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HomeMy WebLinkAbout1990-11-08MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, NOVEMBER 8, 1990 CIVIC t.:r4r i tic COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Crites convened the meeting at 4:00 p.m. H. PLEDGE OF ALLEGIANCE - Councilmember Jean M. Benson III. INVOCATION - Mayor Pro-Tempore Walter H. Snyder IV. ROLL CALL Present: Councilmember Jean M. Benson Councilman Richard S. Kelly Mayor Pro-Tempore Walter H. Snyder Councilman S. Roy Wilson Mayor Buford A. Crites Also Present: Bruce A. Altman, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk/P.I.O. Carlos L. Ortega, ACM/RDA Executive Director Paul Shillcock, ACM/Director of Economic Development Paul S. Gibson, Finance Director/City Treasurer Gregg Holtz, Senior Engineer Phil Drell, Senior Planner With Council concurrence, Mayor Crites suspended the remainder of the Agenda at this point for two presentations. A. PRESENTATION OF PROCLAMATION Mayor Crites read the proclamation, declaring the night of Thursday, December 20, 1990, the longest night of the year, as "Ashley Thomas McDermott Night" in the City of Palm Desert. He noted that McDermott had been a Professor of Astronomy at College of the Desert for 26 years, and he presented the proclamation to him. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 1990 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. PRESENTATION BY SISTER CITIES COMM' i i tt ON OSOYOOS, BRITISH COLUMBIA, CANADA. Councilman Kelly gave a slide presentation of the recent trip by members of the Sister City Committee to Palm Desert's new sister city, Osoyoos, British Columbia. Ms. Vonna Westfall and Ms. Sheila Benson presented gifts to the City which were received during the visit, including the Canadian flag, the Provincial flag, Sister City proclamation, California Legislature resolution, framed photograph and photo album of the City of Osoyoos, and artwork from a local Osoyoos artist. Councilman Kelly added that although Palm Desert does not have a public golf course, the Osoyoos City Council made the Palm Desert City Councilmembers official members of the Osoyoos Golf and Country Club. On behalf of the City Council, Mayor Crites thanked John Wohlmuth and the Sister City Committee members for their time and efforts in making this trip to Osoyoos. V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of October 25, 1990. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY -Warrant Nos. WR0915, WR1005, WR1008, and WR1014. Rec: Approve as presented. C. CLAIM NO. 149 AGAINST THE CITY by Harry Derleth in the Amount of $6,184.43. Rec: Deny the Claim and Instruct the City Clerk to so advise the Claimant. D. REOUEST FOR RELEASE OF BONDS for Median Island, Parcel Map 18764. Carver Management Corp., Applicant. Rec: By Minute Motion, authorize the City Clerk to release the median island bonds for said parcel map. E. REOUEST FOR AUTHORIZATION To Advertise and Call for Bids for Contract No. 00-485, 1990-91 Curb and Gutter Cross Gutter. Rec: By Minute Motion, approve the request and authorize the City Clerk to advertise for bids for Contract No. 00-485. 2 MINUTES REGULAR PALM DESER' :TIT COUNCIL MEETING NOVEMBER 8, 1990 * * * * * * * * * * *—* * * * * * * * * * * * * * * * * * * * * * * * * F. REOUEST FOR AUTHORIZATION To Advertise and Call for Bids for Contract No. 00-486, Landscape Contractor for El Paseo Medians. Rec: By Minute Motion: 1) Authorize the City Clerk to advertise and call for bids for landscape maintenance of the El Paseo medians from Portola Avenue to Highway 74; 2) Authorize the Mayor to enter into Contract No. 00-487 with MCE Corporation for maintenance management of the Public Works Maintenance Division in the amount of $18,000. Upon motion by Snyder, second by Benson, the Consent Calendar was approved as presented by unanimous vote of the City Council. VI. ORAL COMMUNICATIONS - A None Mayor Crites suspended the remainder of the Agenda at this point to take up Items B and C of New Business. See that portion of the Minutes for discussion and action. VII. RESOLUTIONS None VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 621 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF THE MUNICIPAL CODE RELATIVE TO ESTABLISHING NEW SPEED ZONES ON SHADOW MOUNTAIN DRIVE FROM PORTOLA AVENUE TO HIGHWAY 74 AND ON DE ANZA WAY FROM PORTOLA AVENUE TO PALM DESERT DRIVE NORTH. Mr. Altman noted there was a memo on the packets from the Director of Public Works. Mayor Crites expressed concern with the proposed speed limit of 25 miles per hour on Shadow Mountain Drive and felt it was ludicrous to expect that people would obey such a speed limit. Mr. Gregg Holtz, Senior Engineer, responded that this was the result of complaints received from Shadow Mountain Drive and De Anza Way residents. He reviewed the staff report and explained how the 25 miles per hour recommendation was determined. 1 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 1990 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Wilson agreed that it was unrealistic to set unrealistic speed limits. He said no one drives those posted speeds, and the City could make mistakes by under posting speed limits. Councilman Kelly disagreed and said that posting the lower speed limits will force people to use the streets they are supposed to use rather than cutting through Shadow Mountain and De Anza to get to Highway 74. Councilman Snyder agreed with Kelly and said the most important issue was to slow people down and save lives. Councilman Kelly moved to waive further reading and pass Ordinance No. 621 to second reading. Motion was seconded by Snyder and carried by a 3-2 vote, with Councilman Wilson and Mayor Crites voting NO. B. ORDINANCE NO. 622 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF THE MUNICIPAL CODE RELATIVE TO ESTABLISHING NEW SPEED ZONES ON ALESSANDRO DRIVE FROM SAN CARLOS AVENUE TO DEEP CANYON ROAD. Mr. Altman noted there was a report in the packets and offered to answer any questions. Councilmember Benson asked why staff was recommending establishment of the 30 miles per hour speed zone on Alessandro from San Carlos Avenue to Deep Canyon and not the entire way. Mr. Seyed Safavian, Transportation Engineer, responded that the other section of the street did not meet the requirements. Upon question by Mayor Crites as to why this was recommended at 35 miles per hour instead of 25, Mr. Safavian responded that Alessandro did not meet the requirements for a residential district and, therefore, could not be posted as 25 miles per hour. Councilman Kelly moved to waive further reading and pass Ordinance No. 622 to second reading. Motion was seconded by Snyder and carried by unanimous vote of the Council. 4 MINUTES REGULAR PALM DESERT TY COUNCIL MEETING NOVEMBER 8, 1990 * * * * * * * * * * * * * * * * * * * * * * * *-* * * * * * * * * * * For Adoption: A. ORDINANCE NO. 619 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND PREZONING THE PROPERTY NORTH OF COUNTRY CLUB DRIVE TO THE RAILWAY AND WEST OF WASHINGTON STREET TO THE EXISTING CITY LIMIT FOR THE PURPOSE OF FACILITATING ANNEXATION OF THE AREA TO THE CITY OF PALM DESERT. CASE NO. C/Z 90-11. Mr. Altman stated that no changes had been made since introduction of this ordinance, and he recommended its adoption. Councilman Kelly moved to waive further reading and adopt Ordinance No. 619. Motion was seconded by Snyder and carried by unanimous vote of the Council. IX. CONSENT ITEMS HELD OVER None X. NEW BUSINESS A. CONSIDERATION OF AN APPEAL TO A DECISION OF THE ARCHITECTURAL REVIEW COMMISSION FOR AN AWNING AT CARL MARTIN'S DESERT SHOP. Mr. Drell reviewed the staff report and showed photographs of the awning in question. He said this was a request for a marquee -type awning extending out from an existing awning to within 32 inches of the curb. He said the Architectural Review Commission had denied the request because it did not in any way relate to an entrance to the building and did not conform to the policy regarding marquee awnings. He added that staffs recommendation was to uphold the decision of the Architectural Review Commission and deny the appeal. Mayor Crites asked whether the appellant was present to provide additional testimony, and no one spoke. Councilmember Benson moved to, by Minute Motion, uphold the decision of the Architectural Review Commission and deny the appeal. Motion was seconded by Wilson and carried by unanimous vote of the Council. Mayor Crites added as a comment that he had recently driven down El Paseo trying to find this store. He expressed concern with being able to locate businesses on this street. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 1990 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly stated that this matter had been discussed several times and that new businesses were now required to have addresses on them. He also expressed concern with locating businesses and stated that he had recently attended . a ribbon -cutting for a new building which extended over eight stores, and the address was on the end of the building. Mr. Altman responded that this matter would be discussed at the next meeting of the Police Advisory Committee and that he would ask for a report. Mr. Pat Conlon, Director of Building & Safety, stated that the City currently required seven-inch high number addresses on all new commercial buildings to be visible from the public right-of-way. He said the building would have only one address, with each suite or business being identified by a suite number or letter. He said one problem currently being discussed with the Chamber of Commerce was that there are several locations within the City where individual suites within one building have individual addresses, and it is very confusing to have all of them with the large numbers. He said he would come back to the Council with a proposal to resolve this problem. B. REOUEST FOR APPROVAL OF PROPOSED ART BY ARTIST ROBERT PERLESS FOR THE JOINT VENTURE BUILDING LOCATED ON THE CIVIC CENTER SITE AND BY ARTIST WILLIAM DISBRO FOR THE PALM DESERT SHERIFF'S STATION. Mr. Altman stated that material had been included in the packets and added that he felt Ms. Sass had done an excellent job in preparing the report. Councilman Wilson agreed and moved to, by Minute Motion, approve the artwork and related proposals and authorize staff to proceed with their placement. Motion was seconded by Kelly and carried by unanimous vote of the Council. C. REOUEST FOR APPROVAL OF PROJECT PLAN FOR THE ART -IN -PUBLIC - PLACES PROGRAM. Mr. Altman stated that Ms. Sass had prepared a report for Council and that she would answer any questions. Councilman Wilson expressed concern with Item #4 of the list. He said he had no quibble with the location but felt it should be designated as the Haystack Drainage Area, not Haystack Park. Ms. Sass responded that the park designation would be changed. Councilman Wilson moved to, by Minute Motion, approve the plan and authorize the Subcommittee to proceed with it. Motion was seconded by Kelly. Mayor Crites expressed appreciation on behalf of the entire Council and said this was an excellent document which showed an incredible amount of work not only by Ms. Sass but by the entire Committee. 5 MINUTES REGULAR PALM DESERT ITY COUNCIL MEETING NOVEMBER 8, 1990 * * * * * * * * * * * * * * * * * * * * * * * * *-* * * * * * * * * * * Councilman Wilson stated that with regard to the Haystack location, there was some City - owned property at the other end of the street which he felt was a natural area that might lend itself to a different kind of art treatment, and he suggested that the Committee look at this location also. Mayor Crites called for the vote. Motion carried by unanimous vote of the Council. D. REOUEST FOR AWARD OF CONTRACT NO. 00-488 TO JUDICIAL DATA SERVICES FOR PROCESSING OF PARKING CITATIONS. Mr. Altman briefly reviewed the staff report, noting that Code Compliance Director Frank Allen and Sheriff's Department Lt. Gayl Janes were available to answer any questions. Councilman Snyder moved to, by Minute Motion, award Contract No. 00-488 to Judicial Data Services, a Division of Optimal Data Corporation, to be the City of Palm Desert's parking citation processor at a rate of $1.35 per citation filed. Motion was seconded by Kelly and carried by unanimous vote of the Council. E. REOUEST FOR AUTHORIZATION TO CALL FOR BIDS FOR NEW PARKING CITATION FORMS. Mr. Altman stated that this was related to the previous item and recommended approval. Councilman Kelly moved to, by Minute Motion, authorize the City Clerk to advertise and call for bids to print parking citation forms as approved by the Director of Code Compliance and the Riverside County Sheriff's Department. Motion was seconded by Benson and carried by unanimous vote of the Council. F. INFORMATIONAL ITEMS: 1. Palmer CableVision Update. Mr. Ortega stated that staff had received the first part of the audit being done by the consultant and that a report would be included at the next Council meeting. 2. Update on Tri-Cities Sports Facility. Mr. Altman reported that he had met that day with the City Managers involved and that the Rancho Mirage City Manager would be taking several items back to his Council. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL lyir.Eiuyu NOVEMBER 8, 1990 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XI. CONTINUED BUSINESS A. CONSIDERATION OF AN APPEAL BY LOBLAND-WARING -REALTY, INC. TO A DECISION OF THE BUILDING BOARD OF APPEALS & CONDEMNATION DECISION TO DENY INSTALLATION OF A SPIRAL STAIRWAY AT 73-350 EL PASEO, PALM DESERT. (Continued from the Meetings of July 26, August 23, September 13, 1990, and October 11, 1990) Mr. Erwin reported that the Attorney General's opinion had not yet been received. Councilman Snyder moved to continue this matter to the meeting of December 13, 1990. Motion was seconded by Benson and carried by unanimous vote of the Council. XII. OLD BUSINESS A. REOUEST FOR APPROVAL OF WATER EFFICIENT LANDSCAPE GUIDELINES FOR DEVELOPMENT. Mr. Altman briefly reviewed the staff report and offered to answer any questions. Councilman Kelly moved to, by Minute Motion: 1) Authorize staff to proceed with the Request for Proposal process for the subject program; 2) Appropriate $25,000 from the unencumbered General Fund Budget Reserve to the project budget. Motion was seconded by Benson and carried by unanimous vote of the Council. Mayor Crites thanked Councilman Kelly for making the motion and said this program would keep Palm Desert out in front of any other municipality in Riverside County in terms of water conservation. He thanked Bruce Altman, John Wohlmuth, and the City Staff. B. REPORT ON CITY'S POSITION ON REGIONAL GOVERNMENT. Councilman Wilson moved to continue this matter to the meeting of December 13, 1990. Motion was seconded by Snyder and carried by unanimous vote of the Council. C. REOUEST FOR APPROVAL OF BUS SHELTER AGREEMENT TO THE BUS SHELTER PROGRAM. Mr. Altman stated that the basic components of this program were outlined in the memorandum from John Wohlmuth which had been included in the packets. Councilman Wilson stated that he felt this was a good report. Mayor Crites asked what the dollar amount was for the City's share of revenues from the program. Mr. Richard Cromwell, Sunline Transit Agency, responded that the City of Palm Desert was projected to receive $6,578.75for fiscal year 1989/90 and had actually received all but REGULAR PALM DESER COUNCIL MEETING NOVEMBER 8, 1990 * * * * * * * * * * * * * * * * * * * * * * * * 711 * * * * * * * * * * * $2,500 of that amount to date. He added that for 1991 projected revenues for Palm Desert were $17,000. Upon question by Councilmember Benson relative to whether the City would have any control over the type of advertising that appears on the bus shelters, Mr. Cromwell responded that he had met with John Wohlmuth and Councilman Kelly to address this issue as well as other concerns of the Council. He presented packets of information to the Council and gave a slide presentation showing some of the shelters throughout the City. He reviewed his memorandum dated October 25, 1990, noting that although staff was recommending a five-year contract for bus shelters, Sunline was requesting a 10-year contract. Councilmember Benson asked what the cost would be to advertise in one of the shelter spaces for one year. MR. FRANK JONES, Sunrise Media, responded that it would cost approximately $450.00 per month to advertise on a shelter. Councilmember Benson said she felt the City of Palm Desert could use some of those spaces to advertise the City as well as some of the groups for which funding is provided. Mr. Wohlmuth stated that there was a program where the City provided electricity for two of the bus shelters and, in exchange, received the advertising space. He added that last year Sunrise Media had done an excellent job promoting Earth Day '90 as well as The Living Desert. Mr. Jones added that Sunrise Media had always taken the position that if the City has posters available, they would put them in the shelters. Councilman Wilson suggested that this be referred to the Activities Promotion Committee to develop posters that are attractive and that will fit. Councilmember Benson stated that she would discuss this with the Committee as Council liaison. Upon question by Councilman Wilson regarding a five-year vs. ten-year contract, Mr. Cromwell responded that Sunrise Media was a subsidiary of Palm Springs Life Magazine. The shelters run from $10,000to $20,000each, and it would be more attractive to lending institutions to have a more stable income base. He said having the City of Palm Desert on a contract of less than ten years would make it more difficult for long-term financing. In response to Wilson's question regarding staffs recommendation that the agreement include a provision that signs must meet architectural color pallet, he stated that they were requesting a little more flexibility since they would be dealing with national advertisers. Councilman Wilson asked for staffs reaction, and Mr. Wohlmuth responded that one of staffs concerns with a 10-year contract was that it would run into the year 2000. Having a five-year contract would give staff more flexibility in terms of keeping this program going or having the City begin constructing its own shelters. He said staff felt Sunrise had maintained the shelters very well; the major complaints were with signage. He said the color pallet idea would allow staff to review the signs before they were put into the 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 1990 * : * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * shelters. Wilson asked if staff was comfortable with the cancellation clause should the City at some point become unhappy with the program. Wohlmuth responded that he would have the City Attorney review the contract to be sure the City is protected. Mayor Crites added that the City should have immediate protection rather than having to go through a lengthy process. Upon question by Wilson regarding other cities in the Valley, Mr. Jones responded that the City of Palm Springs was still operating under the pilot program, but the Cities of Indio, La Quinta, Cathedral City, Desert Hot Springs, and the County of Riverside were all on 10-year agreements. Upon question by Benson regarding the color pallet, Mr. Wohlmuth responded that the City has the authority to have any sign removed within a 24-hour period if it is not a color or product the City wants advertised. He said staffs feeling was that an entire color pallet could be approved by the Architectural Review Commission, and then Sunrise Media would have some guidelines to work from. Councilman Wilson moved to, by Minute Motion, authorize the Mayor to enter into Agreement No. 00-489 with Sunline Transit Agency for bus shelters in the City of Palm Desert, modified to change the term of the agreement from five years to ten years and that Council imply that there is flexibility in the color pallet proposal. Motion was seconded by Snyder and carried by unanimous vote of the Council. MI. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY Mr. Erwin asked that Council adjourn to Closed Session at the appropriate time pursuant to Government Code Sections 54956.9(b) and (c), potential and threatened litigation, and 54956.8, discussion of the acquisition of property in Section 4 of the North Sphere. 1. REPORT on Altamira Project. THE FOLLOWING IS A VERBATIM TRANSCRIPT OF THIS PORTION OF THE MEETING. Erwin: The second item, if you would Mr. Mayor, is a report to the Council dealing with the Altamira Project. For the information of the Council, I have received two letters, one dated November 6, one dated November 7, from Mr. Craig Williams, who is the attorney representing the Big Horn IQ MINUTES REGULAR PALM DESER .TITY COUNCIL MEETING NOVEMBER 8, 1990 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Research Institute. The letters, for the benefit of the Council, specifically and formally request that the City relinquish its lead agency status concerning the Environmental Impact Report on the Altamira Project. The letter sets forth, the first letter sets forth, the reference to the CEQA guidelines, the Section 15051, which give you the criteria for establishing the lead agency and suggests that Fish and Game, State Department of Fish and Game, is a more appropriate agency for asserting jurisdiction over the environmental review process. The letter also makes mention and expresses concern about the City's Planning Department and their objectivity. I will give copies of both letters to the City Clerk for the record in this particular matter. The second letter, once again, restates the desire and indicates a willingness...Mr.Williams apparently contacted the California Department of Fish and Game and, once again, asks that the City give up its position as the lead agency in the project. I have reviewed the Public Resources Code, which basically is the California Environmental Quality Act, as well as the guidelines, those guidelines set forth by Mr. Williams, as well as some others. My opinion after having read that, both the California Public Resources Code and the guidelines, is that the City is the lead agency, there is no other public agency that falls within the definition of a body that has the approval of the project, the project being the entire acreage of the Altamira Project, particularly from the standpoint of zoning, land use, design review, subdivision, those types of things. It is my belief that you do not have the ability to give up the lead agency status even if you want to. That is my best guess. There is no case on this particular issue. I did have an opportunity briefly to talk with Mr. Roberts of the Research Institute a few minutes ago. He expressed concern that perhaps if they had some additional time, they might convince me otherwise, and I indicated to him that I would at least relay that to the Council. But my best judgment is that the Council does not have that option. That's not to say you couldn't take that option, because I've not always been right, but that is my suggestion to you at this time. If the Council wishes to consider that, certainly you are free to do that. The second item that I wish to bring up is the potential for the Environmental Impact Report and a new consultant for the Altamira Project. We did receive this afternoon two proposals from two consultants. One is a consultant, Michael Brandman and Associates, from Santa Ana, California. The other proposal is from an organization known as Ultra Systems, Ultra Systems Engineers and Constructors. Very honestly, there has not been sufficient time for either myself or the staff to review these documents. If a consultant is to be selected, the cost of that consultant is paid by the developer. I would request of the Council, assuming you desire to act as the lead agency, that you authorize myself and the executive 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 1990 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * management group to review the proposals, meet with representatives of those consultants, and to make a decision on which of those consultants would be utilized in this project, and authorize the City Manager to execute an agreement to that effect. Crites: Okay, let me do two things. First, is there anyone on the City Council who wishes to pursue the issue of the City relinquishing its role as the lead agency? There being no one, I think you have unanimous support for the City remaining the lead agency. Secondly, is there a motion, by Minute Motion, to authorize the comments suggested by the City Attorney in terms of review, selection, and authorization of a decision by the City Attorney and so signing by the City Manager? Snyder: I would so move. Crites: Is there a second? Kelly: Second. Crites: There is a motion and a second. Please cast your ballot. Gilligan: Motion carries by unanimous vote. Crites: Thank you, sir. We go now to Mayor and Council issues.... C. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. Mayor Crites stated that Councilman Kelly had distributed a memorandum dealing with source reduction and recycling elements. Councilmember Benson moved to add this item to the Agenda for discussion. Motion was seconded by Kelly and carried by unanimous vote of the Council. Councilman Kelly referred to the staff report on AB939 which had been distributed to the Council and staff earlier in the week. He said that we were working on a short time frame and that we needed to continue working with CVAG and the County of Riverside. He said the memo proposed formation of an Environmental Committee because the members' participation would constitute public testimony as required by the Assembly Bill. He recommended approval. 12 MINUTES REGULAR PALM DESER; TTY COUNCIL MEETING NOVEMBER 8, 1990 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly moved to, by Minute Motion, direct the Palm Desert Conservation Committee to immediately begin preparation of the nine elements within the Source Reduction and Recycling Element. Motion was seconded by Wilson and carried by unanimous vote of the Council. o City Council Reauests for Action: 1. LETTER FROM THE CITY OF ROSEMEAD Relative to the California Contract Cities Association. Mayor Crites stated that he had placed this item on the Agenda as a matter of information and asked that the Councilmembers forward any comments to him if they wished him to correspond. 2. REOUEST FOR APPROVAL OF CIVIC ARTS COMMITTEE RECOMMENDATION TO ASSIST IN A RECEPTION FOR COMPOSER ERNST KRENEK. Mr. Altman noted there was a staff report and recommendation in the packets from Mrs. Gilligan. Councilman Snyder moved to, by Minute Motion: 1) Approve the request for financial participation and appropriation $1,500 from the Unobligated General Fund to Account No. 110-4118- 3025; 2) Direct the Mayor to declare Sunday, November 18, 1990, as "Ernst Krenek Day" in the City of Palm Desert. Motion was seconded by Kelly and carried by unanimous vote of the Council. o City Council Committee Reports: None XIV. ORAL COMMUNICATIONS - B None Councilman Wilson moved to adjourn to Closed Session at 5:43 p.m. pursuant to Government Code Sections 54956.9(b) and (c), potential and threatened litigation, and 54956.8, discussion of the acquisition of property in Section 4 of the North Sphere. Motion was seconded by Snyder and carried by unanimous vote of the Council. Mayor Crites reconvened the meeting at 7:00 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 1990 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVI. ORAL COMMUNICATIONS - C MR. JIM MILLER addressed Council and stated that several boys from Webelos Pack 131 were present and would be watching and listening to the Council at this meeting. He also introduced Mrs. Lanai Richardson, Den Mother. XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. REOUEST FOR APPOINTMENT OF CAROLYN MILLER TO THE ART -IN -PUBLIC - PLACES SUBCOMMiii tt . Councilman Wilson moved to, by Minute Motion, appoint Ms. Carolyn Miller to the Art -in - Public -Places Selection Subcommittee. Motion was seconded by Snyder and carried by a 4-0-1 vote, with Councilman Kelly ABSENT. B. PRESENTATION BY SISTER CITIES COMMI i i ht. ON OSOYOOS, BRITISH COLUMBIA, CANADA. Mayor Crites noted that this presentation was made during the 4:00 p.m. portion of the meeting. XVIII. PUBLIC HEARINGS A. REOUEST FOR APPROVAL OF VESTING TENTATIVE TRACT MAP, A PRECISE PLAN OF DESIGN, DRAFT DEVELOPMENT AGREEMENT, AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT PERTAINS THERETO FOR A 1,278UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT INCLUDING TWO 18-HOLE GOLF COURSES, TENNIS FACILITIES, AND RELATED AMENITIES ON 637 ACRES LOCATED BETWEEN COUNTRY CLUB DRIVE AND 42ND AVENUE AND BETWEEN EL DORADO DRIVE AND OASIS CLUB DRIVE, ALSO DESCRIBED AS SECTION 11, T5S R6E. SUNRISE DESERT PARTNERS. APPLICANT. Mr. Drell reviewed the staff report, noting that there had been extensive response to the draft Environmental Impact Report. He said that comments made by Mr. Ralph Santopietro in writing prior to the Planning Commission meeting had been responded to during the meeting and were included in the packets. Another letter was submitted by Mr. Santopietro with identical comments, and those comments were also addressed and responded to in the packets. He added that staffs recommendation was that the Council open the public hearing, receive any testimony, and continue the matter until after the review period for the Negative Declaration ends (on or after November 26, 1990). Mayor Crites stated he had several items he wished to have addressed when this matter comes back to Council: 1) There was a concern voiced by the County dealing with Palm Desert being within a certain radius of the Mount Palomar Observatory and what was 14 MINUTES REGULAR PALM DESERT !TY COUNCIL MEETING NOVEMBER 8, 1990 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * being done in terms of minimizing light pollution; 2) Said he did not know whether there were dual left -turn lanes into and out of this project on Country Club Drive. Wanted to make sure there were adequate stacking lanes and did not want to see only a single left - turn lane into the project; 3) With regard to Department of Community Development/Planning Condition #7 of Planning Commission Resolution No. 1479 dealing with exterior walls, he said he felt the City did not need another project with a long expanse of solid wall that makes it look like another prison. He suggested that staff look at the Marriott issue, where there are breaks in the wall with wrought iron, etc. Secondly, he asked that the applicant meet with the Art -in -Public -Places Committee to begin looking at what Westinghouse is considering doing in terms of a public art treatment for its walls; 4) With regard to the Public Works condition dealing with the formation of an undergrounding district, he said he would like to discuss the likelihood of such a district ever actually being formed if it is not done now. Mayor Crites declared the public hearing open and invited testimony from the applicant. MR. ALLAN LEVINE, Vice President of Engineering, Sunrise, 42-600 Cook Street, Palm Desert, reviewed the project in detail, noting that the entrance would be opposite the existing entrance to Palm Valley Country Club. He added that the project was preliminarily scheduled to be before LAFCo on January 24th. MR. DALE VELOSHIN, Landscape Architect, reviewed the landscape concept for the project, noting that one of their goals was to be a leader in the community in water conservation. He added that included in the landscape plan was space for the Art -in - Public -Places program. Mayor Crites commented that this plan took into account a lot of things the Council were very concerned about. MR. VIN ROVER, Architectural Coordinator for Sunrise, showed the proposed elevations for the project, noting that the residences with the smallest square footage were the Ocotillo units, ranging from 1,350 to 1,750 square feet. He added the Palo Verde units would be 1,795 to 2,544 square feet, the Smoketree units would be 2,300 to 3,200 square feet, and the Mesquite ranged from 3,000 to 3,700 square feet. Councilmember Benson questioned the location of the two-story units. Mr. Levine responded that it varied throughout the project. He said the four-plex unit, with the two stacked flats in the center, would be along Country Club Drive. However, because of the perimeter wall and landscaping, they would not be visible from Country Club Drive. Councilman Wilson asked what the price range would be compared with Palm Valley Country Club. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 1990 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Levine responded that the approximate price ranges would be as follows: Ocotillo - $150,000 to $200,000; Palo Verde - $225,000 to $275,000; Smoketree - $275,000 to $300,000; Mesquite - approximately $450,000. MR. PHIL SMITH, Executive Vice President of Sunrise, addressed the Council on behalf of the senior management of Sunrise and stated they were proud to be building this project in Palm Desert. Mayor Crites responded that the Council was gratified to have Sunrise present at this meeting and said it was a recombining of old friends. Mayor Crites invited additional comments from the audience. MRS. JOSEPHINE McINTYRE, a resident of Palm Desert Country Club, addressed the Council and said she had been most pleased with the response she received from Sunrise regarding the sand problems she was having. She said she could hardly wait for this to be completed and that she and other people on her street were in favor of the project. With no further testimony offered, Councilman Wilson moved to continue the public hearing to the meeting of December 13, 1990. Motion was seconded by Snyder and carried by a 4-1 vote of the Council, with Councilman Kelly ABSENT. B. REOUEST FOR APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, CONDITIONAL USE PERMIT AND DEVELOPMENT AGREEMENT ASSOCIATED WITH A 22-UNIT SENIOR APARTMENT PROJECT ON .93 ACRES ON THE EAST SIDE OF SAN RAFAEL, SOUTH OF CATALINA WAY. WEBCO DEVELOPMENT CORP.. APPLICANT. Mr. Drell reviewed the staff report, noting that the project would consist only of one- story units. Councilmember Benson asked whether this was the same project that was before the Council some time ago. Mr. Drell responded that it was the same contractor and similar architecture but different investor. Mayor Crites asked whether staff had considered whether or not some of the large Palo Verde trees along the back of the site could be saved. Mr. Drell responded that a condition could be added that all native trees that are not required to be removed for the building shall be preserved or transplanted. Mayor Crites declared the public hearing open and invited testimony from the applicant. 16 MINUTES REGULAR PALM DESERT ITY COUNCIL MEETING NOVEMBER 8, 1990 * * * * * * * * * * * 4 * * * * * * * * * * * * * * * * * * * * * * * * MR. A. J. WIGGINS addressed the Council and stated that with regard to the existing trees, he had already had one landscape architect out to look at them. He said the plan was to dig them up and replant them in the far corner during construction; they would be relocated in the landscaped area afterwards. In response to Mayor Crites' question regarding the Palo Verde trees, he said they planned to use as many of those trees as possible. Mayor Crites invited testimony in FAVOR of or OPPOSED to this project. None was offered, and he declared the public hearing closed. Councilman Wilson moved to: 1) Waive further reading and pass Ordinance No. 623 to second reading, approving the Development Agreement; 2) Waive further reading and adopt Resolution No. 90-141, approving CUP 90-18, subject to conditions, amended to include a condition regarding preservation of the existing trees. Motion was seconded by Benson and carried by a 4-1 vote, with Councilman Kelly ABSENT. C. REOUEST FOR APPROVAL OF AN EXTENSION TO THE MORATORIUM IMPOSED BY ORDINANCE NO. 601 ON MARCH 22, 1990, BEING A PORTION OF THE NORTH SPHERE AREA OF PALM DESERT, AND ORDINANCE NO. 602 ON APRIL 12, 1990, FOR ALL AREAS OF THE CITY NOT OTHERWISE COVERED BY A CURRENTLY ADOPTED CITY MASTER DRAINAGE PLAN OR APPROVED DEVELOPMENT AGREEMENT. Mr. Erwin reviewed the staff report, noting that this was an extension of time for an existing moratorium. He said it was anticipated that the drainage study that had been under way for some period of time and which had been expanded to take in the areas that are being annexed to the City would be completed and back for Council approval in January. Mayor Crites declared the public hearing open_ and invited testimony in FAVOR of or OPPOSED to this matter. None was offered, and he declared the public hearing closed. Councilman Wilson moved to, by Minute Motion, extend the moratorium for 10 months and 15 days. Motion was seconded by Snyder and carried by a 4-1 vote, with Councilman Kelly ABSENT. XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Councilman Wilson moved to adjourn the meeting to Closed Session at 7:50 p.m. pursuant to Government Code Section 54956.8, Real Property Transactions (potential parcels of property on Country Club Drive owned by Western Community Developers), 54956.9 (b) and (c), potential and threatened litigation. Motion was seconded by Snyder and carried by unanimous vote of the Council. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 1990 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Crites reconvened the meeting at 8:40 p.m. and immediately adjourned the meeting to 8:30 a.m. on Thursday, November 29, 1990, with no action announced from- Closed Session. ATTEST: ;% SHEILA R. GILLIGAN, CITY C CITY OF PALM DESERT, CA FORNIA BUFORD A. CRITES, MAYOR 1$