HomeMy WebLinkAbout1978-01-26MINUTES
REGULAR MEETING OF THE CITY COUNCIL
JANUARY 26, 1978
CITY HALL COUNCIL CHAMBERS
I. CALL TO ORDER
Mayor Mullins called the meeting to order at 7:05
January 26, 1978, in City Hall Council Chambers.
II. PLEDGE - Mayor Pro-Tempore Jim McPherson
III. INVOCATION - Mayor Ed Mullins
IV. ROLL CALL
Present:
Councilman Noel Brush
Councilman Jim McPherson
Councilman Alexis Newbrander
Councilman Roy Wilson
Mayor Ed Mullins
Also Present:
p.m.
Martin J. Bouman, City Manager
David J. Erwin, City Attorney
Paul A. Williams, Director of Environmental Services
Paul E. Byers, Director of Management Services
Clyde Beebe, Director of Public Works
V. AWARDS, PRESENTATIONS, AND APPOINTMENTS
on Thursday,
A. PROCLAMATION Declaring the Month of February, 1978, as Energy
Conservation Month.
Mayor Mullins read the Proclamation and presented it to
Mr. Don McNeilly, General Manager of the Chamber of Commerce.
B. RESOLUTION OF APPRECIATION To Mr. Victor Clark For His Worth -
While Participation On The Parks & Recreation Commission.
Mayor Mullins read the Resolution for the benefit of the
audience, and he advised that Mr. Clark had already left
the area and the resolution will be mailed to him.
C. RESOLUTION OF APPRECIATION To Mr. Harry Hardy For His Worth-
while Participation As City Representative on the Solid Waste
Management Advisory Board.
Mayor Mullins read the Resolution and presented it to Mr.
Hardy. Mr. Hardy thanked the Council and explained briefly
what his goals had been while serving on the Board.
D. APPOINTMENT of Evelyn Young to the City's Historical Committee.
Mayor Mullins announced the appointment of Mrs. Young to the
Historical Committee. Mrs. Young thanked the Council, and
presented pictures of General Patton, which had been taken
here in the desert.
E. APPOINTMENT of Member to the City's Park & Recreation Commission
to fill Unexpired Term of Victor Clark, Resigned.
Mayor Mullins announced that this appointment would be con-
tinued to the next Council meeting of February 9, 1978.
January 26, 1978 Page 1
VI. CONSENT CALENDAR
A. MINUTES of the January 12, 1978, Regular Meeting of the City
Council.
Rec: Approve as presented.
B. MINUTES of the January 19, 1978, Special Meeting of the City
Council.
Rec: Approve as presented.
C. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos.
76-064 and 78-071.
Rec: Approve as presented.
D. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF DECEMBER, 1977.
Rec: Approve as presented.
E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENCE By Walter C. and
Nora Merrel and Charles E. McDowell for THE PINK HOUSE, 73-699
El Paseo, Palm Desert.
Rec: Receive and file.
F. LETTER OF RESIGNATION from Mr. Harry C. Hardy as City Repre-
sentative on the Solid Waste Management Advisory Board.
Rec: Receive and accept with regrets.
Councilman McPherson moved and Councilman Wilson seconded to
approve the Consent Calendar as presented. Motion carried unanimously.
VII. PUBLIC HEARINGS
A. CONTINUED CASE NO GPA 02-771 THE CITY OF PALM DESERT, Appli-
cant: Consideration Of An Amendment To The Palm Desert
General Plan To Include The Provisions Of The College Of
The Desert Area Specific Plan.
Mr. Williams stated that this was the second hearing before
the Council on this Plan. Two specific points were received
from public input at the January 12th hearing, and the Staff
has reviewed them. The first dealt with a petition circu-
lated by Mr. Shaw, requesting that the area known as
Neighborhood No. 1 (west of Monterey) be designated as
R-1 Single Family Dwellings. In analyzing the existing
zoning for that area and the proposed Land Use for
Neighborhood No. 1, the area is presently zoned R-1, except
for the lots along Monterey Avenue and the north side of
Avenue 44 east of Adonis Drive which is zoned R-2. This
designation was applied to the area along Monterey and
Avenue 44 on the basis of existing apartments and duplexes,
and to provide for a buffer between these two arterial streets
and the adjacent R-1 subdivisions. At this time, no justi-
fication appears to exist to designate these areas as R-1.
However, the proposed land use designation does not preclude
the City from considering such a designation at a later date.
The second point made dealt with consideration of cul-de-
sacing San Anselmo northerly of Guadalupe in order to reduce
traffic on Royal Palm Drive. However, because unreasonable
traffic volumes are not anticipated on San Anselmo or Royal
Palm, and because said connection provides a northerly/westerly
connection for the development on Royal Palm Drive, Staff did.
not recommend this alternative. Council may refer this to
the City's Traffic Committee for an in-depth study if it is
felt the proposal needs further consideration.
In terms of late response, Mr. Williams read a letter into
the record from Mr. Ben C. Pickell, Jr., 72-814 Tampico,
Palm Desert, wherein Mr. Pickell inquired about tot lots.
January 26, 1978 Page 2
At Councilman Wilson's request, Mr. Williams reviewed the
tot lot park approval, pointing out that if a neighborhood
would like one and if there is land available for one, it
can become a reality.
Mayor Mullins invited input from the audience in FAVOR of the
Plan and none was offered.
Mayor Mullins invited input from the audience in OPPOSITION to
the Plan, and the following was offered:
Mr. Kiger Barton, 44-519 San Anselmo, supporting the cul-de-
sacing of San Anselmo because of the heavy traffic and also
the high number of accidents that occur on the corner of
San Anselmo and Guadalupe and the corner of Sanora and Catalina.
Mayor Mullins declared the Public Hearing closed.
The Council commended the Planning Commission, Staff, and the
many residents in the community who had given input on the Plan
for an excellent job.
Councilman Wilson asked that the Staff be directed to refer the
matter of a park on the northwest corner of Fairhaven Drive and
Avenue 44 to the Parks & Recreation Commission for study. The
rest of the Council expressed concurrence, and the Staff was so
directed.
Councilman McPherson moved and Councilman Brush seconded to
waive further reading and adopt Resolution No. 78-8. Motion carried
unanimously.
Councilman McPherson pointed out that on the 13th of October,
1977, an emergency ordinance had been adopted by the Council
which placed a building moratorium in the COD Specific Plan
area. With the adoption of the Plan, this moratorium is no
longer necessary.
Councilman McPherson moved to adopt Ordinance No. 180, rescinding
Ordinance No. 171, to be effective immediately as an urgency ordinance.
Councilman Brush seconded the motion; carried unanimously.
Councilman Brush moved and Councilman Wilson seconded to direct
the Traffic Committee to study the traffic situation in the Royal Palms
and San Anselmo area. Motion carried unanimously.
B. CASE NO. C/Z 12-77, LEWIS HOMES OF CALIFORNIA, Applicant: Con-
sideration of a Request For Approval Of A Change of Zone From
PR-3 (Planned Residential, Maximum 3 Units Per Acre) And PR-3,
S.P. (Planned Residential, Maximum 3 Units Per Acre, Scenic
Preservation Overlay) To R-1, 10,000 (Single -Family Residential,
Minimum 10,000 Sq. Ft. Lot Size), Or Other Zone As Appropriate,
For Approximately 85 Acres Located At The Northeast Corner Of
Highway 74 and Haystack Road.
Mr. Williams presented a lengthy staff report, including the
analysis of the pros and cons of the three viable alternatives
available on the zoning.' He reviewed the recommendations of
the Planning Commission and their logic, and finally, the
recommendations of the Staff and why the Staff did not
support the recommendations of the Planning Commission.
Councilman Brush asked if both the zoning matter and the Tenta-
tive Tract Map could be considered together. Mr. Erwin stated
that it might be somewhat confusing to do so. Mr. Bouman
pointed out that the two matters were not tied together in that
if the Council took action to establish new zoning, then that
zoning would be applicable to anyone wishing to develop that
property, not just Lewis Homes.
Mayor Mullins declared the Public Hearing open and invited input
in FAVOR of the project;
January 26, 1978 Page 3
MR. JERRY BRIAN, 924 W. 9th Street, Upland, adressed the
Council as a representative of Lewis Homes. He reviewed
the existing zoning adjacent to the property being discussed
and pointed out that it was compatible to that which his
firm was requesting. He urged Council to concur with the
Staff recommendation to allow a combination of 12,000 sq.
lots and 10,000 sq. ft. lots as it would be far more feasible
for development.
The following other individuals spoke in FAVOR of the project:
Mr. Carl Meisterlin, 72-361 Highway 111, Palm Desert
(Member of the Palm Desert Property Owners' Association)
Mr. Bill Waring, 73-281 Fiddleneck, Palm Desert
Mrs. Susie Moore, 74-370 Old Prospector, Palm Desert
Mr. Bill Tildon, Vice President, Deep Canyon Tennis Club
Mrs. Bonnie Bitney, Belair Drive, Palm Desert
Mrs. Rena Harris, Desert Lily, Palm Desert
Mr. Gene Flecky, 73-160 Fiddleneck, Palm Desert
Mayor Mullins invited input in OPPOSITION to the zoning, and
following was offered.
DR. CLAIRE GRAHAM, 73-307 Goldflower Street, Palm Desert,
expressed concern over the drainage problem as the tract
is developed in that all of the runoff will be going down
Desert Lily. She pointed out that the project will be com-
pleted in phases, and although the developer will be blocking
off Desert Lily eventually, what about the problem during con-
struction. Staff assured Mrs. Graham that the developer is
responsible for this during all phases of construction.
MR. GEORGE RITTER, 73-899 Highway 111, Palm Desert, stated
that the zoning from PR-3 to R-1 was a downgrading of the
property. He felt that with approval of R-1, one staff mem-
ber would have authority to approve what was built on the
property. Staff advised that the project would have to
meet the requirements and review of the Design Review Board.
Mr. Ritter urged the Council to uphold the recommendation of
the Planning Commission for larger lot size requirements.
MR. GEORGE SWEET, 46-370 Ocotillo Drive, Palm Desert, stated
that the City had incorporated because the residents felt
the County was too lax and would allow any developer to
build what they wanted. The County's standards were too
low. Mr. Sweet stated that many residents feel that Palm
Desert is getting too crowded. He urged that the Council
require a minimum of 14,000 sq. ft. lots. He pointed out
that although the Planning Commission had compromised at
12,000 sq. ft. lots, the Property Owners' Association did
reluctantly accept it.
MR. HENRY CLARK, 73-183 Willow Street, Palm Desert, spoke
in favor of leaving the zoning PR-3 in that it would allow
better control of the development. Although he would reluc-
tantly accept the Planning Commission recommendation, he felt
to go any lower on lot size requirements would be jeopardizing
the finest piece of property left in Palm Desert.
MR. RUSS JOHNSTON, 73-266 Goldflower, Palm Desert, spoke on
behalf of the Palm Desert Property Owners' Association who
supported the Planning Commission recommendation. He
urged the Council to uphold it.
MRS. FLORENCE HAFER, 74-310 DeAnza Way, Palm Desert,
spoke opposing any further rezoning in the City.
Councilman Newbrander stated that Palm Desert was a lovely city,
and it seemed a shame to her that developers come in, think it
is a lovely city and want to come here, but then want to change
it.
January 26, 1978 Page 4
Councilman Wilson asked Mr. Williams whether or not the developer
would be allowed to request a variance on smaller lots if the
R-1-12,000 were approved. Mr. Williams advised that they would
not be.
Councilman Wilson asked that the City would do if the property
were zoned R-1-10,000 and then the developer walked away from
it. Mr. Williams stated that public hearings would be required
before the Commission and the Council before another development
could be approved there. Discussion followed about the proposed
development.
Councilman Brush moved and Councilman Wilson seconded to con-
sider the project at this time, before acting on the zoning change.
Motion carried unanimously.
Mr. Williams reviewed the Staff Report, particularly
emphasizing the drainage requirements, exterior treatment,
noise mitigation, recreation facilities and lot sizes.
He pointed out that the developer has been required to
submit three additional and different elevations for each
floor plan submitted. Mr. Williams referred to letters
from both the Palm Desert Property Owners' Association and
Mr. Russ Johnston, an adjacent resident, expressing concern
over lot size. He pointed out Special Condition No. 16 in
Resolution No. 78-1 relative to increasing the amount of
perculation by the utilization of natural desert materials
as landscape accents may require further discussion with
the applicant during the hearing on subdivision.
Councilman Wilson stated that when the two were seen together,
it was a fine project. However, he felt it was something dif-
ferent that what the Planning Commission had seen and thought
the Commission should be allowed a chance to review the changes.
Councilman McPherson asked the number of 10,000 and 12,000
sq. ft. lots. Mr. Williams advised that there were 138 of
10,000 sq. ft., 63 of 12,000 sq. ft., and 17 of 13,000 sq.
ft. or larger lots.
Councilman Wilson moved to continue the Public Hearing on the
Zoning Change and refer the matter to the Planning Commission for
additional input on the three alternatives submitted to Council,
asking that the matter be heard at the next Commission meeting for
their recommendations. The motion was defeated by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Wilson & Newbrander
Brush, McPherson & Mullins
None
None
Mayor Mullins declared the Public Hearing closed.
Councilman McPherson said that the issue could be passed back
and forth between the Commission and the Council, which was unfair to
the applicant since many hours had already been devoted to the matter.
He felt strongly that the Council should take a stand and take action.
Councilman McPherson moved to waive further reading and pass
Ordinance No. 177, Alternative #3 modified to show everything east of
Desert Lily extended as R-1-12,000, to second reading. Councilman
Brush seconded the motion; motion carried on the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Brush, McPherson, & Mullins
Newbrander & Wilson
None
None
January 26, 1978 Page 5
C. CASE NO. TT 11636, LEWIS HOMES OF CALIFORNIA, Applicant: Con-
sideration of a Request For Approval of a Tentative Tract Map
To Create 226 Single -Family Residential Lots and Four Lots
For Common Recreational Facilities and Flood Control Purposes
on Approximately 85 Acres Located at the Northeast Corner of
Highway 74 and Haystack.
Mayor Mullins declared the Public Hearing open.
Mr. Williams reviewed the Staff Report stating that there
were a total of 218 residential lots, one recreational lot,
three green belt/drainage lots, totaling approximately 8.2
acres. He reviewed the types of units, again pointing out
that the Design review board has required the submittal
of at least 3 additional elevations per floor plan.
In reviewing the proposed circulation, the Planning Com-
mission had deleted access to Desert Lily. He continued
by reviewing, in depth, the General Plan requirements,
proposed drainage, noise mitigation, recreational facilities,
and improved lot perculation.
In reviewing the proposed recreational facilities, Mr.
Williams noted that the tennis courts will not be lighted
and that the facility's location had been changed to the
northwest corner of the development.
Mayor Mullins invited input in FAVOR of the project.
MRS. BETTY WILLIAMS, Project Manager of Lewis Homes,
emphasized that Lewis Homes is a financially solid firm
with an excellent reputation. She assured that her
company had every intention of completing the project
once they had started it. She listed other communities
where Lewis Homes has developments.
Mrs. Williams stated that the homes will begin in price
at $100,000 for the smallest floor plan. She reviewed
the extensive drainage work they would complete before
the project was finished. In conclusion, she assured
everyone that this was a development the entire City
would be proud of.
MR. JOHN SANDBORNE, Webb Engineering Company, spoke on
behalf of Lewis Homes, explaining the proposed drainage
within the project, assuring everyone that the runoff
water will be routed away from Desert Lily.
MR. RAY FORSUM, Dana Point, addressed the Council as the
the landscape architect for the project. He reviewed the
proposed landscaping, including the proposed natural vegi-
tation requirement. Councilman Wilson questioned the
good natural vegitation would do, and Mr. Forsum agreed
that it would be minimal.
MR. HENRY CLARK, 73-183 Willow Street, Palm Desert, expressed
concern over the fact that the recreational facility is now
located directly across. the street from two churches. He
wondered about the noise problems on Sunday morning.
The following other individuals spoke in FAVOR of the
project:
Mr. Bill Waring, 73-281 Fiddleneck, Palm Desert
Mr. Don Bitney, 72-635 Belair, Palm Desert
Mrs. Sally Allen, 46-155 Portola, Palm Desert
Mr. Ray Martin, Palm Desert
Mrs. Susie Moore, 74-370 Old Prospector, Palm Desert
Mr. Carl Meisterlin, 72-361 Highway 111, Palm Desert
January 26, 1978 Page 6
Mayor Mullins invited input in OPPOSITION to the project.
MR. GEORGE SWEET, 46-307 Ocotillo, Palm Desert, spoke on
behalf of the Palm Desert Property Owners Association,
opposing the concept of tract development. He also stated
that the larger lots on the east may never be developed in
that they will be constructed as Phase 4 & 5 of the project.
If the project is not successful, those homes will never
be built. He expressed continued concern about the drainage
problem this development would create.
MR. GEORGE RITTER, 73-899 Highway 111, Palm Desert, opposed
the access in and out of the project onto the frontage road;
he suggested the installation of a crash gate on Goldflower
and Salt Cedar; requested the tennis courts be recessed 4
feet below the street grade.
MR. RUSS JOHNSTON, Palm Desert, expressed concern that the
homes would be landscaped in accordance with City Code.
Councilman Wilson asked the possibility of a condition requiring
future participation in a traffic signal at the corner of Haystack
and Highway 111, Mr. Beebe responded that this was possible, and
their participation would be about $8-9,000.
Mayor Mullins declared the Public Hearing closed.
Councilman Wilson stated that he could not see the value of
Condition No. 16 requiring natural vegitation and suggested it
be deleted. Council agreed.
Councilman Wilson moved and Councilman McPherson seconded to waive
further reading and adopt Resolution No. 78-9, with the following Condi-
tions amended:
13. The proposed tennis courts shall be recessed a minimum of
four feet from the adjacent street grade and shall not be
lighted.
16. deleted.
17. As a part of any phase, the developer shall provide for the
basic drainage system.
18. Signal participation shall be required for the intersection
of Highway 74 and Haystack in an amount no to exceed $10,000
(as offered by the developer).
The motion carried on the following vote:
AYES: Brush, McPherson, Wilson & Mullins
NOES: Newbrander
ABSENT: None
ABSTAIN: None
D. CASE NO. C/Z 08-77, PLANNING COMP.MISSION INITIATED: Considera-
of Change of Zone Request.From 'S' (Study) To PR-6, S.P.
(Planned Residential, 6 Units Per Acre, Scenic Preservation
Overlay), PR-4, S.P. (Planned Residential, 4 Units Per Acre,
Scenic Preservation Overlay), R-2(5), S.P. (Single -Family,
'lesidential, 5,000 Sq. Ft. Minimum Lot Area Per Unit, Scenic
?reservation Overlay), R-1 (Single -Family Residential), P
(Public -Institutional) Or Any Other Zone Deemed Appropriate
For a 225-Acre Parcel Located North and East of the College
of the Desert.
Mr. Williams reported that the subject property was desig-
nated "Study District" on February 12, 1976, for one year,
in concurrence with the Development of the C.O.D. Specific
Plan. This designation has been continued throughout the
completion of the Plan. With the adoption of the Plan, it
is felt that the proposed zoning designations for the subject
property in the land use element of the COD Area Specific Plan
do conform with the density. Staff recommended approval.
Mayor Mullins declared the Public Hearing open and invited input
January 26, 1978 Page 7
in FAVOR of trre zoning. None was offerea;
Mayor Mullins invited input in OPPOSITION to the zoning, and
none was offered. He declared the Public Hearing closed.
Councilman Newbrander moved and Councilman Brush seconded to
waive further reading and adopt Ordinance No. 178 as an urgency measure.
Motion carried unanimously.
E. CASE NO. TT 11454 - SUNRISE CORPORATION, Et Al, Applicant:
Consideration of a Request for Approval of a Tentative Tract
Map to Create 107 Lots for Residential and Recreational Uses,
Water Well Site, Buffer Areas, a Pool and a Maintenance
Building on Approximately 240 Acres Located North of the
Whitewater Storm Channel between Monterey and Portola,
Proposed PR-5, U.A. Zone District.
Mr. Williams reviewed the Staff Report, pointing out and
explaining a number of special conditions. He stated that
the Council should note the letter from Mr. Kermit Martin
of Southern California Edison wherein he indicates that the
utility company believes it would be economically impractical
to convert the existing overhead utility line along the north
side of the subject tract to underground. Due to the line
having two transmission circuits at 115KU and two distribution
circuits at 33KU and 12KU, undergrounding of the line would
represent not only an exhorbitant cost, but also involves
some technical problems.
Mayor Mullins declared the Public Hearing open and invited input
in FAVOR of the project.
MR. JACK CONLON, 42-000 Bob Hope Drive, spoke as Vice President
of Sunrise Corporation. He stated that they were in agreement
with the Staff recommendations.
Mayor Mullins invited input in OPPOSITION to the project, and
none was offered. He declared the Public Hearing closed.
Councilman Brush moved and Councilman McPherson seconded to
waive further reading and adopt Resolution No. 78-10. Motion carried
unanimously.
VIII. RESOLUTIONS
A. RESOLUTION NO. 78-6 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, RELATIVE TO OVERTIME,
BI-ANNUAL PHYSICAL EXAMINATIONS, SERVICE CLUB MEMBERSHIPS
AND MILEAGE REIMBURSEMENT.
Mr. Bouman stated that this was a companion resolution to
the Personnel Ordinance presently being presented, and he
reviewed the provisions of the resolution.
Councilman McPherson moved and Councilman Newbrander seconded to
waive further reading and adopt Resolution No. 78-6. Motion carried
unanimously
B. RESOLUTION NO. 78-7 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING VOTING
PRECINCTS FOR THE MARCH 7, 1978, GENERAL MUNICIPAL ELECTION
AND APPOINTING OFFICERS OF ELECTION FOR SAME.
Mrs. Gilligan reviewed the provisions of the resolutions,
stating that Precinct#1 should be amended to include
Precinct #43-418.
Councilman McPherson moved and Councilman Newbrander seconded to
waive further reading and adopt Resolution No. 78-7, as amended. Motion
carried unanimously.
January 26, 1978 Page 8
IX. ORDINANCES
For Introduction:
A. ORDINANCE NO. 179 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING AND DESIGNATING
CHAPTER 18 OF THE PALM DESERT MUNICIPAL CODE AS THE "PALM
DESERT MECHANICAL CODE" WITH CERTAIN ADDITIONS, DELETIONS,
AND AMENDMENTS, THE RULES, REGULATIONS, PROVISIONS, AND CON-
DITIONS SET FORTH IN THAT CERTAIN CODE ENTITLED "UNIFORM
MECHANICAL CODE, 1976 EDITION", INCLUDING THE APPENDICES
THEREIN CONTAINED, PROMULGATED AND PUBLISHED BY THE INTER-
NATIONAL CONFERENCE OF BUILDING OFFICIALS.
Mr. Bouman stated that this was the first in a series of 6
or 7 codes which will be presented to the Council by the
Director of Building & Safety. It brings our City Code
into conformance with State requirements with the updating
of State Code. This will be done every three years.
Councilman Brush moved and Councilman Wilson seconded to waive
further reading and pass Ordinance No. 179 to second reading. Motion
carried unanimously.
For Adoption:
A. ORDINANCE NO. 176 -- AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING PERSONNEL SYS-
TEM RULES AND REGULATIONS OF THE CITY OF PALM DESERT.
Mr. Bouman explained that this was a second reading, and
although some grammatical changes had been made, no major
changes had occurred to the ordinance.
Councilman McPherson moved and Councilman Brush seconded to
waive further reading and adopt Ordinance No. 176. Motion carried
unanimously.
X. CONSENT ITEMS HELD OVER
None
XI. CONTINUING BUSINESS
None
XII. NEW BUSINESS
A. REQUEST FOR APPROVAL of Parcel Map 11050, Philip Abrams
Consulting Engineers, Inc., Applicant.
Mr. Beebe explained that the request would create two
parcels and give permanent access to Parcel 2. The
Planning Commission approved this request on October 19,
1977.
Councilman Brush moved and Councilman McPherson seconded to
waive further reading and adopt Resolution No. 78-11. Motion carried
unanimously.
B. REQUEST FOR APPROVAL OF ENGINEERING SERVICES AGREEMENT
Between Ewald M. Lemcke and the City of Palm Desert.
Mr. Beebe explained that Mr. Lemcke would be utilized
when Mr. Charles Haver, our temporary Acting City
Engineer, might develop or have a conflict of interest.
Mr. Lemcke is a resident of Palm Desert.
Councilman Newbrander moved and Councilman McPherson seconded
to approve the agreement and authorize the City Manager to execute.
Motion carried unanimously.
January 26, 1978 Page 9
C. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 1, CONTRACT NO. 1014,
Improvement of San Luis Rey Avenue from Alessandro Drive to
Catalina Way.
Mr. Beebe stated that during the construction of the subject
project, there was found that there were no plans for a
driveway on the surveyors grades and locations. In the
construction of the original plans, the driveway aprons were
built too high and had to be removed.
Councilman McPherson moved and Councilman Wilson seconded to
approve Change Order No. 1 to Contract No. 1014. Motion carried unani-
mously.
XIII. OLD BUSINESS
None
XIV. ORAL COMMUNICATIONS
MR. CHARLES TRIPP, 74-232 Aster Street, Palm Desert, addressed
Council asking about the status of the Joint Powers Agreement
between the City of Palm Desert and the College of the Desert
for recreational facilities. He asked if the Council could
encourage the College to move ahead with it, as it was beginning
to look dismal for this year.
Mr. Bouman responded that the agreement with the College is
at present tentative and verbal. It does not involve the City's
participation in any of the atheletic facilities other than the
night lighting. This is the portion that will enable our citizens
to use these facilities at such time the College does not need
them. Preliminary figures discussed indicate that the City might
be asked to contribute somewhere in the neighborhood of $125,000
to $130,000 which tentatively the City Council has agreed to.
We are waiting at the present time for COD to prepare the
more detailed plans for these facilities, at which time we will
prepare to put forth our share. At the same time it is the
City's responsibility to prepare a Joint Powers Agreement
protecting both parties in the event at some future time some-
one has a change of mind. The holdup is the preparation of
the detailed plans being prepared by the College. Mr. Bouman
concluded by assuring Mr. Tripp he would contact the College
to try to expedite things.
XV. REPORTS AND REMARKS
A. CITY MANAGER
None
B. CITY ATTORNEY
None
C. MAYOR AND MEMBERS OF THE CITY COUNCIL
Councilman Wilson asked that the possibility of placing
Oral Communications at the beginning of the Agenda be dis-
cussed by the Council. This would eliminate the problem
such as Mr. Tripp having to wait for over 4 hours to dis-
cuss an unscheduled item.
Mayor Mullins asked that everyone note the future meetings
listed on the Agenda.
January 26, 1978 Page 10
Mr. Williams pointed out that the January 30, 1978,
scheduled meeting of the Parks & Recreation Commission
had been canceled.
XVI. ADJOURNMENT
Councilman Brush moved and Councilman Wilson seconded to adjourn
the meeting. Motion carried unanimously. Mayor Mullins adjourned the
meeting at 11:45 p.m.
(EDWARD D: MULLINS, MAYOR
ATTEST:
SHEILA R. GILLIGAN, Cia Clerk
City of Palm Desert, Califcrnia
January 26, 1978
Page 11