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HomeMy WebLinkAbout1989-06-22MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JUNE 22, 1989 CIVIC CENTER COUNCIL CHAMBER • • • • • I. CALL TO ORDER Mayor Wilson convened the meeting at 4:10 p.m. I1. PLEDGE OF ALLEGIANCE - Councilman Richard 5. Kelly III. INVOCATION - Councilman Walter H. Snyder IV. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro-Tem Buford A. Crites Councilman Richard S. Kelly Councilman Walter H. Snyder Mayor S. Roy Wilson Also Present: Bruce A. Altman, City Manager David J. Erwin, City Attorney Carlos L. Ortega, ACM/RDA Executive Director Sheila R. Gilligan, City Clerk/P.I.O. Ramon A. Diaz, ACM/Director of Community Development/Planning Richard Folkers, ACM/Public Works Director Paul Shillcock, ACM/Director of Economic Development Paul Gibson, Treasurer/Director of Finance Pat Conlon, Director of Building & Safety V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of June 8, 1989. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR0513, WR0517, and WR0600. Rec: Approve as presented. C. APPLICATION FOR LEAVE TO PRESENT LATE CLAIM by Fields and Cresson on Behalf of Douglas Ray White and John Harvey White (Claim No. 108). Rec: By Minute Motion: 1) Deny the Application for Leave to Present Late Claim; and 2) Direct the City Clerk to so notify the Claimant. D. CLAIM AGAINST THE CITY by Charlotte Moody in the Amount of $203.00 for Alleged Damages (Claim No. 109). Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the Claimant. E. CLAIM AGAINST THE CITY by Southern California Edison in the Amount of $8,075.89 for Alleged Damages (Claim No. 110). Rec: By Minute Motion: 1) Deny the Claim and refer the matter to the contractor, Massey Sand F. Rock Company; and 2) Direct the City Clerk to so notify the Claimant. F. CLAIM AGAINST THE CITY by William Lowder in the Amount of $279.00 for Alleged Damages (Claim No. 111). Rec: By Minute Motion, deny the Claim and City Clerk to so notify the Claimant. G. CLAIM AGAINST THE CITY by Marilyn Brockman in of $297.61 for Alleged Damages (Claim No. 112). Rec: By Minute Motion, deny the Claim and City Clerk to so notify the Claimant. direct the the Amount direct the H. REQUEST FOR AWARD OF CONTRACT for the Town Center Way and Goldflower Street Storm Drain Project (Contract No. 00- 344). Rec: By Minute Motion, authorize the Mayor to enter into a contract with Allred and Kyser Construction Company in the amount of $26,487.00 and authorize a ten percent_2ontingency in the amount of $2,648.70. .� 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 1989 * * * * * * * . * * . . * . . . . * . * . * . * . I. REQUEST FOR CONSIDERATION of North Side Fred Waring Drive Ordinance 416 Widening from Deep Canyon Road to Valley Palms Estates. Rec: Waive further reading and adopt Resolution No. 89-75, setting a public hearing for consideration of placing a lien on a property affected by the subject Ordinance 416 widening project. J. MINUTES of the Palm Desert Civic Arts Committee Meeting of March 20, 1989. Rec: Receive and file. K. MINUTES of the El Paseo Business Association Meeting of May 4, 1989. Rec: Receive and file. L. REQUEST FOR RATIFICATION of Change Order No. 1 to Contract No. 00-255, Superior Signal Service, for Traffic Signal Maintenance. Rec: By Minute Motion, ratify the City Manager's approval. M. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. 00-353 for Presidents Plaza Parking Lot, ASL Consulting Engineers. Rec: By Minute Motion, approve the Change Order in the amount of $3,320.00 by a transfer from the project contingency account. N. REQUEST FOR APPROVAL of Change Order No. 2 to Contract No. 00-336, Allred & Kyser, for Magnesia Falls Bikepath. Rec: By Minute Motion, approve the Change Order in the amount of $4,700.00 by a transfer from the project contingency account. 0. REQUEST FOR APPROVAL of Final Tract Map 22690-5 (Temple Development Company, Applicant). Rec: Waive further reading and adopt Resolution No. 89-76, approving Tract Map 22690-5. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 1989 a • • • • • • • • • a • • • • • • • a • • • • • a P. REQUEST FOR APPROPRIATION for Environmental Award of Excellence Tile Plaques. Rec: By Minute Motion, appropriate $3,400.00 from the unappropriated reserves (Account #110-4116-3060, Community and Promotional Events) and authorize staff to finalize the ordering of 100 plaques. Councilman Kelly asked that Items M and N be removed for separate discussion under the Consent Items Held Over portion of the Agenda. Upon motion by Benson, second by Snyder, the Consent.Calendar, with the exception of Items M and N, was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS A. RESOLUTION NO. 89-77 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REQUESTING THE RIVERSIDE COUNTY BOARD OF SUPERVISORS TO LEVY A SPECIAL TAX PURSUANT TO SECTION 53978 OF THE GOVERNMENT CODE FOR FIRE PROTECTION AND PREVENTION SERVICES FOR FISCAL YEAR 1989-90. Mr. Altman stated there was a memo in the packets and noted that the fee for fiscal year 1989-90 was the same as for the past fiscal year. Councilman Snyder moved to waive further reading and adopt Resolution No. 89-77. Motion was seconded by Benson and carried by unanimous vote of the Council. VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 576 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A TRANSPORTATION MITIGATION FEE FOR SINGLE AND MULTIFAMILY DEVELOPMENT PROJECTS AS AN URGENCY MEASURE. Mr. Erwin reviewed the memo in the packets, noting that although the ordinance previously adopted by the Council would be effective for industrial and commercial development by July 1, 1989, it would not take effect for 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 1989 { • • • • • • • • • • • • • • • • • • • • • • • • single and multifamily development projects for a period of 60 days from the date of adoption. He suggested that the Council consider adopting Ordinance 576 as an urgency ordinance to cover the time when the fee would not be in effect for the single and multifamily projects. He added that it would require a 4/5ths vote of the Council. Councilman Crites moved to waive further reading and adopt Ordinance No. 576, adopting a Transportation Uniform Mitigation Fee for single and multifamily development projects as an urgency measure. Motion was seconded by Kelly and carried by unanimous vote. B. ORDINANCE NO. 577 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 1.12 OF THE CODE OF THE CITY OF PALM DESERT PERTAINING TO GENERAL PENALTIES. Mr. Altman stated that Director of Code Compliance Frank Allen had requested that the Council continue this matter to its next meeting to allow for some needed changes. Councilman Kelly moved to, by Minute Motion, continue this matter to the next Council meeting. Motion was seconded by Snyder and carried by unanimous vote of the Council. For Adoption: A. ORDINANCE NO. 575 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. Mr. Altman stated that no changes had been made since introduction of this ordinance and recommended its adoption. .Councilman Kelly moved to waive further reading and adopt Ordinance No. 575. Motion was seconded by Benson and carried by unanimous vote of the Council. IX. CONSENT ITEMS HELD OVER M. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. 00-353 for Presidents Plaza Parking Lot, ASL Consulting Engineers. Upon question by Councilman Kelly, Mr. Diaz stated that the Change Order was to make necessary corrections to the 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 1989 • • • • • • • • • • • • • • • • • • a • • a • • • driveways off Portola Avenue onto Presidents Plaza East parking lot. Mayor Wilson added that this was only the design work for the project. Councilman Kelly moved to, by Minute Motion, approve the Change Order in the amount of $3,320.00 by a transfer from the project contingency account. Motion was seconded by Benson and carried by unanimous vote of the Council. N. REQUEST FOR APPROVAL of Change Order No. 2 to Contract No. 00-336, Allred & Kyser, for Magnesia Falls Bikepath. Upon question by Councilman Kelly, Mr. Diaz responded that this would connect with the existing bike system to College of the Desert and that it would complete Palm Desert's link with the bikepath system in the Coachella Valley. Mr. Phil Joy added that the City was now just waiting to see where it would connect with the City of Rancho Mirage to the east and Indian Wells to the west. Councilman Kelly moved to, by Minute Motion, approve the Change Order in the amount of $4,700.00 by a transfer from the project contingency account. Motion was seconded by Benson and carried by unanimous vote of the Council. X. NEW BUSINESS A. CONSIDERATION OF THE SELECTION OF THE CITY'S FIRST PIECE OF PUBLIC ART. Ms. Catherine Sass, Associate Planner, reviewed the staff report, noting that the three maquettes had been on display in the lobby of the Civic Center for several weeks and that public comments were submitted and included in the packets. The following artists presented their maquettes to the City Council and explained their artwork: Mr. Ron Pekar ("Rainbow Ring"); Mr. Michael Anderson ("Desert Dessert"); and Mr. Dan Dykes ("Desert Bloom"). Upon question by Mayor Wilson, Mr. Bob Spiegel, Chairman of the Public Art Subcommittee, responded that the work of 60 artists had been reviewed. He commended Mrs. Gilligan for her efforts in getting so many artists to participate. He said over 30 artists had been interviewed, and the 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 1989 • * • • • * • • • • • . • • * • • . • • . • • a • Committee selected three who were felt to have the best background in this type of work. However, the Committee did not have any specific recommendation as to which artist of the three should be selected. In response to a question by Mayor Wilson, he said the parameters were the location, budget, and family theme. Councilman Kelly stated that the predominant feeling of the Civic Arts Committee was the same as indicated in the public comments received, that there were no strong feelings about any one of the pieces of art. He said the Committee had discussed whether there were enough maquettes or if there should have been more. He added that he felt more time should be given to this matter and that he would abstain from voting if the Council decided to select one of the three pieces at this time. Councilmember Benson said although she liked "Desert Dessert" she was concerned with its colors and felt it would be more in keeping with the Civic Center complex if it was done in bronze. Councilman Snyder said he agreed with Councilman Kelly and felt there should have been additional maquettes to choose from. He said he was not sure any one of these should be the first piece of public art. Councilman Crites said he felt the last presentation had positive value in terms of using bronze as the material for the piece of art in front of the Civic Center. However, he did not feel the artist's concept of the family had been realized through the maquette. He said he liked the colors of the "Desert Dessert" and felt participation of children was an appropriate part of this artwork. However, he felt it would fit better in the interior of the Civic Center park and was not really appropriate for the front of the Civic Center building. As far as "Rainbow Ring", he felt the issues raised in the staff report dealing with the costs and maintenance needed to be considered and that this work would not blend in with the architecture of the Civic Center building. He added that he would be willing to look at some more maquettes. Mayor Wilson stated that he agreed with comments made by the Council and felt a mistake might have been made in picking the location. He said the Civic Center building was an art statement In and of itself. Although he liked the concept, ideas, and philosophy of "Rainbow Ring", he felt it would be changing another piece of art, which is 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • the building. Although he said he very much liked "Desert Dessert", he agreed with Councilman Crites that it would look nice in the City sculpture park but would detract from or compete with the architectural statement of this building. He said he liked the bronze ("Desert Bloom") but felt it would also detract from the building. He said he would l i ke to see the Council not select any of the three but perhaps meet with the entire Public Art Subcommittee to rethink some of the parameters on location of the site, family theme, etc., and maybe consider these pieces of artfrom the standpoint of another location. Councilmembers Benson and Snyder agreed. Snyder said he felt all three pieces of art were good but were not appropriate for the Civic Center site. Mayor Wilson asked that staff be directed to call a meeting of the Public Art Subcommittee and Council to discuss the philosophies as far as location, theme, etc. Council concurred. Upon question by Councilman Crites regarding how long the Council has to decide whether or not to select one of these pieces, Mr. Erwin responded that no time limit had been imposed but that 60 to 90 days might be a reasonable time. He added that staff might want to check with the artists to make sure there was no problem with such a time frame. Mayor Wilson asked that Ms. Sass meet with the three artists immediately following completion of this item on the Agenda. Council concurred. He stated that the Council may or may not choose one of these pieces of art and may or may not choose it for this particular location. He thanked the artists for their presentations and contributions to the program. B. REQUEST FOR CONSIDERATION OF GRADING PLAN AND PAD ELEVATION AT 44-625 SAN JOSE AVENUE - ARNOLD HESTER. Mr. Altman reviewed the staff report and recommendation. Mr. Folkers showed a video presentation of the area, including the pad in question and the surrounding area. MR. ARNOLD HESTER, 82-774 Lexington, Indio, addressed Council as the applicant and expressed concern with the location of his driveway. He said having the pad elevation at 4.0 feet would put him about 13 inches below the top of the curb. If there was heavy rain, a lot of rain water would be going through his driveway. He said he planrd to construct a block wall on the property which 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • would protect the people on the northwest side and the north side from flood water. He asked that he be allowed to bring the pad elevation up one foot. After reviewing the plot plan, Mayor Wilson stated that the Council had assurance from the City Engineer that there was proper drainage and water flow away from the property and that the pad height being offered to the applicant should not be a problem. Councilmember Benson moved to, by Minute Motion, concur with Public Works staff as to the elevation of the pad at the subject address. Motion was seconded by Kelly and carried by unanimous vote of the Council. C. CONSIDERATION OF CONDITIONS OF FUNDING FOR JOSLYN COVE SENIOR CENTER. Mr. Erwin reviewed his memo dated June 12, 1989. He said he felt it would be appropriate to require the Board of Directors and the Executive Director of the Senior Center to provide financial disclosure information. He also asked that the Council consider phasing the funding instead of giving the contribution in one sum. Mayor Wilson asked Mr. Bob Spiegel, the City's representative to the Board, to address the issue. Mr. Spiegel stated he felt this was a good idea and would recommend approval. Councilman Kelly moved to, by Minute Motion, make the City's contribution to the Senior Center contingent upon the filing of financial disclosure statements by the Board of Directors and Executive Director, and direct staff to work out arrangements for the incremental funding of the City's contribution. Motion was seconded by Snyder and carried by unanimous vote of the Council. D. REQUEST FOR CONSIDERATION OF FACILITIES AND LOAN AGREEMENT BETWEEN THE PALM DESERT CITY COUNCIL AND THE PALM DESERT REDEVELOPMENT AGENCY (Contract No. 00-372). Mr. Altman stated there was a memo in the packets and offered to answer any questions. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Crites moved to: 1) Waive further reading and adopt Resolution No. 89-78, approving payment by the Palm Desert Redevelopment Agency for part of the cost of the installation and construction of certain facilities identified in a loan agreement between the City and Agency; and 2) By Minute Motion, approve the Loan Agreement (Contract No. 00-372) and authorize the Mayor to execute same. Motion was seconded by Kelly and carried by unanimous vote of the Council. E. INFORMATIONAL ITEMS: 1. Update on Palmer CableVision. Mr. Ortega distributed copies of the report regarding cable service complaints and the action taken on those complaints. He said the report was quite lengthy because this was the first time it had been given to the Council. He also reported that no decision had been made yet by the FCC on the City's appeal and that apparently the cable company had submitted additional information to be reviewed. XI. CONTINUED BUSINESS None XII. OLD BUSINESS A. REQUEST FOR CONSIDERATION OF NORTH SPHERE ANNEXATION. Mr. Altman reviewed the memo in the packets, noting that staff was requesting approval to begin proceedings to annex the north sphere area into the City. Upon question by Councilman Crites, Mr. Diaz responded that some of the area out by Monterey Avenue would be zoned industrial and some commercial and would be consistent with what the subcommittee recommended. Councilman Crites asked if the area would be subject to change after annexation, and Mr. Diaz responded that all zoning in the City was subject to change at any time as long as they it is consistent with the General Plan at that time. Councilmember Benson moved to, by Minute Motion, direct staff to commence the necessary procedures to prezone the area in question to begin the process of annexing the area set forth in the map included in the staff report. Motion was seconded by Kelly and carried by unanimous vote of the Council. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING • • • • • • • • • • • • • • • • • • • • • • • • • XIII. REPORTS AND REMARKS A. CITY MANAGER 1. 4th of July Fireworks JUNE 22, 1989 Mr. Altman stated that Councilmember Benson had asked him to bring this item up. He asked that it be added to the Agenda as an item which came up after the Agenda was posted. Councilman Crites moved to add this item to the Agenda for Council consideration as one which arose after the Agenda was posted. Motion was seconded by Snyder and carried by unanimous vote of the Council. Councilmember Benson reported that at a meeting of the 4th of July Greater Fireworks Committee, the Fire Marshal said in order to complete all of the arrangements, he needed a go-ahead from the City for some extra booms at the finale of the fireworks. She said in the past the City had not allowed excess noise, and the Fire Marshal was requesting an exception because this was the first time Palm Desert had had such a display. Councilman Kelly moved to, by Minute Motion, approve the "big boom" at the end of the fireworks display. Motion was seconded by Snyder and carried by unanimous vote of the Council. B. CITY ATTORNEY Mr. Erwin asked that the Council adjourn to Closed Session following the meeting pursuant to Government Code Section 54956.9 (a) and (b), pending and potential litigation, 54956.8, Real Property Transactions, and Personnel. C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Councilman Crites Councilman Crites stated that he and Councilman Kelly had talked about how to remember Palm Desert's first Mayor, Hank Clark, and had discussed the possibility of naming a street after him. He said he had taken this to the City Manager, who suggested changing the name of Carlotta Street, where the Good Samaritan 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • Village is located and naming it after Mr. Clark, who was instrumental in creating that project. Councilmember Benson responded that the street had already been renamed once and that Carlotta was the name of Mr. Marzicola's mother who gave the land for the project. No Council action was taken on this matter. 2. Mayor Wilson. Mayor Wilson asked about the schedule for Council meetings in July. Mr. Altman responded that members of the Council had indicated they wanted to have only one meeting in both July and August. Mayor Wilson stated that the scheduled meeting for July 27th conflicted with the League of California Cities Conference in Monterey. After discussion, the Council determined that there would be a meeting on July 20th and that the July 27th meeting would be cancelled. Mr. Erwin suggested that the City Clerk adjourn the meeting of July 13th to July 20th due to the lack of a quorum. 3. Councilman Kelly Councilman Kelly stated that at its last meeting, the Civic Arts Committee had discussed the Civic Center Master Plan and voiced several concerns, including: - Would like to see the inclusion of some type of quality restaurant on the site. He suggested using the proposed building between the office complex and the park area. - Would like the Master Plan Committee to consider inclusion of a veterans memorial that represents all wars and all branches of the service. He said this would fit 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 1989 . . . . . . . . . . . . . . . . . . . . . . . . . into the City's Art -in -Public -Places program. - Expressed concern with the proposed restroom facilities and wanted assurance that the architecture would be appropriate for the area. He said he had assured the Committee that the Council wanted an artist to work with the architect on all future public buildings. He asked that the Master Plan Committee consider these requests. 4. Arco AM/PM Mini Mart Councilman Kelly reported that the Civic Arts Committee had expressed concern with the water feature at the Arco station on the corner of Portola Avenue and Highway 111. He said the Committee did not feel the fountain with the sign on it was the same one they had approved. He said he had looked at the site and had referred the matter to the City Manager and Director of Planning who would look into the matter to see if it conformed with the renderings given to the Committee. o City Council Committee Reports: 1. Recommendation of the CVAG Housing Committee- Councilmember Jean M. Benson. Councilmember Benson reported that CVAG's Housing Committee had recommended letters of support for AB1448 (Isenberg) regarding landlord -tenant relations. She noted that the Committee's report and recommendation had been included in the packets. Councilman Crites moved to, by Minute Motion, direct that letters in support of AB1448 be sent to the State Assembly. Motion was seconded by Benson and carried by a 4-0-1 vote, with Councilman Kelly ABSTAINING. Councilman Kelly stated he was abstaining because although he had heard a presentation and read about this bill, he still did not really understand all of it. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 1989 • • • • • • . • • • • • • • • • • • • • • • • XIV. ORAL COMMUNICATIONS - B None Upon motion by Crites, second by Benson, Mayor Wilson recessed the meeting at 6:10 p.m. for dinner. He reconvened the meeting at 7:00 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XVI. ORAL COMMUNICATIONS - C MR. LEN CRANDALL addressed the Council regarding the Chazan Development, Tract No. 24287, which was approved in April, 1989, subject to a number of conditions. He said the property had been acquired and that the developer would like to proceed. However, there was a problem with the condition which stated that a formal written agreement be executed requiring 200 date palm trees to be located in a future City date palm preserve. He added that he was advised this matter would be on the Agenda for this meeting and for some reason it was not. Mr. Diaz responded that direction given to staff at the recent study session regarding the location of the date preserve area within the Civic Center Master Plan was sufficient for an agreement to be reached. He said he had spoken with Charleen McClain, and a meeting would be held next week to work out final details. In the meantime, he said the developer could proceed with the filing of the final map, which would be before the Council at its next meeting. XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. CONSIDERATION OF APPOINTMENT TO THE ACTIVITIES PROMOTION COMMITTEE. Councilman Crites moved to, by Minute Motion, reappoint Mr. Marc Glassman, owner of Glassman Photography, to a three-year term to expire in September, 1992. Motion was seconded by Benson and carried by unanimous vote of the Council. 14 MINUTES - REGULAR PALM DESLRT CITY COUNCIL MEETING JUNE 22, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • XVIII. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION OF THE ADOPTION OF APPROPRIATIONS LIMITS PURSUANT TO ARTICLE XIIIB OF THE STATE CONSTITUTION. Mr. Altman reviewed the staff report and recommendation and offered to answer any questions. Mayor Wilson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. None was offered. He declared the public hearing closed. Councilman Snyder moved to waive further reading and adopt Resolution No. 89-79, establishing the appropriations limit for the 1989- 90 Fiscal Year. Motion was seconded by Benson and carried by unanimous vote of the Council. B. REQUEST FOR CONSIDERATION OF THE CITY MANAGER'S PROPOSED BUDGET FOR FISCAL YEAR 1989-90. Mayor/Chairman Wilson convened the Redevelopment Agency meeting at 7:15 p.m. for the purpose of conducting a Joint City Council/Redevelopment Agency Public Hearing. ROLL CALL Present: Member Jean M. Benson Vice Chairman Buford A. Crites Member Richard S. Kelly Member Walter H. Snyder Chairman S. Roy Wilson Mr. Altman stated that staff and the Council had been working on this budget for the past several months. He said it was a balanced budget, with adequate reserves, and included items the Council had asked to be put in. He said modifications had been made to the amount for charitable contributions as well as the resolution for compensation and classification. Mr. Gibson, Director of Finance, reviewed the four items discussed by the Charitable Contributions Committee: Food in Need of Distribution (FIND) - Recommended allocation of $15,000, with $5,000 being appropriated at present time, and the additional $10,000 to be appropriated after additional information is received and reviewed by the Committee. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 1989 a • a • • • a • • • • • • • • • • • • a • • • • a Councilmember Benson explained that although the requested $15,000 was being recommended, the Committee felt only $5,000 should be allocated at this time, based on the 22 senior families they currently serve within the City of Palm Desert. - Coachella Valley Counseling - Recommended appropriation of $12,600. - Children's Museum of the Desert - Recommended appropriation of $500 at present time. Councilman Crites stated the Committee felt Palm Desert should show its general support of the concept of a Children's Museum. This would give the City a Corporate Sponsor membership in the Museum. - Desert Youth Sports Organization (DYSO) - Recommended allocation on the basis of $10 per your participating in soccer and baseball program, up to $12,000 maximum. Councilman Crites explained that the DYSO is the umbrella organization that provides the administration for the soccer and baseball programs. He said they had requested $12,000 to help with the administration, computer costs, etc. However, the Committee felt that rather than paying for such costs, the funds should be given to the soccer and youth baseball programs themselves on the basis of $10 per Palm Desert youth participating, and the boards of these two programs could decide how to allocate the funds. He added that the City of Indian Wells had granted a lump sum of $3,000 and that Rancho Mirage had not made any decisions at this time. Mr. Gibson noted that the total amount recommended for Charitable Contributions was $257,740. Mr. Altman stated that there were some changes to recommendation #4 regarding the compensation plan and related employee benefits. He recommended that the Council adopt Resolution No. 89-81, amended as follows: 2) Addition of a 5.0% cost of living increase for all classifications; For each individual position, where a large percentage increase is recommended, the incumbent 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • will be assigned a step in the higher range as will grant such employee a salary increase of not more than 10%, over and above the cost of living increase; 3) Any remaining percentage of the recommended percentage increase would be granted on July 1, 1990, provided such increase is not more than a 10% increase, over and above any 1990-91 cost of living increase, and such percentage increase would be granted only upon the incumbent receiving a special merit review as of July 1, 1990, with the incumbent receiving a performance review rating that meets jobs standards; and 4) Any remaining percentage of the recommended percentage increase would be granted to the incumbent on July 1, 1991, over and above any 1991-92 cost of living, and such percentage increase would be granted only upon the incumbent receiving a special merit review as of July 1, 1991, with the incumbent receiving a performance review rating that meets job standards. Mayor Wilson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. No testimony was received. He declared the public hearing closed. Council Comments/Questions: Charitable Contributions: Councilman Snyder expressed concern that each year the amount of charitable contributions is higher and hoped that the Council would continue to look at these requests very carefully before allocating funds. Joanna Hodges Reception: Councilman Snyder said he was impressed by the letter justifying the request and felt it would serve as advertising and promotion for the City and that the money spent was probably reasonable. Councilmember Benson suggested that the Civic Center complex be considered in the future for this event. Mayor Wilson said that if the purpose of the reception was to give the City more involvement, it would be a good idea to have it here. Councilman Kelly suggested asking the Civic Arts Committee for its input. City Manager's Recommendations Regarding Salaries: After discussion, the Council agreed with Items #1 and #2 of the City Manager's recommendation. Mr. Altman thanked the City Council on behalf of the employees. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 1989 • . . . . . . . . . . . . . s . . . . . * . . . . Councilman Snyder moved to waive further reading and adopt Resolution No. 89-80, adopting a program and financial plan for the fiscal year July 1, 1989, through June 30, 1990, as amended to include the changes to charitable contributions as recommended by Mr. Gibson. Motion was seconded by Benson and carried by unanimous vote of the Council. Member Snyder moved to by Minute Motion, approve the 1989-90 Fiscal Year Budget for the Redevelopment Agency. Motion was seconded by Benson and carried by unanimous vote of the Agency Board. Councilman Snyder moved to waive further reading and adopt Resolution No. 89-81, adopting allocated classifications, authorized positions, compensation plan and related employee benefits for the 1989- 90 Fiscal Year, amended as follows: 1) Addition of a 5.0% cost of living increase for all classifications; 2) For each individual position, where a large percentage increase is recommended, the incumbent will be assigned a step in the higher range as will grant such employee a salary increase of not more than a 10% increase, over and above the cost of living increase; and 3) Any further increase recommended by the classification study would be held until a new Memorandum of Understanding is reached between the City and the Employees Organization. Motion was seconded by Benson and carried by unanimous vote of the Council. Mayor Wilson stated that the Council had spent quite a number of hours going over this budget. He said he felt a lot of hard work, justification, and good thinking went into the planning process of this budget by the City Manager and staff, making it a very defensible budget. He said the City Manager and his team deserved a real vote of gratitude from the Council for doing their homework and presenting a balanced budget showing Palm Desert spends less than it takes in, which is an enviable position in the Coachella Valley. Chairman Wilson adjourned the Redevelopment Agency meeting at 7:35 p.m. to the closed of the City Council Meeting. C. REQUEST FOR CONSIDERATION OF TENNIS COURT LIGHTING APPEAL (G. ROBERT ROGERS, APPLICANT). Mr. Diaz reviewed the staff report and recommended that, based on petitions and letters received, the Council reaffirm the decision of the Planning Commission with the proviso that if adjoining property owners can have their concerns relieved, the lighting can be brought back to the Council for approval at a later date. Mayor Wilson declared the public hearing open and invited testimony in 1AVOR of this request. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • MR. GEORGE NICHOLAS addressed the Council as the builder of the project and showed the layout of the tennis court and surrounding area. He said the four -light system proposed would not have any spillage of light onto the adjacent property and showed a video presentation of the court and adjacent properties. MR. BOB MORROW of Palm Springs spoke as the lighting engineer and said the lighting fixtures that would be installed were state-of-the-art and would not give out any light pollution. He said the amount of spill light would be very small. He added that there would be a dimmer and a time clock and that the lights would go off at 10:00 p.m. Mayor Wilson invited testimony in OPPOSITION to this request. MRS. WAYNE BUTTERBAUGH, 48-635 Moon Terrace, asked that the Council deny the request for night lighting. She read a prepared statement and said at no time had the owner/developer made any effort to speak with her. She said the topography had been altered and the views destroyed. Mayor Wilson declared the public hearing closed. At the request of the developer, Mayor Wilson reopened the public hearing. Mr. Nicholas stated that he felt he had shown that the lighting would not spill over onto the adjacent property. He added that from the start of the project he had been in contact with the president of Indian Hills, who knew what was being done, and never once was anything said other than that it was a nice project. He said he felt for the adjacent owners since he had come in and built beside them; however, he did not feel the topography had been changed. Mayor Wilson declared the public hearing closed. Council Comments/Questions: Snyder: Had visited the area and talked to the people at Indian Hills. Sympathized with them and felt the appeal should be denied. Said the Council had not allowed lighted tennis courts in other locations. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 1989 . . . . • • • • • • . • • • • • • . • • • • • • • Crites: Understood the developer was using the best available technology in terms of spillage of light. However, could see no reason to have lighted tennis courts in a residential area. Benson: Agreed that there was no need to have lighted tennis courts in this area. Kelly: Agreed with Crites and Benson and said the Council had to protect the residential areas. Said he would not want his neighbors to have lighted tennis courts. Councilman Snyder moved to, by Minute Motion, affirm the decision of the Planning Commission with the proviso that if adjoining property owners can have their concerns relieved, the lighting may be approved at a later date. Motion was seconded by Kelly and carried by unanimous vote of the Council. D. REQUEST FOR CONSIDERATION OF STREET NAME CHANGE FOR TRACT 21338-1, SANDCASTLE HOMES. Mr. Folkers reviewed the staff report and recommendation and offered to answer any questions. Mayor Wilson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered. He declared the public hearing closed. Councilman Crites moved to waive further reading and adopt Resolution No. 89-82, approving a street name change for Tract 21338-1, Easy Court to Easy Street. Motion was seconded by Snyder and carried by unanimous vote of the Council. XIX. ORAL COMMUNICATIONS - D MR. DAN EHRLER, Chamber of Commerce, addressed the Council regarding the Sign Ordinance Task Force. He said the Task Force had met and responded to the proposed revisions to the sign ordinance and that the finalized draft had been sent to Steve Smith in the Planning Department, who was on vacation this week. He added that the Task Force wanted to wait until the entire subcommittee was available to meet and go through the proposed revisions and responses. He said from there it would go to the Planning Commission and then to the City Council. He addressed the issue of Public Hearing B regarding the budget and expressed sincere appreciation to the Council from the Chamber of Commerce/Visitor Information Center. He said he looked forward to continuing the working partnership between the City and the Chamber. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 1989 * * * . * * * * * * * * * * * * * * * * * * * * * XX. ADJOURNMENT Councilman Crites moved to adjourn to Closed Session at 7:58 p.m. pursuant to Government Code Section 54956.8, Real Property Transactions, 54956.9(a) and (b), Pending and Potential Litigation (Palm Desert vs. Indian Wells; Palm Desert vs. Eisman - Sunset Villas Apartments), and Personnel. Motion was seconded by Snyder and carried by unanimous vote of the Council. Mayor Wilson reconvened the meeting a 8-:35 p.m. and immediately adjourned with no action announced from osed ession. ATTEST: rev SHEILA R. GIL.LIGAN,,TY CLERK CITY OF PALM DESERT,/CALIFORNIA ROY WILSON, MAYOR 21