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HomeMy WebLinkAbout1993-10-28MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 28, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Pro-Tempore Wilson convened the meeting at 4:00 p.m. H. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore S. Roy Wilson M. INVOCATION - Councilman Richard S. Kelly IV. ROLL CALL Present: Councilman Buford A. Councilman Richard S. Councilman Walter H. Mayor Pro-Tempore S. Excused Absence: Crites Mayor Jean M. Benson Kelly Snyder Roy Wilson Also Present:. Bruce A. Altman, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk Ramon A. Diaz, ACM/Director of Community Development Richard J. Folkers, ACM/Director of Public Works Carlos L. Ortega, ACM/Director of Redevelopment Agency Paul Shillcock, ACM/Director of Economic Development Pat Conlon, Director of Building and Safety Paul Gibson, City Treasurer/Director of Finance Dave Millheim, Director of Human Resources With Council concurrence, Mayor Pro-Tem Wilson suspended the remainder of the Agenda in order to consider Item A of New Business. See that portion of the Minutes for discussion and action. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * V. CONSENT CALENDAR A. MINUTE of the Regular City Council Meeting of October 14, 1993. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant No. 14. Rec: Approve as presented. APPLICATION FOR ALCOHOLIC BEVERAQE LICENSE by Shersand Corporation for Nonchalance, 74-360 Highway 111, Palm Desert. Rec: Receive and file. APPLICATION FOR ALCOHOLIC BEVERAQE LICENSE by Ah Fong and Winglam Bill Shou for China Garden Restaurant, 73-196 Highway 111, Palm Desert. Rec: Receive and file. E. CLAIM AGAINST THE CITY (#234) by James S. Hawkins in an Unspecified Amount. C. D. Rec: By Minute Motion, deny the claim and instruct the City Clerk to so notify the Claimant. F. RESOLUTION NO. 93-94 - 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 (September, 1993). Rec: Waive further reading and adopt. G. RESOLUTION NO. 93-95, - 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 Public Works that have been Microfilmed. Rec: Waive further reading and adopt. H. LETTER OF RESIGNATION from Mr. Ed A. Pogue from the Art -In -Public -Places Selection Subcommittee. Rec: Accept with sincere regret. 2 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. REOUEST FOR APPROVAL of Plan Check Extension for Apartment Buildings Located at 44-490, 44-520, and 44-560 San Rafael Avenue (James A. Sattley, Applicant). Rec: By Minute Motion, approve a six-month plan check extension for the apartment buildings located at 44-490, 44-520, and 44-560 San Rafael Avenue. J. REQUEST FOR CONSIDERATION of the Declaration of Surplus Property - Communications Beepers. Rec: By Minute Motion, declare 17 beepers as surplus r,i.,r:.,tj and authorize the replacement with new .NEC digital beepers. K. REOUEST FOR APPROVAL of Final Payment for J.D. Stein on the Temporary Bridge. Rec: By Minute Motion, appropriate an amount not to exceed $47,788.05 from the unobligated general fund for the final payment of the temporary emergency bridge and the additional premium for liability insurance. L. REQUEST FOR APPROVAL of 19th Year Community Development Block Grant (CDBG) Funds. Rec: By Minute Motion: 1) Approve the Supplemental Agreement (Contract No. C08000) with the County of Riverside, which will authorize the City to release awards to 19th Year CDBG subrecipients; 2) approve the Memorandum of Understanding between Family Service of Coachella Valley and the City of Palm Desert (Contract No. C08010); 3) approve the Memorandum of Understanding between Fish of the Lower Coachella Valley and the City of Palm Desert (Contract No. C08020). M. REQUEST FOR APPROVAL of Acquisition Agreement for Lazar Property (Contract No. C08030). Rec: By Minute Motion, approve the acquisition agreement with the County of Riverside and the City of Palm Desert for the purchase of a portion of APN 618-490-022 known as the Lazar N. REQUEST FOR RELEASE of One -Year Maintenance Security for Tract 24287 (Desert Community Properties, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the one-year maintenance securities for the subject tract. 3 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 1993 * * * * * s * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * O. REOUEST FOR ACCEPTANCE OF WORK for Repairs to the Civic Center Parking Lot Project (Contract No. C06980) and the New Civic Center Parking Lot (Contract No. C0698A). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file Notices of Completion for the subject projects. P. REQUEST FOR APPROVAL of Change Order No. 1 to the Fred Waring Drive Repairs & Resurfacing Project (Contract No. C06630). Rec: By Minute Motion, approve Change Order No. 1 for the variable thickness latex modified asphalt pavement in the amount of $13,478.40. Q. REOUEST FOR APPROVAL of Change Order No. 1 to the Street Repairs and Overlay Program (Contract No. C06680). Rec: By Minute Motion, approve Change Order No. 1 in the amount of $43,688.86 for the additional excavation, asphalt concrete pavement in the removal areas, and the additional asphalt rubber hot mix for the increased thicknesses on the various streets overlayed. R. REQUEST FOR AUTHORIZATION to Expand the Scope of the Bid for Contract No. C07400 for Landscape Maintenance for Assessment District Zone 9, The Grove. Rec: By Minute Motion: 1) Authorize the bid for Contract No. C07400 to include the landscape maintenance for Assessment District Zone 9, The Grove; Zone 7, Waring Court; Zone 3, The Vineyards; and the street median on Magnesia Falls Drive from Portola Avenue to the Community Park, Consolidated Maintenance Area No. 1; 2) authorize an additional one -month temporary maintenance for The Grove by Carter & Carter Landscape in the amount of $550.00, for December, 1993. S. REO, TEST FOR AUTHORIZATION to Advertise and Call for Bids for Consolidated Maintenance Area No. 2 (Contract No. C08040). Rec: By Minute Motion: 1) Approve a two -month landscape maintenance proposal with Sunshine Landscape for Highway 111 medians in the amount of $3,900.00 per month; 2) authorize the City Clerk to advertise and call for bids for landscape maintenance for Consolidated Maintenance Area No. 2. 4 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * T. REQUEST FOR APPROVAL of the Issuance of an Open Purchase Order on an Annual Basis for Sandblasting on City Streets. Rec: By Minute Motion, authorize Public Works staff to issue an open purchase order on an annual basis to Western Sandblasting for sandblasting services as needed by the City of Palm Desert in an amount not to exceed $10,000 per year. U. APPOINTMENT to the Art -In -Public -Places Subcommittee to Fill the Vacancy Created by the Resignation of Ed Pogue. Rec: By Minute Motion, appoint Ms. Celeste Vigon to the Art -In -Public -Places Subcommittee to fill the vacancy created by the resignation of Ed Pogue. Councilman Crites requested that Item U be removed for separate discussion under Section IX, Consent Items Held Over, of the Agenda. Upon motion by Crites, second by Kelly, the remainder of the Consent Calendar was approved as presented by unanimous vote of the Councilmembers present. VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS A. RESOLUTION NO. 93-96 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING UNCLAIMED MONIES IN THE CITY'S TREASURY. Mr. Altman noted the memorandum in the packets from Finance Director Paul Gibson and offered to answer any questions. Councilman Crites moved to waive further reading and adopt Resolution No. 93-96. Motion was seconded by Kelly and carried by unanimous vote. B. RESOLUTION NO. 93-97 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A FIRST SUPPLEMENT TO FISCAL AGENT AGREEMENT AND AUTHORIZING THE EXECUTION AND DELIVERY THEREOF. Mr. Altman noted the staff report in the packets and offered to answer any questins. Councilman Kelly moved to waive further reading and adopt Resolution No. 93-97. Motion was seconded by Snyder and carried by unanimous vote. 5 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VIII. ORDINANCES For Introduction; None For Adoption: A. ORDINANCE NO. 72$ - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING SECTION 9.50.075 TO THE MUNICIPAL CODE REGARDING FORCED EXEMPTION OF RENTAL AGREEMENTS FROM MOBILE HOME RENT REVIEW LAW AND AMENDING SECTION 9.50.120 OF THE MUNICIPAL CODE REGARDING DISCRIMINATION AND RETALIATION. Mr. Altman stated that no changes had been since introduction of this ordinance, and he recommended its adoption. Councilman Snyder moved to waive further reading and adopt Ordinance No. 728. Motion was seconded by Kelly and carried by unanimous vote. IX. CONSENT ITEMS HELD OVER U. APPOINTMENT to the Art -In -Public -Places Subcommittee to Fill the Vacancy Created by the Resignation of Ed Pogue. Councilman Crites stated he felt this appointment was premature, and he asked that it be held and brought back when appropriate. Council concurred. X. NEW BUSINESS A. PRESENTATIONS BY "WASHINGTON SCHOOL AMBASSADORS". Mrs. Carole Horlock, Principal of Washington School, stated the main reason they were at the meeting was to let the Council know how much Washington School appreciates the kind of partnership that exists between the City and the schools. She noted that this group of fifth graders would be giving individual short speeches relative to citizenship, school, etc. The following students addressed Council: Richard Davis, President of the Student Leadership Council; Kristin Loeser, Bradley Smith, Amy Raymond, Jack Peat, Frank Chang, Dawson Ludwig, Lindsey Jobe, Megan Godecke, and Paul Heredia. Mayor Pro-Tem Wilson stated he felt it was refreshing to see such a great group of talented and articulate young people, the leaders of tomorrow, and to see what positive insights they 6 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * have for their future. He added that the City was proud to be a partner with Washington School. B. REOUEST FOR APPROVAL OF SB821 FISCAL YEAR 1993 BICYCLE AND PEDESTRIAN PROJECT PROGRAM - WASHINGTON SCHOOL SIDEWALKS (CONTRACT NO. C0805Q). Mr. Diaz reviewed the staff report, noting that the City had received $21,029 in grant money for a proposed $55,000 sidewalk project surrounding Washington School. Although there was a required match of $5,500, staff was recommending a greater match ($35,323) so that the project could be constructed as designed. Councilman Crites moved to, by Minute Motion, appropriate $35,323 from unobligated reserves and authorize the City Clerk to advertise and call for bids for construction of the project. Motion was seconded by Kelly and carried by unanimous vote. C. REOUEST FOR CONSIDERATION OF AN APPEAL BY PALMS TO PINES CANVAS ON BEHALF OF TROY, LOCATED AT 73-255 EL PASEO, TO A DECISION OF THE ARCHITECTURAL REVIEW COMMISSION WHICH APPROVED THE INSTALLATION OF THE REQUESTED AWNING BUT DENIED INCLUSION OF SCALLOPS. Mr. Diaz reviewed the staff report, noting that the awning had been installed as approved without the scallops. He said the Architectural Review Commission denied the inclusion of scallops on the awning because it felt they would not fit in; in addition, it noted that City policy is to discourage the use of scallops, and any that are allowed "shall not be pronounced". He stated that staffs recommendation was that the Council deny the appeal and affirm the action of the Architectural Review Commission. MS. ROSEMARY TROY spoke as the applicant and stated her business would be opening in three days. She said she felt the awning without scallops was too harsh for the interior of the building and stated that denial would do great harm to her business. MR. PAUL CAMPBELL, 73-910 El Paseo, stated that he felt sometimes that members of the Architectural Review Commission tend to get out of touch with the community. He noted that none of the members had in the last four years attended any of the meetings of the El Paseo Business Association in order to understand the kinds of problems they have on this street. He noted they were trying to create a new image on El Paseo this year, and he felt the scallops on the awning would give it a softer look. He said he felt Ms. Troy's request was not without precedent since the Sandwich Board had recently added scallops to its awning. MR. BOB FEENEY, 73-255 El Paseo, said it seemed to him that the Council would do anything it could to help the businesses on El Paseo. 7 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL 11-iuEG OCTOBER 28, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon question by Councilman Crites, Planner Phil Drell responded that the Architectural Review Commission felt that in certain situations they would like to see a cleaner look relative to the design of the awning and building. However, upon question by Wilson, he stated that he did not think there was a passionate argument on the part of the Commission. Upon further question by Councilman Crites, Mr. Drell stated that the Commission looks at each request individually and makes its determination based on how the awning will fit with the surrounding area. He noted, however, that the ones approved were much more subtle. Councilman Kelly stated he did not see any problems with the scallops and that he had walked El Paseo during the last week. He said he felt the City needed to do everything it could to help El Paseo. Councilman Kelly moved to, by Minute Motion, grant the appeal and allow the inclusion of scallops on the applicant's awning. Motion was seconded by Wilson. Councilman Snyder stated he respected and admired the Architectural Review Commission for its work and felt it had kept Palm Desert from getting out of hand. He said he never liked the idea of having awnings all around; however, he did recognize the need to create an identity. He agreed with Councilman Kelly that now is the time to try and assist the businesses on El Paseo. Councilman Crites stated he had gone down and looked at the awning, the building, and the interior of the business, which he felt looked fine. However, he said the whole issue of awnings was to keep the street clean, not cluttered looking, and unless they were determined to be appropriate, the use of awnings would be discouraged. He stated that the Architectural Review Commission had determined that scallops on the awning were not necessary, and he would agree with that determination. Councilman Wilson stated he had traveled by this location, seen the awning, and had no problem with it as it currently sits. He also stated he had no problem with the scallops. He felt there was a time to be cooperative and encourage businesses to try and make a go on the street, and he said he would support the appeal. Mayor Pro-Tem Wilson called for the vote. Motion carried b a 3-1-1 vote, with Councilman Crites voting NO and Mayor Benson ABSENT. D. REOUEST FOR CONSIDERATION OF SPEED ZONE ESTABLISHMENT (Portola Avenue Between Fred Waring Drive and Mesa View Drive, Haystack Road Between State Highway 74 and Portola Avenue, San Pablo Avenue Between San Gorgonio Way and College of the Desert). Mr. Folkers reviewed the staff report and recommendation and offered to answer any questions. 8 PRELIMINARY MINUTES - REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly moved to waive further reading and pass Ordinance No. 222 to second reading, amending Section 10.36.010 of the Municipal Code Relative to Establishing Speed Zones (Portola Avenue between Grapevine Street and Mesa View Drive; 2) by Minute Motion, affirm the Traffic Engineering Studies for the referenced streets. Motion was seconded by Snyder and carried by unanimous vote. E. INFORMATIONAL ITEMS: 1. Colony CableVision of California Update. Mr. Ortega noted the report in the packets relative to cable complaints received from October 5 through October 19, 1993. 2. Status of Multi -Agency Library. Mr. Diaz stated that the next meeting of the Library Committee was scheduled for November 16, 1993, at which time a member of the Art -In -Public -Places Committee will be present. He noted that a meeting had been held on October 27th with the architect, himself, Councilman Crites, Councilman Kelly, City Manager Bruce Altman, and City Clerk Sheila Gilligan to discuss where the Art -In -Public -Places Program as it relates to the building is going. He said he felt it was a good meeting and that a lot of issues had been clarified. He noted the architect would make a presentation to the Art -In -Public -Places Committee on November 17th. He added that staff hoped to have the formal ground breaking early next year. XI. CONTINUED BUSINESS None XII. OLD BUSINESS None XIII. REPORTS AND REMARKS A. CITY MANAGER 1. Letter from Westinghouse Desert Communities. Inc. Relative to The Skins Game at BIGHORN. Mr. Altman stated that a response had just been received from Westinghouse regarding The Skins Game, and he asked that this matter be added to the Agenda. Councilman Crites moved to add this item to the Agenda for discussion. Motion was seconded by Snyder and carried by unanimous vote. 9 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Pro-Tem Wilson explained that he, Mayor Benson, City Clerk Sheila Gilligan, and City Manager Bruce Altman had met in June with several representatives of Westinghouse to discuss the financial situation with regard to the funding and promotion of The Skins Game. He said they advised Mr. Carl Cardinalli, General Counsel for Westinghouse Desert Communities, to find out whether the parent company, Westinghouse Electric Corporation, would help to support this activity. What was being considered was two 45-second vignettes that would advertise Big Horn and the City of Palm Desert; the City would pay for one, and Westinghouse would pay for the other. He noted that it was felt this would be a good way to promote the City since this golf game is televised throughout the United States and beyond. He added that the City would not commit to spend $100,000 unless Westinghouse Electric was willing to participate. The letter noted by Mr. Altman indicated that Westinghouse Electric had agreed to participate and that the Chairman of the Board of Westinghouse Electric Corporation, Mr. Michael Jordan, had agreed to personally be that company's spokesperson. Mr. Altman added that this would actually be a commercial broadcast during The Skins Game. Councilman Kelly stated he felt this was a good way to reach a lot of people. Councilman Crites expressed concern with spending funds to advertise both the City and a private developer. Mayor Pro-Tem Wilson stated that production costs would run approximately $1.5 million; although Westinghouse would be advertising its homes, at the same time they would be advertising to many millions of people that Palm Desert is the home of The Skins Game. He said it would be a cooperative expenditure of promotional dollars, and if the City were to take that $100,000 and advertise in magazines and other media, it would probably not get as much exposure as it could from piggybacking onto this broadcast. Upon question by Councilman Crites, Mr. Shillcock responded that the Promotion Committee had discussed the issue. The members had supported the idea and felt it would be a unique opportunity to promote Palm Desert; however, they expressed concern with using the dollars allocated to the Committee for promotion because it would exhaust all of the money for advertising for the rest of the year. He added that he felt some middle ground could be found if the Committee were provided with some funds in order to promote the other activities normally promoted in the spring. Councilman Snyder stated he felt this was an excellent way to advertise and promote the City; however, he felt specific points needed to be clarified as to exactly what the City's participation will be. 10 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 1993 « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « Councilman Kelly noted that during a recent trip to New Orleans, someone had asked him where Thousand Palms was located. When he responded that it was near Palm Springs, the person stated "Oh, you mean in the Palm Desert area." He said he felt we were extremently fortunate that The Skins Game did not leave the Valley when it left PGA West and that it instead came to Palm Desert. He said it gives the City world-wide recognition, and he felt this would be a good expenditure of funds. Councilman Kelly moved to, by Minute Motion, authorize the, Mayor, Mayor Pro-Tempore, City Manager, and member of the Promotion Committee to sit down and make sure this letter and the offer are in agreement with the original discussion; if it is not appropriate, the matter would be brought back to the Council. Motion was seconded by Snyder. Upon question by Councilman Crites, Mr. Altman responded that this golf game was the most widely watched golf event in the world. Mayor Pro-Tem Wilson added that this year's game has golfer John Daley, who drives a golf ball farther than anyone else in the world, and this alone draws people to the game who want to see him hit the ball. He stated that he felt it would be great for the City to get a 45-second vignette for between $75,000 and $100,000 considering that it cost approximately $850,000 for a 30-second advertisement during the Super Bowl Game. Councilman Crites asked whether the City would be able to include in its vignette anything it wishes, and Wilson responded that it could. Councilman Kelly amended his motion to authorize the expenditure of up to $100,000. Councilman Snyder agreed to amend his second. Motion carried by unanimous vote. 2. 5unline Transit Agency Joint Powers Agreement Pertaining to Natural Gas Councilman Crites moved to add this item to the Agenda for discussion. Motion was seconded by Kelly and carried by unanimous vote. Councilman Kelly stated that this Joint Powers Agreement (JPA) had been approved two other times; two of the cities had problems with it the first time, and the City of Palm Springs had a problem the second time. He said there was only one signficant change to the agreement; all other changes were typographical errors. He stated the signficant change was that instead of a majority vote to add something to the JPA (which is the way the last version of the agreement read), the new agreement requires a two-thirds vote. It also specifies that if one city does not wish to participate in something new, it would not have to be part of the funding. He added that he felt this was an improvement, and in an effort for the cities to work together and get along, the cities agreed to bring it back to their councils one more time. He noted that it had also been reviewed and approved by the City Attorney. Mr. Erwin agreed. 11 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly moved to, by Minute Motion, approve the Sunline Services Group Joint Powers Agreement. Motion was seconded by Snyder and carried by unanimous vote. B. CITY ATTORNEY Mr. Erwin requested a Closed Session at the appropriate time pursuant to Government Code Section 54956.9(a) and (b), under (a) - City of Palm Desert v. Susan Reed; Palm Desert Greens v. City of Palm Desert. C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City' Council Requests for Action: 1. Letter from Planning Commissioner Diane Cox Mayor Pro-Tem Wilson stated that Mayor Benson had asked that this item be added to the Agenda for discussion because it came up after the Agenda was posted. Councilman Snyder moved to add this item to the Agenda for discussion. Motion was seconded by Crites and carried by unanimous vote. Mayor Pro-Tem Wilson reviewed the letter, noting that it indicated a dilemma inasmuch as Mrs. Cox had sold her home in Palm Desert and had moved into another home in Suncrest Country Club, which is currently in the process of being annexed into the City but which was not yet finalized. He said Mrs. Cox and her husband intended to eventually build another home in Palm Desert; however, at the present time, the City's' ordinance requires that Planning Commissioners be voting residents of the City, which would mean she would not be able to serve on the Planning Commission. Mr. Erwin stated that the Council had several alternatives: 1) Change the ordinance; 2) leave the seat vacant until Mrs. Cox does reestablish residency in the City, but she would not be serving on the Commission during that time. Councilman Snyder asked whether the Council could declare that this is an unusual circumstance in that the area in which she is residing is within the City's sphere of influence and will become part of the City of Palm Desert. Councilman Kelly asked if the Council could grant a special waiver because of special circumstances. He said he would be willing to do this since Suncrest is in the process of being annexed to the City. 12 PRELIMINARY MINUTES - REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 1993 * * * * * * * s s * * * * * * * * a * * * * * * * * * * * * * * * * * * s s Mr. Erwin responded that the Council would run the risk of having someone challenge a decision of the Planning Commission and stated that this Commissioner did not have the authority to act. Councilman Kelly expressed concern that changing the ordinance and allowing a person to serve on the Planning Commission who is not a voter in the City would open the Council to the same kind of problem. Mr. Diaz suggested amending the ordinance to read as it does now but include that an individual who is residing in an area that is in the process of being annexed into the City may sit and vote on the Planning Commission until that annexation process has been completed. Mr. Erwin stated that he felt this could still cause some problems. He said that with the Palm Desert Country Club area also in the process of being annexed, this would open up a lot of a candidates. Councilman Crites asked whether it would be possible to amend the ordinance to state that in order to be appointed to the Planning Commission, an individual must be a resident of Palm Desert; and in order to remain a Planning Commissioner, an individual must be a citizen of Palm Desert or a resident of an area that is being annexed. Mr. Erwin responded that a potential problem with that suggestion is the potential length of the annexation process. If we are going to say "in the process of being annexed", it should be clarified to read "with an application on file with the Local Agency Formation Commission". Councilman Kelly stated he felt the ordinance should be left alone regardless of how highly he thinks of this Commissioner. He said that the Planning Commission makes decisions the same as the Council, and he felt it should remain very clear that Planning Commissioners must be residents of Palm Desert. He added that he felt one of the biggest dangers was to change policies to fit individual persons. Councilman Snyder agreed with Kelly and said he held the Planning Commission in high esteem. Mayor Pro-Tem Wilson said he felt this was a rare situation, and the odds of it happeneing on a regular basis were probably one in a thousand. He added that because it was a temporary situation, he would rather see a simple solution and not go through the replacement process which will probably take as long as it will to finalize the annexation. 13 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites moved to, by Minute Motion, direct that Mayor Pro-Tem Wilson, Councilman Snyder, and City Attorney Dave Erwin look at this issue and bring back to the Council an option they think would be most appropriate. Motion was seconded by Snyder and carried by a 3-1 vote, with Councilman Kelly voting NO. o City Council Committee Reports: None XIV. ORAL COMMUNICATIONS - B None XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XVI. ORAL COMMUNICATIONS - C None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS None XVIII. PUBLIC HEARINGS None XIX. ORAL COMMUNICATIONS - D None 14 PRELIMNARY MINUTES REGULAR PALM DESERT ATY COUNCIL Mr r. i n G OCTOBER 28, 1993 s s s s s* * *** s s s** s s s s s*• s s *** s s s s * * * * * * s XX. ADJOURNMENT Councilman Crites moved to adjourn to Closed Session at 5:50 p.m. pursuant to Government Code Section 54956.9(a) and (b), under (a) - City of Palm Desert v. Susan Reed; Palm Desert Greens v. City of Palm Desert. Motion was seconded by Kelly and carried by unanimous vote. Mayor Pro-Tem Wilson reconvened the meeting at 7:48 p.m. and immediately adjourned with no action announced from Closed Session. ATTEST: SHEILA R. GLLL'IGAN, C CLERKJP.I.O. CITY OF PALM DESERT, ALIFORNIA N, MAYOR PRO-' 15