HomeMy WebLinkAboutPrelim - CC - 10/28/2010 DRAFT
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, OCTOBER 28, 2010
CIVIC CENTER COUNCIL CHAMBER
73510 FRED WARING DRIVE, PALM DESERT, CA 92260
I. CALL TO ORDER - 3:00 P.M.
City Clerk Rachelle Klassen convened the meeting at 3:00 p.m. Due to the lack of
a quorum, she adjourned the meeting to 3:30 p.m.
Mayor Finerty reconvened the meeting at 3:34 p.m.
II. ROLL CALL
Present:
Councilmember Jean M. Benson
Mayor Pro Tem Jim Ferguson
Councilman William R. Kroonen
Councilman Robert A. Spiegel arrived at 3:41 p.m.
Mayor Cindy Finerty
Also Present:
John M. Wohlmuth, City Manager/RDA Executive Director
Stephen P. Deitsch, Assistant City Attorney
Justin McCarthy, ACM for Redevelopment
Stephen Y. Aryan, Assistant to the City Manager
Rachelle D. Ktassen, City Clerk
l.auri Aylaian, Director of Community Development
Paul S. Gibson, Director of Finance/City Treasurer
Janet M. Moore, Director of Housing
Mark Greenwood, Director of Public Works
Frankie Riddle, Director of Special Programs
Bill Hunley, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire
Andrew Shouse, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept.
Grace L. Mendoza, Deputy City Clerk
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
MS. MARCIA FRANTZEN, President of the Villa Portofino Homeowners
Association, introduced herself to the City Council and stated that the group took
over from the developer approximately two years ago. She said they were still
experiencing a number of problems, and they'd gotten together to discuss. She
wanted to agree with the speakers here who come after her today. Although there
is a guarded gate at the main entrance, there are significant security problems. Her
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residence is near the Portola Avenue access, and vehicles are coming through
there in the middle of the night. She noted that Ms. Betty Barker had been her
neighbor but left the development because of the security situation. She said they
would appreciate any help the City could provide.
MS. GAIL CHRISTIANSEN said Casa Blanca residents were present today with
their neighbors from Silver Sands Racquet Club and Villa Portofino to request the �
City Council's help again. Two years had gone by with very little change; currently,
clean-up work is being done on the premises at Villa Portofino, which was hoped
would stabilize the soil there. This was the result of numerous letters being sent
and numerous phone calls to the City. Unfortunately, it was only a temporary fix to
the problem; because by next summer, the property would again be filled with
tumbleweeds and dead shrubs that will once again roll over onto each of the
surrounding properties along with the sand. She said a huge part of the problem
stemmed from the elevation of the soil level being above all of the other properties,
and there is nothing to stop the flow of sand shrubs or tumbleweeds. Additionally,
she said the soil was moved without benefit of a permit and is over the approved
elevation level; neighbors felt that just because Mr. LaMelza is no longer an owner
of the property was not sufficient reason to allow a Code Violation to stand. Further,
she stated that they'd also been told by a City employee that Casa Blanca's garden
wall had been compromised and will have to be replaced. The employee said it
would be made a requirement of any new owner to replace the wall before they'd
be allowed to build. But she and her neighbors have serious concerns for the
current situation, as well as for a potential buyer of the property who will believe that
they'll be able to build at the existing elevation, and there will be no follow-through
in regard to replacement of their wall. Therefore, they were present today to
request that the City Council require the current owners to bring down the soil
elevation level to that approved by the City and to provide Casa Blanca with written
assurance that replacement of their garden wall will be a requirement of any new
owners of the Villa Portofino property.
Mayor Finerty asked Ms. Christiansen to leave her information with the City Clerk
so that the City Manager can contact her.
MR. DICK McLEAN said he was Past President of the Silver Sands Homeowners
Association about five or six years ago when there was significant problem with
blowsand and tumbleweeds from Villa Portofino coming onto their property,
specificallytheirtennis courts along Portola Avenue. While they hadn't come to the
City Council then, they had communicated extensively with the City Manager. Due
to their efforts and those of their neighbors, a screening fence was installed. The
fence improved the situation considerably, but then it fell into disrepair, and the
situation was now practically back to where it was five or six years ago. He said
Silver Sands was supportive of Casa Blanca and their fellow neighbors; Silver
Sands was not suffering permanent damage, but Casa Blanca was. Silver Sands
was experiencing nuisance damage and expense whenever the wind blew across
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Villa Portofino. They get one or two truckloads of tumbleweeds that blow over their
wall, which they have to pay to be removed; and someone has to be paid to get rid
of the sand off the tennis courts. They hoped something could be done to eliminate
the problems.
IV. ADJOURN TO CLOSED SESSION
Reauest for Closed Session:
Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: Lease Property - Parkview Professional �ffice Complex -
73710 Fred Waring Drive, Suite No. 205, Palm Desert
Negotiating Parties:
Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert
Property Owner: City of Palm Desert
Other Parties: Coachella Valley Mountains Conservancy
Under Negotiation: x Price x Terms of Payment
Conference with Legal Counsel regarding existing litigation pursuant to
Government Code Section 54956.9(a):
a) PDCC Development LLC, Petition for Bankruptcy, United States
Bankruptcy Court, Central District of California
b) Cityof Palm Desert v. Federal Housing Finance Agency, Federal National
Mortgage Association, and Federal Home Loan Mortgage Corporation,
United States District Court Case No. 10-cv-04482 (N.D. Cal.)
Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(b):
Number of potential cases: 2
Mr. Deitsch described that with regard to the two items under Government Code
Section 54956.9(b)(1), there are two open session Claims Against the City, which
will be one of the cases of potential litigation; the second was a Public Records Act
Request that could lead to litigation, and he advised discussing it in Closed Session.
Upon a motion by Ferguson, second by Kroonen, and 4-0 vote of the City Council,
with Spiegel ABSENT, Mayor Finerty adjourned the meeting to Closed Session at
3:41 p.m. She reconvened the meeting at 4:05 p.m.
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V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
MR. DEITSCH reported that the City Council and Redevelopment Agency
convened in Closed Session moments ago to discuss the items listed on the
Posted Agenda under Closed Session, and no reportable action was taken.
VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF
THE UNITED STATES OF AMERICA- Councilman Robert A. Spiegel
VII. INVOCATION - Councilmember Jean M. Benson
VIII. ORAL COMMUNICATIONS - B
MR. MIKE HARDIN of The Lock Shop, 73560 Highway 111, Palm Desert, and
representing the Chamber of Commerce, updated the City Council on the upcoming
Palm Desert Golf Cart Parade on Sunday, October 31, at 1:00 p.m. with the City its
title sponsor. Being on the day, this year's theme was "Halloween Extravaganza,"
and activities run from 10:00 a.m. -3:00 p.m.Around 15,000 normally attend along
the EI Paseo Corridor. So far the 290 VIP seats were sold out, with concierge
service provided by Executive Errands and snacks supplied by Costco. Additionally,
the 280-seat free senior area was full, sponsored by the Auen Foundation and
supported by Eisenhower Medical Center. There would be 20 fun-filled,free booths
in the Children's Play Area on Larkspur, along with a rock-climbing wall, animals,
Halloween candy bags, and mascots. Ten food vendors will be available, along with
the beer garden. Thirty fancy golf cars from local distributors will be on hand, and
residents of the Palm Desert area would be showing their custom carts valued
between$20,000-$40,000 each. Two hundred costumed kids from the YMCA and
around the area would participate, with a costume contest being held at The
Gardens On EI Paseo. The 29 Palms Marine Corps Band would kick-off the Parade
with their 45-member unit, along with some retired Marines from around the
Coachella Valley. Honorary Guests this year would be all-time Major League
Baseball Catcher Johnny Bench, and Coachella Valley supporter Carl Karcher of
Carl's Jr. He closed by inviting everyone to participate on Sunday.
MR.WES AHLGREN, Coachella Valley Economic Partnership(CVEP),thanked the
City Council and the City for its continued support of the Partnership as it extricates
the climate for success in the Coachella Valley. Around 750 people participated in
last Friday's Summit where the annual Economic Study/Annual Report was
presented that includes all nine Valley cities. He presented copies of the Report
and the specific Palm Desert version to City Councilmembers. He said it was also
being sent electronically and will be available on CVEP's website.
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MR. BILL FROST stated he recently tried to submit an Application for Business
License to operate a Medical Marijuana Dispensary in the City. He said the
application was complete and didn't need to be modified; it was not denied but
simply was not allowed to be submitted. He asked: 1) In light of the City of
Rancho Mirage's current review of the issue after previously being committed to
disallowing dispensaries, what the City Council's present position was; 2)has there
been any provision made to develop a waiting list for applicants; if so, he would like
to be on it. He added that frequently businesses open without proper license, then
they're given first opportunity to be considered. He hoped his Business License
Application would be.
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION OF ANNUAL "MINI-MUSTER" RECOGNITION AND
ARTWORK AWARD CERTIFICATES.
On behalf of the City Council, Mayor Finerty presented Artwork Award
Certificates to Third Graders from Palm Desert Elementary Schools:
— Isabella Fakehany, Gerald Ford Elementary School
— Marco Santana, Abraham Lincoln Elementary School
— Maya Duenas, George Washington Charter Elementary School
— Stephanie Garcia, Ronald Reagan Elementary School
— Roxanne Elisha, James Carter Elementary School
MR. JOHN and MRS. MADONNA MARMAN, Coordinators for the Annual
Mini-Muster Program, presented certificates of appreciation to the City
Council and staff and an engraved plaque to the City, recognizing its support
of the program for the past 18 years. They also presented certificates of
appreciation to all of the Elementary School Principals, the Fire Department,
and Firefighters from the various stations for their invaluable participation.
Engineer Merkh was recognized for his significant contributions to the
Program this year. It was noted that there was a rain-out one of the days in
this year's Mini-Muster, requiring a postponement at one of the schoots,
which has rarely, if ever, occurred.
B. PRESENTATION OF PROCLAMATION TO RECOGNIZE "NATIONAL
PHILANTHROPY DAY" - WEDNESDAY, NOVEMBER 17, 2010.
On behalf of the City Council, Mayor Finerty presented the proclamation to
Colleen McBride and Peter Rittenhouse, both of whom are members of the
Association of Fundraising Professionals and were very appreciative of the
recognition and accepted same for their organization and on behalf of all
nonprofits. They noted this year was the fourth annual National Philanthropy
Day, providing opportunity to celebrate those in the community who give so
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much — Palm Desert being exemplary in its spirit of volunteerism and
commitment to all sorts of causes. A number of community leaders were
being recognized at the event on November 17, including Harold Matzner,
Barbara Keller, Wells Fargo,the"Tick Tockers,"the National Charity League
for Youth in Philanthropy, as well as Ms. McBride herself being recognized
as the Outstanding Fundraising Professional.
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of October 14, 2010, and the
Adjourned Regular City Council Meeting of September 20, 2010.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 86, 90, 91, and 95.
Rec: Approve as presented.
C. CLAIM AGAINST THE CITY (#673� by John Anthony McDonald in the
Amount of$1,500,000.
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so
notify the Claimant.
D. CLAIM AGAINST THE CITY j#674� by Kathy Seacrist in the Amount of
$1,500,000.
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so
notify the Claimant.
E. PUBLIC SAFETY COMMISSION MINUTES forthe Meeting of September 8,
2010.
Rec: Receive and file.
F. RESOLUTION NO. 2010 - 78 - A Resolution of the City Council of the City
of Palm Desert, California, Setting Forth its Findings and Authorizing the
Destruction of Files from the Code Compliance Department that Have Been
Digitally Imaged — Files Dated April - June 2010.
Rec: Waive further reading and adopt.
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G. REQUEST FOR APPROVAL of Contract with Time Warner Business Class
for Telephone Service at City Hall (Contract No. C30270).
Rec: By Minute Motion, approve the contract with Time Warner Business
Class for a Primary Rate Interface to handle all City Hall outbound
telephone traffic in the amount of$480/month — funds are available
in Account No. 110-4159-415-3650.
H. REQUEST FOR AUTHORIZATION to Release Maintenance Security for
Construction of Various Public Improvements at 73-061, 73-080, and 73-081
EI Paseo (EI Paseo Collection, Applicant).
Rec: By Minute Motion, authorize release of the Maintenance Security for
Construction of Various Public Improvements at 73-061, 73-080, and
73-081 EI Paseo.
I. REQUEST FOR AUTHORIZATION to Release Precise Grading Security for
EI Paseo Village - Case No. PP 07-10 (EI Paseo Land Company, LLC,
Applicant).
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
J. REQUEST FORAUTHORIZATION to Release SecurityforTechnology Drive
Street Improvements and Accept the One-year Maintenance Bond Therefor
(Wilson Johnson, Applicant).
Rec: By Minute Motion, authorize release of security for Technology Drive
Street Improvements and accept the One-year Maintenance Bond
therefor.
K. REQUEST FOR AUTHORIZATION to Modify United States Department of
Justice BJA FY 2009 Recovery Act Edward Byrne Memorial Justice
Assistance Grant Program Local Solicitation (Award #2009-SB-B9-0954).
Rec: By Minute Motion, authorize staff's recommended modification of
United States Department of Justice BJA FY 2009 Recovery Act
Edward Byrne Memorial Justice Assistance Grant Program Local
Solicitation (Award #2009-SB-B9-0954).
Mr. Wohlmuth requested Item I be removed for separate consideration, and
Councilman Kroonen noted he would abstain on Item A - Minutes of the
Adjourned Regular City Council Meeting of September 20, 2010.
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Upon a motion by Ferguson, second by Benson, and 5-0 vote of the City Council,
with the exception of Kroonen ABSTAINING on Item A - the minutes of September 20,
2010, the remainder of the Consent Calendar was approved as presented.
XI. CONSENT ITEMS HELD OVER
I. REQUEST FOR AUTHORIZATION to Release Precise Grading Security for
EI Paseo Village - Case No. PP 07-10 (EI Paseo Land Company, LLC,
Applicant).
Mr. Wohlmuth stated there were two issues to discuss with Council; the first
was that this item was not just about the grading security for EI Paseo
Village, but about their security for grading for faithful performance and for
labor and materials. In the "Background" portion of the Staff Report, it
indicates the security is $281,207, but the issue at hand is that the Palm
Desert Municipal Code identifies a 10% maintenance security for a one-year
period after the completion of the public improvements. Given that the City
has an Improvement Agreement and a Nonstandard Sidewalk Agreement
with the EI Paseo Village, staff believes the 10% maintenance security is
unnecessary. The EI Paseo Village has provided a cash deposit instead of
a bond forthe improvements,therefore, staff recommended releasing 100%
� of these securities.
Mayor Pro Tem Ferguson moved to, by Minute Motion, approved 100% release of
the Improvement Security for EI Paseo Village (Case No. PP 07-10). Motion was
seconded by Spiegel and carried by a 5-0 vote.
XII. RESOLUTIONS
A. RESOLUTION NO. 2010 - 79 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A
CITIZEN'S SUSTAINABILITY COMMITTEE TO GUIDE THE
DEVELOPMENT OF THE ENVIRONMENTAL SUSTAINABILITY PLAN
RECOMMENDED ACTIONS.
Councilman Spiegel asked how staff came up with the number of inembers
for the committee.
Assistant Planner Missy Grisa responded staff wanted a group that was
small enough to manage but large enough to cover each of the six resource
categories, and a few additional members to provide advice to stafffor a total
of nine members. She said the City of Palm Springs has a commission of
twelve members, but staff felt it could get hectic with so many different
opinions. Further responding, she said staff will request applications and
advertise through The Desert Sun. She said the City Council can review the
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applications and determine whether to interview all or only those deemed
appropriate.
Mayor Pro Tem Ferguson requested staff work with the Palm Desert
Chamber of Commerce to recruit adequate business representation for the
application and interview process.
Councilman Spiegel moved to waive further reading and adopt Resolution
No. 2010-79. Motion was seconded by Ferguson and carried by a 5-0 vote.
B. RESOLUTION NO. 2010 - 80 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, ORDERING AN
AMENDED ASSESSMENT FOR A PARCEL OF LAND IN THE CITY OF
PALM DESERT SECTION 29 ASSESSMENT DISTRICT (NO. 2004-02),
FIXING THE AMOUNT OF THE FEES AND COSTS FOR SUCH
AMENDMENT, AND APPOINTING A TIME AND PLACE FOR A HEARING
ON SUCH AMENDMENT.
Mayor Pro Tem Ferguson asked when would the proposed hearing take
place.
Ms. Klassen responded it was her understanding the hearing would take
place November 18, 2010, the next scheduled City Council meeting.
Mr. Greenwood stated Section 29 Assessment District had to do with the
former Falling Waters property, now known as Monterey Ridge. When the
property changed hands at about the same time this District was being
formed, staff missed the step of having the assessments reapportioned to
the condominiums. Further responding, he confirmed the staff report for the
public hearing will provide a more detailed description of the apportionment
of the parcel.
Councilman Spiegel moved to waive further reading and adopt Resolution
No. 2010-80. Motion was seconded by Ferguson and carried by a 5-0 vote.
XIII. ORDINANCES
For Introduction:
None
For Adoption:
None
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XIV. NEW BUSINESS
A. CONSIDERATION OF REQUEST FOR REDUCTION OF THE TRUST
DEPOSIT FEE OF $2,915 TO $1,500 FOR PROCESSING OF A
CONDITIONAL USE PERMIT (CUP) TO OPERATE THE WEST COAST
BARBER COLLEGE AT 74-350 ALESSANDRO DRIVE, SUITE A-1,WHICH
IS LOCATED IN THE R-3(4) ZONE (RESIDENTIAL MULTIPLE FAMILY)
(Jesus Escamilla, Applicant).
Councilman Spiegel asked if the operation was a school or barber shop.
Assistant Planner Kevin Swartz responded it was a Barber College;
therefore, it was a school. Further responding, he said the school will receive
money for cutting hair.
Mayor Finerty stated it was her understanding staff was recommending
denial of the Conditional Use Permit (CUP), because the Applicant had not
followed proper procedure.
Mr. Swartz answered yes, stating the Applicant had not filed the CUP
Application.
Councilman Kroonen asked if staff had inquired with the Applicant as to why
they did not follow up with the procedures.
Mr. Swartz stated Code Enforcement had already sited the Applicant and
was given more than a month to submit the Application. He noted the
Applicant was present this evening and would like to speak on the matter.
Mayor Pro Tem Ferguson stated the staff report indicated the Applicant
didn't make a sincere attempt to move through the approval process, and
besides that the Applicant had more than a month to submit a formal
application, upon what basis did staff make that determination.
Mr. Swartz stated the Applicant was informed they needed to file a CUP, but
they did not come into City Hall or showed good-faith effort of moving
forward in applying for the application. Further responding, he said the
Applicant was informed about a month and a half ago, and they were denied
the Business License Application on April 22, 2010, but they've been
operating as a Barber College. He said the Applicant was denied a business
license, because in the R3 Zone one cannot operate an institution or school
without a Conditional Use Permit.
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Mayor Pro Tem Ferguson stated he understood the Applicant was on notice
in April, and six weeks ago staff asked the Applicant to voluntarily come into
City Hall to comply.
Mr. Swartz answered yes. Further responding, he said to date staff had not
received anything.
MS. MARIELA (sp?) ESCAMILLA, Applicant's representative, Fred Waring
Drive, Palm Desert, stated they misunderstood the paperwork and the
requirements, and what was expected of them. They only had to set up
substations and do some painting, which were the only renovations they did,
because there was no need for plumbing or anything else. She said at a
later date, when City staff discussed the matter with them, they understood
what they had to do. She said they now had the CUP Application and
paperwork for the building renovations they did.
Mayor Finerty asked if the Applicant was prepared to submit the CUP
Application, pay the free, and go through the process.
MS. ESCAMILLA responded they were requesting a waiver or partial waiver
on the deposit fee.
Mayor Pro Tem Ferguson asked on what basis.
MS. ESCAMILLA said the school was just getting started, and they are
working on recruiting students. She said they had faith in the school and
believed it will be an asset to the City, but at this time they didn't have all the
funds for the deposit. She said some of the students were currently not able
to pay for the hours of attendance at the school, but believed that prior to
graduating they will make large payments. She said they presently had ten
students enrolled and more money would be coming in prior to graduation.
Mayor Pro Tem Ferguson asked if the waiver was approved, would the
Applicant be able to pay $1,500 and make payments on the balance over
time.
MS. ESCAMILLA answered yes.
Councilman Kroonen asked if students will receive certification upon
completion of the program.
MS. ESCAMILLA answered students will receive a license. She said once
students complete the course, their information will be sent to the State
where they will receive a license and operate as licensed barbers. Further
responding, she said the school currently had ten students. However, having
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just participated in Career Day, she had a list of 30 potential students she
was working with and possibly enrolling. Further responding, she said the
cost to enroll in the program was $8,500, but the fee was just dropped to
$6,500, which included equipment, textbooks, and tuition.
Mayor Pro Tem Ferguson asked if the school qualified for student loans and
other assistance.
MS. ESCAMILLA answered not at this time, stating the program had to be
operating for three years before they qualified for Free Application for
Federal Student Aid (FAFSA), but they've only been operating since April
2010.
Councilman Kroonen asked if a Market Survey had been conducted in terms
of being able to place students who graduate.
MS. ESCAMILLA responded it was difficult to include placement as part of
the program, because it depended on the technical skills and where students
went to work. When she graduated from a cosmetology school in Palm
Desert, she wasn't placed, but she knewthere was a high demand according
to statistics from the Bureau for Cosmetology and Barbering.
Mayor Pro Tem Ferguson asked if a licensure was required from the State
of California or any kind of approvals from the State Licensing Board to
teach. In otherwords, if he were to pay$6,500 and wanted to make sure the
organization was legitimate, did the West Coast Barber College have the
proper credentials as a business.
MS. ESCAMILLA answered yes, stating they were currently pending as a
private secondary school, and it was just a matter of a few weeks before all
their information was submitted to the California Bureau for Private Post
secondary Education. She said they are currently able to operate without it,
but they need fifteen students, which is the only thing holding them up from
getting their school code.
Councilman Spiegel asked if Council would be setting precedence if partial
payment for the deposit was accepted.
Economic Development Manager Ruth Ann Moore responded this was a
Conditional Use Permit versus a Business License and wasn't sure if
Planning practiced that in the past.
Ms. Aylaian answered no, stating the fee was actually a deposit. She said
cost was based on time spent on the project, and for a case like this, staff
would expect to refund part of the $2,915 deposit fee. She said $1,500 was
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not an unreasonable amount to expect this would cost. The City Council on
a number of times in the past had approved reduction requests when people
claimed hardship. Typically staff recommended approval, but were reluctant
in this case, because they had history of trying to work with these folks and
had not seen good-faith efforts in going through the process.
Mayor Pro Tem Ferguson stated that based on what was said this afternoon,
asked if staff was reassured that $1,500 would be acceptable now as
opposed to when the staff report was written.
Ms. Aylaian stated she believed that for the amount of work required to
process a CUP, $1,500 was probably about what it would cost, and if the
Applicant would like to make the deposit and submit the CUP Application,
staff would love to process it. She said the Council might want to give the
Applicant a seven-day time line in which to submit the Application,which will
allow staff to continue with Code Enforcement action in the event the
Applicant didn't follow through.
Mayor Pro Tem Ferguson asked Ms. Escamilla if a seven-day time line would
be sufficient, and she indicated agreement.
Mayor Pro Tem Ferguson moved to, by Minute Motion, accept an initial deposit of
$1,500 within seven(7)days of this meeting toward processing of a Conditional Use Permit
(CUP) for West Coast Barber College located in the Residential Multiple Family Zone,
subject to notifying Applicant should the cost of processing exceed the initial deposit and
subsequent arrangements be made. Motion was seconded by Spiegel and carried by a
5-0 vote.
B. REQUEST FORAWARD OF CONTRACTTO CONVERSE CONSULTANTS
IN THE AMOUNT OF $53,800 FOR MATERIAL TESTING AND SPECIAL
INSPECTION SERVICES FOR THE PALM DESERT AQUATIC CENTER
(CONTRACT NO. C29400C, PROJECT NO. 722-10) (JOINT
CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT
AGENCY).
Responding to question on whether this testing was required because of the
clay found when digging the hole for the pool. Mr. Wohlmuth said the
proposed contract was for the overall testing that's required, which included
the core samples of the concrete. However, in digging for the aquatic center
and footing for the building, about six feet down, they hit a three-foot layer of
clay, which couldn't be compacted. Staff asked the contractorto remove the
clay, which they did, but they expect it will run the entire length of the aquatic
center. He went on to say, that sixteen feet down, the clay would have to be
removed anyway, because it was in the path for the footing of the building.
The contractor placed a tarp and three-quarter inch aggregate, so staff
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expects a change order in the $20,000 range. He said approvai of this item
will allow for several types of testing.
Councilman/Member Spiegel moved to, by Minute Motion: 1) Award the subject
contract for Material Testing and Special Inspection Services to Converse Consultants,
Redlands, California, in the amount of$53,800; 2)authorize the Director of Finance to set
aside a 10% contingency in the amount of$5,380; 3) authorize the Mayor to execute said
contract—funds are available in Account No. 233-4549-454-4001 - Park and Recreation
Facilities Fund, and Account No. 851-4549-454-4001 - Project Area No. 2 Aquatic Facility
Capital Budget— no General Fund money is being used for this expenditure. Motion was
seconded by Kroonen and carried by a 5-0 vote.
C. REQUEST FORAWARD OF CONTRACTTO ROBERTSON INDUSTRIES,
INC., IN THE AMOUNT OF $74,407.01 FOR THE WASHINGTON
CHARTER SCHOOL PLAYGROUND IMPROVEMENTS (CONTRACT
NO. C30220, PROJECT NO. 729-11).
Mr. Greenwood stated this item pertained to the playground at Washington
Charter School, which had a rubberized surface under the playground
equipment. He said that surface was more than seven years old and badly
worn that it was time for it to be replaced.
Councilman Spiegel stated the amazing thing about this playground was that
it also served as a pocket park that received tremendous amount of play by
surrounding residents, because it's open to the residents on the evenings,
after school, on the weekends, and during the summer. He said the City of
Palm Desert initially helped the school by putting in the playground, and
consequently, they decided to rebuild the entire school when they passed
their bond, which was helped by the playground.
Councilman Spiegel moved to, by Minute Motion: 1) Waive irregularities in
Contractor's Proposal submitted by Robertson Industries, Inc.; 2) award the subject
contract for the Washington Charter School Playground Improvements to Robertson
Industries, Inc., Phoenix, Arizona, in the amount of $74,407.01; 3) set aside a 10%
contingency in the amount of$7,440.70; 4) authorize the Mayor to execute said contract
—funds are available in Account No. 233-4618-454-4001 - Park and Recreation Facilities,
Citywide Park Improvements—no General Fund money is being used forthis expenditure.
Motion was seconded by Kroonen.
Mayor Pro Tem Ferguson agreed Palm Desert did a great thing there, but it
seemed like it was just yesterday that it built the playground, and the City
was now spending more than $70,000 for a rubberized surface, which
seemed extremely expensive.
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Landscape Manager Spencer Knight responded the existing swing set was
also being changed out. The existing swings are ten-feet tall, and in order
to meet the appropriate requirements, a thick base is required. He said it
would be cheaperto put in a new swing set at eight feet to meet the standard
depth. Additionally, posts that were part of the original equipment which has
been detached will also be removed and the holes will be filled in and
covered. Further responding, he said the area will be upgraded and noted
the current groundcover was trashed.
Mayor Finerty commented the good news was that the playground was being
used, and secondly, funding would come from the Parks and Recreation
Fund with no general fund monies being used.
Mayor Finerty called for the vote, and the motion carried on a 5-0 vote.
D. REQUEST FOR AWARD OF CONTRACT TO CANDYL GOLF GROUP,
INC., IN THE AMOUNT OF $25,081.59 FOR THE CIVIC CENTER
PARKWAY TURF RETROFIT PROJECT - PHASE II (CONTRACT
NO. C30250, PROJECT NO. 962-11).
Landscape Manager Spencer Knight stated this contract was for Phase II of
the retrofit project for the entrance on San Pablo Avenue to the entrance at
the Community Center and both parkways coming into the main parking area
at City Hall.
Councilman Spiegel moved to, by Minute Motion: 1)Award the subject contract for
the Civic Center Parkway Turf Retrofit Project - Phase 11 to Candyl Golf Group, Inc.,
La Quinta, California, in the amount of$25,081.59; 2) approve a 10% contingency in the
amount of $2,508.16 for the project; 3) authorize the Mayor to execute said contract —
funds are available in Account No. 400-4614-433-4001 - Capital Project Reserve Fund.
Motion was seconded by Ferguson and carried by a 5-0 vote.
E. REQUEST FOR APPROVAL OF AN EASEMENT EXCHANGE
AGREEMENT TO ACCOMMODATE A LOT LINE ADJUSTMENT LOCATED
AT THE NORTH END OF TECHNOLOGY DRIVE IN THE CITY
(CONTRACT NO. C30280) (La Quinta Village Business Center, Applicant).
Mr. Greenwood stated the work for this contract is to relocate the drainage
easement to accommodate the new Department of Motor Vehicles (DMV)
facility that's being proposed on Technology Drive,which is near Cook Street
and the Interstate-10 Freeway. He said a parcet line had to be moved to
accommodate the DMV, which caused an easement for a future drainage
facility to be in the wrong place. The current request is to move the drainage
easement, which is purely a paper action and no physical construction is
associated with this request.
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Councilman Kroonen moved to, by Minute Motion,approve and authorize the Mayor
to execute the subject Easement Exchange Agreement to accommodate a lot line
adjustment located at the north end of Technology Drive. Motion was seconded by
Ferguson and carried by a 5-0 vote.
F. REQUEST FOR APPROVAL OF LEASE AGREEMENT BETWEEN THE
DESERT WILLOW GOLF RESORT AND CLUB CAR, INC., IN THE
AMOUNT OF $829,850.56 FOR A TERM OF 48 MONTHS IN ORDER TO
PROCURE 176 GOLF CARTS AND THREE (3) BEVERAGE CARTS
(CONTRACT NO. C30290).
Mayor Pro Tem Ferguson stated this lease agreement was for almost
$1 million on golf carts that he felt an explanation might be helpful.
Senior Management Analyst Catherine Walker stated any questions she
might not be able to answer, may be answered by representatives from
Desert Willow in terms of the golf carts. She said the previous four-year
lease agreement for the golf carts for the Desert Willow Golf Resort (DW)
had expired and it was time to enter into a new lease. Traditionally, at the
end of the four-year term, the City purchased the golf carts and used them
as a deduction in the trade-in value forthe new negotiations. Staff proposes
to keep consistency in terms of golf cart usage and stay with the same
vendor Club Car Inc. She said the golf carts will be procured through a
national program that allowed the City to piggyback off a competitive
solicitation for proposals that were done through another government entity
or municipality. In this case, it was Tucson, Arizona, which the City Attorney
can speak more to and the legalities involved.
Mayor Finerty stated she understood staff was happy with Club Car Inc., but
questioned if staff solicited bids from anyone else.
Ms.Walker responded representativesfrom Desert Willowwill be betterable
to answer the question.
MR. RICH MOGENSEN, General Manager at Desert Willow Golf Resort,
Palm Desert, stated they were pleased with the golf carts during the previous
four-year period. In discussions with City staff regarding the
Intergovernmental Purchasing Alliance (IPA) Company program, it was
decided to move along the lines of taking that acceptable bid program as
opposed to a Request For Proposal (RFP). He said they were pleased with
these particular golf carts, because they're 100% compatible with what they
were looking for in terms of the new GPS systems route and decided this
was the right course.
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Councilmember Benson asked if the contract was for the same amount the
City had been paying.
MR. MOGENSEN answered no, because additional carts are included in the
proposed lease. He said they were operating short on the number of carts
in recent years. Historically, they used approximately ten additional carts
due to usage and the battery starting to give out in the last year of the
agreement, so for operational purposes they were short on carts. Further
responding, he said Club Car Inc. provides maintenance and replaces
batteries as required.
Councilman Spiegel asked if the funds for the lease in Desert Willow's
budget.
MR. MOGENSEN answered yes.
Mayor Pro Tem Ferguson inquired about the rough gross revenues for golf
operations alone per annum.
MR. DARRELL SOUZA, Director of Golf at Desert Willow Golf Resort, Palm
Desert, responded it was about $6.5 million a year. He confirmed this was
about an output of $205,000 for the golf carts. He said the lease also
encompassed fleet cars and shuttle vehicles used fortransporting customers
to and from Starwood and Intrawest Properties. He said additional vehicles
are being integrated for the growth of the facility.
MR. MORGENSEN added it also included beverage carts, which are used
at the golf course for providing products and services.
Councilman Kroonen stated he assumed when people went to play golf a fee
is paid to use the carts.
MR. SOUZA said golf fees included the use of the cart as part of the
package, and that revenues were used to offset expenses.
Councilman Spiegel stated the Finance Committee reviewed this issue and
was in agreement with the recommendation. The Committee was informed
that Desert Willow was getting a lot of action from the new Westin
Timeshares, which meant golf rounds were up.
MR. SOUZA answered yes, stating the City will see the facility grow with the
additional units, and the demand for Desert Willow services will increase in
the coming years as the economy recovers.
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Councilman Spiegel moved to, by Minute Motion, approve the subject Lease
Agreement with Club Car, Inc., for golf carts at Desert Willow Golf Resort in the amount
of$829,850.56 (includes tax and interest)—funds are available in Golf Course Expenses,
Account No. 520-4195-495-8091. Motion was seconded by Ferguson and carried by a 5-0
vote.
G. CONSIDERATION OF A RENOVATION PLAN FOR FIRE STATION NO. 33
' AND FIRE STATION NO. 71 (JOINT CONSIDERATION WITH THE
PALM DESERT REDEVELOPMENT AGENCY).
Mr. Aryan noted the staff report and offered to answer questions.
Councilmember/Member Benson stated she was surprised the renovations
hadn't been done sooner, because based on the deterioration of the facility,
it appeared no annual maintenance was provided, which prevented these
things from happening.
Councilmember/Member Benson moved to, by Minute Motion: 1) Approve the
Renovation Plan and Priorities recommended by the Palm Desert Fire Department (Cal
Fire)for Fire Station No. 33 and Fire Station No. 71; 2) authorize staff to issue a Request
for Proposal (RFP)for Architectural Services Related to the Comprehensive Design of the
Proposed Station Renovations(Contract No. C30300). Motion was seconded by Ferguson
and carried by a 5-0 vote.
H. REQUEST FOR CITY COUNCIL DIRECTION REGARDING PLACEMENT
OF"HOPPY'S CREED"SIGNS ALONG THE HOPALONG CASSIDY TRAIL
IN THE CITY.
Senior Management Analyst Ryan Stendell noted the staff report and offered
to answer questions.
Mayor Pro Tem Ferguson asked if there was a trail subcommittee as part of
the Parks and Recreation Commission.
Councilman Spiegel answered no.
Mayor Pro Tem Ferguson stated he knew hiking trails was listed as the
number one or two priorities on the City's survey of residents on what they
would like to see more of in Palm Desert.
Mayor Finerty stated she thought Phill Babcock was appointed to a
committee associated with trails.
Mr. Stendell responded Mr. Babcock's appointment was associated with the
California Association of Governments (CVAG). He recalled Mr. Babcock
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mentioning he hadn't been contacted and/orthatthe group nevergot started,
but he can look into it.
Mayor Pro Tem Ferguson stated it's been observed by people that like to
hike,that installing ten signs on a trail would defeat the purpose of having the
trail in the first place, which was to get away from signs.
Councilman Spiegel commented they would also look like BurmaShave
signs. He was told by the City Manager that a kiosk was being built and all
the trails could be listed in it, which he preferred.
Mayor Pro Tem Ferguson would like to refer this matter to active trail users
in the community for their advice on whether the benefits of this signage
program would out weigh the impacts. He said he didn't know enough on the
matter, but thought installing ten signs on a rustic trail to enjoy the wilderness
probably defeated its purpose.
Councilmember Benson stated some of the recommendations were not to
have them all along the trait, but at the beginning or end of the trail. She
suggested having a committee that included Councilman Kroonen, because
he hiked up there, along with members from the Friends of the Mountains,
to see where they would like the signs installed. She said the Council agreed
to do this in 2004, but it got lost in the cracks. She said the committee can
select the best signs and determine the cost,which could be taken out of the
Parks and Recreation fund and not the City fund.
Mayor Pro Tem Ferguson asked Councilmember Benson if she was
amenable to including members from the Mountains Conservancy, since
they assisted in acquiring many of those parcels.
Councilmember Benson answered yes.
Councilman Spiegel stated he didn't recall the Council agreeing to this and
asked if there were minutes to support it.
Mr. Stendell stated as far as he could go back in Council minutes, this issue
was never acted on by the City Council. However, he did share the same
recollection of Councilmember Benson that this was an idea that was floating
around when the City had the grand opening of the Hopalong Cassidy Trail
at Homme Adams Park. He said the matter was never before the City
Council as a formal action, but the idea did surface, and he was now trying
to pick up the ball and move forward with it.
Mayor Pro Tem Ferguson asked if a new committee was form, if that group
can present this issue to the Council as a new recommendation.
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Mr. Stendell answered yes.
Councilman Kroonen stated he felt there was still more presentation
available by staff that would be instructional for him to hear. He admitted he
had already reached some of his own conclusions, because he went out to
the site yesterday; Mr. Greenwood and Mr. Wohlmuth were kind enough to
drive him there, which peaked his interest and went back this morning. He
said there were 35 vehicles parked along the road at 9:30 a.m., so there was
a lot of use of the trail. He said he would like to hear what staff had to say
before the Council jumped into any further conclusions.
Mr. Stendell displayed the most popular entry to any trail in the City of Palm
Desert, which is also the end or the beginning of the Hopalong Cassidy Trail,
and at that location is a kiosk that houses information on three of the trails
that are named after people. He said this kiosk was fairly removed from the
rest of the Randall Henderson and Herb Jeffries Trail, and the thought was
to have the panel revised to include Hopalong Cassidy Trail with the
information that's already given and then add the creed, which could be an
option as indicated in the staff report to install a sign at the beginning and at
the end of the trail. On the south end, the same treatment and design of the
kiosk could be installed, but staff had to work with the Bureau of Land
Management(BLM) on the federally owned property. He said the Art Smith
Trail is on Federal Land, but the City had a good working relationship with
them that it can easily be achieved. He said these were some of the
solutions staff looked into aside from the idea of placing ten signs at equal
intervals throughout the trail system. Further responding, he said the cost
on this proposal was minimal, which included a little bit of design work to
revise the panel, but it would be less than one-thousand dollars, and the
funds to outfit the existing kiosk was already in this year's budget.
Councilmember Benson stated that before any funds are allocated or
whatever the Council decided, it should install something permanent,
because Palm Desert didn't do anything that was sleazy or anything that will
blow over with the wind or be vandalized. She said a committee can decide
on what it will be and the cost.
Mayor Finerty stated the staff report referenced that sometimes signs were
vandalized,which was something that needed to be taken into consideration.
Mr. Stendell stated many of the incidents with vandalism revolved more
toward regulatory signs, especially where you can and can't take a dog.
Mayor Pro Tem Ferguson stated he was concerned that much had been
vested in the hillsides and a lot of work went into this report, yet there was no
formal recollection of taking action on signage, no committee, no process, or
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a Council subcommittee overseeing the City's trail system, which amazed
him. He was in favor of Councilmember Benson's suggestion to form a
committee to refer things like this and be a steward of recommendations to
the Council. He said the amount of staff time spent on these types of issues
really ought to come from the Council and up through the community and
through a committee before it appears on the agenda.
Councilmember Benson moved to, by Minute Motion, refer the matter back to staff
for establishment of a specific committee to consider the placement of "Hoppy's Creed"
trail signs along the Hopalong Cassidy Trail and make a recommendation back to the City
Council. Motion was seconded by Ferguson and carried by a 5-0 vote.
XV. CONTINUED BUSINESS
None
XVI. OLD BUSINESS
A. REQUEST FOR AWARD OF CONTRACT FOR DESIGN SERVICES TO
FEHR & PEERS IN THE AMOUNT OF $76,497.74 FOR THE MONTEREY
AVENUE SIGNAL SYNCHRONIZATION PROJECT WITH THE CITY OF
RANCHO MIRAGE (CONTRACT NO. C29950B, PROJECT NO. 555-10).
Responding to question, Transportation Engineer Mark Diercks said this
synchronization was on Monterey and Dinah Shore. He said the City had
systems now on Highway 111 and Washington Street, and the last one was
on Fred Waring Drive and Country Club Drive.
Mayor Pro Tem Ferguson asked if this was part of the old mid-valley parkway
planning effort.
Mr. Diercks said he didn't believe so, and it was probably Dinah Shore Drive
the one Mayor Pro Tem Ferguson was referring to.
Mayor Pro Tem Ferguson commented it was hard to vote against moving
traffic efficiently through the City. Councilman Spiegel agreed.
Mayor Pro Tem Ferguson moved to, by Minute Motion: 1) Award the subject
contract for Design Services for the Monterey Avenue Signal Synchronization Project to
Fehr& Peers, Riverside, California, in the amount of $76,497.74; 2) authorize the Mayor
to execute said contract—funds are available in Account No. 234-4594-422-4001 -Traffic
Signal Coordination — no General Fund money is being used for this project. Motion was
seconded by Spiegel and carried by a 5-0 vote.
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XVI1. PUBLIC HEARINGS
A. CONSIDERATION OF THE VACATION OF PORTIONS OF FRED WARING
DRIVE AND ALASKA AVENUE RIGHTS-OF-WAY (City of Palm Desert,
Applicant).
Mayor Finerty declared the public hearing open and invited public testimony in
FAVOR of or in OPPOSITION to this matter. With no testimony offered, she
declared the public hearing closed.
Councilman Spiegel moved to waive further reading and adopt Resolution
No. 2010 - 81, vacating portions of Fred Waring Drive and Alaska Avenue Rights-of-way.
Motion was seconded by Kroonen and carried by a 5-0 vote.
B. CONSIDERATION OF THE ANNUAL REPORT OF CALCULATION OF
GOVERNMENT CODE 66006- DEVELOPMENT IMPACT FEES FOR THE
CITY OF PALM DESERT.
Mayor Finerty stated the City Attorney requested this item to be continued
and questioned whether to open the public hearing.
Mr. Deitsch responded the Mayor could do so if she wished.
Mayor Finerty declared the public hearing open and invited public testimony in
FAVOR of or in OPPOSITION to this matter. With no testimony offered, she
declared the public hearing closed.
Mayor Pro Tem Ferguson moved to, by Minute Motion, continue this matter to the
meeting of November 18, 2010. Motion was seconded by Spiegel and carried by a 5-0
vote.
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
1. A�c uatic Center — Mr. Wohlmuth referred back to the report he
provided previously in this meeting under Section XIV - New
Business, Item B-Award of Contract for Material Testing and Special
Inspection Services for the Aquatic Center to Converse Consultants,
regarding the layer of clay encountered by the general contractor
during excavation work on the project.
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2. Southern California Edison(SCE�Work—Mr.Wohlmuth reported that
during the period of November 1 - 19, SCE will be making a
substantial improvementto theirelectric system on MontereyAvenue,
which will result in opening of the road during that time. The City has
been working closely with SCE and asked that the work be done now
instead of after Thanksgiving in the holiday season, with the affected
area being Monterey Avenue just north of Fred Waring Drive, all the
way through Fred Waring Drive. The street will be open for those 19
days and southbound traffic will be limited to one lane.
B. CITY ATTORNEY
None
C. CITY CLERK
1. Reminder of the Next City Council and Redevelopment Agency
Meetings to be Held on Thursday, November 18, 2010, at 3:00 p.m.
Ms. Klassen reminded City Council Members of the schedule due to
observance of the Veterans Day Holiday two weeks from today on
November 11, and Councilmembers so noted.
Mayor Finerty reminded everyone about the City's Veterans Day
Celebration to be held that morning at 11:00 a.m. at Freedom Park.
D. PUBLIC SAFETY
o Fire Department
None
o Police Department
None
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
None
o City Council Consideration of Travel Requests and Reports:
None
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o City Council Committee Reports:
1. SunLine Transit Agencx — Councilman Spiegel reported that
for the first time last year, SunLine initiated a program to fill a
bus with food for the needy, and 80 tons were collected. This
year they would host the same outreach on November 18; one
stop will be in Palm Desert, Costco being the likely location.
Half of the food received will go to FIND (Food In Need of
Distribution)and the other half will be given to Shelter From the
Storm.
2. Art In Public Places (AIPP) Commission — Councilman
Kroonen commented that as the newly appointed Council
liaison to the AIPP Commission, he had the first opportunity to
attend a meeting last week. He was absolutely astounded at
the amount of great work being done in that area, having
fol(owed the progression of public art in the community since
its inception. He commended the Commission, Public Art
Coordinator Deborah Schwartz, and Public Arts Technician
Debbie Thompson all for their work. Further, he reminded
everyone that a new EI Paseo Invitational Exhibition was in the
process of being installed and encouraged all to visit the street
and the new art.
o City Council Comments:
1. Chamber of Commerce—On behalf of the City Council, Mayor
Finerty thanked the Chamber for the Golf Cart Parade shirts
presented to City Councilmembers, which will be worn with
great pride on Sunday.
. 2. Aspen Accord — Mayor Pro Tem Ferguson reported that
tonight was the first night of the Aspen Accord Meeting, the
Energy Summit being held in Palm Desert this year regarding
Feed-in Tariff for the Coachella Valley. Dinner tonight would
be held in one of Palm Desert's restaurants, the meeting will
be held at Bighorn, and additional festivities will be held
throughout the City during the event. Palm Desert looked
forward to serving as host this time and hoped participants
would return to the City many times.
Mayor Pro Tem Ferguson also thanked the Chamber of
Commerce for the Golf Cart Parade shirts and noted that
when he attended the Electric Vehicle Rally last weekend, he
was pleased to see a renewed interest in the emergent
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technology and alternative street vehicles powered by
electricity. As a result, he felt this year's Golf Cart Parade
would benefit from much greater exposure, especially to
highlight the City's Golf Cart Lanes.
Mayor Finerty added that tonight's Aspen Accord dinner was
originally scheduled at a Rancho Mirage restaurant, and City
officials took quick action to get it relocated to a Palm Desert
establishment.
3. Earthquake Preparedness Presentation — Councilman
Kroonen commented that he attended the Presentation by Risk
Manager Gary Rosenblum last week in the Council Chamber.
He was very impressed with both the presentation and the
turnout and commended Mr. Rosenblum for the fine job.
4. Michoacan Concert — Councilmember Benson said she had
the pleasure of representing the City Council last Saturday
night at the Michoacan Concert. She said the Michoacan area
was adjacent to Palm Desert's Sister City of Zihuatanejo, and
the performers brought a plaque dedicated to former City
Manager Carlos Ortega, which will be installed in the Civic
Center Park Amphitheater. She said the group was very
excited about making the presentation, and it was a very nice
tribute to Mr. Ortega.
XIX. ADJOURNMENT
Upon a motion by Spiegel, second by Kroonen, and 5-0 vote of the City Council,
Mayor Finerty adjourned the meeting at 5:11 p.m.
CINDY FINERTY, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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