Loading...
HomeMy WebLinkAbout2006-01-12MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 12, 2006 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Ferguson convened the meeting at 3:00 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson Councilman Buford A. Crites Mayor Pro Tem Richard S. Kelly Councilman Robert A. Spiegel Mayor Jim Ferguson 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 Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Mark D. Greenwood, City Engineer/Acting Director of Public Works Amir Hamidzadeh, Director of Building & Safety Philip Drell, Director of Community Development David Yrigoyen, Director of Redevelopment & Housing Frankie Riddle, Acting Director of Special Programs J. Luis Espinoza, Assistant Finance Director Walt Holloway, Battalion Chief, Palm Desert/Riverside County Fire Dept./CDF Steve Thetford, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept. Grace L. Mendoza, Deputy City Clerk III. ADJOURN TO CLOSED SESSION Request for Closed Session: NOTE: THE FOLLOWING PROPERTY NEGOTIATION ITEM APPEARED ON AN AGENDA ADDENDUM POSTED AT LEAST 72 HOURS PRIOR TO THE MEETING. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2006 Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 3.91 acres - APN 624-160-004 Negotiating Parties: Agency: Carlos L. Ortega/Philip Drell/City of Palm Desert Property Owner: Phil Cordova Under Negotiation: x Price x Terms of Payment Upon a motion by Spiegel, second by Kelly, and 5-0 vote of the City Council, Property Negotiation Item No. 2 was added to the agenda. 2) Property: 73-498 Joshua Tree Street, Palm Desert Negotiating Parties Agency: Carlos L. Ortega/City of Palm Desert Property Owner: Mario Hernandez Under Negotiation: x Price x Terms of Payment 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 Ferguson adjourned the meeting to Closed Session at 3:01 p.m. He reconvened the meeting at 4:00 p.m. IV. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT OF ALTERNATE MEMBER TO THE PALM DESERT YOUTH COMMITTEE. Councilman Crites moved to, by Minute Motion, appoint Raine Armstrong as an alternate member of the Palm Desert Youth Committee fora one-year term (2006). Motion was seconded by Benson and carried by 5-0 vote. B. APPOINTMENT OF MEMBER OF THE CITY COUNCIL TO SERVE AS ITS REPRESENTATIVE ON THE COACHELLA VALLEY CONSERVATION COMMISSION (CVCC). Mayor Ferguson stated for the record that he would be abstaining on this matter; therefore, he asked Mayor Pro Tem Kelly to conduct the discussion. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2006 Mayor Pro Tem Kelly, by Minute Motion, moved to appoint Councilman Crites to the Coachella Valley Conservation Commission (CVCC). Motion was seconded by Spiegel. Councilman Crites stated that the City also needed to appoint an alternate delegate. Councilman Spiegel offered to serve as the alternate. Mayor Pro Tem Kelly agreed to amend his motion to include appointing Councilman Spiegel as the alternate delegate to the CVCC. Motion was seconded by Benson and carried by a 4-0-1 vote, with Ferguson ABSTAINING. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meetings of December 8, and December 22, 2005, and the Special City Council Meeting of December 24, 2005. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 120, 121, 122, 125, 126, 129, 130, 133, and 134. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#558) by Southern California Edison in the Estimated Amount of $20,000. Rec: By Minute Motion, reject the Claim, which is being tendered to the responsible party, and direct the City Clerk to so notify the Claimant. D. CITY'S/REDEVELOPMENT AGENCY'S COMPLIANCE ANALYSIS and Investment Reports for October 2005 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2006 E. REQUEST FOR APPROVAL of the 2006 Master Consultants List for Professional Services (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: By Minute Motion, approve the subject list, as shown in the accompanying staff report, and authorize staff to negotiate agreements with qualified consultants listed therein —each agreement will be for professional services, will not exceed $25,000 in value, and will be presented for ratification at the next regular meeting of the City Council/Redevelopment Agency Board. F. REQUEST FOR AUTHORIZATION to Pay Educational Revenue Augmentation Fund (ERAF) Obligation from Redevelopment Agency Funding Sources (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: By Minute Motion, authorize and direct the City Manager, or his designee, to notify the Riverside County Auditor of the Redevelopment Agency's intent to pay ERAF from Agency funding sources. G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Keith C. Haskins and Douglas C. Wall for Cali Pasta, 73-575 El Paseo, Suite Nos. 2310-2312, Palm Desert. Rec: Receive and file. H. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Judith M. Oberman for Frankie J's, 73-460 Highway 111, Palm Desert. Rec: Receive and file. I. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Scott Wilson, Robert Wilson, and James Wilson for Fusion One 11, 73-850 Highway 111, Suite A, Palm Desert. Rec: Receive and file. J. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Sam's Club #6609, SEC Monterey Avenue/Dinah Shore Drive, Palm Desert. Rec: Receive and file. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2006 K. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Historic Preservation Committee Meetings of October 31, and November 4, 2005. 2. Parks & Recreation Commission Meeting of November 15, 2005. 3. Sister Cities Committee Meeting of November 17, 2005. 4. Youth Committee Meeting of November 1, 2005. Rec: Receive and file. L. RESIGNATION of Daniel Batalles from the Youth Committee. Rec: Receive with very sincere regret. M. RESOLUTION NO. 06-1 - Setting Forth its Findings and Authorizing the Destruction of Files from the Office of the Director of Finance that Have Been Digitally Imaged. Rec: Waive further reading and adopt. N. REQUEST FOR RATIFICATION of Contract Extension for Professional Services Agreement with Duane K. Munson (Contract No. C23020A). Rec: By Minute Motion, ratify the City Manager's approval of the one -month extension of the subject contract for the period of December 1-31, 2005. O. REQUEST FOR APPROVAL of Contract for Consulting Services for the Palm Desert Energy Conservation Plan (Contract No. C24690). Rec: By Minute Motion: 1) Approve the subject contract with EcoMotion Incorporated, Glendale, California, in the amount of $24,000 for compilation of the Palm Desert 30:30 Energy Conservation Plan; 2) authorize the Director of Finance to appropriate said funds from Unallocated General Funds for this contract. P. REQUEST FOR RATIFICATION of Contract for Noise Study Along Fred Waring Drive at Desert Breezes (Contract No. C24700). Rec: By Minute Motion, ratify the subject contract with Medlin & Associates, Inc., Carlsbad, California, in the amount of $24,995 — funds are available in Account No. 400-4399-433-4001. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2006 Q. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C23780 — Construction of the Miscellaneous Windbreak and Soil Stabilization Improvements for PM-10 Mitigation (Project No. 605-02) (Sierra Landscaping Company, Inc., 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. R. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C24120 — Presidents' Plaza III Parking Lot Seal Coat/Repair (Pacific Asphalt Services, Inc., Ontario, 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. Approved 4-0-1 with Mayor Ferguson ABSTAINING due to the proximity of this project to his law office. S. CONSIDERATION of a Letter from Time Warner Cable Relative to Proposed Redemption of Comcast's Ownership Interests in Time Warner Cable, Inc., and Time Warner Entertainment Company, L.P. Rec: By Minute Motion, receive and file the subject letter dated November 7, 2005. T. REQUEST FOR APPROVAL of Funding for Ongoing Shopping Cart Retrieval Services and Extension of Contract Through the End of Fiscal Year 2005/06. Rec: By Minute Motion, approve the appropriation of $15,000 from the Unobligated General Fund to provide for ongoing shopping cart retrieval services through the end of FY 2005/06 and extend the contract for retrieval services with California Shopping Cart Retrieval Corporation (CART) (Contract No. C24110) through the end of the fiscal year. U. REQUEST FOR AWARD OF BID for Restoration of the Public Artwork Known as "Charger." Rec: By Minute Motion, award the subject bid to Michael Volpone, Cathedral City, California, in the amount of $4,900 — funds are available in Account No. 240-4650-454-3372. Approved 4-0-1, with Mayor Ferguson ABSTAINING due to the proximity of this project to his law office. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2006 V. REQUEST FOR APPROVAL of the Operation of a Horse-drawn Carriage on El Paseo. Rec: By Minute Motion, authorize operation of a horse-drawn carriage on El Paseo by "Hay Dude" Ranch through May 31, 2006. W. REQUEST FOR AUTHORIZATION to Close El Paseo on February 11, 2006, for a 5/10K Run Event for the Palm Desert Senior Games. Rec: By Minute Motion, authorize the Coachella Valley Recreation & Park District to close El Paseo on Saturday, February 11, 2006, from 6:30 a.m. to 9:30 a.m. for the subject event. X. REQUEST FOR APPROVAL of Funding for Soroptimist International of Palm Desert's Art & Wine Tour of El Paseo, February 24, 2006. Rec: By Minute Motion, approve the request from Soroptimist International of Palm Desert and appropriate funds in an amount not to exceed $1,300 from the Unobligated General Fund for expenses associated with sponsorship of the 10`h Annual Art & Wine Tour of El Paseo. Mayor Ferguson noted for the record that he would be ABSTAINING on Items R and U because they were improvements to the property immediately surrounding his law office. Upon a motion by Kelly, second by Spiegel, and 5-0 vote of the City Council, with Ferguson ABSTAINING on Items R and U, the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER None VIII. RESOLUTIONS A. RESOLUTION NO. 06-2 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF TRACT NO. 32498 (Urban Habitat, Applicant). Mayor Pro Tem Kelly moved to waive further reading and adopt Resolution No. 06-2. Motion was seconded by Spiegel and carried by a 5-0 vote. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2006 IX. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1103 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM RIM (SINGLE-FAMILY/MOBILE HOME RESIDENTIAL) TO PR-9 AND PR-19 (PLANNED RESIDENTIAL, NINE UNITS PER ACRE AND 19 UNITS PER ACRE) FOR 755 MAXIMUM RESIDENTIAL UNITS (605 CONDOMINIUM/SINGLE-FAMILY UNITS AND A MAXIMUM 150 APARTMENT UNITS) ON 79.6 ACRES AT THE NORTHEAST CORNER OF FRANK SINATRA DRIVE AND GERALD FORD DRIVE (76-000 FRANK SINATRA DRIVE) Case No. C/Z 05-02 (Taylor Woodrow, Inc., and Emerald Brook, LLC, Applicants). Councilman Spiegel moved to waive further reading and adopt Ordinance No. 1103. Motion was seconded by Kelly and carried by a vote of 5-0. Councilmember Benson commented that she recently toured Taylor Woodrow's property in Norco. She felt it was an outstanding development — both on the inside and outside of the homes — and it will be a credit to this area of Palm Desert as well. B. ORDINANCE NO. 1105 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 2.16.010 OF THE PALM DESERT MUNICIPAL CODE (AUDIT, INVESTMENT AND FINANCE COMMITTEE). Mayor Pro Tem Kelly moved to waive further reading and adopt Ordinance No. 1105. Motion was seconded by Spiegel and carried by 5-0 vote. X. NEW BUSINESS A. REQUEST FOR APPROPRIATION OF FUNDS FOR THE NORTH SPHERE DRAINAGE STUDY PROJECT (PROJECT NO. 517-05). Mr. Greenwood stated that back in September, the City Council awarded a contract for the subject study to Van Dell & Associates. He said there are funds available in the Drainage Fund. However, at the time the contract was awarded, staff inadvertently forgot to request the necessary appropriation, and it was being requested at this time. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2006 Councilman Crites moved to, by Minute Motion, appropriate $351,308.10 from Unobligated Drainage Facility Fees to Fund 232 for the subject project. Motion was seconded by Spiegel and carried by a vote of 5-0. B. REQUEST FOR AWARD OF CONTRACT FOR THE ANNUAL CURB, GUTTER, AND SIDEWALK PROGRAM (CONTRACT NO. C24350, PROJECT NO. 753-06). Mayor Pro Tem Kelly moved to, by Minute Motion: 1) Award the subject contract to Contreras Construction Company, Indio, California, in the amount of $242,415 for construction of the necessary curb, gutter, and sidewalk installations; 2) approve a 10% contingency for the project in the amount of $24,241.50; 3) authorize the Mayorto execute said contract. Motion was seconded by Spiegel and carried by a 5-0 vote. C. REQUEST FOR AWARD OF CONTRACT FOR ENGINEERING SERVICES FOR DESIGN OF SIDEWALK IMPROVEMENTS ON COUNTRY CLUB DRIVE ALONG THE FRONTAGE OF PALM DESERT GREENS (CONTRACT NO. C24720, PROJECT NO. 699-06). Councilmember Benson moved to, by Minute Motion: 1) Award the subject contract to Omnis Inc., Chino Hills, California, in the amount of $29,800; 2) approve a 10% contingency for the project in the amount of $2,980; 3) authorize the Mayorto execute said agreement. Motion was seconded by Kelly and carried by 5-0 vote. D. CONSIDERATION OF THE SANDCASTLES ASSESSMENT DISTRICT. Councilman Spiegel moved to by Minute Motion, authorize staff to send a resident survey to determine if a majority of the residents favor modification to the assessment if the City renovates the district; if survey results are positive, staff would return to the City Council for authorization to proceed with a formal district balloting and subsequent renovation. Motion was seconded by Crites and carried by 5-0 vote. XI. CONTINUED BUSINESS A. REQUEST FOR AWARD OF BID FOR PURCHASE OF TWO PICK-UP TRUCKS (Continued from the meeting of December 8, 2005). Mr. Greenwood said after the question was raised of whether or not the pick- up trucks were available in a CNG configuration, staff investigated and found that they were available from one manufacturer, Chevrolet or General Motors. However, he said staffs concern was that the nearest servicing dealership was located in Riverside; previous experience with vehicles that had to be serviced in Riverside wasn't very successful. Therefore, staff recommended purchase of the gasoline -powered vehicles, and he pointed out that the gasoline vehicles were in the same emissions category as the CNG vehicle —they currently have an equal amount of emissions. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2006 Councilman Spiegel moved to, by Minute Motion, award the purchase of two, Ford F-150 pick-up trucks to Moss Bros. Ford, Colton, California, in the amount of $32,817.76 — funds are available in the Equipment Replacement Fund, Account No. 530-4195-415-4030. Motion was seconded by Crites and carried by 4-1 vote, with Kelly voting NO. B. REQUEST FOR AWARD OF BID FOR PURCHASE OF FLATBED TRUCK (Continued from the meeting of December 8, 2005). Mr. Greenwood said on this particular model, there were no CNG-powered vehicles available. Councilman Spiegel moved to, by Minute Motion, award the purchase of a flatbed truck (Ford F-550) to Moss Bros. Ford, Colton, California, in the amount of $32,066.37 — funds are available in Account No. 110-4310-433-4045. Motion was seconded by Benson and carried by a 4-1 vote, with Kelly voting NO. XII. OLD BUSINESS A. REQUEST FOR APPROVAL OF GRANT FUNDING FOR PALM DESERT PRESBYTERIAN PRESCHOOL AND KINDERGARTEN FROM THE CITY'S CHILD CARE DEVELOPMENT FEES FUND 228 FOR PLAYGROUND AND FACILITY IMPROVEMENTS. Mr. Ortega stated that staff would be providing some additional information on this matter regarding the City's ability to make such a grant. Therefore, he said a continuance to the next meeting was requested. Mayor Ferguson said as he understood it, the City's attorney wanted a chance to meet with Ms. Garrard and get a better understanding of their operations before he provided an opinion. Councilman Spiegel moved to continue this matter to the meeting of January 26, 2006. Motion was seconded by Crites and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 3 TO CONTRACT NO. C19250 — DESIGN ENGINEERING OF THE PALM DESERT CORPORATION YARD EXPANSION (PROJECT NO. 715-00). Councilmember Benson moved to, by Minute Motion, approve Change Order No. 3 in the amount of $66,700 to the subject contract with David Evans and Associates, Ontario, California, for construction design support services — funds are available in Account No. 231-4330-413-4001. Motion was seconded by Kelly and carried by 5-0 vote. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2006 XIII. PUBLIC HEARINGS A. CONSIDERATION OF THE FORMATION OF CITY OF PALM DESERT COMMUNITY FACILITIES DISTRICT (CFD) NO. 2005-1 (UNIVERSITY PARK) (Continued from the meeting of December 8, 2005). In response to Mayor Ferguson's question, Mrs. Klassen said she was now executing the "Concurrence of the City Clerk of the City of Palm Desert Acting in the Capacity of Elections Official with Regard to a Special Election in Connection with City of Palm Desert Community Facilities District No. 2005-1 (University Park)." Mr. Yrigoyen stated that Resolution No. 06-3 for the Road Improvement Agreement would be considered prior to opening the public hearing. Its purpose was to provide for the concurrent construction of improvements along the north and south sides of Gerald Ford Drive. Mayor Ferguson asked his colleagues to take up consideration of Resolution No. 06-3. Councilman Crites moved to waive further reading and adopt Resolution No. 06-3, approving the form of a road improvement agreement relating to Gerald Ford Drive by and among the City of Palm Desert and certain property owners. Motion was seconded by Kelly and carried by 5-0 vote. Mayor Ferguson reconvened and opened the public hearing. Mr. Yrigoyen explained that the developers initially proposed to finance the development and impact fees of the Palm Springs Unified School District with the CFD, as reflected in the facilities list in the Resolution of Intention adopted on October 13, 2005. However, he said the developers had re- evaluated their cost projections, and because the cost of the eligible City facilities and Coachella Valley Water District facilities will likely consume all of the CFD bond proceeds, the developers have determined to eliminate the School District Fees from the list of eligible facilities to be financed by the CFD. He noted that the developers will still be obligated to pay the fees, they just won't be paid through the CFD. The list of eligible facilities approved by the Resolution of Intention also included two open -space park areas, identified as Parks E and F, which will be located on the southwest and southeast corners of the intersection of Pacific Avenue and Gerald Ford Drive. He said based on discussion with the City's Public Works and Planning Departments, as well as with the developers, it has been determined that the Parks E and F will be owned and maintained by the homeowners association rather than the City. The CFD bonds will be tax- exempt, and the IRS limits the amount of CFD bond proceeds that may be spent on non -governmental facilities to 5% of the CFD construction funds. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2006 He said the CFD will not be able to finance the improvements of Parks E and Fin addition to other private facilities, such as utilities and HOA- owned slopes, without exceeding the 5% limit. Therefore, Parks E and F must be eliminated from the list of eligible facilities. He went on to say that the Mello -Roos Act directs that any modifications to the Resolution of Intention that eliminate facilities shall be made by an action of this Council at a public hearing. He said staff recommended that the City Council next take action to modify the Resolution of Intention to eliminate the facilities of the Palm Springs Unified School District and to eliminate Parks E and F. Mayor Ferguson invited all interested persons and taxpayers to testify orally or in writing, FOR or AGAINST: 1) Establishment of the District; 2) extent of the District; 3) furnishing of specified types of public facilities to serve the District; 4) the proposed rate and method of apportionment of the Special Tax; 5) the incurrence of bonded indebtedness. With no public testimony offered, he declared the public hearing to be closed. In response to the Mayor's question as to whether or not any a majority protest existed against items 1-5 above, Mrs. Klassen confirmed that no written protests had been received from the landowners within the District; therefore, a majority protest did not exist. Councilman Crites moved to waive further reading and adopt Resolution No. 06-4, modifying the resolution of intention to eliminate certain facilities from financing by proposed City of Palm Desert CFD No. 2005-1 (University Park). Motion was seconded by Spiegel and carried by 5-0 vote. Mayor Ferguson stated that since a majority protest did not exist, it was appropriate for the City Council to consider resolutions relative to: 1) Approval of a Joint Community Facilities Agreement regarding Coachella Valley Water District facilities to be financed by the District; 2) formation of the District; 3) declaring the necessity to incur bonded indebtedness within the District; 4) calling a Special Election within the District. He said this would be Resolution Nos. 06-5, 06-6, 06-7, and 06-8, respectively. In response to the Mayor's question, City Attorney Erwin affirmed that the aforementioned resolutions could be taken up jointly. Responding to Councilman Crites' question about the level and amount of fees being assessed at issuance of the grading permit rather than immediately, Mr. Greenwood answered that generally the bulk of the fees were paid at grading permit issuance, and school fees and such were paid at building permit issuance. In further response, he said this project had already paid significant fees. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2006 Councilman Crites moved to waive further reading and adopt: 1)Resolution No. 06-5, approving the form of a Joint Community Facilities Financing Agreement by and among the City of Palm Desert, the Coachella Valley Water District, and property owners pertaining to the City of Palm Desert CFD No. 2005-1 (University Park); 2) Resolution No. 06-6, establishing City of Palm Desert CFD No. 2005-1 (University Park), making environmental findings with respect thereto, adopting a mitigated negative declaration in connection therewith, establishing an appropriations limit therefor, authorizing the levy of a special tax therein, and submitting the establishment of an appropriations limit and the levy of a special tax to the qualified electors thereof; 3) Resolution No. 06-7,declaring the necessity to incur bonded indebtedness within City of Palm Desert CFD No. 2005-1 (University Park); 4) Resolution No. 06-8, calling a special election within City of Palm Desert CFD No. 2005-1 (University Park). Motion was seconded by Benson and carried by a vote of 5-0. Mayor Ferguson stated that pursuant to Resolution No. 06-8, calling for the Special Election for the incurrence of bonded indebtedness, levy of the Special Tax, and establishment of the appropriations limit for City of Palm Desert Community Facilities District 2005-1, the Election was now open and he asked the City Clerk to conduct it. Mrs. Klassen reported that she had authorized two deputies, the City's own Deputy City Clerk, Grace Mendoza, and Diana Chuang of Richards, Watson & Gershon, to count the ballots at this time. With City Council concurrence, Mayor Ferguson suspended the agenda at this point so that the Canvass of the Special Election could be completed, and he took up consideration of the next two Public Hearing items. Following their completion, he returned to this matter to declare the Election results and take the necessary actions. Upon question, Mrs. Klassen responded that the eight ballots from the landowners in the District had been received. She went on to say that the Canvassing Board of the City of Palm Desert Community Facilities District No. 2005-1 (University Park) Special Election held on January 12, 2006, had completed its canvass of the ballots, as follows: Proposition A — 269 votes cast in support of the proposition, and 0 votes cast in opposition to the proposition. Therefore, Proposition A was approved with 100% vote in favor. Proposition B — 269 votes cast in support of the proposition, and 0 votes cast in opposition to the proposition. Therefore, Proposition B was approved with 100% vote in favor. Mayor Ferguson then asked his colleagues to consider Resolution No. 06-9, declaring the results of the Election. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2006 Councilman Spiegel moved to waive further reading and adopt Resolution No. 06-9, declaring the results of a special election in City of Palm Desert CFD No. 2005-1 (University Park) and directing the recording of a notice of special tax lien. Motion was seconded by Kelly and carried by 5-0 vote. Mayor Ferguson called attention to the introduction of Ordinance No. 1107 and asked his colleagues for their consideration. Councilmember Benson moved to waive further reading and pass Ordinance No. 1107 to second reading, authorizing the levy of a special tax within said district. Motion was seconded by Kelly and carried by 5-0 vote. B. REQUEST FOR APPROVAL OF A STREET NAME CHANGE FOR THE WESTERLY PORTION OF GREENE WAY TO TIERRA DEL SOL. Mr. Greenwood said staff would likely be seeking a continuance on this matter, as there was initially a unanimous request from residents; however, there was now dissension in that group. Additionally, he said while there was also initial concurrence from the Fire Department and Fire Marshal, they were now also reconsidering. Further, the staff report reflected an incorrect name, it should be "Tierra del Oro." Therefore, he said staff recommended opening the public hearing, taking any public testimony, then continuing the matter so that staff can meet with residents and the Fire Marshal and also correct the staff report. Mayor Ferguson declared the public hearing to be open and invited public testimony on this matter. MS. LORI GAGNON, affected resident, said her current address was one of those in question (either Edgehill Drive or Willow Street). She stated that she and her neighbors had met and signed a unanimous consent for Tierra del Oro, with the exception of the church. She said it was now up to the City to make the change official. Responding to question, Mr. Greenwood stated a 30-day continuance was requested, noting that a resident who initially was in agreement on this matter had just contacted the City indicating he'd changed his mind; and he was currently out of town. Councilman Spiegel moved to continue this matter to the meeting of February 9, 2006. Motion was seconded by Kelly and carried by a 5-0 vote. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2006 C. REQUEST FOR APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, A CHANGE OF ZONE FROM S.I. (SERVICE INDUSTRIAL)TO PR-13 (PLANNED RESIDENTIAL, 13 UNITS PERACRE), A PRECISE PLAN/CONDITIONAL USE PERMIT, AND TENTATIVE TRACT MAP FOR CONDOMINIUM PURPOSES TO CONSTRUCT 247 RESIDENTIAL CONDOMINIUM UNITS ON A 20-ACRE SITE AT THE NORTHEAST CORNER OF GATEWAY DRIVE AND 35TH AVENUE (73-600 35TH AVENUE) — PROJECT INCLUDES A HEIGHT EXCEPTION FOR ROOF ELEMENTS TO A MAXIMUM OF 34-FEET 6-INCHES Case Nos. C/Z 05-03, PP/CUP 05-22, and TT 34179 (Summit Properties, Applicant). Mayor Ferguson noted that a request to continue this matter had been submitted. Mayor Ferguson declared the public hearing to be open and invited public testimony on this application. No public testimony was offered. Responding to question, Planning Manager Steve Smith said that the Applicant now requested a longer continuance to February 23. Councilman Spiegel moved to continue this matter to the meeting of February 23, 2006. Motion was seconded by Kelly and carried by a vote of 5-0. D. CONSIDERATION OF AN AMENDMENT TO THE PALM DESERT MUNICIPAL CODE, ZONING ORDINANCE CHAPTER 25.30, TO ALLOW "SUPERMARKETS" NOT EXCEEDING 50,000 GROSS SQUARE FEET AS CONDITIONAL USES IN THE REGIONAL COMMERCIAL PC(3) ZONE Case No. ZOA 05-04 (City of Palm Desert, Applicant). Mr. Smith reviewed the case, noting that supermarkets were prohibited in the PC(3) zone as a result of the adoption of Ordinance 636 in response to neighborhoods' concerns about the impacts of some aspects of supermarket use, particularly the loading areas and hours of operation. He said having the threshold at 20,000 square feet allowed the City to bring in Trader Joe's, but it eliminated traditional supermarkets, which at that time were in the range of 50,000 square feet. He observed that the City had recently become aware of several prospective vacancies on large tenant spaces in the PC(3) zone; and concurrently, representatives of several specialty food stores had also approached the City about locating in these prospective vacant spaces. He went on to say that in the interim between 1990-91 to date, traditional supermarkets had grown to be in the 70,000+ square foot range, while specialty food stores (i.e., Trader Joe's, Bristol Farms, Whole Foods) have also grown into the 40,000-50,000 square foot range. Accordingly, staff proposed amending the Municipal Code to allow supermarkets up to 50,000 square feet in the PC(3) zone with the approval of a Conditional Use Permit, 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2006 which provides the City Council with the ability to look at the application and address any concerns or impacts, and to reject the application if the concerns cannot be mitigated. He commented that at its December 6, 2005, Meeting, Planning Commission unanimously recommended approval of the amendment. He offered to answer questions. Mayor Ferguson declared the public hearing open and invited public testimony SUPPORTING or OPPOSING this amendment. With no public testimony offered, he declared the public hearing closed. Councilman Spiegel moved to waive further reading and pass Ordinance No. 1108 to second reading, approving Case No. ZOA 05-04. Motion was seconded by Kelly and carried by 5-0 vote. XIV. REPORTS AND REMARKS A. CITY MANAGER Mr. Ortega commended everyone who participated in the successful development of and outcome for Community Facilities District No. 2005-1 (University Park)— all City/Redevelopment Agency staff and its legal counsel, Diana Chuang of Richards, Watson & Gershon, and property owners in the District — for an enormous undertaking that will serve to accomplish a great deal of infrastructure construction and further the Council's desires for this region of the City. B. CITY ATTORNEY None C. CITY CLERK 1. Reminder of Joint City Council/Historic Preservation Committee Study Session, Thursday, January 19, 2006, 11:00 a.m. City Councilmembers acknowledged the reminder. D. PUBLIC SAFETY o Fire Department None o Police Department None 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2006 E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Councilman Crites commented that the Mayor had recently been provided with a satellite telephone for emergency purposes. Inasmuch as all City Councilmembers are very active and in various locations at any given time, he asked City staff to look into supplying a satellite phone to the Mayor Pro Tem as well so that the City would be able to contact at least two officials during an emergency. In answer to Mayor Ferguson's question about whether or not the cost for satellite phones was prohibitively expensive, Risk Manager Gary Rosenblum said he would provide information about cost of the phones and ongoing service, and Councilmembers could determine if they wanted to obtain four more units. City Councilmembers concurred and asked if an item could be placed on a future meeting agenda for such action. o City Council Committee Reports: 1. Coachella Valley Animal Campus — Councilmember Benson stated that the invitations were being sent for the official grand opening of the Animal Campus on February 9 at 10:30 a.m. She went on to say that at a meeting this morning, the Valley's Animal Campus partner, Animal Samaritans, also announced initiation of their capital campaign, adding that they spayed/neutered over 6,000 animals last year and placed over 650 animals in adoptive homes from their present facility. Additionally, she said the County had just defined their euthanasia philosophy, whereby no adoptable animal will be put down because of the length of time it's been sheltered, and measures will be implemented to place as many animals as possible. 2. Sister Cities Committee — Councilman Crites thanked his colleagues for participating in activities surrounding the recent visit by the Mayor and official delegation from Ixtapa- Zihuatanejo, Mexico. He said at its recent meeting, the Committee received a report on the Lifeguard Program it funded, which has resulted in a significant reduction in water - related accidents (17 deaths last year compared to zero this 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2006 year). He went on to say communities within 100 miles were coming there specifically for training in this program, and they were also making a major investment in lifeguard towers. Further, he said the hospital at Vallecitos is now open, and the invitation was extended to Palm Desert to visit there whenever it has the opportunity. 3. 2 x 2 Committee — Councilman Crites commented that he and Councilman Spiegel recently participated in a 2 x 2 Meeting, and the School District requested a countdown crosswalk signal at the intersection of Portola Avenue and Fred Waring Drive, which serves an enormous number of students. He asked that installation be expedited. City staff members responded that there was already a countdown crosswalk signal installed there. Councilman Crites asked staff members to work with the District to see whether a longer timer or other modification may be in order to respond to the request. 4. Coachella Valley Conservation Commission — Councilman Crites reported that the CVCC met for the first time today; all City Attorneys were asked to look at the proposed bylaws and forward any comments onto CVAG Counsel. He also provided an outline of the proposed implementation agreement for Mr. Drell's review and thanked him for volunteering to serve on an implementation committee. 5. CVAG Enerav & Environment Committee — Councilman Crites stated that at today's meeting, the Committee unanimously passed the final version of the Habitat Conservation Plan onto the Executive Committee. 6. Parks & Recreation Commission — Councilman Spiegel stated that the Commission is giving serious consideration to recommending an ice skating rink for the City of Palm Desert. He said it looked very promising, with the applicants currently operating a very successful rink in Ontario. Once the Commission has finalized its review, the recommendation will be forwarded to the City Council in the next few weeks. o City Council Comments: 1. Mayor Pro Tem Kelly noted that in the Governor's recent address, many of the items were works in progress; however, 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2006 one of the announcements of particular importance was that he would not approve the transfer of funds from Proposition 42. He explained that it takes the Governor and both Houses of the Legislature to do so; currently about $70 million is earmarked for counties and cities, with about 40% of it designated for cities. Further, he said if all the Governor's proposed transportation programs go through, it will be a tremendous boon to Riverside County. 2. Councilman Spiegel stated that The Gardens On El Paseo will have their Wine, Cheese & Music series again this season, benefiting various local charities with the sales of tickets for the events at $10 per person. On Saturday, February 18, he said the City -sponsored After School Programs at Lincoln Elementary and Palm Desert Middle School will be recipients of the proceeds, and he asked staff to make the appropriate media announcements to generate a robust turnout. In answer to question, he said the reception starts at 5:30 p.m., the concert begins at 6:00 p.m. and goes until at least 7:00 p.m. 3. Mayor Ferguson commented that asjiis colgues may have read in the newspaper following theTStatet of the City Address at the Chamber of Commerce breakffst,'he=and Mr. Ortega traveled to San Francisco on Monday meet with the heads of Edison, The Gas Camparly, and The Energy Coalition. He said they presented=a draft of the program prepared by the City's Office of Energy,Efficiency, which was a work in progress, but as it looked currently; district managers of Edison will approve the program by the end of January. Hopefully, the heads of Edison and The Gas Company will approve it by the end of February, and it should return to the City Council for its first meeting in March, concurrently with consideration for approval by the Public Utilities Commission. By that time, he said the costs, funding, and personnel requirements should all be known. He continued to believe all indications were positive, given direction given by the Chairman of the Public Utilities Commission when this program was conceived --to develop a program that any city in California could do to increase energy efficiency --which he felt would mean Palm Desert would not have to spend a lot of money. Although he didn't know exactly how the funding would be applied, Edison and The Gas Company had pledged personnel at their expense. He looked forward to bringing a package back to his colleagues that he felt would, indeed, provide a 30% reduction in energy use and be funded with money set aside by the State for this purpose! 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2006 XV. ORAL COMMUNICATIONS - C None XVI. ADJOURNMENT Upon a motion by Spiegel, second by Kelly, and unanimous vote of the City Council, Mayor Ferguson adjourned the meeting at 5:32 p.m. ATTEST: RAHELLE D.-K SE , CITY CLERK CITY OF PALM DESERT, CALIFORNIA 20