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HomeMy WebLinkAbout1999-02-11MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, FEBRUARY 11, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Spiegel convened the meeting at 4:00 p.m. H. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore Buford A. Crites III. INVOCATION - Councilman Richard S. Kelly IV. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro-Tempore Buford A. Crites Councilman Jim Ferguson Councilman Richard S. Kelly Mayor Robert A. Spiegel Also Present: Ramon A. Diaz, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, Director of Community Affairs/City Clerk Richard Folkers, ACM/Director of Public Works John M. Wohlmuth, ACM/Director of Administrative Services Carlos L. Ortega, RDA Executive Director Patrick Conlon, Director of Building & Safety Phil Drell, Director of Community Development Paul S. Gibson, Director of Finance Rudy Acosta, RDA Development Manager David Yrigoyen, Redevelopment Agency Manager Teresa LaRocca, RDA Housing Manager V. ORAL COMMUNICATIONS - A None. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of January 28, 1999. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 11, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 36, 37, 38, 36PD Office Complex, and 38PD Office Complex. Rec: Approve as presented. C. PORTFOLIO MASTER SUMMARY for the Period Ending December 31, 1998. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Nancy Lee Finnegan and Ralph Henry Finnegan for The Original Crunchy Grinder, 74-868 Joni Drive, No. 1A, Palm Desert. Rec: Receive and file. E. MINUTES of City Commission and Committee Meetings. 1. Art In Public Places Commission Meetings of November 18 and December 16, 1998. 2. Citizens' Advisory Committee - Project Area No. 4 Meeting of November 16, 1998. 3. Civic Arts Committee Meeting of December 14, 1998. 4. Golf Course Committee Meeting of December 14, 1998. 5. Housing Commission Meeting of December 9, 1998. 6. Investment & Finance Committee Meeting of December 16, 1998. 7. Library Promotion Committee Meeting of December 9, 1998. 8. Promotion Committee Meeting of November 17, 1998. Rec: Receive and file. F. LETTER OF RESIGNATION from William Bizell as Palm Desert's Representative to the Coachella Valley Mosquito and Vector Control District. Rec: Receive with very sincere regret. G. REQUEST FOR APPROVAL of CDBG Subrecipient Agreement for Shelter From the Storm (Contract No. C15460). Rec: By Minute Motion, approve the subrecipient agreement for Shelter From the Storm. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 11, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * H. REQUEST FOR AUTHORIZATION to Request Proposals for Traffic Signals at Five Locations (Contract No. C15470). Removed for separate consideration under Item IV, Consent Items Held Over. Please see that portion of the Minutes for discussion and action. I. REQUEST FOR AWARD OF CONTRACT to Southland Geotechnical for Geotechnical and Construction Inspection Services on the Desert Willow Clubhouse Project (Contract No. C15480). Rec: By Minute Motion, authorize the award of contract to Southland Geotechmical in the amount of $30,889 for construction and geotechnical inspection services on the Desert Willow Clubhouse. J. REQUEST FOR AWARD OF CONTRACT for Engineering Design for the Extension of Joni Drive Between 42nd Avenue and Velie Way (Contract No. C15490, Project No. 627-99). Rec: By Minute Motion: 1) Approve the engineering design proposal for the subject project from JMS Engineering, Inc., Palm Desert, California, in the amount of $9,600 plus a ten percent (10 %) contingency of $960 for a total amount of $10,560 -- funds are available in the Measure "A" Account; and 2) authorize the Mayor to execute the agreement. K. REOUEST FOR APPROVAL of Contract Architect Services for Tenant Improvements at the Parkview Office Complex. Rec: By Minute Motion: 1) Authorize contract architect services for construction of the tenant improvements at the Parkview Office Complex (Contract No. C15500); 2) authorize staff to go out to bid, and upon approval, award contract for construction of tenant improvements at the Parkview Office Complex (Contract No. C15510); and 3) appropriate funds from unobligated New Construction Reserves. L. REOIIEST FOR APPROVAL of Change Order No. 2 to California State University Environmental Impact Report (Contract No. C13490). Rec: By Minute Motion, approve a $3,200 contract augmentation (Change Order No. 2) to the subject contract with Terra Nova Planning and Research for the Cal State Environmental Impact Report to cover reimbursables, analysis, and meetings beyond the original scope of work. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 11, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * M. REOUEST FOR ACCEPTANCE OF WORK for the Contract for Curb and Gutter and Cross Gutter Repair Program at Various Locations Throughout Palm Desert (Contract No. C14540, Project No. 753-98) (7DC, Inc.) Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. N. REOUEST FOR ACCEPTANCE OF WORK for the Contract for the City of Palm Desert/Coachella Valley Association of Governments Conference Room Remodel (Contract No. C14750) (Wall Construction). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. O. REOUEST FOR APPROVAL of Out -Of -State Travel . Rec: By Minute Motion, authorize Engineering Manager's attendance at Residential Land Development Practices seminar to be held in Las Vegas, Nevada, February 25-26, 1999. P. REOUEST FOR APPROVAL of Out -Of -State Travel. Q. Rec: By Minute Motion, authorize attendance at the 1999 ITE International Conference for Enhancing Transportation Safety in the 21 st Century: New Tools for Transportation Professionals to be held in Kissimmee, Florida. REOUEST FOR APPROVAL of City Sponsorship of a Classic Arts Showcase Series to be Broadcast on Media One. Rec: By Minute Motion, approve sponsorship by the City of Palm Desert of a Classic Arts Showcase series to be broadcast on Media One. R. REOUEST FOR APPROVAL of a Lease with the Desert Cancer Foundation for Office Space at the Portola Community Center (Contract No. C15520). Rec: By Minute Motion, approve the subject lease and authorize the Mayor to execute same. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 11, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * S. REOUEST FOR APPROVAL of Contract for Booth Sponsorship at the 1999 Newsweek Champions Cup/Evert Cup (Contract No. C15530). Rec: By Minute Motion, approve the subject contract with PM Sports Management Corporation, Indian Wells, California, in the amount of $2,500 for an information booth during the Newsweek Champions Cup/Evert Cup at the Hyatt Grand Champions March 5-14, 1999, in Indian Wells. T. CONSIDERATION of a Request from Soroptimist International of Palm Desert for Extension of Hours and Funding of the Shopper Hopper for the El Paseo Art & Wine Tour Friday, February 26, 1999. Rec: By Minute Motion, approve the request in an amount not to exceed $1,200. U. CONSIDERATION of the Audited Financial Statements for the City of Palm Desert for the Fiscal Year Ending June 30, 1998. Rec: By Minute Motion, receive and file the audited Comprehensive Annual Financial Report (CAFR) for the City of Palm Desert. Mayor Pro-Tempore Crites asked that Item H be held over for separate consideration under Item IV, Consent Items Held Over. Please see that portion of the Minutes for discussion and action. Upon motion by Councilmember Benson, second by Councilman Ferguson, and unanimous vote of the Council, the remainder of the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER H. REQUUST FOR AUTHORIZATION to Request Proposals for Traffic Signals at Five Locations (Contract No. C15470). Mayor Pro-Tempore Crites inquired as to whether a signal was planned for the corner of Portola and Fairway. He also asked if another signal was needed at Portola and Shadow Mountain. Mr. Folkers stated the intent was to get the designs completed and then return to Council for approvals for bid authorization. Mayor Pro-Tempore Crites stated that since the designing of the proposed traffic signals was not free, he felt we should make sure we wanted to install them before spending the money to design them. Mr. Folkers stated that the proposed traffic signals were all in the five-year program. Mayor Pro-Tempore Crites felt that the Shadow Mountain/Fairway issue needed to be discussed before proceeding. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 11, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilmember Benson stated that if they were all designed at once, it would be less expensive than to design them separately. Councilman Kelly moved to, by Minute Motion, present the requested proposal to the Public Safety Commission and return to Council its recommendation. Motion was seconded by Councilman Ferguson and carried by unanimous vote. VIII. RESOLUTIONS A. RESOLUTION NO. 99-16,, - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 1998-1999 BUDGET AS A RESULT OF MID -YEAR ADJUSTMENTS. Councilman Ferguson moved to waive further reading and adopt Resolution No. 99-16. Motion was seconded by Councilman Kelly and carried by unanimous vote. IX. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 903 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO CHAPTER 25.58.310 `D' OF THE MUNICIPAL CODE RELATING TO THE OFF- STREET PARKING SCHEDULE BY ADDING A STANDARD FOR MINI WAREHOUSING/SELF STORAGE USES Case No. ZOA 98-8 (City of Palm Desert, Applicant). Councilman Kelly moved to waive further reading and adopt Ordinance No. 903. Motion was seconded by Councilmember Benson and carried by unanimous vote. B. ORDINANCE NO. 904 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY REZONING 3.71 ACRES LOCATED EAST OF GARAND LANE FROM PC(2) TO S.I. Case No. C/Z 98-9 (Select Properties, LLC, Applicant). Councilman Kelly moved to, by Minute Motion, continue second reading of Ordinance No. 9Q4 until such time as a precise plan is approved for the subject property pursuant to the master plan. Motion was seconded by Councilmember Benson and carried by unanimous vote. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 11, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * -- X. NEW BUSINESS A. REQUEST FOR APPROVAL OF DIGITAL IMAGING SYSTEM FROM DECISION MANAGEMENT COMPANY, INC. (CONTRACT NO. C15540). Councilman Ferguson inquired as to whether the City was buying equipment and not just a consulting service. Mr. Gibson stated staff could scan documents on the digital imaging system. He went on to clarify that there was a potential to hire a consultant to scan the documents and staff could then retrieve the information from this system. Councilman Ferguson inquired as to whether the need for microfilming would be replaced by the digital imaging system. Mr. Gibson responded that all departments could utilize the imaging system with the exception of Building & Safety. He added that Building & Safety would require a large scanning system for the maps which costs quite a bit more. Councilman Ferguson moved to, by Minute Motion, approve the purchase of document imaging system from Decision Management Company, Inc., Laguna Hills, Califomia, in the amount of $57,104.71 -- funds are available in Account No. 110-4190-415-4040. Motion was seconded by Councilman Kelly and carried by unanimous vote. B. REOUEST FOR AEEROVAL OF THE 1999 STATEMENT OF INVESTMENT POLICY. Councilmember Benson moved to, by Minute Motion, concur with the recommended changes and approve the 1999 Statement of Investment Policy. Motion was seconded by Councilman Ferguson and carried by unanimous vote. C. REQUEST FOR APPROVAL OF FIVE-YEAR EXTENSION OF FAMILY YMCA OF THE DESERT LEASE AGREEMENT (CONTRACT NO. RD-362). Mr. Diaz stated he was just informed that this item should have been placed on the Redevelopment Agency agenda. He stated the lease was with the Agency and not the City. Councilman Ferguson moved to, by Minute Motion, place the subject matter on the Redevelopment Agency agenda. Motion was seconded by Councilmember Benson and carried by unanimous vote. Councilmember Benson moved to, by Minute Motion, approve five-year extension of the lease with Family YMCA of the Desert. Motion was seconded by Councilman Kelly and carried by unanimous vote. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 11, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. REOUEST FOR APPROVAL OF EXTENSION OF RENEWABLE HYDROGEN TRANSPORTATION CONTRACT WITH SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (CONTRACT NO. R10731). Mayor Pro-Tempore Crites moved to, by Minute Motion: 1) Authorize staff to request a one-year, no cost extension from the South Coast Air Quality Management District (SCAQMD) for their contract No. 96055 -- Renewable Hydrogen Transportation System; 2) authorize staff to transfer four fuel cell golf carts to SunLine Services Group to continue their use and the collection of data for the duration of the SCAQMD contract no. 96055. Motion was seconded by Councilman Kelly and carried by unanimous vote. E. REOUEST FOR APPROVAL OF THE TRANSFER OF 1998 JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT FUNDS TO THE RIVERSIDE COUNTY PROBATION DEPARTMENT. Mayor Pro-Tempore Crites moved to waive further reading and adopt Resolution No. 99-17. Motion was seconded by Councilman Ferguson and carried by unanimous consent. Mr. Diaz stated the reason for the transfer was because the amount of money involved would not allow the City to do anything significant. He added that by having all of the cities contribute to the Riverside County Probation Department, enough funds could be raised so that the program between the Probation Department, District Attorney's Office and Sheriff's Office could provide data for tracking undesirable individuals that may be in our community. F. REOUEST FOR APPROVAL OF ANNEXATION GUIDELINES FOR THE EVALUATION OF REQUESTS FOR ANNEXATION OR INCLUSION WITHIN SPHERE OF INFLUENCE. Mr. Diaz stated the principal reason for the Annexation Guidelines was to establish criteria to be used when evaluating annexations. Councilman Ferguson moved to, by Minute Motion, adopt the proposed set of annexation guidelines. Motion was seconded by Councilman Kelly and carried by unanimous consent. G. REOUEST FOR APPROVAL OF ECONOMIC DEVELOPMENT POLICY. Mr. Diaz stated this was the first step in establishing an Economic Development Policy. He added that if Council wished to continue it for further review, staff will do so. He stated that some might characterize it as an identification of data, studies, and information to generate, but would be economic development policy. He added staff would go onto step two and follow whatever measures Council requested in two to four weeks. Mr. Diaz stated the Redevelopment Agency had received a copy of the report but has not received any feedback. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 11, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Ferguson stated there were parts of the policy he did not understand. He added that the economic development policy had lacked a clear purpose and direction. He stated he would like a study session with the City Manager, Executive Director of the Redevelopment Agency and City Clerk to discuss the Economic Development Policy the Council envisions. He felt once that was discussed, who did what would fall into place. Councilmember Benson concurred with Councilman Ferguson. She stated she felt when the Economic Development Department was dissolved that economic development opportunity would come through the hotels, and there would be no need for a policy. Councilman Kelly moved to, by Minute Motion, continue subject matter to a Study Session. Motion was seconded by Councilmember Benson and carried by unanimous vote. H. INFORMATIONAL ITEM.: 1. Progress Report on Retail Center Vacancies Mr. Drell reported Sullivan's Steakhouse had opened at the Gardens on El Paseo, as well as April Cornell and Subtle Tones. He added that OfficeMax opened and sales were up 25 % of their projection. He stated there was a lot of interest and action concerning the old Circuit City building. 2. Progress Report on Desert Willow Clubhouse Facility Mr. Acosta reported there was not a lot of visible progress on the clubhouse since the last report. He added the undergrounding had been started and permits had been obtained from the Building & Safety Department. Mr. Acosta stated a meeting was scheduled for Tuesday, February 16, 1999 at 8:30 a.m. to discuss scheduling. 3. Report on Cook Street Wall at Valley Industrial Park Mr. Folkers reported staff was working on the Cook Street wall at Valley Industrial Park from Merle to Velie. He added this was to cut down noise but also maintain visibility for both tenants and those traveling on Cook Street. He further stated that staff was proposing a two -foot planter and, beyond the property line, to construct a 42-inch high wall so the safety requirements are met. Mr. Folkers stated the planter area would include trees and shrubs and some climbing vines. He added Code Enforcement would be working with the business owners on cleaning up the area as well. Councilman Kelly inquired if there were any agreements between the business owners and the City for the walls and landscaping. Mr. Folkers responded staff had talked with the owners, and they were all in agreement. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 11, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Ferguson asked if the covenants would be recorded against the title of the properties. Mr. Diaz stated staff would bring the covenants and agreements back to Council for approval and would do what was indicated to be tied to the property. MR. LYN BEST, president of the Valley Industrial Park Owner's Association, addressed the Council. He stated the Association would be grateful to the Council for any help it approved to beautifify the City. He assured Council that the Association was solvent, well -run by the board of the directors, and well prepared to continue the maintenance of the project once completed. Mr. Folkers informed Council that staff was working with a consultant on the design of the project. He stated that the median width was currently 18 feet, but he would ask that the median width be changed to 14 feet. He added staff would like to meet with the Landscape Committee to discuss the issue as eventually there may be six lanes needed on certain streets, which would require a change in the median. 4. Report on Funding for Washington Street Widening Mr. Folkers reported that a project development team meeting was held earlier today to go through the project. He stated the City's share of the project was $420,000.00. He further added that staff is proceeding as rapidly as possible with the County of Riverside, the Cities of La Quinta and Indian Wells, as well as CVAG. He stated the estimated cost for the landscaping was $40,000.00 for a yearly maintenance, and the City's share would be approximately $16,000.00. Mr. Folkers stated a community meeting would be held on Wednesday, March 10, 1999 at the Palm Desert Country Club for all affected businesses and residents. Mr. Folkers stated staff requested the engineer for the Gardens of Champions install a storm drain along Warner Trail from the Whitewater Channel so that the City could tie in. He stated Brad Hudson of the County of Riverside decided to eliminate any storm drainage facility in that area. He added that both the City of Indian Wells and City of Palm Desert would have no outlet for the facility. He further stated staff was currently working with the Water District to try something on a temporary measure on the northwest comer of Fred Waring and Warner Trail. He added that the County's decision has put a large crimp on the project but staff would continue to move forward and come up with a plan for storm drainage. Councilman Ferguson stated contact should be made with Mr. Hudson's employers. Mayor Pro-Tempore Crites concurred and stated it would cost more later down the road. He added that the City pay their share now to the County and let the County pick up the rest of the cost when they decide to install the storm drain. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 11, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Ferguson stated he and Mayor Pro-Tempore Crites currently sit on a sub -committee with Supervisor Wilson and suggested they approach Supervisor Wilson to take a look at this issue. Mr. Folkers stated the Gardens of Champions improvements on Washington Street were supposed to be completed by December 31, 1999. He felt time was of the essence to get this issue resolved. Councilmember Benson inquired as to how the funding from the gas tax would fit into Washington Street widening. Mr. Folkers stated that those projects are mutually exclusive. Councilman Kelly stated the money Councilmember Benson referred to had to be used for streets, curbs, gutters, and asphalts, not storm drains. Mayor Spiegel requested Mr. Diaz set up a meeting with Supervisor Wilson and have any information back to Council by Wednesday, February 17, 1999. Mayor Pro-Tempore Crites inquired as to whether Informational Items would be more appropriate to come with Section XIII, Reports and Remarks, rather than between Continued Business and Old Business. Mayor Spiegel stated in the future to move Informational Items to just before Reports and Remarks. XI. CONTINUED BUSINESS A. REOUEST FOR APPROVAL OF CIVIC CENTER PARK INTERPRETATIVE INFORMATION PROGRAM. (CONTRACT NO. C15070) (Continued from the meetings of October 22, November 12, and December 10, 1998, and January 14, 1999). Mrs. Gilligan stated this matter was discussed at the Study Session on January 27, 1999. She added that members of the Civic Arts Committee answered Council's questions and the issues were resolved at that time. She requested the recommendation was to approve as presented. Councilmember Benson moved to, by Minute Motion, approve the Art In Public Places and Civic Arts Committee recommendations to commission the artist team of Tanya Bredehoft (Artefact) and Matthew Groshek (Education Design Link) to begin design development of an interpretative information/identity program for Civic Center Park, as identified by staff, for an amount not to exceed $35,000. Motion was seconded by Mayor Pro-Tempore Crites and carried by unanimous vote. Mayor Pro-Tempore Crites requested Councilmember Benson oversee the project to assure that the City receives good dollar value. Councilman Ferguson concurred as he felt $35,000.00 was steep and would like to see the costs brought down as much as possible. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 11, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO CHAPTER 5.88 AND SECTION 25.34.020 (M) AND TO ADD CHAPTER 25.110 TO THE PALM DESERT MUNICIPAL CODE REGARDING THE LOCATION OF ADULT ENTERTAINMENT ESTABLISHMENTS Case No. ZOA 98-7 (City of Palm Desert, Applicant) (Continued from the meeting of January 28, 1999). Mr. Steve Smith, Planning Manager, stated the draft ordinance had been amended to preclude the uses in the industrial park in the area of Washington Street and Country Club. He added that it would be limited to the industrial park in the general area of Cook Street and Hovley Lane, but the location criteria remained unchanged. Mr. Smith stated there was a potential for as many as six sites, with a possibility of a seventh site. He added the seventh site could be accomplished if the lot was split. Councilman Ferguson said an article which appeared in the local paper stated the City was going from seven to 65 sites for adult entertainment. He inquired as to an estimation of vacant lots which would be available for adult entertainment purposes. Mr. Smith stated the number was closer to 57 lots. He further added the site at the north end of Beacon Hill was a vacant lot. He stated the others are developed with either single business and/or multi -tenant buildings which would be an acceptable location for adult entertainment. Mayor Pro-Tempore Crites stated it did not make any difference if there were 50 sites or 500 sites, the maximum number of permits was six, with an outside possibility of seven, with a realistic maximum of three or four. He further stated that if the right people knew geometry, distances and the right things were vacant, and the right people rented and the right parking, etc., you could get up to six permits. Councilman Ferguson asked Mr. Erwin if the City was comfortable with three or four available sites and whether that was enough to meet Constitutional muster. Mr. Erwin replied yes, but staff would need to pay attention and watch the other businesses moving into the area. He stated the ordinance was rewritten so that it would allow a certain amount without too many changes in the future. Councilman Ferguson stated the City was sunsetting buffers and that if a church were to come along retroactive to January 1, 1999, it would do so with notice that they may wind up with an adult entertainment business next door. He asked Mr. Erwin if that could be done with all uses that required a buffer. Mr. Erwin replied that it was not done with all uses, only churches because those are the ones who seem to create the distance requirement problems. Mr. Smith stated the separation of ABC licenced facilities was deleted. He added that was the other use that was impinging on the area. Mr. Erwin stated churches and ABC licensed facilities would have the most impact. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 11, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. PHIL STEIN, 77582 Ashbury Court, Whitehawk, Palm Desert, California, addressed the Council. He thanked the Council for their consideration for shifting the location to the industrial area. He stated his primary concern was in regards to the 65 sites. He added that Mayor Pro-Tempore Crites addressed those concerns. MR. DENNIS LARNEY, 42 Sutton Place, Palm Desert, Califomia, addressed the Council. He asked Mr. Erwin what prompted the need for the change in the ordinance. Mr. Erwin stated in reviewing the ordinance it appeared that the potential sites were down to approximately one. He further stated that the court system indicated that the City does not have the ability to have an absolute prohibition. Mr. Laney requested a citation from the courts in that regard. Mayor Spiegel stated that Mr. Erwin did not have the citation at that time, but a copy would be sent to Mr. Laney. He added that this was the second time the issue had been on the agenda, and Council had been reviewing the issue. Mr. Laney felt that unless the City was challenged, he did not believe it was good policy to change the ordinance. He further stated that Councilman Ferguson previously decried the absence of an economic policy for the City. He asked whether the character of the City had changed to invite these types of businesses. He further stated he was appalled at the method to which this issue had come this far. Councilman Ferguson stated that if only one site was available for adult entertainment complex in the City, the ordinance could be challenged as unconstitutional. He added that if it was challeneged as unconstitutional, the owners of those businesses could go anywhere they want in the City of Palm Desert. He further added that the last thing Council wanted was to operate with a highly suspect ordinance with the ability of an owner of an adult entertainment business to apply, be denied, challenge the ordinance, have it struck down, and then have the ability to open on El Paseo, across from Whitehawk, or anywhere else in the City. He stated that issue was parsed out during three or four meetings of the Planning Commission and City Council. He added that the City was not pro porn or trying to create adult businesses in Palm Desert, but rather trying to do the minimum required by the Constitution to safeguard those types of businesses from proliferating in Palm Desert. Councilmember Benson moved to waive further reading and pass Ordinance No. Di to second reading. Motion was seconded by Mayor Pro-Tempore Crites and carried by unanimous vote. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 11, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XII. OLD BUSINESS A. REOUEST FOR APPROVAL OF MOTHER/CHILD SCULPTURE COMMISSION (CONTRACT NO. C15550). Mrs. Gilligan this matter was discussed at the Study Session on January 27, 1999. She added that there was clear direction from the Council as to what it would like the artist to do and staff is moving forward. Councilman Kelly moved to, by Minute Motion, approve the Art In Public Places Commission recommendation to commission Artist Lisa Reinertson and Landscape Architect Wayne Connor to create a site specific sculpture to be located adjacent to the Community Center and YMCA in Civic Center Park, as presented in concept proposal, in an amount not to exceed $200,000. Motion was seconded by Councilmember Benson and carried by unanimous vote. B. CONSIDERATION OF INFORMATION FROM PALM DESERT COUNTRY CLUB NEIGHBORHOOD TRAFFIC MEETING. Councilman Kelly moved to, by Minute Motion, receive and file. Motion was seconded by Councilman Ferguson and carried by unanimous vote. C. REOUEST FOR AUTHORIZATION TO REJECT THE LOWEST RESPONSIBLE BID BY INDIO CHRYSLER FOR THE LEASE OF A DESERT WILLOW PICKUP TRUCK. Mr. Wohlmuth stated in January 28, 1999, Kemper staff at Desert Willow presented to Council a lease of a pickup truck. Staff received several quotes for a pickup truck lease. He added that since the time staff received the quotes and the lease was awarded, the specific truck was sold. He stated staff attempted to obtain an acceptable substitution, and as a result, the price went up slightly. After trying to work out lease arrangements with Indio Chrysler, Kemper staff at Desert Willow requested this be changed to an auto allowance. He stated staff concurred with that recommendation of $275.00 per month. He added the lease of the specific truck was approximately $274.00. He further stated the City would be less liable with that type of an arrangement. Councilman Kelly inquired as to other makes of trucks. Mr. Wohlmuth responded that the lease proposals received from other vendors were substantially higher than Indio Chrysler. He added those leases were $50.00 to $100.00 higher than Indio Chrysler. Councilman Ferguson moved to, by Minute Motion, reject the bid from Indio Chrysler and authorize a $275/month auto allowance for the Desert Willow Golf Course Superintendent. Motion was seconded by Councilman Kelly and carried by unanimous vote. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 11, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XIII. REPORTS AND REMARKS A. CITY MANAGER Mr. Diaz stated that with regard to the Economic Development study session, if there was a particular issue or question Council would like addressed, to forward it to him so that it could be addressed by staff. B. CITY ATTORNEY Mr. Erwin asked that Closed Session consideration be given for those items listed on the agenda. 1) Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 5.11 acre site, Upper Way West, Palm Desert, California 92260 Negotiating Parties: Agency: City of Palm Desert/Ramon A. Diaz, City Manager Property Owner: Carmelita Ordonia Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) City of Orange, et al. v. Alabama Treasury Advisory Program, et al., Los Angeles Superior Court Case No. BC106461. Significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Public Employment pursuant to Government Code Section 54957: Titles of Positions: City Clerk City Manager Redevelopment Agency Executive Director City Attorney 2) Report and Action on Items from Closed Session Made at This Meeting. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 11, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. CITY CLERK None D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Comment on CVAG Conference Room (Mayor Pro-Tempore Crites). Mayor Pro-Tempore Crites commented that at the recent CVAG meeting, suggestions were made for minor alterations to the CVAG conference room. Mayor Pro-Tempore Crites stated he would pass those comments on to the appropriate staff member. 2. Public Safety Commission, public hearing on truancy ordinance (Councilman Ferguson) Councilman Ferguson stated the Public Safety Commission would hold the first public hearing on the truancy ordinance on Wednesday, February 17, 1999, at 5:00 p.m. He further added that the students should be invited to the public hearing. He requested staff personnel for the Public Safety Commission attend the meeting on Tuesday, February 16, 1999 with the City Manager and representatives of the student body. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 11, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 3. Block Grant for YMCA, (Mayor Spiegel) Mayor Spiegel stated that the YMCA is pursuing the possibility of a $3M block grant that needs a 15 percent match. He added that the YMCA was looking to build a facility at the middle school. He stated the Park and Recreation Commission was also looking at a recommendation to contribute the 15 percent needed to be made by March 12, 1999. He stated the Council would meet on March 11, 1999 and if the Parks and Recreation Commission approves the funding match, it would be on the City Council agenda March 11, 1999. 4. CVAG Public Safety Meeting (Mayor Spiegel) Mayor Spiegel stated that at the Coachella Valley Association of Governments (CVAG) Public Safety Meeting, a discussion was held regarding the subregional approach to code enforcement. He stated CVAG would look at that issue and come back with recommendations of where it might make sense to have the same codes throughout the Coachella Valley. He added that one of the codes may be the numbering of buildings on streets as well as curfew hours in the Coachella Valley. Councilman Kelly stated that at the Transportation Committee Meeting they were asked to bring a sample code for street openings and closures so that it was done consistently throughout all the cities. He added that issue could be combined with those of the other codes CVAG was looking into. o City Council Committee Reports: None. Upon motion by Councilmember Benson, second by Councilman Ferguson, and unanimous vote of the City Council, Mayor Spiegel adjourned the meeting to Closed Session at 5:03 p.m. He reconvened the meeting at 7:00 p.m. Upon reconvening, Mayor Spiegel announced the City Council and Redevelopment Agency would meeting jointly on Thursday, February 25, 1999, from 11:00 a.m. to 2:00 p.m. for the purpose of conducting a tour of the City/Redevelopment Agency property. Mayor Spiegel added that after the budget review session on February 26, 1999, Council would adjourn to a Closed Session for the annual review of the Executives who report to the Council (City Manager, Executive Director of Redevelopment Agency, City Clerk and City Attorney). He added Council would determine a consensus of objectives for the upcoming year, and the Mayor and Mayor Pro-Tempore would then meet with the individuals. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 11, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XIV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO CITY COMMITTEE AND COMMISSION MEMBERS IN RECOGNITION OF THEIR SERVICE TO THE CITY OF PALM DESERT: MARIAN (RUST') OLSEN, HOUSING COMMISSION; DON POORMAN, CITIZENS' ADVISORY COMMITTEE FOR PROJECT AREA NO. 4; GEORGE KERMODE, LIBRARY PROMOTION COMMITTEE; AND JIM MCINTOSH, CIVIC ARTS COMMITTEE (Continued from the meeting of January 28, 1999). On behalf of the City Council, Mayor Spiegel presented engraved, crystal clocks to Messrs. Don Poorman, George Kermode, and Jim McIntosh, and Ms. Marian (Rusti) Olsen, and expressed the Council's sincere appreciation for the time and service they provided to the City of Palm Desert as members of the Citizens' Advisory Committee for Project Area No. 4, Library Promotion Committee, Civic Arts Committee, and Housing Commission, respectively. B. PRESENTATION TO CITY COMMITTEE AND COMMISSION MEMBERS IN RECOGNITION OF THEIR SERVICE TO THE CITY OF PALM DESERT: DOLORIS DRISKEL, PARKS & RECREATION COMMISSION; GEORGE FERNANDEZ, PLANNING COMMISSION; AND JEFFREY COURCHAINE, CIVIC ARTS COMMITTEE. On behalf of the City Council, Mayor Spiegel presented engraved, crystal clocks to Ms. Doloris Driskel and Messrs. George Fernandez and Jeffrey Courchaine and expressed the Council's sincere appreciation for the time and service they provided to the City of Palm Desert as members of the Parks & Recreation Commission, Planning Commission and Civic Arts Committee, respectively. C. PRESENTATION TO PARTICIPANTS WHO CONTRIBUTED THEIR TIME AND TALENTS TO THE CITY OF PALM DESERT'S SILVER ANNIVERSARY CELEBRATION AND TO THE 1998 HOWL-O-WEEN DISPLAY AT THE LIVING DESERT: VALERIE WAGNER, RENEE CAPELA, RACHELLE KLASSEN, PAUL GIBSON, DEBBIE THOMPSON, DEBBIE BRADLEY, JEFF WINKLEPLECK, SHAWN KILPATRICK, MIKE ADKINS, DON ENOS, CARLOS HERNANDEZ, SHEILA GILLIGAN, AND SUSIE MAHAFFEY. On behalf of the City Council, Mayor Spiegel presented engraved letter openers to Mses. Valerie Wagner, Rened Capela, Debbie Thompson, Debbie Bradley, Mary Bleecker, Doloris Dirskel, Donna Gomez, Mary Helen Kelly, Sharon Spiegel, Laura Esqueda, Michelle Bats, Laura McMallard, Maureen Thompson, Sheila Gilligan, and Susie Mahaffey, and Messrs. Ron Gregory, Tom Bassler, Craig McBride, Paul Gibson, Jeff Winidepleck, Jerry Hunt, 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 11, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Shawn Kilpatrick, Mike Adkins, Don Enos, Carlos Hernandez, and Richard Kelly and expressed the Council's sincere appreciation for the time and service they provided to the City of Palm Desert for Palm Desert's Silver Anniversary celebration and the 1998 Howl-O-Ween display at the Living Desert. D. APPOINTMENT OF PALM DESERT'S REPRESENTATIVE TO THE COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT. Councilman Kelly moved to, by Minute Motion, appoint Mr. Art McKay as Palm Desert's representative to the Coachella Valley Mosquito and Vector Control District. Motion was seconded by Councilman Ferguson and carried by unanimous vote. E. APPOINTMENT OF PALM DESERT'S REPRESENTATIVE TO THE PALM SPRINGS AIRPORT COMMISSION. Councilman Ferguson moved to, by Minute Motion, add the subject appointment to the agenda. Motion was seconded by Mayor Pro-Tempore Crites and carried by unanimous vote. Councilman Kelly moved to, by Minute Motion, appoint Mr. William Bizell as Palm Desert's representative to the Palm Springs Airport Commission. Motion was seconded by Councilman Ferguson and carried by unanimous vote. XVI. PUBLIC HEARINGS A. REOUEST FOR APPROVAL OF A GENERAL PLAN AMENDMENT TO ADD SENIOR OVERLAY, ZONE CHANGE TO ADD THE SENIOR OVERLAY DESIGNATION, A PRECISE PLAN AND CONDITIONAL USE PERMIT FOR A HEALTH AND WELLNESS RESIDENTIAL RESORT FOR SENIORS REFERRED TO AS PORTOFINO, CONSISTING OF A 161-BED SKILLED NURSING FACILITY, 150-BED ASSISTED LIVING FACILITY, 288 VILLA UNITS, AND 182 CASITA UNITS, WITH A DEVELOPMENT AGREEMENT ON 75 ACRES SOUTHWEST OF COUNTRY CLUB DRIVE AND PORTOLA AVENUE Case Nos. GPA 98-6. C/Z 98-7. and PP/CUP 98-21 (Royce International Investments Company, Applicant). Mr. Phil Joy, Associate Planner, stated the subject property had previously been approved numerous times for different projects. The most recent approval by the Council was for 241 single family homes and 162 apartments. He stated staff had received an application from Royce International Investments Company and felt it was a first-class resort in terms of low term density, number of amenities, and beautiful architecture. Mr. Joy stated the project was designed to provide all services senior citizens would need to lessen the need to leave the secured community. Mr. Joy stated the project consisted of three types of housing - villas, casitas, skilled nursing center and an assisted living facility. The villas and casitas would have emergency tie-ins with 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 11, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * the nursing facilities with an optional meals plan. He further stated that the villas were arranged in clusters along the northern section of the project and were two stories, sunken below Country Club Drive, and range up to 1,200 square feet. The casitas range up to 1,800 square feet, are one-story, and would be along the southern section of the project. The assisted living and skilled nursing facilities would be constructed along Portola Avenue. He added the lobbies of the two buildings had required a height exception to the ordinance but are within the requirements since the facilities are built well below Portola Avenue. Mr. Joy stated that the project had been approved unanimously by the Architectural Review Committee. He added that the developers provided for a 32 foot parkway area along Country Club Drive opposite Palm Desert Greens. Mr. Joy stated staffs main concern was traffic. He added that the subject project would generate 56 percent less traffic than the existing approval for the site. He stated there were some concerns from the residents of the Casa Blanca development with regard to the oleanders which boarder the two projects. Previous developers had requested the oleanders be removed, but the present developer had informed the residents that the oleanders would remain on site. Mr. Joy stated there were numerous letters of support for this project, including a correspondence received today from Palm Desert Greens Association. He added that as a result of the article which ran Monday, February 8, 1999 in the Desert Sun, numerous telephone calls had been received. He stated the project had no subsidized housing, and all affordable housing for the project were contained in the Development Agreement. He added the membership fees for the project were proposed as a yearly lease type arrangement. Councilman Kelly inquired as to whether a deceleration/acceleration lane would be constructed as requested by SunLine Transit. Mr. Joy stated the criteria SunLine had established for the bus stop as well as the requirements of the Public Works Department were met by the developer. He added a bus shelter would be built by the developer matching the architecture to the development. Mayor Spiegel declared the public hearing open and invited testimony in FAVOR of or OPPOSED to the subject case. MR. ROBERT BIGLER, Project Manager/Architect, 23031 North Via Ventosa, Scottsdale, Arizona, addressed the Council. He stated Mr. Wilson Jones, Project Architect, Mike Smith of Warner Engineering, Ron Gregory, Landscape Architect, and Mike LeMelza, of Royce International Investments, Co. were all present if Council had any questions. Councilman Ferguson stated he felt this was one of the few projects that had very few questions associated with it. He added they had done an outstanding job and felt the project was most appropriate for the senior community of City of Palm Desert. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 11, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Spiegel inquired as to which facilities would be built first. Mr. Bigler stated the developer intended to have all facilities built as quickly as possible. He added the assisted living would be built before the skilled nursing as the State of California required a number of approvals for skilled nursing centers. He further added the casitas and villas were a product of sales and would not be built until sold. Mr. Bigler stated they had tried very hard to nestle the project into the site to give it the least amount of impact from the street. He added that the buildings had been lowered along Country Club Drive to nestle them into the project and to not obstruct the views of the Palm Desert Greens residents. He stated they would be five feet lower than the curb with the finished floors all along Country Club. He further stated that they realized two-story buildings would have an impact on Country Club Drive, so they pulled them back and lowered them down to minimize the impact. Mr. Bigler stated they tried to do the same thing on the south side of the site with the casitas. He added they placed one-story units across the south side of the site as it matched up against the existing one-story homes. He added they again pulled those back to mitigate the impact. He further stated the existing grade on the south end was six to eight feet higher than the homes to the south. He stated they intended to take the dirt down so that the elevations matched the existing homes. He added that the dirt which would be excavated would be moved to the areas along Country Club Drive and Portola Avenue to build berms in place of walls. The developer felt there were too many walls in the area, and berms would provide privacy for the community and noise mitigation. He added that wrought -iron fencing would be woven down through the landscaping to lessen the impact. In places where they don't need the privacy, they would open it up and pull the berms apart so that you are able to see into the project. Throughout the property there are open areas. For the purposes of landscaping and flood control, they would retain their water on site. He added although it was a City requirement, they went one step further and made them a little bit deeper so that they could keep permanent reservoirs of water in the project. They would then have water features as you go down through the site. Mr. Bigler stated the main entrance would be on Country Club Drive, lining up with the entrance to Palm Desert Greens. As you come in, the first building would be the 30,000 square foot recreation center which would have anything anyone could ever want -- from a country store, to a bank, a chapel, indoor swimming pool, etc. He stated other facilities may be added to the recreation center as the project continued to alleviate the need of the residents to leave the complex. Mr. Bigler stated the villas, which are the higher density units, would be built 12 to a building within two stories. The villas would be 900 to 1,200 square foot units. He stated they tried to get a Santa Barbara architecture with a little Spanish flare. He stated the casitas carry the 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 11, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * same theme but would be one-story buildings built in clusters around central courtyards. He stated the developers created the courtyards because people tend to stay indoors when living in communities like this. They intend to get the residents outside as much as possible. The units are designed to have front and back porches as well as other places people could go and sit outside and relate to the neighbors around the clusters. He added the clusters would have vehicle access but the parking would be located in another area. He stated residents would be able to drive up to their homes to drop off groceries, etc., but they would then move their cars to the parking area. Mr. Bigler stated the assisted living facility would be 100,000 square feet. He said the facility would sit five feet below Portola Avenue. He stated the existing sand berm along Portola would be left as is. The assisted living facility would be a two-story building but would be built down the terrain so that the building goes down instead of up. The view people would see from Portola Avenue would be minimal as the berms would be built up, and the buildings lowered. Mayor Pro-Tempore Crites stated the landscaping on the berms appeared to be desert - oriented. He added that Mr. Bigler should come back and do another project within the City. He stated a lot of the issues are ones that are beat around on for months with other developers. Mr. Bigler stated the skilled nursing center would be 100,000 square foot building. He added it would be a two-story building but would not be tucked underneath. He further added that the second floor level would be four feet lower than the finished floor of the fire station. He stated when the berms are in place, the view from the Portola of the skilled nursing center would be minimal as well. In response to Councilmember Benson's inquiry as to how people would purchase the villas or casitas, Mr. Bigler stated he was not sure as he was the architect, but as he understood it, a buyer would purchase a membership fee, such as a country club, and then pay a monthly fee for the facilities used. When the resident leaves, the money would be returned. Mr. Bigler stated the required open space under City ordinance was 40 percent. He stated the developer was presenting 67.25 percent of open space. He further added that only 19 percent of the site was covered by buildings. Mr. Bigler stated they wanted this to be one of the finest facilities in the country and believed they succeeded. Mayor Spiegel inquired as to where the start of the development would be located. Mr. Bigler responded the development would start with the assisted living and then the skilled nursing center. He further added that the clubhouse and models were included in the first phase. He stated that the construction access would be on Portola Avenue, alleviating any concerns of the residents at Palm Desert Greens. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 11, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilmen Kelly and Councilman Ferguson complimented Mr. Bigler on the renderings. Mr. Bigler stated that one of the members of the Planning Commission, who was a teacher at the College, had requested a copy of the renderings to show to his students. Mayor Pro-Tempore Crites thanked Mr. Bigler for being where they needed to be at the start of a process rather than at the end of the process. Mr. Bigler stated the City staff should be thanked as well. He added Mr. Drell hammered into him that he needed to speak to the neighbors. MR. LARRY ALLEN, 73-780 Calle Bisque, Casa Blanca, Palm Desert, California, addressed the Council. He stated his back door was probably less than 20 feet from the wall which would separate the project from him. He added that he had listened to the presentation and found nothing to fault the project. He stated he was totally in favor of the project. MR. ROGER BONNELL, 15 La Jolla, Silver Sands, Palm Desert, California, addressed the Council. He stated he was the President and Board of Director of the Silver Sands Homeowners's Association. He further stated the Board was unanimously in accordance with the project. They felt it was an excellent use of the property. Mayor Spiegel declared the public hearing closed. Mayor Pro-Tempore Crites moved to, 1) Waive further reading and adopt Resolution No. 99-18., adding senior overlay to 75 acres southwest of Portola and Country Club Drive (Case No. GPA 98-6); 2) Waive further reading and pass Ordinance No. 906 to second reading, amending Ordinance No. 107, the Palm Desert Zoning Map, by adding the senior overlay designation to 75 acres southwest of Portola and Country Club Drive (Case No. C/Z 98-7); 3)Waive further reading and pass Ordinance No. 907, to second reading, approving a development agreement between the City of Palm Desert and Royce International Investments Company for a health and wellness resort known as Portofino on 75 acres southwest of Portola and Country Club Drive; 4) Waive further reading and adopt Resolution No. 99-19, approving a precise plan and conditional use permit for a health and wellness resort for seniors consisting of a 161-bed skilled nursing facility, 150-bed assisted living facility, 288 villa units, and 182 casita units on 75 acres southwest of Country Club Drive and Portola Avenue (Case No. PP/CUP 98-21). Motion was seconded by Councilman Ferguson and carried by unanimous vote. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 11, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVII. ADJOURNMENT Upon a motion by Mayor Pro-Tempore Crites, second by Councilman Ferguson, and unanimous vote of the City Council, Mayor Spiegel adjourned the meeting at 7:33 p.m. to a joint meeting of the City Council and Redevelopment Agency at 11:00 a.m. on Thursday, February 25, 1999, for the purpose of conducting a tour of the City/Redevelopment Agency property. ATTEST: /! / SHEILA R. LIGAN, Y CLERK CITY OF PALM DESE , CALIFORNIA &, A / ROBERT A. SPIEGEL, MAYOR 24