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HomeMy WebLinkAbout1996 - MINUTES - 10/30/1996021 CITY OF PALM SPRINGS CITY COUNCIL MINUTES October 30, 1996 An Adjourned Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, October 30, 1996, 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 Barrios, Hodges, Oden, Spurgin and Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag, and a moment of silence. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on October 25, 1996. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 3 of agenda this date. JOINT HEARING WITH TRIBAL COUNCIL: SIGN APPEAL - MARTIN COMMUNICATIONS Note: Tribal Council Members: Barbara Lyons -Gonzales, Virginia Siva, Candace Pate and Vice -Chairman Marcus Pete. Conduct joint public hearing to receive testimony concerning an appeal filed to the Tribal Council by Ernest Noia, attorney for appellant, Martin Communications, from City Council denial of a sign application for outdoor advertising display, and subsequent refusal to issue building permits, for three sites on Gene Autry Trail. ' Director of Planning & Building reviewed the staff report and the appeal process and added that the Zoning Ordinance does prohibit billboards; that there are three proposed (131- locations for the billboards located on Vista Chino; that each billboard will be 380 square 001) feet per side; that the Tribal Council did adopt amendments to allow the placement of billboards within the City on Gene Autry Trail, Vista Chino, and on the Mid -Valley Parkway; that under the Tribal Ordinance, billboards are considered an interim and/or temporary use; that the billboards may be maintained until the allotted trust property is developed; that the property in question is located within the Whitewater River flood plain and is zoned Watercourse (W); and that contact was trade with Riverside County staff and no record was located to indicate that permits were approved or applied for. Art Bunce, Tribal Counsel, stated that prior to 1977, the City had no formal relationship with the Agua Caliente Tribe of Cahuilla Indians regarding land use; that at the time an agreement was entered into for zoning regulations that was unlike any other in the Country, and he reviewed the past history of the establishment of the Tribal/City zoning agreement; and added that this appeal is only the 16th in 19 years. Tom Davis, Tribal Planning Consultant, stated that a report was submitted to the City Planning Department regarding the issue; that the billboards were application 26, 27 and 28 with Riverside County; and that since the City has annexed the land into the City, it has become an issue with the City. Mayor Kleindienst questioned whether the application with the Board of Supervisors of ' Riverside County was granted. Mr. Davis stated that there were no building permits pulled for the billboards; and that the Tribal Council did approve the placement of the billboards on Indian Land. Mayor declared the hearing open. 0212 Council Agenda 10-30-96, Page 2 SIGN APPEAL (cont'd) Ernest Noia, representing applicant, stated that Mary Jean Dial, Indian Allottee, her husband, and attorney were in attendance; and added that this is presently a piece of land that is non -productive; that the Tribe does recognize that much of the land is underdeveloped; that the land is now annexed into the City; that the County did not have a problem with the applications for billboards; that the applicant is not asking billboards to be placed in the down towu corridor, but out-of-town; that there is not another source of income available on the land at this time; that approval will bring money to members of the Tribe; that there are slot of costs that have been incurred; that the Indian Ordinance (131- for billboards is very restrictive; that if the conditions that have: been levied are not met 001) the billboards will be removed; and that this decision will set the: precedent for any future actions. Don Frank, Palm Springs, stated that the issue racing Palm Springs is one of signage; that the request is against the City's Zoning Ordinance; that there are two separate laws being considered, one that involves the City of Palm Springs and the other the Agua Caliente's; and requested the City Council read the United States Constitution. Fred Ebeling, Palm Springs, expressed support of Indian sovereignty; and added that the City should not be used as a site for billboards; that Palm Springs has always been first rate in signage, and that this would lessen the City's image. Darrell Meeks, stated that the Council needs to make the decision that is best for the City; that the Tribe will take whatever action it deems necessary; bunt that the Council should abide by the City's Ordinances that are in place. There being no further appearances, the hearing was closed. Mayor Kleindienst stated that the City Council will await the decision rendered by the Tribal Council. Tribal Vice -Chairman expressed appreciation for the joint meeting with the City Council; and added that a decision will be rendered within 30 days. Adjourn Joint meeting; City Council remain in session. PUBLIC COMMENTS: a) Comments on item 1: Councilmember Oden stated that both Councils have endeavored 'to build a relationship together; that there are recognizable matters that are of a sovereign (131•- issue; that the City Council respects those issues; that the Tribal Council has 001) expressed concerti regarding issues in the Community, and further has taken action to alleviate those concerns; and that the relationship that has evolved is one that will work toward the interests of the Community,. b) Comments on item 2: Don Frank, stated that regarding the matter of vacation. of Andreas Road the road (145- is well used and should not be vacated; that the road closure will aid and abet an 001) illegal activity. c) Comments on matters not on the agenda: Richard Milanovich, 110 N. Indian Canyon Drive, stated that over the past few months discussions have taken place between both Councils; that both Councils have expressed integrity and concern for the Community; that there were some issues that were not agreed upon; that in any negotiations there will be some disagreement; and added that as representatives of the; City, the members of the Council should be applauded. 0213 Council Agenda 10-30-96, Page 3 PUBLIC COMMENTS (Cont'd) Sue Cote, commented that previous statements regarding the City's Disability Coordinator needed to be said; that the remarks should not have been taken personally, that as a City representative it is the job of the coordinator to hear complaints regarding disability access; that the Disability Coordinator did recently ' participate in a bus ride, but that the action is a little too late to understand the problem that has been expressed for the past five years. Fred Ebeling, commented on lack of attendance at Council meetings; that the local government needs more involvement by the taxpayer; that the Disability Coordinator is not responsive. Darrell Meeks, commented on moniesowed to the City by the Palm Springs SUNS; that a payment plan was approved by the Parks and Recreation Commission; that only one Commissioner voted against the matter; that the City Council has the right to make the SUNS pay the debt; that some type of accounting measure should have been set in place; that a recent news article indicated that a City audit was performed regarding PSTV indicating that property is missing and that there are questionable fund expenditures regarding public access television; that if all funds were collected that are owed to the City, the result would be more money to spend on projects; that most of the public is aware of the financial problems of the SUNS and PSTV; and that the result of not implementing some type of accounting system is that, in another six months, there will be others still owing the City money. LEGISLATIVE ACTION: 2. STREET VACATION - ANDREAS ROAD ' Consideration of Resolution of Intention to vacate portion of r/w dedicated for Andreas Road, between Indian Canyon and Calle Encilia, and setting hearing for December 4, 1996. City Manager stated that the City Attorney has some revisions to the DDA and will address the Council. City Attorney stated that as a part of the DDA, certain streets may need to be vacated; - that there are phases set out in the DDA; that as with any street vacation, the Planning 1045 45 Commission must find that the street is no longer needed for circulation; that the purpose of this item is to set the hearing for the street vacation; that at that time the determination will be made by the Council; that there are certain actions that must be taken by the Tribe such as submission of detailed plans of the Casino facility; that at the time the approval was given for the DDA, the Council addressed concerns about the plans, but they were evolving at that time; that the matter was approved with the concept that the plans would be refined and submitted to the Council within 30 days; that in actuality the plans have been withdrawn; and there are no plans currently on file to approve; that it is understandable that the Tribe is working to perfect the facility; that it is likewise understandable that the Tribe would wish to submit correct plans; but that there remains the issue that the plans have not been approved by the Council; that there has been some additional phasing that includes the expansion; that as work is continuing on the Phase II plans, Phase I should be accommodated to flow into the next phasing; that expansion is not ,provided for in the DDA; that another amendment needs to be set into place; that it ' is possible an EIR may be needed; that the full plan does need to be together so that the Council can act in an appropriate manner; that the time frame for the amendment approval is in early December; that the drafting of the amendment cannot be completed without the project description; and that the Planning staff has a meeting set. with Tribal staff to discuss the issues. Councilmember Hodges stated abstention due to client interest. Mayor Kleindienst questioned if the vacation of the street is affected by any pending State legislature. 0214 Council Agenda 10-30-96, Page 4 2. STREET VACATION - ANDREAS ROAD (Cont'd) City Attorney stated that the; vacation is provided for in the existing agreement; that the agreement will allow the City to move forward in that direction; that there is a lawsuit filed by the Attorney General that does try to prevent any further action, but that there has been no legislation or judicial order that prevents the City from moving forward. Mayor Kleindienst stated that on August 7, the Council approved an mnendment to the DDA; that subsequently the plans were withdrawn; and he questioned that if the hearing is set for December whether there will be time for the Council to fully review the plans. City Attorney stated that the level of detail is questionable; that at this time a description of square footage is needed; and that it may be difficult to get ffidly-detailed plans within one mouth. Tom Davis, Tribal Planner, stated that the plans submitted by the City were not withdrawn; that it was announced that changes were forthcoming; that there were details that needed to be. addressed; that size, space and access remains the same; that some changes have been made to the facade and total square' footage; that under the DDA a cost assessment was done; that the assessment was high; that modifications had to be made; (145- that it is anticipated that the architect will return the plans within the week; that. the plans 001) will be submitted promptly to the City; and that the schedule of performance within the DDA will be met. Mayor Kleindienst questioned what the timeline of the Casino would be after the vacation of Andreas. Tom Davis, Tribal Planner, stated that the Tribe is not seeking to change the schedule of performance; and that all timelines are specified in the agreement. Councilmember Odell questioned if the street vacation is addressed under the current EIR. City Attorney stated that under the agreement, the EIR adequately addresses the environmental issues; and clarified that his understanding was that the Tribe did withdraw the previously submitted plans due to the changes being made; and that the sta':ff was told that revised plans would be submitted for Council approval. Chairman Milanovich stated that the footprint of the plans is the same; that the facade of the building is changing; that the plans previously submitted by the architect to the Tribe were not acceptable; that everything else is the same; that the space is still 94,000 square feet; that it is requested that the Council approve the vacation so that building; can start; that there will be a benefit to the City; that the Casino will employ 450 people; that the State negotiations are still ongoing; and that the future is ready to be acted on. Councilmember Barnes stated at the last meeting„ plans were reviewed and questioned if anything had been changed on those reviewed. Chairman Milanovich stated in order to prevent any misconceptions of the updates the items being addressed are that angles have been rounded off; and added that the location of the casino has not changed; that the entrance is still located off Indian Avenue; and that the footprint remains the same. City Manager stater] that the proposal action considers adoption of a Resolution of Intention to set a hearing regarding the vacation of Andreas Road. Resolution 18922 of Intention as recommended was presented, after which; it was moved by Spurgin, seconded by Barnes, and unanimously carried, Hodges abstaining, that R18922 be adopted. 1 1 Council Agenda 10-30-96, Page 5 3. SECTION 20 - BIA LEASED PARCEL Consideration of Council approval of SA7 (Special Amendment No. 7) to Bureau of (056- Indian Affairs Palm Springs Lease #215 (PSL215), to make the City encumbrancer under 009 ) the lease, allowing collection of sublease rentals and application of funds to Assessment ' District 155 debt payment. (Materials, if any, to be provided at meeting). City Manager withdrew this matter. ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests a) Councilmember Spurgin stated that there has been public comment regarding annexation of Pare Andreas and Bella Monte; and stater; that the resident's representative has not submitted the necessary information for the City to proceed; and added that the matter concerning the SUNS will be addressed by the City Manager; and requested that an upcoming workshop be scheduled to review the 5-year plan. b) Councilmember Hodges stated that at a recent CVAG Executive meeting, it was announced that funds were secured for the Mid -Valley Parkway expansion regarding the Airport; and she requested that any future workshops be televised. c) Councilmember Barnes stated that recently the Chamber. of Commerce hosted a ' career day for the area and chat many members of the City staff participated, and he expressed appreciation for the involvement. d) Mayor Kleindienst stated that presentations regarding fiber optics have been ongoing, and he requested that this matter be scheduled for study session. PUBLIC reports or requests - None STAFF reports or requests a) City Manager stated that staff will work with Council to set priorities for televising on public access television (PSCT); and requested Council consideration of cancellation of study session on November 27 due to the holiday, consensus of Council that the meeting be held November 26, 1996 at 7 p.m., Large Conference Room. ADJOURNMENT There being no further business, at 8:30 p.m., Mayor declared the meeting adjourned. JUDITH SUMICH lerk PATRICIA A. SANDERS Assistant City Clerk