HomeMy WebLinkAbout2009-08-27MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, AUGUST 27, 2009
CIVIC CENTER COUNCIL CHAMBER
73510 FRED WARING DRIVE, PALM DESERT, CA 92260
I. CALL TO ORDER - 3:00 P.M.
Mayor Spiegel convened the meeting at 3:00 p.m.
II. ROLL CALL
Present:
Councilmember Jean M. Benson
Councilman Jim Ferguson
Mayor Pro Tem Cindy Finerty
Councilman Richard S. Kelly
Mayor Robert A. Spiegel
Also Present:
John M. Wohlmuth, City Manager/RDA Executive Director
David J. Erwin, City Attorney
Justin McCarthy, ACM for Redevelopment & Housing
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
Janet M. Moore, Director of Housing
Mark Greenwood, Director of Public Works
Frankie Riddle, Director of Special Programs
Steve Brooker, Fire Marshal, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire
Bill Hunley, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire
Andrew Shouse, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's 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 AUGUST 27, 2009
IV. ADJOURN TO CLOSED SESSION
Request for Closed Session:
Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: Lease Property - Parkview Professional Office Complex,
73710 Fred Waring Drive, Suite No. 220, Palm Desert
Negotiating Parties:
Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert
Property Owner: City of Palm Desert
Other Parties: Environmental Products and Applications, Inc.
Under Negotiation: x Price x Terms of Payment
2) Property: APNs 637-190-010, 637-190-011, 637-190-002, 637-190-016,
637-020-006, 637-020-010, 637-020-011, 637-020-015,
637-020-017, 637-020-019, 637-190-018, 637-190-021,
637-190-024, 637-190-027, and 637-081-020
Negotiating Parties:
Agency: Justin McCarthy/City of Palm Desert/
Palm Desert Redevelopment Agency
Property Owner: PDCC Development LLC
Under Negotiation: x Price x Terms of Payment
Conference with Legal Counsel regarding existing litigation pursuant to
Government Code Section 54956.9(a):
a) PDCC Development LLC, Petition for Bankruptcy, United States
Bankruptcy Court, Central District of California
Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(b):
Number of potential cases: 2
Conference with Legal Counsel regarding significant potential to initiate litigation
pursuant to Government Code Section 54956.9(c):
Number of potential cases: 4
Public Employment pursuant to Government Code Section 54957:
Title of Position: City Manager
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
Mayor Pro Tem Finerty asked to add an item to this meeting's agenda, a request
to endorse Senator John Benoit for Supervisor Roy Wilson's Fourth District seat on
the Riverside County Board of Supervisors, in keeping with Supervisor Wilson's
wishes for this to occur.
Mayor Pro Tem Finerty moved to, by Minute Motion, add a request for the City
Council to endorse Senator John Benoit for Supervisor Roy Wilson's seat on the Riverside
County Board of Supervisors as Item T to Section X - Consent Calendar on today's
agenda. Motion was seconded by Ferguson and carried by 5-0 vote.
With City Council concurrence, Mayor Spiegel adjourned the meeting to Closed
Session at 3:01 p.m. He reconvened the meeting at 4:00 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 - Councilman Richard S. Kelly
VII. INVOCATION - Councilman Jim Ferguson and Mayor Pro Tem Cindy Finerty
VIII. ORAL COMMUNICATIONS - B
None
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
-A. INTRODUCTION. OF THE PALM DESERT FIRE DEPARTMENT'S NEW
BATTALION CHIEF, BILL HUNLEY.
Fire Marshal Brooker introduced Chief Hunley to the City Council. He related
that Chief Hunley had an excellent background in fire service, beginning his
career as an EMT in the Los Angeles area, followed by going to Paramedic
School. He moved to the Desert in 1983, working for Springs Ambulance
Company and as reserve for the Palm Springs Fire Department, then he
went to work for the Indio Fire Department , which subsequently transitioned
into Cal Fire. He promoted up through the ranks and has worked with the
Conservation Camp Program, most recently as a Captain in the Special
Operations Training Bureau, and he is also currently a Captain at Station 50
in Rancho Mirage. Chief Hunley is a longtime Desert resident with his family,
the Fire Department was pleased to have this outstanding fire officer in its
ranks and now to be working with Palm Desert.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
Mayor Spiegel welcomed Chief Hunley, who responded that he was very
pleased to be working with the City as well.
B. REQUEST FOR APPROVAL OF A RECOMMENDATION FOR THE CITY
OF PALM SPRINGS CITY COUNCIL TO REAPPOINT ROLF HOEHN AS
THE CITY OF PALM DESERT'S REPRESENTATIVE TO THE
PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR A
THREE-YEAR TERM, JULY 2009 - JUNE 2012.
Councilman Ferguson moved to, by Minute Motion, recommend Rolf Hoehn be
reappointed as the City of Palm Desert's Representative to the Palm Springs International
Airport Commission for a three-year term, July 1, 2009, through June 30, 2012. Motion
was seconded by Finerty and carried by a 5-0 vote.
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meetings of July 9, July 23, and
August 13, 2009.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 299, 1, 5, 9, 10, 14, 17, 18, 21, 25, 26, 29, 32, 33, 35, 38, 39, 42, 47,
and 49.
Rec: Approve as presented.
C. CLAIM AGAINST THE CITY (#6461 by LMI Co., LLC, Royce International
Investment Company, Severin & Company LLC, and Palm Desert -Villa
Portofino I, LLC, In Excess of $100 Million.
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so
notify the Claimants.
D. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months
of April 2009 and May 2009 (Joint Consideration with the Palm Desert
Redevelopment Agency).
Rec: Receive and file.
E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Emerald Golf &
RV Resort, 76-000 Frank Sinatra Drive, Palm Desert.
Rec: Receive and file.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by The Hood,
73-850 Highway 111, Suite A, Palm Desert.
Rec: Receive and file.
G. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Audit, Investment & Finance Committee Meetings of April 28, and
May 26, 2009.
2. Library Promotion Committee Meeting of March 18, 2009.
3. Parks & Recreation Commission Meeting of June 2, 2009.
Rec: Receive and file.
H. REQUEST FOR DECLARATION of Surplus Property and Authorization for
Disposal — Miscellaneous Office and Electronic Equipment.
Rec: By Minute Motion, declare the items listed on the accompanying staff
report's Exhibit "A" as surplus property and authorize disposal as
appropriate.
I. REQUEST FOR APPROVAL of the Purchase of Disaster Recovery Solution
Software from SunGard Public Sector.
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
REQUEST FOR APPROVAL of Change Order No, 1_ to Contract
No. C29050 — Tenant Improvements at the Parkview Professional Office
Complex, 73-710 Fred Waring Drive, Suite No. 102.
Rec: By Minute Motion, approve Change Order No. 1 in the amount of
$3,487.18 to the subject contract with Woodburn Construction,
Arcadia, California, to refurbish Tenant Improvements at the State of
California Department of Rehabilitation, Suite No. 102 at the Parkview
Office Complex, and appropriate said funds from Fund 510 for this
purpose.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
K. REQUEST FOR AUTHORIZATION for the Mayor to Execute the Bill of Sale
and Declaration Document for Coachella Valley Water District for Water and
Sewer Facilities Constructed in Association with the Section 29 Assessment
District 2004-02 (Project No. 627-05).
Rec: By Minute Motion, authorize the Mayor to execute the Bill of Sale and
Declaration Document for Coachella Valley Water District for Water
and Sewer Facilities constructed in association with the Section 29
Assessment District 2004-02.
L. REQUEST FOR AUTHORIZATION for Staff to Use the PM10 Deposit from
WL Homes, LLC, to Stabilize the Project Site for Tract Map No. 34626 (The
Campus).
Rec: By Minute Motion, authorize staff to use the PM10 Deposit from
WL Homes, LLC, to stabilize the project site for Tract Map No. 34626
(The Campus).
M. REQUEST FOR AUTHORIZATION to Release Improvement Security for
Sacred Heart Church and Accept a One-year Maintenance Bond Case
No. CUP 04-13 (Sacred Heart Church and Orr Builders, Applicants).
Rec: By Minute Motion, release the improvement security posted for
Sacred Heart Church for Case No. CUP 04-13 and accept a one-year
maintenance bond in its place.
N. REQUEST FOR AUTHORIZATION to Release Performance Security for
Segovia of Palm Desert, LLC, Case No. PP 07-15 (Segovia of Palm Desert,
LLC, Applicant).
Rec: By Minute Motion, release performance security for Segovia of
Palm Desert, LLC, for Case No. PP 07-15.
O. REQUEST FOR APPROVAL of the Possession and Consumption of Wine
in Connection with Art Exhibition Receptions to be held in the Palm Desert
Community Gallery of the Palm Desert Visitor Center Between October 2009
and June 2010.
Rec: By Minute Motion, permit the possession, serving, and consumption
of wine in connection with the opening receptions for art exhibitions
to be held in the Palm Desert Community Gallery of the Palm Desert
Visitor Center: October 19, 2009 - "Beloved Desert - Golden Oasis
and Desert Sandscapes;" December 7, 2009 - Coachella Valley
Watercolor Society; February 1, 2010 - "Desertscapes;" and June 7,
2010 - "Walking Tall."
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
P. REQUEST FOR APPROVAL of Beer Concession for the Palm Desert Golf
Cart Parade on October 25, 2009.
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
Q. REQUEST FOR AUTHORIZATION of Out -of -State Travel for Risk Manager
to be Presenter at Oregon Chapter Risk and Insurance Management Society
September Meeting, Portland, Oregon.
Rec: By Minute Motion, authorize the Risk Manager to travel to Portland,
Oregon, as an invited speaker for the Risk and Insurance
Management Society (RIMS) Oregon Chapter Meeting on
September 17, 2009, in an amount not to exceed $330 — funds are
available in Account No. 110-4260-422-3120.
R. REQUEST FOR APPROVAL of a Memorandum of Understanding (MOU)
Between the Joslyn Senior Center and the City of Palm Desert as it Relates
to the Maintenance of the Center's Lawn Bowling Green (Contract
No. C29180).
Rec: By Minute Motion: 1) Approve the subject MOU between the
Joslyn Senior Center and the City of Palm Desert as it relates to
Maintenance of the Center's Lawn Bowling Green, substantially as to
form; 2) authorize the Mayor to execute the finalized agreement;
3) allocate $10,000 from the Unobligated General Fund Reserves for
this MOU.
INFORMATIONAL ITEMS TO RECEIVE AND FILE:
1. Report of Media Placements and Public Relations Activities by
Nancy J. Friedman Public Relations.
2. Report Regarding the Complete Count Committee
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
NOTE: THE FOLLOWING ITEM WAS ADDED TO THE CONSENT CALENDAR BY 5-0
VOTE AT THE CONVENING OF THIS MEETING.
T. CONSIDERATION of Request for the City Council's Endorsement of
Senator John Benoit for Supervisor Roy Wilson's Seat on the
Riverside County Board of Supervisors.
Rec: By Minute Motion, provide the Palm Desert City Council's
endorsement of Senator John Benoit for the Fourth District seat
formerly held by Supervisor Roy Wilson on the Riverside County
Board of Supervisors and authorize the drafting and transmitting of
letters to this effect to Governor Arnold Schwarzenegger.
Councilman Kelly asked that Item I be removed for separate consideration
under Section XI, Consent Items Held Over. Mayor Spiegel asked that Item
P also be removed for separate consideration.
Upon a motion by Finerty, second by Ferguson, and 5-0 vote of the City Council, the
remainder of the Consent Calendar was approved as presented.
XI. CONSENT ITEMS HELD OVER
I. REQUEST FOR APPROVAL of the Purchase of Disaster Recovery Solution
Software from SunGard Public Sector.
Councilman Kelly stated there hadn't been an earthquake in 30+ years, and
it seemed that a $5,000 start-up fee and $1,300 monthly charge was quite
an expense for something that may only happen in an isolated area and
people would come from everywhere to assist. He said it was an expense
that was not required.
Information Systems Manager Clayton von Helf agreed, but the cost also
included coverage for any type of system outage. For instance, if the AC unit
in the server room were to fail and the servers were burned, this recovery
solution would cover the City under that circumstance as well, which also
included floods, fires, or any type of system outage.
Councilman Kelly said the City had 160 employees, a Fire Department, and
Police Department to assist.
Mr. von Helf stated this was an insurance policy if anything were to go wrong
and also safeguard the City's business licenses, building permits, and
financial documents, so that staff would be able to access them on-line over
the internet while the new server was being replaced and installed. Further
responding, he said the $1,300 monthly fee guaranteed space inside a data
rack in Florida.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
Councilman Ferguson said that was simply taking the back-up tapes, which
were designed for the very purpose mentioned and moving them to Florida,
He said Florida was 3,500 miles away and more prone to natural disasters.
He asked if a local vendor was able to provide the same service.
Mr. von Helf replied the City was still backing up locally, but there wasn't a
local vendor that was compatible with SunGard, the City's software provider.
He said the I -Series Server was somewhat specialized, which was what this
software ran on, and it wasn't something one could go to Circuit City or Best
Buy to pick up, and other vendors in California were too expensive. He said
Casinos, ATM's, and high -end businesses ran on the AS400, and their data
recovery and data back-up fees were considerably higher than what was
being proposed.
Councilman Kelly moved to deny the recommendation to purchase Disaster
Recovery Solution software from SunGard Public Sector. Motion was seconded by
Ferguson and carried by a 4-1 vote, with Spiegel voting NO.
Mayor Spiegel noted that Item H included a list of surplus items and most of
them were obsolete. He wondered about the few items that were still good.
Mr. von Helf responded that local nonprofit organizations and schools had
been contacted to see if they were interested in any of the good items.
P REQUEST FOR APPROVAL of Beer Concession for the Palm Desert Golf
Cart Parade on October 25, 2009.
Mayor Spiegel reported that this year the Golf Cart Parade will have a beer
garden, which it didn't last year. The Palm Desert Chamber of Commerce
went out to look for a group to run the beer garden, and the only group
recognizable was La Quinta Rotary. In checking with theother two rotaries
in Palm Desert, one didn't have the manpower and the other one didn't want
to split the profits with the Chamber. Mayor Spiegel said he asked the
Chamber Board if they would give the concession to do the wine and beer
at the La Quinta Art Festival that the City might be willing to do the beer at
the Chamber, but that didn't work out either, so it appeared the La Quinta
Rotary will be running the beer garden at the Golf Cart Parade this year.
Mayor Spiegel moved to, by Minute Motion, permit the sale, possession, and
consumption of alcoholic beverages on City -owned property in connection with a special
event, the Palm Desert Golf Cart Parade, scheduled to be held on October 25, 2009.
Motion was seconded by Ferguson and carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
XII. RESOLUTIONS
A. RESOLUTION NO. 09-59 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL
YEAR 2008-2009 BUDGET AMENDMENT TO PROVIDE TRANSFER,
APPROPRIATION, AND ESTIMATED REVENUES OF UNOBLIGATED
FUNDS FROM THE GAS TAX, FIRE TAX, PUBLIC SAFETY POLICE
GRANT, COMMUNITY DEVELOPMENT BLOCK GRANT, PARKVIEW
OFFICE COMPLEX, CITY-WIDE BUSINESS PROMOTION, AND THE
GENERAL FUND.
Mr. Gibson stated that each year after reviewing the various funds, staff
returns to Council for a budget adjustment to reflect actual expenditures. For
example, the City Manager's budget was adjusted to reflect former City
Manager Carlos Ortega's retirement vacation/sick time payouts, which was
obviously an increase in cost that was not expected, including additional
Legal Services, etc.
Councilman Ferguson moved to waive further reading and adopt Resolution
No. 09-59. Motion was seconded by Benson and carried by a 5-0 vote.
B. RESOLUTION NO. 09-60 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION
NO. 07-80 AS IT RELATES TO THE BUILDING & SAFETY FEE
SCHEDULE FOR NATURAL GAS POOL HEATER REPLACEMENT
PERMITS.
Councilman Kelly moved to waive further reading and adopt Resolution No. 09-60.
Motion was seconded by Ferguson and carried by a 5-0 vote.
_ _C. RESOLUTION NO. 09-61 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AS LEGISLATIVE BODY OF
THE CITY OF PALM DESERT COMMUNITY FACILITIES DISTRICT
NO. 2005-1 (UNIVERSITY PARK), DECLARING ITS INTENTION TO
REMOVE CERTAIN DELINQUENT SPECIAL TAXES FROM THE COUNTY
TAX ROLL AND ORDERING JUDICIAL FORECLOSURE PROCEEDINGS
AGAINST CERTAIN DELINQUENT PROPERTY WITHIN THE COMMUNITY
FACILITIES DISTRICT.
Mr. Gibson stated the City was required to foreclose upon properties over a
certain threshold amount, and in this particular District, the City had more
than $61,000 worth of properties in delinquencies. He said approval of this
item would allow the City to move forward with the process of foreclosure.
Councilmember Benson moved to waive further reading and adopt Resolution
No. 09-61. Motion was seconded by Kelly and carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
D. RESOLUTION NO. 09-62 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, DECLARING AND
PROVIDING FOR THE DISPOSITION OF SURPLUS IN THE
IMPROVEMENT FUND IN CONNECTION WITH THE CITY OF
PALM DESERT HIGHLANDS UNDERGROUNDING DISTRICT NO. 04-01.
Mayor Spiegel noted he lived in the Highlands Undergrounding District and
recused himself and left the Council Chamber.
Councilman Ferguson moved to waive further reading and adopt Resolution
No. 09-62. Motion was seconded by Kelly and carried by a 4-0 vote, with Spiegel
ABSENT.
XIII. ORDINANCES
For Introduction:
None
For Adoption:
A. ORDINANCE NO. 1191 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 5.08 -
DECEPTIVE TRADE PRACTICES AND "GOING OUT OF BUSINESS"
SALES TO THE PALM DESERT MUNICIPAL CODE.
Mayor Pro Tem Finerty moved to waive further reading and adopt Ordinance
No. 1191. Motion was seconded by Kelly and carried by a 5-0 vote.
Councilmember Benson requested notice go out to all the radio stations as
well as businesses about the new regulation.
Ms. Aylaian agreed to do as directed.
Councilmember Benson moved to, amend the motion, and to waive further reading
and adopt Ordinance No. 1191, with additional direction that staff provide ample notice to
businesses and the media to inform of this new regulation. Motion was seconded by Kelly
and carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
B. ORDINANCE NO. 1192 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING
ORDINANCE AMENDMENT, ADDING CLARIFYING LANGUAGE TO
SECTION 25.112 OF THE PALM DESERT MUNICIPAL CODE -
EXCEPTIONS BASED ON UNCONSTITUTIONAL TAKINGS Case
No. ZOA 09-253 (City of Palm Desert, Applicant).
Mayor Pro Tem Finerty moved to waive further reading and adopt Resolution
No. 1192. Motion was seconded by Ferguson and carried by a 5-0 vote.
XIV. NEW BUSINESS
A. REQUEST FOR CITY COUNCIL REVIEW, OF AN ARCHITECTURAL
REVIEW COMMISSION ACTION, DENYING A REQUEST TO PARK A
RECREATIONAL VEHICLE IN THE FRONT YARD LOCATED AT
42-870 VIRGINIA AVENUE (Linda Recupero, Applicant).
Assistant Planner Kevin Swartz stated the subject property was located
within Palm Desert Country Club, left of Washington Street and north of Fred
Waring Drive. He displayed several photographs of the Applicant's property
and Recreational Vehicle (RV) on Virginia Street. He said in order to park
a RV on the property it had to be approved by the Architectural Review
Commission (ARC). The Ordinance states that if there is no room to store
a RV on the site or rear yard, then the ARC may approve and issue a permit
to park it in the front yard provided that an appropriate fence, wall, gate and
door, landscaping, or combination thereof is deemed adequate to screen the
vehicle from adjacent lots. On May 29, 2009, the Applicant submitted an
Application to store a RV on the property after receiving a Notice of Violation
from Code Enforcement. On June 9, 2009, the request was denied on a 4-2
vote by the ARC because it did not believe the RV could be adequately
screened. Staff recommended that the City Council reaffirm the ARC
decision of denying the request to park a RV in the front yard. He concluded
his presentation and offered to answer questions.
Councilman Kelly asked if there was room to move the RV back beside the
house.
Mr. Swartz responded the ARC had also asked that question, and the
Applicant's was willing to make the changes to move the RV to the back of
the yard, but that there would be cost associated because of the chimney
there.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
MS. LINDA RECUPERO, Applicant, noted she had additional photographs
to show the Council. She pointed out that when she went to the City to apply
for the permit to build the fence to screen the RV, no one told her there was
an ARC approval process. She was under the impression that all she had
to do was build a fence. At that time, she asked how high the fence had to
be and what it had to be made out of. She was told it had to be a wrought
iron fence, so she put up a wrought iron fence. She said her RV had been
parked for at least six months before City personnel came to her home. She
said the people living across from her home had obtained a trailer and had
questioned her on her permits. She showed the neighbor her permits, and
he pointed out to her that the permit was for a fence and not for parking the
RV on site. She then went to the City to inquire and that's when she learned
about the ARC approval process. When she was finally before the ARC, she
was told the RV was not adequately screened; however, putting up the fence
were her only instructions from the City in the first place. She displayed
current photographs of her home, stating she lived in her home since 1982,
and it's always been landscaped and well kept. She asked the Council for
an opportunity to screen the RV and hide it. However, she went on to say
it would be a challenge to move the RV back because that would only give
her three inches on each side of the wall. She said she had contacted all her
neighbors and none were opposed to having the RV parked in her driveway.
She said the RV had been parked in her driveway since 2007, and she had
never been cited. It wasn't until the neighbor bought their trailer that the City
started inquiring about her RV. She displayed more photographs of her home
and RV to show the Council the California Cherry plants placed in front of the
gate that would grow 12-feet high and eventually screen the entire RV.
Because the ARC questioned her about what she would do about screening
the fence, she offered to put up a solid fence, but it was suggested to her to
put potted plants in front of the gate, which she did. She said the plants will
grow to be a hedge in the front side of her yard. She said she had a list -of
the addresses and phone numbers of the residents who told her they didn't
have a problem with her RV.
Councilman Kelly asked if it was possible to move the RV back further into
the property.
MS. RECUPERO provided a lengthy explanation about the challenge of
having a chimney and utility box to contend with, and that she didn't want to
store her RV due to previous bad experiences with storage facilities; RV was
damaged and battery was stolen. Responding to question, she said it was
not possible to move the RV back further into the yard.
Mayor Spiegel asked if the Applicant had presented to the ARC the
California Cherry plants as an option.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
MS. RECUPERO answered she had not. The only things she provided were
her documents with the stamp approval from the water company. She was
told by the water company that the fence required a 15-feet setback from the
sidewalk, and she actually went five feet further. One thing she didn't
mention at that meeting was that she bought her RV in 2007, and it had been
parked there for six or seven months. The day after she bought the RV, a
City representative told her she could keep the RV where it was parked as
long as it was kept clean and no one complained. Six months ago, City staff
informed her she couldn't park her RV where it was parked and that she
needed City approval. She went to the City and was told to put up a fence,
and now she was being told it wasn't screened properly.
MR. FRANK TAYLOR, resident of Palm Desert Country Club (PDCC), stated
he had already spoken to the ARC and Planning Commission regarding this
matter. He was in favor of reaffirming the ARC decision. He said most of
the lots within the PDCC were about 6,000 square feet each and did not hold
RV's very well because most Tots didn't have room on the side of the
properties. He displayed a photograph of a RV parked on a side street
(corner of Wyoming and Delaware) and believed a couple of years ago it was
presented to the Council as an appeal. At that time, there was a request to
put bushes up for screening. He presented a photograph that illustrated how
those bushes had grown more than 12 feet. The intention of the resident
was to go against what the Council had agreed upon at that time, which was
to not allow RV's to park in public view. Bottom line was that he didn't like
RV's parked in front yards, and in Palm Desert County Club there are
multiple areas where they are being parked, but there isn't anyway to screen
them. He understood the Applicant had problems regarding storage, but he
too had a RV, and he paid for storage. He believed storage units throughout
the Coachella Valley were secure and allowed for RV storage. He said these
issues had generated the need for a moratorium on RV permits, which was
another item on the Agenda this evening, but regardless, he felt the
Ordinance still needed a lot of work. He said the Council should deny the
Applicant's request and have the Applicant return if the Ordinance is
revisited.
Councilman Ferguson moved to, by Minute Motion, reaffirm the action of the
Architectural Review Commission and deny the request to park a recreational vehicle in
the front yard of a single-family residence located at 42-870 Virginia Avenue behind a
wrought -iron fence. Motion was seconded by Finerty and carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
B. REQUEST FOR AUTHORIZATION OF THE ANNUAL PURCHASE OF
GRASS SEED FOR CITY PARKS AND DESERT WILLOW GOLF COURSE.
Councilmember Benson moved to, by Minute Motion, authorize the purchase of
262,800 pounds of grass seed from Crop Production Services Inc., La Quinta, California,
in the amount of $196,151.29 (including tax, shipping and handling) —funds are available
in Account Nos. 110-4610-453-2190 ($7,750.93), 110-4611-453-2190 ($7,750.94), and
110-4611-453-3371 ($10,000), for the City's portion of seed in the amount of $25,501.87,
with the balance to be funded by Desert Willow in the amount of $170,649.42 from Account
Nos. 80710-5600-100 and 80710-5600-105. Motion was seconded by Ferguson and
carried by a 5-0 vote.
C. REQUEST FOR ADOPTION OF RESOLUTIONS OF THE CITY COUNCIL
AND REDEVELOPMENT AGENCY REGARDING FUNDING OF PHASE 2
LOANS FOR THE CITY OF PALM DESERT ENERGY INDEPENDENCE
PROGRAM (JOINT CONSIDERATION WITH THE PALM DESERT
REDEVELOPMENT AGENCY).
Mr. Gibson stated this item was the second series of Redevelopment Bonds
for investment into the City's Energy Program by buying loans already lent
out for the Palm Desert Energy Independence Program. As of this date, the
City had $1,136,000 worth of loans, which will free up additional monies to
lend out again.
Mayor Pro Tem/Vice Chairman Finerty moved to waive further reading and adopt:
1) City Council Resolution No. 09-63, providing for the issuance and sale of Limited
Obligation Improvement Bonds in principal amount not to exceed $1,500,000, approving
as to_form and authorizing the execution and delivery of a Bond Purchase Agreement in
connection therewith, and authorizing certain other matters relating thereto;
2) Redevelopment Agency Resolution No. 562, authorizing the Redevelopment Agency's
investment in and purchase of the City of Palm Desert's Energy Independence Program,
Limited Obligation Improvement Bonds, Series 2009B (Taxable), approving as to form and
authorizing the execution and delivery of a Bond Purchase Agreement in connection
therewith, and authorizing certain other matters relating thereto. Motion was seconded by
Kelly and carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
D. REQUEST FOR AUTHORIZATION TO PROVIDE FOR A SAFEKEEPING
SET -ASIDE FUND FOR THE PALM DESERT FINANCING AUTHORITY'S
ENERGY INDEPENDENCE PROGRAM VARIABLE RATE DEMAND LEASE
REVENUE BONDS, SERIES 2009 (FEDERALLY TAXABLE), IN
CONNECTION WITH DEVELOPER CLAIM AGAINST THE CITY, AND
APPROVAL OF RELATED DOCUMENTS (JOINT CONSIDERATION WITH
THE PALM DESERT FINANCING AUTHORITY).
Councilman/Member Ferguson moved to waive further reading and adopt:
1) Financing Authority Resolution No. FA-65, supplementing Resolution No. FA-63 to
provide for a Safekeeping Set -aside Fund for its Energy Independence Program, Variable
Rate Demand Lease Revenue Bonds, Series 2009, in connection with developer claim
against City; approving related changes to certain documents in connection therewith; and
authorizing certain other matters relating thereto; 2) City Council Resolution No. 09-64,
supplementing Resolution No. 09-53 to provide for a Safekeeping Set -aside Fund for the
Palm Desert Financing Authority's Energy Independence Program, Variable Rate Demand
Lease Revenue Bonds, Series 2009; approving related changes to certain documents in
connection therewith, and authorizing certain other matters relating thereto. Motion was
seconded by Finerty and carried by a 5-0 vote.
Councilman/Member Kelly said he voted yes but didn't see the need,
because he didn't believe the City of Palm Desert would go broke.
E. REQUEST FOR APPROVAL OF THE DESERT RECREATION DISTRICT'S
REQUEST TO ADJUST FEES ASSOCIATED WITH THE CITY OF PALM
DESERT'S FACILITIES.
Parks Facilities Manager Jay Niemczak noted the staff report' and the
request for adjustment of fees associated with the City .of Palm Desert
recreation facilities by the Desert Recreation District (DRD). He noted
Mr. Kevin Kalman with DRD was present to answer any questions as well.
Mayor Pro Tem Finerty expressed appreciation for allowing sworn officers,
municipal employees, and active military to attend at no cost, which she
thought was the appropriate thing to do.
Councilman Ferguson moved to, by Minute Motion, approve the Desert Recreation
District's request to adjust fees associated with the City of Palm Desert's Facilities, as
illustrated on the accompanying staff report exhibit. Motion was seconded by Finerty and
carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
REQUEST FOR AUTHORIZATION OF THE DESERT RECREATION
DISTRICT "DESERT ROCK" CONCERT SERIES IN THE PALM DESERT
CIVIC CENTER PARK AMPHITHEATER.
Parks Facilities Manager Jay Niemczak noted the request by Desert
Recreation District (DRD) to hold a concert series at the Civic Center Park.
He said for the past four years the DRD had been holding the concert with
approval from previous City Manager Carlos Ortega. With the City having a
new City Manager, staff felt it would be appropriate to bring it before the
Council for approval. Responding to question, he confirmed it was two
concerts: Dave Mason and John Waite. He noted Mr. Craig DeWitt from
Desert Recreation District was available to answer questions.
Councilman Ferguson moved to, by Minute Motion: 1) Authorize the Desert
Recreation District to hold its 4th Annual "Desert Rock" Concert Series in the Palm Desert
Civic Center Park Amphitheater; 2) authorize Desert Recreation District to provide food
vendors at the event; 3) approve contribution of Sheriff's Department services in the
amount of $1,059.04. Motion was seconded by Kelly and carried by a 4-1 vote, with
Finerty voting NO.
G. REQUEST FOR DIRECTION ON WAIVING THE THREE-YEAR
PAVEMENT EXCAVATION MORATORIUM TO ALLOW THE GAS
COMPANY TO PERFORM NON -EMERGENCY EXCAVATION ON
PITAHAYA STREET.
Mr. Greenwood stated the City had a long-standing Ordinance which
imposed a moratorium on cutting trenches into streets for a period of three
years after being paved. Pitahaya Street was paved in November 2007, so
the moratorium would run through November 2010. The City was
approached by The Gas Company and requested an encroachment permit
to do some non -emergency trenching and pipeline work. Staff reviewed their
application and determined that because it fell within the moratorium period,
the request was denied. The Gas Company acknowledged that it was not
an emergency, it was routine work, and that the work could wait, but staff felt
this matter should be brought to the attention of the City Council based on
the request by a resident that the work be done sooner.
Mayor Spiegel asked if The Gas Company would re -pave whatever was torn
up, if Council approved the Application.
Mr. Greenwood responded a condition could be imposed to have them
re -pave half of the street that was trenched or have them do the entire width
of the street.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
MS. MARLA PAASCH, Pitahaya Street, Palm Desert, CA, stated this item
included the streets of Pitahaya, Hedgehog, Edgehill, Shadow Mountain, and
Beavertail. In November 2007, Pitahaya and adjoining streets were
re -paved, and at that time the City did not have The Gas Company conduct
a street sweep to check for any gas leaks. In May 2008 there was a gas leak
found on Pitahaya Street that had decimated five yards, which took out
vegetation, and made worms come to the surface, and it was found in her
house; gas leaks can explode between the ranges of 13 to 17 percent. She
spoke to the man who was doing the trenching, and he indicated it had to do
with metal couplings and the fact that her house was the oldest house on
Pitahaya Street from 1959, which was all metal. The previous owner, had
the City install sewer and gas in the area. The house next door was from the
1970's, and it had Teflon piping. In the 1970's, Teflon piping to the metal
was not what it is today, which she believed to be the problem. She said the
piping was six feet wide going down the middle of the street and into her yard
and into her house. She complained to The Gas Company but got nowhere
with them because it's a huge expensive job, which was what she was told.
She cannot smell the gas, but it seemed everyone else from the
neighborhood had been calling The Gas Company because apparently there
were also four broken gas meters in that area at that time. Another neighbor
complained about being charged for gas services, yet they had a gasless
system. The Gas Company tested her yard four days after the gas was
plugged from the street, and her house is 20 yards away from the original
gas leak, and was told that it decimated all the yards, including hers. They
put a probe right next to her son's door, and it came up positive. Her son
has asthma, but learned that fainting was not a symptom of asthma. She's
been protesting The Gas Company to do something about it to no avail. She
contacted Risk Manager Gary Rosenblum and apparently the City Council
doesn't talk to The Gas Company, yet she paid taxes to the City. She was
told what the Gas Company had underground was their business. She said
she was a single mother trying to get the gas couplings underneath the
streets fixed. She stopped talking to The Gas Company in October 2008,
and about a month ago, they apparently came to the conclusion that maybe
they needed to fix this problem on Shadow Mountain. Five years ago there
was a fire in the street, which the Fire Chief was probably aware of because
it was called in and found that it was a gas leak. She was told that when this
happens the ground becomes calcified and probably proof of this exists, but
it is her assumption that it is attributed to bad piping. She said the City
Manager mentioned she was complaining about a gas leak at this time,
which was incorrect, she's complaining about the infrastructure. The Gas
Company now wants to revamp 32 homes in the area, and she didn't know
who would pay to have the street re -paved and didn't care, because her
main concern was to have the structure fixed. She said any help at this point
was welcomed, but that she was not at her last straw and would continue
with this issue until she found an answer.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
Mayor Spiegel asked if The Gas Company was willing to trench the street.
Mr. Greenwood replied The Gas Company applied for an Encroachment to
do the work at no cost to the City. Further responding, he agreed to impose
a condition on The Gas Company that they be responsible for paving half of
the street or the entire street where the trenching is done. Staff would need
Council action this evening if that is the directive.
MS. PAASCH requested that the trenching go all the way to the Shadow
Mountain area, because she believed it was something that went far deeper
than what it appeared.
Councilman Ferguson asked if the City had any correspondence or
documentation from The Gas Company as to why they would do this or
whether it can verify there was gas leaking.
Mr. Greenwood responded that City staff had spoken to The Gas Company
by phone and it had phone notes, and The Gas Company's Application for
Encroachment, which included some information. Further responding, he
said The Gas Company had never acknowledged anything about a gas leak
and only indicated this was a routine maintenance and upgrade of the
system. He noted The Gas Company wouldn't normally discuss any type of
gas leak with the City.
Councilmember Benson stated she was in favor of having The Gas
Company do the work as long as they restored the street to the way they
found it.
Mayor Spiegel agreed, stating he was afraid of denying the request and then
have a bomb go off on Pitahaya Street because of a gas leak.
Councilmember Benson moved to, by Minute Motion, to allow The Gas Company
to perform non -emergency excavation on Pitahaya Street, with additional condition that
The Gas Company be required to repair/re-pave the street to its original condition after
excavation is completed. Motion was seconded by Spiegel and carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
H. REQUEST FOR APPROVAL, OF THE CITY OF PALM DESERT 2009
CONCERT AND MOVIE SCHEDULE.
Councilmember Benson pointed out that the Summer movie schedule was
cut out, which was an economy move, and the new fall schedule was a
gesture to have some type of entertainment during these hard times.
Mayor Spiegel said movies will be shown on Friday nights instead of
Thursday nights because of the children that attended school. The summer
schedule was discontinued from an economy standpoint, but also because
of the hot weather.
Councilman Kelly said the concerts didn't cost much to have, so he didn't
agree with cutting down the number or reducing services to the community.
Mayor Pro Tem Finerty moved to, by Minute Motion: 1) Approve attached schedule
for the 2009 "Music & Movie Madness" Series; 2) approve expenditure in the amount of
$8,500 with Studio Instrument Rentals, Palm Springs, California, for concert professional
staff, sound, and lighting; 3) approve expenditure for professional services in the amount
of $7,400 with Live Oak Multi Media, Indio, California, for production of movies;
4) authorize Mayor to execute the following contracts, as presented: a) Navy Band
Southwest Wind Ensemble - Contract No. C29190A - $500; b) Chris Compton Live -
Contract No. C29190B - $2,300; c) Jim Little (Boys & Girls Club Swing/Jazz Band) -
Contract No. C29190C - $500; d) Vince Verdi (Side Street Strutters) - Contract No.
C29190D - $7,000 — total cost for the series $26,200, with funds available in Account No.
110-4416-414-3061, no appropriation is needed. Motion was seconded by Benson and
carried by a 5-0 vote.
XV. CONTINUED BUSINESS
A. REQUEST FOR AUTHORIZATION FOR STAFF : TO. PURCHASE
REPLACEMENT CHINA AND SERVICEWARE FOR DESERT WILLOW
GOLF RESORT (Continued from the meeting of June 25, 2009).
Councilman Kelly moved to, by Minute Motion, continue this item to the meeting of
September 10, 2009. Motion was seconded by Ferguson.
Mr. Wohlmuth stated he had a meeting the following day with Kemper Sport
Management on the selection of the china, which had been on display in his
office. He said this item will be on the next City Council agenda to request
authorization for staff to go out to bid.
Councilmember Benson asked if it was still possible to have the china for the
Athena Award luncheon on October 28, 2009. Mr. Wohlmuth answered yes.
Mayor Spiegel called for the vote and it carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
B. ORDINANCE NO. 1188 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 15.06 -
ENERGY CODE - TO THE PALM DESERT MUNICIPAL CODE AND
REPEALING TITLE 24, SECTION 24.30 - ENERGY EFFICIENCY
STANDARDS (Continued from the meeting of July 9, 2009).
Mr. Grance noted this item was continued from July 9, and staff
recommended it be continued to a date uncertain for the second reading and
public hearing because of the State's delay in the implementation of the
software used for enforcement and compliance with the new California
Energy Code. He said once the State notified the City that it had the
software fixed, the item will be placed on the agenda.
Councilman Ferguson asked Mr. Fred Bell from the Business Industry
Association if he still wished to speak or wait until it was back on the agenda.
Mr. Bell indicated he wished to wait.
Councilman Ferguson moved to, by Minute Motion, continue second reading of
Ordinance No. 1188 to a date uncertain, delaying the effective date of adoption of the 2008
California Energy Code from August 1, 2009, to January 1, 2010. Motion was seconded
by Finerty and carried by a 5-0 vote.
C. REQUEST FOR AUTHORIZATION TO DEVELOP AND ISSUE AN RFP
(REQUEST FOR PROPOSALS) FOR WEBSITE CONSULTANT AND TO
CONTINUE CURRENT CONTRACT WITH KIMBERLY CORAK ON A
MONTH -TO -MONTH BASIS IN THE INTERIM (CONTRACT NO. C29090)
(Continued from the meeting of July 9, 2009).
Information System Manager Clayton von Helf offered to answer questions.
Mayor Spiegel distributed the Dining Guide for the City of_Rancho Mirage to
the rest of the Councilmembers, stating that in his opinion Rancho Mirage's
guide was better than Palm Desert.
Councilman Ferguson asked if it would make sense to fire Kimberly Corak
and hire someone that could do a better job.
Mayor Spiegel answered not necessarily because the Council had not
complained about it until he took a look at it and was able to compare. His
point was that the City had a lot of events going on every month that needed
to get on the website, including the concerts that were just approved earlier
this evening. He said it made sense to continue on a month -to -month basis
and go out for a Request for Proposal.
Councilman Ferguson agreed. However, he felt the City could survive without
any further services, because it wasn't going to get any better, and he wasn't
one to spend money to find out.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
Councilmember Benson stated originally when the City went out to bid,
Ms. Corak came in on $72,000.
Responding to question, Mr. von Helf stated Ms. Corak was paid $5,500
monthly.
Councilman Kelly wondered what would happen to the work if the City
decided to go out to bid.
Mayor Spiegel stated he assumed Ms. Corak would be doing work for the
monthly charge.
Mayor Pro Tem Finerty stated that if she was only doing what the invoices
indicated, why would the City want to continue to throw good money away.
Mayor Spiegel replied that Mayor Pro Tem Finerty was only looking at one
small part of what Ms. Corak was doing for the Palm Desert website.
Responding to comment about the handout, he said the City of Rancho
Mirage Dining Guide had valuable coupons for restaurants in Rancho Mirage
that Councilmembers may want to take advantage, and that he planned to
present it to the Marketing Committee to investigate in doing the same for
Palm Desert.
Councilman Ferguson agreed to have a Dining Guide Coupon book, but that
it should be done with whoever won the new Request for Proposal.
Mayor Pro Tem Finerty stated she had a problem with Ms. Corak's invoices,
which just stated, "Interactive Marketing and Website Consulting Services
rendered in 2008, $5,500." She couldn't see how it was the same thing _
every month. She felt some months had to be lighter than others and wasn't
convinced the City was getting $72,000 worth and didn't feel, comfortable
moving ahead with it. If staff wanted to have someone else do the work, they
need to present to Council exactly what they want to have done, because the
City has been working on websites for years and it had been combining stuff
to make it easier to go from the Tourism website to the Art In Public Places
website, and back and forth, etc. It seemed a coordinated effort needed to
be established especially during these economic times.
Councilman Ferguson moved to, by Minute Motion, authorized staff to develop and
issue an RFP for website consultant and discontinued the current contract with Kimberly
Corak on a month -to -month basis in the interim. Motion was seconded by Finerty.
Mr. von Helf stated that with regards to the invoices, the staff report listed in
detail the work provided.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
Mayor Pro Tem Finerty said she saw it, but it didn't mean much to her. She
said she read every word, but she wasn't convinced the City was getting its
money's worth.
Mayor Spiegel asked how long it would take to get answers to a Request for
Proposal.
Mr. von Helf responded a RFP could be written and published within two
weeks and can be left open for the standard process time.
Mr. Wohlmuth stated it would take a full two -month process by the time
Council approved the contract with the successful firm.
Mayor Spiegel asked if the recently approved concerts could be posted on
the City's Website.
Mr. von Helf stated he had the capability within staff to make updates and
changes.
Mayor Spiegel called for the vote, and it carried by a 5-0 vote.
XVI. OLD BUSINESS
A. REQUEST FOR APPROVAL OF AMENDMENT NO. 1 TO CONTRACT
WITH COUNTY OF RIVERSIDE DEPARTMENT OF ANIMAL SERVICES
FOR ONGOING ANIMAL CONTROL FIELD SERVICES (CONTRACT
NO. C24202).
Councilmember Benson moved to, by Minute Motion: 1) Approve Amendment No.
1 to the subject contract with County of Riverside Animal Services in an amount not -to
exceed $7,992.44 for ongoing Animal Control Field Services; 2) authorize the Mayor to
execute same — funds are available in Account No. 110-4230-442-3090 for expenses
incurred during FY 2008-2009 and will be expended therefrom. Motion was seconded by
Ferguson and carried by a 5-0 vote.
B. REQUEST FOR APPROVAL OF THE SECOND AMENDMENT TO THE
MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN COUNTY OF
RIVERSIDE DEPARTMENT OF ANIMAL SERVICES AND THE CITY OF
PALM DESERT FOR ANIMAL CONTROL FIELD SERVICES AND
APPROPRIATION OF ADDITIONAL FUNDING RELATED THERETO
(CONTRACT NO. C24202).
Councilmember Benson moved to, by Minute Motion: 1) Approve the Second
Amendment to the subject MOU between County of Riverside Department of Animal
Services and the City of Palm Desert for Animal Control Field Services - term of MOU is
July 1, 2007, to June 30, 2012; 2) authorize the Mayor to execute same; 3) appropriate
$20,583.70 from Unallocated General Fund Reserves to Account No. 110-4230-442-3090
23
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
for this purpose — estimated cost of $119,077 for FY 2009-2010, with 10% contingency
($11,907.70) to address overtime and mileage estimates, for a total amount not to exceed
$130,984.70. Motion was seconded by Finerty.
Councilman Kelly stated the City conducted a spayed program a while back
and thought it was an excellent and cost effective. He asked if the City had
plans to do more of the same.
Code Compliance Manager Hart H. Ponder was happy to report the City had
two new Spayed Neuter Clinics scheduled for the following year and thanked
the Council for support of the program because it was an overwhelming
success. Responding to question, he agreed to provide Councilman Kelly
with a copy of the flyer. Further responding, he confirmed one of clinics will
continue to be held at the Civic Center Park
Mayor Spiegel called for the vote, and the motion carried by a 5-0 vote.
C. REQUEST FOR AWARD OF CONTRACT TO VARIABLE SPEED
SOLUTIONS, INC., FOR THE DESERT WILLOW IRRIGATION PUMP
STATION FILTRATION SYSTEM PROJECT (CONTRACT NO. C28790).
Project Coordinator Heather Buck noted the staff report and offered to
answer questions. Responding to question, she said only one bid was
received and the amount was reasonable because it was a $4,500 reduction
from the previous time this item went out to bid with the same contractor.
Councilmember Benson moved to, by Minute Motion: 1) Authorize award of the
subject contract in the amount of $171,910 to Variable Speed Solutions, Inc., Huntington
Beach, California, for the recycled water filtration system upgrade at Desert Willow Golf
Resort and authorize the Mayor to execute same; 2) authorize the Director of Finance -to
set aside the amount of $17,191 as 10% contingency for the project (use of_ contingency
requires additional action) — funds are available in Account No. 241-4195-495-8092.
Motion was seconded by Finerty and carried by a 5-0 vote.
D. REQUEST FOR APPROVAL OF CONTRACT BETWEEN THE CITY OF
PALM DESERT AND BEST, BEST & KRIEGER, LLP, FOR CITY
ATTORNEY COUNSEL SERVICES (CONTRACT NO. C28880).
Councilman Ferguson moved to, by Minute Motion: 1) Approve the subject contract
between the City of Palm Desert and Best, Best & Krieger, LLP, for Legal Services,
substantially as to form — funds are available in the FY 2009-2010 Budget for City Attorney
Services; 2) authorize the City Manager to finalize the agreement with Best, Best & Krieger,
substantially as to form; 3) authorize the Mayor to execute the finalized agreement. Motion
was seconded by Finerty and carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
E. REQUEST FOR APPROVAL OF AGREEMENT FOR LEGAL SERVICES BY
AND AMONG THE PALM DESERT REDEVELOPMENT AGENCY, THE
CITY OF PALM DESERT, AND RICHARDS, WATSON & GERSHON
(CONTRACT NO. R28880) (JOINT CONSIDERATION WITH THE PALM
DESERT REDEVELOPMENT AGENCY).
Councilman/Member Ferguson moved to, by Minute Motion: 1) Approve the subject
contract for Legal Services to the Palm Desert Redevelopment Agency, the Palm Desert
Housing Authority, and the City of Palm Desert with Richards, Watson & Gershon;
2) authorize the City Manager/Executive Director to finalize the agreement with Richards,
Watson & Gershon, substantially as to form; 3) authorize the Mayor/Chairman to execute
the finalized agreement. Motion was seconded by Finerty and carried by a 5-0 vote.
XVII. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT
UPDATING AND REVISING PALM DESERT MUNICIPAL CODE
SECTION 25.68 - SIGNS Case No. ZOA 09-104 (City of Palm Desert,
Applicant) (Continued from the meeting of June 25, 2009).
Councilman Ferguson noted he represented an outdoor advertiser and
should probably abstain on this item. He recused himself and left the
Council Chamber.
Principal Planner Tony Bagato noted this item was continued from the
previous meeting and based on previous discussion, staff was
recommending the removal of the Creative Sign section, reviewed the
freeway signage and decided to add the single -font type in the color Bernard
Gothic T Medium Black; a sample of the font was displayed. He said the _
clean font -type was approved by the subcommittee. -Another issue talked
about was the font size, 12 inches versus 16 inches; the initial
recommendation of the subcommittee was 12 inches. When this matter was
presented to the Planning Commission, some of the Commissioner's felt
that 12 inches was too small. He prepared an exhibit that showed the
difference between the two sizes, and in looking at the possible scenarios for
smaller multi -tenant buildings, 16 inches would be the maximum allowed and
still be appropriate. The last thing reviewed at the Mayor's request was
lighting for signage on the freeway. Staff looked at other alternatives along
El Paseo, which highlighted different types of lighting features. The two
types of lightings researched were the Reverse "Halo" Lit and External
Fixtures. Staff found that the "halo" lit lettering gave a cleaner, high -quality
appearance, which could provide identification at night and also still achieve
the goal of the Signage Ordinance. The External Fixtures don't provide as
much control on the amount of lighting going out. Therefore, staff changed
its recommendation to approve "halo" lit illumination only, and the alternative
was still non -illuminated. In summary, staff recommended approval of the
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
Sign Ordinance with the removal of the Creative Sign Program, a single
font -type and color,16 inch letters maximum for multi -tenant signs, and
reverse "halo" lit letters only.
Mayor Spiegel declared the public hearing open and invited testimony in FAVOR
of or in OPPOSITION to this Ordinance.
MS. VELMA OTTERMAN, El Paseo, California, CA, stated the issue she
wished to speak on had nothing to do with this matter, but it did have to do
with signs on El Paseo. She said she's been on El Paseo for 35 years and
it was amazing how long one can be somewhere and not know all. the
Ordinances. For 35 years she's had a sign out on El Paseo that said "Open"
to tell people she was open for business, but every time the wind blew it
would blow over. Therefore, all up and down El Paseo, one would see signs
with rocks or sandbags piled around the bottom to hold the pedestal sign in
place. She had a lovely A -frame made for outside of her shop and was very
proud of it. When the wind blew it did not require rocks to hold it down.
However, a couple of weeks ago City staff informed her there was an
Ordinance against having A -frame signs. She heard the City of Palm
Springs recently overturned their Ordinance for the same reason. She
provided photographs to the Council of the pedestal signs with rocks piled
around it. She said it would be nice for the Council to overturn Palm Desert's
Ordinance, so that merchants can have a sign that would stand up. She said
the signs were very important especially during the summer when half the
shops are closed. Unfortunately, El Paseo does not have a set time that
stores are open, so customers look for those signs on the street. She
respectfully requested that the Council consider overturning the City's
Ordinance.
MS. BARBARA deBoom, President/CEO of the Palm Desert Chamber -of
Commerce stated that members of the Chamber reviewed. the . Sign
Ordinance changes and was pleased to see the increase in font size to 16
inches, but she really believed the font size needed to be a minimum of
18-20 inches. New businesses coming in along the freeway, with as fast as
traffic is going, need their signage to be seen. She said the "Chico" sign,
which was 18 inches would be preferable. She displayed a sign with the
difference between the 12-inch and 24-inch lettering, stating that was the
Chamber's major concern. She said everyone was aware that it was a down
economy with more than 35 empty storefronts on El Paseo; some stores are
empty and closed for the summer. She said if the Council allowed the
A -frame signs that stated "Open for Business" as opposed to the new
Ordinance that was just changed that said, "Going Out of Business," it would
be helpful to the El Paseo merchants.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
MR. DICK BAXLEY, Baxley Properties, Palm Desert, stated he was in
support of the change to include lighting. He said freeway visibility at the
speed vehicles went by was a must. He was in support of the "halo" type
lighting or any technical matter that would get the signs lit.
Mr. Bagato stated that with regard to the A -frame signs, they had always
been prohibited on El Paseo, and the Ordinance included a section under El
Paseo that allowed pedestal signs that said "Open." The subcommittee
didn't want to change anything that would create clutter, which A -frames
typically do. He suggested Council can approve Temporary Use Permits for
outdoor display, but he wasn't sure if Council wanted to add them as a
permanent sign into the Ordinance this evening. Responding to question, he
said originally no signage was allowed on El Paseo sidewalks because they
tend to create clutter and pedestrians could trip over them. In the early
1980's, the Chamber of Commerce requested to allow pedestal signs on El
Paseo because it was a foot traffic retail. The idea with the pedestal signs
was that it was a small pole and a small square top, which was very limited.
However, with the A -frame, one can have a wide range of sizes, triangle
base signs that can stick out anywhere from four feet by four feet, and
presently there was no regulation for A -frames because they are prohibited.
MS. OTTERMAN, stated she too wants El Paseo to look nice, but as
reflected in the photographs she provided to the Council, small A -frames
would look better than the pedestal signs with all the rocks around it.
Mayor Pro Tem Finerty stated she didn't think the signs with the rocks were
aesthetically pleasing for El Paseo. She would like to look at the pros and
cons of the A -frame signs. She asked if the A -frame signage could be
discussed as a separate matter, but move ahead with the Sign Ordinance.
Mayor Spiegel agreed to discuss the A -frame signage as.a.separate matter
this evening.
With no further testimony offered, Mayor Spiegel declared the public hearing closed.
Mayor Pro Tem Finerty stated she was originally a proponent of the 12-inch
font, but believed the 16-inch font made sense and appreciated staff
removing the Creative Sign Program. However, she was opposed to lighting
on the signs, because she believed there was a difference between
identifying versus advertising. She was also in favor of moving forward with
approving the Sign Ordinance as presented and eliminating the illumination.
In addition, review the A -frame signage, check to see what other areas like
City of Palm Springs had done, what the City of Palm Desert thoughts were
in the past, and what they might be now.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
Councilman Kelly stated he would only deal with the Sign Ordinance as it
related to freeway signage because it would be confusing for him to mix the
two issues. He was in favor of lighting and having more than 16-inch
lettering. He said there were more billboards between Monterey Avenue and
Palm Drive in the Coachella Valley than in San Bernardino County, Los
Angeles County, Ventura County, and San Luis Obispo County, and the
lettering on them was more like six -feet tall. He said there were 70 billboards
in the Coachella Valley, and he knew because he counted them on purpose
on one of his trips. He thought it was ridiculous to be worrying or debating
over 12-inch versus 16-inch lettering. He said the City should give the
merchants a chance to let people know where they are because when he's
traveling on the freeway, he's looking at those building and signage for a
particular store. He felt the backlighting showed up very well and had a lot
of class.
Councilmember Benson stated 16-inch lettering was tall enough, and she
liked the backlighting. However, she felt there should be a time limit on when
the night lights can be on, which may also lessen the glow.
Councilman Kelly stated that with regard to the A -frame signs, he said
business was slow in the summer, and it was difficult to know which stores
were open. He said the A -frames should be allowed at least for a certain
number of months during the off-season, so that merchants can identify
themselves
Mayor Spiegel stated he preferred the A -frame instead of the pedestal type.
Mayor Pro Tem Finerty agreed, but believe a standard should be established.
for the use of the A -frame signs in the summer and decide on the size and
colors that are aesthetically pleasing and in keeping with .the. El Paseo
image.
Mayor Spiegel asked if staff could return to Council with an A -frame
standard. He said if a merchant currently had an A -frame they could keep
it up until staff returned with a standard recommendation.
Mr. Bagato responded the A -frames can remain with the pedestals like it was
today, and staff will work with the Signage Subcommittee, El Paseo
Retailers, and Chamber to come up with a standard for A -frames and
possibly replace it as an amendment to the Ordinance.
Mayor Pro Tem Finerty requested that the pedestal signs also be reviewed.
Councilmember Benson stated the A -frames should not include balloons or
flags and only to be used during the summer.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
Mayor Pro Tem Finerty moved to, by Minute Motion, requested study of the issues
of both A -frame and pedestal signs for retailers in order to bring back a future
recommendation for possible amendment to the Sign Ordinance, with any of them being
used presently for customer attraction allowed to remain until study completed. Motion
was seconded by Benson and carried by a 4-0 vote, with Ferguson ABSENT.
Councilman Kelly moved to allow backlighting on freeway frontages until 1:00 a.m.,
with 20-inch lettering. Motion was seconded by Spiegel and received NO ACTION on a
2-2- vote, with Kelly and Spiegel voting Aye, Benson and Finerty voting NO, with Ferguson
ABSENT.
After discussing the issues further, compromises were made with regard to
the time allowed to have the backlighting on and the size of the font.
Mayor Pro Tem Finerty moved to, waived further reading and pass Ordinance
No. 1190 to second reading, as amended, to allow halo backlighting on freeway frontages
until 11:00 p.m. only, 16-inch letters, without the creative sign provision, and one single font
size. Motion was seconded by Benson and carried by a 3-1 vote, with Kelly NO and
Ferguson ABSENT.
B. REQUEST FOR APPROVAL OF AMENDMENT TO RESOLUTION
NO. 06-69, REMOVING DEPARTMENT OF COMMUNITY
DEVELOPMENT/PLANNING CONDITION NUMBER 11, REQUIRING THE
THREE SERVICE BAY DOORS FACING CABRILLO AVENUE TO BE
CLOSED AT ALL TIMES AND ONLY OPENED WHEN VEHICLES ARE
EXITING THE FACILITY — PROPERTY LOCATED. AT
74-180 HIGHWAY 111 Case No. PP/CUP 05-05 and VAR 05-04
Amendment #1 (Fastlane Oil Change / Chris Jones, Applicant).
Mr. Bagato stated this item needed to be continued to September 10, 2009,
for legal notice purposes.
Mayor Spiegel declared the public hearing open and invited anyone who wished to
speak on this matter to do so at this time. The public hearing was left open.
Councilman Ferguson moved to, by Minute Motion, continue this public hearing to
the meeting of September 10, 2009. Motion was seconded by Finerty and carried by a 5-0
vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
C. CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION'S
DECISION TO REVOKE AN EXISTING CONDITIONAL USE PERMIT (CUP)
FORA MASSAGE THERAPY ESTABLISHMENT IN A 685 SQUARE -FOOT
OFFICE SUITE LOCATED AT 74-350 ALESSANDRO DRIVE, SUITE B-4
Case No. CUP 07-02 (Xiang Li, Business Owner; Shah Family Trust,
Property Owner).
Assistant Planner Kevin Swartz stated that at the Planning Commission
Meeting of June 16, 2009, the Commission revoked CUP 07-02 on a 3-1
vote for a massage establishment known as Tranquility Massage due to
violations of the Palm Desert Municipal Code and Conditions of Approval.
CUP 07-02 allowed a massage establishment in a 685 square foot office
suite. The property owner and potential tenant have made an appeal. While
staff was in the process of scheduling the revocation public hearing, the
business owner of Tranquility Massage sold the massage business and
business name to another operator. This operator currently has a massage
establishment located at 72-655 Highway 111, Suite B7, known as Health
Systems, which was discovered by the Planning Department when an
Application for Certificate of Use was submitted. Revocation of a CUP would
prohibit the new business owner, or any other massage business from
opening at the same location for at least a year. The revocation of CUP
07-02 by the Planning Commission is unrelated to the transfer of the
business name from one party to another. A CUP runs with the land and is
strictly a land use issue. The previous tenant violated the Palm Desert
Municipal Code and the Conditions of Approval. The findings to justify the
revocation of CUP 07-02 can be found in the Planning Commission
Resolution No. 25-05. Staff recommended that the City Council uphold the
decision of the Planning Commission. He offered to answer questions.
_Mayor Spiegel declared the public hearing open and invited anyone who wished to
speak on the subject matter to do so at this time.
MR. TONY M. LU stated he was the Attorney representing the Applicant. He
noted he was present at the Planning Commission Hearing back in June and
the threshold issues here was that the new prospective business buyer and
who proceeds the City to find out what to do about getting the CUP renewed
and eventually getting a business license. She was told by the City that
everything was going to be okay. She has had another establishment in the
City and was told she would be able to obtain a CUP within a couple of
weeks or so. In reliance by the statement by the City representative, the new
owner spent about $15,000 in buying the business from the previous owner,
who was the one that was cited. He said his client nor the current landlord
was aware of the citation. The new tenant also spent about $4,000 in hiring
contractors to remodel. Only after the remodeling and signing of the lease
was she informed by the City that there was discussion within the Planning
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
Department to revoke the existing CUP. He said this issue was also brought
up at the hearing at the Planning Department. Apparently there was
miscommunication between the two departments within the City. While on
the business side there was no problem sending in the Application and
having the matter approved. But on the other hand, the Planning
Department was thinking about revoking the CUP. He said Dr. Shah who
became the property owner in May was also present this evening. He said
the City now had two new people in the shopping center who knew nothing
about the entire citation and came into this transaction in good faith. He said
his client only did this type of business and knew no other, the rent has
become due for the past three or four months, and he hoped this didn't turn
into a legal issue. He said, given the circumstances, his client should be
given another opportunity as this was a moral issue involving economics. He
offered to answer questions.
MR. SURESH SHAH, Alessandro Drive, Palm Desert, stated he just bought
this building on May 15, 2009, and previous owner never disclosed to him
there was a problem with the CUP for massage therapy. The City also never
informed the previous owner or him until the Planning Commission had a
hearing. It said it seemed to him this was a racial profile, because he asked
the police what had happened with the previous business owner, and he was
told by them that "they were all Chinese prostitutes and that's all they did,
and the change in name didn't mean anything." He said that's how the police
viewed this matter and also how it was reflected in the Planning Commission
minutes. He said it's not true that all Chinese conduct business the same
because the new tenant had a business in Palm Desert with no violations or
history of any problems. He felt the City was punishing her at the last minute,
after she signed the lease and done all the tenant improvements. In this
downturn with the economy, he noticed a 60% difference in revenue with the
building. He said to have businesses who paid licenses fees was"good for
the City. However, placing a moratorium on massage establishment and
removing a CUP and taking away a business from someone because she is
Chinese was racial profiling, and the City should be ashamed. He said the
tenant had done nothing to the City, had done good business, and has paid
her taxes. He said the new tenant should have her CUP reinstated. He said
the Council was wise to understood the circumstances, in that not all Jews
were the same, not all rednecks were the same, and not all Chinese are the
same. He recommended the City Council reinstate the tenant's business.
With no further testimony offered, Mayor Spiegel closed the public hearing.
Mayor Pro Tem Finerty stated that clearly there were violations and there
needed to be consequences for the action. She said the Police Department
did their job and as long as the City would entertain a review of stand-alone
massage establishments, it would be irresponsible for the Council to approve
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
this request. She said the CUP was revoked and it ran with the land, so the
Planning Commission's decision should be upheld.
Mayor Pro Tem Finerty moved to, Minute Motion, deny the appeal and reaffirm the
Planning Commission's decision to revoke existing CUP 07-02 for a massage
establishment in an office suite located at 74-350 Alessandro Drive, Suite B-4. Motion was
seconded by Benson and carried by a 5-0 vote.
D. CONSIDERATION OF A RECOMMENDATION BY THE PLANNING
COMMISSION TO IMMEDIATELY IMPOSE A 45-DAY INTERIM
MORATORIUM ON ISSUANCE OF CONDITIONAL USE PERMITS TO
INDEPENDENT MASSAGE ESTABLISHMENTS UNDER THE CITY'S
MASSAGE ORDINANCE (P.D.M.C. CHAPTER 5.87) WHILE OPTIONS FOR
LONG-TERM REGULATORY STRATEGY ARE STUDIED.
Mayor Spiegel declared the public hearing open and invited testimony in FAVOR
of or in OPPOSITION to the subject Urgency Ordinance. With no testimony offered,
he declared the public hearing closed.
Councilman Kelly moved to waive further reading and adopt Urgency Ordinance
No. 1193 by four -fifths vote, imposing a 45-day interim moratorium on issuance of
conditional use permits for any independent massage establishments while the City's
Massage Ordinance (P.D.M.C. Chapter 5.87) is studied and potentially amended. Motion
was seconded by Finerty and carried by a 5-0 vote.
E. CONSIDERATION OF A RECOMMENDATION BY THE ARCHITECTURAL
REVIEW COMMISSION TO IMMEDIATELY IMPOSE A 45-DAY
MORATORIUM ON REQUESTS FOR APPROVAL TO PARK
RECREATIONAL VEHICLES ON PRIVATE PROPERTY UNTIL THE CITY'S
RECREATIONAL VEHICLE ORDINANCE (P.D.M.C. CHAPTER 8.40) HAS : ,
BEEN AMENDED.
Mayor Spiegel declared the public hearing open and invited testimony in FAVOR
of or in OPPOSITION to the subject Urgency Ordinance.
Councilman Kelly stated the Council had probably been remiss and had not
given the Architectural Review Commission solid guidelines to make a
subjective decision.
Assistant Planner Missy Grisa asked if Council wished to appoint a
representative to the subcommittee to review the RV standards. Councilman
Kelly agreed to volunteer.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
Councilman Kelly moved to: 1) Waive further reading and adopt Urgency Ordinance
No. 1194 by four -fifths vote, imposing a 45-day moratorium on the requests for approval
to park recreational vehicles (RVs) on private property until the City's Recreational Vehicle
Ordinance (P.D.M.C. Chapter 8.40) has been amended; 2) By Minute Motion, appoint
Councilman Kelly to the subcommittee to work with staff and the Architectural Review
Commission on revising the current Code — upon Architectural Review Commission
approval, a revised draft ordinance will be brought forward to the City Council for final
review and approval. Motion was seconded by Finerty and carried by a 4-0 vote, with
Benson ABSENT.
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
1. Report on City Reorganization Plan.
Mr. Wohlmuth called attention to the report provided in the packets.
He noted that after the FY 2009-2010 Budget, 19 positions were
eliminated from the workforce, majority of which were early
retirements. He offered to answer any questions and related that
Director of Public Works Mark Greenwood would be sitting at one of
the staff seats to the left of the Council dais.
Councilmembers offered compliments to Mr. Wohlmuth for his efforts
and for the report.
With City Council concurrence, received and filed the report.
B. CITY ATTORNEY
None
C. CITY CLERK
None
D. PUBLIC SAFETY
o Fire Department
Please see Section IX - Awards, Presentations, and Appointments,
Item A of these Minutes for introduction of new Palm Desert Battalion
Chief Bill Hunley.
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MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
o Police Department
Lt. Shouse announced that the Police Department would be
conducting a DUI Checkpoint in the City of Palm Desert tomorrow
night. Further, he reminded everyone that school would be starting
back up on Monday, August 31, and the Motor Officers and Traffic
Team would be out in force to ensure student safety.
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
None
o City Council Committee Reports:
None
o City Council Comments:
1. Aspen Accord - Councilman Ferguson reported that on
August 1, he and Mr. Wohlmuth traveled to Stockholm,
Sweden, and Copenhagen, Denmark, and he would be
summarizing the points of the Aspen Accord at a future
meeting. Although, he wanted to say today that there was a
very nice memorial dinner with all the people Carlos Ortega
had worked with over the years from Sweden and Denmark. _
Palm Desert was presented with a beautiful collage of the
many faces of Carlos as he participated in the Aspen Accord,
which was presented to Rose Mary Ortega. It was obvious
that Mr. Ortega's loss was felt widely, and Palm Desert is very
proud of all his accomplishments, especially those that had a
global impact.
2. Palm Desert Chamber of Commerce - Mayor Spiegel
announced that the Chamber was going to be selling tickets to
the NBA Game between the Phoenix Suns and the Golden
State Warriors being played at the Indian Wells Tennis
Gardens on October 10. He said two sections were set aside
with seats priced at $40 each, with a tailgate -type party also
being planned, and anyone interested should contact
Barbara deBoom at the Palm Desert Chamber of Commerce.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
XIX. ADJOURNMENT
Upon a motion by Ferguson, second by Finerty, and 4-0 vote of the City Council,
with Benson ABSENT, Mayor Spiegel adjourned the meeting at 5:45 p.m.
ATTEST:
ROBERT A. SPIEG'ELA�(A1'OR
RA6HELLE D. KLSECITY CLERK
CITY OF PALM DESERT, CALIFORNIA
35