HomeMy WebLinkAbout5/4/1983 - MINUTES CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
MAY 4, 1983
" A Regular Meeting of the City Council of the City of Pa.im Springs,
was called to order by Mayor Bogert, in the Council Chamber, 3200
Tahquitz-McCallum Way, on Wednesday, May 4, 1983 at 7:30 p.m.
ROLL CALL: Present: Councilmembers Doyle, Foster, Maryanov, Ortner
and Mayor Bogert
Absent: None
The meeting was opened with the salute to the Flag and a moment of
silence.
COMMUNITY REDEVELOPMENT AGENCY: No business
PUBLIC HEARINGS:
1 . ZONING TEXT AMENDMENT 5.0263 - POD STANDARDS
Recommendation: That the Council amend the Zoning Text to
revise planned development district standards.
Director of Community Development stated that the amendments
reflect current times vs. conditions in place at the time
the ordinance was originally created; and that the changes
allow: meeting housing goals, flexibility regarding commercial
development in integrating some uses, commercial uses in
conjunction with industrial under certain circumstances, (103)
clarification of applicant performance, and increasing
,
processing time from 1 to 2 years.
Mayor declared the hearing open, there being no appearances,
the hearing was closed.
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE PLANNED DEVELOPMENT DISTRICT (SECTION 9407.00)
OF THE PALM SPRINGS ZONING ORDINANCE.
r It was moved by Doyle, seconded by Foster, and unanimously
carried, that further reading be waived, and that the ordinance
be introduced for first reading.
2. ZONING TEXT AMENDMENT 5.0262 - CUP STANDARDS ---
Recommendation: That the Council amend the Zoning Text to
provide clarity in the review process and decrease processing
time for conditional use permits.
Director of Community Development noted that this matter
had been reviewed in detail at the last study session, at
• which there was concern expressed regarding automobile service
stations, in particular, allowing additional uses within (103)
the service station area and eliminating minimum distance
to residential zones. He stated that other changes proposed
relate to: clarification of outdoor uses, temporary structures,
notice process, Tribal Council appeal process and enabling
provision to establish appeal filing fee, changes in time
' limit of CUP so it can be co-terminum with tract maps, tighter
regulations for sand pits and quarries, and neighborhood
shopping center approval process.
21�1 l
Council Minutes
5-4-83 Page 2
2. ZTA 5.0262 - CUP STANDARDS (Continued)
In answer to questions by Council , Assistant City Attorney
stated that it would be appropriate for the Council to return
this matter to the Planning Commission for recommendation
if it desired to make changes to the Commission' s initial
recommendation.
Mayor declared the hearing open; there being no appearances,
the hearing was closed.
(103)
Councilman Foster stated that he was concerned about the
number of pumps and believed the proposed language was
confusing.
Councilwoman Ortner stated that she was also concerned about
the number of pumps vs. the number of hoses, and suggested
that the Council consider this matter in study session to
determine some specific language to be referred to the
Commission.
It was moved by Doyle, seconded by Maryanov, and unanimously
carried, that this matter be continued for two weeks, pending
review at the next study session.
PUBLIC COMMENTS:
a) Araby Drive: The following persons spoke regarding the
inability to use Araby Drive because of water, runoff,
and their dissatisfaction with the use of Rim Road as
an alternative:
Ruth Ravesport, Alissa Cavallero - 2224 Araby, Louis '
Sawyer - 2280 Araby, Arna LeComp - 2201 Smokewood, and
Jerry Kenya.
Earlene Blanton, Pres. of the Araby Homeowners Association,
stated that its new board would be meeting on May 5,
at which the Director of Community Development will provide
information, and that the Board's recormimendation will ~
be brought to the Council .
Harry Mazur stated that upstream work means that there
will be an "Araby River" nine months of the year; that
drainage fees will be generated and some of the money
should be used to address this problem; that the road
has been closed 3-4-5 months continuously in the last
five years, and only 1-2-3 days per year prior to that
time; that he has photographed 25 cars which have been
pulled out of the wash; and that he fell: the City was
vulnerable to suit.
Bill Howlett stated that he believed he had a solution
to the problem which would not mean a bridge, an assess-
ment, or city funding, but which could utilize federal
funding. He offered to try to get all property owners
together, along with the City, to present his plan. ,
Seymour Collins and Mary Alchian expressed support for
Mrs. Blanton, noting that although her personal views
differed, she was still elected the president of the
association and would represent its recommendations.
Councilman Maryanov stated that the City took the lead
in paving Rim Road, to help alleviate the problem, although
he did not wish to minimize the situation, he felt everyone
was looking for a solution to a difficult problem.
25),
Council Minutes
5- 4-83 Page 3
PUBLIC COMMENTS (Continued)
The majority of property owners had already exited the
Chamber, at the point at which Mr. Kenya stated that he would
apprise them that the Council would wait to hear from them
regarding establishing a meeting date to get together.
b) Don Lawrence spoke regarding rent control and his concerns
relating to inability to obtain a hardship increase based
on mortgage payments, escalation clauses in leases, and
capital replacement. He illustrated his points, stating
that he was not suggesting the hearings be reopened,
since he felt there had been ample opportunity for views
to be expressed, however, he felt these three areas would
have significant adverse impact on the existing rentals
and future development. See also Item #15.
LEGISLATIVE ACTION:
3. ZTA 5.0261 - PARKING LOT STANDARDS
City Clerk read title of Ordinance 1182, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTIONS 9306.00 C.4 AND 9306.00 C.a OF THE (103)
PALM SPRINGS ZONING ORDINANCE REGULATING PARKING LOT
LIGHT STANDARD HEIGHT.
It was moved by Foster, seconded by Ortner, and unanimously
carried, that further reading be waived, and tha.t Ordinance
1182 be adopted.
CONSENT AGENDA:
r 4. Resolution 14570 approving third time extension for TTM 15463
for property on the west side of Beverly Drive, between Escoba (117)
and Avery Drive - Ervin/S. Appel .
5. Resolutions 14571-14578, inclusive, relative to Assessment District
141 , including setting hearing on eminent domain procedures, (56)
for sewer and street improvement generally on Racquet Club Road,
between Palm Canyon and Indian.
6. Resolution 14579 determining sufficiency of petition for A.D.
144, street improvements in Camino Parocela, between Calle Ajo (56)
and Calle Palo Fierro.
1
7. Minute Order 3227 awarding purchase of 9 handi-talkie portable (84)
radios to Motorola C & E, in amount of $6,162.50.
8. Minute Order 3228 awarding bid for banking services to Security (86)
Pacific National Bank.
9. Minute Order 3229 awarding purchase of a firearms training target
' system to Advanced Training Systems of St. Paul , in amount of (84)
$11 ,200.
10. Resolutions 14580-14581 determining paid and unpaid assessments (56)
and authorizing issuance and sale of bonds for A.D. 140,
11 . Resolution 14582 ordering preparation of plans & specs and other
required documents for formation of Street Lighting Maintenance (56)
District #3, i .e. , Crossley Tract.
Council Minutes
5-4-83 Page 4
12. Minute Order 3230 awarding contract to Utility Asir Conditioning,
Inc. , for furnishing and installing air conditioning system in
Fire Station #l , in amount of $24,800.
13. Resolution 14583-14584 approving Payroll Warrants and Claims (86)
& Demands. (114&
14„ Resolution 14585 adjusting sewer service charge. 128)
It was moved by Doyle, seconded by Maryanov, and unanimously
carried, that Resolutions 14570 through 14585 and Minute Orders
3227 through 3230 be adopted.
15„ RENT CONTROL - HARD INCREASE GUIDELINES
Recommendation: That the Council approve guidelines for
determination of hardship rent increases.
Assistant City Attorney stated that the proposed guidelines
have been recommended by the Rent Review Commission, as a
result of public hearings and public participation; and that
many comments were received and some incorporated into the
guidelines.
In response to question by Council , Don Lawrence restated
the essence of his concerns (see Public Comments above,)
noting that there were only four people who addressed the
Commission, speaking from an owner' s perspective. ,
Councilman Maryanov stated that he had concerns regarding
the last paragraph of 102-C.1 , in that the only one who can
borrow at the rate noted are member banks. (85)
In answer to question by Council , Assistant: City Attorney
stated that financing methods used to cover• property vary
greatly, and if the guidelines included mortgage or land H
lease, the owner could manipulate the figures in such a way
as to enable him to petition for a hardship increase to the
amount he wanted.
Mr. Lawrence suggested that owner be permitted, to come before
the Commission to show that something is beyond his control ,
which would enable the Commission to determine the reason-
ableness of the situation; and that leases increase each
year, and that should not be a point of dispute.
Councilman Maryanov stated that the ground rules have changed
in the last few years, in that interest rates vary and a
person could take a loan at 11%, only to find himself paying
13% at a future point.
In answer to question by Council , Mr. Lawrence stated that
he felt those items he identified would still stay within
the spirit of rent control ; that apartments have expenses
which mobilehome parks do not have; that there is a potential '
for initiative to extend rent control to new units; and that
State legislation is pending which would exempt all new units '
throughout the State from rent control provisions.
It was the consensus of the Council that this matter be delayed
until the next meeting, in order to permit review with the
City Attorney; after which, it was moved by Doyle, seconded
by Maryanov, and unanimously carried, that this matter be
continued to May 18, 1983.
2 J
,
Council Minutes
5-4-83 Page 5
16. LIBRARY AIR CONDITIONING
w
Minute Order 3231 , awarding contract to Utility Air
Conditioning, Inc. , for main library air conditioning (99)
modifications, in amount of $9,360, was presented; after
which, it was moved by Foster, seconded by Maryanov, and
unanimously carried, that Minute Order 3231 be adopted.
17. TRACT 14009-1 - FINAL MAP
Resolution 14586, approving final map for Tract 14009-1 ,
for property on the NW corner of Amado Road and Hermosa Drive (137)
- KWL/Casa Verde Associates, was presented; after which,
it was moved by Foster, seconded by Maryanov, and unanimously
carried, that Resolution 14586 be adopted.
18. MALOOF/SLAYMAN LICENSE AGREEMENT
Resolution 14587, approving a license agreement with Gerald
Maloof and Joyce Slayman, a partnership, to erect walkway
covering over public right-of-way on the east side of South (133)
Palm Canyon Drive and Arenas Road, was presented; after which,
it was moved by Foster, seconded by Maryanov, and unanimously
carried, that Resolution 14587 be adopted.
REPORTS & REQUESTS
19. FRANCHISE REPORT - SCE - $323,437.39
20. APPOINTMENTS
It was moved by Doyle, seconded by Maryanov, and unanimously (60)
carried, that the appointments by the Desert Hospital Board
Of Arthur Stein and Michael Wolfson to the Desert Hospital
Authority, be confirmed.
21 . CITY COUNCIL reports or requests
a) At request of Councilwoman Ortner, staff requested to
provide information as to reasons for Planning Commission
approval of marquee for Riviera Hotel .
b) At request of Councilwoman Ortner, staff directed to
study possibility of temporary removal of speed bumps
along west side of P.S. Mall , during construction of
new building, to eliminate noise nuisance to residential
properties to the west. Councilwoman Ortner also requested
that consideration be given to the residents when plans
are reviewed as to location of delivery dock for the
new market.
c) At request of Councilman Foster, staff requested to
investigate when striping will occur at East and South
Palm Canyon Drive, in conjunction with new project in
that area.
d) In response to question by Council , City Manager stated that
the City Attorney will follow through on legal opinion
regarding responsibility to provide access to Araby area,
upon his return.
'56
Council Minutes
5-4-83 Page 6
21 . COUNCIL reports or requests (Continued)
e) In response to question by Council , Director of Community
Development noted that, in accordance with code provisions,
he has granted a street closure of Calle Encilia, south
of Tahquitz-McCallum, for a period up to nine months
in order to facilitate hotel construction. lie stated
that it is anticipated the closure will be closer to
four months in duration.
It was the consensus of the Council that efforts be made
to reopen the street prior to the peak '84 season.
f) Councilman Doyle requested that final report of the
Maintenance & Cleanup Task Force be submitted to the
Council , and the group be recognized for its work.
City Manager stated that the Parking Task Force
recommendations will be the subject of discussion at
the next study session.
22. PUBLIC reports or requests - None
23. STAFF reports or requests - None
(/JUDITH SUMICH
City Clerk '
r