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HomeMy WebLinkAbout1996 - MINUTES - 5/22/19960091, CITY OF PALM SPRINGS CITY COUNCIL MINUTES MAY 22, 1996 An Adjourned Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Kleindienst, in the Council Chamber, 3200 Tahquilz Canyon Way, on Tuesday, May 22, 1996 at 6:00 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: Councilmembcrs Barnes, Hodges, Oden, Spurgin, and Mayor Kleindiensl Absent: None The meeting was opened with the 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 May 17, 1996. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 3 of agenda this date. PRESENTATIONS: Tribal Council Chairman Richard Milanovich presented gift checks to the City for the Fire Department, Police Department, General Fund, and the People are the City Carpet (117- Project, totalling $175,000. Mayor and Councilmembets expressed appreciation to Mr. 041) Milanovich and the Tribe. Also in attendance: Tribal Councilmenibers Siva, Pete and Pate. Police Chief introduced newly promoted Police Department Personnel, i.e., Lt. Joe Rodriquez, Sgt. Mitch Spike, and Sgt. Dot Fallon. ' Councilmember Spurgin stated that with the contribution of the Tribal Council, there are sufficient funds to enable the renovation project to go to bid. No objection was raised, and the City Manager will proceed accordingly. PUBLIC HEARINGS: INTERIM URGENCY ORDINANCE 1521 - AMENDMENT On May 15, 1996, Council continued this matter for consideration of amending Ordinance 1521 interim urgency ordinance regarding condominium -hotel, to remove 180-day unit, owner -occupancy -restriction, mandatory use of all units by the hotel operator when not (103- in use by the unit owner, and to add a transient occupancy tax in -lieu fee. 044) Mayor and Councilmember Hodges stated that due to conflicts, they would abstain. City Attorney stated that because the urgency ordinance requires a 415 vote, it would be necessary for the two members to draw lots as to which member shall be required to participate, as provided under the Government Code. City Clerk prepared lots, one blank. and one marked "vote," which were then drawn by the Mayor and Councilmember Hodges. Mayor drew the "vote" lot. Director of Planning & Building distributed a red -lined version of the ordinance adopted in 1994, which included provisions regarding maximum occupancy by the owner or the owner's guests, i.e., up to 180 days; after which, the unit had to be added to the rental 1 pool for the hotel operator; that the purpose of the provision was to assure that the project operated as a hotel, and not an apartment or condominium, because of the substantial substandard conditions; that it was the developer's intent to do so; that the urgency ordinance is to permit review and monitoring and see what type of ordinance should finally be adopted; that the developer tried to market the project, but the 180 day condition imposed a significant hurdle on obtaining traditional financial; that there was also concern about the requirement that the unit be in a rental pool; that staff concluded that there is probably this financial problem for a non-traditional project, and that staff was uncertain if additional such hotel type projects can be successful; that recommendation provides that the restriction be eliminated, and a substitute obligation to 0092 Council Minutes 5-22-96, Page 2 INTERIM URGENCY ORDINANCE 1521 - AMENDMENT (Continued) pay a monthly in -lieu room tax, which will be reflected in the CC&Rs, with a one-time option of the Council to roll back to the standard Transient Occupancy Tax. fie staled that the monthly Bat rate was based oil historic information, and a reasonable payment plan, and will be monitored, and whenever the Treasurer feels that it would be more ' advantageous to utilize the standard TOT, a recommendation will be made to revise the CC&Rs to terminate that aspect, and accordingly roll back to the normal TOT. City Attorney noted that the hotel would still have to file its reports, from which the monitoring and review would be made, as to actual occupancy, and revenue. Mayor declared the hearing open. Phillip Klatchko, attorney representing Desert Equitable Really, supported comments made by the Director of Planning & Building, noting that the type of project was not new to his client, however, the ability to finance the sale of the units is a problem, and the recommendation was worked out with the staff, commission, (ily Treasurer and City Attorney. Jim Jones, President of a local apartment association, stated that he was not opposed, but concerned that tie project may become substandard apartment housing, and recognized that it is a private enterprise, and one not funded by the City, bu4 that lie wanted to make certain it was carefully tracked. There were no further appearances, and the hearing was closed. Councilmember Barnes stated that previous concerns lie had have been addressed in the ability for future amendment. City Clerk read tide of Ord 1531, as follows: ' AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE INTERIM ZONING REGULATIONS OF ORDINANCE 1521 FOR THE CONVERSION OF EXISTING HOTEL PROPERTIES TO CONDOMINIUM -HOTELS AS HEREIN DEFINED AND DECLARING TIIE URGENCY THEREOF. It was moved by Barnes, seconded by Spurgin, and unaninhously carried, Hodges abstaining, that further reading be waived, and that 01531 be adopted. PUBLIC COMMENTS: a) Comments concerning Item 4: Dick Sroda stated that a city becomes suspect when it gets involved in public utilities; that he hoped the Council would not act in hassle; that he was unable to ( 147- glean information about the subject, nor were any materials available. 004 ) Joy Schlendorf stated that there is no available information, and there is lack of information for the public to respond to; that she represents an organization of over 1,000 people who feel very strongly about this [natter, and she would like the information, i.e., concerning CalEnergy, and for the Council at a minimum allow time for its review, and comment, at perhaps the next meeting. Mark Allen, Illanova, indicated that they are one of Ilhe finalist concerning a power option agreement, and look forward to working with the City and moving ahead prudently. He responded to questions by the City Attorney, desch ibing the magnitude of tie corporation, its clientele, subsidiaries, and megawatt sales. 0093 Council Minutes 5-22-96, Page 3 b) Comments on matters not related to an agenda item: Arthur Lyons, resident, commented concerning a recent writers conference, its celebrated attendees, activities, and potential return in the future. ' Don Franks, resident, commented concerning revenue from the Tribal Council to the City vis-a-vis gaming, and suggested that it is addictive, and it is the Council's duty to return it. Fred Ebeling slated he agreed with Mr. Franks, and commented on a fable about boars. Betty Tuminello, resident, reinforced comments by Mr. Lyons that the local newspaper does not give any recognition of events held in Palm Springs, i.e., the retired government workers, state chapter, conference during the prior week. LEGISLATIVE ITEMS: 2. 1996-97 CDBG ALLOCATIONS On May 15, 1996, Council approved 1996-97 CDBG Allocations and requested the matter be continued to dris date for reaffirmation. Councilmember Oden stated that Ire would abstain concerning the C.O.D. Care allocation. (085- 013) City Manager noted that Resolution 18828 was revised to reflect the action of the Council on May 15, and was being submitted for reaffirmation. Resolution 18828 was presented; after which, it was moved by Spurgin, seconded by ' Hodges, and carried by the following vote, that R18828 be reaffirmed: AYES: Barnes, Hodges, and Spurgin NOES: Oden and Kleindienst ABSENT: None ABSTAIN: Oden concerning C.O.D. Care Allocation 3. COMMISSION APPOINTMENTS Mayor submitted his nominees, as follows, and motions were made, seconded, and the following appointments were approved: Administrative Appeals Board (060- Ed .Joseph to be drawn by lot 030 ) Mary Lou Feenstra Harold Ball Jetty Wayne Howard Franklin K.P. Moore Historic Site Preservation Board (060- Brad Dutming 6-30-99 011) Paige Linn 6-30-99 Human Rights Commission Maurice Call 6-30-97 (060- Ed Dietrich 6-30-98 027 ) Margaret Bell 6-30-98 Goldman Jacobs 6-30-99 Ranaldo Loya 6-30-99 T.C. Wilder 6-30-99 Library Board (060- Milton Levinson 6-30-99 012 ) 0094 Council Minutes 5-22-96, Page 4 3. COMMISSION APPOINTMENTS (Continued) (060- Parks & Recreation Commission 021) Cora Crawford 6-30-99 Lyle Pierceall 6-30-99 P.S. Regional Airport Commission , Simon Housman 6-30-99 (060- Morton Gubin 6-30-99 001) Herb Franson 6-30-99 Personnel Board (060- Thomas Patton 6-30-99 014 ) Planning Commission (060- Jeffrey Jurasky 6-30-99 015) Public Arts Commission (060- Fritz Frauchiger 6-30-98 023) Margery Holly 6-30-99 David Aiken 6-30-99 Rent Review Commission (060- William Kuhlman 6-30-99 016 ) Visitor & Promotion Commission (060- Kathleen Bennett (at -large) 6-30-99 024) Mayor noted that incumbent Planning Commissioner Jerry Johnson is no :longer a resident, and his position along with the two Visitor & Promotion Commission and one vacant Rent Review Commission be readvertised, recognizing that the process may not be completed until after the budget review. City Clerk to proceed accordingly. 4. MUNICIPALIZATION ELECTRICAL Recommendation: That the Council review CalEnergy option agreement to supply power and consideration of approving additional option agreements. (Materials to be provided at meeting). City Manager reported that this matter was not ready, and recommended that the meeting (147- be adjourned to May 28 for discussion. 004) City Attorney stated that staff has been in the process of negotiating contracts with the power suppliers and with CalEnergy; that he had hoped to have concluded those by this dale, and to the extent the contracts are complete, they will be available to the public; that there have been very complicated discussions; and that there will be a full and complete report when the matters are concluded. Matter to be continued to May 28. 5. ADDED STARTERS: None REPORTS & REQUESTS: , CITY COUNCIL reports or requests a) Mayor announced die appointment of Ron Oden to the County of Riverside Community Action Commission; and added that the Commission will seek to (070- formalize an on -going liaison with the City Council. 001) b) Councilmember Hodges requested a status report on the Sunrise Mobilehome Park; and asked when the VillageFest closure would be scheduled on the agenda. Assistant City Manager noted it would be at the next meeting. 009 Council Minutes 5-22-96, Page 5 c) Councilmember Barnes reported on the status of the development process review subcommittee, indicating that a recommendation should be forthcoming after its next meeting. d) Mayor and Councilmembers reported on various civic and community organizational meetings and events which they attended, subsequent to the last regular meeting. PUBLIC reports or requests a) Harold Good, resident, noted that the full text of documents relative to the Municipal Electrical matters are available at the Library Center. STAFF reports or requests - None ADJOURNMENT There being no further business at 8:15 p.m., Mayor declared the meeting adjourned to May 28, 1996, at 5:30 p.m., in the Large Conference Room, preceded by Closed Session 4 p.m. UDITH SUMICH City Clerk 1