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HomeMy WebLinkAbout2001 - MINUTES - 11/7/2001(2)CITY OF PALM SPRINGS CITY COUNCIL MINUTES NOVEMBER 7, 2001 A 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 Tahquitz Canyon Way, on Wednesday, November 7, 2001, 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 Jones, Hodges, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag, and an invocation by Reverend Andrew Green-Church of St. Paul in the Desert. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on November 2, 2001. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 8 of agenda this date. PRESENTATIONS: Palm Springs Veterans – Randy Schecter. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: No Business 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. PUBLIC COMMENTS: Dolliah Dalliah, no address given, stated that at a recent parade he was not allowed to access the street and that these are rights than should not be denied. Wendy Busig-Kohn, Belardo, stated that congratulations are extended to incumbent Ron Oden; and that Councilmember Hodges had served the community well and will continue to do so. Milton Ellenstein, 1380 Camino Real, stated that the Biltmore needs restoration; that the new owners are performing a clean up job at the site; that all three Phases of the Biltmore Homeowners Association agree that the property does need to be rehabilitated. Bridgitte Tolson, no address given, stated that England restores everything; that time should be allowed for the Biltmore restoration; that to tear the building down is to cheat the Community of a historic site. Jerry Fleming, no address given, stated that in the last 60 days, the Biltmore has experienced incredible improvements; repainting, trash removal, buildings boarded up; that the interest is in restoration; that it is hoped the time needed will be given to rehabilitate the property. Council Minutes 11-07-01, Page 2 Lanny Swerdlow, 1 Cordova Court, read a prepared statement, on file in Office of the City Clerk, regarding upcoming event with Judge James Gray and the Marijuana Anti- Prohibition Project. Carrie Allan, Mizell Center, expressed gratitude for past funding of the Mizell Senior Center and requested continuance of support of the Center. William Tuchscher, 3130 Bonita Road, Item 4, stated that support for the extension of the map is appreciated and that the developer is looking forward to building a project in the City. Bud Grant, no address given, stated that it is hoped that the Council will reflect since last the last meeting, on the improvements made at the Biltmore Hotel; that a petition is on file in his office with 600-700 signatures that urges the Council to reverse its decision regarding demolition of the hotel; that Mainiero, Smith and Associates have been engaged to help with the project and that the hotel, with time given, will be restored to its former days. Linda Grant, no address given, thanked the Council for the additional time extension; that guidance has been received and the right road has been selected; that the Council should defer from destroying a landmark of the City; and requested reconsideration of the time extension. Chuck Powell, 32812 Navajo Trail, stated that with the renovation of the Biltmore, the potential of the town increases; that many improvements have been made; that workers are there completing tasks and that the restoration will recreate a landmark for the City. Almeda Fernandez, no address given, stated that the Grants are working hard to complete renovations and that it is hoped that the Council will allow the dream to come true. Jim Manion, Riveria Hotel, extended congratulations for the past election and added that the voters have spoken and that there is a lot of work ahead for the future. William Vasta, 5301 Waverly, stated that the caution lights in town are timed too quickly and need to be regulated. Afftab, Hilton Hotel, expressed appreciation to the support given on Measure E and added that all are looking forward to the work ahead of the City. Mathew Talalah, Palm Springs 1st, stated that the two candidates that supported the groups views won; that this election places a direct message from the voters in Palm Springs; that the City Council is moving in the right direction; that Councilmember Hodges is appreciated for all her past contributions made to the City and for helping to create the downtown as it is today; that it is now time to allow someone else to do the work and that an invitation is extended to those who in the past have tried to disrupt the town, to join in the preserving of Palm Springs. Jim Dahler, no address given, expressed appreciation to the tenure of Councilmember Hodges; and added that the current Council with its new member will work towards broadening the tourism base and attraction of corporates to the City; that while the Council Minutes 11-07-01, Page 3 Members of the Council have not been anti-business; it is clear that some changes will occur and that the results of the election are encouraging. Jim Stuart, Palm Springs, thanked Councilmember Hodges for helping to turn the town around; that now is the time to move on to better things and added that for the residents of Palm Springs will always be first. APPROVAL OF CONSENT AGENDA: Councilmember Hodges requested a staff report on item 6. Interim Director of Aviation reviewed the staff report and added that the airport will be the only airport in the Nation with not only rental cars, but also rental motorcycles. It was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, that Items 1 thru 11, excluding items 4 and 10, be adopted. 1. Approval of Minutes of October 3, 2001. 2. MO 6951 approving an agreement with Irene Navarro, for the Palm Springs Library Family Literacy Program for a period of 10 months for $16,800. (Funded by State Grant). A4421. 3. MO 6952 approving an agreement with CCG Systems, Inc for software, training and ongoing support services for Fleet Management for $86,498.13; and MO 6953 approving a purchase order with Dell Computer Corporation for hardware for the Fleet Management software for $12,642.71. Total $99,140.84. A4422. 4. SEE EXTENDED CONSENT AGENDA 5. MO 6954 approving Amendment 1 to A4382 with Gensler to incorporate a subcontract special structural engineering for the fabric roof structure for $14,375. Total contract $276,975. 6. MO 6955 approving a concessionaire lease with EagleRider Motorcycle Rental USA for a motorcycle rental concession at the Airport at a rate of 10% of gross revenues, Counter & Office Rental at $5823.51/annually and Ready/Return Rental at $1196.80/annually for a term to June 30, 2006. A4423. 7. MO 6956 approving Amendment 2 to A3844 with the Agua Caliente Band of Cahuilla Indians for space in the City’s Visitor Information Center for $1,416 per month. 8. MO 6957 ratifying Closed Session approval of October 17, 2001 for increased airport security measures at a one-time cost of $51,052, and annual cost of $10,444. 9. Res 20212 concurring with CRA A regarding approval of second amendment to DDA with Agua Caliente Band of Cahuilla Indians and the Agua Caliente Transfer Corporation. Council Minutes 11-07-01, Page 4 10. Res ----- finding pursuant to Section 33421.1 of the California Health & Safety Code regarding an Owner Participation Agreement to effectuate the construction of a hotel/condominium resort located at Steven Road, Merged Project Area 1. (CRA B) Item Withdrawn. 11. Res 20213, 20214 and 20215 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant # Payee Particular Nature of Conflict Reller-Spurgin 969578 Spurgin Spouse 969716 Spurgin 970009 Spurgin 970122 Spurgin Hodges 969312 Bergheer Conflict with Contractor EXTENDED CONSENT AGENDA: 4. PDD231, TTM28033 – PALM SPRINGS CLASSIC (CODA) Recommendation: That the Council approve a time extension from December 6, 2001 to October 19, 2002 with Palm Springs Classic (CODA) Preliminary Planned Development District (PD231) and Tentative Tract Map 28033, located at the southeast corner of Gene Autry Trail and Vista Chino, W-M-1-P and O-5 zones, Section 7 & 18. City Manager reviewed the staff report and added the extension would be to October 19, 2002; and requested additional language be added to the resolution to allow the extension be rescinded and the Tentative Tract Map and Planned Development District expired should the project be withdrawn. Mr. Tuchscher stated that the additional language would assist in keeping the financing in place. Mayor stated that the approval language does need to be strong for the City and the developer in his negotiations. Mr. Tuchscher stated that the City is viewed as a partner in this development and that the assistance given is appreciated. Councilmember Hodges stated that even though the project has been around a long time and still has not been completed during her term, it is hoped the next City Council would get a shovel in the ground and start the project construction. Resolution 20216 as revised was presented; after which, it was moved by Hodges, seconded by Oden and unanimously approved that R20216 be adopted. PUBLIC HEARINGS: Council Minutes 11-07-01, Page 5 12. APPEAL CUP CS 5.0858 – FOUNTAINHEAD CSG, LLC. Recommendation: That the Council consider an appeal of the Planning Commission decision regarding issuance of a Conditional Use Permit and Architectural Approval to allow a fast food restaurant with a drive-through located at the northeast corner of South Palm Canyon Drive and Sunny Dunes Road, C- 2 and C-M zones, Section 23. Director of Planning & Building reviewed the staff report and reviewed the visual site plan on display in the Chamber. Councilmember Jones questioned if the outside patio tables had umbrellas and how the sign on the building would be lit. Director of Planning & Building stated that there would be a trellis over the tables, rather than umbrellas and that the sign would be internally illuminated from behind. Mayor declared the hearing open. Craig Smith, applicant, presented letters of support for the project from neighboring business, copies on file in Office of the City Clerk, and stated that from the street it is difficult to detect the drive-thru; that the building design is unique to Jack-in-the-Box; that a typical parcel for a drive thru is 24 to 25,000 square feet; that in this case the lot size is 37 to 38,000 square feet; that the project was denied based on the site also having a gas station and the regulations that prohibit the building of a gas station in close proximity to another gas station. Kelly Coulter, 553 S. Calle Encilia, stated that the decision of the Planning Commission should be upheld; that when the item was discussed there was a condition attached to the Starbuck approval to prohibit a drive-thru on the corner; that the condition can not be found in written form in the Planning Department records and requested denial of the appeal. Christine Hammond, 373 S. Monte Vista, stated that the General Plan does call for the area to be pedestrian friendly; that there is no question the restaurant does have support without the addition of the drive-thru; that the developer has met with the residents; that requests made were responded to; but that the Planning Commission decision does need to be upheld; and that it is time to commit to building bridges of understanding between the citizens and the Council. Steve Schneider. 9455 Ridge Haven, stated that there has been significant effort to hold the project to the needs of the City and wants of the Community; that one concern that can not be alleviated is the drive-thru; that the site has been reoriented; that the building and landscaping has been redesigned; that a more pedestrian feel has been given to the building site, but that the drive-thru is a part of the convenience of the restaurant; that this is the first time Jack-in-the-Box has Council Minutes 11-07-01, Page 6 used a channel letter sign; that concessions have been worked on to address the concerns of the neighbors and requested approval of the appeal. Randy Christensen, 100 Barranca, representing Jack-in-the-box, stated that the restaurant is happy to be a member of the Community; that the project does bring a drive-thru for personal convenience; that parents, workers, elderly and handicapped people do like the convenience of the drive-thrus; that many other types of stores are starting to expand into drive-thrus, such as drug stores; that this restaurant will add an additional 30 jobs to the Community; that many employees start as crew members and work up to management; that it is a growth business for employees; that tax revenue will be added to the City; that sales tax alone should be around $40,000 a year; that much time and hard work has been given to the project to gain an understanding of the residents concerns; that those concerns have been addressed as fully as possible and that this is a business the Community can be proud of. Tom Suitt, 38315 Maracaibo, stated that support should be given to the item; that on behalf of seniors, drive-thrus are of great convenience; that this is a quality project; that the area is not pedestrian; that the approval will give a good convenience to the residents and not distract from the ambiance of the downtown and requested approval of the appeal. Karol Markley, 1985 Camino Monte, stated that the Council should restore the prior splendor of Palm Springs; that this City should not be like any other City in the USA; that the restaurant is close to a pedestrian area; that the business is not needed; that the restaurant will not get a lot of business; that the project does not make sense; and that it is hoped that he Council has a good vision of what Palm Springs should look like. William Vasta, 5301 Waverly, stated that the restaurant is a good thing; that it will be a convenience; that the plans look good and recommended approval. Frank Tysen, no address given, stated that the Planning Commission decision was based on avoidance of clusters of drive-thrus in an area; that Jack in the Box has done a lot to avoid the look of a fast food restaurant, but the signage remains; that we try to be unique; that when people come to visit they want the City to look different than other cities; that the Council does have a number of options; that it is urged that one option include better signage; and that the sign should not be bright red, but back lit at night. Dolliah B. Dalliah, no address given, stated that as a caretaker, the convenience of drive-thrus is helpful; that it will be beneficial for the area; that the restaurant should be open 24 hours and requested approval of the item. There being no further appearances, the hearing was closed. Councilmember Oden questioned the number of drive-thru possibilities in the City and why the retail component of this project was foregone. Director of Planning & Building stated that based on Planning Commission testimony the developer did try to market the site as retail with no success. Council Minutes 11-07-01, Page 7 Craig Smith, stated that retailers were approached, but that it was felt that the businesses would not be downtown where foot traffic occurs, so there was no luck in rentals. Councilmember Oden questioned if there were earlier understandings that a drive-thru would be precluded. Director of Planning & Building stated that the project was approved in 1998; that retail sites were approved; that while a prohibition of drive-thrus was recalled, the plans and approval were revisited and no prohibition of drive-thrus can be found on record. Councilmember Oden questioned if zoning requirements are met, why the Planning Commission reviewed the matter. Director of Planning & Building stated that the zoning requirements are met, but that the Planning Commission does review the Conditional Use Permits of this type and the decision is final unless appealed; that in answer to earlier question, there are six existing drive-thrus within the City limits, with an additional 8 or 9 approvals not being actively pursued. Councilmember Oden questioned if there were any other approvals pending within the downtown corridor, and the traffic flow findings regarding impacts on the Community. City Engineer stated that a traffic flow study was performed; that there would be no detrimental impacts and that the level is within the General Plan categories. Councilmember Jones questioned the landscaping plan and adjustment to lighting of the signs. Director of Planning & Building stated that an upgrade to the landscaping plan could be added to the Conditions of Approval, to be reapproved by the Planning Commission; that the conditions require the removal of one building mounted sign, and that the signing program could likewise be required to be approved by the Planning Commission. Mayor stated that Planning Commission discussions with Starbucks did cover concerns about drive-thrus; that the Starbuck’s approval is a success story; that people do drive across town to get a cup of coffee; that the site was shown as retail originally; that the City does try to protect the quality of development on a corner; that in the early stages, the approval did not occur for this project; that the evolution of the project with adequate walls, burming to avoid stacking of cars, and landscaping of the drive-thru area, are changes that make the project pleasing; that the project is right on point with parking stances; that while the project is aesthetically pleasing, there is no fully developed landscaped plan; that full landscaping should be required and subsequently approved by the Planning Commission; that the restaurant is a welcome addition to the City; that concerns of the residents have been added and that the only concern at this point is the landscaping. Council Minutes 11-07-01, Page 8 Councilmember Jones stated that, if possible, a requirement should be added to change the signage with Planning Commission approval. Mayor questioned what type of signage was recommended. Director of Planning & Building stated that the letters were plastic formed and recess flush with the building; and that the suggestion of Mr. Tysen is contrary to what Jack-in-the-Box approves. Councilmember Jones stated that the sign could be red, however, at night the sign should cast a shadow, with the light like a halo. Councilmember Reller-Spurgin stated that the Planning Commission decision should be upheld. Councilmember Oden stated the Planning Commission decision should be overruled, with a condition added, that a landscaping plan be approved by the Planning Commission. Councilmember Jones requested the condition be changed to include channel lighting and that concurrence would be given. Councilmember Hodges stated that the applicant has made many concessions on the project thus far and questioned the increase cost to the new conditions. Mayor stated that the channel sign would be better and added there is concern with the color of the neon. Councilmember Oden stated that the two items should be referred to the Planning Commission for review and approval. Motion to overruling the Planning Commission, with conditions to include Planning Commission approval of landscape and signage was presented; after which, it was moved by Oden, seconded by Jones and carried by the following vote that the motion be adopted. AYES: Members Hodges, Jones, Oden and Kleindienst NO: Member Reller-Spurgin ABSENT: None. 13. ZONING ORDINANCE AMENDMENT – FLOOD HAZARD REDUCTION That the Council approve changes to the Zoning Ordinance reflecting changes to the Flood Hazard Reduction Standards recommended by the Federal Emergency Management Agency, resulting in the change in the elevation of a structure in some flood zones, and requiring the elevation of mechanical units. Director of Planning & Building reviewed the staff report, no further report was given. Council Minutes 11-07-01, Page 9 Mayor declared the hearing open; there being no appearances, the hearing was closed. City Clerk read Title of Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING THE ZONING ORDINANCE IN REGARD TO FLOOD HAZARD REDUCTION STANDARDS after which, it was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, that further reading be waived and the Ordinance be introduced for first reading. COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: Councilmembers reported on various civic and community organizational meetings and events which they attended, subsequent to the last regular meeting, and announced upcoming events of community interest. LEGISLATIVE ACTION: 14. CVAG MUNICIPALIZATION STUDY 2001-02 FISCAL YEAR BUDGET AMENDMENT Recommendation: That the Council consider participation and funding of Phase II of the CVAG Municipalization Study; approve a budget amendment for Phase I for $10,190; and consider approval of a budget amendment to cover Phase II for $56,613. City Manager reviewed the staff report and added that there are two avenues that are offered. Councilmember Hodges stated that the initial study was disappointing; that it was very vague; that it was good to do the first study to determine whether the City should proceed; and that the end result was the same as what Palm Springs had determined in its studies. Councilmember Reller-Spurgin stated that it is not clear what the objective of the study is; that the City did enter into the electric business and discovered little resident participation. Councilmember Oden stated that further study should not be supported; that the City has tried this same thing; that there was short return on the investment; that the market fluctuated and electricity ended up costing more; that the initial study should be funded, but no further funding assistance should be given. Mayor stated that the City did try to offer its citizens a program, but the residents did not participate in the program resulting in a collapse of the project; that there is a reluctance to approve an additional $56,000 for the same thing that was not accepted by the community and that it is not clear if the $10,000 should be paid. Council Minutes 11-07-01, Page 10 Councilmember Oden stated that the initial study was done with the assumption that Palm Springs was a partner and in good faith the City should participate in the original costs. Mayor stated that it will increase a greater share among the other Cities but that the same results will be found as Palm Springs study; that the eventuality is that Sacramento will need to make a decision regarding costs before the costs escalate any higher. Minute Order 6958 and Resolution 20218 (Phase I) as recommended were presented; after which, it was moved by Oden, seconded by Hodges, and unanimously carried, that MO6958 and R20218 be adopted. 15. RESOLUTION OF CONVENIENCE AND NECESSITY Recommendation: That the Council consider adoption of a Resolution of Convenience and Necessity in order to sell beer and wine at an existing meat market located at 1750 N. Sunrise Way, C-1 zone, Section 1. Director of Planning & Building reviewed the staff report. Councilmember Hodges stated that Notice of Mailing was received regarding this property and questioned possible Conflict of Interest. Director of Planning & Building stated the Notice was mailed in error. Councilmember Reller-Spurgin stated that she would vote no regarding any action that approves the buying of liquor for convenience. Councilmember Oden stated that there are two schools nearby, but that this approval is a downgrade in what is presently done. Mayor questioned if the 7-11 next door was full liquor sale service. Director of Planning & Building stated that the 7-11 sold beer and wine only. Resolution 20219 as recommended was presented; after which, it was moved by Oden, seconded by Hodges, and carried by the following vote that R20219 be adopted. AYES: Member Hodges, Jones, Oden and Kleindienst NO: Member Reller-Spurgin ABSENT: None. 16. CALIFORNIA UTILITY BUYERS JOINT POWERS AUTHORITY Recommendation: That the Council approve membership in the California Utility Buyers Joint Powers Authority and authorize execution of the Joint Powers Agreement. A4424. Council Minutes 11-07-01, Page 11 Director of Procurement & Contracting reviewed the staff report and added there are a number of benefits; that it is not mandatory to purchase from the Authority, but that the lobbying efforts will benefit the City. Resolution 20220 as recommended was presented; after which, it was moved by Hodges, seconded by Reller-Spurgin and unanimously carried, that R20220 be adopted. 17. TAHQUITZ CREEK GOLF RESORT MARKET STUDY Recommendation: That the Council approve a Memorandum of Understanding with Colliers Seeley International, Inc., to market the Tahquitz Creek Golf Resort as a resort hotel site and to commission a market and feasibility study for a hotel at no cost to the City. A4425. City Manager reviewed the staff report. Mayor questioned the length of the term. Councilmember Hodges stated six months. Redevelopment Director stated that there will be three months to prepare the study and that the total term is one year. City Manager stated that the marketing study would be due within 90 days. City Attorney clarified that the contract originally was for one year; that there are stages of the agreement; that there are three months to develop the marketing study; that at that point if the City decides it is feasible, the firm has an additional six month period to market the property with the fee at 2-½% of the property value at close of escrow; and if not, the contract ends at that point. Councilmember Hodges questioned if the 2-½% was related to the fair market value or sales price. City Attorney stated the contract should be for sales price of the property. Redevelopment Director stated the City could lease the property and determine the assessment on the lease value, and based on that concern, the language was changed to fair market value of the property; that if the cost of the land was used as an incentive for a developer, then the value would need to be negotiated. Mayor questioned if this study included the entire site. Redevelopment Director stated that one reason for the study is to determine the footprint for a possible resort. Minute Order 6959 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin, and unanimously carried that MO6959 be adopted. Council Minutes 11-07-01, Page 12 18. TRAFFIC CONGESTION RELIEF ACT INITIATIVE Recommendation: That the Council consider support of the Planning and Conservation League’s Traffic Congestion Relief Act Initiative. Assistant City Manager-Administration reviewed the staff report, no further report was given. Resolution 20221 as recommended was presented; after which, it was moved by Hodges, seconded by Oden, and unanimously carried, that R20221 be adopted. 19. 2000-01 FISCAL YEAR BUDGET AMENDMENT Recommendation: That the Council amend the Fiscal Year 2000-01 budget to pay back $200,000 in loans from the General Fund effective 11-1-01; and amend the fiscal Year 2000-01 budget for $200,000 for a new loan to Merged Project Area 1 Capital Project fund to cover the Desert Shadows project appropriation at 6%, effective 11-12-01. City Manager withdrew the item 20. TEMPORARY HOMELESS SHELTER Recommendation: That the Council consider authorizing staff to proceed with the design and implementation of a temporary facility to feed the homeless located on Community Redevelopment Agency-owned land at 190 West Sunny Dunes Road. City Manager withdrew the item. 21. ADDITIONAL LEGISLATIVE ITEMS: None. ADDED STARTERS: None. REPORTS & REQUESTS: CITY COUNCIL reports or requests 22. Treasurer’s investment Report as of September 30, 2001. Received and filed. PUBLIC reports or requests STAFF reports or requests Police Department update on status of security cameras City Manger reviewed the RFP process for the completion of the proposal; that the cost estimates are being put together; that the City Attorney has formed a legal opinion on the matter and that the information would be forthcoming in the Council weekly packet. ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk