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HomeMy WebLinkAbout2003-05-08MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 8, 2003 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Benson convened the meeting at 3:00 p.m. II. ROLL CALL Present: Councilman Buford A. Crites Councilman Jim Ferguson Councilman Richard S. Kelly Mayor Pro-Tempore Robert A. Spiegel Mayor Jean M. Benson Also Present: Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, 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 Phil Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Teresa L. La Rocca, Director of Housing Michael Errante, Director of Public Works/City Engineer David Yrigoyen, Director of Redevelopment Robert P. Kohn, Director of Special Programs Mark Greenwood, Engineering Manager III. ORAL COMMUNICATIONS - A None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2003 IV. ADJOURN TO CLOSED SESSION Reauest for Closed Session: Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 With City Council, concurrence, Mayor Benson adjourned the meeting to Closed Session at 3:02 p.m. She reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE - Councilman Buford A. Crites Vll. INVOCATION - Mayor Jean M. Benson VIII. ORAL COMMUNICATIONS - B MR. MATT DOLETA, representative of the Segue Company, Manchester, NH, addressed the City Council about its discussions regarding prohibition of their Segue Human Transporters. He likened development of these devices to that of the Model T in its day and that the Segues represented the next generation of mobility. After 30 years of research, development, and building of medical devices that incorporated breakthrough technologies, their company set out to use technology that had been specifically invented for the disabled community. Further, with pollution and congestion accounting for almost 40% of the nation's health problems, it was felt this personal mobility device would provide an alternative to use of passenger vehicles for traveling short distances and for the urban professional in city settings. He believed there was already one Segue in Palm Desert. For the 16 months that this device had been available, it had been met with overwhelming success; cities and police departments were using them, as were consumers. Older Americans were very interested in the devices, as 90% of all their trips were by car; the median age for Segue users was 55, meaning the younger population was not gravitating towards the product. He said they wanted to work with the City in this endeavor; after visiting Palm Desert's website and now seeing firsthand, he could see it was an area for creative energy and a progressive community well suited for their product. He commented that they had made a visit to the Joslyn Center this afternoon, which generated a good deal of interest; therefore, his company stood ready to provide whatever information it could to help the City consider its product. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2003 MS. JUDITH BRAE, Counselor at College of the Desert (COD), Palm Desert, said she worked primarily with Disabled Students Services there, commenting that they had been researching the Segue Company for a period of time. She stated that they were able to try out the product this morning on campus; they felt it would be a very useful device for the campus and wanted to pursue it. It was hoped that the City would give the devices careful consideration, perhaps working with the College in its attempt to bring this technology there. MR. DARRELL MURPHY, Adaptive Computer Technician/Specialist at COD, concurred with the statements made by Ms. Brae. He said if the Segue was banned in the City of Palm Desert, many individuals with disabilities who could benefit from the technology would not have the ability do so. He added that they'd been told that the annual maintenance for the Segues was $3.00 per year, and there were also tax benefits associated with the product. Therefore, the Segue would be a very cost effective benefit for disabled and elderly persons, and it would not stifle the disabled community. He asked that the Council table the matter, and continue the conversations, including getting together with COD, Supervisors, and Dr. Sheehan. Councilman Crites noted that at one time, the Council was scheduled to look at one of these devices, and he for one would like to look at it. Councilman Kelly said he felt it was important for the Public Safety Commission to look at it as well, since it recommended that the City not approve it. Councilman Crites asked the City Manager to arrange an appropriate time for the Council and Public Safety Commission to look at it and to have a dialog with other community groups if appropriate. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE DENISE ROBERGE FOR HER SERVICE TO THE CITY OF PALM DESERT AND ITS ART IN PUBLIC PLACES COMMISSION. Ms. Roberge was not present at this meeting. B. PRESENTATION TO RECOGNIZE MEMBERS OF THE FORMER CIVIC ARTS COMMITTEE FOR THEIR SERVICE TO THE CITY: MICHAEL BARNARD, EVELYN BENNETT, NORMA BUSSING, DONNA JEAN DARBY, SLOANE HALLORAN-LEWIS, PAUL MAGLOFF, JANET MULLER, DIANNE SHERER, AND MAUREEN THOMPSON. On behalf of the City Council, Mayor Benson presented engraved crystal clocks to the members of the former Civic Arts Committee, thanking them all for their many hours and years of service to the City, and noting that the City was very proud of the accomplishments it had made with their help. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2003 C. PRESENTATION TO RECOGNIZE MEMBERS OF THE FORMER PROMOTION COMMITTEE FOR THEIR SERVICE TO THE CITY: HOWARD BACK, KENNETH KATZ, GEORGE KERMODE, RIC MANDELBAUM, TAMMY PEREZCHICA, PETER STURGEON, KAJSA THURESSON-FRARY, AND FRED TRETTA. On behalf of the City Council, Mayor Benson presented engraved crystal clocks to members of the former Promotion Committee, also expressing sincere appreciation for all time and effort they had given for the benefit of Palm Desert. D. PRESENTATION OF POETRY IN PUBLIC PLACES BY STUDENTS FROM THE NOVA ACADEMY AND IN CONNECTION WITH THE EARTH DAY CELEBRATION AT THE SANTA ROSA AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT. Each student read their composition for the City Council. At the close, Mayor Benson requested that copies of each be provided to the City so that it could highlight the works in future Bright Side newsletters. Councilman Crites further requested that the work also be displayed at the Santa Rosa Mountains Visitor Information Center kiosk. Poetry in Public Places Advisor Jacqueline Miller-Bachar noted that the works were going to be on display at the Palm Desert Public Library as well. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of April 24, 2003, and the Adjourned Joint City Council/Redevelopment Agency Meeting of April 30, 2003. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY, - Warrant Nos. 232, 235, 236, 240, and 239PDOC. Rec: Approve as presented. C. CITY'S/AGENCY'S MASTER PORTFOLIO SUMMARIES for March 2003 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2003 D. REQUEST FOR AUTHORIZATION to Purchase a Ford Motor Company Five-year, Medium -Term Note. Rec: By Minute Motion, authorize the City Treasurer to purchase a Ford Motor Company five-year MTN rated "A3/BBB" in order to finance the City's Retiree Health Program. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Bananaz Grill & Bar Palm Desert Inc., 72-291 Highway 111, Palm Desert. Rec: By Minute Motion, refer application to the Department of Community Development and the Palm Desert Police Department for review and recommendation. F. MINUTES of the Housing Commission Meeting of March 12, 2003. Rec: Receive and file. G. LETTER OF RESIGNATION from Walter Hutchinson from the Building Board of Appeals & Condemnation. Rec: Receive with very sincere regret. H. REQUEST FOR AWARD OF CONTRACT for Traffic Signal Systems Interconnect -Improvements (Contract No. C21160, Project No. 553-99). Rec: By Minute Motion, award the subject contract to Austin -Foust Associates, Inc., Santa Ana, California, in the amount of $14,740 and authorize the Mayor to execute same — funds are available in Account No. 440-4594-422-4001. I. REQUEST FOR APPROVAL of Change Order No. 2 to Contract No. C19030 — Design Services Relating to the Widening of Portola Avenue (Project No. 630-99). Rec: By Minute Motion, approve Change Order No. 2 in the amount of $11,750 to the subject contract with The Keith Companies, Palm Desert, California, for increased scope of services and authorize the Mayor to execute same — funds are available in Account No. 213-4539-433-4001. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2003 J. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C20350 — Landscape Installation and Irrigation at Sandpiper on El Paseo (Project No. 698-02). Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $1,390.77 to the subject contract with Valley Landscape Service, Palm Desert, California, and authorize the Mayor to execute same; 2) authorize the transfer of said funds from contingency to base for the project. K. REQUEST FOR APPROVAL of Change Order No.1 and Acceptance of Work for Contract No. C20590 — Construction of the Civic Center/Joe Mann Park Lighting Upgrade (J. Miller Electric, Inc., Hesperia, CA). Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $850 to the subject contract and authorize the Mayor to execute same; 2) accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. L. REQUEST FOR ACCEPTANCE OF WORK for the Construction of the Curb, Gutter, and Cross Gutter Repair Program (Contract No. C20170, Project No. 753-02) (Contreras Construction Company, Indio, 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. M. REQUEST FOR APPROVAL of Final Tract Map 28818-4 (Marriott Ownership Resorts, Inc., Applicant). Rec: Waive further reading and adopt Resolution No. 03-59, approving Final Tract No. 28818-4. REQUEST FOR APPROVAL of Final Parcel Map 31262 (Palm Desert Redevelopment Agency, Applicant). Rec: Waive further reading and adopt Resolution No. 03-60, approving Parcel Map No. 31262. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2003 O. REQUEST FOR RATIFICATION of the City Manager's Approval of the Possession and Consumption of Alcoholic Beverages on City -owned Property in Connection with a Special Event on April 12, 2003. Rec: By Minute Motion, ratify the City Manager's approval of the possession and consumption of alcoholic beverages on City -owned property in connection with a cheese and wine reception sponsored by the Historical Society of Palm Desert for residents of the Sandpiper Development and held on City -owned property, the Historical Society Fire Station located on El Paseo, on Saturday, April 12, 2003. P. REQUEST FOR AUTHORIZATION to Serve Wine in Connection with a Civic Center North Wing Gallery Reception on July 17, 2003. Rec: By Minute Motion, permit the possession and consumption of alcoholic beverages in connection with a reception to be held in the North Wing Gallery on July 17, 2003, for the Hanson House Exhibition. Q. CONSIDERATION of Action Taken by the Legislative Review Committee Relative to AB 1160 (Steinberg) — Second Units. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 15, 2003, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 1160 (Steinberg). R. CONSIDERATION of Action Taken by the Legislative Review Committee Relative to ACA 14 (Steinberg) — Special Taxes and Local Development. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 15, 2003, and direct staff to prepare a letter of support for the Mayor's signature with regard to ACA 14 (Steinberg). S. CONSIDERATION of Action Taken by the Legislative Review Committee Relative to SB 293 (Brulte) — Development Fees. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 15, 2003, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB 293 (Brulte). 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2003 T. INFORMATIONAL ITEMS: 1. Retail Vacancy Report 2. Status of Desert Gateway Project / Monterey Avenue Widening Upon motion by Kelly, second by Crites, the Consent Calendar was approved as presented by a 5-0 vote. XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS A. RESOLUTION NO. 03-61 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING APPLICATION FOR FUNDS FOR THE FOURTH CYCLE OF THE CALTRANS SAFE ROUTES TO SCHOOL PROGRAM FOR A SIDEWALK ON PORTOLA AVENUE ACROSS THE WHITEWATER CHANNEL. Mr. Ortega noted the staff report and recommendation in the packets and offered to answer any questions. Councilman Kelly asked if the walkway would be put in a position so that it could remain after the bridge is completed. Mr. Greenwood responded that it would be temporary. The walkway will be at grade, following the grade of the road now, where the new bridge will be fifteen or twenty feet higher than that. He said staff had looked at a lot of different methods, and if the walkway was something that would be left afterward, it would have to be a bridge in itself. He noted that the Safe Routes to School Program was money that would not be available until after October of this year, and he asked if the Council wanted staff to wait to see if the City gets funding from this Program or proceed according to the current schedule, which is to complete the work during the summer. He said staff had also applied for another grant, SB821; the status of that application would be known by July, and funds would be received in August. Councilman Ferguson asked whether the City could, after applying for these funds, change its design for the project and do some things along the lines of what Councilman Kelly was suggesting. Mr. Greenwood said his understanding was that the City would have to stay within the cost estimate, which is about $200,000, and the application was 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2003 requesting $100,000. If the City went with a bridge, the cost would be well over half a million. Councilman Kelly said he felt this should be done, whether a grant is approved or not, and we should proceed to put that walkway in as quickly as possible. Councilman Ferguson asked if the City finds something better than what it applied for, could it still get the money it applied for. Mr. Greenwood responded that he was not sure. He said the Safe Routes to School money was a State program decided in Sacramento. A local recommendation is made at CalTrans District 8, San Bernardino, and a secondary recommendation is made by CalTrans headquarters, with the ultimate decision by the California Transportation Commission. He said he believed the rules state that we have to provide them with an accurate description and accurate cost estimate. If the City were to change to a bridge design, it would probably drop out of that competition. Councilman Kelly said he felt this location was extremely dangerous, and something needs to be done as soon as possible, regardless of grants or no grants. Mr. Greenwood noted that comments had been received from a number of residents who had asked why the City had not proceeded with the project until now. A number of those residents had sent photos of the difficulties in trying to cross. He said if the project were to proceed this summer, it would be with City funding. If the City were to be awarded the SB821 money ($50,000 requested), those funds would be available in August; if the City wanted to wait for the larger funding from Safe Routes to School, the project would have to be delayed until after October, potentially for up to a year while they award the funds. He City could not build the project and then be reimbursed for it. He added that his recommendation was to build it now and get the SB821 money if possible. That would leave approximately $150,000 of City funds to complete it, and it should be completed by the fall of 2003. Councilman Crites moved to waive further reading and adopt Res. No. 03-61, with additional request that staff come back to the City Council at its next meeting with other options available for constructing a walkway/bridge whether or not this grant is received and the related timing issues for the project. Motion was seconded by Ferguson and carried by a 5-0 vote. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2003 XIII. ORDINANCES For Introduction: A. ORDINANCE NO. 1048 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE CREATION AND OPERATION OF A MUNICIPALLY OWNED UTILITY FOR THE PURPOSE OF PROVIDING VARIOUS UTILITY SERVICES, AND AUTHORIZING THE TAKING OF CERTAIN OTHER ACTION IN CONNECTION THEREWITH. Mr. Ortega noted the staff report and recommendation in the packets. Mr. Kohn noted that the basic purpose of this ordinance was to protect and preserve the City's current rights and abilities to form and operate a municipal utility. As new legislation is introduced and passed, hopefully this action will grandfather the City in ahead of those, since there is quite a bit of interest in putting conditions on new municipal utilities and preventing their formation. Mayor Pro Tempore Spiegel said his understanding was that the Council was not talking about creating anything tonight, and Mr. Kohn responded that the ordinance did not cause anything to automatically happen. Anything that would happen would have to come back to Council for approval. MS. KATHLEEN DeROSA, Public Affairs Manager with Southern California Edison, resident of Cathedral City, said Southern California Edison would be pleased to work with the City of Palm Desert in its efforts to understand the complexities of the utility business. In the meantime, she said anticipated rate reductions were forecasted to go into effect as early as July 1. She said Edison understood local jurisdictions were looking at ways to effectively reduce power costs and to raise new municipal revenue. To that end, Southern California Edison stood ready to assist the City of Palm Desert as it assesses its energy needs and options and the economic feasibility of spot municipalization, the economic realities of running an electric utility, and becoming a choice community aggregator in the City of Palm Desert. MR. MARK ARCHULETA, 2085 Newton Drive, Corona, employed by Southern California Edison, said he was not asked to come here but wanted to comment on the possible start of the municipality and to offer some free advice. He read a letter dated December 29, 2002, which was sent by the City of Corona to its residents relative to creation of its own full -service, city - owned utility. He also read an article from the Press Enterprise with the lead "Corona drops power pursuit." He said his advice to the City of Palm Desert was to look at all the details of creating its own municipality, as it was a very 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2003 cash intensive business. He said there were rewards, but there were risks as well. He felt it would be wise for the City to have the community involved. Councilman Ferguson noted that the same article cited by Mr. Archuleta indicated that the residents who were circulating petitions were funded by Edison, and he asked if that was true. Mr. Archuleta responded that it was true. Councilman Ferguson also noted that Edison had sued the City of Corona on two separate grounds. He said the City of Corona apparently took a look at something similar to Palm Desert, and Edison paid people to oppose them, sued them for talking to their lawyers, and sued them for hiring consultants that might advise them. Now Ms. DeRosa indicates Edison is ready, willing, and able to help the City of Palm Desert. He asked what kind of assistance that is. MS. DeROSA indicated that she had never met Mr. Archuleta, pointing out that Palm Desert was within her territory, and she was here to assist in any way necessary. She went on to explain that the people Edison paid in the City of Corona were only for taking signatures. She said any other ongoing litigation was in the courts, which neither she nor Mr. Archuleta were privy to and could not speak to, offering to try to obtain answers for any other questions along those lines. Councilman Ferguson responded that it was difficult for him to stomach how Edison is the "white knight" that will steer the City through this morass after looking at the way it treated another colleague city not too far away. He said there was another city next door on the east and another on the west. The Councils were honest people trying to look at how to save electricity rates for their residents, and he did not feel they needed this kind of abuse. He added that he hoped as a representative of Edison, Ms. DeRosa could assure him that the Valley cities would not get the same type of treatment. MS. DeROSA reiterated that the litigation in Corona was a legal matter that is being discussed in the courts, and she could not speak to it, nor did she know what was going on in the City of Corona. However, she could speak for the dealings here in Palm Desert; she had always dealt in an up -front manner with the City Council, she was open and available, her dealings had been nothing but honest and above board, working for whatever was best for both the company and the City of Palm Desert. She said she had always and continued to assure that she would work to make sure that everyone's interests were well respected, and she stood by her previous statement that she would be available to work with the City in any way possible. All she asked in return was a seat at the table in order to pursue any matters so that they might provide any information that might be necessary for the City 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2003 Council to make the best decision it needed to make for the City of Palm Desert. Councilman Ferguson acknowledged Ms. DeRosa's comments and noted that they were in no way directed at her personally. However, he was also familiar with the size of her company, he knew who makes certain decisions, and they were not all within her power. MS. DeROSA extended an invitation to City Council and staff to meet with Southern California Edison's President on May 22 at a breakfast so that such issues could be raised face-to-face. Councilman Crites said Mr. Archuleta could be assured that this body would be cautiously thoughtful and would take time to consider a variety of points of view. He added that while maybe not individually, as a company, Edison has a well -deserved record of effectively protecting their own turf and their own rates. Moreover, it was his perspective to observe that the public was served by accident, but Edison was served on purpose in terms of what they do, which is who they've been for years. He noted the rate reductions being received right now is because Edison finally got all the money back that it had squandered through remarkably poor decision -making, and worse, out of the State Legislature, stranded costs in what should have been one of the great public scandals in California. So a rate reduction taking us back to where we should have been if we hadn't given Edison a pile of money they didn't deserve didn't fit his concept of "good news" for a rate reduction. MR. ARCHULETA said this was the Council's decision, and he was not trying to get brownie points at work. He said he was a foreman, worked in the field, and just wanted to caution the Council. He said he felt people needed to look at all the details and how we got to deregulation in the first place, and it was not the utilities who strong-armed Pete Wilson, the Assembly, and the Senate to do this. Mayor Pro Tempore Spiegel moved to waive further reading and pass Ordinance No. 1048 to second reading. Motion was seconded by Ferguson and carried by a 5-0 vote. For Adoption: A. ORDINANCE NO. 1017 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 2.20, 2.34, 2.60, AND 2.64 OF THE PALM DESERT MUNICIPAL CODE (AMENDING ORDINANCE NOS. 99, 390, 553, 861, 875, AND 899), RELATIVE TO COMMITTEE/COMMISSION MEMBER REQUIREMENTS. Councilman Crites moved to waive further reading and adopt Ordinance No. 1017. Motion was seconded by Spiegel and carried by a 5-0 vote. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2003 B. ORDINANCE NO. 1042 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING RULES AND — REGULATIONS FOR THE ADMINISTRATION OF THE CITY OF PALM DESERT EMPLOYER -EMPLOYEE RELATIONS. Mayor Pro Tempore Spiegel moved to waive further reading and adopt Ordinance No. 1042. Motion was seconded by Crites and carried by a 5-0 vote. C. ORDINANCE NO. 1043 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE NO. 936 AND AMENDING ORDINANCE NO. 900 (PALM DESERT MUNICIPAL CODE SECTION 2.68.020), DECREASING MEMBERSHIP OF THE ART IN PUBLIC PLACES COMMISSION TO SEVEN MEMBERS AND TWO NON -VOTING LIAISONS. Mayor Pro Tempore Spiegel moved to waive further reading and adopt Ordinance No. 1043. Motion was seconded by Crites and carried by a 5-0 vote. D. ORDINANCE NO. 1044 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO CHAPTER 25.21 OF THE PALM DESERT MUNICIPAL CODE AS IT RELATES TO SECOND DWELLING UNITS IN SINGLE-FAMILY RESIDENTIAL ZONES Case No. ZOA 02-02 (City of Palm Desert, Applicant). Mayor Pro Tempore Spiegel moved to waive further reading and adopt Ordinance No. 1044. Motion was seconded by Crites and carried by a 5-0 vote. E. ORDINANCE NO. 1045 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CHANGE OF ZONE FROM R1-18000 TO OPEN SPACE TO ALLOW THE CONSTRUCTION OF A TWO -ACRE (+/-) PARK WITH A PARKING LOT, RESTROOM, PICNIC PAVILIONS, TOT LOT, BASKETBALL COURT, VOLLEYBALL COURT, PERIMETER WALK, BARBEQUES, FLOWER GARDEN, PUTTING GREEN, AND OTHER RELATED FACILITIES AT 73-690 DE ANZA WAY (APNs 627-143-006/007/008/009) Case No. C/Z 03-03 (City of Palm Desert, Applicant). Mayor Pro Tempore Spiegel moved to waive further reading and adopt Ordinance No. 1045. Motion was seconded by Crites and carried by a 50 vote. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2003 F. ORDINANCE NO. 1047 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A MORATORIUM ON DEVELOPMENT APPROVALS IN THE UNIVERSITY PARK AREA. Councilman Crites moved to waive further reading and adopt Ordinance No. 1047. Motion was seconded by Ferguson and carried by a 3-2 vote, with Councilman Kelly and Mayor Pro Tempore Spiegel voting NO. XIV. NEW BUSINESS A. REQUEST FOR AUTHORIZATION TO SUBMIT THE USED OIL RECYCLING BLOCK GRANT APPLICATION FOR FISCAL YEAR 2003/04 (9TH CYCLE). Councilman Crites moved to, by Minute Motion, authorize the Assistant City Manager for Community Services to submit the Used Oil Recycling Block Grant Application for FY 2003/04 (9th Cycle). Motion was seconded by Spiegel and carried by a 5-0 vote. B. CONSIDERATION OF MEDIA PLAN FOR GENERAL PLAN REVIEW PROCESS. Mr. Ortega stated that this was a report coming back to the City Council. He noted some alternatives outlined in the staff report which staff was asking Council to select from. Mayor Pro Tempore Spiegel noted that last page of the staff report which recommended sending out "a special edition of the Bright Side dedicated to educating the public on the Plan. Subsequent stories and follow-ups announcing public hearings can be placed in the regular monthly newsletter editions." He asked if the recommendation would also include announcements in the Desert Sun. Mrs. Gilligan responded that was correct. She said the publicity program would be enhanced by issuing press releases to the local media. She said in discussions with several Councilmembers relative to putting the General Plan on the City's website, there were initial concerns about the length of the downloading time. That had been researched, with input from Councilman Ferguson and the Director of Finance, and it was found that it can be placed in sections which will make downloading easier. Therefore, staff was recommending that the General Plan be posted on the City's website. She said it would be changed frequently as there are hearings before the Planning Commission and City Council. She said the recommendation in producing it as a CD would be amended that we do the CD once the process is complete so residents could have that. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2003 Upon question by Mayor Benson, Mrs. Gilligan responded that staff was not recommending the ad in the Desert Sun, as it would be a Valley -wide piece of information and not targeted for Palm Desert residents, although post -its could be placed on the newspapers just for the Palm Desert area. She noted that ads could be placed announcing the hearing dates versus putting the hearing dates in the legal notices, and that would be effective for Palm Desert residents. Councilman Ferguson asked whether notices were still being mailed to property owners. Mr. Drell responded that General Plan amendments did not require individual property owner notification. Councilman Ferguson said if the people in attendance for the first reading of the ordinance on the moratorium were correct that there are only half a dozen of them, and staff was correct in stating that this is the only part of our city that we're substantially changing, couldn't staff at least provide those people with legal notice. Mr. Drell responded that those areas could be identified where there is a change and do specific mailings to those individuals. Mayor Pro Tempore Spiegel moved to, by Minute Motion, approve a Media Plan to include: 1) Special edition of the Bright Side; 2) posting of the General Plan on City website in a sectioned format for ease of retrieval and download, keeping it continually updated with any amendments made during the hearings process; 3) placement of timely ads in the Desert Sun to specifically announce public hearing dates and times; 4) specific notices mailed to property owners who have already addressed the City Council regarding their interest in the General Plan Update and in whose areas may be affected by change; 5) once complete and approved, produce CDs of the General Plan that may be obtained by residents and other members of the public. Motion was seconded by Ferguson and carried by a 5-0 vote. XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 1 TO CONTRACT NO. C19250 — DESIGN ENGINEERING OF THE PALM DESERT CORPORATION YARD EXPANSION (PROJECT NO. 715-00). Mr. Ortega noted the staff report and recommendation in the packets. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2003 Councilman Crites moved to, by Minute Motion: 1) Approve Change Order No. 1 in the amount of $62,127 to the subject contract with David Evans and Associates, Ontario, California, for additional work needed to facilitate landscape/architectural enhancements and authorize the Mayor to execute same; 2) authorize the transfer of $18,733 from contingency to base for the project; 3) allocate $43,394 from Account No. 231-4330-413- 4001 for the balance of said services. Motion was seconded by Ferguson and carried by a 5-0 vote. XVII. PUBLIC HEARINGS A. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO THE HILLSIDE PLANNED RESIDENTIAL DISTRICT, CHAPTER 25.15 OF THE PALM DESERT MUNICIPAL CODE - WEST HILLS SPECIFIC PLAN Case Nos. GPA 03-04 and ZOA 02-06 (City of Palm Desert, Applicant) (Continued from the meeting of April 24, 2003). Following is a verbatim transcript of this public hearing. Key: JMB Mayor Jean M. Benson BAC Councilman Buford A. Crites DC Dori Cree, resident of Southcliff Road, Palm Desert JF Councilman Jim Ferguson RSK Councilman Richard S. Kelly RAS Mayor Pro-Tempore Robert A. Spiegel PD Phil Drell, Director of Community Development RDK Rachelle D. Klassen, City Clerk DJE David J. Erwin, City Attorney CLO Carlos L. Ortega, City Manager JMB Next is public hearing. Consideration of approval of an amendment to the Hillside Planned Residential District, Chapter 25.15 of the Palm Desert Municipal Code — West Hills Specific — Case No. GPA 03-04 and ZOA 02-06 (City of Palm Desert, Applicant) (Continued from the meeting of April 24th) BAC I will excuse myself on this matter. JMB Questions, first, from the staff report, or...if not, I'II open the public hearing. Anyone in the audience that wishes to speak for or against. DC Dori Cree, Southcliff Road, Palm Desert. City Council, Madam Mayor, I'm not sure if I'm in the right place or not; I'm here to discuss Alternate A or B. Is this the proper time to do that? 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2003 JMB That's what this is about. DC I hope City Council will vote for Alternate A. I believe it adequately addresses the City's desire to minimize grading and growth in the hillside, and I just would like to remind City Council that both the Planning Commission and staff have recommended Alternate A. Thank you. JMB Anyone else in the audience that would like to speak? If not, I'll close the public hearing and discuss. JF I stated at last meeting that I prefer Alternative B. I truly believe Alternative A was a function of an ordinance being brought with applications for seven plus three other, for a total of 10, if I'm not mistaken...eleven homesite developments, and the rationale given to us at the time was that this was all the flat land space that was left. On that basis I voted for it, and I don't see the need currently for an Alternative A; and I would like to see everything west of the Channel at this point be five -acre minimums with 10,000 square foot pads. And I would like to limit the improvement percentage to 25% of the pad so we don't wind up with another 5,600 square foot home on a pad that's barely larger than that. That's just my preference. RSK Well, I don't know if there is any flat land left or not for sure, but for me, flat land should be treated the same as any other flat land in the City. Just because the Corps of Engineers selected a spot where the Channel is, I don't think that should make the difference of whether the zoning should be if it's flat land. And just the fact that it's on the west side of the Channel, it seems to me that...that's more than fair to allow flat land to be treated as it is in Alternative A. And I understand, I'm agreeable to the one per five acres or whatever the lot size is on the hillside. But if there is no flat land left, well, fine, that's still not going to hurt anything...(inaudible)...Alternative A is the proper one. RAS I would agree that flat land is flat land. I live on the east side of the Channel, and I'm certainly not on a five -acre plot --much less than that --and to tell a landowner on the west side of the Channel that has flat land that can't be seen from Highway 74 that they have to have a minimum of a five -acre lot I think is inconsistent. And, therefore, I would agree that "A" would be the proper way to go. But I also would like to see an addition to the Hillside Ordinance that any homes built on the hillside be limited to 2,500 square feet. To have 7,000 and 8,000 square foot homes up on the hill really detracts from our hillside, what we have there now, Dr. Meints' property and so on, really detracts from the hillside, and I would like to see a maximum of 2,500 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2003 square feet added to the Hillside Ordinance for anything that's on the hillside. JMB Again, I agree with Jim; I would like to see...(inaudible)...I agree that they should be...(inaudible)...high as they can be built on there. JF Let me just clarify my...wanting to include the flat land in Alternative B...(unclear)...basis in fairness because I think it's unfair. I think that all the flat land space has been entitled, and once you get into a flat land versus hillside argument and you introduce mathematical formulas for arguing whether you're in flat land or whether you're in hillside, and we may be annexing people in that have some portions of flat land in the middle of the hillside, such as the property owners you just mentioned, Councilman Spiegel, or Mayor Pro Tem Spiegel. Then we get into a math contest and a legal contest, and to me, a bright line that just says one per five acres clarifies it; it's unambiguous, and we don't get exotic arguments on why people should be allowed to build on the hillside because a certain percentage of it is flat for a certain distance. And that's what I'm trying to avoid. RSK Instead of using the term "flat," I...(inaudible)...areas of less than 10% average slope. I'II make that correction. I still...(inaudible)...can't imagine that there's anything up there on...(inaudible)...side by that...less than 10% average because of danger, myself. RAS Would you address that, Mr. Drell? PD Councilman Kelly is correct. Again, I'm not sure it's...whether we have that language in there; we can clarify it to say, "less than 10% adjacent to the toe of slope." So that would relieve any conceivable possibility of anyone finding that sort of slope. RSK Have to be careful with that "adjacent" term, because they could be right next to the Channel. PD Yeah. Yeah. But you're correct, there's the way the formula works and the way the terrain is. Far as I know, every other parcel that's not adjacent to the toe of slope is a slope in excess of 36%. Some of them have between 30 and 36, but...I don't believe that's a hazard, and it can be legally clarified that we're not, that it has to be at the toe of slope or below and not apply to areas above. JF Phil, if there's a shelf area along the creek on the south end of the...whatever they're calling the Crest development now... 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2003 PD Correct. JF ...that's completely flat for, you know, the entire length of the parcel that has legal ownership, and there is no toe of slope, under Alternative A, would that be allowed? PD That would...you know, again, we'd have to tweak the language, but that would still be one to five. The actual reality --we looked at all 11 of those parcels that were up there, and they were, at best, they were in the 30 to 36 range. Remember, we found two parcels that were entitled, probably entitled to two lots instead of one. Under the new ordinance, they would only be entitled to one, regardless of their location. JF Do we have one set formula for calculating an average slope of 10%? PD Yes. JF We don't have three different (unclear)... PD No, the formula's the same. The formula is you add up all the contours, and, the way topographic maps work, the tighter your contours are together, the more you have, the steeper your slope, and there's a mathematical relationship, which generally holds. I have a question relative to the addition of the unit size, and you're talking that the Bill Carver house that you did approve in the past, which I know you were pretty happy with, was at 3,200 square feet. Then the other question is, you're talking about building coverage, meaning the footprint of the building, because that includes both the garage and all the structures. Often when we talk about house size, it's...we exclude the garage, so whatever that number is...(unclear)...explicit terms of direction of how we write it. JF Now that we're getting into size, I think whether it's 25% of the 10,000 maximum or 2,500 doesn't matter to me. But just a thought --our newly passed second accessory ordinance, would that apply to these homes that are on the hillsides right now? PD Yes it would. Under the State Law, it applies to all single-family residential property of which these, this is a single-family residential zone. JF So all the existing homes in the hillside could double by law? PD Technically, under the laws of the State of California, we have to have an ordinance that permits that. They're still...again, they're limited to 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2003 meeting the standards that a single-family home would be subject to. The...but, again, I think what you're suggesting is that we establish a coverage for the pad. Whatever the pad is approved as, you're suggesting that we have a percentage coverage requirement like we do in the R-1 zone. JF Or a maximum is... PD Or...which...right, a coverage is a maximum. In the typical single- family zone, we allow that 30% of the lot can be covered with an enclosed structure. RAS (Inaudible)...25% ...(unclear) PD We have, the larger lots we allow, the larger lots, which are 15,000 square feet and larger; and 20, we have a 25%. We have, actually, for the smaller lots, we have 35%. And actually, we have provisions in the zone that allows approval up to 50% on any lot based on design, and that was actually prompted by requests from our more affluent neighborhoods who wanted bigger houses on their lots. RSK You might want to approach that from the standpoint of coverage rather than... RAS Square footage? RSK That way when they have their coverage, that would be it, no matter how many units were there. RAS Twenty-five percent. All right, I'll move, although it probably won't pass, "A" with a caveat that the houses be limited 25%. RSK Second. RDK It's a tie vote, resulting in no action, with Mayor Benson and Councilman Ferguson voting NO. RAS So if we vote this down, then there will be no change in our Hillside Ordinance? PD Correct. DJE Correct. PD No... 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2003 JF Well, I don't know whether this is a public law question or a City Clerk question. But for the record, I'd at least like to vote on "B," recognizing that it probably won't pass, and then if procedural, Parliamentary Procedure serves me correctly, can an opponent of a motion make a motion to reconsider that motion? DJE I believe the Robert's Rules require the one voting "yes" to make the motion to reconsider. JF So Councilman Kelly or Mayor Pro Tem Spiegel, if the next vote fails, could make a motion to reconsider? DJE Yes. RSK I wouldn't be intended to do that unless you were going to change your motion in favor of mine. RAS Well he... JF Well, I'd like to get "B" on the record, and then if that fails, then I would rather have something... RSK I don't understand what your reason is. JF I would like a vote on Alternative B, and if it doesn't pass, then... RSK You just did. RAS No. JF No. RAS You voted on "A." DJE (Unclear)...on Alternative A. RAS He's made a motion to approve "B," with the 25%. JF And a 10,000 maximum. RAS And a 10,000...and Jean has seconded it. JMB (Faint) Right. RAS Now we vote again. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2003 RSK Did you move for reconsideration? RAS No, we don't have to reconsider this. This is another motion. DJE This is a motion for Alternative B. RAS Yeah. RDK This is also a tie motion...with Councilman Kelly and Mayor Pro Tem Spiegel voting NO. RAS Now I can ask for "A" to be reconsidered? DJE Yes, you can. RAS I would like to reconsider "A," with the same caveat. DJE Is there a second? RAS Is there a second? RSK Second. RAS Now, if this doesn't work, we've got to go back and reconsider "B?" JF We'll have to get our books out. RDK This motion passes, with Mayor Benson voting NO. JMB All right... CLO So the staff recommendation with the 25%... DJE With the 25%... JF And that was with the 10,000 foot maximum pad. DJE Yes, that was stated. JF Yes, it was. PD (Inaudible) JF Right. DJE Right. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2003 For purposes of clarification. final action: Mayor Pro Tem Spiegel moved to, waive further reading and: 1) Adopt Resolution No. 03-53, amending the West Hills Specific Plan, Case No. GPA 03-04; 2) pass Ordinance No. 1046 to second reading, amending Chapter 25.15 of the Palm Desert Municipal Code, Case No. ZOA 02-06, both as appropriately amended to include additional conditions imposed of a 10,000 square foot maximum pad size and unit size limited to 25% thereof. Motion was seconded by Councilman Kelly and carried by a 3-1 vote, with Mayor Benson voting NO and Councilman Crites ABSENT. B. CONSIDERATION OF PROPOSED RESOLUTION OF NECESSITY— FOR CONDEMNATION AS PART OF MAGNESIA FALLS DRIVE BRIDGE AND STREET IMPROVEMENTS (CITY PROJECT NO. 648-99). Mr. Erwin stated that there were several things that needed to be done in this process. One was to ask the City Clerk for the proofs of mailing of notice of hearing. For the record, he said notice had been served on Mr. and Mrs. Van Alstine by registered mail, sent out on April 22, 2003, to an address of Bessire & Casenhiser in Walnut, California, as well as to the Van Alstines personally in Brea, California, all on the same date. He said the receipts for receipt of the notices had come back, and they had been signed. He asked that the Mayor call on the City Engineer for his report regarding the real property and how the acquisition of it relates to City purposes on this particular project. Mr. Errante reviewed the staff report in detail, noting that this section of property is located just east of Portola, on the north half of the proposed roadway from Magnesia Falls. This section of property was required in order for the City to complete the roadway segment that will lead from Portola westerly across the San Pascual Channel and hook up to the existing link on Magnesia Falls just west of the Channel. He said staff was planning to go out to bid next week so that the project can commence during the summer and have at least the east half of the section from Portola to Deep Canyon completed prior to school starting in September. The other portion would be continued, and the bridge would be built in late fall or early winter. Mr. Erwin stated for the record that within the staff report was a statement regarding the public interest and necessity to acquire this particular project. He said it provides better traffic accommodation and increased safety as well as sound walls, planter walls, and other landscaping features for the mobile home parks on the north side of Magnesia Falls. He said it would not create any dislocation of either individuals or businesses. There will be improved traffic flow on Magnesia Falls, including additional traffic safety on Portola and Magnesia Falls. He said these items and statements were in the staff report. This property was necessary and was a major part of this proposed bridge and street improvements. An offer through the City's acquisition agent, Overland Resources, had been made for the three parcels based upon the full value of the appraisal the City had for these properties. The 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2003 offer was not accepted, and no counter offer had been made. He suggested that the Mayor inquire whether anyone owning an interest in the property was here and wished to speak to any of the issues or the property owners' representative. Mayor Benson declared the public hearing open and asked if there were any property owners or representatives who wished to speak. She asked if there was anyone else who would like to speak to this matter. With no testimony offered, she declared the public hearing closed. Mr. Erwin noted that the staff report requested that Council adopt the Resolution of Necessity included in the packet. Mayor Pro Tempore Spiegel moved to waive further reading and adopt Resolution No. 03-62 , declaring that the acquisition of certain real property by Eminent Domain is necessary for the Magnesia Falls Drive Bridge and Street Improvements Project. Motion was seconded by Ferguson and carried by a 5-0 vote. XVIII. REPORTS AND REMARKS A. CITY MANAGER Mayor Pro Tempore Spiegel moved to add the following item to the Agenda. Motion was seconded by Kelly and carried by a 5-0 vote. CONSIDERATION OF REQUEST FOR ADDITIONAL FUNDING FOR THE PALM DESERT HISTORICAL SOCIETY. Councilman Kelly moved to, by Minute Motion, approve the request and appropriated $1,636 for payment to the Palm Desert Historical Society for a part-time employee. Motion was seconded by Spiegel and carried by a 5-0 vote. B. CITY ATTORNEY Mr. Erwin commented that he had previously provided to the City Council a draft Tobacco Retailer Licensing Ordinance, and he wondered whether the Council wished to proceed. With City Council concurrence, staff was directed to present to the City Council for introduction at its meeting of May 22, 2003, the draft Tobacco Retailer Licensing ordinance prepared by the City Attorney's Office. 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2003 C. CITY CLERK 1. Reminder of Committee/Commission Applicant Interviews on Friday, May 16, 2003, beginning at 9:00 a.m. Mrs. Klassen reminded the Council of these interviews. D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: 1. Councilman Kelly reminded his colleagues and City staff about the League of California Cities dinner and meeting hosted by the City of La Quinta on Monday evening, May 12. He noted that League President John Russo would be there. 2. Councilman Kelly asked his colleagues whether they had considered the Summer 2003 City Council Meeting Schedule. With City Council concurrence, staff was directed to observe the same schedule that had been utilized in past years, that being cancellation of the second regular meeting in July and the first regular meeting in August, with the understanding that if there is business requiring action, the regular meetings of these dates can be held to consider such items. o City Council Committee Reports: None o City Council Comments: None 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2003 XIX. ADJOURNMENT Mayor Pro Tempore Spiegel moved to adjourn the meeting at 5:33 p.m. to Friday, May 16, 2003, 9:00 a.m. for an Adjourned Joint Meeting of the City Council and Redevelopment Agency for the purpose of interviewing Committee/Commission applicants and subsequent consideration of appointments. Motion was seconded by Ferguson and carried by a 5-0 vote. ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA JE ENSON, MAYOR 26