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HomeMy WebLinkAbout1996-02-22MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, FEBRUARY 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Snyder convened the meeting at 4:15 p.m. H. ROLL CALL Present: Councilmember Jean M. Benson Councilman Buford A. Crites (left the meeting at 6:00 p.m.) Mayor Pro-Tempore Richard S. Kelly (arrived at 6:35 p.m.) Councilman Robert A. Spiegel Mayor Walter H. Snyder Also Present: Ramon A. Diaz, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, Director of Community Affairs/City Clerk Carlos L. Ortega, RDA Executive Director Richard J. Folkers, ACM/Director of Public Works John Wohlmuth, ACM/Director of Administrative Services Paul S. Gibson, Finance Director/City Treasurer Wayne Ramsey, Director of Code Compliance Phil Drell, Acting Director of Community Development Mary P. Gates, Deputy City Clerk III. ORAL COMMUNICATIONS - A MS. GAIL PEPARIAN, 72-343 Sommerset Drive, Palm Desert, stated she was a fairly new resident and asked whether the City intended to pursue televising its City Council meetings. She said she thought about the new communications act which might be an opportunity to try a pilot program with the local cable company and do live interactive to see if people will be more responsive to government if they can watch it from home. She said she was very interested in this MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * and had served as chair of cable television advisory committees in other cities and had a background in television production. Mayor Snyder stated that staff would look into this matter and prepare a report for the Council. MR. DENNIS CUNNINGHAM, representative of the Building Industry Association and President of the local chapter, 45-540 Desert Fox Drive, La Quinta, spoke regarding the Desert Rose project. He said there was a comment made by Mr. Ortega in an article that appeared in the February 19th issue of the Desert Sun relative to the White Report that "The Department of Real Estate details the scope and makeup of the project to ensure developers don't rip people off." He said he hoped that was a misquote because he did not want to have negative barbs being pushed towards the building industry or the City. He said another comment in the article was made by Ms. LaRocca that the project was "on the cutting edge." He said he felt there was a myriad of projects within the nation that information could be brought together to be able to build a successful project. He said he was not here to beat on the City to say it was doing a terrible job, and he felt the City would be able to work through this and that it would come to a good end. MR. ED KIBBEY also spoke as a representative of the Building Industry Association relative to the Desert Rose project and expressed dismay as an industry in that this is being accomplished by people and organizations outside the Coachella Valley. He said when one of his members heard there were some potential problems with Desert Rose, he arranged a meeting with that member and a member of the City Council to try to offer his expertise and assistance. He was told that staff would get back to him with information, and that never came about. Now it has been reported in the newspaper that management of the project has been given to someone outside the Valley. He expressed concern with this and asked that the dollars be kept in the Valley whenever possible. Mr. Diaz stated that the City was doing as much as possible to keep dollars in the Valley, and he asked Mr. Ortega to address that issue as far as how many people on that site were local. Mr. Ortega stated that when the project began, the property was not owned by the City, the construction loan was a private loan between First Interstate Bank and the private party, and a local non-profit was ultimately put in place on the project. Even if the City had a policy directing that local contractors be used, we could not have done so because it was private. He said the builder was told that the City wanted to see a lot of effort being put in to the hiring of local contractors. He said he had a copy of all the subs on the project, and the bottom line was that most of the contractors providing labor were local with the exception of some items such as purchase of equipment. Even though we had no legal means to force anything, the contractor did try to use local labor. He gave a copy of the subs list to Mr. Kibbey. Councilmember Benson added that when the management contract was awarded there was only one local person, and the cost was much higher for the local firm than for the one qualified to do this type of housing. She said the Council specifically asked whether there were any local bids, and the local one was outrageous. 2 MINUTES _ REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites stated that it was almost double, and he was sure neither the BIA nor the Desert Contractors would want the City to pay double just to keep the money local. With regard to the management company, Mr. Ortega stated that the City wanted to keep this project a private construction as much as possible. He said the City had Security Pacific provide a letter of credit in the construction loan; however, one of the conditions of the letter of credit was that they could basically tell the City who they felt was or was not providing proper management of the project. He said staff heeded the advice of the gentleman they spoke with as a representative of the BIA and, as a result of that, obtained a letter from First Interstate that advised in their opinion we needed to change managers. He said they recommended the manager that was ultimately hired, but this was not done without first looking at someone locally. With regard to the person sent to the City by Mr. Kibbey, Councilman Crites stated that it was in part because of that input that the City went to the bank to discuss changing and ended up making that change. He said that individual indicated he did not wish to be part of a future contract for running it or having anything to do with it. Mr. Kibbey stated it was because of the newspaper that this discussion needed to be had so that everyone here knew that the City had done this. He said he personally felt this type of discussion was very positive and that he was very glad this information was presented. IV. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of February 8, 1996. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 34 and 35. Rec: Approve as presented. C. TREASURER'S MONTH -END INVESTMENT REPORT as of January 31, 1996. Rec: Receive and file. D. MINUTES of Palm Desert Police Advisory Committee Meetings of November 8 and December 13, 1995. Rec: Receive and file. E. MINUTES of Investment & Finance Committee Meeting of December 7, 1995. Rec: Receive and file. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * F. MINUTES of Investment & Finance Committee Meetings of January 4 and January 24, 1996. Rec: Receive and file. G. REOUEST FOR APPROVAL of Mid -Year Budget Review for Fiscal Year 1995/96. Rec: Waive further reading and adopt Resolution No. 96-15 amending the Fiscal Year 1995/96 budget for mid -year adjustments. H. REOUEST FOR APPROPRIATION for Production of a Map of the Civic Center Park. Rec: By Minute Motion, approve the request and appropriate $3,000 from the Unobligated General Fund Reserve to Account No. 110-4418-414-3025 for the production of a map of the Civic Center Park. I. REOUEST FOR AUTHORIZATION for Environmental Conservation Manager to Attend an Out -of -State BioCycle West Coast Conference March 6-8, 1996. Rec: By Minute Motion, authorize out-of-state travel for one person to attend the BioCycle West Coast Conference in Seattle, Washington, March 6 through March 8, 1996. J. REOUEST FOR APPROVAL of Final Parcel Map 28291 (Larry Ditchkus and Kenneth Stemmer, Applicants). Rec: Waive further reading and adopt Resolution No. 96-16 approving Parcel Map 28291. K. REOUEST FOR AWARD OF BID for Purchase of 3/4 Ton Utility Van. Rec: By Minute Motion, award the bid for a 3/4 ton utility van to Person Ford of La Verne in the amount of $17, 840.87. L. REOUEST FOR AWARD OF BID for Purchase of 6-Yard Dump Truck. Rec: See Section VII, Consent Items Held Over, for Council action on this item. M. REOUEST FOR APPROVAL of Change Order No. 1 to Contract No. C10240 - Gerald Ford Drive (Project No. 667-95). Rec: By Minute Motion: 1) Approve Change Order No. in the amount of $6,634.05; 2) authorize the transfer of $6,634.05 from contingency to base. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * N. REOUEST FOR APPROVAL of Participation with the Coachella Valley Water District in the Design, Construction, and Project Administration Costs for the South Cliff Road Inlet Storm Drain to Palm Valley Channel (Contract No. C 10910). Rec: By Minute Motion: 1) Approve participation with the Coachella Valley Water District (CVWD) in fifty percent of design, construction, and project administration costs in an amount not to exceed $19,740.00; 2) authorize the appropriation of $19,740.00 from Account No. 420-4690-433-4001. O. REOUEST FOR APPROVAL of Charitable Contributions/Outside Agencies Committee Recommendations for Funding. Rec: By Minute Motion: 1) Approve the Charitable Contributions/Outside Agencies Committee recommendations for funding in accordance with the 19595/96 budget for the Coachella Valley Child Care Council; 2) authorize the Mayor to execute the agreement between the City and the Coachella Valley Child Care Council. P. MINUTES of Economic Development Advisory Committee Meeting of November 16, 1995. Rec: Receive and file. Q. CONSIDERATION of Letter from The Pitahaya Street Community Relative to Leaf Blowers. Rec: Refer to staff for report and recommendation. Councilman Spiegel asked that Item L be removed and held for separate discussion under Section VII, Consent Items Held Over, of the Agenda. Upon motion by Crites, second by Spiegel, the remainder of the Consent Calendar was approved as presented by unanimous vote of the Council. V. RESOLUTIONS None VI. ORDINANCES For Introduction: None For Adoption: None 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VII. CONSENT ITEMS HELD OVER L. REOUEST FOR AWARD OF BID for Purchase of 6-Yard Dump Truck. Upon question by Councilman Spiegel, Mr. Folkers stated that this was not really a replacement vehicle but that the City needed to have a larger unit with the capability of handling six yards of materials. He added that staff was trying to get rid of older equipment that was smaller and had high mileage. Councilman Spiegel moved to, by Minute Motion, award the bid for a 6-yard dump truck to Fuller Ford of Chula Vista in the amount of $45,467.26. Motion was seconded by Crites and carried by unanimous vote. VIII. NEW BUSINESS A. REOUEST FOR APPROVAL OF PLANTERS AT THE CIVIC CENTER ENTRANCE. Mr. Diaz noted the report in the packets and offered to answer any questions. Councilmember Benson moved to, by Minute Motion: 1) Authorize staff to proceed with the described entry treatment; 2) appropriate $5,000.00 from the Unobligated Reserves Fund Account No. 400- 4691-433-4001 for the planters and materials. Motion was seconded by Spiegel and carried by unanimous vote. B. REOUEST FOR CONSIDERATION OF AGREEMENT FOR REVENUE AND BUSINESS LICENSE CONSULTING SERVICES WITH MUNICIPAL RESOURCES CONSULTANT (MRC) (Contract No. C 10920). Mr. Diaz noted the report in the packets and stated that Mr. Ramsey was available to answer any questions. Councilman Spiegel asked whether this could be used for business retention purposes, and Mr. Ramsey responded that it could and that it was a multi -faceted system that was more comprehensive than the City's current system. Councilman Spiegel noted that people might be interested in the fact that since 1988, Municipal Resource Consultant (MRC) had generated $934,138 in new sales and use tax revenue for the City of Palm Desert. Councilman Spiegel moved to, by Minute Motion, approve the amended agreement between the City and MRC to continue existing services provided by MRC and to add BLIS, GRIP, and MRC's Revenue Enhancement Audits. Motion was seconded by Benson and carried by unanimous vote. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. PRESENTATION BY MR. TERRY GREEN RELATIVE TO UNIVERSITY OF CALIFORNIA RIVERSIDE'S FUTURE IN THE VALLEY. Mr. Green reported on the future of this facility in the Coachella Valley and offered to answer any questions. D. INFORMATIONAL ITEMS: 1. Report on Senior T.V. Mr. Ray Janes, Management Analyst II, reviewed the staff report, noting that Senior T.V. was a non-profit organization, based in Indian Wells, which produced short length feature shows for seniors. He noted that this organization owned video equipment but was requesting $25,000 to purchase its own audio equipment. This was partially due to the organization's experience with Continental Cablevision which was to provide the use of equipment, training, and studio time to non-profit organizations under the Public, Educational, and Governmental (PEG) requirements of the franchise agreement. However, studio times provided by Continental were inconvenient (i.e., 11:00 p.m.), the equipment was inaccessible, and the training was very limited. He said it was staffs recommendation that the City purchase the equipment and loan it to Senior T.V. That way, the City would retain ownership and could use the equipment if needed for other things. Councilman Crites stated that Continental Cablevision may or may not be technically living up to its franchise agreement; however, it sounded to him like they were doing everything they could not to be good neighbors. He asked what leverage the City had in this case. Mr. Janes responded that a letter had been sent to General Manager Steve Merritt requesting that he consider "cashing out" of their PEG obligations option in exchange for the $25,000, and he had until Friday, February 23rd, to respond to the request with a mutually satisfying PEG action plan. Mr. Wohlmuth stated that staff and the City Attorney had met with Continental Cablevision relative to this situation and said this could be a continual fight with regard to PEG requirements as there are no specifics in the franchise agreement that they have to provide relative to studio times, types of training, or hours of training. One option the Council might wish to consider would be to continue this item and have it brought before the Charitable Contributions Committee. He said this had been discussed with the Joslyn Cove Senior Center, and he believed they had committed to space within the Senior Center. He said perhaps something could be worked out where the City could purchase the equipment, loan it to Senior TV, and have them provide the community Senior T.V. programming they wish to provide. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Diaz stated that staff's recommendation would be to look at this through the Charitable Contributions Committee to provide the necessary equipment. He suggested that staff also sit down and have discussions with Continental Cablevision relative to exactly what the wording of the franchise agreement is and what it actually means to see if an understanding can be reached. He added that staff would come back to the Council next month with a report. Councilmember Benson stated she had no problem with this matter going to the Charitable Contributions Committee; however, she felt since there were three cities involved, Palm Desert should not have to be solely responsible for getting that equipment. Councilman Spiegel agreed and stated that the memorandum suggested that funding be requested from the City of Indian Wells because this is where the group is based. Councilmember Benson said she felt this should go to the JPA of the Senior Center since this is a three city project. Mr. Diaz responded that staff would handle the situation in that manner if Council wishes. Councilman Spiegel moved to continue the matter. Councilman Crites seconded the motion and said he understood Council's direction was to have the JPA of the Senior Center look at this and that staff needed to have a frank visit with Mr. Steve Merritt of Continental Cablevision on this issue. With regard to this matter coming back to Council, Mr. Erwin asked that it be listed on an Agenda as an action item as opposed to an informational item. MRS. JANET UNDERWOOD, Senior T.V., addressed the Council and said the City of Indian Wells had renegotiated its franchise agreement with Continental Cablevision within the past year and gave up a lot of its options in that agreement. She said the only option it still retained was the access channel. The City of Indian Wells had requested that Senior T.V. put in a proposal for funding approximately two years ago. The City then changed the way it distributed monies for CDBG funding, and Senior T.V. was caught in the middle. She agreed that the three cities had a vested interest in Senior T.V. and the seniors of the Coachella Valley, since members of Senior T.V. live all over the Valley and the Valley benefits from it. Mayor Snyder asked that staff put together a report relative to this situation so that he can take it to the next meeting of the Cove Communities Services Commission for its consideration. Councilman Crites moved to continue this matter to an unspecified time. Motion was seconded by Spiegel and carried by unanimous vote. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2. Update on Interchanges: a. I-10/Washington Street b. I-10/Cook Street c. I-10/Monterey Avenue Mr. Folkers updated the Council of the status of these three projects. IX. CONTINUED BUSINESS None X. OLD BUSINESS A. REOUEST FOR CONSIDERATION OF 22ND YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG). Mr. Diaz noted the report and recommendation in the packets. Councilman Crites expressed concern that there was no detailed written documentation provided relative to the criteria used to approve some requests for funding and to deny others. Councilmember Benson questioned the recommendation to approve funding for the Barbara Sinatra Children's Center when this organization has the capability of much fund raising. She said she would like to see that amount shifted to Shelter from the Storm which is less able to raise funds. Councilman Crites stated that he would like to have more information on all of the requests and why staff was recommending or not recommending funding. Councilman Crites moved to continue this matter to the next meeting and direct staff to prepare a report detailing the criteria used to select organizations for funding. Motion was seconded by Benson and carried by unanimous vote. B. REOUEST FOR CONSIDERATION OF AMENDMENT TO THE BYLAWS OF THE POLICE ADVISORY COMMITTEE RELATIVE TO ESTABLISHMENT OF TERMS FOR ITS MEMBERS. Mr. Diaz noted the report and recommendation in the packets. Councilman Spiegel moved to, by Minute Motion, amend the bylaws of the Police Advisory Committee to establish length of terms for members. Motion was seconded by Crites and carried by unanimous vote. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. REOUEST FOR CONSIDERATION OF LIBRARY OPERATIONS AND SUPPLEMENTAL FUNDING THROUGH JUNE 30, 1996. Mr. Diaz noted the report in the packets. He stated that the present Portola Library would be closed beginning March 5, 1996, and the process to move to the new facility would begin and would take approximately six weeks. Councilman Crites said he felt when the County library funding was approved by the Board of Supervisors, the County Librarian did the City of Palm Desert a disservice in not supporting the funding for the City of Palm Desert to open the new library and instead said it should wait until the new fiscal year. He said the City was promised by its County Supervisor that when it got ready to open the new library, the Board would consider unfreezing those funds. He said he was curious to see if the County would actually consider that and whether the County Librarian would be supportive this time. MS. BARBARA BOWIE stated that in terms of the date to begin operation in the public library portion of the new multi -agency facility, the information she was given was that the date would not be until after July 1, 1996. Councilman Crites said what he was hearing was that the County Librarian did not intend to be supportive of our funding. He asked if she intended to be on board with a recommendation that the funding that she recommended be cut now be restored. Ms. Bowie stated that she could not answer that. Mr. Diaz stated that staff would be talking with the Supervisor and the Library people. He said although it might appear otherwise, the County Librarian had been supportive of this facility and had been supportive of the City from the beginning. Councilman Crites stated that the County Librarian had been supportive when talking to the City; however, when the matter was before the Board, our Supervisor advised that the County Librarian was not supportive. Mr. Diaz stated that the opening of the Library was scheduled for the 19th, and this issue would be taken care of before that date. Ms. Bowie stated that the amount indicated in the staff report would maintain the level of service as it is now for Palm Desert and Palm Desert Country Club. She said if the Council did not take action to approve the requested funding at this meeting, layoff notices would have to be given to employees. Councilman Spiegel moved to, by Minute Motion, authorize the expenditure of $30,000.00 from the Unobligated Reserve Fund Account No. 110-4800-454-3880 to maintain the current level of Library hours through June 30, 1996. Motion was seconded by Crites and carried by unanimous vote. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites stated that he would appreciate staff going after this issue because it appeared to be the County Librarian's choice that our funding was not approved. XI. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY Mr. Erwin noted that there were two items that needed to added to the Agenda for discussion: 1. Formation of a Library Foundation. Councilman Crites moved to add item #2 to the Agenda relative to formation of a Library Foundation. Motion was seconded by Benson and carried by unanimous vote. Mr. Erwin reviewed the report. Upon question by Councilman Spiegel, he said the members of the Foundation would be designated by the City Council. Councilman Crites stated that he would like any approval to be contingent upon receiving letters of support for this idea from our partners, College of the Desert and Friends of the Library. Ms. Barbara Bowie stated that this was looking towards the future. As it stands right now, any money that comes in, if we are going to use endowments or that type of thing, we have two options: 1) the money can be put into the College of the Desert Foundation which supports the College of the Desert library; 2) the money can be put into the Riverside Community Foundation and make use of it that way. She said this was to do fund raising for the Palm Desert Public Library. She asked if Councilman Crites' request was because he wanted to make sure this was alright with the College of the Desert and Friends of the Library or if wanted them to be included in this foundation. Councilman Crites responded that he wanted to make sure they knew about the foundation and that they were comfortable with it. He said this is the same as when they go off to do something, and the City wants to know about it and make comments on it. He said he was looking at long-term goodwill with the existing College Foundation that raises money for its library and that it was not a negative comment about doing this. Ms. Bowie added that this would keep the money in Palm Desert. Mayor Snyder asked if a letter could be created to be sent to the College of the Desert and Friends of the Library and have them sign off on it. Ms. Bowie agreed that it could be done. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites moved to, by Minute Motion, authorize staff and the City Attorney to form a Library Foundation known as the Palm Desert Library Foundation or such other appropriate name, contingent upon receipt of correspondence from College of the Desert and Friends of the Library indicating their approval. Motion was seconded by Spiegel and carried by unanimous vote. 2. Amendment to Agreement with Arbor Web. Councilman Crites moved to add this item to the Agenda for discussion. Motion was seconded by Spiegel and carried by unanimous vote. Mrs. Gilligan noted the existing contract with Omar Sbitani of Arbor Web for production of the City's web site. She said the purpose was to go out into the business community and sell pages at a reasonable price, and this amendment would allow the City to continue with Mr. Sbitani and not have a break in the production schedule. She noted that the Promotion Committee had met on Tuesday and had voted unanimously to recommend approval of this amendment. She added that the amendment had been prepared by City Attorney Dave Erwin and Internet Subcommittee Member Jim Ferguson who was available to answer any questions. Councilmember Benson noted that Mr. Ferguson had given an excellent report to the Promotion Committee and it was unanimously received. Mrs. Gilligan noted that there had been several changes made to the amendment since it was distributed to the Council. Mr. Ferguson stated that the changes made were all nonsubstantive. One change was to add in the specific contract number that we are incorporating by reference as Exhibit "A". Another change was to add the date of July 13, 1995, as when it was executed, not "February —, 1996" as shown on the draft. The only other changes were stylistic changes. Councilman Spiegel moved to, by Minute Motion, approve the amendment to Contract No. C10130 with Arbor Web for additional services to sell pages on the City's WEB site to the business community. Motion was seconded by Benson and carried by unanimous vote. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Erwin noted the following items for Closed Session as listed on the Agenda and asked that Council consider them at an appropriate time: Conference with Legal Council - Existing Litigation pursuant to Section 54956.9 (a): 1) City of Palm Desert v. REFCO Capital Corp., et al, U.S. District Court, Central District of California, Case No. CV 92-7631-RJK. Conference with Legal Counsel - Anticipated Litigation pursuant to Government Code Section 54956.9: Significant exposure to litigation pursuant to subdivision (b): Number of potential cases: 2 Public Employment pursuant to Section 54957 Title of Position: City Manager C. CITY CLERK Mrs. Gilligan reported that she had been notified by the Palm Desert News Bureau that Economic Development Manager Paul Shillcock would be interviewed on a program called Straight Talk this Sunday, February 25, 1996, on KESQ Channel 3 at 11:00 a.m. She said he would be discussing economic development and fuel cell technology. D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: None o City Council Committee Reports: None XII. ORAL COMMUNICATIONS - B None Councilman Crites moved to adjourn the meeting at 5:40 p.m. to Closed Session. Motion was seconded by Spiegel and carried by unanimous vote. Mayor Snyder reconvened the meeting at 7:00 p.m. 13 MINUTES - - REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTE: COUNCILMAN CRITES WAS ABSENT FROM THE 7:00 P.M. PORTION OF THE MEETING. COUNCILMAN KELLY ARRIVED AT 6:35 P.M. AND WAS PRESENT AT THE 7:00 P.M. PORTION OF THE MEETING. XIII. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XIV. ORAL COMMUNICATIONS - C JUDGE ARNOLD H. EINBINDER, Retired, 549 Desert Falls Drive East, Palm Desert, inquired as to the status of the Redevelopment Agency's agreement with the Odekirks relative to the Sportspark. Mr. Ortega noted that as discussed in the earlier Redevelopment Agency meeting, there was no binding agreement at this time. He said the developers had not signed the agreement and had not abided by the Agency's conditions relative to deposit of funds. Upon further question by Judge Einbinder, Mr. Erwin responded that it was public record that the condition had not been complied with, and he said he would be reluctant to have this body, as the Redevelopment Agency, sign the agreement and accept the check without going through a substantial public hearing process. Judge Einbinder asked whether he could believe that unless and until something comes before the Council with regard to another agreement for other use of the premises located at the southeast corner of Gerald Ford and Cook, nothing will happen. Mr. Erwin responded that that was his best guess and opinion. MRS. DEBBIE BYK, 57 Birdie Way, Palm Desert, asked whether she could go back to her community and say the sportspark is a dead issue. Mr. Erwin responded that he believed that was what was said this afternoon. He said the matter was not listed on the Agenda and that it came up under Oral Communications by someone as a member of the construction team. The question was asked of Mr. Ortega as to the status, and the status was that no agreement had been signed. Although a check was submitted, it was not in compliance with conditions as set forth by the Redevelopment Agency. Mrs. Byk asked whether the project had come to a complete halt, and Mr. Erwin responded that, by its own terms, the conditions had not been fulfilled, and it was dead. XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT TO THE SISTER CITIES COMMITTEE. Councilmember Benson moved to, by Minute Motion, appoint Ms. Carol McGrew to the Sister Cities Committee. Motion was seconded by Kelly and carried by unanimous vote. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CONSIDERATION OF APPOINTMENTS TO THE POLICE ADVISORY COMIvu i (Continued from the Meeting of February 8, 1996). Councilman Spiegel moved to continue this matter to the meeting of March 14, 1996. Motion was seconded by Benson and carried by unanimous vote. XVI. PUBLIC HEARINGS A. REOUEST FOR CONSIDERATION OF COMMERCIAL PARKING ORDINANCE. Mr. Diaz noted the report in packets and stated that Mr. Ramsey was available to answer any questions. Mr. Ramsey reviewed the report, noting a change to the wording of the ordinance. He said Section 10.98.010 should read as follows: "No person shall park a commercial vehicle having a manufacturer's gross vehicle weight rating of 10,000 pounds or more on any street in Qi immediately adjacent to an area zoned residential." (Underlined words are those that were added by Mr. Ramsey.) Mayor Snyder declared the public hearing zrdi and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered, and he declared the public hearing closed. Councilmember Benson moved to waive further reading and pass Ordinance No. 793 to second reading, regulating the parking of commercial vehicles, amended to reflect additional wording as described by Mr. Ramsey. Motion was seconded by Spiegel and carried by unanimous vote. XVII. ORAL COMMUNICATIONS - D None XVIII. ADJOURNMENT Upon motion by Spiegel, second by Benson, and unanimous vote of the Council, Mayor Snyder adjourned the meeting at 7:15 p.m. ATTEST;' SHEILA R. GILLItAN, D CITY OF PALM DESERT, .6414.r& WALTER H. SNYDER, MAYOR FOR OF COMMUNITY AFFAIRS IFORNIA 15