HomeMy WebLinkAbout1997 - MINUTES - 11/25/1997 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
NOVEMBER 25, 1997
A Special Meeting of the City Council of the City of Palm Springs, California, was called
to order by Mayor Kleindienst, in the Council Chamber, 3200 Talrquitz Canyon Way, on
Tuesday, November 25 1997, at 5:30 p.in
' ROLL CALL: Present: Councilmembers Barnes, Hodges, Oden, Spurgin, and
Mayor Kleindienst
Absent:None
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was
distributed and posted in accordance with Government Code provisions concerning a
special meeting on November 21, 1997.
PUBLIC COMMENTS: None
LEGISLATIVE ACTION:
1. BRIEFING ON ITEMS TO BE DISCUSSED IN JOINT SESSION WITH THE
TRIBAL COUNCIL
a) Amendment to Land Use Agreement between the Tribal Council and the City
Council.
Director of Planning & Building highlighted his memorandum of October 1,
' 1997, noting various issues which should be addressed, including coordination
of development plans, final plan review, overall community impacts, capital (103-
facilities fees - calculation & collection - TUMF, school impact mitigation, and 031)
drainage fees. He displayed map showing the specific parcels to be removed
immediately; and the reservation lands in general.
City Attorney stated that there is divided case law concerning status of property
removed from the reservation ownership, and then repurchased, or purchased
outside of the reservation.
Discussion followed concerning TUMF (Transportation Uniform Mitigation
Fee), which is implemented by CVAG, but collected as a pass-through by the
City, and whether the City would be liable for the fee for projects where it did
not issue permits; that, similarly, the City collects the drainage fees which are
passed-through to the. Flood Control District; that the City does not usually issue
a permit unless the permit fees are paid. Council consensus that all opinion is
required of the City Attorney as to the City financial responsibility in this
regard.
b) Tribal Casino parking lot fees due to the City
Amount unpaid is $14,000 for drainage fees associated with permit issued, (144-
under assumption that when the "fast-tracking" of the project was completed, 001)
the fee would be paid.
c) Tahquitz Canyon Restoration Project
Director of Planning & Building provided a brief historic overview,
commencing in 1986, and provided copies of A2562, 2435, and excerpt from (109-
011)
the Tahquitz Creek Park (26 Acre Interpretive Center) report prepared by
T.K.D. Associates, Inc., in 1990, which dealt with a grant for open space and
Council Minutes
11-25-97, Page 2
proceeding with the Tahquitz Creek Debris Basin. He displayed a map showing
the site for the interpretive center, the museum, and possible sheet access, and
stated that a determination needs to be made as to the legality of the agreement,
since it expired after five years.
Council concerns expressed as to the validity of sovereign status of land ,
acquired by the Tribe outside of the reservation and after the fart; and if
ultimately it has such authority, what its considerations for sovereignty over
those lands might be.
2. RENT REVIEW COMMISSION- COMMISSIONERS PRO TEMPORE
Appointment of Nancy Blee and Jody Allen to serve as commissioners pro tempore
regarding Commission Petition 97-11-14PTN-44 (El Dorado Mobilehome park)
pursuant to M.C. 4.04.030.
City Attorney explained authority lire Council has to make such an appointment, and
noted that there are currently two vacancies on the Commission, and a 3/5 affirmative (060-
vote is required in this matter, meaning that all three of the members would have to 016)
agree; and it was felt that a full commission would forestall any possible impasse in
settling this case which has been going on for ten years, and which is at a critical point;
and there will be a lot of pressure on the three members.
Councilmember Hodges stated she was opposed to the proposal, and did not consider it
to be in the best interest of anyone; that there are three commissioners, and they are
capable of hearing it and handling it without any additional help.
Councilmember Oden stated that a similar situation occurred on the Human Rights ,
Commission, which left negative feelings; that he was aware the Council has not made
its appointments, but he was not comfortable with making these temporary appointments
to address this issue.
Councilmember Spurgin (via Mr. Oden) noted her professional,experience indicates that
one member of the cotm-nission may not be able to fully perform the duties of One
commission, and she suggested that Edward Joseph, who was a former Rent Review
Commissioner, be appointed.
Discussion resulted in motion by Klehndienst, seconded by Barnes, and carried by the
following vote, that Nancy Blee and Edward Joseph be appointed as commissioners pro
tempore, and that in the event either declines the offer, that Jody Allen be so appointed:
AYES: Barnes, Oden, Spurgin&Kheindienst
NO: Hodges
ABSENT: None
ADJOURNMENT
There being no further business at 6 p.m., the Mayor declared the meeting adjourned to joint '
session with the Tribal Council, and thereafter further adjourned to Tuesday, December 2,
1997, at 12 noon to swear-in newly elected Councilmembers in the Council Chamber.
JUDITH SUMICH"
City Clerk