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HomeMy WebLinkAbout1996-10-24MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 24, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Snyder convened the meeting at 4:50 p.m. II. ROLL CALL Present Councilmember Jean M. Benson Councilman Buford A. Crites Mayor Pro-Tem Richard S. Kelly Councilman Robert A. Spiegel Mayor Walter H. Snyder Also Present:. Ramon A. Diaz, City Manager Doug Phillips, Deputy City Attorney Sheila R. Gilligan, Director of Community Affairs/City Clerk John Wohlmuth, ACM/Director of Administrative Services Richard J. Folkers, ACM/Director of Public Works Carlos L. Ortega, Redevelopment Agency Executive Director Pat Conlon, Director of Building and Safety Steve Smith, Acting Director of Community Development Paul Gibson, City Treasurer/Finance Director Mary P. Gates, Deputy City Clerk III. ORAL COMMUNICATIONS - A None IV. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of October 10, 1996. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant No. 26. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Blue Coyote Grill, Inc., 72- 760 El Paseo, D 1, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Dante Gabriel Nunez and Salvador Velazquez for Mamacita's, 74-991 Velie Way, #4, Palm Desert. Rec: Receive and file. E. SCHEDULE OF INVESTMENTS as of September 30, 1996. Rec: Receive and file. F. RESOLUTION NO. 96-66 - 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 (September 1996). Rec: Waive further reading and adopt. G. MINUTES of Sister Cities Committee Meeting of August 26, 1996. Rec: Receive and file. H. REOUEST FOR APPROVAL of Replacement of Existing Xerox 5100 Copier Located in the General Services Copy Room. Rec: By Minute Motion, approve replacement of the Xerox Model 5100 Copier located in the General Services Copy Room with the improved Xerox Model 5100A and authorize staff to execute the corresponding lease agreement to effect this change. I. REOUEST FOR APPROVAL of Beer Concession for 1996 Golf Cart Parade. Rec: By Minute Motion, allow the sale, possession, and consumption of alcoholic beverages on City -owned property in connection with a special event: Golf Cart Parade, November 10, 1996. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * J. LETTER OF RESIGNATION from Ms. Elizabeth Green from the City's Promotion Committee. Rec: Receive with sincere regret. K. REOUEST FOR AWARD OF CONTRACT for the 1997 Slurry Seal Program (Project No. 571/97, Contract No. C11820). Rec: By Minute Motion, award Contract No. C11820 to California Pavement Maintenance Company in the amount of $226,515.00, plus a ten percent contingency of $22,651.50, and authorize the Mayor to execute the Agreement. Funds are available from Account No. 110-4311-433-3320. L. REOUEST FOR CONSIDERATION of Economic Development Advisory Committee (EDAC) Recommendation Regarding Bylaws. Rec: By Minute Motion, ratify the EDAC bylaws, including the EDAC's recommendation that Article IV, Section 2, reflect that the "Executive Committee" be referred to in the bylaws as a "Steering Committee" which would more closely represent the responsibilities that this subcommittee would assume, with the Steering Committee to be appointed by the Chair of the EDAC. M. REOUEST FOR AWARD OF BID for Tamarisk Tree Trimming. This item was removed from the Agenda for separate discussion under Section VII, Consent Items Held Over, of the Agenda. Please see that section for Council discussion and action. N. REOUEST FOR CONSIDERATION of Promotion Committee Recommendation Relative to Producing SpringFest '97. Rec: By Minute Motion, approve the recommendation of the Promotion Committee to produce SpringFest 1997 on April 20, 1997, and appropriate $10,000 to Account No. 110-4416-414-3215 to provide for the promotion of the event. O. REOUEST FOR APPROVAL of Notice of Completion for Contract No. C11230 - Cahuilla Park Tennis Court Lighting (Project No. 586-96). Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion on the Cahuilla Park Tennis Court Lighting project. P. MINUTES of the Investment & Finance Committee Meeting of September 11, 1996. Rec: Receive and file. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Q. REOUEST FOR APPROVAL of Change Order No. 1 to the Contract with Diamond Construction for Renovation/Remodel of the Portola Community Center (Contract No. C11590). This item was removed from the Agenda for separate discussion under Section VII, Consent Items Held Over, of the Agenda. Please see that section for Council discussion and action. R. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Landscaping on the Monterey Avenue and Whitewater Channel Bridge Project 696/96 (Contract No. C12030). This item was removed from the Agenda for separate discussion under Section VII, Consent Items Held Over, of the Agenda. Please see that section for Council discussion and action. S. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for Sand Removal, Installation of Curb and Gutter, and Infill Paving on Hovley Lane East (Contract No. C 12040). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. T. REOUEST FOR APPROVAL of Notice of Completion for Contract No. C11070 - Administrative Building Lobby Interior Design. Rec: By Minute Motion, accept the project as complete and authorize the City Clerk to file a Notice of Completion for the subject project. THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO MEETING: U. CONSIDERATION OF REOUEST from American Youth Golf for City Sponsorship. Rec: Refer to Promotion Committee for report and recommendation. Councilman Spiegel asked that Item Q be removed for separate discussion under Section VII, Consent Items Held Over, of the Agenda. Councilman Crites asked that Items M and R also be removed for separate discussion. Upon motion by Kelly, second by Crites, the remainder of the Consent Calendar was approved as presented by unanimous vote of the City Council. V. RESOLUTIONS None 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI. ORDINANCES For Introduction; None For Adoption; None With Council concurrence, Mayor Snyder suspended the remainder of the Agenda at this point in order to consider Old Business Item B. See that section of the Agenda for Council discussion and action. VII. CONSENT ITEMS HELD OVER M. REOUEST FOR AWARD OF BID for Tamarisk Tree Trimming. Councilman Crites asked whether there were any qualifications in the bids as to how the companies are going to do the trimming. He said the City was spending money to hire someone to tend to its tree program, and he asked whether staff was sure the low bidder was not going to give that person more work to do. Mr. Folkers responded that this was just to trim the tamarisk trees, and the intent was just to get them trimmed down and off the road. He added that it was not a real skilled requirement on this job. Upon question by Councilman Crites, Mr. Wohlmuth responded that the Urban Forester was scheduled to be on board by December 1, 1996. Mr. Folkers added that staffs intention was to do this contract very shortly. Councilman Crites moved to, by Minute Motion, award the bid for pruning and topping of Tamarisk trees along Merle Drive to Desert View Tree Service, Palm Desert, in the amount of $12,000.00. Motion was seconded by Kelly and carried by unanimous vote. Q. REOUEST FOR APPROVAL of Change Order No. 1 to the Contract with Diamond Construction for Renovation/Remodel of the Portola Community Center (Contract No. C 11590). Councilman Spiegel stated that he had visited the Community Center with Councilmember Benson and had seen all of the changes with regard to taking down walls, etc. He asked if staff anticipated any other charges. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Conlon responded that there were no other anticipated change orders for the general contractor. He said prewiring had been done for phone and data, and there would be a charge in the near future for the actual terminal blocks to connect the phone and data system together. He said a budget would also be developed that would be brought back to Council for maintenance expenses for the following year. Councilman Spiegel asked when staff expected to begin occupying the building, and Mr. Conlon responded that it should be the second week in November. Councilman Spiegel added that he felt staff had done an excellent job on the building, and he congratulated Mr. Conlon. Councilman Crites moved to, by Minute Motion: 1) Approve Change Order No. 1 to the subject contract in the amount of $21,508.00 for additional work performed by Diamond Construction in the renovation/remodel of the Portola Community Center; 2) authorize the Director of Finance to transfer $21,508.00 from the contingency to the base contract. Motion was seconded by Spiegel and carried by unanimous vote. R. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Landscaping on the Monterey Avenue and Whitewater Channel Bridge Project 696/96 (Contract No. C 12030). Councilman Crites stated that the City had in the past several years processed a number of agreements in terms of how we are implementing new landscaping projects and the kinds of checks they go through. He said we had also tried to make sure that along public medians we are not installing turf where we would have sprinkler problems. He said he was checking to make sure those guidelines are being adhered to with this contract. Mr. Folkers responded that staff had been working with both of the adjacent country clubs. He said staff had tried to get them to go with drought resistant landscaping; however, they wanted to have turf similar to what they have north and south of this location. He added that the design as staff has it does move the landscaping in from the curb, but it does provide for turf. Councilman Crites expressed concern that putting in turf will cause more problems and create more bills for the City of Palm Desert because water would be damaging the pavement when the wind blows the water into the streets. Councilman Kelly stated that this was a situation where we would just be putting something back that they already had, and he said they were adamant about the changes. He suggested that Councilman Crites go out to the country clubs and discuss this situation with them and see if he can sell them on the idea of drought resistant landscaping. Mr. Folkers stated that he would be happy to go along and provide any support he could. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites responded that he would be glad to discuss this with them. He said he would start with the issue that if they want to do that on public right-of-way and take care of the street repairs, then that would be fine. Councilman Kelly said he felt as strongly as Councilman Crites about drought resistant landscaping, but he also had some empathy with people who did not agree and wanted to do things a different way. Councilman Crites stated he would be willing to move for approval as it is with the stipulation that the country clubs sign an agreement that pavement damage from overspray is their responsibility. Mr. Folkers suggested that we take the representatives of the country clubs over to Thunderbird Country Club along Highway 111 so they can see what has been done with drought resistant landscaping. He added that staff would recommend that the matter be continued for two weeks to see what can be done. Councilman Kelly moved to continue this matter to the meeting of November 14, 1996, and take one more shot at convincing the country clubs to have a different type of landscaping. Motion was seconded by Benson and carried by unanimous vote. VIII. NEW BUSINESS A. CONSIDERATION OF APPROVAL OF AN EXCEPTION TO THE EXISTING SIGN PROGRAM FOR BEST BUY (SIGN TYPE, HEIGHT ON WALL, AND NUMBER OF APPROVED COLORS) AT THE FORMER ONE ELEVEN TOWN CENTER ON THE WEST SIDE OF TOWN CENTER WAY BETWEEN HIGHWAY 111 AND FRED WARING DRIVE, Case No. PP 86-28 Amendment #2 (David Geiser, c/o MCG Architects, Applicant). Associate Planner Steve Smith reviewed the staff report, noting that the Architectural Review Commission had unanimously approved this request. He offered to answer any questions. Councilmember Benson stated she agreed the center needed to be revitalized, but she did not want it to go from bad to worse. Councilman Crites asked whether there were other buildings in the City that were 42 feet high and had such striking colors, and Mr. Smith responded that he was not familiar with such buildings in Palm Desert. Upon further questions, Mr. Smith responded that the maximum permitted height per code would be 20 feet, and there were a few signs in the City above the 34-foot height. MR. DAVE GEISLER, MCG Architects, responded to a question by Councilman Spiegel and stated that there were no Best Buy signs that did not contain the blue color. He added that 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * this sign was their trademark. He said the current center was very bland color -wise, and they were trying to do the tower elements and color to create some visual interest. He said that with Best Buy at this location, the center already was close to 90% leased at this point in time. Councilman Spiegel stated that while he really would like to see Best Buy at this location because they would make good neighbors and they have a proud retail history, he felt the end of the building just did not look like Palm Desert. Councilman Crites moved to, by Minute Motion, not affirm the recommendation of approval for the exceptions Listed in the staff report and direct the applicant back to Architectural Review Commission and ask that the Commission, while considering the rest of the elements to the shopping center, also consider the entirety of the center and look at the height, color choices, and signage. Motion was seconded by Benson. Councilman Spiegel stated that the Council did not want to do anything to hurt Best Buy's business and wanted them to be successful. Mr. Geisler stated that the applicant had met with Architectural Review Commission on three separate occasions and worked with them to come up with what he felt was a successful proposal. He added that the Commission was excited about this project in its entirety. He added that he still felt this was the right thing to do. He asked for further direction and asked whether this meant that Best Buy was not going to go into the center because the Council does not like the blue wedge which is their trademark look. Mr. Diaz stated that similar cases had been reviewed in the past with other major tenants. He said the City is stating it wants to work with the applicant and is directing that the applicant return to the Architectural Review Commission to see what can be worked out. He added that the Council was not saying it did not want Best Buy in the center, it was only indicating that it just wants the store to reflect the Palm Desert image, which would be good not only for the City but also for the business. Councilman Kelly stated that he is usually a person who is in favor of letting people have their signs; however, in this case, he felt this was either a bad drawing or the sign was going to look bad. He said his objection was not to the height, but the drawing made the sign look gaudy, He said he would like the sign to be more subdued so it does not jump out at you. He added that with all of the things the Architectural Review Commission has sent through to the Council, he was amazed it would approve this unanimously. He said he felt it did not look like Palm Desert. Councilman Crites stated that many other companies had come in with colors that did not fit Palm Desert and then changed to colors that did fit in. He said he was sure that would happen with this particular business also. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly stated there was also the issue of compatibility, and if the Council allows something that jumps out that much, it is not fair to the rest of the people who have been told in the past they could not do the same thing. Councilman Spiegel agreed and said a comment had been made earlier that we need to look at the entire center. He agreed with that comment and said he felt the sign should be compatible with the center. Councilmember Benson stated that when the remodel of the center was approved previously, the corner tower element was down at the other end of the project. She commended the applicant on the side part of the tile; however, in the middle is what she felt was a monstrosity that takes away from the good that the applicant was doing. Mr. Geiser stated that the request for approval was for sign height and specific colors. he asked if they would have to revisit the color as well as the height. Councilman Crites stated that the motion was to go back and consider this in light of the signage program for the entire center to see how it fits. Mayor Snyder called for the vote. Motion carried by unanimous vote of the Council. B. REOUEST FOR CONSIDERATION OF AGENCY PAYMENT FOR COST OF PUBLIC IMPROVEMENTS. Councilman Crites moved to waive further reading and adopt Resolution No. 96-67 malting findings pursuant to Health and Safety Code Section 33445 in connection with the payment by the Palm Desert Redevelopment Agency for all or part of the cost of the installation and construction of public improvements owned by the Riverside County Superintendent of School District ("District"). Motion was seconded by Spiegel and carried by unanimous vote. C. REOUEST FOR APPROVAL OF CHANGE OF OWNERSHIP FOR VILLA AT PALM DESERT, A 77-UNIT ASSISTED LIVING SENIOR COMPLEX LOCATED AT 44-300 SAN PASCUAL. Mr. Diaz noted the report in the packets and offered to answer any questions. Councilman Spiegel asked how the sale could have happened without getting this approval in advance. Mr. Drell responded that the title company must have made an error because this is a recorded agreement. He said that ultimately the lender did find it. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilmember Benson asked with regard to the five units to be rented to supplemental security income recipients whether there was anything in their that Palm Desert residents would have priority. Mr. Drell responded that it had been staff's direction as a policy to tell them to do that, but he was not sure whether it was in the agreement. Mr. Erwin stated that if the agreement is being changed, technically it would be a noticed public hearing to accomplish that. Councilmember Benson stated that she knew there were at least five people in Palm Desert who would qualify for those, and she wanted to make sure they had priority over those coming from other places. Councilmen Kelly and Spiegel agreed. Mr. Drell stated that the manager of the project was available to answer any questions. MR. ROBERT NUNN, Executive Director for Hacienda de Monterey and the Villa at Palm Desert, stated his residence address was 73-857 Krug Avenue and added that he had been at the Villa at Palm Desert for the last seven years. He said he understanding was that the majority of the SSI residents were Palm Desert residents. He said this consideration could be made a priority in their recruiting of new residents. Councilman Spiegel asked whether it could be added to the agreement. Mr. Erwin suggested that the Minutes of this meeting reflect that based upon this gentlemen's representation and give him an opportunity to review the agreement and see if anything further is necessary. Councilmember Benson stated she would just like to make sure residents of Palm Desert have priority. Councilman Spiegel moved, by Minute Motion, consent to change of ownership from Villa at Palm Desert Retirement Villas Ltd. to ARV, with the stipulation as stated by Mr. Erwin. Motion was seconded by Crites and carried by unanimous vote. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. REQUEST FOR APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH BARBARA SINATRA CHILDREN'S CENTER (Contract No. C12050). Mr. Diaz noted the report in the packets and said this was part of the Block Grant funds program. He stated that Mr. Ray Janes was available to answer any questions. Councilman Kelly moved to, by Minute Motion, approve a Memorandum of Understanding between the Barbara Sinatra Children's Center (BSCC), and the City of Palm Desert to permit the distribution of Community Development Block Grant funds (Contract No. C12050). Motion was seconded by Spiegel and carried by unanimous vote. E. REOUEST FOR APPROVAL OF REFUND OF PRIOR YEAR'S BUSINESS LICENSE FOR DATE PALM ENTERPRISES (License Nos. 94-11071 and 95-11071 for Fiscal Years 1994/95 and 1995/96). Mr. Diaz noted the memorandum in the packets and stated that the applicant had apparently paid for two business licenses for one business. Councilman Spiegel moved to, by Minute Motion, approve the refund of $200.00 for Date Palm Enterprises from prior fiscal years 1994/95 and 1995/96 for Business License No. 95-11071. Motion was seconded by Crites and carried by unanimous vote. F. INFORMATIONAL ITEMS: 1. 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 and offered to answer any questions. 2. Progress Report on Retail Center Vacancies. Mr. Diaz noted that the new Retail -Tourism Revitalization Committee had met for the first time earlier that day and discussed various proposals for the Palms to Pines area. In addition, the Committee was continuing discussions with Best Buy as far as the future entrance to the 111 Town Center. 3. Status Report on Neighborhood Traffic Control Programs. Mr. Folkers reviewed the report and offered to answer any questions. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 4. Report Relative to Impacts of Proposition 218. Mr. Gibson noted the report prepared by MuniFinancial and distributed to the Council (on file and of record in the Department of Community Affairs). MR. DON WEBBER, MuniFinancial, briefly reviewed the report, noting the different areas that could be impacted by Proposition 218. Councilman Spiegel asked that, if this proposition passes, staff provide to the Council a list of all of the special assessment districts that would be affected. Council concurred. IX. CONTINUED BUSINESS None X. OLD BUSINESS A. REOUEST FOR AWARD OF CONTRACT FOR THE 1996/97 RESURFACING PROGRAM, PHASE II (PROJECT 762/97, CONTRACT NO. C11930). Councilman Crites moved to, by Minute Motion, award Contract No. C11930 to Granite Construction Company in the amount of $319,606 plus a ten percent contingency of $31,960.60 and authorize the Mayor to execute the agreement; funds are available from Account No. 110-4311-433-3320. Motion was seconded by Kelly and carried by unanimous vote. B. CONSIDERATION OF SUNLINE SERVICES GROUP UTILITY ACQUISITION. Mr. Diaz noted that he had prepared a letter to the Director of Sunline Services indicating the feeling that at this point activities being undertaken by this group are unclear and need to be clarified. He said former Palm Springs Councilman Art Lyons had been invited to attend this meeting inasmuch as he had been very active in that city's efforts in terms of acquiring lower cost power. In addition, there were representatives of Imperial Irrigation District present to address the issue. He said that there had been discussion in the past about other methods of providing low power, one of them being aggregation, which was reviewed at the League of California Cities meeting last week. He said if Council concurred, it was staff's belief that the appropriate body in which to discuss this joint powers agreement should be with CVAG which was the organization established to look at joint powers agreements and solutions to problems outside the transportation arena. MR. ART LYONS stated that he was in attendance to listen. He said he was curious as to what was going on at this point and was anxious to hear from Imperial Irrigation District because it had been said in the newspapers that they were not interested in selling off their infrastructure. He said it was against the law for one public agency to take over another public agency. In addition, he said it was not in Sunline's charter that they are geared for 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * or chartered to be in the electric business. He added that he did now know what was being proposed here. MR. BILL CONDIT, President of the Board of Directors of the Imperial Irrigation District, 1634 Smoketree Drive, El Centro, said he also was mystified about what is going on and that he had read in the papers where there was a proposal that the District was going to be purchased or taken over or that a hostile takeover was going to occur. He said they had in the past heard rumors and had people approach the District relative to buying the District's interest in the power structure in the Coachella Valley, and at that time they did not really take any of it seriously; however, since then the District had decided to adopt a resolution to clear the air. He noted that they were not interested in selling the District and felt they supplied power in this area at a low cost compared to their competitor utility companies in the adjoining areas. He said the District's rates were lower, and they saw no real advantage to selling to anyone else, especially if they are planning to take Edison and Imperial Irrigation District and combining the rate. He said they undoubtedly could provide a lower rate to the Edison customers by raising the rates for the Imperial Irrigation District customers, and he did not feel this would be a good thing to do. MS. ROSEMARY GONZALEZ read Resolution No. 2396 of the Imperial Irrigation District (attached hereto and made a part hereof as Exhibit "A"). She said she had two other items to bring to Council. She said that the District wanted to open a dialog with the City of Palm Desert to address its needs, and the District would be contacting staff in the future to meet and discuss these needs. She invited the Council to submit name or names of Councilmembers or staff to serve on the Power Consumer Advisory Committee which studies issues pertaining to Imperial Irrigation District and its customers and makes recommendations to the Board of Directors. Councilman Crites asked if his understanding was correct that if possible, Imperial Irrigation was willing to expand its sphere and include Palm Desert. Mr. Condit responded that the City would have to discuss this with Edison. He said the District had considered this several times and had received petitions requesting that it cover Palm Desert. However, there are agreements with Edison, and both of the utility companies observe those agreements. He added that the idea of having someone on the Advisory Board went along with the fact that they were trying to get better representation to this area. He said he would be happy to represent everyone in this area. Councilman Crites commended Mr. Condit for having such a fine employee as Ms. Gonzalez who consistently attends City Council meetings and voices the District's issues and concerns. MR. JACK WYATT, Regional Manager for Southern California Edison, Riverside and Imperial Counties (with San Bernardino County being added on November 1, 1996), addressed Council, He noted that several previous Edison representatives were retiring and that an announcement would be coming shortly relative to the addition of Mary Drury to the 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Valley staff. He noted his address was 26200 Menefee Road, Menefee, Riverside County. He said he did not have a lot of specifics as far as what Sunline was planning to do. He said he had attended the La Quinta City Council meeting last week, and Sunline was not able to attend to provide information to him. He said he recognized that the Sunline proposal may involve a municipalization plan involving cities in Edison service territory in addition to the joint powers authority composed of cities located in Imperial Irrigation District's service territory. He said he wanted to be clear that a government municipalization of Edison's system would be very costly and would be done at great risk. He said simply substituting one monopoly for another at a time when competition is coming to the electric industry he believed would not be in the public interest. He said customers would soon be able to choose their electric provider in Edison service territory because of the electric industry restructuring process which provides for customer choice. Once the utility industry restructuring begins, customers may not wish to choose a city or another government energy provider to be their supplier, and it may be an aggregation that could take place. He added that he had a news release to leave with the Council from the Public Utilities Commission on the Governor's signing of the restructuring legislation. He said they were curious as to why Sunline continues to discuss and consider what he understood was an unsolicited proposal in Closed Session without public consideration and discussion. He said what Sunline Services Group's JPA staff appeared to be asking local jurisdictions to do was to approve a Memorandum of Understanding which commits the JPA to further action and financial support prior to public disclosure and discussion. He felt this process seemed to be opposite the accepted process of public information and discussion first, followed by the consideration of elected officials, and then determination of support, both political and financial. He said he joined the City in hoping that this particular subject will become more open to public disclosure and available for public discussion. Councilman Crites stated that Mr. Wyatt was one of the citizens that the two members of the County's Air Quality Board requested to look through this year's Air Quality Management Plan and to make comments on it. He said it was a pleasure to have the opportunity to serve with him, and he welcomed Mr. Wyatt to the Valley. He said as the City's representative at the last Sunline Services Group meeting, there was vigorous discussion about whether or not this was appropriate for Closed Session. He said a vote was taken, and the City of Palm Desert and other agencies were in the minority. He added that he had remained because he felt the City should know what was discussed. He said if his colleagues felt this was improper for him to remain during that discussion, he apologized. Councilman Spiegel asked whether it would be appropriate for the City Manager to read the letter written to Mr. Cromwell and to ask the Council to endorse it. Mr. Diaz read the letter and offered to answer any questions. Councilman Crites stated that there was also a Memorandum of Understanding (MOU) presented to the City several weeks ago, and he hoped legal counsel had an opportunity to review it. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Erwin responded that he had seen both the original MOU and a revised MOU and that there were substantial legal questions concerning that. Councilman Crites asked that wording be added to the letter that due to lack of public input and outstanding legal issues with the proposed MOU, the City of Palm Desert is appropriately precluded from any positive vote on the MOU at this time. Councilman Spiegel moved to, by Minute Motion, endorse the letter with the change as indicated by Councilman Crites. Motion was seconded by Benson and carried by unanimous vote. Upon question by Councilman Kelly, Mr. Lyons reviewed the manner in which the City of Palm Springs went about this. XL REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY 1) Report and Action on Items from Closed Session Made at This Meeting. None 2) Request for Closed Session Mr. Erwin noted the items listed for Closed Session, including an additional item listed on a Council Addendum (#1 below) and an additional item as follows: Conference with Legal Counsel - Existing Litigation pursuant to Section 54956.9(a): Nieves v. Palm Desert, Superior Court of Riverside County, Case No. 085009 Councilman Spiegel moved to add this item to the Agenda for Closed Session. Motion was seconded by Snyder and carried by unanimous vote. #1 Conference with Legal Counsel - Existing Litigation pursuant to Section 54956.9(a): Names of Parties: City of Orange, et al. v. Alabama Treasury Advisory Program, et al Case or Claim Numbers: Superior Court of the State of California for the County of Los Angeles, Case No. BC106461 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2 Conference with Legal Counsel - Existing Litigation pursuant to Section 54956.9(a): City of Palm Desert v. Western Waste, Riverside County Superior Court, Case No. 090744 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: 2 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 x Terms of Payment Councilman Spiegel moved to adjourn the meeting to Closed Session at 6:05 p.m. for purposes as listed on the Agenda and noted by the City Attorney. Motion was seconded by Kelly and carried by unanimous vote. Mayor Snyder reconvene the meeting at 7:00 p.m. C. CITY CLERK 1. Update on Special Events. Mrs. Gilligan noted the memorandum relative to the Golf Cart Parade and offered to answer any questions. D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Consideration of a Computer for the City Council Offices (Councilman Robert A. Spiegel). Councilman Spiegel stated that the Council had asked Ray Janes to submit a proposal for a $500,000 grant to the Wellness Foundation for educating seniors in the use of computers. He said the City of Palm Desert was one of the finalists and should know by November whether or not we get that money. He said no decision had been made yet as to where those monies would go, 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * but they might go to the Joslyn Cove Senior Center, the Library, etc. He said it would be $500,000 for three years to teach seniors how to use computers. Councilman Spiegel expressed concern that Palm Desert was one of the only cities its size in California where the Council does not have a computer. He said most of the other cities communicate with their constituents through E- mail. He said the Council offices had space for the equipment, and he felt the Council should have an IBM compatible/pentium computer for Council use. He said not only could Councilmembers communicate with constituents, but they could find out any time where a bill stands, whether it passes or not, what effect it would have on the City both from the State standpoint and the Federal Government, etc. He added that he felt the City was remiss if it did not have a computer available to the Council. Councilman Crites stated that he would have no interest in having such a computer available to him. Councilmembers Benson and Kelly agreed. No Council action was taken on this matter. o City Council Committee Reports: 1. Councilman Kelly stated that we are reaching that stage with the Materials Recovery Facility (MRF) Task Force where they will be wanting us to cast a vote as to whether we will be in or out of the MRF Task Force. He said another thing they would be asking us to vote on was which one of the two companies we will work with. He said he felt this should be on the Agenda for the next meeting so Council can give him instruction as to what they would like him to do. He said he felt it was important not to vote on which company to use until we find out who all the players will be. He added that he would insist first on a vote as to who the players will be. He noted that he had looked at MRF's done by both companies, and the Technical Committee would be coming back with a report on who it will recommend. 2. Councilman Kelly noted a memorandum received from the Riverside County Transportation Commission requesting support of an Inland Empire Routing of High Speed Rail between Los Angeles and San Diego. He asked that this matter be added to the Agenda for discussion. Councilman Crites moved to add this item to the Agenda for discussion. Motion was seconded by Spiegel and carried by unanimous vote. Councilman Kelly stated that there were basically two routes, one an inland route and the other a coastal route. He said although the inland route was 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * longer, it was also faster than the coastal route, and he recommended support of the inland route. Councilman Kelly moved to waive further reading and adopt Resolution No. 96-68 in support of the inland route. Motion was seconded by Crites and carried by unanimous vote. XII. ORAL COMMUNICATIONS - B None XIII. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XIV. ORAL COMMUNICATIONS - C None XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PROCLAMATION DECLARING THE MONTH OF OCTOBER, 1996, AS "SOROPTIMIST INTERNATIONAL MONTH". Mayor Snyder presented the proclamation to Margaret Henderson, first Governor of Soroptimist International of Palm Desert. Ms. Henderson stated that there were 100,000 members of Soroptimist in 112 countries, and every one is out doing service in their communities as the Palm Desert Soroptimist members do in Palm Desert. She added that the Soroptimists appreciate the City as much as the City appreciates the Soroptimists. B. SPECIAL PRESENTATION AND AWARDS FOR 1996 MINI -MUSTER PROGRAM. Councilman Kelly stated that it had been his pleasure to work with the Historical Society on the Mini -Muster Program. He introduced Co -Chairs B.J. Callahan and Dan Callahan, Fire Department representative John McLaughlin from Fire Station #33, and Dennis Dawson, as well as a representative of the Desert Sands Unified School District. He presented proclamations to the Riverside County Fire Department and Department of Forestry, the Historical Society, Fire Station #33, and Desert Sands Unified School District. Mrs. Callahan made presentations to the Desert Sands Unified School District and to all the teachers who participated in the event. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly presented plaques to several school children, and Mr. Callahan presented awards to the firefighters. Mrs. Callahan made a final presentation to the firefighters of thank you letters submitted by various school children that she said typified the enthusiasm and learning that went on with the event. She then thanked Ms. Jan Coleman for all of her hard work on behalf of the Historical Society. XVI. PUBLIC HEARINGS A. REOUEST FOR CONSIDERATIQN OF APPROVAL OF AN AMENDMENT TO THE EL PASEO PEDESTRIAN COMMERCIAL OVERLAY ZONE, case No. ZOA 96-3 (Continued from the Meeting of October 10, 1996). Mayor Snyder noted that this public hearing was still open and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered. Councilman Crites moved to continue this matter to the meeting of January 23, 1997, at the request of the El Paseo Parking and Business Improvement Area Board. Motion was seconded by Spiegel and carried by unanimous vote. XVII. ORAL COMMUNICATIONS - D None XVIII. ADJOURNMENT Upon motion by Crites, second by Spiegel, and unanimous vote of the Council, Mayor Snyder adjourned the meeting at 7:35 p.m. ATTEST: Li (i46 SHEILA R:—GILLIGAI;T ') DIRECTOR OF COM ,Al2,di," WALTER H. SNYD 7, MAY NITY AFFAIRS/CITY CLERK 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT "A" IMPERIAL IRRIGATION DISTRICT Resolution No. 23 -96 Resolution Opposing the Sale of District Facilities or any Portion Thereof WHEREAS, Imperial Irrigation District (District) was organized on July 25, 1911 by the people of Imperial Valley under the California Irrigation District Act as a political subdivision of the State, operating under the Califomia Water Code; and WHEREAS, in 1936, the District entered the electric power business, serving all of the Imperial Valley and a large portion of the Coachella Valley since 1943; and WHEREAS, the District's power rates are among the lowest in Califomia and the Southwestern United States and will continue to provide low rates as we enter an era of deregulation of the electric utility industry; and WHEREAS, the transmission and generation system facilities that serve the Imperial and Coachella Valleys are fully integrated and dependent upon one another so that customers receive comparable service at consistent rates throughout; and WHEREAS, the Board of Directors and management have committed to a $55 million program to keep the system reliable and modem to reduce the possibility of outages; and WHEREAS, the District is increasing efficiency and implementing cost -saving measures while preparing to meet the new deregulated electric utility environment; and WHEREAS, the District's Board of Directors and management have no intent to dispose of any portion of the District's electrical system. NOW, THEREFORE, BE IT RESOLVED as follows: (1) That the Imperial Irrigation District has not and will not enter into negotiations with any private or public entity for the sale of District facilities or any portion thereof. (2) That the imperial Irrigation District will vigorously oppose any attempt by others to acquire any portion of the District's electrical system. PASSED AND ADOPTED this 22nd day of October 1996. IMPERIAL IRRIGATION DISTRICT By mil/ President By Secretary SYSTEM Copies Mr Clinton, Mr. Carter, Mr. NoYsr, External Affairs, General Files 20