HomeMy WebLinkAbout4/11/1989 - MINUTES �t3 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
APRIL 11, 1989
An Adjourned Regular Meeting of the City Council of the City of
Palm Springs, California, was called to order by Mayor Bono, in
the Large Conference Room, City Hall , 3200 Tahquitz-McCallum Way,
on Tuesday, April 11, 1989, at 3 p.m.
ROLL CALL: Present: Councilmembers Apfelbaum, Broich, Foster,
Neel and Mayor Bono
Absent: None
REPORT OF POSTING OF AGENDA:
Report of City Clerk: The agenda was posted in accordance
with Council policy on April 7, 1989.
HEARING:
1. P.D. 200 - TM 24347 - VACATION INTERNATIONALE
On April 5, 1989, the Council continued hearing on (116)
recommendation to 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 - no further staff report
was given.
Mayor inquired if anyone wished to be heard.
Bonnie Garland Guss, attorney representing the applicant,
stated that there are benefits to the City, which were
previously discussed, and asked what were the concerns
of the Council .
Mayor stated that he listened to the tape recording for
the meeting, and the issues related to the type of sale,
and whether it is an offensive, or hardcore, program.
Bob Byrnes, President of the Company, stated that industry
has had unsavory practices, but the plan for this project
has been outlined, and there will not be any street
solicitation; that applicants will be pre-screened, and
the presentation will extend over three nights; and that
he talked with individual Councilmembers to explain the
proposal .
In answer to question by Council concerning payment of
the T.O.T. under protest, Mr. Estepp, General Counsel ,
for the applicant, stated that the Planning Commission
minutes accurately reflected his statement, and explained
that if the decision of pending litigation is a
determination that the tax is not applicable to time share
companies, he would anticipate seeking a refund of the
tax, and the Assistant Director of Finance has said that
refunds might have to be made, depending on the court
decision, regardless of whether paid under protest; that
they intend to follow the law and pay the tax, and to
follow whatever the decision is; and that he understood
the likelihood of that case affecting the proposed project
to be somewhat remote, because it is not a deed time share
plan as are all parties in the lawsuit.
Council Minutes
4-11-89 Page 2 _f
1. PD 200 (Continued)
City Attorney stated that the Counsel recognizes that
the case in question deals with only the estate type of
time share, and arguments made in the litigation deal
with the fact that parties claim to be owners of the
property and that they are being double taxed:, and he
explained the difference under State Law between the estate
and use time share.
Both the City Attorney and the Assistant Director of Finance
explained, in detail , how the room tax would be computed
for this project, which is complicated, but not
insurmountable.
Mr. Hazelrigg stated that the project occupancy rose from
18% last year to 46% this year; and is projected at 64%;
and stated that time is critical , and asked for action.
There were no further appearances, and the hearing was
closed.
Councilmember Foster stated that he is concerned about
breaking down the down, and the rationale that a hotel
is having difficulty operating as such, and 'then going
time share; that he questions if it will cause other hotels
to do likewise, or something else in order to create more
activity in the hotel ; that he would like to discuss the
matter more with the City Attorney, and establish
guidelines.
Mr. Brynes stated that the success of time shares is in
condominiums and not in hotels; and he agreed that they
should not get out of hand, however, the applicant is
taking a positive approach.
Ms. Guss stated that the application process was followed
at the suggestion of the Planning Director.
Councilmember Foster stated that he has a problem in that
the RGA8 zone does not allow time share, and once it
is permitted, he would find it difficult to deny others
the same use, which he thinks will breakdown the zone.
Councilmember Broich stated that the proposed site is
a condominium style, not a hotel , which sets it apart
from other hotels.
Resolution 16731 and 16732 as recommended, were presented;
after which, it was moved by Broich, seconded by Neel ,
and carried by the following vote, that R16731 and 16732
be adopted:
AYES: Apfelbaum, Broich, Neel & Bono
NO: Foster
ABSENT: None
A Council Minutes
4-11-89 Page 3
2. EASTER WEEK - FUNDING OF CONTRACTUAL LAW ENFORCEMENT FOR SPRING
BREAK
Recommendation: That the Council approve an expenditure (113)
of $176,759 for contractual services from the Riverside
County Sheriff' s Department, and the California Highway
Patrol ; services were used to augment, and support, the
Police Department during Spring Breaks.
Police Chief stated that the services were budgeted, and
the authorization for expenditure of the funds is needed.
MO 4336 and 4337 authorizing agreements, as recommended,
A#2696 and 2697, were presented; after which, it was moved
by Broich, seconded by Foster, and unanimously carried,
that MO 4336 and 4337 be adopted.
3. COMMISSION APPOINTMENTS
Mayor announced his appointment of the following persons (60)
to the Palm Springs Visitors & Promotion Board:
250+ room hotel - Paul Hornyak, 6-30-90
150-249 rooms - Alan Ayres, 6-30-92
51-149 rooms - Philip Lotz, 6-30-90
1 - 50 rooms - Bob Whitehorn, 6-30-91
Retail/Restaurant - Steve Rosen, 6-30-91
Chuck Murawksi , 6-30--92
Kurt Handshuh, 6-30-91
Tourism Involved - Mort Golden, 6-30-90
Gary Walker, 6-30-92
Council - Tuck Broich, 6-30-91
Sonny Bono, 6-30-92
Councilmember Apfelbaum stated that the persons suggested
are, individually, outstanding but, as a group, do not
represent the tourist, financial , accounting, sales, or
marketing aspects of the community; that there is not
a woman on the board; and that the makeup is constrictive.
Councilmember Neel stated that he did not approve of the
means of selecting the members, and that he does not know
all of the individuals; that he thinks there should be
a more personal means of interviews (one-to-one) ; and
that he did not think enough people were aware of the
opportunity .
Councilmember Broich stated that the openings were
advertised; that the Council interviewed the applicants;
that the Mayor interviewed the applicants; that it is
the Council ' s obligation to ratify appointments; and that
there is an agreement in place specifying the makeup of
the board.
Councilmember Apfelbaum stated that she wanted to make
certain that the board will have the broad range of
expertise it will need, and that five hoteliers sets the
board off balance, and set up a special interest.
Council Minutes
4-11-89 Page 4
3. COMMISSION APPOINTMENTS (Continued)
Councilmember Broich stated that the makeup of the group
cannot be changed at this point; that hopefully the board's
work will result in filling hotels, and bring people and
dollars to the community.
Mayor stated that the representation of the board is fixed
by the agreement.
Councilmember Apfelbaum stated that she did not sign the
agreement, and that it is restrictive in that it does
not simply impose hotel representation, it limits that
to certain sizes.
Councilmember Foster stated that perhaps that can be changed
in the future, but not now; that is in this form because
of the majority of the Council 's desire to not have the
initiative measure; and that the agreement must be Followed.
He questioned if there were individuals or categories
that should be further considered.
Councilmember Apfelbaum stated that she considered it
unfair to the individuals involved to discuss personalities
in public, and she was not willing to do so.
City Attorney stated that the Brown Act was amended in
the 1970s to remove the ability to discuss appointments
in closed sessions.
Mayor stated that he understood Councilmember Apfelbaum's
view that she did not agree with the original deal , and
respected the comments concerning women appointees, which
was not intentional ; and questioned if there were specific
alternative suggestions.
It was moved by Broich, seconded by Foster, and carried
by the following vote, that the above appointments be
approved:
AYES: Broich, Foster & Bono
NOES: Apfelbaum & Neel
ABSENT: None
ADJOURNMENT
There being no further business, Mayor declared the meeting
adjourned.
JUDITH SUMICH
City Clerk