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HomeMy WebLinkAbout3/1/1989 - MINUTES " CITY OF PALM SPRINGS CITY COUNCIL MINUTES MARCH 1, 1989 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Bono, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, March 1, 1989, at 7:30 p.m. ROLL CALL: Present: Councilmembers Apfelbaum, Broich, Foster, Neel and Mayor Bono Absent: None The meeting was opened with the salute to the Flag, avid a moment of silence. REPORT OF POSTING OF AGENDA: Report of City Clerk: The agenda was posted in accordance with Council policy on February 24, 1989; two items were added at the study session, concerning bicycle grant, and an arts program. COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the purpose of convening as the Community Redevelopment Agency; after which, members reconvened as the City Council . PUBLIC HEARINGS: 1. PALM SPRINGS INTERNATIONAL RACEWAY Recommendation: That the Council receive public input concerning raceway project to be considered by the County Planning Commission, located generally west of Gene Autry Trail , South of I-10. Director of Community Development reported that this project is pending before the County Planning Commission; and the City' s Planning Commission reviewed the EIR, and recom- mends endorsement of the project, with mitigation measures. Planner Evans described the relationship of the site to ( 123) I-10 and the surrounding area and zoning; and stated that the project consists of a facility for 50,000 spectators, of which 35,000 would be in permanent grandstands, and 15,000 in less formal setting; that the grandstands are designed to reduce noise, and visual distraction to motorist on I-10; that there would be 6-8 major events per year, and the remainder of the time could include daily activities such as road testing, driving school , restaurant, museum, offices, new car presentations, and might attract 5,000- 20,000 people; that the County actions to be reviewed are: a zone change, a conditional use permit, the EIR; that the Council has reviewed the EIR at two study sessions, and written comments have been made by the Staff. He illustrated air pollution and traffic comparisons between the proposed use on the site during both major events and on a daily basis to the adjoining 54-acre proposed industrial/commercial project, that of an alternate land use on the site proposed, and that produced by Sunterra, noting that the raceway would generate less on a daily basis, and on a race day, 37,000 cars vs. 36,000 cars (trips per day) for the industrial/commercial project; and that the benefits or the raceway and the big events must be weighed against the alternate land use, and its daily affect; that concerning noise, the County Health Council Minutes 3-1-89 Page 2 1. P.S. INT' L RACEWAY (Continued) Department is working with the developer to reduce the impact as much as possible, and people probably hear noise from the Airport more on the weekend than they would from the raceway; that the developer is working with the County and the preserve for the Fringe-toed Lizard, as to mitiga- tion measures needed, including flood control to assure flow of sand for the habitat; that it is estimated $38 million of new money will flow into the Coachella Valley each year, as a result of the project; that the Ci'ty' s Planning Commission endorsed the concept of the raceway as a viable project in the area, noting that details of the project, conditions of approval , and mitigation measures be looked at closely before the Board of Supervisors takes action; that the County Planning Commission will hold a public hearing on March 8, which will follow a similar process of this date, however, more formal because it is a legally required hearing. Director of Community Development stated that the purpose of this "hearing" is to receive input, and determine how the project fits into the goals of the City; that several months ago, the concept was presented, and it met the following goals: downtown enhancement; strong economic tourism base; major events for community marketing and promotion; and adult recreation opportunities; that the site is located behind Garnet Hill , between the Freeway and the railroad, and is not suitable for quality resi- dential ; is located in the County, and zoned W-2 (industrial ) ; that there are two projects side-by-side being proposed, of which the second project is about 1/8 the size of the raceway, but will generate 5 times as much traffic; that Cal Trans ' primary concern is the rela- tionship to the Freeway, and getting traffic on and off; that the cost of parking will be collected as a part of the gate ticket, and not at the parking entry; that the improvement of Gene Autry Trail will be consistent with the Transportation Plan for the Coachella Valley; that the developer will have to satisfy the State Fish & Game, as well as the U.S. Fish and Wildlife, regarding the fringe-toed lizard; and that two letters in opposition were received this date, and one in favor (Mrs. Friiey and Mrs. Hart, and Ron & Phyllis Crawford, respectively) . Mayor declared the hearing opened. Jim Guthrie, on behalf of the raceway owner Frank Arceiro, described Mr. Arceiro' s involvement in auto racing over the past many years, and his qualification for operating such a facility; and asked that the City assist them through support of the project, recognizing that there are planning processes which will have to be followed. He stated that he believes the project can be a good neighbor for the City, and they will work toward developing a bus system from the various hotels; as well as working with local police and CalTrans to mitigate traffic problems. Tom Zambrano, AeroVironment Inc. , consultant for the project, described the results of wind surveys which were prepared for the SCE in 1985, in particular, the results from a site located one-half mile from the proposed site; and stated that races would be held between October February, when the winds average 5-12 mph. Council Minutes 3-1-89 Page 3 1. P.S. INT' L RACEWAY (Continued) Paul Dunholtder (?) , Mestre Greve Associates, noise consult- ant, described in detail his assessment of the noise impacts of the project vs. the existing ambient levels in the City, which are a part of the EIR, and how the loudness and frequency of sound are impacted by topography, distance, meteorological conditions, wind, etc. Rodger Garrett, President of the Oasis Water Resort, read a prepared statement, a copy of which is on file with the City Clerk, illustrating the economic benefit the project would have to Palm Springs, particularly, concerning room tax, and urged that the Council unanimously endorse the project. Paul Whitehill , in support of the project, stated that it would bring the City of Palm Springs to the attention of the entire auto world, and boost the local economy, provide recreation opportunities for young people, and equal Laguna Seca in Monterrey. Rolph Arnhym, Chamber of Commerce read a letter in support of the project (not given to the City Clerk) urging identi- fication of the mitigation measures, and underscoring the positive impact of the project. Hyne Hoffman, General Manager of the Spa Hotel , in support, commented on the direct impact the facility will have on local hotel occupancy, and the City' s room tax revenue. Ronnie Alcalay, read a letter in support from Alan Ayres, General Manager, Maxim' s de Paris Suite Hotel , a copy on file with the City Clerk. John Wessman, stated that P.S. Now voted 'to support approval of the project., and requested that the City monitor the County and the developer to make sure mitigation measures are followed to produce a viable development. Jim Stuart, Chairman of the North Palm Canyon Committee, stated that the Committee voted to support the project; that the area should be considered for annexation; and that he thinks the train station should be reopened. Chuck Murawsky, Small Discoveries, spoke in favor, and stated that the City' s income can be raised through increased revenue from room taxes. Fred Marik, stated that auto racing is the largest spectator sport in America, with over 240,000 drivers; and all facili- ties developed through private funding; and that Phoenix has spent $5 million for one race (the Formula .1 ) which will net $7. 5 to $30 million in revenues to the city. David Christian, 1000 S. Palm Canyon., stated that the Formula I is corporate sponsored ($400 million) ; that the major events would probably all be nationally televised; and that the alternate land use For the site would produce a higher amount of air pollution. Bob Sevena, 2450 El Alameda, member of the 2-2-2 Club, stated that the club was formed in 1986, for the purpose of supporting the Vintage Race; and that members have volunteered for other events, and support the proposed raceway. Council Minutes 3-1-89 Page 4 I. P.S. INTI RACEWAY (Continued) Jack Noy, 1427 San Lucas, stated that Laguna Seca is a fine model of what can happen when a raceway is added to the community. Katrina Heinrich, 4711 Tevister, stated that the economics are clear, and the project would be a deep benefit to the City; that a single project makes more sense for the area, than 20 mixed uses, some of which may not be conducive to each other; that there is a mitigation fee, per acre, for the lizard; and that the project may help the City become a resort community again. Dr. Friedman, 3200 Baristo, spoke in favor of the project. Joanne Chapin stated that she grew up in Palm Springs, and is a civil engineer, and that many projects have gone elsewhere in the Valley because of poor decisions in the past; that she is a member of the 2-2-2-Club, and people who frequent raceways are not carousers, nor into drugs; and that the project should bring a lot of money and people to Palm Springs. Kendra Chapin also spoke in favor, and stated that it will provide recreation opportunities for young people. Fred Devan, 823 Nueva Vista, stated that he was a journalist for 26 years, and covered auto racing; that he lived next to a. raceway in Connecticut, and did not find drinking, noise, dirt, or safety to be a problem; that it is an environment built for families; and that the impact on any neighborhood is at best, minimal . Tony Malone, 2160 Los Alamos, stated he would come to Palm Springs to visit if 'there was a raceway. The following people spoke in opposition: Tom Dzosi , 1341 Luna Way, stated that quality residential , and people living and shopping in Palm Springs are needed; and that other areas will reap the hotel room revenues, and riot the City. Mike Berman, 2384 del Lago, questioned what the noise will do to property value of homes near the site, and that he is concerned about the quality of life; that the EIR does not address the growth inducing aspect of the project; and that he thinks it will attract gas stations and hotels in the area, and Palm Springs will not benefit from it. Dr. Allen Youth (?) , read a prepared statement on behalf of the Coachella Valley Ecological Reserve Foundation, opposing the project at the specific location adjacent to the lizard preserve. Copy of his statement is on file with the City Clerk. Carolyn Toenjes, stated that she was not convinced that the project will not affect the environment, and is concerned about noise, traffic, waste, water and archaeology; and how the project will affect homeowners. Kim Jefferson, 2377 San Clemente, stated that she lives about 1% miles from the site, and does not want to hear the noise, nor expose her family to an auto racing environ- ment. Council Minutes 3-1-89 Page 5 1. P.S. INT' L RACEWAY (Continued) Dick Shroda, stated that the research is not unbiased; that he covered racing for nine years (journalistically) and most people in the industry have hearing problems; that air pollution and noise will get worse; that traffic jams will be created; that a raceway attracts a "crowd of beer drinkers" in pickups, and the Council should stop listening to "fast talkers" ; that he considers the Vintage Race a mistake on local streets; and urged that the Council indicate to the Board of Supervisors that full-time resi- dents do not want a raceway. Fern Schwinn, 74075 Mockingbird, Indian Wells, stated that she lives 8 miles from the railroad track, but still hears the trains; that the noise from the airport is audible in the entire Malley; that hotels will be developed down valley and low-cost hotels are already being built along the freeway; that the raceway will not solve the over- building problem, and it will not be much benefit to Palm Springs. Don Frank, 550 N. Cahuilla, displayed a gas mask, and stated his opinion that such equipment will be standard gear in ten years; that he considers car racing barbaric; that it is not the answer for having something to do; and that clean air, and a place for people to hike is what is needed. John Wyser, 3395 Avenida Fey Norte, stated that the traffic question has not been adequately addressed; and that cars race up and down in his area. There were no further appearances. Councilmember Apfelbaum stated that she had some environ- mental concerns, which have been reduced as a result of her research and discussion with two Councilmembers from Moreno Valley, who were not race enthusiasts, who assured her that they were sorry to see the Riverside Raceway leave Moreno Valley, and that it did not have ill affects on traffic or smog, except on racedays; and that she supported approval of the zone change and conditional use permit, with direction to the County that it do so, with the caveat that all mitigation measures in the EIR, and as suggested by the City Staff, be implemented. She stated that the project would be less horrific than a series of industrial projects. Councilmember 8roich stated that his experience with the Donnneybrook Raceway, as a policeman, newsman, and busi- nessman in that community, the problems were small , and his business income was up on race weekends over non-race weekends. He stated that dollars and people are needed in the valley. Mayor stated that the main concern today is the survival of the community - how and in what condition - and it is essential to have activities that have strong potential for that survival to rise; that whenever someone is willing to spend mega-millions in the community, it should be taken seriously; that such a choice is before the community now, and the greatest good for the largest number must be weighed; that the project would be a value and enrichment to the community; that reasons other than Council Minutes 2 , u 3-1-89 Page 6 I. P.S. INT'L RACEWAY (Continued) categorizing spectators should be given why it should not be considered; and that it will help alleviate some of the City' s financial burdens. It was moved by Apfelbaum, seconded by Broich, and unani- mously carried, that the Council supports approval of the zone change and conditional use permit, with direction to the County that it do so, with the caveat that all mitigation measures in the EIR, and as suggested by the City Staff, be implemented. 2. TPM 24145 - DESERT SUN: Recommendation: That the Council consider an application by Grayner-Rodgers Engineering for the Desert Sun for a 'tentative parcel map to create a two-parcel subdivision on the east side of Gene Autry Trail between Tachevah Road/Ramon Road, W-M-1-P Zone, Section 7. (119) Councilmember Foster stated that he would abstain due to a source of income. Director of Community Development reported that this matter was reviewed at the last study session; and that the purpose is to create two legal parcels, separated by Gene Autry Trail . Mayor declared the hearing opened; there were no appear- ances, and the hearing was closed. Res 16693 approving the tentative map, was presented; after which, it was moved by Apfelbaum, seconded by Broich, and unanimously carried, Foster abstaining, that R16693 be adopted. PUBLIC COMMENTS: a) Marshall Stone, 789 Tahquitz Way, General Manager of the Palm Springs Angels Baseball Team, submitted a written statement, expressing opposition to considera- tion of an admissions tax, which would create a hardship on the baseball team. He stated that the team has lost thousands of dollars each year, and cannot afford to raise its ticket price. b) Chuck Murawski , 1620 Indian Trail , on behalf of Small Discoveries, congratulated the Agency for its action concerning the Plaza Theater, and suggested that the amount of money to be invested be limited to a (124) few hundred thousand, but not millions of dollars; that it should not be considered in-lieu of developing a 3,000 seat theater; and suggested that perhaps a committee should be appointed to loop: at the subject of theaters - large and small - in the community. c) Ronnie Peters, 362 N. Palm Canyon, a marketing consultant, stated that he respected the Mayor' s vision for Palm Springs, but was puzzled by a focus on the Plaza Theater, rather than attracting a. desert performing arts facility. Council Minutes 3-1-89 Page 7 d) Hunier Johnson, spoko on behalf of ProArts and a request for financial assistance in putting together an invita- (61) tional sculpture exhibit during April ; and to request that the Council declare April as the month to celebrate the visual arts. e) Sal Fasulo., Manager of the Metropolitan Theaters, submitted a prepared statement on behalf of Bruce Corwin, President of Metropolitan Theaters, that an admission tax is unfair, discriminatory and abusive; and that TV, cable, and video stores should all be considered in the same light, since they all compete for tKe same market. He suggested that perhaps the business license fee be increased instead. f) Tom Marino asked that the Council reconsider his request for an appeal from a public nuisance abatement posting (addition to his home without a (permit) . It was suggested he contact the Director of Community Development for assistance. g) George Goldberg, 1445 "Cesspool " stated his opinion that there should be a change on the Council next year, and City Hall staff should be cut; that the Municipal Golf Course and Fairchilds could both use help; that local life should be supported; and that a "TT' center will attract tourist and Close local businesses. LEGISLATIVE ACTION: 3. AA 3.0452 - ROBERTSON--SMITH Planning Commission reaffirm previous action. This item was reviewed in study session, and no further report was (1ll) given. It was moved by Apfelbaum, seconded by Neel , and carried by the following vote, that the Commission' s action be upheld: AYES: Apfelbaum, Broich, Neel A Bono NO: Foster ABSENT: None 4. CONVENTION CENTER MARQUEE: Recommendation: That the Council award contract to Visual Information Systems Company, Inc. for the installation of an electronic marquee at the Palm Springs Convention Center for $171,474.24. This item was reviewed in study session, and no further report was given. MO 4323 awarding contract as recommended, was presented; ( 139-001 after which, it was moved by Broich, seconded by Neel , and unanimously carried, that MO 4323 be adopted. 5. ORDINANCES FOR SECOND READING (Intro 2-15-89) City Clerk read title of Ord 1326 re Water Users Tax; (140) and Ord 1327 re creation of a Visitors and Promotion Board; (103) after which, it was moved by Broich, seconded by Foster, and unanimously carried, that further readings be waived, and that Ordinances 1326 ad 1327 be adopted. Council Minutes 3-1-89 Page 8 6. MUNICIPAL CODE - GASOLINE PRICE SIGNS Recommendation: That the Council consider repeal of exemption from State law requirement that service stations (I03-029) post gasoline prices. This item was reviewed in study session, and no further report was given. It was moved by Broich, seconded by Foster, and uinainimously carried, that the proposal be submitted to the Planning Commission for recommendation. 7. ADDITIONAL LEGISLATIVE ACTION: None CONSENT AGENDA: 8. Res 16694 approving Payroll Warrants. 9. MO 4324 consenting to additional advertising space within the Airport Terminal for additional wall dioramas, a floor (51) diorama, and a brochure rack. 10. MO 4325 authorizing purchase of sixteen (16) police patrol (84) units from University Ford, San Diego, in the amount of $220,746.24. It was moved by Apfelbaum, seconded by Broich, and unani- mously carried, that R16694 and MO 4324 and 4325 be adopted. 11. ALLOCATED POSITION & COMPENSATION PLAN AMENDMENT Res 116695 amending the Allocated Positions and Compensations Plan to add two grounds maintenance workers and a. supervisor for the Airport; and Res 16696 amending the Budget to (61) appropriate $80,075 therefor, were presented; after which, it was moved by Apfelbaum, seconded by Neel , and carried by the following vote, that R16695 and 16696 be adopted: AYES: Apfelbaum, Foster, Neel & Bono NO: Broich ABSENT: None Councilmember Broich stated that he believes the work can be accomplished without adding staff. Councilmember Apfelbaum stated that it is a saving_ , rather than a greater expenditure. ADDED STARTERS: (Eligibility for consideration was determined upon unanimous approval at the study session) 12. STATE BICYCLE LANE ACCOUNT (BLA) GRANT Recommendation: That the Council approve a grant agreement with the Department of Transportation for a State Bicycle Lane Account Grant of $49,500, for signing six bike routes (109) in the City - CP88-48, Agr A2677; City's matching share will be $5,500, for a total project cost of $55,000. This item was reviewed in study session, and no further report was given. Res 16697 approving the agreement, as recommended, was presented; after which, it was moved by Apfelbaum, seconded by Neel , and unanimously carried, that R16697 be adopted. Council Minutes 3-1-89 Page 9 13. BUDGET AMENDMENT - ARTS PROGRAM Consideration of request by ProArts to assist in the cost of advertising and promotion of an April , 1989 arts program in the downtown area, was reviewed at. the last study session; funds which were to have been provided for the (61) Farmer' s Market will be transferred, plus an additional $2,000 from Community Promotion Reserves, for a total of $9,500. Res 16698 amending the budget as described, was presented; after which, it was moved by Apfelbaum, seconded by Neel , and unanimously carried, that R16698 be adopted. 14. CONVENTION CENTER BOARD It was moved by Apfelbaum, seconded by Foster, and unani- mously carried, that consideration of a Convention Center Board be added to the Agenda. City Manager stated that the Council expressed an interest in the formation of a commission to provide an opportunity for the business community to be involved in the review and recommendation process for matters affecting the Conven- tion Center; and stated that he believes it would be more (103) efficient and productive to assign such responsibilities to the newly created PS Visitors & Promotion Board, for the reasons noted in his report. Mayor stated that the Council has enough commissions, and the subject matter is already covered. Councilmember Apfelbaum stated that the Visitors & Promotion Board is more market oriented, and the proposed commission will be more business and financially oriented. Councilmember Foster noted that the qualifications for the two boards are different. Councilmember Broich stated that he agreed with the Mayor, but was willing to review the matter after a couple of years. The Ordinance was corrected to reflect that the continuance of the commission would be reviewed by June 30, 1991; after which, the City Clerk read title of the Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.24 TO THE PALM SPRINGS MUNICIPAL CODE TO ESTABLISH A CONVENTION CENTER COMMISSION It was moved by Foster, seconded by Apfelbaum, and unani- mously carried, that further reading be waived, and that the Ordinance be introduced for first reading. REPORTS & REQUESTS: 15. CITY COUNCIL reports or requests Council Minutes 3-1-89 Page 10 y �1 16. PUBLIC reports or requests a) Don Frank questioned the legality of taking action, if the agenda did not reflect that specific action was to be taken. City Attorney stated that the Brown Act does not require a statement of the action to be taken, only -identifica- tion of the subject to give adequate notice to the public of the business to be considered. b) Dr. Friedman, 3200 E. Baristo, expressed support of the police and fire departments, and that Fire Station Station 5 should not be closed. 17. STAFF reports or requests a) City Manager reported that information received from Bruce Corwin, concerning the Plaza Theater, was that all movies at the theater would cease after January, 1989; that there would not be a problem with that, as long as the lease allowed it; however, if it did not, as indicated by Mr. Strebe, then the theater might close, but lease payments would remain an obliga- tion; and that as far as he was aware, those circum- stances did not change during the discussions with the Council on the possibility of the lease-purchase. Mayor stated that Mr. Stone informed him that the company reels the obligation is that they need only run a movie one day per week, and its intent is to almost close the theater. ADJOURNMENT There being no further business, Mayor declared the meeting adjourned. JUDITH SUMICH City Clerk