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HomeMy WebLinkAbout1987-01-22MINUTES ADJOURNED/REGULAR MEETING OF THE PALM DESERT CITY COUNCIL THURSDAY, JANUARY 22, 1987 CIVIC CENTER COUNCIL CHAMBER • • • • • • • • • • • • • • • • • ■ • • • • • • • I. CALL TO ORDER Mayor Kelly convened the meeting at 4:30 p.m. II. PLEDGE OF ALLEGIANCE - Councilman Buford Crites INVOCATION - Councilman S. Roy Wilson IV. ROLL CALL Present: Mayor Pro-Tem Jean M. Benson Councilman Buford Crites Councilman Walter H. Snyder Councilman S. Roy Wilson Mayor Richard S. Kelly Also Present: Bruce A. Altman, City Manager Carlos L. Ortega, Assistant City Manager Douglas Phillips, Deputy City Attorney Sheila R. Gilligan, City Clerk/Secretary Ramon A. Diaz, Director of Community Services Richard J. Folkers, Director of Public Works Kirby J. Warner, Director of General Services V. CONSENT CALENDAR A. MINUTES of the Special Meeting of December 30, 1986, and of the Adjourned/Regular City Council Meeting of January 8, 1987. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Check Registers Dated 12/26/86 and 1/02/87. Rec: Approve as presented. MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 1987 C. CLAIM NO. 037 AGAINST THE CITY by Southern California Edison Company in the Amount of $12,498.56. Rec: Deny the Claim, refer it to the Coachella Valley Water District, and instruct the City Clerk to so advise the Claimant. D. RESOLUTION NO. 87-5 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND AUTHORIZING THE DESTRUCTION OF FILES FROM THE DEPARTMENT OF BUILDING AND SAFETY THAT HAVE BEEN MICROFILMED. Rec: Waive further reading and adopt. E: MINUTES of the Building Board of Appeals 8 Condemnation Meeting of December 11, 1987. Rec: Receive and file. F. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS for the Undergrounding of Electrical Utility Lines (Contract No. 00-187, Project No. 627-87). Rec: 1. Authorize the City Clerk to advertise and call for bids for the construction of electric power 1 Ines underground substructures associated with State Highway 111 FAU Widening Project 627-87. 2. Authorize the City of Palm Desert to administer the contract on the substructure construction. 3. Appropriate the funds from the Redevelop- ment project account. G. REQUEST FOR FINAL APPROVAL of Tract Map 21698, Marriott's Desert Springs Development Corporation, Applicant. Rec: Waive further reading and adopt Resolution No. 87-6, approving Tract Map 21698. 2 J MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 1987 • • • • • a • a a • • • • • • • • • • • • • • • • H. REQUEST FOR FINAL APPROVAL of Tract Map 22042, Gregory Lahey, Applicant. Rec: Waive further reading and adopt Resolution No. 87-7, approving Tract Map 22042. I. REQUEST FOR APPROPRIATION to Reimburse Mobilehome Owners' Registration Fund for Payment of J. K. Moran Bill. Rec: By Minute Motion, authorize the payment of J. K. Moran's bill in the amount of $2,237.75 to be paid from Account #110-4121-3015, said action to include authorization to transfer the amount of $1,118.68 from Account #110-4121-3015 to Trust Account #610-2275 (Mobilehome Owners' Registration Fund). J. REQUEST FOR APPROPRIATION of Funds for Annexation Filing Fees. Rec: By Minute Motion, appropriate the amount of $1,000 to Account #110-4111-3640 - Filing Fees. K. REQUEST FOR APPROVAL of Contract No. 00-188 for Engineering Services for Widening of Country Club Drive on the North Side Between Portola Avenue and Cook Street. Rec: By Minute Motion, authorize the Mayor to enter into Contract No. 00-188 with Joseph Cicchini for the subject project in an amount not to exceed $12,000. L. RESOLUTION NO. 87-9 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SUSPENDING THE OPERATION OF RESOLUTION NO. 84-29 WHILE STATE SCHOOL FEE PROGRAM IS IN EFFECT. Rec: Waive further reading and adopt. M. CONSIDERATION OF MEMBERSHIP ON THE RENT REVIEW COMMISSION. Rec: By Minute Motion, direct the City Clerk to schedule interviews with each Rent Review Commissioner and appoint a subcommittee to make a recommendation on applicants to be interviewed for any future appointments. • 3 1! MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 1987 • • • • • • • • • a • • • • • • it • • • • • • • • N. FISCAL YEAR-END REPORT of the Palm Desert Redevelopment Agency. Rec: Receive and file. 0. CONSIDERATION OF A REQUEST from Riverside County Supervisor Melba Dunlap to Join the Southern California Water Committee. Rec: By Minute Motion, approve the request and authorize payment of the $750 membership fee. P. REQUEST FOR APPROVAL OF SUPPLEMENTAL AGREEMENT TO CONTRACT NO. 00-189 FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEARS 1985-86 AND 1986-87. Rec: 8y Minute Motion, authorize the Mayor to execute the Supplemental Agreement to Contract No. 00-189. Mr. Altman requested that Item F be removed from the Consent Calendar for separate discussion and action under Section IX, Consent Items Held Over, of the Agenda. Councilmember Benson requested that Item I be removed, and Councilman Crites asked that Item 0 also be removed. Upon motion by Crites, second by Benson, and unanimous vote of the Council, the Consent Calendar, with the exception of Items F. 1, and 0, was approved as presented. VI. ORAL COMMUNICATIONS - A MR. JOE MAZZARELLI, 43-590 Vanda Circle, Palm Desert, addressed the Council relative to obtaining approval to erect a 42 foot radio antenna at his residence. Mr. Phillips stated that in order for the Council to take action on an item which was not on the Agenda, it would need to make a specific finding that immediate action was necessary. He stated that the applicant wished to install a radio antenna in an R-1 zone for emergency use during disasters, and the Council's policy was that anything exceeding 18 feet in height In residential zones would require Council approval. He said this could be considered something of an emergency because the antenna potentially could be used in the event of a disaster. He stated that the Council could either defer action until the 4 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 1987 a • • 4 • • • • a • • a • • • a • • • • • a • a • next Council meeting or, if the Council wished to review the matter at this time and hear from the applicant, it could do so under Government Code Section 54954.2(b2) because the item arose after the Agenda was posted. Mr. Altman stated that Mr. Mazzarelli was a member of a network of amateur radio operators who get involved in emergency situations like the Mexico City earthquake. He added that, if approved, staff would work with the applicant to make sure it was properly constructed. Upon question by Councilman Wilson, Mr. Mazzarelli stated that he would like to have the equipment functioning as soon as possible because it is impossible to predict when an emergency situation will arise. He stated that he had checked with neighbors and no objections were raised. Councilman Snyder stated that he felt a radio tower of this magnitude should not be built in a residential area. He said he would feel more comfortable having a staff report which would assure that this height would be proper. Councilmember Benson concurred with Councilman Snyder's statements. Councilman Wilson stated that the intention of the amendment to the Brown Act was to assure that action is not taken on matters without proper notification, and this is an issue which would affect the applicant's neighborhood. Mr. Phillips advised the Council not to take any action at this time and refer the matter to staff, to be brought back at the next meeting. Mayor Kelly stated that he would rather have a public hearing scheduled so that anyone who wished would have an opportunity to address the issue. Councilman Crites moved to direct staff to schedule a public hearing for the Council meeting of February 12, 1987. Motion was seconded by Benson and carried by unanimous vote of the Council. MR. KEITH BRYAN, 80-734 Columbia Avenue, Indio, addressed the Council and asked that he be allowed to speak when Council considered Item B under New Business. 5 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 1987 VII. RESOLUTIONS None VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 495 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING CHAPTER 5.80 OF TITLE 5 OF THE CODE OF THE CITY OF PALM DESERT AND ENACTING A NEW CHAPTER 5.80 PERTAINING TO CHARITABLE SOLICITATIONS. Mr. Altman stated that the Deputy City Attorney had recommended this change and that there was a memo in the packets explaining it. Councilman Crites moved to waive further reading and pass Ordinance No. 495 to second reading. Motion was seconded by Benson and carried by unanimous vote of the Council. B. ORDINANCE NO. 496 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 5.86.020(M) AND 5.86.090(1) OF THE CODE OF THE CITY OF PALM DESERT RELATING TO MASSAGE ESTABLISHMENT, BATHHOUSE, ESCORT BUREAU, AND INTRODUCTORY SERVICE. Mr. Altman stated that this amendment would reduce the required number of training hours from 1000 to 500 for all establishments. He added that Lt. Jake Bowser had indicated that the Sheriff's Department was in agreement with the reduction. MS. JANET DENYER, Executive Spa Director at Marriott's Desert Springs Resort, stated that she felt even 500 hours required training would limit their ability to find quality, dedicated massage technicians for their facility. She added that her research indicated the norm for the State of California was 200 hours of training and that the Marriott's competition, La Costa in Carlsbad, only required a business license for its massage technicians. MR. ERIC BURKHOLTER, 45-400 Larkspur, Palm Desert, stated that he was a holistic therapist and that performing massage was a part of his profession. He suggested that the City of Palm Desert do the same as the City of Palm 6 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 1987 * * • * • • • • • • • • * • • • • • • • • * • • • Springs and require 500 hours training for out call or freelance massage, with a lesser amount required for people who work in an establishment. He added that Palm Springs had also enacted an ordinance stating they would accept membership in the California Massage Therapy Association (CMTA) in lieu of 500 hours training. MR. BILL FORD, 1632 Andee Drive, Palm Springs, stated he was a registered massage therapist and President of the CMTA. He said he did not have the 500 hours required in one resident course but did have 1000 hours of separate school training. He was also one of 120 members of the Sports Massage Team and was supervisor of the U.S.C. Olympic Massage Therapy staff. He stated that the American Massage Therapy Association (AMTA) had 500 hour schools and that the City of Santa Monica accepted AMTA or equivalent certification as a sufficient amount of training for licensing. Mr. Phillips stated that he was concerned with making a distinction between those who practice massage within an establishment and those who do not and added that he did not think he could make a legal distinction between the two. Upon question, Mr. Allen stated that the California Education Code only recognized California schools for training. Mr. Altman stated that the General Manager of the Marriott had requested that the change to 500 hours be made and that this was something they could live with. He said a problem with continuing this item was that the Marriott was scheduled to open shortly and would not be able to open the spa. MR. ALEXANDER PAVULAK, Pittsburg, Pennsylvania, stated he would not be allowed to work at the Marriott since he did not have a certificate from a California school and felt a certificate from the CMTA or AMTA should be considered sufficient training. He added that the AMTA provided professional liability insurance of $1,000,000 as part of membership. 7 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Crites moved to: 1) Waive further reading and pass Ordinance No. 496 to second reading, reducing the number of required training hours to 500; and 2) Instruct staff to look at the California State Code that says only California schools will be accepted and also to look at the possibility of allowing an examination by the CMTA or AMTA as the equivalent of California schools training. Motion was seconded by Wilson and carried by unanimous vote of the Council. C. ORDINANCE NO. 497 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 9.24.060(H) OF CHAPTER 9,24, KNOWN AS THE NOISE CONTROL ORDINANCE, AND ADDING A NEW SECTION 9.24.065 REGULATING MOTORIZED LEAF BLOWERS BY LIMITING THE TIME OF USAGE. Mr. Frank Allen, Code Compliance Director, reviewed the staff reports dated October 28, 1986, November 25, 1986, and January 7, 1987. MR. ROBERT WHITINGKIND, Universal Sweeping, 871 East Hamilton Avenue, stated he felt the ordinance was too restrictive because this service needs to be performed at night in commercial areas of the City. Council Comments: Crites: This is a very real problem. Interested in seeing what the Council feels the impact would be on the commercial area of the City. Wilson: interested In Mr. Allen's comments as to whether or not this ordinance is needed and if it would create another law that would be unenforceable. Law on the books now does provide wider margin of hours but still allows people to sleep. Benson: Agreed with Councilman Wilson. City has not been overburdened with requests. Snvder: Agreed with Mr. Allen. This ordinance is not what we were looking for when we were trying to regulate leaf blowers. Councilman Snyder moved that Ordinance No. 497 be DROPPED from consideration by the Council. Motion was seconded by Benson and carried by unanimous vote of the Council. 8 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • For Adoption: A. ORDINANCE NO. 492 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 1 5. 1 6 OF THE CODE OF THE CITY OF PALM DESERT RELATING TO THE UNIFORM FIRE CODE AND ITS MAXIMUM BUILDING HEIGHTS. Mr. Altman reported there were no changes to this ordinance since first reading and recommended adoption. Upon motion by Crites, second by Benson, Ordinance No. 492 was adopted by unanimous vote of the Council. B. ORDINANCE NO. 469 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107 OF THE PALM DESERT ZONING MAP BY CHANGING THE ZONE FROM R-1 TO P/C (4) S.P. FOR APPROXIMATELY .76 ACRES AT THE NORTHWEST CORNER OF FRED WARING DRIVE AND JOSHUA ROAD. CASE NO. D/Z 84-15. Mr. Altman reported there had been no changes since introduction of this ordinance and recommended its adoption. Upon motion by Crites, second by Benson, Ordinance No. 469 was adopted by unanimous vote of the Council. IX. CONSENT ITEMS HELD OVER F. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS for the Undergrounding of Electrical Utility Lines (Contract No. 00-187, Project No. 627-87). Mr. Altman asked that this item be held until the February 12, 1987, meeting. Upon motion by Wilson, second by Snyder, and unanimous vote of the Council, Item F of the Consent Calendar was continued to the meeting of February 12, 1987. 9 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING • • • a a a a • • • • • • • • a • • JANUARY 22, 1987 • • • • • • • 1. REQUEST FOR APPROPRIATION to Reimburse Mobilehome Owners' Registration Fund for Payment of J. K. Moran Bill. Councilman Wilson moved to, by Minute Motion, authorize the payment of J. K. Moran's bill in the amount of $2,237.75 to be paid from Account ##110-4121-3015, said action to include authorization to transfer the amount of $1,118.88 from Account ##110-4121-3015 to Trust Account #610-2275 (Mobilehome Owners' Registration Fund). Motion was seconded by Benson and carried by unanimous vote of the Council. Councilman Wilson moved to instruct staff to schedule a closed session for the February 12, 1987, meeting to discuss a legal matter with City Attorney, David J. Erwin. Motion was seconded by Benson and carried by unanimous vote of the Council. 0. CONSIDERATION OF A REQUEST from Riverside County Supervisor Melba Dunlap to Join the Southern California Water Committee. Councilman Crites asked that this Item be continued to the meeting of February 12, 1987, so that the Council or — might receive additional information as to what the Water Committee is and what it intends to do. Upon motion by Crites, second by Wilson, and unanimous vote of the Council, Item 0 of the Consent Calendar was continued to the meeting of February 12, 1987. X. NEW BUSINESS A. CONSIDERATION OF AN APPEAL OF AN ARCHITECTURAL REVIEW COMMISSION DECISION DENYING A REQUEST TO APPROVE A CANVAS AWNING WITH SIGNAGE WHICH WAS INSTALLED WITHOUT BENEFIT OF A PERMIT AT 73-405 EL PASEO, COUNTESS VON HUELLESSEM, APPELLANT. Mr. Diaz reviewed the staff report in detail, noting staff's recommendation that the Council reaffirm the Architectural Review Commission decision to deny the awning. COUNTESS VON HUELLESSEM, 73-405 El Paseo, spoke as the appellant. She stated she did not know a permit had not been obtained and that she would be happy to pay for one. She said she had understood that the dropped canvas awning had been approved and did not know what she was supposed to do now. 10 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 1987 s * s s a s w s • * a s s it a • s r s * s it i a * MR. MARK BEATTY, 73-280 El Paseo, spoke as the owner of an awning company and stated that he had been present during the two meetings of the Architectural Review Commission when this matter was discussed, and he felt the Commission had been very specific as to what had been approved. He stated the awning had been installed without Building Department approval, without a building permit, and without landlord permission. He added that his company had worked with the Architectural Review Commission in establishing guidelines for these awnings and that he felt most of the problems were occurring because of businesses which were not following the guidelines. Countess Von Huellessem stated that they felt the yellow with brown sign was needed because the old sign was blending too much into the exterior of the building. She added that she had spoken with the landlord, who indicated that City approval was okay with her. Council Questions: Kelly: Does the Architectural Review Commission have any kind of guidelines for color? Mr. Diaz responded that each awning is looked at on an individual basis and that there is an attempt to have the color compatible with surrounding buildings. Council Comments: Wilson: Perhaps a video presentation could be prepared showing what had been approved and what was there at this time. Mr. Diaz stated he would be able to get this information, but not until the February 12, 1987, meeting. Crites: Thanked Mr. Beatty for policing his business and requesting standards to be used by everyone. We should continue to see if we can reach an accord between the City and the applicant, with particular directions given to the applicant through the Architectural Review Commission. Councilman Crites moved to continue this item to the meeting of February 12, 1987. Motion was seconded by Benson and carried by unanimous vote of the Council. 11 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • B. CONSIDERATION OF A REQUEST BY KEITH BRYAN FOR APPROVAL OF CONSTRUCTION OF A GARAGE ROOF SUNDECK AT HIS RESIDENCE AT 72-820 WHITE DRIVE. CASE NO. 970-SF. Mr. Diaz reviewed the staff report dated January 22, 1987, and asked for Council direction. MR. KEITH BRYAN, 80-734 Columbia Avenue, Indio, spoke as the applicant and reviewed his letter dated January 12, 1987 (on file and of record in the City Clerk's office). He said he would be permitted to use a ladder to go up to the roof of his home, but if he wanted a nice set of stairs, it would not be allowed. He said he had checked with the only neighbor that this could intrude upon, and the neighbor had indicated it would be no problem. Council Questions: Crites: If the request is approved, what does it mean for the future? Do you see that as a potential problem? Mr. Diaz responded that ft would mean other people would have the right to build sundecks on top of their homes. The only problem would be concerns.about privacy. Council Comments: Benson: There is the potential that sundecks being constructed could turn into a second story. Crites: Would be fearful of setting a precedent that says it is okay to build sundecks on top of homes. Snyder: If the Council considers this matter, it should be considered as a variance only. Mr. Phillips suggested that a CUP might be a way to approve the request without setting a precedent. Mr. Diaz staff would notify everyone within 300 feet of the property so that anyone who might be impacted would have an opportunity to voice their concerns to the Council. He added that staff would also prepare the appropriate amendments to the zonfng ordinance relative to sundecks to bring to the Council at the public hearing. 12 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 1987 a a a a a a • • it a • • a a a • a • a • • • • • • Kelly: We should be very careful in making a decision to grant a CUP that we decide whether or not sundecks would be considered a second story. Mr. Phillips stated those conditions could be incorporated into the amendment. Councilman Wilson asked Mr. Bryan what his time table was and how this delay would affect him. He responded that he was not going to build for a month or so anyway. Councilman Crites moved to instruct staff to prepare appro- priate amendments to the zoning ordinance with specific guidelines for granting CUPs to allow sundecks in R-1 zones, said amendments to be brought back to the Council at its meeting of February 12, 1987. Motion was seconded by Wilson and carried by unanimous vote of the Council. C. CONSIDERATION OF A REQUEST BY JAMES T. PEARCE FOR QUARTERLY REPORTING OF TRANSIENT OCCUPANCY TAX. Mr. Altman stated there was a memo in the packets from the City Clerk recommending continuance of this item to the meeting of February 12, 1987. Upon motion by Snyder, second by Benson, and unanimous vote of the Council, this item was continued to the meeting of February 12, 1987. D. CONSIDERATION OF CITY'S PARTICIPATION IN THE COACHELLA VALLEY SENIOR ASSIST PROGRAM. Mr. Ortega reviewed the staff report dated January 22, 1987, noting that the City had been asked to become a voting member because it had a senior center. He stated the cost would be $600 per year, and the City would be able to help determine policy. He added that this would not be part of the City's contribution to the seniors. Council Comments/Questions: Kelly: Not just a matter of becoming a voting member, but would be very beneficial in assisting with the seniors in the City. Benson: Would there be a Councllmember or staff person for this program? Mayor Kelly responded that the Council could appoint anyone it wanted to represent the City, or the Council could select an organization In the City 13 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 1987 • • • • • • • • • • . • • • • • • • • • • • • • • • which did not have the means to be a voting member but which was we l l qualified and works with these types of services to be the City's representative. Councilman Crites moved to approve the City's participation in the Coachella Valley Senior Assist Program. Motion was seconded by Benson and carried by unanimous vote of the Council. At this point in the meeting, Councilman Crites moved to suspend the Agenda and consider Item E of New Business after 7:00 p.m., with Item F of New Business and Item A of Continued Business to be considered prior to adjournment for dinner. Motion was seconded by Benson and carried by unanimous vote of the Council. E. REQUEST FOR APPROVAL OF REIMBURSEMENT AGREEMENT WITH MARRIOTT CORPORATION RELATING TO DRAINAGE FEES. Mr. Altman reviewed the staff report dated January 22, 1987. Councilman Wilson moved to, by Minute Motion, modify the original requirements and approve a surety bond in the amount of $800,000 for drainage fees. Motion was seconded by Benson and carried by . unanimous vote of the Council. F. CONSIDERATION OF AN APPEAL OF DIRECTOR OF COMMUNITY DEVELOPMENT'S INTERPRETATION OF HOTEL ROOM SIZE LIMITS PRESCRIBED BY ORDINANCE NO. 459. TRAVELERS INNS, APPELLANT. Mr. Diaz reviewed the staff report, noting that the applicant had indicated he had received approval for rooms that were 355 feet clear, when the minimum size required by the City was actually 375 feet clear. He reviewed the recommendation and offered to answer any questions. MR. JACK CAMPBELL, President of Travelers Inns, 9191 Florence Avenue, Downey, California, addressed the Council and reviewed his letter dated December 8, 1986 (on file and of record In the City Clerk's office). He stated he was appealing *staff's application of Ordinance No. 459 and specifically the 375 square feet of clear space requirement. He said although Planning Commission approval of August 1, 1985, was for room size of 375 square feet, the word "clear" was never mentioned. He said he understood that Ordinance No. 459 was not adopted 14 a 7 I J MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 1987 * a * * • a • • • a • • * • • • • a • • * * * • • until March, 1986, which was long after their precise plan had been approved in October, 1985. He was concerned that he would have to go through the entire approval process again, which would delay the project a whole year. He asked that the Council waive the requirement for 375 feet of clear space and stated he did not feel it would set a precedent. MR. DAN BAKER, 2701 E. Chapman Avenue, Suite 210, Fullerton, spoke as Vice President and Corporate Officer of Travelers Inns. He stated that the word "clear" was never mentioned in the meetings of the 2000 Committee, Planning Commission or with staff. He said they would never have intentionally gone ahead with the plans that were submitted if they had known of the 375 clear space requirement. He said the center line of the rooms were actually 382 square feet from interior wall to interior wall. If the six square foot notch for the door was taken out, the room would be 376 square feet. He said they had worked diligently with staff to create a project which would be an asset to the City and asked for Council's help. Council Questions: Kelly: What are the dimensions of the rooms at the Embassy Suites Hotel? Diaz responded that they were above the required 375 square feet clear. Crites: Is there any documentation that would guarantee that the applicant was aware of the 375 square feet "clear"? Mr. Diaz said there was none but that he believed the applicant had been dealing in good faith. Wilson: When the Planning Commission approved the project on October 1, 1985, was a copy of the complete staff report sent to the applicant, including a copy of the July, 1985, letter from the Commercial Subcommittee? Mr. Diaz responded that he would need time to research the minutes of that meeting. Council Comments: Crites: Did not remember whether or not the word "clear" was mentioned during Planning Commission meetings when he was a Commissioner. However, did remember the Commission requiring the protect to meet recommendations of the 15 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING • • • • • • • • • • • • • V • • • • JANUARY 22, 1987 • • • • • • • • Commercial Subcommittee of the 2000 Committee, and its standards very clearly used that word. Did not find any malice on the part of the applicant but had assumed the approval included the words "375 square feet clear". Also concerned about restaurant and air conditioning on the outside of the hotel. Benson: Agreed with Crites. Felt it was always under- stood to be 375 feet of "clear" space, and the room sizes as submitted by the developer should be changed. Did not see how losing six units to conform with the City's ordinance would create a hardship for the developer. Wilson: Concerned with the situation, but Council needs to look at it from the standpoint of what changing the room sizes would do to the project at this point in time. Snyder: Agreed with Crites that the approval did include the word "clear" as indicated In the letter from the 2000 Committee dated July, 1985. Kelly: Felt the applicant dealt in good faith and tried to do what was required by the 2000 Committee. It makes sense to grant the request, since the ordinance requiring the clear space was not in effect at the time of approval of this project. It is not a matter of setting a precedent since the ordinance is In effect now. MR. SANDY BAUM, 45-800 Deep Canyon Road, spoke as a representative of the Commercial Subcommittee of the 2000 Committee and stated it appeared the applicant had been acting in good faith. MR. JACK CAMPBELL stated that the July, 1985, letter was not received by his firm at any time he was aware of. He said they would have changed their plans to comply, even at the loss of six rooms, but they did not know of that letter. Crites: The Commercial Subcommittee did not note the difference on the plans, staff examined the plans and did not notice, and the Planning Commission also did not. Those three bodies are charged with making sure the plans comply. We may have made an error. 16 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Wilson moved to continue this item until after 7:00 p.m. to give staff time to research additional information relative to the letters of October 1, 1985, and July 31, 1985. Motion was seconded by Benson and carried by unanimous vote of the Council. Mr. Diaz stated that, based on the minutes of the October 1, 1985, Planning Commission meeting, it appeared the October 1, 1985, letter from the Commercial Subcommittee was presented to the Commission that evening and read into the record. It did not appear that Mr. Campbell was present at that meeting, so he may not have received the letter which used the term "clear". Councilman Wilson asked if the July 31, 1985, Commercial Sub- committee letter was also read into the record. Mr. Diaz stated it was attached to the October 1 letter but not formally read into the record. Councilman Crites stated that the obligation of the developer to act in good faith had been met and moved to grant the appeal as requested by the applicant. Motion was seconded by Wilson and carried by a 4-1 vote, with Councilmember Benson voting NO. G. INFORMATION ITEMS: 1. UPDATE ON HIGHWAY 111 (FAU) WIDENING (627-87). Mr. Altman reported that this item would be brought back to the Council at its meeting of February 12, 1987. 2. INTERIM REPORT ON TRAFFIC CONDITIONS ON SAN GORGONIO WAY BETWEEN MONTEREY AVENUE AND SAN PABLO. Councilman Wilson asked when this item would be reconsidered by the Council. Mr. Folkers stated that the barricades were placed on December 17, 1986, counts would be taken the following week, and it would be before the Council at its meeting of February 12, 1987. Council concurred. 17 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING • • • • • • • • • • • • • • • • • XI. CONTINUED BUSINESS JANUARY 22, 1987 • • • • • • • • A. CONSIDERATION OF A REQUEST BY NOELL W. ROBINSON FOR RECONSIDERATION OF BUILDING PAD HEIGHTS IMMEDIATELY ADJACENT TO SAGEWOOD DEVELOPMENT. (Continued from the meeting of January 8, 1987.) Mr. Altman stated there was a memo dated January 22, 1987, from Mr. Folkers which summarized what has taken place since the previous Council meeting relative to this project. He said the developer had reduced two lots by two feet. Staff recommended approval of the development and tract map since the developer had done what was required by the City. Mr. Folkers stated that he had met with residents of Sagewood on Tuesday and that they had requested that lots 10 and 11 be dropped by two feet, 9 and 12 dropped by 16", and lots south of that dropped 18". He called the developer to explain the situation, and he had indicated since he had complied .with what had been requested f previously, he would not do any more. He did, however, state that he would provide landscaping. MR. DON NANCE, 40-255 Sagewood Drive, spoke as the representative of the homeowners association as property manager and also on behalf of immediately adjacent property owners. He said when one property is higher than another, the lower property suffers in economic value and that there were four homes with $5,000 to $10,000 price differences because they were behind and lower than property next door. He said the homeowners felt they were not given complete information by Mr. Germain regarding lot elevations. Mr. Folkers stated that as Mr. Nance indicated, there was an interpretation problem and residents thought things were going to happen that did not. He said no one tried to mislead them. He gave a video presentation of the development showing the lot elevations in question. MS. DONNA AYOTT, a resident of Sagewood, stated that Mr. Joe Gaugush of the Public Works Department had called and advised that the builder had agreed to lower the two lots by two feet and she had indicated it would be acceptable. She stated, however, that she can now stand In her 18 i MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • kitchen and see the workmen's knees, foot difference in lot elevation. Council Questions: which is a three Crites: Where do we stand with regard to permits? Mr. Altman responded that permits were being held but recom- mended they now be released since the developer had complied with the City's request to lower the two lots that residents had indicated they were most concerned with. Mr. Phillips stated that California law provides that once permits have been issued, a developer acquires a vested right to develop the property in accordance with those building permits. If the City were to try to further stop the developer by pulling permits, there would be potential exposure to the City. The exception would be if the permit were illegal or void, and he had no knowledge that it was. Council Comments: Crites: The pad heights across each of the lots in Sagewood, with the exception of lot 11, are certainly within the two foot difference. The only area which appears to be a problem is on the very westerly end. If we had a choice to make, would prefer that it not be three and a half feet, but did not think the Council had that choice. Developer has acted in good faith and with exception of westernmost property, the conditions are not extreme, not out of line and will not cause depreciation of property values. Wilson: There is only one choice. The developer has a vested right with permits being issued, and we have no choice but to allow him to go ahead with the project. Before additional development goes into the area, would like to have staff set up a meeting with the Council to go out and look at the entire area to see what has been created by sand dunes and what the street level is. Crites: Perhaps have a joint meeting of Council and Planning Commission to determine some type of policy for the future to ensure reasonableness for the developer and fairness to homeowners. 19 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Benson: This goes back to what has been said over and over again --ensure compatibility with current neighbor- hood. Felt people already there should not be impacted by a new development and that the City owed something to the residents in Sagewood. Snyder: Agreed that existing residents should be taken care of. However, when Sagewood was first built, there was a commercial area zoned for the corner, and people purchasingin that area knew what the zoning was. Felt staff and the developer had met with the residents and tried to work out the problems. It was agreed that the developer would lower the two lots by two feet, and it was done. Councilman Snyder moved to, by Minute Motion: 1) Confirm the staff findings that the developer has complied with the requirements of lowering some of the building pad heights by two feet; 2) Approve the final tract map; and 3) Instruct the Director of Building and Safety to rescind the stop work order in effect. Motion was seconded by Wilson and carried by a 4-1 vote, with Councilmember Benson voting NO. B. REQUEST FOR APPROVAL OF FINAL TRACT MAP 21791 - Germain Development Co., Inc. Councilman Crites moved to waive further reading and adopt Resolution No. 87-1, approving Final Tract Map 21791. Motion was seconded by Snyder and carried by a 4-1 vote of the Council, with Councilmember Benson voting NO. XII. OLD BUSINESS None XIII. REPORTS, REMARKS, & CITY COUNCIL ITEMS REQUIRING ACTION A. CITY MANAGER 1. Mr. Altman stated that the Marriott Corporation had asked permission to use the unoccupied portion of Cook street for five days to park employee vehicles, starting Friday, January 23, 1987. He said since they were self insured, they could not name the City as an additional insured. He added that he had asked Mr. Folkers acid Mr. Phillips to look into this matter, and it was felt it could be handled by staff. 20 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Mr. Phillips stated that under Government Code Section 54954.2(b2) it would take a 4/5 vote of the Council to agree to consider this request at this tim, since this was an item which arose after the Agenda was posted. Councilman Wilson moved to place this item on the Agenda for Council consideration. Motion was seconded by Snyder and carried by unanimous vote of the Council. Mr. Phillips stated that a hold harmless agreement had been prepared between the Marriott Corporation, Massey Sand & Rock Company (the contractor), and the City. This agreement would allow the Marriott Corporation to park along the east and west curb along Cook Street for five days, commencing when the agreement was signed. He reviewed the entire agreement for the Council (on file and of record in the City Clerk's office). Councilman Crites moved to, by Minute Motion, authorize the Mayor to execute an agreement (#00-190) on behalf of the City of Palm Desert to a) l ow parking along Cook Street by the Marriott Corporation for a period of five days. Motion was seconded by Wilson and carried by unanimous vote of the Council. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. CONSIDERATION OF CHANGING THE TIME OF CITY COUNCIL MEETINGS (Councilman S. Roy Wilson). Councilman Wilson stated that several months previously, the Council had decided to eliminate Study Sessions and begin the meetings at 4:00 p.m. or 4:30 p.m. Because the City ordinance states that the meetings shall begin at 7:00 p.m., all the Agendas have to show Adjourned/Regular meetings. Councilmember Benson stated she would like to see the Mayor and Councilmembers prepare monthly reports on what they have done, what meetings they have gone to, and what action they have taken so that the rest of the Council will be informed of what is going on. 21 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 1987 Secondly, instead of receiving monthly reports from staff, she asked if the City Manager might be able to prepare a synopsis of the most significant items. It was Council's concurrence that each member would consider Councilmember Benson's suggestions and return at a future meeting to vote on them. Councilman Wilson moved to adopt Resolution No. 87-10, changing the official time for regular City Council meetings from 7:00 p.m. to 4:00 p.m. Motion was seconded by Crites and carried by unanimous vote of the. Council. 2. CONSIDERATION OF COMMENDATION TO THE NEWMAN CENTER (Councilman S. Roy Wilson). Councilman Wilson stated that he felt the Newman Center had made a tremendous improvement to the community by taking an eyesore at the corner of San Pablo and Fred Waring and, with mostly volunteer work, turning It into something attractive. He r asked that staff be directed to prepare a resolution of commendation to the Newman Center for its efforts. Council concurred. 3. Councilman Snyder reported on the Coachella Valley Association of Government's assistance in a lawsuit filed against Gulf Oil's tire burning facility. He said the firm of Best, Best and Krieger had filed suit on behalf of San Bernardino and Riverside Counties, the Cities of San Bernardino, Riverside, Palm Springs, and many other cities and that we may be participating in the cost of the lawsuit. XIV. ORAL COMMUNICATIONS - 8 None Mayor Kelly recessed the meeting at 7:10 p.m. and reconvened at 7:25 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION New Business Items E. F. and G, and Section XIII of the Agenda were considered by the Council after the dinner recess at 7:25 p.m. 22 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 1987 • • • a a • • a • • • • • a • • • • • • • • • • • XVI. ORAL COMMUNICATIONS - C None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. CONSIDERATION OF APPOINTMENT of Ms. Velma Dawson to the Civic Arts Committee to Fill the Unexpired Term of Mr. Arthur Hall Who Resigned. Upon motion by Wilson, second by Crites, and unanimous vote of the Council, Ms. Velma Dawson was appointed to the Civic Arts Committee to fill the unexpired term of Mr. Arthur Hall who resigned. B. CONSIDERATION OF APPOINTMENT of Mr. Bill Johnson to the Advertising & Promotion Committee to Fill the Unexpired Term of Ms. Bea Howorth Who Resigned. Upon motion by Crites, second by Benson, and unanimous vote of the Council, Mr. 8i11 Johnson was appointed to the Advertising & Promotion Committee to fill the unexpired term of Ms. Bea Howorth. XVIII. PUBLIC HEARINGS None XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Upon motion by Wilson, second by Crites, and unanimous vote of the Council, Mayor Kelly adjourned the meeting at 7:53 p.m. to Closed Session in accordance with Government Code Section 54956.9(b) for the purpose of discussing potential litigation, said Closed Session to immediately follow adjournment of the Redevelopment Agency Meeting. Mayor Kelly reconvened the meeting at 8:50 p.m. and immediately adjourned with no action taken or announced. ATTEST: �4 • -SHEILA R. LLIGAN, TY CLERK CITY OF PALM DESER CALIFORNIA 23