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HomeMy WebLinkAbout1994 - MINUTES - 12/14/1994 CITY OF PALM SPRINGS CITY COUNCIL MINUTES DECEMBER 14, 1994 An Adjourned Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Maryanov, in the Council Chamber, 3200 Talrquitz Canyon Way, on Wednesday, December 14, 1994, at 5:30 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ' ROLL CALL: Present: Councilmembers Hodges, Kleindienst, Lyons, Reller-Spurgin, and Mayor Maryanov Absent: None The meeting was opened with dne Salute to the Flag, and a moment of silence. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on December 9, 1994. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION(All Entities)- See items on Page 3 of agenda this date. INTERAGENCY REPORTS: a) Councilmember Hodges stated that ajoint commission dinner has been scheduled for January 9, 1995, which is the date of the CVAG mid-valley parking hearing, which she will attend; also Councilmember Kleindienst. City Manager to reschedule the dinner meeting. b) Councilmember Lyons retracted a statement lie made two weeks previously of his then understanding that Mr. Don Frank was moving out of town; that he was misinformed; that none of Mr. Frank's family is moving; and that he apologized for any imposition this may be caused to Mr. Frank. He also reported on the status of ' activity of the CVAG Energy & Environment Committee; and success in securing support of other Valley and regional area cities, and local building industry association, regarding electrical distribution deregulation. c) Councilmember Kleindienst reported that the Sunline Taxicab committee has received the report, and it will be on its January agenda. PUBLIC COMMENTS: a) Comments Concerning Item 1: Philip Klatchko, Civic Drive, spoke in favor of the ordinance, indicating that it will allow his clients to continue with a conversion of hotel to condominiums, under a (103- conditional use permit, and will give the Planning Commission control over the conditions. Brett Taylor, Ekbo Realty, urged approval, indicating intent to convert two hotels, which will otherwise be delayed without the urgency ordinance. Marvin Roos, Mainiero Smith, also supported adoption of the ordinance. b) Roland Pappas stated he was available for questions concerning Item 3. LEGISLATIVE ITEMS: 1. URGENCY ORDINANCE Recommendation: That the Council approve an Urgency Ordinance for the adoption of Interim Regulations for the conversion of existing hotel properties to condominium hotels for transient occupancy. Director of Planning & Building distributed a second revised report, and explained that the (103- ordinance defines a condominium hotel, establishes interim standards to allow consideration of the use, outlines types of uses that the Commission and Council may consider in reviewing this type of application, applies only to properties which have been operated as a hotel, focuses use in R-2 and R-3 zones; requires maximum 180 day owner occupancy, and when not Council Minutes 12-14-94, Page 2 1. URGENCY ORDINANCE (Continued) occupied, the unit must be in the hotel-operated bank of units for rental; that in addition to the normal type of conditions, the impact on the permanent rental stock may be considered, as well as impact on city services, non conforming issues regarding the General Plan and zoning. In answer to question by Councilmember Hodges, City Attorney explained that under current , State Law, a moratorium which does not permit any development is not proper, rather, interim zoning standards must be provided which conditionally allow development to occur during an interim period when final standards are being considered; that the normal amendment process can take 90-120 days, requiring public hearings before the Commission and Council. Director of Planning & Building stated that the interim ordinance is valid for 45 clays, after which a public hearing is required to extend the time period; that the recommended interim standards provides a starting point toward the final ordinance; that the developers would miss the current "selling" season if they waited for the final process; that the properties are distressed, and the City is anxious to have them upgraded as quickly as possible. Councilmember Kleindienst stated that because of a potential conflict with a potential client relationship, he would abstain. In response to questions by Council, Director of Planting & Building reported that the maximum owner occupancy was initially to be 30 days, so there would be turn over of the units;that one property owner was concerned because there will be units without kitchens; and that the 180 day occupancy probably will be during off season. City Attorney stated that conditions may be attached during the CUP process; that the ordinance creates the outside limits for consideration; that staff felt there was not enough data regarding the appropriate length of stay, and agreed with the 180 days;that if the number were left at 180, and a condition applied to a lower number, there would have to be something in the record as to the issues and concerns for reducing the number. ' Mayor stated that he preferred 120 days; that he wants to see die properties redeveloped, and likes the condo-hotel,but has concerns about creating substandard housing; that he would like input from the Board of Realtors, as well as information as to the experience in other states. In answer to question by Council, Director of Planning & Building stated that tine proposal is to create condominiums of those hotel rooms without kitchens; that the Commission may be recommending or requiring that kitchens be added, or units consolidated; that as long as the City Attorney is satisfied that conditions may be added, and when the:details of the application are looked at, conditions are established. Councilmember Reller-Spurgin agreed with the concern that the project not become cheap housing, or create safety hazards; that she had no problem with the 120 days, and questioned if the staff had seen how the developer will fix up the units, and her understanding that only one project is being painted and a little cleanup. Director of Planning & Building stated he staff is working with the developer, and have seen more work than that; that he has seen new interiors, exterior improvements, some facade work, some structural, and each property is unique; and that the Con mmission's concern is that it should not be only cosmetic; changes. He stated that the permit would be subject to final approval of the Commission, unless appealed to the Council. Councilmember Hodges stated that she opposes urgency ordinances; that she thinks the projects are good, and did not want to hold up the progress on these properties; and she would meet with the City Attorney to clarify "interim" and "moratorium" differences. , City Clerk read title of Ordinance 1488 as recommended, was presented; after which, it was moved by Lyons seconded by Reller-Spurgin and unanimously carried, Kleindienst abstaining, that further reading be waived and that 01488 be adopted, with revision to limit owner occupancy requirement to 120 days. Council Minutes 12-14-94, Page 3 2. ANALYSIS OF IMPACT OF MEASURE KK Recommendation: That the Council provide direction regarding the analysis of impact from the adoption of Measure KK and review recommendations from the Rent Review Commission regarding the promulgation of appropriate administrative guidelines. ' Rent Control Coordinator highlighted revised memorandum of City Attorney,which represents the consensus of comments at the Rent Control Commission joint City Council dinner meeting at which this subject was discussed. (085- Councilmember Klehulienst slated he would abstain for reasons previously recorded, for which 004) a legal opinion has not been rendered. Councilmember Hodges stated that the guidelines should be implemented as presented. Mayor stated that there are pros and cons to the issues; that it would not be fair to waive the penalty on some and not on others, and that the assessment was levied prior to the matter being on the ballot. Councilmember Reller-Spurgin noted that the fees were delinquent October 1, and some owners paid those fees and the penalty; and everyone should be on the level of rules. It was moved by Hodges, seconded by Reller-Spurgin, and unanimously carried, Kleindienst abstaining, that the City Attorney prepare Rent Commission guidelines as recommended. 3. SUNWEST SPORTS PARK INC. Recommendation: That the Council approve a first amendment with Sunwest Sports Park, Inc., for the construction and operation of batting cages at Demuth Park. A3238. ' City Manager highlighted the memorandum of the Director of Public Works. (109- Discussion followed concerning the effect of the action on the existing lease, and the terms of 005) the leasehold. City Attorney explained that if the lessee defaults on its loan from the lender, the lender becomes the lessee and assumes those responsibilities under the terms of the lease; that the encumbrance is on the leasehold interest and not the real property; that the lender may sell the loan, and the buyer assumes the same role, and is subject to the same terms and limitations. Minute Order 5482 as recommended, was presented; after which, it was moved by Hodges seconded by Lyons and unanimously carried, that MO5482 be adopted. ADDED STARTERS: None REPORTS OR REQUESTS: COUNCIL reports or requests - None STAFF reports or requests - None ADJOURNMENT There being no further business, Mayor declared [he meeting adjourned. DIT -SUMICH City Clerk