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HomeMy WebLinkAbout1982-05-13MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, MAY 13, 1982 CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. II. IV. V. VI. CALL TO ORDER Mayor Wilson called the meeting to order at 7:04 p.m. PLEDGE OF ALLEGIANCE - Councilman James E. McPherson 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 David J. Erwin, City Attorney Carlos L. Ortega, Assistant City Manager Ramon Diaz, Director of Environmental Services Barry McClellan, Director of Public Works Paul Byers, Director of Finance Sheila R. Gilligan, City Clerk AWARDS, PRESENTATIONS, AND APPOINTMENTS None CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of April 22, 1982. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 82-102, 82-103, and 82-104. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By DESERT DESSERT CO., INC., 72-655 Highway 111, Space B-6, Palm Desert, California. Rec: Receive and file. D. RESOLUTION NO. 82-39 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND AUTHORIZING THE DESTRUCTION OF FILES FROM THE DEPARTMENT OF BUILDING AND SAFETY THAT HAVE BEEN MICROFICHED. Rec: Waive further reading and adopt. MINUTES REGULAR CITY COUNCIL MEETING MAY 13, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E. RESOLUTION NO. 82-40 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND AUTHORIZING THE DESTRUCTION OF FILES FROM THE DEPARTMENT OF BUILDING AND SAFETY THAT HAVE BEEN MICROFICHED. Rec: Waive further reading and adopt. F. APPLICATION TO PRESENT LATE CLAIM/OSSELLO v. CITY OF PALM DESERT. Rec: Deny the Application to Present Late Claim and instruct the City Clerk to so advise the claimant. G. REQUEST FOR APPROVAL OF A TEMPORARY SIGN, FOUNDATION FOR THE RETARDED OF THE DESERT, APPLICANT. Rec: Approve the request as set forth in Section 25.68.540 of the Palm Desert Municipal Code. H. RESOLUTION 82-140 OF THE COUNTY OF RIVERSIDE IN SUPPORT OF PROPOSITION 9. Rec: Receive and file REQUEST FOR RELEASE OF FAITHFUL PERFORMANCE AND LABOR & MATERIAL BONDS FOR TRACT 15734, Shadow Mountain Resort & Racquet Club, Applicant: Rec: Approve the request, accept a one-year Maintenance Bond, and authorize the City Clerk to release Faithful Performance and Labor & Material Bonds. J. REQUEST FOR RELEASE OF MONUMENTATION CASH DEPOSIT FOR TRACT 5357, Home Capitol Corp., Applicant. Rec: Approve the request and authorize the City Clerk to release said deposit. K. REQUEST FOR RELEASE OF MONUMENTATION BOND FOR TRACT 9377-1, The Biddle Group, Applicant. Rec: Approve the request and authorize the City Clerk to release said bond. L. REQUEST FOR RELEASE OF LABOR & MATERIAL, MONUMENTATION AND MAINTENANCE BONDS FOR TRACT NOS. 9377-2, 9377-3, AND 9377-4, The Biddle Group, Applicant. Rec: Approve the request and authorize the City Clerk to release said bonds. Councilman Newbrander requested that Item "I" be removed for discussion and action under Section XI, Consent Items Held Over, of the Agenda. Upon motion by McPherson, second by Snyder, the Consent Calendar, with the exception of Item "I", was approved as presented by unanimous vote. VII. VID. ORAL COMMUNICATIONS - A None PUBLIC HEARINGS -2- MINUTES REGULAR CITY COUNC v1EETING MAY 13, 1982 * * * * * * * * * * * * * * * * * * * * * * * x * * * * * * * * * A. CONSIDERATION OF AN APPROVAL FOR TT 18027 (AMENDMENT), ALLOWING CONSTRUCTION OF 10 CONDOMINIU;M UNITS IN THE PR-7, S.P. ZONE (PLANNED RESIDENTIAL, 7 D.U./ACRE, SCENIC PRESERVATION OVERLAY) LOCATED AT THE SOUTHEAST CORNER OF PARKVIEW DRIVE AND FUTURE EXTENSION OF FAIRHAVEN DRIVE. CASE NO. TT 18027 (AMENDMENT), MOE HOFFMAN, HOFFMAN BUILDERS, INC., APPLICANTS. (Continued from Meetings of April 8 and 22, 1982.) Mayor Wilson stated the Public Hearing was still open and asked for Staff's report. Mr. Diaz reported that on May 5th a committee composed of members of the City Council, Planning Commission and staff met with the applicant. The concerns relating to height and access were discussed at that meeting. Four additional conditions were proposed and agreed upon. For the record, he noted a change in the applicant who is now Mr. Ward of OSC Enterprises, and he has agreed to those 4 additional conditions in a letter submitted to staff. These conditions are as follows: 1. That access rights to Lot 7 (private street) from Lots 1 through 6 of Tentative Tract 18027 shall be granted via recorded access easement agreement. 2. The proposed mezzanines within the condominium units shall be deleted. 3. The development of Lot 6 shall meet all City zoning standards with regards to height and number of stories. 4. A final map for Tentative Tract Map 18027 shall be filed prior to approval of a final map for Tentative Tract 18027 Amendment, and all conditions set forth in City Council Resolution No. 81-132 complied with. Based upon these mutual agreements, staff recommended approval of the request by adoption of Resolution No. 82-26 as amended. Mayor Wilson invited input from the applicant. MR. CHARLES MARTIN, 73-160 El Paseo, Palm Desert, addressed Council on behalf of the applicant and in concurrence with staff. Mayor Wilson invited input either in FAVOR of or in OPPOSITION to the request, and none was offered. He declared the Public Hearing Closed. Upon motion by Snyder, second by McPherson, Resolution No. 82-26 as amended was adopted by unanimous vote of the Council. B. CONSIDERATION OF A REQUEST TO VACATE RIGHT-OF-WAY AT THE NORTHWEST CORNER OF PALM DESERT DRIVE AND SAN CARLOS AVENUE. (Continued from the Meeting of April 22, 1982.) Mayor Wilson stated the Public Hearing was still open and asked for staff's report. Mr. Bouman stated that the Director of Public Works had requested another continuance of this item to the meeting of June 10, 1982, Lo allow staff time additional time to contact the applicant. Mayor Wilson invited public input, and none was offered. Upon motion by McPherson, second by Newbrander, the item was continued to the Regular City Council meeting of June 10, 1982, by unanimous vote. - 3- MINUTES REGULAR CITY COUNCIL MEETING MAY 13, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. CASE NO. GPA 01-82 - CITY OF PALM DESERT, APPLICANT: REQUEST FOR CONSIDERATION OF AN AMENDMENT TO THE CIRCULATION ELEMENT OF THE CITY'S GENERAL PLAN TO DELETE A PORTION OF MAGNESIA FALLS DRIVE, BETWEEN DEEP CANYON ROAD AND COOK STREET. Mayor Wilson declared the Public Hearing Open and asked for Staff's report. Mr. Diaz reviewed the report in detail. He noted that it was the Planning Commission's feeling that to extend Magnesia Falls Drive east from its present easterly limit at Deep Canyon Road would not serve a circulation function since access to the east is available from Fred Waring Drive. In addition, the proposed alignment of the street adjacent to the Whitewater Storm Channel would intersect Cook Street at the dip and thereby create an unsafe visibility situation. Councilman McPherson stated that Deep Canyon Road is already a heavily traveled street and is only half width. Mr. Diaz responded that it will be widened at some point. Councilman McPherson asked that it be made a priority item. Mayor Wilson invited public input, and the following was offered: MR. RICHARD CLARK, 74-425 Goleta Street, Palm Desert, addressed Council expressing concern that Fred Waring Drive was already too busy for the children and that an alternate route to the sports complex was necessary. With no further input offered, Mayor Wilson declared the Public Hearing Closed. Council expressed concurrence with Mr. Clark's suggestion for an alternate route to the complex and stated that it could run to the site and end as a cul-de-sac. Mr. Diaz suggested the following amendment to the proposed resolution: "To terminate Magnesia Falls as a secondary highway from the westerly boundary of the sports complex to Cook Street". Upon motion by Puluai, second by Snyder, Resolution No. 82-41 was adopted, as amended, by unanimous vote of the Council. D. CASE NO. ZOA 01-82 - CITY OF PALM DESERT, APPLICANT: REQUEST FOR CONSIDERATION OF AN AMENDMENT TO THE ZONING ORDINANCE REVISING THE CITY'S MINIMUM AREA REQUIREMENTS FOR RESIDENTIAL STRUCTURES. Mayor Wilson declared the Public Hearing Open and asked for Staff's report. Mr. Diaz stated that at a joint City Council -Planning Commission session on March 16, 1982, one of the topics of discussion was the present minimum size requirements. Thus staff was directed to prepare an ordinance that would permit studio apartments with a minimum area of 450 sq. ft; reduce the required minimum dwelling unit size in the RE zone to 1,000 sq. ft; and to permit the Design Review Board of Planning Commission to approve units below the required minimums in the multi - residential districts under special circumstances. He noted the proposed ordinance accomplished these recommendations and requested Council's approval. Mayor Wilson invited public input either in FAVOR of or in OPPOSITION to the request. None was offered. He declared the Public Hearing Closed. -4- MINUTES REGULAR CITY COUN MEETING MAY 13, 1982 * * * * * * * * * * * * * * * * * * * * * *--* * * * * * * * * * Upon motion by McPherson, second by Snyder, Ordinance No. 297 was passed to second reading by a 4-1 vote of the Council with Councilman Snyder voting NO. E. CASE NO. ZOA 03-82 - CITY OF PALM DESERT, APPLICANT: REQUEST FOR CONSIDERATION OF AN AMENDMENT TO THE ZONING ORDINANCE REVISING MAXIMUM NOISE LEVELS IN THE C-1 ZONE. Mayor Wilson declared the Public Hearing Open and asked for Staff's report. Mr. Diaz reported that the proposed amendment to the zoning ordinance will review the maximum permitted noise levels in the C-1 zone. Presently the noise level is limited to 65 decibels above the ambient level of the area. Staff feels that a noise level this high would be excessive and unacceptable. A level of 5 decibles above the ambient noise level would be reasonable. He passed out a graph which showed the levels. Mayor. Wilson invited public input in FAVOR of or in OPPOSITION to the request, and none as offered. He declared the Public Hearing Closed. Upon motion by Newbrander, second by McPherson, Ordinance No. 298 was passed to second reading by unanimous vote of the Council. F. CASE NO. ZOA 10-81 - CITY OF PALM DESERT, APPLICANT: REQUEST FOR CONSIDERATION OF AN AMENDMENT TO THE ZONING ORDINANCE ESTABLISHING A PRECISE PLAN REQUIREMENT. Mayor Wilson declared the Public Hearing Open and asked for Staff's report. Mr. Diaz explained that the purpose of the proposed Precise Plan is to implement a more comprehensive development review procedure whereby the Planning Commission will review plot plans while the Design Review Board reviews design and landscape plans. The ordinance will also fill some present holes in the Development Plan procedure. Presently developments in Planned Residential and Planned Commercial zones are subject to the Development Plan procedures. The proposed amendment will required that developments in any commercial zone and any residential zone except for the R-1 and RE zones obtain Precise Plan approval. Councilman Puluqi asked whether or not input from developers was requested when making these changes, and Mr. Diaz responded that it was. Mayor Wilson noted that the proposed ordinance reflected the change would also occur in R-2 zones. Mr. Diaz responded this was an error and would be omitted prior to second reading of the ordinance. Mayor Wilson invited public input, and none was offered. He declared the Public Hearing Closed. Councilman Snyder stated that this would streamline the current process and would be a definite improvement. Upon motion by Snyder, second by McPherson, Ordinance No. 299 as amended was passed to second reading by unanimous vote of the Council. G. CASE NO. CIZ 03-82 - CHARLES MILLER, APPLICANT: REQUEST FOR CONSIDERATION OF A CHANGE OF ZONE FROM R-1 (SINGLE- FAMILY RESIDENTIAL) TO O.P. (OFFICE PROFESSIONAL) FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF LARREA AND LANTANA. -5- MINUTES REGULAR CITY COUNCIL MEETING MAY 13, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Wilson declared the Public Hearing Open and asked for Staff's report. Mr. Diaz reported that the applicant is seeking a change of zone from R-1 to Office Professional in order to convert the existing residence to an office use. He noted the General Plan designates the site as OP. The request is, therefore, in conformance with the Land Use Element of the General Plan, and Staff recommended approval. Mayor Wilson invited input from the applicant. MR. CHARLES MILLER, applicant, indicated his concurrence with Staff's recommendation. Mayor Wilson invited public input either in FAVOR of or in OPPOSITION to the request, and none was offered. He declared the Public Hearing Closed. Upon motion by McPherson, second by Puluqi, Ordinance No. 300 was passed to second reading by unanimous vote of the Council. H. CASE NOS. DP 01-82, ADJ 01-82, AND 164 C - ROY W. CARVER, APPELLANT: REQUEST FOR CONSIDERATION OF AN APPEAL FROM CERTAIN CONDITIONS IMPOSED BY THE CITY OF PALM DESERT PLANNING COMMISSION IN GRANTING APPROVAL FOR DEVELOPMENT OF SAGEWOOD SHOPPING CENTER LOCATED AT THE SOUTHEAST CORNER OF MONTEREY AVENUE AND COUNTRY CLUB DRIVE. Mayor Wilson declared the Public Hearing Open and asked for Staff's report. Mr. Diaz passed out a letter from the appellant, Mr. Carver. He stated that at the time of the application for the appeal, there were six conditions of approval that the applicant was appealing. As indicated in the Staff report since objections to those conditions were not raised at the Planning Commission hearing on April 6, 1982, Staff would recommend that the matter be referred to the Planning Commission for consideration and then back to Council for report. Since that time, however, the applicant has agreed to five of the six conditions, and the only condition he is appealing at this time is a Department of Public Works condition that the plans should be amended to provide a median break be permitted on Monterey 250 feet south of the intersection of Country Club in order to permit left -turn ingress and egress at that point into the center. The applicant is also requesting a median break on Country Club. Since these matters are 1) within the realm of the Department of Public Works and 2) directly related to the Traffic Committee, the Director of Public Works has reviewed both of these requests and presented alternatives to the applicant, basically if ingress and egress from Country Club Drive is desired, then one driveway on Country Club should be constructed and the proposed two driveways eliminated. If the applicant wished to have a left turn into the center for traffic that is heading west from Country Club Drive, Staff proposed to eliminate both of those entries and have only one entry in the center. The reason for that is the proximity of Monterey and Sagewood; to put the left turn access in at the existing driveway would place it too close to Sagewood and would result in conflicts if moved further to the west. Because it is a traffic matter, he recommended that the issue of ingress and egress from those two streets be referred to the Public Works Department for formal report and recommendation to you at the next meeting. Mayor Wilson invited input from the appellant: MR. BILL CARVER, appellant, addressed Council stating they had developed other centers in the area and had always been hurt by the -6- MINUTES PEGULAR CITY COUNT"" MEETING MAY 13, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * fact that many of the properties developed don't take into account not only the traffic on the street, but also the merchants that are in business in these centers. He reviewed examples. He respectfully requested Council's favorable consideration of his appeal. Council discussion followed relative to the request. Councilman McPherson moved to continue the matter to the Adjourned Meeting of May 20, 1982, with direction to the Department of Public Works and the Department of Environmental Services to meet with the appellant in an attempt to work out a mutually acceptable solution. Councilman Newbrander seconded the motion; carried unanimously. IX. RESOLUTIONS A. RESOLUTION NO. 82-42 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS INTENT TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPING & LIGHTING ASSESSMENT DISTRICT 1980-1 IN FISCAL YEAR 1982-83. Mr. McClellan reported that this item was an annual requirement stipulated by State statute, and it is a request for a Public Hearing to be held the first meeting in June to levy the annual assessment in this district which is Presidential Plaza. At the time of the hearing, there will be a staff report and an engineer's report listing the proposed assessments for the year. Upon motion by Newbrander, second by McPherson, Resolution No. 82-42 was adopted by unanimous vote of the Council. B. RESOLUTION NO. 82-43 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS INTENT TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPING & LIGHTING ASSESSMENT DISTRICT 81-3 IN FISCAL YEAR 1982-83. Mr. McClellan stated this resolution was the same as the previous one and covered the area known as the Vineyards. Upon motion by McPherson, second by Pulugi, Resolution No. 82-43 was acopted by unanimous vote of the Council. C. RESOLUTION NO. 82-44 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS INTENT TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPING AND LIGHTING DISTRICT NO. 2 (LEWIS HOMES) IN FISCAL YEAR 1982-83. Mr. McClellan stated this was the same as the previous two resolutions and set a public hearing to consider the assessments for the area known as Canyon Cove on Haystack Road. Upon motion by McPherson, second by Newbrander, Resolution No. 82-44 was adopted by unanimous vote of the Council. D. RESOLUTION NO. 82-45 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS TO VACATE A PORTION OF DEEP CANYON ROAD SOUTH OF COVERED WAGON TRAIL AND TORO PEAK ROAD SOUTH OF OLD PROSPECTOR TRAIL 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. -7- MINUTES REGULAR CITY COUNCIL MEETING MAY 13, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. McClellan stated that the Vintage Club, Indian Wells Associates, submitted a request to the City of Palm Desert to consider vacating the terminus of Deep Canyon Road and Toro Peak Road where it would access into Indian Wells' Vintage Club. This matter has been before the Planning Commission, and they found it in conformance with the General Plan. The purpose of the proposed resolution is to set a time and place for a public hearing for the matter to be considered. Upon motion by McPherson, second by Newbrander, Resolution No. 82-45 was adopted by unanimous vote of the Council. E. RESOLUTION NO. 82-46 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS TO VACATE A PEDESTRIAN WALKWAY BETWEEN VERBA SANTA STREET AND OCOTILLO STREET 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 stated the City had received a request from two of the four property owners that live along this ten -foot pedestrian way that was provided when the land was originally subdivided 20 years ago. The purpose of the ten -foot walkway was for pedestrian access, and it is still unimproved. The applicants state in their request it is now being used by vehicles, and they have suffered property damage from time - to -time. Staff recommended adoption of the resolution which sets a time and place for a public hearing to consider the matter. Upon motion by McPherson, second by Puluqi, Resolution No. 82-46 was adopted by unanimous vote of the Council. X. ORDINANCES For Introduction: A. ORDINANCE NO. 301 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 5.28 OF THE CODE OF THE CITY OF PALM DESERT, RELATING TO COIN OPERATED MACHINES. Mr. Bouman reported that this recommendation came from the City Attorney's Office. It removes from the rate schedule the matter of a minimum of fifty dollars, and that deals with the rate of 1% of gross receipts of coin operated machines. The reason for this change is that there is recently enacted State law that says you cannot set a minimum. Councilman Puluqi disagreed with the revision. He felt that a minimum should be permissible. Mr. Erwin explained that the City could not supercede State law. Councilman Newbrander stated her objection to any coin operated machine being allowed in the City at all. Upon motion by McPherson, second by Snyder, Ordinance No. 301 was passed to second reading on a 3-2 vote with Councilmen Newbrander and Puluqi voting NO. B. ORDINANCE NO. 302 - AN ORDINANCE CF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 15.28 OF THE CODE OF THE CITY OF PALM DESERT, RELATING TO CONSTRUCTION HOURS. Mr. Bouman explained that this revision merely clarified the wording of the ordinance and did not change its intent. -8- MINUTES REGULAR CITY COUNT'. MEETING * * * * • * * * it • MAY 131 1 Upon motion by McPherson, second by Newbrander, Ordinance No. 302 was passed to second reading by unanimous vote of the Council. For Adoption: A. ORDINANCE NO. 292 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING BY REFERENCE THE 1981 NATIONAL ELECTRICAL CODE HEREINAFTER DESIGNATED AS CHAPTER 22 - PALM DESERT ELECTRICAL CODE. Mr. Bouman reported there had been no further input since the first reading of the ordinance. Upon moton by Newbrander, second by McPherson, Ordinance No. 292 was adopted by unanimous vote of the Council. B. ORDINANCE NO. 296 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.020 RELATING TO SPEED ZONES. Mr. Bouman reported there had been no further input since the first reading of the ordinance. Upon motion by Snyder, second by Puluqi, Ordinance No. 296 was adopted by unanimous vote of the Council. XI. CONSENT ITEMS HELD OVER I. REQUEST FOR RELEASE OF FAITHFUL PERFORMANCE AND LABOR do MATERIAL BONDS FOR TRACT 15734, Shadow Mountain Resort do Racquet Club, Applicant: Rec: Approve the request, accept a one-year Maintenance Bond, and authorize the City Clerk to release Faithful Performance and Labor do Material Bonds. Councilman Newbrander stated that all requirements had not been met on this tract and thus the item should be continued. pon motion by Newbrander, second by Puluqi, Item "1" of the Consent Calendar was continued to the meeting of May 20, 1982, by unanimous vote. XII. NEW BUSINESS A. REQUEST FOR APPROVAL OF PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF THE PALM VALLEY STORM WATER PROJECT. Mr. Ortega stated the plans and specifications for the Redevelopment Project are complete for the basic project. Staff was requesting Council's approval of these plans and specifications at this time. When the Agency Agenda comes up, then Staff will propose, in conformance with the pending agreement with the CVWD, a list of recommendations and conditions. He noted that the Council did not need to have a budget approved to act on this. Councilman McPherson moved to approve the plans and specifications and authorize the Coachella Valley Water District to seek bids upon submittal of final plans and specifications from the Bechtel Corporation. Councilman Puluqi seconded the motion; carried by unanimous vote of the Council. B. REQUEST FOR CONSIDERATION OF CITY'S PARTICIPATION IN FUNDING FOR THE FOUNDATION FOR THE RETARDED OF THE DESERT'S NEW FACILITY. -9- MINUTES REGULAR CITY COUNCIL MEETING MAY 13, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Ortega reported that Staff recommended the City's participation of approximately $69,000 of 8th year program monies to assist in the funding provided: 1. The County finds the project feasible. 2. The project will be constructed in a timely manner. 3. All other matching funds are available to construct the facility. In addition, if the County finds that the project is not feasible during the 1982/83 year, then the City Council reserves the option of funding either the sports complex project or the drainage project. When and if the Foundation facility would be ready to proceed in future years, then Staff would recommend that the City consider funding from future entitlements. Mayor Wilson invited Mr. Owen McCook, President of the Foundation for the Retarded of the Desert, to speak. MR. McCOOK asked Council's favorable support. Upon question by Councilman Puluqi, he responded that no other city in the Coachella Valley was participating although the Center served the entire area. Councilman McPherson moved to approve the request and participate with the City's 8th Year Community Development Block Grant Program monies. Councilman Puluqi seconded the motion; carried by unanimous vote of the Council. XIII. XIV. XV. XVI. CONTINUED BUSINESS None OLD BUSINESS None ORAL COMMUNICATIONS - B None REPORTS AND REMARKS A. CITY MANAGER 1. MANAGER'S USE HEARING RELATIVE TO FEDERAL REVENUE SHARING MONIES. Mr. Bouman noted for the record that a required Public Hearing had been held at 5:00 p.m. this date to announce the City's intention to use its Federal Revenue Sharing funds for the purpose of augmenting the City's budget for law enforcement. 2. AGREEMENT WITH METZGER & ASSOCIATES FOR APPRAISAL SERVICES. Mr. Bouman requested action by Minute Motion to authorize Staff to employ the firm of Metzger & Associates at a fee of $2,700 to conduct property appraisals for us for the purpose of acquiring property to siden San Pablo. Councilman Newbrander rnoved to authorize Staff to enter into an agreement with Metzger & Associates in an amount of $2,700 for appraisal services. Councilman Puluqi seconded the motion; carried by unanimous vote of the Council. -10- MINUTES R'.GULAR CITY COUNCIT `4EETING MAY 13, 1982 *•* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 3. CLOSED SESSION Mr. Bouman requested a Closed Session for the purpose of discussing possible litigation and personnel matters. B. CITY ATTORNEY 1. FRONTAGE ROAD LITIGATION Mr. Erwin announced that the Frontage Road litigation had been dismissed. C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Wilson asked that everyone note the Future Meetings listed on the Agenda as confirmed by the City Clerk. XVII. ADJOURNMENT Councilman McPherson moved to adjourn the meeting to Closed Session to immediately follow the Redevelopment Agency Meeting. Councilman Newbrander seconded the motion; carried by unanimous vote. Mayor Wilson adjourned the meeting at 8:40 p.m. Mayor Wilson reconvened the meeting following Closed Session at 10:10 p.m., with no action taken. Upon motion by McPherson, second by Puluqi, and unanimous vote of the Council, Mayor Wilson adjourned the meeting to 7:00 p.m. Thursday, May 20, 1982. ATTEST: HEILA R. GILLIGr1_ti%CITY CLER CITY OF PALM DESERT, CALIFO" . IA -11-