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HomeMy WebLinkAbout1/6/1982 - MINUTES Q CITY OF PALM SPRINGS CITY COUNCIL MINUTES JANUARY 6, 1982 A Regular Meeting of the City Council was called to order by Mayor Doyle, in the Council Chamber, 3200 Tahquitz-McCallurn Way, on Wednesday, January 6, 1982, at 7:30 p.m. ROLL CALL: Present: Councilmembers Field, Ortner, Rose and Mayor Doyle Absent: None The meeting was opened with the salute to the Flag. COMMUNITY REDEVELOPMENT AGENCY : No business APPROVAL OF MINUTES: It was moved by Rose, seconded by Field, and unanimously carried, that the minutes of December 15, 16 and 23, 1981 be approved. PUBLIC HEARINGS: 1 . GENERAL PLAN STREET PLAN AMENDMENT - CORTEZ ROAD Planning Commission Recommendation: That the Council amend the General Plan Street Plan to delete Cortez Road as a collector street from North Palm Canyon Drive to Anza Road. Director of Community Development stated that considera- tion of the amendment came about as a result of a proposed project on the NE corner of Racquet Club Road and Palm Canyon Drive; that the Commisssion concluded that its (101 ) deletion was in the best interest of the City, was not necessary for overall circulation in the area, and would eliminate the potential for a diagonal street intersecting at Palm Canyon Drive. Mayor declared the hearing open. Richard Smith, Eisner-Smith Associates, 477 S. Palm Canyon Drive, representing property owners of proposed development, spoke in favor of the amendment, stating that deletion will eliminate a dangerous situation of an opening onto Palm Canyon Drive, as well as provide protection to the residential uses east of Palm Canyon by discouraging commercial traffic in that area. Robert Bert, Westar Development Co. ; Dr. Sam (unintelligible) and Sam Wilcox, each supported comments made by Mr. Smith, and urged approval of the amendment. There being no further appearances, the hearing was closed. In answer to questions by Council , Planning Director stated that there is a half-street dedication on the Ni of Cortez; that the street is not improved, although there are curb returns on Palm Canyon Drive; that the street is improved east of Anza and is used and accessible and is not part of the recommended deletion; and that eventually the property owner to the north would seek a vacation of the dedicated portion. Resolution 14094, approving the amendment as recommended, was presented; after which, it was moved by Ortner, seconded by Rose, and unanimously carried, that Resolution 14094 be adopted. Council Minutes 1-6-82 Page 2 2. P.D. 118 - E. GELMAN/REGENT INTERNATIONAL HOTEL Planning Commission Recommendation : That the Council approve planned development district for a 220-room resort hotel on the SE corner of East Palm Canyon Drive and Camino Real , including tennis court complex on the SW corner of Camino Real and Twin Palms Drive. Director of Community Development stated that there have been a number of hotel projects proposed for this site; that plans were previously submitted for this project, and then revised; that there may be some combining of units in the final development plans, and the number of rooms may be 200-220; that the issue of parking was discussed at the last study session; that the Commission recommended 330 spaces on the site; that the total require- ment is 457-474, depending on how the rooms breakout; that a 10% overall reduction has been requested, and in the final analysis, there could be a 100-car less parking requirement; that the staff has been studying parking requirements, and having not found any common standard in other cities, it will be necessary to develop the (116) background in terms of hotels and how they function in the City; that the proposed resolution has been revised to reflect an additional condition that final development plans will reflect a parking count consistent with standards currently under study; that the developer will have one-year in which to complete final development plans ; and that the parking study should be completed prior to that. time, and a finite number of parking spaces will be given to the Council . In answer to questions by Council , Planning Director stated that details concerning the tennis courts have not been presented, however, it was his understanding that only the main court would be lighted; that there would be 25-ft between the mobilehomes nearest the site and the tennis courts; that the main court is proposed to be sunken and lighting would not be as high as it would be otherwise; that property owners in the area were notified of the project and aware of the parking modifications, which consisted primarily of a deletion; and that there would not be any further public hearings, unless there were major modifications to the project. Mayor declared the hearing open. Tony Greenberg, architect -For the project, stated that the project is not shy 100 spaces from the current requirement; that they have deleted a certain number of meeting rooms, except the main banquet room, from outside use, and the 10% reduction plus the normal reduction for meeting rooms, makes the project comply with the present ordinance; and that they are agreeable to the additional condition , under the assumption that parking will not be increased from the current overall requirement. There being no further appearances, Mayor declared the hearing closed. 1Q' Council Minutes 1-6-82 Page 3 2. P.D. 118 - E. GELMAN/REGENT INTERNATIONAL HOTEL (Continued) In answer to question by Council , Director of Community Development stated that non-use of meeting rooms by outside groups would be a restriction on the hotel ; that Staff would like to develop standards which address meeting rooms, and whether to place such conditions on projects ; that, at this point, it is possible that more than 330 spaces could be required; that it is expected that there may be a decrease from the 457, but perhaps an increase from the 330; and that without factors on which to make that decision, it would only be best estimates as to the requirement, and nothing has been stated that Staff will be looking at reducing the requirement below the 330. Councilman Rose stated that discussions with the CVB indicates that the number of enplaning and deplaning airline passengers is no longer a measure of room tax increases or decreases, since the number of passengers is down, yet room tax is up; that there seems to be a new element involved, and it may be that if people are renting cars and keeping them CONT 'D here during their visit, that the trend of fewer (116) cars is being reversed, which should be kept in mind. Mayor stated that he recognized that every hotel is different and circumstances vary in terms of the services provided, which appears to have an effect on the amount of parking space required, and adds to the difficulty of arriving at an equal application; that he was hopeful that information will be generzJted which will result in an ordinance that requires sufficient parking, without being excessive; and that the additional condition proposed allays some of his concerns, recognizing that the parking may go down, but that such is not necessarily the case. Councilman Field stated that he thought the project was we'll-thought out and he would like to see it come to fruition; that the surrounding residents have been heard and their concerns modified; and that he hoped the parking resolution comes about, bui-, that notwithstanding, he would like to see the project developed. Resolution 14095, approving the planned development district, as recommended, including additional condition, was presented; after which, it was moved by Field, seconded by Ortner, and unanimously carried, that Resolution 14095 be adopted. Council Minutes 1-6-82 Page 4 PUBLIC COMMENTS : a) Ed Kibbey, 174 N. Palm Canyon Drive, expressed strong concerns regarding the parking of vehicles on Calle Encilia, including blocking of the intersection at Andreas Road, in connection with the event held this date at the Sheraton Plaza Hotel ; lack of a cooperative response from the hotel to correct the problem; need for calling the police; and expectation that such would not occur again. LEGISLATIVE ACTION : 3. SCHOOL IMPACT MITIGATION FEE Mayor reported receipt of request by the School District to continue this matter to January 20, 1982; after which, (114 ) it was moved by Field, seconded by Ortner, and unanimously carried, that this matter be continued as requested. 4. COMPREHENSIVE FEE SCHEDULE - AMENDMENT RE PAVILION (RENTAL Recommendation : That the Council amend the Comprehensive Fee Schedule to reduce fees charged for rental of the (114) Pavilion to organizations meeting during non-peak morning hours of operation, and revise the discount rental policy statement to delete the word "creed. " Community Services Planner reviewed his report, detailing the above recommendation, noting that the word "creed and "religion" are synonymousand it was an oversight in not recommending its deletion at the time the Council deleted "religion. " Councilman Rose stated that he opposed the deletion of both sex and religion from the policy statement on the basis that to do so would be discriminatory, and that he would oppose the recommendation to delete "creed" for the same reasons ; and that he was not opposed to -the fee portion of the amendment. Resolution 14096 was presented, approving the amendment as recommended; after which, it was moved by Doyle, seconded by Ortner, and carried by the following vote, thatt. Resolution 14096 be adopted: AYES: Field, Ortner & Doyle NO: Rose ABSENT: None 5. P.D. 89 & TRACT 15049 - TIME EXTENSION Planning Commission Recommendation: That the Council approve one-year time extension for Planned Development District 89 and Tentative Tract Map 15049 for industrial condominium (1371& project on Ramon Road, between Crossley Road and San Luis Rey - G. Knutson. Director of Community Development reported receipt, of letter from the applicant, a copy of which is on file in the Office of the City Clerk, indicating intent to develop alternative solution to the flood control design proposed by the master plan, and requesting approval of the extensions. He stated that the recommendation of the Commission stands, i .e. , imposition of drainage fees. 39�' Council Minutes 1-6-82 Page 5 5. P.D. 89 & TRACT 15049 (Continued) In answer to questions by Council , Director of Community Development stated that the master plan is not a detailed improvement plan; that the applicant intends to attempt to work with adjoining owners/lessees in arriving at a CONT'D solution to retain water on the site, which he has the (11G & ability to do; and that if alternate solutions are developed, which results in a lesser drainage fee require- 137) ment, then any excess in the differential would be refunded to the developer. Resolution 14097, approving the extensions, as recommended, was presented; after which, it was moved by Rose, seconded by Ortner, and unanimously carried, that Resolution 14097 be adopted. 6. ZONING CASE 5.0203 - CITY OF PALM SPRINGS (Ordinance Introduced 12-16-81 ) City Clerk read title of Ordinance 1154, as follows : AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY REZONING FROM R-1-C AND W-R-1-C (149) to R-1-AH AND W-R-1-AH FOR PROPERTY LOCATED ON THE NORTH SIDE OF ESCOBA DRIVE (EXTENDED) , 200 FEET EAST OF DESERT WAY, SECTION 19. It was moved by Field, seconded by Ortner, and unanimously carried, that further reading be waived, and that Ordinance 1154 be adopted. 7. MEMORANDA OF UNDERSTANDING - POLICE, FIRE AND GENERAL UNITS Recommendation : That the Council approved Memoranda of Understanding with the General , Police and Fire Units, details of which were reviewed in the last study session. City Manager expressed appreciation to the Assistant City (110) Manager, Personnel Manager, and Chief Auditor, as well as unit representatives, who put in a lot of hours in a good faith effort in arriving at understandings in the interest of the employees and the City. He stated that the City has fallen behind in some areas in terms of competing with other public agencies and the increases, the bulk of which will take effect July 1982, with minor increases now, will be a step toward returning the City to its previous comparable position. Mayor stated that the Council was aware of the progress and parameters of the negotiations, and that he supported approving the Memoranda of Understanding. Resolution 14098 was presented, approving the three Memoranda of Understanding; after which, it was moved by Field., seconded by Ortner, and unanimously carried, that Resolution 14098 be adopted. t Council Minutes 1--6-82 Page 6 CONSENT AGENDA: B. Minute Order 3040 awarding purchase of a modular pool (11S) blanket system to Recreonics 'Corporation, in amount of $10,120.64. 9. Resolution 14099 approving Tentative Tract Map 18288 for, (13,7) property on West Vista Chino, between Kaweah Road and North Palm Canyon Drive - 4 units, Hacker/Volley Investments. 10. Resolution 14100 designating the intersection of Camino (130) Mirasol and Via Las Palmas as a stop intersection with Camino Mirasol required to stop at Via Las Palmas. 11 . Resolution 14101 designating the intersection of Andreas (130) Road and North Belardo Road as a stop intersection with Belardo Road required to stop at Andreas Road. 12. Resolutions 14102, 140103, 14104, 14105 and 14106 approving (86) Payroll Warrants and Claims & Demands. 13. , Minute Order 3041 awarding purchase of a one-half ton light- (84) utility pickup truck to Marshall Datsun, Inc. , in amount of $7,107.30. 14. Minute Order 3042 awarding purchase of 2 parking control (84 & vehicles to Electric Car Distributors, in amount of $12,893.52; 61 ) and Resolution 14107 amending the budget to appropriate $2,194 to provide necessary additional funds. 15. Resolutions 14108, 14109, 14110, 14111 , 14112, l4.113, and 14114 (56) and Minute Order 3043, designating persons to perform various duties, adopting proposed boundary map, declaring intention, passing on report and setting hearing for March 3, 1982, referencing wage scale and calling for bids, calling for bond bids, setting hearing on eminent domain proceedings for March 3, 1982, and approving City contribution for two- lane bridge, respectively; all as relate to Assessment District 138. It was moved by Rose, seconded by Field, and unanimously carried, that Resolutions 14099 through 14114 and Minute Orders 3040 through 3043 be adopted. 16. FINAL PARCEL MAP 18163 AND FINAL TRACT MAP 18288 Resolution 14115, approving Final Parcel Map 18163 to com- bine property on El Portal west of Palm Canyon Drive, (119) Webb/R. Bukich; and Resolution 14116, approving Final Tract Map 18288 for property on the SE corner of Kaweah Road and Vista Chino, (137) Hacker/Volley Investments. It was moved by Rose, seconded by Field, and unanimously carried, that Resolutions 14115 and 14116 be adopted. 17. COMMISSION APPOINTMENTS It was moved by Field, seconded by Doyle, and unanimously carried, that the following persons be appointed to the Steering Committee for the Citizens Participation Project: Lou Cafarelli (Citizens & Merchants Association) , Ken (133) Parker (Chamber of Commerce) , Steve Platt (DDAC) , Mayor of Palm Springs, Larry Pitts, Don Lawrence, Jim Hicks, David Corkle, and Charles Greenstone. Q(� Council Minutes 1-6-82 Page 7 REPORTS & REQUESTS: 18. CITY COUNCIL reports or requests a) Rent Control Application to Indian Lands : Mayor stated that rent control initiative petition was circulated and approved by the voters; that the Tribal Council is requesting that the Council modify the ordinance to negate any imposition of rent control on Indian Trust Lands, and if it did not wish to (83) do so, that there would be chance of individual lawsuits against each Councilmember; and that at the closed session, January 5, 1982, it was determined that each Councilmember would state their own individual views, rather than directing staff to prepare any formal documentation for Council consideration. Councilwoman Ortner stated that she believed the law should be followed, and would not want to be part of something that would interfere with that process; that there is the ordinance adopted by the voters on one hand, and Federal statute on the other hand which seems to be contradictory, and that the decision as to which shall prevail is one that should be made by a court and not the City Council ; and although there has been much publicity about rent control in Palm Springs and Rancho Mirage, it should be recognized that only Palm Springs has an agreement with the Indians which can influence any decision that might be taken on rent control . Councilman Field stated that only a court should show that an initiative of the voters should be rendered null and void; that the voice of the community came through clearly at the polls, and he would not be comfortable overriding a decision of the voters; that if the court so ordered it, then he would be guided by that decision; and that he would opt to do nothing at this time. Councilman Rose stated that the legal issues are complex; that he did not think that the Tribal Council or the courts would recommend that the initiative is invalid, but perhaps not applicable to certain lands; that he did not see the matter as a legal issue, but one of attitude; that in reading the letter from the Tribal Council , although perhaps ill-chosen in some language and perhaps not intended, threats or intimidations can be seen, i .e. , that there can be actions against individual Councilmembers unless the Council does that which it is being requested or demanded to do, and he did not see this as the way for two councils have equal responsibility to act; that he was concerned about the number of appeals from City Council actions which have gone to the Tribal Council , each of which has been overruled and some of which he believed were totally erroneously overruled by the Tribal Council , and he believed the latest appeal will result in the same overruling; that he believed the intimidation is directed to the City Council by the Tribal Council , and he was concerned at having reached this point; that the initiative process included members of the Tribal Council , individual Tribe members, and others in the community, and he was concerned that the Tribal Council would want to disregard that; that the Tribal Council has raised issue of discrimination in the past, and whether that is true, this appears to be reverse discrimination, because actions are being taken which are totally not in the best interest of the 02 Council Minutes 1-6-82 Page 8 '18. COUNCIL reports or requests (Continued) a) Rent Control Application to Indian Lands (Continued): people in Palm Springs ; that he felt the Tribal Council has reached the point of looking for the interests of a small proportion of the people's interest and not the people in general and perhaps the time has come to question whether it still makes sense to have a contractual relationship with an CONT 'D organization that is not looking out for the best (82) interest of all of the people, and perhaps this question should be addressed openly with an opportunity for the public to give input; that overbuilding in terms of density and the number of units is not in the best interest of the city, yet it appears to be moving in that direction; that perhaps it is time to query whether the contract is fair to both sides, but, in particular, fair to the side of the City Council ; that he agreed that there should not be any action to the letter; and that the decision is simply not one of legal action, because, 'based on what the City Attorney has indicated and case law presented, the City Council could make that type of quasi-judicial decision itself, but because of the magnitude of the issues implied and included, no action is the best procedure because it forces the Tribal Council to decide whether to oppose the desires of the community, and if it will be a good neighbor and participant in a decision, i .e. , the initiative decision, which was based upon the needs of all of the people in Palm Springs. Mayor stated that the circulators of the initiative ordinance wanted it adopted by the City Council , but the Council determined that it was a major enough issue that the voters should made the decision whether to make it a part of the laws of the City; that the community overwhelmingly supported the ordinance in the moderate form in which it was proposed, which established limits and prescribed that it did not apply to new construction; that he did not, personally, favor rent control , but it was to be, then this was probably the most palatable that could be expected; that the Council has an obligation to honor the choice of the voters; that he, too, has concerns about the agreement with the Tribal Council ; and that the best posture for the City Council would be to do nothing, and if it becomes necessary to go to court, then so- beit, which is the perogative of the Tribal Council if it chooses to act in that regard. No action taken. b) Councilwoman Ortner stated that a suggestion was made and she would like staff to determine feasibility of using sewer effluent to compact land fill for construction sites, rather than water from DWA hydrants. c) Councilwoman Ortner requested staff investigate availability (143) of taxi telephone service at the Airport. Council Minutes 1-6-82 Page 9 18. COUNCIL reports & Requests (Continued) d) Councilwoman Ortner stated that she believed relationships between the City Council and Tribal Council , and their respective staffs,have improved and she was hopeful that the harmony would continue. e) Councilman Rose requested that proposed water-slide project come before the Council at an early date. f) Councilman, Rose stated that minutes of the Chamber of Commerce Hotel Committee were misleading, and it should be understood that the Airport and CVB have been involved in trying to improve air service, in particular, the airfare differential for cross-country flights. g) Councilman Rose stated that Community, Ser,vices .sta.tistical reports, published monthly, do not reflect sensible rationale for increases or decreases, and encouraged more care in preparing the reports. h) Councilman Rose stated that he shared concerns e;cpressed by Mr. Kibbey (above public comments) regarding parking at the Sheraton Plaza, and having the, parking a block away, makes valet;'parking ,di,fficult ,and an ,unfortunate solution. i ) Councilman Rose stated he was anxious to ,get the process going regarding ambulance service, and requested staff input as to validity,of the, approach previously suggested. j) Councilman Rose stated ,that h,e, would not like to see the pool at the Swim Center heated if only fourteen people are going to use it. k) Councilman Field commended the Mayor for State-wide award to be presented to him January 14,, 1982. 1 ) Mayor requested update on taxicab license agreement (143) status,, in particular, whether number, of cabs to be provided by January, 1 , 1982 has been met. m) Mayor commended Finance Director for his election to . the Board of Directors of the California Society for Municipal Finance Officers Association.' n) Mayor noted that the Council will be reviewing City Manager performance and salary at the next (61 ) study session. 19. PUBLIC reports or requests - None 20. STAFF reports or requests a) City Manager recommended that the Council adjourn to meet in study session with the Planning Commission on January 11 , 1982, and thereafter adjourn to Tuesday, January 12, 1982, to review proposed agreement with Pacific Express. ADJOURNMENT There being no further business, Mayor declared the meeting adjourned to Monday, January 11 , 1982, at 6:30 p.m. , in the Spa Hotel , Crest Room, to meet with the Planning Commission; said meeting to thereafter be adjourned to Tuesday, January 12, 1982, in the Large Conference Room, City Hall , at 3 p.m. JUDITH SUMICH City Clerk