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HomeMy WebLinkAbout7/16/1986 - MINUTES I CITY OF PALM SPRINGS CITY COUNCIL MINUTES JULY 16, 1986 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, July 16, 1986 at 7:30 p.m. ROLL CALL Present: Councilmembers Apfelbaum, Birer, Foster, Smith and Mayor Bogert Absent: None The meeting was opened with the salute to the Flag and a Moment of Silence. COMMUNITY REDEVELOPMENT AGENCY: No business COMMENDATIONS: Mayor read accomplishments of Dennis Ujimori , Word Processor in the City Clerk' s Division, and presented the second quarter, 1986 Employee Recognition Award to him. Mayor also presented plaques of appreciation to retired board and commission members, as follows: Frances Heifitz, Community Services Gary Olsen, Airport Sharon Apfelbaum, Planning Commission William Kuhlman, Rent Control APPROVAL OF MINUTES: It was moved by Foster, seconded by Smith, and unanimously carried, that the Minutes of June 18, 27 and July 2, 1986 be approved. ' PUBLIC HEARINGS: 1 . TTM 21492 Recommendation: On July 2, 1986, Council continued hearing on recommendation to approve TTM 21492 to combine property on El Segundo Road at Saturnino, at request of applicant - Section 14, Bernard J. Crawford. Director of Community Development reported that this matter was reviewed in detail at the last study session, at which it was noted that the triangular sliver of land north of the channel was created under terms of the Indian lease; and that if it remains and is not combined with the property to the east of it, it will never be developed, and Saturnino will not have street improvements made to it, which are required as the area develops. City Attorney stated that he advised the Council , in its study session, that the City should not be in a position of approving the map, but should deny it, because it violates the General Plan, Zoning Text and Subdivision Map Act; that, as an alternate, he recommended that the matter be continued, in order to allow developer to produce evidence that the Bureau of Indian Affairs (BIA) commits to combining the sliver with parcels to the east ' so it will be included as part of a project on that parcel . Councilmember Smith stated that he would abstain due to a client relationship. r Council Minutes 7-16-86 Page 2 1. TTM 21492 (Continued) Mayor declared the hearing opened. Michael Harris, attorney Best Best & Krieger, 600 Tahquitz Way, stated that he did not believe the map is in violation of the Subdivision Map Act, because the property is Indian land, and the Federal Government is immune from the Map Act; that the developer does not want the matter continued; and that he believed the Council could approve the map subject to receiving from the local BIA Director a form of commitment that in case lease is made of any property between Calle E1 Segundo and Avenida Caballeros on Saturnino, that the sliver will be included as part of one lease. He stated that the local director has said that he will give such a letter; which he believes is as strong a commitment as can be made on the part of the government; and that the local director does not have the ability to join lessees as tenants in common. Bernie Crawford, 1935 Cadiz Circle, stated that he would accept the recommendation to require evidence from the BIA, but without a continuance of the matter; that the local director does not want to have the remaining sliver either; that the channel was intended to serve as a natural barrier for the parcels; and that the parcel to the east of his leasehold had the same situation, and nothing was said by the City when he (brought in his project to discuss it with staff. There being no further appearances, the hearing was closed. In answer to question by Council , Planning Director reported that an additional 15-foot dedication is required on Saturnino. Discussion ensued concerning possibility of requiring developer , to install street improvements on Saturnino. City Attorney advised that because of the additional dedication required, the Council could not require the developer to go onto someone else' s property and install the improvements, and if the condition is not attainable because of actions required of other agencies and that action is withheld, the condition is deemed unenforceable, and would be nullified in terms of the map. Mr. Harris stated that it would be fruitless to go back to the BIA and Allottees., and perhaps the developer could pay the cost of the improvements, and let the City use its position to secure the right-of-way. City Manager stated that perhaps both the payment of the cost of improvements by the developer, which would provide the dollars to complete the improvement once the right--of-way is worked out, as well as the letter from the BIA should be secured. Councilman Foster stated that the sliver should be curbed and street improvments installed, but otherwise should be left alone; and that he did not believe it would ever be useable to a property to the east. City Manager stated that if the sliver is riot a part of a future project, it becomes an area without anyone being responsible for its maintenance, and the City will be looked to for clean up. Resolution 15941 approving the Map, was presented; after which, it was moved by Foster, seconded by Apfelbaum, and unanimously carried, Smith abstaining, that Resolution 15941 be adopted, subject to additional condition that the developer deposit with the City an amount, as determined by the City Engineer, to accomplish the street improvements along that portion of Saturnino adjacent to the referred to sliver parcel north of the Baristo Wash. Council Minutes 7-16-86 Page 3 2. AA 3.995 - ALLEN FENCE Consideration of appeal by Councilmember from Planning Commission approval of AA 3.995 for a chain link fence io be constructed on hillside property at 815 Panorama Drive. At request of applicant, this matter to be continued to August 6, 1986. PUBLIC COMMENTS: a) Deyna Hodges, 2122 E. Baristo Road, questioned if the City Council is included as an "employee" in terms of boards & commission appointments (See Item 5) LEGISLATIVE ACTION: 3. SAN BERNARDINO NATIONAL FOREST LAND & RESOURCE MANAGEMENT PLAN (5.0408) Recommendation: That the Council request that the Department of Agriculture National Forest Service consider extending the National Forest boundary to meet the City' s westerly City limits. This matter was reviewed in detail at the last study session. Planning Director highlighted report of Director of Community Development, and stated that ultimate approval would take an Act of Congress. Councilmember Apfelbaum suggested that this matter be delayed until the Council has an opportunity to hear from the Tribal Council , as well as the Department of Agriculture. ' It as moved by Apfelbaum, seconded by Birer, and unanimously carried, that this matter be continued pending further discussions as noted. 4. SPECIAL EVENT FLAGS Recommendation: That the Council approve two special event flags, under provisions of the Sign Ordinance - the Liberty Flag, and the We-Can We-Care Flag. This matter was reviewed in detail at the last study session; report was highlighted by Director of Community Development. It was moved by Apfelbaum, seconded by Birer, and unanimously carried, that the flags be approved as recommended. 5. MUNICIPAL CODE - BOARDS/COMMISSIONS Recommendation: That the Council amend the Municipal Code to add as a condition of appointment, and on-going service, as a City board or commision member, that such person shall not be a current applicant for City employment. Report reviewed by City Clerk, who noted that intent is to apply to position covered by the Allocated Positions & Compensation Plan, as contract employees ' of Community Services. 7-16-86 Page 4 5. MUNICIPAL CODE (Continued) City Attorney stated that reference should be made to Government Code 54957 as part of the legislative history of the ordinance; that "employee" does not include a person elected or appointed to office, except City Manager, City Clerk, City Attorney or City Treasurer, and if Councilmembers were included as employees, a person appointed to a board or commission would have to resign in order to run For Council , which is not the case. City Clerk read title of the Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 2.06.010 (b) OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO CITY BOARDS AND COMMISSIONS. It was moved by Foster, seconded by Apfelbaum, and unanimously carried, that further reading be waived, and the Ordinance be introduced for first reading. 6. ENERGY COMMISSION - REPEAL Recommendation: Energy Commission recommends that it be dissolved. City Clerk reviewed report, and stated that the Commission had recommended that it be dissolved, since its goals are staff functions and can be carried out without the Commission. She read title of the Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS., CALIFORNIA, REPEALING CHAPTER 2.23 OF THE PALM SPRINGS MUNICIPAL_ CODE TO DISESTABLISH THE ENERGY COMMISSION. It was moved by Smith, seconded by Birer, and unanimously carried, ' that further reading be waived, and that the Ordinance be introduced for first reading. CONSENT AGENDA: 7. MO 3770 approving basic guidelines for CDBG funded economic development revolving loan fund. 8. Res 15942 endorsing concept of service authority for freeway emer- gencies call box system in Riverside County on I-10, Highway 86 and the NE portion of Highway 111 . 9. MO 3771 awarding bid to trim palm trees to Parker Tree Service, in amount of $18,942. .10. Res 15943 fixing amount of money to be raised from property taxes for 1986-87 debt service requirements, and fix a tax rate therefor. 11. Res 15944 and 15945 approving Payroll Warrants & Claims & Demands. 12. MO 3772 extending Agr #2008 with the Senior Center to end June 30, 1987, for lease of the Frances Stevens Park. It was moved by Apfelbaum, seconded by Birer, and unanimously ' carried, that Resolutions 15942 through 15945 and Minute Orders 3770 through 3772 be adopted. r Council Minutes 7-16-86, Page 5 13. COMMISSION APPOINTMENTS Following announcement it was moved by Birer, seconded by Smith, and unanimously carried, that the following appointments be approved: Barbara Whitney, Planning Commission, 6-30-89 Gregg Mandinach, Airport Commission (Brock term) 6-30-89 Robert Lotito, Board of Appeals, no term 14. LIBRARY CENTER - ELECTRICAL Recommendation: That the Council award contract to David Richards Construction to furnish and install electrical work at the Library Center, in amount of $87,712 - CP 85-65, Agr #2332. This item was reviewed in study session, and no further report was given. Minute Order 3773, awarding contract as recommended, was presented; after which, it was moved by Birer, seconded by Apfelbaum, and unanimously carried, that Minute Order 3773 be adopted. 15. BUDGET - CONVENTION CENTER Recommendation: That the Council establish new fund to account for Convention Center activities; and amend the budget to transfer $3,526,943 thereto, representing an amount equal to the anticipated collections of the 2% increase in Room Tax through June 30, 1987, less $124,018 previously appropriated. This item was reviewed in study session, and no further report was given. Resolutions 15946 and 15947 were presented; after which, it was moved by Birer, seconded by Apfelbaum, and unanimously carried, that Resolutions 15946 and 15947 be adopted. REPORTS & REQUESTS 15. CITY COUNCIL reports or requests a) Councilman Foster requested that the Council be briefed on the activities of the Flood Control District in the Tahquitz Canyon; in particular, he was concerned about the extent of stakes that have been placed. b) Mayor suggested that letter be sent to the Oasis Water Park congratulating it on a successful summer event. 17. PUBLIC reports or requests - None 18. STAFF reports or requests - None ADJOURNMENT There being no further business at 8:35 p.m. , Mayor declared the meeting adjourned to Tuesday, July 22, 1986 at 3 p.m. , in the Large Conference Room, City Hall . JUDITH SUMICH I City Clerk