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HomeMy WebLinkAbout1993 - MINUTES - 2/17/1993 CITY OF PALM SPRINGS CITY COUNCIL MINUTES FEBRUARY 17, 1993 A Regular Meediry of die City Council of the City of Palm Springs, was called to order by Meyor Maryanov, in the Council Chamber,3200 Tahquitz Canyon Way,on Wednesday,February 17, 1993,at 7:30 p.m. ROLL CALL: Present: Councilmembom Hodges,Lyons,Roller-Spurgin,Schlendorf and Mayor Maryanov Absent: None The meeting was openedwith the Salute to the Flag and an invocalionby Rev.Jess Fairbanks,First Southern Baptist Church of Palm Springs REPORT OF POSTING OF AGENDA:City Clerk reported That the agenda was posted in accordance with Council procedures on February 11, 1993. PRESENTATION:Kimberly Crane,Commissioner of Community Affairs,P.S.High School Student Body gave monthly report of activities at the High School. Bill Dietrich,Superintendent of Schools,and Dick Williams,PSHS Principal,talked about the Partners in Education program,and the various city departments which will participate,providing job shadowing and feedback,as well as noting other entities in the community which will also paticipate;the"agreement"was signed by The lwayor and District officers. Mayor also presented the annual PS Mounted Police Rodeo Proclamation,for its February,1993 event. COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the pu pose of convening as the Community Redevelopment Agency;after which,members reconvened as the City Council. INDUSTRIAL DEVELOPMENT AUTHORITY,HOUSING AUTHORITY,FINANCING AUTHORITY-No business APPROVAL OF MINUTES: It was moved by Schiendorf,seconded by Roller-Spurg'sn,and unanimously carried,that the minutes of January 20 and January 26, 1993 be approved;clerical correction to vote shown on Item 5,January 20,i.e.,AYES: Lyons,Schlendorf, and Maryanov. PUBLIC HEARINGS: 1. SECTION 19 -LAND ACQUISITION (MCCALLUM PRESERVE, REVERSIONARY INTEREST OF LIVING DESERT RESERVE) Staff Recommendation: That the Council adopt resolution of necessity to acquire by eminent domain the reversionary interest of the Living Desert Reserve in the property commonly known as the McCallum Preserve, consisting of 30.29 acres in Section 19,for incorporation into the expansion of The Municipal Golf Course;owners have been notified of time and place for hearing. City Manager highlighted the Memorandum of die Director of Public Works. Mayor notes?Phut the Living Desert is not opposed to the acquisition of dhc property by the City,rather to the amount offered. Mayor declared the hearing opened. Lowell Weeks, member and on behalf of the Board of Directors of the Living Desert Reserve, stated that the Board believes its interest in the property is worth not less than$600,000. (109_ There were no further appearances,and the hearing was closed. Olt) Mr.Schey,consultant for the city, responded to question and staled that the appraisal value was$200,000. city Attorney pointed out that the first appraisal showed$100,000,and the second appraisal showed the$200,000,leaving the price Still in disagreement. Resolution 18042, as recommended,was presented; after which, it was moved by Lyo:m, seconded by Schlendorf, unanimously carried,that R18042 be adopted, 2. SECTION 19-LAND ACQUISITION(RAILROAD LOTS) Staff Recommendation: That the Council adopt resolution of necessity to acquire by eminent domain five lots consisting of.33 acres,commonly referred to as the railroad lots in Section 19,for incorporation into the expansionof the Municipal Golf Course;owners have been notified of time and place for hearing. City Manager highlighted the memorandum of the Director of Public Works,adding that Mr.Kasparian believes the property is valued in excess of what the City has offered, (109- and That he felt there was agreement that a court should settled the market value 017) Mayor declared the hearing opened. - Mr.Kasparian stated that his appraisal showed the property at$25,000;that he met six times with the City and the City's offer was$10,400;and that he asked for a lot exchange in the same section. City Manager stated that he thought the discussions were friendly;that Mr.Kasparian asked for a substitution or swap, however, the issue remains as to land value;that the City did not have other property in the area to be considered for trade;and that after the discussions were over,it was concluded That The issue could not be resolved and an impartial party was needed. Mr. Kasparian repeated he wanted another lot,and considered his property more valuable. Mayor emphasized that the City does not own another lot,and them is still the question of value;and that the eminent domain process provides that there be fair compensation,and that in court,both sides evidence is considered. Resolution 18043, as recommended, was presented; after which, it was moved by Schlendorf, seconded by Lyons, unanimously carried,that R18043 be adopted. Council Minutes 247-93 Pg.2 3. GPA 5.0498-GENERAL PLAN UPDATE. Planning Commission Recommendation: That the Council receive public comment and review information regarding adoption of the General Plan update,and the certification of the Final Environmental Impact Report(EIR);certify the EIR as complete and adopt Statement of Findings&Facts,Statement of Overriding Considerations,and Mitigation Monitoring Program;and approve the General Plan. Director of Planning&Zoning staled that the hearing may either be opened and closed,or opened and continued,and that the above described actions must be adopted;that in developing the Plan,the Commission and staff looked at everything that was worthy in the 1966 Plan, as well an the 1973 and 1976 amendments, and molded those into a single Plan consistent with State Law;that it protects neighborhoods,the environment,and resources and offers good opportunity for development in all of the land use types. He stated that the staff report covers a great amount of detail,including: a) "hot spots"that were focused on and worked through with the Tribal Council,which has not submitted comments, but has indicated adoption should proceed, and the issues were raised to be a matter of record, i.e., the extension of Mesquite Avenue through the Fairchild golf course property,some issues in Palm Hills and Chino Cove,and added that the Fairchild issue probably will have to be looked at more closely in the future; b) that the shopping center designation at Vista Chino and Sunrise has become a recent concern; c) that the Palm Hills plan has been reviewed with the Council in study session,and the Commission feels it balances the needs of all interest groups in the area, i.e., leaving the area in segments,with development of specific plans that would support a community of about 12,500; that a letter was received this data: from James Schlecht concerning inconsistencies between the Staff report and a compromise negotiated substituting die word "maximum" to "targeted" (101- relative to population and unit numbers for the Palm Hills area; that the Resolution has been changed so there is no 008 question that the staff report is not being adopted as part of the Gencral plan,per se. He exhibited various displays,including land use plans for areas outside the City that have the potential For annexation, maps where there was substantial public input,and added that there are no substantial changes in land use patterns. Ile stated that the shopping center "floating dot" at Vista Chino and Sunrise Way could include the existing center,the commercial property developed on the NE corner,or the SE comer which is undeveloped;that there is a plan for the SE corner,which would require a Planned(Development District,and be subject to discretionary approval of both the Planning Commission and City Council. He also displayed maps of the Palm Hills areas,indicating that there are 4 areas,which would require specific plans subject to rigorous review and design;as well as map showing ownership patterns,which required public and private ownerships working togetherif the area is to be developed;and map showing resource concerns which will require careful review in the future. he stated that the Planning Commission unanimously recommended approval of the updated General Plan. Councilmember Sehlendorf stated that concerning the CBD,on policies(pg.i-41)regarding negotiation of a master lease regulating operations characteristics, and promotion and marketing,and advertising, and financing appropriate to raise revenues therefore. She felt that was inconsistent with recent Council action regarding the CBD,and her feeling Thal the topics relate to matters of businesspeople,and not the business of the City. She also asked who would be foreseen as holding such a master lease. Mayor stated that he read the statement"as appropriate"and not that "it is appropriate" (for the city to no(). Director of Planning&Zoning added that the General Plan is a broad range of targets,policies and goals,some of which may not be achieved;that in this case,the city is not in a position to negotiate master leases,but there may come a time when an organization forms in the downtown,possibly with the City being asked to participate, and the Plan should be viewed as a guide for things that may happen,or may never happen,but that such a forum is unknown at this point. Councilmember Schlendorf stated that while she understood the need for marketing the downtown,the policies suggesting an cooperation under one wing, is inconsistent with the way in which businesses operate,and such a dream or plan for the City to manage so directly should not be a part of its goals. Councilmember Roller-Spurgin stated That on Pg. 19 it reflects that the closed landfill site is "apparently leaking toxins," and questioned how that statement could be made since the Council only recently awarded a contract to make such determination. Director of Planning&Zoning reported that some toxins were reported in the ground water, but at levels below those determine by State or Federal agencies,and that studies were taken to determine where those toxins were coming from, as well as samples taken at the Airport,neither of which indicated where they came from;and that the Leighton study will result in opening portions of the site, physically inspect and do chemical analysis Of the soil to determine if there arc materials that could be a problem,and,if so,a program to deal with that will have to be developed;and that technically the dump site is stable;and that if necessary,the paragraph could be reworded. Councilmember Roller-Spurgin stated that she felt the opposite statements had been made to the Council,and until the report is returned,the statement should not be included. In answer to questions by Councilmember Lyons,Director of Planning&Zoning reported that the"electromagnetic field" referred to on Pg.20 added to the policies under Objective 6.15 relates to potentials for cancer;and concerning Pg.21 the description of increased traffic of"250% for northern sections of the City relates to fact that the area is significantly undeveloped,coupled with the potential developments in Desert Hot Springs in the adjoining northern area. Mayor declared a five-minute recess,and upon reconvening,he declared the hesrinlg opened. Council Minutes 2-17-93 Pg.3 3. GPA UPDATE(Continued) Earl Johnson,Vice-President of The Friends of the Environment,read a prepared statement,a copy of which is on file with the City Clerk,indicating four areas which they feel still need to be addressed;and adding that the fact there are few concerns is a tribute to those who put the Plan together. - Gam Carter, Sagewood Homeowners Association,stated dial the members feel they have been misled,and the issue is confusing concerning the Vista Chino and Sunrise shopping center designation;that she spoke at length with the Planning Director last year,and was told that the area was to be professional designation,or small businesses that would not be disruptive to the residents;that rumors began to surface about another shopping center, and she understands there is a proposal pending which dots not include the nine buffers that were to have been provided in the previously submitted project;and the residents do not know if they will be faced with trucks,noise,garbage smell and rodents,and are anxious that this has come up again,and asked that the Council remember their concerns as it considers the proposal. John Weywr,Fey Norte, stated that the Library copy of the General Plan is dated July, 1992,and the final version has only been available during the put 8 days, as well as the final EIR, and the Council should not "rubber stamp" the Planning Commission;that the Council should have its own review and study sessions;that he was concerned about the statement that land is available for all types of development;that he felt the Planning Commission has made questionable decisions in the past;and that the current residents should be considered in the Council's equations. Harold Austin,Sunrise Racquet Club,staled that the Vista Chino/Sunrise intersection is not needed for commercial use, and felt it would reduce the city's flexibility for something other than commercial In that area in the future;that there is already a vacant supermarket in the area,that the Bank of America had a branch in the area,which it closed,not due to merger,rather to lack of business;that there may be a need for health care facilities,e.g.,Desert Hospital may need to expand;and that he felt a shopping center designation closed options. Charles Lovekin,representing his family,expressed dissatisfaction with the plan, stating that he did not think the staff viewed Palm Hills as an investment to be protected. He told how his grandparents purchase the land,consisting of many sections,which remain inaccessible,and him opinion that the current proposal stifles any creative thinking about its future, mainly in terms of the density assigned,which he felt was arbitrarily detemuned,and the ability to develop needs to be sustained. He felt there would not be any reason for landowners to want to cooperate in development of the area,because there are no economic bases for doing so;that Palm Springs needs an expanded tax bats and population which Palm Hills can offer;that the area was annexed,and now he perceives a desire to "kill" it;that the 1970s Palm Hills General Plan is out-of-date,for which responsibility lies with the City,and he fell the land use was being manipulated because it is not worth fighting over;that the City is under the gun from many sides, and it should consider whether the interests which he felt were being catered to in the document are those who have the interest of the city at heart. John Gamlin,Vice-President of Keith Companies,stated that he began representing the Lovekin family about half way through the GPA process;that the Henry Foussard proposal to develop the property was evocative to the City of what it wanted for the own, i.e., a golf course,resort,upscale development;that Mr. Foussard was on the cusp of proceeding when he died;that there has been no other interest,but it would be a mistake to assume that in 5-10 years,an interest may return because of the uniqueness of the area;that the General Plan proposes"PH2A" with a target number assigned of 1,840 units,that of the 13 sections of land in PH2A,5 of which are Bureau of Land Management,it is not clear how the density would be allocated,since it appears that public land is aol up for development,adding that a small portion of the Lovekin property in Section 23,which he considered developable,was omitted from the PH2A, implying that staff did not consider that it warranted assignment or any further planning;that the Plan does not allocate any means to determine the City's regulatory judgement,nor can studies be developed to determine potential yield because of lack of specificity; that he felt lending institutions would respond in the same manner;that he questioned what impact them would be on one property if another property were able to secure all of the entitlement on a fintcome, first-served bases regarding the targeted density;that the cost of infrastructure for the area will be very high,and a minimum level of development will be needed;that the specific plan overlay has no specific designations underlying it,as did the existing Palm Hills General Plan;and that he fell the issues relate to topographies,the environment and ecology,and politics. He displayed a slope map which he felt addressed the topographies, and demonstrated that development is possible; that he felt the environmental and ecological constraints pose interesting and serious concerns,and that the Lovekins are studying the data which is not yet complete,but will result in a higher-level of information available because they are doing site-specific surveying;and that regarding political issues,the Council must question if there is a balance between the City's short and long-term economical needs and the need for growth,against other social and economic concerns,neither of which should be skewed; and that the current plan for Palm Hills is acknowledged as not realistic under today's knowledge of the environmental and political constraints,not guarantee anyone the ability to develop up to the maximum numbers shown on the plan,rather any proposal would have to comply with the proposed General Plan Map,but it did not prejudge what the capacity of the land is before having the knowledge available to make Chow kinds of decisions,and the CEQA and specific planning process will determine what the ultimate development intensity will be in the area;and that if the Council places any value on the future viability of Palm Hills,it should look at the proposed to make certain it does not close the door on the Palm Hills area forever. Amy Fortes,attorney representing the Lovekin family,stated that its interest is in maintaining the potential of developing the property,and that under the proposed plan,there is no discernible potential,in that one cannot tell where the expected development might happen in the PH2A area;that the proposed 1840 units is over a 20+ square mile area,of which the Lovekins own 5 square miles;that the question is raised as to how a specific plan can be determined that will be consistent with the General Plan;that she believes it is poor planning,and has concerns whether it complies with the Government Code, and how zoning will be determined consistent with the General Plan; that she proposed developing a detailed information on the biological impacts,and allowing density map,which she felt could be developed quickly;and added that an interim consistency is also an issue,and there must be a correlation between circulation and density. Council Minutes 2-17-93 Pg.4 3. GPA UPDATE(Continued) Charles Doorley,Cathedral City,asked that the Council protect the collective interests of all of the citizens;that he felt Section 34 needed to be protected;that private investors should not be allowed to move the Council in a questionable and illegal direction;that Palm Hills should be left as it is;and that he would construe approval of the proposed plan as a taking of his land,and would expect to be compensated for the taking;of hio land. Joan Taylor,Conservation Chairman,Ri'veraide-San Bernardino Siena Club,Palm Springs resident,staled that the slope analysis of Mr.Gamlin is inaccurate,in that it uses slope averaging heavily;uiat site believed if any of Palm Hills is ever developed,the Lovekin property is the most likely area;that she considered it naive to suggest that studies could be done quickly;that the area is a significant resources to be addressed including the big hum sheep,open space,palm Oases,etc., and it will require a lot of studies;that the Sierra Club has commented extensively on the plan update,i.e.,to the Palm Hills and Santa Rosa Mountains;that its position has consistently been that the curreiel plan is grossly inconsistent and legally inadequate,and its land use density has not relationship to the policies in the plan;that she hoped its comments and position would be considered;and that its position is that the area is unique and must be carefully and responsibly planned for. Mike Russell,Tamarisk Road,supported recommendation for a shopping center designation at Vista Chino and Sunrise, and spoke in favor of such a development,on the grounds of convenience,quality shopping,reduced traffic,and loss of tax dollars to surrounding cities. Craig Mccarthur,representing the Palm Hills Land Corporation,owning in excess of 2,000 acres,stated that a specific plan is to look at slope analysis and other studies that are being debated;thm 12,500 targeted population may be smaller than what others would like to see,but it was used as a study figure to determine the traffic impact at Palm Hills Drive and Hwy. 111, from which support information could be derived;that he did not think it was ever intended to be a maximum or target,only a study number,yet it has evolved into the figures being talked about today;the prior general plan called for a 15,00-45,000 population;if the proposed target numbers were doubled,it would still be in the lower portion of the range contemplated for more than 20 years;that the development of a specific plan overlay was to work through the illegalities and inconsistencies of the existing Palm Hills General Plan,which everyone recognized as being inadequate;that the EIR will not support the numbers of the former General Plan,however,its purpose was to identify the impacts of certain populations and did address the former General Plan as an alternative, and no further EIR is required;that the reports which support target figures arc inconsistent as to why such reports cannot support more accurate density;that said reports do not support the potential for Palm Hills; that 12,500 represents a population of Desert Hot Springs,but spread over nearly 30 square miles,and raises the question if such density could support the construction of the infrastructure;and that the Council should give some numbers,and while the EIR may not support those,it is adequate to address the impacts and set parameters,i.e.,specific plan development which will satisfies all of the constraints. He stated that 12,500 may be the maximum traffic that the intersection of Palm Hills and Hwy. 11 l will bear,however,there are other means of transportation which have not been addressed,and are precluded because of the prejudgment of the area through the intersection viewpoint. He asked that the former General Plan for Palm Hills, with the specific plan overlay be brought back,which he felt was the intention from the being of the updating. Jerry Palua, Sunrise Racquet Club, opposed to Sunrise/Vista Chino shopping center designation, and added that the developer should have to submit plants and go through an approval process; that by approving the General Plan, the neighborhood will be affected in the same manner as the City is affected by the States action; that the developer and neighborhood should be on an equal basis,and the developer should not have the Council's"blessing"ahead of time. Pete Dangerman,Friends of Indian Canyon Consultant,and staff to Coachella Valley Mountain Conservancy;which share common appreciation for beauty and values of the Santa Rosa Mountains,and trying to work towards acquiring those areas in cooperation with landowners;that the Friends have been working and are closing to finalizing key parcel[in the Andreas Hills area allowing close of escrow on it;that a total of 7500 acres in the Palm Canyon drainage and another 3,000 in a close proximity to it; that a similar bond issue will be placed on the June, 1994 ballot, and will provide funding for continued acquisitions and help for visitor center in the Canyon and cultural center planned by the Tribal Council;that other groups willing to work with landowners on a willing seller basis which have, key natural resource lands, and a number f transactions are in process•,that the Palm Canyon Oasis is the largest oasis on the North American Continent, and there is a need to protect the quality and quantity in the drainage area coming to those oases. Gary Gray,Palm Springs,staled that he was concerned that comments imply that Palm,Hills is the future of Palm Springs, and questioned where that leaves the remainder of the community. There were no further appearances. Director of Planning& Zoning suggested that he could either respond to the questions raised during the hearing; or if desired,the Council may wish to review the information,and see if there arc further questions;and that the,Council would need to determine if the hearing is closed,or if further testimony will be received. B was moved by Lyons,seconded by Reller-Spurgin,and unanimously carried,that the hearing be closed. Director of Planning&Zoning reported that the updated plan has been under consideration for two years;that the owners in Palm Hills were consulted and asked for their help;that the topography submitted by Mr. Gamlin is at the last minute, and represents an averaging of the slopes,which he felt confirmed the need for specific planning. It was the consensus of the Council that additional time would be helpful to review the materials in light of the testimony presented;and the Mayor asked that the City Manager schedule February 23 study session to be devoted primarily to this matter. Council Minutes 2-17-93 Pg.5 3. CPA UPDATE(Continued) Director of Planning&Zoning responded to questions by Council concerning tire Vista Chino/Sunrise Way shopping center intersection,and reported that it does not apply to one leg of the intersection, rather the entire intersection, and any proposal would be subject to the normal planning process;that the Planning Commission concluded that the location for ■shopping center desigmtion shown on the existing General Plan at Indian and San Rafael was not feasible or desirable or able to draw a successful development;that Sunrise and Vista Chino is the only intersection north of Tahquitz Canyon which meets the primary criteria of access and central location;that the intent of the proposed shopping center approved at Gene Autry and Vista Chino is not to have a full-sized supermarket;that the primary difference between a CSC and an NCC designation is the type of uses;that in a CSC them is more ability to have junior department stoma, larger retail, and the main tenant is a grocery atom or drug stare;that a CSC generally takes 15-60 acres and a NCC takes 10-30 acres with a variety of uses more neighborhood in character than community-wide;that the current center at Vista Chino and Sunrise consist of 8 acres,and could be expanded up to 1546 acres without crossing the street; that an application has been fled for a Warm center on the SE comer of Vista Chino and Sunrise;and that the Planning Commission meetings were televised,and individual owners were aware of what was happening because of their participation. Councilmember Schlendorf stated that the Sagewood Homeowners should have been notified, since the "dot" was only shown as a different type on the map,and the zoning is still professional,it was"playing with semantics"and not fair to the neighborhood. Councilmember Reller-Spurgin stated that when the shopping center project came up before, and it was denied, the residents thought they did not have to worry about it again,and now the General Plan proposes to change the status of that,and they am concerned. City Attorney stated that regarding Palm Hills, there is no disagreement in the testimony that the current plan for Palm Hills is inadequate,that the EIR does not support the numbers in it,and that them is no disagreement that a specific plan process is correct to ultimately establish what the numbers should be;that the disagreemenlis whether the numbers selected now am correct or whether them should be something other than those,or whether the adoption of the General Plan should be delayed in order to establish the numbers now;that there has been acceptance of the importance of the environmental issues;and the discussion should be a focused discussion,as a result of those conclusions. Director of Planning&Zoning commented that both the section dealing with Palm Hills and the specific planning process, and those dealing with policies and resources must be mad,wherein them lies the difference of opinions. It was moved by Hodges,seconded by Reller-Spurgin,and unanimously carried,that the actions on the General Plan be continued to March 3, 1993,with a detailed review at the February 23 study session. MAYOR DECLARED A FIVE-MINUTE RECESS. 4. P.D.226&TENTATIVE TRACT MAP(17M)27674-PALM CANYON APARTMENTS CONVERSION Planning Commission Recommendation: That the Council approve tentative tract map to convert a 148-unit apartment complex at 1900 S. Palm Canyon Drive to condominiums,including Planned Development District for a 25% density bonus,density transfer and reduction in required on-site parking. (116- Director of Planning&Zoning highlighted his Memorandum noting that the density transfer will be achieved through the acquisition and conveyance to the City of 340 acres of hillside,expected to be accomplished concurrent with the approval of the final map;that the Planning Commission recommended that two tennis courts be removed,and covered parking be provided a required additional 71 parking spaces;that the applicant in recommending that only 18 spaces be provided, since due to on-stmet parking on South Palm Canyon Drive,41%of the interior parking is not utilized;and that the staff recommended only one of the tennis courts be removed, and one-half of the additional spaces be required, leaving the tennis court which will better serve the amenities for the complex. In answer to questions by Council, City Attorney staled that 20% of the units sold will be restricted to low-moderate (137- income criteria,and will be subject to not control if the units are rented;that the CCRa do not normally include language that the City be notified if the units am rented,however,it could be looked at, but the enforcement issue would remain whether such language was included in the CCRs. Mayor declared the hearing opened. Marvin Roos,Mainiero Smith&Associates,representing the applicant commented from a prepared statement,a copy of which is on file with the City Clerk,noting that individual purchases will enable 148 families to purchase a home in one of the best areas of the City and capture 340 acres of hillside open space forever;that the rejuvenation of the property will generate additional property taxes without placing additional burdens on the city,county or school agencies;and that the applicant is prepared to meet all of the conditions. He commented on the parking,endorsing the staff recommendation, which will leave the complex short by 10%of code,which is within allowances of administrative modification,leaving the project with mom than adequate parking even if parking were to later be removed from South Palm Canyon. There were no further appearances,and the hearing was closed. Resolution 18044 was presented;alter which, it was moved by Schlendorf, seconded by Lyons, unanimously carried, Maryanov abstaining,that R18044 be adopted,subject to revising condition to require removal of one tennis court and providing additional 36 parking spaces. (J' Council Minutes 2-17-93 Pg 6 5. CONFLICT OF INTEREST CODES-NEW&UPDATED - Staff Recommendation: That the Council approve a Conflict of Interest code for the Human Rights Commission;and updated codes for the departments of Economic Development and Finance,in order to comply with requirements of the, (060- California Government Code. City Manager noted the memorandum of the City Clerk. 0 27) Mayor declared the hearing opened;then-were no appearances,and the hearing was cllosed. (063— Minute Order 5136 as recommended,was presented;after which,it visa moved by Reller-Spurgin,seconded by Hodges; 001) unanimously tamed,that MO5136 be adopted. 6. P.S. ASSISTED LIVING CENTER-BOND REFINANCING Staff Recommendation: That the Council conduct required TEFRA hearing,and approve the sale and delivery of not to exceed$8.9 million refunding and improvement certificates of participation, 1993 issue,and other required documents. This action will allow taking advantage Of lower dnterest rates,and for the current owner,United Communiity&Housing Development Corporation,a not-for-profit corporation,to acquire the property on which the project is located, (116- City Manager highlighted the memorandum of the Director of Finance. 07 0) Mayor declared the hearing opened;them were no appearances,and the hearing was closed. Resolutions 18045 and 18046 as recommended,was presented; after which, it was moved by Hodges, seconded by Schlendorf, unanimously carried,that P118045 and 18046 be adopted.. PUBLIC COMMENTS: a) Gary Bostwotth,Box 366,Palm Springs,noted that passing of Wade Blank and the contributions he made to the disability community. b) George Goldberg,P.O. Box 4156,Palm Springs, audibly described his opinion of former and current mayors,and was ruled out of order by the Chair. The Mayor questioned the City Attorney as to the potential for liable or slander,and asked that he provide an opinion to the Council before such comments are allowed to continue. Mr.Goldberg spoke over the ruling,reiterating some of his viewpoint,and commented on out-�of-town vendors and providers of servi a to the City. LEGISLATIVE ACTION: 7. Not Used 8. PSDRCVB-JOINT POWERS AGREEMENT AMENDMENT At the February 3,1993,meeting the Council continued consideration of approving amendments to the P.S.Desert Resorts Convention&Visitors Bureau bylaws and Joint Powers Agreement,pending further review. City Manager slated that he will be reporting back to the T.A.C.(Technical Advisory Committee)pursuant to the discussion from the study session. Mayor staled that the City Attorney was asked to review the document after which,the City Attorney reported that he found no substantive legal issues, and that after notice of withdrawal is given,such member would not have any voting rights except concerning the operating budget. Motion by Lyons to approve the amendments,failed for lack of a second. Councilmember Hodges stated that this issue was too important for the Council to approve it in a form that someone else will develop;that it is an agreement between the cities, and not simply asking the City Attorney to clarify language;that it lacks the City'a right to take its name with it,if it decided to withdraw in the future;that the issue cannot be ignored, and that she could not support any document that did not address the issue. (05�0- Councilmember Schlendorf staled that approval should not be given until the final document is developed as the Council 008) wants it,because when it is approved,the Council will be changing the issue of funding,going from$300,000 to$7009000 and that was a conditional step based on approval of the amended IPA;and that the proposed version is not what was asked for. Mayor stated that the Council would be approving the document as it wants it;that if the IPA does not accept it, then it is not approved;that in working it out in the TAC,it would be as the Council has it definitively;that the original JPA was silent on the question of taking the City's name,and he considered that a future issue;if, and when,the City withdraws; that he favored approval at this lime,which would give a clear indication to the other cities as to where Palm Springs stands. Councilmember Hodges stated that it my not result in the name format. In answer to question by Council,the City Manager reported that the TAC meeting is February 24. It was moved by Hodges,seconded by Schlendorf,and carried by the following vote, Unit this matter be continued to March 3, 1993: AYES: Hodges,Reller-Spurgin&Schlendorf NOES: Lyons&Maryanov ABSENT: None Note: At the end of the meeting, Councilmember RellerSpurgin noted that the continuance of this natter in no way should be interpreted on her part as favoring or considering withdrawal from the PSdDRCVB. Council Minutes ,(} 2-17-93 Pg.7 Ul 9. MUNICIPAL CODE AMENDMENT-SEXUALLY EXPLICIT MERCHANDISE City Clerk read title of Ord 1436 adding Chapter 11.90 regarding commercial display of sexually explicit merchandise,which was introduced February 3, 1993;was presented;after which, it was moved by Reller- Spurgin, seconded by Schlendorf, unanimously carried, that further reading be waive, and that 01436 be adopted. 10. SEWER REPAIRS-TAHQUITZ WASH/EL CIELO Staff Recommendation: That the Council ratify agreements with Hendrickson Construction for emergency repair of 18-inch sewer in the Tahquitz Wash,east of El Cielo-A3188 CP93-06A,2 PARTS;and with Malich Corp to divert stream Bow and place boulders to protect the pipeline- A3189,cp93-06B, 4 PARTS; and approve agreement with Desert Pipeline Inc.for permanent repairs for$93,157-A3190,CP93-06-C,1 PART; and amend the budget to appropriate$127,657 from Wastewater Fund to cover the costs therefore. Director of Public Works reviewed his memorandum,and noted that the firms are from within the Valley,and are experienced. Minute Order 5137 and Res 18046 amending budget,as recommended,were presented; after which, it was moved by Lyons,seconded by Hodges,unanimously carried,that MO5237 and R18046 be adopted. 11. GOLF CLUB DRIVE REPAIR Staff Recommendation: That the Council approve contract to reconstruct Golf Club Drive pursuant to Council direction on February 3, 1993,CP93-11,A3191. Director of Public Works his supplemental memorandum,and recommended awarding contract to lames Rue Construction,for Alternate B(upgrade)for$97,000,and amending the budget to appropriate funds therefor. Minute Order 5138 awarding contract and R18048 amending the budget,as recommended,were presented;a fter which,it was moved by Hodges,seconded by Reller-Spurgin,unanimously carried,that MO5139 be adopted. 12. ADDITIONAL LEGISLATIVE ITEMS: (Satisfies agenda posting requirements;materials at meeting).None CONSENT AGENDA: 13. Res 18049 approving first 12-month time extension for final development plans for PD 222, for a 98-unit apmuncnt complex on 4.5 acres at 400 E.Stevens Road,including density bonus;which grants an extension to November 20, 1993. 14. Res 18050 approving first 12-month time extension for final development plans for PD 215,for 77 detached single-family residences on 20 acres on the SW corner of Sunrise and Racquet Club Road,including density bonus;which grants an extension to December 3, 1993. 15. Res 18051 accepting gift deed of 80 acres from Parks,Open Space&Trails (POST), originally donated to it by Martha &Dale Wasserman,to be used in perpetuity for open space;said property located in Palm Hills,Section 15. 16. Res 19052 approving standard form of lease to be utilized for land leases on Airport property;and MO 5139 approving now lease, in said form,with Robert Pond,for private hangar faciPlies,with termination date of September 14, 2006.- A3192.(Prior A686) 17. MO 5140 approving Amendment No. 1 to Agr 3060 with Bechtel Corporation for additional Airport Access control inspection services for$19,725;due to the highly technical nature of the electronics in need of inspection. 18. MO 5141 and 5142, respectively rescinding MO5126, and approving a new contract with Coffman Associates, for (d3'/— $465,000 for master plan and noise study services(note:environmental assessment services eliminated;same to be selected 9,1 y� by FAA),subject to receipt of Federal grant.(A3184) 19, MO 5143 awarding contract to AMTECH reliable elevators for$57,961,including waiver of minor irregularities in the bid, in order to replace 22-year old elevator t the Airport,and comply with ADA standards-A3193. 20, MO 5144 consenting to assignment of non-exclusive operating agreement(#2932)with Dynasty Express Corporation dba General Rent-a-Car to Alamo Rent-a-Car;consistent with the terms of the agreement which allows assignment. 21. Ras 18053 approving Claims&Demands.Reller-Spurgin abstain on No. 871936 22. Motion concurring in CRA actions this dale-none. It was moved by Schlendorf,seconded by Hodges,and unanimously carried,that R18049 though 18053 and MO 5139 through 5144 be adopted;Reller-Spurgin abstaining on Warrant No.871936. (Note: Councilmember Hodges asked that City Manager follow-up on necessity of software maintenance regarding Program for Success.) ADDED STARTERS: None REPORTS &REQUESTS: CITY COUNCIL reports or requests a) Mayor read a variety of invitations extended to the City, and inquired if any Members of the Council wished to attend. PUBLIC reports or requests-none Council Minutes 2-17-93 Pg.8 STAFF reports or requests-none ADJOURNMENT There being no further business,Mayor declared the meeting adjourned. JUDITjCSCIMICH City Clerk