HomeMy WebLinkAbout5/6/1987 - MINUTES i
CITY OF PALM SPRINGS ti 6 4
CITY COUNCIL MINUTES
MAY 6, 1987
A Regular Meeting of the City Council of the City of Palm Springs,
was called to order by Mayor pro tem Birer, in the Council Chamber,
3200 Tahquitz-McCallum Way, on Wednesday, May 6, 1987, at 7 :30 p.m.
ROLL CALL: Present: Councilmembers Apfelbaum, Birer, Foster,
and Smith
' Absent: Mayor Bogert
The meeting was opened with the Flag Salute and a Moment of Silence.
REPORT OF POSTING OF AGENDA: Report of City Clerk: Agenda posted
in accordance with Council policy on May 1, 1987.
COMMUNITY REDEVELOPMENT AGENCY: No business
APPROVAL OF MINUTES:
It was moved by Foster, seconded by Smith, and unanimously
carried, that the Minutes of April 7, 15 and 21, 1987
be approved.
PUBLIC HEARINGS:
1. AIRPORT NOISE STUDY
Recommendation: That the Council hold a public hearing
on the proposed Federal Aviation Regulation Part 150 Noise
Compatibility Program and that City adopt in concept the
Aviation and Land Use programs outlined in the study,
as amended by the Airport Commission and forward to FAA
for review and approval .
Director of Transportation & Energy reviewed the details
of his report, dated May 6, 1987, noting that the study
was voluntary, although funded by FAA as part of the Master
Plan Update, and consists of two parts - Noise Exposure (51)
Maps, and a Noise Compatibility Plan consisting of an
aviation noise abatement plan and a land use management
plan. He stated the Exposure Maps show existing
conditions, and what it will be in 1991 if nothing is
done, which have been submitted to the FAA For review;
that the second phase is what is now being considered,
and is governed by strict FAA regulations as to what the
study contains, and procedures for conducting it, including
utilizing a Study Planning Committee throughout the study.
He reviewed the make-up of the committee, and summarized
concerns of people expressed at the public session, and
the components of the Aviation Noise Abatement and Land
Use Management Plans. He stated that the Airport makes
noise, and will continue to make noise, but the effort
is to try to minimize that as much as possible; and that
a presentation would be made by Cathedral City.
' Pat Russell , Senior Planner representing Cathedral City,
submitted a prepared statement, a copy of which is on
file with the City Clerk, identifying five key topics
of concern to Cathedral City, and requested those be made
part of the final report, and to participate in future
studies.
Eric Ruby, The Planning Center, 240 Newport Center Drive,
Newport Beach, stated that he and another firm were selected
by Cathedral City to review the study, and expressed concern
that the 1986 abatement conditions would remain within
the 60 CNEL for 19 acres in Cathedral City, for 17 acres
within the 1991 CNEL, and 8 acres within the 2006 CNEL.
Council Minutes I
r)(155-6-87 Page 2
1. AIRPORT NOISE STUDY (Continued)
Stephen Allison, Kennedy/Jenks/Chilton Associates, 17310
Redhill Avenue, Irvine, read the "Cathedral City Summary
of Comments," attached to Mr. Russell ' s letter, which
is on file with the City Clerk, identifying issues they '
feel should be further evaluated and included in the
recommended plan. He stated that the study was conducted
in a sound, technical manner, and should be acceptable
to FAA, but they felt these issues should be included,
to make it more comprehensive and serve all neighborhoods
around the airport, regardless of the city.
Mr. Russell stated that the report calls for incentives
to encourage Stage 3 aircraft, but does not describe how
it will be enforced.
Joanne Shafer, 3555 Camino Rojas, stated that it was her
understanding that the City has a curfew, but it does
not have a real stopping point.
Frank Coffee, 2127 Brentwood, stated that he was in charge
of noise abatement programs at Kennedy Airport for 12
years, and believes that pilot education is crucial , as
well as a monitoring program; that he cautioned against
the use of power cutback, because the noise from echo
on takeoffs to the South will be more so than without
the cutback; and that the curfew is only a handshake
agreement, and only relates to departures. He also
suggested that the Airport Fire Station could serve as '
an effective monitor after the tower is closed.
Dee Dee Stone, 142 Eastlake, urged that the charm of the
Airport of yesteryear be restored - fewer flights, within
certain hours, and that the Airport not look like it is
open for big business.
There being no further appearances, the hearing was closed.
Director of Transportation & Energy stated that each item
expressed by Cathedral City was carefully considered during
the process; that the incentives mentioned were not
recommended nor approved by the Commission or the study
group, because of interference with interstate commerce;
that Runway 12 has been looked at many times by the FAA,
and if the turning point was moved one way or another,
it simply affected another part of the environs around
the Airport; that a noise wall for the SE end of the Airport
was not considered because ground noise level was not
identified as a problem; that the FAA will not approve
a local restriction on the number of aircraft; that the
noise monitoring system at John Wayne Airport was the
result of a settlement program, but Palm Springs is not
in a category that the FAA would consider allowing funding
for it; that there is an informal curfew of 10 p.m. until '
7 a.m. , and effort is made to negotiate with the airlines
to have scheduled flights inconsistent with that, however,
there are weather delays and flights are sometimes late;
and that pilot education is a good part of the program.
ICouncil Minutes
5-6-87 Page 3
1. AIRPORT NOISE STUDY (Continued)
In answer to question by Council , Director stated that
there was a problem last summer with a flight scheduled
to arrive at 9:30 p.m. and depart at 9: 50 p.m. , but because
of weather conditions in the mid-west, seldom arrived
on time, therefore, never left on time; that the flight
' was not rescheduled this year, and the plane stays
overnight; that American Airlines will continue using
the quieter jets here throughout the summer; that Alaska
Airlines has changed over one of its three flights to
the quieter jet; and Skywest will be buying three of the
quietest jets available. He stated that discussion with
the airlines produced the change in schedule for the late
flight; that the airlines are more concerned about being
able to fly in and out during hours of operation, and
not interested in a red-eye flight out of here, because
there is no market for it here; that there have been
problems in the past with smaller private jets; and that
pilots of corporate jets usually call ahead and make inquiry
as to scheduling, and generally make an effort to meet
the curfew.
Councilmember Smith stated that one way to determine if
the plan is working is to have a monitoring program, but
it is very costly; that the people living around the Airport
should be assured that the City is trying to abate the
noise; that a monitoring program would generate reports,
and if progress is not being made, then amendments should
be made.
Director stated that two levels of monitoring are possible
- a) a complete system, with physical plant to accomplish
the monitoring; which would cost $450,000, and which would
not be funded by FAA; or b) as recommended in the report,
the Commission would have annual meetings to have review
the progress, and conduct meter readings again after five
years. He stated that he thought computer simulations
could also be done annually; and that Cathedral City would
be represented on the committee. In answer to additional
questions, he stated that each of the concerns of Cathedral
City were looked at in the study, and have been answered,
except the monitoring system, and do not need to be included
in the report; and that language concerning the annual
monitoring could be added to the proposed resolution.
Councilmember Smith requested that a summary of complaints
or inquiries to the Airport be made and reported to the
Council on a regular basis.
Resolution 16182, authorizing forwarding proposed regulation
to FAA for review and approval , as recommended, was
presented; after which, it was moved by Apfelbaum, seconded
by Smith, and unanimously carried, Bogert absent, that
Resolution 16182 be adopted, subject to additional section
' to require monitoring and review on an annual basis, and
that the committee include representations from Cathedral
City.
Council Minutes 1
�. 5--6-87 Page 4
PUBLIC COMMENTS:
a) Jack Vogel , 2002 Bob-O-Link, read a prepared statement,
a copy of which is on file with the City Clerk,
representing the view of the Municipal Golf Course
Homeowners Association, a newly formed organization, (109)
concerning the operations of the Oasis Water Park
and their desire for it to "shut up, or shut down. " '
City Manager stated that the tolerance around the
noise issue has ended, and staff has extreme concern
regarding the owner' s assurance that it will not occur
in the future; and the City will make sure that there
is compliance with the approved noise standards and
the standards of the lease.
Director of Community Development stated that the
owner has been asked to change the public address
system from overhead to ground level , hopefully, within
the next fifteen days; that a decibel reading of the
noise level is used in order to have an objective
measurement; that an on-site inspection the previous
Saturday indicated the noise was louder away from
Gene Autry Trail toward Bob-O-Link, and from some
of the "openings" back toward Gene Autry Trail ; that
it would be helpful to have representatives from the
Association work with staff to look at what is
reasonable; and that there is nothing pending before
the City to request a rock concert stage.
City Manager stated that the Association ' s testimony
is very helpful , and that Mr. Vogel and others should '
meet with the Director to better understand the issues
and translate those into specific actions that might
be warranted.
b) George Goldberg stated that recreational vehicle owners
(RVers) do not stay in Palm Springs because of lack
of parks and amenities; that a municipal facility
is needed at the entrance to the City; and owners (103)
should not be probibited from parking i their RVs at
their residences, and the City should riot spend money
on attorney fees to enforce doing so as a public
nuisance.
c) Steve Gardner, 1650 Mesquite, representing the RV
Association, requested that the City rescind or modify
its ordinance to prohibit storage of RVs on individual
residential property.
Mayor pro tem informed him that the ordinance has
been on the books for many years, and he should contact
the Planning Division concerning any changes to the
ordinance.
d) Diane Marantz, #6 Palomino, complimented the City
on a successful Easter Week police enforcement, and '
commended the Police Department, Sheriff and Highway
Patrol , in particular.
e) Gager Vaughn, President, Smoke Tree, Inc. , a real
estate company., read portions of his letter, a copy ( 103)
of which is on file with the City Clerk, relative
to the Resort Overlay, and there has been no interest
in their property for hotel development.
MAYOR DECLARED a five-minute recess.
Council Minutes
5-6-87 Page 5
LEGISLATIVE ACTION: 268
2. CUP 5.0290 EXTENSION - ANGEL VIEW FOUNDATION
Recommendation: That the Council approve a 5-year time
extension for the Angel View Foundation Conditional Use
Permit for a thrift shop at 462 N. Indian Avenue.
' Planning Director reviewed Memorandum of Director of
Community Development, dated May 6, 1987, and stated that
the original approval was for three years because of concern
that the large parcel to the south might be developed
as a hotel ; that prior conditions had not been met, and
clean up is not complete; and the Commission recommended
a five year extension. He stated that at the study session,
the Council suggested a three year extension, and the
approval could be reduced by two years; and that another
extension would be possible. (78)
Councilmember Smith questioned whether street improvements
on Calle Encilia were required, and if they should be
required at a future time, and if there were other
improvements which need to be made.
Councilmember Apfelbaum stated that Friends of the Auxiliary
wanted the five year extension in order to maintain
credibility with their fundraising efforts; and that she
would like to have a clear idea of what other improvements
would be involved. Her motion to continue for two weeks
failed for lack of a second.
' Unidentified man representing Angel View spoke from the
audience and stated that they would be willing to make
minor improvements.
Councilmember Smith stated that he was considering major
improvements, and it would be fairer to grant a shorter
extension, recognizing that those would have to be made
sometime in the future.
Planning Director stated that the use permit had a time
limit because the property is not up to current standards,
(landscaping, parking lots, building in the rear) because
of the fact it is in a redevelopment area, and because
of potential future development around it.
Resolution 16183 approving the extension was presented;
after which, it was moved by Smith, seconded by Foster,
and unanimously carried, Bogert absent, that Resolution
16183 be adopted, subject to limiting the extension to
three years.
3. MUNICIPAL CODE AMENDMENT - LAND USE PERMIT PROCEDURES
Recommendation: That the Council approve an amendment
to the Municipal Code to allow, under Land Use Permit
' procedures, outdoor entertainment where alcoholic beverages
are served. Director of Community Development highlighted
his report. (103)
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING CHAPTER 5.08 OF THE PALM SPRINGS MUNICIPAL
CODE, TO ALLOW ESTABLISHMENTS SERVING ALCOHOLOIC BEVERAGES
TO HAVE OUTDOOR ENTERTAINMENT IF APPROVED UNDER LAND
USE PERMIT PROCEDURES.
It was moved by Smith, seconded by Foster, and unanimously
carried, Bogert absent, that further reading be waived,
and that the Ordinance be introduced for first reading.
Council Minutes
5-6-87 Page 6
4. ZTA 5.0436 - RESORT OVERLAY (Introduced 4-15-87)
Director of Community Development reported that Mr. Vaughn' s
letter is unclear, in that the amendment as introduced
does not limit use of the property to hotel only, rather
that all uses allowed by right of zone would be permitted,
except permanent residential shall be subject to a
conditional use permit; that the only Smoke Tree property (103)
affected is that with a depth of 300-feet back from East '
Palm Canyon which is zoned high residential , and the
remainder is R-G-A-8, which would not be affected unless
combined under a Planned Development District with the
front zoning; that the General Plan shows resort commercial
uses for the property, which are not restricted to certain
types, but generally include hotels, restaurants, theaters
or other uses to serve the tourist industry, unlike banks,
markets and other uses in the neighborhood shopping center.
In answer to question by Council , Director stated that
the ordinance was revised at the time it was introduced,
as above noted, and the Smoke Tree property would be subject
to a parcel map in order to develop only the R-G-A-8
portion, however, applications usually combine the zone
under the PDD process in order to spread out the density
over the property.
City Manager stated the change does not deal only with
hotels; that the number of hotel units have declined over
the years, in relationship to the number of residential
units, which shifts the tax burden more to residents than
in the past, in that every quality hotel units generates,
in all taxes, the amount equal to one $900,000 single
family home. ,
City Clerk read title of Ord 1283 amencling the Zoning
Text and Zoning Map to create an "R" Resort Overlay Zone;
after which, it was moved by Foster, seconded by Smith,
and unanimously carried, Bogert absent, that further reading
be waived, and Ordinance 1283 be adopted.
5. CVB - BYLAWS AMENDMENT
Recommendation: That the Council approve proposed amendment
to the CVB bylaws relative to composition of the nominating
committee, to delete inclusion of the immediate past (50)
chairman of the Board of Directors, and prescribe how
the three member committee is appointed. This item was
reviewed in study session, and no further report was given.
Resolution 16184 approving amendment as recommended, was
presented; after which, it was moved by Foster, seconded
by Smith, and unanimously carried, Bogert absent, that
Resolution 16184 be adopted.
CONSENT AGENDA:
6. MO 3908 approving Change Order No. 1 to Lake Services Inc. '
contract for City Hall air conditioning, for a time and materials (117)
increase not to exceed $410 each for approximately twenty
thermostat/control units - Agr #2401, CP86-27.
7. MO 3909 approving a personal services contract with KWL Associ-
ates, Inc. to perform civil engineering work in development (51)
of tentative parcel map and related documents for 11 acres
of Airport property, for $13,000, Agr #2423.
Council Minutes
5-6-87 Page 7 2 .11l
8. MO 3910 awarding contract to Ampersand Contract Signing Group, (51 )
for an Airport Signage Program, for $64,450.50 - Agr #2424,
CP86-02.
9, MO 3911 approving Amendment No. 2 to Agr #2328 between the
City and Anthony Araiza & Associates, extending the term to (51 )
December 31, 1987 and changing compensation from a monthly
rate of $2,700 to an hourly rate of $11,81,
' 10. MO 3912 approving issuance of a permit to the P.S. Police
Officers' Association to conduct a circus at Angel Stadium (64)
on May 17 and 18, 1987.
11. MO 3913 approving the purchase of street furniture from Quick
Crete Products, for $12,476.20. (84)
12. MO 3914 approving the purchase of office furniture for the
Fire Department, from Interior Planning Associates, for (84)
$6,340. 36.
13. Res 16185, 16186, 16187, 16188, and 16189 approving Payroll
Warrants and Claims & Demands. (86)
14. MO 3915 approving lease agreement with James Ruddy for the
General Store Museum at the Village Green, for ten years (117)
commencing April 15, 1987 - Agr #2425.
15. MO 3916 awarding contract to Massey Sand & Rock for site
improvements for construction of the Fire Department Training (117)
Facility on Airport property, northwest of Fire Station 2,
for $245,716.82 - Agr #2426, CP81-45.
' 16. Res 16190 approving third time extension for PDD 139, for
affordable housing projects on North Palm Canyon Drive, (116)
Section 34, Stanley Broxmeyer, subject to original conditions
of approval .
17. Res 16191 approving Amendment No. 14 to the Allocated Posi-
tions and Compensation Plans to add a Secretary I to the Conven- (61 )
tion Center Department.
18. MO 3917 awarding bid to reproduce an historical book in
connection with the 50th Anniversary to Horizon House (117)
Publishers, for $20,800; and Res 16192 amending the budget &61
to appropriate necessary funds.
It was moved by Apfelbaum, seconded by Foster, and
unanimously carried, that Resolutions 16185 through 16192
and Minute Orders 3908 through 3917 be adopted.
OTHER LEGISLATIVE MATTERS: (Materials at Study Session)
19. UNIFORM RENTAL & CLEANING CONTRACT - Award new 3-year purchase
contract
Item to be rescheduled
20. SEWER REFUND AGREEMENT - ROBERT TARR
Recommendation: That the Council approve a sewer refund
agreement with Robert Tarr for sewer installed in Crestview
Drive from a point approximately 521 feet east from Ridge (128)
Road, constructed to provide a lateral to residence at
1777 Ridge Road - Agr #2427.
Resolution 16193 approving the agreement, as recommended,
was presented; after which, it was moved by Apfelbaum,
seconded by Foster, and unanimously carried, Bogert absent,
that Resolution 16193 be adopted.
Council Minutes
5-6-87 Page 8
21. SALES TAX REFERENDUM
Mayor pro tem requested that the Council support CVAG' s
effort to work with San Bernardino County to get the State
Legislature to allow a ballot issue to increase the Sales '
Tax to pay for transportation needs in the counties of (140)
Riverside and San Bernardino, until the year 2015.
It was moved by Apfelbaum, seconded by Smith, and
unanimously carried, Bogert absent, that the Council support
placing the matter on the ballot at the earliest possible
date.
ADDED STARTERS:
22. CVB MEMBERSHIP DUES
City Manager reported that the need for action was not
brought to the Council until the last study session, and
could not have been included on the posted agenda; after
which, it was moved by Apfelbaum, seconded by Smith, and
unanimously carried, Bogert absent, that the need for (50")
action arose subsequent to the posting of the agenda.
Recommendation: That the Council approve the dues rates
for membership in the Greater Palm Springs Convention
and Visitors Bureau, in report titled, "Membership
Potential by Category - April 30, 1987," on file with
the City Clerk. '
Resolution 16194, approving action as recommended, was
presented; after which, it was moved by Apfelbaum, seconded
by Foster, and unanimously carried, Bogert absent, that
Resolution 16194 be adopted.
REPORTS & REQUESTS:
23. DEPARTMENTAL REPORTS -- Received & Ordered Filed
a) Fire Dept - 1986 Annual ( 120)
b) Treasurer' s Monthly - Oct, Nov, Dec, 1986 & Jan, 1987 ( 121)
c) 1985-86 Audit (58)
24. COUNCIL reports or requests - None
25. PUBLIC reports or requests - None
26. STAFF reports or request
ADJOURNMENT
There being no further business, Mayor declared the meeting
adjourned to Tuesday, May 12 1987, at 3 p.m. , in the Large
Conference Room, City Hall .
,/ ,)
JUDITH SLIMICH
City Clerk