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HomeMy WebLinkAbout9/16/1981 - MINUTES .lam CITY OF PALM SPRINGS CITY COUNCIL MINUTES SEPTEMBER 16, 1981 A Regular Meeting of the City Council was called to order by Mayor Doyle, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, September 16, 1981 , at 7:30 p.m. ROLL CALL: Present: Councilmembers Beirich, Field, Ortner, Rose and Mayor Doyle Absent: None The meeting was opened with the salute to the Flag. COMMUNITY REDEVELOPMENT AGENCY: No business APPROVAL OF MINUTES : It was moved by Rose, seconded by Field, and unanimously carried, that the minutes of August 11 , 1981 be approved. PUBLIC HEARINGS : 1 . SUN SURREY Mayor recommended that the Council take no action with regard to directing future actions concerning the surrey; that he believed the community has expressed its view that it does not want the surrey on any basis; that he believed it was necessary to receive input scheduled to be heard at this time, but felt that, unless determined otherwise by the Council , it could discuss disposition of the system at its October 14 meeting. He noted that the Council has received the results of surveys by the Chamber of Commerce, the Gorney committee, and the City. City Manager noted that the Council has previously taken action to culminate disestablishment of the district and refund of the charges, and that such is not a part of the subject matter. (133) Mayor declared the hearing open. Chris Maxwell , Vice-President of the Palm Springs Merchants and Citizens Association, thanked the Council for its action concerning disestablishment and refunds, and urged that it not take any action for a secondary transportation system, and that the Council not accept any federal grant funds offered in connection therewith. He asked that those in the audience who supported this position stand, alter which, about 60 people stood. There being no further appearances, the hearing was closed. Councilwoman Ortner stated that she felt the community's desire is clear and that it does not want a project similar to the surrey, and that she would not support, action in that regard; and that any consideration in the future to such a system, will necessitate a great deal of information and exploration, in order to prevent a similar division in the community. Mayor directed staff to present options available to the Council at its meeting of October 14, 1981 , regarding disposition of the equipment, grant funds, and reactions from SunLine regarding same, in order that the subject may be disposed of once and for all . Council Minutes 9-16-81 Page 2 2. C.U.P. 5.0106 - WESTERN VENTURES Background: On August 5, 1981 , Council continued hearing, at request of applicant, to consider appeal from Planning Commission imposition of two additional conditions in �� granting an extension of conditional use permit to Western Ventures, Inc. , for a 190-unit 6-story resort hotel on South Indian Avenue, between Tahquitz-McCallum and Arenas Road. Mayor reported request has been received for an additional con- tinuance, and inquired if anyone wished to be heard; there were no appearances; after which, it was moved) by Beirich, seconded by Rose, and unanimously carried, that the hearing be continued to October 14, 1981 . 3. PUBLIC NUISANCE ABATEMENT - PRIOLEAU APPEAL Recommendation: Consideration of appeal from posting of public nuisance evaporative coolers installed without a permit on property at 320 Sunset Way. Director of Community Development reviewed his report, dated September 6, 1981 , outlining chronology of events (5 leading to the appeal , noting that the installation violates the Zoning Ordinance in terms of placement of the coolers; the Uniform Building Cade in terms of lack of a permit; and the Uniform Mechanical Code, in terms of cooler placed within 10 feet of heating appliance vent. Mayor declared the hearing open. Dan Metcalf, stated that as an owner-builder he: secured a permit for making the same type installation on his own home; that he did install the subject coolers without a permit, and was unable to obtain a permit since he does not have a contractor's license; that at the time the stop order was issued, the only thing remaining to be done, was to set the cooler, and connect it to the water and electricity, and since the roof had a hole in It, he proceeded to do that work to avoid exposure to the elements; that installation of the first cooler had already been completed when the inspector issued the stop order; and it was at that point at which he tried to obtain a permit. There being no further appearances, Mayor declared the hearing closed. It was moved by Rose, seconded by Ortner, and unanimously carried, that the appeal be denied, and that the nuisance immediately be abated. 4. VARIANCE CASE 6.316 - DESERT ASSOCIATES/SHERATON PLAZA Background: On September 2, 1981 , Council continued hearing on request by Council to review, Planning Commission approval of variance from open space and parking requirements to allow construction of a banquet, game and storage room to existing hotel complex on Tahquitz-McCallum Way and Calle Encilia. Director of Community Development reviewed his report, (146) dated September 2, 1981 , noting that the proposed improve- ments would require 55 additional parking spaces ; that the hotel already has a 25-space deficiency, and they additional would represent a total 20% parking deficiency; that the hotel is located on two sites, one of which contains tennis courts and a parking lot; that the hotel 's experience has Council Minutes 9-16-81 Page 3 4. VARIANCE CASE 6.316 - SHERATON (Continued) been that there are never more than a dozen cars utilizing the lot, and there is more than adequate parking to accomo- date the desired improvement; and that the Planning Com- mission recommended approval , subject to conditions outlined in his report, in particular, that the use of the rooms would not be open to the public and would be restricted to hotel guests. CONT'D (146) In answer to questions by Council , Director of Community Development stated that the project was originally approved under a conditional use permit, however, it was prior to the current operators being involved, and they are finding that there is a deficiency in the amount of banquet space; that the additional space would have figured into the parking deficiency originally considered by the Commission if it had come forth at that time; that this type of parking situation is more peculiar to the larger hotels, which have more flexibility in terms of parking when looking at variances; that if the additional room space is restricted to hotel guests, there is no additional demand for parking; that staff will be reviewing parking requirements for larger hotels to determine whether too much parking is being required, and if that conclusion is reached, changes will be recommended to'the Planning Commission, which would eventually come to the Council for ordinance amendment; and that regarding the additional parking for the Spa Hotel , there has not been much utilization of it, however, the Spa was constructed prior to the 1965 Zoning Text ayuendments, and parking requirements were more restrictive. Mayor declared the hearing open. James Schlecht, 801 E. Tahquitz-McCallum Way, attorney representing the appellant, stated that he would reiterate arguments made at the Planning Commission in favor of the variance; that experience by the hotel shows that the additional parking is not needed, and displayed photographs showing utilization of the lot and on-street parking on a 4-day weekend at various times during the day, noting that even at 96-97% occupancy, the lot never has more than 3-5 cars parked in it at the most; that if all on-street; parking were removed, it would only represent 65 spaces of the 255 space lot which is not now being used; that assumption was made when the hotel was originally designed that tourism would account for 60% of the hotel business and group business would account for 40%; that hotel experience has been the opposite, which is one factor dictating the need for the improvements; that he felt the improvements would be a benefit to the hotel operation and would not be a detriment to anything surrounding the hotel . He stated it is difficult to find a means of enforcing employee parking in the unused lot. In answer to questions by Council , Mr. Schlecht stated that the hotel operator recognizes the problems with regard to the loading dock doors remaining open, and hotel employees have received explicit instructions and efforts are being made to resolve that concern; that use of the additional room space by hotel guests only will require a measure of good faith, and if it turns out to be a material problem, it would be easy for the City to establish that; and that he was not aware of anything to relate to justifying why an employee cannot park on a public street. ?SG Council Minutes 9-16-81 Page 4 4. VARIANCE CASE 6.316 - SHERATON (Continued) Milton Whitebook, Desert Associates, stated that every attempt is made to have employees park in the lot, including new employee manual which stipulates -that; and that everything will be done to try and enforce_ rules about keeping the loading dock door closed. There being no further appearances, Mayor declared the hearing closed. Motion by Beirich to uphold Planning Commission action, subject to staff recommendations, was seconded by Doyl,e.' Councilman Rose stated that he recognized the special nature of the parking; that he felt the original plan CO for the hotel did not receive close Planning Commission (1 attention in that the loading dock should not have been permitted on Tahquitz-McCallum, and does nothing to enhance the street; that enclosing the open space heightens the appearance of the loading dock; that he did not think the restriction of the room space for hotel guests would always be met, although it was not the prime problem; that asking employees to park in the lot is not truly a mitigation measure; that: he has concerns about allowing less than required parking standards, particularly when it can be seen in the community that standards have been met and parking is still not sufficient, e.g. , the County Administration Building; and that he believed the existing standards should be adhered to. Councilman Field stated that he was in agreement that the parking standards should be reviewed and updated if necessary, and rather than granting a variance at this time, the standards should first be reviewed, updated, and codified as necessary, and then address the hotel 's proposal after• that time. In answer to question by Council , Director of Community Development stated that the addition would eliminate part of the open space, however, there would be room for planting landscaping between the sidewalk and the new addition. Above motion by Beirich, seconded by Doyle, failed to carry by the following vote : AYES: Beirich & Doyle NOES: Field, Ortner 8t Rose ABSENT: None Mayor stated that the variance has not been granted. Director of Community Development stated that staff would proceed to review the parking standards for resort hotels. Council Minutes 9-16-81 Page 5 5. SIGN VARIANCE APPEAL - UNION OIL Recommendation: Consideration of appeal by Union Oil from Planning Commission denial of variance to instal gasoline rate signs at two service stations in the City. (131 ) City Manager reported receipt of request from appellant for a continuance. Mayor inquired if anyone wished to be heard; there were no appearances. It was moved by Field, seconded by Beirich, and unanimously carried, that the hearing be continued to October 14, 1981 . 6. GENERAL PLAN AMENDMENT CASE 5.0139 & Z/C CASE 5.0129 - R.C. ELLIS Background: On August 5, 1981 , Council continued hearing on Planning Commission recommendations concerning above cases; these matters are now moot, since the changes have (101 ) been accomplished as a result of the Indian Land zone & 149 changes and General Plan Amendments. Matter presented for records clarification. No action required. 7. 8TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Director of Community Development highlighted his report, dated September 16, 1981 , noting the calendar of neighborhood meetings and procedures for obtaining public input. He stated similar procedures have been followed for the preceding seven years. (85) Mayor declared the hearing open. Mrs. Roth, fill Highland, requested funding to improve streets in the Veterans Tract. Mrs. Roth's statement was read by Debby Udow, Desert Way, who also supported funding for said purpose. Emile Duvernay, 620 N. Hermosa, on behalf of the Palm Springs Senior Center, requested that funding be provided for additional parking for the Senior Center. In answer to question by Council , Director of Community Service stated that it was his understanding the parking would be accomplished from funding by the County, and that he would follow through on the question. Ruth Licata, 530 N. Calle Marcus, on behalf of Desert Association for Residential Equality (DARE) requested consideration of funding for office space, staff, etc. Jim Stuart, 155 W. Hermosa Place, suggested that $50,000 be allocated for parks improvement, in particular, to repair or replace playground equipment. There were no further appearances. Councilman Field stated that the community suggested not accepting grant funds in regard to the Sun Surrey, but this instance, the community has experienced a feasibility, progress, and utilitarianism and the funds have been a great help to the community. He questioned whether staff had any recommendations at this time. City Manager stated that recommendations are being considered, however, it would be preferable to receive public input before reaching any conclusions or making any choices regarding the funds. Council Minutes 9-16-81 Page 6 PUBLIC COMMENTS : a) Edith Friedman, 406 N. Hermosa, stated that she holds the lease on 20 acres of Indian Land on Amado Road, which was zoned R-.G-A-8; that she understood the (149 Indian request was for R-4, which she could support, however, she preferred R-2 zoning and would 'like that considered; and that she was not in town when the matters were heard before the Planning Commission. b) Rod Hanway, Senior Project Planner, VTN, Tribal Council Planning Consultant, stated that the Tribal Council and its Planning Commission had reviewed (10- proposed General Plan Street Plan amendment regarding Andreas Road, and recommended opposing the amendment, including filing of negative declaration, and urged that specific traffic needs study be completed prior to any action to delete the street from the plan ; that the Tribal Council 's position remains the same; that the City staff alternative recommendation appears to address the Tribal Council 's concerns, and it is supported, i .e. , that the matter be tabled pending a specific development plan for the Desert Inn Fashion Plaza, or until the traffic study is completed. LEGISLATIVE ACTION: 8. GENERAL PLAN STREET PLAN AMENDMENT - ANDREAS ROAD Background: On September 2, 1981 , Council continued action concerning Planning Commission recommendation to amend the General Plan Street Plan to delete portion of Andreas Road, west of Palm Canyon Drive, as a secondary thoroughfare. (101 Mayor abstained from discussion and voting. Director of Community Development stated that addi- tional information requested by Council at its last meeting has been provided in his supplemental report, dated September 16, 1981 , including memorandum from the Traffic Engineer as to why a secondary thoroughfare designation was not proper for the street. He stated that although the General Plan amendment is a prerequisite to a street vacation, consideration of the amendment and a vacation are two separate issues ; that there is no consideration of a street vacation at this time; that the Engineer's report outlines nine areas that would have to be ,considered in reviewing a development plan before giving consideration to vacating the street, including a full traffic study showing how additional demand, created by the project, is to be handled by the surrounding street system, none of which is part of the action before the Council ; that a secondary thoroughfare designation is improper for the street; that there is nothing pressing to change the designation, and the Council may table the recommendation and consider it either as a part of an overall traffic study which will be contracted for in the next month, or as part of an overall plan -for the Desert Inn Fashion Plaza. Councilman Beirich stated that the Traffic Engineer has documented fact that criteria for a secondary thoroughfare has not been met, but questioned whether criteria was clear that determination can be made as to whether a street should be designated a collector street or a local street. Council Minutes 9-16-81 Page 7 8. GENERAL PLAN STREET PLAN AMENDMENT - ANDREAS ROAD (Continued) Director of Community Development stated that the geometry for a collector and local street are very close and there is very little difference in terms of improvements; chat from a flexibility point of view, a need would not be found to designate the street as a collector, based on fact that it already exists ; and, generally, that a collector street designation is maintained on the General Plan where a street is proposed to be continued or developed. In answer to question by Council , Director of Community Development stated that whether street vacation is ever con- sidered the issue of the secondary thoroughfare designa- tion will be brought back to the Council for decision, since it is an improper designation, (101 ) Councilwoman Ortner stated that she believed having a traffic: study or a specific development plan would avoid any future misunderstandings. Councilman Beirich stated that a traffic study makes sense and, if there is no pressing problem to take action, he could support tabling this matter; that the issue of changing the status of streets occurs all the time, but in this case, discussion by the DDAC, which dealt with a redevelopment issue got mixed up with concerns about street vacation; that the total record is clear that street vacation was not under consideration at any point; that that issue was not clearly documented at the last meeting, but he believes it has now been clarified; that the issue of street vacation would be proper in the future if there is presentation of a development plan, and that would come forth within the purview and responsibility of the Redevelopment Agency, and if it appears to make sense from an economic point, it must be considered since that is the purpose of the Redevelopment Agency; and that there is a time and place for discussion of those matters, which he expected would be sometime in the future when development is presented. He stated that there was no attempt for circumvention and the subject was considered in a logical progression, and there is nothing to say that the issue of Andreas Road, if it had been raised, could have been dealt with two years ago or two years in the future; and that the two issues - General Plan amendment and street vacation - are clearly separate issues. It was moved by Ortner, seconded by Field, and unani- mously carried, Doyle abstaining, that this matter be tabled. 2901 Council Minutes 9-16-81 Page 8 9. P.D. 115 - HARMONY HOMES - HOUSING AFFORDABILITY Recommendation : That the Council approve housing affordability guidelines for P.D. 115, to allow development of a 360--unit controlled density residential project on the SW corner of Sunrise Way and San Rafael Drive. (116 Director of Community Development reviewed his report, dated September 16, 1981 . Resolution 13976, approving the guidelines, was presented; after which, it was moved by Beirich, seconded by Rose, and unanimously carried, that Resolution 13976 be adopted. 10. ORDINANCES FOR SECOND READING & ADOPTION (Introduced 9-2-81 ) City Clerk read title of Ordinance 1148, as follows : AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, DISESTABLISHING THE CENTRAL CORRIDOR BUSINESS IMPROVEI`4ENT AREA AND REPEALING CHAPTER 3.98 OF THE PALM SPRINGS (133 MUNICIPAL CODE, WHICH PROVIDED A SPECIAL LEVY OF BENEFIT CHARGE TO BE PAID BY BUSINESSES OPERATING IN SAID AREA. and Ordinance 1149, as follows : AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE REFUND OF CHARGES (133 IN RELATIONSHIP TO THE CENTRAL. CORRIDOR BUSINESS IMPROVEMENT AREA WHICH PROVIDED A SPECIAL LEVY OF BENEFIT CHARGES 'TO BE PAID BY BUSINESSES OPERATING IN SAID AREA. It was moved by Beirich, seconded by Rose, and unanimously carried, that further reading be waived, and that Ordinances 1148 and 1149 be adopted. City Clerk read title of Ordinance 1150, as follows : AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY (149 REZONING CERTAIN PROPERTIES OF INDIAN TRUST LAND IN SECTIONS 2, 12, 14 AND 22, T4S, R4E AND SECTION 20, T4S, R5E ALL. In answer to question by Council , Director of Community Development reported that the changes approved by the Council in Section 14 did not reflect any change to the property described above under Public Comments by Mrs. Friedman. It was moved by Beirich, seconded by Rose, and unanimously carried, Ortner abstaining, that further reading be waived and that Ordinance 1150 be adopted. 11 . SEWER CONNECTION FEE INCREASE Recommendation: That the Council increase the sewer connection fee to $1 ,602 for each residential unit with a corresponding percentage increase for commercial , (114 industrial and hotel units. Finance Director reviewed his report, dated September 16, 1981s noting that the formula is that which has been used previously in establishing the fee. Council Minutes 9-16-81 Page 9 11 . SEWER CONNECTION FEE INCREASE (Continued) Resolution 13977, approving amendment to the Comprehensive Fee Schedule, was presented; after which, it was moved CONT'D by Beirich, seconded by Rose, and unanimously carried, (114) that Resolution 13977 be adopted. CONSENT AGENDA: 12. Minute Order 2988 authorizing payment for lost or destroyed bond and interest coupons to First Interstate Bank of California, trustee of the Marie D. Burrell Funded (56) Revocable Trust, in amount of $5,756.25, re Assessment District 124. 13. Minute Order 2989 appointing George Davie to serve as City's representative to the Inland Library System's (60) Lay Advisory Board. 14. Resolution 13978 approving final development plans for Planned Development District 125, to allow conversion of (116) a private club to a public restaurant and bar facility on Tahquitz-McCallum Way, west of Cahuilla Road. 15. Minute Order 2990 awarding purchase of fire hose to San Diego Fire Equipment Co. , Inc. , in amount of $10,444.18. (84 ) 16. Resolution 13979 approving Tentative Parcel Map 17668 i;o combine property at 2245 Rim Road, Section 25, single- (119) family residence - Mainiero/A. Caldwell . 17. Resolution 13980 approving second 12-month time extension for Tentative Tract Map 14672 for property on the NW corner (137) of North Indian Avenue and Racquet Club Road, 16 units - Webb/ Racquet Club of P.S. 18. Resolution 13981 approving Tentative Tract Map 17279 to divide property on the SE corner of Las Vegas Road and (137) Granada Avenue, industrial use - KWL/W. Gietter. 19. Resolution 13982 designating intersection of Baristo Road and Belardo Road as a four-way stop intersection. (130 ) 20. Minute Order 2991 awarding purchase of chip seal aggregate to Heckett Slag Products, in amount of $13.20 per ton (136) delivered. 21 . Resolution 13983 granting easement to Southern California Edison Co. , for underground electric service to Fire (147) Station No. 5. 22. Resolution 13984 approving purchase of 20 acre parcel in Section 20, in connection with Wastewater Treatment Plant, (127) from Mrs. Jeane Kapp, in amount of $800,000. 23. Minute Order 2992 approving agreement with Sentient Systems, Inc. , for employee training program, in amount of $26,800. (110) 24. Minute Order 2993 approving agreement and addendum thereto with Greenlaw Design Associates/Charles Walton & Associates, a joint venture, for space/facility planning services, in an (117) amount not to exceed $36,425. Council Minutes 9-16-81 Page 10 25. Resolution 13985 concurring in Board of Supervisors action to adopt Med Fly Contingency Plan, in event infestation (12 occurs. 26. Minute Order 2994 approving amendment to agreement with ACTFAP to include landscape, irrigation system, and landscape (lli lighting, design and installation in amount of $JF000 e Fire Sta. #5. 27. Minute Order 2995 authorizing write-off of uncollectible miscellaneous accounts in amount of $4,059.83. ( 86 28. Minute Order 2996 approving agreement with AYSO relative to soccer field and lighting improvements at DeMuth Park, and (10 cancelling agreement #1650. It was moved by Beirich, seconded by Ortner, and unanimously carried, that Resolutions 13978 through 13985 and Minute Orders 2988 through 2996 be adopted; Field abstaining on Resolution 13978 and Rose abstaining on Resolution 13978 and Minute Order 2994. 29. COMMISSION APPOINTMENTS: It was moved by Rose, seconded by Doyle, and unanimously carried, that the following persons be appointed to the Energy Commission for terms ending June 30, 1983: (60) Frank Binford John Koopman Greg Mandinach Douglas Strauss Bernice Epstein Christopher Mills Elizabeth Beadling REPORTS & REQUESTS: 30. CITY COUNCIL reports or requests a) In response to inquiry by Council , Transportation Director provided information relative to airline service, in particular noting service withdrawn by American Airlines and Western Airlines, with dates for reinstatement; expanded service and intended dates of institution by TWA, American and Sun,Aire; reinstitution of service by Alaska Airlines ; and cessation of service and forfeiture of performance bond by Swift Aire. He stated that considering deregulation, expanded and continued service can only be accomplished through persuasion with the airlines, and that the community needs to either use the service or expect to lose it, and efforts should be made via the business and government com- munities to encourage utilization. He also stated that staff will be looking at the impact of reduced service on budget projections, and that if service, as proposed, is reinstituted, the bottom line may be that revenues, may not be as expected, but they should not be as deficient so as to be in the red. City Manager stated that airline service was the subject of a recent meeting with the Chamber of Commerce and representa- tives from the airlines ; that flights cancelled have not been full , and it is hoped that changes in the economy will result in seats being sold; that one potential benefit from the meeting was fact expressed that excursion fares from Ontario for mid and transcontinental flights may be cutback substantially, and it may have the effect of helping Palm Springs, since tourists may determine to fly direct to Palm Springs rather than going to LAX and then using ground transportation to Palm Springs. MJ Council Minutes 9-16-81 Page 11 b) In response to question by Council , Assistant City Manager stated that staff has met with the local manager of Warner CATV and he is aware of the problems recently expressed by Councilmembers in study session; that technical problems experienced (89) primarily in the Andreas Hills area should be resolved within 1-2 weeks ; that the company has worked with the telephone company in effort to provide better response; that it has employed additional people i:o handle telephone calls ; and that the delinquency notation on the billings will be reworded to be less abrasive. Transportation Director stated that problems with the HBO de-scrambler should be resolved within 10 clays. 31 . PUBLIC reports or requests - None 32. STAFF reports or requests - None ADJOURNMENT There being no further business at 9:30 p.m. , Mayor declared the meeting adjourned. JUDITH SUMICH City Clerk