HomeMy WebLinkAbout1992 - MINUTES - 11/24/1992 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
NOVEMBER 24, 1992
An Adjourned Meeting of the 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 Tuesday, November 24, 1992, at 3 p.m.
ROLL CALL; Present: Councilmembers Lyons, Hodges, Reller-Spurgin,
Schlendorf, and Mayor Mar,y anov
Absent: None
REPORT OF POSTING OF AGENDA:
City Clerk reported posting of the agenda in accordance with Council
procedures, on November 20, 1992, and that there were no additional
legislative items.
PUBLIC COMMENTS:
a) The following persons spoke concerning the P.S. Desert Resorts
CVB (PSDRCVB):
Eric Langman, P.S. Hotel Association, stated that the name "Palm
Springs" is unique and a lot of money has been invested in it, and
it should be copyrighted, in order to control its use by others; that
other cities advertise and promote their names, but still want the
benefit of using "Palm Springs"; that the Hotel Association the use
of the word "and" should be included in the name of the CVB,
i.e., Palm Springs and Desert Resorts CVB, and if the City pulls (0501-
out of the JPA at some future time, its name should go with it, and 008)
the Association supports retaining voting rights on monetary
matters during the last year of participation in the JPA.
Bob Weithorn, Orchid Tree and also P.S. Hotel Association,
concurred with comments by Mr. Langmani, and added the cost of
pulling out of the JPA is transitory, but leaving the name of Palm
Springs is an on-going identity penalty, and the distinction is
essential; that to vote against protecting one's name in the private
sector would be a potential conflict of interest; and that some of the
hotels have received letters that they will not be receiving leads
from the CVB because they are not paying the additional fees, and
that issue needs to be discussed.
LEGISLATIVE ACTION:
1. HUMAN RIGHTS ORDINANCE ((Introduced 11-18-92)
City Clerk read title of Ordinance 1428, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTION 2.45.030 (b) OF THE
PALM SPRINGS MUNICIPAL CODE CONCERNING TERMS (060-
AND VACANCIES ON THE HUMAN RIGHTS COMMISSION. 027)
04 -15
Council Minutes
11-24-92 Page 2
1. HUMAN RIGHTS ORDINANCE (Continued)
It was moved by Schlendorf, seconded by Roller-Spurgin, and
unanimously carried, that further reading be waived, and that Ordinance
1428 be adopted.
2. GROWTH MANAGEMENT STRATEGY FOR RIVERSIDE COUNTY
Staff Recommendation: That the Council support the Growth Management
Strategy for Riverside County, subject to expressing certain areas of
concern to the Board of Supervisors; in order to create an effective growth
management program for the County, and to demonstrate to State
Legislators that a proactive role is being taken in dealing with growth
management issues.
Director of Planning & Zoning reviewed his report, and added that this
mater was reviewed at two study sessions, and addresses four general
points: land use on a regional basis; government organization - with intent (123-
to remove the County from urbanization - eliminate sprawl; financial 001)
servicing - intent to keep quality high; and services and planning. He
stated that the proposed resolution is not identical to that of CVAG, but
is recommended for adoption. In answer to question by Council, he stated
that the plan is a strategy and not a planning document, and should be
entered into with the reservations that are noted in the resolution; that the
County takes a more active role in annexation, e.g., fiscal impact, return
to the County of dollars for new roads built by it; and that he felt the
strategy will encourage annexations, not discourage them.
Resolution 17994, approving the Strategy, with reservations, was
presented; after which, it was moved by Hodges, seconded by Schlendorf,
and unanimously carried, that R17994 be adopted.
3. P.S. DESERT RESORTS CVB BYLAWS
At the last study session, the Mayor requested that Council provide
direction concerning the issues of. a) deleting the name of Palm Springs
in the event it withdraws from the Joint Powers Authority; b) creating a
new name of Palm Springs and Desert Resorts Convention & Visitors
Bureau; and c) of retaining voting power upon notice of termination, but (050-
limited to matters of monetary consideration. 008)
Mayor reported receipt of letter from Marcia Craig, and signed by
seventeen other merchants, concerning the use of the name of Palm
Springs, and adding the word "and" to the CVB name, which he read in
full. He noted that originally the CVB requested an increase from .6% to
1.4% of room revenue; that a change in the formula was requested, which
would impose .8% on convention type hotels, and split fund for non-
convention hotels of.6%, which was a combine 1.4% increase generating
$2.5 million, and equalized Palm Springs and Palm Desert funding, in that
Palm Springs has a very large number of non-convention hotels; that other
bylaws changes must be made as a result thereof, that a committee was
created to review those recommendations; that in changing the funding
formula the convention hotels were asked to agree to the .8%
Council Minutes
11-24-92 Page 3
3. P.S.D.R.CVB (Continued)
increase to cover additional participation costs, and that it would be
readdressed at the end of the 92-93 year to see if there was a willingness
to continue it; that amendment to the bylaws must reflect that agreement
(to which the task force agreed); that the task force also agreed to items
a) and c) as above noted; that it did not agree to adding the word "and"
to the name of the CVB because the name was neg tiated when the CVB
was created and was done so from the strong point by the City of Palm
Springs and was the name negotiated for by the prior Council;; that the
City of Palm Springs received what it wanted, and now would be asked
for it to be changed; that it was felt to be very costly and time consuming
to change stationery, displays, etc., and questioned if it still remains an
issue.
Councilmember Schlendorf stated that she felt it was worth pulling out of
the CVB if it means getting the recognition of the iname of Palm Springs;
that it is not a big cost item to change the namme; that material that
promotes the entire Valley uses portrays that it is Palm Springs; that in
many cases the merchants and hotels are heavily promoted, except those
in Palm Springs, and it is unfair treatment and an overuse of Palm
Springs' name; that if the City does not take the position that it is not the
JPA who decides who will use Palm Springs' name;, then the City is giving
away its power over what it owns; that there must be a decisions made to
protect the merchants, arid the luxury of being on Palm Canyon Drive; that
otherwise the name is being given away, and allows using Palm Springs
in very large letters, and the remainder of Desert ]Resorts CVB in smaller
letters, which is misleading to the reader; that she favored making a
statement to the JPA members that it must not mislead, and that due time
could be given in which to covert collateral materials
Mayor questioned how adding the word "and" solves the problem, or stops
CVB from advertising Palm Springs and listing hotels as it is now doing.
Councilmember Schlendorf stated that the word "'and" means there is a
difference between Palm Springs and the "desert, resorts", otherwise it
appears that the desert resorts belongs to Palm Springs; that the word will
cause people to look at it, and discern the difference; that the name
originally was negotiated because the Desert Resorts CVB had financial
problems and Palm Springs agreed to let them join, and since the City was
putting up a lot of money without knowing if the other resorts would stay,
it wanted to retain the name; that it is time to change control of the name,
since the situation is not the same as it was then.
Councilmember]Lyons stated that situation creates a "tempest in a teapot"
and adding the word "and" does nothing; that 'he did not think people
read the letterhead on stationery; that he agreed that others need to be
stopped from using the name Palm Springs in ads when that is not
appropriate; that every issue of the CVB hinges on its performance; that
he felt the name issue was out of proportion, and the City got what it
wanted initially; that this may be a deal breaker; that review of the CVB
Council Minutes
11-24-92 Page 4
3. PSDRCVB (Continued)
performance needs to be done first; that the City should trademark its
name and charge for its use; and that the City should be pressing for the
CVB not to misuse the name.
Councilmember Hodges stated that the City may not have another
opportunity to change the name for 3-10 years; that if it is a deal breaker,
so be it; that she agreed with Councilmember Schlendorf, and felt there is
a big difference when adding the word "and" which separates the entities
in a distinct way, and the Council must protect the Palm Springs entity;
that the CVB continues to misuse the name; that "Palm Springs" sells
whatever happens in the Valley; and they could be given the time to
change logo, etc.
Mayor stated he did not disagree on protecting the use of the name, and
agreed on trademark idea, and agreed on looking at performance
standards; that he has problems with Doubletree Hotel and Sun City Palm
Springs using the name, but did not equate that to "Palm Springs" as part
of the CVB name; that dollars go towards promoting the name, e.g.,
"Good Morning America" program aired from Indian Wells but was
presented as coming from Palm Springs, and that is important also; that
he did not think the original name was because the other resorts were
weak; that he did not take issue with the basic premises of stopping the
CVB from misusing Palm Springs by calling other locations or facilities
as being in Palm Springs, but did not see how adding the word "and"
cured the problem.
Councilmember Hodges stated that why the name was originally created
is in the past, and that leaving it is as it today is not in the best interest of
Palm Springs, and adding the word "and" makes the distinction that is
needed.
Councilmember Schlendorf stated that the "Good Morning America" show
was done with the thought that the entire Valley is Palm Springs, and in
fact referred to a common practice of calling Palm Springs as the "old
Palm Springs"; that if it could not have used the name "Palm Springs"
then perhaps it would have originated from one of the Palm Springs hotels,
and not the Stauffer; that until the City fights for its identity, it will
continue to have an identity crisis, and business will go down valley; and
that she felt it was an extremely important issue and an extremely
important distinction.
Councilmember Reller-Spurgin stated that the spacing is essential in order
to add the word "and" to make the distinction apparent; that it is currently
arranged to look like a "Palm Springs" logo; that the cost of paper
conversion is very small; that it someone else's name is used, there is a
cost for doing so.
Mayor questioned whether the Council in advocating including the word
"and" also advocates withdrawal if it is rejected.
Council Minutes
11-24-92 Page 4
3. PSDRCVB (Continued)
Councilmember Lyons stated that if performance; review shows that the
CVB has brought a lot of revenue and conventions to Palm Springs, to
withdraw would be shooting one's own foot.
Councilmember Schlendorf stated that legal counsel would be needed as
to how to support that position; that the new funding was based on
securing a new JPA; that thus far, it has fallen back on giving the small
hotels leads as promised; and that all advertising is going to advertising
agency, and it is not working as planned.
Councilmember Hodges stated that the decision on withdrawal should not
be made at this time, but the direction should be to support the separation
of the name, with understanding that there is a good possibility that the
City will pull out; that it must support its position with conviction, and if
that is not successful, then it will be necessary to deal with the
ramification.
Councilmember Realer-Spurgin stated that the Council should stand behind
its commitment to provide a one-year notice.
Mayor stated that he has already tried that approach, in that the name
change was presented to the JPA task force, and it said No; that in his
opinion, the choice is then to "lay down the gauntlet", and again
questioned if the Council was willing to withdraw from the JPA if the
name is not changed.
Councilmember Schlendorf stated that a better reason that the cost of ads,
booths and graphics is needed, e.g., why is it important for other cities to
use the Palm Springs name.
Councilmember Hodges stated that she felt it was evident why they would
want to use the name
Councilmember Reller-Spurgin stated that the Council was elected to do
what is in the best interest of the City.
Mayor stated that $3 million is spent to advertise the Valley, and
questioned if it is in the City's best interest to go away with $700,000; and
that he would like to hear from the larger hotels as to what theii, position
is.
Councilmember Reller-Spurgin stated that negotiation was tried, and
perhaps if the Council's firm commitment is known, the "gauntlet" may
have to be dropped; and that the larger hotels probably would like to have
had the "Good Morning America" show.
Councilmember Schlendorf stated that it is not just a hotel issue; that it
effects economic development if the City pulled out; that the Convention
Center staff secured more leads than the CVB over a 3 year period; that
if the City pulls out, it should be when the cost is only $400,000; that the
money is being spent to advertise the Palm Springs name, and she did not
Council Minutes
11-24-92 Page 5
3. PSDRCVB (Continued)
feel there was any job that was being done that the Convention Center
could not be doing.
Mayor stated that he would like a report from CVB with the Council's
critique of performance, and then bring the issue back again.
Councilmember Hodges stated that three members of the Council are
expressing support for the position, and asked for the Mayor's conviction
that he will express that view as the desire of the City Council.
Councilmember Reller-Spurgin stated that the position must be supported
and done so in a strong manner; that the one-year commitment must be
honored; and that the performance has not been review since July, and that
needs to be done; and that she supports that withdrawal may be on the
line.
Mayor stated that the Council's direction is clear, and that he would still
like to get a report from the CVB on what it has accomplished, because
even if the name is changed, the City can still pull out, i.e., what is being
done for the small hotels.
Councilmember Schlendorf stated that a letter was sent to the small
hoteliers from the CVB, which gave a refund and offers free membership,
per prior understanding, but offers no benefits, i.e., leads which was
portrayed to be the case.
Mayor commented that the letter needs to be investigated, as well as what
is offered to other non-city members.
Mr. Weithorn expressed his view that there has been an error in
semantics, i.e., convention and non-convention hotels and group hotels,
e.g., Mr. Baker's hotel does group business, but is not a convention hotel.
Councilmember Reller-Spurgin noted that Mr. Baker did not want to have
to pay the .8%; and Mr. Langman noted that Mr. Baker was a member of
the CVB before and did not feel he derived any benefits.
(Note: No specific motion was adopted, majority of Council expressed
position to direct Task Force representative to strongly support name
change to Palm Springs and Desert Resorts CVB, recognizing potential
ultimatum to later be considered).
ADJOURNMENT
There being no further business, Mayor declared the meeting adjourned.
— 'JUDITH SUMICH
City Clerk