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HomeMy WebLinkAbout1990 - MINUTES - 7/10/1990 CITY OF PALM SPRINGS CITY COUNCIL MINUTES JULY 10, 1990 An Adjourned Regular Meeting of the City Council was called to order by Mayor pro tem Broich in the Large Conference Room, City Hall , 3200 Tahquitz-McCallum Way, on Wednesday, July 10, 1990, at 2 p.m. ROLL CALL: Present: Councilmembers Broich, Hodges, Muraviski , and Neel Absent: Mayor Bono (Mayor entered at beginning of comments by John Adams) REPORT OF POSTING OF AGENDA: The agenda was posted in accordance with Council procedures on July 6, 1990. PUBLIC COMMENTS: None JOINT PUBLIC HEARING WITH TRIBAL COUNCIL (Members in attendance: Chairman Richard Milanovich, Lucille Torro, Sue Short, Georgiana Ward, Ray Patencio; Attorney Art Bunce, and Planning Consultant John Adams) 1. AA 3.0763 E.L. YEAGER CONSTRUCTION APPEAL Appeal to the Tribal Council of the City Council ' s decision to uphold the City Planning Commission decision of Architec- tural Approval 3.0763, for grading plan for a parcel of Indian Trust Land on the NW corner of Mesquite Avenue and the extension of Belardo Road, as submitted by E.L. Yeager Construction. Chairman Milanovich stated that the purpose of the appeal is for the Tribal Council to determine whether to overrule the City Council , and allow the dirt to be placed on the property. Mr. Bunce explained how the Tribal Council/City Council (III- agreement came about, noting that it designates the City 001) as its agent to enforce city ordinances on Indian Trust Land, allowing appeal on any questions to which there is not a satisfactory conclusion; that the agreement is effective for thirty years, subject to cancellation by either party at any time; and that there have only been seven appeals since the agreement was signed - 5 were overruling the City Council , 1 upheld the decision, and I was a modification of the decision. John Adams, Planning Consultant, reviewed letter to the City Council , dated May 22, which outlined the procedure for the appeal , noting that the purpose of the hearing was to receive any new information, and 'chat the decision of the Tribal Council would be in writing within thirty days, and would be final . City Assistant Planning Director summarized the actions of the Architectural Advisory Committee, the Planning Commission and the City Council , noting that the proposal has gotten somewhat better in terms of appearance - two step, split slope with some contour; that Belardo Road is on the General Plan as a scenic corridor, a feasible entry into Tahquitz, and it should be given careful consideration; that a small segment of the area is visible also from South Palm Canyon Drive; that the Commission felt that for those reasons, in addition to the long-standing policy of not allowing a grading permit prior to submittal of development plans, the application should be denied; Council Minutes l 7-10-90 Page 2 1. AA 3.0763 (Continued) and as an alternate, the Commission approved the grading of a small area at the north side of the site, which although sooner than development plans, will serve as an entry way to the interpretative center, and is an area that will not remain pristine during construction of the flood control project. Mr. Adams summarized the actions of the Tribal Council Planning Commission, and previous actions of the Tribal Council concerning the project, also recognizing the sensi- tivity of the area; the zoning; the natural slope of the area; the possibility of considering extending and extra- ordinary conditions to make the project as a part of phase 2 of the flood control project; the opportunity to provide a disposal site for extra dirt for the flood project, and to prevent up to 13,000 one-way truck trips on city streets; the opportunity to provide a protective covering for the highest archaeological site, rough grading for the interpretative center road; and its recommendation to approve the revised plan, subject to Development Committee condition, with certain modifications of the time line on restoration to be the same as for the flood control project. Chairman inquired if anyone wished to be heard. Roger Mayer, Staff Engineer, E.L. Yeager Construction, stated that he felt the City's actions were in error; that the matter was not properly reviewed; that it was inappropriate to conclude that the land could have been split, and it was not an option that could be placed on the applicant, and was only considered to stop the project, and sidestep the issue, in that the visitor center aspect was immaterial ; that the action was only to uphold a pre- mature grading policy, and resulted in a denial without reason; that the project is an economic benefit to the land, will speed up development of Belardo bridge, if it proceeds; that it is a well engineered and practical project, and will not be readily visible to a person driving a vehicle; that it will prevent heavy truck traffic, and pollution; that the flood control project has stopped awaiting this decision, and they are prepared to submit plans and bonds to proceed. Chairman inquired if anyone else wished to be heard. George Marantz, 393 W. Mesquite, stated that the project is not simply premature grading; that it would be 70,000- 90,000 yards of fill ; that he felt bidder was trying to cut costs because they under bid the project; that the surrounding properties will be confronted with sand and dust; that Belardo Road Bridge will become a reality, and people will access the interpretative center from that area; that the area is part of the alleuvial fan, and once the dirt is put in place, it will remain in place 6 to 20 feet in height. Ted McKinney, 755 E. Sunny Dunes, stated that many years have been spent to make sure the debris basin does not look like the Tachevah Dam; that this project is well designed, and there will be overseeding of areas disturbed; and that it will take a lot of fill to speed up the construction of the Belardo Bridge. Council Minutes 7-10-90 Page 3 1. AA 3.076 (Continued) Mr. Mayer stated that the dirt will be spread over ten acres, ranging from 0 feet to 10 feet, and the residence located to the west; will be visible; and that it will be one-half the size of the fill dirt placed at the Cabazon Discount Center on I-10, which has re-vegetated without any assisted overseeding. Assistant City Planning Director stated that a 2: 1 slope can be engineered to be safe, with minimum water erosion; that there will be some blowsand immediately after the work, but it will subside as the earth compacts and new growth takes, which should not be too long in 'that area. There were no further appearances, and the Chairman closed the hearing. In answer to question by Tribal Council Chairman, Assistant Planning Director stated that the "no premature grading" policy has been a matter of practice; that the architectural approval ordinance requires review of grading plans as part of the approval process; and that permits are not issued for grading alone. In answer to questions by Tribal Council Chairman, Mr. Mayer stated he talked with the Assistant Planning Director before they bid the project, and he was aware that the policy which prevented pregrading the property; that they knew there was very little chance of having in getting a site on private property; that Mr. Patrick Patencio was interested in having the fill placed on his land; that they knew there would be a problem with the City, in that it was the City staff' s job to impose the policy; and that they considered the project a benefit to the Tribe and to the land owner. He stated that; the Planning Commission addressed a plan that covers the public areas of the interpretative center, which was never submitted by Yeager, and which was not an option, and should not have been considered by the AAC, the Planning Commission, or the City Council . Assistant City Planning Director pointed out the two areas on the plan which was on display, and what had been before the Planning Commission, the two areas; one which -is the project under consideration, and for which there was a straight forward denial ; and the other which showed the proposed grading on the north side (access to the interpre- tative center) of the site, which the Commission indicated would be approved if it could be worked out between the parties. Mr. Mayer stated that the Planning Commission would approve premature grading in one instance, but not in the other; that there is a lot of rip rap required for the debris basin; that the boulders will be removed for that purpose, along with boulders from Mr. Patencio's property; and that the finer grain materials would be shared with Mr. Patencio; that if the appeal is lost, there will be a charge for rough grading 6elardo Road, estimated between $20,000 and $30,non. In answer to question by Council , Mr. Adams stated that he was not aware of any plans for development of Mr. Patencio' s property, but it is reasonable with -the development of the flood project, completion of the bridge, and lifting of the watercourse zoning prefix, to see activity in the area. Mr. Mayer stated that the rough grading if done apart from the project, would be estimated at $100,000. Council Minutest 7-10-90 Page 4 1. AA 3.076 (Continued) In answer to question by Tribal Council , Mr. Mayer stated that removing the dirt is the responsibility of the contractor; that usually there is a premium for the dirt; that they could have picked uo some money if it had been arranged to dumped on the Hinsvark parcel , however, the Patencio property was chosen because of the appeal right to the Tribal Council , and their confidence, in taking the risk that an appeal would prevail , and if it did not, they would haul away the dirt. In answer to question by the Mayor, Mr. Bunce stated that the Tribal Council 's action has been by its resolution, within thirty days, which disposes of the appeal and there is no further discussion. Mayor stated that he feels both Council 's decisions are for the overall good of the City and its future, and what each wants to achieve; that he feels both of those are coming closer together, and that it is essential that they become mutual ; that he is confident the Tribal Council will make a wise decision, and whatever the choices are, he asked that the Tribal Council look at both entities goals, and if they fit together, somewhere therein lies the answer. Tribal Council Chairman stated that the Tribal Council members live in the city, and know what it means to be part of a community; that whatever decision is made, he feels it will be in the best interest of Lhe citizens and the community; that Tribal Members and the public have rights that must be protected, and perhaps if the City's policy had been in writing, this matter would not have gone this far, however, Yeager should have known and planed for it; and that the Tribal Council will take the best course available, which will be in the best interest of the citizens of Palm Springs. 2. CHAMBER OF COMMERCE FUNDING At the Study Session of July 3, 1990, the Council requested that the Chamber of Commerce be invited to discuss its recommendation for funding, and that of the Council subcom- mittee. Councilmember Broich stated that he and Councilmember Murawski met with a committee of the Chamber and its Executive Director, and he felt they had reach an agreement. Councilmember Murawski read the final draft of the under- (061) standing which he and Councilmember Broich had agreed to, a copy of which is on file with the City Clerk, and which provides that the Chamber will modify its bylaws and policy statements concerning full membership status, and implementation of visitors and business referrals and information, and asked that the Council adopt those stipulations under which funds would be provided to the Chamber. Council Minutes '' �� 7-10-90 Page 5 2. CHAMBER FUNDING (Continued) Marshall Stone, President of the Chamber of Commerce, asked that the Council Fund the request without restric- tions; that the Chamber provides 89,000 referrals to local businesses, and only 900 are referred to out--of-town busi- nesses; that the City does not have anyone performing this type of service, and he did not believe the City could do it for $158,000; that the City should fund the Chamber' s request for another year, during which the City could set up a replacement process; that the Chamber can provide monthly reports of its referrals both local .and out-of-town; and that it was the Chamber who first started the grand prix, and the film festival . Rolph Arnhym, Chamber Executive Director, reported that the Economic Development and [lost programs were approved, and asked that they be separated from the issue of visitor information and referral ; that the conditions suggested by the Council subcommittee requires a change in the Chamber' s bylaws, limiting membership and dictating policy; that other entities in the community receive tax dollars, and are not subject to the same conditions, e.g. , the Senior Center, the Library, the Boys Club, nor does the City's purchasing policies limit themselves to local merchants only; that the Chamber' s goal is to convert contacts to Palm Springs businesses; that the Chamber developed the slogan, "Palm Springs First;" that membership is what drives the organization, and it cannot change that, nor will it; and that its final offer is to continue the program for one year, without any changes. Bill Marzone, Palm Springs Hotel Association , stated that if visitor services are funded with public funds, that it should be the main concern of the City's Tourism Division that information given must refer equally and exclusively to business in Palm Springs. Councilmember Murawski stated that if the Chamber can agree with the conditions, he is willing to approve the funding, and would encourage the Chamber to do so; .and if it is not willing to accept those conditions, he is not willing to approve the funding. Councilmember Broich agreed, and noted that in terms of purchasing policies, the City is guided by certain laws, and it has little control over who bids, and when it may not award to low bidders. Councilmember Neel stated that the Chamber represents over 1,000 businesses , and the funds should be provided, which is not a significant portion of the Chamber' s budget; that it is a private entity, and the City should not be attaching those kind) of strings. Councilmember Hodges stated that tax dollars going to the benefit; of a private group, must be in addition to the benefit of the people in the City; that the Council is not anti-business, and withholding the funds is not a statement of that; rather, that the best: interest of the citizens must be considered. Mayor stated that the Council has gone to some outside consulting firms for the purpose of assisting it in helping to bring new dollars to the community, and the comparison is not a fair one to make. Council Minutes 7-10-90 Page 6 2. CHAMBER FUNDING (Continued0 Mr. Stone stated that the Chamber 'is a membership organiza- tion, and it cannot have a local government tell it how to have its bylaws; that the Chamber is working hard to take care of all of Palm Springs; that the Council is playing with words, and he finds that unfair to 'the public; and 'that if the Council wants to stop the program, it should only do so, when it has something to replace it. It was moved by Murawski , and seconded by Broich, that the conditions, as read, be adopted, and if followed by the Chamber, the funds will be provided; and in 'the absence of doing so, no funds for any purpose shall be provided. Councilmember Broich stated that his strong belief is that tax dollars cannot be used to promote anything other than Palm Springs citizens and merchants; and that the City should get an information center on-line as quickly as possible. Councilmember Murawski asked that steps be taken as quickly as possible to open the expanded services at 'the Welwood Murray Library, and to move ahead with any other proposals in terms of visitor services. Mayor stated that he was convinced that the goals of both the Chamber and the Council are the same, i .e. , to promote and help produce revenue in the comrrunity; that he thought the meeting of the subcommittees might find a reasonable solution and that everyone could move forward as a united force, rather than separately, adding confrontation in the wheel forward; that he realized the Chamber would lose $50,000 in out-of-city memberships, however, in the long run, the amount in the city could be considerably more; that perhaps the Chamber would consider trying it for one year, and if it did not work out, 'then end it - rather than asking the Council to try it for one more year; and that he wanted to avoid confrontation, but that the choice is that of the Chamber. Mr. Arnhym stated that regardless of the decision, the Chamber will move forward, and live with it; that the neither the Executive Committee, nor 30% of the membership feel that such policy and bylaws changes should be made; and that the Chamber has stretched as far as it an. Councilmember Neel stated that he felt the action would be pulling the rug out from under the Chamber, in that will mean refunds to out-of-town memberships. Councilmember Murawski stated that the conditions do not require that, rather that those memberships would be dropped on renewal dates. Motion by Murawski , seconded by Broich, to grant funding if the conditions are met, otherwise to withhold all City funding of the Chamber, was adopted, by the following vote: AYES: Broich, Hodges, Murawski & Bono NO: Neel ABSENT: None Council Minutes 7-1.0-90 Page 7 2. CHAMBER FUNDING (Continued) Councilmember Hodges stated that she fell: the Mayor's compromise was worthwhile, and something the Chamber could have done. ADJOURNMENT There being no further business, Mayor declared the meeting adjourned to Wednesday, July 11, 1990, at 7:30 p.m. ., in the Council Chamber. JUDITH SUMICH City Clerk