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HomeMy WebLinkAbout2001 - MINUTES - 10/17/2001 CITY OF PALM SPRINGS CITY COUNCIL MINUTES October 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, October 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 October 12, 2001. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 9 of agenda this date. PRESENTATIONS: Fire Department. 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: Corinne Griswold, 2050 San Antonio Rd., stated that at the weekend event, improper clothing was displayed; that the booths should be monitored by the City and recommended if the revenue couldn't be restricted it should not have the venue. Nancy Stuart, Palm Springs, stated that the weekend event was wonderful; that more events that generate this type of revenue should be brought to the City; that special events are just a matter of balance in the community; that the events bring good exposure to the City; and that the quality of life is good in the Community. Mervyn Krichere, stated availability for any questions concerning item 15. Jim Stuart, Palm Springs, stated that Palm Springs is the only City in the Valley that has restaurants open after 11 p.m.; and added that the City is truly the "City of Light". Council Minutes 10-17-01, Page 2 APPROVAL OF CONSENT AGENDA: Items 1 thru 10. Except Item #3, pulled for separate vote, Item #7, cont'd to 11-7-01, and Item #9, cont'd to 10-24-01. It was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, that Items 1 thru 10, excluding items 3, 7 and 9, be adopted. CONSENT AGENDA: Review by City Manager of Consent Items to be clarified. Public Arts Manager, regarding item 5, stated that the site currently selected to display the art pieces at the airport that only ticketed passengers will have access; but that there are alternative sites that may be used for options if it is determined that easier public access is needed. Councilmember Oden stated that the pieces are beautiful and full access is desired. City Manager, regarding item 6, stated that it does need to be clear that full earthquake coverage is not being provided; that the City does have $182 million in facility worth; that the coverage is for $76 million; that budget constraints does limit the coverage, but that the Council does need to be aware the facilities are not fully covered. 1. Approval of Minutes of September 19, 2001. 2. Res 20199 terminating agreement A4387 with Commercial Diversified Inc., for bridge repairs, CP97-20 and authorize staff to readvertise for bids. 3. SEE EXTENDED CONSENT AGENDA 4. MO 6945 approving Amendment #2 to A4192 with NRO Engineering for engineering plan check services increasing the term by one year or until October 17, 2002; and MO 6946 approving Amendment #2 to A4028 with Fomotor Engineering for engineering plan check services increasing the term by one year, or until October 17, 2002. 5. MO 6947 approving agreement with Jay Wolf Scholssberg-Cohen for loan of two murals to be installed at the eastern end of the new terminal at the Palm Springs International Airport for a term of 5 years, beginning in October, 2001 for a cost of $2,500 to cover crating and shipping and option to purchase murals, if desired, for $40,000. A4416. 6. Res 20200 approving Earthquake and Flood insurance renewals effective November 1, 2001 expiring October 31, 2002 and Multi-Media insurance renewal effective November 9, 2001 expiring November 8, 2002 for a total cost of $194,731.94. 7. Res ------ concurring with CRA A regarding approval of Amendment#2 to A409C ' with Agua Caliente Band of Cahuilla Indians and the Agua Caliente Transfer Corporation. Cont'd to 11-7-01. 8. Res 20201 approving purchase of a 53,578 square foot parcel from the Community Redevelopment Agency for $60,000; and Res 20202 amending the 2001-02 fiscal year budget thereto. See CRA B. Hodges Abstain. Council Minutes 10-17-01, Page 3 9. Res ----- consenting to and making finding pursuant to Section 33421.1 of the Health & Safety Code related to an Owner Participation Agreement for property located at Stevens Road, Palm Canyon Drive and Indian Canyon Way, Merged Project Area 1; and Res ----- approving loan for $200,000 to the Community Redevelopment Agency for site improvements by Desert Shadows III LP; and Res ----- amending the budget thereto. (See CRA E). Item withdrawn. 10. Res 20203 and 20204 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Reller-Spurgin 969126 Spurgin Spouse EXTENDED CONSENT AGENDA: 3. CITYWIDE TRAFFIC SPEED SURVEY Recommendation: That the Council approve an agreement with Albert Grover and Associates for traffic engineering consulting services for Citywide traffic speed survey for $25,650. CP01-18, A4417. Mayor stated that there is a concern when a study is performed to determine what 85% of vehicle speed is to set the speed limit on a street; that it does seem that a limit should be set and adhered to; that to change the limit based on violators does not seem right; that the City is taking part in traffic calming for areas within the City; and that while pursuing ways to calm traffic in one area of town, the City is now looking to increase speeds in other areas. Councilmember Hodges questioned the Mayor's recommendation. Mayor stated that that there are other ways to enforce; traffic speeds other than radar; that the traffic studies permit radar findings to be valid in court; but that alternative methods are atrailable. Councilmember Oden stated that current court practice: is the allowance of radar and it may be that other methods would not be substantiated in court. City Engineer stated that speed traps are not a legal alternative; that studies indicate that 85% of vehicular drivers proceed at safe speeds; that the when a study is implemented on a certain street the average speed of 85% of the drivers is found to be the correct limit to set for any given street and that the studies have been found to be accurate and allow the limit to be set at a safe speed. Councilmember Jones questioned what method would be used if radar were not used to determine the speed of a driver. Police Commander stated that the officer would clock the driver, but that it has been found the method is not admissible in court. Councilmember Reller-Spurgin stated it does seem questionable when the City is investigating speed calming in some areas and increasing speed limits in others. Council Minutes 10-17-01, Page 4 City Engineer stated that each topic is separate; that traffic calming is geared towards residential local streets while the item under consideration is for arterial and major collectors. Minute Order 6948 was presented; after which, it was moved by Oden, seconded by Hodges and carried by the following vote that MO6948 be adopted. AYES: Members Hodges, Jones and Oden NO: Member Reller-Spurgin and Mayor Kleindienst ABSENT: None. PUBLIC HEARINGS: 11. LUNDIN DEVELOPMENT Case 5.0827, PDD259, TPM29638 Recommendation: That the Council consider certification of the Final Environmental Impact Report; approval of the proposed General Plan Amendment to General Plan Policy 6.22.2, Case 5.0827, Planned Development District 259; and approval of the Tentative Parcel Map 29638, for property located at the northwest corner of Ramon Road and Sunrise Way, C-1 zone, Section 14. Director of Planning & Building reviewed the staff report and added that the project does have a long history; that in accordance with Council request an ' Environmental Impact Report was done on the project; that design concerns have been addressed in the resubmission; that the project does have a change in massing and the scale of building and that this project is a signature Palm Springs project. Tom Dodson, EIR consultant, stated that noise and air quality issues were addressed; that the purpose of the EIR is to inform parties of any adverse impacts; that the focus is on adverse conditions only; that the overriding statement of facts and findings is before the Council; that it has been found no impact on air quality; that with a 10 foot noise wall, no noise impact on the surrounding properties; that the project was redesigned to address all potential impacts; that measures have been set in place that would require loading and unloading to be done during the day; that he added his availability for any further questions. Director of Planning & Building reviewed visual site plans. Councilmember Oden questioned the location of the play area at Carl's Jr. Director of Planning & Building stated that it would be located indoor. Mayor declared the hearing open. ' James Cioffi, project architect, stated that the project has been going through the process for the past eight months; that many of the issues and concerns of the residents and neighborhoods have been addressed; that the Palm Springs Modern Committee has reviewed the plans; that a portacouter has been Council Minutes 10-17-01, Page 5 incorporated into the project; that the buildings will be: restored to the original colors; that attempts have been made to address the modernism architecture aspects; that the overall design is uniquely Palm Springs; that it is a tribute to modern design; and recommended approval of the project. Allene Smith, 227 Rain Cloud, presented a petition with 450 names endorsing the project; and stated that many who live in the neighborhood do not have transportation; that the project is needed and will serve a purpose for the Community. Karl L. Karcher, Carl Jr's, stated that the restaurant does have a drive thru with a good layout; that up to 50% of Carl Jr's business is drive-thru; that the quick serve restaurants are in demand; that this particular business is not based on tourist, but rather on the local economy; that studies generated by Sierra Research stated that cars idling 5 minutes in drive-thrus do not create as much pollution as those vehicles being started, and added that drive-thrus are now a way of life for most Americans. Laura Paiz, Compton, stated that the sales projects are calculated properly; that there will be a number of new jobs created; that the stone located at Smoke Tree is a good store; that there is no intent for closure; that the store presently located on Sunrise and Ramon is functionally obsolete; that both stores can be successful and recommended approval. Greg Bever, applicant, Huntington Beach, stated that the process started one year ago; that there is a new project and a new site plan; that the new design was completed with many recommendations from concerned parties; that an EIR has been completed; that all concerns are mitigated; that the merits of moving forward outweigh any impacts; that there is a need for the store at the location; that many of the surrounding neighbors do not own cars; that there is no shopping alternative for the neighborhood; that the site renovation will clean up 6 blighted properties; that the time has come to move ahead with the project; that a contribution will be made for a City-wide historic site; survey and requested approval to the project. Pete Moruzzi, 1056 San Lorenzo Road, stated that as chairman of the Palm Springs Modernist Committee there are still some concerns with the overall plans; that Alternate 7 does allow for the construction of Ralph's and meets most objectives; that the funding for the historic site survey will be of benefit to the City; that overall the project is a fair compromise and recommended acceptance. Mayor requested members of the audience with the Palm Springs Modernists stand and be recognized. Lobo Vadenscearce, 135 Geronimo, stated that the new renovation of the Ralph's site is needed; that a large full service drug store is likewise needed; that a fast food that serves breakfast would be of convenience to the residents in the neighborhood and recommended approval of the project. David Baron, representative on behalf of the Smoke Tree Center, stated that the past situation of the opening of a Ralph's that resulted in the closure of another Ralph's is not this situation; that the error of the past will not be repeated; that there has been oral representation that there is no current intention of the Council Minutes 10-17-01, Page 6 closure of the Smoke Tree store; that the grocery market is fluid; that it would be desirable to have formal assurance there will be no closure at the Smoke Tree Center; that there could be an operating covenant executed with Ralph's for the Smoke Tree Center; and that the Council could add a condition to approval concerning required continue operation of the store. Inez Rindahl, 254 Cherokee, stated that it is important to the residents to approve the renovation of the Sunrise/Ramon Ralph's store; and requested approval of the project. Andrew Sotta, 325 W. Vista Chino, stated that he does operate a laundromat at the Sunrise and Ramon location, does have every intention to reopen at the site when renovations are complete. Roger Watson, Anaheim, stated that Sav-on Drugs will be locating at the site; that many changes have been made to the standard architectural plans; that the architect for Sav-On did work with the project architect; that the plans do work for Sav-On; that there will be good parking and good exposure on the site; that the store will have a drive-thru for pharmaceuticals; that elderly, sick, and those with children will have the convenience of getting prescriptions filled without getting out of their cars; that Alternate 7 will not work for Sav-On; that the alternative does not provide for safety for the pedestrians nor good parking; and recommended approval of the project as presented. ' Emily Hemphill, representing Lundin Development, stated that the evolution of the project has been lengthy and time consuming; that many factors have been considered to come to the present site plans; that each concern previously stated by the Council has been addressed in the new plans; that the developer has agreed to help fund a historic site survey in the amount of $50,000; that the Council should consider what has been put on the record; that it has been stated that there is no intention of the Smoke Tree Ralph's to close due to the renovations of the Sunrise and Ramon project; that there is no reason why Ralph's would not want two successful stores; that the people who live in the heart of the City need the proposed project; many negotiations have taken place between all concerned parties and added that it would be inappropriate for someone to request a continuance of the matter at this time. Peter Dixon, real estate development, stated that the concern is that the store at Smoke Tree will close; that there is history of that very thing happening in Palm Springs; that it is a red flag that Ralph's will not give an operating covenant for the Smoke Tree store; that should that store close another blighted area will be created; that to approve the development is irresponsible and not in the best interest of the citizens; and that all options need to be explored. Councilmember Reller-Spurgin left the meeting at 10 p.m. John Connell stated that there is a concern on the donation of the $50,000 for ' the historic site survey in who would be administering the fund. Councilmember Reller-Spurgin reentered the meeting at this point. Jackie Tutujiian, Smoke Tree Jeweler, stated that a commitment is needed from Ralph's at the Smoke Tree location. Council Minutes 10-17-01, Page 7 There being no further appearances, the hearing was closed. Councilmember Hodges stated that many concessions have been made; that the project looks good and sounds exciting; that there is major concern expressed concerning the continued operation of the Smoke Tree: Center Ralph's; that the merchants do need to be provided some type of protection; that there may be some type of agreement that could be entered into concerning the continued operation of the store; that the funds donated for a historic site survey should be administered by the City; that while the idea and concept of the proposed project is promising, there does need to be some type of assurance for the merchants at the Smoke Tree Center. Councilmember Jones stated that the present plans are a great improvement over the original submission; that the style is not one of personal choice, it is different and is not a stamp of the generic shopping centers that spring up; that there are two drive thrus that are not supportable; that it is disappointing that something else could not have been substituted; that: the proposed project is somewhat of an attractive building; but that there is concern regarding the continued operation of the Smoke Tree Ralph's; that it would be devastating for the other merchants if that anchor closed; and that it does cause concern in moving forward until that piece is resolved. Councilmember Oden stated that the design is exceptional; that time has elapsed since the original submission and the result is that good things have surfaced; that the developer has spent a lot of time with concerned parties to find 1 resolution; that the concern of both stores remaining open is not shared; that both stores are operating now; that both stores are doing well; that it is understandable regarding the concern being addressed, but that in this case it is not probable. Councilmember Reller-Spurgin stated that it is commendable on the effort to bring the project into compliance with all the needs of the Community; that the end result is a better project; that a lot of players have combined effort to get a better project; that the situation at the Smoke Tree location has been addressed and that the word of the Council does need to be kept. Mayor stated that the project does have tremendous support; that the Council does realize that the area at Sunrise and Ramon does need a new renovated store; that the evaluated height of wall on the west side; will be an enhancement for the residents; that the Planning Commission can address and resolve the need of an 8 or 10 foot wall; that it is a tight site; that it is very restrictive; that the architect has a solution that is creative; that the donation to the historic site survey will go along way in allowing the survey to get started; that there is a concern on the situation at Smoke Tree; that there doers need to be the ability to allow another grocery store to enter in the site should Ralph's vacate; that the concern of impacts of one store on the other is not founded; that both stores are viable and needed; but that there does need to be a legal mechanism set in place that if the store at Smoke Tree closes another .anchor would be allowed into the site. City Attorney stated that discussions have been held concerning the working of a condition, but that without more dialogue with all parties it is not clear what condition could be added. Council Minutes 10-17-01, Page 8 ' Mayor requested concerned parties caucus to return to the meeting with agreement. At this point the item was tabled contingent on negotiations. Item was placed back on the table for consideration. City Attorney stated that the issue had been discussed; that the parties have agreed to some type of termination agreement; that more time is needed to allow parties with authority to meet and confer on the matter; that should the Council grant the continuance agreement, language could be reached; and that the matter should be continued to October 31, 2001 to allow further negotiations. Councilmember Hodges stated that there is concern regarding the length of time needed for notice; that no one moves into a site immediately upon vacation of another store; and that it is important that the issue be addressed. Mayor stated that there does need to be agreement that the store cannot be shut down and left empty; and recommended that additional time be granted for the language to be tightened. City Attorney stated that the additional time would allow for all parties to be represented. ' Motion to continue the matter to October 31, 2001 was presented; after which, it was moved by Reller-Spurgin, seconded by Oden and unanimously carried, that the motion be approved. 12. PALM MOUNTAIN COMPANY—TTM27680 Recommendation: That the Council approve Tentative Tract Map 27680 to subdivide 7.2 acres into`nine single family residential lots, subject to conditions for property located at the southwest corner of Vista Chino and Via Monte Vista, R-1-A zone, Section 10. Director of Planning & Building reviewed the staff report and visual site plans. Councilmember Oden questioned if the area was on sewer or septic service. Director of Planning & Building stated the area is a part of the City's sewer service. Mayor declared the hearing open. Marie Caplain, Stevens Road, questioned where the road ended. ' John Sanborn, Sanborn A/E, stated that the preliminary plans were approved in 1994; that the plans have now been completed; that in the meantime the map did expire; that the project will be an asset to the area; that the lots are large and that there are conditions set forth on the height of the homes. There being no further appearances, the hearing was closed. Council Minutes 10-17-01, Page 9 Director of Planning & Building stated that the roadway to the project does enter off Via Monte Vista and not off Rose Avenue. Councilmember Hodges clarified the understanding with Nis. Caplain. Resolution 20205 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, that R20205 be adopted. 13. BERGHEER CALIFORNIA, INC. PDD254, CASE 5.0804 TTM29077 Recommendation: That the Council consider subdivision of a 6.8 acre parcel into a 52-unit gated residential community located to the southwest of the intersection of Tahquitz Canyon Way and Museum Drive, R-2 and R-3 zones, Section 15. Director of Planning & Building reviewed the staff report and added that the Planning Commission did approve the project by a 3/2 vote. Councilmember Hodges cited conflict of interest in the item. Mayor questioned the 200-foot setback line location. Director of Planning & Building stated the location at the site line; and added that the set back to the east is one foot for each foot of building height; and that the setback standards on the east side are met. Mayor declared the hearing open. Marvin Roos stated that the property has had approval inthe past; that at one time a 5 to 6 story building was proposed; that this project does require special approval; that the plans are at odds with the General Plan; that there will be clusters of homes facing Tahquitz; that the 24 foot height runs 100 foot long; that all surrounding views will be blocked; that the project proposes buildings 24 feet high with narrow access between them; that the Planning Commission approval was not overwhelming; that the massing on the north property line is critical; that the problems do need to be addressed with additional study on the site plans. Bruce Page, 550 Palisades, stated that the project is of high quality; that standards should be maintained; that there may be two roads needed for the project and that if the sewer line is extended there should be allowance for others in the area to access the hookup. Bill Davis, 227 S. Cahuilla Rd., stated that there are some life safety concerns with the project; that the proximity of the structures necessitate better ingress and egress; that there is limited access to the project and that the item should be referred back to the Planning Commission for further study. Tim Helyer, 530 W. Tahquitz Canyon Way, stated that the requirements of the City have not been met; that the setbacks have not been met; that there are concerns regarding traffic; that parking for guests on the project site is very limited; and recommended the project be restudied. Council Minutes 10-17-01, Page 10 Rose Mihata, 468 W. Tahquitz, stated that when purchasing her property the allowable zones surrounding her site were considered; that this development should not be allowed; that the City should enforce its own rules and regulations; that traffic in the area is already bad; that if emergency services are needed they will not be able to get through; and that the project needs to be addressed from safety standards. Steve Cheroske, 540 W. Tahquitz, stated that the project is not comparable to surrounding homes; that the project does not meet setback codes; that everyone else has to follow the rules of the City and that this project should be required likewise and added that whatever the Council ends up approving, the residents in the area will be stuck with that decision Keith Signford, 544 W. Arenas, stated that traffic is already busy in the area; that the back of his property will end up with a 24 foot wall due to the height of the building; that the parking on the site is very limited; and requested the project be denied. Donald Corbin stated that the property proposed is a great area; that the project proposes a urban feel; that the greatest asset to the project is the proximity to the downtown; that the Fire Department has reviewed and approved the plans; that the project does propose courtyard schemes; that the project does bring an old Palm Springs feel to the architecture and requested approval as ' recommended. Councilmember Reller-Spurgin left the meeting at 11:30 p.m. Luke Ball, stated opposition to the project and added that the developer gains one million in profit, while the surrounding properties lose their views; that the density is too high; that the project is only about profit; that there are concerns on safety and requested denial of the project. Councilmember Reller-Spurgin entered the meeting at this point, 11:35 p.m. Jim Davis, stated that the plan are beautiful; that the site currently is full of trash, tumbleweed and transients; that there has been a lot of controversy on the site; and that the project should be approved as recommended. Paul Marx, stated that the project will take away the vistas of the residents and requested details of the project. Allen Sanborn, Sanborn A/E, stated that the setbacks on the west, south and east are all within the requirements of R-3 zoning; that access to the site is difficult; that the proposal submitted is the most realistic solution; that the project was difficult for site layout; that there are challenges, such as mountain water run-off that had to be addressed; that the project is dense, but that the density is to create an urban development; that the project is unique to Palm Springs and requested approval. John Sanborn, stated that the sewer lines and street issues have been addressed in the plans and stated availability for any questions. Council Minutes 10-17-01, Page 11 Frank Tysen, stated that no one is against developing) the site, but that there are issues in this project that need to be addressed; that the developer could solve some of the issues by a reduction in density; that there would be more space and a higher quality project; and that the end result would be a more compatible project within the Tennis Club area. Wanda Walker, 400 Arenas, stated that her bedroom window would face a wall of a building. There being no further appearances, the hearing was closed. Councilmember Oden requested the Fire Chief address the issue of access and flow of traffic. Fire Chief stated that the cul de sacs are close but that the; design is adequate. Director of Planning & Building stated that the traffic consultant was aware of the needs; that as the area continues to develop further, traffic signals will be needed; that the intersection does operate in an acceptable level of service; and that the projections did not show a significant increase in traffic impacting the area. City Engineer concurred and added that the traffic study slid include the build out of the area. City Manager stated that the study did not include a possible housing element at the Desert Fashion Plaza. City Engineer stated that the study did include an estimated 5,000 vehicles at the Desert Fashion Plaza. Councilmember Oden questioned the setback issue. Director of Planning & Building stated that three sides are met; that the remaining side does face an R-2 vacant area; that !in that case the setback is agreeable; that while there may be a few deficits in the setback,the project to a large degree has complied with setback regulations. Councilmember Jones stated that the difference in setbacks is on the north side and questioned if the building was one story would the setback be met. Director of Planning & Building stated that the setback would be 25 feet; that the other concern with closeness of the buildings were reviewed by the Fire Marshall; that the buildings are sprinkled; and that the Fire Marshall was comfortable with the distance between structures. Councilmember Jones stated that the developer could place single story next to the R-1 zone. e Director of Planning & Building stated that the deviation would be a loss in number of units contained in the project. Council Minutes 10-17-01, Page 12 Councilmember Jones stated that there is a problem when someone buys a home and investigates the uses that are allowed, then the Council allows a variance. Director of Planning & Building stated that it is the uniqueness of the site that resulted in the setback reduction. Councilmember Oden stated that there is concern on the blockage of Palisades and the narrow access to the development. Director of Planning & Building stated that the street is currently a dead-end; that the project proposes cul de sacs on private property and that emergency vehicles would have the needed access. Councilmember Reller-Spurgin stated that the site had been walked; that it is a beautiful project, but that there are too many homes and too close. Mayor stated that typically a project requires the development of a street and questioned why not in this case. Director of Planning & Building stated that a number of years ago the roadway was dedicated to the City and subsequently vacated; that none have voiced the desire for a full public roadway and that in this case the private driveway is preferable. ' Mayor stated that the intent seems to be to serve the citizens with a county type of road; and added that right-of-zone projects do not come before the Council; that in the case of access, the Fire Chief has stated that the ingress and egress is agreeable; that Andreas Hills for example only has one street in or out; that the number of units in the project seem agreeable, but that the increased height and setbacks are bothersome; that all the homes located on the north internal road should stay one story; that the other side of the street could be two story; that the drainage areels should be landscaped; that the bay parking is of concern; that buyers need to know that they are purchasing property in the downtown area; that buyers do need to be aware that the purchase of these properties will experience noise, traffic, street closures due to special events in the downtown; that the buyers need to know that they are purchasing property in the downtown area; that there is concern on the scale of the project; that there is concern on the open space and view; that the density of the project is questionable; that the project does seem to be too stretched; and that the units on the north side are of concern and recommended the matter be referred back to the Planning Commission for review. Director of Planning & Building stated the referral would require additional hearings on the part of the Planning Commission. Motion to refer the item to Planning Commission was presented; after which, it ' was moved by Reller-Spurgin, seconded by Jones, and unanimously carried, Hodges abstaining, that the motion be adopted. Council Minutes 10-17-01, Page 13 COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: None LEGISLATIVE ACTION: 14. ART IN PUBLIC PLACES— MERCADO PLAZA Recommendation: That the Council approve agreement and grant of easement with John Wessman dba Wessman Development Company for placement of the Sonny Bono Memorial Fountain and Sculpture at Plaza Mercado Shopping Center located at 155 South Palm Canyon Drive, and allowing application of Public Art Fees in amount of$11,787.49 toward the art project. A4418. City Manager reviewed the staff report, no further report was given. Minute Order 6949 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Jones, and unanimously carried, that MO6949 be adopted. 15. COLLIERS SEELEY INTERNATIONAL, INC. Recommendation: That the Council approve a Memorandum of Understanding with Colliers Seeley International, Inc., to market the Tahquitz Creek Golf Resort as a resort hotel site and perform a market and feasibility study for a hotel at its own cost. A-----. City Manager requested the item be continued to October 24, 2001. Motion to continue the matter to October 24, 2001 was presented; after which, it was moved by Hodges, seconded by Jones, and unanimously carried, that the item be continued. 16. COMPREHENSIVE FEE SCHEDULE AMENDMENT—AIRPORT OPERATIONS Recommendation: That the Council amend the Comprehensive Fee Schedule to add landside activity fees concerning greeting services and replacement fees for automated vehicle identification transponders for taxicab operators. City Manager reviewed the staff report, no further report was given. Resolution 20206 as recommended was presented; after which, it was moved by Hodges, seconded by Oden, and unanimously carried, that R20206 be adopted. 17. SILICON SALVAGE CONTRACT AND 2001-02 BUDGET AMENDMENT Recommendation: That the Council approve an agreement with Silicon Salvage to collect and recycle old computers and related electronic equipment for $10,000, A4419; and amend the budget thereto. City Manager reviewed the staff report, no further report was given. Minute Order 6950 as recommended and Resolution 20207 amending the budget were presented; after which, it was moved by Oden, seconded by Hodges, and unanimously carried, that MO6950 & R20207 be adopted. Council Minutes 10-17-01, Page 14 ADDITIONAL LEGISLATIVE ITEMS: 18. CITY OF PALM SPRINGS JAIL Recommendation: That the Council consider two options concerning the staffing of the Palm Springs City Jail. City Manager reviewed the staff report and added that it may be four years before the matter will need to be reviewed; and recommended that the upcoming vacancy for Commander not be replaced and the allocation of funds be directed to these positions. Councilmember Reller-Spurgin stated that a switch was made in 1997 to contractual in order to save money and that with the rising of costs the time may be to return to in-house administration; and questioned if the employees would be civilians. City Manager stated the proposal is for non-sworn personnel. Councilmember Oden concurred with Councilmember Reller-Spurgin and added there should be additional savings in lawsuits and liability issues. Councilmember Hodges questioned implementation. ' City Manager stated the change would be made as soon as possible; that in the meantime temporary employees would be used with a transition to permanent employees. Councilmember Hodges questioned if O'Linn Security was contacted. Police Commander stated that O'Linn Security does not offer the service. Resolution 20208 as r6vised was presented; after which, it was moved by Hodges, seconded by Oden and unanimously carried, that R20208 be adopted. ADDED STARTERS: None. REPORTS & REQUESTS: CITY COUNCIL reports or requests 19. Treasurer's Investment Report of August 31, 2001. Received and filed. PUBLIC reports or requests STAFF reports or requests ADJOURNMENT: There being no furth r business, orkecrt eeting adjourned. ARS City Clerk