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HomeMy WebLinkAbout11/18/1981 - MINUTES CITY OF PALM SPRINGS CITY COUNCIL MINUTES NOVEMBER 18, 1981 A Regular Meeting of the City Council of the City of Palm Springs, was called to order by Mayor Doyle, in the Council Chamber, on Wednesday, November 18, 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 and an invocation by Rev. Kenneth Whitney, St. Paul 's in the Desert. 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 . PRESENTATION: Mayor presented plaques, expressing appreciation to the following persons, for their service on the Central Corridor Business Improvement District Advisory Board: William Sorrentino Harold Blumberg (60) Frank Kennedy Marjorie Taft David Ortega Ralph Thornton Mayor also presented plaque on behalf of the P.S. Mounted Police to Howard Haddock, Leisure Services Superintendent of Special Events, for (74) his support and work with the organization. APPROVAL OF MINUTES: It was moved by Beirich, seconded by Rose, and unani- mously carried, that the minutes of October 28, 1981 be approved. PUBLIC HEARINGS: 1 . GENERAL PLAN AMENDMENT - TAHQUITZ CREEK SCENIC RECREATION AREA Director of Community Development highlighted result of the November 4 hearing; and reported receipt of letter from the Tribal Council , dated November 17, 1981 , indicating that although some concerns have been addressed, it still has concerns relating to the financial feasibility of the plan, and procedures which will be used in its implementation. (101 ) Councilman Rose stated that it came to his attention on November 16 that one of his clients owns property abutting the subject area, and that he would abstain from discussion and voting. Mayor declared the hearing open. Council Minutes 11-18-81 Page 2 1 . GPA ,- TAHQUITZ CREEK (Continued) Allen Perrier, 225 S. Civic Drive, attorney repre- senting Ravese property on Sunrise Way, stated that he previously submitted letter, dated November 12, 1981 , to the Council (a copy of which is on file in the Office of the City Clerk) and that the property is zoned and shown on the General Plan as residential , and most of it is not in the open space element of the General Plan; that from a conventional zoning viewpoint, he did not think it was reasonable to suggest that the property should be zoned open space, and the question is whether it should be made as open space, or implied as open space, under a projected flood plain management ordinance; that the property is no differently situated than the Desert Chapel property, which is also in the 100-year flood plain, and it can be made to comply with the current "W" prefix, simply by grading to take care of the 100-year flood; and that regardless of channel improve- ments, protection will be provided to the property. Robert Fey stated that he was not notified that his property was in the subject area; that the flood plain line has not been precisely defined by any survey; that ASL indicated to him that his entire 15 acres would become flood free with a minimum amount of work after the Tahquitz project is completed; and that without a precise survey to determine where the flood plain line is, his property should be excluded from the area. Robert Lineau, 2497 Brentwood, stated he was opposed to allowing a golf course in the flood plain area ; that the Council should consider whether the Eisner- Smith report is in keeping with the identity of the CONT'D community, and whether the the City can afford it; (101 ) that if the area between E1 Cielo and Sunrise is not focused upon, development will take place; that the area east of E1 Cielo is not a high priority because most of it is publicly owned land; that the Tahquitz Cone is important, some of which has already been acquired, but the strategy for its protection will ultimately be the decisdon of the Tribal Council ; that he felt the land acquisition costs for the area between E1 Cielo and Sunrise may be nil , some acquired through density transfer; that he understood bicycle path costs were being paid for through grant funds; that the arboretum can be added later when funds are available, either through the City, POST or otherwise; and that he believed the cost could be shared in the future and the project accomplished. David Kaplan, 877 Ave. Palos Verdes, spoke in support of the position held by POST, and stated that the General Plan calls for preservation of the flood plain, and he felt it would be a mistake not to acquire this area and risk losing a central parcel which depicts the character of the City, and the loss would be more noticeable if development were allowed to fill-in the remaining land; that assurance was given in the develop- ment of the report that land could be acquired without large outlays of tax funds; and that the report of the Assistant City Attorney confirms possibility of retaining the philosophy of the General Plan and keeping the washes in as natural a state as possible, and that should not be sacrificed. 341 Council Minutes 11-18-81 Page 3 1 . GPA - TAHQUITZ CREEK (Continued) Ed Kass, 529 Sunshine Circle West, spoke in favor of the plan as a guideline, and stated that approval as a specific plan will result in problems for many years; that the cost of acquiring the property is unknown, and he believed the estimates to be rational ; and that he questioned if the area was so desirable, why it, has been allowed to become that which it is today. Dr. Poliak, 227 Via Las Palmas, stated that he agreed the area needed to be cleaned-up; and read a statement from the Desert Museum Natural Science Curator, a copy of which is on file in the office of the City Clerk. Bill Foster stated that if the plan is adopted as a guideline, the Council will receive constant pressure CONT'D to allow development; that he was aware of the :zoning issues relating to the Cone area, but believed those could be resolved; and that approval of a golf course will establish a pattern for the future, as well as for the future of the Palm Canyon and Whitewater Washes. Peter Trenchard, 640 N. Indian, stated that at a meeting on July 21 , 1981 , which was attended by himself„ a representative of ASL and Webb Engineering, the Planning Director, Director of Community Development and Director of Community Services , there was considerable diiscussion concerning land acquisition, costs, the Eisner-Smith plan, and how the golf course fit into the overall scheme; that the Director of Community Services expressed his Opinion that his project would be a second choice to the Eisner-Smith plan, and that there was additional land downstream for open space. He read a portion of the report (Page 50, Flood Plain) that greenery is complimentary to open space. Kitty Hayes, reiterated comments which she has previously made. Frank Bogert, 2787 Plaimor, stated the 15-ft wall , with chain link fence on top of it, extending from DeMuth Park to the Sewer Plant, is not carrying out the intent of beautification and open desert, although he recognized the need to protect the Sewer Plant; that he represents Bud Furer, who owns land in Section 19, and who has received offers of $3.5 million and who would not be willing to give it to the City, but sell it for that price; and that he did not believe POST would be able to raise that kind of money. There being no further appearances, Mayor declared the hearing closed. In answer to questions by Council , Director of Community Development stated that the Tahquitz Flood Project will not substantially effect the Fey property, but rather property nearer Sunrise Way; that the area is subject to erosion, and the project will not create protection and the flood plain will remain much the way it is now; that the flood plain is that area which will be 'inundated with water, given a 100-year event, and is based on the topography and where the water will go; that rains in past have not been of that size event and water was not out of the flood plain area ; and that major flooding in 1969 was a result of the Whitewater River and not; the Tahquitz Channel . Council Minutes 11-18-81 Page 4 1 . GPA - TAHQUITZ CREEK (Continued) In answer to question by Council , Assistant City Attorney stated that his comments referred to the "W" prefix area. Councilman Field stated that the public input has been very good; that he has concluded that funding is possible, either to find a way or for City to present a way of finding funding; that his main concern related to integrity of the plan ; that the City is a desert and forever long as that essence can be preserved, it should be preserved; that he favored the specific plan approach; and that the City is dealing with the flood plain and possible residences in and near that area. Councilwoman Ortner stated that she believed the plan to be a beautiful one, but was concerned about the economics of achieving it; that if adopted as a guideline, it will not preclude POST from seeking funds; that a golf course use similar to Ironwood would not be detrimental to the community; and that she favored adoption of the plan as a guideline. Mayor stated that he preferred a flexible approach, which would be provided if the plan were adopted as a guideline, and would take into account some of the zone changes by the Tribal Council and City Council ; that the Eisner-Smith plan could be supported as a CONT'D specific plan, but in practicality, would not make (101 ) sense in terms of the Council 's relationship with the Tribal Council ; that he believed the only feasible solution to implementation would be for the City to buy the land, which he did not foresee as reasonable either now or in the future; and that adoption of the plan as a guideline would not preclude POST and others from pinpointing where the City is going and helping to raise money to move in that direction. Resolution 14036, adopting the Tahquitz Creek Scenic Area Technical Report as a guideline, was presented; after which, it was moved by Beirich, seconded by Ortner, and carried, Field voting No and Rose abstaining, that Resolution 14036 be adopted. City Manager stated that there is no precise program at this time, but staff will follow-up in regard to a flood plain management ordinance and consideration of specific plans for segments of the project; and that consideration of developing priorities for developing potential funding, will be part of the work program at the staff level to follow-up for Council action. 2. P.D. 127 - DEVELOPMENT RESEARCH CORPORATION (PETER TRENCHARD) Director of Community Development highlighted Planning Commission recommendation to approve golf course project on property on both sides of Farrell Drive, between Ramon Road and Mesquite Avenue, and previously (116) reviewed in detail and prior public hearings. Councilman Rose stated he would abstain from discussion and voting, because of similarity of conflict as in above Item 1 . .Sylb Council Minutes 11-18-81 Page 5 2. P.D. 127 (Continued) In answer to questions by Council , Director of Com- munity Development stated that Condition #13 refers to street dedication for the project; that Mesquite and Sunny Dunes are shown on the General Plan and both traverse the property; that the Planning Com- mission did not want to give up the ability to dedicate and install the streets, but in equity to the developer, approved a deferral until such time as the improvements become necessary; that the developer would have 10 years from the time of demand to install the improvements; that portion of the current circula- tion study addresses these two streets, and if found not to be necessary, the condition would become moot subsequent to a General Plan Street Plan to delete them; and that if the study were completed prior to the commencement of construction of the project, the streets could be required at that time. CONTCity Manager stated that staff is confident that the 116)( streets would not be required in the immediate future 116,1 (2-3 years) and quite possibly not at all . In answer to question by Council , Director of Community Development stated that the entire site contains about 140 acres of which 25 are in the wash area and have been removed for density calculation purposes, leaving 115 acres or about 400 units as the maximum potential density transfer, which only applies to the areas near Ramon/Farrell and south of the wash. Mayor declared the hearing open. George Marantz, #6 Palomino, stated that Mesquite Avenue is a major east/west street, and challenged why -it should stop at Farrell . Ruth Licata, League of Women Voters, read a prepared statement, a copy of which is on file in the Office of the City Clerk, urging that no action be taken until completion of the traffic circulation study. Patrick Hayes, 284 Morongo Road, stated that the natural desert area is preferable to a park setting; that a golf course will obstruct enjoyment of the natural beauty; and that there are other places where golf can be played. Ed Kass, 529 Sunshine Circle West, read an article from a newspaper about the possibility of the golf course, plaudits for it, and fact that it will not depend on condominiums for its success. Peter Trenchard, applicant, stated that there are many people in the community who think the project is a viable and needed recreation facility; and that, if the project is approved, he will do his best to maintain the integrity of the Eisner-Smith plan, recognizing that it will not be exactly the same, and to make it an aesthetically pleasing environment for as many people as possible. Frank Bogert, 2787 Plaimor, stated that Palm Springs is no longer a golf community; that only one hotel has its own golf course, yet,conventioneers want to play golf; that the proposed golf course will confine the channel somewhat, although it will still be 300-ft wide; and that it is possible to provide desert planting on Farrell Drive. Council Minutes 11-18-81 Page 6 2. P.D. 127 (Continued) In answer to question by Council , Mr. Bogert stated that he did not believe there would be any significant problem with golf balls going astray across Farrell Drive; that the fairways are wide, golfers will be driving away from Farrell , and trees could be planted. Ron Wallace, 1317 El Alameda, spoke in favor of the project, stating that it will reduce the number of housing units in the area, eliminate dumping on the site, and enable a good portion to remain in open space; and that the residential and hotel communities need another golf course for recreation purposes and to encourage tourism. There being no further appearances, the hearing was closed. In answer to question by Council , Director of Com- munity Development stated that the Traffic Engineer believes there is not an immediate need for the extension of Mesquite; that its extension is com- plicated by the fact that the wash curves southeasterly and the street would cross it at a diagonal ; that it now stops at the Fairchild golf course, and no dedica- tion was provided across that parcel of Indian Land at the time of its development; that Mesquite Avenue, from the east, ending at E1 Cielo, is now offset from the proposed westerly extension by several hundred feet and there is a question as to how the physical construction would be engineered; and that of the two streets, Sunny Dunes might be the more likely CONT 'D to go through as a parallel thoroughfare south of (116) Ramon Road. He also stated that the possibility of multiple residential or even a hotel is possible because of the R-2 zoning within the boundaries of the project and because it is a planned development district, however, it would come in at a later date, and would not be in the flood plain area, but only in the designated areas where the density transfer might take place; that there is considerable work yet to be done before the plan is finalized; that the support for keeping the area in open space stems from two views - that it be kept in a natural state, and that it be kept open space allowing golf course use; that assumption has been made that the City could enforce the density bonus trade-off and preserve the. area in a natural state in all cases; that it is not certain that the City can legally do so where the parcels are not owned by a single owner, and if it cannot legally enforce the density trade-off, because of multiple owners, it may be faced with having to approve a substantial narrowing of the 100-year flood plain which would lead to a radical reduction in open space; and lack of approval would leave the question whether the Council could determine to leave it in open space. Assistant City Attorney stated that in the event of separate ownerships, each parcel would have to be evaluated to determine if the transfer could be made to another property, on site, or if the parcel were too small to accomodate the transfer; and the City could be faced with trying to give fair value in the way of density transfers when dealing with individual owners. He referred to a technique tried in the Coastal Zone, •i .e. , Council Minutes 11-18-81 Page 7 2. P.D. 127 (Continued) density transfer could be traded from one developer to another, with the presupposition that the City would find the developer to purchase that trade- off. In answer to question by Council , City Manager stated that concern does exist whether the State Board of Health will take action to restrict the ability to use reclaimed water for golf courses. Mayor stated that he was concerned about the amount of water that a golf course would use; that use of effluent would relieve burden on the underground supply and result in utilizing the effluent produced at the treatment plant; and that if the project is approved, he would favor requiring use of effluent D'ONT unless disallowed by the State Board of Health. C ONT City Manager stated that the City is not in a position at this time to state absolutely that the effluent would be available, because of technical and other aspects needed to be worked through; and possibly it could be required if a finding is made that it is available and the techology is possible. Resolution 14037 , approving the planned development district, as recommended, was presented; after which it was moved by Ortner, seconded by Beirich, and carried by the following vote, that Resolution 14037 be adopted, subject to amendment of Condition No. 2 to include "if available" in regard to use of effluent: AYES: Beirich, Ortner & Doyle NO: Field ABSENT: None ABSTAIN : Rose MAYOR DECLARED A RECESS, AND UPON RECONVENING, BUSINESS RESUMED AS FOLLOWS. Council Minutes 11-18-81 Page 8 3. PD-135 - JEWISH COMMUNITY CENTER Recommendation: That the Council approve a planned development district for the Jewish Community Center's Master Plan of a three-acre parcel on the northeast corner of Alejo Road and Vine Avenue, including phase development of related facilities. Director of Community Development reported that the Center was originally approved in 1969, under con- ditional use permit; that it has acquired the entire block and presented a master plan for ultimate develop- ment; that this matter was reviewed in detail at the last study session; and that the Planning Commission has approved the district and Phase I thereof. Councilman Rose stated that since he was an officer of the corporation, he would abstain from discussion and voting. Mayor noted that Councilman Field also would abstain and had been excused from this portion of the meeting. Mayor declared the hearing open. Rabbi Joseph Hurwitz, representing applicant, stated that in response to concerns by neighbors, driveway (116) openings will be on Vine Avenue and Alejo Road. Stewart Barton, 444 Chino Drive, stated that he was in favor of the application, but requested that construction be restricted to 8 a.m. to 6 p.m. and that delivery and kitchen ingress and egress should be on Alejo Road, He stated that it was his understanding from the City Attorney' s office that there is no ordinance relating to early work permits, only an informal enforcement; if complaints are received, and no mechanism for enforcement. Assistant City Attorney stated that the requirement of an early work permit has been deleted allowing work to commence earlier; provided there are no subsequent com- plaints; however, if complaints are received, there is an ordinance mechanism to cause cessation of work. Mr. Barton stated that he has attempted to utilize such mechanism without satisfaction and that it appears to be only a paper mechanism and not easily translated into a remedy. City Manager stated that this matter will be followed up with staff. Bob Rudnick, 573 North Cahuilla, stated that he was in favor of eliminating any traffic on Chino Drive, that he lives across the street from the center, and that he, too, was sensitive to the early morning construction concerns. There being no further appearances, Mayor declared 'l;he hearing closed. 35fl Council Minutes 11-18-81 Page 9 Councilman Beirich stated that he was aware of a number of phone calls from contractors who have paid fines for CONT' D early morning work and that if there has been no change in the process, the reason for allowing the condition (116) to continue should be pursued. He stated that; with the stipulation of the Rabbi relative to diverting of traffic, he would support approval of the district. Resolution 14038, approving the planned development district, as recommended, was presented; after which, it was moved by Beirich, seconded by Ortner, and unani- mously carried, Field and Rose abstaining, that Resolution 14038 be adopted. 4. PUBLIC NUISANCE ABATEMENTS - ASSESSMENT LIENS Recommendation: That the Council confirm the pro- ceedings and accounting reports filed October 14, 1981 , and impose special assessment liens on various pieces of property throughout the City. Director of Community Development reported that this (57) matter was reviewed in detail at the last study session. Mayor declared the hearing open; there being no appearances, the hearing was closed. Resolutions 14039 through 14043, confirming the reports and imposing the liens, as recommended, was presented; after which it was moved by Beirich, seconded by Rose, and unanimously carried that Resolutions 14039 through 14043 be adopted. PUBLIC COMMENTS a) The following persons spoke concerning the proposal to delete sex discrimination from membership in organizations which desire discount rental rates at the Leisure Center facilities: (114) Jennie Mae Rall , President League of Women Voters submitted comments (copy of which is on file in the office of the City Clerk) , Ruth Licata, American Civil Liberties Union Desert Pass Chapter submitted comments (copy of which is on file in the office of the City Clerk) , and Karen Kyser, representing the National Organization of Women. b) Robert Fey, on behalf of the Palm Springs Board of Realtors, stated that the organization is the only one which meets each week throughout the year in the Pavilion; that the proposed fee amendment would result in a (114) rental of $6,000 per year; that the Board would like some consideration given in reducing this amount; and that he felt the fee would, in effect, be tripled and would be a hardship on the organization, and that it does not charge for attending its meetings. Council Minutes 11-18-81 Page to PUBLIC COMMENTS (Continued) In answer to question by Council , Leisure Services Superin- tendent, Special Events stated that the rental of the CONT'D Pavilion previously based on the portion of the facility (114) used has been deleted from the proposed fee amendment, because it has been found that most organizations, although renting 1/3 or 2/3 of the building, do, in fact, cause the building not be used otherwise; and that he would recommend consideration be given to reducing the rental for those organizations which meet on a weekly basis during the morning hours. LEGISLATIVE ACTION 5. COMMUNITY PARTICIPATION PROJECT Background: On November 4, 1981 , the Council continued consideration of recommendation to authorize agreement with Sentient Systems for services relating to proposed Citizen Participation Project; endorsing concept of appointing a project steering committee of six to ten members; and appropriating necessary funds. City Manager stated that the Downtown Development Advisory Commission voted not to recommend approval of the project, which he believed stemmed from its views that the project should be more oriented toward ex- pectation that public relations is needed, when in fact the project relates more to fundamental issue of public participation, and attempt to bring about a process (61 & 133) that will allow a number of different people interested in the downtown area and the community as a whole to attempt to reach a consenysus and resolution concerning downtown issues, i .e. , development, circulation, and perhaps signs; that had he approached the DDAC earlier, it may have arrived at a different solution; that the firm recommended has a track record as being geared toward this type project, which attempts , in a low-key manner, to solicit input in a positive way to secure participation on the decisions needed as to the future of the downtown area; and that he was recommending expenditure of Community Redevelopment Agency funds in addition to City funding. Councilman Field stated that he would like the explanation of the City Manager shared with the DDAC. City Manager stated that this would be accomplished in addition to the suggestion at the last study session that two members of the Council meet with the DDAC and review the project; that the consultant views the position of the DDAC as an additional reason for thinking through the role of the steering committee; and that the entire process has considerable flexibility. Mayor stated that he had spoken with several members of the DDAC who expressed concern about the role of the steering committee and felt that it would be better to fall within the framework similar to that of a committee which provided a recommendation to the School Board some years ago, i .e. , serving as a channel for recom- Council Minutes 11-18-81 Page 11 5. COMMUNITY PARTICIPATION PROJECT (Continued) mendations; that he informed those members that a subcommittee of the Council would meet with the DDAC CONT' D and explain its position and the problems it sees as (61 & 133) elected officials and solicit any modifications to the process that the DDAC might have; that those members with whom he spoke seemed to be reassured by his comments and indicated support of the Council in the approach it takes. Councilman Rose stated that he recognizes the com- munications problem and that it is essential that the Council do something toward improving communications with those concerned about the downtown area; that he views the process as an extremely valid approach to resolving that problem; and that although the DDAC minutes seem to infer that the Council does rot pay heed to it, he feels that the DDAC does, in fact, provide a valuable service and the Council appreciates its work. Minute Order 3019, authorizing agreement and endorsing the steering committee concept, and Resolutions 14044 and 14044-A amending the budget, were presented; after which it was moved by Rose, seconded by Beirich, and unanimously carried, that Minute Order 3019 and Resolutions 14044 and 14044-A be adopted. 6. TENNIS CENTER SUBLEASE Recommendation: That the Council approve an agreement with Steven A. Solomon, for operation of the City's Tennis Center, subject to approval by the School District. Director of Community Services reported that the matter had been reviewed in detail at the last study session, and highlighted specifics of the proposed agreement, as detailed in his report of November 9, 1981 . In answer to question by Council , he stated that if the School Board did not approve the agreement for whatever reasons, those reasons would be brought back to the City Council for review, and that he was not aware of what: would be those possible reasons. (117) Assistant City Attorney stated that the usual provisions in such agreements is that the lessor has the right to reasonable review and that the City' s ability to sub- lease cannot unreasonably be withheld. Councilman Rose stated that if he had a choice, he would prefer a different direction, however, without such option available, and the alternative being to relinquish the property, he did not see any other viable solution and still maintain a public use of the property. Council Minutes 11-18-81 Page 12 In answer to question by Council , Steven Solomon, CONT' D proposed Sublessee, 460 Via Colusa, stated that the (117) restaurant portion of the project is proposed for public dining and will be open to the general public; that he did not contemplate a pro shop at this time; and that if it was necessary to include reference to the availability of the dining area to the general public in the agreement, he would be willing to do so. Minute Order 3020, approving the agreement as recom- mended, was presented; after which, it was moved by Rose, seconded by Field, and unanimously carried, Beirich abstaining, that Minute Order 3020 be adopted. 7. PROPOSED PALM SPRINGS FLAG Recommendation: That the Council consider Chamber of Commerce recommendation to approve design of a Palm Springs Flag, as proposed by Henry Untermeyer. Mayor stated that it was uncertain as to who would be the beneficiary from a marketing effort of the flag. In answer to question by Council , Mr. Untermeyer stated (67) that if the Council approved the design of the flag, it would become the property of the Chamber of Commerce; that there is discussion with the Chamber President and current Executive Director as to method of marketing, which will be an issue that will be resolved by the Chamber of Commerce; and that 50 small flags would be made available for the Mayor's use. Councilman Field stated that he did not want any part of the design, property, obligation, or expense; and that he felt the City had other and more pressing business to attend to without being encumbered with this project. Councilwoman Ortner stated that she felt that the City should have a flag, but she was not in favor of the pro- posed design or color; and that she could not support the proposal . No action was taken. 8. AIRPORT MASTER PLAN STUDY Recommendation: That the Council approve agreement with PRC Speas Associates, Division of PRC Planning and Economics, to conduct a master plan study of the airport, in maximum amount of $223,634. Councilman Beirich stated that it was reported at the (51 ) study session that this study would take into account airline deregulation, and questioned that if there is already a problem with deregulation, would expansion ,of the general aviation aspect worsen that situation bo the point that commercial airlines would be less likely to come to Palm Springs. Council Minutes 11-18-81 Page 13 S. AIRPORT MASTER PLAN STUDY (Continued) Transportation Director stated that about 10% of the traffic is scheduled air carrier, including commuter; that the bulk of traffic has been, and is expected to continue to be, high quality general aviation traffic, which is compatible with air carrier traffic; that the CONT 'D airport capacity, in its current configuration, can (51 ) handle double that which it is now handling; that it is not anticipated that a new FBO would do anything approaching doubling traffic, but would begin to provide necessary facilities that the airport does not now have; and that he sees no way that accommodating traffic that is here, want to be here, or will come in the future, can impinge on necessary airline traffic. In answer to question by Council , Transportation Director stated that the issue regarding a 40•-year lease agreement by Jimsair was discussed with the various consultants submitting proposals, all of which commented on fact that the layout plan was well done and good for the period for which it had been used; that the proposed consultant sees no problem with that proposal ; and that general aviation uses have always been proposed on that side of Bogie Road. Resolution 14045, approving the agreement as recom- mended, was presented; after which it was moved by Rose, seconded by Beirich, and unanimously carried, that Resolution 14045 be adopted. 9. COMPREHENSIVE FEE SCHEDULE AMENDMENT - LEISURE SERVICES Recommendation: That the Council amend the Compre- hensive Fee Schedule relating to Leisure Services and Library fee schedules. City Manager stated that in addition to the fee adjust- ments, the proposal results in amending the criteria for groups to qualify for the discount rates, in that the activities of the organization must qualify con- (114) tributors for income tax deductions under Section 501 (c)3 of the Internal Revenue Code, which, in fact, limits the discount to groups specifically raising funds for charitable purposes. He stated that the Library Board has recommended approval of the fee amendments, and retention of existing policy statement which provides that groups discriminating on the basis of race, color, religion, sex, creed or national origin, be ineligible for the discount rates; and the Community Services Com- mission recommended approval , with , deletion of the non- discrimination requirement from the policy. He recom- mended that existing footnote 4 be amended to read as follows: 4. Discount rental rates are available to those groups which meet the following criteria: (1 ) the group is chartered as a non-profit corpo- ration by the State of California; (2) its activities qualify contributors for income tax deductions under Section 501 (c)3 of the U.S. Internal Revenue Code or equivalent State law; and (3) the group extends member- ship privileges to any person regardless of race, color, creed or place of national origin. Council Minutes 11-18-81 Page 14 9. COMPREHENSIVE FEE SCHEDULE AMENDMENT (Continued) Community Services Planner stated verification would be to determine whether the group has the 501 (c)3 qualifi- cation; that staff was aware that not all fraternal organizations would automatically qualify, but that that would have to be established if they did not; that the exemption is patterned after that which was recently approved by the Council for auctions at the Pavilion; that the Board of Realtors is the only group which uses D' the Pavilion consistently on a weekly basis ; that the CONT CONT suggestion to permit a reduced rate would necessi (.ate a change in the proposed resolution; that the rates for commercial uses at the Pavilion were lowered because it was felt that not enough commercial use was attracted to the Pavilion; and that the cost of cleanup is covered, except for damages, and a security deposit has been recom- mended as a part of the fee schedule. Councilman Beirich stated that the staff report suggest that fraternal organizations should not be penalized, monetarily, but a separate organization must be set up to receive the benefit of the discount, which he felt was misleading. In answer to question by Council , City Manager stated that the proposal as written would mean that a group would have to meet all three criteria in order to receive the discount rate. Councilman Beirich stated that it should be clear up- front that the allowance is for a demonstrable chari- table benefit; and that he did not think the intent was that the City would capture funds that should go back to the community in general . City Manager stated that he believed the proposed amendment removes the focus on sex discrimination, be- cause the groups which benefit from allowing an organi- zation to discriminate, are the beneficiaries of the charitable contributions, which he felt would unlikely be various by sex, and the organization which itself discriminates would not receive the tangible reward of the discount. Councilman Rose stated that he would be opposed to specifying a particular organization to receive a reduced rate, e.g. , the Board of Realtors, but would not be opposed to a reduced rate for any organization which rents on a weekly basis, as long as the costs are covered; that he did not subscribe to a philosophy that discrimination is a trade-off to passing the discount through to charity, and he did not think such rationale was logical ; and that he supported the Library Board's recommendation, as well as granting a reduced rate for organizations which rent the Pavilion several hours during the morning on a weekly basis. He moved that the resolution, incorporating the Board's recommendation, and granting the reduced weekly rate be approved. Council Minutes 11-18-81 Page 15 9. COMPREHENSIVE FEE SCHEDULE AMENDMENT (Continued) Mayor stated that he did not consider the basiis of member- ship in organizations such as AAUW, Men's Club of Temple Isaiah, or the Knight's of Columbus, as discriminatory, but as logical requirements of membership; and fact that an organization must conform to 501 (c)3 and extend member- ship privileges regardless of race, color, creed or place of national origin are valid criteria. CONT'D Motion by Rose, was seconded by Field, and failed to (114) carry by the following vote: AYES: Field & Rose NOES: Beirich, Ortner & Doyle ABSENT: None Resolution 14046, was presented, as recommended above by the City Manager; after which, it was moved by Beirich, seconded by Doyle, and carried by the following vote, that Resolution 14046 be adopted, and that the staff provide recommendation for Council consideration to establish a reduced rate for weekly users of the Pavilion: AYES: Beirich, Ortner & Doyle NOES: Field & Rose ABSENT: None CONSENT AGENDA 10. Resolution 14047 determining sufficiency of petition for sewer improvements in the Mesa 'Tract, between Ridge (56) Road and Overlook Road (Assessment District 139). 11 . Minute Order 3021 approving agreement with Children's Home Society to conduct program to service problems of (85) local minority youth, in amount of $8,267. 12. Resolution 14048 approving final development plans for an industrial complex, including industrial office and (116) mini-warehouse section, W. Geitter (P.D. 87) . 13. Resolution 14049 approving Tentative Parcel Map 18051 , to combine property on Bogert Trail , east of South Palm (119) Canyon Drive - tennis court, Hallmark/G. Berk. 14. Resolution 14050 approving Tentative Parcel Mlap 18163, to combine property at 345 E1 Portal - tennis court, (119) Webb/R. Bukich. 15. Resolution 14051 approving Tentative Parcel Mlap 18146, to combine property at 500 W. Ramon Road - single- (119) family residence, Hallmark/G. Scholl . 16. Minute Order 3022 awarding contract to William D. Young & Sons, for removal and disposal of Tamarisk 'Trees, (136) along the north side of Tachevah Drive, generally between Arquilla and Paseo de Anza, in amount of $6,000. Council Minutes 11-18-81 Page 16 CONSENT AGENDA (Continued) 17. Resolution 14052 approving amendment to Lease Agreement with P.S. Aero Squadron, revising property description, (51 ) granting 12-month extension for completion of certain construction, and increasing aircraft limit to nine aircraft. 18. Resolution 14053 approving Tentative Tract Map 15620, for property bounded by Stevens Road, Via Monte Vista, (137) W. Vista Chino and Via Sol - 7 lots, Hallmark/E. Marteka. 19. Resolution 14054 approving Tentative Tract Map 18077, for property on the SE corner of Stevens Road and (137) Kaweah Road - condominium conversion, KWL/T. Pelton. 20. Resolution 14055 approving forty-year lease agreement between City and Jimsair Aviation Services, Inc, for (51) 20.16 acres of land, effective December 15, 1981 . 21 . Resolution 14056 approving Claims and Demands. (86) 22. Minute Order 3023 authorizing purchase of stand-alone computerized word processing hardware and software from (69) Xerox Corporation in amount of 13,575.42 It was moved by Field, seconded by Beirich, and unanimously carried, that Resolutions 14047 through 14056 and Minute Orders 3021 through 3023 be adopted. 23. MORTGAGE REVENUE BONDS Recommendation: That the Council approve documents and forms pertaining to the City' s single-family housing mortgage revenue bond issue of 1981 . Housing Coordinator reviewed and presented the following: (85) Minute Order 3024, entitled: APPROVING WESTERN PACIFIC FINANCIAL CORPORATION FOR ORIGINATION AND SERVICING OF LOANS FOR THE CITY OF PALM SPRINGS MORTGAGE REVENUE BOND ISSUE OF 1981 . and Resolution 14057, entitled: OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE PRELIMINARY OFFICIAL STATEMENT PERTAINING TO THE CITY'S SINGLE FAMILY HOUSING MORTGAGE REVENUE BONDS, ISSUE OF 1981 , AND AUTHORIZING THE DISTRIBUTION THEREOF. and Resolution 14058, entitled: OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AND ADOPTING RULES AND REGULATIONS ESTABLISHING ELIGIBILITY CRITERIA FOR LENDING INSTITUTIONS AND RULES AND REGULATIONS ESTABLISHING ELIGIBILITY CRITERIA FOR MORTGAGORS IN CONNECTION WITH THE CITY'S HOME FINANCING PROGRAM. Council Minutes 11-18-81 Page 17 23. MORTGAGE REVENUE BONDS (Continued) and Resolution 14059, entitled: OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE FORMS OF DEVELOPER AGREEMENT, MORTGAGE SALES AND SERVICE AGREEMENT, AND INDENTURE IN CONNECTION WITH THE CITY'S HOME FINANCING PROGRAM. It was moved by Beirich, seconded by Rose, and unani- CONT'D mously carried, that Minute Order 3024 and Resolutions (85) 14057 through 14059 be adopted. 24. AFCOM/FREDRICKS DEVELOPMENT CORP. Recommendation: That the Council approve changes to the existing AFCOM lease arrangements for approximately 100 acres of land located on the northwest corner of Sunrise Way and San Rafael Drive, including separate substituted lease agreement and construction and develop- ment agreement between the City of Palm Springs and Fredricks Development Corporation. (85) Housing Coordinator reviewed the items proposed to be adopted, and in answer to question by Council , stated that should the accelerated construction scheduled be achieved, the base rent would be $3,600 per month; and that regarding Section 5.7 of the Construction Agree- ment, he stated that the developer would like to be able to renegotiate the price of the units , and did not want to be forced into a position of having to proceed if unusual circumstances were to occur, such being other than those .that may occur during the normal course of building. Resolution 14061 , approving the assignment from AFCOM Partners, Ltd. to AFCOM Mobilehome, Park Ltd. and the assignment of resold interest in the portion of the property to Fredricks Development Corp. from AFCOM and lease agreement and construction and development agreement with Fredricks Development Corp. , pre- sented, as recommended; after which, it was moved by Rose, seconded by Beirich, and unanimously carried, that Resolution 14061 be adopted. 25. FINAL MAP - TRACT 15638, 16384 AND PARCEL 17854 The following resolutions were presented: Resolution 14062, approving final map for Tract 15638 for property located on the SE corner of Barona and East Palm Canyon Drive, 3-lot subdivision for condo- miniums, Mainiero/H. Maxwell ; and (119 & Resolution 14063, approving final map for Tract 16384 137) for property located on El Mirador, between Mel Avenue and North Indian Avenue - Webb/E. sabic and" Resolution 14064, approving final map for Parcel Map 17854 for property located on the SW corner of Arenas Road and Sunrise Way, Goldrich Kest, et al . (PD 101 ) . Council Minutes 11-18-81 Page 18 25. FINAL MAP - TRACT 15638, 16384 AND PARCEL 17854 (Continued) It was moved by Rose, seconded by Beirich, and unani- CONT'D mously carried that Resolutions 14062 through 14064, be (119 & adopted. 137) 26. CULTURAL CENTER TASK FORCE Councilman Rose stated that he and Councilwoman Ortner had reviewed the names submitted by other members of the Council for consideration of appointment to the Cultural Center Task Force, and that the first choices of Councilmembers were considered, and they recommended the appointment of Burton Spivak, Henry Gordon, Anne Sutherland, Leon Slavin, Robert Fey, and Ray Patencio, ( ) Chairman of the Tribal Council . Mayor suggested that the Council consider those recommendations prior to discussing two other applicants for the seventh member. Councilman Field stated that he would vote no based on the fact that five to six applicants have been accepted by the subcommittee and he would favor a committee of five rather than adhering to the seven members originally approved in concept by the Council . It was moved by Rose, seconded by Ortner, and carried by the following vote, that the six named persons be appointed to the Cultural Center Task Force : AYES: Beirich, Ortner, Rose, & Doyle NO: Field ABSENT: None Councilman Rose stated that he favored the appointment of Alex Jablow based on his long-term residency, his profession as a CPA, and the fact that he has acted as Chairman of the former Mobilehome Rent Review Commission, and that he felt he was extremely well-qualified and believed he would bring a valuable background and impartiality to the Task Force. Councilwoman Ortner stated that she favored the appoint- ment of David Corkell and that his qualifications were reviewed at the last study session; that she felt he would address the issue objectively and analytically; and that she was not aware of any Council practice or policy that based selection of appointees on the first choice philosophy. Mayor stated that he agreed with the appointment of Alex Jablow. Councilman Beirich stated that it has been a past practice of the Council and a matter of courtesy tc a Councilmember to extend appointments to those people who were recommended as a first choice by a Council- member. He stated that he, too, supported the appoint- ment of Alex Jablow. Following discussion, Mayor, in taking a consensus of the Council , affirmed that Alex Jablow would be appointed as the seventh member of the Task Force. Council Minutes 11-18-81 Page 19 27. REPORTS & REQUESTS a) In answer to question by Councilwoman Ortner, Director of Community Development stated that the consideration of zoning for a 37-acre parcel on Ramon and Bogie Roads will be before the Planning Commission at its meeting of November 25, 1981 . b) Councilman Rose requested that staff report to the Council , at an appropriate time in the future, whether it is economically feasible to continue utilizing the chip seal program as an approach to maintaining streets in the future. c) In answer to question by Councilman Rose, Director of Community Development reported that he had contacted Hugh Kaptur relative to the E. F. Hutton Building at Tahquitz and Avenida Caballeros, and (131) that Mr. Kaptur indicated that he could not find appropriate lighting fixtures that would not detract from the sign and that it was his intention to remove plant material in front of the sign , in order to insure that the word "Building" is visible. d) In response to comment by Councilman Rose, staff was directed to determine whether rates and other services provided by Springs Ambulance Service to areas outside of the City are uniform with those provided within the City. e) Councilman Field requested that the Palm Canyon Land Management Report prepared by Ca1Po]y students be forwarded to the Council for review. f) Councilman Beirich suggested that the staff look into impact that the Trenchard Golf Course could have on the Municipal Golf Course. 28. PUBLIC REPORTS OR REQUESTS a) John Shoenberger, attorney representing 'Santa Barbara Savings & Loan, stated that the City staff has ruled that an appeal filed on behalf of Santa Barbara Savings & Loan relative to the McDonalds Restaurant action approved by the Planning Commission (116) at its meeting of October 21 , was determined to be untimely, and requested that the Council determine whether the appeal may be heard; that the appeal was filed 13 days after the Planning Commission action, and that it was the staff's position that the appeal had to have been filed within ten days from the date of the meeting; that the Ordinance is not clear in this respect, in particular, that an applicant has ten days from the time in which notice of the action is received in order to file an appeal ; that he believed that the appeal on behalf of Santa Barbara Savings & Loan was, in fact, timely; that no permits were issued prior to filing of the appeal ; that he would like the matter heard at the next Council meeting; that any building on the site should be suspended until 'the appeal is heard; and that this is not the type of action that the Planning Commission normally gives notice of hearing, however, the particular project has been followed on behalf of his client. ,fkY . S Council Minutes 11-18-81 Page 20 28. PUBLIC REPORTS OR REQUESTS (Continued) City Manager suggested that the City Attorney be directed to give opinion that would either sub- stantiate or negate the letter that was submitted; (116) and that any member of the Council wishing to hear the appeal may in fact direct that it be brought to the Council . Mr. Shoenberger stated that a building permit has been issued, but a sign permit has not been issued; and that the appeal relates to three points. In answer to question by Council , Director of Community Development stated that this matter was a legislative action before the Planning Commission concerning architectural design review of a facility already approved as part of an overall project; that the City staff has spent numerous hours with the attorney for Santa Barbara Savings & Loan and believes everything has been done to keep them apprised of the proceedings; that he believed the Planning Commission and City Council have been aware of Santa Barbara Savings & Loan' s position in the past; and that he would be reluctant to hold up the building permit. In response to comment by Council , Mr. Shoenberger stated that the question whether the issue is appealable has not been raised in the past, only that it was a question of timeliness. Mayor stated that the matter would be reviewed at the next study session and, if there are grounds for appeal , the attorney for Santa Barbara Savings & Loan will be notified. 29. STAFF REPORTS OR REQUESTS - None ADJOURNMENT Mayor declared the meeting adjourned for purpose of reconvening as the Community Redevelopment Agency; after which the Council reconvened, and there being no further business at 11 :35 p.m. , Mayor declared the meeting adjourned. 6JUDITH SUMICH City Clerk