HomeMy WebLinkAboutPRELIM - CC - 10/09/08 l
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�� PRELIMINARY MINUTES
D�� 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: Excused Absence:
Councilmember Cindy Finerty Councilman Jim Ferguson
Councilman Richard S. Kelly
Mayor Pro Tem Robert A. Spiegel
Mayor Jean M. Benson
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. Sheriff's Dept.
Andy Shouse, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept.
Grace L. Mendoza, Deputy City Clerk
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
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IV. ADJOURN TO CLOSED SESSION DR�4�T
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 Councit 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
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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 companywas 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
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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-STARVILLAGE 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.
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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 Sheriff's 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 link 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.
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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
Buitding Landscapes at Entrada del Paseo, and authorize the Mayor
to execute same — funds are available in Account
No. 110-4614-453-3370.
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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."
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� �'�C.�� �
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.
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�
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,
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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.
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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.
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B SINESS ���
XIV. NEW U
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 howthe current economic
situation was overwhelming the organization with regard to request 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 stated this issue was taken up at Regional Access Project
(RAP)for the Coachella Valley, and they too requested $100,000. Over the
past two or three years the City had given to RAP and FIND, and the City
had difficulty in getting figures from them. She said finding food and feeding
the hungry were two different things, and noone wanted to see anyone go
hungry, and that Board didn't either, so it finally approved $50,000 upon
approval of the vouchers, which she proposed doing the same in this
situation.
Councilmember Finerty agreed. She said noone 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 Spiegel disagreed. He said the number of people that lined up in
Indio and at Saint MargareYs 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 that 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 for. She said there was a policy in place
where funds could be requested through an application process through the
Outside Agency Fund 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
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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 the 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.
MR. SAM HOOK, President and CEO of FIND Food Bank, Inc., responding
to comment made earlierthatthe Cityof Indian Wells had donated $100,000
to FIND, he said they had talked to the City of Indian Wells about a donation,
but they 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. He said FIND was fortunate to receive $100,000 from Palm Desert,
$100,000 from the Bob Hope Classic, and 500 pounds of food from the
State. The current crisis was 21% over that of the Freeze; in April they
served 22,000 people. He said FIND worked with 94 agencies, 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 Club, the Salvation Army, and 90
agencies that received food from FIND to feed the hungry in their community.
He acknowledge this was an unusual request, but these were unusual times,
and this year FIND was not getting 500 pounds of food from the State. He
once again was requesting that the Council 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 stated he was Mr. Hook's coach. Addressing a question
raised about how funds were spent, he said FIND's budget was $820,000,
and it was expected to deliver one million pounds of food, which
demonstrated that the money was well spent.
Mayor Benson reiterated FIND was a great organization that distributed food,
but the City didn't know who was getting it. She said the City repeatedly had
asked for accountability, in fact, Hidden Harvest was going on a program to
find accountability to prove that the Coachella Vatley was being served. She
was comfortable approving $50,000 now because she didn't know what
would happen when they entered the freezing season, and it was unknown
what would happen with the market, and whether FIND would later be
requesting an additional $100,000.
Mayor Benson called for the vote and the motion failed on a 2-2 vote, with Finerty
and Benson voting NO, and Ferguson ABSENT.
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REGULAR PALM DESERT CITY COUNCIL MEETING
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 Managerto
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 over
the CVAG building. Further responding, he said the project will be dealt in
baby steps, and staff was starting at the proposed location. For the following
year, he was working with Landscape Manager Spencer Knight on a tree
relocation for possibly the next phase.
Councilmember Finerty noted the staff report was requesting appropriation
for an additional $600,000 from the Unobligated General Fund, and
wondered what was the urgency considering the current economic situation.
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
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decided to accelerated the project by lumping one design-build for a larger
cost savings.
Councilmember Finerty asked if it would be prudent to put this project off
another year, given 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.
Mr. Stendell responded yes, if that was Council's direction.
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 $2.00 per watt rebate to the City, which would
be approximately $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.
Mr. Ortega asked what would be the net amount of the rebate, if the
$625,000 was appropriated. Councilmember Finerty responded it would be
$425,000.
Mr. Stendell stated the $425,000 was an excess to the originally approved
$225,000 that was already budgeted in its own essence. Further
responding, he confirmed the total net cost for the project was $850,000.
Councilmember Finerty stated 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 said 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 $250,000 already allotted through the budget process.
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.
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D. REQUEST FOR AWARD OF CONTRACT TOINNOVATIVE
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, and 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.
Mayor Benson asked if 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.
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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 equation. 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.
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�..
;�,
D. REQUEST FORAPPROVAL 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.
�
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, ApplicanYs 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
..................
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 11 th. 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 to 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 11 th 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
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� �.
without the sewers being completely connected for the reasons I've set forth in my
letter. And...l 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...l had litigated in the City of Palm
Springs on behalf of the City of Palm Springs involving conversion issues, so I
understand where your 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.
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 howeverthe 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 dully 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 foryour patience, and....since Ms. Soltani
gave a little resume, I will as well. I represent an equal parts cities as Special
Counsel in mobile home park issues, rent control conversions, and other land use
matters. I, the otherthird, I represent park residents, and the otherthird, I represent
park owners. In litigation ourfirm represents only....up until this year, cities and park
residents. Thank you for your time, and we look forward to having a date.
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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?
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 20'h,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?
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� �
CLO You could give us that direction. ���`» ° �����
RSK I think we should take...go to the first meeting in November.
RAS Well...l don't disagree, but If, if staff can put togetherwhat 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 13`h or the 2ptn
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 2ptn
RAS Alright, okay.
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 2gtn
and part of the conversation during that meeting was about this, iYs 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.
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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 bare 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.
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 2ptn
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(Novernber 20, 2008). Motion was seconded by Kelly and carried by a 3-0 vote,
with Ferguson and Benson ABSENT.
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A�T
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.
B. UPDATE ON THE CITY OF PALM DESERT, PALM DESERT
REDEVELOPMENTAGENCY,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.
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Assistant Planner Kevin Swartz stated the subject propertywas located on the
southeast corner of Burroweed Lane in 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 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.
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Mayor Benson declared the public hearing o�en 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 ApplicanYs 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 advise
and build 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 were a local builder/developer. They built several
homes and 38-unit apartments on Highway 74; Ms. Pride was one of her
tenants for seven years. In all the years of building, they never had a problem
with the City because they only build what they requested, so she was
shocked the Applicant built a structure without permits. She questioned what
the distance between structures were 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
awayfrom the value of Ms. Pride's property. In addition, since the Applicant
wasn't paying taxes on the additions, noone 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. Prides 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.
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� - � ,;.��„
�� ,_;�k
�,
MS. SUZANNE PRIDE, 46-040 Burroweed Lane, Palm Desert, CA, stated
this was an unfortunate matter because all the neighbors were wonderful
people, and iYs 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 vafue
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 it 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 advise. 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 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 at law at the Universities of 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 all 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 work 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 he and his wife 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
26
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would like to coverthem 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 disappointment 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 yawning 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 acknowledge they exercised poor judgment by completing the golf
cart enclosure without the proper variance. At this time, they also converted
some space to the rear of the garage to an exercise room and bath; they
have obtained permits for those additions. Fortwo years after the 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
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 the construction; 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 these 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 homes No. 1 through 14 were built in the 1960's, and
homes No. 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 built directly on the property line. He said the ARC
received 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 side view of her property, where there
was a single 48 inch glass window, an air conditioner, block wall rather than
a 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
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PRELIMINARY MINUTES �,
REGULAR PALM DESERT CITY COUNCIL MEETING✓ :`�` OCTOBER 9, 2008
they have invested in their home; for this beautification is truly an asset and
value to our neighborhood." 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, "Noone 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 presentation, received
a unanimous ARC support vote, and staff report recommending 100%
affirmation to all the tests for a variance, spent more than $5,000 in
application and survey fees, and he's 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 neighborwho lived across the street from
the Applicant. He said he purchased his home around the same time the
Applicant did, and the ApplicanYs home was almost a tear down when it was
bought. He said noone had mentioned anything about the increase in value
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 noone had anything bad to say
about what the Toia's had done, because the house looked great from the
street, highway, and golf course side.
MR. FRANZ TIRRE stated he and his wife lived at 46-333 Burroweed Lane
forthe past 30 years,and was acquainted with the neighborhood. He believed
the addition of the golf cart barn was excellent, and that one might believed
it was there originally with the house. He said other than the problems with
obtaining the permits at the proper time, this was an excellent addition to the
landscape architecturally at Burroweed Lane. He encouraged the Council to
go down and take a look at the golf cart barn because he didn't think Ms.
Pride had much of a view to lose from the structure additions. He requested
that the 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
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PRELIMINARY MINUTES ,��� x,
REGULAR PALM DESERT CITY COUNCIL MEETING � �'�
,�, OCTOBER 9, 2008
_ ,'';�
the Council to look at the before and after photographs and approve the
Variance.
MR. KELLY JUDD, 74-305 Candlewood Street, Palm Desert, CA, stated he
too was a member of the Shadow Mountain Golf Club, and as a member, the
aesthetic 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.
Mayor Pro Tem Spiegel stated this case was brought forward to the Council
because the 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, referred this matter back to the
Planning Commission for a definitive recommendation back to the City Council.
Councilmember Finerty seconded the motion and carried by a 3-0 vote, with Councilman
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 and having had the Council
send items back for reconsideration, she believed something good could
come from getting a definitive vote one way or another. Realizing that
whatever the vote was, it may be appealed and returned to the City Council.
She thanked everyone for getting involved, but sorry it had to reach this point.
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PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008
XVIII. REPORTS AND REMARKS ,=� �
�� a' .. H ',::i �'�
A. CITY MANAGER
None
B. CITY ATTORNEY
None
C. CITY CLERK
None
D. PUBLIC SAFETY
o Fire Department
None
o Police Deqartment
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.
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PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
o Cit Council Re uests for A ' � ��
y q ction.
1. Consideration of Holding the Regular November City Council/
Redevelopment Agency Meetings on Thursday, November 20,
2008, Instead of Thursday, November 13, 2008(MayorJean 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
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 he 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
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PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2008
4Y .�
., .. � . �
o City Council Comments:
1. 2008 Leaque 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 atl 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 from its
Redevelppment Agency, and the California Redevelopment
Agency was now suing the State for that not to happen. He
hoped there would be a successful outcome in orderforthe City
to retain those funds for the benefit of its own 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 the lower priced
establishments.
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.
JEAN M. BENSON, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
32