HomeMy WebLinkAbout1992-07-09MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JULY 9, 1992
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I. CALL TO ORDER
Mayor Kelly convened the meeting at 4:00 p.m.
H. PLEDGE OF ALLEGIANCE - Councilman S. Roy Wilson
III. INVOCATION - Mayor Pro-Tempore Jean M. Benson
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/P.I.O.
Ramon A. Diaz, ACM/Director of Community Development
Richard J. Folkers, ACM/Director of Public Works
Paul Gibson, Finance Director/City Treasurer
David Yrigoyen, Acting Executive Director
Dave Millheim, Human Resources Director
John Wohlmuth, Environmental Conservation Manager
Dennis Coleman, RDA Accountant
V. CONSENT CALENDAR
A. MINUTES of the Adjourned City Council Meeting of June 24, 1992, the Adjourned Jo,.,
Meeting of the City Council and the Planning Commission of June 25, 1992, and the Regular
City Council Meeting of June 26, 1992.
Rec: Approve as presented.
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B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR24 and
WR25.
Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Kaiser Grille, Inc. for
Kaiser's Grille & Bar, 74-225 Highway 111, Suite B, Palm Desert.
Rec: Receive and file.
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICNSE by The Southland Corporation
for 7-Eleven Store, 73-800 Highway 111, Palm Desert.
Rec: Receive and file.
E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by LG's Steak House, Inc. for
LG's Steak House, 74-225 Highway 111, Palm Desert.
Rec: Receive and file.
F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Trader Joe's Company for
Trader Joe's, Southeast Corner of Town Center Way and Fred Waring Drive, Palm Desert.
Rec: Refer to Department of Community Development for processing of Conditional Use
Permit.
G. REOUEST FOR APPROVAL of Lease Agreement with the Riverside City/County Library
for Palm Desert Branch Library (Contract No. C00841).
Rec: By Minute Motion, approve the two-year lease agreement with the Riverside
City/County Library with two one-year options and authorize the Mayor to execute
same.
H. REOUEST FOR APPROVAL of Change Order No. 2 to Contract No. C05420 with
Landmark Organization, Inc. for the Civic Center Addition.
Rec: By Minute Motion, approve Change Order No. 2 to the subject contract in the
amount of $42,425.25.
I. REOUEST FOR ACCEPTANCE OF WORK for Contract No. C05420 with Landmark
Organization, Inc. for the Civic Center Addition.
Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file
a Notice of Completion with the Riverside County Recorder.
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JULY 9, 1992
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J. MINUTES, of the El Paseo Business Association Planning Session of May 13, 1992, and
Regular Board Meetings of May 21 and June 4, 1992.
Rec: Receive and file.
K. REQUEST FOR APPROVAL of the Purchase of Carpeting for the Administrative Services
and Community Services Buildings (Contract No. C06330).
Rec: By Minute Motion: 1) Award the contract in the amount of $33,558.00 plus 10%
contingency to Mike's Custom Flooring for the purchase and installation of 1,366
square yards of carpeting and 1,480 linear feet of base, 2) appropriate $33,558.00
plus 10% contingency from "Unallocated Reserve" to "New Construction Fund",
Account No. 231-4661-454-4001.
L. AWARD OF BID for Purchase of Street Sweeper.
Rec: By Minute Motion, award the bid to the actual low bidder, Schwarze Industries,
Inc. for the purchase of a 1992 Schwarze AAPLEX 7000 Regenerative Air Street
Sweeper in the amount of $103,522.50.
M. RESOLUTION NO. 92-72 - A Resolution of the City Council of the City of Palm Desert,
California, Requesting the Riverside County Board of Supervisors to Levy a Special Tax
Pursuant to Section 53978 of the Government Code for Fire Protection and Prevention
Services for Fiscal Year 1992-93.
Rec: Waive further reading and adopt.
N. REOUEST FOR CONSIDERATION of Palmer Cablevision Station Location Change.
Rec: 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.
O. REOUEST FOR CONSIDERATION of Street Name Change for Mayrn Court in Primrose
II Subdivision.
Rec: Waive further reading and adopt Resolution No. 92-73, setting a public hearing to
consider a street name change for Mayrn Court.
P. REQUEST FOR CONSIDERATION of Street Vacation - Greene Way West of Shadow
Mountain.
Rec: Waive further reading and adopt Resolution No. 92-74, setting a public hearing to
consider the street vacation request.
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Q.
REQUEST FOR APPROVAL OF CONTRACTS Relative to the I-10 and Cook Street
Interchange.
Rec: 1) By Minute Motion, approve the City of Palm DesertJCVAG Agreement for
Measure "A"/TUMF funded project for "Finalization of the Initial Project Report
and Preparation of the Environmental Document, the Project Report, and the Plans,
Specifications, and Estimates for the Cook Street/I-10 Freeway Interchange
Improvements, and authorize the Mayor to execute the agreement (Contract No.
C06480), 2) by Minute Motion, award Contract No. C06490 to Moffatt & Nichol,
Engineers for the Design and Environmental Document Development for the subject
project in the amount of $1,487, 832.00 plus a contingency of $12,168.00.
R. PRELIMINARY SCHEDULE OF INVESTMENTS, as of June 30, 1992.
Rec: Receive and file.
Councilman Crites asked that Item N be removed for separate discussion under Section IX, Consent
Items Held Over, of the Agenda. Councilman Wilson asked that Items K and L also be removed
for separate discussion, and that Item A be removed and continued to the meeting of August 13,
1992.
Councilman Wilson moved to approve the remainder of the Consent Calendar as presented. Motion
was seconded by Wilson and carried by unanimous vote.
VI. ORAL COMMUNICATIONS - A
MS. DEBBIE KEYES addressed the Council and spoke on behalf of the Coachella Valley Girls
Bronco Softball Team. She said they were seeking donations to participate in the Girls Bronco
World Series to be held in Illinois, August 1-3, 1992. She introduced the girls participating and
said their goal was to raise $11,000 to cover transportation, lodging, and bare necessities.
Mayor Snyder responded that the City had a Charitable Contributions Committee that reviews
requests such as these, and he referred Ms. Keyes to that committee.
MR. DAN EHRLER, Palm Desert Chamber of Commerce, reintroduced personnel from his office
and said they are the ones who serve the 26,000+ people who come to the Information Center.
On behalf of the entire City Council, Mayor Kelly expressed appreciation for all that the Palm
Desert Chamber of Commerce does for the City.
Councilman Crites added that we are all very fortunate to have such a good relationship with our
Chamber of Commerce.
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VII. RESOLUTIONS
None
VIII. ORDINANCES
For Introduction:
None
For Adoption:
None
IX. CONSENT ITEMS HELD OVER
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, and the Regular
City Council Meeting of June 26, 1992.
Rec: Approve as presented.
Councilman Wilson moved to continue this item to the meeting of August 13, 1992. Motion was
seconded by Benson and carried by unanimous vote of the Council.
K. REOUEST FOR APPROVAL of the Purchase of Carpeting for the Administrative Services
and Community Services Buildings (Contract No. C06330).
Rec: By Minute Motion: 1) Award the contract in the amount of $33,558.00 plus 10%
contingency to Mike's Custom Flooring for the purchase and installation of 1,366
square yards of carpeting and 1,480 linear feet of base, 2) appropriate $33,558.00
plus 10% contingency from "Unallocated Reserve" to "New Construction Fund",
Account No. 231-4661-454-4001.
Councilman Wilson stated that according to the report, staff was recommending that the
Council area be recarpeted as well as the Administrative Services and Community Services
Buildings. He said that as one occupant of that area, he felt the carpeting was in good shape
in view of the fact that there is not a lot of traffic in that area. He said he would be in favor
of deleting the carpeting for the Council area.
Councilman Wilson moved to approve staff's recommendation, with the exclusion of $3,318.00 for
Council area. Motion was seconded by Crites and carried by unanimous vote of the Council.
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L. AWARD OF BID for Purchase of Street Sweeper.
Rec: By Minute Motion, award the bid to the actual low bidder, Schwarze Industries,
Inc. for the purchase of a 1992 Schwarze AAPLEX 7000 Regenerative Air Street
Sweeper in the amount of $103,522.50.
Councilman Wilson asked whether this was a brush type sweeper or a vacuum type. Mr.
Folkers responded that it was a vacuum type so it could be used to pick up sand and smaller
particles.
Councilman Wilson moved to approve staffs recommendation. Motion was seconded by Crites
and carried by unanimous vote of the Council.
N. REOUEST FOR CONSIDERATION of Palmer Cablevision Station Location Change.
Rec: 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.
Councilman Crites asked whether the City had the option of saying yes or no to this change
in station location.
Mr. Yrigoyen responded that it was his understanding that the City did have that option.
Crites asked what benefits our customers would derive from this change. He said he would
agree with this request if there is a good reason for doing it; otherwise, he said he would not
be interested.
Administrative Assistant Ray Janes stated that he would look into this and come back at the
next meeting with a report.
Councilman Crites moved to, by Minute Motion, refer this matter to staff for a report at the next
meeting. Motion was seconded by Wilson and carried by unanimous vote.
Councilmember Benson asked that the report also include whether or not there have been a
lot of complaints or if people have accepted it. Council concurred.
X. NEW BUSINESS
A. INFORMATIONAL PRESENTATION OF MANSUR-WILMOT PRECISE PLAN FOR THE
AHMANSON 50-ACRE SITE ON HIGHWAY 111 SOUTH OF FRED WARING DRIVE.
Mr. Diaz introduced Mr. Wilmot to make a presentation of the proposed project.
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Mr. Wilmot reviewed the proposed project, noting that they were at a point in time where
they were confident this project would moved forward. He said the City, Ahmanson, and
the tenants had all worked with them to help make the project happen and that it was
approximately 75% preleased. He stated that two of the tenants would be Montgomery Ward
and Target.
Mr. Craig Christensen reviewed the tenancy of the project, noting that the Target store would
be the Target Company's new flagship.
Mr. Terry Jacobs, Target Stores in Minneapolis, Minnesota, stated this location represented
an opportunity to be in the real hub of retail. He said the facility would be approximately
116,000 square feet. He said this would be a brand new store instead of a retrofit of a
Gemco Store, like both Indio and Cathedral CitybTarget stores. He offered to answer any
questions.
Upon question by Councilmember Benson relative to the location of other stores that
been retrofit stores, Mr. Jacobs responded that they had locations in Orange County,
Valley, and Rancho Cucamonga that they had built themselves.
Mr. Christensen stated that with regard to traffic, they had designed the center so there is a
good flow through the project and not a lot of congestion. He said Highway 111 would be
widened to add another left turn lane. Entrance to the project would be from Highway 111
and Fred Waring, with Painter's Path to be used more as a service street for the project.
Mr. Wilmot added that there would be several items to come to Council for approval,
including relocation of Painter's Path. He said they would also be asking assi_ .ice with
regard to the 30-foot easement which local property owner George Fox has and which they
feel would no longer be necessary after Painter's Path is relocated. He said they had tried
to get Mr. Fox to cooperate and had exhausted all their efforts at this point.
Upon question by Mayor Kelly regarding how the City's Peoplemover System will fit in, Mr.
Wilmot pointed out where the two stations would be located.
Upon question by Councilman Wilson, Mr. Wilmot responded that they were proposing to
signalize the main entrance. He said it would be a four-way interchange aligned with the
Travelers Inn across the street, with double right turns in and out.
Councilman Wilson asked what the distance would be between the two existing signals at El
Paseo and Fred Waring. Mr. Folkers responded that there was approximately 1,800 feet
from El Paseo to Fred Waring and that staff had always supported a signal at this location.
He added that this was something that was going to be brought back to Council at a later
time.
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Councilmember Benson stated she was concerned with this a;,tire plan. She said DSL had
been "put through the hoops" to come up with something beautiful for the City and that this
looked like a big field of cards to her. She said she did not see it as a beautiful spot.
Councilman Crites stated he did not see anything exciting or interesting about the architecture
of this project. He said he had no objection to right turns in and out but that he could not
imagine voting for a signal. He said the center parking lot was nothing but a large expanse.
He add that he also did not see anything where public art would be incorporated in the
project.
Councilman Snyder stated that these are issues that come up any time someone comes in with
a project that looks like this, and these issues can be addressed as the project goes through
the process.
Mayor Kelly stated he had no problem with signals if they work properly, are coordinated,
and move people in and out. However, in looking at the DSL property across the street, he
said this project had a long way to go. He added that he did like the Peoplemover plan but
did not want the same situation like we have just adjacent to it.
Councilmember Benson expressed additional concern with moving Painter's Path and said she
could not imagine that the people at Sandpiper would be thrilled to have a recycling center
right up against their property.
Mr. Wilmot stated that he understood Council's concerns. With regard to the sea of parking,
he said it would be 2,500 cars, and he asked how do you deal with that. He said he also
thought it would be a mistake not to have a signalized intersection and that the study says it
would not interrupt the progression of the existing signals on that street.
Councilman Crites commented that every traffic signal that has ever been presented has been
presented as a boon to traffic control.
Councilman Wilson stated that Mayor Kelly commented that with proper coordination of
signals there would be no problem; however, he said he had yet to see the first coordinated
signal. He said Highway 111 is a major thoroughfare through our city, and we have an
obligation to those people who want to get from one end of the Valley to the other end not
to hinder their progress.
Mr. Diaz stated that in terms of the signalization issue, staff will come back to Council with
a report on the impacts, both with and without signalization, and what would happen with one
that is synchronized. With regard to parking, he said staffs concern was not the amount of
spaces but that it not look like that many spaces. He said this could be handled with berming
treatment. With regard to public art, he said there was a fountain treatment on the corner
and that staff would work with the applicant on that.
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Mayor Kelly stated that he did like the fountain and that it could be a really nice feature of
the project.
Mr. Diaz stated that formal application for the precise plan would have to be processed
through the Architectural Review Commission and Planning Commission but that staff wanted
to know of Council's concerns now.
Councilman Wilson suggested that perhaps some sites could be identified that the Council
could visit that would show us the type of architecture being proposed. Council concurred.
Mr. Wilmot stated that the plans did not really show what he wanted. He said he did not
want to have the trendy Hollywood type fronts and that he wanted this center to look great.
He added that there was also a massive tree planting plan for the parking lot which would
help soften the project.
No Council action was taken on this item.
B. PRESENTATION BY RICHARD OLIPHANT RELATIVE TO THE SIERRA NOVA
PROJECT ASSESSMENT DISTRICT.
Mr. Richard Oliphant, 77-900 Avenue of the States, Palm Desert, Affiliated Construction
Company, stated he was the developer of a project called "Sierra Nova". He reviewed the
staff report from Mr. Ortega and said he felt the project had followed all of the criteria set
down by the City. He asked that Council direct staff to work with them on this 1915 Act
bond issue.
Councilman Snyder stated that the Council wanted to assure itself that if it is going to be in
a bond issue, that it has the ability to pay itself off and that we have more than adequate
coverage to make sure those bonds will not fail.
Mr. Oliphant responded that there is no such thing as a totally risk -free project but that they
had tried to look at every aspect of this project to minimize the risk to everyone involved.
He said we can be assured that we have done as good a job as we could at this point in time.
Mayor Kelly stated that he had no problem with the five issues noted in the staff report.
Councilman Crites moved to, by Minute Motion, approve this request subject to the five conditions
outlined in the staff report dated July 9, 1992. Motion was seconded by Snyder and carried by unanimous
vote of the Council.
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C. INFORMATIONAL ITEMS:
1. Palmer CableVision Update.
Mr. Yrigoyen stated staff had not received any complaints regarding the change in
channels.
Councilman Crites stated that with regard to the "redoing of the service", he was told
by one of the workers the other day that it might be about three years before it gets
to the upper end of Palm Desert but that Rancho Mirage had complained more about
it. He asked that staff "up the decibels" of our complaints to make sure all the cities
are being treated in fairly equal fashion.
2. Status of Multi -Agency Library.
Mr. Altman stated that Council had asked that this item be placed on every Agenda.
DR. DAVID GEORGE, College of the Desert, stated he had a packet of materials to
give to Council after his presentation. He said this packet contained the resolution
had been passed last month by the Board of Trustees to proceed with the library, a
summary of the memorandum of understanding with the County library people, a
maintenance agreement dealing with the inside/outside logistical issues around the
multi -agency library, and a letter he sent to several municipal officials, including
Mayor Richard Oliphant of Indian Wells and the Cities of Palm Desert and Rancho
Mirage. He said after talking with Mr. Altman and Mr. Oliphant it was suggested
that everyone get together for a conference session to discuss construction costs, bond
financing, and other items.
He said from his perspective there was only one document that was not in place, and
that is the financial agreement being worked out with the City of Palm Desert. He
said that as far as he knew, Palm Desert staff had drafted the document, the College
reviewed it and sent a response back. In talking with Mr. Altman, he said he felt the
respective staffs needed to get together to negotiate that document down because the
College took one position, and the City took another.
He suggested that there was no reason why we cannot continue from this date forward
to begin to get the final architectural design work, soils testing, etc. and move this
forward. He said they were negotiating with Indian Wells and Rancho Mirage for
additional funds for the College portion of this to minimize the College's financial
exposure.
Mayor Kelly asked what the estimated date was for completion of the library.
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Mr. Diaz responded that it could be completed in approximately one and a half to two
years. He said this could be accomplished if we could have the financial agreement
in place next month.
Mayor Kelly asked what the actual location of the library was. Mr. Diaz responded
that it was in the general area of the College tennis courts and the CalState Campus.
Dr. George added that all of the facility would be on the College property, and
parking would be just as you turn into the College from San Pablo.
Mayor Kelly stated that this was something that we had been working on for seven
years. He asked how we know that it will not take another seven years to get this
done.
Mr. Diaz stated that staff could come back with a financial agreement suggestion for
Council at the next meeting as well as a site plan to show where the facility will be
and go from there.
Mayor Kelly asked if it would be possible to move ahead quickly with a portion of
the library if we locate it somewhere closer to contiguous property of the City and the
College so we could get the portion that the average citizen uses up and running.
Councilman Wilson said he felt this would be a mistake. He said he felt we are closer
now, and once we get that financial agreement signed we will be up and running. He
said we should move forward and build the original facility that was a state-of-the-art
library that will serve many different uses and needs. He added that he had not seen
any great clamor from the community that we are way behind on this facility.
Councilman Snyder agreed and said the actual building was only a small part of this.
He said the difficulties were who will run it, what kind of library it will be, etc. He
added that he felt it was important for us to expedite the project.
Councilman Crites stated that the reason there is no great clamor is that some citizens
have given up on it, and the others go to Palm Springs. He said it would behoove us
to have the site plan issue put to rest.
Mr. Altman stated that the biggest potential problem is the operating of the College's
part. He added that we have money through the library tax to run the City's part.
Councilmember Benson stated that we have waited a long time but that she did not
want to wait another seven years for the facility.
Mayor Kelly added that location was important to him. Although this is going to be
a public library, people do not always feel welcome in a college setting. He said he
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would be concerned that it look like something the average citizen would feel welcome
to visit.
XI. CONTINUED BUSINESS
None
XII. OLD BUSINESS
A. REQUEST FROM GENE GERITZ FOR RECONSIDERATION OF THE CITY
COUNCIL'S DECISION TO POSTPONE PROCESSING OF "THE CREST".
Mr. Diaz reviewed the staff report, noting that Council had instructed staff not to proceed
further with the Environmental Impact Report on this project. He said the developers were
here to state reasons as to why staff should be instructed to proceed.
MR. TYLER MILLER, developer of The Crest project, stated they had been before Council
two years ago. He introduced Mr. Gene Geritz, planning consultant for the project.
MR. EUGENE GERITZ spoke on behalf of the Miller Richard family, owners of the
proposed Crest project. He said they had come before Council two years ago with a
conceptual plan for this project. A number of concerns were raised by Council at the
hearing, and he summarized those concerns: 1) that the site be preserved in its natural state
to the greatest extent possible, 2) that the development not be visible from the floor of the
Valley, 3) that direct access be obtained from Highway 74 with all necessary utilities, 4) that
emergency access be provided, 5) that the developer work with the BLM, U.S. Fish &
Wildlife Service, California Fish & Fame, Big Horn Research Institute, Coachella Valley
Mountains Conservancy, to satisfy any concerns they might have with the project, and 6) that
the developer work with neighbors to mitigate their concerns.
Mr. Geritz stated that the original studies dictated that they would set aside over 60% of the
site as dedicate open space, with no development ever in that area. He said after a year of
surveys and walking the site, they had gone out and specifically located every potential home
site that might be built on the property, with each home site restricted to a 15,000 square foot
area. Everything else surrounding each home site would remain in its natural state and would
be covered by an easement to ensure that no grading will ever occur. He said that of the
entire 800 acres, only 81 acres (12%) would be developed and improved. Another item of
concern was that the site had a substantial number of washes, and he said that no development
would occur in conjunction with any of the washes. With regard to visibility from the Valley
floor, he said they were not building on any of the ridges.
With regard to access to the project, Mr. Geritz stated that the only access this time is across
the bridge by the church and then up the maintenance road. He said they would acquire a
small piece of property from the church and had negotiated an agreement with CalTrans to
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provide access to align with Homestead. He added that they had an agreement with the
Coachella Valley Water District to allow them to build a bridge over the channel which will
not only carry traffic into the area but would also allow all of the underground utilities to be
put in. Also, by controlled gates, they would be providing access to the projects to the south.
Mr. Geritz also noted that meetings had been held with representatives of the Bureau of Land
Management, U.S. Fish and Wildlife Service, California Department of Fish & Game, Jim
DeForge of the Big Horn Research Institute (who said he would not like to see the area
developed but had no specific objections), and the Coachella Valley Mountains Conservancy.
He said they had met with all of their neighbors, the homeowners in Cahuilla Hills, residents
of Sommerset, and the Palm Desert Property Owners Association and that they were in
support of the project.
Mr. Geritz stated the Environmental Impact Report had been submitted for review. The
initial review period of 45 days was extended an additional 45 days at the request of the
Sierra Club and the Mountains Conservancy. At the end of that comment period, he said
approximately 12 comment letters had been submitted for review by the environmental
consultants. In addition, during the additional 45 day review period, the status of the Big
Horn Sheep listing had been changed from candidate status to consideration for endangered
species. He said in its response letter, the Sierra Club requested that the City postpone
consideration of the Environmental Impact Report until after the U.S. Fish and Wildlife
Service makes a decision as to whether the Big Horn Sheep should be considered as an
endangered species. He said they did not believe this was necessary or advisable because of
timing, since the U.S. Fish and Wildlife review may not be completed until April of 1993.
In addition, the City's environmental consultant (Ogden) has completed an extremely in-depth
analysis of the potential physical impacts on the Big Horn Sheep that may be created by the
project. He said that report states that no adverse impacts to the sheep will occur if the
mitigation measures proposed in the EIR are implemented.
Mr. Geritz stated that the letter from Ogden stated there was no need for delays to occur in
the processing of the EIR and the application. Allowing it to proceed would allow the
consultant to comment on the letters submitted. He said they had contacted the Portland
office of the U.S. Fish and Wildlife Service and requested their comments on whether or not
they felt there was any need or desirability or legal requirement for such a postponement to
occur while they were doing their review. The response was that there was no reason that
the EIR process should be stopped pending a listing action by the Service. He added that
neither the BLM nor the California Department of Fish & Game objected to the development
of the project in their response letter to the EIR nor in any way requested that the processing
be delayed. He said they had constructive suggestions relative to potential additional
mitigation but no objections to the project itself. He stated that even though there was the
90-day review period for the EIR, the U.S. Fish and Wildlife Service did not comment on
the EIR. He said they did not indicate they saw any reason or need for a delay in moving
forward with the EIR process. However, he said he would propose to continue to consult
with the U.S. Fish and Wildlife Service, and he asked that a condition be attached to the
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potential project and EIR approval stating that no grading or development will occur until
appropriate permits are obtained from U.S. Fish and Wildlife Service.
Mr. Geritz stated that his request was that staff be authorized to continue the processing of
their application. He said this would allow the City's consultant to complete the
Environmental Impact Report. He offered to answer any questions.
Councilmember Benson asked how many lots had been identified. Mr. Geritz responded that
roughly 190 lots had been identified and added that this project had very specialized lots and
would have phases of probably 25 lots each.
Upon question by Councilman Wilson, Mr. Geritz stated that CalTrans had agreed to the
ingress and egress at Homestead, a new entrance on Highway 74. Wilson asked if
consideration had been given to ingress and egress on Cahuilla Way, which will probably
have a signalized intersection some day, and Mr. Geritz responded that this had not been
considered because of the potential impacts it would create within the Cahuilla Hills
development itself. Wilson stated that it seemed the impact on Highway 74 would be greater
than the impact on the Cahuilla Hills roads because of traffic congestion. Mr. Geritz
responded that with less than 200 homes, the traffic would be very limited. He added that
the amount of traffic on Highway 74 was not the issue - the issue was the speed of the traffic.
Councilman Snyder stated he felt this the project made sense to him and that we should go
ahead with the process.
Councilman Snyder moved to, by Minute Motion, direct staff to continue processing the project.
Mayor Kelly seconded the motion on the basis that it seemed that the applicant had done an
excellent job mitigating impacts of the project. He said the Council has said more than once that it wants
to be the ones to process these kinds of projects around our City and not the County, and if the applicant
is not allowed to proceed with the process, someone should purchase it.
Councilman Wilson stated he felt uncomfortable moving forward without a staff
recommendation or analysis.
Mr. Diaz stated that this was basically a policy decision. With regard to continuing with the
processing of the project, he said the property is currently not in the City. In addition, the
City has to approve the preannexation zoning and certify the Environmental Impact Report
before we can even start the annexation. He said the reason staff was instructed to stop the
processing was concern about the possible change in the classification of the Big Horn Sheep.
Councilman Snyder stated there was nothing wrong with stopping the process when staff feels
there is a problem. He said he felt we should continue to process, and if something comes
up that needs Council consideration, staff should bring it back to the Council.
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Councilman Crites stated he had originally made the suggestion about the project because
conversations with the Bureau of Land Management and U.S. Fish and Wildlife Service
indicated they had concerns. As long as they have not formally opposed the project, he said
he would agree to going ahead with it.
Upon question by Mayor Kelly as to how the process was stopped to begin with, Mr. Diaz
responded that it was discussed in Closed Session under threatened litigation approximately
two months ago.
Mayor Kelly called for the vote. Motion carried by unanimous vote of the Council.
Upon motion by Crites, second by Snyder, and unanimous vote of the Council, Mayor Kelly
recessed the meeting at 6:15 p.m. for dinner. He reconvened the meeting at 7:00 p.m.
B. PROGRESS REPORT ON PEOPLE MOVER DEMONSTRATION PROJECT AND
RATIFICATION OF CITY'S COMMITMENT IN APPLICATION FOR GRANT.
Note: This item was considered at the 7:00 p.m. portion of the meeting.
Mr. Altman asked that the Council add a related item relative to an agreement to develop
public parking at the Town Center.
Councilman Snyder moved to add this item to the Agenda for discussion. Motion was seconded
by Crites and carried by unanimous vote.
Mr. Yrigoyen reviewed the staff reports, noting that the application for grant had been
submitted for the initial study. With regard to the added item, he said the recommendation
was that staff be authorized to negotiate an agreement for the development of public parking
at the Town Center. He said this would integrate the parking along with the people mover
station.
Mayor Kelly questioned how the application for the grant fit in with this.
Mr. Altman responded that if we are successful in getting the $35 million, therew would have
to be matching portions that are local. Our local matching portion could be parking.
Councilman Crites said it was his understanding that we are not committing ourselves to
spending any dollars at all for parking at the Town Center. Mr. Altman responded that there
was no commitment at this stage but that staff would be proposing that the City does spend,
and he said staff would come back at a later time for that.
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Councilman Snyder moved to, by Minute Motion: 1) approve recommendations outlined in the staff
report dated July 9, 1992, 2) authorize staff to negotiate an agreement for the development of public parking
at the Town Center. Motion was seconded by Crites with the understanding that this implies no commitment
of any dollars. Motion carried by unanimous vote.
XIII. REPORTS AND REMARKS
A. CITY MANAGER
1. Civic Center Landscape Proiect
Mr. Altman asked that this item be added to the Agenda by 4/5ths vote.
Councilman Crites moved to add this item to the Agenda for discussion. Motion was seconded by
Snyder and carried by unanimous vote.
Mr. Folkers reviewed the staff report and offered to answer any questions.
Upon question by Councilman Wilson as to why the cost for landscaping was so high,
Mr. Folkers responded that this contract would be to change the landscaping from
grass to drought tolerant as well as clean up the Civic Center area. He added that it
would then be compatible with the Sheriff's Station.
Councilman Snyder moved to, by Minute Motion: 1) Award the Civic Center.Landscape Project
contract to Westscape Development Corporation in the amount of $276,249.00 and authorize a ten percent
contingency in the amount of $27,624.90, 2) appropriate $303,873.90 from the Unobligated New
Construction Tax Fund. Motion was seconded by Crites and carried by a 4-1 vote, with Councilman Wilson
voting NO.
2. Traffic Control at Whitewater Wash near Portola Country Club
Mr. Altman stated that this item had also come up after the Agenda was posted.
Councilman Snyder moved to add this item to the Agenda for discussion. Motion was seconded
by Crites and carried by unanimous vote.
Mr. Folkers stated that he had been advised yesterday by the contractor retained by
the water district to put flood control protection on the Whitewater Wash from Portola
west of Gran Via that the construction project would be started very shortly. He said
the first steps were some earth work and grading, and approximately July 20th they
would begin to pour the protection walls. He said there would be concrete trucks
going in and out of the site, and the only possible ingress and egress was at the bridge
structure that we have on the west side. He stated that staff was recommending that
the Council support a temporary three-way stop at the Portola Country Club entrance
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REGULAR PALM DESERT CITY COUNCIL MEETLNG
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north of this site to stop traffic so that the speeds and the problems of controlling
south -bound vehicles that will be interfering with the concrete trucks going in and out
of the site will be minimized. He said with regard to north -bound vehicles, they
would not be allowed to make turns into the work site, and south -bound would be
right turn in and right turn out. He added that staff would be talking to people at
Portola Country Club and advising of this situation and the fact that this will be an
interim measure until October or November.
Councilman Wilson moved to approve staff's recommendation.
Upon question by Councilman Crites, Mr. Folkers responded that the City's standard
work hours are from 6:00 a.m. to 7:00 p.m., and if the contractor requests an
exception to those hours, they will have to get approval from all the country clubs and
residents along the site.
Councilman Crites questioned the need for putting in a stop sign that will be effective
24 hours a day, seven days a week for the next several months instead of just having
the water district have a person with a flag out slowing traffic when it is needed.
Mr. Folkers responded that this would not stop the high-speed south -bound traffic,
and staff is very concerned about possible rear -end collisions. He added that the
standard construction worker does not know how to handle traffic control, and it
would have to be an off -duty Sheriff's deputy or a firm that does this type of work.
Councilmember Benson asked what would happen when the project is completed and
the people at Portola Country Club want the three-way stop to stay. Mr. Folkers
responded that it might be a problem but that staff would go and explain the situation
to them.
Councilman Wilson stated that what Councilman Crites was suggesting is what is done
on mountain roads or other roads that have construction: part of the construction
contract requires them to have flag men to stand there and stop the traffic as needed,
and these are not any more than regular construction workers.
Councilman Crites added that he did not understand why there needed to be a stop
sign put in when the majority of the time during the week there is zero need for that
traffic control; i.e., there is no need on Saturdays and Sundays, no need for it in the
evenings, etc.
Councilman Wilson said he felt Crites made a good point; however, there is a
problem at the entrance to Portola Country Club, and this is a good way to take care
of two problems at the same time.
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Councilman Wilson moved to approve staff's recommendation for installation of a temporary three-
way stop sign. Motion was seconded by Snyder and carried by a 4-1 vote, with Councilman Crites voting
NO.
B. CITY ATTORNEY
1. Ordinance No. 687
Mr. Erwin asked that Council consider adding an item to the Agenda to adopt
Ordinance No. 687 dealing with a development agreement between the City and
Williams Development for a senior housing project.
Councilman Wilson moved to add this item to the Agenda for consideration. Motion was seconded
by Snyder and carried by unanimous vote.
Mr. Erwin stated that this ordinance had been introduced at the last meeting and that
staff recommended that Council adopt the ordinance at this time.
Councilmember Benson moved to waive further reading and adopt Ordinance No. 687. Motion
was seconded by Wilson and carried by unanimous vote.
2. Closed Session
Mr. Erwin requested a Closed Session at the appropriate time pursuant to Government
Code Section 54956.9 (a), Existing Litigation (Levald v. Palm Desert re: Indian
Springs Mobilehome Park; Rancho Mirage Industrial Park v. City of Palm Desert),
(b), Threatened Litigation, and (c), Pending Litigation.
C. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Reauests for Action:
1. Councilman Crites expressed concern with businesses such as Price Club, Home
Club, etc., which store items on high shelves above where customers are walking
while shopping. He asked that staff look into some kind of regulations for future
construction and also for areas that may end up being annexed to Palm Desert,
especially since we are so close to the San Andreas Fault.
2. Councilman Wilson asked whether the meeting on Monday to interview
advertising agencies was a regular City Council meeting and if the Council could
take action to award the contract at that time.
Mr. Erwin responded that if the Council wished, it could adjourn this meeting to
the appropriate time on Monday.
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Councilman Wilson said he felt the Council should make a decision as soon as
possible. He said the Promotion Committee wanted to move forward with a
marketing plan, and the longer we delay the more we risk losing good market
buys.
o City Council Committee Reports:
None
XIV. ORAL COMMUNICATIONS - B
None
XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
Council considered Old Business Item B and Reports and Remarks following completion of the
remainder of the Agenda. Please see those sections of the Minutes for discussion and Council
action.
XVI. ORAL COMMUNICATIONS - C
None
XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PROCLAMATION DECLARING JULY 9, 1992, AS "ROMEO MATA DAY" IN THE
CITY OF PALM DESERT.
Mayor Kelly read the proclamation and presented it to Mr. Mata. In addition, Mr. Dan
Callahan, representing the Palm Desert Historical Society, expressed his appreciation for the
work Mr. Mata had done in restoring the old fire engine.
B. APPOINTMENT OF FIVE MEMBERS TO THE EL PASEO BUSINESS IMPROVEMENT
AREA BOARD.
Mrs. Gilligan noted that the recommendation was for the Council to appoint six members,
not five as the Agenda indicated.
Councilman Snyder moved to, by Minute Motion: 1) Ratify the results of the June, 1992, election,
2) appoint Adeline "Kathi" Mancuso, Sonia Campbell, and Robert Gibson to three-year terms, 3) appoint
,arl Wehrli, Beverly Carpenter, and Billy Pence to one-year terms on the El Paseo Business Improvement
-ea Board. Motion was seconded by Crites and carried by unanimous vote of the Council.
19
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REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 1992
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XVIII. PUBLIC HEARINGS
A. REOUEST FOR FORMATION OF LANDSCAPING AND LIGHTING DISTRICT NO. 92-
7, WARING COURT (Continued from the Meeting of June 11, 1992).
Mr. Folkers reviewed the staff report, noting that this was continued because of concerns
raised by residents. He said staff's recommendation at this time was to continue the hearing
to the meeting of August 13th after receiving testimony from the public.
Mayor Kelly noted that the public hearing was open and invited testimony in FAVOR of or
OPPOSED to this request.
MR. MORTON BARUH stated that he and his wife owned 100% of the stock of Ken -More
Enterprises, the developer of Waring Court. He said although he was not a contractor, he
had invested in this property in 1989; he had associated himself with a building contractor
and had built half of Waring Court (eight homes), with eight homes still remaining to be
built: He said he was not aware of the provision about the assessment district because all of
those types of things were handled by his associate, who is no longer a stockholder or
member of the corporation. He agreed that he had told people who were purchasing the
homes that there was not any homeowners association and had also indicated that the property
would be deeded to the City for maintenance of the perimeter landscaping after he maintains
it for one year He said he did not at any time tell anyone that they were or were not going
to be assessed. He noted that after receiving the letter from Mr. Folkers relative to the
release of his maintenance security and the issue of the assessment district, he had met with
the homeowners but that he did not really know what to tell them because he honestly
believed that this was not his problem. He said he felt what he did or did not tell the
homeowners relative to an assessment district had no bearing on whether the City will release
his maintenance security.
Mr. Baruh stated that Section 8 of the conditions of approval stated that in the event that no
homeowners association is formed, the applicant shall provide for the formation of a
landscaping and lighting maintenance for landscaping and maintenance. He said he had paid
for that and felt his letter of credit, which was causing him some embarassment at the bank,
should be released. He added that he had made a commitment to the homeowners that he
would pay for the maintenance through the month of August because of their request to
continue this hearing to the August 13th meeting; however, he felt it was not his busniess
whether or not the City is going to form a landscaping assessment district.
MR. LOU MENENDEZ said he felt it was the responsibility of the developer to know about
these types of things. He said he found this totally unfair and asked that the matter be
continued to the next meeting so that he could get some legal advice.
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MR. ROSS McMILLAN spoke in opposition to the homeowners being assessment for
maintenance of the landscaping and in favor of the continuance until Mr. Dennis Molloy
returns from vacation.
MR. EUGENE PREUSS agreed with the continuance. He said that on the disclosure section
of the deposit receipt signed by Mr. Baruh at the time of purchase is a statement that the
seller must make the buyer aware of certain things. One question deals with knowledge of
the common area that must be maintained, and it was marked "no", which he felt indicated
the seller should be aware of the common area and that the homes would be assessed in the
future.
MR. RON MACHUSEK also spoke in favor of continuing this matter to the next meeting.
Councilman Wilson moved to continue this matter to the meeting of August 13, 1992. Motion was
seconded by Snyder and carried by unanimous vote of the Council.
B. REQUEST FOR CONSIDERATION OF STREET VACATION - HOVLEY LANE EAST
AND EL DORADO DRIVE (TRACT 23940-1, Robert B. Varner, Applicant).
Mr. Folkers reviewed the staff report, noting that this vacation was for the interior streets
within the development, not Hovley Lane and El Dorado Drive.
Upon question by Councilmember Benson, Mr. Folkers responded that the first phase was
under construction at this time.
Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or OPPOSED
to this request. None was offered, and he declared the public hearing closed.
Councilmember Benson moved to waive further reading and adopt Resolution No. 92-75, vacating
the public rights -of -way within Tract 23940-1. Motion was seconded by Snyder and carried by unanimous
vote of the Council.
XIX. ORAL COMMUNICATIONS - D
None
XX. ADJOURNMENT
Councilman Wilson moved to adjourn to Closed Session at 7:55 p.m. pursuant to Government Code
Section 54956.9 (a), Existing Litigation (Levald v. Palm Desert re: Indian Springs Mobilehome Park;
Rancho Mirage Industrial Park v. City of Palm Desert), (b), Threatened Litigation, and (c), Pending
Litigation, said Closed Session to immediately follow adjournment of the Redevelopment Agency meeting.
Motion was seconded by Benson and carried by unanimous vote.
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REGULAR PALM DESERT CITY COUNCIL NIEETING JULY 9, 1992
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Councilman Wilson moved to adjourn the meeting at 8:45 p.m. to 1:30 p.m. on Monday, July 13,
1992. Motion was seconded by Benson and carried by unanimous vote of the Council.
RI ARD S. KELLY, MAYOR
RIVARD
ATTEST:
�SHEILA R. GILLIAN, CIT' JLERK
CITY OF PALM DESERT, C IFORNIA