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HomeMy WebLinkAbout1982-06-10MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, JUNE 10, 1982 CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Wilson called the meeting to order at 7:05 p.m. II. PLEDGE OF ALLEGIANCE - Councilman James E. McPherson IV. V. VI. INVOCATION - Mayor Pro-Tempore Alexis D. Newbrander ROLL CALL Present: Councilman James E. McPherson Mayor Pro-Tempore Alexis D. Newbrander Councilman Romeo S. Puluqi Councilman Walter H. Snyder Mayor S. Roy Wilson Also Present: Martin J. Bouman, City Manager Carlos L. Ortega, Assistant City Manager Doug Phillips, Deputy City Attorney Ramon Diaz, Director of Environmental Services Barry McClellan, Director of Public Works Paul Byers, Director of Finance Sheila Gilligan, City Clerk AWARDS, PRESENTATIONS, AND APPOINTMENTS None CONSENT CALENDAR A. MINUTES of the Regular Meeting of the City Council of May 13, 1982. Rec: Approve as presented. B. MINUTES of the Adjourned Meeting of the City Council of May 20, 1982. Rec: Approve as presented. C. MINUTES of the Special Meeting and of the Regular Meeting of the City Council of May 27, 1982. Rec: Approve as presented. D. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 82-112, 82-113, and 82-114. Rec: Approve as presented. E. REQUEST FOR ENDORSEMENT OF THE RIVERSIDE COUNTY - YEAR 2000 POPULATION AND HOUSING PROJECTIONS. Rec: By Minute Motion, endorse the Riverside County year 2000 projected permanent population and housing for Palm Desert as 20,416 people and 17,195 dwelling units. MINUTES REGULAR CITY COUNCIL MEETING JUNE 10, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * F. MINUTES OF THE MANAGER'S PROPOSED USE HEARING FOR FEDERAL REVENUE SHARING FUNDS Held on Thursday, May 13, 1982. Rec: Receive and file. G. RESOLUTION NO. 3617 OF THE CITY OF INDIO= CALIFORNIA2 RELATING TO OPPOSITION TO THE ESTABLISHMENT OF AMTRAK PASSENGER RAIL SERVICE BETWEEN IMPERIAL VALLEY, COACHELLA VALLEY AND LOS ANGELES. Rec: Receive and file. H. APPLICATION FOR BINGO LICENSE BY PORTOLA COUNTRY CLUB. Rec: Approve the request and authorize the Code Enforcement Department to issue said permit. I. REQUEST FOR RELEASE OF FAITHFUL PERFORMANCE AND LABOR & MATERIAL BONDS FOR TRACT 15734, Shadow Mountain Resort & Racquet Club, Applicant. (Continued from the Meetings of May 13th and 20th, 1982.) Rec: Approve the request, accept a one-year Maintenance Bond, and authorize the City Clerk to release Faithful Performance and Labor & Material Bonds. J. LETTER OF SUPPORT FOR THE LORETTA HIGH DAY CARE CENTER From Dianne Funk, 72-755 Pitahaya Street, Palm Desert. Rec: Receive and refer to Staff and Planning Commission. K. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Nelda & Max Bayha and Sandra O'Day for "How Sweet It Is", 73-885 Presidents' Plaza East, Palm Desert. Rec: Receive and file. L. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Susan C. Barker for "Flowers by Susan", 72-221 Highway 111, Palm Desert. Rec: Receive and file. M. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Kazuhiko Suzuki and Kumi Romaniszyn for "House of Japan", 72-221 Highway 111, Palm Desert. Rec: Receive and file. Councilman Puluqi requested Item "L" be removed for discussion under Section XI of the Agenda. Councilman Newbrander requested Item "I" be removed for discussion under Section XI of the Agenda. Mayor Wilson requested Item "J" be removed for discussion under Section XI of the Agenda. Councilman Newbrander moved to approve the Consent Calendar as presented with the exception of Items "I, J. and L". Councilman Puluqi seconded the motion; carried unanimously. Vil. ORAL COMMUNICATIONS - A MR. LEE DeMOSS, 72-331 Canyon Lane, Palm Desert, addressed Council and presented copies of responses to a questionnaire the Palm Desert Business Alliance had received. He reviewed the responses and percentages (on file and -2- MINUTES _ REGULAR CITY COUNCIL MEETING JUNE 10, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * of public record in the Office of the City Clerk). Mr. DeMoss emphasized the merchants desire for a more attractive entrance to the city, including beautification of Highway 111. In addition, the questionnaire stressed the City should be conducting promotional efforts. • ' MRS. PATTY COWDEN addressed the Council and read a letter from the Palm Desert Business Alliance which stated that based on the recent poll, the Business Alliance believes the Council has received a mandate for the following recommendations: 1. That the Council appropriate sufficient money to fund the completion of landscaping/lighting of the Highway 111 median divider, all the way from just west of Highway 74 through Deep Canyon Drive. 2. That the Council appoint a citizen committee, responsible to the Council, for the purpose of studying and preparing recommendations (if any) to improve vehicular access to the Frontage Roads. They suggested that such a committee should include a number of Highway 111 business owners and that it should have a Council liaison member and expert Staff support. 3. That the Council agree in principle to appropriate sufficient money to fund an adequate City promotional effort in time for the next winter season. C Mayor Wilson thanked the group for their input inasmuch as it was timely for review during the budget setting process. Councilman Snyder concurred and thanked them for their cooperative attitude. Councilman Newbrander noted that the City's Street Beautification Committee had been working hard for over a year and had been successful in getting the first phase of Highway 111 beautification started. VIII. PUBLIC HEARINGS A. CONSIDERATION OF A REQUEST TO VACATE RIGHT-OF-WAY AT THE NORTHWEST CORNER OF PALM DESERT DRIVE AND SAN CARLOS AVENUE. (Continued from the Meetings of April 22, 1982, and May 13, 1982.) Mayor Wilson noted the Public Hearing was still Open from the previous meeting. Mr. McClellan stated that the item had been continued to allow staff time to try once again to contact the applicants. However, it was learned that the property had been sold, and the new owners did not care about the right-of-way vacation. He, therefore, recommended denial of the request. Mayor Wilson invited public input, and none was offered. He declared the Public Hearing Closed. Upon motion by Newbrander, second by McPherson, the request for vacation was denied by unanimous vote of the Council. B. REQUEST FOR CONSIDERATION OF PER PARCEL ASSESSMENTS FOR LANDSCAPING AND LIGHTING DISTRICT NO. 81-3, 1982-83 ASSESSMENT. Mayor Wilson declared the Public Hearing Open, and asked for Staff's report. Mr. McClellan stated this was the assessment district in the Vineyards development and was for the purpose of paying landscaping and lighting energy costs. However, there is a reserve from last fiscal year and there had been no electrical energy costs since the last street light has not yet been installed, Therefore, Staff recommended a $1.00 per parcel assessment. -3- MINUTES REGULAR CITY COUNCIL MEETING JUNE 10, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Wilson invited public input. MR. WAYNE UNTEREIN, 44-158 Acacia Street, Palm Desert, addressed Council stating as long as the assessment was only $1.00, he would not complain. Councilman McPherson explained to Mr. Unterein that his home was not located in this area„ that it was a subdivision located off Portola about 1-1/2 miles from Acacia Street. Mayor Wilson declared the Public Hearing Closed. Upon motion by Snyder, second by Puluqi, Resolution No. 82-62 was adopted by unanimous vote of the Council. C. REQUEST FOR CONSIDERATION OF PER PARCEL ASSESSMENTS FOR LANDSCAPING AND LIGHTING DISTRICT NO. 2, 1982-83 ASSESSMENT. Mayor Wilson declared the Public Hearing Open and asked for Staffs report. Mr. McClellan stated this was for the development known as Canyon Cove on Haystack Road and was for landscaping and street lighting costs. However, until the last street light is installed, the City will not take over the district. On the City Attorney's recommendation, Staff was proposing a minimum $1.00 per parcel assessment. Mayor Wilson invited public input, and none was offered. He declared the Public Hearing Closed. Upon motion by Newbrander, second by McPherson, Resolution No. 82-63 was adopted by unanimous vote of the Council. D. REQUEST FOR CONSIDERATION OF PER PARCEL ASSESSMENTS FOR LANDSCAPING AND LIGHTING DISTRICT NO. 1980-1, 1982-83 ASSESSMENT. Mayor Wilson declared the Public Hearing Open and asked for Staffs report. Mr. McClellan stated this district was for Presidents' Plaza. He noted that the assessment for the new fiscal year requires an increase to $27,000 to cover the estimated operating costs for the coming year and an $11,000 deficit from the prior assessment. Mayor Wilson invited public input, and none was offered. He declared the Public Hearing Closed. Upon motion by McPherson, second by Newbrander, Resolution No. 82-64 was adopted by unanimous vote of the Council. E. REQUEST FOR CONSIDERATION OF A STREET VACATION FOR A PORTION OF PALM DESERT DRIVE (NORTH) WEST OF MONTEREY AVENUE. Mayor Wilson declared the Public Hearing Open and asked for Staffs report. Mr. McClellan advised this item had not received proper legal advertising and requested Council's continuance to the meeting of June 24, 1982. Upon motion by McPherson, second by Newbrander, the request for consideration of a street vacation was continued to the Regular Council meeting of June 24, 1982, by unanimous vote of the Council. F. REQUEST FOR CONSIDERATION OF A VACATION OF A PEDESTRIAN WALKWAY BETWEEN VERBA SANTA DRIVE AND OCOTILLO DRIVE. Mayor Wilson declared the Public Hearing Open and asked for Staffs report. -4- MINUTES REGULAR CITY COUNCIL MEETING JUNE 10, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. McClellan reported that two of the four property owners had requested this vacation because the area is not maintained, automobiles and motorcycles go through the area creating noise and dust, and their property has been damaged by vehicles going through. They propose to extend their fences for security if the vacation is granted. Mayor Wilson invited public input. MR. W. S. SPALDING, 45-945 Verba Santa Drive, addressed Council as one of the applicants and in support of the walkway vacation. With no further input offered, Mayor Wilson declared the Public Hearing Closed. Upon motion by Newbrander, second by Snyder, Resolution No. 82-66 was adopted by unanimous vote of the Council. G. REQUEST FOR CONSIDERATION OF A STREET VACATION FOR DEEP CANYON ROAD SOUTH OF COVERED WAGON TRAIL AND FOR TORO PEAK ROAD SOUTH OF OLD PROSPECTOR TRAIL. Mayor Wilson declared the Public Hearing Open and asked for Staff's report. Mr. McClellan reported that Indian Wells Associates, developers of the Vintage Club, had requested that the City vacate Toro Peak Road south of Old Prospector Trail and Deep Canyon Road south of Covered Wagon Trail. The reason for the request is that the street is not needed, and the Vintage Club does not want Toro Peak Road running along the rear of property that will already be served by an interior street within their development. He noted that should the Council wish to vacate this land, it should reserve easements for the operation, maintenance, replacement, etc. of any and all utilities which exist below, above or on the ground in the area of the street. The City should further require the installation of curb and gutter at both locations in order to provide a standard knuckle to the specifications of the Public Works Director. Mayor Wilson invited public input. MR. CHARLES CALENDAR, Vintage Club, addressed Council in support of the Staff recommendation. Councilman Puluqi asked about the chain -link fence topped with barbed wire which Vintage had installed between their property and the rear of adjacent properties. He understood it was to be a block wall. Mr. Calendar stated that it was, but he did not know the timetable. He did, however, offer to return to the next Council meeting with such a schedule. With no further input offered, Mayor Wilson declared the Hearing Closed. Mr. Bouman suggested that Council continue the item to the next regular meeting and direct staff to obtain such a timetable. Mayor Wilson reopened the Hearing. MR. CALENDAR asked that Council not delay this action with his commitment to return with the requested information. Mayor Wilson declared the Hearing Closed. Upon motion by McPherson, second by Newbrander, Resolution No. 82-67 was adopted by unanimous vote of the Council. -5- MINUTES REGULAR CITY COUNCIL MEETING JUNE 10, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * H. REQUEST FOR CONSIDERATION OF A CHANGE OF ZONE FROM R-2 8,000 TO R-1 8,000 (SINGLE FAMILY RESIDENTIAL, 8,000 SQUARE FOOT MINIMUM LOT SIZE) FOR PROPERTY LOCATED SOUTH OF SKYWARD WAY BETWEEN CHIA DRIVE AND THE EASTERLY END OF BEL AIR ROAD. Mayor Wilson declared the Public Hearing Open. Mr. Daiz reviewed the report stating that shouuld the proposed change of zone be approved, it would assure that development of the property will be a single-family development compatible with the surrounding area. He noted that the Planning Commission had approved the change and recommended Council's approval. Mayor Wilson invited public input, and none was offered. He declared the Public Hearing Closed. Mayor Wilson stated he felt that R-1-10,000 was more consistent with neighboring dwelling units. Councilman Snyder concurred. Upon motion by Snyder, second by Newbrander, Ordinance No. 303, amended to read R-1-10,000 in Section 2, was passed to second reading by a 4-0-1 vote with Councilman Puluqi ABSENT from the room at the time of voting. I. REQUEST FOR CONSIDERATION OF A ZONING ORDINANCE AMENDMENT TO JOIN TOGETHER ALL APPLICATIONS ON AN INDIVIDUAL PROPERTY FOR THE PURPOSES OF DETERMINING THE EXPIRATION DATE OF SAID APPLICATIONS. Mayor Wilson declared the Public Hearing Open and asked for Staffs report. Mr. Diaz reviewed the proposed amendment which would join together all applicatons on an individual property for the purposes of determining the expiration date of said applications. He stated the proposed ordinance provides that the anniversary date for determining the expiration of any application approvals shall be tied to the effective approval date of the Tentative Tract Map. When there is no Tentative Tract Map application involved, the anniversary date for determining the expiration shall be tied to the effective approval date of the most recently approved application. When there is only an individual application relating to a particular property, then the expiration date of any approval shall be as set forth in the code relating to that application. He concluded by stating Staff's recommendation for approval. Mayor Wilson invited public input, and none was offered. He declared the Public Hearing Closed. Upon motion by McPherson, second by Newbrander, Ordinance No. 304 was passed to second reading by unanimous vote of the Council. J. REQUEST FOR CONSIDERATION OF A CHANGE OF ZONE FROM R-3 (3) MULTIPLE FAMILY RESIDENTIAL, FFICE PROFESSIONAL}SQANDRE FEET OF LOT AREA) TO O.P. NEGATIVE DECLARATION OF. ENVIRONMENTAL IMPACT FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF LARREA STREET AND LANTANA AVENUE. Mayor Wilson declared the Public Hearing Open and asked for Staffs report. Mr. Diaz stated that until recently, this site was used by the City's Public Works Department. The applicant is seeking a change of zone in order to convert the existing residence to an office use. He noted the General Plan designates the site Office Professional which is also consistent with the Land Use Element of the General Plan. He noted the Planning Commission's approval of said change and added Staffs recommendation for approval. -6- MINUTES REGULAR CITY COUNCIL MEETING JUNE 10, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Wilson invited public input, and none was offered. He declared the Public Hearing Closed. Upon motion by McPherson, second by Newbrander, Ordinance No. 305 was passed to second reading by unanimous vote of the Council. IX. RESOLUTIONS A. RESOLUTION NO. 82-69 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING TRANSFERS AMONG CAPITAL IMPROVEMENT RESERVE FUNDS. B. RESOLUTION NO. 82-70 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1981-82 BUDGET TO PROVIDE FOR AUDIT ADJUSTMENTS RELATIVE TO THE JULY, 1979, FLOOD DISASTER COSTS. Mr. Byers stated the transfers which would be authorized by the proposed Resolution No. 82-69 are required to fund the 1982-83 Capital Budget. Resolution No. 82-70 would close the books on the 1979 flood by refunding to the Civic Center Capital Improvement Reserve fund an amount of $21,442.10 which were costs not allowed by State and Federal grants. Upon motion by Newbrander, second by McPherson, Resolution Nos. 82-69 and 82-70 were adopted by unanimous vote of the Council. C. RESOLUTION NO. 82-71 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR A PUBLIC WORKS PROJECT. CASE NO. EA. 02-82. Mr. Bouman advisd that this was an assessment district for curb and gutter in the Palm Desert Property Owners' Association. He noted it was a normal action now to make a negative declaration on the project. Upon motion by McPherson, second by Newbrander, Resolution No. 82-71 was adopted by unanimous vote of the Council. D. RESOLUTION NO. 82-72 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS TO VACATE A PORTION OF RIGHT-OF-WAY IN TRACT 13915 UNDER THE PROVISIONS OF PART 3, DIVISION 9, OF THE STREETS AND HIGHWAYS CODE AND FIXING TIME AND PLACE FOR HEARING ALL PERSONS INTERESTED IN OR OBJECTING TO PROPOSED VACATION. Mr. McClellan reviewed the staff report and request for right-of-way vacation. He noted the proposed resolution would set a public hearing to consider the request. Upon motion by McPherson, second by Newbrander, Resolution No. 82-72 was adopted by unanimous vote of the Council. E. RESOLUTION NO. 82-73 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL MAP OF PARCEL MAP 18403. Mr. McClellan reviewed the report indicating this property consisted of 263.2 acres at the northeast corner of Frank Sinatra Drive and Portola Avenue in Annexation #13. All conditions of approval placed by the County of Riverside had been met, and Staff recommended approval of the Final Parcel Map. Upon motion by Puluqi, second by Snyder, Resolution No. 82-73 was adopted by unanimous vote of the Council. -7- MINUTES REGULAR CITY COUNCIL MEETING JUNE 10, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * F. RESOLUTION NO. 82-75 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AGREEMENT WITH CABLE TELEVISION INFORMATION CENTER (CTIC ASSOCIATES) FOR CONSULTING SERVICES. Mr. Bouman reported that the City had been using the services of Mr. Howard Gan of CTIC Associates for cable television consulting. However, no official agreement had been approved. The proposed resolution and exhibit would set forth the provisions of the contract. Upon motion by McPherson, second by Newbrander, Resolution No. 82-75 was adopted by unanimous vote of the Council. X. ORDINANCES For Introduction: A. ORDINANCE NO. 306 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 5.04.260 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO REFUNDS. Mr. Bouman reported that the City did issue refunds for unused business licenses. However, this policy was not provided for in the Municipal Code. The proposed ordinance would allow the tax administrator, with the approval of the City Manager, to issue refunds after withholding 25% for administrative fees. Upon motion by Newbrander, second by McPherson, Ordinance No. 306 was passed to second reading by unanimous vote of the Council. B. ORDINANCE NO. 307 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING SECTION 16.02 TO THE PALM DESERT MUNICIPAL CODE PROHIBITING THE USE OF COMBUSTIBLE ROOFING MATERIALS. Mr. Bouman noted this ordinance had been discussed at length in Study Session and came at the request of the City Council. Upon motion by McPherson, second by Newbrander, Ordinance No. 307 was passed to second reading by unanimous vote of the Council. C. ORDINANCE NO. 308 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 26.49.050 OF THE PALM DESERT MUNICIPAL CODE RELATING TO DRAINAGE FEES. Mr. McClellan reported that the adopted Master Plan of Drainage recommends that drainage fees be reviewed and adjusted to reflect current construction costs. Based on the latest information available, the Consumer Price Index has increased 28.6%. By applying that calculation, staff recommended an increase from $2,500 to $3,200, from $2,800 to $3,600, and from $3,700 to $4,800. The proposed ordinance would approve these increases. Upon motion by McPherson, second by Puluqi, Ordinance No. 308 was passed to second reading by unanimous vote of the Council. For Adoption: None -8- MINUTES REGULAR CITY COUt4CIL MEETING - JUNE 10, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XI. CONSENT ITEMS HELD OVER I. REQUEST FOR RELEASE OF FAITHFUL PERFORMANCE AND LABOR & MATERIAL BONDS FOR TRACT 15734. Shadow Mountain Resort & Racquet Club, Applicant. (Continued from the Meetings of May 13th and 20th, 1982.) Rec: Approve the request, accept a one-year Maintenance Bond, and authorize the City Clerk to release Faithful Performance and Labor & Material Bonds. Councilman Newbrander stated she had requested discussion on this item to make sure that all conditions had been met. Mr. Diaz stated there was still confusion as to conditions relative to the wall and requested Council's indefinite continuance of the item. Upon motion by Newbrander, second by Puluqi, the request for release of Faithful Performance and Labor and Material Bonds for Tract 15734 was continued indefinitely by unanimous vote of the Council. J. LETTER OF SUPPORT FOR THE LORETTA HIGH DAY CARE CENTER From Dianne Funk, 72-755 Pitahaya Street, Palm Desert. Rec: Receive and refer to Staff and Planning Commission. Mr. Diaz reported that the application for the operation of this day care center had been heard and denied by the Planning Commission. He noted there had been considerable opposition presented during the public hearing by neighbors. Councilman McPherson said that the proposed care center was located in his neighborhood, and he was inclined to agree with the letter of support. He indicated he might file an appeal. Upon motion by the Mayor, second by Puluqi, the letter of support was received for filing by unanimous vote of the Council. L. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Susan C. Barker for "Flowers by Susan", 72-221 Highway 111, Palm Desert. Rec: Receive and file. Councilman Puluqi stated he had requested discussion on this item to determine why a florist would need a liquor license. Councilman Newbrander pointed out that often baskets of flowers contain a bottle of champagne. Upon motion by Snyder, second by Puluqi, the application was received for filing by unanimous vote of the Council. XII. NEW BUSINESS A. . REQUEST FOR RECOMMENDATION TO SUNLINE BOARD OF DIRECTORS RELATIVE TO FUNDING CONCEPTS. Mr. Bouman reviewed the staff report stating he recommended the formula for 2/3 population-1/3 service hours because it seems to be a reasonable compromise which still gives individual entities some power in determining the level of service they desire. The formula would cost the City $115,569. Since our anticipated TDA allocation for 1981/82 is approximately $172,000, there would remain about $56,000 for street improvements. He concluded by pointing out that this funding program represents costs for a "reduced service level", regular backbone route service, valley -wide tel-a-ride (for the Foundation for the Retarded of the Desert) and three interim hours of tel-a-ride. Councilman McPherson stated that Palm Desert derives very little benefit except for the backbone system. -9- MINUTES REGULAR CITY COUNCIL MEETING JUNE 10, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Puluqi moved to approve the funding formula based on 2/3 population, 1/3 service hours. Councilman Newbrander seconded the motion; carried unanimously. B. REQUEST FOR APPROVAL OF APPLICATION FOR 1976 STATE GRANT MONIES FOR THE PALM DESERT PARKS PROJECT. Mr. Bouman reported that it looked like the City stood a good chance of obtaining $73,000 in Park Bond monies to help finance the Sports Complex. The proposed resolution allowed the City to make such an application. Upon motion by Snyder, second by Puluqi, Resolution No. 82-74 was adopted by unanimous vote of the Council. In addition, Mr. Bouman noted that the State required an amendment to the existing lease agreement with the School District for the property. These amendments are: Section 2 on Page 1 amended to read: 2. Term: The term of this Agreement, as amended shall be effective for a period of twenty-five (25) years from the date of execution of amendment or until the termination hereof by both parties as set forth herein. Section 13 on Page 5 amended to read: 13. Termination; Removal of Facilities: Termination of this lease shall be by mutual agreement of both parties subject to the following provisions: a) Lessor may at its sole option seek to terminate this lease by the giving of at least 120 days written notice to Lessee of its desire so to do, and of the intended effective date of such termination. b) Lessee may at its sole option seek to terminate this lease by the giving of at least 120 days written notice to Lessor of its desire so to do, and of the intended effective date of such termination. c) Former a) - unchanged. d) Former b) - unchanged. e) Former c) - unchanged. Upon motion by Puluqi, second by McPherson, the Agreement with the Desert Sands Unified School District was amended as set forth by Mr. Bouman by unanimous vote of the Council. C. REQUEST FOR APPROVAL OF A CONTRACT WITH BOB DOWNS, INC. FOR AIR-CONDITIONING SERVICE FOR THE CITY HALL, PUBLIC WORKS AND LIBRARY FACILITIES FOR FISCAL YEAR 1982- 83. Councilman McPherson moved to approve the request and authorize the Mayor and City Clerk to execute a contract with Bob Downs, Inc. Councilman Newbrander seconded the motion; carried unanimously. D. REQUEST FOR CONSIDERATION OF A REQUEST TO PAY DRAINAGE FEES FOR TRACT 14996 IN TWO INSTALLMENTS, WAGNER-STANFORD CONSULTANTS, APPLICANT. Mr. McClellan reviewed the staff report noting that a time extension had been granted in September, 1980, and at that same meeting, the drainage fees were raised from $1,500 per acre to $3,700 per acre. The applicant had been working on financing under the assumption the fees were the lower of the two figures. Because it would place a financial -10- MINUTES REGULAR CITY COUNCIL MEETING DUNE 10, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * hardship on her, she is now requesting permission to pay the fees in two installments. Councilman Snyder felt there should be some type of lien on the property. MRS. INGRID MAC, applicant, addressed Council and reviewed her financing package, pointing out that she needed the cash flow of the first two phases to enable her to pay the second portion of the fees. Mr. McClellan assured Council that no permit would be issued after the second phase until the fees were paid. Councilman Snyder moved to approve the request to pay the drainage fees for Tract No. 14996 in two installments. Councilman Puluqi seconded the motion; carried unanimously. E. REQUEST FOR CONSIDERATION OF A REDUCTION IN DRAINAGE FEES FOR ON -SITE RETENTION OF STORMWATER, SUNRISE COMPANY, APPLICANT. Mr. McClellan explained that the Lakes Development is a condominium project constructed around a golf course which also serves as a stormwater retention basin. All runoff from the project drains into a series of ponds, lakes and swales and remains on -site with a retention system for a 100-year storm. The developer is requesting that since he is not contributing to flood waters off -site, he should not have to pay for downstream drainage facilities. Their request is similar to one granted to Tract 15000, Pacific Coast Builders. Mr. McClellan concluded by recommending approval of the request. Councilman Snyder expressed his feeling that the developer had a responsibility for off -site waters. Councilman Puluqi concurred. The developer was not present to answer questions. Upon motion by Mayor Wilson, second by Puluqi, the item was continued to the meeting of June 24, 1982, by unanimous vote of the Council. F. REQUEST FOR APPROVAL TO CONSTRUCT A CUL-DE-SAC ON LITTLE BEND TRAIL. Mr. McClellan reported the 15 homeowners had requested this cul-de- sac. He noted there are several reasons why staff feels this construction is not possible: 1) the requested cul-de-sac would be constructed entirely within the proposed park site immediately west of the Silver Spur Tract. The Director of Environmental Services has expressed opposition to the loss of any land in the park site for street purposes; 2) Legal access must be provided to Lot G through Little Bend Trail, and there is a public utility access easement over this lot as well; 3) the construction of the requested drainage facilities would divert stormwater flows and prevent access to Lot G which is a paved private road. Staff recommended denial of the request. Upon motion by McPherson, second by Newbrander, the request for a cul-de- sac was denied by unanimous vote of the Council. XIII. CONTINUED BUSINESS None XIV. OLD BUSINESS None XV. ORAL COMMUNICATIONS - B None -11- MINUTES REGULAR CITY COUNCIL MEETING JUNE 10, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVI. REPORTS AND REMARKS A. CITY MANAGER 1. REqUEST FOR ADVANCE TO ASSESSMENT DISTRICT 81-1, FUND Mr. Bouman reported that a cash advance is required for the subject district, not to exceed $5,000 from the General Fund, to cover costs presently being incurred. Councilman Newbrander moved to authorize an advance not to exceed $5,000 from the General Fund to the District 81-1 Assessment Fund. Councilman Puluqi seconded the motion; carried unanimously. 2. CIVIC CENTER Mr. Bouman reported the Council had five courses of action to take relative to the proposed civic center construction: 1. Reject all bids, order a redesign by the architect, and call for new bids. 2. Award the contract to the apparent low bidder with the stipulation that the award not be valid unless the cost of the project is brought down to below the budgeted $2.4 Million, and further, that the architect shall not be relieved of his responsibility for redesigning the project until and unless the City gets the cost down, and further the contractor be agreeable to a hold harmless agreement with the City if litigation arises. 3. Reject all bids and negotiate with all bidders to get the cost down. 4. Reject all bids and negotiate with the low bidder only. 5. Reject all bids and negotiate with the low bidder to an impasse which means we could not get it down below budget, and then in turn, negotiate with the next lowest bidder. He noted that implied in all of these is that Staff would report back to Council with whatever action is necesary. Mayor Wilson noted that #4 had been recommended by Staff, the City Attorney, and the architect. Councilman McPherson moved to accept the recommendation of the advisors, If4 - to reject all bids and negotiate with the low bidder only, and to direct the City Attorney to prepare Resolution No. 82-76 outlining findings and this action. Mayor Wilson seconded the motion. Motion carried on a 4-1 vote with Councilman Puluqi voting NO. 3. CALL FOR BIDS FOR SPORTS COMPLEX Mr. Bouman requested Council's authorization to call for bids for the Sports Complex. Councilman Puluqi moved to approve the plans and specifications and authorize Staff to call for bids for the construction of the Sports Complex. Councilman Snyder seconded the motion; carried. unanimously. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL -12- MINUTES REGULAR CITY COUNCIL MEETING JUNE 10, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Wilson asked that everyone note the Future Meetings listed on the Agenda. XVII. ADJOURNMENT Upon motion by McPherson, second by Snyder, and unanimous vote of the Council, Mayor Wilson adjourned the meeting to Closed Session at 9:37 p.m. for the purpose of discussing personnel matters. Mayor Wilson reconvened the meeting at 10:45 p.m. and immediately adjourned with no action taken. ATTEST: -i SHEILA R. GILtIGAN, CITY. ERIC CITY OF PALM DESERT, IFORNIA -13-