HomeMy WebLinkAbout1990-02-08MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, FEBRUARY 8, 1990
CIVIC CENTER COUNCIL CHAMBER
i. CALL TO ORDER
Mayor Crites convened the meeting at 4:00 P.M.
II. PLEDGE OF ALLEGIANCE - Councilmember Jean M. Benson
III. INVOCATION - Councilman Richard S. Kelly
IV. ROLL CALL
Present:
Councilmember Jean M. Benson
Councilman Richard S. Kelly
Mayor Pro-Tempore Walter H. Snyder
Councilman S. Roy Wilson
Mayor Buford A. Crites
Also Present:
Bruce A. Altman, City Manager
David J. Erwin, City Attorney
Sheila R. Gilligan, City Clerk/P.I.O.
Carlos L. Ortega, ACM/Director of Redevelopment Agency
Ramon A. Diaz, ACM/Director of Community Development/Planning
Richard Folkers, ACM/Director of Public Works
Paul Shillcock, ACM/Director of Economic Development
Paul Gibson, City Treasurer/Finance Director
Pat Conlon, Director of Building & Safety
Frank Allen, Director of Code Compliance
V. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of January 11,
1990.
Rec: Approve as presented.
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B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. WR0107 and WR0110.
Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Perry B.
Ashby for St. Charles Place Deli, 75-110 St. Charles
Place, Suite 9, Palm Desert.
Rec: Refer to the Department of Community Development
for processing of Conditional Use Permit.
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by GAMK, Inc.,
for Scalini Restaurant, 74-155 Highway 111, #200, Palm
Desert.
Rec: Refer to the Department of Community Development
for processing of Conditional Use Permit.
F. RESOLUTION NO. 90-15 - 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 (January, 1990).
Rec: Waive further reading and adopt.
G. REOUEST FOR APPROVAL of Cooperative Agreement with the
Department of Transportation for Portola Avenue and
Highway 111 Signal Modification (Contract No. 00-412.).
Rec:
By Minute Motion, authorize the Mayor to enter
into a cooperative agreement with the Department
of Transportation for the subject project
(Contract No. 00-412).
H. CONSIDERATION OF REQUEST by Butler 8 Associates for Plan
Check Extension.
Rec:
By Minute Motion, approve the request for plan
check extension of one year by J.E. Butler and
Associates for the Pepperwood Apartments located
at 74-410 Hovlev Lane. PP87-37.
I. MINUTES of Palm Desert Civic Arts Committee Meetings of
November 20 and December 11. 1989.
Rec: Receive and file.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 8, 1990
J. REPORT Relative to Transient Occupancy Tax Audit.
Rec: Receive and file.
K. CONSIDERATION OF REQUEST for Reimbursement of Drainage Fee
by Charter Communities/Hacienda de Monterey (Precise Plan
85-5).
Rec:
By Minute Motion, authorize the reimbursement of
drainage fees in the amount of $32, 1 52 in
consideration of Master Plan Drainage Facility
construction.
L. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids
for Highway 74 Beautification Project (Contract No. 00-
413).
Rec:
By Minute Motion, authorize the City Clerk to
advertise and call for bids for the landscape
maintenance of the subject project.
M. REQUEST FOR APPROVAL of Licensing Agreement with
California Healthy Cities Project (Contract No. 00-414).
Rec: By Minute Motion, approve the agreement and
authorize the Mayor to execute same.
N. REQUEST FOR APPROVAL of Resolution in Support of the
Formation of a Riverside County Solid Waste Management
Advisory Council.
Rec:
Waive further reading and adopt Resolution No.
90-16, supporting the formation of a Riverside
County Solid Waste Management Advisory Council.
Upon motion by Wilson, second by Benson, the Consent Calendar
was approved as presented by unanimous vote of the Council.
VI. ORAL COMMUNICATIONS - A
None
VI1. RESOLUTIONS
None
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VIII. ORDINANCES
For Introduction:
None
For Adoption:
None
IX. CONSENT ITEMS HELD OVER
None
X. NEW BUSINESS
A. CONSIDERATION OF APPEAL BY SUNRISE COMPANY OF TRANSIENT
OCCUPANCY TAX AUDIT.
Mr. Altman stated that staff was looking into this matter
further and recommended a continuance until February 22nd.
Councilman Wilson moved to continue this matter to the meeting
of February 22. 1990. Motion was seconded by Kelly and carried by
unanimous vote of the Council.
B. CONSIDERATION OF REQUEST BY CHARLEY CHAN FOR WAIVER OF
CERTIFICATE REQUIREMENTS FOR MASSAGIST PERMIT.
Mr. Allen reviewed staff's report and recommendation.
Councilman Wilson moved to, by Minute Motion, waive the
certificate requirements for the subject massagist permit. Motion was
seconded by Kelly and carried by unanimous vote of the Council.
C. INFORMATIONAL ITEMS:
1. Palmer CableVision Update.
a. Letter from County of Riverside Assessors
Office.
Mr. Ortega reported that a bill had been introduced
in the legislature which would allow telephone
companies to get into the cable business. He said
there was also an effort to have the FCC redefine
"Effective Competition". He added that a hearing
would be held on Monday morning by the FCC in Los
Angeles and that someone from the City would be
attending to bring back information relative to where
written comments can be submitted.
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FEBRUARY 8, 1990
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Upon auestion by Councilmember Benson, Mayor Crites
responded that a letter had been received From Palmer
CableVision asking that the City of Palm Desert qo on
record opposing the County Assessor's possessory
interest tax. A letter was subsequently sent to the
County requesting the rationale for the imposition of
such a fee, and included in the packets was the
foilowup letter from the County Assessor.
Mr. Ortega added that staff was attempting to obtain
additional information on this matter.
2. Update on Tri-Cities Sports Facility.
Mr. Diaz reported that letters would be sent out on
February 21st to reconvene the Tri-Cities Committee.
He noted the following representatives:
Palm Desert - Councilmember Jean Benson, Mr. Ken
Stendell, and Mrs. Doloris Driskell.
Indian Wells - Councilman Phil Manuel, Mr. Warren
Smith, and Mr. Marc Homme.
Rancho Mirage- Staff members Robert Greer and Steve
Birbeck.
He added that Rancho Mirage had not yet reassigned a
Councilmember but would be doing so soon.
3. Sister City Committee Report and Recommendations.
Management Intern Stephen McGrath reviewed the report
and recommendations from the Sister City Committee,
including recommendation #1 that the Mayor of Palm
Desert attend the Sister City meeting in Wellington.
New Zealand, and visit Gisborne In April, 1990.
Councilman Kelly said he felt strongly that Palm
Desert should put a lot of emphasis on having a
sister city in Canada for several reasons: 1► It
would be a lot closer and would allow mutual programs
between the two cities; 21 A lot of Palm Desert
residents go to Canada in the summer while a lot of
Canadians visit Palm Desert in the winter.
Councilman Snyder stated that Gisborne had been the
sister city of Palm Desert for many years, had sent
delegations here at least twice, and had asked us
several times to visit them. He felt it would be
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appropriate to send either the Mayor or his delegate
to the Sister City meeting because of the close
proximity to Gisborne.
Councilman Snyder moved to, by Minute Motion, direct staff to
implement the recommendations outlined in the staff report and to
appropriate the funds necessary to carry out recommendation ##1. Motion
was seconded by Benson and carried by unanimous vote of the Council.
Upon question by Councilmember Benson, Mr. McGrath
responded that the next Sister City Committee meeting
was scheduled for February 15th.
On behalf of the entire City Council and City Staff,
Mayor Crites expressed sincere and heartfelt thanks
to Mr. McGrath for coming to Palm Desert from
Gisborne to work as an Intern for the past several
months and said he hoped the experience had been a
good one.
XI. CONTINUED BUSINESS
A. CONSIDERATION OF AN APPEAL OF A ZONING ORDINANCE
VIOLATION, EARL HORENSTEIN, PRESIDENT OF THE CLOTHES
HORSE, INC.. APPELLANT (Continued from Meetings of
December 14, 1989, and January 11, 1990).
Mr. Allen reviewed the staff report and continued to
recommend that the surrey and rickshaw bicycle be removed.
Councilman Wilson questioned the January 22nd letter from
8i11 Powers which basically reaffirmed what was stated in
his January 4th letter. It said the El Paseo Business
Association felt outside advertising displays should be
discouraged on El Paseo but also recommended that the
Architectural Review Commission review this case regarding
the rickshaw bicycle. He asked if staff had discussed
this with Mr. Powers.
Councilman Kelly stated he did not feel it was fair to ask
the Architectural Review Commission to take over the
City's Code Enforcement decisions.
MR. EARL HORENSTEIN. President of The Clothes Horse.
addressed the Council and said that as a point of
c l ar i f i cat i on. he had not discussed this issue with the
Board Members of the El Paseo Business Improvement Area
but rather had spoken with Dennis Becker who had been
President of the Board. He said Mr. — cker specifically
r e l at ec=that the Board had no ob '^,t i on . He said since
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that time he had contacted Mr. Powers who asked that the
matter be continued until after the next Board meeting on
March 1st to allow the Board to come up with a
recommendation one way or the other.
Counciimember Benson stated that there were displays
throughout the City and it was not just an El Paseo issue.
Councilman Wilson stated he would support a continuance to
allow the Board to make a specific recommendation.
Councilman Kelly said he would have no problem continuing
this matter but felt Mr. Allen should attend the Board
meeting to get a direct report.
Councilman Kelly moved to, by Minute Motion, continue this
matter to the meeting of March 8, 1990, and direct Mr. Allen to attend
the March 1st meeting of the El Paseo Improvement Area Board so that a
direct report could be given to Council from staff. Motion was seconded
by Wilson and carried by unanimous vote of the Council.
B. REQUEST FOR APPROVAL OF SOLID WASTE DISPOSAL AND RECYCLING
FRANCHISE (Continued from Meeting of December 14, 1989).
Mr. Altman reviewed the staff report and recommendation,
noting that at the request of the Council at its December
14th meeting, Western Waste, Inc., was contacted and asked
to submit a formal proposal for solid waste disposal and
recycling. Said proposal was submitted to the City on
January 26th, with a presentation to the Executive
Management Team on February 1st. He said staff's
recommendation was to award the contract to Waste
Management of the Desert, Inc.
Councilman Wilson said he felt Waste Management was a
company the City was happy with, and the recent Gallup
Poll showed the community was happy with the services
offered. He stated that what he was hearing from staff
was that Western Waste's proposal included 2% more on the
franchise fee but that the negatives were: 1) The
requested tax roll billing; 2) The fact that there would
be a cost for semi -automated bins; and 3) The proposed
100% cost of living increases as opposed to 50T. proposed
by Waste Management.
MR. JAMES BROCKMAN, Western Waste, 53-800 Hope Street,
Coachella, commended the City on its very professional
staff. He introduced two representatives from his company
to speak to the Council.
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MR. ALAN MILNER, Recycling Coordinator, said he was the
President of 3R Recycling and had been hired by Western
Waste to assist them with their recycling programs. He
briefly reviewed several points in the proposal and
offered to answer any questions.
MR. AL SIMONIAN, Regional Vice President, reviewed the
past history of refuse companies in the Valley. He said
the program offered by Western Waste used only one bin and
would not require homeowners to separate anything that was
put out on the curb to be recycled.
Mr. Brockman added that Western Waste had much more to
offer than just the 2%. He said their presence was needed
in the Valley and that they would do a good job for the
City.
Councilman Kelly asked what Western Waste's rates were for
the Coachella Valley, and Mr. Brockman responded that the
charge was $7.00 plus $2.09 for dump fees.
MR. JOHN LAVENDER, Waste Management, addressed the
statement made by Mr. Brockman relative to the presence of
Western Waste in the Valley being necessary in order to
maintain low rates. He said Palm Desert had had the
lowest rates in the Valley because of the City staff's
competence in negotiating the contract. and he said he
could see no reason why that would not continue.
Councilman Wilson asked staff what kind of flexibility
there would be with the proposal from Waste Management as
far as the three stacking bins versus the semi -automated
bins and asked if the City would be locked into
"yesterday's technology" for the next five years.
Mr. Wohlmuth responded that the semi -automated bins would
be an option in the future if they so chose, but they
would be at no charge to the residents.
Councilman Kelly stated that Palm Desert. with the three
stacking bins, has 80% participation, which was better
than any other city he had spoken with. He said that
nothing in the contract would keep the City from changing
its recycling system.
Councilman Snyder stated that the Council had now looked
at programs from two excellent companies, and it was very
difficult to select one over the other. He said the fact
that Palm Desert had moved ahead with a recycling program
a year ago was something the citizgns should be proud of,
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and he commended everyone who participated, including both
companies, staff, and the citizens of Palm Desert for
making this program work.
Councilmember Benson stated that although she felt they
had done a good job, she was going to vote against
awarding the contract to Waste Management. She said she
was very concerned because this had been going on since
last November. She said Council had not had a chance to
see some other proposals and what other cities had done
and been able to analyze them all.
Councilman Wilson stated he had read through the package
very carefully and felt Waste Management's proposal was a
very good one. He said based on the proposals, he agreed
with staff and was not convinced that the City should
change and go with another company.
Councilman Kelly moved to accept staff's recommendation and. by
Minute Motion: 1) Enter into a five-year franchise agreement with a five-
year option with Waste Management of the Desert, Inc., for the provision
of solid waste collection service and community -wide recycling service to
Palm Desert residents and Palm Desert businesses (Contract No. 00-417);
and 2) Waive further reading and adopt Resolution No. 90-20 setting the
operational requirement for solid waste collection service within the
City of Palm Desert. Motion was seconded by Snyder.
Mayor Crites said he would support staff's position and
vote for the continuance of the franchise agreement with
Waste Management primarily because it was the incumbent
company. He said it was not because he did not think
Western Waste would also do a good job for the City. and
they should be proud of the fact that they have someone in
this Valley who is truly professional and excellent at
what he does.
Councilman Snyder said he would second the comments made
by Mayor Crites and was tremendously impressed with the
professionalism and the manner with which this program was
approached.
Mayor Crites called for the vote, and the motion carried by a
4-1 vote, with Councilmember Benson voting NO.
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XII. OLD BUSINESS
A. REQUEST FOR APPROVAL OF CIVIC CENTER OFFICE SPACE CONTRACT
(CONTRACT NO. 00-415).
Mr. Shillcock reviewed the staff report, noting that it
was staff's intent to secure two tenants, the Coachella
Valley Association of Governments and the Convention and
Visitors Bureau, whose leases would expire in July, 1990.
Councilman Kelly asked whether any commitment had been
made by either of these two groups.
Mr. Shillcock responded that it would be premature to
obtain any commitment until there is an actual project.
He said staff had met with Les Cleveland of CVAG to find
out what kind of space he would require and that a
proposal had been prepared to be submitted to them at the
end of February. He added that he would be getting
information next week regarding the needs of the CVB.
Mayor Crites asked whether the proposal was to build two -
store buildings on the Civic Center site. Mr. Shillcock
responded that it was, and Mayor Crites said he would vote
against it for that reason.
Councilman Snyder moved to, by Minute Motion: 1) Authorize
staff to execute an agreement with The Brothers for Steps 1 and 2 of
their proposal; and 2) Appropriate $40,000 from the Civic Center Capital
Project Fund Balance Reserve.
Councilman Kelly stated he would vote against this because
he was not convinced this was the best use of the land on
the Civic Center site. He said he felt this was not
something that was needed, and it did not provide a
service that could not be provided elsewhere within the
free enterprise system.
Councilmember Benson said she did not like the two -store
buildings unless there is a real shortage of office space.
She added that although it might be a little premature to
get a commitment from the CVB, they did have to be out
totally by June 30th from their present site.
Councilman Wilson stated that he felt quasi -governmental
usage on the Civic Center site was a good usage; however,
he was concerned with doing a building that may or may not
be compatible with the design of the Civic Center. He
said that until he could see more spe''fics such as the
011.
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conceptual design of the building, he would prefer that
the motion be withdrawn.
Councilman Snyder said he would withdraw his motion under that
philosophy. He added that before Council rejects the proposal, the total
plan submitted for the Civic Center site should be looked at.
Councilman Snyder moved to continue this matter for two weeks
and direct staff to provide information to the Council relative to the
Civic Center site and the exterior looks of the office building being
proposed. Motion was seconded by Wilson and carried by unanimous vote of
the Council.
Mayor Crites suggested adjourning this meeting to 3:00
p.m. on Thursday, February 22nd, to allow Council to
review the information from staff regarding this matter.
Council concurred.
XIII. REPORTS AND REMARKS
A. CITY MANAGER
1. Letter from Sunrise Corporation Relative to
Annexation of 640 Acres Adjacent to The Lakes Country
Club.
Mr. Altman reviewed the letter in the packets.
Councilman Kelly moved to, by Minute Motion, direct staff and
the Annexation Committee to meet with Sunrise Company to discuss
potential annexation issues. Motion was seconded by Benson and carried
by unanimous vote of the Council.
2. Study Session Presentation Regarding Telephone
Companies and Cable Television
Mr. Altman asked that Council add this item to the
Agenda by 4/5ths vote.
Councilman Kelly moved to add this item to the Agenda as one
which arose after the Agenda was posted. Motion was seconded by Benson
and carried by unanimous vote of the Council.
Mr. Altman reported on the presentation made earlier
in the day by Mr. Chuck Cervello of General Telephone
Company relative to federal legislation to allow
telephone companies to be in the cable business. He
suggested that the committee already working on the
cable issue prepare a letter for the Mayor's
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signature stating the City's position in favor of
this legislation.
After additional discussion, Mr. Altman suggested the
following: I) If it is the general feeling of the
Council to support this concept, direct the Mayor to
send a letter; and 2) Direct the Committee to study
the different bills before the legislature.
Councilman Wilson moved to, by Minute Motion, refer this matter
to the Committee for study, and if it is determined that a letter from
the City is appropriate, direct that such letter be prepared for the
Mayor's signature and approved by the Council. Motion was seconded by
Kelly and carried by unanimous vote of the Council.
B. CITY ATTORNEY
None
C. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
None
o City Council Committee Reports:
1. Councilman Wilson circulated a copy of a
brochure prepared by the South Coast Air Quality
Management District regarding 25 ways
individuals can cut down on air pollution. He
said that additional copies were available if
Council wished to distribute them.
2. Counci 1 man Snyder stated that he had an
opportunity recently to make a presentation to a
group of developers and financiers from all over
Southern California and had felt proud to be
able to tell them about the City of Palm
Desert's great financial condition. He said
that while developers are welcome in Palm
Desert. the Council wants to be sure it benefits
the City as well as the developer. He
congratulated the Council on its wisdom and
ability to keep Palm Desert in its fine
Position.
3. Councilmember Benson said she would like to see
a thank you letter sent from the Mayor and
Council to Mrs. Pat Anderson for this year's
authors' reception. She —said it was one of the
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nicest and was well received. She said comments
from some of the local authors were positive.
and they were very pleased that the City had
done this for them.
4. Counci1member Benson reported that she had
attended a child care center conference in
January and would be pursuing the matter through
the Housing Committee of CVAG. She said there
seemed to be a universal problem of what to do
with children before and after school. She
added that she would report more to the Council
at a later date.
5. Mayor Crites stated that he had received a draft
water conservation ordinance from the Coachella
Valley Water District and would forward it to
John Wohlmuth and the City Attorney for initial
comments.
XIV. ORAL COMMUNICATIONS - B
None
Councilman Snyder moved to recess the meeting at 5:30 P.M. for
dinner. Motion was seconded by Wilson and carried by unanimous vote of
the Council.
Mayor Crites reconvened the meeting at 7:00 p.m.
XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
None
XVI. ORAL COMMUNICATIONS - C
None
XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
Mr. Stephen McGrath, Management Intern, presented a plaque to
the Council from Gisborne, New Zealand, Palm Desert's sister
city.
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XVIII. PUBLIC HEARINGS
A. REQUEST FOR CONSIDERATION OF STREET NAME CHANGE FOR A
SECTION OF PORTOLA AVENUE.
Mr. Folkers reviewed the staff report and offered to
answer any questions.
Mayor Crites declared the public hearing open and invited
testimony in FAVOR of or OPPOSED to this street name change.
No testimony was offered, and he declared the public hearing
closed.
Councilman Snyder moved to waive further reading and adopt
Resolution No. 90-17 approving a street name change for the section of
Portola Avenue that dead ends 2,000 feet east of Highway 74 to Indian
Hills Way. Motion was seconded by Wilson and carried by unanimous vote
of the Council.
8. REQUEST FOR APPROVAL OF A CHANGE TO THE CITY'S PARKING LOT
TREE STANDARDS.
Mr. John Wohlmuth reviewed the staff report, noting that
the ordinance would set the tree standards, such as number
of trees, size of planters, materials required, etc.,
while the resolution would set acceptable species of
trees. He offered to answer any questions.
Mayor Crites declared the public hearing open and invited
testimony in FAVOR of or OPPOSED to this request. With no
testimony offered, he declared the public hearing closed.
Councilmember Benson asked whether this information would
be sent to owners of existing parking lots so they can
begin implementing the new standards. Mr. Altman
responded that this would be done.
Mayor Crites thanked staff for its report and said he felt
this was an excellent program.
Councilman Kelly stated that he had been asked to be a
speaker at a conference next month to report on the
position of Environmental Conservation Manager. He said
that in that talk he would provide handouts of the
different programs the City has initiated, such as this
tree program.
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Mayor Crites moved to: 1) Waive further reading and pass
Ordinance No. 596 to second reading, amending Section 25.58.120 of the
Palm Desert Municipal Code; and 2) Waive further reading and adopt
Resolution No. 90-18, setting acceptable plant species as parking lot
trees for the City of Palm Desert Parking Lot Tree Ordinance. Motion was
seconded by Kelly and carried by unanimous vote of the Council.
C. REQUEST FOR CONSIDERATION OF THE USE OF TAX INCREMENTS TO
FINANCE CONSTRUCTION OF A RECREATION FACILITY.
Mr. Ortega reviewed the staff report, noting that before
the Agency could spend tax increments to finance a public
building, it must hold a public hearing to receive any
objections.
Mayor/Chairman Crites noted that this was a joint public
hearing with the City Council and Redevelopment Agency. He
declared the public hearing open and invited testimony in FAVOR
of or OPPOSED to this request. None was offered, and he
declared the public hearing closed.
Councilman/Member Snyder moved to: 1) Waive further reading and
adopt City Council Resolution No. 90-19 approving the payment by the
Redevelopment Agency for the cost of land, installation and construction
of the Recreation Facility; and 2) Waive further reading and adopt
Redevelopment Agency Resolution No. 229 approving the payment by the
Agency for the cost of land, installation and construction of the
Recreation Facility. Motion was seconded by Benson and carried by
unanimous vote.
XIX. ORAL COMMUNICATIONS - D
None
XX. ADJOURNMENT
Councilman Wilson moved to adjourn the meeting at 7:08 p.m. to
3:00 p.m. on Thursday, February 22, 1990, for the purpose of discussing
the Civic Center Office Space issue. Motion was seconded by Snyder and
carried by unanimous vote of the Council.
----SHEILA R. GII/LIGAN, CYO' CLERK
CITY OF PALM DESERT, ALIFORNIA
BUFORD A/CRITES, MAYOR
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