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HomeMy WebLinkAbout1994 - MINUTES - 1/19/1994 CITY OF PALM SPRINGS CITY COUNCIL MINUTES JANUARY 19, 1994 A Regular Meeting of the City Council of the City of Palm Springs, was called to order by Mayor Maryanov, in the Council Chamber, 32CC Tahquitz Canyon Way, on Wednesday, January 19, 1994, at 7:30 p.m. ROLL CALL: Present: Courncilmem Pl bers odges, Lyons, Rel➢er- ,urgiin, SclnlendorE and A :I 118 l Mayor Maeyanov Absent: None The meeting was opened with the Salute to the Flag led by Boy Scout Troop C6 and an invocation by Shauna Segundo, Baha'i Faith. REPORT OF POSTING OF AGENDA: City Cleric reported that the agenda was hosted in accordance with Council procedures on January 14, 1994. COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the purpose of convening as the Community Redevelopment Agency; after which, member, reconvened as the City Council. See CRA Minutes this date for Council lies. 18272. INDUSTRIALI)EVELOPMENT AUTPIORITY,HOUSING AUTHORITY,FIi 1ANCING AUTHORITY- No business CLOSER SESSION REPORT: City Attorney reported on matters discussed in closed session, as shown on the Statement of Basis for Closed Session,dated lamary 19, 1994, and that no e ction was taken. (Copy of Statement on file with City Attorney, and attached to agenda of this date.) APPROVAL OF MINUTES: It was moved by Schleadorf, seconded by Lyons, and unanimously carAod, that the minutes of January 5, 1994, be approved. PUBLIC HEARINGS: 1. CANYON DEVELOPMENT - GENERAL PLAN AMENDME1,11, SPECIFIC PLAN AMENDMENT, PLANNED DEVELOPMENT DISTRICT r-ID DEVELOPMENT AGREEMENT Consideration of application by Canyon Development for a General Plan Amendment and amendment to Specific Plan No. 1, a PDD and a development agreement; the POD and agreement entail 339 acres within the Specific Plan area, which is owned or leased by Canyon Development. As previously declared, the Mayor stated that lie would abstain due to a client relationship in the area. (133-- Director of Planning&Zoning reviewed the details of his report, noting that the Council has been 006 considering how to amend the specific plan for the past year; that Canyon Development proposed an amendment to the portion affecting land which it owns or controls, and the proposed amendment does not change other properties; that the proposed action af,ects 340 total acres; that the City initiated the general plan amendment, specific plan amendment and work on the environmental assessment for 406 acres either individually owned, private land leased or non leased land,and Canyon Development worked on its portion; that relocation of the hotel site from the east to the west side of South Palm Canyon and redistribution sore e of the residential use, especially on the east side of South Palm Canyon, redesignation of Bogert Trail as a collector and Acanto to be removed as such and remain a public local street, that the circulation plan proposed ' will provide a fine and essentially the same access currently provided; that Bogert Trial will be reconstructed in particular areas and thinic overall access will be superior for the area; and will be all weather crossing. He described the specific plan, regarding the 340 acres, including the hotel and single family and other residential units, some of the coinrraercial components and amenities proposed before, and the 28 hole golf course; and that the Planning Commission spent most of the time analyzing new hotel site and specific plan, and recommended additional design studies so the community is comfortable with the hotel details, whicic will be under the final development plans for the PDD. He stated that regarding the 406 acres, She Canyon Cove, Raehn, prior Furer and Indian land parcels, the current zoning is 1-3 units per acre, and amendment brings the Raelm and other development clearly into conformity and a➢lows the Tribal Council to reconsider some of its past actions in this regard; that the City may carte ` ✓ =` � Conical Minutes 1-19-94 Page 2 1. CANYON (Continued) letter and ask for reconsideration of the Cakrnan appeal; that design continuity results in upgrading the neighborhood; most development should develop as a gated coramunrity; this residential probably will be one of the finest in the Coachella Valley and in Palm Springs. He stated that the revised specific plan effective date would be upon approval of the amendment by the Council; that the Planning Commission and Council would review all final development plans, although not in ' public hearing process; that a 24-ft height is provided for some residential, however, a condition is that it shall not exceed 18 feet where same abuts other properties, and that the same condition extends to non Canyon Development areas; that the Development Agreement is adopted by ordinance, and locks approval of the project and binds future Council; that the agreement mattes no financial commitment by the City, and only gives the developer the might to proceed for up to 10 years, and that neither the agreement, the specific plan nor the PD➢:9 can be changed without approval of both the City and the developer, and the agreement only applies to the 340 acres owned or controlled by the Canyon Development. He stated that in 1991 the Council certified the EIR, which was an extensive document, and the lawsuit filed against it has been settled; that the SPA and PDD will abide by that EIR; that the environmental assessment was looked at as it relates to the proposed chanted and related documents, and concluded that there is no additional significant impact avid a negative declaration is recommended, with a mitigation monitoring program; that the Sierra Club submitted written comments and has communicated with the:Council during the review period; that the review period of 45 days prior the Commission action and 30 days prior this date, is in excess of either federal or state requirements; that all comments were responded to in writing; that comments were received from Fish & lVildlife this date, and it requests a continuance so it can review die documents, however, he felt that 75 days was more that ample time, and. did not think it appropriate to continue for that reason, and letters were received from the Desert water Agency and the Tribal Council; that the:resolution regarding the specific plan was revised, i.e., relative to conditions of approval; that meeting v✓iih Fish&Game last week resulted in resolving all of its questions, and he thinks it is comfortable with the:project, which will require corps of engineers and fish &game permit approval. He displayed plans on the board and described how they i'cRated to his comments and report, and the relationship of tine project to it surrounding area. ' City Attorney stated that the development agreement provides for the project to proceed under currently standards and fees; that it gives stability and is a contract and binding for 10 years; that it includes the various elements described by Elie Director of Planning di. Zoning; that it restricts proceeding with more than 50% of the project without first starting construction of the hotel; that it applies to the specific plan if approved this date; that regarding financial assistance, the Redevelopment Agency has the power to provide same and the City has the ability to approve the agreement; that the action is only the agreement aspect, and not any financial consideration by the Agency; that the City does not have the ability to provide financial assistance; that it is not on the agenda at this time; that there have been discussions with the developer, and the intent is to negotiate an agreement for the Agency as a future action, and before that its approved, there would be public hearings required; that several years ago, $500 million was discussed, not to come from the General Fund rather from the revenue generated by the project; that today's figures probably would more reasonably be a lesser amount; that regarding the adjacent properties, their statics was reviewed by the Director of Plamning & Zoning as to how they will be treated; that a lot of the delay in getting the project forward has been working out status of this property; that many approaches were taken; that the picture today is rather clouded by the fact that although the City is willing to grant permits for the adjacent properties, through an appeal and the Tribal Council decision, there has been a problem with projects proceeding, and a way of clearing up the confusion has been sought, and he believed the proposed amendment will resolve, it completely; that Canyon Development will not need any of those parcels; that the indication from the Tribal Council is that it supports the amendment, and it is in everyone's interest to have it approved; that another factor of importance is that this will be a stellar project and help enhance]property values in the entire area, and be beneficial to the adjoining properties; probably have ended up with an improved hotel site and improver) project; and that in September, this date was targeted for completing the process, and he complimented both the City staff and Mr. Solomon. Mayor pro tem declared the hearing open. The following persons spoke in favor of the projects: Emanuel Segal also challenged the City's delay in completing the negations, and commented on the proposed citywide assessment district, adding that the community needs this project to bring in extra business and money. Council Minutes n o n 1-19-94, Rage S 1. CAl YON (Comdimued) � FEolph Arnhymn, Chamber of Commerce, repoated that the Chamber Pe'ard mounimously supports the recomamendatiom, and that it will make floc City more competitive everywhere. .Judy Daggett, on behalf of the President of the E.S. Board of Realtors, eead a prepared)statement, a copy of which is on file with the City Clark. Larry CPauvdali, resident in Canyon Heights, commented on reductions i local sales &Axes, and commented that the new resort hotel will give help in tax base and cmployment, and increase opportunity and show that Palm Springs is proactive in supporting business. .back Sterno, President of Carryon Country Club, comtplimem ed Canyon Development for its patience, expressed his view on the decline of Palm Springs as a destination, and that this project will make it second to atone and the community will not lcmovv what to do with al of the income that it will bring. Rick Sideviorn, (?), counsel for American Hotels Corporation, stated&hzr:the,hotel was foreclosed over five years ago, and four years ago the agreement was entered ffor ids sale, and it has been amended marry times and is still alive; and that approval of the project iS a chance for everyone to will. .lack Kenecker stated that he was one of the original owners of the hotel, and the area is the jewel of the valley; and that change is needed to restore Palm Springs. Tom Davis, p1mraing consultant for Ilia Tribal Council, commended, the city and Canyon Development for the recent progress. in answer to his questions, City A norney affirmed that the Specific Plan No. 1 remains in effect until the action is approved, a3 which time the amended portion wil become effective immediately, and should it be challenged, and be set aside by the court, the old Specific Plan No. I would remain in effect; and that there is no reference to gaming in the agreement, mar is there any side agreement regarding gaming. Mr. Solomtoa expressed gratitude for the work of the Council and others in bringing this to this point, and added that the redesign of the project results in a leaner and better project; that the project is priced for the 1990s; that nothing has been taken away from tlae resort component, and he feels it will represent Palm Springs and be the finest in the country; crud that the golf course will be dramatic and beautiful and he asked that the Council approve the actions recommended. 1Jeary P'einandez, resident and Zelda Segal, resident, urged approval. 'the following persons spoke in opposition: Teary L. Rudd, Box 5015, Palm Springs, on tier behalf and for]Friends of the Cove, stated that she fe-As the project adversely impacts her property; that lease payments and taxes reflect it to be a golf course lot, for which she has paid more, and the new plan shows she will be looking over a wall and at duplex on the other side, and at the golf course service are-:, and it is not acceptable to her and others; that a few years ago there was the moratorium on her property, and at Chat time, there were two homes built and two under construction and 5 in plan check and others in the planning stage, and if they had been allowed to proceed, she felt there would be 15-20 homes there now; that the moratorium was done because the area was deemed Mighted and a health and safety hazard, and asked why it should be supported now; and that she has no choice but to become a parry to legal action. .Jeremy Cracker, Arenas (toad, commented from a prepared statement, r copy of which is on file with the City Clerk, expressing concern that the size of the subsidy is a.ccessive and the taxpayer would be exposed to it, and he did not feel a turans has been presented to separate die amount of the subsidy from the approvals required by the project itself; that some of that which was conceded in litigation settlements has been taken back, i.e., withdrawal 01 the requirement for construction of a fire station, which leaves the burden on the taxpayer without significant tax revenue from the area. Reference is made to his written comments ccv cerning CEQA. Council Minutes 1-19-94, Page 4 1. CANYON (Continued) Mr. Solomon rebutted and stated that when he tried to acquire many properties, the Council received many objections from the same people now objecting to keeping their property;, that he is not trying to develop property he does not have control over; that the Tribal Council intervened and without its action, he would not be addressing the Council, and it has taken "big" people to get together and resolve in spite of diversity; that regarding Mr. Crocker"s comment, the Agency formed the redevelopment project area; that Canyon has not received any money, and that is not ' before the Council now, and cannot be without the owner participation agreement, which is not on the table nor being negotiated; that the dollar amount used was what the Agency would be allowed to collect and not what Canyon could have received; and that the maximum it might receive would be a $25 million bond. Darrell Meeks opposed the project, and questioned why Mr. Solomon was allowed in excess of five minutes and other parties should have the same privilege of rebuttal. Tom Suitt, President P.S. Savings Bank, stated that the Council has stated it is business friendly, and lie hoped that future developers willing to spend$40 million will not have to take three years to obtain approvals, and urged that the same delays and uncertainties net be recreated. Madelyn Brechlin, commended the Council, supported the project, and thanked the developer for staying with it. Ed Perry, Orchid Tree Lane, stated that the project has been expanded beyond what the developer owns,and suggested that the best solution would be a postponement until the negative issues raised can be discussed, otherwise litigation will follow. Sam Silverstein, Pase a del Rey, urged that the City needs the project. There were no further appearances, the hearing was closed, and the Mayor pro tem declared a five-minute recess. City Attorney re-emphasized that the conunents regarding financial aspects were not in order in , that the OPA is not on the table, and when negotiations begin, many provisions noted by Mr. Crocker would be discussed, and the development agreement does not create an obligation on the part of the Agency; that when the project area was formed, four lawsuits were filed claiming the area was not blighted, and those were resolved and no determination was made that there was anything improper about the project area; that those were redevelopment issues related to the redevelopment plan, which is also not before the Council; that comment was made that a golf course lot is not now a golf course lot, and such is a matter between the lease, and not an issue with the City; and that the moratorium referred to is also not on the agenda, rather the specific plan amendment; however, if a Canyon Cove owner seeks to develop and the Oakrnan appeal is in place, they cannot proceed, but if the subject project is approved this date, it is expected those Canyon Cove owners will be able to develop their land, and the best way to clear up that right is the adoption of this amendment, which he believed to be a critical action to resolve the confusion that exists over these land rights. Director of Planning& Zoning stated that regarding U.S. Wildlife and Fish & Game comments by Mr. Crocker, that Fish & Game was immediately contacted after it submitted a letter, and meeting was held January 13 in Chino,California, and it was very clear at the beginning that F&G was not challenging the project, and the tone indicated in the letter did not represent the department and was written when their people were on vacation; that a. seven page answer was prepared; that the most extensive survey was done as required by the federal government and additionally, Mr. Coronet has been surveying this property for twelve; years, and it more than follows the U.S. methodology; that F&G did not question the methodology and he did not believe there are any issues, and staff is prepared to work with the agencies to secure the permits and ask that it proceed as biologically correct. ' Councilmember Lyons stated that he was a part of the Council's negotiating team, and comments about delays or inference that the project was not wanted, or that the Council was dilatory, are untrue; that he commended Mr. Solomon on his cooperative attitude; that this is a complicated project, dealing with a project where all parcels were not assembled or owned, and the: Council had to look at property rights of everyone involved; that it was complicated politically; that the Council wants to move forward with a vision of festivals and retail and this will be the third destination resort approved; and that he felt the best deal was arrived at, resulting in a better project than before; and that he offered his time to do what he can with political pressures and to get to work immediately on the OPA. Council Minutes ? 1-19-94 Page 5 I. CANYON (Continued) Councilmember Schlendorf stated that she was also on the Council's negotiating team, and that the Council heard a request for help from people whose property was not being purchased, and who could not develop, to not leave it that way; that the City and developer have worked hard to make it happen; that those people have a right to develop their lots and should not have any problem getting permits now; that she was disappointed to hear that some of those same people are not satisfied, when they can now build and the project can now move forward; that there is a misconception about tax increment and public assistance, which is used for streets and other improvements, where tax increment is a reinvestment in the community which otherwise would go to the taxing agencies on their normal prorata basis; that it does not belong to the General Fund; and that the potential for tax increment is set when the Redevelopment Project Area is created, at a maximum amount, because once it is reached, it cannot be increased. Councilmember Hodges stated that she has been involved with the project since she was elected, and that the Council never lacked enthusiasm, and that the staff, city attorney, Mr. Solomon, and the Council negotiators should be thanked, and the project would not have been possible without all of the meetings and give and take that occurred, and she felt the best agreement has been reached, and she liked the new project even more; and that she felt it will be a success, and looked forward to it. Mayor pro tern Reller-Spurgin stated that the proposed action culminates years of compromise and work, and it will be the rebirth of Palm Springs, along with the other projects recently approved, Shadowrock and the Classic and the Indian casino. Resolution 18273 certifying negative declaration and related mitigation monitoring program; Res 18274 approving General Plan amendments (land use and circulation elements); Res 18275, revised as noted by Director of Planning& Zoning, approving Canyon Park Resort Hotel &Spa Specific Plan Amendment; Res 18276 approving preliminary PDD 217-A, were presented; it was moved by Lyons, seconded by Schlendorf, and unanimously carried, Maryanov abstaining, that ' R18273 through 18276 be adopted. City Clerk read title of Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING PLANNED DEVELOPMENT DISTRICT 217A (PDD-217A) WITHIN THE CANYON PARK RESORT AND SPA SPECIFIC PLAN AMENDMENT AREA FOR A 340 ACRE AREA INCLUDING ZONES W-R-1-A,W- R-1-B,R-1-A,R-113,0-20,W AND U-R,LOCATED SOUTH OF MURRAY CANYON DRIVE, NORTH OF ACANTO WAY AND EAST AND WEST OF SOUTH PALM CANYON DRIVE. and title of Ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS APPROVING THE DEVELOPMENT AGREEMENT FOR CANYON DEVELOPMENT ("CANYON DEVELOPMENT AGREEMENT), ADDING SECTION 9408.06 ENTITLED "CANYON DEVELOPMENT AGREEMENT" TO THE ZONING ORDINANCE DESIGNATING PROPERTY AS BEING SUBJECT TO THE CANYON DEVELOPMENT AGREEMENT (DESIGNATED DA2), WHICH SITE IS GENERALLY LOCATED ON SOUTH PALM CANYON DRIVE BETWEEN MURRAY CANYON DRIVE AND THE SOUTHERN BOUNDARY OF THE CITY OF PALM SPRINGS. It was moved by Lyons, seconded by Schlendorf,and unanimously canted, Maryanov abstaining, that Resolutions 18273 through 18276 be adopted; and it was moved by Schlendorf, seconded by Lyons, and unanimously carried, that further reading of the ordinances be waived, and that the ordinances be introduced for first reading. Council Minutes 1-19-94, Page 6 2. STREET VACATION - EAST PALM CANYON DRIVE On December 15, 1993, the Council set this as time and place for hearing;on Resolution of Intent to vacate a portion of right-of-way for the Northerly 26 feet of East Palm.Canyon Drive, between Cherokee Way and Linden Way, Section 30, to accommodate the property owners. City Manager highlighted the memorandum of Director of Public Works,and noted that the Desert ' Water Agency requested this be postponed; however,he recommended that the resolution.include language that the vacation not be recorded until the Desert Water Agency indicates its approval. (14'S- 001) Mayor declared the hearing open; there were no appearances, and the hearing was closed. Resolution 18277 order the vacation as recommended, and revising the resolution to provide for withholding recordation until notice of satisfaction of its easement is received from Desert Water Agency, was presented; after which, it was moved by Schlendorf, seconded by Reller-Spurgin, and unanimously carried, that R18277 be adopted. INTERAGENCY REPORTS: a) City Manager reported dale for first meeting of the Fire Consolidation Committee, i.e., February 15, Doubletree, 7 p.m. PUBLIC COMMENTS: a) Comments concerning PEG access, Item 3. Linda Cooper Lee protested the manner in which the selection committee arrived at its recommendation; that the contract should not be to a commercial venture group; and that it will result in exorbitant charges to users. She also commented that the proposed assessment district should not apply to apartment rentals and single families who cannot pass it through to others as they can with the utility tax; and thanked the Council for the ' improved bus stop at Sunrise and Vista Chino. Don Frank expressed opinion that freedom of speech was being jeopardized, of the women Councilmembers and the Mayor, and of the medias lack of coverage of things happening in Palm Springs. Fred Ebeling gave a tape cassette to each Councilmember, stated he objected to the process of selection, and that he wants public access, and asked if the Council has seen (08 9- the proposals, and thought it was too big of a decision to make without having done so, 003) and with public discussion. He also commented on first amendment rights, and media coverage, and opinion that the citizens have control over their own chauuel. Antoinette Aguilar asked why this has become a problem, and stated that there should be a way for the community to use it in a positive way, and it should not be mixed with government access, nor run by a biased group, nor should tire public have to pay to express their opinions; that there are other funding areas; that there may be a solution possible to allow variety and possibly coming the two efforts. Lee Vinocour talked about a "you-me consciousness," and that he did not see that the Council was making a difference in the community; that there,are 350 people willing to give time to bring forth something for nothing; that he felt the: recommended group did not know anything about it, and that the Council has not read the proposals. Gary Bosworth stated that only the name of the one group was included on the agenda; and perhaps each group could have 3 days per week, and after a trial period, decide ' which is better. He agreed with Mr. Meeks concerning handicap ramps, and added that intersections where there have been accidents should be addressed first. Wanda Burgess commented on need for signal at San Rafael and Indian Avenue; added comments on using local artists for public arts purchases; and stated that as long as there is a nonprofit group running the local access channel, artists and others will have a chance to air their views and works, and she did not care who that group was, but felt it will be a fulltime job, and she asked where the equipment will come from, and she would like more information about the proposal. Owl ^� Council Minutes 1-19-94, Page 7 b) Comments regarding proposed Citywide Parks & Lighting Maintenance District Darrell Meeks repeated comments he has made previously requesting that the issue be placed on the ballot, and asked if city staff was being compensated for attending evening workshops, or doing so on their own time, and if it is additional costs to the district. He also commented that Teeter funds should be used to increase the appropriation for handicap ramps, and the contract should be awarded. City Manager responded that the city staff was on its own time. Lucille Bales,Realtor, stated that the funds should come from other sources than property owners, and it should be fair to all the people, and not applied to only 60% of the community. James Jones, Manzanita Avenue, stated he felt the convention center is a money loser, and that he is not opposed to the either the convention center nor the parks, but to the ( 138_ inequity of the tax; that it penalized multiple family dwellings and rewards large hotels; 004 that he owns the Parkwood Apartments, which is affordable housing, and his assessment is more than that of the Wyndham hotel; that he considers the process undemocratic, and that it is an impossible task for the landowners to defeat the district which requires 51%; and that there should be a broad-base tax which is fair, and it should be on the ballot for approval. Fran McNeel thanked the Council and staff and the public who attended the workshop; that there is no easy way to save the parks and the pool, and many hours have been spent in formulating ways to raise the funds; that the ad hoc committee made itself vulnerable to the public in trying to arrive at suggestions over the past seven months; that there is little time left, and those who feel so strongly opposed to the district should do likewise and come up with ideas and present those to the City; that the assessment should maintain green, not brown parks, and it will be crummy if there is a new downtown and brown Parks. Jean Aubrielle stated that they have worked for seven months In trying to save the parks and pool and improve the Parks&Recreation Department; that they communicated their plans through newspaper, flyers, Council meetings, and broadcasts, and only one developer contacted her about a temporary cure; that green parks enhance property as a whole; that seniors will also suffer if a remedy is not found, and Ruth Hardy Park is designated a casualty center by Desert Hospital in times of disasters, and Victoria Park is strategically located near a Fire Station and likewise can be used; and that she does not favor the district in that she feels the allocation of funding is wasteful, and favors instead the task force committee proposal. Michael Tan(?)owner of the Palm Springs Village Apartments stated he favored finding a way to fund the parks and safety lighting, but the proposal was unfair to apartment owners who pay more than hotels, and cannot pass it through under rent control; that affordable quality housing is up to the landlord, and the tax is a big chunk of the funds that could otherwise be used to provide the quality; and that his 156 units will cost more than that for the Hilton Hotel. Martha Winter, Park Towers Apartments Manager, stated dzat property owners of apartments should not be penalized, i.e., when they are trying Ho fix up the properties. MAYOR DECLARED A FIVE-MINUTE RECESS. c) Other comments Jeremy Crocker stated that those who favored the Canyon project also favored gaming; that he feels there may be room for settlement on the participation agreement; that in the 1991 document,justification was based on large sums of public improvements and that (133- is why $500 million was brought up, and relieving the developer of the infrastructure is 006 still a subsidy. City Attorney stated that he was willing to talk about the OPA and how it will work with a view of working out a settlement agreement. Council Minutes 1-19-94, Page 8 LEGISLATIVE ACTION: 3. CATV - PUBLIC ACCESS/GOVERNMENT ACCESS TELEVISION OPERATOR FOR CHANNEL 17 Recommendation: That the Council authorize agreement with Palm Springs Television Voices to , operate a public/government access television channel (Channel 17) fix 3 years, in accordance with the provision of RFP7-94. City Librarian reported that the committee met four times, developed a,detailed REP, which was sent to 22 possible sources for submittal; that two proposals were received; that 27 criteria were used in evaluating the proposals, as well as an interview of each group; that the recommendation and process were presented at the January 12 study session, and the complete Board of Directors will be included in the final contract, and the Council will appoint two of its members; that Warner Cable was contacted, and the response to a prior question was that it did not want to separate the public and government access channel until the 100 programmable hours criteria was met; that equipment remains the property of the City and will be kept at City Hall. Councilmember Hodges stated that she did not have any opinion of either firm, however, a task force was set up to look at the proposals and make a recommendation, and the Council generally receives a lot of background detail, and makes its decision based on its own information and evaluation; that little has been given to the Council on this process and she wanted to look at (089- both proposals; and she did not have any idea if the comments made in Public Comments are true 00 3 because she did not have anything to research to find the answers; that she respected the ,judgement of the committee, but felt as a council, it must look at all information, and it did not have that at this time. She suggested that the Council adjourn to January 26, and continue matter to that time. Councilmember Lyons agreed. Councilmember Reller-Spurgin stated she thought it would fair to do that. ' In answer to question by Council, City Attorney stated that it was preferred that Council provide direction as to which firm it wished staff to negotiate a contract with, before spending the time and money in doing so. Mayor stated he would like to see both proposals first; that the Council saw presentations from both groups last year; and he questioned how the Library Board's direction, that broadcasting be taken over by February 1, would be affected a delay. City Librarian stated that the Board would be requested for permission to continue operating until February 15. Councilmember Schlendorf stated she would like to see the proposals also; and added that something has occurred, creating a problem, and she would like to see the broadcasting continue until a decision is reached. Following discussion,it was moved by Hodges,seconded by Lyons,and unanimously carried,that this matter be continued to January 26, and that copies of the proposals and related materials be provided to the Council. 4. CATV - GOVERNMENT ACCESS TELEVISION PLAN Recommendation: That the Council approve an amended and restated Government Access Television Operating Plan,originally adopted January 22, 1992, to be effective February 1, 1994, to reassign administrative responsibility for operation of the government access channel from the (08,9_ Library Department to the P.S. Television Voices, contingent upon action in Item 3. 003) City Manager recommended this matter be withdrawn, and rescheduled. So ordered. F)nIV Council Minutes 1-19-94, Page 9 5. MATERIAL RECOVERY FACILITY (MRF) PRELIMINARY SITE APPROVAL Recommendation: That the Council give preliminary approval of two sites to be further considered by the task force for a materials recovery facility. City Manager highlighted the memorandum of Director of Economic Development. Councilmember Hodges stated that there have been many CVAG meetings regarding MRF, and she did not feel there was enough data to determine if it is appropriate for this community. Councilmember Lyons stated that MRFs may be necessary to satisfy AB939, but they are not market driven, and most of the material has no market, and economically are losers; and the advantages or disadvantages or economic impacts on Palm Springs are not known. Councilmember Schlendorf stated that the type of MRF would be relevant, and if composting or sewer sludge is going to be included, it should be located near the sewer plant; and if it is only material recovery, site is not interested. Assistant Director of Economic Development stated that the preferred sites by the task force are in Indio and Coachella; and the consultant came up with two more, and the task force did not want to spend time considering those site if the conununity was not interested, and therefore asked for preliminary approval of the location; that type of facility has not been determined,however,sludge has not been discussed. Councilmember Reller-Spurgin stated that the Recycling Committee met and a number of issues (123- are unknown, e.g., how much the land will cost, host fee charges, jobs that will be created, 011) revenue to the City, environmental assessment, however, the Council has tried to establish an industrial friendly attitude, and this facility is that, depending on the answers to the issues; and that many MRFs are very clean and others can be very dirty; and that everyone will pay, regardless of the City is it located in; and that the Indian Avenue site should be rejected because of conflicts with the railroad efforts. Ruth Licata, City representative on the task force, and member of the recycling committee, stated that the Council would not be voting on the site, only on allowing the task force to consider it further. Councilmember Schlendorf stated that in participating in the task force, the City was not committing to participating in the MRF, and can proceed with its own. Councilmember Hodges stated that she did not want staff to spend a lot of time, rather update the Council; and if it appears that one of these sites will be recommended, more in-depth study will be needed, otherwise she is not interested in pursing the matter. Resolution 18278 as recommended, was presented; after which, it was moved by Reller-Spurgin, seconded by Lyons, and unanimously carried, that RI8278 be adopted. 6. AGUA CALIENTE CASINO -ENVIRONMENTAL ASSESSMENT Recommendation: That the Council authorize contract with Brian F. Mooney Associates for consulting services to prepare the environmental assessment for the proposed Agua Caliente Gaming Facility and related projects, at Andreas and Calle Encilia, A3329. (144- City Manager highlighted the memorandum of Director of Planning&Zoning, and noted that the 001) developer will pay for the cost, not the City. Minute Order 5249 awarding contract as recommended, was presented; after which, it was moved by Hodges, seconded by Reller-Spurgin, and unanimously carried, that MO5249 be adopted. Council Minutes 1-19-94, Page 10 7. GOLF COURSE EXPANSION - PROJECT SUPERVISION/DESIGIN4 SERVICES Recommendation: That the Council approve agreement with Sanbom-Webb Inc., to provide project supervision/design services for the golf course expansion, CP90-06, not to exceed $150,000, A3330. Mayor stated that he will abstain, due to a client relationship with Mainiero Smith, who also submitted a proposal. City Engineer detailed the memorandum of Directors of Public Works& of Parks &Recreation, 010) and responded to question of Council, stating that the difference between the proposals was about 15%; that the contract with Goesch provides for staying on time schedule, providing a critical path for events, and review of plans to minimize amount of money spent; that Goesch is not a public contract firm, and it is necessary to place the work under the umbrella of a single overseer, i.e., Sanborn; that the preference to the firm was based on depth of experience in particular in Golf Course construction, and its in-house engineering and lands surveying and labor compliance; that the total bottom line savings is not affected. Minute Order 5300 as recommended, was presented; after which, it was moved by Lyons, seconded by Hodges, and unanimously carried, that Maryanov abstaining, that M05300 be adopted. 8. CHARTER CITY On January 5, 1994, the Council requested that discussion and or direction concerning proposed charter be continued to this date. (07 5- City Attorney stated that the charter was revised consistent with the direction at the last study 001.) session; that a resolution to place the matter on the ballot can be prepared; and that a public information program needs to be developed. It was moved by Lyons, seconded by Hodges, and unanimously carried, that the City Attorney prepare the action to place the matter on the ballot. 9. MUNICIPAL ELECTION, 1994 Recommendation: That the Council adopt actions related to the call and notice of the 1994 municipal election; and consider policy regarding resolving tie-votes. City Clerk reported that the actions provide for the call of the election, and relate to candidate materials; and that the issue of resolving tie votes was last looked at in 1986, and decision was _ to follow the government code and resolve same by drawing lots. (0 O11.li) City Attorney stated that it is a fairly conunon practice to settle ties by drawing lots, and is providing by State Law unless otherwise specified by the Council; and that if an election is required, it leaves a seat vacant until the election is completed. Councilmember Hodges stated that she did not like drawing by lots, and felt an election should settle the question. Resolution 18279 calling the election; Resolution 18280 re candidate regulations; and Res 18281 providing for tie votes to be resolved by a run-off elelction, were presented; after which, it was moved by Lyons, seconded by Hodges, and unanimously carried, that R18279 and 18280 be adopted; and it was moved by Schlendorf, seconded by Hodges, and unanimously carried, that R18281 be adopted. ADDITIONAL LEGISLATIVE ITEMS: (Satisfied agenda posting requirements) 10A. BUDGET Council requested opportunity to discuss, and if appropriate, take aclion concerning Cie current budget, and the 94-95 budget. (06ll- Council requested that copy of the prior "Wiw 1?ibbon Budget Committee" report be provided. 015) This matter was rescheduled for January LI , i_�94. Council Minutes 1-19-94, Page 11 W 1 9 CONSENT AGENDA: 11. MO 5301 awarding contract to Gordy Stroud Construction for tennis court/basketball resurfacing (109- at Ruth Hardy Park, and one basketball court at Sunrise Plaza, for$8,110, CP93-41, A3331. 008) 12. See Item 17. 13. Res 18282 approving acquisition of a portion of the NE comer of Indian Canyon and San Rafael, (130- for traffic signal installation, for$84,000, plus escrow fees. 001) See Item 18 14. MO 5302 awarding purchase and delivery of an incandescent electronic sign for the Senior Center (085- from Eberhart & Sons Signage, for $22,519.75, through CDBG funds. 001) 15. MO 5303 awarding contract to Jacobsson Engineering Construction Inc., for construction of a shade structure and parking lot improvement at Desert Highland Park, CP93-42, for$28,807.25, (109- through CDBG funds, A3332. 006) 16. Res 18283, 18284 and 18285 approving Payroll Warrants & Claims & Demands. (see vote for (086) abstention) It was moved by Lyons,seconded by Schlendorf,and unanimously carried, that Resolutions 18232 through 18285 and Minute Orders 5301 through 5303 be adopted; Reller-Spurgin abstaining on Warrant No. 882457. Councilmember Reller-Spurgin requested that action be brought back to the Council for consideration which would provide local contractor/vendor preference, and suggested a 5% (086- differential. 001) In answer to question by Council, City Attorney stated that such an ordinance would be permissible under either a general law or charter type city. 17. HANDICAP RAMPS Recommendation: That the Council reject bids for installation of various handicap ramps due to costs, and unavailability of funds. Director of public Works reviewed his report, and stated that if the Council desired to proceed with the project, he recommended a continuance to allow time to determine which capital projects might be deferred in order to provide the added funds. (129- City Manager stated that since the Council was going to deal with budget issues on January 26, 001) that this matter could be continued to that date, and alternatives could be presented. Councilmember Schlendorf requested that information also be provided as to where handicap access has been provided since last year, and where grant funds have been or will be spent. It was moved by Lyons, seconded by Hodges, and unanimously carried, that this matter be continued to January 26, with followup as noted. ADDED STARTERS: 18. GOLF COURSE EXPANSION - INDEMNITY Recommendation: That the Council approve indemnity agreement for the purpose of issuing a performance bond in favor of the U.S. Army Corps of Engineers, for $200,000, in accordance with the mitigation and monitoring plan for the City's permit to do work in the Palm Canyon wash area as it relates to the golf course expansion project. City Attorney explained that the need for action arose subsequent to the posting of the agenda; (092 after which, it was moved by Reller-Spurgin, seconded by Schlendorf, and unanimously carried 010) to determine that matter eligible for consideration, and added to the agenda. Resolution 18286 approving indemnity agreement as recommended, was presented; after which, it was moved by Reller-Spurgin, seconded by Schlendorf, and unanimously carried, that R18286 be adopted. A Council Minutes 1-19-94, Page 12 REPORTS &REQUESTS: a) Received for filing of Nuisance Abatement Proceedings & Accounting Reports: 32 reports, receive for filing; hearings thereon to be: set by City Clerk. CITY COUNCIL reports or requests a) Citywide Park Maintenance District: Councilmember Hodges stated that she did not , think the format of the workshop meeting was helpful, and asked if the town hall format could be set up, so that questions and answers can be heard by everyone; that the Council has not received information relative to whether the assessment can be. passed through under rent control; and that people have been told that a protest form is available if they attend the meetings, but not otherwise at city hall. ( 138- 0011) City Manager stated that the first two meetings were designed as providing information to fit a person's interest at one site, and allow them to move about to other interest areas; and that the public meeting and public hearing format is for questions and answers; and that the protest form was done for the meetings because there were requests, and more will be printed for the next meeting and they will be made available. Mayor stated that many comments have been made regarding apartments, and hie would like that issue addressed at the next meeting. Councilmember Lyons agreed, and asked that a cap on apartment assessments also be looked at. Councilmember Schlendorf stated that a protest form or care should have been available in the mailing. b) Councilmember Hodges stated that she was told that the driving range will be closed in connection with the golf course expansion,and asked if work could start somewhere else, and postpone closing the driving range during its peak time. City Engineer stated that additional yards of dirt must be dealt with, and the finished ' grade should be completed in 30 days. c) Councilmember Reller-Spurgin asked that staff work with the High School to make certain that its baseball teams can use DeMuth Park or Angel Stadium during the High School renovation. PUBLIC reports or requests a) PEG Access Comments: Antoinette Aguilar asked if a resubmittal of the proposal was possible, and suggested a second proposal be made by each group as to how to bridge the two proposals. Fred Ebeling stated he felt intimidated when the other group made its presentation last year; that he considered other groups members as elitists; that he thought this was an (089- opportunity for the Council to show the community that it wants to bring the community 00 3) together to find a way to work together; and that public access is for all of the people, and not just a few. Don Frank agreed that the two groups should bridge their gap;; that he felt if the High School is used, it will alienate people; and urged that the Council ask the groups to rewrite as one proposal. Lee Vinocour stated that the other group once was a part of their group; that he ' questioned what the other group's board has done for the community; that if granted to them, the Council will give away something that the community,has been asking for; and that the Council should either split the contract or bring them the two groups together. b) Gary Bosworth thanked the Council for action on Item. 12. Council Minutes !l 1-19-94, Page 13 0 STAFF reports or requests - None ADJOURNMENT There being no further business, Mayor declared the meeting adjourned to Wednesday, January 26, 1994, at 7:30 p.m. i U KITH SUMICH Cn¢y Clerk