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Home My WebLink AboutPRELIM - CC 07/10/08 ��Jj'�� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JULY 10, 2008 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Benson convened the meeting at 3:00 p.m. II. ROLL CALL Present: Councilman Jim Ferguson Councilmember Cindy Finerty Councilman Richard S. Kelly Mayor Pro Tem Robert A. Spiegel Mayor Jean M. Benson Also Present: Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, City Attorney Sheila R. Gilligan, ACM for Community Services Homer Croy, ACM for Development Services Justin McCarthy, ACM for Redevelopment Rachelle D. Klassen, City Clerk Bo Chen, City Engineer Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works David Yrigoyen, Director of Redevelopment & Housing Frankie Riddle, Director of Special Programs J. Luis Espinoza, Assistant Finance Director John Rios, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire 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 D ��s��T PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2008 Councilman Kelly requested an item be added to the agenda for Closed Session consideration, having to do with an employee complaint. Mr. Erwin noted Councilman Kelly's item would be a matter of Personnel. He further asked for the City Council's consideration of adding another two cases of potential litigation pursuant to Government Code Section 54956.9(b), making a total of four(4) cases. Councilmember Finerty asked for an additional property negotiation item for a five-acre hillside property owned by John McCormick. Mr. Erwin advised that a parcel number was required to be announced in order to add and list the item on the agenda; but perhaps staff could look it up, and it could be added. Upon motion by Spiegel, second by Finerty, and 5-0 vote of the City Council, the aforementioned items were added to the agenda for Closed Session consideration. IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Lease Property - Henderson Community Building - 72559 Highway 111, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Palm Desert Chamber of Commerce Under Negotiation: x Price x Terms of Payment 2) Property: Lease Property - Parkview Professional Office Complex - 73710 Fred Waring Drive, Suite No. 205, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: State of California, Department of General Services, For Coachella Val�ey Mountains Conservancy Under Negotiation: x Price x Terms of Payment 2 !.N!�',a�� 1 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2008 ADDED BY 5-0 VOTE OF THE CITY COUNCIL: 3) Property: APN 628-120-001 Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert Property Owner: John McCormick 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 + 2 Public Employment Performance/Complaint pursuant to Government Code Section 54957(b)(1) On a motion by Spiegel, second by Ferguson, and unanimous vote of the City Council, Mayor Benson adjourned the meeting to Closed Session at 3:03 p.m. She reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Mr. Erwin reported the parcel number for one property discussed by City Council in Closed Session: Assessor's Parcel Number(APN) 628-120-001. He said there was no other reportable action. VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Mayor Jean M. Benson VII. INVOCATION - Councilmember Cindy Finerty VIII. ORAL COMMUNICATIONS - B MR. KOMRON SHAHHOSSEINI, representing Oakmont Senior Living, 220 Concourse Boulevard, Santa Rosa, CA 95403, recalled for City Council the Conditional Use Permit Hearing for their project at the May 22 meeting where it was approved 5-0. Further, he said one of the conditions of approval for their project was a Maintenance Agreement with the Merano Homeowners Association (HOA); however, they were having trouble with that. They experienced some major time delays, and the Merano HOA is being uncooperative. He understood that the City Council was going dark until August 28, but they were faced with some time constraints in the meantime, including closing on the property scheduled for July 23, as well as needing to pull permits. Because it was a condition of approval, Oakmont 3 D��T PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2008 didn't yet own the property, now it couldn't close or pull permits, and it was causing significant hardship. In terms of the Maintenance Agreement, he said Merano was taking an exceedingly long time to review and provide comments on the agreement—three months total ongoing. Additionally, the Maintenance Agreement itself is extremely unreasonable, asking for things that have no nexus to the intent. He said as explained by President of the Merano HOA Michael Carly during the May 22 Hearing, the Maintenance Agreement was for the purpose of the retention basin, the center median and either side of the street at Via Scena, and Oakmont had no problem sharing the costs for maintenance of any of those areas. However, Merano was asking Oakmont for 50% of the insurance for the Merano HOA and 50% of the cost to maintain Merano's interior common area. He asked if there was anything the City Council could do between now and August 28. Mr. Ortega commented that after speaking with the City Attorney, he learned that because the condition was adopted at a public hearing, the only way it could be reconsidered would be at another public hearing. In documentation provided to him, he agreed that items were included that fell outside the nexus of what would be required of the developer, including the payments mentioned that have nothing to do with the Oakmont project. Responding to question, he said because Oakmont cannot close on the project and it cannot be reconsidered at this time, if City Council wished to do so, it could reconsider that condition on a future agenda after notifying all the affected parties. In response to question, he said he had not talked with Merano representatives, as this was something that just arose late last week. He had advised Mr. Shahhosseini that in orderto address it, he needed to come before City Council to make a request for reconsideration of the Maintenance Agreement condition, reiterating that it could only be done by way of reconvening a public hearing for that purpose. Councilman Ferguson added that with a public hearing comes newspaper publication and notice to affected parties, and even if it had a meeting on July 24, City Council couldn't do it that quickly. It would be in August either way, and Mr. Shahhosseini would still be in the same bind. Mayor Pro Tem Spiegel suggested Mr. Shahhosseini work with staff and the Merano HOA in order for the two parties to come to an agreement, and if approved by the two parties, Oakmont could go forward. Mr. Ortega noted Oakmont could not go forward unless Council amended the condition. But he felt if someone from the City served as referee, such as the City Manager, Director of Community Development, or both, to facilitate both parties coming to a reasonable agreement, then Oakmont could comply with the condition and close escrow. Responding to comment, Mr. Erwin said assuming Mr. Ortega served as mediator for putting together an agreement that satisfied the condition, then the problem would be solved. He further agreed it could happen in the next couple of weeks. 4 �� L '"��.�r PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2008 Mayor Pro Tem Spiegel said that would be his recommendation. Councilmember Finerty added she felt Merano needed to be brought into the negotiation and someone there needed to say why they're disputing this condition imposed by the City Council. She believed staff was clear on the intent. Mayor Benson agreed the intent was clear at the time that it was just for the retention basin, nothing else was added. MR. SHAHHOSSEINI remarked that language in the May 22 Minutes, where Michael Carly was present for the meeting, explained exactly what was to be included in the Maintenance Agreement; it was OakmonYs understanding of that direction, which was included in the agreement sent to Merano originally. Mayor Benson felt staff needed to advise Merano that it was holding the Oakmont project hostage for terms that the City Council didn't impose. Mr. Ortega believed that would be helpful. Councilman Ferguson added that if the City Council was forced to bring it back, it will be made unambiguously clear—the condition wasn't included so that Merano could ransom someone else for maintenance,which they were properly responsible fo r. MR. SHAHHOSSEINI requested an August 28 hearing date if necessary. City Councilmembers concurred. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT TO THE UNIVERSITY PLANNING COMMITTEE. Rec: By Minute Motion, make an appointment to the University Planning Committee to serve as Chair in the position formerly held by David Tschopp. Mayor Pro Tem Spiegel moved to, by Minute Motion, appoint Van Tanner, current Chair of the Planning Commission,to serve as Chairof the University Planning Committee. Motion was seconded by Kelly and carried by a 5-0 vote. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of June 26, 2008. Rec: Approve as presented. 5 ��. �- -. �'��'�� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2008 B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 278, 280, 284, and 285. Rec: Approve as presented. C. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Library Promotion Committee Meeting of February 20, 2008. 2. Marketing Committee Meeting of May 20, 2008. 3. Public Safety Commission Meeting of May 14, 2008. Rec: Receive and file. D. DESIGNATION of Voting Delegate and Alternate forthe League of California Cities Annual Conference — September 24-27, 2008, in Long Beach. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. E. REQUEST FOR AUTHORIZATION for Rental of Bucket Truck for Traffic Signal Maintenance Personnel. Rec: By Minute Motion, authorize rental of a bucket truck from Terex Utilities, Fontana, California, at a cost of$2,050/month, plus delivery costs not to exceed $300, for the City's Traffic Signal Maintenance Personnel for a period not to exceed 12 months—funds are available in Account No. 110-4250-433-3325. F. REQUEST FOR AUTHORIZATION to Cancel Contract with Arakawa Nursery and Re-award Contract to The Color Connection for Annual Fall 2008 and Spring 2009 Color Ftowering Plants for the EI Paseo Medians and Civic Center Park (Contract No. C27460, Project No. 930-08). Rec: By Minute Motion, authorize: 1) Cancellation of the subject contract with Arakawa Nursery, Corona, California, in the amount of $14,961.34 due to vendor non-performance; 2) award of Contract No. C27460A to the second-lowest bidder for the project, The Color Connection, Hemet, California, in the amount of$20,840.05 —funds are available in Account Nos. 110-4610-453-2190 and 110-4614-453-3370. 6 PRELIMINARY MINUTES �� REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2008 G. REQUEST FOR APPROVAL of Amendment No. 3 to Contract No. C22170 For Preparation of Environmental Impact Report (EIR) for the Proposed "Cornishe At Bighorn" Project. Rec: By Minute Motion, approve Amendment No. 3 in the amount of $5,000 to the subject contract with PCR Services, Santa Monica, California, for extra GIS work required for the Final EIR of the "Cornishe At Bighorn" Project, and with the City's costs associated with said Amendment, as with all EIR work to date, to be reimbursed by the Applicant, Cornishe At Bighorn, LLC. H. REQUEST FOR APPROVAL of the SunLine Transit Agency Bus Shelter Maintenance Agreement (Contract No. C27870). Rec: By Minute Motion: 1) Approve the Bus Shelter Maintenance Agreement between the City of Palm Desert and SunLine Transit Agency, Thousand Palms, California; 2) appropriate FY 2007-2008 Funds in the amount of $45,930.42 from Account No. 110-4132-411-3090 — funds for FY 2008-2009 were included in the Budget Proposal approved at the City Council Meeting June 26, 2008. I. REQUEST FOR APPROVAL of Memorandum of Understanding (MOU) Between the Volunteer Center of Riverside County and the City of Palm Desert as it Relates to Participation in the 2-1-1 Riverside County Program for Information and Referral Services for County Residents (Contract No. C27880). Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. J. REQUEST FOR APPROVAL of Contract with Riverside County Economic Development Agency (RCEDA) for Sponsorship of the 2009 Riverside County Fair and National Date Festival (Contract No. C27890). Rec: By Minute Motion, approve the subject contract with RCEDA in the amount of $10,000 to sponsor the 2009 Riverside County Fair and National Date Festival, scheduled to be held February 13-22, 2009, and authorize the Mayor to execute same — funds are available in Account No. 110-4416-414-3061. 7 p�,A►FT PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2008 K. INFORMATIONAL REPORT on Landscaping & Lighting Districts and Homeowners Associations. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. Councilman Kelly requested Item D be discussed separately, Councilmember Finerty requested Item I be discussed separately,and Mayor Pro Tem Spiegel requested Item K be removed for separate consideration. Upon motion by Spiegel, second by Finerty, and 5-0 vote of the City Council, the remainder of the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER D. DESIGNATION of Voting Delegate and Alternate forthe League of California Cities Annual Conference — September 24-27, 2008, in Long Beach. Councilman Kelly stated he would not be attending the subject conference and requested to be removed as the Alternate. Councilman Kelly moved to, by Minute Motion, designate Mayor Pro Tem Robert A. Spiegel as Voting Delegate at the League of California Cities Annual Conference 2008. Motion was seconded by Finerty and carried by a 5-0 vote. I. REQUEST FOR APPROVAL of Memorandum of Understanding (MOU) Between the Volunteer Center of Riverside County and the City of Palm Desert as it Relates to Participation in the 2-1-1 Riverside County Program for Information and Referral Services for County Residents (Contract No. C27880). Councilmember Finertywondered howthe residents were made aware of the 800 or 2-1-1 number, because she had never heard of them. Mayor Benson responded the number was published in the City's newsletter when it was first inaugurated. She said the Human and Community Resources Committee recently received a report on the 2-1-1 number, and it seemed the number was being used. Ms. Gilligan noted different agencies referred to the 2-1-1 program. She thought it was a great idea to publish it in the Brightside Newsletter a couple of times a year to remind people of the services available. 8 D�A��T PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2008 Mayor Benson noted a book with all their services will be published in a bound form for easy use, and it will be available at the library and in other agencies. Councilmember Finerty moved to, by Minute Motion, authorize the Mayorto execute the subject MOU between the Volunteer Center of Riverside County and the City of Palm Desert; 2) appropriate $6,467.76 from the Unobligated General Fund to Account No. 110-4159-415-3090 for this purpose. Motion was seconded by Spiegel and carried by a 5-0 vote. K. INFORMATIONAL REPORT on Landscaping&Lighting Districts(LLD's) and Homeowners Associations (HOA). Mayor Pro Tem Spiegel stated this item was about homeowner associations versus landscape and lighting districts. He said staff indicated it was difficult to convert a LLD to a HOA because it would required 100% approval. However, he wished to pursue the second option given by staff, which was to attempt to change State law regarding formation of HOA's. Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Receive and file the report; 2) direct staff to pursue changing State law regarding formation of homeowners associations following the sale of homes from the original developer. Motion was seconded by Kelly and carried by a 5-0 vote. XII. RESOLUTIONS A. RESOLUTION NO. 08-67 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR2007-2008 BUDGETTO PROVIDEADDITIONALAPPROPRIATIONS FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT, FIRE TAX, GOLF COURSE MAINTENANCE FUNDS, AND OFFICE COMPLEX- PARKVIEW FUND. Mayor Pro Tem Spiegel moved to waive further reading and adopt Resolution No. 08-67. Motion was seconded by Finerty and carried by a 5-0 vote. 9 �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2008 XIII. ORDINANCES For Introduction: A. ORDINANCE NO. 1160 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING A CONVENIENCE FEE FOR ON-LINE PAYMENTS MADE THROUGH THE CITY'S WEBSITE OF $5.00 FOR RESIDENTIAL AND BUSINESS CUSTOMERS AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Pro Tem Spiegel stated he was against this Ordinance. He said being able to pay for a license fee or renewal via the Internet was a convenience, and the City shouldn't charge its businesses a $5.00 service fee, because they were the City's main resource for income. Mayor Pro Tem Spiegel moved to, by Minute Motion, deny the recommendation. Motion was seconded by Kelly. Councilmember Finerty clarified the motion was to allow for the payments to be made via the Internet but not charge the $5.00 service fee. Councilman Ferguson concurred. He said it was the City's job to make government accessible and make services easy for residents to use, and to charge a resident/business for the privilege was against his way of thinking. Mrs. Klassen announced the motion to deny the recommendation carried by a 5-0 vote. B. ORDINANCE NO. 1161 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,CALIFORNIA,AMENDING CHAPTER 8.12- TRASH ENCLOSURES, SECTION 8.12.030 AND SECTION 8.12.040, OF THE PALM DESERT MUNICIPAL CODE. Mayor Pro Tem Spiegel moved to waive further reading and pass Ordinance No. 1161 to second reading. Motion was seconded by Kelly and carried by a 5-0 vote. For Adoption: A. ORDINANCE NO. 1150A - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING CHAPTER 5.100 OF THE PALM DESERT MUNICIPAL CODE RELATED TO ENTERTAINMENT PERMITS IN SAID CITY. Mayor Pro Tem Spiegel moved to waive further reading and adopt Ordinance No. 1150A. Motion was seconded by Finerty and carried by a 5-0 vote. 10 �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2008 B. ORDINANCE NO. 1158 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENTAGREEMENT FORA NEW THREE-STORY, 106-ROOM, BOUTIQUE HOTELANDTWO-STORYCONDOMINIUM UNIT, INCLUDING SIXTEEN 3-BEDROOM LOCKOUT ROOMS (48 KEYS MAXIMUM), TOTALING A MAXIMUM OF 154 UNITS/KEYS, PURSUANT TO EXHIBIT "A" ATTACHED Case No. DA 07-02 (Larkspur Associates, LLC, and Palm Desert Redevelopment Agency, Applicants). Mayor Pro Tem Spiegel moved to waive further reading and adopt Ordinance No. 1158. Motion was seconded by Finerty and carried by a 5-0 vote. C. ORDINANCE NO. 1159 - 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 PLANNED RESIDENTIAL-5(P.R.-5)TO PUBLIC INSTITUTION (P), PURSUANT TO EXHIBIT"A"ATTACHED Case No. C/Z 08-10(Palm Desert Redevelopment Agency and County of Riverside - Department of Facilities Management, Applicants). Councilman Kelly moved to waive further reading and adopt Ordinance No. 1159. Motion was seconded by Ferguson and carried by a 5-0 vote. Mayor Pro Tem Spiegel stated this item was for the new police station. XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN DESERT SANDS UNIFIED SCHOOL DISTRICT, THE YMCA OF THE DESERT, AND THE CITY OF PALM DESERT AS IT RELATES TO PARTICIPATION IN AN AFTER-SCHOOL PROGRAM AT LINCOLN ELEMENTARY SCHOOL (CONTRACT NO. C27900). Mayor Pro Tem Spiegel moved to, by Minute Motion, authorize the Mayorto execute the subject MOU between Desert Sands Unified School District, YMCA of the Desert, and City of Palm Desert as it relates to participation in an After-School Program at Lincoln Elementary School—funds in the amount of$89,616 for this purpose have been approved in the FY 2008-2009 Budget. Motion was seconded by Kelly and carried by a 5-0 vote. 11 : �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2008 B. REQUEST FOR APPROVAL OF MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN DESERT SANDS UNIFIED SCHOOL DISTRICT, PALM DESERT MIDDLE SCHOOL, AND THE CITY OF PALM DESERT AS IT RELATES TO PARTICIPATION IN AN AFTER-SCHOOL PROGRAM AT PALM DESERT MIDDLE SCHOOL (CONTRACT NO. C27910). Mayor Pro Tem Spiegel moved to, by Minute Motion,authorize the Mayorto execute the subject MOU between Desert Sands Unified School District, Palm Desert Middle School, and City of Palm Desert as it relates to participation in an After-School Program at Palm Desert Middle School—funds in the amount of$96,000 for this purpose have been approved in the FY 2008-2009 Budget. Motion was seconded by Kelly and carried by a 5-0 vote. C. REQUEST FORAUTHORIZATION FOR THE CITY MANAGERTO AWARD BIDS FOR THE RECYCLED WATER FILTRATION SYSTEM AT DESERT WILLOW (CONTRACT NO. C27920). Mayor Pro Tem Spiegel moved to, by Minute Motion, authorize the City Manager to award bids for the recycled water filtration system at Desert Willow and appropriate said bid amount from Account No. 241-4195-495-8092. Motion was seconded by Kelly and carried by a 5-0 vote. D. REQUEST FOR APPROVAL OF CONTRACT WITH THE COUNTY OF RIVERSIDE TO PROVIDE LAW ENFORCEMENT SERVICES TO THE CITY OF PALM DESERT FOR THE NEXT FIVE YEARS (JULY 1, 2008 - JUNE 30, 2013) (CONTRACT NO. C27930). Councilmember Finerty moved to, by Minute Motion, approve the subject contract between the City of Palm Desert (City) and the County of Riverside (County) on behalf of its Sheriff's Department to provide law enforcement services to the City for the next five years, and authorize the Mayor to execute same — staffing levels and ancillary expenses are at the level approved by the City Council for FY 2008-2009 at its meeting of June 26, 2008. Motion died for lack of a second. Responding to question, Mr. Ortega said the contract was for five years, but if appropriate notification was given by March, the City could cancel. Councilman Ferguson stated it had the same draconian one-year opt out requirement that the Palm Springs Desert Resorts Convention & Visitors Authority (CVA) had where it required a 12 month prior notice with an effective date of July 1 S'. He asked why was it difficult to get out of the agreement, and why did it have to be for five years. Mr. Ortega said it was his understanding that if notification was given by March, it would be a 90-day notification. 12 � � PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2008 Councilman Ferguson stated paragraph 1.3 of the proposed agreement stated otherwise. Mr. Ortega responded he was referring to the existing agreement. Councilman Ferguson offered a substitute motion for a 90-day termination notice requirement instead of a 12-month termination notice requirement. Responding to question, Mr. Ortega reiterated the current contract had a 90-day termination notice requirement. He said Council was not authorized to commit itself to payment of contract beyond that fiscal year, so even though the proposed agreement indicated a five-year contract, Council would have to consider it every year when approving the budget. Councilman Kelly questioned why it was written for five years. Mayor Benson stated the contract was reviewed every year. Councilman Ferguson agreed that in general the contract was reviewed, but this time he didn't like it. He said the County had a new Sheriff, and it was a new contract for him, and he was uncomfortable with a five-year contract. He said other contracts were not long-term. Mr. Ortega recalled all past agreements with the Sheriff's Department were long-term; however, he agreed the termination clause was needed because Council could not be committed beyond iYs current fiscal year. Councilman Ferguson moved to, by Minute Motion, approve the subject contract between the City of Palm Desert (City) and the County of Riverside (County) on behalf of its Sheriff's Department to provide law enforcement services to the City for a term of three years, and authorize the Mayor to execute same — staffing levels and ancillary expenses are at the level approved by the City Council for FY 2008-2009 at its meeting of June 26, 2008. Responding to comment, Councilman Ferguson said he didn't want to establish a standard for long-term contracting and then have the trash company or Desert Willow wanting the same. He said it would bind the future Council, which he wasn't comfortable doing. Councilmember Finerty stated that precedence had already been set. Responding to question, Mr. Ortega said the current contract expired on June 30th, and the City technically didn't have a contract. 13 , [�. �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2008 Ms. Gilligan confirmed the Sheriff's Department wanted a five-year agreement for consistency, but didn't think they would have a problem with a three-year. She said the new contract reflected changes made by Council on an annual basis as part of the budget, and nothing had changed this year, nothing was added or subtracted. She prepared the staff report on behalf of Finance Director Paul Gibson, and she reviewed the contract to make sure it was meeting the needs of the City; she said the contract needed to be ratified to be effective July 1, 2008. Councilman Ferguson had no problem with the contract on July 1, and if the Sheriff's Department had a problem with a three-year term, they could raise that issue, but he felt this contract was renewed yearly without the scrutiny it deserved. He said going from a 12-month to a 3-month opt-out was similar to what the City went through with the CVA, and he didn't want to experience the same with the Sheriff's Department. Councilman Ferguson amended his motion to include commencement of the contract to be July 1, 2008, and a termination clause of not less than 90 days' written notice by either party prior to July 1 of the next fiscal year. Mayor Pro Tem Spiegel seconded the motion, and it carried by a 5-0 vote. E. REQUEST FOR ACCEPTANCE OF THE STATE OFFICE OF TRAFFIC SAFETY (O.T.S.) 2009 GRANT IN THE AMOUNT OF $111,706 TO SUPPORT THE PALM DESERT POLICE DEPARTMENT IN REDUCING INTOXICATED DRIVERS IN THE CITY (CONTRACT NO. C27940). Mayor Pro Tem Spiegel moved to, by Minute Motion, accept grant from the O.T.S. to support the Palm Desert Police in reducing intoxicated drivers on the streets of Palm Desert — grant amount of $111,706 begins October 1, 2008, and continues through September 30, 2009, with funding to be provided through O.T.S. on a reimbursable basis. Motion was seconded by Finerty. Mayor Benson stated that in reviewing the various operations planned by the Department, she thought some type of high school program could be incorporated and included as part of the mission. Assistant Chief Frank Taylor agreed to include with their mission in this program and thought a great connection would be their bi-annual "Every 50-Minute Program." Mayor Benson suggested having students attend a class prior to them obtaining their driver's license. Mr. Taylor agreed to set up some type of program. Mayor Benson called for vote, and the motion carried by a 5-0 vote. 14 . ' � PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2008 F. REQUEST FOR AUTHORIZATION TO REJECT ALL BIDS FOR PARKING LOTSWEEPING SERVICES FORCITY-OWNED PARKING LOTS, RE-BID THE CONTRACT WITHOUTALTERNATIVE-FUEL REQUIREMENTS,AND EXTEND THE CURRENT CONTRACT WITH M & M STREET SWEEPING FOR A PERIOD OF THREE MONTHS. Councilman Kelly moved to, by Minute Motion: 1) Reject all bids received for Sweeping Services for City-owned Parking Lots (Contract No. C27550); 2) direct staff to re-bid the contract, eliminating the alternative-fuel sweeper requirement; 3) extend the current contract with M & M Sweeping Services, Thousand Palms, California, on a month- to-month basis at a monthly rate of $895 for a period of three months (Contract No. C22773); 4) authorize the Finance Department to issue a purchase order to M & M Sweeping Services for$2,685 —funds are available in Account No. 110-4310-433-3320. Motion was seconded by Finerty and carried by a 5-0 vote. G. REQUEST FOR AWARD OF CONTRACT TO KIMLEY-HORN AND ASSOCIATES, INC., FOR CONSULTANT DESIGN SERVICES FOR INTERSECTION IMPROVEMENTS AT FRANK SINATRA DRIVE AND PORTOLA AVENUE (CONTRACT NO. C27950, PROJECT NO. 572-08). Councilman Ferguson moved to, by Minute Motion: 1) Award the subject contract in the amount of$511,000 to Kimley-Horn and Associates, Inc., Riverside, California, for consultant design services; 2) approve a 10% contingency for the project in the amount of $51,100; 3) authorize the Mayor to execute the agreement — funds for the contract are available the FY 2008-2009 Budget in various transportation, drainage, and capital project accounts. Motion was seconded by Kelly and carried by a 5-0 vote. H. REQUEST FOR APPROVAL OF REIMBURSEMENT AGREEMENT AND AMENDMENT NO. 1 BETWEEN THE CITY OF PALM DESERT AND THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) FOR THE PORTOLA AVENUE EXTENSION FROM GERALD FORD DRIVE TO DINAH SHORE DRIVE (CONTRACT NO. C27960). Responding to question as to why Coachella Valley Association of Governments (CVAG) couldn't reimburse the City prior to 2021/2022, Mr. Greenwood responded CVAG had a Transportation Project Priority System, a priority list of projects. He said this project scored fairly low on that list; therefore, CVAG can only guarantee the funds when it reached the ranking this project scored. Councilman Kelly noted the list was reviewed every five years and believed this project would go up in priority once the Portola Interchange was complete. 15 � . �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2008 Mayor Pro Tem Spiegel moved to, by Minute Motion, authorize the Mayorto execute the Reimbursement Agreement and Amendment No. 1 between the City of Palm Desert and CVAG for the Portola Avenue Extension from Gerald Ford Drive to Dinah Shore Drive. Motion was seconded by Finerty and carried by a 5-0 vote. I. REQUEST FOR APPROVAL OF ARTWORK SELECTIONS FOR THE 2009-2010 EL PASEO INVITATIONAL EXHIBITION (CONTRACT NOS. C27970A-R). Mayor Pro Tem Spiegel moved to, by Minute Motion: 1)Accept and approve the 18 sculptures selected for the 2009-2010 EI Paseo Invitational Exhibition; 2) approve $2,575 honorariums for each of the participating artists — funds are available in Account No. 436-4650-454-4002. Motion was seconded by Kelly. Councilmember Finerty recalled that Council requested staff seek a mixture of Art that could be recognized by the average person, and she had a difficult time recognizing most of it with the exception of the dragonfly. Councilman Kelly said this proposal had a variety of Art where almost everyone will have a chance to see a type of Art they liked, and he personally thought it was the best exhibition the City ever had. Councilman Kelly seconded the motion. Councilman Ferguson said his reaction was the same every year, he initially didn't like the pieces, and eventually hated to them leave, which was why he never weighed in on Art. Mayor Benson stated curator, Mark Stephenson, did a good job of reaching out to provide a variety that would appeal to everyone; she agreed it was a good selection. Mayor Benson called for the vote, and the motion carried by a 4-1 vote, with Finerty voting NO. XV. CONTINUED BUSINESS None 16 �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2008 XVI. OLD BUSINESS A. REQUEST FOR FURTHER CONSIDERATION OF APPLICANT APPEAL OF PLANNING COMMISSION APPROVAL OF A PRELIMINARY BUILDING SITE FOR A HILLSIDE PLANNED RESIDENTIAL PROPERTY LOCATED AT 72-340 UPPER WAY WEST (APN 628-130-008) Case No. PP 07-12 (David Nelson, Applicant/Appellant). Following is a verbatim transcript of this item. �� JMB Jean M. Benson, Mayor RS Ryan Stendell, Senior Management Analyst DN David Netson, Applicant/Appellant JF Jim Ferguson, Councilman CF Cindy Finerty, Councilmember RSK Richard S. Kelly, Councilman RAS Robert A. Spiegel, Mayor Pro Tem RDK Rachelle D. Klassen, City Clerk ............................ JMB First item of Old Business- request for further consideration of Applicant Appeal of Planning Commission approval of a preliminary building site for a Hillside Planned Residential Property located at 72-3 quarter— 340 Upper Way West, APN 628-130-008, Case No. PP 07-12, David Nelson, Applicant/Appellant." RS Good Evening...at the conclusion of the previous meeting, staff and the Applicant were both...left with a little bit of confusion so we re—rescheduled this item. The ordinance that the Applicant was requesting we proceed under...gives the Planning Commission, and ultimately by way of an Appeal, the City Council the decision to grant preliminary approval to a site on the five-acre parcel that we had a great length of discussion at last meeting. At the conclusion of the item two weeks prior, we left with the...we were directed to explore Pad #1, and...the Applicant and staff both decided we—the best course was to bring it back to Council and ask for direction,...whether or not their intention was to grant preliminary approval of the Pad #1, or if it was...something else, so that's where we're at, we're simply trying to clarify where we were at two weeks ago. I'd be happy to answer any questions that you may have. JMB Any questions of Ryan? Okay I do have a card from David Nelson. DN Good evening Mayor, members of the Council, my name is David Nelson. I live at 72-595 Beavertail Street, Palm Desert, and I'm the owner of the property. According to the Ordinance optional preliminary approval procedure, the City will identify and assign, site and access road locations where I can build a home. Also, according to the Ordinance, action on appeal or review,the City Council may affirm, 17 � � . . PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2008 reverse, or modify the Planning Commission's decision. It is therefore my understanding that the choices before the Council are these: The first choice is if the Council wants to affirm Planning Commission's decision, which was Site#2. As I explained at the last Council meeting, I cannot build on Site#2. This would mean that the City is not allowing me to build on my property. During the Planning Commission meeting held on March 20, 2007, regarding the down-zoning, the Deputy City Attorney was asked by a Commissioner, "What would happen if the property was restricted to the point where they could nev—couldn't ever develop it." The Deputy Attorney said, "that if—if it was restricted to the extent that it coutdn't feasibly be built on, then the City would have to buy it." This is also my understanding. The second choice before you is to reverse the Planning Commission's decision. If the Council reverses this—their decision, you're still not assigning the site location; this would be in violation of the Ordinance, which states that the City will assign a site location. That leaves the choice to modify. This would be for Site location #1 or another undetermined site. Again, as I had stated in the last Council meeting, it is my contention that there are no other feasible site locations other than Site #1; this seems to be confirmed by your staff. I feel that a home can be build at location#1 and still be developed in a manner consistent with the goals of the hillside zone, but it will have to have portions of the home visible above the ridgeline. After all, due to the size constraints and topography of the land, it would impossible and unfeasible to assign a ridgeline location and not allow portions of the home to be visible above the ridgeline, but with proper design, coloring, berming, and minimizing the impact from trees,you can create a home that will blend into the hillside, but it will not be invisible. I also want to point out, that everyone talks about how bad the Hagadone home decision was, and that they do not want another Hagadone house. That is like comparing apples and apple orchards, the scale is enormous. You're talking about a home that is at least eight times larger than what we would be looking at on Site 1. So my request is simple, it all comes down to assigning the only feasible location for me to build a home on. This is Site #1, which will require an exception to the ridgeline ordinance, or if the City does not want me to build on this one and only feasible location, or in other words, will not allow my land to be feasibly be built on, than according to the Constitution of the United States, the City must purchase the land. The choice is your's. Thank you, and I look forward to your decision. Are there any questions? JMB Any questions? Thank you. This is not a public hearing, is there anybody else that would like to speak on this? Okay. Your pleasure. JF Well, I love being told what I have to do, it just really warms my heart. I don't think I have to say yes to #1 or#2, and I don't think I have to buy your property, frankly, thank you. You went into this with your eyes wide open, you knew what our Ordinance was, and if you buy land that has sensitivity to the whole City, and you want to put an obstruction on it, then complain that somehow we somehow taken your land when you knew all along that was gonna' happen. I don't feel limited by your choices, Mr. Nelson, frankly, and I'm not inclined to go along with Pad #1 or Pad #2, (pause) or tell you how to build your house. 18 PRELIMINARY MINUTES � � REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2008 CF Well I, I think that our Hillside Ordinance is clear, building on the ridgeline is prohibited, end of story, and I would be opposed to any building on Pad #1. JMB Any other comment? RSK Well...l see that the Planning Commission had voted that the...Pad#2, and directed staff to continue to work Applicant on #2, and I'm wondering if the proposal here is...to up—to deny the appeal, which—this originated, this is an appeal from the Planning Commission right? That we deny the appeal from the—of the Planning Commission, or are you making a completely new motion? JF I didn't make a motion at all. RSK Oh. Well I guess I'm...is your motion to deny or to, what, what, or did you not propose a motion at all? JF Didn't propose a motion at all. RSK So will it be possible to... JF Please! RSK uphold the Planning Commission's...decision? RAS What was the vote on the Planning Commission�? CF Three to one (3-1), Commissioner Campbell was the one. RSK Two is down lower, and Applicant say's he can't build on there because of utilities or etc., etc., but it is down low. JF The only, the only problem I had with 2, and I'm sorry Mayor Pro Tem Spiegel... RAS ThaYs okay. JF ...just to answer the question, was for the reason I stated at our last Council meeting, that it will require so much cut and fill, that you're either sawing off a ridgeline or you're filling a canyon, and to me neither one of those are acceptable. So, I don't knowwhetherthat's affirming the Planning Commission, it probably isn't. RSK I was just, I guess I was just exploring what would be an appropriate motion to carry on your thoughts. JMB Well I think... if he chooses to build on 2, that's his decision. He's gotta, it not, we're not restricting his building, he just chooses not to build there, and that's his choice 19 �,�-� �.-��-� - PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2008 not our's, but I would, I would move that we uphold the Planning Commission's decision. RSK Support the Planning Commission's decision? JMB Right. RSK Nothing on the hill? Yeah. That seems like a reasonable motion to me, so I would second it, I would second the support of the Planning Commission's decision to deny (unclear). CF Okay. JMB Any other discussion? Please vote. RDK Motion carries unanimous vote. For purposes of clarification: Mayor Benson moved to, by Minute Motion, deny the Appeal and uphold the decision of the Planning Commission, directing the Applicant to proceed with development of Proposed Pad #2 and no development on the ridgeline. Motion was seconded by Kelly and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF AMENDMENT NO. 1 TO CONTRACT NO. C24660 WITH DOKKEN ENGINEERING FOR ADDITIONAL ENGINEERING AND ENVIRONMENTAL DOCUMENTATION SERVICES FOR THE PROPOSED PORTOLA AVENUE INTERCHANGE AT INTERSTATE 10 (PROJECT NO. 637-02). Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Approve Amendment No. 1 in the amount of $94,000 to the subject contract with Dokken Engineering, San Diego, California, for additional services to complete the Project Approval and Environmental Documentation Phase of the project; 2) authorize the Mayor to execute said Amendment; 3)approve the transfer of$73,983.90 from contingency to base for the project—funds are available in Account No. 213-4351-433-4001. Motion was seconded by Kelly and carried by a 5-0 vote. 20 � , PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2008 C. REQUEST FOR APPROVAL OF AMENDMENT NO.2 TO CONTRACT FOR ADVERTISING AND PROMOTION OF THE EL PASEO BUSINESS IMPROVEMENT DISTRICT FOR ONE YEAR, JULY 1, 2008 - JUNE 30, 2009 (CONTRACT NO. C25452). Councilman Ferguson moved to, by Minute Motion, approve Amendment No. 2 to the subject agreement between the City of Palm Desert and Furino/Greene Creative, Inc., Palm Desert, California, extending contract services from July 1, 2008, through June 30, 2009, in an amount not to exceed $240,000, and authorize the Mayor to execute same — funds are available in Account No. 271-4491-464-3215. Motion was seconded by Kelly and carried by a 5-0 vote. D. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 6 TO CONTRACT NO. C25570A — CONSTRUCTION OF THE SECTION 29 ASSESSMENT DISTRICT (NO. 2004-02). Responding to question, Mr. Ortega said the funds came from the Assessment District's bond proceeds the City issued. Councilman Kelly moved to, by Minute Motion: 1) Approve Change Order No. 6 in the amount of$151,478.97 to the subject contract with Skanska Civil USA West, Riverside, California, forvarious items involving changes in field conditions, design modification, and safety concerns; 2) authorize the Mayor to execute said Change Order. Motion was seconded by Ferguson and carried by a 5-0 vote. E. REQUEST FOR EXTENSION OF CONTRACT WITH REPUBLIC ITS FOR ON-CALL CITYWIDE TRAFFIC SIGNAL SUPPORT SERVICES FOR FISCAL YEAR 2008-2009 (CONTRACT NO. C26741). Mayor Pro Tem Spiegel moved to, by Minute Motion, approve extension of the subject contract with Republic ITS, Anaheim, California, for on-call traffic signal support services for FY 2008-2009 in an amount not to exceed $100,000 and authorize the Mayor to execute same. Motion was seconded by Kelly and carried by a 5-0 vote. F. REQUEST FOR FURTHER DIRECTION FOR THE UNDERGROUNDING OF UTILITIES RELATED TO THE SIDEWALK AND AESTHETIC IMPROVEMENTS ON NORTHBOUND PORTOLA AVENUE BETWEEN FRED WARING DRIVE AND RUTLEDGE WAY (PROJECT NO. 633-07). Mr. Ortega stated Council had directed staff to look into extending the undergrounding project to Rutledge Way; therefore, this was an expanded project with a new budget. Councilman Kelly moved to, by Minute Motion, approve the undergrounding of utilities along the east side of Portola Avenue between Fred Waring Drive and Rutledge Way. Motion was seconded by Ferguson and carried by a 5-0 vote. 21 €': ��: � PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2008 G. REQUESTFORAUTHORIZATIONFORSTAFFTOSUBMITFIRSTDRAFT OF THE GENERAL PLAN 2008 HOUSING ELEMENT UPDATE TO THE STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT. Councilman Ferguson moved to, by Minute Motion, authorize staff to submit the first draft of the General Plan 2008 Housing Element Update to the State Department of Housing and Community Development. Motion was seconded by Benson. Councilman Kelly stated the draft fit the City's General Plan it had as of this date, and at the same time expressed the reasons why the City was submitting a draft related to the economy and the work that's already been done. Councilman Ferguson stated the map that was presented at the Study Session complied with what the State wanted, but it wasn't to say the Council couldn't still make arguments about the economy and a forecast two years ago that was no longer relevant. He said the map was probably something different than what Councilman Kelly had in mind. Responding to comment, he said his motion was to approve the recommendation that staff presented at the Housing Study Session. Councilman Kelly said he needed to make sure he was recommending what the City already had in the General Plan. Ms. Aylaian explained staff was recommending a draft Housing Element Update that was based upon a variation of the last update of the General Plan, but it also reflected the development that had occurred in the past four years. Councilman Kelly asked if Council would see the final draft before it was submitted to the State. Ms. Aylaian responded staff was requesting approval to submit the draft to the State now. She said the final or approved Housing Element will come back to Council for review and public hearings. Councilman Kelly said he was concerned the draft would be submitted with a higher density than he would like. Ms.Aylaian explained the densities on the draft proposal were actually lower than what was in the current General Plan. The current General Plan allowed densities up to 22 units to the acre, and in the draft, the parcels that had been identified allowed 17 units to the acre. Councilmember Finerty stated Agency Counsel was to go through the high density criteria to ensure Council would have the ability to not approve a 22 P '# �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2008 project because of high density, and he was also going to review for any changes that Council may want to make; however, she had not seen or received any letter from Agency Counsel, other than a memo. She would like to go through the criteria to make sure it was as solid as possible. The other issue she had raised at the Study Session was that it would be irresponsible to put a 6,000 unit density when the City had a water and electricity shortage, of which Council had done nothing about. She agreed with Councilman Kelly that the draft was based on a totally different economy, and she would like to hear what Agency Counsel had to say about this criteria. Councilman Kelly referenced Housing Element requirement as noted on page III-2, under California Law, item 4: "To ensure that each local government cooperates with other local governments to address regional housing needs." He said it seemed Palm Desert had a higher density than iYs surrounding governments and would like to see others step up to take some of that housing need. In addition, the population and employment trends were way down and believed Palm Desert's housing needs were also down, and he questioned how he could be assured his concerns were included in the Housing Element. Ms. Aylaian responded staff received a verbal opinion from Agency Counsel just prior to the City Council meeting, and it was his opinion that Council could review proposed high-density housing projects and be able to deny a project based upon the criteria; any of the seven criteria's that were listed in the General Plan that were laid out. Agency Counsel suggested going forward, and it would be appropriate to actually codify that criteria in order to incorporate what's in the General Plan for the high-density overlay into the Zoning Ordinance. Councilman Kelly stated he didn't think any kind of Housing Element should be submitted that Council wasn't willing to back up. The idea of submitting something just to get it approved with the idea that Council wouldn't have to approve projects, concerned him. He thought it was a disingenuous objective, and he didn't want any part of it. Councilmember Finerty agreed. She said it was basically putting something on paper that didn't really matter and supposed other cities were doing the same thing. She said the City needed to look at the economy, shortage of power, shortage of water, and come up with a meaningful program; and maybe be a trailblazer rather than following suit. She suggested the City contact local legislators and ask for their assistance with this required Housing Element. Councilman Ferguson said if everybody had to like everything that was in the Plan, it would require a unanimous approval instead of a 3-2 vote, which 23 d.; �� N ;; ,:h �w., .� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2008 wasn't going to happen. Secondly, if the Council was criticizing the State for freezing in time the economy two years ago, this Council would be guilty of doing the same right now. Thirdly, if this Housing Element was supposed to last to 2014 and this being only 2008, he was sure those who didn't like the Plan were being asked to approve something that otherwise wouldn't in good conscience; however, it didn't mean that people that succeeded this Council may have a difference of opinion. He didn't see anything that was inconsistent about what Council was being asked to do; he said it was long- term planning. He said long-term planning wasn't going to be unanimous or comfortable, but Council had to accommodate for growth and the law, and he for one would rather comply with the law than fight off lawsuits from housing advocacy groups who thought the City wasn't doing its job. Mayor Benson agreed with Councilman Ferguson. She said this was just another task the State mandated that the City had always done, but it didn't atways agree. The Housing Element had been submitted once with the proposed draft criteria, and she didn't see anything wrong with putting it through again; if the State didn't like the numbers, it can then instruct the City on what to do. She didn't want to have the City in a position of having a developer think they could get their way because the City didn't have a Plan. Councilmember Finerty said at the Study Session, Council had asked for the criteria to be reviewed to make the Plan as solid as possible. She was expecting a letter from Agency Counsel listing the criteria with possible recommendations of howto furthertoughen the Plan. However, the Council didn't have anything like that or any information about Council's veto power, and she would feel far more comfortable trying to complywith the State when Council had a criteria that was based on the General Plan and was thoroughly reviewed. Councilman Ferguson agreed with Councilmember Finerty on that point, because usually legal opinions from Richards, Watson & Gershon were painstakingly methodically thorough. He said this was a hip-pocket opinion given to staff on a half-sheet memo that was orally presented to Council less than an hour ago; he said someone dropped the ball, but he wasr�'t trying to point fingers. He said the Council was promised an analysis and a detailed assurance of Council's ability to not grant the high-density bonus, and it received nothing. Notwithstanding that, he still thought the City could submit the Plan, get the analysis that Council requested the first time, and move forward. Ms. Aylaian said in all fairness to Agency Counsel, the Study Session was seven days ago, and it was a three-day weekend. Responding to question, she agreed to follow-up with Agency Counsel to prepare the information requested. 24 Y �� .it� � ,� 4f '!`f��' �:".�r Ys , h PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2008 Councilmember Finerty moved to continue this matter to the meeting of August 28, 2008. Motion was seconded by Ferguson. Mayor Pro Tem Spiegel stated he thought the North Sphere could be a beautiful area in Palm Desert without the high-density apartments and condominiums; it could be developed like the rest of Palm Desert. He understood the City was required to submit something to the State, but Council needed to revisit what had been identified on the proposed map and have some of those areas removed; otherwise, it wouldn't get his vote. He would like to see a map that delineated a much smaller area of the North Sphere as high density or medium density, and high-density overlay. He was in favor of a continuance. Councilmember Finerty agreed with Mayor Pro Tem Spiegel, as she had raised that issue many times before that Parcels D, E, F, and G,were in very close proximity and totaled 1,312 units on the proposed map, which was too much. Mayor Benson called for the vote, and the motion carried by a 5-0 vote. XVII. PUBLIC HEARINGS A. CONSIDERATION OF THE RESULTS OF THE PROPERTY OWNER PROTEST PROCEEDINGS FORTHE PROPOSED PRESIDENT'S PLAZA I PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2008-2009, APPROVAL OF THE MANAGEMENT DISTRICT PLAN AND ENGINEER'S REPORT, AND ORDERING THE FORMATION/RENEWAL OF THE PRESIDENT'S PLAZA I PROPERTY AND BUSINESS IMPROVEMENT DISTRICT AND THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2008-2009. Mr. Stendell noted this was a public hearing to go along with the intent meeting presented to Council about six weeks ago. He said staff recommended opening the public hearing and accept testimony, close the balloting in order for City staff to count said ballots, and hold the public hearing open until staff returned with the results. Mayor Benson declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. MR. JOE HOPPER stated he was one of the building owners for President's Plaza I Property and Business Improvements District (PBID). He thanked the Council for the job they did, and stated the work at PBID was well done. The few experiences,when they needed Public Works to respond, had been positive. However, his main concern today was to address the palm tree problem at President's Plaza. He said palm trees were inserted into vaults 25 �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2008 that were a size too small; consequently, those palm trees caused damage to the various sidewalks. He was facing two situations at his building, in one case the sidewalk was raised enough to cause an incident a year ago, which he and the City split a $20,000 "slip and fall" claim. The second issue was with the building next to his where the palm tree raised up the curb, and it wasn't allowing the water from the sprinklers to drain, so he had standing water there year-round. In speaking with various City personnel about the two situations, a number of ideas were floating around to take the trees out, put new trees in, etc., but both problems continue to linger on. He said it's cost both he and the City a lot of money already, and he would like to see this matter finally addressed. In terms of the actual raising of the assessment fees, he understood they were necessary and voted accordingly. He again thanked the Council. Landscape Manager Spencer Knight responded staff had looked at that project and several options had been developed. He said this was one of those projects that went beyond just the palm trees, and at this point, staff was scheduled to meet on Monday to talk about the situation. Further responding, he said the palm trees were planted in various small planters and had now grown to the size where the trunks were a problem. He agreed to contact Mr. Hopper after his meeting on Monday. MR. HOPPER said whatever was decided, he would like to obtain a timeline to have the problem resolved one way or another. With no further testimony offered, Mayor Benson closed the balloting and directed staff to tabulate the ballots and report back. Following the counting of the ballots, Mr. Stendell reported there was not a majority protest; therefore, the City had the ability to approve all three resolutions for the new five-year President's Plaza Property Business Improvement District with the increased levy. Mrs. Klassen announced the balloting results as follows: YES Valuation = $65,595.78 NO Valuation = $44,685.18 Since there was no majority protest, the District can be formed, and all related resolutions could be acted on. Mayor Benson declared the public hearing closed. Mayor Pro Tem Spiegel moved to waive further reading and adopt: 1)Resolution No. 08-68, declaring the results of the property owner protest ballot proceedings conducted for the proposed President's Plaza I Property and Business Improvement District Assessments commencing with Fiscal Year2008-2009;2)Resolution No.08-69,approving and adopting the Management District Plan and Engineer's Report for the President's 26 �. ;�.�,� �, � �^'�' f.�; ._� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2008 Plaza I Property and Business Improvement District for Fiscal Year 2008-2009 and appointment of an owners' association; 3) Resolution No. 08-70, ordering the formation/renewal of the President's Plaza I Property and Business Improvement District and the levy and collection of assessments for said District for Fiscal Year 2008-2009. Motion was seconded by Finerty and carried by a 5-0 vote. B. CONSIDERATION OF THE RESULTS OF THE PROPERTY OWNER PROTEST PROCEEDINGS FOR THE PROPOSED IMPROVEMENT CHANGE AND INCREASE IN ASSESSMENT FOR THE "SANDCASTLES" LANDSCAPING AND LIGHTING DISTRICT; AND APPROVING OR AMENDING THE ENGINEER'S REPORTAND ORDERING THE LEVYAND COLLECTIONOFANNUALASSESSMENTSTHEREFOR— FISCALYEAR 2008-2009. Mr. Stendell noted this public hearing was slightly different, the City had an existing lighting district that was paying for street lighting only, and this was an attempt to increase the levy to maintain some common landscaping. Staff recommended opening the public hearing and accept testimony, close the balloting in order for City staff to count said ballots, and hold the public hearing open until staff returned with the results. MS. TERRY WOOD, Easy Street, Palm Desert, CA, stated she lived behind the retaining wall on Carlotta and Hovley East, and she was not part of a homeowners association. When she received the assessment notice in the mail, she rallied the residents and managed to collect money from 30 people to fix the "No Loitering" sign. Residents on the Carlotta side pulled out the oleanders and bushes because they were an eyesore, and the palm trees were also trimmed. The residents she spoke with believed they paid enough property taxes already, and though it would be a major hurdle for them to try to maintain Hovley East, which they didn't think it was their responsibility to pay for landscaping there. She said people from DeMar, Devall, and Sandcastles didn't like the assessment because it didn't include anything up the street towards them. She represented the majority of the people she spoke with, and they believe the City should fix Hovley East. Responding to question about the possibility of forming a homeowners association, Mr. Stendell responded he had discussed the direction staffwas heading after the May 22, 2008, City Council meeting with regards to HOA's with this group of residents, but he wasn't sure what discussions the group had among themselves. He said this was a difficult situation, and it was similar to the Silver Spur matter where there was very little amount of landscaping that was maintained, but not to the level of satisfaction that the City would prefer. Further responding, he agreed to follow-up with this group about forming a homeowners association. 27 �,� ��',�� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2008 With no further testimony offered, Mayor Benson closed the balloting and directed staff to tabulate the ballots and report back. Following the counting of the ballots, Mrs. Klassen announced the results as follows: YES Valuation = $1,050.00 NO Valuation = $1,800.00 A MAJORITY PROTEST existed in this balloting; therefore, Resolution No. 08-71 could be adopted, and no further action was required on Resolution Nos. 08-72 and 08-73. Mayor Benson declared the public hearing closed. Councilman Ferguson moved to waive further reading and adopt Resolution No.08-72,declaring the results of the property owner protest ballot proceedings conducted for the proposed levy of new or increased assessments related to Zone 05 - Sandcastles of the Palm Desert Consolidated Landscaping and Lighting District, commencing with Fiscal Year 2008-2009.. Motion was seconded by Finerty and carried by a 5-0 vote. C. REQUEST FOR ADOPTION OF RESOLUTIONS OF THE CITY COUNCIL AND THE PALM DESERT REDEVELOPMENT AGENCY, APPROVING A COOPERATIVE AGREEMENT BETWEEN THE PALM DESERT REDEVELOPMENT AGENCY AND THE COUNTY OF RIVERSIDE CONCERNING THE CONSTRUCTION, FINANCING, AND ACQUISITION OF LAND FOR A SHERIFF STATION (CONTRACT NO. C27980) (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mr. McCarthy noted this was a Cooperative Agreement between the County and the Redevelopment Agency. He said the terms of the transaction were in the staff report in brief; it was an exchange of 10.087 acres located on Gerald Ford Drive between Monterey Avenue and Portola Avenue for the Civic Center Sheriff Station. Mayor Pro Tem/Vice Chairman Spiegel asked if the Sheriff's station would continue to be at the Civic Center. Mr. McCarthy said it was his understanding the traffic detail and possibly the dispatch element would remain at the Civic Center, but the terms for their retention there had not been negotiated. Further responding, he said the transaction was an exchange of raw land for improved property, and based on the appraisals, it was a fair transaction that merited recommendation for approval. Mayor/Chairman Benson declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. 28 �� ,� � s �� " E". PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2008 MR. VINCENT YZAGUIRRE, Director of Real Estate for the County of Riverside, stated he had been working with the City's excellent staff on this project for more than a year. On behalf of the County of Riverside, Supervisor Wilson and Board of Supervisors, and the Sheriff of Riverside County, he thanked the City Council and staff. In particular, Mr. Justin McCarthy who was diligent in working on this project and assisted in having this state of the art public safety project moved forward. He said the new Palm Desert Sheriff's station was a mentor commitment and enhancement of public safety that will benefit the residents of Palm Desert as well as the Cove Community for decades to come. The County of Riverside was proud to partner with the City and this Council in improving the quality of life for all Palm Desert residents. With no further testimony offered, Mayor/Chairman Benson closed the public hearing. Councilman/Member Ferguson inquired if the City/Agency was receiving more than just improved property in consideration for the disposition of this acreage, and if it was also getting termination of the lease agreement from the County for the substation. Mr. McCarthy confirmed it was, and the monetary value associated with the 10 acres was $6 million. Councilman/Member Kelly moved to waive further reading and adopt: 1) City Council Resolution No.08-74,authorizing sale bythe Palm Desert RedevelopmentAgency of certain property to the County of Riverside for the construction of a Sheriff Station thereon by the County, making certain findings, and approving a Cooperative Agreement in connection therewith; 2) Redevelopment Agency Resolution No. 551, authorizing the sale of certain property to the County of Riverside for the construction of a Sheriff Station thereon by the County, making certain findings, and approving a Cooperative Agreement in connection therewith. Motion was seconded by Ferguson and carried by a 5-0 vote. XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. Consideration of Requestfrom the Building IndustryAssociation (BIA) to Delay Implementation of the City's Increased Building Fees. Mr. Ortega asked City Council's consideration of adding an item to this agenda. He'd just received a letter from Mr. Bell of the BIA, requesting clarification on implementation of the City's increased building fees. 29 �'"�!ai� �m:s,h u•ua w„� �"° �' f'.�.°�..� .�� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2008 Upon a motion by Finerty, second by Ferguson, and 5-0 vote of the City Council, consideration of this item was added to the agenda. Councilman Ferguson commented that City Council did say it would take a look at the matter in six months; and things had not improved, in fact, they were worse. He was in favor of continuing implementation of the fees for another six months and looking at them when City Council makes its Mid-year Budget Review. Councilmember Finerty concurred. Councilman Ferguson moved to, by Minute Motion, defer implementation of the increased building fees included in Resolution No. 07-80 for another six months, with next reviewfor possible implementation to occurduring the Mid-Year2008-2009 Budget Review Process. Motion was seconded by Spiegel and carried by 5-0 vote. B. CITY ATTORNEY 1. Consideration of Draft Amendment to the Entertainment Ordinance. Mr. Erwin noted that earlier in this meeting, City Council adopted Ordinance No. 1150A, relating to City Entertainment Permits. At the June 26 meeting where it was passed to second reading, City Council indicated its desire to consider additional restriction or regulation of amplified music as it relates to entertainment permits. He drafted the subject ordinance appearing in the packets that included proposed language to this effect. He said the draft ordinance amended Section D.3. -Site Plan to, "...require that it include the nature and the development of all adjacent property to the current applicant, as well as indicating that amplification of music or of any part of the performance shall be set forth in detail and may be subject to special regulation." He asked for Council's guidance on whether or not this draft was sufficient, if it should be stronger, or not at all. Councilmember Finerty believed it should be stronger, specifically, where it states, "...it may be subject to special regulation." She believed that if there was amplified music outdoors, close to residential properties, the applicant needed to be made aware that it may be prohibited. Mr. Erwin suggested adding "...subject to special regulation or prohibition" to the last sentence of Sections D.4. and C.1. Councilmember Finerty agreed with this suggestion. Responding to Mayor Benson's question if any language specifically prohibited amplification after 10:00 p.m., Councilmember Finerty 30 ��r�-��.�-n -..,.;� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2008 believed the aforementioned edit, including "special regulation or prohibition," would cover that issue. Mr. Erwin agreed. Further responding, Mr. Erwin said staff was very aware of the City Council's direction about a 10:00 p.m. limitation. Mayor Benson reiterated her request that the ordinance specifically state there would be no amplification after 10:00 p.m., rather than relying on a staff member to do so during the processing of an application. Mr. Erwin agreed to include the time, and Councilmembers concurred it was a good idea. Upon Councilman Ferguson's request for clarification about how the limitation would be applied, it was agreed that special permission or a Temporary Use Permit would be required from the City Council before an exception would be granted for any amplified sound after 10:00 p.m. With City Council concurrence, the City Attorney was directed to make the aforementioned modifications and place the ordinance on the next regular meeting agenda for first reading. C. CITY CLERK 1. Request to Adjourn This Meeting to Friday, July 11, 2008, at 9:00 a.m. to Conduct Applicant Interviews for Planning Commission and Potentially Make Appointment. Following discussion, Councilmembers concurred that this meeting should be adjourned for the purpose of conducting a Study Session on Friday, July 11, at 9:00 a.m. for the applicant interviews. D. PUBLIC SAFETY o Fire Department Chief Rios reported on the Northern California fire siege that their Department has been under. Local personnel were under a staffing pattern--all Cal Fire employees' days off were canceled for, with the exception of pre-approved vacations. He said every Cove Communities Fire Station was fully covered and manned 24/7, as usual, but with additional personnel at no cost to the contract cities; it was being provided by the State. He stated the Northern Siege resulted after approximately 1,700 fires started two weeks ago. To date, 322 fires remained very active, 1,500 personnel remained on the fire lines with over 200 pieces of equipment; and as of today, the 31 �� ,.�� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2008 Governor requested that Cal Fire assemble an additional 600 fire engines. He said that meant it would become a unified command system, and currently some County and City engines from the area had been sent to Northern California, reiterating that every station here was still fully covered and manned. As personnel are sent to the fire, they are working a 21-day rotation before being allowed to return to their home base, which was the same rotation being observed by station personnel--two days off, then return to work--just to ensure that the Department has the quality of control needed for the siege being faced up north. o Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. No-smoking Ordinance—Councilman Ferguson referred back to the Minutes of the June 26 Meeting where need for further due diligence on the smoking ordinance was requested, including reference to a committee that he didn't believe existed yet, and a deadline set for when it would come back. After seeing what happened with the request regarding the eight criteria for high-density bonus, he wanted to emphasize that he was very serious when he asked staff to perform the necessary diligence, include the stakeholders (both smokers and non-smokers), and he offered to participate in the process. He felt there was a lot more that could be done with the City's ordinance after the homework is done as suggested by Councilman Kelly. In response, Mr. Erwin advised that yesterday he received a list of six or seven individuals who had contacted the City Clerk with their interest in serving on the committee. Mayor Pro Tem Spiegel moved to add this item to the agenda and to, by Minute Motion, appoint Councilmen Ferguson and Kelly to the Ad Hoc No-smoking Ordinance Committee. Motion was seconded by Finerty and carried by 5-0 vote. o City Council Committee Reports: None 32 ,� , , << �� `� � PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2008 o City Council Comments: 1. Fourth of Julv — Mayor Pro Tem Spiegel commended staff, police, and particularly Pat Scully for the Independence Day Program and fireworks. He said it was very hot that day, but the band put on a wonderful show, and the overflow crowd at the Civic Center greatly appreciated it. In past years, the Driving Range at College of the Desert had been used for the overFlow, but it was undergoing renovation and unavailable this year. Nonetheless, he said it was a marvelous evening, and several people even came up to him afterward and thanked the City for it. 2. Palm Desert Police Department— Mayor Benson commented that she'd recently witnessed two incidents where the Police Department did a very good job. First, she was walking back to her car the day the Department was checking its new vehicle license plate reader and identified a stolen car in the Civic Center Parking Lot. It was very exciting to see them in action, and she was certain the device would be well used. Secondly, K-9 Officer Van Snapp came to her house last weekend after calling about her neighbor's front door being wide open,with the neighbor being out of town for an extended period of time. She said it ended up okay, another neighbor checked on the house; but again, she was fortunate to witness the Department's expedient and thorough response. XIX. ADJOURNMENT On a motion by Spiegel, second by Kelly, and unanimous vote of the City Council, Mayor Benson adjourned the meeting at 5:39 p.m. to Friday, July 11, 2008, at 9:00 a.m. for a Study Session to interview Planning Commission applicants. JEAN M. BENSON, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 33