Loading...
HomeMy WebLinkAbout2002-09-26MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 26, 2002 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Kelly convened the meeting at 3:08 p.m. II, ROLL CALL Present: Mayor Pro-Tempore Jean M. Benson Councilman Buford A. Crites Councilman Jim Ferguson arrived at 4:00 p.m. Councilman Robert A. Spiegel Mayor Richard S. Kelly Also Present: Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, City Attorney Homer Croy, Acting ACM for Development Services Justin McCarthy, ACM for Redevelopment Amir Hamidzadeh, Acting Director of Building & Safety Rachelle D. Klassen, City Clerk Paul S. Gibson, Director of Finance/City Treasurer Teresa L. La Rocca, Director of Housing David Yrigoyen, Director of Redevelopment Mark Greenwood, Engineering Manager III. ORAL COMMUNICATIONS - A None IV. ADJOURN TO CLOSED SESSION Upon a motion by Councilman Spiegel, second by Councilman Crites, and 4-0 vote of the City Council, Mayor Kelly adjourned the meeting to Closed Session at 3:09 p.m. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 2002 Request for Closed Session: Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Renee Capela v. City of Palm Desert, et al., Riverside County Superior Court Case No. INC 021720 b) Ken Weller v. City of Palm Desert, et al., Riverside County Superior Court Case No. INC 025659 c) Sergio Rosas v. City of Palm Desert, Riverside County Superior Court Case No. INC 030803 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 V. RECONVENE REGULAR MEETING - 4:00 P.M. Mayor Kelly reconvened the meeting at 4:02 p.m. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE - Mayor Richard S. Kelly VII. INVOCATION - Councilman Robert A. Spiegel VIII. ORAL COMMUNICATIONS - B MR. STEVE BOWER, 73-093 Santa Rosa Way, Palm Desert, asked that in its decision -making, the City Council keep in mind two issues of importance to him: 1) water usage; 2) opportunities for studious young people. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE RICK POST FOR HIS SERVICE TO THE CITY OF PALM DESERT AND ITS PROMOTION COMMITTEE AND ITS CITIZENS' ADVISORY COMMITTEE FOR PROJECT AREA NO. 4. On behalf of the entire City Council, Mayor Kelly presented an engraved crystal clock to Dr. Post in recognition of his service to the City of Palm Desert. 2 MINUTES ,REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 2002 X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meetings of September 12, 2002; July 25 and August 8, 2002; and the Adjourned City Council Meeting of September 16, 2002. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 71, 73, 77, 80, 85, 86, 76PD Office Complex, and 83PD Office Complex. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE .byJimmyG's, Inc., 42-455 Washington Street, Palm Desert. Rec: Receive and file. D. MINUTES of City Committee and Commission Meetings. 1. Citizens' Advisory Committee for Project Area No. 4 Meeting of May 20, 2002. 2. Entrada Del Paseo Steering Committee Meetings of June 20, and July 3, 2002. 3. Housing Commission Meeting of August 14, 2002. 4. Library Promotion Committee Meeting of June 12, 2002. 5. Public Safety Commission Meeting of May 8, 2002. 6. Technology Committee Meeting of May 7, 2002, and Notes from July 2, 2002. Rec: Receive and file. E. RESOLUTION NO. 02-117, - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Files from the Department of Building & Safety that Have Been Microfilmed (May 2002). Rec: Waive further reading and adopt. F. REQUEST FOR ACCEPTANCE of Landscape Irrigation Supplies Proposal. Rec: By Minute Motion, accept the proposal submitted by United Green Mark, Palm Desert, California, for purchase of landscape irrigation supplies for the City of Palm Desert. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 2002 G. REQUEST FOR AUTHORIZATION, to Remodel Work Station at Desert Willow. Rec: By Minute Motion, approve the proposal by Closets By Design, Rancho Mirage, California, in the amount of $11,762 for remodeling of the Administrative Assistant's workstation at Desert Willow and authorize appropriation of said funds from Account No. 241-4195-495-8092. H. REQUEST FOR APPROVAL of Change Order No. 3 to Contract for Professional and Design Services for Storm Drain Improvement Plans for Cook Street and Frank Sinatra Drive (Contract No. C19240, Project No. 678-01). Rec: By Minute Motion, approve Change Order No. 3 in the amount of $6,300 to the subject contract with RBF Consulting, Palm Desert, California, and authorize the Mayor to execute same for additional construction survey staking services. I. REQUEST FOR AUTHORIZATION to Release Improvement Security for Tract No. 23148 (Edgehill Estates, LLC, c/o World Development, Inc., Applicant). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to release the subject improvement securities. J. REQUEST FOR APPROVAL of Final Parcel Map No. 24255 (Monterey 170, LLC/Thomas S. Noble, Applicant). Rec: Waive further reading and adopt Resolution No. 02-118, approving the Final Subdivision Map of Parcel Map 24255 and approving the agreement relating thereto. K. REQUEST FOR AUTHORIZATION to Release Improvement Security for Tract No. 29469 (World Development, Inc., Applicant). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to release the subject improvement securities. L. REQUEST FOR AUTHORIZATION to Advertise and Solicit Bids forthe Mass Grading of the 12-Acre School Site at Freedom Park (Contract No. C20440). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project at the appropriate time. 4 MINUTES ,REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 2002 M. REQUEST FOR APPROVAL of Proposal for Acceptance of the Local Law Enforcement Block Grant (LLEBG) Award and Matching Fund Expenditure. Rec: By Minute Motion, concur with the Police Department's proposal and accept the LLEBG Award in the amount of $32,986 and approve the matching fund expenditure of $3,665 in Police Contingency Funds for a total of LLEBG Grant eligible award amount of $36,651. N. REQUEST FOR AUTHORIZATION to Commission Artists' Proposals for the Fred Waring Corridor Project. Rec: By Minute Motion: 1) Concur with the recommendation of the Art In Public Places Commission and commission three artists to provide design concepts and budget proposals for sculpture for the Fred Waring Corridor Project at a cost of $1,500 each for expenses; 2) authorize the expenditure of said funds from Account No. 436-4650-454-3010 — funds have been budgeted in this account for FY 2002/03; no additional appropriation is required. O. INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies 2. Report from the 2002 "Cool Cash, Hot Deals" Promotion Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion. 3. Update on the Rutledge Way/Portola Avenue Drainage Project Mrs. Klassen noted for the record a change on page 15 of the Minutes of the September 12, 2002, meeting regarding Councilman Ferguson's vote on a Change Order favoring Granite Construction. She said she had spoken with Councilman Ferguson, and he indicated that, as in the past, it was his intention to abstain from voting on that item as he represents Granite Construction. The Minutes had been so changed to reflect that vote. Councilman Spiegel asked that Item 0-2 be removed from the Consent Calendar for separate consideration under Section XI, Consent Items Held over. Upon motion by Spiegel, second by Crites, the remainder of the Consent Calendar was approved as presented by a 5-0 vote of the Council. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 2002 XI. CONSENT ITEMS HELD OVER O. INFORMATIONAL ITEMS: 2. Report from the 2002 "Cool Cash, Hot Deals" Promotion Councilman Spiegel stated the report indicated the City had done everything in its power to make this promotion successful this year; unfortunately, the total performance was poorer than it had been in the past. He said the Finance Director indicated the City spent approximately $51 ,000 in promoting "Cool Cash, Hot Deals," including television, newspaper, etc. In a post -event survey returned by 24% of the participating merchants, only 17% considered the event "successful." He recommended that the program be reviewed for future such promotions. Mayor Pro-Tem Benson stated that the Retail Subcommittee, of which she was a Council liaison, consisted of retail representatives, and it could review this event. Councilman Spiegel moved to receive and file the report, directing that the Retail Subcommittee review the program for future such promotions, appointing Councilman Spiegel to assist Mayor Pro-Tem Benson on the Retail Subcommittee. Motion was seconded by Benson and carried by a 5-0 vote. XII. RESOLUTIONS A. RESOLUTION NO. 02-119 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING AN OVERALL ANNUAL DISADVANTAGED BUSINESS ENTERPRISE (DBE) GOAL FOR FEDERAL FISCAL YEAR 2002/2003 FOR DEPARTMENT OF TRANSPORTATION (DOT) ASSISTED CONTRACTS. Councilman Crites moved to waive further reading and adopt Resolution No. 02-119. Motion was seconded by Spiegel and carried by a 5-0 vote. B. RESOLUTION NO. 02-120 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE CITY TO ACCESS STATE AND CRIMINAL HISTORY INFORMATION FOR EMPLOYMENT, LICENSING, OR CERTIFICATION PURPOSES. Mayor Pro-Tem Benson moved to waive further reading and adopt Resolution No. 02-120. Motion was seconded by Spiegel and carried by a 5-0 vote. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 2002 XIII. ORDINANCES For Introduction: A. ORDINANCE NO. 1023 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING BY REFERENCE, WITH CERTAIN ADDITIONS, DELETIONS, AND AMENDMENTS, THE RULES, REGULATIONS, PROVISIONS, AND CONDITIONS SET FORTH IN THOSE CERTAIN CODES ENTITLED, "CALIFORNIA BUILDING CODE, VOLUMES 1 AND 2; UNIFORM BUILDING CODE, VOLUME 3; CALIFORNIA PLUMBING CODE; CALIFORNIA ELECTRICAL CODE; CALIFORNIA MECHANICAL CODE; CALIFORNIA FIRE CODE; THE MOST RECENT ADOPTED EDITIONS AND ALL FUTURE EDITIONS AS ADOPTED AND AMENDED BY THE CALIFORNIA BUILDING STANDARDS COMMISSION." Councilman Ferguson moved to waive further reading and pass Ordinance No. 1023 to second reading. Motion was seconded by Benson and carried by a 5-0 vote. B. ORDINANCE NO. 1024 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REVISING CHAPTER 19.01 IN TITLE 19 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO SWIMMING POOL CONSTRUCTION AND SAFETY. Mr. Hamidzadeh reviewed the staff report, noting that this would change two items on the City's existing ordinance. One change would be in the height of the barrier from 48 inches to a minimum of 60 inches. The other change would give the City enforcement power over gated communities. Upon question by Councilman Crites, Mr. Hamidzadeh said a homeowner who already has a 48-inch barrier would be required to raise it to 60 inches if there is a complaint. Councilman Crites asked if something happens down the road and someone falls over a 48-inch barrier, could that person sue the City for not enforcing the State law. Mr. Erwin responded that that person might try to sue the City but would not be successful. Upon further question by Councilman Crites, Mr. Hamidzadeh responded that new developments would have to comply with the new ordinance; existing homes with 48-inch barriers would not be considered to be in compliance. Mr. Erwin suggested that homeowners with 48-inch barriers should raise them to 60 inches; however, he did not know if the City would enforce that. The potential did exist, although it was not a responsibility that would be placed on the City, that if there is only a four -foot barrier and some accident occurs, that individual is not in current compliance. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 2002 Mr. Croy noted that the new Child Safety Act only requires one of four items to be on a house. If there is child safety through self -closing, self -latching doors or alarms, they are meeting the State requirement for the Child Safety Act, which was only written to protect the children from within the building going to a pool. The current City ordinance was to protect people from the outside from going into a pool. Councilman Ferguson asked whether existing four -foot walls would become lawful non -conforming uses (grandfathered in) if this ordinance is passed, with people having four -foot fences not being required to raise them by a foot. Mr. Erwin agreed. Councilman Ferguson noted per the staff report that people with four -foot walls could get latching doors, alarm doors, or a pool cover to meet the safety requirements. Councilman Spiegel stated that the City's septic tank ordinance provided that when the City installs sewers, people with existing septic tanks in good working order did not have to convert to sewer until such time as their home is sold. He asked if such a provision was included in this ordinance, and Mr. Erwin responded that this ordinance did not. Councilman Spiegel asked whether the State had requested that the City conform to the new law, and Mr. Croy noted that the Child Safety Act was part of the Health and Safety Code, and the City was required to enforce it. Currently the City's ordinance and the Health and Safety Code were in conflict. This would bring the City's ordinance in compliance with the State so there would be no obscurities except that the City had allowed 48-inch walls, and the State requires 60 inches. The City would require the 60-inch barriers for all new single-family, private swimming pools built (not including commercial pools, lakes, streams, or other items). Councilman Ferguson said he would like to look at the actual State law, which was not included in the packet. Mayor Kelly said he did not understand why the State law applied only to single-family residences and not multi -family. He said he also failed to see why it was sufficient for homeowners to comply with only one of five safety requirements (i.e., it was okay to have a shorter wall as long as there was an alarm on the door or one could have a higher wall and no door alarm). He said it did not make sense to him that other bodies of water were not included (i.e., lakes on the golf courses and parks, canals, etc.). Councilman Spiegel moved to continue this Ordinance to a date uncertain, directing that staff provide more information on several issues, including existing construction, multi -family housing, and protection for other bodies of water. Motion was seconded by Ferguson and carried by a 5-0 vote. 8 MINUTES ,REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 2002 C. ORDINANCE NO. 1025 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 10.98 IN SECTION 10.98.010 OF THE PALM DESERT MUNICIPAL CODE, RELATING TO COMMERCIAL VEHICLES. Mr. Ortega noted a letter was received from Tandem West Glass, Inc., and had been distributed to the Council. Councilman Crites moved to waive further reading and pass Ordinance No. 1025 to second reading. Motion was seconded by Benson and carried by a 5-0 vote. For Adoption: A. ORDINANCE NO. 1021 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO CHAPTER 25.16.090.A.2 OF THE PALM DESERT MUNICIPAL CODE, AS IT RELATES TO SETBACKS FOR GARAGES IN THE R-1 DISTRICT (City of Palm Desert, Applicant). Councilman Spiegel moved to waive further reading and adopt Ordinance No. 1021. Motion was seconded by Benson and carried by a 5-0 vote. B. ORDINANCE NO. 1022 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO CHAPTER 25.25 OF THE PALM DESERT MUNICIPAL CODE, OFFICE PROFESSIONAL ZONE, AS IT RELATES TO HOW BUILDING HEIGHT IS MEASURED (City of Palm Desert, Applicant). Councilman Spiegel moved to waive further reading and adopt Ordinance No. 1022. Motion was seconded by Benson and carried by a 4-1 vote, with Councilman Ferguson voting NO. XIV. NEW BUSINESS A. CONSIDERATION OF OPERATIONAL FUNDING PROPOSAL FOR A COACHELLA VALLEY ANIMAL SHELTER. Councilman Spiegel asked how the cost breakdown on an annual basis compared to what Palm Desert is paying now. Assistant to the City Manager Steve Aryan responded that the City of Palm Desert was currently paying $120,000 per year for these services. With this proposal, including field services, Palm Desert would pay an additional $67,000 per year. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 2002 Councilman Crites thanked Mayor Pro-Tem Benson, CVAG, and everyone involved for all of their hard work on this matter. Mayor Pro-Tem Benson moved to, by Minute Motion: 1) Approve the City of Palm Desert's participation in the Coachella Valley Animal Shelter; 2) approve the attached funding formula for the Shelter's operational costs. Motion was seconded by Crites and carried by a 5-0 vote. Mr. Aryan asked that the Council also appoint a member to serve as the City's representative to the Animal Campus Commission. Councilman Ferguson moved to, by Minute Motion, appoint Mayor Pro-Tem Benson to serve as the City's representative to the Animal Campus Commission. Motion was seconded by Spiegel and carried by a 4-0-1 vote, with Mayor Pro-Tem Benson ABSTAINING. B. CONSIDERATION OF ACCESS ONTO HOVLEY LANE EAST FOR THE CANTERRA APARTMENTS PROJECT. Mr. Ortega noted that this would modify an entrance to an existing project, and he said staff was available to answer any questions. Upon question by several Councilmembers, Mr. Greenwood reviewed the staff report and modifications in detail. Councilman Crites asked if there were dual left turns and deep pockets coming out of the project. Mr. Greenwood responded that these were not included as currently approved, and the driveway was fairly narrow. Councilman Crites suggested that the driveway to be aligned with the existing Desert Springs Villas driveway should be a very wide throat with dual left turns out and deep pockets to address current as well as future needs. Councilman Spiegel moved to, by Minute Motion, direct that the Developer of the subject project, at his expense, provide the following: 1) Modify access for Canterra Apartments Phase II to include aligning the project driveway with the existing Desert Springs Villas driveway on Hovley Lane East; 2) modify the existing driveway for Canterra Apartments Phase I to allow left turns into the project site but no left turns out of the site, including modification of the median island on Hovley Lane East; 3) provide a reciprocal access between Canterra Phase I and Phase II to be located approximately 50 feet south of Hovley Lane East; 4) design and install a traffic signal at the intersection of Hovley Lane East, Canterra driveway, and Desert Springs Villas driveway, with staff asked to ensure that the proposed modifications are adequate to address the present and future needs. Motion was seconded by Crites and carried by a 3-1-1 vote, with Mayor Kelly voting NO and Councilman Ferguson ABSTAINING. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 2002 C. REQUEST FOR APPROVAL OF THE INITIATION OF PROCEEDINGS FOR THE FORMATION OF THE `BOULDERS" LANDSCAPE AND LIGHTING DISTRICT. Councilman Spiegel asked why this was going to be a landscape and lighting district rather than a homeowners association. Mr. Alvarez responded that the construction was far along and that there was no choice at this point but to have a landscape and lighting district. Mr. Erwin added that the alternatives were available to the subdivider in the approval process. If Council is not inclined to move this forward, he suggested continuing the matter and directing staff and himself to sit down with the developer to see what can be worked out. Councilman Ferguson said it appeared the City was subsidizing assessment districts way beyond the original contemplation of cost, and whatever assessments are charged do not come near to meeting what the City is having to pay to keep those districts up. He said he would like to see staff look into whether these are fiscally sound and have adequate maintenance reserves built into them. In addition, he would like to see the actual cost of maintaining and preserving these districts reflected in the costs to the developer because once the homes are sold and the developer is gone, the homeowners have to pay for it. He said he did not want the City to get into the situation where it is subsidizing districts from day one and incurring more debt for other rate payers in the City who do not have the benefit of those districts. Councilman Crites suggested that staff also look at something like a full four- year reserve of funding so that it will carry the City through overages many years down the road. Mr. Alvarez stated that staff had contacted MuniFinancial which advised that by State law, the City can only collect up to 50% reserve based on the annual levy. At this point, the City was collecting 10% each year, building up to that 50%. Councilman Spiegel asked if it was possible to do away with assessment districts in the City for any new projects. Mr. Alvarez responded that staff was moving forward on that process, and this was one of several remaining districts in that area where the City needed to move forward with some type of mechanism. He said for future developments, the conditions of approval would be changed for tentative tract maps where a homeowners association would be required to be implemented. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 20012 • Mr. Erwin added that this particular condition was now being imposed on new applications that come to the City. Councilman Crites moved to continue this matter, asking that staff and the City Attorney investigate other means of accomplishing the subject landscaping/lighting and its maintenance. Motion was seconded by Spiegel and carried by a 5-0 vote. D. REQUEST FOR APPROVAL OF THE INITIATION OF PROCEEDINGS FOR THE FORMATION OF THE "PETUNIA I" LANDSCAPE AND LIGHTING DISTRICT. As with Item C above, Councilman Crites moved to continue this matter, asking that staff and the City Attorney investigate other means of accomplishing the subject landscaping/lighting and its maintenance. Motion was seconded by Spiegel and carried by a 5-0 vote. XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 1 TO THE CONTRACT FOR GROWING SPECIALTY PLANT MATERIAL FOR THE FRED WARING DRIVE WIDENING PROJECT FROM SAN PABLO AVENUE TO DEEP CANYON ROAD (CONTRACT NO. C19660-B). Mr. Ortega noted the staff report in the packets. Councilman Crites moved to, by Minute Motion, approve Change Order No. 1 in the amount of $86,050 to the subject contract with Randy G. Myers Nurseries, Palm Desert, California, for procurement of specialty plant material for the Fred Waring Drive Strip Park — funds are available in the FY 2002/03 Capital Improvements Program Budget. Motion was seconded by Benson and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 1 TO THE CONTRACT FOR CONSTRUCTION OF THE FRED WARING DRIVE IMPROVEMENTS FROM HIGHWAY 111 TO FAIRHAVEN DRIVE (CONTRACT NO. C19690, PROJECT NO. 651-99). Councilman Spiegel moved to, by Minute Motion: 1) Approve Change Order No. 1 in the amount of $59,701.59 to the subject contract with Riverside Construction Company, Inc., Riverside, California, and authorize the Mayor to execute same; 2) authorize the transfer of said funds from contingency to base contract. Motion was seconded by Ferguson and carried by a 5-0 vote. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 2002 XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF THE CONVEYANCE OF TWO RESIDENTIAL LOTS LOCATED ON GOLETA AVENUE TO HABITAT FOR HUMANITY OF THE COACHELLA VALLEY, INC., AND APPROVAL OF A DISPOSITION AND DEVELOPMENT AGREEMENT AND REGULATORY AGREEMENT REGARDING SAME. Mr. Ortega stated that any time a public agency is going to transfer property, there needs to be a public hearing to see if there is any objection to said transfer. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. No testimony was offered, and he declared the public hearing closed. Councilman Crites moved to: 1) Waive further reading and adopt Resolution No. 02- 127, approving the conveyance of certain real property located on Goleta Avenue and known as APN 625-021-002 and APN 625-021-019 to Habitat for Humanity of the Coachella Valley, Inc., for the purpose of constructing a single-family dwelling to be made available to a family of very low income; 2) by Minute Motion, approve the Disposition and Development Agreement by and between the City of Palm Desert and Habitat for Humanity dated September 26, 2002, and authorize the Mayor to execute same; 3) by Minute Motion, approve the Regulatory Agreement between the City of Palm Desert and Habitat for Humanity, restricting the sale of the residence to be constructed by persons or families of very low income, and authorize the Mayor to execute same. Motion was seconded by Ferguson and carried by a 5-0 vote. XVIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. CITY CLERK 1. Reminder of Study Session with the California Energy Coalition scheduled for 1:30 p.m. on Thursday, October 10, 2002. Mrs. Klassen reminded the Council of the Study Session prior to the next City Council meeting on October 10, 2002. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 2002 D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: None o City Council Committee Reports: None o City Council Comments: None XIX. ADJOURNMENT Councilman Spiegel moved to adjourn the meeting at 4:47 p.m. Motion was seconded by Crites and carried by a 4-0 vote, with Councilman Ferguson ABSENT. ATTEST: R A HELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA RICHARD S. KELLY, MAYOR / 14