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HomeMy WebLinkAbout1986-05-08MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING THURSDAY, MAY 8, 1986 CIVIC CENTER COUNCIL CHAMBER . . . . . . . . . . . . . . . . . . . . . . . . . !. CALL TO ORDER Mayor Kelly convened the meeting at 4 p.m. II. PLEDGE OF ALLEGIANCE - Councilmember Jean M. Benson 111. INVOCATION - Councilman Walter H. Snyder IV. ROLL CALL Present: Excused Absence: Councilmember Jean Benson Councilman Walter H. Snyder Councilman S. Roy Wilson Mayor Richard S. Kelly Also Present: Mayor Pro-Tem Phyllis Jackson Bruce A. Altman, City Manager Carlos Ortega, Assistant City Manager Douglas Phillips, Deputy City Attorney Sheila R. Gilligan, City Clerk/P.I.O. Kirby J. Warner, Director of General Services Ramon A. Diaz, Director of Community Services Richard J. Folkers, Director of Public Works Frank Allen, Director of Code Enforcement V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of April 24, 1986. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 86-102 and 86-104. Rec: Approve as presented. MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING MAY 8, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • C. CLAIM AGAINST THE CITY by Yvonne Jenkins in the Amount of $81.90 for Alleged Damages to her Automobile. Rec: Deny the Claim and instruct the City Clerk to so advise Claimant. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Cedar Creek Inn Corporation for Cedar Creek Inn, 73-445 El Paseo, Suite 11-A, Palm Desert. Rec: Receive and file. E. REQUEST FOR TRANSFER OF OWNERSHIP for Used Furniture Loaned to Fire Department. Rec: By Minute Motion, authorize the transfer of ownership title to the County of Riverside for those furniture items loaned to the Fire Department for use at the Headquarters Station. F. REQUEST FOR ACCEPTANCE OF WORK for Tract No. 11636-4, Lewis Homes, Applicant. Rec: By Minute Motion, accept the tract as complete and authorize the City Clerk to release the Faithful Performance Bond (including monumenta- tion) and Labor and Materials Bonds and accept a ten -percent maintenance bond for a one-year period. G. REQUEST FOR APPROVAL OF CHANGE ORDER for Contract No. 00-073, C.O.D. Ballfield Lighting Project. Rec: By Minute Motion, approve the transfer of $9,289.06 from contingency for the project. H. REQUEST FOR APPROVAL OF CHANGE ORDER for Contract No. 00-115-1, for Engineering Services for Assessment District 83-1 (Kicak & Associates). Rec: By Minute Motion, approve Change Order No. 1 in the amount of $45,476.90. 2 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING MAY 8, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • I. REOUEST FOR AUTHORIZATION TO AWARD CONTRACT NO. 00-116 FOR BANKING SERVICES IN ACCORDANCE WITH PROPOSALS RECEIVED. Rec: By Minute Motion, approve Contract No. 00-116 for a three-year period with Crocker National Bank, subject to approval of the City Attorney as to contract form and content. Mayor Kelly asked for explanation on Item "I" as to why Crocker Bank was considered the low bidder. Mr. Warner explained that the purchase of new checks for a new bank would off -set any savings with the next lowest bidder as the City currently uses Crocker Bank. He said the bidding process Is a way for the Finance Depart- ment to determine it is getting the most for the City's money. Upon motion by Snyder, second by Kelly, the Consent Calendar was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS A None VII. RESOLUTIONS None VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 465 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING TITLE 27 OF THE PALM DESERT MUNICIPAL CODE AS IT RELATES TO GRADING OF PROPERTY. Councilmember Benson said this ordinance had not been taken back to the Residential Subcommittee for its review and comment and suggested this be done before Council considera- tion. Upon motion by Benson, second by Wilson, Ordinance No. 465 was continued to the meeting of June 12, 1986, by unanimous vote of the Council. 3 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING 1MAY 8, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • For Adoption: A. ORDINANCE NO. 462 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REGULATING AND PROHIBITING SMOKING. Councilman Wilson said he had been asked if this ordinance would apply to the conference rooms of the Civic Center. Mr. Altman responded that it could and noted that Palm Springs leaves the issue up to a consensus of people attending meetings. If someone objects to smoking during a meeting, then it is not allowed. Upon question by Wilson, Mr. Altman said that it would apply to meeting rooms such as at College of the Desert. Upon motion by Benson, second by Snyder, Ordinance No. 462 was adopted by unanimous vote of the Council. B. ORDINANCE NO. 463 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOP- MENT AGREEMENT RELATING TO LOWER INCOME RENTAL CONTROL FOR A 20-UNIT SENIOR CITIZEN APARTMENT PROJECT LOCATED AT THE SOUTHWEST CORNER OF CATALINA WAY AND SAN CARLOS AVENUE. CASE NO. DA 86-2. Mr. Altman reported that no input had been received since first reading of this ordinance. Upon motion by Snyder, second by Benson, Ordinance No. 463 as adopted by unanimous vote of the Council. IX. CONSENT ITEMS HELD OVER None X. NEW BUSINESS A. CONSIDERATION OF A PROPOSAL TO RENAME 34TH AVENUE TO DINAH SHORE DRIVE. Mr. Altman said that it had been Council's policy to designate streets with numbers to be renamed for people who have contributed to the Coachella Valley. Because it was at Council's direction, he asked for same in this request from Rancho Mirage. 4 MINUTES ADJOURNED/REGULAR CiTY COUNCIL MEETING MAY 8, 1986 . . . . . . . . . * . * * . . . . . . . * . a * . Councilman Wilson said he disagreed that it was Council policy to do this and remembered great public controversy in the proposed renaming of Country Club Drive to Gerald Ford Drive. He said since this street did not exist within the City of Palm Desert to date, he saw no need to rename it now. Councilman Snyder said he would prefer having property owners' input before even thinking about such a proposal. Councilman Snyder moved to continue the matter indefinitely, and Councilmember Benson seconded the motion. Motion carried by unanimous vote. B. CONSIDERATION OF ONE-WAY OPERATION ON SAN PASCUAL AVENUE NORTH OF FRED WARING DRIVE. Mr. Folkers reviewed staff's report and recommendation. Councilman Wilson said he felt this might just be causing another problem inasmuch as people won't change their driving habits just as they wouldn't on the frontage roads. Mayor Kelly said he preferred installation of a flashing light to warn motorists of the curve. Councilman Snyder said he felt the people on the street should be contacted for their thoughts prior to Council making any change. Upon question by Councilmember Benson, Mr. Folkers responded that two phone calls from very concerned residents had precipitated this Item's consideration and subsequent approval by the Technical Traffic Committee. Councilman Snyder moved to direct staff to talk to all residents of this street to see if they would be willing to try this on a trial basis and if so, bring it back to the City Council for action. Councilman Wilson seconded the motion. Motion carried by a 3-1-1 vote with Mayor Kelly voting NO and Councilmember Jackson ABSENT. At this point In time, Council took up the Reports and Remarks section of the Agenda -- see Page 5. XI. CONTINUED BUSINESS None 5 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING MAY 8, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • X11. OLD BUSINESS None With no further business at this time, Mayor Kelly recessed the meeting at 5:40 p.m. for the dinner break. XIII. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XIV. ORAL COMMUNICATIONS - B None XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF SERVICE PLAQUE to The Reverend Daryl Bjerke for Ten Years of Service as Member of the Parks & Recreation Commission. Mayor Kelly presented the Reverend with a plaque thanking him for his ten years of service on the Park & Recreation Commission. He also thanked him for the many other community contributions he had made over the years and said he would be badly missed. Reverend Bjerke thanked the City Council and expressed his appreciation for not only being allowed to serve the City, but also for the many friendships he had acquired along the way. B. CONSIDERATION OF APPOINTMENT of Katherine King to the Riverside County Free Library Advisory Committee to Replace Mrs. Gertrude Keedy Who Resigned. Councilman Wilson moved to appoint Mrs. Katherine King to fill the unexpired term of Mrs. Gertrude Keedy on the Riverside County Free Library Advisory Committee. Councilman Snyder seconded the motion which carried by unanimous vote. Councilman Wilson asked that Mrs. Keedy be invited to a Council meeting for public recognition and thanks for her many years of service. Mr. Altman responded this would be arranged for the next regular meeting. 6 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING MAY 8, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • XVI. PUBLIC HEARINGS A. CONSIDERATION OF A REQUEST FOR VACATION OF STREET RIGHT-OF-WAY ON FAIRHAVEN DRIVE BETWEEN SAN JUAN AVENUE AND PARKVIEW DRIVE, Richard Glover, Applicant. Mr. Diaz suggested that since public hearing A and B were related and one could not go without the other's approval that Council consider them together. Council agreed. 8. CONSIDERATION OF AN AMENDMENT TO AN APPROVED PRECISE PLAN FOR A 26 UNIT HOUSING DEVELOPMENT AT THE SOUTHEAST CORNER OF PARKVIEW DRIVE AND FAIRHAVEN DRIVE TO RELOCATE GARAGES AND CREATE THROUGH CIRCULATION AND AMENDMENT TO A 25% DENSITY BONUS DEVELOPMENT AGREEMENT PROVIDING CONTROLLED LOW/MODERATE RENTAL RATES. (Continued from the meeting of April 24, 1986.) Mr. Folkers reviewed the staff report and recommendation for the street vacation and Mr. Diaz reviewed same for the proposed project. Mayor Kelly declared the Public Hearing open and asked for testimony in favor of the request. The following spoke: 1. Mr. Charles Martin, 73-725 El Paseo, spoke as architect for the project. 2. Mr. Richard Glover spoke as applicant. Mayor Kelly invited testimony in opposition to the request, and none was offered. He declared the public hearing closed. Mr. Diaz recommended that the Council include an additional condition of approval to be No. 14 of Resolu- tion No. 86-44 requiring the street be improved to the satisfaction of the Director of Public Works. Councilman Snyder moved to waive further reading and adopt Resolution No. 86-45, Resolution No. 86-44 as amended by Mr. Diaz, and to pass Ordinance No. 464 to second reading. Councilmember Benson seconded the motion. Motion carried by unanimous vote. C. REQUEST FOR APPROVAL OF NEGATIVE DECLARATION OF ENVIRON- MENTAL IMPACT FOR THE HIGH SCHOOL ACCESS ROAD. Mr. Diaz reviewed the staff report and recommendation after which Mayor declared the Public Hearing open. 7 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING MAY 8, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • Mayor Kelly invited public testimony, and the following spoke: 1. Ms. Virginia Severson, Valley Palms Estates, against Alternative C. 2. Mr. John Marshall, 43-200 Rutledge, against 8 and for A. 3. Mr. Frank Moran, Valley Palms Estates, in favor of F. 4. Bernard Donovan, 73-921 Lion Canyon Lane in favor of the Planning Commission recommendation. 4. Steven Chambers, Valley Palms Estates, 1n favor of A. 5. Mr. Joe Fettig, 74-355 Buttonwood, in favor of A and opposed to B or D. 6. Ms. Alane Townsend, 43-082, in favor of A and opposed to B or D. 7. Mr. Len Malloy, 74-870 San Simeon, opposed to C and F. 8. Mr. Bruce Jellins, 43-210 Silk Tree, opposed to 8 and 0 and in favor of A, C, E, or F. 9. Ms. Cathy Cotton, 43-120 Rutledge, opposed to B and 0 and in favor of the Commission recommendation. 10. Mr. George Charistophiades, 43-430 Camino, opposed to B and D. 11. Ms. Charlotte Brazelle, Las Lagos, favored B. 12. Mr. Joe Fettig said no traffic study was done on impact of traffic. Mayor Kelly declared the Public Hearing closed. Councilman Wilson stated that the City had an obligation to make a major access road from the west, which would be Alternatives D, F, or C. He said that prior to the traffic analysis he had favored Alternative 8, but based on this traffic study which named Alternative A as the least desirable, B as the next least, and D as the third least desirable, he saw Alternatives C and E as being the most desirable. Since Alternative E was out because of the settlement with the Valley Palms Estates, then the next best thing was Alternative C. and it was logical because traffic will be coming primarily from the south and the west as indicated in the traffic analysis. Councilman Snyder said he believed the solution was as the traffic people had pointed out. The school must be opened, and the school must have access. He agreed with Alternatives C and A as recommended by the Planning Commission. 8 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING MAY 8, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • Councilmember Benson said she was very concerned about all the traffic on those four major corners. Cook Street will carry the burden. She agreed that modified Alternative C would be the most desirable route of all. Mayor Kelly said that when you look at traffic of the high school and how it is analyzed and where it will come from, he couldn't understand why there was an attempt to make an entrance from the west. He agreed that the Council should follow the recommendations of the Planning Commission and approve Alternative C. Councilman Wilson moved to, by Minute Motion, affirm the Planning Commission's recommendation and certify the negative declaration of environmental impact. Councilman Snyder seconded the motion, and motion carried by unanimous vote. Councilman Wilson moved to authorize the necessary engineering for Alternative C along the westerly boundary of Valley Palms Estates. Councilmember Benson seconded the motion, and the motion carried by unanimous vote. Councilman Snyder moved to direct staff to request the Desert Sands Unified School District to modify the high school site plan to provide a major access point at Alternative A, which is 750 feet north of Valley Palms Estates. Councilmember Benson seconded the motion. The motion carried on a 3-1-1 vote, with Councilman Wilson voting NO and Councilmember Jackson ABSENT. Councilman Wilson stated that he could not vote for the motion since Alternative A had been the last choice of the traffic engineer. He said it was too close to the Wash for traffic to be able to slow down and based on his experience as a facility planner, it is a poor idea to intersperse vehicular and pedestrian traffic. The first thing you learn as a college planner is not to do this. The same logic applies here. MAJOR KELLY RECESSED THE MEETING FOR 5 MINUTES AT 9:20 P.M. THE MEETING RESUMED AT 9:25 P.M. D. REQUEST FOR APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, PREANNEXATION ZONING OF PR-7 5.0., PRECISE PLAN/CONDITIONAL USE PERMIT, PARCEL MAP, AND DEVELOPMENT AGREEMENT FOR A 556-UNIT SENIOR HOUSING DEVELOPMENT ON 23 ACRES. 9 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING MAY 8, 1966 • • • • • • • • • • • • • • • • • • • • • • • • • Mr. Diaz reviewed the staff report and recommendation of the Planning Commission. Mr. Phil Drell reviewed particulars of the proposal. Mayor declared the public hearing open and invited testimony in FAVOR of the project. MRS. PAMELA SMALLWOOD, 71-111 La Paz, Rancho Mirage, addressed the Council on behalf of her project, stating that it was her dream because of her fond memories of her grandmother's zeal and independence up to three years of the end of her life. MR. PAUL SELZER, Attorney, spoke on behalf of the applicant and noted with specific data that all concerns raised at the Planning Commission level had now been mitigated. MR. DAVID LEVINSON, Project Architect, reviewed the design of the project and its desirability to the community. MR. JOE FAUST, Traffic Engineer for the project, reviewed all traffic concerns and proposed mitigations. MR. HAROLD HOUSLEY, 74-091 Larrea, Paim Desert, spoke as engineer and addressed drainage issues of the project. MR. ED DONATELLi, 43-555 Deep Canyon Road, spoke in support of the project and the community's need for such. He read a letter from Mr. Tony Kane, the City's first treasurer, also In support of the project. He also submitted a letter from Senator Emma Brown of the California Senior Legislature and petitions in favor of the project signed by Sarah Stepanian, Josephine Cook, Anne Rallo, George E. Swells, Marie Bangs, Edith M. Wright, Elda Mandic, John Mandic, Josephine Territo, and Ernst Wright (on file and of record in the City Clerk's Office). MS. ALDA STOCKWELL, from the Office on Aging in Riverside, spoke on behalf of the project and the need for this type of development throughout Riverside County. MS. BERNICE POPE, 912 La Paz, Rancho Mirage, said that she and her friends had been very enthusiastic about this project since they first heard of it. 10 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING MAY 8, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • Mayor Kelly invited testimony in OPPOSITION to this project. COUNCILMAN WILLIAM AHRENSTEIN of Indian Wells spoke against the project, its density, its height, and the traffic congestion it would create. MR. PAUL KANEKO, Planning Director of the City of Indian Wells, 44-950 Eldorado Drive, read a six page letter of opposition for the record, said letter attached hereto and made a part hereof as Exhibit "A". MR. PRINCE PIERSON, City Manager of the City of Indian Wells, 45-531 Rancho Palmeras, Indian Wells, spoke against the project, its density inasmuch as he felt it was too much for the acreage, and that the project had many impacts that had yet to be addressed. He said there were no sidewalks, it was not close to grocery stores or senior citizen facilities, and he noted that the Coachella Valley Water District had recently advised them of a problem with the sewage treatment plant which this project would drastically impact and yet had not addressed. MR. GENE LEMING, 44-812 Del Dios, Desert Horizons, spoke against the project and its density and height. MR. JIM BEASLEY, 75-589 Desert Horizons, spoke against the project, its density, its traffic impacts, and its height. MR. JIM HEIGHO, Desert Horizons, spoke against the project, its height, its density, Its management, and its prospect for being a convalescent home or congregate care facility. MR. NORMAN MEETA, Attorney, said that he didn't think anyone was opposed to the concept of senior citizens and he was not present to oppose that concept. He questioned the validity of a negative declaration of environmental impact with regard to high density, traffic, and location of the proposed buildings, compatibility of 27 units to the acre vs. 1.8 across the street, and he felt that the issues had not been adequately addressed. MR. KEVIN LODER, Michigan Drive, Indian Wells, spoke against the project and its density in relation to his own residence in Los Lagos. He said that density in that 11 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING MAY 8, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • project was 2.8 units to the acre as opposed to this proposed 27 units to the acre. MS. CHARLOTTE BRAZELLE, 44-175 Mojave Drive, Indian Wells, spoke against the project, its density, its height, and the fact that it had no garages. Mayor Kelly Invited REBUTTAL. MR. SELZER rebutted the arguments presented relative to the negative declaration of environmental impact and said that they had mitigated all concerns and impacts. MR. RICHARD COURT rebutted the arguments against the density and the location. Mayor Kelly declared the public hearing closed. Councilmember Benson said that she felt the Council as a whole was very cognizant of the needs of the seniors of the community of Palm Desert and had, fn fact, addressed housing needs in the Palma Village Specific Plan with the senior housing overlay. She said this project was 1.6 miles from the senior center, it was three stories, a much higher density than was Intended for the senior overlay, and she had strong concerns about its compatibility with its adjacent neighbors. Councilman Snyder concurred with Councilmember Benson's comments and said that anyone who is against senior housing is against apple pie. He said that the senior overlay was to be used for housing adjacent or close to the senior center and not in 5 to 7 d.u. residential areas. He said the high density of this project was definitely a problem. He said Indian Wells had raised legitimate questions that should be answered. Councilman Wilson stated that the senior overlay zone was to encourage affordable development and housing in the Palma Village area and adjacent to the senior center. He said he was surprised to see the senior housing overlay being applied to property on the outskirts of our City. He said it bothered him that only 50% of the residents would have cars even though they were a considerable distance from major shopping or even grocery stores. He said there were no sidewalks and the City's public transportation in this area was minimal. Me said that the location was not conducive to the senior overlay housing. 12 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING NAY 8, 1986 . * . . : . . . . * . . . . . . * • . . . : . * . He went on to state, with regard to staff's concept that this project was exempt from the school impact fees, when the Council adopted this policy it stated that it applied to all dwelling units, and the rationale for that was no development would occur in the City that wouldn't bring with it a need for service workers and these workers would have children and these children would impact the schools. He said he was frustrated and could not understand how the Planning Commission could preempt the Council's own ordinance. Mr. Phil Drell responded that the School District had advised that projects of this kind with senior citizens were being exempt as having no impact on the schools. Councilman Wilson responded that he would like to see staff pursue this question and come back to the Council with a more thorough report. Mayor Kelly stated that he concurred with Councilman Wilson in that our neighboring city of Indian Wells had raised some very important concerns. He said it all boiled down to the fact that the project was not compatible with the surrounding projects. The senior overlay is not used the way the Council had understood it or intended it to be used. He said he felt the Council was doing everything they could to provide senior housing but that this was not in a location intended for senior housing inasmuch as its distance from major shopping and senior facilities. Councilmember Benson moved to deny the project and to direct staff to prepare the necessary resolution showing the cause of denial as set forth at the Council meeting. Councilman Snyder seconded the motion. Motion carried by unanimous vote. Councilman Wilson moved to direct staff to look at the senior overlay zoning In areas outside the City so that the City didn't come up with these projects of 58 units to the acre and to make sure that the zoning was used to conform to the Council's original intent. Councilmember Benson seconded the motion. Motion carried by unanimous vote. 13 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING NAY 8, 1986 • • • • • • • • • • • • • • • • • • • • •. • • • • XVII. REPORTS AND REMARKS A. CITY MANAGER 1. ROADSIDE SURVEY FOR COOK STREET EXTENSION Mr. Altman reported that the Police Department would be working with the engineer for this proposed extension in stopping motorists on both Washington Street and Bob Hope Drive to determine where they were driving from, where they were going, and the length of the trip. He said this data was required by Caltrans as justification for the extension. He said that if traffic started to back up, cars would be let through until it eased. 2. ECONOMIC DEVELOPMENT COMMITTEE Mr. Altman reported that this committee had met three times. He said that this committee, as well as the 2000 committee, was recommending a hotel circle for the north sphere of the City. He added that the committee was recommending that the City Council approve an $18,000 expenditure so that the economic consultant could look at this concept as an add -on to his original contract. He said that the draft economic analysis was In, the committee had already looked at it, and it would be before the Planning Commission and City Council In the near future. Councilmember Benson moved to authorize the transfer of $18,000 for expenditure as an add -on to the Williams Kuebelbeck & Associates Contract to have Shant Agajanian look et the hotel circle concept in the City's north sphere. Councilman Snyder seconded the motion. Motion carried by unanimous vote. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. OFFICIAL CHANGE OF MEETING TIME Councilman Wilson suggested that staff be directed to change whatever ordinance or resolution necessary 14 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING MAY 8, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • to officially change the regular meeting time of Council meetings to 4 p.m. With no objection from Councilmembers, Mr. Altman said he would have staff prepare whatever was necessary for presentation at the next Council meeting. 2. ORDINANCE AMENDMENTS DISCUSSED AT JOINT MEETING Councilmember Benson asked when the proposed changes to ordinances as discussed at the joint study session of the Planning Commission, Architectural Review Commission and Council would be brought to the Planning Commission and City Council. Mr. Diaz said he would provide an update and schedule to the Council at its next meeting. 3. PALM VALLEY CONSTRUCTION PHOTO ALBUM Councilmember Benson stated that a resident of Indian Springs Mobilehome Park had contacted her about a photo album showing this construction from start to finish and asking if the City would like it. Mr. Folkers said the City would love to have it. 4. TRAFFIC MITIGATION FEES Mayor Kelly read the following prepared statement: "We all talk about orderly development; we all talk about traffic problems; we all agree we must mitigate adverse environmental impacts. In the Coachella Valley, the major adverse environmental impact in development is traffic congestion. If Palm Desert had no development, we would still be adversely affected by development of other cities around us and anywhere in the Coachella Valley. A plan and a way needs to be developed with all other cities in the Coachella Valley. Orange County has a computer- ized system where development mitigation fees are charged to each development in relationship to the traffic generated by that development with the fees to be used for common projects. I propose that the City of Palm Desert take the lead in proposing a joint powers agreement between the nine cities and the County in the Coachella Valley to develop such a formula and assessment of fees. The fees collected would be used for the traffic problems common to all communities generated by development. It could be l5 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING MAY 8, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • Mayor Kel Committee necessary if more time were required to have an agreement between the nine cities and the County to limit growth until a satisfactory joint powers agreement has been signed by all parties and a satisfactory formula approved." Councilman Wilson asked how Mayor Kelly proposed moving ahead -- such as through CVAG? The Mayor responded that while CVAG would be a good place, two cities in the valley did not belong to it; all cities belong to SCAG which Is currently conducting a transportation study of the Coachella Valley. He suggested calling a meeting with one elected repre- sentative of each city to discuss the proposal and determine mutual interest. Upon question by Councilmember Benson, Mr. Altman responded that Orange County had had this fee for over one year as had San Diego County. Councilman Snyder, as Chairman of CVAG, suggested that It be presented to the Executive Committee at Its next meeting on May 27th to get reaction. Councilman Wilson concurred and added that Mr. Edmonds of Caltrans should be invited to participate in this discussion. ly agreed and the item was referred to the Executive of CVAG for discussion at its meeting of May 27th. 5. R.V. STORAGE SPACE AT PALM DESERT MOBILE ESTATES Mayor Kelly said that he had received a phone call from a Mr. Bishop relative to the City's directive in a 30-day notice to vacate any recreational vehicle currently stored in the park which does not belong to a tenant. He said that there were no places in the City to park these vehicles and this should be permitted. Councilmember Benson said that if these spaces were being rented to other than tenants, then the area should have its own entrance to prevent this type of traffic through the park's residential area. Deputy City Attorney Doug Phillips said that the ordinance prohibiting this was written in a very vague manner and even if the Council did not choose 16 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING MAY 8, 1986 . . . • . • . • • • • • • • * • . • • • • • • • • to amend it, the ordinance should be rewritten for clarification. Councilman Wilson moved to direct the City Attorney to rewrite the ordinance to specifically clarify the area dealing with recreational vehicle parking, schedule a public hearing relative to whether or not this use should be permitted, and come back with a report as to what is in the ordinance,problems with it, and the pros and cons of permitting it. Councilman Wilson seconded the motion. Motion carried by unanimous vote. 6. GREYHOUND BUS STORAGE AT 74-310 DE ANZA WAY, Councilmember Benson said she had received complaints about this vehicle from neighbors and asked that the Code Compliance Department look into the matter. 7. SUNUP GARDENING SERVICES, 74-745 DE ANZA Councilmember Benson said she had received complaints about this also because they were obviously conduct- ing this business from the home and because seven or eight trucks are parked there. XVIII. ADJOURNMENT Upon motion by Wilson, second by Benson, and unanimous vote of the Council, Mayor Kelly adjourned the meeting at 11:25 p.m. ATTEST: SHEILA R. GILL GAN, CITY C RK CITY OF PALM DESERT, CAL ORNIA 17 RICHARD S. 'KELLY, M tOR MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING MAY 8, 1986 * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT "A" City VIndiart 44960 ELDORADO DRIVE May 8, 1986 The Honorable Mayor Richard Kelly Palm Desert City Council City of Palm Desert 73-510 Fred Waring Drive Palm Desert,CA 92261 • INDIAN WELLS, CALIFORNIA 92210 (619) 346.2489 RE: Change of Zone #85-12, P.P./CUP 85-87, DA 86-4 & PM 21142 Dear Mayor Kelly: The purpose of this letter is to outline some of the concerns of the City of Indian Wells regarding the above noted applications involving the construction of a 556-unit senior housing project on 20.5 acres on the north side of Fred Waring' Drive, 1400 feet east of Cook Street. Please accept them in the spirit of cooperation between our two neighboring cities. As you know, the City of Indian Wells has been very much concerned about the above -noted project, referred to as the "Silverado Retirement Village". Comments made by our Planning Commission were submitted to your commission during the hearing of February 4, 1986. The purpose of this letter is to reiterate our concerns for the issues that remain unresolved, and to outline what we think are important implications of the Palm Desert decision on this project. 1. Indian Wells feels that the project represents an excessive amount of density in relation to projects located adjacent within Indian Wells, across Fred Waring Drive to the south. The project density is 27.1 units per acre, as opposed to the density of the Desert Horizons Country Club at 1.8 units per acre. In terms of people density (2 persons per unit, as an example, for either project) the population density for the project will amount to 54.2 people per acre, as compared to 3.6 persons per acre in the Desert Horizons Country Club; i.e. 15 times greater. Based on this assumption, it is conceivable that a total of 1,112 people could actually live on the site. The project density also appears to be undesirable in relation to projects within Palm Desert, itself. The 42-acre property to the west has been approved for the construction of a 270+/- unit single-family residential subdivision. Indian Wells agrees with Mr. Strothers, who repsresented the owners of the property, that the proposed senior housing project would 1 MINUTES ADJOURNED/REGULAR CITY COUNCI MEETING MAY 8, 1986 * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT "A" Mayor Richard Kelly May 8, 1986 City of Palm Desert adversely impact their proposed project. It is the position of Indian Wells that the variation in density between the subject property and the adjacent, existing and/or proposed development in the area is undesirable and bad planning. 2. State law requires that any approved development be consistent with the city's General Plan. A goal stated in the Palm Desert General Plan, adopted April 9, 1981, is to : "Provide for an orderly balance of both public and private land uses within convenient and compatible locations throughout the City and ensure that all such uses -- type, amount, design and arrangement -- serve to protect and enhance the environment, character and image of the City." An adopted objective, also stated in the Palm Desert General Plan, states that the City will: "Minimize conflicts between land uses created by drastic variations in intensities of use, densities and access requirements." An adopted objective, stated in the "Urban Design Element" is to create logical and efficient patterns of land use activities. It is the opinion of Indian Wells, based on the discussion above, that the project is notconsistent with the above -stated goals and objectives and, therefore, not consistent with the Palm Desert General Plan - a required finding specified by the California Government Code, Section 65300 et seq. and 65860 et seq. Consistency of the project to the entire Palm Desert General Plan should be documented and a finding of consistency be made part of the record. 3. It is the opinion of Indian Wells that the project is substantial and will significantly impact the environment. For this reason, the City feels that the project deserves at least a focussed environmental impact report. The following is a list of the City's concerns --areas that it believes that the negative declaration neglected to address or information needs to be substantiated. a. What will be the traffic impact of the project? The proposed negative declaration only scratches the surface of what the impact might be. It is recommended that a traffic impact analysis, consistent with Traffic Engineers' guidelines, be conducted for the project. The following should be documented: 2 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING MAY 8, 1986 * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT "A" Mayor Richard Kelly May 8, 1986 City of Palm Desert 1) Trip generation and Design Hour Volumes. 2) Trip distribution - direction of approaches to property plus purpose. 3) Trip assignment - movements of site -generated traffic plus purpose. 4) Existing and projected traffic volume. 5) Critical lane capacity analysis - driveways capacity - need for acceleration and deceleration lanes, etc. 6) Traffic signal progression. 7) Level of service - 20 year projection of facilities. 8) Traffic accident report. 9) Reciprocal parking - residents, employees, service, etc. b. What are the problems associated with the project's location and local health care facilities? The relationship of the project to such facilities should be documented. c. The City of Indian Wells recommends that the applicant be required to participate in the construction of bridge crossings over the Whitewater Storm Channel at both Fred Waring Drive and at Cook Street, plus the signalization at Fred Waring Drive and Eldorado Drive. d. Indian Wells questions the location of the proposed project. Does the project conform with basic locational standards for senior housing projects, i.e. close proximity to shopping, educational and recreational activities? The nearest grocery store is located in the Village Shopping Center on the southwest corner of Highway 111 and Cook Street, 3/4 miles from the subject site. Because of distance and traffic, such stores are not in close proximity or within easy access to the proposed project. The library is located on the corner of Portola and Shadow Mountain Drive, 2 miles from the site and not within close proximity to the proposed project. The Senior Citizens Center is located 1-1/2 miles from the project down Fred Waring Drive. The College of the Desert is located 2 miles from the site. The nearest park is located 1/2 mile from the site, in the vicinity of the high school on Cook Street. e. The proposed negative declaration makes numerous general, vague and unsupported assumptions/statements. More data, information and details are needed to substantiate the project's impact on the envirommnet as required by the California Environmental Quality Act. Such statements should include 3 MINUTES ADJOURNED/REGULAR CITY COUNCV 'FETING MAY 8, 1986 * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT "A" Mayor Richard Kelly May 8, 1986 City of Palm Desert discussions comparing the project to alternative uses possible for the site as well. The following specific areas need to be upgraded: 1) Air Quality 2) Land Use 3) Open Space 4) Population 5) Employment 6) Housing 7) Transportation and Circulation 8) Public Services 9) Public Utilities 10) Human Health 11) Social Services 12) Aesthetics 13) Archeological/Historical Wherever possible, the discussions of each of these items should be supported by comments from agencies or individuals as a result of their review of the project. Also, mitigation measures should be specified. According to Section 15206(b)(2) of the California Environmental Quality Act, the proposed project can be found to be of statewide, regional, or areawide significance. The project fulfills the criteria of a 500-plus unit residential development. As discussed above, the project has the potential for causing significant effects on the environment extending beyond the city in which the project is to be located. A draft EIR or Negative Declaration prepared for the project shall be submitted to the State Clearinghouse and the Southern California Association of Governments for review and comment. To the City's knowledge, this has not been done. 4. In the case, "Topanga Association for a Scenic Community vs. the County of Los Angeles" in 1974, the court: "--defined findings as legally relevant subconclusions which expose the agency's mode of analysis of facts, regulations, and policies, and bridge the analytical gap between raw data and ultimate decision (Topanaaa supra at pp. 515 and 516). In other words, findings are the legal footprints local administrators and officials leave to explain how they progressed from the facts through established policies to the decision." "The court also outlined four purposes for making findings, two of which are relevant mainly to the decision -making process, and the other two relevant to judicial functions. Findings should: 4 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING MAY 8, 1986 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EIBI TT "A" Mayor Richard Kelly May 8, 1986 City of Palm Desert 1. Provide a framework for making principled decisions, enhancing the integrity of the administrative process; 2. Help make analysis orderly and reduce the likelihood that the agency will randomly leap from evidence to conclusions; 3. Enable the parties to determine whether and on what basis they should seek judicial review and remedy; and, 4. Apprise a reviewing court of the basis for the agency's action. When courts review challenges to an agency's adjudicative decision on the basis of abuse of discretion, they will review the record to determine whether: 1. The agency has proceeded in the manner required by law; 2. That findings support the decision; and 3. That evidence supports the findings. The last two elements are commonly referred to as the substantial evidence test. Under this test the court reviews administrative decisions for complete links between data, analysis, and final decision. The substantial evidence test requires that agencies make findings for all adjudicative decisions in order to assist the court to "bridge the analytical gap between the raw evidence and ultimate decision," as the Topanga court noted in 1974." Based on the above discussion contained in this letter, it is asserted by Indian Wells that Palm Desert cannot legally make the necessary findings as delineated in the Topanga decision in relation to the subject noted cases, i.e. C/Z 85-12, PP/CUP 85- 47, PM 21142 and DA 86-4. In acting on the case as they did, the Planning Commission also erred, as well. On behalf of the City of Indian Wells, I would recommend that the above -stated project be denied or continued until such time as an environmental impact report can be prepared for the project and adequate documentation can be developed to enable the City of Palm Desert to make necessary, basic findings of consistency with the adopted General Plan; consistency with the adopted Zoning Ordinance, and that sufficient environmental impact analysis has been conducted and all significant impacts are mitigated. Please consider these comments in making your decision on the above -noted project and do not hesitate to call me if you 5 MINUTES ADJOURNED/REGULAR CITY COUNCTT MEETING MAY 8, 1986 * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT "A" Mayor Richard Kelly May 8, 1986 City of Palm Desert have any questions or comments. PEP/gb Very truly yours, C]TY OF INDIAN WELLS j ;/. --)111-qt-c,k64,-62d-44-U PRINCE E. PIERSON City Manager 6