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HomeMy WebLinkAbout4/5/1989 - MINUTES J4 CITY OF PALM SPRINGS � - CITY COUNCIL MINUTES APRIL 5, 1989 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Pro Tem Apfelbaum, in the Council Chamber, 3200 Tahquitz-McCallum Way on Wednesday, April 5, 1989 at 7:30 p.m. ROLL CALL: Present: Councilmembers Broich, Foster, Neel and Mayor Pro Tem Apfelbaum Absent: Mayor Bono REPORT OF POSTING OF AGENDA: Report of City Clerk: Agenda was posted in accordance with Council policy on March 31, 1989. A supplemental agenda was posted regarding Commission appointments. PRESENTATION: Spring Games representative stated that the West Coast had beaten the East Coast 10 out of 19 events; that a (74) gift of equipment was delivered to the Parks and Recreation Department, and he thanked the Mayor and the Council for all their cooperation. APPROVAL OF MINUTES: It was moved by Broich, seconded by Foster, and unanimously carried, that the Minutes of February 15, March 1, 15, 21 & 28 1989 be approved. PUBLIC HEARINGS: 1. PM 24146 - TENTATIVE MAP - HOME FEDERAL S&L Recommendation: That the Council approve a tentative parcel map to divide approximately 21.43 acres into two lots on the NE corner of Indian Avenue and Vista Chino. Director of Community Development reviewed the staff report ( 119) given in detail at the last study session, and added that the open space and parking requirements had changed since the parcel map was first approved in 1977, and that all requirements have been met. Mayor pro tem declared the hearing opened. a) Richard Herman, 325 Via Escuela, stated that he owned a condominium next to the tennis courts of this project; that the area is zoned R-3 that allows three-story hotels, that his bedroom overlooks the tennis courts ; and that he is concerned what will be built there. Mayor declared the hearing closed. Resolution 16720 approving tentative map as recommended, was presented; after which, it was moved by Broich, seconded by Neel , and unanimously carried, that R16720 be adopted. Council Minutes 4-5-89 Page 2 1(13 2. CUP 5.0501 - BEN PERRY - TENNIS COURT LIGHTS Consideration of Council appeal of Planning Commission denial of tennis court lights at 2441 Southridge Circle, (78) Ben Perry, Section 25. Mayor pro tem stated that the appeal was submitted by Mayor Bono, and she moved to continue the item to the next regular meeting upon the Mayor' s return. Councilmember Foster stated that someone might be present regarding this item. There were no appearances. It was moved by Broich, seconded by Foster, and unanimously carried, that the hearing be continued to the next regular meeting. 3. PD 200 - TM 24347 (TENTATIVE MAP) - VACATION INTERNATIONALE Recommendation: That the Council approve a planned development district, and tentative tract map, to convert 66 units to time share for the Oasis Water Park and Resort (formerly Cherokee Village) at 4190 E. Palm Canyon. (116) Director of Community Development reviewed the staff report given in detail at the last study session and added that the City Attorney had revised the resolutions concerning TOT tax administration ; that the Planning Commission recommended approval , that there are 180 units operating as a resort under the current CUP, that the PD will allow the time shares, that the 66 time share units proposed will be a transient use, that Vacation international proposes selling points, that these points allow you to stay at various locations, and the Tribal Council also supports the proposal . City Attorney stated that a minimum modification of language of the Resolutions concerned the last sentence clarifying the applicant will collect and remit the TOT, and that the designation of time share in this project might permit if sold a loss of time share status; however it could remain. Mayor declared the hearing opened. Bonnie Garland Guss, of Schlecht, Shevlin and Schoenberger, attorney representing Vacation Internationale and Oasis Water Park, Resort and Villa 's requested a continuance based on issues that were raised at the last study session; and stated that the Tract Map is necessary for implementing the Planned Development District, that there are benefits to the City, i .e. , a higher rate of occupancy, a higher rental rate, more visitors, more economic value to the City, and a better guarantee as to the use of the property; that it would not open the market for time shares; that condominiums do not sell well ; and that there are no plans to expand past the proposed 66 units, and if expansion was desired, it would be at Council 's discretion. Council Minutes 4-5-89, Page 3 PUBLIC COMMENTS (Cont) Landom Estepp, 1416 1016th NE. Bellevue, Washington , Vice-President and General Counsel for Vacation Internationale, stated that despite adverse publicity of time share business, Vacation Internationale was formed in 1974 and is a mature and successful company; that it has 16 resort locations, none in California; that the marketing techniques used by Vacation Internationale are in the form of mini-vacations; that preliminary accommodations were made with the Gene Autry Hotel to use rooms for any overflow of people coming to view the time shares; that the project is compatible with the general tourists of Palm Springs; that the conditions for the payment of the TOT is agreeable; that negotiations are being made to pay the tax in advance; that it is difficult to transfer title of the time shares; that Vacation Internationale places all property titles in a debt-free trust; that the only way the title can be removed is by decision of the Board of Directors; that the other properties owned by Vacation Internationale are 87% occupied; that there is no foreseen incompatibility with resort activity now in Palm Springs, that the project would compare with the Marriott in Palm Desert; and that the entire Council should review the proposed plan, and he asked for continuance. Dan Evans, General Manager of Oasis Water Park, Resort and Villa Hotel , stated that the Resort Villa hotel was unsuccessful as a condominium and hotel venture; that his company had taken over in 1987; that $300,000 in TOT was paid in 1988; that the operation has been more efficient; that Vacation Internationale could improve publicity and marketing; that if the proposal is not passed, the Resort Villa will be in trouble; that, with 180 units, there is alot of overhead; that, if the time share is granted, the remaining units will be used more effectively at an increased pace, that the if the project is not approved, consideration will be given to selling the units individually; that the proposed project is a good one; that Vacation Internationale has a low-key sales presentation; and he asked for a continuance, until the entire Council was present. Motion by Councilmember Neel to continue the item to the next regular meeting failed due to lack of second. Mayor pro tem declared the hearing closed. City Manager stated that the proposal is a "use" type of time share, securing the City' s interest in the TOT; that the use and location is critical for a time-share in that the project would have little impact on surrounding areas; and that if the survival of the hotel is contingent on selling of the units to Vacation Internationale and the item is not approved, the General Fund would be impacted. Council Minutes 4-5-89, Page 4 ; 2. PD 200 - TM 24347 - VACATION INTERNATIONALE (Cont) Councilmember Neel moved to approve the PD and TM. Councilmember Broich questioned abstaining on the item due to his company sales to the resort. City Attorney stated that if the amount was less than $250. received or promised, abstaining would not be required. Councilmember Broich seconded the motion. Councilmember Foster stated that time shares normally use high pressure selling tactics; that the companies will go to any length and use any gimmick to sell , that getting money back from a time share is next to impossible, that there is no guarantee that the entire hotel will end up going totally time share, that time-shares generate less TOT than a hotel room, that the Council is compromising its values keep Oasis in business, that the R-G-A-8 zone does not allow for time share units, that this would be an exception and that the Council should not be setting precedence. Assistant Director of Finance stated that the total amount of property tax from time share is greater when compared to the same units room tax; that overall room tax will probably bring in 20% less, but with the increased property tax the end result will be a higher rate of monies for the City. City Manager stated that the Assessor will re-evaluate the property once it is sold; that the value is higher if it is a fully-sold time share and, in addition, a time share property is figured at a higher rate than a hotel . Councilmember Broich stated that there are empty condominium units; that Oasis has the ability to bring tourist to the area by selling package deals; that if the proposal is not passed, the City stands to lose a large amount of TOT. Mayor pro tem stated that the project would set precedence for a "quick-fix" for hotels. Motion to approve the Planned Development District and The Tract map failed to carry by the following vote: AYES: Councilmembers Broich and Neel NOES: Councilmember Foster and Mayor pro tem Apfelbaum ABSENT: Mayor Bono City Attorney stated that if the tie vote occurs with less than full Council present, the item will automatically continue to the next meeting, unless otherwise ordered. Item continued to the next meeting. PUBLIC COMMENTS: a) Dr. Louis Friedman, 3200 E. Baristo Rd. Apt 117, stated that the City should pass an ordinance concerning the banning of gun replicas. Council Minutes � 4-5-89, Page 5 b) George Goldberg stated that allowing RV' s, establishing a Municipal RV Park would benefit the City; that Beverly Hills does not have a problem with that idea; and that he is still being harassed by the City' s Zoning Enforcement Officers. c) Ariska Fairchild, 221 Merito Place, thanked the Police Chief for a police escort during Spring Break, and commented on her experience in getting home during one evening of Spring Break. d) Assessment District Funds: Ray Olsen, 2775 Cardillo, stated that Item 10 concerned an excess for assessment district. funds, and that the monies should go to the appropriate parties. Jeremy Crocker, stated that assessment districts are primarily funded by bonds secured by the properties; that before the district is funded, a municipality prepays the salaries of the employees who prepare the district, later reimbursing itself from the bond proceeds; that the principal contract outlays are for construction and engineering; that at the last study session, the issue was raised concerning fringe benefits not being reimbursed; that throughout the City budget, the code for personnel services that reflects salary, overtime, retirement, and benefit entries was used for three other assessment districts, and asked why it was not this one; and he questioned how much money was actually left in the fund, and who it actually belongs to. Director of Finance stated that Mr. Crocker was correct in most of what he stated, but that salaries are charged to the general fund; that the fringe benefits were not included with the original charges; that even with adding this additional money to the City's cost, there is a balance of $2,000 short, of breaking even, that Conrad & Associates, has audited and validated the accounts; that in the past, if money remained in the construction fund it was given back to the homeowners; that he had received numerous calls and letters and has explained the process of funding an assessment district. Philip Arbanot, 2669 Baristo, stated that he had contacted the Director of Finance and did not get his questions answered. Mayor pro item asked that any person who had questions regarding Item 10, or assessment districts, to confer with the Director of Finance in the lobby of the Council Chambers. LEGISLATIVE ACTION: 4. AIRPORT TERMINAL - CUSTOMER CONVENIENCE FAX MACHINE & BAGGAGE CARTS Recommendation: That the Council approve agreements with (51) FAX Cart Services-Los Angeles, Inc. , for baggage cart system; and Faxplus Corporation for public pay phone/FAX machine in the Airport Terminal . Council Minutes 4-5-89, Page 6 4. AIRPORT TERMINAL - FAX MACHINE & BAGGAGE CARTS (Cont) Director of Aviation & Energy highlighted staff report given in detail at the last study session, no further report was given. Minute Order 4332 approving LAX Cart Services A#2693, and Minute Order 4333 approving FAXplus A#2694, as recommended; were presented; after which, it was moved by Broich, seconded by Foster, and unanimously carried, that M04332 and 4333, be adopted. 5. MASTER PLAN STUDY FOR GREATER DOWNTOWN - CONSULTANT Recommendation: That the Council approve a "Scope of Services" proposal with Robert F. Jani Productions for (50) the development of a preliminary master plan study for the greater downtown area; and appropriate funds therefore. Mayor pro tem stated this item would be continued to the next regular meeting. 6. MARKETING CONSULTANT Recommendation: That the Council approve an agreement with Lucas Consultants Inc. , relating to marketing the "Palm Springs Product," effective March 1, 1989, for a (50) total cost of $23,000; and appropriate $11,000 in 1988-89, with remainder to be budgeted in 1989-90. Assistant Director of Community Promotion & Services highlighted the staff report given at the last study session and added that Lucas & Associates were first introduced in a seminar, October 1988, that this firm was unique in that it is capable of developing and implementing ideas; that monies would have to come out of the general fund, although the project would be financed out of Community Services and Promotions Funds the next fiscal year; and that an account is kept on all money from the General Fund used for promotional activity. Resolution 16721 approving Agr #2688 with Lucas & Associates, and Resolution 16722 amending the budget were presented; after which, it was moved by Broich, seconded by Foster, and unanimously carried that R16721 and 16722 be adopted. 7. ORDINANCE REINTRODUCED FOR FIRST READING Planning Director stated the the display of tennis lights which were viewed by the Council were lower in height, and in smaller wattage than those allowed in the proposed ( 103) Ordinance. Mayor pro tem stated that the 16 feet is too high, and that baffles would be needed. It was moved by Councilmember Foster to amend the proposed Ordinance to restrict the number of light fixtures to five on each side of the court, no higher than twelve feet so that the light beam does not extend beyond the subject property, and lighting levels at the property line are limited to not more than one foot candle above the ambient light level ; said motion was seconded by Apfelbaum, and unanimously carried, and the amended Ordinance was re-introduced for first reading. Council Minutes 4-5-89, Page 7 8. URGENCY ORDINANCE - ABANDONED VEHICLES FROM PRIVATE PROPERTY Recommendation: That the Council adopt an urgency ordinance ( 103) to provide for the removal of abandoned or inoperative vehicles from private property. Director of Community Development reviewed the staff report given in detail at the last study session, and no further report was given. Assistant City Clerk read title of Ordinance for adoption as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING SECTION 11.80. 130 OF THE PALM' SPRINGS MUNICIPAL CODE TO DELETE THE REQUIREMENT THAT A VEHICLE NOT BE DISMANTLED OR DESTROYED FOR 30 DAYS AFTER REMOVAL FROM PRIVATE OR PUBBLIC PROPERTY AS A PUBLIC NUISANCE. after which; it was moved by Neel , seconded by Foster, and unanimously carried, that further reading be waived, and that Ordinance 1330 be adopted. ADDITIONAL LEGISLATIVE ITEMS: 9A. COMMISSION APPOINTMENTS It was moved by Broich, seconded by Foster, and unanimously carried, to continue this item to an adjourned regular meeting on April 11, 1989. CONSENT AGENDA: 10. Res 16723 approving the closing and eliminating of three (56) assessment district construction funds, which are no longer required; and transferring the remaining balances to the General Fund. 11. Res 16724 amending the budget to appropriate funds for vacation (86) and sick leave payouts, and Res 16725 deleting Medicare tax payments. 12. Res 16726 and Res 16727 approving pass-through agreements ( 124) concerning PA9, with DWA and RCFCD - See CRA items above, Agr #2689 and 2690, respectively. 13. Res 16728 amending the Allocated Position & Compensation Plans (61) to accommodate reorganization of the Building Division "in the Community Development Department. 14. MO 4334 approving an agreement with Gouvis Engineering for (118) overflow engineering plan check services, at a rate of $60 per hour - Agr #2691. 15. Res 16729 approving Claims & Demands. (86) 16. Res 16730 approving agreement with the CUP for one Palm Slprings police officer to attend the California Highway Patrol Vehicle ( 113) Theft Investigation Course (costs reimbursed under P.O.S.T. Plan I) - Agr #2692. Council Minutes 4-5-89, Page 8 2 F3 8 _ CONSENT AGENDA (Cont) 17. MO 4335 approving a restatement of the Triangle Publications Hangar lease under corporate name JBAir Corporation; terms (51) and conditions of original lease remain the same. A#2695. 18. Motion approving appointment of Joseph M. Nacinovich to the (60) City's Deferred Compensation Advisory Committee (replaces Vern Tave). It was moved by Foster, seconded by Broich, and unanimously carried, Neel abstaining on item 10, that R16723 through R16730 and MO 4334 through 4335 be adopted. ADDED STARTERS: None REPORTS OR REQUESTS: DEPARTMENTAL REPORTS - Received & Ordered Filed a) Treasurer's Monthly - January, 1989 ( 121) CITY COUNCIL reports or requests - None PUBLIC reports or requests - None STAFF reports or requests - None ADJOURNMENT There being no further business, Mayor pro tem declared the meeting adjourned to Tuesday April 11, 1989 at 3 p.m. , in the Large Conference Room, City Hall . JUDITH SUMICH ZCity'Cler PATRICIA SANDERS Assistant City Clerk