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HomeMy WebLinkAbout1999-06-10MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JUNE 10, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Spiegel convened the meeting at 4:05 p.m. II. PLEDGE OF ALLEGIANCE - Councilman Jim Ferguson III. INVOCATION - Mayor Robert A. Spiegel IV. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro-Tempore Buford A. Crites Councilman Jim Ferguson Mayor Robert A. Spiegel Excused Absence: Councilman Richard S. Kelly Also Present: Ramon A. Diaz, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, Director of Community Affairs/City Clerk John M. Wohlmuth, ACM/Director of Administrative Services Carlos L. Ortega, RDA Executive Director Patrick Conlon, Director of Building and Safety Paul S. Gibson, Director of Finance/City Treasurer Gregg Holtz, Engineering Manager Joseph S. Gaugush, Engineering Manager Steve Smith, Planning Manager Rachelle D. Klassen, Deputy City Clerk V. ORAL COMMUNICATIONS MR. NEIL BIRNBAUM, Executive Director of the Riverside County Philharmonic, expressed appreciation to the City for its commitment to classical music and for the honor of the Philharmonic's being chosen to provide the concert series finale for the past few years. He then made a special presentation of a framed photograph to Councilmember Benson. He said the picture was taken as she guest conducted the Philharmonic in playing the National Anthem during last year's concert when she was Mayor. He went on to say they planned to make a tradition of it and invited Mayor Spiegel to guest conduct during this year's performance, the concert series finale on September 16. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DUNE 10,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of May 27, 1999. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 54, 55, and 55PD Office Complex. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#385) by Ron Segal in the amount of $190.13. This item was removed for separate consideration during Closed Session at this meeting. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Michael 7. Castelli, for Castelli's Andreinos, 73-098 Highway 111, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Mamacita's, 74-991 Velie Way, Suite 4, Palm Desert. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Sunrise Corporation, for Indian Ridge Country Club, 76-375 Country Club Drive, Palm Desert. Rec: Receive and file. G. PORTFOLIO MASTER SUMMARY for the Period Ending April 30, 1999. Rec: Receive and file. H. MINUTES of the City Committee/Commission Meetings. 1. Housing Commission Minutes of April 14, 1999. 2. Finance and Investment Committee Minutes of April 28, 1999. Rec: Receive and file. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 10, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. REQUEST FOR APPROVAL of Revisions to Sections 7.7 and 8.0 of "Statement of Investment Policy". Rec: By Minute Motion, approve revising Sections 7.7 and 8.0 of the City of Palm Desert "Statement of Investment Policy" so that restrictions on money market mutual funds correspond with those contained in the California Government Code. J. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Installation of a Traffic Signal and Purchase of Controller Assembly, at Fred Waring Drive and the College of the Desert/Library Driveway (Project No. 554-95). This item was removed for separate consideration under Item VII, Consent Items Held Over. Please see that portion of the Minutes for discussion and action. K. REQUEST FOR AUTHORIZATIQN to Advertise and Call for Bids for the Extension of Joni Drive from Velie Way to 42nd Avenue (Project No. 627-99) (Contract No C16050). 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 Widening of the East Side of Monterey Avenue (Project No. 672-98) (Contract No. C16060). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project, from San Gorgonio to Hacienda De Monterey. M. REQUEST FOR EXTENSION of Contract for Civic Center Park Lagoon Water Quality Management (Contract No. C05137). Rec: By Minute Motion, authorize an extension of the lagoon maintenance contract with Southwest Aquatics, Palm Desert, Califomia, in the amount of $12,480 ($1,040 per month). N. REQUEST FOR EXTENSION of Contract for Graffiti Removal with SunLine Services Group (Contract No C08325). Rec: By Minute Motion, renew the graffiti removal agreement with SunLine Services Group for one year, in the amount of $57,548.88 ($4,795.74 per month). 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DUNE 10,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * O. REQUEST FOR EXTENSION of Fleet Vehicle Washing and Detailing Services Agreement (Contract No. C12892). Rec: By Minute Motion, extend the fleet washing and detail services agreement with Five Star Detail Service, Palm Desert, California, for a one year period. P. REQUEST FOR APPROVAL of Hold Harmless Agreement with Owners of Property Adjacent to the Desert Willow Golf Resort (Contract No. C16070) Rec: By Minute Motion, approve the subject hold harmless agreement with Ted and Carol Groulx of 5 Taylor, Palm Desert, California, and authorize the Mayor to execute same. Q. REQ I SLFOR APPROVAL to Provide Live Entertainment During the Fourth of July Celebration at the Palm Desert Civic Center Park (Contract No. C16080) Rec: By Minute Motion, authorize the mayor to an agreement with Bob O'Connor Big Band to provide live entertainment during the Fourth of July celebration at the Palm Desert Civic Center Park, in the amount of $2,100. R. REQUEST FOR WAIVER OF FEES for the California Regional Water Quality Control Board. Rec: By Minute Motion, deny the request by the California Regional Water Quality Board for a waiver of fees for use of facilities at the Palm Desert Civic Center on July 28-29, 1999. Councilmember Benson requested Item C be considered separately during Closed Session at this meeting. Mayor Spiegel requested Item J be held over. Upon a motion by Mayor Pro-Tempore Crites, second by Councilman Ferguson, and 4-0 vote of the City Council with Councilman Kelly ABSENT, the remainder of the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER C. CLAIM AGAINST THE CITY (#385) by Ron Segal in the Amount of $190.13. This item was added to Closed Session consideration at this meeting pursuant to Government Code Section 54956.9(b), potential litigation. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 10,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * J. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Installation of a Traffic Signal and Purchase of Controller Assembly, at Fred Waring Drive and the College of the Desert/Library Driveway (Project No. 554-95). Mayor Spiegel questioned whether College of the Desert was going to be a partner in this $175,000 project, as he felt the signal would be much more beneficial to the College than to the City Library and that the College would want the opportunity to participate. Mr. Mark Greenwood, Transportation Engineer, recalled Council's original direction for the project stated the signal would be for public benefit, the public library, as library patrons experienced much more difficulty with the intersection than college students. Therefore, he said the College had not entered into an agreement. In response to Mayor Pro-Tempore Crites, Mr. Greenwood answered that the College was asked for participation in 1995 when the signal was first proposed, and it declined. Councilmember Benson felt the intersection was very dangerous and she favored signal placement. She supported soliciting the College for participation; however, if the College was not in a position to do so, she felt the City should assume the project without further delay. Mayor Pro-Tempore Crites moved to continue the matter, directing staff to contact the appropriate official(s) at College of the Desert to enlist their participation in the project; if response is not received in an appropriate amount of time, project will return to the City Council for approval. Motion was seconded by Mayor Spiegel and carried by a 4-0 vote with Councilman Kelly ABSENT. VIII. RESOLUTIONS None IX. ORDINANCES For Introduction• None 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DUNE 10,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * For Adoption: A. ORDINANCE NO. 915 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 8.40 OF THE PALM DESERT MUNICIPAL CODE RELATING TO RECREATIONAL VEHICLES ON PRIVATE PROPERTY. Councilman Ferguson moved to waive further reading and adopt Ordinance No. 21.. Motion was seconded by Mayor Pro-Tempore Crites and carried by a 4-0 vote with Councilman Kelly ABSENT. B. ORDINANCE NO. 916 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REGULATING LASER POINTERS AND ADDING CHAPTER 9.69 OF THE CODE OF THE CITY OF PALM DESERT. Councilman Ferguson moved to waive further reading and adopt Ordinance No. 916. Motion was seconded by Mayor Pro-Tempore Crites and carried by a 4-0 vote with Councilman Kelly ABSENT. X. NEW BUSINESS A. REQUEST FOR APPROVAL OF THE PALM DESERT COUNTRY CLUB NEIGHBORHOOD PARK SITE PLAN AND ESTIMATE; APPROVAL OF AN AGREEMENT WITH RAY LOPEZ ASSOCIATES FOR PHASE 2 OF THE PARK; AND AUTHORIZATION TO ADVERTISE AND SOLICIT BIDS FOR THE CONSTRUCTION OF THE PALM DESERT COUNTRY CLUB NEIGHBORHOOD PARK. Mayor Spiegel noted the subject park had been approved by the City's Parks and Recreation Commission. Mr. Jeff Winklepleck, Parks and Recreation Planning Manager, added the Planning Commission had also endorsed the project. He noted he was remiss in not including a fourth action for the Council to approve, which was authorization for the Mayor to enter into an agreement with Palm City Association for a 30-year lease of the park site at $1.00 per year with a ten-year extension. He added the lease agreement was included in the staff report within the agenda packets. In response to Councilmember Benson's inquiry about inclusion of playground equipment, Mr. Winklepleck explained it was a 2.5-acre site with basketball and volleyball courts, playground equipment, restroom facilities, dog park area, open green space, and a water feature. Additionally, he said there would be 41 standard parking spaces and 7 golf cart parking spaces. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DUNE 10,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Spiegel further noted the area was adjacent to an existing rose garden. Mr. Winklepleck reported it would be part of the park, and the agreement with the Association specified the rose garden would remain a quiet, contemplative area, and provision had been made for any required safety upgrades. Mr. Winklepleck said the recommendation also included proceeding with the project's phase two, construction documents, and once complete, the ability to solicit bids for same. He stated in addition to the two previously mentioned commissions, the project had also been approved by both the Citizens' Advisory Committee for Project Area No. 4 and the Palm Desert Country Club Homeowners' Association. Upon question by Councilman Ferguson about the bidding procedure, Mr. Winklepleck responded that since it was a small park, proposals were requested from three local landscape architects (Ray Lopez Associates, Ron Gregory and Associates, and Wayne Conner and Associates). He said Ray Lopez was the one who responded. Councilmember Benson moved to, by Minute Motion: 1) Approve the Palm Desert Country Club Neighborhood Park Site plan and estimate; 2) approve an agreement with Ray Lopez Associates, Palm Desert, California, for Phase 2 of the Palm Desert Country Club Neighborhood Park (construction documents and administration), in an amount not to exceed $64,000 (Contract No. C16090), appropriate funds for subject contract, funds are available in Parks and Recreation Funds 430; 3) direct staff to advertise and solicit bids for construction of the Palm Desert Country Club Neighborhood Park (Contract No. C16100); and 4) authorize the Mayor to enter into a lease agreement with Palm City Association for the site. Motion was seconded by Mayor Pro-Tempore Crites and carried by a 4-0 vote with Councilman Kelly ABSENT. B. CONSIDERATION OF ASSESSMENT DISTRICT NO. 84-1R LIENS ON REDEVELOPMENT AGENCY AND CITY PROPERTY (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Gibson reported the matter at hand consisted of a request to revise assessments on the subject parcels, as a new map was recorded to reflect the hotel pads, the golf course, etc. He said that process identified need for revision of the liens on all of the aforementioned parcels. He went on to say the City and Redevelopment Agency agreed on the calculation method, and staff recommended liens be paid off on the City parcels and the Redevelopment Agency's be paid off over the life of the applicable bonds. Councilman/Member Ferguson asked why the Redevelopment Agency wasn't paying off the assessments when the City would realize interest cost savings of $133,965 by doing so. Mr. Ortega answered that the Agency would be required to pay the amount from cash, and cash preservation was determined to be more prudent since the amount couldn't be paid from bond proceeds. In further response, he said the bonds had a pretty good rate, equal to or somewhat greater than the savings. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 10,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon question by Mayor Pro-Tempore/Vice Chairman Crites, Mr. Gibson responded the Investment and Finance Committee had not reviewed the matter. He further answered that the matter didn't have to be approved at this meeting but needed to be by June 30; the Committee could review it at its scheduled meeting next week, prior to the June 24 City Council/Redevelopment Agency meetings. Mr. Diaz added that from the City's standpoint, the parcels represented City acreage; whereas, the Agency parcels were intended for development. Mr. Ortega explained the assessments could be paid off through the negotiation process or at the time of sale. Councilman/Member Ferguson moved to, by Minute Motion, subject to review and approval of the City's Investment and Finance Committee at its meeting of June 16, 1999: 1) Authorize the payoff of assessment liens for the City parcels and appropriate $465,540 from the unobligated Golf Course Capital Improvement Fund; 2) authorize yearly payment of the Redevelopment Agency assessment liens from Project Area #2; and 3) approve filing the revised Assessment District 84-1R liens on the parcels that the City and Agency own in Desert Willow. Motion was seconded by Mayor Pro-Tempore/Vice Chairman Crites and carried by a 4-0 vote with Councilman/Member Kelly ABSENT. C. CONSIDERATION OF REQUEST FOR SUPPORT OF MARIAN HENDERSON'S DESERT BEAUTIFUL CLEANUP DAYS. Mayor Pro-Tempore Crites moved to, by Minute Motion, support the change of name from "Desert Beautiful Cleanup Day" to "Marian Henderson's Desert Beautiful Cleanup Day" and direct staff to prepare a proclamation declaring Saturday, October 9, 1999, as same. Motion was seconded by Councilmember Benson and carried by 4-0 vote with Councilman Kelly ABSENT. XI. CONTINUED BUSINESS A. MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MAY 13, 1999 (Continued from the meeting of May 27, 1999). Councilmember Benson moved to, by Minute Motion, approve as presented. Motion was seconded by Mayor Pro-Tempore Crites and carried by a 4-0 vote with Councilman Kelly ABSENT. B. CONTINUED CONSIDERATION OF AN APPEAL TO A DECISION OF THE ARCHITECTURAL REVIEW COMMISSION RELATIVE TO THE SIGN PROGRAM AT 74-215 AND 74-235 HIGHWAY 111, THE SOUTHEAST CORNER OF EL PASEO AND HIGHWAY 111 Case No. C98-2 (Ocean Properties Development, Applicant) (Continued from the meeting of May 27, 1999). MR. SAM RASMUSSEN of Ocean Properties Development, 1919 Grand Avenue, Suite 2A, San Diego, CA, owner of the property, said he appreciated the opportunity to return today with his sign presentation. He called attention to the rear of the Chamber 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NNE 10, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * where two sample signs were displayed, one with 12-inch and the other with 18-inch lettering. He asked Council to be mindful that the distance from their seats to the display was approximately 60 feet; the signage would typically be viewed at two or three times that distance. Further, he noted all the signage on the building was dark metal with rear illumination, making a muted presence. He said his project team, including the architect and sign designer, still felt that 18-inch lettering was a better presentation in its channel - letter, reverse neon design; 12-inch lettering would be very blocky. Mr. Rasmussen said the 18-inch would allow for more customization. In response to Mayor Pro-Tempore Crites' inquiry about customizing the 12-inch presentation, Mr. Rasmussen responded there was not sufficient space for neon in the shorter letters, they had to be made wider to accommodate the lighting feature within; the taller, more slender letters were better suited. He went on to note the pictures included in the staff report of various signage examples throughout Palm Desert. Upon question by Councilmember Benson, Mr. Smith responded 14-, and 16-inch lettering had been utilized on projects previously. She felt two additional inches would provide opportunity for special flourishes on the letters and asked Mr. Rasmussen if that was acceptable. MR. RASMUSSEN answered that for a commercial sign in Palm Desert's trade area, the norm was 18 to 24 inches; very few of them were 12 inches, and if they were, they had other bold attributes to make them stand out. He feared smaller signage on the project would appear scrimpy in comparison to the six-foot parapet wall and would be unreadable from 100 feet away. He felt staff had the same opinion, citing the Lucky Center with 12-inch Bank of America signage that was difficult to read from a reasonable distance. Councilmember Benson noted the Bank of America signage was an addendum to the project and not the initial for that building. Mayor Spiegel asked how large the Lucky sign was at Deep Canyon. Mr. Smith replied that the "L" was five feet, and in further response, said capital letters in the PaineWebber sign were 24 inches, as were the 1st Bank letters; he estimated the Saks Fifth Avenue letters on the lower level were 10 inches, and the upper level were 12 or 14. MR. RASMUSSEN responded to Councilmember Benson, stating 14 inches was better than 12. Mayor Spiegel said he preferred larger letters rather than the smaller, block letters, and he was comfortable with 18 inches. He then suggested a compromise of 15 inches to his colleagues. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DUNE 10, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Spiegel moved to, by Minute Motion, approve 15-inch sign letter height on the parapet walls of the project to be known as One El Paseo. Motion was seconded by Mayor Pro-Tempore Crites and carried by a 3-0-1 vote with Councilman Ferguson ABSTAINING and Councilman Kelly ABSENT. XII. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR THE 1999 DRYWELL/INLET PROGRAM (Contract No C15760) (Project No. 500-99). Mayor Spiegel noted the large variance between bidders one and two on the project. Mr. Holtz explained that the low bidder, Dateland Construction Company, produced its own drywells (precast concrete sections that were placed into the ground), which he felt gave them some advantage on this bid. Councilman Ferguson moved to, by Minute Motion, award the subject contract to Dateland Construction Company, Inc., Coachella, California, in the amount of $270,600, plus a ten percent contingency in the amount of $27,060 for a total of $297,660, and authorize the Mayor to execute same. Motion was seconded by Mayor Pro-Tempore Crites and carried by 4-0 vote with Councilman Kelly ABSENT. B. REQUEST FOR AWARD OF CONTRACT FOR THE 1999 CURB, GUTTER, AND CROSS GUTTER PROGRAM (Contract No. C15780) (Project No. 753-99). Mayor Pro-Tempore Crites moved to, by Minute Motion, award the subject contract to Contreras Construction Company, Indio, California, in the amount of $292,766.40, plus a ten percent contingency in the amount of $29,276.64 for a total of $322,043.04, and authorize the Mayor to execute same. Motion was seconded by Councilman Ferguson and carried by 4-0 vote with Councilman Kelly ABSENT. C. PRESENTATION OF REPORT FROM CALIFORNIA STATE UNIVERSITY - SAN BERNARDINO BEHAVIORAL HEALTH INSTITUTE "UNIVERSITY/CITY PACT FOR HEALTHY KIDS". MS. GWENN NORTON-PERRY, Public Policy Project Coordinator, California State University San Bernardino Behavioral Health Institute (CSUSB-BHI), addressed the Council, stating that almost two years ago, Palm Desert became one of 22 cities throughout Riverside and San Bernardino Counties supporting the University/City Tobacco PACT. She went on to note that the activities her agency performed were funded by Proposition 99 monies at no cost to the City, providing information on constituent opinion and any technical assistance the City desired with regard to tobacco policy issues. She stated an initial policy analysis of Palm Desert was provided, some community assessment surveys were just completed, and they'd worked with a coordinator at Palm Desert High School to conduct some teen focus groups. Further, she said they were currently in the 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 10,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * process of obtaining youth tobacco purchase surveys within the City of Palm Desert. She said the final two components of the program would be to assist with merchant education and finally, community education tools to disseminate to any of the City's interested community groups. MS. NORTON-PERRY went on to say many changes had taken place with regard to tobacco issues over the past year; most recently during the month of April, when ramifications of the tobacco master settlement agreement occurred nationwide-- prohibition of billboards, transit advertising, and cartoon characters' placement on signage, as well as tobacco sponsorship of youth events. She then referred to the summary and analysis of the surveys performed within the City, and she provided some of the highlights. One statistic she felt particularly revealing was that 70% of the residents surveyed said they would support an ordinance in Palm Desert banning stores from marketing cigarettes where children could pick them up. She said her agency recently dealt with the City of Redlands, which enacted something of that nature, finding not only did it reduce the accessibility of tobacco to minors, but it was strongly supported by their police department to deter shoplifting. She offered to assist the City with policy input, if it was interested in drafting such a regulation. Lastly, she said residents who were asked had a favorable opinion of the City's progress in educating the community about tobacco and were very willing to support enhanced policies to restrict access by children. She said with the tobacco settlements and things which were happening, perhaps the time was right for such action. In the coming months, she said they would perform the youth purchase survey, where graduate students were sent in with minors to attempt tobacco product purchases; noting the merchants were not penalized nor revealed, it was strictly for statistical purposes. She said that information would be provided in early fall, and as other information was obtained by CSUSB-BHI, they would be happy to provide their assistance. In response to Mayor Spiegel's question, Ms. Norton -Perry felt one of the easiest policies to enact in cities currently was one restricting children's access to cigarettes, noting that there were other such policies within the State of California, in addition to a couple of counties in northern California which were attempting to license tobacco retailers. Further, she reiterated that when Palm Desert residents were asked, they were positive about such a regulation. Mayor Spiegel asked Ms. Norton -Perry if she would provide the names of those cities which had enacted ordinances, their rate of success, and what ramifications, if any, had been experienced. She agreed to submit to the Council and Mr. Diaz a follow-up notation with the requested information. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DUNE 10,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. REQUEST FOR AWARD OF BID FOR THE LANDSCAPE IMPROVEMENTS EAST OF OASIS CLUB DRIVE AND NORTH OF HOVLEY LANE (Resorter Landscaping) (Contract No C15770). Mayor Spiegel again called attention to the tremendous discrepancy between high and low bidders, noting the low happened to be a local, Palm Desert firm. Mayor Spiegel moved to, by Minute Motion, award the subject contract to Pink, Inc., Palm Desert, California, in the amount of $145,638.58, and provide for a contingency in the amount of $14,570, and appropriate said funds from Account No. 400-4388-433-4001. Motion was seconded by Mayor Pro-Tempore Crites and carried by a 4-0 vote with Councilman Kelly ABSENT. XIII. REPORTS AND REMARKS A. INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies Mayor Spiegel noted the report provided in the agenda packets by Business Support Manager Ruth Ann Moore, highlighting the rising occupancy rate at The Gardens on El Paseo. Further, he was pleased to report the former Circuit City store had been leased; however, it was by The Alley from the Town Center. 2. Progress Report on Desert Willow Clubhouse Facility Mr. David Yrigoyen, RDA Manager, reported the Clubhouse was still on schedule and that the walls were beginning to go up. He reminded Council that staff was still pricing out a couple of items-- the sewer coming from Montecito all the way to the Clubhouse, as well as the water feature for the arroyo going into the 18th green of the Mountain View Course. Further, he said two items yet to be addressed by the Desert Willow Committee at its meeting were: 1) Increased decorative concrete paving; and 2) terra cotta pots to be brought in with the landscape architect's design. He said there was also protection of the north end slope to be considered, and it was felt a solution had been found for that issue. In response to Mayor Pro-Tempore Crites' inquiry whether the project was on target with Art In Public Places and Dale Chihuly, Mrs. Gilligan replied affirmatively. Mayor Pro-Tempore Crites further asked whether Mr. Acosta had gone to Joshua Tree to review concrete stained with iron sulfate. Mr. Yrigoyen answered Mr. Acosta had done so, finding out staining was incorporated when the concrete was poured, which he reported to the Desert Willow Committee on the issue. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 10,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Yrigoyen went on to say there was a small piece of concrete identified behind the maintenance shed to test staining on existing concrete. Councilman Ferguson added that three or four approaches were suggested to the Committee, and staff was directed to find some spare concrete, apply the stain, and let Committee members examine it to determine how to proceed. Mr. Yrigoyen went on to say the project would also identify concrete yet to be poured where stain could be incorporated. Mayor Pro-Tempore Crites raised another issue with regard to Desert Willow, stating that after visiting with people, including Dick Kelly, he asked whether the Committee would consider having Eric Johnson design a public garden with plant labels, etc., to be incorporated with the roundabout design. He further suggested the garden be named in Eric's honor. Mayor Spiegel commented that Eric Johnson was working with Golf Dimensions and wondered whether that was a problem. Councilman Ferguson stated he met with the president of Golf Dimensions, and Eric was not working for Golf Dimensions but was being allowed office space in their building free of charge. He didn't feel there was any principal/agent or employer/employee relationship and didn't feel it affected the garden idea; he liked the idea and felt the Committee should come back with its recommendation for placement, such as the roundabout. Mayor Pro-Tempore Crites said Eric might even be willing to do the garden just for the sake of doing it, as he felt Desert Willow was one of Mr. Johnson's signature achievements in a 60-year landscaping career and the appropriate place of honor. B. CITY MANAGER 1. Request to Renew Health Benefit Contracts. Mr. Diaz stated the City's benefit contracts needed Council's immediate attention, and he asked that they be added to this agenda by four fifth's vote. Mayor Spiegel moved to add consideration of the health benefit contracts to this agenda. Motion was seconded by Councilman Ferguson and carried by a 4-0 vote with Councilman Kelly ABSENT. Mr. Wohlmuth reported that the Palm Desert Employees' Organization (PDEO) voted in favor of going to a cafeteria program, similar to the program approved by the Council and Management Exempt A & B, with a September 1 implementation date. Therefore, he said this item dealt with the cafeteria and the existing contract, which needed to remain in place for two more months for the PDEO group. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 10,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * In response to Mayor Spiegel, Ms. Gloria Darling, Human Resources Manager, replied the City could go month to month with both Principal and Kaiser; waiting for the answer delayed placement of this matter on the agenda. In further response, she answered the matter involved a month to month contract with Principal, renewal of the Kaiser Permanente contract, and entering into a contract with HCM Benefits for Delta Dental and Canada Life. She said general employees were currently covered under Principal Life and would be until September 1. Councilman Ferguson moved to, by Minute Motion, authorize the Mayor to approve the contract renewal with Kaiser Permanente to provide health insurance for general employees on a month to month basis (Contract No. C13071). Motion was seconded by Mayor Pro-Tempore Crites and carried by a 4-0 vote with Councilman Kelly ABSENT. Mayor Pro-Tempore Crites moved to, by Minute Motion, authorize the Mayor to approve a contract renewal with Principal Financial Group to provide health insurance for general employees on a month to month basis. Motion was seconded by Councilman Ferguson and carried by a 4-0 vote with Councilman Kelly ABSENT. Mayor Spiegel moved to, by Minute Motion, authorize the Mayor to enter into Contract No. C16130 with HCM Municipality Pool for Delta Dental, and Contract No. C16140 for life and AD&D insurance with TransAmerica-Canada Life. Motion was seconded by Councilman Ferguson and carried by a 4-0 vote with Councilman Kelly ABSENT. Mayor Pro-Tempore Crites moved to, by Minute Motion, authorize the Mayor to approve a 24-month renewal of Vision Service Plan with HCM Municipality Pool with no increase in rates (Contract No. C13121). Motion was seconded by Mayor Spiegel and carried by a 4-0 vote with Councilman Kelly ABSENT. C. CITY ATTORNEY Mr. Erwin requested a Closed Session at an appropriate time for the items agendized, as well as consideration of an additional item to be added by four fifth's vote for clarification with regard to acreage: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Southeast corner of Portola Avenue and Silver Sands Parkway, Palm Desert, California Negotiating Parties: Agency: Phil Drell/City of Palm Desert Property Owner: Mike Lutz/U.S. Home Under Negotiation: ,g Price Terms of Payment 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 10,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Pro-Tempore Crites moved to add the aforementioned property negotiation to the Closed Session agenda. Motion was seconded by Councilmember Benson and carried by 4-0 vote with Councilman Kelly ABSENT. 1) Request for Closed Session Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) City of Orange et al., v. Alabama Treasury Advisory Program, et al., Los Angeles Superior Court Case No. BC106461. Significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases _2_ 2) Report and Action on Items from Closed Session Made at This Meeting. None D. CITY CLERK 1. RUMMER of Study Session June 24, 1999 at 12:00 p.m. Mrs. Gilligan reminded Council of the Study Session they had scheduled for Thursday, June 24, 1999, beginning at 12:00 p.m., instead of 3:00 p.m. as previously mentioned. E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: Please see the following Committee Report for the requested action noted therein. o City Council Committee Reports. 1. CVAG Energy & Environment Committee (Mayor Pro-Tempore Buford A. Crites) Mayor Pro-Tempore Crites stated the E & E Committee met today, and one item discussed was the alternative program to scalping. He said the 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 10, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ri.,sic.... had been used by Indian Wells for four years, allowing them to realize significant savings each year, and based on research, placing into the air less than one -tenth of the particulate matter generated by traditional scalping. Further, he said they were able to keep their golf course open for two more weeks each year, and he wondered why Palm Desert was not yet implementing such a program at Desert Willow. Councilman Ferguson commented that Desert Willow staff had evaluated the options and chemicals to be used, and the superintendent's report to both the Desert Willow and Golf Course Committees cited reasons why the program was not suitable at that time. He suggested Mayor Pro-Tempore Crites speak with the superintendent for more information. Mayor Pro-Tempore Crites noted the program had been endorsed by CVWD, CVAG, and Indian Wells, and felt it would save money, time, and keep particulate matter out of the atmosphere. Mayor Spiegel asked that the matter be agendized for a future Golf Course Committee meeting and for Mayor Pro-Tempore Crites to attend. Mayor Pro-Tempore Crites said secondly, E & E discussed a program utilizing composting for the top two to four inches of soil in the preparation of new golf courses, home sites, etc. He said where this program had been used, the data indicated decreased water usage by approximately one-third-- organic matter in the top soil reduced the amount of evaporation and drainage loss. He asked staff to evaluate the merits of such a program for Palm Desert. Upon a motion by Mayor Pro-Tempore Crites, second by Member Ferguson, and 4-0 vote of the City Council with Councilman Kelly ABSENT, Mayor Spiegel adjourned the meeting to Closed Session at 4:59 p.m. He reconvened the meeting at 7:01 p.m. XIV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 10,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING TO THE CITY OF PALM DESERT, CALIFORNIA, FOR THE FISCAL YEAR ENDED JUNE 30, 1998, BY THE GOVERNMENT FINANCE OFFICERS ASSOCIATION OF THE UNITED STATES AND CANADA. On behalf of the City Council, Mayor Spiegel presented the framed Certificate of Achievement to Director of Finance/City Treasurer Paul Gibson. He noted it was a significant accomplishment for the City's Finance Department and congratulated Mr. Gibson for a job well done. B. PRESENTATION TO DANIEL JONATHAN IN RECOGNITION OF HIS ACCEPTANCE TO ATTEND THE NATIONAL STUDENT LEADERSHIP CONFERENCE IN WASHINGTON, D.C., IN JULY 1999. Mayor Spiegel invited Daniel and his parents, Wendy and Sabby Jonathan, to the podium for the presentation. He commented that Sabby Jonathan was a longtime friend and was presently Chairman of the City's Planning Commission. On behalf of the City Council, the Mayor then presented Daniel with the City's proclamation recognizing him for his accomplishments leading to prestigious acceptance in the National Student Leadership Conference. C. PRESENTATION TO JIM LOPEZ IN RECOGNITION OF HIS SERVICE TO THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Spiegel made special presentation of an engraved crystal clock to Mr. Lopez in appreciation for his time as a member of the City's Promotion Committee. Mayor Spiegel stated Mr. Lopez had since been appointed a Planning Commissioner and was now serving in that capacity for the City. D. PRESENTATION TO PARTICIPANTS IN THE 1998/1999 STUDENT WORK PROGRAM. On behalf of the City Council, Mayor Spiegel and Ms. Gloria Darling, Human Resources Manager, made special presentation to 1998/99 participants in the Student Work Program. Special framed Certificates of Participation were presented to Catherine Martinez, who worked for the Redevelopment Agency, and Rudy P. Acosta 111, who worked in the City's Business Support Center. Laura Esqueda, who worked for Administrative Services, was also recognized; however, she was unable to attend the presentation. Mayor Spiegel expressed the City's great pride in its student workers. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NNE 10,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVI. PUBLIC HEARINGS A. CONSIDERATION OF TENTATIVE TRACT 28590 ACCESS/CIRCULATION AND APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND A TENTATIVE TRACT MAP TO SUBDIVIDE 17.5 ACRES INTO 64 SINGLE- FAMILY LOTS LOCATED AT THE NORTHWEST CORNER OF FRED WARING DRIVE AND PHYLLIS JACKSON LANE (Case No. IT 28590) (Southland Communities Inc., Applicant) (Continued from the meeting of May 13, 1999). Mr. Gaugush noted the subject project was continued to this meeting in order for staff to perform an objective analysis of circulation and traffic impacts in the neighborhood, particularly in the vicinity of Moss Rose Drive, as well as Phyllis Jackson and Fred Waring. He said that in analyizing Moss Rose Drive as the primary project entry, it resulted in an increased number of vehicles there, to approximately 1,300 vehicles per day at build out. He said the second alternative involved Phyllis Jackson, as detailed in Exhibit "C' of the staff report, with an increase from 2,000 vehicles per day to just over 2,600 vehicles per day. He went on to say the third alternative involved access to Fred Waring Drive, increasing it from approximately 27,000 to 28,000 vehicles per day. Mr. Gaugush said in evaluating the neighborhood circulation patterns, including the subject subdivision approval, those already approved and under development, the circulation with Moss Rose Drive represented a residential collector street. He commented that the residential collector served to provide access to residential areas from arterial roadways. He stated that in evaluating the Fred Waring Drive primary access, one critical issue was the potential for vehicle conflicts at Hidden Palms Drive and proposed entry onto Fred Waring. He said in looking at the ability to provide left turn ingress to the project, as well as right turn ingress and egress out of the project, it was determined that a controlling median island would need to be installed on Fred Waring Drive, restricting existing movements out of the Hidden Palms project on the south side. Further, he said the median would also potentially impact vehicle entries into Phyllis Jackson and the High School, due to left turn back-up entering Phyllis Jackson from Fred Waring. In an objective analysis based on numbers, he said the logical entry point to the subdivision would be Moss Rose Drive. He noted that the staff report recommendation referenced secondary access on Phyllis Jackson, which he said was not intended as an endorsement or recommendation per se, but an alternative or additional element for consideration given a potential Moss Rose Drive primary access. Upon question by Councilman Ferguson regarding the recommendation for emergency access, Mr. Gaugush replied staff intended that Phyllis Jackson would provide full access, secondary. In further response regarding potential high school through traffic, Mr. Gaugush said the subject development was a private community with gated access at both points, no through traffic would be allowed. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 10,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Pro-Tempore Crites recalled that initially, when the area north of Fred Waring, between Phyllis Jackson and Deep Canyon, was being planned, Moss Rose Drive was intended as the residential collector street for projects north and south of it. Therefore, he said if Council chose to go with Moss Rose, it was proceeding with the previously designated action. Mr. Gaugush concurred with both statements. Councilman Ferguson asked for clarification with regard to the difference in a local, a collector, a secondary, and an arterial street, and for an explanation of the related planning aspects. Mr. Gaugush replied that from the top down, the arterial and major roadways were intended as major transportation corridors— moving traffic from one end to the other, providing for an orderly, progressive movement of same. He said the lesser designations, from secondary to local and residential (which provided access to home sites), generated less traffic; therefore, they had a lesser carrying capacity. He further explained those streets provided access from home to a road system offering access to and from a destination; the level of roadway increased from the neighborhood to the main thoroughfare (arterial). He added that Section 26.40.060 of the Palm Desert Municipal Code discouraged local points of access to arterials to minimize interruptions to the orderly and progressive movement of traffic through the area-- the more breaks in the arterial, the more potential impact to the traffic flow. Mayor Pro-Tempore Crites asked if Lavender had the same designation as Moss Rose. Mr. Gaugush responded the Lavender -Amaryllis -Moss Rose loop served as the local collector, as did Paseo Montecillo. Mayor Spiegel declared the public hearing open and invited testimony FAVORING or OPPOSING the subject tentative tract. MR. KEVIN RICHER, Civil Engineer for the developer, addressed some of the comments made with the latest recommendation. He said the Moss Rose primary access/Phyllis Jackson secondary access was undesirable, as it would increase cost of the development by adding a second entrance, a second gate, and might also impact the tract's lot yield. He went on to say currently, the emergency access was a 20-foot wide access blocked by a rolled curb, or something a fire truck could cross but generally not a passenger vehicle. He said they were probably looking at the Fred Waring Drive access-- right turn in/right turn out, left turn in; he said they didn't quite see the need for a physical median. Currently, he noted there was a double -stripe, broken median with Hidden Palms directly across the street using left turn in/left turn out, no restrictions. He felt their center lines were offset by 20 feet but believed they could be lined up directly, and thought since the intersection at Hidden Palms was already there, no additional intersection was being created. In response to Mayor Pro-Tempore Crites' question about the developer's desired alternative being Fred Waring, Mr. Richer said they definitely preferred Fred Waring over 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 10,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Phyllis Jackson; they wanted one entrance only, Phyllis Jackson was the least desirable, and he felt the developer preferred Moss Rose as the most desirable. Upon Mayor Pro- Tempore Crites' further question whether the developer was willing to accept Fred Waring without any other ability but right turn in/right turn out, Mr. Richer said he would defer to the developer. He commented when they presented that option previously, they were under the impression that there was u-turn possibility at Cook; however, it's since been pointed out that was impossible. He didn't feel they needed a left turn out, but noted that for the left turn in, there were no restrictions across the street at Hidden Palms, and he didn't see the need for a constructed, raised median turn pocket. MS. MARY ANNE PARADISE of Southland Communities said that when her organization submitted the tract map originally, the access in was Moss Rose. She said that in an attempt to be good neighbors and to create goodwill in the community, they tried to be flexible about access to the project. She went on to say 30 days ago, they agreed to wait and pick one of the three choices given previously; Phyllis Jackson was the least desirable, and Moss Rose was their first choice with an emergency access on either Phyllis Jackson or Fred Waring. She said they were willing to take the Fred Waring choice if they could get a left turn in and a right turn out; a u-turn could be made at Deep Canyon but couldn't at Cook or Phyllis Jackson. Councilman Ferguson noted that from an engineering standpoint, staff believed Moss Rose made the most sense, purely from a traffic count and traffic flow, objective standpoint. He said that was recommended with secondary access on Phyllis Jackson. MS. PARADISE said that would cause her organization a hardship, with the cost of the second gate and decreased lot width, resulting in smaller homes for those lots, if not the loss of a lot. She responded to Mayor Pro-Tempore Crites by stating the development consisted of 64 lots, and there were 13 lots on Phyllis Jackson. Mayor Pro-Tempore Crites stated the existing emergency access was a 20-foot easement, and staff recommended a 40-foot easement; therefore, he estimated only 1'h feet out of each lot. MR. RICHER cited that with the 40-foot gate and allowance for circulation and turn- around, it amounted to nearly the same design as at their other entrances, closer to 60 feet. He further responded to Mayor Pro-Tempore Crites by stating they were fixed on the location of that access; therefore, the increased amount of space required would be spread over only about eight lots in order to match it up with the second cul de sac from the south. He then answered that the largest two houses in the tract required a 72-foot wide lot, the narrowest house required a 70-foot lot, and all the lots were now at 72 feet in order to allow any home to be plotted on any lot. He said taking two feet out of eight lots to pick up the extra 20 feet meant only the smallest house (approximately 2,200-2,400 square feet) could be built on them. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DUNE 10,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * In answer to Mayor Spiegel, Mr. Gaugush responded that in order to accomplish a safe left turn in from Fred Waring, it would require restricting existing access to Hidden Palms; and the main impact would be the potential effect on traffic entering the High School from Fred Waring in the left turn maneuver. He said currently it was set up for dual lefts from Fred Waring into the High School, and there were frequent significant back-ups in that dual left situation. He said construction of a median to accommodate the restricted movements cut off the ability to stack. Mr. Gaugush answered Councilmember Benson by stating the reference to a secondary access on Phyllis Jackson wasn't a recommendation per se, it was only intended to offer an additional outlet for the Council's consideration; he didn't intend to endorse it as a secondary access to the project. He confirmed that there could be an ingress at Moss Rose and an emergency access at Phyllis Jackson. MR. DAVE WILLIAMS, 74-570 Moss Rose Drive, Palm Desert, felt safety was the most important issue. He said many children played on the street and believed the anticipated number of cars to be served by Moss Rose was staggering. MR. MARIO HERNANDEZ, 74-530 Moss Rose Drive, Palm Desert, expressed his disappointment in the failure to reach agreement with Desert Sands Unified School District over Cook Street access to the High School. He also felt the anticipated number of cars utilizing Moss Rose Drive was too high. In response to Mr. Hernandez, Mr. Gaugush assured him that no pedestrian traffic from outside the development (other than actual residents) would be allowed. In further response, Mr. Gaugush stated if the Colony Cove development was in Palm Desert, it would not have been given full access; restrictions would have been imposed. He said Palm Desert strongly suggested alternative access points for that subdivision; however, the requests were unheeded. Councilman Ferguson commented that the Coachella Valley Association of Governments (CVAG) had a master plan for transportation throughout the Valley, and it called for Fred Waring to be ultimately three lanes in each direction in its entirety; traffic was expected to increase from 28,000 to 40,000 cars per day. Therefore, he said a local street's access in and out of Fred Waring was fundamentally inconsistent and would be in violation of Palm Desert's existing ordinance. Mayor Pro-Tempore Crites added that the City was currently in the process of purchasing properties on Fred Waring, west of the subject development, in order to facilitate the widening. Upon further question by Mr. Hernandez, Councilman Ferguson responded that the Palmira development was required to widen Deep Canyon as a secondary arterial, and a similar process was done on the east -west corridor of Fred Waring, as well. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 10,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. HERNANDEZ stated since it was always known that the existing date grove along Fred Waring and Phyllis Jackson would eventually be developed, he questioned why an access wasn't left open through the Palmira development for its additional phase instead of what residents were faced with now. He preferred waiting with the subject issue in an effort to push the High School into the additional Cook Street access, as he felt that was the best overall solution to accommodate Moss Rose residents, Palmira, and Canyon Crest residents. MS. WILLA INGELSON, 74-560 Moss Rose Drive, Palm Desert, said she had several concerns. She expressed her displeasure at Council's inclination to increase traffic on Moss Rose Drive over 1,200 cars per day when Fred Waring was available, where she felt the increased traffic would be scarcely noticeable. In response to Ms. Ingelson, Mr. Gaugush said the increase to Moss Rose Drive would be about a 600-car increase from what the existing approved developments would generate. Upon Ms. Ingelson's further question with regard to a widened Fred Waring and its impact on the Colony Cove development, Mayor Spiegel responded Palm Desert had no control over Indian Wells or Rancho Mirage. Mayor Pro-Tempore Crites added that Fred Waring would be six lanes, and Colony Cove would experience significant problems that could have been solved previously. However, he said the City of Palm Desert, he in particular, would not approve another signal on Fred Waring such a short distance from Phyllis Jackson. Further, Mayor Pro-Tempore Crites said unprotected left turns across three lanes of traffic into a residential subdivision were unacceptable; and without left turn ability, anyone attempting to return to the development had to take an extremely convoluted route (three signalized lefthand turns at congested intersections) to do so. MS. INGELSON said another concern was the indication that Moss Rose had always been intended as a residential collector street. When she purchased her home, she asked the Planning Department what was intended for Moss Rose and at that time was told that Moss Rose would be a collector for the new Canyon Crest development, there was going to be secondary access off Palmira, but that was all; any future development in the area would access from Phyllis Jackson or, most probably, Fred Waring. She recalled that at the last public hearing Councilman Kelly indicated Council realized that, but from a resident's standpoint, it was never conveyed, which distressed her. MR. MORTON BIEREUX, 73-489 Mariposa Drive, Palm Desert, said he was the developer of Waring Court, which fronted onto Phyllis Jackson. He commented that the present nine homeowners in his development experienced significant difficulty accessing their homes due to congested traffic, especially in the morning and in the afternoon. He planned to develop the remaining seven lots in his project in the near future, adding more traffic. He was concerned for the proposed 64-lot development and the proposed primary and secondary access points, as he felt residents closest to the Phyllis Jackson gate would 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 10,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * use it as their primary access. He felt putting more traffic on Phyllis Jackson was short- sighted and would result in even more future problems; there was no easy answer other than getting the High School to use Cook Street. He suggested delaying a decision until something on the High School was definite. With no further testimony offered, Mayor Spiegel declared the public hearing closed. Mayor Pro-Tempore Crites felt Phyllis Jackson was not a viable alternative, there was too much traffic there already. He also took into account the developer's concern for only providing an emergency gate on Phyllis Jackson. However, he felt the Council could require a 40-foot, gated opening on Phyllis Jackson to provide secondary access at such time as traffic conditions on Phyllis Jackson and/or Moss Rose called for it. In retrospect, he said that approach probably should have been taken on the Vista Paseo development. He cautioned that if the option wasn't preserved, the opportunity would be gone. Councilman Ferguson agreed in part. He said Councilmembers needed to do what was right for the City of Palm Desert overall, and from a traffic engineering standpoint, Palmira had two avenues of ingress/egress, one on Moss Rose and one on Deep Canyon. He felt the subject subdivision should also have two access points-- Phyllis Jackson was just as much a collector street as was Moss Rose, and Phyllis Jackson was signalized; however, it was congested. He felt residents of the subdivision would probably not use Phyllis Jackson, they would utilize Moss Rose. Although, he said if the City was successful in getting Cook Street access for the High School and opening Fred Smith with even traffic circulation (perhaps one-way in, one-way out), making Phyllis Jackson more desirable, he felt residents closest to that access would want to use it. He agreed with Mayor Pro-Tempore Crites that the developer should be required to provide that access up front. He said Moss Rose residents didn't want their street used because of additional traffic, and the developer didn't want the additional expense of a second gate; either way, someone would be unhappy. Therefore, he would rather do what was right for the City. As an aside, he communicated that he and Mayor Pro-Tempore Crites would address Desert Sands Board of Education about Cook Street access and apologized that the matter wasn't rectified sooner, noting the City's efforts financially or with the School Board hadn't been abandoned. If the City was successful, he suspected most of the subdivision would use Phyllis Jackson, and Waring Court residents would be relieved because most students would utilize Cook Street and Fred Smith instead of Phyllis Jackson, noting there were also some mitigation efforts of a sound wall between the High School and those residences to review, as well. From a long-term planning standpoint, he believed staff s recommendation made the most sense and was made without animosity towards the residents nor favoritism towards the developer, just engineers doing their job supported by evidence for their recommendation. He felt neither the cost for one entrance, nor 1,300 cars (even though it sounded high, in comparison to counts from various streets in Palm Desert, it was a safe level), were compelling reasons to go against sound planning principles. He felt staffs recommendation was the right one. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 10,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilmember Benson concurred with Mayor Pro-Tempore Crites on his suggestion for the availability of a Phyllis Jackson access to be utilized at the appropriate time. Mayor Spiegel also agreed. He felt the City should continue to exercise its clout, albeit small, with the School District to effect better traffic connected with the High School (taking the buses off Phyllis Jackson and having driving juniors and seniors entering from Cook), declaring that the City would keep the issue on the front burner. Councilmember Benson noted that perhaps by the time the development was ready for occupancy, resolution of High School traffic issues would be achieved. Councilman Ferguson raised the issue of how the developer would be held to the condition of providing the gated secondary access on Phyllis Jackson. Mayor Pro-Tempore Crites felt the developer would be required to build the access at the time the project was being built, but that it would not be utilized except for emergencies until Phyllis Jackson was rectified, adding that the City would need to provide a northbound left turn pocket to accommodate the entrance. Mayor Pro-Tempore Crites moved to, by Minute Motion direct: 1) That the project entry for TT 28590 be located on Moss Rose Drive with provisions for a secondary access on Phyllis Jackson Lane, such secondary access to be emergency use only until circulation issues relative to Palm Desert High School are satisfactorily resolved; 2) waive further reading and adopt Resolution No 99-41, approving a negative declaration of environmental impact to subdivide 17.5 acres into 64 single-family lots located at the northwest comer of Fred Waring Drive and Phyllis Jackson (APNs 624-023-013 and 624-023-014). Motion was seconded by Councilman Ferguson. In response to Mayor Pro-Tempore Crites, Mr. Gaugush stated the City had sufficient right-of-way to accommodate the motion just made, adding that staff would need to further analyze the geometrics of the entry. He stated the developer's current tentative map exhibit displayed widening of Phyllis Jackson south of the entry point, which he felt would need to be revisited for widening further north of that proposed; he foresaw no major difficulty. Upon question by Councilman Ferguson, Mr. Erwin stated the tentative tract map revisions would be automatic as a result of the action taken at this meeting. Mayor Spiegel answered Mayor Pro-Tempore Crites by stating the High School was nearly at capacity, there was room for only 500 more students. Mayor Pro-Tempore Crites then stated the widening should be designed to accommodate maximum capacity at the High School. Mr. Gaugush confirmed maximum build -out condition had been taken into consideration. The motion carried by 4-0 vote with Councilman Kelly ABSENT. 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NNE 10,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. REQUEST FOR APPRQ AT. OF THE SALE OF MOBILE HOME LOT NOS. 5 (APN 622-351-005-6), 67 (APN 622-351-067-2), AND 114 (APN 622-351-114-1), LOCATED AT 43-155 PORTOLA AVENUE (PORTOLA PALMS MOBILE HOME PARK AT FAIR MARKET VALUE (JOINT PUBLIC HEARING WITH THE PALM DESERT REDEVELOPMENT AGENCY). Ms. Terre LaRocca, Housing Manager, reported the subject item of business effected the sale of three lots, two of which were vacant and one was occupied by a mobile home. She noted offers had been received for their full value. In response to Councilmember Benson, Ms. LaRocca said 11 lots had been sold and 26 remained, one of which was going into escrow, leaving 25. Mayor/Chairman Spiegel declared the public hearing open and invited testimony FAVORING or OPPOSING the subject sale of mobile home lots. With no testimony offered, he declared the public hearing closed. Councilmember/Member Benson moved to: 1) Waive further reading and adopt City Council Resolution No. 99-50, authorizing the Palm Desert Redevelopment Agency to sell mobile home Lot Nos. 5, 67, and 114, located at 43-155 Portola Avenue (Portola Palms Mobile Home Park) at fair market value; and 2) waive further reading and adopt Redevelopment Agency Resolution No. 371, making and finding that the sales price for the lots are not less than their fair market value in accordance with the highest and best use under the Redevelopment Plan for Project Area No. 1, Amended. Motion was seconded by Mayor Pro-Tempore/Vice Chairman Crites and carried by 4-0 vote with Councilman/Member Kelly ABSENT. C. REQUEST FOR VACATION OF STREET RIGHT-OF-WAY/EASEMENT DEDICATION CANYONS AT BIGHORN. Mr. Gaugush reported the subject request involved two separate pieces of right-of-way; the first one involved partial abandonment/vacation of existing Indian Hills Way, located adjacent to the Canyons at Bighorn project and the Indian Hills residential development. He said the portion to be abandoned was that easterly of the current existing access to Indian Hills; property was dedicated as a public street on the original subdivision map some 26 years ago and constructed at that time. He said the road had never provided access to any other developments but had become a significant nuisance (dumping ground), requiring a number of neighborhood cleanup efforts over the years. Mr. Gaugush stated the second item involved an offer of dedication that was also provided a number of years ago from Highway 74 to what is now the westerly terminus of the Ironwood Country Club development. Here again, he said no improvements ever took place, in fact, from the record it was impossible to ascertain whether that offer of dedication was ever accepted by any public agency. Therefore, he said it remained as an open offer of dedication. He went on to say that with the development of the Canyons at Bighorn project, both 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NNE 10,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * roadways became basically unusable, and staff recommended adoption of the appropriate resolutions abandoning them. In response to Mayor Pro-Tempore Crites, Mr. Gaugush answered there was a walled area with emergency gate, without public access, into Carriage Trail at the easterly end of the subject Indian Hills Way abandonment. Further, he responded there was no ability for public access from the east within Ironwood Country Club; however, the west represented the open offer that still existed as a public access strip, but it had no ability to go anywhere beyond that. Mayor Spiegel declared the public hearing open and invited public testimony in FAVOR of or OPPOSED to the proposed vacations of right-of-way and easement. With no public testimony offered, he declared the public hearing closed. Mayor Pro-Tempore Crites moved to: 1) Waive further reading and adopt Resolution No 99-51, vacating a portion of right-of-way known as Lot "A" and Lot "C" of Tract 5057 under the provisions of Part 3, Division 9, of the Streets and Highways Code of the State of California; 2) waive further reading and adopt Resolution No. 99-52, vacating an easement as shown on that certain "Certificate of Dedication" dated March 14, 1962, and recorded March 16, 1962, as Instrument No. 24552; Official Records, Riverside County, Under the Provisions of Part 3, Division 9, of the Streets and Highways Code of the State of California. Motion was seconded by Councilman Ferguson and carried by a 4-0 vote with Councilman Kelly ABSENT. XVII. ADJOURNMENT Upon a motion by Mayor Pro-Tempore Crites, second by Mayor Spiegel, and 4-0 vote of the City Council with Councilman Kelly ABSENT, Mayor Spiegel adjourned the meeting at 8:09 p.m. to Thursday, June 24, 1999, at 12:00 p.m. for the purpose of conducting a Study Session. ATTEST: /SHEILA ' : IGAN, CLERK CITY OF PA M DESE T ALIFORNIA ZdA90‘,. ROBERT A. SPIEGE 26