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HomeMy WebLinkAbout5/1/1985 - MINUTES CITY OF PALM SPRINGS CITY COUNCIL MINUTES MAY 1 , 1985 A Regular Meeting of the City Council of the City of Palm Springs, was called to order by Mayor Bogert, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, May 1 , 1985, at 7 :30 p.m. ROLL CALL: Present: Councilmembers Birer, Foster, Maryanov, Smith & Mayor Bogert Absent: None 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 . APPROVAL. OF MINUTES: It was moved by Foster, seconded by Maryanov, and unanimously carried, that the minutes of April 3, 1985 be approved. CLOSED SESSION: Mayor reported that on Tuesday, April 23. 1985, the City Council met in Closed Session to consider a settlement agree- ment in the City of Palm.Springs et al v. Hodel et al lawsuit. The Settlement agreement is between the City and Mesa Wind Developers, one of several wind energy companies named by (123) the City in this action. The members of the City Council agreed to the terms of the settlement agreement, and individ- ually signed it on the Wednesday and Thursday following said Closed Session. COUNCIL COMMENTS: a) Councilman Birer requested that the request of Seven Lakes & DPU to rename the Gene Autry Trail Bridge to (136) Col . Jackson Graham Bridge be considered. PUBLIC HEARINGS: 1 . P.D. 168 - OASIS WATER PARK Recommendation: That the Council approve Planned Development District to construct a water recreation theme park on Gene Autry Trail , between Mesquite and Palm Canyon Wash. Councilman Birer stated that he would abstain because one of the principals is a client of his office. (116) Director of Community Development reviewed his report, and stated that the area from the sewer plant percolation ponds north to Ramon Road is shown on the General Plan as industrial , and the zoning is M-1 with an 0-zone buffer along a portion of the west side of Crossley Road; that the proposed use is shown on the Tahquitz Creek Scenic Plan, adopted as a guideline for development of the area; -that the project surfaced last year in the form of a lease of 12 acres of city--owned property across from the Fairway Condominiums; that objections were raised by the homeowners, as well as owners of other condominiums in the area with a major concern related to traffic on Golf Club Drive; that alternative sites were reviewed, and the project site moved 2000 feet to the west, with access from Gene Autry Trail only; that the narrow rectangle of the property is equally divided into parking, overflow parking, and future expansion; that the future expan- sion would be subject to public hearings by the Planning Commission and City Council ; that the developer mailed notices to the homeowners within 400 feet, inviting Them to a meeting to review the project, at which only a few ascended. Council Minutes 5-1-85 Page 2 to P.D. 168 (Continued) Planning Director displayed various exhibits, including the preliminary plan, and stated that the noisiest use will be on the northwest corner, which is about 1/2 mile away from the Fairway Condominiums, and about 1/3 of a mile away From nearest homes to the south; that the only drivc1,aa.y will be from Gene Autry Trail , and probable capacity in the park at one time would be 1500 people; that the clubhouse is partially a private facility, and not open to the general public; that the distance to residential developiients should dissipate the noise, which he likened to that generated at DeMuth Park by Little League and Soccer programs ; that on-site audio equipment is to be low-level amplification; that lighting will be ballard lighting, with standard parking lot lighting; that there will be no access to Crossley Road and the property will be fenced, details of which will be addressed in the final development plans ; and that the site will be buffered by a 44-foot landscaped buffer to Golf Club Drive and a 75-foot 0-zone. Mayor declared the hearing open. John Kasoric, representing the developer, recapped the history of the project, and stated that a Community Services Commission survey showed a high need for commercial recreation, i .e. , a water theme park; that the developer met with the homeowners association and its attorneys and moved the site to Gene Autry Trail ; that the developer respected the concerns of the homeowners and understood that those concerns were satis- fied at that point and the lease was entered into; that the project proceeded with design and plan process, and he explained some of the features, e.g. , wave machine, slides which consider the age of the person, hot spas, a 6000 square foot pavilion, shade structure, indoor and outdoor pools, saunas and lounge; that there will be a 6 foot wall and birm landscaping; that the "hill " will be desert landscaped and an oasis type landscaping provided around the entry and other areas of the park; that lighting is for aesthetics and not typical ballpark lighting; that the sound system will be designed into the parking, along walkways, near pools, etc, and will be localized to only displace sound in that localized area - a paging system is not expected, nor typical in parks of this type - but rather type used in major theme parks in the country; that people noise will be around the pool areas, which will be depressed, surrounded by birming and planting, which should contain people noise; that the airport related noise is considerable greater; that park hours will generally be 10 a.m. to 5 p.m. during the winter, and 10 a.m. to 10 p.m. , during the warmer months; that an open meeting was held at the Gene Autry Hotel and people from the condominiums were invited, to hear about the project and raise questions ; however, only two people frond the Fairway Condominiums were present, and neither expressed any opposition; that the developer takes exception to the condition regarding fencing, in that there are better ways to contain people on the site, and requested that the Council reconsider that condition; and that the project will provide about 150 jobs, purchase local goods, and increase visitor attractions. He stated that the Chamber of Commerce supported the project at the Planning Commission meeting. Council Minutes 5-1-85 Page 3 1 . P.D. 168 (Continued) John Shoenberger, Community Services Commissioner, urged approval of the project. Tiffany Raymond, Kalie Christenson, and Margaret Mishia, students and members of Piranha, spoke in support of the project. Karen Snider, President of PSHS Student Body, stated that the community youth are 100% in favor of the project, in that it will provide needed youth activity in the city. The following persons spoke in opposition: Joe Higara, Fairway Condominium homeowner, on the basis of disturbance to peace and quiet. He questioned why an EIR was not done, and a negative declaration approved; that he believed the park would generate noise for 10-12 hours; that it will not enhance retirement life; and questioned what the recourse is in the event residential noise levels are exceeded, and how police will provide protection in terms of the influx of people into the area. Fred Price, Fairway Condominium owner, questioned what would be the impact of the project on the sewer plant; and stated that it has not been said that there will never be an exit onto Crossley Road. City Manager stated that the project will be required to pay the Sewer Facility Fee, which is designed to cover plant capacity and provide the ability to finance construction when needed; and that the developer is required to provide on-site or off-site lines needed to connect to existing lines and to the plant. Director of Community Development stated that the approved planned development district plans govern what is allowed to be developed, and the developer cannot do anything that is not shown on the plan; and the approval carries with the specific plans as well as written conditions. Lee Cologno, resident, stated that many people live here, and want to enjoy the peace. He requested that an EIR be prepared and that assurance be given in terms of absolutes, rather than "shoulds" or "think" relative Ito noise. W.D. DeTour, Fairway Condominiums, stated, that he would like more analysis done; that the noise level would be less if the hill were on the opposite side facing the industrial area; and questioned if mitigation is possible to handle the case if the developer cannot meet the noise levels that he thinks he can. Mr. Price suggested that in-lieu of a chainlink fence, a block wall be installed. Herman Rosendorf, Fairway Condominiums, questioned how much water will be used. L� I lv Council Minutes 5-1-85 Page 4 1 . P.D. 168 (Continued) Mr. Kasoric stated that regarding an EIR, the Planning Staff made a study and concluded that the project would not have a significant environmental affect, and recommended a negative declaration, of which, one condition was that the project must meet mitigation measures in the negative declaration; that private security force will be in place 24 hours per day, and the parking lot and entire area patrolled; that the intent is to maintain the 'facilities at the highest standard possible; that the ingress and egress road is one and the same; that at the direction of the Planning Commission, the developer prepared plans showing the hill in all four corners, and the Planning Commission analyzed each, and concluded that site proposed is the proper place for it, because of wind, sun and other criteria; that the hotel committee of the Chamber of Commerce supported the project; that the Water Task Force has not found there to be a shortage of water; that this project will use recycled water, and less than that required by a golf course. in answer to question by Council , he stated that if the project is creating a noise nuisance, the principals would take steps to alleviate the noise. Mrs. Price stated that the homeowners want written guarantee that the developer will stand behind it and will do something to help the homeowners; that there will be a wall that will not allow traffic to exit on to Crossley Road. She stated that 'Fencing is ugly, and recognized that other uses, e.g. , golf courses, do not have them, but the homeowners are greatly concerned that without a fence or wall , nothing will stop cars from taking a short-cut to Crossley Road. There being no further appearances, the hearing was closed. Director of Community Development stated that the approval includes the plans, and specific final development plans must be approved; that the only way in and out is through the private driveway which has direct access to Gene Autry Trail ; that there is no other opening to Crossley Road; that the plans determine what can be built, and to do something else would be a violation of the approved plan ; that a condi- tion of approval is that the project have a perimeter fence, and the developer has stated that it may be possible to provide the containment by means others than fencing. He stated that additional conditions regarding review upon complaint, or regulating hours, may also be added, as well as adding conditions following such a review. He also stated that for discretionary projects, an environmental assessment is made by the Planning Commission, which may be a negative declaration, a negative declaration with conditions, a focused environmental impact report, or a full environmental impact report; and that such determination is made prior to the approval of the project, which . is not less than two weeks after giving notice of the determination; and that colors and other aspects of the project will be reviewed as part of the final development plans. Councilman Smith stated that this is a desirable use, and one identified and recommended by the Community Services Commission to meet needs of the youth; that the Planning Commission and Council would not approve it i'F it were detri- mental to the neighborhood ; and that he supported approval , with an additional condition that upon complaints by the area, the project be subject to further review and adjustments if needed. ;36b Council Minutes 5-1-85 Page 5 1 . P.D. 168 (Continued) Councilman Maryanov agreed that it is a desirable asset to the community; that it is a good project and one which has been looked at carefully, and will be compatible. Mayor stated that he has been horseback riding in 'the area (116) and witnessed dirt bike riders, which when scarcely out of sight, could not be heard; and as long as the low-level audio system is used, there will not be any noise problems, and should that occur, they can be stopped. Resolution 15502, approving P.D. 168, as recommended, was presented; after which, it was moved by Smith, seconded by Maryanov, and unanimously carried, Birer abstaining, that Resolution 15502 be adopted, subject to additional conditions to provide that upon receipt of complaints, the project be subject to review and adjustment or additional conditions, if necessary. 2. llth YEAR CDBG FUNDS Recommendation: That the Council receive public input relative to llth year Community Development Block Grant Funds alloca- tion. Economic Development & Housing Specialist highlighted report (85) of Director of Community Development, indicating that the llth year funding will be $409,000, and detailing the recom- mended allocation of the funds, which must respond to the block grant program. She noted that other projects suggested related to an automatic door at leisure Services, and a weath- erization program. She stated that the possibility of street improvements in the Veterans' Tract, coupled with an Assessment District, can be further explored to see if that is something that may be wanted in the future. In answer to question by Council , she stated that the funds may only be used in the targeted areas, and cannot be used for on-going operating costs. Mayor declared the hearing opened; there being no appearances, the hearing was closed. No action required at this time 3. SIGN VARIANCE 8.227 - CHEROKEE VILLAGE Consideration of appeal by Michael Buccino & Associates, representing Cherokee Village Condominiums, from Planning Commission denial of sign variance for a second main identi- fication sign on the NW corner of E. Palm Canyon and Cherokee (131 ) Way, Section 30. Director of Community Development reviewed his report, and stated that the Ordinance allows letters up to 8 inches for an address; that the address letters were installed, without permit after staff denial of application, in the same size as the project identification sign letters ; that the Planning Commission denied the variance on the basis that it found no special circumstances exist to justify the variance. Council Minutes 5-1-85 Page 6 3. SIGN VARIANCE 8. .227 (Continued) In answer to question by Council , Planning Director reported that the Ordinance allows a variance for architectural consid- erations, which not a finding, in general , in granting a variance; however, the Commission did not believe that finding could be made, because the issue was not related to working around architectural characteristics of the project; that second signs for condominium projects have been denied in the past, which were requested for "balance" and for which there may have been more justification than in this case; that if the address were to be moved to the same side as the project name size, the sign overall might be oversized; that the address sign of 8 inch or less size letters would not be considered a sign. Mayor declared the hearing opened. Michael Buccino, 340 S. Farrell , #A212, representing the appellant, stated that the letters were installed against code provisions, but are in harmony for the scale of the project; and that the name and address are separated by the waterfall and entry, and 8-inch letters would be lost by the scale of the area. There being no further appearances, the hearing was closed. Councilman Birer stated that the size is "balanced," and questioned if the address could be considered as a development sign until the project is sold-out, and then reduced. Director of Community Development stated that a temporary sign, up to 32 square feet, is allowed for trade construction during the course of construction, and must be removed when final inspection and right to occupy is given ; and that in this case, that would be within a few months. Councilman Smith stated that this may be an example where a strict interpretation of the Ordinance does not match how the project looks, i .e. , appears to be in scale, and 8-inch letters may look peculiar. Director of Community Development stated that the letters and numbers of the address sign are not the same style as the project name sign, and in order to see the address sign, a person would have to pass the entrance to the project. Councilman Foster stated that if the sign is allowed, and others have been denied, problems will develop and others will want the same thing; and that he believed i.he Ordinance could be followed, and the developer achieve the same purpose. It was moved by Foster, seconded by Birer, and unanimously carried, that the Planning Commission denial be upheld, and the appeal be denied. PUBLIC COMMENTS: - None LEGISLATIVE ACTION. 4. TRAFFIC SIGNAL - ALEJO/FARRELL Recommendation: That the Council authorize call for bids for traffic signal at Alejo Road and Farrell Drive. Report reviewed by Director of Community Development. (130) Minute Order 3575 authorizing tali for bids was presented; after which, it was moved by Birer, seconded by Maryanov, and unanimously carried, that Minute Order 3575 be adopted. 3G Council Minutes 5-1-85 Page 7 5. ORDINANCES FOR SECOND READING (Intro. 4-3-85) City Clerk read titles the following Ordinances: Ord 1239 Amending Zoning Map for P.D. 166, in-lieu of a change of zone for hotel on the SE corner of Indian Avenue and Vista (116) Chino, Section 11 . Ord 1240 amending the Zoning Text re Development Agreements. (103) Ord 1241 amending the Municipal Code re Waivers of Parcel (103) Maps and issuance of Certificates of Compliance. after which, it was moved by Foster, seconded by Maryanov, and unanimously carried, that further readings be waived, and Ordinances 1239, 1240 and 1241 be adopted. 6. BUDGET AMENDMENT - CITY HALL AIR COND. MODIFIC. Recommendation: That the Council amend the budget to appro- priate $170,000 to modify the air conditioning system in the original City Hall . Report reviewed by Director of General Operations. 1:61 ) Resolution 15503 amending the budget, was presented; after which, it was moved by Foster, seconded by Birer, and unani- mously carried, that Resolution 15503 be adopted. CONSENT AGENDA: 7. Minute Order 3576 approving amendment to agreement with Rebecca Morrow, to provide a $30 per hour compensation for original (52) composition work relative to editing of the Co-gen documentation. 8. Minute Order 3577 approving agreement with Jack A. Bentsen, Professional Engineer (P. E. ) for building inspection services (112) relative to the Desert Fashion Plaza project, in amount not to exceed $30,000. 9. Res 15504 amending the budget to appropriate $150,000 for General Liability claims through June 30, 1985; and Res 15505 amending (61 ) the budget to appropriate $150,000 for Worker' s Compensation claims through June 30, 1985. 10. Res 15506 amending the budget to appropriate $165,874. 58 for sick leave and vacation payouts pursuant to Memoranda of Under- (61 ) standing with employee units. 11 . Minute Order 3578 ratifying emergency purchase of a mini-van (84) from Dick Bretz Toyota/AMC, in amount of $9,494.42. 12. Minute Order 3579 approving purchase of a new Canon NP-500AFS copier, in amount of $7,950; and Res 15507 amending the budget (84) to appropriate $7,950 therefor. 13. Minute Order 3580 awarding purchase of tri-plex greensmower (84} from Pacific Equipment & Irrigation Inc. , in amount of $10,075. 14. Minute Order 3581 awarding purchase of a drive-through car (117) wash system from N/S Corporation, in amount of $22,809.16. 15. Res 15508 and 15509 approving Payroll Warrants & Claims & (86) Demands. 16. Res 15510 and 15511 increasing rental rates for spaces in Munici- pal Parking Lot #2 and Vehicle Parking District #1 , to ultimate (108) rate per space of 8% of in-lieu parking fee in effect at start of lease period. 5-1-85 Page 8 (" 17. Res 15512 designating San Rafael Road, from Palm Canyon to Sunrise Way, except at Indian Avenue; and Bogert Trail , from (136) South Palm Canyon to its easterly terminus, as through streets. 18. Res 15513 designating a four-way stop intersection at Tachevah (136) Drive and Via Miraleste. 19. Res 15514 approving FTM 20500 for property on Patencio Road, (137) south of Arenas Road, Section 15, KWL/Theodore W. Pilger. 20. Minute Order 3582 waiving formal bid procedures to purchase 100 3' x 5' and 2,000 4" x 6" Palm Springs Flags, through Desert (117) Flag and Spa Products, in amount of $26.79 each and $1 .65 each, respectively. It was moved by Birer, seconded by Maryanov, and unanimously carried, that Resolutions 15504 through 15514 and Minute Orders 3576 through 3582 be adopted. 21 . SB 290 - TRANSPORTATION FUNDING Recommendation: That the Council support SB 290, relative to transportation funding, in part, relative to road mainten- (98) ance costs in California cities and counties. Resolution 15515, supporting SB 290, as recommended was presented; after which, it was moved by Maryanov, seconded by Foster, and unanimously carried, that Resolution 15515 be adopted. 22. POLICE CIRCUS - LICENSE & FEE WAIVERS Recommendation: That the Council approve issuance of a permit to the P.S. Police Officers' Association to conduct a circus on May 10 and 11 , 1985, and waive business license tax and Angel Stadium rental . (64) Minute Order 3583, authorizing permits and waiving fees, was presented; after which, it was moved by Maryanov, seconded by Birer, and unanimously carried, that Minute Order 3583 be adopted. 23. COMMISSION APPOINTMENTS Mayor announced his appointment of Larry Lapham, to fill unexpired term of Peter Koetting on the Planning Commission; and Tom Cowman, to fill unexpired term of Art Nigro on the CVB Board ; after which, it was moved by Maryanov, seconded by Birer, and unanimously carried, that said appointments (60) be approved. REPORTS & REQUESTS: 24. FRANCHISE REPORT - Received & Ordered Filed - SCE- Franchise Payment, $376,594.64. 25. CITY COUNCIL reports or requests a) Councilman Foster requested that the Traffic Signal study for Murray/Barona/South Palm Canyon area be the subject of a future study session. Council Minutes 5-1-85 Page 9 26. PUBLIC reports or requests - None 27. STAFF reports or requests - None ADJOURNMENT There being no further business at 9:30 p.m. , Mayor declared the meeting adjourned. JUDITH SUMICH City Clerk: