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HomeMy WebLinkAbout1990-09-13MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 13, 1990 CIVIC t.rcr i rk COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO viwrat Mayor Crites convened the meeting at 4:00 p.m. R. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore Walter H. Snyder III. INVOCATION - Councilman Richard S. Kelly IV. ROLL CALL Present: Councilmember Jean M. Benson Councilman Richard S. Kelly Councilman Walter H. Snyder Mayor Pro-Tempore S. Roy Wilson Mayor Buford A. Crites 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 Paul Gibson, City Treasurer/Finance Director Frank Allen, Director of Code Compliance Joe Gaugush, Senior Engineer V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of August 23, 1990, and the Special Meeting of August 27, 1990. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR0717, WR0720, WR0722, WR0802, WR0808, WR0811, and WR0825. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL Mrni u'iG err! rnfBER 13, 1990 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. CLAIM NO. 148 AGAINST THE CITY by Joan Horowitz in the Amount of $25.00. Rec: By Minute Motion, deny the Claim and direct the City Clerk to so advise the Claimant. D. CLAIM NO, 151 AGAINST THE CITY by Dawn Lee Spencer in the Amount of $631.34. Rec: By Minute Motion, authorize the Claims Review Committee to negotiate a settlement in an amount not to exceed $650.00, subject to Claimant's execution of a Release of All Claims form. E. CLAIM NO. 152 AGAINST THE CITY by Jean Paul DuBois, Jr. in the Amount of $2,841.67. Rec: By Minute Motion, authorize the Claims Review Committee to negotiate a settlement in an amount not to exceed $2,841.67 subject to Claimant's execution of a Release of All Claims form. F. RESOLUTION NOS. 90-122.90-123. AND 90-124 - Resolutions of the City Council of the City of Palm Desert, California, Setting Forth Its Findings and Authorizing the Destruction of Files from the Department of Building & Safety That Have Been Microfilmed. Rec: Waive further reading and adopt. G. REOUEST FOR REFUND of Prior Year's Revenues by M/M Youngquist in the Amount of $3,440.30. Rec: By Minute Motion, approve the refund and appropriate $3,440.30 to Account No. 110-4951-3695. H. REOUEST FOR APPROVAL of Contract No. 00-476 with the County of Riverside for Traffic Signal Installation at Country Club Drive and El Dorado Drive. Rec: 1. By Minute Motion, authorize the Mayor to execute Contract No. 00-476 with the County of Riverside for the subject traffic signal installation with the City sharing in 25 percent of the total costs; 2. By Minute Motion, appropriate $27,500 from the Unallocated Capital Projects Signal Fund for the City's share of the project. 2 ?(aNUTES REGULAR PALM DESER: TTY COUNCIL MEETING * * * * * * * * * * * * * * * * * * * * * * * ,rr i tMBER 13, 1990 4 * * * * * * * * * * * I. REQUEST FOR APPROVAL of Payment to the County of Riverside for Traffic Signal Installation at Country Club Drive and the Entrance to Palm Desert Greens. Rec: By Minute Motion, authorize an appropriation of $17,193.13 from the Unallocated Capital Projects Fund for payment to the County of Riverside for the City's share of the subject installation. J. REQUEST FOR APPROVAL of Agreement No. 00-477, with the City of Rancho Mirage and the County of Riverside for the Widening of Monterey Avenue from Frank Sinatra Drive to Dinah Shore Drive. Rec: By Minute Motion: 1. Authorize the Mayor to execute Agreement No. 00-477 with the City of Rancho Mirage and the County of Riverside for the subject street improvement; 2. Appropriate $90,000 from Measure "A" funds for the project. K. REQUEST FOR APPROVAL of Reimbursement to Mark A. Temple Construction for the Sand Mitigation in the North Sphere. Rec: By Minute Motion, authorize reimbursement in the amount of $10,970.01 to Mark A. Temple Construction for the clean up of sand along Cook Street. L. REQUEST FOR AWARD OF CONTRACT NO. 00-439 for Hovley Lane East Street Construction. Rec: By Minute Motion: 1. Award Contract No. 00-439 to E. L. Yeager Construction Company in the amount of $320,650 and authorize a ten -percent contingency in the amount of $32,065; 2. Authorize the appropriation of $112,565 from the Unallocated Ordinance 416 Reserve to the project budget; 3. Authorize staff to proceed upon receipt of an agreement for payment of reimbursable costs from the Coachella Valley Water District and when estimated revenue for FY 1990-91 is increased by $152,000. M. REQUEST FOR APPROVAL of One -Year Extension of Agreement No. 00-411 with F. X. McDonald for Mining of Sand. Rec: By Minute Motion, authorize a one-year extension of the subject agreement. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING sr.r i r.NIBER 13, 1990 * * * « * « « « « « « « « « « « « « * « « « « « * « « « « « « « « « * * * N. REQUEST FOR APPROVAL of Final Tract Map 25639, Desert Mirage, Ltd., Applicant. Rec: Waive further reading and adopt Resolution No. 90-125, approving Final Map 25639. O. REQUEST FOR APPROVAL of Final Tract Map 24530-1, Baron's Financial Corp., Applicant. Rec: Waive further reading and adopt Resolution No. 90-126, approving Final Map 24530-1. P. REQUEST FOR APPROVAL of Final Tract Map 24287, Chazan Development Company, Applicant. Q. Rec: Waive further reading and adopt Resolution No. 90-127, approving Final Map 24287. REQUEST FOR ACCEPTANCE OF WORK_for Contract No. 00-368, Highway 74 Sidewalk Installation. Rec: By Minute Motion, accept the work as complete and direct the City Clerk to record a Notice of Completion for Contract No. 00-368. R. REQUEST FOR CONS$NT to a Joint Public Hearing with the Redevelopment Agency for the Purposes of Considering a Sixth Amendment to Project Area No. 1, Amended. Rec: Waive further reading and adopt Resolution No. 90-l$, taking certain actions and consenting to hold a Joint Public Hearing with the Redevelopment Agency. S. L,t i I irk OF RESIGNATION by Mary Drury from the Architectural Review Commission. Rec: Accept with sincere regret. T. RESOLUTION NO, 90-1D - A Resolution of the City Council of the City of Palm Desert, California, Requesting The Local Agency Formation Commission To Take Proceedings For The Change of Organization Known as Palm Desert Annexation No. 27. Rec: Waive further reading and adopt. Councilman Wilson asked that Item C be removed for separate discussion during Closed Session. 4 tiFNUTES REGULAR PALM DESERT ITY COUNCIL MEETING * * * * * * * * * * * - * * * * * * * * * * * Sr.r i t.trIBER 13, 1990 * * . * * * * * * * * * * * Upon question by Councilman Kelly regarding Item M, Mr. Gaugush responded that Public Works Director Richard Folkers had been working with Mr. F.X. McDonald to secure the right- of-way. Upon motion by Snyder, second by Wilson, the Consent Calendar, with the exception of Item C, was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS A. RESOLUTION NO. 90-I29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CONTINUING THE REQUIREMENTS FOR POSTING OF CITY COUNCIL AGENDA AND PROVISION FOR PUBLIC COMMENT THEREIN. Mr. Altman reported that this resolution had been prepared by the City Attorney at the request of the City Council on August 23, 1990. Councilman Wilson moved to waive further reading and adopt Resolution No. 90-129. Motion was seconded by Benson and carried by unanimous vote of the Council. VDT. ORDINANCES For Introduction: None For Adoption: 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. Altman stated that there had been no changes to this ordinance since its introduction, and he recommended that it be adopted. Councilman Kelly moved to waive further reading and adopt Ordinance No. 612. Motion was seconded by Benson and carried by unanimous vote of the Council. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING 6r.r i r.MBER 13, 1990 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. ORDINANCE NO. 614 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND CHANGE OF ZONE FROM R-1, 12,000TO O.P. FOR ONE LOT ON THE EAST SIDE OF ACACIA DRIVE, 120 FEET SOUTH OF PARKVIEW DRIVE. CASE NO. C/Z 90-8, Mr. Altman noted that no changes had been made since introduction of this ordinance, and he recommended its adoption. Councilman Snyder moved to waive further reading and adopt Ordinance No. 614. Motion was seconded by Wilson. Councilman Kelly noted that he would abstain from voting because he was absent from the August 23rd meeting when the public hearing was held to discuss this matter. Mayor Crites called for the vote. Motion carried by a 4-0-1 vote, with Councilman Kelly ABSTAINING. C. ORDINANCE NO. 615 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY PREZONING SECTION 11, T5S R6E, PR-5 (PLANNED RESIDENTIAL, FIVE DWELLING UNITS PER ACRE) AND P (PUBLIC). CASE NO. C/Z 90-9, Mr. Altman noted that no changes had been made since introduction of Ordinance No. 615, and he recommended its adoption. Councilman Wilson moved to waive further reading and adopt Ordinance No. 615. Motion was seconded by Snyder and carried by a 4-0-1 vote, with Councilman Kelly ABSTAINING because he had been unable to attend the August 23rd public hearing when this matter was discussed. D. ORDINANCE NO. 616 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE TEXT OF CHAPTER 5.80 OF THE CODE OF THE CITY OF PALM DESERT PERTAINING TO CHARITABLE SOLICITATION. Mr. Altman noted that no changes had been made since this ordinance was introduced. He recommended its adoption. Councilmember Benson moved to waive further reading and adopt Ordinance No. 616. Motion was seconded by Snyder and carried by a 4-0-1 vote, with Councilman Kelly ABSTAINING because he was not present at the August 23rd public hearing when this matter was discussed. IX. CONSENT ITEMS HELD OVER None 6 NI -MUTES REGULAR PALM DESER ,TTY COUNCIL MEETING * * * * * * * * * * *-4 * * * * * * * * * * * Srrir-MBER 13, 1990 * * * * * * * * * * * * * X. NEW BUSINESS A. REOUEST FOR APPROVAL OF AMENDMENT TO CONTRACT NO. 00-148, FOR THE CAL -ID REGIONAL ACCESS NETWORK. Mr. Altman stated there was a memorandum in the packets from Sheriff Cois Byrd and recommended that the Council approve the amendment and authorize the Mayor to execute same. He noted that Councilman Kelly had been involved in the program since its inception. Councilman Kelly said he felt this was the best thing to happen since the invention of the two-way radio, and he moved to, by Minute Motion, approve the amendment as Contract No. Q¢ 148-1 and authorize the Mayor to execute same. Motion was seconded by Snyder and carried by unanimous vote of the Council. B. CONSIDERATION OF AN APPEAL OF AN ARCHITECTURAL REVIEW COMMISSION DECISION CONCERNING COMPATIBILITY OF A FRONT SETBACK AND BUILDING HEIGHT FOR A HOME PROPOSED BY JOHN SIPOS ON BLAZING STAR IN CANYON COVE TRACT. WILLIAM F. WALLACE. APPELLANT. Mr. Drell reviewed the staff report and showed a video of the lots owned by the applicant, Mr. John Sipos, the appellant, Mr. Wallace, and the surrounding neighborhood. He said it was discovered that Mr. Sipos' draftsman had incorrectly sited the house with a 25-foot setback when he actually intended to have only 20 feet, which was what a majority of the homes in Canyon Cove had. He stated that after meeting with Mr. Wallace, the applicant had agreed to have the house setback at 21 feet. He added that the Architectural Review Commission concluded that given the 20-foot code setback requirement and the predominance of 20-foot setbacks in the tract, it was not in a position to require a greater setback in this case. Mayor Crites invited testimony from the audience. MR. WILLIAM WALLACE, 4344 Clubhouse Drive, Camarillo, California 93066, distributed copies of diagrams to the Council showing what had been submitted to the Architectural Review Commission and to him by the applicant and also the various setbacks for surrounding homes (on file and of record in the City Clerk's Office). He said Mr. Sipos' house was not in conformity with other homes in the area, and he asked that the house be set back in accordance with plans given to him. MRS. WALLACE addressed the Council and stated that they had measured every single house and that the street did have some homes with 25-foot setbacks; the house across the street had a 25-foot setback for the garage, with the house itself further back. She added that she and her husband were concerned with obstruction of their view. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING sr.r t r.MBER 13, 1990 * * * * s s s * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. JOHN SIPOS addressed the Council as the applicant and said all he wanted was permission to build his home and retire in Palm Desert. He said he had offered to move the house back another foot but felt moving back five feet was unreasonable because he wanted to be able to have a pool and grassy area in the back yard. Upon question by Mayor Crites, Mr. Drell responded that the setback standard enforced was 20 feet, and the applicant was proposing to have the edge of his home at 21'6". Councilman Kelly said he felt it was the applicant, Mr. Sipos, who would have the terrible view because his lot was nine feet lower than the Wallaces. He added that he did not feel the City could force a person to move his house back further than what was required in the ordinance. Councilman Snyder agreed and said it was difficult for him to find justification for demanding more than what the code requires for setbacks. Councilman Wilson said he felt the Code was clear in its intent. He asked if there had been discussion at the Architectural Review Commission meeting regarding the possibility of moving the house back two feet as a neighborly gesture. Mr. Drell responded that the applicant had offered to set the house back one and a half feet. The confusion was with the original drawings. Councilmember Benson stated that these situations arise all the time, and Council stresses over and over again the issue of compatibility with the rest of the neighborhood. She said she felt there should be some type of compromise and suggested having the house at 23 feet. Councilman Wilson agreed that 23 feet would be a reasonable compromise. Councilman Kelly commented that he felt the home was more than compatible and that Mr. Sipos had the inferior location and worse view. Councilmember Benson responded that Mr. Sipos knew that when he purchased the lot. Mr. Sipos had not bought a view lot, but the Wallaces did. Councilman Kelly stated that he did feel it was fair for the Council to force Mr. Sipos to move his home further back, and he moved to, by Minute Motion, deny the appeal and uphold the decision of the Architectural Review Commission. Councilman Snyder asked the applicant if he would be willing to agree to the compromise suggested by Councilmember Benson and move the house back to 23 feet. Mr. Sipos responded that drawings had been done and plans approved to have the garage at 20'6"and the house at 21' 6" . However, he had offered to move it back another foot, and he said he would agree to have the house at 22' 6" . r 8 NNUI'ES REGULAR PALM DESERT ITY COUNCIL MEETING * * * * * * * * * * * * * * * * * * * * * br r i tMBER 13, 1990 * * . * * * * * * * * * * * Councilman Kelly amended his motion to have the house setback at 22'6"and the garage setback at 21'6". Motion was seconded by Kelly and carried by unanimous vote of the Council. Mr. Drell stated there was the remaining issue of the height of the block wall. Upon question by Council, Mr. Sipos agreed that the property wall would be four feet high. C. CONSIDERATION OF AN APPEAL OF AN ARCHITECTURAL REVIEW COMMISSION DECISION APPROVING A SIGN PROGRAM SUBJECT TO A COLOR CHANGE FROM BLUE TO TEAL FOR A BUSINESS AT 44-250 MONTEREY AVENUE. NRS OF PALM DESERT. APPELLANT. Mr. Diaz reviewed the staff report, noting that the applicant wished to use a dark blue for his sign, and the Architectural Review Commission preferred a teal color due to the desert color of the building. He said the applicant appeared to acquiesce to the decision but then later discovered that his franchise agreement would not him to use another color. He showed Council a color swatch of the teal color. MR. PETE LUSSIER, applicant, addressed Council and stated that the building color was actually navajo and that he did not see how the teal color would have anything to do with the color of the building. He showed a picture of the proposed sign and said he felt it was not offensive at all. Councilmember Benson stated that this type of situation arises all the time where a business requests a particular color or colors because it is standard for that business. She noted as an example that Toys R Us wanted to have a different color for each letter because that is their standard. She said they came back many times before they got three colors for the sign. Another example was T.G.I. Fridays when they wanted to change their awning to bright red because it was their logo color. The end result was they used the colors approved by the City; it did not prevent them from having a sign. After looking at the color swatch, Councilman Wilson said he could not see the franchiser objecting to a slight modification of the blue color, especially since the teal was as close to the blue as you could get. Councilman Kelly stated that without regard to the franchise, he felt the subdued blue would make a nice looking sign and that he did not see anything wrong with the color. He added that he liked the size of the address letters and felt there were too many places in the City which were impossible to find. Councilman Snyder said he felt the Architectural Review Commission was doing the best job they could in deciding these issues and that it would be very difficult for him to overrule a Commission vote of 4-0. Mayor Crites said although he felt the size of the letters was a good idea, it did not have anything to do with the color. He said he felt the letters would be equally visible from 9 MINUTES REGULAR PALM DESERT CITY COUNCIL I,nr= i uYG er r Y r. (BER 13, 1990 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * the street whether blue or teal. However, he agreed with Councilman Snyder that the Architectural Review Commission is appointed to look at aesthetics and that he would allow them in this case to be the arbitrator. Councilmember Benson moved to, by Minute Motion, deny the appeal and uphold the decision of the Architectural Review Commission. Motion was seconded by Snyder. A representative from the sign company, Signs by Mel, addressed the Council and stated that having the teal color would require that her company latex the letters because there is no teal plexiglass face. She said the latexed teal would have the possibility of fading from the sun and would not have the brilliance and sparkle as the blue plexiglass. Upon question by Councilman Snyder, she responded that this information was not related to the Architectural Review Commission. Councilman Wilson said he would speak against the motion and if it were to fail, he would make a second motion to refer the matter back to the Architectural Review Commission, ask the sign company representative to bring examples of the teal and plexiglass to show the Commissioners clearly the difference between the two, and ask the Commission to either reconsider the request or uphold its previous decision. Councilman Snyder said he felt strongly that the reason for having the Architectural Review Commission was to allow the applicant for a sign the opportunity to present the facts at a meeting. He said it would be difficult for him to overrule the Commission's decision. Councilmember Benson said she would agree there w; reason to send a matter back to the Architectural Review Commission if an applicant was not at a meeting to present his case. However, in this case the applicant was present and did not speak up to say he did not want the color decided upon by the Commission, and she did not see any reason to send it back. Councilman Kelly said he felt if the Council had an opportunity to send this matter back to the Architectural Review Commission and there is a chance everyone will come to a mutual agreement, the Council should do so. Mayor Crites called for the vote. Motion was defeated by a vote of 2-3, with Councilmembers Benson and Snyder voting YES and Councilmembers Kelly, Wilson, and Crites voting NO. Councilman Wilson moved to return this matter to the Architectural Review Commission to reconsider the issue based on the new evidence submitted at the Council meeting dealing with fading of the teal color, noting that at least a majority of the City Council was not questioning the color of teal but rather was questioning the issue of color fastness. Motion was seconded by Kelly and carried by a 4-1 vote, with Councilmember Benson voting NO. 10 KUNUTES REGULAR PALM DESERT ITY COUNCIL MEETING * * * * * * * * * * * * * * * * * * * * * * brr i hMBER 13, 1990 * * -s * * * * * * * * * * * D. INFORMATIONAL, ITEMS: 1. Palmer CableVision Update. Mr. Ortega noted that the House had passed a bill, HR267, which included some provisions for control of rates but that the FCC would have to be depended upon to determine standards. He said staff would continue to look at the bill being proposed in the Senate because it included provisions for telephone companies to serve as common carriers, although there were provisions in the bill that they would not be operators of cable systems themselves but would be only another medium by which programmers could reach households. 2. Update on Tri-Cities Sports Facility. Mr. Diaz stated that he had spoken with Frank Urrutia earlier that day. He said the final cost estimates would not be completed until the following week and that a report should be available for the Council at its September 27th meeting. In addition, he said Council may be asked to make a decision with regard to the County -wide assessment district at the next meeting. Upon question by Mayor Crites regarding the negotiations with neighboring cities relative to "fair share", Mr. Altman responded that he would be meeting with City Managers the following Monday and that the issue was on the Agenda for Wednesday's Cove Communities Public Safety Commission meeting. 3. Sister City Employee Exchange. Mayor Crites stated there was a memo in the packets describing the terms of the Sister City Employee Exchange program and listing the three employees who had initially expressed interest in being considered as candidates. Mayor Crites moved to, by Minute Motion, approve the Sister City Employee Exchange program as outlined in the memorandum. Councilman Wilson expressed concern with the establishment of eight exchange programs. He asked what the benefits would be other than cultural enrichment, warmth, and friendship with our sister city. He said he felt Palm Desert had the best staff and was concerned with having to do without key employees for the ten to twelve weeks they would be in Gisborne. Mayor Crites responded that the eight were not employee exchange programs but were identified as seed exchange, visitor information exchange, art exchange, etc. He added that with regard to benefits, it was hoped that any Palm Desert employees involved in the employee exchange would learn from Gisborne different ways to deal with problems, etc. In addition, an employee from Gisborne would spend an equal amount of time with the City of Palm Desert. He stated that the area of New Zealand where Gisborne is located had spent the last several years 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING ..)Er i r BBER 13, 1990 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * going through forced amalgamations and had combined many different offices. He said the City Manager of Wellington had told him that the Gisborne district was one of the most successful in this amalgamation, and he felt Palm Desert could learn something from it. Upon question by Councilman Wilson, Mayor Crites responded that this was being proposed as a one-time experimental exchange that would be assessed once completed. Councilman Kelly asked what the cost for the program would be, and Mayor Crites responded that the City would pay for airfare only. Councilman Kelly stated that his biggest concern was that Palm Desert would lose a key employee for two months, and this is a very critical time for Palm Desert, with many things happening. Mayor Crites responded that the timing could be arranged to best suit the City of Palm Desert's schedule. Councilman Wilson seconded the motion. Motion carried by a 4-1 vote, with Councilman Kelly voting NO. 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) Mayor Crites stated that this item had been continued from the last meeting. MR. BILL WARING addressed the Council and asked if any information had been received from other cities regarding this issue. Mr. Altman responded that a meeting had been held with him, Building Director Pat Conlon, and City Attorney Dave Erwin to review information from other cities. He said the result was that the City Attorney could not defend the City if a variance was granted. Mr. Erwin added that Pat Conlon had contacted the cities of Chino, Montclair, and Banning. He said the Banning building official was in the hospital. The building official from Chino indicated by telephone that spiral stairways would not be permitted; however, a subsequent letter indicated that they would be allowed. He added that the official for the City of Montclair indicated such stairways would not be permitted. Mr. Waring stated that he had spoken with Mr. Doug Ingmyer in Banning who had indicated there would be no problem obtaining a permit for a spiral stairway in the City of Banning and suggested that the ICBO be contacted. He said he had spoken with a representative of the ICBO who had advised she could see no problem approving the 12 r`1NUI'ES REGULAR PALM DESER' TI'Y COUNCIL MEETING sr.r J. AMBER 13, 1990 * * * * * * * * * * * 4 * * * * * * * * * * * * * * * * * * * * * * * * * stairway because it would be used mainly by employees and there were already fire exits. However, she had indicated the City would have to make inquiries in writing from the ICBO to see if an exception could be made. Mr. Erwin responded that the ICBO had been contacted and had agreed with Mr. Conlon. Upon question by Councilman Wilson, Mr. Erwin responded that he had verbally contacted the Attorney General's Office and was advised that any inquiry must be in writing. He added that he would be doing so shortly. Councilman Wilson stated he was confused by Section 105 of the Uniform Building Code as to why it did not allow spiral stairways in office uses such as the applicants', yet they were allowed in uses such as day care, where they were more dangerous. He felt it would be safer to have employees going up and down an interior spiral stairway during evening hours than going outside to get from one floor to the other. Mr. Erwin said he would include the safety issue as part of his request to the Attorney General's Office. He added that Section 105 dealt with the ability of the building official, after reviewing all technical data, etc., to approve those alternate materials and things not otherwise called out in the code. He said he and Pat Conlon had reviewed the section in detail and felt the issue of the spiral stairway was an item specifically called out in the code; therefore, Section 105 would not apply. Councilman Kelly said the fact remained that approving this spiral stairway might expose the City to greater liability if someone were to sue the City. Councilman Wilson moved to, by Minute Motion, continue this matter for a month and ask the City Attorney to write to the Attorney General and the International Conference of Building Officials for an opinion. MS. BOBBIE CORETTE, Lobland-Waring Realty, said there were many occasions when there have been derelicts around the office in the evening hours. She expressed concern with security for those employees working in the evening who must go from one floor to the other and have to go outside to do so. Mr. Waring addressed Council and requested that his attorney be allowed to participate in the preparation of the letter to the Attorney General's Office. Mr. Erwin responded that he would be happy to work with him. Councilman Kelly seconded the motion, and it carried by unanimous vote of the Council. B. CLAIM NO. 147 AGAINST THE CITY BY MR. AND MRS. L. E. HOLMGREN IN THE AMOUNT OF $300 FOR ALLEGED DESTRUCTION OF A SIGN. Mr. Altman noted that this had been continued from the last meeting and that staff had prepared a report, which was included in the packets. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL Mi 1 44V .r i- i rolBER 13, 1990 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly moved to, by Minute Motion, deny the Claim and instruct the City Clerk to so advise the Claimant. Motion was seconded by Snyder and carried by unanimous vote of the Council. Councilman Wilson reiterated his comments from the September 13th meeting that he would not want to see this type of situation happen again and asked that in the future staff make every effort to contact the F.,..1,;.. ty owner before ordering any abatement of a lot. C. 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 stated that its last meeting, the Council had directed that a resolution be prepared granting the appeal by Bruce Clark for a senior housing unit to be constructed with a new home south of Desert Lily, 400 feet west of Grapevine. Mr. Erwin added that he had prepared a new resolution of approval which included the legal description of the property so that it could be recorded with conditions of approval. Councilman Snyder moved to waive further reading and adopt Resolution No. 90-116 as amended by the City Attorney. Motion was seconded by Benson and carried by a 4-0-1 vote, with Councilman Kelly ABSTAINING because he was not present at the public hearing when this item was discussed. XII. OLD BUSINESS None XIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY 1. Mr. Erwin stated that an item had come up after the Agenda was posted relative to Final Tract Map 25373 and asked that Council place it on the Agenda for consideration. Councilman Snyder moved to add this item to the Agenda as one which arose after the Agenda was posted. Motion was seconded by Wilson and carried by unanimous vote of the Council. 14 MThf TTFS REGULAR PALM DESERT TY COUNCIL MEETING SEPTEMBER 13, 1990 * * * * * * * * * * * a- * * * * * * * * * * * * * * * * * * * * * * * * Mr. Erwin reviewed the staff report, noting that all agreements and bonds had been received. He added that the reason for asking Council's consideration at this time was that the applicant's financing would expire prior to the next Council meeting. Councilman Wilson moved to waive further reading and adopt Resolution No. 90-134, approving Tract Map 25373. Motion was seconded by Snyder and carried by unanimous vote of the Council. 2. Mr. Erwin asked that Council adjourn to Closed Session at the appropriate time pursuant to Government Code Section 54956.8,Real Property Transactions (City property on Portola Avenue in the North Sphere), 54956.9(a) (Shah vs. City of Palm Desert regarding undergrounding, Indian Springs Trust vs. City of Palm Desert), 54956.9(b), potential litigation, and personnel. C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. LETTER FROM THE HUMANF SOCIETY Relative to Its Request for Funding. Mayor Crites stated that with regard to the Humane Society letter, it was the Council's intent to ask the organization to forward to the City a list of all other cities which have contractual agreements with the Humane Society as well as information telling specifically what services are provided to them. Once that information is received, it will be forwarded to the Outside Agency Contributions Committee for reconsideration and submission to the City Council at a future meeting. MS. MARILYN BAKER addressed the Council as a member of the Board of the Humane Society of the Desert and reviewed the letter included in the packets. She said they currently had over 150 dogs and over 80 cats at their facilities and invited everyone to visit the orphan pet oasis. o jtv Council, Committee Reports: 1. Councilman Kelly stated that the Chairman of the Police Advisory Committee had asked him to thank the Council for purchasing the radar sign which will be used throughout the City to encourage motorists to slow down. The sign will be placed on top of a parked vehicle so that as cars approach it will display how fast they are going. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING 3r r 1 r MBER 13, 1990 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2. Councilman Kelly reported that he had attended a Mayors and Councilmembers Conference the previous evening and felt an effort should be made to ensure that the City of Palm Desert is always represented at both the Mayors and Councilmembers Conference meetings and the Inland Empire League of California Cities meetings. With Council concurrence, the City Clerk was asked to compile a list of the meeting dates of both Inland Empire and the Mayors and Councilmembers Conference. 3. Councilman Wilson stated that Bill Franklin of Corona had contacted him regarding amending the bylaws of the Mayors and Councilmembers Conference to form a new division of the League of California Cities that would be Riverside County cities only. He said all the cities were being asked to send letters in support or opposition within the next month. Mayor Crites stated that if there were no objections, the City Clerk would note that the Council was in favor of a Riverside County division of the League of California Cities. Council concurred. 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 MR. DAN EHRLER, Executive Vice President of the Palm Desert Chamber of Commerce, reported that a tour of the City had been organized the day before by the Chamber of Commerce and City staff, including City Manager Bruce Altman, Economic Development Director Paul Shillcock, and Senior Planner Phil Drell. He said they had filled a 43-passenger bus and that the tour was very successful and informative. He expressed the Chamber's appreciation to everyone involved. XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS None 16 MINUTES REGULAR PALM DESERT TTY COUNCIL MEETING .irrir,MBER 13, 1990 * * * * * * * * * * * * * * * * * * * * * * * *•* * * * * * * * * * * * XVIII. PUBLIC HEARINGS With Council concurrence, Mayor Crites suspended the remainder of the Agenda at this point to consider Public Hearing Item C. C. REOUEST FOR APPROVAL OF A MASTER TENTATIVE MAP SUBDIVIDING 362 ACRES INTO A 484-UNIT COUNTRY CLUB WITH A FIRST PHASE OF 108 UNITS - A CHANGE OF ZONE FOR 25 ACRES OF DRAINAGEWAY FROM O.S. TO PR-5 AND H.P.R. AND A FOCUSED ENVIRONMENTAL IMPACT REPORT. Mayor Crites stated that this project was adjacent to the Big Horn Research Institute and was called the Hayhoe development by some. He noted that both the applicant and members of the Big Horn Research Institute had asked that this matter be continued for two weeks in order to allow them to continue to have dialogue to see if they can come to some agreement on certain issues. He said the public hearing would be opened to receive any testimony, and then the matter would be continued to the meeting of September 27, 1990. He added that he understood there were members of the audience who had come to this meeting to give testimony, and he said it would be the Council's preference that they return on September 27th to give their testimony at that time. He said the staff report would also be given at that time. Mayor Crites declared the public hearing open and invited testimony from the audience. None was received. Councilman Wilson moved to continue this matter to the meeting of September 27, 1990. Motion was seconded by Snyder and carried by unanimous vote of the Council. Mayor Crites expressed appreciation to City Attorney Dave Erwin, Deputy City Attorney Kandy Allen, and Councilman Snyder for their time and effort regarding this issue. A. REQUEST FOR APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ESTABLISHMENT OF A COMMERCIAL DEVELOPMENT LOW INCOME HOUSING MITIGATION FEE FOR ALL COMMERCIAL DEVELOPMENTS WITHIN THE CITY OF PALM DESERT. (Continued from the meeting of July 26, 1990.) Mr. Drell reviewed the staff report, noting that the development agreement for the Ahmanson project had assessed a housing mitigation fee as a condition of development; however, this fee would only be operative if a similar City-wide fee program were established. He offered to answer any questions. Councilman Wilson asked how much opposition testimony had been received at the Planning Commission and Economic Development Committee meetings from the commercial development community. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING big Y rrvIBER 13, 1990 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Drell responded that there was one representative from Sunrise and one from the Building Industry Association whose testimony reminded staff and the Deputy City Attorney of the legal requirements for a mitigation fee. He said staff felt the findings were there to justify a mitigation fee and that the testimony given was fairly brief and confined to those issues. Councilman Kelly asked whether this had been reviewed by the Economic Development Committee. Mr. Drell responded that contained in the staff report was a study the EDC requested from staff relative to typical fees for commercial developments. Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. None was received, and he declared the public hearing closed. Councilman Kelly expressed concern with establishment of this fee and asked if there was anything which stated how much money has been received under the 20% set aside and not used. Mr. Drell responded that Table I of the staff report indicated that as of this year, there was $1.4 million available. He also reviewed Table III regarding analysis of long range costs and revenues for the program funded from the RDA Housing Fund without developer fees and Table IV which showed the effects of a development fee program. Councilman Kelly asked what would be done to ensure that it would be Palm Desert employees who would live in the affordable housing. Mr. Drell responded that there would be a waiting list, and those who are either employed or existing residents of Palm Desert for a certain period of time would have the ability to rent the units on a priority basis. Councilman Kelly said he would prefer that only the amount of affordable rental units needed be built and that it be considered an employee facility with one of the requirements for living there being that the person is employed in Palm Desert. He felt any further building of these units should be stopped until they are actually needed. Councilman Wilson said that this was something that had been discussed for a long time and needed to be implemented because every day that goes by is a lost day for needed housing in the City. 18 ivQNUTES REGULAR PALM DESERT 'TTY COUNCIL MEETING S i t (BER 13, 1990 * * * * * * * * * * * * * * * * * * * * * * * : * * * * * * * * * * * Councilman Snyder agreed. He complimented everyone involved in putting this information together. He noted that the concern of the Economic Development Committee was not so much with the fee as with Palm Desert's position in the Valley. He said one of the questions not answered was how the rest of the cities in the Valley compare and how many would agree to something similar. Mayor Crites stated that there were signed agreements to provide a certain number of housing units, and what was needed now was a way to pay for them. He said if this housing mitigation fee was not implemented, the funding would have to come from the City's General Fund. Councilman Wilson moved to waive further reading and adopt Resolution No. 90-130, establishing a Commercial Development Low Income Housing Mitigation Fee for all commercial developments within the City of Palm Desert, with instruction to staff to bring back a report on this issue one year from now assessing whether or not there have been any adverse affect on commercial development. Councilman Kelly offered a friendly amendment to direct staff to prepare a report once a year. Councilman Wilson accepted the amendment. Motion was seconded by Benson and carried by unanimous vote of the Council. B. RMOUEST FOR APPROVAL OF A PRECISE PLAN OF DESIGN, A DEVELOPMENT AGREEMENT, AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO CONSTRUCT 16 NEW APARTMENT UNITS FOR A TOTAL SENIOR HOUSING PROJECT OF 20 UNITS AT 44-457 AND 44-525 SAN RAFAEL AVENUE. SCHMITZ-ANDERSON. APPLICANTS. (Continued from the meeting of May 24, 1990.) Mr. Erwin recommended that the Mayor close the public hearing and that the letter of withdrawal be accepted. Mayor Crites declared the public hearing closed. With Council concurrence, the applicant's letter of withdrawal was accepted. XIX. ORAL COMMUNICATIONS - D None 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING sr r i = ABER 13, 1990 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XX. ADJOURNMENT Mayor Crites adjourned the meeting at 7:50 p.m. to Closed Session pursuant to Government Code Section 54956.8, Real Property Transactions (City property on Portola Avenue in the North Sphere), 54956.9(a) (Shah vs. City of Palm Desert regarding undergrounding, Indian Springs Trust vs. City of Palm Desert), 54956.9(b), potential litigation, Claims, and Personnel. He reconvened the meeting at 8:30 p.m. and immediately adjourned it, noting that Item C of the Consent Calendar had been approved by the Council for payment in an amount not to exceed $25.00, subject to Claimant's execution of a Release of All Claims form. SHEILA R. GtLLIGANITY CLERK CITY OF P tM DES T, CALIFORNIA BUFORD A(CRPTES, MAYOR 20