-the-art soccer facility under construction is not only a premier soccer facility but will include a tot lot, horseshoe court, walking track, open area for kite flying, etc., investing over $2 million in this construction only three-quarters of a mile from this parcel. He said additionally, the City intends to build other parks within its borders; the Parks & Recreation Commission is now discussing the possibility of a major park in the Palm Desert Country Club area, which will probably be considered by Council sometime next year. He said the proceeds from sale of the subject parcel will aid in acquisition for this larger park. Councilman Ferguson stated he felt the notice to residents looked fine. He saw nothing misleading contained therein, and took exception to the inference there was something nefarious going on at the City with the representation from Silver Sands. He added Council has been briefed on this issue on a monthly basis for the past year, and this is the first and strongest opposition he has heard to date. He said the City has an obligation to provide parks and recreational facilities to all of its residents, and felt abandonment of this park was not unreasonable with the soccer park being located only seven -tenths of a mile down the street from this site, meeting our obligations to all the residents in this area. He stated he was proud of the City's work and supports the recommendation. Councilman Kelly stated by looking at the map, it is clear all the parks are in one area, with an expansive area to the north and east without. He said one of the City's main obligations is to distribute the parks equitably throughout, hence the reason for locating the soccer facility in the north, and believes the City has more than met its obligation to provide parks in this area. He feels now citizens on the eastern side of the City need to be served, and proceeds from this transaction will be well spent in distributing these facilities where they are needed. Councilman Crites said he also has an affinity for open space. However, he said he doubted whether the City would ever choose to develop this site as a park given the fact it is so close to a number of other facilities with many of the same amenities which might be included (i.e. children's playgrounds, etc.). He added that maintenance of parks is also a costly venture, as maintained at the quality level of the City of Palm Desert. Mayor Benson said she would echo Councilman Crites sentiments with regard to open space and concern for the entire community. She added this issue was reviewed long and hard before it reached the point where it was decided the approximately $600,000.00 of proceeds would be better spent serving the whole community. 33 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Pro-Tempore Spiegel moved to waive further reading and adopt Resolution No. 98-55, abandoning the park designation for the City -owned parcel at the southeast corner of Portola Avenue and Silver Sands Parkway. Motion was seconded by Kelly and carried by unanimous vote. B. REQUEST FOR CONSIDERATION OF APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, CONDITIONAL USE PERMIT, AND CHANGE OF ZONE TO PERMIT CONSTRUCTION OF A 15,120 SQUARE FOOT WALGREENS DRUG STORE AT THE SOUTHEAST CORNER OF MONTEREY AVENUE AND SAN GORGONIO, Case No. CUP97-16 and C/Z 97-13 (McFadden/McIntosh Architects, Applicant). Mr. Smith noted the report contained in the packets and the plans and store rendering drawings displayed for Council's review. He said the proposed development contains a 24-hour prescription drive -through window to be located adjacent to the alley with the store hours of operation limited to 6:00 a.m. to 12:00 midnight. He added that in 1990 and 1992 Council reviewed a proposal on this site for a 36,000 square foot professional office building, and when the matter came back in 1992, that action was reaffirmed with less parking and limited development of up to 50% retail use of the total. He said currently the properties fronting on Monterey are zoned C-1, and the properties to the east are zoned R-1, resulting in the need for the conditional use permit for the parking lot. He noted the zone change request would only apply to the perimeter section of the building as it crosses the line into the presently -zoned R-1 site. He also stated that part of the building and the parking lot are located on property which is owned by the Palm Desert Parking Authority, purchased for the Authority's benefit by Mr. Lyons with the understanding that the use of the property would be available for this project, and the project includes exchange of Parking Authority property for an equivalent public parking easement in the lot. (See Condition No. 18 in the draft resolution). Mr. Smith stated a traffic study was completed, two key issues being impacts the project could have on San Gorgonio Way east of the project and impacts on the alley at the south end of the site for the existing drive -up teller window at the bank. He said for San Gorgonio Way east, the traffic study concluded up to a 23 % increase in traffic volume could be realized; and the alley issue would not be a problem. He then noted the five additional conditions imposed by the Planning Commission as a result of the traffic study (draft resolution item nos. 20-24). He said also Sunline Transit asked for a bus turnout on the east side of Monterey south of San Gorgonio, and this requirement will be implemented as part of the street improvement plan pursuant to Public Works Condition No. 9. He concluded by stating staff's recommendation was to approve the subject project. Mayor Pro-Tempore Spiegel asked if the Economic Development Advisory Committee (EDAC) had reviewed this project, what the vote of both the the Planning Commission and Architectural Review Commission (ARC) were for this project. Mr. Smith answered he did not recall if EDAC had reviewed the project, but the Planning Commission approved the project unanimously (5-0). He said the project went through ARC several times but ultimately was approved unanimously. Mayor Pro-Tempore Spiegel asked about the setback on Monterey Avenue. 34 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Folkers responded the applicant will be widening Monterey for one additional lane along the frontage of their property, and there will be three northbound lanes here. Councilman Kelly asked why the exit for the property onto Monterey was made through the alley. Mr. Folkers answered that due to all the activity with turns into the mall, it is intended to have people turn in from the alley or turn in at the San Gorgonio signal. He added that the alley identified is the one which runs from Monterey to San Pablo (Alessandro Alley running east -west). Councilman Ferguson asked for identification of the "Highway 111 Alley", since there are several references to it in the conditions. Mr. Smith responded that the Highway 111 Alley (north -south) runs along the east side of the bank. Council discussion ensued regarding various ingress and egress issues and traffic flow overall. Councilman Ferguson asked for the total number of trips generated by this development per day according to the traffic study. Mr. Smith answered approximately 770. Mayor Benson declared the public hearing oaen and invited testimony in FAVOR of the request. MR. GARY LYONS, 160 Menil Place, Palm Desert, stated he and his wife are the owners of the subject project property. He stated they have been associated with the growth and development of Palm Desert since 1978 and that they have performed in a responsible and responsive manner in this period of time. He said in the late 1980's, on the basis of a Core Commercial Plan, they began acquiring the homes back along Monterey and San Antonio Circle, with the exception of one site, in anticipation of the commercial development to occur later. They determined the homes acquired were rundown and not of benefit to Palm Desert, so they were razed. Since 1989, they have worked closely with the City and the Parking Authority to acquire the one remaining parcel in order to develop an appropriate project. He said the Council probably remembers the steps he has been through prior to the subject proposal, faithfully following the Palma Village Specific Plan of 1984 and the Palm Desert Core Commercial Plan of 1987, not only in the commercial development but the parking and greenbelt planning as well. He said in 1996, they were able to acquire control of the one remaining property, resulting in control of the entire project. He went on to say about a year ago they began working with Walgreens Drug Store, which they felt, given the preceding history, would be a useful and compatible project for the City and complement the project site as well. He added that Walgreens was sensitive to the need for compatibility and other concerns of the City, and he believes they are proposing a very architecturally sound and landscaped project-- over -landscaping the project to present a very soft and compatible scene coming down the corridor into Palm Desert, as well as provide a buffer for the neighborhood residents. He said designers also put great effort into mitigating traffic impact concerns. He further stated Walgreens has been given the highest rating for all drug store retail 35 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * chains in the United States, an A+ rating; it is on the New York Stock Exchange, owned and operated by the family who first developed it. He also said he expects that this building and surrounding property, once built, will be maintained in no less than a pristine manner. He said that the Walgreens he has come to know is a community conscious organization. He felt having a 24-hour drive through pick-up pharmacy window, a service to his knowledge not currently available in Palm Desert, providing lifesaving medications for an asthmatic child or adult with angina in the middle of the night, would be a great comfort to our residents. He concluded by stating the total package proposed is one which will enhance Palm Desert, and he is very pleased to be able to present it for Council's consideration. Mayor Pro-Tempore Spiegel asked for the height of the wall separating the back of the property from the residences. Mr. Lyons stated the wall is six feet in height. Councilman Ferguson stated the Planning Commission limited the project to only having a pharmacist at the store 24 hours per day and asked Mr. Lyons if he would, indeed, have a pharmacist there 24 hours per day. Mr. Lyons stated there would be a pharmacist in the store 24 hours per day. Councilman Ferguson asked if Mr. Lyons intended to have outside pay phones on this building, and if so, would Mr. Lyons be amenable to condition that would preclude pay phones on the outside. He clarified the point by saying there is currently nothing north of Highway 111 of a neighborhood character for the Palma Village residents, which he feels this project proposes. His concern results from the corner of San Pablo and San Gorgonio; the convenience store there has become a collecting point for loitering and candid drug transactions because of the pay phone there, and he would hate to see this beautiful facility become a defacto gathering place for "street thugs" for the same reason. He cited the similar condition imposed at Cain's Comer. Mr. Lyons stated he concurred with this recommendation and he would be amenable to a condition for inside pay phones. MS. CAROL MCDANIEL, 44-730 San Antonio Circle, Palm Desert, stated she was not yet sure whether she was for or against the project but she had some questions. She stated she did not attend the January meeting where the project was heard, therefore this was her first exposure to it. She said her property was kitty-corner from it, she would be looking right at it, and wondered: 1) What impact the lighting would pose if the facility is 24-hour; 2) traffic flow-- will San Gorgonio Way be widened and where? Mayor Pro-Tempore Spiegel answered widening would occur at the western end of San Gorgonio, utilizing Walgreens property for this improvement, not from residential nor the insurance agent. Mr. Smith responded to the lighting question stating the City's restrictive lighting ordinance would apply to the project with regard to spillover light. He added that maximum pole height and other conditions may be imposed in order to assure compliance. He said since the store will be 36 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * open until midnight, it could be specified that the lights on the north side of the parking lot be turned off. Councilman Ferguson addded that the approval is for a conditional use, which means if it is not operated to the City's satisfaction under the Conditional Use Permit (CUP), they can be called back and additional conditions will be imposed. Councilman Crites commented that perhaps our ability to do this, as an example on a much larger scale with the Desert Crossing Center, is less powerful than we think since we assured the residential neighbors that our strict lighting ordinance would correct this issue. Therefore he said, if there is a lighting issue, it absolutely needs to be taken care of prior to any project breaking ground; after the fact is an unpleasant experience for the developer, neighbors, and everyone else. Councilman Ferguson recalled that Cam's Corner was brought back for additional conditions due to the brightness of their canopy lighting, and within a month the problem corrected itself. MS. MCDANIEL further asked how the entrance/exit at San Gorgonio would affect her property. Mr. Smith answered that there is an ingress and an egress onto San Gorgonio; no additional stop signs would be installed on the street. MS. MCDANIEL concurred with Councilman Ferguson's suggested condition regarding pay phones, since the neighborhood already experiences problems with illicit drugs in the area. MR. PHIL WITTE, 44-870 San Antonio Circle, Palm Desert, stated his residence is right around the corner from the proposed development. He noted several specific plans for the area-- the Palma Village Specific Plan, and the Core Area Commercial Development Plan, and he does not believe these plans are being followed. He said this plot was never intended for a high commercial use, it was intended as an office building; he said the insurance agent across the street feels the same way. However, he does understand that commercial development in the area is inevitable, and even though he does not like it he accepts it; he asked why the City is not following its own policies. He said he believes this is the busiest corner in Palm Desert, and that he will be terribly impacted. Councilman Ferguson asked how Mr. Witte would be terribly impacted. MR. WITTE stated that there will be lights on all night, and there will be traffic down the alley around the clock. He noted that when this project was first considered by the Planning Commission and the traffic flow was stated, he said the representative and the architect stated that similar demographics for a similar store generate 40,000 customers per month. He went on to say at that same meeting, they cut the count down from 40,000 to 30,000 to 26,000 to 23,000, and eventually to 20,000, based upon reduction of their working hours. He does not believe 50% of the traffic would occur between midnight and 6:00 a.m. He noted that San Gorgonio already carries six times the normal traffic for a residential street, and they are saying a minimum of 25 % increase when their figures are not even accurate. 37 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Ferguson noted Mr. Witte does not live on San Gorgonio, and he does not believe 23,000 people are going to go down the alley. MR. WITTE stated there are many times traffic is backed up beyond the alley to the bank on a busy day. He said those cars are not going to wait to make that turn, they are going to use the San Clemente entry and use the alley behind his house. Councilman Ferguson asked for explanation of how the City was not following its Specific Plan. MR. WITTE quoted from the Palm Desert Commercial Core Area Specific Plan. He said that in the letter he sent to Council earlier, he specifically pointed out from the plan that residents and their needs would be addressed before the commercial areas. He went on to say that there is a greenbelt marked out not only in the Core Area Specific Plan but in the Palma Village Specific Plan that allows all the homes which border on that alley to be acquired by the City for parking and for greenbelt for the rest of the residents, and this has not occurred. He said that as development has taken place the alley has become unsightly. He asked that the City stop applying its policy haphazardly; he said the net effect of the City's development is driving down the value of his home and making it an unpleasant place to live, and this was not the intent of the plan. MR. JIM MCINTOSH, McFadden/McIntosh Architects, commented on an issue raised by Mr. Witte. He said in the initial environmental impact report application, the number was 40,000; the application was sent to the developer (his client), and the number was used as a liberal figure. He went on to say when it became apparent that the traffic study was based upon this number, they requested an accurate figure from Walgreens based upon similar demographics for an actual traffic count; it was not arbitrarily cut in half to shuffle the numbers for a more favorable traffic report. He said they hold the documentation from Walgreens representing similar demographics. With no further testimony offered, Mayor Benson declared the public hearing closed. Mayor Benson asked Mr. Folkers about the January 14, 1997, memo stating the developer will pay signalization fees, when she sees nothing about a signal. Mr. Folkers replied this is a normal requirement for development; it is placed into the signalization fund for what will probably be the need for interconnect enhancements along Monterey in this case. Councilman Kelly asked Mr. Folkers about the TUMF fee handbook which outlines traffic counts for various commercial buildings and what it would be for this development. Mr. Folkers stated he could research and come back with an answer, but he did not know offhand. Mayor Pro-Tempore Spiegel stated he would like to address Mr. Witte's concerns. He said it is true there is a Palma Village Plan, and it is the responsibility of the City to work with the residents along the alley there because eventually some of the older commercial on Highway 111 will be improved and additional parking will be required on the other side of the alley. Therefore 38 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * he said, if Mr. Witte feels he was not treated justly, he should revisit the issue with staff because they will work with him. He went on, as far as Walgreens is concerned, they would be a real asset as they exist today; they will outshine the others in their classification. He said as far as land usage, he believes it is the proper usage. He said today, a drug store is also a convenience store, and there is no convenience store for the Palma Village residents; this would be within walking distance for all kinds of necessity items. He said that while he was not totally pleased with the look of the store, some of it will be returning to Architectural Review Commission, and if they review the final design, he would be in favor of it. He said it was considered by the Economic Development Committee, and they approved the project 100%. He believes with some minor alterations to lighting conditions and other minor issues, and said he was in favor of the project. Councilman Crites concurred with Mayor Pro-Tempore Spiegel's comments about Walgreens as a quality establishment for our City, and he would be happy to have them here. He believes the 24-hour pharmacy in the center of town is probably a good idea; Dr. Lyons has once again brought before the Council a quality project. He believes it is a fine building in the wrong place. He said this was originally in the Palma Village Plan zoned as OP, and it has gone back and forth numerous times based on the idea that we would have a very high end retail and office professional (i.e. low traffic). He said he thinks it is a discretionary decision on the Council's part, and while he would love to have a Walgreens, we do not need commercial on that spot. He said he has not changed his position, and he feels OP is the better fit for this location. He said for the very reasons Mayor Pro-Tempore Spiegel supports the project (i.e. convenience, longer hours than any local grocer), these say this will be a major collector for traffic. He said at a time we are beating ourselves and our neighbors about attracting more and more traffic near residential streets, in addition to having major vacancies in existing commercial centers, development of a new commercial center with significant volumes of traffic (contrary to the traffic analysis) is not good planning and in the long run will not be a good thing for the citizens of Palm Desert. Councilman Ferguson said he agreed with Mr. Witte on one point-- we should follow our plans. He said his 1985 Palma Village Plan at page 8 specifically calls out the northeast corner of Highway 111 and Monterey saying, "Commercial zoning in this area shall be expanded to allow for substantial commercial projects with adequate offstreet parking." He said it currently is zoned C-1; it is not OP. He agreed with Mayor Pro-Tempore Spiegel, that he was not wild about the building, but he is mindful of the tortuous path the applicant has taken to get this far with the enourmous amount of work expended to work with the City to acquire parcels for parking. He added he has a little bit more faith in our conditional use permit process than do some of his colleagues and was willing to give it a try. He said he also has concerns of traffic, aesthetics, people collecting there, but he has faith that if the project turns into something undesirable for the City, we will call the applicant back under the CUP, mitigate those conditions or pull the CUP. He said based upon the representation that there will be a pharmacist there 24 hours and that he feels this valuable to our residents, he would support the project. Councilman Kelly stated when such a plan is taken on, and problems created 30-40 years ago need to be solved, especially when there are so many people involved, it is an extremely difficult process. He said it is ongoing-- constantly balancing everyone's property rights and desire for a good place to raise a family against improvements for our City. He noted much time has already been spent by him and his colleagues, as will the future Council, and there will be many 39 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * arguments about whether it is being followed or not before it is solved. He said much time has been spent on neighborhoods; it seems something with this impact needs to have some distance away from the neighborhood for not only the close proximity of the project to the residents but the streets being involved besides. Mayor Benson stated they worked hard on what they thought would be a good development on this corner. She said acquiring those lots in order to have a project which would complement the Town Center was an effort. However, she did not feel we need to complicate the City any further in the fact that we are still trying to solve Acacia and Adonis, and as soon as that is resolved, we will have San Gorgonio and that whole neighborhood wondering how to get rid of the cut - through traffic. She stated we try to improve things, not make problems; one central store of this caliber on this corner, and certainly Walgreens is a good store, would be the wrong place. She said traffic in this vicinity is bad now with only the bank, it will only deteriorate with the addition of this store's traffic. She said she certainly sympathized with Dr. Lyons for the great effort he has put into this project, but the City has to do what is best for the overall neighborhood; therefore, she is not in favor. Mayor Pro-Tempore Spiegel said we are currently trying to clean up Fred Waring by making it office professional. He said right now, this is an empty lot, and with the price of that lot it will be difficult to get someone interested in building an office professional building on this location when you can acquire land on Fred Waring at a more economical price. Therefore, he said we will be sitting with an empty lot for a long time; whereas, here is the opportunity to approve a very good, convenient drug store on this lot for the citizens of Palm Desert. Mayor Pro-Tempore Spiegel moved to: 1) Waive further reading and pass Ordinance No. 873 to second reading rezoning part of the property from R-1 to C-1; 2) waive further reading and adopt Resolution No. 98-56 approving CUP 97-16, subject to conditions. Motion was seconded by Ferguson and was DEFEATED by a 2-3 vote with Crites, Kelly and Benson voting NO. 40 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVII. ADJOURNMENT Upon a motion by Spiegel, second by Crites, and unanimous vote of the Council, Mayor Benson adjourned the meeting to Closed Session at 9:01 p.m. Mr. Erwin announced the following action from Closed Session: "The Redevelopment Agency Board, in considering the purchase of the Marguleas and Falk properties, directed that the purchase be done by the City of Palm Desert instead of the Redevelopment Agency." With Council concurrence, Mayor Benson adjourned the meeting at 10:25 p.m. ATTEST: MARY P. CITY OF PA A S, DEPUTY CITY CLERK 4 DESERT, CALIFORNIA 01/t- 8,1,"1,6,0,4„/ JE ,I M. BENSON, MAYOR 41