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HomeMy WebLinkAbout2005-07-20MINUTES - ADJOURNED REGULAR - JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY WEDNESDAY, JULY 20, 2005 — 9:00 A.M. CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER Mayor Pro TemNice Chairman Ferguson convened the meeting at 9:00 a.m. II. ROLL CALL Present: Excused Absence: Councilmember/Member Benson Mayor/Chairman Buford A. Crites Councilman/Member Richard S. Kelly Councilman/Member Robert A. Spiegel Mayor Pro TemNice Chairman Jim Ferguson Also Present: Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, City Attorney Sheila R. Gilligan, ACM for Community Services Homer Croy, ACM for Development Services Justin McCarthy, ACM for Redevelopment Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Mark Greenwood, City Engineer Mark Diercks, Transportation Engineer Steve Thetford, Asst.Chief, Palm Desert Police/Riverside Co. Sheriffs Dept. III. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilmember/Member Jean M. Benson IV. INVOCATION - Mayor Pro TemNice Chairman Jim Ferguson V. ORAL COMMUNICATIONS None With City Council/Agency Board concurrence, Mayor Pro TemNice Chairman Ferguson suspended the Agenda at this point to take up Section VIII, Old Business - Item A. Please see that portion of the Minutes for discussion and action. MINUTES ADJOURNED REGULAR JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY JULY 20, 2005 VI. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APNs 620-400-025, 620-400-003, 620-420-010 Negotiating Parties: Agency: Justin McCarthy/Lauri Aylaian/ Palm Desert Redevelopment Agency Property Owner: Palm Desert Redevelopment Agency Other Parties: Les Melcher/Woodbine Development Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 VII. RECONVENE MEETING A. REPORT ON ACTION FROM CLOSED SESSION. None VIII. OLD BUSINESS A. REQUEST FOR AUTHORIZATION TO EXECUTE AN AGREEMENT WITH DESERT SANDS UNIFIED SCHOOL DISTRICT (DSUSD) FOR CONSTRUCTION OF LANDSCAPED MEDIANS ON PORTOLA AVENUE ALONG THE FRONTAGE OF WASHINGTON CHARTER SCHOOL (CONTRACT NO. C23870) (Continued from the meetings of June 9, and June 23, 2005). Mr. Ortega explained that the subject item involved the City's request of DSUSD that a median be put in along Portola Avenue as part of the school rehabilitation there. As of this morning, he'd had a meeting with the Superintendent of Schools, and they have sent a representative to this meeting that can elaborate on the matter. He added that it was DSUSD's position that the street was not part of the school and was, therefore, the City's responsibility; the real issue was what the length of the median will be and who will pay for it. Additionally, he had asked Mr. Greenwood to show the City Council/Agency Board where the ingress/egress points and parking 2 MINUTES ADJOURNED REGULAR JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY JULY 20, 2005 are and all of the issues that are involved with the school aside from just the median. In response to question regarding how private developers in the City are treated as compared to the School District, Mr. Ortega answered that the City has direct jurisdiction over approval of a project with private developers; it doesn't in this case, which means it is without the ability to impose the normal conditions of development. However, the Superintendent of Schools had communicated to him that its Board was willing to continue the discussion as to who will pay for the median and how it will get done. Although, there was a letter received indicating that in the meantime, the District would not include it in their construction plans. He felt it would be unfortunate if construction got underway without resolving this issue. Responding to further question, Mr. Ortega replied that staffs original recommendation was for a shorter median; DSUSD would be in charge of its construction, would pay for the engineering and construction management in conjunction with the school project, and the City would bear the median's actual construction expense. He said that recommendation was still viable, or the Council/Agency Board could decide on a different length, i.e., from Shadow Mountain to Fairway Drive, as it suggested at the June 9 meeting. Councilman/Member Kelly offered splitting the costs for the median section that would run directly in front of the school only, and the City Council/Agency Board could expand the length as it had proposed. Mr. Ortega agreed this could be done. Mayor Pro TemNice Chairman Ferguson asked whether or not DSUSD representatives present today had authorization to negotiate with the City Council/Agency Board for this purpose. MS. PEGGY REYES, Desert Sands Unified School District Director of Facilities, responded that she was not authorized to enter into an agreement, but she was authorized to take back the City Council's/Agency Board's proposal. She affirmed Mr. Ortega's conversation with Dr. Wilson and Ms. Whitlingerthis moming and the points he had stated. She explained that DSUSD had been working on this project with the City since 2000. In fact, Councilman/Member Spiegel had been a member of the Educational Specifications Committee for the Washington Charter project, which had its first meeting in January 2000, well before passage of the District's Measure K Bond. Therefore, she said the original design for the school was just for the purpose of modernizing existing buildings; it did not address parking, although everyone agreed it was an issue, the District didn't think it 3 MINUTES ADJOURNED REGULAR JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY JULY 20, 2005 would have enough money. As the project developed, it was determined that more on -site parking was necessary and that something needed to be done with the portables. It was decided that two-story construction would provide the opportunity for new classrooms, as well as enlarged parking, which meant incurring costs of upwards to $16 million for the total project. She said in the first proposal, parents would be entering from Portola, but after meeting with City staff and recognizing the issues, the District agreed to go back to its original plan. Even though it was doing new buildings and providing additional on -site parking, only buses and staff will enter/exit onto Portola; parents will be limited to Lantana and Chicory, as has been the pattern for the past several years. She went on to say in November 2004, District representatives and City staff met to discuss the median in front of the school, and it was understood that the City would pay for about $75,000 of improvements, the District would pick up the cost for engineering, design, construction management — soft costs typically are 20% - 30% of a project, so the District was planning on $20,000 - $25,000 as its contribution. However, the Superintendent has indicated that the District is willing to discuss cost sharing for the median in front of the school. She said she would take back the City Council's/Agency Board's comments and felt they would be looked upon favorably. Upon inquiry, Ms. Reyes confirmed that total cost for the median in front of the school only, as originally proposed, was $100,000 to $125,000. She said the median was already included in the District's construction bid documents, so it would be easy to separate that section of work and identify the costs. Councilman/Member Spiegel noted that a similar jurisdictional issue had arisen with regard to the District's new school site in Bermuda Dunes on Darby Road. He said Darby Road didn't tie in to the street across Washington, and nearby residents were quite upset that they may soon be prohibited from making a left turn. He hoped that something could be worked out to align Darby Road with an existing street. MS. REYES replied that Darby Road would "T" into the new Palm Royale, which will align with Mountain View. She said the District and the City had received correspondence from the City of La Quinta, saying their general plan doesn't allow lefthand turn movement, and Palm Desert is asking for it. At the moment, DSUSD was in the middle of these two conflicting viewpoints, even though it was willing to do whatever was needed. She said that she'd sent an e-mail to the Engineering Departments in both La Quinta and Palm Desert to request a meeting tomorrow afternoon or Friday morning. In response to question, she stated the new school would actually be in La Quinta, with Palm Desert on the west side of the location, and they 4 MINUTES ADJOURNED REGULAR JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY JULY 20, 2005 were also dealing with the County for traffic signal and lane improvements at Avenue 42 and Washington. She said the District would appreciate any help the City could provide in helping to set up the meeting, where it was hoped that staff members of the respective agencies could settle the issue. Mrs. Gilligan added that the City was setting up a meeting of the City/District "2 x 2 Committee," along with inviting two members of the La Quinta City Council for this purpose. She had left a message for Dr. Wilson yesterday, and she'd try to call her back again yet this morning. Responding to Ms. Reyes' comment, Mayor Pro TemNice Chairman Ferguson said while staff may be able to resolve the matter, it would probably be beneficial to have the Councilmembers involved. Mr. Greenwood agreed that staff members of the City and the School District had been discussing this matter for some time. He said although he had been strictly dealing with the issue of a median in front of the school, upon Council's proposal that it be extended to run from Fairway to Shadow Mountain, he fully concurred. He also felt it was a good idea and hoped the matter of cost sharing between the City and the School District for the portion only along the school's frontage could be resolved, with the City picking up the balance. In answer to Councilman/Member Spiegel's question whether the Lutheran Church would be paying for the portion of the median running along its frontage, Councilman/Member Kelly said it probably wouldn't since they hadn't changed anything. Councilman/Member Spiegel pointed out that Washington Charter School was being rebuilt but wasn't changing its square footage. Mayor Pro TemNice Chairman Ferguson commented that the District could do whatever it wanted; any offer on their part at this point was out of goodwill. Ms. Reyes agreed. Councilman/Member Spiegel felt it was unfair that only the school was being asked to contribute when the median was running all the way from Fairway to Shadow Mountain. He believed it should be the City's sole responsibility. Upon inquiry about southbound left turn access at Chicory with the median, Mr. Greenwood said the City would propose allowing left tum access onto Chicory but not off of Chicory onto Portola. He commented that there was quite a bit of congestion there during school hours; it would be better to get parents to utilize the signal at Shadow Mountain, which they have access to 5 MINUTES ADJOURNED REGULAR JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY JULY 20, 2005 from Chicory, or to go around the other side of the school to Fairway. It would provide much better traffic flow. Additionally, he said the median project may allow a relocation of the school crossing guard from Chicory/Portola to Fairway or Shadow Mountain, or it may eliminate the need for a crossing guard at all — an added benefit for pedestrian flow in not allowing left turns out of Chicory. Responding to question about whether or not the District recognized that there would be a benefit by having a median in front of the school, no matter who paid for it, Ms. Reyes said the District recognized there was traffic congestion, but it was only two times a day. There were many more hours when the school was not causing congestion. She said the District did not feel it should pay for all of the project; the school was not increasing its capacity but making significant improvements. In further response to question about how this issue would affect the rest of the project schedule and planned school reopening in January, Ms. Reyes said she would be taking the comments from this meeting back to Dr. Wilson and the School Board. Therefore, the proposal could probably be i considered on the agenda at its August 16 Board Meeting. Further, she said if approved, there would be time to build the median in front of the school prior to its opening. Answering Mayor Pro TemNice Chairman Ferguson's question about what the City paid towards the new playground and parking on Lantana at Washington Charter School, Ms. Reyes replied that it was approximately $500,000. He went on to say that was just an example of the great relationship the City enjoyed with the School District, demonstrating that the City was willing to spend money when it wasn't required to; in this case, it was asking the District to help on a project in a far reduced fashion. He felt a median was warranted at this location primarily for child safety, and it may also benefit the churches, but he would appreciate the Superintendent's consideration of the City's request to split the funding. Councilman/Member Kelly moved to, by Minute Motion, authorize installation of the subject landscaped median along Portola Avenue from Fairway Drive to Shadow Mountain Drive: 1) To be designed and constructed by the School District's contractor(s), subject to the City's review; 2) cost for only the portion running along the School's frontage to be shared between the City and District (District's share approximately $50,000 - $62,500), remainder to be paid for by the City. Motion was seconded by Councilmember/Member Benson and carried by 4-0 vote with Mayor/Chairman Crites ABSENT. 6 MINUTES ADJOURNED REGULAR JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY IX. NEW BUSINESS JULY 20, 2005 A. REQUEST FOR DESIGNATION OF INTERIM MAYOR AND MAYOR PRO- TEMPORE FOR THE PERIOD OF AUGUST 3 - 15, 2005. Mayor Pro TemNice Chairman Ferguson noted that there was one more ministerial item to discuss. He said the Mayor and he were going to be gone from August 3 to August 15, and the City Attorney recommended that it would be appropriate to designate both an Interim Mayor and Mayor Pro Tem. Further, he said the City Clerk had advised that it could either be the most immediate Mayor (Councilman/Member Spiegel), or the next scheduled to be Mayor and Mayor Pro Tem in the rotation (Councilman/Member Kelly and Councilmember/Member Benson). Councilman/Member Spiegel moved to: 1) Add the matter to the agenda; 2) by Minute Motion, designate Councilman/Member Kelly as Interim Mayor/Chairman and Councilmember/Member Benson as Interim Mayor Pro TemNice Chairman in the absence of Mayor/Chairman Crites and Mayor Pro TemNice Chairman Ferguson during the period of August 3 - 15, 2005. Motion was seconded by Councilmember/Member Benson and carried by 4-0 vote, with Mayor/Chairman Crites ABSENT. X. ADJOURNMENT Upon a motion by Kelly, second by Benson, and 4-0 vote of the City Council/Agency Board, with Crites ABSENT, Mayor Pro TemNice Chairman Ferguson adjourned the meeting to Closed Session at 9:16 a.m. He reconvened the meeting at 10:00 a.m. and immediately adjourned with no reportablClosed Session. ATTEST: JIM FEPROTEMNICECHAIRMAN J RACHELLE D KLASSEr , CITY CLERK/SECRETARY CITY OF PALM DESERT, CALIFORNIA/ PALM DESERT REDEVELOPMENT AGENCY 7