HomeMy WebLinkAbout2001 - MINUTES - 2/14/2001 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
FEBRUARY 14, 2001
An Adjourned 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
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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
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' 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.
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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 I
lane.
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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. '
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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 '
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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