HomeMy WebLinkAbout1979-06-28MINUTES
REGULAR MEETING
PALM DESERT CITY COUNCIL
THURSDAY, JUNE 28, 1979
CITY HALL COUNCIL CHAMBERS
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I. CALL TO ORDER
Mayor Mullins called the Regular Meeting of the Palm Desert City
Council to order at 7:00 p.m. on Thursday, June 28, 1979, in City Hall
Council Chambers.
II. PLEDGE - Mayor Pro-Tempore James E. McPherson
III. INVOCATION - Mayor Edward D. Mullins
IV. ROLL CALL
Present:
Councilman Noel J. Brush
Mayor Pro-Tempore James E. McPherson
Councilman Alexis Newbrander
Councilman S. Roy Wilson
Mayor Edward D. Mullins
Also Present:
Martin J. Bouman, City Manager
Paul A. Williams, Director of Environmental Services
L. Clyde Beebe, Director of Public Works
Paul E. Byers, Director of Finance
Carlos L. Ortega, Assistant to the City Manager
Larry R. McAllister, Administrative Assistant
Jeffrey Patterson, Deputy City Attorney
V. AWARDS, PRESENTATIONS, AND APPOINTMENTS
Non e
VI. CONSENT CALENDAR
A. MINUTES of the Regular Meeting of the City Council of
June 14, 1979.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos
79-114, 79-121, and 79-122.
Rec: Approve as presented.
C. LETTER OF RESIGNATION FROM MR. FRANK URRUTIA From His
Position On The Design Review Board.
Rec: Receive and accept with regrets.
D. REQUEST FOR REFUND OF PRIOR YEAR'S REVENUES From McDermott
Enterprises In the Amount of *1,693.00.
Rec: Approve the request and authorize the refund
from Account No. 31-4999-000.
June 28, 1979 Page 1
VI. CONSENT CALENDAR (Continued)
E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Ingrid B. &
Ronald T. Brown for STRAW HAT PIZZA RESTAURANT, Palms To
Pines Village, Highway 111/Highway 74/El Paseo, Palm Desert,
California.
Rec: Receive and file.
F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Southland
Corporation for 7-Eleven Store, 73-800 Highway 111, Palm
Desert, California.
Rec: Receive and file.
G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE & AMENDMENT By
Nancy J. Rickert & Richard M. Romitti for ROMITTI'S WINE
CELLAR, 73-640 El Paseo, Palm Desert, California.
Rec: Receive and file.
H. REQUEST FOR APPROVAL OF FINAL MAP FOR TRACT NO. 13323, KINGS
POINT CONDOMINIUM PROJECT, APPLICANT.
Rec:
Waive further reading and adopt Resolution No.
79-76, approving the Final Tract Map for Tract
No. 13323.
Councilman Brush requested that Item "C" be removed from the
Consent Calendar for discussion under Section X, "Consent Items Held
Over".
Councilman Wilson moved and Councilman McPherson seconded to
approve the Consent Calendar as presented with the exception of Item
"C". Motion carried unanimously.
VII. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL OF MANAGER'S PROPOSED BUDGET FOR
FISCAL YEAR 1979-80.
Mr. Bouman reviewed the proposed Fiscal Year 1979-80
Budget, pointing out that the total anticipated revenues
from all funds was $5,038 Million; total proposed budgeted
operating expenditures for all departments was $2.533 Million;
and the total proposed Capital Improvements budgeted was
$2.689 Million which represented the first year of a five
year Capital Improvement Program. The Budget anticipates
a 1979/80 year-end balance of $2,779,199, plus $190,000
in receivables. He pointed out that the proposed budget
included the recommendation for a 10.29 cost -of -living
increase for all City employees. He stated that Council
was very familiar with the Budget in that it had taken
2-1/2 months of preparation, during which time Council
had reviewed it on numerous occasions in Study Session.
Mayor Mullins declared the Public Hearing open and invited input
in FAVOR of the proposed Budget. None was offered. He invited
input in OPPOSITION to the proposed Budget, and none was offered.
He declared the Public Hearing closed.
Councilman Brush noted his opposition to the budgeted amount
of $10,000 for the Historical Society and $15,000 for
Christmas decorations. He also opposed the $20,000 budgeted
for paving of the parking lot at the Community Park in that
it would become a speedway. He stated that the total of
these figures or $45,000 could be utilized for more justifi-
able things such as increasing staff in the Building Depart-
ment.
MR. HAL KAPP addressed Council on behalf of the Historical
Society, noting that the total amount of the Society's
project to capture Palm Desert's history now on slides
and literature would be $20,000, $10,000 of which they
would raise. Mayor Mullins and Councilman Newbrander
voiced their support of accomplishing this effort now
before tr :,ity .was any older.
June 28, 1979
Page 2
VII. PUBLIC HEARINGS (Continued)
A. BUDGET HEARING (Continued)
Councilman Newbrander stated her opposition to the increased
amount for police protection in that she did not feel the
City was getting its money's worth now.
Councilman Wilson stated that Council had gone over these
individual items at great length, and he felt comfortable
with the budget as it was proposed. He felt that each had
his own dispute with certain areas, but the items of Com-
munity Services were a bargain in his opinion.
Councilman Wilson moved and Councilman McPherson seconded to
waive further reading and adopt Resolution No. 79-65, adopting a
Budget for the Fiscal Year July 1, 1979, through June 30, 1980.
Motion carried on a 4-1 vote with Councilman Brush voting NO for the
reasons he stated.
B. REQUEST FOR DETERMINATION ON NECESSITY OF EMINENT DOMAIN
PROCEEDINGS FOR PROPERTY ACQUISITION.
Mr. Ortega explained that this went back to consideration
of the C.O.D. Specific Plan and involved not only physical
implementation but right-of-way required for widening of
streets. He stated that the Planning Commission had drawn
up the plan and adopted it, and subsequently, the City
Council had done the same as well as authorizing Staff to
immediately begin to acquire properties spelled out in the
Plan. The proceedings dealt with in this hearing were for
property needed for the widening of Monterey. Many of the
required lots have been purchased; however, some have not.
He concluded by stating that it was necessary for Council
to determine the necessity of acquiring these lots for
public interest. By adoption of the proposed resolution,
Council would start the process whereby the public interest
can be served by obtaining these lots through legal procedure.
Price would be determined at another time.
Mayor Mullins declared the Public Hearing open and invited input
in FAVOR of the request. None was offered. He invited input
in OPPOSITION to the request, and the following was offered:
MR. WILLIAM BOLLMAN, Indio, California, addressed Council
stating that he had owned the lots for 18 years. He felt
that the City should buy a portion of his two lots and
rezone them for multi -residential so that apartments could
be built in an area that badly needed them. He also ques-
tioned why the City would be willing to purchase all 4 of
his lots as expressed in a letter to him from Mr. Ortega
when only two were needed.
Mr. Ortega responded that several alternatives had been
discussed with Mr. Bollman, including the purchase of not
four, but five lots. This was done because Mr. Bollman
felt he would be suffering a hardship in breaking up the
parcel, and the City was trying to accommodate him.
Mr. Bollman asked why this particular side of Monterey was
being used when both sides could be utilized and less land
taken from each lot. Mr. Bouman responded that much inves-
tigation had gone into the engineering of the widening pro-
posed, and it was for good sound reason that only one side
could be utilized.
MR. BINGHAM, Trust Department, Bank of American, addressed
Council on behalf of a trust which was co-owner of the
property Mr. Bollman had discussed.
Mr. Ortega noted two additional letters of opposition
received, attached and made a part hereof as Exhibit "A".
KILGORE ENTERPRISES CUSTOM FEEDERS
10462 Tennessee Avenue, Los Angeles, Ca. 90064
Regarding Lots #313 and #314
June 28, 1979
Page 3
VII. PUBLIC HEARINGS (Continued)
B. EMINENT DOMAIN REQUEST (Continued)
MRS. KATHERINE L. DAY
436 Bellflower, No. 306, Long Beach, Ca. 90814
Regarding Lot #156
A representative of Eli Birer Realtors, Palm Desert, who
had just sold Lot #314 as mentioned in Mr. Kilgore's letter
addressed Council stating his opposition.
Mayor Mullins declared the Public Hearing closed.
Councilman Newbrander moved and Councilman Brush seconded to
waive further reading and adopt Resolution No. 79-66, finding and
determining that public interest and necessity require acquisition of
property and authorizing an action in Eminent Domain. Motion carried
unanimously. Councilman Brush emphasized that no one was, at this
time, setting any price on any of these lots. The courts would decide
the price; the City was not trying to steal anything.
C. CONSIDERATION OF AN AMENDMENT TO THE ZONING ORDINANCE TEXT
RELATIVE TO THE DESIGN REVIEW BOARD COMPOSITION. CASE NO.
ZOA 1-79.
Mr. Williams advised that this requested amendment to the
Zoning Ordinance would provide for the addition of two
architects to the Design Review Board to provide improved
technical member attendance. The Planning Commission had
approved the amendment by their Resolution No. 494 and had
additionally added a section requiring mandatory attendance.
Mayor Mullins declared the Public Hearing open, and invited input
in FAVOR of the amendment. None was offered. He invited input
in OPPOSITION to the amendment, and none was offered. He
declared the Public Hearing closed.
Councilman Brush questioned the number of architects in
town, and Mr. Williams responded there were approximately
a dozen. Councilman Brush stated he had several reserva-
tions about this ordinance and would prefer to see it
continued for further discussion.
Mayor Mullins pointed out that it had been discussed in
Study Session several times with the feeling that the
addition of more architects would enhance the ability of
the DRB. He also pointed out that it was difficult for
these individuals to always be in attendance, and their
input was of great value to the Board. The addition would
ensure an architect's presence.
Councilman Brush stated that he felt it was like the story
about politicians — elect attorneys because they make better
laws.
Councilman Wilson stated that this had been reviewed several
times to his satisfaction in Study Session and moved to waive further
reading and pass Ordinance No. 210 to second reading. Motion carried
on a 4-1 vote with Councilman Brush voting NO.
VIII. RESOLUTIONS
A. RESOLUTION NO. 79-67 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1978/79
BUDGET TO PROVIDE FOR THE ESTIMATED INCREASED COSTS OF THE
SAN PASQUAL IMPROVEMENT PROJECT.
Mr. Bouman requested and Council agreed to consider this
resolution along with Item "A" under Old Business as they
were directly related.
Mr. Bouman reported that Staff had called for and received
bids for the San Pasqual Improvement Project with the low
bidder being Massey Sand and Rock Company at $91,934.50.
The 1978/79 Budget provides for $47,707 in the Community
Developm Fund and $40,000. in the 1--06 Gas Tax Fund
l
VIII. RESOLUTIONS (Continued)
A. RESOLUTION NO. 79-67 (Continued)
for this project. Since the low bid is approximately
$10,000 higher than the amount budgeted, Staff is
requested the transfer of $8,250 from the unencumbered
balance of the appropriation for the DeAnza and San Carlos
Intersection Project and the transfer of $1,750 from the
unencumbered balance of the appropriation for the 1978/79
Street Resurfacing Program.
Councilman McPherson moved and Councilman Newbrander moved to
waive further reading and adopt Resolution No. 79-67. Motion carried
unanimously.
*XIII. OLD BUSINESS
A. REQUEST FOR AWARD OF BID FOR SAN PASQUAL AVENUE IMPROVEMENT
PROJECT. (CONTRACT NO. 1023)
Mr. Bouman stated that this would authorize the Mayor and
City Clerk to execute the contract as called for in the
prior resolution.
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.
VIII. RESOLUTIONS (Continued)
B. RESOLUTION NO 79-68 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION
NO. 77-151 AND AUTHORIZING AND AGREEING TO FURNISH GROUP
HEALTH AND LIFE INSURANCE COVERAGE WITH BLUE CROSS OF SOUTHERN
CALIFORNIA AND PHOENIX MUTUAL INSURANCE COMPANIES, GROUP DEN-
TAL INSURANCE COVERAGE WITH MISSION DENTAL HEALTH PLAN, AND
GROUP VISION INSURANCE COVERAGE WITH VISION SERVICE PLAN.
Councilman Brush noted that this had been discussed numerous
times in Study Session and moved to waive further reading and adopt
Resolution No. 79-68. Councilman McPherson seconded the motion; carried
unanimously.
C. RESOLUTION NO. 79-69 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A TABLE
OF AUTHORIZED POSITIONS FOR THE 1979/80 FISCAL YEAR.
Mr. Bouman explained that this resolution was directly
related to the Budget adoption. It established the posi-
tions by department so that regardless of what is put in
the Budget for the City Manager to spend, the Manager may
not take various positions and interchange them from
department to department. What Staff has presented as a
workload is indeed accurate and should that change, the
Manager would have to come back to Council to ask for a
change in this Table.
Councilman McPherson moved and Councilman Wilson seconded to
waive further reading and adopt Resolution No. 79-69. Motion carried
unanimously.
D. RESOLUTION NO. 79-70 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION
NO. 78-80, RESOLUTION NO. 78-139, RESOLUTION NO. 79-11, AND
THUS ESTABLISHING A REVISED TABLE OF SALARY RANGES FOR
CLASSIFICATIONS AND POSITIONS, A SALARY SCHEDULE, POSITIONS
EXEMPT FROM OVERTIME PROVISIONS, MILEAGE REIMBURSEMENT, AUTO
ALLOWAACES, SERVICE CLUB MEMBERSHIPS, PROVISIONS FOR LONGEVITY
ADVANCEMENTS, AND BI-ANNUAL PHYSICAL EXAMINATIONS.
Councilman Brush moved and Councilman McPherson seconded to waive
further reading and adopt Resolution No. 79-70; carried unanimously.
*'Item taken out of order.
June 28, 1979 Page 5
VIII. RESOLUTIONS (Continued)
E. RESOLUTION NO. 79-71 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A FIVE-YEAR
CAPITAL IMPROVEMENT PROGRAM.
Mr. Bouman noted that there were no changes to this Program
since Council had reviewed it previously. It was a very
ambitious program, and the City has money to do it.
Councilman Newbrander moved and Councilman Brush seconded to
waive further reading and adopt Resolution No. 79-71. Motion carried
unanimously.
F. RESOLUTION NO. 79-72 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE ACCEP-
TANCE OF A DEED FROM SILVER SPUR ASSOCIATES FOR AN APPROXI-
MATELY 15 ACRE PARK SITE.
Mr. Bouman stated that this was another matter with which
the Council was familiar. It deals with the dedication of
a park site by Ironwood which previously had a clouded title
This title has now been cleared, and the City has been asked
to accept it.
Councilman McPherson moved and Councilman Brush seconded to
waive further reading and adopt Resolution No. 79-72. Motion carried
unanimously.
G. RESOLUTION NO. 79-73 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE CITY'S
SB-325 CLAIM (LOCAL TRANSPORTATION FUND) FOR THE 1979/80
FISCAL YEAR.
Mr. Bouman reported that this is a procedural routine
the City has to follow in order to make claim to the State
to get entitlement monies. Deducted from this is the
City's share of Sunline support including some $6-7,000
which has been mandated by Riverside County Transportation
Commission for an experimental program for the transporta-
tion of handicapped persons. This is a good news resolution
in that it will bring the City about $156,000.
Councilman Newbrander moved and Councilman Brush seconded to
waive further reading and adopt Resolution No. 79-73. Motion carried
unanimously.
H. RESOLUTION NO. 79-74 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, PROPOSING THE FORMATION OF AN ASSESSMENT DISTRICT
UNDER THE LANDSCAPING AND LIGHTING ACT OF 1972, KNOWN AS
LANDSCAPING AND LIGHTING DISTRICT NO. 2. (LEWIS HOMES)
Mr. Beebe reported that a street lighting district and
maintenance district for landscaping on the Haystack Road
project, Tract No. 11631 for Lewis Homes, was being proposed.
It will enable the City Engineer to present at the next
Council Session a map and an investigation of the act so
that it would be up for Council approval. This resolution
authorizes the Public Works Department to procure the neces-
sary information and indicates Council's intent to form the
District.
Councilman Wilson moved and Councilman McPherson seconded to
waive further reading and adopt Resolution No. 79-74. Motion carried
unanimously.
I. RESOLUTION NO. 79-75 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, MAKING APPLICATION TO
THE LOCAL AGENCY FORMATION COMMISSION FOR A CHANGE OF ORGANI-
ZATION KNOWN AS "PALM DESERT ANNEXATION NO. 10", PURSUANT TO
SECTION 35140 OF THE STATE GOVERNMENT CODE.
Mr. Williams reported that the City had received a petition
for annexation of 39+ acres to the City. It is contiguous
June 23, 1979 Page 6
VIII. RESOLUTIONS (Continued)
I. RESOLUTION NO. 79-75 (Continued)
to the existing City boundaries and is in our Sphere of
Influence. Staff recommends that Resolution No. 79-75 be
adopted, authorizing Staff to make application.
Councilman McPherson moved and Councilman Wilson seconded to
waive further reading and adopt Resolution No. 79-75. Motion carried
unanimously.
MAYOR MULLINS CALLED A 10 MINUTE RECESS AT 8:20 P.M. HE
RECONVENED THE MEETING AT 8:30 P.M.
IX. ORDINANCES
For Introduction:
None
For Adoption:
A. ORDINANCE NO. 208A - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107,
THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM PR-1, D.,
S.P. (PLANNED RESIDENTIAL, MAXIMUM 1 D.U./AC., DRAINAGEWAY,
FLOODPLAIN, WATERCOURSE OVERLAY, SCENIC PRESERVATION OVERLAY)
TO PR-5, S.P. (PLANNED RESIDENTIAL, MAX. 5 D.U./AC., SCENIC
PRESERVATION OVERLAY); PR-1, D. TO PR-5; AND PR-7, D. TO
PR-5, ON PROPERTY CONTAINING APPROXIMATELY 101.5 ACRES AND
RELATED DEVELOPMENT PLAN PROVIDING FOR 805 DWELLING UNITS
IN A COMBINATION OF SINGLE-FAMILY, DUPLEX, AND TOWNHOUSES,
SOUTH OF THE EXISTING FLOOD CONTROL DIKE, EXTENDING SOUTH TO
THE SOUTHERN CITY LIMITS. CASE NOS. C/Z 04-79 & DP 04-79.
Mr. Bouman stated that as he had reported to Council earlier,
a complaint has been filed in Court by the City of Indian
Wells seeking us not to proceed with this action.
Councilman Wilson moved and Councilman McPherson seconded to
waive further reading and adopt. Motion carried on the following
vote:
AYES: McPherson, Wilson & Mullins
NOES: Newbrander
ABSENT: None
ABSTAIN: Brush
Councilman Brush noted that he had not been present at the
prior meeting and thus abstained from voting. Councilman Newbrander
voted NO during the Public Hearing and first reading of the ordinance.
B. ORDINANCE NO. 209 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, REGULATING THE USE OF PUBLIC
PARKS WITHIN SAID CITY AND PROVIDING FOR THE ISSUANCE OF A
PERMIT.
Mr. Bouman reported that this is an ordinance that regulates
a permit application and certain activity control in City
parks. No further input had been received since first
reading.
Councilman McPherson moved and Councilman Newbrander seconded to
waive further reading and adopt Ordinance No. 209. Motion carried
unanimously.
X. CONSENT ITEMS HELD OVER
C. LETTER OF RESIGNATION FROM MR. FRANK URRUTIA From His
Position On The Design Review Board.
Councilman Brush stated that he had asked for discussion on
this in that Frank Urrutia was one of the original members
of the Design Review Board — since 1975. He spent a good
June 28, 1979 Page 7
X. CONSENT ITEMS HELD OVER (Continued)
C. (Continued)
deal of time on it, and everyone will agree that he did
an excellent job for which he should be highly commended.
Councilman Brush stated that he and the Council were sorry
to see him leave and sorry that he had not thanked him
sooner than this.
Councilman Wilson asked Staff to prepare a resolution
stating Council's appreciation for Mr. Urrutia's efforts.
Councilman Brush moved and Councilman Wilson seconded to
receive Mr. Urrutia's letter and accept it with regrets. Motion
carried unanimously.
XI. CONTINUING BUSINESS
None
XII. NEW BUSINESS
A. REQUEST FOR APPROVAL OF AMENDMENT TO STREET SWEEPING CONTRACT
FOR FISCAL YEAR 1979/80. (R.F. DICKSON COMPANY, CONTRACTOR)
Mr. Beebe reported that this was a routine extension of the
existing contract which is in its third and final year. The
contract allows for an annual increase based on the CPI.
Councilman Newbrander moved and Councilman Brush seconded to
approve the Amendment and accept a new contract price of $33.27 per
hour. Motion carried unanimously.
B REQUEST FOR APPROVAL OF A GARDENING CONTRACT WITH WADDILL
GARDENING SERVICE FOR THE FISCAL YEAR 1979/80.
Mr. Beebe reported that this was a revised contract with
Waddill Gardening Service which is essentially the same as
the old contract with a few minor modifications; namely,
the addition of the Library site which now will be handled
under the Public Works Department and the landscaped
drainage lot on Haystack Avenue which has been added. A
better delineation of the monthly amounts for services
rendered has been made more clear, as well as certain other
phases of the contract have been brought up to date insofar
as monetary amounts are concerned. The proposed contract
has been approved by the City Attorney as to form.
Councilman McPherson moved and Councilman Newbrander seconded to
approve the contract and authorize the Mayor and City Clerk to execute.
Motion carried unanimously.
XIII. OLD BUSINESS
A. REQUEST FOR AWARD OF BID FOR SAN PASQUAL AVENUE IMPROVEMENT
PROJECT. (CONTRACT NO. 1023)
See Section VIII (A) for Council Action.
XIV. ORAL COMMUNICATIONS
None
XV. REPORTS AND REMARKS
A. CITY MANAGER
f
1. Mr. Bouman reported that it was estimated that on
June 30, 1979, the City would have approximately
$500,000 in the Unallocated Reserve of the General
Fund. As reported previously, this is not excess
money; it has been budgeted in the Capital Improvement
Program which has already been approved. However, in
view of the Gann Initiative in November which is likely
to b.--approved by the voters, itis prudent to appropriate
Tin 98. 197A
pave 8
i
XV. REPORTS AND nr;MARKS (Continued)
A. CITY MANAGER (Continued)
1. (Continued)
whatever balance we have. Therefore, Staff is asking
you to adopt Resolution No. 79-77 which would take that
money to provide an additional appropriation to the
Civic Center Construction Capital Improvement Reserve
Fund
Councilman Newbrander moved and Councilman McPherson seconded to
waive further reading and adopt Resolution No. 79-77. Motion carried
unanimously.
2. Mr. Bouman asked Council's consideration of Resolution
No. 79-78 which would authorize the Mayor and Mayor
Pro-Tempore to sign an agreement to proceed with the
purchase of the Civic Center site from Lewis Homes.
These funds have been earmarked for this purchase, and
it is prudent for us to spend such funds now. The pur-
chase price is just under $18,500/acre for just under
9 acres. The City is getting a very good deal.
Councilman Brush moved and Councilman McPherson seconded to
waive further reading and adopt Resolution No. 79-78. Motion carried
unanimously.
3. Mr. Bouman advised that the City of Indian Wells had
asked the City of Palm Desert to join with them in
attempting to either by persuasion or legal action
stop construction of 3 billboards planned along Bob
Hope Drive along Ramon. This is Indian land which County
or cities have no control over. The course of action
would be to attempt to convince the Indians they should
not permit it and if that fails, attempt litigation to
stop it. Staff requires Council's direction in order
to proceed.
Councilman Newbrander stated that it certainly follows
the City's philosophy.
Councilman Newbrander moved and Councilman McPherson seconded to
accept the invitation of Indian Wells to go along with them and other
communities in trying to keep billboards out by persuasion or court
action, if necessary.
Councilman Wilson stated his disagreement in that he
didn't think the City should join Indian Wells in a suit.
He felt we have spent too much time defending ourselves
against Indian Wells. He felt the matter should go to
CVAG who would be holding an Executive Committee Meeting
the next day. If Indian Wells wanted unified community
support, CVAG was the place to get it. Councilman Brush
stated his concurrence.
Motion carried on the vollowing vote:
AYES: McPherson, Newbrander, & Mullins
NOES: Brush & Wilson
ABSENT: None
ABSTAIN: None
4. Mr. Bouman advised that TEL-A-RIDE was in operation through-
out the City, and that residents could utilize it by calling
346-2222 an hour in advance, being prepared to say where they
are and where they would like to go.
June 28, 1979 Page 9
XV. REPORTS AND REMARKS (Continued)
A. CITY MANAsER (Continued)
5. Mr. Bouman reported that the Volunteer Firemen Program
Recruitment Premium had been included in the Budget
adopted previously in the meeting. There has been some
response, but the Department still needs volunteers.
He asked that the media get the word out so that more
volunteers might come forth.
6. Mr. Bouman stated that once again, Staff had been able
to prepare for Council adoption on time. He thanked
all members of Staff for their assistance, particularly
Paul Byers, Larry McAllister, Carlos Ortega, and all
Department Heads.
Mayor Mullins stated that it had been a big job, and
Council appreciated it.
B. CITY ATTORNEY
None
C. MAYOR AND MEMBERS OF THE CITY COUNCIL
Mayor Mullins asked everyone to note the Future Meetings
listed on the Agenda. He also noted that a Redevelopment
Agency Meeting would follow the City Council meeting.
XVI. ADJOURNMENT
Councilman McPherson moved and Councilman Wilson seconded to
adjourn the meeting. Motion carried unanimously. Mayor Mullins
adjourned the meeting at 9:05 p.m.
, 1/0.
7WA'kb D. MULL NS -, MAYOR
ATTEST:
SHEILA R. GILLIGAN, CI- CLERK
CITY OF PALM DESERT, LIFORNIA
June 28, 1979 Page 10
EXHIBIT "A"
KILGORE ENTERPRISES CUSTOM FEEDERSE
C
FEEDER CAVES TO FINISHED BEEVES, CHOICE AND PRIME
WE CAN PUT YOU IN THE CATTLE FEEDER BUSINESS WITH A HERD OF 50 HEAD
FOR ABOUT $2.500 DOWN, BANK WILL FINANCE THE REMAINING TOTAL
rr.
JUN 2 ti3OM P. KILGORE, President
10462 TENNESSEE AVENUE
�' • �,y� `4� . rLOS ANGELES, CALIF. 90064
i„ LJt ,,I UI PtibineL(213) GR. 5-4000
"r4' :_3, 15,79 CITY CLERK'S OFFICE
.,roil,. a. .ri,:iEan, City Clerk, City of Palm Desert, Calif,
;oT: return froI.. ic1.as 1 fount, your lctter 7.)f .Tune llth on
: V this i s r nr, wherein youv o
desk �r il.� i:e eir� �� / '"U'L1Ce of the Council
c3F•!-ti::L: tun'' i:E . to c,c'.+cr':lire tti!e decision is to be ;: F' to
file eminent do'".a1'1 roceedings to oc uire j.rorE'rtf c1Cn3
ontere:j . vc .
I Dtron_;ly t.rotest thi.. action by the Council for t)ie reasons
nuLlbf'red. below:
1, TEE) Gity of-oL::csert is c',fferlr.: jut bit ove7• r_olf of
actual 'Talus of said lots, :n a letter doted .'ay
rr, ?•cu:,lan ..toted that a sum of .:7,000,C0 hod been set for
lot 317' bein, t-'io. C.E corner of '. ontercy and Glzao_i.l_,r.
In 'IV anEve:r to : 'l'., i^_ umen, 1 s 'nt conies of escrow ccJ"rn
to show where. !. had ;Lid lb, 000.- for the tC:o lots „31 ." and
.:here I had ..,old for ;,10,000,CO to T`_:.. :.;haver.
In thEt letter s :jade a fair offer of lot 313 to the City
for , 12,5O0,CO. I never received >•n answer to that letter
End after about .. year I decided that the City he'd chGnced
1" ., . ns End assumed that they no ion •er hod cn interest in lot c13a
—c.
2, That an .1,?m tior Lai s further stre.tl_ened after having had a visit
:it:. .its. :r. Carlos Ortega in his o!'fice on '.rril 10, 1' 79
‘.;.ercin he outliner, another )1an to take the needed s. oce from
test site of L'on ere- which was oven cnd no buildings
no 'th-,: crd to about Jan } _ !101:.£ , tcr mLke n bend in ::oTIt&rey to
the cLEt.icrri and take from t.ie :ollege irounds on northward,
thereby obviating the reed to ts;te cn.r lots on which buildings
::tool. Linen there is on o,t. .souse dir'ctly across from lot 3.13,
I felt that the lot vas safe for develor in .
r%a CnF' of the edicts of the I: rni. Carta is,"iustice shall be denied
to no :Ian". 1 dc) rot f' 1 that t -i City is living} ud to t :irr edict.
:=ire r Y ealtors of your City solf. lot 313 for :-le.
:a;• I oucge:.t thet you rive them a call, 566-2715, and notify there of
the Council cil r-i'eting Th!e2' viay wish to re2reoent the new o n e.r.
t.
>�7
June 28, 1979 Page 11
EXHIBIT "A"
Jyluriay .., L'nad y, 0, D.
18326 PIONEER BLVD. SUITE C
ARTESIA, CALIFORNIA 90701
TELEPHONE 213 - 865-1314
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JUN 2 5 1979
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June 28, 1979
Page 12