HomeMy WebLinkAbout2001 - MINUTES - 1/24/2001 - STUDY SESSIONSTUDY SESSION
CITY OF PALM SPRINGS
January 24, 2001
CONVENE IN OPEN SESSION
A. Call Back to Order-Large Conference Room
B. Flag Salute
C. City Attorney Report on Matters Discussed in Closed Session-See Page 2 of
Agenda this date.
D. Public Comments
Bob Seale, Las Palmas Neighborhood, urged the Council not to consider
approving parties at Celebrity Homes; that the activity is prohibited in R-1 zones
and that the Ordinance should be enforced.
Roxanne Floss, urged the Council to prohibit short term rentals; that the impacts
on the on the neighborhood is intolerable; and that all rentals of single family
homes should be limited to not less than 30 days.
Phil Tedesco, stated that single family residential should be limited to not less
than 30 days.
Durf Combs, stated that the enforcement of unregistered vehicles should be
made a priority in the City with enforcement being aggressive.
Jim Herman, stated the City should adopt an Ordinance to prohibit the storage of
unregistered vehicles in sight; that the neighborhoods are being inundated with
so many broken down unregistered vehicles.
Patty Brown, Tourism, stated that Celebrity Home Tours are a part of the draw of
Palm Springs; and suggested parameters be set for the allowance of the tours.
Jim Dallas, rental agency, stated that there are licensed rentals; that the rentals
are used by folks that want a home atmosphere, rather than hotel; that offenders
should be regulated, but that out of the 400 properties managed, there is little to
no complaint.
Arnold Moss, encouraged the Council to continue Motorcycle weekend.
Alex Slogarth, stated that the owners of Celebrity Homes do not purchase the
homes for profit; that owning such property is a labor of love and that many want
the events to enjoy a celebrities home.
Linda Fort, stated that the tourism industry supports all events that enhance and
draw visitors to the City; that Celebrity Home Tours and the Motorcycle weekend
should be supported; and added that the hoteliers encourage single family
residential rentals as an alternative housing for the tourist.
Sharon Locke, stated that the residential homeowners are requesting Council
assistance with the problem of short-term single-family residential rentals; that
there is no protection for the homeowners and requested the Council take action.
Kurt Holbrook, stated that there should some middle ground that the City could
find for the rentals and the motorcycle weekend; and that both mean much to the
City in tourism.
Denise Goldsby, Hotel Association Rep, stated that there is a down turn in
occupancy; that all rentals need to be encouraged; and that a compromise
should be found.
Julie Rupp, meeting planner, stated that tourism is the back bone of the
community; that a big selling point of visiting Palm Springs is the touring of
Celebrity Homes; and that the tours do need to continue.
Logan Need, Tennis Club, stated that short-term rentals are of concern; that
many of the homes do not meet ADA or Code compliance; and added that all the
properties should be evaluated to meet the requirements.
Sylvia Schmitt; read letter, copy on file with materials for Study Session.
Matilda Jones, expressed dismay at the attitude of the hoteliers and tourism; that
the rights of homeowners must be protected; that money should not be the
priority, but the quiet enjoyment of ones home; that Palm Springs is unique; and
that residential areas should be protected from commercial areas.
Michael Bonay, stated that both sides of short-term rentals have issues; that both
are understandable; that there does need to be regulation; that the issue is being
blown out of proportion and requested Council compromising on the issue.
Becky Chamberlain, stated that the issue is not being blown out of proportion;
that to live next to one of the short term rentals is horrible; that children playing
on the streets in the neighborhood are in danger from all the cars traveling to and
from the rental homes; that the noise at night is constant; and that the street is
loaded with cars parked all over.
Christine Foster, stated that there does need to be a balance between the
revenue from tourism and the right of the residents; that there are no spot checks
performed; that some of the homes that are short-term rentals are disruptive; and
that a safe residential neighborhood is what was purchased, not a commercial
zoned area.
Eliza Goforth, stated that the Bike Weekend did not profit any of the hotels that
are members of the Historic Tennis Club; that the weekend had to be endured;
that paying customers left the hotels; and that the noise level was too high.
Gene Kerns, stated that one of Palm Springs attractions is Bike Weekend; that
funds are raised for local charities; that the weekend is wonderful and brings
many to Palm Springs; and it is now a part of motorcycle tradition.
Frank Tysen, stated that the Council is receiving conflicting messages; that City
staff did not schedule neighborhood meetings on the single family residential
rental issue to get neighborhood input; that the Bike Weekend is not to be
tolerated; that it is too noisy and drives business to Desert Hot Springs; and
added that polls of the neighborhoods should be conducted when issues
concerning it arise.
Kitty Kieley, stated that when the City was formed there were residential and
commercial zones established; that the two should not be intermingled; and
added that the Council should uphold the zoning.
E. COUNCIL COMMENTS/QUESTIONS/REPORTS
Councilmembers commented on various civic functions attended.
Mayor requested any handouts for meeting of the Council be provided to the City
Clerk for recording, before the meetings.
F. CITY MANAGER COMMENTS
City Manager stated that a downtown parking think tank is being established to
address parking issues in the downtown; and accepted Mayor and
Councilmember Oden as volunteers to the think tank; and added that a report
would be forthcoming within 30 days to the Council regarding the matter.
G. STUDY SESSION
1. Short term rental of Single Family Homes
Director of Planning & Building review a staff report and added that the issue is
not new; that the matter has been discussed before the Council in the past; that
many forums have been held with no resolution; that the TOT generated is
approximately $12,000 per year.
Mayor questioned what other Communities have done with the matter of short-
term rentals and celebrity home tours.
City Attorney stated that this is the first time these types of issues have come up
in the Communities that he serves; that most Communities do not have Celebrity
Homes to deal with; that some Communities do have the short term rentals; that
there are Ordinances that could be drafted for approval; and that language
concerning both issues could be reviewed.
Councilmember Oden stated that the City did have past litigation concerning the
issue of Celebrity Homes and questioned is an analysis had been prepared by
Counsel.
City Attorney stated that in Closed Session an oral report was given concerning
the litigation outcome of the Celebrity Home issue; that the matter was defined by
the Judge in the case that the owners did have a right to use the property; that
during the case, the neighbors that had complained about the use did not show
up in court to express their opinion; that the Judge did find that the properties
were being used for charitable purposes and did not find that the homes could
not be used as a venue; and that the use was not found to be commercial, due to
the infrequency of use.
Director of Planning & Building stated that the property that went before the
Judge was only slated for one event and did go dark after the event; that the
issue of single family residential home short term rental does have a range of
options; that direction is needed from the Council for staff response.
Councilmember Oden questioned if the Celebrity Tours were a part of the
modernism surge in the Community.
Director of Planning & Building stated that the issues are kept separate; that
there may be different approaches needed; that tours do differ from events; that
there has been increase in the purchase of modern architectural properties and
that staff could investigate if the properties are being rented; and added that the
number of complaints have increased and that the cause may be due to the
increased advertising on the internet.
Councilmember Jones stated that a number of properties are advertised in the
LA Times; that the City should prohibit the use; and that staff should work on
giving an Ordinance to give the neighborhoods back to the residents.
Councilmember Hodges stated that she personally would not like to live next to
one of these homes that are being rented for weekends; that this type of rentals
have been ongoing for years; that most seem to be responsible and reputable;
but now it seems that a few are taking advantage causing all being endangered
of being shutdown; and that the rental could be regulated through.
Councilmember Jones stated that if the TOT is only $12,000 annually, there is
not much business being generated; that the bulk is from condos; and that the
gain needs to be weighed against the concern of the residents.
Councilmember Oden stated that the dollars may not be a significant amount, but
it is the residuals that are attached to it that matter; that more information is
needed regarding surveys from other Cities and possible regulations requested
by Councilmember Hodges.
Councilmember Jones stated that it is not clear why small hoteliers would
support the short-term rentals and added that it would seem to take business
from them.
Mayor stated that the if someone is a problem short term renter, it would not
matter if they were long term or not, they would still be a problem; that a review
of the standards will allow the Council to reassess what standards it is willing to
accept; that the City has tried to establish a broad base of inventory; that this is
the reason a destination resort is being sought; that it may be that the rentals
need stringent regulation; that the regulation must be firm, but not to unbending
that no one can do anything; that there may be a minimum of time the Council
could recommend; and questioned if standards could be set for rentals and
single family residential.
Councilmember Hodges stated that it seems the two are being mixed together;
and added that if she did chose to have a party, she would not like to be
prohibited.
Mayor questioned if regulations could control the number of occupants, the
number of vehicles at the residence; and added that the TOT is important to the
City and it may be with regulations the situation could be more tolerable; and
added with regulations the police department could cite violators and that the City
can not shut the door on tourists.
Councilmember Jones stated that it would be difficult to live in a home that the
neighbors changed every weekend; that a good neighborhood watch program
would not work; and that the issue is a lot of people moving in and out.
Councilmember Hodges stated that a CUP could regulate the number of times a
home could be rented.
Councilmember Jones stated if a CUP is used, each time one is applied for, the
issue would come before the Council.
Councilmember Hodges stated that it is an avenue to explore.
Councilmember Jones stated that with the exploration, Staff should also explore
the methods of prohibiting the use.
Mayor stated that there is no opposition by the Council to review a measure to
prohibit the use, or to find a measure to regulate the use; and that staff should
consider the use of short-term rentals with controls.
Councilmember Oden stated that if the use cannot be prohibited, a way to
regulate the use must be found and that regulation should include enforcement
issues and the cost.
Mayor requested a report regarding the number and types of responses made
concerning fire and police department regarding single-family residential rentals.
Councilmember Reller-Spurgin stated that the short-term rental TOT is not worth
the residential impact.
Mayor stated that a clarification of the $12,000 in TOT should be clarified in a
report to Council.
2. CELEBRITY HOMES
Director of Planning & Building stated that this issue has been reviewed before;
that all facets of organizations have been queried for input; that the debate runs
full circle; that the residents want protection and the tourist industry wants
access; and stated that direction is now needed from the Council in the manner
in which to proceed.
Councilmember Reller-Spurgin stated that there does not seem to be a
compromise on the issue.
Councilmember Oden questioned if the matter had been addressed by issuance
of a Land Use Permit; and added that there is a difference between commercial
use and non-profit.
Director of Planning & Building stated that with a regulatory process, if someone
is a chronic problem, the permit can be revoked and the enforcing agency called
in to close the event.
Mayor questioned if the events are limited to the number of attendees.
Director of Planning & Building stated that most events are coached in, so the
vehicular impact is lessened; that the number of attendees could be capped if the
Council desired.
Councilmember Oden questioned if a LUP was used, would each event be
reviewed by the Council.
Director of Planning & Building stated that the language could be crafted to
regulate each permit through the Council is that is desired.
Councilmember Oden recommended that other City Ordinances be reviewed and
the findings be forwarded for Council review.
Director of Planning & Building stated that if the Council desires prohibition, staff
could draft and Ordinance to have a commercial event at a single-family
residence prohibited, or not make any recommendation to allow any access to
events.
City Manager stated that the Planning Department will craft what the Council
desires; and that in addition, to balance input, the Office of Neighborhood
Improvement will review the matter.
Councilmember Oden stated that the Courts may interpret the use differently
than the City and stated that an acceptable use does need to be found.
City Attorney stated that when the last case involving Celebrity Homes went to
Court, the City did not have any type of Ordinance in place addressing the
matter; that the outcome was that neither side was satisfied; that a compromise
was sought; that the residents want no events, and the event planners want
events; that an Ordinance can be drafted, but that the basic policy must be
decided first.
Councilmember Reller-Spurgin stated that the City Manager would like to
address the issue with the neighborhood improvement committee and
recommended that the matter be delayed until that occurred.
Councilmember Jones stated as a single-family residential homeowner he would
accept no events in his neighborhood.
Mayor stated that a subcommittee could address the issue to include the full
spectrum; that a balance in needed in the Community; and that the findings
should be reported to the Council.
Councilmember Reller-Spurgin stated that the parking issues should likewise be
addressed.
Director of Planning & Building stated that resolution does need to be sought;
that business leaders, citizens and homeowners could try again to reach a
solution.
Councilmember Jones stated that the issue should be kept on the forefront.
3. UNREGISTERED VEHICLES – CODE ENFORCEMENT
Director of Planning & Building stated that the matter has been reviewed by staff,
and reviewed a handout, copy attached.
City Attorney stated the there is State Law concerning inoperative vehicles; that
the City could put regulations in place; that the laws would be enforceable; and
that the distinction needs to be made between unregistered and inoperable.
Director of Planning & Building stated that although the issue does not come up a
lot, the City does have approximately 800 cases each year.
Councilmember Reller-Spurgin stated that one of the last things an elderly
person wants to give up is their car; that even if the car is not used, it acts as a
security blanket to the senior.
Councilmember Jones stated that the City should only act on complaints and
abusive situations.
Councilmember Oden stated that there is a balance to the issue; that the
complaints could be investigated and if the situation is not corrected, the vehicle
could be abated.
Council direction to develop standards for property in the Community regarding
the unregistered, inoperable vehicles.
4. BIKE AND HOT ROAD WEEKEND
Director of Facilities reviewed a handout, copy attached.
Police Chief stated that there were a total of 28 citywide complaints regarding
noise; that there were 5 DUI arrests, that there were 21 stolen bike, of which
some may have been insurance fraud; that the merchants supported the event;
that a major concern was gangs; that the City can request that establishments
and vendors not “fly colors”; that gangs showing up was not a problem; and that
over time the event may get as big as Springs Break.
Mayor questioned if the City had enough police coverage during the event.
Police Chief stated that the City did enter into an agreement with CHP, but that
the agreement did not need to be activated; that with the current personnel, the
event was handled sufficiently.
Councilmember Oden stated that time was spent with the vendors; that the event
was walked; that the feedback was positive; that two complaints had been
received one for noise and one regarding the street closure; that the event does
bring a lot of revenue to the City and that it seems that all the concerns from the
1999 event were addressed.
Mayor stated that he was not in town during the event and questioned the
location of the bands; that there may be some regulations that could be set in
place stopping music at 11 p.m, or some other agreeable time; and that the event
is large and does generate a lot of activity in the downtown.
Councilmember Hodges stated that last year it was suggested to change the
venue to the marketplace; that the site could be considered as an alternative;
that moving the event would allow the streets to remain open.
Mayor stated that the marketplace may be too remote for the event and added
that last year the streets were closed mostly due to street resurfacing.
Councilmember Hodges stated that even if the venue was moved to the
marketplace, the motorcycles would go to Palm Canyon Drive anyway.
Councilmember Jones stated that although he has only been on the Council for
one year, this is the only event he has received calls about; that the event causes
noise and is disruptive; and that it seems the City is putting profit over citizens.
Mayor stated that is the event gets mobile, then it is the mobility that needs to be
controlled; that event though this type of event is not one he would attend, that
does not mean that it is not a benefit to the City; that as the event grows, it will
demand greater management.
Councilmember Reller-Spurgin stated that most of the riders are of a higher
clientele; and that the event cannot be all-negative.
Councilmember Hodges stated that the event is a whole package; that the folks
that ride in on the bikes, come back to visit in Mercedes; that not all are gang
members that ride bikes and added that she had only received one call during
the event, regarding noise.
Director of Facilities stated that a zero tolerance could be the rule of the event,
with all vendors and participants being notified that bikes in residential areas will
not be tolerated.
Councilmember Oden stated that the event will grow; that it is a good event; and
that he looks forward to the event returning; that the event is positive PR for the
City; that the image of riders does need to be dispelled; that the disposable
income of the riders is among the highest; and that the bikers need to know they
are welcomed, but cooperation is needed in the residential neighborhoods.
Mayor stated that it is clear that the event is needed during this time of the
month; that the event is large; that hotel rooms are filled; and that the merchants
and restaurants want the event; and added that there is a tremendous advantage
to having the event, but that the question is how do we keep control.
Councilmember Oden stated that a lot of issues have been brought up regarding
the event and recommended the item be reviewed at a workshop.
ADJOURN