HomeMy WebLinkAboutPrelim CC - 03/11/10 DRq►FT
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, MARCH 11, 2010
CIVIC CENTER COUNCIL CHAMBER
73510 FRED WARING DRIVE, PALM DESERT, CA 92260
I. CALL TO ORDER - 3:00 P.M.
Mayor Finerty convened the meeting at 3:00 p.m.
II. ROLL CALL
Present: �
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
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
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
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REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2010
IV. ADJOURN TO CLOSED SESSION
Reauest 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
Conference with Labor Negotiator pursuant to Government Code
Section 54957.6:
Negotiating Parties: John M. Wohlmuth/City of Palm Desert
Upon a motion by Ferguson, second by Kelly, and 5-0 vote of the City Council,
Mayor Finerty adjourned the meeting to Closed Session at 3:00 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 - Councilman Richard S. Kelly
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REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2010
VIII. ORAL COMMUNICATIONS - B
None
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
None
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of February 25, 2010.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 180 and 181.
Rec: Approve as presented.
C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months
of December 2009 and January 2010 (Joint Consideration with the
Palm Desert Redevelopment Agency).
Rec: Receive and file.
D. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Audit, Investment & Finance Committee Meetings of December 22,
2009, and January 26, 2010.
2. Marketing Committee Meeting of January 26, 2010.
Rec: Receive and file.
E. LETTER OF RESIGNATION from Steve Koffler-Rent Review Commission.
Rec: Receive with very sincere regret.
F. REQUEST FOR DECLARATION of Surplus Property and Disposal
Authorization — Miscellaneous Computer and Electronic Office Equipment.
Rec: By Minute Motion, declare items listed on the accompanying staff
report's Exhibit "A" as surplus property and authorize disposal as
appropriate.
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REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2010
G. REQUEST FOR DECLARATION of the City of Palm Desert's 1972 Oshkosh
Snorkel Reserve Fire Truck as Surplus and Authorize Disposal.
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
H. REQUEST FOR APPROVAL of Contract with StateNet for Legislative and
Regulatory Reporting Services (Contract No. C29630).
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
I. REQUEST FOR AUTHORIZATION to Purchase Custom-blend Liquid
Fertilizers for the Desert Willow Golf Resort from Floratine California in an
Amount Not to Exceed $48,352.
Rec: By Minute Motion, authorize the purchase of custom-blend liquid
fertilizers from Floratine California, Phoenix, Arizona, in an amount
not to exceed $48,352 for the Desert Willow Golf Resort—funds are
available in Golf Course and Ground Expenses Account,
No. 520-4195-495-8031.
J. REQUEST FOR APPROVAL of Change Order No. 1 to Contract
No. C28720 with Same Day Express - Public Art Maintenance Services.
Rec: By Minute Motion, approve Change Order No. 1 to extend the subject
contract with Same Day Express, Palm Desert, California, for one (1)
year in the amount of$39,120 for maintenance services for the City
of Palm Desert's permanent public art collection and the EI Paseo
Invitational Exhibition — funds are available in Account
No. 436-4650-454-3372.
K. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C28860— Civic
Center ParkAmphitheaterConstruction Project(Doug Wall Construction Inc.,
Bermuda Dunes, CA).
Rec: By Minute Motion, accept the work as complete and authorize the
City Clerk to file a Notice of Completion for the subject project.
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REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2010
L. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C29050 —
Refurbishing Tenant Improvements at the Parkview Office Complex Suite
No. 102 (Woodburn Construction, Arcadia, CA).
Rec: By Minute Motion, accept the work as complete and authorize the
City Clerk to file a Notice of Completion for the subject project.
M. CONSIDERATION of Legislative Review Committee Action on A61607
(Knight) — Public Housing.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of February 23, 2010, and direct
staff to prepare a letter of support for the Mayor's signature with
regard to AB 1607 (Knight).
N. REQUEST FOR AUTHORIZATION to Purchase "File of Life" Materials with
CaICOPS Funds in the Amount of$1,590.
Rec: By Minute Motion, authorize the request to expend $1,590 in
CaICOPS funds for the purchase of"File of Life" materials.
O. REQUEST FOR AUTHORIZATION to Purchase a K-9 Ballistic Vest for the
City of Palm Desert's Police K-9 "Van Snapp" with CaICOPS Funds in the
Amount of$706.88.
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
P. REQUEST FOR AUTHORIZATION to Proceed with Implementation of a
"Dine Out Palm Desert" Restaurant Promotion for One Month During Late
Summer- Early Fall 2010.
Rec: By Minute Motion, authorize implementation of a "Dine Out Palm
Desert" Restaurant Promotion in late summer-earlyfa112010—funds
are available in the Marketing Budget, Account
No. 110-4417-414-3223.
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REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2010
Q. REQUEST FOR APPROVAL of Out-of-State Travel for Risk Manager to
Participate as a Presenter at the National Risk and Insurance Management
Society (RIMS) Annual Conference - Boston, Massachusetts, April 26-29,
2010.
Rec: By Minute Motion, approve the subject out-of-state travel for the Risk
Manager to participate as a presenter at the National Risk and
Insurance Management Society (RIMS) Annual Conference in an
amount not to exceed $700 — funds are available in Account
No. 110-4130-411-3120.
Councilman Kelly asked that Item G and O be removed for separate consideration
under Section IX. Mayor Pro Tem Ferguson asked that Item H be removed for
separate consideration.
Upon a motion by Spiegel, second by Kelly, and 5-0 vote of the City Council, the
remainder of the Consent Calendar was approved as presented.
XI. CONSENT ITEMS HELD OVER
G. REQUEST FOR DECLARATION of the City of Palm Desert's 1972 Oshkosh
Snorkel Reserve Fire Truck as Surplus and Authorize Disposal.
Councilman Kelly stated the Snorkel Reserve Fire Truck would be an ideal
piece of equipment for ranchers who picked dates. He recommended that
the motion include staff check with local date ranchers to see if there was
interest in the truck.
Councilman Kelly moved to, by Minute Motion, declare the 1972 Oshkosh Snorkel
Reseive Fire Truck (Vehicle I.D. No. 12084) as surplus and authorize disposal as
proposed, with staff requested to check with local date ranchers for their potential interest
in disposition of the 1972 Oshkosh Snorkel Reserve Fire Truck. Motion was seconded by
Kelly and carried by a 5-0 vote.
H. REQUEST FOR APPROVAL of Contract with StateNet for Legislative and
Regulatory Reporting Services (Contract No. C29630).
Mayor Pro Tem Ferguson stated StateNet was a legislative tracking service
he used back in the 1980's prior to the Internet coming into fruition. He
conducted regulatory and legislative tracking for free on the Internet, and it
worked well. He said it worked so well that he signed up for e-mail alert
when a change occurs in any piece of legislation. He wondered why the City
was still using StateNet when a perfectly free service via the Internet and
State's website was available. He realized it was only$1,890, but it seemed
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the City kept renewing contracts for no particular reason without checking to
see if there was something better and cheaper.
Mr. Aryan stated the Risk Manager who dealt with the legislative tracking
indicated that he would like to continue this service for another year. He said
StateNet allowed staff to perform query searches on specific topics
presented in a data format weekly, so it was a benefit to staff. However, he
agreed to look into other means that are more cost effective.
Mayor Pro Tem Ferguson requested that staff go back and compare the
benefits of the State's website and the queries it may be able to run on it. He
questioned the benefits of it, because he served on the Legislative
Committee for five years and saw the reports provided by StateNet, which
were no different from the ones he obtained from the State's website. He
said perhaps the Risk Manager can make the comparison and explain it at
the next meeting.
Mr. Aryan agreed to review the matter and see if there was a more
cost-effective means.
Mayor Pro Tem Ferguson moved to, by Minute Motion, continue this matter to the
meeting of March 25, 2010. Motion was seconded by Spiegel and carried by a 5-0 vote.
O. REQUEST FOR AUTHORIZATION to Purchase a K-9 Ballistic Vest for the
City of Palm Desert's Police K-9 "Van Snapp" with CaICOPS Funds in the
Amount of$706.88.
Councilman Kelly stated he would vote no on this item, because he couldn't
image that Van Snapp would wear the vest. He couldn't see how the vest
would provide much protection, and itwould hamperthe K-9's abilityto move
quickly, because agility was an important part of what he did.
Mayor Finerty stated a verbal report would have been provided from the
Public Safety Commission, but they were unable to meet due to a lack of a
quorum.
Mr.Aryan agreed, stating the Public Safety Commission was going to review
this item yesterday, but because it didn't have a quorum, the meeting was
continued to March 16, 2010, at which time he will present this as a receive
and file item for them. He said it was his understanding in talking Lieutenant
Shouse that K-9 Van Snapp would only use the vest when in potential
dangerous situations.
Councilmember Benson asked if Officer Steve Rivera, who was the person
responsible for Van Snapp, provide a recommendation.
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Mayor Finerty responded that Officer Rivera was the one who submitted the
request. She pointed out that other K-9's had this equipment, and it was
being paid with CaICOPS funds.
Lieut. Shouse agreed the ballistic vest was heavy and caused a dog to
become very hot; however, the dog would not be wearing it on a daily basis.
He said this vest would only be put on in unique and rare situations where
Van Snapp would be the last resort and would have to be sent to engage
with an armed suspect or something to that effect. He agreed the vest
affected agility, but Van Snapp would only wear it in those rare occasions
where he would be deployed in a dangerous situation.
Councilman Kelly stated the dog would probably be shot in the front and not
his side. Lieut. Shouse agreed.
Councilman Spiegel asked if there had been an occasion where the vest
would have been necessary from the rear.
Lieut. Shouse responded the situation where Van Snap would most likely be
deployed with the vest would be in an armed and barricaded suspect. To his
knowledge Officer Steve Rivera and K-9 Van Snapp had been deployed into
buildings to find suspect that were hiding, but not known and armed
suspects. He said the Department didn't typically deploy a K-9 into a
location to engage an armed suspect with a gun, specifically because it was
known the suspect would shoot the dog. He said the dog was a valuable
asset to the Department and wouldn't want to dispose of him easily;
therefore, K-9's are not deployed in those instances.
Councilman Kelly stated the fact that funding would come from CaICOPS
didn't impress him. He said twice this week he ran into a situation where
there were traffic jams a mile long, because traffic was cut down to one lane
with no one there to help move traffic. He said if there were extra funds in
CaICOPs, he'd rather have an officer direct traffic when a lane is closed. He
said on behalf of Van Snapp, who probably didn't want the vest, he will vote
no to hopefully save him from the experiment.
Responding to question, Lieutenant Shouse said K-9 teams throughout the
County have used this item and have been purchasing it for some time.
Councilmember Benson stated it was the only thing available to protect the
K-9.
Councilmember Benson moved to, by Minute Motion, authorize the request to
expend $706.88 in CaICOPS funds for the purchase of a K-9 Ballistic Vest for the City of
Palm Desert's Police K-9 "Van Snapp." Motion was seconded by Ferguson and carried by
a 4-1 vote, with Kelly voting NO.
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XII. RESOLUTIONS
None
XIII. ORDINANCES
For Introduction:
None
For Adoption:
None
XIV. NEW BUSINESS
A. REQUEST FOR DECLARATION OF THE CITY OF PALM DESERT'S
SUPPORT FOR THE CALIFORNIA EMERGING TECHNOLOGY FUND'S
(CETF) "GET CONNECTED!" PUBLIC AWARENESS AND EDUCATION
CAMPAIGN.
Mayor Pro Tem Ferguson moved to: 1)Waive further reading and adopt Resolution
No. 2010 - 11, declaring support for the California Emerging Technology Fund's (CETF)
"Get Connected!" Public Awareness and Education Campaign; 2) By Minute Motion,
authorize City Manager to send correspondence to the CETF, indicating the City of
Palm Desert's support of the"Get Connected!"public awareness and education.campaign
to improve broadband access within California; 3) By Minute Motion authorize CETF to list
the City of Palm Desert City Council as champions of the "Get Connected!" Program in
their various communication materials. Motion was seconded by Spiegel and carried by
a 5-0 vote.
B. REQUEST FORAWARD OF CONTRACTS FOR BANKINGAND CUSTODY
SERVICES TO UNION BANK FOR A TERM OF FIVE(5)YEARS, WITH AN
OPTION TO RENEW FOR AN ADDITIONAL TWO(2)YEARS(CONTRACT
NOS. C29640A AND C29640B) (JOINT CONSIDERATION WITH THE
PALM DESERT REDEVELOPMENT AGENCY, PALM DESERT
FINANCING AUTHORITY,AND PALM DESERT HOUSING AUTHORITY).
Councilmember/Member/Commissioner Benson moved to, by Minute Motion: 1)
Award Banking and Custody Services Contracts to Union Bank for a term of five (5) years,
with an option to renew for an additional finro (2) years; 2) authorize the City Treasurer to
execute said Banking and Custody Services Contracts on behalf of the City. Motion was
seconded by Spiegel and carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2010
C. REQUEST FOR AUTHORIZATION TO REIMBURSE THE HOUSING SET-
ASIDE FUND IN THE AMOUNT OF $122,376 FROM HOUSING
MITIGATION FUND FOR THE VALUE OF VACANT LOTS ASSOCIATED
WITH THE 14 SELF-HELP UNITS LOCATED ON MERLE STREET(JOINT
CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT
AGENCY).
CouncilmembeNMember Benson moved to, by Minute Motion, authorize staff to
reimburse Housing Set-aside in the amount of$122,376 from Housing Mitigation Funds
—available in Housing Mitigation Account No. 214-4490-466-3901. Motion was seconded
by Ferguson and carried by a 5-0 vote.
D. REQUEST FOR APPROVAL OF RESOLUTIONS AND RELATED
ACTIONS,APPROVING THE GUIDELINES AND PROCEDURES FOR THE
NEIGHBORHOOD STABILIZATION PROGRAM(JOINTCONSIDERATION
WITH THE PALM DESERT REDEVELOPMENT AGENCY).
Councilmember/Member Benson moved to: 1)Waive further reading and adopt City
Council Resolution No. 2010 - 12 and Redevelopment Agency Resolution No. 570,
approving the Guidelines and Procedures for the Neighborhood Stabilization Program (the
"NSP" Program), substantially as to form; 2) By Minute Motion, receive and file the
StandardAgreementfrom State of California Housing and Community Development(HCD)
for Joint NSP Funding with the County of Riverside; 3) By Minute Motion, approve the draft
program documents related to the acquisition of foreclosed homes in the designated target
areas of Palm Desert, as required by the NSP Program; 4) By Minute Motion, approve the
draft loan documents related to the City Silent Second Loans for down payment assistance
and rehabilitation substantially as to form; 5) By Minute Motion, accept the County of
Riverside's identified list of authorized NSP Lenders and Education Sources; 6) By Minute
Motion, authorize use of a third party to facilitate the Rehabilitation Component of the NSP
Program, as necessary; 7) By Minute Motion, authorize the City Manager and/or Executive
Director to execute any documents necessary to establish and/or implement the NSP
Program; 8) By Minute Motion, establish a budget for estimated revenue to State Grant-
HCD NSP Revenue Account No. 214-0000-334-7203 in the amount of $326,784 and
appropriate $326,784 to the related expense for the Neighborhood Stabilization Program.
Motion was seconded by Spiegel and carried by a 5-0 vote.
XV. CONTINUED BUSINESS
None
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XVI. OLD BUSINESS
A. REQUEST FOR DIRECTION REGARDING EXTENSIONS TO CONTINUE
ALLOWING OUTDOOR DISPLAYS OF MERCHANDISE IN THE CITY.
Councilman Kelly moved to, by Minute Motion, continue the City's current program
for one additional year, allowing the outdoor display of inerchandise with issuance of a
Temporary Use Permit. Motion was seconded by Kelly and carried by a 5-0 vote.
XVII. PUBLIC HEARINGS
A. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION
DECISION, DENYING A REQUEST FOR A TENTATIVE TRACT MAP WITH
ASSOCIATED CEQA ADDENDUM TO THE SEIR FOR STONE EAGLE;
THIRD AMENDMENT TO DEVELOPMENT AGREEMENT 02-01 (STONE
EAGLE DEVELOPMENT); AND ZONING ORDINANCE AMENDMENT TO
REVISE THE HILLSIDE PLANNED RESIDENTIALZONE RIDGELINE MAP,
WHICH WOULD ALLOW THE SUBDIVISION OF 7.7 ACRES INTO SIX (6)
RESIDENTIAL LOTS— SUBJECT PROPERTY LOCATED WEST OF THE
PALM VALLEY STORM CHANNEL AT THE TERMINATION OF
OLD STONE TRAIL (APN 652-090-002) Case Nos. TT 34943 DA 02-01
Amendment #3, and ZOA 09-494 (Eagle 6.5, LLC, c/o Ted Lennon,
Applicant/Appellant).
Mayor Finerty stated an e-mail was received from the Applicant requesting
the Council continues this matter to a date uncertain. She said she was
advised by the City Attorney that the matter will be re-noticed.
Mayor Pro Tem Ferguson moved to, by Minute Motion, continue this matter to a
date uncertain, with re-noticing of the date to be provided at the appropriate time. Motion
was seconded by Spiegel and carried by a 4-0-1 vote, with Ferguson ABSTAINING.
B. REQUEST FOR APPROVAL OF A GENERAL PLAN AMENDMENT FROM
OFFICE PROFESSIONAL(C-OP)TO LOW-DENSITY RESIDENTIAL(R-L)
0-4 UNITS PER ACRE AND A CHANGE OF ZONE FROM OFFICE
PROFESSIONAL (O.P.) TO RESIDENTIAL ESTATES (R.E.) 40,000
SQUARE-FOOT MINIMUM LOT SIZE FOR TWO PARCELS LOCATED AT
77-925 HIDDEN RIVER ROAD AND 77-930 DELAWARE PLACE
Case Nos. GPA/ CZ 10-18 (City of Palm Desert, Applicant).
Principal Planner Tony Bagato stated this request was for a General Plan
Amendment and Change of Zone. He displayed the location of the finro
properties. He said the current zone was Office Professional (O.P.)and staff
was proposing to re-zone Residential. He said a homeowner on Hidden
Valley Road approached staff about changing the zone similar to something
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the City did for a homeowner on Delaware Place. He said the uses no
longer accommodated the intent of Office Professional. Therefore, staff
recommended that these two parcels be re-zoned back to Residential,which
will make the finro parcels compatible to the existing neighborhood. He
offered to answer questions.
Councilman Spiegel questioned why these finro parcels that were originally
for housing were re-zoned Office Professional.
Mr. Bagato responded that in 1997 the finro parcels were part of the
implementation of the Project Area 4 Specific Plan, and the intent was to
have commercial development be a buffer for heavy traffic to the residential
areas similar to what the City did on Fred Waring Drive using Office
Professional. However, since 1997, no one had approached the City to build
on the two lots. The City had one approval for a property on Washington
Street where an office project was able to be accommodated. Staff no
longer believes these two parcels are to be Office Profession for long-term
use. Responding to question, he said the intent of re-zoning to Residential
would be permanent.
Mayor Finerty declared the public hearing open and invited public testimony
FAVORING or OPPOSING this matter. With no public testimony offered, she
declared the public hearing closed.
Mayor Pro Tem Ferguson moved to waive further reading and: 1)Adopt Resolution
No. 2010 - 14, approving a General Plan Amendment from C-OP to R-L.; 2 ) P a s s
Ordinance No. 1210 to second reading, approving a Change of Zone from O.P. to R.E.
40,000. Motion was seconded by Spiegel and carried by a 5-0 vote.
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
None
B. CITY ATTORNEY
None
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RELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2010
C. CITY CLERK
1. Reminder of Joint City Council - Redevelopment Agency - Housing
Authority - Planning Commission - Housing Commission Study
SessionlTour of Housing Authority Properties on Thursday, March 18,
2010, Convening at 9:45 a.m. in the Civic Center North Wing
Conference Room and Continuing with a Bus Tour.
2. Reminder of Special Joint City Council - Planning Commission
Meeting, Wednesday, March 24, 2010, 4:00 p.m. in the Council
Chamber for a Public Hearing regarding the Palm Desert Aquatic
Complex.
Ms. Klassen called City Councilmembers' attention to the reminders
for upcoming events.
Councilmembers so noted the dates.
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 Citv Cou�cil Consideration of Travel Requests and Reports:
None
o City Council Committee Reports:
None
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o City Council Comments:
None
XIX. ADJOURNMENT
On a motion by Spiegel, second by Benson, and unanimous vote of the City
Council, Mayor Finerty adjourned the meeting at 4:19 p.m.
CINDY FINERTY, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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