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HomeMy WebLinkAbout1990-05-10MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 10, 1990 CIVIC CENTER COUNCIL CHAMBER . . . I. CALL TO ORDER . . . . * . . . . . . * Mayor Crites convened the meeting at 4:23 p.m. following adjournment of the Redevelopment Agency meeting. II. PLEDGE OF ALLEGIANCE - Councilman Richard S. Kelly III. INVOCATION - Councilmember Jean M. Benson IV. ROLL CALL Present: Councilmember Jean M. Benson Councilman Richard S. Kelly Mayor Pro-Tempore Walter H. Snyder Councilman S. Roy Wilson Mayor Buford A. Crites Also Present: Bruce A. Altman, City Manager Carlos L. Ortega, ACM/Director of RDA David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk Richard J. Folkers, ACM/Director of Public Works Paul Shillcock, ACM/Director of Economic Development Ramon A. Diaz, ACM/Director of Planning/Community Development Paul Gibson, Finance Director/City Treasurer V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of April 26, 1990. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant No. WR0407. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING • • • • • * • • • • * • • a a a * a it a MAY 10, 1990 C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Marriott Resorts Hospitality Corporation for Marriott Desert Springs Spa and Resort, 1091 Pinehurst Lane, Palm Desert. Rec: Receive and file. D. CLAIM NO. 133 AGAINST THE CITY by Theora Dornan in an Unspecified Amount. Rec: By Minute Motion, deny the Claim and Instruct the City Clerk to so advise the Claimant. E. CLAIM NO. 132 AGAINST THE CITY by Lisa Marie Dubois in an Estimated Amount of $4,769.17 for Damages Caused by a Collision with a City Vehicle. Rec: By Minute Motion, authorize the Claims Review Committee to negotiate a settlement in an amount not to exceed $5,000.00, subject to full release of all claims by both Claimant and Claimant's insurance carrier, State Farm Insurance Company. F. CLAIM NO. 134 AGAINST THE CITY by Beverly J. Anderson in the Amount of $22.75. Rec: By Minute Motion: 1) Deny the Claim because the incident occurred outside the jurisdictional limits of the City of Palm Desert; 2) Direct the City Clerk to so notify the Claimant. G. KINGS POINT PETITION SEEKING STREET VACATION of Property Currently Being Used for a Fire Access. Rec: Refer to staff for report and recommendation at a future City Council meeting. H. REQUEST FOR APPROVAL of Additional Engineering Services Design for the South Side of Hovley Lane East. Rec: By Minute Motion, approve the additional engineering design services for the south side of Hovley Lane East, Ordinance No. 416 project, to Include the traffic signalization design. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • I. REQUEST FOR LETTER OF SUPPORT for the Formation of the Mountains Conservancy. Rec: By Minute Motion, approve the request and authorize the Mayor to send a letter of support. J. REQUEST FOR BUDGET APPROPRIATION from the Capital Project Reserve, YMCA Off -Site Improvements, for the Recreation Center Building. Rec: By Minute Motion, allocate $200,000 from the Capital Reserve Fund - YMCA to the Recreation Center Project. Councilman Wilson asked that Items E and F be removed for separate discussion under during Closed Session pursuant to Government Code Section 54956.9(b), potential litigation. Councilmember Benson also removed Item D for discussion in Closed Session. Upon motion by Wilson, second by Snyder, the Consent Calendar, with the exception of Items D. E, and F, was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A MR. DOUG MYERS, Ace Tractor, Murrietta, California, addressed .Council and said he was asked by Lee Escher of Escher Oil in Coachella to attend this meeting relative to the issuance of a temporary use permits for an above ground fuel tank. Mayor Crites responded that he would be bringing this item up under Mayor's Reports and Remarks and that Mr. Myers could address Council at that time. VII. RESOLUTIONS A. RESOLUTION NO. 90-46 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS INTENTION TO WITHDRAW FROM THE JOINT POWERS AUTHORITY OF THE COVE COMMUNITIES PUBLIC SAFETY COMMISSION. Mr. Altman stated that the City of Palm Desert's position was presented at the last meeting of the Cove Communities Public Safety Commission relative to negotiations regarding changing the formula for the fire tax. He said he had indicated if the language remains as it is, the 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NAY 10, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • City Council would be asked to adopt a resolution of intent to withdraw from this organization effective July 1, 1991; however, if negotiations regarding the areas of differences on regional facilities are successful, the City would reserve the right to rescind said action. He said the City Attorney had been asked to draft a memorandum of understanding, which had been adopted by the Commission, with the added language as he described above. Councilman Snyder added that this was a continuation of negotiations with the other two Cove cities, and he felt certain Palm Desert would not have to withdraw from the JPA. Mr. Erwin stated that under the terms of the Joint Powers Agreement itself, the Council must take action and present that action formally to the Cove Communities Commission prior to July 1 of this year for it to be effective July 1, 1991. Councilman Kelly moved to waive further reading and adopt Resolution No. 90-46, declaring the City's intent to withdraw from the Cove Communities Public Safety Commission. Motion was seconded by Wilson and carried by unanimous vote of the Council. VIII. ORDINANCES For introduction: None For Adoption: None IX. CONSENT ITEMS HELD OVER None X. NEW BUSINESS A. CONSIDERATION OF A REQUEST FROM THE FAMILY YMCA/YOUTH CENTER FOR CITY PARTICIPATION IN THE "LEND A COUNSELOR" PROGRAM. Mr. John Wohlmuth, Environmental Conservation Manager, reviewed the staff report dated April 4, 1990, noting that all employees volunteering for this program would be 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 1990 a a a a a a a a a a * a a a a a a a * a a a * a IF required to go through the sixteen hour, two Saturdays training program with compensation. He offered to answer any questions. Upon question by Crites relative to whether the City's representative could be selected prior to going through the sixteen hours training, Mr. Wohlmuth responded that staff felt the YMCA would be better able to select the best representative from those employees volunteering, and requiring the training would assure that only those employees really interested in the program would sign up. Upon question by Kelly, Mr. Wohlmuth responded that staff would have no problem with the Council selecting a representative prior to sending him or her for training. Councilman Wilson suggested that the YMCA still be asked to make the final selection. Councilman Wilson moved to, by Minute Motion, approve the request and authorize one employee to participate pursuant to the conditions set forth in the staff memo of April 4, 1990, with the order of Items 4 and 5 of the memo to be reversed. Motion was seconded by Kelly and carried by unanimous vote of the Council. B. CONSIDERATION OF A REQUEST FROM THE ARCHITECTURAL REVIEW COMMISSION TO DIRECT STAFF TO INITIATE PROCEEDINGS TO AMEND THE ZONING ORDINANCE AS IT RESTRICTS THE MAXIMUM HEIGHT OF ALL MOUNTED SIGNS. Mr. Diaz stated that when the City's sign ordinance was adopted, the height of mounted signs was limited to 20 feet, and this limitation had not been changed when the sign ordinance was amended. He said as a result of the architectural design and additional landscaping of The First Bank of Palm Desert, the signage at that level causes a problem from the standpoint of visibility and appropriateness on the building. He said the Architectural Review Commission was recommending that the zoning ordinance as it relates to the height of signs be revised to allow the Commission to permit signs to be located above the height of 20 feet if there is a trade off with additional landscaping from the standpoint of volume and height. He added that this had come from one of the architects who was on the Sign Review Committee. He said if Council felt this was appropriate, staff would begin the process of amending the ordinance. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • Mayor Crites suggested that this matter be continued in order to allow Councilmembers to look at The First Bank building. He said he had never felt there was a problem with identifying this building as a bank. Upon question by Kelly, Mr. Diaz responded that the bank was requesting approval to raise the sign to between 23 and 25 feet. Councilmember Benson asked that the architect Mr. Diaz referred to attend the next meeting to give justification for the recommended change. Councilman Wilson moved to, by Minute Motion, continue this matter for two weeks, ask staff for a memorandum specifically stating the problems with The First Bank, and ask the architect to provide additional information at the next meeting. Motion was seconded by Kelly and carried by unanimous vote of the Council. C. CONSIDERATION OF TENTATIVE TRACT MAP 24866 CALLED UP FOR CITY COUNCIL REVIEW (RICHARD HOWARD, APPLICANT). Mr. Diaz stated that this matter had been called up for review as a result of the drainage study. He said the City Attorney had stated if a letter was signed indicating that the applicant was willing to waive his protest rights, the map could proceed without going into the moratorium. He said the draft letter had been signed by the applicant; however, the signature had not been notarized. Staff recommended that this matter be continued for two weeks, subject to the applicant signing the letter before a notary. If said letter is signed and notarized, this matter would not be on the Council Agenda for May 24th. Councilman Snyder moved to, by Minute Motion, continue this matter for two weeks, with the understanding that if the letter is signed and notarized subject to the City Attorney's approval, this matter would not come back to Council. Motion was seconded by Wilson and carried by unanimous vote of the Council. D. INFORMATIONAL ITEMS (FOR POTENTIAL ACTION): 1. Palmer CableVision Update. Mr. Ortega distributed a memorandum to the Council, noting that it dealt with conditions for transferring the cable franchise to a potential buyer. He said 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10. 1990 Palmer Communications had indicated it would like the City's reaction as far as what would be requested and that the memo indicated the minimum conditions the City would set. In addition, once the special consultant is hired as recommended in the report, there might be additional items to be added to the list of conditions. Upon question by Benson relative to whether Palmer already had a buyer, Mr. Altman responded that they wanted to know what conditions the City would require for an orderly transfer. Mr. Ortega added that funds had been appropriated in the current year's budget to do an audit, and this was before the City knew the sale was being considered. He said staff was still recommending that the audit be done and that the findings of the audit be included as part of the conditions of the transfer. In addition, staff wanted to begin looking for a consultant similar to the one the City used in putting together the cable ordinance in 1977, and this consultant would assist the City throuah the process of making the transfer. He said the consultant would not be authorized to proceed until there was an actual request for a transfer. Upon question by Benson, Mr. Ortega responded that one proposal had been received indicating it would cost approximately $7,500 to go through the process; however, staff was still looking for another proposal. Mr. Altman added that staff was still seeking proposals and would come back with a recommendation to award the contract. Councilman Snyder moved to, by Minute Motion, approve a technical analysis/audit of the Palmer CableVision franchise and authorize staff to request proposals for a consultant to assist the City in the proposed franchise transfer. Motion was seconded by Benson and carried by unanimous vote of the Council. 2. Update on Tri-Cities Sports Facility. Mr. Diaz showed a preliminary schematic of the 20 acres of land acquired at Portola and Gerald Ford and the proposed facilities. He reported that at the 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING • • • • • • • • • • • • • • NAY 10, 1990 • • a • • • • • • • • recent meeting the Tri-Cities Committee, the City of Indian Wells had accepted using the Joslyn Senior Center formula to split the costs, with credit to be given to Palm Desert for constructing the Cook Street Sports Complex and lighting the College of the Desert ball fields. He said the City of Rancho Mirage was concerned with whether the Senior Center formula was based only on assessed valuation or if it included population component. He said all three cities were concerned with the ultimate bottom line cost of the project, and it was decided that the cities would recommend a feasibility cost study be done to determine the cost of the potential four fields, with the cost of the study to be divided among the three cities using the Senior Center formula. He said he had spoken with Frank Urrutia of Urrutia 8 Associates who did a similar study for the City as well as plans for the Sports Complex; he indicated such a study would cost approximately $4,000, excluding the soils analysis. He added that he had indicated to the other cities that the City of Palm Desert was ready to proceed. Kelly: Said it was his understanding that the City of Palm Desert was moving forward and that negotiations would in no way slow down that progress. Asked that since the City had just built four or five complexes that are a lot more expensive than what is being talked about here, and since the City wants to do this anyway, why can't we move ahead and negotiate this cost with the other four or five items that will be negotiated this year anyway? Mr. Diaz responded that if Council wishes, staff could go ahead with the cost analysis, which would indicate the costs of developing the facility, bringing in the utilities, etc., before giving approval for the architect to draw plans. Wilson: Suggested authorizing the study at this time. Added that in view of the return of the desert winds and the fact that this particular site is surrounded by sand dunes, he would suggest that the study also look at some type of wind barrier so the fields do not have to be dug out every time the wind blows. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 1990 • • a • • 4 a • • • a • • • • • • • a • • • • • • Mr. Diaz stated that staff would recommend using Urrutia & Associates for this study because they had worked with the City in the past on a similar program. Upon question by Crites, Mr. Altman responded that it would probably be 30 to 60 days to complete the study. Councilman Wilson moved to, by Minute Motion, authorize staff to proceed with the study and appropriate funds from the unappropriated reserves in an amount not to exceed $5,000. Motion was seconded by Benson and carried by unanimous vote of the Council. Mayor Crites asked whether the City had advanced funds to the City of Rancho Mirage for soils testing some time ago when the facilities were going to be built in Rancho Mirage. Mr. Diaz responded that it was his understanding that Mr. Milt Chambers had donated his services and that Palm Desert's money was not used. Upon question by Kelly as to getting some type of wind break put in as quickly as possible, Mr. Altman responded that John Wohlmuth and Eric Johnson would look into this and report back to Council. XI. CONTINUED BUSINESS None XII. OLD BUSINESS A. CONSIDERATION OF A SECOND APPEAL TO A DECISION OF THE ARCHITECTURAL REVIEW COMMISSION APPROVING A REQUEST TO INSTALL AN AWNING (FACING PRESIDENTS' PLAZA) ON THE BUILDING AT 73-990 EL PASEO, SUBJECT TO DELETION OF THE DRAPERY ON THE SUPPORT POSTS. Mr. Diaz reviewed the staff report, noting that the original awning request was denied by the Architectural Review Commission and was appealed to the City Council. He said that the Commission, at the request of the Council, held a special meeting to consider this matter and approved the awning and signage but did not approve the drapery on the support posts. That decision was the reason for this second appeal. He said staff's 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • recommendation was that the Council affirm the decision of the Architectural Review Commission. Councilman Wilson questioned the matter of consistency in that he had noticed similar draperies on El Paseo just west of Palm Desert National Bank. Mr. Diaz responded that the Commission reviews each request separately and felt this particular drapery should not be approved. Mayor Crites asked whether the Commission's decision was one which initially said an awning was not appropriate at all, and Mr. Diaz responded that there was a concern about the appropriateness of an awning from the beginning. MR. WILLIAM KIRKENDALE spoke as the representative of his wife, Linda Kirkendale, the tenant for this building. He showed an artist's rendering of the proposed awning. He said there seemed to be a great deal of confusion surrounding this matter and that he shared Councilman Wilson's view regarding the lack of consistency. He said his wife had signed a lease in February and that, as part of the lease, the owner agreed to provide her with an awning. Since signing the lease, she had contracted for substantial improvements within the facility. He said that at the original Architectural Review Commission meeting, the owner did not attend but sent the awning manufacturer instead. In addition, he said he was told that the Commissioners were not informed that there was already a tenant in the building. The awning itself was denied and an appeal made to the Council. He said he had done some investigation concerning the Architectural Review Commission and had found that on this Commission were several interior design firms and that one member of the Commission's own company was applying for an awning permit; this seemed to him to be somewhat of a conflict of interest. He said when he attended the special meeting of the Architectural Review Commission, there were no name tags for the members, some people were dressed in bizarre outfits, some were chewing gum, some were wearing dark glasses, and he felt it was not appropriate. He said there was a heated debate because he had raised the issue of conflict of interest. He said he voluntarily left the room because Mr. Urrutia threatened to walk out of the meeting. The awning was ultimately approved but without the drapes. He said he was told there were comments made that led his wife to believe the men on the Commission did 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 1990 • a • • • • • • • • • • • • • • • a • • • • • a • not like drapes, and he felt this should not have anything to do with approval of an awning put together and designed by his wife and an architect. He said he then found out that the reason for the denial was because the awning looked different from others. He added that his wife had been at this location since February without any signage at all. Upon question by Benson about Mr. Kirkendale's statement that he had no signage and why had he not put up gold lettering above the door like other businesses in the area, Mr. Kirkendale responded that it was because they want an awning. Mayor Crites stated that the choice of no signage, then, was the choice of the applicant by deciding on one type of signage over another and that no one had prevented him from having signage. Councilman Wilson stated that when this matter first came to Council in April, the Councilmembers were advised that this was an urgency item because Mr. Odekirk was about to lose the lease. Now the Council was being told that the tenant had been in the building since February, and he questioned the reason for the urgency. Mr. Kirkendale responded that the conditions of the lease were that Mr. Odekirk would provide an awning; therefore, no awning, no lease. He said he could not control the speed with which City government operates and that he had been hopeful that this matter would be resolved at the special Architectural Review Commission meeting. He said as soon as the Commission voted to approve the awning without the drapery, this appeal had been filed. He said there was still a matter of urgency because they had no way at this time of doing any copy advertising with photographs, etc., for the business. Councilman Kelly stated he liked the awning and the drapes and thought it would look good on the building. He felt Mr. Kirkendale had a point as far as the timing because the business had been operating without a sign, and he said he, too, would be concerned if it took this long to get an awning approved. He said he would approve it the way it is proposed. Councilmember Benson said she did not like the awning and that awnings had been a matter of controversy ever since 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NAY 10, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • they started being put in. She agreed that there were probably a lot of bad awnings around the City; however, she did not feel an awning was appropriate for a building as beautiful as this one and that it would detract from the building itself. Mr. Kirkendale stated that this business was on the rear of El Paseo, not on the front. He added that Councilmember Benson's opinion was subjective, not objective. Councilman Snyder stated that what other businesses had done in the past was immaterial to this case. He said the Council urged the applicant to go to the Architectural Review Commission and present his program. He said that whether Mr. Kirkendale liked the Commission members or not, they were the ones given the responsibility of making decisions in cases like this. He added that he felt it would be very difficult for him to override a decision made by five very qualified people. Councilman Wilson said he was not fond of awnings to begin with. He said it started out in the City that a few awnings were desired because it would make the businesses look unique and different; now there were so many awnings that it is the building without an awning that is unique and stands out. However, since the Architectural Review Commission had approved the awning, he said he would agree with Councilman Kelly that the addition of drapes to the awning would not detract from the building and would actually complete it. Mayor Crites stated that Council had gone back and looked at the entire issue of awnings and had very specifically written into the ordinance that the presence of a building does not guarantee the right to have an awning; there must be architectural balance and there must be a positive contribution rather than a negative one. He said he was inclined to agree with the initial decision of the Architectural Review Commission. He felt where the appellant wished to place an awning was not only not a neutral contribution, it mars the architecture of the building. He said that not only did he not wish to vote for the draperies, he did not have any interest in voting for an awning at that location on that building at all. He said he felt this was an excellent example of a building that should not be marred by awnings. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Wilson moved to, by Minute Motion, grant the appeal by the applicant. Motion was seconded by Kelly and was defeated by a 2-3 vote, with Councilmembers Benson, Snyder, and Crites voting NO. Councilman Wilson moved to, by Minute Motion, deny the appeal and affirm the decision of the Architectural Review Commission to approve an awning without the draperies. Motion died for lack of a second. Upon question by Kelly, Mr. Erwin responded that if the Council took no formal action on the appeal, it would be deemed denied after 30 days. Counciimember Benson moved to, by Minute Motion, override the decision of the Architectural Review Commission and deny an awning for the building at that location. Motion was seconded by Crites and was defeated by a vote of 2-3, with Councilmembers Kelly, Snyder, and Wilson voting NO. Councilman Wilson moved to, by Minute Motion, deny the appeal and affirm the decision of the Architectural Review Commission and approve the awning without draperies. Motion was seconded by Kelly and carried by a 3-2 vote, with Councilmembers Benson and Crites voting NO. XIII. REPORTS AND REMARKS A. CITY MANAGER 1. AGREEMENT NO. 00-436 WITH CVAG FOR MEASURE A/TUMF FUND PROJECT (COOK STREET INTERCHANGE AT 1-10). Councilman Kelly moved to, by 4/5 vote, add this item to the Agenda as one which came up after the Agenda was posted. Motion was seconded by Snyder and carried by unanimous vote of the Council. Mr. Altman reported that the Executive Committee of CVAG had approved this agreement at its meeting of April 24th and that it provided for reimbursement for the Cook Street Interchange Project. He recommended that Council ratify the Mayor's signature. Councilman Wilson moved to, by Minute Motion, approve Agreement No. 00-436 and ratify the Mayor's signature of same. Motion was seconded by SNyder and carried by unanimous vote of the Council. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • 2. COLLEGE OF THE DESERT SUMMER WORK PROGRAM. Councilman Kelly moved to, by 4/5 vote, add this item to the Agenda as one which came up after the Agenda was posted. Motion was seconded by Snyder and carried by unanimous vote of the Council. Mr. Larry McAllister, Human Resources Director, distributed and reviewed his staff report, noting that last year's summer high school student work program had proven successful and that money had been budgeted to repeat the program this coming summer. In addition, several students from College of the Desert had indicated an interest in participating in a similar college level work experience program if the City were to offer such an opportunity. He said staff's recommendation was that Council approve the hiring of two College of the Desert students for a ten -week summer work experience program. Councilman Snyder moved to, by Minute Motion, appropriate $7,280.00 from the unobligated general fund balance to Account #110-4159- 1004 (General Services, Salaries, Temporary, Full Time), to hire two College of the Desert students for a ten -week summer work experience program. Motion was seconded by Benson and carried by unanimous vote of the Council. 3. REQUEST FROM CRIME STOPPERS FOR FUND-RAISING ASSISTANCE Councilman Kelly moved to, by 4/5 vote, add this item to the Agenda as one which came up after the Agenda was posted. Motion was seconded by Benson and carried by a vote of 4-1, with Councilman Wilson voting NO. Mr. Altman reviewed the staff report, noting that the Cove Communities Public Safety Commission had recommended that each city donate $1,000 as an incentive while a subcommittee works on fund-raising ideas for Valley Crime Stoppers. He added that if Council approved this request, letters would be sent to each of the other two cities requesting a similar donation. He offered to answer any questions. Councilman Kelly moved to, by Minute Motion, authorize an appropriation of $1,000 to the Valley Crime Stoppers Organization. Motion was seconded by Snyder and carried by unanimous vote of the Council. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 1990 . . . . . . . . . . . . * . . . . . B. CITY ATTORNEY Mr. Erwin asked that Council adjourn to Closed Session at the end of this meeting pursuant to Government Code Section 54956.9(b), potential litigation, and personnel. C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Brief Report by Patrick Conlon, Director of Building and Safety, Relative to Temporary Above -Ground Fuel Storage at Construction Sites. Mayor Crites stated that this item had been added by an Agenda Addendum which had been prepared and posted 72 hours prior to the meeting. Mr. Conlon stated that when the Council adopted the Uniform Fire Code, Ordinance No. 167, prohibiting storage of flammable or combustible liquids in above -ground, outside tanks, it was staff's understanding that the intent was for the ordinance to apply to permanent tanks. He said in the past with large grading operations, there has been the need to store fuel on site for earth movers, equipment, etc. Therefore, staff was recommending that Council authorize the issuance of temporary use permits for above- ground fuel storage on a temporary basis only under the following conditions: 1) A grading permit has been issued and is currently valid; 2) Installation of the tank must meet EPA Department of Environmental Health and APCD standards; and 3) The tank must meet the Uniform Fire Code setbacks and standards for fuel. He added that with Council's concurrence, staff would begin issuing temporary use permits and that this provision would be included when the Fire Code is updated to adopt the 1988 provisions of the Uniform Fire Code. Councilman Wilson said he would support what is being recommended but asked that staff revisit the entire ordinance in view of the increase in propane for vehicles, etc. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Wilson moved to, by Minute Motion, direct staff to begin issuing temporary use permits for above -ground fuel storage on a temporary basis subject to conditions outlined by Mr. Conlon. Motion was seconded by Kelly and carried by unanimous vote of the Council. 2. Mayor Crites asked that staff prepare a report for the May 24th Agenda relative to the Vista Paseo project located near the Palm Valley Channel near the area where the bridge goes across to the former Community Center. Council concurred. 3. Annexation of Bermuda Dunes Mayor Crites stated he had asked that this be placed on the Agenda. He said all the Councilmembers had had an opportunity to look at this area as well as the Palm Desert Country Club area. He said there were some serious issues in terms of the financial feasibility of annexing either side of Washington Street, such as the cost of bringing the services up to the City level rather than the existing County level, amount of property tax and sales tax revenues that would be kept by the County vs. shared by the City, etc. He stated that Mr. Diaz was in the process of preparing a detailed analysis of fiscal impacts of the annexation. In addition, he felt the Annexation Committee and staff should meet with Supervisor Larson to discuss the kinds of pass -through arrangements, etc., to make any annexation feasible for the City. Upon question by Kelly, Mr, Diaz responded that as part of the annexations, there is a pre -zone change that has been very controversial where potential litigation has been mentioned. Therefore, he requested that any of these reports be given in Closed Session. Mr. Erwin stated that this was an appropriate subject for Closed Session. Councilman Wilson stated that he felt it would be premature to do a feas i b i 1 i ty study or anything else at this time. He added that it 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • has always been the City of Palm Desert's Position to not actively go out and approach people to come into the City; however, if they approach us, we will talk to them. o City Council Committee Reports: 1. Councilman Wilson stated there would be a hearing at 10:00 a.m. May llth in the Palm Desert Council Chamber relative to the air pollution problem in the Coachella Valley. He extended an invitation to his colleagues on the Council to attend. XIV. ORAL COMMUNICATIONS - B None Upon motion by Kelly, second by Crites, the meeting was recessed at 5:33 p.m. In order to allow the members of Palm Desert High School participating in the 1990 Student Government Day to conduct a Mock City Council Meeting. Mayor Crites reconvened the meeting at 7:00 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION Council Reports & Remarks were completed following the Public Hearing portion of the Agenda. XVI. ORAL COMMUNICATIONS - C Mayor Crites noted that several letters had been received from citizens relative to the Ironwood Park. He reviewed the history of the entire park issue, noting that a year ago the Council decided not to take action on the Ironwood Park until after taking action on the Civic Center Park site. MP announced that the contract for Phase I of the Civic CPnrPr Park had been awarded earlier in the afternoon by 1 -)e Redevelopment Agency Board. He said that while the Counci' ~ad not yet adopted the budget for 1990/91, the City Manager had been asked to prepare a report relative to the Ironwood Park. Mr. Altman stated that $25,000 would be included in next year's budget for the planning of the Ironwood Park, which should begin some time in July. He suggested that the Council. by 4/5 vote, add to the Agenda consideration of the appropriation of the $25,000 at this time in order to begin planning the park as 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • soon as possible. He noted that a total of $38,000 in park and recreation fees had been collected from developers in that area. Mayor Crites invited testimony from the audience relative to this issue. MRS. DONNA PEAT, 73-185 Somera Road, stated she had been involved in the park issue since August of 1988. She said a petition had been brought to the City Council in November of 1988 and that it was stated at that time that the park would be built in conjunction with development of the Chazen homes. She noted that when she had contacted Mr. Diaz in February and asked if this park was included in the preliminary budget for next fiscal year, she had been advised that it was not. She added that she had recently collected 300 signatures of residents stating they want the Ironwood Park, and she submitted the petition to the City Council (on file and of record in the City Clerk's Office). MR. RANDALL WHITE, 73-186 Somera, congratulated Council for awarding the Civic Center Park contract but asked that it set some priorities for its citizens. He said roads through the City have been landscaped and relandscaped, yet no parks had been built since the City was incorporated. He said citizens needed to have parks and that the cost should be very reasonable with use of desert and natural landscaping. He reviewed points stated in his letter dated May 4th (on file and of record in the City Clerk's Office). Councilman Wilson stated he wished to correct the record. He said since incorporation, the City had built the Cook Street Park and the Magnesia Fal 1 s Park and would be under construction soon for the Civic Center Park. He stated priorities were very important --if you do not have the land, you will not be able to build a park. He said that about 300 acres of land had been acquired in the City for recreational areas or to keep as open space. In addition, he said it was the intent of the Council to move forward at this time on the Ironwood Park. MR. TOM BIXBY, a resident of Sun Corral, said he felt it was important to have parks for the children in the City, and he offered to assist any way he could. MS. BARBARA WITTEMAN, 72-646 Skyward Way, spoke in favor of the park. She said her concern was the lack of sidewalks because her sons had no place to ride their bikes except in the street. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 1990 • a • • • • • • a • • • • • • • • • • • • • • a • Councilman Wilson moved to, by 4/5 vote, add this item to the Agenda for Council consideration. Motion was seconded by Snyder and carried by unanimous vote of the Council. Councilman Wilson moved to, by Minute Motion, appropriate $25,000 from fiscal year 1989/90 budget to begin the planning process for the Ironwood Park and suggested that staff contact residents in the area to form an ad hoc committee that will help the City determine the types of usage and priorities for said usage as quickly as possible. Motion was seconded by Snyder and carried by unanimous vote of the Council. MR. MARVIN EAVES, Riverside County Fire Department, said he had met informally with Mr. Tom Freeman, Riverside County Fire Department Emergency Services Coordinator, and Mr. Ken Weller, City of Palm Desert Emergency Services Coordinator, and that they were requesting the City's support in formulating a golf tournament to be sponsored by the City of Palm Desert and the County Fire Department, with proceeds to be given to the Alisa Ann Burn Center. He noted that this tournament would be scheduled for some time in November. With Council concurrence, staff was directed to prepare a report for the meeting of May 24, 1990. MS. FRANCIE DEAN, 44-673 San Clemente, addressed the Council and said she had owned a skateboard ramp for the past one and a half years. She stated that Code Compliance Officer Bob Smith had gone to her home and advised that complaints had been received; however, she did not know where these complaints could have come from because there are no houses on either side of hers. She added that with skateboarding being illegal in the City of Palm Desert, she felt it would be a tremendous asset to have a skateboard park in the City because the kids have no place local where they can go to skate. Mayor Crites stated that: 1) The City Manager would be asked to direct the Code Compliance Department to prepare a report for the next meeting regarding the matter of skateboarding and concerns raised by Ms. Dean; 2) Skateboarding is not illegal in the City --it is prohibited in commercial districts of the City; and 3) A number of cities have looked at the matter of skateboard facilities in the past; however, one of the crucial issues is the issue of insurance. With Council concurrence, staff was directed to prepare a report fog the meeting of May 24, 1990. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING • • • • • • • • • • • • • • MAY 10, 1990 • • • • • . • • • • • XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF AWARDS TO MEMBERS OF PALM DESERT HIGH SCHOOL PARTICIPATING IN 1990 STUDENT GOVERNMENT DAY. Mayor Crites presented certificates of appreciation to the following Palm Desert High School students: Paul Martin, Kelly McClanahan, Michelle Deti, Trayci Benitez, Moya Lyttle, Haley Horton, Michelle Maltais, Rebekah Broder, Close Bannan, Chris Chacon, Naima Cherot, Mike Ashworth, Jason Gutierrez, Joey Garcia, Steve Smith, Francisca Lopez, Insewa MacMillan, and Kevin Kossman. He congratulated the students and thanked them for participating in 1990 Student Government Day. B. PRESENTATION BY DR. ROBERT ROTTSCHAEFER RELATIVE TO THE MOSQUITO ABATEMENT DISTRICT. Mayor Crites stated that Dr. Rottschaefer was unable to attend the meeting and that this item would be continued to the meeting of May 24, 1990. C. PRESENTATION OF ENVIRONMENTAL AWARD OF EXCELLENCE TO VALLEY CHRISTIAN ASSEMBLY FOR REHABILITATION OF EXISTING PROPERTY AT 73-979 FRED WARING DRIVE, TO RELIGIOUS SCIENCE CHURCH FOR UPGRADING EXISTING PROPERTY AT 45-630 PORTOLA AVENUE, AND TO URRUTIA 8 ASSOCIATES FOR OUTSTANDING EXAMPLE OF DROUGHT TOLERANT LANDSCAPING AT 73-550 ALESSANDRO DRIVE. On behalf of the entire City Council, Mayor Crites presented the three awards and expressed the City's appreciation to these three organizations for their efforts. XVIII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A PRECISE PLAN, A DEVELOPMENT AGREEMENT, AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO CONSTRUCT 16 NEW APARTMENT UNITS FOR A TOTAL HOUSING PROJECT OF 20 UNITS AT 44-457 AND 44-525 SAN RAFAEL AVENUE (SCHMITZ-ANDERSON, APPLICANT). Ms. Sass reviewed the staff report, noting that a letter had been received from Mr. Stan Little objecting to the location of the buildings. She stated a letter had also been received from Mr. Charles Ellis, representing the 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • applicants (both letters on file and of record in the City Clerk's Office). Mr. Erwin stated that regarding the letter from Mr. Ellis, he had gone over the terminology in the development agreement with him. He said that when Council considers the development agreement, he would have some changes to the language which would take care of the applicants' concerns. Mayor Crites stated that Page 3, Condition 5 dealt with trash/service areas and asked whether this condition ensured that adequate space be provided for recycling service. Ms. Sass responded that the condition would be added. Upon questions by Crites and Kelly, Ms. Sass responded that the affordable units would be under control of the development agreement for 30 years. Upon question by Wilson relative to the reason Planning Commission Sabby Jonathan abstained from voting on this project, Ms. Sass responded that he was involved in the financing for the project. Councilman Wilson asked why Condition 1 on Page 3 states that development of the property shall conform "substantially" with exhibits on file with the Department of Community Development/Planning. Mr. Diaz responded that this was similar to parcel maps where the final map must conform substantially with the tentative map. He added that when it gets down to working drawings, there may be some changes in elevations, etc., to conform with conditions of approval. Upon question by Benson relative to why only nine covered parking spaces were to be provided out of 20 units. Mr. Diaz responded that this was within the code requirement for the senior housing overlay zone. He said the number could be increased if Council so wished. Mayor Crites declared the public hearing open and invited testimony from the applicant. MR. CHARLES ELLIS, 77-672 Country Club Drive, spoke as the representative for Mr. and Mrs. Anderson and Mr. Schmitz. He expressed concurrence with the staff report as modified by the City Attorney and said that Mr. Schmitz would 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NAY 10, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • answer any technical questions. He added that the applicants had authorized no one other than himself to speak on their behalf and that they were the owners of the property. Mr. Erwin stated that the following were the modifications to the development agreement referred to by Mr. Ellis: - Page 7(h) - delete the words "sell or" in line 3. - Page 4, Paragraph 5 - add the words "which consent shall be given so long as the transferee, in writing, assumes all of the obligations of this agreement". Councilmember Benson asked the developer why there were only nine parking spaces. She also asked whether the new units would be using the same pool as the existing. MR. HARRY SCHMITZ responded that: 1) It was to comply with City codes; and 2) In dealing with apartments, he had found there was a demand for some open spaces because some vehicles are higher than a normal carport would be. With regard to the pool issue, he said he would be providing a separate lap pool and spa in the courtyard area adjacent to the 16 new units. Upon question by Crites, Mr. Schmitz stated he had spoken with Mr. Little several times and explained that the wooden fence would be replaced by a concrete wall. He said Mr. Little had never mentioned anything about the issue of the two-story building. Councilman Kelly asked whether it was the developer's intent that the four existing units would be tied to the 16 new units and be considered as one project and use the same pool. Mr. Schmitz responded that he had only applied for 16 senior units but that City staff decided to consider this one whole project of 20 units. He said his intent was that the 16 would use the lap pool and spa on the south side and that the four units would use the swimming pool on the north side. Mr. Diaz stated that it was staff's intention with this development that the project would be a 20-unit senior project. He said if the applicant does not have one project, then staff would withdraw its recommendation. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • Mr. Schmitz stated that with regard to the swimming pool, if the conditions are to apply to the whole project, the seniors would be using the whole project. Ms. Sass explained that the project came in with a square footage that covered both lots. She said this project could not exist, could not have that number of units, without the square footage for both lots. Mr. Diaz stated that staff would recommend adding a condition that the two parcels be merged, which would assure that this is one project. Mayor Crites called for a three -minute recess at 8:25 p.m. Mr. Diaz stated that in order to simplify the matter, staff would recommend the following conditions be added: - that a parcel map merger combining the two parcels be filed prior to issuance of building permits. - that the four existing units be inhabited by seniors prior to the issuance of building permits. - that the parcel map merger take place within one year; if not, the development agreement is null and void. Mr. Ellis stated that the applicant had originally applied for 16 new units; however, staff's recommendation and Planning Commission's approval required that the existing four units be integrated and treated as one project. He said they were opposed to a parcel map merger because the two parcels currently have two separate notes and trust deeds. He said there was also an option to purchase the existing four units. In addition, the applicant was asking that existing tenants be grandfathered in and allowed to stay; as vacancies occur, they would be filled by seniors. Mr. Diaz stated that the square footage of the four existing units was utilized in getting the 16-unit density. If those four are not included, then staff would recommend denial and apologize to Council and Planning Commission for having gotten this far in the process. Mayor Crites stated that, in view of the disputatious nature of this issue and the differences between staff and the applicant, he would recommend continuing this matter to see if these differences can be worked out. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • Mr. Ellis stated that the applicant would agree to a two - week continuance. Mayor Crites invited additional testimony from the audience. MR. RON BOCK, 44-457 San Rafael, stated he had been involved in negotiations to purchase the four existing units since November, 1989. He said he was in favor of continuing this matter in view of the fact that his attorney and the attorney for the applicants had been working to resolve the issue relative to his option to purchase the four-plex. Councilmember Benson moved to, by Minute Motion, continue this matter to the meeting of May 24, 1990. Motion was seconded by Kelly and carried by unanimous vote of the Council. B. REQUEST FOR APPROVAL OF A PRECISE PLAN, A DEVELOPMENT AGREEMENT, AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW CONSTRUCTION OF A 15-UNIT SENIOR HOUSING PROJECT AT 73-695 SANTA ROSA WAY. (WEBCO PACIFIC, APPLICANT). Ms. Sass reviewed the staff report, noting that instead of indicating Webco Pacific, the development agreement would be between the City of Palm Desert, William E. Bonner, and William T. Powers. Mayor Crites asked that staff be sure to include a condition relative to recycling. He questioned Condition #10 on Page 4 of the Resolution and said he had understood after the Stoltzman project at Country Club and Portola had been approved that a condition would be included in future projects requiring the use of high water landscaping, such as turf, be minimized to accent areas and areas of foot traffic and not to do it elsewhere. Mr. Diaz stated that this would be done. Councilman Snyder questioned the number of covered parking units and said he understood the requirement was for more than was being proposed. Ms. Sass responded that the senior overlay zone required a 1-1 ratio of covered parking but that this could be reduced to .75 upon Planning Commission approval. 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 1990 • a • * • • * • a a • • • a 8 • • • a • • • • • • Mr. Diaz stated that he would look at the zoning ordinance and report back to Council before the end of the public hearing. Mayor Crites declared the public hearing open and invited testimony from the applicant. MR. A. J. WILLIAMS, project manager for this project. addressed the Council and stated they had spent a lot of time in determining what seniors in the age group of 62 and over really wanted as far as room capacity, parking area, recreational facilities, etc., and felt these concerns had been met. He said they had tried to make the project appear very attractive with a village effect instead of just a straight stucco appearance. With regard to the parking, he said it was determined in discussions with different senior projects that only about 45% of the tenants aged 62 and over will own a vehicle. He offered to answer any questions. With no other testimony offered. Mayor Crites declared the public hearing closed. Mr. Diaz read Section 25.52.030E of the Municipal Code required the following: Age 55 Minimum - 1.25 parking spaces per unit Age 62 Minimum - 1 parking space per unit He said it also provided that "Projects which by their design appealed to age categories significantly older than the age of 62 may request reduced parking requirements if it can be demonstrated that less demand will be generated. Planning Commission may reduce the requirement to .75 per unit if applicant bonds and demonstrates the feasibility of construction of additional spaces". He added that in terms of covered vs. uncovered parking, all of the parking could be either covered or uncovered; there was not requirement for covered parking. Councilman Wilson moved to: 1) Waive further reading and adopt Resolution No. 90-48, with amendments previously discussed by Council and staff; and 2) Waive further reading and pass Ordinance No. 606. with amendments previously discussed by Council and staff. Motion was seconded by Benson and carried by unanimous vote of the Council. 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • C. REQUEST FOR APPROVAL OF A PRECISE PLAN. A DEVELOPMENT AGREEMENT, AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW CONSTRUCTION OF AN 11-UNIT SENIOR HOUSING PROJECT AT 44-211 AND 44-213 SAN PASCUAL AVENUE (RAY PATSCHECK AND BILL ROSSWORN, APPLICANTS). Ms. Sass stated that this request had been withdrawn by the applicant and that no Council action was, therefore, necessary. XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT At this point, the Council continued with the Reports 8 Remarks Section of the Agenda. See that section of the Minutes for discussion and action. Upon motion by Benson, second by Kelly, and unanimous vote of the City Council. Mayor Crites adjourned to Closed Session at 9:00 p.m. pursuant to Government Code Section 54956.9(b), potential litigation. and Personnel. Mayor Crites reconvened the meeting at 9:50 p.m. and immediately adjourned with no action announced from Closed Session. ATTEST: SHEILA R. GILLI AN, CITY CL RK CITY OF PALM DE T, CALIF►RNIA BUFORD A. CRITES, MAYOR 26