HomeMy WebLinkAbout1987-08-13MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, AUGUST 13, 1987
CIVIC CENTER COUNCIL CHAMBER
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I. CALL TO ORDER
Manor Kelly convened the meeting at 4 p.m.
11. PLEDGE OF ALLEGIANCE - Councilman Buford Crites
III. INVOCATION - Manor Richard 5. Kelly
IV. ROLL CALL
Present:
Mavor Pro-Tempore Jean M. Benson
Councilman Buford Crites
Councilman Walter H. Snyder
Councilman S. Rov Wilson
Mayor Richard 5. Kelly
Also Present:
Bruce A. Altman. City Manager
Carlos L. Ortega. Assistant City Manager
Douglas Phillips. Deputy City Attorney
Sheila R. Gilligan. City Clerk
Richard J. Folkers. Director of Public Works
Ramon A. Diaz. Director of Community Services
Kirby J. Warner. Director of General Services
Frank Allen. Director of Code Compliance
V. CONSENT CALENDAR
A. MINUTES of the Adjourned City Council Meeting of Juiv
1987. and the Regular City Council Meeting of July
1987.
Rec: Approve as oresented.
B. CLAIMS AND DEMANDS AGAINST THE CITY_ TREASURY -
Nos. WR0621. WRO623.WK0704. and WR0707.
Rec: Approve as presented.
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C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Jack 0. Wise
for 74-450 Palm Desert Drive, Palm Desert.
Rec: Receive and file.
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by H. F. of
Palm Desert. Inc. for Hickory Farms, 72-840 Highway 111,
Palm Desert. California.
Rec: Refer to staff for processing of Conditional Use
Permit.
E. REQUEST FOR REFUND of Plan Check Fees by Ross Stout for
48-701 Shady View Drive, Palm Desert.
Rec: By Minute Motion. direct staff to issue an 80%
refund on MR3491 dated May 4, 1987, in the
amount of $508.56.
F. REQUEST FOR REFUND of Building Permit Fees by
for 44-780 San Clemente Circle, Palm Desert.
Rec:
Dave Devorak
By Minute Motion, direct staff to issue a refund
of Building Permit No. RB11259 in the amount of
$774.80.
G. REOUEST FOR REFUND of Building Permit Fees by S&S
Construction for 73-451 Willow Street, Palm Desert.
Rec:
By Minute Motion. direct staff to issue a refund
of Building Permit No. RB 11297 in the amount of
$1,806.30.
H. RESOLUTION NO. 87-77 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS
FINDINGS AND AUTHORIZING THE DESTRUCTION OF FILES FROM THE
DEPARTMENT OF BUILDING AND SAFETY THAT HAVE BEEN
MICROFILMED.
Rec: Waive further reading and adopt.
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REOUEST FOR SUPPORT of SB 181. The California Linrar.,
Construction & Renovation Bond Act of 1988.
Rec:
By Minute Motion. direct staff to prepare 3
letter of support for the Mayor's signature.
J. REOUEST FOR APPROVAL of the Imposition of an Assessment
Parcel Information Fee.
Rec:
By Minute Motion. authorize the imposition of a
$ 1 5. 00 fee for Assessment Parcel payoff
information.
K. REQUEST BY JACK EDWARDS FOR SUPPORT of a Consumer Service
Program for the Coachella Valley.
Rec: Refer to staff for report and recommendation.
L. LETTER FROM SUPERVISOR PATRICIA LARSON Regarding the
Citv's Position on the Andreas Cove Project.
Rec: Receive and file.
M. REQUEST FOR AUTHORIZATION to Advertise and Call for Hies
for Modification of Traffic Signal at Hianwav 74 and r;
Paseo (Contract No. 00-2341.
Rec:
By Minute Motion. authorize the City Clerk to
advertise and call for bids for the modifiratior
and conversion of the traffic signal a'7 the
intersection of State Hiahwav 74 and El Paseo t-
provide for dedicated left -turn phases.
N. REQUEST FOR AUTHORIZATION to Advertise and Call fc)r Bi
for the Purchase of Broom-Tvoe Street Sweeper.
Rec:
By Minute Motion. authorize the City C'PrK
advertise and call For hid for the Duurrnast.
a main oroom type street sweeper.
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0. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids
for the Landscape and Irrigation Construction for the Fred
Waring Drive. Monterey Avenue. and Magnesia Falls Drive
Medians (Contract No. 00-235).
Rec:
By Minute Motion. authorize the City Clerk to
advertise and call for bids for the irrigation
and landscape construction of said medians.
P. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids
for the Kelly Ordinance Widening of the North Side of
Country Club Drive (Contract No. 00-236).
Rec:
By Minute Motion. authorize the City Clerk to
advertise and call for bids for the construction
of an additional lane of travel for westbound
traffic on Country Club Drive between Cook
Street and Portola Avenue.
Q. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids
for the Curb and Gutter and Cross Gutter Repair Program
(Contract No. 00-•2 T).
AC1+-
Rec: By Minute Motion, authorize the City Clerk to
advertise and call for bids for the Curb and
Gutter and Cross Gutter Repair Program.
R. REQUEST FOR AWARD OF CONTRACT NO. 00-233 - NSAD Phase II•,
Hovley Lane and Sagewood for Design Engineering.
Rec:
By Minute Motion, award Contract No. 00-233 to
Willdan Associates in the amount of $59,500 as
the negotiated quotation amount and authorize a
15% contingency reserve for the contract in the
amount of $8,925.00.
S. LETTER OF RESIGNATION from Mr. Barry White from Civic Arts
Committee.
Rec: Accept resignation with sincere regret.
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T. CIVIC ARTS COMMITTEE REQUEST for Appropriation to Purchase
Portable Shell for Musical Performances.
Rec: By M i nute Motion. approve the request an.-
appropriate an amount not to exceed $3,206 t-7,
cover the purchase and shipping of a
Traveimaster Portable Shell.
Councilman Wilson asked tnat Item "T" be removed for discussion
under the Consent Items Held Over section.
Upon motion by Crites. second by Snyder. the Consent Calendar was
approved as presented. with the exception of Item "T". by unanimous vote
of the Council.
VI. ORAL COMMUNICATIONS - A
MR. WILLIAM BOYCE. Director of Charter Development. noted he
was present to discuss the proposed tour of his company's
facilities when it came un on the agenda.
VII. RESOLUTIONS
None
VIII. ORDINANCES
For Introduction:
None
For Adoption:
A. ORDINANCE NO. 1 0 - AN ORDINANCE Or THE C I TY C' HNC i I_ CIF
THE CITY OF PALM DE�EPT, CALIFORNIA, AMENDING CHAPTFP I.n4
OF THE CODE OF THE _ iTY OF PALM DESERT PELATIN'J To TN.
RIGHT OF THE CITY TO BRING LEGAL ACTION.
Mr. A i tman stated that the ord i n,3nrP had Doe
at the last Counc i i meet i no. that no i nDlir has DPP",
received about i h s i nce introduction. and hp rer(,,mm,Pnne'
adoption.
Upon motion by Snyder. second DV Crites. Ord i nan?e No. ::) i war
adopted by a 4-0-1 vote wito Councilman Wilson Abstaining because of hi
absence durina the meeting at whicn the ordinance had been introducen.
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REGULAR PALM DESERT CITY COUNCIL MEETING
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IX. CONSENT ITEMS HELD OVER
AUGUST 13, 1987
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T. CIVIC ARTS COMMITTEE REQUEST for Appropriation to Purchase
Portable Shell for Musical Performances.
Rec:
By M i nute Motion, approve the request and
appropriate an amount not to exceed $3,206 to
cover the purchase and shipping of a
Travelmaster Portable Shell.
Councilman Wilson said he had removed this item as he was not sure
what was involved or if the City -needed it.
Mayor Kelly responded that it would be used for performances of
musical groups, choral groups, etc. Mrs. Gilligan added that
the Civic Arts Committee intended to schedule more performances
for the Christmas Festival of Music which would be held on El
Paseo. In addition, the Committee felt these acoustical boards
were necessary for better sound direction when performances
were held in the Town Center.
Councilmember Benson said that she felt these panels would be a
good investment to improve the quality of both the Christmas
Festival of Music and the Joanna Hodges Piano Competition
individual performances which had been held at the Town Center
this year.
Councilman Crites moved to approve the request and appropriate an
amount not to exceed $3,206 to cover the purchase and shipping of a
Travelmaster Portable Shell. Councilmember Benson seconded the motion.
The motion carried by unanimous vote of the Council.
X. NEW BUSINESS
A. CONSIDERATION OF A REQUEST BY PALM DESERT DISPOSAL FOR A
RATE INCREASE FOR BOTH RESIDENTIAL AND COMMERCIAL
CUSTOMERS.
Mr. Warner reviewed the staff report and recommendation.
Mayor Kelly asked if the request for a 1 0% increase was
based on the 15% increase in cost of operation and if so,
was that increase just for Palm Desert or for the whole
Valley.
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MR. RAYMOND BURKE. Manager of Palm Desert Disposal. statea
that the format they used for the rate review process
included the company's total operation and was not broken
down into specific cities. He said the City's auditor
looked at the total cost and compared it with the growth
in Palm Desert which produced his 8.87. recommendation.
Councilman Wilson asked why the operating costs were so
much higher than the cost of living. Mr. Burke responded
that not any one factor did it but that labor costs, truck
depreciation and replacement, higher fuel costs, and
higher interest rates all had an impact.
Councilman Crites said that the auditor's report and
recommendation were clear and concise and in view of the
fact that the City had a franchise agreement with this
firm laying the ground rules for rate increases. he felt
the Council had no choice but to follow those guidelines
and approve the increase.
Councilman Crites moved to waive further reading and adopt
Resolution No. 87-78. granting Palm Desert Disposal an across-the-board
increase of 8.8% in refuse rates for both residential and commercial
customers. Councilmember Benson seconded the motion. Motion carried by
a 4-1 vote of the Council with Mayor Kelly voting NO in that he has
experienced bad service with the office staff of Palm Desert Disposal and
was still having problems in getting his trash picked up.
B. CON5IDERATION OF AN INVITATION 8Y CHARTER MEDICAL TO TOUP
ITS FACILITY IN CORONA.
Mayor Ke l i v said that while he would like to see to i s
facility. he could not iustifv at least the half day it
would take to get there. see it. and travel hack. He said
it was difficult to coordinate each Councilmember's
schedule to aet such a trio scheduled as well.
Councilman Crites suggested that if an individual
Councilman wanted to see it. then he/she should make the
arrangement through Mr. Diaz to do so. Mr. Boyce o"7
Charter Development said he would be happy to accommodare
individual schedules.
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C. CONSIDERATION OF POSSIBLE AMENDMENTS TO DEVELOPMENT
STANDARDS IN THE R-2 AND R-3 ZONES. ZOA 87-1.
Mr. Diaz reviewed the report and recommendation.
Councilman Crites referred to the Planning Commission
minutes included in the staff report and said he hoped
that the statement made by a Commissioner that seemed to
imply that a recent Supreme Court decision had lessened
the C i ty' s ability to deal with the issues was not the
stance staff or the Commission would be taking inasmuch as
he felt the decision had little impact on Palm Desert.
Mr. Diaz assured him that it was not affecting the stance
of either staff or the Commission in these matters.
Councilman Crites asked about the conditions imposed on
this as they related to garage doors and landscaping, and
Mr. Diaz assured him that they were being implemented as
part of the Precise Plan review process.
Councilman Wilson moved to receive the report and take no further
action. Councilman Snyder seconded the motion, and the motion carried by
unanimous vote of the Council.
D. REQUEST FOR WAIVER OF DRAINAGE FEES AND OFF -SITE
IMPROVEMENT REQUIREMENTS FOR TENTATIVE PARCEL MAP NO. 2862
LOCATED ON THE EAST SIDE OF STATE HIGHWAY 74 BETWEEN
PORTOLA AVENUE AND THE SOUTHERLY CITY LIMITS. (Continued
from the meeting of July 23, 1987 - Ron B i rtcher,
Applicant)
Mayor Kelly noted that a letter had been received from Mr.
Sandy Baum, representative of the applicant, which
requested a continuance to the next meeting.
Upon motion by Wilson. second by Crites, the item was continued
to the meeting of August 27, 1987, by unanimous vote.
E. INFORMATIONAL ITEMS:
1. PP 87-14 RAY AL Office Project North Side Fred Waring
Drive Between Adonis Drive and Acacia Drive.
Mr. Diaz reported that when this project had recieved
its approval, it had received quite a bit of
criticism as it related to the project's elevations.
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While the developer had not been asked to revise
upgrade them. he had done so on his own after
listening to the comments made about the original
design. Mr. Diaz reviewed the new elevations whirr,
had improved landscaping as well. He noted that the
new landscaping was to accent the development. not
hide it as had been the original case.
Councilman Wilson moved to direct staff to send a letter of
appreciation to the developer commending him on his new design.
Councilman Crites seconded the motion. and the motion carried by
unanimous vote.
XI. CONTINUED BUSINESS
None
XII. OLD BUSINESS
None
XIII. REPORTS AND REMARKS
A. CITY MANAGER
Councilman Crites moved to add consideration of Assembly Bill 183�
to the aaenaa as it had come up after the posting of the agenda.
Councilman Wilson seconded the motion. and it carried by unanimous vote.
Mr. Altman said he had been contacted by the City of Farm
Sor i ngs that day about A8 1839 dealing- with a pr000sPd
bullet train from southern California to Las Vegas. HP
said the concerns being raised were that it would bvo,3
the Coachel la Valley and tnereforP have a potentially
negative impact On our tourism business. HP said tnat
agency Groosed to ooerate the rrain would be doina sc. nn
its own and would have the 3bii;tv to incur debt.
C':unci lman Wilson said he didn't think the City or ^.a
Valley for that matter was comoerina For the same tvoe
tourist business and therefore saw this as no threat.
was not in Favor of taking any action on the item.
Councilman Crites said that being opposed smacked of pia -
fashioned provincialism and would have no affect anyway.
Council took no action on this item.
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B. CITY ATTORNEY
None
C. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Request from Councilman Snyder for Consideration
of Ordinance Relative to Repaving of Streets
Following Construction.
Councilman Snyder said he was tired of the City
expending money to improve streets just to have
developers and utility companies come in, tear
them up, and leave them in a bad state of
disrepair. He asked that staff be directed to
prepare an ordinance that would force all of
them to put the street back to an as -was
condition, even if it meant replacing a goodly
portion of the paving.
Mr. Folkers said this type of legislation would
give staff the necessary tool to get developers
and utility companies to do just what Councilman
Snyder was asking and would, in fact, be a
helpful tool for staff in enforcing street
repair in these cases.
Councilman Snyder moved to direct staff to prepare an ordinance
outlining these provisions for presentation to the City Council at a
future meeting. Councilman Wilson seconded the motion, and the motion
carried by unanimous vote.
o City Council Committee Reports:
Mayor Kelly asked where the subcommittee was in
scheduling interviews for the numerous appointments
that would be made in September. Councilmember
Benson said that the City had received numerous
applications and suggested a study session be
scheduled for Council to go through them and select
those it wished to interview.
Council agreed to meet in study session at 2 p.m. on Thursday,
August 27, 1987, for this purpose.
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Councilman Crites said he had read in the L. A. Tim s.
about an ordinance the City of Los Angeles had adontecf
that would in essence Protect an individual who came
forward and pointed out fraud against the City. He askec
the City Attorney to look into it to see whether or not
this was something the City of Palm Desert should
investigate.
Councilman Crites also asked that the City Manager give
Council a written report as to what was or was not
happening with regards to its health insurance carrier.
Pacific Care. He said he had had several complaints and
felt that the carrier was neglecting its obligations to
its subscribers. If that was the case, what impact was it
having on the City of Palm Desert.
XIV. ORAL COMMUNICATIONS - 8
None
RECESS
Councilman Crites moved to adjourn to Closed Session in accordance
with Section 54956.9(a) for the purpose of discussing pending litigation.
Councilman Wilson seconded the motion. and the motion carried by
unanimous vote. Mayor Kelly adjourned to Closed Session at 5 P.M. He
reconvened at 6:05 p.m. and immediately recessed to dinner with no action
announced.
Manor Kelly reconvened the meeting at 7:00 p.m.
XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
None
XVI. ORAL COMMUNICATIONS - C
MP. LARRY GROTBECK of Roberge's Jewelers addressed Councii
behalf of Mr. Warren Hickey relative to the median 517-in
liahtina program on El Paseo for Christmas. He said in May M.
John Wohimuth of the Public Works Department had aareea
writing that the City would provide electrical outlets on the
medians and that the El Paseo merchants would put up jichr=..
'ubsenuent to that aareement. they were advised that instead
being able to hook up to the low voltage outlets, it w=
necessary to install higher voltage eauipment at an estimated
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cost of $20,000 or more, and the City would not be able to do
this. He said the merchants were disappointed and concerned
because they had planned a large Christmas program and felt
they had a good faith commitment on the part of the City. He
said he would be happy to work with staff to resolve this
Problem.
Mr. Folkers stated he would not be able to attend the Council
meeting of August 27th and stated he would have a staff report
ready for the September 10 meeting. Council concurred.
XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION of Radar Unit to Palm Desert Police
Department.
On behalf of the entire City Council, Mayor Kelly
presented the Radar Unit to the Palm Desert Police
Department. He stated it was a pleasure to present this
because Palm Desert is located in the center of the
Coachella Valley, and 80-90% of the traffic goes through
our city. Lt. Jake Bowser and Sgt. Stan Sniff accepted
the unit on behalf of the Police Department.
XVIII. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT AND
CHANGE OF ZONE CREATING THE EL PASEO PEDESTRIAN COMMERCIAL
OVERLAY ZONE.
Mr. Diaz reviewed the staff report and recommended that
Ordinance No. 511 be passed to second reading creating the
El Paseo Pedestrian Commercial Overlay Zone.
Mayor Kelly declared the public hearing open and invited
testimony in FAVOR of or OPPOSED to this request.
MR. SANDY BAUM, 45-800 Deep Canyon, stated that there were
very few vacant lots on El Paseo and asked what would
happen after they were developed. He said the original
intent was to create a pedestrian friendly as opposed to
vehicle friendly street.
Mayor Kelly responded that it was not possible to know at
this time what the next step would be.
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Mayor Kelly declared the public hearing closed.
Councilman Snyder moved to waive further reading and pass
Ordinance No. 511 to second reading. Motion was seconded by Crites and
carried by unanimous vote of the Council.
B. CONSIDERATION OF A REQUEST FOR APPROVAL OF A NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT AND A 29-RESIDENTIAL
LOT TENTATIVE TRACT MAP AND ASSOCIATED HILLSIDE
DEVELOPMENT PLAN FOR 66 ACRES LOCATED WEST OF THE PALM
VALLEY STORM CHANNEL. (Called Up on July 23, 1987, by
Mayor Pro-Tempore Jean Benson for City Council Review.)
Mr. Phill Drell. Associate Planner. reviewed the staff
report and the history of this project, noting that it was
the second phase of a 58-lot subdivision.
Mayor Kelly declared the public hearing open and invited
testimony in FAVOR of this request.
MR. G. GEORGE FOX, 1512 Jarvis. Chicago. illinoi. spoke as
the applicant and read a prepared statement (attached
hereto and made a part hereof as Exhibit "A"). He said
the construction of these 29 units would be covered by
Covenants. Conditions, and Restrictions (CC&R's).
MR. MORRIS SALES spoke as one of the design engineers for
this project and stated the project met the specific
technical and aesthetic requirements and was approved by
the Planning Department. He added that every effort wouio
he made to retain the native vegetation in landscaping.
MR. DON HOGANCAMP spoke as another design engineer and
thanked Mr. Drell for his presentation of the proiect. .1
explained the artist renderings and the model of the area.
including the building pads and site elevations.
MR. MIKE BUCCINO spoke as the landscape architect any::
stated that all materials existing on -site would ne o,r
back into any cut and fill areas and that a minimum amount
of natural vegetation would he disturbed. He sairi rn�
proiect would blend in as much as possible. leaving the
mountain untouched. and •any greenery would be kept in .9r
oasis -type setting, inside tne living environment. r�
added that tne asphalt used for the road would be broom^
instead of black. and the curbing would be beige instea.-
of gray.
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MR. ALLEN PERRIER, 192 San Remo, Palm Desert. spoke on
behalf of Mr. Fox and stated that his client had made a
good faith effort to comply with the requirements of the
Hillside Ordinance. He said he felt this was a wonderful
project for the City and that Fox Canyon was unique. He
offered to answer any questions.
Mayor Kelly invited testimony in OPPOSITION to this request,
and none was offered.
Council Comments/Questions:
Benson: Stated she had called up the project for Council
review and that the original development agreement stated that
if the developer could show the ability to develop the parcels
in accordance with the hillside ordinance, the Council would
consider up to 29 additional lots on the overall acreage. She
said it had been two years since the development agreement had
been approved, and no building had yet occurred on the lower
level to show how development would affect the hillside and how
it would be landscaped.
Crites: Expressed admiration for the landscape concept in
terms of keeping the greenery in an oasis -type setting and the
fact that several of the lots were tucked into the back side of
the slopes. Said the intent of the ordinance was to
concentrate development on the lower scopes, which would
minimize the amount of road building that would occur and keep
the home sites off the highly visible locations. Mainly
concerned with the placement of lots 27 and 28, which were
located on top of the ridge lines and felt they could be
designed better.
Wilson: Stated that although the hillside ordinance had been
approved, he had a definite bias towards any development on the
hillsides. Added that with the exception of lots 27 and 28, he
felt the developer had lived up to the intent of the ordinance,
to make development blend in as much as possible. Impressed
with the site elevations and landscape themes and found very
little to disapprove of in the project.
Snyder: Agreed with Wilson and stated he was also against
hillside development in general. However, felt the developer
had complied with the ordinance, and he would have a difficult
time denying this project.
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Kelly: Also concerned with lots 27 and 28. Mr. Perrier stated
that Council could mitigate concerns about lots 27 and 28 by
requiring screening or further outcroppings. etc. on tne
individual lots and that the locations shown on the plats was
not an absolute must as to the pad locations. Mayor Kelly
added that the location of the pads had a lot to do with the
Council's approval of the project.
Crites: Will the Council be able to move the pad sites in the
future? Mr. Perrier responded that if the Council wished. it
could make that a condition for the individual lots involved.
Crites stated that although most of the lots were of no concern
because they were tucked away. he was concerned with the ones
that would be visible from the valley floor, such as ##11.
Mr. Altman recommended that this matter be continued to the
next meeting and that a subcommittee be appointed consisting of
two Councilmembers, Mr. Diaz, Mr. Drell, the City Attorney, the
applicant, and his people to look at the troublesome lots and
resolve the problems before Council takes any action.
Mayor Kelly called a short recess at 8:43 p.m. and reconvened the
meeting at 8:50 p.m.
Mr. Fox and Mr, Perrier stated that although they would not
agree to a continuance of this matter. they were willing to
accept an added condition of approval with respect to placement
of the building pads on lots 27 and 28.
Counc i l member Benson stated she would also like to have lot3
11. 14. 15. and 16 included in that condition of approval.
Mr. Phillips suaoested th•3t tne condition indicate that the Dan
location would have to he determined at the time the developer
or owner comes to the City to build a nouse on the Inc
Mr. Diaz stated the condition would read: "Baseo on
presentation by the anoiirant, the final bui'dina pad locations
for lots 1 1 . 1 4 . 15. 16. 27. and 28 of tentative tr3cr mad
19503 shall he Bete -mined at tne time of realjesr for
development of said lots. This condition sha11 he recordPc
with the final msn."
Councilman Crites stared ne was concerned with ether !or 27 n-
28 being so sma l l that the Counc i l was creat i na a P i tuat i )-
wnere the pad co:Jla only be placed at the location shown on the
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model. The ena neer responded that there was room for the pad
to be moved to the reverse side of the lot.
Mr. Phillips clarified that the only thing being changed with
respect to lots 11. 14, 15. 16. 27. and 28 was the location of
the building pads and that all other conditions attached to the
tentative map would remain the same. Council agreed.
Councilman Wilson stated he felt comfortable with the proiect
and felt Mr. Fox should be commended for having the "patience
of Job" over the past several years. He said if the City was
going to have development in these hills. this project was the
most desirable to have, and he would support approval of the
projects with the added condition for those six lots discussed.
Councilman Wilson moved to waive further reading and adopt
Resolution No. 87-79, approving a Negative Declaration of Environmental
Impact and TT 19503, subject to conditions, amended to add the condition
stated by Mr. Diaz. Motion was seconded by Snyder and carried by
unanimous vote of the Council.
Mayor Kelly declared the public hearing closed.
XIX. ORAL COMMUNICATIONS - D
None
XX. ADJOURNMENT
Upon motion by Crites, second by Snyder, and unanimous vote of
the City Council, Mayor Kelly adjourned the meeting at 9:08 P.M.
ATTEST:
SHEILA R. G LIGAN, CIT.4 CLERK
CITY OF PALM DESERT.'�'ALIFORNIA
16
RIC�ARD S. KELLY. MAYOR
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 13. 1987
• • • • • • • • • • • • • • • • • • • • • • • • •
EXHIBIT "A"
, )1 iteAslikiS
Foz'Canyon is the most advantageously located residential parcel
of real estate in the City of Palm Desert. the leading community
in the Coachella Valley. Palm Desert has displaced Palm Springs
as the focal point of social and economic activity in the cove
communities.
S ACLL
This 100 parcel is located but 2.000 feet from the world famous
Palm Desert Town Center and is enclosed by natural barriers on
the west and the storm channel on the east. The entrance is
along the storm channel on the south and north.
Fox Canyon is in reality a box Canyon. screened from view by an
escarpment.
Construction is governed by a code. covenant and restriction
agreement devised by the owner/developer which assures maximum
protection against frivolous design.and shoddy construction.
On January 10. 1985 this City Council after a series of meetings
between the city attorney and the attorney for Fox Canyon. voted
unanimously to enter into a Development Agreement.
This Agreement called for performance by both the city and the
developer and in a series of meetings which took place between
December 20. 1986 and July 13. 1987 - actually 10 conferences.
all objections. questions and miscellaneous items were overcome.
answered and resolved. The City Planning Staff. the City
Engineer. the City Fire Marshall and whomever else wished to
enter the meeting area. were in attendance and did diligence for
the good of the City and our community.
17
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 13, 1987
EXHIBIT "A"
(state meeting dates)
Exhibits were prepared in addition to the exhibits and technical
data furnished to the City over the last 9 years. As a example.
the exhibits in front of you now, including a new 25' square
model of the tract. represent in 'developer's time, engineering.
landscape and architectual fees. a total of $50.000.00. That ■sy
see■ like a large sum of money and it is. but it is less than lox
of the funds accrued or paid over the last 9 years on the
development of Fox Canyon. Over $900,000.00 has been accrued and
paid.
The City of Palm Desert Planning Commission has acknowledged in
its July 21. 1987 report that the owner/developer of Fox Canyon
has had 9 years of discussions with the City on this property.
Direct overhead allocations and costs to August 1. 1987 have been
$942.000.00 and include: property taxes; insurance; mortgage
interest: owner/developer's time in Chicago and on site for plan
commission meetings; city council hearings; staff meetings;
conferences with engineers; engineers' fees; conferences with
attorneys; attorneys' fees; conferences with landscape
architects; landscape architects' fees; travel expenses for
Perkins i Will's staff and owner/developer; office rent;
utilities: secretaries' time; photocopy expense; office equipment
expense; mailroom expense; telephone; printing; market studies;
financial studies; application fees to the City of Palm Desert;
engineering fees to the Coachella Valley Water District; special
fees; environmental base line study; site analysis; solar
orientation study; slope snaillsis; alternative site analysis;
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
• • • • • • a • • • • • • • • • • • •
EXHIBIT "A"
AUGUST 13, 1987
project analysis report; and overlays. alternative project
analysis report: hotel revenue analysis report; environmental
assessment report; hydrological study; site and landscape plans;
preliminary residential land use program: preliminary road
centerline profile; preliminary cost construction estimate;
exhibits for plan commission and city council hearings; various
preliminary tract maps; various tentative tract maps; rendering
and section planes topographic engineering plans; soil survey;
geographical study; aerial photography; utility plans; grading
plans: preliminary street profiles; concept diagrams; photo
mosaics; photography; transparencies; site development cost
reports; financial analysis report; protypical resort unit
design; interior design concepts; renderings; conferences with
public utility staff; conferences with palm valley channel
engineering staff; drafting of codes; covenants and restrictions;
final tentative tract map on Phase 1; final map for Phase 1;
tentative tract map for phase 2; construction of 25 foot square
scale model and applications to City of Palm Desert along with
numerous revisions of many of the above items.
In addition. Final Engineering was accomplished which included a
revision of the Tentative Subdivision Hap and application. strip
topographic mapping compiled from flown photography for street.
grading and other plan backgrounds; street plan and profile
drawings on a 1"=40' scale; plan cover sheet and detail sheer;
additions to the hydrological study; storm drain plans including
a cover sheet and detail sheet; sewer plan and profile drawings
19
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 13, 1987
• • • • • • • • • • • • • • • • • • • • • • • • 'r
EXHIBIT "A"
at 1"=40' scale to Coachella Valley Water District requirements
cover sheet included: sewage pump station construction drawings
for construction of a facility to serve those Phase II lots
located at South boundry; water plans with a cover sheet and e
detail sheet at 1"=40' scale per Coachella Valley Water District
requirements; pressure boosting and fire flow pumping station
drawings for review by Coachella Valley Water District;
Development Plan backgrounds at 1"=20' prepared for use by the
landscape architect: off -site water plan for adjacent public
roads: plan and detail drawing for water main crossing adjacent
public roads: hydraulic calculations for the water system: design
of inlet structure to existing channel entry: flood hazard
report: structural design and calculations for hydraulic
structures: development site schematic for 58 lots including site
access and grading concept; landscape' architect's working
drawings: specifications and preliminary landscape design with
specifications; entry and roadway; final construction cost
estimates; landscaping plans description; costs of plantings;
color rendering of plantings; all of the above including written
and oral presentations to various city offices. plan commissions.
Dept. of Public Works. and the Fire Marshall.
To illustrate the property in a developed state. there is a
restoration plan. a full color birds -eye view artists rendering
to illustrate • section of the building site including homes and
surrounding landscape areas. along with art work shoving the road
cut and rehabilitation to a natural desert lsndscspe. as well as
a new 25 foot square model shovg building sites on all 58 lots.
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 13, 1987
• • • • • • * • • • • • • • • • • • • • • • • • •
EXHIBIT "A"
The list is not complete. Many millions of dollars will be spent
in our community for offsite improvements. Additional
e ngineering. landscape design. legal fees ■nd a myriad of items
equal in length to what I have just read.
Developing a property is an expensive undertaking and the public
in most cases is not familiar with the demands on physical
Oi
e nergy. talent and finances that. necessary to complete much a
major undertaking.
We are now at the end of the road on the first phase of Fox
Canyon's overall development. The Plan Commission at its public
hearing on July 21. 1987 delved into the matter quite deeply end
voted unanimously for the approval of the tentative map on Phase
II.
May I add that when the Plan Commission chairman called for any
objections to this tentative map. not a single voice was raised
to challenge or object to the tentative map.
What we have is Palm Desert's answer to other desert communities
who have hillside developments allowing luxury homeeitea to be
developed. Without doubt Fox Canyon will be the finest gate
controlled residential community in the desert. Our CCR'■ will
insure proper control of the architecture and the landscaping.
As the developer I shall retain absolute veto power on any design
that fails to meet these high standards.
21
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
AUGUST 13. 1987
• a a e a a a a a e e e a a a • • • • • • • • • •
EXHIBIT "A"
Our engineering staff is the finest in the desert in the area of
hillside development. Morris Sale's talents are well known
throughout the community. Don Bogancamp was the City Engineer for
the Muncipality of Indian Wells and Michael Duceino's work is
respected throughout the area as being creetive and elegant.
My staff and I have therefore performed under the terms of the
Development Agreement dated January 10. 1985 with the City of
Palm Desert. California. 004 /^ -54,e 1' ,:) 4
47 9A v//o c.),..7,
I look forward to the City honoring this Agreement
22
4'hI /
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