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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