HomeMy WebLinkAbout12/7/1983 - MINUTES 3A41
CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
DECEMBER 7, 1983
A Regular Meeting of the City Council was called to order by Mayor
Bogert, in the Council Chamber, 3200 Tahquitz-McCallum Way, on
Wednesday, December 7, 1983, at 7:30 p.m.
ROLL CALL: Present: Councilmembers Doyle, Foster, Maryanov,
Smith & Mayor Bogert
' Absent: None
COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned
for the purpose of convening as the Community Redevelopment Agency;
after which, members reconvened as the City Council .
APPROVAL OF MINUTES:
It was moved by Foster, seconded by Doyle, and unanimously
r ^ carried, that the minutes of November 16, 1983, be approved.
SWEAR-IN NEW COMMISSIONERS & PRESENTATION OF PLAQUES:
Mayor presented plaques to retiring board/commission members,
as follows: Robert Goodman, Airport Commission; Sam Rosenthal
& Dr. Alberta Carlen, Community Services Commission ; Gay McCabe,
Library Board; Robert Stewart, DDAC; and Darel Harris, Planning
Commission. Unable to attend, Carrie Allan, Planning
Commission; George Yahn, Community Services Commission; Stephen
Solomon, Library Board - plaques will be mailed.
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New Commissioners, Shirley Damm, CVB, and Richard Milanovich,
' Historic Site, were sworn-in by the City Clerk.
PUBLIC HEARINGS:
1 . ZTA 5.0272 - CBD AMENDMENTS
Recommendation: That the Council amend the Zoning Text to
provide amendments to the CBD Zone.
Planning Director reviewed report of Director of Community
c, Development, dated December 7, 1983, noting uses that were
r previously covered by right-of-zone and are proposed to be
under a use permit; that staff will be reviewing applications,
making determinations, which can be appealed to the Planning
Commission and City Council ; and that the amendment provides (103)
a stricter regulation of messy outdoor uses.
In answer to question by Council , Planning Director stated
" that non-conforming uses would fall under the non-conforming
provisions, with amortization over 10 years.
Mayor declared the hearing open; there being no appearances,
the hearing was closed.
Councilman Smith stated that the amendment should be approved,
but that the Planning Commission should be directed to deal
with existing uses in less than a 10-year period.
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTION 9229.00 (CENTRAL BUSINESS DISTRICT ZONE)
OF THE ZONING ORDINANCE MAKING VARIOUS CHANGES AND
ALTERATIONS TO THE USES PERMITTED, USES PERMITTED BY
CONDITIONAL USE PERMIT AND USES PROHIBITED SUBSECTIONS,
�- AND ADDING A NEW CATEGORY OF USES REQUIRING A LAND USE
PERMIT INCLUDING A LIST OF SUCH USES.
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Council Minutes
12-7-83 Page 2
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1 . ZTA CBD (Continued) ,
It was moved by Doyle, seconded by Foster, and unanimously cont 'd
carried, that further reading be waived, and that the Ordinance .(103)
be introduced for first reading.
It was moved by Smith, seconded by Maryanov, and unanimously
carried, that the Planning Commission study means of speeding
the amortization period.
2. ZTA 5.0296 - RV PARKS
Recommendation: That the Council amend the Zoning Text relative
to standards for development of RV parks, city-wide.
Director of Community Development reviewed his report, dated
December 7, 1983, stated that the amendment would allow RV
parks in any zone subject to a conditional use. permit approval
by the Planning Commission and City Council ; that the majority
of development standards remain unchanged as to content; and
that a major change is the allowance for extending maximum
length of stay from 30 to 180 days. He stated any existing
use, not in conformance, would be subject to the 10-year
amortization period.
(103)
Mayor declared the hearing opened.
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George Marantz, #6 Palomino, stated that he favored the
amendment, and supports additional RV parks in the City; that
he did not believe the Planning Commission has a realistic
view of the RV camper, i .e. , wanting ovens, laundry facilities,
etc. ; that under a 20 acre minimum size parcel , at 18 units
per acre, an RV park of 360 spaces is not feasible; that he
questioned the need for sewage dumping facilities if each
station has a connection; that an asphalt or concrete pad
will preclude tents from being erected on a site; and that
it was not reasonable to him to limit permanent storage to
5%, since RVs cannot be parked in residential areas in the y
City.
There being no further appearances, the hearing was closed.
In answer to question by Council , Director of Community i
Development stated that during the review process by the
Planning Commission, meetings were held with the area director
for KOA; that two developers have expressed interest in a
project, one has filed an application for property in the
northern part of the City, and one on Crossley Road; that
there is no restriction that tent space must be provided,
nor that 20 acre/360 spaces must apply - in some cases a
developer may choose to develop less per acre; that there
are requirements for laundry, bathrooms and other facilities,
and a minimum distance between spaces.
In answer to question by Council , Mr. Marantz stated that
if a person leaves an RV on a space, then full rent must be
paid; however, if the unit is moved to a storage area, it
can be moved back to a space when the person returns.
Planning Director stated that the intent of the amendment
is to provide a high-quality RV resort experience, not a storage
yard ; that the new M-1 zone will allow storage, which can
be developed at 21 units per acre; and that the 20 acre standard
is new, but the remaining standards are substantially those
existing in the Ordinance, with the main import being a
free-standing resort for RVs.
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Council Minutes
12-7-83 Page 3
2. ZTA 5.0296 (Continued)
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING
AND AMENDING SECTIONS OF THE ZONING ORDINANCE REGULATING
THE DEVELOPMENT OF RECREATIONAL VEHICLE PARKS, CITYWIDE. (103)
It was moved by Doyle, seconded by Maryanov, and unanimously
carried, that further reading be waived, and that the Ordinance
be introduced for first reading.
3. C.U.P. 5.0293 - CANYON HOTEL
' On November 2, 1983, Council continued consideration of
recommendation to approve revised CUP for use of tennis complex
and convention center for other than hotel guests.
Director of Community Development reviewed his report, dated
November 2, 1983, and conditions, in particular, those relative
to prior Council concerns expressed at study session November
1 , and stated that the applicant has requested he be allowed
up to June 30, 1984, in which to complete the conditions.
He stated that Section 8 of the proposed resolution includes
the Council 's concerns, and that will be monitored.
In answer to question by Council , City Attorney stated that (78)
normally the review process would be a function of the Planning
Commission, but the Council could choose to do that, or direct
the Planning Commission to review the permit.
Mayor declared the hearing open, there being no apperances,
the hearing was closed.
Resolution 14798, approving the revised CUP was presented,
as recommended; after which, it was moved by Doyle, seconded
by Smith, and unanimously carried, that Resolution 14798 be
adopted.
PUBLIC COMMENTS
a) Don Lawrence, resident, commented on the Extraordinary
Hardship Increase portion of the proposed ordinance relative
to rent control (Item 6) , in terms of prospective tenants,
and agreement on rent. He stated that there should not
be a provision to include prospective tenants, and it
would be equitable to bring vacant apartments up to market
rate; that, in his opinion, the intent of rent control
is to protect the existing tenant, and not prospective (85)
tenants, and the effect of not including those would be
to decontrol rents on each unit as it becomes vacant,
and bring rent up to market rate; and that landlords should
be entitled to that until it is tested.
City Attorney stated that he is comfortable with the
language as written; that there have been cases of abuse
by landlords, i .e. , prospective tenant not being aware
of the base rent, or being told that it is more than what
is allowed under rent control , but not by how much, and
if that is not paid, then the unit cannot be rented; that
if a prospective tenant agrees with the landlord that
to charge the amount under the Rent Control Ordinance
would be a hardship, and voluntarily agrees to a charge
more than is permitted, such agreement should be in writing,
and it should be an informed agreement; that the Ordinance
is not clear that its intent extends to prospective tenants
' and believed that it was the intent to do so, and the
proposed ordinance clarifies that aspect; that he did
not believe there would be a great number of $300 "trips
' to the courthouse," nor was he aware of anyone having
collected one yet.
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Council Minutes '
12-7-83 Page 4 ,
PUBLIC COMMENTS (Continued) '
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Mr. Lawrence suggested that language be added that the
penalty would become effective only if it is not spelled '
out in the rental agreement.
City Attorney stated that the penalty provision is included
in another section, but does not address collection of czL
excess rents. (!35)
Allen Perrier, attorney, concurred that the prospective
tenant provision should be removed, and endorsed the
reinstatement of provision to permit the Commission to
make administrative rules. ,.
b) George Marantz, #6 Palomino, presented photographs of
RV parking on city property, and stated that a first-class r
facility should be provided; that room tax is collected
by RV parks, but people parking at Sunrise Plaza do not
pay, and City should not be in competition.
Director of Community Services stated that the City has,
for many years, sponsored trailer rallies, usually 10-30
units of the same type or make with a common bond, but
the other problem has been a long-standing one and more
so at this time of year and during Angels ' practice, and
is not supported by the Department.
City Manager stated that this is becoming a greater problem
in the sun belt, in that people are living on the streets,
not just visiting; and that the police enforcement is
not a high priority every night. He !stated that City
Attorney is addressing the problem in his work program,
and an easier enforcement might be forthcoming.
LEGISLATIVE ACTION:
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4. ORDINANCES FOR SECOND READING & ADOPTION (Intro. 11-16-83)
City Clerk read title of Ordinance 1204, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING i•
SECTION 9230.00 TO THE ZONING ORDINANCE ESTABLISHING A NEW (103 &
ZONE DESIGNATION, C-C (CIVIC CENTER) ZONE INCLUDING PERMITTED 149)
USES AND DEVELOPMENT STANDARDS, AND FURTHER GRANTING A CHANGE �.
OF ZONE FROM G-R-5 (GUEST RANCH) TO C-C FOR PROPERTY GENERALLY
BETWEEN BARISTO ROAD/LIVMOR AVENUE EXTENDIEiD AND EL CIELO "
ROAD/CIVIC DRIVE, SECTION 13.
and title of Ordinance 1205, as follows:
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AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
CERTAIN SECTIONS OF THE MUNICIPAL CODE CONCERNING MANDATORY (103)
SEWER CONNECTION.
It was moved by Doyle, seconded by Maryanov, and unanimously
carried, that further readings be waived, and that Ordinances
1204 and 1205 be adopted.
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Council Minutes
12-7-83 Page 5
5. MUNICIPAL CODE AMENDMENT - MUSEUM
Iw Recommendation: That the Council amend the Municipal Code
to repeal Chapter 2.36, relative to a public museum. Report
reviewed by City Clerk, noting that Chapter has never been
enforced since its adoption in 1956, and is not recommended
to be enforced, and should be repealed.
(103)
City Clerk read title of Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
REPEALING CHAPTER 2.36 OF THE PALM SPRINGS MUNICIPAL CODE,
RELATIVE TO A MUSEUM.
It was moved by Doyle, seconded by Smith, and unanimously
carried, that further reading be waived, and that the Ordinance
be introduced for first reading.
6. RENT CONTROL ORDINANCE & GUIDELINES
Recommendation: That the Council amend the Rent Control
Ordinance and provide codification thereof, and establish
guidelines for determination of a hardship increase.
City Attorney stated that there has been no opposition by
tenant groups which have reviewed the ordinance and guidelines;
that the guidelines have been upheld in every court in which
there has been a test of same; and that the intent of the (85)
ordinance, and that of the Rent Review Commission, is that
rent control extend to prospective tenants, and is seen as
a clarification of the existing ordinance.
Resolution 14799, establishing the guidelines, was presented;
after which, it was moved by Doyle, seconded by Smith, and
unanimously carried, that Resolution 14799 be adopted.
City Attorney stated that prospective tenant has caused some
r concern; that perhaps 10-15 people became aware that rents
were higher than what was allowed under rent control ; that
elimination of the language might be more significant than
its adoption, in that it would be tantamount to conclusion
that it was not intended to apply to prospective tenant; and
that thrust was to extend it to such tenants, but the language
did not say that.
City Manager stated that it is a policy judgement of the
Council .
Councilman Doyle stated that this is a situation of 100% of
every area being covered, and he did not read the initiative
ordinance to be that exact; that it infringes on the ability
'-� of some landlords to conduct business; and he would like to
see a revision.
► ' Councilman Maryanov stated that he believed the area of
prospective tenant needed to be restudied, and would like
to see the original initiative text, in that he understood
there was to be rent control on units below a certain rent
and if that is true, then the provision should be retained.
It was moved by Foster, seconded by Maryanov, and unanimously
carried, that the Ordinance be continued, in order to review
this particular area.
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Council Minutes
12-7-83 Page 6
HERE COUNCILMAN MARYANOV WAS EXCUSED FOR THE REMAINDER OF THE MEETING.
CONSENT AGENDA: y
7. Minute Order 3315 approving Change Order #1 to increase
engineering -services contract with Associated Engineers by (51)
$60,000, for a total of $325,808, for AIP 01 .
8. Resolution 14800 approving second 12-month time extension for (116
P.D. 122, for property at 323 W. Tahquitz-McCallum Way, for
office building.
9. Resolution 14801 approving Final Parcel Map 19154 to divide (119)
property on the SW corner of Ramon Road and So. Palm Canyon,
Morse Engr/Palm Canyon Associates.
10. Resolution 14802 approving third 12••month time extension for Cl
TTM 11559, and CUP 5.0218, for property on Mesquite, between L37)
Cerritos and Sunrise, Ervin/G. Dunham.
11 . Resolution 14803 approving FTM 17082, for property on the NE (137)
corner of Calle El Segundo and Andreas Road, Webb/United
Condominium Corp.
12. Minute Order 3312 awarding contract to Massey viand & Rock Co. , (1.36)
for reconstruction of Civic Drive, between Tahquitz-McCallum Y
Way and Baristo, in amount of $82,241 .
13. Minute Order 3313 awarding contract to Bolt Electrical (67. &
Construction, for renovation of two ball fields at De Muth Park, 1.09)
in amount of $81 ,260; and Resolution 14804 amending the budget
to appropriate $16,000 to cover additional funds, therefore.
14. Minute Order 3314 awarding contract to Unique Environment for (136)
Golf Club Drive island landscaping in amount of $57,030.
15. Resolution 14805 approving new lease agreement with the Senior (117)
Center, for 3-year term ending June 30, 1986.
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16. Resolution 14806 reciting facts of Consolidated Special Municipal (83) "
Election, and declaring results thereof.
17. Resolutions 14807 and 14808 approving Payroll Warrants and Claims (86) �r
& Demands.
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18. Resolution 14809 concurring in CRA actions phis date (Res. (124) "
182-184).
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It was moved by Smith, seconded by Foster, and unanimously
carried, Maryanov absent, that Resolutions 14EI00 through 14809
and Minute Orders 3312 through 3314 be adopted; Doyle abstaining � .
on Resolution 14809; and it was moved by Doyle, seconded by
Foster, and unanimously carried, Maryanov absent, that Minute
Order 3315 be adopted. � -
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Council Minutes
12-7-83 Page 7
19. SALES TAX ORDINANCE AMENDMENT
City Clerk read title of Ordinance, which brings sales tax (140)
ordinance into conformity with State law, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO
AMEND ORDINANCE NO. 351 IMPOSING A SALES AND USE TAX TO
BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION.
_ It was moved by Foster, seconded by Doyle, and unanimously
carried, Maryanov absent, that further reading be waived,
and that Ordinance be introduced for first reading.
20. REVENUE & TAXATION CODE - CLAIMS
Resolution 14810, designating Riverside County Counsel as (123)
agent for service of process for actions against City re:
Revenue and Taxation Code, was presented; after which, it
was moved by Doyle, seconded by Smith, and unanimously carried,
Maryanov absent, that Resolution 14810 be adopted.
21 . FTM 14416
Resolution 14811 , approving FTM 14416 for property at Bogie (137)
and East Palm Canyon Drive, Tumanjan, was presented; after
which, it was moved by Doyle, seconded by Smith, and unanimously
carried, Maryanov absent, that Resolution 14811 be adopted.
22. PA#1 TAX ALLOCATION BONDS
Recommendation: That the Council approve the issuance of (124)
CRA CBD Project Area Tax Allocation Bonds, 1984 Series A.
Resolution 14812 was presented, approving action as recommended;
after which, it was moved by Smith, seconded by Foster, and
unanimously carried, Maryanov absent, and Doyle abstaining,
that Resolution 14812 be adopted.
23. PALM DRIVE BRIDGE STUDY
' In line with study session discussion, Resolution 14813, (123)
amending the budget to appropriate $3,000 for participation
in feasibility study for Palm Drive bridge, understanding
there is no further obligation for funds, was presented; after
which, it was moved by Doyle, seconded by Foster, and
unanimously carried, Maryanov absent, that Resolution 14813
" be adopted.
24. ECONOMIC DEVELOPMENT COMMISSION
Mayor announced his appointments to the Economic Development (60)
Commission; after which, it was moved by Bogert, seconded
by Doyle, and unanimously carried, that the following
appointments be approved: Maryanov absent;
Tuck Broich, Wanda Hird, Russell Beirich, James Schlecht,
Doug Patterson, Curt Ealy, and Bob Flavin.
REPORTS & REQUESTS:
/ 25. CITY COUNCIL reports or requests - None
t 26. PUBLIC reports or requests - None
Council Minutes
12-7-83 Page 8
27. STAFF reports or requests +I
a) Received & ordered filed the Nuisance abatement proceedings
& acccounting reports relative to weed abatement program,
city-wide. City Clerk to set hearings thereon.
ADJOURNMENT
There being no further business at 9:30 p.m. , Mayor declared
the meeting adjourned to Tuesday, December 13, 1983, at 3
p.m. , in the Large Conference Room, City Nall .
JUDITH SUMIC-H M
City Clerk
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