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HomeMy WebLinkAbout1987-08-27MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY. AUGUST 27, 1987 CIVIC CENTER COUNCIL CHAMBER • • • • • • • • • • • • • • • I. CALL TO ORDER Mayor Kelly convened the meeting at 4:00 p.m. I1. PLEDGE OF ALLEGIANCE - Mayor Richard S. Kelly III. INVOCATION - Mayor Pro-Tempore Jean M. Benson IV. ROLL CALL Present: Mayor Pro-Tempore Jean M. Benson Councilman Buford Crites Councilman Walter H. Snyder Councilman S. Roy Wilson Mayor Richard S. Kelly Also Present: Bruce A. Altman, City Manager David Yrigoyen. Administrative Assistant Douglas Phillips, Deputy City Attorney Mary P. Frazier. Deputy City Clerk Gregg Holtz, Senior Engineer Ramon A. Diaz. Director of Community Services Paul Gibson. Accounting Supervisor Ken Ekins, Acting Director of Code Compliance V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of Auc:= .1987. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - wa- - - Nos. WR0625, WR0711. wR0713, WR0721. and WR0724. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Gary Sal Ho Wu, for Pearl of Orient, 72-221 Highway 111. Suite A9-13, Palm Desert. Rec: Receive and refer to Department of Community Development for Processing. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Sunrise Corporation for Monterey Country Club, 41-500 Monterey Avenue, Palm Desert. Rec: Receive and refer to Department of Community Development for Processing. E. CLAIM AGAINST THE CITY (#050) by David T. McCann, M.D.. in the Amount of $300.000. Rec: Deny the Claim and Instruct the City Clerk to so Advise the Claimant. F. CLAIM AGAINST THE CITY (#052) by Ronald N. Mora, on Behalf of Mr. and Mrs. Maynard Freeman, in the Amount of $20,750.70. Rec: Deny the Claim and instruct the City Clerk to so Advise the Claimant. G. CLAIM AGAINST THE CITY (#053) by Rosado Bonilla Melquiadez in the Amount of $150.000. Rec: Deny the Claim because the Accident did not Occur Within the City of Palm Desert. and Instruct the City Clerk to so Advise the Claimant. H. RESOLUTION NO. 87-80 - 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 MICROFILMED (July 1. 1987). Rec: Waive further reading and adopt. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • I REQUEST FOR NOTIFICATION of Change Orders No. A and No. to Contract No. 00-194(1113). Bonadiman-McCain. Inc.. in the Amounts of $3.045.00 and $7.500.00. respectively. Rec: By Minute Motion. receive and file. J. REQUEST FOR APPROVAL OF AGREEMENT NO. 00-241. 13th Year Community Development Block Grant Program (1987-1988). Rec: By Minute Motion. approve the agreement for the 13th Year Community Development Block Grant Program and authorize the Mayor to sign said agreement. K. REQUEST FOR APPROVAL of Agreement #00-197 with the County of Riverside for Law Enforcement Services. Rec: By Minute Motion. approve Agreement #00-197 and Authorize the Mayor to Execute the Agreement. L. REQUEST FOR REFUND of Building Permit Fees and Electrica► Permit Fees for Robert McKay Construction. Inc.. in the Amount of $279.85. Rec: By Minute Motion, authorize staff to refund $279.85 for Building Permit Number RB12001 and Electrical Permit Number RE8047. M. REQUEST FROM THE CITY CLERK'S OFFICE for Approval of Revision to the Minutes of July 9, 1987. Rec: By Minute Motion. Approve -the Reauest 3nc authorize the amendment of the Minutes of the July 9. 1987. City Council meeting as it relates to the street vacation at the corner of Hiahwa. 74 and El Paseo. 3 IINUTES tEGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1987 • • • • • • • • • lie • • • • • • • • • • • • • N. REQUEST FOR APPROVAL of Agreement #00-242 with Southern California Edison Company and Agreement #00-243 with Design Engineering Group for Thermal Storage Feasibility Studies for Sheriff's Substation. Rec: By Minute Motion, approve the requirements with Southern California Edison and Design Engineering Group to accomplish a feasibility study for a thermal storage facility at the Sheriff's substation site, and authorize the Mayor to sign the agreements. 0. CONSIDERATION OF REQUEST from The Sandling Companies for Planning Meeting Relative to Approximately 32 Acres at Highway 111 and Fred Waring Drive. Rec: Refer to staff. P. CONSIDERATION OF RESOLUTION from City of Indian Wells Stating its Position on the Recommended Improvements of Transportation Routes to Better Facilitate Valley Traffic as Presented in the Coachella Valley Area Transportation Study, Prepared by the Southern California Association of Governments, Dated March 1987. Rec: Receive and file. Councilman Wilson asked that Item F be removed and held for separate discussion during Closed Session. Upon motion by Crites, second by Benson, the Consent Calendar, with the exception of Item F, was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS None 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1987 VIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 511 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT AND CHANGE OF ZONE CREATING THE EL PASEO PEDESTRIAN COMMERCIAL OVERLAY ZONE (CASE NOS. ZOA 87-2 AND C/Z 87-5). Mr. Altman stated that this ordinance had been introduced at the last meeting and that no further input had been received relative to it. Councilman Crites moved to waive further reading and adopt Ordinance No. 511. Motion was seconded by Benson and carried by unanimous vote of the Council. IX. CONSENT ITEMS HELD OVER None X. NEW BUSINESS A. REPORT Relative to El Paseo Median Christmas Lighting. Mr. John Wohlmuth. Administrative Assistant. reviewed the staff report and recommendation dated August 27. 1987. noting that staff was working out the problems with t^e electrical system on the El Paseo Medians. He said tre total cost to complete the electrical work would be (S6.400 to in,,taH electrical boxes for the 31 trees selected ro'- Christmas tree lights; $I.400 fc- installation of wiring for the three new City Christmas trees; an,7 $;.400 For modification of the electricai Pane at the intersection of portola Avenue and El Paseo). Councilman Wilson moved to approve the expenditure of $9.20- and authorize the Mayor to enter into an agreement with Sundown Electri- for improvements to the Ei Paseo median electrical facilities. Mot.io- was seconded by Benson and carried by unanimous vote. 5 MINUTES ' REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1987 . . . . . . . • . • . . • . • * • • . . * • • • • Councilman Crites moved to determine that this constitutes a un i aue situation and. therefore. is exempt from normal bidding Procedures. Motion was seconded by Wilson and carried by unanimous vote oc the Council. B. CONSIDERATION OF REQUEST from City Attorney's Office for Authority to Act on City's Behalf in Amicus Curiae Briefs. Mr. Phillips reviewed his memo dated July 21. 1987. noting that the City is sometimes requested to join as a friend of the court in support of one side or the other of a position and that his office was asking for advance approval to review these requests and determine whether or not the City should participate. He said if there was any question about whether the City would desire to join in such a process. his office would bring it to the Council for discussion prior to any involvement of the City. Upon question by Councilman Wilson, Mr. Phillips responded that the Council could limit authorization to himself and Mr. Erwin if it wished to do so. Councilman Wilson stated he would prefer that only these individuals be authorized because they would know which issues were sensitive to the City. Councilman Wilson moved to, by Minute Motion, approve the request with the stipulation that only City Attorney David J. Erwin and Deputy City Attorney Doug Phillips be authorized to enter into this process. Motion was seconded by Benson and carried by unanimous vote of the Council. C. CONSIDERATION OF REQUEST from County Supervisors Walt Abraham and Norton Younglove for Support of Proposed Barbershop Harmony Commemorative Stamp. Mr. Altman stated the request was self-explanatory and was on the Agenda for Council direction. Councilman Crites moved to, by Minute Motion, direct staff to prepare a proclamation in support of the Barbershop Harmony Commemorative Stamp and to send letters of support to Supervisor Younglove and Councilman "Lefty" Jenkins in the City of Perris. Motion was seconded by Benson and carried by unanimous vote of the Council. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • D. CONSIDERATION OF PROPOSAL from Magijk Picture. Graphic Company for City's Purchase of Color Aerial Photograph of Palm Desert and Surrounding Communities. Mr. Altman reported that a photo was on display in the Administrative Services Conference Room. He said staff's recommendation was that the Council approve the proposal and authorize the expenditure of $2.014.00. Council Comments/Questions: Crites: Felt it was a lovely photo but did not think the City should spend so much money for a photo which would soon be out of date. Benson: Agreed with Crites that it was a nice photo but would be obsolete soon. Snyder: Stated he had already used it many times since it was hung 'up to show people the location of certain streets. etc. Felt it was a valuable tool for City staff to use. much better than showing people a regular street map. because it showed actual golf courses. streets. flood control. drainage. etc. Did not feel it would be out of date for at least five years. and $2.014.00 divided by five years made it a relatively inexpensive tool to be used. Wilson: Stated Riverside County Transportation Commission had agreed to go in with CVAG on an aerial photo of the entire valley and asked if it would be possible to obtain a print of the Palm Desert portion of that photo. Felt the amount being asked was too high for just a print. Kelly: Felt it was a great photo. Stated whenever he hac a meeting_ in the Administrative Conference Room. he turne- on the lights which were above the photo. However. fel- $2.014.00 was a lot of money. Mayor Kelly suggested waiting until after the dinner recess t make a decision as to whether or not to purchase this painting so as allow Councilmembers an opportunity to look at the photo more closely. Council concurred. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1987 • a • • • • • • • • • • • • • • • • • • • • • • • E. CONSIDERATION OF A REQUEST from the Palm Desert Bicentennial Committee for Appropriation of $3,500 for City's Participation in the Commemoration of the Bicentennial of the U. S. Constitution. Committee Chairwoman Julie Bornstein updated the Council on the activities which had been planned for this celebration. noting that the Palm Desert Bicentennial Committee had filed the appropriate forms and had become an officially designated bicentennial committee. She said they were looking to the communities to provide the bulk of their support but that initial monies were coming from city and county governments throughout the United States. She said a gala event was planned for September 19, 1987, at Indio High School, which would be free to the public and would include local bands, dancers, etc., and that a professional was in charge of the production. She added that $3,500 was the average amount that had been given by cities in the Coachella Valley, and although that amount was requested, $4,000 would help even more. She offered to answer any questions. Councilmember Benson stated she felt that Ms. Bornstein had done a very good job with this. Councilman Wilson added that it sounded like excellent activities were planned. Councilman Wilson moved to approve the City's contribution of $4,000 to support the celebration of the Bicentennial of the Constitution. Motion was seconded by Crites and carried by unanimous vote of the Council. Mayor Kelly commended Ms. Bornstein for the outstanding job she was doing. XI. CONTINUED BUSINESS A. REQUEST FOR WAIVER OF DRAINAGE FEES AND OFF -SITE IMPROVEMENT REQUIREMENTS FOR TENTATIVE PARCEL MAP NO. 22862 LOCATED ON THE EAST SIDE OF STATE HIGHWAY 74 BETWEEN PORTOLA AVENUE AND THE SOUTHERLY CITY LIMITS. (Continued from the Meetings of July 23 and August 9, 1987 - Ron Birtcher, Applicant). Mr. Holtz reported that another request had been received for continuance of this matter until after a meeting with the Coachella Valley Water District. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Upon question by Mr. Phillips. Mr. Sandy Baum responded that he was representing the applicant when he wrote the letter requesting the continuance and that he expected to have a meeting very shortly with the Coachella Valley Water District. He asked that the matter be continued to the meeting of September 10. 1987. Councilman Wilson moved to continue this item to the meeting of September 10. 1987. Motion was seconded by Benson and carried by unanimous vote of the Council. XII. 0L0 BUSINESS A. REQUEST FOR CLARIFICATION OF CONDITIONS OF APPROVAL ON PARCEL MAP 21412/PP 85-46 - D b D DEVELOPMENT. INC. Mr. Holtz stated there was a memo in the packets and requested that. if there were additional questions. this matter be continued until Mr. Folkers' return from vacation. Councilman Snyder stated the Council had received a letter that very day. and he felt additional time was needed to review it. MS. CAMILLE COURTNEY. D & D Development. 711 East Imperial Highway. Brea. California. reviewed the two conditions she had written about in her letter. She said one was relative to the required $50.000 contribution to widen the Parkview Channel Bridge. This issue was discussed during the Council meeting of April 10. 1986. and she was under the impression that the condition had been removed. She said she did not receive the final resolution until she requested it four months later and found the condition nad not been removed. She felt this was an administrative oversight and asked that the Council correct the error at this time because it had never officially been removed by amending the resolution. She said the other issue involved the right-of-wav on Fred Waring Drive and than she would discuss it at this time if the Council wished to do so. Mr. Diaz stated that the Council needed to determine whether or not the intent at that time was to waive the $50.000 requirement. He said no motion was made to amehh the resolution at the April 10. 1986. meeting. He aodec 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1987 •• . • • • • • • • • • that as far as staff was concerned. the condition still stands. Councilman Crites asked that a transcript be prepared of the portion of the Apri i0, 1986. meeting relative to discussion of this issue. Councilman Wilson stated he remembered the discussion and asked if the requirement was necessary. Mr. Diaz responded that he did not feel it was necessary. Wilson added that the issue was just dropped at that time. Mayor Ke 1 l y stated that the Councf 1 needed to read the transcript. He suggested continuing the entire matter to the September 10. 1987. meeting so that Director of Public Works Dick Folkers could be present. Councilman Crites asked that the developer also submit any additional information at that time that should be considered by the Council. MR. TIM PAONE, 1470 Jamboree Road. spoke as the writer of the letter noted by Councilman Snyder. He said the letter was not asking that the condition relative to the right- of-way on Fred Waring Drive be changed, just that it be clarified as to the correct location of the centerline. Councilman Crites moved to continue this matter to the meeting of September 10, 1987. Motion was seconded by Wilson and carried by unanimous vote of the Council. Mr. Paone stated that September 10, 1987, was not a convenient date and asked that it be continued to September 24th instead. Councilman Crites amended his motion to continue the matter to the meeting of September 24, 1987. Wilson amended his second. Motion carried by unanimous vote of the Council. B. REQUEST FOR APPROVAL to Reject Bids Received and to Readvertise and Call for Bids for Construction of the Community Park Restroom Facility (Contract No. 00-214). Mr. Holtz reviewed the staff report, noting that the amount of the low bid by Greco Construction, $94,440, was within the budgeted amount for the restroom facility. However, he said Public Works staff felt both bids received were extremely high and. therefore, recommended that the Council consider the three alternatives indicated l0 MINUTES REGULAR PALM OESER1-CITY COUNCIL MEETING AUGUST 27. 1987 • • • • • • • • • • • • • • • • • • • • • • • • • in the staff report, select one, and direct staff to proceed with the project. Council Comments/Questions: Wilson: Favored alternate #1 to reject all bids received on August 13. 1987. and authorize the City Clerk to readvertise and call for bids. Felt the low number of bidders plus the fact that the bids were over the architect's estimate. made it desirable for staff to get out and try to get more bidders and a better price. Crites: Asked why it would cost $100.000 if the architect's estimate was only $41,000. Said it sounded like the architect's estimate was not correct: otherwise. the $100,000 would not have been appropriated. Mr. John Wohlmuth. Administrative Assistant, stated that the funds were appropriated prior to obtaining the architect's estimate and that staff used the Rancho Mirage restroom facility as a basis for the appropriation. He said there was one local contractor who was on vacatior during the month of August who did not have an opportune-., to bid on this project. and another contractor had not gotten the material in on time. Benson: Since Graco had out in other restroom facile- P= in other cities and had done a good job. felt the should go with him and negotiate the price. Did nor war - to risk having someone come in at a lesser price and requesting a change order down the line which would the price right back up. Felt the restrooms shoo - 7- done right this time so the Council does not have '7- through this again in ten years. Snyder: Aareed with Benson that the restrooms shc. :- done properly this time. Said the general criterr. that if the bids did not come in within 107. --- estimate. sometnina is wrong. Did not feel the cc -- should be awarded until after discussion architect relative relative to justification of the estimate. Kelly: The money has been budgeted. Has been a'mo years since we started on this restroom facility. the lowest bid should be accepted so the facility built. Mr. Wohlmutn stated he had spoken with the archite:-. admitted he had forgotten the fact that the cont-: - will have to meet the prevailing wage. and this MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • bring uo the costs considerably. Upon question by Councilman Crites. Mr. Wohlmuth stated that this added from $60-70.000 to the estimate. Snyder: Concerned with getting this facility done as soon as possible. but found it difficult to approve award of the contract when the bid was so much higher than the architect's estimate. At the time the funds were appropriated. it was important to make sure there was enough to go with whatever facility was decided upon. Cquncilmember Benson moved to. by Minute Motion, approve Alternate #3, awarding the contract to the low bidder, Graco Construction, and negotiate for a reduction of $5.000 in the bid amount. Mayor Kelly stated he would rather just award the contract for the amount bid. Councilmember Benson amended her motion to approve Alternate #3, awarding the contract to the low bidder, Greco Construction Corporation, in the amount of $94,440 and authorize a ten percent contingency. Motion was seconded by Kelly and carried by a 3-2 vote, with Councilmen Wilson and Snyder voting NO. XIII. REPORTS AND REMARKS A. CITY MANAGER 1. Recycling Law Mr. Altman stated that a report would be presented at the next Council meeting relative to the new recycling law. 2. Mr. Altman reminded Council of the Closed Session scheduled pursuant to Government Code Sections 54956.8 Real Property Transactions, 54956.9(a) Pending Litigation, and 54956.9(b) Potential Litigation. 8. CITY ATTORNEY Mr. Phillips stated that in addition to the three sections mentioned by Mr. Altman, the Council also needed to discuss Consent Item F in Closed Session. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Council -Manager Relations Seminar Mayor Kelly stated that he had received a brochure regarding Council -Manager Relations seminars to be held in September. He said the Council had been working hard to formulate some kind of formal performance review method for the City Manager and that one of the subejcts was "How Oo You Know When You're Successful? Quantitative and Qualitative Productivity Measures". He said although he would not be able to attend, Councilman Crites was willing to do so and that funds were budgeted for this type of seminar. He asked if there were any Council concerns, and none were expressed. No Council action was necessary or taken on this item. 2. CVTV Proposed Realignment of KCET Public Television from Channel 8 to Channel 28. Councilman Wilson stated this situation had just come to his attention. and he felt it was urgent and should be dealt with immediately because it was due to go into effect on September 1. 1'987. Councilman Wilson moved to: 1) Determine that this matter came up after the Agenda was posted: and 2) Determine that the matter was of some uraencv and should be discussed by the Council at this time. Motion was seconded by Crites and carried by unanimous vote of the Council. Councilman Wilson stated he was concerned witn the proposal which Coachella Valley Television (CVTV) hac made to make public television inaccessible to 3 number of people in the community by moving it from Channel 8 to Channel 28 which is only accessible to cable subscribers. He felt public television was very important in the United States and around the world and asked if a protest could be filed and ar injunction obtained to prevent this action an.' protect public television and our citizens. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Mr. Altman stated he had received a letter that day from KCET, the County of Los Angeles, and other cities regarding this same action occurring in other areas. He said all of them were urging action be taken to leave oub l i c television where it is. He suggested a motion be made supporting the request by KCET and directing staff to take appropriate action to interface with CVTV to make sure this does not happen. Councilman Wilson moved to direct staff to take whatever action is necessary to obtain an injunction to prevent the removal of public access television and support the efforts of KCET and any other group in this regard. Motion was seconded by Crites and carried by unanimous vote of the Council. 3. Rat Control Councilman Wilson stated a letter had been received relative to rats migrating from Orange County to Indian Wells. He asked staff to investigate this situation and report back to the Council. Councilmember Benson agreed and stated she had previously asked Mr. Frank Alien, Director of Code Compliance, to do so in Councilman Wilson's neighborhood. o City Council Committee Reports: None XIV. ORAL COMMUNICATIONS - B None Councilman Crites moved to adjourn the meeting at 5:13 P.M. to Closed Session pursuant to Government Code Sections outlined by the City Attorney under Reports and Remarks. Motion was seconded by Kelly and carried by unanimous vote of the Council. Mayor Kelly reconvened the meeting at 7:00 p.m. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27. 1987 . • . • • • • • • • • • • • • • • • • • • • • • • XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION NEW BUSINESS D. CONSIDERATION OF PROPOSAL from Magijk Picture Graphic Company for City's Purchase of Color Aerial Photograph of Palm Desert and Surrounding Communities. Rec: By Minute Motion. approve the proposal and authorize the expenditure of $2.014.00. Councilman Wilson stated he had looked at the photograph and, although he thought it was very nice. he did not feel $2.000 should be spent for it. Mayor Kelly asked if someone who was an expert could give the Council an Idea as to whether or not this was a good price for the photo. 1 Councilman Snyder stated that the CVAG photo would cost $5.000 for a picture of the whole Valley. Councilman Snyder moved to. by Minute Motion, approve the proposal and authorize the expenditure of $2.O14.00. Motion died for lack of a second. Counctlmember Benson moved that the Council not purchase the photo and thank Magijk Picture Graphic Company for their interest and for providing the Council the opportunity to purchase it. Motion died for lack of a second. Councilman Crites stated that this did not reflect on trF quality of the photograph. No action was taken bv the Council relative to this matter. XVI. ORAL COMMUNICATIONS - C MR. RALPH WOOD. 72-902 Rov Emerson Lane. stated he had bee' advised that the Council would be discussing an ordinancF regarding patching of streets and temporary paving. He said rf was representing the Board of Realtors and read a motio- unanimously adopted bv the Board at its meeting that day support of such an ordinance (attached hereto and made a Oar - hereof as Exhibit "A"). 15 MINUTES REGULAR PALM DESERT CiTY COUNCIL MEETING AUGUST 27, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • XVII. AWARDS, PRESENTATIONS. AND APPOINTMENTS Councilman Crites noted that the Council had spent two hours that afternoon reviewing applications for the various committees and commissions and considering applicants to fill the vacancies. He said Council had selected and would be interviewing individuals for vacancies not filled at this time. A. CONSIDERATION OF APPOINTMENT to Building Board of Appeals & Condemnations to Fill Vacancy Created by Expiration of Term of John Marzicola. Councilman Wilson moved to, by Minute Motion, reappoint John Marzicola to a five-year term on the Building Board of Appeals & Condemnations. Motion was seconded by Benson and carried by unanimous vote of the Council. B. CONSIDERATION OF APPOINTMENT to Planning Commission to Fill Vacancy Created by Expiration of Term of Richard A. Erwood. Councilman Crites moved to, by Minute Motion, reappoint Rick Erwood to a four-year term on the Planning Commission. Motion was seconded by Wilson and carried by unanimous vote of the Council. C. CONSIDERATION OF APPOINTMENTS to Parks & Recreation Commission to Fi11 Vacancies Created by Expiration of Terms of James Montoya and Susan Mack. Counciimember Benson moved to, by Minute Motion: 1) Reappoint Susan Mack to a four-year term on the Parks & Recreation Commission; and 2) Continue to October 8, 1987, appointment of a new member to fill the vacancy created by expiration of term of James Montoya. Motion was seconded by Snyder and carried by unanimous vote of the Council. D. CONSIDERATION OF APPOINTMENTS to Architectural Review Commission to Fill Vacancies Created by Expiration of Term of Al Cook and Resignation of Charles Martin. Councilman Snyder moved to, by Minute Motion: 1) Appoint Steve Sullivan to a four-year term to fill the vacancy created by expiration of term of Al Cook; 2) Remove Rick Holden from the Alternate Position and appoint him to serve as an regular member to fill the vacancy created by resignation of Charles Martin; and 3) Appoint Al Cook to the Alternate Position. Motion was seconded by Benson and carried by unanimous vote of the Council. 16 MINUTES. REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27. 1947 • • • • • ftv ! • • • • • ' • • • • • • • • • • • is -• • }: qt E. CONSIDERATION OF APPOINTMENTS to Advertising & Promotion Committee to Fi1) Vacancies Created by Expiration of Terms of Marci Blatt. 8111 Johnson, Jim Lopez, Francene Newman, and Bill Waring, as well as One Alternate Position and Vacancies Created by Resignations of the Following Members: Patty Clark (9/88); Michael Grossman (9/89): Marilyn Delaney (9/89); and Kendale Trahan (9/88). Councilman Wilson moved to, by Minute Motion: 1) Reappoint Bill Johnson, Jim Lopez. Francene Newman, and Bill Waring to four-year terms: 2') Direct staff to prepare a resolution eliminating the alternate Position; and 3) Continue to September 24, 1987, appointments of new members to fill vacancies of Marcf-Blatt, Patty Clark. Michael' Grossman, Marilyn Delaney, and Kendale Trahan. Motion was seconded by Crites and carried by unanimous vote of the Council. F. CONSIDERATION OF APPOINTMENTS to Civic Arts Committee to Fill Vacancies Created by Expiration of Terms of Novak Najarian, John Norman, and Paula Kroonen as will as Vacancies Created by Resignations -of the Following Members: Jane Leung (9/87); Michael Grossman (9/88); and Barry White (9/90). Councilmember Benson moved to. by Minute Motion: 1) Reappoint Novak Najarian, John Norman. and Paula Kroonen to four-year terms; and 2) Continue to October 8. 1987, appointments of new members to fill vacancies of Jane Leung. Michael Grossman, and Barry White. Motion was seconded by Crites and carried by unanimous vote of the Council. XVIII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF THE ISSUANCE OF A BINGO PERMIT (PALM DESERT ROTARY CLUB. APPLICANT). Mr. Eking reviewed the staff report and offered to answer any questions. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. None was offered. He declared the public hearing closed. Councilman Snyder moved to. by Minute Motion. approve the request and authorize staff to issue a Bingo Permit for the Palm Desert Rotary Club. Motion was seconded by Benson and carried by a 3-0-2 vote, with Councilman Wilson and Mayor Kelly ABSTAINING because of their membership in the Palm Desert Rotary Club. ' 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 1987 • a a • • • • • • • • • • • • • • • • • • • • • • B. CONSIDERATION OF AMENDMENT TO PALM DESERT MUNICIPAL CODE RELATIVE TO HEIGHT OF HEDGES. Mr. Ekins reviewed the staff report dated August 6. 1987. noting that staff's recommendation was to remove the word "hedge" from the ordinance. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of this amendment. MR. MICHAEL MAY. 72-808 San Juan. Palm Desert, stated he had written a letter and submitted a petition to the City. He said he was opposed to any height restriction for hedges. Mayor Kelly invited testimony in OPPOSITION to this amendment. MR. EUGENE HOPKINS, 72-820 San Juan, stated that the oleander hedges were a blight on the neighborhood, reduced property values, were hard to maintain, and were a fire hazard. He said he felt the City was not enforcing its codes and that the ordinance regulating height of hedges was needed. MR. ROD MURPHY, 72-764 Arboleda, stated he was in favor of removing the word "hedge" because he did not want to see his oleanders trimmed. MS. JOY KIRKPATRICK, 72-790 Arboleda, said she had also written a letter. She said she was happy that her neighbors on both sides had oleander hedges and felt it would be an injustice to require that they -be kept trimmed to six or eight feet. Felt if this regulation was adopted, it should be done throughout the City, not just on a case by case basis. MR. GREG FRECH. 73-697 Haystack. stated he would like to keep his oleanders at their present height. which was higher than six feet. because he would lose some privacy if they were cut back. MR. FOREST McQUISTAN, 338 Sierra Madre, Monterey Country Club, stated that his homeowners association had written a letter to the City. He said they were careful to keep their oleanders trimmed to a pleasant height and that the hedges provided some noise reduction as well as wind and sand protection. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST t7v11907 • • s • • • • • • • • • • h • • • • t s 4 s►_ aw A NJ' • • Mayor Kelly declared the public hearing closed. Councilman Crites stated it seemed as If the majority of people supported oleanders for both aesthetic and practical reasons. He felt it would be impossible for the City's code inspectors to enforce the height of hedges. Councilman Crites moved to. by Minute Motion. deny the ordinance as recommended by the Planning Commission and direct staff to draft an ordinance deleting the word "hedge" from Section 25.56.290(D). whereby the City will not regulate the height of hedges. Motion was seconded by Wilson and carried by unanimous vote of the Council. XIX, ORAL COMMUNICATIONS - D MR. FOREST McQUISTAN. 338 Sierra Madre. thanked the'Counctl for the expediency with which the traffic signal was Installed at Monterey Avenue and Clancy Lane/Avenida Del Sol. HI said it was already operational and felt that Public Works Director Richard Folkers had done an excellent job for the Monterey Country Club residents. Mr. Phillips announced that Consent Item F was considered during Closed Session and that the staff recommendation was approved by unanimous vote of the Council. XX. ADJOURNMENT Upon motion by Snyder. .second by Crites. and unanimous vote of the Council. Mayor Kelly adjourned the meeting at 7:38 p.m. ATTEST: MARY P. FRA2'(ER. DEPUTY CI7Y CLERK CITY OF PALM -DESERT. CALIFORNIA 19 RICdc .1/j.1164 eS. KELLY. MAYOR MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING • • • • • • • • • • • • • • EXHIBIT "A" AUGUST 77, 1987 AUGUST 27, 1987 • • • • • • • • • • • AT THE REGULER MiEETI::G OF THE PALM DESERT, RANCHO I•IIRAGE INDIAN WELLS BOARD OF R EALTORS THE FCLLO',JING MOTION WAS UNANIMOUSLY ADOPTED: "THAT THE CITY COUNCIL ADOPT AN ORDI':A:;CE .`SETTING FORTH SPECIFICATIONS FOR PATCHING STREETS F, TE;:PORARY PAVINIG, :MD THAT THE DEPARTMENT OF PUBLIC :':(.PES SET UP A INSPECTIOII PROGRAM TO SEE THAT THE (ORDINANCE IS CARRIED OUT." Submitted by political Action Cnalrznan 20 r'