Loading...
HomeMy WebLinkAboutPrelim - CC - 10/22/09 DR,AFT PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 22, 2009 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Spiegel convened the meeting at 3:00 p.m. II. ROLL CALL Present: Excused Absence: Councilmember Jean M. Benson Councilman Jim Ferguson Mayor Pro Tem Cindy Finerty Councilman Richard S. Kelly Mayor Robert A. Spiegel Also Present: John M. Wohlmuth, City Manager/RDA Executive Director David J. Erwin, City Attorney Justin McCarthy, ACM for Redevelopment Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Bo Chen, City Engineer Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Paul. S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Dorian Cooley, Division Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Bill Hunley, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Andrew Shouse, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None � AFT PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 22, 2009 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APN 628-130-015 Negotiating Parties: Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Barracuda, LLC Under Negotiation: x Price x Terms of Payment 2) Property: APN 628-130-008 Negotiating Parties: Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: David Nelson Under Negotiation: x Price x Terms of Payment 3) Property: APN 628-120-005 Negotiating Parties: Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Roger Snellenberger Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) PDCC Development LLC, Petition for Bankruptcy, United States Bankruptcy Court, Central District of California Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Conference with Legal Counsel to decide whether or not to initiate litigation pursuant to Government Code Section 54956.9(c): Number of potential cases: 1 With City Council concurrence, Mayor Spiegel adjourned the meeting to Closed Session at 3:00 p.m. He reconvened the meeting at 4:00 p.m. 2 _ � � ��' PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 22, 2009 V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Mr. Erwin reported on the actions from Closed Session: 1. On a 4-0 vote of the City Council, with Ferguson ABSENT, subject to the Bankruptcy Court, authorized staff to move forward with cleaning up fire hazards at Palm Desert Country Club. 2. On a 4-0 vote of the City Council, with Ferguson ABSENT, authorized initiation of a validation proceeding with regard to the bonds and contracts associated with the AB 811 Program. VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Mayor Pro Tem Cindy Finerty VII. INVOCATION - Mayor Robert A. Spiegel VIII. ORAL COMMUNICATIONS - B MR. JOHN MARMAN, Palm Desert, observed that 30-40 years ago, he gave swimming lessons to a lot of today's Palm Desert parents, and now he was working with their children in the Mini-Muster. He went on to say he realized there was a good deal of discussion and controversy over a long period of time relative to the proposed swimming pool project. After all of that, he was truly amazed the City Council could still work things out and do the right thing, which was greatly appreciated by the citizens and children of Palm Desert, further commending the City Council for always doing things the right way. Therefore, he urged pursuit of a 50-meter pool for the project. Since most others were built smaller, the larger version would provide a great deal more flexibility. He felt the current plan was a good one, containing a play area, a small pool alongside and asked that the City Manager be directed to look into including a bulkhead, which wouldn't add much to the cost if specified at this time. The bulkhead splits up the pool, providing flexibility for short races,water polo, and two orthree classes simultaneously. He said a non- automatic version was available that slides along and can be set in designated locations. He said there were a lot of opportunities to make the project very special, and he was confident that in a few years the City would be very happy it proceeded. Secondly, he addressed the need for music/entertainment for middle-aged residents. He was aware of the sound problem with a few places in the City, and he hoped those were being settled. But any time there was an opportunity to do something for the middle-age group, it would be appropriate, since he felt there were currently activities provided for both the youth and senior groups. 3 � ���� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 22, 2009 MS. JENNA SCOTT, representing the Palm Desert Youth Committee, announced the upcoming Car Show at the Joslyn Senior Center benefiting the Meals On Wheels Program. She said it would be held Saturday, November 7, beginning with a Pancake Breakfast at 7:00 a.m. followed by the Car Show. Tickets were available for $5 each from Palm Desert Youth Committee Staff Liaison Frankie Riddle. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE CHAR�ES ASH FOR HIS CONTRIBUTIONS TO THE CITY OF PALM DESERT/PALM DESERT REDEVELOPMENT AGENCY AND ITS CITIZENS' ADVISORY COMMITTEE FOR PROJECT AREA NO. 4. Mr. Ash was unable to be present for the recognition today. B. PRESENTATION OF ANNUAL "MINI-MUSTER" RECOGNITION AND ARTWORK AWARD CERTIFICATES. On behalf of the City Council, Mayor Spiegel presented Artwork Award Certificates to Third Graders from Palm Desert Elementary Schools: - Emily Chung, James Carter Elementary School - Danielle Hjerpe, Gerald Ford Elementary School - Tatum Matson, Abraham Lincoln Elementary School - Jonathan Flores, Ronald Reagan Elementary School - Isobelle Mendoza - George Washington Charter Elementary School Mayor Spiegel noted the artwork was currently being displayed in the Council Chamber Foyer. MR. JOHN and MRS. MADONNA MARMAN, Coordinators for the Mini- Muster Program, presented certificates of appreciation to the City Council and staff and an engraved plaque to the City, recognizing its generous support of the Program over the past 17 years. They also presented certificates of appreciation to all of the Elementary School Principals, Chief Cooley and Chief Hunley for the Fire Department, along with Firefighters from the various stations for their invaluable participation. Firefighter Kevin Murph was recognized for his significant contributions to the Program. Mayor Spiegel gave further praise to all the benefits provided by the Mini- Muster Program of Fire Safety for Palm Desert Third Graders and to the Historical Society of Palm Desert for making it possible for each of the last 17 years. 4 d`,�,� �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 22, 2009 C. PRESENTATION OF TENTH ANNUAL NATIONAL ASSOCIATION OF CITIZENS ON PATROL CONFERENCE "BEST IN SHOW PATROL VEHICLE" AND "BEST IN SHOW VOLUNTEER UNIFORM" AWARDS RECEIVED BY THE PALM DESERT CITIZENS ON PATROL PROGRAM (COPS). CAPT. SAUL ROISENTUL and LT. EARLE WOLFE, Palm Desert Citizens on Patrol Program (COPS), presented the two plaques to Mayor Spiegel. Capt. Roisentul went on to say that COPS consisted completely of volunteers, male and female, mostly retirees who want to give back to their community. After about a year's hiatus, COPS was reinstated three years ago with about six members; it has grown to the current team of 38, who patrol the City and assist the Police Department with traffic control, security for accident sites, special events(e.g. July 4th Celebration, Golf Cart Parade, Concerts in the Park), DUI Checkpoints, and any and all events where they can be of help so that Deputies can attend to more pressing duties. Currently, the group is averaging 700 volunteer hours per month, and they've provided over 6,000 hours of patrol so far in 2009. Most of their work was with the Palm Desert Police Department, and they extended very sincere appreciation for the City Council's support. They were pleased to present the awards they'd received at the Tenth Annual National Association of Citizens On Patrol Conference, demonstrating results from all the City's support. Last year Palm Desert COPS was awarded Third Place for Best- looking Patrol Car, First Place for Uniform, followed by this year's Best In Show for both Patrol Car and Uniform — the first time one program has received two such awards at the same Conference. They were very proud to represent Palm Desert. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of October 8, 2009. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 85, 86, 87, 88, 92, 93, and 94. Rec: Approve as presented. C. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Parks & Recreation Commission Meeting of September 15, 2009. 2. Public Safety Commission Meeting of September 9, 2009. Rec: Receive and file. 5 .. -.� .., ,_..__,._._. � i W �� � � PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 22, 2009 D. REQUEST FOR APPROVAL of Amendment No. 3 to Contract No. C21460 with County of Riverside Department of Animal Services — Animal Shelter Services. Rec: By Minute Motion: 1)Approve Amendment No. 3 in an amount not to exceed$5,433 to the subject contract with County of Riverside Animal Services forongoing Animal Control ShelterServices;2)authorize the Mayor to execute Amendment No. 3; 3) authorize the Director of Finance to appropriate additional funds of $5,433 to Account No. 110-4230-442-3090 for Purchase Order No. 16299 forthe subject Animal Shelter Services Contract. E. REQUEST FOR AUTHORIZATION to Release the Grading Security for Parcel Map No. 33996 (Bighorn) (David B. McFarland, Applicant). Rec: By Minute Motion, authorize release of the grading security for Parcel Map No. 33996 (Bighorn). Upon a motion by Kelly, second by Finerty, and 4-0 vote of the City Council, with Ferguson ABSENT, the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS A. RESOLUTION NO. 09-75 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA,APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S PROPOSITION 1 A RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH. Mr. Gibson explained that when the State adopted its budget, it declared an emergency and elected to take money away from cities in the form of a loan, which it can do every eight years according to the voter-approved Proposition 1A when an emergency is declared. He said the amount being taken from Palm Desert represents 8% of its property tax revenue($1.2 million), but the State has also approved legislation allowing bonds to be issued by the State at no cost to the City in order for it to get 100% of its property tax revenue immediately instead of waiting three years. Through the subject action, staff recommends participating in the bond issue for this to occur. 6 � � y, � � PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 22, 2009 Mayor Pro Tem Finerty moved to waive further reading and adopt Resolution No. 09-75. Motion was seconded by Kelly and carried by a 4-0 vote, with Ferguson ABSENT. XIII. ORDINANCES For Introduction: None For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE CITYWIDE DRYWELL REMOVAL PROJECT TO TRI-STAR CONTRACTING II, INC., IN THE AMOUNT OF $66,457 (CONTRACT NO. C29280, PROJECT NO. 500-10). Mr. Greenwood stated in the last several years the City had installed a number of drywells in locations where no storm drains existed in an attempt to remove water off the streets. Over the course of time, drywells wore out, got water logged, and their effectiveness is lost. This contract was to remove those drywells that have lost their effectiveness. Councilman Kelly moved to, by Minute Motion: 1) Award the subject contract for Construction of the Citywide Drywell Removal Project to Tri-Star Contracting II, Inc., Desert � Hot Springs, California, in the amount of$66,457; 2) authorize the Mayor to execute said contract—funds are available in Capital Reserve Account No. 420-4291-433-4001. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENt. B. REQUEST FOR DISCUSSION ON THE CITY OF PALM DESERT'S TRAVEL POLICY. Mr. Wohlmuth stated at the October 8, 2009, City Council meeting, Councilman Kelly requested this item be placed on the agenda. Staff prepared a staff report providing options and requesting direction. Options included revising the 2008 Travel Policy and Guidelines to a per diem-type of policy. If Council chose the per diem policy, staff would recommend following the Federal Government General Services Per Diem Rate, based on metropolitan areas within the United States. He said approximately 80%- 90% of the travel was associated with conferences or seminars where there 7 "r"�"�, �+ �"""�" PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 22, 2009 was a published hotel rate with that conference/seminar.Staff recommended reviewing the per diem and exempting the hotel rate when iYs published. Upon that direction, staff will return with a policy for Council's consideration. He offered to answer questions. Mayor Pro Tem Finerty asked what percentage of travel was associated with conferences or seminars. Mr. Wohlmuth answered 80% to 90%. Further responding, he said in most cases the perdiem rate was lowerthan the published conference rate,which was usually a negotiated rate based on the conference being attended. The negotiation is conducted by the entity that's holding the conference, e.g., League of California Cities, or International City Manager's Association. Mayor Pro Tem Finerty stated that if Council were to approve a straight per diem without affecting the conference room rate, if it was conceivable that incidental charges could be made such as a taxi,traveling from the approved hotel, conforming with the per diem, to the actual site of the conference. Mr.Wohlmuth answered yes. He said if one did not stay at the conference hotel, there would be incidental charges for parking, taxi, and mileage for travel to and from a hotel in the same city. Since most conferences are held in major metropolitan areas, parking was usually a charge incurred as well. Often, those charges are as high as or higher than the hotel rate. Councilman Kelly stated the City Manager should have more direction than to review the per diem, because Council had other travels, such as lobbying in Sacramento, League and Division dinners, and local charitable organizations it attended. He liked the travel policy to follow AB 1234 as it's written, which was the law of the State of California. He said that law made no mention of reimbursement for spouses or traveling companions. On the other hand, he said there was value to including spouses to Chamber of Commerce and charitable dinners the Council was invited to attend in the City of Palm Desert. He said it was his intention, in the future, to pay for his spouse or anybody he should take with him, and it would be a good idea for staff to return with two samples. One policy should be written to strictly follow AB 1234 with the per diem, and the second policy should designate organization, dinners, and functions that a spouse or guest could attend, and City Council to then make a decision on which way they wanted to proceed. Mayor Pro Tem Finerty stated she viewed this as two different things. Number one, she agreed to direct City Manager to move forward and return with a Travel Policy following AB 1234 with the per diem. However, she felt strongly, based on City Manager's responses, that the conference room rates would be exempt, and that would be one motion, and the second one 8 � � � """'� �v�� '` �,�� :� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 22, 2009 would be dealing with the events, whether it's the League, Chamber, civic, social,where Councilmembers attendance was a benefit with orwithout their spouse or guest. Councilmember Benson agreed there were so many charitable organizations the Council was invited to attend. She said it was hard to decide which one's were important, because they're all important to the person putting the event on, and they all benefit the community. However, she felt there should be a limit on how many or designate which ones to attend. Councilman Kelly concurred that the policy should include how to handle all those charitable events. Mayor Pro Tem Finerty stated that rather than stating what events are approved,that maybe setting a dollar amount would be better, and then have Councilmembers decide what's important, because they are invited to so many events. Mayor Spiegel stated he agreed with a per diem-type of policy a hundred percent. He was in retail for 32 years and was a buyer and a merchandise manager where all his travel was handled per diem. When he lived in St. Louis, all his travel whether he was going to New York, California or Europe, a coach ticket was provided. His per diem to Europe was a little higher, because it was more expensive to stay there; but it was all done by per diem. He said one could go eat either at McDonald's or at The Ritz, it didn't make any difference, because only a certain amount of money was allotted, which he thought was a fair way of handing it. With regard to special events, which was a tough one to solve, thought maybe the City Manager can mull it over and return with his recommendation. Mayor Pro Tem Finerty asked the Mayor if he had an opinion with regard to exempting the conference room rate. Mayor Spiegel responded he thought that was already part of what the City Manager had said, for example, next year the League of California Cities meeting will be held at the Marriott in San Diego, which he assumed might be higher than a hotel nearby, but because it's part of the conference, he would think it would be allowed in whatever option was presented to the Council. Mayor Pro Tem Finerty offered to make a motion as suggested on the agenda. 9 �� '�, �"�"' PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 22, 2009 Mayor Spiegel stated that based on previous discussion with City Manager this evening, the matter would be referred back and a motion was not necessary. Councilman Kelly suggested continuing this item. Mr. Erwin stated that based on discussion, staff had enough direction that it could put at least two lists together, if not more, to address alternatives and hopefully put it together, that if Council wanted to, it can pick and choose paragraphs. Further responding, he said a motion wasn't necessary. Mr. Wohlmuth stated staff had enough direction to draft a travel policy by November 12, 2009. He said local meetings were not part of the Travel Policy, but it appeared local meetings and travel had been combined into one issue. He agreed to look into the Municipal Code and local meeting rules in AB 1234 and provide options at the November 12th meeting as well. With City Council concurrence (Ferguson ABSENT), directed staff to bring the matter back to the November 12, 2009, Regular Meeting with two policies providing options: 1) Per diem structure and strict interpretation of AB 1234; 2) per diem structure, with an exception for Conference Hotel rate and identification of certain charitable and/or community events where a spouse/guest can participate. XV. CONTINUED BUSINESS A. CONSIDERATION OF AN APPEAL OF A DECISION BY THE CITY MANAGER AND PERMIT ADMINISTRATOR, REVOKING A MASSAGE ESTABLISHMENT PERMIT FOR TY SPA— 73-891 HIGHWAY 111 Massage Establishment Permit No. 07-43355(Jeon Suyong,Appellant) (Continued from the meeting of October 8, 2009). Assistant Planner, Kevin Swartz stated that as part of the City's ongoing monitoring of massage establishments, the Police and Code Enforcement Department routinely performed inspections at this location. During the course of six inspections, massage therapists at Ty Spa failed to comply with important licensing and posting requirements. At each inspection, at least one massage therapist was performing or offering massage therapy services without the required massage permit. At three of the inspections, criminal citations were issued against those therapists who were without the required permits. Findings for revocation of the Massage Establishment Permit can be made since Ty Spa as a business had repeatedly employed individuals who did not possess the required permits, which was a violation of the Palm Desert Municipal Code Section 5.90.020(A). Staff recommended the City Council revoke the Massage Establishment Permit. 10 ° �, ��.�-� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 22, 2009 MR. CHUDWICK J. BRADBURY, Applicant's Attorney, stated the Applicant was unable to speak for herself. He said Ms. Suyong was a registered alien of Korean National, who had a severe language problem. He said he was unable to effectively communicate with her without using an interpreter. He said the Applicant brought with her a spiritual advisor today to assist him in that endeavor. He said the Applicant had no family in this area, except a daughterwho lived in Los Angeles who spoke broken English,which was the onlywayto communicate effectivelywith his client. He sincerely believed the Applicant did not fully understand the gravity of the citations. He said the citations themselves were not for any immoral conduct or anything of that sort. He said the Applicant offered a legitimate therapeutic facility as established by the declarations he provided to the City Council. In light of the situation, he felt the Applicant did not have to be put out of business and essentially stripped of her livelihood. He said the Conditional Use Permit was revoked by the City on October 6, 2009, at the Planning Commission Meeting and had been out of business since September 11, 2009, as set forth in the violation. He understood the City's concern, because there was no action taken on the part of the Applicant, which was inexcusable. However, the Municipal Code asked fordistribution of motions of justice and fairness. The Municipal Code did not require a revocation with regard to suspension or revocation in light of the totality of the circumstances, which is under Section 5.87.180 pertaining to massage establishments. In addition, under Section 5.87.710, all the remedies are deemed appropriate. He asked the City Council for leniency in this matter, stating he was on board now, even thought he got in late in the game prior to the Appeal being filed, and it would be his job to help the Applicant comply and maintain compliance. He went on to say that some of the citations were handed over to people working the front desk and answering phones, but they too had language barriers. He again asked the Council for leniency, stating it was the only way the Applicant could make a living here in Palm Desert, and it would only add to another vacant facility on Highway 111. He said punishment had been merited, but he thought it was extreme. He said instead a fine for a reasonable amount and suspension, which are both provided by the Code, would be fair and equitable, and just. He noted one of the Applicant's clients was present to speak on behalf of the Applicant. MR. DAVID HARVEY BROWN stated he lived in Indian Wells and had been a customer of Ty Spa for a year. He said the Applicant did not have the opportunity to speak to anyone in the City of Palm Desert in the language that she could understand as she spoke Korean and didn't speak English. He became aware of the ApplicanYs situation a month ago when the Applicant asked if he was a lawyer. He said he was a retired DEA lawyer, but he didn't have a license in the State of California. He advised the Applicant to get someone to represent her, but up until that day, the Applicant didn't understand she was in any trouble. He said Ms. Suyong ran 11 : m'"� A .�'� ��7�X� xo �x .�i" � PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 22, 2009 a good, honest, ethical business, and there was no reason to put the lady out of business; she wasn't doing anything morally wrong. He understood there were citations issued, but they were delivered to people at the front desk and not the massage therapist. He said one of the things about Korean's was that they were very gracious people and agreed with one on anything one said. He said if they are handed a piece of paper, they thank you very much and go on to the next customer. It was his opinion that the Applicant wasn't ignoring the citations, but just simply didn't understand. Responding to question, Senior Code Compliance Officer Pedro Rodriguez agreed that the Applicant's ability to speak English may be limited, but he believed they were able to understand each other and understood why Code Enforcement was there. The times he did speak to the Applicant, an interpreter came on the Applicant's telephone where everything was translated, and based on those conversations, he believed they understood what was happening. Mayor Pro Tem Finerty asked if the Applicant was cited six times. Mr. Rodriguez responded the ApplicanYs employees were cited for operating without a license. He disagreed with Mr. Chadwick's statement that citations were handed out to clerks answering the phone, because he himself and deputies witnessed therapists coming out of rooms where massage services were offered, and the patrons, after being asked, pointed out the therapist. He said Code Enforcement didn't just hand out citations to clerks answering the phone because thaYs not how they operated. He said people were seen coming out of massage rooms, they were approached, and it was determined thattherapistswere performing without permits,so citationswere issued. Mayor Pro Tem Finerty moved to waive further reading and adopt Resolution No. 09-74, upholding the City Manager's and Permit Administrator's decisions to revoke an existing Massage Establishment Permit, No. 07-43355, forTy Spa. Motion was seconded by Benson. Mayor Spiegel noted this was a consideration of an Appeal of a decision by the City Manager and Permit Administrator. Mr. Erwin explained the citation was done through Code Enforcement, but the Permit Administrator/Finance Department is designated the responsibility because thaYs where the permit was issued. Mr. Gibson noted that part of the process was to have the City Attorney review the case and determine what would be the appropriate step, which 12 � �� �� �������� � PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 22, 2009 have led up to this point. Further responding, he said he supported staff's recommendation. Mayor Spiegel called for the vote and it carried by a 4-0 vote, with Ferguson ABSENT. XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS None XVIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. CITY CLERK None D. PUBLIC SAFETY o Fire Department None o Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: None 13 ����� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 22, 2009 o City Council Committee Reports 1. Palm Sprinqs Desert Resort Communities CVA — Mayor Spiegel reported thatthe CVAannounced its HIBC(Hospitality Industry and Business Council) was giving $50,000 to the Coachella Valley Economic Partnership(CVEP)in furtherance of its activities. o City Council Comments: 1. Jacaueline Cochran Air Show — Councilman Kelly reminded everyone of the Air Show coming up on Saturday, November 7, 10:00 a.m., with free admission. He encouraged anyone interested in airplanes of any era to participate. XIX. ADJOURNMENT With City Council concurrence, Mayor Spiegel adjourned the meeting at 4:48 p.m. ROBERT A. SPIEGEL, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 14