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HomeMy WebLinkAboutPrelim - CC - 05/27/2010 DRAFT PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 27, 2010 CIVIC CENTER COUNCIL CHAMBER . 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Deputy City Cierk Grace Mendoza convened the meeting at 3:00 p.m. Due to the lack of a quorum, she immediately adjourned the meeting to 3:30 p.m. Mayor Finerty reconvened the meeting at 3:30 p.m. II. ROLL CALL Present: Excused Absence: Councilmember Jean M. Benson Mayor Pro Tem Jim Ferguson Councilman Richard S. Kelly Councilman Robert A. Spiegel Mayor Cindy Finerty 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 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 Bill Hunley, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Misty Reynolds, Sergeant, Palm Desert Police/Riverside Co. Sheriff's Dept. Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2010 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 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Upon a motion by Kelly, second by Benson, and 4-0 vote of the City Council, with Ferguson ABSENT, Mayor Finerty adjourned the meeting to Closed Session at 3:31 p.m. She 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 Robert A. Spiegel VII. INVOCATION - Councilmember Jean M. Benson 2 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2010 VIII. ORAL COMMUNICATIONS - B MR. JIM SWANNER, Buttonwood Drive, Paim Desert, stated that as a member of this community, he's attended several council meetings to make his voice heard on issues that affected him, and each time he is directed to stand for the Pledge of Allegiance and Invocation. As a person who had not received the gift of faith, he preferred not to be directed to stand for the invocation and that the Council not be directed by its religious faith in anyway. He voted for some of the Councilmembers based on their history, education, life experience, and charisma, and at the very least, he asked that the word "we" be removed from the invocation. He understood his request would probably not be granted any more than the first class of Palm Desert High School students who voted to be the Palm Desert Sun Devils and ended up with the name Aztecs, or the nonbelievers like him who are forced to live under a blazing cross each night, or the gay and lesbian community forced to live as second-class citizens, or the Muslims, American Indians, and ironically the Aztecs, all exterminated under the banner of the cross for being heathens. His point was that he knew the Council would limit the number of tattoo shops visible to tourists in town, because image was important and they don't want to offend the conservatives. However, he recently saw a young man with the words"Love, Hope, and Faith" and a cross prominently tattooed on his neck, which occurred to him, if wearing religion on your skin became half as popular as blazing it across the rear window of a vehicle, the Council may be cutting off its nose to spite its face. MR. HAROLD MEYERMAN, Chairman of the Palm Springs Art Museum (PSAM), stated he assumed the Council was aware it would be discussing a possible annex of the PSAM in Palm Desert. He noted Director of the Palm Springs Art Museum Steve Nash and Trustee Ed Monarch were present as well. He said this matter had been discussed with their Board and had obtained support to proceed, which obviously was conditional upon a number of issues that need to be developed and decided. He said they've looked at various plans over the years to move to the eastern part of the Valley, including Indian Wells, but those plans were put on hold because of the economy. They are excited to discuss this matter because the City visibly supported the arts, most notably through quality sculptures along EI Paseo and elsewhere, stating it was important for them to think of a joint venture with the City. He said the PSAM reached out to all the various communities; admission was up from 70,000 four years ago to 150,000 this year; it handled 7,000 students four years ago and it was up to 45,000; and membership had increased significantly. From their perspective, combining the resources and interest from the City of Palm Desert with the Art Museum in Palm Springs will be a wonderful opportunity for all concerned. The benefits will go beyond occupying a facility in Palm Desert, because it will provide cross-marketing opportunities with residents, neighboring cities, dining,tourism, shopping, and obviouslyadditional revenue,which had come about in Palm Springs in the last several years. He understood the City will have a reduction in overhead expenses if the Visitor Center is moved, but the Museum will incur significant expense for exhibitions and staffing, because they are committed to providing a first-class museum, and they cannot fail. They are 3 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2010 planning for significant exhibitions that will attract many people and have no doubt a successful program can be developed between the City and the Art Museum.The team is convinced that if they can make it work, they will look back one day and wonder what took so long. MR. STEVE NASH, Director of Palm Springs Art Museum, stated they were excited about creating a destination institution in Palm Desert, which will be a major magnet for art lovers, and a cultural tourism for the community and the entire lower valley. He said this was a key opportunity to expand its outreach educationally into the eastern end of the valley. He said it was also a great opportunity for Palm Desert to make something happen here, which was quite unique. Some of the programming they plan to create, if given the opportunity, is a museum program that is comparable to any one of its size in the nation. Their exhibitions are of the highest quality artwork that includes paintings,sculptures, photography,art classes, fashion, and it will cover a whole range of art materials, media, and themes. He said they will organize community days where they would have weekend days devoted to family, children, and adult activities, drop-in weekend sessions where people will be able to view videos, films, and art instruction/education. He said education was a key aspect of their program because they will be able to reach out to the schools in Palm Desert and beyond. They will also be setting up bus tours and docent programs where high school students will be part of a docent team that will specialize in this particular facility and also lead tours for school groups from the lower valley. Additionally, they will include a major sculpture garden, because the grounds at the Visitor Center are beautiful. They plan to be open six days a week with some evening hours for regular museum activities. He said the Museum will be a dynamic, active, and energetic institution that the City can be extremely proud. He believed the Museum will increase its visibility, attendance, and membership. They plan to workwith the Palm DesertArt In Public Places program,which already exists and go beyond. Councilman Kelly asked what was the proposed name for the complex. MR. NASH responded they have not thought of one yet, but they were in discussions with the City Manager. He agreed it was a key point for everyone involved. Councilman Kelly stated the name of the facility will be a challenge, because he believed it would have to be identified with the City of Palm Desert. MR. NASH stated there will be cost involved forstaffing, renovation of complex, cost of programs, and they plan to undertake a major fund-raising program in the fall to come up with the funding for the move. He made an invitation to the Council to visit the Palm Springs Art Museum, because it has been revolutionized, and that same energy and sense of quality could be focused here in Palm Desert. 4 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2010 MR. ED MONARCH, stated he was a resident of Indian Wells, Trustee of the Palm Springs Art Museum, and served as the Mayor of Indian Wells. He's worked many years with the PSAM on similar projects to bring some form or another of the Museum to the eastern part of the valley, and he believed the association with the City of Palm Desert was a natural fit. As trustee to the McCallum Theatre, he was aware of the City of Palm Desert's relationship with the McCallum Theatre and knew the great attributes it's brought to both parties. He said the Art Museum was in the top 50 of the most attended museums in the United States that had a nationwide reputation, which he was proud to be associated. He encouraged the Council as these matters progressed, because the endeavor will be great for both the east valley and the City of Palm Desert. He assured the Council it had the City of Indian Wells support in this development. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING THE WEEK OF JUNE 1 - 7, 2010, AS "INTERNATIONAL PICKLEBALL WEEK" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Finerty presented the proclamation to College of the Desert Instructor Tom Bannon. MR. BANNON stated that on behalf of the pickleball community and as the instructor of pickleball at College of the Desert, they appreciated the proclamation. B. PRESENTATION OF THE 2010 INLAND EMPIRE SECTION OF THE AMERICAN PLANNING ASSOCIATION'S GRASSROOTS INITIATIVE AWARD TO THE CITY OF PALM DESERT ART IN PUBLIC PLACES PROGRAM. Public Arts Coordinator Deborah Schwartz stated the Public Art Program for the City of Palm Desert won the 2010 Inland Empire Grassroots Award from the American Planning Association. She said it was unique to have an art program win this award, and she and Ms. Aylaian accepted the award last week, which was now being presented to the Council. Mayor Finerty accepted the award and stated the Council appreciated all the hard work. 5 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2010 C. APPOINTMENT OF PAMELA MARTIN TO THE CITY OF PALM DESERT BUILDING BOARD OF APPEALS & CONDEMNATION. Councilman Kelly moved to, by Minute Motion, concur with the recommendation of staff and appoint Ms. Pamela Martin to the Building Board of Appeals &Condemnation to fill Walter Pruter's vacancy(term 12/31/10). Motion was seconded by Spiegel and carried by a 4-0 vote, with Ferguson ABSENT. D. REQUEST FOR APPOINTMENT OF CITY DESIGNEE TO THE COACHELLA VALLEY ECONOMIC PARTNERSHIP BOARD (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Responding to question, Mayor/Chairman Finerty stated she didn't know if this was something Mayor Pro TemNice Chairman Ferguson wished to continue to serve on or not and thought Economic Development Manager Ruth Ann Moore would be a good candidate. Ms. Moore stated Mayor Pro TemNice Chairman Ferguson's term expired in October. She said cities have appointed councilmembers and staff to represent their city. She said this was a one-year term, and due to the reorganizing of the baard, thirteen positions will be for one year, and in the following years all positions will stagger on a finro-year basis. Councilman/Member Spiegel moved to, by Minute Motion, appoint Ruth Ann Moore as the City of Palm Desert representative to the Coachella Valley Economic Partnership Board. Motion was seconded by Benson and carried by a 4-0 vote, with Ferguson ABSENT. E. PRESENTATION from the Lincoln Elementary After School Program. Ms. Riddle presented a"Thank you" bannerthat was created bythe students that attend the Lincoln Elementary After School Program. The banner was a show of appreciation to the Council for their support of the program. Councilman Spiegel stated the principal from Lincoln Elementary School informed him that 86% of their students were in the poverty level income, so he believed this was a great program. 6 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2010 X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of May 13, 2010, and the Special Joint City Council, Redevelopment Agency, Housing Authority Meeting of April 30, 2010. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 231, 235, and 236. Rec: Approve as presented. C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months of February 2010 and March 2010 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Chicken Pie Factory, 77-932 Country Club Drive, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Dogo's, 36-901 Cook Street, Suite 1, Palm Desert. Rec: Receive and file. F. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Parks & Recreation Commission Meeting of May 4, 2010. 2. Public Safety Commission Meeting of March 29, 2010. Rec: Receive and file. G. LETTER OF RESIGNATION from Robert Duncan — Citizens' Advisory Committee for Project Area No. 4. Rec: Receive with very sincere regret. 7 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2010 H. REQUEST FOR ADOPTION of City Council Resolutions, Setting Forth Its Findings and Authorizing the Destruction of Files from the Department of Building & Safety that Have Been Digitally Imaged. Rec: Waive further reading and adopt Resolution Nos.: 1) 2010 - 28 - December 2009 Records; 2) 2010 - 29 - January 2010 Records; 3) 2010 - 30 - February 2010 Records; 4) 2010 - 31 - Closed Investigations - Set Number Four. I. RESOLUTION NO. 2010-32-A Resolution of the City Council of the City of Palm Desert, California, Setting Forth Its Findings and Authorizing the Destruction of Files from Code Compliance that Have Been Digitally Imaged (Files Dated 2006). Rec: Waive further reading and adopt. J. REQUEST FOR AUTHORIZATION to Streamline the Use of Various Vendors and Qualified Service Providers by Approving the Abatement Services Vendors List and Granting Exception to Bidding Requirements as Provided for by Section 3.32.090 of the Palm Desert Municipal Code for Fiscal Years 2009-2010 and 2010-2011. Rec: By Minute Motion: 1) Approve of and authorize staff to use vendors specified on the Abatement Services Vendors List as provided in the accompanying staff report;2)grant exception to bidding requirements as provided for by Section 3.32.090 of the Palm Desert Municipal Code for Fiscal Years 2009-2010 and 2010-2011 for the Abatement Services Vendors List. K. REQUEST FOR AUTHORIZATION to Solicit Bids for the Miscellaneous Drainage Project and the Traffic Signal System Interconnect Project. Rec: By Minute Motion, authorize staff to solicit bids for: 1) Miscellaneous Drainage Project (Contract No. C29750, Project No. 520-05); 2) Traffic Signal System Interconnect Project (Contract No. C29760, Project No. 553-99). 8 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2010 L. REQUEST FOR APPROVAL of a One-year Extension of Contract with CleanStreet in the Amount of $20,280 for City-maintained Parking Lot Sweeping Services for Fiscal Year 2010-2011 and Authorize Appropriations from Business Improvement District Reserve Funds(Contract No. C28841). Rec: By Minute Motion: 1) Approve a one-year extension of the subject contract with CleanStreet, Gardena, California, in the amount of $20,280($1,690/month)for City-maintained Parking Lot Sweeping for FY 2010-2011; 2) appropriate $2,152 from the Unobligated Reserve Fund Collection in Fund 277; 3) appropriate $3,129 from the Unobligated Reserve Fund Collection in Fund 282; 4) authorize the Mayor to execute the agreement. Upon a motion by Kelly, second by Spiegel, 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 None XIII. ORDINANCES For Introduction: None For Adoption: None 9 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2010 XIV. NEW BUSINESS A. REQUEST FOR RATIFICATION OF CONTRACTS WITH TRI COUNTY COMPANY AND CLOUDBURST ENGINEERING IN AN AMOUNT NOT TO EXCEED $52,253.35 FOR REPAIR OF WELL NO. 1 AT THE DESERT WILLOW GOLF RESORT. Councilman Kelly stated he suspected if the well wasn't fix,there wouidn't be any water or choice in the matter, and on that basis he would move for approval. Councilman Kelly moved to, by Minute Motion: 1) Ratify a contract with Tri County Pump Company, San Bernardino,:California, in an amount not to exceed $43,412.40 for repairs to Well No. 1 at Desert Willow Golf Resort (Contract No. C29770A ; 2) ratify a contract with Cloudburst Engineering, Palm Desert, California, in an amount not to exceed $8,840.95 for the motor repair associated with Well No. 1 at Desert Willow Golf Resort (Contract No. C29770B); 3) appropriate $52,253.35 from the Golf Course Maintenance Account, No. 241-4195-495-8092 for this purpose. Motion was seconded by Spiegel and carried by a 4-0 vote, with Ferguson ABSENT. B. REQUEST FOR REVIEW AND APPROVAL OF OUTSIDE AGENCY FUNDING (CHARITABLE CONTRIBUTIONS) FOR FISCAL YEAR 2010-2011. Councilman Spiegel stated he was sorry that Ronald Reagan School didn't request funds. Mayor Finerty responded the City was told they didn't want any money. Councilmember Benson thanked the committee for stepping up with the Historical Society and Sister City Program, which are both vital to the City of Palm Desert programs. They are not non-profits organizations, but operate as such and do a lot to foster relationships within the City and Sister City. Councilman Spiegel stated Shelterfrom the Storm will lose almost$1 million from the State, so whatever can be done will be appreciated. Councilman Spiegel moved to, by Minute Motion: 1)Approve the award of charitable contributions totaling$221,000 to the agencies listed in the accompanying staff report,with associated restrictions and conditions; 2) authorize the Mayorto execute the Agreements with said agencies for the awarded funding. Motion was seconded by Kelly and carried by a 4-0 vote, with Ferguson ABSENT. 10 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2010 C. CONSIDERATION OFTHE INITIATION OF PROCEEDINGS TO LEVY THE ANNUAL ASSESSMENT FOR FISCAL YEAR 2010-2011 FOR THE CITY OF PALM DESERT BENEFIT ASSESSMENT DISTRICT NO. 1. Councilman Spiegel moved to waive further reading and adopt Resolution No. 2010-33, declaring intention to levy the annual assessment for Fiscal Year 2010-2011 for the City of Palm Desert Benefit Assessment District No. 1 pursuant to the Benefit Assessment Act of 1982, and appointing a time and place for the public hearing on these matters. Motion was seconded by Kelly and carried by a 4-0 vote,with Ferguson ABSENT D. CONSIDERATION OFTHE INITIATION OF PROCEEDINGS TO LEVY AND COLLECT ANNUAL ASSESSMENTS FOR THE PALM DESERT CONSOLIDATED LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2010-2011, AND TO GRANT PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT FOR THE CONSOLIDATED PALM DESERT LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2010-2011. Councilmember Benson moved to waive further reading and adopt: 1) Resolution No. 2010-34, initiating the proceedings for the levy and collection of annual assessments for the Palm Desert Consolidated Landscape and Lighting District for FY 2010-2011; 2) Resolution No. 2010 - 35, declaring the intent to levy and collect annual assessments forthe Palm Desert Consolidated Landscape and Lighting District,and granting preliminary approval of the Engineer's Report for FY 2010-2011. Motion was seconded by Spiegel and carried by a 4-0 vote, with Ferguson ABSENT. E. REQUEST FOR APPROVAL OF THE USE OF SPECIFIC AUTOMOTIVE FACILITIES FOR SUPPLEMENTAL GENERAL FLEET REPAIRS FOR FISCAL YEAR 2010-2011 IN AN AMOUNT NOT TO EXCEED $100,000 FROM OZZIE'S AUTOMOTIVE, INC., AS THE PRIMARY SOURCE AND HILLTOP AUTOMOTIVE AS THE ALTERNATIVE SOURCE. Responding to question, Mr. Greenwood said this request was opened up to all the local mechanics near the Corporation Yard. Councilman Spiegel moved to, by Minute Motion, approve the use of specific automotive facilities for supplemental general fleet repairs for FY 2010-2011 in an amount not to exceed $100,000 from Ozzie's Automotive, Inc., Palm Desert, California, as the primary source and Hilltop Automotive, Palm Desert, California, as an alternative source— funds are budgeted in General Fund Account No. 110-4331-413-3340 - Repairs and Maintenance-Motor Vehicle Fleet. Motion was seconded by Kelly, and carried by a 4-0 vote, with Ferguson ABSENT. 11 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2010 F. REQUEST FOR APPROVAL OF THE PURCHASE OF GAS AND DIESEL FUEL FROM KENNY STRICKLAND, THE SOCO GROUP, INC., AND LEE ESCHER OIL CO., INC., FOR FISCAL YEAR 2010-2011 IN AN AMOUNT NOT TO EXCEED $125,000. Councilmember Benson moved to, by Minute Motion, approve the purchase of gas and diesel fuel from Kenny Strickland, Coachella, California; The SoCo Group Inc., Carlsbad, California; and Lee Escher Oil Co. Inc., Coachella, California,for FY 2010-2011 in an amount not to exceed $125,000 — funds are budgeted in General Fund Account No. 110-4331-413-2170-Auto Fleet Supply-Auto Gas. Motion was seconded by Kelly and carried by a 4-0 vote, with Ferguson ABSENT. G. REQUEST FOR ADOPTION OF THE NEGATIVE DECLARATION AND AUTHORIZATION TO EXECUTE THE NOTICE OF DETERMINATION FOR THE FREE RIGHT-TURN LANE FROM FRED WARIIVG DRIVE TO HIGHWAY 111 (PROJECT NO. 658-08). Responding to question, Mr. Greenwood confirmed there were funds in the budget for this project. Councilman Spiegel moved to, by Minute Motion, adopt the Negative Declaration (ND) and authorize the Director of Public Works to execute and file the Notice of Determination (NOD) with the County Clerk and the Governor's Office of Planning and Research forthe Free Right-turn Lane from Fred Waring Drive to Highway 111 (Project No. 658-08)—funds are available in Measure"A"Account No.213-4384-433-4001 -Right Turn Lane-Fred Waring Drive to Highway 111 — no General Fund money is being used for this expenditure. Motion was seconded by Kelly and carried by a 4-0 vote, with Ferguson ABSENT. H. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 1 TO PINNACLE LANDSCAPE COMPANY, INC., IN THE AMOUNT OF $87,948, AND INCLUDE REPAIR WORK AND SERVICES AT THE SPECIFIED CONTRACT AMOUNT NOT TO EXCEED 20% OF THE CONTRACT (CONTRACT NO. C29480, PROJECT NO. 901-10). Councilman Spiegel questioned whether a company in Santa Ana can do the job for less than a local company. Landscape Manager Spencer Knight responded the company seemed to think so. Further responding, he said the company met the minimum contract specifications, and they have a presence in Palm Desert; therefore, would hire local workers. 12 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2010 Councilman Spiegel moved to, by Minute Motion: 1)Award the subject contract for Landscape Maintenance Area No. 1 to Pinnacle Landscape Company, Inc., Santa Ana, California, in the amount of$87,948; 2) include repair work and services at the specified contract amount, not to exceed 20%of the contract amount(or$17,590); 3) authorize the Mayor to execute the Contract — funds are available in General Fund Account No. 110-4614-453-3370 - Repair/Maintenance Medians. Motion was seconded by Kelly and carried by a 4-0 vote, with Ferguson ABSENT. I. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 2 TO PINNACLE LANDSCAPE COMPANY, INC., IN THE AMOUNT OF $79,596, AND INCLUDE REPAIR WORK AND SERVICES AT THE SPECIFIED CONTRACT AMOUNT NOT TO EXCEED 20% OF THE CONTRACT (CONTRACT NO. C29490, PROJECT NO. 902-10). Councilman Spiegel moved to, by Minute Motion: 1)Award the subject contract for Landscape Maintenance Area No. 2 to Pinnacle Landscape Company, Inc., Santa Ana, California, in the amount of$79,596; 2) include repair work and services at the specified contract amount, not to exceed 20%of the contract amount(or$15,919); 3)authorize the Mayor to execute the Contract — funds are available in General Fund Account No. 110-4614-453-3370 - Repair/Maintenance Medians. Motion was seconded by Kelly and carried by a 4-0 vote, with Ferguson ABSENT. J. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 6 TO PINNACLE LANDSCAPE COMPANY, INC., IN THE AMOUNT OF $93,852, AND INCLUDE REPAIR WORK AND SERVICES AT THE SPECIFIED CONTRACT AMOUNT NOT TO EXCEED 20% OF THE CONTRACT (CONTRACT NO. C29510, PROJECT NO. 906-10). Responding to question, Landscape Manager Spencer Knight said Andy's Landscape did not qualify one of their licenses that's required to apply pesticides, but they could have qualified if they had submitted a subcontractor at the time of the bid opening, but they didn't. Further responding, he said staff are experts at monitoring new contracts. Councilman Spiegel moved to, by Minute Motion: 1) Deem the lowest bid from Andy's Landscape, Palm Desert, California, as non-responsive; 2) award the subject contract for Landscape Maintenance Area No. 6 to Pinnacle Landscape Company, Inc., Santa Ana, California, in the amount of$93,852; 3) include repair work and services at the specified contract amount, not to exceed 20% of the contract amount (or $18,770); 4) authorize the Mayor to execute the Contract — funds are available in General Fund Account No. 241-4195-495-3320 - Desert Willow. Motion was seconded by Kelly and carried by a 4-0 vote, with Ferguson ABSENT. 13 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2010 K. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 7 TO PINNACLE LANDSCAPE COMPANY, INC., IN THE AMOUNT OF $65,160, AND INCLUDE REPAIR WORK AND SERVICES AT THE SPECIFIED CONTRACT AMOUNT NOT TO EXCEED 20% OF THE CONTRACT (CONTRACT NO. C29520, PROJECT NO. 907-10). Councilman Spiegel moved to, by Minute Motion: 1)Award the subject contract for Landscape Maintenance Area No. 7 to Pinnacle Landscape Company, Inc., Santa Ana, California, in the amount of $65,160; 2) include repair work and services at the specified contract amount, not to exceed 20% of the contract amount(or$13,032); 3)authorize the Mayor to execute the Contract — funds are available in their respective Landscape and Lighting Assessment District Accounts. Motion was seconded by Kelly and carried by a 4-0 vote, with Ferguson ABSENT. L. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 9 TO MERCHANTS LANDSCAPE SERVICES, INC., IN THE AMOUNT OF$141,960,AND INCLUDE REPAIR WORK AND SERVICES AT THE SPECIFIED CONTRACT AMOUNT NOT TO EXCEED 20% OF THE CONTRACT (CONTRACT NO. C29530, PROJECT NO. 909-10). Councilman Kelly moved to, by Minute Motion: 1) Award the subject contract for Landscape Maintenance Area No. 9 to Merchants Landscape Services, Inc., Palm Springs, California, in the amount of$141,960; 2) include repairwork and services atthe specified contract amount, not to exceed 20% of the contract amount(or$28,392); 3) authorize the Mayor to execute the Contract — funds are available in General Fund Account No. 110-4614-453-3370-Repair/Maintenance Medians. Motion was seconded by Spiegel and carried by a 4-0 vote, with Ferguson ABSENT. M. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 16 TO VWTAGE ASSOCIATES, INC., IN THE AMOUNT OF $116,400, AND INCLUDE REPAIR WORK AND SERVICES AT THE SPECIFIED CONTRACT AMOUNT NOT TO EXCEED 20% OF THE CONTRACT (CONTRACT NO. C29540, PROJECT NO. 916-10). Councilman Spiegel moved to, by Minute Motion: 1)Award the subject contract for Landscape Maintenance Area No. 16 to Vintage Associates, Inc., Bermuda Dunes, California, in the amount of$116,400; 2) include repair work and services at the specified contract amount, not to exceed 20% of the contract amount(or$23,280); 3) authorize the Mayor to execute the Contract — funds are available in General Fund Account No. 110-4611-453-3320 - Repair/Maintenance Landscaping Services, and Account No. 110-4611-453-3371 - Tri-Cities Sports Facility. Motion was seconded by Kelly and carried by a 4-0 vote, with Ferguson ABSENT. 14 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2010 N. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 17 TO KIRKPATRICK LANDSCAPING SERVICES, INC., IN THE AMOUNT OF$138,696,AND INCLUDE REPAIR WORK AND SERVICES AT THE SPECIFIED CONTRACT AMOUNT NOT TO EXCEED 20% OF THE CONTRACT (CONTRACT NO. C29550, PROJECT NO. 917-10). Councilman Spiegel moved to, by Minute Motion: 1)Award the subject contract for Landscape Maintenance Area No. 17 to Kirkpatrick Landscaping Services, Inc., Indio, California, in the amount of$138,696; 2) include repair work and services at the specified contract amount, not to exceed 20%of the contract amount(or$27,739); 3)authorize the Mayor to execute the Contract — funds are available in General Fund Account No. 110-4610-453-3320 - Repair/Maintenance Landscaping Service, and Account No. 110-4611-453-3320 - Repair/Maintenance Landscaping Service. Motion was seconded by Kelly and carried by a 4-0 vote, with Ferguson ABSENT. O. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA N0. 18 TO SIERRA LANDSCAPE COMPANY, INC., IN THE AMOUNT OF $50,112, AND INCLUDE REPAIR WORK AND SERVICES AT THE SPECIFIED CONTRACT AMOUNT NOT TO EXCEED 20% OF THE CONTRACT (CONTRACT NO. C29560, PROJECT NO. 918-10). Councilman Kelly moved to, by Minute Motion: 1) Waive non-substantial bid irregularity and award the subject contract for Landscape Maintenance Area No. 18 to Sierra Landscape Company, Inc., Palm Desert, California, in the amount of $50,112; 2) include repair work and services at the specified contract amount, not to exceed 20% of contract amount(or$10,022); 3) authorize the Mayor to execute the Contract—funds are available in General Fund Account No. 110-4611-453-3320 - Repair/Maintenance Landscaping Service. Motion was seconded by Spiegel and carried by a 4-0 vote, with Ferguson ABSENT. P. REQUEST FOR AWARD OF CONTRACT FOR DESIGN SERVICES — FRED WARING DRIVE AND MONTEREY AVENUE IMPROVEMENT PROJECT — TO KIMLEY-HORN AND ASSOCIATES, INC., IN THE AMOUNT OF $271,200 (CONTRACT NO. C29780). Councilman Spiegel moved to, by Minute Motion: 1)Award the subject contract for design services for the Fred Waring Drive and Monterey Avenue Improvement Project to Kimley-Horn and Associates, Inc., Riverside, California, in the amount of $271,200; 2) authorize the Mayor to execute the subject agreement — funding is available in Account No. 213-4383-433-4001 - Fred Waring Drive and Monterey Avenue Turn Pockets — no General Fund money is being used for this expenditure. Motion was seconded by Kelly and carried by a 4-0 vote, with Ferguson ABSENT. 15 PRELIMINARY MINUTES DR/-�FT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2010 XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT, ADDING CHAPTER 25.130-LOCATION OF MISCELLANEOUS USES-TO THE PALM DESERT MUNICIPAL CODE Case No. ZOA 10-69 (City of Palm Desert, Applicant). Councilman Spiegel stated he had a conflict of interest and recused himself and left the Council Chamber. MS. CARLA LYTLE, Owner of Body Accents, Highway 111, Palm Desert, stated she owned a body tattoo and body piercing business and has conducted her business with a proud attitude in the City of Palm Desert for two decades. As a businesswoman, she didn't like the idea of a lot of competition and would like to be the only business on Highway 111; however, she realized that would be unfair. She said several things bothered her about the Ordinance relating to State law. State law states that permanent cosmetics and tattooing are the same thing, which is applying pigment beneath the skin. The City was attempting to separate permanent cosmetics from tattooing when essentially it was the same thing according to the State of California,which was herfirst concern. Secondly, categorizing her business as Miscellaneous Use and stating it didn't fit the upscale resort community of Palm Desert. She said her tattoo and body piercing studios were upscale, and while there are some that give the image of the old school bikers' attitude or gang feeling, most do not run their business that way. Many are upscale with real art displayed on the walls. She said her customers walked in from EI Paseo and all over the valley. In fact, she had just tattooed a lady from Cathedral City, even though there are tattoo studios in Cathedral City, but this lady felt more comfortable in her studio because she was recommended by her friends. She said her customers came from all over the world, because they come to an upscale area and receive upscale artwork. She said tattooing had changed, and it was now very mainstream. She said people came to the City not only to enjoy the beauty of Palm Desert and to shop on EI Paseo, but also to get tattooed or pierced. She noted a tattoo was not an inexpensive proposition, because an average tattoo can cost $200, which was equal to purchasing a purse on EI Paseo. She didn't appreciate the City categorizing tattoo and piercing parlors as if they were bad. She was also opposed to the City attempting to separate permanent cosmetics and tattoos, because according to the Health and Safety Code, they were one and the same. Additionally, she said anyone can open up a permanent makeup facility and still do tattoos. 16 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2010 MR. RONALD SHARP, Owner of 111 Tattoo Studio, Highway 111, Palm Desert, stated he hoped to defuse the stereotype of tattoo artists and people associated with them. He thought about appearing before the Council in a suit and tie to try to impress the Council with his charm and good looks, but he decided to just be real. He brought his two children to the City Council meeting and stated his daughter performed at the open call at the McCallum Theatre and his son was a piano virtuoso at the Steinway Foundation. When he came to Palm Desert in 1999, Palm Desert wasn't his first choice, but he thought it was a good place to raise his children and do his artwork. He said by the grace of God he moved here and was hired by Ms. Lytle, whom he worked for a long time. However, he stopped tattooing and started another business conducting smog tests for the Environmental Protection Agency for the Government, but he decided to return to tattooing. He said the landlords trusted him enough to open up a tattoo shop in their building, and he's been working in that building for thirteen years. He said if other shops are not allowed on Highway 111 or EI Paseo, he will have enough work to continue, but his landlord started being a little different prior to this whole Ordinance and asked him to take signs down and is not fixing the water problems. He wondered whether he will be able to move across the street or will his landlord be able to raise his rent. He said he didn't want another shop to open up on the street, but it was America and others should be allowed to open up business. Mr. Erwin noted the issue about being able to move or relocate was previously raised, and the Ordinance included a provision that allowed existing businesses to expand, reduce, move, or relocate to certain areas. Councilmember Benson asked if the proposed Ordinance applied to new businesses only. Mr. Erwin answered yes, stating existing tattoo parlors can expand, reduce, move, or relocate. Councilmember Benson stated she wanted to make sure existing owners knew the proposed Ordinance didn't apply to them. Mayor Finerty concurred, stating it was Council's direction. Councilman Kelly stated he didn't have a tattoo or any intentions of having one and was appreciative his children didn't have them as well. Additionally, he's never had a massage. However, he recognized that society out there was different from his philosophy about tattoos, and it didn't view things the same way, but tattoos didn't have a good image, right or wrong. However, he respected people's freedom of choice. He said if people wanted to have a tattoo or sky dive, he didn't care as long as they didn't land on his home. He didn't know how this item got placed on the agenda to begin with, but the 17 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2010 City spent thousands of dollars to create a better image in the City of Palm Desert and the result of having this tattoo item on the agenda had caused thousands of dollars in negative advertising. He said The Desert Sun was more than willing to sell tattooing by having it on the front page, "Tattoos in Palm Desert." The newspaper didn't say anything about the other stores involved, and if the City was not going to have tattoo shops on EI Paseo and Highway 111, he wondered where they would be allowed. He said if the Council chose Gateway or University Park, the students can walk across the street from the University to have a tattoo if allowed there. He had a problem with this whole matter being brought up, because he believed people should have the freedom to use their property as they see fit. He said if the Council ran a well-run City and the cost of doing business in Palm Desert had to be a high-scale retail organization, then that's the way it ought to do it, but as far as he was concerned, the Council had tattooed the City of Palm Desert with a black eye. Councilmember Benson disagreed with Councilman Kelly's comments, because years ago she recalled how the Council used to beat up on Cathedral City for their image and the kinds of stores they had along the main street going through, which was Highway 111, and they cleaned up their act. She believed five tattoo parlors on Highway 111 were enough and the proposed Ordinance was fair to those who had chosen to conduct business in Palm Desert and they are welcomed. She said other cities in the Coachella Valley have certain places for them, but she didn't think Palm Desert needed to have them all in one area. She had requested the Ordinance to be modified to protect existing businesses and allow them to relocate or remain so they wouldn't be gauged by their landlord, which was a problem on Highway 111. She said the landlords didn't fix the buildings up and they looked crappy, yet they try to raise the rent on the tenants. She said the City should have an ordinance to obligate the landlords to do something to make the front of the building look better, but as it stood, the City didn't have any control over them fixing the building. She said the proposed Ordinance was one way of controlling the appearance of Highway 111, because a lot of money is spent on the City's image. She too did not have a tattoo, yet some of her family members did, but if they choose to have one, they won't visit her. Mayor Finerty concurred with Councilmember Benson in that she didn't have a tattoo or have any intentions of having one. She believed the five businesses on Highway 111 in such a small area of Palm Desert was enough. She said the way this matter came to her attention was from constituents that asked her to look at the area between San Luis Rey and Portola Avenue and the image being created there. As a result of that, the Planning Commission was asked the same question and went out and looked at it. The Commission thought that perhaps a change in the Ordinance was possible and it's gone through the process as required. She 18 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2010 believed if Palm Desert was going to be a resort destination,the main streets which are Highway 111 and EI Paseo need to look like a resort destination. It was her opinion that tattoo establishments did not add to a resort destination and five of them in one area was enough. At the last public hearing, the Council listened to the public testimony and heard the concerns about existing businesses not being able to expand, reduce, or relocate, and landlords raising the rents. She said the Council continued the item to address the concerns and believed the proposed Ordinance was a good Ordinance that was in the best interest of the City. Councilmember Benson moved to waive further reading and pass Ordinance No. 1213A to second reading, approving a Zoning Ordinance Amendment to add Chapter 25.130 - Location of Miscellaneous Uses - to the Palm Desert Municipal Code. Motion was seconded by Finerty and received a NO ACTION, with Benson and Finerty voting AYE, Kelly voting NO, and Ferguson and Spiegel ABSENT. Mr. Erwin noted an Ordinance required three affirmative votes;therefore,the motion did not pass. He said the item may be continued to the next regular meeting or removed from the agenda and placed back when the Council desired. Councilmember Benson moved to continue the matter to the meeting of June 10, 2010. Motion was seconded by Finerty and carried by a 2-1 vote, with Kelly voting NO, and Ferguson and Spiegel ABSENT. XVI1. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL OF A DECISION BY THE CITY MANAGER AND PERMIT ADMINISTRATOR, REVOKING A MASSAGE ESTABLISHMENT PERMIT FOR AC MASSAGE —SUBJECT PROPERTY LOCATED AT 72-855 FRED WARING DRIVE, SUITE C-16 Massape Establishment Permit No. 08-46021 (Lawrence Andrews, Appellant). Mayor Finerty noted that Councilman Spiegel would not be present for the two public hearing items on the agenda due to a conflict of interest with massage establishments. Assistant Planner Kevin Swartz stated at the February 11, 2010, City Council Meeting,the Council directed thatthe appeal be referred to a Hearing officer. On April 28, 2010, the appeal was heard and reviewed by the Hearing Officer. On May 5, 2010, the Hearing Officer recommended the massage establishment permit for AC Massage be revoked. Attached to the staff report was a copy of the Hearing Officer's findings. The attorney for the Applicant resubmitted a letter for reconsideration of the Hearing Officer's decision. He concluded his report and stated that any questions will be addressed by the City Attorney. 19 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2010 Mayor Finerty declared the public hearing open and invited the Appellant to speak on this matter. MR. JOSEPH T. VODNOY, Attorney for the Appellant, Los Angeles, California, stated he submitted a written response with regards to Arguments In Support of Permittee's Request for Reconsideration of the Hearing Officer's Decision,which is on file and of record in the office of the City Clerk. He stated he wished to make some key points, because his letter was quite comprehensive. First he asked the Council whether they would rely upon a person's memory of what happened or a tape recording, because in this case there was a tape recording of exactly what was said. He tried for months to get the tape from the City without success, but finally obtained it from the District Attorney's office just prior to the hearing. He said the tape consisted of the undercover officer who led himself inside the location. Secondly, it had officer's outside commenting on whatwas happening inside, and at the end of the tape there was an interview with the technician herself. When the text became available, he provided it to the Hearing Officer, the City Attorney, and all interested parties. When he requested the tape recording, he had no way of knowing what would be on it, which could have provided incriminating information against AC Massage, but the recordings exonerate his client, and it was crystal clear that no prosecution occurred. However, the establishment was already closed, because there was an allegation that the prosecution had occurred as stated in the notice from the City Attorney, which was posted on the wall. He said the hearing officer concluded there was no prosecution based on the tape recordings. He said part of the tape was total silence with no indication that the officer was being touched or what was occurring. He said there was simply a discussion of "how much, how much," but there was no answer. Finally, toward the end of the tape, the officer asked "is this for free." He said this was a situation that was not supported by the best evidence possible, which was the tape recording. He said the Hearing Officer said the undercover officer's testimony was uncontradicted, which he disagreed. First of all, the Officer provided a hearsay statement, which he objected. Additionally, the Officer did not present himself for cross-examination. He said Ms. Kong, who was the massage technician, denied all the charges. He was not able to call her as a witness because, her Counsel, Mr. Jimenez didn't want her to lose her fifth amendment right priorto her criminal case, which was still pending. He said one was left to wonder if a tape recording was the best evidence, and why no one at the City was willing to provide it. He also questioned why drinking alcohol at 11:00 in the morning part of an investigation. He said if this was a ruse, why wasn't it in the police report. In summary, he said the Hearing Officer's opinion was based on inadmissable hearsay, which he believed to be an illegal recommendation. With no further testimony offered, Mayor Finerty closed the public hearing. 20 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2010 Councilman Kelly moved to waive further reading and adopt Resolution No. 2010 - 36,approving the findings and recommendation of the Hearing Officerto revoke an existing Massage Establishment Permit forAC Massage—revocation being for noncompliance with Section 5.87.180(B)(4) of the Palm Desert Municipal Code by operating in an illegal or disorderly manner, by virtue of an arrest. Motion was seconded by Benson and carried by a 3-0 vote, with Ferguson and Spiegel ABSENT. B. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DECISION TO REV�KE AN EXISTING CONDITIONAL USE PERMIT(CUP) FOR ANNA'S HEALTH SYSTEM, A MASSAGE THERAPY ESTABLISHMENT LOCATED IN THE PALMS TO PINES WEST SHOPPING MALL AT 72-655 HIGHWAY 111, SUITE B-7 Case No. CUP 08-108 (Chun Hua Deng / Todd Hill, Applicants/Appellants). Mayor Finerty noted that Councilman Spiegel would not be present for the two public hearing items on the agenda due to a conflict of interest with massage establishments. Associate Planner Kevin Swartz stated on May 16, 2010, the Planning Commission held a public hearing to revoke Conditional Use Permit (CUP) 08-108. On March 25, 2010, the Applicant appealed the Planning Commission's decision for revocation, requesting a modification to the CUP that would allow the owner to be the sole operator without employees. On April 22, 2010, the Council referred the appeal to a Hearing Officer. On May 10, 2010, the Hearing Officer heard the appeal, and during the hearing the Applicant requested that the CUP be modified to eliminate the possibility of future employees working on site rather than revoking the CUP entirely, which would close the business. The Hearing Officer found that Anna's Health System was in violation of the conditions of approval of the CUP. The violations included not having a valid massage establishment permit, a violation of the Palm Desert Municipal Code, and operating in a disorderly and unlawful manner. The Hearing Officer recommended that the CUP be permanently revoked and that the request for modification of the CUP authorizing one employee be denied. Attached to the staff report was a copy of the Hearing Officer's findings. He offered to answer any questions. Mayor Finerty declared the public hearing open and invited testimony from the Applicant or anyone wishing to speak on the matter. With no testimony offered, she declared the public hearing closed. Councilman Kelly moved to waive further reading and adopt Resolution No. 2010 - 37, approving the findings and recommendation of the Hearing Officer to revoke existing CUP 08-108 for Anna's Health System Massage Establishment, and that the request for modification of the CUP authorizing one employee be denied due to violations of the Palm Desert Municipal Code. Motion was seconded by Benson and carried by a 3-0 vote, with Spiegel and Ferguson ABSENT. 21 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2010 XVII1. REPORTS AND REMARKS A. CITY MANAGER Mr. Wohlmuth stated he received a notice from the City's Legislative Advocate Anthony Gonsalves on Senate Bill 625. He said Senate Bill 625 was gutted and amended to address the Transient Occupancy Tax (T.O.T.)/online administrative fee. He said the City had been fighting the online reservation hotels,which are not fully funding the T.O.T. He prepared a summary of what's happening and a letter of opposition. He has scheduled a meeting with Assemblyman Brian Nestande who is on the Assembly Revenue and Taxation Committee to discuss this matter. He wished to inform the Council that it will be opposing Senate Bill 625 for any attempt to take some of the City's T.O.T. Responding to question, he said no official action was necessary, because the letter would be sent with the City Manager's signature. Mayor Finerty stated it seemed the online hotels were trying to get their foot in the door to further manage their unmanageable budget on the backs of the cities. Mr. Wohlmuth agreed, stating he was concerned that online reservations at hotels were an increasing percentage of the hotel bookings and the numbers will increase. Councilman Kelly suggested adding this matter to the Agenda and take action to approve the letter. Mr. Wohlmuth agreed. Councilman Kelly moved to add Consideration on Action on Senate Bill 625(Wright) to the Agenda. Motion was seconded by Benson and carried by a 4-0 vote, with Ferguson ABSENT. 1. CONSIDERATION on Action on Senate Bill 625 (Wright): Transient Occupancy Tax Collection. Responding to question, Mr. Wohlmuth said a letter will also be sent to members of the Assembly Revenue and Taxation Committee. Councilman Kelly moved to, by Minute Motion, mail letters of opposition on Senate Bill 625 (Wright) to California State Assemblyman Brian Nestande and the Assembly Revenue and Taxation Committee. Motion was seconded by Benson and carried by a 4-0 vote, with Ferguson ABSENT. 22 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2010 B. CITY ATTORNEY None C. CITY CLERK 1. City Council Study Session - Thursday, June 10, 2010, at 2:00 p.m., Administrative Conference Room - Joslyn Center Long-range Plan. Ms. Mendoza noted the reminder for the upcoming Study Session at the Joslyn Center. Councilmembers so noted the date D. PUBLIC SAFETY o Fire Department None o Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: None o City Council Consideration of Travel Requests and Reports: None o City Council Committee Reports: None 23 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2010 o City Councii Comments: None XIX. ADJOURNMENT Upon a motion by Benson, second by Spiegel, and 4-0 vote of the City Council, with Ferguson ABSENT, Mayor Finerty adjourned the meeting at 5:12 p.m. CINDY FINERTY, MAYOR ATTEST: GRACE L. MENDOZA, DEPUTY CITY CLERK CITY OF PALM DESERT, CALIFORNIA 24