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HomeMy WebLinkAbout11/4/1981 - MINUTES CITY OF PALM SPRINGS CITY COUNCIL MINUTES NOVEMBER 4, 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, November 4, 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 : Mayor declared the meeting adjourned for the purpose of convening as the Community Redevelopment Agency; after which, members reconvened as the City Council . APPROVAL OF MINUTES : It was moved by Beirich, seconded by Rose, and unanimously carried, that the minutes of October 7, 14 and 21 , 1981 be approved. PUBLIC HEARINGS: 1 . GENERAL PLAN AMENDMENT - TAHQUITZ CREEK SCENIC RECREATION AREA SPECIFIC PLAN (Hearing continued from 10-14-81 ) Director of Community Development reviewed recommenda- tions of the Planning Commission and Community Services Commission, noting the major difference between the two, and change in staff recommendation, reviewed at the last study session, that the plan be adopted as a guideline for development in the area to be reviewed and implemented each time a project is considered and as resources become available, rather than as a specific plan which would require zone changes to implement the recommendations. He stated that POST will be looking (101 ) to raise funds for open space; and that changes of zone would conflict with recent Tribal Council zoning requests and changes approved. City Manager stated that if the plan is adopted as a guide- line, it would be staff's understanding that the Council Would want further staff analysis of the ways to-'imple- ment the plan in part and/or in total , including funding, potential zoning if that is a possibility, and dealing with a flood management ordinance, all of which will require a considerable amount of staff work before bringing these matters back to the Council ; that there has been concern about the ability of the City to secure the area, i .e. , between Sunrise and E1 Cielo, in a natural state; that on-going maintenance cost for that area could range from $3-12,000 per year, depending on the level of maintenance, and $5-10,000 for initial cleanup, but does not address the issue of personnel on-site for security; that it does not appear that the Eisner-Smith plan is in a form that would be totally cons istert with the State Law requirements for a general plan element; that he did not believe the City should be placed in a position of legally having to conform to a possible specific plan, without first looking at all of the implementation issues, including funding, various zoning devices, etc. , that might be employed; and that he felt the concerns which have been raised are valid and the plan should be adopted as a guideline rather than a specific plan at this time. Council Minutes 11-4-81 Page 2 1 . TAHQUITZ CREEK GPA (Continued) In answer to question by Council , City Manager stated that the technical materials, maps and context of the report would remain the same, but rather than a specific plan, it is suggested that it be adopted as a guideline and nothing is altered in the text, except as recommended by the Planning Commission. In answer to question by Council , City Attorney stated that he did not agree with contention by Mr. Perrier regarding the Ravese property that the plan would reduce the value of the property; that if the development desired by the City has a depressing affect on the property, it would be by reason of zoning on the property, and there would be no damage to the property as a result of the action to adopt the plan as a guideline; and that the conclusion that adoption of the plan as a guideline would not have the same affect as a general plan amendment is correct, which was the intent in making the recommendation. Mayor re-opened the hearing. Allen Perrier, attorney representing Ravese property, CONT'O stated that one-half of the property is outside of the (101 ) area designated as open space, and expounded on reasons contained in letters and materials previously submitted (copies of which are on file in the Office of the City Clerk) as to why the property should be removed from the Tahquitz Creek Plan and stated that there are not sufficient reasons why it should be included; that he questioned the practical effect of having the plan as a guideline; and that it raised questions as to what consideration would be given to a project which is within the plan area, but which could provide the 100-year flood protection, stating opinion that if such were not approved, that action would be outside of the purview of a plan adopted only as a guideline. In answer to question by Council whether Ervin 1:ngineering's statement was predicated on fact that it would not stand up without the Tahquitz Wash project improvements , Mr. Perrier stated that the engineer's statement was limited to the improvements that will be made, but the study reflected the character of the property to be that it would provide protection for the same flood line. He also stated that he was aware that, under the guideline concept, that there would not be any effort to change the zone, but suggested that a prospective buyer would be lead to question if there was a problem with the property and if it was the City' s intent that it be open space. Richard Smith, consultant for the plan, stated that he did not entirely agree with staff's viewpoint, but did not object to designation of guideline vs. specific plan; that the major import is that there is enough documentation that it can be a "constitution" or "bible" for staff to implement the project; that there is much emphasis to implement the plan, e.g. , donation of funds, density transfer, easements for access, and acquisition of part of the property; that the consultants were sensitive to the problem between the City Council and Tribal Council regarding zoning on the cone; that the Tribal Council would set aside those issues already resolved, and if the R-3 property is to be purchased, it would be at the land value; that he would prefer the plan to be adopted in a more legal format, because of future unknowns, but felt that it would only be successful if everyone worked together; Council Minutes 11-4-81 Page 3 1 . TAHQUITZ CREEK GPA (Continuued) that he felt it was well -known that the City did not have the funds to acquire the land and all techniques will have to be considered; and that he still believed in the integrity of plan even if it is called a guide. In answer to question by Council , Mr. Smith stated that the plan probably could be accomplished faster without the struggle of zoning. Rod Hanway, VTN, planning consultants for the Tribal Council , stated that he did not see "bible" and guideline as synonymous ; that he understood the staff's change in recommending the plan as a guideline was a way of responding to the issues raised by the Tribal Council ; that if it is not a guideline, then there should be a response to those concerns; that he sees the guideline as a means of reducing impacts on Indian land and no longer a binding authority to require re- zoning, or to require specific implementation measures ; that the Tribal Council 's original concern on those issues was that the City Council recently made policy issues regarding zoning and the City does not have specific implementation measures in mind, i .e. , funding measures; and that until those are resolved, he did not think the Council could adopt it as a specific plan. Ray Patencio, Tribal Council Chairman, representing himself and other Tribal Councilmembers in attendance, stated that it would not be fair for the Tribal Council to take a position, since not all Tribal Councilmembers have received the information, and those who have, only did so within a few hours of this meeting; that he believed the change in recommendation was an improvement but the Tribal Council needed to explore it in more detail ; and that he would like the Council to continue CONT 'D action to the next meeting. He stated that the Tribal (101 ) Council will hold a meeting during that period, and expected that a response could be given prior to the City Council 's next meeting, also, that he believed the guideline approach was something that could be agreed upon. Dr. Arthur Greenwald, 2996 Vera Cruz Road, representing himself and the Tahquitz Group of the Sierra Club, stated opposition to the plan as recommended by the Planning Commission; that he was opposed to allowing a golf course., on the basis of the amount of water used by golf courses ; that the flood plain is an important part of the open space idea espoused for the City, and too much open space has already been given away; and that he felt the City could pickup the cost of maintenance in order to preserve the attractive features of the desert. Joan Taylor, 1800 S. Sunrise Way, agreed with comments by Dr. Greenwald, and stated that whatever is done should be meaningful and enforceable ; that she was opposed to the golf course; and that the plan will benefit future generations. �(,rJ Council Minutes 11-4-81 Page 4 1 . TAHQUITZ CREEK GPA (Continued) Dr. Bernard Poliak, 227 Via Las Palmas, representing POST, stated that maintaining open space enhances the quality of life in Palm Springs and attracts visiitors, and cannot be recaptured, and urged adoption of the plan as recommended by the Community Services Commission. Bill Foster, POST, stated that POST was created for the purpose of preserving open space, and felt that the Council subscribed to that, but held back because of lack of funding; that the plan includes alternative ways of preservation, without multi-dollar allocations, and the question is whether the Council values the area as a natural desert preserve; that adopting the plan, and then allowing a golf course, will hinder acquiring dedications and contributions for open space; that alternatives developed by the Parks & Golf Superin- tendent for cleanup and annual maintenance, range from $5400/2160 to $9700/12,500 (minimum cleanup/maintenance to ultimate implementation of the plan for cleanup/maintenance) an he has been authorized by POST to offer to cover the $5,000 initial cleanup cost, if the City requires controlling the flood plain project of the plan and prepares to imple- ment the Eisner-Smith recommendations. In answer to question by Council , regarding land acquisition and ability to control land, Mr. Foster stated that much of the land can be controlled by density transfers, and some CONT'D acquired, which is one purpose of POST and which it is (101 ) prepared and intends to do. Mayor stated that he is concerned about the capital cost to acquire land in the hands of private ownership, for open space purposes, and, although it was true that the City may have to help with some funds, he believed there are many organizations and individuals who would be interested in aiding in that direction. Phil Short, 149 Twin Palms Drive, POST, spoke in support of the plan recommended by POST and the Community Services Commission that he did not believe a golf course can be in-place and co-exist with the natural desert; !that the golf course will look unfinished, and, in time, he believed there would be pressure on the Council to allow the entire area in grass; and that if preserving the wash area is valued by the Council , it should approve the plan and reject the golf course. . Kitty Hayes, spoke in support of the position by POST, and adopting the plan without amendment that would allow the golf course. Peter Trenchard, applicant for the golf course project, stated that he favored preserving open space, and believed the golf course design concept took that into consideration and reflected concerns of the Planning Commission and Council ; that at least 29 acres will be retained as natural open desert, and there will be several miles of streets, bike and equestrian trails; that the golf course does not impact the entire plan, which is a larger scope; that without single-ownership control , he did not think density transfer would work; that he has dealt with five landowners in assembling that single-control and will be paying $5.7 million; that he believed the cost of cleanup would be significantly higher than $5,000; that he has been working on the project for two years, and, if approved, would intend to proceed Council Minutes 11-4-81 Page 5 1 . TAHQUITZ CREEK GPA (Continued) as rapidly as possible, and progress would depend upon the expediency in which Planning Commission and staff aided in accomplishing that which needs to be done; and CONT'D that the Community Services Commission has indicated (101 ) that there are alternative areas for developing open space. Elizabeth Kieley, POST, urged adopting plan as a specific plan; and stated that vegetation from the golf course, which are not true native desert plants , will germinate in the open area. Alec Chobotuck, 477 N. Palm Canyon, stated that he was concerned about water used by a golf course, and understood that the Desert Water Agency indicated that a golf course should not be installed. Ed Kass, 529 Sunshine Circle West, stated that he represents 120 people living on a 16-acre parcel in the area of the golf course who are in favor of the course; and that benefit to the most people should be considered. There being no further appearances, Mayor declared the hearing closed. In answer to question by Council , Mr. Hanway stated that the Tribal Council 's request to continue the matter is in order to permit it to determine whether the change to adopting the plan as a guideline addresses the concerns which it raised, and if if could support that approach. Councilman Rose stated that he was not opposed to the continuance; that he is not opposed to the City encouraging private enterprise to help on a project the City cannot otherwise do, but did not find this project to be one of that type; that he supports the plan as prepared, and believes that if other parameters had initially be given, the Planning Commission's recommendation might have been appropriate; that the area should be kept for all citizens and he believed the plan contained language to accomplish that; that the Planning Commission recommendation would limit use to some people, i .e. , those playing golf; that golf is costing more and fewer people have the financial ability to play the game; that he did not think it was appropriate to give the area for a project to serve a select few; that in terms of financing, he felt the Council had an obligation to go to the people and ask how it could be funded; that he believed the maintenance costs are reasonable and would not cause a great concern in terms of funding; that faith was needed in the ability to bring the project to fruition; and that the plan should be adopted, without the Planning Commission recommendation for page 48. Councilman Field stated that he did not object to the continuance, and was hopeful that the Tribal Council would act concerning specifics; that he believed in the integrity of the report and would look for testimony to maintain that integrity, as well as how to meet the challenge of density transfer and financing. Council Minutes 11-4-81 Page 6 1 . TAHQUITZ CREEK GPA (Continued) Councilwoman Ortner stated that the plan is an ideal one, but, realistically, it would be considered whether the City can afford it; that it will take efforts on the part of the private sector, the Tribal Council , individual citizens, and the City to make it work,; and that, she believed it would be five years before there was any dentin the effort. In answer to question by Council , City Manager stated that the staff recommendation is for policy action and direction; that there are ennumerable actions that will have to be worked through; that he could not state, confidently, that the City could acquire or retain the area in a natural open space state without spending money; that once Council direction is obtained to work CONT'D toward implementation of the plan, he believed there (101 ) were many facets of the plan which are possible to come to fruition; and that staff would not have all specfics within two weeks, but perhaps could provide additional information concerning the density transfer issue. Mayor stated that the CIP and revenue projections address the next five years, and the Council could examine those to see what kinds of dollars might be diverted; that a full funding/implementation program could not be developed in two weeks ; that he sees the process as a way of helping the Council and the community look at long-term objectives; that he did not think the total could be achieved_, even though most of it is desirable; and that he believed the Council could look at specific segments of the plan, and with a lot of effort, make enough of the plan important to the citizens of the City. It was moved by Rose, seconded by Beirich, and unanimously carried, that the hearing be re-opened and continued to November 18, 1981 . 2. P.D. 127 - DEVELOPMENT RESEARCH CORPORATION (PETER TRENCHARD) (Hearing continued by 10-28-81 ) Director of Community Development reviewed his report, dated November 4, 1981 , outlining the Planning Com- mission' s recommendation, and stated that the concept is to limit the project with tees, greens and links in grass and the remaining in desert landscape; that the channel would not contain any part of the golf course; (116) and that public uses would be of primary concern and the layout of the project would be such as to protect those. Mayor declared the hearing open. Peter Trenchard, applicant, stated that he would like to be part of any discussion regarding feasibility of density transfers; that if the density transfer method was feasible, he believed the City would have already spent time in that direction and been able to accomplish something; that he did not think his interests would be represented, if he could not participate in such discussion; and that people find it difficult to play golf in this City. He reviewed projections from a CVB report relating to the "changing hotel visitor" in terms of dollars, rooms, and the decrease in visitors because of lack of golf facilities. 42 . Council Minutes 11-4-81 Page 7 2. P.D. 127 (Continued) Virginia Shonaker, #18 Villa Riviera, spoke in favor of the golf course, and stated that adjacent residents Fsave problems relating to policing of the open desert area. Gwen Smith, 1377 San Joaquin, supported the golf course. Frank Bogert, 2787 Plaimor, broker for the developer, stated that the area between Sunrise and E1 Cielo is a poor representation of the desert; that the land is held in five ownerships, plus one Indian-owned parcel which is subject to a long-term lease; and that the City!s "whistling Dixie" to think it would come up with $5.7 million to acquire the property. In answer to question by Council , he stated that some of the property may be sold, but the golf course would be maintained as a golf course; that if the extension of Sunny Dunes or Mesquite were required and resulted in destroying the golf course, the developer would have no recourse but to develop the remaining property or develop an executive golf course; and that he was well aware of the street requirement. Allen Lebo, 2633 Mesquite, stated that the area suffers CONT'D from vandalism, illegal dumping and off-road vehicles ; (116) that, hopefully, those situations would be curtailed by the plan; that the problem is lack of maintenance and policing of the area ; that aesthetics is not the only consideration, since the area is also a flood plain ; that he understood stock was being taken in the company, and the value of the land should be looked at as to its value as a golf course with housing, or as the City originally intended the parcel ; and that he was not in favor of either plan, but felt that there were many facts and figures which required more study before a decision is made. In answer to question by Mr. Foster, and City Attorney response thereto, Mayor requested City Attorney to provide a more specific answer on November 18, 1981 , relative to possibility of a flood plain management ordinance. City Manager stated that such would apply to about 2/3 of the project, but not to the 30+ acres outside of the 100-year flood plain. There being no further appearances, Mayor declared the hearing closed. Councilman Beirich stated that he would like further information or discussion concerning the density transfer issue; how the desert landscaping that is an integral part of the golf course can be protected against vandalism; Council Minutes 11-4-81 Page 8 2. P.D. 127 (Continued) and discussion concerning the street requirement: and if the golf course were to disappear, and pressures on the CONT'D Council to allow building houses in that area. (116) It was moved by Field, seconded by Rose, and unani- mously carried, that the hearing be re-opened and continued to November 18, 1981 . 3„ PD-134 - CALIFORNIA REHABILITATION CENTER Recommendation: That the Council approve a planned development district, in-lieu of a change of zone, (116) for a 19-bed addition to skilled-care nursing facility on North Indian Avenue, between Via Olivera and Via Escuela. Director of Community Development reviewed his report, dated November 4, 1981 , and stated that the Planning Commission found that, since only 50% of the existing parking was being utilized, there would be no further requirement for additional parking in connection with the addition. Mayor declared the hearing open, there being no appearances, the hearing was closed. Resolution 14024 approving the planned development district, as recommended, was presented and City Clerk read title of proposed ordinance as follows : AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALI- FORNIA, AMENDING THE ZONING MAP BY APPROVING A PLANNED DEVELOPMENT DISTRICT IN-LIEU OF A CHANGE OF ZONE FOR A SKILLED CARE NURSING FACILITY ON NORTH INDIAN AVENUE BETWEEN VIA OLIVERA AND V][A ESCUELA, SECTION 3. It was moved by Beirich, seconded by Ortner, and unanimously carried that Resolution 14024 be adopted, that further reading of the Ordinance be waived, and that the Ordinance be introduced for first reading. Council Minutes 11-4-81 Page 9 4. P.D. 131 - JOHN WESSMAN Recommendation : That the Council approve a planned development district to allow 16-acre retail complex on South Palm Canyon Drive, between Morongo Road and West Belardo Road. Mayor noted that Councilwoman Ortner was excused from the meeting, since she would abstain from discussion and voting on this matter. Director of Community Development distributed copies of Planning Commission minutes of meetings in June and July, 1970, at which time consideration was given to the Vagabond Hotel and the configuration of Belardo Road, copies of the General Plan in existence at that time and in connection with that subject, and other materials relating to the traffic studies for the subject proposal . He stated that the Tribal Council has recommended the deletion of Belardo Road as a secondary thoroughfare, in connection with the subject project, but recommended its deletion in the case of the Vagabond Hotel project. (116) In answer to question by Council , Director of Community Development stated that although the applicant has a lease on property on the west side of Belardo, which was recently changed to R-3, and on which a hotel site could be developed in the future, the subject application does not include that property, and is proposed as a commercial project; and that any considera- tion of a hotel on the other parcel would be subject to a new application. In answer to question by Council , Traffic Engineer stated that because of concerns as to the ability of the highway to handle traffic generated during peak seasons, the adverse geometrics of Belardo intersecting South Palm Canyon Drive, the impact of traffic ingr,essing and egressing the shopping center, and the forecast of high traffic volume on both East and South Palm Canyon Drives, a traffic study was made; that because of the unfavorable geometrics of the T-intersection at South Palm Canyon, it was concluded that it would not be advisable to bring a major roadway at that point„ but a more northerly point would be more appropriate; that a signal at Sonora Road would not serve the ultimate needs of the City, and a signal at Morongo would be a better location; that Sonora Road provided a better alignment to the east, Morongo Road would handle the function as well and would function better for people coming from the west; and that the six-lane configuration for South Palm Canyon only relates to Highway 111 . In answer to questions by Council , Director of Community Development stated that the Planning Commission approved the Development Committee recommendations, one of which is that the signal be at Morongo Road; that the proposal is to approve a preliminary plot plan, with specific recommenda- tions; that a series of final development plans will need to be processed, however, the intersection configuration decision should not interrupt the scope of the plan ; that in some cases, approval of final development plans runs concurrently with resolution of street issues ; that General Plan amendment hearings will be commenced, which should coincide with final development plans for the project; and that they will dovetail enough that developer will know what he is dealing with and what will have to be installed. r? Council Minutes 11-4-81 Page 10 4. P.D. 131 (Continued) Director of Community Development stated that the parking reduction was based on a review of the P.S. Mall , and an analysis of a project on Ramon Road and Palm Canyon Drive, where a reduction was allowed; and that with the exception of Baristo Road, there is no on-street parking surrounding the P.S. Mall , yet there is always adequate parking in the lot. CONT'D In answer to question by Council , Traffic Engineer stated (116) that given the traffic study, the signal at Morongo Road, and the intersection proposal and roadway widening, the area is workable; that the shopping center will not become a bottleneck; that traffic will tend to be worse at Sunrise and East Palm Canyon; shopping center will have less impact as traffic moves away from it; that staff is in agreement vith CalTrans as to roadway width; that the project relates to the State Highway configuration; and that in light of all considerations, the traffic studies and ultimate highway improvement, traffic movement is workable. Mayor declared the hearing open. Curt Ealy, attorney representing applicant, 600 E. Tahquitz-McCallum Way, stated applicant is in agreement with the staff report and the conditions recommended, except the condition relating to imposing drainage fee; that the project relates to property with existing improvements, and is not a question of changing from undeveloped to developed land, but rather only changing the type of use on the property; that there will not be any adverse impact on flood and drainage conditions by the fact that the use is being changed; that this position is supported by Webb Engineering; that it is not being stated that the problem should not be addressed, but fee should not be assessed to property with existing improvements, and the entire community should share in that cost on a fair and equitable basis; and that it would be fair to impose a condition 'requiring the applicant to participate in the formation of an assessment district when same is formed. There being no further appearances, Mayor declared the hearing closed. In answer to question by Council , Director of Community Development stated that he was uncertain as to the exact amount of square footage at the P.S. Mall (perhaps 100,000 plus sq. ft. ) but includes high traffic generators; that the drainage fee was not established based on developed vs. undeveloped, but took into consideration redevelopment; and that amendments to the parking ordinance are under consideration relating to larger-scaled projects which allow a greater flexibility in reducing the overall num- ber of spaces required. In answer to question by Council , Housing Coordinator stated that the AFCOM project is on schedule, and people should be moving into the park by November 20, and the subject existing park should be vacated by December 31 , 1981 , and the applicant has given a verbal agreement regarding relocation requirements. 1331, Council Minutes 11-4-81 Page 11 4. P.D. 131 (Continued) In answer to question by Council , Director of Community Development stated that the eventual development of Lhe South Palm Canyon area in connection with the traffic study has been taken into account to a certain extent; that the ASL study indicated that the street can handle the traffic, the problem is entering the highway; that recommendation for six lanes will enable more vehicles to pass through the intersection; that a fee CONT' is being considered to pay for the additional widening (116) which will be needed due to additional traffic generated by new development; and that the General Plan indicates a shopping center south of the Canyon Hotel', which ultimately could relieve traffic coming out of the canyon area for daily goods and services, and that same is a distinct possibility, when need and economics match. Following discussion, Resolution 14025, approving P.D. 131 , as recommended, was presented; after which, it was moved by Field, seconded by Beirich, and unani- mously carried, Ortner abstaining, that Resolution 14025 be adopted. (Note: Councilwoman Ortner rejoined the meeting prior to the above vote) 5. CUP 5.0196 - MARIAH MARKETING/SOLAR WIND ENERGY CORP. Recommendation: That the Council approve a conditional use permit to allow installation of two wind turbines , for purpose of assessing feasibility for wind park installation, (78) on parcel located on NE corner of Section 22, between Snow Creek Road and Highway 111 . Director of Community Development reviewed his report, dated November 4, 1981 , and stated 'that the conditions insure that the facility will be in place for a period of time and, if not maintained, will be removed. Mayor declared the hearing open, there being no appear- ances, the hearing was closed. Resolution 14026, approving the conditional use permit as recommended, was presented; after which, it was moved by Beirich, seconded by Field, and unanimously carried that Resolution 14026 be adopted. 6. SIGN APPEAL - 356 SOUTH INDIAN AVENUE (BARRANTINO) Recommendation: That the Council consider appeal to overrule Planning Commission denial of sign which was (131 ) erected without permit or approval at the above location. Director of Community Development stated that in addition to the background provided in his report, dated November 4, 1981 , the appellant' s letter has been provided indicating his position and the basis of his appeal . He stated that the Planning Commission Minutes are a summary of the comments and actions of the Commission, are not verbatim, and that he was not aware of Mr. Barrantino's reasons for statements that the minutes were not correct. Council Minutes 11-4-81 Page 12 6. SIGN APPEAL (Continued) In answer to questions by Council , Director of Community Development stated that there was discussion by the Planning Commission whether to permit the sign to remain in place while consideration was being made, which was not recom- (131 ) mended by the staff because of enforcement problems and fact that the sign had been erected without approval , how- ever, the Planning Commission gave 30 days for removal of the sign; that Mr. Barrantino felt the application of the Sign Ordinance for the particular area was not: consistent, in particular, referring to the Dunes Hotel ; that the hotel is not a part of the shopping area even though it is in the immediate vicinity; that with the exception of the L.ivreri 's Restaurant, all of the signs in the complex are black and white; that the Planning Commission inquired whether the appellant might be interested in pursuing a redesign of all the signs in the complex, which staff did not believe would be possible; and that the illegal sign has been removed. Mayor declared the hearing open. Mr. Barrantino, appellant, stated that black, white and tan are not "vacation town" colors; that the Planning Commission indicated black and white was outdated color combination; that in his opinion only one business in six adheres to the Sign Ordinance; that he took title to the business on one day and was advised to remove the sign the following day as well as remove two outside tables, which he believed in- dicated that he was open for business and, as a result, he has lost income; and that based on advice he received from a client he proceeded to contract for installation of the sign. In answer to questions by Council , Mr. Barrantino stated that he had requested the sign contractor to make the background a light orange color; that a City staff person requested him to sign an application for the sign last week; that the sign contractor indicated to him that there was a small chance of getting it approved; that the con- tractor did not indicate that it would be precedent setting to install it; that the contractor did not say the sign was illegal ; and that he was encouraged to proceed because of his client' s feelings about a Planning Commissioner. There being no further, appearances, Mayor declared the hearing closed. Mayor stated that he has strong feelings about: enforcing the Sign Ordinance, and he hoped the appellant: would be able to recover his costs from the contractor,. In answer to question by Council , Director of Community Development stated that signs in the complex vary because of the varying widths of the shop; that there is a con- forming mode, in that most of the signs are in fact black and white; that given the difficulties of retrofitting and fact that the shopping center dates back prior to 1967, as much effort as possible is made to secure reasonable conformance to the Sign Ordinance; and that staff will look into the question of whether or not other signs in the complex are illegal . It was moved by Field, seconded by Ortner, and unanimously carried that the Planning Commission action be upheld and that the appeal be denied. c� Council Minutes 11-4-81 Page 13 7. ZONING TEXT AMENDMENT - CUP PROVISIONS Recommendation: That the Council amend the Zoning Ordi- nance to update the conditional use permit section, which incorporates minor amendments. ( 103) Mayor declared the hearing open; there being no appearances, the hearing was closed. City Clerk read title of Ordinance as follows : AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING MINOR HOUSEKEEPING AMENDMENTS TO SECTION 9402.00: CONDITIONAL USE PERMIT, OF THE ZONING ORDINANCE. It was moved by Rose, seconded by Beirich, and unanimously carried that further reading be waived, and that the Ordi- nance be introduced for first reading. 8. HYATT TROPICS ROOM TAX PENALTY APPEAL Recommendation: That the Council consider request by Tropics Hotel to rescind penalty, assessed and collected of (140) $626.20 for the month of June, 1981 . In answer to question by Council , City Attorney stated that the appellant is in fact Crown Hotels and that the appeal was signed by Stan Stokes as co-owner. Mayor declared the hearing open. Nick Parmesano, 411 E. Palm Canyon Drive, stated that he took no exception to the issue concerning past history on delinquent tax, however, since a postal error was made in 1980, the second delinquency should not be considered as such and should be forgotten and that the last late date was in fact in 1979; that the person who prepared the report was ill and other arrangements could have been made had it been known that the check for the taxes had in fact not been mailed; and that with the exception in 1979, he believed they had never been delinquent and that they have been in business since the room tax was first imposed. In answer to question by Council , Mr. Parmesano stated that the employee who would have written the check is the head bookkeeper, and that such action is considered routine and without further review. In answer to questions by Council , Chief Auditor stated that it is not unusual for tax reports to be filed late; that this is the third instance for the particular hotel since 1979; that the person who signed the check and the report was in fact the controller and has done so in every instance since 1980; that there were other employees in the hotel ' s accounting department two days prior to the de- linquency who could have taken action and requested an extension, but did not do so; that determination of the amount of tax due was signed by the controller two days prior to the delinquency; that any hotel which files a tax report and remits the tax due beyond the time allowed is assessed a penalty, plus interest, and advised of an oppor- tunity to have a hearing to indicate the reasons for the delinquency; that requests for extensions are received regularly and granted, in which case only the penalty is applied; and that information regarding the possibility of extensions is given annually when the hotel is notified to let the City know whether it will be open during the summer, Council Minutes 11-4-81 Page 14 8. HYATT TROPICS ROOM TAX PENALTY APPEAL (Continued) or when the hotel operation first starts. Following discussion, it was moved by Rose, seconded by CONT` D Beirich, and unanimously carried, that the appeal be denied (140) and that the penalty plus interest as assessed and collected be ratified. PUBLIC COMMENTS: a) Jerry Cain, 1150 E. Palm Canyon Drive, stated that he was in favor of granting extension of Tentative Parcel (119) Map 14654, but wished to appeal the Planning Commission's additional condition -for imposing drainage fees , which he stated would amount to $100,000. He stated that the collection of the fee should tie to the building permit rather than the parcel map, since it would be financially feasible when the construction permit is obtained; and that he felt it was a double payment and appealed to the Council for fairness, since he would be installing other flood protection amenities. LEGISLATIVE ACTION: 9. COMMUNITY PARTICIPATION PROJECT Recommendation: That the Council authorize agreement with Sentient Systems for• services relating to proposed citizen participation project; endorse concept of appointing a project steering committee of six to ten members , makeup of such to be considered at a later date; and appropriate necessary funds. (133) Mayor stated that in-light of discussions at the last study session, staff is recommending that this matter be continued to November 18, 1981 , and perhaps further discussion should be postponed until that time. City Manager stated that discussion at that time .would be appropriate, however, he would recommend that the Council be prepared to move ahead quickly with the appointment of the steering committee if it desired to support the project. It was moved by Beirich, seconded by Field, and unanimously carried that this matter be continued to November 18, 1981 . 10. CROSSLEY TRACT SEWER FACILITY - OPERATION AND MAINTENANCE AGREEMENT Recommendation: That the Council approve operation and (123) maintenance agreement with the County, for sewer facilities in the Crossley Tract through the use of Community Develop- ment Block Grant funds. City Manager noted minor change in the agreement which ver- bally has been agreed to by the County. Minute Order 3012, approving the agreement as recommended and amended, was presented; after which, it was moved by Beirich, seconded by Rose, and unanimously carried that Minute Order 3012 be adopted. Council Minutes 11-4-81 Page 15 11 . ABOLISHING CENTRAL CORRIDOR BUSINESS IMPROVEMENT ADVISORY BOARD (ORDINANCE INTRODUCED 10/14/81 ) City Clerk read title of Ordinance 1152 as follows : (60) AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALI- FORNIA DISESTABLISHING THE CENTRAL CORRIDOR BUSINESS IMPROVEMENT AREA ADVISORY BOARD AND REPEALING CHAPTER 2.24 OF THE PALM SPRINGS MUNI- CIPAL CODE, WHICH CREATED SAID BOARD. It was moved by Beirich, seconded by Rose, and unani-- mously carried that further reading be waived and that Ordinance 1152 be adopted. 12. AIRPORT USE AND SECURITY AGREEMENTS - COCHISE AIRLINES Background: Consideration of airport use and security reimbursement agreements with Cochise Airlines was (51 ) continued on October 28, 1981 , at request of lessee. Transportation Director stated that the Airport Com- mission has endorsed its previous recommendation, however, the proposed lessee will present other information to the Commission, and this matter will be brought back to the Council at its first meeting in December. It was moved by Field, seconded by Beirich, and unanimously carried, that this matter be continued pending further report by the Airport Commission. 13. TENTATIVE PARCEL MAP 14654 - TIME EXTENSION Recommendation: That the Council approve a second 12-month time extension for the above map for property located on the south side of Vista Chino, east of Sunrise Way, for professional/clustered residential (119) development. Director of Community Development stated that the subdivision is atypical , in that it is for phased development of a professional complex; that he would not have a problem supporting payment of the drainage fee at the time of construction permit; that the developer, at the option of the City, can either pay the fees or install the improvements, and can bond the cost as part of off-site improvements. He stated that he has not discussed these possibilities with the developer, and that there was no consideration given to installing the storm drain system when the map was first reviewed. Mr. Cain, developer, stated that the two-years of engi- neering cost is considerable; that the proposed retaining wall will mean that the project will not contribute to the problem of water coming onto the street from upstream; that it would be extremely difficult to abandon that concept at this point; that he would like to be credited for the approved plan against the amount of the fee; that he does not want to install the drainage system; and that the cost of redesigning the project would be about the same as the drainage fees. 49 Council Minutes 11-4-81 Page 16 13. TENTATIVE PARCEL MAP 14654 (Continued) Councilman Rose stated that he was sympathetic to the problem, but an off-set in the fee would not be appropriate since the two improvements are not com- CONT'D parable. (119) In answer to question by Council , Director of Com- munity Development stated that the hydrology study indicated that water coming from Vista Chino would inundate the property, and the retaining wall is to protect the property from that, and not to contribute to the overall drainage solution; and that the wall is intended to keep water off the property, not on it. Resolution 14027, approving the time extension, as recommended, was presented; after which, it was moved by Rose, seconded by Beirich, and unanimously carried, that Resolution 14027 be adopted. CONSENT AGENDA: 14. Minute Order 3013 approving agreement with the School District to provide a full-time police officer on High (126) School campus for the 1981-82 school year. 15. Resolution 14028 approving 2-year time extension for Tentative Tract Map 16581 , for property on the north (137) side of Racquet Club Road, between Sunrise Way and Aurora Drive, 167 units , Lapham/Desert Dorado. 16. Resolution 14029 approving 12-month time extension for Tentative Tract Map 16544, for property between Calle (137) Encilia and Calle E1 Segundo, south of Tahquitz-McCallum Way, 98 units, Perrier/Starkman/Western Ventures. 17. Resolution 14030 and 14031 approving Payroll Warrants (86) and Claims & Demands. 18. Minute Order 3014 approving amended cooperation agreement with Riverside County for Community Development Basic (85) Grant Funds. 19. Minute Order 3015 awarding purchase of slurry seal mineral aggregate to Massey Sand & Rock Co. , in amount (136) of $7.155 per ton. 20. Minute Order 3016 awarding purchase of slurry seal emulsion to Koch Asphalt Co. , in amount of $174.70 per (136) ton. 21 . Minute Order 3017 authorizing purchase of a Canon Model (84) #NP40OFS, at a cost of $9,813.40, without competitive bidding. 22. Resolution 14032 and 14033 amending the Allocated Positions and Compensation Plans, and amending the (61 ) budget, relating to reorganization of Data Processing Division of the Finance Department. 4 Council Minutes 11-4-81 Pagel7 CONSENT AGENDA (Continued) 23. Resolution 14034 amending the Allocated Positions and Compensation Plan to incorporate positions in connection (61) with budget amendments utilizing previously unbudgeted bail-out funds approved at the 10/14/81 meeting. It was moved by Field, seconded by Rose, and unanimously carried that Resolutions 14028 through 14034 and Minute Orders 3013 through 3017 be adopted; Beirich abstaining on Minute Order 3013. 24. FIRE STATIONS 1 & 4 - CONCRETE 14ORK Recommendation: That the Council award contract to B-1 Enterprise Corp. for the removal and replacement (117 of concrete driveways at Fire Station Nos. 1 & 4, in & 61 ) the amount of $17,600 and appropriate additional funds in the amount of $4,700. Minute Order 3018 awarding the contract and Resolution 14035 amending the budget, were presented; after which, it was moved by Beirich, seconded by Field, and unanimously carried that Minute Order 3018 and Resolution 14035 be adopted. REPORTS & REQUESTS: 25. CITY COUNCIL reports or requests a) At request of Councilwoman Ortner, possibility of installing a stop intersection at Camino Real and (136) North Riverside Drive was referred to staff. Councilwoman Ortner' s concerns related to children using the footbridge at Camino Real and the fact that traffic has not lessened on North Riverside Drive, even though the Lincoln-Mercury auto dealership is no longer located in the general vicinity which previously appeared to generate substantial traffic on North Riverside Drive. 26. PUBLIC reports or requests - None 27. STAFF reports or requests - None ADJOURNMENT: There being no further business at 11 :20 p.m. , Mayor declared the meeting adjourned. �H SUMICH City Clerk WD gnR1 119