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HomeMy WebLinkAbout1994 - MINUTES - 9/28/1994 F)r� CITY OF PALM SPRINGS CITY COUNCIL MINUTES SEPTEMBER 28, 1994 An Adjourned Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Maryanov, in the Council Chamber, 3200 Talnquitz Canyon Way, on Wednesday, September 28, 1994, at 6:00 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ' ROLL CALL: Present: Councilmembers Hodges, Kleindienst, Lyons, Reller-Spurgin, and Mayor Maryanov 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 September 23, 1994. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION(All Entities)- See items on Page 3 of agenda this dale. INTERAGENCY REPORTS: a) Councilmember Hodges reported on CVAG Executive Committee activities, noting that referral was made to the TAC as to whether CVAG should enter into regional economic development, and that a report on PM-10 was presented by the Facilities Manager and she suggested it be repeated at a Council study session. She also would like a letter sent by the Mayor to the U.S. Forestry regarding the relocation of a radio transmitter on government land to help in the event of a future disaster for residents in the Pinyon Pines and mountain area; and she announced a CVAG sponsored desert clean sweep program concerning illegally dumped materials. ' b) Councilmember Kleindienst reported that the CVAG Transportation Committee adopted the multi-modal transportation planning agreement (Councilmember Hodges noted that the Executive Committee did likewise). c) Mayor announced that the Fire Consolidation Task Force concluded its work, and a recommendation will be forthcoming to the Council. PUBLIC COMMENTS: None LEGISLATIVE ITEMS: 1. HIGHWAY Ill RELOCATION Consideration of resolution of intent to relocate portion of Highway 111 on Gene Autry Trail from Ramon Road to the east city limits, to extend east on Ramon Road to 1-10. Item continued from September 21, 1994. Mr. Leidstrand supported the proposed resolutions developed by staff. City Attorney reported that there are procedural hurdles in the relinquishment process, i.e., if the City objects to the it, the State must hold a public hearing, and the proposed resolution waives that process. Ile explained each of four resolutions, one of which was not at the last meeting, and Cathedral City has requested it not be sent to the State, and that the significant language in the resolutions is that there shall be no cost to the Palm Springs. In response to question by Council, City Manager stated that the average annual number of accidents on Highway III is 7 and 9 on Ramon Road, of which 5 of 7, and 3 of 9, (090- respectively involved injuries. 001 Councilmember Lyons stated that the potential for Palm Springs is $1.3 million worth of improvements; that he appreciated the Cathedral City project, and a spirit of cooperation; that there were other things in the past where commitments were made and projects fell through, and he questioned how the aspect of no expense to the City will be enforced, and what a timely mariner means, and whether Cathedral City was willing to guarantee the cost, or bond the costs. Council Minutes 9-28-94, Page 2 1. HIGHWAY III RELOCATION Mr. Leidstrand slated that the real guarantee is that if these are not solved., there is no final approval and Cathedral City cannot go forward; that even though they may be difficult problems, he believed there are solutions, and ultimately if Palm Springs deride to rescind its resolution, the project cannot go forward without Palm Springs; that,the resolution initiates the process; that concurrent with the State's review, the two cities would work through with CalTrans to find solutions to these problems and to develop a cooperative agreement, and proceeding further would depend on the satisfaction of Palm Springs; and that there is no commitment as to the end result at this time. Mayor stated he supports cooperation and working together; that he was very concerned about improvements on Gene Autry Trail, and Palm Springs' responsibility for it; and he asked for assurance that if the entire process is off, that there is no commitment, no liability or no damage to the City, and it would not have to sue to stop the process; and that it is Cathedral City's responsibility that the improvements take place at no cost to Palm Springs and that they be completed before the Highway designation is removed. City Attorney stated that such is the intent, but he could not make: a guarantee of it; that the City has the right to protest, but it is ultimately the State's decision, nor does the City have a veto of the decision; that the documents indicate a cooperative agreement is to be worked out; that he has not spoke with CalTrans, and perhaps Cathedral City has been informed that if the cooperative agreement does not go forward, the process will stop. Mr. Leidstrand stated he has not spoken with the State, that the consent of Palm Springs is expressly conditioned upon a satisfactory cooperation agreement; that his understanding is that without the agreement, Cathedral City cannot go forward. City Attorney stated that an agreement could be entered into with Cathedral City,which would deal with what happens under these circumstances; and that if all cities agree to the process, and there is no agreement reached with Cathedral City, it appeared the State could still make the redesignation. I ' Mayor noted that the State could contend that Palm Springs did not protest. Councilmember Reller-Spurgin stated that the voters approved the utility tax because the City did riot have enough money to cover basic services, and the Council's goal is to decrease the budget by $4 million over the next 3 years; and it would not be iresponsible to increase the debt by another $900,000, plus the annual maintenance forever. In response to questions by Council, Cathedral City Mayor Englehardt stated that Palm Desert adopted a resolution to initiate the process; that the $300,000 per city was air incentive that otherwise would be lost if the process was not initiated by September 30. Mayor staled that the missing piece is that there must be a written agreement with Cathedral City that if the solutions are not reached, the process stops. City Attorney stated that the resolution "1-E" contained in the agenda materials, waives the City's right to protest, and without that section, the remainder only initiates the process, and that the first sentence in Section 1 of resolution 'l-B" dealing with approving the redesignation, causes the most problem without it being binding on both sides; and that language could be added, that such is subject to a written contracrt with Cathedral City. Mr. Leidstrand stated he had no objection to making the resolution expressly contingent upon a set agreement coming back to the City Council; and thought the key item is action to "initiate" the process. Councilmember Kleindienst stated that timing and funding are the issues, and that $300,000 for all of the cities involved is not enough to cover the potential $1.3 million costs associated with Gene Autry Trail, and that he did not have satisfaction that Palm Springs is safely assured that lire bridge problem will be mitigated. Mayor stated that perhaps the matter could be deferred for another two weeks, with the City reserving its right to protest, and coming to agreement and then approve the resolution; and that it would riot appear a protest in two weeks. Council Minutes 9-28-94, Page 3 1. HIGHWAY III RELOCATION Mr. Leidstrand stressed the need for action to initiate the process, even if conditional, and waive the 90-day protest. He added that Palm Desert only adopted the initiating action. Mayor Englehardt echoed his comments, adding that it will allow the next phase to proceed, 1 which will be to work out the problems. She restated the reasons for the deadline on the $300,000 incentive per agency, and that the initiation resolution commits the funding. Mr. Leidstrand stated that they have been working with City staff for the past year, and the September deadline only came about in June or July. Councilmember Hodges stated that certain ballot measures were defeated in the June election, and Cathedral City is now looking for other funding;that she understood the concerns, but felt optimistic that the problems can be worked out; that she felt the project would benefit both cities; and urged that the Council find a way to make it work. Discussion followed as to a time certain within which an agreement with Cathedral City would be returned to the City Council, i.e., 30-45-60 days; after which, it was moved by Hodges, seconded by Kleindienst, and unanimously carried that Resolution 18483 (I-E), revised to delete Section 2, and to add language that a written agreement between the cities of Palm Springs and Cathedral City, which provides assurances to Palm Springs that the project will not go forward until all funding is secured, be returned to the City Council within 45 days. 2. RAILWAY STATION - ENGINEERING Consideration of action to approve agreement with A.S.L. Consulting Engineers for$50,500, for design of the Railway Station platform, CP92-40, A3434. City Manager reported that question was raised, and response provided that an architect was retained; and that if there are discrepancies between the two, the matter will come back to the ' Council. In answer to questions by Councilmember Kleindienst, Director of Public Works stated that (143- survey and inspection will be done by city crews, and he would have to verify who will be 006) doing the staking. Minute Order 5442Aas recommended, was presented; after which, it was moved by Hodges, seconded by Lyons, and unanimously carried, that MO5442zbe adopted. 3. SETTLEMENT AGREEMENT - RALPH'S GROCERY Recommendation: That the Council approve settlement amendment #1 regarding Ralph's Grocery litigation. A3367. Mayor stated he would abstain for reasons previously stated. In answer to question by Council, City Attorney confirmed that Councilmember Lyons sold his interests which created the prior conflict, and could participate in the decision, and that Councilmember Kleindienst who previously participated, would abstain. Director of Planning & Zoning briefly highlighted his report, noting that amendment to the (116- Settlement agreement embodies the action of the Council concerning PD131, and the uses on 012) the site. Minute Order 5443 as recommended, was presented; after which, it was moved by Hodges, seconded by Reller-Spurgin, and carried, Maryanov abstaining, and Kleindienst absent, that MO5443 be adopted. (Councilmember Kleindienst excused himself after noting he would abstain). ADJOURNMENT There being no further business;IGlaypr declared the in adjourned. t 1 JUDITH SUMICH -� City Clerk