HomeMy WebLinkAbout2008-09-11MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, SEPTEMBER 11, 2008
CIVIC CENTER COUNCIL CHAMBER
73510 FRED WARING DRIVE, PALM DESERT, CA 92260
I. CALL TO ORDER - 3:00 P.M.
Mayor Benson convened the meeting at 3:00 p.m.
1I. 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
Paul S. Gibson, Director of Finance/City Treasurer
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 SEPTEMBER 11, 2008
IV. ADJOURN TO CLOSED SESSION
In response to Councilman Kelly's request for Closed Session discussion of
Section X - Consent Calendar Item C, Claim Against the City (#627), Mr. Erwin
recommended that City Council consider it as another case of Potential Litigation
pursuant to Government Code Section 54956.9(b).
Request for Closed Session:
Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: Lease Property - Parkview Professional Office Complex -
73710 Fred Waring Drive, Suite No. 103, Palm Desert
Negotiating Parties:
Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert
Property Owner: City of Palm Desert
Other Parties: National Multiple Sclerosis Society
Under Negotiation: x Price x Terms of Payment
2) Property: APN 628-120-001
Negotiating Parties:
Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/
Palm Desert Redevelopment Agency
Property Owner: John McCormick
Under Negotiation: x Price x Terms of Payment
3) Property: APN 627-231-017
Negotiating Parties:
Agency: Justin McCarthy/Ruth Ann Moore/City of Palm Desert/
Palm Desert Redevelopment Agency
Property Owner: El Paseo Collection III
Under Negotiation: x Price x Terms of Payment
4) Property: APNs 627-231-016, 627-231-014
Negotiating Parties:
Agency: Justin McCarthy/Ruth Ann Moore/City of Palm Desert/
Palm Desert Redevelopment Agency
Property Owner: El Paseo Collection
Under Negotiation: x Price x Terms of Payment
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2008
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
Upon a motion by Kelly, second by Ferguson, and 5-0 vote of the City Council, one
more case of Potential Litigation was added to the agenda.
Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(b):
Number of potential cases: 2 + 1
With City Council concurrence, Mayor Benson adjourned the meeting to Closed
Session at 3:03 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
VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE
UNITED STATES OF AMERICA - Councilmember Cindy Finerty
VII. INVOCATION - Councilman Richard S. Kelly
VIII. ORAL COMMUNICATIONS - B
MR. SAUL ROISENTUL, Captain of the City's Citizens On Patrol Program (COPS),
thanked the City Council for all its support. He said the group attended a
conference in Chino Hills last Saturday where 80 cities and 13 counties were
represented, totaling approximately 800 attendees, and Palm Desert's COPS
received the "Best In Show Uniform" award as well as being third runner-up for
"Best Car." Further, he expressed appreciation for all of the support COPS received
from staff, especially Frankie Riddle, along with Lt. Taylor and Sgt. Robert Perdue
of the Police Department, and Administrative Secretary Amy Hughes. He said
COPS worked very hard to help keep the City safe —logging between 500 - 600
hours of patrol per month —and hoped the City Council would continue to support
their efforts.
On behalf of the City Council, Mayor Benson graciously accepted the plaques from
Mr. Roisentul, offering that she felt they should really stay with the group and also
expressing thanks to Ms. Riddle for the tremendous work she's done with COPS
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2008
and the dedication shown by all its participants. She also thanked Mr. Roisentul for
all the time he devoted to the Program serving as its Captain.
LT. FRANK TAYLOR introduced the following new officers in the Palm Desert
Police Department:
— Officer Courtney Donowho, Motorcycle Officer
— Sergeant Misty Reynolds, Sergeant of the Special Enforcement Team
— Officer Nick Bazanos, Member of the Special Enforcement Team
— Officer Don Olson, Motorcycle Officer
He said these officers would be out patrolling Palm Desert and keeping its citizens
safe.
On behalf of the City Council, Mayor Benson welcomed the new officers to the City,
adding that everyone appreciated their service.
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION TO RECOGNIZE SHERRY TREVOR FOR HER SERVICE
TO THE CITY OF PALM DESERT/PALM DESERT REDEVELOPMENT
AGENCY AND THE CITIZENS' ADVISORY COMMITTEE FOR PROJECT
AREA NO. 4.
On behalf of the City Council, Mayor Benson presented an engraved crystal
clock to Ms. Trevor in appreciation of the time she devoted to serving on the
Citizens' Advisory Committee for Project Area No. 4.
MS. TREVOR expressed deep appreciation for the recognition and said she
had truly enjoyed serving the City.
B. PRESENTATION OF PROCLAMATION DECLARING THE MONTH OF
OCTOBER 2008 AS "FIRE PREVENTION AND MINI -MUSTER MONTH" IN
THE CITY OF PALM DESERT.
On behalf of the City Council, Mayor Benson presented the proclamation to
Battalion Chief Brooker and to Mini -Muster Coordinator John Marman.
MR. MARMAN went on to say it was the 16th annual Mini -Muster Educational
Program this year, with approximately 9,000 third grade students having
participated in it to date. Further, he explained that it was a combined effort
of the Historical Society of Palm Desert, Desert Sands Unified School
District, and the Riverside County Fire Department, and he thanked the City
of Palm Desert for its fervent support as well. He offered special praise for
all the participating Riverside County Firefighters, who made the program
worthwhile and memorable for the schoolchildren.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2008
C. APPOINTMENT TO THE RIVERSIDE COUNTY FREE LIBRARY
ADVISORY COMMITTEE (CFLAC).
Councilman Ferguson moved to, by Minute Motion: 1) Accept the resignation of Ella
Manor as the City's appointed representative to the Riverside County Free Library Advisory
Committee (CFLAC); 2) appoint Joan Beasley as the City of Palm Desert's representative
to CFLAC. Motion was seconded by Spiegel and carried by a 5-0 vote.
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of August 28, 2008.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 35, 36, 37, 40, 44, 53, 54, 55, 57, and 62.
Rec: Approve as presented.
C. CLAIM AGAINST THE CITY (#627) by the Heirs of Patricia Buzenus in the
Amount of $25,100,000.
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so
notify the Claimants.
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Casey's
Restaurant & Lounge, 42-455 Washington Street, Palm Desert.
Rec: Receive and file.
E. PARKS & RECREATION COMMISSION MEETING MINUTES for the
Meetings of June 17, 2008, and July 1, 2008.
Rec: Receive and file.
F. REQUEST FOR APPROVAL of a Reimbursement of Funds in the Amount
of $11,800 to Friends of the Desert Mountains for Funds Given to the City
During Construction of the Trail System.
Rec: By Minute Motion, approve the expenditure of $11,800 to Friends of
the Desert Mountains for reimbursement of funds given to the City
during construction of the trail system —funds are available in Account
No. 233-4636-454-4001.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2008
G. REQUEST FOR APPROVAL of Parcel Map No. 35870 (Nedrac, Inc./
David Carden, Applicant).
Rec: Waive further reading and adopt Resolution No. 08-90, approving the
Map of Parcel Map No. 35870.
H. REQUEST FOR AWARD OF BID for the Purchase of One Hybrid SUV for
the Citizens On Patrol (COPS) Program.
Rec: By Minute Motion: 1) Authorize the purchase of a new hybrid sport
utility vehicle from Fiesta Ford, Indio, California, in the amount of
$38,572.48 for the City fleet and use by the COPS Program;
2) appropriate $13,572.48 from Unobligated 110 Fund to the New
Vehicle Fund for said purchase.
Upon motion by Spiegel, second by Ferguson, and 5-0 vote of the City Council, the
Consent Calendar was approved as presented.
XI. CONSENT ITEMS HELD OVER
None
XII. RESOLUTIONS
None
XIII. ORDINANCES
For Introduction:
A. ORDINANCE NO. 1166 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER
3.32.080(A) OF THE PALM DESERT MUNICIPAL CODE BY ADDING
SECTION 3.32.080(A)(5), RELATING TO EMERGENCY SPENDING AND
DECLARING A LOCAL EMERGENCY.
Senior Management Analyst Ryan Stendell stated the proposed amendment
included a minor addition to the Municipal Ordinance dealing with spending
during the time of an emergency. Staff felt that if there was ever an instance
where the City required FEMA reimbursement, the City should have all the
cross references in place to make sure its application for reimbursement
would not be hindered. The language was reviewed by the City Attorney,
and he was in concurrence with staff.
Mayor Pro Tem Spiegel moved to waive further reading and pass Ordinance
No. 1166 to second reading. Motion was seconded by Finerty and carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2008
For Adoption:
A. ORDINANCE NO. 1162 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 3.32
OF THE PALM DESERT MUNICIPAL CODE, DEALING WITH
PURCHASING POLICIES AND PROCEDURES.
Councilman Kelly moved to waive further reading and adopt Ordinance No. 1162.
Motion was seconded by Spiegel and carried by a 5-0 vote.
B. ORDINANCE NO. 1163 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS OF
CHAPTER 5.100 OF THE PALM DESERT MUNICIPAL CODE, RELATED
TO ENTERTAINMENT PERMITS.
Councilmember Finerty moved to waive further reading and adopt Ordinance
No. 1163. Motion was seconded by Kelly and carried by a 5-0 vote.
C. ORDINANCE NO. 1164 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN
AMENDMENT TO DEVELOPMENT AGREEMENT 06-02, UNIVERSITY
PARK, BETWEEN THE CITY OF PALM DESERT AND THE PALM DESERT
FUNDING COMPANY, DELETING THE COACHELLA VALLEY WATER
DISTRICT WELL SITES FROM THE SCOPE OF THE DEVELOPMENT
AGREEMENT Case No. DA 06-02 Amendment 1 (Palm Desert Funding
Company, LP, Applicant).
Ms. Klassen stated the City Clerk's Office had not received the signed
Development Agreement from the Applicant and requested a continuance
of this matter to the next meeting.
Mayor Pro Tem Spiegel moved to continue this matter to the meeting of September
25, 2008. Motion was seconded by Ferguson and carried by a 5-0 vote.
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D. ORDINANCE NO. 1165 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A
DEVELOPMENT AGREEMENT AS IT RELATES TO CONSTRUCTION
FOR A 20-UNIT SENIOR CITIZEN APARTMENT PROJECT ON THE
NORTH SIDE OF CATALINA WAY, LOCATED AT 73-582 CATALINA WAY,
BETWEEN THE CITY OF PALM DESERT AND BERNARD INVESTMENT
GROUP, ATTACHED AS EXHIBIT "A" Case No. DA 08-50
(Bernard Investment Group/Ken Bernard, Applicant).
Ms. Klassen stated the City Clerk's Office had not received the signed
Development Agreement from the Applicant and requested a continuance
of this matter to the next meeting.
Councilmember Finerty moved to continue this matter to the meeting of
September 25, 2008. Motion was seconded by Ferguson and carried by a 5-0 vote.
XIV. NEW BUSINESS
A. REQUEST FOR AWARD OF CONTRACT TO CONTRERAS
CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE COUNTRY
CLUB DRIVE CURB RAMP RETROFIT PROJECT (CONTRACT
NO. C28030A, PROJECT NO. 619-08).
Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Award the subject contract
in the amount of $129,600 to Contreras Construction Company, Indio, California;
2) authorize a 10% contingency for the project in the amount of $12,960; 3) authorize the
Mayor to execute said contract — funds are available in Account No. 400-4311-433-4001.
Motion was seconded by Finerty and carried by a 5-0 vote.
B. REQUEST FOR AWARD OF CONTRACT TO AMERICAN ASPHALT
SOUTH, INC., FOR THE 2008 CITYWIDE SLURRY SEAL PROGRAM
(CONTRACT NO. C28040, PROJECT NO. 751-08).
Councilman Kelly moved to, by Minute Motion: 1) Award the subject contract in the
amount of $557,145 to American Asphalt South, Inc., Fontana, California; 2) authorize a
10% contingency for the project in the amount of $55,714.50; 3) authorize the Mayor to
execute said contract — funds are available in Account No. 110-4311-433-3320. Motion
was seconded by Finerty and carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2008
C. REQUEST FOR RATIFICATION OF THE CITY MANAGER'S APPROVAL
OF CONTRACT WITH FIRST AMERICAN TITLE COMPANY FOR TITLE
SERVICES NECESSARY FOR THE PALM DESERT ENERGY
INDEPENDENCE PROGRAM (CONTRACT NO. C28160).
Councilmember Finerty moved to, by Minute Motion: 1) Ratify City Manager's
approval of the subject contract with First American Title Company, Rancho Cucamonga,
California, for title services necessaryforthe Palm Desert Energy Independence Program;
2) appropriate $45,000 from Unallocated General Fund Reserves to Account No.
110-4511-442-3090 for this purpose. Motion was seconded by Spiegel and carried by a
5-0 vote.
Responding to question, Mr. Ortega stated based on the interest received so
far, lack of advertising had not been a hindrance. He said staff will provide
the public with contact telephone numbers on the program.
D. REQUEST FOR AUTHORIZATION TO PURCHASE NEW "BUCKET
TRUCK" FOR TRAFFIC SIGNAL MAINTENANCE.
Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Authorize purchase of a
new "bucket truck" from Terex Utilities, White House, Tennessee, in the amount of
$131,000 for the City's Fleet and use by the Traffic Signal Maintenance Division;
2) appropriate $131,000 from the Unobligated 110 Fund to the New Vehicle Fund for this
purchase. Motion was seconded by Kelly and carried by a 5-0 vote.
XV. CONTINUED BUSINESS
A. REQUEST FOR CONSIDERATION OF THE CREATION OF A
PALM DESERT HISTORIC MUSEUM IN CONJUNCTION WITH THE
PALM DESERT HISTORICAL SOCIETY (Continued from the meeting of
June 26, 2008).
Councilman Ferguson moved to, by Minute Motion, continue this item to the meeting
of October 9, 2008. Motion was seconded by Finerty and carried by a 5-0 vote.
B. RESOLUTION NO. 08-86 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, GRANTING CONSENT TO
THE COUNTY OF RIVERSIDE TO FORM THE PALM SPRINGS DESERT
RESORT COMMUNITIES TOURISM BUSINESS IMPROVEMENT
DISTRICT (Continued from the meeting of August 28, 2008).
MR. BILL POWERS, Indian Wells, CA, spoke in support of the Palm Springs
Desert Resort Communities Convention and Visitors Authority (CVA). He
said it was his birthday, he had a cake, and made a wish; his wish was for
the City Council to approve the Business Improvement District (BID). He
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said, "a rising tide raised all boats," and urged the City Council to really think
about this matter. He said they've received little parochialism throughout the
Valley, which was good for everyone. He didn't want Palm Desert to vote the
way Desert Hot Springs did with the Multiple Species Plan, causing
consternation; they opted out, costing them a lot of money. In addition, just
down the road was Cathedral City; when they rebuilt Highway 111, everyone
else was putting in three lanes, but they did two, and now it's difficult to get
through. He said he'd hate to see the City of Palm Desert not approve the
BID, because the advantages of the BID helped all cities in the Coachella
Valley, and it also helped them do their job at the CVA. He pleaded with the
City Council to be open-minded and approve the BID, and if it wasn't
approved, that it be postponed for further dialogue.
MR. DAVID HIRSCH stated he was the General Manager of Embassy Suites
Hotel in Palm Desert. This week marked his one-year anniversary from when
he and his family moved to Palm Desert, and he enjoyed living in this
beautiful City. He said it's been an exciting but a difficult year for the hotel,
exciting because the owners who bought the hotel in February 2007 had
spent $6 million in renovations, but difficult because of the decline in
business at this hotel. When he initially heard about the proposed BID, he
was rather reticent about it, particularly about the assessment portion of the
proposal. In principle, he's usually against any kind of tax or assessment,
but at this stage, he needed to be pragmatic. The owners of the hotel had
already infused $6 million into it, and at some point, would want a return on
their investment. In reviewing details of the proposal, the most striking
statistic was his budget compared to cities that were of similar size or larger
and the millions in disparity between them. The creation of the BID and the
accompanying assessment placed on every hotel guest would be the fastest
method to getting up to par with other cities in the area. He's only been in
the Valley for one year, and he had heard stories about how the CVA had
performed in the past, but he wasn't going to debate their effectiveness
because it was before his time. However, his assurance came from knowing
that people like himself and colleagues in the hotel community would have
a definite voice and authority in directing how the funds would be spent. He
realized there may be competing interests at times, particularly when you
looked at Palm Springs versus Palm Desert, versus La Quinta, etc., but he
believed the BID would have strong representation and accountability, and
if the money wasn't being spent effectively and intelligently, then those
responsible would be replaced, or roll back its funds at some point. He asked
the City Council to give the BID serious consideration for approval, because
everyone involved as a resident or business person would be stakeholders.
MR. JAMES NEMETZ, Cathedral City, CA, stated he was a professional
meeting and event planner, and his credentials included membership in
Meeting Planners International and Professional Convention Management
Association (PCMA). He said he was advocating approval of the BID
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process because he believed it was an industry standard across the board
with larger communities that were already pursuing businesses in other
markets. For example, he recently had occasion to work with the CVA in
addressing some Australian Tour Operators and some expected United
Kingdom Tour Operators, which wasn't done on a regional level as far as
smaller hotels; it was something only the CVA could do. Speaking from
experience, he said the industry indicated that with emerging global market,
such as Asian Tours and China opening up, this was certainly an advocate
time to step up to the plate by awarding the CVA the additional funds to
make the outreach.
MR. BOB CAREY, with Destination Management, Palm Desert, stated he's
been a resident of Palm Desert for ten years. He said he was supportive of
the BID because he had learned how large the competition market was here
in the Valley. Ten years ago, he was told his clients could go anywhere in
the world, and he took it with a grain of salt. He soon learned at the cost of
business, that clients did go anywhere in the world. He said it was his job to
attract clients to support the growth of the City, and he suggested that
Council learn who its competitors were, because it wasn't just California,
Phoenix, the West, the United States --it was the entire world. He said the
vote should be postponed if the Council couldn't find reason to pass the
Resolution for the BID. He suggested that Council send a City representative
to the largest purchasing show in Chicago, which would take place in two
weeks, where one could clearly see whom the competition was. He said it
was important to have the funds necessary to compete on a worldwide basis
in order to fill up hotel rooms, restaurants, and venues in Palm Desert.
MR. ROBERT DEL MAS stated he was the General Manager of Empire Polo
Club in Indio, CA, and a member of the Hospitality Industry Business Council
(HIBC) for the CVA. He said he was in support of the BID because its prime
attribute was to generate new and additional sources of revenues to expand
sales and marketing efforts by the CVA. The CVA's current funding was
approximately $6.2 million, and the BID would increase it to an estimated
$10.25 million. He said the CVA did a great job of marketing his venue, the
Empire Polo Club, and he could only imagine it would be better with the
additional marketing dollars. He said the Coachella Valley Music Festival
filled up hotel rooms all the way to Palm Springs and beyond, and stated if
more of those larger events could be brought to the Valley, more hotel rooms
would be filled here in Palm Desert, such as the Marriott and Embassy
Suites. He encouraged the City Council to support the BID and take note that
the cities of Palm Springs, Indian Wells, Rancho Mirage, Cathedral City, and
Desert Hot Springs had already cast their consent to Riverside County. He
believed both the cities of Indio and La Quinta would also get on board.
MR. ROLF HOEHN stated he served on the Palm Springs Airport
Commission as the City of Palm Desert's representative. He said the
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proposed Business Improvement District (BID) was discussed at their last
meeting, and the Commission was in favor of it because it would generate
more funds for the CVA; it will also allow funds to be returned to the cities to
promote themselves individually.
MR. TIM ELLIS, Palm Springs Hotel, Palm Springs, CA, spoke in support of
the proposed BID. He said he's been associated with the Hospitality Industry
and Business Council (HIBC) for ten years; although he was no longer with
them, those associated with the CVA on the HIBC for many years knew
about the CVA's funding challenge of having enough for payroll, salespeople,
administration, and using what was left over for marketing and advertising
programs. Unfortunately, the advertising market programs weren't large
enough to make some noise about how beautiful the Palm Springs Desert
Resorts areas are to make people want to come and stay here. He said more
marketing needed to be done in Europe and worldwide, but the CVA didn't
have the funds to do it. He believed approval of the BID would fix the
funding problem once and for all, but he was concerned that a "no" vote
would send a shock back to the CVA; everyone had gone through a lot with
that organization, and it had worked hard to get back on track. He said, that
a "yes" vote today would be an assurance that things were moving forward.
He said from a Palm Springs hotelier and someone who believed the CVA
belonged together, asked the City Council to please vote yes.
Councilman Kelly stated he assumed something special would be done for
the small hotels if this Resolution was passed, because they were in dire
straights. The $750,000 that would be returned to the City didn't phase him,
because if the City wanted to raise $1 million, it could have raised its hotel
tax by another percent. However, he understood that in hard times
something had to be done, and if it wasn't the proposed BID program, an
alternative would have to be figured out. He was swayed by the fact that
Marriott's Desert Springs, one of the City's largest hotels and major
contributors, and other businesses in the City were in support. He said the
City lived on sales tax and tourism, and it needed to stay healthy to keep up
with the competition.
Councilmember Finerty stated she, too, was initially reticent on any kind of
tax assessment like Mr. David Hirsch, but she remained reticent. She said
in this economy, when everyone was going through a difficult time, was not
the time to raise taxes. She felt the City did more about promoting tourism
by having the lowest Transient Occupancy Tax (T.O.T.) at 9%, which was an
asset to Palm Desert. She questioned why hotels couldn't form their own
group and assign however much money to market the Valley, the City, or
whatever they felt needed to be marketed to reach out to Europe and other
areas worldwide; she didn't know why it needed to be the City that carried
the 2% tax burden. She also thought approval of the Resolution would avert
Proposition 218, which required citizens to vote on a tax assessment; she
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was told the BID concept was not a tax under Proposition 218 because
businesses were being assessed, with which she disagreed. She said it
would be the City's tourists that would be taxed or assessed, and she
couldn't support any kind of an increase in this economy.
Councilman Ferguson stated he would reserve his comments to first hear
what Mayor Benson had to say, because she was the longest serving
member of the City Council on the CVA.
Mayor Benson stated she probably had the most time invested in the CVA,
and at one time the CVA tried to have a West Valley CVA, but it didn't work
because the community and hotels didn't support it, and it next belly up. It
then took years to get the new CVA formed, which worked well for a few
years. However, the CVA soon realized it didn't have enough money, and
it finally got more money out of the T.O.T. and the cities. Over the years,
forces inside and outside tried to disrupt it, and the CVA tried to find new
ways to get more money; so the BID was not a new idea, it was brought up
before with the idea of having the cities on its side before it was presented
to the public, which was not done this time. A few years ago, cities were
pulling out of the CVA, and everyone tried very hard, including herself, to
show what an organization it was, what it could be, and it remained.
However, pouring more money into the CVA with the BID method was not
the way to do it. She said it always came back to Palm Desert being a
"goat," in that if Palm Desert didn't approve it, it would go down the tubes, but
no one came to Palm Desert first to see how it could help. She said the City
Council worked with its hotels, put on special promotions with them, it
provided more money in other venues to bring tourism to the City, and it
probably did more than any other city. She said money didn't drive tourists
to Palm Desert, and it never had. She said she worked in the tourism
business for 20+ years, and it didn't matter what kind of advertising was
done, people didn't go where they didn't want to go. The City prided itself on
having a low 9% T.O.T., and it's been kept in reserve. Currently, the State
was looming over the City to take millions away; right now wasn't the time to
get money out of the general public. She said it shouldn't come as a surprise
that she was against the BID, because it was printed in this morning's
newspaper, and it wasn't the way to make the tourism bureau work.
Mayor Pro Tem Spiegel noted he was the City's representative to the CVA.
For the benefit of the audience, he explained that approval of the BID would
add a 2% tax to the people that stayed at large hotels. The assessment was
expected to raise $4 million for the CVA for additional advertising. He
disagreed with Mayor Benson that additional advertising wouldn't accomplish
anything. He said he worked in retail for 32 years and was first General
Manager of May Company in the mall. He said in retail, additional
advertising brought more people to the store and more business was
conducted. He noted the BID was already approved by the cities of
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Cathedral City, Palm Springs, Indian Wells, Rancho Mirage, and Desert Hot
Springs. He said the BID would take the control of the CVA away from the
politicians, which he thought was a benefit. Currently, the CVA was
represented by a member from each city to serve on the board and make
final decisions, but with the Business Improvement District, the final decision
will be made by the hotels, restaurants, and retail businesses; they will
decide how the money should be spent and where it should go. He said it
took the politicians almost two years to come up with a name for the CVA,
and he could almost guarantee it wouldn't take the hoteliers two years to
decide where the BID should be promoted. In Palm Desert's case, the BID
would give $750,000 back to the City on an annual basis that would go to the
General Fund. If the City decided the program wasn't working, it only
needed to provide a one-year notice to pull out, and that would be the end
of the CVA and the BID process; it was not a permanent commitment. He
said the assessment would have no effect on the residents unless they
stayed at a hotel like the Marriott. He said if one stayed at the Marriott in
San Diego, a 2% tax for the same BID purpose was already being
implemented. When making reservations, one can ask what the taxes are;
otherwise you'll find out when you get your bill at the end of your stay. He
said the BID would be a win -win situation for the entire Coachella Valley.
Mayor Pro Tem Spiegel moved to waive further reading and adopt Resolution
No. 08-06.
Councilman Ferguson stated he had mentioned that he would listen to
everyone's opinion, although he was not quoted for saying that in this
morning's newspaper, but he certainly had no shortage of phone calls and
arm twisting by many good friends; obviously it was issue upon which
reasonable people could differ. He said this was a philosophical,
substantive, and legal issue. He enjoyed meeting with legal counsel to the
CVA in addressing some of the questions raised. He said philosophically
and policy wise, this was a decision that needed to be made city by city. He
said Palm Desert had always been regional in its scope in just about
everything, and it hadn't operated in isolation by any stretch. He said people
looked at Palm Desert, Indian Wells, Rancho Mirage, and make comments
about them being rich cities, but those who have been around for a while,
have to remind them the City didn't start out that way. Palm Desert started
out with a big flood in 1976, three years after it was incorporated, and it
wiped out a large portion of south Palm Desert. Two years later, Proposition
13 was passed, stating it couldn't impose any property taxes. He said Palm
Desert was a city that became successful by being smart, thrifty, and
conservative by investing in ways that built up the municipal finances and
planned out the community logically. He said Councilman Kelly certainly did
a lot in his time with the phone company, and with staff working hard to get
the mall and theater here; it was always with the approach of taking care of
its residents. He said if you lived in Palm Desert, you didn't pay taxes. There
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was only a one-time $48.00 fire fee that was started in 1982, but everything
else was paid for by the City's tourists and what little property tax was
received through the "no and low" properties. He said Palm Desert had the
lowest Transient Occupancy Tax (T.O.T.) at 9% since 1978. It's been kept
low despite many pleas from different businesses to raise it. It's been raided
by the State through the Educational Revenue Augmentation Fund (ERAF),
and they've taken a quarter percent of the City's sales tax with the vehicle
license fee back in 2001. At this time, the State's budget was a billion dollars
short, and it was looking at taking money from local government. He said
local government wasn't a big, vast body, it was 478 cities, and the State
wants to take $1 billion from redevelopment agencies, of which Palm
Desert's ranked third. When he was first elected to the City Council, he
wanted to buy a lot of property in the north sphere but was told by his
colleagues the City didn't need to over extend itself, and that it needed to be
frugal with its money. There have been many opportunities to raise the
City's T.O.T., but he recalled Mayor Benson saying it was the City's "rainy
day" money; relating to the flood of 1976. He said if the City ever needed an
"ace in the hole," or a reason to shore up its finances, it could always raise
its T.O.T. He believed there was a margin of taxation on any individual no
matter where one lived, and he viewed this proposal as asking the City of
Palm Desert to dip into it's "rainy day" fund by 2%, when time after time, a
1% assessment had been rejected. In addition, it would be allocating the
assessment onto another body of government, the County of Riverside,
which would then in perpetuity tax the tourists that came to Palm Desert to
the sum of $1.3 million that could otherwise go directly to the City. Today's
newspaper quoted that the City would receive $750,000 back from the BID
if approved. He said the Council wasn't so naive to give the CVA $1.3 million
for a return of $750,000; it didn't make any sense. He agreed with
Councilmember Finerty's comment that it was great that Ken Schwartz from
Marriott Desert Springs wanted to give 2% to the CVA and would support it.
However, he questioned why the City had to give its tax and authority to the
County in order for it to happen. He was told quite candidly, by names he
would not mention for the sake of not embarrassing them, that this was a
further attempt to tie up the cities and keep the structure and permanency of
the funding for the CVA. He said there was nothing wrong with that, but he
knew everyone that spoke in support of the BID was a beneficiary of the $1.3
million, which was approximately 35% of the $4 million projected amount. He
questioned whether the CVA was broken or if he missed some piece of
information to that effect. He noted four years' prior, the City of Palm Desert
filed a letter to opt out of the CVA, but the City rescinded its letter when
Mr. Beckelman got on board and decided to give him a chance; the Council
has been favorably impressed with what's been done with the organization.
But now the City was being asked for a huge increase in funding that would
be more permanent and more difficult to get out of, and it looked like a very
creative way to get money and handcuff the cities for a greater structure and
permanency of funding. He didn't fault anyone for it, but it wasn't a good
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business choice for the City of Palm Desert. He agreed with Mayor Benson's
comment that if Palm Desert was the largest investor in this $4 million fund,
consideration probably should have started with Palm Desert instead of
coming to it last. He said likening Palm Desert to Desert Hot Springs and
saying Palm Desert will cause consternation only affirmed his resolve to vote
no
Councilman Kelly seconded the motion to adopt Resolution No. 08-86. Motion
failed on a 2-3 vote, with Ferguson, Finerty, and Benson voting NO.
XVI. OLD BUSINESS
A. REQUEST FOR FURTHER CONSIDERATION OF THE CITY OF
RANCHO MIRAGE'S REQUEST TO INSTALL A TRAFFIC SIGNAL ON
MONTEREY AVENUE NORTH OF 35TH AVENUE.
Mayor Pro Tem Spiegel moved to, by Minute Motion, give further consideration to
the request and approve installation of a traffic signal on Monterey Avenue, 750 feet north
of 35th Avenue. Motion was seconded by Finerty.
Responding to question, Mayor Pro Tem Spiegel confirmed this item was
related to the meeting he and Councilmember Finerty had with City of
Rancho Mirage officials.
Ms. Klassen announced the motion carried by a 5-0 vote.
B. REQUEST FOR APPROVAL OF AMENDMENT NO. 1 TO CONTRACT
NO. C27950 — ENGINEERING SERVICES FOR INTERSECTION
IMPROVEMENTS AT FRANK SINATRA DRIVE AND PORTOLA AVENUE
(PROJECT NO. 572-08).
Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Approve Amendment No.
1 in the amount of $96,000 to the subject contract with Kimley-Horn and Associates, Inc.,
Riverside, Califomia, for additional engineering services necessary for the subject project
2) authorize the Director of Finance to transfer $51,100 from contingency to base for the
contract; 3) authorize the Mayor to execute Amendment No. 1. Motion was seconded by
Ferguson and carried by a 5-0 vote.
C. REQUEST FOR APPROVAL OF AMENDMENT NO. 3 TO CONTRACT
NO. C22310 — CONSULTING SERVICES TO COMPLETE PROJECT
APPROVAL REPORTS AND ENVIRONMENTAL DOCUMENTATION FOR
RAMP MODIFICATIONS AT THE MONTEREY AVENUE INTERCHANGE
ON INTERSTATE 10 (PROJECT NO. 669-02).
Councilman Kelly moved to, by Minute Motion, approve Amendment No. 3 in the
amount of $278,362 to the subject contract with RBF Consulting, Inc., Ontario, California,
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2008
for additional consultant services to complete Project Approval Reports and Environmental
Documentation for the Ramp Modifications at the Monterey Avenue Interchange on
Interstate 10 — funds are available in Account No. 213-4389-433-4001. Motion was
seconded by Spiegel and carried by a 5-0 vote.
D. REQUEST FOR APPROVAL OF ADDENDUM TO CONTRACT NO. C23413
FOR ADVERTISING SERVICES WITH FULL GALLOP MARKETING TO
INCREASE THE SCOPE OF WORK RELATED TO PROMOTION OF THE
AB 811 PROGRAM FOR FISCAL YEAR 2008-2009.
Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Approve an Addendum in
the amount of $33,000 to the subject contract with Full Gallop Marketing for increased
scope of work relating to the promotion of AB 811 for FY 2008-2009; 2) authorize the
Mayor to execute said Addendum on behalf of the City — funds for advertising services and
marketing of AB 811 have been included in the Department of Energy Management's
funding request. Motion was seconded by Kelly and carried by a 4-1 vote, with Ferguson
voting NO.
E. REQUEST FOR APPROVAL OF THE REIMBURSEMENT OF ART IN
PUBLIC PLACES (AIPP) FEES FOR THE ART COMPONENT
ASSOCIATED WITH THE POINTE MONTEREY PROJECT LOCATED AT
34-390 GATEWAY DRIVE, PALM DESERT (Pacific Point Partners,
Applicant).
Responding to question, Mr. Twedt stated the sculpture was 18 feet tall, and
it was located off Monterey Avenue, at Monterey Pointe at the corner of
Dinah Shore. He added that once a year, Art in America, which was a
prestigious national journal, selected 20 public art pieces throughout the
Country to be featured in their annual guide of museums and galleries, and
this piece was selected as one of the twenty; it's titled "Infinity Column." He
went on to describe the sculpture and presented a picture of it to the Council.
Further responding, he said the Applicant commissioned Mr. Phillip Smith to
design the sculpture, and the Applicant paid over $82,000 into the AIPP. He
confirmed it was one column, and it was already built.
Councilman Kelly stated they did a good job.
Councilman Kelly moved to, by Minute Motion, approve the reimbursement of
$82,696.45 in AIPP Fees associated with the art component for the Pointe Monterey
Project, 34-390 Gateway Drive — funds are available in Account No. 436-0000-312-2700.
Motion was seconded by Ferguson and carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2008
F. REQUEST FOR APPROVAL OF PARCEL MAP NO. 31862 (Indian Springs,
Ltd., c/o James & Associates, Inc., Applicant).
Following is a verbatim transcript of the discussion and testimony for Old Business Item
F.
Key
JMB Jean M. Benson, Mayor
JF Jim Ferguson, Councilman
RAS Robert A. Spiegel, Mayor Pro Tem
CLO Carlos L. Ortega, City Manager
DJE David J. Erwin, City Attorney
LSL L. Sue Loftin, Applicant's Attorney
JH Jono Hildner, Indian Springs Mobile Home Park Resident
RSK Richard S. Kelly, Councilman
CF Cindy Finerty, Councilmember
MI Margo Iverson, Indian Springs Mobile Home Park Resident
RDK Rachelle D. Klassen, City Clerk
JMB Okay, next is "Request for Approval of Parcel Map No. 31862, Indian Springs
Limited, James & Associates, Applicant. And I have two speakers requesting...do
I need to leave for this?
JF Yeah.
RAS Give me the cards.
CLO Madam Mayor...in addition, we have received the letter from Aleshire & Wynder,
and the City Attorney would like to comment on that letter, thank you.
RAS I'm going to let the speakers speak first then the City Attorney.
DJE Okay.
RAS The first one is L. Sue Loftin.
LSL Good afternoon. Sue Loftin, I represent the Applicant, and the issues I was going
to address were the letter from Aleshire & Wynder that we received, well after we
had already gotten here actually, and their first complaint is that the Conditions of
Approval have not been satisfied, pointing out that the sewer system is not complete
at this time. The sewer system is not complete at this time, but under the
Subdivision Agreement, we have acknowledged... the condition which reads, "that
we will not sell any homes until the sewer system is complete." With —that language
was worked out with the City Attorney to make sure that we complied with that.
Their next contention that we have not complied with the Conditions of Approval,
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2008
relate to a survey of support. Condition No. 7 that was added by the City Attorney,
I mean by this Council, was in the alternative. We could either get...petition of
support or we could combloc—comply with Condition No. 5, which was the...installing
the sewer, which we are in the process of doing now. The next item is that there is
apparently a hearing coming up on the rent,...this final map has nothing to do with
that. Under the Donahue case, there is no action taken by reason of this map only.
It's only a final issue of the final public report, and then only when the owner offers
to sell or rent; so we are months away from that. The next item I have no
knowledge of, and I called everybody I could think of, and nobody knows what it
means, that there is an illegal settlement. According to the information I have, there
is no settlement. And the last is, no notice was provided to the residents, and I
verified while our —while we were waiting to be heard,...that the notice was
published, it was on-line, and so on. This is typically an administrative act once we
have shown that we have complied with all of the conditions; then the map would
be approved. We are required to provide notice 10 days after your action that the
map has been approved, obviously that's not occurred. I would be happy to answer
any questions,...and the —the engineer is here as well, if you have any questions on
the sufficiency of the map. Thank you.
RAS Does anybody have any questions of Ms. Loftin?
LSL Thank you.
RAS Thank you very much. I have a card from Jono Hildner.
JH Good afternoon, Mr. Mayor Pro Tem, City Council, my name is Jono Hildner, and
I'm a resident of Indian Springs Mobile Home Park. The homeowner association
has asked that I read you the letter that you've all been given from Aleshire &
Wynder. In part, because even our residents haven't seen that letter yet, because
we didn't find out that this rather important action to be taken by the City Council
this afternoon was even on the agenda. Nobody bothered to give us the courtesy
of a call, to say, "By the way, there is something important on City Council agenda."
Yeah, it was a public notice, but you got 250 people affected by this, and we didn't
know about it until this morning. So let me read this, if I may. We do have a
number of people who would be happy to continue this if I run a little long, but you
may want to just have one person. Just today, the Indian Springs Mobile
Homeowners' Association, the residents, first received notice of the City Council
anticipated approval of Resolution 08-91 and Parcel Map No. 31862, and
strenuously objects to the approval of the —for the forgo, for the foregoing reasons:
The Condition of Approval requires the Park to connect to the public sewer system,
and it has not been satisfied. Connection of the Park to the public sewer system
has not occurred. Resolution 08-91 and its corresponding staff report erroneously
state that the Condition of Approval No. 5 to the tentative map, which requires "that
the subdivider, prior to the sale of each unit, shall connect said unit to the public
sewer system and provide evidence of same to the purchaser has been satisfied
and based on that, recommends approval of the final map." That map, by the way,
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2008
doesn't show anything about sewers. Furthermore, the Subdivision Declaration of
Restrictions states that "each Condition of Approval of the City Council, pursuant to
the Planning Commission Resolution 05-18A, shall be terminated or deemed
satisfied, as required under the terms and conditions of each Condition of Approval.
The Park's connection to the public sewers has not been completed nor has the
Park posted a bond guaranteeing the faithful performance of the sewer connection,
pursuant to Govemment Code 66499.1, and thus, the Conditions of Approval
cannot be deemed satisfied. Since the map does not conform with the Conditions
of Approval, "the City shall disapprove the map"; and I've, she has quoted the
Government Code. Next, the Park has failed to submit a survey of support in
compliance with Government Code, again 66427.5(d). Said survey of support
should have been prepared in accordance with an agreement with the residents,
which has not been completed. Next, approval of the map at this time would
improperly utilize the residents' current disputed rents as tine base in calculating
post -conversion rents, pursuant to Govemment Code 66427.5(f). Residents are
scheduled to appear before the City of Palm Desert's Rent Review Commission on
September 22 to discuss the following three items: First, the Park's request for a
rent increase for capital improvement; second, the City Attomey's opinion regarding
how rents should be calculated; and third, regarding what we believe to be the
Park's August 1 CPI rent increase in excess of the opinion of the City Attorney.
Implementation of the City Attorney opinion would likely cause adjustments in both
current and past rents. Approval of the map today is untimely, as it would
improperly utilize the current disputed rents in calculating post -conversion rents.
Further, this approval is based on an illegal settlement. Ms. Loftin may not know
what that settlement is, but that settlement is part of the Court record in the case of
Indian Springs versus the City of Palm Desert. The...let me get back, reached by
City, by Indian Springs Limited, owner of Indian Springs Mobile Home Park and the
City, which attempted to condition settlement on the blanket approval of all rents
charged to the residents over the past 25 years. The residents objected to this
same illegal settlement on June 30, 2008, and we re -assert those objections today.
Finally, no notice was provided to the residents of the approval of the map, the
persons most impacted, most of the people in this audience today, and it prejudices
the Park's conversion. The residents request most seriously that you consider, that
the consideration of the map be continued to such date that the residents and their
legal counsel have an opportunity to consider the issues...be present to review all
appropriate documentation, and have an opportunity to state their objections. If you
have any questions, you can contact Sunny Soltani. We seem to have some history
that on this map, there may have been, at some time in the past, some easements
that we don't know if they ever got clarified, rectified, satisfied, but there are a lot of
problems, and I guess I speak for myself when I say that it bothers me, that an
issue of this magnitude would come before this Council without at least a courtesy
of a phone call to anybody representing the residents of the Park. I just find it not
what I consider good govemment. Thank you.
RAS Does anybody have any questions of Mr. Hildner? Seeing none, thank you very
much. Now would our City Attorney make his comments, please?
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2008
DJE Mr. Mayor, Members of Council...Ms. Loftin has pretty well echoed my comments
with regards to this. Council may note that the...this map is a condominium type of
map, one -lot subdivision. There is a...Improvement Agreement that would be
signed by Mr. Goldstein going along with it, which requires compliance with the
conditions. You note the condition, particularly as it relates to the sewer, is that this
sewer must be in prior to the sale of any unit. Mr. Goldstein will have to go through
not only the, the recording of this map, but also the Department of Real Estate with
regard to...his proposed development prior to being able to even sell any unit. The
agreement that is proposed...has been provided to Ms. Soltani of Aleshire &
Wynder so that she can see there is enforcement in that agreement...there would
be all of those conditions complied with at the appropriate time as set forth there.
The other item with regard to the survey...is, as Ms. Loftin has stated, there is the
alternative. The map itself does not impact the rents; the hearing is set for
September 22. I assume that the Rent Review Commission, at that date, will make
the appropriate findings, and they will...necessarily be then carried out. As it relates
to any settlement, there is no settlement. There are no documents that have been
signed in the form of settlement with the City or the Indian Springs Mobile Home
Park. The notice that was provided is our normal notice on a final map. When it
complies with the Tentative Map, it is a ministerial act of the Council. I'll be happy
to answer any questions.
RAS I have one. Is there any reason why these people that are residents of Indian
Springs weren't notified about this meeting tonight?
DJE There is no specific notice requirement required with regard to the final map. It is
a ministerial act, and the Council necessarily would be required to approve it, if it
complies with the Tentative Map, which has been approved.
RAS Thank you. Anybody else have any questions of our Attorney? Ask for comments?
RSK Well, if,...it may not be required that we notify them, but we notify a lot of people in
a lot of situations where it's not required just to, because we know it's...something
that they...are concerned with...as stated, it's a...courtesy that we have always kind
of abided by when we do, do a lot of different...road improvements, when we
change things in traffic situations or lots of different conditions.
RSK Any other comment?
JF Yeah, my...comment, as I guess...this whole situation is somewhat complicated in
that the map and the approval of the map, and the condition of a sewer was the
issue of one dispute. The hardship rent increase was a separate matter that's
handled by a separate body. The action by the Park residents against the Park
owner is yet another action that really has nothing to do with the underlying basis
of the map. As I understand it at this point, and I actually got an e-mail
here...relaying a conversation with Ms. Soltani after she wrote this letter...having
heard Mr. Erwin's explanation that she was in concurrence, that this was not going
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to prejudice the residents, and would allow, in fact, the Park owner to move forward
with putting in the sewer system that you folks have wanted for as long as I have
been working on this, which began in May 2005; so I'm 3 1/2 years into this. I'm
sensitive to Councilman Kelly's comment, we...don't do things that, particularly of
this magnitude, that have gone on this long without letting you folks know. In fact,
we had suggested that...we have a community meeting with all of you to discuss
this, and...I am told as recently as this afternoon, that your attorney had turned
down that request; that they felt that they did not want to talk to us to get the full
explanation of all the different vagaries of what's going on. And so, to the extent
that you read any benevolence, and to the fact that you didn't get the notice, none
was intended, and I certainly wouldn't even be thinking about voting on this if I didn't
think it was in your best interest and was what you asked for three years ago when
we first got started down this road. So, I don't —I won't put that as an apology,
because I don't think I've done anything wrong. But I... wish more of you would
have known about it and your attorney would have been more willing to let us sit
down with you and talk to you one on one about your future, because I know it's
very important to all of you, and I think it's a good future, but it starts with approval
of this map.
RAS Councilmember Finerty, wish to make comment?
CF Well, I certainly agree that there have been many times...where we have noticed
way outside of the area...when we have a contentious issue, and this is certainly,
would qualify. I don't know...l'm not privy to the e-mail that Councilman Ferguson
spoke of, which would be of the additional correspondence...from Ms. Soltani. So
I'm not sure what she's advising at this point, and if she's had a chance to
communicate with those who have retained her. If it is of help to continue the
matter for two weeks...I suppose 31/2 years later, it's not gonna' really matter. And
then that would give the people that retained Ms. Soltani time to go over it, because
as I'm understanding now, she is saying this isn't such a bad thing; and moving
forward with the map will allow us to finally move forward with the sewers. I also
understand that the Rent Review Commission has nothing to do with the map, that
that is a separate and distinct discussion. So I would...be in favor of waiting two
weeks to make sure that Ms. Soltani has had time to confer with those that retained
her, just to make sure that everyone is on board, and ask our staff in the future, if
anything comes up until this is finally settled...that Indian Springs...be given
appropriate notice.
JF Just a point of clarification, two of us, of the four of us will be gone at our next
meeting, and at the meeting after that, I will be gone, and Mayor Benson has to
recuse herself. So for all intents and purposes, for the four of us to even discuss
this matter again, which I'm not opposed to, would be likely more towards the first
of November than doing this today.
RAS I have a question of the...no more comments. I have a question of the people that
are sitting in the audience that live in Indian Springs. How many of you understand
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what was said tonight? What was said, by...the various attorneys and so on? See
I'm not an attorney. (Various members in the audience raised their hands.) So
what they're talking about, I assume, is just the map; that's the only thing that we're
looking at. (A lady in the audience stood up to speak). Please come forward and
give us your name and address please.
MI My name is Margo Iverson, I live at Indian Springs. This, what we're talking about
right now, this map being approved, it affects 100% of over 250 people; one
hundred percent of us. We don't know where are futures are. It would be nice for
the City to notify us of anything that has to do with Indian Springs.
RAS We...don't disagree with that. I think all four of us sitting up here agree 100% with
what you just said.
RSK One more question for the Attorney on this subject. What happens if we continue
this...it looks like it, maybe it would have to be continued all the way to November
if...what Mr. —Councilman Ferguson said?
DJE I don't know what the schedule of the developer might be with regard to this. You're
obviously going to delay him in any processing with the Department of Real Estate
or any other items.
RSK Have they started working on the sewers?
LSL Yes.
RAS Okay, well, that, they can continue to work on the sewers and resume.
CF A question. I understand that Councilman Ferguson will not be at our first meeting
in October and that Mayor Benson would need to abstain, but it would seem to me
that there would still be three of us.
RAS I won't be here. No, first week of October, I'II be here. I'll be here.
CF So, I'm wondering if it might be a good idea to continue it, then, for one month,
unless you feel that we need to wait until the second meeting of October?
LSL May I make a comment?
RAS Yes, please, state your case, if you can, even though you shouldn't.
LSL Thank you. Sue Loftin on behalf of the Applicant. They have started, and already
have some of the hookups done. Part of our being able to continue depends on
financing; our financing depends upon getting this final map. So if you,
unfortunately, if you delay this fora month or six weeks, or two months, or whatever,
that will result in having to halt on construction. And lastly, we would object to any
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continuance because the issue is ministerial. Did we comply with the conditions of
approval or not, and I believe the significant progress that's been made with the
sewer certainly shows that they intend...to comply and finish the sewer, but we do
need the money to finish it. Thank you.
RAS What's the pleasure of the Council?
RSK One more comment...also I want the City Attorney...that the, the finding of this map
has nothing to do with any of the issues that we're working on. It's something that
has to be done in order to put the sewers in and meet the requirement of the
developer to put sewers in.
RAS Is that right?
DJE That is complying with...the normal conditions when they filed the Tentative Map...
previously. This is a....
RSK It doesn't have anything to do with rate structure?
DJE No, it doesn't.
RSK And, and just a general comment. I was on the Council when we put Rent Control
in, and you know, the Council then and ever since, and always has been very
cognizant of the problem of...mobile home rent...situation. We understand that you
just can't pick up and move like you lived in an apartment, that's the reason we put
Rent Control in and formed the Rent Control Board. So you know...sometimes you
treat us like we don't care about you, but my goodness, I've spent hours and hours,
and hours working on, on problems to protect...mobile home...renters! Believe
me...the City spent a tremendous amount of money to assure that...mobile home
renters are treated properly. I think you would all be amazed at how much money
we actually spend to make sure that you're protected. And you know, sometimes
it gets very discouraging...myself here, who has spent maybe, I don't know, 20
years working very hard to protect...home, mobile home renters, and sometimes...it
almost feels like, "No good deed will go unpunished." So please understand that
we, we understand the problem you have, and we do all kinds of things to help, to
help you! In this situation, it is, we're really the ones that...that wanted to have the
developer put sewers in there in the beginning, and....everybody, I think realizes it
needs to have sewers; and in order to move ahead with doing this, we need to
approve this...this map.
RAS You wanna' make a motion?
JF Yeah.
RAS Go ahead.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2008
CF You know, I think the problem is because this has gone so long, and it's so
complicated, and there's been so many "he said, she said" that there is perhaps a
level of trust that should exist but doesn't exist. And that's one of the reasons why
we wanted to have the town hall meeting, because we wanted, as an entire Council,
to come to you and explain exactly what is going on, on your behalf, but we were
not allowed to do so, and that is unfortunate, because you are unable to learn how
we do have your best interest at heart.
(People in the audience were raising their hand for permission to speak.)
RAS I think we heard enough from the audience, I think we're ready to talk about it
individually, which we're doing.
JF I'd like to make a motion to approve the map. I...can't• underscore enough
everything that Councilman Kelly has said. It's difficult to sit here and have cynical
eyes looking at you when you spend three years of your life trying to help somebody
out, and you finally got the solution they asked you for, and they still accuse you of
not looking out for their best interest. That really, that's hard for me. Don't raise
your hand, please. I've been in touch with Mari Schmidt. I've been in touch with
many of your Park residents and your owners through e-mails, through phones
calls. I had my deposition taken three months ago; we went through every one of
those conversations. We originally required the condition, the Park owner said we
couldn't make him...put the sewer in, we said tough, we're gonna' require it anyway.
We got sued for it, we went to Court over it, then we got sued for damages as a
result of putting that condition on his map, and it went on, and on, and on. And then
finally, Mr. Goldstein said, "I'll put the sewer in, approve the map," we'll let the Rent
Review Board, which is a totally separate body from us, worry about the cross -
motions for rent increases, the City Attorney's letter, and now we're finally at the
point where they are finally putting the shovel in the ground and giving you what you
guys have been asking for, for years, if we would simply approve the map that a
Court has already said we have to approve. And as Ms. Loftin pointed out, it is a
ministerial act at this point. It's --it does mystify me a little bit --I don't know what
more we could do to help you, other than to have the town hall meeting that Ms.
Finerty discussed, and lay it all out for you, but your attorney said no. By the way,
for the record, I did get this letter from...at 11:37 a.m. this morning in my e-mail. So
happened to read it before I came to City Council, but with that, I'll make a motion
that we approve the map.
RAS Is there a second? Seeing no second, then your motion fails. I would like to make
a motion, if you, for just a second. Councilman Finerty...
RSK You're the boss, you're in charge.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2008
RAS Councilman Finerty said...there'll be three of us here the first meeting in October,
Councilwoman Benson, as you know, cannot be part of the discussion, that the City
set up a meeting with all the homeowners to explain exactly what's being done and
what the map —why the map is required, and do that between now and our first
meeting in October. Jim and I will not be here, this, second meeting in
Nov —September, because we're gonna' be in Long Beach at a League of California
Cities meeting. So we have to go to a meeting in Long Beach, so that's why we
won't be here, and that's why it wouldn't make sense to have two people make a
decision. So I will be here the first meeting in October, and...I will then make the
motion that we continue this item to the first meeting in October with a caveat, that
there be a meeting of all the residents, so that you can hear your —we can hear all
your concerns, and you can then hear why we think it's the right thing to do.
RSK I second that motion.
RAS Alright, we have a motion and a second to continue this to the first meeting in
October.
JF Clarification, the meeting with the residents would be before....
RAS Oh, yeah, before that, yes.
JF ...the meeting in October.
RAS We'll ask City staff to set the meeting up, give you all notices, and plenty of time to
give you all the time in the world to talk about your concerns, and that's what will
happen. Please vote.
RDK Motion carries 4-0, Mayor Benson absent.
For purposes of clarification:
Mayor Pro Tem Spiegel moved to continue this item to the meeting of October 9,
2008, with a meeting to be conducted with all Indian Springs Mobile Home Park residents
prior to that date in order to provide explanation for Parcel Map No. 31862. Motion was
seconded by Kelly and carried by a 4-0 vote, with Benson ABSENT.
XVII. PUBLIC HEARINGS
None
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MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2008
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
None
B. CITY ATTORNEY
None
C. CITY CLERK
None
D. PUBLIC SAFETY
o Fire Department
Battalion Chief Brooker provided a reminder and invited everyone to
the 9/11 Remembrance being held this evening in Civic Center Park
at 7:00 p.m.
o Police Department
Please refer to Section VIII - Oral Communications - B, where
Lt. Taylor introduced new Palm Desert Police Officers.
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Housing Commission - Councilman Kelly noted that as liaison
to the City's Housing Commission, a vacancy currently existed
there that could be filled by a gentleman who'd been attending
meetings. While he felt the gentleman would be a good choice
for filling the vacancy, he asked his colleagues if between now
and the next meeting, two other Councilmembers could
interview the applicant, then have an item on the agenda for
appointment.
Mayor Pro Tem Spiegel and Mayor Benson offered to interview
the applicant.
With City Council concurrence, Mayor Pro Tem Spiegel and Mayor Benson were
appointed to interview Mr. Wade Tucker for the vacancy on Housing Commission,
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2008
followed by having an item on the agenda for September 25, 2008, to make an
appointment if appropriate.
o City Council Committee Reports:
None
o City Council Comments:
1. Palm Desert Enerav Independence Proaram — Councilman
Ferguson commented that because he would be missing the
next two City Council Meetings, he wanted to report that since
approving the City's Energy Program at the last meeting, 24
applications have been processed, totaling around $1 million of
improvements. He said half of that amount represented solar,
the other half was for efficiency upgrades. That led him tb
agree with Mr. Ortega's comment earlier in the meeting that
marketing the Program didn't seem to be a problem at the
moment — it was extremely popular. He suspected there were
only 24 applications currently more as a matter of getting all the
paperwork filled out properly and submitted, with over 300
people still on the waiting list.
Mr. Ortega noted that staff would be returning to the City
Council to request more funding for the Program.
XIX. ADJOURNMENT
Mayor Pro Tem Spiegel moved to adjourn the meeting at 5:33 p.m. Motion was
seconded by Ferguson and carried by 4-0 vote, with Kelly : SENT.
ATTEST:
C LLE . KLAS EN, CITY CL�`RK
CITY OF PALM DESERT, CALIFORNIA
M. BENS • , MAYOR
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