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HomeMy WebLinkAbout1993-09-09MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 9, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Benson convened the meeting at 4:00 p.m. II. PLEDGE OF ALLEGIANCE - Mayor Jean M. Benson M. INVOCATION - Councilman Walter H. Snyder IV. ROLL CALL Present: Councilman Buford A. Crites Councilman Richard S. Kelly Councilman Walter H. Snyder Mayor Jean M. Benson Excused Absence: Mayor Pro-Tempore S. Roy Wilson Also Present: Bruce A. Altman, City Manager Doug Phillips, Deputy City Attorney Sheila R. Gilligan, City Clerk/P.I.O. Carlos L. Ortega, ACM/Executive Director of Redevelopment Ramon A. Diaz, ACM/Director of Community Development Richard J. Folkers, ACM/Director of Public Works Paul Shillcock, ACM/Director of Economic Development Agnes Flor, Acting Finance Director Frank Allen, Director of Code Compliance Pat Conlon, Director of Building and Safety Dave Millheim, Director of Human Resources John Wohlmuth, Environmental Conservation Manager Catherine Sass, Community Arts Manager MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of August 26, 1993. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 7 and 8. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Marilyn Louise and Thomas Bauer for Dakota Bar & Grill, 73-260 El Paseo, Palm Desert. D. Rec: Receive and file. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Ralph's Grocery Company for Ralph's, 74-884 Country Club Drive, Palm Desert. Rec: Receive and file. E. CLAIM AGAINST THE CITY (#229) by Helen Ulmer in the Amount of $12,888.15 plus $8,500.00 in Estimated Future Costs. Rec: By Minute Motion, deny the Claim and direct the City Clerk to so notify the Claimant. F. CLAIM AGAINST THE CITY (#230) by Fioria M. VanKoten in the Amount of $1,000.00. Rec: By Minute Motion, deny the Claim and direct the City Clerk to so notify the Claimant. G. REOUEST FOR APPROPRIATION of Funds for Annexation No. 31 - Suncrest Country Club. Rec: By Minute Motion, appropriate $5,000 to Account #110-4111-410-3640 to cover cost of filing fees for Palm Desert Annexation No. 31 - Suncrest Country Club. H. REOUEST FOR APPROVAL of Portola Avenue/Fairway Drive Intersection Control Modification. Rec: By Minute Motion: 1) Review and concur with the staff report dated September 9, 1993; 2) approve staff recommendation as outlined in the report; 3) authorize staff to implement the modification. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. REOUEST FOR APPROVAL of Change Order No. 1 to Ironwood Park Construction Contract (Contract No. C06610). Rec: By Minute Motion: 1) Approve Change Order No. 1 to Contract No. C06610 in the amount not to exceed $5,754.00 for additional design and construction services; 2) authorize the appropriation of $5,754.00 from contingency to base Account No. 430-4671-454-4001. J. REOUEST FOR AWARD OF CONTRACT for Installation of Traffic Signal at Portola Avenue and Quicksilver Drive (Contract No. C07460). Rec: By Minute Motion, award Contract No. C0740 to Select Electric, Inc. for the installation of the traffic signal at Portola Avenue and Quicksilver Drive (Project No. 569-93) in the amount of $110,290.00 plus a contingency of $11,029.00, and authorize the Mayor to execute the agreement. K. REOUEST FOR APPROVAL of Change in Location of Approved Out -of -State Travel. Rec: By Minute Motion, authorize staff to attend Harward Technical Enterprises training for new release of accounting software in Jefferson County, Colorado, October 25- 26, 1993. L. REOUEST FOR CONSIDERATION of Union Bank Parking Lot Lights, Southeast Corner of El Paseo and San Luis Rey. Rec: By Minute Motion, make a finding and determination that the Union Bank lighting improvements are exempt from the requirements of Ordinance 642, City Dark Skies Ordinance. M. REOUEST FOR APPROVAL of Civic Center Security System (Contract No. C07860). Rec: By Minute Motion, approve Magers Alarm Systems to provide security and fire monitoring services to the City of Palm Desert. N. REOUEST FOR APPROVAL of Ethics Policy. Rec: By Minute Motion, adopt the Ethics Policy for City Staff and City Officials. Mayor Benson noted that she had received requests from members of the audience to hold Items F and H for separate discussion under Section IX, Consent Items Held Over, of the Agenda. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly moved to approve the remainder of the Consent Calendar as presented. Motion was seconded by Snyder and carried by unanimous vote. With Council concurrence, Item E was reconsidered and discussed in Closed Session. See Consent Items Held Over for Council action. VI. ORAL COMMUNICATIONS - A MS. HELEN ULMER addressed Council and stated she was the Claimant in Item E of the Consent Calendar. She expressed concern that her claim had been denied and felt the City was at fault for not protecting the intersection of Portola Avenue and Quicksilver Drive. She questioned why the City would approve Item J of the Consent Calendar for a signal if it did not feel a signal was necessary at the intersection. Mr. Phillips suggested that the Council discuss the claim in Closed Session. He added that he did not feel there was any connection between Items E and J because the City had been working on the signal at Portola and Quicksilver for a long time. Mr. Altman stated that with regard to Item J, the contract was awarded to install the traffic signal which will be partially paid for by Portola Country Club Homeowners Association. He noted that $40,000 of the $50,000 to be paid by Portola Country Club had been received that day. VII. RESOLUTIONS None VIII. ORDINANCES For Introduction: None For Adootion: A. ORDINANCE NO. 725 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 3.28.020 OF THE PALM DESERT MUNICIPAL CODE PERTAINING TO TRANSIENT OCCUPANCY TAX. Mr. Altman stated that no changes had been made to this ordinance since its introduction, and he recommended adoption. Councilman Crites moved to waive further reading and adopt Ordinance No. 725,. Motion was seconded by Kelly and carried by unanimous vote. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. ORDINANCE NO. 726 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING CHAPTER 8.23 OF THE PALM DESERT MUNICIPAL CODE RELATING TO FIREWORKS. Mr. Altman stated there had been no changes to this ordinance, and he recommended adoption. Councilman Kelly moved to waive further reading and adopt Ordinance No. 726. Motion was seconded by Snyder and carried by unanimous vote. IX. CONSENT ITEMS HELD OVER 00 H. REOUEST FOR APPROVAL of Portola Avenue/Fairway Drive Intersection Control Modification. Mrs. Carole Horlock, Principal of Washington Elementary School, addressed Council and expressed concern with the traffic on Portola Avenue near the school. She urged the Council to consider installation of a stop sign at Fairway Drive to slow the traffic and said she felt this would help in the safety of children who are crossing Portola Avenue to go to school. Councilman Snyder moved to, by Minute Motion: 1) Review and concur with the staff report dated September 9, 1993; 2) approve staff recommendation as outlined in the report; 3) authorize staff to implement the modification, with direction to move forward as quickly as possible. Motion was seconded by Kelly and carried by unanimous vote. E. CLAIM AGAINST THE CITY (#229) by Helen Ulmer in the Amount of $12,888.15 plus $8,500.00 in Estimated Future Costs. This item was discussed in Closed Session. Councilman Snyder moved to, by Minute Motion, deny the Claim and direct the City Clerk to so notify the Claimant. Motion was seconded by Kelly and carried by unanimous vote. F. CLAIM AGAINST THE CITY (#230) by Flora M. VanKoten in the Amount of $1,000.00. Ms. VanKoten addressed Council and explained how the accident had happened. She noted that she had been traveling east on Alessandro and had "bottomed out" her car while going through the dip at San Luis Rey. She stated there was no sign indicating the presence of a dip on eastbound Alessandro while there was a sign westbound; however, there is now a sign on eastbound Alessandro as well. She added that she was requesting that the City reimburse her for her insurance deductible of $1,000.00. She also gave to the City Clerk (for Closed Session) photographs which she said had been taken both the day after the accident and the day before this Council meeting. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * This item was discussed in Closed Session. Councilman Kelly moved to, by Minute Motion, deny the Claim and direct the City Clerk to so notify the Claimant. Motion was seconded by Snyder and carried by unanimous vote. X. NEW BUSINESS A. REOUEST FOR CONSIDERATION OF COOPERATION AGREEMENTS FOR PROJECT AREA NO. 4 (JOINT MATTER WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mayor Benson convened the Redevelopment Agency meeting at 4:25 p.m. ROLL CALL Present: Member Buford A. Crites Member Richard S. Kelly Member Walter H. Snyder Chairman Jean M. Benson Excused Absence: Vice Chairman S. Roy Wilson Mr. Altman reviewed the staff report and offered to answer any questions. Councilman/Member Crites moved to: 1) By Minute Motion, approve the cooperation agreements with regard to Project Area No. 4 pass -through payments between the Palm Desert Redevelopment Agency, the City of Palm Desert, and various taxing agencies (Riverside County Superintendent of Schools District - Contract No. C07870; Coachella Valley Water District - Contract No. C07880); 2) waive further reading and adopt Resolution No. Za.6 approving payments with certain affected taxing agencies pursuant to various cooperative agreements with respect to Project Area No. 4; 3) by Minute Motion, authorize the Chairman to execute the cooperation agreements between the Palm Desert Redevelopment Agency, the City of Palm Desert, and various taxing agencies. Motion was seconded by Kelly and carried by unanimous vote. B. INFORMATIONAL ITEMS: 1. Colony CableVision of California Update. Mr. Altman noted there were no cable complaints this time. 2. Status of Multi -Agency Library. Mr. Diaz stated there was nothing new to report at this time. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *•* * * * * * .* * XI. CONTINUED BUSINESS A. CLAIM AGAINST THE CITY (#226) by Barbara Durkee in the Amount of $665.36 (Continued from the Meeting of August 26, 1993). This item was discussed in Closed Session. Councilman Snyder moved to, by Minute Motion, deny the claim and direct the City Clerk to so notify the Claimant. Motion was seconded by Kelly and carried by a 3-0-2 vote, with Councilmen Crites and Wilson ABSENT. B. REOUEST FOR APPROVAL of Change Order No. 1 to Civic Center Parking Lot Improvements Contract C0698A (Continued from the Meeting of August 26, 1993). Mr. Altman noted the staff report in the packets and offered to answer any questions. Councilman Snyder moved to, by Minute Motion, approve Change Order No. 1 for the substitution of wrought iron fencing for chain link fencing in the amount of $20,975.00. Motion was seconded by Kelly and carried by unanimous vote. C. REOUEST FOR APPROVAL of Extension of Landscape Maintenance Contracts C04134 and CO2976 with Environmental Care, Inc. (Continued from the Meeting of August 26, 1993). Mr. Folkers reviewed the staff report and offered to answer any questions. Councilman Crites stated that he and Administrative Assistant Tom Bassler had gone out and looked at the medians. As everyone is aware, there are some problems with the plants. Some of the problems are because of seasonal plants and poor plant selection. He said it was hoped that the City's landscape contractor, Eric Johnson, could help to put together some type of manual that would specify better horticultural techniques so that contractors would have a better idea what the City wanted as far as landscaping. Councilman Crites moved to, by Minute Motion, approve a month to month extension of the following agreements with Environmental Care, Inc.: 1) Contract No. C04134, landscape maintenance services for Highway 74 Frontage Road Medians in the amount of $971.32 per month; 2) Contract No. CO2976, landscape maintenance services for Fred Waring Drive, Monterey Avenue, and Town Center Way street medians in the amount of $2,268.68 per month, with the understanding that the City will be using some of the services of Mr. Eric Johnson with regard to including better specifications as to horticultural practices. Motion was seconded by Snyder and carried by unanimous vote. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETIN;G SEPTEMBER 9, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. CONSIDERATION OF REOUEST FROM EL PASEO BUSINESS ASSOCIATION FOR INCREASED BUSINESS LICENSE ENFORCEMENT (Continued from the Meetings of July 8 and August 26, 1993). Mr. Altman stated that a very good meeting had been held that morning with Code Compliance Officers Wayne Ramsey and Daisy Garcia and representatives of the El Paseo Merchants Association. The outcome was that staff will prepare a Memorandum of Understanding as to what the City will do with regard to business license enforcement. MR. PAUL CAMPBELL addressed Council and stated that while he was not at the meeting, he understood that it was very productive. Pr'blems from the past were identified as well as solutions. He added that for the time being, the matter was closed. Councilman Crites moved to, by Minute Motion, concur with the staff report and recommendation to maintain the same level of business license enforcement. Motion was seconded by Kelly and carried by unanimous vote. XII. OLD BUSINESS A. REOUEST FOR CONSIDERATION OF AN APPEAL FOR PALM DESERT GARDEN APARTMENTS, 73-600 SAN GORGONIO WAY (EUGENE R. KIRKPATRICK, APPLICANT). Code Compliance Officer Evelyn Bridges addressed Council and reviewed the staff report, noting that staff continued to recommend that the appeal be denied and the property owner notified that the trash dumpster(s) are to be enclosed, kept clear of public nuisance, and monitored for compliance by the property manager, property management company, and/or property owner. MR. EUGENE KIRKPATRICK, 273 Castellana North, Palm Desert, stated he had been a resident of Palm Desert for 13 years and an investor in Palm Desert property for the last eight to nine years. He said he was concerned with the action originally taken by the Council for two reasons: 1) With regard to the finding of a public nuisance, he said it was his understanding that a nuisance was something that was continuing and permanent, and neither of those conditions existed at the current time for his property; 2) creation of an enclosure for the dumpster would not solve the problem of people dumping their excess furniture and other debris at this dumpster. He added that a local management company had retained an on -site manager for the property to see that the problems do not occur. He submitted that the matter had been taken care of and said he felt it did not make sense at this time to establish an elaborate enclosure for the dumpster. At the request of the Council, Ms. Bridges gave more detailed background of this matter, noting that the original appeal was filed in February because Mr. Kirkpatrick had not received timely information from the property management company, Desselle Properties, and 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * therefore was not able to attend the City Council meeting and be heard. Both staff and the City Attorney felt he should be allowed to speak to the Council. She noted that there had been problems again in June with discarded furniture around the dumpster. She said staff felt unless there was an enclosure that would screen the dumpster from view, this will continue to happen. Code Compliance Director Frank Allen read a portion of Municipal Code Chapter 8.12 which requires that dumpsters be screened from view. MR. JOHN PONTRELLI, 68-640 Hermosillo, Cathedral City, stated that he was the property manager for this project and suggested a solution to the problem. He stated that perhaps the dumpster could be moved to an area designated for motorcycle parking which is screened by oleander bushes. He said Waste Management would not have a problem getting ingress and egress to the site to service the dumpster, and he felt this might hinder the illegal dumping. Mr. Phillips stated that Palm Desert Municipal Code Section 8.12.020 (a) allows that containers be completely screened from public view by walls, fences, buildings, or plants. How that is done would be up to the City. Councilman Crites moved to, by Minute Motion, direct staff to work with the applicant to comply with the intent of the City's ordinance with regard to trash enclosures, with a report to the Council indicating the final disposition of this matter. Motion was seconded by Snyder and carried by unanimous vote. B. REOUEST FOR COUNCIL DIRECTION RELATIVE TO NORTH AMERICAN FREE TRADE AGREEMENT (NAFTA). Councilman Kelly reported that this issue had been dealt with at the last SCAG meeting. There was a SCAG subcommittee that gave what he felt was a biased report in favor of NAFTA, based more on politics than on facts and figures. He said he had spoken in opposition to NAFTA because of his primary concerns with the truck traffic that would be passing through the Coachella Valley and the fact that it would be much easier to transport illegal drugs. He said he had voted against SCAG's endorsement of NAFTA; however, it passed by a vote of 24 to 6. He noted he had received approximately 20 letters in opposition to NAFTA and none in favor, and an opinion survey in the Desert Sun indicated approximately 90% opposed. He added that this would be discussed soon by the Coachella Valley Association of Governments (CVAG), and he felt CVAG should consider the impacts it will have in the Coachella Valley and take a position based on those impacts. Councilman Crites stated that there were several aspects of this agreement that were not really the responsibility of local government, such as wages. He said he felt what was important was that our air quality not be a victim of free trade. He felt there should be direction to the Mayor that environmental issues that affect our citizens and the Coachella Valley have not been adequately addressed, and those issues must be addressed. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly agreed that local government needs to concentrate on those types of things for which we are responsible if we want to have an affect on NAFTA. MR. WILLIAM BYRNE, 301 Overlook Road, Palm Springs, thanked Council for the letters to Allen Campbell of the United States General Services Administration asking for a delay and for an environmental impact report. He noted he had talked to Mr. Campbell this week, and he advised that a 14-day delay had been granted; however, he felt it was unlikely that they would include Riverside county and the Coachella Valley in a new, full environmental impact report. He stated that Mr. Campbell had air expressed to him a copy of the environmental impact report done for Imperial County, and he read portions of the report to the Council. He said he felt Riverside County should get an injunction against NAFTA, which he felt would send a message to Washington, D.C. that this will not be tolerated in the Coachella Valley. He added that it was important to stop the construction of the Port of Entry in Calexico and said the Mexico side was already half built. He concluded his statements by saying he felt until there is a full and complete environmental impact study' done, we should not vote in favor of NAFTA. MS. LOIS MALL, Regional Director of the American Lung Association and resident of Palm Desert, read a letter sent to Allen Campbell from the Lung Association relative to the inadequacy of environmental impact studies on NAFTA. She urged the Council to continue the excellent work it has started in opposition to the Port of Entry and NAFTA. Mayor Benson stated she had received a phone call from Mr. Campbell indicating he did not think there would be any hearings in this area but requesting a telephone conference call to see what our concerns are. She said she advised that this would have to wait until Councilman Wilson gets back to the City. MR. HANS GIESAULT, United We Stand America, urged the Council to continue asking for delays until an environmental impact study is done. Councilman Crites moved to, by Minute Motion, direct that City representatives who are involved in Valley -wide government through CVAG and SCAG and the Mayor as the representative of the citizens of Palm Desert and the City Council to take appropriate measures to see that the Coachella Valley air quality does not become a victim of free trade, that this is not a compromise the City of Palm Desert will accept. Motion was seconded by Kelly and carried by unanimous vote. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XIII. REPORTS AND REMARKS A. CITY MANAGER 1. County Resolution Recording the Export of Solid Waste from Riverside County. Mr. Altman stated that this item had come up after the Agenda was posted. Councilman Crites moved to add this item to the Agenda for discussion. Motion was seconded by Snyder and carried by unanimous vote. Mr. Wohlmuth reviewed the staff report, noting that the County resolution would be considered by the Board of Supervisors at a public hearing on September 20th. He said the resolution would limit the ability of the City of Palm Desert to control where the waste in the City will be sent and would require that all waste be disposed of in County landfills. He asked for Council direction. Councilman Kelly moved to, by Minute Motion: 1) Direct the Mayor to send a letter to the Riverside County Board of Supervisors expressing Council's opposition to the County resolution establishing that solid waste generated in Riverside County may only be landfilled in Riverside County facilities; 2) direct staff to represent the City in opposing this resolution at the Riverside County Board of Supervisors public hearing on September 20, 1993. Motion was seconded by Snyder and carried by unanimous vote. B. CITY ATTORNEY Mr. Phillips requested a Closed Session at the appropriate time pursuant to Government Code Section 54956.9 (a), Pending Litigation (Levald v. City of Palm Desert; City of Palm Desert v. Palm Desert Mini Warehouse; Reed v. City of Palm Desert and vice versa; Palm Desert Greens v. City of Palm Desert), 54956.9 (b), Potential Litigation (Claims of Helen Ulmer - #229, Flora Van Koten - #230, and Barbara Durkee - #226), and 54956.8, Real Property Transactions (Parcel located on northwest corner of Gerald Ford and Portola as extended, owner Gale Messick; property on northeast corner of Frank Sinatra and Cook Street, owner Lionel Steinberg; San Tropez Country Club, owner William Deleeuw). C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: 1. Councilman Crites stated that when the Council approved the Civic Center Park Phase III contracts, it did not do anything about the signage for this phase. He said he felt the park signage that was being completed right now looked great, and he suggested that staff be directed to make sure the signage program extends into the last phase of the park. Council concurred. 11 MINUTES REGULAR PALM DESERT CITY CODICIL MEETING SEPTEMBER 9, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * o City Council Committee Reports: 1. Councilman Kelly stated that both he and Councilman Crites had been appointed as liaisons to the Parks & Recreation Commission, and they had worked it out that Councilman Crites would be the alternate liaison. He said that the Commission was talking about moving ahead with the swimming pool that has been in the Master Plan for the Civic Center Park since the beginning. The Commission will be organizing a subcommittee to work on that and will ask the Council to give its blessing to those appointments. 2. Mayor Benson stated that Palm Springs Life Magazine had recently done an annual readers' survey and that the Palm Desert Civic Center Park had received the award for the best park in the whole Coachella Valley. XIV. ORAL COMMUNICATIONS - B None Councilman Kelly moved to adjourn to Closed Session at 5:33 p.m. pursuant to Government Code Section 54956.9 (a), Pending Litigation (Levald v. City of Palm Desert; City of Palm Desert v. Palm Desert Mini Warehouse; Reed v. City of Palm Desert and vice versa; Palm Desert Greens v. City of Palm Desert), 54956.9 (b), Potential Litigation (Claims of Helen Ulmer - #229, Flora Van Koten - #230, and Barbara Durkee - #226), and 54956.8, Real Property Transactions (Parcel located on northwest corner of Gerald Ford and Portola as extended, owner Gale Messick; property on northeast corner of Frank Sinatra and Cook Street, owner Lionel Steinberg; San Tropez Country Club, owner William DeLeeuw). Motion was seconded by Snyder and carried by unanimous vote. Mayor Benson reconvened the meeting at 6:10 p.m. and immediately recessed for dinner. She reconvened the meeting at 7:05 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XVI. ORAL COMMUNICATIONS - C None 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT TO THE PLANNING COMMISSION TO FILL THE VACANCY CREATED BY EXPIRATION OF TERM OF SABBY JONATHAN. Councilman Crites moved to, by Minute Motion, reappoint Sabby Jonathan to the Palm Desert Planning Commission. Motion was seconded by Kelly and carried by unanimous vote. B. APPOINTMENTS TO THE ARCHITECTURAL REVIEW COMMISSION TO FILL VACANCIES CREATED BY THE EXPIRATION OF TERMS OF RON GREGORY (ALTERNATE), RICHARD O'DONNELL, AND CHRIsTOPHER VAN VLIET. Councilman Crites moved to, by Minute Motion: 1) Reappoint Mr. Ron Gregory as the Alternate to the Architectural Review Commission; 2) reappoint Mr. Richard O'Donnell and Mr. Christopher Van Vliet to new terms on the Architectural Review Commission. Motion was seconded by Snyder and carried by unanimous vote. C. APPOINTMENT TO BUILDING BOARD OF APPEALS TO FILL VACANCY CREATED BY THE EXPIRATION OF TERM OF CHARLES MILLER. Councilman Snyder moved to, by Minute Motion, reappoint Mr. Charles Miller to the Building Board of Appeals and Condemnation. Motion was seconded by Kelly and carried by unanimous vote. D. APPOINTMENTS TO THE CIVIC ARTS COMMITTEE TO FILL VACANCIES CREATED BY THE EXPIRATION OF TERMS OF EVELYN BENNETT, DIANNE FUNK, AND DIANE MORGAN, AND VACANCIES CREATED BY THE RESIGNATIONS OF JANET ABRAMS, CAROLYN MILLER, AND PATRICIA POWER. Councilman Crites moved to, by Minute Motion: 1) Reappoint Evelyn Bennett, Dianne Funk, and Diane Morgan to the Civic Arts Committee; 2) leave the seats of Janet Abrams, Carolyn Miller, and Patricia Power vacant at this time and ask that Council look through the packet of potential applicants and perhaps fill the vacancies from these applications or consider waiting to fill the vacancies until after the boundaries of the City change due to the annexation of the Palm Desert Country Club area. Motion was seconded by Snyder and carried by unanimous vote of the Council. E. APPOINTMENTS TO THE PROMOTION COMMITTEE TO FILL VACANCIES CREATED BY THE EXPIRATION OF TERMS OF ELIZABETH GREEN AND GROVER NOBLES, AND VACANCY CREATED BY THE RESIGNATION OF STEVE WARSH. Councilman Crites moved to, by Minute Motion: 1) Hold in abeyance any appointments to the Promotion Committee pending discussions relative to the functions of this committee; 2) appoint Mr. Grover Nobles to the Sister City Committee. Motion was seconded by Kelly and carried by unanimous vote. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 1993 * * * * * * * * * * * * * * * * * * * * * * s * s * * * * * * * * * * * * * XVIII. PUBLIC HEARINGS A. REOUEST FOR CONSIDERATION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A 20-ACRE MULTI -USE, PAY FOR PLAY RECREATION FACILITY ON THE SOUTHEAST CORNER OF FRANK SINATRA DRIVE AND PORTOLA AVENUE (RONALD ODEKIRK, APPLICANT). Mr. Diaz stated that this matter had been scheduled for a public hearing at this time in hopes of getting rapid resolution on the development following the Planning Commission hearing of September 7th. He said the Planning Commission wokild be reviewing the matter again on September 21st, and he recommended that the Council close the public hearing and take no action at this time. He also recommended that Council allow the matter to be handled by the Planning Commission as a normal Planning Commission matter which can then be called up or appealed to the Council. Councilman Kelly stated he had attended the Planning Commission meeting and said he agreed with staffs recommendation. Councilman Kelly moved to, by Minute Motion, take no action on this item and refer the matter to the Planning Commission for decision. Motion was seconded by Benson and carried by unanimous vote. B. REOUEST FOR CONSIDERATION OF THE DISPOSITION OF AGENCY -OWNED PROPERTY IN THE NORTH SPHERE (JOINT MATTER WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Ortega reviewed the staff report, noting that this was a joint City Council/Redevelopment Agency public hearing. He said the purpose of the hearing was to receive public comments or opinions as to whether the Agency should dispose of certain property acquired in 1990. He said the Agency was in the process of negotiating the purchase of additional property, and one of the negotiations in the purchase was the trade of property previously purchased by the Agency. He noted that both the staff report and legal notice included the legal descriptions of the parcels to be traded and that they comprised 383 acres. He offered to answer any questions. Councilman/Member Kelly moved to: 1) Waive further reading and adopt Resolution No. 93-87 approving the disposition of the property described; 2) waive further reading and adopt Resolution No. 287 approving the disposition of the Agency -owned property. Motion was seconded by Snyder and carried by unanimous vote. Subsequent to Closed Session, Member Kelly moved to, by Minute Motion, authorize the Chairman to execute an exchange agreement (fiR07890) and a purchase and sale agreement (tR07900) for property located at the northeast corner of Frank Sinatra and Cook Street. Motion was seconded by Crites and carried by unanimous vote. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETLNG SEPTEMBER 9, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Upon motion by Crites, second by Kelly, and unanimous vote of the Council, Mayor Benson adjourned the meeting at 7:15 p.m. ATTEST: SHEILA R. G1LIXGAN, CITY- LERK CITY OF PALM DESERT, C1(LIFORNIA /11, AN M. BENSON, MAYOR 15