HomeMy WebLinkAbout12/19/1989 - MINUTES CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
DECEMBER 19, 1989
An Adjourned Regular Meeting of the City Council was called to order
by Mayor pro tem Apfelbaum in the Large Conference Room, 3200
Tahquitz-McCallum Way, on Tuesday, December 19, 1989 at 2 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: The agenda was posted in accordance
with Council policy on December 15, 1989.
PUBLIC HEARINGS:
1. PD 201 (INTERCAL) AND GPA 5.0531
Recommendation: That the Council approve a General Plan
land use and text amendment; amendment to the Master Plan
of Sewers; and a planned development district in-lieu of
a change of zone, for a resort hotel and time-share condominium
project, including tennis complex, outdoor stage, and accessory
facilities on North Sunrise Way, between Whitewater Wash ( 116-(
and the easterly extension of San Rafael Road, Section 36
(General Plan amendment applies citywide) .
Planning Director reviewed the staff report and added that
Planning Commission reviewed the project on December 13,
1989, and recommended approval ; that a public hearing was
held at that time, and there were no appearances; that the
proposed use is desirable for the Community; that if the
General Plan Amendment is approved, the proposed project
would be consistent; that the sewer line on Sunrise Way would
be straightened to a parallel line; that a full Environmental
Impact Report was done; that the conditions and mitigation
measures imposed are necessary to protect the public health,
safety and general welfare of the community; and that a
mitigation monitoring program is required; that when the
Mid-Valley parkway is constructed, traffic impacts will be
mitigated to an acceptable level .
Planner II stated that the building height is 110' to the
top of the Atrium; that the architecture emulates the
mountains; that the Planning Commission recommended approval ;
that the setbacks deviate from the zoning ordinance; that
the Planning Commission allowed buildings as close as ten
feet to the property lines, that a golf course would buffer
the setbacks variances; that the project will be built in
phases, starting with the hotel as Phase I ; that the parking
will be two and three story above and underground structures;
that the mid-valley parkway will be visible from the parking
structures, but that the landscaping will enhance the view;
that the parking structures will look like the rest of the
buildings; and that Room Tax will be consistent with the
existing ordinance.
Director of Economic Development stated that there may be
a resolution to affordable housing issue by looking at the
relationship between the proposed development and city-owned
land fronting the property.
45(3)
Council Minutes
12-19-89, Page 2
1. PD 201 (INTERCAL) AND GPA 5.0531 (Cont)
Planning Director stated that the hotel will monitor the
time share units; that if an owner wishes to rent the unit,
the hotel will manage the rental , allowing the City to collect
' TOT on the rental ; and that the original owner cannot be
taxed, but renters can.
Dale Stein, 11545 W. Bernandino, San Diego, stated that the
developer is unopposed to collecting TOT for the City, but
that the action needs to be taken legally; that the Golf
Course will be private, for hotel visitors only; and that
the intent is to acquire more land for the Golf Course.
Councilmember Apfelbaum stated that a letter had been received
from Rancho Mirage Planning Department, and those issues
should be addressed.
Planning Director stated that the General Plan needs updating;
that a full Environmental Impact Report was completed on
the project; that the public hearing was held November 22,
1989; that all issues were addressed in the EIR; that
mitigation measures are not as stringent on hotels as on
single-residential housing; and that a new category was needed
in the General Plan, for resort designations.
Mayor pro tem declared the hearing opened.
Dale Johnson, President of Intercal Inc. , stated that a number
' of months have been spent with architects and engineers in
the attempt to bring the project to fruition ; that between
everyone involved, a project to enhance the City has been
accomplished; that the project will be a new gateway to the
City; that the project will be a major compliment to the
City; that many issues were addressed in the EIR; that the
Planning Commission raised the question of the mid-valley
parkway view of the rear of the project; that the concern
has already been addressed and complied with; that the TUMF
fees for the project will add to improvement of the parkway;
that TOT is in accordance with City specifications; that
the commitment of the developer is to build the hotel first;
that an additional 800 hotel rooms will be available to the
City; that height and setbacks are designed to flow with
the environment; and that the project will be before the
Council many times before completion.
Chris Mills, 121 South Palm Canyon, architect, stated that
the project can not be built if the land is not acquired
for the golf course; and that the model presented indicates
the type of quality project of the development.
Randy Jefferson, 10555 Wilshire Blvd, Los Angeles, architect,
stated that the project, if approved, will start in 1990;
I that from a conceptual point of view, each building has its
own identity; that each modular has a triangular courtyard,
to move away from the traditional long hallways, and
rectangular types of buildings; and that project is on a
landscape type setting.
457 Council Minutes
12-19-89, Page 3
1. PD 201 (INTERCAL) AND GPA 5.0531 (Cont)
Carl Bishop, Rancho Mirage City Planning) Department, stated
that Rancho Mirage did have EIR concerns ; that a continuance
should be granted to allow the Planning department time to
address those concerns ; and that since this is a new project,
the developers should pay the Regional Airport Assessment I
Fees.
Planning Director stated that comments by Sherman Lapham
were that is an outstanding concept plan; that the development
is cut down to mass, and that it is an accurate solution
to wind.
Resolutions 16978 - 16980 as recommended was presented, after
which; it was moved by Foster, seconded by Broich, and
unanimously carried, Bono absent, that R16978 - 16980 be
adopted.
PUBLIC COMMENTS
a) Jeremy Crocker, stated that proper use of the Welwood
Murray Library should be maintained; that the cost per
item circulated should be considered; and that a visitors
center will cause a need for a larger staff.
b) Jay Horwitz, 2490 Araby Drive, stated that Colleen Chambers
owns Canyon Bike Rentals, that the zoning for bike rentals
must be CBD, that a relocation site has been selected
that is zoned C1; that the new location is one-half block
outside of the correct zone; and requested that the I
business be allowed in the new location.
Mayor pro tem referred Mr. Horwitz to the Planning i Director
for further information.
c) Chuck Blayney, 2263 Bob O' Link, chairman of mens club
and womens club, stated that he represented both clubs
regarding item 3; that the Municipal Golf Course offered
one product; that the usage for the course comes from
residents and visitors; that the residents are the
taxpayers, and use the course all year long; that each
group has different needs; that policies should be tailored
to meet the different needs; and that a panel should
be established to study needs.
d) Bob Franklin, 537 Orchid Tree Lane, stated that he was
a member of the Men ' s Club and a member of the green ' s
committee; that the Municipal Golf Course does not measure
up to other golf courses; that there are no sand traps
on the fairways that equal those found on other courses;
that the residents are pushed into second class citizenship
status; that residents pay full fee during peak season;
that the City has a large amount of retired citizens
that are on fixed incomes; that golf is the main source
of entertainment for some of the retirees; that the Men ' s
Club proposes tabling staff recommendation, and suggests
the hiring of a team to redesign the Municipal Golf Course,
and that the prices should remain competitive.
Council Minutes 4 5 S
12-19-89, Page 4
LEGISLATIVE ACTION:
2. FEE SCHEDULE AMENDMENT - GOLF COURSE RATES
Recommendation: That the Council amend the Comprehensive
Fee Schedule to adjust certain municipal golf course rates, (114-001)
I effective January, 1990.
Director of General Operations stated that the Parks and
Recreation Commission on December 13, 1989 recommended the
following changes to the Comprehensive Fee Schedule: that
during peak season, 18-hole green fees increase $3; that
electric golf cart fees increase $2 for 18 holes, and $1
for 9 holes, throughout the year, since the concessionaire
has not received a cart fee adjustment since 1984; and costs
for operation of the carts has risen; that nonresident golf
discount cards be reduced to $75.00 a year; and that twilight
golf fees, and the summer package deal be formally included;
that fee adjustments begin January 1, 1990. He stated that
overall play was down 13%; that over the past two years new
charges have been added to operational costs such as water,
and in lieu fees for enterprise funds; and that in order
to maintain a high-quality golf course, increased rates are
recommended.
Diane Marantz, Park and Recreation Commission, stated that
the Commission approved the increases.
Mike Brabow, Park and Recreation Commission, stated that
if the rates are approved, the Council could direct staff
' to increase the rates effective December 26, 1989, to take
advantage of the increased play over the holidays.
Resolution 16981 amending the fee schedule was presented,
after which; it was moved by Neel , seconded by Foster, and
unanimously carried, Bono absent, that R16981 be adopted.
3. WELWOOD LIBRARY - EXPANDED SERVICES
Recommendation: That the Council consider use of a portion
of the Welwood Library for visitor information services;
and amend the budget to appropriate funds for the fiscal (099-005)
year.
It was moved by Broich, seconded by Neel , and unanimously
carried, that this item be continued to January 3, 1990.
CONSENT AGENDA:
4. MO 4502 approving purchase of a copier from Valley Office
Equipment for $12,695.51. (084-006)
5. MO 4503 ratifying City Manager' s authorization to purchase a
used Mack tractor from E.W. Truck & Equipment Co. , for $11,198.49 (084-006)
(concept approval given by Council on November 15, 1989) .
I 6. MO 4504 authorizing purchase of two mini pickup trucks from
Marshall Motors for $25,736.79. (084-006)
It was moved by Broich, seconded by Foster, and unanimously
carried, Bono absent, that Minute Orders 4502 through 4504
be adopted.
459
Council Minutes
12-19-89, Page 5
ADDED STARTERS: (The following item was determined eligible for
consideration upon unanimous consent)
7. DBID-PAYMENT DEADLINE EXTENSION
Recommendation: That the Council permit a grace period for I
those businesses which have not paid their assessment fee
pursuant to Ordinance 1340, which established the Downtown
Business Improvement District.
(133-0
Deputy City Attorney stated that in October, 1989, the Downtown
Palm Springs Committee for Fair Taxation filed an action
against the City of Palm Springs contesting that the assessment
to be paid per Ordinance 1340 was an unconstitutional tax;
that December 1989 Commissioner Lee of the Indio Superior
Court denied the group's motion for a preliminary injunction,
which would have prohibited the City from collecting the
assessment, and that the lawsuit is continuing to trial ;
that the Directors of the Downtown Business Improvement
District have recommended a grace period to January 5, 1990,
and delinquencies after that date be subject to a 10% penalty.
Minute Order 4505 as recommended was presented, after which;
it was moved by Foster, seconded by Neel , and unanimously
carried, Bono absent, that M04505 be adopted.
REPORTS & REQUESTS:
CITY COUNCIL - None
PUBLIC - None I
STAFF - None
ADJOURNMENT
There being no further business, Mayor pro tem declared the
meeting adjourned to Thursday, December 21, 1990, at 5 p.m. ,
Large Conference Room, City Hall .
JUDITH SUMICH
(/City Clerk
By: PATRICIA SANDERS
Assistant City Clerk
Note: For Res 16977 see CRA Minutes this date
I