HomeMy WebLinkAbout3/7/2001 - STAFF REPORTS CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
FEBRUARY 7, 2001
A Regular Meeting of the City Council of the City of Palm Springs, California, was called to
order by Mayor Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on
Wednesday, February 7, 2001, at 5:30 p.m., at which time, the City Attorney announced
items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in
open session.
ROLL CALL: Present: Councilmembers Jones, Oden, Reller-Spurgin, and Mayor
Kleindienst
Absent: Councilmember Hodges
The meeting was opened with the Salute to the Flag by the PSHSJROTC, and an
invocation by Reverend Tom Reitveld, Palm Springs Baptist Church.
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on February 2, 2001.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION
(All Entities) - See items on Page 7 of agenda this date.
PRESENTATIONS: Cal. Lewis Millett 50`"Anniversary-Medal of Honor
PSHS Student Body Report
HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING
AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: No Business
PUBLIC COMMENTS:
a) Comments regarding Item 20:
Jason Kelleher, stated availability regarding any questions concerning
item 20.
b) Comments regarding item 21:
Eric Meeks, 1450 E. Mesquite, expressed opposition to increasing rates
for Villagefest; that the increase for his booths is equal to 25% hike rate;
that staff and vendors should be questioned on how to make the event
better; that at the present time, money is tight; that TOT is down and the
cost of living up; that Villagefest is too much of a bureaucracy; and that a
way needs to be found to support the event during the summer months.
c) Comments regarding item 22:
Karen George, 2715 Anza Trail, stated that the project is not wanted; that
undesirables will frequent the area; and requested the project be
defeated.
1*4
Council Minutes
02-07-01, Page 2
Monte George, 2715 Anza Trail, stated that everyone thought the project
was defeated at the last meeting; that now it is being considered again;
that there are better places to build and added that the local residents do
not want the project.
Emily Hemphill, 777 E. Tahquitz, stated that State law does require a
supply of housing for all ranges of income; that the proposed project is
allowable under the General Plan and Housing Element; that the zoning
is correct and all criteria in R-3 zoning is met; that the apartments are
needed in the City; that clearly the City is not meeting its housing
objective; and that the Council should approve the project as presented.
Arnold Becker, stated opposition to the project based on density; height
of apartments; traffic congestion on East Palm Canyon and Araby and
the quality of the project; and added that although the developer may
have addressed concerns of the Council, the project itself needs to have
the setbacks addressed and be reduced overall in size.
Joe Kennedy, applicant, stated that efforts have been made to work with
the developer; that the developer insists on 104 units; that the density is
too high and intrusive for the area; and suggested the complex be
designed to be single story.
Scott Kennedy, 2398 Starr Road, stated that there have been a lot of
issues raised; that there are many apartments in the proposed area that
represent a much better architectural use; that the setbacks, traffic, and
the entry to the project will cause problems; that the residents are
concerned; and requested that the project be denied.
d) Comments regarding item 23:
Dr. Abraham Goldman, stated availability for questions regarding item 23.
e) Comments on matters not on the agenda:
Tom Davis, Tribal Planning Director, read a prepared statement, copy on
file in Office of the City Clerk, and added that Mr. Jones' letters go
beyond requesting specific action, that complaints are filed with various
entities; and recommended that the City should develop policies and
procedures for the use of City letterhead to avoid any misunderstandings
of representation.
Councilmember Oden stated that it is not the custom of the Council to
respond to Public Comments, but that in this case, a response will be
made during the Council Comments portion of the meeting.
APPROVAL OF CONSENT AGENDA: Items 1 thru 15. Except Items 6 & 10,
CONSENT AGENDA:
Council Minutes
02-07-01, Page 3
It was moved by Reller-Spurgin, seconded by Oden, and unanimously carried,
Hodges absent, that Items 1 thru 15, excluding item 6 and 10, be adopted.
Review by City Manager of Consent Items to be clarified.
Councilmember Oden stated that item 6 is indicative of a $31,000 savings for the City.
1. Approval of Minutes of January 3, 17 & 24, 2001.
2. Res 19982 approving Amendment #10 to A3138 with Washington Infrastructure
Services, Inc. (formerly Raytheon/Isbill) final closeout payment not to exceed
$219,810.
3. MO 6787 approving Amendment #1 to A4123 with US Filter Operating Services
to amend the scope of services regarding excess electrical costs due to the
inability to operate the gas powered engines from January through October
2000.
4. NO 6788 approving Changer Order#1 to A4210 with American Asphalt Repair &
Resurfacing Co., for the annual 1999/00 slurry seal program for a decrease of
$31,285.73, total contract $409,915.40.
5. MO 6789 approving contract with American Asphalt Repair & Resurfacing Cc for
the 2000/01 Annual Slurry Seal Program, Schedules A, B and Alternate C, for
$382, 219.74. CP00-27. A4338.
6. See Extended Consent Agenda
7. Res 19983 setting hearing for March 7, 2001 to vacate Right, Title and Interest in
a portion of the right-of-way dedicated for the public street named Bisnaga
Avenue lying south of Cholla Place, Section 25, T4S, R4E, R-00-053.
8. Res 19984 approving Final Map 29659 (and Subdivision Improvement
Agreement) Mainero, Smith & Associates for Joice, LLC located at 1810 and
1830 Camino Real South (APN 511-043-001 and 511-052-001) Section 26, T4S,
R4E. A4339.
9. MO 6790 approving contract with V2C Group for design and specification
preparation services for the installation of new pay structures at Victoria Park
and rubber surfacing at Victoria Park, DeMuth Park and Baristo Park for $7,000.
A4340.
10. MO ----- approving contract with Digital Internet Services Corporation for high
speed wireless internet access for 18 months (through fiscal year 2002) for a
one time set up cost of $3,463 and monthly service of $1,730, total contract
$34,603. Continued to 2-21-01.
Council Minutes
02-07-01, Page 4
11. MO 6791 approving Amendment #1 to A4164 with Robert L. Tette for police
personnel recruitment, testing, background investigation and training services for
$20,000, total contract $50,000.
12. MO 6792 approving purchase from Synchronex of 2900 energy efficient LED
traffic signal lamps for$342,959.94.
13. MO 6793 approving Amendment #1 to A4182 with Curbside, Inc., a Safety Kleen
Company, to recycle and dispose of hazardous materials collected from City
facilities for a one time pick up cost of $4,000,
14. MO 6794 authorizing participation with The Property Bureau in a demonstration
program-utilizing web based auctions to dispose of excess property collected
during investigations by the Police Department.
15. Res 19985, 19986 and 19987 approving Payroll Warrants and Claims &
Demands.
Note abstentions, if any:
Councilmember Warrant# Payee Particular Nature of Conflict
Reller-Spurgin 961207 Spurgin Spouse
EXTENDED CONSENT AGENDA:
6. PAVEMENT MANAGEMENT SYSTEM CONSULTING SERVICES
Recommendation: That the Council approve a contract with Nichols Consulting
Engineers for pavement management system consulting services for $54,505,
CP00-26. A4341.
Councilmember Oden questioned if the consultant was needed due to objectivity.
City Engineer stated the field review was needed for a data base; that the City
needs a rationale to base budget street improvement costs; that the streets are a
high fixed asset for the City; and that this will provide computer access to pick a
street and determine when the last improvements were made.
Councilmember Oden stated that it was thought that the data was already being
updated on a regular basis; and questioned if the database was taking too much
staff time to update or if the department did not have the software it needed.
City Engineer stated that the system in place is 15 years old, that due to staff
cuts the updating program was not maintained; that the information is not
current; that a new data base is needed; that due to the time needed to do the
project an outside consultant is needed and that staff does not have the time nor
the expertise to collect the data needed.
Council Minutes
02-07-01, Page 5
Minute Order 6795 was presented; after which, it was moved by Oden, seconded
by Jones, and unanimously carried, Hodges absent, that MO6795 be adopted.
PUBLIC HEARINGS:
16. CASITAS ARENAS APPEAL
Recommendation: That the Council uphold Planning Commission decision for
issuance of architectural approval, subject to conditions, for a wall at Casitas
Arenas Condominiums located at 207-881 East Arenas Road, R-4 zone, Section
14.
Director of Planning & Building reviewed the staff report and added that there is
some disagreement between the homeowners association and some of the
residents; and that common ground has not yet been found.
Mayor declared the hearing open.
Ty Cullen, read a prepared statement and added that all the work done on the
project was without permits; that the permits were applied for after the work was
done; that last week there were two 20 year old jacaranda trees cut down with
out permits; and requested that the Planning Commission decision be upheld.
Richard Carlini, appellant, stated that staff report was not correct; that the
equipment has been located above group for a minimum of 10 years; that the
metal casing the equipment was in was in bad condition; that the Board did not
know it needed to get permits; that there were trees removed, but they were
removed for aesthetic reasons; that Mr. Cullen is a homeowner in the complex,
that Mr. Cullen does not, in fact, represent 15 of the 40 homeowners; that to tear
down the wall and move the equipment will cost in excess of $2,000; that the
way the equipment is situated does look aesthetically improved; that the repaint
of the wall will be done and is not opposed by the Board; but that the Board does
not want to move the equipment.
Don McIntyre, stated that he has performed the maintenance on the equipment
for 10 years; that during that time the equipment has always been located above
ground; that the hole where the equipment was located only had a grate over it;
that the grate was deteriorated and needed to have something done; that the
problem was reported to the Board; and that he did, in fact, move the equipment
three feet to allow a block wall to be erected.
There being no further appearances the hearing was closed.
Councilmember Oden questioned if the signature wall was matched in color for
the repaint.
Director of Planning & Building stated that the homeowners association did
agree to repaint to match the existing wall.
Council Minutes
02-07-01, Page 6
Councilmember Oden stated that in the letter presented by Mr. Cullen 15 of the
40 homeowners are listed opposing the homeowners action and questioned if
the Board voted on the changes.
Richard Carlini, Board representative, stated that the homeowners association
does not require the homeowners to vote on such a matter, but that the Board
did vote to make the changes; that there is no proof that Mr. Cullen does
represent 15 homeowners; and that the representatives on the Board have not
heard any complaints other than Mr. Cullen.
Councilmember Oden questioned if the Board makes a decision how the
homeowners are notified; and why slump stone was not used for the wall.
Richard Carlini, stated that the meetings are open and public comments are
allowed during the meetings; and that the Board thought the new wall looked
matched.
Mayor questioned the location of the equipment and if it met legal setbacks.
Director of Planning & Building stated that the equipment met legal setbacks, but
was not in conformance with permits.
Councilmember Jones stated that the issue is whether the equipment should be
located in front or behind the wall.
Councilmember Reller-Spurgin stated that the equipment should be located
behind the wall.
Resolution 19988 as recommended was presented; after which, it was moved by
Reller-Spurgin, seconded by Kleindienst, and unanimously carried, Hodges
absent, that R19988 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.
Councilmember Oden stated that the issue addressed by Mr. Davis is broader
than just the letters being referenced; that each Member of the City Council has
the right to differ with the Body; but when one acts in an official capacity, the
consent of the Body is needed to act in a manner that represents the City
Council, and that is especially true for letters sent to another public agency; that
the Council has spoken in private regarding this matter; that the matter was
addressed in a Joint Meeting with the Agua Caliente Band of Cahuilla Indians;
that much effort has been spent to develop trust between the Tribal Government
and the City Council; that it was thought that an understanding had been
reached by all members of the Council regarding the writing of letters and
whether they are endorsed by the Council or written as a private citizen; that
Council Minutes
02-07-01, Page 7
when City letterhead is used, a consensus needs to be sought; that it is not clear
what direction needs to be taken at this point; that a letter sent to Santa Monica
was questioned by its legal council if the letter was, in fact, endorsed by the City;
and that it may be that this issue is one of ethics.
City Attorney stated that contact was made with Santa Monica and there will be
no legal matter as a result; that the issue tonight is being bought up due to a
public comment; that the matter is not on the agenda for discussion; that it needs
to be agendized and discussed at a study session or workshop of the Council;
and at that time materials could be brought forward on how other Cities deal with
the use of City letterhead.
Mayor directed that matter be discussed at the next study session.
LEGISLATIVE ACTION:
17. ANZA AND VIRGINIA ROADS-LIMITED TIME PARKING
Recommendation: That the Council establish the east side of Anza Road
between Del Sol and Radio Roads and the east side of Virginia Road between
San Rafael Drive and Santa Catalina Road as no parking zones between the
hours of 9:00 p.m. and 5:00 a.m.
City Manager reviewed the staff report.
Mayor questioned the diagrams presented on the limited parking zones and
requested clarification.
City Engineer stated that the designations are indicating on-street parking; and in
answer to questions by Council stated that parking currently is all over the area;
that the goal is to designate industrial area parking; and that rather impede the
area, this will allow businesses to work better.
Mayor requested that context maps be used in the future.
Resolution 19989 as recommended was presented; after which, it was moved by
Reller-Spurgin, seconded by Oden, and unanimously carried, Hodges absent,
that R19989 be adopted.
18. PALM SPRINGS TENNIS CENTER
Recommendation: That the Council suspend lease payments for the operation
of the Palm Springs Tennis Center by Collas Enterprises, Inc., for a term of one
year; or direct the City Attorney to commence proceedings declaring Collas
Enterprises, Inc., in default of lease. A4200.
City Manager withdrew the matter.
19. ARNOLD PALMER GOLF MANAGEMENT COMPANY-SUBLEASE
Council Minutes
02-07-01, Page 8
Recommendation: That the Council approve a Consent to Sublease to allow the
transfer of the Tahquitz Creek liquor license to Central California Beverage
Corporation. A3469.
City Manager reviewed the staff report and added that this is not a new license,
but a transfer of ownership.
Minute Order 6796 as recommended was presented; after which, it was moved
by Oden, seconded by Jones and carried by the following vote that MO6796 be
adopted.
AYES: Jones, Oden and Kleindienst
NO: Reller-Spurgin
ABSENT: Hodges
20. RESOLUTION OF CONVENIENCE AND NECESSITY—Cs.5.0857 CUP
Recommendation: That the Council approve a Resolution of Convenience and
Necessity, with conditions, requested by Jason Kelleher, Eddie Cinque and
Michele Cinque, Toucan's, for a Type 46 liquor license for property located at
2100 North Palm Canyon Drive, C-1 Zone, Section 3.
Director of Planning & Building reviewed the staff report and added that the
location is on Via Escuela; that the property used to be operated as a Circle A
mini-market.
Mayor questioned if the site is to be used as a cocktail lounge.
Director of Planning & Building affirmed the use.
Councilmember Oden stated that a site visit was made; that the project is almost
completely occupied; that there were vacancies for some time; that the
neighborhood issues have been addressed and that this business will help to
bring growth to the area.
Councilmember Jones stated that the neighborhood was involved in the process
and no opposition was cited.
Councilmember Reller-Spurgin stated that to stay consistent with her voting
pattern the matter would be opposed due to the belief of not lending her name to
a letter of necessity and convenience for alcohol.
Mayor stated that this area seems isolated for a cocktail lounge; that typically this
type of use is in the Central Business District or in the downtown area; and that
this is not the type of business you specifically drive to.
Director of Planning & Building stated that the area does have a lot of activity;
that there are similar uses in the North Palm Canyon area for bar environments;
Council Minutes
02-07-01, Page 9
that the Planning Commission did approve the location; that the use was also
endorsed by the Uptown Association; and that there are no concerns indicated
by the neighbors.
Motion to approve the item was presented; after which, it was moved by Oden,
seconded by Jones and resulted in a tie by the following vote.
AYES: Jones and Oden
NO: Reller-Spurgin and Kleindienst
ABSENT: Hodges
NOTE: Council policy on tie vote, with a Member absent, automatically
continues the matter to the next regular meeting for consideration.
21. COMPREHENSIVE FEE SCHEDULE -VILLAGEFEST
Recommendation: That the Council amend the Comprehensive Fee Schedule to
increase Vendor Application and Space Rental Fees to be effective March 1,
2001.
City Manager reviewed the staff report.
Councilmember Oden questioned how the increases were derived.
Director of Downtown Development stated that there was a total of $35,000 new
revenue needed; that in order to maintain the quarterly steam and weekly spot
cleanings and to furnish the necessary additional items for the farmer's market,
the increases were spread over all the vendors.
Mayor questioned what the annual costs for cleaning would be; and added that
there has been an increase to the budget for the cleaning costs; that the
Villagefest is a big activity and that this is an attempt to offset costs; that there
has not been an increase in rates since 1998 and that the action recommended
is consistent with previous City Council action.
Councilmember Jones questioned, due to the public comment made, if the
administrative costs were an issue.
Director of Downtown Development stated that the comment was not clear in its
allegation; that personally he does not receive compensation for attending and
managing each Villagefest; that there are many high maintenance vendors; that
there is a strong presence of security; and that the event is labor intensive.
Mayor questioned if the event would be expanding.
Director of Downtown Development stated that the event is currently at capacity;
that the capacity occurred earlier this year than last; that a trial of expanding
through Amado and Alejo intersections was tried, but was unsuccessful.
Council Minutes
02-07-01, Page 10
Mayor stated that growth for this event is good. but that the growth demands
more service; that with the greater demand of service an increase of street
cleaning will be needed; and added that the City is presently responding to the
need of increased police officers and paramedics for the event.
Councilmember Oden stated that if expanding north of Amado is a problem,
could the event be expanded down the side streets.
Director of Downtown Development stated that Tahquitz and Arenas were looked
at for that purpose, and that the Committee is reviewing all options.
Resolution 19990 as recommended was presented; after which, it was moved by
Oden, seconded by Reller-Spurgin, and unanimously carried, Hodges absent,
that R19990 be adopted.
22. Cs 5.0843 - FRIEND DEVELOPMENT
On January 17, 2001, Council directed staff to prepare a Resolution, with
findings, upholding the appeal to overrule the Planning Commission decision for
approval of a Conditional Use Permit and Architectural Approval for the
development of a 104 unit apartment project on 4.97 net acre parcel, located at
the southeast corner of East Palm Canyon and Araby Drives, Section 25.
a) Memorandum of Director of Planning & Building
b) If desired, Res ----- upholding, overruling or modifying Planning
Commission decision. Continued to Adjourned Council Meeting 2-14-01.
ADDITIONAL LEGISLATIVE ITEMS:
23. NATURAL GAS PROCUREMENT
Recommendation: That the Council authorize the City Manager to enter into an
agreement with Unicorn Energy for the purchase of natural gas commodity
requirements for the City's two cogeneration plants, for a time not to exceed 24
months, if the fixed price of$8.99 per MMBtu becomes available. A4342.
City Manager reviewed the staff report, no further report was given.
Minute Order 6797 as recommended was presented; after which, it was moved
by Reller-Spurgin, seconded by Oden, and unanimously carried, Hodges absent,
that MO6797 be adopted.
ADDED STARTERS: None
REPORTS & REQUESTS:
DEPARTMENTAL reports or requests — Received and Filed
Council Minutes
02-07-01, Page 11
24. Treasurers Investment Report as of December 31, 2000
CITY COUNCIL reports or requests
Councilmember Oden requested a light be installed at the crosswalk of Via
Miraleste and Racquet Club Road and Avenida Caballeros and Racquet Club;
and questioned if the County was the referral agency for rat infestation and
control.
25. a) Confirmed Council Appointees/Liaisons
b) Board/Commission Subcommittee Assignments - Continued to 2-21-01.
c) Rent Review Commission Appointment, Term ending, 06-30-02
Continued for interviews.
PUBLIC reports or requests
Eric Meeks clarified that there is no problem with the management of staff at
Villagefest, and added the increase approved would impact his fees for an
increase of$1,000 per year.
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
FEBRUARY 14, 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, February 14, 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 February 9, 2001.
HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING
AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY - No Business
PUBLIC COMMENTS:
a) Comments on matters not on the agenda:
Wendy Busig-Kohn, resident, presented a check to the Human Rights
Commission from proceeds of a benefit concert by Jimmy Greenspoon.
Jimmy Greenspoon, thanked the Community for support of the benefit
concert.
Tom Suitt, 3815 Maricarbo, stated that it is critical for the Tribe and City
to work together; that in the case of Councilmember Jones writing letters
on City stationery to government officials either through ignorance or
other agenda has embarrassed the City and created the perception that
the City Council is in agreement with what is written; that as an individual
anyone can write letters; that the letter written by Councilmember Jones
has endangered property tax and transient occupancy taxes, the largest
economic value to the City; and that Councilmember Jones should resign
from the Council to save the City from further embarrassment.
Emily Duveney, stated that it is disturbing to hear the reaction to the
letters written by Councilmember Jones; that there are no policies or
procedures set in place for use of official stationery; that Councilmember
Jones represents his constituents and has the right to express the views
in his letters.
Ed Elder, former elected representative from the State of Oregon, stated
that it appears that an elected official is being denied the right to express
Council Minutes
02-14-01, Page 2
a minority opinion and that is censorship; that a view expressing a
minority opinion of the Council should not be prohibited.
Frank Tysen, stated that all members of the House have stationery; that
Councilmember Jones was elected due to the concerns of the
Community; that the Community is concerned with losing its ambiance;
that all knew when voting for Councilmember Jones what he represented;
that he was elected to aggressively pursue the views he is expressing;
that the Tribe is trying to stifle those views; that the Tribe should not be
concerned; that more members of the Council should represent what the
42,000 citizens of Palm Springs want; and added that while the Tribe has
done a lot of good for the Community, they do intimidate the City.
Richard Milanovich, Tribal Member, stated that the Tribe is not trying to
stifle Councilmember Jones comments, but that his letters do need to be
clear in representation; that the Indian people have fought many wars,
and lost more People in those wars than any other race; that the People
have fought for the right of freedom of speech; but when a
Councilmember writes to another legislative body, the words are taken to
be that of the Council and misconception is perceived; that the letters
written by Councilmember Jones are out and out untruths; that none deny
Councilmember Jones the right to express his views and opinions, but
that the letters insinuate that it is the City as a whole that is being
represented; that the letters contain racist comments; that if the
comments were written about any other race, they would not be made
and it is not right; and that this is not about freedom of speech, but using
identification of oneself in a correct manner; and added that there is no
question where the People stand on the right to speak, and that the blood
of its ancestors was shed for freedom of speech.
Joe Kennedy, 1758 S. Araby, appellant for Friend Development, thanked
the Council for indicating its support at its last meeting for upholding the
appeal; and added that Araby Cove also thanks the Members of the
Council and added that 100 of the 125 households oppose the
development; that there have been meetings held between the developer
and the homeowners; that there has been no compromise by the
developer; that the request that the density be reduced has not been met;
that threats by the developer will not work, and requested that the project
be denied.
Dick Rollby, 1750 Araby, stated that the developer has met with the
homeowners mostly affected by the development; that the meetings were
informative and that issues were discussed and addressed; that
agreement was signed and that the developer has compromised and met
demands; and requested approval of the project.
Emily Hemphill, representing Friend Development, stated that there have
been meetings held with all parties; that progress has been made; that it
is untrue and unfair to state that there has been no compromise; that the
Council Minutes
02-14-01, Page 3
setback concerns by the Council have been addressed; that the project is
by right of zone; that the developer has made attempts to meet the needs
of all concerned; that the developer has acted in good faith; that the
project is a multi-family housing project; that the goal of the City is to
provide this type of housing; that there is a need for this type of housing
in the City's Housing Element; and that the City should not place
unreasonable or restrictive demands on the developer and requested
approval of the project.
Scott Kennedy, 2389 Starr Road, stated that none want to deny the
project, but rather there are concerns that need to be addressed; that the
setbacks, balconies, traffic, and density issues are all of concern; that the
access to the project needs mitigation; that there is time to address all
the concerns of the Council and the neighbors and that all input should
be considered.
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.
Councilmember Hodges requested the Valleywide Animal Shelter be scheduled
for discussion at the next meeting.
LEGISLATIVE ACTION:
1. RESOLUTION OF CONVENIENCE AND NECESSITY— Cs.5.0857 CUP
On February 7, 2001, Council vote resulted in a Tie Vote, continuing this matter
to the next regularly scheduled meeting in accordance with Council Rules of
Procedures. Recommendation: That the Council approve a Resolution of
Convenience and Necessity, with conditions, requested by Jason Kelleher, Eddie
Cinque and Michele Cinque, Toucan's, for a Type 48 liquor license for property
located at 2100 North Palm Canyon Drive, C-1 Zone, Section 3.
Director of Planning & Building reviewed the staff report and added that due to
the tie vote the matter is before the full council for review.
Councilmember Oden stated that the owners were consulted and have worked
several years to bring the project to this point; that it is the right mix for the site;
and added that there were many requirements added to the conditions of
approval.
Director of Planning & Building stated that this is one of the most restrictive
CUP's issued; and that enforcement capability was added to the requirements.
Council Minutes
02-14-01, Page 4
Councilmember Oden questioned if the applicant has met the conditions of
approval.
Director of Planning & Building stated that all that were possible at this point
have been complied with.
Councilmember Reller-Spurgin stated that in this case, as well as in past
practice, she would continue to vote against lending her name to the use of
selling alcohol.
Resolution 19991 as recommended was presented; after which, it was moved by
Oden, seconded by Jones, and carried by the following vote that R19991 be
adopted.
AYES: Hodges, Jones and Oden
NO: Reller-Spurgin and Kleindienst.
2. Cs 5.0843 - FRIEND DEVELOPMENT
On February 7, 2001, Council continued this matter directing staff to prepare a
Resolution, with findings, upholding the appeal to overrule the Planning
Commission decision for approval of a Conditional Use Permit and Architectural
Approval for the development of a 104 unit apartment project on a 4.97 net acre
parcel, located at the southeast corner of East Palm Canyon and Araby Drive,
Section 25.
Director of Planning & Building reviewed the staff report and added that the
developer has worked with the immediate neighbors; that the issue of traffic is
being addressed by the widening of Palm Canyon, build out of curbs and the
building of private driveways; that the setback has been increased to the
minimum of 24 feet; and that the Planning Commission did recommend
approval.
Mayor questioned the length of road that connects to Palapas, and if it would be
rebuilt.
Director of Planning & Building stated that the length is 30 feet with parking on
one side and that the drive would be rebuilt.
City Engineer stated that the developer did hire a traffic engineer to study traffic
patterns and impacts as a result of the project; that the results were satisfactory;
that traffic should not back up due to the project; that the other problem area is
the intersection of Araby and East Palm Canyon; that the amount of traffic
caused by the development will be small with respect of the overall traffic at the
intersection, and that a turn lane will be added to allow vehicle stack up.
Councilmember Reller-Spurgin questioned the length of the vehicle stack up
lane.
Council Minutes
02-14-01, Page 5
City Engineer stated that 25 foot per vehicle is allowed; that three cars per lane
will be able to stack; and that the total footage is 83 feet.
Mayor stated that in comparison to the lane stack up on the access road in front
of CoCo's there is a one car stack allowed there, causing some concern for that
intersection.
City Engineer stated that the traffic studies did indicate between 1 — 2% increase
in traffic due to the proposed project.
Mayor stated that concern for the Araby intersection already exists; that this
project will not greatly impact the intersection; that if the project is not developed,
what will the land be used for; that a commercial project will place a higher
demand on the intersection; and that the analysis indicates that the proposed
project would be the lowest increase for traffic.
Councilmember Reller-Spurgin stated that at a meeting held this day the
neighborhood did request a density reduction of 30%.
City Engineer stated that the improvements for Highway 111 would conform to
the master plan for major arteries; that the width is 78 feet with two lanes and
one turn lane.
Councilmember Hodges stated that direction was given to staff at the last
meeting to prepare a resolution upholding the appeal; that the direction could be
modified to uphold the appeal without prejudice to allow the developer to go back
to the Planning Commission to work out final concerns.
Mayor stated that the Planning Commission already approved the project.
Councilmember Hodges stated that the approval has been modified and could
be reviewed by the Planning Commission.
Councilmember Reller-Spurgin stated that whatever is approved, someone will
not be happy; that the developer has made a diligent effort to compensate the
concerns of the neighbors; that the density has been a main issue; that the facts
are that the developer has met all the rules and regulations that the City has in
place; that because one does not personally like the density, does not mean the
project does not conform to the City's standards; and that the Planning
Commission decision should be upheld.
Councilmember Hodges questioned the rate of rentals for the project.
Councilmember Jones stated the rents would range from $800 to $1000 per
month.
Director of Planning & Building stated that the market rate was applied in
determination of the rates.
Council Minutes
02-14-01, Page 6
Councilmember Jones stated that at a meeting this date with the developer it is
clear there will be no more changes by the developer and that the developer is at
the end of the road on compromises.
Resolution 19992 denying the appeal, and upholding the Planning Commission
decision was presented; after which, it was moved by Reller-Spurgin, seconded
by Oden, and unanimously carried, that R19992 be adopted.
3. CITY ATTORNEY CONTRACTUAL SERVICES
Recommendation: That the Council terminate contract with Rutan & Tucker
A4125 and approve a contract with Burke, Williams and Sorensen for contractual
City Attorney services for the City of Palm Springs for a term ending 6-30-02 and
amount of blended fee per service. A4343.
City Attorney stated that it is the attorney's privilege to represent its clients; that it
is the responsibility for an attorney to stand behind its client; that due to some
conflicts of interest, there are some attorneys that have decided to leave Rutan &
Tucker and join with Burke, Williams and Sorensen; that it is up to each City that
contracts with Rutan & Tucker to decide what direction to take with its legal
services; that Burke, Williams & Sorenson does devote two-thirds of the firm to
Municipal law; that the firm does represent the largest base of Cities in the State;
that besides himself, William Wynder, Fred Galante and Eric Dunn will also be
joining Burke, Williams & Sorenson; and that the firm will offer the City the same
terms and conditions as Rutan & Tucker.
Mayor questioned if staff reviewed the agreement.
City Attorney stated the Assistant City Manager did review the contract.
Councilmember Hodges stated that Rutan & Tucker has represented the City for
11 years; that the firm has done a good job; that the performance has been a
direct result of David Aleshire and William Wynder; and that with their move to
Burke, Williams & Sorenson, it is a good sign.
Mayor stated that it is a significant for an attorney to see something adverse
happening to a client and not allow it to occur; that the City Attorney made that
sacrifice; and that it shows a commitment to representation and to the future of a
City.
City Attorney clarified that the agreement with Rutan & Tucker would be modified
to allow pending litigation to be finalized.
Minute Order 6798 as revised, to include modifying Rutan & Tucker contract was
presented; after which, it was moved by Hodges, seconded by Oden, and
unanimously carried, that MO6798 be adopted.
ADDITIONAL LEGISLATIVE ITEMS: None
Council Minutes
02-14-01, Page 7
ADDED STARTERS: None
REPORTS & REQUESTS: None
CITY COUNCIL reports or requests: None
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