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HomeMy WebLinkAbout2008-07-24MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JULY 24, 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 arrived at 3:17 p.m. 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 Russell Grance, Director of Building & Safety Patrick Conlon, Director of the Office of Energy Management Mark Greenwood, Director of Public Works Tony Bagato, Principal Planner 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 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 24, 2008 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Councilman Ferguson requested items for property negotiation and existing litigation be added to the agenda for Closed Session consideration: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APN 628-130-015 Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert Property Owner: Barracuda Under Negotiation: x Price x Terms of Payment 2) Property: APN 628-130-008 Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert Property Owner: David Nelson Under Negotiation: x Price x Terms of Payment 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 existing litigation pursuant to Government Code Section 54956.9(a): a) Indian Springs, LTD., v. City of Palm Desert, et al., Riverside County Superior Court, Case No. INC053903 Councilman Ferguson moved to add the aforementioned four items to the agenda for Closed Session. Motion was seconded by Finerty and carried by 4-0 vote, with Spiegel ABSENT. Upon a motion by Ferguson, second by Kelly, and 4-0 vote of the City Council, with Spiegel ABSENT, Mayor Benson adjourned the meeting to Closed Session at 3:06 p.m. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 24, 2008 V. RECONVENE REGULAR MEETING - 4:00 P.M. Mayor Pro Tem Spiegel reconvened the meeting at 4:03 p.m. and explained that Mayor Benson needed to leave the meeting following Closed Session. He asked the City Clerk to conduct Roll Call again: Present: Councilman Jim Ferguson Councilmember Cindy Finerty Councilman Richard S. Kelly Mayor Pro Tem Robert A. Spiegel Excused Absence: Mayor Jean M. Benson A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Mayor Pro Tem Robert A. Spiegel VII. INVOCATION - Councilmember Cindy Finerty VIII. ORAL COMMUNICATIONS - B MR. WESLEY ROSS, Palm Springs, CA, addressed the City Council regarding an issue affecting Palm Desert and the entire Coachella Valley —Riverside County's announcement of a plan to close the only long-term mental health facility in the Valley. He recalled that there were formerly facilities at Charter and at Desert Hospital, both of which were closed, making the aforementioned the last one here. He noted that the Coachella Valley currently has a population of approximately 500,000, plus an additional 100,000 during the season, making this area equivalent to a city the size of Albuquerque, New Mexico, without a long-term mental health facility. Patients in the facility suffer from schizophrenia, bipolar disorder, and extreme depression; and if moved or released, they will affect the police and fire departments, homeless facilities and the homeless population. Further, approximately 30 public service employees from the facility, who spend their money locally, will lose their jobs —people who were highly trained to deal with the specific needs of these mental patients. He urged the City Council and citizens of Palm Desert to contact their local representatives and protest closure of the facility. MR. GUNNAR HAASE, Palm Desert, CA, spoke to the City Council regarding Indian Springs Mobile Home Park, where his mother in-law resides. After looking around, he said they chose the Park for her because it is rent -controlled and a place she could afford while living only on Social Security. Upon reviewing a recent letter sent to the residents, presumably by the Park owner, a couple of things stood out to him. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 24, 2008 First, a CPI Index-W was called out, and he went into the Bureau of Labor Statistics to look for it but was unsuccessful. He found one for Los Angeles, Orange County, and Riverside County, which looked very close to the numbers the letter spoke of, but wasn't exact. When he calculated the rent increase, it was significantly less than what the owners put in for his mother in-law's space, which would probably be wrong for everybody else. Since the Park is under Rent Control, he asked if anyone at the City reviewed letters sent to the people to make sure they were calculated properly. He was concerned that if an error was made in the CPI, the rest of the data in the letter could also be inaccurate. He reiterated that he'd used the CPI for Orange County, Los Angeles, and Riverside, and it resulted in a rent increase that was significantly less, with no roll-over going to the next year. Relatively speaking, he said the increase wasn't large, $28 - $29, but on a monthly basis, it would be to his mother in-law on Social Security and others on fixed incomes. He asked who he could speak with at the City to review the letter and take action if the Park owner wasn't in compliance with the City's Rent Control regulation. Mayor Pro Tem Spiegel suggested Mr. Haase contact Mr. Erwin to discuss the issue. Additionally, he advised that the City was looking at meeting with Indian Springs Mobile Home Park residents to help alleviate their fears or at least let them know the City's position versus what they hear from their attorney. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. CONSIDERATION OF APPOINTMENT TO THE PALM DESERT PLANNING COMMISSION. Councilman Kelly moved to, by Minute Motion, appoint Russell Campbell to the Planning Commission to fill David Tschopp's term, which runs through December 31, 2008. Councilman Kelly explained that his nomination was based on interviews conducted by the City Council and a review of the records, reflecting Mr. Campbell's service on the Audit, Investment & Finance Committee for a great deal of time with exemplary attendance, as well as his service on the Citizens' Advisory Committee for Project Area #4 since its inception and serving as Chairman for the last couple of years. Additionally, he said Mr. Campbell does an excellent job of representing the City on the Joslyn Senior Center Board of Directors. He went on to say the City interviewed many excellent candidates for Planning Commission, but he felt that Mr. Campbell had served the City faithfully and earned this appointment. Motion was seconded by Councilmember Finerty. Councilmember Finerty added that she was also very impressed with Mr. Campbell's interview and believed that he will bring thoughtful consideration to many of the issues coming before Planning Commission (i.e., density, hillside development). She had the pleasure of serving with 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 24, 2008 Mr. Campbell on the Project Area #4 Committee from its inception; she felt he was a hard worker, resulting in the Committee's success under his leadership. She, too, was very pleased with his work on the Audit, Investment & Finance Committee and agreed that he'd come up through the ranks at the City to earn this appointment. Councilman Ferguson commented that he agreed with everything said about Russ Campbell, whom he also admired and respected, having served with him on the Audit, Investment & Finance Committee. However, he would be voting against the appointment only because of the upcoming November Election —there were people running for City Council who also sought appointment to the Planning Commission and people running for Council who didn't seek appointment to the Planning Commission. Historically, he said whenever the City was this close to an election, it didn't make significant appointments, or at least he was uncomfortable doing so. He would rather defer this appointment until after the next City Council was seated, but he respected his colleagues' opinions and decisions and would abide by them. Mayor Pro Tem Spiegel called for the vote, and the motion to appoint Russell Campbell to the Planning Commission carried by a 3-1 vote, with Ferguson voting NO and Benson ABSENT. B. CONSIDERATION OF APPOINTMENT TO THE PALM DESERT RENT REVIEW COMMISSION. In response to question, Mr. Erwin confirmed that currently there were three openings on the Rent Review Commission. He said two openings were regular seats on the Commission, and one was an alternate seat. Further responding, Ms. Klassen affirmed that there was currently only one application on file for service on Rent Review. Responding to comment, Councilman Kelly said he believed the City should specifically re -advertise for Rent Review Commission applications, especially because of its importance presently. Additionally, he felt two Councilmembers should be appointed to review the applications, conduct interviews, and recommend appointments to the vacancies. Councilman Kelly moved to, by Minute Motion: 1) Direct that vacancies on the City's Rent Review Commission be specifically advertised to solicit applications; 2) appoint two Councilmembers as a subcommittee to review applications received, conduct interviews, and recommend appointments to the Rent Review Commission. Motion was seconded by Ferguson and carried by 4-0 vote, with Benson ABSENT. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 24, 2008 With City Council concurrence, Councilman Ferguson and Councilmember Finerty were appointed to work on the Rent Review Commission applications and interviews, with Councilman Kelly appointed as an alternate to the subcommittee. X. CONSENT CALENDAR None XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS A. RESOLUTION NO. 08-75 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS INTENTION TO FINANCE DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES AND ENERGY EFFICIENCY IMPROVEMENTS THROUGH THE USE OF CONTRACTUAL ASSESSMENTS PURSUANT TO CHAPTER 29 OF PART 3 OF DIVISION 7 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE AND SETTING A PUBLIC HEARING THERON. Mayor Pro Tem Spiegel commented that this was what Councilman Ferguson had been working on for some time, and he congratulated him on his success in getting Assembly Bill 811 passed and signed by the Governor. He further noted that the public hearing would be conducted at the City Council Meeting of August 28, and the program would go forward from there. Councilman Ferguson moved to waive further reading and adopt Resolution No. 08-75. Motion was seconded by Finerty. Councilmember Finerty also extended appreciation to Councilman Ferguson for all his hard work on this matter. Mayor Pro Tem Spiegel called for the vote, and the motion carried 4-0, with Benson ABSENT. XIII. ORDINANCES For Introduction: None For Adoption: None 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 24, 2008 XIV. NEW BUSINESS None XV. CONTINUED BUSINESS None XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS None XVIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. CITY CLERK None D. PUBLIC SAFETY o Fire Department None o Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action,: None 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 24, 2008 o City Council Committee Reports: None o City Council Comments: None XIX. ORAL COMMUNICATIONS - B None XX. ADJOURNMENT With City Council concurrence, Mayor Pro Tem Spiegel adjourned the meeting at 4:16 p.m. ATTEST: RAbf-IELLE D.`KLASSECITY CLERK CITY OF PALM DESERT, CALIFORNIA A 9LQ ROBERTA. SPIEGE , MAY() PRO-TEMPORE 8