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HomeMy WebLinkAbout2008-11-20MINUTES - ADJOURNED REGULAR - PALM DESERT CITY COUNCIL MEETING THURSDAY, NOVEMBER 20, 2008 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Benson convened the meeting at 3:07 p.m. II. ROLL CALL Present: Councilmember Cindy Finerty Councilman Richard S. Kelly Mayor Pro Tem Robert A. Spiegel Mayor Jean M. Benson Excused Absence: Councilman Jim Ferguson Also Present: Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, City Attorney Sheila R. Gilligan, ACM for Community Services Justin McCarthy, ACM for Redevelopment Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Bo Chen, City Engineer Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Patrick Conlon, Director of the Office of Energy Management Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Clay von Helf, Acting Director of Information Systems Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Andrew Shouse, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept. I11. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING IV. ADJOURN TO CLOSED SESSION Request for Closed Session: NOVEMBER 20, 2008 Conference with Real Property Negotiator pursuant to Govemment Code Section 54956.8: 1) Property: Lease Property - Parkview Professional Office Complex - 73710 Fred Waring Drive, Suite No. 203, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Germania Corporation Under Negotiation: x Price x Terms of Payment 2) Property: Lease Property - Parkview Professional Office Complex - 73710 Fred Waring Drive, Suite Nos. 210 & 212, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Wilson, Pesota & Fox Under Negotiation: x Price x Terms of Payment 3) Property: 44-840 Monterey Avenue, Palm Desert (APN 627-071-061) Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Darlene R. Lyons Revocable Trust Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Indian Springs, LTD., v. City of Palm Desert, et al., Riverside County Superior Court, Case No. INC053903 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Mr. Erwin asked for the City Council's consideration of adding an item of existing litigation to the agenda for Closed Session: 2 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 20, 2008 Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): b) Jaroslaw Paluha and Joseph A. Barraco v. City of Palm Desert, Riverside County Superior Court, Case No. INC 077804 On a motion by Spiegel, second by Finerty, and 4-0 vote of the City Council, with Ferguson ABSENT, the aforementioned existing litigation was added to the agenda for Closed Session. With City Council concurrence, Mayor Benson adjourned the meeting to Closed Session at 3:08 p.m. She reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilmember Cindy Finerty VII. INVOCATION - Councilman Richard S. Kelly VIII. ORAL COMMUNICATIONS - B LT. SHOUSE, OFFICER STEVE RIVERA, and K-9 VAN SNAPP presented engraved wooden plaques to the City in honor of Van Snapp's successful placements in the Riverside County Sheriffs Department's 13th Annual K-9 Trials held in Temecula last Saturday. Officer Rivera and K-9 Van Snapp performed extremely well, coming in first place in obedience, second place in protection, and third place in evidence. It was noted that K-9 Van Snapp and Officer Rivera had just recently completed narcotics training school, so it was particularly significant that they placed third in that trial. Lt. Shouse added that the team had also been performing extremely well out in the field in the City of Palm Desert. OFFICER RIVERA commented that Van Snapp placed third in the evidence search from a field of 54 K-9s; the second place finish in protection was in a contest of 44 competitors, being only four points away from first place; and the first place finish in obedience was also in a contest of 44 K-9s. He was very proud of their accomplishments in Van Snapp's first trial, and they thanked the City of Palm Desert for all the support it offered to them every day. 3 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 20, 2008 Mrs. Gilligan noted that the plaques would be on display at the City for a few days, and then they would be retumed to the Police Department next door and Van Snapp's Office for display. Mayor Benson thanked the team for all their hard work. MR. OLAF ERICSON, seasonal resident of Portola Del Sol, Palm Desert, stated he attempted to dispose of a relatively small amount of household hazardous waste last Saturday at the City's facility, but Burrtec turned him away because of his Oregon driver's license. He asked the City to review its policy so that its seasonal residents could participate in the same programs full-time residents enjoy; he felt it was a matter of safety. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE WALTER PRUTER FOR HIS SERVICE TO THE CITY OF PALM DESERT AND ITS BUILDING BOARD OF APPEALS & CONDEMNATION. Mr. Pruter was unable to attend for this presentation, and Mayor Benson noted the City would be forwarding the engraved crystal clock to him in appreciation for his service. B. PRESENTATION TO RECOGNIZE DR. JOYCE WADE-MALTAIS FOR HER SERVICE TO THE CITY OF PALM DESERT AND ITS RENT REVIEW COMMISSION. On behalf of the City Council, Mayor Benson presented the engraved, crystal prism clock to Dr. Wade-Maltais and thanked her for the many years she faithfully served on the City's Rent Review Commission. Mayor Benson also acknowledged Dr. Wade-Maltais' daughter, Michelle, in attendance, who had also been very active in the City with Student Government Day and also as a Student Intern. C. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT/ PALM DESERT REDEVELOPMENT AGENCY EMPLOYEES FOR EXCEPTIONAL SERVICE — OCTOBER 2008. On behalf of the City Council, Mayor Benson and Mr. Ortega honored the following employees for their exemplary performance above and beyond the call of duty: Debra Bradley, Sylvia Carrasco, Brad Chuck, Jose Ramos, and Mary Gates. 4 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 20, 2008 D. APPOINTMENT OF EXISTING HISTORIC PRESERVATION COMMITTEE MEMBERS AND THEIR TERMS OF OFFICE TO THE NEWLY ESTABLISHED CULTURAL RESOURCES PRESERVATION COMMITTEE. Mayor Pro Tem Spiegel moved to, by Minute Motion, appoint Members of the existing Historic Preservation Committee, including their terms of office, to the newly established Cultural Resources Preservation Committee: Gale Broeker (12/08), Don Graybill (12/08), Vera Handley (12/11), Janice Holmlund (12/08), Kim Housken (12/10), Robert Pitchford (12/11), and D. Kent Routh (12/10). Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meetings of October 23, 2008, and November 13, 2008. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 98, 103, 107, 110, and 113. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#632) by Helping Hands Outreach/ Damone Daniel in the Amount of $160,000. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. CITY COMMITTEE/COMMISSION MEETING MINUTES. 1. Library Promotion Committee Meeting of June 25, 2008. 2. Marketing Committee Meeting of September 16, 2008. 3. Parks & Recreation Commission Meetings of October 7, 2008, and October 21, 2008. 4. Youth Committee Meeting of October 6, 2008. Rec: Receive and file. 5 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 20, 2008 E. REQUEST FOR ACCEPTANCE of the 2008/2009 "Click It or Ticket" Mini - Grant Funding Supplied by the California Office of Traffic Safety. Rec: By Minute Motion, accept funding supplied by the California Office of Traffic Safety, specifically earmarked for implementation of the "Click It or Ticket" seat belt compliance program in the amount of $28,910, said program scheduled to run from October 1, 2008, through September 8, 2009. F. REQUEST FOR APPROVAL of Cal COPS Funds Expenditure for Palm Desert Police Department's Commercial Vehicle Enforcement Officer to Crash Data Recorder Conference - Houston, Texas. Rec: By Minute Motion, approve the expenditure of $3,077.10 from the Cal COPS (Supplemental Law Enforcement Services Funding/SLESF) Grant Funds to send the Palm Desert Police Department's Commercial Vehicle Enforcement Officer to a Crash Data Recorder (CDR) Conference in Houston, Texas, January 26-30, 2009 — funds are available in the Cal COPS 2008/09 Account, No. 229-4210-422-3914, and no appropriation is needed or requested. G. REQUEST FOR ACCEPTANCE of Sculpture "Marfa" by Michael Bigger as a Donation to the City's Permanent Public Art Collection. Rec: By Minute Motion, accept the donation of "Marfa" by Michael Bigger to Palm Desert's permanent public art collection. H. REQUEST FOR EXTENSION of Civic Center Janitorial Contract with General Cleaning Services on a Month -by -Month Basis for Remainder of Fiscal Year 2008-2009 (Contract No. C24800A). Rec: By Minute Motion: 1) Extend the subject contract with General Cleaning Services, Palm Desert, California, on a month -by -month basis at the rate of $2,948/month for Civic Center Janitorial Services for the remainder of FY 2008-2009; 2) authorize the Mayor to execute the Extension — funds are available in Account No. 110-4340-413-3090. 6 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 20, 2008 I. REQUEST FOR RATIFICATION of the City Manager's Authorization to Award Contract for the Palm Desert Mobile Estates Landscape Screening Project to Leon's Landscape & Tree Service, Inc. (Contract No. C26960A, Project No. 695-08). Rec: By Minute Motion, ratify the City Manager's authorization to award the subject contract for the Palm Desert Mobile Estates Landscape Screening Project to Leon's Landscape & Tree Service, Inc., Thousand Palms, California, in the amount of $18,505 — funds are available in Account No. 110-4614-453-3370. J. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C27370A — Mesa View Drive Curb Ramp Retrofit Project (Project No. 638-08) (Contreras Construction Company, Indio, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. K. REQUEST FOR APPROVAL of the Reimbursement of Inspection and Signalization Fees for Grading Permit No. 4300-3402 (Scotelle Development, LLC, Applicant). Rec: By Minute Motion, authorize the reimbursement of inspection fees in the amount of $1,508 and signalization fees in the amount of $15,559 (total reimbursement of $17,067) to Scotelle Development, Palm Desert, California. L. REQUEST FOR AUTHORIZATION to Release One-year Maintenance Security for Precise Plan No. 05-19 (Kraus Construction, Inc., Applicant). Rec: By Minute Motion, authorize the City Clerk to release maintenance security for Precise Plan No. 05-19. M. REQUEST FOR AUTHORIZATION to Release One-year Maintenance Security for Tract Map No. 34597 (Voyager Construction, Applicant). Rec: By Minute Motion, authorize the City Clerk to release maintenance security for Tract Map No. 34597. 7 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 20, 2008 N. CONSIDERATION of Parks & Recreation Commission Recommendations for Naming of the University Parks (Four Parks). Rec: By Minute Motion, concur with the recommendation of the Parks & Recreation Commission and approve naming of the four University Parks as follows: 1) University Park West; 2) University Park Central; 3) University Dog Park; 4) University Park East. O. REQUEST FOR WAIVER OF FEES for the Palm Desert Senior Softball League from January 6 - March 24, 2009. Rec: By Minute Motion, approve the Palm Desert Senior Softball League's request for field usage and waive field preparation fees for same. P. INFORMATIONAL REPORT on Installation of Wi-Fi System at The Gardens On El Paseo with Service on El Paseo Extending Between Monterey Avenue and Portola Avenue. Rec: Receive and file. Upon a motion by Finerty, second by Spiegel, and 4-0 vote of the City Council, with Ferguson ABSENT, the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS A. RESOLUTION NO. 08-98 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, VACATING EXCESS PUBLIC UTILITY EASEMENTS ALONG THE COMMON LINE OF LOTS 1 AND 2 IN BLOCK D OF PALM DESERT TRACT, M.B. 21/50-54, ALSO KNOWN AS 73061 AND 73081 EL PASEO, UNDER PROVISIONS OF DIVISION 9, PART 3, CHAPTER 4 OF THE STREETS & HIGHWAYS CODE OF THE STATE OF CALIFORNIA (Churchill Pacific, Applicant). Mayor Pro Tem Spiegel moved to waive further reading and adopt Resolution No. 08-98. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. 8 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 20, 2008 B. RESOLUTION NO. 08-99 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, VACATING EXCESS PUBLIC UTILITY EASEMENT IN POINTE MONTEREY II, PARCEL MAP NO. 34807, UNDER PROVISIONS OF DIVISION 9, PART 3, CHAPTER 4 OF THE STREETS & HIGHWAYS CODE OF THE STATE OF CALIFORNIA (Leilani Partners PD, LLC, Applicant). Mayor Pro Tem Spiegel moved to waive further reading and adopt Resolution No. 08-99. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. C. RESOLUTION NO. 08-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION TRANSPORTATION EXPENDITURE PLAN AND RETAIL TRANSACTION AND USE TAX ORDINANCE (ORDINANCE NO. 88-1 [MEASURE A]) (Riverside County Transportation Commission, Applicant). Responding to question, Mr. Greenwood explained the Coachella Valley Association of Governments (CVAG), at the request of the City of Indio and the City of Palm Springs, approved the extension of the definition of Highway 111 for the purposes of Measure A funding. The designation was extended to the west in Palm Springs down to Interstate 10 where it previously ended at Gene Autry Trail, and it was also extended to the east to Highway 86, so that those portions of Highway 111 that had previously been excluded from Measure A funding could now be included. He said it was important for Palm Desert to approve this request, but it wouldn't go into effect until all cities involved approved the action. Mayor Pro Tem Spiegel moved to waive further reading and adopt Resolution No. 08-100. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. D. RESOLUTION NO. 08-101 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ITS RESOLUTION NOS. 07-72 AND 02-8, ADOPTING TRAVEL EXPENSE GUIDELINES FOR CITY REPRESENTATIVES, OFFICIALS, AND EMPLOYEES. Mr. Ortega noted that Councilman Ferguson wished to participate in the discussion prior to adopting this policy. In addition, he too had some changes to Section 4, and stated Council may want to remove the required approval by the City Manager for such events as listed in Section 4. 9 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 20, 2008 Responding to question, Ms. Gilligan said the other amendment to Section 4 was to add the word "Pre -approved" right before "Functions for which this section applies," so that when attending the League of California Cities monthly meeting, one would automatically be pre -approved and would not require City Council approval individually in the future. Mayor Pro Tem Spiegel asked if there was a reason for Councilman Ferguson wanting to be part of the discussion on this item. Mr. Ortega replied that when the travel policy had come up before, Council agreed to make some changes that applied to any type of travel related to the City. He couldn't recall the exact wording, but Councilman Ferguson was concerned that things would go back to the previous policy as it related to Section 4. Councilmember Finerty stated that since there was no urgency, she would agree to a continuance. Councilmember Finerty moved to continue this item to the meeting of December 11, 2008. Motion was seconded by Benson and carried by a 3-1 vote, with Kelly voting NO and Ferguson ABSENT. E. RESOLUTION NO. 08-102 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PORTIONS OF RESOLUTION NO. 08-66, "EXHIBIT A," SALARY SCHEDULE, SALARY RANGES, AND ALLOCATED CLASSIFICATIONS — REORGANIZATION OF THE INFORMATION SYSTEMS DEPARTMENT. Responding to question, Mr. Ortega confirmed this amendment only applied to the Information Systems Department where a staff member had retired, and he thought it would be appropriate to make the subject changes at this time. Mayor Pro Tem Spiegel moved to waive further reading and adopt Resolution No. 08-102. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. 10 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING XIII. ORDINANCES For Introduction: NOVEMBER 20, 2008 A. ORDINANCE NO. 1173 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SPECIFIED CHAPTERS OF THE CITY MUNICIPAL CODE, TO ADOPT THE 2007 EDITIONS OF THE CALIFORNIA CODES AND RELATED MODEL CODES WITH SELECTED APPENDICES AND AMENDMENTS THERETO, AND MODIFYING SECTION 8.70.010 AND 8.70.040 OF THE CODE, RELATING TO PROPERTY MAINTENANCE. Responding to question, Mr. Grance replied this Ordinance was not reviewed by the Business Industry Association (BIA) because staff was removing some of the amendments and relaxing some of the requirements. Further responding, he said the Ordinance wasn't stricter. A few amendments in the Fire Code were inadvertently missed during the last adoption process requiring sprinklers in some of the occupancy classifications that would be installed in this adoption. Mayor Pro Tem Spiegel moved to waive further reading and pass Ordinance No. 1173 to second reading. Councilman Kelly stated he's had a problem with the address numbering in the commercial area for more than 20 years, and he had advocated to have it corrected. He said it was absolutely impossible to tell what the addresses were on the buildings down on El Paseo; addresses were located high up on buildings. He thought the City needed to do something so that when driving down El Paseo or Highway 111, buildings were easily identified. He said it wasn't just a matter of convenience, but a safety concern as well. Responding to question regarding standards and dimensions for addresses, Mr. Grance replied prior Ordinance No. 1006 included standards and setbacks from frontage; the further the setback the larger the numbers were required. When Ordinance No. 1145 was adopted, the language wasn't carried over in Chapter 15.15. Staff inserted Chapter 15.15 in the proposed Ordinance No. 1173, which will emulate the same text in Ordinance No. 1006. Further responding, he said the sizes of the numbers on addresses depended on the setbacks. Mayor Pro Tem Spiegel stated the issue was addressed in the existing Ordinance, but it wasn't being enforced. 11 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 20, 2008 Councilman Kelly said addresses were located 35 feet high on some buildings, which made it difficult to see when driving down the street. In addition, some buildings were identified as "A, B, C, and D," but they didn't have an address attached to it. Mr. Grance noted additional language was inserted that would allow the Director of Building & Safety to look at the site conditions on a case by case basis. Councilman Kelly agreed the Ordinance covered the size and height requirements, but his problem was not the size, it was the location of the addresses on the buildings. He felt the City needed to have a project that would make the correction on the buildings. Mayor Pro Tem Spiegel suggested Code Compliance Manager Hart Ponder might be able to help with this matter. Councilmember Finerty stated she managed a building where she was required to change out the address numbers, and the City gave specific instructions about what was required. The change was made so that emergency services could easily identify the buildings. She wondered if this was a problem only with older buildings that possibly Code Enforcement could review in conjunction with the regulations required by the Fire Department. Mr. Grance agreed it could be done through Code Enforcement. Mayor Pro Tem Spiegel recommended this matter be continued so that Ordinance No. 1173, Section 15.15.20 could be rewritten to indicate addresses needed to be visible to drivers. Mr. Grance noted that in some cases, landscaping matured and the visibility of addresses were obstructed, and it could be an on -going issue. He agreed this issue could be dealt with on a case -by -case matter, and the proposed Ordinance would allow the Director of Building & Safety to set a certain criteria to meet site conditions. Mayor Pro Tem Spiegel moved to continued this matter to the meeting of December 11, 2008. Motion was seconded by Kelly and carried by a 4-0 vote, with Ferguson ABSENT. 12 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 20, 2008 B. ORDINANCE NO. 1174 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS OF PALM DESERT MUNICIPAL CODE CHAPTER 10.76, RELATED TO GOLF CARTS. Councilman Kelly moved to waive further reading and pass Ordinance No. 1174 to second reading. Motion was seconded by Finerty. Responding to question, Councilman Kelly noted the existing Ordinance only allowed two people on a golf cart, and the amendment would address that section. Mayor Pro Tem Spiegel stated he understood that portion of the amendment, but he questioned if a three -wheeled golf cart was unsafe. Councilman Kelly replied he thought they were unsafe for traveling on the road. Mayor Benson called for the vote, and the motion carried by a 4-0 vote, with Ferguson ABSENT. C. ORDINANCE NO. 1175 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 17 OF THE PALM DESERT MUNICIPAL CODE BY ADDING TITLE 17 RELATIVE TO PROCEDURES FOR THE ISSUANCE AND SALE OF BONDS IN CONNECTION WITH CHAPTER 29 OF PART 3 OF DIVISION 7 OF THE CALIFORNIA STREETS & HIGHWAYS CODE. Mr. Ortega noted staff had initially approached Council for permission to explore having the City conduct a private placement with the Palm Desert Redevelopment Agency for $5 million to continue funding the City's Energy Loan Program. Given that Palm Desert was a Charter City, it was able to adopt some regulations to be able to accomplish it. The proposed amendment would in fact change procedures and add some amendments by which the City issued bonds. The proposed Ordinance was drafted by Richards, Watson & Gershon. He noted Counsel William Strauss was present to answer questions. Further responding, he said adoption of this Ordinance would give the City it's own authority. Mayor Pro Tem Spiegel moved to waive further reading and pass Ordinance No. 1175 to second reading. Motion was seconded by Finerty. 13 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 20, 2008 Councilman Kelly stated this smelled like creative financing, and there were so many complications, changes, and rules to reaching the bottom line; it scared him, and he would not be voting for it until he saw something that was Tess creative. Mayor Benson called for the vote, and the motion carried by a 3-1 vote, with Kelly voting NO and Ferguson ABSENT. For Adoption: None XIV. NEW BUSINESS A. CONSIDERATION OF REQUEST FOR THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR LOTS 124, 125, AND 126 AT DOLCE TRACT NO. 31071 WITHOUT COMPLETION OF OFFSITE AND ONSITE IMPROVEMENTS APPROVED WITH THE PROJECT Case No. TR 31071 (Rilington Communities, Applicant). Mr. Ortega noted this issue had been resolved and requested this item be pulled from the agenda. The Applicant provided bonds to guarantee the completion of the improvements. With City Council concurrence, this item was WITHDRAWN from the Agenda and no action was taken. B. REQUEST FOR CONFIRMATION THAT NO CHANGES IN THE PALM DESERT SPHERES OF INFLUENCE ARE ANTICIPATED WITHIN THE NEXT FIVE YEARS. Councilman Kelly moved, to by Minute Motion, confirm that no changes in the Palm Desert Spheres of Influence are anticipated within the next five years so that this information can be provided to the Local Agency Formation Commission (LAFCO). Motion was seconded by Finerty. Mayor Pro Tem Spiegel stated Corky Larson met with him, and she asked to have the Council reconsider having Sun City back in Palm Desert's sphere of influence. He said Sun City residents feared being taken over by another community in another city. He said Sun City wouldn't have to be brought into the City, just under it's sphere of influence at no cost to the City. Ms. Larson wished to discuss this matter with other members of the Council, but he didn't know if she had the opportunity to do so. He recommended a continuance. 14 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 20, 2008 Councilman Kelly withdrew his motion and moved to continue this matter to the meeting of December 11, 2008. Motion was seconded by Finerty and carried by a 4-0 vote with Ferguson ABSENT. C. REQUEST FOR AWARD OF CONTRACT TO HUNSAKER & ASSOCIATES, INC., FOR LAND SURVEYING SERVICES FOR A RECORD OF SURVEY OF THE HIGHWAY 111 CORRIDOR (CONTRACT NO. C28330, PROJECT NO. 635-08). Responding to question, Mr. Greenwood stated the City recently assumed jurisdiction of Highway 111, and because it was built over the course of 50 years, the location of the property line was always in doubt. He said there was quite a bit of surveying involved to determine where the road and property line were located, so staff was proposing a comprehensive project to settle the question once and for all; it will help staff with street projects, community development, and property owners when remodeling.. Councilman Kelly moved to, by Minute Motion: 1) Award the subject contract for Land Surveying Services for a Record of Survey of the Highway 111 Corridor to Hunsaker & Associates, Inc., Palm Desert, California, in the amount of $155,700; 2) authorize a 10% contingency for the project in the amount of $15,570; 3) authorize the Mayor to execute said contract — funds are available in Account No. 110-4300-413-3010. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. D. REQUEST FOR AWARD OF CONTRACT TO NANCY J. FRIEDMAN PUBLIC RELATIONS FOR PUBLIC RELATIONS SERVICES THROUGH OCTOBER 31, 2009 (CONTRACT NO. C28340). Responding to question, Ms. Gilligan confirmed this contract was in conjunction with the Marriott Desert Springs. She said the City had the ability/opportunity to piggyback under Marriott's contract for a significantly lower cost. She said this firm had earned a strong backing, and they've done a great job for the City. Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Concur with the Marketing Committee's recommendation and award the subject contract to Nancy J. Friedman Public Relations in the amount of $72,000 for Public Relations Services through October 31, 2009; 2) authorize the Mayor to execute the contract on behalf of the City — funds are available in Account No. 110-4417-414-3090. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. XV. CONTINUED BUSINESS 15 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 20, 2008 A. REQUEST FOR CONSIDERATION OF THE CREATION OF A PALM DESERT HISTORIC MUSEUM IN CONJUNCTION WITH THE PALM DESERT HISTORICAL SOCIETY (Continued from the meetings of June 26, September 11, and October 9, 2008). Mayor Pro Tem Spiegel stated the staff report indicated the City would participate in the renovation of the Portola Community Center in the amount of $200,000. He questioned if that project was also part of this agreement. Ms. Gilligan responded it was not necessarily part of the agreement, but it was what the City started with, as part of the presentation to the Chamber of Commerce, in the original recommendation. She said the Portola renovation was still on the table and staff would have to return with a final negotiation. Staff will follow Council's direction and continue this matter to the budget session to give the Council a greater opportunity to discuss and see what needs to be done with it. Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Approve the use of office space at the Portola Community Center for one year; 2) direct staff to continue the rental of a climate -controlled storage unit through FY 2009-2010; 3) direct staff to continue negotiations with the Historical Society for consideration as part of the City's Fiscal Year 2009-2010 Budget; 4) direct staff to approve a month -to -month rental to the Friends of the Desert Mountains of two office spaces at the Portola Community Center through June 30, 2009. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. B. REQUEST FOR APPROVAL OF PARCEL MAP NO. 31862 (Indian Springs, Ltd., c/o James & Associates, Inc., Applicant) (Continued from the meetings of September 11, and October 9, 2008). Following is a verbatim transcript of the discussion and testimony for Continued Business Item B. Kev RAS Robert A. Spiegel, Mayor Pro Tem DJE David J. Erwin, City Attorney DF Don Fair, Resident of Indian Springs, Space No. 158 GD Gordon Davis, Resident of Indian Springs CB Carol Byron, Resident of Indian Springs ME Margo Everson, Resident of Indian Springs JS Jacqueline Swift, Resident of Indian Springs, Space No. 136 LSL L. Sue Loftin, Applicant's Attorney 16 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 20, 2008 RAS Next item is Approval of Parcel Map No. 31862, Indian Springs Limited., James & Associates, Applicant, continued from the meetings of September 11 th and October the 9'h. I have five blue cards of people who want to speak, and we'll certainly listen to you, but this is going to be continued. We're not going to act on anything this evening, it's gonna' be continued to Monday morning at 8 o'clock, next Monday, so just to let you know that. You are more than...welcome to speak to us. The first card I have is Don Fair. DJE Mr. Mayor, if I may? Prior to that, at least relate to the Council that I am waiting for the potential of a phone call from Judge Taylor, which may permit the Council to continue it for a longer period of time than to Monday morning. I am hopeful that will get some form of a phone call to that effect. If I do not, it will be Monday morning at 8:00 a.m. RAS Just to give you a little background, this past Friday, myself for a while, and then Councilman Ferguson were in the Judges Chamber, at the Chamber or office with two other groups. The City had four: attorney, Justin McCarthy, myself, and then Jim Ferguson, he came later on; I had to leave at 1:00. The Park was represented, and also the owner was presented by his attorneys. And...they were there til 10:30 at night. I thought, I had a feeling that maybe an agreement was made, but now I understand from Dave Erwin, our attorney that nothing has really been set in stone at this point. So we're open to listen to you, but that's basically where it stands. And if we don't hear from the Judge, than this will be continued to 8 o'clock Monday morning. And with that, I'm gonna' call out the names and we're gonna limit your conversations to three minutes because most of you met with us earlier. Mr. Don Fair? DF I'll pass. RAS No, pass? Okay. Gordon Davis? GD Gordon Davis resident of Indian Springs. I want to speak in behalf of our President and Legislative Committee who would of been here today, but they are in session with Judge Taylor at 3:30 today. And also, I want to personally thank you for having a study session, I appreciate it very much. And also thank the Council for their...searching for the right word...involvement and assistance in this matter, and we all are unified and hope we can reach conclusion. Thank you. RAS Thank you. Carol Byron? CB Pass. RAS Pass? Looks like Margo Everson, is that right? 17 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING ME Yes, pass. RAS Pass. Jackie Swift? JS Pass. RAS Sue Loftin? LSL Pass. RAS Pass. I will thank you all for coming. NOVEMBER 20, 2008 DJE Mr. Mayor, if I might ask if you would, rather than Council taking action now...hold this to the end of the agenda allowing potentially Judge Taylor to give me a call if something should occur? RAS Unfortunately, you're gonna' have to sit with us until we go through everything this evening. DJE I would anticipate that it would be no longer than 5:00 or 5:30. RAS Okay, alright, good. Okay then, we'll put it aside and as soon as we hear something, you'll be the first to know, and I'll see if we can get the Mayor back. The Council continued with the regular agenda and toward the end of the meeting Mr. Erwin returned with a request to continue this item to Monday morning. With City Council concurrence, this item was continued to November 24, 2008, at 8:00 a.m. 18 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 20, 2008 C. CONSIDERATION OF ORDINANCES RELATED TO NOISE DISTURBANCES AND MULTIPLE RESPONSES TO LOUD OR UNRULY PARTIES AND GATHERINGS (Continued from the meeting of October 23, 2008). Ms. Aylaian noted the subject Ordinance was revised to reflect the request by Council that there be penalties inserted for people who called in repeatedly with false alarms. Those penalties will be charged to people who have repeated calls for services due to the production of loud and unruly parties. The Noise Ordinance itself remained unchanged. Responding to question, she said neighborhood parties by rentals would be covered under this Ordinance. Councilman Kelly noted Ordinance Nos. 1169 and 1170 were the same, except that one was an Urgency Ordinance, and it was the same with Ordinance Nos. 1171 and 1172, one was an Urgency Ordinance. He said Ms. Aylaian had explained to him that the Urgency Ordinances were needed with the Season coming up, and after his discussion with her, he believed they included everything Council had requested, and they should be approved and moved forward. Councilman Kelly moved to waive further reading and adopt Urgency Ordinance No. 1169, amending Chapter 9.24 - Noise Control - of the Palm Desert Municipal Code, and adopt Urgency Ordinance No. 1171, adding Chapter 9.25 to the Palm Desert Municipal Code, regarding multiple responses to loud or unruly parties, gatherings, or other similar events. Responding to question, Ms. Aylaian acknowledged reading Maggie Tasseron's letter, and stated she had an extensive dialogue with her. She believed Ms. Tasseron's concerns would be better addressed under the new Noise Ordinance; however, it will not be completely resolved. It will take independent verification from the responding Code Enforcement Officer or Police Officer, but if they agree that her complaints are legitimate, staff will be allowed to enforce her concerns under the new ordinance because the existing ordinance relied strictly on a meter reading. Mayor Pro Tem Spiegel stated this was an issue of a noisy pool pump that could be heard by the next door neighbor even with all the windows and doors closed. He thought this might be resolved by getting a new pool pump. There were pool pumps available that one could get a rebate, save money on the electric bill, and not cause any noise. Ms. Aylaian replied that staff had already suggested it. 19 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 20, 2008 Councilmember Finerty seconded the motion and carried by a 4-0 vote, with Ferguson ABSENT. Mr. Erwin noted the motion included the two Urgency Ordinances, but there was still Ordinance Nos. 1170 and 1172 to consider. Councilman Kelly stated it was his intention to move for approval of the Urgency Ordinances and deny the other two. Mr. Erwin requested that the Council at least consider passing Ordinance Nos. 1170 and 1172 to second reading in case the Urgency Ordinances were challenged, which were meant to go into effect immediately. Councilman Kelly modified his motion and moved to waive further reading and 1) Adopt Urgency Ordinance No. 1169, amending Chapter 9.24 - Noise Control - of the Palm Desert Municipal Code; 2) pass Ordinance No. 1170 to second reading, amending Chapter 9.24 of the Palm Desert Municipal Code; 3) adopt Urgency Ordinance No. 1171, adding Chapter 9.25 to the Palm Desert Municipal Code, regarding multiple responses to loud or unruly parties, gatherings, or other similar events; 4) pass Ordinance No. 1172 to second reading, adding Chapter 9.25 to the Palm Desert Municipal Code, regarding multiple responses to loud or unruly parties, gatherings, or other similar events. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF AMENDMENT NO. 1 TO THE REIMBURSEMENT AGREEMENT WITH THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) FOR DESIGN, RIGHT-OF- WAY ACQUISITION, AND CONSTRUCTION OF THE MONTEREY AVENUE/I-10 INTERCHANGE RAMP IMPROVEMENTS (CONTRACT NO. C22310B, PROJECT NO. 669-02). Mr. Ortega noted this item would amend the existing agreement that will provide additional funding for this project. Councilman Kelly moved to, by Minute Motion: 1) Approve Amendment No. 1 to the subject Reimbursement Agreement with CVAG to increase that agency's funding by $1,100,000 for the design, right-of-way acquisition, and construction of the Monterey Avenue/I-10 Interchange Ramp Improvement Project; 2) authorize the Mayor to execute the Amendment. Motion was seconded by Finerty. Mayor Pro Tem Spiegel stated the price will go up again if not taken care of right away. 20 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 20, 2008 Mr. Greenwood replied staff would like to get it done quickly, but there were many hurdles to be jumped in the environmental and right-of-way process. He said staff was making progress, but it would be a while before construction took place; possibly one or two more years. Mayor Benson called for the vote, and the motion carried by a 4-0 vote, with Ferguson ABSENT. B. REQUEST FOR AWARD OF CONTRACT TO GLOBAL CTI GROUP IN AN AMOUNT NOT TO EXCEED $365,207 FOR INSTALLATION OF NEW PHONE SYSTEM FOR CITY FACILITIES (CONTRACT NO. C27490A). Responding to question, Mr. Gibson replied the City was using funds from Fund 400, which was previously allocated but not used. Further responding, he said this project wasn't budgeted for, but funds were being transferred from one account to another to fund it. Councilmember Finerty inquired about the $60,000 difference between the company the Committee was recommending and Blue Violet. Mr. Gibson replied the Committee was represented by every department in City Hall, and they all looked at all the proposals. All vendors were required to bring in phone equipment, provide a demonstration, show the uses of it, and explain the pluses and minuses of their system. The Committee unanimously voted to go with Global CTI Group. He said some of the vendors didn't even bring in their equipment or the telephone they were proposing to sell. He said the Committee recommended the company that provided the best presentation and also met all the needs and requirements of the City. Councilmember Finerty stated that according to the rating scale, Global CTI rated 8.7 and Blue Violet rated 8.55, and based on those numbers, she was trying to understand where it was beneficial to spend $60,000 more for a system that wasn't budgeted for to begin with. Mr. Gibson replied the point system didn't provide a true picture of what the Committee saw, but there was a clear distinction between the two companies He said Global CTI Group would be the only company the Committee would recommend to the Council. Further responding, he said Council had already approved the installation of the cable, which had begun this day; and once the cable installation was complete, the phone system would be installed. Councilmember Finerty asked what was the life expectancy of the new phone system. 21 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 20, 2008 Mr. Gibson replied he hoped it would last 15 years again. Further responding he agreed funds could be set aside as a reserve for when the phone system needed to be replaced again, although the price tag would be a guess estimate. Mayor Benson inquired about the personal human contact when answering the phones. Mr. Gibson replied the same procedure would be used; staff will continue to answer incoming phone calls. Mayor Pro Tem Spiegel added the new phone system will allow phone calls to be transferred to inspectors out in the field. Councilmember Finerty would move to approve this item if the City adopted a policy to set aside a reserve at 3.5% - 4% annually over a period of 15 years, so that the next time a replacement was needed, funds would be available. Councilmember Finerty moved to, by Minute Motion: 1) Award the subject contract to Global CTI Group in the amount of $358,407, plus an amount of $6,800 for additional back-up telephones, with a total not to exceed $365,207 to install new phone system in City Hall, Visitor Center, Energy Management, and Corporation Yard Buildings; 2) authorize the Director of Finance to set aside a 10% contingency for the project in the amount of $36,500; 3) authorize the Mayor to execute said contract — funds are available in Fund 400, Capital Projects; 4) establish a Telephone System Replacement Reserve at a rate of 3.5% - 4% annually in order to set aside funds that will be required for future replacement of the system. Motion was seconded by Spiegel and carried by a 4-0 vote, with Ferguson ABSENT. C. REQUEST FOR APPROVAL OF THE FINAL DESIGN OF THE CITY'S "WAYFINDING SIGNS." Mayor Pro Tem Spiegel noted the Council had seen the sample, but the logo name "Palm Desert" seemed to be too dark. He preferred that it be lighten up. Councilmember Finerty agreed, and stated a dark background usually required a light color for contrast. Mayor Pro Tem Spiegel noted the Chamber of Commerce was one of the major players for a sign and thought it was important their logo showed up as well. 22 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 20, 2008 Mr. Greenwood replied the sample was just a typical sign, but there were about 70 other signs in the City providing direction. Councilman Kelly stated the staff report didn't indicate what the sign would say, only where they were to be located, so he didn't know if the Chamber of Commerce was on the list. Mr. Greenwood responded staff had a map that showed every sign and what the message was, and it could be provided to the Council. He noted the Chamber of Commerce, the Visitor Center, and The Living Desert Reserve were included in the Wayfinding sign list. Further responding about the color of the logo, he agreed to change the City logo element to be white in color. Mayor Pro Tem Spiegel moved to, by Minute Motion, approve the final design of the City's "Wayfinding Signs," as amended to change City logo element to be white in color to be more visible, and authorized commencement of the project. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. D. REQUEST FOR AUTHORIZATION FOR STAFF TO NEGOTIATE WITH WELLS FARGO BANK REGARDING ITS PROPOSAL TO ASSIST THE CITY WITH STRUCTURING A VARIABLE RATE BOND ISSUE TO PROVIDE FINANCING FOR THE CITY'S ENERGY INDEPENDENCE PROGRAM. Mayor Pro Tem Spiegel moved to continue this item to the meeting of November 24, 2008. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT, REMOVING SECTION 25.15.130 OF THE PALM DESERT MUNICIPAL CODE, OPTIONAL PRELIMINARY APPROVAL PROCEDURE, IN ITS ENTIRETY FROM THE HILLSIDE PLANNED RESIDENTIAL ZONE Case No. ZOA 08-392 (City of Palm Desert, Applicant). Ms. Aylaian stated the proposed Ordinance revision was requested by the City Council in September of this year. Since that time, it's gone through the Planning Commission for further review and consideration, and on a 3-2 vote, the Planning Commission recommended approval of the Zoning Ordinance Amendment. Essentially what this did, it eliminated a process that was included in the Ordinance in an attempt to streamline a complicated entitlement process for someone who wanted to build a home in the Hillside Planned Residential Zone. The streamline process was never used until this 23 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 20, 2008 past year by two different applicants that attempted to identify in advance a site that was preliminary acceptable for construction of a home; neither of the two applications resulted in a successful conclusion. It is staffs estimation the process was set up for failure. She said construction on the hillside was very complicated, and each site was peculiar with its own idiosyncrasies and geography for consideration. To slight the examination by giving it a cursory review and approval, would not lead to a meaningful decision -based making process. She said rather than enticing applicants for potential preliminary approval, it was staffs recommendation that applicants go through the whole review process, which would be required anyway. Staff could then conduct a more thorough analysis of any application that was submitted, and a more meaningful approval process. Mayor Benson declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MR. DAVID NELSON, 72-585 Beavertail Street, Palm Desert, CA, stated he was opposed to the removal of this Ordinance. He said applying for Hillside Development was a costly process, and the preliminary review provided guidance as to whether there was a reasonable probability of obtaining approval; the details of which can then be worked through in a second application. He liked to hear confirmation that the changes enacted would not apply to those who were already in process with the prior Ordinance. With no further testimony offered, Mayor Benson declared the public hearing closed. Councilmember Finerty moved to waive further reading and pass Ordinance No. 1176 to second reading, approving Zoning Ordinance Amendment No. 08-392, which will remove Section 25.15.130, Optional Preliminary Approval Procedure, in its entirety from the Hillside Planned Residential Zone. Motion was seconded by Kelly and carried by a 4-0 vote, with Ferguson ABSENT. 24 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 20, 2008 B. REQUEST FOR CERTIFICATION OF AN ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE SUBDIVISION OF 11.87 ACRES INTO TWO HOME SITES WITH 9.09 ACRES OF DEDICATED OPEN SPACE WEST OF INDIAN COVE, A PRIVATE STREET WITHIN THE "CANYONS AT BIGHORN GOLF CLUB," AND SOUTH OF DEAD INDIAN CREEK, AND APPROVAL OF A TENTATIVE TRACT MAP FOR THE PROJECT KNOWN AS "CORNISHE" Case No. TT 31676 (Cornishe of Bighorn/Allen, Matkins, Leck, Gamble & Mallory LLP, Applicant). Associate Transportation Planner Phil Joy stated this item was for adoption of the attached Resolution that certified and approved the subject application. An Environmental Impact Report (EIR) was required for this project due to the close proximity to the lambing pens at the Bighorn Sheep Institute. Adjacent to this project was the Canyons at Bighorn. When that project was approved, there was an agreement reached between the developer and the City implicating a 400-yard buffer on that project. The owners of this property objected to that buffer because it would prohibit development on the site. This application was submitted five years ago, so it's been a long and lengthy process. As part of this process, the preferred alternative was identified in the EIR, resulting in the present application, which established a 240 yard -buffer. The Planning Commission recommended approval of the project with a 3-2 vote. The majority of the Commission felt this project would not generate significant amount of noise or disturbance to the sheep. The minority of the Commission thought the site was not suitable for this type of development. Since that time, the developer redesigned the plans slightly in order for the small portion of the project that was in the hillside, complied with the City's Hillside Ordinance standards. He displayed the site location and described the adjacent properties, projects, private homes, buffers, etc. He said the majority of the property was in the Planned Residential-5, and the General Planned designation for the property was Low Density Residential. He went on to describe the different elevations and density standards surrounding the project. He said construction of the homes would occur during the six months of the non -lambing season. He said the architectural criteria of the homes would be the same as the Canyons at Bighorn, in addition to obtaining approval of the Architectural Review Commission (ARC) in order to implicate any kind of mitigation measures contained in the EIR. He went on to describe the grading and findings as noted in the staff report. In conclusion, he said staff tried to allow development closer to the Institute pens, and whether mitigation measures could be placed on the project to keep the project's impact below the level of significance. What was suggested by the Consultant was a tuck -under parking, the screening of all human activity, no construction during lambing season, and elimination of glaring lights due to construction and operations of the homes. He introduce the City's EIR 25 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 20, 2008 Consultant Steve Nelson from PCR Services, who's been on the project for five years. MR. STEVE NELSON, Director of Biological Services with PCR Services Corporation located at 1 Venture, Suite 150, Irvine, CA, displayed a visual analysis that was performed in an attempt to fully mitigate potential visual impacts on sheep in the pen from the project, which was a key concern to the Institute and the agencies. The analysis had to do with the habituation of the sheep that will be released into the wild to human activity and presence, which was the reason for the 400-yard buffer. In the analysis, they took two points within the pen, the highest point and at a 400-yard setback, and from those points they did cross sections of what the topography and maximum height of what the building would be, and then assumed an activity level in the realm of the residential structures of eight feet where most of the activity would be seen by sheep from the pen. They found that strategically placing barriers, in some cases up to 15-feet high, could effectively reduce the views of the activity around the homes from sheep in the pen, but they could not eliminate them entirely. He believed there was a potential significant adverse impact that couldn't be mitigated; it could be reduced but not completely eliminated. He said that was their last effort to mitigate the proximity of the project to the sheep in the pen and still meet the objectives of the Institute. He offered to answer questions. Responding to question, he said the project could not be mitigated 100%, and noted at night the headlights from vehicles could potentially be a problem as well. Mayor Pro Tem Spiegel asked how much dirt would be needed to fill in the ravine. Mr. Joy responded originally it was more than 30,000 cubic yards, but as a result of the redesign of the project, its been reduced to 28,000 cubic yards, and half of it was for the ravine. Further responding, he confirmed the route he used to take the Council to look at the site, the one that looked like a driveway, was the only access. He noted the road would be widen as a natural way to the project. MR. PATRICK PERRY, Attorney for Cornish at Bighorn, stated he lived at 515 South Figueroa Street, Los Angeles, CA. He said this project was presented to the Council in 2006, and Councilmember Finerty was on the Planning Commission at that time. He said this project had a long history and possibly a longer history than the Bighorn Institute and The Canyons of Bighorn project. He said the current owners, who were member of the LLC that controlled the property now, originally purchased the property in 1977 when there was no development around. The Bighorn Institute was originally leased, then purchased the property from the Bureau of Land Management, 26 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 20, 2008 and then established the Institute in 1984. The Canyons of Bighorn, previously the Altamira project was approved in 1991. The 400-yard buffer was established as a result of a settlement agreement over litigation that ensued following the approval of the Altamira project. The parties to that litigation was the City, Bighorn Institute, and then owners of the Cornish of the Bighorn project. When that 400-yard buffer was established, there was a provision which stated the property that's located within the buffer would not preclude the property from being developed in the future. He reiterated this was a settlement agreement approved and signed by the City, the Bighorn Institute, and the owners of the Cornish of Bighorn property. The subject project before the Council today was a result of an evolution that had taken place over the course of the past six years. Originally this map came forward, and it proposed a total of 57 units on the property, which was the total number of units that could be developed under the existing zoning. He noted a small portion of the properties were on Hillside Planned Residential, and the remainder was on Planned Residential with a limitation of 5 units per acre. He said the first map was submitted for 38 units, which were going to be multi -family condominium units in six separate structures located on eight pads within the property; that project was studied in the original EIR for the property. After that map was submitted, there was concern that the only legal form of access was through a 30-foot wide easement, which ran right through the middle of the 14th fairway of golf course on the Canyons at Bighorn property, which understandably concemed them. He said at 38 units, they would be required to provide two separate means of access according to Fire Department Requirement. He met with the Fire Department to see what could be done in terms of reducing the number of units to only require one access. The site had one access coming down through the golf course, and one coming off Indian Cove, which was the proposed access now. It was determined that if they were to go forward with eight single-family homes on those eight pads instead of the multi -family structures, they would be permitted to provide a single means of access as long as the road was 25 feet wide. That alternative was studied in the EIR that went out for public review circulation, and it was determined that there would be significant traffic impacts on the roadway at the Canyons of Bighorn. At that point, the project was reduced again to four residential units, which was submitted in 2006. When it was reviewed by the Planning Commission and the City Council, there were concerns expressed, and the project was continued indefinitely to give the Applicant an opportunity to present a project that would be more acceptable. Once again the project was scaled down to two homes, and it was approved in September by the Planning Commission. Concerns expressed at that time were related to compliance with the City's Hillside Ordinance, and again it was redesigned to make it comply. He noted only a small portion of the property was subject to the Hillside Ordinance. He said with the re -configuration the amount of soil that would be required to be 27 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 20, 2008 imported, which at that point was close to 36,000 cubic yards could be reduced to 28,000; a reduction of 20%. Again in order to get the roadway access into the property, it was necessary to import soil, but a portion of that was going into the lower portion of the two lots to create the pad height. The lower pad sits at approximately 809 feet above sea level and the upper pad was at approximately 820 feet, which was comparable to the height and pads immediately to the east along Indian Cove. He said they've done everything they could to try to accommodate the various concerns expressed and understood the issues and proximity to the lambing pens at the Bighorn Institute. He reiterated they could not develop only that portion of the property that was beyond 400 yards; a small triangle that was about 9,900 square feet in area, which was entirely within the streambed of Dead Indian Creek. Access to that portion of the property required going through the buffer because of the location of the road. It would be physically impossible to develop entirely outside the buffer unless it built massive amounts of retaining walls, and the value of that property would not justify the expense to develop it. The Cornish of Bighorn was proposing to develop the Tots, finish the pads, sell the lots, and then have someone else purchase the pads and develop the residences themselves. However, the new owners would be subject to all the City's permitting requirements, including the Hillside Ordinance for that portion of property that was within the Hillside Zone. As part of the agreement made with the Canyons at Bighorn, the easement of record would be relinquished in exchange for Canyons of Bighorn granting the Applicant an easement to access the property through their roads, including the easement for the existing road to the property; it was reserved by the Bighorn Development Company, specifically to provide access for this property. The existing road was not the one they were proposing to use because it was too close to the residences. There is an excess of 40 feet of area within which the road could be relocated, which they propose to enlarge to 25 feet and place it where it would provide minimal impact to the existing residents there. The existing residences were developed since the map was originally proposed, so as part of the disclosure by the Canyons of Bighorn, they were required to tell the current owners and residents that those pads at the Cornish at Bighorn property were subject to development. He's spoken to residents who have expressed concerns, and he's assured them that they will address their concerns to the extent that he could, and he would attempt to minimize the impacts. He said construction was a messy process, and the property would require 28,000 cubic yards of dirt, which would be required to construct outside of the lambing season (July 1 through December 31). He noted there would also be air -quality impacts, which would be temporary but couldn't be entirely eliminated. He said the Applicant agreed to have all of the activity done on the opposite side of the residences from the lambing pen, which was a condition imposed as part of the CC&R's for the project; they are also not permitted to have any dogs on the property. They are prepared to use natural 28 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 20, 2008 vegetation and natural terrain as screening devices (berms or walls), in order to minimize the amount of visual impact of the finished residences near the lambing pen. He said the Applicant had agreed to have higher restrictions than what the existing residences at the Canyons at Bighorn had to complied with, because the current owners were allowed to have dogs facing the lambing pens 255 yards away. He offered to answer any questions, and stated he would appreciate an opportunity to respond to any comments or oppositions made to the project. Councilmember Finerty stated 28,000 cubic feet of dirt would be required over a two -month period. She asked how many trucks per day would that equate to. MR. PERRY replied he couldn't give an exact number, but he believed it was about 10-cubic yards of dirt per truck, which his Civil Engineer estimated was 2,800 truckloads over a 60-day period. He noted 7 cubic yards more would be moved around for the Canyons at Bighorn project; there was extensive earth moving out for a number of years, and the people who would be most affected by the amount of truck traffic would be the beneficiaries of the amount of truck traffic that affected their neighbors when their Tots were developed. Councilmember Finerty calculated it would be 46 trucks per day. Mayor Benson declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. MS. RUTH TERAN, 32 Camisa Lane, Palm Desert, CA, stated the Comish of Bighorn was a proposed development of two family homes in an area between the Bighorn Institute and the Canyons of Bighorn. It is noted that a 400-yard buffer zone existed along the lambing pen at the Bighorn except for a small corner; however, the Bighorn Institute had a residential recovery facility located 250 yards from the lambing pen because the sheep need to be supervised and cared for 24 hours a day. She asked that the request be denied because of the stress it could cause to an endangered species, the Bighorn sheep. The Bighorn sheep were large and pleasant animals, but they stressed out immediately with sounds of unfamiliar activities. She said even a two family home with no human activity would be very stressful for the sheep, especially during the lambing season. It would be difficult for families to regulate their lives and activities for the safety of these sheep. The sheep would loose the northeast side of the pen, as the Cornish project would breach the 400-yard buffer. This was the side of the pen, which the majority of land, over 90%, had been bermed. The sheep seek out in isolation of the mother sheep when giving birth. The proposed two homes were to be 29 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 20, 2008 located just 240 yards from the lambing pen, and this distance was arbitrarily decided by the City of Palm Desert and Cornish; the distance of the residence recovery facility was 250 yards from the lambing pen. It took 20 lambing sheep biologist to research the 400-yard buffer, and the Bighorn Institute was designated as a sensitive wildlife area on charts to prevent low -flying aircraft from stressing the sheep. The sheep have eyesight equaled to an 810 powered binocular, so the activities 250 yards away appear very close and cause stress, and it seemed 48 trucks per day to haul 26,000 cubic yards of dirt would cause a lot of noise and activity. She questioned the facts and research made by Planning Commissioners (R. Campbell, S. Campbell, and V. Tanner) who voted for the Cornish at Bighorn based on comments made by them at the September 16`h public hearing meeting as noted in the minutes. She hoped the Council would not be destroying the balance of nature in the desert environment. In the past 50 years there have been much change in the Valley; more residents and visitors, more need for water, more grass and lawn, no roses and no native flowers, and less native plants and native small animals. She said if the Bighorn sheep continued to be stressed, they will seize to exist. Perhaps this was a time to slow down the expansion of homes in the mountains and enjoy the remaining beauty of the desert. She believed all had the privilege and obligation to protect and provide a safe and healthy habitat for the Bighorn sheep. MR. CHARLES HARRIS, 615 Indian Cove, Palm Desert, CA, stated he was representing himself and his neighbor Debra Wolf who lived at 613 Indian Cove. He said their lots were adjacent to the Cornish at Bighorn. He said he was never contacted by the Applicant in any form, and he was not notified of this development prior to purchase of his property. He was open to suggestions on how to mitigate this incredible amount of dirt that would be moved; he calculated it would be about eight trucks per hour. He said it was quite an impact, but not only as neighbors because he was also an environmentalist who cared about the sheep. MR. J. CRAIG WILLIAMS, Attorney and Director of the Bighorn Institute, 100 Bayview Circle, Suite 330, Newport Beach, CA, requested the Council's indulgence for additional time than the three -minute requirement and requested to use the overhead camera. He thought perhaps Mayor Benson and Councilman Kelly might recall seeing him 18 years ago when he was speaking on behalf of the Bighorn Institute while employed as an attorney by the Applicant, Allen Matkins. He was no longer with that law firm, but after the completion of the Altamira project he was asked to serve on the board of the Bighorn Institute, and he's been serving on the Board since. He provided extra copies to the Council of what he would be presenting on the overhead camera. He displayed two photographs, one showing the location of the site with the balloons as presented by Mr. Phil Joy, and the other picture showed 30 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 20, 2008 the view of the two balloons and the height of the roof as visible by the sheep. He noted that although Mr. DeForge wouldn't confirm it scientifically, there were some significant issues with even the presence of the balloons disturbing the sheep. He said the sheep did not belong to the Bighorn Institute, it held a Federal permit from the United States Fish and Wildlife Services to serve as a public custodian of the sheep for the benefit of the City, its residents, and citizens of the State of California and the United States. Contrary to statements made by Mr. Joy, he said they operated the facility well under the Memorandum of Understanding with the California Department of Fish & Game. He said they had equal authority over the sheep because the sheep were listed as a State threaten species and Federally endangered species; different distinctions but still two controlling agencies. He said the Institute was also beholding to the United States Bureau of Land Management (BLM) since they held a patten on the land from them. He said if the Institute seized to use the property for the purposes of preserving Bighorn Sheep, they would lose the land and the responsibility would go back to the Federal Government. He said the Institute was responsible to both the State and Federal Government, the citizens of the State, and the City of Palm Desert. The concern was that the sheep that exist at the Institute would not survive in the wild if they became habituated. Mr. Perry was correct in stating the Institute was formed in 1984, but frankly the Institute was formed in 1984 to study the Peninsular at Bighorn sheep in the desert because it was feared they were disappearing. As a consequence of the conservation efforts undertaken by the Bighorn Institute, which had been wildly successful, the Institute was now the only designated Federal Recovery Center for these endangered species that exist in the entire United States. He's concern it's becoming an experiment with lessening the 400-yard buffer that was agreed to some time ago. He agreed the Bighorn facility was constructed 250 yards away from the pen; however, the point missed was that it's not on the lambing side of the pen, but on the opposite side. The view as illustrated in the photograph with the balloons facing directly toward the Cornish property was where the sheep birth their little Iambs because they can isolate and eliminate any kind of human contact or human habituation; they even isolate from each other when they're giving birth. He said the Institute could breed sheep and sheep zoo's could do it as well, however, no other zoo had been able to successfully release a Bighorn sheep into the wild. The only reason the Bighorn Institute had successfully released sheep into the wild was because the biologist made a careful effort not to habituate the sheep to any human presence. The restrictions placed on the Bighorn Institute for its use, would also apply to the two proposed homes, making them undesirable for purchase; there was virtually no outside activity that occurred, with no animals or noises within the sound or sight of sheep. He knew personally because he had been going there for 18 years, and he's never been close to the pens; he's seen the sheep through a scope. The Institute wasn't open to the 31 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 20, 2008 general public, and access was limited with 24 hour security. He said the sheep displayed flight symptoms when approached by humans. Even during the lambing season the institute biologist would not go into the pens or walk on the berm because it disturbed the sheep. He noted that during the construction at Altamira/Canyons at Bighorn they lost two Iambs and perhaps more. It was difficult to tie that to the construction activity, but from his own observation, the only time they lost Iambs was when construction was occurring. He requested that Council disapprove the EIR, but if approved, he wanted to make two points, which he had already shared with the Council in the form of a letter. One of those points was the statement, "Construction should not occur during the lambing season." He said "should" was not a very definitive word and thought if should read "shall not occur" or "will not occur" as an appropriate restriction to prevent construction from occurring. He said the 29 biologist that were referenced in the presentation talked about how they came up with the 400-yard buffer. There were several words attached to that buffer, and they stated "absolute minimum." He said Mayor Benson or Councilman Kelly may recall there was a preferred alternative of a 600-yard buffer, which was actually the recommended one. He said the Institute was a private non-profit organization, and it supported the litigation out of its own funds which made it difficult to continue in litigation, so they compromised to the "absolute minimum" requirement. The El that was presented before had a buffer up to a mile. In the EIR on page 214 in paragraph 3C, there was a reference that stated, "The effects of the development are significant unmitigable impacts to the captive herd at the Bighom." The science of the biologists that met 18 years ago that recommended the 400-yard buffer to the City, stated that screening was the worse thing that could occur, because the sheep could fear but they couldn't see. It made the sheep more fragile because they couldn't identify what may be a predator, and it increased their flight sequence. The EIR also talked about the Bureau of Land Management land swap, and that process took one to five years. He said if the developer had started that process five years ago, no one would be here today. He said the developer intended to seed some responsibility to the Canyons at Bighorn in terms of the homeowners association, and if that's done, it would violate all agreements made. He believed other options were available, such as a land swap with the Bureau of Land Management, which might be possible. Initially when the study was made, it was not anticipated that in 1998 the sheep would be designated an endangered species by the Federal Government, and it was not anticipated that in 2001 the Institute would be designated as a recovery center. The developer stated they've been here since 1977, and the Institute's been here since 1984, and the Institute was here for a different reason. The success accomplished by the Institute had resulted in the restoration of the sheep and potentially coming off the endangered species list. Approving the EIR this evening could potentially keep the sheep on the endangered species list and possibly have them disappear from the Valley. He asked the Council 32 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 20, 2008 to deny the application, and instruct the developer to come back with an EIR that didn't not have significant unmitigable impacts on the Bighorn Sheep. Responding to question about the house in the picture that was displayed earlier, he said that home was beyond the 400-yard buffer, but he preferred that it not be there. MS. NICOLE PRENDERGAST, La Quinta, CA, stated she was a concerned citizen and was speaking on behalf of the Ecological Club at College of the Desert. She had a letter with signatures from the community who were opposed to the proposed development at Cornish at Bighorn. She supported the Bighorn Institute and was seriously concerned for the environmental impacts and the welfare of the endangered Bighorn sheep. She reiterated some of the same concerns mentioned by the previous speaker Mr. Craig Williams. MS. JOAN TAYLOR, Conservation Chairman of the local Sierra Club a.k.a. the Tahquitz Group from Palm Springs. She said for the past 20 years the local Sierra Club group had worked to ensure the survival recovery of the Peninsular Bighorn sheep. She took the lead and was familiar with the biology of the animal. She said the battle to preserve this magnificent sheep always had two prongs; one prong was the attempt to preserve habitat for the wild sheep, and the second was the research and more importantly the augmentation of the population. The recovery plan for the sheep found that augmentation was one of the patent tools for success. She said it's important not to underestimate the vital nature of maintaining the Bighorn's Institute's ability to breed and raise captive and abandoned sheep, and retain their normal wild instincts. The biologist supported the 600-yard buffer because of the sensitive and keen hearing and eyesight of the sheep, in that their flight response was their main survival tool. She said it was unusual to have the success that the Bighorn Institute has had with the Peninsular Bighorn sheep, because if they are consumed by animals, they do not survive. It must also be recognized the millions of dollars at work done by the Bighorn Institute over the years, otherwise the State and Federal governments would have to do it at taxpayers expense. She believed it was a credit to the Institute that the sheep still existed in the Coachella Valley. She urged the Council to deny the project and only allow development outside the 400-yard buffer. MR. JIM DEFORGE, stated there were a lot of misstatements made by staff that were difficult for him to listen to being that the house was a security quarter and conservation facility. He said the buffer went around the pen and the existing housing was built 12 years after the pen was established. The original buffer was 600-yards, and through legal issues and such, it was reduced to 400 yards. The point he wanted to make was that for over a year 29 biologist met to decide the buffer issue, and it was decided that 400-yards 33 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 20, 2008 would be the absolute minimum. The developer suggested a 375-yard buffer if he planted 55 or 75 foot palm trees as a buffer, but they realized distance was the best mitigation. He said the development at the Canyons at Bighorn had cut down on the herd, but believed the 400-yard buffer had worked. The concern now was that once the integrity of that pen was destroyed, it would create a situation of not having a recovery facility. The uniqueness of the facility is that these animals can survive in the wild, and if they are breed and born and can't survive, there would be no reason to continue. He said in 2002 the San Jacinto Peninsular herd of sheep, which was next to Palm Springs, were down to four female sheep. The United States Fish and Wildlife Services, the United States Fish and Game, and the recovery team, made it a high priority to start releasing animals over there from the Institute, and as a result, they were up to eleven females; during the previous 12 years, they had eight females or less. It's unfortunate there is a development issue from that standpoint, but it was not just a Palm Desert situation, because the animals were important to the whole State and the citizens of the United States. Responding to question about the existing home up on the hill, he said the home hadn't been a problem, but that the sheep knew their freight distance. He said sheep were aware of activities, for instance, since the balloons had been there, they hadn't eaten very well. The sheep were like watch dogs, and they paid a lot of attention to the balloons. He hoped that whatever was decided, that those balloons would be taken down sooner rather than later. He stated he would like the opportunity to respond to any questions raised. Mayor Pro Tem Spiegel agreed the balloons should be taken down right away. MR. PERRY stated he wished to respond to some point made. He said the claim had been made that a group of 29 biologist gathered and concluded that a 400-yard buffer was the absolute minimum required. He said there was a group of 29 biologist, but it was not a consensus. He said he read the documents that indicated there were several recommendations made from having no buffer to a one -mile buffer. He didn't believe there was a firm consensus with respect to a specific distance as a result of that particular exercise. Letters were submitted from Wildlife Biologist Dr. Paul Crossman, who was a professor of the University of Montana, a Bighorn sheep expert. He had reviewed all the documents, the EIR, comments made in response to the EIR relating to the Bighorn sheep, and it was his opinion that the literature did not support the established buffer. There was an issue with the assertion that a 400-yard buffer was essential, because the science didn't support it. In response to comments about the potential land swap, he said he was never approached with the idea of a land swap with the BLM until the application was actually presented at the Planning Commission meeting in September. 34 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 20, 2008 He's worked on this project for six years, and it wasn't until that September Planning Commission meeting that the BLM mentioned it. Subsequent to that meeting, Mr. Williams offered to arrange a meeting to take place if the Applicant was interested in a BLM land swap. He responded to the offer within that week, and today Mr. Williams again mentioned that a land swap could be done. He didn't think the BLM land swap was not a real option; however, the BLM had to approach the Applicant to discuss it. He said the U.S. Fish and Wildlife Services (FWS) offered to buy the property and the Applicant had agreed, but then the FWS responded the process could take nine months, which would delay the entitlement process. The Applicant was not prepared to stop this process, which they've invested six years, unless there were assurances. While options had been discussed, no one had presented a real option with respect to a land swap or purchase of property. In response to Mr. Harris' comment that he was not notified, he apologized and stated he was not aware he had concerns about the project until this evening. He said he had reached out to Mr. George Broughton who owned the house that's been mentioned from the photograph, and he's had a conversation with him and his neighbor Mr. Richard Thompson who did submit letters in response to the EIR. Finally, in response to the request made by a previous speaker that the Application be denied unless it had an EIR that stated there would be no significant mitigable impacts, he said it wasn't possible with this particular property based on the assumptions that were included in the EIR. He said Mr. Joy stated that many of the impacts were identified on the basis of caution, because there was no scientific evidence to establish that a 400-yard buffer was required. He said it was not possible to develop this property without it being within the buffer. If the property couldn't be developed in the way that the Applicant was proposing in order to make the project viable, it would represent regulatory taking, and it will have to go to litigation over that issue. He said they were hoping to avoid it, and they've done everything possible to respect the right of the neighbors, the people at the Canyons at Bighorn, and the Bighorn Institute. He said they recognized the benefits provided by Bighorn Institute and supported their efforts, but with all due respect, the Bighorn Institute was not in a position to be able to tell the owner of another property that they couldn't develop their property simply because the Bighom Institute moved in and established itself in proximity to that property. He said if the Bighorn Institute had a problem with the development of this property, it could relocate. He said the Institute could also construct improvements on its property that would screen visual impacts on the Cornish property. The Applicant was prepared to discuss and participate in any types of effort that would resolve some of the concerns. With respect to the dirt, they had a mitigation measure, which stated they would reduce the amount of dirt coming in to the extent that it could in the grading phase. This particular project was a tentative tract map, it was not a final grading plan. The final grading plan will have to go back to 35 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 20, 2008 the City for review and approval, which were subject to mitigation measures. He stated they were also prepared to agree to change the word "shall" instead of "should" to the statement about construction outside the lambing season. He offered to answer questions, and asked the Council to follow the recommendation of staff and the Planning Commission to approve this project. With no further testimony offered, Mayor Benson declared the public hearing closed. Councilmember Finerty stated she had been following this project for several years since serving on the Planning Commission. She said the bottom line was that the significant adverse impact to the lambing pen could not be mitigated; many have tried and were unsuccessful. She stated that while there may be some differences of opinion, 400- to 600 yards, with 400-yard buffer being the minimum, was the best number the City had to go on. She saw the ravine that would be made into a road to get to the two pads, and thought it was unbelievable how much dirt would be needed. When considering having 46 trucks a day over a two -month period, she thought there was something fundamentally wrong with building houses that required that much dirt to be moved. She encouraged the Applicant and the BLM to consider the land swap to see if something could be worked out. It's unfortunate, according to Mr. Perry, that this option wasn't brought up until the Planning Commission meeting, but if that was a possible solution now, she would encourage that process to be followed. Mayor Pro Tem Spiegel stated he didn't like the threat of a lawsuit and didn't think it was very nice for a developer to bring that forward. He understood the value of the Bighorn Institute, and that the City was proud of its accomplishments. He went up to the Bighorn Institute and was told there were 60 sheep running around the hills that were in the berm at the Bighorn Institute that wouldn't be there if it hadn't been for the lambing pens. He said the Sierra Club, the BLM, the Fish & Game, and the Bighorn Institute all do not want the homes to be built. He understood there was money involved and there was land there, but there had to be a way to resolve it. He said maybe having the land appraised to see what it was worth and doing a land swap was the answer. Otherwise the real problem was bringing in 28,000 cubic yards of dirt, but he was not in volition to vote for the project this evening. Councilman Kelly stated the issue was really the 400-yard buffer the City agreed to months before. He recalled when it was reduced from 600 to 400, which was a big concession. In addition to all the other things that have been brought up by fellow Councilmembers, there was no way the 400-yard buffer could be mitigated, especially when you considered the headlights from vehicles coming in. He thought if a land swap could be negotiated that would 36 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 20, 2008 be fine, because he couldn't see how the Council could possibly approve houses at that location. Mayor Benson agreed with all the comments made by fellow Councilmembers. Having fought this battle before to get the 400-yard buffer, she didn't think they would have to go through it again because she thought it had finally been settled. She said she could not support the project in its current configuration. Councilmember Finerty moved to, by Minute Motion to deny the project. Mr. Erwin suggested continuing this matter until the Applicant had some time to explore other alternatives such as the land swap. Councilmember Kelly stated he didn't think that would solve the problem of whether to build at that location because it would be denied. Mayor Benson agreed and stated the Applicant could still pursue a land swap. Responding to question, Mr. Erwin replied he made the suggestion just to see if a land swap was possible, because if the project was denied, the City was potentially opening itself up to an inverse condemnation. Further responding, he said he had no idea how long it would take for the BLM to make a land swap. He said if Council made a decision this evening, he asked that staff be given an opportunity to prepare the appropriate resolution to deny. Mayor Pro Tem Spiegel moved to, by Minute Motion to continue the matter to the meeting of December 11, 2008, in order for staff to prepare a Resolution of Denial for the project. Mayor Pro Tem Spiegel stated that in the meantime, some of the people that spoke this evening could talk about what could be done to get the BLM to do something. Councilman Kelly agreed something could be done in the meantime, but that the Council wasn't trying to fool anyone that it would approve building two houses within the 400-yard buffer. Councilmember Finerty seconded the motion, and it carried by a 4-0 vote, with Ferguson ABSENT. PLEASE NOTE: Please see subsequent action taken on this item at the continuation meeting on November 24, 2008. 37 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 20, 2008 C. ANNUAL REPORT OF CALCULATION OF GOVERNMENT CODE 66006, DEVELOPMENT IMPACT FEES FOR THE CITY OF PALM DESERT. Mr. Ortega noted the City was required to provide a report with information regarding the types of fees that had been collected and what was being done with them. He noted staff was available to answer questions. Mayor Benson declared the public hearing open and invited public testimony on the subject report. With no testimony offered, she declared the public hearing closed. Councilmember Finerty moved to waive further reading and adopt Resolution No. 08-104, making certain findings pursuant to California Government Code Section 66001 and 66006. Motion was seconded by Spiegel and carried by a 3-0 vote, with Ferguson and Kelly ABSENT. D. REQUEST FOR ACCEPTANCE OF THE 2008/09 CAL COPS (SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDING/SLESF) GRANT AWARD IN THE AMOUNT OF APPROXIMATELY $100,000. Mayor Benson declared the public hearing open and invited public testimony in FAVOR of or OPPOSING this matter. With no testimony offered, she declared the public hearing closed. Councilmember Finerty moved to, by Minute Motion, accept the Cal COPS (Supplemental Law Enforcement Services Funding/SLESF) Grant Award of approximately $100,000 to be used to cover the cost for the 2008 Holiday Theft Suppression Program and acquisition of necessary equipment to support front-line law enforcement services. Motion was seconded by Spiegel and carried by a 3-0 vote, with Ferguson and Kelly ABSENT. XVIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None 38 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING C. CITY CLERK NOVEMBER 20, 2008 1. Reminder of Upcoming Meetings and Study Sessions. a) University Planning Committee Meeting/Special City Council Meeting Tuesday, November 25, 2008, 3:00 p.m. at the Palm Desert Health Sciences Building of California State University, San Bernardino - Palm Desert Campus. b) City Council Study Session on the Aquatic/Community Recreation Facility, Thursday, December 11, 2008, 2:00 p.m., Administrative Conference Room. City Councilmembers acknowledged the reminders. 2. Request to Schedule Joint Study Session of the City Council and Planning Commission Regarding the Westfield Expansion Project. Mayor Benson stated it would be best to take the item up during the November 24, 2008 adjourned Regular City Council meeting when Councilman Ferguson was present to establish a date and have the Secretary to the City Council Wilma Michelson coordinate it. D. PUBLIC SAFETY o Fire Department None o Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. CPR / AED Training - Councilmember Finerty remarked that she recently participated in the CPR/AED Training put on by the Weil Institute. She noted that there were three AEDs on site at City Hall and asked to be informed of their locations. 39 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 20, 2008 2. F.I.N.D. Collection Boxes — Mayor Pro Tem Spiegel said he read in today's newspaper that the City Halls at Cathedral City and Indian Wells would be hosting food collection containers for F.I.N.D. (Food In Need of Distribution) where people may contribute during the upcoming holidays. He asked staff to inquire about getting a container for Palm Desert City Hall and hoped the newspaper would announce that it would be another location for people to drop off their donations. 3. Tilted Kilt (formerly South Beach) — Councilman Kelly noted he had seen numerous newspaper reports recently about the establishment coming into the location formerly known as South Beach. He was concerned about the matter and asked if its operators had come to the City to apply for a permit. If so, or if they would be in the future, he asked staff to use all necessary diligence in the processing. Ms. Aylaian responded that staff was watching carefully. She confirmed that Tilted Kilt has applied for a permit, but the drawings and permit do not indicate any type of outdoor stage or outdoor entertainment. Additionally, Code Compliance Officers were monitoring the location on a regular basis to ensure that all activities were in compliance with the permit. Further, she said they had not yet applied for an Entertainment Permit. Councilman Kelly emphasized with all the difficulties experienced at that location, it was imperative the City Manager be involved before any permits were issued. Ms. Aylaian provided assurance that all City Departments were put on heightened alert —including Business Licensing, Planning, and Building & Safety. o City Council Committee Reports: 1. Art In Public Places' El Paseo Exhibition 2009-2010 — Mayor Benson offered that the El Paseo Exhibition Unveiling held at The Gardens On El Paseo, in conjunction with the opening night of the 2008 Art of Food & Wine Festival, was probably the best one ever held. She said the courtyard at The Gardens was full of people, with 10 of the artists, who are displaying their work in the new Exhibition, in attendance and each providing 40 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 20, 2008 remarks about their pieces. She was very rewarded to see how the community received the event, and she thanked staff for a job well done. She went on to commend staff for the great job done on the Art of Food & Wine Festival after a long year and a lot of hard work putting it together, but rave reviews in the newspaper were evidence of its success. She looked forward to an even better Festival next year. o City Council Comments: 1. Riverside County Sheriff's Department K-9 Trials — Councilmember Finerty reported that she went to Temecula last weekend and watched Van Snapp compete. She said he performed exemplarily, and it was a great experience. 2. Veteran's Day — Councilman Kelly thanked his colleagues for participating in the Veteran's Day Celebration on November 11. He thought it was spectacular, best one yet, with a tremendous turnout, and Mr. Ortega gave a terrific address there. He thanked Pat Scully for organizing the event and David Hermann for executing it that day. XIX. ADJOURNMENT Upon a motion by Spiegel, second by Finerty, and unanimous vote of the City Council, Mayor Benson recessed the meeting at 6:40 p.m. to Monday, November 24, 2008, at 8:00 a.m. for a continued Closed Session and for continued discussion of Section XV - Continued Business Item B (Indian Springs) and for Section XVI - Old Business Item D (Wells Fargo). ATTEST: RA HELL D. KLASSEN; CITY CLERK" CITY OF PALM DESERT, CALIFORNIA M. BEN N, MAYOR 41