HomeMy WebLinkAbout12/9/1986 - MINUTES CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
DECEMBER 9, 1986
An Adjourned Regular Meeting of the City Council of the City of
Palm Springs, California, was called to order by Mayor pro tem
Smith, in the Council Chamber, 3200 Tahquitz-McCallum Way, on
Tuesday, December 9, 1986, at 3 p.m.
ROLL CALL: Present: Councilmembers Apfelbaum, Birer, Foster,
and Smith
Absent: Mayor Bogert
LEGISLATIVE ACTION:
1. CONCORDE LANDINGS AT AIRPORT
City Manager reported that there was a fair potential
for the Concorde to land in Palm Springs, and the Council
indicated that negotiation should continue, but no decision
made and the matter be brought back to the Council to
decide; and that since that time, purportedly because
of the insurance requirement, the firm will back out of
the negotiations and not proceed.
Director of Transportation & Energy stated that the original
approach to the City was focused on a) would the City
be absolutely opposed to the landing, b) would the City
be willing to explore the idea; and c) how long is the
runway; and that the response was that the City was not
against the idea, that it would need to be explored because (51)
the City has a sensitive noise study in progress, and
the length of the runway was given. He detailed the series
of events and telephone calls which transpired between
Mr. Siralle, Air France, Randy Parihar, Carriage Travel ,
and himself, i .e. , discussions with Mr. Siralle concerning
number of flights, length of runway, dates to avoid conflict
with the Hope Classic passenger load , at the Airport, and
fees, including a $5,000 per flight for noise abatement;
that Siralle indicated conditions were acceptable, except
for the abatement fee, however, later the travel agent
agreed and believed a $50 surcharge could be added to
each ticket to cover the abatement fee; that Vancouver
and other cities were contacted concerning their experience
and suggestions regarding the Flights, and the response
was that the flights are noisy, a major event for airport,
great for PR, and that everything should be in writing.
He stated that he drafted a resolution, which was read
to both Mr. Siralle and Mr. Parihar, that would limit
the number of flights to two per day, require power cutback
on departure, require $5 million liability insurance
(standard for other airlines) , standard landing fees ,
abatement fees, extra security costs for screening pas-
sengers at a remote site and moving them to and from where
the airline is parked, limiting arrival and departure
to daylight hours; allowing the City to sell tours, T-shirts
or other promotional activity while the aircraft was on
the ground; and that prior to arrival , acknowledgment
' of the requirements, a certified check for the fees, and
an insurance certificate would be required.
Council minutes
3 12-9-86, Page 2
1. CONCORDE LANDING (Continued)
He reported that Mr. Siralle was concerned about the
insurance and putting the money up-front, and he informed
him that the insurance is standard for all major airlines,
who also are required to post large deposits before
commencing service; and that Mr. Siralle thought he could
work out something with the travel agent, however, he
called one hour later and stated that because of the
insurance, which surprised him, they would not be able
to fly into Palm Springs, and concluded the conversation.
Mayor pro tem inquired if anyone wished to be heard.
Keith McCormick, resident, stated that he spoke with the
travel agent within the preceding fifteen minutes, and
was asked to represent that they would like to have an
invitation to bring the Concorde to Palm Springs at a
later date when these problems can be ironed out; that
the aircraft can depart with one-half fuel tank, and the
runway length is no problem.
Frank Bernard, stated that he was asked to represent the
travel agent, stated that Mr. Parihar was led to believe
that the Council was in favor of the landing, and the
impression was taken as approval and the announcement
was made, which may have been premature; that the landing
was enthusiastically endorsed by Vancouver, and it will
be returning to that City; that there was not one complaint (51)
concerning it; that the City should be begging them to
come to Palm Springs; and that the problem of insurance
can be resolved.
City Manager stated that representations made are not
consistent with those made by Air France and the travel
agent to the Director of Transportation & Energy; that
it is clear the insurance is not negotiable, but other
matters in the package are; that one communication was
received from the Fairways Homeowners Association against
the flights; that there were not a lot of people at this
meeting, suggesting that many do not feel strongly one
way or the other; that the promotional flights would be
endorsed, as long as the basic issues can be mitigated;
that Palm Springs is a community sensitive to noise, and
there must be a means to allow the flight and still show
a commitment to those who would be the most affected,
which the fee would eventually provide the mitigation
that cannot be provided today.
In answer to question by Council , City Attorney stated
that the City' s control is in allowing access to the gates,
not in controlling aircraft movements at the airport;
and cited a case involving noise and the Kennedy Airport.
Director of Transportation & Energy stated that San
Francisco did not allow the landing because of its noise
program, which was not challenged; and that Palm Springs '
is working toward such a program, although it is not yet
in-place.
Councilman Birer stated that the charges are not
out-of-line, and if there is interest in coming to Palm
Springs, the guidelines are evident, and not impossible
to meet; that in the midst of the noise study, and to
solve the problems of the people who live and work near
the airport, the abatement mitigation will go a long way
toward solving these problems over the next ten years,
and would be a benefit to the community.
Council Minutes
12-9-86, Page 3 ;xy>
1. CONCORDE LANDING (Continued)
Consensus of the Council was to endorse the having the
Concorde come to Palm Springs, under the circumstances (51)
noted by the Director of Transportation & Energy, and
to allow staff to reopen negotiations under those
circumstances.
2. WILD ANIMALS
City Attorney reported receipt of two telephone calls
concerning a cougar, one from Mrs. Scherotter, expressing
great fear and anxiety, and the other from Mrs. Thompson,
expressing affection and compliance with all laws concerning
the owning of a cougar, and property rights in a valuable
animal . He stated that basic control rests with the Depart-
ment of Fish & Game, and if it became a problem the City
would have some contact through it; that upon permission
from Mrs. Thompson, Animal Control Inspector inspected
the property, made contact with the Fish & Game Department, (103)
examined the form of licensure from the Federal Government,
and concluded that it was not a matter for governmental
intervention, rather one to be handled through private
action. He stated that he gathered sample ordinances,
which range in scope, and contacted the Animal Control
Officer for specifics of local problems, and discovered
that with the exception of several incidents concerning
monkeys, and one incident relative to a lioness, all of
which happened before 1978, most recent complaints deal
with snakes, or reptiles. He reviewed his report, dated
December 3, a copy of which is on file with the City Clerk,
and stated that there might be some value in establishing
a permit of some type, but believed the current issue
is a private matter to be resolved by the parties involved.
In answer to question by Council , City Attorney stated
that a simple permit procedure, which would be in the
nature of a registration or identification indicating
where the animal is located and the fact that it is caged,
and serve to give notice to emergency services, would
not preclude resolution between the private parties; and
if it were found that a safe condition did not exist,
remedies are spelled out in the California Administrative
Code.
Mayor pro tem inquired if anyone wished to be heard.
Gary Scherotter, 320 Camino Sur, stated that his motivation
is only to assure his safety and that of his family, and
the fear of a wild, potentially dangerous animal next
door, should that animal through human error, or act of
nature find its way out of the cage and into his backyard
and react in a violent way to injure someone; that the
strongest argument rests with the fact that the animal
is caged, and only potentially dangerous animals are
' maintained in that fashion, otherwise a cage would not
be required. He presented a petition containing
approximately 200 signatures from people who feel the
same way, although some may have double motives in terms
of conservationists or naturalists; that he does not believe
the permit procedure is proper, rather maintenance of
such an animal should either be a criminal matter or a
public nuisance, to be abated through action of the
enforcement officer of the City. He also stated that
he believed the City Attorney could draft effective
legislation.
Council Minutes
12-9-86 Page 4
2. WILD ANIMALS (Continued)
Steve Syndonie, 73941 Highway 111, Palm Desert, representing
Mr. & Mrs. Thompson, stated that there has not been much
evidence to support evoking police powers,, and that some
fears are reasonable, and others not reasonable; that
Fish & Game have rules as to how such an animal may be
kept, and the Thompson' s have complied fully; that the
cage meets requirements, the animal has been inspected,
and that the cage has an electronic surveillance system
as does the entire yard. He displayed photos of the cougar
(currently 7 months old) , and stated that it has been
in captivity the entire seven months, as well as its
previous generations for twenty seven .Bears; that the
animal is domesticated, and there is no incident to warrant
action; that six people who signed the petition later
made contact and said the reason for the petition had
been misrepresented to them; that at best it is a private
nuisance, and an ordinance banning the animal would be
a violation of the constitutional rights of the Thompsons ;
that there is only one such feline here, and such action
would be a direct taking from the Thompson ' s.
In answer to question by Council , City Attorney stated
that if an ordinance were directed very narrowly to reach (103)
just this animal or its species, there are conceivable
problems of enforcement in the area of passing a law after
the fact to reach an event or other condition that already
existed.
In response to question by Council , Animal Control Officer
Nickerson stated that he was not familiar with the habits '
of this kind of animal , but zoos and wildlife sanctuaries
frequently take wild animals which owners can no longer
keep; that animals bred in captivity for generations adapt
to cage setting, and leaving the door open sometimes causes
the animal to be bewildered, however, he had no information
in this case.
Councilwoman Apfelbaum stated that although she lives
in the same area, she does not have a conflict of interest;
that she believes this to be a private matter, and not
one calling for government involvement; and that there
are ways to resolve it.
Councilman Birer agreed, and stated that he was concerned
that emergency personnel might respond to the location
and not be aware there could be a potential problem; and
he would favor a permit approach for identification, similar
to other animal licensing.
Councilman Smith stated that he could) appreciate any
neighbors fear if wild animals were caged next door, and
favored prohibiting possession of specific species or
all wild animals under police power.
Discussion continued concerning definition of "exotic"
or "wild" animals - construed as any which are not usually
domesticated, including reptiles, snakes, and tarantulas.
ICouncil Minutes
12-9-86, Page 5
2. WILD ANIMALS (Continued)
It was moved by Birer, seconded by Apfelbaum, and carried
by the following vote, that the City Attorney draft ( 103)
legislation to require a permit procedure for purpose
of identification and location of the animal , and allow
for annual inspection for confirmation:
AYES: Apfelbaum, Birer, and Foster
NO: Smith
ABSENT: Bogert
City Attorney stated that he would consult the Animal
Control Officer to determine which species would be most
amenable to permit procedure.
3. RENT GUIDELINES
City Manager stated that due to the anticipated public
interest, a larger location than the Council Chamber is
needed for the proposed amendment recommended by the
Commission, and the Palm Springs High School Auditorium
is available on December 15.
Consensus of Council : No problem with location or date. (85)
ADJOURNMENT
There being no further business, Mayor pro tem declared
the meeting adjourned.
�JJUDITH SUMICH
City Clerk