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Home My WebLink AboutPRELIM - CC - 04/12/07 �------- � ��FT PRELIMINARY AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 12, 2007 CIVIC CENTER COUNClL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Kelly convened the meeting at 3:00 p.m. II. ROLL CALL Present: Mayor Pro Tem Jean M. Benson Councilman Jim Ferguson arrived at 3:45 p.m. Councilmember Cindy Finerty Councilman Robert A. Spiegel Mayor Richard S. Kelly Also Present: Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, City Attorney Sheila R. Gilligan, ACM for Community Services Justin McCarthy, ACM for Redevelopment Lauri Aylaian, Acting 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 FinancelCity Treasurer Doug Van Gelder, Director of Information Systems Mark Greenwood, Director of Public Works David Yrigoyen, Director of Redevelopment & Housing Frankie Riddle, Director of Special Programs Travis Witten, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./CDF Frank Taylor, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None PRELIMINARY AGENDA DRAFT REGULAR PALM DESERT CfTY COUNCIL MEETING APRIL 12, 2007 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 35 acres +/-, NWC Portola Avenue (extended)/ Dinah Shore Drive, Palm Desert, CA Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert Property Owner: Mike Marix Under Negotiation: x Price x Terms of Payment 2) Property: Lease Property - 74-735 Hovley Lane East, Palm Desert, CA Negotiating Parties: Agency: Carlos L. Ortega/Frankie Riddle/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Cox PC Assets, LLC, d.b.a. Sprint PCS/ Global Signal 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 Conference with Legal Counsel regarding significant potential to initiate litigation pursuant to Government Code Section 54956.9(c): Number of potential cases: 1 Public Employment pursuant to Government Code Section 54957: Title of Position: City Attorney Upon a motion by Spiegel, second by Benson, and 4-0 vote of the City Council, with Ferguson ABSENT, an item of Closed Session consideration was added to the agenda for discussion of the marijuana dispensary. Upon a motion by Spiegel, second by Kelly, and 4-0 vote of the City Council, with Ferguson ABSENT, Mayor Kelly adjourned the meeting to Closed Session at 3:01 p.m. He reconvened the meeting at 4:04 p.m. 2 C3�A�Y PRELIMINARY AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2007 V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA- Councilman Robert A. Spiegel VII. INVOCATION - Mayor Pro Tem Jean M. Benson VIII. ORAL COMMUNICATIONS - B MR. MATT RILEY, representing Boy Scouts of America, thanked the City Council for permission to hold their recent Spring Camporee in Civic Center Park and presented a ribbon-festooned poster to the City Council in appreciation. MR. RUSSELL CAMPBELL, Palm Desert, CA, publicly thanked the City Council for his appointment to the Joslyn Senior Center Board of Directors as Palm Desert's representative and also thanked the City Council and the Cove Commission for the support given the Joslyn Senior Center, enabling it to provide numerous programs. Further, he asked for support of the Joslyn Senior Center Players in their upcoming program May 1 at the McCaUum Theatre, "W hat A Swell Party This Is,"a celebration of theater. He provided posters advertising the event to the City Clerk. MR. ROB BALLEW, CEO/Executive Director, Family YMCA of the Desert, reported on the Easter Egg Hunt in Civic Center Park last Saturday, with 485 kids participating. He said they greatly appreciated use of the park, and this coming Saturday they would be hosting the "Healthy Kids Day" event from 10:00 a.m. - 2:00 p.m., which the City of Palm Desert was also supporting. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING APRIL 2007 AS "PREVENT CHILD ABUSE MONTH" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Kelly presented a framed proclamation to Mr. Jim Powell, Chair of the Prevent Child Abuse, Riverside County - Coachella Valley Committee. MR. POWELL, noted that the honoree at their fundraiser last year was Mayor Pro Tem Jean Benson, and the City's support was greatly appreciated. He presented the City Council with posters, bookmarks, 3 PRELIMINARY AGENDA DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2007 wristbands, and blue ribbon lapel pins from his organization and to encourage support for this year's Statewide campaign, "It Only Takes A Minute." B. PRESENTATION OF PROCLAMATION DECLARING THE WEEK OF APRIL 22-28, 2007, AS "NATIONAL CRIME VICTIMS' RIGHTS WEEK" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Kelly presented the framed proclamation to the City's Assistant Chief of Police, Lieutenant Frank Taylor. C. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT/PALM DESERT REDEVELOPMENT AGENCY EMPLOYEES FOR EXCEPTIONAL SERVICE — MARCH 2O07. On behalf of the City Council, Mayor Kelly and Mr. Ortega honored the following employees with printed certificates and gift certificates for their exemplary contributions: Steve Aryan, Bo Chen, Amy Hughes, Monica Loredo, and Barbara Wright. C-1. PRESENTATION OF THE U.S. GREEN BUILDING COUNCIL'S PLAQUE, CERTIFYING THE PALM DESERT VISITOR CENTER AS A LEED- CERTIFIED SILVER BUILDING. Director of Community Development Lauri Aylaian and Visitor Center Manager ponna Gomez presented the engraved glass plaque to Mayor Kelly and the City Council. Ms. Aylaian noted that the recognition was received two days ago, a year and a half following the Visitor Center's opening, making Palm Desert first in the Coachella Valley to receive the plaque from the U.S. Green Building Council. She went on to say that in that time, staff had been able to look back at whether the mission had been accomplished and realized it had by both saving energy and educating visitors, residents, and the public at large about sustainability and energy conservation. It was also discovered that 75%-85%of people who came to the Visitor Center had questions about the building and were not just looking for general information. She said the questions resulted from three areas: 1) Landscaping that is both noteworthy and drought-tolerant; 2) front reception counter constructed of sorghum stalks; 3) architecture of the building, all of which result in a great platform for spreading the message. 4 PRELIMINARY AGENDA �� REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2007 Further, the U.S. Green Building Council is looking to establish a local chapter, with their first meeting to be held at the Palm Desert Visitor Center. The Coachella Valley Leadership Council has used it as a meeting venue, and groups are coming to the Center specifically to inquire about the building—families, educators and students, and architects. Lastly, she said there were five more Coachella Valley buildings that had registered with the U.S. Green Building Council to try and achieve the same certification, with four of the five located in Palm Desert. She thanked the City Council for its support, leadership, guidance, and values that staff was proud to execute, which resulted in this honor. She noted that the plaque would be installed at the Visitor Center. D. APPOINTMENTS TO THE AUDIT, INVESTMENT&FINANCE COMMITTEE AND THE HOUSING COMMISSION. Mayor Kelly noted there were two openings on the Finance Committee and one in the Housing Commission. He said it was difficult finding someone for the Housing Commission, but finally someone stepped forward that was well qualified. He recommended the appointment of Stephanie M. Loog to the Audit and Investment & Finance Committee and Natalie M. Russo to the Housing Commission; however, if Council desired to interview or review the matter further, it could be added to the Agenda for Council to take that direction. Councilman Ferguson moved to, by Minute Motion: 1)Appoint Stephanie M. Loog to the Audit, Investment& Finance Committee to fill the vacancy created by the resignation of Dixie Proulx, whose unexpired term concludes December 31, 2009; 2) appoint Natalie M. Russo to the Housing Commission for a four-year term (December 31, 2010) to fill the at-large member vacancy created by the resignation of Carrie McLeod, whose term concluded on December 31, 2006. Motion was seconded by Spiegel and carried by a 5-0 vote. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of March 22, 2007. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 196, 197, and 201. Rec: Approve as presented. 5 �� PRELIMINARY AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2007 C. HISTORIC PRESERVATION COMMITTEE Meeting Minutes for February 27, 2007. Rec: Receive and file. D. REQUEST FOR DECLARATION of Surplus Property and Authorization for Disposal (Miscellaneous Computer, Electronic Equipment, and Furniture). Rec: By Minute Motion, declare the items listed on the accompanying staff report's Exhibit "A" as surplus and authorize disposal as is deemed appropriate. E. REQUEST FOR DECLARATION of Surplus Property and Authorization for Disposal (Vehicles and Miscellaneous Public Works Maintenance Equipment). Rec: By Minute Motion, declare the items listed on the accompanying staff report as surplus and authorize disposal as proposed. F. REQUEST FOR AWARD OF CONTRACT for the Annual Color for EI Paseo Medians and Civic Center Park for Fall 2007 and Spring 2008 (Contract No. C26230, Project No. 930-07). Rec: By Minute Motion, award the subject contract to Arakawa Nursery, Inc., Corona, California, in the amount of$17,059.44. G. REQUEST FOR APPROVAL of Amendment No. 4 to Contract No. C23110 — Engineering Services for Design of the Highway 111 Sidewalk Improvements. Rec: By Minute Motion: 1) Approve Amendment No. 4 in the amount of $2,820 to the subject contract with Omnis, Inc., Chino, California, for design and engineering services to construct a bus bay on Highway 111 east of San Pablo Avenue; 2} authorize the Mayor to execute said Amendment — funds are available in Account No. 110-4300-413-3010. H. REQUEST FOR APPROVAL of Change Order No. 2 to Contract No. C25570 — Section 29 Assessment District (No. 2004-02) Sewer Installation, Phase I. Rec: By Minute Motion: 1) Approve Change Order No. 2 in the amount of $2,563.13 to the subject contract with Jones Bros. Construction Company, Coachella, California, to modify two manhole facilities; 2) authorize the transfer of $14.09 from contingency to base for the 6 ��l�T PRELIMINARY AGENDA REGULAR PALM DESERT CfTY COUNCIL MEETING APRIL 12, 2007 project; 3) appropriate $2,549.04 from Unobligated Fund 400 to the project account; 4) authorize the Mayor to execute Change Order No. 2. I. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C244406 — Traffic Signal Installation on Country Club Drive at Via Scena (Project No. 578-06) (DBX, Inc., Temecula, 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. J. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C25050— 2006 Citywide Street Restriping (Project No. 564-06) (California Traffic Maintenance, Burbank, 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. K. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C25570 — Section 29 Assessment District (No. 2004-02) Sewer Installation, Phase I (Project No.627-S-05)(Jones Bros. Construction Company, Coachella, 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. L. REQUEST FOR APPROVAL of Tract Map No. 34927 (Stone Eagle Development, Applicant). Rec: Waive further reading and adopt Resolution No. 07-22, approving the Map of Tract No. 34927. M. REQUEST FOR APPROVAL of a Storm Drainage and Retention Basin Maintenance Agreement with Rilington Dolce, LLC. Rec: By Minute Motion, authorize the Mayor to execute the subject agreement with Rilington Dolce, LLC. N. REQUEST FOR APPROVAL of Purchase Orders/Audio-Visual Invoices for 2007 "Summer of Fun" Concerts. Rec: By Minute Motion, approve two purchase orders/audio-visual invoices totaling $14,800 with Studio Instrument Rentals, Palm Springs, California, for concert sound and lighting equipment and professional staff for the 2007 "Summer of Fun" Concerts — funds have been budgeted in Account No. 110-4416-414-3061 for this purpose. 7 � S a r,.� PRELIMINARY AGENDA �� ` E REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2007 O. REQUEST FOR APPROVAL of Cal COPS Expenditures. Rec: By Minute Motion, approve Cal COPS Funds expenditure for purchase of: 1) Vista FX Premium Crash Reconstruction System in the amount of $6,695; 2) 30-Olympus FE-2107.1 Mega Pixel Digital Cameras and 31-Gigabyte Memory Cards from Pearl Mutter Purchasing Power in the amount of$5,462.93, as recommended by the Public Safety Commission at its March 14, 2007, Meeting. P. REQUEST FOR AUTHORIZATION to Receive and File General Release Agreements in Conjunction with the Fred Waring Drive Soundwall at Desert Breezes (Contract Nos. C24100C-G). Rec: By Minute Motion: 1) Receive the General Release Agreements for properties affected by the height reduction of the Fred Waring Drive Soundwall at Desert Breezes (77-699 Calle Las Brisas South, 77-707 Calle Las Brisas South, 77-717 Calle Las Brisas South, 77-723 Calle Las Brisas South, and 77-733 Calle Las Brisas South); 2) authorize the City Clerk to record said General Release Agreements with the Riverside County Recorder. Q. REQUEST FOR APPROVAL of a Grant from the City's Child Care Development Mitigation Impact Fee Fund 228 for Exterior Painting of the Family YMCA of the Desert Jean M. Benson Child Care Center. Removed for separate consideration under Section VII, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. R. REQU EST FOR APPROVAL of Contractor Services for Electrical, Plumbing, and Heating/AC for Fiscal Year 2007/08. Rec: By Minute Motion, approve contractors identified on the staff report's accompanying list for performance of the subject services needed on an immediate basis and in an amount not to exceed $10,000 per occasion, based upon the hourly rates established on said list. S. CONSIDERATION of Action Taken by Legislative Review Committee Regarding A6882 (Hernandez) — Sales Tax Exemption. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its March 27, 2007, Meeting and direct staff to prepare a letter of opposition for the Mayor's signature with regard to A6882 (Hernandez). 8 PRELIMINARY AGENDA �� REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2007 T. CONSIDERATION of Action Taken by Legislative Review Committee Regarding A61120 (Tran) — Sales Tax Exemption. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its March 27, 2007, Meeting and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB1120 (Tran). U. CONSIDERATION of Action Taken by Legislative Review Committee Regarding AB1152 (Niello) — Sales Tax Exemption. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its March 27, 2007, Meeting and direct staff to prepare a letter of opposition for the Mayor's signature with regard to A61152 (Niello). V. CONSIDERATION of Action Taken by Legislative Review Committee Regarding AB1206 (Smyth) — Sales Tax Exemption. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its March 27, 2007, Meeting and direct staff to prepare a letter of opposition for the Mayor's signature with regard to A61206 (Smyth). W. CONSIDERATION of Action Taken by Legislative Review Committee Regarding AB1449 (Saldana) — Density Bonuses. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its March 27, 2007, Meeting and direct staff to prepare a letter of opposition for the Mayor's signature with regard to A61449 (Saldana). X. CONSIDERATION of Action Taken by Legislative Review Committee Regarding A61681 (Houston) — Sales Tax Exemption. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its March 27, 2007, Meeting and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB1681 (Houston). Y. REQUEST FOR AUTHORIZATION to Reject All Bids and Re-advertise for Two Half-ton Pick-up Trucks (Regular Cab). Rec: By Minute Motion, reject all bids received on March 12, 2007, for the subject purchase and authorize the City Clerk to re-advertise. 9 r• •� ^ • �,�a t PRELIMINARY AGENDA � ��`` `�` ` � REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2007 Z. INFORMATIONAL ITEMS: 1. Report on the Status of Highways 111 and 74 Relinquishment. Removed for separate consideration under Section VII, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. 2. "Long Range Plan Proposals for Enhancing Disaster Preparation and Response" Report. 3. Update on Public Relations Activities Conducted by Nancy J. Friedman Public Relations. Councilman Ferguson asked that Item Q be removed for separate consideration and Mayor Kelly requested Item Z-1 be removed for separate consideration. Upon motion by Spiegel, second by Ferguson, the remainder of the Consent Calendar was approved as presented by a 5-0 vote. XI. CONSENT ITEMS HELD OVER Q. REQUEST FOR APPROVAL of a Grant from the City's Child Care Development Mitigation Impact Fee Fund 228 for Exterior Painting of the Family YMCA of the Desert Jean M. Benson Child Care Center. Councilman Ferguson stated the Child Care Development Mitigation Impact Fee was adopted several years ago and stated that although the request for repainting the Jean M. Benson Child Care facility was a modest request, he thought it would be helpful for staff to explain how the funds were spent. He noted the staff report indicated there was a balance of$609,000 in the fund, but recently learned the balance was actually closer to $845,000. Mr. Gibson replied that no funds had been spent for the current year and expenditures for prior year 2005/06 were approximately $57,000 for the YMCA playground equipment upgrades, $39,000 for TOT Stop, $43,000 for Montessori School, and was currently pending reimbursement to Desert Sands Unified School District in the amount of$32,000. 10 DRAFT PRELIMINARY AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2007 MR. JAMES BROWNYARD, representing Desert Chapter of the Southern California Building IndustryAssociation(BIA),stated funds collected were for the purpose of providing space, better facilities and so forth, and the City's Ordinance was passed based on the Mitigation Fee Act, which the City had to show there was a need. He said this item got their attention because the use of funds for repainting the child care center for aesthetic purpose was a violation of the City's Ordinance and a violation of the Mitigation Fee Act. He recognized it was not a large amount and he didn't know what the condition of the paint was, but the explanation provided by staff was that it was for an aesthetic purpose to match the Desert Rose project. Mayor Pro Tem Benson agreed the main purpose on the Mitigation Impact Fee was to provide new facilities and shared that Council would soon be discussing the land that was given to the City at Taylor Woodrow's development for a child care center. She said the basis for the Mitigation Impact Fee was to have funds available to build a facility but that funds first had to be accumulated. Councilman Ferguson noted the work was completed last June and wondered why it was being presented to Council in April. However, he felt Mr. Brownyard raised an interesting point and asked if the $7,000 could be taken out of the General Fund instead of the Child Care Mitigation Fund. Mr. Gibson replied that would be a caliber choice and only required that Council appropriate the funds. Councilman Ferguson wondered if that would set a negative precedence. Mr. Erwin called attention to the operative section, which established the Mitigation Impact Fee that stated "Shall be used to construct or cause a construction expansion or improvement of child care facilities in the City." He considered painting the child care facility an improvement, and had no problem with staff's recommendation. He believed the BIA took the matter out of context with the recitals and reason for the fee. Councilman Ferguson moved to, by Minute Motion: 1) Approve a grant in the amount of$7,242 to reimburse the Family YMCA of the Desert for exterior painting of the Jean M. Benson Child Care Center; 2) appropriate said funds from Fund 228 - Child Care Mitigation Fees. Motion was seconded by Finerty and carried by a 5-0 vote. 11 [�R�FT PRELIMINARY AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2007 Z. INFORMATIONAL ITEMS: 1. Report on the Status of Highways 111 and 74 Refinquishment. Mayor Kelly reported that staff had been negotiating with Caltrans and the City was offered $450,000. He noted the City of Indio received a considerable larger amount. Council previously directed staff to continue to negotiate for a larger amount, but before moving forward, he wanted to make sure Council was comfortable with continuing to negotiate or if Council wished to settle. He pointed out there was always the risk of getting less and in the meantime, the City would continue to not have control of its two main streets. Councilman Ferguson asked if Caltrans changed the formula by which they reimbursed cities. Mayor Kelly replied the formula was based on the potential maintenance cost for the next five years, but the formula on the settlement was based on cost to the City to maintain that part of the State Highway for the next five years. He believed that was the reason why Indio received a larger settlement, because Palm Desert streets were in very good shape, and Caltrans had just completed Highway 74. Councilman Ferguson credited Mayor Kelly for all transportation improvements in the City and welcomed his continued involvement in this process. Responding to question, Mr. Greenwood replied that Indio received a significant larger amount than what Palm Desert had ever been offered, and he believed it was because the City of Indio got involved politically. He didn't feel $450,000 was close to appropriate, so his recommendation was for Palm Desert to get involved politically and push for more money. Councilman Ferguson moved to, by Minute Motion: 1) Receive and file the report; 2) authorize Mayor Kelly specifically to work with staff and to involve the appropriate State legislators in negotiating with Caltrans for the City's reimbursement. Motion was seconded by Spiegel and carried by a 5-0 vote. Relating to Item Z-2, Councilmember Finerty thanked staff for providing all the back-up clippings for the advertisement and the public relations firm of Nancy Friedman. She said it was helpful to see what was in the various publications. 12 t��'�':_�'.�. PRELIMINARY AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2007 XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1135 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT AMENDING DEVELOPMENT AGREEMENT 96-1 AS IT RELATES TO A 300-TIMESHARE DEVELOPMENT, 215 CURRENTLY ENTITLED UNDER THE EXISTING DEVELOPMENT AGREEMENT Case No. DA 06-03 As It Relates to Case Nos. PP/CUP 06-17 and TT 35426 (Starwood/WVC Rancho Mirage, Inc., Applicants). City Clerk Rachelle Klassen stated the developer assured theywould provide the development agreement to the City by next week. She requested the matter be continued to the meeting of April 26, 2007. Councilman Ferguson moved to continue this matter to the meeting of April 26, 2006. Motion was seconded by Spiegel and carried by a 5-0 vote. XIV. NEW BUSINESS A. REQUEST FOR REVIEW OF REQUEST TO ENTER INTO A 25-YEAR EASEMENT PURCHASE AGREEMENT FOR CITY LAND AT THE PALM DESERT SOCCER PARK (74-735 HOVLEY LANE EAST)TO HOST A SPRINT PCS WIRELESS CELL TOWER (CONTRACT NO. C19290). Ms. Riddle stated Global Signal offered $205,000 for a 25-year lease for the Purchase Lease Agreement for land located at the Soccer Park that currently housed a wireless cell tower by Sprint. Staff requested that Council review the consideration and either accept by minute motion or reject the offer and retain the current Lease Agreement of $18,000 annually untif 2011. Responding to question, she replied it was not in the best interest of the City to accept their offer, and recommended that the City retain the current Lease Agreement. 13 ' �"1 �r �� PRELIMINARY AGENDA r��`�'�� REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2007 Councilman Spiegel moved to, by Minute Motion, reject Global Signal's request to enter into a 25-year Easement Purchase Agreement and retain the current Lease Agreement,which expires in 2011 and provides forthree,five-year extensions. Motion was seconded by Benson and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF A CHANGE IN OPERATIONAL TIMES FOR THE PALM DESERT SKATE PARK. Councilman Spiegel stated this item was a recommendation by the Parks � Recreation Commission to close the Skate Park during school hours and open during all other hours the park was open. Cauncilman Spiegel moved to, by Minute Motion, approve a change to the operational hours of the Palm Desert Skate Park to coincide with the Desert Sands Unified School District calendar. Motion was seconded by Ferguson and carried by a 5-0 vote. Councilman Spiegel directed staff to inform the school of the change and its effective date. Parks 8� Recreation Manager Janis Steele agreed. C. INFORMATIONAL REPORT ON THE REGIONAL HOUSING NEEDS ASSESSMENT ALLOCATION(RHNA)UPDATE(JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Ortega stated this item was a white paper item to be considered by Council; however, the matter was currently being discussed by CVAG and its ramification. He offered staff could provide a report if Council had questions. Mayor/Chairman Kelly asked if a schedule of the process was available and if the City would be represented to protect its interest. Housing Authority Administrator Janet Moore stated the recent information received from CVAG was that there was not a local jurisdiction appealing at the hearings at this point. Ms.Aylaian noted two of the jurisdictions, Palm Springs and Rancho Mirage, have large sections of Indian property within their city limits, and are impacted differently because this legislation required they produce housing on land over which they have no control. They are appealing the methodology by which RHNA numbers are calculated specific to their jurisdictions because of the large amount of Indian-owned territory. She said CVAG was willing to support them provided that any relief to those communities did not impact other communities within CVAG. In other words, if they are allowed to construct 100 fewer homes, that those homes not be passed on to any other city in the Valley. She was not aware of anyone 14 � � �� P�; . � � PRELIMINARY AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2007 actually appealing at the hearings because the criterion for appeal was specific and didn't believe Palm Desert met any of them. Upon further question, she replied staff would be attending the hearing. Councilman/Member Spiegel moved to, by Minute Motion, receive and file the report. Motion was seconded by Ferguson and carried by a 5-0 vote. D. CONSIDERATION OF A REQUEST FOR OWNERSHIP TRANSFER FOR VILLA AT PALM DESERT, AS REQUIRED BY DEVELOPMENT AGREEMENT Case No. DA 86-1 (Atria Palm Desert, LLC, Applicant). Councilmember Finerty moved to, by Minute Motion, approve assignment of ownership from Atria Senior Living Group, Inc., to Atria Palm Desert, LLC, and authorize the Mayor to execute the Consent to Assignment. Motion was seconded by Ferguson and carried by a 5-0 vote. E. REQUEST FORAWARD OF CONTRACT FOR INSTALLATION OF NORTH CARPORTS PHOTOVOLTAIC SYSTEM (CONTRACT NO. C23290C1). Mr. Ortega stated this project had been in the works for a few years,went out to bid, and was ready for installation. He said there was a formula on the pay back that was based on current reimbursement. Responding to question, Energy Technician Benjamin Druyon replied the pay back period was 12 years at the reduced rate. Upon further question, he said the life of the system was approximately 25 years and required no maintenance. Councilman Ferguson moved to, by Minute Motion, authorize: 1) Award of the subject contract to Carlson Solar, Hemet, California, in the amount of $464,157.68; 2) a 10% contingency for the project in the amount of$46,415.70; 3) $800 for Interconnection Application fee for net-metering to Southern Califomia Edison; 4) Director of Finance to allocate$510,373.38 forthis work—no appropriation is necessaryforthe project,funds are available in Account No. 400-4511-422-3911. Motion was seconded by Spiegel and carried by a 5-0 vote. F. REQUEST FOR AWARD OF CONTRACT FOR THE 2007 CITYWIDE PALM TREE PRUNING AND REMOVAL PROGRAM (CONTRACT NO.C26220, PROJECT NO.931-07}(JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Councilman/Member Spiegel moved to, by Minute Motion: 1) Award the subject contract to Tree Rite, Bermuda Dunes, California, in the total amount of $78,421.50 (City: $68,336.75; Housing Authority: $10,084.75); 2}authorize the Director of Finance to set aside an additional 10°/a Contingency totaling $7,842.15 (City: $6,833.67; Housing 15 [��.�=� PRELIMINARY AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2007 Authority: $1 ,008.48); 3)authorize the Directorof Finance to appropriate$10,084.75 of the total contract amount to the respective Housing Authority Landscape Maintenance Budget line items plus set aside $1,008.48 of the total contingency to the respective Housing Authority Landscape Maintenance Budget; 4) authorize the Mayor to execute the agreement — funds for the City portion of the contract are available in General Fund and Assessment District Fund 200 accounts. Motion was seconded by Finerty and carried by a 5-0 vote. G. CONSIDERATION OF THE RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION'S(LAFCO)REQUEST FOR REVIEW OF THE CITY OF PALM DESERT SPHERES OF INFLUENCE. Mr. Ortega stated LAFCO asked the City of Palm Desert to make known its future plans for retaining or removing the Bermuda Dunes and Del Webb Spheres of Influence. He said the City of La Quinta recently submitted an application to annex land in Bermuda Dunes, in Palm Desert's Sphere of Influence (SOI). Staff recommended that specific authority be given to conduct a feasibility study if Council decided to retain Bermuda Dunes. He offered that staff was available to answer questions. Councilman Spiegel asked if LAFCO included Palm Desert Sun City in their request. Mr. Ortega clarified that LAFCO's request included three things, a decision on the two spheres of influence and to comment on La Quinta's application to invade Palm Desert's SOI at Bermuda Dunes, involving approximately 15 acres. Upon further question, Mr. Ortega replied he was seeking Council direction on LAFCO's request and that specifically with regards to Bermuda Dunes, staff recommended Council grant authority to staff to hire a consultant to see if the City was still interested in annexing Bermuda Dunes. Councilman Ferguson moved to, by Minute Motion: 1) Officially inform LAFCO the City no longer desired to keep Sun City Del Webb within the City's Sphere of Influence; 2) retain Bermuda Dunes Sphere of Influence to conduct a Fiscal Impact Feasibility Study on the Annexation of the Bermuda Dunes Sphere of Influence; 3) hold off from responding to the City of La Quinta's application and directed City Manager to meet with the La Quinta City Manager and return to Council with a specific recommendation. Motion was seconded by Finerty. Mayor Pro Tem Benson stated she wasn't interested in jumping over Washington Street or I-10 Freeway, and it wouldn't do any good to do a study with regards to La Quinta's application. She felt the City had enough on its plate with the City's boundaries and preferred informing LAFO the City wasn't interested in either SOI. 16 �� PRELIMINARY AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2007 Councilman Spiegel stated six or seven-years ago the residents of Bermuda Dunes requested Palm Desert annex their City, and a survey was conducted and found that it would be very expensive financially because Bermuda Dunes did not have curbs, gutters, and sewer. At that time, the City Council did not want to annex Bermuda Dunes. The matter came up again, and Mr. Ortega said he was interested in revisiting to see if it was still the case. He recalled stating at that time, that if any other area was annexed within the City of Palm Desert, it should be by the vote of the people with their recommendation. His personal opinion is to not annex additional land unless the people want it but figures and facts need to be gathered before that could happen. Mayor Kelly stated his position coincided with Mayor Pro Tem Benson in that the City had the Rancho Mirage boundaries to the west,the mountains to the south, a clear-cut boundary with I-10 Freeway, and a logical boundary with Washington Street. He said a study was not necessary to show it would cost Palm Desert a lot of money with no benefit or asset to the residents of Palm Desert. He said the City of La Quinta had been creeping up toward I-10 Freeway for more than 20 years and had taken up all the vacant property; all that remained was developed property with no curbs, gutters or sewers. However, his basic reason is that Palm Desert already had a nice boundary established and had plenty of projects on the table to deal with. He requested the City Manager communicate with LAFCO that Palm Desert was not interested in any more annexations and was prepared to release the spheres of influence outside the City. Councilman Ferguson agreed with Councilman Spiegel that any annexation should be by the vote of the people and not only by five Councilmembers. He believed a Palm Desert address had a premium value, and it troubled him that people with basic middle income wages could not afford to live in Palm Desert. He said homes built in the north sphere were promised to be affordable by the developer, but they end up costing $700,000 to $800,000 to buy one. He suspected that even a large portion of the City's staff could not afford to live in Palm Desert. His point was that he did not want to preclude it forever by saying he didn't want them in Palm Desert's Sphere of Influence. Councilman Spiegel said La Quinta wants the Bermuda Dunes property that's adjacent to their City to build low-income housing. He said La Quinta was not asking the residents of Bermuda Dunes if they wanted low-income housing, they were just telling them that's what they intended to do. He thought it was unfair the City of La Quinta had been cherry picking part of Bermuda Dunes and believed they should take the whole thing or nothing at all. However, in the mean time, he didn't want it costing the City of Palm Desert anything. 17 PRELIMINARY AGENDA �' `�6 � REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2007 Councilman Ferguson clarified that he made the motion, Finerty second it, and that the motion included a feasibility study to see what it would cost. Mayor Kelly requested the motion be repeated. Councilman Ferguson moved to, by Minute Motion, authorize: 1)Official notification to LAFCO that the City of Palm Desert has no interest in maintaining the Del Webb - Sun City- Palm Desert Sphere of Influence north of I-10; 2) maintaining Bermuda Dunes within Palm Desert's Sphere of Influence forthe time being and instruct the City Managerto have an updated cost assessment done for the City's potential annexation in the future; 3) no answer to the City of La Quinta question but instruct City Manager to meet with the La Quinta City Manager and return with a specific recommendation. Motion was seconded by Finerty and carried by a 3-2 vote, with Benson and Kelly voting NO. H. REQUEST FOR RATIFICATION OF THE AMENDMENT TO THE AGREEMENT FOR ANIMAL CONTROL FIELD SERVICES WITH THE RIVERSIDE COUNTY DEPARTMENT OF ANIMAL SERVICES, EXTENDING THE TERM FOR THE PERIOD OF JULY 1, 2006, TO JUNE 30, 2007 (CONTRACT NO. C24200). Councilman Spiegel moved to, by Minute Motion: 1) Approve the One-year Extension to the subject agreement with the Riverside County Department of Animal Services, Riverside, California, in an amount not to exceed $88,328 unless otherwise approved; 2) authorize the Mayor to execute same —funds are available in Account No. 110-4230-442-3090. Motion was seconded by Ferguson and carried by a 5-0 vote. XV. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF AGREEMENT FOR THE PROVISION OF LEGAL SERVICES TO THE CITY OF PALM DESERT (CONTRACT NO. C00-008A) (Continued from the meetings of January 25, February 8, February 22, and March 22, 2007). Mayor Kelly suggested adding "monitor daily police activity" to the list of items in Paragraph No. 2. Councilman Ferguson requested to include a preference that if the City Attorney was unavailable that Attorney Steve Deitsch serve as the City's back-up. Responding to question, Mr. Erwin replied Mr. Deitsch was not currently included in the Contract, but would be. He said the Contract would provide Council with the names of other attorneys that would be providing service and Mr. Deitsch's name would be added. 18 � v ��. PRELIMINARY AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2007 Councilman Ferguson moved to, by Minute Motion, approve the contract, as amended to include the following: 1)Add monitoring daily police activity to Paragraph No. 2; 2)insert a preference that if the City Attorney is unavailable,Attorney Steve Deitsch from his firm be authorized to serve as back-up. Motion was seconded by Spiegel and carried by a 5-0 vote. B. RE UEST FOR AWARD OF CONTRACT FOR PROFESSIONAL DESIGN SERVICES FOR PARKING LOT IMPROVEMENTS AT THE PRESIDENTS' PLAZA I (EAST/WEST) BUSINESS IMPROVEMENT DISTRICT (CONTRACT NO. C26260) (Continued from the meetings of February 22 and March 8, 2007). Mr. Ortega noted this item was a report on the cost to add additional parking at Council's request. The staff report indicated that even though the parking lot was not 100% full, there was a percentage that appeared to be full. Therefore, staff recommended the City look at land uses for the ability for businesses to add or improve their properties in the future and see what the cost and feasibility of adding additional parking structures would be. Councilman Spiegel moved to, by Minute Motion: 1) Approve the subject contract with Nasland Engineering, San Diego, California, in the amount of $45,282, plus $1,000 in reimbursables, to prepare a Parking Structure Feasibility Study for Presidents' Plaza I (East/West); 2) authorize the Director of Finance to set aside the amount of$4,528.20 as a 10% contingency(use of contingency requires additional action); 3) authorize the Mayor to execute the agreement — funds are available in Fund 400. Motion was seconded by Ferguson and carried by a 5-0 vote. XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF AMENDMENT NO. 1 TO CONTRACT NO. C22870C — CONSTRUCTION MANAGEMENT SERVICES ON THE WHITEWATER BRIDGE AT PORTOLA AVENUE (PROJECT NO. 647-04). Councilman Ferguson moved to, by Minute Motion, approve: 1)Amendment No. 1 in the amount of $133,050 to the subject contract with Berg & Associates, San Pedro, California,for additional construction management services;2)transferof$76,117.10 from contingency to base for this amendment; 3) appropriation of $56,932.90 for this Amendment from Unobligated Fund 400 monies. Motion was seconded by Benson and carried by 5-0 vote. 19 �F��.�`�.��=��r PRELIMINARY AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2007 XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF AN AMENDMENT TO CHAPTER 25.15 OF THE PALM DESERT MUNICIPAL CODE - HILLSIDE PLANNED RESIDENTIAL DISTRICT AND CHAPTER 25.86 - PUBLIC HEARINGS Case No. ZOA 07-01 (City of Palm Desert, Applicant). Assistant Planner Ryan Stendell stated that in December 2006, City Council directed staff to initiate a zoning Ordinance amendment for the Hillside Planned Residential (HPR) zone. The identified areas of concern were the public noticing requirements, current development standards as they related to previously approved pads, house size, as well as the ridge-top development. He said the current HPR required the typical 300-foot legal notice requirement for any public hearing throughout the City. He said it could be problematic in hillside zones where there was a vast distance in between properties that shared direct impact from one another. Development standards under the current zone allowed one unit per five acres, 10,000 square-foot graded pad, with an additional 3,000 square feet of grading for an access road/driveway, a 4,000 square-foot home, with an exception section that allowed Planning Commission and City Council to approve exceptions based on architecture, landscaping, topography, and profile of any structure. He noted the Ordinance had gone through an interesting process and that he would share some of the alternatives considered by the Planning Commission and where the Ordinance was to date. First with public hearings, the initial thought was to use a line of sight method, but at subsequent Planning Commission meetings, issues came up, such as who prepared the line of sight analysis, and where was the line of sight from. He said the line of sight could be very problematic and Planning Commissioners were unsure as to who was going to pay for it and would the City obtain the right results from it. At that point, other alternatives were considered to arrive to the 4,000 feet for public noticing. Mr. Stendell displayed a map that illustrated an area west of the Storm Channel along Highway 74, and pointed out the highest privately held property in the HPR zone that would be the basis for the proposed 4,000 feet radius for noticing. Staff arrived at that number by providing a reasonable distance and notifying a reasonable number of property owners to the east of Highway 74. In addition, staff proposed that all HOA's south of Haystack Road be notified. Staff believed that over noticing was better than under noticing. He called attention to another map that was included in Council's packet that used the case of the Hagadone home at 4,000 feet. In this example, the 4,000 feet distance would notice just about everyone at Ironwood Country Club down to Portola Avenue; however, it did not cover east of Highway 74, unless your the property was part of a homeowners association. The legal notice would still be published in the Desert Sun. Secondly, the current HPR zone did not have any language relative to ridge-line development. The proposed 20 � V�I"'1� � PRELIMINARY AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2007 Ordinance contains a purpose and intent to disguise and encourage architecture and landscaping to blend into the surrounding area to the greatest extent possible. He pointed out that the map in Council's packet did not include a small area that fell within the HPR zone. He said the updated map would include that piece and would become an attachment to the Ordinance for the HPR zone. The proposed Ordinance identifies the hillside ridge and provides a definition. The map identifies the ridges within the HPR zone and includes language stating that "development on or across ridges was prohibited." He said the initial draft had language that stated "no visual impact on the City," and the Planning Commission felt the City could not make a statement that could never be true. He said line of sight was tricky and you couldn't hide something from every angle of the City. The terminology in the proposed Ordinance states"Building pad and architecture shall be designed to eliminate or minimize any visual impact on the City to the maximum extent feasible." This language allowed staff to identify the ridge as to where not to develop. The project is to be disguised to the maximum extent feasible to the satisfaction of the Architectural Review Commission, Planning Commission,and ultimately City Council. Lastly, staff proposed a section for the previously approved graded pads. Prior to the 2004 revision,there were several pads approved that were previously graded and are in excess of 10,000 square feet. Based on the pre-2004 hillside amendment, a certain amount of grading was allowed based on the slope of the property. The proposed amendment would restore the previous 2004 Ordinance where the house size was 35%lot coverage and can be approved without an exception and go up to 50% of lot coverage with Architectural Review Commission approval. It was important to the Planning Commission to add additional language that would require projects to go back to the Planning Commission and City Council for approval for any changes to an existing approved graded pad or anything outside the norm that would be subject to a new exception. Mr. Stendell concluded his summary and offered to answer questions. Councilmember Finerty stated she was pleased with the work accomplished and only had one question with regard to the property owners west of Highway 74 (i.e., the mobile home parks) with regards to notification. Mr. Stendell replied that those property owners were part of a HOA that would be included in the legal noticing as well as the 4,000 feet radius of a proposed development. Upon further question, Mr. Stendell pointed out on the overhead display how the 4,000 feet noticing requirement or notification by the HOA south of Haystack would reach them as well. Mayor Kelly declared the public hearing open and invited anyone who wished to come forward to speak on the subject Ordinance, to do so at this time. 21 ♦��" , ` J■ � �� o��'. PRELIMINARY AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2007 MR. LAWRENCE T. SUTTER, President of Master Association with Ironwood, Palm Desert, CA,thanked the City Council, Planning Commission and Planning staff for their work on this difficult issue. He said approval of the amendments were significant for the future of Palm Desert and a benefit that will serve the community in a positive way for decades to come. MR. RICHARD FROMME, Paisano Road, Palm Desert, CA, stated he's lived in Palm Desert since 1965. He thanked Council for the opportunity to express his opinion on the matter and noted he had sent a letter to the City Council. He stated private property ownership was a basic right that made this Country what it is today, and in earlier times, a person could not vote unless he owned property. He said he purchased all 292 pages of the Hagadone file from the City last week. In reading the letters, he noticed the people referred to the hillsides as their own. He said they are not, they are privately owned. The property known as the Cahuilla Hills section of Palm Desert were privately owned since they were homestead, and one of the requirements of the Homestead Act was that while in the homestead, it be improved with a structure. He felt the City had changed the rules, making it difficult to impossible, to build a home on the property. He said most homes on the hillsides were bought because of the beautiful vistas seen from the property, and many will lose their savings and dreams by this devaluation. He believed the reason there were only two houses built in the Cahuilla Hills in the past several years, as noted in the Planning Commission minutes,was due to the impossible restrictions put on the property. The change made to the definition of the ridgeline to mean any property that is not in a hole, was wrong. He said it was public record the properties were private when the Valley was being built up and it was known they would eventually be developed. He said the City should purchase at today's market price those privately owned parcels in the foothills that are adversely affected by the proposed Ordinance. However, he did agreed the ridgeline behind that is owned by the public should be preserved. He said his parcels were below the trail, in the hut the City build on the ridge. He added that the trail allowed hikers to push boulders and throw trash down on his property and stated the hut was not a beautiful thing either. Councilman Spiegel asked Mr. Fromme to elaborate to the statement made in his letter to the Council regarding conflict of interest by members of the City Council concerning the hillside plans. 22 ��.�� PRELIMINARY AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2007 MR. FROMME replied that some of the members of Council represented Gerhard Befeld and felt they shouldn't be allowed to make a decision on this matter because they obviously had received compensation. Councilman Ferguson asked Mr. Fromme to explain how this matter affected him, since he lived in the County of Riverside. Mr. Fromme replied he lived in the Cahuilla Hills, but also had two parcels by the large water tank, below the ridge where the hut is located. He said his house was in the County of Riverside that overlooked Gerhard Befeld's house, but his two parcels were affected by the proposed Ordinance because they were within the proposed zone. Councilman Ferguson thanked Mr. Fromme for pointing that out, and noted he had only considered his home and not the land below it. Councilman Ferguson acknowledged it was a conflict and stated he would be happy to recuse himself and left the Council Chamber. MR. DAVID NELSON, Beavertail Street, Palm Desert, CA, stated he owned land in this district, including five acres on Upper Way West. He stated he was in opposition of yet another down zoning of his property, thereby lowering the value of his property once again. He said Bruce Kuykendall and Dave Barren of Barracuda LLC, also own land in this district, asked him to state for the record, that they too were in opposition to the proposed zone changes. His three main points of contention are: 1) The 4,000-foot radius notification. The City wants the property owners to notify their neighbors within a 4,000-foot radius because what they do may impact them. He said it must be pointed out, that if their property could be seen, that they could easily see others property as well and should adhere to the same regulation; otherwise, the City would be giving preference to some property owners and not others; 2) The development on or across the ridgeline. He said that in the minutes of the Planning Commission, he's quoted as stating he liked the change. For the record, he clarified that he was not in favor of th change. He said he was trying to work out a swap with the City in order to alleviate this problem, but if the City tumed down his plan and approved the proposed Ordinance, he was left with a parcel with no feasible place to be built. This code virtually made his land and many others worthless; 3) The proposed development standard. The new standard is set to eliminate or minimize any visual impact on the City to the maximum extent feasible. He said the statement could not be quantified, and the interpretation could be completely arbitrary. The development standards of the Zoning Ordinance should be quantitative guidelines that were not vague or obscure. He said it could cost up to$80,000 just to bring a plan to the City for approval and was impossible to design something with such vague rules. He believed the zone was added due to the outcry over the Hagadone house, but that the Hagadone house 23 . � � �� PRELIMINARY AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2007 was not a problem to the current zoning law; the problem was that the City made a dramatic exception for this one house. He said since he purchased his property, the City's been down zoning the land and in turn lowering the value of the property. He requested the City Council not pass the proposed Ordinance. MS. DORI CREE, Southcliff Road, Palm Desert, CA, stated she understood the 4,000-foot radius notification for homes that were high up on the hill, but she owned property under the 10% grade, which was down on the flat ground that no one could see. She didn't see why that land needed the 4,000-foot radius notification. With no further testimony offered, Mayor Kelly declared the public hearing closed. Responding to Ms. Cree's question, Mr. Stendell replied it was one of the few areas with approved maps and pads prior to the 2004 Ordinance. He said there were seven lots west to Homme Park that were approved under the old Ordinance and would not be subject to hearings but would be subject to the 35% lot coverage and up to 50% lot coverage through Architectural Review. Those lots would not be required to seek an exception since they fell under an old approval from the City. He added that Ms. Cree's property would not be affected by the proposed Ordinance. Mr. Spiegel responding to the comment made earlier, that the Hagadone house had a lot to do with the proposed Ordinance. He said there was no question about it, and had the Hagadone house not happen, the proposed changes might not had been reviewed, but they should have been. He believed Council was now headed in the right direction. He said exceptions could be made if the developer or owner of the land presented a plan that made sense to everyone. He said Council did not want another Hagadone house in the City of Palm Desert. Councilman Spiegel moved to waive further reading and pass Ordinance No. 1136 to second reading, approving Case No. ZOA 07-01. Motion was seconded by Benson and carried by a 4-0 vote, with Councilman Ferguson ABSENT XVIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None 24 ..-�.. �� PRELIMINARY AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2007 C. CITY CLERK 1. Reminder of Study Session to Receive an Update Presentation from the Palm Springs Desert Resort Communities Convention & Visitors Authority on Thursday, April 26, 2007, at 2:00 p.m. Councilmembers noted the reminder. 2. Ms. Klassen reported that this week she'd been participating in the City Clerks Association of California (CCAC) Annual Conference in Palm Springs. She shared that former Riverside County Economic Development Director and current Riverside City Manager Brad Hudson spoke to the group yesterday afternoon and had complimented the City of Palm Desert for its being the best run city in the Coachella Valley if not Riverside County. 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: 1. Consideration of City Council Liaison Appointment to the City's Public Safety Commission (Mayor Richard S. Kelly). Mayor Kelly volunteered Councilmember Finerty to take his position on the Public Safety Commission and stated the City Clerk felt it would be appropriate to take official action. Councilman Spiegel moved to, by Minute Motion, appoint Councilmember Finerty as liaison to the Public Safety Commission to take Mayor Kelly's place. Motion was seconded by Benson and carried by a 5-0 vote. 25 �� ;� � . . . . PRELIMINARY AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2007 o Citv Council Committee Reports: None o City Council Comments: None XIX. ADJOURNMENT Upon a motion by Spiegel, second by Kelly, and 5-0 vote of the City Council, Mayor Kelly adjourned the meeting at 5:25 p.m. RICHARD S. KELLY, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 26