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HomeMy WebLinkAbout2006-07-13MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JULY 13, 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 Mayor Pro Tem Richard S. Kelly Councilman Robert A. Spiegel Mayor Jim Ferguson Also Present: Justin McCarthy, Acting City Manager David J. Erwin, City Attorney Sheila R. Gilligan, ACM for Community Services Homer Croy, ACM for Development Services Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Amir Hamidzadeh, Director of Building & Safety Patrick Conlon, Director of the Office of Energy Management Paul S. Gibson, Director of Finance/City Treasurer David Yrigoyen, Director of Redevelopment & Housing John Garcia, Engineering Manager Craig Kilday, Chief of Police, Palm Desert Police/Riverside Co. Sheriff's Dept. Walt Holloway, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./CDF Grace L. Mendoza, Deputy City Clerk III. ADJOURN TO CLOSED SESSION Reauest for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2006 1) Property: Right -of -Way Acquisition for Monterey Avenue/I-10 Interchange Modification (APNs 653-170-039/041/042) Negotiating Parties Agency: Carlos L. Ortega/Mark D. Greenwood/City of Palm Desert Property Owner: Newmark-Merrill/Prism Group Under Negotiation: x Price x Terms of Payment 2) Property: 15.62 acres, APNs 624-160-001/002 Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Coachella Valley Recreation & Park District Under Negotiation: x Price x Terms of Payment NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THE MEETING. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9 (a): a) City of Palm Desert v. South Beach Restaurant & Nightclub, Riverside County Superior Court Case No. 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 4:01 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 TO THE PALM DESERT YOUTH COMMITTEE. Councilman Spiegel moved to, by Minute Motion, appoint Kevin D. Francis to the Palm Desert Youth Committee to fill an existing vacancy (Term 12/31/06). Motion was seconded by Kelly and carried by a 4-0 vote. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2006 B. APPOINTMENT TO THE PALM DESERT YOUTH COMMITTEE. Councilman Spiegel moved to, by Minute Motion, appoint Gurtej S. Gill to the Palm Desert Youth Committee to fill an existing vacancy (Term 12/31/06). Motion was seconded by Kelly and carried by a 4-0 vote. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of June 22, 2006. Rec: Approve as presented. Continued to the meeting of August 24, 2006. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 254, 257, 261, 262, 265, and 268. Rec: Approve as presented. C. CITY'S/AGENCY'S COMPLIANCE ANALYSIS and Investment Reports for May 2006 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. D. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Audit, Investment & Finance Committee Meetings of September 28, October 26, and November 23, 2005; and January 24, 2006. 2. Historic Preservation Committee Meeting of April 24, 2006. 3. Marketing Committee Meeting of May 16, 2006. 4. Public Safety Commission Meeting of April 12, 2006. 5. Sister Cities Committee Meeting of April 6, 2006. Rec: Receive and file. E. LETTER OF RESIGNATION from Jim Ron — Library Promotion Committee. Rec: Receive with very sincere regret. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2006 F REQUEST FOR AWARD OF CONTRACT for Reverse Osmosis Drinking Water Purification Systems at the Civic Center, Corporation Yard, and Visitor Center (Contract No. C25480). Rec: By Minute Motion, award the subject contract for six (6) reverse osmosis drinking water systems for the Civic Center, Corporation Yard, and Visitor Center to Pure Water Technology, Redlands, California, in the amount of $3,801.36 annually — funds are available in the Building Operation/Maintenance Account No. 110-4340-413-3310. At the request of staff, this item was withdrawn from consideration at this meeting. G. REQUEST FOR RATIFICATION and Approval of Additional Professional Architectural Services Related to the Fire Station No. 67 (Mesa View) Renovation Project (Contract No. C20580C). This item was removed for separate consideration. Please see the resulting discussion and action under Section VII - Consent Items Held Over. H. REQUEST FOR RATIFICATION of the City Manager's Approval of Change Order No. 5 for the Fire Station No. 67 (Mesa View) Renovation Project (Contract No. C2058001). Rec: By Minute Motion, ratify the City Manager's approval of Change Order No. 5 in the amount of $21,421.45 to the subject contract with Commercial Diversified, Inc., Twentynine Palms, Califomia, for various improvements associated with the Fire Station No. 67 Renovation Project. I. REQUEST FOR RATIFICATION of City Manager's Approval of Mold/Asbestos Remediation and Testing Services Associated with the Fire Station No. 67 Renovation Project. Rec: By Minute Motion: 1) Ratify the City Manager's approval of mold/asbestos remediation and testing services in the amount of $8,624.31 associated with the Fire Station No. 67 Renovation Project; 2) appropriate $8,624.31 from the Unobligated Construction Tax Fund 231 to pay for mold/asbestos remediation and testing services at Fire Station No. 67. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2006 J. REQUEST FOR RATIFICATION of the City Manager's Approval of the Purchase of New Air Conditioning Condensing Units at Fire Station No. 67. Rec: By Minute Motion: 1) Ratify the City Manager's approval of the purchase of two new air conditioning condensing units for Fire Station No. 67 from Esser Air Conditioning, Palm Desert, California, in the amount of $5,200; 2) appropriate $5,200 from the Unobligated Construction Tax Fund 231 for this purpose. K. REQUEST FOR AUTHORIZATION to Reject Non -responsive Bids and Approve the Purchase of Fertilizer Supplies to be Used in the Maintenance of City Landscapes and Parks. Rec: By Minute Motion, reject non -responsive bids from John Deere, Inc., Helena Chemical Company, Inc., and Imperial Sprinkler Supply; and approve purchase of fertilizer supplies from High Tech Irrigation, Inc., Palm Desert, California, in the amount of $25,607.60 — funds are available in Account Nos. 110-4610-453-2190, 110-4611-453-3320, 110-4611-453-3370, and 110-4611-453-3371. L. REQUEST FOR AUTHORIZATION to Reject Non -responsive Bid and Approve Purchase of Irrigation Supplies to be Used in the Maintenance of City Landscape Areas and Parks. Rec: By Minute Motion, reject the non -responsive low bid from High Tech Irrigation, Inc., Palm Desert, Califomia, and approve of the purchase of irrigation supplies from John Deere, Inc., Palm Desert, California, in the amount of $8,291.22 — funds are available in Account Nos. 110-4610-453-2190, 110-4611-453-3320, 110-4611-453-3370, and 110-4611-453-3371. M. REQUEST FOR RATIFICATION of the City Manager's Authorization of Contract for Traffic Engineering Supplemental Support to the Public Works Department (Contract No. C25490). Rec: By Minute Motion, ratify the City Manager's authorization to enter into the subject agreement with Harris and Associates, Palm Desert, California, in the amount of $9,900 and authorize the Mayor to execute same — funds are available in Account No. 110-4250-433-3325. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2006 N. REQUEST FOR RATIFICATION of the City Manager's Authorization of Contract for Traffic Engineering Supplemental Support to the Public Works Department (Contract No. C25500). Rec: By Minute Motion, ratify the City Manager's authorization to enter into the subject agreement with Traffex Engineers, Inc., Ventura, California, in the amount of $15,080 and authorize the Mayor to execute same — funds are available in Account No. 110-4250-433-3325. O. REQUEST FOR AUTHORIZATION to Release Improvement Security for Tract No. 29468 (Stonebridge Development, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the subject improvement security for Tract No. 29468, Stonebridge Palm Desert, LLC. P. REQUEST FOR EXTENSION of Contract for Shopping Cart Retrieval Services through the End of Fiscal Year 2006/07 (Contract No. C24111). Rec: By Minute Motion, approve a 12-month extension to the subject contract with Califomia Shopping Cart Retrieval Corporation (CART), Citrus Heights, California, through the end of FY 2006/07 — funds in the amount of $15,000 are available in Account No. 110-4260-422-3090. Q. CONSIDERATION of the Acceptance of Two Metal Sculptures as Donations to the City's Permanent Public Art Collection. This item was removed for separate consideration. Please see the resulting discussion and action under Section VII - Consent Items Held Over. R. REQUEST FOR APPROVAL of the Possession and Consumption of Wine on City -owned Property in Connection with Receptions for Art Exhibitions to be held in the Palm Desert Community Gallery (Visitor Center) Between August 2006 and June 2007. Rec: By Minute Motion, permit the possession and serving of wine in connection with the opening receptions for art exhibitions to be held in the Palm Desert Community Gallery between August 2006 and June 2007; tentative dates for the receptions are: 1) August 1 - The S.C.R.A.P. Gallery; 2) October 3 - The Art of Food and Wine Exhibition; 3) December 5 - Animal Instincts; 4) February 6 - Snapshots of a Century in The West; 5) June 5 - Illona Passino and Scott Christopher Britain. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2006 S. INFORMATIONAL REPORT - Civic Center Photovoltaic Solar System Performance Cost Savings. Rec: Receive and file. Councilman Spiegel requested that Item G be discussed separately, Councilmember Benson requested that Item Q be discussed separately, and Mrs. Klassen asked that Item A, Minutes of the June 22, 2006, City Council Meeting be continued to the next meeting. Upon motion by Spiegel, second by Kelly, and 4-0 vote of the City Council, the remainder of the Consent Calendar was approved as presented, including continuance of Item A to the next meeting, with exception of Item F, which was withdrawn from consideration. VII. CONSENT ITEMS HELD OVER G. REQUEST FOR RATIFICATION and Approval of Additional Professional Architectural Services Related to the Fire Station No. 67 (Mesa View) Renovation Project (Contract No. C20580C). Councilman Spiegel commented the construction of the firehouse had taken much longer than he anticipated; the project started June 2005, and he hoped it would be completed soon. Mr. Aryan reported the interior work had been completed, short of some minor items, and the crew had already reported back to the station. He said there was about 10% of the work left to be done and expected it would be completed by the end of summer. In answer to Councilman Spiegel's question, Mr. Aryan responded the interior work overall appeared to be adequate, but in terms of being late on the project, staff intended to negotiate liquidated damages upon completion of the project. Councilman Spiegel moved to, by Minute Motion: 1) Ratify and approve additional professional architectural services from Urrutia Architects, Palm Springs, California, in an amount not to exceed $23,147.50 plus 10% for incidentals, related to the Fire Station No. 67 Renovation Project; 2) appropriate $23,147.50 from the Unobligated Construction Tax Fund 231 for Professional Architectural Services Related to the Fire Station No. 67 Renovation Project, including an additional $2,314.75 (10%) for incidental costs. Motion was seconded by Ferguson and carried by a 4-0 vote. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2006 Q. CONSIDERATION of the Acceptance of Two Metal Sculptures as Donations to the City's Permanent Public Art Collection. Councilmember Benson requested for the Council to consider reimbursing Mr. Jim Richardson, who donated two sculptures to the City worth $20,000. She felt it would be a nice gesture to offer a reimbursement for the costs involved in the transporting and delivering the sculptures to the City. In response to Mayor Ferguson's question, Public Arts Manager Richard Twedt agreed the reimbursement amount could be left to the discretion of the City Manager in an amount not to exceed $500. Councilmember Benson moved to, by Minute Motion: 1) Accept the two metal sculptures by Jim Richardson as donations to the City of Palm Desert's permanent public art collection and direct that they be placed at the City's Visitor Center; 2) authorize reimbursement for transport and delivery of the sculptures to Palm Desert in an amount not to exceed $500. Motion was seconded by Kelly and carried by a 4-0 vote. VIII. RESOLUTIONS A. RESOLUTION NO. 06-108 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS TO VACATE/ABANDON EXCESS PUBLIC UTILITY EASEMENT AT 73-591 FRED WARING DRIVE UNDER PROVISIONS OF PART 3, DIVISION 9, OF THE CALIFORNIA STREETS & HIGHWAYS CODE, AND FIXING ATIME AND PLACE FOR HEARING ALL PERSONS INTERESTED IN OR OBJECTING TO THE PROPOSED ABANDONMENT (Suresh C. Shah, Applicant). Mayor Pro Tem Kelly moved to waive further reading and adopt Resolution No. 06- 108. Motion was seconded by Spiegel and carried by a 4-0 vote. IX. ORDINANCES For Introduction: A. ORDINANCE NO. 1123 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 2.28.010 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, RELATIVE TO CITY COUNCIL COMPENSATION AND REIMBURSEMENT. Councilmember Benson moved to waive further reading and pass Ordinance No. 1123 to second reading. Motion was seconded by Spiegel and carried by a 4-0 vote. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2006 B. ORDINANCE NO. 1124 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING LOCAL ENERGY EFFICIENCY STANDARDS FOR BUILDINGS COVERED BY THE 2005 CALIFORNIA BUILDING ENERGY EFFICIENCY STANDARDS. Mr. Conlon offered a staff report. Mayor Pro Tem Kelly felt he did not have enough background information and suggested a study session be conducted before he cast his vote. Mayor Ferguson agreed it would be appropriate. Councilman Spiegel moved to continue consideration of this ordinance to a date uncertain, following a City Council Study Session being scheduled to discuss it. Motion was seconded by Kelly and carried by a 4-0 vote. NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THE MEETING. The Following item was considered jointly with Section IX, Ordinances for Adoption, Item B. C. ORDINANCE NO. 1126 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, MODIFYING SECTION 9.24.030 OF THE PALM DESERT MUNICIPAL CODE - CITY'S NOISE CONTROL ORDINANCE. Mr. Erwin stated this item was related to another staff report included with Item A under Continued Business relating to the Sound Barrier Wall at South Beach. He said the consultant's recommendations, as they related to the City's Noise Ordinance were included in the staff report. He said Ordinance No. 1125, the Urgency Ordinance, would be in effect as of this date, and Ordinance No. 1126 would go through the normal process, with a second reading and be effective 30 days thereafter. He explained the ordinances were identical in substance, and the reason for the Urgency Ordinance was due to continued complaints about noise, particularly related to music. He said staff would like to have the ordinance in place as soon as possible. Councilman Spiegel moved to waive further reading and pass Ordinance No. 1126 to second reading. Motion was seconded by Kelly and carried by 4-0. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2006 For Adoption: A. ORDINANCE NO. 1122 - 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 PR-5 TO PC-3 AND FROM PR-5 TO PR-17 FOR A 19.6-ACRE SITE NORTH OF FRANK SINATRA DRIVE BETWEEN COOK STREET AND COLLEGE DRIVE, 37-755 COOK STREET Case No. C/Z 06-02 (Sinatra and Cook Project, LLC, Applicant). Planning Manager Steve Smith said the project remained unchanged from two weeks ago, when the matter was given first reading and the Precise Plan was approved. He offered to answer questions. Upon question about the effect the ordinance's adoption would have on the development, Mr. Smith said the Precise Plan was already approved by resolution at the previous City Council meeting. Mayor Pro Tem Kelly moved to deny Ordinance No. 1122. Motion was seconded by Benson and FAILED by a 1-3 vote, with Councilman Spiegel, Councilmember Benson and Mayor Ferguson voting NO. Mayor Pro Tem Kelly moved to reconsider the motion on the basis that Councilmember Benson misunderstood it. Motion was seconded by Benson, and it received NO ACTION on a 2-2 vote, with Mayor Pro Tem Kelly and Councilmember Benson voting YES, and Councilman Spiegel and Mayor Ferguson voting NO. Mr. Erwin informed the Mayor that because the Ordinance was neither denied nor approved, the item would be placed on the agenda for the August 24, 2006, Meeting. NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THE MEETING. B. ORDINANCE NO. 1125 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, MODIFYING SECTION 9.24.030 OF THE PALM DESERT MUNICIPAL CODE - CITY'S NOISE CONTROL ORDINANCE - AS AN URGENCY ORDINANCE. Councilman Spiegel moved to waive further reading and adopt Ordinance No. 1125 as an urgency ordinance of the City of Palm Desert, dealing with sound level limits. Motion was seconded by Kelly. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2006 In response to Mayor Pro Tem Kelly's questions, Mr. Erwin replied the ordinances were considered jointly because they are identical — one is an urgency ordinance, the other is a regular ordinance. Mayor Ferguson called for the vote, and the motion carried by 4-0 vote. X. NEW BUSINESS A. REQUEST FOR ACCEPTANCE OF AN OFFER OF DEDICATION MADE FOR A 10-FOOT WIDE STRIP OF LAND SHOWN ON A 1947 RECORD MAP AS A "PEDESTRIAN WAY' AND ADOPTION OF A RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER THE VACATION OF SAID LAND, LOCATED BETWEEN HIGHWAY 74 FRONTAGE ROAD AND OCOTILLO DRIVE (Mathew Moiseve, Voyager Construction, Applicant). Councilman Spiegel moved to: 1) By Minute Motion, authorize the Mayorto accept, on behalf of the public, the offer of dedication for street purposes of a pedestrian way known as Lot "U" of Palm Desert Unit No. 3, M.B. 21/81-84, O.R. Riv. Co.; 2) waive further reading and adopt Resolution No. 06-109, setting a public hearing to consider vacation of the same pedestrian way. Motion was seconded by Benson and carried by a 4-0 vote. B. RESIGNATION OF COUNCILMAN BUFORD A. CRITES AND CONSIDERATION OF THE MANNER IN WHICH THE VACANCY WILL BE FILLED. Mayor Pro Tem Kelly moved to: 1) By Minute Motion, acknowledge the resignation of Buford A. Crites from the City Council, effective July 1, 2006, with very sincere regret and declare the position to be vacant; 2) waive further reading and adopt: a) Resolution No. 06-110, calling and giving notice of the holding of a Special Municipal Election to be held on Tuesday, November 7, 2006, for the election of certain officers as required by the provisions of the Laws of the State of California and the Charter of the City of Palm Desert; b) Resolution No. 06-111, requesting the Board of Supervisors of the County of Riverside to consolidate a Special Municipal Election to be held on Tuesday, November 7, 2006, with the Statewide General Election to be held on the date pursuant to § 10403 of the Elections Code. Motion was seconded by Benson and carried by a 4-0 vote. C. CONSIDERATION OF A CONSENT OF OWNERSHIP TRANSFER FOR VILLA AT PALM DESERT AS REQUIRED BY DEVELOPMENT AGREEMENT (ARVIM, Inc., Applicant). Councilman Spiegel moved to, by Minute Motion, approve assignment of ownership from Health Care Property Investors, Inc., to ARVIM, Inc., and direct the Mayorto execute an assignment agreement related thereto. Motion was seconded by Benson and carried by a 4-0 vote. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2006 D. REQUEST FOR APPROVAL OF A HOUSING AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND SUMMIT-MONTEREY PROPERTIES, LLC. Housing Authority Administrator Janet Moore stated this item was a condition of approval upon the developer at the time the project was approved. This was simply a follow-up that included the provisions and housing agreement the developer agreed to with the original approval of his project. Councilmember Benson moved to, by Minute Motion: 1) Approve a Housing Agreement in accordance with the conditions of approval of the Summit -Monterey Properties, LLC, project by Resolution No. 06-27 by and between the City of Palm Desert and Summit -Monterey Properties, LLC, substantially as to form; 2) authorize the City Manager or his designee to execute all necessary documents to facilitate the agreement. Motion was seconded by Spiegel and carried by a 4-0 vote. E. REQUEST FOR APPROVAL OF ACTIONS RELATED TO CONTRACT WITH SUNLINE TRANSIT AGENCY FOR ROUTE NOS. 51 A & B (THE SHOPPER HOPPER ROUTES) AND RELATED MARKETING OF THE PROGRAM. Mayor Pro Tem Kelly moved to, by Minute Motion: 1) Approve of and authorize the Mayor to extend the subject contract with SunLine Transit Agency (Contract No. C24081) on a month -to -month basis for six months in an amount not to exceed $158,000 for vehicle operation, preventative maintenance, fuel, and incidental repairs to the vehicles; 2) authorize the Director of Finance to set aside the amount of $15,800 as 10% contingency (use of contingency requires additional action); 3) approve the expenditure of $25,000 for the yearly brochure and tourist magazine advertising of the Shopper Hopper - funds for the program are available in Account No. 110-4416-414-3681. Motion was seconded by Spiegel and carried by a 4-0 vote. F. CONSIDERATION OF A $35,000 REQUEST FOR SPONSORSHIP OF THE 2007 GOLF CART PARADE. Mayor Pro Tem Kelly said he listened to a presentation given by next year's Golf Cart Chairman and was impressed with their plans for next year; he was supportive of their request and moved to, by Minute Motion, concur with the recommendation of the Marketing Committee to increase funding by 30.5% ($35,000) in addition to the already -budgeted in - kind services of Police, Fire, and Public Works Staff ($15,000). Motion was seconded by Spiegel and carried by a 4-0 vote. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2006 G. REQUEST FOR APPROVAL OF CITY PARTICIPATION IN THE PALM DESERT BOWL. MS. CONNOR LIMONT, resident of Palm Desert and member of the Palm Desert Parks & Recreation Commission, encouraged the Council to vote in favor of the Palm Desert Bowl and commission it as a way to show support for College of the Desert. Councilman Spiegel moved to, by Minute Motion, approve City of Palm Desert participation in the 1st Annual Palm Desert Bowl scheduled to be held Saturday, October 28, 2006, from 5:30 p.m. to 9:30 p.m. at the College of the Desert Football Field, in the amount of $50,000 and appropriate said amount from the Unobligated General Fund to Account No. 110-4416-414-3061 for this purpose. Motion was seconded by Kelly and carried by a 3-1 vote, with Mayor Ferguson voting NO. H. REQUEST FOR AWARD OF CONTRACT FOR SPECIAL INSPECTION SERVICES FOR THE FRED WARING DRIVE SOUNDWALL PROJECT (CONTRACT NO. C24100A, PROJECT NO. 654-01). Mayor Pro Tem Kelly moved to, by Minute Motion: 1) Award the subject contract to LandMark Geo-Engineers and Geologists, Palm Desert, California, in an amount not to exceed $150,000; 2) set aside a 10% contingency for the services; 3) authorize the Mayor to execute said contract — funds are available in Account No. 400-4399-433-4001. Motion was seconded by Spiegel and carried by a 4-0 vote. I. REQUEST FOR APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT FOR SURVEYING OF MONUMENTS IN CONJUNCTION WITH THE FRED WARING DRIVE WIDENING SOUNDWALL (CONTRACT NO. C24100B, PROJECT NO. 654-01). Mayor Pro Tem Kelly moved to, by Minute Motion: 1) Award the subject contract to Guida Surveying, Inc., La Quinta, Califomia, in an amount not to exceed $48,000; 2) set aside a 10% contingency for the services; 3) authorize the Mayor to execute said contract - funds are available in Account No. 400-4399-433-4001. Motion was seconded by Spiegel and carried by a 4-0 vote. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2006 Xl. CONTINUED BUSINESS A. CITY COUNCIL REVIEW OF AN ARCHITECTURAL REVIEW COMMISSION DECISION, DENYING A REQUEST FOR APPROVAL OF 14-FOOT HIGH SOUND BARRIER WALL SYSTEM (GLASS BLOCK TYPE) AT THE SOUTHWEST CORNER OF HIGHWAY 111 AND PAINTER'S PATH (72-191 HIGHWAY 111), PALM DESERT Case No. MISC. 06-04 (South Beach Restaurant & Nightclub, Applicant) (Continued from the meetings of March 9, March 23, April 13, April 27, May 11, and June 8, 2006). Mr. Erwin requested the City Council ratify the decision of the Architectural Review Commission, denying the request. Councilman Spiegel moved to, by Minute Motion, reaffirm the action of the Architectural Review Commission, denying the proposed 14-foot-high sound barrier wall. Motion was seconded by Kelly and carried by a 4-0 vote. B. MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JUNE 8, 2006 (Continued from the meeting of June 22, 2006). Mayor Pro Tem Kelly moved to, by Minute Motion, approve the Minutes of June 8, 2006, as presented. Motion was seconded by Spiegel and carried by a 4-0 vote. XII. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR INSTALLATION OF THE TRAFFIC SIGNAL AT COUNTRY CLUB DRIVE AND VIA SCENA (CONTRACT NO. C24440B, PROJECT NO. 578-06). Mayor Pro Tem Kelly moved to, by Minute Motion: 1) Authorize award of the subject contract to DBX, Inc., Temecula, Califomia, in the amount of $321,155; 2) set aside a 10% contingency for the project; 3) authorize the Mayor to execute the contract. Motion was seconded by Spiegel and carried by a 4-0 vote. B. REQUEST FOR APPROVAL OF REIMBURSEMENT TO CONTRACTOR FOR PAYMENT OF COACHELLA VALLEY WATER DISTRICT SEWER AND WATER CONNECTION FEES FOR THE CORPORATION YARD EXPANSION (CONTRACT NO. C19250A, PROJECT NO. 715-00). Mayor Pro Tem Kelly moved to, by Minute Motion, approve the subject reimbursement to WDL Construction, Palm Desert, California, in an amount not to exceed $120,602, authorize the Mayor to execute Change Order No. 1 to the subject contract, and approve the transfer of said funds from contingency to base for the contract. Motion was seconded by Benson and carried by a 4-0 vote. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2006 C. REQUEST FOR APPROVAL OF AMENDMENT NO. 1 TO CONTRACT NO. C22310A — ENGINEERING SERVICES TO COMPLETE THE PLANS, SPECIFICATIONS, AND ESTIMATE FOR RAMP MODIFICATIONS AT THE MONTEREY AVENUE INTERCHANGE ON INTERSTATE 10 (PROJECT NO. 669-02). Mayor Pro Tem Kelly moved to, by Minute Motion, approve: 1) Amendment No. 1 in the amount of $157,710 to the subject contract with RBF Consulting, Inc., Ontario, Califomia, for additional engineering services to complete the plans, specifications, and estimate for the Ramp Modifications at the Monterey Avenue Interchange on Interstate 10; 2) transfer of $23,705.50 from contingency to base for this amendment. Motion was seconded by Spiegel and carried by a 4-0 vote. D. REQUEST FOR APPROVAL OF AMENDMENT TO CONTRACT NO. C25250 — LEASE OF NEW MOWING EQUIPMENT TO SERVICE THE DESERT WILLOW GOLF RESORT. Mayor Pro Tem Kelly moved to, by Minute Motion: 1) Authorize award of the subject lease agreement to Turf Star, Inc., Bermuda Dunes, Califomia, in the amount of $68,973, with a monthly payment of $1,915.90 for the lease of walking greens mower equipment for Desert Willow Golf Resort; 2) authorize the Mayor to execute said contract; 3) authorize the Director of Finance to set aside the amount of $6,897.30 as 10% contingency (use of contingency requires additional action). Motion was seconded by Spiegel and carried by a 4-0 vote. E. CONSIDERATION OF A RESOLUTION ESTABLISHING A DEFERRAL PROGRAM AND A DEFERRAL FUND FOR PROPERTY OWNERS TO DEFER THE PAYMENT OF ASSESSMENTS IN PALM DESERT HIGHLANDS UTILITY UNDERGROUNDING ASSESSMENT DISTRICT NO. 04-01; CONSIDERATION OF A RESOLUTION AUTHORIZING THE ISSUANCE OF ASSESSMENT BONDS FOR SUCH ASSESSMENT DISTRICT AND THE PURCHASE OF THE BONDS BY THE CITY TREASURER IN LIEU OF A SALE TO AN UNDERWRITER; AND THE CONSIDERATION OF OTHER MATTERS RELATING THERETO AND TO THE PALM DESERT HIGHLANDS UTILITY UNDERGROUNDING ASSESSMENT DISTRICT. Due to his being a resident of the subject District and the resulting conflict of interest, Councilman Spiegel recused himself from the Chamber prior to any discussion or action for this item. Mr. McCarthy offered to have Bond Counsel William Strausz speak on this issue if anyone had a question. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2006 Mayor Ferguson said he would go ahead and provide some background on this item. He explained the City Council passed an Assessment District for Palm Desert Highlands located in south Palm Desert. A couple of provisions were included to pay off the amount of their assessments. However, a no - cash -flow option was not one of the provisions at that time. A no -cash flow option would allow the resident to pay off the assessment when they realized the benefit at the sale of their home, and approval of this item would allow such a finance mechanism. Residents could pay now, over time, at the sale of their home, or when changing ownership. Hopefully, facilitate financial assistance for low and moderate income individuals and people who have cash flow constraints. He said the City already offered this type of financing on a separate program, and the main goal here was to make it as easy as possible to facilitate the improvements to this neighborhood. Mayor Pro Tem Kelly moved to, waive further reading and adopt: 1) Resolution No. 06-113, establishing a deferred payment option and a deferral program for Assessment District No. 04-01; 2) Resolution No. 06-114, authorizing the issuance of bonds for Assessment District No. 04-01 and authorizing the purchase of said bonds by the City Treasurer. Motion was seconded by Benson and carried by 3-0 vote, with Councilman Spiegel ABSENT. XIII. PUBLIC HEARINGS A. CONSIDERATION OF THE APPROVAL OF A PRECISE PLAN OF DESIGN, INCLUDING A HEIGHT EXCEPTION, AND TENTATIVE TRACT MAP TO ALLOW THE CONSTRUCTION OF 195 RESIDENTIAL CONDOMINIUM UNITS, PRIVATE RECREATION FACILITIES, AND PUBLIC PARK SITE ON 26.83 ACRES SOUTH OF GERALD FORD DRIVE WEST OF COOK STREET, MORE PARTICULARLY DESCRIBED AS LOTS 10 AND 14 OF PARCEL MAP 31730; FOR CEQA PURPOSES, THE PROJECT WAS PREVIOUSLY ASSESSED AND A NEGATIVE DECLARATION APPROVED IN CONNECTION WITH APPROVAL OF PM 31730 AND UNIVERSITY PARK MASTER PLAN (74-815 COLLEGE DRIVE) Case Nos. PP 06-05 and TT 34626 (John Laing Homes d.b.a. W.L. Homes, LLC, Applicant) (Continued from the meeting of June 22, 2006). Planning Manager Steve Smith stated this item was presented to the City Council at the last meeting on June 22, 2006. He said the Applicant upgraded the presentation package, and it now included a rendered view of the primary on -site recreation area with other refinements. In addition, the staff report was updated to address the issues raised at the June 22, meeting, specifically the high density performance criteria as referenced on pages 2, 3, 4, 5, and 6 of the staff report. In answer to whether the public park adjacent to this site had been reviewed by the Parks & Recreation Commission, Mr. Smith reported they found the parks to be acceptable and 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2006 approved it in September 2005. He said the remainder of the criteria were outlined in the staff report. He offered to answer questions. Councilman Spiegel asked Mr. Smith if he was sure the Park's & Recreation Commission approved the project, because the public park did not include lighting. Mr. Smith said Parks and Recreation Services Manager Janis Steele provided assurance that the project was approved. Parks & Recreation Manager Janis Steele stated the project was reviewed in September 2005, and the Commission's recommendation was to go forward with the parks that they reviewed; they recommended lighting the basketball courts. In answer to question whether the Applicant was doing that, she responded they were not at this time. Mayor Ferguson declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. MR. TOM HOVER, representing the Master Developer of University Park, stated there was discussion regarding lighting, but there was no requirement for lighting the basketball court. Councilman Spiegel said it would be difficult to have a substantially large park and not have it lighted. He said the City's parks and basketball courts were lighted in the evening until 10:00 p.m. In response to Mayor Pro Tem Kelly's questions, Mr. Hover said there may be some concern to having lighting at this particular public park because of its close proximity to the units. He said the other parks were a different situation, because the basketball courts were not as close to the units. He made note that the project provided four parks for this community, three of which included a basketball court. Councilman Spiegel asked if the park in question would or wouldn't have lighting. MR. HOVER said the project as presented did not include lighting. He said what was discussed with staff and what was approved back in September 2005 did not include lighting. Upon further question by Councilman Spiegel, Mr. Hover said that if lighting the park was a requirement, then it would be, but the plans presently do not include it. Mayor Pro Tem Kelly asked if the Parks & Recreation Commission recommended all the parks be lighted. Councilman Spiegel confirmed they made such a recommendation. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2006 MS. LINDA VALIA, with John Laing Homes, thanked the Councilmembers that took the time to meet to discuss the project and tour some of their other existing projects in the past two weeks. She said this was the first project in the Coachella Valley for John Laing Homes, so their name was probably not familiar to the Council. She said John Laing Homes is one of the largest privately held home builders in the United States, and they consistently earned top industry rankings in architectural design, construction excellence, customer care, and most importantly, home buyer satisfaction. She was certain they were the builders for the project, one the City would be proud of. She outlined the details of the project that were of concern to the Council. She said the University Park Master Development Plan was approved by the City Council two months ago. The site plan and architecture were not changed, except for concerns raised by the Architectural Review Commission and the Planning Commission. The new booklet received by the City Council included the new site plan with the addition of two pools requested by the Planning Commission. She said the Council also approved the entire University Park area for Community Facilities District (CFD) 2005- 1, that included other improvements made to Frank Sinatra Drive, Cook Street, Portola Avenue, and Gerald Ford Drive. The project provides four community parks, one of which is 2 1/2 acres. She said park approval was not part of the consideration for the Tentative Tract Map and Precise Plan this evening, and construction was well underway for improvements to the CFD. The project was zoned medium density, and the project could have went up to 10 units/acre, but is only at 7.8 units/acre. She reported meeting with all of the departments, Neil Stephenson of the Fire Department, Mark Greenwood in Public Works, Spencer Knight and Diane Hollinger in the Landscape Department, and Pat Conlon with the Office of Energy Management; and the master developer worked with Parks & Recreation Commission for planning the parks. She said additional booklets were prepared and distributed to the Council to show a clear representation of their project. She thanked the Council for their time and expressed appreciation for support of the project. MR. CHARLES ADDISON, Architect and Principal with KDGY Group thanked the Council for the opportunity to present the project. He said the project consisted of a total of 129 triplex town -home units and 66 single- family cluster units, with square footage ranging from 1,700 square feet up to 2,570 square feet. The buildings have a total of three elevation styles each, Spanish, Italian, and Tuscan, with traditional architectural elements -- tower, turret elements, tile accents, wrought iron detailing on balconies, pot shelves, and window treatments. He said they added a lot of architectural authenticity to the styles that created a very nice and pleasant street scene for the community. In addition, the public park included a wide range of elements appealing to all ages from tot lots, two basketball courts, shade structures, picnic tables for informal gatherings, and grass area to be used for passive recreation activities. He felt the tract amenities for the project were many --the gated entry had rich stone paving with old-world style gates, 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2006 and tower elements reinforced the whole theme of the architecture for the community. He said details were located in the booklet. He said the main pool area provided an entertainment courtyard surrounded by seat walls with raised planters and tree well, and barbeques; a bocce ball court was located to the rear of the pool area with restroom and equipment buildings, shade structures, and there was a large deck area for sunning. A secondary pool area was added to the project with the some of the same amenities and features. Outdoor kitchens and barbeques with sinks could be found throughout the site, to help facilitate recreation. On the northern edge of the property, a shade structure provided an overlook of a substantial grade over the development, the distant valley, and mountain views. He said the facility provided two secured access points to the public park because it's a gated community. Residents would have an extensive walking/pedestrian system within by having access to the public park. He felt they had provided a very strong project the City should be proud of. He offered to answer questions. In response to Councilmember Benson's questions, Mr. Hover replied there were a total of 129 town -homes and 66 cluster units for a total of 195 units. MR. HOVER responded to a prior question raised by Councilman Spiegel, saying the University Master Plan was approved two months ago, and this particular site was allocated with 215 units, on which there are now 195. With no further testimony offered, Mayor Ferguson declared the public hearing closed. Mayor Pro Tem Kelly stated he had voted against the project the last time, but since then has visited two of their other projects and was impressed with the quality of the work. He liked the way they designed the clusters and the garage doors did not face out anywhere. He felt the driveways included something special in appearance, they weren't just asphalt or cement. He felt they had done a good job on the parks, and if they satisfied Councilman Spiegel's concem about lighting the parks by including it in the motion, he would vote in favor of the project. Councilman Spiegel stated he voted for the project at the last meeting, and since then, he's had a discussion with the City's Park & Recreation Director. He said there's a certain amount of concem about having a park that large with no lighting, relating that the rest of the parks in the City were lighted. He would again vote in favor of the project, with the stipulation that there be lighting available for all the project's parks. Councilmember Benson said she voted against the project the last time and would do so again. She felt it was too much too soon for the area; although, she agreed it was a good-looking project, one that she would've likely supported in the future, but at this time she could not. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2006 Mayor Ferguson said the whole area was master planned, and it was the biggest part of their discussion three years ago in the General Plan update, when the City settled on medium density for the area. He said the Applicant was well within the density requirement but he becomes concerned when any of the City's Committees'/Commissions' recommendations go ignored. If there was a problem with the basketball court, an alternative would be having the lights turned off at the basketball court. He believed it was a significant public safety issue to have the parks lighted; the Police Department would probably appreciate easier patrolling of the park. He felt it could be accomplished without diminishing the effect of the project's clustered units. He was supportive of the project as presented, it's what the City put forth in the General Plan, and the Applicant provided exactly what was requested; it would be difficult for him to now say no. He acknowledged that he was not wild about the density, but that's the bargain that was made. Councilman Spiegel moved to, by minute motion to waive further reading and adopt Resolution No. 06-106, approving Case Nos. PP 06-05 and TT 34626, including height exception, subject to conditions, with the addition of a condition requiring the project's parks be lighted. Motion was seconded by Kelly and carried by a 3-1 vote, with Benson voting NO. B. CONSIDERATION OF THE APPROVAL OF A PRECISE PLAN OF DESIGN TO ALLOW A 11,776 SQUARE FOOT SINGLE-FAMILY HOME WITHIN THE HILLSIDE PLANNED RESIDENTIAL ZONE; PROPERTY LOCATED AT 642 PINNACLE CREST, WITHIN THE CANYONS AT BIGHORN (APN 771-510-001) Case No. PP/HPD 06-08 (Guy Dreier Designs / Habitat Architecture, Applicant). Mayor Pro Tem Kelly asked if the Applicant was required to install solar panels and where would they be located on the building. Assistant Planner Ryan Stendell displayed the project on the overhead and pointed out where the solar panels would be installed. He said the solar panels would not be visible from the road. In response to question by Councilmember Benson, Mr. Stendell said staff had triple -checked to make sure the project complied with all the new energy efficiency requirements. He said the Conditions of Approval provided wording that the project shall conform to the final version of the Energy Efficiency Ordinance once approved. Mayor Ferguson declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2006 MR. STEVE PLATT of Guy Dreier Designs said they were excited about the project, and he offered to answer questions regarding the architectural aspects. In response to Mayor Ferguson's questions, Mr. Platt replied the pad elevation was 810 feet, and he didn't believe the project was visible from Highway 74 because it sat quite low in a bowl on the hill. Responding to the issue of visibility of the project, Mr. Stendell said he had driven around the area, and it was his opinion the project was not visible from Highway 74; the line -of -sight doesn't go up there when driving on Highway 74 because of the wall below and the mounding. The properties in the vicinity sit in an area that was not visible from the road. Upon further question by Councilman Spiegel, Mr. Stendell replied the project was not visible from Ironwood. Mayor Ferguson asked Mr. Conlon to comment briefly on the energy efficiency of the 11,000 square foot home at Bighom. Mr. Conlon said the project was a discretionary approval with a stipulation to conform to the proposed Energy Efficiency Ordinance. The proposed ordinance stipulates two options to the builder for exceeding Title 24, the State minimum requirements, by 15 percent or follow the prescriptive standards outlined in the ordinance with a photovoltaic system on the house. It would meet the approval of the Office of Energy Management, if a developer chose either of the two options pursuant to the Conditions of Approval put on the project. Upon further question, Mr. Conlon said the developer agreed to conform to one of the two options mentioned. MR. CARL CARDINALLI, Vice President of Bighorn Development, LLC, Palm Desert; Officer and Director of the Bighorn Homeowners Association, and Chairperson of its Architectural and Landscape Control Committee, stated he was assured by the architect that they could meet all of the energy criteria required for this project. He was present to support approval of the project. However, for the record, he believed the ordinance under which this exception was allowed and the discretion exercised was narrowly drawn; it doesn't go as far as to address energy conservation issues. Again, he reiterated it was only for the record, but he still supported approval of the project. In response to request for clarification of the two options by Mayor Pro Tem Kelly, Mr. Conlon said the requirements for homes more than 4,000 square feet provided the developer two options. Option One was strictly a performance approach, which included t installation of a solar energy system per the table on Page 4 of the Ordinance. Option Two would require the developer to exceed the State's standards by 15 percent. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2006 Further responding, Mr. Conlon replied the calculation of the energy budget for a project per Title 24 provided many options and avenues for a developer to take credit for additional energy savings. Everything from extra high- performance glazing to extra high -efficiency equipment, to special design considerations. Specifically how a developer chose to obtain 15% above Title 24 would vary on the design. Mayor Pro Tem Kelly stated he was unfamiliar with Title 24 and found it difficult to understand the two options. He asked if Title 24 was part of the discussion for the upcoming study session on solar panels and energy conservation problems. Mr. Conlon said it was the bottom line of the calculations that would indicate whether the building exceeded the 15% of the State standards. How they arrived at that calculation was up to the developer. Mayor Pro Tem Kelly commented that the Applicant could possibly not have to install solar panels if they qualified under Option Two criteria, and if that was the case, the house could be 6,000 or 8,000 square feet and still qualify. Mr. Conlon agreed. Councilman Spiegel moved to waive further reading and adopt Resolution No. 06- 112, approving a Precise Plan of Design to allow the construction of a 11,776 square foot single-family home within the Hillside Planned Residential Zone. Motion was seconded by Kelly. Mayor Pro Tem Kelly commented that this item dealt with an ordinance that would be studied and wasn't adopted yet. He felt somewhere along the process he was going to propose the square footage requirement be higher than 4,000 and wanted to make himself clear for the next project. He said he was still concerned about conditioning a project on the basis of an ordinance not yet adopted by the City. Mayor Ferguson stated he was not troubled by the energy efficiency aspect but was troubled with the concept that the City's Hillside Ordinance, which was master planned and approved ten years ago, somehow constrained Bighom. He thought the ordinance was approved for the hillsides west of Highway 74 and north of Cahuilla Hills. He said every other gated community was approved as long as the Architectural Committee approved the project and didn't visually burden the City. They had the flexibility to make their community look as they so desired. He acknowledged prior problems with Mr. Hagadone's house because it looked down on Ironwood, but he certainly felt that a home of 11,000 or 16,000 square feet on a lot and pad approved ten years ago should not have to be made part of the ordinance. He appreciated Bighorn's willingness to work with the City's yet to be approved Energy Ordinance and thanked the Applicant for taking the conservation 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2006 measures and working with Mr. Conlon with the Office of Energy Management. Mayor Ferguson called for the vote, and the motion carried by a 4-0 vote. XIV. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. CITY CLERK 1. Request for Designation of Voting Delegate and Alternate for 2006 League of California Cities' Annual Conference — September 6-9, San Diego. City Clerk Rachelle D. Klassen indicated that in the past, the City was able to send the League of Califomia Cities' a report whereby the Council designated the voting representative intemally, but pursuant to AB1234, they were requesting a specific action. Mayor Pro Tem Kelly moved to, by Minute Motion, designate Councilmember Jean Benson as the Voting Delegate and Councilman Bob Spiegel as the Voting Delegate Alternate for the 2006 League Annual Conference. Motion was seconded by Ferguson and carried by a 4-0 vote. 2. Consideration of the Reassignment of Councilman Crites' City and Outside Agencies' Committee Assignments. Mayor Pro Tem Kelly moved to, by Minute Motion, make the following reassignments of former Councilman Crites' City and Outside Agency Committee Assignments: Entrada del Paseo - to be dissolved; Landscape Beautification Committee - Councilman Spiegel; Sister Cities Committee - Councilmember Benson; Two x Two Committee - Mayor Pro Tem Kelly; Coachella Valley Conservation Commission - Councilman Spiegel; 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2006 CVAG Enerav & Environment Committee - Mayor Pro Tem Kelly; CV Mountains Conservancy - Mayor Ferguson; The Livina Desert Advisory Board - Current Mayor (Mayor Pro Tem - Alt.) Motion was seconded by Spiegel and carried by a 4-0 vote. D. PUBLIC SAFETY o Fire Department None o Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: Mayor Ferguson stated a request to add an item for the appointment of a Council member to serve on the Valleywide Homeless Task Force was submitted for consideration. Councilman Spiegel moved to, by Minute Motion, to add subject request to the agenda for consideration. Motion was seconded by Kelly and carried by a 4-0 vote. 1. Consideration of an Appointment of a Member of the City Council to Serve on the Valleywide Homeless Task Force. Councilman Spiegel moved to, by Minute Motion, appoint Councilmember Benson to be the City of Palm Desert's designated representative to the Valleywide Homeless Task Force. Motion was seconded by Kelly and carried by a 4-0. o City Council Committee Reports: 1. Coachella Valley Conservation Commission — Councilman Spiegel said at today's Commission Meeting, it was reported that due to the City of Desert Hot Springs voting against the Coachella Valley Multi -species Habitat Conservation Plan, it now has to be redone. There would be a one-year period to redo the plan at a cost of $1.2 million to be borne by the County and CVAG. He said the process would have to be repeated and approved by each member agency, with Desert Hot Springs being excluded from the new Plan. 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 2006 o City Council Comments: None XV. ORAL COMMUNICATIONS - C None XVI. ADJOURNMENT With City Council concurrence, Mayor Ferguson adjourned the 7eeting at 5:29 p.m. 4r JIM USON, MAYOR ATTEST: RACHELLE D. KLASSEIV, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 25