HomeMy WebLinkAbout2008-02-14MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, FEBRUARY 14, 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 3:03 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
Stephen Y. Aryan, Assistant to the City Manager
Rachelle D. Klassen, City Clerk
Bo Chen, City Engineer
Russell Grance, Director of Building & Safety
Lauri Aylaian, Director of Community Development
Patrick Conlon, Director of the Office of Energy Management
Paul S. Gibson, Director of Finance/City Treasurer
Janet M. Moore, Director of Housing
Mark Greenwood, Director of Public Works
David Yrigoyen, Director of Redevelopment & Housing
Frankie Riddle, Director of Special Programs
Steve Brooker, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire
Frank Taylor, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept.
Grace L. Mendoza, Deputy City Clerk
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
None
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2008
IV. ADJOURN TO CLOSED SESSION
Reauest for Closed Session:
Conference with Legal Counsel regarding existing litigation pursuant to
Govemment Code Section 54956.9(a):
a) Indian Springs, LTD., v. City of Palm Desert, et al., Riverside County
Superior Court, Case No. INC053903
Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(b):
Number of potential cases: 2
Mr. Erwin announced that there were a couple of items for the City Council to
consider adding to their Closed Session agenda by a four -fifths vote:
Conference with Labor Negotiator pursuant to Government Code
Section 54957.6:
Negotiating Party: Carlos L. Ortega/City of Palm Desert
Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: Parcels A & B of the North Half of the Northeast Quarter
Section 8, Township 5 South, Range 6 East (Villa Portofino)
Negotiating Parties:
Agency: Carlos L. Ortega/City of Palm Desert
Property Owner: Royce International
Under Negotiation: x Price x Terms of Payment
Upon a motion by Spiegel, second by Ferguson, and unanimous vote of the City
Council, the two aforementioned Closed Session items were added to the agenda.
With City Council concurrence, Mayor Benson adjourned the meeting to Closed
Session at 3:04 p.m. She reconvened the meeting at 4:02 p.m.
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
None
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2008
VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE
UNITED STATES OF AMERICA - Councilman Richard S. Kelly
VII. INVOCATION - Councilmember Cindy Finerty
VIII. ORAL COMMUNICATIONS - B
MR. PAUL WROBEL, Minneapolis, MN, stated he'd just arrived in Palm Desert on
a Friday evening for a month's vacation, as he's done several times before. The
following day he went to Ralphs Grocery Store, where his valid credit card was
rejected for the purchase he was attempting to make there. He spoke with the store
manager, who explained that because Mr. Wrobel was visiting from another state,
their in-store policy stops information on the card if there is any suspicion of fraud.
He immediately checked with his credit card company, which confirmed that his
card was valid; however, the transaction had never been sent through their Visa
network. He asked for the City Council's assistance in rectifying this situation for
him, as well as for other Palm Desert visitors.
Mayor Benson responded that the City did have an Economic
Development/Business Support Department that she would refer the matter to for
review. She asked Mr. Wrobel to leave his local contact information with the City
Clerk.
MR. PETER KIDMAN, resident of Canterra Apartments adjacent to the Palm Desert
Soccer Park, said he'd lived there since the Apartments opened and greatly enjoyed
it, including a wonderful view of the well -used Park. He came forward to express
concern over the increasing amount of vandalism being experienced in his complex
in the last two years. In just one corner group of eight apartments, five of the
residents have had grapefruit thrown at the building, potatoes through windows, and
one man came out to find another removing a duffle bag from his Jeep; the fire
alarm has been pulled without explanation, and he personally had suffered $834.27
worth of vandalism to his car. In three instances, they were aware that people had
come over the wall from the Park. He had written to the City Manager about the
situation, and he hoped his letter would be referred appropriately. He noted his
concern was that the Park was totally dark from before midnight each night until
5:00 a.m. the next morning, not even perimeter lights; and of the perimeter lights
that are there, their starters frequently do not work. He requested some light for the
Park at night; it may help with security for the adjacent apartments. He felt several
of his neighbors would have also come to make the request today, but he was the
only one free to do so at this time.
Mayor Benson offered that staff would look into the request. Mr. Ortega added that
he had received Mr. Kidman's letter, and staff was already following up on it.
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MS. JOANNA WALLS, Palm Desert, spoke to the City Council about her concerns
over the Primary Election voting on Tuesday, February 5. She noted she'd been an
election inspector/supervisor for 14 years with a precinct of 2,512 voters. In 2000,
they'd been trained with the electronic machines, and she realized that was a bone
of contention with many. But she felt it was good training, and she didn't know
where the tampering idea was generated; there were three checks: 1) The roster
with signature; 2) the paper trail of the voting; 3) the cassette in the back of the
machine. She said paper -ballot voting was not the answer, and it effectively turned
back the clock 20 years, comparing the current paper ballot system of drawing a line
across to a 1st grader's activity. She believed voting by electronic machines was
productive and efficient, and poll workers were home within 14 hours of beginning
of their day; on Election Day she could close out the 1,000 people in her precinct
who voted electronically in 15 minutes. On February 5, she said it took 16 hours,
with none of the poll workers (who were all senior citizens) getting home before
10:30 p.m. She feared that she and the six well -trained associates she's worked
so closely with in the past would not return to work in upcoming elections. She
related that their ballot box was so full that they had to keep shaking it down
throughout the day; then they had to dump the contents out onto the floor and
reassemble the large number of voted ballots into a shoebox-sized container, and
they had to wrap it in a plastic grocery bag with masking tape —she felt if there was
ever any opportunity to tamper, this would be where it would occur. Further, she
was aware of significant problems at precincts in both Palm Springs and Thousand
Palms, and a precinct in Sun City was reported to have opened their ballot box
several times during the day to retrieve ballot voting sleeves that were inserted by
accident —tampering was certainly possible with that kind of procedure. Additionally,
the rosters were a problem, with voters' party affiliation being incorrect in several
instances, causing her precinct to have 51 provisional voters and 25 applications
to re -register. She questioned whether the chaos came from Sacramento or from
Riverside County, imploring the City Council to exert whatever influence it could to
improve the process. She said the workers she volunteered with could not stand
to work 14-16 hours, sorting ballots on the floor without sufficient means to provide
for all the complications that resulted, including no containers for provisional or
spoiled ballots. Electronic voting allowed someone to walk up, insert the card in the
machine, vote, and walk away in seconds; whereas, she had to have two of her
workers instructing voters on how to draw the line. She related that voters in her
precinct ranged in age from 60-98 years, with a high percentage turnout, and she
was always proud to be a part of them. In the upcoming Presidential Election in
November, she feared the worst and reiterated her plea to the City Council to do
whatever it could about paper voting; she couldn't handle it.
Councilman Ferguson noted he agreed with everything Ms. Walls said. After voting
for the last 30 years, he said he has the least confidence he's ever had in his vote
by uravvir iy uric srnaii line oil ii re cui rerii paper ballut, acknowledging this sentiment
would probably drive the conspiracy theorists crazy. He, too, felt it was awful in the
last Primary Election, and he couldn't imagine what it would be like in the General
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2008
Election when the turnout would double. The only offer he could make at this time
was to ask the City Clerk to transmit these Minutes with Ms. Walls' comments to the
Riverside County Registrar of Voters, who can then transmit them to the Secretary
of State, and at least her concerns will be registered.
MS. WALLS concurred it was very serious and some good, honest, devoted
workers would be lost over reverting back to the paper ballot system; it was too
tiring. It was confusion with the roster in her precinct that caused the most problem.
Otherwise, her workers were very knowledgeable, coordinated, and efficient. Lastly,
she was disconcerted that three poll watchers specifically monitored her precinct
from before the workers arrived at 6:00 a.m., all day long, including following her car
to the Palm Desert Library Collection Center at 10:30 p.m. She'd never
experienced such extreme scrutiny in her 14 years of volunteering to work the
election. In the past, they'd merely checked in and out throughout the day to review
the street indexes as a means to get out the vote, which was certainly within their
right.
Mayor Benson thanked Ms. Walls for her comments and agreed that they would be
forwarded to the County Registrar to see what improvements could be made before
November.
MS. WALLS noted she'd sent a three -page letter describing her February 5
experience to Secretary of State Debra Bowen.
Mayor Benson further extended appreciation to Ms. Walls for her 14 years of
dedication to the democratic process.
LT. FRANK TAYLOR, Assistant Palm Desert Chief of Police, noted during the
current fiscal year, the City Council graciously authorized adding a member to the
Palm Desert Police Department. He formally introduced Palm Desert's new K9
Team, Officer Steve Rivera and Van Snapp, who's been in training for the last
month and is now out in the field protecting the City. He added that in an hour and
a half one afternoon this week, Officer Van Snapp visited City Hall and was
personally introduced to all officials and staff, with his social skills being well
received.
Mayor Benson commented that the Palm Desert Chamber of Commerce Breakfast
audience was very impressed with his appearance in January, and everyone was
glad to have him on duty.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2008
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. INTRODUCTION OF THE NEW SUPERINTENDENT OF SCHOOLS FOR
DESERT SANDS UNIFIED SCHOOL DISTRICT, DR. SHARON McGEHEE.
Dr. McGehee introduced herself to the City Council, adding that she was
pleased to be able to serve the Desert Sands Unified School District and the
cities it serves. She appreciated the warm welcome that's been extended
to her and said they would do everything within their power to educate
Palm Desert's youth so that they can be happy and productive members that
are able to give back to their community. She offered that if there was
anything the School District could do for the City Council, they should not
hesitate to ask.
B. PRESENTATION TO RECOGNIZE DANIEL BARNES FOR HIS SERVICE
TO THE CITY OF PALM DESERT AND ITS PARKS & RECREATION
COMMISSION.
Mr. Bames was unable to be present at the meeting for this recognition, and
the item would be forwarded to him.
C. PRESENTATION TO RECOGNIZE CHIEF DEPUTY STEVE THETFORD
FOR HIS DEDICATION AND SERVICE TO THE CITY OF PALM DESERT.
On behalf of the entire City Council, Mayor Benson presented an engraved
plaque to Chief Deputy Thetford, expressing heartfelt appreciation for his
tenure with the City's Police Department and congratulating him on his
promotion to Chief Deputy with the Riverside County Sheriffs Department.
She said it was bittersweet to lose a valued member of Palm Desert's team
to a higher position, when each one added another layer of value to the
programs and services provided by the City then moved on to higher callings.
Chief Thetford responded that he would consider the City of Palm Desert as
his home station forever. He greatly valued the experience gained during his
time there as patrol officer, bicycle officer, Lieutenant, and Captain. He, too,
had bittersweet feelings about leaving but was confident the City was being
left in the great hands of the staff that worked in the Palm Desert Station of
the Sheriffs Department, adding that people rise through the ranks here
because of the tutelage received from City Council and staff that would
certainly serve him well long into the future. He treasured the opportunity
he'd been given to work in Palm Desert
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D. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT/
PALM DESERT REDEVELOPMENT AGENCY EMPLOYEES FOR
EXCEPTIONAL SERVICE - JANUARY 2008.
On behalf of the entire City Council, Mayor Benson and Mr. Ortega honored
the following employees for their outstanding service. He went on to say one
of the attributes most valued within the City is teamwork, and many of the
honorees today were being recognized accordingly. He introduced
Carol Brantley, Sharon Christiansen, Clay von Helf, Paul Gibson,
Luis Espinoza, Barbara Wright, Diana Leal, Joe Pudis, Darin Wilcox,
Danny Crawford, Terry Cechin, Ron Tucker, and Dave Salas.
E. APPOINTMENTS TO VARIOUS VACANCIES ON THE CITY'S STANDING
COMMITTEES AND COMMISSIONS.
Councilman Kelly commented that Mr. Jim Zeltner had called earlier today
to advise that he would be unable to accept an appointment to the Marketing
Committee at this time. He went on to say that one of the reasons City
Council was considering him and considering expanding membership of the
Marketing Committee to nine was to provide for representation from a small
hotel, as he manages the Courtyard by Marriott in Palm Desert. Councilman
Kelly added that because small hotels were such an important part of the
City's hotel tax base, he felt it was very important to have such a
representative and hoped that the motion would include adoption of the
resolution to expand Marketing Committee membership, then find the right
person to fill that position.
Councilmember Finerty moved to 1) Waive further reading and adopt Resolution
No. 08-09, increasing membership on the Palm Desert Marketing Committee to no more
than nine (9) members; 2) By Minute Motion, appoint the following applicants to the
respective Committees and Commissions, as indicated: a) Don Graybill from Alternate to
regular appointment on the Historic Preservation Committee to fill the unexpired term of
Bonnie Bowie (12/31/08): b) Donna Ahrens Lewis to the Housing Commission to fill the
unexpired term of Lawrence Saindon (12/31/10); c) Marilyn Hahn to the Library Promotion
Committee to fill the unexpired term of Jim Ron (12/31/08); d) Brent Wise to fill the
unexpired term of Norine Bowen (12/31/10) on the Marketing Committee; e) Deborah Hall
to the Parks & Recreation Commission to fill the unexpired term of David Garcia
(12/31/08); f) Kim Housken to the Parks & Recreation Commission to fill the vacancy of
Dan Barnes (12/31/11) while retaining her membership on the Historic Preservation
Committee; 3) By Minute Motion, recommend Rolf Hoehn as the City of Palm Desert's
representative on the Palm Springs International Airport Commission to be appointed by
the Palm Springs City Council to fill the unexpired term of William Bizzell (06/30/09).
Councilmember Finerty stated she added the appointment of
Mrs. Kim Housken to the Parks & Recreation Commission to fill the vacancy
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created by Dan Barnes. She said Mr. Housken was a teacher with Desert
Sands Unified School District and was a volunteer coach with a physical
education background. Their two children, ages 12 and 14, utilized all Palm
Desert fields for softball, baseball, tennis, and soccer; they lived near
Ironwood Park and also used Palm Desert's hiking trails.
Mayor Pro Tem Spiegel agreed she would be a good addition to the Parks &
Recreation Commission, but she was already on the Historic Preservation
Committee. He said he'd hate to see her leave the Historic Preservation
Committee because she was a strong member.
Councilmember Finerty responded she once served on Economic
Development, Desert Willow, and Project Area 4 all at the same time and
didn't see why Mrs. Housken couldn't do both. Responding to comment
about a policy that prohibited members from serving on two City boards, she
said she would defer the question to the City Attorney, because it was
Mrs. Housken's preference to serve on the Parks & Recreation Commission
per an e-mail sent to the City Clerk.
Councilman Ferguson stated he also would like to see Mrs. Housken on the
Parks & Recreation Committee because he felt she could shake things up
and provide a difference of opinion. He said the Historic Preservation
Committee's future was uncertain and felt there was a fundamental divide in
philosophies brewing there. He would be willing to take Mrs. Housken off the
Historic Preservation Committee in order for her to serve on the Parks &
Recreation Commission. He said he served on six committees with the City
of Palm Desert and wasn't aware of any policy prohibiting members from
serving on more than one City board.
Mayor Benson suggested appointing Mrs. Housken to the Parks &
Recreation Commission and leaving her on the Historical Preservation
Committee for the time being until a replacement was found.
Mr. Erwin stated he was not aware of any policy that would prohibit serving
on two committee/commissions.
Motion was seconded by Benson, and it carried by a 5-0 vote.
F. APPOINTMENT TO THE BOARD OF DIRECTORS FOR THE EL PASEO
BUSINESS IMPROVEMENT DISTRICT.
Councilman Ferguson moved to, by Minute Motion, appoint Susan Stauber to the
Board of Directors for the Ei Paseo Business improvement District. Motion was seconded
by Finerty and carried by a 5-0 vote.
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G. APPOINTMENT TO THE PALM DESERT YOUTH COMMITTEE. •
Mayor Pro Tem Spiegel moved to, by Minute Motion, appoint Antonia Gutierrez to
the Palm Desert Youth Committee to fill the current vacancy - term expiration December
31, 2008. Motion was seconded by Ferguson and carried by a 5-0 vote.
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of January 24, 2008.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 168, 169, 174, and 178.
Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Omri Go Med.,
73-675 Highway 111, Palm Desert.
Rec: Receive and file.
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Grill A Burger,
73-091 Country Club Drive, #A2, Palm Desert.
Rec: Receive and file.
E. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1) Historic Preservation Committee Meeting of October 30, 2007
2) Parks & Recreation Commission Meeting of November 20, 2007,
December 4, 2007, and December 18, 2007.
Rec: Receive and file.
F. REQUEST FOR DECLARATION of Surplus Property and Authorization for
Appropriate Disposal (Two City -owned, aged BMW Police Motorcycles).
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
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G. REQUEST FOR DECLARATION of Surplus Property and Authorization for
Appropriate Disposal (Video Boxes, Microphone, and Camera).
Rec: By Minute Motion, declare items listed on the accompanying staff
report (Exhibit "A") as surplus property and authorize its disposal.
H. REQUEST FOR RATIFICATION of the City Manager's Approval of
Out -of -State Travel for Capital Improvement Program Technician.
Rec: By Minute Motion, ratify the City Manager's authorization for the
Capital Improvement Technician to travel outside the state to attend
the "Public Works Project Management Bootcamp" training in Mesa,
Arizona, February 7-8, 2008. Funds are available in Account No. 110-
4300-413-3120.
I. REQUEST FOR APPROVAL of Maintenance Agreement with Amtech
Elevator Services for the Elevator at the Maintenance Services Facility
(Contract No. C27260).
Rec: By Minute Motion, approve Maintenance Agreement in the amount of
$2,640 per year with Amtech Elevator Services, Anaheim, California,
for the elevator at the Maintenance Services Facility and authorize the
City Manager to execute the agreement. Funds are available in
Account No. 110-4330-413-3310.
J. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C26030B for
Design, Manufacturing, and Installation of Bus Shelters at Westfield (All
Purpose Manufacturing, Inc., Oceanside, CA).
Rec: By Minute Motion, accept the work as complete and authorize the City
Clerk to file a Notice of Completion for the subject project.
K. REQUEST FOR APPROVAL of Parcel Map No. 35741 (The Evans
Company, Applicant).
Rec: Waive further reading and adopt Resolution No. 08-10, approving the
map of Parcel Map No. 35741.
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L. REQUEST FOR AUTHORIZATION for the Director of Public Works to
Submit an Application for Proposition 1B Funds for a Pavement
Rehabilitation Project on Country Club Drive.
Rec: By Minute Motion, authorize the Director of Public Works to submit an
application to the State Department of Finance for Proposition 1 B
Funds in the amount of $800,277 for a Pavement Rehabilitation
Project on Country Club Drive.
M. REPORT on Housing Element Update as Required by the State of California.
Rec: Receive and file.
Councilman Ferguson asked that Item F be removed for separate
consideration under Section XI, Consent Items Held Over.
Upon motion by Spiegel, second by Ferguson, and a 5-0 vote of the City Council,
the remainder of the Consent Calendar was approved as presented.
XI. CONSENT ITEMS HELD OVER
F. REQUEST FOR DECLARATION of Surplus Property and Authorization for
Appropriate Disposal (Two City -owned, aged BMW Police Motorcycles).
Councilman Ferguson stated first, he couldn't find the original purchase price
of the BMW Motorcycles anywhere in the staff report for comparison.
Secondly, he understood the City went from BMW Motorcycles to Honda
Motorcycles because the cost of repairing them was outrageous and
geographically undesirable. Thirdly, he asked why the City was selling back
the motorcycles to the very company that provided the outrageous prices to
repair them, which was indicated as part of the justification to do so.
Lt. Frank Taylor responded he wasn't sure where the motorcycles were
originally purchased. Further responding, he believed the original purchase
price of the motorcycles was approximately $13,000 each. Responding to the
comment that the cost was more like $30,000, he explained the new Honda
motorcycles with all new ancillary equipment attached to them was about
$30,000. Further responding, he said the name of the company that
previously provided repairs was Malcom Smith Motor Works in Riverside,
and the company wanting to purchase them from the City was Brown Motor
Works from Pomona, two different companies. He went on to say the new
Hondas were serviced at Desert Cities Motor Sports in Thousand Palms,
which was providing better service.
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Councilman Ferguson moved to, by Minute Motion, declare items listed on the
accompanying staff report (Exhibit "A") as surplus property and authorize its disposal.
Motion was seconded by Finerty and carried by a 5-0 vote.
XII. RESOLUTIONS
A. RESOLUTION NO. 08-11 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING FISCAL YEAR
2007-2008 BUDGET AS A RESULT OF MID -YEAR ADJUSTMENTS.
Councilmember Finerty noted that for the past six months, nine vacant
deputy positions attributed to a budget decrease of $369,108. She asked
when those positions were anticipated to be filled.
Lt. Frank Taylor responded five trainees had started work this past week and
was anticipating another group at the end of this five -month period, with
another group at the end of this fiscal year. Further responding, he said the
five trainees went on to a four -month training and believed the next Academy
would be done within the same time frame. Further responding, he couldn't
confirm that all vacancies would be filled by June because of all the
promotions that had taken place. He said Chief Thetford was promoted and
others who did well working for the City of Palm Desert moved up in the
promotional process. He said he lost several officers, but still throughout the
whole County, his Department was not heavily affected. He anticipated
things to move up in the near future.
Councilman Kelly asked if there were other ways to backfill those positions.
Lt. Taylor explained that a certain amount of positions were supported from
the patrol contingent or backfilled with overtime. Further responding, he said
innovative approaches had been implemented by placing two officers in a
plain car at night, working approximately 5:00 p.m. to 2:00 a.m., and
specifically addressing certain issues. On a regular weekly basis, crime
trends were analyzed with the information given to this unit. He said the City
had two primary areas, one in the south end of Palm Desert, where there
had been an influx of car burglaries, and at the east end of Palm Desert,
where there had been drug scenes at some of the hotels.
Councilman Kelly stated the City contracted with the Department for a certain
number of hours, and it was disconcerting to learn by reading the mid -year
adjustment report that the City was nine deputies short.
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Lt. Taylor explained that before an officer was able to go out on the street to
fill a vacancy, a candidate went through a nine -month process from when the
hiring occurred; five months at the Academy and four months of training. In
the meantime, the Department used overtime and innovative approaches to
address the vacancy situation.
Councilman Ferguson stated he was willing to move approval on this item,
with the exception of the $230,000 legal expenses. He said $230,000 was
almost the same amount as the City's annual retainer, and the amounts
doubled in Tess than six months for the three items listed in the staff report.
One of which was handled by Richards, Watson & Gershon on the Indian
Springs Mobile Home Park; there was zero activity on County billboards, and
with regards to employee -related matters, he couldn't justify the $230,000.
He noted that he received copies of the City's legal expenses every month,
and he felt the amount was totally out of line with bills he's reviewed or his
recollection of what's been discussed in Closed Session in the past six
months.
Finance Director Paul Gibson explained the $230,000 was an estimate for
the remainder of the year, and when the City Attorney's contract was revised,
instead of increasing the retainer budget, funds were shifted from that
account to this one, causing the line item to increase.
Councilman Ferguson stated he would like to review the back-up
documentation rather than just go from a line item in a memo. His other
concern about the Police Department being understaffed was already
addressed by his colleagues.
Councilman Ferguson moved to waive further reading and adopt Resolution
No. 08-11 as amended, deferring the $230,000 line item for Legal Services to the meeting
of February 28, 2008. Motion was seconded by Spiegel and carried by a 5-0 vote.
XIII. ORDINANCES
For Introduction:
None
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2008
For Adoption:
A. ORDINANCE NO. 1151 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, TO ESTABLISH A LOCAL
DEVELOPMENT MITIGATION FEE FOR FUNDING THE PRESERVATION
OF NATURAL ECOSYSTEM IN ACCORDANCE WITH THE COACHELLA
VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN
(CVMSHCP).
Mayor Pro Tem Spiegel stated all Desert cities were doing the same
because it was part of the Agreement.
Councilman Ferguson stated he would be abstaining on this matter due to
a legal conflict or an appearance of one.
Mayor Pro Tem Spiegel moved to waive further reading and adopt Ordinance
No. 1151. Motion was seconded by Kelly and carried by a 4-0-1 vote, with Ferguson
ABSTAINING.
XIV. NEW BUSINESS
A. REQUEST FOR AUTHORIZATION OF UPDATE OF TITLE 25 (ZONING)
OF THE PALM DESERT MUNICIPAL CODE TO REFLECT THE 2004
UPDATE OF THE CITY OF PALM DESERT GENERAL PLAN.
Following is a verbatim transcript of the subject item of business.
Key
JMB Jean M. Benson, Mayor
RAS Robert A. Spiegel, Mayor Pro Tem
LA Lauri Aylaian, Director of Community Development
JF Jim Ferguson, Councilman
CF Cindy Finerty, Councilmember
RSK Richard S. Kelly, Councilman
RDK Rachelle D. Klassen, City Clerk
JMB Next is New Business, "Request for Authorization of Update Title 25 (Zoning) of the
Palm Desert Municipal Code to Reflect the 2004 Update of the City's Palm Desert
General Plan."
RAS And in talking to our Planning Department, I understand this is mandatory by the
atate
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2008
LA Yes it is. There is a State law required that the update be performed to keep these
Ordinances in agreement with the General Plan.
JF Well let's break this down. We've got one, two, three different items. Which of
those three are required by State, and which are being requested of us by staff?
LA You're referring to the recommendation has three items?
JF Well we spent three years of re...coming up with a Comprehensive General Plan
Amendment, and are you saying that State law now requires us three years later to
redo that process all over again?
LA No. I'm sorry. State law requires that the Zoning Ordinance be updated within, they
say, a reasonable amount time.
JF A year I think it is.
LA It says a reasonable amount of time...
JF Okay.
LA ...of the update of the General Plan.
JF And we haven't done that? But number one isn't asking us to do it, number one is
asking us to reaffirm the General Plan?
LA Yes.
JF Is there some doubt about our General Plan?
LA I believe that there is.
JF Okay.
LA I believe there is some reluctance to update the Zoning Ordinance and that, that
reflects a Tess than unanimous commitment to the Land Use Element of the General
Plan.
JF Okay.
CF And I could probably explain my opposition to...the Land Use Element, and it has
to do with the General Plan in the north sphere. The High Density Overlay
Zone...I'm opposed to. Therefore, I'm not in favor of spending $150,000 to basically
condone that high density out...by doing this Zoning Ordinance. So my suggestion
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2008
would be that we have...direct staff to prepare a General Plan Amendment and to
lower the density out in the north sphere.
RSK I agree. What do you think of that?
CF Wow! (Laughter)
JF Well I, I disagree. So maybe that's a double precedent. I'm just unwilling to undo
what we spent three years involving hundred of people doing, and we reached a
very delicate compromise that said we'd take it as it went, project by project. And
maybe the reluctance has been too much high -density projects had been brought
to us and not enough medium- and low -density projects, but there was a balance
there. And I understand democracy, and I understand the Council's different now,
but I just— to all those hundreds of people that spent all those hours on this and all
the money we spent on it, to just toss it out the window for no particular good reason
other than philosophy at this point, just seems a waste of time and money and a
kind of a slap in the face to the people that worked on it.
RAS I think there's another problem, and that is with people that own the land have...
JF Rely.
RAS ...looked at our General Plan, and they are making plans based on our General
Plan, and all of a sudden we're gonna' throw it out. I don't think that would be a
good thing.
JMB Well...and I agree with Jim, we went through this over and over again, and the
compromise at the time that we passed it was that we would look at individual
projects and not do it in one (unclear). I can't see changing that again. That was
a long hard process, and we still have the discretion of cutting down the density on
the projects, so...
CF It was a long hard process. I agree. I was there through all of it. However,
everything that's come to us, we have just been inundated with high -density
projects.
JMB And we've turned a lot of them down.
CF There's a lot of them going on, and I'm really concerned that we have way too much
high density in the north sphere.
JF Well perhaps then, without spending $150,000 to do so, we could reaffirm that that
was a compromise, and that was nleani to be a udiance, and we would like to see
some more medium- and low -density projects. I do agree that we have to conform
our Zoning Ordinance, and I do believe it's a reasonable time. There is a statute
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2008
that says that if it's not done within a year, your Zoning Ordinance is invalid, that we
conform it to the General Plan and spend the money doing what we said we were
gonna' do three years ago. And as Councilman Spiegel pointed out— Mayor Pro
Tem Spiegel pointed out...
RSK I'd like a chance to speak also.
JF Sure. Lots of people have relied on that and there was a balance, and it was
intended to allow some flexibility with our housing members and a whole bunch of
other things. And just because somebody doesn't like density now, after the fact,
to me just seems to be a big subversion of the process.
CF Just to be clear, I didn't like the density before the fact.
RSK I'm gonna' get my balloon back.
JMB Go ahead. Get your balloon back.
RAS You got it.
RSK I just want to make my point clear when I said I agreed with Councilmember Finerty.
I agreed that density was too high in the north sphere. That's what I agreed with.
concur that we went through the whole process. It doesn't seem to me that it's
been two years ago...
JMB Yes it has.
RSK ...that we finished the General Plan. I, I was very much in favor of a lower density
than we did in the north sphere...it was, as I remember, it was a big battle and finally
we made a compromise, and I felt, well I lost, but I lost...but we did it...and we did
agree to take in it, it every— each individual project as it came along and deal with
what the density should be and that way we could also keep track of how the
density was going. And I think everybody knows right now all the projects that have
been approved have been high -density. So therefore, we as a Council...things we
can adjust as it goes along. Right now, the adjustment seems to me, we need to
approve projects that are lower density before we approve any more high -density
projects. So to me...l don't think this is something that needs to be done.
JF Is that sufficient clarity from the members of Council?
LA Thank you, but no. I would like to point out that the update of the Zoning Ordinance
really gives staff and developers a tool. It does not change...if the Council is
prepared to support the General Plan, it does not change the General Plan. It does
not require that additional high -density projects be approved anywhere. It simply
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tells a developer and staff if a medium- or high -density project or a mix -use project
is going to be approved, here's what it would look like.
RSK With a whole kitten. When the whole kitten (unclear) stops digging.
JMB We're all for the updating. It's the item number 2, we don't need to spend $150,000
when we're just confirming...
LA And...and I am requesting, on behalf staff and the developers, that we do that. That
we do spend the money, because we don't know where a project— how far it should
be set back.
JF Why can't you conform our Zoning Ordinances to comply with the General Plan?
LA That's what we're trying...
JF Phil Drell had gone out and brought one to us, and we turned it down. You want to
go and spend the same amount of money and bring another one to us? It will
probably get turned down because of this compromise and because of the balance.
I think we just answered number one. Whether we liked it or not, it was a
compromise, and those that wanted 6,000 units lost, and those that wanted 4,800
units lost, but we came up with a compromise that came up with high density,
medium density, and low density with some kind of a balance. I think there's
general dissatisfaction with the...large number of high -density projects we've been
getting compared to the low density. But setting all that aside, we still need to
conform our Zoning Ordinance to our General Plan.
LA Yes.
JF I think we just reaffirmed that General Plan. Why do we have to pay somebody to
get our Ordinance to conform, when I think Phil Drell already tried to do that once
before?
LA Because our ordinances right now, we've been limping along. They have been
amended piece meal for probably, I believe it's about eight years since there was
a comprehensive update of the Zoning Ordinance. We regularly find contradictions
from one element to another. We find things that are done, for instance...offering
something that the...tower elements are not required to come to the City Council for
approval according to the Ordinance. We've been bringing them because we think
the City Council really wants to see where we're gonna' have tower elements, but
if a developer is to read the Ordinance, we spend a lot of time arguing about it with
the developer as to whether that really needs to go to the City Council, and they
Muir ii out die Zoning Ordinance dues not show that ii needs to. There are a number
of contradictions from one point in the Ordinance to another. So that even if we
weren't adding design or development standards for mixed use and for the medium
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over high -density projects, there are just a lot of internal inconsistencies that make
life difficult on a day-to-day basis for staff and for developers who are trying to figure
out...
JF Let me try it this way then. Is what you're saying, having heard what we all just said
about Item No. 1, that you can comfortably take Item 2 and 3, make it conform to
Item No. 1, as we just described it...
LA Exactly.
JF ...and implement what we just said was our General Plan as we understood it.
LA That is precisely what we're trying to do. It is more than what staff can do internally.
We need a consultant to come in, it is a big project because it's been so long since
it's been done.
JMB But we don't need any consultant coming in telling us we need to change...
JF ...the General Plan?
LA Absolutely not. Absolutely Not.
JF Okay.
JMB (unclear)...the zoning.
LA This revisits absolutely nothing in the General Plan. This just makes the Zoning
Ordinance reflect what the General Plan says.
JF Well if there's not...is there a motion on the floor?
JMB Pardon?
JF I would move that we do number 2 and number 3, using the comments from Council
as guidance for the answer to number 1.
RAS I'II second.
RSK What about the $150,000?
JMB He's approving that.
RAS He's approving it.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2008
JF Approving it subject to making our current zoning standards conform to our General
Plan, and obviously that has to come back to us for us to approve it.
LA Correct.
JF But at least you, in good faith, make an effort to make it say what we just said.
LA Exactly.
JF Okay.
JMB And that's in conformance with State law.
JF And if you don't like it, vote it down.
RAS You have a motion and a second, Jean.
JMB Please vote.
RDK Motion carries 3-2, Councilmember Finerty, Councilman Kelly voting no.
For Durpose of clarification, the motion was:
Councilman Ferguson moved to, by Minute Motion: 1) Reaffirm the Land Use
Element of the General Plan as approved in the 2004 update, directing staff to incorporate
City Council comments received at this meeting as guidance; 2) appropriate $150,000 to
the 2007/08 Department of Community Development Professional Services budget for the
update of the Zoning Ordinance; 3) authorize staff to select and recommend a specialized
consulting firm to assist with the revision of the Zoning Ordinance to comport with the
General Plan, such consideration to be brought back before City Council for final approval.
Motion was seconded by Spiegel and carried by a 3-2 vote, with Finerty and Kelly voting
NO.
B. REQUEST FOR APPROVAL OF EXTENSION OF CONTRACT FOR
JANITORIAL SERVICES AT CITY OF PALM DESERT PARKVIEW OFFICE
COMPLEX (CONTRACT NO. C22164).
Mayor Pro Tem Spiegel moved to, by Minute Motion, approve the extension of
subject contract with D.W. Nicholson, LLC dba Desert Building Services, Rancho Mirage,
California, in an amount not to exceed $73,020 for janitorial services for the City of Palm
Desert Parkview Office Complex for one additional year. Funds are available in Account
No. 510-4195-495-3676. Motion was seconded by Ferguson and carried by a 5-0 vote.
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C. REQUEST FOR APPROVAL TO PURCHASE OFFICE FURNISHINGS FOR
THE HENDERSON COMMUNITY BUILDING (CONTRACT NO. C27270).
Mayor Pro Tem Spiegel noted the furniture items had been on display in the
Council's Conference Room.
Mayor Benson stated the furniture was too dark and didn't reflect the desert
theme with all the beige and brown colors; the white and brown side chairs
were fine, but she didn't care for the brown satin.
Councilmember Finerty agreed. She said the color palette had a lot of black
and dark purple.
Councilman Ferguson thought the furniture looked cheap and very
inexpensive compared to what the Visitor's Center was furnished with. He
thought for the community meeting rooms, the proposed folding chairs with
little casters wouldn't last six months.
Project Coordinator Missy Grisa responded the furnishings were chosen
because both the chairs and tables folded down, as illustrated in the
photographs, and could be re -arranged many different ways depending on
who's using them. She agreed to re-evaluate and explore other options.
Councilmember Finerty stated she also didn't care for the tables. She
mentioned that after Councilmembers' offices were remodeled, she noticed
big round circles on the carpet, which didn't appear to be holding up well and
wondered about its warranty.
Councilman Kelly moved to continue the matter to the meeting of March 13, 2008,
with Councilmembers Ferguson and Finerty appointed to a subcommittee to work with staff
in the interim, Motion was seconded by Spiegel and carried by 5-0 vote.
D. REQUEST FOR APPROVAL OF ACTIONS RELATED TO CONTRACT
NO. C24080B WITH SUNLINE TRANSIT AUTHORITY FOR
ROUTES 51 A & B (RED AND BLUE), THE SHOPPER HOPPER ROUTES.
Mr. Ortega noted the staff report and offered that staff was available to
answer questions.
Responding to question, Economic Development Manager Ruth Ann Moore
confirmed the contract ran through June 2008.
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Councilmember Finerty stated she was troubled by the 35% increase and
thought it was a horrendous amount. In comparing the yearly cost for the
Shopper Hopper, excluding marketing, the cost per rider was $18.27 and
would jump to $24.63 with the 35% increase. The cost per rider for the City's
Courtesy Cart was only $4.22. She questioned if funds were being spent
wisely.
Mayor Pro Tem Spiegel stated the City was going into season, and the
Shopper Hopper stopped at hotels, which the Courtesy Cart didn't. He said
there had been discussions about setting up a rate with hotels where the City
gave gratuity to their guests for the use of a taxicab ride into the City. He felt
this was the worst time of the year to stop the Shopper Hopper. Responding
to question about discontinuing the service after this season, he said new
Shopper Hoppers will be requested next year, because they were outdated
with many miles on them. He said it will cost a lot of money, and it will require
a full discussion at that time, but to stop the Shopper Hopper now would be
a big mistake.
Councilman Kelly noted it had been two years since the last increase, and
the price of natural gas had really gone up in that time for any kind of
operation like it. He agreed now was not the time to stop the service.
Councilman Ferguson disagreed because the Shopper Hopper was given
every opportunity, hope, and prayer. The City breathed new life into it, threw
money at it, advertised, dressed them up, and took them to the City of Indian
Wells. He doubted 16,000 people used them, but agreed you didn't just
yank a service in the middle of the season without giving notice.
Mayor Benson stated it would be far better to leave it in for this season but
provide notice that the service will not be renewed.
Councilman Ferguson stated the hotels could front some of the cost if they
thought it was a valuable service. However, he didn't think SunLine wanted
to continue the service; if the City did, it would be at a high price.
Councilman Kelly stated he didn't think SunLine cared who provided the
service and believed the City had other options, like contracting out the same
way it did with the Courtesy Cart.
Councilman Ferguson stated he would vote to discontinue the service
immediately but was mindful of providing notice the service was on its way
out.
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Councilman Kelly agreed. He said the City needed new vehicles anyway,
and if it needed a different source to operate it more economically, so be it.
He said to keep in mind that people paid a lot of money to have a truck drive
around with their advertising on it, especially if the vehicle was well designed
and advertised the City like in other cities that provided transportation for
shoppers around their City. He thought the Shopper Hopper gave more back
to the City than just the number of riders on it.
Councilman Ferguson moved to, by Minute Motion: 1) Approve and authorize the
Mayor to execute subject contract with SunLine Transit Authority, Thousand Palms,
California, from January 6, 2008, through June 30, 2008, in an amount not to exceed
$199,000 for vehicle operation, preventative maintenance, fuel, incidental repairs to the
vehicles, and rental costs for replacement vehicles; 2) direct staff to develop a report on
the program and make recommendations during the budget review session for the
program's future; 3) provide clear notice that the City does not intend to continue the
service with SunLine after June 30, 2008,— funds are available from the General Fund,
Account No. 110-4416-414-3681.
Councilman Ferguson stated that at least for himself, he wished to
discontinue the Shopper Hopper. He was not interested in any more studies
and didn't want to create a false illusion that he would study the advertising
aspect of it.
Mayor Pro Tem Spiegel seconded the motion, further directing staff in the interim
to inquire of stakeholders about their experience with the service (e.g. Westfield).
Mayor Benson stated there might be dedicated cabs that went to the Marriott
or other locations that transported people back and forth that was probably
cheaper. She asked staff to explore other programs to substitute the
Shopper Hopper service so that people were not left high and dry.
Mayor Benson called for the vote, and the motion carried by a 5-0 vote.
XV. CONTINUED BUSINESS
A. REQUEST FOR APPROVAL OF GRANT OF EASEMENT FOR THE
ENTRYWAY TO DESERT WILLOW FROM PORTOLA AVENUE AND
APPROVAL OF MAINTENANCE AGREEMENT FOR THE MAINTENANCE
AND LANDSCAPING (WVC Rancho Mirage Inc., Applicant) (Continued from
the meeting of January 10, 2008).
Councilman Ferguson moved to, by Minute Motion: 1) Approve the Grant of
Easement to WVC Rancho Mirage, Inc., for the entryway to Desert Willow from Portola
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2008
Avenue; 2) approve the Maintenance Agreement for the landscaping. Motion was
seconded by Spiegel and carried by a 5-0 vote.
B. RESOLUTION NO. 08-2 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION
NO. 99-65 AND ADOPTING REVISED GUIDELINES FOR THE RETIREE
SERVICE STIPEND PROGRAM FOR EMPLOYEES AND MEMBERS OF
THE CITY COUNCIL (Continued from the meeting of January 24, 2008).
Mayor Pro Tem Spiegel asked if the Resolution needed to be read out loud
in order to be approved.
Mrs. Gilligan stated the following basic language changes were made to the
Resolution: 1) In the second "Whereas" paragraph, the word "impasse" was
replaced with "agreement"; 2) the entire third "Whereas" paragraph was
deleted; 3) in the fourth "Whereas" paragraph, the word "offer" was replaced
with "agreement." Concerns voiced by the Palm Desert Employees
Organization (PDEO) were inserted in the language that showed a better line
of cooperation. Further responding, she confirmed employees voted on the
Resolution. A total of 48 employees voted, with 47 voting "Yes" and only one
voting "No."
Mayor Pro Tem Spiegel moved to waive further reading and adopt Resolution
No. 08-2, as amended to reflect the language modifications for page 1 as presented,
rescinding Resolution No. 99-65, and establishing revised guidelines for the Retiree
Service Stipend Program. Motion was seconded by Ferguson.
Councilman Ferguson thanked the PDEO because the changes were
thoughtful, professional, and made for a much better resolution.
Mayor Benson called for the vote, and the motion carried by a 5-0 vote.
XVI. OLD BUSINESS
None
XVII. PUBLIC HEARINGS
None
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2008
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
1. Presentation of U. S. Department of Housing and Urban Development
(HUD) Award for the Falcon Crest Housing Development.
Mr. Ortega recalled for City Council that the City was awarded the
subject honor at the National Association of Home Builders'
Conference in Orlando, Florida, on Tuesday, February 12.
Economic Development Manager Ruth Ann Moore stated that she
was pleased to attend the Conference earlier this week, where it was
her further pleasure to accept the recognition on behalf of the City
Council. She went on to say the "Best In Living Award" was a
prestigious new home design competition in the housing industry,
which showcased various designs in new home communities, rental
programs, and custom homes. Within the award program there was
a special recognition, an "Award in Excellence" for outstanding
affordable developments presented by the Secretary of HUD, and
Falcon Crest, along with one other development in Blacksburg,
Virginia, received the "Gold Award," the highest award given by HUD
this year. She, along with Director of Housing Janet Moore and
Project Manager Catherine Walker, presented the award to the
City Council.
B. CITY ATTORNEY
None
C. CITY CLERK
1. Reminder of Joint City Council, Redevelopment Agency, and Housing
Authority Study Session for Fiscal Year 2007-2008 Project Status
Update, 2:00 p.m. Thursday, February 21, 2008.
Mrs. Klassen noted City Council already had this on their calendars
but wanted to publicly remind them of the subject Study Session and
that the applicable notice would be posted.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2008
D. PUBLIC SAFETY
o Fire Department
None
o Police Department
Please refer to Item VIII - Oral Communications where Lt. Taylor
introduced the K9 Team of Officer Steve Rivera and K9 Officer
Van Snapp.
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
o City Council Committee Reports:
1. Coachella Valley Association of Governments Public Safety
Committee — Councilman Spiegel stated he attended the
subject meeting, and County Sheriff Stan Smith reported that
in the next 36-42 months, Riverside County will need 1,500
new officers, which was a big problem. Also reported at this
meeting was that there are 39 sex offenders living in the City
of Palm Desert. To find out where they live, one can log on to
www: meaanslaw.ca.aov.
2. Coachella Valley Animal Campus 2nd Anniversary, Saturday,
February 9. Mayor Benson reported the event was well
attended, and adoptions were very good. The Mobile Clinic
was exhibited. This was a Metro Link bus that was purchased
for $1 and converted into a traveling hospital; it was ready to
go out into the Valley within the next few weeks.
o City Council Comments:
1. Palm Desert International Sports Festival — Councilman Kelly
reported he attended the subject event, it was a huge success
with a large crowd from many different places. He said
Don Sutton was honored as the Hall of Fame inductee for the
City's Walk of Honor; he was an outstanding choice, also
volunteering to do other things for the City and noting that
Palm Desert was an excellent place to raise his daughter.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2008
2. Historic Preservation Ordinance — Councilmember Finerty
noted she'd received some phone calls regarding the City's
Historic Ordinance and wanted to share the information with
her colleagues, believing there was a misunderstanding or lack
of communication about it. Based on previous Council action
taken before she was elected, she understood the City
Manager provided some direction about the ordinance, and
she was concerned that the information was not shared with
the Historic Preservation Committee. She encouraged this
direction be provided to them at the Special Committee
Meeting being held tomorrow, February 15. Responding to
question, she was told that the Committee was happy with an
ordinance they were working on along with a consulting firm,
LSA, then Planning staff became involved and everything
changed. Committee Members were not advised on the
changes, nor were they allowed to have any input. She felt it
would be beneficial if the City Council's concerns at the time
the decision was made were shared with the Committee, such
as limited powers, etc. Further responding, she said it had
only been in the last couple of months that the Committee was
told that someone from the Planning Department had related
experience, and the ordinance was, in large part, rewritten, and
it stripped the Committee's powers.
Mr. Erwin wasn't sure it was Planning that injected itself in this
matter. He received a copy of the Ordinance that was prepared
by the consultant and was asked to modify it as appropriate. It
was probably his draft version of the Ordinance that
Committee Members were dissatisfied with because it
reflected a requirement of obtaining property owners' consent
before labeling any property "Historical." This was an issue that
resulted from a hearing held several years ago. He also
included language that was consistent with the rest of the
Committee/Commissions in the City, which stated that people
should be residents of the City.
Mayor Benson suggested Committee Members come in and
meet with Mr. Erwin for an explanation.
Councilmember Finerty stated someone needed to explain to
them why the changes were made, because they thought they
were on track with the Ordinance and were prepared to
approve it. Suddenly there was a change, and they're not sure
why or who caused it.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2008
Councilman Ferguson disagreed. He noted he was the Mayor
two years ago when the hearing was conducted. The City put
together a Historical Ordinance, which former Director of
Building & Safety and former Director of Planning weren't quite
sure how to deal with, but the next thing Council leamed was
that there were 200 properties in Palm Desert listed for
designation as Historical sites. It affected property values and
property owners' legal rights, and the City wound up with a big
problem with the owner of Palm Desert Motor Lodge. He
specifically sat down with the Committee and voiced how the
City was going to proceed in that it would not forcibly
re -designate property without the owners' consent. During that
time, the issue that all Committees/Commissions were
advisory to the Council, with the exception of Planning and
Architectural Review, but still with the option to call up an
appeal, was discussed at a study session. He said two years
ago the City Attorney was given solid directions on how to
proceed with the Ordinance, yet he's read in the paper that
Committee Members were complaining and pointing fingers at
staff who was no longer with the City, which he thought was
unfair. He was willing to meet with the Committee to remind
them of his discussion with them two years ago. However, he
didn't think a Committee should dictate to staff how to write an
Ordinance, nor did he think it was the role of Committee
Members to start questioning who made what changes and
why. A Committee was to provide input and advice, with staff
writing the best possible Ordinance for the City.
Councilman Kelly suggested adding this matter to the Agenda
if the issue would continue to be discussed.
Mayor Pro Tem Spiegel agreed. He recommended the City
Attorney attend tomorrow's meeting, since he was the one who
drafted the Ordinance, and report back to Council with the
concerns.
Mr. Croy added that Director of Building & Safety Russell
Grance would be offering an explanation to the Committee
Members at tomorrow's Special Meeting, which was the sole
purpose of calling the meeting and to explain what was
happening.
in response to the request for his attendance at the Special
Meeting, Mr. Erwin replied he would certainly make the
attempt.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2008
3. Desert ARC (formerly known as Foundation For the Retarded
of the Desert) — Mayor Benson reported she attended the
subject luncheon under their new name "Desert ARC." She
was introduced as Councilmember Benson, and their Director
got up and made the correction that she was, indeed, the
Mayor, and he also commented on the cooperation the
Foundation had from the City and how good the City had been
to them. He noted he had been a City Manager in some other
cities but had not worked with a more cooperative city than as
the City of Palm Desert. She thought it was a nice gesture for
him to say that to such a large audience.
XIX. ADJOURNMENT
With City Council concurrence, Mayor Benson adjourned the meeting at 5:32 p.m.
ATTEST:
E ELL D. SS CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
i
JE4(A-4
AN -Mi BENSO 161AYOR
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