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HomeMy WebLinkAbout2001 - MINUTES - 1/17/2001 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 issues Council Minutes 01-17-01,Page 2 ' 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 O1-17-01,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. 1 Council Minutes 01-17-01, 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; 1 , 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 01-17-01, 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 01-17-01, 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; thiat 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. i Council Minutes O1-17-01, 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 01-17-01, 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 busi ayor declared the eeting adjourned. PATRICIA A. SANDERS City Clerk 1 ,