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HomeMy WebLinkAbout1979-05-24i * * MINUTES REGULAR MEETING PALM DESERT CITY COUNCIL THURSDAY, MAY 24, 1979 CITY HALL COUNCIL CHAMBERS * * * :: * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Pro-Tempore Jim McPherson called the meeting to order at p.m. on Thursday, May 24, 1979, in City Hall Council Chambers. PLEDGE - Mayor Pro-Tempore James E. McPherson INVOCATION - Councilman Alexis D. Newbrander ROLL CALL Present: * * * * * * * * Councilman Noel J. Brush Councilman Alexis D. Newbrander Councilman S. Roy Wilson Mayor Pro-Tempore James E. McPherson Excused Absence Mayor Edward D. Mullins V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT OF PLANNING COMMISSIONER TO FILL THE UNEXPIRED TERM OF MRS. GLORIA KELLY (Continued Item) Councilman Newbrander nominated Mr. Charles E. Miller for the position of Planning Commissioner to fill the term expiring in 1982 of Mrs. Gloria Kelly. Councilman Wilson moved and Councilman Brush seconded that nominations be closed. Mr. Miller was appointed Planning Commissioner by the following Roll Call Vote: AYES: NOES: ABSENT: ABSTAIN: Brush, Newbrander, Wilson & McPherson None Mullins None B. APPOINTMENT OF PARKS & RECREATION COMMISSIONER TO FILL THE UNEXPIRED TERM OF MR. JOHN HILL. Mayor Pro-Tempore McPherson advised that this item would be continued to the meeting of June 14, 1979, to receive input and recommendations from the Parks & Recreation Commission. VI. CONSENT CALENDAR ALL MATTERS LISTED ON THE CONSENT CALENDAR ARE CONSIDERED TO BE ROUTINE AND WILL BE ENACTED BY ONE ROLL CALL VOTE. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS MEMBERS OF THE CITY COUNCIL OR AUDIENCE REQUEST SPECIFIC ITEMS TO BE REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION AND ACTION UNDER SECTION X, CONSENT ITEMS HELD OVER, OF THE AGENDA. A. MINUTES of the Regular Meeting of the Palm Desert City Council of May 10, 1979. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 79-105 and 79-111. Rec: Approve as presented. May 24, 1979 Page 1 VI. CONSENT CALENDAR (Continued) C. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF APRIL, 1979. Rec: Receive and file. D. RESOLUTION FROM THE CITY OF RANCHO MIRAGE PERTAINING TO SALES TAX REll15'1K1tsu ION AND OPPOSING A.B. 301. Rec: Receive and file. E. MINUTES OF CITY MANAGER'S PUBLIC HEARING RELATIVE TO PROPOSED USE OF FEDERAL REVENUE SHARING ENTITLEMENT FUNDS, 1979-80. Rec: Receive and file. Councilman Brush moved and Councilman Wilson seconded to approve the Consent Calendar as presented. Motion carried unanimously with the members present. VII. PUBLIC HEARINGS A. CASE NOS. CZ 04-79 AND DP 04-79, SILVER SPUR ASSOCIATES, APPLICANT: CONSIDERATION OF A REQUEST FOR APPROVAL OF A CHANGE OF 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 PRO- VIDING FOR 805 DWELLING UNITS IN A COMBINATION OF SINGLE- FAMILY, DUPLEX AND TOWNHOUSES, GENERALLY LOCATED ON THE EAST SIDE OF HIGHWAY 74, BETWEEN THE SOUTHERN CITY LIMITS AND THE EXISTING COACHELLA VALLEY COUNTY WATER DISTRICT STORMWATER CHANNEL. Mayor Pro-Tempore McPherson declared the Public Hearing open and asked Staff for its report. Mr. Williams reviewed the Staff Report indicating that during review of the Planning Commission, certain concerns had been addressed relative to 4-way intersections, the number of units per building, and parking areas within the individual complexes. It was felt that these items could be adjusted to mutual satisfaction through special conditions of approval. The major concern of the Planning Commission dealt with drainage and the fact that this proposed development was on an alluvial cone. The present levee which is the heart of this property does affort some protection to the existing portion of Ironwood, and the applicant, in reviewing the flood insurance maps for the City is aware that this levee is not at a level of a 100 year frequency which is the criteria used in Federal Flood Insurance. Therefore, as a part of this development, the applicant is proposing to install a new levee which is shown on the preliminary grading plan on the southerly City limit line. That design is to provide an approximately 9' high hardened facelevee running from Highway 74 easterly to the existing Water District Channel. This is proposed to protect this portion of Ironwood and indirectly will increase the protection to the rest of the community. Mr. Williams referred to a letter received from the C.V. Water District which indi- cated that if the design were -at a 100-year frequency, the District would find that acceptable. In addition as a part of the overall review, the Flood Insurance Maps were reviewed which indicated a concern on the part of the Federal Flood Insurance Agency as to intrusion into this portion of Ironwood of water from Highway 74. As a result, the applicant is proposing to berm up along the full length of Highway 74 to afford protection to this area. That will average at least 3' in terms of raising the area along Highway 74. .May 24, 1979 Page 2 VII. PUBLIC HEARINGS (Continued) In reviewing the matter of the levees, both the Commission and Staff construed this as a local drainage matter and not in conflict with the Regional Concept that Bechtel has put forth. It was felt that this is expressed in our Federal Flood Insurance Map as a local drainage problem and the fact that we have shown the majority of this property proposed for development in the drainageway overlay, drainage flood plain watercourse overlay and the fact that the Flood Insurance Maps follow through with that concept requires the City to begin to require flood protection improvements before that drainage way floodplain watercourse overlay can be removed. Mr. Williams concluded the Staff report by reviewing the correspondence received including a letter from Mr. James P. Healey, Special Attorney for the City of Indian Wells, asking continuance of this project to allow them to hold a meeting with the Water District to weigh the merits of this levee system in conjunction with the overall regional Bechtel improvements that are contemplated by the Water District. The letter also noted a law suit between the City of Indian Wells and the Water District relative to the levees in this area. Mr. Williams reviewed the proposed ordinance and the special conditions of approval which alleviated concerns raised by the Planning Commission. In response to question by Councilman Wilson, Mr. Williams explained that the proposed improvement by Ironwood does not implement the Bechtel Plan but strengthens the existing levee. Mayor Pro-Tem McPherson invited input in FAVOR of the request. MR. JOHN BALLEW, Ballew, McFarland, Inc., 74-075 El Paseo, Palm Desert, addressed Council as the planners for Ironwood. He stated that they had no disagreement with the Planning Commission recommendation with the exception that he felt the Commission had taken action to reword Special Condition No. 2 and No. 4a. He stated that although they could solve most of the 4-way intersection problems, they would like the latitude of introducing them at points where it created other design problems. In addition, he stated that the wording in Condition No. 2 of "solid decorative masonry wall along Highway 74" did not permit latitude in the design of the wall. Mayor Pro -Tan McPherson noted that the changes to the conditions as noted by Mr. Ballew were reflected in the minutes of the Planning Commission but had not been incorporated into the proposed ordinance. Mayor Pro-Tem McPherson invited input in OPPOSITION to the request. MR. PRINCE PIERSON, City Manager of the City of Indian Wells, addressed Council and presented Mr. James P Healey's letter for the record (attached hereto and made a part of these minutes as Exhibit "A"). • Mr. Pierson stated that in terms of the project and develop- ment, the City of Indian Wells had no special consideration to offer at this time. However, as it related to drainage, they felt that there were some major considerations that had to be resolved, and they were seeking the City Council to continue this matter until those items were resolved. Basically, they felt that any time there is development on this alluvial fan, it would increase the runoff as well as grass lining and hardening these channels furthering the increase in flow and velocity and perhaps the quantity of water. They felt the City of Indian Wells would defi- nitely be the recipient of the additional water that may result from the development that they are not subject to now. He stated that they had contacted the Water District, specifically Mr. Lowell Weeks, who said that the Water District had not approved the plan, and his letter bears May 24, 1979 Page 3 VII. PUBLIC HEARINGS (Continued) that out in that if a plan is approved according to the Water District's design, it will be for a 100-year storm. Mr. Pierson stated they felt this project is designed because of flood insurance to allow recipients of Palm Desert to receive flood insurance. He pointed out there are other ways the insurance can be utilized without con- struction of additional dikes. Pads can be built up, but he indicated they were not suggesting this was the solution. However, there are other ways that the Flood Insurance can be arrived at, and he thought the Palm Desert Planning Department would also verify that. In connection with the proposed dike, he stated that the Bechtel report did not call for a dike at that location. It calls for a dike that runs parallel to the mountain side which is actually perpendicular or at an oblique angle to this dike. The Bechtel Report, he stated, does not call for this type of improvement. The City of Indian Wells feels that the improvements should be addressed at this time for Plan lA Modified inasmuch as the City of Indian Wells is addressing the flood problem of constructing an adequate system with its own drainage properties, and he explained the number of improvements that the City of Indian Wells through the Water District and the Bechtel Report was constructing that would benefit both cities. He pointed out that a developer in Indian Wells was being required to construct a minimum of $3 million worth of flood protection, much of which is offsite, and they feel that now is an opportunity to address these as well as regional and mutal problems. He concluded by requesting the Council's continuance of this matter until a meeting could be held at 9:00 a.m. the next morning with officials from both cities and the Water District. He offered the input of their city engineer to give a detailed report on the improvements being implemented in Indian Wells. Councilman Wilson pointed out that their city engineer had given this report in Study Session. However, Councilman Brush had been late arriving at Study Session, and since he had not heard the report, he asked that it be given. MR. CHARLES HAVER, 74-390 Highway 111, Palm Desert, addressed the City Council as City Engineer for the City of Indian Wells and gave a detailed report of the drainage improvements being implemented in their city. Councilman Brush stated that they were asking a delay of con- sideration in this matter until this matter is resolved. He pointed out that this could take 13 years. He stated that as he understood it, the City of Indian Wells' objection to the project is basically that by grass lining those levees it will just speed the water faster down there, it will be stronger, and because it won't break and go through Palm Desert, it will save Indian Wells. Mr. Haver responded that their primary concern in speaking at the hearing was to have the matter continued for possible solution at the meeting at the Water District the next day. Mayor Pro-Tem McPherson asked for rebuttal, and the following was offered: MR. LARRY SPICER, President of Ironwood, 49-200 Mariposa, Palm Desert, addressed Council with the following four points: (1) It seemed to him that what the Council was being asked to consider is approve the site plan with conditions, one of which is flood control which will be addressed by the flood control agencies, interested parties, and Ironwood's engineer; (2) With careful reading of Mr. Healey's letter, to him it suggests that in Items 2 and 3, the CVCWD is asked to take certain specific actions — Paragraph 2, that it should study the compatability of the proposed dike with Alternative lA of the Bechtel Study (it is asking the Water District to- study that in the City of Palm Desert) and Item 3 is asking th.'-= the Water District and Indian Wells make an VII. PUBLIC HEARINGS (Continued) May 24, 1979 evaluation on a legal matter. It seemed to him that the brunt of the letter is then issues primarily with the Water District which is already provided for in the Special Conditions of Approval; (3) we are all concerned about flood control. He said he saw implementation of Bechtel Plan lA as a long-term solution on the order of 13-15 years. This dike is now, and it will be installed this summer for protection in the next rainy season. He stated that perhaps it was a "now" which might not be ideal, but the ultimate might not happen for 13-15 years. Last, Mr. Spicer pointed out that Ironwood had an option on the 70 acres, contingent upon approval of this plan, which would expire on June 1st. He realized that this was his problem and not the Council's. Mayor Pro-Tem McPherson declared the Public Hearing closed. Mayor Pro-Tem McPherson pointed out that Special Condition No. 1 specifically called for protection from a 100-year storm and construction would be accomplished to the Water District's approval. If not, the project would not be built. Councilman Wilson stated he would feel more comfortable with more information coming out of the meeting scheduled the next morning. Another item he stated was of interest to him was were there any reasonable conditions that could be imposed to implement some steps of the Bechtel Report lA as a part of this project to help get it done. If Indian Wells is doing it, could we? He stated he would favor a two -week continuance. Mr. Bouman stated he would like to make a comment, not a recommendation but a reaction. He stated that when Mr. Pierson had called him the prior day, he had decided to get himself more familiar with the project. His immediate reaction which was unchanged at the time was there was no difference between the old dike and the new dike. He saw essentially the same water being intercepted and sent to the same place. Admittedly, it is being sent to Indian Welts, and they don't receive it warmly, but we received it once and everyone remembers the devastation we got from that. When Mr. Pierson says there is an alternative solution, Mr. Bouman felt that what he was referring to is according to the Federal Flood Insurance Maps, the pads for the houses can be raised 3 feet above natural grade level and that would satisfy the Corp of Engineers and Federal Flood Insurance requirements. That would be fine for that small portion of Ironwood, but below that area is where we had the trouble before. We have 1,000 homes that cannot be jacked up and raised 3 feet in the air. They are there now, subject to the drainage. We are not talking now about the kind of water flows that came as a result of Kathleen, but the 100-year flood which Mr. Weeks assures us is of less intensity than Kathleen. What we are seeking here is the kind of protec- tion in the 100-year storm that any city would try to find for itself. Beyond that, as he looked at this project, the two dikes, and Plan lA Modified of the Bechtel Report, the nearest structures in lA Modified to this new dike would be 1/2 mile away, so he couldn't visualize any impact on that lA Modified Plan. He stated that when he looked at the long-range plan of lA Modified which is 10-11 years away, the dikes that we are talking about here will still have to be here. He said that he saw the situation today much as it will be 10-15 years from now or however long it takes to implement the Bechtel Plan. He said that he was just as anxious to get it built as Indian Wells was, but he saw no monetary solution for a long time, and he could not see holding up this particular project which will be of great benefit to our city. We are talking at the present time not about any physical structure that can be built at this time but perhaps some money that would be banked or stocked towards the Bechtel Report at such time as it is ready to be built. Page 5 VII. PUBLIC HEARINGS (Continued) Mayor Pro-Tem McPherson pointed out that this was the first reading of the ordinance, and if anything should come out of the meeting the following morning, the ordinance could be changed at the second reading in 3 weeks. Councilman Brush moved to waive further reading and pass Ordinance No. 208 to second reading. Mayor Pro-Tem McPherson seconded the motion. The following votes were cast: AYES: NOES: ABSENT: ABSTAIN: Brush & McPherson Newbrander & Wilson Mullins None Mayor Pro-Tem McPherson announced a deadlock and declared the Public Hearing reopened and continued to the meeting of June 14, 1979. VIII. RESOLUTIONS A. RESOLUTION NO. 79-55 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REVISING RESOLUTION NO. 78-58 AND ESTABLISHING A SIGNALIZATION FUND. Mr. Beebe reported that the wording of the resolution which established the Signalization Fund limited the use of the funds to intersections directly adjacent or near the pro- posed developments when in actuality, certain intersections had been signalized or were not proposed to be signalized in the near future. Since all developments within the City of Palm Desert definitely affect intersections throughout the City, it was felt that by rewording this resolution, more flexibility will be given to the Council in the use of these funds. The City Attorney is in con- currence with this change. Councilman Wilson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 79-55. Motion carried unanimously with the members present. IX. ORDINANCES For Introduction: A. 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. Mayor Pro-Tem McPherson announced that action on this ordinance would be continued to the meeting of June 14, 1979, to allow Council more time for review and study. For Adoption: None X. CONSENT ITEMS HELD OVER None XI. CONTINUING BUSINESS None XII. NEW BUSINESS i A. REQUEST FOR APPROVAL OF SAN PASQUAL AVENUE IMPROVEMENT PROJECT. Mr. Beebe reported that this street is programmed as one of the major street carriers for storm waters in accordance with our Master Storm Drain Plan. Plans and specifications are ready, including the construction of curb, gutter, and tie-in pavement as well as the necessary traffic striping. Monies haare been appropriated totaling $85,736, with the engineer estimate being $85.000. May 24, 1979 Page 6 XII. NEW BUSINESS (Continued) A. (Continued) Councilman Brush moved and Councilman Newbrander seconded to approve the project and authorize the City Clerk to call for bids. Motion carried unanimously with the members present. B. REQUEST FOR CONCURRENCE OF ACTION BY THE BUILDING BOARD OF APPEALS AND CONDEMNATION IN THE DECLARATION OF CONDEMNATION AND ABATEMENT OF STRUCTURES GENERALLY LOCATED IN SECTION 30, WEST OF HIGHWAY 74 AND SOUTHERLY OF HIGHWAY 111. Mr. Bouman stated that Council had received a report in Study Session from the Director of Building and Safety concerning the clean-up effort of this portion of Section 30. This is a report of the action being taken and a request for Council's concurrence. Councilman Newbrander moved and Councilman Brush seconded to, by Minute Motion, concur, ratify, and approve the findings of the Building Board of Appeals and Condemnation and direct Staff to take all necessary steps to comply with the Abatement Code. Motion carried unanimously with the members present. C. REQUEST FOR APPROVAL OF SPECIAL ASSESSMENT TAX FOR STREET LIGHTING IN TRACT NO. 8273. Mr. Beebe reported that a Street Lighting District had been established the prior year by Council for the subject tract. Each year, it is necessary to have a new resolution authorizing the levy of a tax for that parti- cular year's costs. The estimated cost for operation of the District for 1979-80 is $1,700. Less the estimated balance at June 30, 1979, the sum of $1,199.36 must be assessed in equal amounts to all property owners. The City Clerk questioned the individual amount of $9.37 assessed to each parcel, and Mr. Beebe advised that the assessment was correct. Councilman Wilson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 70-56, establishing a Special Assessment Levy. Motion carried unanimously with the members present. XIII. OLD BUSINESS None XIV. ORAL COMMUNICATIONS None XV. REPORTS AND REMARKS B. CITY ATTORNEY 1. Mr. Erwin stated that Council had received in their packet information dealing with a parcel map waiver on Chapparal Country Club. In addition, Council received a copy of a letter of request directed to the City Attorney, a certificate of compliance, and a proposed resolution. This is an item which is done soley for the purpose of financing. The condi- tions that have previously been imposed by the City will all continue to be imposed on any future divisions of land. He felt there was no problem nor was the City jeopardized in any manner in going forward with this. The matter came in after the regular agenda had been completed, and Mr. Erwin had indicated to their attorneys that he would bring it up for consideration. He recom- mended that Council, if they so desired, "grant the waiver and authorize the appropriate officials to execute the same as well as passing Resolution No. 79-57. MR. RICHARD DOTY, DAME CONSTRUCTION COMPANY, addressed Council, submitting a revised Alternate A which is May 24, 1979 Page 7 XV. REPORTS AND REMARKS (Continued) B. CITY ATTORNEY (Continued) a modified legal description. The golf driving range was inadvertently left off the one submitted to Council, and since the lending institution may require its inclusion, the alternate plan was being submitted. Mr. Erwin suggested that his proposed wording be modified to include "Exhibit 'A' be subject to approval by the City Attorney". Councilman Wilson moved to waive further reading and adopt Resolution No. 79-57 and to grant the waiver and authorize the appropriate officials to execute the same with Exhibit "A" subject to final approval by the City Attorney. Councilman Brush seconded the motion; carried unanimously with the members present. 2. Mr. Erwin submitted a Claim Against the City by Lajoie (Butch) H. Daum for the sum of $250,000 for damages and injuries received as a result of an accident at Oak Springs Drive and White Canyon Drive, Palm Desert Greens, California. Mr. Erwin pointed out that the attorneys representing Mr. Daum had been advised that this area was not within the city limits. However, Council should deny the claim. Councilman Brush moved and Councilman Wilson seconded to deny the Claim and refer it to the insurance carrier. Motion carried unani- mously with the members present. A. CITY MANAGER 1. Mr. Bouman pointed out an error in proposed Ordinance No. 209. Section 1K should be 1J. 2. Mr. Bouman officially presented Council with the recommended Budget for Fiscal Year 1979-80. He stated that he wished to publicly thank Mr. Paul Byers for the tremendous amount of help he had been in preparing the proposed budget in a timely and efficient manner. He stated that Mr. Byers had requested that the Council officially instruct the City Clerk to schedule and advertise a public hearing on the budget for the meeting of June 28, 1979. Councilman Wilson moved and Councilman Newbrander seconded to instruct the City Clerk to schedule and advertise and Public Hearing for the Proposed Budget for June 28, 1979. Motion carried unanimously with the members present. C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Pro-Tem McPherson stated that it was necessary that an alternate delegate be appointed to the Sunline Board, and he suggested Mayor Mullins. Councilman Wilson moved and Councilman Brush seconded to appoint Mayor Edward D. Mullins as alternate delegate to Sunline. Motion carried unanimously with the members present. FUTURE MEETINGS: Mr. Paul Williams noted that May 28th was a holiday, and the Parks & Recreation Commission would be meeting on May 30, 1979. May 24, 1979 Page 8 XVI. ADJOURNMENT 1 Councilman Brush moved and Councilman Wilson seconded to adjourn the meeting. Motion carried unanimously with the members present. Mayor Pro-Tem McPherson adjourned the meeting at 8:27 p.m. ATTEST: SHEILA R. GILL2GAN, CIT ERK ' CITY OF PALM DESERT, C�.�- FORNIA JAMES E McPHERSON, 'YOR PRO-TEM May 24, 1979 Page 9 JEAN ANN HIRSCHI JAMES P. HEALEY DENNIS J. HEALEY WALTER T. CLARK EXHIBIT "A" HIRSCH!, HEfILEY & HEPLEY A PROFESSIONAL CORPORATION ATTORNEYS AT LAW May 24, 1979 Honorable Mayor and City Council City of Palm Desert Palm Desert, CA 92260 RE: City of Palm Desert Case Nos. CZ 04-79 and DP 94-79 Silver Spur Associates aka Ironwood West Gentlemen: 74-O7S EL PASEO AVENUE SUITE A-5 P. O DRAWER 1703 PALM DESERT, CflLIfORfIfl 92260 (714) 568-5661 The City Council is requested to continue the above re- ferenced cases for the following re,,sons: 1. A meeting has been 'scheduled with the Coachella Valley County Water District for 9:00 A.M., Friday, May 25, 1979 between CVCWD, Palm Desert and Indian Wells to discuss drainage issues pertaining to and significantly affecting the proposed project and our cities. 2. The Local Flood Agency, CVCWD, should approve the projects drainage plan as being consistent with and not detrimental to 1-A (modified), the agreed upon Bechtel Storm Drainage plan. Also, Bechtel Engineers should review and comment as to the projects possible effects on implementation of the regional storm drainage system and on interim mitigation measures necessary prior to the construction of 1-A (modified). 3. An evaluation should be made by CVCWD and Indian Wells as to what effect they would have in the proceedings and character of the existing lawsuit No. Indio 23262, dated 3-11-77, City of Indian Wells v. Coachella Valley Water District and State of California, CALTRANS, by the approval of plans and/or any acts of grading and grassing or otherwise im- proving the present sand dike traversing the project together with the proposed grading and construction of an additional parallel -dike with retainer -wall foundation and concrete grouted -rock surface to be located one quarter mile south on the project boundary. Your careful consideration of the requested continuance would be appreciated in order that mutual benefits will accrue from the infor- mation to be secured. JPHbf Very truly yours, )DAMES P. HEALEY _/ Special Attorney for City of Indian Wells May 24, 1979 Page 10