HomeMy WebLinkAbout2001-04-12MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, APRIL 12, 2001
CIVIC CENTER COUNCIL CHAMBER
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I. CALL TO ORDER
Mayor Ferguson convened the meeting at 4:03 p.m.
H. PLEDGE OF ALLEGIANCE - Councilmember Jean M. Benson
III. INVOCATION - Mayor Jim Ferguson
IV. ROLL CALL
Present:
Councilmember Jean M. Benson
Councilman Buford A. Crites
Mayor Pro-Tempore Richard S. Kelly
Councilman Robert A. Spiegel
Mayor Jim Ferguson
Also Present:
Carlos L. Ortega, City Manager/RDA Executive Director
David J. Erwin, City Attorney
Sheila R. Gilligan, Asst. City Manager for Community Services/City Clerk
Richard J. Folkers, Asst. City Manager for Development Services
Homer Croy, Director of Building & Safety
Phil Drell, Director of Community Development
Paul S. Gibson, Director of Finance/City Treasurer
Joseph S. Gaugush, Director of Public Works/City Engineer
Rachelle D. Klassen, Deputy City Clerk
V. ORAL COMMUNICATIONS - A
MS. PAT KELLER, 74-231 De Anza Way, Palm Desert, expressed her concerns for the increased
amount of traffic on her street since she became a resident there in July 2000. She noted the speeding
that occurred through the area when many schoolchildren were present each afternoon, the lack of
sidewalks, and she feared for another potential accident or fatality similar to one that occurred in the
neighborhood about three years ago. She felt another traffic survey should be done in the area.
Councilman Crites acknowledged Ms. Keller and commented that she was a Professor of Nursing at
College of the Desert, a member of its Senate Executive Committee, and a fantastic colleague.
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VI. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of March 22, 2001.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 78, 81, 83, 84,
85, 86, 81PD Office Complex, and 86PD Office Complex.
Rec: Approve as presented.
C. CITY'S PORTFOLIO MASTER SUMMARY for the Month Ending February 28, 2001.
Rec: Receive and file.
D. MINUTES of City Committees and Commissions.
1. Citizens' Advisory Committee Meeting of February 26, 2001.
2. Civic Arts Committee Meeting of February 12, 2001.
3. Housing Commission Meeting of February 14, 2001.
4. Investment and Finance Committee Meeting of February 21, 2001.
5. Library Promotion Committee Meeting of February 14, 2001.
6. Promotion Committee Meeting of February 20, 2001.
7. Public Safety Commission Meeting of February 14, 2001.
8. Sister Cities Subcommittee Meeting of March 5, 2001.
9. Technology Committee Meeting of March 6, 2001.
Rec: Receive and file.
E-1. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the 2001 Drywell/Inlet
Program (Contract No. C18690, Project No. 500-01).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject
project.
E-2. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for the 2001 Curb, Gutter,
and Cross Gutter Repair Program (Contract No. C18700, Project No. 753-01).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject
project.
F. REOUEST FOR AWARD OF BID for Purchase of Forklift.
Rec: By Minute Motion, award the subject purchase to Elms Equipment Rental, Indio,
California, in the amount of $19,979.27.
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G. REOUEST FOR ACCEPTANCE OF WORK for Contract No. C 18070 — Fabrication/Installation
ofEnclosed Parking at the Parkview Office Complex (George's Ornamental Ironworks, North Palm
Springs, CA).
Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a
Notice of Completion for the subject project.
H. REOUEST FOR RATIFICATION of Relocation Services Agreement - Portola Avenue Widening
Project (Contract No. C18710).
Rec: By Minute Motion, ratify the City Manager's approval of the subject agreement with
Overland Resources, Palm Desert, California, in an amount not to exceed $10,000.
I. REOUEST FOR APPROVAL of the Fourth Amendment to Agreement for Law Enforcement
Services Between County of Riverside and City of Palm Desert (Contract No. C15144).
Rec: By Minute Motion, approve the subject Agreement Amendment and authorize the Mayor
to execute same.
J. REOUEST FOR EXTENSION of Agreements for Plan Checking Services.
Rec: By Minute Motion, approve of the subject extension of time from February 10, 2001, to
June 30, 2001, for the existing Consultant Services Agreements with:
1) Berryman & Henniger, Santa Ana, California (Contract No. C17241);
2) Esgil Corporation, San Diego, California (Contract No. C17251); 3) Willdan,
San Bernardino, California (Contract No. C17261).
K. REOUEST FOR APPROVAL of Contract for Fireworks Display at 2001 Independence Day
Celebration (Contract No. C 18720).
Rec: By Minute Motion, approve the subject contract with PyroSpectaculars, Inc., Rialto,
California, in the amount of $25,000 to provide a 30-minute fireworks display at the
2001 Independence Day Celebration scheduled to be held July 4, 2001.
L. REOUEST FOR APPROVAL of Contract for Live Musical Entertainment at the
2001 Independence Day Celebration (Contract No. C18730).
Rec: By Minute Motion, approve the subject contract with Tall Man Productions, San Diego,
California, in the amount of $6,500 to provide live musical entertainment at the 2001
Independence Day Celebration scheduled to be held July 4, 2001.
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M. REOUEST FOR APPROVAL of the Disbursement of Contingency from Change Order No. 1 to
Contract No. C15550 — Site Change for Mother/Child Sculpture Project.
Rec: By Minute Motion, authorize the disbursement of contingency from Change Order No. 1
in the amount of $5,600 to the subject contract with Artist Lisa Reinertson, Davis,
California, for site work in the subject contract.
N. REOUEST FOR WAIVER of Fees for Washington Charter School's Use of the Civic Center Park
Pavilion I on May 19, 2001.
Rec: By Minute Motion, approve the subject request for waiver of fees.
0-1. CONSIDERATION of Action Taken by Legislative Review Committee — AB 132 (Horton).
Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee
on March 20, 2001, and direct staff to prepare a letter of opposition for the Mayor's
signature with regard to AB 132 (Horton) (Agency Shop Agreements).
0-2. CONSIDERATION of Action Taken by Legislative Review Committee — AB 227 (Longville).
Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee
on March 20, 2001, and direct staff to prepare a letter of support for the Mayor's
signature with regard to AB 227 (Longville) (Sales Tax on Gasoline).
0-3. CONSIDERATION of Action Taken by Legislative Review Committee — AB 1367 (Wiggins).
Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee
on March 20, 2001, and direct staff to prepare a letter of support for the Mayor's
signature with regard to AB 1367 (Wiggins) (45-Day Notice to City/County by Local
School Districts Relative to Zoning).
0-4. CONSIDERATION of Action Taken by Legislative Review Committee — SB 73 (Dunn).
Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee
on March 20, 2001, and direct staff to prepare a letter of support for the Mayor's
signature with regard to SB 73 (Dunn) (State Low -Income Housing Tax Credit
Program).
0-5. CONSIDERATION of Action Taken by Legislative Review Committee — SB 221 (Kuehl).
Removed for separate consideration under Section VII, Consent Items Held Over, of the Agenda.
Please see that portion of the Minutes for Council discussion and action.
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0-6. CONSIDERATION of Action Taken by Legislative Review Committee — SB 994 (Morrow).
Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee
on March 20, 2001, and direct staff to prepare a letter of support for the Mayor's
signature with regard to SB 994 (Morrow) (Skateboard Parks - Limited Immunity for
Injuries).
0-7. CONSIDERATION of Action Taken by Legislative Review Committee — SB 1019 (Dunn).
Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee
on March 20, 2001, and direct staff to prepare a letter of support for the Mayor's
signature with regard to SB 1019 (Dunn) (State Board of Equalization Assessment of
Property Held by Companies Transmitting or Selling Electricity).
P. INFORMATIONAL ITEMS:
1. Progress Report on Retail Center Vacancies
2. Update on Civic Center Energy Conservation
Councilman Crites requested that Item 0-5 be removed for separate discussion under Section VII,
Consent Items Held Over, of the Agenda.
Upon motion by Councilman Spiegel, second by Councilman Crites, the remainder of the Consent
Calendar was approved as presented by unanimous vote of the Council.
VII. CONSENT ITEMS HELD OVER
0-5. CONSIDERATION of Action Taken by Legislative Review Committee — SB 221 (Kuehl).
Upon question by Councilman Crites relative to existing law in this matter, Senior Management
Analyst Pat Scully responded that there was no regulation at this time. She said this bill would
require local governments to have documentation from the local water agency for developments
of 200 units or more indicating there is available water.
Mayor Pro-Tem Kelly stated that if passed, this bill would take local control away from the City.
Mayor Ferguson noted that the Coachella Valley Water District General Manager had indicated he
would have no interest in encroaching on the City's planning decision process and was happy the
City was opposing this legislation.
Councilman Crites moved to, by Minute Motion, concur with the action taken by the Legislative Review
Committee on March 20, 2001, and direct staff to prepare a letter of opposition for the Mayor' s signature with
regard to SB 221 (Kuehl) (Water Availability for Subdivisions of 200+ Units). Motion was seconded by Kelly
and carried by unanimous vote.
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VIII. RESOLUTIONS
None
IX. ORDINANCES
For Introduction:
A. ORDINANCE NO. 985 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING, IN ITS ENTIRETY, TITLE 28 OF THE PALM
DESERT MUNICIPAL CODE, FLOOD DAMAGE PREVENTION.
Mr. Ortega noted the staff report in the packets and offered to answer any questions.
Councilman Spiegel asked whether this would change the City's flood plain rating for insurance
purposes, and Mr. Gaugush responded that it would have no effect on that rating. He said this was
basically a housekeeping item to remove outdated provisions of the ordinance.
Mayor Pro-Tem Kelly moved to waive further reading and pass Ordinance No. 985 to second reading.
Motion was seconded by Spiegel and carried by unanimous vote.
For Adoption:
A. ORDINANCE NO. 983 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT
ZONING MAP, BY PREZONING FOR THE PURPOSE OF FUTURE ANNEXATION TO THE
CITY OF PROPERTY GENERALLY LOCATED SOUTH OF IRONWOOD COUNTRY CLUB,
PART OF THE EAST HALF OF SECTION 5, T6S R6E, AND A MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT Case No. C/Z 00-02 (Ironwood Country
Club and SR Consultants, Applicants).
Councilman Crites moved to waive further reading and adopt Ordinance No. 983. Motion was seconded
by Benson and carried by a 4-0-1 vote, with Councilman Spiegel ABSTAINING.
B. ORDINANCE NO. 984 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT
ZONING MAP, BY CHANGING THE ZONE FROM SERVICE INDUSTRIAL (S.I.) TO
GENERAL COMMERCIAL FOR 2.35 ACRES LOCATED ON THE SOUTHEAST CORNER
OF COOK STREET AND GREEN WAY (NORTH) Case No. C/Z 00-10 (Lakeside Properties
and Axcess Architects, Applicants).
Councilmember Benson moved to waive further reading and adopt Ordinance No. 984. Motion was
seconded by Crites and carried by a 4-0-1 vote, with Councilman Spiegel ABSTAINING.
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X. NEW BUSINESS
A. CONSIDERATION OF AN APPEAL TO A DECISION OF THE ARCHITECTURAL REVIEW
COMMISSION, APPROVING A SIGN REQUEST SUBJECT TO CONDITIONS Case No. 01-
06 SA (International Lodge, Appellant).
Mr. Ortega noted the staffreport in the packets and stated that Planning Manager Steve Smith was
available to answer any questions.
Mr. Smith reviewed the staff report, noting that the Architectural Review Commission approved
the applicant's request with the deletion of "Rentals - Day/Week/Month," "major credit cards
accepted," and the telephone number. The Commission felt the sign would be too cluttered with
these items.
MR. DERRICK MUGGERIDGE, President of the Board of Directors of International Lodge in
Palm Desert, 74-380 El Camino, Palm Desert. He noted that the requested sign would replace the
one that had been in place for many years and had deteriorated. The new sign was no larger, and
the details were pertinent to the operation of International Lodge, which was a destination resort
with a three -diamond rating from AAA. He requested that the Council allow them to have the sign
as shown on the renderings provided in the staff report.
Councilmember Benson asked whether any of the eight other signs on the property would be
removed.
Mr. Muggeridge responded that those other signs only identify the buildings and would not be
removed. He said it was important to identify those buildings in case of emergencies such as fire
so that the emergency personnel are able to get to the correct building promptly.
Mayor Pro-Tem Kelly stated that he did not have a problem with the proposed sign.
Councilmember Benson moved to, by Minute Motion, deny the appeal and affirm the Architectural
Review Commission decision. Motion was seconded by Crites and carried by a 4-1 vote, with Mayor Pro-Tem
Kelly voting NO.
B. REQUEST FOR APPROVAL OF THE FORMATION OF PRESIDENT'S PLAZA III
BUSINESS IMPROVEMENT DISTRICT.
Mayor Ferguson noted that he would be ABSTAINING from this matter, as he is a tenant in one
of the buildings.
Special Projects Administrator Pat Conlon reviewed the staffreport, noting that petitions had been
received from 13 of the 16 property owners in support of the Business Improvement District. He
noted that the project also included the addition of approximately 108 parking spaces to the area,
six different species of shade trees in conformance with the City's shade tree ordinance, lighting
standards for evening illumination for safety in conformance with the City's dark skies ordinance,
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trash enclosures and recycle bins, enhanced drainage, and enhanced ADA handicapped parking
stalls. He stated that two meetings had been held with property owners, who had unanimously
expressed their support of the project.
Upon question by Councilmember Benson as to whether this project will have an impact on the El
Paseo Merchants Association, Mr. Conlon responded that this is a business improvement district
to pay for the ongoing maintenance and utilities of this parking lot just for these property owners.
Councilman Spiegel stated this was the parking lot behind Tony Roma's, and he felt these
improvements were definitely needed and would enhance the entire area, bringing more business
to those property owners. He said he was in favor of this project.
Councilman Spiegel moved to: 1) Waive further reading and adopt Resolution No. 01-46, declaring the
City's intention to form the President's Plaza III Business Improvement District and the levy and collection of
assessments, pursuant to the provisions of Part 7 of Division 18 of the California Streets and Highways Code,
and call for an assessment ballot proceeding to submit to the qualified property owners within such district;
2) waive further reading and adopt Resolution No. 01-47initiating proceedings for the formation of the
President's Plaza III property and Business Improvement District and the levy and collection of assessments,
pursuant to the provisions of Part 7 of Division 18 of the California Streets and Highways Code; 3) waive
further reading and adopt Resolution No. 01-48, describing proposed improvements and services and approval
of the preliminary management district plan regarding the proposed formation of the President's Plaza III
Business Improvement District and the levy and collection of assessments, pursuant to the provisions of Part
7 of Division 18 of the California Streets and Highways Code; 4) waive further reading and adopt Resolution
No. 01-49, giving preliminary approval for an engineer's report for the President's Plaza III property and
Business Improvement District, Fiscal Year 2001/02; 5) by Minute Motion, authorize staff to advertise and
obtain design -build proposals for the reconstruction of President's Plaza III and report back to the City Council
with a recommendation for award of contract (Contract No. C18740). Motion was seconded by Crites and
carried by a 4-0-1 vote, with Mayor Ferguson ABSTAINING.
Mr. Erwin noted that the draft resolution set the time of the public hearing as 7:00 p.m., and it
should be changed to read 4:00 p.m. on that resolution.
Council concurred.
C. REOUEST FOR APPROVAL FORFRED WARING DRIVE UTILITY UNDERGROUNDING —
SAN PASCUAL AVENUE TO DEEP CANYON ROAD — REIMBURSEMENT TO VERIZON
COMMUNICATIONS (CONTRACT NO. C18750).
Mr. Ortega stated that this was the undergrounding portion of the Fred Waring project. He noted
the staff report in the packets.
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Councilman Spiegel moved to, by Minute Motion, approve Work Order No. 0547-7P001 CY in order to
reimburse Verizon Communications in an amount up to $120,032 ($109,120.43 plus ten percent [10%]
contingency) for the design and undergrounding of telephone communication systems on Fred Waring Drive
between San Pascual Avenue and Deep Canyon Road — funding for this payment is available in the current
Capital Improvement Program Budget. Motion was seconded by Kelly and carried by unanimous vote.
D. REOUEST FOR APPROVAL OF CONTRACTUAL SERVICES FOR THE CITY'S
ADVERTISING/PROMOTIONAL CAMPAIGNS.
Mr. Ortega noted the staff report in the packets and stated that Mrs. Gilligan was available to
answer any questions.
Councilman Spiegel moved to: 1) By Minute Motion, approve five purchase orders for Smith Junger
Wellman, Venice, California, for a total of $62,000, as follows: a) Logo/Stationery Package - $16,000;
b) Vacation Planner - $14,000; c) Relocation Guide - $14,000; d) Post Card Series - $2,000; e) Annual Print
Campaign - $16,000; 2) by Minute Motion, approve a purchase order for F & G Marketing, Rancho Mirage,
California, for eleven different projects in the total amount of $25,938; 3) waive further reading and pass
Ordinance No. 986 to second reading, adding a section to the Palm Desert Municipal Code to provide for City
Manager approval of design and creative services as they relate to the City's advertising/public relations
programs. Motion was seconded by Kelly and carried by unanimous vote.
E. REOUEST FOR APPROVAL OF PALM SPRINGS DESERT MUSEUM PROPOSAL FOR
EXHIBITION SPONSORSHIP.
Mr. Ortega noted the staff report and recommendation in the packets.
Councilman Spiegel stated that he felt this would be a wonderful thing for the City of Palm Desert
to tie in with the Palm Springs Desert Museum on a program of After the Dinosaurs, which would
be on display for over six months. He said it was his understanding that representatives of Palm
Springs Desert Museum would be visiting the schools in Palm Desert to teach specific classes.
Mayor Pro-Tem Kelly moved to, by Minute Motion: 1) Approve the request of the Palm Springs Desert
Museum for funding support of the exhibition After the Dinosaurs: Ice Age Mammals; 2) appropriate $85,000
in General Fund Unallocated Reserves; 3) authorize disbursement of said funds from the FY 2001/02 Budget.
Motion was seconded by Spiegel and carried by unanimous vote.
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XL CONTINUED BUSINESS
A. REOUEST FOR APPROVAL OF PURCHASE AGREEMENT BETWEEN ABD PALM
DESERT 118, LLC, AND THE CITY OF PALM DESERT (CONTRACT NO. C18670)
(Continued from the meetings of February 22, and March 22, 2001).
This matter was considered at the same time as Item XV-A. Please see that portion of the Minutes
for Council discussion.
Councilman Crites moved to, by Minute Motion, approve the subject agreement for the property
described and authorize the Mayor to execute same. Motion was seconded by Spiegel and carried by
unanimous vote.
B. ORDINANCE NO. 979 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING CHAPTER 8.40, RECREATIONAL VEHICLES
ON PRIVATE PROPERTY, AND CHAPTER 10.96, RECREATIONAL VEHICLES, OF THE
PALM DESERT MUNICIPAL CODE (Continued from the meeting of March 8, 2001).
Mr. Homer Croy, Director of Building and Safety, reviewed the staff report, noting that one of the
issues that arose was determination of the word "citations." He said a citation in Code
Enforcement is basically a notice or a warning, and it could be a violation. In the case of
recreational vehicles, they are issued as warnings or notices that the owners need to come to the
City and take out a permit to park their recreational vehicles. He said although this had been the
practice, it was not clearly stated in the ordinance at this time. He added that this amendment
would allow recreational vehicle owners to obtain up to six (6), 72-hour permits per year to park
their recreational vehicles on private property to load, unload, or clean the vehicles, with a 72-hour
extension per permit due to unforseen circumstances.
Mayor Pro-Tem Kelly asked what would happen if recreational vehicle owners decide to bring their
vehicles onto their property on a Saturday before a trip, and they are not able to obtain permits
because the City is not open.
Mr. Croy responded that these individuals could obtain the necessary permits the following
Monday. He added that Code Enforcement officers are out in the community on Saturdays, and
they will be able to issue the permits. He added that it was stafl's intent to make this ordinance as
user-friendly as possible, especially in light of the fact that there are a lot of seasonal people who
come into the City with their recreational vehicles and who are not aware of this ordinance.
Councilman Crites asked what would be needed if a person comes home on a Saturday and parks
the recreational vehicle on the street.
Mr. Croy responded that the same permit provisions would apply for both private property and
public streets.
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Upon question by Mayor Pro-Tem Kelly, Mr. Croy stated that although State law allows a person
to park a motor vehicle in the street, the City's ordinances allow it to control large vehicles on
public streets.
Mayor Ferguson stated that he did not feel individuals should have to have permits in order to park
their recreational vehicles in front of their homes or in their driveways for 72 hours when they are
getting ready to go on a trip. He said it would make more sense to allow people to park their
recreational vehicles on the street or in their driveways for up to 72 hours, and any longer than that
would require a permit.
Councilman Spiegel asked why Mr. Croy felt it was necessary to add this to the ordinance.
Mr. Croy responded that a citizen came to the City asking for a no -restriction clause on his
property. He said he subsequently reviewed the ordinances and found they did not allow people
to even park their recreational vehicles on private property. He said this amendment was to include
in the ordinance what the City's actual practice has been in the past with regard to parking of these
vehicles.
Councilman Spiegel asked if Mr. Croy disagreed with what Mayor Pro-Tem Kelly and Councilman
Crites had said, and he said he did not disagree. Councilman Spiegel suggested that this matter be
revisited with the caveat that individuals do not need permission to park their recreational vehicles
for 72 hours. He also suggested that an article be included in the City's newsletter to advise
residents of the policy.
Mayor Ferguson asked for clarification from the City Manager and stated that the last time the RV
ordinance was continued, there was some concept that the City had put a moratorium on
enforcement of the existing City ordinance. He asked for clarification that this was not the case.
Mr. Ortega stated that a moratorium had to be placed because as the ordinance was interpreted,
parking on private property was strictly prohibited by the ordinance at that time. He said it was
decided that would not be enforced until this matter came back to the Council for clarification. He
noted that until the Council changes the ordinance to allow parking on private property, it is
prohibited.
Mayor Ferguson stated that he had received many calls from Palm Desert Country Club residents
advising that it is being widely circulated that the City has given people free rein to park in their
front yards for as long as they want until the Council decides what is to be done with this ordinance.
He said he did not remember the Council ever making that decision.
Mayor Pro-Tem Kelly stated that was not the Council's intent.
Mayor Ferguson asked if the City's existing ordinance could be enforced until the City allows for
72 hours of private property parking.
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Mr. Ortega said his understanding was that the City's existing ordinance prohibits parking of
recreational vehicles on private property.
Councilman Spiegel moved to continue this matter to the meeting of April 26, 2001, with staff directed
to: 1) Rework the document to allow for 72 hours of parking on private property, consistent with the ability
to park on the public street for that amount of time, as specified in the State Vehicle Code; 2) enforce the
existing regulation prohibiting the parking of RV's on private property. Motion was seconded by Kelly and
carried by unanimous vote.
C. ORDINANCE NO. 982 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING SECTION 24.04.070 OF THE PALM DESERT
MUNICIPAL CODE (AMENDING ORDINANCE NO. 688) RELATIVE TO WATER
EFFICIENT LANDSCAPE (Continued from the meeting of March 22, 2001).
Mr. Ortega noted the staff report and recommendation in the packets.
Councilman Crites moved to waive further reading and adopt Ordinance No. 982. Motion was seconded
by Kelly and carried by unanimous vote.
XII. OLD BUSINESS
A. CONSIDERATION OF ARECOMMENDATIONFROM THE TECHNOLOGY COMMITTEE
RELATIVE TO CABLE TELEVISION FRANCHISE AGREEMENT NEGOTIATIONS.
Mr. Ortega stated that an oral report and recommendation from Special Legal Counsel Bill Rudell
of Richards, Watson & Gershon would be provided to the Council in Closed Session.
No action was announced from Closed Session on this item..
B. PRESENTATION OF REPORT ON THE GARDENS ONEL PASEO SITE IMPROVEMENTS.
Mr. Ortega noted the report in the packets and offered to answer any questions.
Councilman Crites complimented staff and the Gardens on El Paseo for the excellent use of the
monies for improvement of the upper deck of the parking structure. He noted that he had recently
participated in the AIDS Walk, and that upper deck structure was used for setting up the event.
He said he felt this was a superb use of that area in terms of being able to accommodate booths and
people.
Councilman Crites moved to receive and file the report. Motion was seconded by Spiegel and carried
by unanimous vote.
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XIIL COMPLETION OF HELD OVER ITEMS
None
With Council concurrence, staff was directed to remove this item from future agendas.
XIV. AWARDS, PRESENTATIONS, AND APPOINTMENTS
None
Councilman Crites suggested that this item be moved to the beginning ofthe Agenda. Council concurred.
XV. PUBLIC HEARINGS
A. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DECISION TO THE
CITY COUNCIL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, A
TENTATIVE TRACT MAP FOR 259 SINGLE FAMILY LOTS, AND ONE, 34-ACRE
REMAINDER LOT, AND AN ELEVEN -LOT TENTATIVE TRACT MAP FOR FINANCING
PURPOSES ON 118 ± ACRES AT THE NORTHEAST CORNER OF TAMARISK ROW
DRIVE AND COUNTRY CLUB DRIVE Case Nos. GPA 00-7. TT 29468. TT 29555. C/Z 00-05.
and DA 00-01 (ABD Palm Desert 118, LLC, Appellant) (Continued from the meetings of
February 22, and March 22, 2001).
This public hearing was considered with Continued Business Item A.
Mayor Ferguson noted that this public hearing was still open, and he invited testimony in FAVOR of or
OPPOSED to this request.
MR. JACK SHINE, American Beauty Homes, offered to answer any questions.
With no further testimony offered, Mayor Ferguson declared the public hearing closed.
Councilman Crites asked if staff was comfortable with the agreement as proposed, and Mr. Erwin
responded that staff was comfortable with the agreement.
Councilman Crites moved to waive further reading and: 1) Adopt Resolution No. 01-27A, approving
Case No. GPA 00-7; 2) adopt Resolution No. 01-40, approving Case Nos. TT 29468 and TT 29555; 3) adopt
Ordinance No. 980, approving Case No. C/Z 00-05; 4) adopt Ordinance No. 981, approving Case
No. DA-00-01. Motion was seconded by Spiegel and carried by unanimous vote.
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B. CONSIDERATION OF THE MAGNESIA FALLS DRIVE IMPROVEMENT PROJECT AND
ENVIRONMENTAL IMPACT REPORT (Continued from the meeting of March 8, 2001). —
Mr. Ortega noted the staff report in the packets and stated that it included potential mitigation
measures.
Mr. Folkers reviewed the mitigation measures outlined in the staff report as follows:
1) Resurface Magnesia Falls Drive from Monterey Avenue to Deep Canyon Road with
rubberized asphalt as part of the construction project;
2) Evaluate sound attentuation capabilities of existing walls along the project limits to
determine the appropriate measures for the enhancement of those capabilities;
3) Include the widening of Magnesia Falls Drive immediately west of Deep Canyon Road
to provide a shift of the traffic further north around the curve. This may involve work
with the Coachella Valley Water District on utility relocations, etc.;
4) Provide landscaping where possible;
5) Install new walls along the south side of Magnesia Falls Drive adjacent to Portola Palms
Mobile Home park;
6) Evaluate the need for walls along the north side of Magnesia Falls Drive from the San
Pascual Channel to the existing walls west of Palm Desert Mobile Home Estates;
7) Another suggestion for consideration would be the future installation of a median with
trees and shrubs in the area where left turn movements can be prohibited;
8) Perform extensive sound studies for the residents along the south side of Magnesia falls
Drive for possible installation of dual panel windows to reduce sound in lieu of raising
walls;
9) Provide for the installation of multi -way stop controls at the following locations:
a) Magnesia Falls Drive and Rutledge Way; b) Magnesia Falls Drive and San Pablo
Avenue; c) Deep Canyon Road and Buttonwood/Coral Bells;
10) Modify existing Monterey Avenue median island to: a) increase southbound left turn
vehicle capacity; b) prohibit westbound left turns from Magnesia Falls Drive to
southbound Monterey Avenue.
Mr. Folkers stated that staff had been in contact with both the Sheriff's Department and the Desert
Sands Unified School District, and copies of the staff report had been presented for their
consideration. He noted that another proposed mitigation measure was that on the south side of
Magnesia Falls Drive, immediately east ofPortola, it was possible to provide a turnout arrangement
similar to what was done on Lantana by Washington Charter School. It would also include a
median to preclude cars backing out onto Magnesia Falls Drive, and it would provide approximately
41 parking spaces along the south side.
Councilman Crites asked if this arrangement could be done whether or not a bridge is approved for
Magnesia Falls Drive, and Mr. Folkers agreed.
Engineering Manager Mark Greenwood showed photos and explained the proposed mitigation
measures and improvements.
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Mayor Pro-Tem Kelly suggested an additional mitigation measure that no through commercial
traffic would be allowed.
Mr. Folkers responded that trucks were already prohibited except for those with deliveries in the
area.
Mayor Ferguson stated that the last time this matter was before the Council, there were two issues:
1)There had been no input from the Desert Sands Unified School District; 2) Councilman Spiegel
was not present. He noted that Councilman Spiegel was now present, and he asked Ms. Reyes of
Desert Sands Unified School District to comment on the proposed project.
Mayor Ferguson noted that the public hearing was oven and invited testimony from the representative
of Desert Sands Unified School District.
MS. REYES stated that at this time, the School District was supportive of the extension of
Magnesia Falls Drive, and the District's concerns relative to traffic issues seemed to be mitigated.
Mayor Ferguson invited testimony from the audience both in FAVOR of and in OPPOSITION to this
project.
The following were OPPOSED to the project because of the expense, air and noise pollution, increased
traffic, safety issues, impacts on the three schools and the two mobile home parks in the area, negative
impact on property values and quality of life, vibration from traffic, the road is not needed for emergency
access reasons,
MR. JOHN PFEIFFER, 144 Castellana South, Palm Desert, read a prepared statement (attached
hereto and made a part hereof as Exhibit "A").
Councilman Crites stated that while he has never been supportive of this project, if the Council
chooses to approve it, the City would not cut corners or cost and would do the project as
professionally as possible.
MS. JESSIE HOWARD, 140 Castellana South, Palm Desert.
MS. SUSAN MARIE WEBER, 43-041 Buttonwood, Palm Desert.
MR. WILLIAM ENOS, 43-081 Silk Tree Lane, Palm Desert. He asked that, if the Council does
choose to go forward with the project, one of the conditions of approval would be that a signal
would never be installed at the intersection of Magnesia Falls and Monterey Avenue.
Councilman Crites noted that the City Council could not bind a future City Council in such a way.
MR. STEVEN KRAEMER, 148 S. Castellana Road, Palm Desert.
MS. ALANA TOWNSEND, 43-082 Silk Tree Lane, Palm Desert.
MS. MIR SCHLOSBERG, 205 Gran Via, Monterey Country Club, Palm Desert, asked for
clarification as far as no left turn access from Magnesia Falls Drive onto Monterey Avenue.
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Mr. Folkers responded that there would be a southbound left turn from Monterey onto Magnesia
Falls Drive; however, left turns from Magnesia Falls Drive onto Monterey Avenue to travel south
would be prohibited.
Ms. Schlosberg expressed concern with such a condition because people wanting to turn left onto
Monterey would have to turn right onto Monterey and then make a u-turn. The closest point for
this to be done legitimately would be Country Club Drive, but she was concerned that people would
not go all the way to Country Club but would instead make the u-turn at Gran Via.
Mr. Folkers noted that there would be signage on westbound Magnesia Falls Drive advising that
no left turn would be permitted at Monterey Avenue. He added that it was stafl's feeling that the
bulk of the traffic on westbound Magnesia Falls would be individuals traveling to the Civic Center
for the various activities that are available. Upon question by Councilman Crites, he stated that he
and Planning Director Phil Drell had met with representatives from the City of Rancho Mirage to
discuss the corridor from Interstate 10 to the City limits of Rancho Mirage. At this point in time,
he said he did not think either city was actively pursuing anything as far as widening the streets;
however, staff was looking into what should be done with Monterey Avenue in the future. With
regard to Ms. Schlosberg's concern, he said there was basically nothing that could be done at this
point in time to prevent people from trying to make a u-turn at Monterey and Gran Via in order to
travel southbound on Monterey Avenue.
Councilman Spiegel said he felt people wanting to travel southbound from Magnesia Falls Drive
would turn left onto San Pablo, and there would be signage directing that.
The following individuals spoke in FAVOR because it would provide relief for the flows of traffic on
major City streets (Highway 111, Country Club, Fred Waring Drive), it would not generate new traffic,
it has been shown as a through street on the City's Master Plan for many years, it would increase the
mobility of the citizens of Palm Desert,
MR. WILLIAM ADAMS, 73-833 Masson Street, Palm Desert.
MR. EDWARD MEISTER, 90 Conejo Circle, Palm Desert.
MS. DIANA LA MAR, 43-827 Acacia Drive, Palm Desert.
MR. DON S. THOMPSON, 43-845 Portola Avenue, Palm Desert.
MR. MIKE FROST, 89 Camino Arroyo South, Palm Desert.
MR. DANIEL BARNES, 41-613 Aventine Court, Palm Desert.
MR. SCOTT BESSIRE, 661 Brea Canyon Road, Suite 7, Walnut, California, Property Manager
of Palm Desert Mobile Estates, 43-101 Portola Avenue, Palm Desert.
MR. PAUL MEISTER, 69 Camino Arroyo Place, Palm Desert.
MR. DEAN WORLEY, 43-155 Portola Avenue, Palm Desert.
With no further testimony offered, Mayor Ferguson declared the public hearing closed.
Councilman Spiegel stated that he had abstained when this matter was before the Council prior to
this evening because he did not have any input from the School District. He said if the City is going
to continue to be successful with its sales tax, which is the number one revenue source, there is a
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necessity to get people into and out of Palm Desert. With the redesign of the drop-off areas for
both Lincoln School and Palm Desert Middle School, he said he would vote in favor of the project.
Mayor Pro-Tem Kelly said this project would provide the most traffic relief on Portola Avenue
between Magnesia Falls and Fred Waring Drive, which has the worst traffic problem and is also the
area where the most children are walking. He said he was very much in favor of having no left turn
onto Monterey from Magnesia Falls Drive, and he felt this would assist in stopping people from just
using Magnesia Falls as a cut -through. He added that he felt the City could do a project that
everyone would be proud of and that would not impact the neighborhood.
Councilmember Benson stated that she was not now, nor had she ever been, in favor of this street
extension. With regard to the school situation, she said the City had spent almost five years trying
to get the School District to do something at Palm Desert High School. She said Palm Desert High
School would impact Deep Canyon because of the students who drive to and from school, and that
situation had not yet been resolved. She said for the District to come in and say they want it or it
is okay, she was a little skeptical about how the District is going to handle this with the past
experience the City has had with the District on mitigation of traffic problems. With regard to
residents of Monterey Country Club, she said she felt it was ironic that those residents want no
parking on Monterey while it was okay to put a hundred cars belonging to the service workers on
the north side. She said the City finally forced Vintage Country Club to put its vendors inside
Vintage, and she could see no reason why Monterey Country Club could not find room within the
complex for its service vendors such as gardeners. She added that if Magnesia Falls does go
through, she would not be in favor of any parking there whatsoever.
Councilman Crites said he felt this was a bad decision for the students, residents, and the
community as a whole. He said the School District was initially opposed to the project and then
changed to agreement because of several mitigation measures. He said he felt the District had done
a disservice to the students and parents. He added that if the extension is eventually to happen,
there will also be a signal at Monterey Avenue and Magnesia Falls Drive at some time in the future.
He noted that while there are some good reasons for this proposal, on balance he could not support
it.
Mayor Ferguson stated that he differed greatly with Councilman Crites' comments about children.
He said he would like to see the District come up with a system whereby the parents drop their
children off using Portola Avenue and exit using Magnesia Falls and San Pablo. He noted that the
City had tried to work with the District for years to make it so that Palm Desert Middle School and
Lincoln School students do not have to use the public sidewalk on Portola Avenue as a track to
exercise. He added that he did feel the District made its decision based on children because he felt
it does not want to get involved with municipal politics other than what its mission statement is.
He said he felt this would make it a better situation for the schools. He noted that cities typically
have a north -south or an east -west road about every mile or so, but in Palm Desert there is a long
section between Fred Waring Drive and Hovley Lane where there is no traffic that goes east -west
at all. That pours people onto Country Club Drive, Hovley Lane, and Fred Waring Drive, and it
is getting to the point where it is untenable. He noted that the City ofPalm Desert was in a dispute
with a neighboring city which just approved one section of land with no north -south road between
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Fred Waring Drive and Hovley Lane, and this was a situation the City of Palm Desert was trying
to resolve with that other city. He said he firmly believed that when the City finishes its
improvements on Fred Waring Drive, people will find Fred Waring a preferable way to travel to
east -Valley cities and will use Magnesia Falls to get their children to and from school. He said he
was in favor of installing a median on Magnesia Falls and felt medians were the only effective way
to reduce speed on a roadway. He also felt other measures could be used that would prohibit
vehicles from making a left -turn onto southbound Monterey Avenue, and a sign could be put up
on west -bound Magnesia Falls just prior to San Pablo Avenue that indicates south -bound Monterey
Avenue traffic must use San Pablo. He added that he felt orderly planning for the City of
Palm Desert requires that the Council take this step, and that is why it has been on the City's
General Plan for 18 years. He stated that while he was in favor of this project, it was not to the
disregard of the concerns of the residents. He added that nothing was set in stone, and ifunforseen
problems crop up, the matter will be back before the Council to find ways to solve those problems.
Mayor Pro-Tem Kelly moved to: 1) Waive further reading and adopt Resolution No. 01-33, certifying
the Final Environmental Impact Report (FEIR) for the Magnesia Falls Drive Improvement Project (City Project
No. 648-99); 2) by Minute Motion, although not required by the EIR, direct that all mitigation measures
outlined in the memorandum be incorporated in the project. Motion was seconded by Spiegel and carried by
a 3-2 vote, with Councilmembers Benson and Crites voting NO.
Upon motion by Crites, second by Kelly, and unanimous vote of the City Council, Mayor Ferguson
recessed the meeting to Closed Session at 6:03 p.m. He reconvened the meeting at 7:00 p.m.
C. REOUEST FOR APPROVAL OF THE SALE OF 42-740 REBECCAROAD AT FAIR MARKET
VALUE (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT
AGENCY).
Mr. Ortega stated the purpose of the public hearing was to see if there is anyone who objects to the
sale of this property by the Agency.
Mayor/Chairman Ferguson declared the public hearing open and invited testimony in FAVOR of or
OPPOSED to this request. With no testimony offered, he declared the public hearing closed.
Councilman/Member Crites moved to: 1) Waive further reading and adopt City Council Resolution
No. 01-50, authorizing the sale of 42-740 Rebecca Road at fair market value; 2) waive further reading and
adopt Redevelopment Agency Resolution No. 414, authorizing the sale of 42-740 Rebecca Road and making
a finding that the monetary consideration recovered for the sale is not less than 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 Spiegel and carried by unanimous vote.
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XVI. REPORTS AND REMARKS
A. CITY MANAGER
NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED
72 HOURS PRIOR TO THE MEETING.
1. Reauest for Direction Relative to the Council Chamber Atrium Project.
Mr. Frank Urrutia reviewed the proposed project with the City Council in detail.
With Council concurrence, the following design changes were directed to be made to the proposed
project: 1) Elimination of the ponds near the Council Chamber; 2) more seating; 3) review the atrium roof
structural supports; 4) review remodeling the existing adjacent office area.
B. CITY ATTORNEY
Prior to recessing to Closed Session at 6:03 p.m., Mr. Erwin requested the following matters be
added to this Agenda for Closed Session consideration:
Conference with Legal Counsel regarding existing litigation pursuant to Government Code
Section 54956.9(a):
a) Eddie Ahmad Babai v. City of Palm Desert, Riverside County Superior Court
b) Silver Spur Homeowners' Association v. City of Palm Desert, Riverside County
Superior Court
c) Indian Springs Mobile Home Park Homeowners' Association v. City ofPalm Desert
and Indian Springs, Ltd., Riverside County Superior Court
Upon motion by Crites, second by Kelly, and unanimous vote of the City Council, the aforementioned
Closed Session items were added to the Agenda.
1) Reauest for Closed Session:
Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: APN 622-200-015/016
73-810 and 73-816 Fred Waring Drive
Negotiating Parties:
Agency: Dave Yrigoyen/Lauri AylaianlCity of Palm Desert
Property Owner: Michael O. and Robin Hendricks
Under Negotiation: x Price x Terms of Payment
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NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED
72 HOURS PRIOR TO THE MEETING.
2) Property: APN 618-490-025
Negotiating Parties:
Agency: Carlos L. Ortega/City of Palm Desert
Property Owner: City of Palm Desert/County of Riverside
Under Negotiation: x Price x Terms of Payment
Conference with Legal Counsel regarding existing litigation pursuant to Government
Code Section 54956.9(a):
a) Renee Capela v. City of Palm Desert, Riverside County Superior Court
b) Betty L. Szymanski v. City of Palm Desert, United States District Court -
Central District of California
Conference with Legal Counsel regarding significant exposure to litigation pursuant to
Government Code Section 54956.9(b):
Number of potential cases: 3
NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED
72 HOURS PRIOR TO THE MEETING.
Conference with Legal Counsel regarding significant potential to initiate litigation
pursuant to Government Code Section 54956.9(c):
Number of potential cases: 2
2) Report and Action on Items from Closed Session Made at This Meeting.
None
C. CITY CLERK
None
D. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Reauests for Action:
1. Reauest for Funding Easter Meals -
(Councilmember Jean M. Benson).
Councilman Crites moved to place this item on the Agenda for
seconded by Benson and carried by unanimous vote.
Coachella Valley Rescue Mission
Council consideration. Motion was
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Councilmember Benson stated she had seen a news report the previous evening
relative to the problems the Coachella Valley Rescue Mission was having providing
Easter meals this year. She said they were expecting over 500 people for Easter
meals, and they did not have food or money to take care of them. She suggested
that the City of Palm Desert provide a contribution toward the purchase of food.
Mayor Pro-Tem Kelly moved to, by Minute Motion, approve the funding of $1,000 for Easter meals at
the Coachella Valley Rescue Mission. Motion was seconded by Ferguson and carried by unanimous vote.
2. JFK Memorial Foundation Infant Center (Councilmember Jean M. Benson and
Mayor Jim Ferguson).
Councilmember Benson stated that she had attended the recent dedication of land
on San Gorgonio for a well -baby clinic for Palm Desert that would treat children
prenatal and zero to five as well as mothers. She said they were almost ready to
begin construction, although they were short approximately $350,000. They had
requested funding from the City of Palm Desert, and they had matching grants as
well that would come forward. She noted that she and Mayor Ferguson met with
Bill Powers and John Shields about this facility and had asked the City Manager to
look into the possibility of using Redevelopment funds for some of the
infrastructure on the site to help with that amount of money.
Mayor Ferguson stated that he had also talked with the Director of Shelter From
the Storm, who indicated there is a tremendous need in each of its facilities for
medical assistance for children aged zero to three. He said she had asked that the
Council consider including conditions on the grant that would require that medical
assistance be provided for Shelter From the Storm clients.
With Council concurrence, the City Manager was directed to review the issue and return to the Council
with a funding package to utilize Redevelopment Agency funds for infrastructure needs, with conditions
that would include provision of medical assistance to Shelter From the Storm clients.
3. Recvcline Efforts - Apartment Complexes (Councilman Buford A. Crites).
Councilman Crites stated that the City was at approximately 10% in terms of
apartment complexes doing any kind of recycling. He said Waste Management was
willing to take another look to see if there is a way to increase that percentage and
do a better job of getting those areas to do some recycling.
With Council concurrence, staff was directed to work with Waste Management to substantially increase
recycling efforts by apartment complexes in the City.
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o City Council Committee Retorts:
NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED
72 HOURS PRIOR TO THE MEETING.
1. Update Relative to Energy Issues (Councilman Buford A. Crites).
Councilman Crites stated that CVAG's Energy & Environment Committee met
today. He said that on Wednesday, April 18, at 7:00 p.m. in the Palm Desert
Council Chamber, Congresswoman Bono, the area's State Legislators,
Supervisor Wilson, and CVAG will present an energy symposium focusing on
emergency preparedness. He noted that JFK Memorial Hospital was the one
hospital in the Valley that did not presently have an emergency back-up generator
because they could not afford one. There were also no grocery stores with back-up
generators. Local television stations still did not have backup generators.
Mayor Ferguson noted that KESQ had just obtained a back-up generator on
Tuesday.
Councilman Crites stated that CVAG's Public Safety Committee and the County of
Riverside would hold a drill in early June for preparedness. He provided
Councilmembers with an update by CVAG's Energy Consultant, Kay Hazen.
Councilman Crites stated that he had been working with Special Projects
Administrator Pat Conlon on the photovoltaic systems as far as incorporating such
energy conservation/home generation measures in the Civic Center Carports
structure and the Corporation Yard. He noted there were many programs through
the State and Federal government that encouraged this, as well as other incentives
such as rebates per watt, battery back-up systems to run small appliances during
blackouts, and net metering. He added that he was working with Waste
Management to obtain the panels in bulk and offer them to local residents and
businesses.
With Council concurrence, authorized the further, vigorous pursuit of the photovoltaic panels program.
Councilman Crites further noted the upcoming Valley -wide training program for
building inspectors on energy conservation measures.
2. Mayor Pro-Tempore Richard S. Kelly stated he was on the League of California
Cities Revenue & Taxation Policy Committee and was appointed to the Reduce
Competition Section. He reported on its position that revenue from new regional
or State taxes or from increased sales tax rates should be distributed in a way that
reduces competition for situs-based revenue; i.e., revenue from existing sales tax
rate and base, including future growth from increased sales or the opening of new
retail centers should continue to be returned to point of sale. He said the committee
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recommended adding language to indicate that, "we will preserve and protect situs-
based sales tax and the Bradley -Burns 1% baseline." He said that recommendation
to the committee passed, unanimously.
3. Mayor Pro-Tempore Kelly said he believed all Councilmembers had signed up to
participate in the Jewish celebration of the Holocaust on Thursday, April 19.
However, the Desert Business Achievement Awards had been scheduled for the
same evening, where the City would be honored jointly as an entrepreneurial agency
with Indian Wells. He asked for a Councilmember to be appointed to attend the
award program.
With City Council concurrence, Mayor Ferguson was appointed to represent the City at the Desert
Business Achievement Awards on Thursday evening, April 19, 2001, at the Indian Wells Country Club.
4. Councilman Spiegel commented that the Student Art & Essay Contest was now on
display in the North Wing Art Gallery, with outstanding work.
5. Mayor Pro-Tempore Kelly reported that the Mother/Child sculpture was being
installed, and he was very enthused about it.
Councilman Spiegel noted that the unveiling of the sculpture would be held in
conjunction with the Art & Essay Contest Awards Program.
6. Councilman Crites reported on Sister Cities Subcommittee, which was looking
closely at a Sister City in Mexico. He said a proposal would be brought to Council
for making an exploratory visit to a couple of places there, primarily the community
of Ixtapa - Zihuatanejo, a Mexican resort community on the Pacific Ocean. He
would encourage the Mayor and a couple of Subcommittee members to participate
in the visit.
XVII. ADJOURNMENT
With Council concurrence, Mayor Ferguson adjourned the meetin
Mayor Pro-Tempore Kelly reconvened the meeting at 8:45 p.
announced from Closed Session.
~' SHEILA R. GILL\GAN, C f/CLERK
CITY OF PALM DESERT'; CALIFORNIA
7:54 p.m. to Closed Session.
ly adjourned with no action
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EXHIBIT "A"
April 12, 2001
Thank you for, yet again, another opportunity to come before you to encourage you to
vote NO on the Magnesia Falls devastation & non -improvement project. It seems to get
more expensive every day and the irony of it is that it is completely unnecessary.
The air and noise pollution that it will bring will be a detriment to our city. The problems
of traffic backups and potential accidents far out -weigh the dubious "benefits". There are
three (3) schools that will be impacted by increased traffic along the proposed route: 1)
Lincoln Elementary School, 2) Palm Desert Middle School and 3) Sacred Heart Church
School. If this cut -through happens, it will be like a new freeway from Fred Waring,
around the bend of Deep Canyon all the way to Monterey Avenue.
The fast moving traffic will go right by the doors of two mobile home parks annoying
and endangering the residents and right past the ball fields at the north side of the Palm
Desert park area putting children in danger. This project is a bunch of law suits looking
for a place to happen and as I said before it is unnecessary and a waste of the taxpayer's
money.
Emergency vehicles are not located where they would use this route if it was available.
Jam-ups at the intersection with Monterey Ave. would eventually require a traffic light,
and then the fun really begins. Even now the Sun Bus uses it for a turn -around.
Councilman Kelly indicated, at the March 8th meeting that if the project was approved
that he would like it to be "done right" and become an improvement for the community.
Well, in response to the request for sound -attenuating walls, Mr. Folkers said the
Planning Commission would look into double -pane windows double -pane windows
don't stop sound when they are open (and it looks like as rolling blackouts occur, they
will be open). This is just one example that illustrates it's apparent that as costs go up,
measures will be taken that will cause the project to not be "done right".
I plead with you to vote NO.
John Pfeiffer
144 Castellani South
Palm Desert, CA.
(760) 773-2338