HomeMy WebLinkAbout1988-01-14MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JANUARY 14, 1988
CIVIC CENTER COUNCIL CHAMBER
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I. CALL TO ORDER
Mayor Benson convened the meeting at 4:00 p.m.
Il. PLEDGE OF ALLEGIANCE - Councilman Richard S. Kelly
III. INVOCATION - Councilman Walter H. Snyder
IV. ROLL CALL
Present:
Councilman Buford A. Crites
Councilman Richard S. Kelly
Councilman Walter H. Snyder
Mayor Pro-Tempore S. Roy Wilson
Mayor Jean M. Benson
Also Present:
Bruce A. Altman. City Manager
Carlos L. Ortega, Assistant City Manager
David J. Erwin, City Attorney
Sheila R. Gilligan, City Clerk/Public Information Officer
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 Regular City Council Meetings of December
10, 24, and 29. 1987.
Rec: Approve as presented.
B. CLAIMS -AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. WR1110. WR1114. WR1201, WR1204. WR1207, and WR121O.
Rec: Approve as presented.
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PALM DESERT CITY COUNCIL MEETING JANUARY 14. 1986
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C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by The Lakes
Country Club Association for the Lakes Country Club. 171
Old Ranch Road, Palm Desert.
Rec: Receive and file.
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Palm Desert
Arco, 73-986 Highway 111, Palm Desert, California.
Rec: Receive and file.
E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Daniel Paul
Graber for Desert Springs Florist.
Rec: Receive and file.
F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Andreas
California Farms for Andreas California Farms, 74-855
Country Club Drive, 8-8, Palm Desert.
Rec: Receive and refer to the Department of Community
Services for necessary processing.
G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Michael
Joseph Castelli and Andreino DeSantis for Andreino's, 73-
098 Highway 111, Palm Desert.
Rec: Receive and refer to the Department of Community
Services for necessary processing.
H. RESOLUTION NOS. 88-1 AND 88-2 - 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.
I. RESOLUTION NO. 88-3 - 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
FINANCE DEPARTMENT THAT HAVE BEEN MICROFILMED.
Rec: Waive further reading and adopt.
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J-1. REQUEST FOR ACCEPTANCE OF WORK for Contract No. 00-210.
Snow Fence Installation.
Rec:
By Minute Motion, accept the work as complete
and authorize the City Clerk to file a Notice of
Completion for Contract No. 00-210.
J-2. REQUEST FOR ACCEPTANCE OF WORK for Contract No. 00-195.
Traffic Signal Installations - Fred Waring Drive/Phyllis
Jackson Drive and at Monterey Avenue/Clancy Lane.
Rec:
By Minute Motion, accept the work as complete
and authorize the City Clerk to file a Notice of
Completion for Contract No. 00-195.
J-3. REQUEST FOR ACCEPTANCE OF WORK for Contract No. 00-236,
Country Club Drive Widening (North Side) from Portola
Avenue to Cook Street.
Rec:
By Minute Motion. accept the work as complete
and authorize the City Clerk to file a Notice of
Completion for Contract No. 00-236.
K. MINUTES of the Building Board of Appeals and Condemnation
Meeting of October 14, 1987.
Rec: Receive and file.
L. REQUEST FOR WAIVER of Business License Tax Fees.
Rec: By Minute Motion, waive the fees per Section
5.04.300 of the Municipal Code.
M. REQUEST FOR REFUND of Building Permit #11301, Vernon C.
Lenzer, Applicant.
Rec:
By Minute Motion, approve the request and
authorize a refund of $4.686.40 for Building
Permit 411301.
N-I. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No.
00-235, Landscape Installation of Medians on Fred Waring
Drive, Monterey Avenue, and Magnesia Falls Drive in the
Amount of $9.000.
Rec: By Minute Motion. approve Change Order No. 1 of
Contract No. 00-235.
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N-2. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No.
00-195, Traffic Signal Installations at Fred Waring
Drive/Phyllis Jackson Drive and at Monterey Avenue/Clancy
Lane/Avenida Del Sol in the Amount of ($4,003).
Rec: By Minute Motion, approve Change Order No. 1 of
Contract No. 00-195.
N-3. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No.
00-210, Installation of Snow Fence in the Amount of $700.
Rec: By Minute Motion, approve. Change Order No. 1 of
Contract No. 00-210.
N-4. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No.
00-237, El Paseo Christmas Tree Electrical Work.
Rec: By Minute Motion, approve Change Order No. 1 of
Contract No. 00-237.
0. REQUEST FOR APPROVAL of Renewal of Contract No. 00-086-1
with Carl Warren & Co., Liability Claims Administrator.
Rec: By Minute Motion, approve the renewal and
authorize the Mayor to execute same.
P. REQUEST FOR REVIEW AND CONFIRMATION of City Investment
Policy.
Rec:
Waive further reading and adopt Resolution No.
88-4, reaffirming the City of Palm Desert
Investment Policy.
Q. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids
for the Purchase of a One -Ton Crew Cab Flatbed Pickup.
Rec:
By Minute Motion, authorize the City Clerk to
advertise and call for bids for the purchase of
a one -ton crew cab flatbed pickup for the Public
Works Maintenance crew.
R-1. REQUEST FOR AWARD OF CONTRACT No. 60-206, 1987-88 Slurry
Seal Program.
Rec:
By Minute Motion, authorize the Mayor to enter
into a contract with IPS Services, Inc. in the
amount of $92,772.42 and authorize a ten -percent
contingency reserve in the -mount of $9,277.24.
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R-2. REQUEST FOR AWARD OF CONTRACT No. 00-258, Traffic Signal
Installations at Fred Waring Drive and Town Center Way.
Rec:
By Minute Motion, award Contract No. 00-258 to
Signal Maintenance Inc in the amount of
$73,025.00 and authorize a ten -percent
contingency reserve for the contract in the
amount of $7,302.50.
S-1. CLAIM NO. 051 AGAINST THE CITY by Automobile Club of
Southern California on behalf of Alfred & Leslie Cook in
the Amount of $7,421.40.
Rec: By Minute Motion, deny the Claim and instruct
the City Clerk to so advise the Claimant.
S-2. CLAIM NO. 065 AGAINST THE CITY by Southern California
Edison Co. in the Amount of $4,351.32.
Rec: By Minute Motion, deny the Claim and instruct
the City Clerk to so advise the Claimant.
S-3. CLAIM NO. 059 AGAINST THE CITY by Monterey Country Club in
an Undetermined Amount.
Rec: By Minute Motion, deny the Claim and instruct
the City Clerk to so advise the Claimant.
5-4. CLAIM NO. 063 AGAINST THE CITY by Mary Louise Babich in an
Undetermined Amount.
Rec: By Minute Motion, deny the Claim and instruct
the City Clerk to so advise the Claimant.
T. REQUEST FOR EXTENSION OF TIME for Building Permit for Case
No. 315MF, 7-Unit Building at 45-485 Sunset Lane.
Rec: Receive and file per recommendation from the
Director of Building & Safety.
Upon question by Councilman Kelly relative to Item T. Mr. Pat
Conlon, Director of Building & Safety, explained that staff had
administratively approved a 30-day extension of time. He added
that the applicant needed to get the permit by January 28th.
which is when the plan check would expire.
Upon motion by Crites, second by Wilson, and unanimous vote o*
the Council, the Consent Calendar was approved as presented.
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PALM DESERT CITY COUNCIL MEETING
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VI. ORAL COMMUNICATIONS - A
JANUARY 14, 1988
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MS. BETTY ROSS, Norelle Temporary Service, 73-140 Highway 111,
Palm Desert, stated she would like to invite the Council to the
grand opening of this business on February 4th from 4:00 p.m.
to 7:30 p.m.
Mayor Benson stated that the Council was always glad to welcome
new businesses such as this into the community.
VII. RESOLUTIONS
None
VIII. ORDINANCES
For Introduction:
A. ORDINANCE NO. 525 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A CONFLICT
OF INTEREST CODE FOR THE CITY.
Mr. Altman stated that there was a memo in the packets
from the City Attorney who would answer any questions the
Council might have.
Upon question by Wilson, Mr. Erwin stated that the Council
was governed by the State code.
Councilman Crites moved to waive further reading and pass
Ordinance No. 525 to second reading. Motion was seconded by Kelly and
carried by unanimous vote of the Council.
B. ORDINANCE NO. 526 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION
10.36.010 OF THE MUNICIPAL CODE RELATIVE TO THE
ESTABLISHING OF NEW SPEED ZONES.
Mr. Folkers reviewed the staff report.
Councilman Snyder stated he felt the traffic on Portola
was already extremely dangerous,- especially with the
schools. He said people were driving 45 mph when the
speed limit was 35 mph, and increasing it to 40 mph would
only encourage these people to drive 50 mph. He added
that, if anything, he would like to see the speed limit
reduced. He agreed that Mesa View needed to have a posted
limit but dfd not agree it should be 45 mph.
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Councilman Kelly agreed and said he did not believe speed
limits should be increased just because everyone is
driving faster. He said he felt both Mesa View and
Portola should have posted speed limits of 35 mph.
Mr. Folkers stated that the intent of the ordinance and
speed studies was to implement speed limits which are
reasonable and allow the Sheriff's Department to go to
court and defend. He said that if a speed limit is posted
which is lower than what is warranted, it could be
challenged in the courts. He added he would have no
problems in studying Portola Avenue again but felt it
would be better to have a 45 mph speed limit posted on
Mesa View than to have nothing posted at all. He stated
that he would recommend referring the matter back to staff
for additional review and study of these two locations,
with a report to the Council as rapidly as possible.
Councilman Snyder asked that staff also be sure to look
into other factors such as number of curb cuts, accidents
which have occurred, schools, etc.
Councilman Kelly stated that he understood the warrants,
that it would not be against the law for the Council to
decide not to abide by those warrants, and that he wanted
the traffic slowed down.
Councilman Snyder moved to continue this matter to the meeting
of February 25th. Motion was seconded by Wilson and carried by unanimous
vote of the Council.
For Adoption:
A. ORDINANCE NO. 519 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, REGULATING THE
PARKING OF TRUCKS AND RECREATIONAL VEHICLES.
Mayor Benson stated that, although this was not a public
hearing, there were several people who wished to speak on
this issue. The following were opposed to the ordinance
for the following reasons: decreased property values;
aesthetics: high theft problem in commercial storage lots:
these vehicles are utilized to provide emergency water;
the ordinance is too restrictive and includes pickups with
camper shells and four-wheel drive vehicles; owners cannot
"totally screen" their vehicles when they are only allowed
to have a six-foot high fence; screening the vehicles
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would not beautify the City; the ordinance takes away
citizens' property rights and is unconstitutional;
commercial parking areas unreasonable because the engines
for recreational vehicles need to be run, batteries need
to be charged, and water needs to be changed regularly;
and allowing no more than six permits during any one
calendar year is too restrictive:
MR. CHARLES SHELTON, 73-110 Grapevine.
MR. BOB KIENEL, 44-493 San Juan.
MR. DONALD THOMPSON, 74-090 DeAnza Way, stated that the
Planning Commission had indicated it would establish a
citizens' committee to look into how many complaints had
been received, where they were coming from, etc.
MR. TOM HOLLOWAY, 73-026 Guadalupe.
MR. BRUCE RAYMOND, 74-200 Fairway.
MRS. MARGARET TOWNSEND, 73-150 Guadalupe.
MR. WILLIAM TENNISON read a letter signed by Mr. Howard
Rutan, President of the Palm Desert Property Owners
Association (on file and of record in the City Clerk's
Office) in support of the proposed ordinance.
Councilman Crites stated that he felt some of the
questions raised were legitimate issues, such as what
constitutes a recreational vehicle. However, he did not
feel there was a constitutional problem with the
ordinance. He said the removal of RV's from public
streets did not seem to be a problem; however, some
property owners, because of the size of their lots, would
not be able to comply with the terms of the ordinance.
Councilman Kelly stated he understood the problems created
for some people because of particular pieces of property.
However, he felt that having these vehicles parked on
public streets deteriorates property values.
Councilman Snyder stated that staff, Planning Commission,
and Council had spent approximately two years on this
ordinance and tried to take into consideration all of
these concerns. He felt RV's are detrimental to the
streets and houses in the City.
Mayor Pro-Tem Wilson stated that he would like to: 1) See
an ordinance adopted addressing parking on public streets;
and 2) Establish a committee of concerned citizens and
recreational vehicle owners to look into this matter and
find a compromise for both groups of citizens.
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PALM DESERT CITY COUNCIL MEETING JANUARY 14, 1988
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Mayor Benson expressed concern about regulating pickups
with camper shells when they are used as the primary means
of transportation. She agreed with Wilson that the issue
of parking RV's on public streets should be dealt with
first.
Councilman Crites moved to separate that portion of the
ordinance which dealt with RV's parking on public streets, holding in
abeyance those portions dealing with private yards, the establishment of
citizens' committee, and the removal of the wording which dealt with
camper shells on pickup trucks. Motion was seconded by Wilson.
Mr. Erwin asked that the Council not adopt the ordinance
as amended at this time but rather continue second reading
to the next meeting in order to give him time to prepare
the ordinance with the correct wording.
Councilman Crites withdrew his motion, and Wilson withdrew his
second.
Councilman Crites moved to continue second reading of Ordinance
No. 519 to the meeting of January 28th. Motion was seconded by Wilson
and carried by unanimous vote of the Council.
IX. CONSENT ITEMS HELD OVER
None
X. NEW BUSINESS
A. CONSIDERATION OF AN ORDINANCE PROVIDING REGULATIONS FOR
THE PRESERVATION OF HERITAGE TREES.
Councilman Crites suggested that staff look into the Simi
Valley ordinance as it dealt with "mature trees" and try
to pattern ours after that.
Upon question by Kelly, Mr. Diaz responded that it would
take staff approximately four to six hours to prepare an
ordinance for Council's review.
Councilman Wilson stated that he felt this ordinance would
enhance the ability to prevent what had recently happened
on Highway 74 where a very large, beautiful tree was
removed.
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Councilman Crites agreed that it would be a good idea to
have such an ordinance.
Councilman Kelly stated when a demolition permit is
issued, a condition could be included preventing removal
or destruction of heritage trees.
Councilman Crites moved to. by Minute Motion, instruct staff to
prepare for Council consideration an ordinance providing regulations for
the preservation of heritage trees. Motion was seconded by Wilson and
carried by a 3-2 vote, with Councilmen Kelly and Snyder voting NO.
B. CONSIDERATION OF COLOR CONTROL ON REPAINTING OF COMMERCIAL
AND RESIDENTIAL STRUCTURES IN THE CITY.
Mr. Diaz reviewed the staff report, noting that this would
not apply to single-family residential areas outside of
hillside areas in the City.
Mayor Pro-Tem Wilson stated he agreed with staff
recommendation #1 but felt in recommendation #2 that homes
in hillside areas should be required to blend in with the
existing area.
Councilman Crites suggested amending recommendation #2 to
read as follows: "In the Hillside Planned Residential
zones homes must blend closely with surrounding primary
terrain color, to be approved by the Architectural Review
Commission".
Councilman Wilson moved to, by Minute Motion, direct staff to
prepare ordinance amendments to: 1) Require that in the City's
commercial zones any change in color must be approved by the
Architectural Review Commission; and 2) In the Hillside Planned
Residential zones, homes must blend closely with surrounding primary
terrain color, to be approved by the Architectural Review Commission.
Motion was seconded by Crites and carried by unanimous vote.
C. REQUEST FOR APPROVAL OF PORTOLA AVENUE PARKING STUDY.
Mr. Folkers reviewed the staff report, noting that a
petition had been received from residents requesting that
Portola Avenue be redesignated for limited parking. He
said that a study had been performed which resulted in
staff's recommendation that the parking be removed.
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JANUARY 14, 1988
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Councilman Snyder complimented staff on the study and
stated that a good job had been done to determine which
areas should and should not have parking.
Councilman Snyder moved to, by Minute Motion: 1) Retain the
two-way left turn lane; and 2) Remove parking as designated by staff.
Motion was seconded by Kelly and carried by unanimous vote.
D. PRESIDENTS' PLAZA EAST PARKING - 1)STAFF REPORT FROM
DEPARTMENT OF COMMUNITY DEVELOPMENT AND 2) LETTER FROM
GEORGE J. RITTER.
Mr. Diaz reviewed the staff report, noting that complaints
had been received from merchants in the Presidents' Plaza
East relative to parking problems, which had intensified
with the opening of the Elephant Bar restaurant.
Councilman Snyder moved to, by Minute Motion: 1) Direct staff
to prepare necessary ordinances for review and comment at the January 28,
1988, Council Meeting; 2) Establish committee as recommended by staff to
evaluate parking recommendations; and 3) Refer letter from Mr. George
Ritter to the committee. Motion was seconded by Benson and carried by
unanimous vote.
XI. CONTINUED BUSINESS
A. CONSIDERATION OF AN AGREEMENT WITH CABLE AND RYLEE FOR
SENIOR HOUSING DEVELOPMENT.
Mr. Erwin stated that this was a redraft of theproposed
development agreement and that the developer had seen a
copy of it. He reviewed the agreement, noting the
following:
- It would cause the acquisition of property by the
developer.
The property would be developed into 60 senior
housing units.
It would be affordable housing during the entire life
of the project.
- $600,000 would be payable to the developer upon close
of escrow.
- There would be periodic review during the planning
and construction phase of the project to assura
compliance.
Security for the $600,000 at this time is a
promissory note secured by an unrecorded deed of
trust.
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Councilman Crites asked why staff felt not going through
the competitive bidding process for this project was
better than the City's acquiring the property on its own.
Mr. Diaz responded that it was better for the following
reasons: 1) The individual involved has control of the
property; 2) Research indicates the figures he has given
to the City are reasonable; 3) Better from the standpoint
of timing; and 4) The individual took the initiative and
time to put together the project and approach the seniors'
organization and has a good working relationship with the
seniors.
Mayor Pro-Tem Wilson stated that•he would be happy with
this as long as staff and the City Attorney were satisfied
that the City would be getting good protection for its
$600,000 and guaranteeing the rents. He said this was the
type of project the City was looking for.
Mr. Erwin stated that the agreement would protect the City
as far as controlling the rents. However, he would not
say the $600,000 was secure because it was secured by an
unrecorded deed of trust.
Mr. Diaz stated that the issue of security would be looked
into and that staff would bring the final draft of the
agreement back to Council for approval.
Mayor Pro-Tem Wilson moved to, by Minute Motion, grant
conceptual approval and direct staff to resolve remaining issues and
return with a final draft for Council approval, with the primary issue
being the security for the City's $600,000. Motion was seconded by Kelly
and carried by unanimous vote.
B. REQUEST BY FRED W. VE I GA FOR RECONSIDERATION OF A
CONDITION OF APPROVAL FOR PRECISE PLAN 87-9 LOCATED AT 72-
621 SHADOW HILLS ROAD.
Mr. Diaz stated that this was before the Council because
the applicant disagreed with a condition of approval
placed by the Planning Commission in April, 1987, and
reaffirmed by the City Council in May, 1987, relative to
the location of the property wall. He gave a history of
the project, noting that because of Council's concerns
relative to two-story developments, staff was instructed
to do a study. At that time, there were three projects
before the Planning Commission which were two-story
(Precise Plans 87-2 and 87-3 (HSM) and 87-7 (Veiga)), and
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staff recommended that they be continued; however, the
Planning Commission approved them. Councilman Crites, at
the April 9th Council meeting, called up all three
projects for review. The public hearings were held on May
14th, and all three projects were approved. He said there
was no Council discussion, no objections raised relative
to the location of the wall, and the project was approved
by unanimous vote of the Council. He said the reason the
wall was to be placed at that location was to mitigate the
impact on adjoining properties. He added that staff felt
the appropriate time to appeal the conditions had passed
and would recommend that the Council deny it. He noted
for the record that the project was completed and ready to
occupy and that the applicant was requesting approval to
post a cash deposit until this matter is resolved because
this condition cannot be met. He said staff would be
willing to grant that request provided there was some type
of schedule as to when the wall would be contructed,
whether it be five feet away or whatever. In addition,
the adjacent property owner would have to agree to
maintain any landscaping on his side of the wall.
Councilman Kelly asked whether the applicant had been
advised to wait until after approval to request this
change. Mr. Diaz responded that he did not know, but
every applicant has the right to make objections.
Councilman Crites asked if applicants have time after
adoption of the conditions of approval to object. Mr.
Diaz responded that they have 15 days.
MR. BILL ROSSWORN, 41-530 Woodhaven Drive East, Palm
Desert, spoke as one of the applicants and stated the
reason they had not objected was because Mr. Phil Joy of
the Planning Department had advised them at that time not
to say anything in front of the Council due to
cancellation instructions they had received stating that
escrow had to close the next day. He said they were
requesting the following: 1) That Council grant approval
for them to post a cash deposit or bond allowing them to
build the wall when they were able to do so; 2) That Mayor
Benson abstain from voting. He said they felt even though
she did not have financial interest. she would not be able
to vote fairly because the block wall would be against her
unit If it were built; and 3) That they be allowed to
install a wrought iron fence around the pool. the same as
the two projects around this one. He added that If they
were required to construct the wall five feet back from
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the property line, they would still have to pay the taxes
on it while Mr. Russie, the adjacent property owner, would
be able to use that five feet.
Councilman Wilson stated that he had asked that this
matter be continued from the previous meeting so that he
could go out and look at the project. He stated that if
he had lived where Mayor Benson did, he would never have
voted for the project, as it is a classic case of what the
City Council had been attempting not to do --putting in a
monstrous two-story development in a predominantly one-
story neighborhood.. He said the applicant had two
choices: 1) A delay and ask for a lot line adjustment; or
2) mitigate the setback by moving the fence. It was in
the applicant's favor to get it moved, and now he was
criticizing the City for trying to solve his problems. He
said this project was approved, and the Mayor did not need
anyone to defend her. There was no request made by anyone
to relocate that wall. He said as the applicant indicated
in his own testimony, if it were placed right next to a
unit, it would have a negative effect, and that is why the
Mayor was being asked not to vote on It. He concluded his
statements by saying that he had little sympathy with the
applicant not wanting to pay taxes on property he did not
own because everyone in the City who owned property
probably did --for utility easements --and he, himself, paid
taxes on a large easement in his rear yard that he had
never been able to use.
Councilman Crites said he, too, had little sympathy with
the applicant who accepted the approval of the Council at
the time he needed it and months and months later came
back saying "now I have what I want but now I want more".
He moved to, by Minute Motion, deny the request. Motion
was seconded by Wilson and carried by a 4-0-1 vote, with
Mayor Benson ABSTAINING.
Mayor Benson stated that she had not abstained because of
a conflict of Interest. She said she did live next door
and was concerned with the compatibility of this project
to the neighborhood, and this was one developer who had
broken every law the City had. She said workers on the
project were out at the site on Thanksgiving morning at
6:00 a.m. when they should not have been. She added that
she was abstaining in order to please the applicant and
show that she was not taking sides on the issue.
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NOTE: New Business Item C and Section XIII, Reports and Remarks, were
discussed after the Public Hearings Items during the 7:00 p.m.
Portion of the meeting.
C. INFORMATIONAL ITEM:
1. Report on Fred Fern Protect - Reconstruction of
Building at the Corner of Highway 74 and El Paseo.
Mr. Diaz stated that a question had been raised
relative to exactly what had been approved for the
vacation of this corner. He said the agreement was
that the applicant would be allowed to use 20 of the
40 feet, and the remainder would be for landscaping.
He added that the project was 34 feet from the curb,
which had been measured by staff, and that the
parking spaces were 14 feet from the curb. Upon
question by Crites relative to the artwork, Mr. Diaz
stated that the Civic Arts Committee had approved the
general concept of the location of the artwork.
Councilman Crites asked whether the Civic Arts
Committee had been asked its opinion regarding how
much space and what type of artwork would be
necessary prior to approval of the project. Mr. Diaz
responded that it had not.
Mrs. Gilligan stated that the Civic Arts Committee
members had looked at the site and had voted at the
December meeting to advise the Council that there
does not appear to be sufficient space for a work of
art. She added that the applicant, at his request,
had been scheduled to appear before the Civic Arts
Committee on three different dates relative to the
payment of fees in lieu of providing the artwork, and
he had never appeared. His item was, therefore,
removed from the agenda.
MR. JIM FOXX, 73-111 El Paseo, spoke as the applicant
and stated that the Architectural Review Commission
had approved the landscape plan for the project with
an added condition relative to trees along the El
Paseo frontage of the. building. He said he would be
appealing to the City Council, at which time these
other issues could also be discussed.
Councilman Snyder stated that he felt this matter
needed to be continued until the Council had an
15
MINUTES
PALM DESERT CITY COUNCIL MEETING JANUARY 14, 1988
• • • • • • • • • • • • • a •
opportunity to look at the landscape plan. Mr. Diaz
suggested that the Council accommodate Mr. Foxx by
calling up the landscape plan.
Councilman Snyder moved to. by Minute Motion, call up the
landscape plan from the Architectural Review Commission for this project.
Motion was seconded by Crites and carried by unanimous vote of the
Council.
XI1.
XIII.
OLD BUSINESS
None
REPORTS AND REMARKS
A. CITY MANAGER
Mr. Altman stated that staff was getting ready for the
1988/89 budget and suggested meeting at 1:30 p.m. on
January 28th prior to the Council meeting to discuss ideas
the Council might have.
8. CITY ATTORNEY
None
C. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
None
o City Council Committee Reports:
1. Councilman Crites reported that earthquake
preparedness would be the major topic of discussion
at the upcoming Town Hall Meeting and complemented
staff for taking the lead role in helping the
citizens of Palm Desert to be prepared if and when
disaster strikes.
2. Mayor Pro-Tem Wilson requested- that staff prepare a
report for the next meeting relative to maintenance
of the green belt for the Canyon Cove area.
3. Councilman Snyder stated he had been advised that
morning that the public hearing regarding the Coimac
16
MINUTES
PALM DESERT CITY COUNCIL MEETING JANUARY 14, 1988
• • • • • • • • • • • • • • • • • • • • • • • • •
power plant would be held on February llth instead of
February loth as originally set up.
4. Councilman Kelly stated that he would not be able to
attend the February llth Council meeting.
5. Mayor Benson reported that an appreciation luncheon
had been held at Chaparral Country Club on December
18th for members of the Bicentennial Committee
representing Palm Desert, Indian Wells, Indio, Rancho
Mirage, and Coachella. She said there were several
events scheduled for the month of January and added
that the City had been presented a plaque and banner
which would be displayed at the Civic Center.
6. Mayor Benson stated that board members at the
previous evening's Foundation for the Retarded
Installation Dinner had commented on how pleased they
were to be located in Palm Desert.
7. Mayor Benson stated that while she and the City
Manager were at the Living Desert that day, she had
heard several people commenting on what a nice
addition this facility was to the City.
8. Mayor Pro-Tem Wilson reported that the Board of
Supervisors had recommended the sales tax measure for
road improvements be placed on the June ballot, while
the• Riverside County Transportation Commission
recommended that it be set for the November election
instead.
XIV. ORAL COMMUNICATIONS - B
None
Upon motion by Crites, second by Wilson, and unanimous vote of
the Council, Mayor Benson recessed the meeting at 6:15 p.m. for dinner.
She reconvened the meeting at 7:00 p.m.
Councilman Crites moved to hold Section XV of the Agenda until
after the Public Hearings. Motion was seconded by Kelly and carried by
unanimous vote of the Council.
17
MINUTES
PALM DESERT CITY COUNCIL MEETING JANUARY 14, 1988
• • • • • a • • • • • a • • • • • • • • • • • • •
XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
New Business Item C and Section XIII, Reports. and Remarks, were
discussed after the Public Hearing items. Please see those
sections for Council action taken.
XVI. ORAL COMMUNICATIONS - C
MR. JULIUS KNOBLAUCH, a resident of Good Samaritan Village,
addressed the Council relative to a dangerous condition at Cook
Street and Hovley Lane. He said there had been two accidents
in the past six months and that the intersection was
Particularly hazardous for people trying to make left turns.
Mr. Folkers stated that a study had recently been completed and
presented to the Technical Traffic Committee and that a four-
way stop would be installed at that intersection.
XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. CONSIDERATION OF APPOINTMENT TO THE ECONOMIC DEVELOPMENT
COMMITTEE TO FILL VACANCY CREATED BY THE RESIGNATION OF
MR. LARRY SPICER.
Councilman Crites moved to, by Minute Motion, appoint Mr. David
Tschopp, President of First Bank of Palm Desert, to the Economic
Development Committee to fill the vacancy created by the resignation of
Mr. Larry Spicer. Motion was seconded by Wilson and carried by unanimous
vote of the Council.
B. APPOINTMENT OF SEVEN MEMBERS TO THE EL PASEO BUSINESS
IMPROVEMENT AREA BOARD.
Councilman Crites moved to, by Minute Motion: 1) Ratify the
results of the election held in December, 1987; and 2) Appoint the
following members to serve one -to three-year terms to be determined by
the Board: William Powers, Hank Stokes, Diane Cox, Harry Hoyt, Dennis
Becker, Marianne Hodgkins, and Lisa Finne. Motion was seconded by Kelly
and carried by unanimous vote of the Council.
XVIII. PUBLIC HEARINGS
A. REQUEST FOR VACATION OF STREET RIGHT-OF-WAY--SUPERBLOCK I.
Mr. Folkers reviewed the staff report, noting that this
was for the south side of Highway 111 between Lupine and
Larkspur.
18
MINUTES
PALM DESERT CITY COUNCIL MEETING JANUARY 14, 1988
• • • • • • • • • • • • • • • • • • • • • • • • •
Mayor Benson declared the public hearing open and invited
testimony in FAVOR of or OPPOSED to this request. None was
offered. She declared the public hearing closed.
Councilman Crites moved to waive further reading and adopt
Resolution No. 88-5, vacating the right-of-way as shown in its Exhibits
"A" through "F". Motion was seconded by Snyder and carried by unanimous
vote of the Council.
B. REQUEST FOR VACATION OF A PORTION OF STREET RIGHT-OF-WAY
KNOWN AS DRIFTWOOD STREET AND DEEP CANYON ROAD.
Mr. Folkers reviewed the staff report. He said that as a
result of the City's assessment district work along Deep
Canyon and Driftwood Street which had been completed,
there was some excess right-of-way which the property
owner had requested be abandoned by the City. He said
staff's recommendation was that it be vacated and returned
to the property owner.
Mayor Benson declared the public hearing open and Invited
testimony in FAVOR of this request.
MR. VIC VILLENEUVE, Flying Buttress, spoke as the
representative of property owners Fred and Virginia Windt
and offered to answer any questions.
Mayor Benson invited testimony in OPPOSITION to this request,
and none was offered. She declared the public hearing closed.
Mayor Pro-Tem Wilson stated that this was the kind of project
which he would like to see staff videotape and show to the
Council.
Mayor Pro-Tem Wilson moved to waive further reading and adopt
Resolution No. $8-6, vacating the right-of-way as shown in its Exhibits
"A" and "B". Motion was seconded by Snyder and carried by unanimous vote
of the Council.
C. CONSIDERATION OF CHANGES TO THE EL PASEO PARKING AND
BUSINESS IMPROVEMENT AREA CHARGES.
Mr. Ortega reviewed the staff report dated January 4th.
Mayor Benson declared the public hearing open and invite('
testimony in FAVOR of this matter.
19
MINUTES
PALM DESERT CITY COUNCIL MEETING JANUARY 14, 1988
• • • • • • • • • • • • • • • • • • • • • • • • •
MR. BILL WARING, 73-186 Fiddleneck Lane, spoke as the
outgoing El Paseo Business Improvement Area Board Chairman
and read a prepared statement (attached hereto and made a
part hereof as Exhibit "A"). He also submitted four
letters in support of the proposed changes (on file and of
record in the City Clerk's office).
Mayor Benson invited testimony in OPPOSITION to this matter.
DRY. WALTER HAVEKORST, 73-833 El Paseo, read letters of
opposition from several other doctors and stated he felt
that being located on El Paseo was actually a detriment to
his business as far as the parking situation.
Mayor Benson declared the public hearing closed.
Mr. Ortega stated that included in the Council packets
were three letters of support and one in opposition.
Based on that and the testimony received at this meeting,
he said there did not appear to be sufficient enough
protest to the changes to require that the Council not
pass the ordinance to second reading.
Mayor Pro-Tem Wilson moved to waive further reading and pass
Ordinance No. 527 to second reading. Motion was seconded by Crites and
carried by unanimous vote of the Council.
D. REQUEST FOR APPROVAL OF MASSAGIST PERMIT APPLICATIONS.
Mr. Allen reviewed the staff reports dated November 30 and
December 21, 1987, noting that fees had been paid and that
the Sheriff's Department had investigated the
qualifications of the applicants and recommended approval
of the permits.
Mayor Benson declared the public hearing open and invited
testimony in FAVOR of or OPPOSED to this request. None was
offered. She declared the public hearing closed.
Mayor Pro-Tem Wilson expressed concern with the procedure
of having the Council approve permits for individuals and
asked if staff would look into_ the possibility of
obtaining Council approval for the businesses themselves.
He said that most of the applications were for individuals
who would be working at the Marriott, and he felt the
businesses, not the individuals, should be regulated.
Council concurred.
20
MINUTES
PALM DESERT CITY COUNCIL MEETING JANUARY 14, 1988
• • • • • • • • • • • • • • • • • • • • • • • • •
Mayor Pro-Tem Wilson moved to, by Minute Motion, approve the
request and direct staff to issue permits to Doris R. Berahya, Willy E.
Hartford, Ilona G. Helie, Kti Jensen, Patricia M. Klimkiewriz, Edward M.
Krosa, Mark P. Schreibman, Marion M. Turner, Barbara J. Bluhm, Jeannette
T. Ford, and Herbert M. Weeks. Motion was seconded by Benson and carried
by unanimous vote of the Council.
Upon question by Mr. Allen, Mr. Erwin stated that he would
look into whether or not changing the procedure as
requested by Councilman Wilson would require that the
ordinance be amended or if it could be done
administratively.
E. REQUEST FOR APPROVAL OF AN AMENDMENT TO AN APPROVED
DEVELOPMENT AGREEMENT AND ENDORSEMENT OF APPLICATION FOR
LOW INCOME HOUSING TAX CREDITS.
Mr. Diaz reviewed the staff report, noting that the
original approval was for 113 units. He said the
applicant wished to change the project unit mix to include
14 studios, with five of them to be substituted for the
five smaller one bedroom units to meet the 5% very low
income requirement of the senior ordinance.
Mayor Benson declared the public hearing open and invited
testimony in FAVOR of this request.
MR. RON GUILLORY, P.O. Box 1942, Palm Desert, spoke as the
applicant and offered to answer any questions.
Upon question by Mayor Benson relative to how long the
rents would stay at the low level, Mr. Guillory stated
that they would first be under the State program, which
would be for 15 years, and then they would be governed by
the City of Palm Desert development agreement for the
duration of the property.
Mayor Benson invited testimony in OPPOSITION to this request,
and none was offered. She declared the public hearing closed.
Councilman Crites moved to: 1) Waive further reading and pass
Ordinance No. 528 to second reading, approving the amendment to
Development Agreement No. DA 86-5; and 2) By Minute Motion, endorse an
application by Palm Desert Villas for State 8 Federal Low Income Housing
Tax Credits and direct staff to prepare a letter of support to accompany
said application. Motion was seconded by Wilson and carried by unanimous
vote of the Council.
21
MINUTES
PALM DESERT CITY COUNCIL MEETING JANUARY 14, 1988
• • • • • • • • • • • • • • • • • • • • • • • • •
F. CONSIDERATION OF AN AMENDMENT TO THE GENERAL PLAN
CIRCULATION ELEMENT AS IT RELATES TO HOVLEY LANE WEST OF
THE PRESENT CITY BOUNDARY AND INSTITUTING THE CITY'S
GENERAL PLAN, PREZONING THE PROPERTY IN ACCORDANCE WITH
THE CITY'S ZONING ORDINANCE AND A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT AS IT PERTAINS THERETO, TO A PART OF
THE CITY'S EASTERN SPHERE OF INFLUENCE MORE SPECIFICALLY
THE 160 ACRES IN THE SOUTHEAST QUARTER OF SECTION 10 (I.E.
SOUTH OF THE LAKES COUNTRY CLUB AND EAST OF MOUNTAIN VIEW
FALLS).
Mr. Altman stated that staff would be recommending
continuance of this item to the meeting of January 28th.
Mr. Erwin added that this matter had become part of some
discussions with the City of Indian Wells and Sunrise
Company relative to the Sunterra project.
Mayor Benson declared the public hearing open.
Mr. Diaz reviewed the staff report, noting that this was
an amendment to the General Plan and preannexation change
of zone for 160 acres bounded on the north by the Lakes
Country Club, on the west by Mountain View Falls, on the
south by Avenue 42, and on the east by the prolongation of
what would be Eldorado Drive. He said the proposed
actions to be taken by Council would: 1) Result in Hovley
Lane being terminated just west of the present City limit;
2) Establish an alternative street plan to serve the
subject area; 3) Establish a land use plan for the area to
be annexed to the City for low density and high density
residential on the Good Samaritan Village site; and 4)
Prezone the 160 acre area to be annexed to the City in
accordance with the proposed General Plan land use plan.
He noted that since its construction, the Good Samaritan
Village had wished to become part of Palm Desert. He
added that several letters had been received requesting an
opportunity to address the Council on January 28th
relative to this matter. He said staff's recommendation
was that the Council receive testimony at this time and
consider the item to the meeting of January 28th.
Mayor Benson invited testimony in FAVOR of this request, and
the following spoke:
MR. FRANK CLARK, President of the Residents' Council of
Good Samaritan Village, 41-505 Carlotta Drive.
22
MINUTES
PALM DESERT CITY COUNCIL MEETING JANUARY 14, 1988
• • • • • • • • • • • • • • • • • • • • • • • • •
MR. EDWARD ETHEL, 336 Red River, President of The Lakes
Homeowners Association.
MR. DEAN MURTZ, Administrator of Good Samaritan Village.
MR. GEORGE MARZICOLA, Box 47, Palm Desert, submitted a
letter (attached hereto and made a part hereof as Exhibit
8
MR. DON MacEWAN, 298 Tava Lane, expressed opposition to
the use of Hovley Lane as access for the Sunterra
development.
MR. LEO HORWITZ, 318 Tava Lane.
Mayor Benson invited testimony in OPPOSITION to this request.
MR. CHARLES MARTIN, 40-840 Thunderbird Road, Rancho
Mirage, stated that he represented the owner of the Varner
property. He said the County zoning for his client's
property was R-1 12,000, and he wanted the City to extend
a prezoning agreement that the zoning would remain the
same.
Councilman Crites responded that what the City was
offering was more generous.
Mr. Martin expressed concern about Hovley Lane. He said
the City had the responsibility to carry the traffic from
that area by leaving Hovley open and that if each city
continued to do its own thing, the traffic problems would
only become worse. He said that closing Hovley would not
stop the Sunterra guests from coming into the City and
that, in fact, the City should want the Sunterra guests to
boost its economy.
Councilman Crites responded that the City's primary
concern was to develop a circulation pattern for those
people who are part of Palm Desert. He said that from
what he had been told about Sunterra, those guests would
never leave the project, and our roads would only gather
dust, so it did not matter whether Hovley was closed or
not.
A resident of Bermuda Dunes addressed the Council and
stated that from what he could see, the 640 acres from
Country Club to Avenue 42 was in the City of Palm Desert's
sphere of influence. and he asked how the traffic would be
moved. He added that he felt it was time for some of the
cities to work together to alleviate these traffic
problems.
23
MINUTES
PALM DESERT CITY COUNCIL MEETING
* • O. • • IF * • • * • •
JANUARY 14, 1988
• • • • • • • • • • • • •
MR. F. X. McDONALD, JR., 1900 East Ocean Blvd., Long
Beach, objected to the changes being planned for Hovley
Lane and felt the City needed to look to the future in
planning traffic circulation.
Upon motion by Wilson, second by Crites, and unanimous vote of
the Council, this matter was continued to the meeting of January 28th.
XIX. ORAL COMMUNICATIONS - D
None
XX. ADJOURNMENT
Mr. Erwin stated that an item had come up since the Agenda was
posted which he felt should be discussed by the Council in
Closed Session in addition to the items already listed on the
Agenda. He said it was a personnel matter and that it would
take a 4/5ths vote of the Council to be considered.
Councilman Snyder moved to place a personnel matter on the
Agenda to be discussed in Closed Session. Motion was seconded by Kelly
and carried by unanimous vote of the Council.
Mayor Pro-Tem Wilson moved to adjourn to Closed Session at 8:45
p.m. pursuant to Government Code Section 54956.8, Real Property
Transactions, 54956.9 (a) and (b), Pending and Potential Litigation, and
for discussion of a personnel matter, said Closed Session to immediately
follow adjournment of the Redevelopment Agency meeting. Motion was
seconded by Kelly and carried by unanimous vote of the Council.
Upon motion by Benson, second by Crites, and unanimous vote of
the Council, the meeting was adjourned at 11:10 p.m. with no action
announced.
SHEILA R. GIGAN, CI CLERK
CITY OF PALM DESERT, IFORNIA
JET M. BENSON, MAYOR
24
• NMI)
P .13 DESERT . Cl Tr: COUNCIL MEETING
. g _ • a' , a' 4. •. • * * • • • • • • • • • • a • • • •
EXHIBIT
Re. E L Pa43.a0,
JANUARY 14, 1988
My name is Bill Waring, 73186 Fiddleneck Lane. I am the
outgoing co-chairman of the El Paseo Parking and Business
Improvement Area Advisory Committee better known as the El
Paseo Business Association.
Before going further, I want to say thank you to Mayor
Benson, the City Council and staff from our board and
members for your financial assistance withre Christmas
lights and for your approval and support ofOlindow
Decorating contest and our luminaria program, which we
hope will become a tradition and add one more reason to
the many that make Palm Desert such a great place to live.
Our board, which is elected. by our membership each year,
is beginning its 4th year representing approximately 210
businesses. We meet monthly here at the civic center, we
take our offices seriously, put in alot of thought and
hard work, have a great many subcommittees --and because
our scope continues to expand, have Just increased the
Board's size from 7 to 11 members. We publish a
newsletter and all of our members have been encouraged to
attend meetings and participate in our efforts.
It was after many meetings and a very positive general
meeting on oetoher '7rh attended by about 120 members that
the fee increase betor.:i you was recommended. So
overwhelming was the support, that quite a few retail
members wanted to increase their own fees 4 times instead
of the 3 times we have proposed.
We tees that we have rhor'.righly examined El Paseo's
needs, informed and 1iet_ened to our membership and have
even asked for their ..oneerns to be voiced so that we
could revie', our pr%^t.-,ms with them. We have heard so
many positive eommenrs that we expect few if any members
to be against the irr.•reas.e and, therefore, we ask for your
support.
Where once we were c i1 I e,i the El [ ,tseo Merchant'
Association, we have during the p.ist 3 years tried our
best to address the needs of p[.(. businesses en the street
(and aptly changed our name to the El Paseo business
Association some time ago). We are now involved in such
areas as parking, safety. signs, traffic, landscaping,
beautification, special events. and whatever else affects
the welfare and prestige of the street.
Because of the expanded scope of our activities we are
asking you to add to our membership the Proteasic•nal
Businesses not presently included. These 45 or so
businesses added to our 210 members would increase our
number of businesses about 18%. The fee increase we have
allocated these new members (about l4,n00) is only about
8% of our budget. of 354,000. Von cee see thAt we are not
25
MINUTES
PALM DESERT.CITY.000NCIL MEETING
• • • • • • • • • • • •
•
• :
t
,t I.
,•
q?} j
t
t• _ ,.
;.i
• • • • • • •
EXHIBIT "i
w
JANUARY 14, 1988
• • • • • •
asking alot of them -just a fair share from everyone on El
Paseo.
Some might s.:,y they J•-•i:'t sired the El Paseo address --but
they are _D El Paseo--t•Pnr1.itiout_f.•nm the effort: and
contributions of the test r.t us. W.• all came to F.1 Paseo
because of whar other- before us had .-reate•i, whether for
it's name. beauty. uniqueness, or s-sociated protessions
with our own. We neel the profe<:sionn1 businesses on El
Paseo to be in our +:.• oriat.ic.n, sharing a small portion of
the costs elvng with the benefits.
The reason we have 3fl' ci for a flat fee increase for Lantz
is because we do not have access to their dollar volumes,
but feel the S1,000 rasped to he far below what a license
fee would bring. Their frontage along El paseo puts them
in a size classification with any large retailer. so we
feel this fee to be more than reasonable.
In en era or declining, main street? throughout the
country, El Paseo flourishes and becomes stronger each
year. That is why our association is so necessary. To
keep up the benefits that. El Paseo offers, which in turn
benefit every business on the street we ask your approval
of our recommendation in vts entirety. Please simply help
us help ourselves.
Thank you.
MINUTES
PALM DESERT CITY COUNCIL MEETING JANUARY 14, 1988
• • • • •• • • • • • • • • • • • • • • • • • • • •
• 1i
1R, i
,r. •
• .
-v
•
sa�suaa.r
EXH IE"8"
January 13. 1517
Honorable Mayor Jean Benson and
City Council Members
72-5I0 Fred waring Drive
Palm Desert, CA 92260
Dear Mayor.
The undersigned Larkspur Enterprises. Ltd., • California
Corporation has an exclusive right agreement to purchase
an approximate 6.3 acres more or' less which 1s part of
track I14,667 - 6 and commonly known as the Mountain Flew
Falls subdivision. Such parcel Is ly located at
the northwest portion of the intersection of Novlsy Lane
and midsection line of section 10, township five south
range six oast. San Sernedlno bade meridian.
Specifically, your case P OPA17-5 and C/2/7-11 relating to
• proposed general plan land use and circulation element
which contemplates realignment of Novley Lane late a local
two lane street.
It has come to our attention that the proposed hearing on
Thursday January 14, 1411 at 7.00 p.m. In the council
chamber at the Palm Desert Civic Center, 73-510 Fred
Waring Drive, Palm Desert, California has been postponed
u ntil the next councllmanlc assting scheduled for Thursday
Janary 25, 1416. It is my further and nding that the
city attorney will request a continuation of such hearing
in the light of potential dispute with the Riverside
County road department over such Howley Lane realignment
proposal above. I sincerely hops the planned imminent
development of this property will not be delayed by this
action.
Therefore the purpose of this letter 1s to place in the
record that we reserve the right to comment or whatever Is
neesseary to preserve our contractual rights as set out
above, at the public hearing on January 14, 1111 or any
governmental hearing until such matter Is resolved by the
appropriate governmental authority.
Sincerely,
LAIRS
IeALUR TERPRISE.1Sl1, LTD. A CA CORP.
S r' T ...n . I v
C
R. Georg
10M.cf
EOM REAL ESTATE CENTER. INC • ECM DEVELOPMENT CO INC • LARKSPUR ENTERPRISES
t OEOmo% MAR21COLA cum. • P 0 BOX 47, PALM DESERT CALIFORNIA 62241 • PHONE 113141 346.1173
27
January 13, 1987
Honorable Mayor Jean Benson and
City Council Members
73-510 Fred Waring Drive
Palm Desert, CA 92260
Dear Mayor:
The undersigned Larkspur Enterprises, Ltd., a California
Corporation has an exclusive right agreement to purchase
an approximate 6.3 acres more or less which is part of
track #19,847 - 6 and commonly known as the Mountain View
Falls subdivision. Such parcel is generally located at
the northwest portion of the intersection of Hovley Lane
and midsection line of section 10, township five south
range six east, San Bernadino basin meridian.
Specifically, your case # GPA87-5 and C/Z87-11 relating to
a proposed general plan land use and circulation element
which contemplates realignment of Hovley Lane into a local
two lane street.
It has come to our attention that the proposed hearing on
Thursday January 14, 1988 at 7:00 p.m. in the council
chamber at the Palm Desert Civic Center, 73-510 Fred
Waring Drive, Palm Desert, California has been postponed
until the next councilmanic meeting scheduled for Thursday
January 28, 1988. It is my further understanding that the
city attorney will request a continuation of such hearing
in the light of potential dispute with the Riverside
County road department over such Hovley Lane realignment
proposal above. I sincerely hope the planned imminent
development of this property will not be delayed by this
action.
Therefore the purpose of this letter is to place in the
record that we reserve the right to comment or whatever is
necessary to preserve our contractual rights as set out
above, at the public hearing on January 14, 1988 or any
governmental hearing until such matter is resolved by the
appropriate governmental authority.
Sincerely,
LARKS UR
By:
TERPRISES, LTD. A CA CORP.
E. Georgearzicol
EGM:cf
EGM REAL ESTATE CENTER, INC. • EGM DEVELOPMENT CO., INC. • LARKSPUR ENTERPRISES
E. GEORGE MARZICOLA GROUP • P.O. BOX 47, PALM DESERT, CALIFORNIA 92261 • PHONE (619) 346-1173