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HomeMy WebLinkAbout2005-02-24MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, FEBRUARY 24, 2005 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Crites convened the meeting at 3:04 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro Tem Jim Ferguson Councilman Richard S. Kelly Councilman Robert A. Spiegel Mayor Buford A. Crites Also Present: Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, City Attorney Sheila R. Gilligan, ACM for Community Services Homer Croy, ACM for Development Services Justin McCarthy, ACM for Redevelopment Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Mark D. Greenwood, City Engineer Amir Hamidzadeh, Director of Building & Safety Duane K. Munson, Interim Director of Human Resources Michael J. Errante, Director of Public Works David Yrigoyen, Director of Redevelopment & Housing Robert P. Kohn, Director of Special Programs J. Luis Espinoza, Assistant Finance Director Steve Smith, Planning Manager Walt Holloway, Battalion Chief, Palm Desert/Riverside County Fire Dept./CDF Steve Thetford, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept. III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2005 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) City of Cerritos, et al., v. State Board of Equalization, Alameda County Superior Court ("Triple Flip") Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Upon a motion by Mayor Pro Tem Ferguson, second by Councilman Kelly, and 5-0 vote of the City Council, Mayor Crites adjourned the meeting to Closed Session at 3:06 p.m. He reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE - Mayor Buford A. Crites VII. INVOCATION - Councilmember Jean M. Benson VIII. ORAL COMMUNICATIONS - B None IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE MELINDA BYRD FOR HER CONTRIBUTIONS TO THE CITY OF PALM DESERT AND ITS MARKETING COMMITTEE. Ms. Byrd was unable to be present at today's meeting. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2005 B. PRESENTATION TO RECOGNIZE JOYCE FRISCO AND JEROME PINEAU FOR THEIR CONTRIBUTIONS TO THE CITY OF PALM DESERT/ PALM DESERT REDEVELOPMENT AGENCY AND ITS CITIZENS' ADVISORY COMMITTEE FOR PROJECT AREA NO. 4. On behalf of the City Council and Redevelopment Agency, Mayor/Chairman Crites presented an engraved crystal clock to Ms. Frisco in appreciation for her time on the Project Area No. 4 Committee. Mr. Pineau was unable to be present. C. PRESENTATION TO THE CITY COUNCIL BY THE PALM DESERT HIGH SCHOOL FOUNDATION. The following Palm Desert High School Students addressed the City Council to extend their sincere appreciation for all that the City has done for their school over the past several years: MORGAN LINCOLNDAHL, ERIN STASHI, MIKE OLIVIER, and CHRIS LEE. In addition, the Palm Desert High School Cheerleading Squad performed a cheer, and the band's saxophone ensemble performed a musical number. Students presented each Member of the City Council with a Palm Desert High School Aztec mug. In recognition for the City's support, Palm Desert High School Foundation President JAN HAWKINS presented the City Council with an engraved plaque, denoting the City of Palm Desert as an "Aztec Community Partner." Palm Desert High School Principal PATRICK WALSH added that he'd just been informed this afternoon that PDHS was a finalist for the California Distinguished School Award, the only secondary school invited to apply this year. The. Award Team would be making a site visit within the next month or so. He emphasized that the partnership PDHS enjoyed with the City was a key component in the quality educational experience and thanked the City for all of its support. On behalf of the City Council, Mayor Crites responded that it was a pleasure to see the community spirit shown here today and hear of the students' impressive scholastic achievements. He agreed that the City wished to be good friends, good partners, and was truly rewarded by the recognition received by members of its community. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2005 D. APPOINTMENTS/REAPPOINTMENTS TO THE CITY'S ESTABLISHED COMMITTEES AND COMMISSIONS. Mayor Crites stated that in addition to the recommendations on the agenda, reappointment of Dave Tschopp to the Planning Commission should be included. Councilman Spiegel moved to, by Minute Motion: 1) Formally accept Tammy Perezchica's resignation from the El Paseo Business Improvement District Board of Directors; 2) appoint Robert Fliday and Janet Hanson to the El Paseo Business Improvement District Board of Directors to fill the vacancies created by the resignations of Tammy Perezchica (term 12/31/05) and Patrick Lilly (term 12/31/08), respectively; 3) formally accept the end of Francoise Rhodes' term on the Library Promotion Committee (term 12/31/04); 4) reappoint David Tschopp to the Planning Commission for a four-year term (1/1/05 - 12/31/08). Motion was seconded by Councilman Kelly and carried by 5-0 vote. E. PRESENTATION TO RECOGNIZE KATIE NETHERY. On behalf of the City Council, Mayor Pro Tem Ferguson presented a framed proclamation to Miss Nethery in honor of her 16`h birthday and the numerous contributions she's already made to the community. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of February 10, 2005. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 162, 166, 168, and 169. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#543) by Ernesto M. Quintero in the Amount of $561.56. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Hedi Ben Hamrouni for Hedi's Cafe Paris, 72-695 Highway 111, Suite A6, Palm Desert. Rec: Receive and file. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2005 E. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art In Public Places Commission Meeting of December 15, 2004. 2. Citizens' Advisory Committee for Project Area No. 4 Meeting of September 20, 2004. 3. Entrada del Paseo Steering Committee Meeting of October 13, 2004. 4. Youth Committee Meetings of December 7, 2004, and January 4, 2005. Rec: Receive and file. F. REQUEST FOR ADOPTION of Resolutions, Authorizing the Destruction of Department of Building & Safety Paper Records that Have Been Digitally Imaged (October and November 2004). Rec: Waive further reading and adopt: 1) Resolution No. 05-22 for October 2004 records; 2) Resolution No. 05-23 for November 2004 records. G. REQUEST FOR DECLARATION of Surplus Property and Authorization for Disposal — Miscellaneous Desert Willow Golf Resort Office and Course Maintenance Equipment. Rec: By Minute Motion, declare the items listed on the staff report's Exhibit "A" as surplus and authorize destruction, as outlined. H. REQUEST FOR RATIFICATION of City Manager's Authorization for Emergency Work Related to Roof Repairs at the Mesa View Fire Station Located at 73-200 Mesa View Drive (Contract No. C23470). Rec: By Minute Motion, ratify the authorization for emergency work in the amount of $16,350 by Al Miller & Sons Roofing, Inc., Cathedral City, California, and authorize a 10% contingency related to the roof repair for the Mesa View Fire Station — funds are available in Account No. 400-4161-415-4001. I. REQUEST FOR RATIFICATION of Contract for Additional Engineering Services for the Mesa View Fire Station Renovation Project (Contract No. C20580E). Rec: By Minute Motion, ratify the subject contract with Warner Engineering, Palm Desert, California, in the amount of $4,500. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2005 J. REQUEST FOR RATIFICATION of City Manager's Execution of Contract to Extend Deadline for the Funding of PM-10 Mitigation Measures (Contract No. C21661). Rec: By Minute Motion, ratify the City Manager's execution of a contract with South Coast Air Quality Management District (SCAQMD) to extend the deadline for the funding of PM-10 mitigation measures. K. REQUEST FOR RATIFICATION of Award of Contracts for Project Design Services Related to the Energy Efficiency Measures Loan Application to the California Energy Commission. Rec: By Minute Motion, ratify the following award of contracts for the subject project design services: 1) W. A. Doby Engineering, Inc., Yucaipa, California, in the amount of $9,150 (Contract No. C23290); 2) Servidyne Systems, LLC, Atlanta, Georgia, in the amount of $3,000 (Contract No. C23290A) — funds are available in Account No. 110-4132-411-3090. L. REQUEST FOR AWARD OF CONTRACT for Design of Traffic Signal Modification at San Pascual and Fred Waring Drive (Contract No. C23480, Project No. 566-05). Rec: By Minute Motion: 1) Award the subject contract to Hartzog & Crabill, Tustin, California, in the amount of $10,200; 2) authorize a 10% contingency for the project; 3) authorize the Mayor to execute said contract — funds are available in Account No. 400-4565-433-4001. M. REQUEST FOR APPROVAL of Memorandum of Understanding (MOU) with Retired and Senior Volunteer Program (RSVP) for the Citizens On Patrol Services Program (COPS) (Contract No. C23490). Rec: By Minute Motion, approve the subject MOU with RSVP to provide insurance and volunteer hour points for members of the Palm Desert Citizens On Patrol Program. N. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C23140 — Audiovisual Upgrades at the City/CVAG Conference Room at the Parkview Office Complex. Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $8,139 to the subject contract with GroggWorks, Inc., San Diego, California, to perform additional work related to the audiovisual upgrades; 2) appropriate said funds from Fund 510 for this purpose; { . 3) authorize the Mayor to execute said Change Order. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2005 O. REQUEST FOR APPROVAL of Amendment to Contract No. C23110 — Engineering Services for Highway 111 Sidewalk Improvements (Project No. 697-05). Rec: By Minute Motion: 1) Approve an amendment in the amount of $4,000 to the subject contract with Omnis, Inc., Chino Hills, California, for design and engineering services to construct a sidewalk on Rutledge Way; 2) approve a 10% contingency in the amount of $400; 3) authorize the Mayor to execute the amended agreement — funds are available in the Public Works Curb, Gutter, and Cross Gutter Accounts, Nos. 110-4312-433-3320 and 110-4313-433-3320. P. REQUEST FOR APPROVAL of Parcel Map No. 33068 (Fred Waring Professional Plaza, Applicant). Rec: Waive further reading and adopt Resolution No. 05-24, approving Parcel Map No. 33068. Q. REQUEST FOR APPROVAL of an Indemnification and Hold Harmless Agreement for the Morningstar Office Building Located at 73-733 Fred Waring Drive (Contract No. C23500). Rec: By Minute Motion, authorize the Mayor to execute the subject agreement with Suresh C. Shah. R. REQUEST FOR AUTHORIZATION to Notify the County Auditor of the Redevelopment Agency's Intent to Pay ERAF (Educational Revenue Augmentation Fund) from Agency Funding Sources. Rec: By Minute Motion, direct the City Manager, or his designee, to notify the County Auditor of the Agency's intent to pay ERAF from Agency funding sources. S. INFORMATIONAL ITEMS: 1. Report on Federal Emergency Management Agency (FEMA) Disaster Assistance 2. Update on the Food In Need of Distribution (FIND) Project Funded through the Community Development Block Grant (CDBG) Program Upon motion by Spiegel, second by Kelly, the Consent Calendar was approved as presented by a 5-0 vote. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2005 XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: None For Adoption: None With Council concurrence, Mayor Crites suspended the remainder of the Agenda at this point in order for the Council to consider Public Hearing B. Please see that portion of the Minutes for Council discussion and action. XIV. NEW BUSINESS A. CONSIDERATION OF AN APPEAL TO THE JANUARY 11, 2005, DECISION OF THE ARCHITECTURAL REVIEW COMMISSION, DENYING A SIX -FOOT -HIGH FRONT YARD WALL SEVEN FEET FROM THE CURB AT THE RESIDENCE LOCATED AT 73-350 CALLIANDRA STREET; AND A CITY COUNCIL REQUEST FOR REVIEW OF THE JANUARY 25, 2005, DECISION OF THE ARCHITECTURAL REVIEW COMMISSION, APPROVING A FOUR -FOOT -HIGH STUCCO WALL SEVEN FEET FROM THE CURB, OR A FIVE -FOOT -HIGH STUCCO WALL 15 FEET FROM THE CURB AT THE SAME RESIDENCE Case No. MISC 04-68 (Abdi Haile, Applicant). Planning Manager Steve Smith reviewed the staff report, noting that this was one of the few exceptions on Calliandra where the right-of-way is only seven feet wide. He said Architectural Review Commission on January 11, 2005, determined the property has ample room to accommodate a pool in either the front or rear yard without reducing wall setbacks and that no unusual circumstances exist to justify an exception to wall setback provisions. On January 25, 2005, the Commission considered another request by the applicant for a four -foot high stucco wall seven feet from the curb and approved either a four -foot stucco wall seven feet from the curb or a five-foot 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2005 stucco wall 15 feet from the curb. A member of the Council subsequently filed a request for City Council review of that action. He said the applicant's current request was for a five-foot wall seven feet from the curb; however, that setback would not comply with the ordinance just approved by Council, which required a 15-foot setback. Staff did not feel an exception was warranted and recommended that the appeal be denied and that the January 25, 2005, Architectural Review Commission decision be modified to be consistent with the provision of the revised wall ordinance, approving a 42-inch-high stucco wall seven feet from the curb or a five -foot -high stucco wall 15 feet from the curb. MR. ABDI HAILE, 73-350 Calliandra Street, Palm Desert, said the property did not have sufficient back yard for him to have the pool he wants, and the only choice he had was to put the pool in the front yard. He proposed the seven -foot setback for two reasons: 1) To have a decent sized area for a pool; 2) to comply with safety regulations and have some privacy, the wall was required to be five feet high. Current regulations allowed a four -foot - high wall, and he was requesting approval of an exception for the additional one foot. He said the only issue involved with that one -foot addition was aesthetics; there were no issues of encroachment, public safety, or anything else. He said he was willing to do whatever the City wanted him to in order to minimize the effect of that additional height. He noted that the elevation of the lot to his right, which would be adjacent to his pool, was approximately two feet higher than his lot. He said he had contacted many of his neighbors to explain his proposal, and they all basically gave their blessing. He disagreed with the Architectural Review Commission's determination that there was ample room in the back yard for a pool; in order to have the pool, he would have to remove the patio, patio cover, and the mature grapefruit and palm trees. Mayor Pro Tem Ferguson noted that from the photos provided to Council, it appeared there were two large trees that would have to be removed in the front yard in order for the applicant to put in a pool in that location. MR. HAILE agreed that one of the trees would have to be removed, and they would have to either trim the other one or have it removed as well. These were the only two trees that would have to be removed, and they were not fruit trees. Mayor Pro Tem Ferguson asked whether the Architectural Review Commission had had all of the information that was presented to the City Council, such as plans, etc. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2005 Mr. Smith responded that the first time this request was before the Architectural Review Commission, it was continued specifically so that site visits could be done by the Commissioners. Mayor Crites stated it was his understanding that the applicant's request would not comply with either the new ordinance or the old one, and he asked what the criteria were for an exception. Mr. Smith agreed and said the five-foot wall with the seven -foot setback from the curb would not fit under either ordinance. With regard to the exception, the wording was very similar to the requirements for a variance, and there would have to be exceptional circumstances such as grade change or high volume streets. He noted that exceptions had been made on Portola Avenue where higher walls were allowed to ameloriate noise concerns and light. He stated that, per the ordinance, "Requests for exceptions to the above standards may be brought before the Palm Desert Architectural Commission. For an exception to be approved, the Architectural Commission must make a finding that unusual circumstances exist which make the literal interpretation and enforcement of the standards impractical or contrary to the purpose of the ordinance codified in this section, and that the exception shall not result in damage to adjacent properties." Upon question by Councilman Kelly, Mr. Smith stated that the Architectural Review Commission determined this property did not qualify for an exception. Upon further question, he confirmed that the finding of the Architectural Review Commission was that there was ample room for a pool in both the back yard and the front yard with a 15-foot setback. Mayor Pro Tem Ferguson said it was troubling to him that the Architectural Review Commission had visited the site and determined unanimously that there was sufficient room for the applicant to put a pool in the back yard, and it was difficult for him to find an exception when both staff and the Commission could not. Councilmember Benson moved to, by Minute Motion, deny the appeal of the Architectural Review Commission action of January 11, 2005, and amend the Architectural Review Commission approval of January 25, 2005, to be consistent with the provision of the revised wall ordinance, approving a 42-inch-high stucco wall seven feet from the curb, or a five -foot -high stucco wall 15 feet from the curb. Motion was seconded by Kelly and carried by a 5-0 vote. Councilman Kelly noted that, while he had been critical of the Architectural Review Commission in the past, he had recently seen a lot of good work by that board, and he wanted to acknowledge that. Mayor Pro Tem Ferguson agreed. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2005 B. REQUEST FOR APPROVAL OF THE 2005 "SUMMER OF FUN" CONCERT AND MOVIE SERIES SCHEDULE AND RELATED SERVICES. Councilman Spiegel said he felt staff had done an outstanding job again this year, and he thanked the City of Rancho Mirage for its contribution of $7,500 toward the July 4th program. Councilman Spiegel moved to, by Minute Motion: 1) Approve the attached proposed Tine -up for the 2005 "Summer of Fun" Series; 2) approve a purchase order in the amount of $9,100 with Live Oak Multimedia, Indio, California, for movies, professional staff, and audiovisual equipment for the "Summer of Fun" movies; 3) approve a purchase order in the amount of $13,800 with Musicians Outlet, Palm Desert, California, for concert professional staff, sound and lighting for the "Summer of Fun" concerts; 4) approve a contract in the amount of $27,500 ($20,000 to be paid by the City of Palm Desert and $7,500 to be paid by the City of Rancho Mirage) with PyroSpectaculars by Souza, Rialto, California, for professional staff and pyrotechnic supplies for the annual Independence Day celebration on July 4, 2005 (Contract No. C23510A); 5) approve a contract in the amount of $6,000 with PyroSpectaculars by Souza, Rialto, California, for professional staff and pyrotechnic supplies for use at the final "Summer of Fun" concert scheduled to be held on September 1, 2005 (Contract No. C23510B); 6) authorize the Mayor to execute the following Performing Arts Contracts for "Summer of Fun" concerts: a) M & M Group — $5,000 (Contract No. C23510C); b) Mike Nadolson — $1,800 (Contract No. C23510D); c) Steve Madaio — $7,000 (Contract No. C23510E ); d) Rick Joswick — $2,000 (Contract No. C23510F); e) Tony Jones — $2,000 (Contract No. C23510G); f) Steve Swarthout — $1,600 (Contract No. C23510H); g) Redlands Symphony — $11,000 (Contract No. C23510I) — funds for the 2005 "Summer of Fun" Series in the amount of $86,800 are available in Account No. 110-4416-414-3061. Motion was seconded by Benson. Senior Management Analyst Patricia Scully noted that, since the posting of this meeting's agenda, the City of Indian Wells had also contributed $5,000 toward the Independence Day Celebration. Mayor Crites called for the vote, and the motion carried 5-0. C. REQUEST FOR APPROVAL OF THE IMPLEMENTATION OF A NEW CITY CELL PHONE POLICY AND AUTHORIZATION TO NEGOTIATE A CELL PHONE PLAN. Mr. Ortega reviewed the staff report and recommendation. Councilman Kelly said it was his understanding that those employees required to have cell phones would receive a per diem of $50 per month and would be allowed to obtain their own cell phones. It appeared from the staff report that a specific company would have to be used. He felt it would be 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2005 easier from an administrative standpoint if the per diem was given and employees could provide whatever kind of cell phone they chose. Councilman Spiegel said there was terrible reception on AT&T/Cingular. St. Margaret's Episcopal Church has two cell towers (Sprint and Verizon), and he felt these companies provided much better reception. Mayor Crites disagreed and said he had found AT&T/Cingularto be excellent in that same area. Mr. Kohn said the cell phone policy did not mandate the use of AT&T/Cingular. Staffs intent was to provide a stipend through this policy and negotiate the best deal possible for City staff. If employees wish to get a different type of phone, they can do so. Councilman Kelly said perhaps the wording of the policy could be clarified to reflect that employees required to have a cell phone will be given a $50 per month stipend and may use any company they choose. Mayor Pro Tem Ferguson said one thing that Council might want to consider is that the $50 stipend will be provided to the employees on their paychecks. With taxes taken out, the actual buying power of that $50 is going to be somewhere around $28. Councilmember Benson said when employees received car allowances, taxes were not taken out, and she asked why this would be different. Mayor Pro Tem Ferguson agreed and said he did not feel it should go through payroll. Councilman Kelly asked if the $50 per month would be treated as income and whether it would be reportable as such. Mr. Ortega responded that it would be considered income, and then it could be deducted as a reimbursed expense. If Council wished, a tax component could be added to the $50. With regard to the cell provider, employees would not be required to use AT&T/Cingular, they could go with another company if they chose to do so. Mr. Espinoza stated that with regard to taxing the $50, the City could instead reimburse employees the amount they actually pay, up to $50. Mayor Crites asked whether allowing employees the choice of reimbursement or payroll would create an accounting nightmare, and Mr. Espinoza responded that it would. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2005 Mayor Pro Tem Ferguson moved to, by Minute Motion: 1) Approve the implementation of a City Cell Phone Policy, including a monthly allowance of $50/month for select employees; 2) authorize the City Manager, or his designee, to negotiate a Cell Phone Plan with AT&T/Cingular that meets the City's needs, with the understanding that employees may choose their own cell phone plans if they do not wish to use AT&T/Cingular. Motion was seconded by Kelly and carried by a 5-0 vote. D. REQUEST FOR SELECTION OF AESTHETIC TREATMENT FOR THE PORTOLA AVENUE BRIDGE OVER THE WHITEWATER CHANNEL (PROJECT NO. 647-04). Mr. Ortega noted that Council had been provided with photographs of several alternatives for the aesthetic treatment of this bridge. Mr. Errante reviewed the staff report, noting that staff was proposing various types of architectural treatment on the interior, although no architectural treatment was being recommended on the exterior of the rail because it would not be visible. Upon question by Councilman Kelly, he responded that the proposal did include a balcony -type turnout that people could use. Councilman Kelly said he preferred Alternative 3, and Mayor Pro Tem Ferguson agreed. Councilman Kelly moved to select Alternative 3, with the fan palm stamped concrete. Motion was seconded by Ferguson and carried by a 5-0 vote. XV. CONTINUED BUSINESS A. CONSIDERATION OF CITY COUNCIL REQUEST FOR REVIEW OF AN ACTION BY THE ARCHITECTURAL REVIEW COMMISSION, APPROVING A SIX -FOOT -HIGH STREET -SIDE YARD WALL AT A RESIDENCE LOCATED AT 73-526 IRONWOOD STREET Case No. MISC 04-67 (Stan and Michelle Smith, Applicants) (Continued from the meeting of January 27, 2005). Planning Manager Steve Smith reviewed the staff report, noting that the wall in this application had already been constructed. A lower wall had previously existed, and the applicant, without approval or permit, raised the height to six feet. The code at that time required that six -foot -high street side yard walls be set back a minimum of 12 feet from the curb; a portion of this wall was approximately four feet from the curb, with the remainder at approximately 15 feet from curb. Architectural Review Commission required that the wall conform to the 12-foot required setback. The applicant then requested a modification to allow the six-foot wall with a minimum seven -foot setback, 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2005 which would necessitate the northerly 25 +/- feet of the wall to be taken down and moved back to seven feet, with the rest of the wall to remain as is. Mayor Crites asked whether the original wall had been torn down and whether it had come to within four feet of the curb. Mr. Steve Smith responded that not all of the wall was removed; some of the height may have been taken out of it, and then it was added on. He added that it was his understanding that the original wall had also come to within four feet of the curb and had probably been there for quite a long time. Upon further question, he responded that the Architectural Review Commission had not reviewed the portion of the wall along Burroweed, and no permits had been issued; however, staff had reviewed the portion of the wall along Ironwood on May 19, 2004, and had granted approval. Upon question by Councilman Spiegel, Mr. Steve Smith responded that the Architectural Review Commission condition that the wall conform to the 12- foot setback requirement would necessitate relocation of the northerly 61 feet of the wall. MR. STAN SMITH, 73-526 Ironwood Street, said the original wall had been there since 1960, and he asked if it would be acceptable to take the wall back to what it had been originally, which was between three and four feet high. He said they had removed two blocks from the top of the original wall to get to the re -bar and then added on to that. Mr. Steve Smith responded that he would defer to the City Attorney as to whether the applicant had lost his legal nonconforming status. Mr. Erwin stated that he was not sure at the moment and would want to look further into this, as the wall had been there since before incorporation of the City, and he would need to determine whether the status would apply to only structures or if it would include walls. Mayor Crites asked whether the City had any compelling reason to have the wall moved. Mayor Pro Tem Ferguson said the City would probably never have a need to widen Burroweed. Councilman Kelly agreed and said he did not see how having the wall at four feet from curb would ever affect the Public Works Department. Mr. Greenwood agreed and said he did not see a problem leaving the wall where it has existed for quite some time. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2005 Mayor Crites asked if the City would normally help to pay for the public right-of-way to be put back to 12 feet if it had any interest in doing so. Mr. Greenwood responded that he was not aware of the City ever having done that. Councilman Spiegel noted that the wall currently was stark white and did not match the house, which was a beige color. The applicant responded that the house would also be white stucco. Councilman Kelly said while he realized that four feet was close to the curb, it did not appear to be that close because of the way this property is situated. In addition, because the original wall had been there for such a long time, he did not feel it was logical to require the owner to tear it down. He suggested that the applicant be allowed to leave the wall as planned but that it be finished in a beige color that is not so bright and add some nice landscaping. The applicant said he would be in favor. Upon question by Mayor Pro Tem Ferguson, Mr. Steve Smith responded that the maximum height for a perimeter side yard wall was six feet at 12 feet from curb, and this wall was planned to be at six feet when completed. Mayor Pro Tem Ferguson noted that the applicant had simply added to this wall and did not destroy the original wall, which was assumed to be a lawful nonconforming use. He said he did not know what, if anything, the City would gain by requiring him to take the wall down to three to four feet, given that he is already in the City's right-of-way. He said he would rather look at a nice wall with some landscaping than the applicant's back yard. He agreed with Councilman Kelly and said he was in favor of allowing the applicant to leave the wall as planned, with the addition of some landscaping and change in paint color. He added that he would like to do this with the understanding that if the City ever needs its right-of-way back, the applicant would agree to that (he noted for the record that the applicant was nodding in the affirmative when asked about this understanding with regard to the right-of-way). Mayor Crites said he did not have a problem with the City's previous ordinance, which allowed a six-foot wall with a 12-foot setback; however, he was concerned with the same wall at a four -foot setback. He thought it looked remarkably high and remarkably close, and he felt the wall should be stepped down as it nears the street. MR. STAN SMITH stated that, with regard to landscaping, he had just recently sold a home on Willow Street and Frontage Road, and he had all the outside landscaped. This property on Ironwood and Burroweed would be landscaped similarly. With regard to the tiered effect of the wall, he said he would leave the wall the way it is up to the 12-foot setback. At that point, he would tier the wall down to five feet; at the point where the wall is seven 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2005 feet from the curb, it would be tiered down to four feet. He also agreed to change the color to beige and recognized the City's 12-foot right-of-way, agreeing to return it to the City if it is ever needed. Councilman Kelly moved to, by Minute Motion, authorize the Applicant to retain the wall project as originally planned, with the following conditions: 1) Wall will be modified to have a tiered effect, lowering it incrementally adjacent to the Ironwood frontage; 2) wall will be finished in a neutral/beige color and completed with an approved landscaping plan; 3) Applicant acknowledges that the northerly portion of the wall, located less than 12 feet from the curb, is located in the City's public right-of-way. Motion was seconded by Ferguson and carried by a 5-0 vote. XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF THE CREATION OF CUL-DE-SAC CLOSURES ALONG HIGHWAY 74 FRONTAGE ROAD AT THE SHADOW MOUNTAIN DRIVE TRAFFIC SIGNAL (Continued from the meeting of February 10, 2005). Mr. Greenwood reviewed the staff report and offered to answer any questions. He noted that this public hearing was a required procedure to close off the road. Upon question by Councilman Kelly, he responded that all of the neighbors had been notified and given copies of the plan. Mayor Crites declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. With no testimony offered, he declared the public hearing closed. Councilman Kelly moved to waive further reading and adopt Resolution No. 05-21, creating cul-de-sac closures along Highway 74 Frontage Road at the Shadow Mountain Drive traffic signal. Motion was seconded by Ferguson and carried by a 5-0 vote. B. CONSIDERATION OF THE APPROVAL OF A ZONING ORDINANCE AMENDMENT AS IT RELATES TO WALL HEIGHTS AND LOCATIONS IN THE R-1, R-2, R-3, AND P.R. ZONE DISTRICTS Case No. ZOA 04-04 (City of Palm Desert, Applicant). Planning Manager Steve Smith reviewed the staff report and offered to answer any questions. Upon question by Councilman Spiegel, he said the new ordinance would limit the wall of the front yard to three -and -a -half feet at the minimum setback; a five-foot wall would be allowed at 15 feet, and a 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2005 six-foot wall at 20 feet. If someone wanted to put a pool in the front yard, it would need to meet the five-foot enclosure requirement with a 15-foot setback from curb. Mayor Pro Tem Ferguson noted the language about a personal inspection prior to the permit being issued, permit fee increasing to $200 from $20, and staff being able to use their discretion. Mr. Smith responded that the permit structure recently adopted requires charging fees based on the amount of time actually spent to do the inspection. A provision was included that would allow the applicant to bring in photographs of the subject property and adjacent properties; if staff can make a call based on the photographs, the additional fee amount would not be necessary. Mayor Crites declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. MS. SHERYLEN YOAK, 73-477 Siesta Trail, Palm Desert, said her husband remodels and fixes up houses. She expressed concem with the proposed ordinance in that an aesthetic type opinion was becoming similar to a homeowners association. She said she liked the individual right to appeal to the City for her architectural designs for front walls. With no further testimony offered, Mayor Crites declared the public hearing closed. Councilman Spiegel questioned the necessity for a setback for a swimming pool; there are a lot of pools in the City that are closer to the front yard, and you cannot have a three -and -a -half -foot wall with a pool. He said he was opposed to the setback requirement. Mayor Pro Tem Ferguson stated there was a comment in the staff report that most of the City right-of-way goes 10 to 12 feet into the property anyway, so there is a defacto setback to begin with. Upon question by Councilman Spiegel, he said the home right across the street from him does not have a back yard, and there is an exception in the ordinance that when people do not have enough space in the back yard, they can wall in the front yard and do not have to follow the setback requirement. Councilmember Benson said she did not believe the walls around a single- family home can be compared to country clubs, where the houses are set back far from the fence. She said this was a different look than having a high fence around every other house or every third house on a block, and it was a different aesthetic value. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2005 Mayor Crites noted that some of the requirements had been modified for walls and fences on large projects such as homeowners associations and country clubs. Councilman Kelly said he felt the most important thing was that the walls have proper landscaping and tha wood should not be allowed. Mayor Crites noted for the benefit of Mrs. Yoak that the City had spent months looking at options and ways of revising this ordinance. If approved, wall height would be regulated in the same manner as building height, sidewalks, etc., all of which are, to some degree, aesthetic judgments as opposed to public safety judgments. Councilman Ferguson moved to waive further reading and pass Ordinance No. 1091 to second reading, amending Palm Desert Municipal Code Section 25.56.195. Motion was seconded by Benson and carried by a 4-1 vote, with Councilman Spiegel voting NO. XVIII. REPORTS AND REMARKS A. CITY MANAGER Mr. Ortega noted the copy of the letter from University of California, Riverside (UCR), confirming that Chancellor Cordova would come to City Hall on March 24, 2005, at 4:00 p.m. to brief the City Council on programs to be offered at the UCR-Palm Desert Campus. With City Council concurrence, the City Manager was directed to inquire whether the schedule could be somewhat modified, with the first choice being March 24 at 2:30 p.m., second choice being at 3:30 p.m. that day, if possible. B. CITY ATTORNEY None C. CITY CLERK 1. Reminder of Upcoming Activities: o Joint City Council/Housing Commission Tour of Housing Authority Properties, Friday, March 4, 2005, 8:30 a.m. o Joint City Council/Youth Committee Meeting, Tuesday, March 8, 2005, 6:00 p.m. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2005 D. PUBLIC SAFETY o Fire Department Battalion Chief Holloway reported: 1. Three -alarm fire in Rancho Mirage yesterday, all Palm Desert units responded. The incident resulted in a $2.7 million Toss (about a $200,000 save), as the fire was well involved by the time the Fire Department arrived. No injuries were reported. 2. The Fire Department's Swift Water Rescue Team, based out of Palm Desert's Station No. 33, has been very active during the recent onslaught of rain. The Team performed about a dozen rescues the past couple of days, and they'll be coming back on duty for the next storm that's predicted. He noted that most of the rescues were actually performed outside of the Cove Communities (many in and near Tri Palms Estates, Thousand Palms), but they appreciated the City's support of their function as they were based and trained in Palm Desert. Responding to Councilman Kelly, Chief Holloway explained that the Swift Water Team Members were primarily with the Truck Company. However, when the Team is activated, the rest of the Truck Company may be called out to the site to give the Swift Water specialists some supplemental support. o Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. College of the Desert Swimmina Pool.— Councilman Spiegel said he had attended the COD Poundat on Meeting yesterday. With the recently approved $400+ m ion bond issue, COD will be doing work on the following bbildin : 1) School of Nursing; 2) Public Safety Academy; 3) Extension of the Early Childhood Education Center. However, he was concerned that nothing was being done on the swimming pool. He asked for his colleagues' concurrence that staff be directed to contact COD about the City becoming the lead agency for a swimming pool 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2005 project on land the College would donate near its entrance on San Pablo. Otherwise, it would be a long time before COD would be able to work it into their renovation schedule; meanwhile, the community was without a pool. He believed there were a lot of potential partners for the project, like Cove Communities, YMCA, and the Coachella Valley Recreation & Park District, but it needed someone to get it started. With City Council concurrence, staff was directed to prepare a report for the March 24, 2005, City Council Meeting about the COD swimming pool project. o City Council Committee Reports: None o City Council Comments: 1. Councilman Kelly reported that SunLine has a great commercial about the Shopper Hopper when you call their office and are placed on hold. XIX. ADJOURNMENT Councilman Kelly moved to adjourn the meeting at 6:31 p.m. Motion was seconded by Benson and carried by a 3-0 vote, with Councilman Spiegel and Mayor Pro Tem Ferguson ABSENT. ATTEST: R HELLE D7 KLASSENY), ITY CLERK CITY OF PALM DESERT, CALIFORNIA BUFJ Rti A. C ITES, MAYOR 20