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HomeMy WebLinkAbout1995 - MINUTES - 5/17/1995 n ; E CITY OF PALM SPRINGS CITY COUNCIL MINUTES MAY 17, 1995 A Regular Meeting of Clio City Council of the City of Palm Springs, California, was called to order by Mayor Maryanov, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, May 17, 1995, 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, and adjourned to the Palm Springs High School Auditorium. ROLL CALL: Present: Councilmembers Hodges, Kleindienst, Lyons, Reller-Spurgin, and Mayor ' Maryanov Absent: None The meeting was opened with the Salute to the Flag, and an invocation by Reverend Jerry Johnson-Lily of the Valley Church . REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on May 12, 1995. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities)- See items on Page 5 of agenda this date. HOUSING AUTHORITY: FINANCING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY; AND COMMUNITY REDEVELOPMENT AGENCY - No business PUBLIC HEARINGS: 1. CASE 5.0648 - CUP PALM SPRINGS MARKET FAIR - APPEAL Consideration of appeal by Palm Springs Market Fair of the Planning Commission decision of April 26, 1995, regarding special events, exemption from the Noise Ordinance, and (07$" permission to install nnini-storage units. 042) At request of appellant, this matter and hem 5, to be continued to June 7, 1995. So ordered. 2. PALM SPRII'JGS REGIONAL AIRPORT EXPANSION Recommendation: That the Council certify the Final Environmental Impact Report; and adopt the Statement of Findings&Facts; the Mitigation Monitoring Plan; the F.A.R. Part 150 Noise Compatibility Study & Program; the Airport Master Plan; and related General Plan Amendments. Mayor stated that a question was raised about clients of his who own land around the airport; that it was reviewed with the City Attorney, and he has indicated that he does riot have a conflict of interest; and that he abstained at the study session, awaiting the determination. Councihnennber Kleindienst stated that because there was a report of a potential conflict of (051-- interest for him, he and the city attorney have had many conference calls, with the FPPC, and 028) because of the amount of information needed by the FPPC, the answer cannot be obtained in time for this hearing; that he will solid written materials to [lie FPPC when they are compiled, and it will take about 2 months before a determination is received. He thanked everyone who had called him, or spoke to him, about this issue, for their candor and honesty. He would abstain, and excused himself Pion the dais. (Note: IIe returned to the dial after the close of the hearing). City Attorney stated that concerning the Mayor, the issue was whether the property lie has In interest in would increase in value by more than $10,000 as a resuit of the affect of this decision; that an appraiser concluded it will not be a $10,000 affect, and that is why he did not believe there is any conflict of interest for the mayor. Detailed reports were given by tine Director of Aviation, and the Director of Planning & Building, and representatives of the consultants. A complete transcript of the proceedings is on file will,the City Clerk, and incorporated herein by reference. Director of Aviation noted that the record includes: the Master Plan, the Noise Element, the FIR, the Planning Commission hearings, the Par 150 Hearing. the April 26 Phuming Commission meeting, Council Minutes 5-17-95, Page 2 2. PALM SPRINGS REGIONAL AIRPORT EXPANSION (Continued) tape of the Council study session of May 8. He added that the document is a planning tool, and not an implementation document, and specific implementation actions will come back for Planning Commission and City Council actions, including hearings, contract and grant agreements. ' Mayor declared the hearing open. The following persons spoke (in order noted); refer to transcript for detailed comments: Chuck Hubbard, no address given, opposed. Bruce Gottleib, 1851 San Gorgonio Road, opposed. Herb Rafetto, 2700 Golf Club Drive, speaking for the hospitality industry, hotel owners, Desert Business Association, P.S. Hotel Association, Desert Conuuunities Hotel & Promotional Associations, the Tramway, the Follies, Saks Fifth Avenue, and Blue Coyote, favored. Dr. deBlassio (?), no address given, opposed. Tracey Gunneman, 729 Louise, favored. Joseph Casey, no address given, (*) opposed. Mrs. Gmureman (?), Louise Drive, favored. Keith Willis, spokesperson for R.O.A.R.E., opposed. Doris Stevens, Customer Service Manager, Alaska Airlines, P.S. Regional Airport, read a statement from Western Regional Office of the Air Transport Association(copy not provided, refer to transcript), favored. Bill Williams, no address given, (*) - comments also submitted in writing, opposed. Robert Kaiser, 2416 Los Coyotes Drive, opposed. Mike Brill, 399 St. Helena, speaking for himself and as Chair of the Airport Commission, favored. David Friedman, Legal Research Chair for R.O.A.R.E., no address given, (*), opposed. Elaine Landfinkle, 123 N. Palm Canyon, and 1076 Sierra Way, favored. Tom Robertson, President of the Chamber of Commerce, read statement from the Chamber (copy not provided, see transcript for details), favored. Ann Osborne Lanari, no address given, (*) - also submitted written continents, opposed. Lisa Hubbard no address given, (*), opposed. Kathy Ward, 1850 Viminal Road, (*) - also submitted written comments, opposed. Dick Sroda, no address given, opposed. Sharon Rae, 1210 Sunflowewr Way, (*) - also submitted written commnents, opposed. Frank Sardone, 3023 Bahada Road, (*), opposed. Bill Dairy, immediate past member of the Planning Commission, stated reasons he would have opposed the Commission motion, if he had remained on the Commission. Carole Lombardi, no address given (*), opposed. Mr. Johnny Johnson, Palm Desert Resident, stated he was speaking for the R.O.A.R.E. people, opposed. ' Bud Robbins, Bureau of Indian Affairs, also representing Indian landowners directly affected by the proposed extension of the Airport, and its expansion, favored. David Christian, 15 Palomino, favored. Spencer Ensign, 3253 Mt. Shadow, (*) - also submitted written comments, opposed. Jim LaMonica (?) American Airline Pilot, favored. Don Granger, 4446 Sunny Dunes, opposed. Mr. Kitty Cole, 850 E. Vista Chino, opposed. Maximilian Lopez, E. of Vista Chino, opposed. Sierra Brewi, no address given, also submitted written cons nents, opposed. Council Minutes 5-17-95, Page 3 2. PALM SPRINGS REGIONAL AIRPORT EXPANSION (Continued) Gerald Fitzsimmons, no address given Whitewater Club Drive, opposed. Jeff Brewi, completed reading the statement read by Mrs. Brewi, opposed. Paul Hall, 2388 E. Racquet Club Road, (*), opposed. Betty Bush, 2088 N. Cerritos, (*), opposed. Dr. Anita Chatigny, 2020 E. Acacia, (*), opposed. ' Hal Williamson, 145 S. Gene Autry, favored. Paul Daniels, 1865 Jacques Road, opposed. Ai Pragler, Air Pilots Assoc., no opinion, commented in general about misunderstanding of ]tow planes and airports work. Mr. B.J. Hill, 18910 Desert Pak, (*), opposed. Nancy Carter, Gen Manager, American Airlines, general comments regarding weight and lift and temperature, no opinion. Tom McCucchi (?), no address given, (*), opposed. Burt Land, 1437 Sunflower Circle South, opposed. Frank Tysen, 175 S. Calmilla, representing himself, opposed, and why he voted No on the Planning Cormnission's action. Lola Evanson, no address given, opposed. Myra Goldwater, no address given, favored. Jim Miller, 1250 Mesquite Avenue, favored. Charles Price, Finley Road, opposed. Mr. Hacker (?), pilot, no opinion, general comments about runway length, and aircraft. Paul Midler, no address given, favored. ' Karen Aguilar, no address given, favored. Chuck Belden Bahada Road, (*), opposed. Dave Switzer (?), opposed. Leslie Dunn, 2876 Chuperosa, (*), opposed. John Tameyhill, North Magnolia Road, (*), opposed. Tom Rundlel (?), 1874 Los Alamos, (*), opposed. Sally (?), 2010 Sandra Road, opposed. Steve Rembal, (*), opposed. Andy Sheldon, no address given, favored. Mike Olman, favored. Mr. Wad, no address given, (*), opposed. Dick Broadie, no address given, opposed. Randy Lee, 2100 Viminal Road, ('"), opposed. Darrell Meeks, no address given, (*), opposed. Logan Chatigny, 2020 E. Acacia, ('�'), opposed. Jane Gardner (?), Property Manager Sunrise Palms, no address given, opposed. Deana Nelson (?), 2955 Biskra (*), opposed. Dennis Ledbetter (?), no address given(*), opposed. Joe Nelson, Biskra Road, 2955 Biskra Road, opposed. Unidentified female, no address given, opposed Bonnie Singer, 215 Leslie Circle, (*), opposed. Don Frank, no address given, opposed. Steven Andrade, no address given, (*), opposed. Unidentified female, no address given, opposed. Vicki Baird, no address given, opposed. , Fred Ebeling, no address given, opposed. Scott Estes, Glemn Circle, favored. *These persons recited a variation of the following, after stating their name: "1 speak tonight as a private citizen, but want my comments added to those of R.O.A.R.E. for(lie purpose of official notice and to formally object to the Palm Springs Airport expansion." Some added, "I have satisfied the statutory requirements as an affected party and have standing to file an action in this matter, individually or with other like-minded residents if that should be my choice." Council Minutes 5-17-95, Page 4 2. PALM SPRINGS REGIONAL AIRPORT EXPANSION (Continued) (Note: Copies of comments were submitted by those as noted, and are on file with the City Clerk. Other persons presented copies of statements to the City Clerk during the recesses which were taken over the course of the hearing, and are oil file with the City Clerk). ' There were no further appearances, and the hearing was closed. City Attorney stated that staff should respond to new issues raised during the hearing. Director of Aviation stated that the issues raised were previously raised, and addressed in the EIR, or by the Comnnission; and that he wished to restated some of those, Le, as follows: a. Barbara Tract Roadway: Is not, nor ever was intended to be, a roadway to service the area, rather a condition of traffic engineering as a way of trying to solve a future problem. b. Insulation Program: Would be a voluntary program, not mandatory. C. Noise Compared to 10 years ago: There are less airport operations than ten years ago; conunercial aircraft is down, also - 15.5 per day - LAX handles literally hundreds daily. d. Passengers have decreased, Morris Air no longer serving P.S. and Bay area. C. Instrument Beacons: Proposal is a global positioning system which calls for lighting on the airport, most of which would be in the pavement. f Safety Issues: Active pilots confirmed there is a safety issue. ' g. Nighttime Activity: Run-ups occur now in the Skywest hush house; there is a contractual curfew with scheduled air carriers; general aviation jets do take off during the night, and early morning, and runway extension has no affect on that, nor is it for that particular aircraft. h. Aircraft size: larger crafts today are quieter, not noisier; more efficient, and cleaner fuel burning. Councilmember Lyons stated that he has voiced grave concerns regarding the jetway plan; that all aspects will have to come back to the Council; and whether the extension is placed on the ballot, the Council should proceed with the expansion plan; that conventions have been lost as a result of lack of convenient service, and low rates; that Palm Springs derives 40% of the market share from the Airport,which is larger than any other individual city in the Valley, and is the City's lifeblood; that airports which have downsized, almost immediately become commuter airports, which would signal economic death to this city; that it is both a tourism and economic development issue, resulting in more jobs and increased, not decreased, property values, and studies which show reduced sound impact; atnd that catastrophic air crashes are possible now, without the runway extension or expansion, and might be less likelihood, not more, with the extension; and that an airport in Thermal, 45 minutes away, would further reduce convention business, mid the City would have even more serious problems. Councilmember Hodges stated that only 4 members of the Council will be voting, and that this is an issue for all of the people of Palm Springs, because it boils downs to economics, money and quality of life, which is a decision that the community has to make; that even if the runway extension is put on the ballot, she favored taking an in-depth look at the entire master plan, because there may be changes that need to be made, depending on what happened with a ballot vote; that there are other options in the docmients that perhaps should be taken more seriously, than just the one recommended, e.g., looking into the idea of subsidizing the extra 40 seats on 757s, as a means of operating during the summer, with extension of the runway; that she questioned if "less noise in the takeoff area" meant on the Airport side, or outside the airport; and that the Council needs to keep in consideration the fact that there was a goal established when the documents were prepared, and a lot has transpired since the original model was presented nearly three years ago. Councilmember Reller-Spurgin stated that she attended a R.O.A.R.E. meeting, and listened to what was said; that intellectually,she believes the expansion of the runway is the right thing Council Minutes 5-17-95, Page 5 2. PALM SPRINGS REGIONAL AIRPORT EXPANSION (Continued) to do because if it is not bone, it may be the last straw for the City; that she is empathetic to the people because she agreed it will affect quality of life; that safety is also an issue, and that is a responsibility of the City; and that regardless of the decision, not everyone will be happy. Mayor stated that noise is already a problem; that he cares about ;people who live here, that ' they have jobs, and closing the airport would not make economic sense; that he has personal experience living near airports and sympathy for the impact of noise:on residents; that adopting the master plan will allow starting to work on the mitigation measures, not meaning that insulation has to be thrust on people, but it helps with indoor noise control; that another mitigation relates to the 500 ft ceiling for helicopters, and it should be looked at; that closing the airport and selling it and using the money for other put-poses is simply not factual, because of the millions invested by the FAA, and it would have to be reimbursed; that the safety factor is very important; and the master plan may have to be changed in tlhe future, as general plans usually are; that there is no funding currently available, but without a master plan, none can be requested for the terminal expansion; and that nothing is being cast in stone, nor is any construction starting. Councilmember Hodges stated that she did not want to move forward in a direction that may be contrary to what the community wants, and if the master plan is approved, by the time one of the elements comes back to the Council for consideration, it may be too far advanced to stop it, since there are time dines contained in the plan; and she wanted to make certain that the future is what is wanted, and addresses all of the needs of the different citizens of the community. Mayor slated that the master plan is a good one, and without it, the City cannot compete for FAA funding, and it is important to get that process moving; that the plan is not new, and has been in process for several years; that the FIR may be litigated, although he believed it is adequate, but he did not want to wait years before deciding, and still get into a lengthy court battle; that there is a lot of emotionalism involved, because people's homes are involved; and noise is a factor. Director of Aviation stated that the master plan does contain time tables, and specific projects, as required by the master planning process, but it is not necessarily that those specific projects be carried out; that there are projects which could be carried not with FAA monies; that regardless of the runway extension, one mitigation of the noise is the insulation program, and without approval of the plan, funds cannot be applied for; that each and every project requires a design phase, and the Council will need to approve those individually before proceeding with any of them. In response to question by Council, lie suggested an additional resolution which would supplement conditions to the master plan, by adopting a policy that no actions will be taken on the runway project whatsoever until such time as an advisory ballot can provide information to the Council; nor any action of rezoning until there is a complete appraisal on the entire area to bring forward accurate information on the effect on property values; and that terminal expansion shall not proceed until there is a complete review of the entire design of it. Ile also recommended that if at any time the number of flights goes beyond the projections, that the City proceed with Part 150-161 filing to seek elimination of Stage 9 aircraft; and if there is any movement by the U.S. Congress to change the law regarding Stage 2 aircraft, that the Council begin lobbying process to prevent it. City Attorney stated that he slid not have an opportunity to discuss the legal aspects with the Director of Aviation; and that there may be two approaches- one leaves the runway extension in the master plan, and later amended, if desired as a result of [lie advisory vote; and the second leaves it out until after the vote; and that he was not prepared to comment cn whether it damaged the remainder of the master plan. Director of Aviation stated that the FAA is processing the final approval of the settlement , agreement regarding the corporation yard, in which the Airport takes ownership of the 10 acres on Vista Chino; and if the runway extension is not shown in the master plan, tine FAA will not approve the agrecnnent, and there will be a problem of$8,50,000 back rent. Motion was made by Lyons to adopt two resolutions, i.e., certifying the EIR and adopting the master plan, and to adopt supplemental conditions as above noted by the Director of Aviation, calling for an advisory ballot on the runway extension and tacking no action until the results of that election are ]mown. � }i )89 Council Minutes 5-17-95, Page 6 2. PALM SPRINGS REGIONAL AIRPORT EXPANSION (Continued) In response to question by Council, City Attorney explained that the item in the supplemental condition resolution relating to a redevelopment area, would that tax increment funds could be utilized to provide for rehabilitation, improvement of structures affected by the airport, however, a significant study and lengthy process is needed before any redevelopment area can ' be adopted. Mayor and Councilmember Hodges agreed that this subject "dropped out of the heavens," and the Mayor stated that it did not mean it would happen, only that its potential would be evaluated. Councilmember Hodges stated that whether it is a good or bad idea is not relevant, since it has nothing to with the master plan. City Attorney stated that it was only an idea for consideration, and deleting it from the resolution, would not detract from the resolution. Motion by Lyons was amended to delete the paragraph related to a redevelopment area; said motion was seconded by Maryanov, and failed to carry by the following vote: AYES: Lyons & Maryanov NOES: Hodges & Reller-Spurgin ABSENT: None ABSTAIN: Kleindienst Councilmember Hodges stated that she felt the master plan should not be approved until such time as the issue of the runway extension is resolved, because it affects the master plan, and may not be true in six months. She moved to direct the City Attorney to prepare a measure for the November ballot, which would be binding; or in the absence of that being legally possible, that would be advisory only; said motion failed for lack of a second. Resolution 18604 certifying the Final Environmental Impact Report; and adopting the Statement of Findings & Facts, the Mitigation Monitoring Plan, the F.A.R. Part 150 Noise Compatibility Study & Program, the Airport Master Plus, and related General Plan amendments,was presented; after which,it was moved by Reller-Spurghn, seconded by Lyons, and carried by the following vote, that R18604 be adopted: AYES: Lyons, Reller-Spurgin & Maryanov NO: Hodges ABSENT: None ABSTAIN: Kleindienst 3. 1995 CONSOLIDATED PLAN Recommendation: That the Council hold a public hearing to receive comment on the draft 1995 Consolidated Plan. According to the Department of Housing and Urban Development (085- regulations for the Consolidated Plan no format action is required. Any comments received 011 will be incorporated into the final document. Mayor inquired if anyone was present,who could not attend the adjourned meeting; there were no appearances. 4. DELINQUENT WASTE DISPOSAL SERVICES Recommendation: That the Council adopt a resolution placing delinquent waste disposal services accounts for the fiscal year ending June 30, 1995, on the Riverside County property 140- tax rolls. The purpose of this action is to provide a more efficient means of collecting 005 delinquent accounts. ' Mayor inquired if anyone was present,who could not attend the adjourned meeting;there were no appearances. ADJOURNMENT Following inquiry on the above matters; it was moved, seconded and unanimously carried, that the meeting be adjourned to 5 p.m., Monday, May 30, 1995, to consider the hearings and remainder of the agenda, prior to study session on the 1995-96 budget..— LAY DITH SUMICH City Clerk