HomeMy WebLinkAbout1995-07-13MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JULY 13, 1995
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I. CALL TO irr it
H. PLEDGE OF ALLEGIANCE - Councilmember Jean M. Benson
M. INVOCATION - Mayor Pro-Tempore Walter H. Snyder
IV. ROLL CALL
PmEnt:
Councilmember Jean M. Benson
Councilman Richard S. Kelly
Mayor Pro-Tempore Walter H. Snyder
Councilman Robert A. Spiegel
Mayor Buford A. Crites
A10 Present:
Ramon A. Diaz, Acting City Manager
David J. Erwin, City Attorney
Sheila R. Gilligan, City Clerk
Carlos L. Ortega, ACM/RDA Executive Director
Richard J. Folkers, ACM/Director of Public Works
Paul S. Gibson, Finance Director/City Treasurer
Wayne Ramsey, Director of Code Compliance
Phil Drell, Acting Director of Community Development
John Wohlmuth, Assistant to the City Manager
Lisa Constande, Environmental Conservation Manager
Mary P. Gates, Deputy City Clerk
V. ORAL COMMUNICATIONS - A
None
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VI. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of June 22, 1995.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE C1TY TREASURY - Warrant Nos. 54 and 56.
Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Alan G. Gray for Ralph's
Grocery Company, 74-884 Country Club Drive, Palm Desert.
Rec: Receive and file.
D. REOUEST FOR REFUND OF ORDINANCE 732 FEES for Art -In -Public -Places to Frank
Miller from Past Year Reserves.
Rec: By Minute Motion, authorize staff to refund $1,477.52 from past year reserves to
Frank Miller for installation of art at 72-875 Fred Waring Drive.
E. REOUEST FOR REFUND OF SWIMMING POOL PERMITS for PaloBrea at Bighorn.
Rec: By Minute Motion, authorize staff to refund $1,570.80 (80% of permit fee 0
$178.50 = $142.80 each) to Andrew Pierce Corporation, builder of PaloBrea at
Bighorn, for 11 swimming pool permits.
F. REOUEST FOR APPROVAL of Membership Renewal for Local Government Commission.
Rec: By Minute Motion, authorize the City of Palm Desert to renew its membership with
the Local Government Commission.
G. REOUEST FOR APPROVAL of Final Tract Maps 27570-5 through 27570-8 (Marriott
Ownership Resorts, Inc., Applicant).
Rec: Waive further reading and adopt Resolution No. 95-56 approving Tract Maps
27570-5 through 27570-8 inclusive.
H. REQUEST FOR APPROVAL of Memorandum of Understanding for Multi -Agency Library
Artwork Administration (Contract No. C10080).
Rec: By Minute Motion, approve the Memorandum of Understanding substantially as to
form between the City of Palm Desert, its Redevelopment Agency, and the Desert
Community College District.
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I. REQUEST FOR AWARD OF CONTRACT for Assessment District Zone #6 - Hovley Lane
West and Various Locations (Contract No. C09950).
Rec: By Minute Motion, award Contract No. C09950, Assessment District Zone #6 -
Hovley Lane West and various locations, to Sir Michael's Enterprises in the amount
of $9,000.00.
J. REQUEST FOR AWARD OF CONTRACT for the Construction of the Civic Center Park
Equipment Storage Facility (Contract No. C09540).
Rec: By Minute Motion, authorize the Mayor to enter into a contract for the subject
project with Kretz Construction in the amount of $123,875.00 and authorize a ten
percent contingency in the amount of $12,387.50.
K. REQUEST FOR AWARD OF CONTRACT for Landscape Maintenance and Services for
Palm Desert Community, Ironwood, and Cahuilla Parks (Contract No. C09960).
Rec: By Minute Motion, award Contract No. C09960, Landscape Maintenance and
Services for Palm Desert Community, Ironwood, and Cahuilla Parks, to Sir
Michael's Enterprises in the amount of $23,208.00.
L. REQUEST FOR APPROVAL of Upgrade of Civic Center Fire Alarm System and Agreement
Amendment with Protection Services, Inc. (Contract No. C10090).
Rec: By Minute Motion, approve the agreement amendment with Protection Services,
Inc. for the upgrade of the Civic Center fire alarm system in the amount of
$8,675.00.
M. REQUEST FOR CONSIDERATION of Removal of Underground Fuel Storage Tanks at City
Fire Stations (Contract No. C10100).
Rec: By Minute Motion: 1) Authorize the appropriation of $45,000.00 from the
unobligated general fund reserve for the removal of five underground storage tanks
and the installation of one 1,000 gallon above ground fuel and related pump
equipment; 2) authorize the City Clerk to advertise and call for bids for the
following: a) removal of underground storage tanks; b) installation of 1,000 gallon
above ground diesel fuel tank and related pump equipment at Town Center Fire
Station.
N. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C09550 for
Reconstruction of Sewer Manhole for Cook Street Extension.
Rec: By Minute Motion, approve Change Order No. 1 to Contract No. C09550 in an
amount not to exceed $6,758.15.
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O. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Interstate 10
Interchanges at Cook Street (Contract No. C10110).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the
Cook Street and Interstate 10 Interchange.
P. REQUEST FOR APPROVAL of Construction Memorandum of Understanding: I-10/Cook
Street and I-10/Monterey Avenue Interchanges (Contract No. C1012Q).
Rec: By Minute Motion, authorize the Mayor to execute the Construction Memorandum
of Understanding (MOU) with the County of Riverside for the construction of the
interchanges at Interstate 10 - Cook Street and Monterey Avenue, Projects 657/658-
95.
Q. REQUEST FOR AWARD OF CONTRACT for the Installation of the San Pascual Channel
Pedestrian Bridge, Project 698-95 (Contract No. C10030).
Rec: By Minute Motion, award Contract No. C10030 to Kretz Construction in the
amount of $15,670.00 plus a ten percent contingency in the amount of $1,567.00
for the subject project.
R. REQUEST FOR AWARD OF CONTRACT for Barrier Free Project Improvements (Contract
No. C0852Q).
Rec: By Minute Motion, award Contract No. C08520 to Contreras Construction, the
apparent low bidder, in the amount of $207,284.00 plus a ten percent contingency
in the amount of $20,728.40 for the Barrier Free Project Improvements.
S. REQUEST FOR RATIFICATION of Change Order No. 1 to Contract No. CO2740 for Palm
Tree Trimming Services.
Rec: By Minute Motion, ratify Change Order No. 1 to Contract No. C09740 in the
amount of $2,762.50.
T. REOUEST FOR APPROVAL of Design Change Order No. 5 to Cook Street Extension
Contract No. C07420.
Rec: By Minute Motion, approve Design Change Order No. 5 in the amount of
$18,100.00 for survey and construction assistance scope modification for the
extension of Cook Street at Frank Sinatra Drive. Funds are available from the
Capital Project Reserve Fund, Account No. 400-4356-433-4001.
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U. RESOLUTION NO. 95-57 - A Resolution of the City Council of the City of Palm Desert,
California, Setting Forth its Findings and Authorizing the Destruction of Files from the
Department of Building and Safety that have been Microfilmed (May, 1995).
Rec: Waive further reading and adopt.
V. REQUEST FOR APPROVAL of One -Year Extension of Contract No. C08971 with the
Regional Business Assistance Center at College of the Desert.
Rec: By Minute Motion, approve a one-year extension of Contract No. C08971 with the
Regional Business Assistance Center at College of the Desert.
Councilmember Benson asked that Items I and K be removed for separate discussion under Section
IX, Consent Items Held Over, of the Agenda. Councilman Spiegel asked that Items J and 0 also
be removed.
Upon motion by Spiegel, second by Benson, the Consent Calendar, with the exception of Items I,
J, K, and 0, was approved as presented by unanimous vote of the Council.
VII. RESOLUTIONS
A. RESOLUTION NO. 95-58 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, DESIGNATING THE COUNTY OF RIVERSIDE
DEPARTMENT OF ENVIRONMENTAL HEALTH AS THE UNIFIED PROGRAM
AGENCY FOR HAZARDOUS WASTE AND HAZARDOUS MATERIALS
MANAGEMENT.
Mr. Diaz noted that Environmental Conservation Manager Lisa Constande was available to
answer any questions.
Councilman Spiegel moved to waive further reading and adopt Resolution No. 95-58. Motion was
seconded by Snyder and carried by unanimous vote.
B. RESOLUTION NO. 95-59 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING THE ISSUANCE AND SALE OF NOT
TO EXCEED $7,500,000 AGGREGATE PRINCIPAL AMOUNT OF PALM DESERT
REDEVELOPMENT AGENCY, PROJECT AREA NO. 1, AS AMENDED (ADDED
TERRITORY ONLY), TAX ALLOCATION (HOUSING SET -ASIDE) REFUNDING
BONDS, SERIES 1995.
Mr. Diaz noted that Mr. Dennis Coleman of the Redevelopment Agency was available to
answer any questions Council might have.
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Councilman Spiegel said he realized this was being done in order to obtain a lower interest
rate than what the City is currently paying, but he said he understood rates were going up and
asked what affect that increase would have on this.
Mr. Coleman responded that it was his understanding that rates would remain level for a
while. He added that this proposed refunding would lower the maximum annual debt service
payments from $760,000 to $697,000 as well as lower the annual average debt service
payments.
Councilman Spiegel moved to waive further reading and adopt Resolution No. 95-59. Motion was
seconded by Snyder and carried by unanimous vote.
VIII. ORDINANCES
For Introduction:
A. ORDINANCE NO. 775 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, ADDING CHAPTER 2.26 TO TITLE 2 OF THE CODE
OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABUSHING THE ECONOMIC
DEVELOPMENT ADVISORY COM1 u 11 r c (Continued from the Meetings of March 23,
April 27, and May 25, 1995).
Mr. Ortega asked that action on this item be postponed until after the Economic Development
Advisory Committee has had an opportunity to discuss items requested by Council during the
joint meeting.
Councilmember Benson moved to continue this item to a time uncertain. Motion was seconded by
Spiegel and carried by unanimous vote.
For Adoption:
None
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IX. CONSENT ITEMS HELD OVER
With regard to Items I and K, Councilmember Benson questioned the large differences between the
two lowest bids for each of these contracts and asked whether they were bidding on the same
package. Mr. Folkers responded that they were and that there was just a difference in the amounts
they would do the contracts for.
I. REQUEST FOR AWARD OF CONTRACT for Assessment District Zone #6 - Hovley Lane
West and Various Locations (Contract No. C09950).
Councilman Snyder moved to, by Minute Motion, award Contract No. C09950, Assessment District
Zone #6 - Hovley Lane West and various locations, to Sir Michael's Enterprises in the amount of $9,000.00.
Motion was seconded by Benson and carried by unanimous vote.
K. REQUEST FOR AWARD OF CONTRACT for Landscape Maintenance and Services for
Palm Desert Community, Ironwood, and Cahuilla Parks (Contract No. C09960).
Councilman Snyder moved to, by Minute Motion, award Contract No. C09960, Landscape
Maintenance and Services for Palm Desert Community, Ironwood, and Cahuilla Parks, to Sir Michael's
Enterprises in the amount of $23,208.00. Motion was seconded by Benson and carried by unanimous vote.
J. REQUEST FOR AWARD OF CONTRACT for the Construction of the Civic Center Park
Equipment Storage Facility (Contract No. C09540).
Upon question by Councilman Spiegel, Mr. Folkers responded that what was being built was
an enclosure to hide the trash bins.
Mr. Diaz noted that a new staff report had been prepared subsequent to distribution of the
Agenda and that the recommendation was different.
Mr. Folkers added that in doing the initial review of the bids submitted, staffs understanding
was that the low bidder, Kretz Construction, had the appropriate license; however, it was
found that they did not, and staffs recommendation was that the contract be awarded to the
next lowest bidder, Jacobsson Engineering.
Councilman Snyder moved to, by Minute Motion, authorize the Mayor to enter into a contract for
the subject project with Jacobsson Engineering in the amount of $158,016.10 and authorize a ten percent
contingency in the amount of $15,801.61. Motion was seconded by Spiegel and carried by unanimous vote.
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O. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Interstate 10
Interchanges at Cook Street (Contract No. C10110).
Upon question by Councilman Spiegel relative to sufficient funds to accomplish this
interchange, Mr. Folkers responded that the Coachella Valley Association of Governments
had enough funds to do both of the Interchanges.
Councilman Spiegel moved to, by Minute Motion, authorize the City Clerk to advertise and call
for bids for the Cook Street and Interstate 10 Interchange. Motion was seconded by Kelly and carried by
unanimous vote.
X. NEW BUSINESS
A. REOUEST FOR CONSIDERATION OF SOUTHERN CALIFORNIA EDISON REQUEST
TO urrrtr UNDERGROUNDING FOR EXTENSION OF 12KV LINE ON EXISTING
POLES TO SERVICE GERALD FORD DRIVE AND EAST SIDE OF MONTEREY TO
DINAH SHORE.
Mr. Diaz noted the report in the packets. He added that Mr. Bob Stranger of Southern
California Edison would make a presentation to the Council relative to this request.
MR. BOB STRANGER, Southern California Edison, addressed the Council and reviewed the
request for approval of the extension of the 12KV distribution line on the existing pole to
service Gerald Ford Drive and the east side of Monterey Avenue to Dinah Shore.
Mayor Crites expressed concern with this request and said there were other areas that should
have been undergrounded years ago. Mr. Stranger responded that it would be difficult to do
undergrounding in this area at this time because they would not know where ry„r..YV would
be subdivided, where curb cuts would be, etc. and if done now, it would require extensive
rebuilding when development occurs.
Mr. Folkers added that there was a need to provide power on an interim basis in that area
now.
Upon question by Councilman Kelly relative to the development that is there now and
whether it would pay its share when the undergrounding takes place, Mr. Drell responded
that it would do so.
Mayor Crites suggested that instead of deferring the undergrounding requirement for a five-
year period, the motion might be that five years from this date the process of undergrounding
will commence unless the Council at that time decides differently.
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Mr. Folkers responded that the intent was to do it sooner than five years. Staff felt that a
five-year window would be adequate and wanted to have a distinct timeline placed as to when
it would happen.
Mayor Crites suggested that the wording be changed to reflect that the undergrounding would
be accomplished within five years or less.
Councilman Spiegel moved to, by Minute Motion, approve the request with the condition that the
subject undergrounding requirement be initiated within a five-year period. Motion was seconded by Benson
and carried by unanimous vote.
B. REQUEST FOR CONSIDERATION OF AMENDMENT TO THE SIGN PROGRAM AT
WARING PLAZA (MERVYN'S CENTER) AT FRED WARING AND HIGHWAY 111,
e No• 4491SA and 410C (DSL Service Company for Outback Steakhouse, Applicant).
Mr. Steve Smith, Associate Planner, reviewed the staff report, noting that the existing sign
program included three colors with reverse channel letters. The applicant was requesting
approval of the use of the trademark Outback Steakhouse red signage with neon lighting. He
said this would not be without precedent as there is red in the signage at the Desert Crossing
development as well as green neon at the Olive Garden restaurant. He noted that the
Architectural Review Commission had approved the request and said Council could approve
the use of red as a one time usage in that center or request that the applicant delete one of
their previously approved sign colors of blue, white, and burgundy.
Upon question by Councilman Spiegel, Mr. Smith responded that it would be a freestanding
building.
Councilmember Benson stated she would agree with the red neon if it looked like the Olive
Garden sign; however, she felt the underlining should be removed. She added that she would
not like to see the red color as an option throughout the City and felt it should be approved
just for this building. Councilman Snyder agreed.
Councilman Kelly said he felt this center had done a better job than others with regard to
design, art, etc. The Architectural Review Commission put a lot of time in this and discussed
it several times. He said the Commission was more than enthused with the design and that
he was in favor of staffs recommendation.
MR. WENDELL HINDLEY addressed Council and said they would like to leave the neon
underlining on the sign so that it is the same as the other stores throughout the country. He
said it added consistency to the sign.
Councilmember Benson said there would be neon tubing going around the building, and she
felt it would be overkill to put it over the letters on the sign.
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Councilman Kelly moved to, by Minute Motion, approve the red neon signage as , .. r „ „ i for
Outback Steakhouse for reasons delineated by the Architectural Review Commission and on a single -use
basis for this building only. Motion was seconded by Spiegel and carried by unanimous vote.
C. REQUEST FOR APPROVAL OF CONTRACT WITH ARBOR WEB DEVELOPMENT
FOR A SITE ON THE INTERNET'S WORLD WIDE WEB FACILITY (CONTRACT NO.
C10130).
Mr. Diaz noted the report in the packets.
Mr. Erwin stated that there were blanks in the contract. He said should Council wish to
approve this request, it should be with staff being authorized to complete the contract.
Councilman Kelly moved to, by Minute Motion, approve Contract No. C10130 with Arbor Web
Development for a site on the Internet's World Wide Web Facility, authorize staff to complete the contract,
and authorize the Mayor to execute same. Motion was seconded by Spiegel and carried by unanimous vote.
D. REOUEST FOR APPROVAL OF THE REFUNDING OF OUTSTANDING BONDS OF
ASSESSMENT DISTRICTS NO. 83-1, 84-1, AND 87-1.
Mr. Diaz stated that the reason for this was the same as the other bond refunding resolution
considered earlier in this meeting. He added that Mr. Dennis Coleman was available to
answer any questions.
Councilman Snyder moved to: 1) Waive further reading and adopt Resolution No. 95-63,
determining that the public interest requires the refunding of the outstanding bonds of Assessment District
No. 83-1 and declaring the City Council's intention to refund such bonds and to levy reassessments as
security for refunding bonds; 2) waive further reading and adopt Resolution No. 95-64 determining that the
public interest requires the refunding of the outstanding bonds of North Sphere Assessment District No. 84-
1-R and declaring the City Council's intention to refund such bonds and to levy reassessments as security
for refunding bonds; 3) waive further reading and adopt Resolution No. 95-65 determining that the public
interest requires the refunding of the outstanding bonds of Assessment District No. 87-1 and declaring the
City Council's intention to refund such bonds and to levy reassessments as security for refunding bonds; 4)
waive further reading and adopt Resolution No. 95-66 employing bond counsel and designating underwriter
for the purpose of the issuance and sale of bonds of Assessment District No. 83-1, North Sphere Assessment
District No. 84-1-R, and Assessment District No. 87-1 for refunding the outstanding bonds of said
assessment districts. Motion was seconded by Kelly and carried by unanimous vote.
E. INFORMATIONAL ITEMS:
1. Colony CableVision of California Update (Cable Complaints Received from June 1,
1995, through July 3, 1995).
Mayor Crites noted the report in the packets.
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2. Update on Interchanges:
a. I-10/Washington Street
b. I-10/Cook Street
c. I-10/Monterey Avenue
Mr. Folloers provided an update to the City Council on all three interchanges.
3. Four -Way Stop at Florida Avenue and Tennessee Avenue.
Mr. Folkers noted the report in the packets and stated that staff would be proceeding
with installation of this four-way stop.
4. Riverside County Blue Ribbon Task Force Library Report.
5. Restructuring California Public Libraries Report.
Mr. Diaz noted both library reports in the packets and offered to answer any
questions.
XI. CONTINUED BUSINESS
A. REQUEST FOR APPROVAL OF MAINTENANCE CONTRACT EXTENSION
PROPOSAL FROM BUS SERVICES CORPORATION FOR CITY OF PALM DESERT
ELECTRIC BUS MAINTENANCE - Contract No. C07961 (Continued from the Meetings
of June 8 and June 22, 1995).
Mr. Diaz noted the report in the packets and stated that Mr. Wohlmuth was available to
answer any questions.
Councilman Spiegel moved to, by Minute Motion, accept the proposal submitted by Sunline Transit
Agency/Sunline Services Group to operate and maintain the Palm Desert Electric Shuttle. Motion was
seconded by Snyder and carried by unanimous vote.
B. CONSIDERATION OF REQUEST FOR WAIVER OF PENALTIES AND FORECLOSURE
COSTS ON ASSESSMENT FOR GRACE REYNOLDS (Continued from the Meeting of June
8, 1995).
Mr. Gibson noted that Ms. Reynolds wished to make a presentation to the Council.
MS. GRACE REYNOLDS, reviewed the history of this request, noting that her request if
Council were to not approve the waiver of penalties and foreclosure costs would be that the
Council use the letter she received on April 26, 1995, for the amount due ($1,028.74). She
stated that on May 19, 1995, she resolved the 94/95 assessment in the amount of $683.00,
and in June she started paying on the last half of the 93/94 assessment, which is the only six-
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month period she had left to pay. She said she was not trying to get out of paying this and
was just trying to get caught up.
Mr. Gibson noted that if the Council were to use the April 26th figure of $1,028.74, it would
be waiving approximately $400.03 in fees which would come out of the General Fund and
open the door for other facing foreclosure to come in and ask for similar waivers. He said
staff's recommendation was to deny the request.
Mayor Crites asked whether it would be staff's intent, if the Council were to use the
$1,028.74 figure and waive about $400.00 in fees, to add that amount in $100.00 increments
at the end of Ms. Reynolds' payments instead of boosting the monthly amount. Mr. Gibson
responded that this could be done but that it would extend the period of time that she is
making payments to the City.
Councilman Spiegel questioned the two letters, noting that the amount shown on the April
26th letter was $1,028.74, and just seven days later (May 2, 1995), the amount was
$1,378.95, about $350.00 more. Mr. Gibson responded that this was due to the fact that an
attorney is now processing a foreclosure.
Mayor Crites questioned why the City does not send letters of delinquency by certified mail.
Mr. Gibson stated that the law requires the letters be sent as a courtesy. He said the records
come from the County Tax rolls, which are not always up to date, and even sending notices
by certified mail might not get to the current property owner. Mayor Crites stated that
sending it certified would at least show whether the r..,r.,, if owner received the notice; in
this case, the Council does not know for sure whether Ms. Reynolds received the notice or
not, and it places the Council in the position of deciding on the veracity of what Ms.
Reynolds is saying.
Mr. Gibson stated that staffs recommendation at this time would be to not send notices by
certified mail due to the fact that they are just courtesy notices, and �,. �,�,... L f owners should
pay their taxes on a current basis.
Councilman Spiegel stated he understood waiving the fees might set a precedent; however,
he said he also knew that the Tax Assessor, under certain circumstances, has waived penalties
on r..,r...ly taxes. He said he felt the Council should waive the $350.00.
Councilman Spiegel moved to, by Minute Motion: 1) Approve the waiver of a portion of the
attorney's fees ($350.21) and to go with the figure shown as being owed in the correspondence dated April
26, 1995 ($1,028.74); 2) direct staff to come back to the City Council with cost figures for mailing notices
"Certified Mail". Motion was seconded by Snyder and carried by unanimous vote.
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C. REOUEST FOR CONSIDERATION OF THE CITY OF PALM DESERT
CLASSIFICATION PLAN (Continued from the Meetings of May 11, June 8, and June 22,
1995).
THE FOLLOWING IS A VERBATIM TRANSCRIPT
Kra
BAC Mayor Buford A. Crites
RAD Acting City Manager Ramon A. Diaz
RG Ray Gary, Patin Desert Employees' Organization President
RSK Councilman Richard S. Kelly
RAS Councilman Robert A. Spiegel
JMB Councilmember Jean M. Benson
WHS Mayor Pro-Tem Walter H. Snyder
JW John Wohlmuth, Assistant to the City Manager
SRG Sheila R. Gilligan, City Clerk
DJE David J. Erwin, City Attorney
BAC The next item is a request for consideration of the City of Palm Desert Classification Plan,
continued from a number of previous meetings. Mr. City Manager...
RAD Yes, Mr. Mayor, Members of the Council. You have...as you indicated, this matter has been
continued for a number of meetings. Staff would recommend the implementation of this plan as
indicated in the staff report from me to you dated July 7, 1995. You have also received a report
or statements from the Palm Desert Board members and general membership today, July 13, 1995,
and the Board has some requests. If Council wishes, I will be more than happy to respond to their
recommendation. John Wohlmuth, Assistant to the City Manager, is here. He was the staff
member who was doing the brunt of the work on this study, and he's here to also answer any
questions you might have.
BAC Okay. Let's just start with this. Are there questions initially from the Council on the staff
memorandums that we have in front of us? If there are none, what I will do is ask... we have a
request from the Palm Desert Employees' Organization to address the Council. I will go next to
honor that request, if that's acceptable to my colleagues. Okay. Ray?
RG Good afternoon. I'm not quite as nervous this time, but still...I want to thank you for the
opportunity to come in again on the classification study prepared by Ralph Anderson and
Associates. I would like to apologize for receiving the late arrival of our memorandum. We didn't
receive some of our information until later today, so we really apologize for that. It wasn't done
to try to sidestep (unclear)
BAC Wait a minute. Let me make sure that we all have...
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RSK I have it.
RG I have at least one copy.
RAS It's dated July 13th?
JMB Well I don't have that one.
WHS I don't have it.
BAC Okay...this, yes. It's this thick document...
WHS Oh.
BAC ...with a red stamp on the top of it.
RAS But it's only the first four pages (unclear)
BAC Right.
WHS Okay.
BAC Okay. And that's a five -page document that I think we did just receive this afternoon.
RG I apologize for that.
BAC Okay.
RAS (unclear) a chance to read it.
JMB Excuse me, I have it.
BAC There it is. Let me ask this question. Have members of the Council had an opportunity read this
memo yet?
RAS I have not.
JMB No.
WHS I just got it.
BAC Okay, so none of us have read this memo. It's appropriate that we read the darn memo before you
do that. So what would be the...why don't we take, then, a five-minute recess while, or ten
14
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REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13,1995
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minutes, while we read this. We will reconvene at fifteen minutes after the hour. How is that?
No reason for everybody else to sit here and watch us read.
RAS So moved.
RG Thanks.
(after the recess)
BAC Now, Mr. Gary, let me ask you a question or two. We've had an opportunity at least to now read
this. After reading all of the five pages of the letter and at least briefly glancing through the
attached documents and so on and so forth, is it PDEO's point of view that all of the subsequent
data leads you to ask for the recommendation that is in the first paragraph? Let's see if we can
get down to the point.
RG Yes, I believe that would be the case.
BAC Okay. So that the first paragraph contains the substance of what you would like as a representative
of the Employee's Organization to see happen to remedy what you consider the problems with how
the study was conducted and so on and so forth.
RG Yes, sir.
BAC Is that a fair...
RG Yes, that's fair.
BAC That's a fair comment. Okay, then, we want to make sure that we understand that particular issue.
Okay.
RG Yes, sir.
BAC Given that, do members of the Council have questions of Mr. Gary in terms of that?
RAS No.
BAC Okay. What would be...is there anything Council would like at this point or would we like to
listen to more testimony and ask Mr. Wohlmuth to respond or the City Manager or...I would have
at least a suggestion to place on the table for this.
RSK Are you going to place your suggestion on the table?
BAC I would if my colleagues would be interested.
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WHS I would like to have your suggestion.
BAC Okay. A suggestion that we might do is that what you have is issues, one, of those people
originally recommended for reclassification, or one set of people with whom you have, there are
issues or problems. And the second one is a set of people who appealed their classification. Is
that right?
RG Yes, sir, yes.
BAC Thanks. A suggestion that I would then at least broach to my colleagues is that we go ahead with
those portions of the classification study that are not in any way touched by these two items, that
those things that are apart from those items, those people in those two items, that we approve those
portions of the classification study, and that we ask the City Manager and PDEO to select an
impartial or someone that both of you will accept as an arbitrator to present issues of original
reclassification and the correctness of that and to make judgments on appeals from classification,
and that the arbitrator then have the jurisdiction to settle those.
JMB The arbitrator would not be a City employee, it would be an outside arbitrator.
RAS It would be an outside arbitrator.
BAC Somebody...
WHS To give you a chance to present your problems.
RG Yes, sir, I feel that would be fair. I'm sure the rest of my colleagues would also.
RSK You understand what we're saying is that you would present your...you would present your case
and staff would present their case, and the arbitrator would make decision.
BAC Well, I'm not sure staff presents the case, but Ralph Anderson or whoever...
JMB The study...
BAC ...the study, so on and so forth. I'm not sure this is an adversarial issue at all.
RSK No, but that's what (unclear)
BAC Yes.
JMB (unclear) would be turned over to the arbitrator.
BAC Right, that there be...the issues be placed in front of that person as to why decisions were reached
and so on and so forth and the rationale for appeals of those be placed there...
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WHS That gives you an opportunity to present what you desire to present and get an answer.
RG Yes, I understand that. A comment was, a valid comment was just made to me that I would need
to get the approval of the employees before I stand up here and say it's okay, but I need to talk
to them first. I mean, that's why we've been doing this.
BAC Oh, no, leaders never talk to those that they lead. That's the worse mistake you can make
(laughter).
WHS Never do that.
BAC It becomes a democracy all of a sudden. All right, understood. Here's a...we've asked Mr. Gary
to respond. John, would either you or Ray wish to respond in terms of whether that's feasible?
RAD I can...yes, Mr. Mayor and Members of the Council, I said I wasn't going to do that, but...Mr.
Mayor and Members of the Council, yes, it would be feasible. Our plan would be to contact
the...there is a professional organization of arbitrators and request of them some names of
arbitrators in this area and do it along with the Employee's Organization and then select an
arbitrator to do it. So the answer to your question is yes. I have no problem with all of that.
BAC A second question. Mr. Wohlmuth, you'd suggested that there be a number of positions that we
look at in a subsequent study after the adoption of the classification study, is that simplistically
correct?
JW Correct.
BAC Okay. Would it be appropriate to fold those issues into this process or are they substantively
different and still need the other process?
JW I believe it would be at the Council's discretion. And thinking of...
BAC What's your position?
JW ...thinking back at the memo that was prepared, I would guess that the majority of those employees
would be in that process anyway, regardless. In other words, they either appealed their
classification...One point of clarification. An appeal to a classification may not be an appeal to
the classification. In other words, there's a description, they can appeal simply the description.
In other words, some of their duties changed, they didn't appeal the title or appealed for
reclassification, they simply appealed some of the description within the classification. I think if
we're going to open the door for all that appealed, is that what we're talking about or appealing
just the titles or the...for all?
RSK Settling the whole thing.
17
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JW Okay.
BAC Wait a second. Those are two different issues, and suggesting that the arbitration be for the appeal
of title only or for all...?
JW I don't think staff can make that determination of...when an employee appeals a classification, they
appealed it to Ralph Anderson. Some of them are significant appeals, some are minor. I would
make the recommendation that anybody that appealed would be able to go through this process.
BAC Okay.
JW And the part to your question is, if those employees that are identified on the June 22nd memo are
not a part of the appeal process, they should be added in.
BAC Okay, and that would fold all...
JW Fold both of those issues into one.
JMB Give it all to the arbitrator and let him (unclear).
BAC Okay. Mr. City Manager...
RAD One more issue, that the individuals involved would want to be part of this. The reason I say that
is in regards to the information requests and that. An issue came up about the privacy of forms
that were filled out, the appeals and so on. So that if an individual did not want to appeal it
further, then that would not come out, but if an individual wanted to continue, they would be able
to understand that there's a possibility that others other than Anderson and Consultants in
themselves will be viewing their forms. Just a minor technicality, but it allows us to make sure
that those who want their privacy maintained can do so.
BAC If that be the case, and if we can wrap those things into that, then a motion might be that upon
acceptance, upon agreement between the City, between the City management and representatives
of the Employee's Organization, that at that point we would authorize the Mayor then to sign the
acceptance of the remainder of the classification study.
WHS And then an arbitrator would carry on (unclear)
BAC And then that we would take the sense of this and finish this off through an arbitrator.
RAS And that would bring it finally to, hopefully, fruition.
WHS Is that a motion, sir?
BAC The Chair never makes a motion.
•
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RAS Then I'll so move.
JMB Second.
BAC There's a motion, there is a second. Do you wish to comment further?
RG No, I don't. Just thank you very much for listening to our concerns. That's all I have to say.
RAS Now the ball's kind of in your court to come back and let the City Manager, Acting City Manager,
know whether your group agrees to what we just discussed or if it doesn't.
BAC Okay. Mr. Wohlmuth, do you have a comment first before we vote?
JW Before you vote, a point of clarification on the list of the employees that are proposed to be
reclassified by Ralph Anderson. The motion for those thirteen employees is for the Council to act
on that tonight, both those going up and those going down in classification.
BAC With the exception of those included with the appeal process.
WHS Accept the thing as it is except for the appeal process.
BAC For those who...
JW For those outside the thirteen that are appealing. Thank you.
BAC Yes, sir. Is that...there is a motion and a second. Is there further discussion? Being none, then
a ballot's in order. Please vote.
SRG The motion carries by unanimous vote.
(after discussion of Old Business Item A)
DJE Mr. Mayor, ask for clarification, back to Item XIC, I'd like to ask the Council to clarify and make
sure that this is to be effective July 22nd as opposed to being retroactive to July 1st.
BAC Yes, I believe the intention, unless otherwise stated, was to be effective July 22nd.
DJE Thank you.
BAC Is that staffs preference?
RAD Yes, that is the beginning of the next pay period.
BAC Thank you.
19
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THE FOLD WING IS A SUMMARY OF THE COUNCIL MOTION
Councilman Spiegel moved to, by Minute Motion: 1) Authorize the Mayor to execute the
Classification Study to be effective July 22, 1995; 2) direct management and representatives of the PDEO
to work in securing the services of a mutually acceptable arbitrator to review those positions for which an
official appeal was filed as well as those positions outlined in the memorandum from Richard J. Folkers
dated June 19, 1995. Motion was seconded by Benson and carried by unanimous vote.
KIT. OLD BUSINESS
A. REOUEST FOR CONSIDERATION OF TRAFFIC CONCERNS ON FRED WARING
DRIVE BETWEEN PORTOLA AVENUE AND DEEP CANYON ROAD.
Mr. Folkers noted the staff report and recommendation.
Councilman Snyder moved to, by Minute Motion, approve actions B and C as described in the staff
report dated July 13, 1995. Motion was seconded by Spiegel and carried by unanimous vote.
B. REOUEST FOR CONSIDERATION OF TRANSFER OF OWNERSHIP FROM COLONY
CABLEVISION TO CONTINENTAL CABLEVISION.
Mr. Ray Janes reviewed the staff report, noting that there were several technical changes to
the resolution. Upon question by Council, Mr. Erwin stated that if Council wished, it could
approve the resolution and agreement contingent upon his approval.
MR. PERRY PARKS, Continental Cablevision, stated that the changes to the resolution were
to make it consistent with the language of the transfer itself. He said the transfer document
and agreement would be part of about 183 transfer documents that will be reviewed by
attorneys prior to close, and they will be looking at consistency. He reviewed the changes
and submitted them to the City Clerk.
MR. STEVE MERRITT, General Manager of Colony Cablevision, noted that the proposed
changes in the resolution were consistent with the agreement attached to the resolution.
Councilman Spiegel moved to: 1) Waive further reading and adopt Resolution No. 95-60 permitting
Colony Cablevision to transfer ownership to Continental Cablevision; 2) by Minute Motion, approve the
transfer of ownership agreement to allow Continental to become the City's new provider of cable television
services (Contract No. C1014Q), with approval of both resolution and contract subject to City Attorney
review and approval. Motion was seconded by Benson and carried by unanimous vote of the Council.
20
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C. $$OUEST FOR RATIFICATION OF SOIL PROCUREMENT - I-10 INTERSTATE AND
COOK J inrc1INTERCHANGE.
Mr. Folkers reviewed the staff report and recommendation, noting the revised report
submitted to Council prior to the meeting. Upon question by Councilman Spiegel about why
this did not go out to bid, Mr. Folkers responded that staff got an extremely good price and
wanted to move on this while it had the opportunity. He said staff was convinced that if we
went out to bid, it would cost more and take a lot more time.
Councilman Spiegel moved to, by Minute Motion, ratify the procurement of 140,000 cubic yards
of soil from Southwest Excavators, Inc. at a not to exceed cost of $475,000 plus a contingency of ten
percent for use on the north side of Cook Street & I-10 Interchange Project, Project No. 658-95. Motion
was seconded by Kelly and carried by unanimous vote.
D. INTERSTATE 10 INTERCHANGES - ROADS AND BRIDGES BENEFIT DISTRICT
AGREEMENT UPDATE.
NOTE: TINS ITEM WAS CONSIDERED JOINTLY WITH THE PALM DESERT
REDEVELOPMENT AGENCY.
Mr. Folkers noted the new staff recommendation that the City stay in the three interchange
Roads and Bridges Benefit District (R.B.B.D.) instead of pulling out. He said a delay in
forming the district could delay the award of the bid for the interchanges. He added that the
City had been criticized in the past for doing things during the summer months, and this
would be done in September. He stated that Mr. Ortega was working with the County on
financing arrangements. He said staffs recommendation was as follows: 1) That the City
continue to stay in the District; 2) that the Chairman of the Redevelopment Agency send a
letter to CVAG advising that we will put forth the good faith of the City and the
Redevelopment Agency to pay the City's share by the year 2000; 3) that staff work with
CVAG and r...rd.., the necessary process to proceed with the District; and 4) that Mr. Ortega
continue to work with the County so if we have failure of the District there will be some
mechanism to secure the County's funds for this District over some period of time.
Councilman/Member Spiegel asked if staff was sure the money is there to do this because if
it is not, the whole thing will not be accomplished. Mr. Folkers responded that from the City
and Redevelopment Agency standpoint, we have the money. The point that is weak is the
$6,232,822 County share, and we do not have the resources to pay that off if the County
defaults.
Councilmember/Member Benson questioned the information in staffs memorandum relative
to other cities not joining the District. Mr. Folkers stated that if the City of Palm Desert
does not join, there will be a district only in the County. He said the rest of the cities have
made or will make agreements with CVAG to pay their fair share without a district.
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Mr. Erwin added that territories in those other cities will be in the District. He said if Palm
Desert should at this point step out, the District is left with the County. Because there is no
joint powers authority, one of the cities has to stay in.
Mayor/Chairman Crites asked what the down side would be for Palm Desert to be the one
city left in the District. Mr. Folkers responded that there was no down side as far as he
could see.
MR. BILL CLAPPER of CVAG addressed the Council and stated that a concern that had
been raised by La Quinta and Rancho Mirage was with the possibility of some type of
catastrophic problem on the interchanges where lawsuits would be brought against them. He
said CVAG would indemnify for any lawsuits brought forward. He added that if only the
County was in the District, there would be only County territory; however, if one city stays
in, territory of all five cities can be used.
Mr. Erwin stated that meetings had been held with the Rancho Mirage City Council and
attorney relative to their being in the District. Concern was expressed about some
catastrophic occurrence on one of the interchanges that would cause someone to sue not only
Caltrans as owner but the Roads and Bridges Benefit District, of which they would be a part,
and there was the possibility they would be added into the litigation. He said this was
theoretically possible but so remote that it offers no great risk.
Councilmember/Member Benson asked whether there was a guarantee that the County would
stay if the District were formed. Mr. Folkers responded that the County had indicated it
would stay in.
Councilman/Member Spiegel moved to, by Minute Motion: 1) Approve the staff recommendation
that the City stay in the three interchange Roads and Bridges Benefit District (R.B.B.D.); 2) direct the
Chairman of the Redevelopment Agency to send a letter to the Coachella Valley Association of Governments
(CVAG) advising that we will put forth the good faith of the City and the Redevelopment Agency to pay
the City's share by the year 2000; 3) direct staff to work with CVAG on the necessary process to proceed
with the R.B.B.D.; and 4) direct the Executive Director of the Redevelopment Agency to continue to work
with the County of Riverside so that if there is failure of the District, there will be some mechanism to
secure the County's funds for this District over some period of time. Motion was seconded by Kelly and
carried by unanimous vote.
22
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REGULAR PALM DESERT CITY COUNCIL Mr r. t ii' G JULY 13, 1995
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E. REQUEST FOR APPROVAL OF EXCLUSIVE SOLID WASTE AND RESIDENTIAL
RECYCLING CONTRACT (Contract No. C09630).
THE FOLLOWING IS A VERBATIM TRANSCRIPT
Ku
BAC Mayor Buford A. Crites
RAD Acting City Manager Ramon A. Diaz
JW John Wohlmuth, Assistant to the City Manager
LC Lisa Constande, Environmental Conservation Manager
JMB Councilmember Jean M. Benson
RAS Councilman Robert A. Spiegel
DJE David J. Erwin, City Attorney
RSK Councilman Richard S. Kelly
JB Jim Brockman, Western Waste Industries
WHS Councilman Walter H. Snyder
SRG Sheila R. Gilligan, City Clerk/P.I.O.
BAC Request for approval of a solid waste and residential recycling contract. Mr. City Manager.
RAD Mr. Wohlmuth.
BAC Mr. Wohlmuth.
JW Honorable Mayor and Members of the City Council...in your packets is a new contract. At
this time I'd like to have Lisa Constande come up here and describe the contract and describe
how we're going to implement the provisions of the contract.
LC Honorable Mayor and City Council...do you have any questions regarding the contract?
BAC Are there questions?
JMB
Yes, I have a question. On page 2...I don't think...well, the terms of the contract "effective
five-year period commencing the first day of July to and including the 30th day of June,
2000" . The rest of that "by mutual consent of both the contractor and the City and upon
terms acceptable to both parties this contract may be amended for additional periods of time
or conditions as may be agreed upon". I don't believe that should be in the contract because
at the... this is a five-year contract, and there is no provisions for mutual agreement to extend
it. It's a open bid process after that I think was the direction we gave them.
BAC Comments from other people on the Council.
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RAS I agree that that was the...what I thought we had decided upon when we ratified the contract,
that it was a five-year contract and then at the end of the five years the next contract would
be open to open bid.
DJE I certainly have no problems striking the language if that's the wish of the Council.
BAC Anybody wish to comment?
RSK It's up to the Council, whoever's here then, to decide how...
RAS That's right.
JMB Right.
LC Would you like what those 34 words do for us? Would you like to know what those 34
words do for us as a safety net in the contract? The year 2000 is five years away, and all
that...all that is is by mutual consent, and it also says "times and conditions". Staff plans to
wholeheartedly six months prior or a year before that to get ready for a bid to go out. All
that is is a safety net for the residents that we serve, that if whoever the new contractor is on,
you know, July 1st of the year 2000, their trucks can't roll, under the Public Resource Code,
we are responsible for picking up trash. All that is is a safety net for if that new contractor
or if the old contractor for politics or concerns that we can't foresee, if not, staff will literally
have to get into...we're responsible for that. So that, all that is is just a safety net for the
residents that no matter what, their trash will go uninterrupted. It doesn't mean that we're
extending it in any way, shape, or form. If the City Council so chooses, you know, the City
Attorney can rewrite that, but we do recommend that some safety net, even if it's for a day
or two or a week, it is not to protect the contractor and service that this is referring to, it's
just to protect the City and the residents. It's just like cable, water, gas, and electricity. If
that service goes perfect and uninterrupted, you don't hear anything, but if that service is
interrupted, that's when the phone calls come. And we saw that in Palm Desert Water &
Services District with the recycling being interrupted, now compound that with the trash. It's
just a simple safety net.
JMB Dave can think of some other way to put it in there so...
BAC Well, how about this, Jean. Dave, can you insert something that says...that leaves that in
there and adds to it that this is not intended to be a substantive...to add substantively to the
length of the contract?
DJE Yes.
BAC That really takes care of your concern, right?
JMB Right.
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REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13,1995
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DJE Certainly.
BAC Does that take care of your concern?
LC Yes, it's just so the residents go uninterrupted.
BAC We're all happy right now. Okay? Are there other questions at this point?
RSK I'd move approval.
BAC Wait a minute. Are there other things that...I think we need to have a briefing on this, but
it may very well be that what we need to do is to take time to have a briefing outside of the
contract approval process and to go through that. Is that acceptable to my colleagues?
JMB A timetable you mean on all the...
BAC Yes, when .things are implemented and all the rest. I, at least, have not even had the
opportunity to...
RAS No, we just this...
LC In the contract, it doesn't have, like, a date that automated will be, and there's not a
resolution setting services or rates at this time, so, yes.
BAC Okay, then, we'll do that. Thank you. Mr. Brockman, you asked to speak.
JB Mr. Mayor and Members of the Council, Jim Brockman, Western Waste. since it'll be
another five years before I get to talk to you again...
BAC No, it won't.
WHS Now's your time.
RSK Is that a problem?
JB To you, Dick, yes, sir. But we do have to play golf. I just wanted to make sure that I got
some things clear for the record. Number one, this has been a very trying time, I think, for
all of us, and I want to make sure that...your staff did one heck of a job. They were
professional. Never, ever, did they stand in our way or did they deny us access from
anything that you directed them to do. They bent over backwards for us, and I want to make
sure that that gets into the record on my part. Okay? The second thing...
BAC I assume you'll convey those thoughts to your colleagues?
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REGULAR PALM Dram 1 CITY COUNCIL MEETING JULY 13, 1995
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JB Yes, sir. That being said, sir, we'll go on to new business, and I have one comment and one
inquiry of Mr. Erwin, if I could. Just so I can clarify for the record, the Council does have
the option at this point to send this, still send this out to RFP, is that...am I correct in
assuming that?
DJE
I don't believe that was the last action. I think the last action was to approve the award of
the contract and tell staff to renegotiate the contract and bring the contract back for approval.
That's my recollection. I could be wrong. I don't have the Minutes in front of me.
JB Just think in the general sense, with the autonomy they have under Government Codes, they
can change their action any time as far as until the contract is executed, or is it a done deal?
DJE The recommendation showing on May 25 is that the Council approve the negotiated franchise
agreement with Waste Management for solid waste and residential recycling for the next five
years, direct staff to prepare a final contract document between Waste Management of the
Desert and the City of Palm Desert. It would appear to me that they have acted on the
substantive part of it. This is much more administerial act to approve the contract, hopefully
in line with that. Technically, you may be correct that they could reverse that...I frankly
have not thought that through. I would not recommend that to them in light of their past
action, but perhaps technically they could.
JB Okay, it was more of a question on, you know, any points I would bring up would be moot.
I do just have one concern that the green waste program has been, in my opinion, down
played a tad in that should there not be a green waste repository developed down here, there
is no sanctions that, you know, that you say they have to, it just says a good faith or a good,
you know, good effort be done, and I just want to remind you that we already have one and
we've already taken the cost, which is very expensive, to bring a facility to Southern
California. It just...it was just a little bit watered down, because back in 1990 when they
ended up in Chino Corona Farms over on Torrez Martinez, it was kind of tough, and, you
know, is there anything that that would lend to the contract or any performance section to it
that that would, you know, affect? But other than that, it was, you know, misunderstandings,
and whatever happened, staff did a good job. And we appreciate that.
BAC Thank you for coming this afternoon and for making those comments to us, sir.
WHS Thank you, Jim.
BAC If there are no other requests to speak on this particular item, is there a motion?
RAS I move to approve the contract with our attorney taking a look at...
DJE To modify the language...
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REGULAR PALM DESERT CITY COUNCIL bir zi ii G JULY 13, 1995
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RAS ...and modifying it based on staffs concerns and also that we have an opportunity to take a
look at the implementation program.
RSK Second.
BAC There's a motion and a second, please vote.
SRG Motion carries by a 4-1 vote, with Councilmember Benson voting NO.
THE FOLLOWING IS A SUMMARY OF THE COUNCIL ACTION
Councilman Spiegel moved to, by Minute Motion: 1) Approve the exclusive solid waste and
residential recycling agreement between the City of Palm Desert and Waste Management of the Desert and
authorize the Mayor to execute same; 2) direct the City Attorney to look at modifying the language of
Section II - Term of Contract based on staffs concerns outlined above relative to amending the agreement
for additional periods of time; 3) direct that the City Council be provided an opportunity to look at the
implementation program for this contract. Motion was seconded by Kelly and carried by a 4-1 vote, with
Councilmember Benson voting NO.
NOTE: THE FOLLOWING ITEMS WERE LISTED ON AN AGENDA ADDENDUM AND POSTED
72 HOURS PRIOR TO THE CITY COUNCIL MEETING.
F. REQUEST FOR APPROVAL OF EXTENSION OF TEMPORARY EMERGENCY
FUNDING FOR PALM DESERT PUBLIC LIBRARY SERVICE.
Mr. Diaz reviewed the staff report, noting the recommendation that a committee be
established to look at future options. He said the recommendation was that the committee be
composed of himself, Redevelopment Director Carlos Ortega, Mrs. Ella Manor
(representative to the County Library Board), Ms. Barbara Bowie, and a member of the City
Council.
Councilman Spiegel moved to, by Minute Motion: 1) Approve the extension of temporary
emergency library funding of $8,230.00 per month through September, 1995, and direct staff to evaluate
ideas listed in the staff report dated July 7, 1995, and others and return to Council with report and
recommendation at its meeting of August 24, 1995; 2) establish a committee to look at future options, said
committee to be composed of ACM/Director of Community Development Ray Diaz, Redevelopment Agency
Executive Director Carlos Ortega, County Library Board Representative Ella Manor, Ms. Barbara Bowie,
and Councilman Walter H. Snyder. Motion was seconded by Benson and carried by unanimous vote.
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G. REOUE.ST FOR APPROVAL OF CONTRACTS FOR MULTI AGENCY LIBRARY
ARTWORK.
Councilman Spiegel moved to, by Minute Motion: 1) Authorize the Mayor to sign Contract No.
C10170 between the City of Palm Desert and Barbara Field for the design, fabrication, and installation of
an artwork for the Multi Agency Library; 2) authorize the Mayor to sign Contract No. C10180 between the
City of Palm Desert and Ries Niemi for the design, fabrication, and installation of an artwork for the Multi
Agency Library. Motion was seconded by Kelly and carried by unanimous vote.
XIII. REPORTS AND REMARKS
A. CITY MANAGER
None
B. CITY ATTORNEY
Mr. Erwin noted the Closed Session items listed on the Agenda and requested a Closed
Session at the appropriate time to discuss same.
Request for Closed Session:
Conference with Legal Counsel regarding existing litigation pursuant to Government Code
Section 54956.9(a):
City of Palm Desert v. Herrera. et al., Case No. CV-95-2702-RG.
Conference with Real Property Negotiator pursuant to Section 54956.8:
Property: Lot 130, Country Club Village No. 1, M.B. 40/9-11 and a portion of
the east half of Section 16 T5SR6E SBB&M, and 3.1 acres M/L Sec.
16 in Por SE14 RT5S
Negotiating Parties:
Agency: City of Palm Desert
Property Owner: Jack Rule and Dr. Rigby
Public Employee Performance Evaluation pursuant to Section 54957
Title of Position: City Manager
C. CITY CLERK
None
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D. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action;
1. Councilmember Benson stated she was wondering what we were going to do
with Assemblyman Battin's request about getting packets of information about
the City for the State Republican Convention to be held at the Marriott Desert
Springs.
Mayor Crites responded that it was underway and that he had discussed this
with Mrs. Gilligan and the City's advertising agency. He said he had called
Mr. Battin's office in Sacramento and advised what was being done. He said
he had also sent a letter several months ago saying to let us know if there is
anything else the City can do to be of assistance to him.
Mrs. Gilligan added that the City's advertising agency, Wilkinson and Parlan,
was gathering a packet of information for Mr. Battin.
2. Mayor Crites asked whether staff had complied with the request for the City's
position with regard to the new race track near Interstate 10.
Mr. Diaz responded that a letter had been sent to the developers indicating
Palm Desert's feeling that a full environmental impact report should be
completed consistent with CEQA requirements. In addition, the letter
indicated that the amount of time given for the City to review the materials
sent was too short.
3. fetter from City of Lafayette on No and Low Property Tax Cities
Councilmember Benson asked if something was being done with regard to the
letter from the City of Lafayette on No and Low Property Tax Cities.
Mayor Crites responded that he had passed this along to Redevelopment
Director Carlos Ortega several days ago for action.
Councilman Kelly asked whether the Council could emphasize that it would
like to spend some staff time to assist in that effort. He said with the
reestablishment of government that was going on, the no and low r.. r ... t� tax
cities were being forgotten or ignored. He added that he felt this was a good
time to step in and try to do something about this, and he would be willing to
work on it as a Council representative. He added that he felt it was important
for the City to be involved in the hearings.
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NOTE:
Councilman Snyder stated he would also be happy to help.
Mayor Crites stated that it was the unanimous consent of the Council to
prioritize staff time to work on this issue.
THE FOLLOWING ITEM WAS LLSTED ON AN AGENDA ADDENDUM AND POSTED
72 HOURS PRIOR TO THE CITY COUNCIL MEETING.
4. Discussion and Direction Relative to the People Mover Program (Councilman
Richard S. Kelly).
Councilman Kelly stated that a public hearing had been held on this as one of
the requirements in an effort to obtain a grant from the Federal government.
Hesaid there was quite a bit of resistance from a developer who demanded
what the requirements would be as far as his development. He said there was
no way to answer that at this time since it was unknown what would be built
as far as the People Mover and how much it would cost. He said we were at
a place now where we have to make a decision to move ahead or not. While
he agreed it would be great to have something like this to attract people to the
City, he felt that with the budget situation in Washington being the way it is
considerable amount of staff and Council time would have to be spent to meet
with legislators.
Councilmember Benson said she felt the Economic Development Advisory
Committee should also consider this as far as making a decision to move ahead
or not.
Councilman Kelly stated that one more hearing had already been scheduled,
and he felt that all of the Councilmembers should try to attend it. In addition,
more information should be obtained from the consultant. He agreed the
EDAC should be involved. He asked that a staff report be prepared for the
next City Council meeting with regard to moving ahead and investing perhaps
half a million dollars.
Councilman Spiegel said he also felt we need a recommendation from the
consultant that with this budget crunch and with the necessity to have clean air,
how much importance will the House and Senate put on that and how much
funds are available.
Council concurred.
o City Council Committee Reports:
None
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XIV. ORAL COMMUNICATIONS - B
None
With Council concurrence, Mayor Crites recessed the meeting at 6:20 p.m. He reconvened the
meeting at 7:10 p.m.
XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
None
XVI. ORAL COMMUNICATIONS - C
None
XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. APPOINTMENT TO THE PLANNING COMMISSION TO FILL THE VACANCY
CREATED BY THE RESIGNATION OF CAROL WHITLOCK.
Councilman Snyder moved to continue this matter to the meeting of August 24, 1995. Motion was
seconded by Benson • and carried by unanimous vote.
B. PRESENTATION OF CERTIFICATES OF APPRECIATION TO PARTICIPANTS WHO
HAVE COMPLETED ONE YEAR IN THE STUDENT WORK PROGRAM.
Mayor Crites and Assistant to the City Manager John Wohlmuth presented a Certificate of
Appreciation to Student Randy Heyer who completed one year in the Student Work Program.
C. PRESENTATION TO ELIZABETH GREEN FOR HER EFFORTS WITH REGARD TO
THE JULY 4TH CELEBRATION.
Mayor Crites read a proclamation declaring January 11, 1996, "Elizabeth Green Day" in the
City of Palm Desert commemorating her birthday and expressing the City's appreciation for
her efforts with regard to the recent 4th of July Fireworks Celebration.
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REGULAR PALM DESERT CITY COUNCIL Ar..r. i u4G JULY 13, 1995
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RVIII. PUBLIC HEARINGS
A. BEOUESTFOR APPROVAL OF A GENERAL PLAN AMENDMENT AND CHANGE OF
ZONE FROM PLANNED RESIDENTIAL AND RESORT COMMERCIAL TO DISTRICT
COMMERCIAL (PC-2) AND APPROVAL OF PRECISE PLAN OF DESIGN TO PERMIT
CONSTRUCTION OF AN 81,747 SQUARE FOOT RETAIL SHOPPING CENTER ON 8.7
ACRES AT THE NORTHEAST CORNER OF DEEP CANYON ROAD AND HIGHWAY
111, Case Nos. GPA94-2. C/Z 94-3. PP 94-7 (F & M Associates, Applicant) Continued
from the Meetings of April 27, May 11, May 25, June 8, and June 22, 1995.
Mr. Drell stated that at the last hearing on this there were some remaining details of the
agreement still in dispute:
Definition of "discount" type of business that could reoccupy the space - he
distributed new wording and said that the definition had been expanded and was
satisfactory to both parties.
Penalties for violation of the agreement - he said the agreement contained a
requirement for posting of a $250,000 irrevocable letter of credit. He said there
was discussion as to whether there would be additional remedies in case of violation
of the agreement. It was determined that a portion of that $250,000 was to create
significant disincentive, and that would be the sole penalty.
Mr. Erwin agreed with the changes and said Council's action at this time would be to adopt
the resolutions approving the general plan amendment and precise plan and to adopt the
ordinance approving the change of zone.
Councilman Spiegel moved to: 1) Waive further reading and adopt Resolution No. 95-36 approving
the General Plan Amendment; 2) waive further reading and adopt Ordinance No. 7�" $, approving the change
of zone; 3) waive further reading and adopt Resolution No. 95-37 approving the precise plan, with
amendments to Exhibit "C" as discussed during the public hearing. Motion was seconded by Benson and
carried by unanimous vote.
B. J EOUEST FOR CONSIDERATION OF FISCAL YEAR 1995-96 ASSESSMENTS FOR
PALM DESERT LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT ZONES 1
THROUGH 12.
Mr. Busier reviewed the staff report, noting that no further changes would be made to the
aguassments unless significant protests to those assessments were received. He added that he
had the assessment roll to be entered as part of the record (on file and of record in the City
Clerk's Office). He noted that letters had been received and copies distributed to the
Council. Fifteen letters from eight property owners had been received relative to the east end
of Haystack Road; however, issues raised were not part of the assessment district, were not
being considered as protests, and would be handled as a separate issue at a later date.
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Mayor Crites declared the public hearing ogen and invited testimony in FAVOR or OPPOSED to
these assessments. No testimony was received, and he declared the public hearing closed.
Mr. Bassler noted the following tally of all official protests received as of 2:00 p.m.:
District Assessable
Name Parcels_ Etatests
1 Presidents' Plaza 43 0
2 Canyon Cove 222 1
3 Vineyards 132 2
4 Parkview Estates 172 0
5 Cook & Country Club 14,144 2
6 Hovley Lane West 236 0
7 Waring Court 16 0
8 Palm Gate 37 0
9 The Grove .85 0
10 Dinah Shore 10 0
11 Portola Place 23 0
12 Oasis -Washington 2,353 0
TOTALS 17,473 5
Councilman Spiegel moved to: 1) Waive further reading and adopt Resolution No. 95-61 approving
the final levy report as presented or amended; 2) waive further reading and adopt Resolution No. 95-b2
ordering the levy and collection of assessments as approved. Motion was seconded by Snyder and carried
by unanimous vote.
With Council concurrence, staff was directed to place an item on the August 24, 1995, City
Council Agenda addressing the comments and issues raised by homeowners on Haystack and the situation
with Ironwood Park.
C. REQUEST FOR APPROVAL OF PREANNEXATION ZONING OF PCD/HPR (PLANNED
COMMUNITY DEVELOPMENT, HILLSIDE PLANNED RESIDENTIAL - 228.5 ACRES)
O.S. (OPEN SPACE - 411.5 ACRES) AND A ZONE CHANGE FROM HPR TO PCD/HPR
FOR 54 ACRES; FOR A PROJECT KNOWN AS "THE CREST" CONSISTING OF 151
HOMESITES ON 640 ACRES NORTH OF THE "CAHUILLA HILLS AREA" AND 54
ACRES OPPOSITE THE PALM VALLEY CHANNEL FROM THE "SOMMERSET"
CONDOMINIUMS, Case No. C/Z 90-12 Amendment #1 (Miller/Richards Partnership,
Applicant).
Mayor Crites stated that a request for continuance had been received. Mr. Diaz added that
this should be continued to a date uncertain.
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REGULAR PALM DESERT CITY COUNCIL MEETING JULY 13, 1995
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Councilman Snyder moved to continue this matter to a date uncertain. Motion was seconded by
Benson and carried by unanimous vote.
XIX. ORAL COMMUNICATIONS - D
None
XX. ADJOURNMENT
With Council concurrence, Mayor Crites adjourned the meeting at 7:45 p.m. to Closed Session
pursuant to items listed on the Agenda under City Attorney Reports and Remarks.
Mayor Crites reconvened the meeting at 9:50 p.m. and immediately adjourned with no action
announced from Closed Session.
ATTEST:
fl
SHEILA R. OIt L'f GA N, CT. Y�LERK
CITY OF PALM DESERT, ✓ILIFORNIA
BUFJ '•' A. CRITES, MAYOR
34