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HomeMy WebLinkAbout1996-09-26MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 26, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Snyder convened the meeting at 4:25 p.m. H. ROLL CALL Present Councilmember Jean M. Benson Councilman Buford A. Crites Mayor Pro-Tem Richard S. Kelly Mayor Walter H. Snyder Excused Absence: Councilman Robert A. Spiegel Also Present: Ramon A. Diaz, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, Director of Community Affairs/City Clerk John Wohlmuth, ACM/Director of Administrative Services Carlos L. Ortega, Redevelopment Agency Executive Director Pat Conlon, Director of Building and Safety Phil Drell, Director of Community Development Paul Gibson, City Treasurer/Finance Director Gregg Holtz, Acting Director of Public Works Lisa Constande, Environmental Conservation Manager Mary P. Gates, Deputy City Clerk III. ORAL COMMUNICATIONS - A MISS CRYSTAL NEUMANN addressed the Council and presented to the City a framed mural of a Big Horn Sheep which she had received after attending a new Palm Springs Desert Museum camp this summer. During that time, she said she learned a lot about nature and animals, including the Big Horn Sheep. She learned, after presenting a poster to the Big Horn Institute, that there are less than 380 Big Horn Sheep in California, and the United States Government is seriously considering putting them on the endangered species list. She asked that the Council find a beautiful spot to hang this poster so that not only the Council but other people could look at this magnificent animal. Councilman Crites expressed appreciation to Miss Neumann. He asked that it be displayed and that a small plaque be added to the mural indicating the name of the donor. MRS. LYNN NEUMANN addressed Council as Miss Crystal Neumann's grandmother and discussed the theft of musical instruments from the College of the Desert. She said her son was MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * involved in a fund raising benefit to replace these instruments, with an event taking place on Sunday, September 29, 1996, from 4:00 p.m. to possible midnight. She invited the Councilmembers to come any time during that evening to speak, and she also asked that a poster describing the benefit be posted at City Hall. MS. KATIE BARROW, Coachella Valley Mountains Conservancy, stated that some time ago the City made a loan to the Conservancy and that now it was in a position to repay that loan plus interest. She presented a check in the amount of $73,454.45 to Mayor Snyder and noted for the benefit of Miss Neumann that the City of Palm Desert had already done a lot to preserve the mountains and their habitat. IV. CONSENT CALENDAR A. MINUTEd of the Regular City Council Meetings of August 22 and September 12, 1996. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 19, 20, 21, and 22. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Apache Corral, Inc. for Apache Corral, 72-990 El paseo, #2, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENS% by Locanda Toscana Corp. for Locanda Toscana, 72-695 Highway 111, A9-10, Palm Desert. Rec: Receive and file. E. APPL.ICATION FOR ALCOHOLIC BEVERAGE LICENSE by R. Ronald Hare for Cafe St. Tropez, 72-820 El Paseo, Palm Desert. Rec: Receive and file. F. MINUTES of the Civic Arts Committee Meeting of June 10, 1996. Rec: Receive and file. G. MINUTES of the Art -In -Public -Places Subcommittee Meetings of May 15 and June 26, 1996. Rec: Receive and file. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * H. SCHEDULE OF INVESTMENTS for Month Ending August 31, 1996. Rec: Receive and file. I. REQUEST FOR APPROVAL{ of Continuance of Maintenance Agreement with Fujitsu for City's Telephone System. Rec: By Minute Motion, approve the continuance of the City's maintenance agreement with Fujitsu and appropriate $15,500.00 from the unobligated general fund for same. J. MINUTES of the Investment & Finance Committee Meeting of August 14, 1996. Rec: Receive and file. K. REOUEST FOR RELEASE of Improvement Security for Parcel Map 28253 (North Side of Enfield Lane within the Country Club Business Park, John L. Curci and Robert O. Briggs, Applicant). Rec: By Minute Motion, accept the subdivision improvements as complete and authorize the City Clerk to release the subject improvement securities. L. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for the 1996/97 Resurfacing Program (Phase II, Project No. 762/97, Contract No. C11930). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the 1996/97 Resurfacing Program (Phase II). M. REOUEST FOR APPROPRIATION of Funds for the Bob Hope Chrysler Classic Wives' Luncheon. Rec: By Minute Motion, concur with the recommendation of the Promotion Committee and appropriate $5,000.00 to Account No. 110-4416-414-3061 from the unobligated general fund reserve. N. REOUEST FOR APPROVAL of Community Development Block Grant Supplemental Agreement for Fiscal Year 1996/97 (Contract No. C 11940). Rec: By Minute Motion, approve the Community Development Block Grant Supplemental Agreement between the County of Riverside Economic Development Agency and the City of Palm Desert. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * O. REQUEST FOR AWARD QF CONTRACT for Street Resurfacing and Repair Program - Overlay - San Pablo/Parkview Drive/Cook Street (Project No. 762-97, Contract No. C11470). Rec: By Minute Motion, award Contract No. C11470 to E.L. Yeager Construction Company in the amount of $163,248.00 plus a ten percent contingency of $16,324.80 and authorize the Mayor to enter into an agreement. Funds are available for this project in Account No. 110-4311-433-3320. Councilman Crites stated he had a question regarding Item N and the contribution to the St. Paul's Residence/AIDS Transitional Housing. He said it was his understanding that they were moving. Councilmember Benson responded that they were not able to get the building on San Pablo; however, the funds were still needed for whatever they can find. Upon motion by Kelly, second by Crites, the Consent Calendar was approved as presented by unanimous vote of the Council. V. RESOLUTIONS A. RESOLUTION NO. 96-61 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE MERGER BETWEEN CONTINENTAL CABLEVISION, INC. AND U.S. WEST, INC. Mr. Wohlmuth stated that staff was requesting that this matter be continued to the meeting of October 10, 1996. Councilman Crites moved to continue this item to the meeting of October 10, 1996. Motion was seconded by Kelly and carried by unanimous vote. B. RESOLUTION NO. 96-62 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REQUESTING PARTICIPATION IN A STATE OF CALIFORNIA, CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY DISCRETIONARY HOUSEHOLD HAZARDOUS WASTE GRANT FOR LOCAL GOVERNMENTS. Mr. Wohlmuth noted the report in the packets and offered to answer any questions. Councilman Crites moved to waive further reading and adopt Resolution No. 96-62. Motion was seconded by Kelly and carried by unanimous vote. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. RESOLUTION NQ. 96-63, - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 96-47, SECTION I, SALARY SCHEDULE, RANGES AND ALLOCATED CLASSIFICATIONS, ADDING A CROSSING GUARD. Mr. Wohlmuth reviewed the staff report, noting that this was to place a crossing guard at Hovley and Portola for the new school. He added that staff would proceed with a permanent crossing guard when the school opens full time. Councilman Kelly moved to waive further reading and adopt Resolution No. 96-63. Motion was seconded by Benson and carried by unanimous vote. VI. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 814 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE NO. 663 AND AMENDING SECTION 10.36.010 OF THE MUNICIPAL CODE RELATIVE TO REESTABLISHING SPEED ZONES (El Paseo west of Highway 74 to Highway 111). Councilman Kelly moved to waive further reading and adopt Ordinance No. 814. Motion was seconded by Crites and carried by unanimous vote. B. QRDINANCE NO. 815 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE NO. 663 AND AMENDING SECTION 10.36.010 OF THE MUNICIPAL CODE RELATIVE TO REESTABLISHING SPEED ZONES (Magnesia Falls Drive from Portola Avenue to Deep Canyon Road). Councilman Kelly moved to waive further reading and adopt Ordinance No. 815. Motion was seconded by Crites and carried by unanimous vote. C. ORDINANCE NO. 816 - 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 (Dinah Shore Drive from Monterey Avenue to the westerly City limit). Councilman Kelly moved to waive further reading and adopt Ordinance No. $16. Motion was seconded by Crites and carried by unanimous vote. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VII. CONSENT ITEMS HELD OVER None VIII. NEW BUSINESS A. PRESENTATION TO MR. DICK SHALHOUB IN APPRECIATION OF HIS SERVICE ON THE CITY'S PROMOTION COMMI i i bh. On behalf of the entire City Council, Councilmember Benson presented an engraved clock to Mr. Shalhoub and thanked him for his many years of service on the Promotion Committee. She said the clock would be a reminder so that he would know he was welcome to come back at any time. Mr. Shalhoub thanked the Council and stated that he had enjoyed the time spent on the Promotion Committee. He said he was involved with a lot of the cities in the Valley, but not one compared with the overall organization and success of Palm Desert. He said he was happy and proud to be part of that group, and he would ask to get involved again as soon as his scheduled permitted it. B. PROCLAMATION DECLARING THE WEEK OF OCTOBER 7 THROUGH 11, 1996, AS "CALIFORNIA RIDESHARE WEEK". Mayor Snyder presented the proclamation to Councilman Richard Kelly as President of the Southern California Association of Governments. C. CONSIDERATION OF APPOINTMENT TO THE CITY'S PROMOTION COMMITTEE TO FILL THE VACANCY CREATED BY THE RESIGNATION OF MR. DICK SHALHOUB. Councilmember Benson moved to, by Minute Motion, appoint Mr. Nate Scharff to the Promotion Committee to fill the vacancy created by the resignation of Mr. Dick Shalhoub (term to expire September, 1998). Motion was seconded by Kelly and carried by unanimous vote. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. REQUEST FOR CONSIDERATION OF FRED WARING DRIVE UTILITY UNDERGROUNDING. Mr. Conlon reviewed the staff report and offered to answer any questions. Councilman Crites moved to, by Minute Motion: 1) Upon final review and concurrence by the City Attorney, approve Contract No. C11950 with Oliphant/Lizza and Associates for the amount of $45,432.73 which will facilitate the underground utility conversion on Fred Waring Drive extending from Monterey Avenue on the east to Adonis Drive on the west; 2) authorize the Director of Finance to appropriate $45,432.73 from unallocated construction tax funds; 3) authorize the Director of Finance to allocate $53,032.27 currently held in Trust Account No. 610-0000-228-4700 for Mr. Lacerte's outstanding obligation for this project; 4) authorize approval of Southern California Edison Project No. 6779-7133, 67105. Motion was seconded by Kelly and carried by unanimous vote. E. INFORMATIONAL ITEMS: 1. Update on Interchanges: a. I-10/Washington Street b. I-10/Cook Street c. I-10/Monterey Avenue Mr. Holtz updated the Council on the status of these three interchanges. 2. Progress Report on Retail Center Vacancies Mr. Ortega stated that the 111 Town Center had been sold, and it was staff s understanding the new buyers had signed the new tenant for the Marshall's site as well as another site. With regard to Circuit City, staff had been working with Kevin Randall of Best, Best & Krieger, and the attorneys representing Lowe Development because of some obligations in that matter. He said one of the problems in putting a new tenant in the Circuit City building was that unbeknownst to the City at the time of the agreement, the Circuit City parcel was a separate parcel and leased separately. He said there were complications of conditions between other tenants and the center which complicate the issue of filling the Circuit City building, and staff would continue to work on this. 3. Report Relative to Permitted and Conditional Uses in the Office Professional Zone. Mr. Drell noted the report in the packets and offered to answer any questions. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IX. CONTINUED BUSINESS A. REQUEST FOR REVIEW AND ,SELECTION OF HOLIDAY DISPLAY PROPOSALS, Contract No. C11880 (Continued from the Meeting of September 12, 1996). Mr. Bassler reviewed the staff report and recommendation. The following individuals spoke in favor of the Council considering the proposal from Brite Lites: Ms. Joan Kaye, Mr. Don Pruess, and Mr. David Williams. MR. LARRY GUZZETTA spoke as the General Manager of Brite Lites and reiterated points raised at the last City Council meeting. He said he felt the specifications were not complete because they were lacking items such as an Affidavit of Noncollusion. Mr. Erwin responded that Requests for Proposal did not require inclusion of those items mentioned by Mr. Guzzetta. Mr. Bassler noted that Harrington Decorating Company, staffs recommended contractor, was a manufacturers' representative, and the manufacturer of the displays selected by the committee was Crystal Valley. He said he had concerns with the fact that Mr. Guzzetta had used several photos from the Crystal Valley catalogs and indicated they were original designs (i.e., the wreath and stocking), even though the catalogs indicated they were copyrighted designs. Councilmember Benson stated that at the end of the meeting between the Committee and Mr. Guzzetta when different things were being discussed (i.e., leasing) and the Committee was looking at the decorations proposed by Mr. Guzzetta, Mrs. Gilligan suggested that this should be taken to the City Attorney. She said at the initial meeting the Committee was looking at purchasing versus leasing, not realizing that leasing had to go out for a Request for Proposal as well. She said her first remark to Mr. Bassler after that was that he should make sure Mr. Guzzetta knows we are starting over from scratch and would be sending out Requests for Proposal so there would be no misunderstanding of anyone having an implied contract. Upon question by Councilman Crites relative to an implied contract, Mr. Erwin stated that there was no contract and that it was clear that staff does not have any authorization to enter into any contracts without Council approval or authorization. Mr. Guzzetta stated that he had never received any communication indicating that the City was going out to bid. Councilmember Benson disagreed and stated that Mr. Guzzetta had received the Request for Proposals. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Bassler stated that in response to a statement made by Mr. Guzzetta, staff did not inform him that there was enough time to reject the bids received and rebid the project. In fact, he said he had specifically advised Mr. Guzzetta that in his opinion there was not enough time to do that. Councilmember Benson added her concern that once bid packages are opened and everyone knows the costs, it is easy to resubmit a bid that would be lower. Councilmember Benson moved to, by Minute Motion: 1) Award the Holiday Display Contract (No. C1188Q) to Harrington Decorating Company, Inc., in the amount of $30,300.80 for the display purchase and first year's installation and storage costs; 2) accept an additional four years' installation, cleaning, and storage in the amount of $14,340.00 ($3,585.00 per year); 3) appropriate an additional $17,310.00 from the Unobligated General Fund Reserve to cover the first year's purchase cost. Motion was seconded by Kelly and carried by unanimous vote. X. OLD BUSINESS A. REQUEST FOR CONSIDERATION OF PORTOLA COMMUNITY CENTER PROPERTY MANAGEMENT AND STAFFING. Mr. Wohlmuth reviewed the staff report and recommendations. He noted that one of the lessees, the Mountains Conservancy, needed an agreement in place as soon as possible, and he recommended that the Council, upon final review and approval by the City Attorney, authorize lease agreements with Big Brothers and Sisters of the Desert, Mountains Conservancy, and Episcopal Community Services. With regard to the agreement with the Coachella Valley Recreation and Park District (CVR&PD), he said there was one issue remaining regarding insurance. Staff was requesting authorization for the City Attorney and Risk Manager to work out the language relative to insurance and have the District provide that level of insurance. Councilmember Benson thanked Mr. Wohlmuth and stated he had done a great job on this program and addressing the concerns raised by herself and Councilman Spiegel. Councilman Crites moved to, by Minute Motion: 1) Authorize the Mayor to execute an agreement (No. C 1199Q) with Coachella Valley Recreation and Park District (CVR&PD) to manage and staff the Portola Community Center, subject to approval by the City Attorney; 2) appropriate $23,500.00 from the General Fund Unobligated Reserve Budget to the Project Budget; 3) upon final review and approval by the City Attorney, authorize the lease agreements with Big Brothers and Sisters of the Desert (Contract No. C11960), Mountains Conservancy (Contract No. C11970), and Episcopal Community Services (Contract No. C1198(1). Motion was seconded by Kelly and carried by unanimous vote. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. REQUEST FOR APPROVAL OF URBAN FORESTER CONTRACT POSITION. Ms. Constande reviewed the staff report and recommendation for authorization to negotiate a contract and bring the details of said contract back to the Council. She noted that although it was originally anticipated the contract would be for a one-year period, the extensive job scope was such that one year would not be sufficient. Staff was requesting ability to consider a two-year contract during negotiations with the person being recommended to the Council. Councilman Crites moved to, by Minute Motion: 1) Authorize staff to negotiate a contract with the most qualified proposer(s); 2) direct staff to bring back a negotiated contract to the City Council for review and approval as well as necessary appropriations. Motion was seconded by Benson and carried by unanimous vote. RI. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY 1) Report and Action on Items from Closed Session Made at This Meeting. None Mr. Erwin noted the items listed on the Agenda for Closed Session. He asked that the Council consider adding two items to that list: a) Pending litigation pursuant to Government Code Section 54956.9(a), Villas at Desert Falls v. Palm Desert, appeal of Art -In -Public -Places fee; b) Potential litigation pursuant to Government Code Section 54956.9(c) - 1 case Councilman Crites moved to add these two items to the Closed Session. Motion was seconded by Snyder and carried by unanimous vote. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2) Request for Closed Session Conference with Legal Counsel - Existing Litigation pursuant to Section 54956.9(a): a) City of Palm Desert v. Western Waste, Riverside County Superior Court, Case No. 090744 b) City of Indio v. Refco Capital Corporation, et al, United States District Court, Central District, Case No. CV92-7632-RJK. Conference with Legal Counsel - Anticipated Litigation pursuant to Government Code Section 54956.9: Significant exposure to litigation pursuant to subdivision (b): Number of potential cases: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: Property: Southeast corner of Portola Avenue and Hovley Lane East Assessor's Parcel Number: 624-040-024 Negotiating Parties: Agency: Richard J. Folkers, Director of Public Works Property Owner: F.X. McDonald Under negotiation: _ Price . . Terms of Payment C. CITY CLERK None D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Councilman Crites asked Councilman Kelly whether discussion of the Sunline Services Group was included on the items listed for Closed Session. Councilman Crites moved to add this item to the Closed Session pursuant to Government Code Section 54956.9(c), potential litigation. Motion was seconded by Snyder and carried by unanimous vote. o City Council Committee Reports: 1. Councilman Kelly stated that it was his intention, if there were no objections from Council, to volunteer to host the League of California Cities Division meeting in Palm Desert at the new Multi Agency Library. Council concurred. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2. Councilman Crites stated that he had received an inquiry from the Chair of the Perot for President Committee relative to whether there would be objections from the City of Palm Desert if they were to fly a place over the City and drop leaflets. Councilmember Benson stated she felt this would be littering the City, no matter what the political party was. Councilman Crites stated he would advise that it was the feeling of the Council that this would not be a good thing to do in the City of Palm Desert. 3. Mayor Snyder reported that several Mayors in the Valley had gotten together the previous Friday and traveled to Riverside for a last-minute signing of a document that would give us a portion of the $100 million COPS program offered by the State of California. He said the County would receive approximately $3,200,000, of which $500,000 would go to the jail program, $500,000 to the District Attorney. The remaining funds would be divided equally among the 24 cities on the basis of numbers of people in the City. he added that Palm Desert's share would be about $79,000 that we can add to our COPS program. XII. AWARDS, PRESENTATIONS, AND APPOINTMENTS See New Business XIII. PUBLIC HEARINGS None XIV. ORAL COMMUNICATIONS - B None 12 MIIVITTFS REGULAR PALM DESERT CITY COUNCIL MEETING br r i r 6 BER 26, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * s * * * XV. ADJOURNMENT Councilman Crites moved to adjourn the meeting to Closed Session at 5:35 p.m. Motion was seconded by Snyder and carried by unanimous vote. Mayor Snyder reconvened the meeting at 6:35 p.m. and immediately adjourned. ATTEST: // SHEILA R. GGAy/ UNI�Y DIRECTOR OF CO AFFAIRS/CITY CLERK 13