HomeMy WebLinkAbout1992-11-12MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, NOVEMBER 12, 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
M. INVOCATION - Mayor Pro-Tempore Jean M. Benson
IV. ROLL CALL
Picot
Mayor Pro-Tempore Jean M. Benson
Councilman Walter H. Snyder
Councilman S. Roy Wilson
Mayor Richard S. Kelly
Excused Absence:
Councilman Buford A. Crites
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 Folkers, ACM/Director of Public Works
Carlos L. Ortega, ACM/Executive Director of RDA
Paul Shillcock, ACM/Economic Development Director
Agnes Flor, Accounting Manager
Frank Allen, Code Compliance Director
Pat Conlon, Building Director
Dave Millheim, Human Resources Director
V. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of October 22, 1992, and the Special
Meeting of October 30, 1992.
Rec: Approve as presented.
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Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Iris Tire and Rubber
Company for McCowan's Irish Inn, 73-340 Palm Desert Drive, Palm Desert.
Rec: Rective and file.
D. APPLICATTON FOR ALCOHOLIC BEVERAGE LICENSE by Kathleen A. and Stephen R.
I.eech for JC's Patio Cafe, 73-200 F1 Paseo, �lA, Palm Desert.
Rec: Receive and file.
E. APPLICATION FOR AI,COHOLIC BEYERAGE LICFNSE by Ruth A. Setlin for Cafe St.
Tropez, 72-820 El Pa.geo, Palm Desert.
Rec: Receive and file.
F. RF�OLUTION NO. 92-103 - A RESOLUT'ION OF Tf� CTTY COUNCII. OF TI� CITY �
OF PALM DESERT, CALIFORNIA, SETTING FORTH TTS FINDINGS AND
AUTHORIZING 'THE DESTRUCTION OF FILES FROM TF� DEPARTMENT OF
BUII.DING AND SAFETY THAT HAVE BEEN MICROFII.MED.
Roc: Waive further reading and adopt.
G. $EQUFST FOR APPROVAL of Amendment to the Bylaws of the F1 Paseo Business
Asso�ciation.
Rec: By Minute Motion, appmve the ama►dments dated October 15, 1992.
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Rec: By Minute Motion, appropriate SS,000 W Account �110-4111-410-3640 to cover
the cost of filing f�es for Palm Desert Annexation No. 29 - Palm Desert Country
Club.
I. �OUFST FOR APPROVAL of a Request by the Coachella Valley Boys and Girls Club for
Use of Klieg Lights at the McCallum Theatre for a Fund Raiser.
Rec: By Minute Motion, approve the roquest.
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J. REQUEST FOR APPROVAL of Release of Subdivision Improvement Security for Tract No.
24287, Desert Community Properties, Applicant.
Rec: By Minute Motion, accept the subdivision improvements as complete and authorize
the City Clerk to release the subject improvement securities for this project.
K. REQUEST FOR ACCEPTANCE OF WORK on Contract No. 00-589 with Matich
Corporation for the El Paseo Median Modifications.
Rec: By Minute Motion, authorize thi City Clerk to file a Notice of Completion for the
subject project.
L. REOUEST FOR APPROVAL OF REOUEST by El Paseo Business Association for Use of
Klieg Lights for Holiday Kick -Off Promotion on November 27, 1992.
Rec: By Minute Motion, approve the request.
M. REOUEST FOR AWARD OF CONTRACT No. C06800 for Presidents' Plaza Parking Lots
Sweeping.
Rec: By Minute Motion, award the contract for sweeping of the Presidents' Plaza
Parking Lots to M & M Sweeping, Inc. in the amount of $3,900.00.
N. REOUEST FOR APPROVAL of Change Order No. 1 to Contract No. C06330, Mike's
Custom Flooring, for Carpet Installation.
Rec: By Minute Motion, approve Change Order No. 1 in the amount of $1,754.59.
O. REOUEST FOR RATIFICATION of Change Order No. 2 to Contract No. C05200 with
Street Works and Change Order No. 1 to Contract No. C05890 with Matich Corporation.
Rec: By Minute Motion, ratify Change Order No. 2 to Contract No. C05200 in the
amount of $2,418.86 and Change Order No. 1 to Contract No. C05890 in the
amount of $5,442.69.
P. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Contract No.
QOM, Repairs to the Civic Center Parking Lot. .
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for
Contract No. C06980.
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Q. REOLTEST FOR �PPROVAL of Hold Harmless Agreement No. �QQ� with Southern
California Edison.
Rec: By Minute Motion, approve the agreement and authorize the Mayor to execute
same.
R. REO[JEST FOR APPROVAL of Out-of-State Travel for Crime Prevention Officer.
Rec: By Minute Motion, approve the out-of-state travel.
Councilmember Benson removed Item H for stparate discussion under Section IX, Consent Items
Held Over, of the Agenda. Councilman Wilson also removed item O for separate discussion.
Upon motion by Snyder, sa�And by Wilson, the remainder of the Consent Calendar was approved
as presented by unanimous vote of the Council.
VI. ORAL CO1��IlVILTr1ICATIONS • A
MR. ED BENSON, 1106 Sandpip�r, Palm Desert, addressed Council relative to the Coachella
Valley Community Concxrts Association, which he said cun�ndy has 640 members. He invoduced ,�
Mr. Martin Langer as the individual responsible for the growth of this organization.
MR. LANGER said the Association had undertal�en an outrrach program through the Desert Sands
Unified School District with the intent of bringing into the schools the ldnds of activities and
musiral programs that have baen denied the children due to budget cuts. He submittod an
informational packet to the Council outlining the program (on file and of record in the Ciry Clerk's
Offica) and asked for Council's encouragement and support.
Councilman wilson said he thought the idea sounded intriguing. He suggested that Mr. Langer
max with staff to explain the program and that staff then prcpare a report and recommendation for
the next Council moeting on Deoember 3, 1992. Council concurred.
MR. TII�i ENSIGN, Westinghouse Desert Communities, asked for Council permission to dispiay
The Sldns Game posters in store fronts throughout the City.
Councilman Wilson movod to add this item to the Agenda as a lata item. Motion was secondod
by Snyder and carriod by unanimous vote of the Council. �
Councilman Wilson moved to, by Minute Motion, approve the request for permission to display
The Skins Gamo posters in store fronts throughout the City of Palm Desert. Motion was secondcC by
Benson and carried by unanimous vote of the council.
MR. ED WENZLAFF, 72-787 Tamarisk, addressed Council and expresse� concern w�ch che
gardening employees of Deep Canyon Tennis Club parking on his street. He said he and o�her
residents on Tamarisk were coneerned about increased traffic, emergency and service vehicles noc
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being able to turn around at the end of the cul-de-sac because of the employee parking and having
instead to use neighbors' driveways, etc. He said they felt Deep Canyon Tennis Club was
responsible for providing off-street parking for its employees, and he asked for Council's help.
He also submitted information to the City Clerk regarding this request (attached hereto and made
a part hereof as Exhibit "A").
Mayor Kelly stated that staff would look into this matter and report back to Council.
Councilmember Benson added that she had asked the City Attorney to look at this issue.
Councilman Wilson asked whether Council could authorize the residents of a neighborhood, if they
wished to do so, to have their street posted for no on -street parking or perhaps only one- or two-
hour parking. He asked Mr. Erwin to include this in his report.
With Council concurrence, Mayor Kelly suspended the remainder of the Agenda at this point in
order to: 1) Present to Pam Rutledge the proclamation declaring Wednesday, November 19, 1992, as "Great
American Smokeout Day" in the City of Palm Desert, 2) consider Continued Business Item B relative to
Palmer Cablevision's request for approval of the transfer of the franchise to Colony Cablevision of
California. See those sections of the Minutes for Council discussion and action.
VII. RESOLUTIONS
None
VIII. ORDINANCES
For Introduction:
None
For Adoption:
None
IX. CONSENT ITEMS ELELD OVER
H. REQUEST FOR APPROPRIATION of Funds for Annexation No. 29.
Rec: By Minute Motion, appropriate $5,000 to Account #110-4111-410-3640 to cover
the cost of filing fees for Palm Desert Annexation No. 29 - Palm Desert Country
Club.
Councilmember Benson stated she had removed this item because it was her understanding
that Palm Desert Country Club would pay for this filing fee.
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Mr. Diaz responded that Palm Desert Country Club had paid the original filing fee to come
into the City of Palm Desert's sphere of influence. He added that this request for annexation
would not be filed with LAFCO until an agreement is reached with the County of Riverside
on several issues.
Councilmember Benson moved to, by Minute Motion, appropriate the amount of SS,000.00 tro
Account A�110-4111-410-3640 to cover the cost of filing fees for Palm DeseR Annexation No. 29 - Palm
Desert Country Club. Modon was seconded by Snyder and carried by unatimous vote.
O. REOUEST FOR RATIFTCATION of Change Order No. 2 to Contract No. C05200 with
Street Works and Change Order No. 1 to Contract No. � with Matich Corporation.
Roc: By Minute Motion, ratify Change Order No. 2 to Contract No. C05200 in the
amount of $2,418.86 and Change Order No. 1 to Contract No. C05890 in the
amount of 55,442.69.
Councilman Wilson stated he had removed this item in error. He moved to, by Minute Motion,
ratify Change Order No. 2 to Contract No. C05200 in the amount of 52,418.86 and Change Order No. 1
to Contra�ct No. C05890 in the amount of 55,442.69. Motion was secondod by Snyder and carried by
unanimous vote. �
R. NEW BUSINESS
A. REOUEST FOR APPROVAL OF JOINT POWERS AGREEMENT BE'I'WFEN THE CTTY
OF PALM DESERT AND ITS REDEVELOPMENT AGENCY AND THE COUNTY OF
RIVERSIDE AND TTS REDEVELOPMENT AGENCY FOR 'THE ACQUISITiON AND
DEVELOPMENT OF 10 ACRES OF PROPERTY FOR 'THE PURPOSE OF CREATIIJG
PUBLIC OPEN SPACE, RECREATION, AND A TRANSPORTATION CENTER.
Mr. Altman notod the staff report in the packets and offered to answer any questions.
Councilman Wilson moved to, by Minute Motion, approve the Joint Powen Agreement (No.
� between the City of Palm Desert, the Palm Desert Redevelopment Agenc}�, the County of
Riverside, and the County of Riverside Redevelopment Agency. Motion was seconded by Benson and
carried by unanimou� vot�.
B. C4NSIDERATION OF AN APPEAL BY SUNRISE COMPANY TO A DECISION OF THE
BUILDING BOARD OF APPEALS AND CONDEMNATION.
Mr. Conlon reviewod the staff report, noting that this dealt with the appellants's request for
appmval to install one pedestrian and five golf cart bridges over the golf course without
guardrails. The Building Board of Appeals determinod that the building code r+equires
guardrails, and staff recommended that the Council affirm the Board's decision and deny the
aPPeal•
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REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 1992
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Mr. Alan Levine, Vice President of Sunrise Company, 42-600 Cook Street, Palm Desert,
noted the pictures distributed to Council showing bridges in other clubs in Palm Desert as
well as adjoining cities. He said they would be putting 12-inch high curbs on both sides of
the golf cart bridges which would prevent a golf cart going over the side. He said the Indian
Ridge Club requires people to be in golf carts when playing on the course, and children are
not allowed on the course unless they are also playing golf, and they too would be required
to be in golf carts. He said he felt this was an aesthetic issue as well as a financial one. He
added that the pedestrian bridge would have guardrails but that they were appealing the Code
requirement that there must not be more than four inches between the rails.
Mayor Kelly said he felt the Council sometimes lets the Building Code tie its hands and keep
it from something that is both practical and aesthetically pleasing. He said he did not see any
safety factor in putting guardrails some place where golf carts only would be traveling, and
he said he would be inclined to grant the appeal.
Councilman Wilson stated that what the appellant was proposing was similar to what has been
done in various courses throughout the Valley, and he asked Mr. Conlon if he had any
information about people falling off any of these other bridges.
Mr. Conlon responded that in checking with Fire Department personnel, the only instance
they could come up with was one where an individual went through the gate at The Vintage,
crashed, and drowned in the lake.
Councilmember Benson said she felt the rock bridge looked a lot better than the concrete
being proposed and that she would hate to see something as nice as Indian Ridge cheapened
by having just concrete bridges.
Councilman Wilson moved to, by Minute Motion, reverse the decision of the Building Board of
Appeals and Condemnation and grant the appeal. Motion was seconded by Snyder and carried by unanimous
vote.
Mayor Kelly asked that the appellant also look into how much more it would cost to put in
rock instead of concrete.
C. REQUEST FOR APPROVAL OF AMENDMENT TO THE BYLAWS AND JOINT
POWERS AGREEMENT FOR THE PALM SPRINGS/DESERT RESORTS CONVENTION
AND VISITORS BUREAU.
Mr. Altman asked that this matter be continued to the next meeting while he and
Councilmember Benson continue to work out the details.
Councilman Wilson moved to continue this matter to the meeting of December 3, 1992. Motion
was seconded by Snyder and carried by unanimous vote.
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D. REOUFST FOR CON�IDERATION OF Ti� CREATION OF A ZERO EMISSIONS
CENTER IN COOPERATION WITH SOUT�i COAST AIR QUALTTY MANAGFMF.NT
DISTRICT, SOtI'Tf�ERN CALIFORIVIA EDISON, AND CAL START.
Mayor Kelly reviawed the staff report, noting that although he had not yet discussed this with
the other agencies, his idea was to diract staff to investigate the matter and meet with the
agencies W see if they would be interested in participating in such a pmjoct and contributing
monetarily.
Councilman Wilson moved to, by Minute Motion, approve the rtquest and instruct staff to move
forward with the program and include money in the 1993-94 Fiscal Year Budget. Motion was seconded by
Snyder and carried by unanimous vote.
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1. Palmer CableVision Update.
Mr. Ort�ga noted the report in the packets. He said staff would be bringing to
Council a summary of the Cable Act, which would give the City the right to
rGregulat�e. He said this would not be automatic. The City would have to wait until i
the FCC comes up with rules and regulations and would the.�► have to apply to be a
oertified regulator. He added that this report slw�ild be to Council shortly.
2. Status of Multi-Agency Library.
Mr. Diaz reportsd that he had recently raxivod a t�lephone call from a member of
the Council suggesting an alternative site for the libcary to be west of the driving
range parldn� lot along Fred Waring Drive. He said a lot of concxrns with regard to
visibility, ttaffic flow, identity, and public transit oould be resolved by the new
location. He said he discussed this with the Rive�side City/County Public Library
peo�le, and d�ey had no problem and would actually pnfer that site. He distributed
capies of a l�x from the architect for the library indicating advantages of the new
site.
Mr. Diaz noted that one problem at this point was that information he had roceived
from the College indicated they would have no pcoblem with the Fred Waring site but
wanted to continue looldng at th� San Pablo site and have additional drawings done
with the concept of the quad going forwazd. He said staff had no problem doing this
exapt for the vost. He stated that at the last meeting, staff was authoriza! to proceed
with the soils testing (approximately a13,000), which has been halted until a site is
chos�en.
Mr. Diaz said staff was requesting Council direction to identify and secure the Fred
Waring site and procced with that site at this time. He added that staff felt the
advantages of the Fred Waring site would outweigh the disadvantages.
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Councilman Wilson commented that he had thought this idea sounded good at first.
However, in talking to Mr. Diaz, he got the indication that such a location would
require a signal at the College of the Desert entrance on Fred Waring Drive. He also
thought we were trying to build a library that would make a statement and that would
be a link with the Civic Center complex. He said with this location, the library would
not be adjacent to the Civic Center site.
Councilman Snyder said that although he did not like the idea of a new site at first,
he had changed his mind. He said the site on San Pablo would not have much
continuity because it keeps getting pushed back further from the street. He did,
however, express some concern with traffic mitigation on Fred Waring and the
possibility of having to install a signal.
Councilmember Benson said she felt the Fred Waring site was a better alternative than
the San Pablo site because of visibility to the community as well as students.
Mayor Kelly said he felt it was much more important to provide a library for the
community than to have it close to the Civic Center. He said the community is used
to going to The McCallum Theatre on Fred Waring, and it would be a good thing to
also have the library on the same street. He said this location would also solve the
problem of public transit access.
Councilmember Benson moved to, by Minute Motion, notify the Library Committee that the Council
has selected an alternate site and would like to proceed for reasons stated above. Motion was seconded by
Snyder and carried by a 3-1 vote, with Councilman Wilson voting NO.
Councilman Wilson stated that although he voted against the location, he and
Councilman Snyder had been involved in the idea of a joint library from Day 1. He
said he felt very strongly that the best expense of taxpayers' money was to build the
best library for all concerned. He said he thought this was a good project and that it
should be moved forward.
XI. CONTINUED BUSINESS
A. REQUEST FOR CONSIDERATION OF AGREEMENT (NO. c Q689Q) FOR LAW
ENFORCEMENT SERVICES BETWEEN THE CITY OF PALM DESERT AND THE
COUNTY OF RIVERSIDE (11/01/92 - 10/20/97). (Continued from the meetings of
September 24, October 8, and October 22, 1992.)
Mr. Altman asked that this item be continued once more while staff continues to work out
the details of the agreement.
Councilman Snyder moved to continue this matter to the meeting of December 3, 1992. Motion
was seconded by Benson and carried by unanimous vote.
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B. CONSIDERATION OF A REQUEST FROM PALMER CABLEVISION FOR RESCISSION
OF RESOLUTION NO. -74 APPROVING TRANSFER OF THE FRANCHISE TO
PALMER CABLE ASSOCIATES AND ADOPTION OF A RESOLUTION APPROVING
THE TRANSFER OF THE FRANCHISE TO COLONY CABLEVISION OF CALIFOItNIA
(Continued from the Me�tings of September 24 and October 8, 1992.)
Mr. Ortega noted the staff report in the packets and offered W answer any questions.
MR. STEVE N�RRITT, Palmer Cablevision, stated that Mr. Jeff Davis was present at the
meeting representing Colony Communications. He said Palmer Cablevision had benefitted
by managemtnt under Colony for the last two years. He said Palm Desert was the first ciry
in their service azea to go through the fiber optic rebuild and that they were currendy serving
approzimately 4,000 homes in Palm Desert by fiber optics, with and additional approumately
53.6 million to be spent to get the rest of the homes in Palm Desert at that same level of
service.
Mr. Merritt said they agreed with all conditions of the resolution except Items 2b and 2c but
would like to have continuing dialogue with the City on those two issues so that the tiansfer
is not held up.
Upon question by Councilman Wilson, Mr. Ortega explained that Item 2b was a request that
Palmer Cablevision allow the City access to the "Bullc Servioe Agreements" which they falt
the City h�d no jurisdiction over and which were exempted from the terms of the fianchise
agreement. He said Mr. Merritt indicated there were at least two such agrxments, and the
City had roquested copies to determine whether they are in accordance with or in violation
of provisions of the City's Ordinance No. 318. He said Palmer Cablevision's position was
that the City d.id not have the right to review the agreements.
Mayor Kelly said he felt if the City has the right to regulate the cost of basic service, it also
has the responsibility to make sure its regular customers do not subsidize another servict that
is sold by the cable company.
With re�ard to Item 2c, Mr. Ortega said staff felt the late charges imposed by Palmer
Cablevision were not fair, particularly to those customers who take the lower basic service.
Staff felt the charges were excessive and that Palmer Cablevision should bring them into line
with what other utilities charge for late payments.
Upon question by Councilman Wilson, Mr. Merritt responded that the late chazge was 55.00,
which is only assessed after an account is 30 days in arrears. Councilman Wilson asked
whether the service contracts with country clubs were for a specific period of time, and Mr.
Merritt responded that they were usually for five yean with renewal t�rms. Wilson asked
whether he would be willing to offer such five-year contzacts to anyone in the Palm Desert
servicx area. Mr. Merritt responded that he would, pmvided this is not an issue that will be
overturned by the Federal Communications Commission (FCC). He said he would be happy
W provide copies of the bulk agreements to Mr. Ortega and to sit down with him to discuss
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them and explain why they are discounted. He added that they had had these types of
agreements for ten years.
Councilman Wilson moved to waive further reading and adopt Resolution No. 92-104, transferring
the franchise subject to conditions, amended to delete Items 2b and 2c and adding that the City will continue
to work with the cable company to try and develop an equitable service contract offering for all citizens.
Motion was seconded by Snyder.
Councilman Wilson commented that he was very pleased that the City is moving forward with
a new company. He said he felt the City had enjoyed a good working relationship with Mr.
Merritt over the last several years; however, there had been problems with the Palmer
Company. He added that he looked forward to working with a new company and working
as a team.
Mr. Ortega recommended an additional amendment to the resolution to rescind Resolution
No. 91-74 which was adopted by the Council approximately a year ago approving the transfer
of the franchise agreement to Palmer Cable Associates.
Councilmen Wilson and Snyder agreed to the additional amendment. Mayor Kelly called for the
vote. Motion carried by a 3-1 vote, with Mayor Kelly voting NO.
C. CONSIDERATION OF AN APPEAL TO A DECISION OF THE ARCHITECTURAL
REVIEW COMMISSION FOR AN EXISTING SIGN AT 74-991 JONI DRIVE, #9.
(Continued from the Meeting of October 8, 1992.)
Mr. Diaz noted that Council action at the last meeting was to direct the appellant to
immediately either 1) mask the red color on the sign with white or blue or 2) take the sign
down until such time as the matter is heard by Council. He said staff continued to
recommend that Council uphold the decision of the Architectural Review Commission that
the sign be made to conform with other signs in the area and that the colors be compatible.
MR. CAL HUTCHESON addressed Council as the appellant and said he had not received
the letter until just before he left town. He said the red color of the sign had been masked.
He asked for an extension of time for the appeal so that he could iron out legal problems with
the r 6r owners association. He added that there were four or five other multi -colored
signs in the building
Mr. Diaz stated that property owners association approval or disapproval of the sign does not
mean the Architectural Review Commission would approve it. In addition, the fact that the
property owners association in the past may have approved other such signs does not
necessarily mean the Architectural Review Commission would approve this one.
Mr. Hutcheson stated that he had asked the Commission if it would approve the sign if he
received written approval of all of the property owners, and the Commissioners indicated they
would approve it.
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Upon question by Mayor Kelly, Mr. Erwin responded that the City was not a party to the
legal matter betwe�n Mr. Hutcheson and the property ownen association and that it would
not be binding on the City.
Mr. Diaz stated that because an appeal was filed, the matter was talcen out of the hands of
the Architsctural Review Commission, and the City Council must make the final decision.
He said if Council wished, it could refer the matttr back to the Architectunl Review
Commission for review and subsequent recommendation to the City Council.
Councilman Wilson moved to, by Minute Motion, refer this matier back to the Architectural
Review Commission for review and recommendation. Motion was seconded by Snyder and carried by
unanimous vote.
RII. OLD BUSINESS
None
RIII. REPORTS AND Ii►I:MARI�S
A. CTTY MANAGER
1. REQUEST FOR APPROPRIATION OF 51,500.00 FOR TF� MOUNTAINS
CLASSIC GOLF TOURNAMENT.
Mr. Altman noted that this item was posted on the Agenda Addendum dated
November 9, 1992. FIe reviewed the report and offered to answer any quesdons.
Councilmember Benson moved to, by Minute Motion, appropriate 51,500.00 from the Unobligatai
General Fund for City of Palm Desert sponsorship of two holes at S7S0.00 �ach for the Mountains Cla�ssic
Golf Tournament on January 21, 1993. Motion was seconded by Kelly and carried by unanimous vote.
B. CTTY ATTORNEY
Mr. Erwin requested a Closed Session at the appropriate time pursuant to Government Code
Sections 54956.9(a), Existing Litigation (Sheanon Lehman v. Palm Desert re: Wymer), (b),
Thre�ned Litigation, and (c), Pending Litigation, and Section 54956.8, Real Property
Transactions: 1) acquisition of real property -- approximately 10 acres north of Dinah Shore,
west of Monterey Avenue, owner - Lazar, 2) acquisition of Redevelopment Agency easements
and rights-of-way for the Cook Street projoct, one parcel ownod by William Hart and the
other by West Coast Properties.
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C. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1.
FINAL. PAYMENT ON RAYMOND HUNTER CONTRACT (posted on the
Agenda Addendum dated November 9, 1992).
Mayor Kelly stated that we still did not have a report back from the State
Department of Industrial Relations. He said that because the artist had done
the work, and the City had the obligation to keep him better informed, he
would recommend that final payment be made to Mr. Hunter so the issue Call,
be closed.
Mr. Erwin stated that the determination had been made that there was one
portion of the contract that should have been paid at prevailing wages. He
said Mr. Hunter has still not provided the information indicating that it was
paid at prevailing wage and that this issue was one which is dealt with
constantly in his office. He added that Council had approved the additional
payment subject to approval from the City Attorney.
No Council action was taken on this item.
o City Council Committee Reports:
None
XIV. ORAL COMMUNICATIONS - B
None
Councilman Wilson moved to adjourn to Closed Session at 5:50 p.m. for reasons stated by the City
Attorney, said Closed Session to immediately follow the Redevelopment Agency meeting. Motion was
seconded by Snyder and carried by unanimous vote.
Mayor Kelly reconvened the meeting at 7:00 p.m.
13
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REGULAR PALM DFSERT CTTY COUNCII. MEETIlYG NOVEMBER I2, I992
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XV. COMPLETION OF ITF.MS HELD OVER FROM 4:00 P.M. SESSION
'Ibe followin� New Business item was posted on the A�enda Addeadum dated November 9,
1992. It was coasidered jointly with the Redevelopment A�ency Bosrd.
F. REOUEST FOR APPROYAL OF RESOLUTTON OF NECESSTTY FOR THE
ACQUISTTION OF EASEMENTS FOR THE COUK STREET CROSSING AT TF�
V�V]EIITEWATER RIVER.
Mr. F..rwin reported that this item dcalt with the acquisition of two parcels of property. He
said the r. �r ...1� owners had been noticed to appear and discuss the necessity of their
�,.,,�r...i� being taken for this project. He added that Redevelopment Agency Resolution No.
� was includod in the packets for the Board's consideration.
Mr. Follcers added that staff had met with one of the property ownen, who was satisfied, and
thai the other ovmer had not responded.
Councilman/Member Snyder moved to waive further reading and adopt Resolution No. �,
declaring that the acquisition of easement interests in certain real property by eminent domain is necessary
for construction of the Cook Street Crossing of the Whitewater Stormwater Channel. Motion was socondod �
by Wilson and cairied by unanimous vote of the City Council and Agency Boazd.
RVI. ORAL CO1MNiUNICATIONS - C
None
RVII. AWARD6, PRFSENTATIONS, AND APPO �
A. pjtESENTATION OF PLAOUES OF APPRECIATIOI� TO JII�I RICHARDS AND
ROBERT DOWNS FOR THEIR SERVICE ON THE PL,ANNING COMIvIISSION.
Mayor Kelly presented plaques of appreciation to Mr. Robtrt Downs for his 10 years of
servicx an the City's Planning Commission and to Mr. Jim Richards for his 12 years of
servia on the Planning Commission. He thanked them both on behalf of the Council and
staff.
B. PROCLAMATI4N DECLARING THURSDAY, NOVEMBER 19, 1992, AS 'GREAT
AMERICAN SMOKEOUT DAY" IN THE CITY OF PALM DESERT.
At the 4:00 p.m. portion of the Agenda, Mayor Kelly presented to Ms. Pam Rut�edg� che
proclamation declaring Thursday, November 19, 1992, as "Gre�t American Smokeout D�y'
in the City of Palm Desert.
Ms. Rutledge thanked the Mayor and City Council and noted that she worked ac che Desert
Sands Unified School District, primarily as a prevention program specialist.
�
14
REGULAR PALM DESERT CITY COUNCIL MEETING
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NOVEKBER 12, 1992
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Councilmember Benson stated that she felt Ms. Rutledge does a good job with the program
at the schools and added that this was something that fit in with Palm Desert being a "healthy
city".
C. PRESENTATION TO MRS. ESTHER ACOSTA IN APPRECIATION FOR HER
ASSISTANCE IN THE CITY'S MAYOR AND COUNCILMEMBERS CONFERENCE
PROGRAM.
Mayor Kelly presented to Mrs. Acosta an engraved clock as a token of appreciation for her
participation in the Mayor and Councilmembers Conference. He noted that she had cooked
a huge pot of the best -tasting chili beans he had ever had, and he thanked her on behalf of
the entire Council.
D. PRESENTATION OF 1992 EMPLOYEE SERVICE AWARDS: CRAIG MCBRIDE, DON
MASSEY, MICHAEL NEELY, CRAIG STULL AND LOCICE WITTE - FIVE YEARS OF
SERVICE; DAISY GARCIA, TONYA MONROE, RAY NORRIS, WAYNE RAMSEY,
AND BARBARA WRIGHT - 10 YEARS OF SERVICE; TO RAFAEL ROMERO, CARLOS
ORTEGA, AND VICTOR MEYERHOFF - 15 YEARS OF SERVICE.
Mayor Kelly presented service awards to employees with five, ten, and fifteen years of
service with the City of Palm Desert. He congratulated them all on behalf of the City
Council.
NOTE: The following three presentations were posted on the Agenda Addendum dated
November 9, 1992.
E. PRESENTATION TO WAYNE RAMSEY FROM THE CALIFORNIA MUNICIPAL
BUSINESS TAX ASSOCIATION 1992 AWARD OF EXCELLENCE AND CERTIFICATE
OF APPRECIATION.
Mayor Kelly presented this award to Code Compliance Officer Wayne Ramsey and
congratulated him on behalf of the City Council.
F. CERTIFICATION FROM CALIFORNIA MUNICIPAL BUSINESS TAX ASSOCIATION
FOR FRANK ALLEN, WAYNE RAMSEY, PATRICK BEDROSIAN, DAISY GARCIA,
AND ROBERT SMITH.
Mayor Kelly presented certificates to Mr. Frank Allen, Mr. Wayne Ramsey, Mr. Patrick
Bedrosian, Ms. Daisy Garcia, and Mr. Robert Smith. He thanked them for their efforts and
congratulated them on behalf of the entire Council.
G. PRESENTATION TO NANING SAN PEDRO FOR 1992 GOLF CART PARADE.
Mayor Kelly presented to Mr. San Pedro the second place trophy for the City of Palm
Desert's float in the 1992 Golf Cart Parade. He noted that Mr. San Pedro had designed this
15
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REGULAR PALM DFSERT CTTY COUNCII. MEETING NOVF.MBER 12, 1992
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year's entry as well as others in past years. He congratulated him on behalf of the entire Ciry
Council.
RVIII. PUBLIC HEARINGS
With Council concurrence, Mayor Kelly suspended the remaiader of the A�ends� at this point
in order to coasider Public Hearing B deaUng with the Sierra Nova Assessment District. See
t6at portion of t6e Minutes for Council discussion and action.
A. REOUFST FOR APPROVAL OF A CHANGE OF ZONE, PRECISE PLAN OF DESIGN,
TENTATIVE PARCEL MAP, AND NEGATIVE DECLARATION OF F.NVIRONMENTAL
IMPAGT TO ALLOW CONSTRUCTION OF A 26,790 SQUARE FOOT
REfAIIJCOMMERCIAL CENTER AT THE NORTHWF.ST CORNER OF COUNTRY
CLUB DRIVE AND COOK STREET (�ASE NO. C/Z 92-4. PP 92-6. PM 27400. COOK
PARTNERS LIMITED PARTNERSHIP. APPLICANZI.
Mr. Diaz reviewed the staff report, noting that the Architectural Review Commission had
indicatod that while it would not have a problem approving the tower for the Ralph's store,
it would have a problem recommending signage for the center above 20 fcet.
Councilman Wilson stated that the Economic Developmerit Advisory Committee had /
expnssed some concerns and had asked the developer to address them. He asked whether
the issue had ever gone back to the EDAC and whether it had approved the project.
Mr. Shillcock responded that the project had come before the Committee once, and there
were some concerns. The developer was scheduled to make a presentation at the last
Committee mxting but had been unable to attend.
Mayor Kelly declared the public hearing � n and invited tesrimony in FAVOR of this project.
MR. KEN FEENSTRA, representing Cook Partners, Ltd. Partnership, 110 W. Las Tunas
Drive, Suite B, San Gabriel, said he agreed with most of the conditions listed in the
resolutions. He reviewe� the location of the project as well as proposed tenants, noting that
the amount of parldng would exceed the City's requirements and would include golf cart
parldng. As faz as landscaping, he said it would be almost all desert landscaping with no
8� 8�•
Mr. Feenstra said the conditions they had problems with were as follows:
- Plannin� Condition �10. Ralph's Grocery requested the delivery hours be increased
to 5:00 a. m. to 11:00 p. m. instead of 6:OQ a. m, to 10:00 p. m.
- Plannin� Condition #11. Ralph's Grocery asked that they be allowed to be open•24
hours should that look attractive in terms of their overall marketing plan. He said
they did not expect to open the store with a 24-hour service but would like for that
^ 16 1
REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 1992
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to be an option in the future. In addition, he said the developer was requesting that
other businesses in the center, such as cocktail lounges in the restaurants, be allowed
to stay open until 2:00 a.m.
Planning Condition #16. Mr. Feenstra stated the developer was requesting approval
for a 30-foot tower, center identification and monument signs, while this condition
restricted the project to two center identification signs. He said the proposal was to
have center identification signs at Cook/Country Club and at Desert Springs
Drive/Country Club. In addition, rather than having tenant names on those signs,
they were proposing to have one monument sign with major tenants on Cook Street
at the north driveway and another on Country Club.
Mr. Diaz stated that staff would not recommend modifying Condition #10 because there is
another Ralph's market in the area where deliveries could be made an hour earlier or later
in the day. With regard to Condition #11, he said staff would not have a problem because
the City could still regulate the hours. He said if Council wished, it could be approved on
a six-month trial basis, with a report to be done following that time period. He added that
staff would have no problem with the market staying open that late as long as it is not a
problem for residents in the area. He suggested rewording Condition #11 in such a way that
the applicant understands the City would have the right to revisit the issue if it becomes a
problem.
Councilmember Benson said she felt the Council needed to be sensitive to the area where this
project is going because of the major property across the street. She said she felt 5:00 a.m.
was too early for deliveries, especially with the homes so near the project.
Mayor Kelly invited testimony in OPPOSITION to this project.
MR. LEONARD NIEWALD, a resident of Desert Falls Country Club, expressed concern
that he had never received notification of this hearing and had just recently read about it in
.a legal paper. He said he felt Country Club Drive was a lovely street and that a project such
as this would only detract from its beauty. He also expressed concern with noise, increased
traffic, aesthetics of the project along Country Club Drive, deliveries at 5:00 a.m., and
parlcing.
MR. MATTE° CARRARO, 108 Brandigo Circle, Desert Falls, expressed concern about
traffic on Cook Street once the overpass is completed.
With no further testimony offered, Mayor Kelly declared the public hearing glom'.
Councilmember Benson asked whether residents of Desert Falls, The Lakes, etc. were sent
notices of this hearing. (Members of the audience responded that they had never received
any such notification.)
17
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REGG'LAR PALM DFSERT CITY COUNCII. MEETING NOVEMBER 12, 1942
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Mr. Diaz nsponded that notices of the public hearing were sent to rr.,r;,.l�+ ownen within
300 fett of the project. In addition, the notice of public hearing was published in the
newspaper. He said property owners of the Villas at Desert Falls were sent notices because
they ara within the 300-foot area. As far as Desert Falls Country Club, notices were sent to
the Desert Falls Homeowners Association as well as various individuals within Desert Falls
Country Club.
Upon question by Councilman Wilson relative to ingress and egress, Mr. Feenstra responded
that Country Club would be right turn in and out; Cook at the north entrance would bo right
turn in, right turn out, and left turn in; Cook at the south entcance would be only right turn
in and right turn out.
Councilman Wilson asked whether it was proposed to be signalized. Mr. Folkers responded
that the entrance on Country Club would not be signalized; the north driveway on Cook
would not be signalized, but the north street ("A" Street on the site plan) could be signalized
in the futur�.
With regard to the mailing of public hearing notices, Mr. Fxnstra stated that the Planning
Department had mailed notices to property ownen on the certifiod Gst the developer
provided. He noted that there had been three Planning Commission meetings where this
project was considere�. He stated he had also met with the Secretary of the Desert Falls
Homeovmers Association and had provided a packet of informacion describing the entire
project to all five Board members of the Association. He said he attempted to do the same
with the homeovmers association for The Lalces, but they never met and, therefore, never had
a briefing on the project.
Mr. Diaz stated that it was staff s recommendation at this point that the hearing be
readvertised since some of the people may have just recendy purchased their r.�r...l� and
may not yet be on the assessment roll. He said staff would also secure mailing lists for the
homoowners associations at Desert Falls and would send notices to everyone on the lists.
Councilman Wilson suggested that notices also be mailed to The Lakes Country Club. He
also said he felt Council should discuss some of the issues that may be agreeable to all parties
so the applicant can make any necessary modifications.
He said he agreed the hours should be changed. There are other supermarkets in the
City that are adjacent to residences, such as Von's.
He said he had a problem with the request to go 30 feet on the sign. He felt a
procedent should not be set by approving this request. That is the purpose of having
monument signs.
Councilmember Benson said she felt the monument signs were enough for people
driving by. She said she would not like to see such a high tower anyway.
�
10
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REGULAR PALM DESFY' CITY COUNCIL MEETING
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NOVEMBER 12, 1992
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Mr. Diaz stated that the tower exceeds the 35-foot height limitation in the PC zone;
however, towers can be approved by the Council.
Councilmember Benson stated that without Council approval the tower is 35 feet tall,
and she did not think it was necessary to have it at 41 feet. With regard to signage
for the individual stores in the project, she said this is a nice neighborhood, and she
would hate to see us mess it up with signs that are of several different colors; she said
she would like to see a sign program for the entire project approved by the
Architectural Review Commission.
Councilman Wilson stated that if this matter is going to be continued, he would recommend
during the time until the next meeting that this project go back to the Economic Development
Advisory Committee, which has been involved in the development of the entire section. He
said that Committee should be continued in the loop prior to final approval of the project.
Mayor Kelly stated he had talked to a planner at Sunline who was not aware of what was
being planned as far as bus stops for this project. He said he felt this needed to be addressed
as well as the issue of Art -In -Public -Places. He also thanked the applicant for including
parking for golf carts.
Councilmember Benson moved to continue this matter to the meeting of December 17, 1992, and
direct staff to ratotice the public hearing. Motion was seconded by Wilson and carried by unanimous vote.
B.
REQUEST FOR APPROVAL OF SIERRA NOVA ASSESSMENT DISTRICT.
Mr. Yrigoyen reviewed the staff report, noting that the hearing was being held pursuant to
the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931" and that
it was required pursuant to the "Municipal Improvement Act of 1913".
Mayor Kelly noted that this was the time and place fixed for public hearing on Assessment
District 92-1. He said a declaration had been filed by the City Clerk which states that notice
of the hearing had been given by publication, posting, and mail as required by law.
MR. JOSEPH KICAK, Kicak and Associates, summarized the Engineer's Report pursuant
to the provisions of the "Municipal Improvement Act of 1913" and the "Special Assessment
Lwestiption, Limitation, and Majority Protest Act of 1931" consisting of the following: a)
plans and specifications and a general description of improvements proposed to be acquired,
b) cost estimate, c) Assessment Roll, d) maximum annual assessment for administrative costs,
e) Assessment Diagram, 0 description of the improvements, g) information and findings
required pursuant to the special Assessment Investigation, Limitation, and Majority Protest
Act of 1931, including the total amount of the total principal sum of all unpaid special
assessments and special assessments required or proposed to be levied under any completed
or pending assessment proceedings, other than these proceedings, which would require an
investigation and report under the 1931 Act against the total area proposed to be assessed and
the total true value of the parcels of land and improvements which are proposed to be
19
REGC�LAR PALM DFSERT CITY COG"�1CII, MEETIlYG NOVEMBER 12, 1992
s s s s s s s s s s s* s s s s s s s s s s s s s s s s s s s s s* s s s s
assessed. He explained the method and formula of the assessment spread and reviewed the
Modifications to Engineer's Report per his memorandum dated November 10, 1992. He
summazized the Notice of Exemption pursuant to the California Environmental Quality Act
and said this project was categorically exempt. He added that no writfen protests were
received. He recommended that Council conduct the public hearing and, if no protests are
received during the public testimony, that Council then adopt the resolution includod in the
staff report.
Mayor Kelly declared the public hearing � and invited testimony in OPPOSTTION W this
assessment district; none was offered. He invited testimony in FAVOR of the assessment
district.
MR. RICHARD OLIPHANT, 77-900 Avenue of the States, Palm Desert, spoke as the
applicant and said he was in favor of the assessment district.
With no further testimony offered, Mayor Kelly declared the public hearing ��.
Mr. Kicak reported that the final percentage of protests received was zero and that there were
no proposed changes or modifications to the Engineer's Report other than those alrea�dy
explained. �
Councilmember Benson mov�d to waive further reading and adopt Resolution No. �2_ 107, maldng
findings regarding all special assessments levied against parcels proposed to be assessed in Assessment
District No. 92-1. Motion was seconded by Kelly and carried by unanimous vote.
Councilmember Benson moved to waive further reading and adopt Resolution No. 42_10g,
confirming a proposed assessm�nt and a proposed maximum annual assessment, ordering proposed
improvements to be acquired, and declaring its action upon the Engineer's Report and the assessments in
connection with Assessment District No. 92-1. Motion was seconded by Kelly and carried by unanimous
vote.
Councilmember Benson moved to
determining unpaid assessments, authorizin
delivery of certain documents in connection
Kelly and carried by unanimous vote.
waive further reading and adopt Resolution No. 92_109,
; the issuance of bonds, and providing for the execution and
with Assessment District No. 92-1. Motion was seconded by
20 --
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REGULAR PALM DESEPCITY COUNCIL MEETING
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NOVEMBER 12, 1992
* * * * * • * * * I. * • *
C. REOUEST FOR APEBOVAL OF A GENERAL PLAN LAND USE DESIGNATION FOR
640 ACRES OF UNINCORPORATED LAND FROM MOUNTAINOUS (414 ACRES) AND
R-4 (226 ACRES) TO OPEN SPACE (394 ACRES) AND HILLSIDE PLANNED
RESIDENTIAL (246 ACRES), PREANNEXATION ZONING FROM W-2 TO O.S. AND
HPR TO HPR/PCD, AND THE ADEQUATENESS OF AN ACCOMPANYING
ENVIRONMENTAL IMPACT REPORT. THE PCD IS REFERRED TO AS "THE
CREST" AND CONSISTS OF 209 SINGLE-FAMILY HOMES ON 640 ACRES NORTH
OF THE CAHUILLA HILLS AREA AND 54 ACRES OPPOSITE THE PALM VALLEY
CHANNEL FROM "THE SOMERSET" CONDOMINIUMS.
Mr. Phil Joy, Associate Planner, reviewed the staff report, noting that the Big Horn Institute
had requested that Council delay action on this project until a determination is made by the
Fish and Wildlife Service as to whether the Big Horn Sheep will be designated as an
endangered species.
MS. SHAWNA ANDERSON, Ogden Company, stated that the Environmental Impact Report
had been prepared in accordance with CEQA. She reviewed the EIR Findings of Fact on
land use, visual quality, geology/soils, hydrology, air quality, traffic, and biological
resources.
Mayor Kelly declared the public hearing oign and invited testimony in FAVOR of this request.
MR. TYLER MILLER spoke as one of the owners of The Crest project and said they had
incorporated Council suggestions into an environmentally sensitive and exciting plan. He
added that the property had been in the family for 70 years, and he asked Council's approval.
MR. EUGENE GERITZ, The Geritz Group, 2505 Arclath Road, La Jolla, spoke as Project
Consultant and reviewed the proposed plans. He said he wished to go on record that the
developer concurred with and agreed to all of the mitigation measures and conditions
recommended by staff and the environmental consultant as part of the Environmental Impact
Report. However, he said he wished to address several issues:
Staff recommendation was that the maximum number of units within the entire project
be 109 in concurrence with the current County General Plan designation. He said he
did not believe this was good planning and that they were proposing a maximum of
185 to 209 units on the two pieces of property. This maximum number would be
determined by a careful and reasoned process that at every stage would come before
the Planning Commission to be reviewed. He added that they felt all adverse affects
could be mitigated.
With regard to the issue of endangered species status of the Big Horn Sheep and the
status of that review by the U.S. Department of Fish and Wildlife Service, he said he
had forwarded to the Council copies of correspondence from the Service with a letter
from Ogden summarizing mitigation measures and the Service's concurrence with that
level of mitigation.
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REGLZ,AR PALM DFSERT CITY CDU�JCII, MEET'ING NOVEMBER 12, 1992
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He said there was concern on the part of the Coachella Valley Mountains Conservancy
that this site be preserved as it is now and that the development not take plact on the
site. He said the Sierra Club had taken a similar position.
Mr. Geritz gave a slide presentation on the project. He roquested that Council support their
request for a cap of 185-209 units on sites A and B combined and adopt the procedure they
suggestai for deteimining the maximum number of utits. He offered to answer any
questions.
Mayor Kelly invited testimony in FAVOR of this project.
MR. CAP HOMME, 261 Cordova Way, Palm Desert, said he owned 27-28 acres adjoining
the Coachella Valley Flood Control Channel and was basic�ally in favor of this pmject. He
said it appeared to be a very complimentary project and that he felt this developer had the
right to develop the property as long as it is done in good taste.
MR. RICHARD HOWARD said he represented Southwest Partnen, which owned 7.73 acres
at the base of the proposed project. He said Mr. Miller had worked very diligently for the
last two years to make sure the concerns of Southwest Partners were midgated, and he said
he felt the project would assist in getting emergency services to the are�a. �
MR. ROBERT RICCIARDI, 75-090 St. Charles Place, Suite A, Palm Desert, said he owned
20 acres of property in Section 36 of Cahuilla HiIIs. He said poople in the lower soction are
cut off because ihey do not have any access road; this development will take care of that by
providing the Thrush Bridge with a paved road that will bt desirable for everyone. He said
he felt this would be one of the finest developments azound, and to deny the development
ba;ause of the Big Horn Sheep would be tragic. He added that the only thing about the
development that he would take issue with is the 54 acres betwe�n it and the Highway
bocause that is the most sensitive azea, and the Council will have to really consider the houses
there. He noted that the property owners' association just south of this proposed development
was 10096 in favor of the project.
MR. ROSS DOWE, 4$-215 Painted Canyon, Cahuilla Hills, said he felt the proposed project
was an exception to every other project he had seen because ii would be very low density
housing and an absolute minimum environmental impact. He said people would be able to
live in the azea and enjoy the desert as he dces because the developer will not be bulldozing
tha land and flattening it out.
DR. JERRY MEINTZ said he represented the only community that will acivally be able to
view this project, the 16 acres directly adjacent to the proposed project. He ezpressed
support for the project for the following reasons: 1) There will be no hilltop conswction; 2)
this will be the most state-of-the-art ecologically protected development he has seen in
California; 3) the development will only be on 81 of 695 acres, with 779b to remain in its
natural state; 4) there is no golf course; 5) it will enhance the value of his community.
22 �`
REGULAR PALM DESERT CITY COUNCIL MEETING
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NOVEMBER 12, 1992
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He said the Road Committee had asked him to express that because the developer has asked
to use Painted Canyon as an emergency access road, they should pave the road and then allow
the Cahuilla Hills homeowners to deed it over to the County. He said Supervisor Larson had
indicated the County would take it over from there.
Dr. Meintz further asked that they not be left out of the review process for the various stages
of this development..
MR. JIM RICHARDS, 73-357 Bel Air Road, Palm Desert, said he was neither for not
against the project but was somewhere in the middle because he owned a piece of property
that would be ultimately affected by the development. He said his concern was that the
property being considered was covered by the hillside ordinance and that the Council should
consider that this was not what the intent of that hillside ordinance was when it was adopted,
which was to try to create sensible planning and to do things that will not scar the hillsides.
He said he would just as soon leave the area as it is and not see it built; however, because
this family has owned the property for so long and has done things to ensure the quality of
the environment is maintained, he felt the Council should take a good look at the project as
being somewhat unique. He added that he also felt the City should some day soon annex
Section 36 into the City.
Mr. Richards said if the project were allowed to proceed, he felt a condition of approval
should be imposed that the developer provide a road that is not just for emergency access and
is something that the County will take over.
Mayor Kelly invited testimony in OPPOSITION to this request.
MS. KATTE BARROWS, La Quinta, spoke as a member of the Steering Committee of the
Bureau of Land Management Santa Rosa Mountains Scenic Area. She said the project was
wholly within the boundaries of the Scenic Area and that the BLM felt the property should
be considered as hillside. She added that we need to be very careful about planning relative
to the Big Horn sheep. She expressed concern that approval of the project would set a
precedent, and she was not sure in the future that the City could say it would not allow
additional mountain development if this were approved. She said that although there are
potential merits to the project, it is within the mountains and may impact sheep and other
wildlife that we cannot fully contemplate. She added that she would be discouraged to see
the City approve the project only to solve the problem of roads.
Councilman Wilson stated that the City of Palm Desert supported the Mountains Conservancy
project as it moved through the State approval. He questioned the point about the proposed
development being within the boundaries of the Mountains Conservancy and asked whether
it had considered purchasing the land.
Ms. Barrows responded that the Conservancy was not currently in a position financially to
make an offer on any piece of property; however, this parcel had been recognized as one the
Conservancy would be potentially interested in purchasing.
23
REGL'LAR PALM DESERT CITY COUNCIL MEETIl�IG NOVEMBE.It 12, 1992
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Councilman Wilson asked whether the entire area had been considered and prioritiz,ed as to
which land the Conservancy would be interested in purchasing first, second, etc.
Ms. Barrows responded that they did have a priority list; however, in general, discussions
about land acquisition had been to look at those parcels around the boundaries where some
of the goals of the Conservancy would be enhanced.
MS. LISA LOCKHART, P.O. Boz 12996, Palm Desert, concurred with Ms. Barrows'
comments. She said she was a private citizen but was also Vice Chairman and Fund Raising
Chairman for the Coachella Valley Mountains Conscrvancy and had been very involved for
the last two years. She commended Mr. Geritz for his work on this project but felt the City
of Palm Desert needs to determine to what degree developers will be allowed to go into the
mountains. She asked that the Council deny the project. -
Mayor Kelly called a five-minute recess at 10:25 p. m.
MS. EL.IZABETH GREEN, Palm Desert Chamber of Commerce, said she felt the mountains
should be preserved in their natural state for tourists and visitors to the Valley to enjoy.
MR. GERITZ responded to concerns raised as follows:
- With regard to access from the Cahuilla Hills foothills, he said they would prov�de
access to the bridge. He said the access would be by a carded gate that would allow
passage over the bridge.
- With regard to access to and from Cahuilla Hills from the south, he said they would
provide emergency access (carded gate) to link the two projects together.
- In response to comments by Ms. Barrows and Ms. Lockhart, he said the project had
been discussed with the Coachella Valley Mountains Conservancy. He said what
everyone misses is that they are not building on any hillsides or mountains, and none
of the development will be visible from the Valley floor.
- With regard to impact on the Big Horn sheep, he said the report on the Santa Rosa
Mountains habitat was written in 1980 when the Big Horn shetp population was at its
pealc; it has declined ever since. With those conditions, this site was considercd to
be a"zone of deficiency". He said that for whatever reason, this particular area is
one that had not been attractive to the Big Horn sheep.
With no further testimony offered, Mayor Kelly declared the public hearing ��.
Councilmember Benson said she was concerned about the people living in the Cahuilla H�IIs
and said that she understood from Dr. Meintz that those people were intereste� in be�ng
anneaed w the City.
._. 24 —
REGULAR PALM DESERT CITY COUNCIL Mzza triG
* * * s * * * s * * *************
NOVEMBER 12, 1902
Dr. Meintz responded that there is a growing number of residents who would like to be
annexed to the City of Palm Desert.
Councilmember Benson stated that Councilman Crites had asked about other possibilities for
purchasing the land and what methods could be used to preserve it, knowing it is within the
boundaries of the Conservancy.
Mr. Diaz stated that Council had authorized staff to obtain appraisal figures for the land and
that staff was in the process of getting those figures. In terms of the methods that would be
available to any group to acquire the site, it would be a City-wide assessment district, a City-
wide bond issue going to the voters, and seeking Federal grants and other monies. He said
there was also the possibility of obtaining some type of State grant money.
Councilman Snyder said he saw this as an opportunity for the City to get this piece of
ri.tj under its control. We would then be able to see that the project is compatible with
other programs, such as the Big Horn sheep. He said it would increase the value of the City,
but more importantly it would leave the hills open and not impact them in any way. He said
he would vote in favor of the project.
Counciltnember Benson asked Mr. Geritz about his presentation to the Coachella Valley
Mountains Conservancy and his comments that regardless of whether or not this approval is
received, other „.„ ...Li would be remaining open space.
Mr. Geritz responded that he had indicated to the Conservancy that the developer is
completely and absolutely dedicated to the idea that all mountain areas would become
permanent open space. He said they had offered an open space conservation easement over
those same mountain areas of the site and that this easement was not contingent upon approval
of the project.
Councilman Wilson stated this issue was one of the most difficult ones the Council has faced.
He said the Council had for many years been very protective of the hillsides and had been
resistant to development in the hillsides, which is why the hillside ordinance was adopted.
He said the real issue is whether we want to take control of this or whether the County should
take it, and he was not enamored by the County's track record in Section 36. He said he
would prefer to see the land purchased by the Mountains Conservancy and would be willing
in the early years by trying to get the City to come up with a funding mechanism to advance
the money in order to protect that land. If we are unable to do that, then we have to accept
that it is developable land and determine who is going to develop it; his preference would for
the City to do so. He said he would reluctantly go along with Councilman Snyder's
recommendation for approval.
Councilman Wilson said an issue that had not yet been addressed was the developer's request
for1,, 1 to develop 185-209 units. He said the resolution states 104 units, and he would
support leaving it as it is.
25
,�Ll.\ L, i t..�
REGL'LAR PALM DESERT CTTY COL'NCII. MEET`L'�1G NOVE,'1�iBER 12, 1992
s s s s s s* s s s s s s s�� s s s s s s s� s s s s s s s s s s s s s s
Councilmember Benson asked staff when they would have something to show Council relative
to the appraisal of the property, and Mr. Diaz responded that he could have it by the metting
of December 3, 1992.
Upon question by Councilman Wilson relative to purchase of the property if Council moves
ahead with the recommended actions and puts into motion the annexation proctss, Mr. Diaz
responded that Council's approval or disapproval of the recommended actions would not have
a bearing in the event eminent domain had to be used. He added that staff s racommendation
on the 104 units was based not on market price but on reasons indicated in the report.
Mayor Kelly said he felt the City would be making a big mistake in purchasing this piece of
property when we have something like the Fox Canyon project that has a Iot of visibility.
He said he could not see the City purchasing something that cannot even be sean. This is an
opporiunity to do a project that not only protects but enhances the property and also provides
naded services to the surrounding neighbors.
Councilman Snyder moved to: 1) By Minute Motion, adopt findings of Environmental Impact
Report; 2) waive further reading and adopt Resolution No. 92-110, certifying the Environmental Impact
Report; 3) by minut� motion, adopt findings of General Plan amendment; 4) waive further reading and adopt
Resolution No. 42-111, approving a General Plan land use designation of HPR and O.S. for Property "A"; �
5) by Minute Motion, adopt findings of zone change; 6) waive further reading and pass Ordinance No. �
to second reading, approving a PCD/HPR prezoning for a maximum of 104 units and 394 acres of open
space subject to a preannexation agreement being entered into prior to the second reading dedicating the
open space area. Motion was seconded by Kelly.
Councilman Wilson agreed with Mayor Kelly that this is a very environmentally sensitive
project, and the developer should be commended. However, he said he still felt that naturally
preserved land with nothing on it was preferable to any development, regazdless of how
sensitive it is. He also agreed that there are probably other more feasible areas of the City
we should be considering purchasing, but the City has an obligation to work with the
Mountains Conservancy and sit down with them to see what their priorities are for the entire
area that is also within the City of Palm Desert. If the Conservancy says this is a high
priority azra that must be preserved, he felt the City should work with them to do so. If it
says it is not a high priority, then we should take control of the property and see that it is
developed as environmentally sensitively as the developer indicates.
Mayor Kelly called for the vote. Motion carried by a 3-0-1 vote, with Councilman Crites ABSENf
and Councilmember Benson voting NO.
XIX. ORAL CO1��Il1�iiJNICATIONS - D
None
" 26 ._.
REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 191,2
• * * * * * * * * s * * * * * * * * * • * • * • * * * * * * * • * *
XX. ADJOURNMENT
Councilman Snyder moved to adjourn the meeting to Closed Session at 11:05 p.m. to continue
discussions as stated by the City Attorney under Reports & Remarks. Motion was seconded by Wilson and
carried by unanimous vote of the Council.
Mayor Kelly reconvened the meeting at 11:55 p.m. with no action announced from Closed Session.
ATTEST:
<
SHEILA R. GILLIGAN, C CLERK
CITY OF PALM DESER ALIFORNIA
27
RI S ICELLY, MAYOR
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