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HomeMy WebLinkAbout1991-08-05MINUTES ADJOURNED MEETING OF THE PALM DESERT CITY COUNCIL MONDAY, AUGUST 5, 1991 CIVIC (-ray i vat COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Snyder called the meeting to order at 10:36 a.m. explaining that this meeting was continued from the August 1, 1991 City Council meeting. He noted that the Council had met in Closed Session prior to this meeting and that no action had been taken during that session. II. ROLL CALL Present: Mayor Walter H. Snyder Mayor Pro-Tempore Richard S. Kelly Councilmember Jean M. Benson Councilman Buford Crites Councilman S. Roy Wilson Also Present: Paul Shillcock, Acting City Manager/Director of Economic Development David J. Erwin, City Attorney Doug Phillips, Deputy City Attorney Richard J. Folkers, ACM/Director of Public Works Ramon A. Diaz, ACM/Director of Community Development/Planning Phil Joy, Associate Planner Tonya Monroe, Secretary MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING AUGUST 5, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * III. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A 450-UNIT COUNTRY CLUB (REFERRED TO AS ALTAMIRA), A ZONE CHANGE FROM O.S. TO PR-5 AND HPR FOR A DRAINAGEWAY IN THE CENTRAL PORTION OF THE SITE, AND CERTIFICATION OF AN ENVIRONMENTAL IMPACT REPORT ON 352 ACRES SOUTHEAST OF HIGHWAY 74 AND INDIAN HILLS WAY (BIGHORN VENTURES, APPLICANT) CASE NOS. TT 25296 AND C/Z 89-16. (CONTINUED FROM THE MEETING OF AUGUST 1. 1991), See verbatim transcript attached hereto and made a part hereof as Exhibit "A" After discussion, city council determined that the following conditions of approval should be added to the city council conditions: No. 7) Applicant and the city shall approach the California State Department of Transportation and seek to coordinate the main entrance of the Altamira project with surrounding developments. The goal is to minimize the number of signals and access points along Highway 74; No. 8) Should the Bighorn Institute relocate, the applicant shall submit an application for any development within the buffer area; said application shall be processed as set forth in the Palm Desert Municipal Code. The undeveloped hillside lots identified in other conditions herein shall be part of this application; and No. 9) A buffer in the shape of an arc of 400 yards expanding to 600 yards as set forth by the Department of Fish and Game and shown on exhibit A shall be provided by the applicant. Councilman Wilson moved to waive further reading and adopt Resolution No. 91-89, containing findings and certifying the Environmental Impact Report. Motion was seconded by Kelly and carried by a 3-2 vote with Councilmembers Benson and Crites voting NO. Councilman Kelly moved to waive further reading and adopt Resolution No. 91-90, containing findings and approving Tentative Tract 25296 with conditions as added and amended. Motion was seconded by Wilson and carried by a 3-2 vote with Councilmembers Benson and Crites voting NO. Councilman Kelly moved to waive further reading and pass Ordinance No. 617 to second reading, containing findings and approving C/Z 89-16. Motion was seconded by Wilson and carried by a 3-2 vote with Councilmembers Benson and Crites voting NO. IV. ORAL COMMUNICATIONS - B None 2 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING AUGUST 5, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * V. ADJOURNMENT Upon motion by Benson, second by Kelly, and unanimous vote of the Council, Mayor Snyder adjourned the meeting at 11:19 a.m. ATTEST: / /'/ '. • / /r•/i SHEILA R. GILLIGAN,, / ITY CLERK CITY OF PALM DESEK 1, CALIFORNIA WALTER H. SNYDER, MAR 3 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING AUGUST 5, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * FXHB3TT 'A' PUBLIC HEARING BEFORE THE PALM DESERT CITY COUNCIL VOLUME III C:TY COUNCIL CHAMBERS 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA MONDAY, AUGUST 5, 1991 REPORTER'S TRANSCRIPT OF PROCEEDINGS WITH REFERENCE TO CASE NO. S TT 25296 AND C/Z 89-16, (CONTINUED FROM THE MEETING OF AUGUST 1, 1991). ZONE CHANGE FROM O.S. TO PR-5 AND HPR FOR A DRAINAGEWAY IN THE . CENTRAL PORTION OF THE SITE, AND CERTIFICATION OF AN ENVIRONMENTAL IMPACT REPORT ON 352 ACRES SOUTHEAST OF HIGHWAY 74 AND INDIAN HILLS WAY - BIGHORN VENTURES, APPLICANT. CITY COUNCIL MEMBERS: WALTER H. SNYDER, MAYOR RICHARD S. KELLY, MAYOR PRO TEM S. ROY WILSON JEAN M. BENSON BUFORD A. CRITES CITY STAFF PARTICIPATING RAMON A. DIAZ, PLANNING DIRECTOR PHIL JOY, ASSOCIATE PLANNER RICHARD W. FOLKERS, CITY ENGINEER DOUGLAS S. PHILLIPS, CITY ATTORNEY REPORTED BY:. G. JOANNE BERGREN, C.S.R. CERTIFICATE NO. 6334 • MS ADJOURNED PALM DESER; TTY COUNCIL. MELTING AUGUST 5, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * *-* * * * * * * * * * * EXHB3I T 'A' 2 1 PROCEEDINGS 2 3 MAYOR SNYDER: I'LL CALL TO ORDER OUR CITY COUNCIL 4 MEETING, THE CONTINUATION OF THE AUGUST 1ST MEETING. 5 AND WE'LL HEAR FROM OUR CITY MANAGER. 6 CITY MANAGER SHILLCOCK: YES. 7 MR. MAYOR, MEMBERS OF THE COUNCIL. 8 MR. DIAZ AND HIS STAFF WILL BE MAKING A 9 PRESENTATION AGAIN ON THIS PROJECT. 10 PLANNING DIRECTOR DIAZ: MR. MAYOR, MEMBERS OF THE 11 COUNCIL. 12 AS A RESULT OF COUNCIL DIRECTION, A MEETING WAS 13 HELD BETWEEN BOTH MAJOR PARTIES INVOLVED, THE APPLICANT 14 AND THE BIGHORN INSTITUTE, AS WELL AS SOME STATE AND 15 FEDERAL AGENCIES, FISH AND GAME, FISH AND WILDLIFE 16 SERVICE, BUREAU OF LAND MANAGEMENT, AND STAFF LAST FRIDAY 17 IN AN ATTEMPT TO COME TO SOME FORM OF CONCLUSION OR 18 AGREEMENT BETWEEN THE PARTIES. 19 THE RESULT OF THAT IS THAT, AS PART OF THE 20 NEGOTIATIONS -- AND YOU HAVE A LETTER FROM THE FIRM OF 21 SIEMON, LARSEN AND MARSH, OUTLINING THE SUMMARY POSITION 22 OF THE INSTITUTE. THE POTENTIAL ALTERNATIVE WOULD BE THAT 23 NO BUFFER WOULD BE REQUIRED IF THE INSTITUTE WERE TO 24 RELOCATE. THAT ITEM WOULD BE A NEW POTENTIAL MITIGATION 25 MEASURE. OBVIOUSLY, IF THE INSTITUTE IS NOT THERE, THE MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING AUGUST 5,1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT 'A' 3 1 NEED FOR A BUFFER WOULD NOT BE THERE. 2 IN TERMS OF SOMEONE ACQUIRING ADDITIONAL 3 BUFFER, WHICH I THINK IS ONE -- IF I'M CORRECT, WAS THE 4 QUESTION THAT COUNCILMAN WILSON RAISED AND WANTED US TO 5 EXAMINE AT THAT MEETING. THE INSTITUTE INDICATED THAT 6 THEY COULD NOT PURCHASE ADDITIONAL BUFFER, AND NONE OF THE 7 OTHER AGENCIES THAT WERE AT THAT MEETING STEPPED FORWARD 8 TO ACQUIRE -- OR INDICATED A WILLINGNESS TO ACQUIRE 9 ADDITIONAL BUFFER ON THE APPLICANT'S PROPERTY. 10 THE STAFF RECOMMENDATION, THEREFORE, AT THIS 11 POINT, WOULD CONTINUE TO REMAIN THE BUFFER AS IDENTIFIED 12 BY THE DEPARTMENT OF FISH AND GAME IN THEIR LAST 13 COMMUNICATIONS TO YOU, WHICH IS BASICALLY A 400-YARD 14 BUFFER, ALONG WITH THE INDEMNIFICATION PROPOSALS -- OR 15 INDEMNIFICATION OFFER MADE BY THE APPLICANT THAT THAT 16 WOULD BE A CONDITION OF APPROVAL. 17 AND SHOULD, AT A LATER DATE, FURTHER 18 NEGOTIATIONS BETWEEN BOTH GROUPS COME FORWARD WITH A 19 RELOCATION SOLUTION OR SOMETHING LIKE -- OR ANYTHING, THAT 20 THAT COULD BE BROUGHT BACK TO THE COUNCIL FOR FINAL 21 CERTIFICATION. 22 ALSO BEFORE YOU ARE RESPONSES TO THE GENERAL 23 PLAN ALLEGATIONS THAT WERE MADE AS PART OF THE 24 ENVIRONMENTAL IMPACT REPORT AND, AS I INDICATED THURSDAY 25 MORNING, THAT BY CONTINUING THE HEARING, YOU ENAiED STAFF MINUTES ADJOURNED PALM DESERT _ TTY COUNCIL MEETING AUGUST 5, 1991 * * * * * * * * * * ; * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT 'A' 4 1 TO COME BACK AND SET FORTH THE CONDITIONS OF APPROVAL THAT 2 THE CITY COUNCIL HAD ADDED. 3 AND THAT WOULD BE ON PAGE 20, CITY COUNCIL 4 CONDITIONS. THOSE SIX CONDITIONS TO THE TENTATIVE MAP. 5 AND I HOPE THAT AT THE TIME THAT I WAS JOTTING THESE DOWN 6 I DIDN'T MISS ANYTHING, BUT THESE ARE THE SIX CONDITIONS 7 WHICH WE FELT THAT THE COUNCIL HAD ADDED DURING 8 THURSDAY'S -- 9 COUNCILWOMAN BENSON: ON PAGE 26? 10 PLANNING DIRECTOR DIAZ: ON PAGE 20 OF THE TENTATIVE 11 TRACT RESOLUTION. CITY COUNCIL CONDITIONS 1 THROUGH 6. 12 COUNCILWOMAN BENSON: IS THAT A, B, C? 13 PLANNING DIRECTOR DIAZ: NO. RIGHT ON THE VERY BACK 14 PAGE OF THE RESOLUTION ON THE TENTATIVE TRACT, THERE'S SIX 15 CITY COUNCIL CONDITIONS. 16 COUNCILMAN CRITES: I DON'T FIND THAT AT ALL. 17 COUNCILWOMAN BENSON: I DON'T FIND IT. 18 (DISCUSSION OFF THE RECORD.) 19 PLANNING DIRECTOR DIAZ: THAT WOULD CONCLUDE THE 20 STAFF REPORT. 21 THE CITY ATTORNEY NOW HAS SOME COMMENTS. 22 CITY ATTORNEY PHILLIPS: YES. 23 MR. MAYOR, MEMBERS OF THE COUNCIL. 24 I AM ADVISED BY THE APPLICANT THAT THEY ARE 25 PREPARED TO EXPAND THE BUFFER. AND YOU MAY NOTE THAT MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING AUGUST 5, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2 EXHIBIT 'A' 5 1 BEHIND YOU, I HAVE DRAWN ON THAT MAP. 2 YOU'LL SEE THAT ARC. THE SMALLER ARC 3 REPRESENTS THE 400-YARD BUFFER THAT WE DISCUSSED WITH YOU 4 THURSDAY NIGHT AND FRIDAY MORNING. IF YOU WILL SEE, THERE 5 IS A CROSSHATCHED AREA THAT REPRESENTS AN ADDITIONAL 6 BUFFER THAT I BELIEVE THAT THE APPLICANT IS WILLING TO GO 7 WITH IN ORDER TO RESOLVE THE ENVIRONMENTAL PROBLEMS. 8 THIS, I BELIEVE, IS FISH AND GAME'S ORIGINAL 9 RECOMMENDATION. YOU MAY RECALL THAT FISH AND GAME HAD 10 WRITTEN TO US, AND THEY SAID THAT 400 YARDS WOULD BE THE 11 MINIMUM THAT THEY WOULD ACCEPT. AND I MIGHT ADD THAT THEY 12 STOOD BY THAT POSITION WHEN WE MET WITH THEM ON FRIDAY 13 EVENING. 14 THE APPLICANT, HOWEVER, IS WILLING TO PROVIDE 15 THE ADDITIONAL BUFFER WHICH WE WILL REFER TO AS THE 400- 16 TO 600-YARD BUFFER FOR PURPOSES OF THE RECORD AND SO THAT 17 WE ALL KNOW WHAT WE'RE TALKING ABOUT. 18 ARE THERE -- 19 COUNCILMAN WILSON: THAT'S MORE IN CONFORMITY WITH 20 THE FIRST LETTER OF THE FISH AND GAME; IS THAT RIGHT? 21 CITY ATTORNEY PHILLIPS: IT IS. 22 THAT'S ALL I HAVE. 23 MAYOR SNYDER: SO CURRENTLY, NOW, THE APPLICANT HAS 24 AGREED TO RAISE HIS BUFFER FROM THE FOUR TO THE 600 SET 25 FORTH IN THE ORIGINAL FISH AND GAME REPORT. MINUTES ADJOURNED PALM DESER'. „Try COUNCIL MEETING AUGUST 5, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT 'A' 6 1 ARE THERE ANY QUESTIONS BY THE COUNCIL? 2 COUNCILMAN CRITES: IN TERMS OF THE ISSUE THAT WE 3 DISCUSSED THE OTHER EVENING IN TRAFFIC. AMONGST THE 4 THINGS THAT I SEE OF CITY COUNCIL RECOMMENDATIONS, I DON'T 5 SEE ANYTHING HAVING TO DO WITH THAT ISSUE, REGARDING THE 6 ENTRANCE AND EXIT. 7 AND AT LEAST AS ONE PERSON, I'D LIKE TO SEE 8 SOMETHING IN THERE THAT, AS STRONGLY AS WE CAN, ASKS THAT 9 THE MAIN ENTRANCE BE ALIGNED WITH -- THAT IT BE 10 COOPERATIVELY DEVELOPED WITH WESTINGHOUSE SO THAT THE MAIN 11 ENTRANCE ALIGNS WITH CAHUILLA WAY. AND IF THERE IS A NEED 12 FOR A SECONDARY ENTRANCE, THEN IT BE A RIGHT -TURN IN, A 13 RIGHT -TURN OUT FURTHER NORTH ALONG HIGHWAY 74. THAT GETS 14 US OUT OF THAT ISSUE TWO OR THREE YEARS FROM NOW, HAVING 15 MORE AND MORE CROSS TRAFFIC ACROSS THERE. 16 COUNCILMAN WILSON: FOR THE CITY ENGINEER, IS 17 CAHUILLA WAY GOING TO BE SIGNALIZED? HAS THAT BEEN 18 APPROVED THROUGH CALTRANS? 19 CITY ENGINEER FOLKERS: THE LATEST PLAN DOES NOT HAVE 20 THAT BEING SIGNALIZED. 21 I JUST GAVE RAY A COPY OF A REPORT THAT WE 22 PREPARED. THERE'S THREE DIFFERENT ALTERNATIVES THAT WE 23 HAVE HAD. BASICALLY -- AND I DIDN'T HAVE AN OPPORTUNITY 24 TO MAKE COPIES FOR YOU THIS MORNING. 25 THE CAHUILLA WAY WAS ORIGINALLY CONSIDERED AS MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING AUGUST 5, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT 'A' 7 1 PART OF THE FIRST OPTION. THEN THERE WAS A SECOND OPTION, 2 WHERE -- EXCUSE ME. IT WAS UNDER OPTION 2 THAT WAS BEING 3 CONSIDERED AS FAR AS A COMMON ENTRY BETWEEN THAT AND SUN 4 CREEK. AND THE FINAL ALTERNATIVE HAS THE OPTION -- THE 5 TRAFFIC SIGNAL BEING LOCATED FURTHER NORTH OF THE MOBILE 6 HOME PARK. 7 DOES THAT ANSWER YOUR QUESTION OR DOES -- 8 COUNCILMAN WILSON: YEAH. YOUR SUGGESTION IS BASED 9 ON THE ASSUMPTION THAT THAT WILL BE A SIGNALIZED 10 INTERSECTION AT SOME TIME? 11 COUNCILMAN CRITES: CAHUILLA WAY IS -- I THINK 12 COUNCILMAN KELLY MADE THE COMMENT THE OTHER NIGHT. A LOT 13 OF THE SERVICE TRAFFIC OUT OF THE WESTINGHOUSE PROJECT ON 14 THE OTHER SIDE IS OVER THERE, ALL CAHUILLA HILLS RESIDENTS 15 GO THERE. IT'S VERY CLOSE TO SILVER SPUR, SO A SIGNAL 16 THERE PROVIDES RELIEF, INDIRECTLY, TO SILVER SPUR. 17 SO I SUSPECT, YES, THAT THAT WILL END UP BEING 18 SIGNALIZED. 19 CITY ENGINEER FOLKERS: OKAY. THE -- 20 COUNCILMAN CRITES: IT SURE AS HECK WILL IF ALL THESE 21 OTHER PROJECTS FUNNEL OUT DIRECTLY THERE. 22 CITY ENGINEER FOLKERS: THERE HAS BEEN SEVERAL 23 MEETINGS WITH CALTRANS AND, AS A RESULT, THE LAST 24 PROPOSAL -- THE LAST PROPOSAL DOES NOT HAVE THAT 25 SIGNALIZED. MINUTES ADJOURNED PALM DESERT _,JTY COUNCIL MEETING AUGUST 5, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT "A" 8 3 1 AND AS WE INDICATED, THAT THE STAFF FELT THAT 2 CAHUILLA WAY, AS A JOINT -- OR A MAJOR SIGNALIZATION SPOT 3 WAS ACCEPTABLE TO US. HOWEVER, WHEN THE DEVELOPER WENT TO 4 MEET WITH CALTRANS, THERE WERE SOME NEGOTIATIONS AND, AS A 5 RESULT, THAT DIDN'T COME TO PLACE. 6 COUNCILWOMAN BENSON: WELL, IF IT'S PUT IN THERE AS 7 ONE OF THE CONDITIONS TO GO BACK AND RENEGOTIATE WITH 8 CALTRANS, WE CAN CERTAINLY REQUEST THAT, BECAUSE IT WOULD 9 BE A MORE LOGICAL SPOT TO PUT ONE, IF YOU WATCH THE 10 TRAFFIC COMING DOWN OFF OF THAT HILL, THAN TO GET THEM 11 DOWN TO INDIAN STRINGS AND THEN HAVE THEM BACKED UP IN 12 THERE AT THE OTHER ENTRANCES. 13 MAYOR PRO TEM KELLY: IF THE DEVELOPER IS NEGOTIATING 14 WITH CALTRANS IN AN EFFORT TO SATISFY CALTRANS, I THINK 15 THAT IF WE WERE NEGOTIATING WITH CALTRANS, THAT WE WOULD 16 BE MORE IN A POSITION OF TRYING TO GET THE SIGNAL WHERE WE 17 THINK IT OUGHT TO BE. 18 AND I CAN'T IMAGINE -- I GUESS I SHOULD ASK 19 YOU, AS IN CHARGE OF THE TRAFFIC ENGINEERING DEPARTMENT, 20 IS NOT IT LOGICAL TO HAVE IT AT -- WHAT'S THE NAME OF 21 THAT? 22 COUNCILWOMAN BENSON: CAHUILLA. 23 MAYOR PRO TEM KELLY: CAHUILLA WAY? 24 CITY ENGINEER FOLKERS: IT WAS OUR ORIGINAL 25 RECOMMENDATION THAT IT BE AT CAHUILLA WAY, YES, SIR. MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING AUGUST 5,1991 * * * * * * * * * s * * * * * * * * * * * * * * * * * * * * * * * * * * * EXIIIBTT 'A' 9 1 MAYOR PRO TEM KELLY: WE SHOULD TAKE THE POSITION 2 THAT THAT'S WHERE WE THINK IT OUGHT TO BE AND PROMOTE IT 3 FOR THERE. 4 CITY ENGINEER FOLKERS: IF THAT'S A COUNCIL 5 DIRECTION, WHY, WE'LL CERTAINLY PROCEED WITH IT. 6 COUNCILMAN WILSON: I THINK -- I SUPPORT THE INTENT. 7 I HAVE SOME CONCERNS THAT IF, FOR EXAMPLE, CALTRANS, IN 8 THEIR WISDOM -- I DON'T SAY THAT FACETIOUSLY. 9 COUNCILMAN CRITES: YES, YOU DID. 10 COUNCILMAN WILSON: -- SHOULD DETERMINE THAT THE MAIN 11 ENTRANCE OF BIGHORN, WHICH IS SOUTH OF CAHUILLA WAY, 12 SHOULD BE SIGNALIZED, THEN IT WOULD MAKE MORE SENSE TO 13 HAVE THE ENTRANCE TO THIS PROJECT DOWN BY INDIAN SPRINGS. 14 YOU WOULD HAVE A GREATER DISTANCE BETWEEN SIGNALIZATION. 15 SO I WOULD LIKE TO SEE SOMETHING TO WHERE WE 16 WRITE A CONDITION TO ENCOURAGE NEGOTIATION FOR CAHUILLA 17 WAY AS THE ONLY SIGNAL IN THAT SPAN. BUT IF THAT DOES NOT 18 FLY THROUGH THE CALTRANS MAZE, THAT THEN CONSIDERATION BE 19 GIVEN TO SPACING SIGNALS AS FAR APART AS POSSIBLE. 20 COUNCILMAN CRITES: THE END INTENTION IS TO MINIMIZE 21 THE NUMBER OF SIGNALS. 22 COUNCILMAN WILSON: RIGHT. AND IF IT CAN BE WORDED 23 THAT WAY, I SUPPORT IT. 24 COUNCILMAN CRITES: IT IS THEN DONE. 25 COUNCILWOMAN BENSON: THAT'S PUT ON AS A CONDITION? MINUTES ADJOURNED PALM DESER CITY COUNCIL MEETING AUGUST 5, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 4 EXHIBIT 'A' 10 1 COUNCILMAN CRITES: UH-HUH. AS A CONDITION. 2 MAYOR SNYDER: RAY WILL TAKE CARE OF THAT. 3 ANY FURTHER QUESTIONS BY THE COUNCIL? 4 COUNCILMAN CRITES: WE HAD, WHEN LAST WE WERE 5 TALKING, AN ISSUE THAT'S ON, I THINK, PAGE -- ONE OF THE 6 VARIATIONS OF ALL OF THIS IS, WE HAD WITH US LAST THURSDAY 7 EVENING, WOULD HAVE BEEN ON PAGE 17, AND IT WAS ONE OF THE 8 MITIGATION MEASURES HAVING TO DO WITH THE BUFFER. AND IT 9 HAD TO DO WITH RESTRICTIONS AND PROHIBITIONS ON GRADING. 10 AND THE ORIGINAL STAFF REPORT GIVES A RESTRICTION OF 11 APPROXIMATELY 1,000 FEET ON GRADING DURING THE LAMBING 12 SEASON. 13 THE END RESULT OF THAT IS THAT THAT'S LESS THAN 14 THE BUFFER THAT WE'RE TALKING ABOUT THIS MORNING. SO THAT 15 IN ALL PRACTICAL TERMS, THERE IS NO GRADING RESTRICTION 16 BECAUSE THERE'S NOTHING TO BE GRADED IN THERE, ANYHOW. 17 IT SEEMS TO ME THAT THE GRADING RESTRICTION 18 NEEDS TO BE A MORE COMPRE -- AND I DON'T KNOW THAT IT 19 NEEDS TO EXTEND, AS THE E.I.R. SUGGESTED ORIGINALLY, 20 THROUGHOUT THE ENTIRE PROJECT, BUT 1,000 FEET DOES NOT 21 APPEAR TO BE SUFFICIENT, AT LEAST FROM MY PERCEPTION. 22 PLANNING DIRECTOR DIAZ: YEAH. THE 1,000 FEET IS 23 FROM THE PROPERTY BOUNDARY, NOT FROM THE PEN, WHICH IS 24 INSIDE OF THE PROPERTY BOUNDARY. 25 COUNCILMAN CRITES: WHAT DOES THAT TURN OUT TO BE IN MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING AUGUST 5, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 4 EXHIBIT 'A' 11 1 TERMS OF THE BUFFER? 2 PLANNING DIRECTOR DIAZ: WELL, IN TERMS OF THE -- OF 3 THE BUFFER, IT'S MY UNDERSTANDING THAT NO ACTIVITY IS 4 GOING TO TAKE PLACE IN THE BUFFER. 5 COUNCILMAN CRITES: RIGHT. 6 PLANNING DIRECTOR DIAZ: SO ZERO. 7 COUNCILMAN CRITES: HOW MUCH FURTHER DOES THE GRADING 8 RESTRICTION EXTEND, THEN? 9 PLANNING DIRECTOR DIAZ: I'LL LET THE ENVIRONMENTAL 10 CONSULTANT -- 11 MS. ADAMS: THE -- LET'S JUST USE THE 400-YARD 12 BUFFER, JUST FOR THE MATHEMATICS FOR ME. 13 IF YOU HAVE A 400-YARD BUFFER, THERE'S 100 14 YARDS BETWEEN THE PEN -- YOU KNOW, APPROXIMATELY 100 YARDS 15 BETWEEN THE PEN AND THE PROPERTY BOUNDARY. A THOUSAND 16 YARDS IS A LITTLE GREATER -- A THOUSAND FEET IS A LITTLE 17 GREATER THAN 300 YARDS. 18 THE 1,000-FOOT GRADING RESTRICTION, THEN, IF 19 YOU ASSUMED THAT A 300-YARD BUFFER WOULD BE PHYSICALLY 20 INSIDE THE TRACT BOUNDARY, THAT WOULD EXTEND BEYOND -- YOU 21 KNOW, BY 100 FEET BEYOND WHERE THE BUFFER WOULD BE. SO 22 THE FIRST HUNDRED FEET OF DEVELOPMENT, APPROXIMATELY, 23 WOULD BE THE 1,000 FEET FROM THE PROPERTY BOUNDARY. 24 NOW, THE BUFFER, BECAUSE OF THE WAY IT'S 25 CONFIGURED IN AN ARC, IF YOU ASSUME THE 400 IS IN AN ARC, MINUTES ADJOURNED PALM DESEF. CITY COUNCIL MEETING _ AUGUST 5, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT "A" 12 1 THE 1,000 FEET IS UNIFORM ALONG THE BOTTOM OF THE PROPERTY 2 BOUNDARY. IN OTHER WORDS, THE 1,000 FEET -- IT GOES FROM 3 THE PROPERTY BOUNDARY 1,000 FEET NORTHWARD, AND THAT IS 4 THE GRADING RESTRICTION FOR NOISE DURING THE LAMBING 5 SEASON. 6 COUNCILMAN CRITES: DOES THAT, THEN, MEAN THAT IN 7 SOME PLACES THE GRADING RESTRICTION WOULD BE NO GREATER 8 THAN THE BOUNDARY? 9 MS. ADAMS: NO. IN ALL -- IN THE MINIMUM, THE 10 GRADING RESTRICTION IS 100 FEET BEYOND THE MINIMUM 11 BOUNDARY OF THE BUFFER. BECAUSE APPROXIMATELY 300 YARDS 12 OF THE BUFFER, LET'S SAY, IS ACCOMMODATED IN THE TRACT 13 BOUNDARY. A THOUSAND FEET IS 300 -- A LITTLE MORE THAN 14 300 YARDS -- 300 YARDS AND 100 FEET. SEE, WE WOULD HAVE 15 100 FEET -- THAT'S RIGHT. THANK YOU. 16 YOU WOULD HAVE 100 FEET BEYOND THE MINIMUM 17 CONTOUR OF THE 400-YARD BUFFER FROM THE PENS THAT WOULD 18 COMPOSE THE GRADING RESTRICTION. 19 COUNCILMAN CRITES: THAT ANSWERS THE QUESTION. 20 MAYOR SNYDER: ANY FURTHER QUESTIONS? 21 COUNCILMAN CRITES: NO. I'M JUST FINE. 22 MAYOR SNYDER: ANY FURTHER QUESTIONS BY THE COUNCIL? 23 MR. CRITES: NO QUESTIONS. 24 COUNCILMAN WILSON: WELL, YEAH. A QUESTION FOR THE 25 CITY ATTORNEY OR MR. DIAZ, WHOEVER FEELS THEY SHOULD MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING AUGUST 5, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT 'A' 4 1 ANSWER THIS ONE. 13 2 WE RECEIVED A LETTER TODAY FROM THE ATTORNEYS 3 FOR THE BIGHORN INSTITUTE INDICATING THAT THEY WOULD -- 4 THEY'RE STILL LOOKING AT THE POSSIBILITY OF MOVING, THAT 5 THEY THINK THAT THAT WOULD BE BETTER THAN ANY BUFFER. 6 MY QUESTION IS: LET'S SAY WE -- YOU KNOW, WE 7 WAITED LONG ENOUGH FOR THOSE NEGOTIATIONS TO GO ON, BUT 8 LET'S SAY WE APPROVE THIS PROJECT, AND AT A LATER DATE 9 SOME KIND OF ARRANGEMENT WAS WORKED OUT IN SUCH A WAY THAT 10 THE BIGHORN SHEEP INSTITUTE SHOULD DECIDE TO MOVE. THAT 11 WOULD THEN OPEN UP THAT BUFFER PROPERTY FOR DEVELOPMENT. 12 HOW WOULD WE ADDRESS THIS IN A CONDITION NOW SO 13 THAT WE DON'T CLOSE THAT OPTION FOR NEGOTIATION OR 14 WHATEVER MIGHT NEED TO TAKE PLACE? 15 CITY ATTORNEY PHILLIPS: WELL, FIRST, IT IS POSSIBLE 16 TO DO WHAT IT IS YOU WERE TALKING ABOUT. THERE CAN BE AN 17 ALTERNATIVE CONDITION THAT WE, AS WE SIT HERE, COULD DRAFT 18 UP RIGHT NOW BETWEEN THE THREE OF US TO COVER THAT POINT. 19 BUT LET ME TELL YOU WHAT I THINK IT WOULD SAY. 20 IT WOULD SAY THAT IF -- IF THE CONDITION YOU'RE PUTTING IN 21 THAT WILL ESTABLISH A BUFFER, THAT THAT -- IT WILL SAY 22 THAT THAT'S THE CONDITION OF MITIGATION. 23 YOU'D ALSO SAY IN THE CONDITION THAT AS AN 24 ALTERNATIVE TO THIS MITIGATION MEASURE, SHOULD THE BIGHORN 25 INSTITUTE AND THE APPLICANT AND ANY THIRD PARTY AGREE TO MINUTES ADJOURNED PALM DESERT JTY COUNCIL MEETING AUGUST 5, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * s * * * * * * * * * * 5 EXffiBTT "A" 14 1 THE TERMS OF A RELOCATION OF ALL OR PART OF THE BIGHORN 2 INSTITUTE, THEN THE COUNCIL WILL CERTAINLY CONSIDER THAT 3 CONDITION WITH THE UNDERSTANDING THAT IF THE BIGHORN 4 INSTITUTE MOVES, AS FAR AS THE BUFFER THAT WE'RE IMPOSING 5 HERE, THERE WOULD NO LONGER BE THE NEED FOR THAT BUFFER, 6 AND AS A RESULT, THERE'S NOW MORE LAND AVAILABLE FOR 7 DEVELOPMENT. AND WE WOULD HAVE TO LOOK, ONCE AGAIN, AT 8 HOW THAT ADDITIONAL LAND WOULD BE USED, WHAT'S GOING TO GO 9 IN THERE. 10 NOW, BOTTOM LINE. WE WOULD PROPOSE AN 11 ALTERNATIVE TO THE MITIGATION CONDITION THAT HINGES ON 12 THESE FOLKS COMING TO AN AGREEMENT. IF THEY COME TO AN 13 AGREEMENT AND IT RESULTS IN THE RELOCATION OF THE BIGHORN 14 INSTITUTE TO ANOTHER PLACE, THEN THIS COUNCIL SHOULD HAVE 15 AN OPPORTUNITY TO REVIEW WHAT'S GOING TO GO IN THE NEW 16 AREA. 17 AND IT WOULD ALSO IMPLY THE COUNCIL'S 18 UNDERSTANDING THAT THERE WOULD NO LONGER BE THE NEED FOR A 19 BUFFER. IF THE BIGHORN INSTITUTE MOVES, AS FAR AS THE 20 CITY IS CONCERNED, THERE WOULD NO LONGER BE THE NEED FOR A 21 BUFFER, AS FAR AS THE CITY IS CONCERNED. 22 I'M SAYING THAT BECAUSE THERE IS A -- THERE ARE 23 SOME OTHER PERMITS, APPARENTLY, THAT ARE REQUIRED FROM 24 OTHER AGENCIES OTHER THAN HERE THAT MAY INVOLVE THE CREEK. 25 DOES THAT ANSWER YOUR QUESTION? MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING AUGUST 5,1991 * * * * * * * * * * * * * * * * * s s s * * * * * * * * * * * * * : * * * F.X�IIBTT "A" 15 1 COUNCILMAN WILSON: IT ANSWERS MY QUESTION. 2 IF WE WERE TO MOVE FORWARD AND TAKE ACTION IN 3 REFERENCE TO THIS, YOU COULD COME UP WITH THE SPECIFIC 4 WORDING? 5 CITY ATTORNEY PHILLIPS: WE'VE DONE SO, IT SEEMS. 6 PLANNING DIRECTOR DIAZ: IT WOULD BE CONDITION 8, 7 WHICH WOULD COME RIGHT AFTER THE SIGNALIZATION 8 MINIMIZATION CONDITION. IT WOULD BE: 9 "SHOULD THE BIGHORN INSTITUTE 10 RELOCATE, THE APPLICANT SHALL SUBMIT 11 AN APPLICATION FOR ANY DEVELOPMENT 12 WITHIN THAT AREA IDENTIFIED AS THE 13 BUFFER AS PART OF THIS APPROVAL, AND 14 SAID APPLICATION SHALL BE PROCESSED 15 AS SET FORTH IN THE CITY MUNICIPAL 16 CODE." 17 COUNCILMAN CRITES: THAT WOULD, THEN, GIVE US THE 18 OPPORTUNITY TO RECONFIGURE SOME OF THE EXISTING LOTS AND 19 WHAT HAVE YOU AND SO FORTH IN ORDER, POTENTIALLY, TO 20 ACHIEVE A BETTER PROJECT? 21 PLANNING DIRECTOR DIAZ: THAT WOULD GIVE YOU THE 22 OPPOR -- WELL, WHAT THAT WOULD DO IS, IT WOULD BRING THAT 23 AREA THAT'S IDENTIFIED IN BUFFER, THAT YOU'VE SET ASIDE, 24 BEFORE YOU FOR DEVELOPMENT. AND YOU COULD CONTROL THE 25 DEVELOPMENT, OBVIOUSLY, WITHIN THAT BUFFER AREA. MINUTES ADJOURNED PALM DESER._ CITY COUNCIL MEETING AUGUST 5, 1991 * * * * * * * * * * -_ * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT 'A' 16 5 1 IN TERMS OF WHAT YOU'VE ALREADY APPROVED, IF 2 IT'S ALREADY BEEN DEVELOPED, THEN IT'S ALREADY BEEN 3 DEVELOPED. SO I DON'T WANT YOU -- BUT WITHIN THAT BUFFER 4 AREA, THEY COULD NOT DEVELOP ANYTHING WITHOUT COMING TO 5 YOU. 6 AND I'M SURE, AS PART OF ANY AGREEMENT BETWEEN 7 THE TWO GROUPS, THEY WOULD BE DEPENDENT UPON SOME KIND OF 8 APPROVALS, AND THE CITY WOULD BE PART AND PARCEL IN THAT. 9 COUNCILMAN WILSON: LET ME ASK THE SAME QUESTION A 10 DIFFERENT WAY. IF IT HADN'T -- LET'S SAY THEY HADN'T 11 DEVELOPED ALL OF THEIR HILLSIDE LOTS. 12 PLANNING DIRECTOR DIAZ: UH-HUH. 13 COUNCILMAN WILSON: COULD WE ADDRESS THAT AT THE SAME 14 TIME THAT WE ADDRESS THE NEW ZONING OR THE NEW AREA? 15 PLANNING DIRECTOR DIAZ: THE CITY ATTORNEY -- UPON 16 THE ADVICE OF THE CITY ATTORNEY, I THINK THAT YOU WOULD 17 ADD THAT TO THE CONDITION, THAT ANY HILLSIDE LOTS NOT 18 DEVELOPED AT THE COUNCIL -- AT THE CITY WOULD HAVE THE 19 OPTION OF RELOCATING THOSE LOTS IN THAT BUFFER AREA. 20 YOU'RE COVERED BY CONDITION 1 ON THE HILLSIDE 21 LOTS, THAT THE APPLICANT SHALL BE PERMITTED 58 HILLSIDE 22 PARCELS, PROVIDING THAT THE APPLICANT DEMONSTRATES THAT 23 THEY CONFORM TO THE GOALS AND THE PURPOSES OF THE CITY'S 24 HILLSIDE DEVELOPMENT REGULATIONS, SAID DETERMINATION BEING 25 MADE BY THE CITY COUNCIL. SO WE CAN, ON CONDITION 8, MINUTES ADJOURNED PALM DESERT C1TY COUNCIL MEETING AUGUST 5,1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT 'A' 17 1 INDICATE: 2 "AND THE HILLSIDE LOTS SHALL BE 3 EVALUATED AS PART AND PARCEL OF ANY 4 PROJECT IN THAT BUFFER AREA." 5 CITY ATTORNEY PHILLIPS: IN OTHER WORDS, YOUR 6 CONDITION 1, THAT YOU ALREADY HAVE HERE, WILL APPLY TO THE 7 NEW AREA THAT OPENS UP. AND WE CAN SO STATE THAT IN 8 CONDITION 8. 9 DOES THAT SATISFY YOUR QUESTION? 10 COUNCILMAN WILSON: AND ALLOW US TO REVISIT ANY 11 UNDEVELOPED HILLSIDE AREA? 12 CITY ATTORNEY PHILLIPS: YES. 13 MAYOR SNYDER: ANY OTHER QUESTIONS BY THE COUNCIL? 14 COUNCIL NOW HAS BEFORE IT THE NEW PROPOSAL BY 15 THE APPLICANT FOR YOU TO CONSIDER, WHICH ENLARGES THE 16 BUFFER AREA TO THE ORIGINAL REQUEST OF THE FISH AND GAME. 17 WE HAVE CLOSED THE PUBLIC HEARING; THEREFORE, 18 WE CANNOT OFFICIALLY REQUEST ANY OTHER INPUT. WE DO HAVE 19 THE ADDITIONAL -- APPLICANT'S ADDITIONAL OFFERS, WE DO 20 HAVE THREE PEOPLE WHO WOULD LIKE TO SPEAK TO THE COUNCIL. 21 DO YOU WANT TO HAVE THEM SPEAK TO YOU BEFORE OR 22 AFTER YOU MAKE YOUR CONSIDERATION OF THE OFFER THAT'S BEEN 23 GIVEN TO YOU? 24 COUNCILMAN WILSON: I DON'T THINK WE -- I THINK WE 25 SHOULD CONSIDER THE APPLICATION BEFORE US. I THINK WE MINUTES ADJOURNED PALM DESERT --TIT COUNCIL MEETING _ AUGUST 5, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT 'A' 18 1 MADE IT CLEAR TO EVERYONE FRIDAY MORNING THAT THE PUBLIC 2 HEARING WAS CLOSED, AND THAT NO ADDITIONAL TESTIMONY WOULD 3 BE TAKEN OTHER THAN THE REPORTS THAT WE HAVE RECEIVED AS A 4 RESULT OF THE MEETINGS. 5 SO I DON'T THINK IT WOULD BE APPROPRIATE TO 6 THOSE WHO MIGHT NOT BE HERE WHO MIGHT WANT TO SPEAK TO 7 OPEN IT UP TO ADDITIONAL TESTIMONY. 8 MAYOR SNYDER: WELL, THERE WAS A LEGAL PROBLEM, AND I 9 DECIDED TO PUT IT TO THE COUNCIL. AND I SEE FROM THE NOD 10 OF THE HEADS THAT -- 11 OKAY. WE HAVE BEFORE YOU -- WE HAVE CONDUCTED 12 THE MEETING, WE HAVE LISTENED TO THE PROS AND CONS, WE 13 HAVE A NEW OFFER BY THE APPLICANT WHICH SEEMS TO TAKE CARE 14 OF THE PROBLEMS THAT THE BIGHORN SHEEP HAVE. IT GIVES 15 THEM THE OPPORTUNITY TO HAVE THE BUFFER THAT SEEMINGLY IS 16 ACCEPTABLE OR PARTIALLY ACCEPTABLE OR AT LEAST ACCEPTABLE 17 TO FISH AND GAME AND OTHER PURPOSES. 18 DO I HAVE ANY MOTION? 19 COUNCILMAN CRITES: I'D LIKE TO AT LEAST, IF I COULD, 20 COMMENT BEFORE -- 21 COUNCILMAN WILSON: I'D LIKE TO COMMENT ALSO. 22 COUNCILMAN CRITES: FIRST, I'VE PONDERED ON A COUPLE 23 OF THINGS OVER THE WEEKEND, AND I'LL JUST VERY QUICKLY 24 UNBURDEN THOSE. 25 SEVERAL TIMES DURING THE PUBLIC TESTIMONY SOME 6 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING AUGUST 5, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT "A" 19 1 PEOPLE MADE COMMENTS CONCERNING THE CONDUCT AT THE 2 PLANNING COMMISSION HEARINGS AND SO ON. AND AS JUST 3 SIMPLY ONE MEMBER OF THE COUNCIL, AND AFTER HAVING LOOKED 4 BACK OVER THE TESTIMONY AND THE CONDUCT, AT LEAST THROUGH 5 THE TRANSCRIPT OF THE PLANNING COMMISSION MEETING, I THINK 6 SOME PEOPLE PROBABLY ARE OWED AND APOLOGY. 7 WHILE WE MAY VERY VEHEMENTLY DISAGREE AND WE 8 MAY HAVE ISSUES ABOUT WHICH WE CANNOT FIND COMMON GROUND, 9 I DON'T THINK THAT EXCUSES PERSONAL RUDENESS, AND I DON'T 10 THINK THAT IT EXCUSES INVECTIVE, EITHER, FROM A PARTICULAR 11 PERSON OR FROM OTHER PEOPLE, BY SILENCE, ACQUIESCING TO 12 THAT BEHAVIOR. 13 SECONDLY -- AND IT IS, AGAIN, SIMPLY A PERSONAL 14 COMMENT, AND THAT IS THAT WE CAME CLOSE TO HAVING SOME 15 BACK AND FORTH AD HOMINEM AND VERY PERSONALIZED ATTACKS, 16 AND I DON'T THINK THAT BENEFITS ANYONE. WE OFTEN HEAR 17 THAT STORY ABOUT THE ONE ROTTEN APPLE EXTENDING THROUGHOUT 18 THE BARREL. 19 AND I WENT BACK OVER AND LOOKED AGAIN AT MY 20 NOTES TO MAKE SURE THAT I HAD NOT OVERREACTED. BUT I HAVE 21 A GREAT DEAL OF PRIDE, AS AN EXAMPLE, IN OUR CITY 22 ATTORNEY, MR. PHILLIPS AND MR. ERWIN, AND THE 23 PROFESSIONALISM THAT THEY HAVE. AND I THINK MOST OF THE 24 REST OF THE PEOPLE HAVE CONDUCTED THEMSELVES LIKE THAT. 25 BUT I WOULD AGAIN REFLECT, FOR FUTUR7 MINUTES ADJOURNED PALM DESERT __.ITY COUNCIL MEETING _ AUGUST 5, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT ' A' 20 6 1 CONSIDERATION, THAT MANY OF MR. ZEILENGA'S REMARKS, TO ME, 2 SEEMED DELIBERATELY ATTEMPTING, THROUGH INNUENDO AND 3 HALF-TRUTH, TO CAST DISPERSIONS ON PEOPLE. 4 AND, MR. BURNS, IF WE EVER WANT TO LOOK ABOUT 5 WHY CERTAIN PROFESSIONS ARE NOT HELD IN PARTICULARLY HIGH 6 REGARD, I SUSPECT A REFLECTION ON THE TRANSCRIPT OF LAST 7 THURSDAY NIGHT MIGHT GIVE US SOME VERY CLEAR GUIDANCE. 8 I PERSONALLY THINK THAT THE RECOMMENDATIONS OF 9 OUR CONSULTING BIOLOGIST AND THE 70 PERCENT OR SO OF THE 10 RESPONDENTS TO THE BIOLOGICAL COMPONENT OF THE E.I.R. ARE 11 PERSUASIVE. OTHERS ON THIS COUNCIL FIND THAT THE FISH AND 12 GAME RECOMMENDATION IS PERSUASIVE AT ITS MINIMUM. 13 AND I COMPLIMENT THE APPLICANT FOR HIS 14 WILLINGNESS TO SHOW SOME FLEXIBILITY IN THAT. I THINK THE 15 600 ON THE SOUTHERLY PORTION OF THAT BOUNDARY, WHETHER OR 16 NOT IT IS BIOLOGICALLY ACCEPTABLE, IS PROBABLY THE MAXIMUM 17 THAT THIS CITY CAN FIND, IN A REASONED CONSIDERATION, TO 18 GRANT. 19 MY ONE CONCERN IS THAT THE VERY WESTERLY 20 PORTION OF THAT, IN WHICH WE ARE STILL LEFT AT THE 21 ABSOLUTE MINIMUM, THERE'S A LOT OF TESTIMONY ABOUT PUTTING 22 IN AN ERROR FACTOR BEYOND THE ABSOLUTE MINIMUM. THE FISH 23 AND GAME LETTER SPEAKS TO THE ABSOLUTE MINIMUM AND THEIR 24 DESIRE FOR MORE THAN THAT ABSOLUTE MINIMUM. 25 WHILE I AM NOT ENTHUSED ABOUT ANYTHING LESS MIINIUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING AUGUST 5,1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT 'A' 21 6 1 THAN THE E.I.R. CONSULTANT'S REPORT, SOMETHING THAT MOVES 2 FROM, AS AN EXAMPLE, 500 YARDS TO 600 YARDS, THEREBY 3 GIVING SOME BUFFER THROUGHOUT THE AREA, IS SOMETHING THAT 4 I, AS ONE MEMBER OF THIS BODY, COULD LIVE WITH. 5 RELUCTANTLY, BUT I CAN LIVE WITH THAT. 6 END OF COMMENTS. 7 COUNCILMAN WILSON: MY COMMENTS -- I'M GOING TO ASK 8 MY COUNCIL COLLEAGUES TO FORGIVE ME. I'M GOING TO PUT ON 9 MY JOURNALISM TEACHER'S HAT AND MAKE A COMMENT ABOUT SOME 10 OF THE PRESS COVERAGE OF THIS ISSUE. 11 I HEARD ON -- PARTICULARLY THE ELECTRONIC 12 PRESS. I HEARD ON TELEVISION THIS MORNING THAT WE WERE 13 MEETING TODAY TO DECIDE WHETHER OR NOT THE BIGHORN SHEEP 7 14 INSTITUTE WOULD HAVE A BUFFER. THAT IS NOT THE ISSUE 15 BEFORE US. THE ISSUE IS HOW BIG SHOULD THAT BUFFER BE? 16 IT HAS ALWAYS BEEN THE INTENT -- I DON'T THINK 17 THERE'S A PERSON ON THIS COUNCIL WHO DOESN'T BELIEVE THERE 18 SHOULD BE A BUFFER TO PROTECT THE BIGHORN SHEEP INSTITUTE. 19 THE ISSUE IS HOW BIG SHOULD THAT BUFFER BE? 20 WE HAVE A BIOLOGICAL CONSULTANT WHO RECOMMENDED 21 A BUFFER FROM 600 TO 1125 YARDS. HE DID, THE OTHER NIGHT 22 IN QUESTIONING, ADMIT THAT A PORTION OF THAT BUFFER WAS TO 23 PROTECT A WASH, NOT TO PROTECT THE SHEEP; THAT THE WASH, 24 HE FELT, SHOULD BE RETAINED. 25 THIS IS A WASH THAT WAS, IN REALITY, CREATED BY MINUITES ADJOURNED PALM DESERT -_ t'Y COUNCIL MEETING _ AUGUST 5, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT 'A' 22 1 THE ARMY CORPS OF ENGINEERS ABOUT 15 YEARS AGO, OR 2 REDESIGNED BY THEM. SO I'M NOT SO ADAMANT ABOUT 3 PROTECTING THE WASH, ALTHOUGH IT IS A BEAUTIFUL WASH. I'M 4 NOT SO ADAMANT IN PROTECTING THAT AS I AM THE SHEEP. 5 SO WE GET DOWN TO -- WELL, ONE STEP FURTHER. 6 THE BIGHORN SHEEP INSTITUTE SAYS THEY NEED THE BUFFER 600 7 TO 1125. I'M NOT SURE WHY THEY SHOULD BE INTERESTED IN 8 THE WASH WHEN, INDEED, THEY'RE INTERESTED IN PROTECTING 9 SHEEP. SO I BELIEVE THAT IT'S REASONABLE TO ASSUME THAT A 10 LESSER BUFFER THAN THAT, TO PROTECT THE SHEEP, IS 11 AVAILABLE. 12 SO WHO DO WE TURN TO? WE'VE HEARD THE 13 INSTITUTE SAY WE NEED THAT FULL BUFFER THAT PROTECTS THE 14 SHEEP AND THE WASH, AND THEN WE HEAR FROM THE PEOPLE WHO 15 ARE RESPONSIBLE FOR THE SHEEP IN THIS AREA, AND THAT IS 16 THE DEPARTMENT OF FISH AND GAME. THEY ARE SAYING THAT IT 17 SHOULD BE 400 AS A VERY MINIMUM. AND IN THEIR -- THEY 18 SENT TWO LETTERS. THEIR FIRST LETTER RECOMMENDED 400 TO 19 600. 20 WE NOW HAVE BEFORE US AN AGREEMENT BY THE 21 APPLICANT THAT HE CAN LIVE WITH A 400- TO 600-YARD BUFFER, 22 WHICH IS THE BUFFER RECOMMENDED BY THE SHEEP EXPERTS, THE 23 DEPARTMENT OF FISH AND GAME. 24 INCIDENTALLY, OF ALL THE MEDIA COVERAGE I'VE 25 SEEN, THERE'S ONLY BEEN ONE ARTICLE -- OR ONE PAPER, AND MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING AUGUST 5, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT 'A" 23 1 THAT'S THE PRESS ENTERPRISE, THAT MENTIONED THE FISH AND 2 GAME IN THIS ENTIRE SITUATION. I THINK THEY ARE KEY 3 PLAYERS IN THIS. 4 AND, AGAIN, OUR STAFF THAT ATTENDED THE MEETING 5 FRIDAY AGAIN ASSURES US THAT THE FISH AND GAME IS STILL 6 HOLDING TO THAT POSITION; THAT 400 IS THE ABSOLUTE 7 MINIMUM. SURE, THEY'D LIKE TO HAVE MORE, BUT THEY CAN 8 LIVE WITH 400. 9 SO BECAUSE OF THAT, I AM READY TO SUPPORT, AND 10 I WOULD MOVE APPROVAL OF THIS RESOLUTION WITH THE 11 ADDITIONAL CITY COUNCIL -- EIGHT CITY COUNCIL CONDITIONS 12 THAT HAVE BEEN DISCUSSED. PERIOD. 13 MAYOR PRO TEM KELLY: SECOND. 14 CITY ATTORNEY PHILLIPS: SO I'M CLEAR -- I'M SORRY. 15 OUR APPROVAL, THEN, AT THIS POINT, WOULD BE TO CERTIFY THE 16 E.I.R. 17 COUNCILMAN WILSON: CERTIFY THE E.I.R. AND TO APPROVE 18 RESOLUTION NUMBER -- 19 CITY ATTORNEY PHILLIPS: THAT DOES THAT. 20 MAYOR SNYDER: 91-81. 21 CITY ATTORNEY PHILLIPS: 91-81. 22 MAYOR SNYDER: SECOND? 23 MAYOR PRO TEM KELLY: SECOND. 24 MAYOR SNYDER: ANY FURTHER DISCUSSION? 25 COUNCILWOMAN BENSON: I JUST HAVE A COMMENT, I GUESS. MINUTES ADJOURNED PALM DESER. CITY COUNCIL MEETING AUGUST 5, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXIIIBPT "A" 24 1 AND LIKE BUFORD, THINKING OVER SOME OF THIS THAT HAPPENED 2 IN THE WEEKEND AND THE PROJECT FOR THIS CITY, I GUESS ONE 3 OF THE THINGS THAT CAME TO MIND WAS, THOUGH I'VE NEVER 4 SEEN THEM IN WRITING, I'VE ONLY READ ABOUT THEM IN THE 5 PAPER, ALL THE MAGNANIMOUS THINGS THAT MR. HAYHOE SAID HE 6 WOULD DO FOR THE INSTITUTE. I WOULD THINK THAT THAT WOULD 7 PROBABLY BE MORE APPRECIATED IF IT WAS DONE IN A MONETARY 8 VALUE WITH THE BUFFER AND LET THE INSTITUTE RUN THE 9 INSTITUTE. 10 AND SINCE WE HAD ASKED FOR THE BIOLOGIST TO 11 GIVE US HIS OPINION, I STILL FEEL THAT HE IS RIGHT, THAT 12 WE SHOULD HAVE ENOUGH BUFFER TO PROTECT THOSE. 13 IN LOOKING AT THE VARIOUS AGENCIES THAT TALKED 14 ABOUT MOVING THEM, I DON'T FEEL THAT THAT IS A VIABLE 15 OPTION AND THAT THEY ARE PROBABLY IN THE BEST PLACE THEY 16 POSSIBLY COULD BE, AFTER LISTENING TO THE BLM. IF THEY 17 WERE MOVED, WE MIGHT BE FACING THIS AGAIN, AND I DON'T 18 THINK ANYBODY ON THIS COUNCIL WANTS TO SIT THROUGH ANOTHER 19 ONE OF THESE HEARINGS. 20 SO I STILL, AGAIN, WOULD FAVOR WHAT THE 21 BIOLOGIST SAID. 22 MAYOR SNYDER: I THINK I'D LIKE TO MAKE IT CLEAR 23 BEFORE WE VOTE THAT THE CITY HAS WORKED, PROBABLY HARDER 24 ON'THIS PROGRAM THAN ANY PROGRAM I'VE BEEN INVOLVED WITH, 25 AND I'VE BEEN INVOLVED WITH THE CITY FOR 15 YEARS. MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING AUGUST 5, 1991 * * * s * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT 'A' 25 1 I'VE NEVER SEEN THE POLARIZATION THAT CAME OUT 2 OF THIS MEETING. THERE HAS NEVER BEEN ONE MINUTE THAT THE 3 CITY COUNCIL WASN'T COMPLETELY AWARE OF AND DESIROUS OF 4 HELPING THE SHEEP AND MAKE SURE THAT THE BIGHORN INSTITUTE 5 DOES NOT CONTINUE TO DO THE EXCELLENT WORK THAT THEY'RE 6 DOING. 7 WE MOVED HEAVEN ON EARTH TRYING TO FIND 8 COMPROMISES OF HOW WE COULD BRING THIS TOGETHER SO THAT WE 9 WOULDN'T BE MAKING A DECISION. THAT WOULD APPEAR WE CHOSE 10 ONE SIDE OVER THE OTHER. I THINK MUCH OF THE RESULTS OF 11 OUR WORK, OF OUR TRYING TO FIND A WAY TO GET TOGETHER, HAS 12 CONVINCED THE APPLICANT TO INCREASE HIS DESIRE TO KEEP THE 13 BIGHORN SHEEP INTERESTED AND HAPPY, AND THAT THE INSTITUTE 14 COULD CONTINUE BY ENLARGING THE BUFFER TO THE 600-YARD 15 BUFFER SHOULD DO IT. 16 SO COUNCIL IS COMPLETELY AWARE OF THE DESIRE OF 17 THE BIGHORN SHEEP TO -- INSTITUTE TO CONTINUE TO DO THEIR 18 GOOD WORK, AND WE INTEND TO DO EVERYTHING IN OUR POWER TO 19 ASSIST THEM. AND IF THERE'S FURTHER THINGS THAT NEED TO 20 BE DONE, I ASSURE YOU, WE WILL BE A PART OF IT AND DOING 21 IT. 22 WITH THAT, IF THERE'S NO FURTHER DISCUSSION BY 23 THE COUNCIL, I'LL CALL FOR THE VOTE. 24 CITY ATTORNEY PHILLIPS: AND JUST SO I'M CLEAR, TOO, 25 IF I MIGHT ADD, THE FOUR- TO 600-YARD BUFFER THAT WE'RE MINUTES ADJOURNED PALM DESER; TTY COUNCIL MEETING AUGUST 5, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT "A' 26 8 1 TALKING ABOUT IS THAT REFLECTED ON THE MAP BEHIND 2 COUNCILMAN CRITES. IS THAT CORRECT? SO I CAN -- IS THAT 3 CORRECT? 4 INDEED IT IS. ALL RIGHT. THANK YOU. 5 MAYOR SNYDER: DO WE HAVE TO VOTE ON THE OTHER TWO 6 ITEMS THIS MORNING? 7 ACTING CITY CLERK MONROE: MOTION PASSES ON A 3-2 8 VOTE, BENSON AND CRITES VOTING NO. 9 MAYOR SNYDER: DO WE HAVE TO VOTE ON THE OTHER TWO 10 ITEMS? 11 CITY ATTORNEY PHILLIPS: YES. 12 MAYOR SNYDER: RESOLUTION NO. 91-90 AND ORDINANCE 13 NO. 617. 14 DO I HAVE A MOTION? 15 MAYOR PRO TEM KELLY: I MQVE APPROVAL OF RESOLUTION 16 NO. 91-90. 17 COUNCILMAN WILSON: SECOND. 18 MAYOR SNYDER: PLEASE VOTE. 19 (THE MOTION WAS PASSED BY A 3 TO 2 VOTE, 20 WITH COUNCILMEMBERS BENSON AND CRITES 21 VOTING NO.) 22 MAYOR SNYDER: AND THE THIRD ONE. 23 MAYOR PRO TEM KELLY: I WOULD MOVE APPROVAL OF 24 ORDINANCE NO. 617. 25 COUNCILMAN WILSON: SECOND. NIINU FFS ADJOURNED PALM DESERT CITY COUNCIL MEETING AUGUST 5,1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT 'A' 27 8 1 MAYOR SNYDER: PLEASE VOTE. 2 (THE MOTION WAS PASSED BY A 3 TO 2 VOTE, 3 WITH COUNCILMEMBERS BENSON AND CRITES 4 VOTING NO.) 5 MAYOR SNYDER: THE LAST ITEM ON THE AGENDA THAT WE 6 HAVE IS ORAL COMMUNICATION. 7 IS THERE ANYONE WHO WOULD CARE TO SPEAK TO THE 8 COUNCIL ON ANY ITEM NOT ON THIS AGENDA? 9 OTHERWISE, I WOULD ASK FOR A MOTION TO ADJOURN. 10 COUNCILMAN CRITES: SO MOVED. 11 MAYOR PRO TEM KELLY: SECOND. 12 (THIS MEETING OF THE PALM DESERT CITY 13 COUNCIL WAS CONCLUDED AT 11:15 A.M.) 14---000--- 15 16 17 18 19 20 21 22 23 24 25 MINUTES ADJOURNED PALM DESE CITY COUNCIL MEETING AUGUST 5, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXH BTT 'A' 1 CERTIFICATE 2 OF 3 REPORTER 4 5 I, G. JOANNE BERGREN, CERTIFIED SHORTHAND REPORTER IN 6 AND FOR THE STATE OF CALIFORNIA, DO HEREBY CERTIFY: 7 THAT THE FOREGOING HEARING WAS TAKEN BEFORE ME AT 8 THE TIME AND PLACE THEREIN SET FORTH; 9 THAT THE HEARING WAS RECORDED STENOGRAPHICALLY BY ME 10 AND THEREAFTER TRANSCRIBED THROUGH COMPUTER -AIDED 11 TRANSCRIPTION, SAID TRANSCRIPT BEING A TRUE COPY OF MY 12 SHORTHAND NOTES THEREOF AND A TRUE RECORD OF THE HEARING. 13 14 15 DATE: 7-�� 16 17 18 19 20 21 22 23 24 25 IN WITNESS WHEREOF, I HAVE SUBSCRIBED MY NAME THIS G. JOANNE BERGREN, C.S.R. CERTIFICATE NO. 6334