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HomeMy WebLinkAbout1999 - MINUTES - 12/15/1999 01 CITY OF PALM SPRINGS CITY COUNCIL MINUTES DECEMBER 15, 1999 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 Tahquitz Canyon Way,on Wednesday,December, 15 1999, 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 Hodges, Jones, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag,and an invocation by Reverend LaVeta Dillman, Chapel of the Way. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on December 10, 1999. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities)-See items on Page 6 of agenda this date. PRESENTATIONS: Riverside County Integrated Project Palm Springs 2000 New Year's Eve Millennium Celebration Report HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: -No Business 1. PLAZA MERCADO/PARKING FUND Recommendation: That the Council approve the appropriation of$391,349.00, from the City's Parking Fund, to reimburse Wessman Development for the construction of the parking lot behind Plaza Mercado and streetscape/parking lot upgrades on Belardo Road, (124- per the Second Amendment to the Disposition and Development Agreement (A309C), 093) approved on November 5, 1997; and amend the budget therefor. (061- Director of Office of Management&Budget reviewed the staff report. 027) Councilmember Hodges questioned if the amount of liquidated damages is reflected in the Minute Order proposed for approval. City Manager stated that staff will proceed at Council direction; and that the Minute Order could be reduced by the amount of liquidated damages in question. Councilmember Hodges stated the staff report indicates that the liquidated damages will be withheld from the first payment, but that the Minute Order proposed does not provide any language indicating that intention. Director of Office of Management&Budget stated that the figures are still in dispute;that the Minute Order is for the final payment;but that until the liquidated damages are settled, staff could withhold those funds. Mayor stated the Council understands the necessity to move the matter along, but that agreement has not been reached by the parties to determine how much the liquidated damages are, and it is not clear how much needs to be withheld for the liquidated damages. ' Minute Order 6543 as revised to delete the sum of liquidated damages from total was presented; after which, it was moved by Reller-Spurgin, seconded by Oden and carried by the following vote that MO6543 be adopted. AYES: Hodges,Jones,Oden and Reller-Spurgin NO: Kleindienst Council Minutes 12-15-99,Page 2 Resolution 19700 amending the budget, as revised to delete the sum of liquidated damages was presented; after which, it was moved by Reller-Spurrgin, seconded by Oden and carried by the following vote that R19700 be adopted. AYES: Jones,Hodges,Oden and Reller-Spurgin ' NO: Kleindienst. PUBLIC HEARINGS: 2. TTM28907/CASE 5.0789/PD82-GEOPETRO/PRIETO Appeal to the City Council by Geopetro,LLC, of a decision by the;Planning and Building Department to deny the issuance of a building permit for a 3100 square foot mini-market with gasoline pumping facilities on 1.22 acres of land located on the north side of Ramon Road,west of Avenida Evelita,M-1 Zone, Section 18. (144- 002) Director of Planning & Building reviewed the staff report and addled that the project was approved by the City Council in December, 1998; that the project conditions were not appealed during the time allowed for such appeals; that the unsettled issue regards the TUMF; that the Department of Building cannot issue the necessary permits until all conditions are met; that the project is not ready for issuance of building permit; at this time; that there is a question of the timeliness of this appeal; that the fees the applicant are appealing are not within the City's jurisdiction; that the time to appeal payment of those fees has passed; that the Planning Commission has not yet approved the final planned development district; that the final land use for the project is not in place; that if the City issues the permit without the TUMF being paid, historically the City has had to pay the fee; that the regulation states that all land to be developed in the region is subject to TUMF; that the moneys used in TUMF funds benefit the entire valley; that the TUMF is for transportation issues; that staff recommends the appeal not be granted, and that the appellant request an appeal through CVAG who does have authority over the TUIv➢F. Mayor Kleindienst questioned the location of the project. Director of Planning & Building stated that the project is located on the north side of Ramon Road, east of El Cielo, between Golds Gym and Pueblo Sands Condominiums, and that the project is under construction. Councilmember Jones questioned if other Tribal Members have paid this type of fee. Director of Planning & Building stated that this is the first involvement for this type of development where the Indian land owner is also the developer. Councilmember Reller-Spurgin questioned the figure for the infrastructure that must be provided by the developer. Director of Planning & Building stated that in construction the developer pays for the improvements to the infrastructure; that there is a cost to the City when a property is developed, such as traffic signals, sidewalks and the like. Councilmember Oden questioned if the permit could be withheld, when the fees in question are for CVAG. Director of Planning & Building stated that the allowance of TUMF was a pail of the ' conditions of approval for the project;that if the payment is not collected not only will the City be billed for the fee,but a double loss occurs. Councilmember Reller-Spurgin clarified that TUMF is not a tax, but a benefit to overall transportation issues; that if the payment is not made, there will be; an impact on sales tax, project mitigation and the total benefit for the Community at large. Mayor declared the hearing open. Council Minutes 12-15-99,Page 3 Jeffrey Flushman, representing the developer, stated that the appeal is actually based on the issuance of Building Permits; that the fee in question is not legal; that the fees in question are not allowed to be charged when the property owner and developer is Indian; that there is an agreement between the City of Palm Springs and Indians; that there is no legal basis; that the basis rests solely on detriment to the City; that there is no issue of ' timing of the appeal; that the denial of a permit generated the request for appeal; that if the Council denies the request a step can be taken to appeal the matter to CVAG; that if in fact the Indian owner should not pay this fee, then it is illegal for the City to collect the fee; that the action cannot be taken as a last step;that staff has only addressed the TUMF, and that all the issues regarding the property should be addressed. There being no further appearances,the hearing was closed. Councilmember Oden questioned whether any investigation has been done regarding the cases cited in the appeal. City Attorney stated that the issue of legality of the TUMF is not clear; that it is clear that Indians engaged in an Indian Activity cannot be taxed; but that this is a commercial activity; that the activity is not being undertaken by the Tribe itself; that fees are collected on allotted land; that the TUMF is not a tax, it is a charge for a service received; that when the fees were set by CVAG,the City did not challenge the fees, nor are we aware of any challenges that have been made; that if a site has higher trips, then a higher fee is established; that in the past when the City did not collect the fee, CVAG charged the City for the balance; that the recommendation is for the Indian owner to argue with CVAG; that we are merely passing through the charge; that if the City approves the permits without collection, it is the City that will suffer; that staff and the developer's attorney conclude that the project is not ready for the permits to move ahead; that when the project was approved the payment of TUMF was a condition of approval; that the condition was not appealed; that procedural points are necessary to the process; and that the Tribe looks carefully at the legal process. ' Councilmember Oden stated that the TUMF is a benefit to the regional program for transportation; but that a first concern is Federal Law; that the law says no tax on Indian land; that while the TUMF is a fee, clarification is needed for the future and would therefore recommend that the appellant pursue relief from the TUMF requirement through the CVAG administrative process, and that the appellant will be relieved of the condition, if CVAG so relieves; and further direct the City Manager to propose a measure to CVAG on behalf of the City providing that any City be relieved of its TUMF obligation with respect to any project where a sovereign governing entity such as an Indian Tribe determines that the development project on reservation land is exempt from the payment of TUMF. Councilmember Reller-Spurgin questioned whether the agreement between the Tribe and the City allows for the collection of fees. City Attorney stated that the agreement provides that fees in general will be paid; that TUMF did not exist at the time of agreement; that the agreement addresses general fees that come about due to the development of business. Director of Planning & Building stated that there are a number of fees imposed and have been adjusted to the 1977 agreement; historically new fees have not been taken back and amended into the agreement; and that the TUMF discussion was a valley-wide issue. Councilmember Reller-Spurgin stated that this is a unique project, in that an Indian land owner is developing his own land; and questioned what would happen if the Indian owner sold the property to a non-Indian. Councilmember Hodges stated that this is a CVAG issue; that the City is merely a party collecting a pass-through fee;that all the Valley cities have endorsed the TUMF Program; and it is the program that is in question; that the matter should be addressed at the Executive Committee of CVAG,otherwise every citizen in Palm Springs will have to pay. Mayor stated that the discussion thus far has not been on the validity of TUMF; that the City was a part of putting together the program; that the program is ahead of the rest of the County; that the City is not empowered to waive the fee; that if the fee is not }c Council Minutes 12-15-99, Page 4 collected, not only will the City have to pay the fee, but the Measure A allocation will be impacted, giving the residents of this City a double impact, and suggested language be added to Section 3 of the resolution to bring the issue to the Tribe's awareness. Resolution 19701 as revised, subject to City Attorney final language, and revision to Section 3 was presented; after which, it was moved by Hodges, seconded by Oden, and ' unanimously carried,that R19701 be adopted. 3. CUP 5.0813 -WINDSURFING,LLC-MILES BARRETT Recommendation: That the Council approve a conditional use permit for a proposed wind surfing facility, subject to conditions, and recommend approval of a mitigated negative declaration of said project. (078- Director of Planning & Building reviewed the staff report and visual site plans, and in answer to question by Council stated that the Planning Commission did not include removal of all improvements as a conditon of approval if the project did not move forward; that the land is leased from Coachella Valley Water District and the condition is a part of the lease. Mayor declared the hearing open. Dr. Ediss, 1276 NPC, stated that this park has been desired for 15 years; that hopefully the Council will approve the project;that windsurfing is a popular recreation; and that there is a lot of local interest in getting the facility open. Miles Barrett, 383 SPC, developer, stated that the project is exciting; that if there are any questions,he is available to answer, and submitted an article featuring the project. Fred Pearl, Cathedral City, stated that the facility will be an asset to the City; that windsurfing is an upcoming sport and the project will add a good recreation activity to the ' City. Brian Caldwell, windsurfing director, stated that the project is in a. good location, a good activity and will assist in bringing economic stimulation to the City. There being no further business,the hearing was closed. Councilmember Hodges questioned if swimming would occur or just windsurfing. Planning Director stated windsurfing. Councilmember Reller-Spurgin questioned how emergencies would be handled; that there is a ten to fifteen minute drive to the location by ambulance; and that one idea may be to have a paramedic on standby with some type of transport vehicle. Miles Barrett, stated that the concerns are being addressed; that windsurfing has a good track record; that there are few life threatening incidents; that the :intent is to hire off--duty EMTS and have jet skis to get to people quickly; and that the situation will be monitored closely. Fire Chief stated that this is an issue; that AMR must respond within 10 minutes or less; but that this is not a main artery, and that it may be difficult to get ambulances to the incident in a timely manner,resulting in fines for exceeding response time. Mayor questioned who imposes the fees. Fire Chief stated that Riverside County imposes the fee, but the fee belongs to Palm Springs. Councilmember Hodges stated that years ago this was a functional activity, it was exciting then and will be a terrific project now. Councilmember Oden stated that the project will be a good addition to the recreational activities available in Palm Springs. Council Minutes 12-15-99,Page 5 Mayor Mcindienst stated that this is a great project and Mr. Barrett should be commended for his dedication to move the project forward; that the winds are unobstructed and pure; and suggested bleachers be added to the project site for observers. ' Resolution 19702 as recommended was presented; after which, it was moved by Hodges, seconded by Reller-Spurgin and unanimously carried that R19702 be adopted. 4. TMP28631-TERRY DURST Recommendation: That the Council approve Tentative Parcel Map 28631 to create a one lot parcel and remainder parcel for the property located at 1500 South Gene Autry Trail, subject to conditions,Zone M-1, Section 20. (119- Director of Planning&Building reviewed the staff report. 001) Mayor requested the location be shown visually on the City map; after which, Planning Director indicated the project boundaries. Mayor declared the hearing open. Terry Durst, 1500 Gene Autry Trail, stated that the approval will help operations at the hotel; that the rezoning will allow timeshares or some type of high density on the parcels; and requested approval. There being no further appearances the hearing was closed. Councilmember Hodges stated that if the rezoning would in fact assist in better marketing, the Council should approve the recommendation. Mayor questioned if this would create a new lot and whether the westerly lot line would be adjusted. Director of Planning&Building confirmed both issues. Councilmember Jones stated that the recommendation is to create a tentative parcel map; but that an alternative may be to amend the General Plan to change the use to commercial or recreation in order to prevent the parcel from being redeveloped as manufacturing or industrial. Director of Planning & Building stated that within the Planned Development District the use is indicated as Commercial or Recreational; that if the property was redeveloped into industrial the property value would go down. Mayor Kleindienst stated that the Council may wish to create a specific plan for the area. Resolution 19703 as recommended was presented; after which, it was moved by Hodges, seconded by Oden and unanimously carried that R19703 be adopted. PUBLIC COMMENTS: a) The following spoke in favor of item 7: (060- Jim Buresch,22427 Sierra Drive 027) Joane Garcia Colson, 1387 Verbena Fred Bilodean, 35850 Date Palm,Cathedral City Elizabeth Baker, 1321 E. Abode Way Gloria Hill, 224 N. Sybil Road Goldman Jacobs, 2121 Del Lago Joey Acura,Coachella Bob Mellon, 1179 San Lorenzo Council Minutes 12-15-99, Page 6 b) Comment regarding item 8: Tim Esser, 71672 San Gorgonio,requested support of the matter and added that (060- the event does help support over 20 different non-profit agencies. 007) , c) Comment regarding item 10: (128- Joseph Swang stated availability to answer any questions for Council if needed. 001) COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: a) Mayor and Councilmembers reported on various civic and community organizational meetings and events which they attended, subsequent to the last regular meeting,and announced upcoming events of comulunity interest. LEGISLATIVE ACTION: 5. CDBG ADVISORY COMMITTEE Recommendation: That the Council provide direction to staff on the composition of an advisory committee to assist in the preparation of the 2000-2005 Consolidated Plan. CDBG and Housing Coordinator reviewed the staff report. Councilmember Reller-Spurgin questioned why Mizell Senior Center was not recommended for a representative. Councilmember Odell stated that a representative from Office on Aging would have greater statistics available and a broader scope of regional problems. ' Councilmember Hodges concurred with recommendations in the staff report. Councilmember Jones stated that the market analysis for housing was flawed; that discussion between the City Manager, Economic Development and himself had resulted in the understanding the consultant will come back for further discussion and explantion of the numbers furnished in the report; and suggested that the document not be given to the committee until further discussion is held by the City Council in a study session. Mayor Kleindienst questioned if the results of the report had been approved by the Council. City Manager stated that the report was reviewed in study session; that there were a number of questions that have resulted necessitating another meeting that will need to be held; and that this matter is to discuss the composition of an advisory committee. Consensus of the Council approved recommendation in staff report for representation of three City Commissions and two outside agencies, for a total of seven members. 6. ORDINANCE FOR SECOND READING&ADOPTION(Intro 12-1-99) City Clerk read Title of Ordinance as follows: (124- 038) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, ' CALIFORNIA,AMENDING CERTAIN REDEVELOPMENT PROJECT AREA PLANS PURSUANT TO THE PROVISIONS OF ASSEMBLY BILL 13,12 AND EXTENDING THE TIME LIMITATIONS IN WHICH SAID PROJECT AREAS MAY INCUR INDEBTEDNESS OR RECEIVE PROPERTY TAXES after which; it was moved by Reller-Spurgin, seconded by Odell and carried. by the following vote that 01576 be adopted. AYES: Oden,Reller-Spurgin and Kleindienst NO: Jones and Hodges. Council Minutes 12-15-99, Page 7 7. MUNICIPAL CODE AMENDMENT-HUMAN RIGHTS ORDINANCE Recommendation: That the Council introduce the Domestic Partnership Ordinance amending the Human Rights Ordinance or defer the matter for further Community,input. City Attorney reviewed the staff report and added at the last discussion it was not clear if (103- the Council was comfortable with the proposed language; that if the Council desires, the 048) matter can be deferred for further Community input; that there were some issues brought up in public comments regarding the City providing its employees with domestic partnership insurance coverage; that the matter is a meet and confer, and cannot be added by the Council without bargaining with the employee units; that the Ordinance proposed does allow for visitation rights at health care jail facilities in the City and the right to file City applications and permits on behalf of the partner; and that the Ordinance does in fact allow for a fee to be levied to cover costs of implementation. Councilmember Oden stated that two years ago this process was started; that discussions have been held community-wide by the Human Rights Commission; that Ordinances were obtained from other Cities, that the report for the Unity Project had been requested in conjunction with the matter; that this is the opportunity to promote all people within the Community and to celebrate diversity; that this is a statement that all are welcome in this Community; that the City should take the stand and offer its employees domestic partnership health benefits; that the City should have done a survey on the matter with its employees; that it is not a meet and confer item, but a benefit offered to the employees; that this is a human issue for the City,not one solely for one segment; and that the action is long overdue. Councilmember Hodges concurred with Councilmember Oden and added that the City is making a statement; that the matter is a human issue; that it protects all in the Community and that the Council should make a statement that it does in fact want to offer the ' employees the benefit of domestic partnership health benefits in the Ordinance. Councilmember Reller-Spurgin stated this is not a "gay issue"; that there are lots of mobile home parks where men and women do not marry because of the loss of Social Security benefits. Councilmember Jones stated that the Ordinance should move forward. Mayor Kleindienst stated that there was a meeting held where it was indicated that he, personally, was undermining the process; that in fact, all that was requested was the draft document to see what was being proposed before a stand was taken; that it is difficult to determine what is best for the Community when a document is presented the night of a meeting; that this proposal does not address all the concerns of the Community; that the proposal is merely a first step in a process; that the proposal does not seem to offer any more than is presently available in the Community; that the proposal does not seem to hit the target; that it will be difficult to ascertain proof of domestic partnership, and questioned how that proof will be demonstrated. City Attorney stated the City Clerk will maintain a registry. Mayor Mcindienst questioned if the registry is public information. Councilmember Oden stated that with the State passage of the domestic partnership registry it is a fact that cannot be hidden; that Palm Springs lost its chance to be on the cutting edge with its Ordinance; that the State passage will become effective before the Ordinance is passed in Palm Springs; and that the City did lose its opportunity to be among the leaders with the passage of the Ordinance. Council Minutes 12-15-99,Page 8 City Clerk read Title of Ordinance as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY' OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 2.45 OF THE PALM SPRINGS MUNICIPAL ' CODE TO ESTABLISH A POLICY EXTENDING TO UNMARRIED DOMESTIC PARTNERS CERTAIN RIGHTS AFFORDED MARRIED COUPLES after which; it was moved by Oden, seconded by Reller-Spinrgin, and unanimously carried,that further reading be waived and the Ordinance be introduced for first reading. 8. TOUR DE PALM SPRINGS Recommendation: That the Council approve the expenditure of Up to, but not to exceed, $5,000 to fund the cost of City-supported services for the 20011 Tour de Palm Springs bicycle event and waive $751.25 in rental fees for the use of the; Palm Springs Pavilion (050.. and Sunrise Plaza for its spaghetti dinner and auction. (Note: OMB staff recommends -007,) Resolution B). Director,Department of Facilities reviewed the staff reports for items 8 &9. Councilmember Jones questioned if this was a normal process. Director, Department of Facilities stated that if a request for waiver of fees is made the matter is presented to the Council. Councilmember Hodges stated that when the Bike Weekend matter came to the Council is was difficult to get through; that the entire policy needs to be reexamined regarding the waiver of fees; that while she is not opposed to the proposed events, there is a matter of equity. ' City Manager stated that the Council does not have a policy regarding the waiver of fees; that in fact it may be desirable to create one partly based on value to the Community. Councilmember Hodges requested that the matter be reviewed to create a policy regarding special events and the waiving of fees and ordinances regarding same. Minute Order 6544 and Resolution (B) 19704 amending the budget therefor were presented; after which, it was moved by Oden, seconded by ]ones, and unanimously carried that MO6544 and R19704 be adopted. 9. BLACK HISTORY PARADE AND TOWN FAIRE Recommendation: That the Council authorize expenditure of$6,726 to fund the cost of City-support services for the 2000 Black History Parade and Town Faire. (Note: OMB staff recommends Resolution B). (050-• 007:1 This item was taken concurrently with item 8. Minute Order 6545 and Resolution (B) 19705 amending the; budget therefor were presented; after which, it was moved by Oden, seconded by Jones, and unanimously carried,tha MO6545 and R19705 be adopted. 10. ADDITIONAL LEGISLATIVE ITEMS: (Satisfies agenda posting requirement;materials ' provided at meeting). GOLDEN SANDS MOBILE HOME PARK Recommendation: That the Council consider a request by the; owners of the Golden (I28_ Sands Mobile Home Park for a time extension of the deadline previously established for 001) connection of the mobile home park to the public sewer system. Council Minutes 12-15-99, Page 9 Director of Planning & Building reviewed the staff report, and in answer to questions by Council stated that the matter is being requested by the present'park owner as well as the prospective buyer. Resolution 19706 as recommended was presented; after which,it was moved by Reller- ' Spurgin, seconded by Hodges,and unanimously approved that R19706 be adopted. CONSENT AGENDA: Review by City Manager of Consent Items to be clarified. 11. Res 19707 approving a Reimbursement Resolution recognizing the intent to reimburse the (084- City for certain Capital expenditures for payments already made related to City Council 017) authorized expenditures through the CaLease Program. 12. Res 19708 approving a budget amendment for airport law enforcement services rendered (061- at the Palm Springs International Airport for fiscal year 1998-99 for$167,435.68. 027) 13. MO -----approving agreement with Roger Owens for 10 month Virtual University (099- Professional Services at a rate of$32 per hour,plus expenses,not to exceed$60,000 001) (including expenses)for a term of 12-15-99 to 09-30-2000. A------ WITHDRAWN 14. MO 6546 approving a contract with Curbside,Inc.,of Orange, CA, for implementation of (148- three door-to-door household hazardous waste collection programs. A4182. 002) 15. See item 15 below. 16. See item 16 below. 17. Res 19709 approving Parcel Map 28907 (Goldenstate Enterprises,LLC.),for property (119- located at 3500 Ramon Road. Section 18,T4S,R5E. 001) 18. Res 19710 approving Final Map 29135 (Araby Estates,LLC.), for property located at (137- 2751 and 2789 Morongo Trail and 1901 Araby Drive. Section 25, T4S,R4E. A4184. 112) 19. MO 6547 approving contract with T&M Construction for residential sound insulation (051- program, Airport Phase II for 37 homes,for$717,428. A4183. Kleindienst Abstain,prior 100) FPPC rule. 20. MO 6548 approving purchase order to Prices Nursery&Garden Supply to move 32 Palm (136- Trees from various locations to the Airport for$33,000. 032) 21. MO 6549 approving contract with Nancy A. Doria for airline marketing services for (051- $21,000. A4185. 074) 22. Res 19711, 19712 and 19713 approving Payroll Warrants and Claims&Demands. (086- Note abstentions,if any: 018) Councilmember Warrant# Payee Particular Nature of Conflict Reller-Spurgin 948616 Dennis Spurgin Spouse Hodges 948418 DWA Client of employer Hodges 948449 Chris Foster Client of employer Hodges 948452 G&M Client of employer Hodges 948461 Granite Client of employer Hodges 948572 Preferred Plumbing Client of employer 23. Res 19714 approving retroactive time extension for Case 5.995,PD79, for a 12 lot single (116- family residential project(Jerry Epstein) located east of Bogert Trail and north of Andreas 07 5) Hills Dr. U-R zone, Section 36. Minute Orders 6546 through 6549 and Resolutions 19707 through 19714 were presented; after which, it was moved by Oden, seconded by Hodges,and unanimously approved that M06546-6549 and R19707-19714 were adopted. Council Minutes 12-15-99, Page 10 EXTENDED CONSENT AGENDA: 15. D.T.PALM SPRINGS Classic Recommendation: That the Council approve second time extension from September 6, ' 1999 to October 19, 2000, for Tentative Tract Map 28033 (PS Classic), subject to conditions, creating twenty-three lots located at the southeast comer of Gene Autry Trail (137- and Vista Chino, WMIP and 05 Zones, Section 7 & 18. 102) Director of Planning&Buildings reviewed the staff report. Councilmember Oden questioned the gain to the City by the extension. Director of Planning & Building stated that the extension allows for a fully developed project with no EIR challenge. Councilmember Hodges stated that this matter was on the drawing board in 1990; and that it is questionable why an extension should be given. Councilmember Jones stated that there is no point in denying the extension; that there has not been an alternative'us6 presented for the area; and that there is no harm done by the extension. Councilmember Reller-Spurgin stated that the investors do own the property. Mayor Kleindienst stated that the process has been long and costly to the developers; and that it would be good to see the developers to discuss the action plan, or to create a development agreement. Director of Planning & Building stated that the extension allows all the approvals the ' Council has given to the project to stay in effect; that if the extension is not granted, the developer would have to start from ground zero; and that the project has taken months of staff time. Mayor Kleindienst stated that right now the best economic climate is occurring; that if the extension is not granted, there will be some type of habitat that will come up that will be disturbed in any future development; that the Council wants to ]snow the development plans; that the extension has been discussed every year or so and :Frustration is being felt by members of the Council. City Manager stated that a lot of extension requests are being processed at this time; and that the developers are trying to keep the projects alive. Councilmember Oden requested a meeting be scheduled between the developers and the Council in the future to discuss the project and to see if the City can assist in some manner. Councilmember Jones stated that the developers probably lack funding. Mayor Kleindienst stated that if the developers have no ability to finance in this climate of prosperity, maybe this is not a good project for the City to have and concurred with need to meet with the developers. Resolution 19715 was presented; after which, it was moved by Reller-Spurgin, seconded ' by Jones and carried by the following vote,that R19715 be adopted. AYES: Jones, Oden, Reller-Spurgin and Kleindienst NO: Hodges 16. D.T. PALM SPRINGS INTER-CONTINENTAL GOLF CENTER. (116- This matter was taken concurrently with item 15,that the Council approve fourth time 101) extension from October 19, 1999 to October 19,2000, for Planned Development District Council Minutes 12-15-99,Page 11 231 (DT PS Inter-Continental Golf Center Enterprises LTD), located at the southeast comer of Vista Chino and Gene Autry Trail,WO5 and M I P Zones, Section 7, 15 & 18. Resolution 19716 as recommended was presented; after which it was moved by Reller- Spurgin, seconded by Jones, and carried by the following vote that R19716 be adopted. ' AYES: Jones, Oden,Reller-Spurgin and Kleindienst NO: Hodges ADDED STARTERS: None REPORTS &REQUESTS: 24. DEPARTMENTAL reports or requests (121- a) Treasurer's Investment Report as of October 31, 1999, received and ordered 002) filed. CITY COUNCIL reports or requests a) Mosquito Abatement&Vector District appointment-term 12-31-200 1-Leslie Pricer (060- 013) b) Confirmation of Council appointees/liaisons to various entities. 1) Councilmember Oden requested response to 300 block inquiry re: Palm Canyon Bike Weekend 2) Councilmember Jones and Mayor Kleindienst will serve as sub-committee on Affordable Housing 3) Councilmember Oden requested showing the film"Journey To A Hate Free Millennium" on Channel 17 4) Councilmember Hodges requested update on Plaza Mercado parking lot 5) Councilmembers Hodges,Reller-Spurgin will serve as sub-committee on noise issues downtown area 6) Councilmembers Oden,Reller-Spurgin will serve as sub-committee on DT Classic time extension. PUBLIC reports or requests Marvin Roos, 1135 Alameda, requested Council consider moving Consent Agenda to earlier on the meeting agenda. Kenneth Feenstra, 385 Valmonte Norte, expressed appreciation for the time extensions granted on items 15 and 16; and added that the project did start a long time ago; that the (137- area would not support being a redevelopment project area; that the developers have in 102) fact bought the land,paid for the FIR,the design of infrastructure, and the project; that the design includes 900 units to produce TOT; that the breakdown is 500 timeshare and 400 hotel rooms; that the Council concerns are understandable and recommended that a sub- committee be formed to work with the developers. STAFF reports or requests City Manager stated that meeting does need to be set to meet with the prospective Executive Search Firms for the hiring of a City Manager. ' Council consensus was to meet Tuesday,January 4,2000 at 4 p.m. in the Large Conference Room. ADJOURNMENT: There being no further busines or declared the meeting� adjourned., 1 "�PATRICIA A. SANDERS City Clerk