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HomeMy WebLinkAbout8/15/1984 - MINUTES L�u�E CITY OF PALM SPRINGS CITY COUNCIL MINUTES AUGUST 15, 1984 A Regular Meeting of the City Council was called to order by Mayor Bogert, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednes- day, August 15, 1984, at 7:30 p.m. ROLL CALL: Present: Councilmembers Birer, Foster, Maryanov, Smith and Mayor Bogert Absent: None The meeting was opened with the salute to the Flag and a moment of silence. COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned For the purpose of convening as the Community Redevelopment Agency; and upon reconvening, business resumed. APPROVAL OF MINUTES: It was moved by Foster, seconded by Birer, and unanimously carried, that the Minutes of July 24, 31 and August 1, 1984 be approved. PUBLIC HEARINGS: 1. P.D. 158 - NATIONAL UNIVERSITY Recommendation: That the Council approve planned development district to allow National University to be located at 2800 E. Alejo Road, between Commercial Road and Civic Drive, M-1-P Zone, Section 12. Director of Community Development reviewed his report dated August 15, 1984, noting that no external structural modifica- tions or site alterations are to be made aL this time, and that minor alterations will occur in the parking area in the (116) form of installing lighting, resealing the pavement and installing shade trees; that the site is that of the former corporate offices for the Bird Corporation; that question was raised at the last study session relative to the total number of signs allowed for this use throughout the community; that the Sign Ordinance permits the Director of Community Develop- ment to review signs for quasi-public uses; that he did not agree with the number of signs that the applicant had indi- cated would be desirable; that he would be willing to approve three signs, one north and one southbound an Farrell and one eastbound at Alejo and Farrell , noting that public direction may be needed because of the particular intersection; and that because of the restrictive approach of the signing ordinance, he did not believe any greater number would be appropriate. Mayor declared the hearing opened. Dr. Fred Huber, Chancellor of the Palm Springs campus, 1852 San Luis Way, stated that the University is pleased to become a part of the community, and it will be the eighth campus for the University, a facility that appeals to working adults and offers degree programs; that the University typically is located off of a freeway, and that in this instance it is not on a main thoroughfare and the University desires to route traffic to its site; and that signs would be appropriate at Palm Canyon/Vista Chino, on Indian Avenue, Vista Chino/ Farrell , Farrell/Alejo, Ramon/I-10, and East Palm Canyon/ Farrell . He stated that seven signs would be a minimum required to direct students, and suggested Chat the Council approve the request for the signs, noting that he concurred with the North/South directional signs on Farrell at Alejo. He noted that the signs are 24" by 12" and provide direction and not advertisement. Council Minutes 8-15-84 Page 2 PUBLIC HEARINGS 1. P.D. 158 - NATIONAL UNIVERSITY Don Brown, Chamber of Commerce, 190 W. Amado Road, stated that the Chamber supports the location of the University in Palm Springs, since it has noted the need For higher educational facilities in the community and the benefit that the community will receive by having it here. There being no further appearance, the Mayor declared the hearing closed. Resolution 15184, approving the planned development district as recommended, was presented; after which, it was moved by Birer, seconded b•y Foster, and unanimously carried that Reso- lution 15184 be adopted. Discussion ensued concerning the possibility of' temporary signs in the community in order to familiarize people with the location of the University. City Attorney stated that the (116) Community Development Director's decision could be appealed through the normal process; and that there is nothing in the Sign Ordinance to preclude the Director from approving tem- porary signs. It was moved by Smith, seconded by Birer, and unanimously car- ried, that the Director of Community Development be requested to consider temporary signs for a twelve-month period, and determine permanent sign location; with the understanding applicant may follow the normal appeal process if it is dis- satisfied with the Director's decision. 2. C.U.P. 5.0285 - GEORGE MARANTZ Consideration of appeal from Planning Commission denial of RV park on the western extension of Mesquite Avenue, west of Park View Mobilehome Park, Section 22. Councilman Maryanov stated that he would abstain from discus- sion and voting. Director of Community Development reviewed his report dated (78) August 15, 1984, noting various displays in the Chamber. He stated that the site was graded as part of a prior application for extension of the existing mobilehome park, however, that project did not proceed. Mayor declared the hearing opened. W. McKenzie, Pace Engineering, 5435 Balboa Blvd. , Encino, Engineer representing the applicant, stated that the applica- tion was submitted before the City's RV standards were revised, and the applicant was asked to hold the application pending that process; that only 6.4 acres of the site is usa- ble; that prior to the ordinance change, the only site con- sidered by the City as appropriate for an RV park was one that was located adjacent to an existing mobilehome park; that no assistance has been given by City staff in working out a com- promise for the project; that determination needs to be made whether the use is applicable to the site, and the question of access; that there is no access behind the Armendaris prop- erty; that the plan called for private streets entirely; that there is a 51-A natural slope to the site, requiring terracing in order to permit fiat areas for the RV's; that the highest wall would be 11 feet, and that the major concern, was visi- bility from Palm Canyon Drive; that the site cannot be seen from that locale and the existing park creates a visual barrier between the proposed RV site and the street; that he Council Minutes 8--15-84 Page 3 2„ C.U.P. 5.0285 (Continued) believes the project will be an asset to the neighborhood; and that there would be fencing around the east boundary, tying into the mountain face to the south and a block wall along the north face from the Armendaris property back to the mountain. He stated that an equestrian trail is shown into the site, although it would have nowhere to go, and requested deletion of that requirement; that the applicant is requesting approval of 116 spaces with an average setback of 23 feet, noting that the asphalt. "patio" would extend no closer than 10 feet and the applicant would be willing to put a barrier so an RV could not be closer than 15 feet from the property line; that a wandering landscape hedge is preferable to disturbing the existing landscaping along the westerly part of the existing park; that this is a hotel zone and eventually the property will be usable for that purpose; and that he considered the RV park as a extension of the existing use. In answer to question by Council , Mr. McKenzie stated that 2A, acres would have to be left as an open lot, which is the area unusable. In answer to question by Council , Director of Community Devel- opment stated that as one moves toward the southerly portion (78) of the project, the elevation increases substantially and there is a 50 foot differential in elevation; and that grading plan indicated that fill will be required to create flat pads. Mr. McKenzie stated that grade of the sites in Parkview make this site invisible from Palm Canyon and the only other area is from the Wessman Shopping Center, and that site-line will be gone within another, month because of the development in the shopping center. In answer to question by Council , City Attorney stated that a condition , could be imposed that the use of the RV park would expire when the mobilehome park is removed; as well as any other reasonable conditions. George Marantz, applicant #6 Palomino, stated that the project came about 16 months ago and City staff has said that the use is not a proper one for the property; that he questioned what other use there would be for the site; that 80Y to 90% of the grading is complete and that site lines can be mitigated at the staff level ; that he has a 30-acre lease and the Indian landowner has indicated to him either to develop or return it to the landowner; that it was his understanding that the code did not effect him; that he would be willing to widen Mesquite; that he anticipates users of the park would be RV tenants who would be staying 1 to 3 months, and he did not anticipate more than 1-2 new arrivals per day; that the park would be closed during the summer; that the site was graded 12 years ago; that there is no access between the two parks, and that one cannot get into the property from the canyon; that some of the existing spaces in the Parkview Park have encroached into the westerly acreage and will not effect the wandering barriers, but a solid wall would necessitate disrup- tion of those existing spaces and that he tried an experiment using a red painted board placed at particular elevation, and found that it could not be seen from Palm Canyon Drive. Attorney for 112 Via Lido Norte, Newport Beach, submitted a petition, signed by residents within the Parkview Mobilehome Estates, protesting the construction and installation of the RV park on the grounds that it was undesirable and incompatible with the mobilehome park and adversely affected the peace, quiet and security of tenants. He questioned if the applicant intended Council Minutes 8-15-84 Page 4 2. C.U.P. 5.0285 (Continued) that the users of the RV park would also use the amenities of the Parkview Mobilehome Estates, such as pools and recreation areas; that his client is under the impression that Mr. Marantz desires to use some type of easement to permit use of the recreational amenities; and that existing RV's can be seen moving around, and the proposed site would not be any dif- ferent. He supported the Planning Commission's decision. Truman Ziegenfuss, 1713 Scenic View, stated that he lives on the upper portion of the park area and expressed concern that the RVs will be virtually in his patio and supported the Planning Commission's recommendation for denial . Doris Zieqenfuss, 1713 Scenic View, stated that she agreed with the Planning Commission's denial , stating that she did not believe that the site was zoned for this use and noted that 90% of the residents in the Parkview Mobilehome Estates are senior citizens. She stated that the Happy Traveler, also owned by Mr. Marantz, is in a commercial area with a wide street separating it from the Parkview Mobilehome Park, but that the proposed park would butt up against the existing park (78) causing Parkview to be sandwiched between it and the Happy Traveler, she stated that increased density in this upper area could result in problems during emergencies, e.g. fire and flood. There being no further appearance, Mayor declared the hearing closed. In answer to questions by Council , Planning Director stated that I'he requirement for an equestrian trail cowcs from the Community Services Department; that there is a north/south trail in this area, and requests would be made that easements follow the side of the mountain. He stated that he did not believe it was the intent to have the trail come through the property toward Palm Canyon Drive. Councilman Birer recommended this matter be returned to the Planning Commission for consideration of the total 30 acre site, noting the possibility that a portion of it would need to be preserved for open space. In answer to questions by Council , Planning Director stated that an EIR was requested by the Planning Commission in 1971- 72 for the earlier application, however, nothing came through and the project was not resubmitted; that attention was given in the proposed project to the issue of flooding, although it was not an outreach from the major Tahquitz Wash. He esti- mated that the R-3 and 0-20 Zoning are about half and half. Motion by Birer to return this matter to the Planning Commis- sion for consideration of the project based on a 30 acre site, possible dedication of open space, and time limit on the project, failed for lack of a second. Councilman Smith stated that one reason to approve the appli- cation is that the use is an extension of the existing park, and that when the existing park is removed, this use would go simultaneously; that he did not have a problem with the exten- sion of Mesquite because access was internal and not external ; and that it would not be fair to return all of these issues for reconsideration by the Planning Commission, e.g. eleva- tions, extension of Mesquite, block walls, expiration date; and that, if the developer can submit revised plaits meeting all requirements, he could go back to the Planning Commission with a new application. Council Minutes 8_15-84 Page 5 2„ C.U.P. 5.0285 (Continued) it was moved by Smith, seconded by Foster, and carried by the following vote, that the Planning Commission denial be upheld and the appeal be denied: (78) AYES: Foster, Smith and Bogert NOES: Birer ABSENT: None ABSTAINED: Maryanov 3. P.D. 151 - BROXMEYER Consideration of appeal from Planning Commission denial of planned development district to allow a 280-unit affordable apartment complex and an 780-space RV park on 80-acres at Gateway Drive and Highway 111. Planning Director noted that this matter was studied in detail at the last study session. He stated that the project could meet the criteria of the RV ordinance, however, the Planning Commission thought that this was not an appropriate use for the entrance to the City regardless of aesthetics or design qualities; that an additional concern was the amount of traffic which would be generated; that appropriate mitigations could be developed, however, that was not the significant concern to the Planning Commission and the vote was a 4-0-2 for denial . Mayor declared the hearing opened. (716) Chris Mills, 278-C North Palm Canyon, Architect for the appli- cant, requested that the Council review the project as two separate elements, i .e. apartments and the RV park. He stated that the RV park was designed for the entrance to the City and it was felt to be a high quality deveiopmerut; that the site line, with proper terming and landscaping would result in one not seeing the rear of the park from the highest point of the highway crossing; that a similar treatment was used in the J.F. Temple Project to the south, noting that Mr. Temple is a party to this project; and that he would like to submit the apartment project on a separate basis involving approximately 20-acres. Clarence Dauphine, 879 Gateway Drive, requested that the Council consider the housing portion of the project, stating that the City is service-oriented and needs to provide housing for those who provide the services; and requested that the matter be returned to the Planning Commission to find a way to retain the affordable housing portion. Katrina Heinrich stated that she agreed with the need for low income housing, but believed the RV park is an ill-conceived idea in this location, and that she felt the rendering of the project was misleading in that the density of landscaping would suggest precluding the parking of the RV units; that there are two very nice RV parks under construction within the Valley at this time, and are not at entrances to the com- munity, nor do they have high visibility; that she owns prop- erty on the west side of Palm Canyon and proposes to construct a world class hotel and does not believe anyone would be willing to pay world class hotel rates and look upon an RV park ; that the hotel must be considered as an legitimate opponent to the park ; and that the City would receive con- siderable taxes generated by the hotel . She urged the denial of the project. Council Minutes 8-15-84 Page 6 3 . P.D. 151 (Continued) City Attorney stated that the conditions of the planned devel- opment district are interrelated as to the apartment and RV uses and would require revision and could not be separated from each other at this point. There being no further appearance, the hearing was closed. Councilman Smith stated that he would like to see a density transfer, permitting open space on the Highway 111. frontage, with more density on the apartment portion. (116) Councilman Foster stated that the design, height avid impact on existing dwellings should be further studied in terms of the apartments. In answer to question by Council , City Attorney stated that denial of the planned development district would preclude the applicant from bringing back the same project in less than one year. It was moved by Smith, seconded by Foster, and unanimously carried, that the RV portion of the planned development district be denied, and that recommendation regarding the apartment with density trade-off consideration be referred to the Planning Commission for recommendation. 4. P.D. 146 - KATRINA HEINRICH Recommendation: That the Council grant concept approval of a planned development district for a 500-room, six-story hotel , 300-unit cluster condominium project, with 18-hole golf course, and other amenities on 342 acres adjacent to the west side of Highway 111, in the vicinity of Gateway Drive, Sections 4 and 33; and require preparation of an Environmental Impact Report. Councilman Smith indicated that he would abstain from discus- sion and voting. Planning Director noted that this matter had been reviewed in detail at the last study session and that this project has (116) been ongoing in some respects for about three years. He stated that a Pull Environmental Impact Report would be devel- oped and that a baseline environmental review is one that identifies problems before hardline site plans can be devel- oped; that the Planning Commission has indicated that it likes the concept and desires the Council to concur, knowing that there will be a full Environmental Impact Report Mayor declared the hearing open. Katrina Heinrich, applicant, stated that the hotel is needed in Palm Springs and will make Palm Springs competitive with down-valley cities; that concept approval is sought and she is working to pull together opera- tor needs; that the project will take 212 years to build from the time grading commences; and that this is a premiere site, and that the hotel would be a world-class designation with 800 full-time employees. Culver Nichols, 899 N. Palm Canyon Drive, supported approval of the project. David Green, 2750 N. Palm Canyon Drive, also spoke in favor of the project. There were no further appearances, and the Mayor declared the hearing closed. Council Minutes 8-15-84 Page 7 4 . P.D. 146 (Continued) Councilman Foster stated that he agrees with the necessity for the full Environmental Impact Report. Councilman Maryanov stated that he is reluctant about the highrise portion of the project; that preliminary concept approval is an indication that this would be the best use of the property and would blend in better; and that he recognizes 116) this as a part of this concept, but will be considering it when the final approval is required for the highrise hotel . Resolution 15185, approving concept and requiring Environ- mental Impact Report, as recommended, was presented; after which, it was moved by Foster, seconded by hirer, and unani- mously carried, Smith abstaining, that Resolution 15185 be adopted. 5. GPSPA 5.0324A AND 5.0324E Recommendation. That the Council approve General Plan Street Plan amendments to reclassify Alejo Road, between Belardo and Via Monte Vista, and Mesquite Avenue, between Sunrise and Calle Palo Fierro from secondary thoroughfares to collector streets. Director of Community Development noted that, this matter had been discussed at the last study session, and indicated that the recommendation is a result of the JFK study, noting that in both instances implementation of the existing General Plan Street Plan requirement would result in considerable disrup- tion of existing development; and that the practicality of a 4-lane street in the relatively immediate future is remote. In response of question by Council , Director of Community (101) Development stated that lack of action would result in requirement for dedication of land which could not be used because of existing development on it. Councilman Foster suggested that relative to Alejo Road since it would become an access route to the Desert Fashion Plaza, that the portion West to Belardo Road be retained as a second- ary thoroughfare, since widening of the north half could occur when that property is redeveloped; and for the portion east of Belardo, the additional width might be possible since the City owns the O'Donnell Golf Course. Director of Community Development stated that a General Plan precise alignment could result in a jog in the street to take the additional width off of the one side. Councilman Foster recommended that Mesquite be retained from the east end of Cahuilla School to Belardo Road as a secondary thoroughfare, and recognized that the portion east of the school probably could not be widened. Mayor declared the hearing opened, there being no appearances the hearing was closed. Resolution 15186 was presented; after which, it was moved by Foster, seconded by Birer, and unanimously carried that Reso- lution 15186 amending the General Plan Street Plan be adopted to provide a reclassification of Alejo Road between Belardo Road and Via Monte Vista, and Mesquite Avenue, between Sunrise Way and Calle Palo Fierro from secondary thoroughfares to collector streets. Council Minutes 8-15-84 Page 8 6. PA1B4-6 - PARKING FACILITIES FINANCING Recommendation: That the Council hold public hearing required by the Tax Equity and Fiscal Responsibility Act (TEF RA) rela- tive to the CRA involvement in the provision of parking facil- ities as part of the Desert Fashion Plaza expansion, and approve said involvement. Redevelopment Director highlighted his report dated August 15, (124) 1984. Mayor inquired if anyone wished to be heard. There were no public comments. Resolution 15187 approving the action as recommended was presented; after which, it was moved by Maryanov, seconded by Smith, and unanimously carried that Resolution 15187 be adopted. 7. HISTORIC SITE #2 - WELWOOD MURRAY CEMETERY Recommendation: That the Council designate the Welwood Murray Cemetery as a Class 7 historic site. Councilman Smith was excused during this item and for the remainder of the meeting. Director of Community Development reviewed his report dated August 15, 1984. Mayor declared the hearing opened. (76) Donald Binkerd, 69-920 Ramon Road, stated that the Historic Site Preservation Board may have overlooked a number of issues; that the Cliff Frazer marker cost the Palm Spring Cemetery District an estimated $500 per year to maintain around it; that perhaps the cemetery should be designated as a Class 6, with provision that the boulder would not be laid flat or removed nor would any existing markers be removed without approval ; that the Health and Safety Code provides that the cemetery district trustees have the ability to restrict use of cemetery property, remove markers, and other matters which a Class 7 designation would infringe upon. There being no further appearance, the Mayor declared the hearing closed. In answer to question by Council, City Attorney stated that the Historic Site Preservation Board may have addressed those issues and that there is an entire body of law relative to maintenance of cemeteries, and there may be a question of ,jurisdiction. In answer to question by Council, Planning Director stated that the Board's main concern was the further removal of upright gravestones, and giving the Council the most authority to preserve that. He stated that he believed there were only four stones remaining. Councilman Maryanov stated that the representation has been made that a Class 6 designation with special covenant would be agreeable. Councilman Birer stated that if the City and the District are at odds as to laws which govern the district, and the District has agreed to provide a covenant to assure that which the Historic Site Board desires to preserve, than a Class 6 with that covenant would be sufficient. 16- ci Council Minutes 8--15-84 Page 9 7. HISTORIC SITE #2 (Continued) Motion by Foster, seconded by Bogert, to provide a Class 7 (76) designation was superseded by motion by Maryanov, seconded by Birer, and unanimously carried, Smith absent, that this matter be tabled. PUBLIC COMMENTS: a) WATER THEME PARK John Barker, 1641 Frazer Trail , Cathedral City, stated that he owns 500 acres on Edom Hill , and spoke in favor of a water park, indicating that he will have approximately 250 acres of his site designated for desert "State;" and that he is now going through the Environmental Impact Report process for the County. Dr. Ginube, 472 Burton Way, stated that he favors waterslide parks, but that design consideration must be given to minimize potential injuries, and he sub- mitted an article from a medical publlication relative to injuries at a waterslide in Washington. City Manager stated that if the water theme park lease (109) was approved, it would not affect the planned develop- ment district decision, whether the plan is appro- priate for the park; that the land in question is City-owned property and a decision is being entered into earlier because of the landlord-tenant relation- ship, (one that would occur in a private setting prior to the application for a planned development district) ; and that the later decision by the Planning Commission and City Council will be from the view that of planner and the desirability of the project, and meeting codes. Travis Summer, 1223 San Lorenzo, spoke in favor of the project, noting that many of the children at the Boy' s Club also support it. Jon Shoenberger, Sierra Way, member of the Community Services Commission, stated that it was a unanimous recommendation on the part of one of the Commission's subcommittees, as well as the full Commission to support the concept of the water theme park, and that the Commission also considered the impact of the park on the neighborhood and believes that: it will be com- patible with the neighborhood, and will not have a dramatic effect on it. He stated that the park will not be the kind of park one sees along freeways, but will be landscaped and walled, and the slides will not be visible from the street; and that the traffic will be ameliorated, and it is hoped that access can be obtained from Gene Autry Trail , which will reduce some of the traffic from the Golf Club Drive side of the site. He stated that he believed that the site was centrally located. Alice Ware, Attorney representing Fairway Homeowners, stated that they are adamantly opposed to the location and requested that alternate sites closer to the DeMuth Park be found; and if this is the only site to be considered, then access from Gene Autry Trail is acceptable; that other issues relate to noise and vistas and they have been meeting with the developer and she believes those can be mitigated. Council Minutes 8-15-84 Page 10 a) Water Theme Park (Continued) Sara Robbins, owner of a condominium in the fairway development spoke in opposition to the location because of substantial noise, stating that this is not a use that is conducive to surrounding residences, and that she favored an extension of Golf Club development on this site. Sippy Nazarian, 894 Topaz, member of the Community Services Commission, stated that he did not believe the noise would be a problem and he favored the project. (109) Mayor read letter from Scot Whitney, age 1.3, in favor of the project. Claude Rodgers, 68413 Cathedral Canyon, stated that he agreed, recreation is needed for youth in the com- munity but questioned how much the charges would be at such a facility. Culver Nichols, 899 North Palm Canyon Drive, spoke in favor of private enterprise, in particular the WATER THEME PARK. City Manager stated that the land was purchased for potential expansion of the wastewater treatment plant and that maximizing interest of the property is possi- ble without negating the ability for its future use for wastewater treatment plant purposes; that possessory interest tax will be paid; and that requests for proposal process was used to select potential lessee. Christine Sonafield, 2496 Hildy Lane, spoke in favor of the park. Tim Nugent, Palm Springs Youth Center representative, spoke in favor of the Water Theme Park idea. b) Paul Selzer, Attorney, spoke in support of staff (123) report regarding Item 15, and regarding Item 18, supported no turbines being allowed in the flood plain. c) Joe Alcluffie, 3737 Main Street, regarding Item 18, Case 5.0312-H, stated that he agreed with portion of (123) the staff recommendation; that the north half of the plateau declines and cannot be seen from f-10, unless one is at Indian Avenue or in the pass area beyond Highway 62 and is at least 1z miles away. d) Ralph Hitchcock, Southern California Edison Company, stated that regarding Item 17, he would support the Wind Energy Ordinance if its purpose was to develop wind energy, which would be prudent for the City; (103) however, if its intent is to ultimately affect the long-term development or delay of wind energy generation which would affect electrical rates, then he would be in opposition to the ordinance, e) Steve 8enavidas, owner of property within the City limits for WECS permit, stated that the property in which he has an interest is not generally considered (123) as being within the City limits, is located south of Highway 11l and I-10, and is one mile from the nearest building; and that the property cannot be seen by any development within the City. He stated that the issue is 100-foot towers versus a 5,000-foot vertical rise. Council Minutes 8_15-84 Page 11 LEGISLATIVE ACTION: 8„ CATV LOCAL ORIGINATION PROGRAMS Recommendation: That the Council approve seven local origina- tion programs over cable Channel 10 from October, 1984 through April , 1985. (89) It was the consensus of the Council at its last study session not to proceed with these programs and a motion was adopted to take no action on the recommendation.. 9. WATER THEME PARK - LEASE AGREEMENT Recommendation: That the Council authorize execution of agreement with Thomas Hazelrigg and Michael Mastro for lease of 13.5 acres at the north edge of the Municipal Golf Course, with exclusive right to design, construct , maintain and operate a water theme park, subject to an approved planned development district. City Manager stated that the comments presented relative to 109) this matter deserve continued attention on the part of City Staff, and requested that this matter be delayed for an addi- tional time to address the issues of those who feel it neces- sary to oppose the project; noting that he believed those issues could be minimized. It was moved by Maryanov, seconded by Foster„ and unanimously carried, Smith absent and Birer abstaining, that this matter be continued to September 5, 1984. 10. BRAILLE INSTITUTE LEASE AGREEMENT Recommendation: That the Council approve a 3-year 'lease of existing leasehold site at Sunrise and Ramon, on a year-to- year basis, beginning September 1, 1984. (117) Assistant to the Director of Community Services reviewed report dated August 15, 1984, noting that the Braille Insti- tute had originally requested a 99-year lease which was not acceptable to the City Council and that an appraisal was made indicating a fair market value of $1,900. She stated that the Braille Institute has agreed to the monthly rate and has not expressed concern to renegotiate the limited term. City Attorney stated that a minor addition would be made to the agreement adding the word "defend" in the Hold Harmless clause of the agreement. Minute Order 3433 approving the agreement as recommended was presented; after which, it was moved by Foster, seconded by Birer, and unanimously carried, Smith absent, that Minute Order 3433 be adopted. 11. MANDATORY SEWER CONNECTION - HARDSHIP CRITERIA Recommendation: That the Council establish guidelines for the exemption (or deferral ) of connection to the public sewer for residential properties. Director of Community Development reviewed his report, dated (128) August 15, 1984, noting that the proposer.) criteria would establish a $3,000 on-site sewer wort; and $5,000 off-site sewer work cost as maximum exposure levels per dwelling unit and defines costs in excess of those maximums as "hardship". He stated that the units required to connect would be granted a five-,year period to make the connection in order to realize existing systems; and that the City would guarantee to the State that capacity at the plant would be given for all units that would be ciiven an exemption or deferral . Council Minutes 8-15-84 Page 12 11. MANDATORY SEWER CONNECTION (Continued) In answer to question by Council , City Attorney seated that approval of the guidelines is within the Council 's discretion, and that the State would be asked to accept those as well ; and (128) should the State decide not to accept those guidelines, the Council may wish to modify those guidelines. Resolution 15188 establishing the guidelines, as recommended, was presented; after which, it was moved by Birer, seconded by Maryanov, and unanimously carried, Smith abs2riit, that Resolution 15188 be adopted. 12. COMPREHENSIVE FEE SCHEDULE - DRAINAGE FEES Recommendation: On July 10, 1984, Council continued consider- ation of recommendation to amend existing drainage fees and establish fees for two new sub-drainage areas., based on (114) revised Master Plan of Drainage. Director of Community Development reviewed his report of July 10, 1984, noting that the Tribal Council had urged that the fees not be adopted, but that payment be allowed through the flood benefit assessment, approved by the voters as Proposi- tion F in 1982. He stated that without the drainage fees the short fall would not allow dealing with the problems of pro- viding adequate drainage facilities. Resolution 15189 amending the comprehensive fee schedule to establish and revise drainage fees, as recommended, was pre- sented; after which, it was moved by Birer, seconded by Maryanov, and unanimously carried, Smith absent, that Resolution 15189 be adopted. 13. CONVENTION CENTER - DEAL POINTS Recommendation: That the Council outline major deal points for the convention center/headquarters hotel project. City Manager stated that this item is not ready for the (139) Council , however action must be taken immediately, and recom- mended that the Council adjourn to Tuesday, August 21 at 2:00 p.m, in order to act on this item. It was moved by Foster, seconded by Birer, and unanimously carried, Maryanov abstaining and Smith absent, that this matter be continued to August 21, 1984. 14. CONVENTION CENTER - PRE-DEVELOPMENT EXPENSE Recommendation: That the Council authorize payment of remain- ing pre-development expenses in advance of project financing relative to the convention center; and amend the budget to appropriate necessary funds in amount of $70,000. Economic Development and Housing Director reviewed his report, (139) dated August 15, 1984, noting the specifics of the recommenda- tion. Resolution 15190, amending the budget to appropriate $70,000, as recommended, and Minute Order 3434 authorizing payment were presented; after which, it was moved by Foster, seconded by Birer, and unanimously carried, Maryanov abstaining and Smith absent, that Resolution 15190 and Minute Order 3434 be adopted. Council Minutes 8-15-84 Page 13 15, AIRPORT HOTEL SITE Recommendation: That the Council approve 3-month extension of exclusive riqht to negotiate with Project Group, Inc. ., for 5.78 acre parcel bordering the south ramp, airport parking (51 ) area, and E1 Cielo Road for hotel development. Economic Development and Housing Coordinator reviewed his report, dated August 15, 1984, noting that this itern had been reviewed in detail at the last study session. Minute Order 3435 granting the additional time, was presented, as recommended; after which, it was moved by Foster, seconded by Birer, and unanimously carried, Smith absent, that Minute Order 3435 be adopted. 16. PUBLIC RELATIONS PROGRAMS Recommendation: That the Council approve several new public relations programs and appropriate funds therefore. Public Relations Officer stated that in line with discussions at the Council study session of August 14, 1984, the budget amendment has been revised to reflect $6,350 in order to cover (510) the variance in cost from the legal ad to the display ad for the agenda highlights. It was the suggested by the Council that the length of display ads be reduced somewhat and hiqhlights shortened. Resolution 15191 amending the budget as recommended, was pre- sented; after which, it was moved by Maryanov, seconded by Birer, and unanimously carried, Smith absent, that Resolution 15191 be adopted. 17. WIND ENERGY URGENCY ORDINANCE Recommendation: That the Council adopt urgency ordinance to prohibit installation of Wind Enerqy Conversion Systems (WECS) within the City. Director of Community Development stated that: the Council has been concerned about on-going visual impacts of the WECS, and, (103) in June, sent to the Board of Supervisors a request to pro- hibit further WECS as of June 30, 1984, pending completion of the Sphere of Influence Plan; and recommended that the City follow suit, i .e. , a moratorium, pending completion of that plan. He stated that the affect would be to table any projects for 45 days, and which is not a prohibition or denial of projects submitted, but only a delay to protect all interests until the County can be dealt with. He noted that there may be a need for an extension of the 45-day time frame in order to complete the total process. Councilman Birer and Maryanov concurred that the issue should be addressed in as short a time as possible. Mayor stated that he was not in favor of the ordinance and considered it only as a means of establishing relationship with the County, since the Council has the right to deny any application. Councilman Foster stated that the absence of an ordinance would mean having people go to the trouble and expense of proceeding with an application, which would be turned down; and that it should be known up front that the issue is being restudied, and the ordinance is being drafted., Council Minutes 8-15-84 Page 14 17. WIND ENERGY URGENCY ORDINANCE (Continued) Councilman Maryanov stated that it was his perception that (103) people would prefer to go through the expense and process and take the risk of a ultimate denial by the Council . In answer to question by Council , Planning Director stated that this provision is often used when there are no regula- tions applicable to certain types of planning issues, and is a method to get a handle on the matter before items come down the pike. He stated that the City does not have WECS in it now, and such could be considered under a Conditional Use Permit under very tentative basis. He noted that the ordi- nance keeps the "planning clock" from running. Councilman Maryanov stated that applicants appear swilling to live with the confusion, and if there was a flood of appli- cants, an urgency ordinance could be adopted and those appli- cations placed on hold. Councilman Birer stated that he would like to know what are the standards and what will be acceptable. Councilman Foster stated that applications should not be allowed to be filed when the City is not prepared for them, and the clock should be stopped in order to get organized. Councilman Maryanov noted that this situation is unique in that only one application has been submitted, and urged that staff proceed with establishing standards. WECS representative stated that at the most there are 10 areas that are suitable for additional systems and the proposed application is the only one he could see as being realis- tically developed, and that he did not anticipate a flood of applications. Councilman Birer stated that he did not see a need for the Urgency Ordinance and would recommend instructing the Planning Staff and Commission to establish the standards. City Manager stated that County should be assured that the City is developing its standards. Councilman Foster stated that under the assumption that any application can be handled by the City Council to short-stop them, he would favor not proceeding with the ordinance at this time. No action was taken to adopt the ordinance as recommended. 18. COUNTY WECS PERMITS & ZONE CHANGES - CASES 5.0312 (G, FI & I) Recommendation: That the Council recommend the denial of WECS Permit #29 and related zone change (Vawt Management) ; the approval of portion of WECS Permit #32 (Arbutus Corporation) ; and WECS 24 zone change (Renewable Energy Ventures) „ (123) Planning Director reviewed the three proposals deiailed in his report of August 15, 1984, noting that the Planning Commission was extremely concerned about the visual sensitivity of wind project areas, and concerned about any turbines in the area where vistas open up. He stated that the Board of Supervisors has not made any major changes to those permits on which the Council had previously submitted recommendations, and of those recommended for denial , two were conditioned. He stated he did not believe that the Board had reacted to the CounclI 's request for a moratorium. Council Minutes 8-15-84 Page 15 18. COUNTY WECS PERMITS & ZONE CHANGES (Continued) Joseph Alcuffie stated that the only thing that developers can do is to follow the County standards, and one standard relates to setbacks and the another to noise requirements; that many of these parcels cannot avoid being adjacent to or near resi- dential properties, and that there will not be a blanket of WECS, but will , in fact be scattered over a given area. He stated that none of the residents have filed protests and (123) freeway noise is at a 100 dB level ., while WECS are limited to a 60 dB. Councilman Foster stated that residents take precedence to the WECS; and that wind and blowsand and visual disturbance is not compatible to the residential area. Resolutions 15192, 15193, and 15194 approving actions as recommended in the instance of WECS Permit 29 and 24, and approving a portion of WECS Permit 32, recommending denial of the portion south of the freeway near the residential areas were presented; after which, it was moved by Foster, seconded by Birer, and unanimously carried, Smith absent, that Resolu- tions 15192 through 15194 be adopted. CONSENT AGENDA 19. Resolution 15195 adopting Proposed Boundary map for Assessment District 146 (Mesquite Country Club public street improve- (56) ments) . 20. Resolution 15196 authorizing purchase of 6 lots on east side (136) of El Cielo Road, in amount of $4,800, for ultimate street width, from Ram Properties. 21. Minute Order 3436 approving Change Order A ($9,517.84) and Change Order #2 ($13,008.21) to Waggonner (Building Company, (117) Inc. contract for City Hall expansion, for a combined increase of $22,526.05 - CP 81-28, Agreement #2041, no change in time. 22. Resolution ------ approving agreement for lease of 36 spaces in Municipal Parking Lot #2 from 7 p.m. to 2 a.m. for valet (108) parking by Sandstone Development dba Brandy' s. 23. Resolution 15197 revising rental rate from $100 to $300 per (106) year per space for Vehicle Parking District No. 1. 24 . Resolution 15198 appointing Blake Goetz and David ForCUCCi to fill current vacancies on the City's Deferred Compensation (110) Advisory Committee (former members Byron Norris and Fran McBride) . 25. Minute Order 3437 approving letter agreement with Sentient (110) Systems, Inc. , for 1984-85 Police Department in-service train- ing program. 26. Minute Order 3438 authorizing purchase of 10 New Age Thinking video training tapes and related materials, in amount of (110) $6,210.54. 27. Minute Order 3439 awarding purchase of asphalt rubber crack- sealing material to Crafco, Inc. , in amount of $.194 per (136) pound. 28. Resolution 15199 approving TTM 20168 for property on Barona Road at Highway 111, for Desert Isle Associates time share (137) phasing and financing (see P.D. 107) . 29. Resolution 15200 approving FTM 17260 for property at Golf Club Drive and Cree Road., Section 29 - Heltzer Enterprises, Inc. (137) Council Minutes 8-15-84 Page 16 CONSENT AGENDA (Continued) 30. Minute Order 3440 approving Children' s Home Society (P.S. Youth Counseling Service) agreement for 1984-85, in amount of ( 73) $10,381. 31. Minute Order ------ authorizing City Manager to execute agree- ment with California Department of Housing and Community Development under the Rental Housing Construction Program for (85) construction of group home in the Highland-Gateway area (being constructed by Doswell, Inc. a minority contractor who will pay the non-State funded portion of the project. ) 32. Minute Order 3441 approving Supplemental Cooperation Agree- (85) ments with the County for administration of loth year (1984-85) CDBG funds. 33. Minute Order 3442 declaring intent to discontinue partici- pating with the Urban County in the administration of Com- munity Development Block Grant funds (effect: program will be (85) administered under City policy rather than County policy. 34. Resolution 15201 through 15207 approving Payroll Warrants (3) (86) and Claims and Demands (4) . 35. Minute Order 3443 approving agreement for repayment of CDBG funds by Willard Ellison for improvement of the Regent Hotel . (85) 36. Resolution 15208 determining sufficiency of Petition and Reso- lution 1.5209 setting time and place for hearing on adoption of Resolution of Necessity to acquire needed rights oi'-way, For September 19, 1984, relative to improvement of a. portion of South Palm Canyon Drive, from Camino Way to a point south of Cahuilla Hills Road - Assessment District 147. It was moved by Maryanov, seconded by Birer, and unanimously carried, Smith absent, that Resolutions 15195 through 15209 and Minute Orders 3436 through 3443, be adopted; and It was moved by Birer, seconded by Foster, and unanimously carried, Smith absent, that the proposed agreement: enumerated in Item 22, be rejected; and It was moved by Maryanov, seconded Birer, and unanimously carried, Smith absent, that item 31 be tabled. TENTATIVE TRACT MAPS 37. TENTATIVE TRACT MAPS 14899 & 17151 Resolution 15210 approving Tentative Tract Map 14899 for prop- erty located on Gene Autry Trail between Sunny Dunes Road and Mesquite Avenue, M-1 Zone, Section 20 - Friedman Ventures, and Resolution 15211 approving Tentative Tract Map 17151 for prop- erty located on the westerly terminus of Tahquitz-McCallum Way, R-2 and R-3 Zones, Section 15 - M.H. Enterprises/Mel (116 & Haber, (approved 24 month extension for TTM 17151 & P.D. 129) 137) were presented; after which, it was moved by Birer, seconded by Maryanov, and unanimously carried, Smith absent, that Reso- lution 15210 and 15211 be adopted. Council Minutes 8_15-84 Page 17 38, EQUESTRIAN CENTER LEASE Recommendation that the Council approve revised agreement with Equestrian V for the Equestrian Center based on previous_, con- cerns expressed in study sessions relative to the base rent, which shall include an additional percentage in the gross over $500,000 rather that an either/or situation as previously approved, beginning on the llth year. Assistant to the Director of Community Services stated that the agreement retains a 5-acre parcel at the confluence of the Tahquitz and Palm Canyon Washes and an access easement across (109) the land to the confluence area for street sweeper dumpings. She stated that an additional amendment has been requested by the Mounted Police, as follows: in that, Section 6 "USE OF PREMISES", 4th paragraph, second sentence, to read: "Leasee. . . Mounted Police Rodeo, except that the Mounted Police shall have exclusive concession rights with the exist- ing fences, arena and seating area only during the Mounted Police Rodeo. " Minute Order 3444 approving the agreement in form as modified including additional insert as recommended by Assistant to Director of Community Development, submitted July 10, 1984 was presented; after which, it was moved by Birer, seconded by Foster, and unanimously carried, Maryanov abstaining and Smith absent, that Minute Order 3444 be adopted. REPORTS & REQUESTS. 39. DEPARTMENTAL REPORTS - Received & Ordered Filed a) Treasurer's Monthly - May, 1984 b) Warner Amex - Franchise Payment, $24,290.06 c) CVB - Revised page 16 of third quarterly report. 40. CITY COUNCIL reports or requests a) Council and Mlaryanov requested that staff brief the Council regarding downtown parking plans for the next season, stating that it was important that the public and the developer be aware of plans in that regard. 41. PUBLIC reports or request - None -12. STAFF reports or request - None ADJOURNMENT There being no further business at 11:30 p.m. , Mayor declared the meeting adjourned to Tuesday, August 21, 1984, at 2:00 p.m. in the Large Conference Room, City Hall . �,p (L! JUDITH*S� U CH City Clerk WP/CC MIN