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HomeMy WebLinkAbout1980-01-29MINUTES ADJOURNED CITY COUNCIL MEETING TUESDAY, JANUARY 29, 1980 CITY HALL COUNCIL CHAMBERS 'n' :C is V i1C * * * * * 'i: * * * * * is * * * * * * J: * is * * n iC 'n X I. CALL TO ORDER Mayor Mullins called the Adjourned Meeting of the Palm Desert City Council to order at 12:05 p.m. on Tuesday, January 29, 1980, in City Hall Council Chambers. II. PLEDGE III. INVOCATION IV. ROLL CALL Present: Mayor Pro-Tem James E. McPherson Councilman Alexis D. Newbrander Councilman S. Roy Wilson Mayor Edward D. Mullins Absent: Councilman Noel J. Brush Also Present: Martin J. Bouman, City Manager V. RESOLUTIONS A. RESOLUTION NO. 80-7 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING THE SUPPORT OF THE CITY OF PALM DESERT FOR U. S. ARMY CORPS OF ENGINEERS PLAN 2 FOR PALM DESERT, AND FOR PLAN 1 FOR INDIAN WELLS. Mr. Bouman stated that this resolution declares the support of the City of Palm Desert of the Army Corps of Engineers' Plan #2. He explained that Plan #2 was for the Palm Valley Channel and was a configuration for a narrow, deep, rectangu- lar channel which the City preferred because it will take up the least amount of right-of-way and will be the least noticeable. Plan #1 is for Indian Wells and will essentially widen and deepen the Deep Canyon Channel easterly through and beyond Indian Wells and Eldorado Country Club. The two plans together effectively form Bechtel Plan 1-A Modified. Mr. Bouman stated that in adopting the resolution, the Council would further pledge that we would work together with the Corps of Engineers and the Coachella Valley Water District so that in trying to bring this about, we are also going to find a way through assessment districts to raise the approximately $30-50 Million needed to make the local drainage improvements in our City. He reported that Mr. Nazarek, our attorney in the Indian Wells law suit, is in support of the adoption of the resolution. In his opinion, it establishes this city's position as being in support of 1-A Modified and should, because of its offical nature, remove any doubts by Indian Wells that we are so committed. Comments received from Indian Wells were from the City Manager, Prince Pierson, who was not speaking for their Council, but who feels that while the resolution is a step in the right direction, it is not complete and will not be January 29, 1980 Page 1 MINUTES ADJOURNED CITY COUNCIL MEETING n * is n' ik . is :: i': * n iV '': :: k .': * * i, is :': k :': is :': i': '': is T: 'i: `': i, is '': '': :: is V. RESOLUTIONS (Continued) until we have negotiated a memorandum of understanding. Mr. Bouman said that in checking the files, he had found the original memorandum of understanding which he had written on April 6, 1978. A second draft was prepared by the Water District on July 3rd and sent to us. That second draft is acceptable to Indian Wells, and they have signed it and returned it to the Water District. It is not, however, acceptable to our City staff. It is not in the form we want it because: 1) It provides only the right of review of the plans, but offers no power of control at all. Our flood control consultant, John Tettemer, has advised us that this is not acceptable as it can have some severe impacts if it is not designed and built properly. If a memorandum of understanding is absolutely necessary in order to make the City of Indian Wells feel more at ease, Mr. Bouman stated he would be in favor of the present agreement with that part left out. 2) Each agency holds harmless, in the present agreement, all the others in the event of the failure of the system in excess of the standard project flood. The definition of the standard project flood is not well-defined or well under- stood. This too should be left out of the agreement as it keeps the door open for some challenge if something happens IN the future. Mr. Pierson suggested that a part of this resolution should include directing the Manager and Mayor to negotiate and sign a memorandum of understanding. However, Mr. Bouman stated he did not recommend that this direction be included in the resolution because when such a memorandum is drafted, it will then have to come back to the Council for approval. Councilman McPherson expressed his astonishment that Indian Wells had actually signed the agreement with those two statements included. Mr. Bouman indicated that they had indeed signed it, but it would not be binding until all parties sign it. Councilman Newbrander stated that she had never seen an actual definition of a 100-year storm. Mr. Bouman reviewed the status of the present law suit with Indian Wells, stating that Indian Wells has been required to have as indispensable parties Silver Spur Associates the Coachella Valley Water District, and Lewis Homes. Indian Wells and their attorneys have two weeks to decide whether or not to proceed. Our attorney hopes that the adoption of this resolution will soften their position, particularly if we then make an attempt to meet with them within the next week or so. Mr. Bouman pointed out that if the resolution was adopted, a copy of it would be presented to the Army Corps of Engineers at their meeting that night at the Middle School. Mr. Bouman noted that Mr. Larry Spicer, President of Silver Spur Associates, was in the audience if any of the Council had questions. Mr. Spicer stated that he had nothing further to add than what had already been presented by Mr. Bouman. Councilman Newbrander moved and Mayor Pro-Tem McPherson seconded to waive further reading and adopt Resolution No. 80-7. Motion carried unanimously with the members present. January 29, 1980 Page 2 MINUTES ADJOURNED CITY COUNCIL MEETING ;: :: ;e ., ;ti ;; * ;: ;: ;: ;; ;; ;: ;; ;; :; i VII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY Absent C. MAYOR AND MEMBERS OF THE COUNCIL None VIII. ADJOURNMENT Mayor Pro-Tem McPherson moved and Councilman Wilson seconded to adjourn the meeting. Motion carried unanimously with the members present. Mayor Mullins adjourned the meeting at 12:25 p.m. // //1 1 1 CEDWARD D. MULLINS, MAYOR ATTEST: SHEILA R. GILLIGAN, Y CLERK CITY OF PALM DESERT, CALIFORNIA January 29, 1980 Page 3