HomeMy WebLinkAbout1997 - MINUTES - 12/17/1997 ss�n 4A
CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
DECEMBER 17, 1997
A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order
by Mayor Kleindienst, in the Council Chamber, 3200 Talnquitz Canyon Way, on Wednesday,
December 17, 1997 at 5:30 p.m., at which time, the City Attorney announced items to be discussed
in Closed Session, and at 7:00 p.m., the meeting was convened in open session.
' ROLL CALL: Present: Councilmembers Barnes, Hodges, Oden, Reller-Spurghn, and
Mayor Kleindienst
Absent: None
The meeting was opened with the Salute to the Flag led by AZWIT Chapter (Order of the Arrow),
and an invocation by FR. Miguel Ceja, Our Lady of Solitude.
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on December 12, 1997.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) - See items on Page 5 of agenda this date.
PRESENTATIONS: Proclamation to Mike Allen, proclanning hint as the Official "Santa Claus"
of Palm Springs.
HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING
AUTHORITY: - No Business
COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the
purpose of convening as the Cormnunity Redevelopment Agency; after which, members reconvened
as the City Council.
APPROVAL OF MINUTES:
It was moved by Oden, seconded by Reller-Spurgin, and unanimously carried, that the Minutes of
November 19, 25, and December 2, 1997 be approved.
PUBLIC HEARINGS:
I. TM 28636 - GREEN - TENTATIVE MAP
Recommendation: That the Council approve Tentative Tract Map 28636 to divide 2.7 acres
into 6 residential lots, for property generally bounded by Tamarisk Road, Via Miraleste, (137-
Aven ida Palos Verdes, and south of Via Eytel, Section 11 - Irving Green. )
Director of Planning & Building reviewed details of his report, and stated that the lots meet
or exceed minhnum lot size; that three are substandard in one dimension, but within the
10% which he can approve by administrative minor modification, and if the map is
approved by the Council, he would approve that modification; that the map is in full
compliance with the zone; that there does not appear to be any objection by the homeowners
in the surrounding area; that the developer's intent is to build the homes, which will range
in size from 3300 square fee to almost 4000 square feet, for which the Planning
Commmission recommendation requires individual architectural approval of the houses; that
' the staff recommendation was to have the applicant work with the staff to make sure the
homes are compatible to the overall design of the neighborhood; that the applicant
submitted a letter indicating that such a condition could slowdown the progress of the
project; and that the Commission action was approved by a 4-2-0-1 vote. He displayed
aerial photos showing the surrounding development, and displayed the proposed tract map.
Councihnember Hodges stated she would abstain, since Mr. Green is die owner of Landau
Development, which is a client of her employer.
hn response to question by Councilmember Oden, the Director of Planning & Building
stated that both Tamarisk Road and Via Miraleste in that area are shown as collector streets
Council Minutes
12-17-97, Page 2
on the General Plan; and that lots 1 and 2 are precluded from having driveway access onto
Tamarisk Road.
Mayor declared the hearing open.
IZen Feenstra, member of the Movie Colony Homeowners Association, and member of the '
group exploring how to fast track projects through the City processes, stated that Mr. Green
has developed entire neighborhoods in this area, and the homes have made a large
contribution to the City; that the subject site has been one of broken block walls for 23
years; that the listing of 63 conditions makes one wonder if the City has ever heard of Mr.
Green; that time is money, and the Council should allow the staff to review the house plans;
that the conditions which are required by the City codes should not be repeated each time in
the resolution, and that as such, that would help projects move ahead in die future.
Irving Green, applicant, stated that he objected to Condition No. 48 (requirement for
Planning Commission approval of the individual houses) and that if he had simply sought a
subdivision map approval, there would not have been any question or requirement to go
back to the Planning Commission; that he did not have a problem reviewing the colors,
tiles, design, etc., with the Planning stab', as he did with the Tamarisk ) states project; that
his escrow on the site must close by December 24, and he requested that the Council give
fast-track approval, so that it can happen; that regarding a designation of the Movie Colony
area, he would like to install a bronze plaque on the wall; and than the Fire Department has
agreed to allow sprinklers for the two homes on lots 5 & 6, which otlicrwise would
necessitate installing a fire hydrant - the remaining four lots are within the 250 ft radius
allowed by Code.
There were no farther appearances, and the hearing was closed.
In response to question by Council, Director of Planning & Building stated that the lire
sprinklers are acceptable to the Fire Department; that the idea for Movie Colony
designation was to find a non-lighted way of doing that; and that '.a low-maintenance plaque
mounted on the wall would do that, and he agreed with Mr. Green that a bronze plaque
would be suitable.
Councilmember Barnes stated that based on the drawings submitted, and knowing Mr.
Green's track record, he would like to see him move ahead, and lie felt the staff can carry
forward from this point; and that tlhe Planning Commission did a good job in ]putting the
project together, and is more than usually gotten at this point.
Councilmember Oden stated he has read the information and took'.a field trip to the site, and
lie was concerned as to the number of lots; that the property is on a corner which is
strategic to the entire Movie Colony; that there are two extensive properties located across
from it; that six lots are too many for that corner; and that he fell it removed the balance in
the development in that particular community.
Councilmember Barnes stated he considered die project one of transition between very large
homes north and northwest, and smaller homes to the south, and that it is closely situated to
the elementary school and Ruth Hardy Park, and the homes will have an attraction to
families.
In answer to question by the Mayor, Director of Building & Safety stated that there has
been an ability to control architectural approval in the tentative trap process in some
unusual circumstances, e.g., along Bogert Trail; that this project is the first of that kind of
situation, in that it is an "in-fill" project.
Mayor stated lie thought the Movie Colony area of equal iuportance, and there is an
appreciation by its residents as to the historic significance of the area; that Condition 48
may have relevance in that regard; that he questioned the compatibility of the design,
materials, etc., with the surrounding area, and tended to support the condition.
Councilmember Barnes suggested that the condition remain, but rather than requiring
Planning Cotunission approval, it be subject to staff review.
f rw„
Council Minutes
12-17-97, Page 3
Councihnember Reller-Spurgin stated that the Movie Colony Homeowner representative
stated that they were not opposed to the project; that she lived in that area for sixteen years,
and passed this property often, and that it always looked like something had crashed into it;
that Mr. Green has a wonderful track record, and he has upgraded some neighborhoods
that were desolate, and she commended him for doing so; and that she supported fast-
tracking the project, and allowing him to do his job, so people can begin moving into the
City.
Motion by Barnes, seconded by Reller-Spurgin, to approve the resolution as recommended,
subject to revising Condition No. 48 to strike the first sentence (requiring Planting
Commission review), and that the Director work with the applicant and Movie Colony
concerning the plaque, failed to carry by the following vote:
AYES: Barnes and Reller-Spurgin
NOES: Oden and Kleindienst
ABSENT: None
ABSTAIN: Hodges
In answer to question by Councilman Oden, Director of Planning & Building stated that the
initial staff recommendation to the Commission was that the staff work with the applicant to
refine the building elevations; that he agreed the drawings presented at the Con unissimn
meeting needed to be softened in appearance, color and materials, perhaps stucco treatment
and walls, to make the house look more like the Movie Colony; that a number of the
Commissioners felt the landscaping needed to be the subject to Commission review; that he
has spoken with Mr. Green about these concerns, and felt they can be worked out; that
Mr. Greeii has been the most successful single-family home builder since the recession,
and he sells everything he builds; that he will need to understand that he will have to make
' some adjustments to those same plans - not changes - softening and additional treatments.
Resolution 19164, as recommended, was presented; after which, it was moved by
Kleindienst, seconded by Oden, and carried by the following vote, that R19164 be adopted:
AYES: Barnes, Oden and Kleindienst
NO: Reller-Spurgin
ABSENT: None
ABSTAIN: Hodges
PUBLIC COMMENTS:
(Note: Upon request by City Attorney, Public Comments on Item 6 were made at the time of
consideration of the item)
a) Comments on matters unrelated to an agenda item:
Joann Kapella, Karioke Jo's, stated she would like to talk with someone at the City
regarding business retention, and about citations she has received, without specifics
as to the code violation; that she cannot have anything in her window closer than 3
feet in terms of signs, however, she is downstairs below sidewalk level; and site
asked that code enforcement ease up on people downtown who are trying to bring
business to Palm Springs.
' Dyan Roberts, owner of Kites & Socks, stated she purchased the business in
September, and was immediately told she had to remove poles and banners, which
she found inconsistent with the fact that the City has banners on poles along the
street; that many merchants have complained to her; that new businesses are
welcomed with citations; that she polled merchants, and 90% favored bright colors,
neon, flags and banners, but she was uncertain how to petition the Council to re-
write the sign ordinance; and that she was interested in knowing what the City's
advertising budget is.
sue.�'6
Council Minutes
12-17-97, Page 4
Comae Lock, business owner, agreed in part with the two speakers, and asked
what the problem is about hanging flags, since the City does the same thing; and
that she favored updating the ordinance.
a) Continents concerning Item 5:
The following persons spoke, expressing strong views and opinions in opposition to ,
the proposed shuttle service, indicating that it is unfair competition, removes the
viability of taxicab business in Palm Springs, that the taxicab owners were not
included in the RFP process and did not receive the request; that they would like
opportunity to discuss alternate proposals; that the passenger will pay more for the
shuttle than for the taxicab if there are several passengers, e.g., from one point to
the Airport it maybe $7 for the taxicab ride, regardless of the number of
passengers, yet a shuttle from the same point or origin may take a number of(143-
passengers at $8 per passenger; that the taxicab owner are local people, who have 008)
built their businesses in Palm Springs, and who have families in Palm Springs; that
the proposal affects the entire Coachella Valley; that the taxicab owners provide
other services, e.g., driving elderly to doctors, markets, etc., which will not be
possible if the shuttle puts them out of business; that there are alternatives to the
short-line; that the shuttle will not benefit the residents who live in Palm Springs,
and will take a large amount of money out of the cormnunity; that the taxicabs have
been purchased from local auto dealers; that all of the problems that have been
raised are all solvable through existing codes, and if the City has not been able to
enforce those against the taxicabs, how will it do so against an outside vendor; that
the Airport gets $3 per trip from every taxicab; that the taxicab drivers were
insulted by inferences made by the Airport about them last year; that they feel the
Airport Director has a personal agenda as to the shuttle: service; that the taxicab
drivers provide information to tourists as to local events, and places to go; that
solicitation has never been allowed at the Airport; and that each taxicab pays an
annual rent of$1,900 to the Airport, plus fees; that the rail station should be or a
rotational basis; that there are 18 cab companies, and 20 of those serve the Airport,
yet not one received a telephone call or the RFP, nor to come to the Airport
because there was not enough service being provided:
Kenneth Tolson, Rainbow Cab
Robyn Burns, Classic Cabs
Mike Kenig, Ace Taxi
Richard Earhart, cab owner
Jerry Houcek, cab owner
Mike Cole, cab owner
Ken Friedlander, cab owner
Robert Segal, cab owner
George Wendt, Vega Taxicab
Cheryl Steckel, VIP Taxi
Ron Cole, R-C Express Cab
James Braico, cab owner
Kim Zilky, California Cab
Dick Sroda, resident, suggested the Council leave the cab drivers alone,; that it is
fee enterprise and they will either survive, or not. 1 He also commented concerning
the Grand Prix as a five-year contract, and that the City cost for the Senior Softball
Tournament in 1998 is too high.
COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS:
a) Council and Mayor noted the passing of Jeanette Rockefeller and of Monsignor
McGurn; and thanked the community and everyone involved in the success of the
Festival of Lights Parade.
LEGISLATIVE ACTION:
Council Minutes
12-17-97, Page 5
2. PALM SPRINGS GRAND PRIXX
Recommendation: That the Council approve a five-year agreement with Tartar's Bow, Inc.
to produce the Palm Springs Grand Prix, A3882.
' City Manager highlighted the memorandum of the Director, Dept. of Transportation.
Councilmember Hodges expressed concern that while she likes the project and it is put (050-
together well, and is the type of event to generate business, it should not be at a time when 025)
there is already heavy business; that it is proposed on Thanksgiving Day weekend, and it
will not contribute to the room tax because that is a busy weekend already, and she was
surprised that no merchants were present to express their concern; that it is the biggest
shopping weekend, and if a major street downtown is torn-up, people will not go
downtown; and that she could not support the event on that weekend.
In response to questions by Council, Parks, Recreation & Golf Course Director stated that
it is the only weekend which is available at the Convention Center for the next two-three
years during the month of November; that the Convention Center favors it because that
weekend is not salable; that it is supported by some hotels; that the event will be one week
long, and the hoteliers are interested in building occupancy during the week prior to
Thanksgiving, over occupancy in prior years; and that there will be a race in San Diego the
week prior to that. He stated that feedback from the hotels was that every weekend in
November is about the same, and they were represented at prior study sessions when the
race was discussed.
City Manager stated that the promoter has yet to secure the use of the property, and he
would like to move that along as well.
' Parks, Recreation & Golf Course Director stated that the last clay for termination of the
contract by the Council is February 1, 1998.
Discussion followed whether to seek specific support from the hotel association, Mahn
Street, Uptown, and the Chamber of Commerce. Councilmember Barnes stated that it
would hamstring the promoter to have to secure approval of all of the groups, and the odds
of that happening are rather limited; that it would even sets a precedent as to the Council's
decision making if that process was followed; that he would respect the opinions and views,
however, the Council needs to make the decision. City Manager stated that the promoters
are astute, and he believed they will go to the various organizations to seek input and
support, and that lie could report back the results of that.
Minute Order 6061 as recommended, was presented; after which, it was moved by Barnes,
seconded by Oden, and carried by the following vote, that M06061 be adopted:
AYES: Barnes, Oden and Reller-Spurgin
NOES: Hodges &Klei ndienst
ABSENT: None
Councilmember Reller-Spurgin to report action to, and seek input from, Chamber of
Conunerce Board Meeting December 18; City Manager to report back on January 21, 1998
as to contacts with other groups.
3. NEXT PHASE RECYCLING FACILITY- COUNCIL SUBCOMMITTEE
Recommendation: That the Council appoint a subcmmnittee to work with staff to evaluate(148-
the City's participation hi the "Next Phase" recycling facility, and any related contracts or 003)
contract amendment between the hauler and the City necessary to facilitate the project.
City Manager highlighted the memorandum of the Director of Economic Development, and
added that the project is at the stage that a Council subcommittee would be helpful in terns
of documents and in terms of marketing. He suggested that Councilmembers Reller-
Spurgin and Oden serve for education/marketing and that the Mayor and Councilmember
Barnes serve to work with staff concerning documents.
Council Minutes
12-17-97, Page 6
Mayor noted that two Counciluaembers took a field trip to the Toronto plant in .tune, and he
and Councilmember Odell did likewise this month.
It was moved by the Mayor, seconded by Oden, and unanimously carried, that the
subcommittees be formed as suggested. ,
4. CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD GRANTS
Recormnendation: That the Council authorize applications for grants from the California
Integrated Waste Management Board, under the California Oil Recycling Enhancement Act(123-
and household hazardous waste grants. 011)
City Manager highlighted the memorandum of the Director of Economic Development.
In response to question by Council, Economic Development Coordinator stated that
administration of the grant would be the only City staff' time involved, which can be
charged against the grant and which should be minimal in terms of hours.
Resolution 19165 as recommended, was presented; after which, it was moved by Reller-
Spurgin, seconded by Hodges, and unanimously carried, that R19165 be adopted.
5. AIRPORT/RAIL SURFACE TRANSPORTATION SERVICES
Recommendation: That the Council approve contract services agreement with Mini-Bus
Systems, Inc., dba Super Shuttle Ontario to provide Airport/Rail transportation services,
A3883.
Aviation Director gave a detailed review of her memorandum, noting that this was the third
attempt in securing this type of service, which included a Council subcormnittee during the(143-
process; that the Airport Cormnission looked at it and was aware that the limousine services 003)
agreement was about to expire, and suggestion was made that the services be combined; that
an evaluation committee was formed with certain goals - train service, address short trips,
flat fee, and shuttle service within the City; that two proposals were received, of which one
was non-responsive, it that proposal bond was not included, and the mandatory submittals
contained conditions; that on September 3, 1997, the Council authorized staff to negotiate
an agreement with Super Shuttle Ontario; that the evaluation committee was concerned
about the word "Ontario' but the operator assured the Committee that only the words
"Super Shuttle" appear on the vehicles; that some supplemental material was provided to
the Council; and that the City Attorney has reviewed the contract and made a few minor
changes. She outlined the details of the agreement, noting that a Palm Springs location is
mandatory, and the space at the Airport may serve to meet that requirement.
In answer to question by Council, the Aviation Director explained that the Airport Security
staff monitors the train arrivals vis-a-vis cormnunication with the Railroad, and then makes
a trip to the rail station to meet passengers; that the Super Shuttle would do likewise, and
would not be sitting at the station waiting for trains to arrive, as they are frequently not on
schedule.
Councilmember Hodges stated that she did not have an opportunity to read the materials
which the taxicab owners submitted, as well as the infonnalion in the supplemental
materials, and she would like an opportunity to do so in more depth before voting on this
matter; that she would like to see a delay in further consideration, until the Council call
review the documents, and to have the staff meet with the taxicab association and give
further review to their proposal.
FAN,, o Rai 9
Council Minutes
12-17-97, Page 7
Councilmember Oden stated that the concept of the short line is very interesting and
feasible, and he, too, would like the staff to look at the possibility of hnplementhng it, and
what ramifications that would have on the proposed contract; and that lie was concerned
about parity for providing the same service, e.g., baggage.
' Councilmember Barnes stated that there are some very significant qualifiers in the taxicab
association proposal, e.g., an annual $100,000 cost to the City, and the cost for train
station shelter, restrooms, etc., would be very high, and something he was not ready to do.
Councihnember Reller-Spurgin stated that she also would like the opportunity to review the
information and she did not want to make an important decision without first having read
the material, and questioned if the taxicab drivers had received the RFP.
Procurement Manager stated that the proposal was advertised and posted and mailed to
those on the bid list; that he understood not everyone received it, as is the case in bids; that
by the third attempt to secure proposals, he assumed people would have known about it;
Chat the legal process was followed, and it is always possible that someone did not get a
notice.
Mayor stated that die RFP was on the September 3 agenda, and since that time there has
been no communication from the taxicab owners until now when they are rushing at the last
minute to put something together; that the Council has been doing its job; that the "greeter"
portion of their proposal would cost $100,000 per year, as indicated by their own proposal;
that the quality of the existing taxicabs is not an issue; that he is not opposed to services
provided by out-of-town businesses; that the idea of the short line is independent of this
discussion, and can be reviewed, but it alone will not solve the issue of the problem of
shuttle service; that the City budget does not include the taxicab owners proposal as to the
rail station, and the Super Shuttle will meet actual arrivals; that the City does not control
' how the taxicabs are regulated, since it is a function of SunLhne; and that the Council has
been dealing with this issue for the past year-how to get service to the rail station.
Councihnember Barnes stated that he read more of the materials, during the meeting, and
feels it is a case of too little, too late, and that there are so many instances in which the
City would have to make full reversals and start over on the whole issue, and he was not
willing to do that; and that this is the third attempt to address it.
Councilmember Oden stated lie appreciated the amount of time the staff and committee have
spent on this issue, and that he felt it was possible to reach a solution and to salvage the
people who work in the City, without throwing everydning out that has been done, even if it
means working at it a little longer.
Mayor declared a brief recess to allow members to read the materials which were submitted
by the taxicab owners.
Councilmember Reller-Spurgin stated she appreciated the opportunity to review the
materials; that she was concerned by the mandatory aspect of the taxicab proposal regarding
the rail station seating, shelter, restrooms, and other aspects like the flag line marketing
and direct telephone, for which the City does not have the money; and that there were
multiple meetings held on this matter, and no one came to them.
Councilmember Hodges stated that she was concerned that the statement was made that the
main reason for the shuttle was to serve the rail station; that the staff report indicated that it
was also for addressing the short trip complaints, and if that is not important at this point,
then the only reason is trying to accommodate the rail station; that the shuttle will not be
sitting at the station waiting for the train, rather it will be told when the train is expected to
arrive (confirmed by Aviation Director as existing practice by the Airport, and expected to
be similarly arranged by the super shuttle); that she questioned why that information cannot
be given to the taxicab drivers, so they could meet the train, and therefore why a shuttle is
necessary; that there will not be any financial benefit on an individual person basis; that the
Council had one scenario in mind, and it seems that it can be accomplished through the
taxicab group, which seems to now be united; and that she did not see where the shuttle was
needed at this point.
Council Minutes
12-17-97, Page 8
Councilmember Barnes stated he spoke with the drivers during the recess, and tried to
answer some of their concerns, e.g., the RFP not having been directly received; that he
made a comparison between is own experience when he sought to submit construction bids
by ferreting out the opportunities through trade papers and newspapers, and not having
agencies seek them out; that he did not consider that a good excuse; that lie read Page 7 of ,
the taxicab proposal, and did not believe a literal interpretation was appropriate, rather that
it was intended that notice was provided through the processes that the City uses; and that
lie did not believe tilt the cost to work the taxicab plan at the rail station, and the money to
start over with the process, is not warranted.
Minute Order 6062, as recommnended, was moved by Barnes, and seconded by Kleindienst.
City Manager responded to question by Councilmember Oden that if adopted, the motion
would not preclude the portion of Councilmember Oden's recotmnendation of meeting with
representatives of the cab companies and looking at some improved services, including
short-line services and parity.
In response to question by Mayor, Councilmember Oden clarified that "parity" means
"baggage „
Airport Director noted that the contractor negotiated that part of the contract, in that
anything in excess of what the airlines carry would be. "excess baggage" for which charges
would be a matter between the customer and the shuttle service, and it was not a matter
required by the Airport.
Following discussion, the above motion carried by the following vote:
AYES: Barnes, Oden, Reller-Spurgin and Kleindienst '
NO: Hodges
ABSENT: None
6. PD224 - SHADOWROCK LLC
Recommendation: That the Council approve final Planned Development District 224
and Phase I Final Plans for an 18-hole golf course and clubhouse subject to conditions.
(Note: additional materials previously provided at December 3, 1997 meeting on file
with City Clerk)
Mayor stated he would abstain due to a business relationship with the developer.
Councilmember Hodges stated that Mr. Bragg also owns the Marquis Hotel, which (116-
advertises in her publication, "Pain Springs Presents" and she would also abstain. 089)
Mayor turned the gavel over to Mayor pro Oden.
Director of Planning & Building stated that this is a phased, large, master planned project,
culminating after years of work to a point of issuance by the City of grading peunit for the
golf course. He noted that the project was approved in 1993, including certifying of the
FIR, and approval of a Planned Development District, which provided all overall master
plan for the project; and that the tract map was approved earlier in 1997, to create 6 lots, to
define the golf course, clubhouse, and future hotel locations. He described the project as ,
approved, and subsequent changes as a result of preparation of the final development plans
and working through various State and Federal agencies, and the conditions of settlement
agreement approved and entered into in 19_, and to accommodate all of (lie various
mitigation measures required by all agencies; that the golf course size was reduced from
158 acres to 142; and that grading was reduced by an estimated 220,000 cubic yards. He
summarized other reductions since the original 1993 approval, also noted in his report. He
stated that State Fish & Game took a very keen look at this in 1993, and in the Settlement
Agreement, which is Federal Court sanctioned and still in erfect, the developer was
required to have a no development zone which this plan contains; to acquire 340 acres in
1�fm•r'')...+L.
Council Minutes
12-17-97, Page 9
the Blaisdell Canyon or other area, which must be approved by the State, and to replace the
habitat for the proposed project; and that the developer pay $50,000 to the State for Big
Horn Sheep study. He stated that the project has complied with all State conditions, and has
received a permit from the State to move forward. He stated that Phase I does not include
some of the final details of the golf course - landscaping, maintenance, entry and access
improvements; and that the Commission approved the project, after thorough study on
September 17, by 7-0 vote. He commented on the December 3 letter from the Attorney
for the Sierra Club, Terry Ikilpatrick, i.e., the following four issues were raised which they
felt were not adequately addressed, and argued that either there needed to be a supplemental
EIR, or the project denied:
a) Wildlife corridor. He pointed out the area, and slated that the developer has
complied with State requirement.
b) That Conditions have nothing to do with avoiding significant impacts. He stated
that this is not the case, in that the State sued the City over significant impacts, and
there was settlement with the State over significant impacts - the Big Horn Sheep;
avoided water course area, leis bell area, and reduced development area -
significantly done to reduce environmental mitigation; and that cumulatively, it is
substantial.
c) That the City will not derive benefits from the project because of the changes that
were used to support the Statement of Overriding Considerations in 1993. He
stated that the Sierra Club contends that there will not be a hotel or any other
development, but in 1993, Phase I golf course was approved, and the homes and
hotel were to come later; that no change in plan has taken place in that regard; nor
has the developer given any indication that he will not build a hotel, and that it was
' not reasonable that he would build the golf course without the hotel, therefore, the
benefit to the connnunity, as stated in 1993, will not change, except there will not
be as many single-family homes, because the State said not to because of
environmental mitigation- thus the Statement of Overrding Considerations has not
changed.
d) Regarding Big Horn Sheep, controversy, and disagreement between experts. He
stated that in 1993, the disagreement was present, the Big Horn Sheep were
present (about 19-20) currently 25 adults and 3 lambs in the San Jacinto Mountains;
that the debate remains, and experts will debate [hat for years, however, the law
does not state that debate must be resolved, rather that information has been
provided, and considered; and that this project has tried to mitigate environmental
concerns as much as possible.
He stated that the City has acquired property since about 1975, and currently owns about
3400 hundreds of hillside habitat, most of which is for the Big Horn Sheep; and an
additional 120 acres is contemplated on the agenda for this date; that no other city in the
Valley has acquired as much; that it is undevelopable, and is substantial in area; that about
765 acres of that habitat was dedicated by Shadowrock, and is part of the over all inventory
of hillside habitat. He displayed the exhibits, focusing on the changes to the projects, the
mitigation issues, and actual grading plans - both specifically and in general. He also
displayed details of the clubhouse, which was given preliminary architectural approval by
the Commission, however, detailed plans are yet to be reviewed. He displayed a rendering
' of the proposed elevation of the clubhouse, as well as indicating the hillside space which the
City currently owns. He stated that the Conunission recommends approval of everything
before the Council at this time.
City Attorney emphasized that there was a full EIR in 1993, and the Notice of
Determination was filed, which under the law, provides a 30-clay period in which a
challenge can be made; that it was during that tune the State Fish & Game filed suit, and it
was through the Settlement Agreement that the additional mitigation measures over and
above the EIR were agreed to. He stated there have been concerns about the environmental
process used to simply slowdown a project; that the Notice of Determination and the 30-
day challenge period, is one means of preventing use of the EIR process to delay
Council Minutes
12-17-97, Page 10
development; and the other is if after an EIR is approved, the only other circumstances that
would reopen the issue, is if there were substantial modifications to a project that would
increase the impacts that were originally analyzed, or if significant changes in the
circumstances under which the project was going to be undertaken, would change that
analysis. He stated that the only issue at this time is if there were some; changed
circumstance or impact that was not originally addressed; and with respect to this project
downsizing and the different factors that were brought forward by the Director, Ifie did not
believe there were those type., of circumstances to warrant reopening the environmental
impact report process.
Mayor pro tem called for Public Comments on this issue.
Geoff Willis, 3403 10th Street, staled that given the full report, there was no reason to add
to the very complete presentations by the Director and the City Attorney; that do have
copies of a response to a letter they received this date from the. Sierra Club, which the
Director had already responded to, and wished to submit them for the record.
City Attorney asked to hear from the applicant on the correspondence regarding; potential
new observations of sheep, or signs of sheep.
Jun Cornett, representing J.W.C. Ecological Consultants, and biologist on the project since
1982, stated he has reviewed information provided by the Big Horn Sheep Institute, and it
appears that in November, 1997, there were perhaps 1 or 2 Big Horn Sheep on or near the
site; that lie has always maintained that it was possible that Big Horn Sheep could be found
on or near the project site, but historical data and information collected over the past 15
years, shows it is an extraordinarily rare event, and those observations do not change his
finding in anyway that this project will not have a significant impact on Big Horn Sheep,
primarily because Big Horn Sheep do not utilize the project site or the immediate vicinity,
gleaned from information over fifteen years, in addition to information going back to 1961,
when Tramway employees were questioned as to how often Big, Horn Sheep were seen
crossing Tramway Road or in the vicinity; that probably prior to the time the Train was
built in 1961, the Big Horn Sheep may have utilized the floor of Chino Canyon, but
observations since 1961 have became increasingly scarce, up to the point of being non-
existent in the past fifteen year, with this one exception in November of this year, when this
one or two sheep observation occurred, but that it is an extraordinarily rare event, that
apparently only occurs once every fifteen to twenty years.
ht answer to question by City Attorney, Mr. Cornett stated the sheep are well known for
using the hillsides and mountain tops more than one-half mile away from the project site,
and 99% of all observations take place there, and that is true since the late 1980s, and that
there are on average 1,000 cars per day on'Framway Road, and he did not think there was
any question but that it is vehicular traffic on Tramway Road, which keeps the Big Horn
Sheep out of the bottom of Chino Canyon.
Chuck Kaufman, resident, suggested that dilapidated houses should be raffled off and
fixed, and not open more canyon areas for desecration; that the sheep only started coming
down (lie mountains because people left out garbage; that his father was one of the founders
of the Tramway, and sorry if it has disturbed the sheep, but it was given to the people of
California and the world to enjoy and share; that another 18-hole golf course is not going to
help Palm Springs; that the Canyon Golf Course could be taken over and put to good use;
and that the Counclmembers should think about it from their hearts; that he think:there will
be a golf course with empty homes; and he restated his original statement of a lottery to
improve dilapidated homes.
There were no further appearances.
COuncihmelrlber Reller-Spurgin stated that there is a letter in the packet from Art Lyons,
saying that he was present at the State Fish & Game meeting, and that there was
representation of the Sierra Club also present. Director of Planning & Building stated that
he, too, attended the meeting, and that there was representative of Sierra Club present
before going into the settlement conference; however, he did not hear conversation between
she and the Fish & Game employee, but his understanding was that she did not have a
Council Minutes
12-17-97, Page 11
problem with Shadowrock at that time, and that is the date the settlement agreement was
worked out.
Councilmember Barnes stated that if mitigation measuers were hoops, Mr. Bragg has bad to
jump through many to make this project fly, and he appreciated his letter of this date, which
addresses a lot of the things talked about to date; that he appreciated his comment, "we will
never give up;" and that he, too, believes in the project and feels it is needed, especially
after seeing the illustration of the clubhouse; and he thinks it is really a great project; and
feels that all of the issues and concerns have been addressed.
Councilmember Reller-Spurgin agreed with continents regarding Mr. Braggs' endurance,
and she looked forward to the project.
Mayor pro tern stated he is impressed as to the amount of open space inventory the City
has, and it will become more important in the future.
Resolution 19166, as reconunended was presented; after which, it was moved by Barnes,
seconded by Reller-Spurgin, and carried by the following vote, that R19166 be adopted:
AYES: Barnes, Reller-Spurgin and Oden
NOES: None
ABSENT: None
ABSTAIN: Hodges & Kleindienst abstain.
7. TELEVISING BOARD & COMMISSION MEETINGS
Recommendation: That the Council establish priority for televising board and cotmnission
meetings, and that sane be scheduled only on Tuesdays or Thursdays, and held in either
Studio A (Council Chamber) or Studio B, where television coverage is possible, and that
the boards and commissions adhere to the scheduled threes of the meetings.
City Manager reported that a CDBG funded project for 1997-98 fiscal year is with the
Adult School to provide television broadcast training, and following establislunent of(114-
priorities in terns of board/commmissions to be televised, the number of hours available will 003)
be distributed; that the meetings must start and end on time.
The Council expressed an interest in the Planning Commission, and noted that some boards
and commissions meet away from City Hall. Councilmember Oden noted that there will be
some legal aspects that will need to be attended to, as well as raising the comfort level of
those commissions which have not been televised in the past.. Mayor suggested that not too
much be taken on at one time, and perhaps a fill day be spent at one time, rather than
setting up and taking down throughout tlhe week.
It was the consensus of the Council that the staff construct a schedule and report back to the
Council.
8. SUNLINE- COMMUNITY PARTNERSHIPS OF THE DESERT, INC.
Discussion and direction, if any, concerning the formation of tlhe Community Partnerships
of the Desert, Inc. Motion for City Board member to support joining 501C3.
Dick Cromwell, Executive Director for SunLine, stated that it has become a beta test site in(143-
the area of emissions testing, and a 501C corporation can accept certain contributions that 005)
do not usually come to governments; that the elderly and handicapped are often the focused
groups of various foundations. He stated that the cost for establishing the non-profit
organization was not from Sml-ine, but from the SmhLine Services Group, which is an
entrepreneurial based entity, and it hopes to recover that investment from the grants the
non-profit group receives.
-a,` ;
Council Minutes
12-17-97, Page 12
In answer to question by Council, Councihmember Barnes stated that it is a question for
SSG's attorneys to answer; that there are various other proposals for the City to join, and it
can achieve its purpose through this type of structure; that the information provided is not
clear as to the purpose of the Partnership, although he understood it better from Mr.
Cromwell's presentation; and that it is not dissimilar to the idea being discussed regarding
economic development in the City.
It was moved by Hodges, seconded by Barnes, and unanimously carried, that the Council
has no objection to the formation of die partnership (which provides that members of the
Sun Line Board are also members of the Partnership).
9. ENERGY SERVICES PROVIDER AGREEMENT
Reconumndation: That the Council approve an Energy Services Provider service
agreement with Southern California Edison Company, A3884. City Manager noted the (147-
memorandun of the Assistant City Manager. 004)
Councilmember Barnes stated that P.S. Energy Solutions seems to be conspicuously absent.
City Attorney provided a lengthy comment indicating that there are a set of documents by
Enron regarding retailing and a purchase-back of power agreement with First Point to
provide retail services, and it is irnportant to make certain that they back-stop obligations
which the City is taking on, and that the City will not get stuck with any shortfalls between
the charges and what it receives in revenue; and that the goal is to come back to the Council
with binding contracts and to start entering into contracts with customers.
MO 6063 as recormnended, was presented; after which, it was moved by Reller-Spurgin,
seconded by Barnes, and unanimously carried, that MO6063 be adopted, ,
10. TRANSPORTATION
a) Discussion regarding CVAG becoming a transportation authority; no discussion.
b) Action, if any - No action taken.
I I. ADDITIONAL LEGISLATIVE ITEMS: None
CONSENT AGENDA:
J 2. Res 19167 approving Memorandum of Understanding with the Police]Management Unit for a (110-
two-year period ending June 30, 1998. 013)
13. Res 19173 awarding a contract to complete the landscaping of the Ramon Access Road to the(123-
Airport to Tapuz Enterprises $253,741, landscaping airport access road, CP97-25C, and 023)
rejecting bids for CP97-25A and 97-2513; and Res 19174 amending the budget to appropriate
$125,000 to provide necessary funds from Airport Retained Earning., A3885.
14. MO 6065 approving standard form professional services agreement with James Cioffi Architect (051-
to complete architectural design for the Airport Surface Transportation Dispatch & Staging 095)
Facility, not to exceed$25,000, A3886. '
15. MO 6066 approving contract services agreement with Counts Unlimited for city-wide traffic (136-
volume counting, not to exceed$9,000, CP97-17, A3887. 051)
16. MO 6067 approving an initial virtual university consulting agreement with Sandra Graves, not (099-
to exceed $47,500, a grant-funded project, A3888. 001)
17. Res 19168 approving a 3-minute passenger loading : "n front of the LG's Prime Steak (105-
House, located in the Vineyard on South Palm Can)u_ �_ .ive. 001)
Council Minutes
12-17-97, Page 13
18. Res 19169 approving Final Parcel Map 28344 to divide property at 4101, 4153 and 4193 (119-
Matthew Drive, Section 30, into four parcels -Virgie Dragice'vich. 001)
19. MO 6068 approving agreement with North American Senior Circuit Softball for the City to host (050-
the 1998 Senior Softball World Series, September 25- October 4, A3889. 007)
' 20. Res 19170 approving Payroll Warrants, and Res 19171 approving Claims & Demands (086-
Note abstentions, if any: 016)
Councilmember Warrant N Payee Particular Nature of Conflict
Hodges 926886 Granite Constr Client of Employer
Hodges 927019 Preferred Phnbg Client of Employer
Reiter-Spurgin 927062 Dennis Spurgin Spouse
It was moved by Hodges, seconded by Oden, and unanimously carried, that R19167
through 19171, and 19173 and 19174 and MO 6064 through 6068 be adopted, with
abstentions as noted.
ADDED STARTERS:
AS 1. Res 19172 accepting Grant Deed to City for open space from Jerry Ganz for 120 acres
west of South Palm Canyon and Bogert Trail, Sec.34. (109-
009)
City Manager explained that the offer to dedicate is valid only if the acceptance can be
given before [he end of the year; after which, it was moved by Oden, seconded by Barnes,
and unanimously carried, that this matter be determined eligible for consideration, and
added to the agenda.
' Resolution 19172, as recommended, was presented; after which, it was moved by Barnes,
seconded by Reller-Spurgin, and unanimously carried, that R19172 be adopted.
REPORTS & REQUESTS:
CITY COUNCIL reports or requests
a) Councilmember Reller-Spurgin requested that an item be placed on a future agenda
to discuss City Hall lobby furniture.
b) Mayor requested that Council committee appointments be added to the next regular
agenda; and that 98-99 budget sequencing information be provided to die Council.
c) Councilmember Barnes requested that consideration be given to merging the Desert
Highland Unity Center function with Parks & Recreation.
PUBLIC reports or requests None
STAFF reports or requests - None
21. STATUS REPORT ON THE CITY'S ENERGY SERVICES PROGRAM -No Discussion
' ADJOURNMENT
There being no further business at 11:45 p.m., the Mayor declared the meeting adjourned.
i
_ .IUDITH SUMIC11
City Clerk