HomeMy WebLinkAbout1999-05-13MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
I. CALL TO ORDER
Mayor Spiegel convened the meeting at 4:04 p.m.
H. PLEDGE OF ALLEGIANCE - Councilman Jim Ferguson
III. INVOCATION - Councilmember Jean M. Benson
IV. ROLL CALL
Present:
Councilmember Jean M. Benson
Mayor Pro-Tempore Buford A. Crites arrived at 4:25 p.m.
Councilman Jim Ferguson
Councilman Richard S. Kelly
Mayor Robert A. Spiegel
Also Present:
Ramon A. Diaz, City Manager
David J. Erwin, City Attorney
Sheila R. Gilligan, Director of Community Affairs/City Clerk
Carlos L. Ortega, RDA Executive Director
John M. Wohlmuth, ACM/Director of Administrative Services
Richard J. Folkers, ACM/Director of Public Works
Patrick Conlon, Director of Building and Safety
Phil Drell, Director of Community Development
Paul S. Gibson, Director of Finance/City Treasurer
Rachelle D. Klassen, Deputy City Clerk
V. ORAL COMMUNICATIONS
Mayor Spiegel introduced Palm Desert Middle School Student Kate Crumpton and her award -
winning science fair project.
MR. CHRIS NUGENT, Principal, Palm Desert Middle School, said today Ms. Crumpton and
representatives of the school's Fine Arts, Dance, and Drama Program (FADD) wanted to officially
recognize the City in appreciation of its funding and overall support for their school's programs,
as well as to the Desert Sands Unified School District, in many areas. He went on to say that Ms.
Crumpton was awarded a certificate from the U.S. Environmental Protection Agency, signed by
President Clinton, for her efforts to find ways to reduce the salinity and contamination of the Salton
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Sea. Her scientific research was communicated to elected officials for their rededication to efforts
for the Sea's restoration.
MS. KATE CRUMPTON, Palm Desert Middle School Eighth Grader, addressed the Council about
her project, which she embarked upon after reading an article in the Desert Sun about the thousands
of dying fish in the Salton Sea. She detailed the experiments she performed about salinity levels
and proposed methods of their reduction.
In response to Councilman Kelly's inquiry, Ms. Crumpton answered she had worked with late
Congressman Sonny Bono, who told her to inform as many as she could to encourage support for
the Sea. Councilman Kelly said there was currently a proposed State bill which some Coachella
Valley residents opposed, and he felt her presentation would be worthwhile to garner that support.
MR. NUGENT then asked the Council to recess to the courtyard outside the Chamber for a
performance by PDMS-FADD members, directed by Rebecca Huse.
With Council concurrence, Mayor Spiegel recessed the meeting at 4:10 p.m. to the Chamber Courtyard
for a performance by the Palm Desert Middle School. He reconvened the meeting at 4:17 p.m.
MS. LYNN JANE NEUMANN, Rancho Mirage, CA, thanked the City Council for the prominent
spot in the Chamber occupied by the bighorn sheep poster, which was given to the City by her
granddaughter, and Palm Desert's continuing support for the bighorns. She said she had always
been proud of Palm Desert; however, tonight she chastised the Council's midnight curfew for
minors, when all other Coachella Valley cities imposed ten o'clock. She related that just the
evening before at about 10:15 p.m. she had been next door to Palm Desert's Pangaea Coffee House,
and it was packed with teenagers for the Wednesday night entertainment there. She witnessed
underage smoking and skateboarding at that time of the night, a school night, and felt midnight was
a mistake. She urged Councilmembers to see the situation for themselves some Wednesday evening.
VI. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of April 22, 1999, the Adjourned Joint
Meetings of the City Council/Redevelopment Agency of April 22, and April 27, 1999, and
Special Joint Meeting of the City Council/Redevelopment Agency for May 7, 1999.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 49, 50, 51,
49PD Office Complex, and 51PD Office Complex.
Rec: Approve as presented.
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Patricia A. Downs for El
Mirasol Cocina Mexicana, 73-325 Highway 111, Palm Desert.
Rec: Receive and file.
D. PORTFOLIO MASTER SUMMARY for the Period Ending March 31, 1999.
Rec: Receive and file.
E. MINUTES of City Committee/Commission Meetings.
1. Housing Commission Meeting of March 10, 1999
2. Citizens' Advisory Committee -Project Area No. 4 Meeting of March 15, 1999.
Rec: Receive and file.
F. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Purchase and
Installation of Metal Shelving Units for the Civic Center Storage Room.
Rec: By Minute Motion: 1) Authorize the City Clerk to advertise and call for bids for the
purchase and installation of metal shelving units for the Civic Center storage room; and
2) authorize the appropriation of $10,000 from the Unobligated General Fund.
G. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the 1999 Slurry Seal
Resurfacing Program (Project 751-99) (Contract No. C15910).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the 1999
Slurry Seal Resurfacing Program.
H. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids and Purchase Traffic
Signal Equipment for Improvement of San Pablo Avenue at Highway 111 (Project 634-97)
(Contract No C15920).
Rec: By Minute Motion: 1) Authorize the City Clerk to advertise and call for bids for the
San Pablo Avenue Improvements at Highway 111 between San Marcos Avenue and
Larkspur Lane (Contract No C15920); 2) authorize staff to purchase the traffic signal
controller assembly, poles and mast arms for the intersection of San Pablo Avenue and
Highway 111 in an amount not to exceed $50,000.
3
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
I. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Palm Tree Trimming
(Contract No. C15930).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for palm tree
trimming.
J. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Construction of
Retaining/Garden Walls at the Valley Industrial Park (Project 688-98) (Contract No. C15940).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the
construction of retaining/garden walls at the Valley Industrial Park on Cook Street
between Velie Way and Merle Drive.
K. REQUEST FOR APPROVAL for Date Palm Removals on Country Club Drive and Relocation
to the Civic Center Park.
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.
L. REQUEST FOR APPROVAL of Contract with SunLine Services Group for Catch Basin
Cleaning.
Rec: By Minute Motion, approve a contract with SunLine Service Group for catch basin
cleaning services in an amount not to exceed $16,000, from Account
No. 110-4610-453-3320.
M. REQUEST FOR AWARD OF BID for Two Electric Utility Carts for Civic Center Park
Maintenance.
Rec: By Minute Motion, award the bid to purchase two electric utility carts to California
Turf, Bermuda Dunes, California, in the amount of $8,469.54.
N. REQUEST FOR AWARD OF BID for Resurfacing Tennis and Basketball Courts at the Civic
Center Park (Contract No. C15640).
Rec: By Minute Motion, award the bid to resurface the Civic Center Park Tennis and
Basketball Courts to Courtmaster Sports, Inc., North Palm Springs, California, in the
amount of $13,500.
4
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
O. REQUEST FOR AUTHORIZATION to Purchase Electrical Conduit and Pullboxes for Traffic
Signal Interconnect for the Washington Street Widening Project (Project 645) (Contract
No. C15950).
Rec: By Minute Motion, authorize the staff to purchase conduit and pullboxes to be
provided to the Southwest Community Church contractor for installation along their
frontage prior to the initiation of the Washington Street widening construction project
by the County of Riverside.
P. REQUEST FOR APPROVAL, of Change Order No. 1 to Advertising Services Contract with
Publicity Unlimited.
Q.
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.
REQUEST FOR APPROVAL, of Change Order No. 2 to News Bureau Services Contract with
Publicity Unlimited.
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.
R. REQUEST FOR APPROVAT, of the Substitution of Securities for Subdivision Improvements
for Parcel Map 28448-1 (David Freedman & Company, Inc., Applicant).
Rec: By Minute Motion, authorize the substitution of securities for Parcel Map 28448-1.
S. REQUEST FOR RELEASE of Grading Improvement Security for Tract 28846 (Bighorn
Development L.P., Applicant).
Rec: By Minute Motion, accept the grading improvements as complete and authorize the
City Clerk to release the subject improvement securities.
T. REQUEST FOR GRANT OF EASEMENT to Coachella Valley Water District along with the
Desert Willow Clubhouse Parcel.
Rec: By Minute Motion, authorize the Mayor, on behalf of the City of Palm Desert, to
execute a Grant of Easement to Coachella Valley Water District across the Desert
Willow Clubhouse parcel.
5
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
U. REQUEST FOR APPROVAL of a Refund of E1 Paseo Business Improvement Assessment fees
for Hathaway Chiropractic.
Rec: By Minute Motion, approve the refund of El Paseo Business Improvement Assessment
fees for Hathaway Chiropractic in the amount of $453.
V. REQUEST FOR WAIVER OF FEES Associated with the Riverside County Sheriff's
Department Canine Competition in Palm Desert Civic Center Park.
Rec: By Minute Motion, approve the request for waiver of fees for the Riverside County
Sheriffs Department for the Fourth Annual Canine Competition, scheduled to be held
in the Palm Desert Civic Center Park on November 12-13, 1999
W. REQUEST FOR FUNDS for Promotion and Advertising of 1999 Million Dollar Days
Promotion.
Rec: By Minute Motion, concur with Community Affairs Director and Finance Director's
direction to approve $30,687 from the City Wide Fund Account for the Million Dollar
Days promotion.
X. REQUEST FOR RATIFICATION of Out -of -State -Travel for David Salas of Building &
Safety Department.
Rec: By Minute Motion, approve the out-of-state travel of David Salas, Building Inspector,
to Las Vegas, Nevada to attend and take the ICBO Examination (COMBO Dwelling
Certification) on April 24, 1999.
Councilman Ferguson requested Items K, P, and Q be held over for separate consideration under
Item VII, Consent Items Held Over.
Upon a motion by Councilman Kelly, second by Councilman Ferguson, and 4-0 vote of the City
Council with Mayor Pro-Tempore Crites ABSENT, the remainder of the Consent Calendar was approved
as presented.
Note: Mayor Pro-Tempore Crites arrived at 4:25 p.m.
VII. CONSENT ITEMS HELD OVER
K. REQUEST FOR APPROVAT, for Date Palm Removals on Country Club Drive and Relocation
to the Civic Center Park.
Councilman Ferguson noted that one of the City's hotel developers at Frank Sinatra and Cook
Street had asked him why it was necessary to remove the 32 palms. Mr. Folkers responded
6
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
the subject item related to the landscape plan in that vicinity, the desert theme developed there,
as approved by the Landscape Committee, to minimize the number of large trees in that area.
He added that the relocated trees would be used in some other facilities. Upon further
question, Mr. Folkers said some of the trees would be relocated to the north end of Civic
Center Park. He went on to say the plan developed by Jerry Clark and Eric Johnson seemed
to have several advantages. Additionally, he said the plan had been reviewed with Marriott
staff.
Councilman Kelly said that even though he was a member of the Landscape Committee, along
with Mayor Pro-Tempore Crites, he didn't consider the impact to the existing trees at the time
the idea was presented. He said he thought more about those areas where grass was being
removed and trees that wouldn't grow with drought tolerant landscaping, whereas date palms
would. He suggested taking another look at the idea.
. Mr. Folkers responded that originally, Marriott had wanted the trees; therefore, the original
plant palette had the trees removed. However, he said after the fact, Marriott said they didn't
want the trees, and it was decided to utili7P them somewhere else. Councilman Ferguson
suggested a meeting with Mr. Swank to present the proposal; since the people in the area felt
strongly about the trees, maybe the Council should take that into consideration.
— Councilman Kelly moved to continue the subject request for approval of the date palm tree
relocation to the meeting of May 27, 1999. Motion was seconded by Councilman Ferguson and carried
by unanimous vote.
With Council concurrence, Items P and Q, Consent Items Held Over were considered jointly.
P. REQTTFST FOR APPROVAL of Change Order No. 1 to Advertising Services Contract with
Publicity Unlimited.
Councilman Ferguson noted that the subject change orders amounted to an aggregate
exceeding 10 % of the base contracts. He said that Councilman Kelly and he agreed that a true
change order resulted from unexpected circumstances that had to be accounted for by
requesting additional funds. He said as he understood both requests, they were largely the
result of Council's direction to provide additional activities related to the City's 25th
Anniversary, which the Director of Community Affairs implemented. Therefore, he said it
was the Council who spent the money informally, as opposed to amending the amount through
the mid -year budget process, and he didn't think a change order was required for work that
was completely anticipated.
Mrs. Gilligan stated the additional activities included more movies, more anniversary -related
events, other advertising which was charged against the Publicity Unlimited contract, depleting
that balance to less than what was needed for the last two months of the fiscal year. She said
7
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
it was basically a housekeeping item, as there was sufficient balance in the specified account
to draw from, but a change order was the prescribed method for taking such action.
Councilman Ferguson moved to, by Minute Motion: 1) Approve Change Order No. 1 to Contract
No. C13101 with the City's contractor for advertising services for fiscal year 1998/99, Publicity
Unlimited, Rancho Mirage, California, in the amount of $20,000 and authorize the Mayor to execute
same; 2) approve the expenditure from Account No. 110-4416-414-3215, Community Promotions - Other
Advertising. Motion was seconded by Councilman Kelly and carried by unanimous vote.
Q. REQUEST FOR APPROVAL of Change Order No. 2 to News Bureau Services Contract with
Publicity Unlimited.
Councilman Ferguson moved to, by Minute Motion: 1) Approve Change Order No. 2 to Contract
No C13111 with the City's contractor for news bureau and public relations services for fiscal year
1998/99, Publicity Unlimited, Rancho Mirage, California, in the amount of $15,000 and authorize the
Mayor to execute same; 2) authorize the Director of Finance to transfer said amount from Account
No. 110-4416-414-3215, Community Promotions - Other Advertising. Motion was seconded by
Councilman Kelly and carried by unanimous vote.
VIII. RESOLUTIONS
A. RESOLUTION NO. 99-35 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS TO VACATE A
PORTION OF RIGHT-OF-WAY KNOWN AS INDIAN HILLS WAY UNDER THE
PROVISIONS OF PART 3, DIVISION 9, OF THE STREETS AND HIGHWAYS CODE,
AND FIXING A TIME AND PLACE FOR HEARING ALL PERSONS INTERESTED IN
OR OBJECTING TO THE PROPOSED VACATION (Bighorn Development, LLC,
Applicant).
Councilmember Benson questioned whether the subject vacation benefitted the Canyons at
Bighorn, and if so, why the City was considering giving the land versus selling it to the
developer. She felt the subject right-of-way was also utilized by Ironwood residents.
Mr. Folkers responded that staff felt the drainage work to be performed in the subject location
would be to the City's benefit. He said normally when property was vacated, half of it was
given to the property owner on each side.
Mr. Diaz commented that the subject resolution only set the public hearing date for the matter,
it did not approve or reject the vacation; more information could be provided at the hearing.
Mayor Spiegel related that normally the City was happy to vacate a street because it eliminated
the need for maintenance; however, if the subject approval affected Ironwood's access, he
agreed with Councilmember Benson that it should be reviewed.
8
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Councilman Kelly moved to waive further reading and adopt Resolution No 99-35, setting a public
hearing to consider the vacation request. Motion was seconded by Councilman Ferguson and carried by
unanimous vote.
With Council concurrence, Items B and C of Resolutions were considered jointly.
B. RESOLUTION NO. 99-36 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING THE CITY COUNCIL'S ELECTION
TO BECOME SUBJECT TO PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE
ACT.
Mayor Spiegel said he understood the subject resolution was the same plan approved by the
City's executive staff, and he asked how many were involved. Mr. Wohlmuth responded 42
management staff members (Resolution No. 99-37) and 5 Councilmembers (Resolution No.
99-36).
Councilmember Benson moved to waive further reading and adopt Resolution No 99-36. Motion
was seconded by Mayor Pro-Tempore Crites and carried by a 4-1 vote with Councilman Ferguson voting
NO.
-- C. RESOLUTION NO. 99-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING EXEMPT GROUP A & GROUP B'S
ELECTION TO BECOME SUBJECT TO PUBLIC EMPLOYEES' MEDICAL AND
HOSPITAL CARE ACT.
Councilmember Benson moved to waive further reading and adopt Resolution No. 99-37. Motion
was seconded by Mayor Pro-Tempore Crites and carried by a 4-1 vote with Councilman Ferguson voting
NO.
IX. ORDINANCES
For Introduction.
None
9
MINUT S
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
For Adoption:
With Council concurrence, Items A, B, C, and D, Ordinances for Adoption, were considered
jointly.
A. ORDINANCE NO. 910 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE NO. 745 AND AMENDING
SECTION 10.36.010 OF THE MUNICIPAL CODE RELATIVE TO ESTABLISHING
SPEED LIMITS (Ocotillo Drive).
Councilman Kelly moved to waive further reading and adopt Ordinance No. 910. Motion was
seconded by Councilman Ferguson and carried by unanimous vote.
B. ORDINANCE NO. 911- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE NO. 739 AND AMENDING
SECTION 10.36.010 OF THE MUNICIPAL CODE RELATIVE TO ESTABLISHING
SPEED ZONES (Cook Street).
Councilman Kelly moved to waive further reading and adopt Ordinance No. 211. Motion was
seconded by Councilman Ferguson and carried by unanimous vote.
C. ORDINANCE NO. 912 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE NOS. 747 AND 787 AND
AMENDING SECTION 10.36.010 OF THE MUNICIPAL CODE RELATIVE TO
ESTABLISHING SPEED ZONES (Monterey Avenue).
Councilman Kelly moved to waive further reading and adopt Ordinance No. 912. Motion was
seconded by Councilman Ferguson and carried by unanimous vote.
D. ORDINANCE NO. 913 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE NOS. 729 AND 746 AND
AMENDING SECTION 10.36.010 OF THE MUNICIPAL CODE RELATIVE TO
ESTABLISHING SPEED ZONES (Portola Avenue).
Councilman Kelly moved to waive further reading and adopt Ordinance No. 213. Motion was
seconded by Councilman Ferguson and carried by unanimous vote.
10
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
X. NEW BUSINESS
With Council concurrence, Items A and B, New Business, were considered jointly.
A. CONSIDERATION OF A REQUEST FROM THE COVE COMMUNITIES SERVICES
COMMISSION FOR APPROVAL OF THE PURCHASE OF SPECIALIZED EQUIPMENT
TO BE USED BY THE CAREER CRIMINAL APPREHENSION TEAM.
Mr. Diaz noted that this item and the following were both recommended by the Cove
Commission, and Captain Dan Miller was available to answer questions.
Captain Dan Miller, Palm Desert Chief of Police, responded to Mayor Spiegel's question
about renting vehicles from Enterprise for $799.99 per month by stating that if the vehicles
were purchased, maintenance and mileage costs would accrue. He said the most significant
purpose for rental was that the cars were primarily used for surveillance, which could be both
extensive and long term, and renting afforded the opportunity of frequently switching vehicles
in order to avoid detection of the operation.
In response to Mayor Spiegel's question whether the annual cost estimate of $50,878.80 was
for all three cities or just Palm Desert's share, Captain Miller stated it was the entire cost to
the Cove; Palm Desert's cost would be $16,959.60.
Councilman Ferguson moved to, by Minute Motion, concur with the recommendation of the Cove
Communities Services Commission to approve the request for the purchase of specialized equipment to
be used by the Career Criminal Apprehension Team and appropriate funds for same from unappropriated
reserves. Motion was seconded by Councilman Kelly and carried by unanimous vote.
B. CONSIDERATION OF A REQUEST FROM THE COVE COMMUNITY SERVICES
COMMISSION FOR APPROVAL OF THE PURCHASE OF A BOMB SUIT.
Councilman Ferguson moved to, by Minute Motion, concur with the recommendation of the Cove
Communities Services Commission for approval of the purchase of a bomb suit and appropriate funds for
same from unappropriated reserves. Motion was seconded by Councilman Kelly and carried by
unanimous vote.
11
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
C. REQUEST FOR APPROVAL OF ADDITIONAL PARKING FOR THE PALM DESERT
SOCCER PARK.
Councilman Kelly moved to, by Minute Motion: 1) Allocate $76,120 from Unallocated Funds
(Account 430) for the design of the Soccer Park south parking lot; 2) authorize staff to enter into an
agreement with JMS Engineering, Palm Desert, California, in the amount of $69,200 plus a 10%
contingency in the amount of $6,920 to design and stake a parking lot south of the Palm Desert Soccer
Park (Contract No. C15960); 3) authorize staff to advertise a notice inviting bids if the engineer's
estimate is within budget; and 4) prior to contract execution, authorize staff to negotiate reduced scope
of work and cost. Motion was seconded by Councilman Ferguson and carried by unanimous vote.
D. REQUEST FOR APPROVAL OF A CONTRACT FOR TURF MAINTENANCE FOR THE
PALM DESERT SOCCER PARK AND CIVIC CENTER PARK.
In response to Councilman Kelly's question, Mr. Drell responded staff was still working with
the contractor to smooth out the soccer fields. Further, he said there was also an item to add
to this meeting's agenda which dealt with that process.
Mayor Spiegel noted that Mr. Tom Theobald, Maintenance Services Manager, was working
on an interesting project here-- a combination of ground up tires, turf, etc., to improve turf
quality.
Councilman Kelly moved to, by Minute Motion, enter into a contract with Enviable Greens, Palm
Desert, California, on a sole source basis to perform turf maintenance for the following facilities as listed:
a) perform turf maintenance on the entire Palm Desert Soccer Park, in the amount of $24,150; b) perform
an aeration program at the Civic Center Park, in the amount of $6,000. Motion was seconded by
Councilmember Benson and carried by unanimous vote.
12
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
E. REQUEST FOR APPROVAL OF CONVERSION OF CIVIC CENTER PARK COMPUTER
SYSTEM TO WINDOWS -BASED CONTROLS IN AN AMOUNT NOT TO EXCEED
$30,000.
Upon question by Councilman Ferguson, Mr. Theobald responded the breakdown of the
$30,000 cost was: 1) Hardware (computer) cost of $3,000 - 4,000; 2) software cost of
$15,000; and 3) data conversion of $5,000+. Mr. Folkers added the subject purchase would
be Y2K compliant.
Mayor Pro-Tempore Crites moved to, by Minute Motion: 1) Authorize the purchase of a new
computer from Gateway; 2) purchase new software package from Barrington Systems, San Carlos,
California; 3) enter into an agreement with LBT Engineers, Inc., Coronado, California, to perform the
data conversion and develop graphics compatible with current system; 4) provide group training on the
new Windows software; 5) authorize the transfer of funds from Parks Account No. 110-4610-453-3320
to Capital Outlay Account No. 110-4610-453-4040. Motion was seconded by Mayor Spiegel and carried
by unanimous vote.
F. REQUEST FOR APPROVAL OF INSTALLATION OF TRAFFIC SIGNALS AT THE
INTERSECTIONS OF PORTOLA AVENUE AND SHADOW MOUNTAIN DRIVE, AND
PORTOLA AVENUE AND FAIRWAY DRIVE.
Mr. Folkers commented that the subject intersections had been under surveillance over a
period of time, resulting in staff's recommendation to proceed by obtaining the design for the
subject installation. He noted that the matter was discussed by the Technical Traffic
Committee, as well as the Public Safety Commission, and staff recommended approval.
Councilman Ferguson asked if there were any other locations in the City with four traffic
signals in an approximate one -quarter mile stretch. He said on Portola there were signals at
Highway 111 and El Paseo with one to be added each to the intersections of Shadow Mountain
and Fairway, which he estimated was a three block distance.
Mayor Pro-Tempore Crites added that once the aforementioned set of lights were negotiated,
then there were stop signs at Grapevine, Marakesh, and Haystack, which led him to ask if
there was a program which reviewed the entire street rather than intersection by intersection.
He referred to the traffic queues of five to ten vehicles cited in the staff report, stating he
assumed they would still exist only farther up Portola than they did now. He remained
unsatisfied that a comprehensive traffic program was applied to Portola from Haystack to
Highway 111.
Mr. Folkers responded that staff was working on an interconnect program for that type of
traffic situation, which staff felt would be very successful. He offered to provide a time -space
diagram to demonstrate flow through the various intersections. He said the difficult one would
be Highway 111, which suffered from a capacity problem that would eventually be resolved.
13
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Councilman Kelly recalled that he advocated resolving Portola's traffic problems prior to The
Reserve's approval; however, they weren't. He commented that he occasionally accessed
Portola from Flagstone, and because cars proceeded from a four-way stop, it was sometimes
15 minutes before a vehicle exited that intersection. He felt a signal at Fairway Drive would
allow for better flow; he felt residents of Portola's side streets would welcome signals.
Councilman Ferguson said he favored getting a flow design from Mesa View to Highway 111
that accommodated the country clubs, the school, etc., so that possibly some of the stop signs
could be removed upon installation of the signals. He felt Portola was overly regulated based
upon its status compared to Monterey or Cook.
Mayor Pro-Tempore Crites added to Councilman Kelly's comments about traffic "packets,"
stating perhaps the stop sign at Grapevine could be removed, if there was a mechanism to stop
traffic for a period of time both above and below that location. He foresaw a stop light at
every location presently controlled by a stop sign.
Councilman Kelly commented that the whole subject design was done prior to the City's
incorporation; therefore, it wasn't approached in the same manner that it would be today, and
it was unfair to make such a comparison. However, he felt the residents in those
neighborhoods had a problem that needed attention, and he cautioned his colleagues about
removing any stop signs at this time.
Mayor Spiegel agreed with Councilman Ferguson about examining the street in its entirety and
moved to continue the subject issue to the meeting of May 27, 1999, with Councilmen Kelly and
Ferguson, or Councilman Kelly and Mayor Pro-Tempore Crites appointed to a subcommittee to review
the issue and provide their recommendation at that time. Motion died for lack of a second.
Councilman Ferguson moved to continue the subject traffic signal installation to a date uncertain,
with staff directed to study the planning issues involved, and appoint Councilman Kelly and Mayor
Pro-Tem Crites to serve on a subcommittee for that purpose. Motion was seconded by Mayor Spiegel
and carried by unanimous vote.
G. REQUEST FOR APPROVAL OF THE INSTALLATION OF TRAFFIC SIGNALS AT THE
INTERSECTIONS OF HOVLEY LANE EAST AND CORPORATE WAY, AND HOVLEY
LANE EAST AND BEACON HILL.
Mr. Mark Greenwood, Transportation Engineer, stated the subject two traffic signals had been
before Council previously, at which time they were referred to the Public Safety Commission.
In turn, he said the Public Safety Commission referred them to the Technical Traffic
Committee, which concurred with staffs recommendation to install, as did Public Safety
Commission.
14
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Councilman Kelly moved to, by Minute Motion, approve the installation of traffic signals at Hovley
Lane East and Corporate Way, and Hovley Lane East and Beacon Hill. Motion was seconded by
Councilman Ferguson and carried by unanimous vote.
In response to Councilman Kelly's question about the status of efforts to streamline Cook
Street traffic, Mr. Folkers responded the realignment of Green Way and 42nd Avenue was
currently under design. Further responding to Councilman Kelly, Mr. Folkers stated the
signals just approved were traffic actuated, as were all those proposed, some programmed with
additional delay on the side streets to effect better flow on the main thoroughfare.
H. REQUEST FOR APPROVAL OF THE INSTALLATION OF A TRAFFIC SIGNAL AT THE
INTERSECTION OF HOVLEY LANE EAST AND WARNER TRAIL.
Mr. Folkers noted that the subject signal had been requested by the City Council based upon
the concerns of area residents. He said after conducting a study at the location, staff
recommended approval.
Councilman Kelly moved to, by Minute Motion, concur with staff, Technical Traffic Committee,
and Public Safety Commission recommendations to install traffic signals at Hovley Lane East and Warner
Trail in the five year Capital Improvement Program. Motion was seconded by Councilman Ferguson and
carried by unanimous vote.
Mayor Pro-Tempore Crites noted that there was ongoing correspondence regarding the double
stop sign on Hovley, and realizing there were buildings to consider, he wondered whether staff
had thoroughly investigated a way to realign Kansas Street and Oasis Street. Mr. Greenwood
stated that while it could be done, it would require the displacement of several homes on one
side or the other, and a maintenance facility on the north side. Councilman Kelly commented
that perhaps the City should spend the money to fix the situation, and he felt staff should look
at all the possibilities.
With Council concurrence, staff was directed to investigate the feasibility of realigning Kansas
Street and Oasis Street.
In answer to Councilman Ferguson's question, Mr. Folkers responded the 90-day trial period
for the stop signs would be discussed at the May 27 meeting.
I. REQUEST FOR APPROVAL OF ADDITIONAL ACCESS FOR VISTA PASEO.
Mr. Folkers stated the subject matter of business resulted from the requests of Edgehill Drive
residents. He then recapped the history of the development since December 1984 as it related
to streets configuration, noting that much discussion and deliberation went into the decision
represented by today's situation. He said currently there was south access, an emergency
access utilizing a piece of Edgehill north of Willow Way, which would be a continuation of
15
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * s s
Bursera; the prime access was via Edgehill. At this time, he said there were two walls at
Green Way which precluded entry off Vista Norte, the street into Vista Paseo. He said it was
possible, even though the location had been vacated, for the City to go back and acquire it.
As staff reviewed the situation, it felt there was adequate access off of Edgehill. However,
if something was to be done, he said probably the south end was the preferred location.
MR. DEAN SCHUMAN, 72-495 Pitahaya Street, Palm Desert, was concerned about Vista
Paseo's single access. He expressed his thanks to Council for the stop signs approved earlier;
they had effected a safer neighborhood. He said that after talking with several residents about
Vista Paseo's inception, he learned that originally three accesses were planned. He cited a
report from 1988 where Mr. Lowell said, "When parcel number two is developed into the 41
homes, the second access gate through a gated entrance will be at the south end of parcel
number two at Bursera Way." Therefore, he asked Council's consideration of alleviating some
of the traffic (residential and construction traffic); he felt residents would use a second access
into Vista Paseo, if it was available, gated or not.
In response to Mayor Pro-Tempore Crites' question whether or not a legal means of opening
Bursera for more than an emergency access existed, Mr. Folkers responded there was a
private alley on the south side, he would need to first check with the City Attorney. Mayor
Pro-Tempore Crites noted there was a public street which went right to the gate and crossed
the private alley. Mr. Folkers said he understood the public street stopped south of the alley.
Mr. Erwin stated he was unsure whether there was any public right-of-way there; he felt what
the City wanted would not necessarily be provided by way of the private access. He would
investigate titles of the affected parcels to determine what could be accomplished.
MR. SCHUMAN added that the street was paved with asphalt right up to the emergency
access gate. He thanked Council for its efforts.
Mayor Spiegel commented that he saw the line-up of traffic on Pitahaya each morning as it
waited to access Highway 74. He felt the matter should receive staffs serious consideration.
Councilman Kelly moved to, by Minute Motion, authorize staff to proceed as appropriate to secure
south access of Vista Paseo off Bursera Way. Motion was seconded by Councilman Ferguson, stating
he concurred with Mr. Schuman about the traffic burden on Edgehill, and it carried by unanimous vote.
Mr. Diaz stated staff would endeavor to bring back the information as quickly as possible;
however, with the summer meeting schedule, it might be in August.
J. REQUEST FOR APPROVAL, FOR AERIAL STRIP MAPPING.
Mr. Folkers stated widening projects of Fred Waring, Highway 111, and northbound Portola
from Alessandro to just south of Fred Waring were being given consideration. He said aerial
16
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
photography with appropriate ground control was needed in order to proceed with right-of-way
acquisition, design, etc.
Upon Mayor Spiegel's question about incorporating the entire Palma Village along
Highway 111, Mr. Folkers responded the swath would include Highway 111 for its widening.
Councilman Ferguson moved to, by Minute Motion: 1) Approve the proposal from The Keith
Companies, Palm Desert, California, for professional services to provide digital ortho photography in an
amount not to exceed $75,000; 2) appropriate $75,000 from the Measure A Funds to Public Works
Professional Services Account No. 110-4300-413-3010. Motion was seconded by Councilman Kelly and
carried by unanimous vote.
K. CONSIDERATION OF AMENDMENT TO CHAPTER 8.40 OF THE PALM DESERT
MUNICIPAL CODE (RECREATIONAL VEHICLES).
Mr. Hart Ponder, Jr., Code Compliance Supervisor stated the recreational vehicle (RV)
ordinance had been in place since 1988, and the present exercise compared it to similar
regulation throughout the Coachella Valley. He stated a committee of concerned residents was
formed, key Planning, Public Works, and Code Compliance staff were interviewed, and a
tour to view available RV storage sites in the area, legally parked RV's within residential
districts, and those which weren't was conducted. He said it was found that Palm Desert's
regulation was in line and reasonable when compared to other Valley ordinances, noting that
the issue was a polarizing one. With the proposed changes, he said staff felt the City's
regulation would be right in the middle-- it allowed RV owners access to their property, and
with enough area, it provided a way for owners to store their units behind the roof line,
screened from public view, with the review of the Architectural Review Commission and
Planning Department. Therefore, staff felt the proposed amendment, which also provided a
streamlined appeal process, was reasonable.
Upon question by Councilman Ferguson, Mr. Ponder answered staff report Option No. 3 was
recommended.
MS. JEAN MICHAEL, 72-848 Skyward Way, Palm Desert, said she lived next door to a
resident with an RV in their front yard which did not meet the stipulations. She had
considered selling her home, noting it was devalued by the neighbor's parked RV and the pad
of concrete with additional vehicles parked upon it in their front yard. She asked what the
City would do about the situation, and if something would be done, she would wait to sell her
home.
MS. LYNN NEUMANN, Rancho Mirage, CA, presented pictures to the Council of RV's in
residential areas. She noted that she had personally been involved with petitions to require
covered parking for campers, boats, and trailers in the City of Rancho Mirage some 25 years
ago, of which parts of the resulting ordinance were incorporated into Palm Desert's Code.
17
TM:MUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
She was appalled to see a large motor home parked in the front yard within a beautiful
residential district. She felt the Code should not be amended; a 30-, or 40-foot mobile home
parked next to a house transferred it from an R-1 area to an R-2 area, meaning two homes in
a residential area. Additionally, she felt there were sufficient providers of storage space for
residents to park their RV's with those services.
MR. DON STEFFENSEN, 43-060 Tennessee Avenue, Palm Desert, read a statement which
he provided to the City Clerk. It was received for the record and is made a part of these
Minutes as Exhibit "A." He favored a less restrictive approach to the RV code.
In response to Mr. Steffensen's question about combining Chapters 8.40 and 10.96 of the
Palm Desert Municipal Code, Mr. Ponder replied staff felt it was important to keep the issues
separate. He went on to say that Chapter 8.40 dealt with private property storage, and
Chapter 10.96 dealt with on -street, public right-of-way parking. With regard to the height
requirement, he said the Zoning Ordinance Review Committee (ZORC) discussed the fact that
a well in which the RV would be parked could be made on the private property to satisfy the
height restriction. Mr. Drell agreed that the 102" width would be acceptable, in line with
newer model RV's. Mr. Ponder went on to note that the current ordinance was held in
abeyance until the situation had been completely reviewed.
MR. CARL ARNDORFF, 76-792 California Drive, Palm Desert, stated he was a reviewing
committee member for the RV issue. He felt the staff report's Option No. 1 was
misunderstood because it dealt with owners and changes in height, width, and placement— a
"grandfather clause," which he felt should be incorporated into the ordinance; however, two
staff members disagreed about that fact, and the committee was hesitant to vote that way. He
said he voted against it, but under certain circumstances might have voted for it. In
considering the changes, he said the committee suggested the City's purchase of a lot to
provide parking for RV's— he said the storage services currently available charged $45-70 per
month; he felt owners should be able to park on their private property beyond the setback.
He said he appreciated Mr. Ponder's assistance when a lawsuit was served on him by
neighbors for parking his RV in the front yard.
MR. GEORGE BOLL, 76-739 Oklahoma, Palm Desert, said he moved into that address in
1988, and he had a motor home. He said as a part of the City's sphere of influence, he
realized there was a code which would generate an argument. Therefore, he complied with
Ordinance No. 537, moving his pool wall, erecting a canopy over the top, and screening his
unit with trees. He said he'd never heard of anyone coming up with a grandfather clause,
since he'd never had neighbors who objected. He wondered why the ordinance should be
changed when it had worked for ten years. If it was a vendetta against one particular RV
owner, he felt fellow RV owners would want to cooperate and eliminate the culprit. He said
he liked the City, liked it clean, and wanted things done properly. He wondered whether
anyone on the reviewing committee represented the RV industry or RV owners.
18
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
MS. MARILYNN HAMLET, 42-600 Iowa Street, Palm Desert, and President of the Palm
Desert Country Club Association, stated with regard to RV's, the Club's CC&R's contained
the same language as Palm Desert's Municipal Code, and the board wished to maintain the
present regulation. She presented a list of residents' names who could not attend this meeting,
but desired the City's Code for recreational vehicles remain the same. The list was presented
to the City Clerk and is made a part of these Minutes as Exhibit "B."
MR. ARTHUR TOBEY, 77-306 Missouri Drive, Palm Desert, said he already had a permit
from the Palm Desert Country Club Association, and he wondered why he couldn't come to
City Hall tomorrow to receive a permit for parking his RV. He felt if the Association
approved, it should be okay.
Mr. Ponder responded that normally, association regulations were more stringent that those
of the City. Mr. Erwin added there were two issues; first was the Palm Desert Country Club
Association's CC&R's, private contractual rights between the Association and individual
owners. Secondly, he said the City's ordinances affected everyone within the City, and
technically, did not always align themselves with the private, contractual rights; however, they
normally were headed the same direction. Mr. Tobey was directed to make his application
through the established City process.
MS. BEVERLY STARCHER, 43-600 Texas Avenue, Palm Desert, said she had been a
resident of the aforementioned address for 13 years, and a Valley resident for 15 years. She
served on the review committee as an RV owner, she enjoyed doing so, and she encouraged
everyone to drive around Palm Desert to see the violators who parked Greyhound bus -sized
RV's on their property. She noted that most lots within Palm Desert Country Club were 60
x 100, and as a former Colorado Realtor, she felt property values here had declined because
of RV parking.
MR. DON TIPTON, 76-723 Oklahoma, Palm Desert, said he was also an RV owner. He said
it took him two years to secure a residence where he could have his motor home; it was
County jurisdiction at the time. He did not trust RV storage lots, as there was unregulated
access. He acquired a property with a 40-foot driveway to park his 30-foot motor home on
it; he planted shrubbery to camouflage the unit, noting none of his neighbors objected. He
felt lives were being spoiled by overregulation.
Councilman Ferguson observed that the present regulation had been in place for many years,
likening RV parking to the regulation which prevented him from keeping a horse at his
residence because of the negative impact. He realized that Palm Desert Country Club was not
a part of the City in 1995, but when asked, it was overwhelmingly approved. In the capital
budget, he noted the City had allocated some $13 million for improvements to that
neighborhood for storm drains, curbs and gutters, etc., and they were benefits agreed to right
up front. Therefore, he expected those residents to respond in kind. He went on to say he
and Councilman Kelly drove through the neighborhood on California Street, from Fred
19
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Waring to Washington, and there were many residents who had tastefully complied; however,
there were large motor coaches which blatantly violated the code. In order to clean up the
neighborhood, he said it would take the cooperation of the City and residents. He said that
residing one block off of Skyward Way, he saw one motor home parked there every day, and
he was irritated not only by the visual impact, but on behalf of those residents who made
substantial investments in large garages and other remedies which made them good neighbors.
He didn't feel RV owners had an unqualified right to visually impact their neighborhoods
because they didn't want to be bothered to store them or go to the expense of screening them —
not too much to ask by the City in exchange for what it was trying to do for them. He felt the
ordinance had worked well, and he favored Option No. 3.
Mayor Pro-Tempore Crites added that unlike the City and the horse, the RV ordinance did not
prevent a resident from having a motor home on their property; it set forth the conditions
under which it was allowed-- back yard, side yard with screening, even providing for an
appeal process if neither of those were workable.
Councilmember Benson said she had no additional comment other than the RV issue still was
coming before Council after 25 years.
Councilman Kelly stated that as one who purchased a large lot and spent $5,000 to build a
place in his back yard for parking his motor home, he too felt RV owners had a responsibility
to keep from affecting others' property or the City's quality of life. He favored Option No. 3.
Mayor Spiegel stated he served on the committee with Councilmember Benson, and he also
favored Option No. 3, concurring with Mayor Pro-Tempore Crites about the availability of
the appeal process.
Councilman Ferguson moved to, by Minute Motion, approve staffs recommendation for Option
No. 3 from the staff report, retaining most of the present Code's language with some minor changes
recommended by the Planning Department, and as amended for a width of 102". Motion was seconded
by Mayor Pro-Tempore Crites and carried by unanimous vote.
MR. STEFFENSON noted that many owners were preparing to leave the area for the summer,
and he asked if enforcement of the ordinance could commence after July 1.
With Council concurrence, staff was directed to resume enforcement operations after July 1, 1999.
20
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
L. CONSIDERATION OF PROPOSED STATE LEGISLATION (SB98, AB38, AB1347,
AB1000, and AB84).
Mayor Pro-Tempore Crites moved to, by Minute Motion: Support SB98, AB38, AB1347; 2) oppose
AB1000 and AB84; 3) direct staff to draft letters for the Mayor's signature to the California Assembly
and Senate expressing the support and opposition of the respective bills. Motion was seconded by Mayor
Spiegel and carried by unanimous vote.
M. REQUEST FOR APPROVAL, OF A CONTRACT WITH DALE CHIHULY FOR
ARTWORK AT DESERT WILLOW GOLF RESORT (CONTRACT NO. C15970).
Mrs. Gilligan stated the Art In Public Places Commission (AIPP) had made a recommendation
and the Council had been given an opportunity to review Mr. Chihuly's work and to visit with
him about the type of proposed designs for the Desert Willow Clubhouse. She asked Council
to approve a contract in two parts, the first in the amount of $5,000 for design of the artwork,
and the second part for commission of the artwork in the amount of $200,000, noting that the
commission would be contingent upon approval of the design. She commented that two City
Councilmembers served as liaisons to AIPP, two Councilmembers served as liaisons to Desert
Willow, and the Mayor was liaison to the Civic Arts Committee; all three entities would have
review and comment opportunity on the design with AIPP voting on it. She said that because
of the Council's summer schedule and the impending Clubhouse completion date in October,
staff asked for direction to prepare a contract in two parts, subject to approval of the City
Attorney, allowing for Council's review of the project through the committee process, with
the opportunity to call it up should there be any unresolved concern. She said such direction
would allow the project to move forward.
Councilman Kelly commented that at the Clubhouse Committee meeting this morning where
the architect was in attendance, he learned that the architect and Mr. Chihuly had not yet made
a connection. Mrs. Gilligan responded that Mr. Chihuly's associate had been in contact, and
John Nagus said plans had been forwarded to Mr. Chihuly. However, she noted the
gentleman who had been in touch was in San Ramon, not the same man at the committee
meeting, but the process was underway. She stated Mr. Chihuly's associate was in attendance
at this meeting and would answer any questions from the Council.
Mayor Pro-Tempore Crites moved to, by Minute Motion, approve the Art In Public Places
Commission recommendation to commission artist Dale Chihuly to create a signature artwork for the
Desert Willow Golf Resort Clubhouse, said contract to be in two parts: 1) Design development of a
signature artwork in an amount not to exceed $5,000; and 2) commission of the signature artwork for an
all inclusive amount not to exceed $200,000. Motion was seconded by Councilmember Benson and
carried by unanimous vote.
21
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
N. CONSIDERATION OF APPROVAL OF CONSOLIDATED PALM DESERT LANDSCAPE
AND LIGHTING MAINTENANCE DISTRICT FISCAL YEAR 1999-2000 ENGINEER'S
REPORT AND PROCEEDINGS.
Mayor Pro-Tempore Crites moved to: 1) Waive further reading and adopt Resolution No. 99-38
to initiate proceedings for the annual levy of assessments, FY 1999-2000; 2) waive further reading and
adopt Resolution No. 99-39 declaring intention to levy annual assessments, FY 1999-2000; 3) waive
further reading and adopt Resolution No 99-40 approving the preliminary engineer's report and
assessment levy, FY 1999-2000. Motion was seconded by Councilman Kelly and carried by unanimous
vote.
XL CONTINUED BUSINESS
None
XII. OLD BUSINESS
A. REQUEST FOR APPROVAL TO EXPAND THE BUS SHELTER ON THE NORTH SIDE
OF FRED WARING DRIVE BETWEEN MONTEREY AVENUE AND ACACIA DRIVE.
Mr. Folkers noted that some time had been spent on the subject project, and there were finally
recommendations for the Council. He noted the display of drawings illustrating the existing
building; material to be used on the bus shelter would be very similar. He said staff felt it
would be an elegant facility, twice as large as the norm, providing handicap access and shelter
for all bus riders. He concluded by stating all the appropriate bodies had reviewed and
approved the design, and staff recommended approval to proceed as rapidly as possible so that
it would be ready when school started in the fall.
Councilman Kelly moved to, by Minute Motion, appropriate $17,000 from the Construction Tax
Fund to be utilized to reimburse Mr. Homme for a portion of his cost to construct the bus shelter, which
is estimated to cost $30,000. Motion was seconded by Mayor Pro-Tempore Crites and carried by
unanimous vote.
22
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Mayor Spiegel noted that there was a request to add an item to this agenda regarding Notice of
Completion for the Palm Desert Soccer Park (Contract No. C13140).
Mayor Pro-Tempore Crites moved to add the aforementioned item to the agenda. Motion was
seconded by Councilman Ferguson and carried by unanimous vote.
Mr. Drell noted staff was still diligently working with Valley Crest to complete all the project's
deficiencies; however, in order to keep the City's options open relative to accessing the retention
monies or performance bond to satisfactorily complete everything, the process had to be initiated
by filing the subject Notice of Completion. He said filing that document forced all the
subcontractors with a lien on the retention to come forward so that it could be determined what
balance existed for any further negotiation.
Councilman Ferguson moved to, by Minute Motion, accept as substantially complete the
construction of the Palm Desert Soccer Park (Contract No C 13140) and authorize the City Clerk to file
a Notice of Completion for same. Motion was seconded by Mayor Spiegel and carried by unanimous
vote.
XD I. REPORTS AND REMARKS
A. INFORMATIONAL ITEMS:
1. Progress Report on Retail Center Vacancies
None
2. Progress Report on Desert Willow Clubhouse Facility
Mr. Rudy Acosta, Development Manager, announced the project was still on schedule,
and he provided a colored bar chart for Council's review. It was received for the
record and placed on file in the Office of the City Clerk. He said during the
Clubhouse Subcommittee meeting this morning, steel was being erected. Additionally,
he said slab work for the bottom floor in the cart barn, the top slab over the cart barn,
and over the banquet, dining, and entry areas was finished. He said that component
of the project was somewhat ahead of schedule. He then called Council's attention to
the second page of the chart and the red bar denoting structural steel erection, noting
that portion would be completed within 30 days. He estimated the entire cart barn
would also be completed within that same 30 days. At the meeting this morning, he
stated there were some issues identified to be brought before the Desert Willow
Committee, then to the City Council either May 27 or June 10.
23
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Councilman Kelly commented that the Clubhouse Subcommittee members walked
through the project, and everyone felt it was going well. He commended Mr. Acosta
for the fine job he'd done with the project. Mayor Spiegel concurred.
3. Progress Report on Charter City Implementation
Mr. Wohlmuth reported that last week he distributed a copy of the same charter city
information packet which was circulated in late summer 1997. He said it contained
work performed by the Charter City Steering Committee that ultimately resulted in a
draft charter identifying the chapters of the charter and some explanation. He noted
that some of those issues were being addressed; the City Attorney had presented draft
recommendations on proposed changes to the purchasing procedures, and staff was
moving forward. He invited comments about areas which Council felt merited further
review.
4. Status Report on Palm Desert High School
Mr. Folkers stated that yesterday afternoon City representatives Mayor Spiegel,
Councilman Ferguson, Mr. Wohlmuth, and Mr. Mark Greenwood, and Desert Sands
Unified School District representatives Ms. Charlene Timilione and Superintendent
Wilson met to discuss several issues of concern. He said some time ago, Mr.
Greenwood had a meeting with former Palm Desert High School Principal Vince
Downey about removing stop signs on Phyllis Jackson to promote the flow in and out
of the campus. Mr. Folkers said at yesterday's meeting that issue was raised again,
and the District had no problem with the City's proceeding with that action, as it was
within City right of way.
Mr. Folkers went on to say the next issue discussed was widening Phyllis Jackson;
there was currently a tract under development to the west, and the plans provided for
an additional lane southbound, south of the tract's entrance. He said that lane could
either be maximized or minimized, or a fifth lane might be added onto Phyllis Jackson
to provide additional outbound capacity, with the possibility of a reversible program
to ease traffic both in and out. Mr. Folkers said the other item discussed was the
dropped utility poles on the west side of Phyllis Jackson, on the north side of the
street, where there was the possibility of installing a temporary pull -off until the tract
was developed. He noted that the aforementioned items were to be worked through
the City and/or the developer; there would be no cost to the District or the High
School.
The next thing discussed, according to Mr. Folkers, was the provision of a drop-off
lane along the west side of Cook Street, which would require removal or
undergrounding of the existing utility poles, in addition to some other work to provide
the necessary lanes. He said if the utility poles were just moved, it would cost
24
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
approximately $300,000 without the connection to the High School. If the utilities
were undergrounded, he said it would cost approximately $640,000. He noted it was
an expensive undertaking that staff felt would be of definite benefit to the District,
meriting their fair share of fmancial support, which he said they committed to look
into.
Further, Mr. Folkers said there was discussion and staff agreed to review the
possibility of a traffic signal at Fred Smith and Santa Fe. He said raising the south
perimeter wall from six feet to eight feet at an estimated cost of $100,000 was another
issue pointed out to the District as one which might be helpful. He stated an incidental
item would be consideration of slurry sealing the parking lots and driveways, if the
District desired, and staff provided a cost estimate. He said the City more or less
committed to performing the first three items, the others were left open for the District
to find out what resources were available to fund entirely or match.
Mayor Pro-Tempore Crites asked how the idea of reconfiguring the School's parking
was received. Mr. Folkers responded there was talk of faculty parking along the
street, but it didn't receive a lot of discussion; the point was raised that if they had the
connection out to Cook Street, it would provide for better internal circulation to relieve
some of the congestion. In further response to Mayor Pro-Tempore Crites regarding
comparison of the High School to the reconfiguration of President's Plaza parking,
Mr. Folkers said it wasn't really discussed.
Mayor Spiegel commented that while the internal parking was not specifically
addressed, the District and School received the City's plans and committed to
reviewing them. Additionally, he said the District was also reviewing the Middle
School and Lincoln situation because of the need to remodel/enlarge those facilities,
all of which would come back before the Council in a Study Session on May 27.
Mr. Diaz stated staff would attempt to schedule the May 27 Study Session for issues
of Palm Desert High School, Palm Desert Middle School, and Lincoln Elementary.
He said if that was not possible, it would be scheduled for June 10.
In response to Mayor Pro-Tempore Crites' question about the parking reconfiguration,
Councilman Ferguson stated that particular issue had slipped his mind during
yesterday's meeting. However, he felt the District's overall reaction was that it all
looked great, but they hoped the City could pay for it, since all their increment was
committed. Further, he said Mr. Dennis Coleman, RDA Finance Manager, attended
the meeting and offered the District a tax allocation bond against future increment,
which they said was already dedicated to projects in Palm Desert. He said he would
be very interested to find out at the May 27 session exactly how they intended to spend
those funds over the next 15 years.
25
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Mayor Spiegel concluded by stating he felt the meeting went well.
5. Status Report on Kansas Street Targeted Speed Enforcement
Mr. Mark Greenwood, Transportation Engineer, stated earlier today he provided
Council with a synopsis of the Kansas Street targeted enforcement program. He
commented that since mid -March, Kansas Street had been scheduled for five hours of
traffic enforcement per week, actually averaging 3.4 hours per week, pursuant to the
City's Neighborhood Enforcement Program. He went on to say there had been 13
traffic stops and six citations issued. Since the street was included on the Enforcement
Program, he said Public Works had not received any Kansas Street speed complaints.
Councilman Ferguson commented that he and Councilman Kelly had received many
letters about the egregious speed hazards on Kansas Street. However, he said six
citations over a period of time equal to that of the monitoring of Warner Trail, Fairway
Drive, and Haystack, all of which yielded 50+ citations, meant either there wasn't a
problem in the first place, or the stop signs and enforcement were working fine. He
was pleased to see the figures and intended to share them with residents of Kansas
Street.
B. CITY MANAGER
None
C. CITY ATTORNEY
Mr. Erwin requested Closed Session consideration for the items agendized for this meeting,
and he asked for the addition of an item:
Conference with Legal Counsel regarding a License/Permit Application pursuant to
Government Code Section 54956.7:
Number of Applicants: 1
Mayor Spiegel moved to add the aforementioned item of Closed Session consideration to the agenda.
Motion was seconded by Councilman Kelly and carried by unanimous vote.
26
MINUTTS
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
1) Request for Closed Session:
Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: 74-833 Joni Drive, Palm Desert, California
Negotiating Parties:
Agency: Ramon A. Diaz/City of Palm Desert
Property Owner: City of Palm Desert
Under Negotiation. Price x Terms of Payment
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
b) Silver Spur Homeowners' Association v. City of Palm Desert, Riverside
County Superior Court Case No. INC005659
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. Scheduling of 1999/2000 Budget Session with Council and Staff.
Mrs. Gilligan asked Councilmembers to select a date for conducting a budget session
for fiscal year 1999/00. She noted that according to Mr. Gibson, the preliminary
budget would be provided to the Council between May 21 and May 24.
Mayor Pro-Tempore Crites noted that there was a luncheon meeting scheduled for
Friday, June 4, 1999, with all the City's committee and commission chairs.
Following the remainder of the agenda and with Council concurrence, Monday, June 7, 1999, at
8:30 a.m. was selected for the budget session.
27
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action-
1. CVAG/City of Palm Desert Conference Room
(Mayor Pro-Tempore Buford A. Crites/Councilmember Jean M. Benson)
Mayor Pro-Tempore Crites said since he had attended a couple of meetings in
the new conference room, he was extremely disappointed to see the chairs were
already falling apart. He went on to say the arms had fallen off three chairs,
and he understood they were rather expensive originally. He felt a refund
should be demanded rather than attempting repair.
Councilmember Benson asked what staff was doing about window treatments
for the conference room to eliminate the harsh glare and to enable slide
presentations.
Mayor Spiegel asked staff to report back to the Council about remedies for the
furnishings and window treatments.
2. South American Fire Ants (Mayor Pro-Tempore Buford A. Crites)
Mayor Pro-Tempore Crites asked Mr. Diaz and Mr. Folkers to initiate the
review of a program for controlling the spread of South American fire ants.
He said at a report on fire ants was received at today's CVAG Energy &
Environment Committee meeting, also commenting that the City of Rancho
Mirage's park along the wash was already heavily infested to the point that the
park would probably have to be closed. He said the species was akin to the
Africanized honey bees in its aggressiveness and stinging threat to humans, was
known to tunnel under sidewalks and trees, collapsing the sidewalks and
decimating root structures. In the southeastern United States, he said
agriculture was affected with the multiple, foot -high mounds, and more
importantly, golf courses had to be closed in Florida and the Carolinas due to
fire ant issues. He noted Rancho Mirage was already training all of its Public
Works crews to look for the fire ants in utility boxes and irrigation control
boxes, etc., where they're known to nest. He went on to say that CVAG was
reviewing a possible Valleywide program, as was done with PM10.
Council encouraged staff to contact the City of Rancho Mirage about the
measures being taken there.
28
UNUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
3. Charter City Implementation (Councilman Jim Ferguson)
Councilman Ferguson stated he read Mr. Wohlmuth's charter city report, and
he felt there was more to be done to implement the charter's benefits. He said
perhaps it had been unfair to expect staff to unilaterally identify the benefits
and implement them systematically. Therefore, he asked his colleagues'
consideration of reforming the Charter City Steering Committee (many of
whom were former city attorneys) to search whole blocks of the Municipal
Code where the Government Code and various State laws were incorporated to
identify potential for preferable methods of governing the City, according to
the charter. He said the results would be reported back to Council for
systematic implementation.
With Council concurrence, staff was directed to proceed with regrouping the
Charter City Steering Committee.
4. Temporary Banners (Mayor Robert A. Spiegel)
Mayor Spiegel stated that one of the City's major merchants called him to
report a City Code Compliance Officer had notified the establishment that it
was not in compliance because of a sign in front of the store announcing a sale.
He noted the establishment was within a center set back from the street.
Additionally, Mayor Spiegel said the merchant brought his attention to the fact
that the City's own upcoming events banner outside City Hall did not comply
either. He said in his investigation, he found the City was not required to
follow the Code, which he felt unfair; secondly, because it was a special event
that benefitted all, then the Code allowed it, which he also felt unfair. He
displayed pictures of the situation to his colleagues and asked staff and the
Zoning Ordinance Review Committee (ZORC) to look at the existing Code and
revisit the issue, as he felt the City should not be exempt from any regulation
it imposed on its resident businesses. Further, he felt the matter should be
reviewed from the standpoint of a center's proximity to the thoroughfare.
Councilman Ferguson suggested the City be brought into compliance by
removing its banner. Council concurred.
Mr. Diaz stated the City's existing signs were legal. Mrs. Gilligan added that
it was not only the City's signs, but every sponsor of a large event requested
placement of a banner, and they would also have to be refused. Council
concurred the existing banner should be removed.
MR. WILLIAM BLUE, General Manager of Oshman's Sporting Goods, Palm
Desert, said his company was based in Houston, Texas, and he had two issues
29
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
for the Council. First, he lived in the City of Palm Desert, and he agreed with
the existing codes; he felt the City's presentation was very important to its
continued growth and success. He said he was also obliged to operate his
business, and there were several marketing strategies. He agreed that banners
hanging on the outside of the building were unacceptable, but he had a problem
with being told they couldn't be hung on the inside of the glass for a visual
effect, as he felt that was a compromise. He didn't have a problem with the
City's events banner either, it was a viable means for promoting the
community. However, he had to report back to his superior about how the
situation had been rectified at his store. He noted that the sales banner
probably wouldn't make or break his operation, but there were deeper issues
involved-- he had to do everything within his power to make his store
successful. He asked that the Council consider a compromise to its Code and
allow professional -looking banners.
Mayor Spiegel felt Mr. Blue's request was justified, noting he'd asked staff to
look at the issue and return with ideas at the May 27 meeting. He commented
that perhaps a monument sign announcing City events and utilized four or five
months of the summer season would be appropriate, since the present banner
was not in compliance. Councilman Ferguson concurred, stating the City
should lead by example and the present situation could be improved.
o City Council Committee Reports:
None
Upon a motion by Mayor Pro-Tempore Crites, second by Councilman Ferguson, and unanimous
vote of the City Council, Mayor Spiegel adjourned the meeting to Closed Session at 6:10 p.m. He
reconvened the meeting at 7:01 p. m.
XIV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
None
30
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS
With Council concurrence, Councilman Kelly presented to Mayor Pro-Tempore Crites a trophy
from Palm Desert's Sister City Gisborne, New Zealand. He reported the trophy was won by the
City's team 10 to 2 in a golf match with the eight visitors from Gisborne at Desert Willow Golf
Resort last week. He commented it would be a traveling trophy, similar to the Ryder Cup, and he
remarked about its handsomeness and symbolic design. It was placed on display in the cases outside
Council offices.
With Council concurrence and on behalf of the City, Mayor Spiegel and Councilmember Benson
made a special presentation of an engraved crystal obelisk to Toni Graphos in recognition of her
tenure as Chief Executive Officer of the McCallum Theatre. Mayor Spiegel went on to commend
her for the warmth and imagination she brought to the organization at the time it was needed.
Councilmember Benson commented she felt privileged to work with Ms. Graphos and the
McCallum over the last two and a half years; she said the McCallum had truly become the
community's theater thanks to Toni. Ms. Graphos expressed her sincere appreciation for the
recognition and to the City for its support over the past three years.
A. PRESENTATION TO SAPNA PEDMENABHAN, RIVERSIDE COUNTY SPELLING BEE
CHAMPION (Continued from the meeting of April 22, 1999).
With Council concurrence, the presentation to Ms. Pedmenabhan was continued to the meeting of
May 27, 1999.
B. PROCLAMATION DECLARING MAY AS NATIONAL MENTAL HEALTH MONTH
1999.
With Council concurrence, the presentation of the subject proclamation was continued to the
meeting of May 27, 1999.
C. PRESENTATION TO CHRISTOPHER MATTHEW RONDEAU IN RECOGNITION OF
HIS ACCEPTANCE INTO THE UNITED STATES AIR FORCE ACADEMY.
Mayor Spiegel introduced City of Rancho Mirage Councilmember Christine Murphy, who
presented her city's proclamation to Mr. Rondeau in recognition of his many accomplishments
and acceptance into his choice of either the U. S. Air Force or Naval Academies.
MAJOR ALFREDO SANDOVAL, United States Air Force, said he wished to publicly
congratulate Mr. Rondeau on his acceptance, providing impressive statistical information
regarding the stringent criteria upon which it was based. He went on to thank the community,
as Mr. Rondeau was the first Palm Desert student in 10 years to be appointed to a service
academy.
31
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
On behalf of the City Council, Mayor Spiegel then presented a proclamation from the City of —
Palm Desert, expressing the City's pride in such an outstanding young man.
XVI. PUBLIC HEARINGS
A. CONSIDERATION OF AN AMENDMENT TO CHAPTER 25.16.030 OF THE PALM
DESERT ZONING ORDINANCE TO ALLOW OFFICE PROFESSIONAL PARKING LOTS
AS A CONDITIONAL USE WITHIN THE R-1 ZONE WHEN DIRECTLY ADJACENT TO
OFFICE PROFESSIONAL ZONED PROPERTY AND CONSISTENT WITH THE
RECOMMENDATIONS OF AN ADOPTED SPECIFIC PLAN Case No. ZOA 99-1 (City
of Palm Desert, Applicant) (Continued from the meeting of April 22, 1999).
Mr. Steve Smith, Planning Manager, noted the subject consideration was continued from the
last meeting at the request of the Applicant for Public Hearing Item B, the case necessitating
said ordinance amendment. He summarized the staff report for the case, noting that Zoning
Ordinance Review Committee considered the matter at its April 28, 1999, meeting and
concurred with the Planning Commission recommendation. He reported that staff
recommended approval.
Mayor Spiegel declared the public hearing open and invited testimony FAVORING or OPPOSING
the subject zoning ordinance amendment. With no testimony offered, he declared the public hearing
closed.
Councilman Ferguson moved to waive further reading and pass Ordinance No. 9D2 to second
reading, approving a zoning ordinance amendment to Section 25.16.030 to allow office professional
parking lots as a conditional use within the R-1 Zone when directly adjacent to Office Professional (O.P.)
Zones and consistent with Recommendations of a specific plan. Motion was seconded by Mayor
Pro-Tempore Crites and carried by unanimous vote.
B. CONSIDERATION OF APPROVAL OF A NEGATIVE DECLARATION, PRECISE PLAN
AND FRONT SETBACK VARIANCE FOR A TWO STORY 7,500 SQUARE FOOT
OFFICE BUILDING AT THE SOUTHWEST CORNER OF FRED WARING DRIVE AND
ACACIA DRIVE Case Nos. PP/CUP 99-3 and VAR 99-1 (Sean Kearney, Applicant)
(Continued from the meeting of April 22, 1999).
Mr. Steve Smith, Planning Manager, called Council's attention to the drawings displayed in
the Chamber for the subject project, noting this case instigated Public Hearing Item A's zoning
ordinance amendment. He then highlighted the points of interest from the staff report and
stated that the Applicant's architect was in attendance to answer questions. Additionally, Mr.
Smith noted a letter was received from Mr. Edwards at 72-896 Sonora Drive, expressing
concern for the two-story nature of the development.
32
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Councilman Kelly asked, referring to the Sun Life Medical Building, if it too met Code at the
time it was approved. Mr. Smith replied that it met the Code as it existed at that time, it
would not meet the current medical/dental office parking requirement. He went on to say the
requirement had been increased from four to six per thousand, reiterating the condition
imposed on this project which prohibited medical or dental in the building.
Mayor Spiegel declared the public hearing open and invited testimony FAVORING or OPPOSING
the subject cases.
MR. RICK HOLDEN, Holden and Johnson Architects, stated he represented Applicant Sean
Kearney and offered to answer any of Council's questions.
With no further testimony offered, Mayor Spiegel declared the public hearing mud.
Councilmember Benson moved to waive further reading and adopt Resolution No. 99-3.5A,
approving a negative declaration of environmental impact, precise plan of design and front setback
variance for a 7,500 square foot office building at the southwest corner of Fred Waring Drive and Acacia
Drive (Case Nos. PP/CUP 99-3 and VAR 99-1). Motion was seconded by Councilman Kelly and carried
by unanimous vote.
C. CONSIDERATION OF APPROVAL OF A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT AND 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. TT28590
(Southland Communities Inc., Applicant).
Mr. Drell noted the subject case had been approved by the Planning Commission and was
called up for City Council consideration by Councilmember Benson and Councilman
Ferguson, primarily due to concerns about access onto Phyllis Jackson Lane as it related to
circulation problems around Palm Desert High School (PDHS). He said circulation issues were
also paramount at the Planning Commission level, and its main concern was the project's
access. He stated it was originally designed with interior access to Moss Rose Drive, an
internal collector with access to Deep Canyon. He went on to say Moss Rose Drive residents
objected to the project's sole exit on their street and requested an alternative be designed. In
conjunction with the Public Works Department, he said the Applicant agreed to eliminate the
Moss Rose exit and provide only an emergency exit there, primary access would be to Phyllis
Jackson. As part of the project's relation to the High School, he said Phyllis Jackson would
be widened by 15 feet, adding a fifth lane. Additionally, he said to further facilitate parent
drop-off of students at PDHS, the project included a drop-off on Fred Waring, similar to a bus
turnout. With those modifications, he said the project was approved by the Planning
Commission, and staff continued to recommend approval to the Council.
33
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Councilman Ferguson understood why Moss Rose Drive residents didn't want additional cars
on their street. However, he questioned whether thought was given for the already huge
traffic problem on Phyllis Jackson each weekday morning and afternoon and how it would
impact residents on that side of the development. Mr. Drell answered there was consideration
of that fact, but he felt the Director of Public Works and Transportation Engineer could better
address the issue. He said the trade-offs were weighed, and with the additional lane on Phyllis
Jackson, it was deemed to be the appropriate solution.
Councilman Kelly recalled approving the other tract in the area and being given assurance of
connections for future development there without the need for an opening in some other
location. He wondered what happened, remarking that perhaps the City was still in a learning
process over such matters. He suggested imposing a condition so that everyone understood
the commitment was made. Mr. Drell agreed Councilman Kelly raised a good point. He
deferred to the Public Works Director for an explanation of the traffic recommendation.
Mayor Pro-Tempore Crites asked whether staff was certain the amount of space set aside on
Fred Waring would be sufficient to accommodate the future drop-off/pick-up zone intended
for PDHS. Mr. Folkers responded unequivocally that he did not have any certainty. He went
on to say staff was working on a program at the High School to accomplish several things, and
he expected being able to provide extra features to disburse traffic. He said there was a high
number of parents going into the school currently, with a limited number of drop-off spaces
that could be provided along the north side of Fred Waring west of Phyllis Jackson, the reason
staff was working to develop a multi -faceted plan for efficient traffic flow.
Mayor Pro-Tempore Crites further asked whether it would be better to hold the matter until
opinions had been rendered by Mr. Folkers, Mr. Diaz, and the School District about intentions
for traffic circulation rather than approving the subject project only to realim something
different should have been done. Mr. Folkers said a temporary turn -out on the north side of
Fred Waring west of Phyllis Jackson could be provided over the summer since the utility poles
were gone. He said depending on the length of time taken for the subject development, staff
anticipated the "developer drop-off" would not occur until summer 2000. With regard to
Phyllis Jackson Lane, he said the existing plan showed a minimal amount of widening. He
noted the City had the right-of-way and with City resources, the full fifth lane could be
provided all the way to Fred Smith Drive. He went on to say that at the recent meeting with
the District, possibility of three lanes entering in the morning, three lanes exiting in the
afternoon was discussed, which staff was examining for feasibility. In further response,
Mr. Folkers said staff felt it had a preliminary plan.
Mayor Spiegel commented that there was a plan; however, it had not received everyone's
approval. He concurred with Mayor Pro-Tempore Crites' reservations. He advocated waiting
until a decision with the District was made before revisiting the subject project.
34
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Councilman Ferguson concurred, noting there was currently only one avenue of ingress/egress
to PDHS, and under the present proposals being circulated, there could be one to three
ingress/egress points. He said depending on the number of those points, his vote could be
changed about the layout of the 64 lots and their access to Moss Rose or Phyllis Jackson. He
empathized with the developer; however, he felt it was counterintuitive to place more cars on
Phyllis Jackson over a street that carried very few.
Councilman Kelly felt bad that the developer got caught up in something the City should have
taken care of long ago. He was very concerned for the amount of time it might take to reach
agreement with the School District while this project was held up.
Councilman Ferguson suggested having the developer return to his original proposal with
ingress/egress off Moss Rose Drive, which would alleviate his concerns about the school.
Mayor Spiegel reiterated his point about the successful meeting with the District, and he felt
the solution could be found in the very near future. He knew this was an important
development to the City, and the desire to accomplish it in the right way might force a quicker
decision.
Mayor Spiegel declared the public hearing open and invited testimony FAVORING or OPPOSING
the subject development.
MS. MARY ANNE PARADISE, Southland Communities, presented a packet outlining the
three access choices to each Councilmember. She said the Moss Rose entry was her firm's
first choice, and they would be happy to return to that option, but they yielded to objections
expressed by area residents. She said with the help of Planning staff, her firm went on to
choice number two, Phyllis Jackson; the third was a right hand turn onto Fred Waring only.
She also proposed that the drop-off point be extended from 200 feet to in excess of 500 feet,
noting it wouldn't be as large with the Fred Waring right hand turn as it would with the other
two scenarios. She offered to answer questions and to continue to work with staff for an
amenable solution.
Upon question by Mayor Spiegel, Ms. Paradise answered they intended to break ground as
soon as the site plan was decided, approximately September or October. In further response,
she stated her firm's preferred option for access was Moss Rose. She offered that her firm's
engineer was also present to answer questions.
Councilman Ferguson asked whether the parcels penciled in to the right of Moss Rose Drive
were to scale on the drawings just presented. He was answered affirmatively. Further, he
asked Mr. Greenwood about the 11'E trip generation per home in residential and was answered
10 per home, which he calculated was 640 cars on a street that currently carried around 100
per day.
35
flNU ES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Mr. Mark Greenwood, Transportation Engineer, responded to Councilman Ferguson's inquiry
about the residential surface street "A" service rating by stating on a two-lane street it
amounted to approximately 10,000 vehicles per day. However, he said on residential streets,
level of service wasn't so much the criteria as was quality of life. He went on to say that
generally on residential streets, volumes of 1,000 or less per day were considered in the
acceptable range by most residents.
MR. KEVIN RICHER of LDDC, engineers for the project, said he wished to reaffirm some
of the decisions which went into the previous designs. He said the first option showed access
to Moss Rose with an emergency access to Phyllis Jackson, in order to stay away from high
school traffic. He said the Planning Commission indicated that there would be quite a bit of
disagreement to that proposal by the neighboring community on the north side of Moss Rose
because of the resulting increased traffic. Therefore, he said prior to the Planning
Commission meeting, the project was redesigned to access off of Phyllis Jackson, while at the
same time looking at a possible Fred Waring access restricted to a right turn only because of
the thoroughfare's size. He stated that between staff and his office, it was decided that Phyllis
Jackson offered the best access, including widening it to a fifth lane and adding the drop-off
lane, which his research showed was previously requested. As it stood now, he felt the fifth
lane would alleviate some traffic concerns; traffic entering and exiting the tract would be
opposite traffic flow in and out of school, especially in the morning.
MR. MORTON BIEREUX addressed the Council, stating he was the developer of Waring
Court, directly across the street from the proposed project. He said his project included 16
lots, of which nine had been sold and he anticipated developing the remainder in the near
future. Since the beginning of his project and through the sale of its homes, he said
prospective buyers were very concerned about Phyllis Jackson traffic created by the school,
not to mention the concern of the residents in the nine existing homes. He felt an additional
64 homes with Phyllis Jackson access was a great mistake unless there could be one-way
traffic into the school that exited onto Cook. He had no other objection to the project, he
looked forward to its development.
Councilman Kelly asked Mr. Biereux how his existing homeowners or potential buyers would
feel if they had right turn in/right turn out on Fred Waring instead of Phyllis Jackson.
MR BIEREUX said originally his project wanted to create that type of entrance to the project,
but at that time the City somewhat recommended Phyllis Jackson instead, which he regretted.
He felt it would be a worthwhile alternative to Phyllis Jackson.
MR. TODD FILPULA, 74-560 Moss Ross Drive, Palm Desert, said he wished to address
Councilman Ferguson's comments regarding 100 cars per day. He said that was true right
now, but in looking at the area, there were currently three phases of the Palmira development
in process, in the future Canyon Crest would go up to the east, and with the subject project,
a significant traffic increase would occur-- more than 100 cars. He said in terms of the Phyllis
36
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jackson access, it was his view that while Phyllis Jackson was congested, it was only for short
periods of time, at the beginning (7:30 a.m.) and ending (2:35-3:00 p.m.) of each school day.
He said as the developer pointed out, the traffic flow in and out of the new development would
be running contrary-- school traffic coming in, residents going out, and due to the early
release time of PDHS, traffic would be long gone before residents returned home from work.
Therefore, he spoke in favor of the plan proposed by the Planning Commission at its last
meeting, noting he'd submitted a letter to that effect and appreciated the developer's looking
at it. He felt the right out/right in on Fred Waring was an acceptable alternative.
MR. MARIO HERNANDEZ, 74-530 Moss Rose Drive, Palm Desert, agreed with Mr.
Filpula's comments. He added that if there was a potential problem on Phyllis Jackson, he
didn't feel the answer would be to dump it onto Moss Rose Drive, creating another problem
there. He thought the developer's third suggestion should be examined or another entrance
into the High School from Cook Street. He noted that there were two gates into Palmira, one
off Moss Rose Drive, and if Canyon Crest came all the way around, there would be traffic
coming down Moss Rose into Canyon Crest; the subject development would add that much
more. He didn't know what numbers constituted how many cars per day were acceptable, but
he felt the present peaceful situation was acceptable; he didn't want it to change.
MS. WILLA INGR SON, 74-560 Moss Rose Drive, said she was also present at the Planning
Commission hearing where the issues regarding this development were considered. She
wished to reiterate the comments made by Mr. Filpula and Mr. Hernandez. She said when
they talked to the Planning Commission, they were informed that given the 10 car movements
per day per household, they could expect in excess of 1,000 car moves per day on Moss
Rose— a considerable increase from the present situation. She went on to say that prior to the
purchase of her house, she checked with the City about developments and was informed of the
Canyon Crest development, how it would increase the traffic, and it was acceptable.
However, at that time she said no indication was given that Moss Rose would be the only
access for any future development, and she was concerned about Councilman Kelly's
comments that it was discussed at a prior Council meeting of which she wasn't informed.
With no further testimony offered, Mayor Spiegel declared the public hearing closed
Councilman Ferguson stated he had no qualms with the development, architecture, layout,
subdivision, or lot sizes; he felt it all looked fine. He said the question boiled down simply --
where did the Council, as it allocated benefits and burdens of land uses amongst its residents,
want to channel the flow of 640 cars per day-- onto a major arterial of 40,000, onto a feeder
street of about 10,000 trips per day, or on a surface street that could accommodate 7,000 cars
per day that currently had about 100. He didn't begrudge the residents of the street for
wanting to keep it quiet, but he didn't know of any Palm Desert resident who would answer
yes to the question of wanting more traffic on their street. Nonetheless, he said Council was
the body charged with distributing traffic in an orderly, fair fashion. He asked Moss Rose
residents to think about residents on the other side of Phyllis Jackson and their daily burden.
37
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
After analyzing the situation, he concluded the developer's first option, as presented at this
meeting, was the most logical, not the most popular one.
Mayor Pro-Tempore Crites said he was still not ready to cast a vote either way until he knew
what was to be done about high school traffic. He said it could end up that Phyllis Jackson
would be acceptable, given a number of other things; it could be that any of the options
would be acceptable, but he first needed that information. He agreed with Councilman Kelly
that the issue should not drag on over the summer. However, if answers from the School
District were expected to be received within a month, he wanted them before casting a ballot.
Councilman Kelly said regardless of his earlier statement about previous comments, the
Council was attempting to ensure a complete community in that area with one access to protect
traffic. On the other hand, he said after it wasn't done properly, it would be unfair to add
600+ cars per day to a street that didn't have them today. He assumed a median would have
to be installed in order to provide for the right in/right out on Fred Waring.
Mr. Folkers responded affirmatively, it would be something similar to what had been done on
the north side of Highway 111.
Councilman Kelly felt eventually, most of those people would be out on Fred Waring anyway,
so why not put them on quicker. He didn't feel there was a problem utilizing Fred Waring;
if they were put onto Phyllis Jackson, they'd end up there. He agreed with the comment that
there might be some overreaction involved regarding the School's traffic, because it was a
short period in the morning and a short period at night; otherwise, there were adequate
facilities, citing his own daily delivery of students to the campus in the past few years. He
noted some streets received heavy traffic all day long and didn't feel Phyllis Jackson as large
a problem as some of his colleagues. He advocated moving ahead with a decision based on
what was known, as he thought Phyllis Jackson could be changed much. Now that the City
had gone as far as it had with development in that area, he felt there should either be a right
in/right out on Fred Waring or to take it off of Phyllis Jackson.
Councilmember Benson agreed with Councilman Kelly about the choice of Fred Waring. She
could not see putting it onto Phyllis Jackson, noting the problem would probably get worse
before it got better, and she didn't want Moss Rose residents to come back next year to request
neighborhood controls.
Mayor Spiegel commented from his standpoint, he didn't have a problem with Fred Waring
drive; he had a problem with Moss Rose. He hoped an agreement with the School District
would be in hand within three or four weeks so that the City would be able to widen Cook
Street just above the wash to provide an access to the High School from Cook. He said if that
occurred, he felt most of the students who drove, juniors and seniors, would enter from Cook
rather than Phyllis Jackson. However, it was not agreed upon yet, and if he had to vote
tonight, he'd agree with Councilman Kelly on Fred Waring.
38
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Councilman Ferguson asked staff why Fred Waring was not a preferable option. Mr. Folkers
responded that the issue with Fred Waring was good access-- it was impossible for motorists
to make a left turn if they were traveling eastbound, due to the congestion-- two left turns in
a short distance presented difficulty. He said with the right in/right out, the frontage would
be broken up, resulting in decreased area for drop-off, although he said they could do their
best to get it. Councilman Kelly suggested the student drop-off lane could become the
deceleration lane all but one hour of the day. Councilman Ferguson felt it was disingenuous
to say it was a 30 minute problem both morning and afternoon, noting he took his son to play
Little League and soccer, there were high school activities, and he felt it was a continuously
used road.
Mayor Spiegel concurred. He felt a Cook Street access to PDHS was close, and if that
occurred, a five -lane Phyllis Jackson was no problem. Councilman Ferguson suggested
continuing the matter two more meetings so that further discussion with the School District
could occur, and if one or two more High School exit points could be obtained, perhaps with
a median and, as had been suggested, a one way in/one way out on Phyllis Jackson, the
problem went away.
Mr. Erwin asked what time line existed for streamlining permits. Mr. Drell said he was
concerned for the time line surrounding the need for the decision on this appeal. Mr. Erwin
responded the hearing had to take place within 40 days, but there was no time limit on the
decision.
Mayor Spiegel asked the Applicant whether she was amenable to delaying a decision to the
June 10 meeting, adding the project would go through; it was only a matter of which of the
three access options would be selected.
MS. PARADISE expressed her concern for potential delay in the School District's reaction,
which would delay her project considerably.
Councilman Ferguson assured Ms. Paradise of a final vote on June 10, noting that if the
School District was less than fastidious about its consideration of the matter, she would receive
a decision that didn't take into account the District's willingness to assist. Mayor Spiegel
added he would direct staff to contact the District tomorrow and inform it that the Southland
development was being held in abeyance until an agreement was reached about access to the
High School.
MS. PARADISE agreed to the proposal.
In response to Mr. Erwin's question about her official capacity with the firm, Ms. Paradise
responded that she was Vice President of Forward Planning and Acquisition and had the
authority to agree to such an extension. Council commended Ms. Paradise for her efforts in
designing various options for consideration and her professionalism in presenting same.
39
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Councilman Ferguson moved to continue consideration of Case No. TT28590, including reopening
the public hearing, to the meeting of June 10, 1999, so that issues of traffic circulation at Palm Desert
High School, as they related to the subject case, could be settled prior to final approval of the project and
directed staff to establish such a meeting with Desert Sands Unified School District to accomplish same.
Motion was seconded by Mayor Spiegel and carried by unanimous vote.
D. REQUEST FOR APPROVAL OF THE SALE OF MOBILE HOME LOT NOS. 107
(APN 622-351-107-5) AND 118 (APN 622-351-118-5), LOCATED AT 43-155 PORTOLA
AVENUE (PORTOLA PALMS MOBILE HOME PARK) AT FAIR MARKET VALUE
(JOINT PUBLIC HEARING WITH THE PALM DESERT REDEVELOPMENT
AGENCY) .
Mayor/Chairman Spiegel declared the public hearing open and invited testimony FAVORING or
OPPOSING the subject sale. With no testimony offered, he declared the public hearing cloud.
Mayor Pro-Tempore/Vice Chairman Crites moved to: 1) Waive further reading and adopt City
Council Resolution No 99-42 authorizing Palm Desert Redevelopment Agency to sell mobile home lot
number 107 (APN 622-351-107-5) and number 118 (APN 622-351-118-5) located at 43-155 Portola
Avenue (Portola Palms Mobile Home Park) at fair market value; 2) waive further reading and adopt
Redevelopment Agency Resolution No. 370, 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 Councilman/Member Ferguson and carried
by unanimous vote.
With Council concurrence, Mayor Spiegel suspended the agenda at this point in order to
consider Public Hearing Item F. Please see that portion of the Minutes for discussion and
action.
E. CONSIDERATION OF AN APPEAL TO A DECISION OF THE PLANNING
COMMISSION APPROVING A REQUEST BY TRAVIS ENGINEERING FOR APPROVAL
OF A CONDITIONAL USE PERMIT FOR A MASTER PLAN OF DEVELOPMENT FOR
A DRIVE-THRU (JACK-IN-THE-BOX), CONVENIENCE STORE, GAS BAR, MINI
STORAGE FACILITY, A PRECISE PLAN OF DESIGN FOR THE JACK-IN-THE-BOX
RESTAURANT (INCLUDING DRIVE-THRU), CONVENIENCE STORE AND GAS BAR,
AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES
THERETO FOR PROPERTY AT THE NORTHWEST CORNER OF WASHINGTON
STREET AND COUNTRY CLUB DRIVE APN 607-070-017, 78-078 COUNTRY CLUB
DRIVE, Case Nos. MP/CUP 99-1 and PP 99-4 (Travis Engineering, Applicant).
Planning Manager Steve Smith stated the subject matter was before Council as the result of
an appeal by Councilmember Benson and Councilman Ferguson. He said the matter was
before Planning Commission on April 6 and received approval after considerable discussion
over left turn movements exiting the site and the appropriateness of beer and wine sales from
40
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
the convenience store that was in the same building as the Jack -In -The -Box (JIB) outlet. He
said it was approved with the prohibition of left turns exiting the site, in addition to a series
of other conditions. He concluded by stating staff recommended approval.
Councilman Ferguson noted there were four uses proposed for the site-- storage, gasoline,
convenience store, and a JIB. He asked which of the four were only allowed in the freeway
overlay zone. Mr. Smith said the drive -through restaurant, the storage, and the gas station
within 500 feet of another station, as there was a Mobil station across the street.
Councilman Ferguson went on to say that the City's Municipal Code Chapter 25.108.010
stated that in order to get approval of uses permitted only in the freeway commercial overlay
zone, they must comply with the standards of the freeway commercial overlay zone. He went
on to say that Chapter 25.108.030 B. said that property to be master planned shall be at least
five acres in size, and he noticed the subject proposal was only 3.99 acres. He wondered how
the requirement was avoided.
Mr. Smith responded that requirement was discussed when it was reviewed by the Zoning
Ordinance Review Committee (ZORC), and the four -acre parcel on the corner was recognized;
however, the parcel preexisted the ordinance. He said the overlay district could have been
adopted except that four acres, but ZORC decided against that, and it was applied to the site.
In response to Councilman Ferguson's further question, Mr. Drell responded the four -acre
parcel was enumerated in the ordinance as being included in the district; it was shown on the
exhibit to the ordinance. He went on to say it was not uncommon throughout the zoning
ordinance to find individual parcels within a zone that were smaller than the minimum
requirement; it was recognized that the parcel was created at its size, and the use was still
appropriate. However, he explained that no further parcel subdivision that created more of
these situations would be sanctioned, but since the parcel under discussion met all the
locational criteria and it had substantial size at the time the ordinance was adopted by Council,
the decision was made based upon its adherence to all the other criteria that it was appropriate
to designate it with the overlay.
Councilman Ferguson asked if three of the four uses in the subject case existed on 1.5 acres.
Mr. Smith replied that they were proposed to exist on the southerly piece of the property--
67,000 square feet. Further Councilman Ferguson questioned whether the amount of open
space to be associated with the JIB component of the project was 15 %. Mr. Smith said the
Applicant indicated 29,500 square feet of the 67,000, so he thought it was roughly 37%.
Councilman Ferguson said there was a line in the blueprint that stated net JIB landscape area
25,261, or 15%, and net storage facility landscape area 29,558, or 17%, for a total of 32%,
if he understood it correctly. Mayor Pro-Tempore Crites said he thought it was 15 % of the
total land mass.
41
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Mayor Pro-Tempore Crites asked whether Councilman Ferguson was going to address the
issue about what especially would be returned to the City out of this type of zoning.
Councilman Ferguson said he was, but he thought the public hearing should be opened first;
he raised those concerns with JIB and wanted to allow them an opportunity to comment.
Mayor Spiegel declared the public hearing open and invited testimony in FAVOR of or OPPOSED
to the subject item of business.
MR. CARL HOY, Travis Engineering, 12-453 Lewis, No. 201, Garden Grove, CA,
addressed the Council. He represented Foodmaker and had the pleasure and opportunity to
go through the City's process with the Architectural Review Commission (ARC), the Planning
Commission, and now the City Council. He had reviewed the staff report and concurred with
all the conditions presented therein, including an additional condition of approval that was
presented to them this evening prior to the meeting. He said they respectfully requested
Council's approval after having been able to meet with each Councilmember and
review/investigate some of the comments and concerns that each raised. He said there were
a few points that they wished to elaborate on, the first being density of the project. In that
regard, he said they had analyzed all of the development standards in the City's Municipal
Code and, as was stated on pages 5 and 6 of the staff report, felt they exceeded the minimums.
He went on to say the comment was made that the project, its layout and design, was based
on minimum allotments and setbacks, noting that pages 5 and 6 also contained the Code
requirement chart identifying that was not, indeed, the case. He said typically a project of this
nature, and they did have numerous locations in Southern California, even in the desert area,
where such a project was going onto a site substantially smaller than the proposed. In
designing the project, with the requirements and comments through the process of ARC and
the Planning Commission, they felt the space allotted and the density utilized on it exceeded
their typical standards for a project of this nature and that the allotments given for setbacks,
spacing, landscaping, height requirements, and building setbacks would lead to a project that
satisfied the development codes and the project's true nature. He said JIB/Foodmaker, the
parent company, would own and operate all functions, except the storage center, on the
property; it would not be operated by an independent operator who would run everything but
the restaurant. Additionally, he said there was a concern over the landscaping appearance and
how the site would be buffered from public view on Country Club and Washington. He said
because of the elevation change on Washington, it was a hard item to address; but they had
looked at the site plan and prepared some sketches in response to one of the main concerns for
the visibility of the drive -through lane relative to Washington. He said they also had materials
available tonight, if Council wished to see them, that presented a line of sight exhibit, clearly
showing that the bulk of the site, the building, the parking, and drive -through lanes, would
be obscured from view from Country Club in both directions. He felt the site had been
modified to address concerns raised by all three parties and hoped in doing so, responding to
all the conditions of approval, the Council would see the effort they'd made to design a project
to its satisfaction. He added there were representatives of many of Foodmaker's operations
(real estate, construction, etc.) in attendance to answer questions.
42
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Upon question by Councilman Kelly, Mr. Hoy then presented the landscape renderings he had
described. Mr.. Hoy explained that in those exhibits, the top one represented landscape
mounding of three feet; the bottom one represented a four foot mounding, noting the question
had been raised about the adequacy of three feet under the conditions of approval. He
described the plan with the west and east bound traffic on Country Club, the sidewalk area,
24 feet of landscaped mound area, along with the landscape treatment proposed on the
landscape plan, the parking area with two-way drive aisle, parking directly adjacent to the
store building, the building itself, and the drive -through lane, and landscaping on the outside
of the drive -through lane.
Councilman Kelly asked why the Applicant felt there was nothing that could be done about
the view from Washington. Mr. Hoy said through the ARC, the project was required to
landscape heavily the base of the sloped area off Washington and the area seen on the drawing
that was directly to the left of the drive -through lane with several large trees. He said ARC
also required a large landscape area just outside the drive -through lane.
MR. CARL KARCHER, 72-875 Fred Waring Drive, Palm Desert, commented on the City's
position relative to drive-throughs, noting he'd done business in the City for many years
without a drive -through. He said years ago he looked at the possibility of building on the
City's fringe prior to the drive -through ordinance, and recently there were some exceptions
-- made for drive-throughs in certain freeway designated areas. He stated he was under the
impression that it had to be part of a 12-acre development, and more recently he heard it was
now a five -acre development. He was concerned that if the City was going to change its rules
every few years, that was too frequently. He agreed with Councilman Ferguson's comments
that this was a 1.5-acre development on a four -acre parcel with storage thrown in that might
never be developed. He asked Council to clarify for those in the industry what the guidelines
would be so they could plan accordingly.
With no further testimony offered, Mayor Spiegel declared the public hearing closed.
Councilman Ferguson said in response to Mayor Pro-Tempore Crites' earlier question prior
to opening the public hearing and to address Mr. Karcher, Councilmember Benson and he
called the subject item up on appeal. He said it was no fluke; they were two of the people,
along with Tim Bartlett, who sat on the Comprehensive Zoning Ordinance Review Committee
and spent numerous hours drafting the freeway overlay. He said in response to the
improvements made on the Cook and Washington Street interchanges, it was an attempt to
take advantage of the freeway access by providing assistance to travelers through the Valley,
encouraging them to exit at Palm Desert and stay awhile, hopefully drawing them farther into
the City. He said a number of uses which had been previously prohibited in the City's history
were allowed, drive-throughs being one, noting he fully supported their prohibition in Palm
Desert; but was willing to accept a trade-off for the benefits to be gained from the freeway and
from developers of such projects that wouldn't be available otherwise. He felt the 12 acres
came into play because the applicant, Katrina Heinrich, had a development of that size she was
43
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
master planning; her property was used as the prototype. He didn't feel 12 acres were
specified in the ordinance, five acres were. He felt there was a threefold benefit to the City:
1) A larger requirement for dedication of open space, and that particular project identified a
large, grassy, park -like setting with fast food on the perimeter and gas stations for families to
rest in and enjoy; 2) berming was required around the site to ensconce that small community
so it looked like an oasis to passersby; and 3) ease of access to the I-10. He didn't recall
allowing the subject four -acre parcel in the overlay, which didn't mean it wasn't done, nor did
it mean he had to go along with it. He said he told JIB representatives that he felt it was an
intense use, and most of the open space was interspersed between storage buildings; it wasn't
a park: like setting, the mounding was insufficient to obscure the use in question, and there was
no ease of access to I-10 (travelers had to make a u-turn to get back on), and all that was left
was a drive -through with a convenience store selling beer and wine and a gas station jammed
onto 1.5 acres. He said none of the previously mentioned benefits were gained and the reason
he felt it should be appealed, even though he had much respect for the Applicant's
corporation. Additionally, he was uncomfortable approving a 3.9 acre site when the ordinance
specified five.
Councilmember Benson concurred, noting she recalled discussing the parcel but never
imagined it would be used under the overlay. She said at the time, it was slated for only
storage which was thought to be ideal. She too felt the subject case was trying to put too
much on too little.
Councilman Kelly agreed, citing the development located diagonally across from the proposed
was also too crowded. He said he would look for something that was an upgrade, but he liked
the looks of the building and wished it was on a larger setting.
Mayor Pro-Tempore Crites commented he had another issue. He was not enthused about
placement of a gas station on every corner of an intersection; over the years those were also
dispersed with one, maybe two on a corner at the most. He said that possibly unlike his
colleagues, the sight of storage units out there also wouldn't warm his heart when driving into
the City of Palm Desert. He wouldn't mind all the storage units disappearing and the present
configuration ending up in something more expansive. He understood JIB was developing
such projects on smaller areas in very nice communities, and he didn't quarrel with that; he
hoped the City wouldn't question its wisdom in turning this project down, even though he was
comfortable doing so.
Mayor Spiegel said he liked Jack -In -The Box, he liked Carl's; however, he would like the
developer to revisit the project-- it looked like six pounds in a three pound bag.
Councilman Ferguson asked whether the Applicant was interested in a continuance to thin out
the uses somewhat, to which the response was negative.
44
N NUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Councilman Ferguson moved to affirm the appeal and deny the conditional use permit for a master
plan of development for Case Nos. MP/CUP 99-1 and PP 99-4. Motion was seconded by Mayor
Pro-Tempore Crites and carried by unanimous vote.
F. CONSIDERATION OF AN APPEAL BY THE DAMONE GROUP TO A DECISION OF
THE PLANNING COMMISSION DENYING A REQUEST FOR APPROVAL OF A
PRECISE PLAN/CONDITIONAL USE PERMIT FOR A 60 BED SENIOR ASSISTED
LIVING COMPLEX ON 3.77 ACRES OF PR-5 (PLANNED RESIDENTIAL FIVE UNITS
PER ACRE) ZONED PROPERTY AT THE SOUTHEAST CORNER OF MONTEREY
AVENUE AND HOVLEY LANE (APN 622-020-069) 73-055 HOVLEY LANE Case No.
PP/CUP 99-2 (The Damone Group, LLC, Applicant).
Councilman Ferguson noted for the record that he was unable to participate in a vote on this
action, as he legally represented the broker in the matter on a totally unrelated issue but was
advised to abstain by the City Attorney.
Mayor Spiegel stated he realized most of those in attendance regarding the subject cases were
homeowners opposed to the project. Therefore, he asked that comments be limited to five
minutes, which would be monitored by Mrs. Gilligan, and she would hold up cue cards stating
when one minute remained and when time was up. Secondly, he respectfully asked that if the
sentiment of the speaker's remarks had already been stated, redundancy should be held to a
minimum.
Mr. Steve Smith, Planning Manager, summarized the prepared staff report contained within
Council's packets, noting that the plan before Council at this meeting complied with all the
requirements of the Municipal Code. Further, he stated a residential care facility was a
permitted use within a planned residential zone-- the site was zoned planned residential (PR),
five units per acre, as were all the other parcels on Hovley Lane. He went on to say that uses
permitted in the planned residential zone were single family homes, apartments,
condominiums, town homes, planned unit developments, churches, schools, and recreational
vehicle parks (subject to a conditional use permit); the zone category permitted a wide range
of uses. He said the subject type of care facility had become fairly common located on the
edge of residential areas, serving as a buffer from the arterial street noise to the single family
residential. He acknowledged the considerable amount of written correspondence; all that
which was sent to the Planning Commission was forwarded to Council, as was any received
specifically for this hearing.
Mr. Smith stated staff reviewed all the comments received, and responded/explained its
response to those concerns, as outlined within the subject staff report. He noted that he had
distributed a copy of the Municipal Code relative to the findings which were necessary for the
Planning Commission and/or the City Council to affirm before granting a conditional use
permit; there were four, and they all had to be affirmed: a) That the proposed location of the
conditional use was in accord with the objectives of the title and the purpose of the district in
45
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
which the site was located; b) that the proposed location of the conditional use and the
conditions under which it would be operated or maintained would not be detrimental to the
public health, safety, or welfare, or be materially injurious to properties or improvements in
the vicinity; c) that the proposed conditional use would comply with each of the applicable
provisions of the title except for approved variances or adjustments; d) that the proposed
conditional use complied with the goals, objectives, and policies of the general plan.
Mayor Spiegel declared the public hearing open and invited testimony FAVORING or OPPOSING
the subject project.
MR. DAVID LUTICH, Development Manager for The Damone Group and residing at 7955
East Chaparral Road, No. 15, Scottsdale, AZ, said he originally presented the project at the
Planning Commission, and it had since received numerous changes to address the concerns of
its prospective neighbors. He expressed his appreciation to Messrs. Drell, Smith, Planning
Department staff, and that of related departments for their assistance. He stated that The
Damone Group was the development manager and would be the builder of the project; it had
been a development partner for approximately 12 years with Altera (formerly known as
Alternative Living Services), which would be the ultimate owner/operator of the residence.
He said in that time period over 50 similar residences had been built throughout the country,
with over 30 in development (most of which were in California). He went on to say that
Altera had 17 years of experience in the assisted living industry, and for 15 of those had
specialized in development and operation of residences catering to the needs of older adults
suffering from memory impairment, such as Alzheimer's and related dementia. He said they
developed the concept of free standing, purposely -built residences in their mission to provide
a homelike environment that promoted choice, independence, and aging with dignity; they
preferred to build their residences in high -end residential settings rather than commercial
areas. He noted Altera was the country's largest provider of such services, a publicly traded
entity, with an extensive amount of resources devoted to the care of older adults. He said the
organization retained a professional advisory board consisting of industry leaders, including
the president of the National Alzheimer's Association, and was integral in the development
of the model catering to affected adults.
MR. LUTICH outlined the project, consisting of 46 rooms with the ability to house up to 60
residents. He pointed out on the displayed site plan the changes which had been made. He
said parking had been disbursed so that it was closer to Monterey Avenue in an effort to avoid
traffic noise generation, and the building was moved 10 feet towards Monterey Avenue to
create additional buffer for the single family homes behind the project. He noted that the
original plan called for deliveries being made an additional 90 feet closer to the single family
residences, and they had been stubbed off to mitigate impact. He said additional concern was
expressed that even though the stub was created, deliveries would still be made to the rear of
the building, and delivery personnel would tend to wander off the path and violate the privacy
of neighboring residences. He said staff suggested, and his firm concurred with the creation
of an additional landscaping buffer with trees that would not obstruct residential view and a
46
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
variety of thorny bushes for protection. He answered that with regard to safety of the
project's residents, there was a security system to restrict access to the building without a
code, and staff was trained to manage the system and handle any unauthorized exit. He said
due to their memory impairment, residents would not be allowed outside the building without
an escort by staff or family member, and to further enhance security, the City proposed
additional fencing and a gate surrounding the entire project. Additionally, he pointed out that
each of the buildings included an interior, fully secured courtyard allowing residents access
to the outside while within the secure confines of the building, and the circular path around
the courtyard provided an excellent exercise path. He said there were also two exterior gated
courtyards.
MR. LUTICH felt one other concern expressed by neighbors was traffic generation, which
was addressed by Mr. Smith's report stating the subject project would generate 15-25% less
traffic than comparable single family homes, and his firm's experience had shown even
significantly less traffic as compared to single family homes. He went on to share that Altera
proposed such a project as it identified a need for this type of care in the Palm Desert area,
and there were several factors which figured into selection of the proposed site. First, he said
was its attractive setting; second, was the fact that over 70% of residents in such facilities had
lived, or had an adult child living within seven miles, and the Monterey location allowed ease
of access for those families. He felt it was understood that the population was aging, and
— older adults suffering from such a debilitating disease had the right to live in a pleasant
residential setting; in the past, there were only home care or skilled nursing environments,
none tailored specifically to Alzheimer's and related ailments' patients. Therefore, he said the
assisted living movement had provided the proposed social, residential model versus a medical
model as an alternative location for residents to live in a socially stimulating environment,
residential in look and feel, to help slow the aging process and debilitation of Alzheimer's
disease. In response to the concerns for the decline in values of neighboring properties, Mr.
Lutich highlighted the fact that the proposed project was a high -end building with uniform,
pleasing architecture meant to blend well with its surroundings, and outside the 31,000 square
feet of building, the balance of the parcel represented 60% open space with uniformly
maintained landscaping. He felt its residents would be low impact, benign users, who would
be good neighbors. He concluded by offering to answer any of the Council's questions.
MR. MARVIN ROOS, Director of Planning Services for Mainiero, Smith and Associates,
777 East Tahquitz Canyon Way, Palm Springs, CA, the planning and engineering firm
representing the subject project, said as someone in the planning field for 30 years with much
experience dealing with controversial public hearings, he hoped some of the questions raised
by staff and residents had been answered. He stated the proposed facility would sit on a site
which met the criteria of special use permits for single family and PR -type properties in Palm
Desert and throughout Southern California. He elaborated by stating Monterey was a heavy
thoroughfare with a signalized intersection coming about at Hovley, it helped to buffer the
existing single family areas, and at the same time, it provided a high quality design, 70% open
space, wrought iron fence in pilaster condition along Monterey which would complement
47
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Monterey Country Club to the south. He said the building was sited on the diagonal so there
would be no square building face abutting any one residence, the pad had been lowered and
there were hip roofs to coincide with the height of the single family structures, now also
further away than any single family unit would be. He stated in reviewing the site line
studies, it could be seen that single family homes would be closer and higher at that location
than the subject project, noting they would be higher because his firm provided the grading
plan for Calafia Road, and to get the flow for sewer, etc., the exact condition would have
probably been mimicked, and those lots would have stepped down. He said in the subject
instance, the lowest case house was selected, and the building was set at that location rather
than at the higher location. He noted that Wayne Connor, local landscape architect, had been
selected to provide the first study in the original plan, and the revised hadn't been done yet,
but he knew it would be very sensitive. He commented that the City's zoning ordinance stated
that institutional facilities, such as the proposed, were ideally suited for conditional use permits
on the subject type of site, and he hoped that some of the residents' aggravation sensed
previously and anticipated for this hearing was due in part to the overly successful church
down the street on Hovley. He noted that with the church's future move, traffic would be
lightened, and the signal would also alleviate frustration. In his over 30 years of experience
with the subject type of facility, he'd never had a complaint, never seen a service truck, only
occasionally emergency medical services at the front door, which was a fact of life for an
aging population. He felt the Applicant was a high quality operator to serve the needs of Palm
Desert residents, and he offered to answer questions.
MR. TIM BARTLETT, 73-382 Salt Cedar Street, Palm Desert, spoke as the Realtor for the
subject project. He felt it impacted the surrounding 10 homes; however, when compared to
the impact of 19 single family homes on the neighborhood, the assisted living facility was like
giving away the front and back yards of those 19 homes to a park -like setting, cutting them
in half and putting them together in the middle of the site. He said the first three homes on
Calafia would look at a park -like setting, the last three would also look at a park -like setting,
noting two homes in particular would be very much impacted, closest to the building some
30 feet away. He felt it had been shown that the project's design would be less impact than
single family would be to those two homes, but the balance of the street had a far less impact,
citing less traffic and less noise. He then referred to other similar facilities which were the
subject of much opposition going in due to their proximity within single family residential
neighborhoods, but received no complaints since they were built: the Foundation for the
Retarded of the Desert, FitzHenry Funeral Home, Joslyn Cove Senior Center, Carlotta, and
Hacienda de Monterey.
MR. DAMES D. BROWN, 40-780 Avenida Calafia, Palm Desert, said he had resided there
for one year and understood the church was there when he acquired the property, as would
there be additional single family dwellings. He noted his mother resided in an assisted living
facility which was not within a residential area but an isolated area. He did not object to the
project's mission, but objected to the devaluation of his property by virtue of the presence of
48
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
delivery trucks and other non -cosmetic activities involved with the project like ambulances,
which two appraisers told him in their opinion would result in some discounting.
MR. WHIT MARKOWITZ, 40-885 Avenida Calafia, Palm Desert, stated that pursuant to
Mr. Bartlett's remarks, he would be one of the most impacted homes on Calafia. He said
aside from the devaluation of his property, he felt it would negatively impact his lifestyle and
his well being because of its size, and other characteristics inherent with a commercial
enterprise. He felt staffs judgment had been skewed in their review of the project, noting that
residences did not include 31,000 square feet, nor 60 beds, 26-space parking lots, did not have
six foot wrought iron fences around them, nor 30-foot towers and 20-foot roof lines, and did
not have commercial HVAC units nor commercial kitchens with 15+ employees. He opposed
the project because he felt it would be extremely detrimental to the public health, safety, and
welfare of the community because there would be increased traffic with deliveries, visitors,
and employees, and increased noise in his back yard due to the commercial HVAC units,
kitchen vents, etc. Additionally, he felt there would be opportunity for a tremendous amount
of odor from trash dumpsters as well as the kitchen ventilation-- it would be like living next
door to a restaurant. He also was concerned for security behind the facility since it would be
open to the general public, whereas a private residence would not have that exposure. He
cited language from the City's zoning regulations for issuance of a conditional use permit,
special consideration so that a particular use was properly located, which he felt the subject
facility was not; assisted living facilities were being located on commercial corridors like
Country Club Drive. Further, he didn't feel the 30-foot setback was enough for the size and
impact of the property; if approved, he felt the setback should be increased twofold. As far
as landscaping plans, he hadn't seen any recent ones-- he didn't' think anything would hide
a 31,000 square foot building. For the noise and odor, he felt mitigating devices, if available,
should be implemented to limit exhaust smells and those from the trash. He concluded by
urging the Mayor and City Council to review and consider the zoning regulations with respect
to the intent and purposes of residential districts. He felt for reasons he presented, the project
fell into none of the residential criteria, and the Council's decision would be arbitrary if the
subject conditional use permit was granted.
MS. EVA WELSH, 40-724 Clover Lane, Palm Desert, stated she was, in fact, the resident
who "corralled" everyone on Hovley Lane. She purchased her home in the Hovley Lane area
was because of its beauty, noting there'd been much congestion from the church (granted a
conditional use permit), but the residents had lived with it. She was opposed to the assisted
living facility because it would negatively impact everyone's lifestyle, regardless of their
proximity to it. She felt if granted, the second conditional use permit in the area would set
a precedent for changing the existing PR-5 zone on the rest of Hovley Lane; the facility would
become an island, and other such conditional use permits would be proposed for apartments,
churches, schools, RV parks, etc. on Hovley Lane. She acknowledged that when she
purchased her home, she thought, and was led to believe, that PR-5 represented five or seven
to the acre, as she felt the majority of her neighbors also believed. She recalled that several
years ago a school was proposed on the subject site, and it was denied; although, she
49
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
understood that with the present Southwest Church facility being conveyed to Temple Sinai,
there could be a school on the street. She felt Hovley Lane area residents were being
subjected to too much negative change. She didn't feel Alzheimer's patients truly appreciated
the aesthetics of their surroundings, that there was a great deal of other land available for it,
and if approved, she would sell her home.
Upon question by Mayor Pro-Tempore Crites with regard to her status as a Realtor, Ms.
Welsh answered she understood the home she purchased was located in a residential area; she
was unaware that a conditional use permit could be applied for or granted in a single-family
area. In further response to Mayor Spiegel, Ms. Welsh stated the church was already present
when she purchased.
MR. STUART SWIDLER, 40-751 Clover Lane, Palm Desert, objected to the proposed
project by The Damone Group. He felt the Applicant had softened their initial request to build
a 60-bed mental facility, hoping neighboring residents would be thrilled with the less
unpalatable idea. He had the utmost compassion for affected patients; however, he felt the
facility did not belong in a residential neighborhood— it was a commercial enterprise. Further,
he felt no one in attendance would have purchased a home in the Hovley Lane area had they
been advised that a PR-5 parcel surrounded by R-1 residential could be the recipient of a
conditional use permit for the proposed facility. He noted he was also in the real estate
business, had been for over 40 years, 10 of them in the desert, yet he did not have any
understanding that a PR-5 site could obtain a conditional use permit to build a mental facility;
everyone in his office felt PR-5 was for condominium development. He believed he and his
neighbors should have been specifically informed of the danger when they purchased their
homes. He wondered whether prospective buyers or principals of the Century Homes
development on his street were informed of the subject appeal. He felt The Damone Group
persisted because the property in question was a fraction of the value of a commercial site on
Country Club Drive or other like sites. He went on to say the proposed facility would be
absurd on the proposed site; the developer had no consideration for the fact that it would
degrade his area to a fourth class neighborhood, dropping property values 25 %, as would be
attested by appraisers he knew, in addition to resulting property tax deductions to be applied
for by the homeowners at great cost to Riverside County. He and his neighbors feared for the
safety of their children and grandchildren with the increased traffic that might reach
unbearable proportions-- the developer had no concern because it was all about money. He
then implored the Council to turn down the appeal and ask the Group to fmd a more
appropriate commercial site. He asked that the Council consider returning the subject site to
an R-1 zone so that they would not have to continually defend themselves against future
commercial ventures.
MR. WAYNE W. WELCH, 40-780 Avenida Estrada, Palm Desert, said his home was
sandwiched between the church at his back gate, the water pumping station immediately
behind his home, with another being installed on Hovley, and the proposed Alzheimer's
facility. He was opposed to the project, noting that on his location he could not build a six
50
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
foot wrought iron fence, nor could he build a 30-foot tower; he felt those items were
marketing strategies by The Damone Group to assuage the guilt of the families who placed
their loved ones in such a facility. He felt there were misrepresentations given by Damone,
such as residents being interactive in the community behind the fence and security doors; he
was concerned for the utterances they would make and the impact on neighboring children.
He stated he was familiar with Alzheimer's patients as a clergyman, having been assaulted by
them on his nursing home visits; however, he had compassion for their situation. He
questioned whether in fact Damone/Altera would be the ultimate owner-- if their company
stock was transferrable, they might not be; therefore, it was uncertain what owner would be
in place five or ten years from now and in what manner the facility would be operated. He
also felt Damone had given the impression it was somewhat charitable, when they were
certainly not a non-profit organization. He believed neighborhood residents' views would be
destroyed, their children would be negatively impacted, and the odors emitted from an
institutional facility would also be negative. He said if approved, the Council would destroy
the neighborhood— sandwiching residents between a mega -church and an Alzheimer's facility,
and they would leave in droves. He admonished the City Council to reject a proposal which
didn't serve the public interest, he felt its responsibility was to the residents who were already
there.
MR. BILL DEWS, 40-585 Meadow Lane, Palm Desert, always thought there would be homes
on the subject vacant lot, just as there were across the street from it. He objected to the
proposed facility, noting that should the subject case be approved, it would result in five such
assisted living facilities in the general area; however, the ones on Country Club in Rancho
Mirage were located in an area which was more suited to such an application. He urged
rejection of the project.
MR. AL GERNSBACHER, 40-640 Posada Court, Palm Desert, felt tonight was the second
time in as many months that he wasted his time to defend the investment in his property. He
quoted an excerpt from the May 10, 1999, Desert Sun which stated, "The company has
appealed to the Council, and the City staff has recommended that Councilmembers issue the
permit." He asked why staff recommended such an action when it knew the consensus of
citizen opinion was the same as it was two months ago at Planning Commission. He wondered
how the Council could fly in the face of the people it represented. However, he complimented
The Damone Group for its devotion and concern for the aging population, but felt their facility
was misplaced at the proposed site.
MR. JEFF BRANDT, 40-635 Posada Court, Palm Desert, stated ten years ago he was an
administrator of a State licensed residential facility, holding that position for ten years. He
said many objections had been heard at this hearing, and in agreement with Mr. Steve Smith,
some of the problems could be taken care of. However, as an experienced administrator, he
was aware of situations that existed of which no revision of plans could solve. He said a
combination of today's residents' rights and the state-of-the-art security system would not stop
the elderly from wandering; unfortunately, it could be onto Hovley, worse yet, Monterey.
51
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
He questioned how the City, developer, or ultimately, the operator would stop the yelling and
screaming of Alzheimer's patients when they did so out their window, or out on their walk
with the family or staff. Further, he wondered what the City intended to do about stopping
odors emitted from the kitchen's cooking facilities and trash receptacles, bearing in mind the
prevailing wind direction was from west to the east— into the residential district. He advised
the Council to care for its residential needs, desires, and concerns and vote against the
proposed location.
MR. LARRY SCHONCITE, 40-862 Sonata Court, Palm Desert, stated he had previously
addressed a letter to the Council about the subject project. He felt constituents were
misinformed about Alzheimer's disease and the impact of a care facility on the community.
He said the disease was not dangerous, harmful, threatening, or catching; but there were a
great many older citizens who suffered from interrupted memory process, resulting in their
memory loss and confusion. He went on to say it was preceded by dementia and progressed
into Alzheimer's. He felt most sufferers had given a great deal to their communities, both
monetarily and emotionally, and now they had a memory deficiency. He said most of them
existed in their own world and were happy to watch the world go by; he wondered why they
should be punished by placing them out to pasture in a non -populated part of the desert. He
believed an assisted living facility was not a prison, not a mental institution, nor a strip joint
with inherent noise, heavy traffic, or shady characters-- it was there to make life easier for
senior citizens who needed extra care. He noted since Temple Sinai was moving next door,
he felt it would be a great opportunity for patients and the facility to seek religious services
for those of the Jewish faith. Additionally, he stated that wherever a temple was erected, it
could have a dramatic financial effect on adjacent property which was for sale-- sellers could
increase their price as the demand became greater than the supply. He said he recently
brought his mother from a Los Angeles hospital, she was now in a nursing facility in Palm
Desert, and she suffered from dementia along with other physical problems. He said from the
time she was hospitalized until she came here was a nightmare for him-- three times a week
to Los Angeles was more than he could bear. Therefore, he favored construction of the
facility, as there were a few Palm Desert facilities which accepted memory loss/deficiency and
Alzheimer's patients. He urged Council's affirmative vote on the proposal.
MR. HERB MERCER, 41-762 Aventine Court, Palm Desert, stated he was a resident of the
Casablanca condominiums. He went on to say he was a registered pharmacist who had
worked in a mental hospital, Camarillo State Hospital, for 12 years, and he had been
personally attacked three times by Alzheimer's patients. Additionally, he said two or three
of those patients escaped per week, even though a state -of -the art security system was in place-
- it occurred when the facility was short of staff due to illness or when deliveries were made.
He noted the Camarillo facility closed in July 1997 when it was turned into a college. He
closed by stating he was concerned that Alzheimer's patients were not as docile as had been
portrayed; there were different types of the disease, and he was opposed to the facility for the
danger it posed to the public, especially children in the area.
52
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
MS. DONNA PERO, 40-529 Meadow Lane, Palm Desert, commented she had lived at that
address for ten years, and she never dreamt this type of a facility would be proposed for her
neighborhood. She said her own mother had been an Alzheimer's patient, and she and her six
sisters were able to care for their mother in their homes for over four years. Her concern was
for the amount of staff allocated to the residents of the proposed 60-bed facility; she knew the
amount of work involved and felt at least five or six care givers should be available at all
times.
MS. ERMA HARRIS, 73-290 Santa Rosa Way, Palm Desert, said she was very concerned
for the welfare of persons afflicted with Alzheimer's disease. She noted she had previously
been a volunteer for a facility in Lakewood, California, which cared for Alzheimer's patients,
and she had to become certified through Cerritos College prior to her being able to work with
them. In that facility, she never witnessed any threatening behavior displayed by those
patients. She wondered whether those who were opposed to the proposed facility had actually
visited one, such as the one in Rancho Mirage, which she felt was wonderful. In closing, she
said Alzheimer's was not a threat to anyone, and she chastised those without compassion for
persons with the disease.
MR. ALBERT KAUFMAN, 159 Las Lomas, Palm Desert, stated his home was right behind
the proposed project. He was disturbed over recommendations The Damone Group was
willing to make at this meeting that they didn't in front of the Planning Commission. He felt
the Council should have some regard for its Planning Commission, which had turned down
the subject facility on a 4-1 vote. Additionally, he felt staff should be completely neutral,
although they were recommending approval over Planning Commission's decision, and the
public had no recourse other than the City Council. He was concerned about the amount of
available parking space, with the facility housing 50-60 patients and staff to care for them, he
envisioned 50-60 cars on any given Sunday without adequate parking. Further, he felt the
facility, presented as a grand mission by Damone (a profit -making organization), was much
too large for the amount of land. He said residents of the neighborhood, who had invested
their life's savings in homes there, looked to the City Council for relief.
MR. SAM RODRIGUEZ, 40-800 Avenida Calafia, Palm Desert, said the developer's
presentation, which promised much, should be applauded; he said Mr. Smith also did an
excellent job helping the developer. He was very disappointed that staff would recommend
such a commercial venture. He related that when he purchased his home in the neighborhood,
he paid an additional $2,000 for the better view from a higher location on the street.
Therefore, he said if the proposed facility was built, his view would be eliminated, and his
property value would be less. Additionally, he said other problems would be noise, traffic
congestion, and the virtue of a commercial building in a residential area. He said as an
elementary school principal in the Palm Springs Unified School District, he was concerned for
the democratic principles displayed in this process; the developer only had to convince the five
Councilmembers of what he wanted, no concern was given for the neighboring residents. He
urged Council to consider the number of residents in attendance who were opposed.
53
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
MR. PAUL CAMPBFIJ., 135 Courtside Drive (Hovley Court), Palm Desert, stated he
wished to share his experience with nursing homes. He had been deeply involved in the
development of two, a 99-bed facility in El Centro, and a 144-bed facility in Yuma, both of
which ended up serving a great many Alzheimer's patients. He went on to say site
development for both of those projects was critical, and in both instances the selected property
was immediately adjacent to residential development on one side. Within a few years' time
after the homes were built, the vacant land on the other sides of both were highly developed
with additional residential-- property values actually escalated. He commented that with
regard to concern over sanitation, the State's laws were extremely stringent. He noted that
a recent Los Angeles Times article stated there was a population of four million Alzheimer's
patients, and with the aging of the baby boomers, it was estimated that population would
increase to 14 million. Unfortunately, he said the same article reported if those persons who
were 60 today survived until they were 80 years old, 9 out of 20 would be afflicted with
Alzheimer's. He felt there was a need for such facilities, especially in the desert where there
was a high population of older persons. He felt it would be ridiculous to place a facility such
as this in the countryside; it would be difficult for some family members to gain access
without the availability of bus service or the like. He urged the Council to vote based on
facts, not hysteria nor political expediency.
MS. ANNE k. LEWIS, 40-785 Avenida Calafia, Palm Desert, said the proposed facility
would be in her back yard, next to her master bedroom. She wasn't opposed to placing a
facility somewhere in Palm Desert; she had compassion for the patients. She noted that the
Amdal facility in Rancho Mirage had approximately ten beds and was full. She didn't think
the subject facility needed to be in their neighborhood, within four miles of Amdal; she didn't
want to be awakened in the night by ambulances. She agreed with Mr. Rodriguez's earlier
comments about siding with the developer, which she felt was wrong.
Mayor Spiegel asked the Applicant for closing remarks.
MR. DAVID LUTICH, clarified that the proposed was not a mental institution nor a mental
hospital; it was a residence designed to care for the needs of older adults suffering from
memory impairments, like Alzheimer's. He said it was a degenerative disease that took a high
toll on the mind, and patients deteriorated over a great many stages. He went on to say that
Altera's philosophy was based on allowing the patient to age in place, as long as they could
do so safely and securely within their residence so as not to pose a threat to themselves or
others. He said if a patient became a strong behavior issue, with the help of the family, the
physician, and staff, a proper placement decision was made; contrary to popular belief, most
discharges from assisted living facilities were to nursing homes, which served intensive
medical needs. He acknowledged that some patients died in the residence, and other than
dying in their home, the assisted living facility was the next best alternative. He differentiated
his project from the multi -story development being done on Country Club Drive, Altera's
residence would be built specifically for a particular population, and there were a market and
a service distinction between the buildings. With regard to adequate parking, he stated their
54
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
experience had shown that one parking space for every two bedrooms had worked in the past
for both visitor and staff parking. He said 12-15 staff members would be the highest level
shift; not all shifts changed at the same time, and many staff members car pooled. He felt he
had expressed The Damone Group's opinion with regard to the appropriateness of the setting
for the building. Additionally, he explained that he didn't intend the impression that the
facility would be a prison -like environment; they would prefer no fence or gate around the
building. However, given the proximity to Monterey Avenue, it made sense, and if that was
the City's condition, they would comply. He added that there were ongoing activities for
residents, including family visits, walking around the area with staff, visits into the
community— which he noted residents did have an appreciation for the communities in which
they lived. He expressed his appreciation to the Council and thoseresidents in attendance.
Mayor Spiegel declared the public hearing closed. He commended the audience for their conduct
during what was a very emotional project for many of them.
Councilman Kelly said in his opinion, the issue was not whether the project was properly
planned, but a matter of compatibility with the surrounding neighborhood. He felt the Council
had to look out for the people who were already citizens of Palm Desert, and the surrounding
residents felt the project was incompatible with their area. Therefore, he felt it was an easy
decision to uphold the decision of the Planning Commission.
Councilmember Benson commented she had never read so many letters from so many who
were misinformed; she wondered whether the authors of those letters considered how they
came across to the Council. She said the proposed was not a mental hospital, grease trap
fumes and grease trap emptying were not allowed, the City had strict garbage regulation, there
were already facilities such as the proposed in the City— The Carlotta was right in the middle
of several nice residential districts, noting there had never been complaints from residents
adjacent to Primrose that the facility was unacceptable; they were aware when they moved in
that The Carlotta was there. She suggested the local Realtors get a zoning lesson for the
neighborhoods where they were selling residences; if a church was already in the
neighborhood that was thought to be all residential, one would have to ask how it got there
and what else could be allowed in the neighborhood. She said in her own experience with
persons suffering from dementia, a nice, homelike facility would have been appreciated to
assist with 24-hour care; patients should have the same right to reside in a pleasant setting as
anyone else. She felt it was a good site for the facility, it would be a good buffer and a
complement to that busy comer rather than residences with children.
Mayor Pro-Tempore Crites remarked that it was City staffs business to provide
Councilmembers with their best, professional opinion, noting that he often agreed or disagreed
with it in varying degrees. However, whether or not it was liked, it was their business;
therefore, he took some personal umbrage at the suggestion that staff was not doing its
professional business when a particular point of view didn't agree with other people's.
Secondly, he noted that he lived in a home with adjacent open space, and as a resident, he
55
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
would personally prefer the subject facility over single family; there would be less view
obstruction, more open space, and he suspected less traffic from this facility, although he
disliked 30-foot tower heights and wouldn't approve something like them, in addition to his
concerns for lighting. Additionally, he said it was Council's business to listen to the citizens
of the community, and they had given a clear understanding of their point of view. He didn't
personally agree with it, nor did he feel the facility would be injurious to health, welfare, or
public safety. On the other hand, he said from the Applicant's point of view, he understood
why they selected the location on Monterey with its proximity to residential units. He said
if there was no other spot, he would vote in favor of what he considered a decent project.
However, he was unconvinced there were no other places on Monterey, Cook, or other sites
upon which the same sort of facility could be built with the same kinds of architectural
standards, etc., that would not arouse the wrath of those who lived in the area and had every
just reason to be heard and considered for their points of view.
Mayor Spiegel recalled that a couple of years ago, Lucky built a new store on Highway 111
that was adjacent to single family homes. He said there was much consternation about the
project from the people who lived there, and rather than bringing it to the Planning
Commission and Council with much diversity, the developer worked with adjacent residents
to show how the project would be to their benefit, and every question raised was mitigated.
He recalled that Mr. Bartlett was also involved with that project, and when it got to Council,
he didn't remember one person standing up to say they were opposed to the Lucky
development; they saw it would be an asset. Unfortunately, he said that was not true tonight;
only one person who spoke in favor of the project lived near it, most of the rest opposed it.
He acknowledged the amount of change which has occurred in Palm Desert; everyone wanted
to put up a fence around it and not allow anyone else in, but the City would continue to grow
until all the sand was developed whether it was a park, a golf course, or a place to live. He
recalled the findings from the staff report indicating the conditional use would not be
detrimental— the developer had obviously not convinced the neighbors that those findings were
correct. Consequently, he was not in favor of the project.
Mayor Pro-Tempore Crites moved to deny the appeal of The Damone Group and uphold the
decision of the Planning Commission. Motion was seconded by Councilman Kelly and carried by a
3-1-1 vote with Councilmember Benson voting NO and Councilman Ferguson ABSTAINING.
With Council concurrence, Mayor Spiegel recessed the meeting at 10:05 p.m. in order to allow
audience members in attendance for the previous public hearing to exit the Chamber. He
reconvened the meeting at 10:10 p.m. and returned to consideration of Public Hearing Item E.
56
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
XVII. ADJOURNMENT
Upon a motion by Mayor Spiegel, second by Mayor Pro-Tempore Crites, and unanimous vote of
the City Council, Mayor Spiegel adjourned the meeting to Closed Session at 10:40 p.m. He reconvened
the meeting at 11:40 p.m. and immediately adjourned with no action announced from Closed Session.
ATTEST:
/ SHEILAGILLIG CITY CLERK
CITY OF PALM D T. CALIFORNIA
AO,f:G�v Gam-
ROBERT A. SPIEG 4 , MOOR
57
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
LAt11l311
DONALD D. STEFFENSEN
43060 TENNESSEE AVE
PALM DESERT, CALIFORNIA, 92211
760-345-6546
ict9,'?7
Public testimony delivered to the Palm Desert City Council on May 13, 1999 regarding the RV Parking Code
MR MAYOR, COUNCIL MEMBERS MY NAME IS DON STEFFENSEN. WE HAVE OWNED OUR
PROPERTY ON TENNESSEE AVENUE IN PALM DESERT COUNTRY CLUB SINCE 1982. AND I AM AN
-RV OWNER. I DO NOT HAVE MUCH TO ADD TO MY LETTER TO THE COUNCIL DATED MAY 1 OTH
AND DELIVERED TO THE CITY CLERKS OFFICE ON MAY 11TR I PREPARED MY LETTER IN HOPES
OF PROVIDING'SQ11E CONSTRUCTIVE SUGGESTIONS AND I HOPE IT WAS RECEIVED THAT WAY. I
RECOGNIZE THAT THE COUNCIL MUST CONSIDER. THE RIGHTS OF ALL RESIDENTS NON RV
OWNERS AND RV OWNERS ALIKE. I ALSO BELIEVE THE COUNCIL HAS THE ABILITY TO
CONSIDER SPECIAL CIRCUMSTANCES WHICH IS WHAT RV OWNERS IN PALM DESERT COUNTRY
CLUB ARE REQUESTING. BOTH LA QUINTA AND RANCH MIRAGE FOUND A WAY TO DO THIS AND
WE HOPE YOU WILL TOO.
REGARDING THE STAFF REPORT AND PROPOSED REVISED CHAPTER 8.40 I WOULD AGAIN ASK
THAT SECTION F BE CHANGED FROM 8 FEET TO 102 INCHES WHICH IS THE STANDARD FOR MOST
NEW RV'S. I WOULD NOT WANT TO BE DENIED A PERMIT BECAUSE OF THIS. SECONDLY I WOULD
AGAIN ASK THAT CHAPTER• a.:......!.10.96 WHICH COVERS STREET PARKING BE COMBINED
WITH CHAPTER 8.40. IF THIS IS NOT POSSIBLE THEN I WOULD SUGGEST THAT THE RV
COMMITTEE BE RECONVENED TO LOOK AT THE PROBLEMS THE CURRENT CHAPTER CREATES.
IN CLOSING WHILE I AM DISAPPOINTED IN THE STAFF RECOMMENDATION WHICH WOULD
MAKE THE RV PARKING CODE EVEN MORE RESTRICTIVE I DO THANK YOU FOR THE TIME YOU
HAVE SPENT IN TRYING TO FIND A FAIR RESOLUTION TO THE PROBLEMS RV OWNERS HAVE
FACED SINCE ANNEXATION INTO THE CITY. i WOULD BE PLEASED TO ANSWER ANY QUESTIONS.
58
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13,1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
atiDit"B"
For City Council Meeting May 13, 1999
Residents who would prefer the city to enforce the existing City Code on Recreational
Vehicles.
1. Charlie and Beth Ash
2. Ross and Sue Adamson
3. John and Ruth DeGeorge
4. Milt and Joy Heike
5. Stu and Pat Wilson
6. Bill and Bette Saunders
7. Carl and Mary Safe
8. Ky and Eve Kane
9. Dorothea McGiffin
10. Max and Gladys Pellerin
11. Mary Tarnutzer
12. Barbara Good
13. Llloyd and Marilynn Hamlet
14. Evelyn Cohen
15. Steven Hana
16. Nancy Sullivan
17. George Sardella
77-130 New York Ave
76-957 Kentucky Ave
76-797 California
76-925 California
43-240 Tennessee
76-780 California
77-270 California
43-380 Tennesse
76-785 California
77-180 Florida
77-140 Minnesota
42-640 Iowa
42-600 Iowa
77-355 California
59