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HomeMy WebLinkAbout11/1/2000 - STAFF REPORTS CITY OF PALM SPRINGS CITY COUNCIL MINUTES SEPTEMBER 6, 2000 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, September 6, 2000, 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 Clifford Harris-Ajalon Baptist Church. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on September 1, 2000. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 8 of agenda this date. PRESENTATIONS: James O. Jesse Memorial by MAPS. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: - No Business Adjourn as the Community Redevelopment Agency; remain in session as the City Council. PUBLIC COMMENTS: a) Comments regarding Item 25: Reverend Jerry Johnson, Lily of the Valley Church of Christ, thanked the Council for timely response regarding Mr. Jesse's death; and stated that Mr. Jesse was a pillar of the Community; that Mr. Jesse did give over 20 years of service to the City; that this will be an opportunity for all of the Community to work together; and expressed appreciation to the recognition that the Council has given. Margaret Russell, lifetime resident, stated that the name should be The James O. Jessie Highland Gateway Unity Center; that the recognition is due to Mr. Jessie, but that the Community should not be left out. Council Minutes 09-06-00,Page 2 The following Item 25 was taken out of order. 25. DESERT HIGHLAND UNITY CENTER Recommendation: That the Council rename the Desert Highland Unity Center to "The James Jessie Unity Center". Director of Economic Development reviewed the staff report. Mayor stated that the renaming has been discussed by members of the Community and the family; that the Center is a Community asset; that a subcommittee could be formed to review all proposed names for the Center; that it needs to be clarified whether the name is the Center or also includes the park; that the Council did try to make it known that the renaming would be at this meeting, so concerned parties could attend; that the Council is in support of the name change, but that the decision of the name belongs to the Community. Councilmember Oden stated that the matter has been discussed with the family; that it was the family that made the suggestion of the James O. Jesse Unity Center; that if the Community is requesting a different renaming, it can be done, but that the family did indicate its preference. Councilmember Hodges stated that the family has indicated what it would like; that the name is less cumbersome that the James O. Jesse Desert Highland Unity Center; but that it should be a decision for those that are involved, rather than just the Council. Councilmember Oden stated that the Center is usually thought of as the entire park and that a committee of Community members and the family could review names and submit it for Council approval; and moved the resolution as the James O. Jessie Unity Center. Motion failed due to lack of second. Mayor requested family member Monica Turner to be heard. Monica Turner, James O. Jesse's daughter, stated that the family members did suggest James O. Jesse Unity Center; that the City has been very supportive during this time of bereavement; that further discussions were held between family members, that included Community input; and that the chosen name is the James O. Jesse Desert Highland Unity Center. Councilmember Oden stated that a ceremony should be held when the proper signage has been obtained. Council Minutes 09-06-00,Page 3 City Manager stated that that the event would be coordinated and the media and public notified. Resolution 19890 as revised, James O. Jessie Desert Highland Unity Center, was presented; after which, it was moved by Oden, seconded by Reller-Spurgin, and unanimously carried that R19890 be adopted. PUBLIC COMMENTS: a) Comments on matters not on the agenda. Dick Sroda, Palm Springs, stated that he used to be a frequent attendee of the VillageFest; that with the current dangerous events he no longer goes; and that the Council does need to take some type of preventive action. Robert Garner, Rancho Mirage, stated that the Council has not named something for Sonny Bono; that not only was he the Mayor of the City, but our Congressman as well; that fast action was taken for a City Employee; that the matter concerning the late Sonny Bono has been around for over one year; and suggested the Council consider Palm Springs Stadium as a proper site to be renamed. Frank Tysen, 175 S. Cahuilla, stated that there is an exit in Moreno Valley that is being named "Sonny Bond' exit; that item 25 is timely for action; that the Council needs to take action regarding the activities downtown; that the downtown area needs re-evaluation to determine if it should be an "arts and entertainment concept'; that the policies that the Council is operating on are old and may need to be revamped; that the concern for the downtown area is widespread; and that the Community is looking to the Council for leadership. APPROVAL OF CONSENT AGENDA: Items 1 thru 18. It was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, that Items 1 thru 18 be adopted. CONSENT AGENDA: 1. Approval of Minutes of July 19, 2000. 2. MO 6696 approving Change Order#1 to A4240 with Doug Wall Construction for airport main terminal restroom remodel for$8,500, for a total contract amount of $157,211.85. 3. MO 6697 authorizing reimbursement to Anton AirFoods Inc., for asbestos removal related to the construction of the airport "Celebrity Bistro", not to exceed $18,000. Council Minutes 09-06-00,Page 4 4. MO 6698 approving agreement with Michael Buccino Associates for design and construction/installation oversight for the Airport Ramon Road frontage landscape project for $30,000. A4270. 5. MO 6699 approving modification to term extension for three ground leases for the Airport Park Plaza and modification to the Consent to Assignment to AP Palm Springs Airport LLC, to reflect the rental rate CPI adjustment every 5 years and extend time concerning A2636 lease obligation relating to building additional square footage. A2528, 2529 and 2636. 6. MO 6700 ratifying purchase order with Desert Water Agency for the cost of relocating water facilities for East Palm Canyon and Gene Autry Trail widening for$24,866, CP92-36. Hodges Abstain. 7. MO 6701 ratifying purchase order with Desert Water Agency for the cost of relocating water facilities for the Mid-Valley Parkway Phase 3 Project for $34,500, CP99-13. Hodges Abstain. 8. MO 6702 approving Change Order#4 with 4-Con Engineering Inc., for additional pavement work on Heritage Trail Bikeway Project for$6,951. Total contract cost $890,535.21, CP93-49. A4206. 9. MO 6703 approving Amendment #6 with Tait & Associates, Inc., for design services of underground storage tank removal and replacement for$6,440. Total contract cost$127,799, CP95-17. A3827. 10. Res 19891 approving Final Map 26364-3 with Land Development Design Corporation representing Southland Group, Inc., to divide property located at 2321 and 2421 Sunrise Way, APN 501-181-017 and APN 501-181-018, Section 2, T4S, R4E; and authorize City Clerk to accept the subdivision improvement agreement, deeds and easements related thereto. A4271. 11. MO 6704 approving purchase from Miracle Recreation Equipment Company for play equipment through the State of California discount pricing for Victoria Park for$56,134.98. 12. Res 19892 amending the budget to transfer $15,000 from the FY 99-00 General Fund to AD155 Series A Fund to cover additional legal expenses relative to potential litigation; and Res 19893 amending the budget to transfer$50,000 from the FY 00-01 General Fund to AD155 Series B to cover additional legal expenses relative to potential litigation. 13. MO 6705 approving purchase of 47 Dell Optiplex personal computers, 2 laptop computers and 1 file server through the State of California Multiple Award Schedule (CMAS) program for replacement of computers at City Hall and Fire Department for $99,746.44. Council Minutes 09-06-00,Page 5 14. Res 19894 authorizing the Palm Springs Public Library to join the Tierra Del Sol Regional Library Network and authorize City Librarian to execute membership forms. 15. MO 6706 approving settlement agreement, as on file in Office of the City Clerk, between Jim and Tammy Jennings and the City of Palm Springs related to claims arising from August 4, 2000 vehicle collision. 16. MO 6707 approving settlement agreement, as on file in Office of the City Clerk, between Ramy Hormoz and the City of Palm Springs related to claims arising from multiple code violations at the Spanish Inn Hotel, located at 640 Indian Canyon. 17. Res 19895 ratifying expenditures for emergency services, repairs and replacement of property destroyed by the July 26, 2000 fire at Fire Station #4 for $32,168.50. 18. Res 19896, 19897, 19898, 19899 and 19900 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Hodges 955544 DWA Client of Employer 956377 DWA 955965 DWA 955585 Granite 956409 Granite 956009 Granite 956398 Foster 956400 G & M 956516 Preferred Plumbing 956107 Preferred Plumbing Reller-Spurgin 955741 Spouse 956146 956244 19. EXTENDED CONSENT AGENDA: None Council Minutes 09-06-00,Page 6 PUBLIC HEARINGS: 20. TPM29683 — LUNDIN DEVELOPMENT On July 19, 2000 Council continued this matter, to conduct public hearing and consider approval of Planned Development District 259 and Tentative Parcel Map 29638, with conditions, for a proposed single-phased shopping center located on 9.9 acres at the northwest corner of Ramon Road and Sunrise Way, C-1 zone, Section 14. Director of Planning & Building reviewed the staff report and added that the major issue concerning the project was of its historical significance; that the project was designed in 1960 by Albert Frey; that the Planning Commission did determine no significance to the Community; that the number of structures that are already designated is substantial; that the Planning Commission did approve the project; and in answer to questions by Council stated that the north side of the building does have a limited space between the property line and the building; that the alleyway will present some problems; that the Desert Water Agency pumping facility is located on the site, and that staff will request some screening; that trucks will enter from the Ramon side and traverse down the west side of the property; that it is a tight fit; that the trucks will use the same track for exit; that most truck movement will be off Ramon Road; that the trash dumpsters will be in the back of Ralph's; that Carl's Jr., will have its trash located onsite; that the loading dock is not large, but that there will be one or two bays; that two bays is the usual amount that a grocery store has; that there was a struggle to fit in all the needed facilities due to the flood control facility. Mayor declared the hearing open. Greg Beaver, representative of Ralph's, stated that the firm is proud to be a part of Palm Springs; that this is a dynamic project; that it is a first class neighborhood shopping project; that the area is underserved with inadequate facilities; that there has not been a new supermarket developed in the area for 20 years; that there is a strong need for the facility; that the facility will be full service; that the intent is to make it a "people place'; that others are present in the audience that can address landscaping and pedestrian flow areas; that the building evalation was kept to a minimum; that there will be over 150 new jobs created; that the economic impact should be $450,000; that there are problems with the existing center; that the store is too small; that there are issues with the proposed development concerning Indian property and flood control property; that the issues have been dealt with; that working together will produce a good project; and that the developer will continue to work with the Community to address concerns. Council Minutes 09-06-00, Page 7 Mr. Lundin, applicant, stated that it is important to remember that the project has been through many reviews; that the Planning Commission did determine that an Environmental Impact Report was not needed; that there has not been any historical identification of the site; that there are 450 sites presently designated in the City; that it is not clear if in fact Mr. Frey or his firm designed the building; that a building should be judged by its architecture, not by the architect; that the Planning Commission did not have any outstanding concerns; that all conditions imposed by the Planning Commission are agreed to; that the building is the oldest supermarket in town and is in need of renovation; that it is the right use at the right location; that Sav-On will be locating on the site as a co-anchor; that if the project is approved, Sav-on will abandon the proposed location on Tahquitz Canyon; that the development of the proposed project will remove a blight on the City; and that the Council is urged to support the recommendation. Peter McGubbah, no address given, stated that the design of the project is one that is all over southern California; that it does not bring anything special to the Community; that in tourism the number one recession proofing is heritage preservation; that a lot of Cities have had to try to rebuild what they have torn down; and that if Palm Springs preserves what it has, tourists will come. Tammy Franklin, 1044 Diana Circle, stated that smaller shops are better and that the current center should keep its uniqueness. Lena McSkeane, 600 E. Spencer Dr, Cheeky Monkey owner, stated that the business had been opened for six months; that the tourists are happy that the business is located in Palm Springs and questioned why the City did not inform her when obtaining the required permits that the building would be destroyed; and added that the impact is financially and emotionally devastating and compensation is needed. Ruth Anderson, Laundromat owner, stated that she is being forced to terminate her business; that the Laundromat is clean and a good place for people to use; that if the project is approved her life savings will be gone, as well as her income; that this is creating a hardship and that the Council should require the developer to buy her business. Bob Hargreaves, Best, Best & Krieger, representing Ms. McSkeane and Ms. Anderson, stated that this is an economic issue; that approval of the project will wipe out one dozen small businesses including the folks' life savings; that not only does the proposed project not fit in, the entire project is too tight for the size of property; that traffic is an issue; that congestion will occur; that there is enough historic significance to deny the project; and that the Council should insist on an Environmental Impact Report regarding the project. Council Minutes 09-06-00,Page 8 Judy Connelly, Cheeky Monkey, stated that the owners of the business have worked hard; that there is a lot invested in the business; and that something needs to be worked out so that all can be happy. Richard Rowe, 68055 Vista Del Valle, stated that the Council should give consideration to all the small business owners in the complex; that approval means displacement and being disbanded; that there will be trucks coming in and out of the complex and that the Council will be putting a lot of people out of business. Shel Wyles stated that the Council should be familiar with what happens when Ralph's builds a new store, an old one closes and questioned what would happen to the Ralph's at Smoke Tree. The following persons spoke against the project. Jim Franklin, 1044 Diana Circle Pete Moruzzi, 1056 San Lorenzo William Kopelk, 2399 Carillo Road John Williams, 601 Grenfall Road Chris Menrad, 1070 Apache Road Dick Sroda, Palm Springs Scott Kennedy, 10-year resident Frank Tysen, 175 Cahuilla The following persons spoke in favor of the project: Dan Cline, Project Architect Paul Loubet, representing Ralph's Larry Parent, representing Sav-On Rob Parker Irene Smith, Palm Springs There being no further appearances, the hearing was closed. City Attorney stated that one point did need to be clarified; that the historic designation is recommended by the Historic Site Preservation Board; that the site was not designated by the Board; that the process for designation does involve public notice and hearing; that the Board does have the legal authority to conduct the hearings; that there was no process initiative, nor was the designation recommended; that there may have been some discussion between the Board members, but the legal process was not employed. CoLmed Minutes 09-06-00,Page 9 Councilmember Jones stated that in reference to 20A2, the agreement to enter into negotiations for a DDA was approved on June 16, 1999; that the draft was to include language regarding potential impacts that the new project would have on existing tenants and supermarkets in the area, yet on page 20A5, the report states that the draft DDA has no provision to minimize impacts on existing supermarkets; that there is no guarantee that the Smoke Tree Ralph's will not close, despite a letter stating such from Ralph's; that the letter is meaningless; that there is already evidence of what can happen, for example the supermarket in the shopping center on Palm Canyon; that the proposed site is crowded; that there are problems finding parking now, think what it will be like with an expanded project; that page 20A6 states that the HSPB did determine that there is some historical significance; that even though he is not a modernist, he does like to keep things the way they are; that private property owners do have the right to do what they want with their property, within reason; that it is better to err on the side of compliance and the EIR should be done; that the traffic report was not agreed to by the applicant; that the City Engineer's report did have corners with the left turns out of the project; that the statement of the project bringing new taxes is doubtful, that the taxes will be the same, just people moving to another shopping center; that this is not the kind of project that would draw tourists; that there are no real estate tax increases with the project; that the redevelopment process does need to be reexamined; that the letter received from Dr. Bochner states he is in favor of erring in favor of compliance with the environmental requirements; that on 20A105 one of the answers is incorrect and should indicate that the proposed project is not consistent with the Master Plan; that the site has too much on it; that the streets around the project are scenic corridors; that more fast food restaurants are not needed in the City; that Palm Springs needs to be different; that we need to be our own City; that we need the tourists; that we do not want to destroy the unique restaurant that is located in the center now; that we need to protect our existing restaurants; that we owe it to the small business owners; that tourists like one-of-a-kind restaurants; and questioned if the developer is asking or will be asking for assistance from the City. Councilmember Oden questioned when this project started the process. Director of Planning & Building stated that the process started one year ago and that application went to the Planning Commission in January, 2000; and that the developer has stated that the project will be self sufficient. City Attorney stated that some time ago the Agency and the developer did have preliminary talks regarding assistance, but that there were no conclusions. Councilmember Oden stated a number of people had expressed concerns regarding the CEQA process. Council Minutes 09-06-00,Page 10 Director of Planning & Building stated that the site had been examined regarding the CEQA historic significance guidelines; that in order for an EIR to be requested, the determination of significant impact substantiated by evidence must be in the record; that the project was handled in multiphase; that the first group to examine the project was Design Review; that the historic perspective was reviewed; that there are already seven sites of Mr. Frey's architecture designated as historic; that the need is to determine the historic value based on uniqueness; that this piece is similar to other works by Mr. Frey; that the Planning Commission did not determine a significant impact; that an EIR will take an additional six months; that after the EIR is done, the project will be back before the Council just as it is today; that the historic significance will still have to be determined by the Council; and that the question is really whether the Council is in favor of the project or not. Councilmember Oden questioned if on Ramon at the left turn lane there would be a median; and added that the turn between the median on Vista Chino is too small; that when cars pull in the turn lane, other cars must swerve due to the lack of stacking. Director of Planning & Building stated that the stacking level would be higher at this project; that there were significant concerns with traffic, and mitigation measures have been employed. Councilmember Oden stated that the Council has asked for a listing of potential historic sites for reference; that it seems that the Council is placed in a position of being behind the curve; that the absence of the list causes problems for people opening businesses; that within this project there are possible conflicts regarding not only vehicular traffic, but pedestrian walkways; that the project will lend itself to allowing people and vehicles to compete for the same area of space; and questioned if the developer was working with the existing business in relation to relocation. Mr. Lundin stated that he does not own the center and has been asked not to interfere with the existing businesses; but indicated once the project was "do- able", communication would be important. Councilmember Oden stated that Palm Springs should not look like any other Community; that regarding historic preservation, there should be a priority given to a master listing of site designations; that the City cannot continue to conduct business in this manner; that the survey is needed; that it is evident that the developer has tried to work things out; that there have been many changes requested and complied with; that even the architecture has been changed; and that the project is needed and will work well in the community. Councilmember Reller-Spurgin questioned whether the current business owners were kept informed by the City. Council Minutes 09-06-00,Page 11 Director of Planning & Building stated that when permits are pulled, they are obtained from the Building Department. City Attorney stated that this is an issue of legal rights; that the City should not get in the middle of tenant and landlord relationships; that it is not clear if staff had the information and stated that there may be some legal liability concerns if the staff passed on questionable information. Councilmember Oden stated that businesspersons and real estate agents do have access to information that the City provides. Director of Planning & Building stated that handouts are available at the City; and that there are times that the person at the Building counter may not be the person that is working on the area that someone is inquiring about. Councilmember Hodges stated that portions of the information given are confusing; that it sounds like the biggest confusion relates to an EIR; that this is a major project in the City; that there are traffic, site and parking concerns; that it does seem that an EIR is called for and should be looked at; that there is concern for the current tenants; that hopefully in the wording of what is finally approved the tenant will be afforded relocation costs; that there should be a guarantee that the Smoke Tree Ralph's will not be closed; that it is difficult to depend on just a letter of intent; that the dilemma is that if the project is not approved the currently located Ralph's may close; that if the project is approved the Carl Jr's on Sunrise may close also; and that there are too many issues being raised to feel comfortable in approving the project and recommended an EIR be requested. Mayor questioned if the developer would proceed if an EIR was requested. Director of Planning & Building stated that it is not uncommon to use an environmental assessment for a large project; that the determination between an EA and EIR is whether or not there will be a significant impact; that the new Albertson's and new Lucky's did not require an EIR; that there were significant design changes; that the Albertson's project worked four years on redesign; that most neighborhood shopping centers use an AE; that the traffic flow did not require mitigation; that the neighborhood compatibility land use is not significant; and that the only trigger may be historic significance; that there has been no historic significance determined, thereby negating the use of an EIR. City Attorney stated that the site is currently being used as a neighborhood shopping center; that the comments made during the hearing indicate a low threshold for historic significance on the issue; that the staff report is clear that the project does not meet the criteria; that it is true that a Court looking at the issue may determine a lower threshold; that the architecture significance is more subjective than objective; that the purpose of the EIR is to get all the arguments on the table; that regarding the current leases, the landlord does have an Council Minutes 09-06-00, Page 12 obligation to honor the leases; that it can buy out the leases, or the lessees can remain there, that the attorney's Office is not in the position to determine the existing civil relationship between the landlord and the tenants; but that in most cases, if someone does buy the center, the person coming in would have to also buy the leases; that in this case the City is not involved; that in housing issues, the City is obligated for relocation benefits; that there is no such law relating to commercial or industrial; and that it is not within the jurisdiction of the City to try to resolve the legal issue between the tenant and the landlord. Mayor stated that the location at Sunrise and Ramon is considered a good location for a supermarket; but that the site is limited for a mall type of supermarket; that it is difficult to currently shop there; that the City needs to encourage businesses to succeed in Palm Springs; that the facility as it stands is small, but its use is viable; that the area needs a better facility; that the configuration as presented is incapable of expansion; that as far as historic significance, there are already eight sites designated in honor of Albert Frey; that the Historic Site Preservation Board did not designate the site; that the Historic Site Preservation Board has not come to the Council with any recommendation; that the design of the project is trendy and playful; that it is not a significant style; that the style being used could be seen anywhere is southern California; that an individuality for the project would be preferred; that there are too many pads in the facility; that there is no sense of the project having pedestrian orientation; that the site is fragmented; that there is not a need for two driveways off Sunrise; that the reality is "freshing up" the project will not help; that the project favors vehicular traffic; that it is not user friendly; that the linkage around the complex should be discounted; that the size of the building pads are not acceptable; that the Planning Commission needs to address the building pad issue; that as the design is now it is not acceptable. Councilmember Hodges questioned the square footage of the SavOn and Ralph's; that an EIR may be preferable; that as the project is presented, it is not favorable; and that the number and size of pads is not pleasing. Mayor stated that some issues need to be further addressed by the developer, such as the pedestrian access around the center; that the trash and loading docks should not be in a highly visible area; that when a pad is used, it should be placed more in the back of the site; that the trash dumpsters in the project are all visible from the parking lots, and should be remotely placed; and that some type of provision needs to be made to protect the existing Ralph's at Smoke Tree. City Attorney stated that it seems the Council is saying it is not satisfied with the pedestrian access; that the screening of trash and the location is not satisfactory; that the loading areas needs to be designed in a better manner; that there are too many pads on the site and questioned how many pads would be permissible. Council Minutes 09-06-00,Page 13 Mayor stated that the architecture style is not pleasing and as it stands there are too many pads; that the reduction of pads would rest on the design of the project; that the developer should continue to work with staff as to the design and layout. City Attorney questioned the Council's direction; that the Council needs to clarify whether the matter should be returned to the Planning Commission, or it should take action. It was moved by Jones to approve the Resolution, with conditions as presented, seconded by Oden and failed by the following vote. AYES: Councilmember Oden NOES: Councilmembers Jones, Hodges, Reller-Spurgin and Mayor Kleindienst It was moved by Hodges, seconded by Reller-Spurgin, and carried by the following vote, to direct staff to prepare a Resolution of denial without prejudice, for the developer to resubmit plans at the September 20, 2000 meeting. AYES: Councilmembers Jones, Hodges, Reller-Spurgin and Mayor Kleindienst NO: Councilmember Oden 21. TPM29658 — DENNIS CUNNINGHAM — ELECTRIC AVENUE Recommendation: That the Council consider approval of Tentative Parcel Map 29658, subject to conditions, allowing the current one parcel to be subdivided into two parcels of 6,041 and 7,265 square feet for a total of 13,306 square feet, located on the northeast corner of Thornhill Road and Camino Primrose, R-2 Zone, Section 23. Director of Planning & Building reviewed the staff report. Mayor declared the hearing open. Marvin Roos, representing the applicant, stated that the applicant requested approval, and would be available for questions, if the need arose. There being no further appearances, Mayor declared the hearing closed. Councilmember Hodges stated the staff report cites a reduction in the building lot size and questioned whether the proposed size was a normal lot size. Council Minutes 09-06-00,Page 14 Director of Planning & Building stated that in this area most of the lots are small and the proposed would be compatible for the area. Resolution 19901 as recommended was presented; after which, it was moved by Jones, seconded by Hodges, and unanimously carried that R19901 be adopted. 22. AA3.1875—WHITE BROTHERS INVESTMENT COMPANY Recommendation: That the Council consider an appeal by White Brothers Investment Company of certain conditions of approval in conjunction with a proposed development of 39,902 square foot office industrial building on approximately 3 acres of land located at the northeast corner of Gene Autry Trail and Tachevah Drive, M-1-P zone, Section 7. Director of Planning & Building reviewed the staff report. Mayor questioned the authority to make decisions concerning State designated Highway 111. City Engineer stated that we can take action in this case. Mayor declared the hearing open. Margo Williams, Mainiero, Smith & Associates, representing appellant, stated that the costs should be shared on a prorated basis; that as it stands, because the property is located on a corner, full cost is being assessed on the property owner. There being no further appearances, the hearing was closed. Mayor stated that the traffic light was recently put in and now CalTrans is requesting the street be widened. Councilmember Reller-Spurgin questioned why the light standard was put in without forethought to the requirements of the street. Mayor questioned if there is a need for a wider street radius. City Engineer stated that the standard radius is determined on street designation. Councilmember Jones questioned why the corner property would assume all costs, and why have the costs not been shared. City Engineer stated that each property owner is responsible for its street frontage improvements. Council Minutes 09-06-00,Page 15 Councilmember Hodges stated that the cost could be deferred until needed through a covenant. Motion to direct staff to prepare a resolution upholding Planning Commission decision with covenant for full cost deferral, matter to be returned for Council approval at its September 20, 2000 meeting was presented; after which, it was moved by Oden, seconded by Hodges, and carried by the following vote, that the Motion be approved. AYES: Hodges, Jones, Oden and Reller-Spurgin NO: Kleindienst 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: 23. ALLOCATED POSITIONS AND COMPENSATION PLAN AMENDMENT#1 Recommendation: That the Council amend the Allocated Positions and Compensation Plan to add one Executive Services Specialist position; and amend the budget therefor. Assistant City Manager-Administration reviewed the staff report, no further report was given. Resolution 19902 as recommended and Resolution 19903, amending the budget, were presented; after which, it was moved by Hodges, seconded by Oden, and unanimously carried that R19902 and R19903 be adopted. 24. ADVANCED LIFE SUPPORT FIRST RESPONDER PROVIDER Recommendation: That the Council approve an agreement with Riverside County authorizing the City to operate as an advanced life support first responder provider. A4272. City Manager reviewed the staff report, no further report was given. Minute Order 6708 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, that MO6708 be adopted. Council Minutes 09-06-00,Page 16 26. COUNCIL COMPENSATION Recommendation: That the Council consider Councilmember Jones' request that the salary which he opted not to take for Fiscal Year 1999-2000 for $3,290 be donated to the Palm Springs Youth Center, and for Fiscal Year 2000-01 the annual salary of $5,640 be accounted for to allow his designation of the non- profit recipient or charity at a later date. Director of Finance & Treasurer reviewed the staff report, no further report was given. Minute Order 6709 authorizing $3,290 to PS Youth Center; Minute Order 6710 authorizing $5,640 for future contribution, and Resolution 19904 amending the budget for $8,940 were presented; after which, it was moved by Reller-Spurgin, seconded by Oden, and unanimously carried that MO6709, MO6710 and R19904 be adopted. ADDITIONAL LEGISLATIVE ITEMS: (Satisfies agenda posting requirement; materials provided at meeting). None ADDED STARTERS: (Determine eligibility for consideration) None REPORTS & REQUESTS: DEPARTMENTAL reports or requests— received and filed a) Treasurer's Investment Report of June 30, 2000 CITY COUNCIL reports or requests a) Councilmember Jones questioned status on Downtown Area Task Force b) Councilmember Hodges questioned status on Advisory Board for CRA c) Councilmember Oden questioned status on Advisory Committee for Street Name Changes. PUBLIC reports or requests - None STAFF reports or requests - None ADJOURNMENT There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk CITY OF PALM SPRINGS CITY COUNCIL MINUTES SEPTEMBER 20, 2000 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, September 20, 2000, 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 Joe Placencia, PS Church of Christ REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on September 15, 2000. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 6 of agenda this date. PRESENTATIONS: Police Department. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: - No Business Adjourn as the Community Redevelopment Agency; remain in session as the City Council. PUBLIC COMMENTS: a) Comment regarding item 14: Willie Holland, representing Desert Highland area, stated that much multifamily housing was being eliminated; that in fact more multifamily housing is needed; that it does seem that there are certain areas being targeted; that there are potential investors coming to the area to fix-up affordable housing; and added that City should not encourage another Section 14 "happening" to the neighborhood. b) Comments regarding item 15: Joe Bundura, Eagle Rider, stated regarding item 15 the regulations would allow motorcycle rentals in the C-1 zones; that the clientele for rental of Harley Davidson motorcycles is middle and upper income and European Tourists; that the allowance of the rental agency in the downtown would present a nice atmosphere for clientele. Council Minutes 09-20-00, Page 2 Susan Salk, Palm Springs business owner, stated that the current Ordinance regarding spa issues is outdated; that in an exercise studio spa treatments are not unusual; and that for massage purposes it is better to have a studio, rather than go to people's homes. Eric Langmann, Palm Springs Hotel Association representative, requested Council approval of item 15; and added that the rate signage in some hotels does need to be changed and presented pictures of various usages of signs. Stan Finn, Desert Massage Therapy, stated that he is licensed in Palm Desert, but cannot get a license in Palm Springs; that obtaining the license in Palm Springs is based on the number of rooms a hotel has; that no one else in the Valley requires a massage therapy to be licensed in conjunction with hotel rooms; that people come here to escape, relax and unwind and that includes getting a spa treatment and massage; and recommended approval of item 15. Jack Schlow, 15910 Falls Creek Rd., regarding item 15, stated that the 300 foot height of windmills destroys the vista; that the towers are too visible; and that the sight of the towers are ruining the entryway to Palm Springs, Less Starrs, 164 Vista del Oeste, regarding item 15, stated that the windmills are two times higher than the Statue of Liberty; that the views where the windmills are has been destroyed; and recommended the Council deny any installation of windmills. c) Comments regarding item 16: John Harrell, 325 W. Overlook, Historic Site Preservation Board Member, stated that while the HSPB did not declare the Ralph's store as an official historic site, the Board does feel it does have historic value and that at its next meeting determination will be made regarding the designation. John Williams, no address given, stated that there should be a density concern with the project; that the site does have historic significance; and recommended the Council retain the building if at all possible. Gary Bever, representing Ralph's, stated that the critique from the last meeting was appreciated; that many of the concerns have been addressed in the plans; that back of house issues have been complied with; that Sav-On will be shifted closer to the intersection and the entrance will face Ralph's; that the architecture will continue to be worked on; that the goal is provide a center that is unique and will satisfy the consumers need; and added that Ralph's is willing to work with the City regarding the center. Nickie McLaughlin, 2221 Janis Dr., stated that there has been a statement made that there are enough Albert Frey buildings designated as Historic Sites, that recently there was Picasso showing in which one could view 45 Picasso paintings and questioned would that be enough. Council Minutes 09-20-00,Page 3 Robert Hargreaves, Best, Best & Krieger, stated that it seems there is a persistent pattern to keep the citizens in the dark about this project; that his clients, Cheeky Monkey and the Laundromat, have been refused meetings with the project developer; that the leases do have a cancellation clause of 90 days; and questioned if the City has an obligation to the property owner with regard to a threat of condemnation and how will the City assist the small businesses in relocation costs. Pete Moruzzi, 1056 San Lorenzo Road, stated that the Historic Site Preservation Board will be holding a public hearing on October 10, 2000 regarding the designation of the Ralph's site as historic; and requested Council consideration to stay any action until after the Board meets or to require an EIR. Wally Rau, no address given, Laundry Owner at Smoke Tree, stated that the traffic of delivery trucks in the shopping center goes on all day and night; that the proposed project does not have a sound barrier; that the tenants to the rear of the project will be bombarded with noise; and that the project should be required to have an EIR for noise impact mitigation measures. Peter Sotiriou, no address given, stated that he recently moved to the area for the architecture aspects of the City; that a grocery store can be located anywhere; and that this particular site should be kept and designated as historic. Walter Volker, no address given, stated that the Smoke Tree area does not warrant a superstore and added that the Center should be kept. Gladys McMillan, no address given, stated that personally she is looking forward to a new shopping center and was encouraged by the project. d) Comments on matters not on the agenda: Long-time community activist, Frederick McCarey Ebeling, passed away and the following members of the Community paid tribute to his life. Wendy Busig-Kohn Kurt Gardner Bob Garner Don Frank Rodell Henshaw Dean Stephen Kaufmann Chuck Owen Phylis Silver Council Minutes 09-20-00,Page 4 APPROVAL OF CONSENT AGENDA: Items 1 thru 13, except Item #10. It was moved by Oden, seconded by Reller-Spurgin, and unanimously carried, that Items 1 thru 13, excluding item 10, be adopted. 1. Approval of Minutes of August 2, 2000. Approved. 2. MO 6710 approving agreement with Dozier Appraisal Company for airport property acquisition for $14,500, A4277; and MO 6711 approving Amendment#2 to A3777 with MacKenzie and Associates for appraisal report services for airport property acquisition for $4,500, total contract $10,300; and MO 6712 approving Amendment #1 to A3912 with Overland Resources, Inc., for relocation services for airport property acquisition for$39,160, total contract $66,360. 3. MO 6713 authorizing US Filter Operating Services to proceed with ground water dispersion model for$100,000. A4121. Jones Abstain, due to financial interest in US FILTER. 4. MO 6714 approving agreement with Earth Systems Southwest for materials testing, services and reports, for construction of improvements related to East Palm Canyon/Gene Autry Trail widening, for$12,174. CP92-36. A4278. 5. MO 6715 approving Change Order#5 to A3902 with G & M Construction for underground storage tank removal and replacement, for a decrease of $6,697.99, CP95-17. Hodges Abstain, Client of Employer. 6. MO 6716 awarding bid for two dump trucks to Ramsey Street Ford, Banning, for $63,528. 7. MO 6717 approving purchase of 4 service truck bodies on a sole source basis from Phenix Enterprises, of Pomona, for $20,127.70, plus tax and freight. 8. MO 6718 approving cooperative purchase of two light attack fire engines from American LaFrance, of Ontario, including trade-in of 5 surplus fire vehicles, for a net cost of$168,771.85. 9. Res 19905 approving one-year time extension of Preliminary Planned Development District 246, in lieu of change of zone and tentative tract map 28507, subject to conditions, for property located at the northeast corner of Highway 111 and Gateway Drive, R-1-C zone, Section 34. 10. See Extended Consent Agenda below. 11. Res 19906 approving gift deed from Palm Canyon Ranch for property located within the Santa Rosa Mountains, west of Bogert Trail, north of Andreas Hills subdivision. Council Minutes 09-20-00,Page 5 12. MO 6719 approving purchase change order with Har-Bro, Inc, for damage removal at southeast wing at 538 North Palm Canyon (Palm Canyon Theater)for additional $26,000, 13. Res 19907 and 19908 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Hodges 956767 Bergheer Across from residence 956832 DWA Client of Employer 956867 Chris Foster 956870 G&M 956985 Preferred Plumbing Reller-Spurgin 957128 Spouse EXTENDED CONSENT AGENDA: 10. FRINGE TOED LIZARD Recommendation: That the Council approve an MOU between Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, LaQuinta, Palm Desert, Palm Springs, Rancho Mirage, Coachella Valley Association of Governments, California Department of Fish and Game, the US Fish and Wildlife Service, and Center for Natural Lands Management regarding measure to minimize and mitigate take of the Coachella Valley Fringe-Toed Lizard; establishing $600/acre Fringe Toed Lizard Mitigation Fee. Director of Planning & Building reviewed the staff report and requested the matter be continued to October 4, 2000. City Attorney stated that the memorandum states that there will be no obligation to the General Fund if the budget is not met, but goes on to state that the City shall be obligated for the fees; that the language does need to be improved; that there has not been a willingness on all parties to change the language; and that it is recommended that the item be continued, until the language of the MOU is resolved. Councilmember Reller-Spurgin questioned whether the item would be going to the CVAG Executive Committee. Councilmember Hodges stated that the matter was discussed at the last meeting; and that it was suggested that backup funding be allocated from CVAG funds. Council Minutes 09-20-00,Page 6 Mayor concurred with Councilmember Hodges and added that the language of the MOU has not been changed to reflect the funding language; and that the matter should be continued to October 4, 2000. Motion to continue the matter to October 4, 2000 was presented; after which, it was moved by Hodges, seconded by Oden, and unanimously carried that the motion be adopted. PUBLIC HEARINGS: 14. PARHAM NOORI-ESFANDIARI APPEAL Recommendation: That the Council consider appeal of the Planning Commission decision to deny a request for a time extension of a non-conforming use and exterior modification to property located at 3775 El Dorado Blvd., R-1-D zone, Section 34. Director of Planning & Building reviewed the staff report and added that the property is unoccupied. Mayor declared the Hearing open. Parham Noori-Esfandiari, appellant, stated that efforts have been ongoing to make the property habitable; that currently the request is to allow one unit to be lived in; that if one unit was occupied, the building could be monitored for damage by vandals; that he was given the understanding that an extension could be granted; that there has been no cooperation on the part of Code Enforcement; that questions have been given to staff, but with no response; that affordable housing is needed in the City and should not be destroyed; and requested the extension of time be granted. Willie Holland, no address given, stated that all do not agree with the recommendation; that while renovation programs are needed, affordable housing should not be torn down; that one of the main problems in this location is the use of drugs; that the Police Department is not addressing the problem; that if dealers are busted, they are back on the street in a short time; and that all the problems in this Community need to be addressed. There being no further appearances, the hearing was closed. Police Chief stated that drugs in the area are problematic; that there is work on a daily basis in the area; and that the Coachella Valley Task Force is working on the issue. Councilmember Oden stated that the comments by Revered Holland were approached; that the Council had met with leaders of the Community to find out and address the direction the Community wanted to go; that the direction has been followed; and questioned if the direction has been changed. Council Minutes 09-20-00,Page 7 Director of Planning & Building stated that there are ongoing meetings with the Community; that this project is somewhat different; that the use is coming up after 10 years of the change of zone; that the structure is nonconforming; that the building should be single family not multifamily; and that it may be time to meet with the Community again to reevaluate concerns. Councilmember Oden stated that there are a number of requests for affordable housing; that many are in need; that the program that was set in place was what the Community voted on, and to change direction without full input is uncomfortable. Councilmember Hodges concurred with Councilmember Oden and added that the neighborhood did want the area to be cleaned up. Councilmember Jones concurred with Councilmembers Hodges and Oden and added that while the pulling down of a building is not something favorable, it is the directive given by the Community. Resolution 19909 upholding Planning Commission decision was presented; after which, it was moved by Hodges, seconded by Oden, and unanimously carried, that R19909 be adopted. 15. ZONING ORDINANCE AMENDMENTS Recommendation: That the Council consider amendments to the Zoning Ordinance concerning outdoor lighting regulations, the height of commercial wind energy conversion systems, motorcycle rental in the C1 zone, subject to conditional use permit, rate sign regulations, day spa regulations, and non- substantive miscellaneous amendment to promote clarity. Director of Planning & Building reviewed the staff report and proposed ordinance changes. Mayor declared the hearing open. Stan Finn, Desert Massage Therapy, requested the ability to provide massage services at the Desert Isle to more than just residents. Joe Vonderall, Harley Motorcycles, requested the ability to rent Harleys in a C-1 area and added that the entire operation will be conducted in a high-end manner. Peter Sotiriou stated that the windmills should be stopped, and questioned if the proposed amendment would allow for additional windmills, and or replacement of the smaller ones. Frank Tysen, 175 S. Cahuilla, stated that the proposed ordinance in relation to lighting is concise and well thought out; that there may be some additional tweaking that needs to be done; but that the ordinance should be adopted. comicil Minutes 09-20-00, Page 8 Councilmember Hodges stated that there have been no previous discussions or studies presented to Council regarding the changes; that it is not easy reading, nor detailed enough to be able to make a decision at this point; and requested the matter be continued to study session for full discussion. Councilmember Oden stated that there are many good changes being presented; and requested the matter be continued to a study session for full discussion. Councilmember Jones stated that field trips had been given regarding the lighting issues; and that when the results of those findings are then placed in legal terminology it is somewhat confusing. Mayor questioned if the Council desired to consider portions of the ordinance for first reading, or to continue the matter as a whole. Director of Planning & Building stated that it would be preferable to continue the entire matter for discussion. Motion to continue the matter to October 4, 2000 was presented; after which, it was moved by Hodges, seconded by Reller-Spurgin, and unanimously carried that the motion be adopted. 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. Mayor requested the Airline Services funding be discussed at the upcoming quarterly budget review. Councilmember Reller-Spurgin requested future public art pieces be presented to Council at scale to assist in visualization of the proposed project. LEGISLATIVE ACTION: 16. TPM 29683 — LUNDIN DEVELOPMENT On September 6, 2000 Council directed staff to prepare a Resolution of Denial, without prejudice, concerning Planned Development District 259 and Tentative Parcel Map 29638 for a proposed single-phased shopping center located on 9.9 acres at the northwest corner of Ramon Road and Sunrise Way, C-1 zone, Section 14. Director of Planning & Building stated that there had been some revisions to the project; that those revisions for the most part were architectural; that a conceptual drawing would be presented, but that the full design is not yet completed. Council Minutes 09-20-00, Page 9 City Attorney stated that there was some concern regarding whether the property was under eminent domain; that there had been discussions in the past; that the discussions did not come to fruition; that there were no agreements or contracts issued; and that reference to the City being liable for tenant relocation benefits is not founded. Councilmember Jones stated that the process has been confusing; that at the last meeting the Council did vote to deny the project and directed that a Resolution be prepared for approval reflecting that action; that a similar process had happened with the Walgreen's project; that the proposal is not impressive; that the developer should go back to the Planning Commission for site revisions; that the Council should not be asked to approve a visualization; and that the Resolution as recommended cannot be supported. City Attorney stated that the project was not in fact denied at the last meeting; that in any project, the developer is entitled to know when the final action takes place, in order to appeal the action; that the resolution was directed to be prepared without prejudice; that the Resolution does need to make a finding regarding the Environmental Assessment; that there is a period of 30 days aftenivards to bring action on the City; that the clock does not really start until the Environmental Assessment is filed with the County; that the Council does have options; that the options include adopting the prepared resolution, adopting a resolution without prejudice, continuing the matter to allow the developer to resubmit some architectural plans for review or to deny the project. Councilmember Hodges stated that the resolution is not clear, but that it seems the Council is being asked to approve the project finding that CEQA does not apply. City Attorney stated that if the Council denies the project, Section 1 should be removed referencing the adequacy of CEQA; that the section could be deleted; and that the thought was that the environmental issues were adequately discussed. Councilmember Reller-Spurgin stated that there are several issues; that one issue is the amount of vacant buildings already available around the City; that another issue is what will happen to the Smoke Tree store or the Carl Jr's; and that to approve the project would be a mistake. Councilmember Oden stated that the first section should not be removed; that the project is needed and should be approved; that at the last meeting the Council requested the developer to make revisions and to come back for consideration and now the Council is denying the project; that this is not the message the Council should be sending; that while it is true some buildings in the City should be historically preserved, there are some that are in need of expansion and remodeling; that the Council is presenting an image of wanting to entice business; that if the Council wants the developers, then the developers need to be supported; and that the way this matter has come to conclusion is not fair to the developer. Council Minutes 09-20-00,Page 10 Councilmember Reller-Spurgin stated that it is important that the Council stay consistent with its words and actions; that personally, her statements are not founded on the historic significance of the building, but on economics, by allowing people who are in business, to stay in business; and that her comments stand. Councilmember Oden stated that there is a question of what will happen to the support businesses; and questioned what would happen if the developer just chooses to build somewhere else; that the fact remains that business is based on capitalism and competiveness. Mayor stated that the project is good, but that the design needs improvement; that the neighborhood in the area needs a larger shopping center; that the current facility could close and all would lose; that there are too many pads in the project; that the Sav-On is too big to be located on a pad; that it is not the intent to kill the project, but rather for a creative solution to be found and a welcome opportunity for the developer to continue to work with staff and the Council to better the project; that the project should not be denied on the basis of architecture; that the developer should be encouraged to rework the project; that shifting pads from one site to another would make a difference; and recommended the Council allow the developer to resubmit its proposed architecture for the project. Councilmember Hodges stated that the project could be denied as it is and the developers resubmit its plans through the planning process. Director of Planning & Building stated that if the Council denies the project the developer will not only have to submit new plans, but all new fees would need to be paid; that the project would need to start over completely; that it is hard to get a project off the ground once a denial is issued; and that it may be better to refer the project back to the Planning Commission to rework. Resolution 19910 as revised, to delete Section #1 was presented; after which, it was moved by Reller-Spurgin, seconded by Jones and carried by the following vote that R19910 be adopted. AYES: Hodges, Jones and Reller-Spurgin NO: Oden and Kleindienst. 17, CASE 3.1875 —WHITE BROTHERS INVESTMENT COMPANY On September 6, 2000 Council directed staff to prepare a Resolution modifying Planning Commission decision, deferring engineering conditions No 5 and 25 to covenant. Council Minutes 09-20-00,Page 11 Director of Planning & Building reviewed the staff report, no further report was given. Resolution 19911 as recommended was presented; after which, it was moved by Hodges, seconded by Jones and unanimously carried, that R19911 be adopted. 18. ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: None REPORTS & REQUESTS: DEPARTMENTAL reports or requests - received and filed 19. Treasurer's Investment of July 31, 2000 CITY COUNCIL reports or requests a) Councilmember Reller-Spurgin requested a report on the progress of the project in the Economic Development Department. PUBLIC reports or requests a) Gladys McMillan suggested the Stadium be used for youth projects. STAFF reports or requests - None ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk