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HomeMy WebLinkAbout4/20/1988 - MINUTES CITY OF PALM SPRINGS CITY COUNCIL MINUTES APRIL 20, 1988 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Bono, in the Council Chamber, 3200 Tahquitz-McCallum Way, on 1;ednesday, April 20, 1988, at 7:30 p.m. ROLL CALL: Present: Councilmembers Apfelbaum, Broich, Foster, Neel and Mayor Bono Absent: None The meeting was opened with the salute to the Flag and a moment of silence. REPORT OF POSTING OF AGENDA: Report of City Clerk: Agenda posted in accordance with Council policy on April 15, 1988. COMMUNITY REDEVELOPMENT AGENCY: No Business MAYOR PRO TEM: Election of Mayor pro tem Mayor called for nominations for Mayor pro tem; after which, Sharon Apfelbaum was nominated by Councilmember Broich; there were no further nominations; and Sharon (70) Apfelbaum was elected Mayor pro tem. PUBLIC HEARING: 1. FISCAL YEAR 1988-89 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Recommendation: That the Council hold the first required public hearing and receive public comment on the allocation of Fiscal Year 1988-89 Community Development Block Grant Funds. Economic Development & Housing Specialist reviewed the report of the Director of Community Development, and stated that the 1987-88 entitlement is $320,000; that several requests for funding have been submitted; and explained how the funds (85) may be spent, including an amount allocated for administration of the program, which also includes the Fair Housing Program, and the economic development marketing program. In answer to question by Council , she stated that not all funds were used from last year; and in some instances, carry over has intentionally occurred, in order to have sufficient funds to accomplish a particular project. She also stated that the DARE program is one which would be eligible for funding. Mayor inquired if anyone wished to be heard. Rosemary Sweet, Catholic Charities, Nightingale I-louse, and the Housing Authority, stated that the Shelter was opened in January, and represents the product of joint private, public, and nonprofit agencies, and urged that the Council continue support of its operation. Council Minutes 4-20-88 Page 2 1. CDBG (Continued) Joanne D'Amico, Housing Authority, stated that a 16-room run-down hotel was converted for the shelter; and urged that the Council consider a $15,000 funding for a proportion of the operating cost. Yvonne Tack (sp?) stated that she has an agency for rehabilitating female drug and alcohol users, and is ready to open a 6-person live-in facility, but requires funding for three months; that the facility would be through volunteers for the first four months; and requested consideration of $18,000 in funding. Cora Crawford, 460 Las Vegas Road, requested that the Council consider an unspecified sum to provide beautification in the Desert Highland-Gateway Area, i .e. , street trees on Indian Avenue, Tramview, and Las Vegas Road, property clean up for qualified seniors and single-parent families. She stated the program would create jobs in the community, and help people to help themselves. Joyce Mitchell , Wings of Love Ministries, requested assistance in a three-month budget for a nonprofit facility at 113 S. Indian Avenue, to provide training of domestic help to serve dinners and banquets, and to serve as a liaison between employers and employees in the field of domestic help - the request was for $5,000. No action required - second hearing to be held May 4, 1988. 2. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM-CITIZEN PARTICIPATION PLAN Recommendation: That the Council approve the Citizen Participation Plan for the Community Development Block Grant Program. (85) Economic Development & Housing Specialist reviewed report of the Director of Community Development, and stated that the approved plan must be submitted to HUD. Mayor declared the hearing; there were no appearances, and the hearing was closed. Resolution 16449 approving the Plan, as recommended, was presented; after which, it was moved by Foster, seconded by Apfelbaum, and unanimously carried, that Resolution 16449 be adopted. 3. C.U.P. 5.0465 NAIMCO INC. APPEAL Recommendation: Consideration of appeal by Chris Mills, representing NAIMCO from Planning Commission denial of CUP to install kitchens in units of hotel at 1433 N. Indian Ave. (78) Planning Director reviewed the report: of the Director of Community Development, which was reviewed in detail at the last study session. He stated that the Planning Commission concluded that the parking problem was not going to go away, and asked that the Redevelopment Staff look into the what possibilities the redevelopment process might achieve on this project; that the Council could uphold the Planning Commission, or overrule it, and if appeal is granted, staff recommended that the condi- tions in the proposed Planning Commission resolution be included; and that the property has been boarded up for Council Minutes 4-20-88 Page 3 (1 4 0 3. CUP 5.0465 (Continued) In answer to question by Council , he stated that no proposal was submitted to change the exterior of the building; and that the architect has said that it would be operated as a hotel , and the Commission does not get involved with rates. Mayor declared the hearing opened. Chris Mills, 121 S. Palm Canyon, Architect for the project, stated that the property owner took the property back (78) from the person who started doing the illegal work, which was red-tagged; that 12 of the units have kitchens which have been in place for many years; that the additional kitchens are prefabricated; that the parking problem exists whether the property is operated as a hotel , or as apart- ments; that the owner wishes to offer the same amenity for all units, and is looking for a longer-staying guest; that there are no drawings yet, but the intent is to upgrade the front and landscaping, which could be a condition of approval ; that if the appeal is denied, the owner could simply reopen the property, no upgrade could be required; that the owner is willing to commit to a hotel operation; and that there is no loss of parking, since there is no parking, however, 18 spaces probably would be required under the Code. Jim Stuart, North Palm Canyon Advisory Committee, stated that it approved the project, because the members thought it better to have an upgraded site under controlled condi- tions, with the possibility of housing for service type employees, than the existing circumstances; and that there is vacant property to the south, which possibly could be used for parking. Jim Shaw, 120 Vereda Sur, stated that he owns property across the street, and not all service people have cars, and others living in similar units in the area, have three cars; that as many as five to eight people live in these little places; that the project is a bandage approach; that redevelopment is needed, if it is to be done properly; that the owner is an absentee owner, and does not plan to operate the property; that any stay longer than 30 days will mean no room tax to the City; that if the vacant lot is used for parking, it will become trashy; and he urged upholding the Planning Commission. There were no further appearances, and the hearing was closed. Councilmember Apfelbaum stated that the property and surrounding area are dilapidated, and ideal for redevelop- ment. It was moved by Apfelbaum, seconded by Foster, and unani- mously carried, that the Planning Commission denial be upheld. It was moved by Apfelbaum, seconded by Foster, and unani- mously carried, that the Redevelopment Agency be requested to look at the possibility of land assembly and development for this area. Council Minutes 4-20-88 Page 4 PUBLIC COMMENTS: a) Jeanette Hardenburg, Rent Review Commission stated that she disagreed with the City Attorney's recommenda- tion concerning the amendm--nts to the Rent Control ( 85) Ordinance, and if the Council did not wish to follow the Commission 's recommendation, the matter should be returned to the Commission for input. b) Alexander Grovue, 1111 E. Alejo Road, stated that the annual expense for police overtime and additional enforcement during Easter Week is wasteful , and suggested a low-intensity, pedestrian, family festival downtown during Easter Week, moving Highway III to parallel commercial streets. He stated that the event would discourage cruising, and increase business down- town. Mayor requested that he submit additional inform- ation. c) Jeremy Crocker, 330 W. Arenas Road, read a prepared statement, a copy of which is on file with the City Clerk, regarding the positive impact of wind power in the mix of factors which determine SCE rates. He (89) noted that based on a 7.8¢ pkh rate, nearly 572 million kilowatt hours were consumed; and based on his research, SCE purchased approximately 426.5 million kilowatt hours of power generated by the wind turbines in the San Gorgonio Pass. d) George Goldberg, Palm Springs, congratulated the Mayor upon his election; scolded him for being polite to the former mayor; commented on harassment by City officials and employees; and stated) that it is time for a change. e) Dr. Friedman, 449 E. Arenas, #401, questioned what the City's policy is on trimming trees; stated that he was not able to find a policy; and that he has a person who has offered to trim trees for $35 per tree. f) Ody Lee, Desert Political Action Association, spoke in favor of amending the Rent Ordinance to require the attendance of a full commission before a decision may be made. He reviewed in considerable detail , including reading three letters, in full , which were sent to the Mayor, Council and City Attorney regarding the posting of signs in mobilehome park offices concern- ing rent control regulations. ( 85 ) City Attorney stated that the specific requirement to post signs is not included in the amendment. He explained the background of the hardship increase guideline relating to allowing mortgage interest as an expense in determining hardship, and the Council 's most recent decision to wait for the Appellate Court decision before taking specific action on relief for those who purchased property in reliance upon that guideline, before it was repealed. Council Minutes 4-20-88 Page 5 P42 g) Hunter Johnson, 245 S. Palm Canyon, submitted a letter from Palm Springs Main Street, indicating that the Downtown Business Improvement Association and Palm Springs Now have formed the Board of Directors of the main street program; and requested that Council (70) and staff be represented, specifically, by Councilmember Broich and Redevelopment Director Feenstra. LEGISLATIVE ACTION: 4. MUNICIPAL CODE AMENDMENT RENT CONTROL Recommendation: That the Council adopt ordinance to provide for the limited appointment of a Commissioner pro tem to codify the procedure to initiate Commission proceedings, to require action by Commission to be taken by vote of majority of entire Commission and to clarify other portions of the (85 ) rent control ordinance. City Attorney stated that the recommendation, and report, are as recommended by the Commission ; that at the study session, he indicated that from a technical standpoint, he did not recommend that the Council limit its ability to act without first referring a matter to the Commission, although to do so is recommended as good policy; that a requirement for a decision of the Commission to be made only if by a majority of the full commission is one which is not imposed on the City Council , nor on other Commission's, with the exception of ordinances and actions for payment of funds, which requires a three affirmative votes of the Council , and urgency ordinances which require a 4/5 vote. He stated that these matters were noted from a technician' s standpoint. He stated that if the Council desired to adopt the rule of three votes, that Section 4.04.030 be amended, to read, ". . .taken by the affirmative vote of a majority of the entire commission. . . . " Motion by Broich to waive the reading and introduce the ordi- nance, with the above change noted by the City Attorney, failed for lack of a second. It was moved by Apfelbaum, seconded by Foster, and carried by the following vote, that the Ordinance be tabled, pending further review: AYES: Apfelbaum, Foster, Neel & Bono NO: Broich ABSENT: None 5. Z/C 5.0450 - CULVER NICHOLS (SECOND READING - Intro 4-6•-88) Planning Director reviewed this matter, which had also been (149) reviewed in detail at the last study session. City Clerk read title of Ord 1298, regarding a change from G-R-5 to R-2 and 0 for 7.5 acres located on the south side of Vista Chino and westerly of Sunrise Way, Section 11. It was moved by Neel , seconded by Apfelbaum, and unanimously carried, that further reading be waived, and that Ordinance 1298 be adopted. 6. ADDITIONAL LEGISLATIVE ITEMS - None Council Minutes (r �•" 4-20-88 Page 6 CONSENT AGENDA: 7. Res 16450 approving final parcel map 21270, J.F. Davidson Associ- ates, Inc. , representing C.G. Dunham end Arlene Dunham to divide (119) property located west of South Palm Canyon Drive, north of Murray Canyon Drive, `.section 34. 8. Res 16451, 16452, and 16453 approving Payroll Warrants and Claims & Demands. (86) It was moved by Foster, seconded by Apfelbaum, and unani- mously carried, Neel and Bono abstaining on Resolutions 16451, 16452 and 16453 that Resolutions 16450 through 16453 be adopted. ADDED STARTERS - None REPORTS OR REQUESTS: 9. FRANCHISE REPORTS - Received for filing a) Southern Calif. Edison - $446,007. 11 b) Southern Calif. Gas - $148,537.28 (89) 10. DEPARTMENTAL REPORTS - Received & Ordered Filed a) Treasurer' s Monthly - December, 1987 & January, 1988 (121) CITY COUNCIL reports or requests a) Councilmember Broich requested that consideration be given to establishing a single 'Four-year term for 1:60) board and commission members, and that a full one year lapse before any person may be appointed to another board or commission at the end of his term; and that two new commissions be considered - one for signs, and one for the Convention Center. PUBLIC reports or requests a) Deyna Hodges, member of the Rent Review Commission suggested that the Council meet with the Commission (135) to review the proposed ordinance amendments, and other issues of concern. STAFF reports or requests a) City Manager• requested that the Council convene in study sessions at 2 p.m. , instead of 3 p.m. , for the next several meetings, in order to cover the extra items to be reviewed. Consensus: approved. b) City Manager suggested 11 dates for the budget session review. Consensus: Approved review starting at 8:30 a.m. on June 14, 1988. ADJOURNMENT There being no further business, Mayor declared the meeting adjourned. JUDITH SUMICH City Clerk