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HomeMy WebLinkAbout1980-06-26MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, JUNE 26, 1980 CITY HALL COUNCIL CHAMBERS * * i� i�: i,: i�: J JJ,** * * * J; J, * *J` s: c .. ,c .c * * * * * * * * * * * * * * ** * * I. CALL TO ORDER Mayor Wilson called the Regular Meeting of the Palm Desert City Council to order at 7:05 p.m. in the City Hall Council Chambers on Thursday, June 26, 1980 PLEDGE - Mayor Pro-Tempore James E. McPherson INVOCATION - Councilman Alexis D. Newbrander ROLL CALL Present: Mayor Pro-Tem James E. McPherson Councilman Alexis D. Newbrander Councilman Romeo S. Puluqi Councilman Walter H. Snyder Mayor S. Roy Wilson Also Present: Martin J. Bouman, City Manager David J. Erwin, City Attorney Paul A. Williams, Director of Environmental Services James L. Hill, Director of Building & Safety Paul E. Byers, Director of Finance L. Clyde Beebe, Director of Public Works V. AWARDS, PRESENTATIONS, AND APPOINTMENTS Mayor Wilson stated that he was pleased to announce that, with Council's concurrence, he was ready to make the appointments to the newly formed Citizens Drainage Advisory Committee as follows: Mr. Larry Elder Mr. William Tennison Mr. Ben Barnum Mrs. Sharon Hammons Mr. George Meyers Mr. Tim Johnson Mr. Michael Doran Mr. Richard Sparks Mayor Wilson stated that one more member would be appointed but that he had not been available for confirmation of the appointment. He also stated that Councilman Romeo Puluqi would serve as the Council's liaison on this Committee. The purpose of the Committee is to work with the City to help implement the Master Drainage Plan and to solve as many of the drainage problems existing as possible. VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the City Council of June 8, 1980. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 80-115, 80-112, and 80-122. Rec: Approve as presented. C. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF MAY, 1980. Rec: Receive and file. June 26. 1980 p•-irrn 1 MINUTES REGULAR CITY COUNCIL MEETING * * * * i': * i': * ': i': :'f * is is :: :: VI. CONSENT CALENDAR (Continued) D. MINUTES OF THE BUILDING BOARD OF APPEALS & CONDEMNATION Meeting of June 12, 1980. Rec: Concur and ratify the action of the Building Board of Appeals and Condemnation. E. REQUEST FOR RELEASE OF BONDS FOR TRACT NO. 10202, PORTOLA VILLAGE, RON RIMIER, APPLICANT. Rec: Accept the work as complete and authorize the City Clerk to release all bonds for Tract No. 10202. Councilman Newbrander requested Item "E" removed from the Consent Calendar for discussion under Section XI of the Agenda. Councilman McPherson moved and Councilman Snyder seconded to approve the Consent Calendar as presented with the exception of Item "E". Motion carried unanimously. VII. ORAL COMMUNICATIONS MR. CHUCK PAUL, Executive Director, Tri-Cities Business Association, addressed the Council with an offer to remove the Christmas tree poles at no cost to the City. Staff was directed to meet with Mr. Paul and a member of -the Chamber of Commerce the following day. Mr. Paul was thanked for the most generous offer. MR. DON DANO, Palm Desert Paint and Wallpaper, 73-446 Highway 111, Palm Desert, addressed the Council relative to the proposed chain - link fence to be constructed in conjunction with the drainage project adjacent to San Pablo. He stated that the bumper guards would be better in that this type of fence was unsightly and created a place for litter to collect. Mr. Bouman responded that Mr. Pricer would meet with Mr. Dano the next day to review that area but that the State of California or Caltrans had required the fencing and they might have reason for it that the City is not aware of. Mayor Wilson stated that because of the number of people in the audience relative to the first case under Section XII, New Business, Council would take that item first if there was no objection. There was none. XII. NEW BUSINESS A. CASE NO. ENVIRONMENTAL ASSESSMENT NO. 80-01, WAYNE E. BARLOW, APPELLANT: CONSIDERATION OF AN APPEAL FROM THE DETERMINATION TO ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT IN — CONNECTION WITH CASE NO. C/Z 01-80, DP 07-80 AND CUP 07-80. Mr. Williams reviewed the Staff Report, outlining the justi- fication for the Staff recommendation for the issuance of a Negative Declaration on the project. He pointed out that this recommendation had been reviewed with the Planning Commission at their meeting of June 3rd. However, the decision on the issuance of the Negative Declaration is made by the Director of Environmental Services and because of the appeal, the decision becomes nul and becomes the responsibility of the City Council. The project is still pending action of the Planning Commission through a continued Public Hearing to their meeting of July 1st. If Council does require an EIR for the project, the Commission's action will be suspended until the EIR is completed by an independent consultant hired by the City. MR. TOM WINFIELD, Attorney at Law, 615 South Flower Street, Los Angeles, addressed the Council as representative of the homeowners,stating that he had reviewed all of the documents delivered to the Council and had also had the opportunity June 26, 1980 Page 2 MINUTES REGULAR CITY COUNCIL FETING iC * * * * * * * * * iC iv * * * * * * :C * * * 7•: * * * * * * * * * XII. NEW BUSINESS (Continued) A. CASE NO. ENVIRONMENTAL ASSESSMENT NO. 80-01, WAYNE E. BARLOW, APPELLANT (Continued): of meeting with Mr. Williams that day relative to the status of the project and how the determination was made. He felt the reason they were present was unfortunate in that there appeared to be a poor public relations situation involved because the residents did not know what was being proposed. He stated they had filed the appeal because they felt that there were several substantial environmental issues at stake as presented in their appeal (attached hereto and made a part hereof as Exhibit "A"). He stressed that any EIR prepared on behalf of the developer will not have the welfare of the community at heart and thus it must be generated by an independent consultant. He concluded that in fairness to the community and as a matter of law, the Council must direct Staff to prepare a focused EIR dealing with the issues of traffic, drainage, tree protection, and sewer impacts.- Mr__ Win f-ie-1d-al--so . o e- -out t-l:at- ----tie-- -- technical plan is different from the plan that was trans- mitted originally by Albertson's and this was another reason the decision should be delayed Mayor Wilson invited any public input relative to the EIR. The following individuals spoke in support of the Council's ordering the report: Ms. Jan Kopec, 44-079 Orin Court, Palm Desert. Mr. Lou Jones, 691 Monica Circle, Palm Desert. Mr. Chuck Paul, Tri-Cities Business Association, Palm Desert. Mr. Henry Grace, 44-775 Deep Canyon, Palm Desert. Councilman Puluqi stated that he felt the people were not properly notified prior to this project, and the impact would be tremendous in that area, and the EIR should be required. Councilman Snyder stated that he felt that Staff had attempted to do the job that they had to do, and they had handled it in a proper way. However, he felt the Council had a serious conflict with the people living there, and every avenue of expertise should be utilized to be sure the proper thing is done. Councilman McPherson stated that he agreed that Staff had acted properly, but that in view of the controversy involved, he felt an EIR should be completed. He disagreed that it should be a focused EIR in that it might leave something unturned that could be appealed again. Councilman Newbrander expressed the same concern - that a full EIR should be done. Mayor Wilson asked Mr. Williams if he felt comfortable with a focused EIR. Mr. Williams responded that economic feasibility and physical impacts should be included. Councilman Snyder moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 80-82, Alternative B, amended to order a focused Environmental Impact Report utilizing four requests of the appellant, namely traffic, drainage, tree protection, and sewer impacts, and two requested by the City, namely economic feasibility and physical impacts. Councilman McPherson stated that in fairness to the developer, a full EIR should be done. Dave Erwin agreed that it would erase any questions Councilman Snyder withdrew his motion, and Councilman Newbrander withdrew her second. Councilman Snyder moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 80-82, Alternative "B". Motion carried unanimously. June 26, 1980 Page 3 MINUTES REGULAR CITY COUNCIL MEETING * * '. :': -* :'c :': :': '** * * * * * * * * :: l: * :: :: .. :c * * * k :c * * ;: MAYOR WILSON ANNOUNCED THAT COUNCIL WOULD NOW RETURN TO THE ORIGINAL FORMAT OF THE AGENDA. VIII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF AN OPERATING BUDGET FOR FISCAL YEAR 19 0-81. Mayor Wilson announced the Council had met in Study Session prior to the Council meeting to discuss various Agenda items, but no decisions had been made. He declared the Public Hearing open and called for the Staff Report. Mr. Bouman reviewed the major provisions of the budget as well as the capital improvement program proposed. Councilman Puluqi asked that Mr. Bouman clarify that the proposed Civic Center is not just a City Hall, and that it also does not mean that because it is budgeted, it will have to be spent. Mr. Bouman responded that the Civic Center as designed could include a library, fire station, community center, etc. He confirmed that budgeting the money did not mean that it had to be spent. He pointed out that the Council would have to approve many aspects of the building of the Civic Center prior to its construction such as plans and specifications, award of bid, and final approval of project. Mayor Wilson called for any input from the public. MR. GEORGE STONE, 43-831 Joshua Street, Palm Desert, addressed Council asking that they include in the budget provisions for construction of a concrete drainage ditch by his property where a grass -lined ditch now exists. With no further input, Mayor Wilson declared the Public Hearing closed. Councilman Newbrander stated that when Mr. Bouman was pointing out the different facilities the proposed Civic Center could house, he had not mentioned the possibility of a police station. She also pointed out that the budget was the product of count- less hours of work by Staff, and she commended Mr. Bouman and Staff for an excellent job. Each Councilman echoed the same feeling. At this time, Mr. Bouman requested that the Council amend the proposed budget as presented by $3,690. $3,000 was being requested to abate City -owned lots that needed cleaning and $690 for operation of the C.O.D. pool as our share to keep the pool open during the summer months. Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 80-75 as amended. Motion carried unanimously. (See Reports & Remarks, City Manager, for further action on this Resolution No. 80-75.) B. CONSIDERATION OF A REQUEST FROM PALM DESERT DISPOSAL SERVICES, INC. FOR A REFUSE RATE INCREASE. Mayor Wilson declared the Public Hearing open and called for the Staff Report. Mr. Bouman reported that Palm Desert Disposal had requested a rate increase in the past and that due to a difference of opinion legally relative to the provisions of the franchise, this matter had therefore been continued. Since that time, these differences had been worked out, and by virtue of a study by the Assistant City Manager, a 25% rate increase was being recommended. Mayor Wilson invited input in FAVOR of the request, and the following was offered: June 26, 1980 Page 4 MINUTES REGULAR CITY COUNCIL ETING :C 'I: SIC ': :: :C :C `1" * :C .0 * * :C �1` 1 * ,1` _I` * * * * J * * i1C * SIC •1� ��• * * iC n • • n '-i�* *• X n •C • � n VIII. PUBLIC HEARINGS (Continued) B. REQUEST FOR PALM DESERT DISPOSAL SERVICES RATE INCREASE (Continued) MR. GINO SCOPESI, President of Palm Desert Disposal Services, Inc. addressed Council stating that he had appeared before the Council in December of 1979 and had been told that more information was required. This information has now been provided, and it clearly shows an increase is needed. He requested Council's favorable vote. Mayor Wilson invited input in OPPOSITION to the request, and none was offered. He declared the Public Hearing closed. Councilman McPherson moved and Councilman Puluqi seconded to waive further reading and adopt Resolution No. 80-76. Motion carried unanimously. C. CASE NO. TT 16133, J.M. PETERS, APPLICANT: CONSIDERATION OF A REQUEST FOR APPROVAL OF A TENTATIVE TRACT MAP TO SUBDIVIDE A PARCEL OF LAND INTO 163 LOTS FOR 156 RESIDENTIAL UNITS ON APPROXIMATELY 34.06 ACRES WITHIN THE PR(5), S.P. (PLANNED RESIDENTIAL, MAXIMUM 5_1)WELLLNG_UNIT.S—PF2.--ACREr-SCENIC- PRESER--- VATION OVERLAY) ZONE GENERALLY LOCATED AT THE NORTHEAST CORNE OF HOVLEY LANE AND COOK STREET. Mayor Wilson declared the Public Hearing open and called for the Staff Report. Mr. Williams reviewed the Staff Report indicating that the Planning Commission had approved the request on the basis that it did conform with the Subdivision Ordinance and the State Map Act. Said approval was subject to a number of conditions which he reviewed. Mayor Wilson invited input in FAVOR of the request. MR. BOB TRACT, Representative of the J. M. Peters Co., addressed Council stating their concurrence with the Staff recommendation. Mayor Wilson invited input in OPPOSITION to the request, and none was offered. He declared the Public Hearing closed. Councilman Snyder moved and Councilman Puluqi seconded to waive further reading and adopt Resolution No. 80-77 as submitted. Motion carried unanimously. D. CASE NO. TT 13462, NOE-JACK #2, A PARTNERSHIP, APPLICANT: CON- SIDERATION OF A REQUEST FOR APPROVAL OF A TENTATIVE TRACT TO CREATE A TEN -LOT "NON -STATUTORY" CONDOMINIUM SUBDIVISION ON APPROXIMATELY .7 GROSS ACRES WITHIN THE R-3 13,000 (3) ZONE LOCATED AT 73-415 SHADOW MOUNTAIN DRIVE, APPROXIMATELY 700 FEET EAST OF TUMBLEWEED LANE. Mayor Wilson declared the Public Hearing open and asked for the Staff Report. Mr. Williams reviewed the major items of the Staff Report and pointed out that the Planning Commission had been working with misinformation in that a park fee could not be required. However, Staff has since determined that these fees are required of a project of less than 5 years of age, and thus this condition has been added to the proposed Council resolu- tion. Staff recommended approval. Councilman McPherson stated that there were no existing side- walks on that street now and could not see the necessity for requiring them of this developer. Mr. Beebe responded that it was for easy access for people parking along the street. Councilman Snyder stated he felt the Council should take a long, hard look at these conversions to make sure they meet City standards. June 26, 1980 Page 5 MINUTES REGULAR CITY COUNCIL MEETING -ice •'C '' :'C :' n * * * * * * -:: :': :': :': :'._ :V * * .. * * is i'C if * * VIII. PUBLIC HEARINGS (Continued) D. CASE NO. TT 13462, NOE-JACK #2 (Continued) Mayor Wilson expressed the same concern. He stated that it bothered him to see it built for one reason and then quickly changed over. The standards are not the same for both. Mayor Wilson called for input in FAVOR of the request, and none was offered. He invited input in OPPOSITION to the request, and none was offered. He declared the Public Hearing closed. Councilman Newbrander stated she was opposed to converting apartments to condominiums, especially when they are this small. Councilman Snyder concurred and stated that he had always had objections to the changing of badly needed apart- ments to condominiums. He felt to build under one philosophy and then change to another was wrong since the requirements are substantially different. Councilman McPherson expressed that Council did not have a valid reason to turn the request down other than personal preference. He stated that Council should make a decision on this one and then take up the issue of conversion policy with the Planning Commission. Councilman Snyder stated that he had to agree with Councilman McPherson in that this one should not be held up while Council is determining policy. Councilman Puluqi stated he felt the mattes should be con- tinued and discussed thoroughly with the Planning Commission. Mayor Wilson reopened the Public Hearing. He stated that the suggestion of a continuance should not create a hardship on the applicant as he was not at the meeting to express any opinion. Councilman Puluqi moved and Councilman Newbrander seconded to continue the matter to the meeting of July 10, 1980. Motion carried on a 3-2 vote with Councilman McPherson and Snyder voting NO. E. CASE NO. ZOA 02-80, CITY OF PALM DESERT, APPLICANT: CONSIDERATION OF AN AMENDMENT TO CHAPTER 25.68 OF THE MUNICIPAL CODE (ZONING ORDINANCE) OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO DIRECTIONAL SIGNS FOR COMMERCIAL BUILDINGS WITH COURTYARD OR PLAZA TENANTS. Mayor Wilson declared the Public Hearing open and called for the Staff Report. Mr. Williams reviewed the report stating that the Planning Commission had initiated the ordinance amendment to rectify a problem with proper advertising of plaza businesses. Councilman Puluqi asked why the signs could only be seven feet high. Mr. Williams responded that they were oriented towards pedestrian traffic. Councilman Snyder pointed out that many meetings had been held with the El Paseo merchants, and this met with their concerns that businesses in the back of court- yards could be advertised. Mayor Wilson invited input in FAVOR of the amendment, and none was offered. He invited input in OPPOSITION to the amendment, and none was offered. He declared the Public Hearing closed. Councilman Newbrander moved and Councilman McPherson seconded to waive further reading and pass Ordinance No. 225 to second reading. Motion carried unanimously. June 26, 1980 Page 6 MINUTES REGULAR CITY COUNCIL ,ETING _ is is * * �C i' * ♦ �♦ ** is -* * * * * * * * * * is :: is J; n * is ''C is is * n i; '.': ?'; i'; i; * VIII. PUBLIC HEARINGS (Continued) F. CASE NO. ZOA 03-80, CITY OF PALM DESERT, APPLICANT: CONSIDERATION OF AN AMENDMENT TO SECTION 25.68.150 OF THE MUNICIPAL CODE (ZONING ORDINANCE) OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO REAL ESTATE OPEN HOUSE SIGNS. Mayor Wilson declared the Public Hearing open and called for the Staff Report. Mr. Williams reviewed the report stating that the request had been initiated by the Palm Desert Board of Realtors. The Planning Commission felt the request was in keeping with what other cities were doing in the Valley and also met the concerns of the realtors. Mayor Wilson invited input in FAVOR of the request. MR. HARRY HOYT, 49-305 Highway 74, Palm Desert, addressed the Council stating that there were many areas in the City where homes were difficult to find and that two signs would help people sell their -homes.- .-iie—felt-the—awerrdnrent—s-atis= _ feed their requirements. Mayor Wilson invited input in OPPOSITION to the request, and none was offered. He declared the Public Hearing closed. Councilman McPherson moved and Councilman Puluqi seconded to waive further reading and pass Ordinance No. 226 to second reading. Motion carried on a 4-1 vote with Councilman Newbrander voting NO. G. CASE NO. ZOA 04-80, CITY OF PALM DESERT, APPLICANT: CONSIDERATION OF AN AMENDMENT TO CHAPTER 25.30 OF THE MUNICIPAL CODE (ZONING ORDINANCE) OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO PERMITTED USES IN THE PC(4) ZONE DISTRICT. Mayor Wilson declared the Public Hearing open and asked for the Staff Report. Mr. Williams reviewed the report stating that the amendment was initiated to clarify the permitted uses. He pointed out That the Planning Commission had amended Staff's recommendation to allow general offices not exceeding 20% of the gross floor area and to allow for more flexibility as to when other similar uses may be determined. Mayor Wilson invited input in FAVOR of the amendment, and none was offered. He invited input in OPPOSITION to the amendment, and none was offered. He declared the Public Hearing closed. Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and pass Ordinance No. 227 to second reading. Motion carried unanimously. IX. RESOLUTIONS A. RESOLUTION NO. 80-79 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1979-80 BUDGET TO PROVIDE FOR TRANSFERING UNOBLIGATED FUND BALANCES TO CAPITAL IMPROVEMENT RESERVE FUNDS FOR PROJECTS TO BE EXECUTED IN FUTURE FISCAL YEAR. Mr. Bouman explained that this resolution and the next one were companion resolutions to the passage of the budget. He stated that 80-79 dealt with the transfer of the Unobligated Funds which the City Treasurer projects will be available on Monday, June 30th, into the Capital Improvement Reserve Funds. This protects the funds from the provisions set forth in Proposition No. 4 and will allow us to spend the money in future years. Councilman Puluqi asked if $200,000 would be sufficient for street resurfacing and stated he would like to propose an June 26, 1980 Page 7 MINUTES REGULAR CITY COUNCIL MEETING * * is * * n * V is * * * * * is * * * is is is V * * is i, i V is * IX. RESOLUTIONS (Continued) A. RESOLUTION NO. 80-79 (Continued) additional $100,000 for street resurfacing, especially for the north side such as San Nicholas and San Gorgonio. Councilman Puluqi moved and Mayor Wilson seconded to waive further reading and adopt Resolution No. 80-79, amended to take $100,000 out of the Civic Center Construction Fund and put it into the Street Resurfacing Account. Considerable discussion followed. Mr. Beebe, upon question by Councilman Puluqi, stated that he could spend upwards of $1,000,000 for resurfacing if he had it. Mayor Wilson pointed out that streets on the north side were not the only ones in need of resurfacing when there were some on the south side that had not been touched in 13-15 years. Mayor Wilson called for the vote, and the motion passed on the following vote: AYES: NOES: ABSENT: ABSTAIN: Newbrander, Puluqi, & Wilson McPherson & Snyder None None B. RESOLUTION NO. 80-80 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION NO. 80-16 AND THUS ESTABLISHING A REVISED TABLE OF AUTHORIZED POSITIONS FOR THE 1980/81 FISCAL YEAR. Mr. Bouman reviewed the provisions of the resolution. Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 80-80. Motion carried unanimously. C. RESOLUTION NO. 80-81 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING AN ADVANCE TO THE PALM DESERT REDEVELOPMENT AGENCY IN THE AMOUNT OF $807,000.00, SUCH ADVANCE TO BE TREATED AS A LOAN AND REPAID WITH INTEREST. Mr. Bouman reported that two weeks ago, the Redevelopment Agency had adopted its budget which included some major public improve- ment projects including the improvement of two parking lots and the improvement of the Alessandro Alley. In order to accomplish these and other projects and also to place the Agency in the debt position it must operate in, it was neces- sary for the City to make a loan to the Agency. This resolu- tion would accomplish this. Councilman Newbrander moved and Councilman Puluqi seconded to waive further reading and adopt Resolution No. 80-81. Motion carried unanimously. X. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 224 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING PURCHASING POLICY AND PROCEDURES. Mr. Bouman stated that this was a second reading, and there was no additional input. Councilman Newbx4nder moved and Councilman Puluqi seconded to waive further reading and ac .. Ordinance No. 224; carr4--1 unanimously. June 26, 1980 Page 8 MINUTES REGULAR CITY COUNCIL ETING ri * * Ji ii*iC .s - n iV n i: .* . : XI. CONSENT ITEMS HELD OVER E. REQUEST FOR RELEASE OF BONDS FOR TRACT NO. 10202, PORTOLA VILLAGE, RON RIMMER, APPLICANT. Councilman Newbrander stated that she had called for this item to be discussed in that she was concerned about the drainage from that property. She had received numerous complaints about it from the people on the south side of Goleta, adjacent to this property, and wanted to ensure they would be protected. Mr. Beebe responded that all of the drainage requirements as recommended by the registered civil engineer have been complied with. The next development will solve some more problems, but he did not feel there were any problems now existing that would endanger those residents. He pointed out that this developer has to put up a $25,000 maintenance bond for a year. That will take care of any drainage problems that might arise. Councilman Newbrander -moved -and Councilman Puiugi"`seconded t-o --- accept the work as complete and authorize the City Clerk to release all bonds for Tract No. 10202. Motion carried unanimously. XII. NEW BUSINESS (Reviewed and acted upon at the beginning of the Meeting.) XIII.. CONTINUING BUSINESS None XIV. OLD BUSINESS A. REQUEST FOR SELECTION OF CONSULTANT TO DO AN ENVIRONMENTAL IMPACT REPORT FOR GENERAL PLAN UPDATE AND ANNEXATION. Mr. Williams reported that on May 22nd, the Council had authorized Staff to solicit proposals for the preparation of an EIR related to the City's update of the General Plan and proposed annexation. Six firms were solicited, and three submitted proposals. These three have been reviewed by Staff in terms of qualifications and experience, and the Planning Center is recommended for selection at a cost not to exceed $39,975. This does exceed the $30,000 budgeted amount. However, the Environmental Services budget did include another amount for a study on the proposed Sports Center, and this report will not be needed. Councilman Snyder moved and Councilman Puluai seconded to approve the Agreement and authorize the Mayor and City Clerk to sign it. Motion carried unanimously. XV. ORAL COMMUNICATIONS MR. RALPH WOOD, Chairman of the Local Governmental Relations Committee of the Board of Realtors, commended Staff for an excellent job on the budget. He stated that his Committee had reviewed the budget thoroughly and could find no "fat" in it. MR. TIM JOHNSON, 43-101 Portola Avenue, Palm Desert, expressed support of Council's action in continuing the condominium con- version matter. He stated the City needed more apartments and especially by the College. He hoped that they would discuss it when the students were in town, not in the summer months. XVI. REPORTS AND REMARKS A. CITY MANAGER Mr. Bouman stated that at the last meeting, Council had set July 10 for a public hearing relative to the fire tax. It June 26, 1980 Page 9 MINUTES REGULAR CITY COUNCIL MEETING * i. * * * * * * * * n * * * * * * iC * is * * * * * * * * * i* * * XVI. REPORTS AND REMARKS (Continued) A. CITY MANAGER (Continued) has been determined that because of the requirement to legally notify each property owner, there is not enough time. There- fore, by Resolution No. 80-83, Staff is recommending that the Hearing be set for July 24th at 7:00 p.m. Councilman Puluqi moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 80-83. Motion carried unanimously. Mr. Bouman advised that as a result of the amendment to Resolution No. 80-79 wherein Council had transferred $100,000 to Street Resurfacing from the Civic Center account, a problem existed now with the resolution which adopted the budget, Resolution No. 80-75. Dave Erwin advised that this resolution could be reconsidered now and amended to reflect the provisions of Resolution No. 80-79. Councilman Puluqi moved and Councilman Newbrander seconded to amend Resolution No. 80-75 by taking $100,000 from the Civic Center Fund and putting it into the Street Resurfacing Fund. Motion carried on a 3-2 vote with Councilmen McPherson and Snyder voting NO. Councilman Snyder stated that if Council was indeed doing to confuse the budget issue, he would like to see the project of the beautification of Highway 111 undertaken. After further discussion, it was decided that this might be a Redevelopment Agency project. Staff was directed to investigate the matter, giving it a high priority. Mr. Bouman reported that Council, during Study Session, had expressed a preference to meeting for Study Session only on the weeks of Council meetings and to start the Session at 4:30 p.m. Council so directed Staff to schedule the meetings. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL None XVII. ADJOURNMENT Councilman Newbrander moved and Councilman Puluqi seconded to adjourn the meeting; carried unanimously. Mayor Wilson adjourned the meeting at 10:20 p.m. S. R0{ WILSON,- MAYOR ATTEST: SHEILA R. GTIXIGAN, CITY/CLERK CITY OF PALM DESERT, CAYIFORNIA June 26, 1980 Page 10 MINUTES REGULAR CITY COUNCIL MEETING EXHIBIT "A" REASONS FOR APPEAL 1. The issuance of a Negative Declaration of Environ- mental Impact with respect to the project as proposed fails to conform to the provisions of the California Environmental Quality Act (CEQA), the State EIR Guidelines, and the City's EIR procedures (Resolution 78-32). 2. There is no factual basis to support the issuance of a Negative Declaration with respect to the project as proposed in that the project results in significant environ- mental impacts which requite -the preparation Tf-a -full- - — Environmental Impact Report prior to project approval. 3. The City has failed to properly identify the significant effects of the project on the environment, to identify alternatives to the project, and to indicate the manner in which such significant effects can be mitigated or avoided. 4. All available mitigation measures have not been considered in assessing the environmental impacts of the project. 5. _ The City failed to give proper public notice prior to adoption of the Negative Declaration on the project on June 3, 1980, and that further, members of the public directly affected by this project have not been provided an adequate and reasonable opportunity to respond to the findings of the Negative Declaration. 6. There presently exists a substantial body of public opinion that considers the environmental effects of this project to be adverse. The City is therefore required to prepare an EIR to explore the environmental effects involved as contemplated by CEQA and the State EIR Guidelines. Only the preparation of an EIR on this project will demonstrate to an apprehensive citizenry that the City has in fact analyzed and considered all the environmental implications of its actions. June 26, 1980 Page 11