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HomeMy WebLinkAbout1989-05-25MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 25, 1989 CIVIC CENTER COUNCIL CHAMBER • • • • • • • • • • • • • • • • • I. CALL TO ORDER Mayor Wilson convened the meeting at 4:00 p.m. II. PLEDGE OF ALLEGIANCE - Councilman Walter H. Snyder III. INVOCATION - Councilmember Jean M. Benson IV. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro-Tem Buford A. Crites Councilman Richard S. Kelly Councilman Walter H. Snyder Mayor S. Roy Wilson Also Present: Bruce A. Altman, City Manager David J. Erwin, City Attorney Carlos L. Ortega, ACM/RDA Executive Director (arrived 7:OOp.m.) Mary P. Frazier, Deputy City Clerk Ramon A. Diaz, ACM/Director of Community Development/Planning Richard Folkers, ACM/Public Works Director (arrived 7:00 p.m.) Paul Gibson, Treasurer/Director of Finance V. CONSENT CALENDAR A. MINUTES of the Special City Council Meeting of May 8, 1989, and the Regular Meeting of May 11, 1989. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR 0410, 0412, 0504, and 0507. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • C. MINUTES of the El Paseo Business Association Meeting of April 6, 1989. Rec: Receive and file. D. LETTER OF RESIGNATION from Andrea von Milbacher-Kohl from the Civic Arts Committee. Rec: Receive with sincere regret. E. REQUEST FOR AWARD OF CONTRACT N0. 00-334 - 1989-90 CURB AND GUTTER AND CROSS GUTTER REPAIR PROGRAM. Rec: By Minute Motion: 1) Authorize the Mayor to enter into a Contract No. 00-334 with Allred 8 Kyser Construction Company in the amount of $110,800 and authorize a 10% contingency in the amount of $11,080 for same; 2) Authorize the transfer of $15,000 from Account No. 110-4313- 3320 to 110-4312-3320, $12,000 from 110-4311- 3320 to 110-4312-3320, and $8,000 from 110-4311- 3320 to 110-4313-3320. F. REQUEST FOR APPROVAL of Change Order No. 1 of Contract No. 00-296 for the Traffic Signal Installation at Portola Avenue and Rutledge Way. Rec: By Minute Motion: 1) approve Change Order No. 1 in an amount of $8,658.00; 2) Appropriate $8,658.00 from the project budget for payment of Change Order No. 1. G. CONSIDERATION OF A REQUEST for a Street Name Change for Tract 21338-1, Sandcastle Homes. Rec: Waive further reading and adopt Resolution No. 89-55, setting a public hearing to consider a street name change for Tract No. 21338-1. H. CLAIM NO. 105 AGAINST THE CITY by Judy Flanary in the Amount of $107.83 for Alleged Damages. Rec: By Minute Motion, deny the Claim and direct the City Clerk to so notify the Claimant. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 1989 -1• • • • • • • • • • • • • • • • • • • • • • • • • I. CLAIM Ng. 106 AGAINST THE CITY by Barbara Small in the Amount of $523,000 for Alleged Damages. Rec: By Minute Motion, deny the Claim and direct the City Clerk to so notify the Claimant. J. CLAIM NO. 107 AGAINST THE CITY by GTE California Incorporated in the Amount of $1,862.35 for Alleged Damages to Underground Facilities. Rec: By Minute Motion: 1) Deny the Claim and refer it to the contractor, Massey Sand & Rock Co.; 2) Direct the Clerk to so notify the Claimant. K. REQUEST FOR SCHEDULING OF PUBLIC HEARINGS to Levy Annual Assessments for Landscaping and Light Districts. Rec: 1 1. Waive further reading and adopt Resolution No. 89-56, setting a public hearing for District No. 1980-1, Presidents' Plaza; 2. Waive further reading and adopt Resolution No. 89-57, setting a public hearing for District No. 4 (Tract 8237), Parkview Estates; 3. Waive further reading and adopt Resolution No. 89-58, setting a public hearing for District No. 81-3, (Tract Nos. 12181-1 and -2), The Vineyards. 4. Waive further reading and adopt Resolution No. 89-59, setting a public hearing for District No. 5, Cook Street/Country Club Drive Medians. 5. Waive further reading and adopt Resolution No. 89-60, setting a public hearing for Assessment District No. 2, Canyon Cove Greenbelt. 6. Waive further reading and adopt Resolution No. 89-61, declaring the intent to levy and collect assessments for fiscal year 1989-90 and No. 89-64, approving the formation of Landscaping and Lighting District No. 6, Monterey Meadows Development on Hovley Lane. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 1989 : . . * * . . . * : * * * . . * * s s * * • L. REQUEST FOR RELEASE OF SUBDIVISION IMPROVEMENT BONDS for Parcel Map 22479, Desert Valley View Partnership, Applicant. Rec: By Minute Motion, accept the subdivision improvements as complete and authorize the City Clerk to release the subject bonds for this project. Councilmember Benson asked that Item G be removed for separate discussion under the Consent Items Held Over portion of the agenda. Councilman Crites asked that Item H also be removed for separate discussion. Upon motion by Crites, second by Benson, the Consent Calendar, with the exception of Items G and H, was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A MR. JOE COREY spoke on behalf of Mr. William Shou, owner of the China Gardens Restaurant in Palm Desert. He said Mr. Shou had put up a sign for his business indicating that it was open for lunch and that a City Code Compliance officer had requested the sign be removed. He said the restaurant had been doing business in Palm Desert for 15 years and that business had been very difficult in the last five years. He showed a picture of the sign in question and asked that it be allowed to remain up during the summer months. Mayor Wilson said this item could not be discussed by the Council because it was not listed on the agenda; however, he asked that a report and recommendation be given by the Code Compliance Director at the next Council meeting. Council concurred. MR. DAN EHRLER, Palm Desert Chamber of Commerce, updated the Council on the progress of the Palm Desert Business Community Sign Ordinance Task Force. He noted that the Task Force had met and drafted a response to the proposed revisions to the sign ordinance. He said a final draft would be completed following the next meeting on June 7th and that this draft would then be sent to the Sign Ordinance Subcommittee, Planning Commission, and staff. VII. RESOLUTIONS None 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 1989 • • • • • • • • • • • • • • • • • • • • • • • • VIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO.572 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND AN AMENDMENT TO THE ZONING MAP REDESIGNATING 8 ACRES AT THE NORTHEAST CORNER OF COUNTRY CLUB DRIVE AND PORTOLA AVENUE FROM LOW DENSITY RESIDENTIAL TO OFFICE PROFESSIONAL. CASE NO. C/Z 89-2. Mr. Altman .stated that ,this had been introduced at the last meeting and that no changes had been made. He recommended its adoption. Upon question by Councilman Crites, Mr. Diaz responded that conditions added by the City Council during the public hearing had been included in the resolution approving the precise plan. Councilman Kelly moved to waive further reading and adopt Ordinance 572. Motion was seconded by Snyder and carried by unanimous vote of the Council. IX. CONSENT ITEMS HELD OVER G. CONSIDERATION OF A REQUEST for a Street Name Change for Tract 21338-1, Sandcastle Homes. Councilmember Benson asked for clarification of this item since the letter included in the staff report requested that the street name be changed to "Castle Court", but the resolution indicated a change to "Easy Street". Mr. Erwin stated that the resolution was only setting a public hearing and suggested that the matter of the name be discussed at that time. He also suggested amending the resolution to show that "East Street" be changed to "Easy Street", "Castle Court", or other appropriate name. Councilman Crites moved to waive further reading and adopt Resolution No. 89-55, setting a public hearing to consider a street name change for Tract No. 21338-1, amended as stated by Mr. Erwin above. Motion was seconded by Snyder and carried by unanimous vote. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 1989 H. CLAIM NO. 105 AGAINST THE CITY by Judy Flanary in the Amount of $107.83 for Alleged Damages. Rec: By Minute Motion, deny the Claim and direct the City Clerk to so notify the Claimant. Mr. Erwin asked that this item be discussed in Closed Session inasmuch as it was potential litigation. See remarks under Adjournment for action taken by Council. X. NEN BUSINESS A. REQUEST FOR APPROVAL OF A SMOKE DETECTOR/RESIDENTIAL USE PROGRAM. Mr. Jim Reeder, Fire Marshal, reviewed his letter dated April 27, 1989, noting that in recent years most fire deaths had been in mobile homes and older apartments which were not smoke detector equipped. He asked that the City initially purchase smoke detectors for mobile homes and added that Fire Department personnel would give them out door-to-door. Mr. Altman suggested that if the Council was interested in this program, the matter should be referred to himself or the City Attorney to look at the legal aspects. Councilman Snyder moved to, by Minute Motion, refer this matter to the City Attorney and City Manager to determine the legal aspects of the program. Motion was seconded by Kelly and carried by unanimous vote. B. STAFF REPORT ON PAD HEIGHTS, TENNIS COURT LIGHTING, ETC. FOR PROJECT AT MESA VIEW AND HIGHWAY 74. Mr. Holtz reviewed the plans for this project, noting it was staff's feeling that the grading plan as approved and almost completed conforms to all of the City requirements in effect at that time. Upon question by Councilman Snyder regarding the tennis courts, Mr. Diaz responded that the Planning Commission had denied the lighting and that the applicant had subsequently appealed that decision. He said the matter would be before the Council at its next meeting. Mayor Wilson asked that the City Manager send a letter to6— Ms. Margery Hartnett, the citizen who submitted a letter 6 i MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 1989 • • • • • • • • • • to the Council at the last meeting, advising her that the Council would be considering the appeal of the tennis court lighting request at its next meeting. No formal action was taken by Council. C. REQUEST FOR APPROVAL OF STUDENT SUMMER WORK PROGRAM. Mr. John Wohlmuth, Administrative Assistant, reviewed the staff report dated May 17th and offered to answer any questions. Upon question by Councilman Crites, Mr. Wohlmuth responded that the rate of pay would be the same as the Maintenance Aide. Councilman Crites moved to, by Minute Motion, approve the program for F 1 sca l Yea'r 1989-90. Motion was seconded by Benson and carried by unanimous vote of the Council. D. CONSIDERATION OF A REVISION TO AN AWNING PROGRAM AT T.G.I. FRIDAY'S. Mr. Diaz reviewed the staff report, showing pictures of the original design and the revised awnings that were installed. He said the Architectural Review Commission had approved the new awnings subject to the scallops being removed. He added that the matter had been called up because the new awnings as installed hid a portion of the facia of the building. Councilman Crites stated that he had asked that the matter be called up from the Planning Commission when this was originally built. He said the red and white awnings were originally denied but that the compromise was to approve them with a minimum of vertical drop. He said the new awnings being Installed were directly against the intent of the Planning Commission and the Council. Mayor Wilson asked the applicant to address Council. MR. TOM PATEY, representing Custom Canvas in Dallas, Texas, spoke as the manufacturer of the awnings. He said in addition to T.G.I. Friday's desire to have a new awning look, many of the existing awnings were in need of repair at this time. He said the new awnings were made of a better vinyl type fabric that would last longer. He added that they had gone ahead with installation with what they 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • thought was the City's permission from the many conversations with staff, and although it might look as if they had tried to sneak the awnings in by installing them at night, it was done because of the need to install them during non -working hours. MR. JIM BOTIMER from T.G.I. Friday's headquarters in Texas, addressed Council and said it was never Friday's intent to put up awnings that were not permitted. He said he did not know of any previous agreement regarding the awnings and that these were the same color and pattern as the previously approved awnings. He added that they stopped installing the new awnings as soon as they found out there was an objection, and he asked that they be allowed to put the new ones up. Councilman Crites stated that another issue, aside from vertical drop and color, is integrity of building structure. He said the new awning policy attempts to assure that an awning shall be a part rather than take away from the architectural integrity of the building. Councilmember Benson stated she felt the City had accommodated T.G.I. Friday's by'allowing them to move their sign up onto the parapet so it can be seen more clearly. She said she felt the existing size was okay but could see no reason to deviate from it. Councilman Kelly said he felt the new awnings looked better than the old ones and would make the City look better. He added that he concurred with the findings of the Architectural Review Commission. Councilman Crites moved to, by Minute Motion: 1) Overturn the decision of the Architectural Review Commission and deny the requested revision to the subject awning; and 2) If replacement of the awnings Is in order, direct the applicant to install new awnings that conform with the original awning structure size. Motion was seconded by Benson and carried by a 4-1 vote, with Councilman Kelly voting NO. E. INFORMATIONAL ITEMS: 1. Update of Palmer CabieVision. Mr. Altman stated that there was nothing new to report on this item. 8 1 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 1989 • • • • . • • • • • • • • • • • • • • • • • • • • 2. Intersection Traffic Control Changes. Mr. Altman stated that this staff report was an Information item only. After discussion by Council, Mr. Altman stated that staff would bring a report back to the Council at its next meeting relative to the intersections of Cook Street/Joni Drive and Portola Avenue/Marrakesh Country Club, with various options and alternatives. XI. CONTINUED BUSINESS A. REPORT AND RECOMMENDATION ON ARCO BUS SHELTER. Mr. Wohlmuth reviewed the staff report. He noted that he had met with Mr. Craig Yamasaki of Arco, who agreed with the recommendations outlined in the report. He said in order to provide the shade as recommended by the Bus Shelter Committee, Mr. Yamasaki was proposing to relocate a ficus tree existing on the site. Councilman Crites stated that In a subsequent meeting, Mr. Yamasaki had agreed to put in a flowering shrub to replace the relocated ficus tree so there would be no landscaping lost. Councilman Crites moved to, by Minute Motion, approve the recommendations of the Bus Shelter Committee as contained in the staff report dated May 25, 1989. Motion was seconded by Snyder and carried by unanimous vote of the Council. B. REPORT AND RECOMMENDATION ON RESULTS OF SURVEY OF RESTAURANTS FOR VOLUNTARY WATER USAGE SIGNS. Mr. Frank Allen, Director of Code Compliance, reviewed his report dated May 23rd, noting that the California Restaurant Association wouid provide signs at no charge. He recommended sending a letter to those restaurants in favor of the program advising them where they can obtain the free signs. 1 Councilman Snyder moved to, by Minute Motion, direct staff to send letters to those restaurants who indicated they were In favor of the voluntary water usage signs and advise them where they can obtain free signs. Motion was seconded by Benson. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 1989 . . . . . . . . . . . . . . . . . . . . . . . . . Councilman Crites stated that he would rather the City contact the Association and obtain a supply of signs to distribute to the restaurants. Councilman Snyder amended his motion to direct staff to contact the California Restaurant Association and obtain a supply of signs to distribute to those restaurants in favor of the program. Councilmember Benson agreed to amend her second. Motion carried by unanimous vote of the Council. XII. XII1. OLD BUSINESS None REPORTS AND REMARKS A. CITY MANAGER Mr. Altman stated that he, Mr. Diaz, Mr. Ortega, and County Librarian Linda Wood had met with the Board of Trustees of College of the Desert on May 19th, and they indicated they wanted to get something going on the joint library. He said they had given the Board until June 2nd to work out a specific site location so that it would not delay the work on the YMCA and other 'buildings on the Civic Center site. He distributed copies of a memo outlining the meeting and said he would keep the Council apprised of further developments. B. CITY ATTORNEY Mr. Erwin asked that the Council adjourn to Closed Session pursuant to Government Code Sections 54956.9(a), pending litigation (Palm Desert vs. Indian Wells/SunTerra), and 54956.9(b), potential litigation. C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: o City Council Committee Reports: 1. Councilman Kelly thanked everyone for attending the meeting at SunLine that morning. Councilmember Benson stated she felt it was a very informative meeting for everyone. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 1989 • • • * • • • • • • • • • • • • • • • • • • • • • 01 4 1 1 2. Councilman Crites reported on the meeting he had attended of the Coachella Valley Mountains Trust Conservancy, noting that a map of the proposed boundaries of the Conservancy would be coming to staff for review in the next week or so. He also asked that the Mayor send letters in support of the establishment of the Conservancy from the City to the Assembly Natural Resources Committee. Council concurred. 3. Councilman Crites reported that the Landscape Median Committee had met recently and that the Highway 74 shoulder from El Paseo south to Homestead would be done during the summer. He added that complaints had been received from citizens asking why worry about saving water in restaurants when there is so much wasted water. 'from sprinklers, etc. He said the Committee discussed converting the City's lawn -type medians to drought resistant and would be looking at the costs, what the benefits would be, how long it would take to get the money back in terms of no longer having to do the labor in keeping the medians green, etc., and all of this would be coming back to the Council in the future. 4. Councilman Crites stated that at the recent meeting with the public art consultant, one of the items that came up was the idea of employing artists to work with architects in the design of public buildings, such as the YMCA, etc. Upon question by Mr. Diaz, Councilman Crites responded that one of the problems discussed was having the two individuals, artist and architect, working together as a team. Mr. Diaz stated that staff's recommendation would be to place a requirement in the RFP that the architect select an artist to collaborate with him/her to do the building. Mr. Altman said staff would prepare a report for the next Council meeting regarding the approach to use in this matter. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • • XIV. ORAL COMMUNICATIONS - B MS. MARGERY HARTNETT, 48-624 Moon Terrace, Indian Hills, addressed the Council relative to the project at Mesa View and Highway 74 (see New Business Item B for related discussion). She asked how an approved grading plan could violate the line - of -sight ordinance and said she really felt that it did violate it. Mayor Wilson responded that staff had indicated in its report that the Council had since modified the grading ordinance to take care of those situations but that the project conformed with the grading plan in effect at that time. Upon question by Councilman Crites, Mr. Holtz responded that the grading ordinance does not specifically address the line - of -sight issue but does address pad elevation heights in relation to lowest point of the curb and gutter. Mayor Wilson asked Ms. Hartnett to meet with Mr. Diaz during the dinner recess and set up a time to meet with him to discuss the issue. Ms. Hartnett said she would and added that because she was convinced the grade was above the bottom of the curb, she was going to hire an engineer to measure it. Upon question by Mayor Wilson, Mr. Holtz responded that pad certifications had been submitted by the engineer for the project and by the City's engineers. Mayor Wilson asked that these certifications be provided to Mr. Diaz. Councilman Snyder moved to adjourn to Closed Session at 5:20 p.m. pursuant to Government Code Section 54956.9(a), pending litigation (Palm Desert vs. Indian Wells/SunTerra), 54956.9(b), potential litigation 54956.8, property acquisition; said Closed Session to immediately follow adjournment of the Redevelopment Agency meeting. Motion was seconded by Benson and carried by unanimous vote of the Council. Mayor Wilson reconvened the meeting at 7:00 p.m. with no action announced from Closed Session. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION Mr. Altman stated that a work session needed to be scheduled with the Council and staff to discuss the proposed budget for fiscal year 1989/90. With Council concurrence, the meeting was scheduled for 11:00 a.m. on Thursday, June 15th. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • XVI. ORAL COMMUNICATIONS - C None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PLAQUE IN RECOGNITION OF THE PALM DESERT HIGH SCHOOL VARSITY BASEBALL TEAM. On behalf of the entire City Council, Mayor Wilson congratulated the Palm Desert High School Varsity Baseball Team for its winning season and its record of 12 wins, zero losses in league play. He said the plaque which the Council had planned to present was still at the engraver's and would be brought over to the High School the next day. Coa.ch Darrell Salazar introduced all of the players, noting that the team's overall record was 22-4, with a 3rd place ranking in the State and 2nd in CIF. A. PRESENTATION OF COMMUNITY SERVICE PLAQUES TO: 1. Faith Ladlow - Planning Commission 3/87 - 3/89. 2. Terry Green - Activities Promotion Committee 9/83 - 3/89. 3. David Cearley - Activities Promotion Committee 11/86 - 3/89. 4. Novak Najarian - Civic Arts Committee - 3/83 - 5/89. 5. Kay King - Riverside County Free Library Advisory Committee - 5/86 - 4/89. Mayor Wilson presented community service plaques to the above individuals with the exception of David Cearley, who was out of town. B. CONSIDERATION OF APPOINTMENT to the Board of Directors of the Joslyn Cove Communities Senior Center. Mayor Wilson asked that the Council consider appointing Mr. Bob Spiegel to this position, noting that he was currently a member of the Civic Arts Committee and heading up the Art -in -Public -Places program. Upon question by Councilman Crites, Mayor Wilson responded that the reason for not going through the regular interview process was because the Board of Directors was trying to get things going as quickly as possible. He noted that the City of Indian Wells had already made an appointment. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 1989 . . . . . . . . . . . . . . . . . . . . . . . . . Councilman Kelly stated that the Council had Just completed a long interview process for the Planning Commission vacancy and had spoken to a number of people. He said he felt Mr. Spiegel was an outstanding individual. Councilman Kelly moved to, by Minute Motion, appoint Mr. Bob Spiegel as the City's representative to the Board of Directors of the Joslyn Cove Communities Senior Center. Councilmember Benson seconded the motion with the comment that this appointment was different from a City committee or commission in that it was a non -voting position, and the appointee would act as the City's liaison to the Board. She added that the appointment would be on a yearly basis. Mayor Wilson called for the vote. Motion carried by unanimous vote of the Council. C. CONSIDERATION OF APPOINTMENTS to the Activities Promotion Committee To Fill Vacancies Created by the Resignation of Terry Green and David Cearley and by the Expiration of Terms of Carol Whitlock and Mark Glassman. Mayor Wilson stated that the Council had conducted interviews for these vacancies. Councilman Kelly moved to, by Minute Motion: 1) Appoint Mr. Robert Scholl to fill the vacancy created by the resignation of Mr. David Cearley (term expires 9/91); 2) Appoint Mr. Steve Warsh to fill the vacancy created by the resignation of Mr. Terry Green and to serve an additional three-year term (term would expire 9/92); and 3) Appoint Mr. Don Alexander to a three-year term as a new and additional member. Motion was seconded by Snyder and carried by unanimous vote of the Council. D. PRESENTATION TO THE CITY OF AMERICAN PUBLIC WORKS AWARD. Mr. Folkers presented the award to Mayor Wilson, noting that it was given by the American Public Works Association for 15 years of membership. XVIII. PUBLIC HEARINGS A. CONSIDERATION OF THE ESTABLISHMENT OF A UNIFORM TRANSPORTATION MITIGATION FEE. Mr. Erwin suggested that the Council receive testimony and then, if it wishes to set a fee, adopt the resolution. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • Mayor Wilson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this matter. No testimony was offered. He declared the public hearing closed. Councilman Kelly moved to: 1) Waive further reading and adopt Ordinance No. 573 on second reading, establishing a Uniform Transportation Mitigation Fee; and 2) Waive further reading and adopt Resolution No. 89-51, setting the Transportation Uniform Mitigation Fee amount pursuant to Ordinance No. 573. Motion was seconded by Snyder and carried by unanimous vote of the Council. Councilman Snyder complimented Kelly for all of his efforts and hard work on this most difficult and complicated matter. B. REQUEST FOR APPROVAL OF A CHANGE OF ZONE FROM R-1 (RESIDENTIAL SINGLE-FAMILY) TO P (PUBLIC/INSTITUTION) ZONE AND A CONDITIONAL USE PERMIT TO ALLOW THE EXPANSION OF THE PRESENT CHURCH FACILITIES LOCATED AT THE NORTHEAST CORNER OF PORTOLA AVENUE AND FAIRWAY DRIVE. Mayor Wilson declared the public hearing open and asked for a report from staff. Mr. Diaz reviewed the staff report, noting that staff's recommendation was that the Council approve the change of zone and adopt the resolution approving the conditional use permit with conditions set forth therein. Councilmember Benson expressed concern with the 36 foot height of the building and asked whether there were any problems with the line of sight for the neighbors to the east. Mr. Diaz responded that the only residential units were across the street, and staff felt they were far enough away that this would not create any 1 i ne of sight problems. Councilman Crites asked whether the residents across Portola Avenue were informed of this request. Mr. Diaz responded that notices of the public hearing were sent to everyone within 300 feet and that no objections or opposition to the proposal had been received. He added that the matter was before the Planning Commission on two different occasions, with no opposition. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • ,- Mayor Wilson invited testimony from the applicant. MR. HAROLD HOUSLEY spoke as chairman of the building committee for Hope Lutheran Church. He said it had taken ten years of hard work and prayers to get to this point and that everyone was very excited and felt it was a beautiful building. He said they understood the conditions of approval as far as having to come back to the Council for approval to build the new church and said they were only planning to build the fellowship hall at this time. He added that neighbors had been invited to attend meetings to discuss this, and no one appeared. He offered to answer any questions. Mayor Wilson invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered. He declared the public hearing closed. Councilman Snyder moved to: 1) Waive further reading and pass Ordinance No. 574 to second reading; and 2) Waive further reading and adopt Resolution No. 89-62, approving a Conditional Use Permit 89-2 (Hope Lutheran Church Expansion). Motion was seconded by Kelly and carried by_ unanimous vote of the Council. C. REQUEST FOR VACATION OF A PORTION OF STREET RIGHT-OF-WAY KNOWN AS BEL AIR ROAD AND BARBERRY LANE. Mr. Folkers reviewed the staff report and offered to answer any questions. Mayor Wilson declared the public hearing open and invited testimony fn FAVOR of or OPPOSED to this request. With no testimony offered, he declared the public hearing closed. Councilman Crites moved to waive further reading and adopt Resolution No. 89-63, vacating a portion of the public right-of-way known as Bel Air Road and Barberry Lane. Motion was seconded by Snyder and carried by unanimous vote of the Council. XIX. ORAL COMMUNICATIONS - D MR. RUSSELL RICHARDSON, 73-270 Calliandra, addressed the Council relative to Consent Calendar Item K. He said although he agreed there should be an assessment, he felt the residents had been treated very shabbily on the matter of the greenbelt. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 1989 41 • • • • • • • • • • • • • • • • • • • • • • • • Mayor Wilson stated that all the Council had done at this meeting was to set a public hearing for June 8th and that the public would be invited to attend and give testimony at that time. XX. ADJOURNMENT Mr. Erwin stated that the Council needed to take action on Consent Calendar Item H which was discussed in Closed Session. Councilman Crites moved to, by Minute Motion, deny the claim by Judy F l anary in the amount of $1 07. 83 and direct the City Clerk to so notify the Claimant. Motion was seconded by Snyder and carried by unanimous vote of the Council. Upon motion by , Cr. i tes , second by Snyder, and unanimous vote of the City Council, Mayor Wilson adjourned the meeting at 7:48 p.m. ATTEST: MARY P. F IER, DEPUTY C DTY CLERK CITY OF P DESERT, CALIFORNIA 4!:-17 WILSON, MAYOR 17