Loading...
HomeMy WebLinkAbout1995 - MINUTES - 4/26/1995 t i CITY OF PALM SPRINGS CITY COUNCIL MINUTES April 26, 1995 An Adjourned Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Maryanov, in the Large Conference Room, 3200 Tahquitz Canyon Way, on Wednesday, April 26, 1995, 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: Council members Hodges, Kleindienst, Lyons and Mayor Maryanov Absent: Councilmember Reller-Spurgin ' The meeting was opened with the Salute to the Flag, and a moment of silence. REPORT OF POSTING OF AGE14DA: City Clerk reported that the agenda was posted in accordance with Council procedures on April 21, 1995. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 3 of agenda this date. PUBLIC COMMENTS: n) Darrell Meeks, Palm Springs, stated that recently he had the experience of using the 911 system; that the dispatcher was to be commended; that from the experience his family did learn]tow to use tlue 91 J emergency system; and added that regarding the study session item concerning the Trini Lopez Tournament, he felt the City should fast track the matter; that Mr. Aguilar should be given support regarding the tournament; (hat this will be a major tournament for Palm Springs; and urged Council support of the tournament. b) Fred Ebeling, Palm Springs, related a recent experience regarding a sting operation in which his vehicle was borrowed by the parties involved; and added that the primary responsibility of the Council is to provide for the safety of the citizens; that resources need to be available to provide for the safety of the citizens; and requested Council support for the Trini Lopez Tournament. c) John Hollinger, 1089 Olive Way, urged Council consideration of curbing water runoff ' in the Tahquitz wash; that the Council should consider having dais built through the Tahquitz Canyon to help prevent the flow of water coursing through the Golf Course; that the clams would allow the water to percolate into the ground; and added that the clams will save the City money and time in flood damage repairs. 1. SANTA ROSA MT. NATIONAL SCENIC AREAS On April 12, 1995, the Council considered recommendation that the Council support urging the Congress to appropriate $1.8 million in 96-97 for the Bureau of Land Management to acquire lands within the Santa Rosa Mt. National Scenic Area, and continued action to this dale. Mayor called for public comment related to this matter. Dr. Lovekin, Palm Springs, expressed appreciation of past support from the Council regarding the Palm Hills area; that Palm Hills is the future of Palm Springs; that Dunn Road is necessary ( 123- to reach the properties in the Palm Hills area and read letter dated April 26, 1995, as on file in 006 Office of the City Clerk. Director of Planning&Building reviewed various maps and added that BLM guidelines do require reasonable access roads throughout the land it owns; that the word "reasonable" can mean anything from a dirt path to a paved road; that the City does recognize the Bureau of Land Management, the Coachella Valley Mountains Conservancy and other groups to preserve the Santa Rosa Mountains in their natural state. ' Council member Hodges questioned whether the Conservancy is a JPA; and further questioned the City's role and obligations. City Attorney stated that the Conservancy exists because of State Law, and is governed differently than a JPA; and that the City does have one voting position on the Conservancy. Buford Crites, Mayor of Palm Desert, reviewed the history of voting regarding the Santa Rosa ]Mountains; and reviewed the composition of the membership of the Conservancy; and added that Council Minutes ;�n ,-7 -Y 4-26-95, Page 2 1. SANTA ROSA MT. (Cont'd) each member has one vote; that the BLM has the ability to acquire land; that all other members, have approved of the acquisition; that Palm Springs did approve the acquisition previously; that the vote was unanimous at that time; that it was agreed to purchase five sections of land in the Santa Rosa Mountains; that the land is for open space and to allow a quality of life for everyone; that there is a willing seller for the land; that the BLM, by law, does have to give reasonable access; that the access can vary from very low to high; that if someone is not happy with the ' access, there are appeal measures that one can utilize; that the BLM will need the specific plan of when the infrastructure will be in place; that the access now in the area is not finished; that there are many agencies that have to consulted regarding access; that the resolution does request that the Bureau of Land Management and Coachella Mountain Conservancy submit all acquisitions requests within the City of Palm Springs to the City Council for review and approval; and that all acquisitions must be consistent with the Palm Springs General Plan . Councilmember Hodges questioned what were the options if the funds were not allocated; and would be City be obligated to provide the funding. Mr. Crites slated that the City would not be obligated to fund the acquisition; that the State of California, and various other entities would provide funding; that the Conservancy itself would have to examine the options available for funding; that within a national scenic area the prime issue is to maintain wildlife; that the road will need to be opened to some degree to allow access for hiking, mountain biking, etc.; that the City of Palm Springs should submit a proposal for the specifics of the road; that whether the properly is purchased or not, the road will continue to be an issue; the matter of completion of the Dunn Road has not been addressed by the Conservancy; and visually outlined the properties in question. Councilmember Kleindienst questioned if it is possible to complete the road through to Highway 74; and which properties were going to be sold to the BLM. Mayor questioned if the proposed Duum Road would be allowed to run though the LM properties. ' Mr. Crites stated that the Conservancy could ask the BLM to specifically respond to this issue regarding the Dunn Road; that after this set of purchases are complete, the entire question of access could be addressed; and requested Council endorse what they have already agreed to support. Councilmember Kleindienst questioned if any other property owners are supporting the acquisition other than the Hendersons. Mr. Crites stated that the land was appraised for market value; that the purchase price is market value; that the seller is willing and the buyer is willing; and that if the seller did not agree with the purchase price, the land would not be sold. Councilmember Lyons stated that after study, it is not clear how this would impact local control; that part of the concern is when a federal agency acquires land, the local government loses its control on the property; and added that in his opinion, the action the Council takes will not make a difference, and that once the property is purchased by the government, the issue of control will start and those impacts will be felt. Kathy?, stated that one role of the conservancy is to be a liaison between the cities and the BLM; and that the establishment of the scenic area was a local interest, and a concern to maintain it in open space. Planning Director stated that there are two sides to every story; that the owner has one side and the scenic preservation another; that the question of local control has not been addressed; that when the steering conunittee met regarding this issue, it is clear that the committee is conservation driven, not pro development; that with control given to the BLM, it will be difficult to do planning; that the appeal process is long and difficult; that the BLM is difficult to work with; that staff changes frequently; that it does take a lot of money to fund a road; that it does not seem like the property owners will pay for the road; and that the City has always advocated the right to develop Palm Hills. Council Minutes 4-26-95, Page 3 1. SANTA ROSA MT. (Cont'd) Mr. Crites, stated that if the Federal government owns the property the City does not have to zone it; that as far as :access goes, there are seven sections of land to utilize; that the issues are still the same; that there is not just the BLM involved, but the County and other agencies; that eventually someone will have to move forward to address the road issue; that the two sections in question do not make a difference for a road, but that for open space, the impact will be felt by the entire valley; that there is solid support for the acquisition; and that this is not a development versus ' environmental issue. Mr. Eichenhofer, representative for the Henderson Family Trust, stated that his clients property is already surrounded by the BLM; that there is no reason, as a private property owner the property can not be sold; that the heirs would appreciate if the City would not stand in the way; that the properties in the area have not been developed for the past 40 years, and may never be; and requested Council approval of the matter to allow the dust to be settled. Joan Taylor, 1800 S. Sunrise, urged support of the acquisition; and added that there is a willing buyer and seller. Scott Dolt, 480 Via Escuela, stated that the matter should be given support; that ultimately recreation and the ecology will 'benefit. Tim Schlecht, 801 Tahquitz, representing Palm Hills Land Corporation, stated that the right of the Henderson to sell is always there; but what is being asked of the! Council is to support a tax purchase of lands that will be handled by the BLM; that one option 15or the extension of the Dunn Road is an assessment district; that property owners pay for the road as it is built, and the property is developed; that the Federal Government cannot be held liable for the district; slid urged Council opposition to the proposed matter of taking property away from City control. Dick Smith, Smith, Peroni and Fox, representing Palm Hills Development, stated that previously the City has endorsed the idea of limited development in the Palm Hills area; and that the question is whether the Council considers the area to be the future of Palm Springs. Donna?, 38799 Malabo, urged support of the proposed resolution supporting the acquisition. , There being no further comments, Mayor declared the comments closed. Counciimember Hodges questioned if the Council had to male a recommendation; and added that she concurred with Councihnember Lyons; that personally, she does not want to see the glow of lights in the mountains down here in the valley; that there is a lot of land that can be developed in the Palm Hills area; that in looking at the map there is already a problem with putting the road through; and that if the federal government does not grant the money, the conservancy will probably go elsewhere to obtain the fluids needed. Mayor stated that the Council does not have to take action; and addled that the land, is currently being taxed; that when the BLM purchases the property it will removed those finds from the tax rolls; that lie personally believes in open space and conservation and in the rights of a property owner; and that the City did provide for the Palm Hills area to address those concerns by lowering the density. Planning Director stated that the projected density is rated at 12,000 units at this time. Mayor stated that the population density was lowered at the last General Plan adoption, in order to protect the environment; that it is clear that the parcels in question are surrounded by property owned by the BLM , but these are properties that can be developed; that if the government purchases the land, the City will lose the property tax; and questioned how the road would be completed, if the properties are sold. , Planning Director stated that the City would have to work with the BLM for access. Councilmember Lyons stated that the problem is that it does not snake a difference what (lie City says; that Mr. Crites has cited what action a previous Council has taken; that he did not make the decision; that obviously Palm Springs does not want a lot of development in Palm Hills; and that in his opinion, he is being asked to rubber stamp an action. Council Minutes 4-26-95, Page 4 1. SANTA ROSA MT. (Cont'd) Mayor stated that there are several options available to the Council, i.e., do nothing, approve the resolution to support the acquisition, oppose the acquisition, or modify the proposed resolution. Councilmember Hodges stated that the Council could approve sending a letter to Congressman Bono stating the concerns of the Council regarding future development, tax rolls, roads, and ' infrastructure; that the Council does not have to state whether it is for or against the acquisition; and added that when Congressman Bono was on the Council be did have an appreciation of the Palm Hills area. Councilmember Kleindienst stated that Palm Hills is appreciated as a scenic area for development; that there is no safe middle ground on the issue; that the Council should not jeopardize development in Palm Hills; and that it is somewhat offensive that(lie government would purchase land within the City of Palm Springs. City Manager recommended the matter be continued to May 3, 1995, to allow staff to prepare a resolution to address the concerns of the Council. Director of Planning & Building questioned if the resolution should include approval for acquisition outside the city limits. Mayor stated that acquisition outside the city limits would be supported. 2. AIRPORT RUNWAY SAFETY AREA IMPROVEMENTS, PHASE Il Recommendation: That the Council reject all bids and authorize an immediate re-bid of City Project 94-95, AIP3-06-0181-17& 18, Airport Safety Area Project. Director of Aviation stated that all bidders were contacted and that all will re-bid the project, with (051- an anticipation of coming before Council on the May 3, 1995 meeting, 010 Councilmember Kleindienst questioned whether Oianite Construction could be rebid, due to not meeting the disadvantaged business participation goals. Director of Aviation stated all can rebid. 3. MUNICIPAL UTILITY EXPERTISE Consideration of retaining Duncan & Allen Counselors at Law, concerning services related to municipalization electrical service for $12,000. City Manager stated a loan will be obtained from the Airport; that the airport is an active user of electric services; and that the study will determine if money can be saved. Councilmember Lyons stated that potential loan savings at the Sunrise Cogen will supply electrical (147- service to the Convention Center; that the study will deternine what type of electrical supplier the 004 City is; that it is possible that the City is a utility; and that the firm being hired is versed on the regulations on the federal level. In response to question by Council City Attorney stated that when bids were sought, an amount of$55-85,000 was estimated; that a request was made to the firm for a portion breakdown; that as the costs are broken down, if the Council chooses not to continue, an off ramp was given; the $12,000 will allow the firm to conduct a site inspection and provide an analysis to determine tine procedure and options for the City to proceed. Councilmember Lyons stated that be has received FAXs regarding electricity from the League; I hat SCE is lobbying to change the language of the proposal; that the language used by is misrepresentation and that it is shocking and offensive. ' Minute Order 5560 as recommended was presented, after which; it was moved by Lyons, seconded by Kleindienst, and unanimously carried, Railer-Spurgin absent, that M05560 be adopted. 00 0 7 4 Council Minutes 11-26-95, Page 5 4. STORM DAMAGE REPAIRS - CP95-03 Recommendation: That the Council ratify contracts with James Rue Construction Co., Inc., for flood damages at the 'raliquitz Creek Resort Course, CP95-03, Schedule A, for $243,375, and Schedule B for$194,000 for damages to the Old Course; and to W.L. Sheilerbarger, for Schedule (092- C for cart paths at the Resort Course, for $44,190, and for Schedule D for bridge repairs At the 01.3) Old Course, for $26,000. A3530, 3531, 3532, 3533. (O92 Director of Public Works reviewed the staff report and added that &re agreements are being O].2 ) coordinated between Engineering, 'Fire Department and PEMA; that there has been approximately $700,000 in work already clone; that the City will be responsible for approximately $36,000; that there is approximately$72,000 of landscaping work at the golf course that will need to come back to the Council after the bid process for award. In answer to various questions by Council, Direction of Public Works responded that the work being done is including preventive work for flooding; that changes in the grade and speed of the flow are impae iing the amount of destruction; that the new course does not have a solid root base; that Tettemer is addressing the problem; and that some of the problems are being mitigated with federal grants. Minute Orders 5561 through 5564 as recommended we.,e presented, after which; it was moved by Kieindienst,seconded by Lyons,mid unanimously carried, Reller-Spurgin absent, that MO5561 5564 be adopted. ADDITIONAL,LEGISLATIVE ITEMS: None ADDED STARTERS: None ADJOURNMENT There being no further business, Mayor declared the meeting adjourned. JUDITH SUMICH Ctt Clerk 7 � By: PATRICIA A. SANDERS Assistant City Clerk