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HomeMy WebLinkAbout6/18/1981 - MINUTES I CITY OF PALM SPRINGS CITY COUNCIL MINUTES JUNE 18, 1981 An Adjourned Regular Meeting of the City Council was called to order by Mayor Doyle, in the Large Conference Room, City Hall , 3200 Tahquitz- McCallum Way, on Thursday, June 18, 1981 , at 12:45 p:m. ROLL CALL : Present : Councilmembers Beirich, Field, Ortner, and Mayor Doyle Absent: Councilmember Rose (entered during initial presentation) (Note, also present: Tribal Councilmembers M. Patencio, B. Young, R. Milanovich, S. Short, and Chairman R. Patencio; Tribal Council attorney and planning consultant) 1 . INDIAN LAND ZONING Chairman stated that the Tribal Council perspective is that zoning is the only issue and purpose for the meeting, and that other items noted on printed agenda are incidental . Comments by Tribal Council Attorney: a) Issue began in 1973 when people were under belief tha.L City could impose zoning on Indian Land and original zoning was revised and net effect was wholesale down-zoning, and because of that, Tribal Council believed Indian Land was placed in a severe disadvantage. b) After Secretary of Interior rescinded his 1965 order, which (103) made City zoning indirectly applicable to Indian Land, it became clear that another mechanism to control zoning was needed; agreement was entered into between the two Councils, followed by informal discussions concerning possible changes to the then existing zoning to alleviate down-zoning occurrences. c) Formal request was made by the Tribal Council in October, 1978, followed by a series of study sessions , and a town hall meeting in February, 1979, for the purpose of eliciting public input, at which a number of people spoke in favor and in opposition. d) Simultaneously, Tribal Council had developed recommendations in concert with John Roberts, its then Planning Consultant, who met with each effected land owner; matters did not progress as fast as Tribal Council would like to have seen; and another formal request was made, followed by further discussion. e) In June, 1980, a further request was made that the City initiate the zone changes in a formal manner; after which, further exchanges occurred, e.g. , CEQA applicability, and willingness of Tribal Council to assist the City in the manner by which the zone changes would be processed. f) Tribal Council views the purpose of the meeting as one of a clarifying nature, and establishing procedures by which the zone changes will be processed, and once the City Council commences that, then other subsidiary matters can be addressed. Comments by Tribal Council Planning Consultant : a) June, 1980 letter expressed Tribal Council concerns about delays in the original request of October, 1978, and spelled out specific requests, which were similar to those in 1978, with some variations. Council Minutes 6-18-81 Page 2 1 . INDIAN LAND ZONING (Continued) b) May, 1981 letter requested that the City initiate those zone changes, with some updating after the Tribal Council had looked at development which had taken place, and where there were improvement plans, but no development as yet. c) Some development was Found to have taken place in Section 2, one project under construction, and it would not have been consistent or compatible to request zone changes on those; likewise in Section 30. d) Regarding Section 14, R-4 zoning request, much activity was found, and the Tribal Council did not want to create a non-conforming situation where development has taken place, and requests a minor modification in the zoning text to delete the minimum density and alter yard dimensions; and that R-4 is appropriate for Section 14. e) An overlay has been prepared to attach to the June, 1980 map, together with a spread sheet of the parcels, showing the June, 1980 proposal , existing zoning, City's position, existing land use, status of development and its conformity and compatibility with the 1980 proposal , and Tribal Council May, 1981 position and comments. HERE COUNCILMAN ROSE ENTERED CONT (103) Assistant to Tribal Council Planning Consultant reviewed the above mentioned spread sheet, and stated that the City has not seen it before this time. Comments by Director of Community Development: a) Highlighted a 1981 memorandum, recapping areas where the two Councils had reached some agreement. b) Zone changes in 1973 were throughout the City and not just on Indian Land. c) Explained the various maps, indicating areas where there was agreement to proceed; areas where there was no agree- ment reached; and areas where there was agreement, but where Tribal Council has recommended additional changes. d) Issue of avoiding non-conformity in Section 14 would be handled by lowering the density point. Tribal Council Planning Consultant noted that one case is pending an appeal and another relates to an application in process before the City, and those should not be held up as a result of processing the Tribal Council 's requests. Comments by City Council : a) Perhaps hearing process should be commenced on those items where there is agreement or definitely no agreement; and discuss further those areas where there was agreement, but where the Tribal Council position has changed since that agreement was reached. Council Minutes 6-18-81 Page 3 1 . INDIAN LAND ZONING (Continued) b) It would be in the best interest of everyone to get the process started as soon as possible; and there may be items where there will not be any agreement. c) 1981 proposal as last attempt to present Tribal Council position overlooks attempt of good faith by both sides to eliminate as many conflicts as possible; had hoped to limit those further, but if Tribal Council position is that it does not desire to discuss further, there is little choice but to move forward. Comments by Tribal Councilmembers Attorney and Planning Consultant • a) City appears opposed to initiating the changes, and Tribal Council is not willing to go through discussion again. b) Do not want to discuss further; this is desired and want the changes initiated. c) Understood purpose of the meeting was to inform the City Council ; everyone knows what the different changes are and what is being proposed. d) Previous agreements were not binding on new Tribal Councilmembers. e) Tribal Council is in a position of doing its own zone changes, and if placed in that position, it will act; changes must at least be initiated, if not, problems will be encountered. f) Proposed changes are not set in concrete, and they could be changed after the hearing process. g) Believe have addressed concerns expressed by the City and CONT'D conflicts with proposed and existing development; whether (103) that fully satisfies City staff is not known. h) City Council should realize that the 1978 requests were moderate and the Tribal Council has behaved in a responsible way to revise those requests so they are the least onerous or severe, and are now even more moderate; if process reveals weaknesses that were not seen before, Tribal Council will act on that new information; and inspite of what has happened, there has not been any formal movement in the process. B. APPLICANT FOR THE ZONE CHANGE REQUESTS: In answer to question by City Council , City Attorney stated that if the Council desires to initiate zone changes and general plan amendments, it can adopt a motion referring same to Die Planning Commission; and that three parties can initiate such changes, i .e. , City Council , Planning Commission or owner of the property affected. Mayor questioned who is the applicant, stating that he understood that the Tribal Council , its members, or individual landowners would make application for the requests. Councilman Rose stated that there was not reason to make it a difficult procedure, and that it would be appropriate for the City to initiate the requests, with clear understanding that it is through the request and at the direction of the Tribal Council . Council Minutes 6-18-81 Page 4 1 . INDIAN LAND ZONING (Continued) Tribal Council Attorney stated that the 'Tribal Council was considering the adoption of a resolution, following this meeting, which would address any actions that might be needed and could include formalizing the exact name of the applicant. Following discussion, it was moved by Beirich, seconded by Ortner, and unanimously carried, that the City initiate the requested proposed zone changes and general plan amendments at the request of the Tribal Council Chairman who speaks on behalf of the Tribe. C. PLANNING PROCESS Director of Community Development explained normal planning process and environmental review; that the time frame at the outside would be 6-8 months; and that if the proposed changes went to the Planning Commission on July 22, 1981 , and there were no problems or delays, it could be back to the Council in mid-September, provided there were not CEQA requirements. D. NON-ZONING ISSUES: (103) (103) City Manager stated that some issues may be forthcoming which do not directly relate to the Indian Land or the proposed changes, i .e. , traffic circulation which will be impacted by future growth, drainage which will compound exponentially and sewer trunk lines; that the City is raising the issue of certain new types of fees that will help to deal with the potential negative impacts of growth, and is requesting the Tribal Council to give serious consideration to the City's rationale. He illustrated situation where increased density may result in increased sewage which might lead to need for larger sewer line than that which was installed, and staff's position is that all undeveloped land in relation to that line would contribute to its expansion, whether Indian Land or non-Indian Land, based on documented potential problem, mitigation measures, and method of payment. Tribal Council Chairman stated that Indian Lands will pay its fair share, if it is fair. E. CEQA Tribal Council Attorney stated that a developer, ordinarily, would be subject to CEQA, but when the City is acting as agent of the Tribe, since the Tribe is not subject to CEQA, the City is not subject to CEQA; that the Long Term Leasing Act provides environmental review during the development of the lease, and addresses what will be the particular development„ in terms of environmental review, and the lease must specify what use will be on the land, often times very specifically, and does not consider whether the zone is proper or compatible; and that any amendment to the lease, to change, upgrade or augment it, is also subject to environmental review. Director of Community Development expressed concerns that if all of the land around a lease site is changed., the environmental review during the leasing will be of no consequence. Council Minutes L f 6-18-81 Page 5 1 . INDIAN LAND ZONING (Continued) City Manager stated that staff is satisfied that there is an exemption for CEQA purposes ; that there is every intent on the part of the Tribal Council to take into account certain environmental factors, whether dealing with a lease or development; and, even if CEQA will not apply, the Tribal Council will be sensitive to environmental issues as they come about. In answer to question by City Council , City Attorney stated that although the language is not precise in the agreement, the City carries-out the exercise of zoning power which the Tribal Council asserts, and Tribal Council Attorney's point that the treatment under CEQA would be a ministerial act and, therefore, the City would be exempt from the environmental process in considering the zone change and general plan amendments. Councilman Rose stated that if the exemption is based on the City being the agent of the Tribal Council , there should be something more definite than the language in the agreement-; and that in light of increasing numbers of lawsuits, and, if there is agreement to do these changes together, it should be done in such a way that neither gets slapped in the face. Tribal Council Attorney stated that this is one point which CONT'D could be covered in the above referred to Tribal Council resolution. (103) In answer to question by City Council , City Attorney stated that the worst that could happen is that some projects may be delayed and someone may challenge the lack of environmental review, but that would not be as much a City problem as a landowner problem; and that he was not aware of any CEQA requirement for monetary damages. Tribal Council Attorney stated that one barrier might be the indispensability of the Tribe. Councilman 8eirich stated that the Tribal Council must recognize that the City Council operates differently, and it is possible that citizen groups may vehemently speak against the changes, which cannot be negated and to which attention must be paid; that there is nothing to say that some State agency might get involved in the process, which also cannot be dismissed, but must be dealt with; that if there is any evidence that there was not due process on the part of the City, then things can be stalled down the line; and that there may some things beyond the City, which will require sitting and listening and making a judgement. Councilwoman Ortner stated that she felt it was important that Tribal Councilmembers be in attendance during the hearing process in order to receive first-hand information. F. APPLICATION OF AGREEMENT & SUPPLEMENT TO CHANGES UNDER CON- SIDERATION City Attorney raised question whether the final decisions on the zone changes and general plan amendments should be binding, or if appeals to change that which has been arrived at should be considered. Tribal Councilmembers expressed opinions that appeal rights should prevail , and that it was possible over a period of time that changes in conditions might warrant additional zone changes . 1.9 2 Council Minutes 6-118-81 Page 6 1 . INDIAN LAND ZONING (Continued) G. FUTURE APPLICATION OF AGREEMENT & SUPPLEMENT In answer to question by Mayor, Tribal Councilmember Young indicated no dissatisfaction with the current agreement, except perhaps a clarification of the agent relatiionship. Tribal Council Attorney stated that the Tribal COUncil is considering changing the appeal procedures, which would have a direct application to the procedures in the agreement; and that the City's suggestions are solicited in that regard. H. CONCLUSION Councilman Beirich stated that early discussion was that the proposed changes would be a joint effort and attempt would be made to arrive at changes which both could support; that that conclusion was not reached, although there is clear agreement on certain parts; that, personally, he would have preferred to have had a joint recommendation; and that the Council was not attempting to slowdown the process, it just took a lot of time, and it was a good faith effort. Tribal Council Chairman stated that he would like to have seen the processing of those areas where there was agree- ment, with a continued discussion of those where there was not agreement, but the City Council wanted everything in CONT 'D one package. (103) Councilwoman Ortner stated that she felt there had been some progress this date, and matters should move 'Forward from here. 2. PALM SPRINGS CULTURAL CENTER City Manager stated that the Council may desire to budget $15,000, without strings, or adopt proposed resolution which, basically, indicates that funding will be provided with understanding that the City shall be a co-owner of the study, and further details would be worked out with the cultural center group. He stated that the actual costs to complete the study may be somewhat higher than anticipated. Councilwoman Ortner stated that the proposed resolution addresses her concerns and she would be in support: of it. Councilman Rose stated that when he suggested that: the City (139) become the lead agency, he believed the Mayor and Councilman Beirich also believed that would be appropriate, and that he did not see that as a part of the proposed resolution. Mayor stated that if the project gets further along, the City will have to be involved and will be the lead agency, since no one else can establish the joint powers authority; that he felt the information was needed first; and that he could not state, specifically, at what point the City would be more involved. City Manager stated that if the City is co-owner of the study, it will have the ability to ask questions and make certain findings, and whether any further progress would be appropriate would be a Council decision; that beyond the point of the study, only the City could exercise the power which would be needed, specifically, talking about an election - either to obtain a 2/3 vote to raise the room tax, or a majority to endorse the concept. ,'3 Council Minutes 6-18-81 Page 7 2. PALM SPRINGS CULTURAL CENTER (Continued) Councilman Rose stated that he felt the cultural center group would do the project more harm than good if it continues in the leadership role; and that, if analysis is made, then the City can take over without any further help from them. Councilwoman Ortner stated that she did not know, if in the end result, whether she would vote for the project, but Pelt the City had an obligation to continue and get the repor, finished, in order to determine whether it is a viable project; that she would not like to alienate people who have headed-up the project and worked hard for it; and that she would support participating in funding the completion of the study, which does not mean she will vote in favor of the project should that time come, and that she did not see the project just as a cultural center, but as an economic base for the community and the development of a lot of other projects in the City. Councilman Field stated that he could understand Councilman Rose's concerns, however, the bottom line is the study itself and, although he did not like the route by which the project CONT'D got to this point, the basic concern is information and its (139) viability; and that the viability of the project and the leadership put in place will not be known until the study is completed; and for that reason, he would support funding the completion of the study. Councilman Beirich stated that he saw the City, personnel and funding wise, as the only one to implement whatever facility comes about, and that the role will be assumed more as a matter of default, because there is no one else to do it or have the necessary people in place. He also stated that it was his intent that whatever comes out of the study in the way of reports, interpretations, etc. , would be originated by City staff, and he would not rely on anyone else to make those interpretations, although there may be more information from others. Resolution 13868, approving participation in funding the study, provided City becomes the co-owner of the final report, and Resolution 13869, amending the budget to appropriate $15,000, were presented; after which, it was moved by Ortner, seconded by Beirich, and unanimously carried, that Resolutions 13868 and 13869 be adopted. ADJOURNMENT There being no further business at 3 p.m. , Mayor declared the meeting adjourned. NORMAN R. KING City Clerk / /BY: JUDITH SUMICH Deputy City Clerk