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HomeMy WebLinkAbout2001 - MINUTES - 2/7/2001 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: Col. Lewis Millett 501h 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 I defeated. 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. MO 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 8, Resurfacing Co 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, T43, 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. 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. Council Minutes 02-07-01, Page 4 ' 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. 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: Council Minutes 02-07-01, Page 5 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. 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 Council Minutes 02-07-01, Page 6 ' 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 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 Council Minutes 02-07-01, Page 7 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 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. Council Minutes 02-07-01, Page 8 ' 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; 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 Council Minutes 02-07-01, Page 9 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. 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. Council Minutes 02-07-01, Page 10 ' 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 a contract/purchase order with Unicom 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. 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 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. Council Minutes 02-07-01, Page 11 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. C - iL'- PATRICIA A. SANDERS City Clerk