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HomeMy WebLinkAbout2002-03-28MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 28, 2002 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER Mayor Kelly convened the meeting at 4:04 p.m. II. PLEDGE OF ALLEGIANCE - Councilman Jim Ferguson III. INVOCATION - Mayor Richard S. Kelly IV. ROLL CALL Present: Mayor Pro-Tempore Jean M. Benson Councilman Buford A. Crites Councilman Jim Ferguson Councilman Robert A. Spiegel Mayor Richard S. Kelly 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 La Rocca, Director of Housing Martin Pinon, Director of Human Resources Joseph S. Gaugush, Director of Public Works/City Engineer David Yrigoyen, Director of Redevelopment Rachelle D. Klassen, Deputy City Clerk V. ORAL COMMUNICATIONS - A MR. DICK BAXLEY addressed the City Council as a Board Member of the Family YMCA of the Desert and Chair of its Major Gifts Campaign. He said the YMCA had enjoyed a very successful campaign this year, exceeding its target by at least $20,000, or 10%, and the money was still coming in. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 28, 2002 MS. JANICE LYLE, Executive Director of the Palm Springs Desert Museum, addressed the City Council to express great appreciation for its support of the After the Dinosaurs Exhibition recently ended at the Museum. She provided statistics on attendance and the educational benefits realized by school children in Palm Desert and throughout the Valley, which were contained within the report she submitted today in compliance with the Outside Agency Funding Agreement executed for the funding of the exhibition. MR. MICHAEL BRACKEN, President of the Coachella Valley Economic Partnership (CVEP), addressed the City Council to highlight important aspects of CVEP's 2002 Market Analysis, of which he provided a copy to each Councilmember. Councilman Crites suggested that in future review of population increase, the data be broken down by increase due to annexation versus increase internally to the City as it existed from whatever base year being utilized. For example, he explained La Quinta will have expanded 490%; therefore, the report should note when an increase resulted from annexation. MR. BRACKEN responded that next year he would work with CVAG on the GIS information to reflect communities that were able to grow through annexation versus natural growth. VI. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING APRIL 2002 AS CHILD ABUSE PREVENTION MONTH IN THE CITY OF PALM DESERT. Mayor Kelly presented the framed proclamation to Ms. Shirley Pollinger on behalf of the Prevent Child Abuse - Coachella Valley Council. B. PRESENTATION TO THE CITY OF PALM DESERT BY SOUTHERN CALIFORNIA EDISON COMPANY — REBATE FOR L.E.D. TRAFFIC SIGNAL LIGHTS. MS. KATHY DE ROSA and MR. PHIL LE GRAND of Southern California Edison presented the City with a rebate check in the amount of $71,369.75 for the traffic lights installed by the City. She said it was a one-time savings now but would amount to a lifetime of savings over the cost of those lights. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 28, 2002 C. APPOINTMENT OF CITY OF PALM DESERT REPRESENTATIVE TO THE COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT. Councilman Spiegel moved to, by Minute Motion, reappoint Art McKay as Palm Desert's representative to the Coachella Valley Mosquito and Vector Control District. Motion was seconded by Ferguson and carried by a 5-0 vote. VII. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of March 14, 2002. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 75, 76, 77, 78, 76PD Office Complex, and 78PD Office Complex. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE byAlberto Barajas and Susan Barajas for Las Carretas Taco Shop, 40-205 Washington Street, No. 3, Palm Desert. Rec: Receive and file. D. MINUTES of City Committee and Commission Meetings. 1. Civic Arts Committee Meeting of January 14, 2002. 2. Housing Commission Meeting of February 13, 2002. 3. Library Promotion Committee Meeting of January 9, 2002. 4. Public Safety Commission Meeting of January 9, 2002. Rec: Receive and file. E. REQUEST FOR AWARD OF BID for Turf Mower. Rec: By Minute Motion, award the bid for the purchase of a Toro Groundmaster 228 Mower in the amount of $18,545.48 to TurfStar, Bermuda Dunes, California —funds are available in Account No. 110-4610-453-4045. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 28, 2002 F. REQUEST FOR AWARD OF BID for the Purchase of Toro Electric Utility Carts. Rec: By Minute Motion: 1) Reject the low bid made by Electric Car Distributors, Rancho Mirage, California; 2) award the bid for purchase of the subject equipment to Turf Star, Bermuda Dunes, California, in the amount of $12,690.80 — funds are available in Account No. 110-4610-453-4045. G. REQUEST FOR ACCEPTANCE of Proposal for Roofing Maintenance. Rec: By Minute Motion, accept the subject proposal from Petronella Roofing, Cathedral City, California, in the amount of $1,950 per visit — funds will be included annually in the Civic Center Building Repair and Maintenance Account. H. REQUEST FOR EXTENSION of Agreement for Civic Center Lagoon Maintenance Services. Rec: By Minute Motion, authorize continued maintenance services provided by Southwest Aquatics, Palm Desert, California, through June 2002, at a service rate of $1,123.50 per month, for the Palm Desert Civic Center Lagoon — funds are available in Account No. 110-4611-453-3320. I. REQUEST FOR APPROVAL of Agreement with the Coachella Valley Recreation and Park District for Recreational Services (Contract No. C19920). Removed for separate consideration under Section VIII, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. J. REQUEST FOR APPROVAL of Consolidated City Website Maintenance, Site Promotion, and Hosting Services Agreement (Contract No. C19930). Rec: By Minute Motion, approve the subject agreement for services in an amount not to exceed $2,230 per month with Sitewire Marketspace Solutions, LLC, Tempe, Arizona, and authorize the Mayor to execute same. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 28, 2002 K. REQUEST FOR APPROVAL of Contract for StateNet Services (Contract No. C19940). Rec: By Minute Motion, approve the subject contract with State Net, Sacramento, California, in the amount of $2,160 to provide legislative and regulatory reporting services and authorize the Mayorto execute same — funds are available in Account No. 110-4112-410-3060. L. REQUEST FOR APPROVAL of Contracts for SpringFest 2002 Entertainment. Rec: By Minute Motion, approve the following contracts for live stage entertainment at SpringFest 2002 on Sunday, April 21: 1) Contract No. C19950A with Nicole Tracy (The Kid and Nic Show), Los Angeles, California, in the amount of $2,000, 2) Contract No. C19950B with Kal David (Kal David & The Real Deal featuring Lauri Bono) in the amount of $2,000 — funds are available in Account No. 110-4416-414-3061. M. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C16002 — Landscape Maintenance Area No. 6. Rec: By Minute Motion, approve Change Order No.1 in the amount of $570 to the subject contract with Garza Landscaping, Indio, California, and authorize the Mayor to execute same for additional services (Desert Willow Circle) through June 2002 — funds are available in Account No. 241-4195-495-8092. N. REQUEST FOR APPROVAL of Change Order No. 2 to Contract No. C17691 — Landscape Maintenance Area No. 4. Rec: By Minute Motion, approve Change Order No. 2 in the amount of $3,750 to the subject contract with Valley Gardening Service, Palm Desert, California, and authorize the Mayorto execute same for added locations (Frank Sinatra Drive, Monterey Avenue, and Gerald Ford Drive) - funds are available in Account No. 110-4610-453-3370. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 28, 2002 O. REQUEST FOR APPROVAL of Change Order No. 3 to Contract No. C18870 — for Landscape Maintenance Area No. 7. Rec: By Minute Motion, approve Change Order No. 3 in the amount of $2,727 to the subject contract with Garza Landscaping, Inc., Indio, California, and authorize the Mayor to execute same for added locations (President's Plaza III, Canyon Crest at Deep Canyon Road, Hovley Estates North, Daisy Lane) — funds are available in the respective Assessment District accounts. P. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C18630-A — Fred Waring Drive Masonry Block Wall Construction from San Pascual Avenue to Deep Canyon Road (Project No. 679-00) (Cora Constructors, Palm Desert, CA). 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. Q. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C19570 — Storm Drain Improvements at Cook Street and 42"d Avenue (Project No. 641-98) (Dateland Construction Company, Coachella, 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. R. REQUEST FOR AUTHORIZATION to Contact the California Integrated Waste Management Board (CIWMB) and Department of Pesticide Regulation (DPR), Regarding Clopyralid Herbicide. 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. S. REQUEST FOR APPROVAL of the Sale, Possession, and Consumption of Alcoholic Beverages on City -owned Property During SpringFest 2002. Rec: By Minute Motion, permit the sales, possession, and consumption of alcoholic beverages on City -owned property by the Coachella Valley Recreation & Park District in connection with a special event, SpringFest 2002, scheduled to be held on Sunday, April 21, 2002. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 28, 2002 T. REQUEST FOR WAIVER of Fees Associated with the Washington Charter School Ballet Folklorico Dance Troupe Performance. Rec: By Minute Motion, approve the request for waiver of fees by the Washington Charter School Parent Club Foundation for use of the Civic Center Amphitheater and Pavilion No. 1 on Saturday, May 4, 2002. U. INFORMATIONAL ITEMS: 1. Report on the 2001 Riverside County Economic Development Agency Business Visitation Grant. Removed for separate consideration under Section VIII, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. Mayor Pro-Tem Benson asked that Item U-1 be removed for separate consideration under Section VIII, Consent Items Held Over. Councilman Spiegel removed Item P, Councilman Ferguson removed Item R, and Councilman Crites removed Item I for separate consideration. Upon motion by Spiegel, second by Crites, the remainder of the Consent Calendar was approved as presented by a 5-0 vote of the Council. VIII. CONSENT ITEMS HELD OVER I. REQUEST FOR APPROVAL of Agreement with the Coachella Valley Recreation and Park District for Recreational Services (Contract No. C19920). Mr. Ortega stated that a report had been prepared by staff which might help the Council make a decision relative to this matter. He reviewed the report, noting that over the last year, out of 156 requests for reservations, 11 were for family reunions, 3 were for families living within the City of Palm Desert, and the rest were non-profit groups or businesses. Councilman Crites referred to Attachment 3 in the staff report. He expressed concern with charging Palm Desert residents an $80/day reservation fee and said perhaps this was the reason for the lack of Palm Desert residents reserving space in the Park. He said this fee, along with the $20 administration fee and the $100 refundable cleaning deposit, was too high 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 28, 2002 for the residents. He suggested striking the $80 reservation fee for Palm Desert residents. Upon question by Councilman Ferguson, Parks and Recreation Planning Manager Jeff Winklepleck responded that the reservation fee basically takes care of the preparation of the picnic pavilion, meaning the Coachella Recreation and Parks District personnel will go out to clean and post the area that it has been reserved. He said the $100.00 cleaning fee was set several years ago to cover the time spent cleaning up the particular pavilion that was reserved. The $20.00 fee is an administration fee that goes back to the CV Recreation and Parks District. Upon further question by Councilman Ferguson, Mr. Winklepleck stated that the reservation is for the entire day. He said there are a total of five pavilions, and three are available to be reserved. He added that he felt $80.00 was a reasonable fee to have the facility cleaned and posted to make sure strictly the reserving party is allowed to use the facility. Councilman Ferguson noted that the Council had just approved Item T on the Consent Calendar, which was a waiver of the fees for the Washington Charter School Parent Club Foundation. He asked if there was a policy in place if someone does have a hardship with the fees which would provide a waiver if it is felt to be merited. Ms. Pat Scully responded that all requests for waiver of the fees must be approved by the City Council. Mayor Kelly noted that typically the pavilions are reserved by groups rather than individuals. Councilman Crites said his concern was for groups such as families holding birthday parties in the park and wanting to make sure they have a facility reserved. Mrs. Scully stated that anyone having problems paying the fees are invited to apply for a fee waiver. Councilman Crites stated he also had a concern with the opening hours for facilities under this agreement, such as tennis courts and restrooms. He suggested that the hours for at least the summer season be expanded to 6:00 a.m., when people are out jogging, etc. before the day heats up. Mayor Pro-Tem Benson moved to, by Minute Motion, approve the subject agreement between the City of Palm Desert and the Coachella Valley Recreation and Park 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 28, 2002 District and authorize the Mayor to execute same, with additional direction that the opening hours for parks and recreation facilities under this agreement be consistent year around, 6:00 a.m. Motion was seconded by Spiegel and carried by a 5-0 vote. P. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C18630-A — Fred Waring Drive Masonry Block Wall Construction from San Pascual Avenue to Deep Canyon Road (Project No. 679-00) (Cora Constructors, Palm Desert, CA). Councilman Spiegel said he asked that this item be removed for separate consideration because he did not know what was going to be done with Goleta as far as ingress/egress. Ms. Aylaian stated that staff had worked with the engineers to identify two potential ways to get a turn pocket into Goleta. Information about those alternatives and associated costs would be brought back to Council at either the next meeting or the meeting following. Mayor Kelly said he had received a complaint from a constituent relative to continuation of the sound attenuation wall. Ms. Aylaian responded that the project did not include building a wall between this particular resident's property and the CVWD well site, which is what the resident would like to have happen. She said staff did not feel this would be appropriate because it would be improving private property. She said the wall was continuous from the road. There is a continuous wall between the road and the residential parcels. Because CVWD is also between the road and the residential parcels, the wall jogs there, but there is a continuous wall. Councilman Crites said that the well site has a wall all the way around, and Ms. Aylaian agreed. He asked who owned the land between the back of the well site and the residents' wall; she responded that CVWD owns up to the property line, and the residents own up to the other property lines. She said there was an existing wall between CVWD and the resident that was not built by the City. Mayor Kelly said he felt the sound attenuation wall should be continued for all of that area. Councilman Spiegel suggested that this matter also be brought back to the Council with costs. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 28, 2002 Councilman Spiegel moved to, by Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project, with additional direction to staff that the following related issues be returned to the City Council for consideration: 1) Continuation of the sound attenuation wall for a portion of the project; 2) additional ingress/egress for Goleta. Motion was seconded by Crites and carried by a 5-0 vote. R. REQUEST FOR AUTHORIZATION to Contact the California Integrated Waste Management Board (CIWMB) and Department of Pesticide Regulation (DPR), Regarding Clopyralid Herbicide. Councilman Ferguson stated that the Council had agreed not to do anything legislatively unless the matter first went through the Legislative Review Committee. Councilman Ferguson moved to refer this matter to the Legislative Review Committee for its recommendation. Motion was seconded by Spiegel and carried by a 5-0 vote. U. INFORMATIONAL ITEMS: 1. Report on the 2001 Riverside County Economic Development Agency Business Visitation Grant. Mayor Pro-Tem Benson suggested additional items to be added to the survey next year as follows: 1) do you belong to the Palm Desert Chamber of Commerce; 2) if not, why not; 3) what business organizations do you belong to. Councilman Spiegel moved to approve staff's report as presented, with staff directed to include additional questions for next year: 1) Is the business a member of the Palm Desert Chamber of Commerce; 2) why the business is/isn't a member; 3) what other business organizations, if any, does the business belong to. Motion was seconded by Benson and carried by a 5-0 vote. IX. RESOLUTIONS None 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 28, 2002 X. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1011 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM R-2 (7) TO O.P. FOR A 33,020 SQUARE FOOT SITE ON THE NORTH AND SOUTH SIDES OF GUADALUPE AVENUE, 73-026, 73-031, 73-040, AND 73-041 GUADALUPE AVENUE (Hugh V. Jorgensen and Matinee Trust, Applicants). Councilman Crites moved to waive further reading and adopt Ordinance No. 1011. Motion was seconded by Spiegel and carried by a 5-0 vote. XI. NEW BUSINESS A. REQUEST FOR AWARD OF BID FOR REPLACEMENT VEHICLES. Councilman Crites moved to, by Minute Motion, award the bid for the purchase of a utility truck and crew cab flatbed truck in the amount of $55,275.74 to Villa Ford, Orange, California —funds are available in Account No. 110-4310-433-4045. Motion was seconded by Spiegel and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF CONTRACT FOR COMPLETION OF PHASE ONE (MASTER PLAN AND COST ESTIMATE) OF THE CIVIC CENTER TEEN CENTER, PUBLIC WORKS SATELLITE FACILITY, AND ADDITIONAL PARK RESTROOM (CONTRACT NO. C19960). Mayor Pro-Tem Benson moved to, by Minute Motion: 1) Appropriate $40,175 for completion of Phase One (Master Plan and Cost Estimate) of the Civic Center Teen Center, Public Works Satellite Facility, and Additional Restroom project — funds are available in the Parks and Recreation Fund No. 430 and Public Works Account No. 231-4340-433-4001; 2) approve the subject contract with David Evans and Associates, Inc., Cathedral City, California, in the amount of $38,675 plus $1,500 for reimbursables — totaling $40,175 — and authorize the Mayor to execute same. Motion was seconded by Spiegel and carried by a 5-0 vote. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 28, 2002 XII. CONTINUED BUSINESS A. CONSIDERATION OF AN APPEAL TO AN ARCHITECTURAL REVIEW COMMISSION DECISION, DENYING A REQUEST TO PARK AND STORE A RECREATIONAL VEHICLE IN THE FRONT YARD OF THE RESIDENCE LOCATED AT 45-656 MOUNTAIN VIEW AVENUE Case No. RV 02-01 (Lerae B. Moeller, Appellant) (Continued from the meetings of February 28, and March 14, 2002). Councilman Ferguson moved to continue this matter to a time uncertain. Motion was seconded by Spiegel and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF GUEST CURATOR SERVICES FOR THE 2003 EL PASEO EXHIBITION (CONTRACT NO. C19840) (Continued from the meeting of March 14, 2002). Councilman Crites moved to, by Minute Motion, approve the recommendation of the Community Services Division to contract with John Nagus, Palm Springs, California, for "Guest Curator" service for the 2003 El Paseo Exhibition in an amount not to exceed $10,000, with the cost of curatorial services divided equally between the City and the El Paseo Business Association — funds for this purpose are available in Account No. 436-4650-454-4002. Motion was seconded by Spiegel and carried by a 5-0 vote. XIII. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR THE CITYWIDE TREE AND PALM TREE PRUNING PROGRAM (CONTRACT NO. C19780A, PROJECT NO. 587-02). Councilman Ferguson moved to, by Minute Motion, award the subject contract to United Pacific Services, Inc., La Habra, California, in the amount of $113,009, authorize a 10% contingency in the amount of $11,300.90, and authorize the Mayor to execute said contract — funds are available in the FY 2001/02 Budget. Motion was seconded by Crites and carried by a 5-0 vote. B. CONSIDERATION OF REQUEST BY NOBLE & COMPANY, LLC, REGARDING THE BLT PROPOSED TRANSFER STATION AND MATERIALS RECOVERY FACILITY. Mr. Ortega noted a letter from Mr. Noble dated March 27, 2002, relative to this item requesting that the Council schedule a Study Session to allow relevant information to be brought to the Council's attention. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 28, 2002 Councilman Crites noted for the record a letter received from Bob Nelson, General Manager for Waste Management's Division of Accounting, regarding the Edom Hill transfer facility, stating that the goal to reach conclusions and recommendations on a transfer facility and winning proposal was near the end of May. Councilman Spiegel noted that a letter had also been received from Waste Management requesting that they be heard, and he suggested they all be combined into one Study Session. Councilman Spiegel moved to, by Minute Motion, direct staff to schedule a Study Session to consider all applicable proposals for transfer station/materials recovery facility projects at a mutually acceptable time in June 2002. Motion was seconded by Benson and carried by a 4-0 vote, with Councilman Ferguson ABSENT. XIV. PUBLIC HEARINGS None XV. REPORTS AND REMARKS — A. CITY MANAGER Mr. Ortega noted that a presentation had been made to the City Council earlier that day relative to the ongoing remodeling project at Westfield Shoppingtown Palm Desert, and he asked that this item be added to the Agenda. Councilman Spiegel moved to add the following item to the Agenda. Motion was seconded by Crites and carried by a 5-0 vote. 1. Consideration of Results from Presentation by Westfield Corporation and Robinsons May Relative to the Ongoing Remodeling Project at Westfield Shoppingtown Palm Desert. Mr. Ortega stated that the Council would need to approve the plans in order for reimbursements to take place by the Redevelopment Agency under an agreement. He read staff's recommendations as a result of the Council's review of the plans as follows: "That the Council approve the elevation plans for Westfield Shoppingtown and Robinsons May with a contingency that Westfield provide a landscape plan and bus stop plan acceptable to the City within 30 days, with a provision that the City can withhold up to $2.7 million 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 28, 2002 of the progress payments for implementation of the plans." He said representatives from Westfield had proposed an alternative motion as follows: "That the developer shall within 30 days following the first available City's Landscape Design Review meeting enter into an agreement with the City for the phased landscaping of the entire shopping center and/or post an acceptable form of surety guaranteeing the developer's faithful performance of the site landscaping improvements and the bus turnout along Town Center Way." Councilman Crites asked whether the issue was broached relative to some type of parking arrangement near the existing Visitors Center. He said he felt now was an excellent time to work with Westfield regarding how to have better parking and access to that facility. Councilman Spiegel responded that that issue was not discussed during the Study Session. He asked what type of surety bond was being proposed by the developer. MR. DAVE HOKANSON, Vice President of Development, Westfield Corporation, said the most preferred form from his standpoint would be his word, if that is acceptable to the Council. If not, a backup plan would be some form of performance bond or letter of credit. Councilman Spiegel said he would have no objection to meeting the City's commitment to Westfield; on the other hand, he said he needed to feel comfortable that there is some kind of assurance that the City is going to get a bus shelter, landscaping, and better parking for the Visitors Center. MR. HOKANSON stated that they had previously received approval for a landscape master plan from the Design Review Committee, and they had thought that was sufficient; however, between the time of the approval and now, changes had been made to the site plan, and he felt it was necessary to take these changes back to the Landscape Subcommittee. He said they were asking for affirmation or confirmation of the master plan as it was originally envisioned and acceptance of the elements of phasing that are known, which are 60% of the plan. He said perhaps the toughest battle was to try and quantify what is the 40%, what is the relative value, and what is an appropriate implementation schedule. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 28, 2002 Assistant City Manager McCarthy stated that staff's primary concern is the gap from where we are today to getting an acceptable plan and surety. Staff felt retention of the advance for the parking structures would be an interim step, and then subject to substitution of an acceptable surety, upon submittal of a plan that had been approved. Upon question by Councilman Spiegel, he said if he was making the motion, it would be a blended approach. Staff would recommend that the Council approve the elevation plans for the Westfield Shoppingtown and Robinsons May, with the contingency that Westfield provide a landscape plan and bus stop plan acceptable to the City within 30 days, along with a plan for a possible solution to the parking deficit at the existing Visitor Information Center, with a provision that the City can retain $2 million of the progress payment connected to the agreement for parking structure; and upon approval of said plans, a surety in the form and amount acceptable to staff be substituted for the retention monies. Councilman Spiegel moved to, by Minute Motion, approve the elevation plans presented by Westfield Shoppingtown and Robinsons May, with the contingency that Westfield provide a landscape plan and bus stop plan acceptable to the City within 30 days, along with a plan for a possible solution to the parking deficit at the existing Visitor Information Center, with a provision that the City can retain $2 million of the progress payment connected to the agreement for parking structure; and upon approval of said plans, a surety in the form and amount acceptable to staff be substituted for the retention monies. Motion was seconded by Crites and carried by a 4-0-1 vote, with Councilman Ferguson ABSTAINING. Councilman Crites moved to add the following item to the Agenda. Motion was seconded by Kelly and carried by a 5-0 vote. 2. Request for Approval of Palm Desert Representatives' Participation in the Ixtapa-Zihuatanejo Rotary Golf Tournament. Mr. Ortega reviewed the staff report and offered to answer any questions. He said the Council had previously indicated that before the City entertain a serious relationship, perhaps there should some participation in some events to see whether there is really a fit between Palm Desert and this area. Mayor Pro-Tem Benson said the City had spent a lot of money to send an exploratory group down to Ixtapa-Zihuatanejo, and they were supposed to send someone back up to our area to sit down and explore programs, which they really had not done. She said she 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 28, 2002 could see no reason for the City of Palm Desert to spend more money to go down there to participate in a Rotary golf tournament when that kind of money would make a big difference to a lot of our own groups in the Valley. She said if they were interested in pursuing a Sister Cities relationship with Palm Desert, she felt they should send someone up here to discuss it. She added that she felt the City would be highly criticized for doing this, and it was not the way to explore a Sister Cities relationship. Councilman Ferguson agreed. He said there was no Sister Cities relationship with Ixtapa at this time, and this was a Rotary tournament. He said he would encourage the Rotary Clubs to send people down there. He added that it was his understanding that the will of the Committee was to see if there was synergy between the educational, cultural, medical, and service sectors, and then come back and show those bonds and ties. He said he felt this was an ill- timed, ill-conceived, outrageous amount of money. Councilman Crites agreed with comments made by Mayor Pro-Tem Benson. Councilman Spiegel also agreed, although he felt it would be great to have a Sister City in Mexico that citizens of Palm Desert could visit easily, such as Tecate, a city that Palm Desert could help and that is close enough that the residents from both cities could drive back and forth. Councilman Spiegel moved to DENY the request for approval to send Palm Desert representatives to participate in the subject event. Motion was seconded by Ferguson. Councilman Ferguson stated that the Sister Cities Committee had looked at every city in Mexico within driving distance of Palm Desert, and they all have existing Sister City relationships, and the organization will not allow them to have two such relationships. He added that he did not want the Council's "no" vote to be deemed a "no" vote on a Mexico Sister City or the work that the Committee has done thus far. He noted that there was no recommendation on this item from the Committee. Mayor Kelly called for the vote, and the motion carried by a 5-0 vote. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 28, 2002 Mayor Kelly asked if there could be some investigation into the possibility of having some kind of Zink with a city in Mexico that is within driving distance of Palm Desert. After additional discussion and with Council concurrence, the Sister Cities Subcommittee was requested to explore the potential for a Sister Cities "Friendship Link" with a city in Mexico that is within driving distance from Palm Desert. B. CITY ATTORNEY 1) Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Lease Property - Parkview Professional Office Complex - 73-710/720 Fred Waring Drive Negotiating Parties: Agency: Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: State of California, Department of Food & Agriculture Under Negotiation: x Price x Terms of Payment 2) Property: Lease Property - 5,000 sq. ft. ± SEC of San Pablo Avenue/Magnesia Falls Drive (APN 622-250-001) Negotiating Parties: Agency: Carlos L. Ortega/Phil Drell/City of Palm Desert Other Parties: The Consulting Group, Inc., Cingular Wireless Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Eddie Ahmad Babai v. City of Palm Desert, Riverside County Superior Court Case No. INC 013297 b) Eddie Ahmad Babai v. City of Palm Desert, Riverside County Superior Court Case No. INC 025112 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 28, 2002 c) Betty L. Szymanski v. City of Palm Desert, United States District Court - Central District of California d) Renee Capela v. City of Palm Desert, Riverside County Superior Court Case No. INC 021720 e) Ken Weller v. City of Palm Desert, et al., Riverside County Superior Court Case No. INC 025659 f) Herning Enterprises, Inc. dba/Herning Underground Supply v. City of Palm Desert, et al., Riverside County Superior Court Case No. INC 027890 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Councilman Spiegel moved to add the following item (G.C. § 54956.9[c]) to the Closed Session Agenda. Motion was seconded by Ferguson and carried by a 5-0 vote. 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 Conference with Labor Negotiator pursuant to Government Code Section 54957.6: Negotiating Parties: Carlos L. Ortega/City of Palm Desert Palm Desert Employees Organization 2) Report and Action from Closed Session Made at This Meeting. See announcement made at adjournment of this meeting. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 28, 2002 C. CITY CLERK 1. Consideration of Scheduling Adjourned Joint City Council/RDA/Housing Authority Meeting in Early June for Discussion on the FY 2002/03 Budget. With Council concurrence, staff was directed to arrange for a mutually convenient time for the subject meeting during the first two weeks of June. D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Consideration of Request for Funding of the Palm Desert Middle School's Odyssey of the Mind Team (Mayor Richard S. Kelly). Mrs. Klassen noted the staff report and recommendation in the packets. MR. ALLEN LEHMANN, Principal of Washington Charter School, explained this competition and reviewed his recent letter to the City Council. Upon question by Councilman Spiegel, Mr. Lehmann responded that Washington Charter School is sending 42 students, while Palm Desert Middle School is sending 6 students. Councilman Ferguson moved to, by Minute Motion, approve funding in the amount of $1,500. Motion was seconded by Spiegel and carried by a 5-0 vote. 2. Consideration of Request for Funding of the Washington Charter School's Odyssey of the Mind Teams (Mayor Richard S. Kelly). Councilman Ferguson moved to, by Minute Motion, approve funding in the amount of $7,000. Motion was seconded by Spiegel and carried by a 5-0 vote. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 28, 2002 o City Council Committee Reports: 1. Update on Energy Issues (Councilman Buford A. Crites). Councilman Crites reported that the CVAG process is ongoing. Mayor Kelly was present at the last reporting meeting with the consulting firm, and he commented that the presentation was received, asking his colleagues to recall that the Cities of Palm Springs and Rancho Mirage had not agreed to participate in the funding. He said all the cities were being asked to recommit to ongoing exploration and the possibility of forming a Joint Powers Authority (JPA), which would cost very little but would be recognized as an official group working on the process. Further, he said the report included that without all the cities, it would be very difficult; both Palm Springs and Rancho Mirage would need to participate in order to move ahead. He believed this report did a better job of identifying both the benefits and the risks. He offered that he had a comparison chart from the meeting, as well as the report itself, available, and anyone interested in reviewing the information could check with Wilma for it. Responding to question, he said other cities were working hard to convince Palm Springs and Rancho Mirage that they should participate if there was going to be continued study. In additional response, he said the report he had was given in public at the meeting; the report with all the details could still be viewed at CVAG. When asked about his level of comfort with the consultant's objectivity, Mayor Kelly said he had a problem with it. Therefore, he'd asked the City Manager about the City obtaining its own consultant to review the subject report. He noted that to even proceed with the acquisition would cost around $1 million, and to go through the entire process, it would amount to $5 million to $10 million. He said it would have to be determined how that could be funded, what other things should be expected further along in the process, risks, etc. He said the proposal for the City 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 28, 2002 getting its own consultant was anticipated for presentation at the Council's next meeting. 2. Mayor Kelly invited his colleagues to the upcoming open house at the Desert Resorts Regional Airport (Thermal) on April 8 at 3:00 p.m. Further, he noted that he had been elected Chairman at the Board's last meeting. 3. Mayor Pro-Tempore Benson presented her colleagues and the City with a plaque received from the American Cancer Society, a "Community Partner Award" given to Palm Desert for its hosting of the 2001 Relay For Life. She reported ACS also recognized Pat Scully with an award for all the hard work she'd done, making the event one of the most successful. o City Council Comments: None XVI. ADJOURNMENT Upon motion by Spiegel, second by Crites, and unanimous vote of the City Council, Mayor Kelly adjourned the meeting to Closed Session at 5:36 p.m. He reconvened the meeting at 6:40 p.m. and immediately adjourned following an announcement from Closed Session action at this meeting: On a 4-1 vote of the City Council, with Mayor Kelly voting NO, Resolution No. 02-28 was adopted, electing that the City of Palm Desert will be subject to Section 22873 of the Public Employees' Medical and Hospital Care Act (Health Benefits for Domestic Partnerships). A % ST: t SHEILA R. GILL I AN, T CLERK CITY OF PALM DES T CALIFORNIA ICHARD S. KELLY, MAYO 21