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HomeMy WebLinkAbout2008-10-09MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 9, 2008 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Benson convened the meeting at 3:05 p.m. II. ROLL CALL Present: Councilmember Cindy Finerty Councilman Richard S. Kelly Mayor Pro Tem Robert A. Spiegel Mayor Jean M. Benson Excused Absence: Councilman Jim Ferguson Also Present: Carlos L. Ortega, City Manager/RDA Executive Director Stephen P. Deitsch, Assistant City Attorney Sheila R. Gilligan, ACM for Community Services Homer Croy, ACM for Development Services Justin McCarthy, ACM for Redevelopment 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 David Yrigoyen, Director of Redevelopment & Housing Jorge Rodriguez, Battalion Chief, Palm Desert Fire/Riverside. Co. Fire/Cal Fire Daniel Wilham, Chief, Palm Desert Police/Riverside Co. Sheriffs Dept. Andy Shouse, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept. Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APN 628-120-001 Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: John McCormick Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Indian Springs, LTD., v. City of Palm Desert, et al., Riverside County Superior Court, Case No. INC053903 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 With City Council concurrence, Mayor Benson adjourned the meeting to Closed Session at 3:06 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. Mr. Deitsch reported that just prior to this open session, the City Council and Redevelopment Agency Board met in Closed Session in order to discuss all of the items listed on the respective Posted Agendas under Closed Session; however, the City Council did not discuss the two litigation items listed under Government Code Section 54956.9(b)(1). With respect to all the items that were considered, he said there was no reportable action. VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Mayor Pro Tem Robert A. Spiegel VII. INVOCATION - Councilman Richard S. Kelly 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008 VIII. ORAL COMMUNICATIONS - B MR. MICHAEL BARNARD, resident of Palm Desert and CEO of Desert Samaritans for the Elderly, addressed the City Council to express thanks for the $5,000 Outside Agency Funding Grant awarded to Desert Samaritans, which was the first time the organization had been awarded this City grant. He said it couldn't have come at a better time, given the current tough economic situation for everyone, especially seniors who are living on fixed incomes or have actually lost their jobs recently. Requests for assistance to the Desert Samaritans were up 65% over last year, and in August they helped over 310 people, 61 of which were Palm Desert residents. Further, he said Palm Desert was the #1 city for clients they help throughout the Coachella Valley, including paying rent, utilities, groceries, medications, and home repairs, and he reiterated his organization's appreciation for the funding. MR. JIM THOMPSON, La Quinta, CA, stated his company was the general partner of a limited partnership formed to construct 16 homes near the intersection of Frank Sinatra Drive and Portola Avenue. Following their purchase of the property in 2005, they processed a Subdivision Map through the City and recorded a Final Map for 16 lots. Upon completion of rough grading, they realized that the real estate market was deteriorating; so they stopped construction, fenced the property, and hoped for a better day. He said that for several months the City's Engineering Department has made demands upon their partnership that they improve the offsite improvements per terms of the Subdivision Improvement Agreement; but they had repeatedly explained that funds were not available, and they were unable to borrow in this economic climate in order to complete the improvements per the City's requirements. He thought he had a verbal agreement with Mr. Ortega, providing that if his partnership cleaned up, patched the street, and moved the fence, the City would agree to extend the Subdivision Improvement Bonds for two years, and they would be happy. He had even signed an agreement put forth by Best, Best & Krieger and sent it in. But it seemed like no matter how often he told the Engineering Department that he didn't have the funds to do what it required, they would not sit down and talk with him, nor would they yield on what they wanted him to do. Therefore, it was a stalemate; and he felt coming forward to the City Council at this time was in order, because it would probably be more reasonable to deal with. He went on to explain that they had fenced their property, the fence extends about 20 feet into Shepherd Lane and the length of the property (300 feet). They put the fence up because when the property adjacent to them was under construction, all of its laborers were parking on their site and storing materials there, and it was a liability issue. He said no one said anything for quite a long time, but now that their bonds were about to expire, of which they were aware, demands were being made of them that they simply could not meet. He asked the City Council if it could intervene on everyone's behalf. He was willing to remove the fence, dig out dirt that's in the street on Shepherd Lane, and they were willing to put in a reasonable base material (three inches with two inches of asphalt), and it would be 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008 perfectly suitable for neighborhood traffic; however, they could go no further than that. Mayor Benson thanked Mr. Thompson for coming forward and asked staff to set up a meeting with him to see what could be worked out. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING OCTOBER 2008 AS "NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Benson presented the framed proclamation to Shelter From the Storm Executive Director Lynn Moriarty and quoted some of the statistics from the proclamation, including that Riverside County has the fourth largest reported incidence of domestic violence in the State of California. She noted that Ms. Moriarty was a tireless advocate for the victims of domestic violence. MS. MORIARTY expressed appreciation to Mayor Benson and the City for all of its support of Shelter From the Storm and the women and children it serves. B. PRESENTATION TO RECOGNIZE PALM DESERT YOUTH SPORTS ASSOCIATION'S "TOROS" TRAVEL BASEBALL TEAM FOR WINNING THE COOPERSTOWN ALL-STAR VILLAGE NATIONAL CHAMPIONSHIP, JUNE 21-26, 2008. On behalf of the City Council Mayor Benson, with the assistance of Senior Management Analyst Pat Scully, expressed the City's tremendous pride in the prestigious accomplishment of the Toros and presented certificates of recognition and Palm Desert baseball caps to all of the members: Jacob Alvarez, Kelly Arcand, Christian Davis, Clayton Fisher, Garrett Fisher, Drew Helmstadter, Damion Hernandez, Jearl Jesson, Brody Kato, Nathan Munoz, Brian Serven, and Coaches David Kato (Head Coach), Scott Fisher, Mike Munoz, and Jack Davis (Assistant Coaches). COACH KATO thanked the team members, their parents, Assistant Coaches, and City Parks and Recreation Services Manager Janis Steele for her assistance with all youth sports activities, particularly the Toros. He then made a presentation of a picture plaque commemorating the Toros' Championship to Mayor Benson for the City. He also presented a picture plaque to Richard Weintraub, President of the Palm Desert Youth Sports Association, in appreciation of all his support. Toros Team Members presented commemorative lapel pins to City Councilmembers and staff. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008 C. PRESENTATION TO RECOGNIZE RIVERSIDE COUNTY SHERIFF'S DEPARTMENT LIEUTENANT FRANK TAYLOR FOR HIS YEARS OF SERVICE TO THE CITY OF PALM DESERT AND ITS POLICE DEPARTMENT. On behalf of the City Council, Mayor Benson presented an engraved marble plaque to Lieutenant Taylor, in appreciation for his years of service to the Palm Desert Police Department, the last two as its Assistant Chief of Police. She added that the City was all the better for his service and that it was always a bittersweet moment when officials in the City's Police Department, contracted from the Riverside County Sheriff's Department, moved on to other assignments. Mr. Ortega expressed his appreciation and said he, too, would miss Lt. Taylor as he moved on, noting that the Palm Desert Substation of the Riverside County Sheriffs Department serves the Cities of Rancho Mirage, Palm Desert, and Indian Wells, as well as the surrounding unincorporated areas of Riverside County. He noted that as Palm Desert's Assistant Chief of Police, Lt. Taylor had been part of the City's Executive Management Team and, therefore, its direct Zink to the County Sheriff's Department, which was particularly beneficial to the City. LT. TAYLOR said he had always been proud of being a Palm Desert resident; of the 25 years he'd been in law enforcement, it was a privilege to have served Palm Desert's Police Department for the last 15, most recently as its Assistant Chief of Police. He thanked the Mayor, City Council, Mr. Ortega, Executive Management Team, and City staff for all their assistance while he served Palm Desert, for all he'd learned and been able to assist with in such a well -run City. D. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT/ PALM DESERT REDEVELOPMENT AGENCY EMPLOYEES FOR EXCEPTIONAL SERVICE - SEPTEMBER 2008 On behalf of the City Council, Mayor Benson and Mr. Ortega recognized the following employees for their exemplary service to the City: Art Contreras and Francisco Torres. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of September 25, 2008. Rec: Approve as presented. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008 B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 66, 67, 71, 72, 76, 77, and 82. Rec: Approve as presented. C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months of July 2008 and August 2008 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Fregoso Imports, 74-818 Velie Way Warehouse #2, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Kabobz Mediteranean [sic] Restaurant & Market, 72-695 Highway 111, Suite A6, Palm Desert. Rec: Receive and file. F MARKETING COMMITTEE MINUTES for the Meeting of July 15, 2008. Rec: Receive and file. G. REQUEST FOR APPROVAL of Contract with D. W. Nicholson, LLC, d.b.a. Desert Building Services to Perform Janitorial Services at the Henderson Community Building for One Year (Contract No. C22160A). Rec: By Minute Motion, approve the subject contract with D. W. Nicholson, LLC, d.b.a. Desert Building Services, Rancho Mirage, California, in the amount of $16,200 to perform janitorial services for the Henderson Community Building for one year — funds are available in Account No. 510-4195-495-3310. H. REQUEST FOR APPROVAL of Amendment No. 1 to Contract No. C26561 — Landscape Maintenance Area No. 9 (Project No. 909-08). Rec: By Minute Motion, approve Amendment No. 1 in the amount of $31,875 to the subject contract with Hort Tech, Inc., Palm Desert, California, to add the Eric Johnson Garden II and the Henderson Building Landscapes at Entrada del Paseo, and authorize the Mayor to execute same — funds are available in Account No. 110-4614-453-3370. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008 I. REQUEST FOR APPROVAL of Amendment No. 1 to Contract No. C27820 — Maintenance of the Civic Center Lagoon and Entrada del Paseo Water Feature. Rec: By Minute Motion, approve Amendment No. 1 in the amount of $765 to the subject contract with Southwest Aquatics, Inc., Palm Desert, California, to add monthly service of the new water feature at Entrada del Paseo and authorize the Mayor to execute same — funds are available in Account No. 110-4614-453-3370. J. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C27320 — Replacement of Floor Tile at the Parkview Office Complex Buildings (Temalpakh, Inc., d.b.a. The Works Floor and Wall, Cathedral City, 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. K. REQUEST FOR APPROVAL of Mr. Steve Garvey as the 2009 Legends Field Honoree. Rec: By Minute Motion, approve the Palm Desert Parks & Recreation Commission recommendation of Mr. Steve Garvey as the 2009 Legends Field Honoree. L. REQUEST FOR APPROVAL of Recommendation for Park Name at Palm Desert Middle School. Rec: By Minute Motion, approve the Palm Desert Parks & Recreation Commission recommendation of "Magnesia Falls City Park" as the name of the Park at Palm Desert Middle School. M. REQUEST FOR AUTHORIZATION to Refund Permit Fees Collected Between July 1-11, 2008 (Sinatra & Cook Project, LLC, Applicant). Rec: By Minute Motion, authorize the refund of permit fees collected between July 1-11, 2008, in the amount of $148.96, as shown in the accompanying staff report's Exhibit "A." 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008 N. INFORMATIONAL ITEMS: 1. Report on Media Placements and Public Relations Activities From Nancy J. Friedman Public Relations. 2. Update on City Disaster Planning and Emergency Response. Rec: Receive and file 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 A. RESOLUTION NO. 08-92 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEW FEE FOR PROCESSING AN ENTERTAINMENT APPLICATION CONSISTENT WITH THE ENTERTAINMENT ORDINANCE. Principal Planner Tony Bagato stated the Entertainment Ordinance was approved in June 2008, and staff proceeded to prepare an Entertainment Application. In establishing a fee for the Application, it was found that charging for staff time would be costly. Fees from other cities were compared, and staff learned that Special Event Permits ranged from $75 to $229, and the Permanent Entertainment Permit ranged from $300 to $600. Therefore, staff was recommending a flat fee of $150 for Special Events and $300 for a Permanent Site Plan. Responding to question about the fee, he said the City previously didn't have a formal entertainment application or fee, it was handled under a Temporary Use Permit that cost $84. In response to Councilmember Finerty's question about whether or not an application fee was contemplated when Council approved the Entertainment Ordinance, Mr. Bagato responded the Ordinance indicated a fee would be established by Resolution for the new application, but the fee was unknown at that time. Mayor Pro Tem Spiegel stated he didn't want to charge people anything these days, because times were hard enough. He personally would prefer to continue this matter until the Council had a better idea of where the City was headed in this economy. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008 Councilmember Finerty was opposed to charging a fee in concept, because it seemed to be part of the City's job. When the Ordinance was approved, she was so focused on the type of music and how loud it would be, that she didn't notice the fee portion; otherwise, she would have brought it up. She thought it was something staff needed to do as part of government and would be opposed on any count. Mr. Bagato recommended that a No -fee application be adopted, and if it was desired in the future, a fee could be adopted at that time. He knew there were upcoming events in November, and people will be applying for a Temporary Special Event Permit. He said the City needed to have an application in place; a fee was usually associated with an application. Responding to question, he said the City currently had a fee for a Temporary Use Permit (TUP), but the Entertainment Permit was a whole new, separate application. However, the fee could be set the same as a TUP, which he believed was $53. He said all applications had a fee, i.e., Sign Permit was $75, and Banner Permit was $26. He said the proposed applications didn't exist previously. Mayor Pro Tem Spiegel moved to continue this matter until Council had a chance to evaluate the economy. Motion was seconded by Kelly. Mayor Benson stated if Council decided that a fee would be considered at a later time, she thought a deposit on the applications should be considered now, in case something went wrong, such as people not cleaning up after events. Mayor Pro Tem Spiegel responded staff was going to continue to charge what it currently was charging, which was $53 for a single event. Mr. Bagato pointed out that $53 was the charge for a Temporary Use Permit, but the proposed Application was not a TUP, it was a new application process. Mr. Ortega suggested instead of the amount recommended by staff, that the amount currently being charged be inserted in the Resolution. Mayor Pro Tem Spiegel reiterated that he wanted the item continued until next year. Councilman Kelly concurred. Mr. Deitsch stated that for the benefit of staff, he needed clarification. He called attention to the proposed Resolution that listed a fee of $150 for the Temporary Entertainment Special Event Permit, which Council no longer wished to charge, and it also listed $300 for an Entertainment Site Plan. It was his understanding that Council wished to change the $150 fee to $53, 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008 because that's what was currently being charged. He asked if there was anything Council wished to do with the Entertainment Site Plan. Responding to question about the current fee for the Entertainment Site Plan, Ms. Aylaian said the City currently didn't have a set fee. She said the proposed application was for established businesses that offered entertainment on a regular, ongoing basis, which wasn't covered by a permit previously. Mayor Pro Tem Spiegel stated he thought it should be left alone, because businesses with entertainment were required to obtain a liquor license and paid for it anyway. Mr. Deitsch asked Mayor Pro Tem Spiegel if his motion was to adopt the Resolution providing a $53 fee for a Temporary Entertainment Special Event Permit and not deal with a fee for the Entertainment Site Plan. Mayor Pro Tem Spiegel replied the intent was to leave whatever the City currently had alone, continue this matter to a date uncertain, and return it to Council whenever it made sense to do so. Mr. Deitsch stated the $53 fee needed to be established, which would be the motion. He said the motion would be one fee for the Temporary Entertainment Special Event Permit, and the other part of the motion would be separate from adopting the Resolution, which would be brought back for further consideration at a later date. He asked if Council wish to ask staff for a specific date to bring back to Council. Mayor Pro Tem Spiegel responded it could be reviewed after January 1, 2009. Ms. Aylaian stated the second permit would be fee -free, but staff would still issue the permit. Mayor Pro Tem Spiegel agreed. Mayor Pro Tem Spiegel moved to waive further reading and adopt Resolution No. 08-92, as amended, with a $53 fee for the Temporary Entertainment Special Event Permit and the Entertainment Site Plan being fee -free; 2) by Minute Motion, direct staff to bring the issue of Entertainment Application Fees back for further consideration after January 1, 2009. Motion was seconded by Kelly and carried by a 4-0 vote, with Ferguson ABSENT. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008 XIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1167 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 1130 AND AMENDING SECTION 10.36.010 OF TITLE 10 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, RELATIVE TO SPEED ZONES. Councilman Kelly moved to waive further reading and adopt Ordinance No. 1167. Motion was seconded by Finerty. Responding to question, Mr. Deitsch confirmed that Mayor Pro Tem Spiegel was allowed to vote on this item even though he wasn't present for the first reading of the Ordinance. Ms. Klassen announced the motion carried by a 4-0 vote, with Ferguson ABSENT. B. ORDINANCE NO. 1168 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING ITS ORDINANCE NO. 401 AND PROVIDING FOR THE DESIGNATION AND PRESERVATION OF HISTORIC SITES AND DISTRICTS, CREATING A CULTURAL RESOURCES PRESERVATION COMMITTEE, REQUIRING CERTAIN CONSTRUCTION AND ALTERATIONS TO BE APPROVED BY THE CULTURAL RESOURCES PRESERVATION COMMITTEE, AND PROVIDING PENALTIES FOR VIOLATION. Councilmember Finerty moved to waive further reading and adopt Ordinance No. 1168. Motion was seconded by Kelly and carried by a 4-0 vote, with Ferguson ABSENT. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008 XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF AN EMERGENCY GRANT OF $100,000 TO FIND FOOD BANK, INC. Mr. Ortega noted his staff report with recommendation, and a letter from President and CEO of FIND Food Bank explained how the current economic situation was overwhelming the organization with regard to requests for food. He said the organization was already provided $100,000 and would be asking other cities to contribute. Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Approve an emergency grant of $100,000 to FIND Food Bank, Inc., Cathedral City, California, for the purpose of purchasing food for Valley residents; 2) appropriate $100,000 from the Unobligated General Fund for this purpose. Motion was seconded by Kelly. Mayor Benson commented that this issue was taken up at Regional Access Project for the Coachella Valley (RAP), where FIND also requested $100,000. Over the past two or three years, RAP gave over $250,000 to FIND; however, RAP also found it very difficult to get figures from FIND. She said finding food and feeding the hungry were two different things; no one wanted to see anyone go hungry, RAP didn't either; so it finally approved $50,000 upon approval of the vouchers showing what was purchased with the funds. She proposed that the City do the same. Councilmember Finerty agreed that no one wanted anyone to go hungry in these economic times; but at the same time, the City needed to watch the budget and its spending. In light of the fact that the City donated $100,000 in 2007, it would be prudent to give $50,000 at this time, but reclassify the accountability as to how the funds are spent for food. Mayor Pro Tem Spiegel disagreed. He said the number of people that lined up in Indio and at Saint Margaret's Cellar showed the need was there, and that food came from FIND Food Bank. He said FIND was a wonderful organization that took care of everyone in the Coachella Valley who was in need. Councilmember Finerty stated there wasn't any dispute that FIND was a wonderful organization, and it was a noble cause. However, this was about appropriating $100,000 from the City's unobligated General Fund, which was money that was not budgeted. She said there was a policy in place where funds could be requested through an application process with the Outside Agency Funding Committee or Community Block Grant. She would like to see FIND go through the process like all the other groups that came to the City for money. She would agree to a $50,000 donation, because it was her 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008 understanding that Indian Wells and the Bob Hope Classic had each given $100,000, which would be a total donation of $250,000. She said when the economy improved, Council could then see where things stand. Councilman Kelly said $100,000 wouldn't go very far and believed the City's budget could withstand it, considering the times and the amount of people in need, which included children who were not getting proper nourishment. He said $100,000 would be a huge difference for the people and a minute part of the City's budget. He personally would vote in favor of $100,000, but added that he thought it would also be appropriate to get a report back from FIND. MR. SAM HOOK, President and CEO of FIND Food Bank, Inc., responding to earlier comment, said FIND had talked to the City of Indian Wells about requesting a $100,000 donation but had not received any funds yet. He said last year the City responded to the "Freeze of January 2007," when several thousand people were put out of work. At that time, he said FIND was fortunate to receive $100,000 from Palm Desert, $100,000 from the Bob Hope Chrysler Classic, and 500,000 pounds of food from the State. The current crisis was 21% over that of the Freeze;122,000 people were served in April. He said FIND worked with 90 agencies that received food to feed the hungry in the community, many of which the City was well aware of, i.e., Shelter from the Storm, Martha's Kitchen, Well in the Desert, Boys and Girls Clubs, and Salvation Army. He acknowledged that this was an unusual request in these unusual times; FIND was not getting 500,000 pounds of food from the State this year but still had 21% more people asking for help. Therefore, he respectfully requested that the Council again view themselves as part of a larger community and help those less fortunate in these difficult times. He offered to answer questions. MR. JIM HOUSTON, in answer to earlier comment, stated that FIND's budget this year was $825,000, and it was expected to deliver nine million pounds of food, demonstrating that the money was well spent. Mayor Benson reiterated that FIND was a great organization that distributed food, but the City didn't know who was getting it. She said accountability was repeatedly requested; noting that, in fact, a similar organization, Hidden Harvest, was currently working on an accountability program to prove that it was serving the Coachella Valley. She was comfortable approving $50,000 now, because she didn't know what would happen when the weather gets colder, what would happen with the economy, or whether or not FIND would later be requesting an additional $100,000. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008 Mayor Benson called for the vote, and the motion received NO ACTION on a 2-2 vote, with Kelly and Spiegel voting AYE, Finerty and Benson voting NO, and Ferguson ABSENT. Councilmember Finerty moved to, by Minute Motion: 1) Approve an emergency grant of $50,000 to FIND Food Bank, Inc., Cathedral City, California, for the purpose of purchasing food for Valley residents, subject to FIND providing appropriate accounting of how the funds and food were disbursed, and with the understanding that the issue would again be considered in six months; 2) appropriate said funds from the Unobligated General Fund for this purpose. Motion was seconded by Benson and carried by a 4-0 vote, with Ferguson ABSENT. B. REQUEST FOR APPROVAL OF A PURCHASE ORDER IN THE AMOUNT OF $60,000 WITH LEADERSHIP DEVELOPMENT ASSOCIATES FOR LEADERSHIP TRAINING FOR CITY STAFF. Mr. Ortega noted the City had a great training program for managers and other employees, and this item was to continue the program. Councilmember Finerty noted the program was budgeted, and she appreciated staff providing the accounting information in the staff report. Councilmember Finerty moved to, by Minute Motion, authorize the City Manager to enter into a purchase order with Leadership Development Associates in the amount of $60,000 for leadership training for City staff — funds are available in Account No. 110-4154-415-3121. Motion was seconded by Kelly and carried by a 4-0 vote, with Ferguson ABSENT. C. REQUEST FOR APPROVAL OF REVISED SCOPE OF WORK FOR THE CIVIC CENTER EAST PHASE CARPORTS/SOLAR SYSTEM TO A DESIGN -BUILD STRUCTURE AND ADDING 29 PARKING SPACES TO THE ORIGINALLY APPROVED PROJECT (CONTRACT NO. C28230). Responding to question, Senior Management Analyst Ryan Stendell confirmed that through the White Paper budget process, funds were allocated for the 28 spaces directly adjacent to the State building, and at this time staff was requesting to expand the project to the furthest row east at the CVAG building. Further responding, he said staff was looking at taking small steps, starting with the proposed location. For the following year, he was working with Landscape Manager Spencer Knight on a tree relocation for possibly the next phase of the carport project. Councilmember Finerty noted the staff report was requesting appropriation of an additional $625,000 from the Unobligated General Fund and wondered what the urgency was, given the current economic situation. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008 Mr. Stendell responded staff saw a significant cost savings per stall when a project was done on a design -build basis. Originally, the intent was to have the additional parking spaces done next year or the year after, but staff decided to accelerate the project by lumping one design -build for a larger cost savings this year. Councilmember Finerty asked if it would be prudent to put this project off another year, with the current economic situation. She thought $13,000 to $15,000 per space was pricey and would require appropriating $625, 000 that was not budgeted. Energy Project Technician Benjamin Druyon stated he was working with Mr. Stendell on this project and noted there was a California Solar Initiative Rebate that would provide a $2.20 per watt rebate to the City, which would be approximately a $220,000 savings to the City, but it needed to act now because the rebate decreased every year. Further responding, he said he didn't know how much the rebate decreased. In response to Mr. Ortega's question, Councilmember Finerty said the net amount of the appropriation would be $405,000 after the rebate. Mr. Stendell stated the $405,000 was in excess of the originally approved $225,000 budget for the project. Upon inquiry, he confirmed the total cost with increased scope would be $850,000. Councilmember Finerty remarked that it was not in the City's best interest to spend $850,000 in today's economic situation. Councilmember Finerty moved to continue this item to a date uncertain. Motion was seconded by Benson. Responding to comment, Councilmember Finerty noted only 25% of the total cost for this project was budgeted. Mr. Stendell suggested staff could pursue the originally approved project of 29 spaces with the $225,000 already allotted through the budget process, and Councilmember Finerty stated she would not be opposed. Councilmember Finerty withdrew her first motion, and moved to, by Minute Motion, approve the East Phase Civic Center Carports Project for 29 parking spaces in an amount not to exceed $225,000, as originally proposed and approved during the FY 2008-2009 Budget Process. Motion was seconded by Spiegel and carried by a 4-0 vote, with Ferguson ABSENT. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008 D. REQUEST FOR AWARD OF CONTRACT TO INNOVATIVE PLAYGROUNDS COMPANY FOR REPLACEMENT OF THE IRONWOOD PARK PLAYGROUND (CONTRACT NO. C28240). Parks Facilities Manager Jay Niemczak stated this item was part of the Five- year Capital Improvement Plan to replace one playground per year; the Ironwood playground was outdated and did not meet current State and Federal guidelines. Mayor Pro Tem Spiegel agreed the playground was needed. Councilman Kelly moved to, by Minute Motion: 1) Reject the proposals of Flemming Environmental Incorporated, Pacific Design Concepts, and Recreation Masters due to non - responsiveness; 2) authorize replacement of the Ironwood Park Playground in an amount not to exceed $149,525.16; 3) award the subject contract to Innovative Playgrounds Company, Palm Springs, California, in the amount of $149,525.16 and authorize the Mayor to execute same — funds are available in Account No. 233-4618-454-4001. Motion was seconded by Finerty. In response to question about whether or not any of the playground equipment was accessible by handicapped children, Mr. Niemczak responded the City had just completed the Magnesia Falls Community Park playground, which included ramps and was totally accessible to all users. Mayor Pro Tem Spiegel pointed out that it was the only one in the Coachella Valley. Mayor Benson called for the vote, and the motion carried by a 4-0 vote, with Ferguson ABSENT. XV. CONTINUED BUSINESS A. REQUEST FOR CONSIDERATION OF THE CREATION OF A PALM DESERT HISTORIC MUSEUM IN CONJUNCTION WITH THE PALM DESERT HISTORICAL SOCIETY (Continued from the meetings of June 26, and September 11, 2008). Councilmember Finerty stated that based on a meeting held a few days ago, she and Councilman Kelly were recommending a continuance. Councilmember Finerty moved to continue this item to the first meeting in November (November 20, 2008). Motion was seconded by Kelly and carried by a 4-0 vote, with Ferguson ABSENT. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008 B. ORDINANCE NO. 1154AA - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND RESTATING CHAPTER 8.36 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO SMOKING (Continued from the meeting of June 26, 2008). Councilman Kelly recalled an ordinance was passed and staff was going to investigate revising that ordinance, but prior to adoption, a meeting was to take place with representation by both sides of the issue. However, that meeting had not taken place, because it was difficult getting 20 people to agree on a date and time. Responding to comment, he agreed continuing to a date uncertain was preferable. Councilman Kelly moved to continue this item to a date uncertain. Motion was seconded by Spiegel and carried by a 4-0 vote, with Ferguson ABSENT. C REQUEST FOR ACCEPTANCE OF HEARING DIRECTOR'S RECOMMENDATIONS REGARDING STONE EAGLE GOLF COURSE, ACCEPT THE PROJECT AS COMPLETE, RELEASE THE SECURITIES, AND AUTHORIZE THE MAYOR TO EXECUTE THE MAINTENANCE AGREEMENT (Continued from the meeting of August 28, 2008). Mayor Pro Tem Spiegel moved to continue this item to a date uncertain. Motion was seconded by Kelly and carried by a 4-0 vote, with Ferguson ABSENT. D. REQUEST FOR APPROVAL OF PARCEL MAP NO. 31862 (Indian Springs, Ltd., c/o James & Associates, Inc., Applicant) (Continued from the meeting of September 11, 2008). Following is a verbatim transcript of the discussion and testimony for Continued Business Item D. Key JMB Jean M. Benson, Mayor RAS Robert A. Spiegel, Mayor Pro Tem SKS Sunny K. Soltani, Attorney for Indian Springs Mobile HOA LSL L. Sue Loftin, Applicant's Attorney RSK Richard S. Kelly, Councilman CLO Carlos L. Ortega, City Manager MS Mari Schmidt, Legislative Representative for Indian Springs Mobile HOA DM Donald Messner, Resident of Indian Springs, Space No. 85 RDK Rachelle D. Klassen, City Clerk CF Cindy Finerty, Councilmember 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008 JMB Okay, next is Continued Business, and I'm going to move Item D up and excuse myself because, fortunately or unfortunately, I live in Indian Springs. RAS The next item on the agenda is a Request for Approval of Parcel Map No. 31862, Indian Springs Limited, James & Associates, Applicant. This is continued from September the 11th. I know there is a lot of people that would like to speak to this, but there is a couple of things that I would like to announce first. Number 1, we're not gonna' vote on this tonight; it's gonna' be continued to a date uncertain. Number 2, staff is still working on the meeting, and in a —hopefully not too far distant future, there'll be a meeting set up where staff and Council, if you want Council there, meet with you to un...to try and understand your concerns and have you understand ours. Now if there's people in the audience that would still like to speak after my comments, please come forward. SKS Mayor Pro Tem Spiegel, Members of the Council, I'm Sunny Soltani, and I'm with the law firm of Aleshire & Wynder, and I've already submitted an objection letter, so I'm not gonna' speak on the map. I just wanted to, one, thank you for continuing the meeting from September 11th to today, to allow us an opportunity to look at this situation to analyze what's going on and for me to draft a meaningful objection letter with legal authority and submit it to you. But I felt that I need to clarify...one point, I have received the September 11th minutes, and I've looked at what Councilman Ferguson stated, and unfortunately, he is not here tonight, but I do feel that I need to clear the record. I don't know...what...letter or e-mail he was referring to, but there were statements that were falsely attributed to me. I have never said I'm okay with this map going forward; I have always objected to the final map being approved without the sewers being completely connected for the reasons I've set forth in my letter. And...I have never tried to dissuade my clients from engaging in settlement discussions with the City or the park owner. In fact, I have twice put settlement...proposals in writing, and I have always encouraged the residents to engage in discussion, so I have no idea what the e-mail was; I have actually requested a copy of it, but I felt that I needed to, one, thank you for continuing the meeting, and to clarify this point — I work in the law firm that represents municipalities. As a matter of fact, this is the only homeowner's association I represent. I served in the City Carson on the Rent Review Board...I had litigated in the City of Palm Springs on behalf of the City of Palm Springs involving conversion issues, so I understand where you're at, where your City Attorney is at, and I just wanted to clarify those points. RAS Your comments will be part of the record. Thank you. SKS Thank you very much. LSL Good evening, Sue Loftin appearing on behalf of the Applicant. We strongly object to having this matter continued to a date uncertain. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008 RAS Alright. LSL The fact that...the, we would prefer, if you're going to continue it, that you give us a date. Secondly, this is a ministerial act; the staff report contains a certification of your staff members that the, and quoting, "Those conditions of approval relating to the map have been satisfied." The Applicant has spent hundreds of thousands of dollars...to comply with these conditions. This is an economic hardship, and...the fact that however the mis-communications have occurred between the City and the residents, and a meeting, that's between you all. The objections presented by Ms. Soltani, although, as always, she's very aggressive, unfortunately, they're not factually nor legally based. And as a result, we duly submit to you that this matter should be approved. Now, we're stating that we request a date certain for the hearing. Lastly, I have copies of my comments that I would like to submit and to let you know the sewer system is 75% complete. RAS Good. LSL We do not have to have a Bond as Ms. Soltani...alleged incorrectly in her letter, in that this was not a Condition of obtaining the Final Map, but rather a Condition of selling the units. With that, we thank you for your patience, and....since Ms. Soltani gave a little resume, I will as well. I represent in equal parts cities as Special Counsel in mobile home park issues, rent control conversions, and other land use matters. I, the other third, I represent park residents, and the other third, I represent park owners. In litigation, our firm represents only....up until this year, cities and park residents. Thank you for your time, and we look forward to having a date. RAS Thank you. Is there anybody else? You want to speak even though we're gonna' continue it? RSK Yeah, we're not necessarily gonna' continue uncertain, a date uncertain. RAS No, we're not doing that necessarily. RSK The only thing is, there is consideration later tonight whether we do one meeting in November, or just, whether it's the first one, or whether we do it the 20th. And so, probably if we continued it to November, we might wanna'... RAS We don't know what date it's gonna' be. RSK We don't know when we're gonna' meet yet, so we need to make that decision. Can we make that dec—oh, the Mayor's not here. RAS The Mayor's not —the Mayor is the one that requested it, so I have no idea. Yes? 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008 SD Mayor Pro Tem and Council, if you wish, if you wish to set a certain time and date, you can do so, as that will —that date, which is set for a meeting in November RSK Yeah, we could, we could just continue this to November the 20th, whether....we had a regular Council Meeting or not, we take this, we could take this issue up. SD You could do that as well, or you could say, "to November 13th or November 20, whichever is the first day of the regular Council Meeting." You later select this meeting in November. RAS Well, then, I'd like to ask our City Manager, will we be ready to do that? CLO I think what the, what the residents...want based on conversations that we've had with them....they, they'd like to know what the assistance they're gonna' get from the City.... RAS I understand. CLO ...if a conversion happens. Surely, if we can get that...direction from the Council, surely we can... RSK How much time do you need? CLO If we got that direction, you know, we, we don't need that much, we could —we would need a week and say here's.... RAS Will we have that direction by our next meeting in October? CLO You could give us that direction. RSK I think we should take...go to the first meeting in November. RAS Well...I don't disagree, but If, if staff can put together what the residents and the City is looking for... RSK We need, we'll also, we're gonna' try to have a meeting, so... RAS And then, but if we, but we have to agree to that, and then we can have a meeting after that with the residents, and then have the map on either the 13th or the 20th There's a lot we got to do RSK Well, I think that we should continue it to the first meeting in November, and that may be the 13th or it may be the 20th. RAS Alright, okay. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008 RSK Do...do we want to hear the...do people want to talk before we make that decision? RAS Sure, absolutely. If there are other people that want to talk... RSK You have those blue cards? RAS I got a pile of blue cards, but hopefully, not all these people want to talk after what I said. RSK I understand, but we gotta' decide what we're gonna' do. Yes. MS My name is in one of those piles of cards there. I'm Mari Schmidt, I live in Indian Springs. And we understand how everyone is hurrying on to try to help us, and we don't want any misunderstandings. I would just refer to one thing, I wasn't gonna' say but I have to now, we met, three of us met with Carlos and Justin on July 28th, and part of the conversation during that meeting was about this, it's now October; that's all I have to say about that. What I wanted to enter into the record, has to do with the concerns of the residents that Ms. Loftin could answer. I'm not sure she wants to answer it today, but certainly by the time that you consider the approval; it is our confusion over the procedure of the conversion. If and when you approve the temporary Tract Map, must they start over with an Application to the State and resubmit the TIR, which is a Tenant Impact Report? Must they get approval or some sort of consensus from the residents for approval, because as I understand it, AB930 changed some of the requirements for conversion to mobile —of mobile home parks. And I, it was just confused. I've gotten a number of e-mails and phone calls from residents, and I would like that addressed whenever you do consider this. RAS We would address that. Is that correct? MS Okay. The...l'm not sure it is in the agenda. There is also an important matter that needs to be on the records, and that would be Mr. Messner, who's done some investigating. If you bear with us, it will just take a couple of minutes, if that's alright. RAS Whatever you want. I mean, you're gonna' have plenty of time to go over this again, but please. DM My name is Donald Messner, Space No. 85, Indian Springs Mobile Home Park. I would like to have this inserted... RAS Please. DM ...into the process. (A copy of his prepared statement was distributed to the City Clerk and Councilmembers.) RDK Thank you. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008 DM This is what I was going to address you with, but at this time, I'm just....sit back and wait for the next meeting, but I would like for you to review it. I think it's very important in you're decision of the Park. RAS Thank you. Anybody else that would like to speak to us this evening? If not, I'll entertain a motion. CF I would move that we continue it to our first meeting in November, whether it be November 13th or 20th RSK Second. RAS Please vote. RDK That motion carries, 3-0, Mayor Benson, Councilman Ferguson both absent. RAS Thank you all for coming. For purposes of clarification: Councilmember Finerty moved to, continue this item to the first meeting in November (November 20, 2008). Motion was seconded by Kelly and carried by a 3-0 vote, with Ferguson and Benson ABSENT. XVI. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT TO ROCK BOTTOM, INC., FOR CONSTRUCTION OF THE MONTEREY AVENUE MEDIAN LANDSCAPE FROM COUNTRY CLUB DRIVE TO HOVLEY LANE WEST (CONTRACT NO. C25430B, PROJECT NO. 961-02). Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Waive apparent irregularities in the bid; 2) award the subject contract to Rock Bottom, Inc., Bakersfield, California, in the amount of $152,380; 3) authorize a 10% contingency for the project in the amount of $15,238; 4) authorize the Mayor to execute the subject agreement — funds are available in the Median Landscape Account, No. 400-4614-433-4001. Motion was seconded by Finerty. Councilmember Finerty stated the fiscal impact would be $3,700 per year, and she appreciated staff providing that information in the staff report. Mayor Benson called for the vote, and the motion carried by a 4-0 vote, with Ferguson ABSENT. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008 B. UPDATE ON THE CITY OF PALM DESERT, PALM DESERT REDEVELOPMENT AGENCY, AND PALM DESERT HOUSING AUTHORITY STRATEGIC OBJECTIVES (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY AND THE PALM DESERT HOUSING AUTHORITY). Councilmember/Member Finerty moved to, by Minute Motion, receive and file the Update on the City of Palm Desert, Palm Desert Redevelopment Agency, and Palm Desert Housing Authority Strategic Objectives. Motion was seconded by Spiegel and carried by a 4-0 vote, with Ferguson ABSENT. XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A VARIANCE TO ALLOW THE REDUCTION OF A REQUIRED MINIMUM SIDE YARD SETBACK FROM FIVE FEET TO ZERO FEET TO ALLOW CONSTRUCTION OF A GOLF CART SHED LOCATED ON THE PROPERTY LINE FOR AN EXISTING SINGLE-FAMILY HOME LOCATED AT 46-020 BURROWEED LANE Case No. VAR 08-261 (Michael and Marianne Toia, Applicants). Councilman Kelly noted that due to a conflict of interest, he would not vote on this item and left the Council Chamber. Mr. Deitsch explained that Councilman Kelly owned property within 500 feet of the subject site. Assistant Planner Kevin Swartz stated the subject property was located on the southeast corner of Burroweed Lane and Ironwood, north of Grapevine Street. The property was zoned R-2, 8,000; properties to the south, east, and west were zoned R-2, 8,000, and properties to the north were zoned R-1, 20,000. Many of the properties on Burroweed Lane were built under the County of Riverside, a combination of condos and single family homes. The Applicant's home was built in 1975, while the neighbor's home was built in 1973. In order for the Applicant to request a Variance, staff requested that the Applicant have the property surveyed by a licensed surveyor. The first survey did not provide enough information and was deemed incomplete. The surveyor worked with City Staff in obtaining tie -sheets and the proper information; the second survey determined that the property line was in the middle of the common wall. The Applicant's neighbor challenged the survey by submitting letters to the Planning Department stating that the County of Riverside had not accepted the survey. He said the City accepted a stamped signed survey from a licensed surveyor and noted it was not up to the City to establish property lines. He said if Ms. Pride wished to dispute the survey, it would then become a Civil matter between the two property owners. The issue today was a Request for Variance to construct a golf cart shed with the required side -yard setback of five yards. When the Applicant purchased the 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008 home, there was an existing wooden carport with an aluminum roof, which was later torn down. In 2006, the Applicant obtained a building permit for a gate enclosure. Staff displayed a copy of the permit for the gate enclosure and described all the details of the shed and common wall; common wall height was 7'6", and the golf cart shed was 7'8". Later, the Applicant added a garage door, roof, and enclosed the structure without obtaining permits from the City. Staff displayed before and after photographs of the structure. The covered golf cart shed was reported to the City by the Applicant's neighbor, Ms. Pride. When Ms. Pride removed the hedge located on her side of the property, she saw that the golf cart structure had primitive flashing overlapping the common wall. If the proposed Variance was approved, the Applicant would have to obtain a building permit for the structure, the flashing would have to be removed, and nothing can be connected or overlapping the common wall in order to make the structure legal. He said the property line was consistent with other homes in the neighborhood; he displayed examples of other homes in the neighborhood with a zero setback. In summary, he said the Applicant was requesting approval for a Variance to build within the required setback; property line was consistent with the neighborhood, and all findings could be made in support of the Variance. Staff was recommending approval to adopt the findings and Resolution, subject to the attached conditions. He offered to answer questions. Responding to question, Mr. Swartz clarified the golf cart barn was not attached to the common wall, it was attached to the wall next to it; the only thing overlapping was the flashing, which will need to be torn down. Mayor Benson declared the public hearing open and invited public testimony in FAVOR of or in OPPOSITION to this mater. MS. CONNIE CHADNOU, Rancho Mirage, CA, stated she wanted the City Council to exercise their authority and deny the Applicant's request for the Variance. She said the Applicant had already built the structure without a permit, and the Council must not reward or encourage the building of structures without permits. MR. SHELDON LUSTGARTEN stated the Applicant had approached the City with his sketches, and the City advised the Applicant for the need to obtain a survey and variance. He said the Applicant disregarded the City's advice and built the structure without going through the proper permit process. He said the Applicant was inconsiderate of his neighbors and showed no regard for the permit process. He urged the City Council to deny the Variance and not compromise for the convenience of one Applicant. MS. ROSE LEPAN stated she and her husband were residents of Palm Desert since 1976 and local builders/developers. They built 28 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008 apartment units on Highway 74 and several homes; Ms. Pride was one of their tenants for seven years. In all the years of building, they never had a problem with the City, because they only built what they requested, so she was shocked that this Applicant built a structure without permits. She questioned what the distance was between structures, because it used to be four to five feet away from the common wall to the next structure. She said the City was well managed, and she was still very proud of it. She encouraged the Council to comply with the laws and disapprove what the Applicant had built. MR. DAVID HUNSICKER stated he was a real estate appraiser who worked in Southern California, primarily in Palm Desert. He said the Applicant added value to his property by building an additional bedroom, bath, and golf cart barn, which he stated was actually a workshop. However, by doing so, it took away from the value of Ms. Pride's property. In addition, since the Applicant wasn't paying taxes on the additions, no one was receiving a tax revenue. He observed the property and saw that the garage structure was above the common wall, which cut down on Ms. Pride's view. It also created a safety hazard and lack of privacy, in that someone could look right into the bathroom of Ms. Pride's property, which violated the law. He was having difficulty understanding why the City Council would even consider approving the proposed Variance; the additions invaded Ms. Pride's privacy and diminished the value of her property. He said the City Council was being asked to approve a Variance by someone who had broken the law, yet approval would punish the one who was abiding by the law. MS. SUZANNE PRIDE, 46-040 Burroweed Lane, Palm Desert, CA, stated this was an unfortunate matter; all the neighbors were wonderful people, and it's been heartbreaking to see what's happened to the neighborhood. She said all the input provided to the Council had been from the viewpoint of the street, Burroweed Lane. She felt very little consideration was given to her family, her view, and the use of their home. She displayed photographs of her view from the backyard and bathroom window. She said the staff report indicated the proposed golf cart barn would enhance the value and aesthetics of the Applicant's home and his neighborhood. She couldn't understand how the neighborhood had so much authority over her property rights. She acknowledged this matter was also wrenching for the Toia's, because this issue had gone on for a long time and needed to be resolved. Referencing a letter dated January 17, 2008, she said Mr. Toia was advised by the City that he needed to obtain a survey and variance, and he disregarded the City's advice. Mr. Toia's response to the four -foot setback requirement was, "To decrease the width of the proposed structure by four feet was not viable," yet he built a cart barn, bedroom, and bath without going through the permit process. She asked the City Council to deny the proposed Variance and 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008 obligate Mr. Toia to have the structure done the right way so that her property could have the same value as other homes in the neighborhood. MR. ROBERT M. CALDWELL stated he was a professional mediator and adjunct professor of law at Universities in both Los Angeles and Orange County. He said he was not speaking in a legal capacity but only as an advisor to Ms. Pride, who was a personal friend. He said he was a resident of Newport Beach, California, part-time resident of La Quinta, and frequent visitor to the beautiful City of Palm Desert. When he first reviewed this case, it was difficult to understand as an outsider. However, for the many reasons already stated, he was asking the Council to not approve Resolution No. 08-93. He pointed out this was not a proposed structure, but rather an existing one that was built outside of code and outside the limits of the permit process. He believed Mr. Toia needed to compensate for it in some way. He suggested both parties sit down in mediation or in some sort of required negotiation where they came to an agreement that would satisfy both in a win -win situation. He said for the Council to merely approve and reduce the Variance, would only be a convenience for Mr. Toia; and if not approved, it would cost the Applicant a lot of money to tear the structure down. He reiterated that both parties should work out an amenable solution. He said his primary comment would be to not approve the Variance and that further consideration be given. MR. AND MRS. MICHAEL TOIA, Applicants, stated they accepted responsibility for their golf cart barn being built with only partial permits. He said there were also extenuating circumstances related to this issue, and he would like to cover them this evening. He said the initial golf cart barn was an eyesore, which posed security and vandalism issues, so he decided to replace the old structure in 2005; he noted Ms. Pride was equally pleased that it was being replaced. He said in January 2006, they met with City staff to discuss their intention to replace the entire structure and were advised that the wooden gate with a front wall and golf cart opening would require a five-foot setback, and that the entire aluminum cover would need to be replaced with a permanent roof. He said half of a roof wasn't an option, and they were disappointed with the prospects of being stuck with an aluminum roof that had been there for 25 years. They were told that if they proceeded to replace the awning after the front wall was signed off, whatever was done behind the wall would be their own business. They received a building permit for the front wall and proceeded to also replace the aluminum roof in January 2006. He acknowledged that they exercised poor judgment by completing the golf cart enclosure without the proper variance. At that time, they also converted some space in the rear of the garage to an exercise room and bath; they have obtained permits for those additions. For two years after completion of the golf cart barn, there were no complaints from the neighbor. Unfortunately, in December 2007 an argument did occur with Ms. Pride over 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008 an unrelated topic, and a few days later a complaint was filed. He added that while the cart barn was being constructed, Ms. Pride visited the area during construction at least four or five times, and she had nothing but kind words to say about it. Ms. Pride also hired the same worker to remodel her two bathrooms. He noted Ms. Pride had full knowledge of the construction of the golf cart barn prior to its completion. He said since January 2008, he's attempted to remedy this issue with Ms. Pride and the City. He's appeared twice before the Architectural Review Commission (ARC) in February and March, and at those meetings, he presented a petition signed by 41 supportive neighbors, which represented 95% of the neighborhood. It was also demonstrated to the ARC that the golf cart barn design blended well with his home and others in the community. He displayed a map of the homes in his community, and each home was numbered. He said home Nos. 1 through 14 were built in the 1960's, and home Nos. 15 through 27 were built in the 1970's; his home was No. 15. He said only 25% of the homes had a double four -foot setback, and 75% had a single-foot setback or were built directly on the property line. He said his application to ARC was approved on a 4-0 vote, and the approval addressed issues raised by Ms. Pride, such as roof slope, primitive flashing, aesthetics, and the need to provide a land survey to establish a property line, which they agreed to comply with. He displayed a photograph of Ms. Pride's side view of her property, where there was a single, 48-inch glass window, an air conditioner, block wall rather than gate for access, and a swamp cooler toward the rear of the home; he said Ms. Pride took away her own access to that side of that house. He also displayed a letter Ms. Pride had circulated in the neighborhood, which stated, "We are ever so grateful to the Toia's for their hard work, time, and money they have invested in their home; for this beautification is truly an asset and value to our neighborhood." He said that she goes on to say that she'd like the neighbors to allow the families and the City to make this illegal structure legal. Ms. Pride closes her letter, by stating, "No one is requesting that the Toia's not have a golf cart barn, only requesting to make it legal." He said he's spent the past 10 months working to protect the structure and property value --attended five meetings with City staff and officials, made numerous presentations, received a unanimous ARC vote of support and a staff report recommending 100% affirmation to all the tests for a variance, spent more than $5,000 in application and survey fees, and provided overwhelming evidence of community support. He said tearing down the structure and turning it back into a carport would not benefit anyone, not even Ms. Pride. He asked Council to show some compassion in this situation and allow him to go through the permitting process to make the structure legal. MR. STAN SMITH stated he was a neighbor who lived across the street from the Applicant. He said he purchased his home around the same time the Applicant did, and the Applicant's home was almost a tear -down when it was bought. He said no one had mentioned anything about the increase in value 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008 to the whole neighborhood because of the replacement of the structure. He couldn't understand what view Ms. Pride lost, because the golf cart barn was two inches higher than the common wall. He said many in attendance this evening lived on the same golf course and no one had anything bad to say about what the Toia's had done, because the house looked great from the street, highway, and golf course sides. MR. FRANZ TIRRE stated he and his wife lived at 46-333 Burroweed Lane for the past 30 years and were acquainted with the neighborhood. He believed the addition of the golf cart barn was excellent and that one might believe it was there originally with the house. He said other than the problems with obtaining permits at the proper time, this was an excellent addition both in landscaping and architecturally at Burroweed Lane. He encouraged the Council to go down and take a look at the golf cart barn; he didn't think Ms. Pride had much of a view to lose from the structure additions. He requested that City Council approve the Variance, because it was a benefit to the street and all who lived there. MR. MIKE GHIDELLA stated he lived around the corner from Mr. Toia's home, and he had a similar problem when he bought his property. His home had holes in the roof and on the sides, and he fixed it. His neighbor complained to the City because his roof line hung over to the neighbor's property. He found there were no permits for his cart barn, yet it had been there for 13 or 14 years. He worked with the City to obtain permits and a variance for the setback, which was one inch from the property line. He urged the Council to look at the before and after photographs and approve the Variance. MR. KELLY JUDD, Candlewood Street, Palm Desert, CA, stated he, too, was a member of the Shadow Mountain Golf Club, and as a member, the aesthetics of the homes off the course were always a concern. He noted he had many friends who lived on Burroweed Lane, and in this situation, it was certainly a great improvement. It was unfortunate there was bad blood over this issue, but he couldn't see how anything would be gained in this economic cycle by forcing the Applicant to tear the structure down. He urged the Council to work with the Applicants to make it right and to approve the Variance. MR. MIKE PETERS stated he lived five or six homes down from the Applicant's home, on the corner of Burroweed Lane and Ironwood. He said at this point, all can agree that the cart barn was a beautiful structure, including Ms. Pride in her own words in a statement made at an ARC meeting, and asked that Council approve it. With no further testimony offered, Mayor Benson declared the public hearing closed. 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008 Mayor Pro Tem Spiegel stated this case was brought forward to the Council because Planning Commission had one Commissioner absent, and the final vote was 2-2. He respectfully requested this case be returned to the Planning Commission with five members present for a definitive recommendation to the City Council. He agreed with Mr. Caldwell, who stated both parties needed to work out a solution, and he hoped that could happen prior to the meeting with the Planning Commission. Mayor Pro Tem Spiegel moved to, by Minute Motion, refer this matter back to the Planning Commission for a definitive recommendation back to the City Council. Councilmember Finerty seconded the motion, and carried by 3-0 vote, with Ferguson and Kelly ABSENT. Councilmember Finerty stated she felt sorry for all parties concerned, because the whole neighborhood was up in arms over something that could have some agreement or understanding that would be in the best interest of all. Having served on the Planning Commission when the Council sent items back for reconsideration, she believed something good could come from getting a definitive vote one way or another but realized that whatever the vote was, it may be appealed and returned to the City Council. She thanked everyone for getting involved. XVIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. CITY CLERK None D. PUBLIC SAFETY o Fire Department None 29 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008 o Police Department Captain Dan Wilham, Palm Desert Chief of Police, introduced the City's new Assistant Chief of Police, Andy Shouse. He said Lieutenant Shouse was a Marine Veteran who has worked several years in the City, been a resident for 10 with a vested interest in doing the best job possible for Palm Desert, and he felt Lt. Shouse would be a great addition to the Department and to the City. Capt. Wilham commented further that while he was the Investigations Lieutenant, Lt. Shouse served under him as the Palm Desert Target Team Sergeant and was very qualified for his new role. Upon question by Mayor Pro Tem Spiegel, Capt. Wilham confirmed that he was working with the City Manager's Office to set up individual meetings between him and City Councilmembers for them all to get better acquainted and updated on current issues in the Police Department. E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Consideration of Holding the Regular November City Council/ Redevelopment Agency Meetings on Thursday, November 20, 2008, Instead of Thursday, November 13, 2008 (Mayor Jean M. Benson). Mayor Benson said she requested this schedule change for the first regular meeting in November, to the 20th from the 13th , with the second meeting of the month typically being canceled because of the Thanksgiving Holiday on the fourth Thursday. She noted that holding the meeting on November 20 would still be a week away from Thanksgiving, which is on November 27 this year. City Councilmembers concurred that adjourning the first regular City Council Meeting on November 13 to November 20 would be acceptable. 2. Code Compliance Issues for Retailers — Mayor Pro Tem Spiegel said he'd received a call from Frank Banderra (sp?), who owns California Patio located on Country Club Drive in Palm Desert. The business was located in a shopping center, and he put a few patio chairs outside his store as an attraction for customers; however, the City's Code Compliance 30 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008 Department cited Mr. Banderra for this violation and fined him $500. Mayor Pro Tem Spiegel quickly agreed that the City should maintain its high standards but suggested perhaps the regulation could be revisited. He asked if Ms. Aylaian could arrange a meeting between him, Mr. Banderra, possibly Palm Desert Chamber of Commerce President/CEO Barbara deBoom, and any others who would be appropriate, sometime next week and potentially formulate a recommendation to adjust the City regulations in light of the present economic conditions. o City Council Committee Reports: None o City Council Comments: 1. 2008 League of California Cities Annual Conference - Mayor Pro Tem Spiegel reported that when he attended the Annual Conference two weeks ago, Governor Schwarzenegger addressed members of all the various California City Councils represented there, strongly encouraging them to support Proposition 11 on the November 4 Ballot. Mayor Pro Tem Spiegel explained that Prop. 11 is a means for reviewing all the various California State Office boundaries to make the process more fair. For example, he noted that even the Coachella Valley has different representation from one end to the other, yet the issues are similar to all constituents locally. He felt voters should give this serious consideration. Secondly, Mayor Pro Tem Spiegel remarked that the State was asking for money from all Redevelopment Agencies. In Palm Desert, it amounts to over $5 million, and the California Redevelopment Agency was now suing the State for that not to happen. He hoped there would be a successful outcome in order for the City to retain those funds for the benefit of its residents. Thirdly, he said the other topic discussed at the Conference was retail sales, which were down overall throughout the State for the second quarter of this year. However, there was an increase in sales for restaurants, specifically lower -priced establishments. 31 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008 XIX. ADJOURNMENT Upon a motion by Spiegel, second by Finerty, and 4-0 vote of the City Council, with Ferguson ABSENT, Mayor Benson adjourned the meeting at 6:00 p.m. ATTEST: RACHELLE D. KLASSEKI, CITY CLE K CITY OF PALM DESERT, CALIFORNIA AN M. BENSO MAYOR 32