HomeMy WebLinkAbout1995-05-11MINuii
REGULAR PALM DESERT CITY COUNCIL I is ii iG
THURSDAY, MAY 11,1995
« « * * « * * * « « * * « * « s * * * « * s * « « * * « * « at « « * * «
I. CALL TO L,RDi
Mayor Crites convened the meeting at 4:00 p.m.
II. PLEDGE OF ALLEGIANCE - Mayor Buford A. Crites
III. INVOCATION - Councilmember Jean M. Benson
IV. ROLL CALL
Pint.
Councilmember Jean M. Benson
Councilman Richard S. Kelly
Mayor Pro-Tempore Walter H. Snyder
Councilman Robert A. Spiegel
Mayor Buford A. Crites
Also Present:
Richard J. Folkers, Acting City Manager
Doug Phillips, Deputy City Attorney
Mary P. Frazier, Deputy City Clerk
Ramon A. Diaz, ACM/Director of Community Development
Gregg Holtz,
Carlos L. Ortega, ACM/Executive Director of Redevelopment Agency
Paul S. Gibson, Director of Finance
Wayne Ramsey, Director of Code Compliance
John Wohlmuth, Assistant to the City Manager
Lisa Constande, Environmental Conservation Manager
V. ORAL COMMUNICATIONS - A
MS. KATHLEEN KOPP, 44-870 Cabrillo Avenue, Palm Desert, addressed Council relative to
information she had received recently in her mailbox from Western Waste.
MINUTES CITY
_
REGULAR PALM DESERT CITY COUNCIL &wizaugv MAY 11,1995
• • • * • * * * • * • • * * • * * • • * • • * * * * • * * * * • * * * • • •
Mayor Crites noted that the Council would be discussing this issue shortly and said Ms. Kopp
would be able to speak at that time.
MS. MYRNA STONE, 73-067 Silvera Road, Palm Desert, ,..,.r.....Y 1 concern with the Palm Desert
Water and Services District and the way it had dealt with a problem she and her renter had
regarding a high water bill of $256.00 with the normal bills of approximately $30.00 per
month. She thanked Ms. Constande for the information she had provided and asked for Council's
advice or assistance in dealing with the Water District.
Mayor Crites responded that the Palm Desert Water and Services District was by State charter a
separate entity operating within the City of Palm Desert boundaries. The City has no legal
jurisdiction over anything the District does and has no power of influence in this regard and that
members of the Board are elected by the voters within that District.
VI. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of April 27, 1995, and the Adjourned
Meeting of May 3, 1995.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant No. 44.
Rec: Approve as presented.
C. CLAIM AGAINST THE CITY (#r2801 by Dana Andrew Hutchinson in the Amount of
$57.00.
D.
Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the
Claimant.
APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Lari Sue London-Kacoon
and Nisim Kacoon for 73-405 El Paseo, #32A, Palm Desert.
Rec: Receive and file.
E. MINUTES of Economic Development Advisory Committee Meeting of March 16, 1995.
Rec: Receive and file.
F. Ix''rat OF RESIGNATION from Mr. Ed Mullins from the City's Economic Development
Advisory Committee.
Rec: Receive with sincere regret.
2
MR.ui y
REGULAR PALM „_i 'i a.. TY COUNCIL MEETING MAY 11, 1995
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
G. $$OJJFST FOR AUTHORIZATION to Advertise and Call for Bids for the Varner Road and
Associated Utility Relocations (Contract No. C09900).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the
subject contract.
H. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Street
Resurfacing Program (Contract No. 02910).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the
Street Resurfacing m.
I. BEQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Landscape
Maintenance Contracts (Contract Nos. 0, C03920, 03520, and C08260).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the
subject landscape maintenance contracts.
J. REOUEST FOR APPROVAL of Declaration of Surplus P, , r .. , :, and Authorization far
Disposal.
Rec: By Minute Motion, declare eight GKS000 traffic counters surplus r , , 6,x , I., and
authorize disposal (Asset Nos. 2397, 2398, 2399, 2400, 2401, 2402, 2403, and
2404).
K. REOUEST FOR APPROVAL of Change Order No. 2 to Contract No. C09060 for Highway
74 Street Improvements - Bighorn Assessment District.
Rec: By Minute Motion, approve Change Order No. 2 to Contract No. QM in the
amount of 540,939.26.
L. REOUEST FOR ACCEPTANCE OF WORK for Contract No. C09060 - Highway 74
Widening and Landscape Improvements -Assessment District No. 94-1 (Bighorn).
Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion for the
subject contract.
M. REQUEST FOR APPROVAL of Amendment No. 1 to Contract No. C08560 - CVAG
Reimbursement Agreement for the Cook Street/I-10 Interchange.
Rec: By Minute Motion, authorize the Mayor and City Manager to execute Amendment
No. 1 to Contact No. C08560 for the CVAG Reimbursement Agreement for the
Cook Street/I-10 Interchange.
3
a,a
REGULAR PALM DESERT CITY COUNCIL 16aulv MAY 11,1995
• • • • • • • • • • • • • • • • • • • • • • • • • • • • s • • • • • s • • •
N. REQUEST FOR APPROVAL of the Purchase of Pedestrian Bridge for San Pascual Channel
(Project No. 698-95).
Rec: By Minute Motion: 1) Authorize City staff to enter into an agreement with
Continental Bridge for the purchase (only) of the prefabricated pedestrian bridge for
a cost not to exceed $12,162.00; 2) authorize ,i,r,..,,r ,'ation of funds.
O. REOUEST FOR CONSIDERATION of Consolidated Landscaping and Lighting District, FY
1995-96 Report and Proceedings.
Rec: 1) Waive further reading and adopt Resolution No. 91-38 to initiate i V sings for
annual levy and annexation; 2) waive further reading and adopt Resolution No. QE
2 for preliminary �,, ,; Ad of annexation and assessment levy report.
P. Lt i isa from Coachella Valley Association of Governments Executive Committee
Requesting Support of the Public Safety Committee Recommendation Regarding Emergency
Preparedness.
Rec: By Minute Motion, approve the request and approve the Public Safety Committee's
recommendations that each city in the Coachella Valley: 1) Support Coachella
Valley Business Emergency Service Teams (CVBEST) objectives relating to
emergency communications and training programs; 2) encourage its Emergency
Services Director to become and active member of the CVBEST Executive Council;
and 3) encourage a specialized emergency services training r..,c...m for businesses
within its community in cooperation with CVBEST.
Mr. Folkers asked that Items A and N be removed for separate discussion under the Consent
Items Held Over portion of the Agenda.
Councilman Kelly asked that staff include on the next Agenda a correction to the City Council
Minutes of February 23, 1995, relative to the exclusive franchise contract to r.�f�„ refuse
collection and residential recycling services. He noted that the approved Minutes did not
correctly reflect his motion and that he had a verbatim transcript of that portion of the
Minutes that showed what he had actually said. He noted that the Minutes indicated direction
to staff to bring back a position paper outlining r . .bd.ls from other waste haulers; however,
his actual motion was to direct staff to come back with a position paper indicating why we
are doing what we are doing.
Upon motion by Spiegel, second by Kelly, the Consent Calendar, with the exception of Items A
and N, was approved as presented by unanimous vote of the Council.
MINUTES ', x'
REGULAR PALM Lane. CITY COUNCIL 141M.�i G MAY 11,1993
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
VIL RESOLUTIONS
A. BESOLUTION NO. 95-40 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, AMENDING THE JOINT POWERS AGREEMENT
CREATING THE COACH► VALLEY JOINT POWERS INSURANCE AUTHORITY.
Mr. Folkers noted the report in the packets.
Councilman Spiegel moved to waive further reading and adopt Resolution No. 95A). Motion was
seconded by Kelly and carried by unanimous vote.
VDT. ORDINANCES
F�Introduction:
None
For Adoption:
A. ORDINANCE NO. 777 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF THE MUNICIPAL
CODE RELATIVE TO ESTABLISHING SPEED ZONES (42nd Avenue Between
Washington Street and One-half Mile West of Oasis Club Drive).
Mr. Folkers noted that no changes had been made to this ordinance since introduction, and
he recommendation adoption.
Councilman Kelly moved to waive further reading and adopt Ordinance No. M. Motion was
seconded by Spiegel and carried by unanimous vote.
IX. CONSENT ITEMS HELD OVER
A. MINUTES of the Regular City Council Meeting of April 27, 1995, and the Adjourned
Meeting of May 3, 1995.
Councilman Spiegel moved to continue this matter to the meeting of May 25, 1995. Motion was
seconded by Kelly and carried by unanimous vote.
5
MINUTES
REGULAR PALM DESERT CITY COUNCIL 14Lr e.au IG MAY II, 1995
* • • * * • * • • • * * * * • • * • • • * • • • • • • • • * * * • * * * • •
N. REQUEST FOR APPROVAL of the Purchase of Pedestrian Bridge for San Pascual Chumel
(Project No. 698-95).
Mr. Folkers noted that the amount listed on the Agenda was incorrect and that the
recommendation was for a cost not to tweed $12,991.42.
Councilman Spiegel moved to, by Minute Motion: 1) Authorize City staff to enter into an
agreement with Continental Bridge for the purchase (only) of the prefabricated pedestrian bridge for a cost
not to exceed $12,991.42; 2) authorize appropriation of $12,991.42 from the Unobligated Park funds.
Motion was seconded by Kelly and carried by unanimous vote.
X. NEW BUSINESS
A. p ON BY WASHINGTON CHARTER SCHOOL AMBASSADOR EL ZA1LH
WARDLE RELATIVE TO FUNDS ALLOCATED TO THE SCHOOL BY THE C1TY.
Principal Carole Horlock addressed the Council and stated that all of the Washington Charter
School Ambassadors, including Elizabeth Wardle, were away at Science Camp. She
introduced 4th Grader Emily Koenig, who read a ,....r statement thanking the Council
for its contribution of $35,000 to her school. She noted that some of the funds were used to
purchase computer equipment.
Mrs. Horlock stated that Washington Charter School was having a fund raiser this year and
was selling wall tiles at a cost of $100 each. She noted that one of these tiles had been
purchased for the City and would reflect the City of Palm Desert's name on it.
Mayor Crites noted that while the City was not by State law funding local education, it did
set aside a certain amount of money for each of the schools within the City limits. He said
this was a matching funds program where every dollar raised by parents' clubs is matched
by a dollar from the City's set -aside monies.
No Council action was necessary or taken on this matter.
B. pRESENTATION BY MR. DON S. JONES, PRESIDENT OF CHAPTER 21 OF THE
PEARL HARBOR SURVIVORS' ASSOCIATION.
Mr. Louis Confer d , r4, on behalf of Mr. Don Jones and reviewed the letter dated Apn1
6, 1995, relative to the Pearl Harbor Survivors Association program to go to the local high
schools and talk to the students regarding the events of B Y„M..,1-r 7, 1941, and World War
11 as an educational history lesson. He also discussed a golf tournament which was originally
scheduled to be held April 30, 1995, but which had been rescheduled for November 30,
1995, at Indian Wells Golf Resort. He said proceeds from this tournament would help defray
the cost of producing a documentary video of the attack on Pearl Harbor. He said they would
be asking each of the Valley cities to donate funds for this video, with $5,000 from the larger
Mei u A E...!
REGULAR PALM DESERT CITY COUNCIL 141r e.iudG MAY 11,1995
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
cities and $2,500 from the smaller cities. He noted that the City of Indian wells had already
made a commitment to provide the golf course at a reduced rate, and that commitment was
in effect a contribution of S13,700. He added that Channel 3 had contributed S1,000and had
indicated they would donate their studios to personally interview each of the Chapter 21 Pearl
Harbor Survivors.
Councilman Kelly moved to, by Minute Motion, direct staff to place this matter on the Agenda for
the meeting of May 25, 1995, for consideration of support of the golf tournament. Motion was seconded
by Spiegel and carried by unanimous vote.
C. J EOUEST FOR APPROVAL OF DESIGN AND LOCATIONS OF EL PASEO
DIRECTIONAL SIGNS.
Ms. Sonia Campbell, President of the El Paseo Business Association, showed the k , , w s, h 0.1
signs and said there would be seven of them on Highway 111, one on Highway 74, and one
on Monterey Avenue. She said these locations had been reviewed by staff and that all but
two would be posted on existing signs. She noted the cost would be S 180.00 per sign. Upon
question by Councilman Spiegel, she responded that Davis and Associates had done the
design of the signs.
Mayor Crites asked whether it was an oversight that this had not gone to the Architectural
Review Commission.
Mr. Diaz responded that it was not an oversight. He said these were public directional signs
that are in the right-of-way areas, and normally these types of signs do not go through
Architectural Review Commission.
Councilman Spiegel asked if the City would be obligated to put signs on Highway 111 for
Fred Waring Plaza if it did this for El Paseo. Mr. Folkers responded that this was a case by
case basis.
Councilman Kelly said he felt the signs looked really good and would be an asset. He also
said he felt El Paseo was a key street fort economic health of the City and that he would
be very much in favor of approving these signs.
Upon question by Councilman Kelly, Mr. Folkers stated that it was his understanding that
the cost for the signs would be born by the El Paseo Business Association and that it was not
the intent to use City money to purchase them.
Councilman Spiegel moved to, by Minute Motion, approve the request, with the design to be
reviewed by the Architectural Review Commission.
7
MINUTE
REGULAR PALM DESERT CITY COUNCIL Maw...anon
MAY II, 1995
s s s s•• s•• s s s• s•• s• s s s s••• s s s s s••• s• s••
Councilman Kelly stated that this meant the Architectural Review Commission would look
at the design, not the fact that these signs will be there or the locations. Councilman Spiegel
agreed.
Mr. Folkers stated that it was his understanding that the cost would be born by the El Paseo
Business Association and that there was no intent to use City money to purchase the signs.
The City would provide .the posts for them to be installed and would in the
installation.
Councilmezmber Benson said she felt this went with other signs put up all around the City
directing people. She said by directing people to El Paseo we would be getting some money
back from it. She felt it was the same type situation as the banners and that the City should
pay for them.
Councilman Spiegel agreed.
Councilman Spiegel restated his motion and moved to, by Minute Motion ��,., , .. the concept of,
location of, and the cost for the directional signs, with the design to be � .. by the Architectural
Review Commission. Motion was seconded by Benson and carried by unanimous vote.
D. REOUEST FOR APPROVAL OF RIGHT-OF-WAY ACQUISITION FOR THE COOK
STREET AND I-10 INTERCHANGE PROJECT.
Mr. Folkers stated that this was just a housekeeping item. He said he had spoken to the City
Attorney relative to proceeding with eminent domain proceedings for v...rat I-10 and
Cook Street. He said .he would be asking Council to adjourn its meeting of May 25th to
10:00 a.m. on Wednesday, May 31, 1995.
Councilmembers Benson and Spiegel both indicated they would be out of town that day and
would not be able to attend the meeting.
Mr. Folkers stated that staff would work out a date for the Adjourned Meeting.
Councilman Kelly moved to, by Minute Motion, authorize the Mayor to execute the subject
document. Motion was seconded by Spiegel and carried by unanimous vote.
E. REOUEST FOR CONSIDERATION OF APPEALS TO A DECISION OF THE
ARCHITECTURAL REVIEW COMIuIISSION GRANTING PRELIMINARY APPROVAL
OF REVISED HOME PLANS WITHIN THE TIERRA VISTA DEVELOPMENT ON THE
WEST SIDE OF ELDORADO DRIVE, SOUTH OF THE LAKES, Case No. TI25711
(Robert B. Varner - Sunterrace, and Mr. and Mrs. Norman Aron, Appellants).
Mr. Diaz reviewed the staff report, noting that the original development with only four
dwelling units constructed was taken over by Desert Aggregate (Granite Construction). The
8
REGULAR PALM CITY COUNCIL Mr easolG MAY 11,1995
s s• s s s s•••• s s• s• s•••• s s s s• s s s• s s•• s s s•
homes being . . J for the remaining 96 lots were smaller than the four already
constructed. The smallest of those original homes was approximately 3,100 square feet. The
appellants felt the size of the homes was incompatible with other homes in the area.
However, the Architectural Review Commission, after several meetings, granted preliminary
appro'.r1 subject to the final working drawings' delineating front elements being continued
around the side yard elevations to a minimum depth equal to the side yard walls and
providing for additional depth on the fascia. Staff agreed with this decision and
recommended denial of the appeals.
Upon question by Councilman Spiegel, Mr. Diaz responded that the original project was
started in 1991.
MR. BRUCE MAIZE, Desert Aggregates, stated that his firm was a wholly -owned subsidiary
of Granite Construction. He said the lot sizes were not being changed but that the homes
would in.., many of the same features that exist with the homes that are there now.
Each house would have a three -car garage as well as garden walls and strong detail along the
front and sides of the home. Although the homes had been down -sized to 2,480, 2,662, and
2912 square feet, each would have a 280 square foot guest house as an option. He noted
several neighboring projects such as Primrose, SLr.it...rW .., Sandcastle, and Indian Ridge, and
said the Tierra Vista homes fit in with these other developments. He felt the size of the
homes would not be a detriment to adjacent r w c, owners. He offered to answer any
questions.
MR. GAYLE ANDERSON, 91 Appian Way, Palm Desert, said he was the second person
who purchased a residence from Granite Construction. He said his home was 3400 square
feet, and he disagreed with statements that this development would not have an adverse
impact on the value of his r.„,.,.tj. He said he felt it would change the nature of the
environment, and downsizing of the residences would have a major impact on the makeup of
the residents who purchase into this project. He added that he was older and not interested
in being in an area with children. He noted that the CC&R's provided to him when he
purchased his home indicated the minimum house size would be 3000 square feet. Then just
before closing of escrow, he said he was told he had to sign a contract agreeing to a reduction
in minimum size to 2200 square feet. lie -later found out from a real estate attorney in his
firm that the requirement that he agree to the reduction in size was Lt. ., , and a breach
of the contract. He said he was totally . r i . J . 1 to the reduction and that he had suggested
that Granite Construction could purchase his home back and he would then leave or purchase
one of the smaller homes once they are built. He said he did not feel Granite should have
sold those homes that had been built. He said he loved the home he had but felt the new
homes should be in conformity with what now exists.
MR. DAVID DOMINICK, 41-965 Jones Drive, Palm Desert, said he was the first to
purchase a home at Sunterraee. He felt the reduction in home size was unreasonable and
would adversely affect his r , values as well as those in The Links, Primrose, and
Indian Ridge.
9
MTh u LE.% V:..
REGULAR PALM DESERT CITY COUNCIL b iu1v
MAY 11, 1995
* * * * * * * * * * * $ * * * * * * * * * e s s s s s s $ * s * s * * s s *
MR. NORMAN ARON, 17 Florence Lane, Palm Desert, said his home was built the same
as one of the models and that he had substantially upgraded it and put an additional $100,000
into it after it was built. He did not wish to remain in that development with homes that will
be priced at about half the value of his home. He said he had discussed with Desert
Aggregates the possibility of increasing the size of the smallest home from 2200 square feet
to 2400 square feet and the fact that the cost for building a 2400 square foot horde compared
with a 2200 square foot home was practically nil. He said he had asked if they would
considering doing this; they came back and said they were not willing to change that. He
said he could see this having a real negative impact, not only on the homes within Sierranova
but also Sunterrace and other surrounding neighborhoods. He asked that consideration be
given to w , . icing and increasing the size of the smaller homes by 250 to 300 square
feet.
MR. LAYTON TEGMOND, 41-935 Harrison Drive, Palm Desert, said he was senior partner
in the law firm of Thompson & Colgate but was appearing on behalf of himself as a resident,
citizen, and voter in the City of Palm Desert. He said he had reviewed the staff report dated
May 11, 1995, and in his opinion there was only one justification set forth to recommend
approval of the request. He said that was on page 4 and said the . , r a units are smaller
than those previouslyback in 1992, but they are still well in access of the
minimum." He said he felt that businesses, citizens, and residents are not drawn to a city
that adheres and insists on minimums; they are drawn to cities that maintain standards of
quality. He said because Granite Corporation finds itself in this position, a calculated risk
of their business, that is not justification to destroy the r. i,r ...11 value and the tax base of that
very significant portion of the City.
MR. JOHN BUDD, 75-775 Armour Way, Sunterrace, disagreed with the downsizing of the
homes.
MR. CHARLIE SWEET, 74-595 Palm Desert, said he felt the compatibility between
Sierranova and Sunterrace was very important. He agreed with Mr. Aron's suggestion for
a compromise. He said he liked what the Council did with Belmonte where the footprint was
taken and the developer could build homes ten percent plus or minus the original footprint.
Councilman Spiegel asked why this development did not work.
Mr. Sweet • responded that this was put together at the same time that banks and savings &
loans closed down. Two and a half years were spent looking for financing. He then decided
to borrow about $6 million from the Tarmac Company. Tarmac then sold to Granite and sold
the note and deed of trust to the , , , r , L, . Six weeks prior to selling the models the first
payment to Tarmac was due, and his general partner defaulted.
MS. ILONA BARNARD, 41-770 Harrison Drive, spoke on behalf of herself and her
husband. She said they felt the reduction in home size was not justified.
.-1
10
MINUTES
REGULAR PAI1VICITY COUNCIL 1.146AL/it: MAY 11,1995
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
MR. Runrki VARNER, developer of Stmterrace, agreed that everyone should look for a
way to get along. He agreed that the cost was negligible to increase the size of the smaller
homes by approximately 200 square feet and said his general contractor felt it would cost
between S5,000 and S6,000 more to do that.
Upon question by Mayor Crites, Mr. Varner said that adding the 200 square feet would make
the home approximately 2,900 square feet; the guest house would not be an option but would
be included in the total house. Upon question by Councilmember Benson, he said the
smallest available house in the Sunterrace development was 2,680 square feet at a cost of
$445,000. Upon question by Councilman Spiegel, he stated that with the , , . w i the
smallest home in Sierranova would be approximately 200 square feet larger than the smallest
home in Sunterrace. He noted that his development would not be building any more homes
less than 3,000 square feet.
MR. ALAN LEVINE, 77 564 Country Club Drive, spoke as a _ .... tative of the Building
Industry Association and in support of Granite Construction.
Mr. Maize stated that the design of the homes was top notch. He said a lot of the
homeowners on the adjacent 1� , , r :.es had not seen the features that would in , .� J, .1 in
these homes and therefore could not speak with good knowledge of that. He said size did not
dictate value, it is what is put in the home. He said they did not intend to amenitized their
homes to the same level as Mr. Varner but would absolutely complement them as far as size
and architectural features. Homeowners would also have the option of upgrading their
homes. He said they would not put in back yard landscaping or pools because to do so would
raise the prices close to Mr. Varner's development. As far as impacting the value of
properties in the area, he said he had not heard facts, only argument. He noted he had asked
a local appraiser; MacKenzie and Associates, to review his development and to comment on
what they felt the impact would be on the.neighboring r. tor iw.C, . He summarized that report,
noting that it indicated "...any potential negative value influence to Sunterrace due to
development of smaller, lower -priced homes already exists from the Primrose and/or
Sandcastle developments, both of which have had a more direct and immediate impact than
the , . . �.1 subject. Therefore, it is our .� �. t: that development of the subject as
proposed will have no impact on the- market value of the homes within the Sunterrace
project." With regard to impact on the existing homeowners, the report indicated "...in fact,
the r , . . „ . .1 development may contain homes that will sell in value range w.r .44 d of the
existing homes due to availability of upgrades. Current development as proposed within the
subject project will enhance the marketability of the existing homes. 'Therefore, it is our
opinion that development of the subject as , , .�., d will not create a negative impact on the
market value of existing homes within the development or the existing homes within
Sunterrace project."
Councilmember Benson noted that these types of disputes had been settled before in other
areas, and she asked if it might be worth another try. She said she personally felt this project
complemented the neighborhood and asked if a . r , , i.. might be able to be reached.
11
MDiu AAA
REGULAR PALM DtAr.R.. CITY COUNCIL 14ir tauiG MAY II, 1995
• • • • • • • • • • • • • • • • • • • • • * • * * * * • • • * • • * • • * •
Councilman Spiegel said he did not consider S275,000 homes as affordable housing, and he
understood how people might feel there will be families with children living in these homes.
He agreed with Councilmember Benson that there might be a way to reach agreement on the
size, but he did not think the City could dictate what the prices will be.
Councilman Kelly agreed that there must be a .. y . J . 1 somewhere, but he felt the
developer and the people should get together to work out the compromise, not the City
Council. He added that he had observed a lot of effort on the part of the existing developer
to work toward some sort of . , . ; .. '1 „Ise but he did not hear anything from Granite at this
meeting. He said he felt both sides must compromise.
Councilman Snyder agreed that there needs to be a , J r , , „ .. ise and suggested that e w daps
one or two Councilmembers sit in on the meeting to try to reach that L, , J „ „use.
Mayor Crites stated that the Architectural Review Commission minutes suggested that Granite
Construction had done a lot toward 1 J J 1 u J J yl r. He said he could understand why someone
living next door would look at an issue that is 25% lower. He said it seemed to him that
either through the main house or through the main house and an attached guest house that if
Granite can find a way to get there at the same size as the minimum Sunterrace size (2,680
square feet), then you are looking at an issue that cannot be objectionable because it is the
same thing that is in the other neighborhood.
Councilmember Benson agreed with Councilman Kelly that it is not necessary to have
members of the Council on the committee to try to reach a compromise. She agreed it should
be brought back to the Council if things cannot be worked out but felt it was worth continuing
for two weeks.
Councilman Snyder moved to continue this matter to the meeting of May 25, 1995, and encourage
the developer to work with the people to try to find a compromise. Motion was seconded by Benson and
carried by unanimous vote.
F. REQUEST FOR WAIVER OF BUSINESS LICENSE PENALTIES FOR REAL ESTATE
EXECUTIVES.
Mr. Ramsey noted the staff report in the packets.
Councilman Spiegel moved to, by Minute Motion, deny the request. Motion died for lack of a
second.
Councilmember Benson noted that the penalty was a very small amount, and she asked if
there were others who also had to pay these penalties.
Mr. Ramsey responded that all who are caught have to pay the penalties.
12
MINUTES
REGULAR PALM inuat L- r CITY COUNCIL 14Ar e,imv MAY 11,1995
•••••s•••••••••••••••*•••••*••••••••••
Councilmember Benson said she felt Council needed to look at the issue of good will here
also. Upon question by Councilman Spiegel relative to setting a precedent, Councilmember
Benson responded that she did not feel this would set a precedent, and the business had been
in Palm Desert for a long time.
Upon question by Councilmember Benson relative to staffs recommendation to modify the
Palm Desert Municipal Code to allow the City Manager to waive penalties, Mr. Ramsey
responded that the intent was to deal with these issues without them having to come to the
Council.
Councilman Spiegel moved to, by Minute Motion, appro. - the request for waiver of penalties and
'direct staff to process a modification to the Palm Desert Municipal Code to allow the City Manager to mak
decisions to , . 6 ., or disapprove the waiver of penalties. Motion was seconded by Kelly and carried by
unanimous vote.
G. CONSIDERATION OF REQjJEST FROM APT AMBULANCE FOR APPROVAL OF
AMBULANCE SERVICE PERMIT.
Mr. Folkers noted the report in the packets and offered to answer any questions.
Councilmember Benson stated that there was very little ambulance service in the City except
for Springs. She said it was her understanding in reading the staff report that this firm would
only be serving customers of Ushawl Dialysis and FHP patients and that it would not be open
for public use.
MR. BOBBIE WALKER, Smith and Sons, Applicant, agreed and said at this point they were
only applying for these two organizations that they had contracts with. However, if the City
Council wished, he said he could look into providing service to the general public.
Councilmember Benson stated she new of someone who had to use the services of Springs
Ambulance at $60.00 each way to go to the dentist; however, this person had been advised
that a new service was coming into the City. She asked why this was not open to the general
public. .
Mr. Walker explained that his firm had contracts with the other two facilities, and that is why
he was only requesting approval to provide this service to those two facilities.
Councilmember Benson stated that a contract would not be needed to provide this service to
the general public. Mayor Crites added that there were other requirements, such as a license
through the County, etc.
13
MIN i� .
REGULAR PALM DESERT CITY COUNCIL bia�ausv MAY Lt,1195
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
Councilman Snyder moved to, by Minute Motion, approx. the request for a permit to =duct
ambulatory services within Palm Desert to the patients of Ushawl Dialysis and FHP only and directed staff
to work with the applicant to investigate the possibility of providing this service to the general public.
Motion was seconded by Spiegel and carried by unanimous vote.
H. JEOUEST FOR CONSIDERATION OF AMENDMENT TO RESOLUTION NO. 83-34
RELATING TO RECORDS OF CLOSED SESSION.
Councilman Spiegel asked whether Council could decide which Closed Sessions it wished to
record and which ones it did not wish to record. Mr. Phillips responded that Council could
choose to record or not record any Closed Session meetings.
Upon question by Mayor Crites as to who would have access to the tapes to listen to them,
Mr. Phillips responded that it would only be the Councilmembers.
Councilman Spiegel moved to waive further reading and adopt Resolution No. 25_-44 amending
Resolution No. 83-34 relating to the maintenance of minutes and records of closed sessions pursuant to
Section 54957.2 of the Government Code. Motion was seconded by Kelly and carried by unanimous vote.
I. CONSIDERATION OF REQUEST BY THE PLANNING COMMISSION FOR
SCHEDULING OF A JOINT MEETING BETWEEN THE PLANNING COMMISSION
AND THE CITY COUNCIL TO DISCUSS STATUS OF VARIOUS PROJECTS.
With Council concurrence, Mr. Diaz was directed to work with the Council secretary to schedule
a time for a joint meeting between the Planning Commission and the City Council to discuss the status of
various project.
J. REQUEST 'FOR CONSIDERATION OF THE CITY OF PALM DESERT
CLASSIFICATION PLAN.
Councilman Spiegel moved to continue this matter to the meeting of June 8, 1995. Motion was
seconded by Kelly and carried by unanimous vote.
K. INFORMATIONAL ITEMS:
1. Colony CableVision of California Update.
Mayor Crites noted the report in the packets relative to cable complaints received for
the period from April 5, 1995, through May 2, 1995.
2. Four -Way Stop at California Street and Warner Trail; 42nd Avenue and Oasis Club
Drive.
Mayor Crites noted the report in the packets.
14
MINUTES
REGULAR PALM ,ram' CITY COUNCIL 16ead.1114Ur - MAY U, 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 s s s
RI. CONTINUED BUSINESS
A. REQUEST FOR APPROVAL OF TRAFFIC SIGNAL INSTALLATION AT MAGNESIA
FALLS DRIVE AND PORTOLA AVENUE (Continued from the Meeting of April 13,
1995).
Mr. Mark Greenwood, Transportation Engineer, reviewed the staff report and offered to
answer any questions.
Councilman Spiegel asked whether a traffic signal would still be needed if the bridge were
not put through. Mr. Folkers responded that the warrants for a signal had been met with the
traffic we have there now.
Councilman Kelly said he did not think anyone disagreed that traffic -wise it would be
wonderful to have a bridge but that there were lots of other
ramifications and ad, ,
with that problem. He said he did not think it would happen in his time. He
added that he did not see a need fora signal at this location.
Councilmember Benson asked what would happen to the entrance at Palm Desert Mobile
Estates, and Mr. Folkers responded that it would be moved further down so that residents can
get in and out.
Mayor Crites stated that expressed concern that opening this up would lead to lots of people
coming down San Pablo from Magnesia Falls because they will not be able to turn left onto
Monterey Avenue. This would take them right next to the softball fields where he did not
have any interest in seeing people speeding along. He said the best way to stop this problem
is at the source, this light.
Councilman Spiegel moved to, by Minute Motion, deny the request for installation of a traffic
signal at Magnesia Falls Drive and Portola Avenue. Motion was seconded by Benson and carried by
unanimous vote.
B. CLAIM AGAINST THE CITY (//281) BY RON ODEKIRIC IN THE APPROXIMATE
AMOUNT OF S33,000.00 (Continued from the Meeting of April 27, 1995).
Mr. Phillips asked that this matter be continued to May 25, 1995.
Mayor Crites suggested that this item be considered by the City Council at the same time as
the Adjourned City Council meeting.
Councilman Spiegel moved to, by Minute Motion, continue this matter to the meeting of June 7,
1995. Motion was seconded by Kelly and carried by unanimous vote.
15
MINv im %:r` ‘c::•
REGULAR PALM DESERT CITY COUNCIL 11,1re,iuIv MAY 11,1995
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • ••• • • • •
C. REQUEST FOR CONSIDERATION OF EXCLUSIVE FRANCHISE CONTRACT TO
PERFORM REFUSE COLLECTION AND RESIDENTIAL RECYCLING SERVICES,
CONTRACT NO. M MQ (Continued from the Meeting of February 23, 1995).
NOTE: THE FOLLOWING IS A VERBATIM TRANSCRIPT OF THIS PORTION OF THE MEETING:
Kpt
BAC Mayor Buford A. Crites
RJF Richard J. Folkers, Acting City Manager
JW John Wohlmuth, Assistant to the City Manager
JMB Cou ncilmember Jean M. Benson
DSP Doug Phillips, Deputy City Attorney
IS Lira Constande, Environmental Conservation Manager
RAS Councilman Robert A. Spiegel
KK Ms. Kathleen Kopp, resident
WHS Councilman Walter H. Snyder
CC Mr. Chuck Cervello, Governmental Affairs Manager, Western Waste Industries
JB Jim Brockman, Western Waste Industries
LJ Lance Jones, representative of Western Waste Industries
LW Lowell Weeks, resident
DF Dianne Funk, resident
BS Bill Smith, resident
WG William Gordon, resident
ER Ethel Richardson, resident
RSK Councilman Richard S. Kelly
MPF Mary P. Frazier, Deputy City Clerk
BAC Most people, I suspect, who are here, and I've already violated my promise to Ms. Kopp,
are interested probably in... on page 7- of.the Agenda, Item XI - C which is Request for
Consideration of a Franchise Contract for Refuse and Recycling Services, and so, with my
colleagues' permission, we'll just simply skip the Agenda and go to that particular item first.
On page 7 of the Agenda, Item XI - C. So, is that acceptable to my colleagues? Okay, with
that being acceptable, then Mr. City Manager I'd like to open with a staff report on the
current state of contract negotiations and such matters as that.
RJF Mr. Wohlmuth, will you please make the report.
JW Honorable Mayor and members of the City Council. Staff is recommending a continuance
of this item to the 25th in order for us to id... a staff report that will have a
comprehensive 1., wan for you. At the April 13th meeting we were instructed to bring back
.16
111UTIM
REGULAR PALM Den r st1' CITY COUNCIL iiifv MAY 11,1995
* 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
a staff report/position paper and other issues like a green waste � . , m to the City Council
on May l lth. We've been negotiating with Waste Management of the Desert as required in
our current franchise agreement. The franchise agreement states that we shall negotiate in
good faith. We have a five-year agreement with a five-year option. We shall negotiate in
good faith to extend that agreement for five years, and we've been doing that. In the
enhanced m, under Council direction we seek to bring you a grin waste, a
.ensive green waste e , +y ,u m, a variable can rate, enhanced recycling services, an
automated service, containers for all the residents in the City of Palm Desert, and a new rite
structure, a rate structure that will allow the residents to seek savings if they so choose, a rate
structure that will be variable in the sense that if you can reduce your waste stream you can
reduce your waste. bill. At this time, I'd like to call on Lisa Constande, our Environmental
Conservation Manager, to provide some insight and perhaps any question that the Council
has. Again, we ask that you continue this to the May 25th Council meeting.
BAC Let me ask if there are questions from members of the Council at this point.
JMB Well, I don't know if my question is to John or to Lisa. But at the last meeting I did ask
when we were going to get a report back from the prior request of a few months ago as to
why we weren't opening it for bid and what we were doing, and I was told that we would
have that on May l lth. And now I understand, and I didn't know it until I read the Agenda,
that last Friday staff had requested it be moved to the 25th, and in checking on it I find out
well, they knew when they answered at the last meeting that it wouldn't be ready on the l lth,
and I just don't know why they said we'd have it the llth.
JW
We have been negotiating in good'faith with Waste Management of the Desert. Some of the
requests that Council has made staff look at issues like green waste, we have been negotiating
on the green waste issue. Until we have a comprehensive green waste program, we felt like
it would be premature to bring it to Council. In accordance, our concern is in accordance
with Assembly Bill 939, we're required to reduce 50% by the year 2000. Unless we address
the issue of green waste, we won't get there. Therefore, staff wants to make sure that that
is tight in the agreement when we bring it back before Council.
- 7MB Well, it wasn't the agreement that we hadasked for before was a paper on why or why not
it shouldn't be opened up. And that's what I asked Bruce when we were going to get that
paper, and that's when he said to Lisa, "When are we going to get that paper!" and that
paper has nothing to do with bringing in the contract.
JW Maybe at this time I'll defer that specific question to our City Attorney on our responsibilities
to negotiate in good faith before we bring in other options.
DSP May I?
JMB Yes.
17
MINIMS
REGULAR PALM ijrAr.ixT CITY COUNCIL /64x..L.avolG MAY 11,1995
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 s s s
DSP The term of the contract that staff has been discussing is the one that says that both parties
shall work in good faith to attend the franchise agreement for an additional five years. Fnat
of all, that does not mean that we have a contract to the year 2000. You have a contract
through February of 1995, and you are basically I believe on a month to month basis now.
However, you do have an obligation under the contract to make a serious attempt to resolve
any differences and to reach some common agreement, and it is my recommendation that you
do that by discussing with Waste Management what they are able to offer. That will be
brought to you on the 25th, I believe, in a position paper, and then you can consider it at that
time. You need not award the franchise to them. You may at that point go out to public bid
if you choose to or listen to other comments. But in order to be sure that we fulfill the
obligation under the contract, my recommendation would be to continue the course that
you're on now until you receive the paper on the 25th. That, I hope, answers the questions.
JMB Well, it does and it doesn't. It doesn't bring in what had been asked for before as to why
it wasn't going or why it couldn't go out to bid.
BAC He just did.
JMB No, he just...he hasn't said why it couldn't other than the fact that the other one said good
faith.
BAC No, he said that we have to get a contract r .,a1 from them and then if we don't like it
then we can go out to bid.
DSP Correct. And you can't do it until then.
JMB Alright, I just...That isn't it. I don't think it's a good enough answer,. but...
DSP Other questions of Mr. Phillips? Okay, Ms. Constande. You wanted to comment...John said
you were...
LS (unclear)
RAS Could you go over the 50% again for me.
JW In 1989 the State of California passed Assembly Bill 939, a law that requires every
jurisdiction in the State of California, counties, cities, and districts, to reduce their waste
stream by 25% in the year 1995 and 50% by the year 2000. When this passed, the City of
Palm Desert had a recycling r approximately six months, almost a year by the time,
we started in January of 1989. The requirement of 25% has been met by the City of Palm
Desert. The requirement of 50% by the year 2000 has not been met. The reason that we
are concerned, and the five-year option is in this current agreement, the recommendation at
that time was staff had concerns about flexibility in the r..t.d.m so we could get up to the
50% in the event that we had to enhance our program and do things like we're g to
18
MIN to Ago
REGULAR PALM „� 'L!Y'Ata CITY COUNCIL M LIL+I , MAY 11, 1995
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
include green waste. The current rate the city of Palm Desert is at, the law has changed a
bit, but we're still not at the 50%. By the year 2000 we must be at that 50% rate, and on
May 25th we'll bring you a r . , .6.„1 m that we believe will get the City of Palm Desert to the
50% rate as mandated by now California law.
RAS And recycled items plus green waste are not included in the total amount of trash?
JW The formula that the State is using is basically diversion. Anything not going into the landfill
is being diverted and therefore counted as a diversion, and that's the 50% that we must meet.
Green wastes, recycled material, source reduction, anything that doesn't enter the waste
stream now and stays either in recycling or through purchase preference, stays out of the
waste stream, gets us to that 50%.
RAS Thank you.
BAC Any other questions of stag? Mrs. Kopp?
KK Thank you. As I had started off to say, in my hand I have garbage, and this garbage has
been generated by Western Waste. In almost thirty years of living in this city, I have never
witnessed anything like what is going on right now. It's really quite something that a garbage
company is questioning the integrity of the Palm Desert City Council and the staff of Palm
Desert. To insinuate, as they did in this little flyer, the people who work here and...to
insinuate that the people who work here or you, the people that we've elected to r.,r.,.,r�..t
us, are in any manner less than honorable or caring about this city is practically slanderous. •
It's unfortunate that in their information that they sent out, they didn't tell the whole story,
that they left the facts out, and I think they could have put their phone number on this little
flyer they sent also so they could have been called. I think it was a malicious tactic to cause
trouble, it was generated by this waste company, and it was towards the people of Palm
Desert. And I really resent it. I'm sure that the people who responded, and I read the paper
this morning, really didn't respond with the facts. I strongly believe that no matter what you
hear today or two weeks from now, that the loudest voice you will hear will be the silent one,
the silent people of Palm Desert, the majority of people from Palm Desert, who just simply
will not bow to these kind of tactics. I - think the fact that a lot of people did not respond to
this is because they just simply want to tell this company that this isn't the way we do things
in Palm Desert. We just don't do things like this in Palm Desert. And I hope that you tell
them the same thing. Thank you.
BAC Thank you.
WHS Thank you.
BAC We'll just simply take anyone who wishes to comment on these issues in whatever order they
wish. Mr. Cervello.
19
REGULAR PALM DESERT CITY COUNCIL bir e,Ausa MAY it, ow
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
CC Good aft.— , Mayor and Councilmembers. My name is Chuck Cervello, and rm the
Governmental Affairs Manager with Western Waste Industries. I'm sure you understand that
Western Waste in no way intended to start as a press called it a "trash war`. We simply ask
to be able to present to the City of Palm Desert a bid , . �,� . ,.11 to be the vendor for the waste
hauling and the recycling contract here in Palm Desert. To that end, we have received
absolutely no r h.r ion from the staff involved in this matter, and that was in reference to
any letters that we may have written. As I might add, the only staff members I'm referring
to are those that are involved with the trash issue here in Palm Desert and not any other
members because as far as the rest of the staff is concerned, I think they're super. My
colleague, Mr. Lance Jones, will address the specifics of the matter, but I would like to
present to the staff and the Council of Palm Desert the results of the poll that we instituted
to see if indeed the citizens and businesses of Palm Desert really felt that a $15 million
contract should be done on a competitive bid process. I have those available. Now we're
not privy to the number of calls that came in to City Hall as a result of our ad or
the results, but the returns on the mailer that we mailed out and had returned were
astonishing. The yes box on the K , Alive bid, that yes the contract should go out to
..,,r .4 five bid, was 1,286. the no on the . �� .. tive bid was 23. The magnitude of the
results is surely a message or a mandate to the Council that the citizenry of Palm Desert
agree that alternative . arils should be requested. In attempting to become part of the
process, we have directed to the City, the Mayor, the Council, Mr.
Wohlmuth, Lisa Constande, and this folder I have here constitutes the outgoing
correspondence that we have sent. This folder contains the answers that we have . r r r...1.
As you can see, there is nothing there. Our overriding question is this: Is it not staffs
responsibility and duty to bring before you the very best contract for the City, it's residents,
and businesses. All we're asking is to be a process of it, let apples be to apples and oranges
to oranges, allow us to make a r. r .w:l. If we're not the best r . 1, I think the figures
will show, and we'll walk away from here thanking you very much for the process and the
opportunity.
BAC
Mr. Cervello, a couple of questions if I may. You're obviously in another role, and I don't
mean to confuse the roles. You also sit on this side of the desk in a variety of tines in a
neighboring city...
CC I do.
BAC Matter of fact, you even have the same legal counsel.
CC I do.
BAC When legal counsel tells you that in order to fit the obligations of the contract that you need
to meet, confer, and allow the existing franchisee to present a contract before you make a
decision to allow someone else to competitively bid, what would you do with that advice?
CC May I ask your legal counsel a question?
20
•
-17
16AL ti ail.!
REGULAR PALM DESERT CITY COUNCIL lkir.61.tJG _ MAY 11,1995
* • * * * * • * * • * * * * * * * * * * * * * * * * * * * * * * * * * * * *
BAC You're welcome to.
CC Mr. Phillips...
DSP Yes, sir.
CC Can you tell me the wording in that contract that indicates that the negotiations are exclusive
to the existing contract holder, exclusive, and that at the end of the contract that good faith
negotiations are still there, I mean even if they're still negotiating today, is there wording that
says that it is exclusively to bed negotiated with the other company. I can't find it.
DSP May I respond?
BAC You may.
DSP It is the wording that I mentioned before.
CC You never mentioned exclusive.
BAC Allow...you can ask a question but don't give the answer.
DSP It's the words that I mentioned before, that we researched carefully to see what the City's
obligation was. And the words are "working in good faith to extend the franchise
agreement", and the party with whom the City is obligated to work in good faith is the
current franchisee, Waste Management. The way we believe the City should handle this
would be to initially allow staff to work with the franchisee to come up with the best , . , t ...1
that they can and present that to you folks on the 25th, because that's when it's going to
occur. And then at that point, as Mr. Cervello points out, and I wholeheartedly agree, you
are not bound by this language to accept that proposal, but you are bound as I quoted before
in somewhat legalistic ways...it's legalistic because I got it out of a case, what a judge wrote,
"a serious attempt to resolve differences and reach common agreement", and the way we
think, the way we recommend you do that, is by as I mentioned work at least initially with
your current franchisee and thereby fulfill your obligation to work in good faith. That does
not bind you, though, as Mr. Cervello points out, to ultimately award a franchise contract to
the current franchisee, and I want to be very clear about that.
BAC That's fine, and Mr. Cervello, perhaps your empty folder might well reflect the fact that you
have verbally received that comment from this Council at each time that you've come forward
with a request to say that when a final Y , .061 is there, you then have the right at that time
to obviously disagree with the merits of that �� 1 and to make whatever suggestions you
think are , � . , ,, , .ate in terms of an alternate that we should pursue. But to accuse our staff
of not doing something that ought to be done is to accuse our staff of not following their
Council's advice, not following legal counsel's advice, and not doing the kinds of things that
21
MINUTES
REGULAR PALM iir sr' T CITY COUNCIL 14ir.�auTG
MAY 11,1995
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 s s
in the role of a city are proper. Your question will be answered when it is the appropriate
time to do that, sir.
CC In other words, what you are saying, Mr. Crites, Mayor Crites, is that not even an answer
back in writing indicating what the attorney said or what you said was even necessary.
BAC We've said it to you right here with you standing there I think in darn good listening distance
and you've gone yeah I hear you, you don't agree with me and that's fine enough, but to
pretend to other people that this city has never responded to you is, to be charitable, an unjust
comment.
CC Sir, I asked for a response in writing, and I did not get it. And that was my point. And my
major...the point that we were trying to make and in fact we wanted to know, you know
maybe ,, we're on the wrong track, maybe the people of Patin Desert don't care
whether it's a ,.:Jive bid or not, but we would like to know because when you do an
RFP or a Request for Proposal, it costs a lot of money. It doesn't, you know I mean you
don't just sit down at a typewriter and whip something out and hand it to you. There's a lot
of research, and all we intend, all we want, is to be part of the bid process as you just on
your consent item approved a request to go out to bid on items that surely don't even reach
the magnitude of a $ 15 million five-year contract. That's all I have to say. Thank you.
BAC Any other questions? I have one other one, just curiosity then. Western Waste's . . , r Oe
philosophy, then, if I'm interpreting it correctly, would be then to not accept contracts that
carried wording of negotiating in good faith. Is that correct?
CC I don't believe that's in any of our contracts.
BAC It wouldn't be in the one that you just signed with Palm Desert Water Agency...
CC I didn't...
BAC ...that I have in my hand...
CC ...I didn't do that one. I don't know if it's in there or not.
BAC ...that reads exactly the same way as this is.
CC I don't know if it says that or not.
(applause)
CC If I may, if I may...the City dictates what goes in those contracts, or the Agency does, not
us.
22
MJNuLiu"
REGULAR PALM lit.,Aser CITY COUNCIL Aar a.ivav MAY 11, 1995
:.....................................
BAC rm just curious if you went out and made the good fight with them that they shouldn't allow
you to have a contract that gives you the right to have good faith negotiations.
CC I didn't negotiate that contract, so I don't know.
BAC Okay. You can understand how one might get the r Con that...
CC I can certainly understand that.
BAC ...when you're on one side this contract is a great deal, but when you're on the other side
it is filled with all things, and I would certainly hope that when you went to negotiate that
contract with Palm Desert Water Agency, who by the way did not go out to Browning Ferris,
did not go out to Palm Springs Disposal, did not go out to a number of other agencies, that
you sent out to the local residents there this kind of thing so that you could educate that board
as to doing things properly, and that this is not a matter just simply of trying to leverage a
concept in order to achieve a particular end but is something about which you're
philosophically consistent.
CC We're consistent in the fact that we think that municipal bids should go out for bid, and I
don't think you have ever heard us say anything different than that.
JB Mr. Mayor, may I clarify your point, because I did negotiate that contract. Jim Brockman,
Western Waste Industries. That particular contract was written by the District and presented
to both us and Waste Management for our AT,. , . Ad or denial, and that's how we got that
contract. It was not...they wrote the contract itself.
BAC And you objected, of course, vociferously to this part of it.
JB No, sir, and I don't, you know, think that's even fair on your part. The contract that was
gotten by us and Palm Desert Water District has been a bone of contention since April, okay,
and that was presented to both of our companies in that fashion to accept or deny. We
accepted it, they did not. That's why we (unclear) the contract. In getting back to this
mailer that we put out. I had no idea which -way this thing was going to go with the-..sponse
on whether we were going to have any. We had nothing but apathy on the last ten meetings
we've had since 1990, and you can count on one hand how many people showed up for this.
It was a crap shoot on our part on whether we were going to get responses back, and number
two what were they going to be, and if there was no interest in the community, then there's
no interest on this side either.
BAC Mr. Brockman, I ask just one thing, because I teach critical thinking across the street, and
one of the things we teach is how to word questionnaires in order to achieve responses. And
if you worded the questionnaire such as "should the City of Palm Desert fulfill its existing
contract obligations", you'd get of course a big yes. "Should we be on the side of goodness
and justice" you'd get a big yes; "Should we have competitive bidding" you'd get a big yes.
23
REGULAR PALM DESERT CITY COUNCIL bvr a.w G MAY 11,1995
• • • • • • • • • • • • • • • • • • * • • • • • • • • • • • • • • • • • • •
It's a normal thing that we believe in. The basic issue is, should we get the best possible
contract, and when we come in on the 25th we're going to look at it. Let's put it this way.
I suspect if you and I sat down, we could achieve some questions that might show some
balance that aren't in these. I suspect a crap shoot is not exactly that.
JB Part of that mailer was for the City's information also, whether there was interest in our
green waste or whether there was interest by the citizens in the automated system. I really
don't think that was proper, Mr. Mayor, but let's get back to the point. You fell short on
Mr. Cervello's question. On May 25th will we have the opportunity to get into the
negotiation process should you...is the 25th going to be an acceptance of the contract or are
you then going to open it up to competitive bidding? And that's where we fell kind of short
on your answer.
BAC On May the 25th we will look at the contract, we will . the x : , �� ��., J contract with
our existing contract, we will , .. r the 1. J contract with contracts that other waste
haulers in this valley have with other communities, and obviously you have contracts with
other communities, we will _ ., them, we will look to see whether or not the things that
people have asked for in terms of rate reductions and so on are there or not there, listen to
citizens, and try to make the best judgment as to whether or not number one, this contract
with this hauler meets the needs of the citizens of Palm Desert or number two, whether it
does not and we should then seek other options.
JB So, just so I'm clear on the issue. If you think that that contract is the best and you vote on
taking it without looking at what we can offer the City, each city has its own unique
requirements, each city is bid upon individually, and you're still falling short of telling me
whether you will accept a proposal from us after the 25th.
BAC I haven't seen it.
JB Would you like to? I'd love to...
BAC I haven't seen the proposal that's coming to us on the 25th.
JB I understand that.
BAC And when I see it, I'll make an independent vote, as will four other people. And you're
going to...I suspect...I'll be darned that you won't be out of town, you'll be right here and
will participate in that discussion.
JB It still falls short on whether you will accept r , , � ...MIS to look at before you make your final
judgment. That's my question.
BAC I can't make that decision.
24
MXNUTE S
REGULAR PALM „ram r CITY COUNCIL 14 iii G MAY 11,1995
• * • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
JB I don't want to belabor the point. You're evading the point, Mr. Mayor. Will you accept
a proposal or look at other r.. -As before you make your final judgment on the 25th?
That's my question.
BAC Mr. Brockman.
JB Yes, sir.
BAC Our existing thing says we'll negotiate in good faith and take a look at that r,-NIL When
we do that, we'll make the other decision, as by the way occurs in an enormous number of
the cities that are serviced by Western Waste.
JB Thank you, sir. Is there any other question of me while I'm up here? Thank you, sir.
LJ Good aft Mayor Crites, members of the Council. My name is Lance Jones, and I
also Western Waste Industries. What I have to say, I'd like to direct a little bit
more of our attention back to the history of how we have gotten to this point in the hopes that
it might shed a little bit of light on where we go from now. I'll try to do this very briefly,
in fact what Council has had to say has been very illuminating, and I'll think we'll be able
to curtail a number of the remarks I was otherwise going to male There is no question as
we look back at the minutes in February of 1990 exactly what this City Council did. City
Council, by minute vote, voted 4-1, with Councilmember Benson in the dissent, to accept
staffs recommendation to enter into a five-year franchise agreement with a five-year option
with Waste Management of the Desert for solid waste collection services and recycling
services. Five-year contract, five-year option. But what is particularly important to me as
I was researching your minutes and also researching staffs interoffice memorandum, is I
came across a staff recommendation from then Environmental Conservation Manager John
Wohlmuth that I think added tremendously to an understanding of what Council was actually
doing back in February of 1990. And if I may, Mayor, I'd like to quote very briefly from
that staff report dated September 14, 1989. What's interesting is that of course we were
confused in the last few days by some statements made by one staff member to the Desert
Sun and also Channel 10 indicating that what you really had here was a ten-year contract with
Waste Management that didn't expire until -the year 2000. I trust counsel has put a rest to
that misstatement. In fact, in Mr. Wohlmuth's staff report, thatrequest by Waste
Management to secure a ten-year contract with the City was rejected out of hand. At the
conclusion of the staff report, and I think the language here is particularly poignant as again
it elates to some of the legalese that counsel was sharing with us, raids as follows, and I
quote: 'The five-year franchise with a five-year option is a franchise agreement that can be
extended for an additional five years at the discretion of the City Council.' And if I read that
correctly, what I understand is that at the conclusion of the good faith negotiations, as it has
now been pronounced upon by City Council and the City Attorney, it comes back to this
honorable body, and this honorable body is not conformed or constrained to simply approve
or rubber stamp a good faith negotiation by staff and Waste Management but in its sole
discretion, and I'm glad Mr. Mayor that you accentuated on that, in its sole discretion will
25
MIIIuar.! r.
REGULAR PALM DESERT CITY COUNCIL 14aiaaiiG MAY 11, 1993
s u s s** s* s s s s* s* s* s s*** s* s s s s s s* s* s s s s s
determine whether the people, the businesses, and the residents of this community are being
fairly Nerved by the best possible project, by the best possible package, at the most
£ ive prices available.
Back on February 23 of 1995, you granted me very courteously the opportunity to talk to you
about Western Waste, and I'm not going to labor with you again a number of those points
other than to say that we were very proud to be able. to point out to you that we have
pioneered in a number of .. .L far beyond those of the trash giants, Waste Management,
and BFI. Our efforts in green waste, green waste recycling r l Y r. ► I Irg and marketing, I think
have been heralded and touted in the community, not only in the community but in the State.
When we talk about 50% diversion by the year 2000 as John Wohlmuth has talked about, you
don't want blueprints, you don't want to take the chances of a S10,000 per day fine because
these diversion goals are not being reached. • You want to go with people that have a
demonstrated expertise in that area, and I think during that presentation you allowed me to
point out the facilities, the people, the services that had been ongoing at Western Waste that
had demonstrated our ability over the last nine years to divert from area landfills in Southern
California over 1.9 million tons of wood and green waste, just the sort of diversion program
that this city can very comfortably rely upon to reach its AB939 mandated goals. And so
confident were we of those facilities, of those services, and the people that we have operating
those programs, that we offered then and we offer again and hopefully after May 25th we
offer again that we will fully AB939 indemnify this city against any possible fines. At the
conclusion of our presentation, and this part of my presentation may have to be modified
somewhat in terms of what Councilman Kelly has just indicated is going to be happening at
your next Council meeting, but at least we understood and we relied upon and we did a
number of things in reliance on the minute motion that was presented to us as the arr,,..
minutes of the February 23, 1995, Council meeting. We have before us, and I just read
briefly again into the record, Councilman Kelly moved among other things to direct staff, and
I quote, "...to come back with a position paper outlining the r. .l..,.w.ls from other waste
haulers." Of course, we have not had the benefit of a transcript, Councilman Kelly, and we
would like to also take a look at that at your convenience, at staffs convenience. What you
have to understand is we tried to determine where we go from here, please understand why
Western has done certain things, and we have done certain things based upon things in black
and white that have been presented to us. --As a result of that, and in good faith reliance on
it, we asked to meet with Lisa Constande to outline a �;. mil, and that request .,.,...rand
within a couple of weeks after that February 23rd Council meeting. And that outcome was
very disappointing. It was very disappointing because we were not asked to present a
.,d1, we were not even asked to outline a proposal, we were not asked to amplify in any
of our services any of the facilities that I thought I was sharing in great detail with you that
evening. We felt very stonewalled. We felt that a door that had been cracked open by this
Council on February 23rd was slammed in our face. And this we believe was totally contrary
to the letter and spirit of the Council action, and it was that Council action that again our
actions were relied upon. We were surprised when we opened up the May 1st edition of the
Desert Sun, and we read a statement again based upon the minutes as were presented to us,
wherein Lisa made the comment "We were never instructed to obtain other ,, . , , 6. 1s from
26
MII�ui� Ga
REGULAR PALM DESERT CITY COUNCIL 141 .11i+IG MAY 11, 199S
* * • * • • * • • • • • • • • * • * • • * * • * • • • • * • • • * • • * • •
other haulers', she said. But ooe of the comments that did distress us was the next quote
from Ms. Con:tinde, quote "When trash contracts come up, there is fierce r . , .. rtitiom
between haulers. Things are more fierce because waste disposal is becoming a tight and
competitive business, she said,' unquote. Ladies and gentlemen of the Council, unless I am
missing something here, is this not what it's all about? Because in fierce r L..r .Atwn, we
hope that the benefactors, the beneficiaries will simply be the people, the residents, the
businesses, anybody out here who lives in Palm Desert who's paying a trash bill, and again
I understand, Mayor, that this is a little bit premature, and I don't want to get into exactly
what you're getting into prior to May 25th. Let me conclude. Mr. Cezvello raised the issue
of not getting response to some of the letters that we sent in. And again, you have to
understand that we were operating on the premise that staff had been directed to get an
outline of , . is from other waste haulers. And so when we sent letters to Council and
to staff requesting that meetings be set up so that we could get the vital data, the statistics,
the demographics m order to preps, , r a comprebaiave waste management proposal
to you, we felt stonewalled when not only did those meetings not occur but no letters came
back, letters that could very simply have said it is our and decided opinion as
reflected by Council that we can't do this with you. Even that, Mr. Mayor, would have been
a great addition and it probably would have stopped a lot of things that unfortunately
happened.
BAC As a matter of fact, let me just do something for you. I apologize to you for not doing that
in written form. I did that in person with two of the gentlemen who are seated right by you.
I apologize for not having followed that up in written form.
IJ Thank you, sir. Thank you. In any event, again, so you will understand where we are
today, we felt very blocked by staff, we felt unable to communicate in dialog completely with
Council to better understand exactly where you were. And at that point, at that point, we
made the conscious choice that we were going to speak to the residents, the businesses, and
the people of Palm Desert via the newspaper and via mailers. The good faith provisions that
we have talked about now I think have been very, very adequately laid to rest, and I
understand those things as Council has pointed out correctly now, and I appreciate that
amplification. I want to say this, that we do feel and we have always been looking for some
type of a definitive time limit that would be placed upon these so-called good faith
negotiations. Let nobody be misunderstood about one thing. These negotiations, good faith
negotiations, between Waste Management and between City staff, started in September of
1994. The contract expired March 1 of 1995. The purpose of the good faith negotiations
were to start that process 120 days before the expiration of the contract with the idea that
there would be an automatic renewal or you would be going out to bid or you would be doing
something else so that there would not be a lapse in contract service. And all we were trying
to do during this entire process is get a definitive answer on what the Council's feeling was,
what staffs feeling was, what counsel's feeling was on that limit. We feel very strongly
about one thing, and that is this, that yes there was not any exclusivity written into there, and
we still feel that that has merit, that there was not a requirement to negotiate in good faith
exclusively with Waste Management. And finally, and most importantly, there was not the
27
MINUTES
REGULAR PALM Dr•it i CITY COUNCIL b 4e-Li IG MAY 11,1995
••• a s s• s•• s s•• s• s s s s• s s• s•• s s• s•••• s s•
requirement, there was the requirement that once a document came back, there seems to be
a feeling that we have sensed that just because a good faith negotiated contract comes back
to you, that there is some sort of a legal foregone conclusion you have to adopt it. I think
that's been laid to rest, and that we trust that as you look at it and you examine it, you will
see the opportunities to receive other .� .4 �� .,.,. particularly again for a 515
million five-year contract deserves at least the benefit of other haulers, Western Waste
particularly, being able to respond to the situation as it uniquely pertains to the City of Palm
Desert. • In conclusion, and I sense the raised eyebrows, in conclusion, the general
proposition I don't think anybody disagrees with —the award of government contracts should
be by I..aq, .C.tive bid as the general rule. And although there may have been a provision to
in somehow, some way, shape, or form, enter into some good faith negotiations for the
hauler that has already has this contract consistently since 1985, may be , ,, : � : ,;ate, but
please open up the process after May 25th. You will never know by merely going out to
other cities that may have very distinct needs, very different needs, very different
combinations of business versus residents, you will never fully appreciate what. Western
Waste can do for this city unless it is given the �; .mity to competitively bid. That is all
we've ever asked, that is what we are asking here again. And I close with this statement by
now Supervisor Roy Wilson back in 1989, when this contract was again just rolled over to
Waste Management. Roy Wilson shared his profound and said, "This contract was
not opened for other companies to bid on." Councilman Wilson concluded by observing the
Council required a "basis of comparison that the City was getting the best deal it could for
its constituents". If we have stirred up the waters a little bit, and we have rattled some cages,
and we have rankled some feathers, we apologize. We are sorry. That is not the intent. But
in this country, in this day and age, if this company, Western Waste Industries of Torrance,
California, a company 1/100th the size of Mr. Lavender's megamonolithic S10 billion a year
Waste Management of North America, if they're afraid of us, the only thing they have to
fear, and I hate to use this cliche, is fear itself. And all they have to fear is somebody
coming up with a better package of �..,�► �.�ls better services, at more competitive prices.
Please give us that opportunity after May 25th, please don't just let this be a staff report,
please don't let this just be a telephone comparison with other cities, because most of the
other cities in this entire valley are all controlled by Waste Management. Give us the
opportunity to present a proposal to you and I can assure you that you, the people, the
residents, the taxpayers, will be pleased..with a tax -saving package, a package of better
services. Thank you.
RAS Could we ask some questions?
LJ Yes, please.
RAS I have just a couple, and maybe they're not fair questions. If they aren't, don't answer them.
LI No, no, I'll do my best, sir.
28
MTh v ai r
REGULAR PALM ar..ir4Lr CITY COUNCIL 141r.r.aawiv MAY 11,1995
• • • • • • • • • s • • • • • s • • • • • • • • • • • • • • s • • • • • • •
RAS As you indicated earlier, you're well aware that 50% reduction that has to be made by all
cities in California.
LT By the year 2000.
RAS By the year 2000.
LJ Yes, sir.
RAS And yet you went out and negotiated in good faith with Palm Desert Water District and
eliminated picking up any recyclables. I don't comprehend how the two mesh.
LJ First of all, I'm going to defer to our division manager, Jim Brockman, I was not a part of
those negotiations and I think he can respond to them a lot more accurately.
JB As I said before on the Palm Desert Water District contract, the District was given a free
curbside recycling r., by Waste Management in 1999, that was the City of Palm
Desert's pilot k , , , e,.d.in at that time. It was the District's understanding from the Integrated
Waste Management Board that the City of Palm Desert had the responsibility for meeting
AB939 requirements for the District That's something that I hope is being addressed the
Council and the Board...
RAS I think it has been by our lawyers to their Board.
JB ...but P m not... that's something that the elected bodies are going to take care of.
RAS But you felt no responsibility to pick up recyclables.
JB Absolutely we did, sir. And when we were allowed to put our program, we did, and we did
it overnight. We were ready, we were willing, the Board saw that the people should not be
the ones penalized for whatever disagreement the two agencies had, that they allowed us to
go in and do it. On Monday they told me I could, on Tuesday morning we had all our stuff
started out there, and we've been putting out -or picking up recyclables ever since. We have
had just as much success in our program because the forerunner of this was very good.
Okay? The lack of recycling I think was something that just happened that shouldn't have.
I think if the communication would have been better between the two agencies this could have
been avoided. When they gave us the opportunity to do it and the order to do it, we went
out and we've done it, and that's in place.
RAS Okay, my neat question, and again maybe this isn't a fair question. The major city that you
are currently collecting trash for is Coachella, is that correct?
JB That's correct, sir.
29
MINUTES
REGULAR PALM DESERT CITY COUNCIL /12e. e,ii►iv MAY 11,1995
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 s s
RAS And the rates of the homeowners are S11.15 a month?
JB That's correct, sir.
RAS Okay, thank you.
JB There is an explanation. Some cities will use trash as another revenue. Out of that $11.15,
90 cents of that goes directly back to the City.
RAS Excuse me, how much?
JB 90 cents of that goes directly back to the City, and then on top of that they get an additional
six percent. That was a decision made by the City Council and there was negotiations
regarding that. There were other things that were given up for it, they made the best deal,
and we're • continuing with our contract down there.
RAS You pick up recyclables in Coachella
JB Yes, sir.
RAS At every home?
JB Yes, sir.
RAS Green waste?
JB No green waste, sir. We're saving that for you. Is there any other questions? Thank you.
BAC Are there others in the audience this afternoon who'd like to make comments on this matter?
Yes, sir, come on up and help yourself.
LW My name is Lowell Weeks. I live at 74-430 Covered Wagon in the great city of Palm
Desert. Just to start my remarks, I'd like to say I'm one of the few that still live in Palm
Desert that had the opportunity of signing the petition to in�.,.r.,.e.te Palm Desert. I can also
look at four of you up there and say that I voted for four of you that are on the Council. But
I hope the time never comes that I have to agree with everything that you say or everything
that your staff members say because I've disagreed with them at times during my working
career and since I've retired. So I'd like to set that...if you have my blue card, you'll notice
that I put a question mark on whether I was for or against because I'm not for either one.
I don't care who serves the area. But what I'm really int...,.4,,3 in, Council, and I'm glad
Mr. Phillips explained it a little more, even though I think I hear a little hesitancy. In my
36 years in government, we were required to go to bid for everything except for engineering
services. And we found out by bidding, sometime we might not get the best job, so we
tighten up our specifications so that we did get the best job. I don't care which one of these
30
MINvi
REGULAR PALM DESERT CITY COUNCIL 14,zr. A u+iv MAY 11,1995
* • • * • • • • • • • • • • • • • • • • • • * • • • • • • * • • • • • • • •
companies pick up my waste. I want the one that's going to charge me less, and over the last
few years my charges have been going up every year. I know nothing about any letters, I
didn't see any letters, the only thing I saw was the article in the paper where the staff was
said to negotiate. That, from my background, that was a red flag something's wrong to
negotiate, it's got to come out to an open bid: And all I want you to do is get for me the
cheapest rate with the best service. Thank you.
(applause)
BAC Are there others who wish to offer comment? Yes, ma'am.
Lady Mr. Mayor and members of the Council. I own a commercial building in Palm Desert and
the two shops, my two tenants do not operate year round. So we are required to pay S200
a month for trash pickup for the vacant business and for the business that's closed in the
summer. I thought this was America. We give everybody a chance. If somebody can do
a better job, give them a chance. That's all I have to say.
BAC Are there others who wish to offer comments?
?? I have a comment at the end...
BAC Then we will have an end comment, and then we'll have a motion.
RAS We have somebody else who wants to...
BAC Oh, I'm sorry. My apologies.
DF Hi, my name is Dianne Funk. I live at 72-755 Pitahaya in Palm Desert. As a Palm Desert
resident since 1976, I would like to take this opportunity to speak on behalf of Waste
Management of the Desert and the quality services I have received and have observed
throughout the community. Over this 19 year period, I have been very pleased with their
professional business manner in areas involving not only my personal life but in various
business experiences as well. Waste Management is both progressive and aggressive. I am
particularly proud to be part of the first Coachella Valley curbside recycling , , , . r,...m which
is available to me free of charge. This r, .� m has elevated recycling awareness within my
family and to our visitors as well. We have become dedicated to being alert in recycling
opportunities wherever we go. Even with this additional recycling r :. „ ,�d m, Waste
Management rates have remained low. Rates have been consistently lower and quality of
service superior to that offered by the competition. Waste Management provides recycling
free of charge while Western Waste charges customers for this service and provides fewer
bins. Waste Management on the other hand is looking forward to adding additional
opportunities added to their program such as aerosol, junk mail, and green waste recycling.
Waste Management was anxious to work with me six years ago at the Joslyn Senior Center,
donating extra recycling bins and services for the convenience of many seniors throughout
31
REGULAR PALM iitAt w.T CITY COUNCIL 14,r e.,YIllv MAY 11, 1995
• • $ • • • s • • • • • • • • s • • s s s s s s • s • s $ s • s • s s • s s
the Valley who did not have recycling opportunities in their areas. I know Waste
Management has worked with other businesses to provide for particular service needs such
as white paper disposaL Through community involvement and public information programs,
Waste Management has been successful in their outreach and have educated school students,
residents, visitors, and businesses alike. Waste Management is currently at midpoint in their
contract and are negotiating in good faith to evaluate how to serve us even better.
Personally, I don't want my services to remain the same; I want them improved. I would
be disappointed tremendously to be in the situation which was just experienced by residents
of the Water Service District — more money for less service. We need to move forward, and
Waste Management has the vision and the commitment to do so. Thank you.
BAC Thank you.
(applause)
BS My name is Bill Smith. I live at 46-039 Verba Santa Drive, Palm Desert.. I wasn't going
to speak until Dianne Funk spoke so eloquently on behalf of Waste Management. I think the
other...I'd like to give equal opportunity. I'm like the gentleman in the pink shirt that spoke
a moment ago. I have no earthly idea which company is the most qualified to r...Jorm the
services. Waste management has done an excellent job in my neighborhood. I have no
problem with them. I think somewhere in this morass is a principle, and the principle is that
I have great confidence in you five people to negotiate the very best possible contract. Not
to put too fine a point on, Mr. Phillips, your point, I have somewhat difficulty understanding
the logic of this. If you negotiate in good faith, which I understand that because Waste
Management has obviously has an enormous investment here, and just to cut the rug out from
under them without giving an opportunity to participate in good faith negotiations, I certainly
understand that. But what I don't understand is that point where you have negotiated in good
faith and you have a contract that you're about to affix your signature to, how can you
compare that when you have nothing to compare? When I was with at the Federal level, we
looked at contracts all the time and grants, and we always had something to ., Now,
I would hope that the Council would entertain five, six, seven, if there were such reliable
organizations around that could produce a r ,. r �1 that you distinguished people could look
at and assess and decide which was the bear I have great faith that you will be able to do
that. My...the only principle, but it's a principle that I hold dear, that we ought to be able
to open it up for competition and that you folks have an opportunity to evaluate all proposals
that might come forth, certainly after you have given Waste Management the first . j e d
to state their best case. At that time, it seems to me that you ought to have in the winp
another proposal or other , r Jas which you might ,, that. And I would urge you
to do that, nothing more than that. Thank you very much.
BAC Thank you.
(applause)
32
REGULAR PALM DESERT CITY COUNCIL lb r e.limv MAY 11,1995
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
WG Mr. Mayor, Cow cilmembers, I'm William Gordon and I live at 73-330 Broken Arrow Trail.
I am also a plankholder here, I voted for the City. I just feel it's only fair that this is put out
to bid. Thank you very much.
BAC Thank you.
(applause)
ER Greetings, Council, my name is Ethel Richardson. I live at 455 Desert Falls Drive North.
I've just been an observer here, and I like what I see. But just to keep yourselves squeaky
clean, I think it would be wise to open the bid. Otherwise, there's a small fragrance of
collusion that people might,'they might entertain, and you don't want that. So, therefore,
open it up as a good American should. Thank you, gentlemen.
BAC Thank you.
(applause)
BAC Is there anyone else who wishes to offer comment? If not, Mr. Phillips, you wish to make
a comment.
DSP Yes, the only thing I would add is that some more law, if I could, and it's the Public
Resources Code, and here's the sections - 40059(a), and here's what it says, and it's not that
long. It says that the City, the City of Palm Desert, has complete authority to determine
virtually all local aspects of solid waste handling, including, and here's the quote from the
statute "whether or not the services are to be provided by means of non-exclusive franchise,
contract, license, permit or otherwise, either with or without competitive bidding or if, in the
opinion of its governing body, and that would be the City Council, the public health, safety,
and wellbeing so require by partially or wholly -exclusive franchise, contract, lioanse, permit
or otherwise, either with or without competitive bidding." So subject to the requirement as
I've discussed before of negotiating in good faith, really the playing field is wide open for
this Council to decide what it wishes to do. Wanted you to know that.
•
BAC Thank you. Ms. Benson.
]MB Yes, I would just like to comment that this is not a new battle between Western Waste trying
to put in a competitive bid in the City of Palm Desert. As the gentleman read from the '89
minutes, Councilman Wilson and myself both asked that it be put out for competitive bid,
then we were given all kinds of logic as to why we couldn't do that, but at the end of the '89,
the assurance we got from staff and not...and Lisa Constande was not here then...was,
certainly when it comes around next time we will look at putting it out for competitive bid.
This time when I asked why it wasn't going out for . „t'.tive bid, and not that I have any
objection to Waste Management, I've told them and their staff I think they've done a fine job,
but I do think it behooves the City Council to look at „ t .five bids, I think we do it in
33
Mel Lsi�..i
REGULAR PALM DESERT CITY COUNCIL 160.a,Y.u+v MAY 11,1995
• • • • • • • * * • • • • • • • • • s • • • • * • • • • • • • • • • • • • •
everything that we do in this city, I don't think Waste Management is any different, I don't
think it's a question of the Council's integrity by giving it to one, we've had this happen in
the City with mailers going out before on ballfields, should we have ballfields, should the
City participate, all the yes questions, everybody loaded the Council chamber to get it. So,
in defense of sending out a mailer, they do the same thing all the way around. And we don't
believe in that, but that's the American way to do it, st x 1 „ 0.11y to get your people out to the
meetings. But this has been going on for years, and I probably stand alone now in this
respect, but I still think that it needs to be a competitive bid, and the best man wins.
(applause)
BAC Anyone else wish to comment? If not, a motion to take this matter over...
DF I have a question. May I ask from my seat?
BAC Well, yes, go ahead.
DF I'll come up...
BAC No, you can ask from your seat. I'll repeat it into the record.
DF When...
BAC Dianne Funk, whatever the address was earlier.
DF When it's up for competitive bid, does the bid from Waste Management become public
information and does Western Waste have the.ability to see them or (unclear).
BAC There is that issue that if the issue becomes a matter of competitive bid after one company
has submitted a bid, the company that has submitted the bid has submitted a public bid and
the others would then have the either advantage or disadvantage of looking at that bid. Is
that...
DSP
BAC Yes.
You want the answer?
DSP I'll give it to you the next meeting. It is a difficult question, Mr. Mayor, and I'm not going
to give you an off-the-cuff answer unless you want to give me about 15 or 20 minutes now
to go to an law library and check it and come back.
BAC No, it's worth more money than that...
DSP All right.
34
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING - MAY 11,1995
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
BAC We need an acpensive answer.
DSP Very well. I'll have it for you at the next meeting.
BAC That question then is in the record. Okay? . •
RAS I move to continue until May 25th.
BAC Okay.
RSK Second.
BAC Moved to continue until May the 25th. There's a motion and a second. Please cast a ballot.
MPF The motion caries by unanimous vote.
BAC Okay, and we will take a five-minute recess for those people who wish to depart and for the
other people who have business, stand and stretch.
XII. OLD BUSINESS
A. JEOUEST FOR CONSIDERATION OF FRED WARING DRIVE MEDIAN ISLAND.
Mayor Crites noted the staff recommendation to continue this matter.
Councilman Spiegel moved to continue this matter to the meeting of June 8, 1995, to allow staff
to secure input from the City of Indian Wells regarding this matter. Motion was seconded by Kelly and
carried by unanimous vote.
B. JEOUEST FOR CONSIDERATION OF TRAFFIC SIGNAL AT COUNTRY CLUB DRIVE
AND RESORTER BLVD.
Mr. Mark Greenwood, Transportation Engineer, reviewed the staff report, noting that a
traffic signal at this location did meet warrants and would be , r , .'ately spaced with other
signals on Country Club to provide adequate progression of traffic on Country Club Drive.
He said costs for the design/construction, energy and maintenance of a traffic signal at this
location should be shared, with the Palm Desert Resort Country Club paying one-third.
MS. MARJORIE HARLAN, 41-946 Preston, President of the Palm Desert Resort Country
Club Homeowners Association, said the Association was willing to help by paying its fair
share.
35
MO• V
REGULAR PALM DESERT CITY COUNCII. Mii.e.au+v
MAY 11,1995
s • • • s s • • • • • • • • • s • • s • • • • • s • • • • • • • • • • • • •
Councilman Snyder moved to, by Minute Motion, appros the request for installation of a traffic
signal at Country Club Drive and Resorter Blvd. as outlined in the staff report of May 11, 1995, with the
Palm Desert Resorter Homeowners' Association to pay one-third the cost of the signal. Motion was
seconded by Spiegel and carried by unanimous vote. (Mr. Folkers noted that this would be included in the
Capital Improvements Projects budget for the next fiscal year).
C. REQUEST FOR emir-KMINATION OF PUBLIC CONVENIENCE AND NECESSITY AS
IT RELATES TO NEW ALCOHOLIC BEVERAGE CONTROL REGULATIONS.
Mayor Crites noted the report in the packets.
Councilman Spiegel moved to: 1) Waive further reading and adopt Resolution No. 21.42
establishing the criteria for determination of public convenience and necessity as it relates to California
Business Professions Code Section 23958.4 and issuance of certain licenses by the Department of Alcoholic
Beverages; 2) waive further reading and adopt Resolution No. 95-43 authorizing the Assistant City
Manager/Director of Community Development to determine if the public convenience or necessity would
be served by the issuance of certain licenses by . the California State Department of Alcoholic Beverage
Control. Motion was seconded by Kelly and carried by unanimous vote.
XIII. REPORTS AND REMARKS
A. CITY MANAGER
1. Consideration of Request from Susan Benay Fine Arts Studio for Approval of the Use
of Klieg Lights.
Councilman Kelly moved to add this item to the Agenda as one which came up after the Agenda
was posted. Motion was seconded by Spiegel and carried by unanimous vote.
Mr. Diaz reviewed the staff report, noting that this request was for the use of Klieg
lights for a fund raiser on from 7:00 p.m. to 10:00 p.m. May 20th to benefit the
Shelter from the Storm. He said staff believed the request was consistent with City
policy related to the use of _Klieg lights for special charity fund raisers and
recommended approval.
Councilman Spiegel moved to, by Minute Motion, approve the request. Motion was seconded by
Kelly and carried by unanimous vote.
2. Mr. Folkeers stated that at the current time the City had two grants put in for SB300
funds. One had to do with work at the Country Club and Monterey intersection, and
the other dealt with the corner of San Pablo and Fred Waring Drive. He said at the
present time staff was working very feverishly to get all the necessary things done so
that it could be done prior to the end of the fiscal year because if it was not out to bid
and brought back to the Council for ,61 by the end of that time, we will lose
36
MINUTES
a�.
Rrw:ui.AR PALM DESERT CITY COUNCII.1b, .YidG MAY 11,1995
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
those grants. He said staff might be bringing some things back to Council for
appro..11.
B. CITY ATTORNEY
Mr. Phillips requested a Closed Session at the appsopriar. - time to discuss the following:
1) Public Employee Performance Evaluation pursuant to Section 54957
Title of Position: City Manager
2) Security of Public Services or Facilities
Consultation with: Sheriff's Department and Building Department
Mr. Phillips asked that the Council add to its Closed Session the following item:
Conference with Real Property Negotiator pursuant to Section 54956.8:
Property: Lot 17, Bk 5, PD Map/Book 21, pg 50-54; So. 90' of Lot 16, Bk 5,
PD Map/Book 21, pg 50-54, APN Nos. 627-222-044; 627-222-043
(no.)
Negotiating Parties:
Agency: Carlos L. Ortega, Palm Desert Redevelopment Agency, and Richard
J. Folkers, City of Palm Desert
wif Owner. Ron Odekirk
Under potential negotiation: Price . Terms of payment
Member Spiegel moved to add this item to the Agenda for discussion in Closed Session. Motion
was seconded by Kelly and carried by unanimous vote.
C. CITY CLERK
None
37
MINUTES
REGULAR PALM DESERT CITY COUNCIL 14ir..zi L G MAY 11,1995
• • • • * • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
D. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action;
1. Emma for the Creation of a Tax -Free Public Art Foundation (Councilman
Robert Spiegel).
Councilman Spiegel suggested that the City create a non-profit tax-free public
art foundation to encourage participation of individuals living in the community
to purchase Rose Garden bricks and possible acceptable donations of fine art
to the City by local citizens. He said right now if people give money to the
City for bricks, there is no tax write-off.
Councilman Kelly said he felt this was a great idea. He said one of the main
objectives when the Art -In -Public -Places program was set up was to encourage
people to donate art.
Councilman Kelly moved to, by Minute Motion, direct staff to begin putting this together. Motion
died for lack of a second.
Councilmember Benson asked whether this would need to go to the Civic Arts
Committee for review.
Councilman Spiegel responded that this Committee really did not have
anything to do with sale of the bricks.
Mr. Phillips stated that if Council wants to do is create a tax-free corporation,
a 501C3, it will have to file an appropriate application.
Councilman Kelly stated that Council could, if it wants to be real diplomatic,
ask the Civic Arts Committee if it wishes to do this and if so Council would
be happy for that committee to put it together.
Councilman Kelly moved to, by Minute Motion, refer this matter to the Civic Arts Committee for
report and recommendation. Motion was seconded by Benson and carried by a 4-0-1 vote, with Mayor
Crites ABSENT.
o City Council Committee Reports:
1. Councilman Kelly stated that because of his assignment on the Riverside
County Transportation Commission, he was asked to sit on a committee that
appropriates funds for Riverside County for streets and roads projects. He
said he found himself today sitting in Riverside selecting projects in a .4...
38
MINUTES
REGULAR PALM DFSER i CITY COUNCIL MEETING - MAY 11, 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 e s s s s s s s s s
Riverside County that would receive money. He said he felt this was a very
important committee.
2. Mayor Crites noted that with regard to a tax-free corporation, there is an
existing 501C3 called Artscope that we have never really used. He suggested
that we look at potential use of that.
Upon question by Mr. Phillips as to whether it has already been qualified,
Mayor Crites responded that it had and that we own it, but nothing has ever
been done with it.
Camcilman Spiegel said that r ., ,l ; the name could be changed to Art -In -
Public -Places or something similar.
XIV. ORAL COMMUNICATIONS - B
None
XV. COMPLETION OF ITEMS HEIR OVER FROM 4:00 P.M. SESSION
None
XVI. ORAL COMMUNICATIONS - C
None
XVII. AWARDS, PRESENTATIONS, AND APPOINTMENT'S
A. PROCLAMATION DECLARING THE MONTH OF MAY, 1995, AS "MENTAL HEALTH
MONTH" IN THE CITY OF PALM DESERT.
Mayor Crites read the proclamation and presented it to Mr. Ingram Bander.
Mr. Bander addressed the Council and asked that everyone recognize the importance of
treating diseases of the brain as we treat diseases of other parts of the body.
39
MINUTES = MAY 11,1995
REGULAR PALM DESERT CITY COUNCIL bLLAms
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 s s s
XVIIL PUBLIC HEARINGS
A. OF A PLANNING COMMISSION
DECISION APPROVING A CONDITIONAL USE PERMIT AND NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT FOR A 6,000 SQUARE FOOT
RESTAURANT WITH 1,350 SQUARE FOOT OUTDOOR DINING PATIO AND FULL
LIQUOR LICENSE WITHIN AN EXISTING COMMERCIAL BUILDING, AND
DEVELOPMENT OF A PARKING LOT LOCATED AT THE NORTHEAST CORNER OF
EL PASEO AND ruurivt AY 74, Case No. 95-2 (Churchill Management, Applicant),
Continued from the Meiling of April 13,1995.
Mr. Drell reviewed the staff report, noting that this had been continued to allow the appellant
and applicant to try and resolve differences and further refine the , �,� .661 relative to the
parking lot and valet parking t , . 6 n. He reviewed the latest revision of the parking lot
proposal, noting that it produced 55 net new parking spaces developed to the City's standards
and not requiring any special valet management. Those 55 spaces included the 14 spaces off
the access road in front of Palomino. He said the new restaurant, by staffs conservative
estimates, would require that 7.1new parking spaces be available for patrons of this center.
To make up the difference between those 55 spaces and the 71 the proposal
included a valet system operated from the curb on El Paseo. At that time, it was proposed
that the route would be to turn left on Highway 74 to get to the lot on the south side of El
Paseo. That had now been revised and instead the valet drop-off would be located fairly
close to the restaurant, which would preclude any opportunity to get over to the left turn lane
for Highway 74. Instead, the cars would go straight across Highway 74, make a u-turn at
the left turn lane on El Paseo, and either come back and cross Highway 74 with the light and
turn right turn on Ocotillo to get into the parking lot or turn right on Highway 74 and then
left into the lot. He said employees had always been required to park in that south lot. This
restaurant projected 20 employees, and historically restaurants had been about 50% successful
in getting employees to park in the south lot. Of those 20, it could be assumed that at least
10 would park in the south lot. He said the 20 employees were part of the 71 space
requirement, and with those 10 the deficiency was brought down to six spaces. The valet
would only have to pick up six customers in any cycle to meet the parking requirement. He
said his suggestion was to give all employees free valet parking to make sure that everyone
is parking in that south lot.
Councilmember Benson asked whether the valet would remain until all the waitresses have
completed their shifts so they would not have to walk to the south lot to pick up their
vehicles. Mr. Drell responded that it was his understanding that the valet would operate until
midnight.
Mr. Diaz added that another way it could be done is that the valet would bring the remaining
employee cars back at midnight, drop the keys inside the restaurant, and the employees would
have their cars there when they got off work.
40
MINUTES
REGULAR PALM DESERT CITY COUNCIL b r aa,lsv MAY 11, 1995
s s s s s s s s s s s s s s s s s s s s s s s i s s s s s s s s s s s e s s
Mayor Crites asked whether the 14 spaces by Palomino were on public right-of-way. Mr.
Drell said they were and that they could be developed right away. Mayor Crites asked
whether the developer had agreed to do that and pay for it. Mr. Drell responded that a
formula was being worked out relative to this.
MR. FRED FERN, 49-591 Canyon View Drive, addressed the Council and asked that it
affirm the Planning Commission's unanimous appro.ill. He said their intent was to increase
the quality of retail on El Paseo, and this restaurant would be another traffic draw onto the
street. He said there had been two objections they had had to fax:
1) Appeal to the decision of the Planning Commission by Palomino. He said they had
extensive discussions with representatives of Palomino and that as of 5:15 p.m. today had
gotten a letter with conditions agreed upon and worked out. Two points were not quite tied
down. One was that they requested that this restaurant cone off the valet section for lunch;
he pointed out to them that this was an impossibility because the fashion stores get customers
in the morning and they park by the cones. This would not work. He said Palomino was
not open for lunch now and had not had valet during lunch when they were open for lunch.
He said he believed this issue was satisfied. The second issue was trying to allocate spaces
on the . 1 dirt lot. He said that lot was a public lot, and he had no control of that He
said the general concept of what Palomino presented to him was satisfactory and things could
be worked out.
2) The second issue was the site, getting the people into the restaurant, getting the people
onto El Paseo, and the valet parking. He said the project was designed so that coming from
between the existing building where Loran, Loran beauty shop was and the bank building,
there is a wide place owned by the bank. Their object was to open it up and make it a very
first-class entrance so that the customers from any and all areas in the parking lot could come
to the front on El Paseo. He said their desire was to bring customers onto El Paseo to help
make the businesses and restaurants on El Paseo more successful. He said they felt
customers on El Paseo would use valet parking as a constant part of the entire ambiance of
the area.
Upon question by Councilman Spiegel, Ms Fern responded that although there is a back
door, they would strongly encourage the stores to require customers to come to the front
door. He said the restaurant would be designed so that it is not convenient to go in the back
door.
Councilmember Benson commended Mr. Fern for trying to find a way to work things out.
She said the valet parking still concerned her and that she would be more in favor of it if the
valets did not have to make a left from Highway 74 into the parking lot and having to go
against the traffic coming down Highway 74. She felt the condition for the valet should be
that they go across Highway 74, u-turn on El Paseo, cross Highway 74 again, and turn right
on Ocotillo to get to the parking lot. She said she would also like for the valet to be a local
valet service instead of someone out of Los Angeles.
41
MINUTES
REGULAR PALM DESERT CITY COUNCIL Nat..,LAIAG MAY 11,199S
• • • * • • • • • • • * • • • • • s • • • • • s • * • • s s • • • * • • s s
Mr. Fern agreed and said they had brought in people from Los Angeles who actually did the
forum in Vegas because they wanted to get a third opinion to make sure they did not miss
anything. With regard to the left turn off of Highway 74, he said this is something that
would have to be worked out. He said he did not want to do something that would be
dangerous. The advantage in going up the hill was that they could easily park at the back of
the south lot; however, if it is even a little bit unsafe, they could easily go around the other
way. He said the only time problem was in bringing the cars back, not in taking them up.
He assured Council that he would be very much on top of that detail.
Mr. Fern submitted a letter from Attorney Steven W. Delateur dated May 10, 1995, a list
of restaurants in the desert = early using valet, and a list of the retailers who had come to
the meeting in support of this project (attached hereto and made a part hereof as Exhibit
"A").
MR. STEVEN DELATEUR addressed the Council and stated that with regard to coning off
for the valet for lunch, it was true that Palomino had not used valet for lunch in the past.
He said it was his understanding that they intended to reopen for lunch in the fall and might
consider using a valet for lunch to provide an extra service for customers. He said his
thought with coning off for lunch was not to cone it off at 7:30 in the morning so no retailers
could use those areas. He said the thought would be that somewhere around 11:30 or 11:45
when the lunch crowd starts to come in that some of those spaces that have not already been
taken could be coned off. This was something they could work together on. With respect
to the new lot, he said the idea was that it would be open to all comers, not just restricted
to one restaurant. To maximize that particular lot, he said there would need to be some
stacking in one of the corners where you could get five more cars in.
Mayor Crites stated this was something that had not been discussed yet. He asked if he was
correct in that part of that public lot would be valet parking. Mr. Drell responded that the
55 did not include those five extra spaces. He said there were ten spaces in that area, and
only five were included in the 55. There were no valet spaces in the 55. If the need arose
for those five additional spaces, a parking attendant would be required to operate to stack and
unstack those spaces.
Mr. Fern stated that the concept was that the lot needed to be open. He said the key factor
was that the CC&R's for all of the area between Carl's Jr., Tony Roma's, the lot between
the Palomino and California Pizza Kitchen and the bank, all of that area, has directed the
owners of the El Paseo Collections Building (himself) to manage those lots, and up until now
he had been able to r and that is how they got valet parking in the first place. He
said the whole concept of using spaces in these lots needed to be coordinated sensibly and it
would be done in the future as it had been in the past.
Mr. Delateur stated that this is what he had meant by paragraph seven in his May loth letter.
He said that with the concept of the valet parking that Mr. Fern had talked about, taking the
El Paseo Collections customers' cars into the south lot, and with the reconfiguration of the
42
MIL) /AA
REGULAR PALM DESERx CITY COUNCIL 141r r..iii•TG MAY 11,199s
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 s s s
parking lot, and with some of the other agreements set forth in the letter, the Palomino
Company, Restaurants Unlimited (RUI), was , . , II , , .,1 to withdraw its appeal. He said he
had not been able to communicate with Mr. Rose who was ill and was not able to discuss
business. He said he could not, therefore, technically withdraw the appeal.
Councilmember Benson said she would want to see an agreement signed by Stan Rose and
RUI that this was agreeable. With regard to Mr. Delateur's letter, she said condition #6 was
something new and that it had not even been discussed whether Palomino could have a
monument sign. She said the Council was pretty much .i4.,1 to monument signs, and she
expressed that they might think from condition #6 that they were allowed to put one
up.
Mayor Crites stated that Mr. Delateur needed to understand that just because Mr. Fern is
supportive of the issues raised in the letter did not mean that the City was committed to them.
Councilman Spiegel expressed concern with condition #S suggesting that the amount of valet
spaces for Palomino Restaurant be doubled. He said we needed to think in terms of the
people who live in Palm Desert who do not want to valet park, and now this would be taking
away a lot of options for them. He said he did not know that he would be in favor of
doubling the amount of valet space for Palomino.
Mr. Delateur stated that Churchill Management, as managing agent of that common interest
business development area there, has been operating under a gentleman's agreement whereby
Churchill has allowed Palomino to cone off that one row for dinner to accommodate the crush
that happens around 9:00 p.m. when the first wave of diners is completed so there is not a
line of people waiting for their cars. He said that had worked fairly well, and the idea was
to expand that to the row which is just facing that first row that is being coned off now. He
said it was very important for Palomino, in order for them to support this project,. to know
that they are going to have that extra parking.
Mayor Crites stated that if it is in the evening and will not block out shoppers, either there
will not be anyone in those spots and the valet can use them anyway or those are people who
have chosen to park there to go to the restaurant. To tell those customers that they need to
park in the back because they are not choosing to valet park is not a good thing.
He said we have had this problem in other areas where valet parking takes over the prime
parking areas. He said Palomino is only part of what is going on there, and he would be
opposed to dedicating a prime location in that lot to a restaurant. However, it would be okay
if they were to say that their valet people would park them back by Tony Roma's where
there's no one at night.
MR. DAVID FLETCHER stated that the City had a Technical Traffic Committee which any
valet operation in the City must receive di, , did from. He said this was something he did
for the valet operation for Palomino, and the agreement was between himself as the
representative of all the buildings there, the Palomino, and the Technical Traffic Committee.
43
1 .._ _.
REGULAR PALM i.us T CITY COUNCIL 14g.e..alt1G
MAY II, 199S
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 e s s s s s s s s s
He said he would imagine that this issue would come before that Committee also and that the
Committee was sensitive to the issue raised by Mayor Crites.. He said it would be up to the
City at this point. He added that Churchill Management was r , : rio l .: - J to malice that
concession; whether the City and the Technical Traffic Committee was or not he said be
could not speak to that.
Mayor Crites stated that what was being said was that this issue would have to come to the
City for some decision making.
Mr. Dekateur stated that he hoped the Council would take into account the three aspects of
the appeal which had been filed on behalf of Rose Company in its deliberations. He said RUI
had reached an accommodation with Churchill Management and that there were still some
details to be worked out, such as the 14 spaces. He said he had talked informally with Mr.
Ortega about this and expressed a plan that might be able to be worked out in those areas.
He said he was hopeful that something could be worked out that would benefit everyone.
MR. DANNY FREEMAN, owner of Mr. Marcus, approximately two blocks from the
proposed restaurant, said he felt many of the good changes on El Paseo had been the result
of Mr. Fern and his wife Sherry. He said he was upset with the appeal because he felt it
would have been nice to have this ,�, , , , al so that the restaurant could have been open
during the slow month of August. He said he hoped the Council would vote today in favor
of granting Mr. Fern's request.
Mayor Crites invited testimony in OPPOSITION, and none was offered.
Upon question by Councilman Spiegel, Mr. Alibaba Farzaneh, owner of Club 74, responded
that he did not have valet parking and that approximately 50% of his customers are brought
in by limousine or transported from the hotels. Although his share of parking was almost 75
spaces, he said he did not use even 10 per night. Each night during the season, customers
are brought to his restaurant by taxi, limousine, and bus, and his share of the parking can be
used by the restaurant next door.
Mayor Crites declared the public hearing --
Councilman Spiegel stated that this is the worst parking lot in the City. A positive thing for
this project is the fact that it is filling up an empty bank building, and he said he was not sure
what else could go into that building other than a restaurant. He added that he felt an upscale
restaurant would be a good addition for the City.
Councilman Snyder moved to waive further reading and adopt Resolution No. 95:29 affirming
Planning Commission decision approving CUP 95-2 amended to reflect revised parking lot design and
requiring applicant to make available 50 spaces in the El Paseo Collection (south) lot served by a valet
parking L. , biam -operational from El Paseo. Motion died for lack of a second.
44
MTh ryY,e i •
REGULAR PALM DESERT CITY COUNCIL Nita.' 'JIG MAY 11, 199S
• • • • • • • • s • • • • • • • • • • • s • s • • • s • s s • • s • • s s •
Councilmember Benson stated that revised plan in the Agenda packets was not the revised
plan before Council today. Since it had just been . w, ' 1 and there were still issues to be
worked out, she felt it would be better to continue the matter for two weeks and allow time
for all the papers to be gotten in order. She said she would like to see an agreement signed
that everyone in the area buys in to the parking 'and how it is allocated, etc. She added that
she was still not happy with the valet parking and having these turning left into the parking
lot against traffic on Highway 74.
Upon question by Mayor Crites, Mr. Delateur stated that the last time he talked to Mr. Rose,
he was still pursuing the appeal. He had not been able to talk to Mr. Rose about the
revisions.
Councilman Kelly complimented Mr. Fern for what he had done on the west end of El Paseo.
He said there had been tremendous improvement and a lot of good things had been done.
He said his biggest problem was the traffic caused by the valet parking. He said he spent so
much time working on designating funds and programs to try and eliminate traffic and air
pollution, and it runs against his grain to create something he knows is not a good situation
in an area with a lot of traffic. He said he would rather see them jam in where they are than
have people traveling all around to get a car parkoed. He said most of the items in the letter
from Palomino with the requirements scared him. Numbers 1, 2, 5, and 6 he felt were all
not very pleasing items. He agreed with Councilmember Benson that something more needs
to be done before he could support the project.
Councilman Spiegel stated that we have an empty building in this area, and one of the
problems in the City is the amount of empty space that is starting to develop. He said he felt
whatever we can do that makes sense, even though it may not be the best answer, if it makes
sense from the City standpoint and economically, we should do.
Councilmember Benson said she felt this new proposal was a step in the right direction, but
there are still things that need to be worked out before we go forward.
Mr. Drell stated there were a lot of conditions placed on every project saying they cannot go
forward unless certain things are resolved, —An the other hand, until an applicant knows that
if he does these certain things he is assured of getting the pot of gold at the end of the
rainbow" it makes it diffictdt to get to that point. He said the applicant didn't have anything
until the Council votes. He said the key was to put those concerns into conditions. For
example, on the valet, if Council does not want them to make the right turn onto Highway
74, a condition could be added that the valet shall conform to an exhibit which shows traffic
in a particular way. Any condition the Council wants can be added, and the applicant can
then go forward knowing that if he fulfills them, he has � , , ) d1.
Mr. Phillips stated that another condition that would need to be added is that Mr. Rose's
appeal would need to be resolved.
45
MIIUUIIS
•per vu&.AR PALM DESERT Crr COUNCIL 14 i=iG MAY 11,1995
• • • s • s • • • • • • • • • • • • • • s • • s • • s • • • s • • • • s • •
Mr. Doll stated that this would be making Mr. Fern's appall. subject to performance by
someone he has no control over. He said people appeal and object to prof .. ;., all the time.
Councilman Spiegel said that St, r .. i .ply the two of them got together and worked something
out that in his opinion was not appropriate. •
Mayor Crites added that part of Mr. Fern's presentation for accepting this was that there is
now a meting of the minds, and that carries some weight. From what Mr. Fern says, it is
a done deal.
Mr. Drell stated that ultimately the ConditionalpUse Permit applies conditions which the CSty
believes are the acceptable and r y' ice. r 1 parameters of the development, regardless of who
agrees with them.
Councilman Spiegel suggested continuing this matter to the next meeting and prior to that
assign two Councilmembers to work with the Planning Department to sign these things off
with the developer and the ..2... r.tative of Palomino and come back with a recommendation.
Mr. David Fletcher addressed Council and said there was clear understanding between
himself and Mr. Delateur and Mr. Fern that these are Palomino's . , r r.J..., and they are okay
with Churchill Management, but they are all subject to City apprmJ. He said Churchill
Management would live with the City's decisions. He noted that there had been a lot of
delays in the project for various reasons. He said it was his understanding from Mr. Delateur
that Mr. Rose was ill and may be going into the hospital, and he did not know when he
would be out. He said if this restaurant is not going to be open for this next season, and it
is getting critical timing -wise if that is going to happen, then this project is probably delayed
a year and will not happen.
Mayor Crites stated that the grounds for the appeal were as follows: 1) private valet control
of public parking lot, and he felt this was no longer an issue; 2) adjacent uses, primarily
having to do with noise, odor, and impacts on surrounding , ,' . w . Li owners. He said
surrounding r , t, owners were all happy as far as he could tell, and this was no longer
an issue. He said the only issue left was dealing with traffic.
Mr. Phillips said the Council could resolve the appeal by denying it.
Mayor Crites stated that if the Council said yes to this tonight, everyone would need to get
together and discuss who will pay for buying the piece of I, . , r ,. , tI to put the new parking lot
on and who is going to pay for building the 14 spots next to Baker's Square, etc. He said
if we do not have an agreement for that and we cannot find common ground, all of the rest
of this does not mean anything. He said he would be willing to support continuance for two
weeks if in two weeks we not only can solve and seal this but also at the same time make
decisions on who will pay for the lot, who will landscape it, etc.
46
Melt
REGULAR PALM DESERT CITY COUNCIL NizziniG MAY 11,1995
•• s a s• s s s s s s••• s s s•• s••• s s• s s• s• s s•• s s
Councilmember Benson sued that if we do not have the valet parking resolved, they do not
qualify for the number of requi , i parking spaces. That needs to be resolved in order for
them to have enough spaces.
Councilman Kelly added that the Council did not have any idea yet relative to how much the
City was being asked to contribute.
Mr. Ortega stated that the Redevelopment Agency had some cost estimates and
recommendations as to what the appropriate sharing of the costs should be for both parties.
He said he could have this before Council in two weeks.
Councilman Snyder said he would agree to a continuance if all of these issues can be worked
out in two weeks.
Mr. Fern stated he did not know what more be could bring to the Council on the valet
parking issue other than whether the valets will turn right or left on Highway 74.
Councilman Kelly asked whether Mr. Fern had looked into the north side further east where
there might be stores that are not open in the evenings and if there is a possible location there
where he could lease or make some arrangements to do valet parking so that the valets would
not have to cross to the south side and could stay in that parking lot on the north side.
Mr. Fern responded that it had been considered but it came down to economics. He said this
had been extraordinarily tight from day one which is why he came to the City to participate
in doing the lot.
Councilman Kelly stated that if the valet parking was done at the back of the building and
Mr. Fern could find a place on the north side so the valets would not have to go out on the
street, around the corner, etc., this would solve a big problem as far as he was concerned.
Mr. Drell stated that the identified problem was at lunch time, not dinner. The real shortage,
assuming Palomino opens for lunch again, was at lunch time. He said there was plenty of
parking at night, and those lots vacant at night are used during the day.
Mayor Crites suggested other locations for valet parking might include the back parking lot
for Staples which was as close to this restaurant as the back of the south parking lot, and
perhaps something could be done to work on the economics of this.
Mr. Fern stated that this would require the valet employees to cross highway 74 to get the
cars, and this would create a problem. He said they wanted to keep all the employees in a
more controlled, slower traffic area on El Paseo itself.
47
MINUTES t'-: ; ;
REGULAR PALM DESERT CITY COUNCIL 14 v kie MAY 11,1995
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 s s
Mayor Crites =mud the public hearing.
Councilman Kelly moved to continue this matter to the meeting of May 25, 1995, and schedule it
for final action at that time. Motion was seconded by Benson and carried by unanimous vote.
B. REOUEST FOR AP_PROVAL OF A ur ivr.KAL PLAN AMENDMENT AND CHANGE OF
ZONE FROM PLANNED RESIDENTIAL AND RESORT COMMERCIAL TO DISTRICT
COMMERCIAL (PC 2) AND APPROVAL OF A PRECISE PLAN OF DESIGN TO
PERMIT CONSTRUCTION OF AN 81,747 SQUARE FOOT RETAIL SHOPPING
Lr cv i rat ON 8.7 ACRES AT THE NORTHEAST CORNER OF DEEP CANYON ROAD
AND HIGHWAY 111, Case Nos. GPA94-2. CIZ 94-3. PP 94-7 (F do M Associates,
Applicant) Continued from the Meiling of April 27, 1995.
Mayor Crites noted that the public hearing was still gpsn and he invited testimony from the
audience. No testimony was offered.
Councilman Spiegel moved to continue this matter to the meeting of May 25, 1995. Motion was
seconded by Kelly and carried by unanimous vote.
XIX. ORAL COMMUNICATIONS - D
None
XX. ADJOURNMENT
With Council concurrence, Mayor Crites adjourned the meeting at 10:55 p.m.
ATTEST:
MARY P. , DEPUTY (6TY CLERK
CITY OF PALM DESERT, CALIFORNIA
BUFORD A/CRITES, MAYOR
48