Loading...
HomeMy WebLinkAbout2010-10-28MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 28, 2010 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. City Clerk Rachelle Klassen convened the meeting at 3:00 p.m. Due to the lack of a quorum, she adjourned the meeting to 3:30 p.m. Mayor Finerty reconvened the meeting at 3:34 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro Tem Jim Ferguson Councilman William R. Kroonen Councilman Robert A. Spiegel arrived at 3:41 p.m. Mayor Cindy Finerty Also Present: John M. Wohlmuth, City Manager/RDA Executive Director Stephen P. Deitsch, Assistant City Attorney Justin McCarthy, ACM for Redevelopment Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk 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 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) MS. MARCIA FRANTZEN, President of the Villa Portofino Homeowners Association, introduced herself to the City Council and•stated that the group took over from the developer approximately two years ago. She said they were still experiencing a number of problems, and they'd gotten together to discuss. She wanted to agree with the speakers here who come after her today. Although there is a guarded gate at the main entrance, there are significant security problems. Her MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2010 residence is near the Portola Avenue access, and vehicles are coming through there in the middle of the night. She noted that Ms. Betty Barker had been her neighbor but left the development because of the security situation. She said they would appreciate any help the City could provide. MS. GAIL CHRISTIANSEN said Casa Blanca residents were present today with their neighbors from Silver Sands Racquet Club and Villa Portofino to request the City Council's help again. Two years had gone by with very little change; currently, clean-up work is being done on the premises at Villa Portofino, which was hoped would stabilize the soil there. This was the result of numerous letters being sent and numerous phone calls to the City. Unfortunately, it was only a temporary fix to the problem; because by next summer, the property would again be filled with tumbleweeds and dead shrubs that will once again roll over onto each of the surrounding properties along with the sand. She said a huge part of the problem stemmed from the elevation of the soil level being above all of the other properties, and there is nothing to stop the flow of sand shrubs or tumbleweeds. Additionally, she said the soil was moved without benefit of a permit and is over the approved elevation level; neighbors felt that just because Mr. LaMelza is no longer an owner of the property was not sufficient reason to allow a Code Violation to stand. Further, she stated that they'd also been told by a City employee that Casa Blanca's garden wall had been compromised and will have to be replaced. The employee said it would be made a requirement of any new owner to replace the wall before they'd be allowed to build. But she and her neighbors have serious concerns for the current situation, as well as for a potential buyer of the property who will believe that they'll be able to build at the existing elevation, and there will be no follow-through in regard to replacement of their wall. Therefore, they were present today to request that the City Council require the current owners to bring down the soil elevation level to that approved by the City and to provide Casa Blanca with written assurance that replacement of their garden wall will be a requirement of any new owners of the Villa Portofino property. Mayor Finerty asked Ms. Christiansen to leave her information with the City Clerk so that the City Manager can contact her. MR. DICK McLEAN said he was Past President of the Silver Sands Homeowners Association about five or six years ago when there was significant problem with blowsand and tumbleweeds from Villa Portofino coming onto their property, specifically their tennis courts along Portola Avenue. While they hadn't come to the City Council then, they had communicated extensively with the City Manager. Due to their efforts and those of their neighbors, a screening fence was installed. The fence improved the situation considerably, but then it fell into disrepair, and the situation was now practically back to where it was five or six years ago. He said Silver Sands was supportive of Casa Blanca and their fellow neighbors; Silver Sands was not suffering permanent damage, but Casa Blanca was. Silver Sands was experiencing nuisance damage and expense whenever the wind blew across 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2010 Villa Portofino. They get one or two truckloads of tumbleweeds that blow over their wall, which they have to pay to be removed; and someone has to be paid to get rid of the sand off the tennis courts. They hoped something could be done to eliminate the problems. 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. 205, Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Coachella Valley Mountains Conservancy 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 b) City of Palm Desert v. Federal Housing Finance Agency, Federal National Mortgage Association, and Federal Home Loan Mortgage Corporation, United States District Court Case No. 10-cv-04482 (N.D. Cal.) Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Mr. Deitsch described that with regard to the two items under Government Code Section 54956.9(b)(1), there are two open session Claims Against the City, which will be one of the cases of potential litigation; the second was a Public Records Act Request that could lead to litigation, and he advised discussing it in Closed Session. Upon a motion by Ferguson, second by Kroonen, and 4-0 vote of the City Council, with Spiegel ABSENT, Mayor Finerty adjourned the meeting to Closed Session at 3:41 p.m. She reconvened the meeting at 4:05 p.m. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2010 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 convened in Closed Session moments ago to discuss the items listed on the Posted Agenda under Closed Session, and no reportable action was taken. VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilman Robert A. Spiegel VII. INVOCATION - Councilmember Jean M. Benson VIII. ORAL COMMUNICATIONS - B MR. MIKE HARDIN of The Lock Shop, 73560 Highway 111, Palm Desert, and representing the Chamber of Commerce, updated the City Council on the upcoming Palm Desert Golf Cart Parade on Sunday, October 31, at 1:00 p.m. with the City its title sponsor. Being on the day, this year's theme was "Halloween Extravaganza," and activities run from 10:00 a.m. - 3:00 p.m. Around 15,000 normally attend along the El Paseo Corridor. So far the 290 VIP seats were sold out, with concierge service provided by Executive Errands and snacks supplied by Costco. Additionally, the 280-seat free senior area was full, sponsored by the Auen Foundation and supported by Eisenhower Medical Center. There would be 20 fun -filled, free booths in the Children's Play Area on Larkspur, along with a rock -climbing wall, animals, Halloween candy bags, and mascots. Ten food vendors will be available, along with the beer garden. Thirty fancy golf cars from local distributors will be on hand, and residents of the Palm Desert area would be showing their custom carts valued between $20,000 - $40,000 each. Two hundred costumed kids from the YMCA and around the area would participate, with a costume contest being held at The Gardens On El Paseo. The 29 Palms Marine Corps Band would kick-off the Parade with their 45-member unit, along with some retired Marines from around the Coachella Valley. Honorary Guests this year would be all-time Major League Baseball Catcher Johnny Bench, and Coachella Valley supporter Carl Karcher of Carl's Jr. He closed by inviting everyone to participate on Sunday. MR. WES AHLGREN, Coachella Valley Economic Partnership (CVEP), thanked the City Council and the City for its continued support of the Partnership as it extricates the climate for success in the Coachella Valley. Around 750 people participated in last Friday's Summit where the annual Economic Study/Annual Report was presented that includes all nine Valley cities. He presented copies of the Report and the specific Palm Desert version to City Councilmembers. He said it was also being sent electronically and will be available on CVEP's website. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2010 MR. BILL FROST stated he recently tried to submit an Application for Business License to operate a Medical Marijuana Dispensary in the City. He said the application was complete and didn't need to be modified; it was not denied but simply was not allowed to be submitted. He asked: 1) In Tight of the City of Rancho Mirage's current review of the issue after previously being committed to disallowing dispensaries, what the City Council's present position was; 2) has there been any provision made to develop a waiting list for applicants; if so, he would like to be on it. He added that frequently businesses open without proper license, then they're given first opportunity to be considered. He hoped his Business License Application would be. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF ANNUAL "MINI -MUSTER" RECOGNITION AND ARTWORK AWARD CERTIFICATES. On behalf of the City Council, Mayor Finerty presented Artwork Award Certificates to Third Graders from Palm Desert Elementary Schools: — Isabella Fakehany, Gerald Ford Elementary School — Marco Santana, Abraham Lincoln Elementary School — Maya Duenas, George Washington Charter Elementary School — Stephanie Garcia, Ronald Reagan Elementary School — Roxanne Elisha, James Carter Elementary School MR. JOHN and MRS. MADONNA MARMAN, Coordinators for the Annual Mini -Muster Program, presented certificates of appreciation to the City Council and staff and an engraved plaque to the City, recognizing its support of the program for the past 18 years. They also presented certificates of appreciation to all of the Elementary School Principals, the Fire Department, and Firefighters from the various stations for their invaluable participation. Engineer Merkh was recognized for his significant contributions to the Program this year. It was noted that there was a rain -out one of the days in this year's Mini -Muster, requiring a postponement at one of the schools, which has rarely, if ever, occurred. B. PRESENTATION OF PROCLAMATION TO RECOGNIZE "NATIONAL PHILANTHROPY DAY" - WEDNESDAY, NOVEMBER 17, 2010. On behalf of the City Council, Mayor Finerty presented the proclamation to Colleen McBride and Peter Rittenhouse, both of whom are members of the Association of Fundraising Professionals and were very appreciative of the recognition and accepted same for their organization and on behalf of all nonprofits. They noted this year was the fourth annual National Philanthropy Day, providing opportunity to celebrate those in the community who give so 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2010 much — Palm Desert being exemplary in its spirit of volunteerism and commitment to all sorts of causes. A number of community leaders were being recognized at the event on November 17, including Harold Matzner, Barbara Keller, Wells Fargo, the "Tick Tockers," the National Charity League for Youth in Philanthropy, as well as Ms. McBride herself being recognized as the Outstanding Fundraising Professional. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of October 14, 2010, and the Adjourned Regular City Council Meeting of September 20, 2010. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 86, 90, 91, and 95. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#673) by John Anthony McDonald in the Amount of $1,500,000. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. CLAIM AGAINST THE CITY (#674) by Kathy Seacrist in the Amount of $1,500,000. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. E. PUBLIC SAFETY COMMISSION MINUTES for the Meeting of September 8, 2010. Rec: Receive and file. F. RESOLUTION NO. 2010 - 78 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Files from the Code Compliance Department that Have Been Digitally Imaged — Files Dated April - June 2010. Rec: Waive further reading and adopt. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2010 G. REQUEST FOR APPROVAL of Contract with Time Warner Business Class for Telephone Service at City Hall (Contract No. C30270). Rec: By Minute Motion, approve the contract with Time Warner Business Class for a Primary Rate Interface to handle all City Hall outbound telephone traffic in the amount of $480/month — funds are available in Account No. 110-4159-415-3650. H. REQUEST FOR AUTHORIZATION to Release Maintenance Security for Construction of Various Public Improvements at 73-061, 73-080, and 73-081 El Paseo (El Paseo Collection, Applicant). Rec: By Minute Motion, authorize release of the Maintenance Security for Construction of Various Public Improvements at 73-061, 73-080, and 73-081 El Paseo. I. REQUEST FOR AUTHORIZATION to Release Precise Grading Security for El Paseo Village - Case No. PP 07-10 (El Paseo Land Company, LLC, Applicant). Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. J. REQUEST FOR AUTHORIZATION to Release Security for Technology Drive Street Improvements and Accept the One-year Maintenance Bond Therefor (Wilson Johnson, Applicant). Rec: By Minute Motion, authorize release of security for Technology Drive Street Improvements and accept the One-year Maintenance Bond therefor. K. REQUEST FOR AUTHORIZATION to Modify United States Department of Justice BJA FY 2009 Recovery Act Edward Byme Memorial Justice Assistance Grant Program Local Solicitation (Award #2009-SB-B9-0954). Rec: By Minute Motion, authorize staffs recommended modification of United States Department of Justice BJA FY 2009 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation (Award #2009-SB-B9-0954). Mr. Wohlmuth requested Item I be removed for separate consideration, and Councilman Kroonen noted he would abstain on Item A - Minutes of the Adjourned Regular City Council Meeting of September 20, 2010. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2010 Upon a motion by Ferguson, second by Benson, and 5-0 vote of the City Council, with the exception of Kroonen ABSTAINING on Item A - the minutes of September 20, 2010, the remainder of the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER I. REQUEST FOR AUTHORIZATION to Release Precise Grading Security for El Paseo Village - Case No. PP 07-10 (El Paseo Land Company, LLC, Applicant). Mr. Wohlmuth stated there were two issues to discuss with Council; the first was that this item was not just about the grading security for El Paseo Village, but about their security for grading for faithful performance and for labor and materials. In the "Background" portion of the Staff Report, it indicates the security is $281,207, but the issue at hand is that the Palm Desert Municipal Code identifies a 10% maintenance security for a one-year period after the completion of the public improvements. Given that the City has an Improvement Agreement and a Nonstandard Sidewalk Agreement with the El Paseo Village, staff believes the 10% maintenance security is unnecessary. The El Paseo Village has provided a cash deposit instead of a bond for the improvements, therefore, staff recommended releasing 100% of these securities. Mayor Pro Tem Ferguson moved to, by Minute Motion, approved 100% release of the Improvement Security for El Paseo Village (Case No. PP 07-10). Motion was seconded by Spiegel and carried by a 5-0 vote. XII. RESOLUTIONS A. RESOLUTION NO. 2010 - 79 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A CITIZEN'S SUSTAINABILITY COMMITTEE TO GUIDE THE DEVELOPMENT OF THE ENVIRONMENTAL SUSTAINABILITY PLAN RECOMMENDED ACTIONS. Councilman Spiegel asked how staff came up with the number of members for the committee. Assistant Planner Missy Grisa responded staff wanted a group that was small enough to manage but large enough to cover each of the six resource categories, and a few additional members to provide advice to staff fora total of nine members. She said the City of Palm Springs has a commission of twelve members, but staff felt it could get hectic with so many different opinions. Further responding, she said staff will request applications and advertise through The Desert Sun. She said the City Council can review the 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2010 applications and determine whether to interview all or only those deemed appropriate. Mayor Pro Tem Ferguson requested staff work with the Palm Desert Chamber of Commerce to recruit adequate business representation for the application and interview process. Councilman Spiegel moved to waive further reading and adopt Resolution No. 2010-79. Motion was seconded by Ferguson and carried by a 5-0 vote. B. RESOLUTION NO. 2010 - 80 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ORDERING AN AMENDED ASSESSMENT FOR A PARCEL OF LAND IN THE CITY OF PALM DESERT SECTION 29 ASSESSMENT DISTRICT (NO. 2004-02), FIXING THE AMOUNT OF THE FEES AND COSTS FOR SUCH AMENDMENT, AND APPOINTING A TIME AND PLACE FOR A HEARING ON SUCH AMENDMENT. Mayor Pro Tem Ferguson asked when would the proposed hearing take place. Ms. Klassen responded it was her understanding the hearing would take place November 18, 2010, the next scheduled City Council meeting. Mr. Greenwood stated Section 29 Assessment District had to do with the former Falling Waters property, now known as Monterey Ridge. When the property changed hands at about the same time this District was being formed, staff missed the step of having the assessments reapportioned to the condominiums. Further responding, he confirmed the staff report for the public hearing will provide a more detailed description of the apportionment of the parcel. Councilman Spiegel moved to waive further reading and adopt Resolution No. 2010-80. Motion was seconded by Ferguson and carried by a 5-0 vote. XIII. ORDINANCES For Introduction: None For Adoption: None 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2010 XIV. NEW BUSINESS A. CONSIDERATION OF REQUEST FOR REDUCTION OF THE TRUST DEPOSIT FEE OF $2,915 TO $1,500 FOR PROCESSING OF A CONDITIONAL USE PERMIT (CUP) TO OPERATE THE WEST COAST BARBER COLLEGE AT 74-350 ALESSANDRO DRIVE, SUITE A-1, WHICH IS LOCATED IN THE R-3(4) ZONE (RESIDENTIAL MULTIPLE FAMILY) (Jesus Escamilla, Applicant). Councilman Spiegel asked if the operation was a school or barber shop. Assistant Planner Kevin Swartz responded it was a Barber College; therefore, it was a school. Further responding, he said the school will receive money for cutting hair. Mayor Finerty stated it was her understanding staff was recommending denial of the Conditional Use Permit (CUP), because the Applicant had not followed proper procedure. Mr. Swartz answered yes, stating the Applicant had not filed the CUP Application. Councilman Kroonen asked if staff had inquired with the Applicant as to why they did not follow up with the procedures. Mr. Swartz stated Code Enforcement had already sited the Applicant and was given more than a month to submit the Application. He noted the Applicant was present this evening and would like to speak on the matter. Mayor Pro Tem Ferguson stated the staff report indicated the Applicant didn't make a sincere attempt to move through the approval process, and besides that the Applicant had more than a month to submit a formal application, upon what basis did staff make that determination. Mr. Swartz stated the Applicant was informed they needed to file a CUP, but they did not come into City Hall or showed good -faith effort of moving forward in applying for the application. Further responding, he said the Applicant was informed about a month and a half ago, and they were denied the Business License Application on April 22, 2010, but they've been operating as a Barber College. He said the Applicant was denied a business license, because in the R3 Zone one cannot operate an institution or school without a Conditional Use Permit. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2010 Mayor Pro Tem Ferguson stated he understood the Applicant was on notice in April, and six weeks ago staff asked the Applicant to voluntarily come into City Hall to comply. Mr. Swartz answered yes. Further responding, he said to date staff had not received anything. MS. MARIELA (sp?) ESCAMILLA, Applicant's representative, Fred Waring Drive, Palm Desert, stated they misunderstood the paperwork and the requirements, and what was expected of them. They only had to set up substations and do some painting, which were the only renovations they did, because there was no need for plumbing or anything else. She said at a later date, when City staff discussed the matter with them, they understood what they had to do. She said they now had the CUP Application and paperwork for the building renovations they did. Mayor Finerty asked if the Applicant was prepared to submit the CUP Application, pay the free, and go through the process. MS. ESCAMILLA responded they were requesting a waiver or partial waiver on the deposit fee. Mayor Pro Tem Ferguson asked on what basis. MS. ESCAMILLA said the school was just getting started, and they are working on recruiting students. She said they had faith in the school and believed it will be an asset to the City, but at this time they didn't have all the funds for the deposit. She said some of the students were currently not able to pay for the hours of attendance at the school, but believed that prior to graduating they will make large payments. She said they presently had ten students enrolled and more money would be coming in prior to graduation. Mayor Pro Tem Ferguson asked if the waiver was approved, would the Applicant be able to pay $1,500 and make payments on the balance over time. MS. ESCAMILLA answered yes. Councilman Kroonen asked if students will receive certification upon completion of the program. MS. ESCAMILLA answered students will receive a license. She said once students complete the course, their information will be sent to the State where they will receive a license and operate as licensed barbers. Further responding, she said the school currently had ten students. However, having 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2010 just participated in Career Day, she had a list of 30 potential students she was working with and possibly enrolling. Further responding, she said the cost to enroll in the program was $8,500, but the fee was just dropped to $6,500, which included equipment, textbooks, and tuition. Mayor Pro Tem Ferguson asked if the school qualified for student loans and other assistance. MS. ESCAMILLA answered not at this time, stating the program had to be operating for three years before they qualified for Free Application for Federal Student Aid (FAFSA), but they've only been operating since April 2010. Councilman Kroonen asked if a Market Survey had been conducted in terms of being able to place students who graduate. MS. ESCAMILLA responded it was difficult to include placement as part of the program, because it depended on the technical skills and where students went to work. When she graduated from a cosmetology school in Palm Desert, she wasn't placed, but she knew there was a high demand according to statistics from the Bureau for Cosmetology and Barbering. Mayor Pro Tem Ferguson asked if a Iicensure was required from the State of California or any kind of approvals from the State Licensing Board to teach. In other words, if he were to pay $6,500 and wanted to make sure the organization was legitimate, did the West Coast Barber College have the proper credentials as a business. MS. ESCAMILLA answered yes, stating they were currently pending as a private secondary school, and it was just a matter of a few weeks before all their information was submitted to the California Bureau for Private Post secondary Education. She said they are currently able to operate without it, but they need fifteen students, which is the only thing holding them up from getting their school code. Councilman Spiegel asked if Council would be setting precedence if partial payment for the deposit was accepted. Economic Development Manager Ruth Ann Moore responded this was a Conditional Use Permit versus a Business License and wasn't sure if Planning practiced that in the past. Ms. Aylaian answered no, stating the fee was actually a deposit. She said cost was based on time spent on the project, and for a case like this, staff would expect to refund part of the $2,915 deposit fee. She said $1,500 was 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2010 not an unreasonable amount to expect this would cost. The City Council on a number of times in the past had approved reduction requests when people claimed hardship. Typically staff recommended approval, but were reluctant in this case, because they had history of trying to work with these folks and had not seen good -faith efforts in going through the process. Mayor Pro Tem Ferguson stated that based on what was said this afternoon, asked if staff was reassured that $1,500 would be acceptable now as opposed to when the staff report was written. Ms. Aylaian stated she believed that for the amount of work required to process a CUP, $1,500 was probably about what it would cost, and if the Applicant would like to make the deposit and submit the CUP Application, staff would love to process it. She said the Council might want to give the Applicant a seven-day time line in which to submit the Application, which will allow staff to continue with Code Enforcement action in the event the Applicant didn't follow through. Mayor Pro Tem Ferguson asked Ms. Escamilla if a seven-day time line would be sufficient, and she indicated agreement. Mayor Pro Tem Ferguson moved to, by Minute Motion, accept an initial deposit of $1,500 within seven (7) days of this meeting toward processing of a Conditional Use Permit (CUP) for West Coast Barber College located in the Residential Multiple Family Zone, subject to notifying Applicant should the cost of processing exceed the initial deposit and subsequent arrangements be made. Motion was seconded by Spiegel and carried by a 5-0 vote. B. REQUEST FOR AWARD OF CONTRACT TO CONVERSE CONSULTANTS IN THE AMOUNT OF $53,800 FOR MATERIAL TESTING AND SPECIAL INSPECTION SERVICES FOR THE PALM DESERT AQUATIC CENTER (CONTRACT NO. C29400C, PROJECT NO. 722-10) (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Responding to question on whether this testing was required because of the clay found when digging the hole for the pool. Mr. Wohlmuth said the proposed contract was for the overall testing that's required, which included the core samples of the concrete. However, in digging for the aquatic center and footing for the building, about six feet down, they hit a three-foot layer of clay, which couldn't be compacted. Staff asked the contractor to remove the clay, which they did, but they expect it will run the entire length of the aquatic center. He went on to say, that sixteen feet down, the clay would have to be removed anyway, because it was in the path for the footing of the building. The contractor placed a tarp and three-quarter inch aggregate, so staff 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2010 expects a change order in the $20,000 range. He said approval of this item will allow for several types of testing. Councilman/Member Spiegel moved to, by Minute Motion: 1) Award the subject contract for Material Testing and Special Inspection Services to Converse Consultants, Redlands, California, in the amount of $53,800; 2) authorize the Director of Finance to set aside a 10% contingency in the amount of $5,380; 3) authorize the Mayor to execute said contract — funds are available in Account No. 233-4549-454-4001 - Park and Recreation Facilities Fund, and Account No. 851-4549-454-4001 - Project Area No. 2 Aquatic Facility Capital Budget — no General Fund money is being used for this expenditure. Motion was seconded by Kroonen and carried by a 5-0 vote. C. REQUEST FOR AWARD OF CONTRACT TO ROBERTSON INDUSTRIES, INC., IN THE AMOUNT OF $74,407.01 FOR THE WASHINGTON CHARTER SCHOOL PLAYGROUND IMPROVEMENTS (CONTRACT NO. C30220, PROJECT NO. 729-11). Mr. Greenwood stated this item pertained to the playground at Washington Charter School, which had a rubberized surface under the playground equipment. He said that surface was more than seven years old and badly worn that it was time for it to be replaced. Councilman Spiegel stated the amazing thing about this playground was that it also served as a pocket park that received tremendous amount of play by surrounding residents, because it's open to the residents on the evenings, after school, on the weekends, and during the summer. He said the City of Palm Desert initially helped the school by putting in the playground, and consequently, they decided to rebuild the entire school when they passed their bond, which was helped by the playground. Councilman Spiegel moved to, by Minute Motion: 1) Waive irregularities in Contractor's Proposal submitted by Robertson Industries, Inc.; 2) award the subject contract for the Washington Charter School Playground Improvements to Robertson Industries, Inc., Phoenix, Arizona, in the amount of $74,407.01; 3) set aside a 10% contingency in the amount of $7,440.70; 4) authorize the Mayor to execute said contract — funds are available in Account No. 233-4618-454-4001 - Park and Recreation Facilities, Citywide Park Improvements— no General Fund money is being used for this expenditure. Motion was seconded by Kroonen. Mayor Pro Tem Ferguson agreed Palm Desert did a great thing there, but it seemed like it was just yesterday that it built the playground, and the City was now spending more than $70,000 for a rubberized surface, which seemed extremely expensive. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2010 Landscape Manager Spencer Knight responded the existing swing set was also being changed out. The existing swings are ten -feet tall, and in order to meet the appropriate requirements, a thick base is required. He said it would be cheaper to put in a new swing set at eight feet to meet the standard depth. Additionally, posts that were part of the original equipment which has been detached will also be removed and the holes will be filled in and covered. Further responding, he said the area will be upgraded and noted the current groundcover was trashed. Mayor Finerty commented the good news was that the playground was being used, and secondly, funding would come from the Parks and Recreation Fund with no general fund monies being used. Mayor Finerty called for the vote, and the motion carried on a 5-0 vote. D. REQUEST FOR AWARD OF CONTRACT TO CANDYL GOLF GROUP, INC., IN THE AMOUNT OF $25,081.59 FOR THE CIVIC CENTER PARKWAY TURF RETROFIT PROJECT - PHASE II (CONTRACT NO. C30250, PROJECT NO. 962-11). Landscape Manager Spencer Knight stated this contract was for Phase II of the retrofit project for the entrance on San Pablo Avenue to the entrance at the Community Center and both parkways coming into the main parking area at City Hall. Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract for the Civic Center Parkway Turf Retrofit Project - Phase II to Candy! Golf Group, Inc., La Quinta, California, in the amount of $25,081.59; 2) approve a 10% contingency in the amount of $2,508.16 for the project; 3) authorize the Mayor to execute said contract — funds are available in Account No. 400-4614-433-4001 - Capital Project Reserve Fund. Motion was seconded by Ferguson and carried by a 5-0 vote. E. REQUEST FOR APPROVAL OF AN EASEMENT EXCHANGE AGREEMENT TO ACCOMMODATE A LOT LINE ADJUSTMENT LOCATED AT THE NORTH END OF TECHNOLOGY DRIVE IN THE CITY (CONTRACT NO. C30280) (La Quinta Village Business Center, Applicant). Mr. Greenwood stated the work for this contract is to relocate the drainage easement to accommodate the new Department of Motor Vehicles (DMV) facility that's being proposed on Technology Drive, which is near Cook Street and the Interstate-10 Freeway. He said a parcel line had to be moved to accommodate the DMV, which caused an easement for a future drainage facility to be in the wrong place. The current request is to move the drainage easement, which is purely a paper action and no physical construction is associated with this request. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2010 Councilman Kroonen moved to, by Minute Motion, approve and authorize the Mayor to execute the subject Easement Exchange Agreement to accommodate a lot line adjustment located at the north end of Technology Drive. Motion was seconded by Ferguson and carried by a 5-0 vote. F. REQUEST FOR APPROVAL OF LEASE AGREEMENT BETWEEN THE DESERT WILLOW GOLF RESORT AND CLUB CAR, INC., IN THE AMOUNT OF $829,850.56 FOR A TERM OF 48 MONTHS IN ORDER TO PROCURE 176 GOLF CARTS AND THREE (3) BEVERAGE CARTS (CONTRACT NO. C30290). Mayor Pro Tem Ferguson stated this lease agreement was for almost $1 million on golf carts that he felt an explanation might be helpful. Senior Management Analyst Catherine Walker stated any questions she might not be able to answer, may be answered by representatives from Desert Willow in terms of the golf carts. She said the previous four-year lease agreement for the golf carts for the Desert Willow Golf Resort (DW) had expired and it was time to enter into a new lease. Traditionally, at the end of the four-year term, the City purchased the golf carts and used them as a deduction in the trade-in value for the new negotiations. Staff proposes to keep consistency in terms of golf cart usage and stay with the same vendor Club Car Inc. She said the golf carts will be procured through a national program that allowed the City to piggyback off a competitive solicitation for proposals that were done through another government entity or municipality. In this case, it was Tucson, Arizona, which the City Attorney can speak more to and the legalities involved. Mayor Finerty stated she understood staff was happy with Club Car Inc., but questioned if staff solicited bids from anyone else. Ms. Walker responded representatives from Desert Willow will be better able to answer the question. MR. RICH MOGENSEN, General Manager at Desert Willow Golf Resort, Palm Desert, stated they were pleased with the golf carts during the previous four-year period. In discussions with City staff regarding the Intergovernmental Purchasing Alliance (IPA) Company program, it was decided to move along the lines of taking that acceptable bid program as opposed to a Request For Proposal (RFP). He said they were pleased with these particular golf carts, because they're 100% compatible with what they were looking for in terms of the new GPS systems route and decided this was the right course. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2010 Councilmember Benson asked if the contract was for the same amount the City had been paying. MR. MOGENSEN answered no, because additional carts are included in the proposed lease. He said they were operating short on the number of carts in recent years. Historically, they used approximately ten additional carts due to usage and the battery starting to give out in the last year of the agreement, so for operational purposes they were short on carts. Further responding, he said Club Car Inc. provides maintenance and replaces batteries as required. Councilman Spiegel asked if the funds for the lease in Desert Willow's budget. MR. MOGENSEN answered yes. Mayor Pro Tem Ferguson inquired about the rough gross revenues for golf operations alone per annum. MR. DARRELL SOUZA, Director of Golf at Desert Willow Golf Resort, Palm Desert, responded it was about $6.5 million a year. He confirmed this was about an output of $205,000 for the golf carts. He said the lease also encompassed fleet cars and shuttle vehicles used fortransporting customers to and from Starwood and Intrawest Properties. He said additional vehicles are being integrated for the growth of the facility. MR. MORGENSEN added it also included beverage carts, which are used at the golf course for providing products and services. Councilman Kroonen stated he assumed when people went to play golf a fee is paid to use the carts. MR. SOUZA said golf fees included the use of the cart as part of the package, and that revenues were used to offset expenses. Councilman Spiegel stated the Finance Committee reviewed this issue and was in agreement with the recommendation. The Committee was informed that Desert Willow was getting a lot of action from the new Westin Timeshares, which meant golf rounds were up. MR. SOUZA answered yes, stating the City will see the facility grow with the additional units, and the demand for Desert Willow services will increase in the coming years as the economy recovers. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2010 Councilman Spiegel moved to, by Minute Motion, approve the subject Lease Agreement with Club Car, Inc., for golf carts at Desert Willow Golf Resort in the amount of $829,850.56 (includes tax and interest) — funds are available in Golf Course Expenses, Account No. 520-4195-495-8091. Motion was seconded by Ferguson and carried by a 5-0 vote. G. CONSIDERATION OF A RENOVATION PLAN FOR FIRE STATION NO. 33 AND FIRE STATION NO. 71 (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Aryan noted the staff report and offered to answer questions. Councilmember/Member Benson stated she was surprised the renovations hadn't been done sooner, because based on the deterioration of the facility, it appeared no annual maintenance was provided, which prevented these things from happening. Councilmember/Member Benson moved to, by Minute Motion: 1) Approve the Renovation Plan and Priorities recommended by the Palm Desert Fire Department (Cal Fire) for Fire Station No. 33 and Fire Station No. 71; 2) authorize staff to issue a Request for Proposal (RFP) for Architectural Services Related to the Comprehensive Design of the Proposed Station Renovations (Contract No. C30300). Motion was seconded by Ferguson and carried by a 5-0 vote. H. REQUEST FOR CITY COUNCIL DIRECTION REGARDING PLACEMENT OF "HOPPY'S CREED" SIGNS ALONG THE HOPALONG CASSIDYTRAIL IN THE CITY. Senior Management Analyst Ryan Stendell noted the staff report and offered to answer questions. Mayor Pro Tem Ferguson asked if there was a trail subcommittee as part of the Parks and Recreation Commission. Councilman Spiegel answered no. Mayor Pro Tem Ferguson stated he knew hiking trails was listed as the number one or two priorities on the City's survey of residents on what they would like to see more of in Palm Desert. Mayor Finerty stated she thought Phill Babcock was appointed to a committee associated with trails. Mr. Stendell responded Mr. Babcock's appointment was associated with the California Association of Governments (CVAG). He recalled Mr. Babcock 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2010 mentioning he hadn't been contacted and/or that the group never got started, but he can look into it. Mayor Pro Tem Ferguson stated it's been observed by people that like to hike, that installing ten signs on a trail would defeat the purpose of having the trail in the first place, which was to get away from signs. Councilman Spiegel commented they would also look like BurmaShave signs. He was told by the City Manager that a kiosk was being built and all the trails could be listed in it, which he preferred. Mayor Pro Tem Ferguson would like to refer this matter to active trail users in the community for their advice on whether the benefits of this signage program would out weigh the impacts. He said he didn't know enough on the matter, but thought installing ten signs on a rustic trail to enjoy the wilderness probably defeated its purpose. Councilmember Benson stated some of the recommendations were not to have them all along the trail, but at the beginning or end of the trail. She suggested having a committee that included Councilman Kroonen, because he hiked up there, along with members from the Friends of the Mountains, to see where they would like the signs installed. She said the Council agreed to do this in 2004, but it got lost in the cracks. She said the committee can select the best signs and determine the cost, which could be taken out of the Parks and Recreation fund and not the City fund. Mayor Pro Tem Ferguson asked Councilmember Benson if she was amenable to including members from the Mountains Conservancy, since they assisted in acquiring many of those parcels. Councilmember Benson answered yes. Councilman Spiegel stated he didn't recall the Council agreeing to this and asked if there were minutes to support it. Mr. Stendell stated as far as he could go back in Council minutes, this issue was never acted on by the City Council. However, he did share the same recollection of Councilmember Benson that this was an idea that was floating around when the City had the grand opening of the Hopalong Cassidy Trail at Homme Adams Park. He said the matter was never before the City Council as a formal action, but the idea did surface, and he was now trying to pick up the ball and move forward with it. Mayor Pro Tem Ferguson asked if a new committee was form, if that group can present this issue to the Council as a new recommendation. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2010 Mr. Stendell answered yes. Councilman Kroonen stated he felt there was still more presentation available by staff that would be instructional for him to hear. He admitted he had already reached some of his own conclusions, because he went out to the site yesterday; Mr. Greenwood and Mr. Wohlmuth were kind enough to drive him there, which peaked his interest and went back this morning. He said there were 35 vehicles parked along the road at 9:30 a.m., so there was a lot of use of the trail. He said he would like to hear what staff had to say before the Council jumped into any further conclusions. Mr. Stendell displayed the most popular entry to any trail in the City of Palm Desert, which is also the end or the beginning of the Hopalong Cassidy Trail, and at that location is a kiosk that houses information on three of the trails that are named after people. He said this kiosk was fairly removed from the rest of the Randall Henderson and Herb Jeffries Trail, and the thought was to have the panel revised to include Hopalong Cassidy Trail with the information that's already given and then add the creed, which could be an option as indicated in the staff report to install a sign at the beginning and at the end of the trail. On the south end, the same treatment and design of the kiosk could be installed, but staff had to work with the Bureau of Land Management (BLM) on the federally owned property. He said the Art Smith Trail is on Federal Land, but the City had a good working relationship with them that it can easily be achieved. He said these were some of the solutions staff looked into aside from the idea of placing ten signs at equal intervals throughout the trail system. Further responding, he said the cost on this proposal was minimal, which included a little bit of design work to revise the panel, but it would be less than one -thousand dollars, and the funds to outfit the existing kiosk was already in this year's budget. Councilmember Benson stated that before any funds are allocated or whatever the Council decided, it should install something permanent, because Palm Desert didn't do anything that was sleazy or anything that will blow over with the wind or be vandalized. She said a committee can decide on what it will be and the cost. Mayor Finerty stated the staff report referenced that sometimes signs were vandalized, which was something that needed to be taken into consideration. Mr. Stendell stated many of the incidents with vandalism revolved more toward regulatory signs, especially where you can and can't take a dog. Mayor Pro Tem Ferguson stated he was concerned that much had been vested in the hillsides and a lot of work went into this report, yet there was no formal recollection of taking action on signage, no committee, no process, or 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2010 a Council subcommittee overseeing the City's trail system, which amazed him. He was in favor of Councilmember Benson's suggestion to form a committee to refer things like this and be a steward of recommendations to the Council. He said the amount of staff time spent on these types of issues really ought to come from the Council and up through the community and through a committee before it appears on the agenda. Councilmember Benson moved to, by Minute Motion, refer the matter back to staff for establishment of a specific committee to consider the placement of "Hoppy's Creed" trail signs along the Hopalong Cassidy Trail and make a recommendation back to the City Council. Motion was seconded by Ferguson and carried by a 5-0 vote. XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR DESIGN SERVICES TO FEHR & PEERS IN THE AMOUNT OF $76,497.74 FOR THE MONTEREY AVENUE SIGNAL SYNCHRONIZATION PROJECT WITH THE CITY OF RANCHO MIRAGE (CONTRACT NO. C29950B, PROJECT NO. 555-10). Responding to question, Transportation Engineer Mark Diercks said this synchronization was on Monterey and Dinah Shore. He said the City had systems now on Highway 111 and Washington Street, and the last one was on Fred Waring Drive and Country Club Drive. Mayor Pro Tem Ferguson asked if this was part of the old mid -valley parkway planning effort. Mr. Diercks said he didn't believe so, and it was probably Dinah Shore Drive the one Mayor Pro Tem Ferguson was referring to. Mayor Pro Tem Ferguson commented it was hard to vote against moving traffic efficiently through the City. Councilman Spiegel agreed. Mayor Pro Tem Ferguson moved to, by Minute Motion: 1) Award the subject contract for Design Services for the Monterey Avenue Signal Synchronization Project to Fehr & Peers, Riverside, California, in the amount of $76,497.74; 2) authorize the Mayor to execute said contract — funds are available in Account No. 234-4594-422-4001 - Traffic Signal Coordination — no General Fund money is being used for this project. Motion was seconded by Spiegel and carried by a 5-0 vote. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2010 XVII. PUBLIC HEARINGS A. CONSIDERATION OF THE VACATION OF PORTIONS OF FRED WARING DRIVE AND ALASKA AVENUE RIGHTS -OF -WAY (City of Palm Desert, Applicant). Mayor Finerty declared the public hearing open and invited public testimony in FAVOR of or in OPPOSITION to this matter. With no testimony offered, she declared the public hearing closed. Councilman Spiegel moved to waive further reading and adopt Resolution No. 2010 - 81, vacating portions of Fred Waring Drive and Alaska Avenue Rights -of -way. Motion was seconded by Kroonen and carried by a 5-0 vote. B. CONSIDERATION OF THE ANNUAL REPORT OF CALCULATION OF GOVERNMENT CODE 66006 - DEVELOPMENT IMPACT FEES FOR THE CITY OF PALM DESERT. Mayor Finerty stated the City Attomey requested this item to be continued and questioned whether to open the public hearing. Mr. Deitsch responded the Mayor could do so if she wished. Mayor Finerty declared the public hearing open and invited public testimony in FAVOR of or in OPPOSITION to this matter. With no testimony offered, she declared the public hearing closed. Mayor Pro Tem Ferguson moved to, by Minute Motion, continue this matter to the meeting of November 18, 2010. Motion was seconded by Spiegel and carried by a 5-0 vote. XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. Aquatic Center — Mr. Wohlmuth referred back to the report he provided previously in this meeting under Section XIV - New Business, Item B - Award of Contract for Material Testing and Special Inspection Services for the Aquatic Center to Converse Consultants, regarding the layer of clay encountered by the general contractor during excavation work on the project. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2010 2. Southern California Edison (SCE) Work— Mr. Wohlmuth reported that during the period of November 1 - 19, SCE will be making a substantial improvement to their electric system on Monterey Avenue, which will result in opening of the road during that time. The City has been working closely with SCE and asked that the work be done now instead of after Thanksgiving in the holiday season, with the affected area being Monterey Avenue just north of Fred Waring Drive, all the way through Fred Waring Drive. The street will be open for those 19 days and southbound traffic will be limited to one lane. B. CITY ATTORNEY None C. CITY CLERK 1. Reminder of the Next City Council and Redevelopment Agency Meetings to be Held on Thursday, November 18, 2010, at 3:00 p.m. Ms. Klassen reminded City Council Members of the schedule due to observance of the Veterans Day Holiday two weeks from today on November 11, and Councilmembers so noted. Mayor Finerty reminded everyone about the City's Veterans Day Celebration to be held that morning at 11:00 a.m. at Freedom Park. D. PUBLIC SAFETY o Fire Department None o Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: None o City Council Consideration of Travel Requests and Reports: None 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2010 o City Council Committee Reports: 1. SunLine Transit Aaencv — Councilman Spiegel reported that for the first time last year, SunLine initiated a program to fill a bus with food for the needy, and 80 tons were collected. This year they would host the same outreach on November 18; one stop will be in Palm Desert, Costco being the likely location. Half of the food received will go to FIND (Food In Need of Distribution) and the other half will be given to Shelter From the Storm. 2. Art In Public Places (AIPP) Commission — Councilman Kroonen commented that as the newly appointed Council liaison to the AIPP Commission, he had the first opportunity to attend a meeting last week. He was absolutely astounded at the amount of great work being done in that area, having followed the progression of public art in the community since its inception. He commended the Commission, Public Art Coordinator Deborah Schwartz, and Public Arts Technician Debbie Thompson all for their work. Further, he reminded everyone that a new El Paseo Invitational Exhibition was in the process of being installed and encouraged all to visit the street and the new art. o City Council Comments: 1. Chamber of Commerce — On behalf of the City Council, Mayor Finerty thanked the Chamber for the Golf Cart Parade shirts presented to City Councilmembers, which will be wom with great pride on Sunday. 2. Aspen Accord — Mayor Pro Tem Ferguson reported that tonight was the first night of the Aspen Accord Meeting, the Energy Summit being held in Palm Desert this year regarding Feed -in Tariff for the Coachella Valley. Dinner tonight would be held in one of Palm Desert's restaurants, the meeting will be held at Bighorn, and additional festivities will be held throughout the City during the event. Palm Desert looked forward to serving as host this time and hoped participants would return to the City many times. Mayor Pro Tem Ferguson also thanked the Chamber of Commerce for the Golf Cart Parade shirts and noted that when he attended the Electric Vehicle Rally last weekend, he was pleased to see a renewed interest in the emergent 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2010 technology and altemative street vehicles powered by electricity. As a result, he felt this year's Golf Cart Parade would benefit from much greater exposure, especially to highlight the City's Golf Cart Lanes. Mayor Finerty added that tonight's Aspen Accord dinner was originally scheduled at a Rancho Mirage restaurant, and City officials took quick action to get it relocated to a Palm Desert establishment. 3. Earthquake Preparedness Presentation — Councilman Kroonen commented that he attended the Presentation by Risk Manager Gary Rosenblum last week in the Council Chamber. He was very impressed with both the presentation and the turnout and commended Mr. Rosenblum for the fine job. 4. Michoacan Concert — Councilmember Benson said she had the pleasure of representing the City Council last Saturday night at the Michoacan Concert. She said the Michoacan area was adjacent to Palm Desert's Sister City of Zihuatanejo, and the performers brought a plaque dedicated to former City Manager Carlos Ortega, which will be installed in the Civic Center Park Amphitheater. She said the group was very excited about making the presentation, and it was a very nice tribute to Mr. Ortega. XIX. ADJOURNMENT Upon a motion by Spiegel, second by Kroonen, and 5-0 vote of the City Council, Mayor Finerty adjourned the meeting at 5:11 p.m. ATTEST: RAOHLLE D. KLASS'E'N, CITY CLERK CITY OF PALM DESERT, CALIFORNIA � . ( l ` � "1 [' L / /-) C(NDY FINfTY, MAYOR ✓ 25