HomeMy WebLinkAbout2009-07-09MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JULY 9, 2009
CIVIC CENTER COUNCIL CHAMBER
73510 FRED WARING DRIVE, PALM DESERT, CA 92260
I. CALL TO ORDER - 3:00 P.M.
Mayor Pro Tem Finerty convened the meeting at 3:00 p.m.
II. ROLL CALL
Present:
Councilmember Jean M. Benson
Councilman Jim Ferguson
Councilman Richard S. Kelly
Mayor Pro Tem Cindy Finerty
Excused Absence:
Mayor Robert A. Spiegel
Also Present:
John M. Wohlmuth, City Manager/RDA Executive Director
Stephen P. Deitsch, Assistant 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
Frankie Riddle, Director of Special Programs
J. Luis Espinoza, Assistant Finance Director
Dorian Cooley, Division Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire
Steve Brooker, Fire Marshal, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire
Robert Perdue, Palm Desert Police/Riverside Co. Sheriff's Dept.
Grace L. Mendoza, Deputy City Clerk
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
None
IV. ADJOURN TO CLOSED SESSION
Request for Closed Session:
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REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2009
Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: APN 627-071-013
Negotiating Parties:
Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/
Palm Desert Redevelopment Agency
Property Owner: David and Agnes Holtz
Under Negotiation: x Price x Terms of Payment
2) Property: APN 627-074-006
Negotiating Parties:
Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/
Palm Desert Redevelopment Agency
Property Owner: Timothy R. Palmer
Under Negotiation: x Price x Terms of Payment
3) Property: APNs 694-300-008 and 694-300-009
Negotiating Parties:
Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/
Palm Desert Redevelopment Agency
Property Owner: Jewish Federation of Palm Springs and Desert
Under Negotiation: x Price x Terms of Payment
4) Property: APNs 627-262-008 and -011
Negotiating Parties:
Agency: Justin McCarthy/City of Palm Desert/
Palm Desert Redevelopment Agency
Property Owner: Larkspur Associates LLC
Under Negotiation: x Price x Terms of Payment
Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(b):
Number of potential cases: 2
Councilman Ferguson asked to add discussion about the legal ramifications that
may result from Public Hearing Item A on today's agenda to this Closed Session.
He believed it involved the David Nelson parcel and the definition of "exemptions."
Upon a motion by Kelly, second by Ferguson, and 4-0 vote of the City Council, with
Spiegel ABSENT, the aforementioned potential litigation item was added to Closed
Session.
On a motion by Ferguson, second by Benson, and 4-0 vote of the City Council, with
Spiegel ABSENT, Mayor Pro Tem Finerty adjourned the meeting to Closed Session at
3:02 p.m. She reconvened the meeting at 4:00 p.m.
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V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
Mr. Deitsch reported that the City Council and Redevelopment Agency met
in Closed Session starting at 3:00 p.m. to consider Property Negotiation Item
Nos. 1, 2, and 4, and two (2) pending litigation matters on the agenda, with
Property Item No. 3 being continued to a continued Closed Session to take
place after the open session this afternoon. No reportable action was taken
on the aforementioned items that were considered in the first portion of
Closed Session.
VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE
UNITED STATES OF AMERICA - Mayor Pro Tem Cindy Finerty
VI1. INVOCATION - Councilman Richard S. Kelly
VIII. ORAL COMMUNICATIONS - B
MR. PETER RITTENHOUSE, Executive Director of the Joslyn Senior Center,
73-750 Catalina Way, Palm Desert, thanked the City Council for all its support of
Senior Center programs and activities. He presented each City Councilmember and
the City Manager with a published book of memoirs, Acorn, created by the Senior
Center Creative and Memoir Writing students taught by Dr. Joyce Wade-Maltais,
who has been teaching these classes at the Center for the past several years. He
said the book was available at Amazon.com and hoped everyone would find it
enjoyable and tell their friends about it.
MS. MARI SCHMIDT, resident of Indian Springs Mobile Home Park, Palm Desert,
expressed appreciation to the City Council for the nearly five years of constant
endeavors on the Park Residents' behalf. She wanted it known that what may have
come before the City Council in the past certainly did not come from her
necessarily, but she had always known that the Council was working for the good
of all the residents. She personally thanked Councilmembers, along with extending
thanks on behalf of the approximately 249 other residents of Indian Springs. She
said it looks as though a chapter is closing for them; so a new one will open, and
there may be more battles, but hopefully the City Council will not have to come and
help them out again.
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IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION TO RECOGNIZE RYAN SHEEHY FOR HIS
CONTRIBUTIONS TO THE CITY OF PALM DESERT AND ITS
YOUTH COMMITTEE.
Mr. Sheehy was unable to be present for today's recognition.
B. PRESENTATION OF PROCLAMATION DECLARING THAT THE CITY OF
PALM DESERT, CALIFORNIA, IS A 2010 CENSUS PARTNER.
On behalf of the Mayor and City Council, Mayor Pro Tem Finerty presented
the proclamation to staff of the U.S. Census Bureau working specifically with
the Coachella Valley.
MS. MARTHA RIVAS, Partnership Specialist with the U. S. Census Bureau,
said it was very important for them to be presented with the proclamation
from the City of Palm Desert. She met with Mayor Spiegel earlier this spring
and shared with him that in the 2000 Census, the City had a 53%-54%
response rate. Neighboring cities also had a low response rate in 2000, so
this year her office was very excited to work in collaboration with the City and
respective entities, such as schools, businesses, and faith -based
organizations, etc., supporting the City to help encourage and promote the
importance of the Census. She thanked the City in advance for its
partnership with them. She introduced two of the Partnership Assistants who
were also in attendance, Anastasio Veracruz, who will be working in the
southeastern Coachella Valley, and Paul Thompson, who will be working in
the northern region.
Mayor Pro Tem Finerty also thanked City staff for their willingness to assist
in the process.
C. PRESENTATION TO THE CITY COUNCIL BY THE VALLEY
PARTNERSHIP EMPLOYEE ASSISTANCE PROGRAM ON ITS "LEAVE
YOUR MARK" PLEDGE DRIVE.
MS. CHRISTINE STONE of The Valley Partnership addressed the City
Council regarding the "Flex Your Power" Campaign and the culminating
"Leave Your Mark" Event. She provided materials explaining her
presentation and said that Valley Partnership was a local Palm Desert non-
profit organization, operating for 18 years and currently administering three
programs. First, the Americorps Promote Program, providing tutors to work
with kindergarten - third graders in the Coachella Valley Unified School
District on English fluency and proficiency. Second, Odyssey Rights of
Passage, where teenagers in the Desert Sands Unified School District come
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together and learn to talk about issues of importance, to listen to others, and
to write essays about their values or beliefs. Thirdly, her program, the
Employee Assistance Program, which contracts with 16 employers in the
Valley to work with their employees and family members to provide
information, resources, and short-term counseling. She said The Valley
Partnership received a grant to spread the word about energy efficiency from
the "Flex Your Power" Program, a Statewide initiative sponsored by the
Public Utilities Commission and investor -owned utilities (Southern California
Edison, Southern California Gas). The Partnership was part of a 16-member
Statewide coalition of teams tasked with educating utility customers on how
to best save money, save energy, and save the planet, and she
acknowledged Palm Desert's leadership in this regard. Part of their
campaign included participating with a fun traveling exhibit at various
community activities throughout the Valley, such as at VillageFest and with
an energy efficiency rap -song contest at the Boys and Girls Clubs, all leading
up to the highlight in September, the "Leave Your Mark Event." She stated
that when people come through their exhibit over the next few months, they'll
be asked to sign a leaf pledge to do everything they can to be more energy
efficient. The culminating event will provide a large tree where the leaf
pledges will be affixed to represent all the community members participating,
hopefully some 1,200. She said The Partnership was asking for three things:
— Issuance of a Proclamation declaring September 2009 to be "Energy
Efficiency Month" in the City of Palm Desert.
— Participation in the "Leave Your Mark" event during the third week of
September.
— Palm Desert location for holding the "Leave Your Mark" event in
September, since the City is a strong leader in energy efficiency and
promotion, a site such as either the LEED-certified Visitor Information Center
or Henderson Community Building would be very appropriate.
Mayor Pro Tem Finerty thanked Ms. Stone and asked the City Manager to
have the appropriate staff contact her about her requests.
D. APPOINTMENT OF CITY OF PALM DESERT REPRESENTATIVE TO THE
JOSLYN SENIOR CENTER BOARD OF DIRECTORS.
Councilman Kelly moved to, by Minute Motion, appoint Pamela Plick to serve as the
City of Palm Desert's representative to the Joslyn Senior Center Board of Directors for a
four-year term, August 1, 2009, through June 20, 2013. Motion was seconded by
Ferguson and carried by a 4-0 vote, with Spiegel ABSENT.
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X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of June 25, 2009, and the
Adjourned Regular Joint Meeting of the City Council, Redevelopment
Agency, and Housing Authority of June 18, 2009.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 283, 284, 287, 288, 291, 292, and 295.
Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by
CVS Pharmacy 9646, 42-155 Washington Street, Palm Desert.
Rec: Receive and file.
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Homewood
Suites by Hilton, 36-999 Cook Street, Palm Desert.
Rec: Receive and file.
E. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Art in Public Places Commission Meeting of May 20, 2009.
2. Cultural Resources Preservation Committee Meeting of May 26, 2009.
Rec: Receive and file.
F. REQUEST FOR AUTHORIZATION for the Mayor to Execute a Grant of
Easement for Legal Access Purposes Over the Homme/Adams Park Parcel
from South Cliff Road to APN 628-120-013 (47-400 South Cliff Road)
(Dori Cree, Applicant).
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
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G. REQUEST FOR APPROVAL of Proposal by Dekra-Lite Industries, Inc., in
the Amount of $46,854 to Install, Remove, Maintain, Clean, and Store the
City of Palm Desert's Holiday Lighting and Decorations (Contract
No. C28121).
Rec: By Minute Motion: 1) Approve a proposal by Dekra-Lite Industries,
Inc., Santa Ana, California, in the amount of $46,854 for the
installation, removal, maintenance, cleaning, and storage of
Palm Desert's Holiday Lighting and Decorations, per Contract
No. C28121; 2) authorize the City Manager to execute acceptance of
the proposal in an amount not to exceed $46,854 between the City of
Palm Desert and Dekra-Lite Industries, Inc., for said services — funds
are available in the FY 2009-2010 Budget in Account
No. 110-4310-433-3910.
Councilman Ferguson asked that Item F be removed for separate
consideration under Section XI, Consent Items Held Over.
Upon a motion by Ferguson, second by Kelly, and 4-0 vote of the City Council, with
Spiegel ABSENT, the remainder of the Consent Calendar was approved as presented.
XI. CONSENT ITEMS HELD OVER
F. REQUEST FOR AUTHORIZATION for the Mayor to Execute a Grant of
Easement for Legal Access Purposes Over the Homme/Adams Park Parcel
from South Cliff Road to APN 628-120-013 (47-400 South Cliff Road)
(Dori Cree, Applicant).
MR. CALVIN CREE, 47-400 South Cliff Road, Palm Desert, stated he was
speaking on behalf of his mother Dori Cree, the Applicant He offered to
answer any questions the Mayor or Council may have.
Councilman Ferguson asked why the easement needed to come off South
Cliff Road in the middle of Homme/Adams Park as opposed to coming off
South Cliff Road behind the residence that was shown in the aerial map
that's attached to the staff report.
MR. CREE responded that since moving into the property in 1979, the
proposed easement had been the only access for 30 years.
Councilman Ferguson stated he had no problem with the use of South Cliff
Road, but he did have a problem with the proposed new easement that
appeared to be going to a vacant land. He asked what was the terminus of
the proposed easement.
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MR. CREE said he would defer the question to his Civil Engineer Hayward
Pardue. Further responding, he said his residence was at the end of the
proposed easement, which was the current access as delineated in the
Aerial Map View. He said although it was a proposed easement, it was what
he had been using for the past 30 years.
Councilman Ferguson moved to, by Minute Motion, authorize the Mayor to execute
the subject Grant of Easement for legal access purposes over the Homme/Adams Park
Parcel from South Cliff Road to APN 628-120-013 (47-400 South Cliff Road) with added
condition that an on -site City grading inspector be present to provide necessary approval
at the time any actual grading is to occur to ensure that it is in full compliance with the map
filed with the City.
Mayor Pro Tem Finerty asked if the added condition was to ensure that no
additional grading took place.
Councilman Ferguson responded that in the west side of Highway 74,
particularly in Cahuilla Hills, the bulldoze driver got a little loose sometimes
and pushed dirt where it wasn't suppose to.
Mr. Chen stated he had just submitted a revised Easement Deed where
language was included to address his concern.
Councilman Ferguson said the revised document didn't address the on -site
grading supervision.
Mr. Wohlmuth noted the subject condition on the Grant of Easement would
not allow additional grading.
Councilman Ferguson understood what the document said, but he also knew
what happened when unattended grading occurred, and he wanted to ensure
it didn't happen.
Responding to question, Mr. Chen said a permit would be needed for
grading. Otherwise, it would be a violation of the City Code. He added the
Grantor and Grantee of the subject easement was the City of Palm Desert,
so the City had total control of the easement.
Councilman Kelly asked if this item was about confirming an easement that
was supposedly established by prior use over the years.
Mr. Chen answered yes and no. He said the Applicant had been using the
easement for a long time, and there might have been Prescriptive Easement
or Easement by Necessity established before the City took over
Homme/Adams Park in 2000 from private property owners.
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Assistant City Attorney Stephen P. Deitsch said the total facts about the
property were uncertain and discussion about it was hypothetical.
Councilman Ferguson was in favor of confirming the right for Mr. Cree to
access his home, but he wants to ensure that if any grading occurred, that
an on -site inspector made certain it stayed within the plan.
Mr. Chen shared that the Public Work Department had inspectors assigned
to different areas, and those inspectors looked for any type of illegal activity,
which was already part of the City's ongoing monitoring.
Councilman Ferguson said that system had failed the City in the past prior
to Mr. Chen being hired by the City.
Councilmember Benson seconded the motion and it carried on a 4-0 vote, with
Spiegel ABSENT.
XII. RESOLUTIONS
A. RESOLUTION NO. 09-57 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AFFIRMING THE PLANNING
COMMISSION DECISION TO DENY A CONDITIONAL USE PERMIT FOR
SHORT-TERM RENTAL FOR PERIODS OF LESS THAN 30 DAYS IN A
SINGLE-FAMILY ZONE LOCATED AT 77-040 UTAH CIRCLE Case
No. CUP 09-180 (Lisa Theodoratus, Applicant/Appellant).
Councilmember Benson moved to waive further reading and adopt Resolution
No. 09-57. Motion was seconded by Ferguson and carried by a 4-0 vote, with Spiegel
ABSENT.
XIII. ORDINANCES
For Introduction:
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.
Councilman Ferguson moved to waive further reading and pass Ordinance No. 1191
to second reading. Motion was seconded by Kelly and carried by a 4-0 vote, with Spiegel
ABSENT.
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For Adoption:
A. ORDINANCE NO. 1187 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 5.91 -
ABANDONED SHOPPING CARTS - TO THE PALM DESERT
MUNICIPAL CODE.
Councilman Kelly moved to waive further reading and adopt Resolution No. 1187.
Motion was seconded by Benson and carried by a 4-0 vote, with Spiegel ABSENT.
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.
Mr. Grance stated staff was recommending a continuance to a date
uncertain. He received information from the California Energy Commission
(CEC) on June 29, 2009, to delay the effective date of the 2008 Energy
Code to January 1, 2010.
Councilman Ferguson stated he recalled the City petitioned the CEC to
exceed Title 24 standards and wondered if the new ones were equal to what
the City currently had.
Mr. Grance replied the new standards will exceed the City's current
standards.
Councilman Ferguson asked if the City was to adopt the standards now,
when everyone was rushing to get their solar installations and air
conditioners, if the City had to go back and repetition the CEC.
Mr. Grance said current Ordinance No. 1124 sunsets on the adoption of the
2008 Energy Standards, and the new standards are approximately 20-22
percent more efficient than the 2005 standards. The City's local ordinance
was 10-15 percent more efficient than the 2005 standards. In essence,
Ordinance No. 1124 was effective until the adoption of the 2008 standards,
but the City will continue using the 2005 or local ordinance. Further
responding, he said the City was anticipating keeping the status quo until it
had the time to do a cost-effective study as required by the CEC.
Councilmember Kelly asked what would be the disadvantage of adopting the
2008 standards now.
Mr. Grance responded the software system had glitches, and if staff didn't
have the software, compliance couldn't be determined.
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Ms. Klassen stated it was also the City Clerk's understanding that anything
affecting Building Code in general would require a public hearing before the
second reading, and the City will need to conduct a formal advertising for a
public hearing, which was not done.
Mr. Grance stated the information from the State made the advertising point
mute, because the City will need to delay until it received word from the
State.
Councilman Ferguson moved to, by Minute Motion, continue second reading of
Ordinance No. 1188 to the meeting of August 27, 2009, pending the advertisement and
conduct of a public hearing for this purpose. Motion was seconded by Kelly and carried
by a 4-0 vote, with Spiegel ABSENT.
XIV. NEW BUSINESS
A. REQUEST FOR ADOPTION OF RESOLUTIONS, ADOPTING AN IDENTITY
THEFT PREVENTION PROGRAM FOR THE CITY OF PALM DESERT,
PALM DESERT REDEVELOPMENT AGENCY, PALM DESERT
HOUSING AUTHORITY, AND PALM DESERT FINANCING AUTHORITY
(JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT
AGENCY, PALM DESERT HOUSING AUTHORITY, AND PALM DESERT
FINANCING AUTHORITY).
Mr. Espinoza explained the City had a set of guidelines it had to set up to
protect the borrower and prevent people from getting social security
numbers, addresses, and so forth; specifically borrowers in the Energy
Independence Program (EIP) and Home Improvement Program (HIP). Staff
will go through the Audit, Investment and Finance Committee to set up the
guidelines and distribute them to the appropriate staff. He confirmed the
recommendation was supported by the Finance Committee.
Councilman/Member/Commissioner Kelly moved to waive further reading and adopt
the following Resolutions, relative to an Identity Theft Prevention Program for each entity,
respectively: 1) City Council Resolution No. 09-58; 2) Redevelopment Agency Resolution
No. 561; 3) Housing Authority Resolution No. HA-41; 4) Financing Authority Resolution No.
FA-64. Motion was seconded by Benson and carried by a 4-0 vote, with Spiegel ABSENT.
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B.
PALM DESERT CITY COUNCIL MEETING JULY 9, 2009
REQUEST FOR APPROVAL OF AGREEMENTS WITH THE COUNTY OF
RIVERSIDE - RIVERSIDE COUNTY LIBRARY SYSTEM / LSSI FOR
LIBRARY SERVICES THROUGH JUNE 30, 2011.
Councilmember Benson moved to, by Minute Motion: 1) Approve Contract No.
C14169 - Ninth Amendment to Provide Library Services (Additional Staff) for the Event and
Volunteer Coordinator Position, part-time Computer Instructor/Lab Technician, Additional
Librarians (1-Reference, 1-Young Adult), and Dedicated Receptionist/Library Assistant,
covering services through June 30, 2011; 2) approve Contract No. C18026 - Sixth
Amendment to Agreement to Provide Library Services (Additional Hours/Bookmobile) for
six additional hours of operation of the Palm Desert Public wing of the Multi -Agency Library
each Thursday and operation of Bookmobile Service for Palm Desert, covering services
through June 30, 2011; 3) authorize the Mayor to execute said contracts; 4) authorize
issuance of a City purchase order, favoring Library Systems & Services, Inc. (LSSI),
Germantown, Maryland, in the amount of $25,000 for the purchase of materials for
FY 2009-2010 - funding for all the above has been approved in the FY 2009-2010 budget
in Account No. 452-4662-454-4001 - no additional appropriations are necessary, and
funding to support these services in FY 2010-2011 will be considered through the
established process and subject to approval at the appropriate time. Motion was seconded
by Kelly and carried by a 4-0 vote, with Spiegel ABSENT.
C. REQUEST FOR APPROVAL OF A CONTRACT WITH KIMBERLY CORAK
FOR WEBSITE / ONLINE DEVELOPMENT SERVICES (CONTRACT
NO. C29090).
Councilman Ferguson stated it seemed the City had been spending
$77,000+ every year for a website that had been architecturally stable. The
artwork had been consistent, and the only noticeable changes were
information, data entry work, and responses to residents e-mail's. He didn't
understand why those things couldn't be done in-house or why the City
needed to be spending $70,000 a year on what was a simple website.
Information Systems Manager Clay von Helf stated the City had just
launched a new Marketing website, and it was in the middle of updating the
e-government website by giving it a new look. He said Ms. Corak policed
service by making sure content was uploaded by staff, that it met usability
standards, and the website was easy to use for residents and businesses.
Councilman Ferguson asked why staff couldn't train someone at City Hall to
do this function, because it wasn't rocket science.
Marketing Manager Kristy Kneiding added that Ms. Corak provided services
for new technology such as search engine optimization, and from a
marketing aspect, staff didn't have the technical knowledge or ability to do
it.
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Mr. von Helf added he didn't have the staff to train and only had two people
on the IT department.
Councilman Ferguson asked about the possibility of Council approving
$72,000 to train someone.
Mr. von Helf said his department only covered half of the $72,000 and didn't
believe $72,000 would cover the cost of a full-time position.
Councilman Ferguson stated the City's website mystified him and questioned
why the City needed multiple web sites with multiple addresses, which lead
to grand confusion. He also didn't understand why the look needed to be
updated every year. He said the website was a functional tool that provided
information to its residents, but the City had Art in Public Places, Police,
Marketing, and e-government web sites, which was more than what the
County of Riverside in the State of California had. It seemed a lot of money
was spent on appearance for no particular reason, which he didn't think
changed much.
Mr. von Helf explained it was not only the appearance that was being
changed but also the functionality.
Councilman Ferguson questioned why e-mails had to be answered by a
consultant, because e-mails were bounced to him from someone who was
a contractor; they weren't being forwarded to him by the City Clerk or Council
Secretary.
Mr. von Helf responded Ms. Corak didn't answer e-mails. He said e-mails
are dispersed throughout the City to the appropriate department and
answered by staff. Ms. Corak polices the website for content, search engine
optimization, and coordinates with the latest technology to make sure the
website didn't look stale or old.
Mayor Pro Tem Finerty asked how long did an average website remain fresh.
Ms. Kneiding stated some of the things mentioned by Councilman Ferguson
and Mayor Pro Tem Finerty dealt more from a design perspective, but what
she and Mr. von Helf were talking about was usability and the way people
searched for information, which changed constantly. She said Ms. Corak
kept on top of it, and she also looked for the best manner in which to present
information. She said the Art website was incorporated into the Tourism site,
so now all the Art in Public Places was part of the palm-desert.org website.
Mayor Pro Tem Finerty asked what would be the harm if this matter was
delayed for a year.
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Ms. Kneiding replied she met with Ms. Corak every week to discuss topics
such as search engine, content, and social media, so from a marketing
standpoint it would be devastating.
Councilman Ferguson stated it was nice that they met every week, but that
was just shifting around the same shells and putting them in a different order.
Ms. Kneiding noted the City had new content for each e-blast when
promoting hotel specials or things happening in the City, which someone had
to formulate.
Councilman Ferguson couldn't believe that a City with 100+ employees didn't
have one employee that could do the work.
Mr. von Helf reiterated he didn't have the staff to do it.
Councilman Ferguson said he would vote no because he used the website
on a regular basis and it looked different every time, but it wasn't easier to
use whether it was stale or fresh.
Ms. Kneiding said she would be happy to meet with Councilman Ferguson
to explain and show the more intricate details that were happening with the
contract, which she thought was very important. She went on to say that
Ms. Corak's rate was $75.00 an hour, and to find a consultant to work for that
amount from either the IT or marketing side was extremely affordable.
Councilmember Benson stated she would move approval for the year, and
as the City Manager was looking over the reorganization of the City, he can
review how this program can be improved to avoid this situation every year
at this cost. She didn't know how many website designers the City had, but
it seemed every year was a new one, which didn't seem feasible. She said
maybe there was some way to incorporate this program into some other
program using in-house staff.
Councilman Kelly stated he was in favor of continuing this to August 27,
2009, until someone could review and explain exactly what the City was
buying for $72,000, because he had the same concern.
Councilman Kelly moved to, by Minute Motion, continue to the meeting of August
27, 2009, with staff requested in the meantime to provide precise information on the scope
of services included in the proposed contract. Motion was seconded by Benson and carried
on a 3-1 vote, with Ferguson voting NO and Spiegel ABSENT.
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D.
PALM DESERT CITY COUNCIL MEETING JULY 9, 2009
REQUEST FOR EXTENSION AND AMENDMENT OF CONTRACT WITH
COACHELLA VALLEY PRINTING GROUP FOR PRINTING OF TEN (10)
ISSUES OF THE BRIGHTSIDE NEWSLETTER FOR FISCAL
YEAR 2009-2010 (CONTRACT NO. C27841).
Councilman Kelly moved to, by Minute Motion: 1) Approve a one-year extension of
the subject contract for printing of the BrightSide newsletter for a total amount not to
exceed $60,480 for FY 2009-2010; 2) amend the contract to reduce the number of issues
from 12 to 10; 3) authorize the Mayor to execute said contract — funds are available in
Account No. 110-4417-414-3610. Motion was seconded by Benson and carried by a 3-1
vote, with Ferguson voting NO and Spiegel ABSENT.
E. REQUEST FOR APPROVAL OF AMENDED PORTOLA COMMUNITY
CENTER LEASE AGREEMENT.
Councilman Ferguson stated he noticed in the last issue of the Brightside the
City was advertising for applications to lease space. It was his
understanding the Portola Community Center was currently fully occupied.
Ms. Riddle responded the Council awarded two offices on a temporary basis
to Friends of the Desert until June 30, 2009, and that's what staff was
advertising for. Further responding, she said Council made the decision to
award on a temporary basis in November.
Councilman Ferguson asked if staff was under the impression that Council
meant to kick Friends of the Desert out.
Ms. Riddle answered yes, because the two offices were awarded on a
temporary basis until June 30, 2009.
Councilman Ferguson stated he would like to revisit that decision.
Councilmember Benson thought it was given to the Historical Society with
the Friends of the Desert having an office there.
Ms. Riddle said Friends of the Desert already had three permanent offices
there and two additional offices were awarded on a temporary basis for a
total of five offices. She said the building had a total of seven offices, and
it was her understanding or policy that the Community Center was supposed
to be provided to as many nonprofit organizations in the community as
possible.
Councilman Ferguson questioned if that was a Council decision, because the
Henderson Building was supposed to be available to as many nonprofit's as
possible, yet it was largely dominated by the Chamber of Commerce. Friends
of the Desert Mountains raised valuable funds that bought up space and
saved City money. At a minimum, he thought Friends of the Desert should
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REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2009
have been contacted before advertising. He said the City had three buildings
that could be rented out to nonprofit groups; the Brothers Building, Portola
Community Center, and the Henderson Building. He didn't mind that
something as valuable as the Chamber took up a majority of the space at the
Henderson Building or that Friends of the Desert Mountains took a
disproportion amount of space in the Portola Community Center. He would
like to revisit the discussion to whatever was said in November.
Mayor Pro Tem Finerty recalled it was a fight to allow Friends of the Desert
to get into the temporary offices, but they were vacant at the time. She
thought staff would have at least contacted someone and asked if they
wished to continue using those offices, and then allow Council to decide
weather to allow them to stay or open it up for other nonprofit organizations
instead of just advertising on an assumption. She asked Ms. Riddle if
someone had contacted Friends of the Desert to ask if they wished to stay.
Ms. Riddle answered no. Further responding regarding the advertisement,
she said one application was received, but the organization didn't qualify.
Councilmember Benson suggested that staff not receive any more
applications until it checked with Friends of the Desert to see if they wanted
the two offices.
Mayor Pro Tem Finerty stated that perhaps this matter could be continued
to the meeting in August, and in the meantime direct staff to contact Friends
of the Desert and return to the Council with their answer, and then allow the
Council to make a decision.
Ms. Riddle responded staff could do that, but the item on the agenda was
just to amend the lease to include the City's recycling policy. The Council
could still make a decision as far as the two offices, but it shouldn't hold up
the approval of the amended lease.
Mayor Pro Tem Finerty stated what caught her eye was the information on
page two of the staff report, where staff indicated they had advertised for the
two offices occupied by Friends of the Desert Mountains in the July/August
Brightside issue.
Ms. Riddle stated that was meant to be additional information for the Council,
but had nothing to do with the recommendation for this item.
Councilman Kelly stated approval on this item would amend the leases to
include recycling for the Community Center.
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2009,
Councilman Kelly moved to, by Minute Motion, approve: 1) Amended Portola
Community Center Lease Agreement; 2) Amended Leases with Friends of the Desert
Mountains and the Palm Desert Historical Society for the Portola Community Center
(Contract Nos. C29140 and C29150, respectively), with further directed staff to return to
the City Council on August 27, 2009, with a policy for the rental of office space at Portola
Community Center. Motion was seconded by Ferguson.
Councilman Ferguson asked what was the City doing with the recycling
program at the Portola Community Center.
Ms. Riddle responded that containers similar to what the City had were put
in there, and staff was educating the tenants on the City's recycling program
and trying to get them to participate because of AB839. Staff was trying to
carry it out in all the city -owned buildings and facilities. Further responding,
she said staff already started the implementation, but the lease had to be
amended to include the recycling program with the Historical Society and
Friends of the Desert.
Councilman Ferguson suggested doing nothing until Friends of the Desert
was contacted, because he's seen organizations be bumped out. He didn't
like the current policy, which was why he firmly believed one needed to be
set, and he was willing to do that on August 27, 2009.
Mr. Wohlmuth recommended Council approve amending the leases for
recycling and direct staff to look at the polices at the Portola Community
Center in terms of leases, because the City significantly subsidized leases
in that building with energy, maintenance, custodial, secretarial, reservations,
and landscaping services. He said staff will return with a policy for Council
to review on August 27, 2009. However, he was in possession of the City
Council minutes of November 20, 2008, where Council specifically granted
Friends of the Desert Mountains a month -to -month stay and not go pass
June 30, 2009. He said perhaps that was one of the reasons staff went out
to advertise.
Mayor Pro Tem Finerty stated she recalled it was supposed to be month -
to -month through June 30 and then Council was going to take a look at it.
Mr. Wohlmuth replied that was not what the motion reflected.
Councilman Ferguson reiterated that's why he wanted to revisit that decision
this evening, and he was not blaming staff at all. He said Coachella Valley
Association of Governments (CVAG) occupied a majority of the space at the
Brother's Building, but it was an important institution and valuable to have
there. He felt the same about the Chamber of Commerce taking a
disproportion amount of space at the Henderson Building, but why the
Council gave Friends of the Desert temporary quarters as opposed to
permanent was beyond him, but he will go back and look at his notes.
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REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2009
However, at a minimum, given all that the Friends of the Desert had done,
check to see what would work best for them before going out and advertise.
In his opinion, it appeared the City was snubbing them and running an ad to
replace them. He thought a better policy was needed for the Portola
Community Center.
Mayor Pro Tem Finerty called for the vote and it carried on a 4-0 vote.
F. CONSIDERATION OF INFORMATIONAL REPORT REGARDING
LAFCO 2009-04-4, THE REORGANIZATION TO INCLUDE
ANNEXATION 89 (INDIO TRAILS) TO THE CITY OF INDIO AND
CONCURRENT DETACHMENTS FROM THE RIVERSIDE COUNTY
WASTE RESOURCES MANAGEMENT DISTRICT.
Councilman Ferguson stated he represented Indio Trails two years ago and
didn't believe he had a legal conflict, but probably an appearance of one. He
said he would abstain on this item and left the Council Chamber.
Assistant Planner Missy Grisa stated the City occasionally received notices
from Riverside Local Agency Formation Commission (LAFCO) for the
opportunity to either comment or request more information. The City had
requested to reattached Sun City to Palm Desert's sphere of influence at the
request of Sun City residents, and the proposed annexation of Indio Trails
was directly north of Sun City Palm Desert. Staff was neither in favor nor
against this project; this was strictly a policy decision. Staff was simply
looking to see if the Council had comments so it could respond. If there were
none, this will just be an informational report to the Council.
Councilman Kelly noted Sun City had an active board and wondered if staff
had asked them if they had any comments.
Ms. Grisa responded it had not, but agreed to do so.
Councilman Kelly said it seemed this whole annexation was set up to satisfy
the people in that area because the annexation included five acres of
commercial. He said the City needed to make sure Sun City residents were
comfortable.
Ms. Grisa pointed out that comments were required to be returned by
July 30, 2009. She offered to contact the board of Sun City and either return
to Council with their comments or forward them directly to LAFCO.
Responding to question, she said if there were no comments to offer, nothing
would be filed.
Mr. Wohlmuth stated the City received many notices from LAFCO on
potential annexations by other cities, and the City normally didn't comment.
The only reason this item was on the agenda was because the Council
18
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REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2009
recently added Sun City back to the City's sphere of influence, and the
annexation was directly adjacent to Sun City. His recommendation was to
not comment on this annexation, which was the City's typical response.
Councilman Kelly moved to, by Minute Motion, directed staff to contact the Board
of the appropriate Sun City Palm Desert Resident Association to obtain its position and
forward same from the City of Palm Desert to LAFCO. Motion was seconded by Benson
and carried by a 3-0 vote, with Ferguson and Spiegel ABSENT.
G. CONSIDERATION OF APPROVAL, OF ARTWORK DESIGN PROPOSAL
"PROFESSIONALS WHO CARE" BY PATRICK JEWETT FOR THE
COVE COMMUNITIES SHERIFF STATION LOCATED ON GERALD FORD
DRIVE NEAR MONTEREY AVENUE, PALM DESERT.
Mayor Pro Tem Finerty understood this was an art piece the County had
chosen and will also pay its total cost of $160,000.
Public Arts Coordinator Deborah Schwartz concurred, stating the developer
had already paid $100,000 into the Public Art Fund.
Councilman Kelly moved to, by Minute Motion, consider Patrick Jewett's artwork
proposal, "Professionals Who Care" as the art component for the Cove Communities
Sheriff Station located on Gerald Ford Drive near Monterey Avenue, Palm Desert — fee
paid into the Art Fund to date is $100,000, with artwork cost of $160,000, and developer
will request reimbursement of art fee paid into the Fund once the artwork is complete
(Account No. 436-0000-312-2700). Motion was seconded by Ferguson.
Councilman Ferguson said it was one of the finer public art pieces he's seen
since the Mother and Daughter piece and the one at Freedom Park. He said
he liked realism art, and he would be proud to have it in front of the police
station.
Mayor Pro Tem Finerty commented that recognizable art was always a
pleasure.
Councilman Kelly noted this was a reminder that Council didn't always
disagree with everything Art in Public Places did.
Mayor Pro Tem Finerty called for the vote and it carried by a 4-0 vote, with Spiegel
ABSENT.
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REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2009
H. REQUEST FOR APPROVAL OF MEMORANDUM OF UNDERSTANDING
(MOU) BETWEEN DESERT SANDS UNIFIED SCHOOL DISTRICT, THE
YMCA OF THE DESERT, AND THE CITY OF PALM DESERT AS IT
RELATES TO PARTICIPATION IN AN AFTER -SCHOOL PROGRAM AT
LINCOLN ELEMENTARY SCHOOL (CONTRACT NO. C29160).
Councilman Ferguson moved to, by Minute Motion, authorize the Mayor to execute
the subject MOU between Desert Sands Unified School District, YMCA of the Desert, and
City of Palm Desert as it relates to participation in an After -School Program at Lincoln
Elementary School — funds in the amount of $75,000 for this purpose have been approved
in the FY 2009-2010 Budget. Motion was seconded by Benson and carried by a 4-0 vote,
with Spiegel ABSENT.
I. REQUEST FOR APPROVAL OF MEMORANDUM OF UNDERSTANDING
(MOU) BETWEEN DESERT SANDS UNIFIED SCHOOL DISTRICT,
PALM DESERT CHARTER MIDDLE SCHOOL, AND THE CITY OF
PALM DESERT AS IT RELATES TO PARTICIPATION IN AN AFTER -
SCHOOL PROGRAM AT PALM DESERT CHARTER MIDDLE SCHOOL
(CONTRACT NO. C29170).
Councilman Kelly moved to, by Minute Motion, authorize the Mayor to execute the
subject MOU between Desert Sands Unified School District, Palm Desert Charter Middle
School, and City of Palm Desert as it relates to participation in an After -School Program
at Palm Desert Charter Middle School — funds in the amount of $75,000 for this purpose
have been approved in the FY 2009-2010 Budget. Motion was seconded by Ferguson and
carried by a 4-0 vote, with Spiegel ABSENT.
J. REQUEST FOR AUTHORIZATION FOR STAFF TO PROCEED WITH
MODIFICATIONS TO THE EXISTING DESERT WILLOW GOLF RESORT
PARKING LOT IN AN AMOUNT NOT TO EXCEED $50,000 (JOINT
CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT
AGENCY).
Councilman/Member Ferguson asked if anything was being done about the
adjacent temporary parking lot or if this item was for improvements only.
Councilman/Member Kelly said he spoke with Redevelopment Agency staff
about it, and he was assured work would move ahead with the temporary
parking area while it was installing the driveway.
Councilman/Member Kelly moved to, by Minute Motion, authorize: 1) Staff to
proceed with the modifications to the existing Desert Willow Golf Resort Parking Lot; 2)
Director of Finance to appropriate funds in an amount not to exceed $50,000 from
Unobligated Project Area No. 2 Funds for this purpose, with the condition that the
appropriate steps are being taken to also improve the temporary parking area at Desert
Willow. Motion was seconded by Ferguson and carried by a 4-0 vote, with
Spiegel ABSENT.
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REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2009
XV. CONTINUED BUSINESS
None
XVI. OLD BUSINESS
A. REQUEST FOR ACCEPTANCE OF LEGAL SERVICES SELECTION
COMMITTEE'S RECOMMENDATION FOR CITY ATTORNEY AND
REDEVELOPMENT AGENCY COUNSEL SERVICES (CONTRACT
NO. C28880) (JOINT CONSIDERATION WITH THE PALM DESERT
REDEVELOPMENT AGENCY).
Councilman/Member Ferguson stated that in the absence of
Mayor/Chairman Spiegel, he felt obliged to provide a report on behalf of the
two Council representatives. He said a total of eleven applications were
received, and the Committee consisting of himself, the Mayor, City Manager,
Retired Judge, and former CEO with the County of Riverside, narrowed the
selection down to the three most qualified. The Committee interviewed all
three firms on the same day and returned the following day to take a vote.
The Committee voted unanimously to keep things the same. He said it may
appear like a waste of time, but it was reaffirming to know the fees were
market -rate, and the City was paying a fair amount. In his opinion, Palm
Desert had two of the best municipal law firms available today. He said some
things were cleaned up, which he wouldn't go into, but he felt much better
going forward. He said Palm Desert was fortunate to have had two firms that
served the City well for 30+ years.
Councilman/Member Ferguson moved to, by Minute Motion: 1) Approve the Legal
Services Selection Committee's recommendation to retain Mr. David Erwin of Best, Best &
Krieger as City Attorney and William Strausz of Richards, Watson & Gershon as
Redevelopment Agency Counsel; 2) authorize the City Manager/RDA Executive Director
to negotiate the Legal Services Contracts and return to the City Council/Redevelopment
Agency Board in August for approval. Motion was seconded by Kelly.
Councilman/Member Kelly thanked the Committee for all the time spent in
the selection process.
Mayor Pro Tem/Vice Chairman Finerty called for the vote and it carried by a 4-0
vote, with Spiegel ABSENT.
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REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2009
B. REQUEST FOR AWARD OF CONTRACT TO CANDYL GOLF GROUP,
INC., FOR THE ELDORADO MEDIAN LANDSCAPE RENOVATION
(CONTRACT NO. C28910, PROJECT NO. 942-08).
Councilman Kelly moved to, by Minute Motion: 1) Award the subject contract for the
Eldorado Drive Median Landscape Renovation to Candyl Golf Group, Inc., La Quinta,
California, in the amount of $84,241; 2) authorize a 10% contingency for the project in the
amount of $8,424.10; 3) authorize the Mayor to execute said contract — Capital Project
Reserve Funds are available in Account No. 400-4614-433-4001. Motion was seconded
by Ferguson and carried by a 4-0 vote, with Spiegel ABSENT.
C. REQUEST FOR APPROVAL OF SECOND AMENDMENT TO THE LEASE
AGREEMENT WITH FKC PALM DESERT PARCEL 1, LLC, FOR
WASHINGTON STREET SHERIFF SUBSTATION (CONTRACT
NO. C19712).
Councilmember Benson moved to, by Minute Motion: 1) Approve the Second
Amendment to the Lease Agreement with FKC Palm Desert Parcel 1, LLC, for the
Washington Street Sheriff Substation in the amount of $1.00 for the one-year term
commencing July 1, 2009, and expiring June 30, 2010; 2) authorize the Mayor to execute
same. Motion was seconded by Kelly and carried by a 4-0 vote, with Spiegel ABSENT.
D. REQUEST FOR AUTHORIZATION FOR STAFF TO SUBMIT
"APPLICATION PART II" TO THE LEAGUE OF AMERICAN BICYCLISTS
FOR CONSIDERATION OF DESIGNATION AS A BICYCLE FRIENDLY
COMMUNITY.
Councilman Ferguson moved to, by Minute Motion, authorize staff to submit
"Application Part II" of the process to The League of American Bicyclists for becoming a
Bicycle Friendly Community. Motion was seconded by Kelly and carried by a 4-0 vote, with
Spiegel ABSENT.
E. REQUEST FOR APPROVAL OF COMPLETED ARTWORK, "FAMILY OF
THE COACHELLA VALLEY" FOR THE VINEYARDS AT PALM DESERT
DEVELOPMENT AND REIMBURSE THE FEE PAID INTO THE ART FUND
(Sinatra and Cook Project, LLC, Applicant).
Councilmember Benson moved to, by Minute Motion: 1) Approve completed artwork
by Dr. Paul Flanagan titled "Family of the Coachella Valley" as the public art component
for The Vineyards at Palm Desert Development located at 37-600 College Avenue;
2) reimburse the fee paid into the Art Fund in the amount of $86,061.14 to the developer.
Motion was seconded by Kelly and carried by a 4-0 vote, with Spiegel ABSENT.
22
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REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2009
XVII. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL OF A CLARIFICATION TO PALM DESERT
MUNICIPAL CODE CHAPTER 25.112 - EXCEPTIONS BASED ON
UNCONSTITUTIONAL TAKINGS Case No. ZOA 09-253 (City of
Palm Desert, Applicant).
Rec: Waive further reading and pass Ordinance No. 1192 to second
reading, clarifying the language of Ordinance No. 1104 § 1 (Part) by
stating explicitly that the Planning Commission may limit the scope of
an exception or impose conditions when granting an exception based
upon unconstitutional taking.
Following is a verbatim transcript of this item.
Key:
CF Cindy Finerty, Mayor Pro Tem
LA Laurie Aylaian, Planning Director
JF Jim Ferguson, Councilman
DN David Nelson, Resident in opposition
BK Bruce Kuykendall, Resident in opposition
RSK Richard S. Kelly, Councilman
RDK Rachelle D. Klassen, City Clerk
CF Okay we have a public hearing, "Request for approval for clarification to Palm
Desert Municipal Code Chapter 25.112 - exceptions based on unconstitutional
takings, Case No. ZOA 09-253, City of Palm Desert, Applicant. Is there a staff
report?
LA The proposed, the proposed modification to the Zoning Ordinance that's in front of
you today is merely a clarification of the intent of, of the Ordinance. This Ordinance
has not been used before. We are currently processing our first case, which is
requesting an exception under the Ordinance, and...one of the parties involved
indicated that they were uncertain and asked question. Legal Counsel
recommended that, so that there be no question on fu—future cases brought before
us, we go ahead and clarify the Ordinance by adding this language. Essentially,
what it does, it reinforces the fact that the Planning Commission's decision on
exceptions based upon claims on unconstitutional taking are discretionary decisions
and not ministerial. The Ordinance in the exceptions applies to every parcel in the
City, so that anybody who is faced with a parcel from which they believe all
economic value has been stripped, under a strict application Zoning Ordinance,
would be that they make a case for being granted an exception. If you have any
questions, I'm pleased to answer them.
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REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2009
CF Any questions?
JF I move approval.
CF It's a public hearing.
JF Oh I'm sorry.
CF Okay, so I'II open the public hearing, and since the City is the Applicant, I'II ask
Mr. Nelson who wished to speak.
DN Honorable Mayor, members of the Council, my name is David Nelson, I live at
72595 Bevertail Street in Palm Desert. I'm the owner of a five -acre parcel in Upper
Way West, which as you know, I've been trying to obtain approval from the City to
build a single-family home on the parcel for more than six'/2 years now. I'm here
tonight to oppose the City's proposed amendment to Chapter 25.112 as noted in my
statement to the Planning Commission and stated in my attorney's letter to the City.
I'm also here to speak out against this amendment on behalf of Bruce Kuykendall
and Dave Baron, who also owns five acres in this area. Both Kuykendall and myself
have applied for an exception application under this Ordinance. Our applications
seek exceptions to the zoning standards prohibiting development on the ridgeline
and restricting the pads and building size. We submitted the application with all the
required appraisals and engineering analysis, which showed that if these standards
are applied against our property, it will result in an unconstitutional taking of our
property. Our property will have no economical viable use. Under the existing
Chapter 25.112, the Planning Commission is required to determine based on the
evidence it receives, whether the application of these zoning standards to our
properties would result in a constitutional taking. If so, the City can either buy the
property or exempt the development from these standards. The problem with this
proposed amendment is that if the Planning Commission finds that the zoning
standards, if applied, would result in a taking of a private property, it can impose
new standards and conditions on the property. This makes no sense to me. Our
application --our applications only ask whether the zoning standards that have...that
I have identified, if applied against our property is a taking of private property. That
is the only determination at issue. Our applications are not for a project. The
Planning Commission should not be allowed to impose new standards, which are
not existing zoning standards and have not been subject to any sort of public review
and comment and place them on our property. That's (unclear) permissible spot
zoning, and it is unfair and discriminatory against our property. The City's argument
for making this change is to clarify the existing Ordinance, but there is no part in this
existing Ordinance that can be construed to allow conditions to be applied if the City
determines that a taking has occurred. We believe it is not implicit that the City has
that right. Our first request is for the City Council to not adopt this proposed
amendment, but if you choose to adopt this proposed amendment, then I request
that it not be right —retroactively applied to Kuykendall's and my pending application.
My attorney's letter addresses why this amendment should not be applied
retroactively to our property. And from my perspective, it is simply unfair and
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REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2009
unreasonable to continue to change the rules and regulations governing the
application procedure while people are in the midst of the application and having
good faith...have in good faith relied on those procedure in pursuing the
development of their property. Please consider carefully my request, and I thank
you for your time.
CF Thank you Sir.
JF Mr. Nelson, just a couple of questions, 'cuz I, I...it's hard for me to follow your
argument. You know, our Ordinance 25.112.020, one and two, three and four ask
for almost 25 different types of information, and it's your view that the Planning
Commission wants all of this information simply to say yes or no? And that it can't
say, "Gee this is very close to an inverse condemnation, and we better expand the
pad size because we want to look after the property owner?" Or is the glass always
half empty with you? I, I just don't understand your argument.
DN Okay I just, it...the property is either taken or it's not, and our were —our...
JF Well we don't even, we don't even have a, a building proposal?
DN Exactly, and if, if....
JF So how can you say it's taken....
DN If it is determine that it is a taking, and we make the exception, then we will have to
go ahead and go through the precise plan application and meet all the
requirements. And...at that point, if it is deemed necessary for certain conditions
to be applied, at that point, is the point we see it to be applied at.
JF So I guess my other question, and I won't direct it at you, maybe I'II direct it at your
partners that you're representing, not partners, Mr. Kuykendall. What's to prevent
a lot owner on the hillside from build —proposing the most egregiously obtrusive
impact from a building standpoint, and then say the Planning Commission is limited
to either saying yes or no, and if they say no, you sue them; and if they say yes, we
wind up with something that has absolutely no balance, taste, or anything else.
DN Well the Planning Commission and the City would have to determine whether that
is (unclear)
JF And isn't the determination....
DN ...the intent of the actual Ordinance.
JF And isn't that determination discretionary to the Planning Commission?
DN Not —on a precise plan yes. Were not filing for a precise plan.
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REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2009
JF Okay. I still don't understand the argument, but I guess the last thing I would offer
is, I know that you and other lot owners out there have similar concerns, but you
have very, very, very dissimilar properties, and so I don't know that forming an
alliance and coming in helps your property any...in fact it might even hurt it, but your
application hasn't come before us, and so I'm not gonna' guess on that. I'm just
suggesting that...you stick to representing your property.
DN Thank you.
CF Is there anyone else wishing to speak in favor or opposition? Okay.
BK Mr. Ferguson to answer your question here....
CF Excuse me, could you please state your name and address for the record?
BK Yes, my name is Bruce Kuykendall. My partner in the property is Dave Baron, we
own Barracuda LLC. In reference to your question, I've had four City
Councilmembers tell me that I would never build on my property on their watch.
RSK How about their names?
BK Mr. Ferguson, Ms. Finerty and Mr. (unclear)
RSK Well you said four.
BK Mr. Barron, our attorney's will represent us from hereon.
RSK 1 have never said one word to any of you, so when you get out there and make
accusations, 1 think you should be a little more careful.
BK Well, we were at the point, it's very clear (unclear)....
RSK I wouldn't even recognize you on the street or your attorney either, and so be
careful about accusation.
JF And just to be clear, I met with you and David to walk your property to understand
it, and never once said "over my dead body will you ever build here." So those
things just dig a deeper hole in my opinion.
BK That's....
JF If that's what you want to do, come here and insult us, go ahead.
BK Well Mr. Crites is another one that told us —met with him on the property, stated I will
never build on that property.
JF Well he's no longer here, so....
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REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2009
BK Well again....
JF And you are smart enough to know as a developer that the only thing that counts
is what happens during this public hearing. Now rumors and conversations and
hearsay don't make much sway for me. I'm —we're looking at an Ordinance that is
trying to, I think, enable...clarify the intent when it was adopted two years ago or
three years ago, that we want our Planning Commission to work with the topography
of the hillside, the natural outcropping, and to work with the developer to come up
with something tasteful that blended in. And that didn't mean they had to say yes
or no to your plans, it meant that they got all this information and use their
discretion, and in —can comment with that, is the ability to make certain restrictions,
perhaps make certain expansions, but to have a give and take with the developer
to assure the aesthetics of our hillside while maintaining your economic interest.
BK With all due respect Mr. Ferguson, I started the process back in 2003, and I worked
with Philip Drell and I submitted over five different applications, and I've been
moved around, danced around; meanwhile, we're in negotiation to be purchased by
the City. We talked to the City Manager, we used the company that he asked us
to use for an appraisal. Ms. Benson, when I was talking with Mrs. —Mr., Mr. Barron
and I were talking with Cindy Finerty, stated that if that was the position of the
Councilmembers, and, and we told her, I also stated what Buford Crites had said,
and she said "well we need to entertain purchasing the property." So that's when
we went and met with the City Manager. We got the appraisals, we submitted a
towing agreement, we, we've gone —went through the process, we stayed here all
summer last year, and then we were dropped once the appraisal came in. And to
be honest with you, there's another application before you that is going forward on
a roughly five acre or seven -acre parcel putting five lots on it that was privately held
at the same time that I was holding this property. But for some reason, because it's
now being turned over to the Stone Eagle project, which was no part of when the
project started, it was not part of the negotiations, but you're looking at approving
five lots up there, and that's going forward. So, you know as a local businessman
being here 28 years watching the City grow, working here, I just feel that we have
been treated unfairly, and financially it's putting a strain. We continue to redesign,
we continue to hire, now we have to hire —get a CEQA report. We're, we're into this
thing hundreds and thousands of dollars.
CF Mr. Kukendall, I don't know what conversation you're referring to, but I met with you
once and it was with Councilmember Benson, and I very much resent what it is that
you're saying, but if you could please stick to the point of this public hearing I'd
appreciate it.
BK Well, I'll let the rest of my comments be taken with the, my legal counsel.
CF Thank you. Is there anyone else wishing to speak? Okay I'll close the public
hearing and ask the Council for their pleasure.
JF I'll make my motion for approval again.
27
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2009
RSK Second.
CF Please vote?
RDK Motion carries 4-0.
For mimosa of clarification:
Councilman Ferguson moved to waive further reading and pass Ordinance No. 1192
to second reading, clarifying the language of Ordinance No. 1104 § 1 (Part) by stating
explicitly that the Planning Commission may limit the scope of an exception or impose
conditions when granting an exception based upon unconstitutional taking. Motion was
seconded by Kelly and carried by a 4-0 vote, with Spiegel ABSENT.
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
None
B. CITY ATTORNEY
None
C. CITY CLERK
None
D. PUBLIC SAFETY
o Fire Department
None
o Police Department
None
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
None
o City Council Committee Reports:
None
28
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2009
o City Council Comments:
1. Councilmember Benson expressed appreciation to Burrtec
Waste and Recycling for its community spirit. Recently, she
said a Coachella Valley school had to cut its McCallum Field
Trips, where students are brought to the Theatre for
performances and lessons on the performing arts. She was
pleased to report that Burrtec had stepped up and agreed to
sponsor that school for the Field Trips in the coming year,
including student transportation to and from the McCallum.
2. With tongue in cheek, Councilman Ferguson thanked the City
of Indian Wells for never having contributed to the City of
Palm Desert's Fourth of July Fireworks for the last 20 years in
order to finally fund their own show this year and take some of
the Toad off of Palm Desert.
XIX. ADJOURNMENT
Upon a motion by Ferguson, second by Kelly, and 4-0 vote of the City Council, with
Spiegel ABSENT, Mayor Pro Tem Finerty adjourned the meeting to Closed Session at
5:25 p.m. She reconvened the meeting at 5:41 p.m.
Mr. Deitsch reported that the City Council and Redevelopment Agency convened
in a continued Closed Session moments ago and concluded same, after discussing
Property Negotiation Item No. 3 on the Posted Agenda under Closed Session; no
reportable action was taken on it. Additionally, the City Council completed its
discussion of anticipated litigation as listed on the Posted Agenda under Closed
Session, and no reportable action was taken on those items.
On a motion by Benson, second by Kelly, and 3-0 vote of the City Council, with
Ferguson and Spiegel ABSENT, Mayor Pro Tem Finerty adjourned the meeting at
5:44 p.m.
ATTEST:
EW E D. LASSEN' CITY CLE K
CITY OF PALM DESERT, CALIFORNIA
INDY FI ' Y, MAYOR PRO TEM
29