HomeMy WebLinkAbout2000-07-13MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JULY 13, 2000
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I. CALL TO ORDER
Mayor Crites convened the meeting at 4:00 p.m.
II. PLEDGE OF ALLEGIANCE - Councilmember Jean M. Benson
III. INVOCATION - Mayor Pro-Tempore Jim Ferguson
IV. ROLL CALL
Present:
Councilmember Jean M. Benson
Mayor Pro-Tempore Jim Ferguson
Councilman Richard S. Kelly
Councilman Robert A. Spiegel
Mayor Buford A. Crites (left the meeting at 6:45 p.m.)
Also Present:
Carlos L. Ortega, Acting City Manager and RDA Executive Director
David J. Erwin, City Attorney
Sheila R. Gilligan, Acting Assistant City Manager
Rachelle D. Klassen, Acting City Clerk
Richard J. Folkers, ACM/Director of Public Works and Acting Director of Building & Safety
Phil Drell, Director of Community Development
Paul S. Gibson, Director of Finance/City Treasurer
Carolyn J. Miller, Community Arts Manager
Teresa LaRocca, Housing Manager
V. ORAL COMMUNICATIONS - A
MS. KATHLEEN DEROSA, resident of Cathedral City, introduced herself as the new Region Manager in
the Public Affairs Department of Southern California Edison. She said she would leave her business cards
and some pens with the City Clerk as well as some information regarding the CARE program for senior
citizens and others eligible based on income levels. She noted she had met with the Acting City Manager
and other members of the staff of the City of Palm Desert, and she offered her assistance in any way.
MR. CLAY HAGE, Public Affairs Representative for the Western Manufactured Housing Communities
Association (WMA), a State-wide trade association of mobile home park owners and operators. He said
he represented mobile home operators in Riverside County, specifically in the City of Palm Desert. He
expressed concern with the traffic situation on Highway 74, outside the Silver Spur Mobile Home Park.
He said this was a matter where a landlord trade association was joining with the resident trade association
in a common cause, and both groups were working together to petition the City and CalTrans to do
something about the traffic situation and promote the safety and well-being of the 500 residents of Silver
Spur Mobile Home Park. He said the park owner and the property management company had committed
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themselves to working with the homeowners, the City, and CalTrans to resolve this situation, and he had
been directed by WMA to do whatever he could to facilitate this. He noted their three goals were:
1) The striping of Highway 74 in front of the park to allow left turns into and out of the park; 2) signage to
warn motorists that there will be slower traffic in front of that park as well as traffic exiting the park; and
3) deceleration lanes to go into the park to make it safer for the residents. He thanked the City Council and
staff for all they had done on behalf of the residents, park owner, and property management company. He
added that this had been a very enjoyable experience to take on a bureaucracy the size of CalTrans and
work with the City to make sure things get done. He said he had met with the Mayor Pro-Tem, City
Manager, and Assistant City Manager and found out that CalTrans was giving serious consideration now
to the striping of the highway. He said he would like to make a formal request to the City Council to send
a letter to Cal Trans (district office and district office supervisors) to put in the striping and to keep in mind
that residents are looking forward to signage and turnout lanes at a later date.
Mayor Crites noted that Mayor Pro-Tem Ferguson had just handed him the letter requested by Mr. Hage,
ready to be signed by all five members of the City Council. He said this letter would be mailed the
following day.
Mr. Folkers noted that he had just that afternoon spoken with the Chief of Traffic Operations for CalTrans,
and CalTrans had agreed in concept to a modification of the striping; however, there was a letter sent by
the consultant working with on the southbound right turn pocket that had caused some consternation on the
part of CalTrans. He said staff would be working with the consultant and CalTrans to resolve this issue.
MR. TIM BARTLETT, 73-382 Salt Cedar Street, Palm Desert, spoke on behalf of his client,
Joe Rubenstein, who was planning to develop the southwest corner of San Pablo and Highway 111. He
said it was his understanding that at least one member of the Council had appealed the decision of the
Architectural Review Commission. He said that in an effort to expedite the process and in conjunction
with and cooperation from the developer, who had expressed a sincere interest in working with the City,
he requested that the Council perhaps appoint a separate subcommittee to work with them to possibly
expedite the redesign of the building that appeared to be controversial.
Mayor Crites stated that while the Council would not take action on this matter at this time, it seemed to be
a reasonable request from the developer's representative. Mr. Ortega agreed.
Councilman Spiegel suggested that perhaps this matter be scheduled for consideration at the Special City
Council Meeting of July 31, 2000.
With Council concurrence, Councilmember Benson and Mayor Pro-Tem Ferguson agreed to work with the
developer on some of the issues prior to the July 31st meeting, with Councilman Spiegel as the alternate.
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VI. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of June 22, 2000, and the Adjourned Joint Meeting
of the City Council, Redevelopment Agency, and Housing Authority of June 12, 2000.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 60, 61, 62, 63, 64,
65, 61PD Office Complex, and 65PD Office Complex.
Rec: Approve as presented.
C. CLAIM AGAINST THE CITY (#419) by Kathi L. Scrivens in an Unspecified Amount.
Rec: By Minute Motion, reject the claim and direct the City Clerk to so notify the Claimant.
D. CLAIM AGAINST THE CITY (#4201 by Preston and Phyllis Hiefield in the Amount of $5,508,500.
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant.
E. CLAIM AGAINST THE CITY (#421) by Elizabeth Camacho in an Unspecified Amount.
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant.
F. CLAIM AGAINST THE CITY (#422) by Edward H. Roze in the Amount of $1,064.55.
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant.
G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Desert Entertainment Group, LLC,
for King's Social Club, 72-185 Painters Path, Palm Desert.
Rec: Receive and file.
H. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Juanito Apao Go and
Nieves Gutierrezgo for Pearl of the Pacific, 72-355 Highway 111, #A, Palm Desert.
Rec: Receive and file.
I. CITY'S PORTFOLIO MANAGEMENT SUMMARY for the Month Ending May 31, 2000.
Rec: Receive and file.
J. MINUTES of City Committee and Commission Meetings.
1. Building Board of Appeals Meeting of November 21, 1995.
2. Citizens' Advisory Committee for Project Area No. 4 Meeting of May 15, 2000.
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3. Housing Commission Meeting of May 10, 2000.
4. Investment & Finance Committee Meeting of May 17, 2000.
5. Library Promotion Committee Meetings of April 12, and May 10, 2000.
Rec: Receive and file.
K. REOUEST FOR AUTHORIZATION to Advertise and Ca11 for Bids for the Debris Storage Building
(Contract No. C 18040).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject
project, after review and approval by the Architectural Review Commission.
L. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for Combined Fall Rye Grass
Overseeding.
Rec: By Minute Motion, approve the authorization to advertise and call for bids for the
combined bidding program for fall grass overseeding for the City and Desert Willow.
M. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for City Fleet Vehicles.
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the purchase
of alternative fuel vehicles for new staff positions.
N. REOUEST FOR AWARD OF CONTRACT for Consulting Services -- Potential Portola Avenue
Widening Feasibility Study (Contract No. C18050).
Rec: By Minute Motion, award the subject contract to The Keith Companies, Palm Desert,
California, in the amount of $14,150 and authorize a ten percent (10%) contingency in the
amount of $1,415, for a project total of $15,565 -- funds are available in Account No. 213-
4539-433-4001.
O. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C17270 -- Engineering
Design and Environmental Study of Fred Waring Drive Bridge Over the Palm Valley Channel and
Street Improvements Between Highway 111 and Town Center Way (Project No. 651-99).
Rec: By Minute Motion: 1) Approve Change Order No. 1 to the subject contract with
ASL Consulting Engineers, Palm Desert, California, in the amount of $20,541.00 for
additional engineering design services for the subject project; 2) authorize the transfer of
funds in the amount of $18,228.60 from contingency to base on Purchase Order No. 7275;
3) add $2,312.40 to the existing Purchase Order No. 7275; 4) appropriate $11,055.60 from ,
Unobligated Measure "A" Funds.
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P. REQUEST FOR APPROVAL of the Substitution of Securities for Tract No. 24984
(Foxx Development, Applicant).
Q.
Rec: By Minute Motion, authorize the City Clerk to replace securities posted by
Foxx Development and accept securities in the name of Desert Grove, LLC, for the
subject tract.
REOUEST FOR APPROVAL of Contract for Completion of the Restoration of "Desert Road"
Perimeter Fence at Washington Charter School (Contract No. C18060).
Rec: By Minute Motion: 1) Concur with the recommendation of the Art In Public Places
Commission and approve the subject contract with Artist Raymond D. Hunter and
expenditure of AIPP funds for same in an amount not to exceed $7,500; 2) appropriate
said amount from the AIPP Fund budgeted for artwork maintenance.
Upon motion by Kelly, second by Spiegel, the Consent Calendar was approved as presented by unanimous
vote of the City Council.
VII. CONSENT ITEMS HELD OVER
None
VIII. RESOLUTIONS
A. RESOLUTION NO. 00-85 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 1999/00 BUDGET AS A
RESULT OF YEAR-END ADJUSTMENTS.
Mr. Gibson reviewed the staff report, noting that this was a request to adjust a number of department
budgets. He offered to answer any questions.
Councilman Spiegel noted that the report also indicated that the General Fund revenue would increase
substantially more than the additional spending, and he moved to waive further reading and adopt Resolution
No. 00-85. Motion was seconded by Ferguson and carried by unanimous vote.
B. RESOLUTION NO. 00-86 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION NOS. 00-52 AND 95-75 AND
EXPANDING THE BOARD OF THE PARKS AND RECREATION COMMISSION TO NINE
MEMBERS PLUS NO MORE THAN TWO ALTERNATES.
Councilmember Benson moved to waive further reading and adopt Resolution No. 00-86. Motion was
seconded by Ferguson and carried by unanimous vote.
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IX. ORDINANCES
For Introduction:
None
For Adoption:
None
X. NEW BUSINESS
A. CONSIDERATION OF AN APPEAL TO A DECISION OF THE ARCHITECTURAL REVIEW
COMMISSION, DENYING A REQUEST TO CONSTRUCT A 10-FOOT FRONT YARD GOLF
BALL SCREEN AT PROPERTY LOCATED AT 73-800 WHITE STONE LANE
Case No. MISC 00-15 (Buck Thurmond, Applicant).
Mr. Drell reviewed the staff report, noting that the applicant had erected chain -link screen fences in
the front and rear of his house. While the Architectural Review Commission approved the rear
fence, it felt it was not appropriate to have this fencing in the front and suggested some alternatives; """'
however, the applicant had appealed this decision.
Mayor Pro-Tem Ferguson asked if there had been any complaints from other residents in the
neighborhood, and Mr. Drell responded that it was his understanding that this was the result of a
complaint from a neighbor.
MR. BUCK THURMOND, 73-800 White Stone Lane, spoke as the applicant. He noted that White
Stone Lane was an approximately 300-yard, cul-de-sacced street curving along the fifteenth fairway
of Shadow Mountain Golf Course. He said there were eight homes along the north side of the lane,
and there was one additional lot on a flag lot behind the first and second houses. He said his home
was the next to the last about 150 yards off of the fifteenth tee, right in the landing zone for
"moderately poor golfers," and a lot of balls ended up in his yard and occasionally went through his
windows. He said the golf balls posed a danger, and that was why they had planned to install a
fence. He noted that he had contracted with the Allen Fence Company for the fence; however, until
a building inspector came by and noticed the fence, he did not know that this company had not
obtained permits for the fence. The company subsequently applied for the permits, and the
Architectural Review Commission approved the plans shown for a fence along the back of the
property and a screen on the east side of the house for the seventeenth fairway; however, the plans
for the front of the house were denied because the fence did not conform to the City's setback
requirements. He said that in putting up this screening, he was merely trying to protect his family
and neighbors, with no intention of intruding on anyone. He said he had checked with all of the
neighbors on White Stone Lane, and no one seemed to have any problems with the plan. With
regard to the statement that a neighbor had complained about the fence, he said he was not aware of
this and had communicated with every resident on White Stone Lane about the fence. He addressed
the Architectural Review Commission's concerns as follows:
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1) The aesthetics of the chain -link fence — he said he did have the fence painted and had
planned to plant along the 18 feet of fence frontage.
2) It detracts from the appearance of the residence — he said this might be true if one does
not like chain -link fencing.
3) No other screens exist in the front of the other seven residences along the road — he
agreed this was true but said his home was in the direct landing zone of errant golfers,
whereas the other houses may not be.
4) Shadow Mountain Golf Club should be responsible for protection of residents from all
errant golf balls — he said this would require a fence that was approximately 60 feet high
all the way along the fairway and adjacent to the roadway, which would be very ugly and
would probably still not take care of the problem. He said he did not feel the golf course
was legally responsible.
He said the Commission further recommended that trees and a hedge be planted, and he agreed this
should be done; in fact, he said he fully intended to do so right adjacent to the screen, and this would
improve the appearance of the fencing. He asked that the Council allow him to keep the screen in
both the front and rear for the protection of his family and to improve its appearance by appropriate
plantings. He also submitted photos of the fence and offered to answer any questions.
Mayor Pro-Tem Ferguson stated that Mr. Thurmond's letter of May 24, 2000, indicated that "letters
supporting this request for reconsideration from Shadow Mountain Golf Club and from the
immediate neighbors on White Stone Lane are to follow," and he asked whether those had ever been
submitted.
Mr. Thurmond said he had handled this verbally instead of in writing because a number of people
were out of town. He said he had received approval from each of the neighbors and from the Club.
Mayor Pro-Tem Ferguson asked whether there was a reason for anyone who does not live on the
street to use the street and if the only people to see the fence would be those who live on the street.
Councilman Kelly noted that this was a dead-end street.
Upon question by Councilman Spiegel, Mr. Thurmond responded that they had several windows in
both the back and front of the house broken by golf balls.
Councilman Kelly stated that he plays golf on this course quite often and had never noticed the fence
until this matter appeared on the Agenda. He said in this case, the same people see the fence in the
front who would see it in the back, and he felt this would solve a problem. He said he felt it would
be a logical thing to grant a variance, especially since the applicant was very willing to put in plants
to hide the fence.
Mayor Pro-Tem Ferguson agreed and said that, from time to time, it seemed that common sense and
the City's Municipal Code do a head-on collision, and this was one of those situations. He said that
while Shadow Mountain does not have a homeowners association, the City has typically taken the
position in planned communities that if they do not have an objection to it and the people who live
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close to it do not have an objection to it, the City pretty much lets them do what they want according
to their own standards. He said he would agree to allow the applicant to keep his chain -link fence.
Councilman Kelly moved to, by Minute Motion, grant the appeal and approve the request to install a ten -
foot high, chain -link golf ball screen within the front yard located at 73-800 White Stone Lane
(Case No. MISC 00-15), conditioned upon Appellant's agreeing to camouflage the screen with appropriate
plantings. Motion was seconded by Ferguson and carried by unanimous vote.
B. CONSIDERATION OF ENCLOSED PARKING AT PARKVIEW OFFICE COMPLEX.
Mr. Gibson reviewed the staff report and recommendation.
Mayor Crites asked why the State of California Department of Water was only paying 80% instead
of the entire 100% of the costs.
Mr. Gibson responded that it was only one agency benefitting from this project and that there were
two other entities, the State Department of Rehabilitation and the Department of Agriculture, where
the lease agreements indicated that the Parkview Office Complex would provide enclosed parking
for their use.
Mayor Pro-Tem Ferguson questioned the large difference between the low bid of $45,600 and the
other bids at $140,100 and $146,800.
Mr. Gibson responded that the previous bid for the ten parking spaces was approximately $51,000.
He added that he had asked RDA staff to look at the bids, and staff felt comfortable awarding the bid
to George's Ornamental Iron.
Councilman Spiegel asked whether this project had been approved by the Architectural Review
Commission, and Mr. Gibson responded that this had not been before that Commission but that staff
could take it through that process if Council so wished.
Councilman Spiegel moved to, by Minute Motion, award a contract for construction of 21 enclosed
parking stalls at the subject location to George's Ornamental Iron, North Palm Springs, California, in the amount
of $45,600 (Contract No. C 18070), contingent upon the State of California Department of Water approving the
current bid proposal for their spaces and accepting responsibility for 80% of their costs and contingent upon
approval by the Architectural Review Commission.
Mayor Pro-Tem Ferguson asked whether a private office owner would have to go through
Architectural Review Commission to do a similar project, and Mr. Drell responded that this would
have to be done.
Mayor Pro-Tem Ferguson seconded the motion, and it carried by unanimous vote.
C. REQUEST FOR APPROVAL OF ALL -WAY STOP CONTROL AT WARNER TRAIL AND
MOUNTAIN VIEW/WYOMING AVENUE, CALIFORNIA DRIVE AND NEW YORK AVENUE.
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Mr. Ortega noted the report in the packets and stated that Public Works Director Richard Folkers and
Senior Transportation Engineer Mark Greenwood were available to answer any questions.
Mayor Pro-Tem Ferguson moved to, by Minute Motion, concur with the recommendations of the
Technical Traffic Committee, Public Safety Commission, and staff to maintain the existing two-way stop
control at the subject intersections.
Upon question by Councilman Spiegel, Mr. Greenwood stated that he had originally received a
request from the Palm Desert Country Club Traffic Committee to study all -way stop control at the
subject intersections. When the study indicated it should not be done, staff received several letters
requesting that it be done. Councilman Spiegel asked whether the Committee was aware of staff's
recommendation to deny the all -way stop control. Mr. Greenwood responded that the Committee
was aware of staff's recommendation and had attended the Technical Traffic Committee meeting
where this matter was discussed at length. He added that the Committee members understood the
concept that a stop sign was not a cure-all; however, they felt there was a need for some remedy in
that area. He said the next item on the Agenda addressed speed zones, which would allow for
enforcement of speed limits in that area. He said assuming that there will be more enforcement in
the neighborhood, the residents were willing to live without the stop signs at least for now.
Upon question by Councilman Kelly, Mr. Greenwood responded that there were no stop signs to be
installed on Warner Trail between Hovley and Fred Waring.
Councilman Spiegel seconded the motion, and it carried by a 4-1 vote, with Councilman Kelly voting NO.
Mayor Crites stated that he would like to discuss the issue of speed bumps again in the near future
and felt this was something that would definitely slow down the speeds on streets.
D. CONSIDERATION OF SPEED ZONES ON VARIOUS CITY STREETS.
Mr. Ortega noted the staff report in the packets and stated that Senior Transportation Engineer
Mark Greenwood was available to answer any questions.
Upon question by Councilmember Benson, Mr. Greenwood stated that there was some fallout from
the Neighborhood Traffic Enforcement program where there were some difficulties enforcing the
speed zones; unfortunately, some speed limits would have to be raised to do the enforcement, but
there was good support from the Sheriff's Department that if these speed limits could be established
per the Vehicle Code, they could be enforced with some vigor.
Mayor Crites asked if the next City newsletter could include this information and an explanation of
why this is being done, and Mrs. Gilligan responded that it could be included. He added that the
whole idea of having to raise speed to stop speeding was not something that initially made a great
deal of sense, and he felt people needed to understand the California Vehicle Code in terms of radar
enforcement, etc.; otherwise, it would look as if the City were just raising speed limits at whim.
Mayor Pro-Tem Ferguson stated that he would like to look at the explanation since he had spent two
years trying to do it with people on Haystack and still had not succeeded.
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Councilman Kelly stated he was not sure everyone would be reached with the City's newsletter. He
suggested that residents on the affected streets receive a letter of explanation. He said he felt this
was an opportunity to do some good public relations work and also inform the people that the City
has done something that will really provide a tool to do something about traffic enforcement in the
neighborhood.
Councilman Spiegel moved to waive further reading and pass to second reading the following ordinances:
1) Ordinance No. 949, establishing a 30 miles per hour speed limit on California Drive to Avenue of the States;
2) Ordinance No. 950, establishing a 25 miles per hour speed limit on De Anza Way from San Pablo Avenue to
Portola Avenue, and a 30 miles per hour speed limit on De Anza Way from Portola Avenue to Alessandro
Drive; 3) Ordinance No. 951, establishing a 25 miles per hour speed limit on Fairway Drive from Portola
Avenue to Cook Street; 4) Ordinance No. 952, establishing a 30 miles per hour speed limit on Grapevine Street
from Highway 74 to Portola Avenue; 5) Ordinance No. 953, establishing a 30 miles per hour speed limit on
Ironwood Street from Shadow Mountain Drive to San Luis Rey Avenue; 6) Ordinance No. 954, establishing a
30 miles per hour speed limit on Joshua Tree Street from Grapevine Street to Tumbleweed Lane, and a
25 miles per hour speed limit on Joshua Tree Street from Tumbleweed Lane to San Luis Rey Avenue;
7) Ordinance No. 955, establishing a 25 miles per hour speed limit on Michigan Drive from Kansas Street to
Warner Trail, and a 30 miles per hour speed limit on Michigan Drive from Warner Trail to Avenue of the States;
8) Ordinance No. 956, establishing a 30 miles per hour speed limit on New York Avenue from Virginia Avenue '"""
to California Drive; 9) Ordinance No. 957, establishing a 25 miles per hour speed limit on Sagewood Drive from
Monterey Avenue to Country Club Drive; 10) Ordinance No. 958, establishing a 30 miles per hour speed limit ®*..10
on Shadow Mountain Drive from Highway 74 to Portola Avenue; 11) Ordinance No. 959, establishing a
25 miles per hour speed limit on Tennessee Avenue from California Drive (west intersection) to
Fred Waring Drive; 12) Ordinance No. 960, establishing a 25 miles per hour speed limit on Verba Santa Drive
from Frontage Road to Tumbleweed Lane; 13) Ordinance No. 961, establishing a 30 miles per hour speed limit
on Warner Trail from Fred Waring Drive to Hovley Lane East — with direction to staff to prepare a letter of
explanation to residents of all affected streets. Motion was seconded by Ferguson and carried by unanimous
vote.
E. CONSIDERATION OF AMENDING ORDINANCE NO. 930, RESCINDING THE
REQUIREMENT FOR WRIST GUARDS FOR SKATEBOARDERS AT THE PALM DESERT
SKATE PARK.
Mayor Crites noted that he and Mr. Ortega had met earlier that day with Mr. Bill Kroonen, President
of College of the Desert. He said Mr. Kroonen felt that as people, especially older skaters, do not
choose to use the skateboard park, a fair number of them are simply going across the street and using
the College grounds and ramps. He said Mr. Kroonen said they were getting a lot more people
skateboarding on College property rather than at the skateboard park.
Councilman Spiegel stated that when the skateboard park opened up, it was tremendously busy.
Because of the amount of traffic, the Council approved an expenditure in excess of $300,000 for a
junior park. Along with that, there were amenities to be added to the structure, such as a water
fountain, etc. The design was now in place, but he did not feel it made sense to build a junior
skateboard park when there are not that many people using the original skateboard park. He said
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because it was not getting the amount of traffic it once got, he would recommend holding the
construction of the junior park in abeyance at this point in time.
Councilman Spiegel moved to add this matter to the Agenda.
Mayor Pro-Tem Ferguson asked whether the Parks & Recreation Commission had considered not
building the junior park.
Councilman Spiegel responded that his suggestion was actually coming from the Parks & Recreation
Commission.
Mr. Drell stated that what was coming from the Parks & Recreation Commission was elimination of
the wrist guard requirement, which the members felt was largely responsible for the decline in the
usage of the skateboard park.
Councilman Spiegel disagreed and said the Commission discussed at the last meeting the amount of
usage the skateboard park is getting right now and questioned spending money to build a junior
skateboard park if it is not needed.
Mayor Crites suggested placing this item on the Agenda for the meeting of July 31, 2000. That
would allow time to receive input from the Parks & Recreation Commission. He said he would also
like to see if there is any data comparing usage now with usage several months ago.
Councilmember Benson stated that from what she read in the staff report, the reason for the drop in
usage was the wrist guard requirement. She said perhaps elimination of that requirement might
cause the usage to increase again.
Upon question by Mayor Crites, Mrs. Gilligan responded that staffs recommendation was to refer
the matter of the wrist guard requirement to the Public Safety Commission because all of the
requirements originally came from that Commission. She said in meeting with the City Manager,
staff felt it was only fair to take this matter back to that group. She added that Dr. O'Connell was
scheduled on August 9, 2000, to work with the Parks & Recreation District employees on different
procedures to do with bone breaks versus just basic first aid.
Mayor Pro-Tem Ferguson added that the wrist guard requirement came as a result of Drs. Jesser and
O'Connell feeling that it was medically necessary to keep the skaters safe. He agreed they should
have an opportunity to give their input if the Council is inclined to rescind that part of the
regulations.
Councilmember Benson moved to, by Minute Motion, refer matter to the Public Safety Commission for
recommendation back to the City Council at its Regular Meeting of August 24, 2000. Motion was seconded by
Kelly and carried by unanimous vote.
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F. CONSIDERATION OF EL PASEO SIDEWALK FROM HIGHWAY 74 TO PLAZA WAY. .
Mr. Folkers reviewed the staff report, noting that this project was initiated last year as part of the
City's Capital Improvement program. He said in dealing with the various homeowners'
associations, there was some concern about the City not moving as rapidly as possible because of the
diseases affecting the oleanders; the Code Enforcement Department was contacting them and
advising that they should be abating or removing the oleanders, but they did not want to do so
because the City would be installing sidewalks for part of that area. He said there was a concern
with the fact that as the oleanders are removed, the current screening provided by the oleanders will
be lost. Although they will be replaced, the new oleanders will be quite a lot smaller than those
removed. The associations indicated that if the City was going to do the sidewalk and have to
remove some of the oleanders, it should also be installing a wall for them. Staff felt this was more
than the City intended to do and discussed with the associations the possibility of having the
residents pay for the wall with some type of payback program. Staff's recommendation was to
proceed with the design of a six-foot wall in conjunction with the City's sidewalk project.
Upon question by Councilman Spiegel, Mr. Folkers responded that not installing the sidewalk would
solve the problem and make a low-cost alternative.
Mayor Crites stated that if the City does not put in sidewalks, all of those oleanders will die, and the
homeowners association will have to either put in a wall or some other type of shrubbery.
Mr. Folkers agreed.
MR. RON MALONEY, 513 Sandpiper, stated he represented the Sandpiper Homeowners
Association from Gate C through Gate F, which is 96 of the homeowners. He said the residents
liked the idea of having a sidewalk; however, there was the problem of tearing out the 30-year
growth of oleanders which were actually on their way out anyway because they were dying. He said
they were concerned with not having the privacy and sense of security they have always had once
the oleanders are gone. He said they felt a planter arrangement with a wall would be a good thing to
have in their place. He added that they had also found a Japanese oleander that grows very quickly,
and the City had also indicated this was a good oleander to use. He noted that he did not know
whether the association could afford the cost of a wall, and they were also concerned that the City
was only looking at installing a sidewalk from Highway 74 to Plaza Way, whereas the next entrance
to the association was Gate E which was a number of feet beyond Plaza Way, and that area was just
as dead as the area being considered. He said they would like the sidewalk to stop at Gate E, if for
no other reason than aesthetics for El Paseo.
Mayor Crites asked if Mr. Maloney was requesting that the City pay for the wall. Mr. Maloney
responded that the City was taking down all of the oleanders, which was like a wall. Mayor Crites
asked if it would be easier if the City waited until the oleanders have died and been replaced before „
the sidewalk is built. Mr. Maloney responded that he did not feel this would be the smart way to go
at all and that he would prefer that the City remove the oleanders during the process of putting in the
sidewalk.
Councilmember Benson stated she recalled when this was previously included in the budget that she
had requested a sidewalk for people who live in this area so they can get to Plaza Way and cross
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safely, although there was not a lot of enthusiasm on the part of the Council at that time. She said
she felt the oleanders were not adding a lot of beauty to El Paseo, and a permanent wall would be
better than the oleanders.
Mayor Pro-Tem Ferguson stated that the last time there was a situation with a deteriorating wall
structure on a high volume major corridor in Palm Desert (along Hovley Lane), the City paid 100%
for the wall. He said this was done with redevelopment money in exchange for an easement, and
that gave the City the property. Some mitigation was provided to all of the residents, and the entire
corridor was beautified. He said he would prefer to look at the best solution to the problem and then
figure out the most equitable way to pay for it, and it seemed that putting up the wall with the
sidewalk, with some different plants other than oleanders, was the right solution. He added that if
there was a way for the City to do it fairly, like it has with other residents, and if the City wants to
pay for it, he would not have a problem with that.
Councilman Spiegel stated that Mayor Pro-Tem Ferguson was equating El Paseo with Hovley Lane,
and there were different speed limits and different amounts of traffic. He said he did not agree that
the two areas were equal. He added that oleanders were dying all over the City, and there were a lot
of people who would like to have a wall replacing their oleanders.
MS. SANDRA HOECH addressed the Council and stated she felt it was a wonderful idea for the
City to put in a sidewalk and that it was long overdue. She said it would certainly beautify the area
and would be far more convenient for the people in Sandpiper. She said she understood the plan was
to do the sidewalk in increments and that there were funds from last year's budget allocated to begin
this project. She said it would also seem reasonable to her that if the City is going to plan a project,
it would have plans and monies budgeted to continue with that same project. She added that the City
would do as much as possible with the monies that have been budgeted so far.
Councilman Kelly stated he realized this situation was not the same as Hovley Lane; on the other
hand, El Paseo was one of the most important streets in the City of Palm Desert. He said this was a
chance for the City to make a big improvement on the looks of El Paseo. In addition, the City has a
sidewalk program, and it is the City's intention to put sidewalks wherever there is a logical need. He
felt this case was an extremely logical need because people who want to walk along there, including
those parking along El Paseo to go to the Historical Society, have to walk in the street or cross to the
other side. He said he felt some kind of arrangement could be worked out with the residents of
Sandpiper that would be mutually agreeable, such as the City and the residents splitting the cost of
the wall. He reiterated that this was a good opportunity for the City to make a big improvement on
El Paseo and take care of some of the safety problems as well.
Councilmember Benson agreed and said she felt this was a vital part of coming into the City. She
agreed the oleander had to be removed because it was a blight to look along that section and see all
of the dead plants. She said she would be agreeable to working out something with the residents of
Sandpiper such as a splitting of the cost of the wall.
Councilman Spiegel stated that according to Plan B, "The idea of a block wall along with
landscaping would certainly enhance El Paseo in this area. The City should pay for the sidewalk and
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varying height wall, as well as the irrigation and plantings; however, the Sandpiper's associations
should pay for the cost of the wall."
Mayor Crites stated that if the City was not in the process of installing a sidewalk in this area, the
residents would have to remove the diseased plants and then put in new plants and a wall. He noted
that there was not a second year's appropriation of funds, and the idea was to get a sidewalk down
the south side of El Paseo to the point where people can cross over to the other side, and from there
on use the side that does have traffic. He said he did not think there was ever any plan to go beyond
that first intersection. He added that he felt the residents of Sandpiper would achieve a wonderful
advantage because the City, in doing the sidewalk program, would be removing all of those diseased
oleanders, preparing the ground, and doing the design work, thereby lessening what would be an
enormous cost that the residents of any other area of the City would normally have to shoulder by
themselves. He said Plan B (in which the City would take everything out, do the irrigation
modifications, do the excavation work, install ramps, and replace the oleanders, with the residents to
pay for the wall) was more than a reasonable and fair settlement with the local residents. He added
that in almost any other case, all of that bill, minus the sidewalk, would be solely the responsibility
of the homeowners.
Councilmember Benson stated that the wall would replace the oleanders.
Mayor Crites disagreed and said that a wall by itself would not necessarily be an attractive feature,
and Plan B showed that the City would be replacing the oleanders. Mr. Folkers stated that it was
staff's intention to use nice plants on the street side of the wall.
Mayor Crites reiterated that if the City is going to do so much of the work, as outlined in Plan B, he
felt it was very fair for the Sandpiper residents to at least pay for the cost of the wall.
Councilmember Spiegel agreed. He said if the City were not to do this sidewalk, he felt the
Sandpiper residents would want to do something about the diseased oleanders. He said he felt staff s
recommendation for Plan B was a good one because the City was sharing the cost of a problem that
happens to affect the residents of Sandpiper because of the dying oleanders.
MR. MALONEY agreed and said his concern was with the cost of the wall and whether the residents
of Sandpiper could afford to pay for it.
Councilmember Spiegel responded that it could be set up as an assessment district and be paid for
over several years.
Upon question by Councilman Kelly, Mayor Crites responded that the removal of the oleanders
would be done as far as the City had planned to install the sidewalk. The rest of the oleanders were
the responsibility of the homeowners. He said the sidewalk would stop at the intersection where
people were crossing the street to the north side of El Paseo.
Mr. Folkers stated that staff had also been approached by Avondale Country Club with a similar
situation. At this point in time, staff was looking to recommend to the Council that the City do the
sidewalk and irrigation, and the residents were agreeable to paying for the wall.
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Councilman Spiegel suggested continuing this matter until information is obtained regarding the
exact cost of the wall, whether or not an assessment district can be set up, and whether it could be
put on the residents' taxes so that it is done over a long period of time.
Mayor Pro-Tem Ferguson said he had served with Councilmember Benson on a committee that
developed the 12 acres on the west end of El Paseo to try and shore up that end of El Paseo to
increase pedestrian flow and had worked with Sandpiper over the years to try and accommodate
mutual concerns. He said Sandpiper was one of the oldest developments in Palm Desert, and the
commercial area grew up around this development. The tax increment the City gets from
redevelopment is in large part from Project Area No. 1, which Sandpiper is right in the middle of.
Sandpiper does abut commercial, and the City does want to exploit commercial for sales tax reasons
but at the same time be good neighbors to Sandpiper. He said he failed to understand, if the City can
pay for it with tax increment that is generated form the Project Area that they suffer the impacts
from, why the City pats itself on the back because it is building a public sidewalk when it should be
building sidewalks. He added that he felt asking fixed income individuals to bear a $130,000 was
the same as asking Palm Desert Country Club homeowners to pay for the cost of the wall that the
City put in along Hovley Lane. He said if it could be worked out with redevelopment money,
whether it is 50/50 or whatever equitable sharing there is, the Council should take a long, hard look
at it. He agreed with Councilman Kelly that the City should do as much as possible at the same
time.
Councilmember Benson said if consideration is being given to doing some kind of assessment
district to finance this project, and because the oleanders beyond the planned sidewalk also have to
be removed, she would be in favor of the whole wall, whether or not sidewalks are installed at this
point in time from Plaza Way down.
Councilman Spiegel suggested that the Council continue this item, ask staff to take another look at
this matter, find out what the cost will be, and work with the residents of Sandpiper to see if there is
a way to work out it so that it is an amicable solution. Staff could then come back to the Council
with a recommendation rather than trying to decide at this time.
Upon question by Mayor Pro-Tem Ferguson relative to when staff plans to build this, Mr. Folkers
responded that staff recommended that this matter be continued for further study, with a report and
recommendation back to the Council at its meeting of August 24, 2000.
Councilman Kelly said since this was in the redevelopment area, improving the area was primarily
what redevelopment is all about, and redevelopment monies could possibly be used, it seemed that
this particular area had plenty of tax increment coming in.
Councilman Spiegel moved to, by Minute Motion, continue this matter to the meeting of August 24, 2000,
with direction to staff to return at that time with a review of all the possible alternatives, including the use of
Redevelopment funds and constructing the sidewalk all the way to Town Center Way. Motion was seconded by
Councilman Kelly.
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Mayor Pro-Tem Ferguson asked Mr. Folkers if doing this would push construction into the middle of .
the season.
Mr. Folkers responded that this project should not affect traffic.
Mayor Crites called for the vote, and the motion carried by unanimous vote.
7. REPORT BY MICHAEL BRACKEN RELATIVE TO COACHELLA VALLEY ECONOMIC
PARTNERSHIP ACTIVITIES.
MR. MICHAEL BRACKEN, President of the Coachella Valley Economic Partnership, stated that
during the review for Outside Agency Funding, it was conveyed to him that there were several
members of Council who had some questions about what was going on at the Coachella Valley
Economic Partnership and how things were progressing. He reviewed his status report dated
July 13, 2000, and also requested that the Council restore the Partnership's funding level for the year
2000/2001 to the same level as 1999/2000.
Councilman Spiegel stated that he and Councilmember Benson were on the committee that
recommended the $9,000 for the Partnership for 2000/2001, and this $9,000 was for the office lease
for the Partnership. He said they had also looked at what the other surrounding communities were .."6
giving, and his memory was that Palm Desert was at the top of the list as far as dollars provided.
The additional $5,000 requested would put Palm Desert far beyond the top of the list, and that is why
the recommendation was for just the $9,000. He said there was nothing against the Partnership at
all.
MR. BRACKEN stated that 19 months ago when he took over as Executive Director, only three of
the ten public agencies were partners (Palm Desert, Indian Wells, and the County of Riverside).
Today, other than the City of Palm Desert and the County of Riverside, each of the other public
agencies was putting in $5,000 on the table. He said the County of Riverside had contributed
$15,000, and the City of Palm Desert had approved $9,000. He said the Partnership was trying to
maintain the base it has, and some cities, like La Quinta, had asked what they could do to augment
the efforts of the Partnership and had stated they would come to the table with more money.
Mayor Pro-Tem Ferguson stated that he had asked Councilman Spiegel if he would consider going
back to the prior year's funding. He said the reason was that every city puts in $5,000 cash to help
with the Partnership's cash flow, and Palm Desert went one step extra by providing the Partnership
with free rent. He said at the time, Palm Desert had dissolved its internal economic development
function, and he and Councilmember Benson discussed Palm Desert taking more of a regional role.
He noted that while Palm Desert is only one of ten cities in the Valley, it gets one out of every three
cents sales tax dollars; because Palm Desert has a disproportionate benefit, it should take a
disproportionate burden. He said his concern was that it looked like the City of Palm Desert, which
was taking the lead, now looked as if it was taking a step back, and he did not want to adversely
affect the Partnership. He added that $5,000 in hand is sometimes a little bit more helpful than a free
office from a funding standpoint.
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Councilmember Benson added that there was no objection to the $5,000 as long as every other city
in the Valley was also giving $5,000, and at the point the Committee reviewed this request, every
city was not doing that. If it is now the case that every other city is providing $5,000, she said she
would have no objection to increasing Palm Desert's commitment by $5,000.
MR. BRACKEN stated that he would forward to the City Clerk a copy of the original application
which did reflect that every city was putting in $5,000.
Mayor Pro-Tem Spiegel stated he felt it was important that every other city in the Valley know that
Palm Desert is putting in a major share of the money compared with what they are putting in and that
they are stimulated to put in additional dollars. He said La Quinta would benefit from a housing
standpoint probably more than Palm Desert.
MR. BRACKEN agreed.
Councilman Spiegel stated that he would like a caveat in the motion that Mr. Bracken will go back to
the other cities and say that Palm Desert was putting in $14,000, and it was expected that the other
cities come to the plate, at least those that can do so.
Councilman Spiegel moved to, by Minute Motion, approve additional funding for the Coachella Valley
Economic Partnership in the amount of $5,000 and ask that the organization let its other participating cities
know of Palm Desert's strong commitment. Motion was seconded by Kelly and carried by unanimous vote.
XI. CONTINUED BUSINESS
A. REQUEST FOR APPROVAL OF DESERT AIDS WALK 2001 IN THE CITY OF
PALM DESERT (Continued from the meetings of June 8, and June 22, 2000).
Mrs. Gilligan recommended that this matter be continued. She said an alternate site was being
considered with the Desert AIDS group.
Councilman Spiegel moved to continue this matter to the meeting of August 24, 2000. Motion was
seconded by Benson and carried by unanimous vote.
B. CONSIDERATION OF AN APPEAL OF A DECISION OF THE ARCHITECTURAL REVIEW
COMMISSION, DENYING A REQUEST TO STORE A RECREATIONAL VEHICLE IN THE
FRONT YARD AT 73-115 CATALINA WAY Case No. RV 00-3 (Richard L. Word, Appellant)
(Continued from the meetings of June 8, and June 22, 2000).
Mr. Drell stated that this matter had been before the Council several times in the past, and Council
was unable to make a decision because not all the members were present.
Councilman Spiegel stated that this was to allow the Appellant to park his recreational vehicle in his
front yard by lowering the driveway and building a six-foot wall.
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Councilmember Benson stated that the letter in the packets was the one she had requested from the k
Appellant at the last meeting (attached hereto and made a part hereof as Exhibit "A").
Councilman Spiegel moved to, by Minute Motion, grant the appeal and approve the Appellant's request to
store a recreational vehicle in the front yard at 73-115 Catalina Way as proposed. Motion was seconded by
Benson and carried by a 4-1 vote, with Mayor Pro-Tem Ferguson voting NO.
C. REOUEST FOR APPROVAL OF MONTEREY AVENUE MEDIAN ENHANCEMENT
COLLABORATIVE ART IN PUBLIC PLACES/PUBLIC WORKS DEPARTMENT PROJECT
(CONTRACT NO. C18000) (Continued from the meeting of June 22, 2000).
Community Arts Manager Carolyn Miller stated that she, Spencer Knight, artist Will Nettleship, and
AIPP Commissioner Katherine Hough were available to answer any questions regarding the
Monterey Median project that was explored at the joint study session with the Council on July 5,
2000. She said this was a collaborative between Public Works and AIPP.
Councilmember Benson moved to, by Minute Motion: 1) Approve the Art In Public Places Commission
recommendation to approve the design concept by Artist Will Nettleship for the subject project; 2) authorize
preparation of construction documents in an amount not to exceed $70,000 -- funds are available in Account
No. 436-4650-454-4001. Motion was seconded by Spiegel and carried by a 3-2 vote, with Mayor Pro-Tem ."41
Ferguson and Councilman Kelly voting NO.
XII. OLD BUSINESS
A. REOUEST FOR AWARD OF CONTRACT FOR DESIGN SERVICES FOR THE COUNCIL
CHAMBER ATRIUM ENTRY AND KIOSK PROJECT (CONTRACT NO. C17180,
PROJECT NO. 595).
Mr. Ortega noted the report in the packets and stated that Mr. Folkers was available to answer any
questions.
Councilman Spiegel moved to, by Minute Motion, approve the subject architectural design contract with
Urrutia Architects, Palm Desert, California, in an amount not to exceed $51,850 and authorize the Mayor to
execute same. Motion was seconded by Kelly and carried by unanimous vote.
B. REOUEST FOR AWARD OF CONTRACT FOR THE VARIOUS TRAFFIC SIGNALS
THROUGHOUT THE CITY OF PALM DESERT (CONTRACT NOS. C17500, C17750, C17760.
C17770, AND C17780; PROJECT NOS. 554-95, 555-99, 556-99, 559-99, AND 562-00).
Mr. Folkers reviewed the staff report, noting that this was to finish the signals which had been
approved at various locations in the City. He said staff's recommendation was that Council approve
the contracts with DBX, Inc. of Temecula.
Councilman Kelly asked for the timing for completion of these projects if approved by the Council.
Mr. Greenwood responded that they should be completed by Fall 2000.
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Mayor Pro-Tem Ferguson moved to, by Minute Motion: 1) Award the subject contract to DBX, Inc.,
Temecula, California, in the amount of $516,159 and authorize a ten percent (10%) contingency in the amount
of $51,615.90 for the installation of traffic signals at the intersections of: a) Fred Waring Drive and College of
the Desert Driveway (No. 554-95); b) Hovley Lane East and Beacon Hill (No. 555-99); c) Hovley Lane East and
Corporate Way (No. 556-99); d) Hovley Lane East and Warner Trail (No. 559-99); e) Hovley Lane East and
Casbah Way/Indian Ridge Country Club (No. 562-00); 2) authorize the Mayor to execute said contract. Motion
was seconded by Benson and carried by unanimous vote.
C. CONSIDERATION OF PORTOLA AVENUE TRAFFIC CONTROL.
Mr. Folkers reviewed the staff report, noting that Council had asked staff to look into the corridor
and to make a recommendation with regard to Portola Avenue. He said there had been various items
brought up to the staff since this report had been made public. One of the concerns of the motorists
who travel up and down Portola was the fact that this would make a bad situation worse. He said
having the signals would not require every vehicle to stop at every three-way or four-way stop. In
theory, this should be a better flow. He said there were problems during the morning and afternoon
rush hours; however, there were other times during the day when traffic is not a problem, and therein
was part of the concern on the part of residents.
Mr. Greenwood showed a video of traffic on Portola Avenue and problems related thereto. He noted
that the heavy traffic was northbound in the afternoons and southbound in the mornings and that it
took approximately five minutes to travel half a mile. He said that for at least the next few years,
signalizing the all -way stop intersections would considerably improve conditions, although some day
there may be a need to widen Portola Avenue to handle traffic volume increases in the future, and
there would probably be a need for at least four lanes on Portola Avenue at Fairway. With regard to
Grapevine, it was anticipated there would be a need for only two lanes in the next 20 years. He said
the intersection at Shadow Mountain was a two-way stop; it met warrants for a signal, and traffic
flow in the area would probably be improved by installation of a signal at that location. In addition,
access to Washington Charter School would be improved, and the crossing guard now on Portola at
Chicory could be moved to Shadow Mountain. Staff recommended installation of four signals where
there are now all -way stops at three intersections (Fairway Drive, Grapevine Street, and Vintage
Drive/Marrakesh Drive) and a two-way stop at Portola Avenue and Shadow Mountain Drive.
Mayor Crites asked how much of this project the City of Indian Wells was planning to pay for.
Mr. Greenwood responded that staff had not yet approached the City of Indian Wells and thought it
would be best to discuss this with the Council first to see how it wishes staff to proceed.
Councilman Spiegel asked what would happen if the signals were installed one at a time to see if
they help the traffic situation rather than four at once.
Mr. Greenwood responded that this was staff's original approach and that they had come to Council
with a recommendation for Shadow Mountain and Fairway Drive; the direction from staff was to
look at the entire corridor and to handle it as one unit.
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Councilman Spiegel stated that part of the problem was that anyone working at the Vintage must W
travel on Portola to enter that gate, and the majority of the Reserve, which was being built now, was
in Indian Wells, and people must travel Portola to enter that development as well.
Mr. Greenwood added that the same was true for Ironwood. He said staff felt it was a combination
of service people, contractors, gardeners, etc. all getting off work at the same time, plus parents
going to Washington Charter School to pick up their kids.
Mr. Folkers stated that there was one other complication. Because of complaints of the residents
along Haystack and Mesa View, the City had required that all of the trucking be up and down
Portola Avenue; as a result, more truck traffic was added to Portola Avenue.
Councilman Spiegel asked if there was any way to require that they not be on Portola at certain
hours.
Mr. Folkers responded that there was already a problem with that on Fred Waring Drive in Indian
Wells, and putting in that restriction on Portola Avenue might complicate the situation.
Councilmember Benson stated that she uses Portola Avenue almost every day and had not had any
trouble since the installation of the three-way stops at Grapevine and at Fairway; however, she did
notice a problem at Shadow Mountain with the two-way stop and said it was difficult to get across
Portola on Shadow Mountain.
Councilman Kelly agreed it was a dangerous situation.
Councilmember Benson suggested installing a signal at Shadow Mountain first to see if it will help
the traffic problems.
Mayor Pro-Tem Ferguson agreed. He noted that he travels Portola Avenue every day; although he
had heard from people on many other streets in Palm Desert, he had never heard anyone complain
about traffic on Portola. He said if a signal at Shadow Mountain would help the school and would
be a good trial to see if it helps sequence traffic any better into El Paseo and Highway 111, he said
he would be willing to go that far; however, he disagreed with putting all four signals on Portola
without having received letters, phone calls and complaints.
Mayor Crites stated that he was one of the people who had asked to have the entire corridor studied.
He expressed concern that putting in only one signal would not really increase the traffic flow when
people would then have to stop at a three-way stop sign a short distance further along the street. He
said with the four signals, he could see someone starting out at Haystack and, by driving 30 miles
per hour, being able to get all the way down to Highway 111. However, he said he could also see in
his mind that will never happen, and there will be a problem with the timing of the signals like there
are in other areas of the City. He asked Mr. Greenwood if it would be possible to do signals that are
only signalized during the rush hours.
Mr. Greenwood responded that these signals would be actuated by traffic. He said if Council
wished, the signals could be green on Portola unless a car comes up on the side street; staff could
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even program how much delay that car on the side street would have before the signal changed. He
added that staff had a lot of control with these signals, and staff was also recommending that they be
interconnected so that the timing would fit to make progression, although that did not guarantee that
every car sees a green light every time.
Mayor Crites asked if there was a major cost difference between doing one now and two or three
later.
Mr. Greenwood responded that there would probably not be a substantial cost difference.
Councilman Kelly stated that installing a signal at Shadow Mountain would also benefit the street
just north of that because it would give people space to get out, whereas having just the stop sign
means there is a constant flow.
Mr. Greenwood stated that both Larrea and Shadow Mountain met warrants for a signal. Staff had to
pick one of the two, and Shadow Mountain made the most sense overall. He added that this could
help Larrea somewhat at the Post Office.
Councilmember Benson moved to by Minute Motion, approve installation of a traffic signal at Shadow
Mountain only. Motion was seconded by Ferguson and carried by unanimous vote.
D. CONSIDERATION OF TRAFFIC CONDITIONS IN THE EDGEHILL DRIVE
NEIGHBORHOOD.
Mr. Greenwood reviewed the staff report and offered to answer any questions.
Councilman Spiegel moved to, by Minute Motion, concur with the recommendations of the Technical
Traffic Committee, Public Safety Commission, and staff that no additional action should be taken in the subject
neighborhood. Motion was seconded by Ferguson and carried by a 4-0 vote, with Councilman Kelly ABSENT.
E. REQUEST FOR AUTHORIZATION TO NEGOTIATE AGREEMENT FOR INTEGRATED
SOLID WASTE MANAGEMENT SERVICES FOR THE CITY OF PALM DESERT
(CONTRACT NO. C17230).
Mrs. Gilligan noted the staff report in the packets outlining the subcommittee's recommendation.
She added that Mr. Laith Ezzett, the City's consultant, was available in the audience if Council had
any questions.
Mr. Erwin indicated for the record that Mayor Pro-Tem Ferguson had abstained in the past and had
left the Council Chamber at this time.
Mayor Crites stated that he had asked Mrs. Gilligan to include information on all of the various
bidders in terms of the percentage differences. He also noted that the July 12th Press Enterprise
Newspaper Desert Pass Section had a story indicating that in the unincorporated areas of much of
Riverside County, they will be seeing monthly increases of from $0.49 to $0.69. He said he felt it
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was interesting to see that Palm Desert was looking at net decreases in rates where much of
Riverside County was looking at a trend going in the opposite direction.
Councilmember Benson asked if this would come back for a public hearing once Council approves
this recommendation.
Mrs. Gilligan responded that the actual contract would come back for approval by the City Council,
but there would not be a public hearing.
Mr. Ortega added that a contract had yet to be negotiated.
MR. DAVE AULT, Executive Director for Franchise Administration for Taormina Industries and
Corporate Officer of Republic Industries, addressed the Council and stated that they looked forward
to the RFP process. He said they had not participated with Rancho Mirage and had made a corporate
decision to come into the desert and participate with Palm Desert. He noted that this was partially
due to the fact that he had been a resident of the desert for 14 years, currently residing in La Quinta.
He said with the merger of Waste Management and Western Waste, there really is no competition in
the Coachella Valley right now for solid waste services. Being an avid golfer, he understood that if
he just plays golf by himself every day, he probably would not be a very good golfer after awhile.
He said he felt competition brings out the best in golfers and other companies as well, and that is ."446
why his company is out here. He noted that he was disappointed with the process and was
disappointed that in reviewing the RFP responses, his company was clearly the low bidder by
approximately $2 million for an RFP worth about $40 million in annual revenue for the period of the
RFP. No one called his company, and they did not even have a chance to speak with the
subcommittee, although they were 100% responsive to the RFP. He said Waste Management took
exceptions. He noted that even though Waste Management was a larger company, he felt through
the financial records the Council would understand that his company was probably the strongest
financially of any company in the United States at this time. His company was ready to come out to
the desert with new equipment and new containers and give quality service. The only question was
transition, yet no one called his company. He said if someone had called, they would have found out
that in the past 60 days, his company had transitioned 58,000 homes in Anaheim to a third container
without a single complaint. In the past five years, they had transitioned three cities, with over a
quarter million population, and they were all seamless transitions through acquisitions. In the past
eleven years, the company had grown from $3 million to over $100 million in annual sales, and this
was done with a philosophy of quality. He said he had tremendous respect for Waste Management,
and Ray Burke of Waste Management had started with his company and learned the waste industry
from Taormina. He said Waste Management deserved the City's support and had done a good job in
the community; however, he was disappointed that his company did not have an opportunity to
speak with the Council and the subcommittee. He added that he was particularly disappointed for
his staff who had spent hours in Palm Desert personally visiting every association in Palm Desert,
speaking to homeowners, and speaking with management people. The RFP was professionally done,
and his company was the low bidder. He thanked the Council for the opportunity to participate, and
he asked that his staff receive some form of official acknowledgment for the job they did. He added
that he had not even been notified of this Council meeting other than receiving a faxed copy of the
staff report. He felt Palm Desert was a gem of a city, and he would have liked to have an
opportunity to meet and speak with the Council.
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MR. FRANK ORLETT, District Manager of Waste Management of the Desert, said he appreciated
staff's report and the subcommittee's recommendation. He said Waste Management had been a
partner in the community for the past 20 years and looked forward to being a partner in the
community for the next seven years. He added that he believed the proposal speaks for itself, and he
offered to answer any questions.
Councilman Kelly, a member of the subcommittee, stated that this was one of those things that goes
really deep. The proposal would mean a reduction in rates for the residents. He said one of the
biggest positives to him was the fact that Waste Management was a company that had given the City
of Palm Desert excellent service for many years. It was located in the City and was an active
participant in the community. In addition, it had gone out of its way to change its trucks to natural
gas and put in a natural gas fueling station. He said he felt there would need to be something critical
before booting someone out.
Councilman Spiegel congratulated Taormina on what it gave to the City and to the consultant. He
said the subcommittee met with local residents and businesses to set up the criteria to be put into the
RFP. That was then sent out to approximately 15 to 20 different organizations which had asked to
see it. There were two that came back that were very close. Overall, Taormina's bid was a little
less; on the other hand, he said he had been on the Council for five years, and he had yet to have one
resident call him to complain about Waste Management. Waste Management had been good
neighbors, and it would take a lot for him when the prices are fairly close to not recommend that to
the rest of the Council, and that is the reason for his recommendation for Waste Management.
Mr. Ortega stated that in his discussion with the City Attorney, the recommendation was to negotiate
a contract. He said he had specifically asked whether one of the things to be looked at was
specifically the total amount of the bid since residential rates would be lower and commercial rates
would be higher. He said if the Council wished, it could give direction to staff to negotiate the rates
as well.
Mayor Crites stated that with the action as recommended, staff would have the authorization to
negotiate.
Councilman Spiegel moved to, by Minute Motion, concur with recommendation and direct staff to
negotiate and execute the agreement with Waste Management of the Desert. Motion was seconded by Kelly and
carried by a 4-0-1 vote, with Mayor Pro-Tem Ferguson ABSTAINING.
XIII. REPORTS AND REMARKS
A. INFORMATIONAL ITEMS:
1. Progress Report on Retail Center Vacancies
Mayor Crites noted the report in the packets.
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B. CITY MANAGER
None
C. CITY ATTORNEY
Mr. Erwin noted the items listed on the Agenda and requested a Closed Session at an appropriate
time. He also asked that the Council add one item under Real Property Negotiations (Item #4
below).
1) Request for Closed Session:
Conference with Real Property Negotiator pursuant to Government Code Section 54956.8:
1) Property: 1001 acres - West of Palm Valley Channel - South of Painters Path -
Palm Desert, CA
Negotiating Parties:
Agency: Phil Drell/City of P jlm Desert
Property Owner: G. George Fox
Under Negotiation: x Price x Terms of Payment
2) Property: APN 632-061-025
Negotiating Parties:
Agency: Richard J. Folkers/City of Palm Desert
Property Owner: Eugene Doms
Under Negotiation: x Price x Terms of Payment
3) Property: APN 627-071-057
Negotiating Parties:
Agency: Richard J. Folkers/City of Palm Desert
Property Owner: Dr. Gary Lyons
Under Negotiation: x Price x Terms of Payment
4) Property: .43 Acres at 44-491 Portola Avenue, Palm Desert
Negotiating Parties:
Agency: Phil Drell/City of Palm Desert
Property Owner: Coachella Valley Water District
Under Negotiation: x Price x Terms of Payment
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Councilman Spiegel moved to add this item to the Closed Session Agenda. Motion was seconded by
Crites and carried by a 4-0 vote, with Mayor Pro-Tem Ferguson ABSENT.
Conference with Legal Counsel regarding existing litigation pursuant to Government
Code Section 54956.9(a):
a) City of Palm Desert v. J. M. Madera, LLC (Caesar's Emperor), Riverside County
Superior Court Case No. INC 012724
b) City of Palm Desert v. Juan M. Armenta, et al., Riverside County Superior Court
Case No. INC 014067
c) City of Palm Desert v. Shadow Hills, LLC, Riverside County Superior Court Case
No. INC 016916
Conference with Legal Counsel regarding significant exposure to litigation pursuant to
Government Code Section 54956.9(b):
Number of potential cases: 2
Public Employment pursuant to Government Code Section 54957:
Titles of Positions: City Attorney
City Clerk
City Manager
Redevelopment Agency Executive Director
2) Report and Action on Items from Closed Session Made at This Meeting.
None
D. CITY CLERK
None
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Consideration of Support for Desert Healthcare District's Application for
Vets Express Service Program Grant (Mayor Buford A. Crites).
Mayor Crites stated he had received a letter of support for the Desert Healthcare
District Vets Express Service Program Grant.
Councilman Kelly moved to, by Minute Motion, send a letter of support for this grant. Motion was
seconded by Spiegel and carried by a 4-0 vote, with Mayor Pro-Tem Ferguson ABSENT.
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2. Consideration of Letters from Silver Spur Mobile Manor and Silver Spur
Homeowners Association, Inc., Regarding Highway 74 (Mayor Buford A. Crites).
With Council concurrence, staff was directed to send a letter to the Department of Transportation District
Director requesting certain modifications at this location.
o City Council Committee Reports:
1. Councilmember Benson stated that this Saturday at the Children's Museum is the
free performance funded by monies given to the Museum by the City of Palm Desert.
The performance is scheduled for 2:00 p.m., and it should be very good. In addition,
on August 21 or 22, there will be a reception in the Mall for the Cove Commission's
cooperative program with the Children's Museum. She said that would officially
open on August 26th, but the VIP reception was being held to show the other cities
what the Cove Communities are doing.
2. Councilman Spiegel expressed concern that the small skateboard park not be built
until there is a demand for it.
Mayor Crites responded that this matter was on the Agenda for the July 31st Council
meeting.
3. Mayor Crites stated that on Fred Waring Drive widening, he had a couple of people
who had called to ask if they could salvage landscaping when the City is getting
ready to tear down houses. He asked if there was a program for this and who people
could contact.
Mr. Folkers stated that Spencer Knight had gone through and taken anything that was
of value to the City. He said people calling with these types of questions should be
referred to Mr. Knight.
4. Mayor Crites stated that he had attended the funeral yesterday for Mr. Joe Gonsalves
on behalf of the City Council and had a chance to talk with his son, Anthony, who
was very positively surprised that the City was represented and was most
appreciative. He circulated a copy of the program from the funeral. He said the
house was filled with people who had known him as a dairy farmer in southern
California, some who had known him as a legislator, and others who had known him
as a lobbyist. He added that it was a very moving tribute to a man who had done a
lot for the City of Palm Desert.
With Council concurrence, Mayor Crites adjourned the meeting at 6:00 p.m. for dinner and Closed
Session. He reconvened the meeting at 7:00 p.m.
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XIV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
None
XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION OF "EVERYDAY HERO" AWARDS TO BONNIE FALKOWSKI AND
DALLAS REED.
Mayor Pro-Tem Ferguson read a letter from Mrs. Phyllis Hiefield explaining that these two
individuals were nominated for these awards because of their assistance to her and her husband last
December following an automobile accident on Highway 74 at the entrance to Indian Hills Way. On
behalf of the entire City Council, he presented the City of Palm Desert "Everyday Hero" award to
each of them. He noted that the letter explained in great detail about the heroic efforts of these two
individuals. He said it appeared the lady in the car had her seatbelt wrapped around her neck to the
point that it dislocated her vertebrae, and she was strangling to death. Mr. Reed left to get a kitchen
knife from his home and came back and cut the seatbelt from around her neck, while Ms. Falkowski
stayed with the two injured people and comforted them. He thanked both Mr. Reed and
Ms. Falkowski for their brave and heroic efforts and said that the City was proud to have them as
residents.
XVI. PUBLIC HEARINGS
A. CONSIDERATION OF THE SALE OF MOBILE HOME LOT NOS. 79 (APN 622-351-079-3), 117
(APN 622-351-117-4), AND 122 (APN 622-351-122-8) LOCATED AT 43-155 PORTOLA
AVENUE (PORTOLA PALMS MOBILE HOME PARK) AT FAIR MARKET VALUE (JOINT
CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY).
Housing Manager Teresa LaRocca reviewed the staff report, noting that with these three mobile
homes, the City will have sold 19 spaces. There are 14 vacant still to sell and six spaces that are
rented. She said she hoped to have several more on the Agenda for the next meeting. She offered to
answer any questions.
Mayor Pro-Tem/Vice Chairman Ferguson declared the public hearing open and invited testimony in
FAVOR of or OPPOSED to this request. No testimony was offered, and he declared the public hearing
closed.
Councilman/Member Spiegel moved to waive further reading and adopt: 1) City Council Resolution No.
00-87, authorizing the Palm Desert Redevelopment Agency to sell mobile home lot numbers 79, 117, and 122,
located at 43-155 Portola Avenue (Portola Palms Mobile Home Park) and making a finding that the monetary
consideration recovered for the sale is not less than fair market value; 2) Redevelopment Agency Resolution No.
398, authorizing the sale of mobile home lot numbers 79, 117, and 122, located at 43-155 Portola Avenue
(Portola Palms Mobile Home Park) at fair market value. Motion was seconded by Benson and carried by a 4-0
vote, with Mayor/Chairman Crites ABSENT.
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B. CONSIDERATION OF THE FORMATION OF HOVLEY COURT WEST LANDSCAPING AND
LIGHTING DISTRICT.
Senior Management Analyst Tom Bassler reviewed the staff report, noting that this would form a
landscape and lighting assessment district for Hovley Court West. He stated that ballot results
would be announced at the end of the public hearing.
Mayor Pro-Tem Ferguson declared the public hearing open and invited testimony in FAVOR of or
OPPOSED to this request. No testimony was offered, and he declared the public hearing closed.
Mr. Bassler stated for the record that the landowners of record within the district at the close of the
public hearing held on July 13, 2000, did cast their ballots with the following results: "Yes" votes
represent $4,216.32; "No" votes were zero, and the district passed unanimously.
Councilman Spiegel moved to waive further reading and adopt: 1) Resolution No. 00-88, declaring the
results of a property owner protest and related actions for the Hovley Court West Landscaping and Lighting
District; 2) Resolution No. 00-89, approving the engineer's report as presented or amended, the concurrent
annexation into the Palm Desert Consolidated Landscaping and Lighting District, and the levy and collection of
annual assessments for Fiscal Year 2000/01 for the Hovley Court West Landscaping and Lighting District;
3) Resolution No. 00-90, ordering the formation of the Hovley Court West Landscaping and Lighting District,
the concurrent annexation of said district into the Palm Desert Consolidated Landscaping and Lighting District,
and the levy and collection of annual assessments commencing with Fiscal Year 2000/01. Motion was seconded
by Kelly and carried by a 4-0 vote, with Mayor Crites ABSENT.
C. CONSIDERATION OF THE FORMATION OF SANDPIPER COURT WEST
LANDSCAPING AND LIGHTING DISTRICT.
Mr. Bassler stated that there were three resolutions to form this assessment district.
Mayor Pro-Tem Ferguson declared the public hearing open and invited testimony in FAVOR of or
OPPOSED to this request. No testimony was offered, and he declared the public hearing closed.
Mr. Bassler stated for the record that the landowners of record within the district at the close of the
public hearing held on July 13, 2000, did cast their ballots with the following results: "Yes" votes
represent $5,171.20; "No" votes were zero, and the district passed unanimously.
Councilman Spiegel moved to waive further reading and adopt: 1) Resolution No. 00-91, declaring the
results of a property owner protest and related actions for the Sandpiper West Landscaping and Lighting
District; 2) Resolution No. 00-92, approving the engineer's report as presented or amended, the concurrent
annexation into the Palm Desert Consolidated Landscaping and Lighting District, and the levy and collection of
annual assessments for Fiscal Year 2000/01 for the Sandpiper Court West Landscaping and Lighting District;
3) Resolution No. 00-93, ordering the formation of the Sandpiper Court West Landscaping and Lighting
District, the concurrent annexation of said district into the Palm Desert Consolidated Landscaping and Lighting , ,
District, and the levy and collection of annual assessments commencing with Fiscal Year 2000/01. Motion was
seconded by Kelly and carried by a 4-0 vote, with Mayor Crites ABSENT.
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D. CONSIDERATION OF A REQUEST FOR APPROVAL OF A PRECISE PLAN OF DESIGN
AND GRANTING OF SECOND READING TO A CHANGE OF ZONE FOR FOUR
INDUSTRIAL LOTS ON THE EAST SIDE OF GARAND AVENUE
(39-750 GARAND AVENUE) Case Nos. C/Z 98-9 and PP 00-08 (White Rock Investments, Inc.,
and Robert Ricciardi, Applicants).
Mr. Drell reviewed the staff report, noting that this was for commercial projects currently under
construction on the north side of Country Club. He offered to answer any questions.
Mayor Pro-Tem Ferguson declared the public hearing open and invited testimony in FAVOR of or
OPPOSED to this request.
MR. ROBERT RICCIARDI, Architect for the project, 75-095 St. Charles Place, Palm Desert,
addressed the Council and stated they had tried to meet all of the requirements of staff, the
Architectural Review Commission, and the Planning Commission. He said the project to the south
was also going ahead as soon as possible and had been approved by Architectural Review. The next
step was to get the zoning changed so they could legally build those buildings. He said he felt it
would be a nice development. He added that the White Rock project to the north would be hidden
by all the buildings to the south, and one would not be able to see the industrial from Country Club
at all. He said there would be covered car parking on the project to the south, and this would also
help to hide the buildings.
With no further testimony offered, Mayor Pro-Tem Ferguson declared the public hearing closed.
Councilman Spiegel moved to: 1) Waive further reading and adopt Ordinance No. 904, amending
Ordinance No. 107, the Palm Desert Zoning Map, by rezoning 3.71 acres located east of Garand Lane from
PC(2) (neighborhood commercial) to S.I. (service industrial); 2) By Minute Motion, affirm the decision of the
Planning Commission, approving PP 00-08. Motion was seconded by Benson and carried by a 4-0 vote, with
Mayor Crites ABSENT.
E. CONSIDERATION OF AN APPEAL TO A DECISION OF THE PLANNING COMMISSION,
DENYING A VARIANCE TO THE REQUIRED FRONT SETBACK FROM 14 FEET TO 3 FEET
FOR CARPORT STRUCTURE IN FRONT OF THE RESIDENCE AT 77-290 INDIANA
AVENUE Case No. VAR 00-01 (David Reyes, Appellant).
Mr. Drell reviewed the staff report, noting that there was some confusion on the plan submitted by
the applicant, and that confusion was carried on to the planner processing the plan. He noted that
part of the problem was a language problem, although the City does have a Spanish speaking planner
who was apparently out of the office at the time the applicant brought in the plans. He said where
there was thought to be sufficient room to put the carport in within the required setback, it turned out
there was not 41 feet but only 26 feet of setback. Based on the understanding that there was 41 feet,
a permit was issued, and the applicant began construction of the carport and made it through footing
inspection. At framing inspection, the building inspector noted that it appeared to be too close to the
street, at which time the project was stopped. The applicant was called in and initiated the variance
process. At Planning Commission, it was noted that this property was within the Palm Desert
Country Club area, and the request was continued by the Planning Commission to allow the
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applicant to apply to the Palm Desert Country Club Association. The Association recommended
denial of the variance, and the Planning Commission subsequently felt it could not make the findings
for the variance and denied the application. The applicant has now appealed the Planning
Commission decision. He noted that a telephone call had been received from a Shirley Lambert who
lives six doors away from this residence, and she indicated her objection to the granting of a variance
and felt the carport looked terrible and out of character for the neighborhood. He said staff did not
believe that findings for a variance could be made and, therefore, concurred with the Planning
Commission and recommended denial of the request.
Councilman Spiegel asked how much more work needed to be done to complete the carport.
Mr. Drell responded that he was not sure.
Councilman Kelly asked whether construction was stopped immediately upon discovery of the
problems with the setback or whether the applicant continued and put the tarpaper up.
Mr. Drell responded that the tarpaper was not finished and was sort of draped over the carport. He
said he believed the tarpaper was added after the framing inspection.
MR. REYES, the applicant, stated that it was all done by the time it was noticed that there was a
problem with the setback.
Councilman Kelly said it was difficult for him to look at the photos and believe it passed the City's
Codes as far as construction. He added that it looked like the posts and footings were very flimsy.
Mayor Pro-Tem Ferguson stated that before a variance is granted, it was necessary to make a
threshold interpretation, and he asked what that test was.
Mr. Erwin responded that there were basically four elements to granting a variance; first, if a strict or
literal interpretation and enforcement of the regulation is going to occasion to some practical
difficulty or unnecessary hardship, it is inconsistent with the regulation; secondly, that there are
exceptional or extraordinary circumstances applicable to the particular property and its intended use
that does not apply generally to the other properties in the area; third, that the strict interpretation and
enforcement is going to deprive the applicant of privileges enjoyed by other property in the
immediate area; and fourth, the granting will not be detrimental to the public health, safety, or
welfare or injurious to other properties and improvements in the immediate vicinity. He said the
hardest of those was the third.
Mayor Pro-Tem Ferguson asked whether the map the applicant submitted had contained an
erroneous measurement of a setback, which caused the permit to be issued in the first place. Mr.
Drell responded that it was a confusing map. Upon further question by Mayor Pro-Tem Ferguson as
to whose mistake it was, Mr. Drell responded that it was a combination of misunderstanding between
the applicant and the planner as to what physically was on the plan. He said the plan as approved
specifically noted that it was approved on the basis of their being 41 feet of setback available.
Mayor Pro-Tem Ferguson declared the public hearing open and invited testimony in FAVOR of or
OPPOSED to this request.
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MR. DAVID REYES, 77-290 Indiana Avenue, stated that there were two inspections before
construction was stopped.
Councilman Spiegel noted a letter from the President of the Palm Desert County Club Homeowners
Association and asked whether Mr. Reyes had approached the Association for a permit before
coming to the City. Mr. Reyes responded that he had, and Councilman Spiegel asked whether they
had approved the request.
Mr. Reyes responded that the Association had sent a letter denying the permit.
Mr. Drell stated that his understanding was that the application to the Homeowners Association
came at the request of City staff after it had already gone to Planning Commission the first time, and
the applicant was already in the variance process when he was directed to go to the Association.
Mayor Pro-Tem Ferguson declared the public hearing closed.
Councilmember Benson stated that with all the things the City is trying to do in the Palm Desert Country
Club area to upgrade it, she did not feel this was an upgraded enhancement to the property, and she moved to
waive further reading and adopt Resolution No. 00-94, denying an appeal to a decision of the Planning
Commission, denying a variance to reduce the required front setback from 14 feet to 3 feet for a carport
structure in front of the residence at 77-290 Indiana Avenue. Motion was seconded by Kelly because it was not
possible to read the third requirement read by the City Attorney.
Councilman Kelly said he would not deny that the City might have some liability to do something
about this because it let this construction continue; however, the structure cannot be left there.
Councilman Spiegel agreed and stated that the City obviously made an error and did not get all of
the information it should have. The measurements were not exactly proper, and it was up to staff to
check those. The applicant went through the expense of constructing the carport, assuming that
everything was approved, when in essence it really was not approved because staff was not looking
at the right thing. He agreed with Councilman Kelly and Councilmember Benson in feeling that this
is certainly not an enhancement to the neighborhood. Besides the letter from the Homeowners
Association, the City had received several letters from neighbors who were also opposed to the
project. He said the applicant had put money into the project and should not be jeopardized that
money. Mayor Pro-Tem Ferguson stated that legally he did not feel the applicant met the standards
for a variance. He said this was not handled properly; however, he was convinced that had it been
handled properly, the applicant never would have been granted a permit in the first place. He said
cities are not typically liable for the negligence of their employees in these types of situations;
however, that does not relieve the Council of a moral obligation to try and put the applicant back to
where he would have been had this been handled correctly. He said his suggestion would be to ask
the applicant to submit a claim to the City with receipts for actual expenses incurred with building a
carport, and the City would consider reimbursing him his money.
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Councilmember Benson agreed to amend her motion to include authorization for the applicant to submit a
claim to the City for all expenses involved in the project to date. Councilman Spiegel agreed to amend his
second, and the motion carried by unanimous a 4-0 vote, with Mayor Crites ABSENT.
XVII. ADJOURNMENT
With Council concurrence, Mayor Pro-Tem Ferguson adjourned the meeting at 7:40 p.m.
ATTEST:
, MAYOR PRO-TEM
RAC I- ELLE D. KLASSEN, ACTING CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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EXHIBIT "A"
Mr. & Mrs. Kichik
73-125 Catalina way
Palm Desert, CA 92260
To Whom It May Concern:
As next door neighbors to Mr. Word who owns his home at 73-115 Catalina
Way,Palm Desert, CA., 92260, and as home owners ourselves we are aware that
he has tried to comply with the city ordinances and regulations for the city of
Patin Desert in regards of parking his motor home.
We do not have any objections with him trying to park his motor home on his
property. He's built a six foot wall to comply with the city codes and later he
will enclose it with a gate the same size.
We sincerely hope that he not be denied parking his motor home on his property
which does not bother us at all.
Sincerely,
Mr. & Mrs. Kichik
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