HomeMy WebLinkAbout1977-01-13MINUTES
CITY COUNCIL MEETING
JANUARY 13, 1977
CITY HALL COUNCIL CHAMBERS
I. CALL TO ORDER
Mayor Brush called the meeting to order at 7:05 p.m. on Thursday,
January 13, 1977, in City Hall Council Chambers.
II. PLEDGE - Councilman Jim McPherson
III. INVOCATION - Mayor Pro-Tempore Ed Mullins
IV. ROLL CALL
Present:
Councilman Jim McPherson
Councilman Ed Mullins
Councilman Alexis Newbrander
Councilman Bill Seidler
Mayor Noel Brush
Also Present:
Martin J. Bouman, City Manager
Hunter T. Cook, City Engineer
Paul A. Williams, Director of Environmental Services
V. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. APPOINTMENTS of Two Additional Members to the Newly Created
Parks & Recreation Commission.
Action: Council deferred action on this item until the
meeting of January 27, 1977.
VI. CONSENT CALENDAR
A. MINUTES of the December 23, 1976, Meeting of the City Council.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos.
77-063, 77-064, and 77-065.
Rec: Approve as presented.
C. RESOLUTION NO. 76-58 - A Resolution of the City Council of
the City of Livingston Regarding Illegal Aliens
Rec: Receive and file.
D. REQUEST From the Coachella Valley Resource Conservation
District To Join Their District.
Rec: Refer to Staff for recommendation.
E. REQUEST For Authorization for Director of Management Services
to Attend the Annual Meeting of the California Society of
Municipal Finance Officers in Monterey, February 2 to 4, 1977.
Rec: Approve as requested.
January 13, 1977 Page 1
F. TREASURER'S REPORT OF CASH TRANSACTIONS, MONTH OF NOVEMBER.
Rec: Receive and file.
G. REPORT From the Director of Finance on Charges to the
Redevelopment Agency for the Period July 1, 1976, through
December 31, 1976.
Rec: Receive and file.
H. LETTER From the Palm Desert Junior Women's Club Requesting
Permission to Install Store Front Banners in the City.
Rec: Approve the request.
I. RESOLUTION NO. 3203 (1976 Series) From the City of San
Luis Obispo Opposing the Redistribution of Sales Tax
Revenues on the Basis of Population.
Rec: Receive and file.
J. RESOLUTION NO. 11,524 From the City of Compton Opposing
the Redistribution of Sales Tax Revenues on the Basis of
Population.
Rec: Receive and file.
K. RESOLUTION NO. 77-1 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE CITY
MANAGER TO EXTEND TRAVEL FUNDED BY THE AMERICAN PUBLIC WORKS
ASSOCIATION BY THREE ADDITIONAL DAYS TO ATTEND MEETINGS IN
WASHINGTON, D. C., WITH THE TRANSPORTATION RESEARCH BOARD,
AND VARIOUS FEDERAL AGENCIES.
Rec: Waive further reading and adopt.
L. NOTICE OF CLAIM From Brown Brothers Adjusters, 545 San
Francisco Street, San Francisco, California 94111, Repre-
senting the Following Claimants for Flood Damage:
J. H. McCreadie
73408 Little Bend Trail
Palm Desert, California 92260 $10,000.00
Richard & Carol Klippert
73442 Gold Flower Road
Palm Desert, California 92260
$10,000.00
Rec: Deny the claim and instruct the City Clerk to
so advise the claimants.
M. NOTICE OF CLAIM From Mrs. Anna M. O'Malley, 46067 Portola,
Palm Desert, for Flood Damage in the Amount of $6,250.00.
Rec: Deny the claim and instruct the City Clerk to
so advise the claimant.
N. NOTICE OF CLAIM From Mrs. Harriette B. Allen, 72-542 Beaver-
tail, Palm Desert, California, for Flood Damage in the Amount
of $4,331.72.
Rec: Deny the claim and instruct the City Clerk to
so advise the claimant.
0. NOTICE OF CLAIM from Mr. Robert L. Roush, 76829 Iroquois
Drive, Indian Wells, California, for Flood Damage in the
Amount of $7,500.00.
Rec: Deny the claim and instruct the City Clerk to
so advise the claimant.
January 13, 1977 Page 2
P. NOTICE OF CLAIM from Elmer Low Professional Corporation,
Suite 314 Security Pacific Building, 234 East Colorado
Boulevard, Pasadena, California 91102, Representing GLADYS
CARTER, 73-580 Juniper Street, Palm Desert, California, for
Flood Damage in the Amount of $20,000.00.
Rec: Deny the claim and instruct the City Clerk to
so advise the claimant.
Q. NOTICE OF CLAIM from Thomas T. Anderson, 450926 Oasis Street
Indio, California, 92201, Representing MR. AND MRS. EDWARD A.
FISCHER, 72-780 Davis Road, Palm Desert, California, for Flood
Damage in the Amount of $30,000.00.
Rec: Deny the claim and instruct the City Clerk to
so advise the claimant.
R. NOTICE OF CLAIMS From Richard J. Wilson, Attorney at Law,
73081 El Paseo, Suite 1, Palm Desert, California, Representing
the Following Claimants:
Elbert C. & Abba M. Benson
74-043 Old Prospector Trail
Palm Desert, California
Bennett G. & Beatrice A. Smith
1517 Cota Avenue
Torrance, California 90501
$20,000.00
$ 6,000.00
Rec: Deny the claim and instruct the City Clerk to
so advise the claimant.
S. NOTICE OF CLAIM From Mr. and Mrs. Frank H. Ferguson, 44-251
Russell Drive, Palm Desert, California, for Flood Damage in
the Amount of $5, 000. 00.
Rec: Deny the claim and instruct the City Clerk to
so advise the claimant.
T. NOTICE OF CLAIM From Brown Brothers Adjusters, 545 Sansome
Street, San Francisco, California 94111, Representing FRANK
H. FERGUSON, 44251 Russel Drive, Palm Desert, for Flood Damage
in the Amount of $12,396.00.
Rec: Deny the claim and instruct the City Clerk to
so advise the claimant.
U. NOTICE OF CLAIM From Mr. & Mrs. E. C. Harrison, P. 0. Box
1221, Palm Desert, California, for Flood Damage at 73590C
Golf Course Lane, Palm Desert, California, in the Amount of
$12,000.00.
Rec: Deny the claim and instruct the City Clerk to
so advise the claimant.
V. NOTICE OF CLAIM From Mr. & Mrs. W. L. Teague, 73610B Golf
Course Lane, Palm Desert, California, for Flood Damage in
the Amount of $16,000.00.
Rec: Deny the claim and instruct the City Clerk to
so advise the claimant.
W. APPEAL REQUEST from Mr. George J. Ritter, 73-899 Highway 111,
Palm Desert, Relative to Grading Permit at 73-459 Juniper
Street, Palm Desert, California.
Rec: Refer to the City Manager for response.
Councilman Newbrander moved and Councilman Mullins seconded to
accept the Consent Calendar as presented. Motion carried unanimously.
January 13, 1977 Page 3
VII. PUBLIC HEARINGS
A. CASE NO. C/Z 06-76 - City Council Initiated Pre -Zoning of
121 Acres of Land Being Annexed to the City of Palm Desert,
California, from R-1-12,000 (County) to 60 Acres of (UA)
S.I., S.P. (Services Industrial, Scenic Preservation) and
60 Acres of (UA) O.S. (Open Space). (Continued from
December 9, 1976).
Mayor Brush declared the Public Hearing Open.
Mr. Paul Williams presented the Staff report on the proposed
prezoning, explaining that Indian Wells had submitted a letter
dated January 10, 1977, opposing the prezoning.
Mr. Charles Gibbs, 70633 Oroville Road, Rancho Mirage,
and Mr. John Dickson, 73-611 Highway 111, Palm Desert,
both spoke in favor of the prezoning, stressing the need
for industrial space.
Mr. Richard Coffin, 73-700 El Paseo, Palm Desert, spoke in
opposition to the prezoning stating that there was too much
of this type use proposed already.
With no further input offered, Mayor Brush declared the
Public Hearing closed.
Councilman McPherson stated that there was definitely a need
for storage area in Palm Desert, and there are no such pro-
visions now. By ordinance, we are forcing people to store
motorhomes, equipment, etc. out of town, and here is an alter-
native. He further stated that he had heard nothing in the
arguments given that convinced him that this should not be
zoned Service Industrial.
Councilman Newbrander moved and Councilman McPherson seconded to
waive further reading and pass Ordinance No. 133 to second reading. The
motion carried unanimously.
B. CASE NO. C/Z 05-76 - Planning Commission Initiated Change of
Zone from 'S" (Study) to PC(4), S.P. (Planned Commercial -
Resort, Scenic Preservation), and PR-4,S.P. (Planned Resi-
dential, 4 Dwelling Units Per Acre, Scenic Preservation),
On Property Located Northerly of and Adjacent to Highway 111
at the Northeast Corner of the Intersection of Deep Canyon
Road and Highway 111.
Mayor Brush declared the Public Hearing open.
Mr. Williams reviewed the Staff report for the benefit
of the audience and Council. He pointed out •that Indian
Wells had opposed this rezoning on several different points
in a letter dated January 10, 1977. Mr. Williams read their
points of opposition.
Mr. George Ritter, 73-899 Highway 111, Palm Desert, spoke
in opposition to the rezoning. He indicated that he repre-
sented a Mr. John Leslie who owned 8-1/4 acres of land that
had been in the 'S' Study zone for quite some time. Mr.
Ritter felt that the Council would never come to an agreement
on what to do with this land. He felt the land should be
zoned commercial.
Mr. Joe Buccino, 71377 Biskra Road, Rancho Mirage, addressed
Council indicating that 13-1/2 years ago he had purchased this
land for $31,000. He now asked that Council not rezone it
as proposed. He preferred commercial.
January 13, 1977 Page 4
Mr. Malin Cavia, 44-755 Deep Canyon, Palm Desert, addressed
Council indicating that he was one of the three residents
involved in the property directly across the street. He
inquired as to what would happen to the date grove and was
advised that some of it would be preserved in that the Scenic
Preservation requirement would be applied.
With no further input offered, Mayor Brush declared the Public
Hearing closed.
Councilman Seidler questioned whether or not this property
would have to remain in the 'S' zone for a full year if it
were returned to that zoning. Mr. Williams stated that it
would not, but that Council could, at any time during the
year, reinitiate zoning procedures.
Councilman Mullins stated that this was a very important
piece of property and that even after the several times it
had been discussed, he was still unsure of what it should be
zoned. He suggested possibly the City Council and the
Planning Commission should consider it jointly to arrive at
a better decision.
Councilman Mullins moved that by Urgency Ordinance No. 149 to
leave this property in the 'S' designation. Councilman Newbrander
seconded the motion.
Mayor Brush read the title of Ordinance No. 149, as proposed:
Ordinance No. 149, An Ordinance of the City of Palm Desert, California,
Amending Chapter 25.46 of the Palm Desert Municipal Code To Change the
Zone from 'S' (Study) to 'S' (Study) on 15 Acres of Land Located on
the North Side of Highway 111 Between Deep Canyon Road and the Indian
Wells City Limit, and Declaring the Urgency of this Ordinance.
Councilman Mullins moved and Councilman Newbrander seconded to
waive further reading of the ordinance. Motion carried unanimously.
Councilman Mullins' original motion was acted upon and passed
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
McPherson, Mullins, Newbrander, Seidler & Brush
None
None
None
C. CASE NO. C/Z 07-76 - City Council's Consideration of a Change
of Zone from 'S' (Study) to 'S' (Study) on Property Located
Northerly of and Adjacent to 44th Avenue, Between Fairhaven
Drive and the Palm Valley Storm Channel.
Mayor Brush declared the Public Hearing open.
Mr. Williams outlined the staff report stating that staff's
recommendation was to leave this in the 'S' (Study) zone due
to the fact that sufficient data and facts do not exist at this
time to make a proper decision on the property. Any rezoning
should not take place until the completion of the College of
the Desert Area Specific Plan.
Mayor Brush asked for input in favor of the rezoning and there
was none. No one spoke in opposition to the rezoning. Mayor
Brush declared the public hearing closed.
Councilman McPherson moved and Councilman Seidler seconded to
continue the zone of 'S' (Study) on the 36.46 acre parcel located
generally northerly of and adjacent to 44th Avenue, between the Palm
Valley Storm Channel and Fairhaven Drive and declaring the Urgency
of the proposed ordinance.
Councilman Seidler moved and Councilman McPherson seconded to
waive further reading of the ordinance. Motion carried unanimously.
January 13, 1977 Page 5
Councilman Seidler's original motion was acted upon and passed
by the following vote:
AYES: McPherson, Mullins, Newbrander, Seidler & Brush
NOES: None
ABSENT: None
ABSTAIN: None
D. CASE NO. C/Z 04-74 - Planning Commission Initiated Change
of Zone Request from 'S' (Study) to 'S' (Study on a 225-Acre
Parcel of Land Located Northerly of and Adjacent to 44th
Avenue and the College of the Desert, Between Portola Avenue
and Monterey Avenue, and Northerly of the Whitewater River
Storm Channel.
Mayor Brush declared the hearing open.
Mr. Williams outlined Staff's report indicating the sufficient
data and facts do not exist at this time to make a proper
decision on the property; that any rezoning should not take
place until the completion of the College of the Desert Area
Specific Plan; and that failure to rezone it 'S' would revert
it to a County zone designation which would have no meaning
under the City's Zoning Ordinance.
Mr. John Sanborne, Webb Engineering, Palm Springs, spoke
in favor of the rezoning to 'S' (Study) but urged the Council
to move ahead with the College of the Desert's Plan when it
had been finalized.
No one spoke in opposition to the rezoning. Mayor Brush
declared the hearing closed.
Councilman Seidler pointed out that it might be well to note
that although the Council might rezone this 'S' and this zoning
would be applicable for one year, that Council could initiate
rezoning anytime during that one year period.
Councilman Seidler moved and Councilman Mullins seconded that by
Urgency Ordinance No. 151, approve the change of zone from 'S' (Study)
to 'S' (Study).
Mayor Brush read the title of the ordinance. "An Ordinance of
the City of Palm Desert, California, Amending Chapter 25, Section 25.46
of the Palm Desert Municipal Code to Continue the Zone of 'S' (Study) on
a 225-Acre Parcel of Land Located Generally Northerly of 44th Avenue,
East of Monterey Avenue, and West of Portola Avenue, and Declaring the
Urgency of this Ordinance.
Councilman Newbrander moved and Councilman McPherson seconded to
waive further reading of the ordinance. Motion carried unanimously.
Councilman Seidler's original motion was acted upon and passed
by the following vote:
AYES: McPherson, Mullins, Newbrander, Seidler & Brush
NOES: None
ABSENT: None
ABSTAIN: None
E. CASE NO. C/Z 08-76 - Planning Commission Initiated Change of
Zone from 'S' (Study) to PR-1 (Planned Residential, 1 Unit
Per Acre) on Property Located at the Northeast Corner of
Portola Avenue and Magnesia Falls Drive.
After outlining the staff report, Mr. Williams stated that
it was Staff's recommendation to rezone this property from
'S' (Study) to PR-1 (Planned Residential, 1 Unit Per Acre).
This would be in conformance with the land use designated
in the General Plan; it would be compatible with existing
zoning; and it would ensure the protection of the public
health, safety, and general welfare.
January 13, 1977 Page 6
Mr. Williams further pointed out that he had been in touch
with Dr. Elmer C. Rigby, whose property will be affected by
this rezoning, and that he preferred that the property either
remain in the 'S' (Study) zone or be zoned commercial.
No one spoke in favor or in opposition to the rezoning. Mayor
Brush declared the Public Hearing closed.
w
Councilman Seidler stated that because of the location,
o next to the future site of the highschool, that it would
z
w not be proper to zone the land commercial nor would it
2 <, be beneficial to restrict it to one unit per acre. He
cn suggested that a 5-unit per acre zoning be considered to
Q•.. provide for multiple dwelling units. Councilman Mullins
z !� expressed his agreement with the PR-5 designation in that
it was more realistic. He did not feel the property should
be zoned commercial.
Councilman Newbrander expressed her disagreement with the PR-5
zoning in that she felt with the shape of the property, it
would be difficult to build many homes on it at all.
Councilman McPherson moved and Councilman Mullins seconded by
Urgency Ordinance No. 152 to change the zoning from 'S' (Study) to PR-5.
Mayor Brush read the title of the ordinance: An Ordinance
of the City of Palm Desert, California, Amending Chapter 25.46 of the
Palm Desert Municipal Code to Change the Zone from 'S' (Study) to PR-5
(Planned Residential, 5 Units Per Acre), on 8 Acres of Land Located at
the Northeast Corner of Portola Avenue and Magnesia Falls Drive. Case
No. C/Z 08-76.
Councilman Mullins moved and Councilman Seidler seconded to waive
further reading of the ordinance. The following vote was cast:
AYES: McPherson, Mullins, Seidler & Brush
NOES: Newbrander
ABSENT: None
ABSTAIN: None
Mr. Williams read the ordinance, as amended, in its entirety.
Councilman Mullins' original motion was acted upon and carried
by the following vote:
AYES: McPherson, Mullins, Seidler & Brush
NOES: Newbrander
ABSENT: None
ABSTAIN: None
F. CASE NO. C/Z 09-76 - Planning Commission Initiated Change
of Zone from 'S' (Study) to PR-6,S.P. (Planned Residential
6 Units Per Acre, Scenic Preservation) on Property Located
at the Northwest Corner of 44th Avenue and Cook Street.
Mr. Williams outlined the staff report indicating that
Indian Wells was opposing this rezoning on 4 different
points as specified in their letter of January 10, 1977.
Dr. Rigby owns a portion of this land also and his recom-
mendation was to zone it a minimum of 12 units per acre.
Mayor Brush declared the public hearing open and asked for
input in favor or in opposition to the rezoning. None was
offered. Mayor Brush declared the public hearing closed.
Councilman Seidler expressed his opinion that this area is
prime property for multi -family dwelling units and that the
"PR" designation would assure that the entire project was
done at one time with controls over it.
January 13, 1977 Page 7
Councilman Seidler moved by Urgency Ordinance No. 153 to approve
a change of zone from 'S' to PR-6 on the subject property.
Councilman McPherson moved and Councilman Seidler seconded to waive
further reading of the ordinance. Motion carried unanimously.
Mayor Brush read the title of the ordinance: Ordinance No. 153,
An Ordinance of the City Council of the City of Palm Desert, California,
Amending Chapter 25.46 of the Palm Desert Municipal Code, to Change the
Zone from 'S' (Study) to PR-6, S.P. Planned Residential, 6 Units Per Acre
Scenic Preservation), on 17.9 Acres of Land Located at the Northwest
Corner of 44th Avenue and Cook Street, and Declaring the Urgency of
This Ordinance. Case No. C/Z 09-76.
Councilman Seidler's original motion was acted upon and carried
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
McPherson, Mullins, Newbrander, Seidler & Brush
None
None
None
VIII. RESOLUTIONS
None
IX. ORDINANCES - For Introduction:
A. ORDINANCE NO. 154 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING THE SUMS ON
BONDS FOR CERTAIN CITY OFFICERS AND EMPLOYEES, AUTHORIZING
PAYMENT OF PREMIUMS FOR SAID BONDS AND AMENDING ORDINANCE
NO. 29 OF SAID CITY.
Current legislation requires that employees be covered by
a faithful perforamce bond to ensure against errors and
omissions. Presently, the Treasurer is covered by a bond
in the amount of $25,000 to insure honesty in all City
transactions. The effect of the additional insurance
coverage would amount to approximately $100 more to the
City than the previous coverage.
Councilman Newbrander moved and Councilman Mullins seconded to
waive further reading and pass to second reading. Motion carried
unanimously.
ORDINANCES - For Adoption:
A. ORDINANCE NO. 144 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 20,
RELATING TO UNDERGROUND UTILITY DISTRICTS IN SAID CITY.
Mr. Bouman pointed out that this ordinance had been explained
in detail at the first reading and that he would have no
further input unless there were questions by Council.
Councilman Mullins moved and Councilman Newbrander seconded to
waive further reading and adopt Ordinance No. 144. Motion carried
unanimously.
X. CONSENT ITEMS HELD OVER
XI. CONTINUING BUSINESS
XII. NEW BUSINESS
A. CASE NO. 50MF, EUCLID-BALL COMPANY2 APPLICANT: Appeal of
Conditions of Approval for Nine (9) New Homes on Haystack
Road.
January 13, 1977 Page 8
Mr. Williams outlined the staff report stating the staff's
recommendation was to deny the appeal and uphold the Condi-
tions of Approval as adopted by the Planning Commission.
Both Councilman Seidler and Councilman McPherson stated they
had driven by the subject lots and could not see where either
the lower pitch or regrading would preserve the views on
these lots. The difference in the pitch of the roof would
be approximately 1 foot and this would not lower the homes
enough to protect the homes behind them.
Mr. George Holstein, Rancho Mirage, addressed Council as the
developer of the project, indicating that he did not object
to the conditions of approval in total, just particularly
the roof pitch and the regrading of the property. Mr.
Holstein indicated that he had graded the property prior
to the flood and again after the flood, with the City's
assistance. The latter, he pointed out, had been done with
a grading permit issued by the City Engineer. He felt that
the requirement to now regrade the lots again was extreme
and would create a financial hardship. He did not oppose
the installation of sidewalks.
Councilman McPherson expressed his concern for the sidewalks
in that area as Haystack is a major thoroughfare and many
children live on that street.
Councilman Seidler moved to assume the jurisdiction and approve
the case subject to the conditions of the Planning Commission, with the
exception of Conditions 7 and 10. Councilman McPherson seconded the
motion; motion carried by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
McPherson, Mullins, Seidler, & Brush
None
None
Newbrander
B. REQUEST From Suski and Sakemi, 81-385 Highway 111, Indio,
California, to be Exempt from the Business License Ordinance
Regulations.
Mr. Bouman explained that this request had been submitted
in that Suski and Sakemi did not make regular calls to Palm
Desert, and usually only at the request of Dickson Towing
Company who has the franchise for towing within the City.
In accordance with the Business License Ordinance, any
business conducting business within the City more than 4
times per year is required to have a business license.
Mr. Bouman pointed out that this regulation was the same
in the other Valley cities.
Mr. Mike Sakemi addressed Council indicating that they did
not do enough business within the City to warrant paying
for a business license ($75 for the first vehicle and $40
for each additional vehicle). Mr. Sakemi stated that they
had heavier equipment than the other towing companies and
were often called upon to assist the franchised companies.
He stated that his increased costs would just have to be
passed on to the consumer which was inflationary.
Mr. John Dickson, 73-611 Highway 111, Palm Desert addressed
the Council indicating that even though he did have the towing
franchise in Palm Desert, he was supporting the waiving of the
license for Suski and Sakemi. He indicated that they did
have heavier equipment than he did, and in many cases, he
had to call them for assistance when his equipment was not
sufficient to accomplish the job - such as towing a semi.
Council discussion resulted in the question of whether the
license could be waived on an "emergency service" basis.
Jeff Patterson, Deputy City Attorney, indicated that all
of the local cities could engage in a joint powers agreement
to honor each others' business licenses on this basis.
January 13, 1977 Page 9
Councilman Newbrander moved to continue the matter•and ask the
City Manager to investigate the report to the Council and in the mean-
time, to waive the license fee pending a Council decision. Councilman
Mullins seconded the motion. The motion carried on the following vote:
AYES: McPherson, Mullins, Newbrander & Brush
NOES: Seidler
ABSENT: None
ABSTAIN: None
C. REQUEST for Authorization to Conduct Bingo Games in the
City of Palm Desert.
Mr. Bouman read the letter of request from the Foundation
for the Retarded of the Desert wherein they requested per-
mission to conduct bingo games as fund raising for their
Ladies Auxiliary. This organization is non-profit and tax
exempt.
Mr. Bouman pointed out that we have not had an opportunity
to research this subject nor determine the attitudes of
other cities. Therefore, he requested that the Council
direct him to give additional research to this and then
ask the City Attorney to prepare a preliminary resolution.
Councilman McPherson moved and Councilman Newbrander seconded to
refer the matter to the City Manager for future study and to the City
Attorney for the preparation of a preliminary resolution. Motion
carried unanimously.
XIII. OLD BUSINESS
A. REQUEST for Acceptance of Work for the Community Park Rest -
room Facility Construction.
Mr. Cook advised Council that the Community Park Restroom
Facilities were completed and "open for business".
Councilman Seidler moved to accept the work on behalf of the City;
to instruct the City Clerk to file a Notice of Completion; and to instruct
the City Clerk to release the bonds 35 days after the Notice of Comple-
tion has been filed. Councilman Mullins seconded the motion. Motion
carried unanimously.
XIV. ORAL COMMUNICATIONS
MR. HENRY B. CLARK, 73-183 Willow Street, Palm Desert, addressed
Council with proposed solutions to the grading ordinance. One
of these suggestions included the proposal that the Design Review
Board be designated as the reviewing body for grading. Council-
man Seidler pointed out that the City Engineer had been instructed
to refer any unusual plans to the Design Review Board for their
recommendation.
MR. ROBBIN BARRETT, 44-393 Lingo Lane, Palm Desert, California,
addressed Council, thanking Mr. Hunter Cook and his department
for their assistance. Mr. Barrett also complained of a wall
constructed adjacent to his property which was causing flooding
of his property.
The following other individuals spoke in opposition to the enforce-
ment of the Grading Ordinance:
Dr. G. Pray
73-373 Joshua Tree, Palm Desert
Mr. George Ritter
32-373 Juniper, Palm Desert
Mr. Leonard Scannel
73-610 Grapevine, Palm Desert
January 13, 1977 Page 10
XV.
XVI.
Mr. Frances Rustin
73-060 Grapevine, Palm
Mr. Walter J. Curry
73-706 Shadow Lane,
Mrs. Mary Hutcheson
73-421 Joshua Tree,
REPORTS AND REMARKS
A.
City Manager
Desert
Palm Desert
Palm Desert
Mr. Bouman stated that where complaints have been filed,
the City Council, the City Manager, the City Engineer,
and others have personally viewed the problem areas.
He pointed out that they will continue to do so until
corrective action is taken.
B. City Attorney
None
C. Mayor and City Council
None
ADJOURNMENT
Councilman McPherson moved and Councilman Newbrander seconded
to adjourn the meeting. Motion carried unanimously. Mayor Brush
adjourned the meeting at 11:05 p.m.
//7A 1 4 .1/ 1! 1AtAV
DWARD D. MULLINS, Mayor Pro-Tem
ATTEST:
,�
SHEILA R. GILL7 GAN, Actjig City Clerk
City of Palm Desert, Ca ifornia
January 13, 1977 Page 11