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1992 - MINUTES - 7/1/1992
3 1 CITY OF PALM SPRINGS CITY COUNCIL MINUTES JULY 1, 1992 A Regular Meeting of the City Council , of the City of Palm Springs, California, was called to order by Mayor Maryanov in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday„ July 1, 1992, at 7:30 p.m. ROLL CALL: Present: Councilmembers [lodges, Lyons, Reller, Schlendorf and Mayor Maryanov Absent: None The meeting was opened with the salute to the Flag .and an invocation by Dr. Ann Martin, Unity Church of the Desert. REPORT OF POSTING OF AGENDA: Report of Assistant City Clerk: Agenda posted in accordance with Council procedures on June 26, 1992. PRESENTATION: Resolution 17895 commending Janine Paquette, former DARE Officer was presented; after which, it was moved by Reller, seconded by Schlendorf, and unanimously carried, that R17895 be .adopted. COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the purpose of convening as the Community Redevelopment Agency; after which, members reconvened as the City Council . HOUSING AUTHORITY, INDUSTRIAL DEVELOPMENT AUTHORITY, AND FINANCING AUTHORITY - No business APPROVAL OF CITY COUNCIL MINUTES: It was moved by Schlendorf, seconded by Lyons, and unanimously carried, that the Minutes of June 17, 1992 be approved. PUBLIC HEARINGS: 1. AA 3.1072 - MOUNTAIN SHADOWS APPEAL Consideration of appeal by Mountain Shadows Homeowners Association from Planning Commission decision to deny use of roofing material and exterior colors for condominium project at 2000 Golf Club Drive. Director of Planning & Zoning stated that the item was an appeal ; that on June 24, 1992, Planning Commission did reconsider the roof tile material ; that the homeowner association representatives were agreeable to the proposed change; and recommended the Council continue the item to August 19, 1992 to allow the homeowner association to consider the roof tile suggestions. City Manager recommended that the hearing could be continued to September 2, 1992. Mayor declared the hearing open; there being no appearances, the hearing was continued. Motion to continue the matter to September 2, 1992 was presented; after which, it was moved by Reller, seconded by Lyons, and unanimously carried, that: the matter be continued to September 2, 1992. Council Minutes 0 31 .5 7-1-92, Page 2 PUBLIC HEARINGS 2. TPM 26805 - DESERT HOSPITAL REHABILITATION CENTER Recommendation: That the Council approve Tentative Parcel Map to allow a rehabilitation center and parking lot on Mel Avenue, between Via Miraleste and Indian Canyon Drive, as part of the hospital expansion, PD 185, Section 11 City Manager stated a letter had been received dated July 1, 1992, from Hill , Farrer & Burrill , representing Gloria Cohan and Sheila Duffy opposing the adoption of the tentative tract map. Planner III reviewed the staff report and added that the consolidation of the lots are all a part of the Desert Hospital expansion; and recommended that one of the conditions of the recordation of the map is that title to all properties is held by the City; and that the City Attorney has advised that the City can legally proceed with the process. Councilmember Reller stated time was needed to review the letter from Hill , Farrer & Burrill . Mayor declared the hearing open. Bob Mainero, Mainero, Smith & Associates, representing Desert Hospital , stated that any questions regarding the tentative map could be answered, and requested approval of the matter. There being no further appearances, Mayor declared the hearing closed. Resolution 17896 as revised, was presented, after which; it was moved by Schlendorf, seconded by dodges, and unanimously carried, that R17896 be adopted. 3. TTM 27039 - DESERT HOSPITAL OFFICE BUILDING Recommendation: That the Council approve a Tentative Tract Map to divide 6.73 acres into two parcels for a 4-story condominium office building with two levels of underground parking on the SE corner of Indian Canyon and Paseo El Mirador, under PD 185, Section 11. Planner III reviewed the staff report and recommended that the map be recorded when all title to properties involved is secured. Mayor declared the hearing open, there being no appearances, the hearing was closed. Mayor suggested that Desert Hospital use every effort to employ local people for jobs that would be created. Resolution 17897 as revised, was presented, after which; it was moved by Schlendorf, seconded by Hodges, and unanimously carried, that R17897 be adopted. ry Council Minutes 7-1-92, Page 3 PUBLIC HEARINGS: 4. ZTA 5.0400 - MISCELLANEOUS AMENDMENTS On January 3, 1992, the Council continued hearing on recommendation that the Council approve a number of amendments, additions or deletions to the Zoning Ordinance, including specialty market places; child care centers; single-family residence parking; street:-level offices in the CBD; additional retail/service uses in commercial/industrial zones; downtown parking; shopping center setbacks; outdoor uses in commercial zones; parking for highrise buildings; handicapped parking spaces; monument, customer convenience & neon signs; architectural review process; and other miscellaneous amendments, pending detailed review in study session. Director of Planning & Zoning stated that; the matter was reviewed in depth at the last study session, and added that a supplemental report and ordinance was prepared to include Council direction; that the matter of neon signs, and parking for highrise buildings is recommended to be referred back to the Planning Commission for further review; and further reviewed the revised ordinance by section. Councilmember Schlendorf questioned if merchants were part of the review process for changes in the downtown areas. Planning Director stated that the property owners seemed supportive of the changes; but that a better process of communication would be used for future changes. Councilmember Schlendorf stated that citizen involvement is important; that this Council is government by the people; and that one needs to be aware of that. City Manager stated that the thrust of the zoning amendments is to make doing business in Palm Springs easier. Planning Director stated that the adoption of the amendments is the first round of the many that will be taking ;place within the General Plan Adoption. Councilmember Rel'ler questioned the process by architectural review. Mayor declared the hearing opened, there being no appearances, the hearing was closed. Mayor stated that staff has been responsive to the concerns of the Council and the public. Assistant City Clerk read title of the Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING ORDINANCE IN REGARD TO SPECIALTY MARKET PLACES; CHILD CARE CENTERS; SINGLE••FAMILY RESIDENCE PARKING; STREET-LEVEL OFFICES IN THE DOWNTOWN; ADDITIONAL RETAIL/SERVICE USES IN COMMERCIAL/INDUSTRIAL ZONES; DOWNTOWN PARKING; SHOPPING CENTER SETBACKS; OUTDOOR USES IN COMMERCIAL ZONES; HANDICAPPED PARKING SPACES; MONUMENT, ARCHITECTURAL REVIEW; AND VARIOUS OTHER MISCELLANEOUS AMENDMENTS. Councilmember Hodges thanked the Planning Commission for the diligent work, and streamlining the process. It was moved by Hodges, seconded by Lyons, and unanimously carried, that further reading be waived, and the Ordinance be introduced for first reading. 0A3 Il 5llI1 "j [�' Council Minutes 7-1-92, Page 4 PUBLIC HEARINGS: 5. SECTION 19 LAND ACQUISITION - RES. OF NECESSITY Recommendation: That the Council adopt a Resolution of Necessity fur the acquisition of 13 "railroad" lots east of E1 Cielo, south of Mesquite Avenue, for the McCallum Desert Reserve and ''Equestrian Center; notice has been given to property owners, as required. City Manager recommended the matter be continued to July 15, 1992. Mayor declared the hearing opened. Avedis Kasparian, Glendale, stated that the City had notified him of the hearings regarding the taking of his property; that City Officials had told him that his .land is not buildable, and that the offer from the City is a valid one; that the Youth Center is built on a lot next to his property; that his land should be likewise buildable; that a letter had been received from the Army Corps of Engineers, but after calls to City Hall no telephone numbers could be obtained for the engineers; that no one was able to answer questions regarding the taking of his property; and that he is against the project. Mayor stated that questions regarding the letter from the Army Corps of Engineers, should be directed to it. City Manager stated that the land is needed for the development of the McCallum Preserve, Golf Course Expansion, and for the widening of El Cielo Road; and that staff can meet with Mr. Kasparian to discuss the process. It was moved by Lyons, seconded by Reller, and unanimously carried, that the matter be continued to July ?5, 1992. 6. TTH27388 - COACHELLA VALLEY HOUSING COALITION On June 3, Council continued consideration of application by Coachella Valley Housing Coalition to subdivide 7.74 acres located on Sunrise Way north of San Rafael Drive, 0-5 Zone, Section 35. Planning Director stated that notice of a neighborhood meeting had been mailed to property owners regarding the proposed project; that only two of property owners appeared for the hearing; that future mailings will include Council direction to broaden the mailing area; that the Planning Commission did recommend the project; that final plans will be presented to Council at a subsequent meeting; that an action plan is in place to comply with the General Plan; that the project needs to move forward; that eventually the entire area will be revived including the Mobilehome redesign, neighborhood parks, boundary walls; that the lots proposed are larger than what is legally required; and that the self-help housing program has a good track record. Council Minutes 7-1-92. Page 5 6. TTM27388 - COACHELLA VALLEY HOUSING COALITION (Cont'd) Planning Director in answer to question by Schlendorf, stated that the only portion of the plan being considered by Council at this time, is the single family residential E�©r'a;i®rrD Mayor declared the hearing open. Bob Mainero, Mainero, Smith & Associates, representing Coachella Valley Housing Coalition, stated his firm prepared the maps for the project and is available for any questions; and urged approval of the project. Elizabeth Glass, Desert Park (Estates, stated that she was not notified of any previous meetings regarding the project, that only persons living in Sunrise Norte were; that everyone should be included in the meetings; that formal request is made to be included in any meetings regarding the project; that the report had mentioned that the homes that would be built are similar to homes built in Palm Desert, and she thought it would be a good idea to see those homes; that the square footage of the homes has not been mentioned, nor the lot size; that if the homes are priced at $55,000-62,000 the property values for the area will decline; that the homes are geared for low-moderate income; that the area will have a high concentration of low-income properties; that moderate income families are needed; that code violations are rampant in the area; that with the influx of more low-income families, the code violations will continue and increase; that the home owners of the area have a concern for the area; that the location of the neighborhood park has never been mentioned, nor the rest of the area's land use;; and that residents of the area are entitled to know what is being proposed. John Mealy, Executive Director, Coachella Valley Housing Coalition, stated that the homes that will be built will appraise for $115,000 - 120,000; that the first mortgage on the homes will be $55,000-60,000; that: the homes will be self help housing, meaning the owners will participate in the building of the homes; that the down payment of the homes is derived from "sweat equity"", and that the "sweat equity", is usually valued at 20% of the homes appraised value; that the purpose of the self-help housing is to provide affordable housing to persons of low and moderate income; that the owners of the property have a vested interest in the homes; that the foreclosure rate of homes built using this method within the last seven years, if 0%; that it will be a project the City can be proud of; that there are only favorable comments that come from people that live in the surrounding neighborhoods; that the median income of the families is $25,00-28,000; and that 70% of the employees that work for the City of Palm Springs, will qualify for the program. Council Minutes 7-1-92, Page 6 6. TTM27388 - COACHELLA VALLEY HOUSING COALITION (Cont'd) Mayor requested that the representative from Coachella Val'Tey Housing Coalition and Ms. Glass meet to discuss the type of homes and the overall project that is being proposed. Dianna Nelison, Park Desert Estates, stated that with the completion of the project there will be a high concentration of low-income housing in the area; that the nearby schools will be affected; that home values will decline; that the neighboring homes are valued at $110,000-220,000; and that if the proposed project does not maintain the same type of standards, the entire area will be affected. Councilmember Hodges suggested that the concerned citizens give their names and addresses to the Planning Director; and she encouraged a meeting be set. City Manager stated that in the future the mailing process would be broadened to encompass a larger area. There being no further appearances, Mayor declared the hearing closed. Resolution 17898 as recommended was presented, after which; it was moved by Lyons, seconded by Schlendorf, and unanimously carried, that R17898 be adopted. PUBLIC COMMENTS: a) Todd Boysen, Palm Springs Jaycees, stated that the funding for the fireworks was proceeding on schedule; that a country western band was hired, and paid for by Inland Cellular, to provide entertainment before the fireworks display; that at the present time, a charge of $1.00 will be the admission charge for entrance to Angel Stadium; that a deal had been negotiated with K-Best for radio advertising; and that the Jaycees are optimistic in raising the final funds needed to finance the display. b) George Goldberg, no address given, stated that the Mayor has a conflict of interest regarding any projects that John Wessman is involved in due to mutual partnership in Bank of LaQuinta; that a recall process should be initiated on the Mayor; and that many contracts are awarded for out-of-town contractors. Mayor stated that he does not have a partnership, nor own any stock with John Wessman. c) Fred Ebling, no address given, stated that being a - Councilmember is a tough job; that all the newly elected, and appointed members are doing a tremendous job, and show great intelligence; that the Council is continuing to take initiative in the decisions they are making; that the City Council is busy, and has alot of commitments; and suggested that the Council appoint a task force to review the public access channel ; that funds need to be raised; that the past Council could not get the project moving; and that he is willing to donate a tape recorder to tape the task force meetings. Council Minutes 7-1-92, Page 7 PUBLIC COMMENTS (Cont'd) Councilmember Lyons, stated that the Board and Commission appointments are taking precedence at this time; that when the appointments are complete„ the needs for public access can be addlressed; and the talent of the Community used. Mayor concurred. d) Steven Oaker, resident for 21 years, stated that he recently ran for supervisor in District 3; that districts need to be recreated; that citizens have the three T syndrome, Toes., Tummy, and T.V. ; that if the City were divided into districts, and a representative of that district were to work with staff, the City would be better represented; that the City has grown apart; that the last Mayor• was inaccessible to the public; and that the new Mayor projects an accessibility. Mayor stated that there is a tremendous spirit of cooperation in the City at this time. LEGISLATIVE ACTION: 7. MUNICIPAL CODE AMENDMENT - TRAILS Recommendation: That the Council amend various sections of the Municipal Code concerning regulation of horseback riding, mountain bicycling, and outdoor walking on public property, streets, or ways, including new section providing discretion to the Parks & Recreation Commission to open and close specific trails based on safety for multiple use of pedestrians, horses and mountain bikes. City Manager reviewed the staff report, and added in answer to question by Councilmember Schlendorf, that the trails will be signed; and that the Parks and Recreation Commission will designate the specific trails. Park & Golf Course Supervisor stated that the trails designed as both equestrian and bicycle will be rebuilt and widened for co-use; that the trails are listed in brochures that are available in local bicycle shops, and that all trails are signed. Councilmember Schlendorf stated that the public should be aware that some trails will be dangerous if co-used. Assistant City Clerk read title of Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFOIRNIA, AMENDING CHAPTER 12.72 OF THE PALM SPRINGS MUNICIPAL CODE, REGULATING HORSEBACK RIDING, MOUNTAIN BICYCILING, AND OUTDOOR WALKING ON PUBLIC PROPERTY, STREETS, AND WAYS WITHIN THE CITY LIMITS OF PALM SPRINGS. It was moved by Schlendorf, seconded by Lyons, and unanimously carried, that further reading be waived, and that the Ordinance be introduced for first reading. Council Minutes 7-1-92, Page 8 LEGISLATIVE ACTION: 8. MUNICIPAL CODE AMENDMENT - COUNTY HEALTH A SANITATION NUISANCE ORDINANCE Recommendation: That the Council amend the Municipal Code by adding Chapter 6.05 thereto to incorporate by reference Riverside County Ordinance 712 and Resolution 91-474, and City amendments thereto, concerning the collection, transportation and removal of waste products and portable toilet facilities. City Manager reviewed the staff report, and no further report was given. Assistant City Clerk read title of the Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 6.05 TO THE PALM SPRINGS MUNICIPAL CODE, BY ADOPTING BY REFERENCE RIVERSIDE COUNTY ORDINANCE 712 REGULATING THE COLLECTION, TRANSPORTATION AND REMOVAL OF LIQUID WASTES AND ANIMAL BY PRODUCTS AND RIVERSIDE COUNTY RESOLUTION 91-474 ESTABLISHING STANDARDS GOVERNING THE CONSTRUCTION AND PROVISION OF PORTABLE TOILET FACILITIES UNDER ORDINANCE NO. 712. It was moved by Reller, seconded by Schlendorf, and unanimously carried, that further reading be waived, and that the Ordinance be introduced for first reading. 9. 1UNICIPAL CODE AMENDMENT - AIRPORT COMMISSION Recommendation: That the Council amend the Municipal Code to increase the membership of the Airport Commission to seven members, establish semi-monthly meeting schedule, update department director titles, and modify commission powers and duties concerning Airport support group and marketing matters. City Manager reviewed the staff report. Airport Director stated that the proposed ordinance is based on a request by the Mayor to raise the number of commissioners from five to seven; that the terms would be staggered; that some staff titles were changed to reflect the correct titles; that the ordinance did clarify whom should attend commission meetings; that the duties of the commission were detailed to be more advisory in nature and particularly to focus on initiatives and incentives to expand air service to the Airport, assist in the development of promotional and marketing materials, and to assist in the establishment of and coordination with an Airport support group. City Manager stated that the proposed ordinance would give the authority over the Airport Director to the City Manager rather than the commission, because the City Attorney and the City Manager are the only employees under the direct direction of the Council . Council Minutes 7-1-92, Page 9 9. MUNICIPAL CODE AMENDMENT - AIRPORT COMMISSION (Ciunt'd) Councilmember Hodges stated that there are substantial changes and questioned if the Airport Commission had reviewed the proposed ordinance; that the ordinance states that the Director or the Assistant Director must attend all commission meetings, and questioned the need for staff to attend; and suggested part of the focus be to try to eliminate staff time in meetings. Airport Director, stated that if Council desired, the proposed ordinance could go back to the Commission for review, and that only Section 2.16.010 regarding membership and appointments be introduced at this time.. Assistant City Clerk read title of Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINNGS, CALIFORNIA, AMENDING SECTION 2.16.010 OF CHAPTER 2.16 OF THE PALM SPRINGS MUNICIPAL CODE, INCREASING THE NUMBER OF MEMBERS OF THE AIRPORT COMMISSION FROM FIVE TO SEVEN, AND SPECIFYING TERMS THEREOF. after which; it was moved by Schlendorf, seconded by Reller, and unanimously carried, that further reading be waived, and Ordinance be introduced for first reading. 10. PSDRCVB - FUNDING On June 23, the Council directed that appropriate actions be presented to provide an increase of .8% percent in the Roam Tax applicable to "convention" or "group meeting" hotels, subject to certain conditions, including concurrence by JPA member cities, legal opinion, sunset provision, and no impact on termination clause of JPA. City Manager stated that Mike Fife, Executive Director of the PSDRCVB was present; and that the proposed ordinance did establish that three conditions must be met to meet the definition of a Group Meeting Hotel ;, that the hotel must have at least fifty hotel rooms; the hotel must have or engage a group sales effort; and that there is meeting space for 125 persons. Mr. Fife in answer to question by Councilmember Schlendorf stated that the City will make the determination if a hotel meets the group hotel definition; that if the hotel does not pay the increased TOT, they will not receive the group sales leads; and in answer to question by Mayor Maryanov, that any hotel willing to pay the equal of 10.8% in TOT would be eligible to receive the leads. City Attorney in answer to question by Mayor• Maryanov stated that the proposed ordinance does not specify the appeal process for hotels that do not meet the criteria definition for group meeting hotels. ;'321 Council Minutes 7-1-92. Page 10 10. PSDRCVB - FUNDING (Cont'd) Mr. Fife in answer to question by Councilmember Schlendorf stated that there are some overflow hotels that the CVB recommends that will not fit the criteria of group meeting hotels; that some of the conventions want a variety of rates, and different amenities; that when a group meets in the Convention Center a headquarter hotel is secured, and overflow hotels, a variety of hotels are considered; and once the meeting is booked, the meeting planner can request other hotels as needed. City Attorney in answer to question by Councilmember Lyons stated that the legal question is, if it is a fair and equitable source of collection of tax; that the challenge is in the definition of types of hotels; and the number to segregate; and that the proposed ordinance does not allow any way to exclude a qualifying hotel . Councilmember Schlendorf stated that TOT was originally started to create special programs and advertising for all hotels regardless of size. Mayor stated that the proposed ordinance is a joint effort to increase funding to CVB; that the small hotel does not benefit from group hotel leads, and therefore are being excluded from the funding; that the split funding is based on group meeting hotels; that only one hotel that meets the definition of group meeting hotel , has protested; that the proposed ordinance is a cooperative effort throughout the valley; that the only cities not effected is Indio and Desert Hot Springs; that the other cities are paying the additional amounts out of their general funds; that it is possible to raise the TOT to 10.8% on all hotels, but that the non-group meeting hotels do not get the same level of service; and that there is a sunset clause in the ordinance to reevaluate the ordinance in one year. City Attorney stated that the ordinance calls for a two step process; that the legal question is whether there is a rationale reason to adjust the TOT; that money collected from TOT goes to the General Fund, and can actually be used in any manner; that if the Council deems a specific amount to be collected from the hotels, and designates it for a certain purpose, it could be interpreted as a special tax. Finance Director stated that all eligible hotels had been notified of the proposed ordinance. Councilmember Schlendorf stated that some hotels may not meet the definition of group meeting hotel ; that the Council needs to discern if it is appropriate to pass TOT under the proposed criteria; and if it is appropriate, then decide what the funds should be used for; that there are separate issues involved. 0322. Council Minutes 7-1-92, Page 11 10. PSDRCVB - FUNDING (Cont'd) Councilmember Hodges stated opposition to the matter; that it is inappropriate to divide the hotels, and discriminate against tourists; that there is direct linkage between the proposed ordinance, and CVB funding; that the City Attorney has given an opinion that everything legal is in place, but it is difficult to understand that a certain amount of the business community can be separated; that if the hotels wish to raise their rates, they can voluntarily do so, and pay the additional amount to the CVB; that the additional advertising could help tourism in the City; but that what is being currently proposed will only harm the City; that the person paying the tax is the tourist; and that the tourist is being segregated by the amount of TOT being paid. Mayor stated that the CVB would like for the Cities to intercede; that the PSDRCVB was proposed to increase TOT by one-half cent, but had changed to accommodate Palm Springs; that the law is laborious, and at times is difficult to understand; that while some hotels do not pay TOT merely because they are considered time-share, but certainly seem to operate like a hotel ; that; the ordinance is not splitting the community; that the CVB has agreed to develop programs that the community is requesting, and in order to comply with what the community wants, a raise will be needed in TOT; that the idea of raising TOT comes from the hoteliers; that they are the ones asking for the increase, and support the increase; excluding the Ramada; that no one liken raising taxes, but in this case, the hoteliers are requesting it; that tourists do not ask how much TOT is, but; rather what is the room rate; that the hotel is in the business to sell rooms, and has to watch how much it charges for that room, in order to be competitive. Michael Fife, stated that a definition must be given to the hotels, so that the benefit derived can be shown; that this will bring the hotels together; and will benefit the group meeting hotels. Mayor stated that this is not a step backward; but rather way to effectively join the hotels together; that the hotels see this as an opportunity to get more business, not as a blockade to that effect. In answer to question from Councilmember Schlendorf Mr. Fife stated that TOT in Indio is 10%, La Quinta 10% raising to 11% in October, Palm Desert 8-9%, Rancho Mirage 9-10%, Cathedral City 10-11%, Indian Wells 9%, eliminating tourism/marketing efforts from the City; that the PSDRCVB has always been accountable with funding; that financial reports will be made available to the Council for the past two years; that as far as the visitor is concerned, the TOT increase will probably not make a difference; that the visitor flows from one city in the valley to another; that it is not the cost of hotels that turn the tourist away, but: rather the cost of airline tickets. Council Minutes 7-1-92, Page 12 10. PSDRCVB - FUNDING (Cont'd) Councilmember Reller concurred with Councilmember Hodges and added that if the hoteliers are in oavor of the increase, then that is their business decision, and she supports their efforts. Motion by Lyons, seconded by Mayor, that Urgency Ordinance be introduced for first reading •`failed by she following vote: AYES: Councilmember Lyons, Reller and Mayor Maryanov NO : Councilmember Hodges and Schlendorf ABSENT: None It was moved by Lyons, seconded by Reller, that further reading be waived, and Ordinance be introduced for first reading. City Attorney answered to question by Councilmember Hodges that the Brown Act requires a brief listing for agenda posting; that a general identification of the issue could be interpreted from the listing on the agenda; that the point could be argued, or challenged; and that the Council could direct staff to place the matter on the next agenda. Councilmember Reller withdrew second to previous motion. Motion to continue the matter to July 7, 1992 as both an urgency and regular ordinance was presented, after which; it was moved by Lyons, seconded by Reller, and unanimously carried, that the matter be continued. 11. ORDINANCES FOR SECOND READING 6 ADOPTION (Intro. 6-1.7-92) City Manager stated Ordinance re change of zone for Equilink is not ready for adoption. 11A. UNIFORM CODES - 1991 EDITIONS Mayor declared the hearing open, there being no appearances, the hearing was closed. Assistant City Clerk read title of Ordinance 1414, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AND AMENDING THE UNIFORM BUILDING CODE WITH APPENDICES CHAPTER 7, 11, 12 DIVISION II, 32, 48 AND 70, THE UNIFORM BUILDING CODE STANDARDS, UNIFORM MECHANICAL CODE, UNIFORM PLUMBING CODE, UNIFORM HOUSING CODE, UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, UNIFORM SOLAR ENERGY CODE, UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, UNIFORM ADMINISTRATIVE CODE, AND THE LIFE SAFETY CODE, ALL BEING 1991 EDITIONS AND STANDARD 47-18 FROM THE UNIFORM BUILDING CODE STANDARDS, 1988 EDITIONS. and Ordinance 1415, entitled: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS MUNICIPAL CODE, CHAPTER 11.02 TO ADOPT AND AMEND THE 1991 EDITION OF THE UNIFORM FIRE CODE. It was moved by Hodges, seconded by Reller, and unanimously carried, that further readings be waived, and that Ordinances 1414 and 1415 be adopted. Council Minutes 7-1-92, Page 13 LEGISLATIVE ACTION: 12. WELWOOD HURRAY LIBRARY - LEASE Recommendation: That the Council approve a lease agreement for the operation of the Velwood Murray Library, for a period or 5 years, subject to formation of nonprofit corporation (authorized by Council action with the Save the Welwood Murray Library Committee) - A31120. Assistant City Manager reviewed revised resolution and recommended approval . Resolution 17899 as recommended was presented, after which; it was moved by Schlendorf, seconded by Lyons, and unanimously carried, Hodges abstain, that R17897 be adopted. Councilmember Schlendorf stated that volunteers will be needed to help run the library. Councilmember Hodges stated that appreciation is given to the Council for having faith in the Committee to operate the library; that in the long run the Committee will make the City proud of the operation of the library and the library building; and appreciation is expended to staff, for the cooperative spirit and especially to the Assistant City Manager for all the efforts expended; that the support of the community will be needed, in volunteers, books, ideas, money, and requested the public contact the committee; that the committee looks forward to running the library, being a good neighbor, having a viable project in the downtown area, and working together with Mr. John Wessman in the renovation. 13. ADDITIONAL LEGISLATIVE ITEMS (Satisfied Agenda posting requirements) 13A. BULLOCK'S SITE - WESSMAN DDA: Recommendation: That the Council approve taking certain actions pertaining to a disposition and development agreement between the Community Redevelopment Agency of the City of Palm Springs and John Wessman dba Wessman Development Company. City Manager reviewed) staff report, and no further report was given. Resolution 17900 as recommended, revised„ was presented, after which, it was moved by Lyons, seconded by Reller, and unanimously carried, Maryanov abstain, that FZ17900 be adopted. Council Minutes �1 7-1-92, Page 14 CONSENT AGENDA: 14. MO 5034 approving master bail schedule concerning the Palm Springs Municipal Code, dated June 1992. 15. Res 17901 amending the Coouoprehcnsive Glee Schedule to increase dog license fee for unaltered dogs from $14 to $16. 16. Res 17902 and 17903 approving Payroll Warrants and Claims & Demands. 17. Motion concurring CRA action Res 867 and 868. Resolution 17901 through 17903 and Minute Order 5034 as recommended was presented, after which; it was moved by Reller, seconded by Schlendorf', and unanimously carried, Maryanov abstaining on item 17, that R17901 - 17903 and M05034 and that motion in Item 17, be adopted. ADDED STARTERS: None REPORTS ✓tw REQUESTS: 18. DEPARTMENTAL REPORTS - Received and filed Redevelopment Annual Report 1990-91. CITY COUNCIL reports or requests Councilmember Hodges suggested that name tags be obtained so that staff can be identified during public meetings; or that staff be introduced. (Mayor recommended that the first regular meeting be held in August. Councilmember Hodges stated that the first meeting in August could be held, and that all study sessions could be continued during that same month. STAFF reports or requests a) EMERGENCY PLANNING: Disaster Coordinator stated that the City does have in place an emergency plan; that the plan does not commence until all operations are taxed to the limit; that administrative decisions are made in the Emergency Operations Center; that administrative decisions involve decisions such as mutual aid, declared state of emergency; that field operations continue to be handled in the field by the proper authorities; that any decision made by administrative personnel can be ratified by the Council within 21 days; that the last earthquake did not warrant opening the center; that the departments responsible for responding did so; that the City did not have any noticeable damage from the earthquake; that after the initial 24 hours the likelihood of a larger earthquake diminishes; that normal earthquake preparedness procedures are being followed, such as keeping city vehicle fuel tanks one-half full , and firetrucks parked outside of the stations; that the prediction by seismotologists is that a great earthquake will be within the next 30 years; and that the overall damage sustained from the 7.4 quake is much smaller than what would have been expected in an urban area. Council Minutes 7-1-92, Page 15 STAFF reports or requests (Cont'd) Mayor stated that the 7.4 was centered 40 miles away; that the City was very fortunate to have such little damage; end that some concerns regarding the E.O.C. had been addressed to the City Manager. City Manager stated that an in-depth report by the Emergency Coordinator would be given at the July 21, 1992 study session. ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned to Tuesday, July 7, 1992, 3 p.m. , Large Conference Room, City Hall . JUDITH SUMICH City Clerk �J s By: PATRICIA A. SANDERS Assistant City Clerk