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HomeMy WebLinkAbout1995-02-23MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, FEBRUARY 23, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Crites convened the meeting at 4:20 p.m. H. ROLL CALL Present: Councilmember Jean M. Benson Councilman Richard S. Kelly Mayor Pro-Tem Walter H. Snyder Councilman Robert A. Spiegel Mayor Buford A. Crites Also Present: Bruce A. Altman, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk Carlos L. Ortega, RDA Executive Director Ramon A. Diaz, ACM/Director of Community Development Gregg Holtz, Acting Director of Public Works Paul Gibson, Director of Finance Wayne Ramsey, Director of Code Compliance Lisa Constande, Environmental Conservation Manager Larry McAllister, General Services Director Agnes Flor, Accounting Manager Mary P. Frazier, Deputy City Clerk III. ORAL COMMUNICATIONS - A MR. CHUCK CERVELLO, 44-616 Buckingham, Indio, stated he represented Western Waste Industries and was present to speak on New Business Item E. Mayor Crites responded that Mr. Cervello would have an opportunity to speak to this issue later in the meeting. MINUTES (''• REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 1995 s s s s s s * * * s* * * * * * s s * * * * * * * * s s s$* s* * s s$ s IV. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of February 9, 1995. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 33, 33A, and 34. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#276) by Bradley K. Hansen in an Amount in Excess of $10,000.00. Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the Claimant. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Koochek Farrokh for Swensen's Town Center, 72-840 Highway 111, #156, Palm Desert, California. Rec: Receive and file. E. PRELIMINARY SCHEDULE OF INVESTMENTS as of January 31, 1995. Rec: Receive and file. F. LJ TER OF RESIGNATION from John Marman from the Palm Desert Parks and Recreation Commission. Rec: Receive with sincere regret. G. REQUEST FOR AUTHORIZATION to Join Western Government Research Association. Rec: By Minute Motion, authorize the City of Palm Desert to join Western Government Research Association as an Affiliate Associate Member. H. REOUEST FOR APPROVAL of Operational Area Agreement (Contract No. C09620). Rec: By Minute Motion, approve the agreement and authorize the Mayor to execute. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 1995 * * « « * * * « « * « « « * * « * * * « * « « * « « * * * * * * « * * * « « I. REOJTEST FOR APPROVAL of Final Tract Maps 27882-1 and 27882-2 (Robert Mayer Trust, Applicant). Rec: Waive further reading and adopt Resolution No. 95-10 approving Tract Map No. 27882-1 and No. 27882-2. J. REQUEST FOR APPROVAL to Purchase Data Processing Equipment and Furnishings for New Offices. Rec: By Minute Motion, authorize: 1) The purchase of data processing equipment and various furnishings for new offices; 2) appropriation of $11,053.00 from the Unobligated General Fund Reserve Account to Capital Office Equipment, Account No. 110-4159-415-4040. K. RESOLUTION NO. 95-11- A Resolution of the City Council of the City of Palm Desert, California, Supporting the Healthy Cities Concept and Indicating the Intent to Continue Participation. Rec: Waive further reading and adopt. Upon motion by Snyder, second by Kelly, the Consent Calendar was approved as presented by unanimous vote of the Council. V. RESOLUTIONS None VI. ORDINANCES For Introduction: A. ORDINANCE NO. 773 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 9.50.070(B) WITH RESPECT TO THE PROCEDURE TO BE FOLLOWED FOR rt i i i IONS FOR INTERPRETATION. Mr. Erwin noted the memorandum and ordinance in the packets relative to petitions for interpretation. He offered to answer any questions. Councilmember Benson moved to waive further reading and pass Ordinance No. 7Z to second reading. Motion was seconded by Spiegel and carried by unanimous vote. For Adoption: None 3 MINUTES REGULAR PALM DESERT CITY COUNCIL Mr.� 1 u+1G FEBRUARY 23, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VII. CONSENT ITEMS HELD OVER None VIII. NEW BUSINESS A. PRESENTATION OF TARGET STORES "GOOD NEIGHBOR POLICY". Ms. Marie Hall, Target Store team leader, explained the community outreach programs offered by the Target Company, including their grant programs for education, social action, and arts. She said five percent of their pre-tax dollars goes back into the community, and this was something the Company had been doing since 1962. She offered to answer any questions. No Council action was necessary or taken on this item. B. REOUFST FOR CONSIDERATION OF A LEI'TER FROM MIKE MAHER DATED JANUARY 25, 1995, REGARDING MOBIL OIL SIGNAGE. Mr. Altman noted the memorandum in the packets from Mr. Diaz. MR. MAHER reviewed his letter and said he felt there was miscommunication between Mobil Oil and the City's Planning staff who felt Mobil had voluntarily removed the highway sign. He asked that the Council allow him to reinstall the sign. He also noted that with the loss of the highway sign, his business was harder for customers to find, and he had suffered a loss in gasoline sales revenues. Mr. Diaz noted his letter dated December 28, 1994, to Mobil Oil Corporation wherein he explained that at the October 13, 1992, Architectural Review Commission meeting, JJC Construction and Services had obtained approval for monument signage on this site subject to the pole sign being removed prior to installation of the new signs. He said the letter also indicated that there was no provision in the Palm Desert Zoning Ordinance to permit approval of the request to reinstall the pole sign. Upon question by Councilman Kelly relative to the current monument signs, Mr. Diaz responded that if the Council were to allow the pole sign to be reinstalled, both monument signs would have to be taken down, and he said the applicant had indicated a willingness to do that. Councilman Spiegel asked what would happen to the Shell station at Highway 111 and Highway 74, the Chevron station on Highway 111 and the Arco Station on the north side of Highway 111 which all have monument signs. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Maher noted that he had a surface street in front of his station while these other stations were right along Highway 111. Mr. Diaz stated that a determination could be made that with regard to those stations that have a frontage road in front of them, since they are a greater distance back from the Highway, there is enough differentiation that they can put the pole signs back on their sites. If they were allowed to do this, staff would recommend that they be required to remove the monument signs. He expressed concern that if we do not differentiate based on location, those other stations will be back before the Council requesting pole signs. Councilmember Benson noted that the Texaco and Arco stations are also set back off the Highway. They do not have pole signs, but they are still very busy stations. Councilman Spiegel noted that the Mobil station also had a sign on the flag pole. Mr. Maher responded that he was going to remove that one also. Mayor Crites noted that the policy of the City for approximately 20 years had been to get rid of all the pole signs. It is only done when people choose to do so, and the applicant's company had chosen to do that. He said the company may not like it now, but they were the ones who chose to change the signage. Councilman Spiegel asked whether Mr. Maher had come to the City and requested approval to remodel the station and whether at that time plans were presented and approved by the Planning Department. Mr. Maher responded that he had and that the plans were approved as long as Mobil Oil removed the pole sign. Councilman Spiegel asked whether the decision was made on the part of Mobil Oil to go ahead with the plans as approved by the City, and Mr. Maher responded that it had. Mayor Crites asked whether Mobil Oil had ever appealed that decision, and Mr. Maher responded that it had not. Councilman Kelly stated that when he had gone out to the site to look at it, he had also purchased gas at the station. He noted that the employees were not very friendly, and he felt changing that was something that might help Mr. Maher's business. Mr. Diaz suggested that Mr. Maher might look at the present sign ordinance to see what can be done in the way of monument signs to assist the business. Councilmember Benson stated her concern was that in two years if this does not work, they will be back in with a request to change it back to the way it was. She added that she was not in favor of allowing the pole sign to be reinstalled. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 1995 s s s* s* s s s* s s s s s a s s s s s s s s s s s s s s s s s s s s s s Councilman Spiegel moved to, by Minute Motion, deny the pole sign but suggest that Mobil Oil Company work with Ray Diaz and staff to see if there is anything in the way of a monument sign that would be more advantageous than what they have. Motion was seconded by Snyder and carried by unanimous vote. C. REOUEST FOR CONSIDERATION OF 1996 CALENDAR COMMITTEE RECOMMENDATIONS. Mr. Altman noted the memorandum in the packets from Mr. McAllister. Councilmember Benson stated that with regard to the suggestion for the 1996 Calendar to make the date squares as large as possible, she would also prefer that they have a white background rather than color so people can use them easier. Mr. McAllister agreed and said the Committee had also suggested that there be no copy on the pages other than recognizing the person submitting the photo. He added that the only color would be to highlight the holidays. Councilman Kelly moved to, by Minute Motion, concur with the recommendations of the 1996 Calendar Committee as outlined in the staff report dated February 23, 1995. Motion was seconded by Spiegel and carried by unanimous vote. D. CONSIDERATION OF REQUEST FOR DONATION FOR WEEK OF THE YOUNG CHILD CELEBRATION. Mr. Altman noted the memorandum in the packets from Mr. McAllister. Councilman Snyder asked whether this request had been taken to the Charitable Contributions Committee, and Councilmember Benson responded that each time in the past it has been handled as a special item. • Councilman Snyder moved to, by Minute Motion; 1) Approve a donation of $1,200.00 to the Coachella Valley Child Care Council for "Week of the Young Child - Just for Fun Day"; 2) appropriate $ 1, 200.00 from the Unobligated General Fund Reserve Account to Contributions - Child Care, Account No. 110-4800-454-3896; 3) direct staff to include this event in the Charitable Contribution budget for Fiscal Year 1995/96. Motion was seconded by Kelly and carried by unanimous vote. E. REOUEST FOR CONSIDERATION OF EXCLUSIVE FRANCHISE CONTRACT TO PERFORM REFUSE COLLECTION AND RESIDENTIAL RECYCLING SERVICES (Contract No. C09630). Ms. Constande reviewed the staff reports and gave a slide presentation relative to automated trash collection. She noted that the automated program had been in effect in Cathedral City for the last three weeks and said that Ms. Patty Sommerville of Waste Management of the 6 MINUTES _ . REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Desert would provide a progress report. She stated that one component missing was a container for green waste and that there was no facility right now for this type of waste except for Whitewater Farms. She added that staff had negotiated with Waste Management relative to citing a green waste facility in the Coachella Valley. Upon question by Councilman Spiegel, Ms. Constande responded that the current rate for trash collection was $10.58 per month. Councilman Kelly asked whether recycling would become mandatory, and Ms. Constande responded that it would be participatory and that one thing that was being considered was increasing the amount of items that can be recycled. Councilmember Benson expressed concern with the gated communities and asked what was planned for them. She added that someone had asked her about Deep Canyon Tennis Club which at one point had recycling and now did not. Ms. Constande responded that the initial automated program would be in 5600 single family homes because they are the easiest to start with. However, staff could approach the gated communities individually to make sure the programs are tailored to their individual needs. She noted that there were a number of country clubs that did not want to participate and had actually called Waste Management and asked that the bins be picked up. Councilman Spiegel stated it was his understanding that the City must reduce its waste stream by 25% and then by 50% per California law (AB939). He said evidently Palm Desert Water & Services District had its own trash setup which does not involve the City even though people it services live in Palm Desert. The District had now changed trash haulers, and there was no recycling included in the new contract. He said it was his understanding that the City of Palm Desert had the responsibility of cutting back on the amount of trash leaving the City but had no control over a group of citizens because they are going with a different trash hauler. Mayor Crites stated he felt Palm Desert Water & Services District had now inherited the responsibility of AB939 and its enforcement. Ms. Constande disagreed and said it was ultimately the responsibility of the City of Palm Desert. She said she had contacted the California Integrated Waste Management Board which enforces AB939, and the responsibility for recycling or meeting waste reduction goals was the responsibility of the City. She added that the Board saw water districts more like school districts. She noted that she had just that day obtained a copy of the contract that Palm Desert Water & Services District has with its new hauler. Mayor Crites stated that if 30% of our trash is green waste, it would seem to him that any switch to this new program could only go into effect if people are given the opportunity to get rid of green waste; otherwise, those trash cans are 30% full before we start the process. He also felt the day the automated system starts is the same day the green waste recycling 7 11 NU' T.S REGULAR PALM DESERT CITY COUNCIL 11-1rr., u ,TG FEBRUARY 23, 1995 * * • * • • * * * * * * • * * • • * * * * * * • * * • • * * * * * * • * * * should start, and the only things that should go into the regular trash containers is those items not on the list given by staff in its report. With regard to automated trash collection, he said if he was in the trash business, this would be a great deal, something that would cut down on time, workers' compensation liability, etc., and profits would go up. He added that he might go with this if he knew it would not increase Waste Management's cash flow. Ms. Constande stated that generally there would be great savings in labor and equipment, and she had asked Waste Management to an analysis of the predicted savings operationally. MS. PATTY SOMMERVILLE, Waste Management of the Desert, 41-575 Eclectic Street, Palm Desert, stated she understood Council's concerns relative to a green waste destination in the Valley and said they were presently working on a joint venture with a company that is reputable. She said they hoped to have such a facility up and running within three to six months. With regard to the City of Cathedral City's pilot automated waste collection program, she said this was the fourth week of operation with approximately 750 homes, and it was going very well. She added that the people in this pilot program had been asked to use their original waste containers for their green waste. Councilmember Benson asked what would happen if a resident purchased a certain size container and then during holidays they had more trash than would fit in that container. Ms. Constande responded that they could take advantage of a larger trash bin several times a year if they wish to do so. Mayor Crites asked whether the rate in Cathedral City was the same as what was proposed for Palm Desert, and Ms. Sommerville responded that it was. She added that Waste Management was working on converting as many as six vehicles this year to CNG (compressed natural gas). In addition, the Gas Company had preliminarily selected Waste Management as a prime site for a CNG refueling facility. MR. JOHN LAVENDER, Vice President of Waste Management of the Desert, addressed Council relative to the question regarding Deep Canyon Tennis Club and stated that recycling had been stopped at the request of the Club. He noted that quite a few of the gated communities homeowners' associations did not want recycling. He added that representatives of Waste Management would work with Ms. Constande to go out and talk to each of the homeowners' associations to try and get them to participate. With regard to mandatory recycling, he said it would be pretty difficult to enforce because generators have the right to determine who they want to pick up the recycled products. He noted that some time ago Council had directed staff to start negotiations with Waste Management per specifications in the five-year contract approved in 1990 with a five-year extension and both parties to negotiate in good faith. MR. JIM BROCKMAN, Western Waste, addressed Council relative to Palm Desert Water and Services District and said the RFP had gone out a year ago to both Waste Management 8 MINUTES • REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * and to Western Waste with no recycling provision, and both companies bid on it. Bids were turned in a year ago, and the District just recently decided to award the contract to Western Waste. He stated that his company recognized its responsibilities, had been in business for 40 years, and was not about to shirk that responsibility. MR. LANCE JONES, 70-920 Jasmine Lane, Rancho Mirage, gave a slide presentation of Western Waste's services and said they could also offer an automated system to the City of Palm Desert. He noted that they also owned and operated their own green waste and wood recovery facility and that 35,000 single family homes in the Coachella Valley were currently being provided with green waste recycling. He said Western Waste could either provide the same level of services provided in the staff report but at significantly less or provide the same level of service at the same monthly rates but include a fully automated residential green waste program. Mr. Jones stated that with regard to Mayor Crites' concerns with green waste disposal, Western Waste was prepared to offer to the City full AB939 indemnification. In the event that for some reason the State mandated diversion goals were not met for Year 2000, Western Waste would stand between the State and the City and fully indemnify the City and hold it harmless. He also explained about the El Sobrante landfill owned and operated by his company. He added that four months had already elapsed into good faith negotiations between staff and Waste Management of the Desert, and he asked that staff be permitted to continue those negotiations but not exclusively with Waste Management. He asked that staff be directed to commence parallel negotiations and conclude all contract negotiations by March 17th and report back to Council as soon as possible for action, and let the Council decide for the future of Palm Desert. He said he believed when their program and costs were before Council for comparison, Western Waste's turn to serve Palm Desert will have come. NOTE: MAYOR CRITES LEFT THE MEETING AT 5:45 P.M. MR. GARY KOONTZ, Browning -Ferris Industries, 3890 llth Street, Riverside, 92501, introduced himself and his company to the City of Palm Desert. He said although his company was not right now an active player in this field, they offered a wide range of services. He distributed packets to the Council explaining their services and providing information relative to their La Paz landfill in Parker, Arizona. He suggested that the City continue with the program as such but within the next year look toward competitive bids for these services. He said that in terms of competitive costs, his company would guarantee the best rate for the best services. With regard to CNG vehicles, he noted they operated on CNG and would be happy to offer that to the City as well. MR. AL SIMONIAN, 665 Vista Lago, Palm Desert, stated that Western Waste had tried to introduce an automated system to the City of Palm Desert five years ago, and Council had said that when the current contract expired, Western Waste would be invited back. He requested that his company be allowed to be part of the negotiation process. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL lhr r..1A,v: FEBRUARY 23, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Ms. Constande reviewed staff's recommendation that Council approve in concept the enhancement of our residential curbside recycling program, introduction of a residential automated trash collection system to approximately 5,600 single family homes, and introduction of a variable rate structure for an automated trash collection, and also direct staff to a contract with Waste Management of the Desert. NOTE: THE FOLLOWING LS A VERBATIM TRANSCRIPT OF THE REMAINDER OF THIS ITEM: SNYDER: That's the last of the comments. We'll ask Council what they would like to do in this matter, or does the staff have anything other to present - City Manager? ALTMAN: Lisa has made our prime presentation. About six months ago, this is the direction you set forth. You know, to describe the negotiations. If you want to entertain some of the other possibilities, I would suggest that yo don't entertain them tonight. That you allow the staff to continue negotiating with Waste Management but come back with a position paper outlining what are some of the implications. KELLY: We've been through this process and gone through lots of negotiations already. But one of the most important things I see here is it's kind of like we have employees here who are doing a good job, we don't go out for bid to see if we could get somebody cheaper and kick them out. We work with our employees and I've had occasion to go out there and do United Way presentations and meet all those wonderful employees we have there and they're supportive of our city. I feel very strongly that Waste Management has done a great job for us and worked with us on all our recycling programs and anything we've needed and we've put a lot of work into this and I think we need to proceed forward with Waste Management as we have agreed to and then I don't see anything, any problem with, but if the City Manager insists, let the City staff take a look at what's happened here tonight and give us a position paper back as they continue with negotiations and I would move the staff recommendation with that criteria. BENSON: Is that allowing Western Waste to bring in a bid as well in your position paper because every year we have asked for that and never got a comparison between apples and apples. So, I have been in favor of it all along and never seen this one and now we have Browning -Ferris coming in and asking also but we continue and I would be the first also to say that Waste Management has done a good job for the desert but we don't know if somebody can do it better or cheaper and we've never been given the opportunity to choose. So, I just think we need both. SPEIGEL: I agree with you. One other thing that I meant to mention is that I would like Western Waste to get back to us on what they're going to do on the Palm Desert Water & Service District. 10 MINUTES _ REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 1995 * * * * * * s * * * s s * * s*• * * * s * * * s * * * * s * s s * s s s s CONSTANDE: With all due respect to Councilman Benson, on January 26, 1990, Western Waste did submit a Y ; and bid to do our trash collection service. That proposal was merited against Waste Management with our Executive Committee. What came forth was that after reviewing the two proposals, Western Waste had an additional charge for the automated and they wanted us to go to a • tax roll billing, so staff stood behind their original recommendation .with Waste Management. But in 1990, Western Waste did come up to the plate and bat. BENSON: That was at the last contract, and this is a new contract, so I'd like to see what they look like now. ALTMAN: Yes, I think the thing I was talking about is giving you the position paper which outlines some of the different options you'd have and some of the ins and outs of it. SNYDER: I think that was Mr. Kelly's motion. KELLY: That was my motion. SPIEGEL: I'll second the motion. SNYDER: We've had the motion seconded. That will give staff and all the rest of the people time to get together and put together this position paper as to what opportunities we have before us. If there is no further discussion, would you please vote on this matter. GILLIGAN: Motion carried by unanimous vote. ALTMAN: I want to thank Lisa for the job she did. She's really put a lot of time and effort into it. SNYDER: It was one of our better presentations and I hope everyone is happy with the results. F. REQUEST FOR APPROVAL OF FUNDING FOR SPRINGFEST '95. Mr. Altman noted the memorandum in the packets from Mr. McAllister and offered to answer any questions. Councilman Kelly moved to, by Minute Motion, approve SpringFest '95 and expenditure of $15,000 from Community Promotions SpringFest Account No. 110-4416-414-3897. Motion was seconded by Spiegel and carried by a 4-0-1 vote, with Mayor Crites ABSENT. G. CONSIDERATION OF REOUEST BY ELITE RACING FOR FUNDING OF SECOND ANNUAL 5K RUN. Mr. Altman noted the memorandum in the packets and recommended approval of this request. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL 111r r i LNG FEBRUARY 23, 1995 s s s s s s* s s s s s s s s s• s s* s s s s s s s$ s: s s* s s s s s Mrs. Gilligan stated that representatives of Elite Racing wished to make a brief presentation. MR. STEVE SCOTT noted that of the 1200 participants in last year's event, 74.7% were from outside the Valley. He said Elite Racing was requesting a larger contribution for this year's race. MS. ANNE WOLF stated that they had a concern with Section 3(b) of the Sponsorship Agreement wherein Elite Racing would reimburse the City for expenses incurred for police and road closure services up to $3,000. She said this limitation might preclude them from changing the course and keeping it in the park. She said they were comfortable incurring $3,000 of the cost but any amount over that would work against their objective to break even. She asked if the Council would consider paying for any costs over the $3,000 for these services. Councilman Snyder expressed concern since the City was increasing its contribution to $55,000 this year compared with $35,000 for last year. He agreed the event was a success and the City received good publicity. He said he would not feel comfortable agreeing to increase the amount the City contributes without having staff look into it. Councilmember Benson stated that at a meeting held earlier in the week, the initial contract was changed quite a bit to come up with the agreement that was included in the packets. She said this was basically a three-year program with Elite Racing, and at the end of that time the City will not continue to fund this event if it cannot stand on its own. She said she did not have a problem increasing the amount to a $5,000 cap. Mr. Scott indicated they would work with the City to plot a course that is reasonable to the City. Councilmember Benson added that she felt it would be good to have someone from the Sheriffs Department present at the 5K meetings. Upon question by Councilman Spiegel, Mrs. Gilligan responded that the City had paid for police services and road closures last year. Councilman Spiegel asked whether the $55,000 amount would be reduced because of sponsor contributions, and Ms. Wolf responded that it would not but that it would allow them to request a lower contribution for the following year. Upon question by Councilman Kelly, Councilmember Benson responded that the Promotion Committee had approved the request. Upon further question by Councilman Kelly, she stated that Elite Racing would reimburse the City for police and road closure expenses up to $3,000, and her suggestion was that the cap be increased to $5,000, with the City to pay any expenses over $3,000 and up to $5,000. Mrs. Gilligan added that Elite Racing would also be providing at their expense a 30-second spot on ESPN to air three times, and this 30-second shot would also include an 800 number for the City's Visitor Information Center. She noted that the City would have sole responsibility for the production of this 30-second shot and could control what is on it. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Ms. Wolf added that there would be a four -minute segment on the race plus a spot for commercials, and the balance of the coverage in another four -minute segment. Palm Desert's portion would be between the two four -minute segments. Councilman Kelly stated he felt that for the money spent, this 5K Run was far more successful than anything he had seen in the Valley. Councilman Kelly moved to, by Minute Motion: 1) Approve the request as recommended by the Promotion Committee; 2) appropriate $55,000 from the Unobligated General Fund Reserve Account to Promotion Committee Account No. 110-4416-414-3060; 3) approve Contract No. C09640 and authorize the Mayor to execute same, amending the contract to place a cap of $5,000 on police and road services, with elite Racing to pay up to $3,000 and the City to pay any amount over $3,000 and up to the $5,000 cap. Motion was seconded by Benson Upon question by Councilman Spiegel relative to the 11-race circuit, Ms. Wolf responded that the circuit was new this year. Councilman Spiegel asked whether all those other cities were participating financially, and Mr. Scott responded that Elite Racing was not putting on those races in the other cities. The circuit is put together by U.S.A. Track and Field as a grand prix system where athletes run a certain number of the races and receive points for them. The final race would be in Palm Desert where there will be extra prize money given by U.S.A. Track and Field depending on points earned and how well they do on the final race. Mayor Pro-Tem Snyder called for the vote. The motion carried by a 4-0-1 vote, with Mayor Crites ABSENT. H. JOINT ITEM WITH PALM DESERT REDEVELOPMENT AQENCY TO CONSIDER PREPAYMENT OF $30,000 MULTIPLE SPECIES HABITAT CONSERVATION PLAN MITIGATION CONTRIBUTION AS IDENTIFIED IN THE SECTION 4 PROJECT ENVIRONMENTAL REPORT TO EXPEDITE PLAN COMPLETION. Mr. Ortega reviewed the staff report and offered to answer any questions. Councilman Spiegel moved to, by Minute Motion, authorize the City or Redevelopment Agency to prepay to the Coachella Valley Association of Governments (CVAG) the $30,000 Section 4 Multiple Species Habitat Conservation Plan mitigation contribution. City payment would be reimbursed by the RDA when the development occurs. Motion was seconded by Snyder and carried by unanimous vote. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL 14tr.r, i uIG FEBRUARY 23, 1995 . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. J EOUEST FOR APPROVAL OF ARBOR DAY CELEBRATION. Mr. Altman noted the recommendation in the staff report. Councilmember Benson moved to: 1) Waive further reading and adopt Resolution No. 95-13 proclaiming a week-long celebration of Arbor Day beginning March 20 through March 24, 1995, in the City of Palm Desert; 2) by Minute Motion, approve Desert Sands Unified School District (DSUSD) as a partner in the week-long . celebration by planting trees 'at schools located in Palm Desert; 3) by Minute Motion, accept twelve trees from Waste Management of the Desert (value: $450.00 each) as part of an agreement under our exclusive franchise contract to perform refuse collection services in the City of Palm Desert. Motion was seconded by Spiegel and carried by a 4-0-1 vote, with Mayor Crites ABSENT. J. INFORMATIONAL ITEMS: 1. Colony CableVision of California Update. Mayor Pro-Tem Snyder stated that Mayor Crites had suggested that this item be removed from the Agenda. Council concurred. 2. Cook Street Update. Mr. Altman noted the report in the packets and stated this matter would appear on each Agenda for a report. IX. CONTINUED BUSINESS A. REPORT RELATIVE TO FRED WARING DRIVE REZONING (Continued from the Meeting of January 26, 1995). MR. ERIC LARSEN addressed the Council and expressed concern that the many delays in this matter were causing r. „;.l j values to decrease. He asked that Council also consider some of the other plans he had submitted. Mayor Pro-Tem Snyder stated that this was a very complicated problem, and every time the Council thinks it has come up with a solution, something else comes up which indicates it is either not possible to accomplish or it is not acceptable. Mr. Larsen submitted additional plans to the Council. He noted that in December, 1993, the Council committed to not widen Fred Waring Drive for ten years. Because of that commitment, he said he had spent money on his house and refinanced it. Traffic volumes had increased and truck traffic had gone to 24 hours per day. He added that traffic speed laws were not being enforced in that area. 14 MINIU S REGULAR PALM DESERT CITY COUNCIL burr, i u LTG FEBRUARY 23, 1995 s s s s s s * s s s s s s s s* s s * s s s s• s s s s * s s s s s s s s s Mr. Holtz stated that by the meeting of March 23, 1995, staff should be able to have a detailed review of all suggestions received and be able to make recommendations to the Council on costs, etc. Councilman Spiegel moved to continue this matter to the meeting of March 23, 1995. Motion was seconded by Kelly and carried by a 4-0-1 vote, with Mayor Crites ABSENT. NOTE: WITH COUNCIL CONCURRENCE, MAYOR PRO-TEM SNYDER RECESSED THE MEETING AT 6:25 FOR DINNER AND FOR CLOSED SESSION TO DISCUSS ITEMS LISTED UNDER CITY ATTORNEY REPORTS AND REMARKS. Mr. Erwin asked that an item that was on a previous Agenda for Closed Session be added to this one for discussion as an emergency item. He noted that it was pursuant to Government Code Section 54956.8 as follows: Conference with Real Property Negotiator pursuant to Section 54956.8 1) Property Street Address: 73-625 Santa Rosa, Palm Desert Negotiating parties: Agency: Palm Desert Redevelopment Agency Property Owner: Mary Stoltzman/Fidelity Development Co. Under Negotiation: x Price x Terms of Payment Councilmember Benson moved to add this item to the Agenda for Closed Session. Motion was seconded by Spiegel and carried by a 4-0-1 vote, with Mayor Crites ABSENT. B. REQUEST FOR EXTENSION of Landscape Maintenance and Services for the Palm Desert Sports Facility, Contract No. C06860 (Continued from the Meetings of January 26 and February 9, 1995). NOTE: THIS ITEM WAS DISCUSSED AT THE 7:00 P.M. PORTION OF THE MEETING Mayor Crites noted the staff report in the packets. Councilman Spiegel moved to, by Minute Motion: 1) Deny a one-year extension for Contract No. C06860 requested on January 26, 1995; 2) approve an agreement for services with the Coachella Valley Recreation and Park District (CVR&PD) for operation and maintenance of the Cook Street Sports Complex (Contract No. C0965Q). Motion was seconded by Kelly and carried by unanimous vote. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL 14tre.iuvv FEBRUARY 23, 1995 . * * * * * s* * * s s * * **s* * * s s* * * * * * * s$ * * * * * s$ s X. OLD BUSINESS A. CONSIDERATION OF TAX SHARING AGREEMENT WITH THE CITY OF RANCHO MIRAGE (Contract No. C09100). NOTE: THIS ITEM WAS DISCUSSED AT THE 7:00 P.M. PORTION OF THE MEETING Mayor Crites noted that staffs recommendation was to table this agreement. Mr. Erwin noted his memorandum and stated that the City of Rancho Mirage had taken exception to his opinion. He said Council could approve the agreement if it so wished, but he did not think it was a valid agreement. He noted that in the one case where such an agreement was signed, it was challenged and found to be invalid. Councilman Kelly stated he felt Council could approve it and move on since it was such a small thing. Councilman Kelly moved to, by Minute Motion, approve the Tax Sharing Agreement with the City of Rancho Mirage. Motion was seconded by Spiegel and carried by unanimous vote. XI. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY Request for Closed Session: Conference with Legal Counsel - Existing Litigation pursuant to Section 54956.9: Palm Desert v. Thomas, Byrne and Smith, Riverside County Superior Court, Case No. Indio 69969; Palm Desert v. Refco Capital Corp., United States District Court, Case No. CV92-7633RJK. C. CITY CLERK None 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * « * * * * * * * * * * * * D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action; 1. Consideration of Support of H.R. 842 - "Truth in Budgeting Act" (Councilmember Jean M. Benson). Councilmember Benson stated that this had come up at a meeting of the Airport Commission, and Mr. Al Smoot had asked that it be taken back to the cities suggesting that this be sent to the Congress. She noted the draft letter in the packets and asked that the Mayor be authorized to send such a letter. Councilmember Benson moved to, by Minute Motion, authorize the Mayor to send a letter to Congressman Bono requesting his support of H.R. 842. Motion was seconded by Snyder and carried by unanimous vote. o City Council Committee Reports: 1. Consideration of Letter to be Sent to Palm Desert Businesses Relative to the Palm Desert Chamber of Commerce (Mayor Buford A. Crites). Mayor Crites stated that the Chamber of Commerce had asked for a letter of general support to be sent to members. Councilman Spiegel moved to, by Minute Motion, authorize the Mayor to send a letter to Palm Desert businesses relative to the Palm Desert Chamber of Commerce. Motion was seconded by Snyder and carried by unanimous vote. 2. Mayor Crites noted that he was the Council's representative to the Coachella Valley Mountains Conservancy and noted that this weekend the Conservancy was hosting members of all State land conservancies in Palm Desert. He said a lot of positive comments had been received about Palm Desert and the work that is being done. XII. ORAL COMMUNICATIONS - B None XIII. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION Continued Business Item B, Old Business, and Reports and Remarks were all considered following the dinner recess. Please see those sections of the Minutes for Council discussion and action. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MVira1uias FEBRUARY 23, 1995 . s s s s s s s s s s* s* s s s s s s s s * * * s s s s s s s s s s* s s s XIV. ORAL COMMUNICATIONS - C None XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT TO THE ECONOMIC DEVELOPMENT ADVISORY COMIvu i i r t TO FILL THE VACANCY CREATED BY THE RESIGNATION OF DON HEDLUND (Continued from the Meeting of February 9, 1995). With Council concurrence, this matter was continued to the meeting of March 9, 1995. B. APPOINTMENT TO THE PLANNING COMMISSION TO FILL THE VACANCY CREATED BY THE RESIGNATION OF ROBERT SPIEGEL. Councilmember Benson moved to, by Minute Motion, appoint Ms. Sonia Campbell to the Palm Desert Planning Commission to fill the vacancy created by the resignation of Robert Spiegel, said term to expire in September, 1995. Motion was seconded by Kelly and carried by unanimous vote. XVI. PUBLIC HEARINGS A. CONSIDERATION OF APPEAL TO THE DECISION OF THE PLANNING COMMISSION APPROVING, SUBJECT TO CONDITIONS, THE ESTABLISHMENT OF A WENDY'S LIMITED MENU FAST FOOD RESTAURANT, WITHOUT DRIVE-THRU, IN 2100 SQUARE FEET OF AN EXISTING BUILDING IN THE PLAZA DE MONTEREY CENTER AT THE SOUTHEAST CORNER OF COUNTRY CLUB DRIVE AND MONTEREY AVENUE, Brigitte Johnson. Appellant (Case No. CUP 94-14). Mr. Diaz noted the report in the packets and offered to answer any questions. Upon question by Mayor Crites, Mr. Diaz responded that there were an average of 35 vacant parking spaces in this center per studies taken. Mayor Crites stated that this was approximately one-third of the spaces, and he asked at what level of occupancy in a parking lot is there a r �. „,, Con of a lack of parking. Mr. Diaz responded that the generally accepted standard was 80%. Mr. Erwin noted for the record that he had advised Councilman Spiegel to abstain from voting on this matter since he was a member of the Planning Commission when this was heard. Mayor Crites declared the public hearing zmn and invited testimony in FAVOR of not granting approval for this restaurant. The following were opposed due to lack of parking, poor ingress and egress into the center, poor access to the center, high turnover, traffic, decreasing r . r ... V values for residents of Sagewood, lowering of the quality of life to adjacent residents, many restaurants 18 MINUTES • REGULAR PALM DESERT CITY COUNCIL Nir..r. i w G FEBRUARY 23, 1995 * * s s * s* s s * * * * * s s s s * s* s s * * * * * * s s s s * s s s* already in that center, odors from cooking and garbage, adverse influence on the neighborhood, gardeners with leaf blowers, noisy delivery people, lack of nice landscaping, inattentive landlord, water from broken sprinklers running into the Sagewood homes, possibility of setting a precedent for fast food restaurants on Country Club Drive, detrimental to health and enjoyment of life, possibility that emergency vehicles would not be able to get through, concern for safety of children playing in the area, 2:30 a.m. deliveries three times per week to Kenny Rogers Roasters, and cars parked in front of their homes at all hours from people going to Kenny Rogers. MR. DONALD DORFNER, 40-049 Sagewood Drive. MS. BRIGITTE JOHNSON, 40-471 Sagewood Drive. MS. WANDA DOWNS, 40-096 Sagewood Drive, presented photos of trash in the area from the Kenny Rogers Roasters restaurant and noted they were taken on a Saturday. MR. KEN FORD, 40-184 Sagewood Drive, noted he had been the superintendent on the Kenny Rogers Roasters building and said no other city would allow such a small amount of parking. He asked that members of the Council come to Sagewood between the hours of 4:30 and 6:00 p.m. to see the amount of traffic already there. MR. MARK ANTHONY, 40-367 Moon Flower. MS. LISA SCHREIBER, 40-027 Sagewood Drive MR. BILL CARVER, 72-955 Deer Grass, Palm Desert, addressed Council as owner of the center and said the Planning Commission had come up with eight conditions imposed on the project that he agreed to abide by. He said from what he had heard tonight, there were issued that he was not sure could be mitigated. This is a situation where a piece of commercial property is very close to residential property, and he did not know what could be done that would even make these residents happy. He noted that staff and the Planning Commission had felt the location of the Wendy's was such that there was not a parking problem, and with the advent of the signal into the center, ingress and egress would be greatly improved. Trash and odors were a problem and he said he was told to resolve the trash problem and trash receptacles at the corner of Sagewood and Country Club Drive. He said they were changing from a 3 cubic yard bin to a 4 cubic yard plus an additional 4 cubic yard unit. There were now six pickups per week, and three of those days have double pickups. He said the trash compactor that would be put in would reduce the bulk of trash. With regard to odor problems, he said they could be mitigated and there were measures that could be installed that filter odors emitted from the exhaust of these restaurants. He noted that the Air Quality Management District had not yet set up criteria under which they will make judgment as to whether or not it meets their requirements, and they are probably two years away from doing that. The cost would be from $20,000 to $60,000 to do these measures depending on whether filters are changed manually or if they are on the roof. He concluded his remarks and said he was trying to do something to resolve his neighbors' 19 MINUTES REGULAR PALM DESERT CITY COUNCIL Mr z i ai IG FEBRUARY 23, 1995 - * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * concerns, but he was concerned with doing something now and having to change it down the line. MR. DON BECK, 40-783 Preston Trail, Palm Desert, said he ran a group that owns and operates most of the Wendy's restaurants in the Coachella Valley as well as this proposed restaurant. Until 1993 when he took over these restaurants, they had been operated by absentee owners and were not meeting Wendy's standards. He noted this site had been selected after careful consideration because they felt this area needed to have a family oriented restaurant with good food at affordable prices. A careful look was taken with regard to the parking and traffic situations in this area, and it was found that there was more than enough parking as well as ingress and egress to meet their needs. He said he had never had a complaint about odors in the approximately five years he had been with this chain. With regard to trash, he said they would have pickups as often as necessary to make sure trash is not just left there. He added that he had provided his home telephone number to the homeowners' association of Sagewood and invited them to call him if they every saw anything wrong and he would take care of it right away. He said they ran a very clean operation, and he felt they would be an asset to the City. MRS. DOROTHY BECK, 40-783 Preston Trail, Palm Desert, stated that most of the problems discussed by the residents pertained to Kenny Rogers Roasters. She said they would do their best to uphold the quality that Palm Desert has come to be known for. With no further testimony offered, Mayor Crites declared the public hearing fly. Councilmember Benson expressed concern with the percentage of restaurants in this center. She said it was unfortunate that Kenny Rogers Roasters had gotten a reputation in that area that turned its neighbors off. She also expressed concern with traffic through a very high class residential area, and she said she knew Mr. Carver would mitigate these things if there was a way to do so. She said she did not feel this was the place to put this type of restaurant. Councilman Snyder agreed and said that to allow another restaurant in this center would make the problems worse. He said it would be difficult for him to go along with approving a Wendy's at this location. Councilman Kelly stated that residents of Sagewood had convinced him there were problems in this center. He said traffic congestion needed to be looked at in regard to the center. He said Mr. Carver may be able to work on those problems because later on there will be others interested in leasing the space. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 1995 s: s: s s s s s s s s s s s s s s s s s s s s s s s s s* s s s s s s s s Mayor Crites agreed with his colleagues. He said the issues were as follows: Kenny Rogers Roasters lack of adequate parking agreed that Mr. Carver had been a good developer and good colleague in the City. He said he felt we need to talk to the Kenny Rogers Roasters people and give them 60 days to take care of the trash problem, that there be no more deliveries after hours, and that they take care of the parking along Sagewood Drive. Mr. Ortega noted that Mr. Carl Karcher was the owner of this franchise. Mayor Crites suggested that staff have discussions with Mr. Karcher and neighbors. He said he would vote for the appeal and felt action should be taken to let Mr. Karcher know that if these things are not taken care of, the City will set a public hearing for nuisance abatement. Councilmember Benson moved to, by Minute Motion: 1) Direct staff to ry „rc-' a resolution for the Council meeting of March 9, 1995, affirming the appeal and denying a Conditional Use Permit for Wendy's; 2) direct staff to contact the owner(s) of the Kenny Rogers Roasters franchise and ask them to come in to discuss the problems with their restaurant in the Plaza de Monterey center, giving them 60 to 90 days to correct these problems or the City will have to set a public hearing for nuisance abatement. Motion was seconded by Kelly and carried by a 4-0-1 vote, with Councilman Spiegel ABSTAINING as he had been a member of the Planning Commission when this matter was before it. A member of the audience asked if someone from Sagewood could be included in these discussions, and Council agreed. XVII. ORAL COMMUNICATIONS - D None XVIII. ADJOURNMENT Mayor Crites stated he had received a request from the City Manager to appoint Councilmembers Benson and Snyder to meet with City staff and the people doing the Holocaust Memorial to work on some problems staff is experiencing. Council concurred. 21 11d NUTFS REGULAR PALM DESERT CITY COUNCIL biiiiIG FEBRUARY 23, 1995 s* * * * s* * * * * * * * * s s * * * * * s* * * * * * * * * * * * * s* Upon motion by Snyder, second by Benson, and unanimous vote of the City Council, Mayor Crites adjourned the meeting at 8:15 p.m. ATTEST: SHEILA R. GILLIGAN, CLERK CITY OF PALM DESEM, CALIFORNIA /7—'4 B9 6RD A. CRI TES, MAYOR 22