HomeMy WebLinkAbout1992-08-13MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, AUGUST 13, 1992
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I. CALL TO ORDER
Mayor Kelly convened the meeting at 4:00 p.m.
H. PLEDGE OF ALLEGIANCE - Councilman Buford A. Crites
III. INVOCATION - Mayor Richard S. Kelly
IV. ROLL CALL
Present:
Mayor Pro-Tempore Jean M. Benson
Councilman Buford A. Crites
Councilman Walter H. Snyder
Councilman S. Roy Wilson
Mayor Richard S. Kelly
Also Present:
Bruce A. Altman, City Manager
David J. Erwin, City Attorney
Sheila R. Gilligan, City Clerk
Ramon A. Diaz, ACM/Director of Community Development
Richard J. Folkers, ACM/Director of Public Works
Carlos L. Ortega, ACM/RDA Executive Director
Paul Shillcock, ACM/Director of Economic Development
Paul Gibson, Finance Director/City Treasurer
Wayne Ramsey, Acting Director of Code Compliance
Phil Drell, Senior Planner
John Wohlmuth, Environmental Conservation Manager
V. CONSENT CALENDAR
A. MINUTES of the Adjourned City Council Meeting of June 24, 1992, the Adjourned Joint
Meeting of the City Council and the Planning Commission of June 25, 1992, the Regular City
Council Meeting of June 25, 1992, the Regular City Council Meeting of July 9, 1992, and
the Adjourned City Council Meeting of July 13, 1992.
Rec: Approve as presented.
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B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 1, 2, 3, 4,
5, 6, 26, 27, and 27A.
Rec: Approve as presented.
C-1. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Donsyl, Inc. for Prime Time
Restaurant & Sports Lounge, 72-760 El Paseo, #D7, Palm Desert.
Rec: Refer to Department of Community Development for processing of Conditional Use
Permit.
C-2. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Juan L. Baca for JV's
Thirsty Bull, 73-460 Highway 111, Palm Desert.
Rec: Refer to Department of Community Development for processing of Conditional Use
Permit.
C-3. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by California Pizza Kitchen,
Inc. for California Pizza Kitchen, 73-080 El Paseo, Suite 8, Palm Desert.
Rec: Receive and file.
C-4. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Nancy A. Wright and Peter
Schanz for Bon Appetit, 73-640 El Paseo, #1 & #4, Palm Desert.
Rec: Receive and file.
C-5. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Chin Li Huang for Dragon
Gate, 44-491 Town Center Way #5, Suite E, Palm Desert.
Rec: Refer to Department of Community Development for processing of Conditional Use
Permit.
C-6. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Sharon R. Chittock for Great
Ideas Unitd., 75-101 Sego Lane #A2, Palm Desert.
Rec: Receive and file.
C-7. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Iris Tire and Rubber
Company for McGowan's Irish Inn, 73-340 Palm Desert Drive, Palm Desert.
Rec: Receive and file.
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D-1. CLAIM_AGAINST THE CITY f#1911 by Duane L. Wilkinson in the Amount of $149.46.
Rec: By Minute Motion, deny the claim and refer the Claimant to the contractor,
Sunshine Landscape, and instruct the City Clerk to so notify the Claimant.
D-2. CLAIM AGAINST THE CITY (#192) by Roger Horswill in an Unspecified Amount.
Rec: By Minute Motion, deny the claim and instruct the City Clerk to so notify the
Claimant.
E-1. FINAL SCHEDULE OF INVESTMENTS as of April 30, 1992, and May 31, 1992.
Rec: Receive and file.
E-2. PRELIMINARY SCHEDULE OF INVESTMENTS as of July 31, 1992.
Rec: Receive and file.
F. STATEMENT OF CASH TRANSACTIONS as of April 30, 1992, and May 31, 1992.
Rec: Receive and file.
G-1. AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS for Landscape and Irrigation
Improvements on El Paseo Medians Between Highway 74 West to Highway 111 and Portola
East to Highway 111 (Contract No. CQM).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the
subject project.
G-2. AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS for the Construction of
Ironwood Park (Contract No. C06610).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the
subject project.
G-3. AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS for 3 Gang Reel Mower and
Electric Cart for Civic Center Park (Contract No. C0662Q).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for •.he
subject project.
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G-4. AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS for Rehabilitation and
Resurfacing of Fred Waring Drive Between Highway 111 and Town Center Way (Contract
No. C06630).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the
subject project.
G-5. AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS for Replacement Vehicles for
Public Works Maintenance Division (Contract No. COLIA).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for a 3/4-
ton pickup truck, one -ton flatbed truck, and two -yard dump truck.
G-6. AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS for Design, Modification, and
Installation of Opticom Traffic Signal Preemption Equipment at Twenty -One (21) City
Intersections (Contract No. C06650).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the
subject project.
G-7. AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS for the Installation of Traffic
Signals on Cook Street and Merle Drive (Contract No. C06660).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the
subject project.
G-8. AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS for the San Luis Rey Storm
Drain Project (Contract No. C06670).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the
subject project.
G-9. AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS for the 1992-93 Street
Maintenance Repair Program (Contract No. C06680).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the
1992-93 Street Maintenance and Repair Program.
H-1. MINUTES of Economic Development Advisory Committee Meeting of July 16, 1992.
Rec: Receive and file.
H-2. NIINIJTES of Regular El Paseo Business Improvement Area Board Meeting of July 16, 1992.
Rec: Receive and file.
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I. APPROVAL of Grant of Easement for GTE California for Telephone Purposes Across Seven
City -owned Parcels.
Rec: By Minute Motion, authorize the Mayor, on behalf of the City of Palm Desert, to
execute a Grant of Easement for GTE California across City -owned parcels within
the Palma Village area.
J. RESOLUTION NO. 92-76 - A Resolution of the City Council of the City of Palm Desert,
California, Accepting Certain Real Property into the City Street System.
Rec: Waive further reading and adopt Resolution No. 92-76, accepting a portion of Cook
Street into the City street system.
K-1. RELEASE OF SUBDIVISION IMPROVEMENT SECURITY for Tract Map 24603 (U.P.
Development, Applicant).
Rec: By Minute Motion, accept the subdivision improvements as complete and authorize
the City Clerk to release the subdivision improvement securities for this project.
K-2. RELEASE OF SUBDIVISION IMPROVEMENT SECURITY for Tract Map 23940-1 (Mr.
Robert C. Varner, Applicant).
Rec: By Minute Motion, accept the subdivision improvements as complete and authorize
the City Clerk to release the improvement securities for this tract.
L. ACCEPTANCE OF WORD for Von's Driveway Modifications (Contract No. C05760).
Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file
a Notice of Completion for the subject project.
M. REQUEST FOR APPROVAL of the Utilization of California Conservation Corps on Selected
City Projects.
Rec: By Minute Motion, authorize Public Works staff to work with the California
Conservation Corps to develop specific proposals for Council approval.
N. REQUEST FOR AUTHORIZATION to Use funds from the Commercial Development Low
Income Housing Mitigation Fee Account for the One Quail Place Rent Subsidy Program.
Rec: By Minute Motion, authorize the Finance Director to release funds from the
Housing Mitigation Fee Account for use in the One Quail Place rent subsidy
Program.
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O. REQUEST FOR APPROVAL of Change Order No. 2 to Exploratory Potholes Project
(Contract No. C04750).
Rec: By Minute Motion: 1) Approve Change Order No. 2 to Contract No. C04750 in the
amount of $30,000.00, 2) authorize the transfer of $4,000.00 from The Keith
Companies design contract for the Monterey Avenue Storm Drain Project to the
account for the subject project (110-4310-433-3320).
P-1. RESOLUTION NO. 92-77 - A Resolution of the City Council of the City of Palm Desert,
California, Setting Forth its Findings and Authorizing the Destruction of Files from the
Department of Building and Safety that have been Microfilmed (April, 1992).
Rec: Waive further reading and adopt.
P-2. RESOLUTION NO. 92-78 - A Resolution of the City Council of the City of Palm Desert,
California, Setting Forth its Findings and Authorizing the Destruction of Files from the
Department of Building and Safety that have been Microfilmed (May, 1992).
Rec: Waive further reading and adopt.
P-3. RESOLUTION NO. 92-79 - A Resolution of the City Council of the City of Palm Desert,
California, Setting Forth its Findings and Authorizing the Destruction of Files from the
Department of Building and Safety that have been Microfilmed (June, 1992).
Rec: Waive further reading and adopt.
Q. REQUEST FOR EXTENSIQN OF CONTRACT NOS. C04130 AND CO2970 with
Environmental Care, Inc.
Rec: By Minute Motion, authorize a one-year extension of the following contracts with
Environmental Care, Inc.: 1) Contract No. C04130 for landscape maintenance
services for Highway 74 Frontage Road medians in the amount of $11,655.84
($971.32 per month), 2) Contract No. CO2970 for landscape maintenance services
for Fred Waring Drive, Monterey Avenue, and Town Center Way street medians
in the amount of $27,224.16 ($2,268.68 per month).
R. REQUEST FOR APPROVAL of College of the Desert Rotating Exhibit Program.
Rec: By Minute Motion, approve the continuation of the College of the Desert rotating
sculpture exhibit program for an amount not to exceed $5,000.00 from Account No.
436-4650-454-4001.
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S. REQUEST FOR APPROVAL of the Fabrication of Five (5) Coyote Benches by Ben Watling
(Contract No. C06690).
T.
Rec: By Minute Motion, affirm the recommendation of the Civic Arts Committee and
approve the fabrication of five (5) coyote benches in an amount not to exceed
$9,000.00 from Account No. 436-4650-454-4001.
LETTER OF RESIGNATION from Beverly Carpenter from the El Paseo Business
Improvement Area Board.
Rec: Receive with sincere regret.
U. REQUEST from Coachella Valley Mexican American Chamber of Commerce for Resolution
in Support of the Coachella Valley Center of the California State University, San Bernardino.
Rec: Waive further reading and adopt Resolution No. 92-80 in support of the Coachella
Valley Center of the California State University, San Bernardino.
LG l t tic FROM PALM DESERT CHAMBER OF COMMERCE Relative to a Regional
Business Assistance Center in the Valley.
Rec: By Minute Motion, refer to the Economic Development Committee.
W. REQUEST FOR WAIVER OF LATE PENALTIES FOR DESIGNER GALLERY.
Rec: By Minute Motion, deny the request.
V.
Councilmember Benson removed Items L and N for separate discussion under Section IX, Consent
Items Held Over, of the Agenda. Councilman Wilson also removed Items H-1, P-1, and W for
separate discussion.
Upon motion by Wilson, second by Snyder, the Consent Calendar, with the exception of Items H-1,
L, N, P-1, and W, was approved as presented by unanimous vote of the City Council.
VI. ORAL COMMUNICATIONS - A
PASTOR STEVE YOUNGREN, Valley Christian Assembly, 73-979 Fred Waring Drive, addressed
the Council relative to the food distribution program in Palm Desert. He said approximately 50
families had been helped by the program already, and he expressed his appreciation to the City for
its support.
MS. PAT MALDONADO, 74-270 Goleta, Palm Desert, spoke as a representative of the Palm
Desert Middle School Parent-Teacher Association. She reviewed the packet of information she had
previously distributed to Council, noting that there had been no sports program in the 1991/92
school year due to budget cuts. She said there were approximately 1100 students between the ages
of 11 and 14, and she felt strongly that there was a need to offer these students something
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constructive to do after school each day. She said school lets out at 1:55 p.m., and most of the
students then have unstructured time until their parents get home. She asked for Council's financial
contribution of $10,000, noting that the sports program as outlined in her packet would cost each
of the middle schools in the Desert Sands District approximately $20,000 to cover payment to
coaches, athletic directors, officials, equipment, buses, etc. She said they would be asking each
of the cities served by the Desert Sands Unified School District to contribute the same but said they
wanted to ask Palm Desert first in the hope that it would be an example to other cities.
Mayor Kelly stated that Council could not take action on this request at this time but would refer
the matter to the Charitable Contributions Committee for review and recommendation. He added
that someone from staff would contact her regarding this request.
VII. RESOLUTIONS
None
VIII. ORDINANCES
For Introduction:
A. ORDINANCE NO. 688 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, ADDING TITLE 24, ENVIRONMENT AND
CONSERVATION, AND ADDING CHAPTER 24.04, WATER EFFICIENT LANDSCAPE
ORDINANCE, TO THE PALM DESERT MUNICIPAL CODE.
Mr. Altman stated that Mr. Ed Kibbey of the Building Industry Association had requested
that this be held until the 7:00 p.m. portion of the meeting so that he could speak to the issue.
Councilman Crites moved to continue this matter to 7:00 p.m. Motion was seconded by Benson
and carried by unanimous vote of the Council.
B. ORDINANCE NO. 689 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, ESTABLISHING CHAPTER 24.08, TRAFFIC DEMAND
MANAGEMENT REQUIREMENTS FOR SPECIFIED NEW DEVELOPMENT PROJECTS,
OF THE PALM DESERT MUNICIPAL CODE.
Mr. Wohlmuth reviewed the staff report and offered to answer any questions.
Councilman Wilson stated that yesterday the Riverside County Transportation Commission
extended the deadline to December for this; however, he said he felt Palm Desert's staff was
ahead of most cities and should be the first to adopt such an ordinance.
Councilman Wilson moved to waive further reading and pass Ordinance No. 689 to second reading.
Motion was seconded by Snyder and carried by unanimous vote.
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For Adoption:
None
IX. CONSENT ITEMS HELD OVER
H-1. MINUTES of Economic Development Advisory Committee Meeting of July 16, 1992.
Rec: Receive and file.
Councilman Wilson stated that he and Councilman Snyder served as liaison to the Economic
Development Advisory Committee, and at its last meeting, the members recommended to the
Council that Palm Desert be among other cities participating in a regional business assistance
center program in the amount of $15,000. He asked if Council wished to hear a report at this
time.
Mr. Altman responded that staff would ask Mr. Terry Green from College of the Desert to
make a presentation at the next Council meeting.
Councilman Wilson moved to receive and file the Minutes of the Economic Development Advisory
Committee Meeting of July 16, 1992. Motion was seconded by Crites and carried by unanimous vote.
L. ACCEPTANCE OF WORK for Von's Driveway Modifications (Contract No. C05760).
Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file
a Notice of Completion for the subject project.
Councilmember Benson congratulated Mr. Folkers on eight years of trying to get a driveway
at the Von's shopping center.
Councilman Wilson also complimented Benson for her eight years of perserverance in getting
this done.
Councilmember Benson moved to, by Minute Motion, accept the work as complete and authorize
the City Clerk to file a Notice of Completion for the subject project. Motion was seconded by Wilson and
carried by unanimous vote.
N. REOUEST FOR AUTHORIZATION to Use funds from the Commercial Development Low
Income Housing Mitigation Fee Account for the One Quail Place Rent Subsidy Program.
Rec: By Minute Motion, authorize the Finance Director to release funds from the
Housing Mitigation Fee Account for use in the One Quail Place rent subsidy
program.
Councilmember Benson questioned how people in this development were being subs;Li:zcd at
this time.
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Mr. Drell responded that most of it was from the 20% set aside funds. He said this would
allow us to use funds from the Commercial Development Low Income Housing Mitigation
Fee Account to subsidize employees who work in those businesses that are generating those
funds.
Benson asked how many people we are helping, and Mr. Drell responded that there were
approximately 280 households at this time, with priority being for those people who work in
Palm Desert. He added that the Housing Authority made those determinations and that staff
would initiate an audit in the near future to go over the entire program.
Councilmember Benson moved to, by Minute Motion, authorize the Finance Director to release
funds from the Housing Mitigation Fee Account for use in the One Quail Place rent subsidy program.
Motion was seconded by Wilson and carried by unanimous vote.
P-1. RESOLUTION NO. 92-77 - A Resolution of the City Council of the City of Palm Desert,
California, Setting Forth its Findings and Authorizing the Destruction of Files from the
Department of Building and Safety that have been Microfilmed (April, 1992).
Rec: • Waive further reading and adopt.
Councilman Wilson stated that Council had authorized purchase of a scanner as part of the
new computer system, and he asked where we stand on doing away with microfilming o:
records and scanning them into the computer instead.
Mr. Gibson responded that the scanner equipment had not yet been received because it is
being upgraded by IBM. He added that we are looking at December before bringing it on
board.
Councilman Wilson suggested that staff look into the possibility of scanning documents being
more cost effective than microfilming.
Councilman Wilson moved to waive further reading and adopt Resolution No. 92-77. Motion was
seconded by Benson and carried by unanimous vote.
W. REQUEST FOR WAIVER OF LATE PENALTIES FOR DESIGNER GALLERY.
Rec: By Minute Motion, deny the request.
Councilman Wilson said he felt that in this economy, the Council should be more
compassionate and that in cases such as this, it should not be so hard-nosed on waiving late
penalties.
Councilman Crites said he understood Wilson's concerns; however, according to the staff
report, this particular business was six months late, with no explanation. He expressed
concern that if we waive the penalties for this business, what procedure will we have in the
future when other people decide not to pay their fees until they are late.
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Councilman Wilson said he felt these situations should be considered on a case by case basis.
He said there were a lot of businesses in the same boat, and many of them are closing their
doors in the City because of the economy.
Mayor Kelly said he felt it was good to be compassionate, but he expressed concern that we
might end up setting different fees for different people.
Councilman Wilson moved to, by Minute Motion, approve the request and waive the late penalties
for Designer Gallery. Motion died for lack of a second.
Councilman Crites moved to support staffs recommendation and, by Minute Motion, deny the
request. Motion was seconded by Snyder and carried by a 4-1 vote, with Councilman Wilson voting NO.
X. NEW BUSINESS
A. CONSIDERATION OF AN APPEAL TO A DECISION OF THE ARCHITECTURAL
REVIEW COMMISSION CONCERNING AN AWNING AT STEVE BRENNEN
GALLERY OF FINE ART, 73-080 EL PASEO, SUITE NOS. 3 AND 4, CASE NO.
3074SA (DAVID A. FLETCHER FOR STEVE BRENNEN, APPELLANT).
Mr. Drell reviewed the staff report, noting that the Architectural Review Commission felt the
awning would block adjacent businesses and that although it met the criteria for a marquee
awning, it went beyond the intent of a marquee awning. He said the applicant felt the awning
location was appropriate and would be beneficial to other tenants in the center because it
would draw pedestrian traffic. He added that staff recommended approval of the awning.
Councilman Crites asked whether the Architectural Review Commission felt the awning did
not fit within the parameters set by the Council, and Mr. Drell responded that the
Commission only approves this type of awning in special circumstances.
Councilmember Benson commented that in driving up and down El Paseo, there seemed to
be one of this type of awning in every block, and not all of them have come to Council for
approval. She said she could support the awning but not with the navy blue color, which
would do nothing but fade. She said she would want it to be more compatible with the
building.
MR. FRED FERN, 49-591 Canyon View Drive, spoke as the owner of El Paseo Collection
and said he supported the awning on the building.
MR. STEVE BRENNEN, owner of The Gallery, said they were not adamant about the blue
color and that he was sure they could come up with something compatible. He said they had
come before the Council in October of 1990 about putting in an awning; Council approved
one marquee awning on the building as long as it was placed in a suitable location. He said
they were very conscious of doing something right, and he added that they had support from
other businesses in the area.
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Councilman Crites stated that the Minutes of the Architectural Review Commission reflected
Commissioner Rick Holden's concerns about the posts of the awning extending out to the
curb and his suggestion of the awning extending to the first set of columns and cantilevered
off that instead of coming all the way out to the street.
Mayor Kelly responded that he had gone and looked at this area. He said there were a lot
of palm trees on the curb and that he did not see what harm posts could do if they were lined
up with the palm trees. He said he felt it would be ludicrous to put them anywhere else.
With regard to the color of the awning, he said he liked the blue.
Upon question by Councilmember Benson, Mr. Fletcher said he would be willing to change
the color of the awning but asked Benson what her preference would be.
Councilmember Benson said she felt it should be something that blends with the building,.
She said there were some softer colors that she felt would look better and would blend in.
Councilmember Benson moved to, by Minute Motion, approve the appeal and reverse the decision
of the Architectural Review Commission, with the condition that the color of the awning be made more
compatible with.the building. Motion was seconded by Crites.
Councilman Wilson stated that he liked the blue; however, he noted that Architectural Review
Commission Frank Urrutia was in the audience, and he asked him to address the issue of the
awning.
Mr. Urrutia stated that the Commission did discuss alternatives and felt it had reached a
reasonable compromise. The only reason it denied the awning was to allow the applicant to
appeal it to the Council. Upon question by Mayor Kelly regarding why the Commission has
problems with this type of awning, Mr. Urrutia stated that they potentially block other
awnings or signs adjacent to them.
Mayor Kelly stated that he felt this type of awning should still be limited to one or two per
block and that they added a lot of class to El Paseo.
Mayor Kelly called for the vote, and the motion carried by unanimous vote of the Council.
B. LETTERS OF PROTEST RELATIVE TO THE ADOPTION OF COUNTY ORDINANCE
NO. 567 REGULATING FOOD HANDLERS (CITY COUNCIL ORDINANCE NO. 685).
Mr. Ramsey reviewed the staff report, noting that according to the Health Department, there
were only three cities in Riverside County that did not have an approved food handlers
ordinance. He stated that attached to the report was a copy of the County booklet that is
given to individuals to read and on which they are then tested. He said staff's
recommendation was that the request be denied.
Councilmember Benson moved to, by Minute Motion, deny the request. Motion was seconded by
Snyder and carried by unanimous vote of the Council.
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C. REQUEST FOR APPROVAL OF AGREEMENT NO. CQ§2QQ WITH COOK PARTNERS
LIMITED AUTHORIZING THE CITY AND THE REDEVELOPMENT AGENCY TO
ENTER INTO A SIX-MONTH EXCLUSIVE RIGHT TO NEGOTIATE AGREEMENT FOR
SECTION 4.
Mr. Ortega noted that this item was also on the Redevelopment Agency Agenda and should
be considered as a joint item.
Chairman Kelly convened the Redevelopment Agency meeting at 4:55 p.m.
ROLL CALL
Present:
Vice Chairman Jean M. Benson
Member Buford A. Crites
Member Walter H. Snyder
Member S. Roy Wilson
Chairman Richard S. Kelly
Mr. Ortega reviewed the staff report, noting that this agreement would bind the developer to
perform certain financial feasibility studies, environmental studies, and planning studies for
the development of approximately 495 acres in Section 4, with the City and the Agency to
deal exclusively with the developer during that 180 days. If the evaluation proves that the
project would be financially feasible, then the City, the Redevelopment Agency, and the
Developer would negotiate a Disposition, Development, and Implementation Agreement for
the project.
Councilman/Member Wilson stated that in the letter from the applicant is reference to
residential units of seven stories. He asked whether entering into this agreement would give
any tacit approval or commitment to the specifications in the letter.
Mr. Ortega responded that such specific approvals would not be requested until the project
goes through the public hearing and environmental impact report process.
Mayor/Chairman Kelly stated he would like to go on record as not looking favorably on
seven stories, and he said he could not see how the developer could do anything to make h i m
change his mind on that issue. In addition, he said the reference to selling our interest at a
later date did not sound like a good thing to him. He was also concerned about the golf
course, who would control it, and how it would be used by the public, and he felt it as
essential that the City control and own the golf course. He said he did not look favorab:N., on
time shares and did not see how that would fit in with the City's not getting any time ••: re
programs.
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Mr. Altman stated that the time share would be a continuance of the existing time share
program by the Marriott Corporation, which has been very successful, and they would make
it their world-wide headquarters.
Mayor/Chairman Kelly also expressed concern that the rendering showed a lot of buildings
along Country Club Drive, and he said he would not want to see any other developments
similar to that along Highway 111 where the Rusty Pelican restaurant is. He said he felt it
was one of the worst looking in the City.
Councilmember/Member Benson moved to, by Minute Motion, approve the agreement and
authorize the Mayor and Chairman to execute same. Motion was seconded by Wilson and carried by
unanimous vote of the Council and Agency Board.
D. REOUEST FOR CONSIDERATION of Civic Center Signage/Entryway Signage.
Mr. Altman noted that this should also be considered jointly with the Redevelopment Agency.
Mr. Ortega reviewed the staff report and background of this signage, noting that the request
was that the Council/Agency Board rescind the previous approval of a contract for Civic
Center Park signage and instead consider a different sign proposal this evening by Mr.
Michael Watling. If after the presentation the Council/Agency Board made a determination
to proceed on an alternative sign proposal from the one previously awarded, staff would
recommend recission of the previous approval and award of a contract to Mr. Watling.
Mr. Erwin stated that the staff report included a memorandum from him which was prepared
prior to any discussions with Mr. Watling. He said there were two contracts currently
outstanding which were being discussed at this time. One contract was for $117,965 for the
Palm Desert entryway signs and had been signed; the other had been approved by Council
in the amount of $35,000 and had not yet been signed.
Mr. Wohlmuth stated that the City currently had a contract (approximately two and a half
years old) with Rock and Waterscape for ten street name signs and one City entryway sign
designated to be placed at the southerly City limits on Highway 74. He said approximately
$60,000 of this contract had been paid for the street name signs to be placed along Highway
74; the remaining amount of the contract had not yet been paid and was for the entryway
sign, which had not been started yet except for some engineering work.
Councilman/Member Wilson questioned the legality of accepting the street signs completed
and cancelling the remainder of the contract.
Mr. Erwin responded that there was some potential exposure if Council wished to get out of
that contract. He added that it was his opinion that a portion of Mr. Watling's program was
a public work and is required to go to public bid because of the directional aspect of the
signs. He said he had discussed this with Mr. Watling, and he understood this concern and
was prepared to have it as an element that goes out to public bidding. He said this was the
only portion that would require public bidding, and the rest would fall within the category
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of art. He added that as of today, the City is being subjected to a review of the Washington
School fence by the State Department of Industrial Relations because the contract did not go
to public bid and they did not know whether or not prevailing wage was paid on the project.
Mayor/Chairman Kelly suggested that the Council/Agency Board first consider the Civic
Center signage contract for $35,000, which had been awarded but not signed.
MR. MICHAEL WATLING stated that what he had designed was public art that has signs
on it, not signs with public art on them. He said in discussions with Mr. Erwin, they came
up with the idea that he would do the monument and carving, with the engraving of the
lettering of the signs to go out for public bid. He showed a maquette of his proposed art and
explained how the figures would be fabricated. He said he was proposing to make signs for
every application that was included in the other proposal except for the lettering.
Councilman/Member Wilson stated he felt the previous sign program was nice and that he
had seen similar programs in many parks throughout Southern California; however, he said
he liked Mr. Watling's program and felt it made a statement that Palm Desert is unique and
not just like every other city and community.
Ms. Sass clarified that there were two items that could easily be bid upon, the lettering and
the lighting, neither of which would be considered art. She said the Art -In -Public -Places
(AIPP) and Civic Arts Committees recommendation for approval was conditional that the
specific graphics would go back to AIPP because they are not determined at this time. In
addition, the precise lettering would be looked into later. Upon question by Kelly, she said
Mr. Watling would have to come back with exactly what the art would be on each sign and
receive approval. She noted that Mr. Watling's entire proposal was based on the work that
was done by the design consultant as far as where the signs will be placed, what they need
to say, how many there need to be, etc.
Councilman/Member Crites stated that as liaison to AIPP, he felt uncomfortable because Mr.
Watling has been a friend of his for a long time; therefore, he had deliberately not attended
the meetings where this was presented and discussed. He agreed with Wilson and said if
there needs to be signage, he would like it to be something that is not everywhere else. He
said he felt this program was unique.
Councilmember/Member Benson stated she also liked the program and felt it would add a
different dimension to the Civic Center Park instead of having the typical park signs that ca
be bent and/or torn down.
Upon question by Mayor/Chairman Kelly, Mr. Erwin responded that he did not feel this
could be considered a single -source provider and that sandblasting in the stone was something
he felt others could also do.
Councilman/Member Crites suggested that the Council conceptually approve the program and
direct staff to look at the existing contract and what the options are rather than trying to
figure out sole source, etc. He added that this would also give the artist and the committee
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a chance to come back and see if there are other issues about how this will look in a larger
scale.
Mayor/Chairman Kelly said he felt strongly that this program was so much better than just
having the typical signs in the park and that it was an opportunity for the City to make a
statement and do something with a lot of class. He said he would like to see Council approve
the program and talk to the other contractor because it was his understanding that no expense
had been incurred yet. He said he saw no reason why we cannot negotiate with the
contractor.
Mr. Altman agreed with Crites and said he felt the artist should be asked to prepare a large
form that we can see. He said the Civic Center Steering Committee looked at this also and
had a different recommendation --that it be done on a smaller scale to begin with to see what
it really looks like.
Councilman/Member Wilson asked whether the artist would be able to do the engraving on
site if he provided the monument and artwork without signage and then won the bid for the
lettering. Mr. Watling responded that it could be done but that it would be msessy. He said
the most economical way to do it would be at a shop. He said that if the placement of the
signage goes out to bid and is awarded to someone else he would ask that the job be bid so
that he could come and oversee that placement.
Councilman Wilson moved to approve the project and to direct staff to work out the legalities
the appropriate bidding process of the public works portion of the contract and also direct staff through the
City Attorney to notify the appropriate parties that the nonexecuted contract for signage will not be executed.
Councilmember Benson seconded the motion, and it carried by unanimous vote.
Entryway Signs
Mr. Watling gave a presentation on the City entryway signs, noting that they could be placed
at all of the entrances to the City for less than $117,000.00.
Councilman Wilson moved to direct the City Attorney and the City Manager to investigate how
we might make a shift to something more compatible to the newly approved Civic Center signage program,
one far more aesthetically pleasing. Councilman Crites seconded the motion, and it carried by unanimous
vote.
F. INFORMATIONAL ITEMS:
1. Palmer CableVision Update.
Mr. Ortega noted there was a report in the packets and offered to answer any
questions.
Councilman Wilson stated that the Mayor had received a letter from Congressman
McCandless relative to a House bill that passed reregulating cable. In that letter it
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% s s s s s s s *** s$
indicated that in addition to local channels, basic service would also include the super
channels such as Ted Turner's station, etc. He asked whether that was currently in
Palmer's basic service or if it was sold as the enhanced service.
Mr. Ortega responded that some channels that are considered as basic service;
however, other channels such as HBO, Cinemax, Disney, etc. are considered to be
premium channels and cost the customer an additional amount of money.
Councilman Wilson questioned the channels that were in the middle, such as ESPN.
Mr. Ortega responded that they were are more expensive basic, but the City can still
regulate them. He said the only channels we do not have the authority to regulate are
those premium channels.
2. Status of Multi -Agency Library.
Mr. Altman stated that this matter would be discussed later as a separate Agenda item.
XI. CONTINUED BUSINESS
A. REQUEST FOR CONSIDERATION OF PALMER CABLEVISION STATION LOCATION
CHANGE (CONTINUED FROM THE MEETING OF JULY 9, 1992).
Mr. Ortega stated that specific channel alignment was one of the exhibits to the franchise
agreement and that Palmer Cablevision had already gone ahead and changed the alignment
as requested in the staff report. He said staff was requesting Council's authorization so the
exhibit can be changed to match the station location change.
Councilman Snyder moved to, by Minute Motion, approve a new exhibit to the City's Franchise
Agreement with Palmer Cablevision regarding station location changes for TNT, Showtime, The Disney
Channel, CNN Headline News, and The Discovery Channel. Motion was seconded by Benson and carried
by uanimous vote of the Council.
XII. OLD BUSINESS
A. REQUEST FOR CONSIDERATION OF PROPOSED SIERRA NOVA ASSESSMENT
DISTRICT.
Mr. Ortega reviewed the staff report and offered to answer any questions.
Councilman Wilson moved to waive further reading and adopt Resolution No. 92-81, appointing
and designating persons to perform various duties in connection with special assessment proceedings for
Assessment District No. 92-1. Motion was seconded by Snyder and carried by unanimous vote.
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B. CONSIDERATION OF REQUEST FROM RAYMOND HUNTER FOR REIMBURSEMENT
FOR COST OVERRUN ON CONTRACT NO. C05040.
Mr. Altman stated that Mrs. Gilligan and Ms. Sass had worked for quite some time on a
settlement with the artist. He recommended that the Mayor be authorized to sign the
settlement subject to approval by the City Attorney.
Councilman Crites moved to, by Minute Motion, approve the agreement reached between the artist
(Raymond Hunter) and staff for payment of overages on contract #C05040, subject to approval by the City
Attorney. Motion was seconded by Snyder and carried by unanimous vote.
C.
REQUEST FOR APPROVAL OF THE REMOVAL OF THE TAMARISK TREES ON THE
WEST SIDE OF THE SPORTS FIELDS.
Mr. Altman noted the staff report in the packets and offered to answer questions.
Councilman Crites moved to, by Minute Motion, approve the request and direct staff to replace
the Tamarisk trees with Pinus eldarica or Mondell Pine. Motion was seconded by Snyder and carried by
a 4-0-1 vote, with Councilman Wilson voting NO.
D. REQUEST FOR APPROVAL IN CONCEPT OF COOPERATIVE AGREEMENT
(CONTRACT NO. C0671Q) FOR THE CONSTRUCTION OF THE JOINT LIBRARY
BUILDING.
Mr. Altman noted that this should be considered as a joint City Council/Redevelopment
Agency item.
Councilman/Member Crites stated that he felt there were some issues that still needed to be
explored as follows:
1) One thing not talked about and one reason why the Palm Springs Library is viewed
as an excellent public library is the fact that it is the only place in the Valley that has
access to government documents. He said he saw nothing in the agreement indicating
any interest in doing this.
2) Page 2 of the agreement refers to College of the Desert's policy regarding public use
of books. He said we should make that compatible with County policy so people have
full use of both parts of the library.
3) On page 3 and all through the agreement, there is reference that attempts will be made
to "minimize duplication". He said he wanted to stress this issue. If we don't
minimize an enormous amount of the duplication, we might as well go out and build
two or three different libraries.
Mayor/Chairman Kelly stated he saw a stipulation that people must be students to use
certain items in the College library.
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Crites responded that this was what he was talking about and that he felt those policies
should be even across the board to make sure everyone has access to everything in the
library.
4) Page 9 indicates different hours of the day in which the two libraries will be open as
well as different holidays. He said he felt there should be a strong attempt to make
sure hours and days are the same for both parts of the library.
5) Page 11 makes reference to some time in the future going on-line with access to the
Cal State and other systems. He said he felt this library should be able to access
everything that is found in the National archives.
6) Page 13 refers to a number of seminar rooms where only two or three people will fit.
He felt this should be looked at again because it did not make a lot of sense to have
so many rooms that can be used for only a few people at a time.
7) On page 14 regarding the story room for children, he felt the wording should be
changed to reflect "primarily" to be used for children instead of "exclusively" because
there may be other things that room could be used for.
8) On page 4 he said he noticed that the steering committee from the College does not
have on it any members of the faculty.
Crites said that he would also like to explore the ramifications of the amendment proposed
from Planning Director Ramon Diaz which would cut $400,000 from the building fund. He
said he understood that this was to be a Redevelopment Agency project and not a City
project, but if this $400,000 will detract from what we get when we build this facility, he felt
it was a small amount of money to make sure we get what we want.
Mr. Altman responded that he had discussed this with Mr. Ortega and what we could do is
backfill with RDA money. He added that the City money was always front money.
Mr. Ortega added that in the project, there were certain people who would contribute certain
amounts of money. He said staff would be going back and looking at the budget with the
College and see who comes up with more money.
Councilmember/Member Benson asked whether it was set in stone that the library would be
so far back off San Pablo that it looks like part of the College of the Desert campus instead
of a City library. She said she felt this would intimidate people from going to the library and
that something should be done to change it and bring it out so it looks like a public library
and is more accessible to our citizens.
Councilman/Member Wilson responded that this was something that could be handled by the
architect with direction from the Council. He added that he was pleased to see all the work
that has been done since the last time the library was discussed, and he commended e' e r` one
involved.
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Councilman/Member Wilson moved to, by Minute Motion, approve the subject agreement in
concept between the City of Palm Desert, the Palm Desert Redevelopment Agency, the County of Riverside,
and the Desert Community College District. Motion was seconded by Crites and carried by unanimous vote.
E. REQUEST FOR CONSIDERATION OF THE ANNEXATION OF PALM DESERT
COUNTRY CLUB TO THE CITY OF PALM DESERT.
Mr. Altman requested that this matter ve continued to the next meeting so that staff could
obtain some additional information for the Council.
Councilman Crites stated that at this point we would be looking at a multi -million dollar red -
ink bath on this annexation. If there are issues that can make that less likely to be so, he said
he would like for staff to have the time to look at ways to make this less likely to be fiscally
costly.
Councilman Wilson said he felt the report was a good one and recommended that we move
forward but work with the County to try and recover that money through a larger share of
the property tax, and he said he saw no problem moving forward in that direction.
Mr. Altman stated that he had several concerns with moving forward at this time, including
the need to form a project area, the issue of fire and police protection, the issue of additional
property tax from the County, and approximately $22 million in needed repairs to streets, etc.
Councilman Wilson noted that the first recommendation was that staff be directed to prepare
a resolution to commence annexation, and the additional information mentioned by Mr.
Altman could be brought back at the same time the resolution is brought to Council for
consideration. If at that time staff comes back and says there is no way we will get the
additional money, etc., then we will not begin the annexation process. He added that it had
been more than a year since the Council asked that this be started.
Councilman Crites said he felt there was no need to take staff time to prepare a resolution
until we have some idea of what the fiscal implications are.
Mayor Kelly stated that this had been taking a long time, and he felt it was not fair to the
people in Palm Desert Country Club for the Council to drag its feet for so long.
Councilmember Benson said it was her understanding that just preparing a resolution was not
making a commitment one way or the other but was just to get the process started.
Councilman Crites moved to, by Minute Motion, direct staff to: 1) Prepare a resolution to
commence annexation of the Palm Desert Country Club area as outlined in the staff report, 2) begin to
negotiate with the County of Riverside to obtain a greater portion of the property tax to enable the City to
handle the problems of needed infrastructure, with the understanding that these were staff in-house items
and with the intent that it come back to Council for further consideration. Motion was seconded by Snyder
and carried by unanimous vote of the Council.
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F. REQUEST FOR APPROVAL OF ADDITIONAL PAYMENT AND APPROPRIATION FOR
PEOPLE MOVER DEMONSTRATION PROGRAM (CONTRACT NO. C06510).
Mr. Altman noted the staff report in the packets and recommended approval.
Councilman Wilson moved to, by Minute Motion, authorize the payment of $5,283.04 to The Barry
Goodman Corporation (Contract No. C06510) and appropriate such amount from Account #110-4130-411-
3010 for services rendered under the agreement. Motion was seconded by Snyder and carried by unanimous
vote.
G. REQUEST FOR AWARD OF BID FOR THE PURCHASE OF SIX CITY VEHICLES.
Mr. Wohlmuth reviewed the staff report and recommendation and offered to answer any
questions. Upon question by Councilman Wilson, Mr. Wohlmuth explained the method used
to determine the number of vehicles that should be purchased for the City's fleet.
Councilman Wilson stated that a number of manufacturers were moving 1993 vehicles into
the flex fuel availability, and he asked whether staff had looked into this option and the loan
program available through the State for alternative -fueled vehicles.
Mr. Wohlmuth responded that for the first flexible fuel vehicle, the City would have had to
make a commitment at the beginning of 1992 in order to obtain it. The second vehicles
available were the Ford Taurus cars, which would be available in November; however, they
needed a commitment at the beginning of the summer for their purchase, and the City was
not prepare to make that commitment. He said he had spoken with the State of California
about the availability of future flex vehicles and indicated the City of Palm Desert would be
interested at a later date. He added the only methanol fuel station currently in the Coachella
Valley would be at the corner of Country Club and Washington.
Councilman Wilson stated that if the City is going to go in that direction, we might want to
consider having our own fueling tanks since the fuel can be obtained fairly reasonably through
the State for less than S.80 per gallon. Mr. Wohlmuth that this was something that was being
looked at for the corporation yard.
Count lmember Benson stated that while she was not objecting to the vans, she did not think
it was necessary to have a Chrysler and that instead we should have something in the Buick
or Chevrolet type category. Mr. Wohlmuth responded that staff had selected the least priced
vehicle in each category.
Mayor Kelly agreed that the Chrysler might give the wrong image and that perhaps we should
be looking at the Dodge Spirit and the Plymouth Acclaim instead of the Chrysler.
Upon question by Wilson as to how long Council has to award this bid, Mr. Wohlmuth
responded that bidders were advised that staff would notify them within a week; beyond that
week, they have no commitment to sell the vehicles to the City.
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Mayor Kelly added that he would like to see how the City could obtain a four passenger golf
cart for use in the Civic Center Park. Councilman Wilson added that it could also be used
for staff to go back and forth to CVAG, and Benson agreed that it was an excellent idea.
Councilman Snyder suggested that the City purchase two Ford Aerostar vans and one
Chevrolet Caprice to begin with and see how they work before purchasing others.
Councilman Wilson added that he felt with the way the economy it is now, if the City
purchased fewer vehicles now and wanted a month from now to buy three more, we could
probably get comparable prices.
Councilman Crites moved to, by Minute Motion, approve the purchase of two Ford Aerostars, one
Chevrolet Caprice, one Chevrolet Lumina, one Oldsmobile Cutlass Cierra Sedan, and one Dodge Spirit.
Motion was seconded by Benson and carried by a 3-2 vote, with Councilmen Snyder and Wilson voting NO.
XIII. REPORTS AND REMARKS
These Items were discussed following completion of the Public Hearings.
A. CITY MANAGER
1. Deferral of City Fees for 72 Senior Apartment
Mr. Altman asked that this be added to both the City Council and Redevelopment
Agency agenda.
Councilman/Member Crites moved to add this item to both the City Council and Redevelopment
Agency agenda for discussion. Motion was seconded by Snyder and carried by unanimous vote.
Mr. Ortega reviewed the staff report, noting that this project would be built on the
City -owned land next to the Joslyn Cove Communities Senior Center. He said when
appraisal of the property was done, the value of the land was not considered, and the
appraisal amount was not, therefore, high enough to provide enough construction loan
funds for all the costs. He requested that $30,000 in City fees be deferred until the
earlier of an increased construction loan or close of escrow upon sale of the project
to the Housing Authority. He added that assurance would be made that upon close
of escrow, the City will be paid the fees plus appropriate interest.
Councilman/Member Wilson moved to, by Minute Motion, authorize the deferral of City fees for
the 72 senior apartments to be paid at the earlier of an increased constructin loan or the close of escrow
upon sale of the project to the Housing Authority. Motion was seconded by Crites and carried by
unanimous vote.
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2. Request for Approval of Parcel Map 26994
Councilman Snyder moved to add this item to the Agenda for consideration. Motion was seconded
by Crites and carried by unanimous vote.
Mr. Folkers reviewed the staff report and recommendation.
Councilman Wilson moved to waive further reading and adopt Resolution No. 92-8$, approving
Parcel Map 26994. Motion was seconded by Snyder and carried by unanimous vote of the Council.
B. CITY ATTORNEY
None
C. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Councilman Crites stated that he and Councilmember Benson felt there might be
a potential long-term problem with regard to the many organizations providing
park and recreation programs, including the YMCA, Recreation and Park
District, and DYSO and requesting funding from the City for these programs.
He noted that the Redevelopment agenda included a request for a change order
to the contract for the recreation building for addition of Police Athletic League
offices; in addition, there was a request at this meeting from the Palm Desert
Middle School for funding.
With Council concurrence, he asked that staff be directed to come up with a comprehensive
program to address all of these types of requests.
2. Councilman Crites asked that in the future when a matter comes to Council after
it has been reviewed by the Architectural Review Commission, Planning
Commission, etc., that staff provide not just the minutes reflecting the decision
of that particular committee or commission but also data showing the rationale
used to arrive at that decision. He said he felt this would assist the Council in
its decision -making process.
3. Councilmember Benson asked that an item be added to the Agenda relato. e to
honoring two Palm Desert citizens.
Councilman Crites moved to add this item to the Agenda for consideration. Motion v.as
seconded by Benson and carried by unanimous vote.
Councilmember Benson stated that two Palm Desert citizens had acted A;th
bravery recently when two separate crimes were occurring in Palm Deser. 1 .:'e
23
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of them helped prevent a robbery on El Paseo; the other was the Sparklett's
driver who stopped the robber on Monterey Avenue.
Councilmember Benson moved to, by Minute Motion, direct staff to place this item on the
Agenda for the September 10, 1992, City Council meeting to honor the two Palm Desert citizens who
reacted with bravery and total selflessness when two separate crimes occurred in Palm Desert. Motion was
seconded by Wilson and carried by unanimous vote.
o City Council Committee Reports:
None
XIV. ORAL COMMUNICATIONS - B
None
Councilman Wilson moved to adjourn to Closed Session at 6:30 pursuant to Government Code
Section 54956.9 (a), Existing Litigation (Rojo v. Palm Desert, Rancho Mirage Industrial v. Palm Desert,
Levald v. Palm Desert), (b), Threatened Litigation, and (c), Pending Litigation. Motion was seconded by
Kelly and carried by unanimous vote.
Mayor Kelly reconvened the meeting at 7:00 p.m.
XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
A. ORDINANCE NO. 688 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, ADDING TITLE 24, ENVIRONMENT AND
CONSERVATION, AND ADDING CHAPTER 24.04, WATER EFFICIENT LANDSCAPE
ORDINANCE, TO THE PALM DESERT MUNICIPAL CODE.
Mr. Wohlmuth reviewed the staff report, noting that the ordinance was modeled after the
State water efficient landscape ordinance with modificatinos applicable to the City of Palm
Desert. Ne noted that a letter had been received from the Sunrise Company (on file and of
record in the City Clerk's Office) asking that the ordinance be amended to allow credits or
exemptions for developers that use recycled water. He said he had talked to representatives
at the Coachella Valley Water District (CVWD) and that language would be added to the
ordinance to address this. He added that meetings had also been set with CVWD to
coordinate the application process between it and the City of Palm Desert so that only one
application would need to be made.
MR. ED KIBBEY, 77-564 Country Club Drive, representing the Building Industry
Association (BIA), said he felt the ordinance was a duplication of effort because the CVWD
had been doing this for years. He said he had addressed the City of Indian Wells and the
Council had put the matter on hold until staff can meet with the CVWD and discuss the issue.
24
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Councilman Crites said he felt the cause and effect had been turned backwards. He said the
CVAG Energy & Environment Committee had spent a number of years on landscapng, water,
etc., and the only reason the CVWD had any interest in this at all was because some cities
had pushed the issue along. He said CVWD had been very good about supplying water but
not about minimizing the use of water, and he felt this ordinance was a very positive step in
doing that. He said Council was being asked to introduce the ordinance at this time; if there
are things that need to be changed, that can be done between now and second reading of the
ordinance on September 10, 1992.
Councilman Wilson said he felt staff needed to look at the issue raised by Mr. Kibbey about
the ordinance being a duplication of effort. He said he would be in favor of continuing the
matter for a month and asking staff to meet with the CVWD and the BIA to come to an
agreement where the application process would be done through the City of Palm Desert.
Councilman Crites moved to: 1) By Minute Motion, authorize the formation of Palm Desert
Municipal Code "Title 24" entitled "Environment and Conservation', 2) waive further reading and pass
Ordinance No. Oa, "Water Efficient Landscape Ordinance" to second reading, 3) direct staff to address
concerns of Mr. Ed Kibbey and Councilman Wilson before it comes back for adoption. Motion was
seconded by Benson and carried by unanimous vote of the Council.
XVI. ORAL COMMUNICATIONS - C
None
XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION OF CERTIFICATES OF APPRECIATION TO STUDENTS
PARTICIPATING IN THE SUMMER WORK PROGRAM.
Mayor Kelly presented certificates of appreciation to the following students who participated
in the summer work program: Melissa Cash, Heather Gonyier, Noelle McQueary, Andrew
Rivas, and Margaret Rueda.
B. PRESENTATION OF PLAQUES OF APPRECIATION TO COL. ALVIN O. MARK AND
MR. KURT SIPOLSKI.
Mayor Kelly presented a plaque of appreciation to Col. Alvin O. Mark in appreciation of his
years of service on the City's Civic Arts Committee. He noted that Mr. Kurt Sipolski was
not able to be at this meeting and that his plaque for service on the City's Promotion
Committee would be presented at the meeting of September 10, 1992.
25
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C. APPOINTMENT TO THE EL PASEO BUSINESS IMPROVEMENT AREA BOARD TO
FILL VACANCY CREATED BY THE RESIGNATION OF BEVERLY CARPENTER.
Councilman Snyder moved to, by Minute Motion, appoint Ms. Monica Kelly to a one-year term
on the El Paseo Business Improvement Area Board to fill the vacancy created by the resignation of Ms.
Beverly Carpenter. Motion was seconded by Wilson and carried by unanimous vote.
D. ANNUAL APPOINTMENTS TO VARIOUS CITY COMIMiii ir.t AND COMMISSIONS.
Councilman Wilson moved to continue this item to the meeting of September 10, 1992. Motion
was seconded by Snyder and carried by unanimous vote.
XVIII. PUBLIC HEARINGS
A. REQUEST FOR FORMATION OF LANDSCAPING AND LIGHTING DISTRICT NO. 92-
7, WARING COURT (Continued from the Meetings of June 11 and July 9, 1992).
Mr. Folkers reviewed the staff report and recommendation.
Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or OPPOSED
to this request.
MR. LEE WOOD, Attorney, 3070 S. Bristol, spoke on behalf of the eight homeowners of
Waring Court and said the assessment was made known to the builder, both in writing and
orally, at the time permits were pulled. This was never relayed to the homeowners who were
instead advised that there would be no assessment district and that the builder would continue
to maintain the landscaping until he developed the balance of the tract, which is an additional
eight homes. He said the developer represented at some point in time that the property had
been deeded to the City and that the City would maintain the property. He said the
homeowners were opposed to the assessment district and any homeowners association until
these issues are resolved with the builder, and he asked that the Council deny formation of
the district until the homeowners can pursue their litigation rights with the developer. He
asked that the matter be taken off calendar for six months to a year and that Council not
release the maintenance bond in the amount of $27,000 because that amount would be
sufficient to take care of the landscaping for some time in the future. He added that he felt
this was an unfair situation and that there was no need to form an assessment district at this
time.
MR. MORTON BARUH stated that he and his wife were sole stockholders of Ken-Mor
Enterprises, developer of Waring Court. He said he denied all allegations made by Mr.
Wood and that he had never made a statement that he would continue to take care of t he
landscaping of Waring Court. He said he was totally unaware of the fact that there was going
to be a district formed and that when he was advised of such a district, he had taken the
necessary steps. He said he was not a developer but was just an investor in the project and
that he had a building contractor who took care of that portion of the development. He added
that he had met all conditions of approval that were imposed for the subdivision.
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With no further testimony offered, Mayor Kelly declared the public hearing closed.
Mr. Folkers stated that had hoped the property owners and the developer could resolve this
situation; however, that did not happen, and it looked like the City would have to get
involved. He said staff had concerns about converting the existing landscaping to drought
tolerant because of the close proximity to the Palm Desert High School; therefore, the
recommendation would be that it be left as turf. He said staff felt it would help if Mr. Baruh
would take care of the landscaping for an additional six months while staff works with both
the developer and the homeowners on a possible solution.
Mayor Kelly asked what the City's responsibility was to the developer, and Mr. Erwin
responded that the developer had contractually agreed to maintain the landscaping for one
year, which he did; however, part of the conditions of approval imposed intially was
formation of the assessment district, and he is attempting to comply with that. He added that
the developer was asking for the release of his one-year maintenance bond currently held by
the City and that he felt it should be released at this time. He added that formation of the
district was a discretionary decision of the Council.
Councilman Crites asked whether the homeowners had the ability to pursue the issue with the
developer without the City taking action to form the district, and Mr. Erwin responded that
they did. Crites asked whether formation of the district would have any bearing on that
litigation, and Mr. Erwin responded that it might in effect disprove the allegation that there
was no district nor would any district ever be formed.
Councilmember Benson asked whether Council had the option of forming the district with
zero assessment for the next six months while the developer and homeowners work things out
and at least have the district in place. Mr. Folkers responded that this was an option;
however, if it is not done soon, we would have to pick up the amount of the assessment on
next year's tax roll.
Councilman Crites asked what would happen if the developer stops maintaining the
landscaping on September 1, the homeowners do not feel it is their legal responsibility to
maintain that landscaping, and by September 30 everything is dying. Mr. Folkers responded
that the City could take over the maintenance, hire someone to do it, or just leave it as is and
let it die.
Councilman Snyder suggested that the City move forward with formation of the district and
notify both parties that whoever is ultimately determined to be responsible would have to pay
whatever it takes to maintain the landscaping during the time this is being resolved. To make
it equitable to the homeowners, he suggested a zero assessment for six months until the
matter is resolved.
Mr. Erwin added that he would not want Council to indicate that it would pass on the public
hearing next year regardless of whether or not this has been resolved. He suggested that this
go no longer than nine months before Council looks at it again.
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Councilman Crites moved to: 1) Waive further reading and adopt Resolution No. 92-53, ordering
the formation of the subject district and confirming the diagram and report; 2) levy no assessment for the
remainder of this fiscal year, 3) diect staff to calculate whatever cost the Cit is obligated for during that
nine -month period with the intent of ultimately assessing whoever is held responsible for said maintenance
when the matter is legally settled. Councilmember Benson seconded the motion, and it carried by
unanimous vote.
B. CONSIDERATION OF REQUEST FOR STREET VACATION - GREENE WAY WEST
OF SHADOW MOUNTAIN DRIVE.
Mr. Folkers reviewed the staff report and offered to answer any questions.
Mayor Kelly 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 Crites moved to waive further reading and adopt Resolution No. 92-82, vacating the
public right-of-way known as Greene Way subject to retention of any and all public utility easements existing
within the subject right-of-way. Motion was seconded by Crites and carried by unanimous vote.
C. REQUEST FOR CONSIDERATION OF STREET NAME CHANGE IN THE PRIMROSE
II SUBDMSION.
Mr. Folkers reviewed the staff report, noting that this was to correct a spelling error in the
street name "Mayrn Court", changing it to read "Maryn Court".
Mayor Kelly declared the public hearing wen and invited testimony in FAVOR of or OPPOSED
to this request. No testimony was offered, and he declared the public hearing closed.
Councilman Wilson moved to waive further reading and adopt Resolution No. 92-83, approving
a street name change for Mayrn Court. Motion was seconded by Benson and carried by unanimous vote.
NOTE: With Council concurrence, Mayor Kelly suspended the remainder of the Agenda at this time to
consider Ordinance No. f$$ under "Items Held Over From the 4:00 p.m. Session".
D. REQUEST FOR CONSIDERATION OF PRECISE PLAN OF DESIGN FOR A 479,400
SQUARE FOOT RETAIL COMPLEX ON 50 ACRES ON THE WEST SIDE OF
HIGHWAY 111 SOUTH OF FRED WARING DRIVE, CASE NO. PP 92-5 (MANSUR-
WILMOT, APPLICANT).
Mr. Drell reviewed the staff report and showed a video of the site. He noted that the project
would include a piece of public art with some type of water treatment. He reviwed the
particulars of the project, noting that the Planning commission had reviewed and approved
the project by a vote of 3-1, with the one dissenting vote based on a belief that the site was
more appropriate for a higher end enclosed mall than a value -oriented strip center. He stated
that present at the Planning C ,emission public hearing were representatives of Mr. George
Fox, an adjacent property whu had an approved subdivision south of the property as well as
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an easement that currently terminates directly across from the extension of Painters Path on
the east side of the Channel. Mr. Fox opposed this plan because of the feeling that driving
around and through a retail development to get to his project would lower the value of his
property. He added that considerable correspondence had been received from the residents
of Sandpiper in opposition to the development. He stated that staff concurred with the
Planning Commission recommendation to approve the project.
Councilman Wilson expressed concern with the Sandpiper letters and asked if there was
something different about this development than what Council approved several years ago
when the development agreement was approved. Mr. Drell responded that the one thing that
was more specific at this time was the tenants for the center. He said staff felt it was not
their place to decide who the tenants are as long as they meet the design standards and are
in legal business and selling products that benefit the City of Palm Desert. He added that the
conceptual plan was for this type of center.
Councilman Crites stated that the Council had a joint meeting earlier today with the Economic
Development Advisory Committee and discussed the pros and cons of public participation in
financing of projects. He asked whether there was any City money going into the
development of this project. Mr. Drell responded that there was not any as part of this
'application. He said the development and disposition agreement involved all of the properties
and would have to come back to Council for the assignment of this portion of the agreement
to this developer. He added that the developer might be requesting amendments to that.
Mr. Altman added that in the existing agreement, there was a $5 million reimbursement once
parking is built on El Paseo. If they develop the whole project and choose to use portions
for something else and do the entire parking, staff had indicated it would bring it to Council
at such time as they make that request.
Mayor Kelly stated that this was for additional public parking beyond the requirement of the
development. As far as this development is concerned, there would be no City money
subsidizing the development.
Mayor Kelly declared the public hearing open and invited testimony in FAVOR of this project.
MR. DAVID NEWSOME, Ahmanson Commercial Development Company, concurred with
the staff report.
MR. NED WILMOT reviewed the history of the project to date and expressed appreciation
to staff and the Council for the support they had been given throughout this process. He
added that projected revenue from this project to the City of Palm Desert over the next 20
years would total over $50 million. He stated one thing they placed a lot of emphasis on was
how to soften a large shopping area with the required 2,500 parking spaces. He said that
from the corner of Fred Waring and Highway 111 all the way down to the Palm Valley
Channel, they had created a series of berms, walls, and planting. The berms and walls
combined to never have less than a 42-inch height all the way down the highway. With
regard to traffic, he said Council's decision several years ago not to bridge the Channel
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eliminated one of the outlets of dealing with 2,500 cars going in and out of the project. It
was determined, therefore, that this project would have one main entry on Highway 111 with
a full signalized intersection. He said they were currently going through specific studies of
three different ways to deal with that signal because of questions raised by Council at a
previous meeting.
MR. DON BARKER reviewed the traffic impacts of the project, noting that he had worked
with the City's Traffic Engineer and CalTrans. He said that under the City's criteria for
analyzing intersections, the primary access from Highway 111 as a fully accessible, signalized
intersection, would operate under the acceptable level of service "C" that the City designates
as being acceptable.
MR. KEN McKENTLEY, project architect, outlined the concept of the design of the center.
MR. RON GREGORY reviewed the landscape plans of the project, noting that they took the
location of this project as being a gateway to the City very seriously. He said no individual
store signs were proposed for the signage along the parkway. He noted that water efficient
landscape would be used and that they would be drip irrigating all material except the turf
area.. He added that they were concerned with residents at the Fox Canyon and Sandpioer
developments and would make a strong effort to do additional screening to mitigate impacts
of the project on those developments.
Mayor Kelly called a five-minute recess at 9:05 p.m.
The following spoke in favor of the project:
MR. HENRY HOYLE, 73-340 Broken Arrow, said value -oriented stores were the future.
He added that he felt only tertiary colors should be used for the projct and felt the Council
should pass an ordinance that only those colors be used on exteriors and signs for the
buildings.
MR. BEN PICKELL, 72-814 Tampico Drive, said he appreciated the fact that the project is
value -oriented. He said he liked the idea of heavy landscaping but would like to have seen
a mini park in the middle of the project and a day care center for people with small children.
MR. GEORGE BERKEY, 41-555 Cook Street, said he supported any commercial project that
has gone through the approval and scrutiny that this project has (such as Planning
Commission, Architectural Review Commission, etc.) and that would provide jobs and
income to people in our community.
MS. DEBBIE TRUAX, 41-461 Trinity Circle.
MR. TIM BARTLETT, resident of Palm Desert and commercial real estate broker.
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MRS. SONIA CAMPBELL, owner of Spectacular Shades, 73-910 El Paseo, said she felt this
project would bring additional shoppers to Palm Desert and would increase both sales and the
tax base in Palm Desert.
Mayor Kelly invited testimony in OPPOSITION to the project.
MR. GEORGE FOX stated the project as proposed would be built on his legal easement. He
expressed concern that the back of the project would be a long wall and that the entrance to
Fox Canyon would be an alley. He read a letter from Mr Jim Shute of Century 21 (on file
and of record in the City Clerk's Office) in opposition to the development. He asked that the
matter be tabled at this time and sent back to the Planning staff to explore issues raised in
Mr. Shute's letter.
MR. JACK HOOVER, 1715 Sandpiper, said he was opposed to the project because of its
location at the entrance to Palm Desert, which he felt deserved a better look and a better
shopping center developent than this one being proposed. He expressed concern with 2,500
parking spaces and felt the center was too large and located too closed to residential property.
MS. MARIANNE HODGKINS read a prepared statement in opposition to this development
because of increased traffic and because she did not want Palm Desert to look like the
discount center of the Valley.
MR. ED BENSON, 1106 Sandpiper, spoke in opposition because of traffic impacts on
Highway 111 and the location of the center at the entrance to the City.
Mayor Kelly declared the public hearing.
Council Comments/Questions
Crites: Stated that correctly or not, the decision was made that this is an area for a major
retail commercial center. He said the issue here was not whether a commercial project
should be on this site but whether it was appropriate for this location. He said there were
still some things he felt needed to happen before this project is part of the City. He
that the proposed setbacks on all sides were absolute minimum, the
percentage of landscaping is absolute minimum, but the amount of building is the absolute
maximum allowable. He said he did not see the effort in terms of material, landscaping,
screwing, etc. that should be there. He was concerned with the back of the development,
the view other people have, and mitigation measures being planned for the wall. He added
that he would also like an opportunity to visit other arcade -type places as proposed for this
project. With regard to building colors, he said to him "taupe" sounds whte, and he felt we
should be looking at a variety of colors that blend. He said there was no statement about
identification of signage and that he would like to see this addressed before final approval.
With regard to meeting the requirements for public art, he said the developer putting a statue
behind a fountain did not meet the intent of the Art -In -Public -Places program. He agreed
with Mr. Pickell about short-tem child care and a playground and felt this would be a good
idea. With regard to berming to mitigate impacts of the parking lot, he said he would like
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 13, 1992
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to actually see an example of this at another site. He felt this was not a bad program but was
just not yet complete. He expressed concern about public financial investment in this project
and what would happen down the road and said he would like to know about this now before
making a decision on a project of this magnitude.
Denson: She said her concern was not the stores themselves because she likes to shop at
Target, but the problem was with the center itself and the way it looks. She said it is the
high standards that make Palm Desert great and that DSL had gone to a lot of time and
expense to get its center to look the way it does today. She added that she felt there was a
lot more that could be done with the cars and the parking that will be at this center.
Wilson: He stated he felt a lot of care and effort had gone into the architecture of this facility
and said he did not find it objectionable. He said this type of retail is coming to the Valley,
and if it does not go here, it will go somewhere else. He said the Council has an opportunity
to continue to balance our marketing monies with this project, and he felt it should be given
very serious consideration. He said he did have serious concerns such as Mr. Fox's access
and felt the City owed the Fox Canyon project a suitable entrance and that this should be
looked at before finalization of this project. He said he was impressed with suggestions made
by Mr. Pickell about a mini park, day care for children of shoppers, etc. He added that he
would like to see the Council approve the project in concept and perhaps put together a small
group of several Councilmembers and staff to sit down and work out specific details such as
the Fox Canyon access, the mini park, clay care, etc. and move forward with the project.
Snyder: Agreed with Councilman Wilson and said Palm Desert had become the leader in the
Valley and that he would not like to see it become like Cathedral City and Palm Springs as
far as retail business. He said that although he did not approve the project in its entirety, he
felt overall it could be a beautiful project.
Kelly: Assured the developer that the Council and staff were willing to work with them to
solve these problems. He said the Council agreed it wanted to make this a project where the
residents of Sandpiper will want a bridge to be able to drive over in their golf carts and enjoy
the project for a few hours.
Benson:, Felt that if a committee is appointed to work with the developer, it should also deal
with the issue of whether the developer will want the money switched to do the project. She
said there was no point in working with them to get what we want and then having the
developer come up and say we should pay for it.
Councilman Crites stated he felt Mayor Kelly and Mayor Pro-Tem Benson should be the Council
representatives on this committee and that they had the ability to work effectively as a team. Snyder and
Wilson agreed.
Councilman Snyder moved to, by Minute Motion, approve this project in concept and refer it to
the committee to meet with the developer and that the committee report back to the Council and bring a
formal resolution of approval at that time. Motion was seconded by Wilson.
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Councilman Crites asked that the motion be amended to include direction that before this
comes back for formal action, if there is any proposal having to do with financial
implciations, that those amtters also be disclosed to the Council before final action is taken.
Councilmen Snyder and Wilson agreed with the amendment, and Wilson added that implied in the
motion was that the Fox Canyon access be a major issue to be resolved. Mayor Kelly called for the vote,
and the motion carried by unanimous vote of the Council.
E. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DENIAL OF A
161 UNIT SINGLE FAMILY TRACT MAP IMPLEMENTING CONDITIONS OF AN
APPROVED PRECISE PLAN 91-12 ON 23 ACRES ON THE NORTH SIDE OF FRED
WARING DRIVE, 1400 FEET EASTERLY OF COOK STREET, CASE NO. TT27546
(REF. PP91-12) (STERLING PARTNERS, APPLICANT).
Mr. Drell reviewed the staff report and offered to answer any questions.
Mayor Kelly declared the public hearing Qzp and invited testimony in FAVOR of or OPPOSED
to this request.
MR. GARY NOGLE spoke on behalf of Sterling Partners and in favor of this request.
With no further testimony offered, Mayor Kelly declared the public hearing.
Councilman Crites moved to waive further reading and adopt Resolution No. 92-85, reversing the
Planning Commission's decision and approving TT27546 subject to conditions. Motion was seconded by
Benson and carried by unanimous vote of the Council.
F. REQUEST FOR CONSIDERATION OF A 422-UNIT COUNTRY CLUB ON 344 ACRES
AND CREATION OF A 20.4 ACRE PARCEL ADJACENT TO THE BIGHORN
INSTITUTE - SOUTHEAST OF HIGHWAY 74 AND INDIAN HILLS WAY, SASE NO,
TT 25296. PM 27501 (ALTAMIRA VENTURES, APPLICANT).
Associate Planner Phil Joy reviewed the staff report, noting that this was the result of a
settlement agreement between Altamira and the Big Horn Research Institute. He stated that
of the 344 acres in the project, 80 acres was zoned as hillside planned residential; Council
had perviously approved 58 units in this area with the condition that final design should come
back to the Council for review. He reviewed landscape conditions of the project, including
the use of drought tolerant materials and renaturalization processes for the 14,000 square foot
lots. In addition, he said that features such as turf and grass would be prohibited.
Mr. Joy stated that there were a few "housekeeping" items that the applicant's attorney, the
City Attorney, and staff had been working on. He noted the memorandum in the packets
from the City Attorney's office relative to revisions to the conditions and said staff
recommended approval of the revisions to the resolutions proposed for adoption. In addttton,
he stated that the exhibit showing the new phasing plan also be incorporaed in the resoLt:ons.
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Councilman Crites verified the City's requirement that 62.5 % of the property must be left
in its natural state. He asked whether in order to get to that percentage staff was proposing
that we count paved roads as "undisturbed natural state".
Mr. Joy responded that as pointed out in the hillside slope study, what was done to gain good
access to those sites, the roads were eliminated from the total area; once there is access to
those sites, then the slope computations are done.
Councilman Crites stated that these are gently rolling foothills, and he could not see any
reason to count asphalt as undisturbed open space. He also questioned whether there would
be cut and fill operations in this project in which debris is pushed over the side instead of
hauling it away as the old hillside ordinance required.
Mr. Joy responded that in some instances, filling of the slopes was necessary. He said the
EIR concluded that any fill slopes that are there be broken up somehow so they are not
straight fill slopes, and staff was, therefore, recommending the addition of rocks to these fill
slopes.
Mayor Kelly declared the public hearing own and invited testimony from the developer.
MR. JACK BECKER, President of AltaWest, developer of the Altamira project, read a
prepared statement, noting that Council's approval of the project and certification of the
Environmental Impact Report in August, 1991, was conditioned with a buffer of 400 to 600
yards. He said that because of settlement agreements with Big Horn Research Institute,
Altamira, the City, and Riverside County, the buffer area previously imposed on the Altamira
site had been freed up for development. He said the Institute would provide the buffer on
its property and would receive substantial financial help for Altamira as the project is
developed. He said the project was essentially the same as previously approved by the
Council in 1991 with the addition of homes in the buffer area. He noted that 38 lots had
been designed in this buffer area. He stated that the revised tentative map showed a total of
422 units (28 less than proposed last year) comprised of 253 patio homes, 72 duplexes, and
97 custom lots.
Mr. Becker stated that in July, 1992, an expanded initial study and addendum to the final
environmental impact report was completed for the City addressing the removal of the buffer
and the new plotting of the project. He said the analysis of this expanded initial study
indicated no evidence that the project or its underlying circumstances had changed in any way
that would expose new or more severe imapcts that those reported in the Final EIR.
He reviewed the exhibits, including what was originally proposed, what was approved by the
Council with the 400 to 600 yard buffer, and the new plan. With regard to Councilman
Crites' comments about the requirement for leaving a certain percentage in its natural state,
he said they were 9/lOths shy of making the 62.5% if the roads were taken out of the
computations. He said they were sure they could make up the difference in the landscape
plans for the yards or within the golf course.
34
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Councilman Crites stated that in looking at the report, the amount was 57.5 %, which is not
just 9/ lOths difference. He said the requirement is 62.5% of the site itself, not 62.5% of the
site after the roads are taken out.
MR. RON GREGORY reviewed the landscaping of the project, noting that rock work will
only be used in areas where in -fill is being done. He said they would not be disturbing slopes
with existing rock formations, and in an effort to maintain the integrity of the existing rock
slopes, they would be putting new rock areas in fill areas and would also use artificial rock
where necessary to preserve the formations.
Mr. Becker added that they felt with the revised map, the settlement with the Big Horn
Research Institute, and the reduced lots that are well below the maximum amount dictated by
the guidelines of the hillside ordinance, Altamira demonstrated a sensitively planned project.
He said it promised to be a grand southern gateway to the City and was the kind of low
density community that would be good for the environment and a benefit to all of Palra
Desert.
Mayor Kelly invited testimony in FAVOR of or OPPOSED to this project.
MR. !CENT ROBERTS, President of Big Horn Institute, expressed support of the proposed
development as submitted. He said they understood the terms of the settlement agreement
and their obligations and that they would continue to abide by those terms. He said staff
recommended approval of the project without removing condition #9 relative to the buffer
remaining for this project, and he said it was his understanding that this could be a deal
breaker. He said it was suggested the condition should remain because the Insitute may not
fulfill its obligation under the settlement agreement, specifically in terms of what they must
do by January, 1994, in terms of the 30-acre pen facility. He assured the Council that the
settlement agreement would be fulfilled by the Institute 100%. He said they supported the
project and hoped that the mitigation measures set forth in the settlement agreement to be
deleted would be done and that everyone could get on with their work.
MR. CRAIG WILLIAMS, attorney for the Big Horn Institute, reviewed the Institute's
position as outlined in a letter distributed earlier (on file and of record in the City Clerk's
Office). He assured Council that the Big Horn Institute would comply with its obligations
under the settlement agreement.
MR. GUY LIBERTY, owner of the 12-acre Del Gagnon property, spoke in favor of this
project and in favor of the removal of the buffer zone.
With no further testimony offered, Mayor Kelly declared the public hearing closed.
Upon question by Councilman Crites, Mr. Erwin stated that there were several issues before
Council at this time, including a Parcel Map and an amended Tentative Tract Map. He said
there were letters from Mr. Zeilenga of August 12, 1992, Mr. Williams of August 13, 1992,
and a memorandum from Kandy Allen of his office that addressed itself to a number of other
conditions that were part of the original approvals and which were conditions incorporated
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in the two-party settlement agreement. He said the two-party settlement agreement between
Altamira and the Big Horn Research Institute did address itself to the removal of the 400 to
600 yard buffer, indicating that by January 1, 1994, the Institute will move or relocate the
pens either on this property or other property and in a location acceptable to the U.S.
Department of Fish and Game.
Mr. Erwin stated noted that two resolutions were proposed in the staff report, the first dealing
with the addendum to the Environmental Impact Report and the second approving the tract
map and parcel map. He requested Council direction regarding the amended tentative map,
addressed during this hearing, the hillside lots as the map relates to those lots, and the buffer.
He added that with this direction, staff could bring back a formal resolution for Council
consideration at its next meeting, running it by everyone to make sure all the correct
conditions are in the right places. He noted that the parties to the settlement agreement had
agreed among themselves that there is no need for the buffer on the Altamira and Del Gagnon
properties.
Councilman Crites asked whether there was any legal reason for the buffer, and Mr. Erwin
responded that in his opinion there was not.
Upon question by Mayor Kelly, Mr. Erwin responded that with regard to recommended
Resolution No. 92-87, he would ask that the Council consider approving the amended
tentative map and direct staff to prepare the detailed resolution with the appropriate conditions
and bring it back at the next regular meeting so we can make sure we include all of the
conditions in the correct order.
Councilman Crites moved to waive further reading and adopt Resolution No. 92-86, finding the
addendum to the previously certified Final Environmental Impact Report is complete. Motion was seconded
by Snyder and carried by unanimous vote.
Councilmember Benson moved to, by Minute Motion, direct staff to prepare a resolution for the
next meeting.
Councilman Crites seconded the motion, amended to include language that per the hillside
ordinance, a minimum of 62.5% of the parcel's hillside acres shall remain in an undisturbed natural state.
Councilmember Benson agreed to the amendment.
Mr. Erwin noted that the resolution would have no buffer on the Altamira or Del Gagnon
ProPerty.
Mayor Kelly called for the vote, and it carried by unanimous vote of the Council.
XIX. ORAL COMMUNICATIONS - D
None
36
REGULAR PALM DESERT CITY COUNCIL MEETING
* * * * * * * * * * * * * * * * * * * * * * *
AUGUST 13, 1992
* * * * * * * * * * *
XX. ADJOURNMENT
Upon motion by Crites, second by Snyder, and unanimous vote of the Council, Mayor Kelly
adjourned the meeting to Closed Session at 12:10 a.m. for reasons previously noted by Mr. Erwin. He
reconvened the meeting at 12:25 a.m. with no action announced from Closed Session.
Upon motion by Crites, second by Benson, and unanimous vote of the Council, Mayor Kelly
adjourned the meeting at 12:25 a.m.
ATTEST:
SHEILA R. GILLIGA i, CITY CL
CITY OF PALM DESERT, C
37
RIC RD S KELL , MAYOR