HomeMy WebLinkAbout1990-08-23MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, AUGUST 23, 1990
CIVIC (.r n i r is COUNCIL CHAMBER
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I. CALL TO ORDER
Mayor Crites called the meeting to order at 4:00 p.m.
II. PLEDGE OF ALLEGIANCE - Councilmember Jean M. Benson
III. INVOCATION - Mayor Pro-Tempore Walter H. Snyder
IV. ROLL CALL
Present:
Councilmember Jean M. Benson
Mayor Pro-Tempore Walter H. Snyder
Councilman S. Roy Wilson
Mayor Buford A. Crites
Excused Absence:
Councilman Richard S. Kelly
Also Present:
Bruce A. Altman, City Manager
David J. Erwin, City Attorney
Sheila R. Gilligan, City Clerk/Public Information Officer
Carlos L. Ortega, ACM/RDA Executive Director
Paul Shillcock, ACM/Director of Economic Development
Ramon A. Diaz, ACM/Director of Planning & Community Development
Richard J. Folkers, ACM/Director of Public Works
Paul Gibson, City Treasurer/Finance Director
Pat Conlon, Director of Building & Safety
Wayne Ramsey, Senior Code Compliance Officer
V. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of July 26, 1990.
Rec: Approve as presented.
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B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos.
WR0615, WR0616, and WR0706, WR0712.
Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by William D. Boismier
for Billy B's, 73-403 Highway 111, Palm Desert.
Rec: Receive and refer to the Department of Community Development for processing
of a Conditional Use Permit.
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Adeline and Dominick
F. Mancuso for Senor Salsa, 73-725 El Paseo #22E, Palm Desert.
Rec: Receive and file.
E. CLAIM NO. 147 AGAINST THE CITY by Mr. and Mrs. L. E. Holmgren in the Amount
of $300 for Alleged Destruction of a Sign.
Rec: By Minute Motion, deny the Claim and instruct the City Clerk to so advise the
Claimant.
F. CLAIM NO. 149 AGAINST THE CITY by State Farm Insurance Companies on Behalf
of Anita Derleth in an Unspecified Amount.
Rec: By Minute Motion, deny the Claim and instruct the City Clerk to so advise the
Claimant.
G. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Exploratory
"Potholes" for Underground Utility Service Location.
Rec: By Minute Motion: 1) Authorize the City Clerk to advertise and call for bids
for the subject project; 2) authorize the appropriation of $25,000 from the
Unallocated General Fund Reserve to the project budget.
H-1. REQUEST FOR APPROVAL of a One -Year Extension of Contract No. 00-297 with
Environmental Care, Inc. for Landscape Maintenance on Fred Waring Drive, Monterey
Avenue, and Town Center Way Medians.
Rec: By Minute Motion: 1) Authorize the Mayor to execute Contract Q0-297-1 with
Environmental Care, Inc. in the amount of $2,117.84 per month; 2) authorize
an extra work contingency in the amount of $5,000 to be encumbered in the
contract amount.
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H-2. REQUEST FQR APPROVAL of a One -Year Extension of Contract No. 00-291 with
Sunshine Landscape for Landscape Maintenance for Highway 111 Center Medians.
Rec: By Minute Motion: 1) Authorize the Mayor to execute Contract No. 00-291-
1 in the amount of $3,387.49per month; 2)authorize agreement for extra work
labor increase from $10.00per hour to $12.50per hour; 3) authorize extra work
contingency in the amount of $5,000 to be encumbered in the contract amount.
H.3. REQUEST FOR APPROVAL of a One -Year Extension of Contract No. 90-388 with
Environmental Care, Inc. for Landscape Maintenance on Hovley Lane West, Assessment
District No. 6.
I.
Rec: By Minute Motion, authorize the Mayor to execute the extension of Contract
No. 00-388-1 in the amount of $217.88 per month.
REQUEST FOR APPROVAL of a Reimbursement Agreement for Tract 24254 for
Offsite Storm Drain Construction. Garcon Development, Applicant.
Rec: By Minute Motion: 1) Approve Agreement No. 00-463 and authorize the Mayor
to execute same; 2) authorize the credit of offsite drainage fees applicable to
this subdivision against the construction cost of the master plan storm drain
facilities in the amount of $95,640; 3) Appropriate $317,991 from the
Unobligated Drainage Fund.
J. REQUEST FOR AWARD OF CONTRACT NO. 00-450 with D.B.X., Inc. for the
Installation of Traffic Signals on Country Club Drive and Desert Falls Parkway.
Rec: By Minute Motion: 1) Award Contract No. 00-450 to D.B.X., Inc. in the
amount of $87,306 plus a 10% contingency reserve in the amount of $8,730.60
and authorize the Mayor to execute same; 2) Appropriate $96,036.60 from the
Unobligated Capital Projects Signal Fund.
K. REQUEST FOR APPROVAL OF AGREEMENT NO, 00-464 with Riverside County
for Funding Under the Housing and Community Development Act of 1974.
Rec: By Minute Motion, approve Agreement No. 00-464 for a three-year cooperative
agreement with Riverside County for funding under the Housing and
Community Development Act of 1974.
L-1. REQUEST FOR AWARD OF CONTRACT NO. 00-465 for Engineering Services for
Monterey Avenue Storm Drain Installation from Fred Waring Drive to the North
Entrance of the Palm Desert Town Center.
Rec: By Minute Motion, award Contract No. 00-465 to The Keith Companies in the
amount of $35,000 for engineering services for the subject project.
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L-2. REQUEST FOR AWARD OF CONTRACT NO. 00-466 for Engineering Services for
the Widening of Fred Waring Drive Between Portola Avenue and Deep Canyon Road.
Rec: By Minute Motion, award Contract No. 00-466 to BSI Consultants, Inc. in the
amount of $43,700 for engineering services for the subject project.
L-3. REQUEST FOR AWARD OF CONTRACT NO. 00-467 for Engineering Services for
the Widening of Portola Avenue and Haystack Road.
Rec: By Minute Motion, award Contract No. 00-467 to ASL Consulting Engineers
in the amount of $34,950 for engineering services for the subject project.
L-4. REQUEST FOR AWARD OF CONTRACT NO. 00-468 for Emergency Vehicle Traffic
Signal Preemption.
Rec: By Minute Motion, award Contract No. 9O-464 for engineering services for the
emergency vehicle traffic signal preemption (Opticom) to Herman Kimmel &
Associates in the amount of $18,700.
M. REQUEST FOR RELEASE OF IMPROVEMENT SECURITIES for Parcel Map 23696.
Triad Pacific Development Corporation, Applicant.
Rec: By Minute Motion, authorize the City Clerk to release the subject improvement
securities.
N. REQUEST FOR RELEASE OF MONUMENTATION BOND for Tract 22690-2. Mark
A. Temple Construction, Applicant.
Rec: By Minute Motion, authorize the City Clerk to release the monumentation bond
for Tract 22690-2.
0-1. REOUEST FOR APPROVAL of Parcel Map 25799. Entre Nous, Applicant.
Rec: Waive further reading and adopt Resolution No. 90-109, approving Parcel Map
25799.
0-2. REQUEST FOR APPROVAL of Parcel Map 25108. Oliphant/Lizza Associates,
Applicant.
Rec: Waive further reading and adopt Resolution No. 90-110, approving Parcel Map
25108.
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P.
Q.
REOUEST FOR APPROVAL of the Mello -Roos Community Facilities District.
Rec: By Minute Motion: 1) Appropriate $300,000 from the Street Fund to the project
budget; 2) draw deposited developer funds of $325,000, less $100,000 refunded
to the City of Rancho Mirage and M.C. Properties and MacLeod -Couch Land
Company; 3) appropriate the remaining $225,000 from the Street Fund to the
project budget to pay current billings for J.F. Davidson Associates; 4) waive
further reading and adopt Resolution No. 90-111, designating the County of
Riverside as the lead agency for the Monterey Avenue and Interstate 10
interchange project; 5) invoice the County for engineering services rendered
to date as well as any future costs until such time as the County takes over the
engineering services of the project.
RESOLUTION NO. 90-112 - A Resolution of the City Council of the City of Palm
Desert, California, Amending the Coachella Valley Joint Powers Insurance Authority
Agreement.
Rec: Waive further reading and adopt.
R. REOUEST FOR APPROVAL of Agreement No. 00-469 with the Coachella Valley
Water District for Hold Harmless for Multi -Family and Residential Fire Sprinkler
Systems.
Rec: By Minute Motion, approve Agreement No. 00-469 and authorize the Mayor
to execute same.
S. REOUEST FOR APPROVAL of Contract No.00-470 with Artist Rafe Affleck to Create
Two Fountains for the Civic Center Entryways, One on Fred Waring Drive and the Other
on San Pablo.
Rec: By Minute Motion, approve Contract No. 00-470 and authorize the Mayor to
execute same.
T. CITY CLERK'S CERTIFICATION That There Are Not More Candidates Than Offices
To Be Elected At The November 6, 1990, Councilmanic Election.
Rec: Receive for consideration at an adjourned meeting of the City Council to be
held at 9:00 a.m. on Monday, August 27, 1990.
Councilman Wilson asked that Item E be removed for separate discussion under the
Consent Items Held Over portion of the Agenda.
Councilmember Benson asked that Item S also be removed for separate discussion.
Upon motion by Snyder, second by Wilson, the Consent Calendar, with the exception of
Items E and S, was approved as presented by unanimous vote of the City Council.
VI. ORAL COMMUNICATIONS - A
None
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VII. RESOLUTIONS
None
VIII. ORDINANCES
For Introduction:
A. ORDINANCE NO. 612 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, AMENDING SECTION 8.12 OF THE
MUNICIPAL CODE DEALING WITH TRASH ENCLOSURES.
Mr. Wohlmuth reviewed the staff report, noting that the recycling bins would be put into
new developments, certain redesigns, and other situations as determined by the City.
Councilmember Benson asked whether the ordinance would apply to restaurants.
Mr. Wohlmuth responded that restaurants were included. He said the ordinance would
apply to all commercial, multifamily, office, institutional, and manufacturing uses.
Councilmember Benson moved to waive further reading and pass Ordinance No. 612 to
second reading. Motion was seconded by Wilson and carried by unanimous vote of the Council.
B. ORDINANCE NO. 613 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, REPEALING CHAPTER 12.16 OF THE
MUNICIPAL CODE RELATING TO UNDERGROUND UTILITIES.
Mr. Altman stated that the City Attorney had asked that this ordinance be tabled to a
time uncertain.
Councilman Snyder moved to TABLE Ordinance No. 613. Motion was seconded by
Benson and carried by unanimous vote of the Council.
For Adoption:
A. ORDINANCE NO. 610 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE
AMENDMENT TO SECTION 25.18.030TO ALLOW OFFICE PARKING LOTS AS
A CONDITIONAL USE WITHIN THE R-2 (7) ZONE WHEN ADJACENT TO
OFFICE PROFESSIONAL ZONES AND CONSISTENT WITH
RECOMMENDATIONS OF A SPECIFIC PLAN. CASE NO. ZOA 90-2.
Mr. Altman stated that no changes had been made since introduction of this ordinance,
and he recommended its adoption.
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Councilmember Benson moved to waive further reading and adopt Ordinance No. 610.
Motion was seconded by Snyder and carried by unanimous vote of the Council.
B. ORDINANCE NO. 6U - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE
PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM R-2(7) TO
O.P. (OFFICE PROFESSIONAL) FOR TWO LOTS SHOWN ON EXHIBIT "B"
ATTACHED. CASE NO. Ca 90-4.
Mr. Altman noted that no changes had been made since introduction of this ordinance
and recommended its adoption.
Councilman Wilson moved to waive further reading and adopt Ordinance No. 611.
Motion was seconded by Benson and carried by unanimous vote of the Council.
IX. CONSENT ITEMS HELD OVER
E. CLAIM NO. 147 AGAINST THE CITY by Mr. and Mrs. L. E. Holmgren in the Amount
of $300 for Alleged Destruction of a Sign.
Councilman Wilson stated that the letter attached to the staff report indicated that the
notification sent by certified mail had been returned to the City as undeliverable. He
asked that staff, in the future, notify Council if a person affected by such a decision is
not able to be contacted. In addition, the writer of the letter indicated he had been
advised that City staff was too busy to make telephone contact. He said he felt any time
staff is unable to contact someone through certified mail, an attempt should be made to
contact that person through regular mail, telephone, etc.
Mr. Altman agreed.
MR. LARRY HOLMGREN spoke as the r"....t3 owner and said he had driven by his
lot and found it cleared before ever receiving any notification. He said he also noticed
that a $300.00 sign was missing from the lot. He added that as a contractor he routinely
received certified mail at a post office box in Sky Valley and had never until this time
had any problems. He suggested that the City either: 1) Mail a first-class letter at the
same time as the certified letter; or 2) Send a letter by first-class mail and then five days
later send another by certified mail if no response is received from the first mailing. He
said he had never received any notification that his sign was illegal, felt there was no
reason to remove it, and asked that the Council consider some compensation.
Upon question by Councilman Wilson, Mr. Holmgren responded that the sign was four
feet by eight feet on two metal posts and was painted. He added that it indicated the
would build to suit, was for sale or lease, and included his name.
Councilman Snyder asked if there was ever any sign from the City indicating a
requirement to clean the lot. Mr. Holmgren responded that he did not know of any
sign.
Senior Code Compliance Officer Wayne Ramsey stated that Code Compliance Officer
Bob Smith had assured him that there was no sign as described by Mr. Holmgren on the
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site at any time and that a City of Palm Desert sign had been posted indicating the
City's intent to abate the lot.
Councilman Wilson moved to continue this matter to the meeting of September 13,1990,
and asked that staff look into the circumstances of the letter and the claim that the sign was removed
and report back to Council with a recommendation. Motion was seconded by Benson and carried by
unanimous vote of the Council.
S. REQUEST FOR APPROVAL of Contract No.00-470 with Artist Rafe Affleck to Create
Two Fountains for the Civic Center Entryways, One on Fred Waring Drive and the
Other on San Pablo.
Councilmember Benson stated that she did not notice in the staff report any mention of
whether or not the water to be used in the fountain would be recycled. Mr. Folkers
responded that it would be recycled.
Mr. Diaz stated that the request for approval of the contract was being withdrawn as a
result of additional cost information received and reviewed by the Art -In -Public -Places
Subcommittee. He said that at the time the report was written, the cost for the two
fountains was estimated at approximately $200,000, not including reconstruction. He
reviewed a memorandum from Associate Planner Catherine Sass which indicated that
the Director of Building and Safety and the Project Contract Administrator had met and
determined that with the reconstruction estimates, the total cost of the two fountains
would be in excess of $400,000, not including landscape changes. He said that when this
information was presented to the Art -In -Public -Places Subcommittee, the members felt
the costs outweighed the benefits and voted to withdraw the recommendation. He
apologized to the Council for the lateness of Ms. Sass's memorandum.
No Council action was required or taken on this matter.
X. NEW BUSINESS
A. REQUEST FOR APPROVAL OF STAFF RECOMMENDATION FOR
INTERSECTION CONTROL CHANGE AT PLAZA WAY AND PLAZA DRIVE.
Mr. Folkers reviewed the staff report, noting that complaints had been received regarding
this particular intersection and that warrants had been met for a four-way stop sign. He
said staff was concerned that if the controls were not installed at this location soon, there
would be more problems once winter comes and more people travel through that area.
He added that staff was working with Chazan on a two-way driveway at the Von's
entrance but that it was a slow process; if the circulation is then improved, the four-way
stop could be removed. He said staff would recommend approval of the traffic control
change from a two- to four-way stop with the understanding that the situation be
monitored and if the need arises to accommodate more than one travel lane (due to
potential traffic back up to Highway 111), such a change would be made at a later date.
Councilmember Benson said that her office was close to this intersection and that she
knew of the situation. She said she felt the stop sign and striping would make the traffic
flow much easier.
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Councilman Snyder moved to, by Minute Motion, approve the staff recommendation for
a change from a two-way to a four-way stop control at the intersection of Plaza Way and Plaza Drive.
Motion was seconded by Wilson and carried by a vote of 3-1-1, with Councilmember Benson voting
NO and Councilman Kelly ABSENT.
Councilmember Benson stated she had voted against this because she felt the striping
should be done now and that a right -turn lane should be put in. Mr. Folkers responded
that the stop signs would be put in immediately and that restriping would be done as
soon as certain statistical information was received.
B. REOUEST FOR APPROVAL OF PROPOSED REVISION TO BELLA VISTA LAND
USE PLAN.
Mr. Diaz reviewed the staff report, noting that Westinghouse wished to revise the land
use plan by constructing 27 estate lots in the original 350-acre open space lot, bringing
the total number of units to 311. He said the open space dedication to the City would
be reduced to 326 acres, while the area left undisturbed natural desert would be 371
acres. He added that staff would recommend approval of this revision.
Upon question by Councilman Wilson, Mr. Diaz responded that the development would
conform with the hillside overlay standards.
Mayor Crites stated that he had met that afternoon with Mr. Graham of Westinghouse
and the City Attorney. He said Westinghouse had agreed to go with 308 of the 311 lots,
reserving three until the City can assess the performance of the hillside lots.
Mr. Erwin suggested that Council approve the proposed revision in concept, and he
would prepare the necessary documentation for this revision.
Councilman Wilson said he had noticed in the materials that Westinghouse had rather
stringent development standards throughout the development, right down to as mailbox
design, etc. He asked for some kind of special sensitivity in these lots, even to go so far
as to use rock exteriors or colors that would blend with the mountainside.
Mayor Crites stated that this had already been included. He added that he and
Councilmember would also suggest that the Westinghouse standards be examined for
incorporation in the City's hillside ordinance.
Councilman Wilson agreed and said he felt this was something that should be done
posthaste.
Councilman Snyder stated he felt very fortunate to have a company willing to meet the
City's standards and, in many cases, exceed those standards. He moved to, by Minute Motion, approve
the request for a proposed revision to the Bella Vista land use plan. Motion was seconded by Benson.
Mayor Crites expressed appreciation to Westinghouse and said he felt this company had
set a standard in terms of sensitivity to the environment that he would feel comfortable
in saying that no other project in the Valley had ever come close to doing.
Mayor Crites called for the vote. Motion carried by unanimous vote of the Council.
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C. REOUEST FROM THE PALM DESERT COMMUNITY THEATRE FOR A
DONATION OF SPACE.
Mr. Diaz reviewed the staff report and recommended that staff be directed to meet with
representatives of the Palm Desert Community Theatre to discuss their needs and
determine possible alternative solutions to meet those needs. He stated that staff would
also be working with the Civic Arts Committee on this matter.
Councilman Wilson moved to, by Minute Motion, direct staff to meet with representatives
of the Palm Desert Community Theatre to discuss their needs and possible alternative solutions.
Motion was seconded by Benson and carried by unanimous vote of the Council.
D. REQUEST FOR APPROVAL OF A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT FOR THE PROPOSED LIBRARY.
Mr. Diaz reviewed the staff report and recommendation and offered to answer any
questions.
Councilman Wilson moved to, by Minute Motion, approve a Negative Declaration of
Environmental Impact for the proposed Civic Center Library. Motion was seconded by Snyder and
carried by unanimous vote of the Council.
E. $EDUEST FOR CONSIDERATION OF AN APPEAL BY SHIRLEY CUBBISON,
SPORTS FEVER, TO A DECISION OF THE ARCHITECTURAL REVIEW
COMMISSION APPROVING A BUSINESS IDENTIFICATION SIGN SUBJECT TO
DELETION OF ONE LINE OF COPY.
Mr. Diaz reviewed the staff report, noting that the Architectural Review Commission had
denied the request because of the amount of copy and the color of the lower line of copy.
He said the applicant felt she needed the additional copy because "Sports Fever" did not
reflect what the business actually does. He noted that in June, the business name was
officially changed from "Sports Fever" to "Sports Fever - Skates, Boards, Surf, Action
Wear". He said one of the things staff would be coming back to the Council with in
terms of signage and the entire issue of content and copy was that we may be
inadvertently encouraging people to change their business names to achieve the signage
they want. He said staffs recommendation was that the Council uphold the decision of
the Architectural Review Commission and deny the request for the following reasons:
1) The sign appears cluttered with the lower line of copy; and 2) The red color of the
lower line of copy is not compatible with other signs on the building.
Councilman Wilson said he had noticed that the original sign was too large and that the
applicant had proposed to cut it down to comply with the ordinance. He asked whether
this sign was constructed in such a way that the objectionable line could be cut off and
the existing sign used.
Mr. Diaz responded that he believed it could be done and that the area requirements
could be met.
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Mayor Crites stated that when the existing sign ordinance was passed, it was suggested
that some of the issues be reviewed after a certain period of time. He said the issue of
menu signs is one that is high on the list of priorities for the task force to discuss with
Council. He said his inclination was to support the Architectural Review Commission
because it is doing exactly what the sign ordinance requires; however, he agreed that this
was a real issue that needed to be discussed and solved.
Councilman Wilson asked staff if it would be possible, since this was an existing sign, to
permit the temporary installation pending the outcome of the Sign Committee's
deliberations on the issue, with the appellant taking the chance that the sign would have
to come down at a later date.
Councilman Snyder asked whether the sign was too large for this location.
Mr. Diaz responded that the sign could be cut down and that what Councilman Wilson
had suggested was something that had been done in the past.
MRS. SHIRLEY CUBBISON addressed the Council as the appellant and said she would
be willing to take the chance that her sign would have to come down at a later date. She
added that she would have the sign cut down to be of legal size for the store frontage.
Mr. Erwin asked that this be put in writing and suggested that Council's action be to hold
its decision in abeyance and allow the temporary installation of the sign, awaiting the
outcome of the Committee's determination and decision by the City Council to modify
or not to modify the sign ordinance.
Councilman Wilson moved to, by Minute Motion, approve the temporary installation of
the sign, reduced to meet the City's area requirements, pending review and reconsideration of the sign
ordinance by the City Council and subject to the appellant's execution of the appropriate paperwork
agreeing to remove the sign at a later date if so determined by the City Council. Motion was seconded
by Snyder and carried by unanimous vote of the Council.
F. REQUEST FOR APPROVAL OF THE ESTABLISHMENT OF PROJECT AREA
NO. 3.
Mr. Ortega reviewed the staff report and recommendation. He offered to answer any
questions.
Councilman/Member Wilson moved to: 1) Approve the proposal as submitted by
Rosenow Spevacek Group, Inc./Cotton Beland Associates, Inc., for consulting services in the
establishment of Project Area No. 3; 2) Authorize the Executive Director to execute Agreement No.
RD-473 with Rosenow Spevacek Group/Cotton Beland Associates for such services; 3) Waive further
reading and adopt City Council Resolution No. 90-12, establishing a Redevelopment Revolving Fund;
4) Waive further reading and adopt Redevelopment Agency Resolution No. 232 for the transfer of
funds in the amount of $240,000.00 to the Palm Desert Redevelopment Agency for the development
of the Project Area. Motion was seconded by Snyder and carried by unanimous vote of the
Council/Agency Board.
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G. INFORMATIONAL ITEMS:
1. Palmer CableVision Update.
Mr. Ortega stated that he had nothing new to report to Council at this time.
2. Update on Tri-Cities Sports Facility.
Mr. Diaz stated that he had just received the topography information for Frank
Urrutia to complete the study and that it should be available for Council at its
next meeting.
3. Median Modification Along El Paseo Drive, West of Highway 74.
Mr. Folkers reviewed his memorandum and stated that staff would be bringing
a report and recommendation to Council in September.
4. "Median and Open Space Landscape, A Design to Match the Desert."
Mr. Wohlmuth reviewed his memorandum and showed a video which he said was
produced for the Helen Putnam Award presentation at the League of California
Cities annual meeting. He also showed several of the photos which would be
included on the presentation table at the League meeting. He added that College
Intern Doug Allen had done a lot of work on the video, both on City time and
on his own.
Councilman Wilson said he felt the video was very nicely done.
Councilmember Benson agreed, and Councilman Snyder said it was worth waiting
for.
XI. CONTINUED BUSINESS
A. CONSIDERATION OF AN APPEAL BY LOBLAND-WARING REALTY, INC. TO
A DECISION OF THE BUILDING BOARD OF APPEALS & CONDEMNATION
DECISION TO DENY INSTALLATION OF A SPIRAL STAIRWAY AT 73-350 EL
PASEO, PALM DESERT. (Continued from the Meeting of July 26, 1990)
Mr. Conlon reviewed his report, noting that staffs recommendation was to deny the
appeal.
Councilman Wilson stated that at the last meeting Council had asked staff to look at two
things: 1) the issue of whether or not there was a pending change to the Uniform
Building Code dealing with spiral stairways; and 2) whether or not the City of West
Covina had approved a similar stairway, as stated in the letter from Mr. Mitchell Cohen
of The Iron Works.
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Mr. Conlon responded that as far as he knew, there were no proposed changes to
Chapter 33 of the UBC at this time. He said the code change process was lengthy but
offered to submit a code change to Chapter 33 at the annual International Conference
of Building Officials in Denver next month. However, he said this would not be heard
or voted on until the meeting in September, 1991. With regard to the second issue, he
said he had called the City of West Covina and found that no approval had been given
for spiral stairways other than for residential use.
Councilman Snyder asked if there was any way to appeal this matter to whatever office
has jurisdiction over the State Building Code. Mr. Conlon responded that the City is the
enforcing agency in this matter and that the State would just refer it back to the local
jurisdiction.
Mayor Crites stated that the material included in the packets indicated that the City of
Los Angeles allows such stairways and that he had, therefore, asked the City Attorney
to look into the matter to see if the City of Palm Desert could do the same.
Councilman Wilson asked that the City Attorney also comment on the "Assumption of
Risk Agreement" used by the City of Los Angeles and attached to the back of the staff
report.
Mr. Erwin responded that because the City of Los Angeles was a charter city, it was not
governed by the Uniform Building Code as general law cities were. He said he had
looked at the documentation included in the packets and that apparently such spiral
stairways were permitted in Los Angeles. With regard to the "Assumption of Risk"
agreement, he said it did not really address itself to this issue. He said the agreement
stated that if a zone change was not ultimately approved, the applicant would agree to
remove the structure. He said there was a second agreement attached which he
understood addressed the issue of allowing occupancy when some construction item or
maintenance item is incomplete. He added that neither addressed itself to a hold
harmless indemnification for what appeared to him to be a violation of the Building
Code.
Upon question by Councilman Wilson regarding the August 17, 1990, letter to Jim
Lobland from Jeff Lilley, the insurance carrier, Mr. Erwin responded that he disagreed
with the second paragraph and did not believe the letter or the Council's denial of the
stairway imposed any additional liability on the City.
Mayor Crites asked whether it was the opinion of the City Attorney that one cannot be
held harmless from a deliberate violation of the Uniform Building Code, and Mr. Erwin
agreed.
MR. JIM LOBLAND addressed the Council and said that up until June 6th, when the
contractor was turned down for a permit for the stairway, he was led to believe that there
was no problem with such a structure. He noted that there were many other cities that
did allow spiral stairways, including San Bernardino, Los Angeles, Chino, Banning, and
Montclair.
13
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Mayor Crites stated that what the City of Los Angeles can or cannot do, right or wrong,
had no bearing on what the City of Palm Desert can do. He suggested, though, that the
other cities mentioned be looked at to see what application they have. He said this was
not an issue of how wide the staircase is, whether or not employees would safer, etc. The
issue was that the State Legislature says, in the City Attorney's opinion, that the City of
Palm Desert does not have the right to waive or give a variance to portions of the
Uniform Building Code. However, if other cities had found a way to do so in a way
that is acceptable with their attorneys and protects them, he would be willing to consider
it. He said he personally had no problem with the stairway and felt it was beautiful and
not dangerous, but it was against the law.
Councilman Wilson said he would like for the City Attorney to address the issue of safety
since the purpose of the Uniform Building Code is to protect the citizens. He said there
were many arguments that this was not a primary stairway and would be used only by
employees, not customers. In addition he asked that the City Attorney determine if there
are any extenuating circumstances which would allow the granting of a variance if in the
Council's judgment a safer condition is being created.
Councilman Wilson moved to, by Minute Motion, continue this matter to the meeting
of September 13, 1990, and direct the City Attorney and staff to continue exploration of the issues
discussed above. Motion was seconded by Snyder and carried by unanimous vote of the Council.
B. REQUEST FOR APPROVAL OF CIVIC CENTER ADDITION. (Continued from the
Meetings of June 28 and July 26, 1990.)
Mr. Altman spoke on behalf of the Civic Center Remodel Committee and stated that
everyone recognized the need for additional space. He expressed appreciation to
Building Director Pat Conlon for his efforts in working with staff and preparing the
report regarding future staffing and space needs. He said there were several ways to go
with this remodel, such as building out to the future master plan, building a shell, or
phasing the project as needed. He said that whatever is decided, it would take at least
two years to complete. He added that the Committee suggested at the very minimum
keeping the Administrative Building basically the way it is without making any major
changes but adding on a new wing and moving the following departments:
Redevelopment, Economic Development, Personnel, and Finance. In addition, minor
modifications needed to be done to the Community Services Building, especially the
Public Works and Code Enforcement Departments. He said approximately $2.8 million
had been budgeted to cover 10,000 square feet on each side of the existing buildings.
Councilman Wilson thanked Mr. Conlon for his report and gathering the data requested
by Council at its last meeting.
Councilmember Benson stated she felt everyone recognized the need for additional space
and that something definitely has to be done to give employees the room they need to
work and concentrate.
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REGULAR MEETING OF T PALM DESERT CITY COUN AUGUST 23, 1990
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Councilman Snyder said he understood Councilman Wilson's concerns about constructing
a building and then finding a reason to fill it; however, he felt it was important to plan
for the future.
Mayor Crites said he did not want to have to come back in six or seven years and tear
up the building again to expand. He said that after talking to construction people, he
felt the best thing to do in order to save money would be to build a rough frame and not
put in the floor or walls until the space is actually needed. He agreed with Councilman
Kelly that recycling provisions should be considered in any addition and added that this
would also be a good opportunity to bring the art in public places process into existence
at the beginning of the process and bring an artist and architect on board.
Upon question by Councilman Wilson, Mayor Crites responded that if the Civic Center
is going to be expanded, both wings should be done at the same time.
Councilman Wilson questioned staffs report regarding the ratio of employees to citizens
and said he felt that with the exception of Palm Springs and Rancho Mirage, the 222 to
1 ratio was rather high in relationship to the rest of the Valley. He expressed concern
that if the space is built, it will be filled. He had no problem with the concept of
building a shell and not putting in the floor until the space is needed. However, he said
he would feel more comfortable in doing only one wing at this time; when staff begins
to move into the unfilled portion, then construction of the other wing should begin.
Mr. Altman responded that the Committee had considered this suggestion but felt rather
than construction one large building on one side, it would be better to build two smaller
buildings that would be approximately the same total size.
Councilmember Benson stated that the Committee had looked at leaving the present
building intact and adding a building to the north. This building would be called the
Developmental Services wing and would have its own entrance and small reception area.
Mayor Crites added that the City could potentially reach its year 2000 projected
population in the next 12 months by annexations, which would require more employees
to service that increased population.
Councilman Snyder moved to, by Minute Motion: 1) Approve the proposal from John
Outcault, Architect, for the preparation of working drawings and bidding administration for the
proposed Civic Center office additions; 2) Appropriate $41,800.00p1us 10% contingency of $4,180.00
from the unallocated Construction Tax Fund for the preparation of the Administration wing working
drawings; 3) Appropriate $41,800.00 plus 10% contingency of $4,180.00 from the unallocated
Construction Tax Fund for the preparation of the Community Services wing working drawings; 4) Upon
completion of the working drawings, authorize staff to proceed to advertise for bids and report back
to Council with the recommendation on the lowest responsible bid, amended to include those
provisions of the Civic Center Remodel Committee as stated by Councilmember Benson. Motion was
seconded by Benson and carried by a 3-1 vote, with Councilman Wilson voting NO.
15
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REGULAR Mraiwvu OF THE PALM DESERT CITY COUNCIL AUGUST 23, 1990
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XII. OLD BUSINESS
A. REQUEST FOR RECONSIDERATION OF ACTION TAKEN DEALING WITH THE
EL PASEO STREET LIGHTS.
Mr. Shillcock stated that at its meeting of June 28, 1990, the Council directed staff to
advise the El Paseo Business Association of its action to extend the street lights from
Portola Avenue east to Highway 111 and from Highway 74 west to Highway 111. He said
the Association had no desire to jeopardize the program and, therefore, concurred
unanimously. He stated that Council's action was also discussed with the El Paseo
Streetscape Committee, which felt the Council should reconsider its action and limit the
installation of the lighting fixtures to the area between Portola Avenue and Highway 74.
Councilman Wilson moved to, by Minute Motion, reconsider the action taken by Council
at its June 28, 1990, meeting and adopt the original recommendation of the Committee. Motion died
for lack of a second.
Mayor Crites stated he felt this was no longer the recommendation the Committee would
have.
Mr. Shillcock said he had met with a lighting consultant with Southern California Edison
Company, who advised that the fixtures could be done in a combination of singles and
doubles, some with one light only and some with two lights.
Mayor Crites stated the essence was that the center of El Paseo, from Portola to Highway
74, would be done with double fixtures and have singles from Portola to Highway 111
and from Highway 74 to Highway 111. If some time in the future the Council wishes to
have doubles along the entire street, the tops of the fixtures could be changed. He said
the big expense was the installation of the poles.
Upon question by Councilman Wilson as to whether this suggestion was presented to the
Committee, Mayor Crites responded that one of the Committee members in opposition
to Council's action was in the audience and had agreed with this new suggestion.
MR. DUKE BAKER, 73-435 Agave, addressed the Council as a member of the El Paseo
Streetscape Committee and said the members had been disappointed to learn of the
Council's action to use the lighting for the entire strip. He said he had spoken with two
of his colleagues by telephone and though they would rather have the lighting just from
Highway 74 to Portola Avenue, they did not wish to be difficult and had agreed to the
compromise as stated by Mayor Crites.
Councilman Wilson stated that the original request was to give special identification to
the El Paseo shopping strip and also provide lighting to make it user friendly for night
walking. He said he supported the suggestion to go all the way from Highway 111 to
Highway 111 but felt the same set of circumstances did not exist from Portola east to
Highway 111 and Highway 74 west to Highway 111 because people do not walk those
16
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REGULAR MEETING OF : PALM DESERT CITY COUNT AUGUST 23, 1990
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portions of El Paseo. He expressed concern that money would be spent that was not
really needed at this point.
Mayor Crites responded that the idea was to create an atmosphere leading onto El Paseo
and that most people entered the El Paseo area from Highway 111. In addition, he felt
restaurateurs directly to the west of Highway 74 would enjoy being thought of as a place
to move in terms of pedestrian ambience.
Councilmember Benson agreed and stated she felt the lighting would give some dignity
to the El Paseo entrances. She added that the section from Highway 74 to Highway 111
was not a very large strip anyway.
Councilman Wilson suggested approving the street lights from Highway 74 east to
Highway 111 and deferring the section from Highway 74 west to Highway 111 until after
completion of the master plan for the area.
Councilman Wilson moved to, by Minute Motion, reconsider action taken by Council at
its June 28th meeting and approve double light fixtures from Highway 74 to Portola Avenue and single
light fixtures from Portola Avenue east to Highway 74. Motion was seconded by Benson.
Mayor Crites suggested an amendment to also approve single light fixtures from Highway
74 west to Highway 111, said fixtures to be installed after the master median plan for the area is
completed.
Councilman Wilson said he would accept the friendly amendment if the wording were
changed to reflect that Council would consider installation of the single lighting for that portion of El
Paseo as part of the master plan for the area. Mayor Crites agreed.
Councilmember Benson accepted the amendment. Motion carried by unanimous vote
of the Council.
B. CONSIDERATION OF PRIORITIES FOR COUNTY -WIDE RECREATION
ASSESSMENT DISTRICT.
Mr. Altman noted there was a report and recommendation in the packets and that Mr.
Diaz would answer any questions.
Mayor Crites said it was his understanding that the projects designated as A, B, and C
in the staff report were not necessarily in order of priority but that they were just the
three projects to be submitted to the County. Mr. Diaz agreed.
Councilmember Benson moved to, by Minute Motion, direct staff to submit the following
priorities: A) Tri-Cities Sports Complex; B) hillside open -space acquisition and trail developments;
3) establishment of a desert interpretive center. Motion was seconded by Wilson and carried by
unanimous vote of the Council.
17
MINI TFS
REGULAR Ivir t i u4G OF THE PALM DESERT CITY COUNCIL AUGUST 23, 1990
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7GII. REPORTS AND REMARKS
A. CITY MANAGER
1. Cook Street Interchange
Mr. Altman stated he had received a letter from the Riverside County
Transportation Commission relative to a resolution dealing with the Cook Street
Interchange.
Councilman Wilson moved to add this item to the Agenda for Council consideration as
one which arose after the Agenda was posted. Motion was seconded by Snyder and carried by
unanimous vote of the Council.
Mr. Altman reviewed the letter and asked that Council authorize the Mayor to
sign the resolution.
Councilman Snyder moved to, by Minute Motion, authorize the Mayor to sign RCTC
Resolution No. 90-009, designating the Cook Street Interchange as a Measure "A"Project. Motion was
seconded by Wilson and carried by unanimous vote of the Council.
B. CITY ATTORNEY
Mr. Erwin requested a Closed Session pursuant to Government Code Section 54956.9(a)
and (b), pending and potential litigation (Shah vs. City of Palm Desert re:
undergrounding).
C. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Consideration of a Request by Riverside County Transportation Commission
for the Designation of the Congestion Management Plan (CMP) Agency.
Councilman Wilson moved to waive further reading and adopt Resolution No. 90-121
designating the Riverside County Transportation Commission to prepare the County Congestion
Management Program. Motion was seconded by Benson and carried by unanimous vote of the
Council.
2. Qpen Meeting Laws
Councilman Wilson stated that the Governor's budget had cut out provisions
for implementation of the open meeting laws. He asked that staff prepare
a resolution for the next meeting declaring the City Council's intent to
continue to fully enforce the open meeting provisions. Council concurred.
o City Council Committee Reports:
Mayor Crites distributed copies of two newspaper articles. The first was from the
Los Angeles Times and dealt with the record low first -stage smog alerts. He said
he felt the Air Quality Management District and Councilman Wilson's
.--
18
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REGULAR MEETING OF 7 PALM DESERT CITY COUN AUGUST 23, 1990
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participation in it deserved a large public "thank you". He said the second article
was from The Desert Sun regarding Palm Desert being a "Healthy City". He
thanked City Manager Bruce Altman and Environmental Conservation Manager
John Wohlmuth for their efforts in this regard to this program.
On behalf of the entire City Council, Mayor Crites wished City Clerk Sheila
Gilligan a warm "Happy Birthday".
XIV. ORAL COMMUNICATIONS - B
None
Mayor Crites recessed the meeting at 6:10 p.m. for dinner. He reconvened the meeting at 7:00
P.m.
XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
None
XVI. ORAL COMMUNICATIONS - C
None
XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION OF CERTIFICATES OF RECOGNITION TO PARTICIPANTS IN
THE STUDENT SUMMER WORK PROGRAM.
Mayor Crites presented Certificates of Appreciation to the students participating in the
City's Summer Work Program as follows: Doug Allen, Simone Boswell, Rebekah Broder,
Gil Hernandez, Paul Martin, Pat Ortiz, and Rathna Rao. On behalf of the Council and
City staff, he thanked the students and said the City's doors would always be open and
that he hoped they would feel free to come back and visit.
He thanked Personnel Assistant Gloria Darling for her willingness and efforts in making
this program work.
Mayor Crites also presented a key to the City and a lapel pin to Jason Jordan, an 18-
year-old Rotary Club International exchange student from Tamworth, England. He said
for the past three weeks, Mr. Jordan had been staying with the Walker family in Palm
Desert. He expressed the Council's best wishes during his stay in the Coachella Valley.
B. PRESENTATION BY THE COACHELLA VALLEY WATER DISTRICT RELATIVE
TO WATER CONSERVATION.
Mr. 011ie Cook and Mr. Dave Harbenson of the Coachella Valley Water District
presented a plaque and certificate of appreciation to the City Council and Public Works
Director Richard Folkers for setting a good public example of water efficient landscaping
throughout the City of Palm Desert.
19
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REGULAR MEETING OF THE PALM DESERT CITY COUNCIL AUGUST 23, 1990
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C. APPOINTMENT OF MEMBER TO THE CIVIC ARTS COMM111 t& TO FILL THE
VACANCY CREATED BY THE RESIGNATION OF MARIE GEOFFREY.
Councilmember Benson moved to, by Minute Motion, appoint Mrs. Janet Abrams to the
Civic Arts Committee to fill the vacancy created by the resignation of Marie Geoffrey. Motion was
seconded by Snyder and carried by unanimous vote of the Council.
XVIII. PUBLIC HEARINGS
A. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DENIAL OF
A LOT SPLIT 300 FEET WEST OF THE SUNROSE LANE SOUTHERLY
TERMINUS. ICED T PHILLIPS. APPELLANT. (Continued from the meeting of July
26, 1990.)
Mr. Diaz reported that this matter had been continued from the meeting of July 26,1990,
in order to allow members of the Council to examine the lot that is being considered for
the lot split. He said staffs recommendation continued to be to affirm the decision of
the Planning Commission and deny the appeal.
Mayor Crites noted that the public hearing was still open and invited testimony from the
applicant.
MR. DAN JOHNSON of Schlecht, Shevlin & Shoenberger, 801 East Tahquitz,
Palm Springs, addressed the Council and stated that he was representing Mr. and
Mrs. Lademan, owners of Lot 19, the pi,,pc.. ty in question. He reviewed his letter
of July 19, 1990 (on file and of record in the City Clerk's Office). He said it had
been noted in prior hearings that this was subject to the CC&R's of
Ironwood Country Club; however, there were no restrictions in those CC&R's
regarding subdividing the lots. He pointed out that the two lots, after the division,
would each be larger than many of the existing lots in the area.
Mayor Crites stated that the lot split requested would make one lot 20,000 square
feet. The other lot would be 33,000 feet; however, if the road is taken out, which
is useless in terms of this lot, it would be 20,000 square feet as well. Therefore,
the lot split would result in two lots at the absolute 20,000 foot minimum.
Mr. Johnson agreed.
MR. KENT PHILLIPS, P.O. Box 3911, Palm Desert, offered to answer any
questions.
Mayor Crites invited testimony in FAVOR of or OPPOSED to this request.
MS. GLORIA PE:11'1O, 49-425 JFK Trail, Palm Desert, spoke in favor of the
project. She said she did not feel having two houses on 1.25 acres would create
any kind of problems.
MR. JAN JANURA, 49-335 Sunrose Lane, spoke in OPPOSITION to the lot split,
noting that when he purchased his home, he was never made aware of the
potential lot split next to his property. He said Mr. Lademan had contacted him
20
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REGULAR MEETING OF " PALM DESERT CITY COUNC AUGUST 23, 1990
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for approval when he decided to split the lot, and he told him that he would not
give his approval. He said he had attended the Ironwood auction when lots
became available, and there were many vacant smaller lots available. He added
that if Lot 19 was intended to be smaller, it would have been made into two lots
instead of one large lot. He was opposed to the lot split because it would diminish
the value of his lot and others in the area.
MR. JAMES D. BROWN, 49-400 Della Robia, Palm Desert spoke in
OPPOSITION.
MRS. SHIRLEY LADEMAN spoke in FAVOR and said this particular lot was
not available and bought at the auction. It was purchased prior to the auction.
Mayor Crites declared the public hearing closed and asked for Council comments.
Benson; Said she had been one who asked for a continuance in order to look at
the lots. Said it was her conclusion after looking at the size of the lots and homes
in the area that it would be an injustice to put two homes on this lot.
Wilson: Agreed and said the current configuration of the lot was compatible with
the neighborhood.
Snyder: Agreed and said he felt the purchasers of the lot knew what they were
buying and knew they were buying in a area with similar size lots. He felt it would
be an injustice to grant the lot split.
Crites: In order to achieve the findings to justify a lot split, one of the issues is
compatibility with the surrounding neighborhood. Felt these lots when split were
minimum lots and not compatible with adjacent property owners, even if an
adjacent property owner chooses not to object. Felt homes on the size of the lots
being proposed could significantly depreciate the existing homes in the area.
Councilman Wilson moved to waive further reading and adopt Resolution No. 90-103,
affirming the Planning Commission decision and denying the appeal. Motion was seconded by Benson
and carried by unanimous vote of the Council.
B. CONSIDERATION OF A REQUEST FOR STREET VACATION ON PALM DESERT
DRIVE NORTH/ALESSANDRO DRIVE AT PORTOLA AVENUE.
Mr. Folkers reviewed the staff report and recommendation.
Mayor Crites declared the public hearing open and invited testimony in FAVOR of or
OPPOSED to this street vacation.
MR. RICHARD OLIPHANT, 77-900 Avenue of the States, Palm Desert, spoke
as the applicant and said this was the final legislative step necessary to begin
correcting the traffic problems at the intersection of Palm Desert Drive North and
Alessandro Drive at Portola Avenue. He offered to answer any questions.
With no further testimony offered, Mayor Crites declared the public hearing closed.
21
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REGULAR MEETING OF THE PALM DESERT CITY COUNCIL AUGUST 23, 1990
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Councilman Snyder moved to: 1) Waive further reading and adopt Resolution No. 90-
11 , vacating a portion of public right-of-way known as Palm Desert Drive North and Alessandro
Drive; 2) By Minute Motion, authorize the Mayor to execute grant deeds as may be necessary to
transfer vacated property. Motion was seconded by Benson and carried by unanimous vote of the
Council.
C. CONSIDERATION OF A REQUEST BY DESERT CAB COMPANY FOR A RATE
INCREASE.
Mr. Wayne Ramsey, Senior Code Compliance Officer, reviewed the staff report and
recommendation to deny the requested rate increase.
Mayor Crites declared the public hearing open and invited testimony in FAVOR of or
OPPOSED to this request.
MR. BILL MEYERS, A -Valley Cabousine, addressed the Council and stated he
felt it was ludicrous to request an increase to $2.70 per mile. He said he did not
feel the citizens of Palm Desert should have to pay such a rate.
MR. ALLAN REICHLE, Manager of Desert Cab Company, said the fact
remained that his firm needed this rate increase because of the 15.1 % increase
in gas prices in the last 30 days alone. He said he felt enough information had
been submitted to show the Council that the rate increase was necessary.
With no further testimony offered, Mayor Crites declared the public hearing closed.
Councilman Wilson said it was just a short time ago that the Council approved
the regulation of cabs. It was his understanding that Desert Cab Company had
agreed it could live with the rates set at that time. He said he did not see enough
to justify an increase of this magnitude.
Mr. Reichle responded that it was not his testimony but was that of his competitor.
Councilman Wilson said he thought Mr. Reichle had been in the audience when
the Council approved the rates. He said he thought Mr. Reichle had indicated
the rate was sufficient at that time but that his firm might be applying for a rate
increase with the City of Palm Springs. He added that it was also his
understanding that the rate increase had been denied by the City of Palm Springs.
Mr. Reichle agreed that he had advised the Council at that time that the firm
would be applying for an increase and that it was, in fact, still before the City of
Palm Springs.
Councilman Wilson moved to, by Minute Motion, deny the request and maintain rates
at the current established level. Motion was seconded by Benson and carried by unanimous vote of
the Council.
22
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REGULAR MEETING OF 3 PALM DESERT CITY COUNT AUGUST 23, 1990
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D. CONSIDERATION OF AN APPEAL BY PETER DELUCA OF A PLANNING
COMMISSION CONDITION ON A 16-LOT TENTATIVE MAP RESTRICTING ALL
LOTS TO ONE STORY, 18 FEET, AND SIDE YARD SETBACKS TO EIGHT FEET
MINIMUM, 20 FEET TOTAL.
Mr. Drell reviewed the staff report, noting that the Planning Commission had denied the
request for some two story units along the west boundary of the tract and had restricted
all lots to one story.
Upon question by Mayor Crites, Mr. Drell confirmed that the applicant had first
requested approval of two-story units, had then withdrawn the request, and was now
appealing the Planning Commission decision to restrict all lots to one story.
Mr. Drell stated that another issue of appeal dealt with setbacks. He said lots that were
less than 10,000 square feet had different setback standards than those greater than
10,000 square feet. Although the lots in this project were larger than 10,000 square feet,
the applicant was requesting that the standards for lots less than 10,000 square feet apply
to this project because the lots are narrower and deeper than typical R-1 10,000 lots
which have a minimum 90-foot width. He said these lots would have 77-foot widths and
were more consistent with the R-1 8,000 standards. He added that if the condition would
have to be changed in the resolution if Council approved the change in setback standards
as requested.
Mayor Crites declared the public hearing gpen and invited testimony in FAVOR of this
request.
MS. KAY SCHURKENS, Engineering Service Corporation, 72-780 El Paseo,
spoke as one of the applicants and stated that when Mr. Deluca had been asked
by the Planning Commission whether or not he wished to withdraw his application,
he had misunderstood and thought the Commission would deny the entire project
if he did not do so. She asked that Council approve the request for two-story
along the west boundary of the tract adjacent to Tract 25945.
MR. PETER DELUCA, 43-500 Old Harbour, Bermuda Dunes, reiterated that he
had understood the Planning Commission would deny his project if he did not
withdraw his request for two-story. He said he realized afterwards what had
happened and, therefore, filed the appeal. He added that he did not feel his
request for two-story was unreasonable because the developer to the west had no
objections.
With no further testimony offered, Mayor Crites declared the public hearing closed.
Councilman Snyder stated he had watched the development of the City and many
10,000 square foot lots. All were able to put homes on those lots and
accommodate the City's requirements for setbacks and side yards. He said he
could not see any justification in granting this variance.
Upon question by Mayor Crites, Mr. Drell responded that he was not sure what
the primary reason was for the Planning Commission's denial of the two-story
element.
23
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REGULAR MEETING OF THE PALM DESERT CITY COUNCIL AUGUST 23, 1990
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Councilman Wilson expressed concern not just with this particular parcel but with
the philosophy in approving two-story. He asked that staff and the Planning
Commission revisit the entire concept of single story versus two-story in small
parcels.
Mayor Crites stated he felt the only reason there was a problem with this
development was because it was adjacent to another project that also had two-
story in it. If it was by itself, there would only be single story allowed throughout.
Councilmember Benson asked whether the adjacent developer had indicated he
would also build two-story units if this project were approved.
Mr. Drell responded that the adjacent developer had initially wanted two-story
throughout the entire project but that the Planning Commission had restricted it
to single story on the perimeters.
Councilman Wilson said he was concerned with the potential ripple effect where
if two-story is allowed in one place, it should also be allowed in another
development. He said he personally liked two-story homes but felt the entire PR-
5 zoning needed to be revisited.
Mayor Crites expressed concern with the five foot minimum side yard setbacks
and suggested instead that for this project a compromise be reached between the
standards for a 10,000 versus 8,000 square foot lot and require seven foot
minimum side yard setbacks.
Mr. Diaz responded that he had always had a problem with the total setbacks and
being able to have the setback on one side smaller than the other. He said he
felt it should be eight feet on each side for a total of 16 feet for the side yards.
Councilman Snyder agreed that the program needed to be looked at. However,
he expressed concern that codes are set for building in the City and then they are
not followed.
Councilman Wilson moved to waive further reading and adopt Resolution No. 90-114,
granting the appeal with modifications, including changing the side yard setback requirement to eight
feet on each side. Motion was seconded by Snyder and carried by unanimous vote of the Council.
Councilman Wilson asked whether a separate motion was necessary to direct staff
to begin the process of looking into the entire PR zoning. Mr. Diaz responded
that staff was clear on the Council's direction.
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REGULAR MEETING OF ' ' PALM DESERT CITY COUNC AUGUST 23, 1990
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E. REQUEST FOR APPROVAL OF A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT, CHANGE OF ZONE FROM R-1 (12,000) TO O.P.
AND A PRECISE PLAN FOR AN 8,600 SQ. FT. OFFICE COMPLEX, PARKING
LOT, AND GREENBELT BUFFER ON TWO LOTS EXTENDING FROM
MONTEREY AVENUE TO ACACIA DRIVE, 120 FEET SOUTH OF PARKVIEW
DRIVE. MICHAEL HOMME. APPLICANT.
Mr. Drell reviewed the staff report, noting that this project would complete the series
of buildings at Parkview and Arboleda. He stated that the Planning Commission had
unanimously recommended approval of the change of zone and precise plan.
Mr. Erwin stated that Public Works Condition i7 in Resolution No. 90-115 should be
changed to reference Chapter 25 of the Palm Desert Municipal Code instead of Sections
12.16 and 26.44.
Mayor Crites declared the public hearing open, and invited testimony in FAVOR of or
OPPOSED to this request.
MR. MICHAEL HOMME, 46-300 Desert Lily, Palm Desert, spoke as the applicant and
offered to answer any questions.
With no further testimony offered, Mayor Crites declared the public hearing closed.
Councilman Snyder stated that he liked the design of this project, especially with regard
to the parking lot. He added that he also liked the landscaping and the way it protected
the adjacent residential area.
Councilman Snyder moved to: 1) Waive further reading and pass Ordinance No. 614 to
second reading, changing the zone; and 2) Waive further reading and adopt Resolution No. 90-115,
approving PP 90-14 subject to conditions, with Public Works Condition /7 amended to reflect Chapter
25 of the Palm Desert Municipal Code instead of Sections 12.16 and 26.44. Motion was seconded by
Benson and carried by unanimous vote of the Council.
F. CONSIDERATION OF AN APPEAL BY BRUCE CLARK OF A PLANNING
COMMISSION DECISION DENYING A REQUEST FOR A SENIOR HOUSING
UNIT SOUTH OF DESERT LILY - 400 FEET WEST OF GRAPEVINE.
Mr. Diaz reviewed the staff report, noting that the basis for the Planning Commission's
denial of the proposed "granny flat" was incompatibility with the surrounding
neighborhood.
Councilman Wilson noted that one of the items of concern to the neighbors was the
possibility that this might become a rental unit some time in the future. He asked if it
would be possible to condition it so that for the life of the property, this unit could only
be used for guests of the owner and not as a rental.
Mr. Erwin responded that a condition could be recorded as part of the deed to the
25
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REGULAR MEETING OF THE PALM DESERT CITY COUNCIL AUGUST 23, 1990
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Councilman Wilson asked whether the concern about pad height had been resolved, and
Mr. Folkers responded that as far as Public Works was concerned, the pad height was
not an issue and the current elevation was appropriate.
Mayor Crites declared the public hearing open and invited testimony in FAVOR of or
OPPOSED to this request. The following spoke:
MR. BRUCE CLARK, 73-895 Saguaro Court. Said he had purchased the lot five years
ago with the intent to build his dream house. He noted that the granny flat would be
for his father and would allow him to live independently.
MR. MICHAEL HOMME, 46-300 Desert Lily, spoke in favor of the project.
MR. KENT ATTRIDGE spoke as the project architect.
DR. RALPH ZIMMERMAN, 73-025 Shadow Mountain Drive, expressed concern that
because the granny flat had separate utilities and meters, there was the possibility that
it could become a rental unit some time in the future and cause property values in the
neighborhood to go down. He said the City of Palm Desert regulations state that the
granny unit cannot be greater than 10% of the total coverage; with the 5,250 square foot
house plus the 800 square foot granny flat, the total coverage is more than 30% coverage
on the lot. He asked that the Planning Commission decision be upheld.
Upon question by Mayor Crites, Mr. Conlon responded that the granny unit would be
entitled to have separate electrical and water service.
Councilman Wilson stated that the staff report stated the granny flat would only be 428
square feet, not 800 as indicated by Dr. Zimmerman. He asked if Dr. Zimmerman would
be agreeable if the project were conditioned so that it could never for the life of the
property be a rental unit and could only be used for family members or guests.
Dr. Zimmerman asked whether the City would be investigating periodically to make sure
this was enforced, and Mayor Crites responded that the City would do so if there were
complaints. Dr. Zimmerman added that with regard to the square footage, it had been
changed since originally proposed to the Planning Commission when the applicant and
the architect both stated it was 800 square feet.
Mr. Clark stated that the granny unit was originally proposed to be 840 square feet but
had been changed when he found out about the 10% requirement.
MR. MELVIN GORDON, 72-944 Joshua Tree, adjacent property owner and President
of the Palm Desert Property Owners Association, said the Association was concerned that
a precedent might be established in this single family area. He added that the Board was
also concerned with double garages and double driveways.
Mayor Crites stated that the City of Palm Desert was initially opposed to the granting
of granny flats, but the State of California advised that this was not an option. The City's
option was then to say if these units were to be created, it would be done so as to have
the least impact on the neighborhood. With regard to parking, the Council felt it would
be best to have garages rather than to have the cars parking on the streets.
26
MINUTES
REGULAR MEETING OF " ' PALM DESERT CITY COUNC AUGUST 23, 1990
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Upon question by Mayor Crites, Mr. Gordon responded that the Association would rather
see one driveway with three or four spaces in it to accommodate all the cars instead of
having two driveways detracting from the landscaping. He said this was what the
Association's Architectural Committee was requiring of the applicants wishing to build
these units. He added that resolving this issue would remove one of the objections of
the Board.
Upon question by Councilmember Benson, Mr. Clark responded that he would have only
one driveway.
Mr. Clark stated that he had not had a chance until now to look at the plans currently
being considered. After reviewing them, he said he felt it was a very attractive landscape
presentation and, therefore, would have no objections to the project.
MS. GRACE PESCHELT, 73-070 Grapevine, said she was building a home next to Mr.
Clark and did not like the idea of having two homes on one lot. She felt Council would
set a precedent by approving this request.
MR. JEFF FIDDLER, 37-676 Bankside Drive, Cathedral City, spoke as a friend of the
Clarks. He said he was outraged that the Commission had denied the request by a 3-
0 vote and wondered if the Commissioners just didn't want seniors walking along the
streets at night with their grandchildren or perhaps felt separate zones should be created
for seniors. He was concerned that if the City Council upheld the Planning Commission's
decision and denied this request, it would be setting a precedent that the City of Palm
Desert does not care about the family unit. On the other hand, by overriding the
decision of the Planning Commission, the Council would be setting a precedent that the
City of Palm Desert really does care about the family unit.
Mayor Crites stated that the Planning Commission had denied the request because the
granny unit was proposed to be 800 square feet, the total coverage was over 30%, the
project had dual driveways, etc., all of which was not allowed. He said care should be
taken in suggesting that the Commission had a lack of care for senior citizens. Instead,
the Commission has a great deal of care for the standards of all neighbors to make sure
what is approved is compatible.
Councilman Snyder also objected to the suggestion that the Commission was uncaring.
He said the Commissioners give their time and efforts to the City and try to approve
what is best for everyone.
MR. JIM MILLER, 46-380 Desert Lily, said his primary concerns, the lot elevation and
double driveways and garages, had been taken care of. He said he was adding a 625
square foot granny flat immediately adjacent to and adjoining his home for his elderly
mother-in-law. Although there was not the need currently for separate kitchen facilities
because she would only be living in the unit a few months each year, he said he
understood Mr. Clark's desire for his father to have separate accommodations. He said
he would have no objections to approval of this project.
Mayor Crites declared the public hearing closed,
27
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REGULAR MEETING OF THE PALM DESERT CITY COUNCIL AUGUST 23, 1990
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Councilman Wilson stated that a $500,000 home had recently been constructed in his
neighborhood with a three -car garage and a granny flat. He said he felt it was a
beautiful home and was an asset to the community. He said he felt Mr. Clark's home
would also be an asset to the neighborhood and that he saw no reason the appeal should
not be granted. However, he would want to be sure the project was conditioned so that
for the life of the r. „r .,. ty the granny unit could not be a rental unit and would have to
be occupied by family members of guests of the owners.
Mayor Crites asked that the conditions of approval also reflect a total coverage of 30%
or less in order to mitigate concerns of the neighbors to the west.
Councilmember Benson said she would approve the project with the addition of these
conditions.
Councilman Snyder said he felt this was one of the most beautiful areas in the City and
understood the concerns about having two homes on one lot. He said he had no problem
with the Planning Commission's position but would go along with the Council's decision
if it felt there was justification to overrule the Planning Commission's decision. However,
he said he would not go along with criticism of the Planning Commission for doing the
job it has been asked to do.
Upon question by Councilman Wilson, Mr. Erwin responded that if Council wished to
grant the appeal, the motion should be to override the decision of the Planning
Commission, approve the Conditional Use Permit, and refer the matter back to staff to
prepare a resolution of approval for the next Council meeting.
Councilman Wilson moved to, by Minute Motion, direct staff to prepare a resolution for
the next Council meeting overriding the decision of the Planning Commission and approving the
Conditional Use Permit, to include a condition that the project shall comply with all building
regulations and shall not exceed 30% total coverage and that an agreement be developed to go with
the property to ensure that it never becomes a rental unit. Motion was seconded by Snyder and
carried by unanimous vote of the Council.
G. REQUEST FOR APPROVAL OF THE PREZONING OF SECTION 11, T5S R6E
(640 ACRES) PR-5 (PLANNED RESIDENTIAL, FIVE DWELLING UNITS PER
ACRE) AND P (PUBLIC) AND A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT AS IT PERTAINS THERETO. SUNRISE DESERT
PARTNERS .APPLICANT.
Mr. Diaz reviewed the staff report, noting that this was the area bounded by Country
Club Drive, Hovley Lane, Oasis Club Drive, and Eldorado Drive. He added that this
was the first step in the annexation process.
Mayor Crites declared the public hearing open and invited testimony in FAVOR of or
OPPOSED to this request.
MR. ALAN LEVINE, Vice President of Sunrise Desert Partners, 42-600 Cook Street,
thanked staff for its assistance and offered to answer any questions.
With no further testimony offered, Mayor Crites declared the public hearing closed.
28
f E1NUTES
"REGULAR MEETING OF E PALM DESERT CITY COUN AUGUST 23, 1990
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Councilman Wilson moved to waive further reading and pass Ordinance No. 615 to
second reading, approving the prezoning. Motion was seconded by Snyder and carried by unanimous
vote of the Council.
H. REQUEST FOR APPROVAL OF A REVISION TO CHAPTER 5. 80, CHARITABLE
SOLICITATIONS.
Mr. Ramsey reviewed the staff report, noting that a letter had been received from the
City Attorney's office with changes to the proposed ordinance. He reviewed the changes
and offered to answer any questions.
Mayor Crites declared the public hearing open and invited testimony in FAVOR of or
OPPOSED to this request. None was offered, and he declared the public hearing closed.
Councilman Snyder moved to: 1) Waive further reading and pass Ordinance No. ¢1¢ to
second reading, amending the text of Chapter 5.80 of the Code of the City of Palm Desert pertaining
to charitable solicitations, to include changes recommended by the City Attorney's office in the letter
dated August 20, 1990; and 2) Waive further reading and adopt Resolution No. 90-117, establishing
set fees pursuant to Section 5.04.232 of the Palm Desert Municipal Code. Motion was seconded by
Benson and carried by unanimous vote of the Council.
I. REQUEST FOR AWARD OF BID TO LOWEST BIDDER FOR PUBLIC NUISANCE
ABATEMENT CONTRACTOR.
Mr. Ramsey reviewed the staff report, noting that only one bid had been received and
opened. He recommended that the Council award the contract to Mr. Rene Montez.
Mayor Crites declared the public hearing open and invited testimony in FAVOR of or
OPPOSED to this request. None was offered, and he declared the public hearing closed.
Councilmember Benson moved to, by Minute Motion, award Contract No. 00-441 to Mr.
Rene Montez, lowest equitable bidder. Motion was seconded by Snyder and carried by unanimous
vote of the Council.
XIX. ORAL COMMUNICATIONS - D
Mr. Dan Ehrler, Executive Vice President of the Palm Desert Chamber of Commerce, invited
the Councilmembers to attend the annual planning conference October 18-19, 1990.
XX. ADJOURNMENT
Councilman Wilson moved to adjourn to Closed Session at 9:45 p.m. pursuant to
Government Code Section 54956.9 (a), pending litigation (Shah vs. City of Palm Desert regarding
undergrounding) and (b), potential litigation. Motion was seconded by Benson and carried by
unanimous vote of the Council.
29
MINUTES
REGULAR MEETING OF THE PALM DESERT CITY COUNCIL AUGUST 23, 1990
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Upon motion by Wilson, second by Snyder, and unanimous vote of the City Council,
Mayor Crites adjourned the meeting at 10:30 p.m. to 9:00 a.m. on Monday, August 27, 1990.
BUFORD . CRftES, MAYOR
ATTEST:
-SHEILA R. GILLIGAN, C CLERK
CITY OF PALM- DESERT CALIFORNIA