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HomeMy WebLinkAbout2003-06-26MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JUNE 26, 2003 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Benson convened the meeting at 3:04 p.m. II. ROLL CALL Present: Excused Absence: Councilman Jim Ferguson arrived 4:00 p.m. Councilman Buford A. Crites Councilman Richard S. Kelly Mayor Pro-Tempore Robert A. Spiegel Mayor Jean M. Benson Also Present: Carlos L. Ortega, City Manager/RDA Executive Director Robert W. Hargreaves, Deputy City Attorney Sheila R. Gilligan, ACM for Community Services Homer Croy, ACM for Development Services Justin McCarthy, ACM for Redevelopment Amir Hamidzadeh, Director of Building & Safety Rachelle D. Klassen, City Clerk Teresa L. La Rocca, Director of Housing Michael J. Errante, Director of Public Works/City Engineer David Yrigoyen, Director of Redevelopment Robert P. Kohn, Director of Special Programs Mark Greenwood, Engineering Manager Jose Luis Espinoza, Finance Operations Manager III. ORAL COMMUNICATIONS - A None IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2003 1) Property: 74-065 Goleta Avenue (APN 625-022-005) Negotiating Parties: Agency: Justin McCarthy/Lauri Aylaian/City of Palm Desert Property Owner: Mark and Jodie Ratliff Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Corey Taylor v. City of Palm Desert, et al., Riverside County Superior Court Case No. INC 035494 b) Dennis Lock v. City of Palm Desert, Riverside County Superior Court Case No. INC 036135 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 With Council concurrence, Mayor Benson adjourned the meeting to Closed Session at 3:05 p.m. She reconvened the meeting at 4:03 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore Robert A. Spiegel VII. INVOCATION - Mayor Jean M. Benson VIII. ORAL COMMUNICATIONS - B MS. CAITLIN YOUNG, President of the Palm Desert Aquatics Swim Team, on behalf of the Team, expressed appreciation for the City Council's intent to contribute to the renovation of the College of the Desert (COD) swimming pool, which not only saved the pool but saved their swim team. She noted their group was a competitive swim team and main user of the pool, with over 130 children participating, ages five to high school. Palm Desert Aquatics had a long history with the College, over 30 years, but it would no longer be able to practice there after August 16; other pool resources had all been exhausted due to scheduling conflicts. She related that the swimmers were very dedicated, practicing year-round, five nights a week in all types of weather. She said the Recreation & Park District would allow the team to practice at Pawley Pool in Indio while COD's pool was renovated; however, cost of heating it would be their responsibility, up to $4,000 during the late fall and winter months, 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2003 and she asked if the City Council would consider additional funding for their team to assist with this significant expense if it had to stay there through the winter. Currently, the team paid COD $550 per month for use of the pool, and they wondered who would be paying for heating once they returned to COD. It was, therefore, their hope that the renovation would be completed quickly and not be delayed until next summer, as the Palm Desert location was much more convenient for their members. Additionally, it would be their request to be able to practice in a competition -size facility, for which they had $6,000 worth of starting blocks they would be able to contribute if it were renovated to such a size, and they could also then host meets to help offset costs. She left team t-shirts for Councilmembers in appreciation for their support. Mayor Benson noted that the funds to be contributed to the COD pool renovation were part of the 2003/04 Budget, which was a public hearing item later at this meeting. She advised Ms. Young that the City Manager's Office would be able to provide her with a timetable of the renovation schedule. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE PARTICIPANTS IN THE 2002/03 CITY OF PALM DESERT STUDENT WORK PROGRAM. The following participants were recognized for their participation and good work during the past academic year: Gary Hunt, Cindy Navarro, and Lorainne Servin. B. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT EMPLOYEES FOR EXCEPTIONAL SERVICE. The following City of Palm Desert employees were recognized for exceptional service: Dnise Oakley, Debbie Thompson, Rosie Griffin, Miguel Garcia, Ron Tucker, Niamh Ortega, Mary Clark, and Pat Scully. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of June 12, 2003. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 268, 269, 272, 273, and 276PDOC. Rec: Approve as presented. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2003 C. CITY'S/AGENCY'S PORTFOLIO MANAGEMENT SUMMARY for the Month of April 2003 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. D. MINUTES of City Committee and Commission Meetings. 1. Housing Commission Meeting of May 14, 2003. 2. Public Safety Commission Meeting of May 14, 2003. 3. Technology Committee Meeting of March 4, 2003, and Discussion Notes of May 6, 2003. Rec: Receive and file. E. REQUEST FOR AUTHORIZATION to Transfer Funds from Corporation Yard Budget to Human Resources Budget. Rec: By Minute Motion, authorize transfer of funds in an amount not to exceed $38,140 from the Corporation Yard Budget (Account No. 110-4310-433-1002) to Human Resources Budget (Account No. 110-4154-415-3036) for the cost of temporary help at the Corporation Yard. F. REQUEST FOR APPROVAL of Agreement for Employment Relations Training (Contract No. C21520). Rec: By Minute Motion, authorize the Mayor to enter into an agreement with Liebert, Cassidy and Whitmore, Los Angeles, California, for the Coachella Valley Employment Relations Consortium in the amount of $3,100 — funds have been requested in the 2003/04 Human Resources Citywide Training Budget. G. REQUEST FOR APPROVAL of Proposal for Growing of Annual Color for Civic Center Park, El Paseo Medians, Portola Community Center, and Visitor Information Center (Contract No. C21390). Rec: By Minute Motion, accept the proposal from Arakawa Nursery, Corona, California, in the amount of $17,124.14 for growing of annual color for the subject locations — funds are available in the Median Maintenance and Civic Center Park Maintenance Accounts. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2003 H. REQUEST FOR APPROVAL of Agreement for Completion of a Phase II Investment Grade Audit (Energy Use) for City Hall and the Desert Willow Facilities (Contract No. C21400). Removed for separate consideration under Section XI, Consent Calendar Items Held Over. Please see that portion of the Minutes for Council discussion and action. REQUEST FOR APPROVAL of Contract with the Police Action Counseling Team for Consultation and Training Services (Contract No. C21410). Removed for separate consideration under Section XI, Consent Calendar Items Held Over. Please see that portion of the Minutes for Council discussion and action. J. REQUEST FOR AWARD OF CONTRACT for Citywide Palm Tree Pruning Program (Contract No. C21200, Project No. 588-03). Rec: By Minute Motion, award the subject contract to TruGreen LandCare, Monrovia, California, in the amount of $29,630.40 and authorize the Mayor to execute same; authorize a 10% contingency for the project in the amount of $2,963.04 — funds are available in the Landscape Maintenance Account. K. REQUEST FOR AWARD OF BID for Construction of a Drywell at the Desert Willow Clubhouse (Contract No. C21420). Rec: By Minute Motion, award the subject bid to Dateland Construction Company, Inc., Coachella, California, in the amount of $7,300 and authorize appropriation of said funds from Account No. 241-4195-495-8092. L. REQUEST FOR EXTENSION of Contract for Parking Lot Sweeping Services for President's Plaza East/West and President's Plaza III (Contract No. C20151). Rec: By Minute Motion: 1) Approve extension of the subject contract with M & M Sweeping, Inc., Thousand Palms, California, in the amount of $7,200 per year ($600/month); 2) authorize the Mayor to execute the agreement — funds are included in the annual President's Plaza Business Improvement District Budgets (Account Nos. 277-4373-433-3091 and 282-4373-433-3091). 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2003 M. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C20350 — Landscape and Irrigation Installation at Sandpiper (Project No. 698-02) (Valley Landscape Service, Palm Desert, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. N. REQUEST FOR AUTHORIZATION to Release Improvement Security for Tract 28590 (Lantana Properties, Applicant). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to release the subject improvement securities. O. REQUEST FOR APPROVAL of Tract Map 29468-1 (Stonebridge Palm Desert, LLC, Applicant). Rec: Waive further reading and adopt Resolution No. 03-83, approving the Final Subdivision Map of Tract No. 29468-1 and approving the agreement relating thereto. P. REQUEST FOR APPROVAL of Final Tract Map 29468-2 (Stonebridge Palm Desert, LLC, Applicant). Rec: Waive further reading and adopt Resolution No. 03-84, approving the Final Subdivision Map of Tract No. 29468-2 and approving the agreement relating thereto. Q. REQUEST FOR APPROVAL of Commissioning of Artwork for the Venezia Development Located at 41-726 Via Aregio, Palm Desert (GHA Enterprises, Applicant). Rec: By Minute Motion, concur with the Art In Public Places Commission for the Applicant to commission Artist Bill Ware to create an artwork for the Venezia Development in the amount of $56,715.84. R. REQUEST FOR AUTHORIZATION to Reimburse Art In Public Places Fees for Artwork Located at 74-900 Gerald Ford Drive (Dutt Hospitality Group, Inc., Applicant). Rec: By Minute Motion, concur with the Art In Public Places Commission to authorize reimbursement of public art fees of $22,095.06 for the artwork located at The Hampton Inn, 74-900 Gerald Ford Drive. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2003 S. REQUEST FOR WAIVER to Transfer Award of Funds Allocated to the City of Palm Desert Under the Juvenile Accountability Incentive Block Grant (JAIBG) to the Riverside County Probation Department. Rec: By Minute Motion, authorize the waiver to transfer the award of funds allocated to the City of Palm Desert under the JAIBG to the Riverside County Probation Department for the purpose of supporting the Coachella Valley Gang Task Force — the waiver would authorize award of $5,103 via the JAIBG. Mayor Pro Tempore Spiegel asked that Item H be removed for separate consideration under Section XI, Consent Items Held Over. Mrs. Gilligan asked that Item I also be removed for separate consideration. Upon motion by Spiegel, second by Kelly, the remainder of the Consent Calendar was approved as presented by a 4-0 vote, with Councilman Crites ABSENT. Xl. CONSENT ITEMS HELD OVER H. REQUEST FOR APPROVAL of Agreement for Completion of a Phase II Investment Grade Audit (Energy Use) for City Hall and the Desert Willow Facilities (Contract No. C21400). Mayor Pro Tempore Spiegel asked staff for an explanation of this item. Mr. Kohn reviewed the staff report, noting that after passage of ABX29, all businesses or agencies over 200kW per day were placed on time of use (TOU) metering. The City subsequently saw significant increases in costs, and staff felt the City should look into something more than the conservation efforts that have already been done. Staff suggested having an energy engineer come in and look at the facility to make recommendations as to what should be done. He said Noresco, an engineering company, had completed a Phase I energy audit, and its report gave the City an idea as to what can be done. The agreement before Council at this time was for Phase II to provide engineering and fixed costs to implement some of those ideas. Mayor Pro Tempore Spiegel noted that Noresco had recommended the expenditure of $2.953 million in capital for a new photovoltaic system, micro - turbines, etc., with a 23.9-year pay back. Mr. Kohn noted there were two proposals, one for City Hall and one for Desert Willow, and it was a combination of solar and micro -turbines for self - generation. Upon further question by Mayor Pro Tempore Spiegel, he said the $36,000 for Phase li would provide a fully -engineered plan and fixed costs to implement that plan. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2003 Councilman Ferguson asked whether Councilman Crites had a chance to review this request, and Mr. Kohn responded that he was not sure. Councilman Ferguson suggested waiting and said he was curious to see whether it fits in with the overall CVAG Energy & Environment policy and how it fits in with some of the other things Councilman Crites has worked on. Mr. Kohn said he did not see any problem in delaying this matter. Mayor Pro Tempore Spiegel moved to continue this matter to the meeting of July 10, 2003. Motion was seconded by Ferguson and carried by a 4-0 vote, with Councilman Crites ABSENT. I. REQUEST FOR APPROVAL of Contract with the Police Action Counseling Team for Consultation and Training Services (Contract No. C21410). Mrs. Gilligan stated that staff had negotiated a little bit further with Dr. Tonkins, who heads up the PACT organization. Originally, a rate of $78.00 per hour had been established, and Dr. Tonkins had increased workers' compensation costs and one other employment insurance cost; therefore, an hourly rate of $85.00 had been negotiated, and that was covered in the amount budgeted. Staff recommended amending the hourly rate to $85.00, with the budget amount to remain the same. Mayor Pro Tempore Spiegel moved to, by Minute Motion, concur with the recommendation of the Public Safety Commission to approve the subject contract with Police Action Counseling Team (P.A.C.T.)/Consultation & Training Psychology Group, PC, Rancho Mirage, California, in the amount of $36,344 and authorize the Mayor to execute same, with an amended hourly rate of $85.00, but with the budget for the contract to remain the same. Motion was seconded by Benson and carried by a 4-0 vote, with Councilman Crites ABSENT. XII. RESOLUTIONS A. RESOLUTION NO. 03-85 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, EXTENDING THE EXPIRATION DATE OF ITS CABLE TELEVISION FRANCHISE AGREEMENT WITH TIME WARNER CABLE FROM JUNE 30, 2003, THROUGH DECEMBER 31, 2003. Mayor Pro Tempore Spiegel moved to waive further reading and adopt Resolution No. 03-85. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman Crites ABSENT. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2003 XIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1050 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 23 TO THE PALM DESERT MUNICIPAL CODE TO REQUIRE THAT FUTURE DEDICATIONS OF ELECTRICITY DISTRIBUTION FACILITIES BE MADE TO THE CITY. Councilman Ferguson moved to waive further reading and adopt Ordinance No. 1050. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman Crites ABSENT. XIV. NEW BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR CITY ANIMAL CONTROL SERVICES FOR FISCAL YEAR 2003/04 (CONTRACT NO. C21430). Mayor Pro Tempore Spiegel moved to, by Minute Motion, award the subject contract to Riverside County, Department of Animal Services, beginning July 1, 2003, and ending June 30, 2004, in the amount of $114,782 and authorize the Mayor to execute same. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman Crites ABSENT. B. REQUEST FOR AWARD OF CONTRACTS FOR PROFESSIONAL SERVICES FOR BUILDING PLAN REVIEW SERVICES FOR FISCAL YEAR 2003/04. Mayor Pro Tempore Spiegel moved to, by Minute Motion, award the subject professional services agreements to Esgil Corporation, San Diego, California (Contract No. C21440A), and California Code Check, Newbury Park, California (Contract No. C21440B), each with a beginning date of July 1, 2003, and ending date of June 30, 2004, and shall not exceed the set amount in Account No. 110-4420-422-3010, as set forth in the 2003/04 Budget. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman Crites ABSENT. C. REQUEST FOR EXTENSION OF CONTRACT FOR GRAFFITI REMOVAL SERVICES (CONTRACT NO. C08329). Councilman Ferguson said he felt the City receives excellent service from SunLine and SunLine Services Group and has for many years on street sweeping and graffiti removal; however, he would feel more comfortable at 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2003 this point following the lead of RCTC and other organizations and going on a month -to -month until the final audits are completed and there is a much clearer picture of their financial situation. Councilman Kelly said he felt this was something the City needs to have, and if for some reason SunLine Services Group ceases to exist, that would stop the contract. He said he did not see any reason not to move forward with this contract extension. Councilman Ferguson noted that the City has numerous one-year contracts which roll over to month -to -month unless 30 days' notice is provided by either party. Councilman Kelly suggested adding a clause that the contract can be canceled with 30 days' notice. Mayor Benson agreed with Councilman Ferguson and said she would feel more comfortable having the contract month -to -month until the audit is completed. Councilman Kelly moved to, by Minute Motion, approve the subject contract extension with SunLine Services Group (SSG), Thousand Palms, California, in the amount of $70,512 per year ($5,876/month) and authorize the Mayor to execute same, with the condition that a clause for 30 days' right to cancel be added to the agreement. Motion was seconded by Spiegel and carried by a 3-1 vote, with Mayor Benson voting NO and Councilman Crites ABSENT. D. REQUEST FOR EXTENSION OF CONTRACT FOR STREET SWEEPING SERVICES (CONTRACT NO. C16654). Mr. Ortega noted that after the report as written and the Agenda typed, staff received notice that the $27.50 per curb mile may not be the correct amount. Staff was advised that the cost would be approximately $9.00 per curb mile additional. A committee looked at this and came back with a recommendation; however, he had instructed the City's Finance Department to look at the numbers and the Public Works Department to look at an alternative if needed. He recommended that the City contract for these services but that the City have the ability to either renew (if month -to -month) or to cancel upon 30 days' notice. Upon question by Council, he said staff had the proposal but had not had an opportunity yet to review it. Mayor Pro Tempore Spiegel moved to, by Minute Motion, approve an extension of the agreement on a month -to -month basis with an increased curb mile rate, approximately $36.00, reserving the option to extend or cancel once the final rate is determined. Motion was seconded by Kelly and carried by a 3-1 vote, with Councilman Ferguson voting NO and Councilman Crites ABSENT. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2003 E. REQUEST FOR APPROVAL OF CONTRACT FOR PRINTING OF THE MONTHLY BRIGHT SIDE NEWSLETTER (CONTRACT NO. C21450). Mayor Pro Tempore Spiegel moved to, by Minute Motion, approve the subject agreement with Coachella Valley Printing Group, Indio, California, in the amount of $58,512 ($4,876/month) for Fiscal Year 2003/04 — funds have been appropriated in Account No. 110-4417- 414-3610. Motion was seconded by Ferguson and carried by a 4-0 vote, with Councilman Crites ABSENT. F. REQUEST FOR APPROVAL OF AGREEMENT BETWEEN THE CITY OF PALM DESERT AND THE COUNTY OF RIVERSIDE FOR ANIMAL SHELTER SERVICES AND BYLAWS OF THE COACHELLA VALLEY ANIMAL CAMPUS. Special Projects Administrator Pat Conlon noted the staff report in the packets and offered to answer any questions. Mayor Pro Tempore Spiegel moved to, by Minute Motion: 1) Approve contract between the City of Palm Desert and the County of Riverside for animal shelter services, which commences upon construction completion of the Coachella Valley Animal Campus (Contract No. C21460); 2) approve the Bylaws of the Coachella Valley Animal Campus, establishing the Animal Campus Commission. Motion was seconded by Ferguson and carried by a 4-0 vote, with Councilman Crites ABSENT. G. REQUEST FOR APPROVAL OF THE PRESIDENT'S PLAZA III BUSINESS IMPROVEMENT DISTRICT ANNUAL BUDGET FOR FISCAL YEAR 2003/04. Mayor Pro Tempore Spiegel moved to: 1) Waive further reading and adopt Resolution No. 03-86, ordering the levy and collection of assessments for the President's Plaza III Property and Business Improvement Assessment District, Fiscal Year 2003/04; 2) by Minute Motion, approve the Management District Plan for President's Plaza III Property and Business Improvement Assessment District, Fiscal Year 2003/04. Motion was seconded by Kelly and carried by a 3-0-1 vote, with Councilman Ferguson ABSTAINING and Councilman Crites ABSENT. H. REQUEST FOR AWARD OF BID FOR PURCHASE OF L.E.D. TRAFFIC SIGNAL MODULES. Mr. Greenwood noted that the request was that this expenditure come out of the 2002/2003 Traffic Signal Maintenance Budget. Upon question by Mayor Pro Tempore Spiegel, he said the modules were warranted for five years. He said the City had quite a number that were four years old now, and this batch was to replace them as needed. He added that heat was the major factor that affects L.E.D. lighting. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2003 Mayor Pro Tempore Spiegel moved to, by Minute Motion, award bid for 1,000 L.E.D. Traffic Signal Indications to Dialight Corporation, Farmingdale, New Jersey, in the amount of $56,245.50 -- expenditure to be made from the 2002/03 Traffic Signal Maintenance Budget, Account No. 110-4250-433-3325. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman Crites ABSENT. I. REQUEST FOR APPROPRIATION, TO APPROPRIATE UNOBLIGATED MEASURE "A" FUNDS TO THE FRED WARING DRIVE IMPROVEMENT ACCOUNT (PROJECT NO. 651-99). Staff requested that this item be continued until July 10, 2003, as staff is continuing to receive new information regarding the funding concerns. Councilman Kelly moved to continue this matter to the meeting of July 10, 2003. Motion was seconded by Spiegel and carried by a 4-0 vote, with Councilman Crites ABSENT. J. REQUEST FOR APPROVAL OF SOUTHERN CALIFORNIA EDISON (SCE) WORK ORDER FOR UNDERGROUNDING EXISTING OVERHEAD UTILITY LINES ON MAGNESIA FALLS DRIVE (CONTRACT NO. C21470). Councilman Kelly asked whether plans were to underground all of the overhead utility lines along Portola Avenue. Mr. Conlon responded that when the intersection of Portola and Magnesia Falls is improved, the utility lines in that area will be undergrounded. As far as the rest of Portola Avenue, that was included in the City's arterial undergrounding plan, although a date had not yet been set for it to be done. Councilman Kelly moved to, by Minute Motion: 1) Approve the subject SCE Work Order No. 3-7104-6779-7175 in the amount of $321,955; 2) authorize the Director of Finance to utilize said amount from Account No. 400-4626-433-4001, which is already in the Budget for this project. Motion was seconded by Spiegel and carried by a 4-0 vote, with Councilman Crites ABSENT. XV. CONTINUED BUSINESS None 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2003 XVI. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT AND APPROVAL OF RELATED ACTIONS FOR SILVER SPUR RANCH UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 01-01. Councilman Ferguson moved to, by Minute Motion: 1) Award contract for construction of the Silver Spur Ranch Underground Utility Assessment District No. 01-01 to J. Fletcher Creamer & Son, Inc., Sylmar, California, in the amount of $1,982,806 (Contract No. C20650); 2) authorize approval of Southern California Edison (SCE) Work Order No. 6779-7169, 17109 in the amount of $961,339 for the Silver Spur Ranch Underground Utility Assessment District No. 01-01 (Contract No. C20650A);3) authorize approval of Verizon Work Order No. 0547-7P001 DG in the amount of $165,209.76 for Silver Spur Ranch Underground Utility Assessment District No. 01-01 (Contract No. C20650B); 4) authorize a 10% contingency for Contract No. C20650 in the amount of $198,280.00. Motion was seconded by Spiegel and carried by a 4-0 vote, with Councilman Crites ABSENT. B. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE PALM DESERT LIBRARY PUBLIC PARKING LOT EXPANSION (CONTRACT NO. C20900B). Upon question by Mayor Pro Tempore Spiegel, Mr. Conlon responded that staff was hoping for completion before Labor Day in September. Councilman Kelly moved to, by Minute Motion: 1) Authorize award of the subject contract to Contreras Construction Company, Indio, California, in the amount of $90,494.55 and authorize the Mayor to execute same; 2) authorize a 10% contingency for the project in the amount of $9,049; 3) authorize the Director of Finance to appropriate an additional $20,000 from Unallocated Library Fund Reserves into Account No. 452-4662-454-4001 for this project. Motion was seconded by Spiegel and carried by a 4-0 vote, with Councilman Crites ABSENT. C. REQUEST FOR AWARD OF CONTRACT FOR CONSOLIDATED LANDSCAPE MAINTENANCE AREA NO. 7 (CONTRACT NO. C20850, PROJECT NO. 907-03). Mayor Pro Tempore Spiegel moved to, by Minute Motion, award the subject contract to Garza Landscaping, Indio, California, in the amount of $63,840 and authorize the Mayor to execute same — funds are available in the various Assessment District Maintenance Accounts. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman Crites ABSENT. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2003 D. REQUEST FOR AWARD OF CONTRACT, FOR CONSOLIDATED LANDSCAPE MAINTENANCE AREA NO. 2 (CONTRACT NO. C20970, PROJECT NO. 902-03). Mayor Pro Tempore Spiegel moved to, by Minute Motion, award the subject contract to Sunflower Landscaping, Indio, California, in the amount of $80,268 and authorize the Mayor to execute same — funds are available in the Median Maintenance Account No. 110-4611-453-3370. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman Crites ABSENT. E. REQUEST FOR AWARD OF CONTRACT, FOR CONSOLIDATED LANDSCAPE MAINTENANCE AREA NO. 4 (CONTRACT No. C20980, PROJECT NO. 904-03). Councilman Kelly moved to, by Minute Motion, award the subject contract to Sunflower Landscaping, Indio, California, in the amount of $90,828 and authorize the Mayor to execute same — funds are available in the Median Maintenance Account No. 110-4611-453-3370. Motion was seconded by Spiegel and carried by a 4-0 vote, with Councilman Crites ABSENT. F. REQUEST FOR AWARD OF CONTRACT, FOR CONSOLIDATED LANDSCAPE MAINTENANCE AREA NO. 5 (CONTRACT NO. C20990, PROJECT NO. 905-03). Councilman Kelly moved to, by Minute Motion, award the subject contract to Steven Burt & Associates, Bermuda Dunes, California, in the amount of $120,408 and authorize the Mayor to execute same -- funds are available in the Tri-Cities Landscape Maintenance Account. Motion was seconded by Spiegel and carried by a 4-0 vote, with Councilman Crites ABSENT. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2003 XVI1. PUBLIC HEARINGS A. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO THE HILLSIDE PLANNED RESIDENTIAL DISTRICT, CHAPTER 25.15 OF THE PALM DESERT MUNICIPAL CODE, AND THE WEST HILLS SPECIFIC PLAN Case Nos. GPA 03-04 and ZOA 02-06 (City of Palm Desert, Applicant). Following is a verbatim transcript of this matter. Key JMB Jean M. Benson, Mayor SS Steve Smith, Planning Manager RAS Robert A. Spiegel, Mayor Pro Tempore JF Jim Ferguson, Councilman RSK Richard S. Kelly, Councilman DN David Nelson BK Bruce Kuykendall FM Fred Messreni JM Dr. Jerry Meints HP Hayward Pardue DC Dori Cree JCO Juan Carlos Ochoa LG Lori Gagnon GG Gina Gagnon RH Robert Hargreaves, Deputy City Attorney RDK Rachelle D. Klassen, City Clerk JMB First public hearing...Consideration of approval of an amendment to the Hillside Planned Residential District, Chapter 25.15 of the Palm Desert Municipal Code, and the West Hills Specific Plan, Case Nos. GPA 03-04 and ZOA 02-06 (City of Palm Desert, Applicant). SS Good afternoon. This matter was continued from your meeting of May 22"d In addition, we did renotice it as a public hearing relative to the changes which you directed us to make. Specifically, at your meeting of May 22"d, you asked us to come up with conditions relative to the maximum size of dwelling units in the hillside area. We have done that. We have inserted it at the appropriate place in the draft documents. What we're recommending is that in the hillside areas with greater than 10% average slope, the maximum dwelling unit size including garage and accessory structures be set at 4,000 square feet and that in the hillside areas of less than 10% slope that the maximum unit size be set at 35% of the approved pad size. I can indicate that we did meet with several property owners in the area prior to coming up 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2003 with this recommendation, and I think basically I'll stop there, and if people have any questions I'd be pleased to try and answer them. RAS There is no height limitation? SS Not as it currently stands. There was no height limit in the original document. We did have that discussion...with the additional architectural controls that we have added into this document...I'm not so sure that we necessarily need height restrictions in that there are instances where you have significant slope conditions that you might want to be able to do two-story. And you still do have the architectural control and you're also...what's the word I was looking for...you also have the strengthened lines under...or conditions under purpose where the protection of the view sheds is specified. If you wish, we could limit it to...we could come up with height limits, but up to this point, no (inaudible) RAS In the City, what's the height limit on the single -story home? SS 18 feet maximum. The R-1 districts are limited to one-story. RAS So if someone wanted to build a two-story house, they'd have to do it in 3,500 square feet. SS Yes, plus a garage. Typical two-story development in the City is limited to 24 feet. JF Is it your understanding of either the proposed ordinance or the existing ordinance that people are allowed to build two-story homes on the hillside? SS Yes. We haven't had one to review, but... JF But if somebody hypothetically submitted plans for one, we'd have to process it. SS Correct. RAS Is there really a need for a two-story house on the hillside? JF A different question. SS There are some very steep hillside conditions where, rather than seeing a lot of fill in order to create a one-story dwelling, you might in fact prefer a two- story structure, where it's back behind a ridge somewhere where it's not visible. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2003 RAS But could we put the limitation as to one-story and if something like that did exist that it would go through the Planning Commission and come to the City Council for a variance? SS RSK SS JMB I wouldn't suggest a variance, but we could certainly come up with language that would, under very limited circumstances, allow a two-story home to be processed where it meets certain specific criteria. There might be a situation where house pad you actually might put another level that would be drop off behind the hill and actually be a big improvement over extra footage that wasn't at a two -level. It wouldn't be like a two-story as much as it would be a split-level. The mall is a good example. From the front you would never know it's double layered because of the terrain. It's quite common where you have homes with basements or they have walk- out basements with the street level at a higher level, so...it just seems to me that you'd want to keep that option available where it might be advantageous to all concerned. Question, Jim? I do have...it is a public hearing and I do have some speakers. First one is...so I'll open the public hearing. The first one is David Nelson. DN Honorable Mayor, Councilmembers, my name is David Nelson. I live at 72595 Beavertail Street, Palm Desert. As I've stated in the past, I am for the staff recommendation of Alternate A. I am, however, against any square foot building limitation. It is my contention that the whole premise of square footage somehow equating to visibility is false. The size of the walls you see and the contrast of those walls do have an effect on visibility, but there is no way that you can tell, excuse me, how many square feet a building has by looking at one or two walls that are exposed to the Valley. I submitted to you, and...can I get overhead projector...this is a 1,830 square foot home on Upper Way West (inaudible) and overlaid it with (inaudible)...and that's a 6,972 square feet. From looking at it, you cannot tell that there is an additional 5,000 square feet of house in behind it because you don't see it. It has been stated that the limit is being placed on this area in order to preserve the hillside, but I haven't seen any documentation or evidence stating that square footage somehow equates to visibility. Again, it is my contention it does not. The new ordinance as written does have valid constraints and protections that will ensure that what is built on the hillside will have minimal visibility. I think proper design and visibility should be the concern, not the square footage. If you do it right, you can't see it. Thank you JMB The next one is Bruce Kuykendall. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2003 BK Good afternoon, Councilmembers. My name is Bruce Kuykendall. I've resided in Palm Desert for 23 years. I'm a grading contractor, and I specialize in hillside development. I currently own 52 acres of hillside properties in the upper Cahuilla Hills and also own the adjacent five -acre piece next to the recently approved Stone Eagle Project. About four years ago, Bighorn and I helping them, we approached the City in reference to twelve hillside lots. We got approval for those twelve, that was Phase I, and we also got another approval for another eight lots in the second phase. The hillside development consisted of 12,000 to 14,000 square foot pads. The conditions of approval, which we worked with the Architectural Review Committee, were some, some ideas that we came up with were natural colors, rock veneers, non -reflective glass, non -reflective roofing materials, naturalization of disturbed hillsides, setbacks from the property such as if you can see my face right now, but if I set back a little bit, you can't see my face (inaudible). There's all kinds of tricks to put these projects...put a home on these hillsides with limited visibility such as the recently completed 12,000 square foot home that was built in Bighorn that was built spread out over two lots. It's a split-level with a detached casita, a detached garage, and a detached guest home above the garage. This home is on the market for $12 million. I recently bought the five -acre parcel next to Stone Eagle which if we looked at the mural up there I would say I own the last sixth of that mural. The other part of it is 1,800 running foot with a view corridor. There will be a roughly a 14,000 square foot clubhouse, 44 units, parking for 200, golf facility, maintenance facility, driving range. And just across this invisible line, which is the property line, I'm now being restricted, if this passes, to 4,000 square foot. The lay of my land, I could put a 10,000 or I could put a 20,000 square foot pad on my five acres the way it lays, and you would not be able to see the structure from the Valley. The Stone Eagle Project's usage is roughly about 8,000 square foot per five. We're being limited to roughly 4,000. So what I'm asking is that you would reconsider this and take it on a case by case basis, which we've done in Bighorn. It has to be approved from the homeowners association, then we come down and work with the architectural board, we submit models with setbacks showing the rock, the naturalization, and we also put up our 18-foot PVC poles and then drive the...drove Highway 74 to see the impact of that structure before it was built and to see the visibility of it. So again, I highly recommend that we take this on a case by case basis, adopt some, some conditions of natural colors, rock veneers, non -reflective glass. Thank you for your time. JMB The next card I have is Fred Messreni. FM Thank you Madam Mayor. Honorable members of the City Council, staff, my name is Fred Messreni. I reside at 72-910 Homestead Road, Palm Desert, actually within line sight of the properties in question. It's my neighborhood, it is the backdrop of my view corridor, so to speak. And I'm one of those fellows who shows up at City Hall every very now and then, and nobody 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2003 knows who I am because I'm just no hanging out at City Hall but not because I'm not interested in the community, I'm very familiar with these kinds of proceedings. I, like you, at a (inaudible) point in my life shared community service in the San Francisco Bay area, I was their Mayor, Councilmember, and served in elective office. And I came here today because it's my back yard issue. But it's my back yard issue in a perspective that I'd like to share with you. Beauty is in the eye of the beholder obviously. Those hills can very easily become the eyesore this Council, this City, is attempting to prevent by being overly rigid, by painting yourselves into a box with specifications that were talked about very briefly in some of your earlier comments...18 foot heights, two-story buildings...and to try and engineer n an ordinance those kinds of specifications I believe has the possibility, in fact the probability, of the law of unintended consequences coming into play, and when that happens, it has been my experience, such as it was, that good intentions are not spared the law of unintended consequences. I have the recent opportunity to go up to the Bay area to visit family. My daughter was getting married. And I was horrified. I left the Bay area some eleven years ago, and at the time I stepped down from public service, there was a group who called themselves "Save our Hills" rallying behind the emotion in the community to not damage the pristine beauty of the Las Pampas hillside in the San Ramon Valley, and I went back and it was tier upon tier of naked, un- softened, un-vegetated houses and facades as far as the eye could see. I wanted to vomit. It was caused by a group of well-intentioned people who in the final analysis were struck by the law of unintended consequences and the power, the ability to control it after the fact, just went away. In architectural review, you have the opportunity to deal tastefully with design that is appropriate for a specific site and do what is in the best interests of the view (inaudible). I happen to believe that something that is more massive can be more attractive than something, especially in the distance, that might be large in square footage and shows up like a sore thumb. Something small may look like a little ticky tack house and a shack, and large does equate to some extent with value, and value does equate to some extent to affordability of the individual who owns it. We may be better off by not restricting ourselves to smaller is better. From a distance of Homestead Road or Highway 74, they may look like a bunch of ticky tack matchboxes. You get too many of them up there that look like that, it's going to look like a shanty town. (Inaudible) and size can create architectural magnificence. There have been some excellent examples of how natural materials can blend into the background. Please don't limit yourself. We may live to regret it. Thank you for your time. JMB Might try Scottsdale if you want to see what they did (inaudible) in the Bay area. (Inaudible) 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2003 JMB I said Scottsdale has the same problem after they let the first house up there, too. (Inaudible) JMB Right. Okay, the next card I have is Jerry Meints. JM Madam Mayor, honorable Councilmen, my name is Dr. Jerry Meints. I reside at 71-450 Painted Canyon, Cahuilla Hills, Palm Desert. I've been up there for 35 years. I'm also the Director of Village Counseling here in Palm Desert, and I have a lot of respect for this city and this council; in fact, I've been involved intensely with both Planning, Architectural Review, the Council, and the changes actually that the City helped me do to my building on Highway 111 next door to the infamous Red Barn have been really most appreciated. So I've really had an opportunity to see this city in action and its ability to require and encourage and really mandate tasteful architectural design, quality aesthetics, and even a preference in this city for naturalistic colors and architectural styles. It's pretty good. The City even helped me do a face lift on my building which, without a doubt, was one of the ugliest buildings on Highway 111. It undoubtedly also was one of the oldest, built in 1956, and my hat's off to the City for them helping me take a really good design and put it into a finished product that I think we're all proud of. What I know about this process here, having lived in Cahuilla Hills for over 35 years and considering myself a recovering naturalist, a person who believes in fitting in to nature, I built my home to not stick out like a sore thumb, to fit in to the natural terrain, it was placed in a saddle where it wouldn't be visible and ugly. And I also think that other building has been encouraged by this city to do the same thing. We also know that a lot happened in the Cahuilla Hills before this city was incorporated, and some of it is very unsightly. And most of them that are very unsightly are very small. And the reason they're unsightly is that the City really didn't have any control in those days. What I know about control is that sometimes it can be phenomenal, and we have a city to be proud of. I tell people from other parts of the country, we live in Disneyland, this is a magic kingdom, and we have a city that's run well and operates in the black, and that's pretty amazing. Controls, however, can be, as was stated earlier today, overly rigid, arbitrary, and create limits that produce consequences that later we're really not happy with. I'm going to butcher some Greek mythology here, if you'll bear with me, and that's...what we're proposing tonight, and what we may vote on, unless some clarity comes to bear, is a Procrustean bed, and Procrustes was a big tall guy, he was about seven feet tall, and he had to sleep in this castle in a bed that was only five feet tall. And every night about midnight, Buford will never forgive me for this because I know he knows the myth, every night about midnight, this big guillotine drops down and cuts off the legs of anybody hanging outside that five feet. And I think that's what we're doing here with these arbitrary limits. In other words, we're taking really more general limits that apply to most 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2003 other areas in our City and reducing them to a Procrustean bed. What I prefer instead is a dynamite Planning Department and a really aesthetically oriented Architectural Review Committee and ultimately the approval of City Council that can take these homes that are asking to be developed in different sizes on a case by case basis. Let's trust these fine people that you've employed and let them do their job, and if they tell you something's going to stick out like a sore thumb like some of those that are up there right now, well don't pass it. Let's not build a bed that's going to cut off the legs of people in an unfair way. And I say unfair because I happen to be not only a homeowner inside the Cahuilla Hills of Section 36, which is inside the County, but I'm also a property owner inside Section 30. I'm one of the nine folks that's being annexed against their will into the City, and this City Council promised that they would protect us and not allow our lights, our rights rather, to be reduced. But that's not happening. We're looking at reduced home sizes, reduced lot sizes. We've lost our equestrian rights and as you know, because I've spoken to this Council, my wife and I, who have four children, all of which are all grown up now and in college and away from the home except for our 12-year-old daughter, we wanted to build a much smaller house on our three acres where my daughter can ride her little ponies and we wanted to down -size our life and live a little more simply. That's not possible being annexed into the City, and moreover, I want you to know, Fred, you can't see me from your house because only seven of us nine properties up there in the Crest can be even seen from the City. So, to impose restrictions on us that you can't find unless you're in an airplane or hiking up there, to impose restrictions on us that maybe should apply and should be dictated by Planning and Architectural Review, on folks that are visible from the City, is unfair, and it creates a drastic Procrustean bed. So once again, I implore this Council to consider the absolute viability of the great staff you have that would back you in your quest to make this city as beautiful and as naturalistic as possible and to protect the unsightly development on those hills but at the same time allow us homeowners to develop our properties in line with the aesthetics that your staff would dictate instead of cutting off our feet right below the knees before we even get out of the starting gate. Moreover, since you can't see us, and also since Dave Kelley showed us some pretty convincing pictures that really if it's done right, if it's designed properly, you can't tell a 7,000 square foot house from an 1,800 square foot house, and that's what the fine architects in this community can produce. So I want to challenge this Council not to create a Procrustean bed. I want to encourage that one little piece I like, Mr. Ferguson, in proposal B, you know a minimum of 10,000 square foot pad to be slid over to proposal 8. I also want to encourage this Council to allow your staff to evaluate these homes case by case. Stop it where it needs to be stopped. Don't create a Procrustean bed. Don't lop us off without giving every property a fair chance to be head and to be reviewed and to be evaluated and to be voted on by you folks. Finally, I want to suggest that this is going to be an easy vote if you just take what's written and move forward. But that may not be the best 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2003 path. It might be wise to, you know, stretch the bed here a little so Procrustes can keep his legs and some of us property owners up there can keep the value that we've worked so hard to purchase in our homesites. Thank you. JMB That's all the cards I have. Are there anyone else that would like to speak? HP Yes, Hayward Pardue, 47455 South Cliff Drive, Palm Desert. In my opinion, a limit on the size of the residential structures in appropriate in an area where the City has already imposed a five -acre minimum lot size to reduce the density in any further development. (Inaudible) there's nothing similar to these proposed size restrictions on hillside parcels in other parts of the City. It seems more appropriate means to assure the home blends in with the surrounding hillside would be through architectural controls and site selection of proposed elevations and the color and texture of the finish. Thank you. JMB Anyone else that would like to speak? DC Dori Cree, 47205 South Cliff Road. I very much agree with the speakers who have gone before me. I live in a two-story house which is on a very steep slope on the hillside, and you absolutely cannot see the other half of my house, it's in the back. All you see is the front part, that's the only part that's visible to the City. And I also would recommend that the City look at this on a case by case basis because those lots up there on the hillside, they vary so greatly, and there's just so much room on a five -acre parcel to put a guest casita or to put another little building that nobody would see unless as the other gentleman said you were in an airplane flying over it. And I implore Council not to restrict us in the manner you're thinking of doing. Thank you. JMB Thank you. JCO Hi, my name is Juan Carlos Ochoa. I'm not a resident of this Cahilla Hills area, although I am a local architect. And I have worked in Bighorn, I have designed several homes there. But really what I would like to point out is I don't know if many people here are aware of a development above the Andreas Canyon in Palm Springs, homes that you can virtually not see, and those homes are blended real well with the environment and most of them have rock facades so it is really almost impossible without really paying attention that the homes are there. I don't know how many there are, there are at least seven, maybe more than that. And the point that I'm trying to make is that if you give us an opportunity to work with not only colors, materials, the design, how the site is, really making a challenge for us, we can be creative. And so, I definitely would echo the words of all the people who have come in front of me that this amendment should not be passed. I think that we can surely be (inaudible) just we do in Bighorn and other developments on a case by case project. Thank you. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2003 JMB Thank you. Anyone else that would like to speak? LG Lori Gagnon, I reside at 46211 Edgehill in Palm Desert, and our family is definitely in favor of A, but again we need to have the flexibility for everyone there to have, to work with the lay of the land and also with the landscaping and not to be restricted on building size. We've been there for 27 years. JMB Thank you. Anyone else? GG Good afternoon. My name is Gina Gagnon, I reside at 46211 Edgehill. And I would just like to say that I agree with my neighbors in terms of the present ordinance and its restrictive nature as well as the...as the wording is currently on the limitation of dwelling size, the restriction of property rights. I would like to recommend, if it hasn't been done already, if perhaps City Council has staff take a look at what's been done in the other communities, city communities, as it relates to hillside development, and in that context, see how we can adapt what is currently written into the ordinance in terms of a framework for responsible standards which does not limit the house, the dwelling size. And, again, I second the or agree that every parcel should be looked at on a case by case basis. Every parcel is extremely unique there, and that's what gives us the beauty that we have to look at, at the mountain and its diversity. Thank you. JMB Anyone else? If not, I'II close the public hearing. Questions? JF I would like...this is a procedural question for the City Attorney. We had an ordinance that we passed on first reading. Is that gone now? Is this a new first reading? (Inaudible) ordinance for adoption. Where are we at in this whole process? RH If we have an ordinance and we make any substantial change, it comes back for first reading. JF First reading? RH This would be a first reading. RSK Well, it seems to me that we are dealing with size when color is a lot more important than size because you see buildings on hillsides that are...has the colors that are in the hillsides and they just blend in. And I know the ones in Palm Springs that were mentioned, they've been there for 50 years, some of...in one location. You wouldn't even know they're there. So maybe we're dealing with too much with size and not paying more attention to color restrictions. The other thing is I have a tendency to concur that hillsides is a special place and it has a lot of...seems like every lot is a different configuration, and to try to set certain rules that will fit all situations, it's kind 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2003 JF of like setting the rules for the size of a suit when everybody's built different, so you know the best suit is one that you get tailored. And I think maybe we should think more about the architecture and the color and the idea that there are so few building locations left there that it wouldn't be that big a deal if the Council looked at every one. I don't disagree with anything that you've said. I think at the first reading I made a suggestion that we limit the size. I'd have to go back and look at the Minutes, but I think it was me, and I don't mind taking responsibility for that, if I was wrong, and I wanted to hear from you folks and obviously we have. I don't know in my head right now what is the right restriction. I think we all...I try to...want to get us all to start at a point where we agree and then kind of fan out and see where we disagree. The one common thread I'm hearing among everybody is that we all want to preserve the nature and the beauty of the hillsides. Having said that, that was real easy to do with The Canyons at Bighorn because you did it all at once, and you knew that of 57 acres that CVWD owned on the east side, you were only going to have 18 and 14 pads ultimately drawn, and they were contoured into bowls, they were deliberately hidden and set back, and everything that you folks have been talking about was done on paper beforehand, and the whole thing went in as one project. When you go in on a hillside with multiple owners, multiple lots, and multiple motivations behind the property owners, not necessarily bad but just different in varying degrees, it's hard to master plan a hillside, and so at least my desire in taking a look at this ordinance was to try and get something that we could all agree on, that gave you guys fair notice from what our current ordinance is, which is high rating, wide open, vary ambiguous, everything is a case by case basis, and when two homes get treated differently, the first thing they want to talk about is how they're being discriminated against if they' don't like it or why they're special and should be treated differently if they do like it. And that to me is just a wavering standard that goes back and forth and at no point in any discussions on the ordinance was any expression taken away from the Architectural Review Commission or the Planning Commission or the Landscape Committee or ultimately this Council. What I was hoping for was that we would get some standards that we can all agree on and from what I'm hearing tonight the one that we don't agree on is the limitation on the pad size. And I think (inaudible) had one of the better suggestions in contrast with one of the earlier gentlemen that spoke. I would be more than inclined to continue this and take a look at jurisdictions that have effectively handled hillside growth instead of looking at ones that didn't and blaming environmental groups or well -intended citizens or whomever else. I don't want to repeat their mistakes, but I sense that if we do nothing, by default we will be repeating those mistakes. And commissions change, councils change, we're in the middle of a General Plan Update to design a set of blueprints for our city for the next 25 years, and if takes a little additional time to see what communities have done it right and we can incorporate that into a master plan that you folks can agree with, that we can 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2003 JMB RAS agree with, maybe, just maybe, you know, by the time your children are looking to build homes, that hillside will look roughly the same way that it is now. I think...at least that's my goal, and I guess my preference, rather than try and hammer out square footages or disregard them tonight, would be to continue it and take a further look at it. I would just add to what you said. I agree with it. I think we also were looking for something in case the ownership of the lot changes as well, we'd know that people that have it now have a good intention, but we don't know what the people they're going to sell it to might have the same good intentions, so I think that's what... trying to come to some common ground on was the purpose of doing this. Let me preface my remarks by saying that I'd be very happy if nothing was built on the hillside. I have taken that stance for the last ten years, on the Planning Commission and on the City Council. With that said, that will never happen. But I do believe that pad size is important because if you don't have pad size, you can have row houses. And I don't think we want row houses on the hillside. Also, Dr. Meints, the Procrustean bed, I don't know that I'm pronouncing it correctly, would fit inside a 4,000 square foot house, I would think, because it's only five feet long. In fact, you could have a seven -foot bed, I think, inside a 4,000 square foot house. Someone made the comment that they want a fair chance to be heard. This is like the fifth time, I think, that we've had it on our Agenda, so I think everybody's had a fair chance to get to us. I just don't want row houses on the hillside. I don't want our hillside destroyed. The comments were well -taken that you have a setback and it's the back of it and so on, size isn't that important. Well, that's true, probably is true. But I think we have to have some kind of restrictions because without that we're going to end up with something that I don't think anybody in Palm Desert will be happy with. RSK One more comment. I feel a little bit hurt that...by the statement that if we don't do something, we're doing nothing since the first committee I sat on 20 years ago when I was elected to the Council was the committee that wrote the existing hillside ordinance. And it seems to me that it's done a pretty good job over the last 20 years, so I don't call that doing nothing. JF I apologize if I implied that. What I intended to mean is that one thing I'm fairly sure of is that none of us will be here 25 years from now, and it would be nice to have some greater guidelines. Our current ordinance has a lot of discretion in it, and we have gone on a case by case basis to the chagrin of some property owners. But the desire was to get something more definitive going into the future, not to be critical of what we've done in the past. RSK Thank you. 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2003 RAS So are you suggesting that we continue this? JF I would, yes. RAS Is that a motion? JF I'II make that motion. RAS I'll second it. RDK Did you want to reopen your public hearing in order to do that or was it time uncertain? JF I would make it time uncertain at this point. I don't know that we're going to get it done in two weeks. RSK I don't see the urgency. We've been playing with it for 20 years, so... JMB Vote. RAS Just one last comment. We've heard from all of you. You're more than welcome to come to all the meetings, but just make a recording this time and send it to us, and we'll listen to it before the meeting if you have any changes in your views. RDK Motion carries 4-0. For purposes of clarification: Councilman Ferguson moved to, by Minute Motion, continue consideration of Case Nos. GPA 03-04 and ZOA 02-06 (Hillside Ordinance and West Hills Specific Plan) this matter indefinitely. Motion was seconded by Spiegel and carried by 4-0 vote, with Councilman Crites ABSENT. B. CONSIDERATION OF THE ADOPTION OF THE CITY MANAGER'S AND EXECUTIVE DIRECTOR'S PROPOSED FINANCIAL PLAN FOR FISCAL YEAR 2003/04 (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY AND THE PALM DESERT HOUSING AUTHORITY). Mr. Ortega noted the staff report and recommendation in the packets and offered to answer any questions. He noted that the proposed budget was a balanced budget. He stated that Ordinance No. 1051 dealt with Council salaries and provided for a cost of living increase for Council, provided for compensation as members of the Housing Authority, and also provided for compensation as members of the Redevelopment Agency. Upon question by Mayor Pro TemporeNice Chairman Spiegel, Mr. Ortega responded that the cost of living increase was 3.9% for the Council. He also requested that 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2003 an additional item be added to the Agenda dealing with compensation for Redevelopment Agency Legal Counsel, which was inadvertently omitted from the Agenda recommendations. Councilman/Member Ferguson moved to add this item to the Agenda. Motion was seconded by Spiegel and carried by a 4-0 vote, with Councilman/Member Crites ABSENT. Mr. McCarthy noted that a request had been received from Redevelopment Agency Legal Counsel (Richards, Watson & Gershon) to amend the fee schedule for the partners and legal staff in terms of paralegals and assistants. The current rate for the partners was $175 per hour, and this was established in 2000. The request was that the amount be amended to $185 per hour. With regard to paralegals and legal assistants, the request was for a $5 per hour increase to $95 per hour. Mayor Benson declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. With no testimony offered, she declared the public hearing closed. Mayor Pro Tempore/Vice Chairman Spiegel moved to: A) Waive further reading and: 1) Adopt Resolution No. 03-87, adopting a City Program and Financial Plan for the Fiscal Year July 1, 2003, through June 30, 2004; 2) adopt Resolution No. 03-88, establishing the Appropriations Limit for Fiscal Year 2003/04; 3) adopt Resolution No. 469, adopting a -- Redevelopment Agency Program and Financial Plan for the Fiscal Year July 1, 2003, through June 30, 2004; 4) adopt Resolution No. HA-20, adopting a Housing Authority Program and Financial Plan for the Fiscal Year July 1, 2003, through June 30, 2004; 5) adopt Resolution No. 03-89, setting the Salary Schedule, Salary Ranges, and Allocated Classifications for FY 2003/04; 6) pass Ordinance No. 1051 to second reading, adding Sections 2.24.030 and 2.64.140 and amending Section 2.28.010 of the Palm Desert Municipal Code, establishing compensation for Members of the City Council, Redevelopment Agency, and Housing Authority effective September 1, 2003; B) By Minute Motion: 1) Approve Outside Agency Funding as outlined in the accompanying staff report; 2) approve adding $20,000 to Budget for retaining Legislative/Regulatory Advocacy Services (Municipal Electric Utility) — action approved by the Legislative Review Committee at its meeting of June 17, 2003; 3) approve an amendment in hourly rates paid by the agreement with Richards, Watson & Gershon for Redevelopment Agency Legal Services, with new rates effective July 1 (Partners — $185/hour; Paralegals/Assistants — $95/hour). Motion was seconded by Ferguson and carried by a 4-0 vote, with Councilman/Member Crites ABSENT. C. REQUEST FOR APPROVAL OF THE PALM DESERT CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT, FISCAL YEAR 2003/04. Mayor Benson declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2003 LISA BERKELEY, 37785 Hollister Drive, Kaufman & Broad Development, said she did not think the people who live at Kaufman & Broad were completely and entirely understanding as to what was going to be taking place with regard to the frontage area of the development. She said she would like to put out a petition to help the people understand what the levy was about. She said she did not agree with the levy. She voted for it, the people voted against it, but she did not feel they understood. She felt this would make property values go down, and the last five years she had lived there, she had seen plant life die and not be replaced, drip lines simply dripping where there are no longer any plants, people hired by the City to maintain the development not doing their job, etc. She felt the monies set aside to maintain the landscaping had not been spent well. MR. ROY STEELE, 40590 Cabana Court, Sonata, Palm Desert, said they had the same situation last year with regard to landscaping and water, etc. He said he felt if Council would drive down to Hovley and look at the results of what has happened, they might reconsider some of the things that have been done. The only watering now is for the bushes; the grass is dead, and the area is a real eyesore in the City. He proposed that people in his neighborhood get together, form a committee, and be able to approach the City to see if something can be worked out together financially where the City is not going to just drop the maintenance. With no further testimony offered, Mayor Benson declared the public hearing closed. Mayor Pro Tempore Spiegel stated the reason the landscaping has depreciated over the last year is due to the cost to maintain it. Wherever possible, homeowners associations are better than the City taking care of landscaping for development in the City. In homeowners associations, the residents would hire their own person and have them do the work; if they were not satisfied, they could hire someone else. Upon question by Councilman Kelly, Mr. Martin Alvarez responded that the annual levy for Kaufman & Broad was $9,330 for direct and administrative costs for water, landscape maintenance, street lights, etc. That district had 163 parcels, which was $57.24 per year per property. Sonata II was $45.95 per year per property, and there were 94 parcels. Mr. Steele said they were not asking that the City pick up the whole tab. They were asking that the City work with the property owners, especially with the $243.00 increase that they had not been expecting. Mayor Pro Tempore suggested that the homeowners meet with Spencer Knight and discuss this with him. 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2003 Mayor Pro Tempore Spiegel moved to waive further reading and adopt: 1) Resolution No. 03-90, amending or approving the Final Engineer's Report for the Consolidated Landscaping and Lighting District, Fiscal Year 2003/04; 2) Resolution No. 03-91, ordering the levy and collection of assessments within the Consolidated Palm Desert Landscaping and Lighting District, Fiscal Year 2003/04. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman Crites ABSENT. XVIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. CITY CLERK None D. MAYOR AND MEMBERS OF THE CITY COUNCIL — o City Council Reauests for Action: None o City Council Committee Reports: None o City Council Comments: None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2003 XIX. ADJOURNMENT Mayor Pro Tempore Spiegel moved to adjourn the meeting at 5:50 p.m. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman Crites ABSENT. ATTEST: _SS� RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA BENSON, MAYOR 30