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Home My WebLink About1998 - MINUTES - 2/18/1998 Y,y� Y1Y� CITY OF PALM SPRINGS CITY COUNCIL MINUTES FEBRUARY 18, 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, February 18, 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, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: Councilmember Hodges The meeting was opened with the Salute to the Flag led by Boy Scout Troop 905, and an invocation by Rev. Robert Gaddini-Patin Springs Baptist Church. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on February 13, 1998. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 4 of agenda this date. PRESENTATIONS: Valerie Woods Kantor Memorial Dance Scholarship Award Swearing-in and introduction of newly promoted officers. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: - No Business COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the purpose of convening as the Connuuity Redevelopment Agency; after which, members reconvened as the City Council. APPROVAL OF MINUTES: It was moved by Barnes, seconded by Oden, and unanimously carried, Hodges absent, that the minutes January 7, 14, 21, and 28, 1998, be approved; Reller-Spurgin abstaining on the minutes of January 14, 21, and 28, 1998. PUBLIC HEARINGS: None PUBLIC COMMENTS: a) Comments concerning Item 3: Ms. Terry Wayland, Pentamation, and Karl Niehuller, Hightine Corp., (117- appreciated being selected to provide the system, and expressed pleasure at 048) working with the City. Dick Sroda, resident, expressed his opinion that the system may not be necessary; that it is excessive for the taxpayers, and that there should be an outside opinion whether there is going to be a "year 2000" electronic problem b) Comments concerning Additional Legislative Item A2: ' Gladys McMillan, owner of Dave's Jewelry, and Rodelle Jlenshaw, resident, commented regarding the quality of operation of the business, and reasons (078- supporting the conditional use permit approved. There were no specific 070) comments concerning the waiver of the fee. Dick Sroda, resident, stated that fees are not waived for others, and the applicant should pay the fee, and those persons who spoke at the Planning Commission hearing can do so before the City Council. Council Murtues 2-18-98, Page 2 c) Comments on matters not related to an agenda item: Darrell James, President of the Desert Gay Tourism Guild, stated he is a member of the Visitor & Promotion Cotwnission, and he: submitted a proposal to counter what he considered to be damaging media coverage as to the effects of El Nino, and to present a sunny face during the high season. He stated that the PSDR CVB has surplus funds, and lie felt that it should be looked to for covering die $50,000 estimated cost. Mary Mazerini, Citizens on Patrol, provided a sample "Adopt a Cop" certificate, and explained that the program is a morale booster, and to show appreciation to local police officers; and that the individual would send notes, holiday greetings, or other means of staying in touch with their "adopted cop". Eric Meeks, resident, on behalf of his fattier, urged that the City not pay any attorney fees for any special interest group, i.e., the police officers association, which is currently in litigation with the City. COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: a) Mayor and Councihnembers reported on various civic and community organizational meetings and events which they attended, subsequent to the last regular meeting, and announced upcoming events of community interest. LEGISLATIVE ACTION: 1. CASE 5.0400 ZTA, ZONING ORDINANCE TEXT AMENDMENTS On January 21, 1998, Council referred a Zoning Ordinance Text Amendment to the Planning Commission for further review. The following is recommended: That the Council receive the Planning Connnission report regarding Nightclubs in the CDN Zone and adopt the proposed amendments to the text of the Zoning, Ordinance, revised to permit nightclubs in the CDN Zone, without the; restriction against (103- enter(aimnent/dancing, by Conditional Use Permit. 039) Director of Planning & Building reported that the Planning Commission reviewed the Council's recommended changes made at the last meeting, and concurs, i.e., regarding live entertainment or dancing allowed in nightclubs in neighborhood shopping centers, under a conditional use permit, which requires a public hearing, and for which conditions may be unposed. He highlighted the specific changes to the draft ordinance. City Clerk read title of tine Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING ORDINANCE IN REGARD TO ADDITIONAL SITES FOR PRIVATE SCHOOLS, AND CHURCH11?S; INCREASED LOT COVERAGE IN CERTAIN SINGLE-FAMILY RL;SIDENTIAI_ ZONES; CONSISTENT RESIDENTIAL BUILDING HEIGHT REGULATIONS; SPECIFIC ZONING LOCATIONS FOR AMBULANCE SERVICES; HIGH- RISE BUILDINGS IN ADDITIONAL MEDIUM-HIGH-DENSITY RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL ZONES; BICYCLE RENTALS IN THE DOWNTOWN; EIGHT-FOOT HIGH WALLS IN ' INDUSTRIAL FRONT YARDS; AUTO RENTAL AGENCY FLEET SALES IN INDUSTRIAL ZONES; INCREASEED BUILDING HEIGHT IN THE INDUSTRIAL ZONES; ADDITIONAL USES IN THE AIRPORT VICINITY CONSISTENT WITH THE AIRPORT MASTER PLAN; REAL ESTATE SIGNAGE FOR CONDOMINIUM COMPLEXES AND LAND SUBDIVISIONS, AND AMENDED PROCEDURES FOR CONDITIONAL USE PERMITS, PLANNED DEVELOPMENT DISTRICTS, CHANGES OF ZONE AND OTHER PROCESSES; ALONG WITH OTHER MISCELLANEOUS AMENDMENTS,. Council Mintues 2-18-98, Page 3 after which, it was moved by Oden, seconded by Barnes, and unanimously carried, Hodges absent, that ii¢ther reading be waived, and the Ordinance be introduced for first reading. ' ADDITIONAL LEGISLATIVE ITEMS: A2. DAVE'S JEWELRY & LOAN On February 13, 1998, Gladys McMillan, dba Dave's .Jewelry & Loan, filed an appeal for Council consideration; and has asked for waiver of the appeal fee ($275 plus mailing). Counciltnember Barnes stated that based on Ms. McMillan's experience in trying to find (078- a location, he considered it a fair request. 070) Motion by Barnes, seconded by Oden, to waive the fee, failed to carry by the following vote: AYES: Barnes and Oden NOES: Reller-Spurgin and Kleindienst ABSENT: Hodges City Attorney stated that under the Council's Rules, the matter will be rescheduled for a full body of the Council. CONSENT AGENDA: 3. MO 6100 approving agreements with Pentamation and Highline Corporation for (117- ' providing integrated financial systems, A3908 and 3909. 038) 4. Res 19198 establishing a list of pre-qualified boarding bridge providers for the Phase 2A (051- Airport Terminal Expansion Project. Kleindienst abstained due to Airport Master Plan. 095) 5. MO 6101 approving professional services agreements with MacKenzie Associates for (051- appraisal services for not to exceed$4,000; and MO 6102 with Lipman, Steven, 046) Marshall &Thene for appraisal review services for not to exceed$5,700; and MO 6103 with Overland Resources for not to exceed $18,900 For acquisition and relocation services all related to Airport Property Acquisition Program. AIP3-06-0181-21, A3910, 3911 and 3912. Kleindienst Abstain-Airport Master Plan. 6. MO 6104 approving purchase of two four-wheel drive vehicles, one truck, one car, and (084- one patrol unit (for a total of 5 vehicles) for a total of$118,299.85 through Cooperative 015) Purchase with the County of Riverside from Ramsey Street Ford. 7. Res 19199 reaffirming the City's intention to locate users for the Foreign Trade Zone; (051- designate a FTZ liaison; implement a FTZ Action Plan; and upon receiving grants to 099) become a member of the National Association of FTZ Association. 8. MO 6105 awarding agreement with American Asphalt Co., for$457,124.11, for the (136- amrual street slurry seal program, CP97-16 A3913. 035) 9. MO 6106 approving construction change order#1 to G &M Construction for an (117- increase of$98,051.63 for underground storage tank removal and replacement, A3902. 008) 10. MO 6107 approving settlement agreement with AUState Insurance Company regarding (056- Assessment District 155. A3914. Form of agreement subject to City Attorney approval. 009) 11. MO 6108 approving settlement agreement with Stone &Youngberg regarding Assessment District 155, A3915; form of agreement subject to City Attorney approval. (056- 009) Council Mintues 2-18-98, Page 4 12. Res 19200 approving Resolution of Intention regarding City efforts to apply local clean (123- air subvention funds toward purchase of smog free vehicles in 1998/99. 011) 13. Res 1920t approving a revised master agreement between the Slate of California and the (090- City For Federal Aid Transportation Projects, A1459. 001) 14. MO 6109 approving a Joint Agency agreement proposed by Riverside County and (136- ' CVAG to provide funding for the project study reports for future interchange 027) reconstruction on Interstate 10 at Indian Canyon, Gene Autry/Palm Drive, Date Palm and Ramon Road interchanges, A3916. 15. Res 19202 approving Payroll Warrant, and Res 19203 approving; Claims & Demands. (086- 016) ABSTAIN: Name Warrant# Payee Particedarl Nature of Conflict Reller-Spurgin #929165 Spurgin Spouse: City Attorney noted that there was an additional meeting at 5 p.m., this date, in which agreement was reached on all points concerning the settlement agreements in Items 10 and 11; and recommended approval, subject to his approval of the final language; and form. It was moved by Oden, seconded by Barnes, and unanimously carried, Hodges absent, that Res 19199 through 19203, and MO 6100 through 6109 be adopted, with abstentions as noted. MO 6107 and 6108 were adopted upon motion by Oden, seconded by Reller- Spurgin; and Res 19200 was adopted upon motion by Klehrdienst, seconded by Oden, following comment of clarification by the Mayor. ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests 16. Review of CVAG Schedule of Meetings Following a review of the various CVAG subcommittee assignments and meeting schedules; Councilmember Barnes staled he would serve as member to the Energy & (070- Environnent Committee, and would participate in its meetings, as well as those of the 003) Human and Community Resources Committee, via teleconferencing. Director of Planning & Building stated that the two mountain conservancies are now one body; name to be provided to the City Clerk. City Manager asked that CVAG also be apprised that Barry Freet, Fire Chief, is the staff support for the Public Safety Committee. PUBLIC reports or requests - None STAFF reports or requests - None There being no further business at 8:35 p.m., the Mayor declared the meeting adjourned to a ' Closed Session, concerning the personnel matter shown on the Closed Session of this date, regarding evaluation of the City Manger; and upon reconvening, it was reported that no action was taken; after which, the meeting was further adjourned to February 24, 1998, at 4 p.m., Studio B for Closed Session, and workshop. 01TH SUMICH City Clerk