HomeMy WebLinkAbout1992-03-12MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, MARCH 12, 1992
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I. CALL TO ORDER
Mayor Kelly convened the meeting at 4:00 p. m.
H. PLEDGE OF ALLEGIANCE - Mayor Richard S. Kelly
III. INVOCATION - Mayor Pro-Tempore Jean M. Benson
IV. ROLL CALL
Present:
Mayor Pro-Tem Jean M. Benson
Councilman Buford A. Crites
Councilman Walter H. Snyder
Councilman S. Roy Wilson
Mayor Richard S. Kelly
Also Present:
Bruce A. Altman, City Manager
David J. Erwin, City Attorney
Sheila R. Gilligan, City Clerk/P.I.O.
Richard J. Folkers, ACM/Director of Public Works
Carlos L. Ortega, ACM/Director of Redevelopment
Paul W. Shillcock, ACM/Director of Economic Development
Paul Gibsok, My Treasurer/Director of Finance
Pat Conlok, , � of Building & Safety
Frank , of Code Compliance
David Director of Human Resources
Larry McAllisIer, General Services Director
Phil Drell, Senior Planner
V. CONSENT CALENDAR
A. WNUTES of the Regular City Council Meeting of February 13, 1992, and Adjourned
Meeting of March 2, 1992.
Rec: Approve as presented.
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B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR0109,
WR0200, WR0204, and WR0214.
Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Cafe Casuelas, Inc., for
Casuelas Cafe, 73-703 Highway 111, Palm Desert, California.
Rec: Receive and file.
D. Lt i i tK OF RESIGNATION from Mr. Alex Yaron from the Civic Arts Committee.
Rec: Accept with sincere regret.
E. LETTER OF RESIGNATION from Kirby J. Warner from the Architectural Review
Commission.
Rec: Accept with sincere regret.
F. RESIGNATION from Mr. Don Alexander from the City's Promotion Committee.
Rec: Accept with sincere regret.
G. MINUTES of the Civic Arts Committee of January 13, 1992.
Rec: Approve as presented.
H. Ltd from 1992 Greater Desert Fireworks Committee for City of Palm Desert's
Participation in and Financial Contribution to the 1992 4th of July Fireworks Program.
Rec: Refer to staff for report and recommendation.
I. REQUEST FOR AWARD OF CONTRACT for Von's Shopping Center/Highway 111
Roadway Improvements (Contract No. 00-576).
Rec: By Minute Motion, award the contract to Tarmac of California in the amount of
$51,730.95 and authorize a ten percent contingency in the amount of $5,173.10 for
the subject project.
J. REOUEST FOR APPROVAL of December 1991 Auditor's Report Pertaining to Business
Licenses and Transient Occupancy Taxes.
Rec: By Minute Motion, approve the Auditor's reports of December 1991.
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K. REOUE4"r FOR CONSIDERATION of Annexation Changes to Landscaping and Lighting
District No. 5 (Cook Street and Country Club Drive).
Rec: Waive further reading and adopt Resolution No. 92-19, approving the engineer's
report and the boundary changes to Assessment District No. 5 and setting a public
hearing for the annexation.
L. REQUEST FOR CONSIDERATION of Traffic Control Change on Country Club Drive and
Oasis Club Drive Intersection.
Rec: By Minute Motion: 1) Review and approve staffs recommendation for traffic
control modification at the subject intersection; 2) authorize staff to proceed with
the implementation of the four-way stop control including the street light and
portable flasher.
M. REQUEST FOR APPROVAL of Final Tract Map 23148 (Shaco, Inc., Applicant).
Rec: Waive further reading and adopt Resolution No. 92-20, approving Tract Map
23148.
N. EXTENSION OF TIME on Indian Ridge Community Facilities District No. 91-1.
Rec: Waive further reading and adopt Resolution No. 92-21, making certain findings
with respect to the complexity of proposed Community Facilities District No. 91-1
(Indian Ridge Public Improvements).
O. Lt.). 'r t FROM DESERT SANDS UNIFIED SCHOOL DISTRICT Requesting that the City
of Palm Desert Condition all Existing Projects and Proposed Projects under Planning Review
to Provide Full Mitigation of the Project's Impact on the District.
Rec: Refer to staff for report and recommendation.
P. REQUIMI_ OR APPROPRIATION for Conference Attendance by Members of the City
Count"'
Q.
Rec: By Minute Motion, appropriate S6,500 to Account No. 110-4110-3120 for various
previously unbudgeted trips by members of the City Council.
RFAPJFST FROM WESTINGHOUSE DESERT COMMUNT11ES. INCH for Consideration
of the Creation and Placement of a Work of Art in Full Satisfaction of Its Obligation under
the City's Art -In -Public -Places Program.
Rec: Refer to staff for report and recommendation.
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R. UTTER OF APPRECIATION FROM SUN WORLD INTERNATIONAL for Use of the
Civic Center Park for its Annual Employee Picnic on February 23, 1992.
Rec: Receive and file.
S. REOUFST FOR AWARD OF BID for Furnishing and Installing Vas Furniture for the
Civic Center Expansion (Contract No. 0O-603).
Rec: By Minute Motion, award. the bid to Steve's Office Supply in the amount of
S18,707.38 plus a 10% contingency for furnishing and installing various furniture
for the Civic Center Expansion.
Councilman Crites removed Items J and L for separate discussion and action under Section
IX, Consent Items Held Over.
Upon motion by Wilson, second by Benson, the Consent Calendar, with the exception of Items J
and L, was approved as presented by unanimous vote of the City Council.
VI. ORAL COMMUNICATIONS - A
None
VII. RESOLUTIONS
None
VIII. ORDINANCES
For Introduction:
A. ORDINANCE NO. 671- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE
SECTION 5.86.050 REGARDING PERMi i 1 hi) MASSAGE ESTABLISHMENTS.
Mr. Allen reviewed the staff report, noting that this would exempt men's and women's
fashion establishments with a full -service beauty salon from the location requirements for a
massage establishment.
Councilman Wilson moved to waive further reading and pass Ordinance No. f171 to second reading.
Motion was seconded by Benson and carried by unanimous vote of the Council.
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B. ORDINANCE NO. 672 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE
SECTION 5.88.040 REGARDING LOCATION OF ADULT ENTERTAINMENT
ESTABLISHMENTS.
Mr. Allen reviewed the staff report, noting that the ordinance as in the City's Municipal Code
had been challenged in a number of cities and found to be unreasonable. A committee had
been formed to look into this matter and had recommended that adult entertainment
establishments be located in service industrial zones with distance requirement reduced to 500
feet from any residential zone or other C-1 zones instead of the current requirement for 2,000
feet from residential or other C-1 zones and 1,000 feet from any church or government
building.
Councilman Crites asked whether there was a specific or implied amount that must be set
aside for business of this nature.
Mr. Erwin responded not necessarily. He said under the ordinance as it exists, there are no
places in the City where these types of establishments can be located, and this new ordinance
would make it so the City does have some locations where they can go.
Councilmember Benson moved to waive further reading and pass Ordinance No. 612 to second
13 reading. Motion was seconded by Snyder and carried by unanimous vote of the Council.
C. ORDINANCE NO. 673 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, ADDING TITLE 4 TO THE PALM DESERT
MUNICIPAL CODE PERTAINING TO ART AND ART IN PUBLIC PLACES.
Mr. Altman noted the memo in the packets and stated that Mrs. Gilligan was available to
answer any questions.
Councilman Crites moved to waive further reading and pass Ordinance No. to second reading.
Motion was seconded by,Benson and carried by unanimous vote of the Council.
For Ad9
A. ORD ENO.668 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM ,it.., T, CALIFORNIA, MAKING CALIFORNIA CODE OF CIVIL PROCEDURE
SECTION 1094.6 APPLICABLE TO ALL FINAL ADMINISTRATIVE DECISIONS OR
ORDERS WHICH ARE SUBJECT TO REVIEW UNDER CALIFORNIA CODE OF CIVIL
PROCEDURE SECTION 1094.5.
Mr. Altman stated that no changes had been made to this ordinance since introduction and
recommended adoption.
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Upon motion by Benson, second by Crites, Ordinance No. f$ was adopted by unanimous vote
of the City Council.
B. ORDINANCE NO. 669 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, REGULATING FOOD VENDING VEHICLES AND
DELETING SECTION 10.48.120 OF THE MUNICIPAL CODE.
C. ORDINANCE NO.670 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, REGULATING FOOD SALE FROM PUSHCARTS.
Ordinance No. fif2Q and fi.7.Q were considered by Council at the same time.
Mr. Altman stated that these had been reviewed by the Chamber of Commerce as well as the
El Paseo Business Association.
Mr. Erwin noted that there had been a request by the local schools that these ordinances be
enacted immediately due to the traffic hazards and safety of the school children. He
suggested that Council, by 4/5ths vote, enact the ordinances as urgency ordinances to take
effect immediately and also to adopt the regular ordinances to be effective in 30 days. The
urgency ordinances would be to cover the time period from now until the regular ordinances
go into effect in 30 days.
Councilman Snyder moved to waive further reading and adopt Ordinance No. Q and 2Q as
regular ordinances to be effective in 30 days and Ordinance No. f2.76 and as urgency ordinances to be
effective immediately. Motion was seconded by Benson and carried by unanimous vote of the Council.
IX. CONSENT ITEMS HELD OVER
J. REQUEST FOR APPROVAL of December 1991 Auditor's Report Pertaining to Business
Licenses and Transient Occupancy Taxes.
Rec: By Minute Motion, approve the Auditor's reports of December 1991.
Councilman Crites noted that at the back of the report were "other matters" discussed. He
said one of the items was the difference of opinion as far as the City's ordinance with regard
to how operators are allowed to account for those rooms let for charitable purposes, whether
they are or are not counted for transient occupancy tax. The second item dealt with the
handbooks instructing business operators on how to figure transient occupancy taxes and the
fact that new handbooks look the same as the old ones. He said he felt staff should find a
way to make them look different so people know they are using the correct manual.
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Councilman Crites moved to, by Minute Motion, approve the Auditor's reports of December, 1991,
with instruction to staff to look into the difference of opinion with regard to counting those rooms let for
charitable purposes and also to look into making new handbooks look different than old handbooks
instructing business operators on how to figure transient occupancy tax. Motion was seconded by Wilson
and carried by unanimous vote of the Council.
L. REOUEST FOR CONSIDERATION of Traffic Control Change on Country Club Drive and
Oasis Club Drive Intersection.
Rec: By Minute Motion: 1) Review and approve staffs recommendation for traffic
control modification at the subject intersection; 2) authorize staff to proceed with
the implementation of the four-way stop control including the street light and
portable flasher.
Councilman Crites moved to, by Minute Motion, approve staffs recommendation as above, with
the condition that future signalization of Country Club Drive be presented to the City Council along with
other available options rather than signalization. Motion was seconded by Wilson and carried by unanimous
vote of the Council.
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X. NEW BUSINESS
A. CONSIDERATION OF REOUEST BY MR. BERT BRUNING OF PALM DESERT
TOBACCO TO GRANT THE PALM DESERT TOWN CENTER AN EXEMPTION TO
THE SMOKING ORDINANCE PROHIBITING SMOKING IN THE COMMON AREAS OF
THE MALL.
Mr. Altman noted that Mr. Allen had prepared a new memo for Council.
Mr. Allen reviewed the memo, noting that staff's recommendation was that the Council
designate certain areas of the Palm Desert Town Center lobby as smoking areas in addition
to the assigned food court area.
Upon Councilman Crites, Mr. Allen responded that smoking was allowed in the
lobby any other enclosed shopping malls in the Valley.
Mr. Jack liajspolas on behalf of the merchants in the Palm Desert Town Center and said
he was the brother of Mr. Bert Bruning who had filed the petitions with the City. He read
a k .1 statement and stated that signatures on the petitions were unsolicited and were
from disgruntled customers who came into the stores. He added that 65 of the 70 store
owners signed the petitions. He said they had found out that the owner of the mall had been
given the choice in the beginning as to whether or not he wanted smoking or non-smoking,
and he chose non-smoking. He noted that this was one of only three malls in all of California
that he knew of which did not allow smoking. He added that merchants were losing business
because customers were not allowed to smoke anywhere except in the food court.
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MR. ALAN SEMAN, 19 Estrella, Rancho Mirage, spoke as Vice President of an
organization called "Alliance for Clean Air", which he said had 4,000 registered members
in the Coachella Valley. He said more than 75 % of the population in the United States does
not smoke, and that probably 90% of the population in the Coachella Valley does not smoke.
He said the organization would strongly protest any variance allowing smoking in the Palm
Desert Town Center and added that he felt it was in the best interest of the City of Palm
Desert as well as the merchants not to grant the variance.
MS. LOIS MALL, Regional Director of the American Lung Association, 75-761 Sego Lane,
#F-14, Palm Desert, and a resident of Palm Desert, stated that people come to the desert
because of its clean air and that those with chronic lung diseases such as emphysema, asthma,
etc., suffer from second-hand smoke as well as children, who have small lungs. With regard
to The Smoke Shop losing business, she said it was because many more people are stopping
smoking. She asked how it would be possible, if smoking were allowed, to keep that smoke
from mingling with the other air. On behalf of all people suffering from contaminated air,
she urged the Council to leave the ordinance as it is and not allow smoking anywhere in the
mall.
MR. JACK ZIVE, President of the Better Breathers Club, said he was happy the Council
adopted the no -smoking ordinance and felt it showed that people in the Valley were concerned
with the health of its citizens.
MR. CURTIS HESSE, 43-465 Illinois Avenue, Palm Desert, spoke on behalf of the
Coachella Valley Anti -Tobacco Coalition and the Riverside County Health Department. He
said he was available to provide information about the health effects of cigarette smoking and
added that there was no "safe" level of cigarette smoke.
DR. BRUCE UNDERWOOD spoke on behalf of the Heart Institute of the Desert Foundation
and Coachella Valley Anti -Tobacco Coalition and said he was opposed to approving a
variance to the no -smoking ordinance. He said the real issue here was for those people who
will be exposed to second-hand smoke, children in particular. He added that there were many
deaths resulting from second-hand smoke alone.
MRS. JA 4Ef ABRAMS, 510 N. Desert Falls Drive, thanked everyone who had spoken in
opposilidi lo allowing smoking in the Palm Desert Town Center, and she asked that the
Cowell aootinue to protect the non-smokers' rights. However, she said what she had not
heard addressed was ingress and egress to the malls, office buildings, etc., and that people
had to cover their faces while entering or exiting these buildings because the ash trays were
placed right at the doorways.
MR. BERT CAPLAN, resident of Rancho Mirage and r , , r .. , LJ owner in Palm Desert, spoke
as President of the Alliance for Clean Air and said the Patin Desert Town Center was for
everyone, not just residents of Palm Desert. He added that many people were happy that
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Palm Desert was the forerunner in creating this ordinance and he asked that the variance not
be granted.
MR. JOE MOSSELLO, stated the mall served a lot of people, from Beaumont and Banning
to Mecca and was the one place people can go to shop and be in a smoke -free environment.
He said it was the second-hand smoke that bothered people, and he hoped the City of La
Quinta would adopt the same ordinance when it opens its mall as the City of Palm Desert did.
Mayor Kelly noted for the record that he had received a call from Ms. Linda Davis, 72-814
Arboleda, in favor of continuing the ordinance and not allowing smoking in the mall.
Councilmember Benson noted that a statement had been made at a meeting just before this
that 13 million people visit the Palm Desert Town Center each year. She said her personal
feeling was that smoking should not be allowed even in the food court. She added that she
did not see any compelling reason to step backward and allow smoking in other areas.
Councilman Wilson agreed with Benson that we would be taking a big step backwards in
undoing this ordinance, especially in light of the clean air issues. He said that during times
of depression, people look for things to blame for the lack of business. He encouraged those
people who spoke in favor of keeping the ordinance the way it is to also voice those same
opinions to the merchants in the Town Center and let them know how the majority of the
people feel.
Councilmember Benson moved to, by Minute Motion, deny the request and support the code and
policy prohibiting smoking in the lobby area of the mall. Motion was seconded by Crites and carried by
unanimous vote of the City Council.
B. REQUEST FOR CONSIDERATION OF APPROVAL OF SIGN PROGRAM FOR CIRCUIT
CITY IN THE DSL SERVICE COMPANY PROJECT AT FRED WARING DRIVE AND
HIGHWAY 111, Case No. PP 90-13 (Circuit City, Applicant).
Mr. Drell reviewed the staff report, noting that the Circuit City "plug" had been modified
to be capjattisle with the center as a whole, with burgundy, halo -lit letters. He said the
Archibald Review Commission had recommended the letters be reduced to 12 inches, and
the appals* was requesting they be allowed to use 18-inch letters.
MR. MICHAEL BANK spoke on behalf of Circuit City stores in favor of the sign and in
opposition to the 12-inch limit. He said they had 52 stores in California, and this was the
first time they had had to appeal a decision. He said they prided themselves on being able
to solve any problems through the Planning Commission and staff, and that this process had
worked until now. He said they had appeared before the Architectural Review Commission
four times and had made substantial revisions to the building. He noted that their normal sign
program called for 24-inch letters and four product signs; however, to comply with the City's
codes, they had changed to two product signs and reduced the letters to 18 inches, which he
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felt was not an excessive size for the space and would still meet the requirements of the code.
He also showed a color sample of the proposed sign.
Councilman Crites asked whether the issue was one of visibility and how tall the Circuit City
letters would be.. . .
Mr. Bank responded that visibility was the issue and that the Ciro* City letters were 36
inches, smaller than the Ross store letters.
MR. WENDELL HINDLEY, DSL Service Company, requested that Council approve the 18-
inch letters for the menu signs for Circuit City. He said the letters would be back -lit, which
limits visibility, and that it was set back about 500 feet from Highway 111. He noted that
the Circuit City sign and the menu signs together were less than the allowable amount of
square footage for that building. He added that four months ago, the sign program was
approved with white, green, and two blues for the product identification signs; now they were
requesting that the green be changed to the maroon color.
Councilman Crites stated that he had asked staff to provide him with samples of 12-inch
lettering, which is what Crown Books has in the Marshall's center. He then stood at Town
Center Way and found that the Crown Books sign was very visible. He said the sign was still
very visible across Town Center Way and in the California Federal parking lot at the mall.
He added that he had also checked the building at the corner of Portola and Highway 111,
and the burgundy signs on the Oliphant building were very visible. He suggested that these
examples be looked at before increasing the size of the letters.
Councilmember Benson stated she would be happy if the size of the Circuit City letters was
cut down instead.
Councilman Wilson said he felt 12-inch letters was more tasteful signage than 18-inch and
that he would favor the recommendation of the Architectural Review Commission.
Mayor Kelly said he would personally have no problem with the 18-inch letters because this
will be a beautiful center. He said he had stopped at the Circuit City store in Moreno Valley
and did not find anything obtrusive about the sign there.
Councilman Wilson moved to, by Minute Motion, approve the Circuit City sign program with the
product identification signs limited to 12 inches in height. Motion was seconded by Benson and carried by
unanimous vote of the Council.
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C. INFORMATIONAL ITEMS:
1. Palmer CableVision Update.
Mr. Ortega noted that a report of cable complaints had been included in the packets
and that service was getting better.
At the request of Mayor Kelly, Mr. Ortega reported that at previous meetings,
Council had directed staff to appoint a citizen committee to look at the issue of a
public access channel. He said there was currently a provision in our franchise
requiring Palmer CableVision to allocate three channels for access by various groups
and entities. He said there was already a committee working with Palmer that deals
with other matters with regard to the cable franchise. One of the things discussed
with the Mayor was whether the City could should appoint additional people to that
committee to be in charge of access programming. He said there were a few names
that have already been suggested and that staff would be looking for a third to be
appointed to serve on the committee.
2. Update on Tri-Cities Sports Facility.
Mr. Drell stated that the comment period on the Environmental Impact report would
expire on March 15th and that staff would be scheduling a public hearing in April
before the Planning Commission, with Council to consider it probably at its first
meeting in May.
3. Status of Date Palm Grove.
Mr. Shillcock stated that staff had received the final site plan from the architects and
would be meeting tomorrow with proposed developers to continue discussions on the
business points. He added that staff would be moving forward as quickly as possible.
4. Primrose Drive Traffic Plan.
Polkers stated there was a report in the packets and noted that this would include
inatlation of 25 mph signs. He added that staff would proceed to put these
moos in.
5. Status of Mid -Valley Parkway.
Mr. Polkas reviewed the report in the packets r i by Seyed Safavian, noting
that the Mid -Valley Parkway had been the subject of an alignment study conducted
by the engineering firm of Kimley-Horn on behalf of the involved local governments
(Palm Springs, Cathedral City, Rancho Mirage, and Palm Desert) as well as CVAG,
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Caltrans, and the County of Riverside. He added that Palm Springs was the lead
agency on this.
Mayor Kelly stated that someone had mentioned to him that there was an effort to
make this a toll road and asked if this was true.
Mr. Safavian responded that there had not been any discussions on this issue.
6. Acacia Drive and Arboleda Drive Intersection Traffic Control.
Mr. Folkers reviewed the staff report, noting that the Technical Traffic Committee
had reviewed and approved staffs recommendation for a two-way stop along Acacia
Drive at Arboleda Drive.
Mayor Kelly stated he had received a call from Ms. Linda Davis of 72-814 Arboleda
requesting a four-way stop at Acacia and Arboleda.
Mr. Folkers responded that staffs recommendation would be to proceed with a two-
way stop because analyses did not warrant a four-way stop at this time. He agreed
to contact Ms. Davis and discuss this matter with her.
Councilman Crites stated that Mr. Wendell Hindley of DSL Service Company had some items he
wished to brief the Council on prior to Continued Business. Council concurred.
Mr. Hindley stated that in February, 1991, when the project was approved, he was asked to
bring back the decorative lighting of the buildings as well as roof lighting for Council review
and approval. This had been done, and they had now found that the decorative lighting
would not be as extensive as they had initially thought. Each tree will have lights either on
it or at the bottom, and decorative lighting will be on the architectural features of the
buildings such as the tower elements. He showed a rendering of the low -intensity lights that
would be on the roofs, which he said would meet the City's dark skies ordinance. He added
that monument signs had not been changed because he had not yet come up with a new name
for the project. He said the name "Waring Place" was not etched in stone, and he felt the
point made by Councilmen Kelly and Crites that this was not a very imaginative name after
all of the time and money spent on the project was well taken.
Councilman Crites asked if this lighting plan had been taken before the Architectural Review
Commission, and Mr. Hindley responded that the Commission had reviewed and approved
it. Crites asked whether the sign proposed for Highway 111 and Parkview was compatible
with the City's monument entryway sign.
Mr. Drell responded that he had not seen the two signs together.
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Mayor Kelly noted that we need coordination of that location, and Mr. Hindley agreed.
Mayor Kelly asked that Mr. Hindley convey to Mr. Michael Banks that the City is looking
forward to this entire center and to having a Circuit City in Palm Desert because we do not
have a lot of places in Palm Desert to purchase kitchen appliances. He said he would look
to Circuit City to do a lot of business in Palm Desert, even with 12-inch letters for its sign.
XI. CONTINUED BUSINESS
A. PETITIONS FROM LA ROCCA FOR DEANNEXATION (Continued from the Meeting of
February 13, 1992).
Mr. Altman reviewed the memo in the packet and staffs recommendation to permit
deannexation of LaRocca from Palm Desert and annexation into Indian Wells subject to the
following: 1) That all costs, including City staff time, be borne by the applicant, 2) applicant
shall file and be responsible for all documents and processing through the Riverside County
Local Agency Formation Commission, 3) City staff will process the application as time
permits.
Councilman Crites asked whether there would be any objection to changing the first condition
so that all the costs are borne by the applicant and/or the City of Indian Wells. He said he
felt this would give the City of Indian Wells the change to support its new citizens. Council
concurred.
Mayor Kelly invited testimony from the audience in FAVOR of or OPPOSED to this annexation.
MR. WALTER McINTYRE, President of the LaRocca Homeowners' Association, thanked
staff for its favorable recommendation. He said he wished to make a point with regard to the
gated community that might occur if and when the City of Indian Wells does such an activity.
He said he had spoken with Barbara Brown and that there was no plan to do a gated
community. He offered to answer any questions and asked that Council approve the staff s
recommendation.
A reside int LaRocca addressed Council and stated he had enjoyed living in Palm Desert and
said thellimis some regret in leaving Palm Desert after seeing how efficiently the Council
hand1cd3Mtss before it. He added that he hoped their new City Council would be as good.
Mayor Key responded that the Council would still consider the residents of LaRocca
welcome in Palm Desert regardless of what happens. He added that the statement made in
the staff report that the north half of Fairway Drive was adjacent to this development was not
true because there are houses between Fairway Drive and LaRocca.
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Councilman Crites moved to, by Minute Motion, approve staffs recommendations as outlined
above, with an amendment to condition #1 that all costs, including City staff time, be borne by the applicant
or the City of Indian Wells. Councilman Wilson seconded the motion with the comment that LaRocca is
a nice development, and since the City of Indian Wells is inclined to put its low and moderate income
housing at the Palm Desert city limit line, it will be nice to have such a nice development on our border.
Motion carried by unanimous vote of the Council.
Mayor Kelly stated that the Council is more used to having large gro of people come and
ask to be annexed into the City, and this is the first time that someone does not want to be
in Palm Desert, which is practically -the center of everything from education to shopping.
He reiterated that these residents will still be welcome in our community.
Mr. McIntyre responded that they had nothing against the City of Palm Desert and that this
was just because of boundary lines.
XII. OLD BUSINESS
A. REQUEST FOR CONSIDERATION OF PROPOSAL FROM STAN COTY FOR A 72-UNIT
SENIOR HOUSING PROJECT (FORMERLY CABLE AND RYLEE) ADJACENT TO THE
SENIOR CENTER.
Mr. Altman stated that per the memo in the packets, staff was recommending that this matter
be continued to the meeting of March 26, 1992, to give staff time to evaluate the three
proposals and make a recommendation to Council.
Councilman Wilson moved to, by Minute Motion, continue this matter to the meeting of March
26, 1992. Motion was seconded by Crites and carried by unanimous vote of the Council.
B. REOUEST FOR CONSIDERATION OF HAYSTACK ROAD TRAFFIC ISSUES.
Mr. Folkers reviewed the staff report, noting that the recommendation was that staff continue
to monitor this area but that no further changes be made at this time to the striping of the
street or parking.
Councilman Crites said he had a few issues he would like addressed:
1) One of the comments from the original letter is that there is not sufficient area on
Haystack for eastbound traffic to make a safe right turn onto Moon. He said at the
time he looked at this area there were several automobiles parked on Haystack right
next to where people would want to make this right turn; in addition, the other side
of the street was painted red, and he felt it would be very simple to do the same thing
and paint the curb red on this side to discourage parking.
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2) The letter received from residents noted that they would like to see the portion of
Haystack from Heliotrope to Portola on the north side designated as a no -parking area
because of the narrow width of that lane when people are parked at the curb.
3) Another concern raised in the letter from the residents was the street from Heliotrope
to Highway 74 because vehicles were passing other vehicles on both sides.
MR. DON THOMPSON, resident of Haystack, said he had always been concerned with the
fact that a majority of the people drive at excessive speeds. If Haystack was considered to
be a major street in the City, he asked why it was made so narrow when the curbs and gutters
were installed. When this was done and the road was restriped, the traffic had been moved
at least seven to eight feet closer to the residences. He said he felt it was not wide enough
to have a parking lane and a driving lane on both sides as well as a center lane and that this
was a dangerous situation for residents.
Councilman Crites asked whether Mr. Thompson would prefer to have a center striped line
instead of a center lane. He responded that where the street narrows he felt eliminating the
center passing lane would be a good idea. He said he knew it was designed to be a turning
lane; however, when there are no police officers around, it becomes a passing lane. He said
he would prefer that the center lane be deleted and that the street be restriped with a center
stripe.
Mayor Kelly stated that hopefully legislation would be passed that would allow the use of golf
carts on City streets. He said if we restriped the street, took out the center lane, and added
a golf cart lane adjacent to the residences, that would keep the normal traffic away from the
residences. The only traffic that would be near the residences would be golf carts.
Mr. Thompson stated that he would be receptive to anything that would put the traffic level
back to where it was before.
MRS. JAN THOMPSON addressed Council said she did not feel there was a problem with
this plan except that the east end of Haystack would have to be widened between Heliotrope
and Ponds. _ She added that everyone on Haystack between Heliotrope and Portola was in
favor d the center line back and taking out the lane. She also expressed concern with
the spars GI traffic on Haystack.
Upon question by Councilman Wilson relative to the narrow width of Haystack east of
Heliotrope, Mr. Folleers responded that widening the road would have required the
destruction of some of the smoke trees in the area.
Councilman Wilson stated he appreciated the smoke trees but felt the safety factor was of
more concern and that he did not think the center lane from Heliotrope to Portola was
functional. He added that he would probably support doing away with the entire lane, and
he agreed with Mayor Kelly's suggestion for striping the road for a golf cart lane in that area.
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With Council concurrence, staff was instructed to look into restriping Haystack Road to
accommodate a special golf cart lane adjacent to the homes on the south side of Haystack Road which would
keep normal traffic out of the lane close to the homes. Staff was further directed to look into painting the
curb red on the west side of Heliotrope which would enhance right-hand turns onto that street from
eastbound traffic. Staff was further directed to have the Police Department patrol Haystack Road for speed
offenders.
C. REQUEST FOR CONSIDERATION OF PALM SPRINGS VEBER i RESORTS
CONVENTION AND VISITORS BUREAU'S RECOMMENDATION FOR INCREASED
FUNDING.
Mr. Altman stated that staff had been working with the CVB on budgetary problems. After
much debate, the task force had made recommendations that each city increase its transient
occupancy tax (TOT) by 1%; in addition, it was recommended that the investments by the
cities be reduced from .06% to .04%. With the increased TOT the City's total investment
in the CVB would be 1.4 % . He recommended that the City Attorney be instructed to prepare
the necessary documents, with approval to be contingent upon all parties agreeing to do
likewise.
Councilman Wilson questioned whether increasing the TOT could be done without going to
a vote of the people. Mr. Erwin responded that it would just require an ordinance
amendment and could be done without a vote. He added that when it was raised previously,
there was a great deal of uncertainty abut whether it could be done without a vote, and that
is why it was placed on the ballot. Since that time, there have been court cases that indicate
a vote is not necessary to raise it.
Councilman Crites said he felt it was important to contact all of the smaller hotels in Palm
Desert and discuss this with them.
MR. MIKE FIFE, President of the CVB, said they were in the process of providing
information to the smaller and mid -size hotels. He added that the HIBC had voted
unanimously in favor of this proposal, which would increase the budget by approximately
S1.9 million
MS. KAREN SAUSMAN, member of the HIBC board and Director of The Living Desert,
said The Living Desert supported this request because it felt the work of the CVB was critical
to the growth and health of the Valley.
MR. JIM LOPEZ, Director of Marketing at Marriott's Desert Springs Resort, said he also
supported this request and felt it takes a more concentrated effort in the Coachella Valley to
compete with our competitors in other areas, such as Scottsdale, Arizona, and San Diego.
Mr. Fife noted that a preliminary budget had been prepared, and he offered to answer any
questions.
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As a member of the HIBC, Councilmember Benson stated that probably no budget has been
scrutinized more closely than the one for the CVB.
Mr. Erwin stated that if it was Council's desire to increase the TOT, he would suggest that
an ordinance be introduced and passed to second reading, increasing the TOT from 8% to
9%. In addition, the City Attorney should be directed to prepare documents modifying the
Joint Powers Agreement (JPA) to indicate funding equivalent and that it would be contingent
upon other cities' approval. He added that second reading of the ordinance could be held
until those other parties agree to the modifications.
Councilman Wilson asked whether second reading could also be held until we have a report
back from the smaller hotels, and Mr. Erwin agreed.
Councilman Crites stated that he would vote against the motion because he was not
comfortable supporting a 134% increase in funding and was not sure whether San Diego was
an equivalent market to be competing against.
Councilmember Benson moved to: 1) Waive further reading and pass Ordinance No. to second
reading, increasing the Transient Occupancy Tax from 8% to 9%, 2) direct the City Attorney to prepare
the necessary documents modifying the JPA to indicate funding equivalent, contingent upon approval by the
other cities and receipt of a report from the smaller hotels. Motion was seconded by Kelly.
Councilman Wilson commented that because Mayor Pro-Tem Benson was supporting this
recommendation and since the comments of Councilman Crites indicate he will be voting no
on this item, he would reluctantly vote in favor of this recommendation but reserved the right
to vote NO on second reading of the ordinance, depending on the input we get from the small
hotels. He said he had voted in opposition to raising the TOT the last time. He added that
he judges communities when he visits them by the amount of tax on his hotel room. If it is
excessive, he feels they are ripping him off and do not want him in their community.
Mayor Kelly stated he was impressed with where the money is being dedicated and the fact
that we are going to work toward a reserve. In addition, hotels are in favor of the increased
TOT, is still low. He said he hoped he would never see the day when we get like
New Yewith its hotel occupancy tax of 20 % .
Mayor Keltjr for the vote. Motion carried by a 3-2 vote, with.Councilmen Crites and Snyder
voting NO.
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XIII. REPORTS AND REMARKS
NOTE: THESE ITEMS WERE DISCUSSED BY COUNCIL FOLLOWING COMPLETION OF THE
REMAINDER OF THE AGENDA.
A. CITY MANAGER
1. Mr. Shillcock introduced Mr. Joe Cordero from our sister city of Osoyoos, Canada.
Mr. Cordero stated that Donna Gomez, Paul Shillcock, Rochelle Fleisher, and John
Wohlmuth had all treated him very well and that he was very impressed with the
hospitality of the City.
2. Temporary Plans Examiner
Councilman Crites moved to add this item to the Agenda for discussion. Motion was seconded by
Benson and carried by unanimous vote of the Council.
Mr. Conlon reviewed the staff report, noting that it was a follow-up from the Council
meeting of December 12, 1991. He said building permit and plan check activity was
up and that he expected we would be very busy for the next three months. He said
this recommendation was to continue employment of the two temporary positions,
Plans Examiner and Building Inspector, for the remainder of fiscal year 1991/92.
Councilman Wilson moved to, by Minute Motion: 1) Continue employment of the two temporary
positions, Plans Examiner and Building Inspector, for the remaining 1991/92 fiscal year (three months), 2)
instruct the Director of Finance to appropriate adequate funds into Temporary/Full-Time account #110-4240-
1004. Motion was seconded by Snyder and carried by unanimous vote of the Council.
3. Report on CVAG Executive Committee Action of Housing Legislation
Councilman Crites moved to add this item to the Agenda for discussion. Motion was seconded by
Benson and carried by unanimous vote of the Council.
Councilmember Benson stated that at the Executive Committee meeting she attended
for Mayor Kelly, it as brought back to reverse the decision to support attaching Palm
Desert's housing recommendation onto Senator Bergeson's bill. She said the rest of
the Mayors there wanted to go back to their councils to see what their feeling was.
She said TAC had recommended that the Executive Committee withdraw the
recommendation and hold any proposed affordable housing legislation until the 1993
State legislation session, giving CVAG additional time to formulate an affordable
housing legislative proposal. She said it was discussed whether we should go on now
and see if we can attach to Bergeson's bill with the provision that she change her bill
to 100% commitment by each city where she has 50.% in hers now. She said her
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recommendation at the time was that it would be better to go forward and get in the
process than to withdraw since two years had been spent trying to get something done.
Councilmember Benson moved to, by Minute Motion, support attaching Palm Desert's housing
recommendation as amended onto Senator Bergeson's bill. Motion was seconded by Crites and carried by
unanimous vote of the Council.
B. CITY ATTORNEY
1. Mr. Erwin requested a Closed Session at the appropriate time pursuant to Government
Code Section 54956.9 (a), (b), and (c) (Shearson v. Palm Desert, County of Riverside
v. Palm Desert regarding Big Horn/Altamira litigation) and 54956.8, Real Property
Transactions (acquisition of property in Section 4).
2. Mr. Erwin asked that Council consider an ordinance amendment dealing with the
Investment Committee and said it would take a 4/5ths vote of the Council for
discussion.
Councilmember Benson moved to add this item to the Agenda for discussion. Motion was seconded
by Crites and carried by unanimous vote of the Council.
Councilman Wilson stated that in view of the history and litigation with Wymer, he
felt the entire City Council should be the Board to hear and adjudicate this matter
since it has a responsibility to its constituents. He said he would see this Investment
Committee being the body that reviews and looks at future investments.
Councilmember Benson agreed and said she felt having citizen members was for
future investments and not to discuss past actions of the Board. Legal actions would
come to the Council. . .
Councilman Crites stated that Mayor Kelly and Councilman Snyder were the people
most involved in looking at past issues, and he felt all of the Councilmembers should
be involved in this.
bimor Kelly stated that all issues related to the Wymer incident would be discussed
with the entire Council whenever possible, and this Investment Committee would be
dealing only with investments that we have now.
Councilman Crites moved to waive further reading and pass Ordinance No. b 1 5 to second reading
-elating to the Investment Committee. Motion was seconded by Wilson and carried by unanimous vote of
the Council.
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C. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. conqderabon of Request from League of California Cities for Approval of Draft
Letter to be Sent to all Cities in the Inland Empire Di en of the League of
California Cities Relative to Division Boundaries (Mayor shard S. Kelly).
Mayor Kelly reviewed the letters received relative to boundaries of the Inland
Division of the League of California Cities and asked for Council opinions.
Councilman Wilson said he would recommend that the division be split along
County lines because this would give us a strong voice in the League of
California Cities.
Mayor Kelly agreed.
Councilman Wilson moved to, by Minute Motion, support a separate League division by County
line and direct the Mayor to contact other cities and the Coachella Valley Association of Governments and
urge them to do the same. Motion was seconded by Snyder and carried by unanimous vote of the Council.
2. Consideration of Request from Riverside County Child Care Consortium for
Funding for the "Week of the Young Child" Event on April 4, 1992 (Mayor Pro-
Tempore Jean M. Benson).
Mayor Pro-Tem Benson reviewed the letter sent to the City from the Riverside County Child
Consortium and moved to, by Minute Motion, support this request including the $300.00 donation as
indicated in the letter. Motion was seconded by Crites and carried by unanimous vote of the Council.
Mayor Pro-Tem Benson added that the Child Care Consortium had its third in a
series of meetings Tuesday morning hosted by the Marriott Hotel. There was a
presentation by the target people from Dayton/Hudson of a check in the amount
of S250,000 to the Department of Education to further family to family child care
services. She said they were more than impressed with the support from this
community.
Mayor Kelly added that Mayor Pro-Tem Benson was the leader of that group and
that this was a very impressive breakfast.
o City Council Committee Reports:
1. Councilman Crites distributed copies of the agenda he had while in Washington,
D.C., a week ago just to let Council know what he had done while there.
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He also noted that he had distributed to the Council for information copies of an
article about Senator Bill Lockyer's bill relative to SLAPP lawsuits.
2. Councilman Crites noted that on April 4th Senators Seymour and Cranston were
convening a Senate Public Lands Committee meeting in Palm Desert at the High
School to take field hearing on the California Desert Protection Act that this city
as well as five other cities in the Valley are on record as supporting. He said
either he or the Mayor would probably represent Palm Desert with testimony
since we are both the host city and are favorable to the bill. He said he had
contacted the Sheriff's Department for law enforcement at this hearing because
at previous hearings in Barstow and Beverly Hills there had been some problems.
He said he wanted to make sure people visiting Palm Desert are treated with
respect and dignity.
Mayor Kelly stated he would not be in town that day and felt Councilman Crites
was the most capable person to represent the City. Council concurred.
3. Councilman Wilson stated that with the economy in its present state and with lots
of our smaller mom and pop merchants feeling the crunch, he would like for staff
to look at a purchasing policy where we would try wherever possible to use
locally owned and operated Palm Desert businesses first. Second priority would
be Palm Desert businesses that are maybe not locally owned and operated. He
said some type of weighted policy would give the local merchants the feeling that
the City cares about them and will do everything in its power to try to give them
its business first.
Council concurred.
Councilman Crites stated that we need to be careful not to violate any laws in this
type of thinggand to make sure we do not end up paying more for a particular
project by using the local firms.
is :Councilman Wilson said he would like to comment on a meeting held earlier in
the day at the Palm Desert Civic Center. He said Environmental Conservation
_Manager John Wohlmuth had done an outstanding job pulling together Valley
experts on landscaping, turf grass, etc. He added that there was one person there
who had some "miracle grass" that would grow all year round, and this would
save on having to plant rye grass in the winter and bermuda for the summer.
S. Report on Golf Cart Legislation
Mayor Kelly ., .r .. b.1 that the Golf Cart legislation had gone through the Senate
Transportation Committee last week and received opposition from the California
Highway Patrol and trial lawyers. He said it would go to the Budget Finance
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Committee on Monday and that the trial lawyers were lobbying the members of
that committee. He said our legislative advocate felt it would be good to have a
,..4 ...tative at that meeting and that he would attend. He said Senator Presley
was Chairman of the Budget Finance Committee and was in .favor of the bill and
had written a letter to the Chairman of the Senate Transportation Committee in
support. •
Councilman Wilson asked why the trial lawyers were opposed to this bill. Mr.
Erwin responded that there was a provision in the bill they objected to which
basically says that the State or any State entity or State individual has no liability
because of this program.
XIV. ORAL COMMUNICATIONS - B
None
XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
Council considered Reports and Remarks following completion of the remainder of the Agenda.
Upon motion by Crites, second by Wilson, and unanimous vote of the City Council, Mayor Kelly
recessed the meeting at 6:15 p.m. for dinner. He reconvened the meeting at 7:10 p.m.
XVI. ORAL COMMUNICATIONS - C
Mr. Altman introduced Mr. Herb Cranfill of the American Police Hall of Fame.
Mr. Cranfill stated that Mayor Kelly had been unanimously selected to receive one of the highest
awards, the Honor Award, for distinguished achievement in public service. He presented the
award to Mayor Kelly as well as two ribbons and said he had earned the respect and admiration
of this organization.
MR. BRIAN HYDE addressed Council and said he was a resident of Palm Desert, a mechanical
contractor, and a managing consultant and certified auditor for the South Coast Air Quality
Management District. He said he had two items to discuss. First, he noticed in the City Calendar
that the City does advocate saving energy and things like that. In fact, one item on the Calendar
mentioned that if you put your air conditioner in the shade by the side of the building, it saves 40%
energy. Yet we constantly approve housing and buildings that put air conditioners on the roof,
which is absolutely the worst place to put them. He said he felt the Planning Department should
be instructed to take serious points off any builder that submits plans calling for the air conditioner
on the roof.
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The second item he said he wished to bring up was that this year there were some very strict
regulations on handling of refrigerants. Starting on July 1, 1992, it becomes illegal for anyone to
vent any refrigerant into the atmosphere. He said this is requiring contractors like himself who
want to comply with the regulations to go out and buy equipment that will cost between $1,500 and
$3,000 per piece for each of his trucks to carry. To operate this equipment, he said he has to
obtain a permit from the South Coast Air Quality Management District (AQMD) which requires
submitting the permit request and paying for it. He said the AQMD had indicated an interest in
working with the cities to make the permit process easier and to assist in enforcement of the law.
He said he felt the City could issue the necessary permits, with the fees collected staying in the
City of Palm Desert. That way when people are licensed in the City as mechanical contractors,
the City can see that he has the right equipment required by law and then issue the permits. He
said he was only asking that everyone work by the same rules and that he did not think it was fair
for only some of the people to comply.
Mayor Kelly stated he felt this was an excellent idea to check equipment when the contractor is
licensed.
Councilman Wilson stated that what Mr. Hyde was suggesting was an excellent idea and was in
keeping with a new program being initiated by the AQMD called the "New Directions" program.
He said the AQMD was contracting out with counties and other agencies to help streamline the
permit process and try to make it as easy as possible for small businesses to comply without going
through the rigorous process of going to Diamond Bar. He said he felt it was an excellent
suggestion and he said he would be happy to work with the City Manager to follow up with a
request to the District.
XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. APPMEEMEZEI TO THE CIVIC ARTS COMNa l i r c TO FILL VACANCIES
CREATED BY THE EXPIRATION OF TERMS OF CAROLYN MILLER AND JOHN
NORMAN.
Councilman Crites moved to, by Minute Motion, reappoint Ms. Carolyn Miller and Dr. John
Norman to the Civic AM Committee for new, three-year terms. Motion was seconded by Benson and
carried by unanimortlAs of the Council.
Mayor Kdlyieted that he felt both of these people do an exceptionally good job on the Civic
Arts Committee deserve to be reappointed.
B. anallbigka TO T'HE PROMOTION COMNu i i r c TO FILL THE VACANCY
CREATED BY THE RESIGNATION OF DON ALEXANDER.
Councilman Crites stated that the committee was not yet ready to make this appointment and
asked that it be continued to the next meeting. Council concurred.
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C. APPOINTMENT TO THE RIVERSIDE COUNTY FREE LIBRARY ADVISORY
COMMYIIrc TO FILL THE VACANCY CREATED BY THE RESIGNATION OF
KAROL SCHOEN.
Councilman Crites stated that the committee was not yet ready to mails this appointment and
asked that it be continued to the next meeting. Council concurred.
D. UNITED WAY
Mayor Kelly commended this year's' City of Palm Desert United Way Committee and said
it had raised more money this year than ever before because of functions such as the Gourmet
Dinner with celebrity waiters ($13,000), the Leap Year Fiesta in the Civic Center Park
($3,600), and two different programs within City Hall (each raising $300). In addition, there
was approximately $ 13,000 pledged through payroll deductions. The total raised was
approximately $30,000.
He thanked the Committee members and presented an engraved clock to each of the
following: Rudy Acosta, Dave Cehr, Brent Conley, Dick Folkers, Donna Gomez, Carlos
Hernandez, Sondra Johnson, Pedro Rodriguez, and Pat Scully.
XVIII. PUBLIC HEARINGS
A. BEOUEST FOR CONSIDERATION OF THE FORMATION OF COMMUNITY
FACILITIES DISTRICT 91-1 (INDIAN RIDGE PUBLIC IMPROVEMENTS) PURSUANT
TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 (Continued from the
Meeting of January 23, 1992).
Mayor Kelly noted that this hearing was to consider the formation of the Community
Facilities District No. 91-1, the levy of special taxes against the parcels within the District,
and the issuance of bonds secured by the special taxes. He asked if there were any
owners or registered voters in the District who wished to file written protests, and no such
protests were offered.
He declared the public hearing o n and asked for staffs presentation.
Mr. Ortega stated that since there was only one property owner, some of the procedures
would be short.
Mr. Yrigoyen, Senior Administrative Assistant, reviewed the staff report, noting that staff
had been working with representatives of the Indian Ridge project in development of the
District. He reviewed documents included in the staff report and offered to answer any
questions.
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Mayor Kelly invited testimony in FAVOR of or OPPOSED to this request. None was offered, and
he declared the public hearing c1.450^1.
Councilman Wilson moved to waive further reading and adopt Resolution No. 92-22,
establishing City of Palm Desert Community Facilities District No. 91-1 (Indian Ridge Public
Improvements), authorizing the levy of a special tax within the District, preliminarily
establishing an appropriations limit for the District, and submitting levy of the special tax and
the establishment of the appropriations limit to the qualified electors of the District. Motion
was seconded by Benson and carried by unanimous vote of the Council.
Councilman Snyder moved to waive further reading and adopt Resolution No. 92-23, determining
the necessity to incur bonded indebtedness within the City of Palm Desert Community Facilities District No.
91-1 (Indian Ridge Public Improvements) and submitting the proposition to the qualified electors of the
District. Motion was seconded by Benson and carried by unanimous vote of the Council.
Councilman Wilson moved to waive further reading and adopt Resolution No. 92-24, calling for
a special election. Motion was seconded by Benson and carried by unanimous vote of the Council.
Mayor Kelly asked the City Clerk to open the ballot and announce the results of the election.
Mrs. Gilligan announced that there was one qualified land owner, one vote was cast, and it
was a yes vote.
Councilman Wilson moved to waive further reading and adopt Resolution No. 92-25 declaring
results of the special election and directing the recording of the notice of special tax lien. Motion was
seconded by Crites and carried by unanimous vote of the Council.
Councilman Crites moved to waive further reading and pass Ordinance No. 674 to second reading,
levying special taxes within the City of Palm Desert Community Facilities District No. 91-1 (Indian Ridge
Public Improvements). Motion was seconded by Benson and carried by unanimous vote of the Council.
At this time, and w111iNwrrence of the Chy Council, Mayor Kelly suspended the remainder of the
Agenda to consider Mak Hearing Item "C".
B. cadZinglariE OF AN APPEAL OF A PLANNING COMMISSION DENIAL OF A
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND PRECISE PLAN
FOR A 161-UNIT, SINGLE-FAMILY PROJECT ON 23 ACRES ON THE NORTH SIDE
OF FRED WARING DRIVE, 1400 FEET EAST OF COOK J i Arm' , Case No. PP 91-12
(Sterling Partners, Inc., Appellant).
Mr. Drell reviewed the staff report, noting that this project would include a 5,000 square foot
child care center, large common recreation lot with swimming and wading pools, basketball,
volleyball, and a smaller passive recreation area with a tot lot. He noted that units would be
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made affordable for low and moderate income households through a bond financing program
called HOME (Home Ownership Made Easy) .
Mayor Kelly declared the public hearing ogcn and invited testimony in FAVOR of this request.
MR. GARY NOGLE, architect for the applicant, stated they had dully achieved a
community which they believed would e a model project for the Caolipla Valley. He noted
that the child care facility was designed to accommodate approximan10110 children and that
a total of 1.3 acres would be recreational amenities. He said that proximity to educational
facilities was an important consideration and that there were plans for a new elementary
school at Portola and Hovley for kindergarten through fifth grade. He stated that one of the
expressed concerns of the Waring Place homeowners was noise; after four meetings with
those homeowners, he said they had decided not to have the pocket parks that had been
planned originally. He added that the Waring Place homeowners had submitted a letter of
approval with conditions.
Upon question by Mayor Kelly, Mr. Nogle responded that there would be a bus turnout
adjacent to the child care facility. With regard to acceleration and deceleration lanes, he said
there would be only a deceleration lane into the project. The right turn out of the project
onto Fred Waring would not have an acceleration lane.
Mr. Drell added that the feeling was that people should not start entering a street until it is
clear.
MR. PETER STERLING, applicant, explained the various discussions that had been held
with residents of Waring Place, noting that he had met with the Board of Directors twice and
had spent many hours with residents working out methods to mitigate impacts of the project.
He said the January 17th letter from those residents indicated they wished to set forth terms
and conditions as criteria which they felt had best represented the vested interests of all the
membership in providing their support for the planned development adjacent to Waring Place.
He said they had agreed to all of things they wanted such as: 1) They did not want a duplicate
parallel block wall along the existing wall on the east side of the project, 2) replacing the
existing gates with a full-sized gate system to provide a fully -enclosed environment for the
Waring Place homeowners.
Councilman Crites asked whether Waring Place would only be accessed through in essence
a guard gate. Mr. Sterling responded that right now it is a gate for cars only but is easily
pedestrian accessible. This would create a gate for pedestrian access. Crites asked if that
would in any way change the responsibility for who takes care of the streets inside that
community, and Mr. Folkers responded that it was already a private inset system.
Mr. Sterling stated other items were: 1) To install decorative lighting around the perimeter
of the project, 2) install upgraded landscaping, 3) set aside a sum of money to help defray
the cost of upkeep of the upgraded amenities. He said they had agreed to all of these items
14
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l
and had sent a letter to Waring Place on February 18th indicating they would allocate
$50,000 to them to allow them to make all of these improvements and oversee them
themselves. He said they had not yet heard back from them in response to that letter. He
stated that the Waring Place homeowners had requested that the City refrain from purchasing
Park Lake Village as part of the affordable housing program. With regard to Desert
Horizons homeowners, it was felt the project would have little or no impact on them. He
said he attempted to call Desert Horizons several times and that calls had not been returned.
He said he met with employees of the City of Indian Wells who were supportive of the
concept and design of the project.
Mr. Sterling stated that a survey had been done concerning employees of Palm Desert and
that about 67% working directly for the City live outside of Palm Desert. Of the employees
working for the City and living within the City who have four, five, and six person
households, 60% to 75% would qualify under the financial requirements.
MRS. DORIS MECHANICK, Child Care Coordinator for the Valley, stated she felt this was
a family -friendly project and that we need to address the needs of the employees year-round.
MS. KAREN BAKER, Palm Desert High School, said there was no such thing as affordable
housing in Palm Desert, and it is very hard when over half of one's income is spent to put
a home around his or her family. She said she was very much in favor of this project.
MR. BILL ROSENBERGER, Executive Director of the Riverside County Housing Authority,
said he supported this project and added that his office would be involved in this project and
the purchase agreements.
MR. TONY NEELY, resident of Rancho Mirage, said he was employed at the Palm Desert
Town Center and felt this was a great project with a lot of good points.
Councilman Crites asked whether there had been any official comment from the City of
Indian Wells other than the inquiries about half of the road. Mr. Drell responded that there
was a series of letters included in the packets which basically took no official position and
felt it _City policy matter.
Cou t Crites asked if they did not see any significant adverse impacts to Indian Wells
as pereeii ll by their govenimen iad Mr. Drell responded no.
Mayor Kelly invited testimony in OPTO5JTION to this request. The following were opposed to
the project for the following reasons: increased traffic volume on Fred Waring Drive, reduction
of privacy and security for Waring Placetermigowners, high cost of the land for the project when
the City already owns land for this typepf prc t, higher potential for crime in the area, decreased
ti values, inaccessibility to paramedio and law enforcement personnel, potential problems
with people turning right out of the project and then making u-turns on Fred Waring in order to
travel east, safety of children in this small area, homeowners of Waring Place were advised by the
27
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REGULAR PALM DESERT CITY COUNCLL MEETING MARCH 12, 1992
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developer that this would be a senior project, Fred Waring Drive is the gateway to the City and
should not have a low-income housing project at the City's entrance, and the high density of the
project.
MR. JERRY WILSON, 75-211 Santa Fe Trail, President of the War* Place Homeowners
Association, stated he took offence to Mr. Drell implying that the Wady Place homeowners
were not here expressing opposition to the program back at the Planning Commission meeting
when, in fact, they were present and objected to it. He read a prepared statement (attached
hereto and made a part hereof as Exhibit "A").
MR. TOM EMMETT, 75-451 Santa Fe Trail, said he felt it was a beautiful project but not
at this location. He urged Council to give this more time and ask for input from the Waring
Place homeowners before approving the project.
SGT. COLLEEN WALKER, 75-368 La Cresta.
MR. MILTON LEWIS, President of Desert Horizons Homeowners Association, stated a
letter had been distributed to Council earlier in the meeting (attached hereto and made a part
hereof as Exhibit "B"), and he read it for the record.
Councilman Crites asked whether the Desert Horizons Homeowners Association had taken
a position on record opposing any project of Indian Wells that would be located on Fred
Waring Drive.
Mr. Lewis responded that if such a project had a single ingress/egress and the potential for
644 children, then yes his association would oppose it.
MR. JERRY NIEMEYER, 75-605 Desert Horizons Drive, Vice President of the Desert
Horizons Homeowners Association, said he felt the traffic report was too general and
questioned when it was conducted. He urged Council to support the Planning Commission
decision that this was a worthwhile project but at the wrong location.
MR. STEVE SOWLES, 75-400 La Cresta, opposed the project and said one subject that had
not been discussed was who would administer the seconds on these pieces of which
was of some concern to the Planning Commission. He added that he felt the plan had a lot
of merit but not at this location.
MR. KEITH SHARF, 72-889 Don Larson, said he was as concerned as residents of Palm
Desert with the fact that people are talking about paying $130,000 per acre when the City
must have more available land at a nicer price.
MR. LES VACCARELLO, 75-179 Santa Fe Trail, agreed with the need for affordable
housing but felt this was not really affordable housing - it would be subsidized housing.
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REGULAR PALM DESERT 'ITY COUNCIL MEETING MARCH 12, 1992
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With no further testimony offered, Mayor Kelly declared the public hearing glom!.
Councilman Crites asked what percentage of increase in traffic will be generated by this
project at full occupancy. Mr. Drell responded that it was expected to generate four to five
percent or about 19,000 trips per day as of 1991. By 1995 it was projected to go up to
21,000 trips per day, or approximately five percent. Crites asked what would prevent people
from making direct left turns out of the project onto Fred Waring. Mr. Drell responded that
the median would be designed in such a way that it could not be done. Crites asked whether
there was space available to have an acceleration lane, and Mr. Drell responded that there
was.
At the request of Mr. Folkers, Associate Transportation Engineer Seyed Safavian explained
that the City of Indian Wells had acquired a grant from CVAG and would be working quickly
on a crossing over the channel; Fred Waring would then be designed for four lanes. In
addition, he said the developer had agreed to have a deceleration lane, with provision for
acceleration in the form of channelization at the entrance to the project.
With regard to the issue of subsidized housing, Councilman Crites asked whether the funding
that comes from the State for this project is part of what State law requires to be set aside for
this purpose or if it is general fund money that we can use in other ways. Mr. Drell
responded that it was 20% of the Redevelopment Project Area incentive which must be spent
for this purpose per State law and our settlement agreement with Western Center on Law and
Poverty.
Councilman Crites asked for staffs comments about the issue of administering the seconds
on these homes. Mr. Drell responded that this would be a function of the Housing Authority
and that there would probably be an administrative cost associated with that activity.
With regard to staffs list of potential traffic improvements to the Fred Waring/Cook Street
interchange in 1995, Councilman Crites asked if there was any reason, whether this project
does or does not come to be, that the time table for those issues could not be moved up. Mr.
Drell responded that it could be done because the improvements will be required sooner or
late! * P
Crites Sid whether this project would be required to pay the public art fees, and Mr. Drell
responded trt it would have to pay all of those fees.
Councilman Wilson asked for clarification of the Waring Place project as far as number of
apartments. Mr. Drell responded that there were 220 apartments and 73 single-family homes.
He added that while there may be lower income households in the next project, they are not
paying low income rents. He stated that there are low income people living throughout the
City and paying rents of 50% to 70% of their income, and this is one of the problems staff
is trying to address.
29
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REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 1992
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Mayor Kelly asked what income levels would qualify to purchase one of these homes. Mr.
Drell responded that the income level is adjusted as the household gets larger. Mayor Kelly
stated that people in this project could be making S21,000 to S50,000, and Mr. Drell
confirmed it. Upon question by Mayor Kelly relative to cost of the homes, Mr. Drell stated
they would cost approximately $115,000.
Councilmember Benson asked how many units there were going to be when we had the land
at 12 units per acre for senior housing. Mr. Drell responded that ate were 276 units.
Councilman Crites stated that when the Waring Place project was put together, the overall
density was 7 units per acre. When the senior housing project was proposed, a number of
people from Desert Horizons spoke negatively about traffic, seniors, etc. He said he felt the
City of Palm Desert has had for a long time the idea that affordable housing should be
scattered throughout the community and not concentrated in any one area, and he agreed with
this idea. He agreed that traffic was a real issue because Fred Waring will get busier and
busier. In terms of children, he said there were many projects with lots of children that are
located right on busy highways, and he commended this particular project for having things
for the kids to do. He expressed concern with the January 17th letter from Waring Place
homeowners and said he felt there needed to be discussions between the developer and those
homeowners about those issues. He said he felt the Waring Place homeowners might want
to think twice about proposing that the City of Palm Desert never attempt to purchase the
Palm Lake Village apartments but instead maybe ask that the City never do so without their
approval. He added that he did not see any problems either with density or compatibility of
the project.
Councilmember Benson commended Sterling Partners for this project and said she felt it fit
in with the style of Palm Desert. She said she felt a project like this showed that we do "put
our money where our mouth is" and that she was in favor of the child care facility. She
added that there was already a low and moderate income project at the entrance to the City -
One Quail Place - that has not deteriorated the City. She suggested continuing working with
the Waring Place homeowners to see if concerns can be resolved.
Councilman Wilson stated he understood the people living south of this project having
concerns about it and said this was one of the City's first efforts at infilling affordable
housing to meet affordable housing needs. He said he felt the project as designed was an
excellent family living environment for the people who work in our city. He said land cost
is too high everywhere in the Coachella Valley. $130,000 per acre does seem unreasonable
for the City, but we do not want to take one section of land and put all of the City's
affordable housing on it. Although the issue of traffic is a good argument, he said if you go
down several blocks on Fred Waring, there are places where people have to exit right onto
Fred Waring. This project is close to schools and shopping as well as public transit, which
is desirable and would therefore cut down on number of vehicle trips. He commended the
developer for the upscale amenities on the site for recreation and child care. On the negative
side, he said he was very reluctant to overturn a decision of the Planning Commission, which
10
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the Council seldom does. However, he felt there were some compelling arguments relative
to ingress and egress and location of the project. He said he was also philosophically
opposed to the idea of locating any major development on our neighbors' borders; however,
Indian Wells had made it clear they do not see moderate or low income housing as a problem
on their boundaries. He added that he did not hear Mr. Drell say that Indian Wells approved
the project, only that they did not oppose it. He expressed concern with the conflicting data
from the Waring Place homeowners versus the developer, and he said he would like any
approval of the project conditioned that the parties get together and work out details before
the project goes forward.
Councilman Snyder agreed with Wilson and said he did not like to override a decision of the
Planning Commission, but there are times when all considerations demand that. He felt
strongly that this type of project was something the City really needs. He suggested
continuing this matter to the next meeting and asking the Planning Department staff to meet
with the Waring Place homeowners to try and work out difficulties before a final decision is
made.
Mayor Kelly stated that the City Council works hard to protect people who live here today.
The City has a policy that it will not only have affordable housing all over the City so it does
not impact only one location, but we also have an excellent working relationship with
Riverside County affordable housing people who administer the program. There area
neighborhoods in the City which have come in and said they do not want affordable housing
in their area, and these people did not realize they already had it there. If this project is
approved, the City will do everything it can to make sure it is one of the best in the
Coachella Valley.
Councilman Crites expressed concern with what people a Waring Place thought they had been
told and what the various letters do and do not say. He said he would like for the developer
and the Homeowners Association at Waring Place to discuss these issues; if Waring Place
comes back still 60.1 to the project, Council will look at that at that time. He said the
fact that there will be only one entrance for 161 homes is something we cannot do much
about.
Co • moved to continue this matter to the meeting of March 26, 1992. Motion was
seconded by Sn =y,
MR. MJLTON LEWIS stated that at a Desert Horizons Homeowners meeting, people
wondered why the project had been changed from a senior project to family. He said they
would support a senior citizens project.
Mayor Kelly called for the vote. Motion carried by unanimous vote of the Council.
31
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C. REQUEST FOR CONSIDERATION OF 18TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) FUNDS.
Mr. Janes reviewed the staff report and projects being , ,..m., ,.ded for this program. He
noted that the amount of 18th Year funds available was $115,000, with an additional
$100,000 unallocated from our 16th Year funding. He said staff weld review all of the
requests received and come back with a recommendation to the Councl.
Councilman Crites questioned whether the Council was being asked to make decisions about
the funding at this meeting. Mr. Ortega responded that staff will evaluate those requests
received relative to provisions of the CDBG funding program and will come back to Council
with a recommendation.
Mayor Kelly declared the public hearing ozn and invited testimony from the audience.
MR. ROBERT DRIVER, Desert Community Outreach, said his organization was requesting
$15,000 from Palm Desert. He noted that $5,000 to $6,000 per month was spent on food
for people with AIDS and that approximately $3,000 per month was spent on overhead such
as rent. He noted that other cities in the Valley had provided some kind of funding from this
type of grant. He added that he could get the required paperwork in to Mr. Ortega's office
by Monday if necessary.
MR. DENNIS HEALEY, Shelter from the Storm, stated their had been in existence for four
years and was started by women from the Palm Desert Soroptimist Club. He said their
facility was not up yet and that they were trying to get each city to commit to one bedroom
in the facility in the amount of $30,000. He added that more than $675,000 had been raised
to date and that they were in the process of getting plans finalized so they can build the
facility and hopefully have the shelter open by the end of the year.
MR. FRED DEHARO, El Progresso del Desierto, requested $17,426 in order to purchase
a mini computer and additional terminals to tie into a network system.
MS. MARY FRANKLIN, Executive Director of HOW Foundation, stated this organization
worked with rape survivors and adults molested as children. She requested $4,000 in order
to begin counseling programs for these individuals.
With no further testimony offered, Mayor Kelly declared the public hearing closed.
Mr. Ortega stated that staff would analyze requests received relative to meeting the criteria
of the CDBG program and identifying how many people in Palm Desert they serve, etc.
With regard to requests for funds from the public service category, he said there was a limit
and that we may not be able to fund 100% of the people requesting those funds.
MJN I.)1'k...
REGULAR PALM DESERT "ITY COUNCIL MEETING MARCH 12, 1992
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Councilman Crites moved to, by Minute Motion, consider the requests for funding and direct staff
to return with recommendations for funding. Motion was seconded by Benson and carried by a 4-0-1 vote,
with Councilman Wilson ABSENT.
XIX. ORAL COMMUNICATIONS - D
None
XX. ADJOURNMENT
Upon motion by Snyder, second by Crites, and unanimous vote of the City Council, Mayor Kelly
adjourned the meeting to Closed Session at 11:25 p.m. to discuss items as noted by the City Attorney. He
reconvened the meeting at 12:05 a.m. and immediately adjourned with no action announced from Closed
Session.
ATTEST:
/7
SHEILA R. GILLIGAN CLERK
CITY OF PALM DES , CALIFORNIA
RICH
33
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LA.runii "A"
We later found out that the City of Indian Wells had not given its approval.
Desert Horizon Country Club was not contacted until well after our meeting.
(Copy of letter dated February 11, 1992 attached)
We feel that Philip Drell misrepresented the position of the City Planning
Commission. We had asked him what the position or feelings about the approval
of the project were. Philip Drell informed the members of the Association pre-
sent that the planning commission wanted this project to be completed and that
it was basically a "done deal" as far as the planning commission was concerned.
The membership present felt that because of the almost sure approval of
the project per Philip Drell and because we are a very small association and do
not have the funds to support legal action to prevent the project that the best
thing to do at this point was to write a letter to Sterling Partners, Inc.
outlining our areas of concern and some things that could be done to lessen the
impact of this project on our Association.
We discussed with both Sterling Partners, Inc. and Philip Drell the need
for better traffic speed control and traffic lane identification at our Fred
Waring entrance and the proposed project. Both agreed to this need and said it
would be covered in their proposal to the planning commission which it was not.
Sterling Partners, Inc. has now sent us a letter that does not meet the
intent of the improvement that we feel would be required to lessen the unique
hardships that would be imposed by the completion of the proposed project. If
the City Council does approve this project over our strong objections, the fol-
lowing would be required by our Association before work is started on the project:
a. Extention of entry walls, pedistrian gates,
new, higher vehicle entry gates. $30,000.00
b. Street lighting at entry gates for safety
and security. 9,000.00
c. Sidewalk and landscape lighting along Fred Waring
and Cook Streets for our security and the safety
of residents of the proposed project, sinilar to
the metal Halid Balard light fixtures that the
City of Indian Wells has installed along Hwy.111. 40,000.00
d. Estimated savings to Sterling Partners, Inc. for
not installing the second wall between our prop-
erty to be placed in cash into an account for
future maintenance on the above items.
These costs are bas€i upon our best estima;:es.
We respectfully request denial of this proposed housing project.
WARING PLACE H
RS ASSOCIATION
•C).0
ue L. wit on, rresiaent
c„ , — U s (1. P5^ /z—T
1
'1- i S 110,14 -
�Yt�ctno� %?�ccL�ilt�F�
ys- asp�ct�s d 1 .
30,000.00
7S7 94/ 4_ ,§r:6.
75_/o.z_ ,E.Q tef,2aa„L,
1
t
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
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MARCH 12, 1992
* * * * * * *
r. AtIIDII "A"
WARING PLACE HOMEOWNERS ASSN.
75-211 Sante Fe Trail
Palm Desert, CA 92260
March 12, 1992
PALM DESERT CITY COUNCIL
City of Palm Desert
75-510 Fred Waring Dr.
Palm Desert, CA 92260
RE: Case #91-12
Objection to the Appeal of Sterling Partners, Inc. to overturn the
Denial by City of Palm Desert Planning Commission for a Precise Plan
for 161 Unit SFR Affordable Housing Project on Fred Waring Drive.
Dear Council Members:
For the record the waring Place Homeowners Assn. is not now nor has ever
been in favor of this proposed high -density housing project next to our low
density single family development. Some of the Association concerns are listed
below:
a. The number of residents would create too many children in a small area
bordered by the presently very high traffic volume on Fred Waring Drive.
b. The single entrance to the project from Fred Waring Drive would produce
an unsafe condition which now exists at our main entrance on Fred Waring Dr.
c. Decrease in our property values (See attached letter from Tarbell Realtors)
d. If the low-income housing goes in, there would be a much higher potential
for crime in our area than if the Senior Citizen Community were allowed.
e. A great percentage of the buyers of our association were told by the
developer that the area East of us was for and planned for a senior com-
munity. Therefore, continuing and enhancing the quiet atmosphere of our
environment.
f. The potential of bike, and people traffic through our community, thereby
reducing the privacy and security of our community.
g. Increased traffic volume on the already busy Fred Waring Drive.
h. The high cost of the land for the project, when the City already
owns land for this type of project.
i. ,As tax payers of the City of Palm Desert, we would like to see this type
of project developed through a competitive bid based upon specifications to
ensure the lowest cost to the City of Palm Desert, on land presently owned
by the City for this type of housing project.
Our letter to Sterling Partners, Inc. dated January 17, 1991 was based upon
what we feel was incorrect and misleading information form both Sterling Partners,
Inc. and Philip Drell, City of Palm Desert.
Sterling Partners, Inc. and Philip Drell attended our open Association
meeting in December 1991 to explain and answer questions about the proposed
project. Both were asked if the City of Indian Wells and Desert Harizons Country
Club approved of the project. In each case we were assured that the City of
Indian Wells and Desert Horizons Country Club had approved the proposed project.
MINUTES
REGULAR PALM DESERT -ITY COUNCIL MEETING MARCH 12, 1992
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i
1
Re: Affordable Housing
r.Aninh 1 "A"
iirbell;
REALTORS
March 10, 1992
Dear Homeowners of Waring Place,
According to the Legal Notice I asked for, from the Palm Desert City
Council, there will be a special meeting to consider an appeal by the
Sterling Partners Inc. The site in question is directly east of the
Waring Place Community.
This public hearing will be held on Thursday, March 12, 1992 at 7:00 p.m.
in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred
Waring.
This proposed project may have a direct influence on your property value.
Respectful,
Dennis Gose
Realtor
P.S. If I can hey► answer any questions please don't hesitate to call me:
Office; 340.+4495
Pager; 779-4482
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REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 1992
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L' AXIIDI I "A"
DESERT HORIZONS OWNERS ASSOCIATION
February 11, 1992
Mr. Jerry Wilson
President
Fred Waring Place Owners Association
75-211 Santa Fe Trail
Palm Desert, CA 92260
Dear Mr. Wilson,
I am writing to you on behalf of the Desert Horizons Owners
Association Board of Directors, to make you aware that our
Association was first notified of the January 21, 1992, hearing
regarding low to moderate income housing just 8 days prior to the
hearing, on January 13, 1992. Upon receipt of the notice of
hearing I immediately contacted the Board to make them aware of the
scheduled hearing. Secondly, representatives of Sterling Partners
Ltd. contacted me for the first and only time on the morning of
January 21, the day of the hearing. Any previous attempts to
contact me would have been answered and a record made or captured
on our answering machine, but neither of these things occurred.
If I may be of any further assistance, please feel free to contact
me at 619-340-5501. The Association's mailing address and ffa\
number appear on the bottom of this letterhead.
Sincerely,
Gary LidCroy, Propty Manager
On Behalf of the Board of Directors
Desert Horizons Owners Association
GL/sp
CC: Beard of Directors
75-181 Med'ternznean, Pai.rn Desert, CA (619) 340-5501 or _141-0393
AFs
REGULAR PALM DESERT TY COUNCIL MEETING MARCH 12, 1992
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t fliDi1 NBM
DESERT HORIZONS OWNERS ASSOCIATION
March 9, 1992
Palm Desert City Council
City of Palm Desert
73-510 Fred Waring Dr.
Palm Desert, CA 92260
RE: Case #91-12
Objection to the Appeal of Sterling Partners, Inc. to
Overturn the Denial by City of Palm Desert Planning •
Commission for a Precise Plan for 161 Unit SFR Affordable
Housing Project on Fred Waring Drive.
Dear Council Members:
This letter of objection in Case 191-12 is being filed on behalf of
the 460 homeowner members of the adjacent Desert Horizons
residential project.
Our letter has been hand delivered for reading into the record at
this hearing in order for each point of objection to receive fair
attention. We felt this did not occur for our previous pre -
submitted letter when it was reviewed before the Planning
Commission by Mr. Drell at that public hearing. We also felt it
necessary to submit this written objection and request for denial
based on information from the Homeowners' Association
representatives of Fred Waring Place that the developer, Sterling
Partners, Inc., had advised them in connection with the Planning
Commission hearing that Desert Horizons did not object to the
proposal whei:-.1,4 fact, no record of contact with us by the
developer had"Qurred until the afternoon of that hearing.
Our objections and request for a second denial by the City of this
project at this location is based on community concerns which
include the following:
The high density of seven units per acre of this 161 unit SFR
project on 23 acres does not fit with the general density
characteristics of the nearby existing adjoining properties.
We consider it misleading for the planning staff to report
that the adjacent Fred Waring Place project is also seven
units density when it is known that the 73 unit SFR portion is
substantially less than seven unit density and that it is only
when the separate multi -family units at the north rear of that
75-181 Mediterranean, Palm Desert, CA (619) 340-5501 or 341-0393
P.O. Box 12710, Palm Desert, CA 92255 Fax (619) 776-5544
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 1992
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rAnlini "B"
site are factored -in that a higher density is calculated.
Further, the much lower density characteristics of the
existing nearby Desert Horizons and Los Lagos resident4.1
projects must be considered when judging the deniy
characteristics of the proposed "Las Brisas" PUD. While we
understand the City must seek out the reasonable development
of legally required affordable housing, it should do this with
proper respect for the rights and property of existing
residents.
• We understand that the subject site was previously zoned for
this higher density to accommodate a senior citizens housing
concept. The history, basis, and purpose of this higher
density zoning was the subject of much discussion and
disagreement between the City's senior planner and the
Planning Commission at the previous public hearing and was
never resolved, particularly with respect to the changed use
from senior citizens to low and moderate income family -
housing.
• The proposed project concept is designed for a minimum of two,
maximum of four children per family. This then provides the
potential for 644 children to be housed within this 23 acre
site bordered on the North by the storm channel, the East by
tl,c SCE power sub -station, the South bv Fred Waring Drive and
the West bv an existing residential project and busy Cook
Street. Those of us who are parents that have raised a family
Lan readily realize that it is not practical to expect this
many children to remain within the confines of this dense
area, especially in a peaceful, harmonious environment.
• The project is to be located on the heavily- traveled, high
s'oecd Fred Waring Drive. Traffic patterns and volumes on this
primary East-W,st alternate thoroughfare are already extremely
severe and will clearly be e:.acerLated by the addition of this
project at this site. As the property to the East in the: City
of Indian Wells is developed in the not too distant future,
the Drive will continue to ii;cLease in traffic volume. Desert
Horizons just 1 ecently closed its entry and L: it yatewuy onto
FI Waring diroctly ac tu:,:, thJ2 street from tl;i piopost•d site
because its experts deemed this high speed luadway to be too
hazardous fur its owner residents. To now think that this
project would place families and possibly 644 cl:ilaren at this
roadway- point is frightening. To this add the traffic related
tc, various services, deliveries and pick-ups as well as a
plunnc:d day care center which may at some point iced to reach
bry0nd the project for economic usage.
• Tl.c- physical charactt•ristic s of the subject site require that
-� single point of ingress/egress be located on, Fred Waring
Lri\because its northern line backs up to the hnitt-ater
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MINUTES
REGULAR PALM DESERT ' -rY COUNCIL MEETING MARCH 12, 1992
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EXHIBIT "B"
Storm Channel. The project plans call for a single
ingress/egress point to handle the flow for 161 family units
with both parents working, school age children density, a day
care center and the various daily service pick-ups and
deliveries to the project.
• In answer to questioning by Planning Commissioners, the
planning staff disclosed that the subject site is scheduled to
be purchased for a price of $130,000 per acre for this
affordable housing project. Even disregarding the source of
funds question at this stage, there simply must be numerous
other alternative sites available which are more economically
suited for a project of this purpose.
• Other concerns which arise include provisions for parking,
future maintenance and upkeep considerations, and
environmental consideration of noise, sewer and utility
capacities.
We wish to point out that the Desert Horizons Homeowners' are not
adverse to the community affordable housing needs. We understand
those needs and have supported the efforts of our City in this
area. We have also followed closely the efforts of the Coachella
Valley Association of Governments (CVAG) to work as a unit to
address this issue.
We sincerely hope that when the Council considers the full
cumulative impact of the various characteristics pointed out above,
applicable to the proposed Las Brisas project on Fred Waring Drive,
it too will support the judgment of its Planning Commission in
denying the application for this project at this site location.
Respectfull
Milton R. Lewils
President
CC: Palm Desert Planning Commissioners
Desert Horizons, Inc.
Fred Waring Place Homeowners Association
Los Lagos Homeowners Association
City of Indian Wells
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