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HomeMy WebLinkAbout1986-10-23MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, OCTOBER 23, 1986 CIVIC CENTER COUNCIL CHAMBER • • • i • • • i • • • • • • i • I. CALL TO ORDER Mayor Kelly convened the meeting at 4:30 p.m. II. PLEDGE OF ALLEGIANCE - Councflmember Jean M. Benson III. INVOCATION - Mayor Richard S. Kelly IV. ROLL CALL Present: Councflmember Jean M. Benson Councilman Walter H. Snyder Councilman S. Roy Wilson Mayor Richard S. Kelly Also Present: Bruce A. Altman, City Manager Carlos L. Ortega, Assistant City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk Kirby J. Warner, Director of Finance Ramon A. Diaz, Director of Community Services/Planning Richard J. Folkers, Director of Public Works V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of October 9, 1986. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST_THE CITY TREASURY - Warrant Nos. 0908, 0910, 0915, and 1001. Rec: Approve as presented. MINUTES REGULAR/ADJOURNED PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • C. CLAIM NO. 028 AGAINST THE CITY by Steven C. Boyd in the Amount of $655.47 for Alleged Damages to His Vehicle. Rec: Deny the Claim and Instruct the City Clerk to so advise the Claimant. D. REQUEST FOR RELEASE OF SUBDIVISION IMPROVEMENTS for Parcel Map 18764, Carver Management Corporation. Rec: By Minute Motion, accept the improvements as complete and authorize the City Clerk to release the Faithful Performance Bond and accept a Faithful Performance Bond in the amount of $36,900 guaranteeing the installation of a raised median island on Country Club Drive. E. REQUEST FOR AWARD OF CONTRACT NO. 00-105 for 1985-86 Cross Gutter and Curb and Gutter Repair Program (Project No. 635-87/1106). Rec: By Minute Motion, authorize the Mayor to enter into a contract with Allred and Kyser Construc- tion Company, Inc., in the amount of $51,881.25, plus a ten -percent contingency of $5,188.13, for the construction included in the 1985-86 Cross Gutter and Curb & Gutter Repair Program. F. REQUEST FOR AUTHORIZATION TO CALL FOR BIDS FOR THE LIVING DESERT BIKEWAY. Rec: By Minute Motion, authorize the City Clerk to call for bids for the Living Desert Bikeway. Upon motion by Snyder, second by Wilson, the Consent Calendar was approved as presented by unanimous vote. VI. ORAL COMMUNICATIONS - A MS. TINA MADDIS, 45-330 Ocotillo Street, addressed the Council relative to leaf blowers. She said that she lived in an apartment complex right off El Paseo and that the turnover of renters there was fourfold because gardeners were using them in the commercial project right next door as early as 4:00 a.m. She said that while she could live with the dust that they created, she could no longer tolerate the noise. She stated that she knew the gardeners were not violating City ordinance and asked if the ordinance could be amended to establish time limits for the machines. 2 MINUTES . REGULAR/ADJOURNED PALM DESERT,,CITY.000NCIL MEETING OCTOBER ' 23, 1986 • • • •, • .. • •, • • • . • • • • • • • • * •• • • Mr. Erwin advised that this issue had been raised at a previous City Council meeting and that his office had looked at from two standpoints: 1) the noise being generated; and 2) from the standpoint of the dust generated. He said they were currently looking at both and anticipating a report by the meeting of November 13. Upon question by the Mayor, Ms. Maddls replied that if the machines were regulated to use only after 8:00 a.m. It would be of great assistance to her and her fellow residents of the apartment complex. Councilman Snyder stated that he had asked that these types of machines be eliminated completely in the City of Palm Desert and that he knew of at least three other cities that had banned them completely. He said that the dust blowers blew dust into the street and into someone else's yards and he wanted the study by the City Attorney's office to include the possibility of eliminating these machines totally. Mayor Kelly stated that he had heard from people who used the blowing machines that stated they could not clean the rocks in their yards without them, to which Ms. Maddls replied that the gardener of the commercial complex had indicated that water .would do equally good a job but that the owner of the commercial complex would not let them use the water. MR. RALPH WOOD, 72-902 Roy Emerson Street, addressed the Council relative to ,yet another wood fence in Deep Canyon Tennis Club. He reviewed the case brought before the Council during the summer months where Mr. Pazuila, a homeowner In the Lewis Homes project Immediately behind Deep Canyon Tennis Club, had received permission to build a wood fence without Architectural Review Commission approval. He reminded the Council that this, after great discussion and deliberation by both the Architectural Review Commission and the Council, had been allowed with the condition that no more wood fence requests would receive permits. He pointed out, however, that still another had in fact received approval and permitting. He said he felt that the City should make some kind of attempt to make sure that this fence was landscaped in the same manner that the previous fence had been. Pat Conlon, Director of Building & Safety, stated that the City currently had no restrictions against wood fences and that if the Council so desired perhaps the existing ordinance should be modified for such restrictions. He said that he had spoken with Lewis Homes about planting honeysuckle landscaping along this fence and that they had been happy to oblige in 3 MINUTES REGULAR/ADJOURNED PALM DESERT CITY COUNCIL MEETING • • • • • • • • • • • • • • • • • • OCTOBER 23, 1986 • • • • • • • thls case. However. since that discussion escrow had closed on this particular piece of property and a different owner was Involved, and that owner was yet to be contacted. Mr. Diaz stated that when thls fence had been approved, a condition of Its approval was that It would be properly landscaped. He asked Council if he might have an opportunity to speak with Lewis Homes as well as to discuss with the Planning Commission a possible amendment to the existing ordinance. Council concurred that Mr. Dlaz would speak with Lewis Homes and discuss the matter with the Planning Commission relative to a. possible amendment to the City's ordinance. VII. RESOLUTIONS A. RESOLUTION NO. 86-109 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT. CALIFORNIA. ANNEXING CERTAIN CONTIGUOUS TERRITORY TO SAID CITY UNDER THE PROVISIONS OF THE CORTESE-KNOX LOCAL GOVERNMENT REORGANIZATION ACT OF 1985, SECTION 57000, WHICH PROCEEDINGS ARE DESIGNATED AS ANNEXATION NO 20, LAFCO NO. 86-38-4. Mr. Altman recommended approval based on the discussion in the staff report. Upon motion by Snyder, second by Wilson, Resolution No. 86-109 was adopted by unanimous vote. B. RESOLUTION NO. 86-110 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT. CALIFORNIA, OPPOSING THE CONSTRUCTION AND OPERATION OF THE BIOMASS ELECTRICITY GENERATING FACILITY ON THE CABAZON INDIAN RESERVATION AS PROPOSED BY COLMAC ENERGY, INC. Mr. Altman stated that a letter had been received from CVAG with an appropriate resolution. He stated that staff recommended passage of thls resolution In City form. Upon motion by Wilson, second by Benson, Resolution No. 86-110 was adopted by unanimous vote. 4 MINUTES REGULAR/ADJOURNED PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • C. RESOLUTION NO. 86-111 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR A 44 UNIT RESIDENTIAL DEVELOPMENT TO BE LOCATED ON THE NORTH SIDE OF MAGNESIA FALLS DRIVE, EAST OF RUTLEDGE WAY (JOHN M. TURNER, APPLICANT) Mr. Altman requested a continuance of this matter to the meeting of November 13, 1986. Upon motion by Snyder, second by Benson, Resolution No. 86-111 was continued to the meeting of November 13, 1986, by unanimous vote. VIII. ORDINANCES For Introduction: None For Adoption: None IX. CONSENT ITEMS HELD OVER None X. NEW BUSINESS A. INFORMATION ITEMS 1. Information Relative to the Proposal for St. Margaret's Church. Mr. Altman stated that this item had been continued from a previous meeting to allow staff to obtain information regarding the area surrounding the proposed church, height modification, and reasons to grant it. He said that in terms of the height the Community Church, immediately adjacent to the St. Margaret's proposed site, was 60 feet maximum which was higher that what St. Margaret's proposal was asking. He noted that the Palm Desert Community Presbyterian Church had submitted a letter expressing its favor of the proposal. He also noted that the church, to conform to its religious demographics, required this height for appropriate musical acoustics. He concluded by stating that no view 5 MINUTES REGULAR/ADJOURNED PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 1986 • • * • • • • • • • * • * • • • * * • • • • • • • would be blocked because the proposed church abutted the Palm Valley Channel. The architect for the church reviewed the proposal and its concurrence with Mr. Altman's report. Councilman Wilson moved to approve the height variation in accordance with the four mitigating factors presented by staff. Councilman Snyder seconded the motion. Motion carried by unanimous vote. XI. CONTINUED BUSINESS A. CONSIDERATION OF REQUEST BY LAGO DE PALMAS FOR PORTOLA AVENUE STREET ACCESS. , Mr. Altman reported that that afternoon the property owner and his engineer had met with Ray Diaz, Dick Folkers, and himself. He reviewed the chronology of the project. In January of 1984 the issue was presented to the City Council as to whether or not the development in question could be required to improve Portola Avenue. As a result, a subcommittee comprised of Councilman Snyder, Councilman Wilson, Bruce Altman, and Barry McClellan was appointed. He said that the minutes of February 23, 1984, indicated a motion was adopted to require the developer to install a retaining wall. He noted a preannexation agreement that stated that because of the three foot grade differential between the Lago de Palmas project and the adjacent project that this developer would not be required to improve Portola. He said that they had a separate agreement that said in lieu of street improvements the developer would be required to make certain other improvements which they had done. Councilman Wilson moved to allow access onto Portola without a request for reimbursement from the developer for street improvements to Portola that the City had already constructed. Councilman Snyder seconded the motion. Motion carried by unanimous vote. Upon question by Mayor Kelly relative to the landscaping that had not been Installed, Mr. Diaz responded that it would be done in conformance with construction of this entrance. Mr. Donald A. Durae spoke for the developer and stated that he had submitted landscaping plans for this development and that it would be put in place just as soon as the entrance was constructed. 6 MINUTES REGULAR/ADJOURNED PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 1986 • • • • • • • • • • • • • • • • • • • • • • s • • XII. OLD BUSINESS A. CONSIDERATION OF DEVELOPMENT AGREEMENT DA 86-7 AND INITIATION OF AMENDMENT TO SENIOR OVERLAY ORDINANCE. Mr. Diaz stated that Council had received a staff report and recommendation establishing a definition for a zoning ordinance amendment for enhanced amenities. He said that this ordinance amendment, if Council concurred, would be processed through the Planning Commission. He said that the development agreement for the Smallwood project now contained a condition for in lieu fees of $303 , 600' or $8,800 per dwelling unit that would be developed off -site. He said this was the offsetting cost of reducing the price for a number of units to bring about affordable housing. He noted that if Council concurred with sending this proposed amendment to the Planning Commission that Charter Communities development, another senior housing project proposed for Monterey Avenue, would also be requesting the in lieu fees. He said the development agreement answered all concerns brought forth by the Council and that the project was down to a density that staff was comfortable with. Upon question by Councilmember Benson, Mr. Diaz responded that they had not in fact determined what other cities charged on a per unit basis. He stated that staff would make this type of survey in advance of presenting the ordinance amendment to the Planning Commission. He noted that the per unit fee would be established by resolution and that the resolution could then be changed upon need by the City Council. The ordinance amendment would establish the fee itself. Councilman Wilson moved to: 1) Waive further reading and pass Ordinance Nos. 481, approving Change of Zone C/Z 86-6, and 482, approving DA 86-7 amended, to second reading; 2) By Minute Motion, initiate amendment to Section 25.25.52, Senior Housing Overlay relating to Enhanced Amenity Senior Housing and Affordable Housing In -Lieu Fees; and 3) Direct staff in the preparation of the amendment to the housing overlay to get some additional data as to what cities have it and what their fees are and in this way Council would not hold up the processing of the amendment. Councilman Snyder seconded the motion. Motion carried by unanimous vote. 7 MINUTES REGULAR/ADJOURNED PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 1986 • • • • • • • • • • • • • • • • • • • • a • • • • B. REQUEST FOR AWARD OF CONTRACT (#00-164) FOR LIBRARY CONSULTANT. Mr. Altman reviewed the staff report and recommendation for approval. Councilman Wilson stated that he would recommend that it be approved with the proviso that the consultant would provide public library expertise. Councilman Snyder asked what the City would be getting out of this plan if In fact the College of the Desert and County of Riverside decided not to move forward with it. Councilman Wilson, a member of the Library Subcommittee, stated that part of the rationale was that the City, In Its Master Plan, was going to build a library and, therefore, this study was needed. He said whether or not the College and the County moved forward with it, the City could. Mr. Altman added that if in fact the library was built, the City would be reimbursed from the ultimate financing of the project. Councilmember Benson moved to, by Minute Motion: 1) Approve the expenditure with the additional information included from the other sources and authorize the Mayor to enter into an agreement with Deloitte, Haskins, and Sells not to exceed $112,000 for consulting services; and 2) appropriate $112,000 plus a 10% contingency of $11,200. Councilman Snyder seconded the motion. Motion carried by unanimous vote. XIII. REPORTS AND REMARKS A. CITY MANAGER 1. Mr. Altman and Mr. Folkers introduced the new street construction sign introducing City projects and thanking the public for their courtesy and patience. 2. Mr. Altman requested a Closed Session in accordance with Section 54956.9 (c) of the Government Code as it relates to property acquisition. B. CITY ATTORNEY None 8 MINUTES REGULAR/ADJOURNED PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 1986 f it a a • * a • s • s s * s s • s a + s it s it a s C. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. Councilman Wilson stated that he, in visiting the League of California Cities meeting, had seen a display by both the City of Visalia and the City of Claremont. The display by the City of Visalia showed where that city had successfully conducted a private/public senior housing project which produced affordable units for their seniors. He said he would like to see Palm Desert staff explore it to address our senior housing needs, which are critical in the future. He said once the North Sphere study was done, the City would have areas identified where we can move forward with this type of project. He said in the same line he would like to see City staff explore what the City of Claremont has accomplished with its senior citizens by using them as volunteer patrol officers. He noted that they patrolled residential areas, keeping tabs on houses that might be vacated because of people being on vacation. He felt this type of program would give our seniors something to do and in turn would give the City some extra protection. 2. Councilmember Benson stated that skateboarding in her particular commercial complex of Palms to Pines West had become very hazardous and that kids were not abiding by the rules set forth when the Council tabled the ordinance in the past. She stated that calls to 9-1-1 did not help. Councilman Wilson stated that he had heard the same complaints and in fact his wife worked In the same complex. He said that there had been some very near misses. He asked, "If the City posted it, could the law enforcement people deal with the issue?" Mr. Erwin responded that he did not recall if this particular parking lot was considered public parking. Councilman Snyder moved to remove the skateboarding ordinance from the table for consideration at the meeting of November 13, 1986. Councilmember Benson seconded the motion. Motion carried by unanimous vote. Mayor Kelly stated that the staff should work with the Police Department in the meantime to see what that group's recommendation would be. 9 MINUTES REGULAR/ADJOURNED PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 1986 • • • . • . . . • • • • • • • • • • • • • • • • • 3. Councilman Snyder introduced Resolution No. 86-112 endorsing the Desert Resort Communities Convention & Visitors Bureau and its efforts on behalf of the City of Palm Desert. He said that this young CVB covered all cities in the valley except for Palm Springs and that their efforts had been very successful. He said that the new man in charge of the CVB in Palm Springs had determined that he was going to take over the DRCCVB. Therefore, cities were creating resolutions that stated they were happy with the DRCCVB and the way things were going In this end of the valley and that while the City of Palm Desert would generally agree that one CVB would be happy, it was happy with the efforts of the Desert Resort Communities CVB and that we intend to keep our own program going. Councilman Wilson seconded the motion to introduce Resolution 86-112, and the motion carried by unanimous vote. Councilman Wilson stated that the City was not against one bureau but that we do support the fact that we do have one serving us well now and we are willing to talk about improving it but not abandoning it. 4. Mayor Kelly announced that the Civic Arts Committee had posted the entries for the Student Essay and Poster Contest "Palm Desert Through Children's Eyes". These exhibits were now in the lobby of the Administrative Services building. He reminded Counciimembers that the winning students for this contest would be present, not only for the 7:00 p.m. Portion of the November I3th meeting, but also for the 6:00 p.m. dinner with the City Council. 5. Mayor's Authority to Release Pro.iects from North Sphere Area Moratorium. Mayor Kelly announced that he did not feel comfort- able making these releases without total Council concurrence and to get it outside of the meetings was, in his opinion, a violation of the Brown Act. Councilman Wilson moved to rescind the Council's previous action whereby the Mayor was granted authority to release protects from the North Sphere Moratorium at the recommendation of Wallace, Roberts & Todd and the Economic Development Committee. Motion was seconded by Benson and carried by unimous vote. 10 MINUTES REGULAR/ADJOURNED PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 1986 s * s s s s a s s • s : • • s s s : • • ; a s s s Mr. Altman pointed out that this action meant that the Council would now have the authority to release any projects if deemed appropriate from the construc- tion moratorium in the North Sphere. XIV. ORAL COMMUNICATIONS - 8 None Councilman Wilson moved to adjourn to Closed Session In accordance with Section 54956.9 (c) of the Government Code dealing with property acquisition. Mayor Kelly seconded the motion. Motion carried by unanimous vote. Mayor Kelly adjourned to Closed Session at 5:50 p.m. He reconvened at 6:05 p.m. with no action taken or announced. He Immediately recessed for dinner. XV. COMPLETION OF ITEMS HELD OVER FROM 4:30 P.M. SESSION None XVI. ORAL COMMUNICATIONS - C MR. JERRY HUNDT. Executive Director of the YMCA, addressed the City Council relative to an article he had read in the newspaper about the Boy Scouts not having a place to meet. He said that the Y Board had met the previous evening and wished to extend its new modular units immediately adjacent to Olsen Field in the Community Park as an interim place for the Scout Troop to meet. He said he would be happy to meet with the Scout leader at any time to work out a mutually acceptable schedule. MR. ROBERT SOLOMON, 44-855 San Pablo, addressed the Council as the leader of Troop 76. He said that this troop had been established for 36 years and was the oldest one in the City. He said they did not in fact have any place to meet and that they were very anxious to establish a scout house behind the existing City Hall. He said that they had met with the Assistant City Manager approximately one year ago and given him the plans for such a scout house and that to date they had not heard anything further. He stated that the City of Indio, the City of Palm Springs, and the City of Banning all donated public land for scout houses. He said he wanted this item on the next City Council meeting agenda to determine what can be done about this. MINUTES REGULAR/ADJOURNED PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 1986 • * . . * . • * . • • . • * • * . • . * • . • • . Mayor Kelly responded that even if all Councilmembers agreed for such a scout house, it would be at least two years before anything could be accomplished. Upon question, Mr. Altman responded that the City Manager's office had in fact received some material from the Boy Scout Troop. He reported, however, that the City had engaged an architectural firm to provide a Master Plan for the entire Civic Center area, and in that plan was included some type of faci 1 ity for scouts to meet in. That plan at this stage is very preliminary and will require extensive rework, both with the College and the City. After that, it will have to go through a committee and then the Planning Commission and then the City Council. Therefore, we are probably looking at anywhere from three months to six months for a solid plan to be adopted. Then a detailed plan is prepared which will take anywhere from 15 months to three years before we actually see anything in fruition. In the short term. the Y was the answer inasmuch as it had offered a meeting place to the Boy Scout Troop. He said that everyone needed to be flexible at this point. MRS. JOAN LANGWELL spoke as a mother of a scout and in support of a scout house. MS. BARBARA TORRES, 44-755 San Clemente Circle, addressed the Council relative to a letter she had sent on why the traffic diverters had not been installed on San Gorgonio Way and what alternative plan was being made to the non -installation. Mr. Altman responded that a meeting had been set up to discuss this matter, which had originally been scheduled for installation of traffic diverters on San Gorgonio for a trial Period. He noted that the evening staff brought it to the City Council, 20 to 30 people had appeared in opposition to it. At that stage, the City Council had sent it back to staff for an alternative solution. He said that what they had tried to do was to enforce traffic with "No Truck" signs and by setting speed zones, but at this point staff was back to ground zero. 12 MINUTES REGULAR/ADJOURNED PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Wilson asked if curb and gutter and sidewalk installation had been considered, and Mr. Folkers responded that staff was in the preliminary stages of that engineering work now. Mr. Altman added that the meeting scheduled was one to review all alternatives and also to set a further meeting where all neighbors would be brought In to brainstorm a solution. MS. KAY MESSEMORE, 73-221 San Gorgonio, addressed the Council in favor of installation of the traffic diverters. She said that if the neighbors on the adjoining streets had thoroughly understood these installations they would have known that the inconvenience the traffic diverters would have caused would have cut down on the traffic and thus not been an inconvenience to the adjacent streets. She said people are speeding through her neighborhood as a short cut. She said there were no stop signs, no speed bumps, and this high speed of traffic was a terrible danger to the children of the neighborhood. At this point, Councilman Wilson asked whether or not it would be possible to post the street as a 25 mph speed zone inasmuch as it was residential and then have our traffic units go in to enforce it. Mr. Altman said that this could be done and that he would have the traffic division make weekly reports as to any citations issued. XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS None XVIII. PUBLIC HEARINGS A. CONSIDERATION OF AN APPLICATION BY RICHARD SELEINE FOR A 7-11 CONVENIENCE STORE TO BE LOCATED AT THE CORNER OF PARKVIEW DRIVE AND HIGHWAY I11. Mayor Kelly declared the Public Hearing open and asked for staff's report. 13 MINUTES REGULAR/ADJOURNED PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • Mr. Diaz reported that a petition from Palm Desert residents and a survey by Seven Eleven had been received after the Planning Commission meeting. Because the Commission and staff did not have this information prior to the meeting, staff recommended that the City Council return the matter to the Commission for reconsideration in light of the new evidence. Mayor Kelly noted that the public hearing had been properly noticed and therefore invited testimony in favor of the project; the following spoke: MR. NiCK DITAGLiA, Southland Food Corporation, stated that this project met with all City requirements and those of the Architectural Review Commission. He said his proposal would take a now vacant building and turn it into a facility the City could be proud of, one that would be fully landscaped and attractive. He referred to the petition of 46 Palm Desert residents who favored the project and noted that his firm had hired an independent survey company to interview Palm Desert residents. He said 79 were in favor, 30 were opposed, and 2 would not give an opinion. He said Seven Eleven is a concerned citizen, one that is community oriented and involved with local charities in each city it locates. He urged Council's favorable action. MR. RICHARD SELEiNE, Applicant and Architect, stated that they were putting together a project that would be an asset to the community. Mayor Kelly invited testimony in opposition to the project, and the following spoke: MAYOR JEFF BLEAMAN, City of Rancho Mirage, 4 Radcliff Court, Rancho Mirage, read a letter he had written to Mayor Richard Kelly and which was dated October 20, 1986 (attached hereto and made a part hereof as Exhibit "A"). He opposed the project on behalf of the residents of Rancho Mirage because of concerns over traffic at this 14 MINUTES REGULAR/ADJOURNED PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • location, the near proximity of this commercial project to residential neighborhoods in Rancho Mirage, potential law enforcement problems this business might create, and from a purely business standpoint, the close proximity to other businesses currently engaged in the sale of alcoholic beverages and other miscellaneous items similarly found in a convenience food store. MR. BRUCE ABRAMS, Councilman of the City of Rancho Mirage, 143 Tormelino Street, Rancho Mirage, stated he represented the district most affected by this project. He said they opposed it based on the increased traffic it would generate, litter it would create, noise, and safety. He noted that Mrs. Margaret Chase had submitted a petition in opposition to the Planning Commission. The following spoke in opposition to the project based on the same issues raised by Mayor Bleaman and Councilman Abrams and the undesirable element these projects attract: MR. MARK PEVERS, 85 Don Quixote, Rancho Mirage MR. JOEL HIRSHBERGER, 72-166 Desert Drive, Rancho Mirage MR. WILLIAM CHASE, 72-285 Barbara Drive, Rancho Mirage MR. ELLIOTT ROBINSON, 43-297 Joshua Road, Rancho Mirage. MS. DONNA CLARON, 72-408 Desert Drive, Rancho Mirage. In response to Mayor Kelly's invitation for any other testimony,the following spoke: MR. AL PRAGER, 120 Old Ranch Road, Palm Desert, stated he had no affiliation with Seven Eleven but did shop there. He said he did not consider himself an undesirable element. He said that he did not consider this the gateway to Palm Desert but rather the attractive entrance across the street by the Rusty Pelican to be. He said that it was fine that Rancho Mirage residents opposed this store because it was not going to be in Rancho Mirage. He concluded by asking the Council to base its decision on what was good for the residents of Palm Desert, not Rancho Mirage. 15 MINUTES REGULAR/ADJOURNED PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • MS. BARBARA WITTEMAN, 72-606 Skyward Way, Palm Desert, spoke in favor of the project. She said she had circulated the petition and purposefully did not ask residents of One Quail Place to sign because she did not consider them to be permanent residents. She said she was a Mormon, a mother of three, that she shopped at Seven Eleven and did not consider herself to be an undesirable element. She noted she had been a Rancho Mirage resident and had fought to save the hillsides of that City to no avail as the City Council had approved the project anyway. She said the store provided a necessary 24-hour service to the year-round resident. She said that Highway I11 through Rancho Mirage was an "eyesore" while this project would be an attractive addition to the street. She urged its approval. With no further testimony offered, Mayor Kelly declared the hearing closed. Councilman Wilson noted that the City's ordinances required that the issue be sent back to the Planning Commission. He asked that staff get a copy of the Rancho Mirage traffic study Mayor Bleaman referred to so that the Commission could consider it. Councilman Snyder concurred that it was this city's practice when new and additional Information becomes available to send the matter back to the Planning Commission. He thanked the people from Rancho Mirage for giving up their evening to give testimony. Councilmember Benson asked that staff look at Palm Desert's traffic study for the area when presenting the matter to the Planning Commission. Councilman Wilson moved to, by Minute Motion, refer the matter to the Commission requesting reconsideration in light of new information received. Councilmember Benson seconded the motion. Motion carried by unanimous vote of the Council. XIX. ORAL COMMUNICATIONS - D None 16 MINUTES REGULAR/ADJOURNED PALM DESERT CITY COUNCIL MEETING * * * * * * * * * * * * * * * * * * XX. ADJOURNMENT OCTOBER 23, 1986 * * * * * * * Upon motion by Snyder, second by Wilson, and unanimous vote of the Council, Mayor Kelly adjourned the meeting to 4:30 p.m. on Thursday, November 13, 1986. SHEILA R. GILLIGAN, CIT CLERK CITY OF PALM DESERT, LIFORNIA 17 RICHARD S. KELLY, MAYOR MINUTES REGULAR/ADJOURNED PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • EXHIBIT "A" City of RANCHO MIRAGE 69.825 HIGHWAY 111 RANCHO MIRAGE CALIFORNIA 92270 TELEPHONE (619) 324-4511 OFFICE OF THE MAYOR Jeffrey S. Bleaman October 20, 1986 Mayor Richard Kelly City of Palm Desert P.O. Box 1977 Palm Desert. CA 92261 RE: Proposed 7-Eleven Application Dear Dick, I have been advised that the 7-Eleven project proposal is now before the Palm Desert City Council for consideration. The Public Hearing on this matter has been scheduled for your meeting of October 23, 1986. As you are aware the Rancho Mirage City Council and our residents in the immediate area are very strongly opposed to a 7-Eleven store on this site. We have also received a copy of Ray Diaz's memorandum to the Council recommending the project be referred back to your Planning Commission for further review and evaluation because of a petition received by your City. We would ask that your Council not refer this project back to the Planning Commission, but act on it at your meeting of October 23, 1986, in as much as many of our citizen's, Councilman Abrams and myself are mobilizing to attend this important Public Hearing. The basis of my letter is two fold: 1) Within the last year and a half the City of Rancho Mirage reviewed a request of a 7-Eleven store in our City limits. Because of the concerns expressed by neighboring citizens and law enforcement officers, the request was denied. 2) This specific location happens to be right at the border between the cities of Palm Desert and Rancho Mirage. Thus, the impact of this project on the City of Rancho Mirage, and in particular the residential neighborhood adjacent to the proposed location, is of great concern to the City of Rancho Mirage. I would like to take this opportunity to identify four major concerns of the City of Rancho Mirage with the Southland Corporation's proposed use of this property and any permit or approval to be issued by the Cilt9 of Palm Desert. MINUTES REGULAR/ADJOURNED PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 1986 r r r * r * * r r r r r * s * r • r * • ; * + r r EXHIBIT "A" Page 2 Mayor Richard Kelly October 20, F986 First, I have strong concerns regarding traffic at this specific location. The corner is located adjacent to Highway 111. which is a heavily trafficked thorough- fare, and is often congested due to turning movements on and off Parkview Drive without the assistance of a tratfic signal. I also feel the site is inadequate in size to facilitate proper parking requirements and the maneuvering of vehicles in and out of public right-of-way. Recently the City of Rancho Mirage, in conjunction with another project, completed and participated in an environmental impact report for the Parkview Drive area, which raised many of these same concerns relating to traffic. It is the City's opinion the addition of this activity at that specific corner will only add to additional traffic congestion and safety problems in that area. Secondly, although the Highway 111 frontage has commercial activities, we must remember the adjacent property to the rear of the commercial uses reflects a residential neighborhood. In fact, the City of Rancho Mirage has zoned those parcels fronting Highway 111 as "Limited Commerciat". This zoning was established to provide uses compatible and harmonious with adjacent residential neighborhoods. An example of this type use is retail shops, or other similar uses that operate during daylight hours. It is the City's feeling a 1-Eleven operation would most likely operate until 11:00 p.m., and perhaps 24 hours a day, and thus would be incompatible and detrimental to the surrounding residential neighborhood. Third, in reviewing the 7-Eleven application within the City of Rancho Mirage, our law enforcement agency expressed concern for what typically occurs around and in association with a convenience store operation. It is felt problems which require additional law enforcement will affect the surrounding neighborhood and are not desirable. Fourth, from a purely business standpoint, it would appear there is no need for this type activity due to the close proximity of other ousinesses currently engaged in the sale of alcoholic beverages and other miscellaneous items similarly found to a convenience food market. 0n quarter mile from the proposed site, you have a convenience store/gas station at Fred Waring and Highway 111, at which alcoholic beverages are sold. Within one half mile of the proposed site in the other direction, there exists a major shopping center containing two chain operations that sell alcoholic beverages (Von's and Long's Drugs). 19 MINUTES REGULAR/ADJOURNED PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 1986 s * a ■ e f f a ■ • * s * ; ■ • ■ e ; ; s * * * ■ EXHIBIT "A" Page 3 Mayor Richard Kelly October 20, 1986 Dick, thank you for giving me the opportunity to express the concerns of the City of Rancho Mirage. If our City staff or if I can be of further assistance In this a matter, please feel free to contact me. S ncerely Jeffrey Bleaman Mayor JB:PGB:dko 20