HomeMy WebLinkAbout1998-02-17MINUTES
ADJOURNED JOINT MEETING OF THE
PALM DESERT CITY COUNCIL
AND
PALM DESERT REDEVELOPMENT AGENCY
TUESDAY, FEBRUARY 17, 1998
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I. CALL TO ORDER
Mayor/Chairman Benson convened the meeting at 1:30 p.m.
II. ROLL CALL
Present:
Councilman/Member Buford A. Crites
Councilman/Member Jim Ferguson
Councilman/Member Richard S. Kelly
Mayor Pro-Tempore/Vice Chairman Robert A. Spiegel
Mayor/Chairman Jean M. Benson
Also Present:
Ramon A. Diaz, City Manager
David J. Erwin, City Attorney
Sheila R. Gilligan, Director of Community Affairs/City Clerk/Agency Secretary
Carlos L. Ortega, RDA Executive Director
Mary P. Gates, Deputy City Clerk
III. ORAL COMMUNICATIONS - A
None
IV. NEW BUSINESS
A. CONSIDERATION OF EXPANSION OF THE ECONOMIC DEVELOPMENT ADVISORY
COMM' 1 t Et TO 11 MEMBERS PLUS AN ALTERNATE.
Mrs. Gilligan stated there had been some confusion following appointments to various City
committees and commissions made by the City Council at its meeting of February 12, 1998.
She said members of the Council indicated they felt both Nancy Artis and David Tschopp had
been reappointed to the Economic Development Advisory Committee and yet two new
members were appointed as well. She stated that in order to correct that, the Council could
expand the membership of the Committee to eleven members plus an alternate and reappoint
both members.
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ADJOURNED JOINT MEETING OF THE
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PALM DESERT REDEVELOPMENT AGENCY FEBRUARY 17, 1998
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Councilman Spiegel suggested that the wording of the ordinance be changed to reflect that
membership shall consist of a maximum of eleven voting members.
Councilman Spiegel moved to: 1) Waive further reading and pass Ordinance No. 869 to second
reading, amended to reflect that membership shall consist of a maximum of eleven voting members; 2)
reappoint David Tschopp and Nancy Artis to 4-year terms on the Economic Development Advisory
Committee. Motion was seconded by Kelly and carried by unanimous vote.
The following is a verbatim transcript of this portion of the meeting:
Key
BAC Councilman Buford A. Crites
SRG Sheila R. Gilligan, City Clerk
RSK Councilman Richard S. Kelly
JMB Mayor Jean M. Benson
RAS Mayor Pro-Tempore Robert A. Spiegel
JF Councilman Jim Ferguson
DJE David J. Erwin, City Attorney
RAD Ramon A. Diaz, City Manager
BAC Quick question. Where are we on all of the letters, who we are and who we aren't sending to and
all the rest of this and that because I think we have confusion over some of those issues as well.
SRG We do. Subsequent to the meeting I had a discussion with Councilman Crites relative to who would
or would not be receiving the letters. Those people who are not Palm Desert residents I was directed
to mail letters to. Councilman Crites felt that that wasn't the case, that I should not be sending a
letter to certain members of the Art -In -Public -Places Committee. Maybe I'd better let you explain
it.
BAC I just...my issue was I thought we ought to come and final discussion, as an example, over what our
existing ordinance says about specific skills. I'm right back on the same issue again about the Desert
Museum. The bylaws of Public Art have someone from the museum community. We have no
applicants who are Palm Desert residents who have that background at this time, and so I'm
wondering why we're going to send a letter out to somebody who holds that slot when we don't have
anybody else to fill that slot from within the City boundaries.
RSK Well, it seems to me like we'd come up with some just recently who realized through an ad in the
paper that there were openings, and they saw that there were opportunities. And we did pick up one
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for Art -In -Public -Places that has had past experience in procurement...that there's nothing wrong
when we have a particular expertise that we're looking for, to advertise in the paper for a resident
of Palm Desert who fits that need.
BAC I don't have any objection...right, I don't have any objection to doing that at all, but I don't think
we ought to send out a letter sort of hoping somebody will resign until we have some applicants for
that slot. So I guess my request would be that we go ahead and see if we can solicit applicants who
fit that piece of the Public Art Committee's specified criteria and then, when we do, go from there.
RSK It certainly wouldn't be a wasted effort anyway.
BAC No. I don't have disagreement at all.
JMB So...we're going to send the letters, then, to everyone that is not a resident except the one person
that is on that committee?
BAC Well, that's the one I had a concern with. I'm the liaison to that committee. If there are other
committees that have kindred specified slots filled by non -Palm Desert residents, then somebody else
will have to speak to that issue for that committee.
RAS Well, when Economic Development was put together, one of the positions, there were specific
positions like hotel involvement, bank, etc., and one of them was snowbird. If we're going to have
a snowbird, that snowbird probably won't have Palm Desert as their permanent residence.
RSK See, I don't know why we'd have that on there anyway.
RAS Well, the object, I guess, of the position, and I'm not trying to defend it because I wasn't here when
it was put together, but the object of the position was someone that spends time in Palm Desert in
the heat of the season who can go back to the Economic Development Committee, who is not an
employed person, who can go back to the Economic Development Committee and say this is what's
wrong that is going on, this is what should be happening, and so on. How successful it's been is
questionable.
JMB Well, that position, though, doesn't have to be a snowbird. That position is somebody that has a
home in Palm Desert, that's what it was meant to be. They are a resident.
BAC A homeowner.
JMB A homeowner.
RAS They have a home.
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BAC Or a renter.
JMB No...well, it could be, but the purpose was that it's somebody that lives here, maintains their home
here, but didn't spend the whole...
BAC Part time.
JMB Yes.
BAC Right. But again, it...
JMB But it wasn't somebody coming down from Canada spending six months here.
BAC Well, that's exactly what it was, that's exactly why it was called that. It was not a permanent
resident. That's exactly what it was set up for. Now, like Bob we can argue the right or wrong of
it, but it was not set up to be a permanent resident of the City, it was set up to represent what is a
significant percentage of our seasonal population, which are people who come down from November
or December through April or May and aren't here the rest of the year, and I suspect a lot of those
people keep their voting residence in Cleveland or Seattle or wherever that happens to be. Now, if
we don't want to do that, that's fine, but your point is well taken. That was exactly what it was
intended to be.
JMB Well, I guess I didn't have that intention. I thought it was somebody like the person we had here,
the one who filled that in the community, was Don Hedlund. And he was here more than eight
months out of the year. He owned a home here but was the perspective of the person that wasn't
involved in the business community that had an investment in the City. That was my thought on who
that was.
BAC Well, maybe we ought to...
JMB Then maybe we'd better look at it. I agree with Dick, if it has to be somebody that doesn't own a
home here and is just a renter or something, they don't have an investment in the City.
RAS Well, the person in the position right now is Dr. Lyons who has a home up at Bighorn, and I don't
know whether or not it is his...
BAC Primary.
RAS ...primary residence. I mean, I would imagine because he comes to most of the meetings that he's
here a good percentage of the year. Whether or not he's a registered voter in the City of Palm
Desert, I don't know.
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JMB Well, that's easy to find out.
RAS Well, should that be the criteria, though?
JMB Well, maybe that's something we need to look at.
RSK For tax purposes a lot of those people have their residences somewhere else which galls me anyway.
Then having a residence somewhere else so they can keep from paying taxes in the State of
California, and then we let them help run our City, it's not something I like.
RAS Well, they're paying real estate taxes and sales tax.
RSK Bugging out of everything they can bug out of. We're lucky if they have a California license plate
on the car they're driving.
JMB Well, we need to get the issue of the letter resolved, so we're sending it out to everyone except her,
is that right?
JF I'm curious, because Councilman Spiegel wasn't here, and we sort of reached this letter as a
compromise, what your views on it are.
RAS On what?
JF Whether we grandfather in the existing people until the expiration of their terms, which I believe is
the resolution that's currently on the books. We did take action, as I understand it, in early
December to summarily get rid of everybody who wasn't a resident, that was, I understand from
Sheila, never passed by a resolution. And so the issue came to a head, and I think this is really the
heart of the problem, is do we go ahead and stick with the resolution that's on the books, do we go
with the new resolution, and if we do what do we do with the people who have been told one thing
and now we're doing another thing?
RAS Well, we never sent letters out and said you're out.
SRG No, we never sent them out that they were out. We sent them a letter with a resolution telling them
that there term would expire...
RAS At the end of their term.
SRG At the end of their term, right.
RAS Right. Okay. Well, I guess that would be the position I would take and...I don't know where Gary
Lyons lives, whether he lives here or he lives in Paduca, but if...I have no problem with saying that
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everyone on a committee or commission must have Palm Desert as their residence. And that way,
hopefully, there will be somebody that we can find for Art -In -Public -Places that will come to us that
has museum experience (we may have to build our own museum, who knows?) who will have
museum experience that lives in the City of Palm Desert that can fill a vacancy because I think if you
start making exceptions, then you've got problems. And just to summarily kick somebody off I think
that's wrong, I think it's a when your term's up kind of thing. You asked me a question, that's my
answer.
JF Well, the reason I asked is I think it may make the issue of a letter moot because if I count correctly
last time it seemed like there were two votes in favor of grandfathering them in and two votes in
favor of getting them off, and if there's now a majority that wants to grandfather them in, we won't
need the letter at all.
RAS By grandfathering them in, you mean until their term is up.
JMB Until their term is up.
JF Right.
RAS That would be what I would like.
RSK Okay, we do that, then in the meantime advertise for some expertise that we think might be missing
from that.
JF Is that a fairly accurate assessment, Mr. Crites?
BAC Darned if I know, I'd send the letter.
JF Pardon me?
BAC I said I'd send the letter.
JMB But we have three that want...
JF But if we're going to grandfather them in why would we need to send a letter at all?
JMB Right, so then we will leave it as it stands now?
RSK Buford and I are the ones who were going to send the letters?
JMB Yes, you and Buford made the suggestion to write the letter and ask them to resign and give up their
seats.
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RSK Ask them if they...
BAC Would be willing to.
JMB And you agreed with that as a compromise...So, we have three that say leave it as initially informed.
SRG At your December meeting you actually took action. It was unanimous action saying that you had
to be a Palm Desert resident effective immediately. Maybe it would be appropriate, correct me if
I'm wrong Mr. Erwin, to take action now saying that we'll let the resolution stand, and their terms
will expire at the end of their term, their membership will expire on the committee at the end of their
term.
RAS Or if they miss three...
SRG That would make it cleaner for...
JMB Or if they missed three meetings.
SRG Right.
BAC We have some people who will now remain on committees for four years, right?
RAS How many people have you got outside the...
JMB I thought 2000 was the...we had some '98 and some '99, we had some going off each year...
SRG But you also changed everybody's terms to four years, and what we were doing was as new people
are appointed, they get the four years, it keeps them staggered that way. So people who have one
year left are not going to have three more years because it changed to four, they will go off. If
they're eligible as Palm Desert residents, they're eligible for reconsideration for appointment to a
four-year term.
JMB So they have to be reconsidered.
BAC But some of the people that we have reappointed who are not Palm Desert residents, what is the
end...
RSK We haven't done that for quite a while.
BAC Yes, we have reappointed some of them pretty darned recently, I think. What's the end of all of
this?
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JF I don't think so.
SRG I don't think you have.
BAC Is a year and a half from now the end of it, or do some of them lapse over to 2001, 2002?
JMB I saw 2000, I thought... You passed out the ones that showed the expirations.
SRG Right.
BAC Right, and I don't have it in front of me.
SRG We can get that. Do you want us to go get it?
JMB Do you want to see that?
RAS Sure.
JMB How many have you got?
JF If we have three votes to reaffirm the resolution that's on the books, and we can clarify that by a vote
right now, I'm not sure that it makes any difference.
BAC I just wanted my colleagues to know how long some of those people would be sitting on committees
and not being residents.
JMB Well, we all got the memorandum when I asked that she let me know, everybody got a memo
showing all of the term expirations.
RSK Yes, I remember getting it, but I didn't memorize it.
JMB No, what you did is ask me how many it involved.
SRG She's bringing it right now.
RSK I didn't think any of them were going to be that long.
JMB I think 2000...
JF 2000 seems...I didn't memorize it, either, but it sounds right...
SRG Sounds like it's right, 2000.
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JF It sure would seem odd that we would unanimously vote to kick everybody off immediately who
wasn't a resident and then in the same meeting appoint people who aren't residents. I don't think
we did that.
BAC I don't know how long ago it's been. I just thought I'd like to see that.
RAS Do we know how many people we're talking about?
SRG Ten, maybe. Off the top of my head, I would have to say about ten.
JF Now, did we take any, since we're on the subject of appointments in general, action on whether or
not to expand Architectural Review?
BAC No, we didn't because we were in part looking at whether or not we would all of a sudden have a
vacancy there. We have one or two members who are not Palm Desert residents on that body now.
JMB Some of them are residents who moved out.
BAC Yes, I suspect all of them...
JMB Okay...
SRG Okay, there are eight, and that is Frank Urrutia, who goes off in 1999, and he's on two,
Architectural Review and Art -In -Public -Places, Bob Richey goes off in the Year 2000 from the
Building Board of Appeals, Jeff Courchaine 1998, Katherine Hough 1998, Carolyn Miller 1999,
Doug Simmons who is on Economic Development and Sister Cities goes off in 1998, Sonny Tatum
1999, and Bill Powers 1999.
RSK Bill Powers 1999?
SRG 1999.
RAS So you have one person in 2000 and the rest of them in 1998 and 1999.
JMB Okay, so do I have a motion now to rescind...
DJE If you wish to do this, you need to place it on the Agenda.
3MB Oh, okay.
RSK To do what?
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JMB To rescind...
DJE To reaffirm your prior action.
JF Or rescind it.
RAS I'll move that we put it on the Agenda.
BAC So seconded.
SRG Motion carries by unanimous vote.
JMB Now, do I have a motion to...
RAS Move that we grandfather the people that are in the positions on committees and commissions until
their time is up, and when their time is up if they don't live in the City of Palm Desert, they're gone.
JMB Second.
JF What happened there?
RSK I thought you said you had three votes.
JF I wasn't in the majority.
SRG The motion is defeated by a 3-2 vote with Councilmembers Crites, Kelly, and Ferguson voting no.
JF Well, that'll surprise you.
RAS Okay.
SRG Well, back to the letters.
JF Well, glad I could clarify that for everyone. I was not in support of grandfathering them in from
the beginning. I thought you and Buford and Bob were, and that's who I thought the three votes
were.
JMB Well, I thought it was you and Bob. I knew Buford was never for it.
BAC Well, in that case, then, our last action remains in which we compromised by sending a letter
saying...
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JMB Asking them if they would...
BAC ...if they would consider, you know, but again making sure that we're not asking for their
resignation.
SRG We'll draft a letter and make sure that each of you sees it before we do it.
RSK We just voted not to grandfather them in.
JF Right.
BAC Well, I'll tell you...
RSK (unclear)
BAC No, you need three votes for that, too.
RAS Make a motion like that and see what happens.
JF What...I feel like Alice in Wonderland... what was the effect of the vote we took in December that
was unanimous? Was that ever reduced to a resolution and...
SRG No. It was to come back to you in the form of a resolution which would have rescinded the first
one, but in between Mayor Benson asked me to send out a memo to you from her asking you to
reconsider that because she felt the people had served a lot of time and just asking them to leave like
that was going back on our word. And so, that particular resolution was sort of held in limbo until
that decision was made.
JF And did we just by voting reconsider what Mayor Benson wanted us to reconsider?
JMB Right, and turned it down. So we're back to the letter, to sending the alternate, and the alternate was
acceptable to everybody, to ask...
JF I would like to move to reconsider our previous vote.
BAC On?
JF What we just voted on.
RSK Let's see, you voted...
JF I voted no.
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RSK ...the winning side.
RAS In other words, you want to reconsider...
JF Reconsider the vote that we just voted on.
RAS To grandfather those people that are on the committees and commissions until their tenure is up...
JF Right.
RAS ...and at that point they are off.
JF Right.
RAS Alright, I'll move it again.
SRG Second it, right?
JF I moved it, you seconded it.
RAS Alright.
RSK That when their term is up, they're off and there's no special dispensation.
JF Right. In other words, the nine or ten people get to serve one or two more years, and then when
they're off, nobody but residents can be on.
RAS Can we add that they get a clock?
SRG No.
JF I don't call special dispensation. I think that they are...I would like to have a clause in there that if
there is nobody that is in the City that can fill a position requiring expertise and skill, that we have
the ability to go outside...
RAS We can always do that.
BAC No, that clause is in there.
JF Well, he just asked me if my motion would get rid of it, and I'm reluctant to do that. Mine is just
for grandfathering in that nine or ten people.
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BAC So does that suggest that you're changing your vote?
JF I am going to change my vote.
BAC Oh, okay.
JF I think it's the cleanest way to resolve this issue.
JMB Okay, please vote.
SRG The motion carries by a 3-2 vote, with Councilman Kelly and Councilman Crites... Crites is
abstaining and Kelly is voting no.
JF So it's a 3-1-1.
SRG 3-1-1. We have three affirmative votes. So it's a 3-1-1 vote, with Councilman Kelly voting not and
Councilman Crites abstaining.
BAC Yes, I wasn't sure which way... never mind... which way got me where I wanted to be, so it's fme.
But I do have a suggestion, and that's that the City Clerk make a transcript of this available to us
anytime we're thinking about televising Council meetings.
SRG We'd be very happy to do that.
JMB So now we're going to adjourn to Closed Session.
BAC So now they're going to serve out their terms, right?
JMB Right.
JF No letters, they just fill out their terms like they...
JMB And if anybody misses the meetings, do whatever the normal procedure is.
SRG So the resolution adopted about a year ago stands.
JMB Right.
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JF And our action of December is rescinded.
RSK But let me ask a question now. We have folks down there...and the reason we're in this...some of
those people are on there and don't live here is because they moved. Do we have anything that takes
care of that now, a person is now appointed and moves...
JMB We should look at that in the...
SRG No, we don't.
RSK That should be included in there that when you move you're not on there any more so we know...
BAC It's an automatic withdrawal.
RAS You want to add that to the discussion?
RSK I'll make a motion that that's in there.
SRG To amend the current resolution to include this.
RSK Include that when the folks move...
JF Whenever your status becomes non-resident, you're removed from the committee.
RSK Did somebody second that?
RAS Yes.
JMB Okay, please vote on that.
SRG The motion carries by unanimous vote.
RAS And then that needs to be on each agenda so that all of the people on all of the committees and
commissions know.
SRG Right.
BAC Where does that leave us with Architectural Review?
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JF I'm glad you brought that up. Are we going to expand it and keep it at five with two alternates or...
BAC What we now have done is we have had through this process had the ability to add...our new blood
is the second alternate...
JF Mr. Gittelson, right?
BAC Right. The odds of that having any real impact are pretty...
RAS Slim.
RSK We've still got a couple in there that should (unclear)
RAS They're going to the customer service training.
3MB If we're going to discuss the Architectural Review part of it, don't we need to add that or do we want
to put that in....
BAC Only if we're going to have a vote, right?
DJE Technically, if you want to discuss it you should. I guess it's really not a violation unless you make
a decision.
RSK Comment. The Planning Commission, they have to be a resident, and if they move they're off.
That's always been that way, so we have had a commission that is different from the rest of our
committees and commissions. Is there a problem with making certain commissions more stringent
than others?
JMB Well, that will happen automatically as the ones go off. They'll all be from Palm Desert.
RAS I have a question, and I guess, Ray, you could probably answer it better than anybody else. Right
now we have a five -man Architectural Review Commission.
RAD Yes.
JMB Five and two alternates.
RAS Two alternates. If it was a seven -man committee, would that be unwieldy?
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RAD It would not be what I would prefer. The reason...in 1980, we had seven, so I guess in answer to
your question in terms of my thought process, yes, it would be.
RAS Because we don't attend those meetings.
RAD For this reason... you increase the number of people that need to be there for a quorum, and that
could cause a problem.
RAS Okay.
RAD Which is why we went from seven to five.
RAS Five with two alternates.
RAD Right. The two alternates, then, can vote...
RSK But they don't have to be included in the quorum.
RAD That's correct.
JMB And we have one vacancy as an alternate right now, right?
RAS We have two people...
JF Well, silly point, but don't we establish what a quorum is?
JMB What?
JF Don't we establish what a quorum is. Couldn't we leave a quorum as currently constituted and
expand the committee to seven.
RSK If we make the quorum three (unclear)
JF Exactly. It's not a matter of Federal law, I mean, it's whatever we want it to be.
RAD No, but...then you're getting into the bylaws of the committee, and the bylaws of almost every
committee is that they go by Roberts Rules which, I believe, indicate that a quorum is a majority.
But if we want to change that, we can.
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JF Well, I think Councilman Crites' point, and I certainly share it, is that we have got a very talented
new member to go on Architectural Review that I would like to see participate in a meaningful way,
and somehow being the number two alternate doesn't much guarantee that.
RSK I agree with you.
RAD May I ask a question, please. In 1981/82, in that period of time, we had an Architectural
Commissioner, I forget his first name, Mr. Barton, and when he moved out of the City because he
became widowed and was married to a resident of Rancho Mirage, he moved out of the City, and
he had to leave the Architectural Commission. I thought...
RAS Do we have anybody on the Architectural Review Commission...
RSK That's the same process as the Planning Commission where they're approving projects, it is vital...
BAC Why don't we ask staff to take a look at that between now and our meeting a week from Thursday.
JMB Was Barton on the Architectural Review?
— RAD Yes.
JMB I know he moved to Rancho Mirage.
RAD Right, and when he did he left the Architectural Commission.
JMB Well, maybe that's in there...
RSK We may already have a policy set.
RAD It may be there.
JF Is there a parallel with a current member of the Architectural Review Commission?
BAC Maybe we should ask Carlos for his point of view on this.
RAD (unclear) just moved out of the City.
BAC Who?
RAD Commissioner Urrutia apparently moved out of the City.
17
MINUTES
ADJOURNED JOINT MEETING OF 'TIE
PALM DESERT CITY COUNCIL AND
PALM DESERT REDEVELOPMENT AGENCY FEBRUARY 17, 1998
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
SRG He's the only one who lives outside the City.
RAD ...who lives outside the City.
JF Well, I don't know how the two are related.
RAD There may be a requirement now in the Architectural Commission...
JMB ...supposed to live in the City and have never been...
BAC Enforced.
RAD It's possible.
JMB Find that out.
BAC Let's let staff do that. If that's the case, that would...
RSK ...solve the problem.
RAS The problem is if they've lived outside the City for "x° number of years...
JMB Well, in reviewing all the committee and commission assignments, it's easierto explain that you
overlooked something, and this was picked up at that time since we've done all of this now.
RAS Yes.
BAC Yes, and I think Dick's comment is well -taken. This is closer to an approval kind of process than
most of the other committees that serve.
JMB Right, and it (unclear) Okay, now is that satisfied so that we now can go to Closed Session?
RAS That will be added to our Agenda?
SRG It will be.
RAS Okay.
18
MINUTES
ADJOURNED JOINT MEETING OF THE
PALM DESERT CITY COUNCIL AND
PALM DESERT REDEVELOPMENT AGENCY FEBRUARY 17, 1998
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V. ADJOURNMENT
Upon motion by Crites, second by Ferguson, and unanimous vote of the City Council/Agency Board,
Mayor/Chairman Benson adjourned the meeting at 2:05 p.m. to Closed Session for discussion of the following
items:
Public Employment pursuant to Government Code Section 54957:
Titles of Positions: City Manager, City Clerk, City Attorney, and
Redevelopment Agency Executive Director
With concurrence of the City Council/Agency Board, Mayor/Chairman Benson adjourned the
meeting at 3:35 p.m.
M. BENSON, MAYOR/CHAIRMAN
ATTEST:
SHEILA R. GILLIGAN, �I'1J(' CLERK/AGENCY SECRETARY
CITY OF PALM DESER ALM DESERT
REDEVELOPMENT AGENCY
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