Loading...
HomeMy WebLinkAbout2004 - MINUTES - 1/15/2004 CITY OF PALM SPRINGS CITY COUNCIL MINUTES JANUARY 15, 2004 ' A Special Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Oden, in the Council Chamber, 3200 Tahquitz Canyon Way, on Thursday, January 15, 2004, at 5:30 p.m. ROLL CALL: Present: Councilmembers Foat, McCulloch, Mills, Pougnet and Mayor Oden Absent: None The meeting was opened with the Salute to the Flag. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on January 12, 2004. PRESENTATIONS: None. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: No Business Mayor Oden stated that Public Comments would be held after the presentation by staff on the issues concerning the Palm Canyon Wash. DISCUSSION ITEMS: , 1. PALM CANYON WASH Recommendation: That a discussion be held regarding an update and status of the area commonly known as the Palm Canyon Wash in the Araby Cove area. City Attorney reviewed a Memorandum dated January 15, 2004, copy on file in Office of the City Clerk. Councilmember Pougnet exited the meeting at 6:15 p.m. City Engineer review site plans on display in the Chamber. Riverside County Flood Control District Engineer stated that the City Attorney did review the status of the issue completely; that there does seem to be some miscommunication regarding the matter; that the Riverside County Flood Control District only has jurisdiction over land that it owns; that the goal is to restore the wash to a safe condition; that the situation can be turned around and that the recommendation will be made to the Board of Supervisors to support the restoration process in a timely manner. Council Mintues 01-15-04, Page 2 ' PUBLIC COMMENTS ON MATTERS LISTED ON AGENDA: (3-minute per person) Arthur Block, read a prepared letter from Mr. Marantz, and added that the oral presentation by the City Attorney is concurred by Mr. Marantz; that it should be clear that oral agreement to perform the project was given by the County, Army Corp of Engineer and the City to remove the dirt without written permits; that Mr. Marantz is willing to reimburse the County for any corrective action needed to restore the Wash to a safe condition; and that an opportunity to speak with Dr. Moret would be appreciated, but as of yet not achieved. The following persons spoke against the action taken regarding the Palm Canyon Wash, due to traffic, noise, lack of permits and destruction of roadways. Nancy Guiterriz, Palm Springs Ron Jessor, Palm Springs Dr. Moret, Palm Springs Lynn Calerdine, Palm Springs Dale Blunt, Palm Springs Dr. Ken Garret, Palm Springs Steve Grasha, Palm Springs Rom Monahan, Palm Springs Karen Weiss, Palm Springs Rick Opler, Palm Springs In answer to questions by Council, City Attorney stated that Mr. Marantz did indicate that he thought the property in question was a part of the Riverside County Flood Control easement, but that the property owner was given courtesy notice by G & M Construction, but that it was in fact the wrong property owner; that the Engineering Department will reassess Barona Road for discrepancies in the status of the roadway. In answer to questions by Council, Riverside County Flood Control Engineer stated that permits are needed to work in the Wash; but that what was done was the removal of piles of debris; that the piles of debris are a concern of all parties, including Fish and Game due to the possible impact on the Casey June Beetle; that permits for the removal of the piles is not required through the Army Corps of Engineers; that the work performed was purely excavation; that the EPA is not involved in the work unless the Army Corps of Engineers does issue permits; that the final work needed could be done shortly; but that the stream bed does need to be restored back to a safe condition and that the work will take about six months; that many ongoing operations are permitted through a sand mining operation; that an encroachment permit is issued and inspections done; that the payment to the contractor is the fill dirt removed. Council Mintues 01-15-04, Page 3 In answer to questions by Council, City Attorney clarified that the wife of the contractor is a ' Planning Commissioner; that there have been accusations concerning conflict of interests involving prior members of the City Council and the Planning Commissioner; that it is not unusual for a City Official to have a conflict of interest and that the Fair Political Practice Commission ruling is that the affected Official must abstain from any action that results in a financial benefit; but that in this case, the issue did not come before either the Planning Commission or the City Council; that there are an array of issues from trucks going through the City without the proper permits to the political side of the situation; that the City Attorneys involved only dealt with the actual facts and a fact finding investigation; that it does appear some Ordinances were violated; that infractions of the law were committed; that some issues were referred to the District Attorney for review; that the referral to the District Attorney is not uncommon, that many code violations are referred to the District Attorney; that the City does have prosecution authority; that Mr. Marantz's attorney was advised that given the facts in respect to the infractions, the decision to proceed will rest with the City Attorney; that direction in that matter is not being sought through the Council; that there will be additional investigation to determine if something should be filed; that at this point the City is seeking appropriate relief regarding the issue; that Mr. Block, Mr. Marantz's attorney, did indicate that Mr. Marantz is willing to cover the repair costs, but that there is no settlement agreement in place as of yet and that the entire issue must be reviewed from a legal point to be sure of the full ramifications. Mayor stated most things happen for a reason; that it is a fact that Mr. Marantz has helped the City in the past when others would not; that there was some work that was done in the Wash that was not permitted, but that Mr. Marantz stands ready to pay for corrective action; that there were unfortunate remarks made that Mr. Marantz was accused of; that Mr. Marantz did apologize for those remarks; that there are some times when things are done or said that one is not proud of; that for himself, the apology by Mr. Marantz is accepted; that his willingness to pay for the corrective costs is accepted; that the blame of the entire situation does rest and should be shared by all parties involved; that it is time for the allegations to stop and for the Community to be responded to in a timely manner; that a final report will be followed up by the City Attorney and that it is time to move ahead and be the best we all can be. ADJOURNMENT: There being no further 779= ourned. PATRICIA A. SANDERS City Clerk