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Home My WebLink AboutPrelim - CC - 08/27/09 DR�►FT ��- /� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, AUGUST 27, 2009 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Spiegel convened the meeting at 3:00 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson Councilman Jim Ferguson Mayor Pro Tem Cindy Finerty Councilman Richard S. Kelly Mayor Robert A. Spiegel Also Present: John M. Wohlmuth, City Manager/RDA Executive Director David J. Erwin, City Attorney Justin McCarthy, ACM for Redevelopment & Housing Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Bo Chen, City Engineer Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Steve Brooker, Fire Marshal, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Bill Hunley, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Andrew Shouse, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None �� t��a� 11 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Lease Property - Parkview Professional Office Complex, 73710 Fred Waring Drive, Suite No. 220, Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Environmental Products and Applications, Inc. Under Negotiation: x Price x Terms of Payment 2) Property: APNs 637-190-010,637-190-011,637-190-002, 637-190-016, 637-020-006, 637-020-010, 637-020-011, 637-020-015, 637-020-017, 637-020-019, 637-190-018, 637-190-021, 637-190-024, 637-190-027, and 637-081-020 Negotiating Parties: Agency: Justin McCarthy/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: PDCC Development LLC Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) PDCC Development LLC, Petition for Bankruptcy, United States Bankruptcy Court, Central District of California Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Conference with Legal Counsel regarding significant potential to initiate litigation pursuant to Government Code Section 54956.9(c): Number of potential cases: 4 Public Employment pursuant to Government Code Section 54957: Title of Position: City Manager 2 �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009 Mayor Pro Tem Finerty asked to add an item to this meeting's agenda, a request to endorse Senator John Benoit for Supervisor Roy Wilson's Fourth District seat on the Riverside County Board of Supervisors, in keeping with Supervisor Wilson's wishes for this to occur. Mayor Pro Tem Finerty moved to, by Minute Motion, add a request for the City Council to endorse Senator John Benoit for Supervisor Roy Wilson's seat on the Riverside County Board of Supervisors as Item T to Section X - Consent Calendar on today's agenda. Motion was seconded by Ferguson and carried by 5-0 vote. With City Council concurrence, Mayor Spiegel adjourned the meeting to Closed Session at 3:01 p.m. He reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilman Richard S. Kelly VII. INVOCATION - Councilman Jim Ferguson and Mayor Pro Tem Cindy Finerty VIII. ORAL COMMUNICATIONS - B None IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. INTRODUCTION OF THE PALM DESERT FIRE DEPARTMENT'S NEW BATTALION CHIEF, BILL HUNLEY. Fire Marshal Brooker introduced Chief Hunley to the City Council. He related that Chief Hunley had an excellent background in fire service, beginning his career as an EMT in the Los Angeles area, followed by going to Paramedic School. He moved to the Desert in 1983, working for Springs Ambulance Company and as reserve for the Palm Springs Fire Department, then he went to work for the Indio Fire Department , which subsequently transitioned into Cal Fire. He promoted up through the ranks and has worked with the Conservation Camp Program, most recently as a Captain in the Special Operations Training Bureau, and he is also currently a Captain at Station 50 in Rancho Mirage. Chief Hunley is a longtime Desert resident with his family, the Fire Department was pleased to have this outstanding fire officer in its ranks and now to be working with Palm Desert. 3 F� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009 Mayor Spiegel welcomed Chief Hunley, who responded that he was very pleased to be working with the City as well. B. REQUEST FOR APPROVAL OF A RECOMMENDATION FOR THE CITY OF PALM SPRINGS CITY COUNCIL TO REAPPOINT ROLF HOEHN AS THE CITY OF PALM DESERT'S REPRESENTATIVE TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR A THREE-YEAR TERM, JULY 2009 - JUNE 2012. Councilman Ferguson moved to, by Minute Motion, recommend Rolf Hoehn be reappointed as the City of Palm Desert's Representative to the Palm Springs International Airport Commission for a three-year term, July 1, 2009, through June 30, 2012. Motion was seconded by Finerty and carried by a 5-0 vote. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meetings of July 9, July 23, and August 13, 2009. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 299, 1, 5, 9, 10, 14, 17, 18, 21, 25, 26, 29, 32, 33, 35, 38, 39, 42, 47, and 49. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#646) by LMI Co., LLC, Royce International Investment Company, Severin & Company LLC, and Palm Desert Villa Portofino I, LLC, In Excess of$100 Million. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimants. D. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months of April 2009 and May 2009 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. E. APPLICATION FORALCOHOLIC BEVERAGE LICENSE by Emerald Golf & RV Resort, 76-000 Frank Sinatra Drive, Palm Desert. Rec: Receive and file. 4 ��,�� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009 F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by The Hood, 73-850 Highway 111, Suite A, Palm Desert. Rec: Receive and file. G. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Audit, Investment & Finance Committee Meetings of April 28, and May 26, 2009. 2. Library Promotion Committee Meeting of March 18, 2009. 3. Parks & Recreation Commission Meeting of June 2, 2009. Rec: Receive and file. H. REQUEST FOR DECLARATION of Surplus Property and Authorization for Disposal — Miscellaneous Office and Electronic Equipment. Rec: By Minute Motion, declare the items listed on the accompanying staff report's Exhibit "A" as surplus property and authorize disposal as appropriate. I. REQUEST FOR APPROVAL of the Purchase of Disaster Recovery Solution Software from SunGard Public Sector. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. J. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C29050 — Tenant Improvements at the Parkview Professional Office Complex, 73-710 Fred Waring Drive, Suite No. 102. Rec: By Minute Motion, approve Change Order No. 1 in the amount of $3,487.18 to the subject contract with Woodburn Construction, Arcadia, California, to refurbish Tenant Improvements at the State of California Department of Rehabilitation,Suite No. 102 at the Parkview Office Complex, and appropriate said funds from Fund 510 for this purpose. 5 . .. q ,,, � ',`:< . PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009 K. REQUEST FOR AUTHORIZATION for the Mayor to Execute the Bill of Sale and Declaration Document for Coachella Valley Water District for Water and Sewer Facilities Constructed in Association with the Section 29 Assessment District 2004-02 (Project No. 627-05). Rec: By Minute Motion, authorize the Mayor to execute the Bill of Sale and Declaration Document for Coachella Valley Water District for Water and Sewer Facilities constructed in association with the Section 29 Assessment District 2004-02. L. REQUEST FOR AUTHORIZATION for Staff to Use the PM10 Deposit from WL Homes, LLC, to Stabilize the Project Site for Tract Map No. 34626 (The Campus). Rec: By Minute Motion, authorize staff to use the PM10 Deposit from WL Homes, LLC, to stabilize the project site forTract Map No. 34626 (The Campus). M. REQUEST FOR AUTHORIZATION to Release Improvement Security for Sacred Heart Church and Accept a One-year Maintenance Bond Case No. CUP 04-13 (Sacred Heart Church and Orr Builders, Applicants). Rec: By Minute Motion, release the improvement security posted for Sacred Heart Church for Case No. CUP 04-13 and accept a one-year maintenance bond in its place. N. REQUEST FOR AUTHORIZATION to Release Performance Security for Segovia of Palm Desert, LLC, Case No. PP 07-15 (Segovia of Palm Desert, LLC, Applicant). Rec: By Minute Motion, release performance security for Segovia of Palm Desert, LLC, for Case No. PP 07-15. O. REQUEST FOR APPROVAL of the Possession and Consumption of Wine in Connection with Art Exhibition Receptions to be held in the Palm Desert Community Gallery of the Palm Desert Visitor Center Between October 2009 and June 2010. Rec: By Minute Motion, permit the possession, serving, and consumption of wine in connection with the opening receptions for art exhibitions to be held in the Palm Desert Community Gallery of the Palm Desert Visitor Center: October 19, 2009 - "Beloved Desert - Golden Oasis and Desert Sandscapes;" December 7, 2009 - Coachella Valley Watercolor Society; February 1, 2010 - "Desertscapes;" and June 7, 2010 - "Walking Tall." 6 �'' ,� •:.� tt"2 � PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009 P. REQUEST FOR APPROVAL of Beer Concession for the Palm Desert Golf Cart Parade on October 25, 2009. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. Q. REQUEST FOR AUTHORIZATION of Out-of-State Travel for Risk Manager to be Presenterat Oregon Chapter Risk and Insurance Management Society September Meeting, Portland, Oregon. Rec: By Minute Motion, authorize the Risk Manager to travel to Portland, Oregon, as an invited speaker for the Risk and Insurance Management Society (RIMS) Oregon Chapter Meeting on September 17, 2009, in an amount not to exceed $330 — funds are available in Account No. 110-4260-422-3120. R. REQUEST FOR APPROVAL of a Memorandum of Understanding (MOU) Between the Joslyn Senior Center and the City of Palm Desert as it Relates to the Maintenance of the Center's Lawn Bowling Green (Contract No. C29180). Rec: By Minute Motion: 1) Approve the subject MOU between the Joslyn Senior Center and the City of Palm Desert as it relates to Maintenance of the Center's Lawn Bowling Green, substantially as to form; 2) authorize the Mayor to execute the finalized agreement; 3)allocate $10,000 from the Unobligated General Fund Reserves for this MOU. S. INFORMATIONAL ITEMS TO RECEIVE AND FILE: 1. Report of Media Placements and Public Relations Activities by Nancy J. Friedman Public Relations. 2. Report Regarding the Complete Count Committee 7 � �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009 NOTE: THE FOLLOWING ITEM WAS ADDED TO THE CONSENT CALENDAR BY 5-0 VOTE AT THE CONVENING OF THIS MEETING. T. CONSIDERATION of Request for the City Council's Endorsement of Senator John Benoit for Supervisor Roy Wilson's Seat on the Riverside County Board of Supervisors. Rec: By Minute Motion, provide the Palm Desert City Council's endorsement of Senator John Benoit for the Fourth District seat formerly held by Supervisor Roy Wilson on the Riverside County Board of Supervisors and authorize the drafting and transmitting of letters to this effect to Governor Arnold Schwarzenegger. Councilman Kelly asked that Item I be removed for separate consideration under Section XI, Consent Items Held Over. Mayor Spiegel asked that Item P also be removed for separate consideration. Upon a motion by Finerty, second by Ferguson, and 5-0 vote of the City Council,the remainder of the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER I. REQUEST FOR APPROVAL of the Purchase of Disaster Recovery Solution Software from SunGard Public Sector. Councilman Kelly stated there hadn't been an earthquake in 30+ years, and it seemed that a $5,000 start-up fee and $1,300 monthly charge was quite an expense for something that may only happen in an isolated area and people come from everywhere to assist. He said it was an expense that was not required. Information Systems Manager Clayton von Helf agreed, but the cost also included any system outage. For instance, if the AC unit in the server room were to fail and the servers burned, this recovery solution would cover the City under that circumstance as well,which also included floods,fires, or any type of system outage. Councilman Kelly said the City had 160 employees, a Fire Department, and Police Department to assist. Mr. von Helf stated this was more of an insurance policy if anything were to go wrong. He said this would cover the City from any outage and safeguard its business licenses, building permits, and its financial documents, so that staff would be able to access them on-line over the internet while the new server was replaced and installed. Further responding, he said the $1,300 monthly fee guaranteed space inside a data rack in Florida. 8 �� -�- 4 ,.�" , � ,^' K '� �' PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009 Councilman Ferguson said that was simply taking the back-up tapes, which were designed for the very purpose mentioned and moving them to Florida, He said Florida was more prone to natural disasters and was more than 3,500 miles away. He asked if a local vendor was able to do the same. Mr. von Helf replied the City was still backing up locally, but there wasn't a local vendor that was compatible with SunGard,the City's software provider. He said the I-Series Server was somewhat specialized, which was what this software ran on, and it wasn't something one could go to Circuit City or Best Buy to pick up, and other vendors in California were too expensive. He said Casinos, ATM's, and high-end businesses run on the AS400, and their data recovery and data back-up fees are considerably higherthan what was being proposed. Councilman Kelly moved to deny the recommendation to purchase Disaster Recovery Solution software from SunGard Public Sector. Motion was seconded by Ferguson and carried by a 4-1 vote, with Spiegel voting NO. Mayor Spiegel noted that Item H included a list of surplus items and most of those items were obsolete and wondered about the few items that were still good. Mr. von Helf responded that local nonprofit organizations and schools had been contacted to see if they were interested in any of the items. P. REQUEST FOR APPROVAL of Beer Concession for the Palm Desert Golf Cart Parade on October 25, 2009. Mayor Spiegel reported that this year the Golf Cart Parade will have a beer garden, which it didn't have last year. The Palm Desert Chamber of Commerce went out to look for a group to run the beer garden, and the only group recognizable was La Quinta Rotary. In checking with the other two rotaries in Palm Desert, one didn't have the manpower and the other one didn't want to split the profits with the Chamber. Mayor Spiegel said he asked the Chamber Board that if they would give the concession to do the wine and beer at the La Quinta Art Festival, that the City might be willing to do the beer at the Chamber, but that didn't work either, so it appeared the La Quinta Rotary will be running the beer garden at the Golf Cart Parade this year. Mayor Spiegel moved to, by Minute Motion, permit the sale, possession, and consumption of alcoholic beverages on City-owned property in connection with a special event, the Palm Desert Golf Cart Parade, scheduled to be held on October 25, 2009. Motion was seconded by Ferguson and carried by a 5-0 vote. 9 �� .:,,t s.. PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009 XII. RESOLUTIONS A. RESOLUTION NO. 09-59 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PA�M DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 2008-2009 BUDGET AMENDMENT TO PROVIDE TRANSFER, APPROPRIATION, AND ESTIMATED REVENUES OF UNOBLIGATED FUNDS FROM THE GAS TAX, FIRE TAX, PUBLIC SAFETY POLICE GRANT, COMMUNITY DEVELOPMENT BLOCK GRANT, PARKVIEW OFFICE COMPLEX, CITY-WIDE BUSINESS PROMOTION, AND THE GENERAL FUND. Mr. Gibson stated that each year after reviewing the various funds, staff returns to Council for a request for a budget adjustment to reflect actual expenditures. For example, the City Manager's budget was adjusted to reflect former City Manager Carlos Ortega's retirement vacation/sick time payouts, which was obviously an increase in cost that was not expected, including additional Legal Services, etc. Councilman Ferguson moved to waive further reading and adopt Resolution No. 09-59. Motion was seconded by Benson and carried by a 5-0 vote. B. RESOLUTION NO. 09-60 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 07-80 AS IT RELATES TO THE BUILDING & SAFETY FEE SCHEDULE FOR NATURAL GAS POOL HEATER REPLACEMENT PERMITS. Councilman Kelly moved to waive further reading and adopt Resolution No. 09-60. Motion was seconded by Ferguson and carried by a 5-0 vote. C. RESOLUTION NO. 09-61 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AS LEGISLATIVE BODY OF THE CITY OF PALM DESERT COMMUNITY FACILITIES DISTRICT NO. 2005-1 (UNIVERSITY PARK), DECLARING ITS INTENTION TO REMOVE CERTAIN DELINQUENT SPECIAL TAXES FROM THE COUNTY TAX ROLL AND ORDERING JUDICIAL FORECLOSURE PROCEEDINGS AGAINST CERTAIN DELINQUENT PROPERTY WITHIN THE COMMUNITY FACILITIES DISTRICT. Mr. Gibson stated the City was required to foreclose upon properties over a certain threshold amount, and in this particular District, the City had more than $61,000 worth of properties in delinquencies. He said approval of this item would allow the City to move forward with the process of foreclosure. Councilmember Benson moved to waive further reading and adopt Resolution No. 09-61. Motion was seconded by Kelly and carried by a 5-0 vote. 10 �; � ;� '�� PRELIMINARY MINUTES �` ° ' � REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009 D. RESOLUTION NO. 09-62 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING AND PROVIDING FOR THE DISPOSITION OF SURPLUS IN THE IMPROVEMENT FUND IN CONNECTION WITH THE CITY OF PALM DESERT HIGHLANDS UNDERGROUNDING DISTRICT NO. 04-01. Mayor Spiegel noted he lived in the Highlands Undergrounding District and recused himself and left the Council Chamber. Councilman Ferguson moved to waive further reading and adopt Resolution No. 09-62. Motion was seconded by Kelly and carried by a 4-0 vote, with Spiegel ABSENT. XIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1191 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 5.08 - DECEPTIVE TRADE PRACTICES AND "GOING OUT OF BUSINESS" SALES TO THE PALM DESERT MUNICIPAL CODE. Mayor Pro Tem Finerty moved to waive further reading and adopt Ordinance No. 1191. Motion was seconded by Kelly and carried by a 5-0 vote. Councilmember Benson requested that the notice go out to all the radio stations as well as businesses about the new regulation. Ms. Aylaian agreed to do as directed. Councilmember Benson moved to, amend the motion, and to waive further reading and adopt Ordinance No. 1191, with additional direction that staff provide ample notice to businesses and the media to inform of this new regulation. Motion was seconded by Kelly and carried by a 5-0 vote. 11 ! �p�{ �{{��;• � G.��7 � PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009 B. ORDINANCE NO. 1192 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT, ADDING CLARIFYING LANGUAGE TO SECTION 25.112 OF THE PALM DESERT MUNICIPAL CODE - EXCEPTIONS BASED ON UNCONSTITUTIONAL TAKINGS Case No. ZOA 09-253 (City of Palm Desert, Applicant). Mayor Pro Tem Finerty moved to waive further reading and adopt Resolution No. 1192. Motion was seconded by Ferguson and carried by a 5-0 vote. XIV. NEW BUSINESS A. REQUEST FOR CITY COUNCIL REVIEW OF AN ARCHITECTURAL REVIEW COMMISSION ACTION, DENYING A REQUEST TO PARK A RECREATIONAL VEHICLE IN THE FRONT YARD LOCATED AT 42-870 VIRGINIA AVENUE (Linda Recupero, Applicant). Assistant Planner Kevin Swartz stated the subject property was located within Palm Desert Country Club, left of Washington Street and north of Fred Waring Drive. He displayed several photographs of the Applicant's property and Recreational Vehicle (RV) on Virginia Street. He said in order to park a RV on the property it had to be approved by the Architectural Review Commission (ARC). The Ordinance states that if there is no room to store a RV on the site or rear yard, then the ARC may approve and issue a permit to park a RV in the front yard provided that an appropriate fence, wall, gate and door, landscaping,orcombination thereof is deemed adequate to screen the vehicle from adjacent lots. On May 29, 2009, the Applicant submitted an Application to store a RV on the property after receiving a Notice of Violation from Code Enforcement. On June 9, 2009, the request was denied on a 4-2 vote by the ARC because it did not believe the RV could be adequately screened. Staff recommended that the City Council reaffirm the ARC decision of denying the request to park a RV in the front yard. He concluded his presentation and offered to answer questions. Councilman Kelly asked if there was room to move the RV back beside the house. Mr. Swartz responded it was one of the questions made by the ARC, and the Applicant had said she was willing to make the changes, but that there would be cost associated because of the chimney there. 12 �,, , �.�T PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009 MS. LINDA RECUPERO,Applicant, noted she had additional photos to show the Council. She pointed out that when she went to the City to apply for the permit to build the fence to screen the RV, no one told her there was an ARC approval process. She was under the impression that all she had to do was build a fence. At that time, she asked how high the fence had to be and what it had to be made out of. She was told it had to be a wrought iron fence, so she put up a wrought iron fence. She said her RV had been parked for at least six months before City personnel came to her home. She said the people living across from her home had obtained a trailer and had questioned her on her permits. She showed the neighbor her permits, and he pointed out to her that the permit was for a fence and not for parking the RV on site. She then went to the City to inquire and that's when she learned about the ARC approval process. When she was finally before the ARC, she was told the RV was not adequately screened, but that was only because she did what the City told her to do in the first place, which was to put a fence up. She asked the ARC to give her an opportunity to screen the RV properly. She displayed current photographs of her home, stating she had lived there since1982 and her home and landscaping was always well kept. She asked the Council for an opportunity to screen the RV and hide it. However, she went on to say it would be a challenge to move the RV back because that would only give her three inches on each side of the wall. She added that she had contacted all her neighbors and none were opposed to having the RV parked in her driveway. She said the RV had been parked in her driveway since 2007, and had never been cited. She believed it wasn't until the neighbor bought their trailer that the City started inquiring about her RV. She displayed more photographs of her home and RV to show the Council the California Cherry plants placed in front of the gate that would grow 12-feet high and eventually screen the entire RV. Because the ARC questioned her about what she would do about screening the fence, she offered to put up a solid fence, but it was suggested to her to put potted plants in front of the gate, which she did. She said the plants will grow to be a hedge in the front side of her yard. She said she had a list of the addresses and phone numbers of the residents who told her they didn't have a problem with her RV. Councilman Kelly asked if it was possible to move the RV back further into the property. MS. RECUPERO provided a lengthy explanation about the challenge of having a chimney and utility box to contend with, and that she didn't want to store her RV due to previous bad experiences with storage facilities; RV was damaged and battery was stolen. Responding to question, she said it was not possible to move the RV back further into the yard. Mayor Spiegel asked if the Applicant had presented to the ARC the California Cherry plants as an option. 13 PRELIMINARY MINUTES � �' REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009 MS. RECUPERO answered she had not. The onlythings she provided were her documents with the stamp approval from the water company. She was told by the water company that the fence required a 15-feet setback from the sidewalk, and she actually went five feet further. One thing she didn't mention at that meeting was that she bought her RV in 2007, and it had been parked there for six or seven months. The day after she bought the RV, a City representative told her she could keep the RV where it was parked as long as it was kept clean and no one complained. Six months ago, City staff informed her she couldn't park her RV where it was parked and that she needed City approval. She went to the City and was told to put up a fence, and now she was being told it wasn't screened properly. MR. FRANK TAYLOR, resident of Palm Desert Country Club(PDCC), stated he had already spoken to the ARC and Planning Commission regarding this matter. He was in favor of reaffirming the ARC decision. He said most of the lots within the PDCC were about 6,000 square feet each and did not hold RV's very well because most lots didn't have room on the side of the properties. He displayed a photograph of a RV parked on a side street (corner of Wyoming and Delaware)and believed a couple of years ago it was presented to the Council as an appeal. At that time, there was a request to put bushes up for screening. He presented a photograph that illustrated how those bushes had grown more than 12 feet. The intention of the resident was to go against what the Council had agreed upon at that time, which was to not allow RV's to park in public view. Bottom line was that he didn't like RV's parked in front yards, and in Palm Desert County Club there are multiple areas where they are being parked, but there isn't anyway to screen them. He understood the Applicant had problems regarding storage, but he too had a RV, and he paid for storage. He believed storage units throughout the Coachella Valley were secure and allowed for RV storage. He said these issues had generated the need for a moratorium on RV permits, which was another item on the Agenda this evening, but regardless, he felt the Ordinance still needed a lot of work. He said the Council should deny the Applicant's request and have the Applicant return if the Ordinance is revisited. Councilman Ferguson moved to, by Minute Motion, reaffirm the action of the Architectural Review Commission and deny the request to park a recreational vehicle in the front yard of a single-family residence located at 42-870 Virginia Avenue behind a wrought-iron fence. Motion was seconded by Finerty and carried by a 5-0 vote. 14 � �� _ �� :`� ` ' � PRELIMINARY MINUTES ` REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009 B. REQUEST FOR AUTHORIZATION OF THE ANNUAL PURCHASE OF GRASS SEED FOR CITY PARKS AND DESERT WILLOW GOLF COURSE. Councilmember Benson moved to, by Minute Motion, authorize the purchase of 262,800 pounds of grass seed from Crop Production Services Inc., La Quinta, California, in the amount of$196,151.29 (including tax, shipping and handling) —funds are available in Account Nos. 110-4610-453-2190 ($7,750.93), 110-4611-453-2190 ($7,750.94), and 110-4611-453-3371 ($10,000), forthe City's portion of seed in the amount of$25,501.87, with the balance to be funded by Desert Willow in the amount of$170,649.42 from Account Nos. 80710-5600-100 and 80710-5600-105. Motion was seconded by Ferguson and carried by a 5-0 vote. C. REQUEST FOR ADOPTION OF RESOLUTIONS OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY REGARDING FUNDING OF PHASE 2 LOANS FOR THE CITY OF PALM DESERT ENERGY INDEPENDENCE PROGRAM (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Gibson stated this item was the second series of Redevelopment Bonds for investment into the City's Energy Program by buying loans already lent out for the Palm Desert Energy Independence Program. As of this date, the City had $1,136,000 worth of loans, which will free up additional monies to lend out again. Mayor Pro Tem/Vice Chairman Finerty moved to waive further reading and adopt: 1) City Council Resolution No. 09-63, providing for the issuance and sate of Limited Obligation Improvement Bonds in principal amount not to exceed $1,500,000, approving as to form and authorizing the execution and delivery of a Bond Purchase Agreement in connection therewith, and authorizing certain other matters relating thereto; 2) Redevelopment Agency Resolution No. 562, authorizing the Redevelopment Agency's investment in and purchase of the City of Palm Desert's Energy Independence Program, Limited Obligation Improvement Bonds, Series 2009B(Taxable), approving as to form and authorizing the execution and delivery of a Bond Purchase Agreement in connection therewith, and authorizing certain other matters relating thereto. Motion was seconded by Kelly and carried by a 5-0 vote. 15 �, �>,,, �,: �•� � ' �`� PRELIMINARY MINUTES '�`` ` REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009 D. REQUEST FOR AUTHORIZATION TO PROVIDE FOR A SAFEKEEPING SET-ASIDE FUND FOR THE PALM DESERT FINANCING AUTHORITY'S ENERGY INDEPENDENCE PROGRAM VARIABLE RATE DEMAND LEASE REVENUE BONDS, SERIES 2009 (FEDERALLY TAXABLE), IN CONNECTION WITH DEVELOPER CLAIM AGAINST THE CITY, AND APPROVAL OF RELATED DOCUMENTS(JOINT CONSIDERATION WITH THE PALM DESERT FINANCING AUTHORITY). Councilman/Member Ferguson moved to waive further reading and adopt: 1) Financing Authority Resolution No. FA-65, supplementing Resolution No. FA-63 to provide for a Safekeeping Set-aside Fund for its Energy Independence Program, Variable Rate Demand Lease Revenue Bonds, Series 2009, in connection with developer claim against City; approving related changes to certain documents in connection therewith; and authorizing certain other matters relating thereto; 2) City Council Resolution No. 09-64, supplementing Resolution No. 09-53 to provide for a Safekeeping Set-aside Fund for the Palm Desert Financing Authority's Energy Independence Program,Variable Rate Demand Lease Revenue Bonds, Series 2009; approving related changes to certain documents in connection therewith, and authorizing certain other matters relating thereto. Motion was seconded by Finerty and carried by a 5-0 vote. Councilman/Member Kelly said he voted yes but didn't see the need, because he didn't believe the City of Palm Desert would go broke. E. REQUEST FORAPPROVAL OF THE DESERT RECREATION DISTRICT'S r REQUEST TO ADJUST FEES ASSOCIATED WITH THE CITY OF PALM DESERT'S FACILITIES. Parks Facilities Manager Jay Niemczak noted the staff report and the request for adjustment of fees associated with the City of Palm Desert recreation facilities by the Desert Recreation District (DRD). He noted Mr. Kevin Kalman with DRD was present to answer any questions as well. Mayor Pro Tem Finerty expressed appreciation for allowing sworn officers, municipal employees, and active military to attend at no cost, which she thought was the appropriate thing to do. Councilman Ferguson moved to, by Minute Motion, approve the Desert Recreation DistricYs request to adjust fees associated with the City of Palm Desert's Facilities, as illustrated on the accompanying staff report exhibit. Motion was seconded by Finerty and carried by a 5-0 vote. 16 ,�� t�� PRELIMINARY MINUTES `�'r� REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009 F. REQUEST FOR AUTHORIZATION OF THE DESERT RECREATION DISTRICT "DESERT ROCK" CONCERT SERIES IN THE PALM DESERT CIVIC CENTER PARK AMPHITHEATER. Parks Facilities Manager Jay Niemczak noted the request by Desert Recreation District (DRD) to hold a concert series at the Civic Center Park. He said for the past four years the DRD had been holding the concert with approval from previous City Manager Carlos Ortega. With the City having a new City Manager, staff felt it would be appropriate to bring it before the Council for approval. Responding to question, he confirmed it was two concerts: Dave Mason and John Waite. He noted Mr. Craig DeWitt from Desert Recreation District was available to answer questions. Councilman Ferguson moved to, by Minute Motion: 1) Authorize the Desert Recreation District to hold its 4th Annual "Desert Rock" Concert Series in the Palm Desert Civic Center Park Amphitheater; 2) authorize Desert Recreation District to provide food vendors at the event; 3) approve contribution of Sheriff's Department services in the amount of $1,059.04. Motion was seconded by Kelly and carried by a 4-1 vote, with Finerty voting NO. G. REQUEST FOR DIRECTION ON WAIVING THE THREE-YEAR PAVEMENT EXCAVATION MORATORIUM TO ALLOW THE GAS COMPANY TO PERFORM NON-EMERGENCY EXCAVATION ON PITAHAYA STREET. Mr. Greenwood stated the City had a long-standing Ordinance which imposed a moratorium on cutting trenches into streets for a period of three years after being paved. Pitahaya Street was paved in November 2007, so the moratorium would run through November 2010. The City was approached by The Gas Company and requested an encroachment permit to do some non-emergency trenching and pipeline work. Staff reviewed their application and determined that because it fell within the moratorium period, the request was denied. The Gas Company acknowledged that it was not an emergency, it was routine work, and that the work cold wait, but staff felt this matter should be brought to the attention of the City Council based on the request by a resident that the work be done sooner. Mayor Spiegel asked if The Gas Company would re-pave whatever was torn up, if Council approved the Application. Mr. Greenwood responded a condition could be imposed to have them re-pave half of the street that was trenched or have them do the entire width of the street. 17 �n t�i� .�.�i ��'h�� PRELIMINARY MINUTES �°�_�` ° �� REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009 MS. MARLA PAASCH, Pitahaya Street, Palm Desert, CA, stated this item included the streets of Pitahaya, Hedgehog, Edgehill, Shadow Mountain,and Beavertail. In November 2007, Pitahaya and adjoining streets were re-paved, and at that time the City did not have The Gas Company conduct a street sweep to check for any gas leaks. In May 2008 there was a gas leak found on Pitahaya Street that had decimated five yards, which took out vegetation, and made worms come to the surface, and it was found in her house; gas leaks can explode between the ranges of 13 to 17 percent. She spoke to the man who was doing the trenching, and he indicated it had to do with metal couplings and the fact that her house was the oldest house on Pitahaya Street from 1959, which was all metal. The previous owner, had the City install sewer and gas in the area. The house next door was from the 1970's, and it had Teflon piping. In the 1970's, Teflon piping to the metal was not what it is today, which she believed to be the problem. She said the piping was six feet wide going down the middle of the street and into her yard and into her house. She complained to The Gas Company but got nowhere with them because iYs a huge expensive job, which was what she was told. She cannot smell the gas, but it seemed everyone else from the neighborhood had been calling The Gas Company because apparent there were also four broken gas meters in that area at that time. Another neighbor complained about being charged for gas services, yet they had a gasless system. The Gas Company tested her yard four days after the gas was plugged from the street, and her house is 20 yards away from the original gas leak, and was told that it decimated all the yards, including hers. They put a probe right next to her son's door, and it came up positive. Her son has asthma, but learned that fainting was not a symptom of asthma. She's been protesting The Gas Company to do something about it to no avail. She contacted Risk Manager Gary Rosenblum and apparently the City Council doesn't talk to The Gas Company, yet she paid taxes to the City. She was told what the Gas Company had underground was their business. She said she was a single mother trying to get the gas couplings underneath the streets fixed. She stopped talking to The Gas Company in October 2008, and about a month ago, they apparently came to the conclusion that maybe they needed to fix this problem on Shadow Mountain. Five years ago there was a fire in the street, which the Fire Chief was probably aware of because it was called in and found that it was a gas leak. She was told that when this happens the ground becomes calcified and probably proof of this exists, but it is her assumption that it is attributed to bad piping. She said the City Manager mentioned she was complaining about a gas leak at this time, which was incorrect, she's complaining about the infrastructure. The Gas Company now wants to revamp 32 homes in the area, and she didn't know who would pay to have the street re-paved and didn't care, because her main concern was to have the structure fixed. She said any help at this point was welcomed, but that she was not at her last straw and would continue with this issue until she found an answer. 18 ' K; � PRELIMINARY MINUTES �'`� � � REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009 Mayor Spiegel asked if The Gas Company was willing to trench the street. Mr. Greenwood replied The Gas Company applied for an Encroachment to do the work at no cost to the City. Further responding, he agreed to impose a condition on The Gas Company that they be responsible for paving half of the street or the entire street where the trenching is done. Staff would need Council action this evening if that is the directive. MS. PAASCH requested that the trenching go all the way to the Shadow Mountain area, because she believed it was something that went far deeper than what it appeared. Councilman Ferguson asked if the City had any correspondence or documentation from The Gas Company as to why they would do this or whether it can verify there was gas leaking. Mr. Greenwood responded that City staff had spoken to The Gas Company by phone and it had phone notes, and The Gas Company's Application for Encroachment, which included some information. Further responding, he said The Gas Company had never acknowledged anything about a gas leak and only indicated this was a routine maintenance and upgrade of the system. He noted The Gas Company wouldn't normally discuss any type of gas leak with the City. Councilmember Benson stated she was in favor of having The Gas Company do the work as long as they restored the street to the way they found it. Mayor Spiegel agreed, stating he was afraid of denying the request and then have a bomb go off on Pitahaya Street because of a gas leak. Councilmember Benson moved to, by Minute Motion, to allow The Gas Company to perform non-emergency excavation on Pitahaya Street, with additional condition that The Gas Company be required to repair/re-pave the street to its original condition after excavation is completed. Motion was seconded by Spiegel and carried by a 5-0 vote. 19 PRELIMINARY MINUTES � � �� REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009 H. REQUEST FOR APPROVAL OF THE CITY OF PALM DESERT 2009 CONCERT AND MOVIE SCHEDULE. Councilmember Benson pointed out that the Summer movie schedule was cut out, which was an economy move, and the new fall schedule was a gesture to have some type of entertainment during these hard times. Mayor Spiegel said movies will be shown on Friday nights instead of Thursday nights because of the children that attended school. The summer schedule was discontinued from an economy standpoint, but also because of the hot weather. Councilman Kelly said the concerts didn't cost much to have, so he didn't agree with cutting down the number or reducing services to the community. Mayor Pro Tem Finerty moved to, by Minute Motion: 1)Approve attached schedule for the 2009 "Music & Movie Madness" Series; 2) approve expenditure in the amount of $8,500 with Studio Instrument Rentals, Palm Springs, California, for concert professional staff, sound, and lighting; 3) approve expenditure for professional services in the amount of $7,400 with Live Oak Multi Media, Indio, California, for production of movies; 4) authorize Mayor to execute the following contracts, as presented: a) Navy Band Southwest Wind Ensemble - Contract No. C29190A - $500; b) Chris Compton Live - Contract No. C29190B - $2,300; c) Jim Little (Boys & Girls Club Swing/Jazz Band) - Contract No. C29190C - $500; d) Vince Verdi (Side Street Strutters) - Contract No. C29190D - $7,000 —total cost for the series $26,200, with funds available in Account No. 110-4416-414-3061, no appropriation is needed. Motion was seconded by Benson and carried by a 5-0 vote. XV. CONTINUED BUSINESS A. REQUEST FOR AUTHORIZATION FOR STAFF TO PURCHASE REPLACEMENT CHINA AND SERVICEWARE FOR DESERT WILLOW GOLF RESORT (Continued from the meeting of June 25, 2009). Councilman Kelly moved to, by Minute Motion, continue this item to the meeting of September 10, 2009. Motion was seconded by Ferguson. Mr. Wohlmuth stated he had a meeting the following day with Kemper Sport Management on the selection of the china, which had been on display in his office. He said this item will be on the next City Council agenda to request authorization for staff to go out to bid. Councilmember Benson asked if it was still possible to have the china for the Athena Award luncheon on October 28, 2009. Mr. Wohlmuth answered yes. Mayor Spiegel called for the vote and it carried by a 5-0 vote. 20 PRELIMINARY MINUTES ��;�; ,�� '!�� REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009 B. ORDINANCE NO. 1188 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 15.06 - ENERGY CODE - TO THE PALM DESERT MUNICIPAL CODE AND REPEALING TITLE 24, SECTION 24.30 - ENERGY EFFICIENCY STANDARDS (Continued from the meeting of July 9, 2009). Mr. Grance noted this item was continued from July 9, and staff recommended it be continued to a date uncertain forthe second reading and public hearing because of the State's delay in the implementation of the software used for enforcement and compliance with the new California Energy Code. He said once the State notified the City that it had the software fixed, the item will be placed on the agenda. Councilman Ferguson asked Mr. Fred Bell from the Business Industry Association if he still wished to speak or wait until it was back on the agenda. Mr. Bell indicated he wished to wait. Councilman Ferguson moved to, by Minute Motion, continue second reading of Ordinance No. 1188 to a date uncertain, delaying the effective date of adoption of the 2008 California Energy Code from August 1, 2009, to January 1, 2010. Motion was seconded by Finerty and carried by a 5-0 vote. C. REQUEST FOR AUTHORIZATION TO DEVELOP AND ISSUE AN RFP (REQUEST FOR PROPOSALS) FOR WEBSITE CONSULTANT AND TO CONTINUE CURRENT CONTRACT WITH KIMBERLY CORAK ON A MONTH-TO-MONTH BASIS IN THE INTERIM (CONTRACT NO. C29090) (Continued from the meeting of July 9, 2009). Information System Manager Clayton von Helf offered to answer questions. Mayor Spiegel distributed the Dining Guide for the City of Rancho Mirage to the rest of the Councilmembers, stating that in his opinion Rancho Mirage's guide was better than Palm Desert. Councilman Ferguson asked if it would make sense to fire Kimberly Corak and hire someone that could do a better job. Mayor Spiegel answer not necessarily because the Council had not complained about it until he took a look at it and was able to compare. His point was that the City had a lot of events going on every month that needed to get on the website, including the concerts that were just approved earlier this evening. He said it made sense to continue on a month-to-month basis and go out for a Request for Proposal. Councilman Ferguson agreed. However, he felt the City could survive without any further services, because it wasn't going to get any better, and he wasn't one to spend money to find out. 21 PRELIMINARY MINUTES �`�'"` �'TM "M ��"�' REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009 Councilmember Benson stated originally when the City went out to bid, Ms. Corak came in on $72,000. Responding to question, Mr. von Helf stated Ms. Corak was paid $5,500 monthly. Councilman Kelly wondered what would happen to the work if the City decided to go out to bid. Mayor Spiegel stated he assumed Ms. Corak would be doing work for the monthly charge. Mayor Pro Tem Finerty stated that if she was only doing what the invoices indicated, why would the City want to continue to throw good money away. Mayor Spiegel replied that Mayor Pro Tem Finerty was only looking at one small part of what Ms. Corak was doing for the Palm Desert website. Responding to comment about the handout, he said the City of Rancho Mirage Dining Guide had valuable coupons for restaurants in Rancho Mirage that Councilmembers may want to take advantage, and that he planned to present it to the Marketing Committee to investigate in doing the same for Palm Desert. Councilman Ferguson agreed to have a Dining Guide Coupon book, but that it should be done with whoever won the new Request for Proposal. Mayor Pro Tem Finerty stated she had a problem with Ms. Corak's invoices, which just stated, "Interactive Marketing and Website Consulting Services rendered in 2008, $5,500." She couldn't see how it was the same thing every month. She felt some months had to be lighter than others and wasn't convinced the City was getting $72,000 worth and didn't feel comfortable moving ahead with it. If staff wanted to have someone else do the work, they need to present to Council exactly what they want to have done, because the City has been working on websites for years and it had been combining stuff to make it easier to go from the Tourism website to the Art In Public Places website, and back and forth, etc. It seemed a coordinated effort needed to be established especially during these economic times. Councilman Ferguson moved to, by Minute Motion, authorized staff to develop and issue an RFP for website consultant and discontinued the current contract with Kimberly Corak on a month-to-month basis in the interim. Motion was seconded by Finerty. Mr. von Helf stated that with regards to the invoices, the staff report listed in detail the work provided. 22 �� PRELIMINARY MINUTES �; � `` - ' REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009 Mayor Pro Tem Finerty said she saw it, but it didn't mean much to her. She said she read every word, but she wasn't convinced the City was getting its money's worth. Mayor Spiegel asked how long it would take to get answers to a Request for Proposal. Mr. von Helf responded a RFP could be written and published within two weeks and can be left open for the standard process time. Mr. Wohlmuth stated it would take a full two-month process by the time Council approved the contract with the successful firm. Mayor Spiegel asked if the recently approved concerts could be posted on the City's Website. Mr. von Helf stated he had the capability within staff to make updates and changes. Mayor Spiegel called for the vote, and it carried by a 5-0 vote. XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF AMENDMENT NO. 1 TO CONTRACT WITH COUNTY OF RIVERSIDE DEPARTMENT OF ANIMAL SERVICES FOR ONGOING ANIMAL CONTROL FIELD SERVICES (CONTRACT NO. C24202). Councilmember Benson moved to, by Minute Motion: 1)Approve Amendment No. 1 to the subject contract with County of Riverside Animal Services in an amount not to exceed $7,992.44 for ongoing Animal Control Field Services; 2) authorize the Mayor to execute same — funds are available in Account No. 110-4230-442-3090 for expenses incurred during FY 2008-2009 and will be expended therefrom. Motion was seconded by Ferguson and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF THE SECOND AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN COUNTY OF RIVERSIDE DEPARTMENT OF ANIMAL SERVICES AND THE CITY OF PALM DESERT FOR ANIMAL CONTROL FIELD SERVICES AND APPROPRIATION OF ADDITIONAL FUNDING RELATED THERETO (CONTRACT NO. C24202). Councilmember Benson moved to, by Minute Motion: 1) Approve the Second Amendment to the subject MOU between County of Riverside Department of Animal Services and the City of Palm Desert for Animal Control Field Services - term of MOU is July 1, 2007, to June 30, 2012; 2) authorize the Mayor to execute same; 3) appropriate $20,583.70 from Unallocated General Fund Reserves to Account No. 110-4230-442-3090 23 �f� ,4� �;� � PRELIMINARY MINUTES �.��, �, ��,��`� REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009 for this purpose — estimated cost of $119,077 for FY 2009-2010, with 10% contingency ($11,907.70)to address overtime and mileage estimates, for a total amount not to exceed $130,984.70. Motion was seconded by Finerty. Councilman Kelly stated the City conducted a spade program a while back and thought it was an excellent and cost effective. He asked if the City had plans to do more of the same. Code Compliance Manager Hart H. Ponder was happy to report the City had two new Spade Neuter Clinics scheduled for the following year and thanked the Council for support of the program because it was an overwhelming success. Responding to question, he agreed to provide Councilman Kelly with a copy of the flyer. Further responding, he confirmed one of clinics will continue to be held at the Civic Center Park Mayor Spiegel called for the vote, and the motion carried by a 5-0 vote. C. REQUEST FOR AWARD OF CONTRACT TO VARIABLE SPEED SOLUTIONS, INC., FOR THE DESERT WILLOW IRRIGATION PUMP STATION FILTRATION SYSTEM PROJECT (CONTRACT NO. C28790). Project Coordinator Heather Buck noted the staff report and offered to answer questions. Responding to question, she said only one bid was received and the amount was reasonable because it was a $4,500 reduction from the previous time this item went out to bid with the same contractor. Councilmember Benson moved to, by Minute Motion: 1) Authorize award of the subject contract in the amount of$171,910 to Variable Speed Solutions, Inc., Huntington Beach, California, for the recycled water filtration system upgrade at Desert Willow Golf Resort and authorize the Mayor to execute same; 2) authorize the Director of Finance to set aside the amount of $17,191 as 10% contingency for the project (use of contingency requires additional action) — funds are available in Account No. 241-4195-495-8092. Motion was seconded by Finerty and carried by a 5-0 vote. D. REQUEST FOR APPROVAL OF CONTRACT BETWEEN THE CITY OF PALM DESERT AND BEST, BEST & KRIEGER, LLP, FOR CITY ATTORNEY COUNSEL SERVICES (CONTRACT NO. C28880). Councilman Ferguson moved to, by Minute Motion: 1)Approve the subject contract between the City of Palm Desert and Best, Best & Krieger, LLP, for Legal Services, substantially as to form—funds are available in the FY 2009-2010 Budget for City Attorney Services; 2)authorize the City Managerto finalize the agreement with Best, Best&Krieger, substantially as to form; 3)authorize the Mayorto execute the finalized agreement. Motion was seconded by Finerty and carried by a 5-0 vote. 24 k�'; 'c4 �"'fi�.,."F ,�� PRELIMINARY MINUTES ��;�.,,�,�� REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009 E. REQUEST FORAPPROVAL OFAGREEMENT FOR LEGAL SERVICES BY AND AMONG THE PALM DESERT REDEVELOPMENT AGENCY, THE CITY OF PALM DESERT, AND RICHARDS, WATSON & GERSHON (CONTRACT NO. R28880) (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Councilman/Member Ferguson moved to, by Minute Motion: 1)Approve the subject contract for Legal Services to the Palm Desert Redevelopment Agency, the Palm Desert Housing Authority, and the City of Palm Desert with Richards, Watson & Gershon; 2) authorize the City Manager/Executive Director to finalize the agreement with Richards, Watson & Gershon, substantially as to form; 3) authorize the Mayor/Chairman to execute the finalized agreement. Motion was seconded by Finerty and carried by a 5-0 vote. XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT UPDATING AND REVISING PALM DESERT MUNICIPAL CODE SECTION 25.68 - SIGNS Case No. ZOA 09-104 (City of Palm Desert, Applicant) (Continued from the meeting of June 25, 2009). Councilman Ferguson noted he represented an outdoor advertiser and should probably abstain on this item. He recused himself and left the Council Chamber. Principal Planner Tony Bagato noted this item was continued from the previous meeting and based on previous discussion, staff was recommending the removal of the Creative Sign section, reviewed the freeway signage and decided to add the single-font type in the color Bernard Gothic T Medium Black; a sample of the font was displayed. He said the clean font-type was approved by the subcommittee. Another issue talked about was the font size, 12 inches versus 16 inches; the initial recommendation of the subcommittee was 12 inches. When this matterwas presented to the Planning Commission, some of the Commissioner's felt that 12 inches was too small. He prepared an exhibit that showed the difference between the two sizes, and in looking at the possible scenarios for smaller multi-tenant buildings, 16 inches would be the maximum allowed and still be appropriate. The last thing reviewed at the Mayor's request was lighting for signage on the freeway. Staff looked at other alternatives along EI Paseo, which highlighted different types of lighting features. The two types of lightings researched were the Reverse "Halo" Lit and External Fixtures. Staff found that the "halo" lit lettering gave a cleaner, high-quality appearance, which could provide identification at night and also still achieve the goal of the Signage Ordinance. The External Fixtures don't provide as much control on the amount of lighting going out. Therefore, staff changed its recommendation to approve"halo"lit illumination only, and the alternative was still non-illuminated. In summary, staff recommended approval of the 25 �#;� ,�� ,��' PRELIMINARY MINUTES ��, -�e,r,=.�� REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009 Sign Ordinance with the removal of the Creative Sign Program, a single font-type and color, 16 inch letters maximum for multi-tenant signs, and reverse "halo" lit letters only. Mayor Spiegel declared the public hearing o en and invited testimony in FAVOR of or in OPPOSITION to this Ordinance. MS. VELMA OTTERMAN, EI Paseo, California, CA, stated the issue she wished to speak on had nothing to do with this matter, but it did have to do with signs on EI Paseo. She said she's been on EI Paseo for 35 years and it was amazing how long one can be somewhere and not know all the Ordinances. For 35 years she's had a sign out on EI Paseo that said "Open" to tell people she was open for business, but every time the wind blew it would blow over. Therefore, all up and down EI Paseo, one would see signs with rocks or sandbags piled around the bottom to hold the pedestal sign in place. She had a lovely A-frame made for outside of her shop and was very proud of it. When the wind blew it did not require rocks to hold it down. However, a couple of weeks ago City staff informed her there was an Ordinance against having A-frame signs. She heard the City of Palm Springs recently overturned their Ordinance for the same reason. She provided photographs to the Council of the pedestal signs with rocks piled around it. She said it would be nice for the Council to overturn Palm Desert's Ordinance, so that merchants can have a sign that would stand up. She said the signs were very important especially during the summer when half the shops are closed. Unfortunately, EI Paseo does not have a set time that stores are open, so customers look for those signs on the street. She respectfully requested that the Council consider overturning the City's Ordinance. MS. BARBARA deBoom, President/CEO of the Palm Desert Chamber of Commerce stated that members of the Chamber reviewed the Sign Ordinance changes and was pleased to see the increase in font size to 16 inches, but she really believed the font size needed to be a minimum of 18-20 inches. New businesses coming in along the freeway, with as fast as traffic is going, need their signage to be seen. She said the "Chico" sign, which was 18 inches would be preferable. She displayed a sign with the difference between the 12-inch and 24-inch lettering, stating that was the Chamber's major concern. She said everyone was aware that it was a down economy with more than 35 empty storefronts on EI Paseo; some stores are empty and closed for the summer. She said if the Council allowed the A-frame signs that stated "Open for Business" as opposed to the new Ordinance that was just changed that said, "Going Out of Business," it would be helpful to the EI Paseo merchants. 26 ,� � � .�� PRELIMINARY MINUTES H��`�� REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009 MR. DICK BAXLEY, Baxley Properties, Palm Desert, stated he was in support of the change to inclucie lighting. He said freeway visibility at the speed vehicles went by was a must. He was in support of the "halo" type lighting or any technical matter that would get the signs lit. Mr. Bagato stated that with regard to the A-frame signs, they had always been prohibited on EI Paseo, and the Ordinance included a section under EI Paseo that allowed pedestal signs that said "Open." The subcommittee didn't want to change anything that would create clutter, which A-frames typically do. He suggested Council can approve Temporary Use Permits for outdoor display, but he wasn't sure if Council wanted to add them as a permanent sign into the Ordinance this evening. Responding to question, he said originally no signage was allowed on EI Paseo sidewalks because they tend to create clutter and pedestrians could trip over them. In the early 1980's, the Chamber of Commerce requested to allow pedestal signs on EI Paseo because it was a foot traffic retail. The idea with the pedestal signs was that it was a small pole and a small square top, which was very limited. However, with the A-frame, one can have a wide range of sizes, triangle base signs that can stick out anywhere from four feet by four feet, and presently there was no regulation for A-frames because they are prohibited. MS. OTTERMAN, stated she too wants EI Paseo to look nice, but as reflected in the photographs she provided to the Council, small A-frames would look better than the pedestal signs with all the rocks around it. Mayor Pro Tem Finerty stated she didn't think the signs with the rocks were aesthetically pleasing for EI Paseo. She would like to look at the pros and cons of the A-frame signs. She asked if the A-frame signage could be discussed as a separate matter, but move ahead with the Sign Ordinance. Mayor Spiegel agreed to discuss the A-frame signage as a separate matter this evening. With no furthertestimony offered, MayorSpiegel declared the public hearing closed. Mayor Pro Tem Finerty stated she was originally a proponent of the 12-inch font, but believed the 16-inch font made sense and appreciated staff removing the Creative Sign Program. However, she was opposed to lighting on the signs, because she believed there was a difference between identifying versus advertising. She was also in favor of moving forward with approving the Sign Ordinance as presented and eliminating the illumination. In addition, review the A-frame signage, check to see what other areas like the what the City of Palm Springs had done, what the City of Palm Desert thoughts were in the past, and what they might be now. 27 PRELIMINARY MINUTES 4"�,� �; �� REGULAR PALM DESERT CITY COUNCIL MEETING g�`i��l�(��S�f`�'27,�2009 Councilman Kelly stated he would only deal with the Sign Ordinance as it related to freeway signage because it would be confusing for him to mix the two issues. He was in favor of lighting and having more than 16-inch lettering. He said there were more billboards between Monterey Avenue and Palm Drive in the Coachella Valley than in San Bernardino County, Los Angeles County, Ventura County, and San Luis Obispo County, and the lettering on them was_more like six-feet tall. He said there were 70 billboards in the Coachella Valley, and he knew because he counted them on purpose on one of his trips. He thought it was ridiculous to be worrying or debating over 12-inch versus 16-inch lettering. He said the City should give the merchants a chance to let people know where they are because when he's traveling on the freeway, he's looking at those building and signage for a particular store. He felt the backlighting showed up very well and had a lot of class. Councilmember Benson stated 16-inch lettering was tall enough, and she liked the backlighting. However, she felt there should be a time limit on when the night lights can be on, which may also lessen the glow. Councilman Kelly stated that with regard to the A-frame signs, he said business was slow in the summer, and it was difficult to know which stores were open. He said the A-frames should be allowed at least for a certain number of months during the off-season, so that merchants can identify themselves Mayor Spiegel stated he preferred the A-frame instead of the pedestal type. Mayor Pro Tem Finerty agreed, but believe a standard should be established for the use of the A-frame signs in the summer and decide on the size and colors that are aesthetically pleasing and in keeping with the EI Paseo image. Mayor Spiegel asked if staff could return to Council with an A-frame standard. He said if a merchant currently had an A-frame they could keep it up until staff returned with a standard recommendation. Mr. Bagato responded the A-frames can remain with the pedestals like it was today, and staff will work with the Signage Subcommittee, EI Paseo Retailers, and Chamber, and come up with a standard for A-frames and possibly replace it as an amendment to the Ordinance. Mayor Pro Tem Finerty requested that the pedestal signs also be reviewed. Councilmember Benson stated the A-frames should not include balloons or flags and only to be used during the summer. 28 �� ;� �� n�� PRELIMINARYMINUTES �'�� REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009 Mayor Pro Tem Finerty moved to, by Minute Motion, requested study of the issues of both A-frame and pedestal signs for retailers in order to bring back a future recommendation for possible amendment to the Sign Ordinance, with any of them being used presently for customer attraction allowed to remain until study completed. Motion was seconded by Benson and carried by a 4-0 vote, with Ferguson ABSENT. Councilman Kelly moved to allow backlighting on freeway frontages until 1:00 a.m., with 16-inch lettering. Motion was seconded by Spiegel. Motion failed on a 2-2-vote, with Kelly and Spiegel voting Aye, Benson and Finerty voting NO, with Ferguson ABSENT. After discussing the issues further, compromises were made with regard to the time allowed to have the backlighting on and the size of the font. Mayor Pro Tem Finerty moved to, waived further reading and pass Ordinance No. 1190 to second reading, as amended, to allow halo backlighting on freeway frontages until 11:00 p.m. only, 16-inch letters,without the creative sign provision, and one single font size. Motion was seconded by Benson and carried by a 3-1 vote, with Kelly NO and Ferguson ABSENT. B. REQUEST FOR APPROVAL OF AMENDMENT TO RESOLUTION NO. 06-69, REMOVING DEPARTMENT OF COMMUNITY DEVELOPMENT/PLANNING CONDITION NUMBER 11, REQUIRING THE THREE SERVICE BAY DOORS FACING CABRILLO AVENUE TO BE CLOSED AT ALL TIMES AND ONLY OPENED WHEN VEHICLES ARE EXITING THE FACILITY — PROPERTY LOCATED AT 74-180 HIGHWAY 111 Case No. PP/CUP 05-05 and VAR 05-04 Amendment #1 (Fastlane Oil Change / Chris Jones, Applicant). Mr. Bagato stated this item needed to be continued to September 10, 2009, for legal notice purposes. Mayor Spiegel declared the public hearing open and invited anyone who wished to speak on this matter to do so at this time. The public hearing was left open. Councilman Ferguson moved to, by Minute Motion, continue this public hearing to the meeting of September 10, 2009. Motion was seconded by Finerty and carried by a 5-0 vote. 29 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009 C. CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO REVOKE AN EXISTING CONDITIONAL USE PERMIT(CUP) FORA MASSAGE THERAPY ESTABLISHMENT IN A 685 SQUARE-FOOT OFFICE SUITE LOCATED AT 74-350 ALESSANDRO DRIVE, SUITE B-4 Case No. CUP 07-02 (Xiang Li, Business Owner; Shah Family Trust, Property Owner). Assistant Planner Kevin Swartz stated that at the Planning Commission Meeting of June 16, 2009, the Commission revoked CUP 07-02 on a 3-1 vote for a massage establishment known as Tranquility Massage due to violations of the Palm Desert Municipal Code and Conditions of Approval. CUP 07-02 allowed a massage establishment in a 685 square foot office suite. The property owner and potential tenant have made an appeal. While staff was in the process of scheduling the revocation public hearing, the business owner of Tranquility Massage sold the massage business and business name to another operator. This operator currently has a massage establishment located at 72-655 Highway 111, Suite B7, known as Health Systems, which was discovered by the Planning Department when an Application for Certificate of Use was submitted. Revocation of a CUP would prohibit the new business owner, or any other massage business from opening at the same location for at lease a year. The revocation of CUP 07-02 by the Planning Commission is unrelated to the transfer of the business name from one party to another. A CUP runs with the land and is strictly a land use issue. The previous tenant violated the Palm Desert Municipal Code and the Conditions of Approval. The findings to justify the revocation of CUP 07-02 can be found in the Planning Commission Resolution No. 25-05. Staff recommended that the City Council uphold the decision of the Planning Commission. He offered to answer questions. Mayor Spiegel declared the public hearing open and invited anyone who wished to speak on the subject matter to do so at this time. MR. TONY M. LU stated he was the Attorney representing the Applicant. He noted he was present at the Planning Commission Hearing back in June and the threshold issues here was that the new prospective business buyer and who proceeds the City to find out what to do about getting the CUP renewed and eventually getting a business license. She was told by the City that everything was going to be okay. She has had another establishment in the City and was told she would be able to obtain a CUP within a couple of weeks or so. In reliance by the statement by the City representative, the new owner spent about$15,000 in buying the business from the previous owner, who was the one that was cited. He said his client nor the current landlord was aware of the citation. The new tenant also spent about$4,000 in hiring contractors to remodel. Only after the remodeling and signing of the lease was she informed by the City that there was discussion within the Planning 30 R� ��f :� � PRELIMINARY MINUTES " �° � �°'' : REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009 Department to revoke the existing CUP. He said this issue was also brought up at the hearing at the Planning Department. Apparently there was miscommunication between the two departments within the City. While on the business side there was no problem sending in the Application and having the matter approved. But on the other hand, the Planning Department was thinking about revoking the CUP. He said Dr. Shah who became the property owner in May was also present this evening. He said the City now had two new people in the shopping center who knew nothing about the entire citation and came into this transaction in good faith. He said his client only did this type of business and knew no other, the rent has become due for the past three or four months, and he hoped this didn't turn into a legal issue. He said, given the circumstances, his client should be given another opportunity as this was a moral issue involving economics. He offered to answer questions. MR. SURESH SHAH, Alessandro Drive, Palm Desert, stated he just bought this building on May 15, 2009, and previous owner never disclosed to him there was a problem with the CUP for massage therapy. The City also never informed the previous owner or him until the Planning Commission had a hearing. It said it seemed to him this was a racial profile, because he asked the police what had happened with the previous business owner, and he was told by them that "they were all Chinese prostitutes and that's all they did, and the change in name didn't mean anything." He said thaYs how the police viewed this matter and also how it was reflected in the Planning Commission minutes. He said it's not true that all Chinese conduct business the same because the new tenant had a business in Palm Desert with no violations or history of any problems. He felt the City was punishing her at the last minute, after she signed the lease and done all the tenant improvements. In this downturn with the economy, he noticed a 60%difference in revenue with the building. He said to have businesses who paid licenses fees was good for the City. However, placing a moratorium on massage establishment and removing a CUP and taking away a business from someone because she is Chinese was racial profiling, and the City should be ashamed. He said the tenant had done nothing to the City, had done good business, and has paid her taxes. He said the new tenant should have her CUP reinstated. He said the Council was wise to understood the circumstances, in that not all Jews were the same, not all red nicks were the same, and not all Chinese are the same. He recommended the City Council reinstate the tenant's business. With no further testimony offered, Mayor Spiegel closed the public hearing. Mayor Pro Tem Finerty stated that clearly there were violations and there needed to be consequences for the action. She said the Police Department did their job and as long as the City would entertain a review of stand-alone massage establishments, it would be irresponsible forthe Council to approve 31 �;,, . .;� PRELIMINARY MINUTES M�`' `'� ' ��-�`� � REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009 this request. She said the CUP was revoked and it ran with the land, so the Planning Commission's decision should be upheld. Mayor Pro Tem Finerty moved to, Minute Motion, deny the appeal and reaffirm the Planning Commission's decision to revoke existing CUP 07-02 for a massage establishment in an office suite located at 74-350 Alessandro Drive, Suite B-4. Motion was seconded by Benson and carried by a 5-0 vote. D. CONSIDERATION OF A RECOMMENDATION BY THE PLANNING COMMISSION TO IMMEDIATELY IMPOSE A 45-DAY INTERIM MORATORIUM ON ISSUANCE OF CONDITIONAL USE PERMITS TO INDEPENDENT MASSAGE ESTABLISHMENTS UNDER THE CITY'S MASSAGE ORDINANCE(P.D.M.C. CHAPTER 5.87)WHILE OPTIONS FOR LONG-TERM REGULATORY STRATEGY ARE STUDIED. Mayor Spiegel declared the public hearing o en and invited testimony in FAVOR of or in OPPOSITION to the subject Urgency Ordinance. With no testimony offered, he declared the public hearing closed. Councilman Kelly moved to waive further reading and adopt Urgency Ordinance No. 1193 by four-fifths vote, imposing a 45-day interim moratorium on issuance of conditional use permits for any independent massage establishments while the City's Massage Ordinance(P.D.M.C. Chapter 5.87) is studied and potentially amended. Motion was seconded by Finerty and carried by a 5-0 vote. E. CONSIDERATION OFA RECOMMENDATION BYTHE ARCHITECTURAL REVIEW COMMISSION TO IMMEDIATELY IMPOSE A 45-DAY MORATORIUM ON REQUESTS FOR APPROVAL TO PARK RECREATIONAL VEHICLES ON PRIVATE PROPERTY UNTIL THE CITY'S RECREATIONAL VEHICLE ORDINANCE (P.D.M.C. CHAPTER 8.40) HAS BEEN AMENDED. Mayor Spiegel declared the public hearing o en and invited testimony in FAVOR of or in OPPOSITION to the subject Urgency Ordinance. Councilman Kelly stated the Council had probably been remised and had not given the Architectural Review Commission solid guidelines to make a subjective decision. Assistant Planner Missy Grisa asked if Council wished to appoint a representative to the subcommittee to reviewthe RV standards. Councilman Kelly agreed to volunteer. 32 -e`,rc, k��<i` ,.r:r PRELIMINARY MINUTES � REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009 Councilman Kelly moved to: 1)Waive further reading and adopt Urgency Ordinance No. 1194 by four-fifths vote, imposing a 45-day moratorium on the requests for approval to park recreational vehicles(RVs)on private property until the City's Recreational Vehicle Ordinance (P.D.M.C. Chapter 8.40) has been amended; 2) By Minute Motion, appoint Councilman Kelly to the subcommittee to work with staff and the Architectural Review Commission on revising the current Code — upon Architectural Review Commission approval, a revised draft ordinance will be brought forward to the City Council for final review and approval. Motion was seconded by Finerty and carried by a 4-0 vote, with Benson ABSENT. XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. Report on City Reorganization Plan. � Mr. Wohlmuth called attention to the report provided in the packets. He noted that after the FY 2009-2010 Budget, 19 positions were eliminated from the workforce, majority of which were early retirements. He offered to answer any questions and related that Director of Public Works Mark Greenwood would be sitting at one of the staff seats to the left of the Council dais. Councilmembers offered compliments to Mr. Wohlmuth for his efforts and for the report. With City Council concurrence, received and filed the report. B. CITY ATTORNEY None C. CITY CLERK None D. PUBLIC SAFETY o Fire Department Please see Section IX - Awards, Presentations, and Appointments, Item A of these Minutes for introduction of new Palm Desert Battalion Chief Bill Hunley. 33 ��, T;,�,, , PRELIMINARY MINUTES � � . REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009 o Police Department Lt. Shouse announced that the Police Department would be conducting a DUI Checkpoint in the City of Palm Desert tomorrow night. Further, he reminded everyone that school would be starting back up on Monday, August 31, and the Motor Officers and Traffic Team would be out in force to ensure student safety. E. MAYOR AND MEMBERS OF THE CITY COUNCIL o Citv Council Requests for Action: None o Citv Council Committee Reports: None o City Council Comments: 1. Aspen Accord - Councilman Ferguson reported that on August 1, he and Mr. Wohlmuth traveled to Stockholm, Sweden, and Copenhagen, Denmark, and he would be summarizing the points of the Aspen Accord at a future meeting. Although, he wanted to say today that there was a very nice memorial dinner with all the people Carlos Ortega had worked with over the years from Sweden and Denmark. Palm Desert was presented with a beautiful collage of the many faces of Carlos as he participated in the Aspen Accord, which was presented to Rose Mary Ortega. It was obvious that Mr. Ortega's loss was felt widely, and Palm Desert is very proud of all his accomplishments, especially those that had a global impact. 2. Palm Desert Chamber of Commerce - Mayor Spiegel announced that the Chamber was going to be selling tickets to the NBA Game between the Phoenix Suns and the Golden State Warriors being played at the Indian Wells Tennis Gardens on October 10. He said two sections were set aside with seats priced at $40 each, with a tailgate-type party also being planned, and anyone interested should contact Barbara deBoom at the Palm Desert Chamber of Commerce. 34 �F"aT=, w.:�,�a:_ PRELIMINARY MINUTES ' ° -� REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009 XIX. ADJOURNMENT Upon a motion by Ferguson, second by Finerty, and 4-0 vote of the City Council, with Benson ABSENT, Mayor Spiegel adjourned the meeting at 5:45 p.m. ROBERT A. SPIEGEL, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 35