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HomeMy WebLinkAbout2001-03-08MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 8, 2001 CIVIC CENTER COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Ferguson convened the meeting at 4:01 p.m. H. PLEDGE OF ALLEGIANCE - Mayor Jim Ferguson M. INVOCATION - Mayor Pro-Tempore Richard S. Kelly IV. ROLL CALL Present: Councilmember Jean M. Benson Councilman Buford A. Crites arrived at 4:05 p.m. 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 Phil Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Rachelle D. Klassen, Deputy City Clerk V. ORAL COMMUNICATIONS - A MS. LAUREN CARIAN, on behalf of the YMCA's Youth in Government Day, expressed appreciation for the City's support of youth and the financial assistance provided for the Youth in Government program. She then thanked Mayor Pro-Tempore Kelly for joining 40 Palm Desert High School delegates in Sacramento for this year's event by presenting him with a special framed photograph of the participants. Mayor Ferguson commented that the current Senate Republican Leader, Jim Brulte of Rancho Cucamonga, was a graduate of the Youth in Government Program. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Pro-Tempore Kelly expressed appreciation to Ted Rutherford for the time and effort he put into the Youth in Government Program for the past several years. With City Council concurrence, Mayor Ferguson suspended the Agenda at this point in order to consider Section XIV - Awards, Presentations, and Appointments. Please see that portion of the Minutes for discussion and action. MR. ROB BALLEW, Executive Director of the Family YMCA of the Desert, expressed appreciation to the City and Mayor Pro-Tempore Kelly for participating in the Youth in Government Day Program. He also thanked Councilman Spiegel, Councilmember Benson, and Housing Manager Terre LaRocca for their help with the YMCA Campaign that was currently midway. He said they were trying to raise $180,000 for programs in this area, noting there were 700 children in the child care programs and preschool, approximately 300 of them from Palm Desert. Additionally, he said his organization was very appreciative to be the recipients of a number of desks and file cabinets that were donated to the YMCA during the City's recent remodeling projects. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of February 22, 2001. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 73, 74, and 74PD Office Complex. Rec: Approve as presented. C. CITY'S PORTFOLIO MASTER SUMMARY for the Month Ending January 31, 2001. Rec: Receive and file. D. MINUTES of City Committee and Commission Meetings. 1. Art In Public Places Commission Meeting of January 17, 2001. 2. Civic Arts Committee Meeting of January 8, 2001. 3. Housing Commission Meeting ofJanuary 10, 2001. 4. Investment & Finance Committee Meeting of January 17, 2001. 5. Library Promotion Committee Meeting of December 13, 2000. 6. Promotion Committee Meetings of January 16, and January 29, 2001. 7. Public Safety Commission Meeting ofJanuary 17, 2001. 8. Technology Committee Meetings of June 6, 2000, and January 2, 2001. Rec: Receive and file. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for the 2001 Resurfacing/Overlay Program (Contract No. C18530, Project No. 752-01). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. F. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for the 2001 Slurry Seal Program (Contract No. C18540, Project No. 751-01). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. G. REOUEST FOR ACCEPTANCE OF WORK for Contract No. C16360 — Street, Signal, Landscape, and Drainage Improvements at Cook Street and Green Way/42nd Avenue (Project No. 641-98) (Granite Construction Company, Indio, 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. REQUEST FOR APPROVAL of Transportation Congestion Relief Fund. Rec: Waive further reading and adopt Resolution No. 01-29, certifying that the City of Palm Desert will sustain its level of expenditures for transportation purposes. I. REOUEST FOR APPROVAL ofParticipation in the Children' s Discovery Museum ofthe Desert's "Pitch In For The Kids" Event. Rec: By Minute Motion: 1) Authorize the contribution of $1,000 for Palm Desert's share of the Cove Communities Services Commission sponsorship ofthe subject event to be held at Desert Willow; 2) appropriate said amount from the Unobligated General Fund to Account No. 110-4800-454-3880. J. REOUEST FOR APPROVAL of Site Design Concept for Mother/Child Sculpture. Rec: By Minute Motion, approve the subject design concept, as presented in the accompanying staff report. K. REOUEST FOR APPROVAL of Design and Authorization to Ca11 for Bids for Peace Memorial Site Renovation. 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. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * L. REOUEST FOR APPROVAL ofthe Extension ofthe Contract for Artwork Maintenance Services (Contract No. C17411). Rec: By Minute Motion: 1) Approve the subject 12-month contract extension with Expert Metal Refinishing, Palm Desert, California, in the amount of $2,053.12 per month; 2) authorize the Mayor to execute same. M. REOUEST FOR APPROVAL of Legends Field Artwork. Rec: By Minute Motion: 1) Approve a commission with Artefact Design, Cardiff -By -The -Sea, California, in the amount of $11,500 to design, fabricate, and coordinate two commemorative panel illustrations depicting "Women in Baseball" for Legends Field (Contract No. C 18560); 2) appropriate Art In Public Places (AIPP) funds in the amount of $11,500 for said panels; 3) disburse said amount from Account No. 436-4650-454-4001. N. REOUEST FOR WAIVER OF FEES Associated with the California Youth Spirit Corps' "CYSA All -Star Jubilee." Rec: By Minute Motion, waive fees associated with the subject event scheduled to be held on Sunday, April 1, 2001, at the Palm Desert Civic Center Park Amphitheater. O. REOUEST FOR WAIVER OF FEES Associated with the Second Annual Palm Desert Rotary/Foundation for the Retarded "Bar-B-Que In the Park." Rec: By Minute Motion, waive fees associated with the subject event scheduled to be held on Saturday, April 7, 2001, at the Palm Desert Civic Center Park. P. REOUEST FOR APPROVAL of Beer Concession for Palm Desert Rotary/Foundation for the Retarded "Bar-B-Que In the Park." Q. Rec: By Minute Motion, permit the sale, possession, and consumption of alcoholic beverages on City -owned property in connection with a special event, the Palm Desert Rotary/Foundation for the Retarded "Bar-B-Que In the Park," scheduled to be held Saturday, April 7, 2001, in the Palm Desert Civic Center Park. REQUEST FOR APPROVAL of an Amendment to Contract No. C17910 — Human Resources Consulting Services. Rec: By Minute Motion, approve the subject amendment to the contract with Resource Management Alliance, San Diego, California, as follows: 1) Authorize payment of an additional $5,482.09 for services rendered beyond those originally approved ($36,000); 2) appropriate an additional $6,400 for final review of the new Employee Handbook to ensure compliance with new legislation effective January 1, 2001. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * R. REOUEST FOR APPROVAL of Out -of -State Travel — Sister Cities International Annual Conference. Rec: By Minute Motion, authorize the expenditure of funds in an amount not to exceed $4, 500 for out-of-state travel for the Visitor Information Center Manager and two Sister Cities Subcommittee representatives to attend the Sister Cities International Annual Conference, July 25-28, 2001, in Atlanta, Georgia. Mayor Ferguson requested that Item K be removed for separate discussion under Section VII, Consent Items Held Over. Upon motion by Spiegel, second by Kelly, the remainder of the Consent Calendar was approved by unanimous vote. VII. CONSENT ITEMS HELD OVER K. REOUEST FOR APPROVAL of Design and Authorization to Call for Bids for Peace Memorial Site Renovation. Mayor Ferguson stated that he had recently attended a veterans breakfast in Sacramento and heard a moving speech from a gentleman who had served in Okinawa during World War II. He said this gentleman commented that while peace was a good thing, he did not necessarily fight for peace; he fought for freedom and felt peace memorials should instead be designated as freedom memorials because that was what all of the wars on American soil and for American lives had been about. Mayor Ferguson asked that staff meet with some of the veterans representatives as part of the Peace Memorial site renovation and ask if they would offer their comments relative to changing the name to the "Freedom Memorial." Mayor Ferguson moved to, by Minute Motion: 1) Approve site design, as presented in the accompanying staff report; 2) authorize the City Clerk to advertise and call for bids for renovation of the Peace Memorial (Contract No. C18550), with direction to staff to work with area Veterans' groups to consider changing the name to the "Freedom Memorial." Motion was seconded by Kelly and carried by unanimous vote. With City Council concurrence, Mayor Ferguson suspended the Agenda at this point in order to consider Section XV - Public Hearings, Item B. Please see that portion of the Minutes for discussion and action. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VIII. RESOLUTIONS A. RESOLUTION NO. 01-30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 2000/01 BUDGET AS A RESULT OF MID -YEAR ADJUSTMENTS (DESERT WILLOW). Councilman Spiegel moved to waive further reading and adopt Resolution No. 01-30. Motion was seconded by Kelly and carried by unanimous vote. B. RESOLUTION NO. 01-31 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 2000/01 BUDGET TO PROVIDE ADDITIONAL APPROPRIATIONS FROM THE DINAH SHORE MEDIANS, OASIS-WASHINGTON, SPORTS PARK COMPLEX, MUSEUM, CORPORATION YARD, YMCA, STREETS, ORDINANCE 416, COOK/I-10, AND MONTEREY/I-10 FUNDS. Councilman Spiegel moved to waive further reading and adopt Resolution No. 01-31. Motion was seconded by Benson and carried by unanimous vote. IX. ORDINANCES For Introduction: A. 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. Mr. Folkers reviewed the staff report, noting that this would present an allowance compatible with the restrictions that need to be put on water and was something Mayor Pro-Tem Kelly and Councilman Crites had been involved with as far as the Landscape Committee. He said this reduction was something that staff would continue to monitor to see if it is appropriate. Councilman Spiegel asked how this would affect residents of the City of Palm Desert. Mayor Pro-Tem Kelly stated that it would not affect single residences. Councilman Spiegel moved to waive further reading and pass Ordinance No. 982 to second reading. Motion was seconded by Kelly and carried by unanimous vote. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * For Adoption: A. 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. Mr. Ortega stated that an issue needed to be clarified before Council votes on this matter. He said Councilman Crites had asked if citations would be issued if recreational vehicles are parked in residential areas, and the answer was that citations would be issued. Councilman Crites said the way he read this, permits were required for any recreational vehicles to be on private property. He said he did not feel this was enforceable, especially since the City is not always open at the times people might want to obtain these permits. He said he felt this was poor public policy. Mayor Ferguson asked if the City's ordinance actually does what Councilman Crites articulated, requiring individuals to obtain permits before temporarily parking their recreational vehicles on private property. Code Compliance Office Pedro Rodriguez stated that the current ordinance prohibits parking of recreational vehicles in public view, including on driveways, unless stored in a side or rear yard and screened by a fence. He said staffs recommendation was to amend that ordinance to allow the parking of recreational vehicles on private property, including driveways, with a permit. Mayor Ferguson suggested that this matter be continued. Mayor Pro-Tem Kelly said he had recently had a visit from a gentleman who complied with the City's ordinance by renting a space to store his recreational vehicle. He said this gentleman was very upset because he needed to obtain a permit in order to have his recreational vehicle on his own property for the several days it would take him to get it ready for a trip, and he felt he should be able to park it in his driveway while he gets it loaded and ready. Mayor Pro-Tem Kelly said he agreed with this citizen. Mayor Ferguson noted that State law allows the parking of recreational vehicles on public streets for 72 hours. He said the City's prohibiting these vehicles on private property seemed to be encouraging citizens to park their recreational vehicles on public streets for 72 hours instead. Councilman Spiegel moved to continue this matter to a time uncertain, with citations to be held in abeyance in the interim. Motion was seconded by Mayor Pro-Tem Kelly and carried by unanimous vote. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * X. NEW BUSINESS A. REOUEST FOR APPROVAL OF AGREEMENT BETWEEN THE COUNTY OF RIVERSIDE AND THE CITIES OF LA QUINTA AND PALM DESERT FOR WASHINGTON STREET LANDSCAPE MAINTENANCE (CONTRACT NO. C18570). Councilman Crites moved to, by Minute Motion, approve the subject agreement and authorize the Mayor to execute same. Motion was seconded by Spiegel and carried by unanimous vote. B. REOUEST FOR AUTHORIZATION TO ORGANIZE ART EXHIBITIONS AT DESERT WILLOW CLUBHOUSE. Mrs. Gilligan asked that this matter be continued until such time as it has been considered by the Golf Course Committee. Mayor Pro-Tem Kelly moved to continue this until such time as the matter has been considered by the Golf Course Committee. Motion was seconded by Crites and carried by unanimous vote. C. REOUEST FOR APPROVAL OF THE APPLICATION FOR HOUSEHOLD HAZARDOUS WASTE AND USED OIL COLLECTION GRANT. Mr. Ortega the staff report in the packets. Councilman Spiegel moved to: 1) Waive further reading and adopt Resolution No. 01-32, authorizing the Used Oil Collection and Household Hazardous Waste Grant Application to the California Integrated Waste Management Board; 2) by Minute Motion, authorize Waste Management of the Desert, Palm Desert, California, to submit said application for the Local Government Household Hazardous Waste Grant on behalf of the City. Motion was seconded by Crites and carried by a 4-0-1 vote, with Mayor Ferguson ABSTAINING. D. CONSIDERATION OF ASSIGNMENT AND ASSUMPTION BY P.R. XIV, LLC, OF THE DEVELOPMENT OBLIGATIONS UNDER THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT AND COOK HOVLEY ASSOCIATES. Mr. Erwin noted the staff report in the packets and offered to answer any questions. He said this would clarify the current responsible party under the development agreement in the development of this particular parcel. Councilman Spiegel moved to, by Minute Motion, approve the subject Assignment and Assumption of the agreement dated July 10, 1989. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman Crites ABSENT. XI. CONTINUED BUSINESS None 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XH. OLD BUSINESS None XHI. COMPLETION OF HELD OVER ITEMS None XIV. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO THE CITY COUNCIL BY THE COACHELLA VALLEY RECREATION & PARK DISTRICT, RECOGNIZING THE CITY OF PALM DESERT FOR ITS CONTRIBUTION TO THE SUCCESS OF THE FIRST ANNUAL PALM DESERT SENIOR GAMES. MESSRS. DON MARTIN, Executive Director, and KEVIN KALMAN, Facilities Supervisor, on behalf of the Coachella Valley Recreation & Park District, made a presentation to the City Council in appreciation of the City's assistance in organizing and conducting the very successful First Annual Palm Desert Senior Games held in February 2001. B. PRESENTATION TO THE YEAR 2000 VETERANS' DAY CELEBRATION ORGANIZERS. On behalf of the City Council, Mayor Ferguson presented engraved crystal pieces to American Legion Post 739 and Jack LaRouche, East County Representative for the Riverside County Department of Veterans, in sincere appreciation for their contributions to the 2000 Veterans' Day Celebration in Palm Desert. Mayor Ferguson noted that the third recipient, Eric Baltzer, shared his classic car collection for the event but was unable to attend today's presentation. He then made a presentation to Mayor Pro-Tempore Kelly and Assistant City Manager Dick Folkers in appreciation for their organizing the event and their efforts that made the Celebration a most memorable occasion. XV. PUBLIC HEARINGS A. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO THE ZONING ORDINANCE, CHAPTER 25.58, ET AL., OF THE PALM DESERT MUNICIPAL CODE RELATIVE TO OFF-STREET PARKING AND LOADING/LANDSCAPING OF PARKING LOTS (Continued from the meetings of January 11, and February 8, 2001). Mr. Drell reviewed the staff report, noting there was a concern raised at the last meeting relative to the proposed width of the parking spaces and the one-way aisle width for low -angle spaces. He said staff believed the current nine -foot width was sufficient and recommended that it be maintained. He noted that the width of the one-way aisles had been increased by one to two feet 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon question by Councilman Spiegel, Mr. Drell responded that the hairpin striping would be required to encourage better centering. For those parking lots currently without the hairpin striping, when they re -stripe, they will be required to have the hairpin striping. He said if Council wishes, it could be clarified that this hairpin requirement only applies to parking lots constructed after the date the ordinance is adopted. Mayor Ferguson stated that the City already has a well -established grandfathering provision that provides that on change of ownership or sale or more than 50% improvement to the property, they would be required to re -stripe; until then, those parking lots could be left the way they are now. Mayor Ferguson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered, and he declared the public hearing closed. Councilman Spiegel moved to approve the staffrecommendation to "waive further reading and: 1) Adopt Resolution No. 01- 5, rescinding the design standards for Off -Street Parking facilities adopted under Planning Commission Resolution No. 725 and adopting revised, amended standards therefore (as discussed in the accompanying staff report); 2) adopt Resolution No. 01-6, establishing design criteria and specifications for parking lot trees; 3) pass Ordinance No. 977 to second reading, amending Chapter 25.58 of the Zoning Ordinance relative to Off -Street Parking," amended to include a provision for "grandfathering." Motion was seconded by Crites and carried by unanimous vote. B. CONSIDERATION OF THE MAGNESIA FALLS DRIVE IMPROVEMENT PROJECT AND ENVIRONMENTAL IMPACT REPORT. Mr. Folkers reviewed the staffreport, noting that John Criste of Terra Nova was present to present the findings of the Final Environmental Impact report (FEIR). He added that an affirmative vote on the EIR certification would allow engineering design and eventual construction to proceed, while a negative vote would end all project processing at this time. He noted that the project included the extension of Magnesia Falls Drive from the San Pascual Channel to Portola Avenue, including a bridge over the San Pascual Channel. MR. JOHN CRISTE, Terra Nova Planning and Research, 400 S. Farrell, Palm Springs, made a presentation regarding the Environmental Impact Report. He noted that the report included independent traffic and noise studies as well as air quality analysis and compatibility with land uses. He added that it was believed that both construction and completion of this road would not have any adverse impacts. He said there were findings in both the staff report and the resolution, and he offered to answer any questions. Councilman Spiegel asked if the residents of Monterey Country Club and the mobilehome parks had received a copy of the Environmental Impact Report. MR. CRISTE responded that they had. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Spiegel stated that he did not see any written comments from the Desert Sands Unified School District, which would also be impacted by this project. MR. CRISTE said that the District had received all of the notices and environmental documents relative to this project, although it did not receive a copy of the Final EIR because it had not commented on the draft EIR. With regard to impacts to the District, he believed findings could be made that the schools are not adversely affected by the noise. Councilman Spiegel asked about traffic impacts with a middle school and grade school right at Magnesia Falls and Portola. MR. CRISTE responded that the volumes oftraffic on Portola were already substantial and would be substantial in the long run as well. Mayor Ferguson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. The following individuals were opposed to this project because of noise and vibration, traffic, pollution, incompatibility with surrounding projects, impacts on property values, expenditure of money for the project, and concern for the safety of the children traveling to and from the schools: MS. JESSIE M. HOWARD, 140 Castellana South, Palm Desert. MR. ROBERT C. MARINARO, 142 Castellana South, asked that this matter be tabled until such time as the Desert Sands Unified School District has a chance to comment on the project. He also noted that many years ago, a promise was made to residents in Monterey Country Club that if the residents did not cause problems as far as opposing the Civic Center Park, Magnesia Falls Drive would never be extended to Portola Avenue. Councilman Crites noted that he and Councilman Spiegel had met several weeks ago with members of the School Board, the District Superintendent, and Assistant Superintendent, and specifically noted that this project was going before the City Council and that the District should offer its comments about the project. Mayor Ferguson added that he had received a three -page letter the previous day from the District regarding congestion on Portola Avenue, but there was no comment about this project or EIR. MR. JOHN PFElr'rER, 144 Castellana South, read a prepared letter (attached hereto and made a part hereof as Exhibit "A"). MR. WES YOUNG, 156 Castellana South. MRS. IVA GRAVES, 166 Castellana South. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MS. KATHLEEN SALMON, 190 Castellana South. MRS. EVELYN O'BRYAN, 260 Castellana South. MR. SEBASTIAN MASTRO, 266 Castellana South. MR. MAURICE J. COPELAND, 284 Castellana South. MR. WILLIAM ENOS, 43-081 Silk Tree Lane, Palm Desert, said he was opposed for three main reasons, including traffic generated, noise and vibrations, and he did not believe it was needed. With regard to the Desert Sands Unified School District, he said he felt there was no comment because the District perceived this as a City -sponsored project, and the City had been very good to the District. He was also concerned with the current traffic and the fact that residents have consistently long waits trying to make left turns out of their neighborhood, and they sometimes end up having to make unsafe maneuvers to leave that intersection. He felt the additional traffic would cause more problems. He noted one of the items raised in the traffic study was that today, with the existing traffic conditions, both at Buttonwood and Rutledge, a traffic signal was warranted. He said while the residents did not want traffic signals, they would like to have a stop sign to deal with the speeding traffic and unsafe conditions. He questioned the assertion in the report that the Magnesia Falls street extension was needed as an essential emergency access for the area; he noted that there were no openings into Monterey Country Club from Magnesia Falls, the City Park takes access off of Fred Waring Drive and San Pablo, as does City Hall, College of the Desert has an internal loop system and accesses from Monterey Avenue and Fred Waring Drive. He said only the small trailer park had access from Magnesia Falls, although it was very close to Portola Avenue. He said this did not work to say it was essential for emergency vehicles based on the location of the facilities and accesses to uses. He expressed concern with the closeness of the traffic to the residences. He noted that part of Magnesia Falls Drive had been widened a few years ago to 40 feet from curb face to curb face. Further toward Rutledge and Portola, the street was 70 feet wide from curb face to curb face, and it was 64 feet wide at Deep Canyon. These differences in widths caused problems with traffic being right against the wall, and his residence ended up being 45 feet from center line. The noise studies were all done at 100 feet from center line, and the impact on him and his neighbors was great. In addition, the road at that location was badly fractured and cracked, and vehicles made a slapping noise as they traveled over that area, causing sound to be accentuated. He said he had obtained a sound meter and had gone out to check the sound measurements at various locations as noted in the EIR. He said the RKJK sound study indicated a decibel level of 61.7 outside at his location; however, he took the sound meter and measured it during peak hour and got 70 to 82 decibels. He added that he had the equipment calibrated to the right scale. He asked that the Council preserve the quality of life he and his family had enjoyed for the last 12 years by: 1) Denying the extension of Magnesia Falls Drive; 2) during the updating of the General Plan, remove the extension of Magnesia Falls Drive from the City's circulation plan; 3) directing staffto schedule the crack repair and overlay of the poorly maintained section of Magnesia Falls Drive behind his house; 4) constructing stop signs at Rutledge and Buttonwood, which are currently warranted, so that residents can get out of the neighborhood safely. He added that if the City does decide to go forward with this project, he would request that 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * the Council consider constructing the additional 24 feet of paving that is lacking on the roadway to get the vehicles further away from the homes. This would also allow for separation of the lanes and provision of bike paths on either side. He also asked that the Council enforce the "No Trucks" signs that are currently in place and perhaps consider adding the "over 6,000 pounds" wording to them. MRS. KAREN ENOS, 43-081 Silk Tree Lane. MS. ALANA TOWNSEND, 43-082 Silk Tree Lane. MS. SUSAN MARIE WEBER, 43-041 Buttonwood Drive. MR. RON AGGSON, 317 Durango, stated that when Assistant City Manager Richard Folkers met with the Homeowners Association meeting at Monterey Country Club, he reviewed the project and assured the residents that there would not be a traffic signal or left turn permitted from Magnesia Falls Drive onto Monterey Avenue. MR. MILT HELMS, 333 San Remo, President of the Monterey Homeowners Association, read a prepared statement (attached hereto and made a part hereof as Exhibit "B"). MS. MIR SCHLOSSBERG, 205 Gran Via, expressed concern with not permitting left turns onto Monterey Avenue and said she felt this would cause problems with people who wish to turn left on Monterey having to turn right instead and then travel to Gran Via, where they will probably want to make u-turns. MS. ELOISE DUNPHY, 248 Castellana South. MR. DANIEL BARNES, 41-613 Aventine Court, Palm Desert, spoke in favor of the project and said he felt this would help alleviate traffic on Portola Avenue and Fred Waring Drive. With no further testimony offered, Mayor Ferguson declared the public hearing closed. Mr. Folkers stated that staff was not recommending a traffic signal at Monterey Avenue and Magnesia Falls Drive; however, a median design was recommended such that south -bound traffic on Monterey could continue to use the left turn pocket to go east on Magnesia Falls. The modification would preclude west -bound Magnesia Falls traffic from coming to Monterey Avenue and making a left turn to travel south, although traffic would still be able to turn right onto Monterey Avenue to travel north. In addition, north -bound right turns onto Magnesia Falls would still be allowed. With regard to street repairs on Magnesia Falls Drive, he said even if the project does not go through, overlay would still be done in the next year using rubberized asphalt. Councilman Crites questioned where vehicles would be able to turn to travel south on Monterey Avenue after having to turn right onto Monterey from Magnesia Falls. Mr. Folkers responded that 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * traffic would have to travel to just north of the West Hovley Lane traffic signal in order to make a u-turn to travel north on Monterey Avenue. Upon question by Councilman Crites and Mayor Ferguson relative to u-turns at Gran Via, Engineering Manager Mark Greenwood responded that u-turns were currently allowed at Gran Via, although that could be prohibited if it was the desire of the Council. He added that there was a similar situation at Clancy Lane. Councilman Crites stated that the Council potentially would want to prohibit u-turns at Gran Via, Clancy Lane, and West Hovley. Councilmember Benson said she was positive the Council did not say Magnesia Falls Drive would never be opened; however, it was said that Magnesia Falls would not be opened unless it was with the concurrence of Monterey Country Club. She said she did not see a need to open that street at this time. Councilman Spiegel said he felt it was very important to help people get through the City of Palm Desert. He said he was upset that no definitive answer had been received from the Desert Sands Unified School District regarding this project, and he felt it was important to get input not only from the Board of Education but also the Superintendent and Assistant Superintendent of Schools to find out what kind of impact this would have on the schools. He said at this point in time, he could not vote either in favor of or against this project. Councilman Crites expressed concern with the increase in traffic at the wash that would be caused by this project. He said he could not conceive that this would in any way be a positive thing for the schools in this area, and he felt the speeds would increase. In the long run, he felt it would increase the traffic, and the streets would end up at the same service level as they are currently. With regard to prohibiting left turns from Magnesia Falls Drive onto Monterey Avenue and not having a traffic signal at that intersection, he expressed concern that some time in the future, there would be a signal approved at that location when the current Councilmembers are no longer around. He said he did not feel having four signals in such close proximity to one another was good traffic planning. He added that he did not feel this project was a good solution to the traffic problems, and he would vote against it. Mayor Pro-Tem Kelly said that from a traffic standpoint, this would move the traffic better. He said the basic reason for designing the intersection of Monterey and Magnesia Falls without a left turn would be to keep the wrong people from cutting through, and the traffic to use Magnesia Falls if the bridge were put through would basically be traffic going to or coming from that area rather than those using the road as a shortcut. He said it had been his hope to put Magnesia Falls through without causing an impact to the residents of Monterey Country Club and the other neighborhoods in that area. He said he would like to see staff put something together that was real innovative and could do what needs to be done to make it better and still protect the residents. Mayor Ferguson said the biggest single issue that comes before the City Council on a repeating basis is traffic, including speed, volume, and flow. He said when the City's General Plan was drafted approximately 15 years ago, it took into account that at some point Magnesia Falls would 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * have to be extended. He said although it did not sound good to go from 3,500 to 7,000 vehicles, an A -rated street can accommodate up to 10,000 vehicles per day. He felt there were things the City can and should do to strike a better balance between all or nothing, all being just plowing through Magnesia Falls without regard to the property owners, and nothing being leaving Magnesia Falls the way it is with only 3,000 vehicles per day. He noted several measures identified by some of the speakers that could be done, such as sound attenuating walls. He added that he was not willing to vote no on this project, which would basically ignore 16 years of the City's General Plan without any attempt to work through these problems. With regard to the Desert Sands Unified School District, he said he was not willing to let that entity decide how traffic is going to be handled in Palm Desert. He said he would vote in favor of accepting the Environmental Impact Report, but he was not voting yes to say the City is going to disregard the residents' peace, quiet, and enjoyment of their property. Councilman Spiegel stated there are over 700 children who live in Palm Desert and attend the middle school and grade school, and he felt it was important to get input as to how safe they are going to be. He expressed concern with the way the students currently have to be dropped off and picked up at the schools and said he could not vote in favor at this time. Councilman Crites moved to NOT adopt Resolution No. 01-33. certifying the Final Environmental Impact Report (FEIR) for the Magnesia Falls Drive Improvement Project. Motion was seconded by Benson and failed with a 2-2-1 vote, with Councilman Crites and Councilmember Benson voting YES, Mayor Pro-Tem Kelly and Mayor Ferguson voting NO, and Councilman Spiegel ABSTAINING. Mayor Pro-Tem Kelly noted that while he was comfortable voting in favor of the Environmental Impact Report, he was not necessarily in favor of opening Magnesia Falls Drive. Councilman Spiegel moved to continue this matter to the meeting of April 12, 2001, in order to receive input from Desert Sands Unified School District and to address mitigation for concerns expressed: 1) Sound attenuation for adjacent residents; 2) widening of certain segments ofthe roadway; 3) modifications to provide better flow for area residents and to reduce occurrence of cut -through and commercial traffic. Motion was seconded by Kelly and carried by unanimous vote. With Council concurrence, Mayor Ferguson recessed the meeting at 5:45 p.m. He reconvened the meeting at 5:50 p.m. XVI. REPORTS AND REMARKS A. INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies Mayor Ferguson noted the report in the packets. He said he had asked the City Manager to, in the future, place such informational reports on the Consent Calendar. He also asked that staff add a report on energy issues from Councilman Crites. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CITY MANAGER None C. CITY ATTORNEY Mr. Erwin requested a Closed Session at an appropriate time to consider the following: 1) Reauest for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APN 622-200-060 73-760 Fred Waring Drive Negotiating Parties: Agency: Dave Yrigoyen/Lauri Aylaian/City of Palm Desert Property Owner: Joseph William Tatchell Under Negotiation: x Price x Terms of Payment 2) Property: APN 622-200-015/016 73-810 and 73-816 Fred Waring Drive Negotiating Parties: Agency: Dave Yrigoyen/Lauri Aylaian/City of Palm Desert Property Owner: Michael O. Hendricks Under Negotiation: x Price x Terms of Payment 3) Property: APN 622-200-012 73-840 Fred Waring Drive Negotiating Parties: Agency: Dave Yrigoyen/Lauri Aylaian/City of Palm Desert Property Owner: Russell J. Prechtl Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Erwin asked that the Council add the following item to the Closed Session Agenda plus one additional item under Section 54956.9(b), for a total of three: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 4) Property: Potential Lease Site - 74-735 Hovley Lane East, Palm Desert, CA Negotiating Parties: Agency: Phil Drell/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Sprint PCS Under Negotiation: x Price x Terms of Payment Councilman Spiegel moved to add these items to the Closed Session Agenda. Motion was seconded by Crites and carried by unanimous vote. 2) Report and Action on Items from Closed Session Made at This Meeting. None D. CITY CLERK None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: 1. Councilman Spiegel asked staff to research the Governor's budget for the $10 million component for UCR; in his review, he hadn't seen it and was very concerned. 2. Councilman Spiegel asked to add an item to this Agenda for consideration of $5,000 funding assistance for the vocal ensemble College of the Desert's Dr. John Norman was going to be taking on a European Tour, his final one. In response to question, he said the item had been to the Outside Agency Funding Committee. Councilman Spiegel moved to add this item to the Agenda. Motion was seconded by Councilman Crites and carried by unanimous vote. Councilman Spiegel moved to, by Minute Motion, approve $5,000 funding assistance for College of the Desert's Vocal Ensemble touring Europe. Motion was seconded by Councilmember Benson and carried unanimously. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 3. Mayor Ferguson asked that the next meeting's agenda include a report on the status of the Beginners' Skate Park project. Mr. Drell commented that the bids were to be opened at the end of March; award of contract was scheduled for the first meeting in April. 4. Mayor Ferguson remarked that there was an extensive report on the California Energy Crisis at CVAG's Executive Committee Meeting. He asked if there could be updates on the Energy & Environment Committee's progress and a plan for educating Palm Desert residents on what to do this summer when there will likely be rolling outages. Councilman Crites said the issue was reviewed today at the Committee's meeting, and it was stressed that each Valley city, as well as the County, should prepare a list of sites where residents can congregate during summer power blackouts. He anticipated notifying residents through the City's newsletter. Further, he thought it would be wise to check that Edison and the City had a list of those persons who were dependent upon electricity for medical reasons (e.g. respirators) to make sure they were aware of places they could go (i.e. facilities in Palm Desert with back-up emergency generator power, City Hall being one). Additionally, he said there would be issues to address conservation, and the Committee was putting together a series of public workshops this spring; things such as energy -efficient light bulbs that could greatly reduce the pull on the power grid. He said many of these issues were dependent upon the State's future actions; there were 100+ bills currently in the legislature, and he cited one that would provide rate incentives/rebates for residents who use less power this summer than they did last. He said the Valley was reluctant to commit to anything at this time until it was known what the State was willing to cooperate on; however, they were working with all dispatch to do whatever they could for Valley residents. Mayor Ferguson asked that future City newsletters include a way for medically homebound residents to preregister for getting to sites with power. Councilman Crites responded that he thought Edison already had such a mechanism in place. He said one of the results of the recent meeting at Imperial Irrigation District he had attended with Supervisor Wilson, Corky Larson, and Kay Hazen was that this summer has the potential for major, catastrophic blackouts for everybody in the State, and he felt the current level of alarmism was appropriate. Mayor Ferguson asked for his colleagues' concurrence in order to address the manner in which Closed Session actions were announced. Council concurred that this matter could be discussed during Closed Session at this meeting. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * o City Council Committee Reports: 1. Mayor Pro-Tempore Kelly reported that at its first meeting, he had been appointed Chairman of a Committee that was rewriting the League of California Cities' policy on Sales Tax. 2. Mayor Pro-Tempore Kelly said at the CVAG Transportation Committee Meeting this week, it was learned that the grant application submitted for the UCR streets and roads project was denied. However, he reported that Palm Desert had proposed moving that project up in priority in order to utilize Measure "A" funds, and he thought the City Managers would be discussing it at their meeting tomorrow morning. 3. Councilman Crites reported that CVAG's Energy & Environment Committee was moving forward with energy issues. He noted next week he would be in Sacramento on Tuesday to meet with the California Energy Commission, would then meet with the Mayor of Davis on some projects, and at the end of the week, he and Supervisor Wilson would be in San Diego to see a couple of new housing projects there with remarkable energy efficient features. He noted that CVAG would be contacting the Mayor for an appointment, possibly the Director of Building & Safety, to a committee that would review a Valley -wide change in building codes in order to address energy issues. XVII. ADJOURNMENT Upon motion by Councilman Spiegel, second by Councilman Crites, and unanimous vote of the City Council, Mayor Ferguson adjourned the meeting to Closed Session at 7:02 p.m. He reconvened the meeting at 7:45 p.m. and immediately adjourned with no action announced from Closed Session. / SHEILA R. GILLKIAN I Y CLERK CITY OF PALM DESE' `, CALIFORNIA , MAYOR 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT "A" John H. Pfeiffer 144 Castellana South Palm Desert, CA. 92260-2115 (760) 773-2338 March 8, 2001 My wife and I live at Monterey Country Club behind a non -sound -attenuating block wall approximately 75 feet north of Magnesia Falls Drive and approximately 500 feet east of Monterey Avenue. Our bedroom windows face a courtyard that is directed in the direction of Magnesia Falls. We hear and feel every vehicle that passes. At the outset I wish to compliment Messrs. Dick Folkers, Mike Errante and the Palm Desert Public Works Department for the Professional, Scientific and Business -like manner in which they conducted the hearings, studies and reports surrounding this project. But, there -in lies the Rub! It requires a Humanistic and People approach. No-one came into my home and experienced the noise and felt the vibrations of Magnesia Falls traffic. And it is going to get worse! We are living in Palm Desert because of it's beauty, climate and the manner in which the City is run and managed. When the project on the south-east corner of Hovley Lane and Monterey Avenue was being considered our City Council did what was right and kept the area residential. Our City Council acted responsibly in closing off the streets between Park View And Fred Waring, west of Monterey to protect the residents from traffic incursion, noise and pollution. I ask that they do the same for us who are impacted by the Magnesia Falls project by not approving it. If, however, our City Council insists upon allowing the work to proceed, I plead that they show us consideration by erecting a true sound -attenuating wall and limit the size and speed of the vehicles that may use it, mainly prohibiting trucks and installing speed humps. Thank you for listening to me. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT "B" Monteuey Countuy Club Association, Inc. Milt Helms, 333 San Remo, President MCC Homeowners Association We are very grateful for Mr. Criste's confirmation of the plans to restrict access to right turn north bound only onto Monterey Avenue from Magnesia Falls Drive and left turn east bound only onto Magnesia Falls Drive from Monterey Avenue as originally presented to us last year by Mr. Dick Folkers. We have two other concerns we hope the Council will vote favorably for and that is the retention of parking on the northern side of Magnesia Falls at the far eastern corner of our development for our landscape personnel. And, our residents are entitled to the peaceful enjoyment of their property and we respectfully request consideration for enhancing our masonry block wall for — sound attenuation. We do not believe the wall as it exists serves as an effective acoustical batrier given Table 2, Page 27 of the Draft EIR which denotes the average daily traffic volumes. Thank you for your consideration of our requests. 275 Avenida Del Sol. Palm Desert. CA 92260 Tel - 760/346-9778 Fax - 760/568-9558 e-mail: mcchoa@worldnet.att.net 21