Loading...
HomeMy WebLinkAbout1998 - MINUTES - 1/21/1998 CITY OF PALM SPRINGS CITY COUNCIL MINUTES JANUARY 21, 1998 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, January 21, 1998, at 5:30 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. ROLL CALL: Present: Councilmembers Barnes, Hodges, Oden and Mayor Kleindienst Absent: Councilmember Reller-Spurgin The Meeting was opened with a Salute to the Flag by Boy Scout Troop 199, and invocation by Dr. Jim Tom, United Methodist Church of Palm Springs. PRESENTATIONS: P.S. Senior Softball League Award to City PSHS Student Body Report REPORT POSTING OF AGENDA: Assistant City Clerk reported that the agenda was posted in accordance with Council procedures on January 16, 1998. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items page 5 of agenda this date. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: COMMUN[TY REDEVELOPMENT AUTHORITY: No business APPROVAL OF MINUTES: It was moved by Hodges, seconded by Oden, and unanimously carried, Reller-Spurgin absent, that the Minutes of December 3, 1997, be approved. PUBLIC HEARINGS: , 1. C.U.P. 5.0759 - FOUNTAINHEAD, LTD An appeal was filed, and hearing noticed, concerning Planning Commission decision in the (078.) above matter. The appellant has withdrawn the appeal. 2. ZTA 5.0400 - ZONING ORDINANCE AMENDMENTS Recommendation: That the Council adopt miscellaneous amendments to the Zoning Ordinance to provide for an enhanced development environment while maintaining City standards; provide for more efficient permit processing; and provide for increased (103- consistency within the Ordinance (Note: Hearing opened 1-7-98, portion of amendments 039) introduced for first reading at that time.) Director of Planning & Building reviewed the highlights of the proposed Ordinance, and added that there are various types of amendments proposed; that the Commission was careful not to allow thrift stores in certain areas, unless they are connected to a non-profit organization; that various groups were included in the discussion, such as the Uptown Area; that some procedural flexibility was added regarding the process; that signs for real estate have been increased to 32 square foot; and that the Planning; Commission held two public meetings and two public hearings regarding the matter. ' Councilmember Barnes questioned whether the current location of barns would have any effect on existing uses because of rezoning. Council Minutes �a 1-21-98, Page 2 2. ZTA 5.0400 - ZONING ORDINANCE AMENDMENTS (Cont'd) In answer to questions by Council, Director of Planning & Building stated that each zone has an allowable right of zone, otherwise a land use permit is required; that currently all stables are within a zone; that under a land use permit a bakery would likewise be considered in another zone; that the Planning Commission did not want live entertainment and dancing in the commercial shopping zones, but cocktail lounges would be permitted; ' that the effort is to move entertainment out of residential areas; that the original issue started with a lounge in the SmokeTree Center which started as a restaurant, and evolved into a nightclub; that each successive owner has kept the use as a nightclub; that the Planning Commission indicated that this type of entertainment should be more in the downtown area; that if the Council is not comfortable with the Ihnitation, it could be deleted; that the downtown corridor is used for nightclubs, as well as the commercial, C-1, and C-2; that it may seem that some of the areas would impact on residential, but, in fact, it is the community shopping centers that have the most impact, thus the greatest concern of the Commission; that the Ordinance is put in place as a guide, and that there are conditional use permits, land use permits, and variances, that allow certain circumstances to prevail in particular situations. He stated that issuance of a land use permit is ministerial, is not permitted-use related, but performance related; that the application contains one page, submitted to the Planting Department, with the fee of$325.00; and (103- within one week the permit is ready; that he had no recollection of any land use permit 039) having been denied; that a typical land use permit will include items such as trash pickup and outdoor table placement; that a land use permit does not require notification of the neighborhood; and that other types of permits require Plating Commission hearing approval. Mayor declared the hearing open. Darrell Meeks, Palm Springs, stated that there are many questions regarding land use; that there is ground swell movement concerning a nightclub located around the American Stores ' shopping center; that people have been approached and offered money to discourage it; that it is objectionable to modify the land use permit process to benefit one individual in the opening of a bicycle rental shop; and requested the Council examine the nightclub issue closely. Karen Tabbah, 1975 Mark Leslie, stated that several hotels located near residential neighborhoods do have nightclubs with entertainment and dancing, such as the Ramada hin; that the removal of nightclubs from neighborhood shopping centers does not make sense; and that there is usually plenty of parking space between the shopping center and residential areas to buffer the noise. There being no further appearances, Mayor declared the hearing closed. In answer to questions by Council, Director of Planning & Building stated that nightclubs, with or without dancing, are currently prohibited in neighborhood shopping centers, that the proposed Ordinance is to allow live entertainment nightclubs by a conditional use permit; that without the entertainment a different type of activity is generated; and that the Planning Commission thought there were sufficient locations throughout the City to handle nightclubs, without permitting them in the neighborhood shopping centers. Councilmember Hodges stated that the nightclub issue should be reviewed on a case-by- case basis; that if the use was determined to be one subject to the conditional use permit process, neighbors would be involved in the process; that rather than restricting businesses, the City is trying to encourage entertainment; that the Council should be open minded, and review each case on its merit. Councilmember Oden stated that the use may not be appropriate for every location, but that each request should be reviewed on a case by case basis; and that if the decision is to ban the use, some development may be lost. Council Minutes 1-21-98, Page 3 2. ZTA 5.0400 - ZONING ORDINANCE AMENDMENTS (Cont'd) Councilmember Barnes concurred; and added that other areas are mitigated for signs and noise; and that with the conditional use permit process, each application would be reviewed, and concerns mitigated. Mayor Kleindienst stated that the City Council had reviewed a previous application for abar at North Palm Canyon and Tachevah; and the concern was about noise; and that if the ' Council is agreeable the Planning Commission could review the applications. City Attorney stated that if changes are made to the Ordinance, it must be returned to the Planning Commission for review; and he questioned to what extent the Planning Commission discussed live entertainment. Planning Director stated that live entertainment was the focus; and added that the item could be pulled or continued, but that the matter is time sensitive. (103- 039) Councilmember Hodges questioned the difference between nightclubs and lounges. Planning Director indicated the two are the same and that the wording could be changed to be consistent throughout the Ordinance. It was moved by Hodges, seconded by Oden, and unanimously carried, Reller-Spurgin absent, that the proposed Ordinance be referred back,to the Planning Commission for further review; and Assistant City Clerk read Title of Ordinance 1551 as introduced on January 7, 1998, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING ORDINANCE IN REGARD TO ADDITIONAL , SITES FOR ANIMAL HOSPITALS; CLARIFIED REGULATIONS REGARDING GROUP HOUSING/RESIDENTIAL CARE FACILITIES; THE LOCATION OF PAWN SHOPS IN THE UPTOWN AND OTHER AREAS; AND INCREASED WALL HEIGHT IN RESIDENTIAL,FRONT YARDS; ALONG WITH OTHERMI,SCELLANEOUS AMENDMENTS. after which; it was moved by Barnes, seconded by Oden, and unanimously carried, Reller- Spurgin absent, that further reading be waived and Ordinance 1551 be adopted. ]PUBLIC COMMENTS: a) Comments on matter concerning Item 6: Dick Sroda, Palm Springs, stated that the Council pledged to reduce employees and costs of running government; that instead of approval of a new payroll system it is surprising that staff did not contract out the service; that there should be an (117- attempt to look at other functions that the Finance Departunent does in order 048) privatize them; that rather than move employees around, the Council needs to address the issue seriously; that the matter should not be voted on without a full Council; and that the service should be contracted out. Don Frank, Palm Springs, stated that the City should not spend more than what it ' has; that Mr. Sroda is continually bringing financial issues to the Council; that the Council should heed the concerns of the people; that tonight the Council is authorizing $1.8 million in expenditures; that the Utility User tax was passed, but that it was not passed to use for these types of expenditures; and encouraged the Council to take Mr. Sroda's advice. Council Minutes '" 1-21-98, Page 4 b) Comments on matters not on the agenda: Darrell Meeks, expressed appreciation for the efficiency and cooperative attitude his son experienced in obtaining a sign permit; that procedures were explained in detail; and added that once again the Film Festival was, in his opinion, a great success; that it was great fun, and that his wife was offered a job to review movies 1 during the festival. COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: a) Mayor and Councilmembers reported on various civic and community organizational and events which they attended, subsequent to the last regular meeting, and announced upcoming events of community interest. b) Mayor and Councilmembers also reported on status of activities and actions taken by other intergovernmental agencies on which they serve as liaison, or appointees representing the City. LEGISLATIVE ACTION: 3. 1998 GRAND PRIX Status report concerning the event, associated dates, locations and activities. City Manager stated that letters were sent to various groups to determine the support of the Thanksgiving weekend date for the race to be held; that the letters received were positive; and that there currently is a five-year agreement in place with Tartar's Bow. Councilmember Hodges stated that Thanksgiving weekend is not a good weekend for this (050- event; that the hotels are already full; that most of the letters agree that the event would be 025) ' good, but also recommended looking at a different weekend next year. Zock Clahan, Tartar's Bow, stated that Palm Springs was dropped from the racing circuit because the race was not held last year; that the time that is available for a race to be held is Thanksgiving weekend; that the race has been booked for 1998 and 1999; that the races are booked in advance; that if another City drops out of the circuit, the open date can be competed for; that the commitment is for the next two years; that Tartar's Bow will look to move the date after that time if possible. Councilmember Hodges stated that although the Hotel Association is in favor of the event; the date was not the best; and that while she has no problem with the event itself, the date does need to be at a better time. Mayor Kleindienst stated that the agreement has been approved and no action is necessary at this time. Councilmember Oden stated that the Corwnittee did respond with letters of support and that it is evident that Tartar's Bow is willing to work towards a mutually agreeable date in the future. Councilmember Barnes stated that the cooperation between the promoter and the Hotel Association is great; and that it seems Tartar's Bow is willing to work towards compromise. 4. PSI-IS ASSOCIATED STUDENT BODY WINTER CARNIVAL Recommendation: That the Council consider request to waive fees for the loth Annual (064- P.S. High School Winter Carnival, on the south parking lot of the P.S. Mall, January 29- 002) February 1, 1998. City Manager reviewed the staff report and no further report was given. 0 14council Minutes 1-21-98, Page 5 4. PSHS ASSOCIATED STUDENT BODY WINTER CARNIVAL (Cont'd) Mayor Kleindienst stated that the event was held in the same place last year because of construction; and that it is likely that the event will come back again next year, and questioned if the Council could give an ongoing approval of the carnival. City Manager stated that discussions could be held regarding the matter, but that it is not , likely that the parking area will be available forever; but that it will be reviewed for long term planning purposes. Minute Order 6089 as recommended, was presented; after which, it was moved by Oden, seconded by Barnes, and unanimously carried, Reller-Spurgin absent, that M06089 be adopted. 5. PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS) - AMENDMENT Recommendation: That the Council declare intent to approve an amendment to its contract with PERS, to provide level 4 benefit of the 1959 Survivor, Benefit; and introduce (110- ordinance providing for the contract amendment. 009,) City Manager reviewed the staff report and added that the rates have gone down; that there will be no additional cost for the next 5 - 25 years. Assistant City Clerk read title of Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF PALM SPRINGS. , Resolution 19183 declaring intent was presented; after which, it was moved by Barnes, seconded by Oden, and unanimously carried, Roller-Spurgin absent, that R.19183 be adopted; it was further moved by Barnes, seconded by Oden, and unanimously carried, Reller-Spurgin absent, that further reading be waived, and Ordinance be introduced for first reading. 6. INTEGRATED FINANCIAL SYSTEM - AWARD CONTRACT Recommendation: That the Council award contract to approve the City's integrated financial system (except payroll) to Permutation; and to award) contract for the Payroll (117-• module to High Line Corporation, contingent upon approval of the final contract terms and 048) conditions on February 4, 1998. Director of Finance reviewed the staff report and added that the financial system has been in place for ten years; that there are problems with the system that can no longer be patched; that the year 2000 does have an impact on the current system; that art RFP was sent to 39 companies; that there were 6 responses; that the 6 were, interviewed extensively; that references are being checked; that the new system will be expected to last 6 - 8 years; and that it is a long-term commitment. Councilmember Hodges questioned if there was any attempt to privatize out any of the financial services, such as payroll. ' Director of Finance and Treasurer stated that there is only one payroll clerk; that to contract out the service would be more expensive than retaining the services of the employee; that the new system does include services that relate: to accounts payable and receivable; procurement, payroll and other financial procedures. Council Minutes 1 AV 1-21-98, Page 6 6. INTEGRATED FINANCIAL SYSTEM (Com'd) City Manager stated that the City is facing two avenues; one that to provide cost savings, privatization and contractual services are reviewed; the second is to offer the services that we provide to other entities; that this type of expenditure falls under the second category; that there are others that will be coming back to the Council that will relate to the first category. Mayor clarified that the payment will start this year and that the payment schedule is spread out over three years; and that the technology currently being used is over 14 years old; and (117- questioned whether the purchase includes upgrades as they are forthcoming. 048) City Manager stated that the upgrades are included; and that the system should last. Mayor questioned what hardware is being replaced. Information Services Manager stated that there will be a new computer; that inquiries have already been made concerning our old equipment and that we should be able to sell most of the equipment. City Manager stated that there is a governmental procedure that will be followed concerning the surplus equipment; and in answer to questions by Council, stated that software does not actually wear out; but that it does get modified and replaced; and that even though the idea is that the system will last 6 - 8 years, the reality is that it will last indefinitely with the upgrades. Minute Orders 6090 and 6091 as recommended, were presented; after which, it was moved by Barnes, seconded by Hodges, and unanimously carried, Reller-Spurgin absent, that MO6090 and 6091 be adopted. ' 7. DEPARTMENTAL REORGANIZATIONS Recommendation: That the Council approve departmental consolidation/reorganization for the Department of Transportation, which will result in a net reduction of three General- funded positions, save the General Fund an annualized $103,464, and increase (061- administrative support to the Airport and Facilities Maintenance; and Police Department 022) reorganization concerning specified police management positions. City Manager reviewed the staff report and added that the persomrel savings will be set aside in a special fund for further review by the Council at an upcoming workshop. Councilmember Hodges questioned if the post is eliminated would those funds still remain in this years budget. Director of Transpiration stated that the position is vacant; that it was not filled pending the outcome of the Utility User Tax vote; that others have picked up additional responsibilities; and therefore the recommendation of the reduction in personnel. Councilmember Barnes stated that the Police restructure flattens out the organization and makes sense. Resolution 19184 as recommended, was presented; after which, it was moved by Hodges, seconded by Barnes, and unanimously carried, Reller-Spurgin absent, that R19184 be adopted. Council Minutes 1-21-98, Page 7 8. CVAG AS TRANSPORTATION AUTHORITY Discussion, comment, direction if any regarding CVAG becoming a Transportation Authority. City Manager stated that the process relative to applying for CVAG to become a (123- Transporlation Authority has started; and that the Council will be copied any 025,) correspondence. ' 9. ADDITIONAL LEGISLATIVE ACTION: None. CONSENT AGENDA: 10, MO 6092 approving Amendment No. 7 to contract with Robert Bein, William Frost & (130 Associates, for modification of landscape plans and specifications to combine the Dinah Shore 001) Bridge approaches and Mesquite Avenue center medians into one bid Project, CP95-38, A3298. It. Res 19189 approving an agreement for purchase and sale of real property and escrow (136- instructions for right-of-way on the east side of Farrell Drive, 292 feet north of Computer Way, 025) from Michael Levin, et at, for the Farrell Drive Re-alignment Project., for $15,000 plus costs. Kleindienst abstain due to Airport Master Plan. A3901. 12. MO 6093 awarding contract to G & M Construction for removal and ;replacement of (117- underground storage tanks, for $224,950, CP95-17, A3902. Hodges abstain due to Client of 008,) Employer. 13. MO 6094 awarding contract to Environmental Dynamics, Inc., for collection, transportation and destruction of waste, including but not limited to hazardous material located at the Airport, (l ll•- and at the City Yard, not to exceed $13,653.50, A3903. 008) ' 14. Res 19185 declaring and designating a strip of City-owned land along the north line of Ramon (136•- Road, between Gene Autry Trail and Vella Road, to be a right-of-way for streets, highways, 034) underground sewers, public utilities installations, and other appurtenant uses required for the Mid-Valley Parkway project. 15. Res 19186 and 19187 approving Payroll Warrants and Claims & Demands. (086•- 016) Note abstentions, if any: Couucilmember Warrant M Payee Particular Nature of Conflict Hodges 928197 G &M Const Client of Employer 928210 Granite Const Client of Employer 928307 Preferred Plumb Client of Emplpyer 16. Res 19188 City companion action to above Financing Authority actions. (056- 009) Resolutions 19185 through 19189 and Minute Orders 6092 through 6094 were presented; after which, it was moved by Oden, seconded by Hodges, and unanimously carried, Reller- Spurgin absent, and Hodges abstaining on item 12 due to client of employer and Kleindienst abstaining on item 11 due to Airport Master Plan, that R19185-19189 and MO6092-6094 be adopted. ADDED STARTERS: None ' REPORTS & REQUESTS: Council Minutes L r 1-21-98, Page 8 CITY COUNCIL reports or requests a) Councihnember Hodges requested a subcommittee to review requirements naming streets or facilities after people; requested a review of the application process to enter a float in the Rose Parade; and requested a review of traffic signal located at Gene Autry Trail and Air Museum. ' b) Mayor Kleindienst noted a need for action to be taken regarding trees at Library, infested with red spider mites; and also noted dying trees located at Boys $ Girls Club, Senior Center, Demuth and Ruth Hardy Parks; and requested a date for Council budget review. City Manager reported the Council budget review to start 1/27/98 at 4 p.m., at Hyatt Workshop. PUBLIC reports or requests - None STAFF reports or requests - None ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. UDITH SUMICH City erk 0 By: PATRICIA A. SANDERS Assistant City Clerk 1