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HomeMy WebLinkAbout2/7/2001 - STAFF REPORTS CITY OF PALM SPRINGS CITY COUNCIL MINUTES JANUARY 3, 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, January 3, 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 LaVeta Dillman —Chapel on the Way REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on December 29, 2000. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 5 of agenda this date. PRESENTATIONS: PSHS Student Body Report 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: a) Comments on Item 9: Tom Brooks, PS Youth Center, President of Board, expressed appreciation for City support of the Youth Center; and added that the Center has been in existence for 59 years; that it is needed even more so at this time; that the Center is expanding programs; that attendance is high; that there are vocational types of programs being offered; and that with the City's assistance, the Center's future is bright. Young man, resident, stated that he does attend the Youth Center; that it is fun; that one can play with friends and get help with homework; and added that he would like to continue to go to the Center. b) Comments on matters not on the Agenda: Ron Miller, 1750 Sharon, stated that there are steps to a healthy Palm Springs future; that some of those steps include being aware of citizens concerns; that the parking situation does need to be addressed; that City Hall must be business friendly; and that after Council does give direction, staff should be free to carry out the directives. Council Minutes 01-03-01, Page 2 CONSENT AGENDA: Items 1 thru 7. Except Item 6. It was moved by Oden, seconded by Jones, and unanimously carried, that Items 1 thru 7, excluding item 6, be adopted. Review by City Manager of Consent Items to be clarified. 1. Approval of Minutes of December 20, 2000. 2. MO 6772 concurring with CRA-A. Kleindienst abstain-Client of spouse 3. MO 6773 approving amendment#1 to A4202 with Alcalde & Fay, Washington D. C. legislative services, extending the term for one year, for a total $24,000. 4. MO 6774 concurring with CRA-B. 5. MO 6775 approving contract with Desert Janitor Company for road maintenance services for a 2-year term with two 1-year options for $4,560 per month. A4328. 6. See Extended Consent Agenda, 7. Res 19965 Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Hodges 960226 DWA Client of Employer 960227 960256 G&M Const 960262 Granite 960366 Perf Pumb 960458 Doug Wall Reller-Spurgin 960424 Spurgin Spouse EXTENDED CONSENT AGENDA: 6. CS 5.0760 PD240 BELARDO GARDENS — ERIC HEMSTREET Recommendation: That the Council approve a six-month time extension by Eric Hemstreet to commence construction on an approved final development plan for PD249, Belardo Gardens, property located on the northwest corner of Belardo Road and Sunny Dunes Road, Section 22. Mayor stated that this matter was continued due to neighborhood concerns regarding the development of the property; that there is concern with the use of the property in this location; and that the development is lacking in interest. Councilmember Reller-Spurgin stated that the planned project does include an assisted living center, and based on the appearance of conflict, would abstain from the matter. Councilmember Hodges questioned if the City turned down the project, would any legal ramification come forth. Council Minutes 01-03-01, Page 3 Director of Planning & Building stated that the project has gone through the process; that the project was supported by the Planning Commission and the City Council; that the final plans are being readied for permit; that the project does have full construction documents on file and is ready for permitting. City Attorney stated that normally approval of the Council is discretionary; that to be accurate in this case further discussions would need to be held with the Director of Planning & Building; that there may be unusual circumstances that necessitate the time extension; that there is case law regarding time extensions and the lapse of time; and that this situation would warrant continuance should the Council not wish to grant the extension of time. Councilmember Oden stated that support should be given to the project; that the reason for the delays are due to the developer working with the concerns previously expressed by the Council and the neighbors of the project. Councilmember Hodges stated that her concern for the project is not necessarily those expressed by the Mayor, but due to the number of assisted living centers already in the Valley; that when the project first came forward there was a need for more centers; but that the growth of the centers since then has greatly expanded; and questioned if the approval could be modified to approve the extension, but deny any future extensions for the project. Councilmember Jones stated that the extension is limited to six months; and that if the project has not started, the matter would come back at that time. Councilmember Hodges stated that support of the extension could be given at this time, with the understanding that there will be no further extensions. Resolution 19966 as recommended was presented; after which, it was moved by Oden, seconded by Jones and carried by the following vote, that R19966 be adopted. AYES: Hodges, Jones and Oden NO: Kleindienst ABSTAIN: Reller-Spurgin. PUBLIC HEARINGS: None 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: 8. PERS AMENDMENT Recommendation: That the Council rescind Resolution 19802 and approve paying and reporting the value of employer paid member contributions to PERS. City Manager reviewed the staff report, no further report was given. Council Minutes 01-03-01, Page 4 Resolution 19967 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Hodges, and unanimously carried that R19967 be adopted. 9. 2000-01 FISCAL YEAR BUDGET AMENDMENTS Recommendation: That the Council amend the budget totaling $459,765 to be funded from the Fiscal Year 1999-00 operating funds surplus. City Manager reviewed the staff report. Mayor stated that the allotment to the Skate Park would be an incentive to show support of the City; that the Council does look forward to the Community fundraising; and that the allotment is based on matching funds. Councilmember Oden stated that the workshop discussion did include support for the Tuskegee Airmen Mural; that the matter is not listed for approval and requested the matter be included at the Council's next regularly scheduled meeting for action. Mayor stated that the funding was recommended at $5,000 and added that Public Art Funds cannot be used due to the Mural not being publicly accessible. Councilmember Reller-Spurgin questioned the full cost of the Mural. Mayor stated that the full cost is $180,000; that the Los Angeles Airport has designated approximately $30,000; and requested that a breakdown of the funding be furnished to the Council. Resolution 19968 as recommended ($176,265-Tourism & Easter Bowl) was presented, after which; it was moved by Hodges, seconded by Reller-Spurgin, and unanimously carried, that R19968 be adopted. Councilmember Jones stated that the request for $50,000, in his opinion, can not be supported at this time; that when the matter was first introduced to the Council, there was no mention that the taxpayers would have to foot the bill; that the Council was told that there were sponsors in line for the project; that the sponsors have seemed to disappear; that the committee needs to make the effort before the Council steps forward; that there has been very little fundraising up to this point; that in addition, there is question regarding the Desert Museum and its allotment for funding; and requested the Skate Park and Desert Museum items be separate for consideration. Councilmember Reller-Spurgin stated that the Council has for a long time been addressing the need for things for the Youth to do; that the Skate Park concept came about from Officer Carr trying to assist the merchants downtown in finding a solution to all the skateboarders on the sidewalks; that a concept for a place for the skateboarders to go is being offered; and through a $30,000 donation towards development plans, the Agua Caliente Band of Cahuilla Indians have shown support; that the purpose of the matching funds is to encourage fundraising by the committee; that the $50,000 is not a donation to the fund by the taxpayers; but supports an independent/private partnership in good faith. Councilmember Oden stated that support should be given to the matching of funds; that it is an incentive to all the people working on the project; that the Council Minutes 01-03-01, Page 5 matching funds indicate that the Council supports the issue; that in the case of the Desert Museum, each month a City in the Valley supports a family day; that the Museum is located in this City, but it is the only City that does not support a family day; and that the support allows our citizens to visit the museum. Councilmember Hodges stated that the Skate Park Committee is undertaking a large endeavor; that it is difficult to fundraise; that it is good for the Committee to know that the City is behind the effort; and that the matching support should be given. Mayor questioned if the $1,500 for the Desert Museum would come out of Community Promotion Funds. Director of Finance & Treasurer stated that the funding is from fund balance and not the General Fund. Mayor stated that the Skate Park match is a test of the Community's willingness to support the endeavor; that the project also includes long needed swim park improvements; that the City has not built recreation facilities in a very long time; that park improvements have been made, but general funding has not been used for this type of purpose in years; that the youth is in need of City-sanctioned things to do; that this is a sign of a maturing City; that the request for Desert Museum is a minimal line item; that a family day is a great partnership between the City and the Museum and that a strengthening of the partnership should be pursued. Resolution 19969 as recommended ($151,500-Skate Park, Desert Museum, Downtown Experience-Maintenance & Police) was presented; after which, it was moved by Oden, seconded by Reller-Spurgin, and carried by the following vote that R19969 be adopted. AYES: Hodges, Oder, Reller-Spurgin and Kleindienst NO: Jones. Councilmember Hodges stated that she does have some concern with spending any more of the reserves; that there are issues that the City will be facing, such as increased energy costs; and that it may be prudent to consider other possible funding during the next quarter. Councilmember Reller-Spurgin concurred with Councilmember Hodges on future issues; but added that the exhaust issues at the Fire Station have been an issue for some time; that there are some capital improvements that necessitate action in order to maintain equipment. Resolution 19970 as recommended ($45,000-Fire Station #2) was presented; after which, it was moved by Reller-Spurgin, seconded Oden, and carried by the following vote that R19970 be adopted. AYES: Oden, Reller-Spurgin and Kleindienst NO: Hodges and Jones. Councilmember Hodges stated that this matter is of the same concern as previously stated; that in addition there is a concern of giving of public funds to non-profit organizations; and added that the Community should be supporting the Centers. Council Minutes 01-03-01, Page 6 Councilmember Jones concurred with Councilmember Hodges and added that there should be concern for the future; that even though interest rates did drop today, the matter could be reviewed during the next quarter; that there is some question on the basis of the funding decision; that while he personally supports both groups, he is not comfortable with the funding. Councilmember Oden stated that the opportunity to support the partnerships is now; that the youth and the seniors need a safe place to go and one that they want to go to; that in the past the City was unable to assist the organizations; that both organizations assist the City in many ways and added that the City needs to step forward and show its support for both organizations. Councilmember Reller-Spurgin stated that the two donations do need to be understood as one-time donations and not an on going guarantee. Mayor stated that one measuring stick of a Community is the services it provides; that Corporations do examine the quality of life before locating in a City; that the Centers do not discriminate in their services due to age or economics, but serve all; that the Centers have survived many years and give good service; that both Centers have been creative in operating budgets; that the funding is an investment back to the Community; that the service is essential and best provided by the two Centers; and added that the City does not provide like services. Resolution 19971 as recommended ($87,000-Mizell Senior & PS Youth Centers) was recommended; after which, it was moved by Oden, seconded by Reller- Spurgin and carried by the following vote that R19971 be adopted. AYES: Oden, Reller-Spurgin and Kleindienst NO: Hodges and Jones. ADDITIONAL LEGISLATIVE ITEMS: 10A. 2000-01 FISCAL YEAR BUDGET AMENDMENT Recommendation: That the Council amend the fiscal year 2000-01 budget to provide up to $5,000 for improvements to the Large Conference Room in City Hall to be funded from the Fiscal Year 1999-00 operating funds surplus. City Manager reviewed the staff report and added that the curtains are of commercial grade; and that it will last a significant amount of time. Councilmember Hodges stated that the reserves are being chipped away and added that the Council needs to be aware of possible future budget impacts; and questioned the amount of surplus being expended. Director of Finance & Treasurer stated that originally there was a $2.6 million surplus; that $1.1 million was moved to reimburse the Wastewater Treatment Plant. Mayor clarified that the cost for this item is actually within the City Manager's authority for approval. Council Minutes 01-03-01, Page 7 City Manager stated that the Council has held discussions for the renovation in the past; that the expenditure is significant and that the Council should be aware of the cost of upgrades. Councilmember Reller-Spurgin questioned the area to be curtained. Mayor stated that in discussions with staff, it has been indicated that more studio space is needed; and that the proposed recommendation would allow the area to be used as a studio and is a reasonable request. Councilmember Hodges stated that while televising of meetings is very desirable; the issue of funding televising improvements should be addressed at the quarterly budget session. Councilmember Oden stated that previous discussion did allow for funding requests upward to $500,000; that the total being recommended is well below that figure; and added that safety and convenience should be considered. Resolution 19972 as recommended was presented; after which, it was moved by Oden, seconded by Kleindienst, and carried by the following vote that R19972 be adopted. AYES: Oden, Reller-Spurgin and Kleindienst NO: Hodges and Jones. 1013. NEW WEST ENERGY Recommendation: That the Council receive a briefing from New West Energy relative to rulings that the California Public Utilities Commission may make regarding Southern California Edison's application to initiate a Rate Stabilization Plan and rate increase which may effect Palm Springs Energy Service's ability to provide competitive electric energy to its customers and consider action in response to the CPUC rulings. Assistant City Manager reviewed the staff report and introduced Robert Nichols and Frederick Burmedess, New West Energy. Mr. Nichols gave a power point presentation, copy on file in Office of the City Clerk; and added with the increased costs it would not be to the advantage of the Citizens of Palm Springs to be members of New West Energy; that New West Energy is requesting the agreement between the City and the Corporation be suspended until a future date; that it has been projected that SCE could raise rates as high as 60%, and that the Corporation does not have the protections offered to SCE and would result in its rates being increased even higher; that the partnership has operated with the goal of being a better value than SCE; that many efforts have been put forward to partner with the City in a positive fashion, but with the crisis looming, the Corporation can not be the partner it wishes to be with the City and recommended the agreement be suspended at this time. Mayor stated that the report is appreciated; that PSES has stood by the City; that the rates have remained below SCE rates; that the commitment to provide service to the Community has been proven over and over; that PSES has generously supported the Community, not only in its service, but contributions to various parades and has been a good partner to the City; that the crisis facing the residents of California regarding energy will not be easily solved; that Council Minutes 01-03-01, Page 8 certainly PSES can not solve the situation by itself; that it is clear that the ratepayer will have to pay for the crisis facing the State; that State leaders should have seen this crisis coming and have done nothing to curtail it; that now there is a threat to the livelihood of the State; and that hopefully the partnership with PSES can be renewed in the future. Assistant City Manager stated that approval of the proposed Minute Order would also include New West Energy transitioning its customers back to SCE. Mayor stated that personally he would rather pay PSES higher rates than return to SCE; that deregulation was supposed to free the citizens, but rather the citizens are seeing a system that has failed; that those in charge should have seen this coming; that even though the City of Palm Springs adamantly opposed the State's position, it was not listened to and this is the result. Councilmember Reller-Spurgin stated the crisis will result not only in people and corporations moving from California, but some will die due to the situation. Mayor stated that a trickle effect will happen; and not only will electricity costs rise, but all service costs. Councilmember Hodges stated that even though the situation is understandable for PSES, in her opinion, she must vote no in protest of the partnership being suspended. Minute Order 6776 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden and carried by the following vote that MO6776 be adopted. AYES: Jones, Oder, Reller-Spurgin and Kleindienst NO: Hodges. ADDED STARTERS: None REPORTS & REQUESTS: DEPARTMENTAL reports or requests-Received & Filed 11. Treasurer's Investment Report— November 20, 2000 CITY COUNCIL reports or requests Mayor Kleindienst: Requested a report regarding status of Downtown light standard surplus. Councilmember Oder: Requested reflectors be installed on the Vista Chino & Sunrise median; and added that action needs to be taken by the City for some type of recognition of Sonny Bono's contributions to the City. 12. Rent Review Commission vacancy: Mayor appointed Mr. Michael Holzman to the 6-30-01 term; after which, the Council ratified the appointment. Council Minutes 01-03-01, Page 9 PUBLIC reports or requests Ron Miller, stated that there are many unanticipated demands on the budget; and lawsuits could be avoided if questions were asked periodically by the Council. STAFF reports or requests City Manager stated that applications are now available for CDBG funding and that January 27, 2001 has been set for the James O. Jessie Desert Highland Center dedication. ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk CITY OF PALM SPRINGS CITY COUNCIL MINUTES JANUARY 17, 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, January 17, 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 Dr. Phillips — Palm Springs Church of Religious Science REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on January 12, 2001. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 6 of agenda this date. PRESENTATIONS: None. 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: A) Comments regarding item 16: Frank Tysen, 175 Cahuilla, stated that the construction of the fountain at Frances Stevens Park was a mistake; that as a result, lawsuits against the City will be filed; that the Council should not throw good money after bad money; and added that the matter should be referred to the Office of Neighborhood Involvement to survey if the fountain is what the citizens want. Paul Merot, Willows, stated that the fountain is an embarrassment to the City; that some may call it art, but speaking as an emergency physician, it is an accident waiting to happen; that there is question regarding maintenance of the fountain, and who should incur the cost of same; that with the energy crisis facing the State this is not the type of fountain to put in; that there are legal Council Minutes O1-17-01, Page 2 issues regarding the fountain; and encouraged the Council to involve the citizens in the continuance of the funding of the fountain. APPROVAL OF CONSENT AGENDA: Items 1 thru 10. Except Items #3, 4, and 8. It was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, that Items 1 thru 10, excluding items 3, 4 and 8 be adopted. CONSENT AGENDA: Review by City Manager of Consent Items to be clarified. Councilmember Oden stated that item 6 would be funded by the use of compliance funds and should be used to enhance emergency safety services; that item 7 is a joint cooperation between the Agua Caliente Band of Cahuilla Indians and the City; and that item 9 will result in a cost savings in personnel and expenses for the City. 1. MO 6777 approving Amendment#2 to A1529 with Palm Springs Senior Citizen Complex, Casden Properties GPII, for minimum annual rent of $59,796, plus 6.75% if gross receipts over $1,174,173. 2. MO 6778 approving Amendment#1 to A4230 with Albert Grover &Associates to conduct a traffic synchronization study on Sunrise Way for $7,500. CP00-05. 3. SEE EXTENDED CONSENT AGENDA 4. SEE EXTENDED CONSENT AGENDA 5. MO 6779 ratifying payment to Southern California Edison for the cost of relocating facilities for Gene Autry Trail widening, MVP Phase II for $25,187.95, CP99-13. 6. MO 6780 approving purchase for Fire Department of five Oscillomate blood pressure monitors and supplies from CAS Medical Systems, Inc. for $16.281.03. 7. MO 6781 approving grant deed from the City of Palm Springs to the Agua Caliente Band of Cahuilla Indians for property located in the Tahquitz Canyon area consisting of 4.531 acres. 8. SEE EXTENDED CONSENT AGENDA 9. MO 6782 approving agreement with Philip C. Strauch to provide police department court liaison services for$20,000. A4330. Council Minutes 01-17-01, Page 3 10. Res 19973 and 19974 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Hodges 960621 DWA Client of Employer 960643 Chris Foster 960652 Granite 960777 Doug Wall Reller-Spurgin 960751 Spurgin Spouse 960846 Spurgin EXTENDED CONSENT AGENDA: Councilmember Hodges stated that items 3 and 4 should be delayed and reviewed at the next quarterly budget review; that the City is facing an energy crisis; and that it would be prudent to delay expenditures from fund balance. Councilmember Oden stated that each expenditure must be examined, but that the downtown improvements must be made; that the expenditures will enhance the beautification of the downtown; that the cleaning of the sidewalks does need to be done; that an increase for pickup of trash is needed; and that hopefully the increased services will encourage the merchants downtown to join in the beatification of the area. 3. MO 6783 approving Amendment#1 to A4226 with Desert Janitor Company for annual cost of afternoon trash removal in the Downtown area on Fridays, Saturdays and Sundays for $13,776, total contract $55,462.85 per year. Hodges and Jones — No. 4. MO 6784 approving Amendment#1 to A4225 with TruGreen Landscape to include the cost of steam cleaning public sidewalks along Palm Canyon Drive between Alejo and Baristo Road and a portion of Tahquitz Canyon Way between Indian Canyon and Belardo Road for $40,800, total contract amount $520,965.64 per year. Hodges and Jones — No. 8. MO 6785 approving agreement with Tom Dodson and Associates to prepare an Environmental Impact Report for a proposed shopping center located at the northwest corner of Ramon Road and Sunrise Way for $59,000, plus City administrative fee of $7,205, costs to be fully reimbursed by Lundin Development Company. Zone C-1, Section 14. A4331. Jones — No. Councilmember Jones stated that the project was not acceptable; and at this time the funding should not be approved. Council Minutes O1-17-01, Page 4 In response to questions by Council, City Manager stated that the project has not been fully defined; that the developer is in fact paying for the EIR; that the City is hiring the consultant for the preparation to obtain an independent EIR and that the City would have the contractual obligation with Tom Dodson and Associates with reimbursement from Lundin Development. Mayor stated that there were a number of concerns expressed by the Council when the project was initially reviewed; and that the EIR would allow for preventative work regarding the project. PUBLIC HEARINGS: 12. CASE 5.0843 —APPEAL OF FRIEND DEVELOPMENT PROJECT Recommendation: That the Council consider an appeal of Planning Commission's approval of Friend Development Palm Springs, LLC for a conditional use permit and architectural approval for the development of a 104 unit apartment project on a 4.97 acre parcel located at the southeast corner of East Palm Canyon Drive and Araby Drive, R-3 Zone, Section 25. Director of Planning & Building reviewed the staff report and added that due to the acreage of the project it is exempt under State law for review of environmental impact; that the developer was encouraged and did in fact meet with the neighboring homeowners association; that there were demands placed on the developer by the homeowners association; that those demands were met and complied with; that the project does have conditions set by the Planning Commission; that the conditions were agreed to by the developer; and reviewed the site plans on display in the Chamber. In answer to questions by Council, he stated that the setback for a two-story building is equal to the height of the building; that the Planning Commission did approve the setbacks; that the long sides of the buildings face the condominium project; and that the balconies are located on the long side of the building. Mayor declared the hearing open. Ron Rogers, 2230 S. Araby, stated that it is surprising that the Planning Commission approved the project; that most of the homes in the area are on a minimum of one-quarter acre; that the density of the project is too much for the acreage; that the number of units with the allowance of two vehicles per unit will cause a hardship on increased traffic for the present homeowners; and requested consideration of upholding the appeal. Robert Hinz, 2772 Anza Trail, stated that there are a lot of changes in Palm Springs; that there is no justification for this aggressive explosion of high density; Council Minutes 01-17-01, Page 5 that traffic jams will occur at the intersection of Araby and Palm Canyon and requested approval of the appeal. Margaret Stanton, 2512 Morongo Trail, stated history bears out motivation is based on greed; that the density of this project is based on greed; that there are 104 units being built on less than five acres; and requested approval of the appeal. Monte George, 2370 Anza, stated that the area is a quiet one; that if the project is approved there will be an increase in traffic and transients; that the neighbors do not want the project and requested the appeal be upheld. Dennis Houck, 2619 Anza Trail, stated that the area has a rural feel to it; that the scenic views are uncompromised; that there are a number of households in the area as it is; that traffic will be a problem; that there is a question of what will happen to the quality of life; that ingress and egress will be dangerous; that the project needs to be downscaled and recommended upholding the appeal. Doug Erenberg, 1780 Araby, stated opposition to the project, but not to overall development for the City; and added that the parking should be modified; that supposedly the apartments were to be luxury; that the impact on the entry to Palapas will be detrimental; and requested upholding the appeal. Arnold Becker, stated that the density is ultra high; that the allowance of the variance does not maintain the integrity of Palm Springs; that there will be an increase in noise and traffic; that the project is overbuilt; that the project will attract tenants that have no stake in the community, and due to the small size of the apartments there will be a high turnover and requested upholding the appeal. Dick Roland, 1750 Araby Drive, stated that the Association did meet with the developer on November 18, 2000; that the developer did listen to the concerns; that all the concerns were addressed; that most of the Park South Association did support the project; that the property site has been vacant for 40 years; that the project looks good; and that the project is needed in the Community. Leonard Pearlman, 1784 S. Araby, stated that the Planning Commission should be supported; and added that all issues have been addressed in the approval process. Scott Kennedy, appellant's son, stated that there will be loss of privacy when the project is built; that the proposed buildings have balconies that overlook the backyards of the Park South condominiums; that the height of the oleanders between the two properties cause a closed in feeling; that the design of the buildings needs to be modified to fit the lot; that the project is being built to maximize profits; that other apartment complexes in the area are of better design Council Minutes 01-17-01, Page 6 and that all are rented by lease, not month to month; that the development should be an asset to the City and requested the appeal be upheld. Joe Kennedy, appellant, stated that his condominium is the middle unit on the cul de sac butting up to the proposed project; that petitions against the project were circulated among the homeowners; that 65% of the petitions were returned; that Araby Cove is unique; that those who live there love and respect the desert; that month to month rentals are not good for the area; that traffic problems will occur; that the configuration of the acreage was done to avoid CEQA requirements; that there were minor modifications granted by the Planning Commission, that the City's rules should not be bent for this development; that the density is based on greed by the developer; that the majority of the neighbors do not want the project and requested the appeal be upheld. Frank Tysen, 175 S. Cahuilla, stated that the Planning Department did reach out to the neighbors regarding the project, but that the area of contact was too small; that many administrative modifications were granted to the developer; that the parking is inadequate; that the other apartments are developed according to the rules and questioned why this one is not; that it is time that the City realizes it can be choosy now and use the high standards it has in place; that the residents need to be protected and not sacrificed to more unnecessary unwanted development and requested the appeal be upheld. Joyce Parody, 2370 Araby, stated there is a concern with two story buildings, that traffic will be a problem; that the high berm on El Cielo is the cause of many accidents; that the intersection is already bad, and with the addition of more vehicles will be impossible; that the density is too high and requested the appeal be upheld. Joseph Fitzgerald, 2390 Araby, stated that the density of the project is too high; that the increase in traffic at the intersection of Araby and Palm Canyon will be a problem spot; and requested the appeal be upheld. David Hardrick, Anza, stated that there are traffic concerns; that the intersection is bad; and that the project will result in traffic being forced into other areas. Hugh Kaptur, project architect, stated that the project is designed on R3 property; that it is in compliance with City standards; that the client does have a right to build on the property by right of zone; that the project has been revised per the Planning Commission; that the cost of land, management and maintenance of the project does need to be offset by the income; that density is one way for the offset to be accomplished; that the developer is trying to meet the needs of the neighbors and of development in a tough market; that most of the concerns addressed during this hearing are not from immediate adjacent property owners; that the site lines to the adjacent properties were addressed Council Minutes O1-17-01, Page 7 through the Planning Commission process and that all the design issues expressed by the neighboring properties were addressed. Randy Friend, developer, stated that planning staff was supportive during the process; that the project as presented is one the City can be proud of; that traffic studies were performed; that the concerns of the neighbors were addressed and that all requests were complied with. Wyn Holmes, developer, stated that when the neighborhood meetings were held each issue raised was addressed in an agreeable manner with the concerned party; that the view into the back yards of the adjacent property owners is blocked by oleanders; and that when the matter was reviewed by the Planning Commission it was thought that all issues of concern had been addressed and resolved. Karen George, 2772 Anza Trail, stated that the apartments would be the cause of riff-raff moving into the area; that the current residents want a quiet area; and with the energy crisis looming, it does not make sense for the City to be building more apartments. Elmer Modle, 2490 Avery Unit B, stated his location is across the street from the proposed project; that the project should not be supported due to traffic concerns; that another lane will be needed on East Palm Canyon for left turns; that even though the developer's needs are understandable, the citizens do not want to be like Orange County or Anaheim, where these type of projects turn into ghettos. Karen Rice, 2772 Jacaranda, stated that density is an issue; that parking requirements should not be granted a variance; that the project should be revised to address the needs of 104 units on such a small acreage; and added that the surrounding community does not want the project. There being no further appearances, the hearing was closed. In response to questions by Council, Director of Planning & Building stated that if the oleanders were removed, a new buffer would need to be set in place; that until the landscaping buffer grew, more of the building would be exposed; that the Planning Commission will meet regarding the final plans; that the set backs are by right of zone; that the height of the building is within the compliance of regulations; and that the Planning Commission did approve the roof as architectural relief as proposed by the developer. Councilmember Oden stated that regarding the traffic issues, whether the project is built or not, traffic flows on two arteries and as the population increases, so will the traffic; that the property owner does have the right to develop the property; Council Minutes 01-17-01, Page 8 that there may be some alternatives to the project that would make it more agreeable; that attempts have been made by the developer; that there are some people that are just against growth; and that something should be able to be worked out that can be agreed on by all parties. Councilmember Hodges questioned how many units are by right of zone. Planning Director stated that the developer could add one more to the site. Councilmember Hodges questioned if the number was not over the entitlements, why the CUP was needed. Planning Director stated that the City did approve a resort overlay for all property on east Palm Canyon; that originally the City wanted to review the property due to the interest for an assisted living facility for the area; that the setbacks for the projects are in the Ordinance; that the project has had challenges; that the developer has risen to meet the challenges; that if the resort overlay zone was not in place the project would have been approved before this step in the process. Councilmember Hodges stated that the second story butts up against the single story condominiums; that it does seem to be an invasion of privacy; and questioned if the carports could be moved to the back to add separation between the properties. Councilmember Oden stated that in a previous development the Council opposed parking near residences. Councilmember Hodges stated that the two story is not acceptable next to the residential; that the project is good, but that support cannot be given with the current design. Councilmember Jones stated that there is concern with the ingress and egress; that the project site is very close to Highway 111; and that it may behoove traffic concerns to move the entryway more south. Councilmember Reller-Spurgin stated that there have been concerns regarding the density of the project; that if the number of units is reduced and the developer charges more rent per unit, the bottom line will be covered; that it is difficult to fit 104 units on the intended area; that property rights are a two way street; and that there is a problem with the project as it is proposed. Mayor stated that the zoning of the property is R3; that the setback allowance is equal to the height of the building; that the density per acre is 21 units; that the parking requirements are allowances of 1.5 vehicles for one bedroom, and 1.75 Council Minutes O1-17-01, Page 9 for two bedrooms; that the project has met all the requirements; that the project is proposed by right of zone; that the impact of the resort overlay to the project brought the project through this approval process; that the resort overlay intent was to provide the Council with the opportunity to review any commercial, hotel or retail type of projects off east Palm Canyon; that the developer did meet with the neighbors of the project; that the concerns and issues raised by the neighbors were addressed to the satisfaction of the neighbors; that 20 of the 30 residents did sign a petition of support; that one of the conditions included a gate controlled access to the condominiums; that the developer did agree to install the gate and provide the remote controls to the residents; that there are rules that are established to guide development in the City; that the developers did follow those rules; that the only modifications to the project were minor and are allowed to be granted by staff at the Planning Department level, that the traffic issues were addressed by the City Engineer; and the developer has in fact complied with all that has been requested. Councilmember Hodges stated that there is a variance being requested; that the variance is in regard to the setback back by the condominiums; that the actual requirement is 24 ft rather than the 19.2 ft; that the additional distance would be beneficial for the condominium owners; and moved to uphold the appeal, without prejudice to allow the developer to work out design issues related to the two story height. Motion failed due to a lack of second. Councilmember Oden clarified that if the pitched roof was eliminated, the height of the balconies would not be altered. Director of Planning & Building reviewed the visual plans on display. Mayor clarified that if the pitched roof was eliminated, towers would be set in place to obscure air conditioning units and the like. Councilmember Reller-Spurgin stated that the summaries by the Mayor were appreciated; that it is clear that the developer did in fact follow the rules and regulations; but that the difficulty is with the density, traffic issues and two story balconies that overlook the condominiums; that no one on the Council wants to close the door on development, but that personally she was elected to vote her heart, and that in this case the project can not be supported. Councilmember Hodges stated that if the appeal is upheld without prejudice, the developer could make the modifications being recommended at no additional costs from the City. Council Minutes 01-17-01, Page 10 Motion to direct staff to prepare resolution with findings overruling Planning Commission decision was presented; after which, it was moved by Reller- Spurgin, seconded by Jones, and carried by the following vote AYES: Hodges, Jones and Reller-Spurgin NO: Oden and 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: 11. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM-Federal Highways Recommendation: That the Council approve the Disadvantaged Business Enterprise Program for Federal Highway Administration Funds for Federal Fiscal Year 2000-01. City Manager reviewed the staff report and added that the approval would not affect any projects that were in conjunction with the FAA. Resolution 19975 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Hodges, and unanimously carried that R19975 be adopted. 13. 2000-01 FISCAL YEAR BUDGET AMENDMENT Recommendation: That the Council amend the Fiscal Year 2000-01 budget to provide a contribution of $5,000 to the Tuskegee Airmen Mural Foundation to be on display at the Palm Springs Air Museum to be funded from the Fiscal Year 1999-00 operating funds surplus. Councilmember Jones expressed full support of the Air Museum; that when the Council did review the budget at its workshop his concerns were expressed for the future of the City's economy; that non-essential matters should be delayed a few months for the next quarterly budget review; and that the recommendation should be to error on the side of prudence to assess the energy crisis; that during the election process, he stated that financial accountability and conservatism were matters that he upheld; that since being in office, wage increases have been given that must in fact be paid; that there are looming increases regarding the City's energy and that to govern a healthy City, all considerations must be evaluated. Council Minutes 01-17-01, Page 11 Councilmember Hodges stated opposition to the funding due to the expense without knowing the future; and added that the project is a good one, but that the funding should be delayed at this time. Resolution 19976 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin, and carried by the following vote that R19976 be adopted. AYES: Oden, Reller-Spurgin and Kleindienst NO: Hodges and Jones. 14. COMPREHENSIVE FEE SCHEDULE AMENDMENT—AIRPORT PARKING Recommendation: That the Council amend the Comprehensive Fee Schedule regarding airport parking rates to $1.00 each '/z hour- $7.00 daily maximum. City Manager reviewed the staff report and added that the increase will go into non-airline revenues and that the Airport Commission recommended the matter. Resolution 19977 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried that R19977 be adopted. 15. TAHQUITZ CREEK GOLF RESORT Recommendation: That the Council amend Formal Rules and Regulations for the Tahquitz Creek Golf Resort and amend the Comprehensive Fee Schedule regarding resident discount green fees. City Manager stated that the issue has been discussed for several months; that the Director of Facilities has been working with various groups for a consensus of the rates and that all are in agreement. Councilmember Reller-Spurgin concurred with the City Manager. Resolution 19978 amending rules and regulations and Resolution 19979 amending Comprehensive Fee Schedule were presented; after which, it was moved by Hodges, and unanimously carried that R19978 and 19979 be adopted. ADDITIONAL LEGISLATIVE ITEMS: Council Minutes O1-17-01, Page 12 16. FRANCES STEVENS PARK Recommendation: That the City approve amendment #1 to A4085 with David Morris for the design and execution of the 'Rainmaker" sculpture/water piece located in the Frances Stevens Park to include the installation of 7,150 sq ft of textured and colored sidewalk for $51,000; and accept reimbursement from the Community Redevelopment Agency for same. City Manager stated that this matter was a companion with CRA-B. Mayor stated that the Caroline landscaping might not be the best consideration. Resolution 19980 and 19981 as recommended were presented; after which, it was moved by Hodges, seconded by Oden, and carried by the following vote that R19980 & 19981 be adopted. AYES: Hodges, Oden and Kleindienst NO: Jones and Reller-Spurgin. ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests PUBLIC reports or requests STAFF reports or requests ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk CITY OF PALM SPRINGS CITY COUNCIL MINUTES JANUARY 24, 2001 A 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 Tahquitz Canyon Way, on Wednesday, January 24, 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. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on January 19, 2001. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: - No Business PUBLIC COMMENTS: a) Comments on matters not on the agenda Art Lyons, resident, stated that Shadow rock Development should be supported; that the project is economically viable; that the Attorney should not be making business deals, but be examining the project for liabilities if the project fails; and requested Council support for the project. Julie Rupp, resident, representing celebrity estate owners filed letters on behalf of the Heritage Home Owners Association, copy on file in Office of the City Clerk. 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 stated that the car safety seat inspection was successful; and added that a driver training programs is also being conducted. Councilmember Oden stated that the dedication of the James O. Jessie Desert Highland Unity Center monument would be Saturday January 27, 2001 at 11:30 a.m., at the Desert Highland Unity Center Park. LEGISLATIVE ACTION: 1. AIRLINE MARKETING AGREEMENT �C Recommendation: That the Council approve an agreement with Siam, Hellenes & Either, Inc., (SHE) for the development of the Palm Springs International Council Minutes 01-24-01, Page 2 Airport airline marketing plan for a term to expire on June 30, 2001 for $49,500. A4334. City Manager reviewed the staff report and added that the airport is seeking competitive fares and year around service. Assistant City Manager-Operations stated that the contract would be for four months; that the agreement is not to market the airport, but to develop a plan on how to market the airport; that the plan will include a comprehensive look at the airlines and the properties of the airport; that the firm is highly recommended by the industry; that the firm also does route analysis for airlines and will help staff to determine the next step in a detailed marketing program. Councilmember Oden questioned after the terms of the agreement are met, who will implement the recommendations. Assistant City Manager-Operations stated that the report will clarify whether a consultant is needed or in what manner to proceed; that after the final report is issued, the matter will come to the Council for direction. Councilmember Jones questioned if the Valley Partners were sharing in the expense. Assistant City Manager-Operations stated that other Cities would not be sharing in the expense; that the airport budget did fund a marketing position; that no one was hired, leaving those funds to be used for this project; and added that the Committee did have representation from the Valley Cities to interview the various firms. City Manager stated that it is the intent of staff to broaden the solutions, resulting in inclusion of our down valley partners. Mayor stated that the matter was concurred by the CVA; that the funds are general fund related; that the airport enterprise funds must remain within the use of the airport to strengthen facilities; and that it is appreciated that a regional approached was used for the analysis. Minute Order 6786 as recommended was presented; after which, it was moved by Hodges, seconded by Oden, and unanimously carried that MO6786 be adopted. ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk