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HomeMy WebLinkAbout1978-10-26MINUTES REGULAR MEETING PALM DESERT CITY COUNCIL THURSDAY, OCTOBER 26, 1973 CITY HALL COUNCIL CHAMBERS * ;'c * ': :': * :': * ;F * * * * * * * * J: * * * * k * * :: ;: :Y * * I. CALL TO ORDER Mayor Mullins convened the regular meeting of the Palm Desert City Council at 7:04 p.m. in.. City Hall Council Chambers. II. PLEDGE - Mayor Pro-Tempore Jim McPherson III. INVOCATION - Mayor Ed Mullins IV. ROLL CALL Present: Councilman Noel Brush :Mayor Pro-Tempore Jim McPherson Councilman Alexis Newbrander Councilman Roy Wilson Mayor Ed Mullins Also Present: Carlos L. Ortega, Assistant to the City Manager Doug Phillips, Deputy City Attorney Paul A. Williams, Director of Environmental Services L. Clyde Beebe, Director of Public Works Paul E. Byers, Director of Management Services V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the Palm Desert City Council of October 12, 1978. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 79-041 and 79-042. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Nancy J. Rickert and Richard M. Romitti for Romitti's Wine Cellar, 73-640 El Paseo, Suite 1 & 4, Palm Desert, California. Rec: Receive and file. D. REQUEST FOR REFUND from Mr. Jack Chiesman in the Amount of *717.64 for an Unused Permit. Rec: Authorize the refund from Account #11-4980-000. Councilman McPherson moved and Councilman Wilson seconded to approve the Consent Calendar as presented. Motion carried unanimously. October 12, 1978 Page 1 VII. PUBLIC HEARINGS A. CONTINUED CASE NOS. C/Z 09-78, DP 13-78, AND 144MF, LEWIS HOMES, APPLICANT: (Continued trom Meeting of September 28, 1978.) Mr. Williams reviewed the Staff Report, indicating that at the Council meeting of September 28th, the applicant had submitted a revised request of PR-5 rather than PR-6. Since this revised plan had not been reviewed by the Planning Commission, Council had elected to refer the matter to the Commission for review, study, and return to the Council with recommendation within 40 days. The Commission had reviewed the issue at their meeting of October 18, 1978, at which time the applicant requested a continuance. However, since the Commission was working with a 40-day deadline, the request for continuance was denied. In Staff's report to the Commission was the con- clusion that there is now a substantial reduction in the number of units requested. However, there are some design concerns that need to be addressed to carry out the develop- ment plan. He reviewed these concerns, pointing out that their solutions had been incorporated into the Special Conditions of Ordinance No. 194. It was Staff's recommen- dation to uphold the findings of the Planning Commission to approve a Change of Zone from Pr-4, S.P., and a revised Development Plan for 232 dwelling units on 70.5 acres. He reviewed the different alternatives with Council which included a continuance if so desired. Mayor Mullins declared the Public Hearing open and invited input in FAVOR of the rezoning. MRS. BETTY WILLIAMS, Division Manager for Lewis Homes, 45-445 Portola Avenue, Palm Desert, addressed Council stating that her request for a continuance stemmed from the fact that they had received their Staff Report late and as a result, were not able to make a quality report to the Planning Commission. She also indicated that the issue had appeared under "Old Business" and was not a Public Hearing. She pointed out that the Design Review Board had reviewed the redesign before the Commission had, and it was their recommendation to the Commission to approve the plan. She did not feel that there was enough emphasis placed on this fact at the Commission meeting. MR. STAN BELLE, Irvine, California, addressed Council as architect for Lewis Homes and explained the newly revised plan. He pointed out that with the approval of PR-5, there would be only 18 more units than PR-4 as a 300 maximum dwelling unit condition could be emposed. MRS. WILLIAMS stated, in summary, that they needed the additional 18 units to keep their cost of housing down. They were trying to provide housing the middle income families could afford. She reviewed different monthly payment schedules as they related to the various costs of the homes they would provide. She respectfully requested Council's approval of the PR-5 with a 300 unit maximum. Mayor Mullins invited input in OPPOSITION to the rezoning and none was offered. He declared the Public Hearing closed. Councilman Wilson stated that he still felt very strongly that PR-4 should be the maximum density inasmuch as this is one of the most choice parcels of land left in the City. It is adjacent to the proposed civic center, the College of the Desert, and it must be a permanent instal- lation of the very highest quality. He was unhappy with the Development Plan as it was presented for PR-3. October 26, 1978 Page 2 Councilman Newbrander stated her concurrence with Council- man Wilson that it should be no higher than PR-4. She felt that this zoning designation should be established and the Development Plan returned to the Planning Commission for further study and redesign, if necessary. Mayor Mullins indicated the lack of affordable housing in our City and stated that this would be an answer to the problem. Councilman McPherson stated that the Council had, in the past, imposed a limit to the number of dwelling units to be permitted, and he could not see where 18 units on that parcel would be that detrimental. He stated that he agreed with Councilman Wilson's statements about only quality development being permitted because of the College of the Desert Specific Plan and that the area should be developed very carefully. However, 18 units would not make that much difference. Discussion ensued as to Special Condition No. 11(a) and 11(d), particularly with regard to the driveways and their setbacks. The applicant, in their redesign, was requesting a reduction from 20' to 8' setbacks (and driveways). However, Council felt that the 20' setback would be neces- sary on driveways directly accessible from the street. Councilman McPherson moved and Mayor Mullins seconded to overrule the recommendation of the Planning Commission and approve the applicant's request by modifying suggested Ordinance No. 194 by: a) Changing the map to read PR-5, S.P. b) Modifying Special Condition No. 1 to a maximum of 300 dwelling units. c) Modifying Special Condition No. 11(d) to read: "Provide 20' setback (and driveway) to all garages that are acces- sible straight in from the street." The following vote was cast: AYES: NOES: ABSENT: ABSTAIN: Brush, McPherson, Mullins Newbrander & Wilson None None Councilman Brush announced that he had received a ruling from the City Attorney relative to a possible conflict of interest in voting on this issue, and he had been advised that he could, indeed, vote on this. B. CASE NO. TT 13,581 - CHUCAHUALA, LTD, APPLICANT: Considera- tion of a Tentative Tract Map to Allow a 118 Lot Subdivision for 117 Condominiums on Approximately 39 Acres Located at the Southeast Corner of the Intersection of Homestead Road and Alamo Drive in the PR-3 (Planned Residential - Max. of 3 du/acre) Zone District. Mr. Williams reviewed the Staff Report indicating that the Council had approved a zone designation of PR-3 on this property at a previous meeting. The applicant has filed a Tentative Tract Map which was reviewed by the Planning Commission which pointed out a few discrepancies. These discrepancies were resolved by the addition of conditions to assure compliance. In addition, the Commission felt that the subdivision would not function unless Mesa View were improved to connect with Alama, and the applicant is being required to make that improvement. The Commission also dealt with the problem of a utility easement within the drainage swale to provide for the potential of a water line for Silver Spur Associates from a possible well site on the proposed City Park to the northeast to the Ironwood Country Club to the south. The October 26, 1978 Page 3 Commission agreed with the applicant that said easement should be a matter of negotiation between the two private parties and therefore, they modified said condition to limit the easement to drainage purposes only. Mr. Williams referred to a letter from Ironwood to the City Council (attached and made a part of these minutes as Exhibit "A") wherein they were requesting the Council's inclusion of the utility easement. After conducting a Public Hearing, the Planning Commission did recommend to the Council approval of this Tentative Tract. Staff recommends approval by Resolution No. 78-130, subject to compliance with conditions. Mayor Mullins declared the Public Hearing open and invited input in FAVOR of the Tentative Tract. MR. HAROLD HOUSLEY, representative of both Ironwood and Chucahuala, addressed Council stating that he would like to make it clear that his comments were on behalf of both clients. He discussed the concern over the utility ease- ment, and he pointed out that Ironwood and Chucahuala had not yet been able to sit down to work out this problem. He felt that it left Chucahuala without negotiating power when they needed right-of-way on Mesa View from Ironwood for the Council to make the utility easement a condition. MR. WALTER GREENBERG, Chucahuala, Ltd., addressed Council stating that his rights would not be protected if the easement were to become a Council directed condition. Mayor Mullins invited input in OPPOSITION to the Tentative Tract and none was offered. He declared the Public Hearing closed. Councilman McPherson stated that he felt the Planning Commission had erred in removing the utility easement in that the potential future well will be used for fire protection which makes it of the utmost importance. To run the line up and down City streets would be of enormous cost, and it is of great concern to the City that it go through the swale. Councilman Newbrander agreed, stating that if it affects the welfare of the public, it is of great concern. Councilman Wilson asked if Special Condition #2 was as reworked by the Planning Condition (pertaining to the easement). Mr. Williams advised that it was. Councilman Wilson moved to waive further reading and adopt Resolution No. 78-130, approving the Tentative Tract subject to compliance with conditions. Councilman Brush seconded the motion. The motion carried on a 4-1 vote, with Councilman McPherson casting a Negative vote. C. CASE NO. C/Z 10-78, MILDA P. BENNETT AND KENNETH BARBIER, APPLICANTS: Request for a Change of Zone from R-1-12,000 (Single Family - 12,000 Sq. Ft. Lots Minimum) to R-2 (Single Family - 4,000 Sq. Ft. Per Dwelling Unit Minimum) Zone Dis- trict on Approximately 1.5 Acres South of Parkview Drive Between Fairhaven and San Juan Drive. Mr. Williams reviewed the Staff Report indicating this was a request for a change of zone to R-2 on a parcel including 5 lots and totaling 5.13 acres on the extension of Parkview and Fairhaven. The lots range in size from larger than 15,000 sq. ft. to 12,000 sq. ft. The appli- cant's request is for a maximum of 15 units. The Planning Commission felt that the R-2 would allow duplexes which would not be conducive to the area nor allow for the amenities package. Therefore, the Planning Commission suggested an alternative of R-2-7,000 which would provide a density of 6.2 dwelling units per acre or a total of 9 dwelling units on the subject property. However, said unit total could not be achieved unless the five lots were consolidated into a single parcel. If the applicant did October 26, 1978 Page 4 not want to consolidate parcels, then single family resi- dences could still be built on each individual lot. Mayor Mullins declared the Public Hearing open and invited input in FAVOR of the rezoning. MR. KENNETH BARBIER, 72-879 Arbolita, Palm Desert, addressed Council stating his appreciation for the consideration of the City and the Planning Commission. He pointed out, however, that the rezoning from R-1-12,000 to R-2-7,000 did not solve his problem, only complicates it. The lots vary in size from 12,000 - 15,000 sq. ft., and he wished to build duplexes and triplexes. To combine the property would be impossible from an expense standpoint. The Coachella Valley County Water District had advised him that if he built on the lots as they exist now, the cost for water and sewer will be the normal cost. However, if the lots are to be combined into one area, the cost would be $32,000 for sewers and $1,600 to $1,700 per unit for water service. He respectfully requested the Council's approval of the R-2-6,000 which would allow duplexes. Mayor Mullins invited input in OPPOSITION to the rezoning, and none was offered. He declared the Public Hearing closed. Councilman Wilson stated his preference to leave the zoning as it was because of the close proximity of the property to existing homes. Councilman Newbrander stated that she had been contacted by many homeowners near this property who were opposed to this rezoning. Councilman McPherson stated that he could not support an R-2-6,000 designation inasmuch as Council was looking for every opportunity to upgrade the area by the College, and he did not feel this was a solution. Councilman McPherson moved to approve a Change of Zone from R-1-12,000 to R-2(7) by waiving further reading and passing Ordinance No. 196 to second reading. Mayor Mullins seconded the motion. Councilman Wilson pointed out that the applicant had indicated that the R-2(7) designation would not resolve his problems, but create a bigger one. Mr. Barbier agreed and stated his con- currence that a continuance to consult with Staff would be helpful to him. Councilman McPherson withdrew his motion, and Mayor Mullins withdrew his second of the motion. Councilman Brush moved to continue the matter to the meeting of November 9, 1978. Councilman Wilson seconded the motion; carried unanimously. MAYOR MULLINS RECESSED THE MEETING AT 8:40 AND RECONVENED IT AT 8:55 P.M. D. CASE NOS. C/Z 11-73 AND DP 14-78 - E. GEORGE MARZICOLA AND D. K. KAVANAUGH, APPLICANTS: Consideration of a Change of Zone from 'S' (Study) to PR-5 (U.A.) (Planned Residential - Max. 5 du/acre, Upon Annexation), PR-7 (U.A.) (Planned Residential - Max. 7 du/acre, Upon Annexation) and a Development Plan to Provide for a 381 Unit Condominium Development on an 80 Acre Portion of the Property Located Easterly of and Adjacent to Cook Street Northerly of the Prolongation of 42nd Avenue. Mr. Williams reviewed the Staff Report and presented renderings of the Development Plan. He pointed out that in their review, the Planning Commission felt that a uniform PR-5 should be applied to the total area desig- nated for residential development vs. a split of densities as requested by the applicants. They agreed with Staff that a scenic preservation overlay should be applied to October 26, 1978 Page 5 that portion of the property along Cook Street. From the standpoint of the General Plan, the request is a major consideration because the proposed S.I. Zone dis- trict request establishes the maximum northerly limits of said area to something less than specified on the land use map of the General Plan and defines the easterly limits of the service industrial area. Also, the request provides for the transition from Industrial to Residential at Hovely and 42nd Avenue, very similar to the northerly limits of Service Industrial west of Cook Street. Mr. Williams reviewed two major changes the Commission had felt necessary to the Development Plan which had been resolved in Special Condition No. 3 and No. 12 of the proposed Ordinance No. 195. In conclusion, Mr. Williams stated that it was Staff's recommendation to approve the Change of Zone to PR-5 and the Development Plan limiting the number of units to 380, subject to compliance with conditions. Councilman Newbrander asked Mr. Williams if this was a sand dune area, and he replied that it was Mayor Mullins declared the Public Hearing open and invited input in FAVOR of the project. MR. GEORGE MARZICOLA, 73-743 Highway 111, Palm Desert, addressed Council as the applicant. He stated their substantial concurrence with the Staff and Planning Commission. MR. DON KAVANAUGH, 1143 Kiberly Place, Redlands, California, addressed Council as the applicant, stating his concurrence with Staff. In response to Councilman Wilson's question, he stated that the houses proposed will range in price from $43,000 to $53,000. Councilman Newbrander asked Mr. Kavanaugh if he didn't feel that a 3 bedroom home would be really jammed into 1,153 sq. ft. He stated that he did not feel it would Councilman McPherson asked whether or not the developer had any clients for the Service Industrial area. Mr. Marzicola stated that there were no specific commitments as yet, but a great deal of interest. Mayor Mullins invited input in OPPOSITION to the project, and none was offered. He declared the Public Hearing closed. Councilman Wilson moved and Councilman McPherson seconded to waive further reading and pass Ordinance No. 195 to second reading, approving a Change of Zone from S to PR-5 (U.A.), PR-5, S.P. (U.A.), S.I., S.P. (U.A.) and S.I. (U.A.) and a Development Plan for a maxi- mum of 380 dwelling units, subject to compliance with conditions. Motion carried unanimously. E. PALM DESERT'S PARTICIPATION in the 5th Year Housing and Community Development Program. Mr. Ortega reported that this was a Public Hearing of our City's participation in the Housing and Community Develop- ment Program. The Council had previously held another hearing for receipt of public input on October 12, 1978. The next year's program is anticipated to give our City $48,000 with approximately $50,000 during the next two years. Some suggestions from the public during the previous hearing had included neighborhood park improve- ment, a senior citizens' center, and drainage improvement. In addition, suggestions have been received from the City's Citizens' Recreation Advisory Committee. October 26, 1978 Page 6 Mayor Mullins declared the Public Hearing open and invited input from the public. MR. HENRY WITHROW, Representative from R.S.V.P., noted the letter he had submitted to the Council (attached and made a part of these minutes as Exhibit "B"). With no further input offered, Mayor Mullins closed the Hearing. Mr. Ortega stated that he would be presenting all of the sug- gestions received on applications to the Program. He would be in Riverside the following day to discuss them with the Housing and Community Development Program Office. F. REQUEST TO VACATE a Portion of the Old Highway 74 Passing on the Southerly Side of Sambo's Restaurant, Easterly of Highway 74. Mr. Beebe reported that at the Council's last meeting, they had adopted a resolution setting the time and place for this hearing. However, the City Clerk had pointed out that this would not allow enough time required to legally advertise the hearing. Therefore Staff was recommending to open the Public Hearing, receive any input, and continue the hearing to the meeting of November 30, 1978, since the regular Council meeting would fall on November 23, 1978, which was Thanksgiving. Mayor Mullins declared the Public Hearing open and invited input from the public. MR. CHARLES HAVER, Engineer for the Project, addressed Council explaining that this is a vacation just to accomplish those things in the Conditional Use Permit. Councilman Brush moved and Councilman Wilson seconded to change the date of the next regular meeting of the City Council to November 30, 1978, to accommodate the Thanksgiving Holiday, and to continue the Public Hearing to that date. Motion carried unanimously. VIII. RESOLUTIONS A. RESOLUTION NO. 78-131 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND AUTHORIZING THE DESTRUCTION OF FILES FROM THE DEPARTMENT OF ENVIRONMENTAL SERVICES THAT HAVE BEEN MICRO- FILMED Mr. Ortega reported that this was a housekeeping item wherein records that had been kept for the legally required time had been microfilmed and could now be destroyed. Councilman Brush moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 78-131. Motion carried unanimously. B. RESOLUTION NO. 78-132 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1978-79 BUDGET TO PROVIDE FOR CLOSING COSTS PERTINENT TO THE DONATION AND DEDICATION OF LANDS FROM SILVER SPUR ASSOCIATES. Mr. Ortega reported that at the last meeting, Council considered acceptance of deeds for 2 of 3 parcels dedi- cated by Ironwood. The escrow instructions agree that we will pay a portion of the closing costs, of which our share is $150. Since the escrow has not yet closed, this resolution would set aside $200 in anticipation that it may be slightly more than the preliminary estimate of $150. Councilman Brush moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 78-132. Motion carried unanimously. October 26, 1978 Page 7 C. RESOLUTION NO. 78-133 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF CERTAIN DEEDS FOR PROPERTY PURCHASED BY THE CITY IN ACCORDANCE WITH THE C.O.D. SPECIFIC PLAN AND DIRECT- ING THE CITY CLERK TO RECORD SAID DEEDS. Mr. Ortega reported that Staff is moving along with the C.O.D. Specific Plan acquisitions. This is another resolu- tion accepting another set of lots to fulfill the Specific Plan. Councilman Wilson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 78-133. Motion carried unani- mously. IX. ORDINANCES For Introduction: A. ORDINANCE NO. 197 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 5.04.210 OF THE CODE OF SAID CITY, AND REPEALING CONFLICTING SECTIONS PERTAINING TO PAYMENT AND TERM OF BUSINESS LICENSES IN THE CITY Mr. Ortega reported that this ordinance was in accordance with a recommendation by the City's auditor for the pur- pose of extending renewal licenses throughout the year. The Code Enforcement Supervisor has recommended the changes as specified in the proposed Ordinance No. 197, and Staff recommends approval. Councilman Newbrander moved and Councilman Brush seconded to waive further reading and pass Ordinance No. 197 to second reading. Motion carried unanimously. For Adoption: None X. CONSENT ITEMS HELD OVER None XI. CONTINUED BUSINESS None XII. NEW BUSINESS A. REQUEST FOR APPROVAL of an Agreement for Architectural Services with the Firm of Wexler/Urrutia A.I.A. & Associates for the Future Palm Desert Fire Station. Mr. Ortega reported that Council had previously authorized negotiations for this agreement. In addition to the basic agreement presented tonight, a further addendum to the agreement has been received which specifically satisfies some concerns in the definitions of the scope of the pro- ject to be worked on. The City Attorney has reviewed the Agreement and also recommends approval. Councilman Wilson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 78-129, approving the Agreement and authorizing the Mayor to sign. Motion carried unanimously. B. REQUEST FOR APPROVAL of an Agreement with Mainiero, Smith and Associates, Inc. for Engineering Services for the Portola Avenue Storm Drain at Haystack Avenue. Mr. Beebe reported that this project is to design and size the storm drain under Portola Avenue just southerly of Haystack Avenue. Three proposals were received with Mainiero, Smith and Associates submitting the low bid of $5,000.00. The storm drain outlet is a continuation of the Haystack Storm Drain Channel that runs northerly of October 26, 1973 Page 8 and parallel to Haystack Avenue and along the southerly side of the Marrakesh Community. Councilman Newbrander moved and Councilman McPherson seconded to approve the Agreement and authorize the Mayor and City Clerk to execute. Motion carried unanimously. C. REQUEST FOR AWARD OF CONTRACT NO. 1020 to Massey Sand & Rock Company for the Monterey Avenue Curb & Gutter Project. Mr. Ortega reported that the proposed Resolution No. 78-135 provided for the extra money required to accomplish this work. In doing so, it recommends and provides for the elimination of a couple of other projects. Mr. Beebe stated that this was an improvement project of Monterey Avenue and Parkview. Massey Sand & Rock Company had submitted the low bid of $213,488.75, with Allred & Kyser submitting a bid of $230,370.25. The bids were basically within reason, and since the cost of construction has been unstable, it was felt better to call for bids prior to requesting appropriation of funds. Therefore, an additional $80,000 is being requested to fund this project. Councilman McPherson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 78-135. Motion carried unanimously. Councilman Wilson moved and Councilman McPherson seconded to award the contract to Massey Sand & Rock Company and authorize the Mayor and City Clerk to execute. Motion carried unanimously... XIII. OLD BUSINESS A. REQUEST FOR APPROVAL of Final Tract Map 12556, Transcopic Development Corporation, Applicant. Mr. Beebe reported that this was a tract located at the northwest corner of Cook Street and 44th Avenue with 81 lots on 13.5 acres. The developer has posted the neces- sary agreements. Mr. Ortega advised that the City Attorney had delivered the required bonds to the City Clerk that evening. Councilman McPherson moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 78-134. Motion carried unanimously. XIV. ORAL COMMUNICATIONS MR. EDWARD J. PATTERSON, District Director of the Children's Home Society of California, addressed Council to advise them of a proposed home for youth in Palm Desert. He gave a brief background of the Society stating that it was formed in 1891 devoting its efforts primarily to homeless children. From 1891 to 1946, the services were enlarged to meet whatever needs children had in communities. In January of 1977, a study of the Coachella Valley brought forth a need for a group home in the desert. This will be essentially a group home for youth before they get into trouble with the law, a home to work with families and children to strengthen families, and a cooling off place for children out of parental control. Councilman Newbrander asked who would refer these children, and Mr. Patterson responded that it might be the police, a youth council, schools, families, but not courts as their agency is geared to work with the children to prevent them from going through court. Councilman Brush stated that he was very familiar with the agency and could not speak more highly of them. October 26, 1978 Page 9 MR. ARDEN H. BERG, Community Representative of the Sign Users Council of California, addressed Council in reference to their letter of October 17, 1978, which requested that the Council and the Sign Users sit down for a constructive exchange of ideas as to alternatives to the Council's Resolution No. 78-83 adopted on June 22, 1978. He suggested alternatives such as allowing existing nonconforming signs until a business use changes, until more than 50% of a sign is damaged or in a state of disrepair, or until the business changes owners. He respectfully requested the Council's acceptance of these alternatives or if not, possible alternatives from the City. He pointed out that his group did not want to go into the legal arena inasmuch as these cases can go on and on and costs for both sides will be very high. Mayor Mullins pointed out that he had received the letter on October 19th with a request for response within 10 days. Since the Council had not met in Study Session to discuss the matter until this evening, it had not been possible to prepare a response. Councilman McPherson pointed out that it would be difficult to meet the 10-day response time and asked it Council could be allowed to November 10th. Mr. Berg agreed that the loth would be fine. XV. ORAL COMMUNICATIONS A. CITY MANAGER 1. RESOLUTION NO. 78-136 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE CALLING FOR BIDS FOR THE MONTEREY AVENUE RESTORATION IN THE WHITEWATER WASH AREA. Mr. Beebe reported that he had been officially advised by the State that our project had been approved by them to reconstruct that portion of Monterey Avenue that had been washed out last January during the heavy rains and flooding. This work will be done in conjunction with the City of Rancho Mirage. A right- of-way entry agreement has been worked out with Sunrise Corporation, and all systems are "go" Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 78-136. Motion carried unanimously. 2. RESOLUTION NO. 78-137 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1978/79 BUDGET TO PROVIDE FOR A CONTRIBUTION TO THE PALM DESERT VOLUNTEER FIRE DEPARTMENT. Mr. Ortega reported that the Palm Desert Volunteer Fire Department had experienced some unexpected equipment problems. Without their assistance in our city, we would be in bad shape. The Council has instructed us to see what we can do to assist this organization, and we would like to recommend such assistance in the form of a contribution, by Resolution No. 78-137, of $1,110.17 for repair of their equipment. Councilman Brush moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 78-137; carried unani- mously. 3. Mr. Ortega reported that the Sunline Board has forwarded a letter indicating that the City must set a time and place to conduct a hearing on our unmet transportation needs if we want to determine them ourselves. If we do not conduct our own hearing, the County Transportation Commission will determine the unmet needs. October 26, 1978 Page 10 Councilman Newbrander moved and Councilman Brush seconded to establish November 30, 1978, at 7:00 p.m. as the time and place to conduct a hearing on the City's unmet transportation needs. Motion carried unanimously. 5. Mr. Ortega stated that.the Personnel Ordinance does not provide for a holiday when it falls on a Saturday. Staff is requesting that Council authorize the Mayor to declare Friday, November 10th, as a holiday to observe Veterans' Day which falls on November llth. Councilman Wilson so moved and Mayor Mullins seconded the motion. Motion carried unanimously. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Mullins stated that he had just received word that the School Advisory Committee had selected a 5th member for their committee — Mrs. Charlotte Flores, 44-586 San Jose, Palm Desert. She has been very active in all civic affairs and is the mother of two children. Councilman Wilson moved and Councilman Brush seconded to appoint Mrs. Charlotte Flores as the 5th member to the School Advisory Committee. Motion carried unanimously. FUTURE MEETINGS: Mr. Williams noted the following additions to the meeting schedule: October 30, 1978 7:00 p.m. Parks & Recreation Commission City Hall Council Chambers October 31, 1978 5:00 p.m. Planning Commission Study Session City Hall Administrative Offices 7:00 p.m. Planning Commission Meeting City Hall Council Chambers XVI. ADJOURNMENT Councilman Brush moved and Councilman Wilson seconded to adjourn the meeting. Motion carried unanimously. Mayor Mullins adjourned the meeting at 10:05 p.m. / i 1 i RD D. MULL N ,"MAYOR ATTEST: / - _ �� 7— `SH ILA�R. GI GAN, cm CLERK CITY OF PALM DESERT, CALIFORNIA October 26, 1978 Page 11 EXHIBIT "A" °EIVE 3't� oCT 2 0 1973 LM DESEF C,TY C?'-' ' October 18, 1978 The Honorable City Council City of Palm Desert Palm Desert, California 92260 Re: Case No. TT 13581 Dear Members of the Council: The Planning Commission recently approved the above -referenced tentative tract. One of the special conditions recommended by the City Staff, but denied by the Planning Commission, was that the developer of this tract provide an easement through the swale in this tract to Silver Spur Associates. The easement was requested in the event Silver Spur Associates found it necessary to construct a water line from a future well in the 15.3 acre park site (to be dedicated to the City) to the northern boundry of its property. The above -mentioned swale would provide a direct line from a potential well to Silver Spur Associates' property. The alternative to an easement through the swale would be an easement through public streets. The probable course of this alternative easement would be down Skyward and up Alamo to Silver Spur Associates' property. We believe it the potential the tentative we would like is in the best interests of the community to avoid disruption of public streets, particularly when tract 13581 swale easement is available. Further, to point out that it would require much more energy to pump water through the public streets than through the swale, which we believe also not to be in the public interest. We respectfully request the Council to reinstate the special condition that the developer of tentative tract 13581 grant an easement to Silver Spur Associates through the swale in said tract for the purpose of constructing an underground water line, if required. If it were deemed necessary to construct a water line, Silver Spur Associates would agree to return the property affected by such construction to the same condition it was in prior to said construction. Res I tfulj., submitted, . E. well Vice President of Finance RET me IRONWOOD 49-200 MARIPOSA DRIVE PALM DESERT CALIFORNIA 92260 (714) 346-0551 October 26, 1978 Page 12 EXHIBIT "B" I(ETIRED ENNHOR JOLUNTEER PROGRAM SERVING THE COAC1(ELLA VALLEY 66 - 350 PiERSON BLVD. DESERT HOT R!NGS, CALFORNI 92240 T. i '.iicne229 - 3622 � c October 24,19 Honorable Mayet, Mr. Ed Mullins & City Council Members City of Palm Dessert 45-275 Prickly Tear Lane Palm Desert, CA' 92260 Dear Mayor: RECEIVE OCT 25 1978 PALM DESERT CITY HALL CITY CLERK'S OFFICE Re: Block grant funds I am reasonably certain that a human needs element added to your cities general plan would amply demonstrate that the percentage of elderly persons within the population mix is far above the national average, many of them come here for a variety of reasons and do not have the resources to parti- cipate in spor •s or social club activities at a time when they have increased free time, often at a time of decreasing physical capacity and growing isolat- ion. • _. s In recosinVtion of this I urge serious consideration be given towards plan- ning and building a multi -purpose senior center in the vicinity of the Civic Center complex; a • The senior center can serve as the base for coordinating and creating community resources for the elderly poor. The center can provide social, recreational; tounceling, health, nutrition and housing assistance. The center can through its programs help the elderly become involved and continue to contri- bute to the community. As elected public officials faced with decisions affecting many special interests, you have my sympathy, and trust, that serious consideration will be given to the3-Weeds of the elderly. HW: ga yn st cc: Martin"BOLman/City Mgr. • Very truly yours, Henry )di throwlDi rector R.S.V.P. Coachella Valley October 26, 1978 Page 13