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HomeMy WebLinkAbout1993 - MINUTES - 5/24/1993 CITY OF PALM SPRINGS CITY COUNCIL MINUTES MAY 24, 1993 An Adjourned Regular Meeting of the City Council of the City of Palm Springs, was called to order by Mayor Maryanov, in the Large Conference Room, City Hall, 3200 Tahquitz Canyon Way, convening jointly with the City Council of the City of Desert Hot Springs, on Monday, May 24, 1993, at 6:00 p.m. ROLL CALL: Present: Councilmembers Hodges, Lyons, Reller-Spurgin, Schlendorf and Mayor Maryanov Absent: None The meeting was opened with the Salute to the Flag and an invocation by Rev. Giffin, United Methodist Church. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on May 21, 1993. (Note: The purpose of the meeting was to jointly discuss mrac;tatiion and sphere of interest matters related to the two cities. No action was taken by the City of Pahn Springs, and these minutes are not intended to reflect motions attempted by the City of Desert Hot Springs). PUBLIC COMMENTS: a) The following persons spoke concerning the City of Palm Springs proposed annexation: Harold Montank(sp?)staked that he owns property in the area to be annexed, and is opposed; that he does not know of anyone in the area who favors it; and that it would mean higher taxes for water and sewers and streets. Jan Foster, North Palm Springs, favors remaining in the County, conunenting that armexing to Palm Springs will reduce County tax income and thereby affect County Fire Station serving the area. Abby Silverstone, North Palm Springs resident, reiterated statements made at the last joint meeting, expressing concern,that residents who live in the surrounding area, but are not annexed, will be impacted and will not have any voice in the decision; that he; prefers remaining in the County,and if the area is ever to be,annexed,people he has spoken with tend to prefer Desert Hot Springs. Alice Warner read a prepared statement, and expressing desire to remain in the County. John Warner North Palm Springs resident, also stated preference to the County, expressing (054- opinion that the County regulations on VVECS are tougher than Palm Springs; that it will revise OOEi) its noise ordinance, and there will be fast tracking for the WECS, and there will be bigger turbines, moved back from residents, and he prefers remaining with the County and the Desert Hot Springs sphere. Monte Lukov submitted a letter, and asked that Councilmembers read it, since it was more detailed than he could read in three minutes. Greg Rupert, Desert Hot Springs, stated that he purchased 90 acres and has developed the North Village Center, and is ready for additional development of an industrial park, and lie apposed the annexation, and thinks Desert IIot Springs service his interests better; and that when Indian Canyon is closed at the wash, it affects thousands daily, and he did not see how fire services would be provided. Fred Noble, North Palm Springs,v✓ind industry owner, stated that an article in the Public Record, October 2, 1992, described the agreement and announcement of joint press conference regarding the boundaries and resolution reached; upon which people relied; and that he has invested money and the issue is whether government is honorable and whether the council can go back on their word; adding that the WECS conversion to more efficient units, will reduce the number by a 5:1 ratio; that people are out of work and these will be jobs in the annexation proceeds. Dave Barardo, an attomey stating that lee represents investors in the wind energy, and contending that his clients are third party beneficiaries to the existing agreement, and his comments serve to create a record that they are concerned about the abrogation of contract rights. He commented on a standard of measurement ffor changes to binding contracts, and potential liability on the part of government officials who matte political decisions without an ascertainable public benefit. In answer to a question by Counci➢member Kerr, Mr. Barardo stated that he was not connected with the Silver Sage litigation. Council Minutes 5-24-93, Pg. 2 DISCUSSION ITEM: 1. ANNEXATION & SPHERE OF INTEREST Councilmember Kerr stated that concerning threat of litigation, it may not be fully understood that the decision whether annexation tales place is snot'ap to Cue City of Desert 1_iiot Springs, rather to LAFCO, and agreement between the former Mayor and Councilmembers airs repudiated by the voters of Desert Hot Springs in November, 1992. Mayor Maryanov stated that Palm Springs will go to LAFCO, and that Deccrt Hot Springs may either support the application, oppose it, or remain silent; that he preferrej a position of support, but would be satisfied with a silent position in that absence of that. Director of Planning & Zoning Evans stated that concerning fire ser✓iccs, Chief Robertson contacted County Fire Chief and both feel confident that if annexation occurs, an agreement can be worked out to provide mutual protection and possibly other types off services to minimize service impact to any neighbor, and that there are areas currently which do not have mutual aid and the irvunediate response. He staked that the City Planning Department has tried to change the County standards in the area because it allows some of the heaviest zoning use, than anywhere else in the Coachella Valley, other than perhaps Coachella; and that Palm Springs has developed more restrictive zoning which will protect people who live in the area; that Pahn Springs has spent hundreds of thousands of dollars to restrict the standards for wend energy; that the County has shutdown the industry; that the reduction in the number of turbines will result in getting rid of some of the older units and be better for the residents of the entire Valley; Chat the LAFCO filing date is June 24, and the city has worked hard to get to that point, and is now in a position to file. In answer to question by Mr. Kerr,he stated that the revised County standards have only just been (054- received, and appear to be more restrictive than what it now has, and it will have a negative 005) impact if people are to redevelop the WECS; that there should not be a wade variance between the City, County and ELM, and he reasonable to allow the industry to progress in a positive way. He stated that there has not been any comparison yet as to noise decibels bet--ieen existing permits and what is proposed under new noise standards. In response to question by Council, Mr. Kerr stated that he is employe.? by the California Department of Forestry, as a Battalion Chief, and defined the boundaries of the Departments service area; that he has been so employed ffor twenty-sir, years; and that the outcome of the annexation well not have any affect on his salary, retirement or benefits. Desert Hot Springs Planning Director, .John Crist, stated that he questioned both City Attorneys as to whether the agreement between the cities was legally binding, and was told that the Council cannot bind a future Council from changing its position regarding the agreement; and that members of the Councils are not subject to litigation (referring to Mr. Eerasdo) and are to use their best judgement. Councilmember Weissman stated that the agreement came to the forrrae,r Desert Hot Springs Council prior to its election and was not executed,and therefore, was not cmnp➢eted; and that was made public information. Mayor Maryanov stated that he was not aware of a last that Desert Hot Springs had not assigned the documentation; that Palm Springs acted on the agreement and withdruw its appeal based on the agreement; and was not disputing whether it was executed. Director of Planning&Zoning reported that the purpose of the question to the City Attorney was whether there could be binding agreement that establishes long-term city Jar it boundaries between the cities to mitigate fears that one step beyond 1-10 did not mean a major jump later; that when the agreement was entered, that fear was put to rest. He stated that the City Attorney said that such agreement would not be binding, but could he set up so that conditions roust be met before it is changed. Mayor Segrist stated that he has been threatened before with litigation, avid recommended that before any action is talen by Desert Hot Springs, that the Council see?: advice from the City Attorney; after which, a motion was made by Kerr, seconded by Weissran, and unanimously carried for such course of action. Councilmember Been stated that he was still unclear as to why Palm Springs wants to annex. Council Minutes 5-24-93 Pg. 3 1. ANNEXATION (Continued) Councilmember Schllendorf commented that the Palm Springs 'initial plan was more encompassing and was reduced so that there would not be an objection by Desert Hot Springs; that because the City felt it had such an agreement, it carried out its portion of the agreement in withdrawing its objection,and that she appreciated new Counedlmembers may have lilted the decision, but nothing was offered to mitigate the decision to back out of the agreement. Mayor Segrist stated that it was an open meeting at which four of the prior Palm Springs council said there was no intent to annex north of I-10; that Palm Springs is moving forward anyway and another meeting on this issue would not be helpful. He commented that here array be other items of mutual concern for discussion, and that whatever decision is rendered on the subject, it should not interfere with future issues. Mayor Maryanov stated that lap was not certain at which of the two Councils an implied threat of litigation was made; that not only did the two cities reach an agreement„it was publicized and was alleged that the entire Council of Desert Hot Springs approved it; that Palm Springs acted on it and would not have done so had it not been for the agreement; that he did not feel future considerations would be affected, but a means of trust must be developed, in order In rely on continuance of action,not simply to be ceased because of an election. fie stated that Palm Springs is considerate of people who live in the area, and expect to sit down and wort:with the county, including fire services; that the public raised issue about County taxes, and everything that has been told to the City is that County will receive more tax revenue; that the City has an MOU with the wind industry as far as development is concenied, and Palm Springs Planning Director has been one of the major proponents for control of wined energy, and noise; that he viewed the annexation as a chance to develop annd help a new industry that will be food for the Valley, County and the Cities and the country, not as a grab for revenue. Mr. Ken staled that wind energy is not the issue, and commented on fossil fuels and the opinion that ultimately wind energy will not do a lot for the energy crisis in J nerica. ADJOURN There was no further business, atad Mayor declared the meeting adjourned. 9JUDI'i II SUMICI3 City Cleric