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HomeMy WebLinkAbout2002-04-25MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 25, 2002 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER Mayor Kelly convened the meeting at 4:04 p.m. II. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore Jean M. Benson III. INVOCATION - Councilman Robert A. Spiegel IV. ROLL CALL Present: Mayor Pro-Tempore Jean M. Benson Councilman Jim Ferguson Councilman Robert A. Spiegel Mayor Richard S. Kelly Excused Absence: Councilman Buford A. Crites Also Present: Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, City Attorney Sheila R. Gilligan, ACM for Community Services/City Clerk Richard J. Folkers, ACM for Development Services Justin McCarthy, ACM for Redevelopment Homer Croy, Director of Building & Safety Phil Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Teresa L. La Rocca, Director of Housing Joseph S. Gaugush, Director of Public Works/City Engineer David Yrigoyen, Director of Redevelopment V. ORAL COMMUNICATIONS - A MS. PAULA PADELFORD of the Alzheimer's Association, 73-710 Fred Waring Drive, Suite No. 208, Palm Desert, addressed the City Council in appreciation of its approval of the Association's 2002 Memory Walk held in the Palm Desert Civic Center Park on Saturday, February 9. She presented the City Council with — a framed photo collage commemorating the event and further expressed special thanks to Senior Management Analyst Patricia Scully for all her assistance. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 2002 MR. MICHAEL LANDES, President of the Eisenhower Medical Center Foundation, addressed the City Council, along with Eisenhower Medical Center CEO Aubrey Serfling, and Eisenhower's Chairman of the Board Harry Goldstein, regarding the need for substantial (millions of dollars) monetary support necessary to replace Eisenhower Medical Center's existing hospital in order to comply with SB 1953 for seismic compliance. They said that the Cities of Indian Wells and Rancho Mirage would also be approached on May 2, and in the third week of May, respectively. The amount raised to date is $50 million, with the Annenberg Foundation donating $25 million and $25 million pledged from other sources. Mr. Landes presented the City Councilmembers each with a complete packet of information on the matter, and he requested that a Study Session be scheduled with the City Council in order to present all the data and be able to discuss it in detail. With City Council concurrence, Mr. Landes was asked to work with the City Manager's Office on this matter. MS. DORI CREE, 47-400 Southcliff Road, Palm Desert, spoke to the City Council, first to express her thanks to Parks & Recreation Planning Manager Jeff Winklepleck for all he had done on the Homme/Adams Park project. Secondly, she still had concern about the gates to be located there and also asked that parking for the area be controlled in order to keep the public from wandering around in the area at night. VI. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE THE CITY OF PALM DESERT'S NEW HOUSEHOLD HAZARDOUS WASTE FACILITY — THE COACHELLA VALLEY'S FIRST (Rescheduled from the meeting of April 11, 2002). MR. FRANK ORLETT, District Manager, Waste Management of the Desert, presented Mayor Kelly and the City Council with Waste Management's "Environmental Vision Award," in recognition of the City's opening of the Household Hazardous Waste (HHW) Facility for its residents. The facility is located at Waste Management's Palm Desert office and open Saturdays from 9:00 a.m. to 2:00 p.m. B. PRESENTATION TO RECOGNIZE JANET KRUDER FOR HER SERVICE TO THE CITY OF PALM DESERT AND ITS EL PASEO BUSINESS ASSOCIATION BOARD OF DIRECTORS. Ms. Kruder was unable to attend this meeting; her presentation will be rescheduled. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 2002 C. PRESENTATION TO RECOGNIZE GAIL PAPARIAN FOR HER SERVICE — TO THE CITY OF PALM DESERT AND ITS PROMOTION COMMITTEE. On behalf of the City Council, Mayor Kelly presented Ms. Paparian with an engraved crystal clock and expressed the City's sincere appreciation for all the time and effort she had given. D. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT EMPLOYEES FOR EXCEPTIONAL SERVICE. The following City of Palm Desert employees were recognized by the City Manager and City Council for exceptional service: Ryan Gayler, Paul Gibson, Luis Espinoza, Jeff Winklepleck, Rachelle Klassen, Troy Kulas, Alana Townsend, Lorena Armenta, Janet Moore, Mary Clark, and Dorina Mohan-Cibian. Councilman Spiegel moved to add the following two items to the Agenda. Motion was seconded by Ferguson and carried by a 4-0 vote, with councilman Crites ABSENT. E. CONSIDERATION OF REQUEST FROM WASHINGTON CHARTER SCHOOL RELATIVE TO ITS "ODYSSEY OF THE MIND" TEAMS' PARTICIPATION IN WORLD COMPETITION. Mr. Allan Lehmann, Principal of Washington Charter School, thanked the City of Palm Desert for its generous donation of funds to offset some of the costs of sending students to the "Odyssey of the Mind" competition. He reviewed his letter (distributed to the City Council). He noted that two of the teams qualified for the World Competition in Boulder, Colorado, May 22-26, 2002, and he requested additional funding in the amount of $15,000 from the City of Palm Desert to send 14 students and 5 coaches, the cost of which was expected to exceed $20,000. Upon question by Councilman Spiegel, Mr. Lehmann responded that their hope was to receive $3,000 to $4,000 from Desert Sands Unified School District. Councilman Spiegel stated that one of his fellow Councilmembers had suggested that the City of Palm Desert match the amount given by the District. Mr. Lehmann responded that he was not sure the District would match dollar for dollar the funds donated by the City of Palm Desert. Councilman Ferguson said he did not feel the District was giving its fair share to begin with, and the City of Palm Desert had traditionally assisted MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 2002 the schools that have shown exceptional performance. He said it was his recollection that the Council had indicated when these teams went to the State competition that the City of Palm Desert would provide assistance if any of the teams went on to the World Competition. His concern was that, even if the City matched the District funds, the teams would end up with less than half of what they need to go to the World Competition. He said he was in favor of approving the full amount as requested. Mayor Pro-Tem Benson said the Council was proud of the students, their achievements, and the awards they bring back. However, since the Council has already given out almost half a million dollars for special requests this year to various students and different contests, she would be in favor of giving $5,000 and then seeing what the School District does. She said she felt the District should step up to the plate and help these students. She added that while the District was very vocal in taking credit for what the students do, it never gives the City of Palm Desert credit for helping. Councilman Ferguson stated that May 22"d was only a few weeks away, and he expressed concern with waiting to see if Desert Sands will come through. He said he did not want to put the students in the middle and leave them hanging. Councilman Spiegel moved to, by Minute Motion, approve the request for funding in the amount of $10,000. Motion was seconded by Benson and carried by a 4-0 vote, with Councilman Crites ABSENT. F. CONSIDERATION OF REQUEST FROM PALM DESERT HIGH SCHOOL RELATIVE TO ITS "ODYSSEY OF THE MIND" TEAM'S PARTICIPATION IN WORLD COMPETITION. Mrs. Gilligan noted the letter distributed to the Council from Principal Patrick M. Walsh requesting a contribution from the City of Palm Desert to help its "Odyssey of the Mind" team attend the World Competition in Boulder, Colorado. Councilman Spiegel moved to, by Minute Motion, approve the request for funding in the amount of $5,000. Motion was seconded by Ferguson and carried by a 4-0 vote, with Councilman Crites ABSENT. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 2002 VII. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of April 11, 2002. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 80, 81, 82, 83, 84, 81 PD Office Complex, and 84PD Office Complex. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Michael S. Alcantar for El Charro Taco Shop, 72-785 Highway 111, #B 1, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Salvatore Longo and Girolamo DiSalvo for Locanda Toscana, 72-695 Highway 111, #A 9-10, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Bananaz Grill & Bar Palm Desert, Inc., 72-291 Highway 111, Palm Desert. Rec: Receive and file. F MINUTES of the Housing Commission Meeting of March 13, 2002. Rec: Receive and file. G. LETTER OF RESIGNATION from Bernard (Ben) Kurtz from the Housing Commission. Rec: Receive with very sincere regret. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 2002 H. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Installation of Traffic Signals at Washington Street and Woodhaven Country Club; and at Portola Avenue and Fairway Drive (Contract No. C20100, Project No. 551-01). Removed for separate consideration under Section VI I I, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. I. REQUEST FOR AWARD OF CONTRACT for the Interior Remodel of the Palm Desert Police Substation Located at 42-305 Washington Street, Suite C (Contract No. C19830). Rec: By Minute Motion: 1) Award the subject contract to Wise Maintenance & Construction, La Quinta, California, in the amount of $49,050 and authorize the Mayor to execute same; 2) authorize a 10% contingency for the project; 3) appropriate said funds from the Unobligated General Fund and from applicable Police Department Grant Funds; said approval subject to the City Attorney's approval of the agreement language. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C17661 — Landscape Maintenance Area No. 1. Rec: By Minute Motion, approve Change Order No. 1 in the amount of $345 to the subject contract with Garza Landscaping, Inc., Indio, California, for additional maintenance work required for the median area of the intersection of Highway 111/Highway 74/ Monterey Avenue. K. REQUEST FOR APPROVAL of Final Tract Map 28590 (Lantana Properties, LLC, Applicant). Rec: Waive further reading and adopt Resolution No. 02-34, approving the final subdivision map of Tract No. 28590 and approving the agreement relating thereto. L. REQUEST FOR AUTHORIZATION to Release Improvement Security for Tract 25296-6 (Bighorn Development, LLC, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the subject improvement securities. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 2002 M. REQUEST FOR AUTHORIZATION to Release Improvement Security for Ramona Avenue Well Site (Bighorn Development, LLC, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the subject improvement securities. N. REQUEST FOR APPROVAL of Out -of -State Travel for Landscape Specialist to Attend the International Society of Arboriculture's 78th Annual Conference. Rec: By Minute Motion, approve the Landscape Specialist's out-of-state travel for the subject conference to be held in Seattle, Washington, July 27-31, 2002 — funds are available in Account No. 110-4614-453-3125. O. CONSIDERATION of Recommendation by the Art In Public Places Commission Relative to Artwork for the Alessandro Plaza. Removed for separate consideration under Section VIII, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. Councilman Ferguson asked that Items H and 0 be removed for separate consideration under Section VIII, Consent Items Held Over. Mrs. Gilligan asked if Item I could be approved subject to the City Attorney's approval of the language in the agreement. Upon motion by Spiegel, second by Benson, the remainder of the Consent Calendar was approved as presented by a 4-0 vote of the Council, with Councilman Crites ABSENT. VIII. CONSENT ITEMS HELD OVER H. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Installation of Traffic Signals at Washington Street and Woodhaven Country Club; and at Portola Avenue and Fairway Drive (Contract No. C20100, Project No. 551-01). Councilman Ferguson stated that with regard to the traffic signal at Portola Avenue and Fairway Drive, the Council had decided to install a signal at Shadow Mountain and Portola and monitor its progress and evaluate later installations. He said he felt the report was a little lean as far as the progress of the Shadow Mountain signal and the current need to install one at Fairway Drive. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 2002 Mr. Greenwood stated an extensive study had been done on Portola Avenue regarding the traffic controls. There were currently a series of stop signs, and staff felt there were excessive delays at those stop signs during peak hours. With regard to the signal at Shadow Mountain, staff felt it was very successful and had received only positive comments from the community. Staff also felt it was now time to do the installation of a signal at Fairway. He noted that this intersection met four or five of the eleven warrants, which was a good, strong indication that a signal would help conditions. The signal could interconnect with Shadow Mountain and then with El Paseo, and it would then be possible to regulate traffic speed. Mayor Pro-Tem Benson said she was not in favor of this signal when it came up before, and she was still not in favor of it now. She said she does not see school children walking down Portola to cross at Fairway, and she did not feel a signal would be a benefit in this regard. She said she would be in favor of a signal at Woodhaven and Washington but not at Portola and Fairway. She added that she felt the signal at Shadow Mountain had been more than successful. Councilman Spiegel agreed with Mayor Pro-Tem Benson as far as the signal at Fairway; however, with regard to the signal at Woodhaven and Washington, he asked if the adjacent enclosed subdivision was participating in the cost. Mr. Greenwood responded that Woodhaven Country Club had agreed to cooperate in the cost of the signal, although Easthaven (that apartment complex in the County) had not. Councilman Ferguson agreed with comments made about Fairway and Portola as well. He said his concern with a signal at Fairway and Portola was that it would make it easier for people to use Fairway as a cut -through from Indian Wells and, therefore, increase the traffic. He added that he had never experienced a problem with the traffic on Portola at Fairway. Councilman Spiegel moved to, by Minute Motion, authorize the City Clerk to advertise and call for bids for the traffic signal at the Washington Street and Woodhaven Country Club intersection and DENY calling for bids for the traffic signal at the location of Portola Avenue and Fairway Drive. Motion was seconded by Ferguson and carried by a 4-0 vote, with Councilman Crites ABSENT. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 2002 O. CONSIDERATION of Recommendation by the Art In Public Places Commission Relative to Artwork for the Alessandro Plaza. Councilman Ferguson stated he had asked that this item be removed for separate consideration because while the Council was being asked to approve a design concept, it did not have a representation of the design. He said the City's Community Arts person had, therefore, provided said representation for the Council to review. Councilman Ferguson moved to, by Minute Motion, concur with the recommendation of the Art In Public Places Commission and approve Carl Voce's request to commission Artist Michael Watling to create an artwork for the Alessandro Plaza. Motion was seconded by Spiegel and carried by a 4-0 vote, with Councilman Crites ABSENT. IX. RESOLUTIONS None X. ORDINANCES For Introduction: None For Adoption: None XI. NEW BUSINESS A. REQUEST FOR APPROVAL OF ACTIONS RELATIVE TO THE 2002/03 CONSOLIDATED PALM DESERT LANDSCAPING AND LIGHTING DISTRICTS. Mr. Alvarez reviewed the staff report and offered to answer any questions. He noted a modification to the resolutions and said he had been advised by the consultant, MuniFinancial, that Resolution No. 02-37 should be eliminated. This resolution was approval of the final engineer's report, and this would come during the public hearing on June 27"' Mrs. Gilligan noted there was also an additional resolution in the packet that was not listed on the Agenda which, if adopted by Council, would be Resolution No. 02-39. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 2002 Councilman Spiegel moved to waive further reading and adopt: 1) Resolution No. 02-35, initiating proceedings for the levy and collection of assessments for Consolidated Palm Desert Landscaping and Lighting District, Fiscal Year 2002/03, pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code; 2) Resolution No. 02-36, for preliminary approval of the Engineer's Report regarding the proposed levy and collection of assessments for the Consolidated Palm Desert Landscaping and Lighting District, Fiscal Year2002/03; 3) Resolution No. 02-38, declaring intention for the levy and collection of assessments for the Consolidated Palm Desert Landscaping and Lighting District and calling for a property owner protest ballot proceeding for all proposed assessment increases in any of said zones for Fiscal Year 2002/03; and 4) Resolution No. 02-39, ordering the levy and collection of assessments within the Consolidated Palm Desert Landscaping and Lighting District for Fiscal Year 2002/03. Motion was seconded by Benson and carried by a 4-0 vote, with Councilman Crites ABSENT. Mr. Alvarez noted that the staff report included a brief report on the issue regarding one of the residents who spoke out during Oral Communications at the last meeting, Mr. Bill Besse. Upon question by Councilman Ferguson, he said Mr. Besse would be provided with a copy of this report. Mayor Kelly questioned the $4,000 one-time charge for the Sonata II District. Mr. Alvarez responded that it was $4,000 figured in each year for the next five years to cover the renovation. He said if the renovation is not done, the assessment would go from the proposed $284 (with renovation) to $224 (without renovation). Public meetings had been held with residents, and they were advised that the cost of the renovation would be included in their ballots. Some were in favor and some were not. Mayor Kelly said he felt there should be a way for the residents to vote for the assessment without the renovation. He expressed concern that residents had to vote to either have the assessment district with the renovation or stay with the old way. Mrs. Gilligan asked whether the ballot could be worded so that residents have the option of with or without renovation. Mr. Spencer Knight responded that the ballot did not give residents that option, although it had not yet been mailed out. MR. JIM McGUIRE, MuniFinancial, stated that part of Council's direction at this time was to make that determination as to whether or not to include the renovation in the ballot. He said the report could be modified to exclude the renovation and ballot for the $224 or it could be for the entire amount. If the ballot is for the full amount, and the vote comes back "no", they would revert 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 2002 to their current level of assessment for this fiscal year. The City could, at a later point in time, ballot them again for an assessment in between that, for the $224, but there is not real ideal way to give them an option in how they vote. Councilman Ferguson said he had raised an issue at the last meeting relative to the policy with respect to turf and drought -tolerant landscaping. He said it appeared that a decision was made at the staff level to have drought -tolerant rather than turf, and the residents will be given an "all or nothing" proposal to pay for it. He said there is still no articulate policy on this issue, yet decisions are being made and assessments being forced on residents. He said he was uncomfortable proceeding on this drought - tolerant policy without the Council at least having the chance to discuss whether it should be implemented City-wide. Mayor Kelly said he was uncomfortable with not giving the residents the opportunity to choose which way they want to go. Councilman Spiegel agreed. MR. MCGUIRE said the Council at this point in time had the option to go forward with balloting the residents for the lower assessment amount, without the renovation, and postponing the renovation of the landscaping until such time as the Council makes a decision on whether it wants to go entirely with drought -tolerant. The residents could then be balloted again for an increase in their assessments to handle the renovation. Councilman Spiegel moved to modify the preliminary engineer's report to reflect the $224 assessment to that particular zone. Motion was seconded by Benson. Councilman Ferguson said he did not feel staff should be coming up with the renovations without the Council's approval and then putting them out to a vote of the residents. Upon question by Mayor Kelly, Mr. Knight responded that there were approximately four other districts that had some level of renovation in them. Councilman Ferguson suggested that the Council look at all of the districts. He asked how many of these renovations included taking sod and converting it to drought -tolerant landscaping, and Mr. Knight responded that there were one or two more. Councilman Spiegel withdrew his motion, and Mayor Pro-Tem Benson withdrew her second. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 2002 After additional discussion, Mayor Pro-Tem Benson moved to reconsider Council's previous motion to adopt Resolution Nos. 02-35, 02-36, 02-38, and 02-39. Motion was seconded by Ferguson and carried by a 4-0 vote, with Councilman Crites ABSENT. Councilman Spiegel moved to continue this matter to the meeting of May 9, 2002. Motion was seconded by Ferguson and carried by a 4-0 vote, with Councilman Crites ABSENT. B. CONSIDERATION OF THE PROPOSED LANDSCAPE CONCEPT, PHASING, AND LANDSCAPE AGREEMENT WITH WESTFIELD CORPORATION. Mr. Ortega noted the staff report in the packets and offered to answer any questions. Councilman Ferguson noted that staffs recommendation was to review a proposed landscape concept, which was not in Council's packets, and refer the plan to Architectural Review Commission. He asked if Council would have a chance to review the plan itself. Mr. McCarthy responded that the developer was prepared to make a presentation of the concept to the Council. As far as Council having a chance to review the plan beyond this meeting, he said it was not contemplated within this agreement in process; however, Council could review the actual plan if it so chose. Councilman Spiegel commented that there were specific important dates in this project, the first being November 1, 2003, the second and third being in 2005 and 2006. He felt that per the agreement, November 1, 2003, would give the Council a long time to look at the landscaping plan tied to the respective periods, and he suggested considering the issue in that fashion. Councilman Ferguson said he would feel more comfortable if the Council had an opportunity to see what Architectural Review Commission says about the plan and then be able to comment on it rather than having to make a final decision on something he will see for the first time at this meeting. Mr. McCarthy stated that staffs intent was to try and define all four different landscape areas, define exactly what would be done in those four areas, agree to the time line, have the security in place, and then proceed. He said staff was going to have to make some modifications to decouple some of the issues in order to keep moving forward on the parking structures while leaving the Council the opportunity to have a full review of the actual landscaping. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 2002 Mayor Pro-Tem Benson questioned the $600,000 in surety bonds to be provided by Westfield. She said in the initial presentation, Westfield indicated the landscaping would be done in four different phases because the cost was over $1 million, and they did not have it all at once. Mr. McCarthy said there were actually five phases: 1) The project phase, the up -front landscape effort that would be concurrent with improvements that would be occurring immediately, approximately 45% of the landscape improvements; 2) four follow-on phases in different areas that would be completed in approximately November 2006, and those four areas total approximately $600,000. Councilman Ferguson said he would not feel comfortable approving this without Councilman Crites at least having an opportunity to look at it. MR. DAVE HOKANSON, Vice President of Development, Westfield Corporation, 11601 Wilshire Blvd., Los Angeles, addressed the Council, stating that equal pressure had been exerted by both his company and by City staff to get a landscape plan hammered out. He said it involved a City standard versus an existing project where the 60% of area in question and really being affected wasn't necessarily new; and the agreement they had struck with staff indicated Westfield would replace the existing trees, or the location where there were trees, on a tree for tree basis and also reconfigure planters so they come closer to the City criteria. He apologized for not having a plan before the Council before this meeting, but he said the plan was being worked on up until approximately 3:45 p.m. today, with continuing adjustments being made. He believed there was conceptual agreement with the plan and its phasing; the new plan was not a big departure from where the center is at today, other than the fact that they would be bringing in new and healthy specimens and creating planting conditions where the specimens would thrive. Councilman Ferguson asked if there was any reason why final approval could not be held until the next meeting, and Mr. Hokanson said there was no reason. Councilman Ferguson said he had spoken with Councilman Crites before he left, and he felt this matter should be continued until Councilman Crites is able to provide his input. Upon question by Councilman Spiegel, Mr. Knight said he had looked at these plans and felt they complied with the direction the City is going and provided an opportunity to progress with the development and make sure it gives a good representation for the City and for the project. He clarified that the specific landscape plan for each particular phase was yet to be put in place; it was just a general concept at this time— the initial work at the entries, part of the Project Phase, and other standards would be pursued in 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 2002 the continuing phases. In response to question, he didn't have any opposition to the full Council agreeing with him rather than four members. Councilman Spiegel expressed concern that the parking structure not be delayed. Councilman Ferguson agreed and said there should be a way to structure it so that the parking structure can move forward while allowing for the fine tuning, if necessary. Mr. McCarthy said all staff needed was direction that this is the City Council's intent, that while we want security, we are prepared to decouple the commencement of the funding from this landscape issue. Councilman Ferguson stated that if there are surety bonds for four stages at $150,000 per surety bond, and the issue is simply how to spend the money rather than if to spend the money, he did not know why that would hold up the parking structure. Mr. McCarthy responded the issue was that the surety bond needed to be attached to a specific plan. He said there might be a mechanism in lieu of that where there is some guarantee or pledge by the developer that could be substituted with a surety bond once there is an agreed upon plan. MR. HOKANSON said the other side of that was that stemming from the March 28th meeting, they had received design approval for the project from the City Council. That design was contingent upon a landscape agreement being put into place within 30 days, and it could be extended for an additional two weeks, but it meant that there wasn't a design for another two weeks, which may very well place the Building Official into a tough spot for issuing permits. He noted that they did not have permits at this point, although they had authorizations to proceed on a very limited basis. Councilman Ferguson said as he understood it, the Council tied the permit process to an approved landscape plan to ensure the City got an approved landscape plan. Westfield was now offering bonds in lieu of that contingency, or possibly it could be structured to be in lieu of that contingency. So the City has the assurance that the landscape plans will be done; it's just a matter of how they will be done. He said if action is needed to decouple that to allow the construction and the permit process to move forward on the parking garage, he was completely comfortable doing so. MR. HOKANSON said he appreciated that consideration. He said the plan was intended to inhibit "design creep," which it seemed that a large percentage of the components of the project that tended to get bigger and 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 2002 bigger based on the variety of opinions, albeit good, that floated around the City. Therefore, he said Westfield was trying to get a plan, get it phased, get an agreement that put the surety into place, and then move forward with all comfort. He fully expected to move planters around or move trees left/right or otherwise in the course of preparing construction documentation, which he assured would be done closely with staff. He hoped to leave today's meeting with some sense of security that a decision would be final. Upon question by Councilman Ferguson, Mr. McCarthy believed an agreement could be executed that accepted sureties for the stages, as described, and decoupled the requirement for an approved plan being tied to the issuance of permits. He went on to say he had not understood that the permits were the issue pending; he felt it was the City's ability to authorize funding of progress payments, which were just as important as the permits were. He said be it permits, be it funding, they could be easily decoupled, it was just to a certain extent if the City was accepting that the developer would act in good faith in giving a plan. He was certain that there was a way to meet the objective, and there were mechanisms other than sureties for doing so. He said the surety had been proposed because it was developer's preference. MR. HOKANSON answered there was definitely a will to make it happen. He proposed that if the City approved a site development or site improvement permit for curbs, gutters, sidewalks, planters, etc. when the landscape plan was not in place, it was a sure bet that they would go back and modify those components. Those were things that possibly needed to be addressed today. He said if a plan could be agreed to in concept, it would really help. Councilman Ferguson acknowledged that point, reiterating that Councilman Crites was present for the initiation of the discussion. The Council was asked to trust Westfield, but Councilman Crites wasn't prepared to do so, and staff had tried to propose something additional to provide that assurance. Therefore, Councilman Ferguson explained he was extremely reluctant to approve a plan when the one person with reservations was not present. Responding to inquiry, Mr. McCarthy felt it was possible to move forward with a mechanism that authorized staff to commence funding on the parking structure, pursuant to the agreement, that decouples the landscape and brings it back for the Council's consideration and final approval, at which time the sureties are put into place. He again offered that maybe there was an alternative security that could handle this issue. He went on to say that there was a mechanism that would provide the City with control, inserting language in the permit with a date certain that if Westfield had not performed 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 2002 as requested, the City would have authorization to issue a stop on the construction, but it would pose a significant issue for financing. MR. HOKANSON responded that if the landscaping could be decoupled from the financing of the garage and from the design approvals, making it stand on its own, it would provide an opportunity for the rest of the project to flow. He said he really wanted a landscape agreement with zone specific and plant specific information. Mr. McCarthy asked how close Westfield was to pulling the permits for construction of the parking structure and where it was in the construction document/plan check process. MR. HOKANSON said he would defer response to Building & Safety Director Homer Croy. However, for the authorizations received, his organization was about a week and a half from finishing the underground portion on the parking structures. Therefore, time was of the essence. Mr. Croy reported that his office had just begun the second review, which he estimated would be finished in five working days or Tess. Mr. McCarthy asked if Mr. Hokanson was prepared to accept a covenant on the work; meaning if Westfield had not performed on the duty to provide the landscape concept to the satisfaction of the City Council, the City would have the right to, with an ample window of time (e.g. 90 days), issue a stop notice. MR. HOKANSON said he was not, primarily from the standpoint that he lacked confidence his own team would be able to pull things together in sufficient time. At this point, he was at a loss. He wanted to move forward, but if he was required to back up 30 days, it might mean the project would not make the November 2002 completion of the parking structures. Currently, he said the parking situation on site was just short of catastrophic. Councilman Ferguson again commented he felt decoupling the landscape plan wasn't a big deal; it could go through the Committee, Councilman Crites could see it upon his return. The two issues were tied together for the City's security, but he didn't feel it was that important that it remain tied to the parking structure, particularly if surety bonds were offered. Mayor Kelly said he had spoken with Mr. Hokanson today, and they disagreed about what happens with the bus shelter, which he felt was important to settle. He said he thought it was in the agreement that the developer would build a bus shelter; however, it was the developer's opinion that the City was responsible for it. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 2002 Mayor Pro-Tem Benson asked who put in the bus shelter at Desert Crossing, and Mayor Kelly responded that it was done by the developer. The same was true for other developments in the City. MR. HOKANSON stated that the developer did, pursuant to the City agreement, have an obligation to allocate sufficient right-of-way, to the extent additional right-of-way is required, for a bus shelter along Town Center Way, and they were prepared to do so. He said they were also required, pursuant to the agreement, to produce a design, acceptable to the City and SunLine, for a shelter. The design would then be given to the City to build the shelter. He added that this was the way it was stated in the agreement executed in 1999. After additional discussion, and upon staffs recommendation, Councilman Spiegel moved to, by Minute Motion, refer this matter to staff, with direction that: 1) The City Council is open to decoupling the landscaping and bus shelter issues from the agreement, with the understanding that final approval will rest with the City Council; 2) if, at the staff level, an acceptable security mechanism can be determined, permits could be issued, subject to the developer's compliance with the other provisions of the agreement, and progress payments may proceed as agreed to. Motion was seconded by Ferguson and carried by a 3-1 vote, with Mayor Kelly voting NO and Councilman Crites ABSENT. Mayor Kelly stated that he voted against the motion because he felt the developer should step up to the plate as far as the bus shelter is concerned. C. REQUEST FOR APPROVAL OF FIRST ANNUAL DESERT COMMUNITY MUSIC EXPO, A FREE OUTDOOR MUSIC FESTIVAL, MAY 18, 2002, AT THE NORTHEAST CORNER OF SAN PABLO AND ALESSANDRO, INCLUDING CLOSURE OF 350 FEET OF ALESSANDRO SOUTH OF MUSICIAN'S OUTLET Case No. TUP 0 2 -3 8 (Aaron Hewitson/Musician's Outlet, Applicant). Mr. Drell reviewed the staff report and offered to answer any questions. He said this music festival was scheduled to be held on May 18' at Musician's Outlet at the northeast corner of San Pablo and Alessandro. He said this had been approved by the Sheriff's Department, with recommendation for four additional deputies to participate in the security for the event. Staff recommended that at least half of the $2,500 cost for the additional officers be borne by the City from the Police Contingency Fund. Mayor Pro-Tem Benson said she felt there were enough events held in the Park, and this was not the proper place to have something like this. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 2002 MR. AARON HEWITSON, Musician's Outlet, explained the proposed event, noting that this would include live performances by local high school bands, including the drum line from La Quinta High School, the choir from Wilson Middle School, Palm Springs High School jazz band, Katherine Finchey Elementary School Broadway Stomp, etc. He said this was not a rock concert, such as was being held in Indio this weekend. The focus was to promote awareness of the importance of music in education, how it affects scholastic ability and scores, and it would bring the community together in a different way. At the conclusion of the performances by the schools, the students would be selling various items to raise money for their own programs, and all the funds would go to those schools. Upon question by Councilman Spiegel, Mr. Hewitson responded that he had approached both Palm Desert High School and Palm Desert Middle School relative to their participation in this event. Palm Desert Middle School would be performing at the Math Field Day, and Palm Desert High School's Honor Band was unavailable. Councilman Ferguson asked how many people were expected to attend, and Mr. Hewitson responded that he was hoping for between 1,500 and 2,000 throughout the day. Councilman Ferguson stated that if this had gone through the Promotion Committee for review, the applicant would have gotten some of the history of other groups that are not -for -profit that had asked to close City streets and the costs associated with that, etc. He applauded what Mr. Hewitson was trying to do, but he felt it would have been more appropriate to do it at the Civic Center Park rather than right outside the store where music equipment is being sold. That way the whole community could have come and laid out blankets and enjoy the music of a traditional music festival. He said he also was not sure having the event right outside the store and asking the City to pay for half of the cost of the additional security was all that consistent with some of the other policies in the past with other organizations that were not -for -profit. He added that the City had frowned in the past on making exclusive use of public property for for -profit businesses. He said he was all in favor of a music festival, but he did not know that closing a City street for it in front of the applicant's store was necessarily the best venue in which to do it. Councilman Spiegel said this appeared that the City was being asked to help a business owner sell merchandise. The groups that will be represented are admirable groups, but they are not from Palm Desert. He said one of the main objectives was to get the applicant's products in front of 2,000 people, and the City does not usually give individual businesses funds to help promote their businesses. In addition, to close a street for a business is also 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 2002 something the City does not normally approve, except for the Golf Cart Parade. Mayor Kelly said the street that is proposed for closure is about the easiest street in the entire City to close because there is an adjacent street that most people use anyway. He said the City does so much for El Paseo all the time to try to help those merchants, and this is a small section of Palm Desert that is downtrodden in a lot of ways. He said this was an opportunity to have an event in this location that does something for that small commercial area. He added that he felt $1,266.72 was a small amount for the City to pay to have an event in the City and attract some people. Mr. Hewitson noted that they had obtained signatures from everyone on their side of the street in support of this event and giving permission for customers to use parking spaces located in private Tots of surrounding businesses. He noted that approximately 90°!0 of the businesses in that block were closed on Saturday, and the businesses that are somewhat linear to what they are doing (such as the t-shirt store, Mexican restaurant, Hoot's Fitness, etc.) are being invited to come to the event to stimulate business in that area. Mayor Pro-Tem Benson moved to, by Minute Motion: 1) Approve the outdoor music festival, as proposed, with closure of Alessandro subject to compliance with Police, Fire, Public Works and Community Development requirements; 2) Authorize expenditure of $1,266.72 from the Police Contingency fund to cover one-half of Police Department costs required for the event, subject to the applicant paying one-half of the Police Department costs. Motion was seconded by Spiegel and carried by a 4-0 vote, with Councilman Crites ABSENT. XII. CONTINUED BUSINESS A. UPDATE ON HOMME/ADAMS PARK (Continued from the meeting of April 11, 2002). Councilman Spiegel moved to continue this matter to the meeting of May 9, 2002. Motion was seconded by Benson and carried by a 4-0 vote, with Councilman Crites ABSENT. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 2002 XIII. OLD BUSINESS A. REQUEST FOR APPROVAL OF THE CIVIC CENTER AMPHITHEATER REMODEL AND ESTIMATE ; AUTHORIZATION FOR PREPARATION OF CONSTRUCTION DOCUMENT PHASE OF PROJECT AND TO SOLICIT BIDS FOR CONSTRUCTION OF THE AMPHITHEATER REMODEL. Councilman Ferguson stated he had discussed with Mayor Pro-Tem Benson, separate and apart from a discussion he had with Mayor Kelly, the possibility of continuing this matter until such time as all five Councilmembers are present, given the size of the allocation. Councilman Ferguson moved to continue this matter to the meeting of May 9, 2002. Motion was seconded by Benson and carried by a 4-0 vote, with Councilman Crites ABSENT. B. REQUEST FOR AWARD OF CONTRACT FOR THE TRAFFIC SIGNAL, STREET, STORM DRAIN, AND WATER IMPROVEMENTS ON COOK STREET AND FRANK SINATRA DRIVE (CONTRACT NO. C19620, PROJECT NO. 678-01). Mr. Ortega noted the staff report in the packets. Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract to Granite Construction Company, Indio, California, in the amount of $1,940,000 and authorize the Mayor to execute same; 2) authorize a 10% contingency for the project in the amount of $194,000 — project total of $2,134,000; 3) allocate $550,000 from the Hovley - Water Way to Oasis Project Account No. 213-4679-433-4001; 4) appropriate $1,086,186.27 from Unallocated Measure "A" Funds to the Project Account No. 213-4363- 433-4001. Motion was seconded by Benson and carried by a 3-1 vote, with Councilmen Crites and Ferguson ABSENT. XIV. PUBLIC HEARINGS None XV. REPORTS AND REMARKS A. CITY MANAGER None 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 2002 B. CITY ATTORNEY 1) Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 74-065 Goleta Avenue, Palm Desert (APN 625-022-005) Negotiating Parties: Agency: Justin McCarthy/Lauri Aylaian/City of Palm Desert Property Owner: Mark and Jodie Ratliff Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) United American Utilities v. City of Palm Desert, et al., Riverside County Superior Court Case No. INC 027877 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Conference with Legal Counsel regarding significant potential to initiate litigation pursuant to Government Code Section 54956.9(c): Number of potential cases: 1 Public Employment pursuant to Government Code Section 54957: Title of Position: City Manager 2) Report and Action from Closed Session Made at This Meeting. None C. CITY CLERK None 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 2002 D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Mayor Pro-Tempore Benson reiterated her concern for maintenance of City property. She observed that currently on the property along the north side of Fred Waring Drive, the ground was covered with dead palm tree fronds and husks. She suggested that a dump truck pick up the waste and that the lot be raked out. Further, she said houses were also boarded up along Portola Avenue, and it would probably be months before anything else would happen there while the condition of the lots deteriorated. She commented that any other private property owner would be subject to a Code Compliance citation; therefore, she asked that both locations receive attention in the very near future. 2. Councilman Spiegel requested that one of the items of Potential Litigation listed under Government Code Section 54956.9(b) be concerned with the Sears relocation. 3. Councilman Ferguson commented that he had received correspondence regarding the Gabby Hayes home in Palm Desert. Mr. Ortega responded that staff had been working on the matter and would bring the Council a report on what the gentleman wants to do and what staff would recommend. o City Council Committee Reports: None o City Council Comments: 1. Mayor Pro-Tempore Benson noted that the Historical Society had sent her a letter about housing plans that were held by the Palm Desert Property Owners Association at the time it disbanded and subsequently turned over to the Historical Society. She said since they were of no historical value nor of value to anyone but the owners of the properties involved, they were now being offered for a fee as a fund raising item to sell them to the property owners. She said they had not yet 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 2002 found any plans as old as 1973; but if they did, they wondered — if the City wanted copies. Mr. Croy responded the only thing of concern to the City was if they were signed or stamped by an engineer or architect licensed in the State of California, permission would be required in order to disperse the plans. However, he said the property owner could secure a legal copy for their own purposes. XVI. ADJOURNMENT With Council concurrence, Mayor Kelly adjourned the meeting to Closed Session at 6:16 p.m. He reconvened the meeting at 6:45 p.m. and immediately adjourned with no action announced from Closed Session. ATTEST: r'-\\I V SHEILA R. GILLIGA CITY OF PALM DES ITY CLERK , CALIFORNIA pi4i4 RICHARD S. IZELLY, MAYAR