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HomeMy WebLinkAbout2005-09-08MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 8, 2005 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Crites convened the meeting at 3:05 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro Tem Jim Ferguson Councilman Richard S. Kelly Councilman Robert A. Spiegel Mayor Buford A. Crites Also Present: Homer Croy, Acting City Manager Robert W. Hargreaves, Assistant City Attorney (present from 3:05 p.m. to 3:30 p.m.) David J. Erwin, City Attorney (arrived at 3:30 p.m.) Sheila R. Gilligan, ACM for Community Services Justin McCarthy, ACM for Redevelopment Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Mark D. Greenwood, City Engineer Amir Hamidzadeh, Director of Building & Safety Paul S. Gibson, Director of Finance/City Treasurer Michael J. Errante, Director of Public Works David Yrigoyen, Director of Redevelopment & Housing Steve Smith, Planning Manager Walt Holloway, Battalion Chief, Palm Desert/Riverside County Fire Dept./CDF Steve Thetford, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. III. ADJOURN TO CLOSED SESSION Reauest for Closed Session: 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 Crites adjourned the meeting to Closed Session at 3:06 p.m. He reconvened the meeting at 4:03 p.m. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2005 IV. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None (See Redevelopment Agency Item IX.) VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of August 25, 2005. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 41, 42, 45, 48, 49, 52, and 53. Rec: Approve as presented. C. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C23690 — Construction of Kitchen Utility Basin at Desert Willow Golf Resort (Cora Constructors, Palm Desert, 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. D. REQUEST FOR APPROVAL of a Grant of Easement and a Restrictive Easement Agreement for City -owned Property Located at 73-750 Catalina Way. Rec: By Minute Motion, approve of and authorize the Mayor to execute the subject Grant of Easement for fire access and Restrictive Easement Agreement (Contract No. C24280) limiting building within a clear area setback on the Joslyn Senior Center City -owned property at 73- 750 Catalina Way to benefit Redevelopment Agency -owned property, Catalina Gardens, located at 73-600 Catalina Way. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2005 E. REQUEST FOR APPROVAL of Tract Map No. 30438-2 (Stone Eagle Development, Applicant). This item was removed for separate consideration under Section VII - Consent Items Held Over. Please see that portion of the Minutes for discussion and action. F. REQUEST FOR APPROVAL of Parcel Map No. 31515 (Rick & Fred Evans, Applicants). This item was removed for separate consideration under Section VII - Consent Items Held Over. Please see that portion of the Minutes for discussion and action. G. REQUEST FOR AUTHORIZATION to Release Improvement Security for Tract Map No. 29692 (The Cypress Estates, LLC, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the improvement securities for the subject Tract Map. H. REQUEST FOR APPROVAL of Agreement Between the City of Palm Desert and Trauma Intervention Programs, Inc. (TIP) for Fiscal Year 2005/06 (Contract No. C24290). This item was removed for separate consideration under Section VII - Consent Items Held Over. Please see that portion of the Minutes for discussion and action. I. REQUEST FOR APPROVAL of Palm Desert ATHENA Scholarship Award Agreement Between the City of Palm Desert and California State University, San Bernardino (Contract No. C24300). Rec: By Minute Motion, approve the subject agreement to establish the Palm Desert ATHENA Scholarship Fund. J. INFORMATIONAL ITEMS: 1. Energy Data for Palm Desert City Hall 2. Report on Schedule for Completion of Street Improvements Near Desert Gateway/WalMart This item was removed for separate consideration under Section VII - Consent Items Held Over. Please see that portion of the Minutes for discussion and action. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2005 Councilman Kelly asked to hold over Items E and F, Mayor Pro Tem Ferguson asked for Item H, and Councilman Spiegel asked that Item J-2 be held over for separate consideration under Section VI I - Consent Items Held Over. Upon a motion by Spiegel, second by Ferguson, and 5-0 vote of the City Council, the remainder of the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER E. REQUEST FOR APPROVAL of Tract Map No. 30438-2 (Stone Eagle Development, Applicant). Councilman Kelly didn't feel he had sufficient information to take action on this item; therefore, he wished to abstain. He disagreed with a staff remark about the City Council approving something on a tract map, and now he wanted to be certain of exactly what was being requested. He thought these were rather routine and didn't require a lot of study but had since changed his mind. Mayor Pro Tem Ferguson said he may ask for a continuance and wondered what the City Council may be able to do with the final map —it may not be able to add any conditions but it could continue the matter. He felt there were a number of issues to be resolved at Stone Eagle: landscape plan, illegal drainage of water down Bruce Canyon and pooling/ponding of water there with mosquitoes. He wanted to be sure this developer was living up to its obligations before approving the final map. Councilman Kelly proposed considering all final maps in the future as regular agenda items instead of on the Consent Calendar. He felt it would be important to see specific details and suggested including a reportfrom the Division Manager showing exactly what was being approved. Mayor Crites agreed and thought that may be a better solution than removing these items from the Consent Calendar permanently. He, too, had issues with Stone Eagle, such as grading in general and a road bulldozed up through the center of the Canyon, which was not in the original approvals. Councilman Spiegel moved to continue this item to the meeting of September 22, 2005. Motion was seconded by Ferguson and carried by a 5-0 vote. 4 1 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2005 F. REQUEST FOR APPROVAL of Parcel Map No. 31515 (Rick & Fred Evans, Applicants). Councilman Kelly said for the same reasons he gave in the previous item, he wished to abstain from this matter. Councilman Spiegel agreed and suggested continuance. Councilman Spiegel moved to continue this item to the meeting of September 22, 2005. Motion was seconded by Ferguson and carried by 5-0 vote. MR. RICK EVANS, Applicant, 74-000 Country Club Drive, Suite H-2, Palm Desert, asked the City Council to reconsider its continuance and approve his map (The Village at University Park). Since its approval in April 2004, they'd been working on the project and, to the best of their knowledge, complied with everything that was required—CC&Rs are currently being reviewed, all landscaping requirements and agreement for their ongoing maintenance, and a whole series of things that were completely addressed, the Tentative Parcel Map and subject Parcel Map comport completely with all conditions of the approved Precise Plan, and there were even some additional conditions applied, which they agreed to incorporate. He felt they were unfairly singled out today. Mayor Crites responded that on both of the map items from the Consent Calendar, the City Council wanted to ensure that every condition was being met. He said based upon its recent experiences with map items where details were missing, City Council continued the items today in order to verify that information for each. Upon question, Mr. Greenwood agreed that staff had been working with Mr. Evans for some time but felt a two -week continuance would provide opportunity to review the files and return with a definite response as to the status of the conditions required for both Mr. Evans' and Stone Eagle's map items. Mayor Pro Tem Ferguson felt strongly that the Council should be able to see all maps it's being asked to approve, whether it's a copy with the agenda packets or the ability to go to Planning or Public Works to review a detailed drawing, to ensure that all the required conditions were met. Mr. Greenwood said this would be their practice from now on. Mayor Crites asked the City Council whether it wished to reconsider its action on Parcel Map No. 31515. No such motion was offered; therefore, the continuance to September 22, 2005, would stand. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2005 H. REQUEST FOR APPROVAL of Agreement Between the City of Palm Desert and Trauma Intervention Programs, Inc. (TIP) for Fiscal Year 2005/06 (Contract No. C24290). Mayor Pro Tem Ferguson noted that the report and agreement specified 12 cents per 42,350 residents, totaling $5,082. He thought the City had closer to 50,000 residents and wondered how the services may be impacted if the City was paying a lesser amount. Mrs. Gilligan responded that these were the population figures provided by TIP in the contract it presented for approval. She further answered that it was a fixed price contract on a year -by -year basis. Councilmember Benson added that she thought TIP based the number of residents on the area served. Mrs. Gilligan offered to check back with TIP and suggested the City Council approve the agreement in an amount not to exceed 50,000 residents at 12 cents each. Mayor Pro Tem Ferguson felt the agreement should be based upon Palm Desert's actual population to ensure that the services would be available to all residents. Mayor Pro Tem Ferguson moved to, by Minute Motion: 1) Approve the subject agreement between the City of Palm Desert and TIP for FY 2005/06, as amended to reflect the amount of $0.12 per the current number of Palm Desert residents, and authorize the Mayor to execute same; 2) appropriate said funds from the Unobligated General Fund to Account No. 110-4210-422-3090 for this purpose. Motion was seconded by Spiegel and carried by a 5-0 vote. J-2. INFORMATIONAL ITEM — Report on Schedule for Completion of Street Improvements Near Desert Gateway/WalMart. Councilman Spiegel expressed concern that the extension of Dinah Shore Drive and Portola Avenue, as well as construction of Gateway Drive, would be completed in time for WalMart's scheduled February 2006 opening. He added that Lowe's, which was much further along in construction, would also be opening and would impact traffic in the same area. Additionally, he asked about the schedule for widening Monterey Avenue and improvements to the freeway interchange. Mr. Greenwood said he had also been told WalMartwould open in February; however, he felt that was somewhat aggressive. He went on to respond that the extension of Portola and Dinah Shore and construction of Gateway Drive were both offsite improvements that were only peripherally tied to WalMart's 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2005 approval. He recalled for the City Council that WalMart was required to build only two lanes on Dinah Shore and the City was required to build two lanes on Portola. In staffs review of the overall area, it was determined that completely building out Dinah Shore from curb to curb (six lanes) and Portola (six lanes) would be the most prudent effort to pursue, which has taken a bit longer. Additionally, he said it was being done through an assessment district with the neighboring developers. That process hasn't gone as quickly as staff had anticipated and, in fact after a meeting on the issue today, was slipping further behind. Upon further question, he clarified that he'd earlier advised that Dinah Shore could be the most heavily impacted by traffic since it wouldn't have enough lanes. In answer to Councilman Spiegel's question about speeding up the extension of Dinah Shore and Portola in order to coincide with WalMart's opening, Mr. Greenwood offered that staff may be able to catch up if it were to fall back to the original development agreement for the overall 170-acre parcel map where WalMart is located. He said this would mean building two lanes on Dinah Shore and two lanes on Portola, and while it would be tight, staff might be able to make the schedule; it would also require pulling a lot of strings. Councilman Spiegel said he really would like to see staff do whatever it could to make this happen; otherwise, there would be a lot of justified criticism from the public because of the congested traffic situation. Mr. Greenwood pointed out that both WalMart and Lowe's will be widening Monterey in front of their stores before they open; there will be about a quarter -mile distance between the two projects that isn't widened. Staff anticipated there will be some congestion along Monterey and Dinah Shore, but it wasn't expected to be intolerable. Responding to question, he said that Gerald Ford would also be widened to five lanes, (three westbound, two eastbound) as part of the assessment district improvements. Mayor Crites questioned whether the City could use the "Kelly Ordinance" for widening the remaining section of Monterey Avenue. Mr. Greenwood answered that staff had been proceeding with the formation of an assessment district; however, there were so many interests involved that the process was taking far longer than expected. He said the two schedules were originally parallel, they were growing further apart; WalMart was now lagging behind as well, just not as much as the assessment district. Mayor Crites suggested having a couple of City Councilmembers participate in the assessment district discussions to help facilitate the process. Councilmembers agreed that doing the street improvements at one time would the most efficient. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2005 Mayor Crites requested a report for the next City Council Meeting that would set out the steps necessary and recommendations on how to expedite the assessment district process, which he thought would provide a way for the City Council to assist in the process rather than merely react to it. Mr. Greenwood said staff would appreciate the help. Councilman Spiegel moved to, by Minute Motion, receive and file the report, with staff directed to bring another report on the scheduled street improvements to the next meeting and with two Councilmembers appointed to work with staff and property owners on the proposed assessment district in this area that is interrelated to overall street improvements. Motion was seconded by Kelly and carried by 5-0 vote. With City Council concurrence, Councilmen Kelly and Spiegel were appointed to work with staff on the proposed assessment district. VIII. RESOLUTIONS None IX. ORDINANCES For Introduction: A. ORDINANCE NO. 1099 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CONCERNING PROCESSING OF CLAIMS. Mayor Pro Tem Ferguson suggested that the threshold for settlement of claims be set at the jurisdictional limit of Small Claims Court instead of using the dollar amount of $5,000. He'd heard that Small Claims may be raised to $7,500, and if the ordinance specified an exact dollar amount, it would have to be amended every time it changed. Mr. Erwin agreed with the suggestion. Upon question, Risk Manager Gary Rosenblum responded that it was City Council's prerogative to adopt whatever limit it felt appropriate. The subject ordinance was drafted in response to its earlier request that staff bring forward a recommendation that would provide the City Manager with authority to settle claims up to $5,000. He said the majority of claims presented were usually Tess than that amount, and staff would be happy to make the necessary wording change in the ordinance. Mr. Erwin added that there was also one clerical error to amend in the draft ordinance. He said under "Section 2. - Adoption," both references to Municipal Code Section 3.14 should be "3.14.040." 8 1 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2005 Mayor Pro Tem Ferguson moved to waive further reading and pass amended Ordinance No. 1099 to second reading, with each occurrence of 15,000" changed to "within the jurisdictional limit of the Small Claims Court" and with Section 2's clerical correction. Motion was seconded by Spiegel and carried by 5-0 vote. For Adoption: A. ORDINANCE NO. 1098 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TEXT, SECTIONS 25.56, 25.72, AND 25.73 Case No. ZOA 05-01 (City of Palm Desert, Applicant). Councilman Spiegel moved to waive further reading and adopt Ordinance No. 1098. Motion was seconded by Benson and carried by a 5-0 vote. X. NEW BUSINESS A. REQUEST FOR AUTHORIZATION FOR ANNUAL GRASS SEED PURCHASE. Councilman Spiegel moved to, by Minute Motion, authorize the purchase of 316,800 pounds of grass seed from High Tech Irrigation, Inc., Palm Desert, California, in the amount of $237,241.26 (includes sales tax and shipping). Motion was seconded by Benson and carried by a vote of 5-0. B. REQUEST FOR APPROVAL OF FIRST AMENDMENT TO CONTRACT FOR LAW ENFORCEMENT SERVICES BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF PALM DESERT (CONTRACT NO. C22011). In response to question, Mrs. Gilligan said that the subject contract amendment was already programmed into the City's approved FY 2005/06 budget. Councilman Spiegel moved to, by Minute Motion, approve the subject First Amendment to Contract for Law Enforcement Services and authorize the Mayor to execute same. Motion was seconded by Kelly and carried by 5-0 vote. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2005 C. CONSIDERATION OF THE JOHN KENNEDY SCULPTURE FRIENDSHIP BENCH AT THE FOUNTAINS AT CARLOTTA DEVELOPMENT, 41-505 CARLOTTA DRIVE (Fountains at Carlotta, Applicant). Councilmember Benson moved to, by Minute Motion, approve Friendship Bench as the public art component for the Fountains at Carlotta Development in the amount of $17,000, with the remaining $3,800 Art In Public Places Fees for construction of the base and lighting for the sculpture. Motion was seconded by Kelly and carried on a 5-0 vote. D. CONSIDERATION OF THE COMMISSIONING OF ELLIE RILEY'S DESERT BLOOM SCULPTURE FOR THE DESERT GATEWAY SELF -STORAGE, 73-750 DINAH SHORE DRIVE (Valli Architectural Group, Applicant). Councilman Kelly moved to, by Minute Motion: 1) Approve Desert Bloom by Ellie Riley as the public art component for the Desert Gateway Self Storage project by Valli Architectural Group valued at $29,780; 2) appropriate $17,829.36 for future reimbursement, as part of the Art In Public Places fee component for this project. Motion was seconded by Benson and carried on a vote of 5-0. E. REQUEST FOR APPROVAL OF A DONATION TO THE AMERICAN RED CROSS FOR THE HURRICANE KATRINA RELIEF EFFORT. In response to Mayor Pro Tem Ferguson's question, Mayor Crites said the subject item was technically a "ratification." Mayor Pro Tem Ferguson went on to comment that in Tight of the recent news accounts of Palm Desert's Red Cross office possibly closing, it may have been more prudent to allocate a certain portion of the donation to the Local office, with the bulk of it being directed to relief, in order to keep from draining the local agency's resources to extinction. He realized that the subject donation had already been set, but he was aware of at least two other requests coming to the City, in addition to Marriott's earlier today. He was certain that everyone was in favor of aiding victims of the hurricane but suggested that the subcommittee appointed earlier tonight be used to help coordinate the effort and distribute aid equitably. Councilmember Benson proposed that in addition to the $50,000 the Red Cross, she would also like to see a donation made that would help animals in the devastated region. She, too, was dismayed to learn of the local Red Cross's financial dilemma; about four or five years ago when the last disaster occurred, the local chapter was broke, and the City gave $25,000 to see if they could build up some reserves. Obviously, that didn't 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2005 happen —she didn't think there had been that many disasters —but they didn't seem to keep a balance in their fund and ended up having to be rescued themselves. She agreed that something needed to be done with the local chapter to keep it going. Councilman Kelly asked about the policy for auditing organizations that receive City funding. As he understood Red Cross's problem, whenever there's a disaster, funds people normally donate locally end up being given for the disaster. He felt it would be helpful to know what their overhead is, where the money goes, etc. Councilmember Benson added that was what happened last time —they were paying an exorbitant amount of rent and were going to move because they couldn't pay salaries. The City came in with $25,000, somebody else did too, and they said they were going to reorganize; evidently they didn't. Councilmembers concurred that this would be something they would definitely want to look into this time around. Mayor Pro Tem Ferguson also felt Councilmember Benson's request for the animals was very meritorious, noting that in the wake of the hurricane, rescue workers were not picking up animals and pets, many of which were just left tethered to structures. He believed there were several groups in Louisiana taking a look at this problem, and he'd like to pursue it. However, he reiterated the need to take all of these requests into account and coordinate the response. Councilman Kelly noted for his colleagues that Desert Willow held a fundraiser on Monday this week where anyone donating $50 to the disaster fund could play golf, which served as their greens fee. He estimated that $5,000 - $6,000 was collected. He thought it was a great idea and complimented them for it but concurred that some coordination would be in order since the City was also financially involved in such an activity. He agreed the subcommittee would be the best place for this review. Responding to Mayor Crites, Councilmember Benson proposed a donation in the amount of $15,000 to the Louisiana State University School of Veterinary Medicine for helping the animals in need. Mayor Pro Tem Ferguson moved to, by Minute Motion: 1) Ratify a $50,000 donation to the American Red Cross for the Hurricane Katrina Relief Effort and appropriate said funds from the Unobligated General Fund Reserves for this purpose; 2) authorize a donation of at least $15,000 for the rescue and care of domestic animals and pets in the aftermath of Hurricane Katrina to the Louisiana State University School of Veterinary Medicine or other similarly focused organization for this purpose; 3) authorize the Disaster Relief Subcommittee of Mayor Pro Tem Ferguson and Councilman Spiegel to look at all 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2005 the donations and efforts being made for disaster relief (i.e., Desert Willow event, City employee donations, Marriott request) so that a coordinated response is provided, in addition to looking at assistance for the local Red Cross Chapter to retain their office locally, with all said potential financial assistance to be within the City Manager's authority for expending funds, and if additional action is necessary, a Special City Council Meeting could be called for this purpose. Motion was seconded by Spiegel and carried by a 5-0 vote. Upon question by Councilman Spiegel, Mr. Gibson said the $50,000 donation to the American Red Cross had been delivered to their local office. Mayor Crites added that when he delivered the check, he was asked how the City wanted it applied. He answered that it was all for Hurricane Katrina relief, but in retrospect would have specified a portion for the local chapter. Councilmembers agreed that donating the total amount for hurricane relief was totally appropriate. XI. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF GRANT FUNDING FOR PALM DESERT PRESBYTERIAN PRESCHOOL AND KINDERGARTEN FROM THE CITY'S CHILD CARE DEVELOPMENT FEES FUND 228 FOR PLAYGROUND AND FACILITY IMPROVEMENTS (Continued from the meetings of July 14, and August 25, 2005). Mr. Erwin said he had not yet completed the report he was preparing for this item; therefore, he asked if the matter could be continued to the City Council's next meeting. Councilman Spiegel moved to continue the matter to the meeting of September 22, 2005. Motion was seconded by Benson and carried by a vote of 5-0. XII. OLD BUSINESS A. REQUEST FOR AUTHORIZATION TO RESCIND CONTRACT AWARD AND RE -ADVERTISE THE NORTH CARPORT PHOTOVOLTAIC SYSTEM (CONTRACT NO. C23290C). Mayor Pro Tem Ferguson moved to, by Minute Motion: 1) Rescind contract award to REVCO Solar Engineering, Palm Desert, California; 2) authorize staff to re -advertise and call for bids for the subject project; 3) authorize staff to submit application(s) for incentive programs; 4) authorize staff to request a six-month time extension for this project from the California Energy Commission. Motion was seconded by Spiegel. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2005 Councilmembers questioned the loan that was connected to this project and the recommendation that it be extended. Senior Management Analyst Frankie Riddle replied that the City had already applied for a loan from the California Energy Commission, and it was specified for assistance in undertaking the subject project. Further, she answered that the City would be repaying the loan at 4.5% interest, and it is currently set to expire in December. She said since the project was not yet underway, an extension was necessary in order to get it completed; the City was not required to start repaying the loan until that time. Mayor Crites pointed out that the City was not currently earning 4.5% interest on its monies invested in the State's LAIF (Local Agency Investment Fund). He, too, wondered why the City wasn't funding the project directly instead of borrowing money and paying interest. Mrs. Gilligan responded that the loan proposal came to the City through Ted Flannigan of the Energy Coalition, and the former Director of Special Projects brought it forward to the City Council. She added that extra City funds would also be required for the project, agreeing that if the loan was going to cost the City more money than funding the project outright, the loan could be allowed to expire. She said the purpose of the subject request was, in part, a way to remind the City Council that there was an outstanding loan involved. Councilmembers concurred. Mayor Crites suggested that staff provide further review of the matter to see whether or not the loan was necessary. Mrs. Gilligan noted that staff was now ready to rebid the project, and it would have to be brought back to the City Council for award. She proposed returning with additional information on the loan at that time. Mayor Pro Tem Ferguson commented that in his further review of action already taken, it reflected that Mr. Kohn asked for City Council approval of the loan through the Energy Commission because approximately half of that money would be coming back to the City through the Solar Incentive Program. Councilman Spiegel asked for more information about the issues surrounding the gentleman who left REVCO and GenSelfs protest that the City's specifications for the project contained a "fatal engineering flaw." Ms. Riddle affirmed that GenSelf had filed such a protest; however, Doby Engineering responded that there was no fatal flaw and that they had 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2005 proposed an alternate system, which was inconsistent with the specifications. She confirmed that there was no lawsuit involved. Mrs. Gilligan added that there were other deficiencies involved with the contract award. Therefore, the City Attorney advised rescinding the contract, which was never signed, and rebidding the project, including a second review of its specifications. Councilman Spiegel offered a modified version of the previous motion and moved to, by Minute Motion: 1) Rescind contract award to REVCO Solar Engineering, Palm Desert, California; 2) authorize staff to re -advertise and call for bids for the subject project; 3) authorize staff to submit application(s) for incentive programs; 4) authorize staff to return to the City Council with a report on the specifics of the Energy Commission loan connected to this project. The modified motion was seconded by Benson and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF RELOCATION OF THE PALM DESERT POLICE SUBSTATION FROM WESTFIELD PALM DESERT TO THE SOON -TO -BE -VACATED VISITOR INFORMATION CENTER AT THE INTERSECTION OF HIGHWAY 111/MONTEREY AVENUE. Councilman Spiegel wanted to be sure that the relocated substation would be adequately identified with signage. Lieutenant Thetford answered that although it was not included in the cost analysis submitted with the staff report for this meeting, staff intended to have a specific signage program and would seek funding for it. Mayor Pro Tem Ferguson requested that whatever signage program was developed by staff be reviewed by both the Architectural Review and Art In Public Places Commissions. He felt since it was such a prominent corner in the City, the identification should be dressed -up and also provide a warm and reassuring feeling for residents, which is where the Public Art program would be able to provide good advice. Lieutenant Thetford agreed. Mayor Crites noted that the Public Safety Commission had recommended approval, but he wondered if any other groups had been solicited for their interest in the site. Mrs. Gilligan responded that no other groups had been contacted, as the immediate need was for relief at the Sheriffs Station. Additionally, she said there was an ongoing problem with the substation at Westfield Shoppingtown—either the police were there, and the rest of the businesses felt only Westfield was being served, or Westfield was remodeling, leaving no police presence in the commercial area. It was felt the subject relocation 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2005 would solve that problem, one that's been looked at over the past couple of years. The proposal came about after discussion with the Public Safety Commission, which totally supported it. Lieutenant Thetford added that currently, the police substation was on a month -to -month lease at Westfield, and they'd recently started showing the location to potential tenants. Councilman Spiegel moved to, by Minute Motion, concur with the recommendation of the Police Department and Public Safety Commission to relocate the mall substation to the existing Visitor Information Center once it is vacated, with staff directed to give particular attention to the signage program that will be used for this site and purpose by having it considered by both the Art In Public Places and Architectural Review Commissions. Motion was seconded by Kelly and carried by a vote of 5-0. XIII. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL OF A DECISION BY THE PLANNING COMMISSION, DENYING A VARIANCE TO ALLOW A FREESTANDING PATIO COVER, 12 FEET IN HEIGHT SETBACK 3 FEET-2 INCHES FROM THE REAR PROPERTY LINE AT 74-431 DE ANZA WAY (APN 625-074-004) Case No. VAR 05-02 (Abbass and Judith Kamouie, Applicants/Appellants) (Continued from the meetings of July 14, and August 25, 2005). Assistant Planner Ryan Stendell reviewed the case, noting that a subcommittee of the City Council had been formed to go look at the rear yard for a better understanding of the case and had made its site visit since the last meeting. He said the Applicant indicated that one of the structures could be lowered by two feet, and in order to show what that would look like, the agenda packet included a photograph with such a representation. He said staffs recommendation remained the same; grounds for a variance cannot be met, and the patio structures should be removed or relocated to appropriate locations. Responding to question, Councilmember Benson said the subcommittee asked for the aforementioned photograph, showing the view from the neighbor's yard directly behind Mr. Kamouie and how it would look if the structure were lowered two feet. She felt it would be less visible if lowered. Mr. Stendell offered that the structure would still be visible, just maybe not as much. In answer to question whether this was the neighbor who had signed the consent saying he did not mind the patio structure, Mr. Stendell said he thought so. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2005 Councilman Kelly commented that one of the structures was not really a problem. However, he noted the second one protruded significantly, especially since it was built onto a raised concrete pad, which added to the problem and would make it more difficult to move. If it were built at groundlevel, he didn't think the structure would be that noticeable above the wall. As it was, though, he didn't feel that the City Council had another choice in ruling on the subject case, considering the ordinance on the books and a neighbor who isn't satisfied with the situation. Councilmember Benson said they noticed that there was room between the trees on the side patio where a temporary shade structure could be put up for his mother, and she empathized with the Applicant's situation. Councilman Spiegel asked his colleagues how they felt about lowering the structure two feet. Mayor Crites replied that there would still be a giant structure that didn't fit any of the City's codes. Councilman Spiegel asked whether the neighbor was still complaining, and Mr. Stendell said he hadn't received any further correspondence. Upon further question, he answered that there was never a permit issued for the structure. Councilmember Benson noted the platform under the shade structure was about 18" high. Mayor Pro Tem Ferguson commented that as he saw the facts of the case, they were that the Applicant built a structure without a permit, ostensibly to benefit his ailing mother, but it didn't meet standards for a variance. He had previously suggested abating the situation as a nuisance, but that it be done over a period of time that is conducive to his mother's health condition. He wondered if the subcommittee considered his suggestion. Mr. Stendell said the subcommittee did consider this option, and it was decided to propose issuing a Temporary Use Permit on a six-month or annual basis. He pointed out that it was not approving the variance but would provide a time frame for allowing something temporarily, and at some point in the future, the Applicant would be required to remove the structures. Mayor Pro Tem Ferguson added that he was struggling with the fact that only one neighbor complained and did so anonymously, leaving the City Council with no way to communicate with that party about a potential compromise. While he agreed with Councilman Kelly's point, he felt this was a unique situation. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2005 In answer to question, Mr. Stendell indicated the photograph showing where the structure would be if lowered two feet was the view from a consenting neighbor's yard. Further, he confirmed that there were two illegal structures on this property; a smaller one was located on the property line on the northwest corner. He noted that the Applicant indicated the smaller structure had been there since he bought the house; however, it was still an illegal structure without permits and has since had improvements done on it also without benefit of permits or inspections. Additionally, he responded that the Applicant had said he would remove the side yard structure if he could keep keep the larger one at least temporarily for his mother. Mayor Crites declared the public hearing open and invited public testimony in FAVOR OF or in OPPOSITION TO the case. MR. ABBASS KAMOUIE, Applicant/Appellant, 74-431 De Anza Way, Palm Desert, said when they visited his property, he'd pointed out to Councilmember Benson and Councilman Kelly that the platform under one structure was already there when he purchased the house. He'd built a patio on it but wasn't aware he needed a permit; and even during the process of remodeling his house and corner patio with an inspector making visits there, it was never mentioned to him. He further offered that during Councilman Kelly's visit, he thought he'd heard him say that the house was an asset to the neighborhood. He went on to say that the rear neighbor had absolutely no comment about the matter; and if he'd known that information was necessary, he would have asked that neighbor to be present today to confirm it. He said the patio was strictly built for his mother, and there was never any noise or disturbance generated for the other neighbors. After the complaint was issued, he did not do anything more to the freestanding patio, covered the Tight that shown from the right corner of the backyard, then went to every neighbor's house, and every one of them signed off saying they didn't mind it. He noted that a few of his neighbors in the surrounding area couldn't even see the patio since their trees are quite tall around the fence. He was confident that none of his neighbors took issue with the patio, even his rear neighbor, who can see it from his house, didn't have a problem with it. He again proposed that if the patio was allowed to remain while his mother is still alive, he would not have a problem lowering it two feet to make the Council more comfortable with it. Mayor Pro Tem Ferguson confirmed with the Applicant that if the temporary use was permitted in consideration of his mother's condition, once she was no longer living in his house, the patio would be brought into conformance with City Code, which would probably mean removal, and Mr. Kamouie agreed. In response to his further question of staff, Mr. Stendell answered that a temporary permit could be issued for six months or up to a year, and Mr. Kamouie also agreed to this stipulation. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2005 Responding to Mayor Crites' question about also lowering the structure two feet, Councilmember Benson said that was her intent. Mayor Pro Tem Ferguson responded he didn't think the two feet gained that much; he could go either way —the person most affected said it wasn't a problem, and if it was all going to have to be removed anyway, it wouldn't matter. With no further public testimony offered, Mayor Crites declared the public hearing closed. Councilmember Benson felt lowering the structure by two feet now would make a difference in the structure's appearance; and if the Applicant was amenable to doing so, with the further condition that it ultimately be removed when no longer applicable, it should be lowered. Councilmember Benson moved to waive further reading and adopt Resolution No. 05-62, denying the appeal and Case No. VAR 05-02, with the following conditions unique to this case: 1) In consideration of the medical condition of his mother also residing at this address, the Applicant/Appellant will be granted a temporary variance, with the understanding that the patio structures may be retained temporarily in their current condition, except for lowering the tallest by two feet; 2) said temporary variance to be reviewed at least every six months from this point forward; 3) at such time as the mother no longer resides in this household, Applicant/Appellant shall immediately remove the nonconforming structures and bring the property into compliance with City Code for such appurtenances. Motion was seconded by Ferguson and carried by 5-0 vote. B. CONSIDERATION OF AZONING ORDINANCE AMENDMENT TO AMEND PALM DESERT MUNICIPAL CODE SECTION 25.21.040(D), RELATING TO SECOND UNIT HOUSING REQUIREMENTS, CLARIFYING THAT A SECOND UNIT MAY BE USED FOR PERSONAL USE OF THE PROPERTY OWNER AND THAT THE SECOND UNIT MAY NOT BE SOLD SEPARATELY FROM THE PRIMARY UNIT Case No. ZOA 05-02 (City of Palm Desert, Applicant). Mayor Crites declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With no public testimony offered, he declared the public hearing closed. Councilmember Benson understood the section that provided for the personal use of the property owner and that it may not be sold separately, but she wondered about conformance with parking requirements if the second unit was rented. She was concerned that there would be a problem in the street since there wouldn't be a garage provided for the second unit. Planning Manager Steve Smith recalled that issue had been addressed in the ordinance adopted about a year ago. He said the subject case was 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2005 initiated to clarify the actual use of the extra unit; a series of requirements was already set forth in order to construct the unit. Mr. Erwin further confirmed that there were terms in the existing ordinance that require the provision of garage and parking. Additionally, Mr. Smith called attention to Exhibit "A" of the draft ordinance under consideration, where this information is also communicated. Mayor Pro Tem Ferguson moved to waive further reading and pass Ordinance No. 1100 to second reading, approving Case No. ZOA 05-02. Motion was seconded by Kelly and carried by a vote of 5-0. XIV. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. CITY CLERK None D. PUBLIC SAFETY o Fire Department None o Police Department None 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2005 E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: None o City Council Committee Reports: 1. Parks & Recreation Commission — Councilman Spiegel said at the Commission Meeting yesterday, Aquatic Design Group presented an initial design for the Palm Desert Pool/Aquatic Center, and he passed around a rendering to his colleagues. At this point, they were looking only at desired features for the facility —fun area, slide, instructional area, and a lap pool —without yet considering any locations for it. o City Council Comments: None XV. ORAL COMMUNICATIONS - C None XVI. ADJOURNMENT With City Council concurrence, Mayor Crites adjourned the meeting at 5:36 p.m. ATTEST: RA HE LE D. SET, CITY CLERK CITY OF PALM DESERT, CALIFORNIA BU OR1Fk. RITES, MAYOR 20