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HomeMy WebLinkAbout1995 - MINUTES - 1/18/1995 001) CITY OF PALM SPRINGS CITY COUNCIL MINUTES JANUARY 18, 1995 A 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 Tahquitz Canyon Way,on Wednesday,January 18, 1995, at 6:00 p.m., at which time, the City Attorney announced items to be discussed is 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 the Salute to the Flag, led by Boy Scout Troop 199 and an invocation by Josephine McCall, First Church of Christ Scientist. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on January 13, 1995. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 4 of agenda this date. PRESENTATION: Proclamation to Police Chief Bill Valkenburg; and PSHS Student Body Report HOUSING AUTHORITY:INDUSTRIALDEVELOPMENT AUTHORITY:FINANCING AUTHORITY- No Business COMMUNITY REDEVELOPMENT AGENCY: No business APPROVAL OF MINUTES: It was moved by Kleindienst,seconded by Hodges, and unanimously carried (hat the Minutes of November 7 and December 21, 1994 be approved. ' PUBLIC HEARINGS: 1. INTERIM URGENCY ORDINANCE EXTENSION Recommendation: That the Council consider the extension of Interim Ordinance 1488, establishing a definition of condominium hotels, and interim zoning regulations for the conversion of existing hotel properties to condominium hotels in R-2 and R-3 zones, for 10 months and 15 days. Director of Planning&Building reviewed the staff report; and added that a request had been made to extend the maximum stay from 120 days to 180; and requested the Council consider the Conditional Use Permit change from a Type I to a Type 11, which would allow for an automatic review by the Council, for the CUP to be tracked along with the tentative tract map approval t 103- process; and that this matter is procedural in nature. Councilmember Kleindienst stated lie would abstain due to potential ecaflict of interest. Mayor declared the hearing open. Philip Klatcho, representing Desert Equitable Realty Inc., stated when the Ordinance came before the Council, the maximum stay was for 180 days; that questions were raised regarding the matter; that there were representatives attending the meeting t(, address the concerns; and that the Council reduced the maximum stay to 120 days; that his client has the same type of dwellings in Florida; that the goal for this type of dwelling is to have it rented when the owner is not using it; that most of the units are single-room units; that usually the owner of the dwelling will use the unit many times during a year, with each stay being relatively short; that this concept is popular; that renting the unit helps defray the cost of ownership; that downpayments for this type of unit is 20% -30% and the monthly maintenance is around $275/mo; that a potential buyer weighs the cost of buying this type of unit versus a single-family rcsidence; that a typical buyer will not stay over 120 days, but limits potential buyers and raises questions during the marketing process that impedes sales of the units; that the maximum slay does need to be clarified whether it is accumulative or consecutive; and requested the Council consider approving the Ordinance, to increase the maximum slay to 180 days to assist the developer with marketing concepts; and added the architect, Chris Mill, was also available for questions. Council Minutes 1-18-95, Page 2 There being no further appearances, Mayor declared the hearing closed. Councilmember Lyons stated that the concern of the Council is that the units do not become peumment residential units; and suggested a compromise of 150-day maximum stay. Councilmember Hodges stated that it would be agreeable to work towards a compromise; that the Council should avoid turning the units into permanent residential units, and that an alternative ' would be to prohibit lengthy consecutive stays. Director of Planning and Building stated that the maximum stay is set:by gross days; that further restrictions could be imposed; that as a Conditional Use Permit, each permit is evaluated separately; that during the Planning Commission meeting, discussion ensued regarding the length of stay; that smaller hotels have built their businesses on people renting units for extended lengths of time; that the Planning Commission recormnended that the stay not be a permanent stay; and that each application would address the issue in the CC&R'S and the Conditional Use Permit process; and that applicants could be consulted individually regarding maximum length of stay. In answer to question by Council, Mr. Klatcho stated that normally there is not a limit in cities where these types of units are rented; that the restriction is that there is no full-time occupancy allowed; that each individual room operator, and the hotel operator, has a vested interest in the occupancy of the unit;and that the hotel must be viable, and continue to generate income for both parties. Assistant City Clerk read title of Ordinance 1501 as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING THE INTERIM ZONING REGULATIONS OF OIDINANCE 1488 FOR THE CONVERSION OF EXISTING HOTEL PROPERTIES TO CONDOMINIUM- HOTEL AS HEREIN DEFINED AND DECLARING THE URGENCY THEREOF'. It was moved by Lyons, seconded by Hodges, and unanimously carried to waive further reading; and it was moved by Lyons, seconded by Hodges, and carried by the following vote, that , Ordinance 1501 be adopted, revising maximum day stay to 180. AYES: Hodges, Lyons, Reller-Spurgin and Maryanov NOES: None ABSENT: None ABSTAIN: Kleindienst 2. ZTA 5.0400 - ZONING ORDINANCE AMENDMENTS Recommendation: That the Council approve seven amendments to the Zoning Ordinance, including provisions related to definitions; R-1, CBD and other commercial zones; M zones; Airport Zone; walls, fences and landscaping; and to conditional use permits, specifically adding swap meets to require a Type II permit. Director of Planning & Building reviewed the staff report and added that the first matter refers to definitions;and recommended that the matter regarding building height be referred back to the (103- Planning Commission, due to additional concerns that have been raised regarding the issue; that 01:3) the term of recreations facilities definition has been changed to recreational facilities,commerical; that the Planning Commission did debate the issue concerning bright lighting,and consensus was that the current ordinance did address the concern; that the Planning Commission stated that video arcades in the CBD should be by right of zone as an accessory use and conditional use permit; that application had been made regarding a hotel arcade; that a letter from Crystal Fantasy had been received endorsing the approval for the arcade, as well as endorsement by Jerry O.-burn, Downtown Development Director; that adjustments had been made to the C-1 zone to allow ' auction houses by Land Use Permit, and adding of automobile sales by conditional use;permit; that provisos were added to the C-lAA to be consistent with the General Plan; that the C-2 zone will allow the use of bathhouses under a conditional use permit; and that for setback of the MIP zone would be standard 10' landscaped setback required in other instances throughout the city to allow for additional parking; that nightclubs in the M1 Zone will be by conditional use permit; that the Airport Zone does have substantial changes; allowing Airport related office buildings, and other uses permitted in the MIP zone to be added; that in Section 9302.00, the corner cutoff definition changed to allow an additional 6" of height; that a concern was expressed by Councilmember Kleindienst regarding the height; that the height limit could remain the same; that there is a recommendation for the height of wall and fences in the front yard of multi-family residential Council Minutes 1-I8-95, Page 3 zones to be raised to 6'; that issues have been raised regarding security, and privacy; that design review could be, conducted on each request; and that conditional use permit definitions will add swap meets to require a Type II conditional use permit in any zone; and that Type II permits do require both Planning Commission and City Council approval. Councilmember Kleindienst stated that the recommendation regarding building coverage adjustment is more agreeable; that the terminology of bathhouses should be replaced with the word "spa"; that corner cutbacks which limits landscaping of 30" in height, is for visual access of an intersection; that the proposed increase is stated at 6",but that the measurement standard changes would depend on where the measurement is taken, that in actuality the proposed standard of measurement could change the height up to 3', and recommended remaining at the 30"; that the increase of height of front walls in multi-family residential zones is of concern; that currently the City has an open corridor look to it, but by allowing front walls to be increased to 6' would dramatically change the view of any street; that the 'open community" look to Palm Springs would be lost; that the concern for security, and the dying of oleanders is understandable, but, if one looked at, for example, Alejo and Sunrise Way, a fine example of architecture is viewed; that to place 6' walls down the street would destroy the entire viewscafie of the area; and he expressed discomfort with the aspect of the recommendation. Mayor expresser) appreciation of having an architect on the council; and added that the wording of bathhouses was also a concern to him; and requested the Director of Planning & Building address the visual traffic issue. Director of Planning&Building staled that some small hotels did have an issue regarding privacy and security; that visual impact is an issue; that the Planning Commission will consider each request on a case by case basis; that to rely on that authority, the Council would have to have confidence in the Planning Cormu fission; that the Planning Commission has examined the issue carefully; and that people have expressed a need for increased security, and for privacy, that current recommendation is that one may come out to 5' of the setback, with a wall height of 6', but it is not a requirement; that currently there is a measurable amount of code enforcement done regarding corner cutback landscaping, and that remaining at the 30" would allow the enforcement ' to remain the same, and not increase; that the zoning ordinance will be coming before the Council on a frequent basis, and that the Council could refer any portion of the ordinance back for further review. Councilmember Lyons stated that the concerns of Councilmember Kleindienst are shared; but that some hotels have indicated a great concern for the additional security. Mayor declared the hearing open, there being no appearances, the hearing was closed. Councilmember Hodges stated that in her opinion, the 6' height for front walls was not an issue; and that the Council should rely on the Planning Commission to consider and evaluate those requests. Mayor concurred with Councilnember Hodges. A motion was made by Lyons to approve the Ordinance with revision of wording from "bathhouses" to "spas", retaining the 30" landscaping requirement regarding corner cutbacks, and referring front wall heights to the Planning Commission for further consideration. Director of Planning & Building stated that in his opinion the Planning Commission will submit the same recommendation regarding the front building height of walls; that the ordinance proposed is clear that the maximum height may be built at 6', and not a requirement that the front walls be built at 6'; and recommended the Council approve the Ordinance without the section pertaining to wall height. ' Motion by Lyons was amended to waive reading, and introduce the Ordinance for first reading; subject to language change from "bathhouses" to "spa's", and retain the 30"height limit in comer setbacks. In answer to question by Council, the Planning Director slated that any action of the Commission can be appealed, and 0ue ordinance contained language (hat the wall height is based on a request and subject to architectural approval. He stated that the City Council can appeal a Planning Commission decision, or the applicant can appeal; and that the normal time limit for appeals is a 10-days after the decision is rendered. D012 Council Minutes 1-18-95, Page 4 Assistant City Clerk read title of the Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING ORDINANCE IN REGARD TO DEFINITIONS FOR BUILDING COVERAGE & (103- HEIGI-TT;THE PROVISION FOR NEW USES IN SEVERAL COMMERCIAL&INDUSTRIAL 013) ZONES; AN INCREASE IN HEIGHT OF FRONT-YARD WALLS IN MULTI-FAMILY RESIDENTIAL & C-M ZONES; A REDUCTION IN CERTAIN SETBACKS IN THE M-1-P ' ZONE; AND VARIOUS OTHER MISCELLANEOUS AMENDME^PTTS. Motion was made by Lyons, was seconded by Hodges, and unanimously carried, to waive further reading; and that Ordinance be introduced for first reading, revising word language from "bathhouses" to "spas", and retaining the 30" height limitation in corner cutbacks. INTERAGENCY REPORTS: a) Mayor reported on meeting with Jerry Ogburn, Special Events Coordinator, City Manager and Reggae Officers; that a positive call regarding the quality of security had been received from Mayor Bradley regarding the proposed concert; that the: concern is for a fill W-day Spring Break; that a memorandum was received from the Director of Public Works regarding the recent graffiti; he also stated that steps are being taken to resolve the problem. Councilmember Roller-Spurgin stated that spray paint cans :are readily accessible at K- Mart and questioned why the Graffiti Ordinance was not being enforced. Director of Public Works stated the matter will be investigated and a report will be given at the next meeting. Mayor read various letters of correspondence, as on file in Office of the City Clerk; and requested Aviation Director report to the Council regarding the Riverside County Aviation Committee propose, staff terms and meeting tithes. b) Councilmember Kleindienst slated that the P.S. Event Partnership will be meeting on , Friday; that Sunsplash will not be snaking an appearance in Palm Springs; That concerts for the summer are being considered, such as Willie Nelson; and that ideas are being generated for Spring Break for a 2 clay-2 night concert. Consensus of the Conncil was that events at Angel Stadium be placed on the February 1, 1995 agenda. ]PUBLIC COMMENTS: a) Comments regarding matters not on the agenda. Keith McCormick, 787 Dryfalls Road,President of P.S. Exotic Car Auctions, stated that flyers were being passed throughout the City for a car auction to be lield during the Spring Break tinneframe in conjunction with [lie City of Palm Springs; that liability for this type of event is tremendous; that the promoter on the flyer does not list an address; that the flyer further states that over 1,000 cars will be on hand; and that lie is willing to volunteer his services in coordinating Spring Break. Linda Sorda, San Janeito Estates, expressed anger at the Council action regarding a Reggae concert at Angel Stadium; and stated that it is an insult to the entire Community to consider a concert to be held in the heart of Palm Springs; that the stadium only seats 5,000 people; that the estimated turnout is 25,000; and questioned where the volume of cars would be parked; that the area around Angel Stadium is comprised of residential, nursing homes, and the Senior Center; and that every citizen will be impacted by this type of concert. Michael Anthony Holmes, Golden Sands Trailer Park, stated that his lives one block away from a pediatric care center; that he is not anti-semetic; but that he would like to address the issue of circumcision; that he has been harassed by the police; that his freedom of speech right have been violated. Mayor directed the City Manager to investigate the allegation of police harassment; and ruled Mr. Holmes other comments offensive, and further out of order at which he terminated comment. Council Minutes 1-18-95, Page 5 Dick Sorda, also commented on the use of Angel Stadium; and expressed his opinion of Jerry Ogburn and the entire issue of bringing back Spring Break, which he considered stupid because it costs the City $250,000, and the Police Chief cannot guarantee the safety of the citizens. Don Frank, Palm Springs, expressed opinion regarding the Mayor's action relative to ' Mr. Holmes speech; that he felt there has been a misuse of Community Redevelopment Funds; and questioned each Councilmember whether they would be willing to call the Grand Jury to investigate the actions of the Council. Darrell Meeks, Palm Springs, expressed thanks to Craig Prater for the effort put forth for the Film Festival; that concerts during Spring Break is not a good idea; that even though business may be stimulated, the negative aspects outweigh any positive; and he questioned if local vendors had been considered regarding the purchase of the police cars. Fred Ebeling, Palm Springs,expressed apologies to the Members of the Council for past statements he has made; that crime needs to be,eliminated in the City; and added that he tries to be positive and constructive in his comments. Mayor stated that the Council did consider concerts at a previous study session; that Members Hodges,Lyons,Reller-Spurgiu and himself made it clear that a Reggae Concert during Spring Break is not wanted; and that there will not be a concert; that regarding consideration of any other concerts, the matter is not on the agenda and cannot be discussed; that the P.S. Event Partnership is doing a good job; that a Jr. tennis tournament will be held during the period of Spring Break; that this is a national event; that there are other ideas and events the coordinator is working on that will work well in the community; that answers will be obtained regarding the Classic Car auction; that constructive suggestions need to be made regarding the prevention of crimes; that the police department is presenting new ideas to help the community; that the utility tax was passed to maintain the police and fire departments; that in reality those safety forces need ' to be expanded; that the Council has passed a disaster preparedness plan; that even though the Council is progressing, a large part of any plan is to have the citizenry prepared; that everyone needs to view the earthquake in Japan as an example, and to prepare to take care of themselves with emergency rations for I - 2 days. Councilmember Lyons stated that the Council was adamant regarding not holding a Reggae concert at Angel Stadium during Springs Break. Councilmember Hodges stated that she viewed the rerun of the Study Session video on Saturday; and that even though it seemed during the meeting that the Council was clear regarding the concert, she was the only one who was adamant about not holding the concert. Councilmember Reller-Spurgin thanked Mr. Ebeling for the apology expended. LEGISLATIVE ACTION: None CONSENT AGENDA: Note: Items 3 and 6 were acted on by separate motion. Concerning Item 3, clarification was made regarding life expectancy and payoff of the machines. Item 6 was clarified regarding joint purchase with San Diego. 3. MO 5492 approving purchase of a printing press, and other related equipment from AM (084- Multigraphics to replace and upgrade existing aged equipment, for $74,785.61; and Res 18545 011) ' amending the budget to appropriate said amount therefore. 4. Not used 5. Motion approving agreement for the dismissal of lawsuit, with prejudice (William McWethy, Jr. (133- et at vs. City of Palm Springs, Case Number 169557, Superior Court of Riverside County Indio, 005) and Palm Mountain Company et al vs. City of Palm Springs, et al, Case Number I 69860, Superior Court of Riverside County - Indio.) Conl'd to 2/1/95. 6. MO 5493 approving purchase of 12 police units through cooperative purchase, at a unit price of (084- $16,696 per unit, plus $86 upgrade and tax, for a total of$218,284.26. 003) Council Minutes 1-18-95, Page 6 7. Res 18546 requesting concurrence in local emergencies declared by ithe Council on January 11, (088 1995. 001) S. Res 18547 - 18550 (4) approving Payroll Warrants and Claims & Demands. (086- 013) ADDED STARTERS: None REPORTS &REQUESTS: ' CITY COUI4CIL reports or requests a) Councilmember Lyons staled that while he was in Nevada a positive report was given on the Film Festival; and expressed appreciation to Mr. Meeks for his comments. b) Councihnenrber Reller-Spurgin stated that seismic safety net posters were available at Desert Hospital and the Senior Center, and that the different agency telephone numbers were listed on the posters. c) Councilmember Kleindienst expressed concern regarding an incident in which he encountered an elderly gentleman who had wandered into an office complex parking lot; that the man could not identify himself and did not know where he lived; that the Police Department was helpful; that this type of incident occurs frequently; and that even though this is a County issue, the City needs to address the matter. Councilmember Roller-Spurgin stated that there are many people in Palm Springs who do not have socialization with other people; that Ben Green, Director of the Senior Center does a great job in assisting the seniors; and that when one is in need, it is not always financial. (1) Mayor commended Father Erstad and Rabbi Horwitz for honors given to them by Angel View Crippled Children's Foundation. ' PUBLIC reports or requests a) Darrell Meeks questioned the status of the rail station. Mayor stated negotiations are in progress with Southern Pacific. b) Donnie Frank, stated he has alot of unanswered questions concerning the Casino and,cosunemed regarding admitting mistakes. c) Fred Ebeling, stated the Council needs to direct more effort towards the crime issue in Palm Springs; that he questioned the recent use of Redevelopment Funds in bond issues; and that Ire has a FAX network comprised of over 700 people to help dispel rumors. STAFF reports or requests a) City Manager asked that the Council did need to consider passible open dates for joint Commission/Council dinners. Councilmember Hodges asked the last Monday of each month be avoided. ADJOURNMENT There being no further business, Mayor declared the meeting adjourned. JUDITH ,SUMICH ' City Clerk By: PATRICIA A. SANDERS Assistant City Clerk