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HomeMy WebLinkAbout1986-06-26MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING THURSDAY, JUNE 26, 1986 CIVIC CENTER COUNCIL CHAMBER • • • • • • • • • I. CALL TO ORDER Mayor Kelly convened the meeting at 4:05 p.m. II. PLEDGE OF ALLEGIANCE - Mayor Richard S. Kelly 1II. INVOCATION - Councilman S. Roy Wilson IV. ROLL CALL Present: Excused Absence: Councilmember Jean Benson Councilman Walter H. Snyder Councilman 5. Roy Wilson Mayor Richard S. Kelly Also Present: Mayor Pro-Tem Phyllis Jackson Bruce A. Altman, City Manager Carlos Ortega, Assistant City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk/P.1.O. Kirby J. Warner, Director of General Services Ramon A. Diaz, Director of Community Services Richard J. Folkers, Director of Public Works V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of June 12, 1986, and the Adjourned Meetings of June 13 and June 17, 1986. Rec: Approve as presented. MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JUNE 26, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 86-116, 86-118, and 86-121. Rec: Approve as presented. C. MINUTES of the Building Board of Appeals and Condemnations Meeting of May 8, 1986. Rec: Receive and file. D. REQUEST FOR APPROVAL of Contract #00-001-2 with Davis & Associates for Advertising and Promotional Services for Fiscal Year 1986/87. Rec: By Minute Motion, approve the contract and authorize the Mayor to execute same. E. REQUEST FOR AWARD OF ENGINEERING SERVICES CONTRACT #00-138 for Greene Way Road Extension. Rec: By Minute Motion: 1) Authorize the Mayor to enter into a contract with Joseph Cicchini for engineering services in the amount of $9,100 for the subject project. 2) Appropriate $9,100 from the Unobligated Capital Street Reserves. F. NOTICE OF COMPLETION for Joshua Road Storm Drain (Contract No. 1083) Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion for the Joshua Road Storm Drain contract. G. NOTICE OF COMPLETION for Traffic Signal Installation at El Paseo/San Luis Rey and El Paseo/San Pablo Avenue (Contract No. 1096). Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion for the subject project. 2 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JUNE 26, 1986 H. REQUEST FOR APPROVAL to Advertise and Call for Bids for Monterey Avenue Storm Drain (Contract No. 00-125). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject contract. I. RESOLUTION NO. 86-65 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ACCEPTING CERTAIN REAL PROPERTY INTO THE CITY STREET SYSTEM. Rec: Waive further reading and adopt Resolution No. 86-65, accepting a portion of Portola Avenue into the City street system. J. RESOLUTION NO. 86-66 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ACCEPTING CERTAIN REAL PROPERTY INTO THE CITY STREET SYSTEM. Rec: Waive further reading and adopt Resolution No. 86-66, accepting a portion of Magnesia Falls Drive into the City street system. K. RESOLUTION NO. 86-67 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DESIGNATING A PORTION OF RIGHT-OF-WAY KNOWN AS SILVER SPUR TRAIL AS A NO PARKING AREA. Rec: Waive further reading and adopt. L. RESOLUTION NO. 86-68 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION, TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 1986, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. Rec: Waive further reading and adopt. 3 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JUNE 26, 1986 • • • • • • • • • • • • • • • • • • • • • ., • • • M. RESOLUTION NO. 86-69 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 1986, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE. Rec: Waive further reading and adopt. N. RESOLUTION NO. 86-70 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 4, 1986. Rec: Waive further reading and adopt. Councilman Wilson asked that Items E and K be removed for further discussion. Mayor Kelly asked that Item A be removed from the Consent Calendar for further discussion. Upon motion by Wilson, second by Benson, the Consent Calendar, with the exception of Items A, E, and K, was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A MR. JUAN LOPES, 85-436 Cairo, Coachella, addressed the Council relative to alleged racial discrimination at the Red Onion restaurant in the Palm Desert Town Center. He felt the Council should be able to do something to stop this practice. Upon question by Mayor Kelly, Mr. Erwin advised the Council that although current California law does give the City Attorney the authority to enforce the Civil Rights Act, primary enforcement is left to the Attorney General, with the second level of enforcement being the District Attorney of the County of Riverside. He stated he had contacted the District Attorney's office and indicated that the City was willing to cooperate in any manner and with any resources necessary to ensure that this does not occur in Palm Desert. He added that while his office was not equipped to handle the investigation 4 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JUNE 26, 1986 • • • • • • • • • • • • • • • • • • • • • - • -- • • • of this matter, both the District Attorney's office and the Attorney General's office were able to do so. Councilmember Benson moved to send a letter to the Attorney General's Office, signed by the Mayor, stating that the City does not condone the practice of discrimination and will assist in all efforts to resolve the problem. Motion was seconded by Wilson and carried by unanimous vote. With Council concurrence, Mr. Ortega was directed to work with the City Attorney and the Attorney General's office and keep the Council informed and updated on the progress of this situation. MR. LARRY BEVINGTON of Crawford, O'Bryant 8 Bevington, Inc., 720 S. Ramona Avenue, Suite 104, Corona, California, addressed Council and stated that he was a consulting engineer and that his client had a project that would be affected by the action on Item G under New Business. He asked if he would be allowed to make comments when this item was before the Council. Mayor Kelly assured Mr. Bevington that he would be allowed to speak at that time. VII. RESOLUTIONS None VIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 465 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING TITLE 27, GRADING, OF THE CITY MUNICIPAL CODE. Mr. Altman stated that this ordinance had been introduced at the previous meeting and recommended its adoption. Upon motion by Snyder, second by Wilson, Ordinance No. 465 was adopted by unanimous vote of the Council. 5 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JUNE 26, 1986 a • • • • • • • • • • • • • • • • • • • * • • • • B. ORDINANCE NO. 467 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF THE MUNICIPAL CODE RELATIVE TO ESTABLISHING NEW SPEED ZONES. Mr. Altman stated that no input had been received since first reading of this ordinance. He recommended its adoption. Upon motion by Benson, second by Snyder, Ordinance No. 467 was adopted by unanimous vote of the Council. IX. CONSENT ITEMS HELD OVER A. MINUTES of the Regular City Council Meeting of June 12, 1986, and the Adjourned Meetings of June 13 and June 17, 1986. Rec: Approve as presented. Mayor Kelly asked that the Minutes of June 13, 1986, be amended to show that staff was directed to schedule the• use of the City's 1987/88 Community Development Block Grant funds for the Riverside County Coalition Against Domestic Violence in the amount of the requested $11,600, provided the use qualifies for those funds. Council concurred and approved the minutes of June 12, June 13 as amended, and June 17, 1986. E. REQUEST FOR AWARD OF ENGINEERING SERVICES CONTRACT #00-138 for Greene Way Road Extension. Upon question by Councilman Wilson, Mr. Folkers reviewed the staff report in detail, noting that the engineering costs would be repaid with the formation of an assessment district. He offered to answer any additional questions. Councilman Snyder asked what had happened with the easement given by the Coachella Valley Water District to allow residents access to their property. Mr. Folkers responded that staff would look into this matter. Councilman Wilson moved to, by Minute Motion: 1) Authorize the Mayor to enter into a contract with Joseph Cicchini for engineering services in the amount of $9,100 for the Greene Way road extension; and 2) Appropriate $9,100 from the Unobligated Capital Street Reserves, with the understanding that staff would check with the Coachella Valley Water 6 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JUNE 26, 1986 • • • • • • • • • • • • • • • • • • • • t • • • • District relative to the easement they had given to allow residents in that area access to their property. Motion was seconded by Benson and carried by unanimous vote. K. RESOLUTION NO. 86-67 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DESIGNATING A PORTION OF RIGHT-OF-WAY KNOWN AS SILVER SPUR TRAIL AS A NO PARKING AREA. Mayor Kelly stated his concern that citizens involved should be notified that the City was doing things such as this and that he had spoken with a resident who had not been notified of this designation. Councilman Wilson stated this was his concern also. Councilman Snyder moved to continue this item to the meeting of July 10, 1986. Motion was seconded by Wilson and carried by unanimous vote. X. NEW BUSINESS A. REQUEST BY FOXX AND ASSOCIATES FOR APPROVAL OF A SPECIAL PERMIT TO ERECT A 32 SQUARE FOOT (4' x 8') LEASE POTENTIAL SIGN FOR GALLERIA PHASE II. Mr. Diaz reviewed the staff report and recommended that this request be denied. Mr. Jim Foxx, owner of the Galleria, showed the Council what the proposed sign would look like. He stated that although the sign was larger than was permitted, he had tried to change from having a sign full of writing to one that was more artistic and decorative. He added that, with Council approval, he would install temporary landscaping around the sign and along the street. Upon question by Mayor Kelly, Mr. Foxx responded that there was not currently a sidewalk in that area. He added that a permanent sidewalk installed now would probably sustain some damage during construction but that a temporary one might work. Councilman Snyder stated that staff's recommendation was to deny the sign because it would not comply with the sign ordinance. In order to approve something that does not comply, there must be extenuating circumstances, and he did not feel that was the case here. 7 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JUNE 26, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Wilson stated he understood that, but the installation of a temporary sidewalk and landscaping might enhance that area. Upon question by Councilmember Benson, Mr. Diaz responded that a 32 foot sign would be permitted once construction begins based on the number of acres. Councilman Wilson moved to approve the request for a special sign, with the following conditions: 1) installation of a temporary sidewalk; 2) installation and maintenance of temporary landscaping; and 3) if a precise plan is not approved within four months, the sign will be removed. Motion was seconded by Snyder and carried by unanimous vote. B. REQUEST FOR APPROVAL OF EXTENSION OF LANDSCAPE MAINTENANCE CONTRACT (#00-045-1) FOR COOK STREET AND COUNTRY CLUB DRIVE MEDIANS. Mr. Altman reviewed the staff report and recommended approval. Councilman Wilson moved to, by Minute Motion, authorize a one-year extension of the contract with Vista Verde Landscape Co. for landscape maintenance on the Cook Street and Country Club Drive medians. Motion was seconded by Benson and carried by unanimous vote. C. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 9 FOR ASSESSMENT DISTRICT 83-1 (CONTRACT NO. 00-115-C). Mr. Folkers reviewed the staff report and offered to answer any questions. Councilman Snyder moved to by Minute Motion, approve Change Order No. 9 in the amount of $22,189.20 for Assessment District No. 83-1, Contract No. 00-115-C. Motion was seconded by Wilson and carried by unanimous vote. D. REQUEST FOR CONSIDERATION OF ZONING ORDINANCE AMENDMENT REQUIRING A CONDITIONAL USE PERMIT FOR CONVENIENCE AND LIQUOR STORES. Mr. Diaz reported that the Planning Commission, at its July 1st meeting, would consider a proposed ordinance amendment that would place a CUP requirement on all convenience stores, liquor stores, and places selling liquor for on -site consumption in all zones in the City. 8 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JUNE 26, 1986 . . . . . . . . . . . . . . . . . . . . . . . . . He recommended that the Council table this item and await the proposed ordinance from the Planning Commission. Councilman Wilson moved to, by Minute Motion, table the ordinance and await the proposed ordinance from Planning Commission which would govern said uses in all zones. Motion was seconded by Snyder and carried by unanimous vote. E. REOUEST FOR CONSIDERATION OF REFUSE DUMP FEE SURCHARGE INCREASE. Mr. Ortega reviewed the staff report, noting that an analysis dated June 6, 1986, was attached to the staff report. He added that the increase for an average family residence would be $.30 per month. Councilman Wilson moved to, by Minute Motion, approve Palm Desert Disposal's request to apply dump fee surcharges to cover cost of County dump fees in accordance with their analysis dated June 6, 1986. Motion was seconded by Benson and carried by unanimous vote. F. REQUEST FOR CONSIDERATION OF INCREASE IN REFUSE RATES FOR PALM DESERT DISPOSAL COMPANY. Mr. Ortega reviewed the staff report and recommendation. Councilmember Benson moved to, by Minute Motion, grant Palm Desert Disposal an across-the-board increase in refuse rates of 4.3% (Consumer Price Index March to March) and adopt Resolution No. 86-71, reflecting the new rates. Motion was seconded by Snyder and carried by unanimous vote. G. STAFF REPORT ON POLICIES RELATING TO APPLICATION OF SENIOR HOUSING OVERLAY OUTSIDE OF THE PALMA VILLA SPECIFIC PLAN AREA. Mr. Diaz reviewed his memorandum dated May 22, 1986, noting that it may have been assumed that the senior housing overlay was to be limited to the Palma Village area; however, that was not the case. He recommended that the City continue the present practice of reviewing projects on a case by case basis and allow senior projects outside the Palma Village area. Councilmember Benson noted that the land use element states the senior overlay shall apply within walking distance of the Senior Center, and at no time did the 9 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JUNE 26, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • Council hear that it would be applied outside of this area. Mr. Diaz responded that although the Palma Village plan does a senior overlay area within the Senior Center area, it was also intended within the housing element to allow that overlay in other areas. MR. LARRY BEVINGTON, 720 South Ramona Avenue, Suite 104, Corona, stated his client was looking at a 40 acre parcel of County land adjacent to The Lakes Country Club which he felt would be an ideal location for a senior housing facility. He submitted a proposal for a 585 unit, two-story, senior citizens center (on file and of record in the City Clerk's Office) and stated that if the project was approved by the Council, they would begin proceedings to annex this area to the City of Palm Desert. He added that he agreed supported staff's comments and offered to answer any questions. Councilman Wilson stated his concern with the figure of 50 units per acre being allowed throughout the community. He suggested that instead of limiting it to the Palm Village area staff should be directed to look at the density, try to bring it down, and urge all projects to come in at the smaller end. Mayor Kelly agreed and stated he did not feel it would be proper to restrict senior housing to only one area in the City. Councilman Snyder agreed with Councilman Wilson and stated he believed senior housing should be allowed throughout the City as long as it is compatible with the surrounding area. Councilmember Benson stated she felt the density was too high and that more realistic figures were needed. Councilman Snyder moved to direct staff to study the senior housing overlay zoning, especially as it relates to density and compatibility with surrounding areas, and bring it back to the Council with recommendations. Motion was seconded by Wilson and carried by unanimous vote. 10 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JUNE 26, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • H. REQUEST FOR AUTHORIZATION TO INCREASE CITY'S LIABILITY COVERAGE TO $5 MILLION UNDER THE JOINT POWERS INSURANCE AUTHORITY. Mr. Ortega reviewed the staff report in detail and offered to answer any questions. Councilman Wilson moved to, by Minute Motion: 1) Authorize the City to increase its self-insurance retention from $50,000 to $100,000; and 2) Authorize the additional premium to provide up to $5 million coverage. Motion was seconded by Snyder and carried by unanimous vote. XI. CONTINUED BUSINESS A. PRESENTATION OF NORTH SPHERE ECONOMIC ANALYSIS (Continued from Meeting of June 12, 1986). Mr. Altman recommended that this be continued to the meeting of July 10, 1986. Councilman Snyder moved to continue this presentation to the meeting of July 10, 1986. Motion was seconded by Benson and carried by unanimous vote. XII. XVIII. OLD BUSINESS None REPORTS AND REMARKS A. CITY MANAGER 1. WAIVER OF FEES FOR LIVING DESERT RESERVE Mr. Altman reported that a letter dated June 13, 1986, had been received from the The Living Desert Reserve requesting that the City waive all fees for the construction of their Education Center. Councilman Wilson moved to, by Minute Motion, waive all fees for construction of The Living Desert Reserve Education Center. Motion was seconded by Snyder and carried by unanimous vote of the .Council. 11 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JUNE 26, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • 2. SAGE INSTITUTE - SAN TROPEZ VILLAS Mr. Altman asked that this item be held over until the 7:00 portion of the meeting so that a representative from Sage Institute could make a presentation to the Council. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. Councilman Snyder asked the status of the letter regarding a tire burning facility in the valley and stated that CVAG had sent a letter of opposition to South Coast Air Quality Management District. Mr. Altman assured him that staff would be preparing a letter of opposition for the Mayor's signature. 2. Councilman Wilson stated his concern with the inter- section of El Paseo and Highway 111 by the Palm Desert Town Center which currently has one left turn lane from El Paseo to Highway 111 going west. He suggested converting the middle lane to allow traffic the option of going straight or turning left. This would help alleviate the congestion caused when traffic waiting to turn left backs up all the way to the Safeway entrance. Mr. Folkers stated that he would look into this matter and report back to the Council. 3. Councilman Wilson asked if the same intersection of Highway 111 and El Paseo going north could be striped so that there would be a merge lane going from El Paseo onto Highway 111 west and a right turn lane from Highway 111 onto El Paseo south. Mr. Folkers stated that staff would look into this matter and report back to the Council. 12 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JUNE 26, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • 4. Councilman Wilson stated that the medians on Highway 74 from Homestead to El Paseo were to be landscaped as part of the project to curb and gutter the frontage roads in that area. The curbs and gutters were in, but the landscaping was not. Mr. Altman stated that although the funds had been budgeted for 1985/86, there was no capacity to maintain the landscaping and, therefore, it had not been put in. He recommended that it be looked at in the fall with a report to the Council as to costs. 5. Councilman Wilson suggested that a lunch be set up with the Council and the Building Board of Appeals and Condemnation members to discuss any problems and what this board would like to know from the Council. He added that the members put in a lot of hard work, and the Council has an obligation to let them know that their efforts are very much appreciated. Mr. Altman stated that a schedule had already been planned but had been put on hold because of the budget. He suggested that this wait until the fall, and Council concurred. XVI. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. CONSIDERATION OF APPOINTMENT of Michael Grossman to Civic Arts Committee to Fill Vacancy Created by Resignation of Bea Howorth. Councilman Wilson moved to appoint Mr. Michael Grossman to the Civic Arts Committee to fill the vacancy created by the resignation of Ms. Bea Howorth. Motion was seconded by Snyder and carried by unanimous vote. Mayor Kelly recessed the meeting for dinner at 5:45 p.m. He reconvened the meeting at 7:02 p.m. XIV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None 13 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JUNE 26, 1986 • • a a • • • • • • • • • • • • • • * • • • • • a XV. ORAL COMMUNICATIONS — B MR. JOEL KIRSCHENSTEIN, 5743 Corsa Avenue, Westlake Village, California, addressed Council on behalf of Quail Contractors and San Tropez Villas regarding the imposed school impact fees. He stated that they were not asking that they not be required to pay the fees, but rather to discuss the fee itself. He said that the Desert Sands Unified School District had adopted a fee and is applying it across the board irregardless of what the development i s . He added that his firm knew of no other area where a fee was imposed on a one -bedroom unit. Mr. Kirschenstein stated that the District had made no findings of fact that illustrate that apartment units impact the schools. In addition, he noted that the developer had received no agreements for signature as required by the City's resolution and that permits had been issued without the fee. He said that because the City's resolution does not provide findings to justify the application of the full amount of the $628 fee to apartment units and because the City Council, under the resolution, had the right to vary the amount of fees for certain types of development, they were requesting recon- sideration of the impact fee amount as applied to apartment units. In the meantime and to release certificates of occupancy which were being held, he said they were offering in good faith to the District to place $100,000 in an interest bearing account for a 45-day period of time until the matter of the appropriate fee was decided. Mr. Altman recommended that the City Council refer the matter to the City Attorney. Mr. Erwin responded that he would need more time in the matter to make a recommendation to the Council. He said that it appeared that this protect was approved and that the fees should have been picked up in the building permit stage. Instead, it was brought to the developer's attention some time during the construction period. MR. DENNIS MARTIN, Quail Contractors, 42-600 Bob Hope Drive, Rancho Mirage, said they had in February agreed to pay the fees but the problem was the proper amount of the fee. He said the issue was too complicated to be decided that evening and suggested that he be allowed to have certificates of occupancy on the first fifteen buildings or 208 units of the total 512. Upon question by Councilman Wilson, Mr. Martin said his firm would be willing to put $628 for each of the 208 units into an interest bearing account until the issue was resolved. 14 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING • • • • • • • • • • • • • • JUNE 26, 1986 • • • • • • • • • • • Mr. Erwin said that if that were the agreement, he would like a time limit put on it and would prefer that the full amount be paid to the City. Mr. Altman recommended that the developer go to the School District with the suggestion that the $628 times 208 units be paid and if the District agreed, then the City would not be in the middle. Mr. Erwin said he would prefer that. Councilman Wilson moved to request the developer to take the matter up with the Desert Sands Unified School District. Councilmember Benson seconded the motion. Motion carried by unanimous vote. Wilson stated that the intent of his motion was that if the District agreed to the money being placed in escrow and said so in writing to the City, then the City would be in a position to release the Certificates of Occupancy for those units covered by the escrow. XVI. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. CONSIDERATION OF APPOINTMENT of Michael Grossman to Civic Arts Committee to Fill Vacancy Created by Resignation of Bea Howorth. This item was considered prior to the 6 p.m. recess and appointment of Mr. Grossman was made by unanimous vote. XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF RESOLUTION OF NECESSITY FOR ACQUISITION OF A PERMANENT EASEMENT BY EMINENT DOMAIN FOR WIDENING OF PORTOLA AVENUE (F. X. McDonald, Property Owner). Mayor Kelly declared the Public Hearing open and asked for staff's report. Mr. Folkers reviewed staff's report and stated that while negotiations had reached an impasse, staff would continue in this effort. Mayor Kelly invited testimony in FAVOR or in OPPOSITION, and none was offered. He declared the Public Hearing closed. Councilman Snyder moved to waive further reading and adopt Resolu- tion No. 86-72, acquiring a permanent easement to certain real property by eminent domain for municipal purposes for street and public utility 15 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JUNE 26, 1986 • • • • • • • • • • a a • • • • • • • • • • • • • purposes in connection with the widening of Portola Avenue. Council - member Benson seconded the motion. Motion carried by unanimous vote. B. REQUEST FOR APPROVAL OF RESOLUTION OF NECESSITY FOR ACQUISITION OF A PERMANENT EASEMENT BY EMINENT DOMAIN FOR HOVLEY LANE STORM DRAIN (Samuel B. Sinay, Property Owner). Mayor Kelly declared the Public Hearing open. Mr. Folkers reviewed staff's report and recommendation. He said that negotiations had been going on for some time and with no agreement reached, it was necessary to move forward with eminent domain proceedings. He noted that this would not preclude continued negotiations with the property owner. Mayor Kelly invited testimony in FAVOR or in OPPOSITION to the request, and none was offered. He declared the hearing closed. Councilman Wilson moved to waive further reading and adopt Resolution No. 86-73, acquiring easement to certain real property by eminent domain for municipal purposes for construction and installa- tion of the Hovley Lane Storm Drain. Councilmember Benson seconded the motion. Motion carried by unanimous vote. C. REQUEST FOR CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION CONDITION OF APPROVAL FOR A 40,000 SQUARE FOOT OFFICE/WAREHOUSE COMPLEX LOCATED IN A SERVICE INDUSTRIAL ZONE AT THE SOUTHWEST CORNER OF HOVLEY LANE AND ECLECTIC STREET (Dennis Freeman, Appellant). Mayor Kelly declared the Public Hearing open and asked for staff's report. Mr. Diaz stated that when the original industrial subdivi- sion had been approved, this lot and three others were denied access to Hovley Lane. He said that the developer felt that the extra access improved the on -site traffic flow and argued that others were granted access to Hovley Lane. The Planning Commission, in denying this request, agreed with staff and felt that those granted the access had special conditions not applicable to this project. Mayor Kelly invited testimony from the applicant. 16 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING • • • • • • • • • • • • • JUNE 26, 1986 • • • • • • • • • • • • MR. DENNIS FREEMAN, 1560 Beverly Drive, Palm Springs, stated his project was the only one denied access to Hovley Lane. He showed his proposed on -site traffic flow and what he felt was justification for Council's granting his appeal. Mayor Kelly invited testimony in FAVOR of or in OPPOSITION to the request, and none was offered. He declared the Public Hearing closed. Councilman Wilson stated that he could see no justification for overturning the Planning Commission decision in that adequate access was offered from Eclectic Street and moved to waive further reading and adopt Resolution No. 86-74. Councilmember Benson seconded the motion. Motion carried by unanimous vote. D. CONSIDERATION OF ADOPTION OF FISCAL YEAR 1986-87 FINANCIAL PLAN. Mayor/Chairman Kelly convened Redevelopment Agency meeting at 7:50 p.m. to conduct a joint hearing on the proposed City and Agency budgets. ROLL CALL: Present: Absent: Member Jean Benson Member Walter H. Snyder Member S. Roy Wilson Chairman Richard S. Kelly Vice Chairman Phyllis Jackson Mr. Altman stated that both budgets represented a comprehensive effort by both staff and City Council. He said that all modifications made by the Council during adjourned meetings which were conducted as study sessions had been incorporated in the final document before Council at this meeting. He said it is an excellent budget, one that is fiscally responsible and meets the needs of the public by moving the City forward. Mayor Kelly declared the public hearing and invited testimony in FAVOR of or in OPPOSITION to the proposed budget. No one spoke. He declared the hearing closed. 17 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JUNE 26, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Snyder moved to waive further reading and adopt Resolu- tion No. 86-75, adopting a program and financial plan for the fiscal year July 1, 1986, through June 30, 1987. Councilman Wilson seconded the motion. Motion carried by unanimous vote. Member Snyder moved to, by Minute Motion, approve the 1986-87 Fiscal Year Budget for the Palm Desert Redevelopment Agency. Member Benson seconded the motion. Motion carried by unanimous vote. Member Wilson moved to adjourn Redevelopment Agency meeting to close of City Council meeting. Member Snyder seconded the motion. Motion carried by unanimous vote. Chairman Kelly adjourned the Agency meeting at 7:55 p.m. and stated that while it might seem like the budget adoption process was quick, the Council had spent 10 hours in previous meetings reviewing the two documents in detail. He said the Council commended staff for an outstanding job in putting both together. After action was taken on Adoption of Fiscal Year 1986-87 Financial Plan, the Council considered the following resolu- tions: A. RESOLUTION NO. 86-76 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION NOS. 85-72, 85-127, AND 86-15, AND THUS ESTABLISHING FOR THE 1986/87 FISCAL YEAR A REVISED TABLE OF SALARY RANGES FOR CLASSIFICATIONS AND POSITIONS, A MEMORANDUM OF AGREEMENT BETWEEN THE CITY COUNCIL AND THE EMPLOYEES' ORGANIZATION, AND RELATED EMPLOYEE BENEFITS. Upon motion by Benson, second by Snyder, Resolution No. 86-76 was adopted by a 3-1-1 vote of the Council with Counciimember Jackson ABSENT and Councilman Wilson voting NO. He said his negative vote was cast not against salary increases but rather the philosophy and formula used in establishing those increases. B. RESOLUTION NO. 86-77 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION NO. 85-71, AND THUS ESTABLISHING A REVISED TABLE OF AUTHORIZED POSITIONS FOR THE 1986/87 FISCAL YEAR. Upon motion by Snyder, second by Benson, Resolution No. 86-77 was adopted by unanimous vote of the Council. 18 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING • • • • • • • * • • • • • • JUNE 26, 1986 • • • • • • • • • • • C. RESOLUTION NO. 86-78 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1985-86 BUDGET TO PROVIDE APPROPRIATIONS FOR TRANSFERS TO CAPITAL PROJECT RESERVE FUNDS. Upon motion by Wilson, second by Benson, Resolution No. 86-78 was adopted by unanimous vote of the Council. D. RESOLUTION NO. 86-79 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING THE APPROPRIATIONS LIMIT FOR THE 1986/87 FISCAL YEAR. Upon motion by Snyder, second by Wilson, Resolution No. 86-79 was adopted by unanimous vote. Councilman Wilson said he would like to have put on a later agenda the philosophy behind salary calculations and the procedure the City uses each year in salary increase recommen- dations so that the Council could review it for reconsidera- tion. Councilmembers concurred, and the City Manager was so directed. Councilmember Benson asked if it would be appropriate to ask College of the Desert to move the trailer it is using as a golf shop to the back of the iot as she felt it is an eyesore. Mr. Altman responded that the City is currently reviewing the entire site plan and is asking that it at least be buffered by some landscaping. XVIII. ADJOURNMENT Upon motion by Snyder, second by Benson, and unanimous vote of the Council, Mayor Kelly adjourned the meeting at 8:04 p.m. ATTEST: SHEILA R. G'fLLIGAN, CI CLERK CITY OF PALM DESERT, ALIFORNIA 19 RI S. KELL, MAYOR