Loading...
HomeMy WebLinkAbout1995-09-28MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 28, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Crites convened the meeting at 4:10 p.m. H. ROLL CALL Present: Councilmember Jean M. Benson Councilman Richard S. Kelly Mayor Pro-Tempore Walter H. Snyder Councilman Robert A. Spiegel Mayor Buford A. Crites Also Present: Ramon A. Diaz, Acting City Manager David J. Erwin, City Attorney Sheila R. Gilligan, Director of Community Affairs/City Clerk Carlos L. Ortega, ACM/RDA Executive Director Richard J. Folkers, ACM/Director of Public Works John Wohlmuth, ACM/Director of Administrative Services Paul S. Gibson, Finance Director/City Treasurer Pat Conlon, Director of Building and Safety Evelyn Bridges, Acting Director of Code Compliance Phil Drell, Acting Director of Community Development Catherine Sass, Community Arts Manager Mary P. Gates, Deputy City Clerk III. ORAL COMMUNICATIONS - A None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 28, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IV. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of September 14, 1995, and the Adjourned Joint Meeting of the Palm Desert City Council and Redevelopment Agency of December 22, 1994. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 14 and 15. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Joan and Murray Enterprises, Inc. for Kokopelli Caffe, 44-150 Town Center Way, B5 and B6, Palm Desert. Rec: Refer to Department of Community Development for processing of a Conditional Use Permit. D. PRELIMINARY SCHEDULE OF INVESTMENTS as of August 31, 1995. Rec: Receive and file. E. MINUTES of Investment & Finance Committee Meeting of August 3, 1995. Rec: Receive and file. F. REOUEST FOR REFUND of Building Permit in Prior Fiscal Year. Rec: By Minute Motion, approve a refund of $33.60 to GL Gayler Construction Co. from prior fiscal year. G. RESOLUTION NO. 95-93 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Files from the Department of Building and Safety that have been Microfilmed (August 1995). Rec: Waive further reading and adopt. H. REOUEST FOR APPROVAL of Charitable Contributions/Outside Agency Committee Recommendations for Funding in Accordance with the 1995/96 Budget. Rec: By Minute Motion, approve the Charitable Contributions/Outside Agency Committee recommendations for funding in accordance with the 1995/96 budget for the agencies listed in the staff report dated September 28, 1995, and authorize the Mayor to execute the agreements between the City and those same agencies. 2 MINUTES _ REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 28, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. REOUEST FOR APPROVAL of Public Art Maintenance Covenant. Rec: By Minute Motion, approve as to form the Public Art Maintenance Covenant. J. REOUEST FOR APPROVAL of Temporary Street Closure for Artwork Dedication. Rec: By Minute Motion, approve the temporary closure of Avenue of the States at Washington Street on October 5, 1995, from 3:00 p.m. to 7:30 p.m. K. REOUEST FOR APPROVAL of Final Tract Map 26123-3 (Sunrise Company). Rec: Waive further reading and adopt Resolution No. 95-94 approving Tract Map 26123- 3. L. REOUEST FOR RATIFICATION of the Execution of Agreements for Right -of -Way Acquisition for the Cook Street and I-10 Interchange Project (658-95). Rec: By Minute Motion, ratify the execution of the agreements for W.R. Hawn and TMP Inland Empire VI. M. REOUEST FOR RELEAS of Subdivision Improvement Security for Tract Maps 23940, 23940-2, and 23940-3 (Mr. Robert C. Varner, Applicant). Rec: By Minute Motion, accept the public improvements as complete and authorize the City Clerk to release the subdivision improvement securities for the subject tract. N. REOUEST FOR RELEASE OF AGREEMENT for Ordinance 416 Improvements (Hovley Lane) . Rec: By Minute Motion, authorize the Mayor to execute the Release Agreement attached to the staff report dated September 28, 1995. O. REOUEST FOR APPROVAL of Imperial Irrigation District Cooperative Agreement for I-10 Cook Street Interchange (Project No. 658-95). Rec: By Minute Motion, approve the subject cooperative agreement (Contract No. C 10530) with Imperial Irrigation District for the design and installation of required electrical utility relocation. P. REOUEST FOR AWARD OF BID for Purchase of Grass Seed. Rec: By Minute Motion, award the bid for the purchase of 20,500 pounds of grass seed to the low bidder, High Tech Irrigation, in the amount of $12,921.92. 3 MINUTES — REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 28, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Q. REOUEST FOR APPROVAL of Seed Money for Children's Playtime Productions. Rec: By Minute Motion, concur with the Civic Arts Committee recommendation and approve the funding request of Children's Playtime Productions for seed monies of $800.00, which entitles 376 Palm Desert students under 3rd grade free admission to the first performance. R. REOUEST FOR APPROVAL of Agreement with Muni Financial Services to Provide the New SEC Disclosure Requirements for the 1995 revenue bonds, Assessment District 83-1, 84-1R, and 87-1 (Contract No. C10540). Rec: By Minute Motion, approve the agreement between the City of Palm Desert and Muni Financial Services (M.F.S.) to provide continuing disclosure, document preparation, and dissemination services for the 1995 revenue bonds, Assessment District 83-1, 84-1R, and 87-1. S. REOUEST FOR APPROVAL of Participation in Demonstration Project for City's Electric Shuttle. Rec: By Minute Motion, approve the dedication of the City's Electric Shuttle for retrofitting to become a "hybrid" electric vehicle for demonstration of the extended range and utility that the technology can provide. T. REOUEST FOR APPROVAL of Technical Services Change Order No. 2 to Contract No. C08090 with the County of Riverside for Right -of -Way Acquisition - Cook Street and I-10 Interstate. Rec: By Minute Motion, approve Technical Services Change Order No. 2 to the subject contract to cover total expenses required to complete the required right-of-way action in an amount not to exceed $3,500.00 and appropriate this amount from the Project Account No. 400-4356-433-4001. U. REQUEST FOR APPROVAL of El Paseo Tree Lighting Circuit Interrupters. Rec: By Minute Motion, appropriate $8,500.00 from the unobligated general fund reserves and permit staff to proceed with the installation of the ground fault circuit interrupters. V. REOUEST FOR AWARD OF BID for Personal Computers and Peripheral Equipment. Rec: By Minute Motion, award the bid for personal computers and peripheral equipment to Sourceror Systems. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 28, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * W. CLAIM AGAINST THE CITY by Scott Heckmann in the Amount of $1,020.00 (Claim No. 294). Rec: By Minute Motion, authorize staff to negotiate settlement with the Claimant in an amount not to exceed $1,020.00. X. REOUEST FOR APPROVAL of Electric Vehicle Charging Station. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the City of Palm Desert Electric Vehicle Charging Station. Upon motion by Spiegel, second by Kelly, the Consent Calendar was approved as presented by unanimous vote of the Council. V. RESOLUTIONS A. RESOLUTION NO. 95-87 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ORDERING REVISION OF AUDITOR'S RECORD OF REASSESSMENT FOR REFUNDING BONDS FOR ASSESSMENT DISTRICT NO. 83-1 TO INCLUDE INTEREST INSTALLMENTS BASED ON INTEREST RATES SET FORTH IN THE BOND PURCHASE CONTRACT FOR THE PURCHASE AND SALE OF REFUNDING BONDS FOR SAID ASSESSMENT DISTRICT, AND PROVIDING FOR THE COLLECTION OF THE REASSESSMENTS (Continued from the Meeting of September 14, 1995). Mr. Diaz noted that the City Council had taken action on this resolution at its Special Joint Meeting with the Financing Authority of September 20, 1995, and that no further action was necessary. B. RESOLUTION NO. 95-88 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ORDERING REVISION OF AUDITOR'S RECORD OF REASSESSMENT FOR REFUNDING BONDS FOR ASSESSMENT DISTRICT NO. 84-1-R TO INCLUDE INTEREST INSTALLMENTS BASED ON INTEREST RATES SET FORTH IN THE BOND PURCHASE CONTRACT FOR THE PURCHASE AND SALE OF THE REFUNDING BONDS FOR SAID ASSESSMENT DISTRICT AND PROVIDING FOR THE COLLECTION OF THE REASSESSMENTS (Continued from the Meeting of September 14, 1995). Mr. Diaz noted that the City Council had taken action on this resolution at its Special Joint Meeting with the Financing Authority of September 20, 1995, and that no further action was necessary. 5 MINUTES - REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 28, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. RESOLUTION NO. 95-82 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ORDERING REVISION OF AUDITOR'S RECORD OF REASSESSMENT FOR REFUNDING BONDS FOR ASSESSMENT DISTRICT NO. 87-1 TO INCLUDE INTEREST INSTALLMENTS BASED ON INTEREST RATES SET FORTH IN THE BOND PURCHASE CONTRACT FOR THE PURCHASE AND SALE OF THE REFUNDING BONDS FOR SAID ASSESSMENT DISTRICT, AND PROVIDING FOR THE COLLECTION OF THE REASSESSMENTS (Continued from the Meeting of September 28, 1995). Mr. Diaz noted that the City Council had taken action on this resolution at its Special Joint Meeting with the Financing Authority of September 20, 1995, and that no further action was necessary. D. RESOLUTION NO. 95-95 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SUPPORTING THE LEAGUE OF CALIFORNIA CITIES' RESOLUTION ON SALES TAX REDISTRIBUTION TO INCREASE THE AMOUNT RECEIVED BY CITIES TO 2%. Mr. Diaz noted the report in the packets and offered to answer any questions. Councilman Spiegel moved to waive further reading and adopt Resolution No. 95-95. Motion was seconded by Kelly and carried by unanimous vote. VI. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 786U - AN URGENCY ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER X TO TITLE 9 (COMMENCING WITH SECTION 9.70) OF THE PALM DESERT MUNICIPAL CODE RE: THE PROTECTION OF THE PEACE AND SECURITY OF MEDICAL FACILITIES AND THE WELL-BEING, TRANQUILITY, AND PRIVACY OF PERSONAL RESIDENCES. Mr. Erwin noted that Ordinance No. 786 had been previously adopted by the City Council. Because it was adopted as a regular ordinance and not as an urgency ordinance, it would not go into effect until 30 days after adoption, which would mean mid -October. He called attention to the last page of the ordinance which included an urgency clause and recommended adoption. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 28, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Spiegel moved to waive further reading and adopt Ordinance No. 786U. Motion was seconded by Snyder and carried by unanimous vote. B. ORDINANCE NO. 775 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 2.26 TO TITLE 2 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING THE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE. Mr. Diaz stated that there had been no changes since introduction of this ordinance, and he recommended adoption. Councilman Kelly moved to waive further reading and adopt Ordinance No. 775. Motion was seconded by Spiegel and carried by unanimous vote. C. ORDINANCE NO. 787 - 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 NEW SPEED ZONES (Monterey Avenue between Highway 111 and Fred Waring Drive). Mr. Diaz stated that there had been no changes since introduction of this ordinance, and he recommended adoption. Councilman Kelly moved to waive further reading and adopt Ordinance No. 787. Motion was seconded by Spiegel and carried by unanimous vote. D. ORDINANCE NO. 788 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.101 OF THE MUNICIPAL CODE TO PROVIDE A UNIFORM 25 MILE PER HOUR SPEED LIMIT FOR GRAPEVINE STREET. Mr. Diaz stated that there had been no changes since introduction of this ordinance, and he recommended adoption. Councilman Kelly moved to waive further reading and adopt Ordinance No. 788. Motion was seconded by Spiegel and carried by unanimous vote. VII. CONSENT ITEMS HELD OVER None 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 28, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VIII. NEW BUSINESS A. REOUEST FOR CONSIDERATION OF VARIOUS ACTIONS WITH REGARD TO DESERT CROSSING PROJECT (JOINT ITEM WITH THE REDEVELOPMENT AGENCY). Redevelopment Manager Dave Yrigoyen reviewed the staff report and offered to answer any questions. On behalf of his colleagues, Mayor/Chairman Crites congratulated Lowe Enterprises for the excellence and quality of this development and for bringing sales tax and redevelopment monies to the City. He noted that the President of Oshman's said he had never seen a shopping center with the quality of this center. Councilman/Member Kelly moved to: 1) that the Redevelopment Agency Board, by Minute Motion: a) authorize the execution of the Estoppel Certificate regarding the sale of the Desert Crossing Shopping Center by ACD2 and authorize the Chairman to execute that Certificate; b) approve the Amendment to the Palm Desert Redevelopment Agency Project Area No. 1 Agreement containing covenants affecting real property (Site Area 2) between the Agency and ACD2, and authorize the Chairman to execute said Agreement; c) approve the Certificate of Completion with regard to the completion of the square footage requirement on the Desert Crossing site and authorize the Chairman to execute said Certificate of Completion; and 2) that the City Council, by Minute Motion: a) authorize the execution of the Estoppel Certificate regarding the sale of the Desert Crossing Shopping Center by ACD2 and authorize the Mayor to execute that Certificate; b) authorize the issuance of the Statement Confirming Release of Property from Burdens of Agreement and authorize the Mayor to execute said Statement. Motion was seconded by Spiegel and carried by unanimous vote. B. REOUEST FOR CONSIDERATION OF PARACHUTE JUMP AND POST GOLF CART PARADE ACTIVITY. Mr. Diaz noted the report in the packets. Councilman Snyder moved to, by Minute Motion, approve a parachute jump by Parachutes Over Palm Springs at the Civic Center Park following the Golf Cart Parade on November 5, 1995. Motion was seconded by Spiegel and carried by unanimous vote. C. INFORMATIONAL ITEMS: 1. Colony CableVision of California Update. Mr. Diaz noted the report in the packets relative to complaints received for the period from September 6 through September 19, 1995. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 28, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2. Update on Interchanges: a. I-10/Washington Street b. I-10/Cook Street c. I-10/Monterey Avenue Mr. Folkers updated the Council on the status of the interchanges, noting that bids had been opened on September 20, 1995, for the I-10/Monterey Avenue Interchange. He stated that staff was satisfied that the bids received were very good bids and that the apparent low bidder was a very reliable contractor. With regard to the Monterey Avenue Bridge, Councilmember Benson stated she felt it was important to have something in the Desert Sun newspaper to remind people from time to time that this project is going on. Mrs. Gilligan noted that an official groundbreaking was scheduled for Monday, October 2, with press coverage and that an article would also appear in the City's newsletter. Upon question by Councilman Spiegel, Mr. Diaz responded that there would be a sign asking that everyone please bear with us during the 14 months of construction. He noted it would be added to the bottom of the existing signs. Mayor Crites suggested that signs be put up at Interstate 10 and Country Club Drive asking that drivers consider using alternate routes. Council agreed. 3. Update on Gardens of El Paseo. Mr. Drell reviewed the progress of this project, noting that it would be going to the Planning Commission on October 17th. He added that if Council wished, it would then be scheduled for a City Council meeting for review. IX. CONTINUED BUSINESS A. REOUEST FOR CONSIDERATION OF PROPOSED TRAFFIC SIGNAL FOR COLLEGE OF THE DESERT'S ENTRANCE ALONG FRED WARING DRIVE (Continued from the Meeting of September 14, 1995). Mr. Folkers reviewed the staff report and offered to answer any questions. Councilman Spiegel stated that unless there is enough traffic after the new library opens to justify another signal on Fred Waring, he did not see any reason for adding such a signal. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 28, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly stated he felt the intersection already had problems without the library going in, and after the library opens there will be more problems. He asked if the signals could be set so they would stay green for through traffic at times when the library and the McCallum Theatre are not open. Mr. Folkers responded that they would be traffic activated to stay green if there was no cross traffic from the College, library, McCallum Theatre, etc. Councilmember Benson stated she had no objection to having the engineering done for the signal but felt the activation should wait until it is determined it is necessary. Mr. Folkers stated that staff would come back to the Council for authorization to go out to bid for the signal. Councilman Snyder moved to, by Minute Motion, authorize staff to seek requests for proposals for the necessary engineering services for the traffic signal design for the intersection of Fred Waring Drive and College of the Desert (Contract No. C10460) but wait for installation of the signal until we see when it needs to be done. Motion was seconded by Benson. Mayor Crites stated he had no problem with going ahead with the engineering, and he agreed there were problems at the intersection early in the mornings and in the evenings when College of the Desert lets out. He disagreed that the McCallum Theatre added to the problem but said that if it did, then the McCallum should pay a quarter of the cost. He said the most the City should pay is half, not two-thirds, and said there was no way that creation of the library was responsible for two-thirds of the need for the signal. He suggested splitting the cost of the signal, with the College of the Desert and the City of Palm Desert each paying half. Councilman Snyder added to his motion direction to staff to attempt to reach agreement with the College of the Desert for 50% funding of this signal and to come back to the Council if agreement is not reached by the next meeting. Councilmember Benson agreed to amend her second. Motion carried by unanimous vote of the Council. B. CONSIDERATION OF REOUEST FROM PALM SPRINGS MAYOR PRO-TEMPORE ARTHUR LYONS FOR FINANCIAL ASSISTANCE IN FUNDING A PROPOSED ELECTRICAL DEREGULATION PROGRAM (Continued from the Meeting of September 14, 1995). Mr. Diaz noted the memorandum in the packets from Mayor Crites and stated that staff concurred with the recommendation to approve the request and appropriate $1,000.00 from unobligated general fund reserves for this purpose. 10 MINUTES - REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 28, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Crites stated that he had placed this item on the Agenda as an expression of solidarity. He said if the City of Palm Springs is successful, it will benefit all of the Coachella Valley cities. Councilman Kelly moved to, by Minute Motion, approve the request and appropriate $1,000.00 from unobligated general fund reserves to Account No. 110-4110-410-3090. MR. PAUL CAMPBELL, 73-910 El Paseo, stated he was speaking on behalf of Mr. Larry Grotbeck and read a prepared statement in support of this request (attached hereto and made a part hereof as Exhibit "A"). Mayor Crites stated that Mr. Campbell could carry back the message that the Coachella Valley Association of Governments, in a united and unanimous fashion, is going after this issue, and the real issue is that, at the State level, we have to be able to influence the Public Utilities Commission. He said electric deregulation was coming, but that did not mean that utility rates were going to go down. He said we need to make sure we end up on the side of economic deregulation in a way in which, Valley -wide, we join together with some clout to become buyers of energy in a way that allows us to have as much influence as the major corporations do. Councilmember Benson seconded the motion by Kelly but said she would like to see the amount raised to $2,500.00 to show Palm Desert's support for the program. Councilman Kelly agreed. Motion carried by unanimous vote. X. OLD BUSINESS None XI. REPORTS AND REMARKS A. CITY MANAGER 1. REOUEST FOR APPROVAL of Advance Payment for the Washington Street and I- 10 Interchange Project (Project 662/95). Mr. Diaz noted the report in the packets and offered to answer any questions. Mr. Folkers added that this was contingent upon CVAG and the County of Riverside accepting the appraisals, and if the appraisals are not satisfactory, this will not proceed. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 28, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly moved to, by Minute Motion, approve staffs recommendation to provide an advance payment to CVAG for the City's share of construction for the Washington Street and I-10 Interchange and transfer appropriation listed in the staff report dated September 28, 1995, to the Washington Street and I-10 Interchange Project. 2. REOUEST FOR CONSIDERATION of Willow Hole Area Habitat Purchase. Mr. Diaz stated that this was a request from the Coachella Valley Mountains Conservancy for the City to advance $10,000.00 for an appraisal in the Willow Hole area. This $10,000.00 would be repaid by a grant that has been given to the Conservancy. He asked that the Council authorize the advance of the funds after the agreements have been approved by the California Department of Transportation. Councilman Spiegel moved to, by Minute Motion, approve the advance of $10,000 to the Coachella Valley Mountains Conservancy for an appraisal and appropriate the funds from the Park Fee Fund. Motion was seconded by Kelly and carried by unanimous vote. 3. REOUEST FOR CONSIDERATION of Addition of a Travel Lane at the Northwest Corner of Washington Street and Fred Waring Drive. Mr. Diaz stated that a portion of the west side of Washington Street just north of Fred Waring Drive near the Breezes area had only one lane. He said the Public Works Department was moving ahead with the engineering to create an additional lane so that there will be two lanes from Fred Waring Drive to Country Club Drive. He added that staff would come back to Council in October requesting the funding to proceed with that construction. Councilman Kelly stated that we can make a tremendous impact with just a small amount of money. Councilman Kelly moved to, by Minute Motion, direct staff to proceed with whatever is necessary to add an additional lane on Washington Street so that there will be two lanes from Fred Waring Drive to Country Club Drive and bring final proposals back to the Council for approval. Motion was seconded by Spiegel and carried by unanimous vote. 4. CONSIDERATION of Memorandum of Understanding Relative to Maintenance of Recreation Facilities (Contract No. C10550). Councilman Spiegel moved to add this item to the Agenda for discussion as an item which came up after the Agenda was posted. Motion was seconded by Kelly and carried by unanimous vote. Mr. Diaz noted that staff had previously been authorized to move forward with an agreement for all participating entities for maintenance of joint use facilities in the City. He said the City would contract with the Coachella Valley Recreation and Parks 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 28, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * District to maintain Olson Field, Rutledge Strip, and the Sports Complex at Palm Desert High School. The Palm Desert High School Boosters would maintain the women's softball field at Palm Desert High School and would share the lighting costs. Desert Sands Unified School District would pay $400.00 per month for the maintenance of these facilities. He asked that the Mayor be authorized to sign the agreement along with the youth sports organizations, the YMCA, Desert Sands Unified School District, and the Coachella Valley Recreation and Parks District. Councilman Spiegel moved to, by Minute Motion, authorize the Mayor to sign the agreement for maintenance of sports facilities. Motion was seconded by Kelly and carried by unanimous vote. B. CITY ATTORNEY Mr. Erwin requested a Closed Session at an appropriate time to discuss the following items: Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section 54956.9(a): 1) Gonzales v. City of Palm Desert, Riverside County Superior Court, Indio Branch, Case No. 257063. 2) City of Palm Desert v. REFCO Capital Coro.. et al, U.S. District Court, Central District of California, Case No. CV 92-7631-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: a_ Public Employee Performance Evaluation pursuant to Section 54957 Title of Position: City Manager C. CITY CLERK None 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 28, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Appointment to Library Committee (Mayor Buford A. Crites). Mayor Crites stated that Councilman Snyder was one of the members of the Library Committee, and the other seat was previously filled by S. Roy Wilson and had never been replaced after his election to the Riverside County Board of Supervisors. Councilmember Benson stated she felt Mayor Crites should serve on this committee. Mayor Crites responded that he would serve on the Library Committee until the new Multi -Agency Library opens, and then the Council should do new appointments. With Council concurrence, Mayor Crites was selected to serve on the Library Committee until the Multi -Agency Library opens. o City Council Committee Reports: 1. Councilman Kelly stated he had thought about pulling the items regarding the electric vehicle recharging station and demonstration project because he felt they should receive special recognition for what is happening there. He said what made him feel more strongly about that was the fact that he had just visited the Clean Air Now site where they are actually using the sun to manufacture and store hydrogen. He said it was a completely stand-alone project and that vehicles could fill up and drive away. He noted that as we move ahead with out electric vehicle charging station in conjunction with our demonstration, we will be able to do the same thing -- charge our golf carts, manufacture hydrogen, have fuel cells, and have a stand-alone project where we won't need any connection with the Edison Company. He stated that a windmill was also going to be put up out at Sunline. He added that he had received a call from a science magazine which is doing a story on this project plus the City's Golf Cart Program. In addition, he said he had also received news recently that a world-wide company would be manufacturing a small electric car in Palm Desert, with a plant where they would be assembling and doing part of the manufacturing. This would begin in January and they had plans to manufacture 500, with 40% to be marketed in the City of Palm Desert. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 28, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2. Councilman Kelly stated that he would not be able to attend the groundbreaking on Monday for the Monterey Avenue Bridge as he would be riding the first MetroLink from Riverside County to Orange County. 3. Councilmember Benson stated that at the LAFCO meeting earlier that day, the Palm Desert Water & Services District came in with a petition with about 750 signatures in favor of keeping the District. The hearing was postponed for one month so they can go back to their Board to see if the District will pay for the election. She added that the matter would be back before LAFCO in October for a decision. 4. Mayor Crites stated that a report from the CVAG PM10 Task Force indicated that the new street sweepers we are using pick up approximately 85% to 90% of fine particulate matter as compared with the old brush type. He said there is enough funding between AQMD and the Federal government to have an ongoing street maintenance program to help out across the Valley. He added that of all areas in the United States that have fine particulate matter problems, we might be the first area in the United States to be certified as being in compliance. 5. Mayor Crites stated that after a couple of years of work, with the Coachella Valley Mountains Conservancy doing a good-sized portion of that work, CVAG's Executive Committee unanimously passed along to each city for consideration a Multiple Species Habitat Protection Plan which, in enacted, would give us ways to tend to the environmental problems in terms of plants and animals in a way that we will be able to avoid entanglements with the Endangered Species Act and set aside lands permanently and be ahead instead of behind like Riverside and Orange Counties. He said that Memorandum of Understanding would be before the Council next month for consideration. XII. ORAL COMMUNICATIONS - B MR. BILL BYRNE thanked the Council for its vote to support Palm Springs Mayor Pro-Tempore Arthur Lyons' request for financial assistance in funding a proposed electrical deregulation program. With Council concurrence, Mayor Crites recessed the meeting at 5:20 p.m. to Closed Session to consider items listed under City Attorney Reports and Remarks. He reconvened the meeting at 7:00 p.m. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 28, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XIII. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XIV. ORAL COMMUNICATIONS - C None XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT TO ART -IN -PUBLIC -PLACES COMMITTEE TO FILL VACANCY CREATED BY THE RESIGNATION OF MICHAEL ZAKIAN (Continued from the Meetings of August 24 and September 14, 1995). Councilman Spiegel moved to, by Minute Motion, appoint Ms. Katherine Hough to the Art -In - Public -Places Committee to fill the vacancy created by the resignation of Michael Zakian. Motion was seconded by Benson and carried by unanimous vote. B. PROCLAMATION DECLARING THE WEEK OF OCTOBER 1, 1995, AS "WASHINGTON CHARTER SCHOOL WEEK" IN THE CITY OF PALM DESERT. Mayor Crites read the proclamation and presented it to Principal Carole Horlock and several students from Washington Charter School. C. PROCLAMATION FOR THE SANTA ROSA MOUNTAINS NATIONAL SCENIC AREA VISITOR INFORMATION CENTER CONTRACTORS. Mayor Crites read the proclamation declaring October, 1995, as CalScape 1995 Month in the City of Palm Desert and presented it to Mr. Bill Wolfs of Westscape and Mr. Scott Sohn of Sohnco. He also thanked Ms. Elizabeth Green and Mrs. Ruth Watling for their coordinated efforts on behalf of the Visitor Center on Highway 74. XVI. PUBLIC HEARINGS None XVII. ORAL COMMUNICATIONS - D None 16 MINUTES _ REGULAR PALM DESERT CITY COUNCIL MEETING br r i tavIBER 28, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVIII. ADJOURNMENT With Council concurrence, Mayor Crites recessed the meeting at 7:25 p.m. to Closed Session. He reconvened the meeting at 7:50 p.m. and immediately adjourned with no action announced from Closed Session. J SHEILA R. GII.LIGAN DIRECTOR OF CO 1 ' AFFAIRS/CITY CLERK CITY OF PALM DESERT, CALIFORNIA 17 PRELIMINARY MINUTES -- REGULAR PALM DESERT CITY COUNCIL MEETING brit i,.sIBER 28, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * rdinYnii "A" y STATEMENT TO PALM DESERT CITY COUNCIL MR. MAYOR, MEMBERS OF THE COUNCIL, I HAD HOPED TO APPEAR PERSONALLY BEFORE YOU TONIGHT ON THIS IMPORTANT MATTER BUT I HAVE OUT OF TOWN BUSINESS COMMITMENTS THAT PRECLUDE ME FROM DOING THAT. NO SURPRISE TO YOU, AS I HAVE STATED WITH MY MODEST SIZED BANNERS ON HWY. 111 AND ON EL PASEO, I FEEL THAT EDISON HAS FINALLY RAISED IT'S RATE TO THE BREAKING POINT. THEY UNDOUBTLY BELIEVE THAT PEOPLE WHO LIVE HERE ARE ALL RICH AND CAN AFFORD TO PAY TWICE WHAT OTHERS PAY FOR A VITAL COMMODITY SUCH AS ELECTRICITY. AS YOU KNOW AS YOU MOVE AROUND THIS CITY AS I DO, THIS IS NOT THE CASE. IN FACT MANY PEOPLE HERE CHOOSE BETWEEN HOW COOL THEY STAY IN THE SUMMER AND THE FOOD THEY BUY. IT DOES NOT HAVE TO BE THIS WAY. HAVING WORKED FOR A MIDWEST ELECTRICAL UTILITY KNOW THAT THEY WILL TELL YOU THAT ENVIRONMENTAL CONSERVATION, ALTERNATIVE ENERGY PURCHASE MANDATES, AND THEIR EXPENSIVE NUCLEAR PLANTS ALL MAKE THEIR COSTS HIGH BUT JUSTIFIABLE. THIS IS JUST AS LAUGHABLE AS WHEN THEY SAY RATE PAYERS AREN'T PAYING FOR THEIR DECEPTIVE ADS IN THE DESERT SUN, BUT. THE ,SHAREHOLDERS ARE. SINCE EDISON _ IS GUARANTEED A FIXED PROFIT AFTER EXPENSES, GUESS WHO PAYS FOR THOSE ADS.. -BUT -THAT'S ANOTHER -MATTER. • 18 PRELIMINARY MINUTES REGULAR PALM DESERT CI▪ T▪ Y COUNCIL Nizgaii�TG _ 1r r xr i4#1BER 28, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * All DYY "A" I ASK YOU TONIGHT TO SHOW THE LEADERSHIP YOU HAVE SHOWN IN THE PAST ON OTHER ISSUES, BY SHOWING OUR CITY'S SUPPORT FOR PALM SPRING NOT THAT WE ENDORSE ANY SPECIFIC PLAN, BUT ,urra+rti FOR THEIR COURAGE AND INITIATIVE TO TRY TO FIND A it r recta.., AFFORDABLE WAY TO PROVIDE THE BASIC NEED OF ELECTRICITY TO THEIR CITIZENS. NO ONE KNOWS IF THE PATH THEY ARE ON IS THE RIGHT ONE, OR THE ONE IN THE END SHMT— WILL PAIL; BUT LET'S APPLAUD THEM FOR AT LEAST STARTING --FOR DOING SOMETHINGI THE THOUSAND DOLLARS IS ait.itazP.n HERE NOR THERE, BECAUSE WITH HUGH GRASS ROOTS .averuat. THEY HAVE RAISED THE NECESSARY FUNDS FOR THEIR FEASIBILITY STUDY. BY APPROVING THIS MEASURE OUR CITIZENS WILL KNOW YOU ARE AWARE OF THE OUTRAGEOUS RATES WE ARE PAYING EACH MONTH, AND THAT YOU CARE ENOUGH TO SENDING A CLEAR WARNING MESSAGE TO EDISON THAT WE TOO HAVE PAID TOO MUCH FOR TOO LONG AND WE WILL SUPPORT ANYONE (INCLUDING CVAG) WHO MAKES A MEANINGFUL EFFORT TO FIND A BL'11L'.A MORE AFFORDABLE WAY TO PROVIDE ELECTRICITY. BEST WISHES! LARRY GROTBECK 19