HomeMy WebLinkAbout2001-08-23MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, AUGUST 23, 2001
CIVIC CENTER COUNCIL CHAMBER
1. CALL TO ORDER
Mayor Ferguson convened the meeting at 4:02 p.m.
II. 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
Richard J. Folkers, ACM for Development Services
Homer Croy, Director of Building & Safety
Phil Drell, Director of Community Development
Paul S. Gibson, Director of Finance/City Treasurer
Teresa La Rocca, Director of Housing
Martin Pinon, Director of Human Resources
Joseph S. Gaugush, Director of Public Works/City Engineer
David Yrigoyen, Director of Redevelopment
Rachelle D. Klassen, Deputy City Clerk
III. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION TO RECOGNIZE LOCAL HERO ROBERT J. PLUMMER
(Rescheduled from the meeting of July 19, 2001).
Note: Mr. Plummer's award was delivered to him by another recipient after
the meeting of July 19, 2001.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2001
B. PRESENTATION TO RECOGNIZE LEGACY HOME FURNISHINGS AND
PALM DESERT MERCHANDISE MART FOR THEIR CONTRIBUTION TO
A HABITAT FOR HUMANITY HOME ON CATALINA WAY.
Note: This item was rescheduled for the meeting of September 27, 2001.
IV. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meetings of July 12, July 26, and
August 9, 2001; the Adjourned City Council Meeting of July 19, 2001; and
the Special City Council Meeting of August 10, 2001.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 5PD Office Complex,
6PD Office Complex, 15PD Office Complex, and 16PD Office Complex.
Rec: Approve as presented.
C-1. CLAIM AGAINST THE CITY (#452) by Southern California Edison in the
Amount of $5,138.10
Rec: By Minute Motion, reject the claim and direct the City Clerk to so
notify the Claimant.
C-2. CLAIM AGAINST THE CITY (#453) by Shelly Ruegsegger in the
Amount of $900.
Rec: By Minute Motion, reject the claim and direct the City Clerk to so
notify the Claimant.
C-3. CLAIM AGAINST THE CITY (#455) by Mary Louise Cook in the
Amount of $393.15.
Rec: By Minute Motion, reject the claim and direct the City Clerk to so
notify the Claimant.
D-1. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by
Dayo & Daiki Corporation for Matsuri Japanese Restaurant,
73-759 Highway 111, Palm Desert.
Rec: Receive and file.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2001
D-2. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Roland O. Cook
and Jayme R. Kleine for Rocs Firehouse Grille, 73-405 El Paseo, #32A,
Palm Desert.
Rec: Receive and file.
D-3. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE, by Cafe Bones,
Inc., for Cafe Bones, 74-478 Highway 111, #C, Palm Desert.
Rec: Receive and file.
D-4. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE, by Native Foods,
Inc., for Native Foods, 73-890 El Paseo, #R8, Palm Desert.
Rec: Receive and file.
D-5. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by
Armando D. Alvarez and Martha Martinez for Armando's Dakota Bar & Grill,
73-260 El Paseo, #1 A, Palm Desert.
Rec: Receive and file.
E-1. CITY'S PORTFOLIO MANAGEMENT SUMMARY for the Months Ending
May 31, and June 30, 2001.
Rec: Receive and file.
E-2. REQUEST FOR APPROVAL of Authorized Broker -Dealers Pursuant to the
City of Palm Desert/Palm Desert Redevelopment Agency Investment Policy
(Joint Consideration with the Palm Desert Redevelopment Agency).
Rec: By Minute Motion, approve: 1) Continued retention of Bank of
America Securities, Wells Fargo Institutional Securities, Merrill Lynch,
Morgan Stanley, and Smith Barney as broker -dealers; 2) the
dismissal of Chase Securities as a broker -dealer.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2001
F-1. MINUTES of City Committee and Commission Meetings.
1. Art In Public Places Commission Meeting of June 20, 2001.
2. Civic Arts Committee Meeting of June 11, 2001.
3. Investment & Finance Committee Meeting of May 16, 2001.
4. Library Promotion Committee Meeting of May 9, 2001.
5. Palm Desert Recreational Facilities Corporation Meeting of March 6,
2001.
6. Promotion Committee Meeting of June 19, 2001.
Rec: Receive and file.
F-2. LETTER OF RESIGNATION from Christina P. Pena from the Art In Public
Places Commission.
Rec: Receive with very sincere regret.
G. REQUEST FOR RATIFICATION of Grass Seed Purchase.
Rec: By Minute Motion, ratify the City Manager's decision to purchase
45,000 pounds of grass seed from Turf -Seed, Inc., of Hubbard,
Oregon, in the amount of $26,100.00 plus 7.5% sales tax in the
amount of $1,957.50 (totaling $28,057.50) and approve the purchase
of seed directly from the seed producer — funds are available in
Account No. 110-4610-453-3320.
H. REQUEST FOR AUTHORIZATION to Negotiate and Execute Emergency
Preparedness Program Contract (Contract No. C19330).
Rec: By Minute Motion, authorize the City Manager to negotiate and
execute the subject contract with Mike McConnell, Bermuda Dunes,
California, in an amount not to exceed $5,000.
1-1. REQUEST FOR APPROVAL of Contract for Fireworks Display for 2001
Summer of Fun Concert Series Finale (Contract No. C19340).
Rec: By Minute Motion, approve the subject contract in the amount of
$6,000 with PyroSpectaculars, Rialto, California, for a five-minute
display at the final concert to be held Thursday, September 6, 2001,
and authorize the Mayor to execute same — funds are available in
Account No. 110-4416-414-3061.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2001
1-2. REQUEST FOR APPROVAL of Contract for the Installation and Storage of
— the City's Holiday Decorations (Contract No. C19350).
Rec: By Minute Motion, approve the subject contract in the amount of
$7,422.85 with The Jarvis Company, Brentwood, California, and
authorize the Mayor to execute same —funds are available in Account
No. 110-4416-414-2190.
1-3. REQUEST FOR APPROVAL of Agreement for a Telephone Messaging
System (Contract No. C19360).
Rec: By Minute Motion, approve the subject contract in the amount of
$24,641 with Fujitsu Business Communications Systems, Irvine,
California, and authorize the Mayor to execute same.
1-4. REQUEST FOR APPROVAL of Memorandums of Understanding (MOUs)
with Riverside County Transportation Commission for Funding of
Highway 111 Improvements.
Rec: By Minute Motion, approve and authorize the Mayor to execute:
1) Contract No. C19370 — Highway 111 and San Luis Rey;
2) Contract No. C19380 — Highway 111 and Town Center
Way/EI Paseo; 3) Contract No. C19390 — Highway 111 and
El Paseo/Cabrillo.
1-5. REQUEST FOR AWARD OF CONTRACT for the Interior Remodel of the
Building & Safety Department (Contract No. C19400).
Rec: By Minute Motion, award the subject contract in the amount of
$11,965 to Doug Wall Construction, Inc., Bermuda Dunes, California,
and authorize the Mayor to execute same — funds are available in
Account No. 110-4420-422-4040.
1-6. REQUEST FOR AWARD OF CONTRACT for Restoration of the
Peace Memorial Sculpture (Contract No. C18550-A).
Rec: By Minute Motion: 1) Award the subject contract in an amount not to
exceed $15,000 to Cortima Company, Indio, California; 2) authorize
the Mayor to execute same; 3) authorize the disbursement of said
funds from Art In Public Places Maintenance Fund Account
No. 240-4650-454-3372.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2001
J-1. REQUEST FOR EXTENSION OF CONTRACT for Property Management
Services for the Parkview Professional Office Complex
(Contract No. C15102).
Rec: By Minute Motion, approve a one-year extension of the subject
contract with Mason & Mason, Inc., Montrose, California, and
authorize the Mayor to execute same.
J-2. REQUEST FOR APPROVAL of Amendment to Contract for Phase I of the
Civic Center Carports Project (Contract No. C17800).
Rec: By Minute Motion: 1) Approve of additional work performed by
Urrutia Architects, Palm Desert, California, in the amount of
$24,841.39, in preparation of the final working drawings for the
subject project; 2) authorize the Director of Finance to appropriate
$24,841.39 plus $680.00 for printing and duplicating plans (totaling
$25,521.31) from Unallocated General Fund Reserves for same.
J-3. REQUEST FOR EXTENSION OF CONTRACT with Office Depot (Contract
No. C17371).
Rec: By Minute Motion, approve the subject one-year extension of existing
contract with Office Depot for various City supplies.
J-4. REQUEST FOR APPROVAL of Amendment to Contract for Services and
Materials in the Advertising and Promotion of the El Paseo Business
Improvement District (Contract No. C17991).
Rec: By Minute Motion, approve the subject contract amendment with
Chuck Davis d/b/a D & A Marketing, Palm Desert, California,
extending the contract from July 1, 2001, through June 30, 2002, and
authorize the Mayor to execute same.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2001
K-1. REQUEST FOR APPROVAL of Change Order No. 2 to Contract
No. C17440 — Civic Center Re -roofing Project.
Rec: By Minute Motion, approve Change Order No. 2 for additional work
and services in the amount of $26,670 to the subject contract with
Petronella Roofing, Cathedral City, California; 2) transfer the contract
contingency amount of $13,006 from contingency to base;
3) appropriate an additional $13,664 from the Civic Center Capital
Project Reserve, Account No. 400-4161-415-4005, for the balance of
the Change Order; 4) authorize the Mayor to execute Change Order
No. 2.
K-2. REQUEST FOR APPROVAL of Change Order No. 1 to Contract
No. C17691 — Consolidated Landscape Maintenance Area No. 4 (Project
No. 710-00).
Rec: By Minute Motion, approve Change Order No. 1 in the amount of
$2,250 to the subject contract with Valley Gardening Service,
Thermal, California, for landscape maintenance of the medians on
Hovley Lane East between El Dorado and Oasis Club Drive and
authorize the Mayor to execute same.
K-3. REQUEST FOR RATIFICATION of Change Order No. 1 to Contract
No. C17900 — Construction of Beginners' Skate Park and Water Features.
Rec: By Minute Motion, ratify Change Order No. 1 in the amount of
$6,658.50 to the subject contract with California Landscape and
Design, Inc., Upland, California, for additional work necessary for the
subject project and authorize the Mayor to execute same.
K-4. REQUEST FOR APPROVAL of Change Order No. 1 to Contract
No. C18870 — Consolidated Landscape Maintenance Area No. 7.
Rec: By Minute Motion, approve Change Order No. 1 in the amount of
$1,250 to the subject contract with Garza Landscaping, Inc., Indio,
California, for landscape maintenance of the parkway on Hovley Lane
West and the retention basin at the south end of Avenida Solana and
authorize the Mayor to execute same.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2001
L-1. REQUEST FOR APPROVAL of Change Order No. 1 and Acceptance of
Work for the Community Gardens Restroom and Shade Structure (Contract
No. C18300, Project No. 597-OOB) (Cora Constructors, Palm Desert, CA).
Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of
$8,938 to the subject contract with Cora Constructors, Palm Desert,
California, and authorize the Mayor to execute same; 2) authorize the
transfer of said amount from contingency to base for this project;
3) authorize the City Clerk to file a Notice of Completion for the
subject project.
L-2. REQUEST FOR ACCEPTANCE OF WORK for the 2001 Citywide Tree
Trimming Program (Contract No. C18330, Project No. 588-01)
(United Pacific Services, Inc., La Habra, 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.
L-3. REQUEST FOR APPROVAL of Change Order No. 1 and Acceptance of
Work for Citywide Palm Tree Trimming Program (Contract No. C18820,
Project No. 587-01) (Leonard Chaidez, Inc., Anaheim, CA).
Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of
$1,163 to the subject contract with Leonard Chaidez, Inc., Anaheim,
California, for additional trees; 2) accept the work as complete and
authorize the City Clerk to file a Notice of Completion for the subject
project.
L-4. REQUEST FOR ACCEPTANCE OF WORK for the Palm Tree Installation in
the Traffic Circle Planter at the Desert Willow Golf Resort (Contract
No. C18400-A) (Randy G. Myers and Nurseries, Palm Desert, CA).
Removed for separate discussion under Section V, Consent Items Held
Over. Please see that portion of the Minutes for discussion and action.
M. REQUEST FOR AUTHORIZATION to Enter Into an Agreement with the
Coachella Valley Recreation & Park District for Registration for the
Palm Desert Community Garden.
Rec: By Minute Motion, authorize entering into an agreement with the
Coachella Valley Recreation & Park District for the purpose of
tracking of and registration for the Palm Desert Community Garden.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2001
N. REQUEST FOR APPROVAL of Outside Agency Funding for SunLine Transit
Agency's Vet's Express.
Rec: By Minute Motion, approve an Outside Agency Funding Agreement
with SunLine Transit AgencyNet's Express in the amount of $2,000
and authorize the Mayor to execute same.
0. REQUEST FOR AUTHORIZATION to Begin Using STAT Medical Group,
Inc. Urgent Care Facility to Provide City Physician Services.
Rec: By Minute Motion, authorize staff to begin using the STAT Medical
Group, Inc. Urgent Care Facility, Palm Desert, California, to provide
City physician services.
P. REQUEST FOR APPROVAL of Technology Committee's Recommendation
for Information Technology (IT) Governance Process
(Contract No. C17300-A).
Rec: By Minute Motion, concur with the recommendation of the Technology
Committee and approve having The Gartner Group assist City staff
in establishing/developing an IT Governance Process for City
departments to request new technology systems.
Q-1. REQUEST FOR AUTHORIZATION to Release Subdivision Improvement
Security for Tract 27370 (GHA Holdings, Inc., Applicant).
Rec: By Minute Motion, accept the subdivision improvements as complete
and authorize the City Clerk to reduce the amount of the subdivision
improvement securities to 10% of their value as maintenance security
for a one-year maintenance period for Tract 27370.
Q-2. REQUEST FOR AUTHORIZATION to Release Grading improvement
Security for Tract 27520-5 (BIGHORN Development, LLC, Applicant).
Rec: By Minute Motion, authorize the City Clerk to release the subject
improvement securities.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2001
Q-3. REQUEST FOR AUTHORIZATION to Release Subdivision Improvement
Security for Tract 29579 (GHA Holdings, Inc., Applicant).
Rec: By Minute Motion, accept the subdivision improvements as complete
and authorize the City Clerk to reduce the amount of the subdivision
improvement securities to 10% of their value as maintenance security
for a one-year maintenance period for Tract 29579.
Q-4. REQUEST FOR APPROVAL of Final Tract Map 29893 (Krisco, Inc.,
Applicant).
Rec: Waive further reading and adopt Resolution No. 01-96, approving the
final subdivision map of Tract No. 29893 and approving the
agreement relating thereto.
Q-5. REQUEST FOR APPROVAL of Final Tract Map 30030 (Sound Management,
LLC, Applicant).
Rec: Waive further reading and adopt Resolution No. 01-97, approving the
final subdivision map of Tract No. 30030 and approving the
agreement relating thereto.
R. CONSIDERATION of Actions Taken by the Legislative Review Committee
at its Meeting of July 24, 2001.
Removed for separate discussion under Section V, Consent Items Held
Over. Please see that portion of the Minutes for discussion and action.
S-1. REQUEST FOR APPROVAL of Alcoholic Beverage Concession for the
2001 Palm Desert Golf Cart Parade.
Rec: By Minute Motion, permit the sale, possession, and consumption of
alcoholic beverages in connection with a special event, the
Palm Desert Golf Cart Parade, scheduled to be held November 4,
2001.
S-2. REQUEST FOR WAIVER of Fees Associated with the Second Annual
Animal Samaritans "Walk With The Animals."
Rec: By Minute Motion, waive fees associated with the subject event to be
held November 17, 2001, at the Palm Desert Civic Center Park.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2001
S-3. REQUEST FOR AUTHORIZATION to Stage the Desert Cities Track Club's
Third Annual "Turkey Trot."
Rec: By Minute Motion, authorize the Desert Cities Track Club to stage its
third annual "Turkey Trot" on November 22, 2001 (Thanksgiving Day)
from 7:30 a.m. to 9:30 a.m.
S-4. REQUEST FOR WAIVER of Fees Associated with First Annual "Paws &
Hearts" Dog Walk/Talent Search.
Rec: By Minute Motion, waive fees associated with the subject event
scheduled to be held December 1, 2001, at the Palm Desert Civic
Center Park.
T-1. REQUEST FOR APPROVAL of Out -of -State Travel for the Seattle Art
Commission's Public Art 101 Conference.
Rec: By Minute Motion, authorize the Intern/Public Art Technician to attend
the subject conference in Seattle, Washington, October 3-5, 2001, in
an amount not to exceed $1,200 — funds are available in Account
No. 436-4650-454-3125.
T-2. REQUEST FOR APPROVAL of Out -of -State Travel for the
Autodesk University 2001 Conference.
Rec: By Minute Motion, authorize the Senior Engineering Technician to
attend the subject conference in Las Vegas, Nevada,
November 27-30, 2001 — funds are available in Account
No. 110-4300-413-3120.
NOTE: ITEMS T-3 AND T-4 WERE LISTED ON AN AGENDA ADDENDUM POSTED
72 HOURS PRIOR TO THE MEETING.
T-3. REQUEST FOR APPROVAL of Out -of -State Travel for the Vision For
Wildlife 2001 Conference.
Rec: By Minute Motion, approve the request for Councilman Crites to
attend the subject conference to be held September 14-17, 2001, in
St. Paul, Minnesota.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2001
T-4. REQUEST FOR APPROVAL of Out -of -State Travel for an Energy Plant Site
Visit in Ft. Lauderdale, Florida.
Rec: By Minute Motion, approve the request for Councilman Crites to
participate in the subject visit September 18-21, 2001.
U. INFORMATIONAL ITEMS:
1. Progress Report on Retail Center Vacancies
2. Civic Center Energy Conservation Update
3. Progress and Status Report on the Fred Waring Drive Utility
Undergrounding and Block Wall Construction Projects
4. Report on Striping on Deep Canyon Road Between Highway 111 and
Fred Waring Drive
Mayor Ferguson stated that he would be abstaining on Item T-4 because he
represents Waste Management, and this is a trip to look at one of its energy
generating facilities.
Mayor Pro-Tem Kelly asked that Item L-4 be removed for separate discussion.
Councilman Crites asked that Item R-2 also be removed for separate discussion.
Upon motion by Spiegel, second by Crites, the remainder of the Consent Calendar
was approved as presented by a 5-0 vote of the Council, with Mayor Ferguson
ABSTAINING on Item T-4.
V. CONSENT ITEMS HELD OVER
L-4. REQUEST FOR ACCEPTANCE OF WORK for the Palm Tree Installation in
the Traffic Circle Planter at the Desert Willow Golf Resort (Contract
No. C18400-A) (Randy G. Myers and Nurseries, Palm Desert, CA).
Mayor Pro-Tem Kelly stated that he felt this project was not exactly the way
the Landscape Committee asked that it be done. He said he and
Councilman Crites were working diligently to make it look better so that it will
not be a deterrent to the Golf Resort.
Councilman Crites agreed and said one example was that there were
approximately 20 palm trees missing.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2001
Mayor Pro-Tem Kelly added that he felt the City was probably obligated to
approve the payment of what has been done so far, even though the project
itself is not yet complete.
Councilman Crites noted that there were still parts of the project to be
completed that were not part of this particular contract.
Mr. Yrigoyen added that Pink, Inc. was doing other landscaping such as
bushes and shrubs, and this particular Notice of Completion was just for
some of the palm trees.
Councilman Crites moved to, by Minute Motion, accept the work as complete and
authorize the City Clerk to file a Notice of Completion for the subject project, with the
understanding that the project will receive further consideration by the Landscape
Beautification Committee. Motion was seconded by Kelly and carried by a 4-0-1 vote, with
Councilman Spiegel ABSTAINING.
R. CONSIDERATION of Actions Taken by the Legislative Review Committee
at its Meeting of July 24, 2001.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee and direct staff to prepare letters for the Mayor's
signature, as follows: 1) Opposing AB 1199 (Cardenas) relative to
sales tax exemptions; 2) opposing ABX 2 52 (Reyes) relative to sales
tax exemptions; 3) supporting SBX 2 84 (Burton) relative to battery
backup power for traffic signals; 4) supporting SB 691 (McPherson)
relative to attorney's fees; 5) supporting SCA 5 (Torlakson) relative
to transportation funding; 6) SCA 6 (Murray) relative to transportation
funding.
Councilman Crites stated that rather than opposing all of these bills, he
would be supportive of sending back the things the Council would support
or those whose language, as written, is unacceptable. He said he doubted
whether the Council would have any objection if only the State portion of
sales tax were withdrawn because that does not affect local communities at
all.
Mayor Pro-Tem Kelly suggested that it be referred back to Legislative
Review Committee.
Councilman Crites also suggested a one-year program that expires in one
year, giving incentive for people to change over for energy issues.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2001
Mayor Ferguson stated that he had asked that Legislative Review
Committee recommendations be broken down in separate parts for the
Council to vote on. He said he would be voting against Item 1, would
support Items 3 through 6, and would accept referral of Item 2 back to the
Legislative Review Committee. He added that he would not be opposed to
referring Item 1 back to the Committee as well.
Mayor Pro-Tem Kelly moved to refer Items 1 and 2 (AB 1199 and ABX 252) back
to the Legislative Review Committee and approve the remainder. Motion was seconded
by Crites and carried by a 5-0 vote.
VI. RESOLUTIONS
A. RESOLUTION NO. 01-98 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE
FISCAL YEAR 2000/01 BUDGET AS A RESULT OF YEAR-END
ADJUSTMENTS.
Mr. Gibson noted one adjustment adding $179,000 to the Housing Mitigation
Fee. He offered to answer any questions.
Councilman Spiegel moved to waive further reading and adopt Resolution
No. 01-98. Motion was seconded by Kelly and carried by a 5-0 vote.
B. RESOLUTION NO. 01-99 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING MILEAGE
REIMBURSEMENT FOR CITY EMPLOYEES AND MEMBERS OF THE CITY
COUNCIL.
Mayor Pro-Tem Kelly moved to waive further reading and adopt Resolution
No. 01-99. Motion was seconded by Crites and carried by a 5-0 vote.
C. RESOLUTION NO. 01-100 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AFFIRMING ITS INTENTION
THAT CERTAIN PROPERTY BE USED FOR THE DEVELOPMENT OF
HOUSING AFFORDABLE TO PERSONS AND FAMILIES OF LOW AND
MODERATE INCOME (APN 627-171-001-1).
Councilman Crites moved to waive further reading and adopt Resolution
No. 01-100. Motion was seconded by Spiegel and carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2001
VII. ORDINANCES
For Introduction:
A. ORDINANCE NO. 1002 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE
NO. 626 AND AMENDING SECTION 10.36.010 OF TITLE 10 OF THE
PALM DESERT MUNICIPAL CODE (SPEED ZONES - PARK VIEW DRIVE)
(Reintroduction of Ordinance).
Mr. Ortega noted that this was a speed limit previously adopted by the City
Council and which City staff was requesting be amended to a lower speed
because part of the street is in Rancho Mirage.
Councilman Spiegel moved to waive further reading and pass Ordinance No. 1002
to second reading. Motion was seconded by Kelly and carried by a 5-0 vote.
B. ORDINANCE NO. 1003 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 12.32 TO
THE PALM DESERT MUNICIPAL CODE, RELATING TO MAINTENANCE
AND CARE OF TREES.
Mr. Ortega stated that staff had received a communication from Southern
California Edison with regard to this ordinance. He noted this was discussed
at Landscape Committee, and staff was requesting that action be postponed
to the next meeting for amendment.
Councilman Spiegel moved to continue this matter to the meeting of September 27,
2001. Motion was seconded by Crites and carried by a 5-0 vote.
For Adoption:
A. ORDINANCE NO. 992 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 2.38 OF
THE PALM DESERT MUNICIPAL CODE, RELATING TO VOLUNTARY
EXPENDITURE CEILING (GENERAL MUNICIPAL ELECTIONS).
Councilman Spiegel moved to waive further reading and adopt Ordinance No. 992.
Motion was seconded by Kelly and carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2001
B. ORDINANCE NO. 994 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE
NO. 798 AND AMENDING SECTION 10.36.010 OF TITLE 10 OF THE
PALM DESERT MUNICIPAL CODE (SPEED ZONES - ALESSANDRO
DRIVE).
Councilman Spiegel moved to waive further reading and adopt Ordinance No. 994.
Motion was seconded by Kelly and carried by a 5-0 vote.
C. ORDINANCE NO. 995 -AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE
NO. 804 AND AMENDING SECTION 10.36.010 OF TITLE 10 OF THE
PALM DESERT MUNICIPAL CODE
(SPEED ZONES - DEEP CANYON ROAD).
Councilman Spiegel moved to waive further reading and adopt Ordinance No. 995.
Motion was seconded by Kelly and carried by a 5-0 vote.
D. ORDINANCE NO. 996 -AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE
NO. 816 AND AMENDING SECTION 10.36.010 OF TITLE 10 OF THE
PALM DESERT MUNICIPAL CODE (SPEED ZONES -
DINAH SHORE DRIVE).
Councilman Spiegel moved to waive further reading and adopt Ordinance No. 996.
Motion was seconded by Kelly and carried by a 5-0 vote.
E. ORDINANCE NO. 997 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE
NO. 814 AND AMENDING SECTION 10.36.010 OF TITLE 10 OF THE
PALM DESERT MUNICIPAL CODE (SPEED ZONES - EL PASEO).
Councilman Spiegel moved to waive further reading and adopt Ordinance No. 997.
Motion was seconded by Kelly and carried by a 5-0 vote.
F. ORDINANCE NO. 998 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE
NOS. 805 AND 812 AND AMENDING SECTION 10.36.010 OF TITLE 10 OF
THE PALM DESERT MUNICIPAL CODE (SPEED ZONES -
FRED WARING DRIVE).
Councilman Spiegel moved to waive further reading and adopt Ordinance No. 998.
Motion was seconded by Kelly and carried by a 5-0 vote.
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— G. ORDINANCE NO. 999 -AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE
NO. 796 AND AMENDING SECTION 10.36.010 OF TITLE 10 OF THE
PALM DESERT MUNICIPAL CODE (SPEED ZONES -
HOVLEY LANE WEST).
Councilman Spiegel moved to waive further reading and adopt Ordinance No. 999.
Motion was seconded by Kelly and carried by a 5-0 vote.
H. ORDINANCE NO. 1000 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING
SECTION 10.36.010 OF TITLE 10 OF THE PALM DESERT MUNICIPAL
CODE (SPEED ZONES MAGNESIA FALLS DRIVE).
Councilman Spiegel moved to waive further reading and adopt Ordinance No. 1000.
Motion was seconded by Kelly and carried by a 5-0 vote.
I. ORDINANCE NO. 1001 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE
NOS. 795, 808, AND 912 AND AMENDING SECTION 10.36.010 OF
TITLE 10 OF THE PALM DESERT MUNICIPAL CODE (SPEED
ZONES - MONTEREY AVENUE).
Councilman Spiegel moved to waive further reading and adopt Ordinance No. 1001.
Motion was seconded by Kelly and carried by a 5-0 vote.
VIII. NEW BUSINESS
A. REQUEST FOR APPROVAL OF FURTHER APPROPRIATION TO AND
AGREEING TO TERMS OF SAME FOR THE REDEVELOPMENT
REVOLVING LOAN FUND (JOINT CONSIDERATION WITH THE
PALM DESERT REDEVELOPMENT AGENCY).
Mr. Ortega reviewed the staff report and offered to answer any questions.
Councilman/Member Spiegel moved to waive further reading and adopt: 1) City
Council Resolution No. 01-94, making a further appropriation to the Redevelopment
Revolving Loan Fund; 2) Redevelopment Agency Resolution No. 424, agreeing to the
terms of a resolution of the City Council of the City of Palm Desert, California, making a
further appropriation to the Redevelopment Revolving Loan Fund. Motion was seconded
by Benson and carried by a 5-0 vote.
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B. REQUEST FOR APPROVAL OF HOUSEHOLD HAZARDOUS WASTE
(HHW) COLLECTION PROGRAM.
Mayor Ferguson stated that he would be abstaining from this item because
it is part of the City's contract with Waste Management, one of his clients.
Mr. Ortega reviewed the staff report and offered to answer any questions.
Councilman Crites moved to, by Minute Motion: 1) Authorize the expenditure of
$174,505; 2) authorize the appropriation of $174,505 from the Unobligated Recycling
(Tipping Fee) Fund for the purpose of establishing a permanent HHW Collection Program
at Waste Management of the Desert; 3) authorize Waste Management of the Desert,
pursuant to the Franchise Agreement, Section 4.7.12(A) & (B), to undertake the
implementation and operation of the HHW Collection Program. Motion was seconded by
Kelly and carried by a 4-0-1 vote, with Mayor Ferguson ABSTAINING.
Mayor Pro-Tem Kelly stated that there was mention in the staff report about
the reserve the City has and staff looking at other programs for that reserve.
He reminded staff that the reserve is there because the City still has ongoing
potential liabilities for closing of landfills.
Councilman Crites asked whether the amount noted in the staff report
excluded those funds set aside for closing costs at Edom Hill.
Management Analyst Frankie Riddle responded that the City was awarded
the $70,000 as part of the grant initially applied for, and the City still had $2
million plus for the tipping fee. She added that staff would be preparing a
report to include the costs for the possible closure of Edom Hill.
C. REQUEST FOR APPROVAL OF AMENDMENT TO CONTRACT FOR THE
CONSTRUCTION OF TWO BUS SHELTERS.
Mayor Ferguson stated that he would be abstaining from the Baker's Square
bus shelter as it is within 300 feet of his business.
Mayor Pro-Tem Kelly moved to, by Minute Motion: 1) Approve an amendment to
Contract No. C18100-A with Chris Van Vliet to provide for the construction of two City bus
shelters in an amount not to exceed $114,700 and authorize a 10% contingency of
$11,470; 2) authorize the Mayor to execute said amendment. Motion was seconded by
Spiegel and carried by a 4-0-1 vote, with Mayor Ferguson ABSTAINING.
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D. REQUEST FOR AWARD OF CONTRACT FOR PROFESSIONAL
— ENGINEERING AND DESIGN SERVICES FOR THE IRRIGATION PUMP
STATION AT THE CIVIC CENTER PARK (CONTRACT NO. C19410,
PROJECT NO. 720-01).
Mr. Ortega reviewed the staff report and offered to answer any questions.
Mayor Pro-Tem Kelly stated he found in the staff report the location of the
existing well, but he could not find the location for the proposed well.
Mr. Gaugush responded that one of the items in the design proposal
involved identifying an appropriate site for that well, so the design engineer
would be finding said site.
Councilman Spiegel questioned why staff did not include in the report the
amount of the bid by the other firm submitting a proposal, Tetra Tech.
Mr. Gaugush responded that award of bids for design services was based
on qualifications rather than cost. Once staff determines that the firm is
acceptable, is qualified, and can perform the services required, the cost of
those services is then negotiated. He said staff did not feel Tetra Tech was
as qualified as The Keith Companies. As further clarification of Mayor Pro-
Tem Kelly's concern, he said staff knew the general location for the
proposed well, north of the dog park area. He added that one of the criteria
staff has to work with is CVWD's requirement that there be certain distances
between well sites in its grid. Until a location can be nailed down that meets
that criteria as well as others, staff did not want to specify a particular point
within the facility for the location of the proposed well. He noted that once
determined, the matter would come back to the Council.
Councilman Spiegel moved to, y Minute Motion, award the subject contract to The
Keith Companies, Palm Desert, California, in the amount of $199,979 and authorize a 10%
contingency in the amount of $19,997.90 (totaling $219,976.90) and authorize the Mayor
to execute same. Motion was seconded by Crites and carried by a 5-0 vote.
E. REQUEST FOR APPROVAL OF DINAH SHORE DRIVE IMPROVEMENT
REIMBURSEMENT AGREEMENT (CONTRACT NO. C19420).
Mr. Ortega noted the staff report and proposed contract in the packets and
offered to answer any questions.
Mayor Pro-Tem Kelly said it was his understanding that the agreement
between the CVAG and the Tribe and eventually between the cities and the
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Tribe was that the Tribe was going to fund the improvements because of the
casino, and the cities would then reimburse the Tribe as the property was
developed, when the developers did their normal required improvements.
Mr. Folkers stated that was not the way the contract was written. He noted
that it included a seven-year payback by the City of Palm Desert. As far as
reimbursement to the City of Palm Desert by the developers, that would have
to be included in development agreements for those developments.
Councilman Crites stated that the need for this is generated by the casino,
and he asked why, then, the City was paying any of it. He added that he felt
the City was already paying in terms of added traffic congestion, etc., which
he felt was a significant contribution in itself.
Mayor Ferguson suggested that this matter be continued, with staff to look
at ways to make the City whole and guarantee that the City will be made
whole. If there is not a way for that to happen, he suggested that Council go
back to the issue of whether the City should do this at all.
Councilman Spiegel asked if the Tribe planned on paying for any of the
street expansion on Bob Hope or on Dinah Shore toward Palm Springs.
Mr. Folkers said he did not recall. He added that his recommendation was
that the Council defer the matter at this time so that staff can get all of those
answers.
Councilman Spiegel moved to continue this matter to a time uncertain. Motion was
seconded by Crites and carried by a 5-0 vote.
F. CONSIDERATION OF ARCHITECTURAL AWARDS.
Mr. Ortega noted the report in the packets.
Upon question by Councilman Spiegel as to why this was being done, Mayor
Ferguson responded that he and Mayor Pro-Tem Kelly had previously
discussed the idea that it might be nice to recognize and thank developers
who go out of their way to design exceptionally good projects in Palm Desert
which the Council really likes. He said there are certain examples in
architecture, landscape, and bus shelter design. He added that he did not
necessarily think it should be a formal process.
Councilman Spiegel asked what the Architectural Review Commission felt
about such awards, and Mr. Drell responded that the Commission had not
yet considered this matter.
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Councilman Crites suggested that this be perhaps be included in a larger
program where City awards are given annually in other areas such as
education, landscaping, etc.
Councilman Spiegel stated that it could fit in with the City's Customer
Service awards.
Mayor Ferguson stated that the comment he heard most often from the
development community was that they only hear when the Council does not
like things, and he felt it would be more positive to tell them when the
Council does like certain things.
Councilman Crites moved to, by Minute Motion, refer this matter to the Architectural
Review Commission for input and direct staff to incorporate such an award program into
an overall program that includes the Customer Service recognition and possible other
recognition programs by the City. Motion was seconded by Spiegel and carried by a 5-0
vote.
NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED
72 HOURS PRIOR TO THE MEETING.
G. CONSIDERATION OF REQUEST FOR REIMBURSEMENT OF
SEWER CONNECTION FEE (O. Michael Homme, Applicant).
Mr. Ortega noted the staff report and recommendation as well as letters from
Mr. Homme appealing staffs recommendation to Council.
Councilman Spiegel moved to, by Minute Motion, deny the subject request for
reimbursement. Motion was seconded by Kelly and carried by a 4-1 vote with Mayor
Ferguson voting NO.
IX. CONTINUED BUSINESS
A. CONSIDERATION OF MEMBERSHIP PROVISIONS OF THE DISPOSITION
AND DEVELOPMENT AGREEMENT BETWEEN THE PALM DESERT
REDEVELOPMENT AGENCY AND FRIENDS OF THE CULTURAL
CENTER, INC. (JOINT CONSIDERATION WITH THE PALM DESERT
REDEVELOPMENT AGENCY) (Continued from the meetings of June 28,
and July 19, 2001).
Mr. Ortega reviewed the staff report, noting that the agreement had been
finalized, the funds had been transferred, and the lease had been
concluded. However, the Council/Agency Board had indicated it wanted this
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item brought back for possible reconsideration of appointments to several
boards at the McCallum Theatre.
Councilman/Member Spiegel stated that he was supportive of the money
given to the McCallum to keep it in business. However, he expressed
concern that having a member of the City Council and the City Manager or
his designee as voting members of the Board might place the City in an
awkward position if times get tough again and if the McCallum Theatre was
to request additional funds. He said he would still be supportive of the
McCallum's student activity programs, and he did feel someone from the City
should be involved in what is going on at the McCallum. He suggested
amending the agreement so that, rather than having the City Manager on the
Board, the City Treasurer should attend the meetings, not as a voting
member but just to be present and be aware of the financial status of the
McCallum Theatre. In addition, instead of having a Councilmember as a
"Council designee," that person could be a Councilmember or someone else,
much the same as with the Joslyn Senior Center.
Mayor Pro-TemNice Chairman Kelly agreed with Councilman/Member
Spiegel. He said he did not have a problem with the City having a
Councilmember on the Board; however, he felt when it is written into the
contract as a requirement, as in Sections 3.1.4 and 3.1.5, the City would be
taking on part of responsibility of running the McCallum Theatre. Then if
something goes wrong, and the Theatre is not run properly and does not
make money, the City would be part of the obligation as well. He said he did
not think this should be written into the agreement as a requirement.
Mayor/Chairman Ferguson stated that when the City first began assisting the
Theatre in 1995, there was an issue about whether the City was appointing
someone to the McCallum Board or if the McCallum Board was inviting
someone from the City to serve on its Board. He said he thought there was
a critical distinction that the person who sits on that Board was not a formal
appointment by the City Council but was rather serving at the pleasure of the
McCallum Theatre.
Mr. Erwin responded that Chairman Ferguson was correct, and the decision
was made that the appointment to the McCallum Board from the City Council
would be designated by that Board rather than the Council, and the reason
was because of the Brown Act.
Mayor/Chairman Ferguson stated that as to the Foundation Board, it was his
understanding that the requirements are written such that the money that
was given by the City will sit in a non -invadable trust corpus and do nothing
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but generate interest, and if it ever is invaded or the City's money is ever
spent, that triggers a whole series of forfeitures and rights and remedies that
the City has as to its money. He said for that reason, he felt the City needed
someone on the Foundation Board, although he agreed with Mayor Pro-
TemNice Chairman Kelly's concerns with including the requirement as to the
full Board.
Councilman/Member Spiegel suggested that this matter be continued to the
next meeting in order for the City Attorney to review these issues.
Councilman/Member Crites stated that he would like the City Attorney to
respond to the issue about whether or not Sections 3.1.4 and 3.1.5 actually
trigger some liability. He also suggested the following wording for Section
3.1.4: "Center is encouraged to invite a member of the City Council or its
designee to serve..? He also suggested that the City Attorney look at City
Council representation on other local entities such as the Chamber of
Commerce Board of Directors.
Councilman/Member Spiegel moved to continue this matter to the meeting of
September 27, 2001, with the City Attorney to review: 1) Sections 3.1.4 and 3.1.5 for
potential liability issues; 2) suggested wording for Section 3.1.4, "Center is encouraged to
invite a member of the City Council or its designee to serve...;" 3) a consistent policy for
City Councilmembers' representation on other local entities (e.g. Palm Desert Chamber
of Commerce Board of Directors, etc.) Motion was seconded by Crites and carried by a
4-0-1 vote, with Councilmember/Member Benson ABSTAINING.
B. REQUEST FOR APPROVAL OF SKATE PARK DEMONSTRATIONS UP TO
FOUR TIMES PER YEAR, INCLUDING CLOSURE OF THE SKATE PARK
FOR GENERAL USE DURING SUCH EVENTS (Continued from the meeting
of June 14, 2001).
Parks and Recreation Planning Manager Jeff Winklepleck stated that this
matter had been continued primarily for staff to meet with the Sheriffs
Department and other concerned individuals, which had been done. He said
the competition would go through a special events permit where conditions
will be placed on the specific event depending on the size and the request.
He said everyone involved was in favor of this, and staff recommended
approval. He added that the YMCA had indicated it would like to be the
main applicant, and they would gladly provide any additional insurance
necessary.
Councilman Spiegel moved to, by Minute Motion, approve skate park
demonstrations for up to four times per year, including closure of the Skate Park for
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general use during the events, and authorize that the demonstrations be processed as a
special event. Motion was seconded by Benson and carried by a 5-0 vote.
C. REQUEST FOR APPROVAL OF ACCESS ROAD TREATMENT ADJACENT
TO HOMME/ADAMS PARK AND PALM VALLEY STORM CHANNEL
ACCESS ROAD BARRIER (Continued from the meetings of June 28, and
July 19, 2001).
Councilman Crites stated that he would abstain from this item as he lives
near the subject access road.
Mr. Ortega noted the staff report in the packets as well as a petition relative
to the dust created by traffic on the easement.
Mr. Winklepleck showed a sample of material used across from the Marriott
for dust control and recommended that this material also be used for this
access road treatment.
Mayor Ferguson asked if staff had discussed with residents in the area as
to what their preference might be. Mr. Winklepleck responded that there
was a mix of sentiments from residents. Some wanted black top, others
wanted different types of materials. He said this specific material he
presented would work similar to black top but without the black top look, and
staff would prefer this material.
MS. DORI CREE, 47-205 South Cliff Road, addressed the Council relative
to the polymer binder being recommended for use on this access road. She
noted that she had spoken with several parents of children who attend the
two church schools that use this road, and they had indicated they were
pleased that staff had come up with something so quickly. However, as a
resident, she said she wondered whether this polymer binder would be
effective for a long time since there is a great deal of traffic using that road.
She also noted that because of the Park, there was no delineation between
the Park and her adjoining property, and people do not know where the park
ends and her property begins. She said she liked when the "private" and "no
trespassing" signs used to be posted when the property was owned by
Mr. Homme.
Councilman Spiegel agreed that the City had created a park which was not
delineated, and people can now go on her property because they do not
know they are not still in the Park. He suggested that staff be directed to
look at the problem and come up with a solution.
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Mayor Ferguson said he agreed the residents' legal property rights should
be protected to the fullest extent of the law.
MS. CREE noted there was also a problem with South Cliff Road because
it does not say "private" in the front, and people drive into it thinking it goes
somewhere when it really only goes into her driveway and other private
driveways. She said the City's signs were at 12 feet, and she suggested that
perhaps the pole could be lowered so the signs are at eye level to the
vehicles so the drivers could see them better. She added that she would
appreciate having some kind of fence or something like that between her
property and the Park to keep people and animals out.
Mayor Pro-Tem Kelly said his understanding was that the road was actually
an easement right now. If the City paves it, it has to be paved to meet
specifications; otherwise, it is a substandard road, and the City has liability
if anyone has an accident. He noted that when developers develop projects,
the City requires that they put in roads, curbs, gutters, drainage, etc. He
said he did not like the palm logs which were recommended to be used as
the Palm Valley Storm Channel barrier, and he would vote against such use.
Mayor Ferguson said he agreed with Mayor Pro-Tem Kelly and did not want
to see palm logs as the Palm Valley Channel barrier. He said he felt the
CVWD should have some responsibility to make sure vehicles do not spill
into their channel. He said he had voted in favor of putting the Togs as
parking blocks and keeping off -road vehicles from going on Mrs. Cree's
property and City property; however, to put them against concrete on the
other side of the road he felt would look awful.
Councilman Spiegel moved to, by Minute Motion: 1) Approve the application of
polymer binders to the access road adjacent to the Homme/Adams park; 2) direct staff to
bring back the issue of palm logs along the Palm Valley Storm Channel barrier with
additional information and alternatives for delineation of the park; 3) direct the City
Attorney to review all easements on the subject property. Motion was seconded by
Benson and carried by a 4-0-1 vote, with Councilman Crites ABSTAINING.
Mrs. Cree said that Councilman Kelly noted that developers are required to
pave their roads and driveways; however, there is no developer in this area,
only individual property owners. She said if the City would help them to form
an assessment district, she was sure the property owners would pitch in to
help mitigate this dust.
Mayor Ferguson stated that the City would be happy to look into this.
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X. OLD BUSINESS
A. REQUEST FOR AWARD OF CONTRACT AND RELATED ACTIONS FOR
CONSTRUCTION OF THE INFORMATIONAL KIOSKATTHE BUREAU OF
LAND MANAGEMENT VISITOR'S CENTER.
Mr. Ortega noted the staff report in the packets and offered to answer any
questions.
Mayor Ferguson stated that he had received comments and made
observations himself that that Visitor's Center seemed to be closed a lot,
with the parking lot shut off from access to the general public. He said
before the City puts a kiosk there, he would like to have some indication of
what the future plans are for the use of that center.
Councilman Crites responded that the Center was closed in August when the
BLM staff takes vacation because general visitation is low. He said the BLM
had funding to open it six or seven days per week starting in 2002.
Councilmember Benson moved to, by Minute Motion: 1) Award the subject contract
(Contract No. C17460-A) to Doug Wall Construction, Bermuda Dunes, California, in an
amount not to exceed $32,500, pursuant to the Memorandum of Understanding (MOU)
between the City and the U.S. Department of the Interior - Bureau of Land Management
to construct kiosk on State property; 2) appropriate funds in the amount of $40,000 from
the Unobligated General Fund to Account No. 110-4132-411-3090; 3) ratify the amended
MOU (Contract No. C17950) between the agencies for the additional project costs and
associated division of project costs and approval of construction on State property; 4) ratify
Change Order No. 1 to Contract No. C17460 with Artefact Design, Cardiff -By -The -Sea,
California, in the amount of $2,500 for additional kiosk design services. Motion was
seconded by Crites and carried by a 5-0 vote.
B. REQUEST FOR AWARD OF CONTRACT FOR THE CONSTRUCTION OF
THE CURB, GUTTER, AND CROSS GUTTER REPAIR PROGRAM
(CONTRACT NO. C18700, PROJECT NO. 753-01).
Mr. Ortega noted the staff report in the packets and offered to answer any
questions.
Mayor Pro-Tem Kelly moved to, by Minute Motion, award the subject contract to
Contreras Construction Company, Indio, California, in the amount of $191,500, authorize
a 10% contingency in the amount of $19,150, and authorize the Mayor to execute same.
Motion was seconded by Spiegel and carried by a 5-0 vote.
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XI. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL OF THE SALE OF MOBILE HOME LOT
NO. 131 (APN 622-351-131-6) LOCATED AT 43-155 PORTOLA AVENUE
(PORTOLA PALMS MOBILE HOME PARK) AT FAIR MARKET VALUE
(JOINT CONSIDERATION WITH THE PALM DESERT
REDEVELOPMENT AGENCY).
Mr. Ortega reviewed the staff report and offered to answer any questions.
Mayor/Chairman Ferguson declared the public hearing open and invited testimony
in FAVOR of or in OPPOSITION to this request. With no testimony offered, he
declared the public hearing closed.
Councilmember/Member Benson moved to waive further reading and adopt: 1) City
Council Resolution No. 01-95, authorizing the Palm Desert Redevelopment Agency to sell
mobile home lot number 131 located at 43-155 Portola Avenue (Portola Palms Mobile
Home Park) at fair market value; 2) Redevelopment Agency Resolution No. 425, making
the finding that the sales price for the subject lot is not less than its 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 Kelly and carried by a 5-0 vote.
B. CONSIDERATION OF A REQUEST FOR APPROVAL OF A NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT FOR A CHANGE OF
ZONE FROM PR-10 TO PR-11 AND A PRECISE PLAN OF DESIGN FOR
THE ADDITION OF 82 NEW SINGLE -STORY UNITS (32 CASITAS AND
50 ASSISTED LIVING) WITH THE EXISTING 22 ASSISTED LIVING UNITS
CONVERTED TO AN ALZHEIMER'S FACILITY WITHIN THE EXISTING
BUILDING; NEW UNITS TO BE CONSTRUCTED ON THE WESTERLY
7.7 ACRES OF THE EXISTING FOUNTAINS AT THE CARLOTTA SITE AT
41-505 CARLOTTA DRIVE Case Nos. C/Z 01-03 and PP 01-07,
(The Fountains and Mainiero, Smith and Associates, Applicants).
Planning Manager Steve Smith reviewed in detail the staff report and site
plan. He noted that the project had been recommended for approval by the
Planning Commission, along with the change of zone from PR-10 to PR-11.
He said staffs recommendation was that Council approve the project as
recommended by Planning Commission with the following modifications:
1) That Council approve the modified center gate design as shown on the
site plan; 2) that Condition #24 be added that reads that "the site plan
provide for a secondary fire access to the satisfaction of the Fire Marshal;
said access should be located north of the existing center access gates and
shall be used for emergency access purposes only, and shall be secured on
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a Knox Box system."; 3) elimination of Condition #23 which limited the
number of special events to 12; 4) that Condition #11, restricting trash
collection times, be eliminated and replaced with "the applicant shall work
with Waste Management to assure that the trash pickup occurs between the
hours of 8:00 a.m. and 5:00 p.m."; 5) that Condition #9, restricting delivery
hours, be retained as is. He offered to answer any questions.
With regard to the issue of trash pickup, Councilman Crites asked whether
the City Attorney had ruled that we cannot have such a condition, and
Mr. Smith agreed.
Mr. Erwin stated that the exclusive contract itself provides hours, and this
would vary those hours. Upon further question by Councilman Crites, he
stated that it was his understanding the earliest time for pickup was
6:00 a.m.
Mr. Drell noted that City-wide pickup times in the summer was as early as
5:30 a.m. He added that under the franchise agreement, the City cannot
mandate a particular neighborhood to have a specific schedule without
amending the agreement.
Mayor Ferguson declared the public hearing open and invited testimony in FAVOR
of or in OPPOSITION to this request.
DR. HAROLD SCHOENFELD, 41-505 Carlotta Drive, Apt. 221, Palm Desert,
spoke as Chairman of the Fountains Residents' Ad Hoc Committee and read
a prepared statement (attached hereto and made a part hereof as
Exhibit "A").
MS. LAURI CAESAR, 41-475 Carlotta Drive, directly across from the
proposed new entrance on the north end, said there were mostly families
living at the north end with very small children, and they do not have that
large an area to play. She said they do play at the end of the cul-de-sac;
however, for the most part, they come to the end of the street where the
Carlotta is. To put in an entrance where there are a lot of emergency
vehicles would create a safety problem for these children.
MR. SCOTT MOSS, 41-965 Freedom Court, said he lived on the south side.
He felt this was becoming a north vs. south issue, and he expressed concern
with protection of the young people on both ends. He said he felt there
needed to more consideration and more time given to this.
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MS. JULIE FERGUSON with The Fountains, 2020 West Rudisill Road,
Tucson, Arizona, noted that numerous neighborhood meetings had been
held in an attempt to find a middle ground between the north and south
neighbors. A north gate was added in response to neighborhood concern,
and a decision was made at the last Planning Commission meeting that it
was not the appropriate thing to do for the neighborhood. She said they
were now requesting the center gate access in hopes of being able to design
that for use as emergency vehicle and resident access only. She noted that
the reason The Fountains wished to expand was so that its residents have
a continuous campus of care as they move to The Carlotta in their 70's or
80's. In order to be competitive with the numerous new projects that have
been built in Palm Desert, The Carlotta felt this was the next logical step.
With no further testimony offered, Mayor Ferguson declared the public hearing
closed.
Councilman Spiegel complimented staff, the Planning Commission, the
applicant, and neighbors for the amount of time that has gone into this
process. With regard to the special events issue, he said he felt there
should be as many as possible. As far as the gate was concerned, he said
staff recommended that the north gate be used specifically for emergencies,
and he would agree with that recommendation.
Councilman Crites asked what kind of consideration there was in terms of
having the north gate looped right into the cul-de-sac. He said he had gone
out and looked at the area, and it appeared that one could also go onto the
cul-de-sac itself rather than directly onto the street.
Mr. Smith responded that he did not feel this would help the emergency
vehicles.
Councilman Crites said he understood that the neighborhood children play
in that area; however, it is a public street, and public streets are primarily
designed for the use of vehicles. He said he was uncomfortable making
decisions about what is good access based on children playing in a street.
He said something else that could be done would be to use the north gate
as an emergency with a proviso to come back in one year and look at traffic
counts and other issues to see whether something different should be done
once the project is in operation.
Mayor Pro-Tem Kelly stated he felt the special events should be unlimited.
He said some of the residents are unable to leave the facility, and this would
be an opportunity for their families and friends to visit them and spend time
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2001
with them at a special event. With regard to the north gate, he said he would
like to see it with both emergency and resident access.
Councilmember Benson agreed with Mayor Pro-Tem Kelly.
Mayor Ferguson agreed with Mayor Pro-Tem Kelly and Councilmember
Benson. He said he felt private streets were primarily for transportation, and
if the City starts regulating traffic flow and pattern because children might
want to play in the streets, that will cause problems with the transportation
system. In terms of traffic volumes, he said the City does have trip -
generated numbers that tells what the streets can and cannot absorb. In
addition, the City has a Traffic Engineer who advises when there are
stacking problems and makes recommendations on how to take care of
them. He said he was all in favor of doing a "wait and see" approach but the
other way around — make the north gate available to the residents and
emergency vehicles, and if there is a problem, the matter will be back before
Council with mitigation measures. He agreed with Councilman Spiegel
regarding no limitation on the number of special events.
Councilmember Benson moved to waive further reading and: 1) Pass Ordinance
No. 1004 to second reading, approving C/Z 01-03; 2) adopt Resolution No. 01-101,
approving PP 01-07, subject to conditions, with conditions to reflect: a) Unlimited number
of special events (no restrictions); 2) addition of north gate for resident and emergency
purposes only; 3) elimination of condition restricting trash service to be replaced with,
"That the Applicant shall work with Waste Management to assure that trash collection
occurs between the hours of 8:00 a.m. and 5:00 p.m." Motion was seconded by Kelly and
carried by a 5-0 vote.
XII. REPORTS AND REMARKS
A. CITY MANAGER
1. Consideration of Hosting a League of California Cities' "Grassroots
Coordinator."
Mr. Ortega noted that the cities voted to create the Grassroots
Network at the League meeting. He said there would be 15 positions
throughout the State to provide cities with additional help in dealing
with the Legislature. Two of those positions had been assigned to the
three county divisions, one of which was the Riverside County
Division, and the League was asking for cities who would like to host
meetings, provide office space, desks, telephones, and meeting
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2001
space. He asked that staff be authorized to make such a proposal to
house one of those coordinators at the City of Palm Desert.
Mayor Ferguson stated that while the Legislative Committee had not
met formally to discuss this matter, the two members had met with the
City Manager and felt this would be a wonderful opportunity for the
City of Palm Desert to enhance its ability to work with the League of
California Cities on items affecting it.
Upon question by Councilman Spiegel, Mr. Ortega responded that it
would not really cost the City anything except to provide a desk, a
telephone, and meeting space, although there might be a small cost
for items such as long distance telephone calls. He added that he felt
the benefits would outweigh the costs of having someone here.
With Council concurrence, staff was authorized to make such a proposal.
2. Report on Meeting with County Supervisor.
No report was given.
3. Review of Bermuda Dunes Fiscal Impact Study.
Mr. Ortega stated that this item had come from the Annexation
Committee. He said there was a request from a resident of the area
that the City look again at the report regarding the feasibility of
annexing Bermuda Dunes. He said the Annexation Committee asked
that the City Council determine whether there is any interest in
looking at this again. He noted the staff report in the packets from the
Director of Community Development.
Upon question by Mayor Ferguson, Mayor Pro-Tem Kelly responded
that the Annexation Committee had made a decision a year or so ago
not to move ahead with this annexation.
Councilman Spiegel stated that he had asked the City Manager to
revisit the issue to see if what Mr. Dunlevie said in his letter request
was accurate. He said the report from the Director of Community
Development indicated that based on what he sees, it would not be
feasible to annex Bermuda Dunes, and it would cost the City about
$1 million per year.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2001
Mayor Ferguson stated his concern was that he was not convinced
anything had changed that would make the Council want to restudy
this matter.
With Council concurrence, the determination was made that there was no desire to
restudy the matter at this time.
B. CITY ATTORNEY
1) Request for Closed Session:
Conference with Real Property Negotiator pursuant to Government
Code Section 54956.8:
1) Property: APN 627-183-014
Negotiating Parties:
Agency: Dave Yrigoyen/Lauri Aylaian/
City of Palm Desert
Property Owner: Debra Jenkins
Under Negotiation: x Price x Terms of Payment
2) Property: APN 625-021-002
Negotiating Parties:
Agency: Dave Yrigoyen/Lauri Aylaian/
City of Palm Desert
Property Owner: Ruth C. Drews
Under Negotiation: x Price x Terms of Payment
3) Property: Known as Westfield Shoppingtown, Palm Desert
(72-940 Highway 111)
Negotiating Parties:
Agency: Dave Yrigoyen/City of Palm Desert
Property Owner: Westfield Corporation
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 Case No. INC 021720
b) City of Orange, et al. v. Alabama Treasury Advisory Program,
et al., Los Angeles Superior Court Case No. BC 106 461
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c) City of Palm Springs v. All Persons Interested, Riverside
County Superior Court Case No. INC 051124
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.
Public Employment pursuant to Government Code Section 54957:
Title of Position: City Attorney
2) Report and Action on Items from Closed Session at This Meeting.
By unanimous vote, the City Council adopted Resolution No. 01-102,
amending portions of Resolution No. 01-80, Salary Schedule,
Ranges, and Allocated Classifications, and creating two new
"floating" clerical positions.
C. CITY CLERK
1. Consideration of September 13, 2001, Regular City
Council/Redevelopment Agency Meetings (Continued from the
meeting of July 19, 2001).
With Council concurrence, the regular City Council and Redevelopment Agency
Meetings of September 13, 2001, were canceled, with the next regular meeting to be held
on September 27, 2001.
D. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Consideration of Annual Selection and Term of Mayor and
Mayor Pro-Tempore (Councilman Buford A. Crites).
Councilman Crites asked that staff look at revising the City's
ordinance dealing with annual selection and term of Mayor and
Mayor Pro-Tempore. He suggested that something be written that
indicates the changeover in offices on or about December 1 of
each year. That way the change would be the same whether it
was an election year or not. He said typically the Council makes
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2001
the changes the first meeting in November in non -election years
and then some time in December in election years due to the
County certification of election results.
Mayor Ferguson agreed that this would make sense to reorganize
the Council the same time each year.
With Council concurrence, the matter was referred to staff for appropriate
recommendation for Council action that would provide for City Council reorganization each
year on or about December 1.
2. Examination of Traffic Control During Street Construction Projects
in Palm Desert (Councilman Buford A. Crites).
Councilman Crites stated that he would like to know from staff
what the Council can do to make sure staff has all the support
wanted and needed for traffic flow during construction projects.
For example, he said he felt contractors need to have, especially
during morning and afternoon hours, people who are specifically
assigned to be doing traffic directing.
Mayor Pro-Tem Kelly agreed and said he felt any time a lane is
shut down (Le., from two lanes to one lane), there should be some
kind of live traffic control.
With Council concurrence, staff was requested to provide a report for the meeting
of September 27, 2001.
3. Consideration of City of Carmel Energy Savings Light Bulb
Program (Councilman Robert A. Spiegel).
Councilman Spiegel noted the copy of the ad from the City of
Carmel -by -the -Sea where residents were being given $60.00
worth of free energy -saving Tight bulbs. He said he was not
suggesting that Palm Desert copy this program, but he did think
it was a good idea to stimulate the sales of energy -efficient bulbs.
He also noted an editorial in The Desert Sun indicating that
$82.00 can be saved in three years in energy costs by using one
of the energy -efficient bulbs. He asked that staff be directed to
look at this using one of the local hardware stores to see if some
kind of a deal can be worked out. He also asked that the
information be brought back to the next Council meeting in order
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2001
to possibly offer the information to the residents in the October
newsletter.
With Council concurrence, staff was directed to investigate working with
Palm Desert retailers of energy -efficient Tight bulbs to develop a promotional program for
same, and return with information to the meeting of September 27, 2001, in order to
possibly offer the information to the residents in the October Bright Side.
NOTE: ITEM NOS. 4 AND 5 WERE LISTED ON AN AGENDA ADDENDUM POSTED
72 HOURS PRIOR TO THE MEETING.
4. Discussion Regarding Ocotillo Power Plant.
Councilman Crites presented a copy of a letter to the City of
Palm Springs written by John Pena, Chair of CVAG's Executive
Committee and himself, as Chair of CVAG's Energy &
Environment Committee, to request a delay of Palm Springs'
second reading of the land use zone change in order for CVAG to
have more time to review the documentation on the matter.
Mayor Pro-Tem Kelly expressed concern that this would delay the
fast -track for the building of the power plant. Councilman Crites
responded that the proposed zone change would make the land
available for all types of power generation rather than just wind as
it is now. He noted that even with the zone change delay, both
the AQMD and CEC could begin their comment period in
September as they were planning to do anyway, and they will
have more comments after the initial comment period in October
as well. He said until the land use issue is there, nothing
becomes final.
Councilman Spiegel stated that it was his understanding that
Palm Springs would gain approximately $1 million per year in
revenue if this power plant is put in and that it had to be decided
almost immediately. He said if this was not the case, he would
agree with Councilman Crites, but if it would affect the income for
the City of Palm Springs, he would want to revisit the matter.
Councilman Crites stated that was not the case.
Mayor Ferguson stated that the City of Palm Desert had been
asked by the City of Desert Hot Springs to get involved. He said
in talking with Mayor Pro-Tem Kelly and the City Manager, it was
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2001
decided that one city should not be snooping in the back yard of
another city but that if CVAG thought it was of significant regional
concern as a body, it should look into the matter. He added that
because CVAG was looking at the situation, he did not think
Palm Desert needed to do anything.
5. Consideration of Support for San Jacinto National Underground
Science Laboratory.
Councilman Crites stated that the Coachella Valley Economic
Partnership would like a letter of support for the study process to
go on. He said this was not a letter of support for the facility itself.
With Council concurrence, the Council authorized Mayor to write letter of support
for studying the matter (per the sample provided).
6. Request to Review Coachella Valley Recreation & Park District
Standard Forms (Councilman Buford A. Crites).
Councilman Crites asked that someone on staff be asked to look
into the Coachella Valley Recreation & Park District forms
required to be completed when signing up for various programs,
specifically the "Waiver of Privacy" form so that photographs
taken of participants could be used at any time by the District, etc.
He said he personally would be uncomfortable signing such a
form, and he asked that staff look at this.
With Council concurrence, staff was asked to look into the "Waiver of Privacy" form
that is utilized by CVR&PD for registration for various programs.
o City Council Committee Reports:
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).
No specific report — information provided during aforementioned
Ocotillo Power Plant item and the Out -of -State Travel Request to
visit power plant in Florida.
2. Mayor Pro-Tempore Kelly reported that SunLine Services Group,
of which Palm Desert was a part through a Joint Powers
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2001
Agreement, was looking at partnering in a generating plant,
location to be determined. SunLine was being considered
because it had means of financing that were less expensive. The
gas company that supplies SunLine presently would participate as
well. SunLine would benefit financially (possibly up to $2 million
per year); money could be used for public transit or other
beneficial activities. Formal proposal will be provided to all cities
at the appropriate time.
3. Mayor Pro-Tempore Kelly stated that last night he
attended/participated in a Smart Growth Roundtable, one of four
held in the State sponsored by the Governor. He received a copy
of the proposed ballot measure for protecting cities' revenue and
said he would provide copies to his colleagues and the City
Manager. He noted that sales tax was not mentioned in any way,
but he had been participating in the committee that wrote the
initiative, a committee comprised of city and county
representatives. He said so far, there was backing from school
districts and the Jarvis coalition.
4. Mayor Pro-Tempore Kelly stated today he met with a couple of
gentlemen regarding the Agua Caliente Band of Cahuilla Indians'
interest in passage of an initiative to provide funds for a train to
the Coachella Valley. The Agua Calientes were asking local
governments for their input and were hopeful that there would be
no protest of their helping to fund the initiative. He didn't believe
Palm Desert would oppose it; the proposal would place a station
adjacent to the casino, including a park and ride facility.
XIII. ORAL COMMUNICATIONS
None
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2001
XIV. ADJOURNMENT
Councilman Spiegel moved to adjourn the meeting to Closed Session at 7:07 p.m.
Motion was seconded by Crites and carried by unanimous vote.
Mayor Pro-Tempore Kelly reconvened the meeting at 8:20 p.m. and immediately
adjourned following City Attorney Erwin's announcement from Closed Session action:
On a unanimous vote of the City Council, Resolution No. 01-102 was
adopted, amending portions of Resolution No. 01-80, Salary Schedule,
Ranges, and Allocated Classifications, and creating two new "floating"
clerical positions.
ATTEST:
RA HELLE D. KLASSE , DEPUTY CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2001
EXHIBIT "A"
Ad Hoc Committee and
the Resident Council
The Fountains at The Carlotta 'c7_
41-505 Carlotta Dr. ,
Palm Desert, California 92211 (� /
August 23, 2001
3:'a Z
Honorable Mayor and Honorable 3 ,
Members of the City Council: `�
My name is Dr. Harold Schoenfeld. I reside at 41-505 ('
Carlotta Drive, Apt. 221 in The Fountains at The Carlotta.
K:12
As Chairman of The Fountains' Residents' Ad Hoc Committee,
I am conveying to you their unanimous request that the Council mod-
ify conditions 21 and 23 of the Planning Commission's action on
The Fountains' Application Case No. C/7 01-03 and PP 01-07.
May I digress to compliment you for providing a variety
of worth -while activities for the youth of Palm Desert -- the
beautiful night -lighted soccer fields, the Civic Park, the tennis
courts and especially the roller-skate center.
Palm Desert is amongst the leading cities of the State
in providing recreational facilities, character -building activities
and juvenile delinquency prevention.
Your excellent youth court program in cooperation with
the Probation Department has provided the City with 3000 community
service hours completed by 90 youths. Only eight failed to com-
plete their assignments and there was only one repeat offender.
Very few Palm Desert youths are found in the Indio Juvenile Hall
or at the Twin Pines Camp for older teenagers.
Now to the purpose and logic of our respectful request
for modifications.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2001
City Council
8/23/01 - P. 2
MODIFICATION OF CONDITION 21 - NORTH GATE
FOR EMERGENCY AND RESIDENTS ONLY
Reports show no accidents, no impacts and less than
significant impacts in the Transportation/Circulation section.
The criteria of volume of traffic/accidents/site vision proves
that there is very little volume of traffic and that no hazardous
or dangerous conditions exist in the proposed North Gate/Carlotta
Drive/Sandcastle intersection area.
Furthermore, our residents' survey, "Findings of the
Traffic Safety Questionnaire" dated August 13, 2001, prove that
our residents do not park in the Sandcastle cul-de-sac, do not
drive north along Carlotta Drive to the dead-end cul-de-sac (with
one Christmas lights exception); and that only 24 residents drive
North to Sandcastle, then East to Eldorado Drive a few times a
week.
Your Engineer reports a "NOT SIGNIFICANT" average of
42 vehicles per 8-hour period in his traffic count, with the
peak period having only 55 vehicles.
Our 141 residents in the present 111 living units drive
68 vehicles. At the most, the future 32 Casitas living units
will have 32 vehicles because of anticipated slightly younger
residents. At the most, there will be 100 vehicles using the
North Gate.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2001
City Council
8/23/01 - P. 3
The proposed North Gate will reduce the load at the Main
and South Gates, and prevent possible panic in an emergency.
Based on our traffic pattern, the reported insignif1Cant
traffic volume, no accidents, careless motorists' gate collisions,
malfunctions of gates (4 to 6 times per year) and the Fire Mar-
shal's need of another access gate, are imperative, logical and
rational reasons for a North Gate, not by-pass gates. Said gate
to be south of the Sandcastle cul-de-sac.
The two nearest Carlotta Drive homes to the proposed
North Gate are on the east side of the street, about 93' away.
The nearest west home is 243' north of the proposed gate, beyond
the Sandcastle cul-de-sac.
The employees and commercial vehicles use the South Gate.
Guests, neighbors, salesmen, job and resident applicants, medical
specialists, etc., use the Main Gate. We find that none of these
travel north.
The North Carlotta Drive children from 39 homes have
2/10 mile or approximately the length of 3 football fields for
play space in a dead-end street.
Our north neighbors' argument, "But there were only two
gates when we purchased our homes", is specious and unreasonable
when it comes to life, health and the protection of property.
Time is of the essence when it comes to heart attacks,
strokes, fire and other emergencies. The proposed gate is closest
to the present and future residents.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2001
City Council
8/23/01 - P.4
CONDITION 23 - UNLIMITED SPECIAL EVENTS
We are adding 174 spaces to our present 146 for a new
grand total of 320 parking spaces. We limit our invitations to
our auditorium capacity of 135.
Limiting our number of special events/activities is un-
reasonable, as we have paid for the therapeutic treatment offered
by said events and we have paid taxes for street parking and main-
tenance. To limit us without limiting our neighbors, who also have
their guests and their trucks park in the street is arbitrary and
capricious.
In summary, we sincerely compliment the Council on what
it has accomplished for its youthful citizens. We pray for equal
consideration at no expenditure of public funds:
We respectfully request that you modify Condition 21 with
affirmative votes that approves a north recessed gate for emergency
vehicles and residents; and
We respectfully request that you modify Condition 23
with affirmative vote that gives us the liberty to have unlimited
special events, now that there will be more parking spaces, and
that we limit our invitations.
For just as you have helped your youthful citizens in
their character -building formative years in the Spring of their
lives, your actions here today will enable your Fountains senior
citizens to enjoy their lives in their twilight years.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2001
Credentials
of
Dr. Harold Schoenfeld
EDUCATION:
University of California; B.A., M.A., Ed.D.
Stanford University; Post graduate
EXPERIENCE:
Playground Director, Berkeley Recreation Dept.
Swimming Pool Manager
7,
Summer Supervisor of Playgrounds
TEACHER: Elementary, Junior High, Evening Adult High
Berkeley Unified School District.
COLLEGE INSTRUCTOR - San Francisco State University
GUEST COLLEGE LECTURER - U.C., School of Public Health
Mills College, Oakland
ALAMEDA COUNTY SCHOOL DEPT. - Supervisor of H., PE, & R.
Adjunct Professor of Education - Chapman University
SUPT. OF SCHOOLS - Desert Sands U.S.D., Palm Springs U.S.D,
New Haven U.S.D. in Union City and Dec;oto Elem. S.D.
in Southern Alameda County
HONORS:
President - California Association for Health, Physical
Education and Recreation
Vice President - American Association for Health Physical
Education
Commissioner - Riverside County Juvenile Justice and
Delinquency Prevention Commission
43