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HomeMy WebLinkAbout1998 - MINUTES - 11/18/1998 CITY OF PALM SPRINGS CITY COUNCIL MINUTES NOVEMBER 18, 1998 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Meindienst, in the Council Chamber, 3200 Taliquitz Canyon Way, on Wednesday, November 18, 1998, 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-Spurgin, and Mayor Kleindiernst Absent: None The meeting was opened with the Salute to the Flag, and an invocation by Reverend Clifford Harris, Ajalon Baptist Church. PRESENTATIONS: PSHS Student Body Report Award to Assistant Fire Chief Mark Avener Day Proclamation, 11-18-98 (Firefighter) REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on November 13, 1998. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 4 of agenda this date. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY - No Business ' APPROVAL OF MINUTES: It was moved by Oden, seconded by Reller-Spurgin, and unanimously carried, that the Minutes of October 21 & November 4, 1998 be approved. PUBLIC HEARINGS: I. PACIFIC PALMS APARTMENTS - TEFRA HEARING Recommendation: That the Council approve an Amended and Restated Joint Exercise of Powers Agreement, enabling the City to join the California Statewide Communities Authority; hold public hearing and adopt the TEFRA resolution approving the issuance of multi-family housing revenue bonds by said Authority; all pertaining to the acquisition and rehabilitation of the Pacific Palms Apartments by Steadfast Properties, at 423 S. Calle El Segundo. This matter withdrawn from the agenda by developer, to be rescheduled if appropriate. 2. TRACT 28852 & PD250 - CUNNINGHAM Recommendation: That the Council consider a tentative tract map, planned development ( 116- district, and general plan amendment concerning 2.32 acres into 12 lots on the NW 120) corner of Sunny Dunes and Calle Amigos, find that the proposed street vacation of 14 (137- ft along the north side of Sunny Dunes is consistent with the General Plan, and a ) General Plan Amendment for a land use designation of L6 (low density residential, 6 (101- units per acre). 011) City Manager recommended the hearing be opened, and continued to November 23, 1998. Mayor declared the hearing opened. ( . l_+' Council Minutes 11-18-98, Page 2 Male Resident, 666 Thornhill Road, questioned what kind of buildings will be constructed, and stated that his concern was that they not be cheap, and that the density was increasing from six to twelve, and he wanted more information. There were no further appearances. ' It was moved by Reller-Spurgin, seconded by Barnes, and unanimously carried, that the hearing be continued to November 23, 1998. 3. GENERAL PLAN AMENDMENT & CHANGE OF ZONE Recommendation: That the Council consider amending the General Plan to realign portion of bike trail west of Tachevah Dam; and a zone change from W-R-1-A to 0-20, related to the Mt. Falls Golf Preserve project. Items 3 and 4 consolidated into one hearing. 4. CUP 5.0730 - MT. FALLS GOLF PRESERVE Recommendation: That the Council consider an application by Mt. Falls Golf Preserve Company for an 18-hole championship golf course/clubhouse/twenty residential units and related golf facilities on 359.08 acres located west of Via Monte Vista, adjacent. to (078- the Tachevah Dam at the base of the San Jacinto Mountains. 072) Director of Planning & Building summarized the recommendation concerning the (101- General Plan Amendment, noting that the recommendation is to delete a portion of the 011) bike trail, which was originally intended to connect to the Lykken Trail, but it is dangerous and not good for a bikeway; that the amendment also relates to the portion of the property related to the conditional use permit on land owned by the City, and the ' recommendation is to designate it as 0-20; that both the General Plan Amendment ;md the Zone Change are follow-up actions to on-going city planning and zoning, which came at the same time as the CUP, and the Commission held both hearings at the same time. He stated that the CUP is the key issue, and the Council needed to determine whether the environmental record is complete and adequate and sufficient to make a decision; and that the EIR will not make everyone happy. He stated that the Notice of Preparation was issued in November, 1997; that the EIR was completed in April, 1998; that the 45-day review period began, and 100 copies of the EIR were circulated; that the public comment period ended June 8, 1998, after which the City responded to every environmental issue that was raised. He stated that the property has two ownership components - Riverside County Flood Control District, which leased land to the developer, and City-owned acreage in the upper region, also leased to the developer; that the EIR mainly focused on the 329 acres for the golf course and condominium units; that the City acquired the property in 1975 for open space and recreation purposes; that at the time the debris basin was built, the property was noted as possible site for golf course use, and is so noted on the General Plan. Planner Frank Coyle displayed photographs showing the relationship to the surrounding properties and uses, and noted that existing access to the site through 555 Via Monte Vista will be retained. He showed the proposed uses and that the existing residence will be a clubhouse; that the closest building is 108-feet away, and the; architecture will match the existing residence. Director of Planning & Building stated that there are a number of land uses included; ' that the golf course was redesigned through the FIR to avoid natural drainage channels; that the golf course will be open to the public for one-half of the play .and operated from sun-up to sundown; that the maximum occupancy at the clubhouse will be 192, and the restaurant will be open until 9:30 p.m., weekdays and 10:30 p.m. weekends; that the golf course and project maintenance schedule on east side will not be until after 8 a.m., and golf course maintenance will be mostly west of the debris basin and that will start at or before sunrise, which is consistent with golf courses throughout the community; that the parking meets or exceeds parking for golf courses that were looked at, and carriers will be used to transport people from the parking lot to the clubhouse. He stated that the Council Minutes 11-18-98, Page 3 General Plan designation is Open Space and Conservation, and development is limited to very low residential and recreation - passive and active - and the proposal is compatible with the designation, and the lower portion of the site is Watercourse; that very low residential means 1-2 units, which would allow up to 21 units by right of General Plan - of which 20 are being proposed; that the City has consistently allowed golf courses and residences, for example: Mesquite Country Club, Palm Springs Country Club, Cathedral Canyon Country Club, Tahquitz Creek Golf Resort; that the General Plan considers balancing resources, environmental concerns against the economy, and neighborhood concerns; that some agencies only look at one area; that the City has an active and aggressive program concerning hillsides, including use of density transfers, land trade, other agency planning, and an active record to conserve and preserve the hillsides; and the City's role is to achieve a balance of all of those issues. Paul DePalatis, Dudek & Associates, lead consultant on the FIR, commented on the affect of the project on air quality, noting that it is no longer to determine affect other than during construction; that particulate matter (PM) standards will be exceeded, and while fugitive dust ordinances will apply, the standard will still be exceeded, and not fully mitigated; that grading should cease if winds exceed 25 MPH, but heavy equipment moving dirt will still exceed it. He stated that the Coachella Valley is in a water overdraft position; that the Desert Water Agency felt that providing water to the project would not be a problem - i.e., equal to 1/2 of 100th of I%; however, because of the overdraft position, the cumulative affect of the project is significant, and is an immitigable issue. Paul Keilhold, Lilbourn Corporation, commented on the biological aspects of the EIR, noting that there are two dozen species of concern in the general area; that only one was found on the site - the Big Horn Sheep (BHS) - which is endangered and fully protected; that it is believed there are between 20-26 BHS in the San Jacinto Mountains; 1 that there will be an 88.4 acre loss in habitat as to the project site, and an unknown loss on adjacent habitat; that it will subject the sheep to potential human interaction; that overall affect of the project, along with others fronting the mountains, is significant to the sheep; that use of the golf course will further restrict the range and potentially affect the sheep; that the current number of sheep cannot use all of the habitat that is available (30,000 acres) but it is unknown how much of the habitat would be needed. Director of Planning & Building stated that concerning air quality, any project of this size will create significant impacts by heaving equipment and earth movers, and the only way to cut that down would be to reduce the amount of grading; that delays would substantially expand the construction time; and it would be best to get going quickly, allowing grading to be done quickly, and to handle PM10 through a lot of watering, especially near the mountains. He stated that any fugitive dust from the site would end up on the desert, unpopulated areas, east of the Coachella Valley. He stated that direct impact to the BHS was not significant of itself; that secondary impact to the sheep was the possibility of grass poisoning, and possibly through changing their behavior, it was not significant of itself; that the cumulative direct and indirect impact on the BHS is significant; that data gathering from the various agencies involved was not always given quickly, and the amount of data is not large; that there are a number of mitigation measures concerning the sheep, including that the developer acquire land at a certain ratio, and place it in a protective status; that the developer pay $50,000 for the on-going study and evaluation and management of the sheep in this area; and plant materials be restricted, which have been identified as non-toxic, and eliminate those which are toxic to the sheep. He stated that the Council would have to make findings that the impacts still could not be mitigated fully, and if it felt the project should be approved, statement of overriding considerations would also have to be made; that the City has acquired 3,400 acres of quality habitat for the BHS; that an edge has been created, and 3-4 of the golf holes would encroach into the habitat. He displayed photographs depicting with "yellow dots" the range of the sheep published in the Federal Register, which is 1.5 miles away from the closest observation of BHS at the top elevation above the project site; and photographs showing Dry Falls and the debris basin. He stated that the Planning Commission carefully looked at the nine homes along Crescent Drive, used noise meters, and took extensive field trips, which resulted in a lowering of the parking lot by 2 feet, and building berms to eliminate the physical and lighting presence of the Council Minutes 11-18-98, Page 4 parking lot; that the golf course equipment building was designed to get out onto the golf course and neighbors probably will hear the mowers because of d to proximity and quietness of the neighborhood, but through design factors, it has been worked to a low level; that the route to the site has enough capacity to handle the traffic that will be generated, and with tee time schedules, not all players on the course will arrive at the , same time; that the largest gatherings would be weddings and receptions, or "shotgun" tournaments; that most traffic will use Alejo because it is signalized, while Chino is not and it ends onto a one-way street, it will see some increased traffic. He displayed a map showing the areas of opposition and in favor, and a graphics impact photo showing the project from three perspectives. He stated that the properly acquired by the City did not have any deed restrictions to it, and it is one of the few that can be used, and within Palm Springs there would not be much more encroaching, other than perhaps the Canyon project and in Chino Canyon. In response to questions, the Director of Planning & Building stated that a portion of the parking area would be unpaved, and turf covered, and be used for overflow parking; that such area is located closer to the clubhouse; that he believes there would be enough on site to handle the daily operation; that there is an ewe group of sheep in the San Jacinto Mountains, that the population is 20-26, and sometimes the rams move from San Jacinto to Santa Rosa. Mayor declared a brief recess. Upon reconvening, he explained that the Council would receive testimony, allowing five minutes per person; that it has received a number of letters both in favor and in opposition; that the Council is doing due diligence in considering this matter, and has received a great deal of information;, and asked that testimony not be repetitive. He declared the hearing open. Fred Grand, President, Preserve Golf Company, stated that the noise; testing on site demonstrated that mowers and persons shouting were indistinguishable from the top of , the debris basin to the upper golf holes; that he desires a project which includes an Arnold Palmer Golf Course, a clubhouse, 10 villas for sale, and 289 parking spaces; that there are no hillside or golf course homes, and only 88 acres will be in grass, all of which is outside of the dam; that conservation and public hiking trails remain in tack; that new jobs will be created, and additional tax generated; that it will make Palm Springs a premier golf destination; that they will work with the Taliquitz Creek Resont; that he has tried to address all residences concerns; that following a tour of the site, he asked the homeowners alliance to meet, which it agreed to, to discuss noise and other issues; that an agreement was reached with the alliance's appointed negotiating team, and a Las Palmas Gold Card was agreed upon; that he. signed the agreement and mailed it to the alliance, which has not been returned; that he felt public opinion strongly favors the project, supported by a research survey conducted, included a majority of the Las Palmas area. Paul Selzer, attorney for applicant, stated that testimony will be made that the decline in the BHS is because of people intrusion; that the sheep population declared from 280 to about its current number of 22; that whether that is true to people intrusion, the maps showing the range of the sheep is above the 3600 foot elevation; that Fish & Game has said there are about 30,000 acres remaining in the range; that from 1975-1998 a title search showed that only 400 acres was developed during that time; that the site represents less than .0001 of the total area, and will modify 88 acres, or an additional .00012 of the total; that mountain lions, disease and automobiles may be more responsible for their decline; that if the area is really important to the herd, then there ' should be more evidence of that on the project site; that no evidence was found to support it by the agencies that surveyed the site, the EIR consultants, or the developer's research; that radio telemeter reportedly found three on the upper most hole, but he did not know where that data came from, and requests for such information was previously refused. Dr. Ken Kingsley, biologist, Arizona, stated that the definition of BHS habitat depends upon the presence of the sheep; that no evidence supports the contention that the site supports the BS habitat; that there are no trails or droppings; that it does not resemble Council Minutes 11-18-98, Page 5 the habitat used by the BHS in the San Jacinto Monitions; and there is no evidence to support any contention of significant impact. Jim Manning, Rose Avenue, resident, Manning Research Associates, stated he was ' retained to conduct an attitude survey as to what the larger community thought about the perceived impacts of the golf course; that a mail survey was done of 3,279 residences, looking for a 10% response; that a 29.8% response was actually received, and no attempt was made to stratify the sample. He stated that the result showed a strong sense for community and economy; accurately reflected the attitude of Palm Springs homeowners; that the response was a powerful and positive and overwhelming support of the project; that there are 700 households in Las Palmas, and 14.3% were mailed (100) of which 71 responded, and of that 44 or 62% agreed that the project should be supported. Gene Gregorian, Economic Research Associates, stated that they have been involved in the project for 1.5 years; that Nations Credit Bank retained them in 1998 to conduct a fair market value of the project, which resulted in conclusion that the project is feasible and the analysis indicated that by industry standards, the values are in excess of cost of developing it; that the project has the potential, if developed properly, to be in the top 2- 3 projects in the Coachella Valley, and among the top projects in the United States; that a fiscal impact analysis prepared by KMG showed a $500,000 annual positive benefit accrued to Palm Springs; that it will become part of the visitor infrastructure, and not a displacement of current facilities, therefore little impact on existing visitor inventory, rather a compliment to it. John Connell, resident, spoke in favor of the project, and urged that it be given a chance to succeed. ' Jim Cornett, biologist, resident, stated he did not reflect anyone's views; that Mr. Grand asked for his opinion; that he has conducted 100 surveys concerning the sheep and probably more in the Coachella Valley than any other biologist. He noted some projects in the past where a significant impact was found, and stated that such is not the case in this project site; that he did not believe the project will have a significant adverse impact on the BHS; that he has never observed one sheep on that part of the project site to be developed, nor tracks, nor signs of any use; that the site is not suitable for BHS habitat; that over 70% of it was severely impacted during the construction of the debris basin; that it is vegetated by fountain grass and tamarisk, neither of which are suitable for the sheep; that it is part of the alluvial fan, which is not preferred by the sheep; that the area is frequented by people with unleashed dogs; that there are no sources of drinking water, nor near water sources; that die sheep do not come down into the area because it is lousy habitat; and that based on 25 years of field work since 1975, he did not consider that anyone could oppose the project based on harming the BHS today. George Younkheere, Coronet Circle, resident, stated that if the Council has any reservations about the project, it should vote No; that it will allow commercial zoning in a residential area; that he was not comfortable with long-term leasing public land for $1, and contended it might be a gift; that the citizens pay a 4.5% utility tax, and he questioned why the City paid 50% of the cost of the EIR; and that most Las Palmas residents are not wealthy. Larry Liguori, Coronet Circle, resident, stated that the debris basin area is an airless ' void during the June-September period; that he spends a lot of time on the trails in the area; and that he would not want to be there during those months after 8 a.m., or before 4:30 p.m., and questioned how a golf course can survive during that time in that area; and that another golf course is not needed. James Hawes, Los Robles, resident, expressed opinion that the attitude survey was biased, and experts can be found to say anything; that he fears for the quiet enjoyment of the neighborhood; and that that another golf course is not needed. Council Minutes 11-18-98, Page 6 Bob Pollock, Patencio, resident, commented on characteristics of the Las Palmas area which he felt would be destroyed by the building a golf course, i.e., its old homes, unique area, opportunity to walk or bicycle, no traffic, and quiet area. Jennifer Rechel, biologist, UCR, spoke in support of the Fish & Game position on ' protection of the BHS habitat in the San Jacinto Mountains; that the sheep need continuous access to water and roaming; that BHS do not necessarily have a choice to move; despite that there may not have been any observations, the decision should be based on long term research, e.g., 6-20 years of continual checking; that the sheep are sensitive to changes in adjoining habitat, which of itself may not be suitable, but which should be protected. Dave Baron, attorney for the Las Palmas Neighborhood Alliance (LPNA) stated that there is conflicting scientific evidence on all issues; that the question is who is right, acid the Council must weigh the economic benefits versus affect on the neighborhood; that noise, smell and odors will effect the way of life in the neighborhood; that he believes the City preapproved the project in 1995 when it signed agreement with the developer, contingent upon certain things happening; that a statement of overriding considerations is needed; that there is overwhelming significant opposition and the Council should not approve it; that the Zoning Ordinance requires that project must be desirable for the community, in harmony with the General Plan, and not detrimental; that nothing in the MOU has addressed this. John Christe, Terra Nova, representing LPNA, submitted an additional letter outlining issues specific to the sheep, etc., also a 3-page letter analyzing fiscal impact that was not in the Council's agenda packet, and stated that the neighborhood's concerns are straight forward, explicitly exceeding General Plan and what are ancillary corm aercial uses such as restaurant and bar, and special events. He also commented on the BHS and read , from the City's General Plan policy statements concerning the sheep. Marjorie Elmquist, W. Vereda Sur, resident, stated that the zoning change would affect the atmosphere and quiet of the area. Phil Tedesco, LPNA, stated that the petitions from the neighborhood represent 700 who are in opposition, and it would be unconscionable to approve the project; that approval would set a precedent by changing the R-1 zone to commercial; that LPNA is not opposed to a golf course, but they should be in locales were there is a vast surrounding areas in which planned communities can be built around them; and that Shadowrock and not Mt. Falls golf course is the panacea to Palm Springs' economic problems. Dr. Larry Cone, Via Vadera, resident, stated that he thought there would be a health hazard associated with the project, in that the incidents of San Joaquin Valley Fever were rare in the Coachella Valley until downtown valley golf courses were built in 1984, and the first case since then occurred in 1994, and again in 1996; that the construction of the golf course will result in particulate matter containing the disease fungus, which will be carried hundreds of feet into the air, and inhaled by persons over the age of 65, who are the most susceptible. John Macon, Chino Canyon Drive, resident, spoke in opposition to more zone changes, and destruction of the desert. Marian Hargrave, Via Lola, resident, spoke in opposition to the golf course and ' commercial aspects of the project, which will force a major commercial operation onto a beautiful and stable residential area; that she appreciated the Council's efforts to revitalizing North Palm Canyon, and that business have been brought in which are in keeping with the village character; and that new development and new projects are needed, but not in this location and not crammed into an established residential area, for which no mitigation can ameliorate the fact that commercial use would) be allowed in a residential area. Marvin Bryan, Crescent Drive, resident, spoke in opposition, citing noise, traffic, and congestion, and lack of traffic studies relative to Via Monte Vista. Council Minutes 11-18-98, Page 7 Dr. Charlie Shaeffer, Via Las Palmas, resident, stated that construction will impact joggers, runners and others who exercise in the neighborhood and who use Via Monte Vista; that facts have been distorted; that people in Las Patinas are opposed to the project; that an additional golf course will impact this area, and is something that ' residents do not want to see happen; that little has been said to justify the project from the standpoint of economics; that he understood the City has already spent a lot of money, and stands to spend a lot more; and that based on inconsistencies, the Planning Commission recommendation should be rejected, and the Council should deny the project. Dr. Stuart Barton, Chino Drive, resident, stated that the project will place a financial burden on the City by an undisclosed bond issue; and that PM10 penetrates people's lungs. Seymour Lazar, Hermosa Place, resident, stated that the neighborhood does not now take to late night patio noises; that for the project to be economic feasible, a lot of commercial uses will be needed, and it will not work financially as a golf course alone. Claire Shaeffer, Via Las Palmas, resident, spoke in opposition based on traffic safety and noise on Via Monte Vista, impact on runners, dog walkers, and joggers, quiet of the area, no crosswalks or lighted intersections between Vista Chino and Tachevah. Patricia Barton, Chino Drive, resident, spoke in opposition to the restaurant use, stating that it will serve three meals and require daily produce and supplies, delivered during early morning hours; that noise will increase by trash trucks, and supplies to the pro shop, causing noise from early to late at night in the middle of the residential area. Dr. Albert Milauskas, Patencio Road, resident, stated lie walks the neighborhood, and that he has a reliable witness who saw as many as seven BHS above Dry Falls on the day before this hearing. Mayor declared a brief recess. Ralph Hitchock, P.S. Economic Development Corporation, stated that they have looked at the project, analyzed its benefits to the community, and concluded that it is needed and should be approved. Ray Lovata, President of the P.S. Hotel and Hospitality Association, stated that the project will create jobs and increase revenues to the community, and that the Association supports approval; that Palm Springs needs new, well-thought out projects; that tourism is its number one industry; that the room tax represents 25% of the City's budget, and without a utility tax, it would represent 33%; that all of the down valley resorts are trying to build more of these types of projects because they attract "snow birds" and for each one that is added down valley, it takes money away from Palra Springs, which will find itself on the "endangered" list. Brian Harkins, S. Belardo, resident, Chief Financial Officer, Preserve Golf, stated that Nations Credit is the lender on the project, and that the site is one of the finest in the valley, and the development team has done an excellent job of balancing the community, environment, and economic concerns; and that if had done otherwise, it would not have received the loan endorsement by Nations Credit, John Pinkney, Pasco Dero, resident, spoke in favor of the project, and that he was pleased the developer took the neighborhood concerns seriously and addressed them; that one issue to address is the direction the City will take in the future, and its commitment to further growth; that the developer has secured funding that no other project has been able to do, and is in the right location, and the City cannot afford to see this opportunity walk away, which would not be fair to all residents of the community; that there are feelings by those who are immediately adjacent to a project, and people want economic growth and the City to flourish, as long as it does not impact them personally; that some issues apply to any project- e.g., PM10 - which will be an issue if � ' .. k Council Minutes 11-18-98, Page 8 a site is graded, or developed in any manner, and the only way to eliminate that concern, is to stop growth, which the City cannot afford; that the project is not like a movie theater, and people will not be coming all at one time; and that the project is good for the hotels, downtown businesses and restaurants, and the entire city. Marty Mueller, Bob O'Link, resident, attorney representing Preserve Golf, stated that ' misinformation and discontent were voiced at a Planning Commission meeting, and the developer give more information and to meet with the neighbors to see what could be done to work out an agreement with the homeowners; that this led to a meeting with Dave Baron and Mr. Tedesco and others; that forty issues were identified for modification to the project, one modification which came out of that meeting was to drop the parking area by one foot; that the agreement evolved and was finalized and sent to Mr. Baron, which was returned with additional demands and changes; that the changes were made and a final draft agreement was signed by the developer and sent back to Mr. Baron, but the LPNA did not sign it; that he believes some people feel that any change is for the worse; and that the project is a high-quality one, and should be approved. Joe Luisi, Via Monte Vista, resident, spoke in favor of the project, and stated he was satisfied with the traffic and noise studies; that he likes the aspect of carriers for the patrons from the parking lot to the clubhouse, and the 3-acre lake behind the dam; that the number of signers on the petitions is probably closer to 335, because many were duplicated sheets, and many who signed have changed their mind, and are in favor, and want to speak up, but fear reprisal by neighbors; that five properties most directly affected are in favor of the project, including himself; and that there are over 100 letters in support. Jack Turner, Huntsville, TN, biologist and zoologist, stated his concern for BHS ' lambing habitat, of which there are only certain spots in the range which are suitable, usually within close proximity to water and forage, as exists in Tachevah Canyon but far above the site; that he met and confirmed that on this date with 'Bower" that the lambing occurs above Dry Falls, which is more than one-half mile above the site; that disease is probably the reason for decline in the sheep population, but there has been no study every made relating to disease or lambing habitat . Hardy Strozier, The Planning Associates, stated that he contacted and interviewed "the experts" of which six work for universities, two are Ph.D. - Turner and Kingsley - and that Turner should be the only resource to be sued; that on August 25, 1998, the U.S. Fish & Wildlife and others met and the agency was asked for , but could not show, any scientific facts to support data relative to migration and lambing areas. Jim Davis, Glen Circle, resident, spoke in favor of the project, and stated that a project of this caliber is needed; that the economic development and tax income is needed; that he has worked with the developer, and feels assured of a first class project. He submitted letter from the Hyatt Hotel in support of it. Eric Mueller, Pasco de la Palma, resident, stated that the project will benefit downtown, and he was surprised to hear opposition to it; that he owned a home adjacent to a golf course and enjoyed it; and that he felt the project will improve the environment and increase property values. Bob Hunt, P.S. Chamber of Commerce, stated that the Chamber unanimously supports , approval of the project. David Rothstein, Abrigo Road, resident, reported that a recent New Yorker Magazine showed that Palm Springs' older residential neighborhood gives it its charm and the edge over other areas; that he objected to the conversion of a single-family residence into a clubhouse, bar, restaurant and lodging for 290 car parking lot, which sets a bad precedence, and other neighborhoods will be faced with the same type of conversion. James DeSanto, Leonard Road, resident, stated that the golf course projection is for 50,000 rounds of play; that PGA only has 34,000 rounds; that only 25 local golfers will Council Minutes 11-18-98, Page 9 use it, which might be nice, but disastrous to Tahquitz Creek Resort; that break even will not happen for five years; that 25,000 room nights is one projection, but makes assumption that the golfers will not stay with relatives in Palm Springs or in hotels down valley; that the City has waived the room tax for the Casitas and Holiday Inn; that ' project does not work simply because they are not asking for City funds, because the City has already spent $100,000 on the EIR and waived the taxes for "funding" it; and that the Las Palmas area should be left alone. Sherri Sidney, Crescent, resident, stated that parking is a problem, as well as the BHS issue; that other wildlife is affected; that the sound resound all over the canyon; and that the project should not be approved. Jack Sidney, Crescent, resident, spoke in opposition based on noise, and the parking lot. Bob Seale, Camino Sur, resident, President of the LPNA, stated that 718 original petitions were gathered, and all of the numbers are accurate by signature; that the agreement with the developer would have placed anyone who signed it in a position of being sued if the neighborhood proceeded to oppose the project; that the association did not want to be held hostage or subject to litigation; that the Council should reject the project which will allow the residents to stay free, that visionaries will come, that the homeowners, voters, taxpayers, and BHS win; that the developer still wins, because he is free from the room tax for the two hotels for 12 years. James McBride, Via Monte Vista, resident, suggested the emotional biases be separated from good design and planning principles; that lie was not certain that the golf course was actually a part of Las Palmas, rather has its own unique location, and is an ideal and beautiful setting; that walls and vegetation will screen out existing traffic which happens in the area, and create a beautiful oasis for Palm Springs, which is on the edge of Las ' Palmas, and not in the center of it; that it is a flood control area; that the BHS have 33,000 acres in which to roam; and he had a letter from Marie Pepperdine, 891 Via Monte Vista, in favor of die project. Dr. Gary Roberts, Vereda Norte, resident, stated he did not know who was right or wrong, but that it is important to keep the BHS here; that the beauty of the mountains belong to the people, and there should not be any project there to devastate it, as did the "Hope" house; and that he did not believe that anyone could say that a golf course will be prettier than the mountains. Lynn Neumann, Rancho Mirage resident, stated she took exception to comments by the Director of Planning & Building, and that because others use watercourse areas for golf courses, does not mean the project is acceptable; that she has never heard of a commercial thing like this project going into a residential area; that the golf course will attract the sheep, but the grass and fertilizers kill them; that the BHS cross the highway; and that she urged the Council to listen to its citizens and to save the sheep. Keith McCormick, Dry Falls Road, resident, spoke in opposition, and stated that he has seen traffic accidents now on Via Monte Vista; that the Council inherited the project vis- A-vis a settlement agreement concerning the Holiday Inn Hotel; and that only a small number of persons who spoke are in favor, and they work for the developer. Mark Jorgenson, Borrego Springs, stated that between 1968-1992 he saw many BHS in the Chino Canyon; drat die sheep regularly use the lower slopes and the alluvial fans from here to Mexico; that the range is 100 miles long, but in some cases, less than two miles wide; that the project will constrict the range by 25% and squeeze die isolate the range; that the Fish & Game has indicated that there are about 20 projects proposed in the BHS habitat; that an aerial view of it will show wall-to-wall golf courses in the Coachella Valley; that he estimated there are 100 courses, using 1.5 mgpd of water; and that the Council should consider what the habitat was 100 years ago, and what is today. Monica Willie, representing Lord & Lady Stanson, Canyon Place, stated that the Council represents commercial greed versus people purchasing domes on guaranteed R-1 Council Minutes 11-18-98, Page 10 zoned property; that the project will devalue the property; that people are entitled to be heard, and listened to; and that none of the Councihnembers live in this area. Jim DeForge, representing The BigHorn Institute, stated that the misuse of data was appalling, and he submitted an article in the Desert Sun newspaper, which referenced the ' consultant who was hired by the developer; and added that the EIR references BHS on the site; that the Tachevah Canyon is not one of the better sites for the BHS, it is nonetheless an important site; that the data held by the Institute is substantial, in that the area is one that is used by the sheep; and that there is no doubt that development will adversely affect the sheep. Councilmember Oden stated that the map supplied by the Institute is not clear in how many sightings are recent, or whether the same sheep that are repeatedly sighted. Mr. DeForge stated that there were three sightings today, but that no one specifically has been monitoring the site. In answer to questions by Council, he added that the Institute deals with 20 different sites; that an effort is made to try to supply information to anyone, but that in this case, the Institute was not requested by the developer to be involved in the project; that an estimated 20-25 ewes lamb in the Tachevah Canyon; that lambing is normally within a water supply area; that there are about 200 sheep within the range; and that the area is of great importance to the maintenance of the sheep. Stacy Ostermann, Bighorn Institute, stated she had worked for the Institute for seven years; that she would be submitting photos taken in May, 1997, indicating signs that the area is being used by sheep; that the maps in the EIR indicate sheep within the boundaries of the project; that not all data is available at this time; that Tachevah Canyon is important to the sheep habitat; that with further development, the sheep may be extinct in 10 years; and that its population is in danger, and the: Mountain Falls development is a threat to them. ' Robert Smith, Army Corps of Engineers, stated that the Engineers worked with the developer, and a letter with conditions of approval was issued in 1991; that CEQA documents need to be submitted for the Corp to review; and that NEPA documents and requirements will need to be met. Kevin Brennan, California Dept. of Fish and Game, stated that the; location of the project indicates harm to the survival of the sheep; that approval of the project, under the Endangered Species Act, will constitute a "taking"; that there is concern that fie EIR does not address all the issues concerning the sheep; that there has been additional information submitted that should be investigated before proceeding with the project; that proceeding will have a devastating impact on the remaining herd; that the amount of acreage is marginal; and that, due to development, there are a lot of hazards that the sheep are encountering due to development. Wayne Brechtel, 462 Stevens Ave, Solona Beach, Sierra Club member, stated that this is not an ordinary project, and that the decision will be difficult; that the Sierra Club believes that approval of the project will render the species extinct; that significant testimony as to the impact for the sheep has been presented; that the BHS is already on the Federal endangered species listing; that the consultant hired by the developer has been "blackballed" in the State, due to questionable practices; that the. Council will be held responsible for an illegal taking under the Endangered Species Act if the project is approved; and that the perpetuation of the BHS is more important than another golf ' course. Joan Taylor, 1800 Sunrise Way, Sierra Club, stated that the project will have direct and indirect impacts on the sheep; that there have not been enough long-term studies to determine what will be the permanent effects, but they will be significant; that the O'Donnell area is a lambing area for the sheep, and is, in fact, the: corridor to the lambing area, and is a protected area for the sheep; and she requested the project be denied. Council Minutes 11-18-98, Page 11 Peter Sorensen, US Fish & Wildlife Service, stated that the Agency's mission is to work with others to conserve fish and wildlife for the benefit of Americans; that it tries to consider and evaluate every fact possible before a decision is made; that the on-site information is not definitive enough; that when the BHS is pitted against mankind, it ' always loses; that the sheep uses low elevation, not high altitude areas; that the sheep are very unpredictable, do not adapt well to changing conditions, and are on the brink of extinction; that the effect on the sheep cannot be mitigated; that the project results in a "take' as defined by Federal regulations; and that it is evident that conservation should be employed. Esther Rubink, UC Davis student, stated that her graduate studies concern Pennusilar Big Horn Sheep; that the sheep are endangered; that they move anywhere on the alluvial fans; that the concept that only the passage core needs to be protected is wrong; that all of the core needs to be protected; that a previous publication by Dr. Turner in "Deep Canyon" concerns the sheep, and it is unfortunate that Dr. Turner changed his mind. Roy Suggett, Biologist, stated that he personally climbs the trails in the area; that the sheep are there, and bedding sites are visible; that the sheep cross in the area where the golf course is to be developed; that the trails are used by a lot of people, and they should remain; and he requested the Council avoid placing a golf course in the area. Lori Manning, Manning Research, stated that a marketing research was performed to determine the impact of the project on the area; that 78% of those who responded agreed the Council should proceed with the project; that the survey indicated that the golf course would be used; and that it is desired in the area. Al Sanelli, 605 Crescent, stated that the project is an exciting one; that it appears most people are more concerned about the sheep in the area, than the people and the ' economy; that the only decision the Council has to make is whether the project will be beneficial to the City; and he requested the Council approve the project. Geary W. Hund, California Parks and Recreation Conservancy, stated that the project will tear the fiber of the Community; that only facts are deal with in conservation biology, and that the facts are that the habitat will be fragmented; that the fragmentation will be permanent, and irreversible; that the sheep population is spread over a large area, and if any part of it is lost, the sheep will lose the ability to reproduce; and that it is critical the integrity of the habitat be maintained. Trish Tuley, Idyllwild, requested the Council approve a moratorium for the area, in order to preserve the sheep habitat; and that the Council can avoid needless lawsuits by adhering to its own General Plan. Sherry Rusch, Idyllwild, stated it was disheartening that the staff supported the project; that the project is wrong for the sheep, and the Community; that a parking lot is still a parking lot; and that the habitat must be preserved, and she urged the Council to preserve a national treasure. Gladys Kreneck, 623 Chino Canyon Road, stated opposition to the project, and added that approval would ruin the area. Shirley Hammer, 677 Dry Falls road, stated that approval of the project would be devastating; that all sound is magnified in the mountain area; that the air is still and the site is very hot; that the golf course is being compared to that of PGA West or The Vintage; that the project is not compatible with the Las Palmas area; and that most people will sell their homes and move down valley, if the project is approved. David Lagerstert, 171 N. El Cielo Road, stated that the reason most people come to Palm Springs is for the quaint village atmosphere; that this project will ruin that image for the homeowners in Las Palmas; and that this is the right project, but located in the wrong place. Council Minutes 11-18-98, Page 12 Barbara Neugass, 1148 Rose Ave, stated that the sheep need protection; and that the Council was elected to protect the citizens and the ambiance of the City. Eric Meeks, 2050 Camino Real, stated that the golf course is needed; that the utility user tax is still being assessed on residents; that the quality of life is important and needs to ' be maintained; that the City needs to improve its phone lines; and create more jobs; that it is a tough decision, but the Council needs to support the golf course. Susan Dale, 707 W. Crescent Dr., stated that she moved to Palm Springs to get away from a golf course, and would not have moved here if she knew about the project; and she urged the Council to deny the project. John Sanborn, 1247 S. Gene Autry Trail, stated that he has been a resident since 1937, and that the community needs the economic benefits of the project; that the trickle-down effect of construction will affect all of the construction trades; that Palm Springs may once again be viewed as development unfriendly if the project is denied. Darrell Meeks, Morongo Valley, stated the project may pose a conflict of interest for the Mayor, in that there are changes in the General Plan which may cause properties to change hands through escrow; and he suggest that the Mayor seek a Fair Political Practice Commission ruling. Mark Gershenson, 1133 Vista Vespero, stated that Las Palmas is a residential area, and children on bikes, or people walking, would be impacted by the increased traffic on Via Monte Vista; that the golf course will not help the sheep; that the Council should choose to protect the sheep; that the residents and sheep are one side of the issue, and business is the other side; that the purpose of government is to govern; that the Council should not sacrifice the mountain; and that there is a petition with 700 signatures on it requesting that the Council deny the project, and the Council should have the courage to ' do so. Dick Sroda, resident, stated that one does not have to live in the Las Palmas in order to understand the impact of the project on the Community; that the Council has received testimony from a doctor who is concerned about infectious diseases if the project is approved; that people move to the desert for the clean air; that the; Planning staff is supposed to be objective; that the sheep should not be destroyed; that the City Council should be held financially responsible for the taking of the sheep under the Federal Endangered Species Act; and that he found it surprising that the matter came to the Council. Gordon Clapp, 1130 Via Colusa, stated that the project will destroy the area; that there are many vacant buildings on Palm Canyon which should be developed before starting a new project; and that if the project is approved, the area will be destroyed. Bob Kite, 269 Camino Sur, questioned who will pick up the tab when the project fails; and stated that the project is not good for the sheep, the residents of]Las Palmas, or the citizens of Palm Springs. Bonnie Smith, Las Palmas, stated that the project will have a direct impact on health and the environment; and that sheep have been sighted on the desert floor. Ann Leboh, submitted a letter written by her mother, and requested the Council deny ' the project. There being no further appearances at about 2:00 a.m., Mayor declared the hearing closed. Mayor questioned if the Council wished to proceed, or to continue discussion and action. Councilmember Hodges favored continuing; Councilmember Reller-Spurgin stated that at this point in the morning it is difficult to be sharp, and that the matter should be Council Minutes 11-18-98, Page 13 continued to another date; and Councilmember Oden stated that it did not matter to him whether the discussion continued, or was continued. Mayor stated that he was not comfortable in debating the matter at 2 a.m., and note that ' the Council started the meeting at 5 p.m., and that at this point the matter should be continued. Councilmember Hodges stated that everyone knew it would be a long night; and even though one may not be as sharp as one is at 7 p.m., that did not render one incapable of making a decision. Councilmember Barnes stated that he would be in favor of moving ahead with the discussion. City Attorney stated that resolutions had not been prepared to present the findings; that any decision would not be final until the resolutions are passed; and that the information submitted during the hearing needed to be reviewed to determine if any new data was submitted. In answer to questions by Council, City Attorney stated that the cases which were cited relative to "taking" were not related to the same types of issues as in this case; that the Council would be approving or disapproving a project, not the taking or killing of sheep; and that an approval will require the developer to mitigate issues concerning the sheep. Councilmember Barnes stated that additional material and testimony presented; and that it may be prudent to get an opinion from the City Attorney whether to proceed. ' City Attorney stated that it would take some time to get a written opinion, if the Council directed him to review all materials and respond. Councilmember Barnes stated that his concern is that he would not like to go to jail; that he was proud of the way the Community handled the matter in the hearing; that the clock was respected and everyone stayed to the point; that it was mentioned that it would take courage to support the minority, but it needs to be understood that sometimes it takes courage to look at a big picture; that the big picture for the Council is the entire Community and everything that affects it; that the Council's decision does not always make everyone happy, and it is not fair to be faced with a lawsuit; but that concern for the Community is what causes people to want to serve on the Council; that each group was listened to; that there is a lot to look at; that it was very late, and a lot of testimony had been given, and that a legal opinion of the taking issue should be requested. Mayor stated that the issue is complex and controversial; that if the Council desired to make a decision, he personally was not ready to do so; that it was too late to be mentally operating at 100%; and that a decision should be weighed and debated, but not at this hour. Motion to continue the meeting was presented by Barnes, seconded by Reller-Spurgin. Councilmember Oden questioned what time the meting would be held if the Council wished to continue the meeting to November 23. City Attorney stated that the public hearing was closed; that public comments would be allowed before the item was discussed; and that any decision made by the Council made would be pending approval of the final resolutions. Councilmember Hodges stated that while she would like the Mayor to be a part of the decision process, the matter should not be continued; and that by continuing the matter, anew public comments section will have to be allowed, which could result in another meeting with the same length of time. Councilmember Reller-Spurgin withdrew her second. Council Minutes I1-18-98, Page 14 Motion to continue discussion was presented by Hodges, seconded by Reller-Spurgin and carried by the following vote. AYES: Hodges, Oden and Reller-Spurgin ' NOES: Barnes and Meindienst ABSENT: None Mayor stated that it was too late to debate the issue further; turned the meeting over the; Mayor pro tem, and left the meeting at 2:10 a.m. Councilmember Barnes stated that the EIR addressed cumulative impactt of particulate matter, and requested clarification. Planning Director stated that PM10 during development can partially be:mitigated by watering. Councilmember Barnes stated that a lot of compromises have been made; that a reconfiguration of the condos and parking lot addressed most of the noise issues and traffic problems; and that the conditions of approval include additional mitigation. Planning Director stated that the project will be monitored during construction to assure: compliance with all conditions. Councilmember Barnes stated that a lot of information was given concerning mitigation measures; that some of the information was not fresh in the mind; that wildlife is important and valuable to a community, but a community should not be destroyed by going to far; that the issues need to be weighed; that as an elected official, one must balance both sides; that the benefits the community would get are not small, but rather t substantial; that the golf course would be a Palmer Signature Golf Course; and that in his opinion, the project should move ahead. Councilmember Hodges thanked staff for providing the vast amount of information for the Council and homeowners to review ahead of time; that this was one of the largest amounts of paperwork received for a project; that she met with Mr. Grand; that the property is magnificent; that the proposed project would be a great golf course; that the issue of the sheep is of concern; that there is a lot of development in the Valley that is causing the sheep to die; that it is wrong of humanity to infringe on the animals; that those in Palm Springs can prevent this from happening; that by developing the hillside animals are being forced out of the wild to look for food; that there overwhelming opposition by the neighborhood; that the traffic will cause problems; that the character of Las Palmas will be changed forever; that the ambiance of the neighborhood cannot be mitigated; that the residential designation will be changed; that this will setting a precedence, that would be hard to defend in the future; and that she does not support the zone change, the project, or the EIR Councilmember Reller-Spurgin stated that her opinion has varied over this issue; that as an elected official, one must try to make a decision for the benefit of all of Palm Springs; that she decided long ago that she would read all she could about a project, then vote with her heart; that she toured the project site and it is magnificent; that she also viewed the project from the back of some of the affected residences; than she live on a golf course, and is familiar with that style of living; that the residents on Crescent Road ' are adversely affected; that maybe some of the design could be changed to lessen the impact, that if the condos were moved, the impact of noise would lessen; that the clubhouse hours at the clubhouse could be limited, and it not be open at night; that there may be other compromises that could be made; that the City needs a resort golf course, and to maintain tourist attractions. In answer to question, Director of Planning & Building stated that if the clubhouse is open at night, there would be one candle power per 12-foot maxhnum in the parking area; that the Planning Commission recormnended that the lighting standards be lowered to 10 feet; that sinking the parking lot two feet lowers the impact of lights on the Council Minutes 11-18-98, Page 15 neighbors; and that there will some impact to the neighbors, but the Planning Commission felt this would lessen it. Councilmember Oden stated that he once lived in the Las Palmas area; that there are ' concerns regarding the flow of traffic in the area, and the impact it will have on runners and walkers in the area; and he questioned when the construction would start. Director of Planning & Building stated that work could start at 7 a.m., and must be completed by 8 p.m.; that mitigation measures concerning the flow of traffic, including a restyling of the streets, signage and traffic control are all being looked at closely, although Alejo Road would be the main route; and that if the area starts to have problems, the City would implement a traffic plan to divert traffic. He stated that PM10 is always an issue, and traffic and wind will generate PM10 in any construction area; that it is dealt with by heavy watering, and monitoring traffic; that past experience indicates that when a project is heavily watered, a site problem is usually not created; and that this area should have little, if any, wind on site. Councilmember Oden questioned the separation of the project from the community; and the possible impact of human activity on the site in relation to the sheep; and added that the EIR did indicate urbanization is a concern; and that when the study was done, it indicated "unknown" as the largest cause of death. Director of Planning & Building stated that Mr. DeForge may be better versed to address the sheep issues; that the General Plan adopted in 1993 addressed wildlife, and identified the sheep as a resource, which does not mean the area cannot be encroached upon; that from an aerial photograph, miles of sheep habitat can be seen; that development cannot come any further down the hillside than this project; that a reasonable encroachment was determined by the Planning Commission, e.g., Shadowrock is probably as high as one can go for urban development; and that there could be some replacement acreage added for habitat. Mr. DeForge, stated that the latest study in the Santa Rosa Mountains was from 1991- 1996, which showed that of the animals that were monitored, 34% were killed by urbanization, i.e., cars, plants, etc., 28% from mountain lions, 3% disease, and 34% was unknown; that sightings were usually in the 400-600 foot range; that there were 4 sheep sighted today below that line, and were, in fact, on the project area; that there are less sightings at this time due to the number of vehicles driven in the area; that development causes loss of habitat, and if development had not occurred, the sheep would still be here. City Attorney questioned whether the Mayor pro tern was reopening the hearing, and , if so, the developer should be allowed to rebut. Mayor pro tern stated that the developer could be allowed a rebuttal. Councilmember Barnes stated that he did not advocate a rebuttal, and the Council should be allowed to ask specific questions. Councilmember Hodges asked if the golf course would be an attractive nuisance to the sheep. ' Director of Planning & Building stated that the EIR addressed the issue, but it is difficult to predict the behavior of sheep; that the Ritz Carlton has a history of drawing sheep to that area; that the City could draw on technical sources to study the issue; that if the project was found to attract the sheep, the issue could be addressed and alternatives such as fencing could be discussed; that all agencies have indicated a need to protect die sheep, and the Planning Staff has indicated there maybe a future need for fencing; and that one mitigation measure is an eight-foot fence on the perimeter of the golf course, but it would only done if there is a problem. He stated that the developer has committed $50,000 for the purpose of monitoring the sheep issue, and the money is reserved for that purpose only. Council Minutes 11-18-98, Page 16 Councilmember Oden stated that at a Uptown meeting a couple of years ago, the focus was for the City to dedicate more open space on the hillside; that there are benefits for the whole community when that happens; that the Council is responsible for the City to move forward in a balanced way; and that this project fits the area. In answer to questions by Council, the Planner stated that the General Plan designation ' for the area was applied in 1993; that an MOU was signed with Mountain Falls in 1995; and that all plants which area toxic to sheep are to be avoided in the project. City Attorney stated that litigation between the City and Mountain Falls started shortly after 1995; that after this City Council was elected, litigation did not go forward for the a couple of years; that a number of statements were made that should be: clarified, i.e., that the Council is not under any compulsion to take any action; and although that there were a lot of environmental issues raised, in terms of action, the Council is free to do whatever it feels is the right thing. Councilmember Reller-Spurgin stated that a condition could be added that the restaurant be limited to daylight hours, nor any dinner served, which should solve the issue of lights and noise after dark. Councilmember Oden noted that the golf course is proposed to close at 8 p.m. Councilmember Barnes stated that the residents appear the most concerned about lights, and it would be appropriate to determine when golf, the restaurant, or the bar halts operations. City Attorney stated that such conditions could be developed and included in the final resolutions to be brought back to Council. It was moved Barnes, seconded by Oden, and carried by the following vote, that the ' City Attorney and staff prepare resolutions/ordinance to approve Items 3 and 4, with necessary findings, and added condition to address lights, noise and after hours operation of the restaurant and parking: AYES: Barnes Oden and Reller-Spurgin NO: Hodges ABSENT: Kleindienst Remainder of agenda continued to adjourned meeting November 23, 1998. PUBLIC COMMENTS: (3-minute limit per person on matters within the jurisdiction of the Council). COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: - LEGISLATIVE ACTION: Council Minutes I1-18-98, Page 17 5. STADIUM GROUND LEASE - COMMUNICATIONS Recommendation: That the Council authorize a ground lease with Cox PCS Assets, LLC, wholly owned by Cox Communications PCS, L.P., allowing Cox PCS Assets to ' install communications equipment at the stadium, to improve quality of cellular phone transmission in Palm Springs, at an initial rental of$7,800 per year, effective November 1, 1998; an initial term of five years, with two 5-year options. a) Memorandum of Director, Dept. of Transportation b) If desired, MO as recommended. 6. ADDITIONAL LEGISLATIVE ITEMS: (Satisfies agenda posting requirement; materials provided at meeting). CONSENT AGENDA: The consent agenda was taken out of order, and approved at the beginning of the meeting, preceded by public continents on any matters shown on the consent agenda - there were no appearances. 7. Res 19402 approving a summary vacation of an easement dedicated for public utilities (145- purposes over property at the NE corner of Sunrise and Baristo, under provisions of the 001) Streets & Highways Code. 8. MO 6268 authorizing the City Manager to approve change order N2, not to exceed (051- $125,000, to contract with E.L. Yeager Construction for installation of a new underground 103) ' duct bank for a new Airport electric service from the Municipal Cogeneration Plant to the Airport Terminal building, A3971. 9. MO 6269 approving a contract with Desert Janitor Co. of Palm Springs, for a 2-year term (117- on a unit rate basis for roadside maintenance on an estimated monthly charge of$3,702.40; 001) total two year estimate $88,857.60, A4040. 10. MO 6270 awarding purchase of a mini-van/wagon for fleet operations to Simon Motors, (084- Inc., for a total of$21,699.92, including charges and taxes, to replace a unit totaled in an 016) accident. 11. MO 6271 awarding purchase of a new narrow electric scissorlift to Ivy High Lift, for (084- $11,306. for use in maintenance and repair operations at the Airport. 016) 12. Res 19403 and 19404 approving payroll warrants and claims & demands. Note abstentions, if any: (086- 018) Councilmember Warrant N Payee Particular Nature of Conflict Hodges 936917 Bldrs Supply Client of Employer 936988 G&M Client of Employer 937252 E.L. Yeager Client of Employer 937253 E.L. Yeager Client of Employer ' Reller-Spurgin 937145 D. Spurgin Spouse ADDED STARTERS: (Determine eligibility for consideration) None REPORTS & REQUESTS: CITY COUNCIL reports or requests Council Minutes 11-18-98, Page 18 PUBLIC reports or requests STAFF reports or requests ADJOURNMENT , There being no further business at 3:10 a.m. November 19, 1998, the Mayor pro tern declared the meeting adjourned to Monday, November 23, 1998, at 7 p.m., in the Council Chamber. JUDITH S IUM CH City Clerk 1 1