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HomeMy WebLinkAbout1992 - MINUTES - 12/2/1992 CITY OF PALM SPRINGS CITY COUNCIL MINUTES DECEMBER 2, 1992 A Regular Meeting of the City Council , of the City of Palm Springs, California, was called to order by Mayor Maryanov , in the Council Chambers, 3200 Tahquitz Canyon Drive, at 7:30 p.m. ROLL CALL: Present: Councilmembers Hodges, Lyons, Reller-Spurgin Schlendorf and Mayor Maryanov Absent: None The meeting was opened with a Salute to the Flag and Invocation by Dr. Ann Martin, Unity Church of Palm Springs REPORT OF POSTING OF AGENDA Report of Assistant City Clerk: Agenda posted in accordance with Council procedure on November 25, 1992. PRESENTATIONS Mayor presented Appreciation Certificates to Former Board & Commission Members. COMMUNITY REDEVELOPMENT AGENCY, HOUSING AUTHORITY, FINANCING AUTHORITY, AND INDUSTRIAL DEVELOPMENT AUTHORITY - No Business PUBLIC HEARINGS: None PUBLIC COMMENTS: a) Comments re Matters not on the agenda George Goldberg, P.O. Box 4156, complemented Councilmember Schlendorf on her recent comments in the Desert Sun regarding the name of the Palm Springs Desert Resorts Convention Visitors Bureau; and expressed the opinion that the Mayor should be recalled, and that some Councilmembers have a conflict of interest by doing business with the City. Josephine Rago, 85 Athens, Rancho Mirage, stated that there is a concern regarding transportation available at the Airport for disabled persons; that Sundial was contacted for transportation, but that they do not pickup after 5 p.m. ; that taxicabs do not have the equipment needed to handle wheelchairs; that after repeated calls to various transportation services, a person was located that agreed to pickup the wheelchair disabled person, but that she had to pay a licensing fee to the Airport to allow the pickup; in addition the cost from the provider was high; that calls were made to the Airport staff for assistance regarding company that could provide the transportation, but the only option available was for her to pay the cost of the license for the provider, in order to secure transportation; that it is difficult to handle wheelchairs in a proper manner; and that consideration should be given by the Airport staff when a onetime use is needed. Frank Coffee, 2127 Brentwood, stated that with the newly implemented fee of $3 for arrivals and departures, the Airport estimates generating an additional $51 million in revenue; and that part of that revenue could be designated for the handicapped, Council Minutes 12-2-92, Page 2 PUBLIC COMMENTS (Cont'd) Gary Bostworth, P.O. Box 366, stated that the circumstances described by Mrs. Rago were disgraceful ; that the City has a responsibility to the disabled; that a tourist would not know who to call for transportation; that at the last meeting there were comments regarding curb cuts on North Palm Canyon; that there were 70 areas in the sidewalks that were replaced; that 2 of the areas were close to where curb cuts could be located; and that definite Council direction should be given to staff. Fred Ebeling, stated that Ms. Rago's comments were a disappointment for the community; that concern needs to be expressed for the disabled tourist;; that the budget is confusing; and that the City is undermining the budget, by not addressing the needs of all tourists. Joan Gattuso, stated that businesses move to Palm Springs for the name and the climate; that if a business is located in another area and uses the name Palm Springs, they should move here; that something needs to be done for the economy of Palm Springs; that an emphasis on marketing needs to be made; that more Transit Occupancy Tax should be diverted t-o marketing; that the tax is in place and should be used to benefit the downtown area; and that in her opinion, if the Council does not do something to bring the marketing to the downtown area, the businesses will move. Ken Irwin, 1077 Via El Monte, stated that for the past ten years he has been active in the CVB; that the name of Palm Springs is important to the City, but that the joint effort of the CVB is even more so; that the name of Palm , Springs is an important one, and that is why everyone wants to use it; that the Valley needs to maintain a cooperative effort; that the City of Palm Springs needs tourists; that some would say the Palm Springs market does not compete with the down-valley market, but that all cities are competing for the tourist's dollar; and that in his opinion, the down valley operators should not be using the name of Palm Springs. Jim Shaw, 1420 N. Indian Canyon, stated that he has a big investment in Palm Springs; that he bought a business in Palm Springs for the name; that he owns his property, pays taxes, and is entitled to use the name of Palm Springs; that direction was given by the Council to the Mayor to request the name change to Palm Springs and Desert Resorts Convention Visitors Bureau; that withdrawal was not mentioned until the Mayor pressed the issue; that the split funding does not include small hoteliers in the proposed advertising program; and that the City Council is not supporting the people. Eric Langman, 333 South Palm Canyon, stated that alternatives could be considered for the name change, i .e. , Palm Springs Area Convention Visitors Bureau, Greater Palm Springs Convention Visitors Bureau; and suggested that a compromise be considered. Bob Weithorn, 261 Belardo, stated that a compromise should be sought by the Council ; that an article in the LA Times mentioned various hotels located in Palm Springs, none of which are located in the City; that a middle ground needs to be found; and that it is his understanding that some Councilmembers and businesses have received threatening letters concerning the name change of the CVB. Council Minutes 12-2-92, Page 3 LEGISLATIVE ACTION: 1. TRACT 17043 - EXTENSION OF IMPROVEMENT SECURITY On November 18, 1992, the Council continued to this date consideration of staff recommendation that the Council approve an amendment to the Subdivision Improvement Agreement with Palm Hills Land corp. , concerning Tract 17043, and approve substitution of improvement securities therefore. Staff recommended approval since the project continues to be consistent with the General Plan policies and goals; that it will allow continuation of 'the City's evaluation of the area and future negotiation with the developer; and that securities for the agreement will not otherwise exist if the substitution is not approved. City Attorney stated that negotiations regarding the securities have been concluded; that the substitution for securities will involve title insurance for the property; that in the past, the City held a deed of trust for the property, and personal guarantees; that in addition to the title insurance and deed of trust for $5 million, respectively, there will be personal guarantees; that under the Subdivision Map Act, the developer must have (137- improvement security; that the already approved subdivision 015) map requires various infrastructure improvements; that the approved infrastructure may not comply with the updated General Plan; that the developer is willing to move ahead to install the infrastructure at this tilme; and that if the securities are not approved, the City could determine default and be required to install improvements and that recommendation for the substitution is requested. Councilmember Hodges questioned if the current agreement allowed for extensions. City Attorney stated that he is unaware of any extension conditions. Resolution 17995 as recommended was presented; after which, it was moved by Schlendorf, seconded by Lyons, and carried by the following vote that R17995 be adopted. AYES: Lyons, Reller-Spurgin, Schlendorf and Maryanov NOES: Hodges ABSENT: None 2. TRI-CITY AGREEMENT RE CITY BOUNDARIES Staff Recommendation: That the Council authorize the Mayor to execute an agreement with the Cities of Desert Hot Springs and Cathedral City, regarding shared long-term boundaries between Palm Springs, Desert Hot Springs and Cathedral City, to resolve current and future boundary (054-( conflicts between the three cities - (A3174). 007) Director of Planning & Zoning reviewed the staff report and added that there could be some flexibility in the boundaries of the map should the Council desire:; and proceeded to outline the boundary lines on the aerial map. Resolution 17996 as recommended was presented; after which, it was moved by Lyons, seconded by Hodges, and unanimously carried, that R17996 be adopted. Council Minutes 12-2-92, Page 4 LEGISLATIVE ACTION: 3. TRAFFIC SIGNAL INTERCONNECT PROJECT - PALM CANYON DRIVE Staff Recommendation: That the Council approve agreement with Mohle, Grover & Associates, for design and contract administration for the traffic signal interconnect project on Palm Canyon Drive, between Tachevah and Cherokee, for $67,500, paid from grant funds, thereby providing a more efficient and smoother flow of traffic, a Song-standing City Council goal - (CP92-02, A3175). (130- Director of Public Works reviewed the staff report, and 001) added that the funding is obtained through grants. Councilmember Hodges questioned the availability of funds through the grant to implement curb cuts. Director of Public Works stated that funding for handicapped access should be obtained through the American Disability Access project. Councilmember Hodges asked the City Manager to research availability and usage of grant funds. Minute Order 5114 as recommended was presented; after which, it was moved by Hodges, seconded by Lyons, and unanimously carried, that M05114 be adopted. 4. GETAWAY GOLD PROMOTION Staff Recommendation: That the Council approve the follow- ing documents pertaining to the Getaway Gold promotion: Contract services agreement with Tom Pettit Associates for creation, implementation and monitoring of the program; hotel participation agreement; retailer coupon book partici- pation agreement; account: agreement with First State Bank; and service agreement with First State Marketing Corp. , in order to generate tourism to Palm Springs and link together hotels, retailers and restaurants in a program that encourages visitors to spend money in Palm Springs. 050- (A3176 through 3181. ) 001) Tourism Director reviewed the staff report, and no further report was given. In answer to question from Council , he stated that the programs are different from the promotions by the Palm Springs Desert Resorts Convention Visitors Bureau. Minute Order 5115 as recommended was presented; after which, it was moved by Hodges, seconded by Lyons, and unanimously carried, that M05115 be adopted. Council Minutes 12-2-92, Page 5 LEGISLATIVE ACTION: 5. UNITED KINGDOM MARKETING Staff Recommendation: That the Council authorize renewal of a contract with First Public Relations, London, to market Palm Springs in the United Kingdom at a coast of $28,500, from December 1, 1992 through June 30, 1993; because the agency has produced measurable results in increasing British tourism to Palm Springs, and it will (050- be executing on-going marketing programs in the remainder 004) of the fiscal year. Tourism Director reviewed the staff report and added that the matter was not included in the 1992-93 fiscal year budget; that funds were available in the Tourism Budget to cover the costs; and that the Visitors and Promotion Board voted unanimously to approve the contract. Mayor stated that he had met with the tour group representatives from the United Kingdom; that they enjoyed being in Palm Springs; and that a tape had been cut by the group for advertising on Scottish radio,. Minute Order 5116 as recommended was presented; after which, it was moved by Lyons., seconded by Schlendorf, and unanimously carried, that MO5116 be adopted. 6. MUNICIPAL CODE AMENDMENT - WASTE DISPOSAL Staff Recommendation: That the Council approve additions, deletions, and amendments to Chapter 6.04 of the Municipal Code concerning waste disposal/recycling, to bring the code into conformation with the State Integrated Solid Waste Management Act of 1989, which mandates recycling; and with the contract hauler' s (P.S. Disposal ) agreement by identifying personnel and services necessary to meet the mandates, and which allows all agencies involve in the process of complying with the Act to do so 'in an effective manner. Recycling Coordinator reviewed the staff report, and no (103- further report was given. 001) Assistant City Clerk read Title of Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 6.04, HEALTH AND SANITATION PORTION OF THE MUNICIPAL CODE SECTIONS 6.044.010, 6.04.020, 6.04.030, 6.04.040, 6.04.070, 6.04.080, 6.04.090, 6.04. 110, 6,04. 120, 6.04.130, 6.04. 140, 6.011. 145, 6.04.180, 6.04. 190, 6.04.200, 6.04. 210, 6.04.215, 6.04.230, 6.04.232, 6.04.234, 6.04.24.5 AND 6.04.250 CONCERNING WASTE DISPOSAL TO ADD PROVISIONS RELATED TO RECYCLABLES, ADDING SECTIONS 6.04.015, 6.04.212, 6.04.260 AND 6.04.270 AND DELETING SECTIONS 6.04.040, 6.04.060, 6.011. 100, 6.04. 150, 6.04. 160, 6.04. 170, AND 6.04.175. after which; it was moved by Hodges, seconded by Lyons, and unanimously carried, that further reading be waived and that the Ordinance be introduced for first reading. Council Minutes 12-2-92, Page 6 ADDITIONAL LEGISLATIVE ITEMS: Satisfied agenda posting requirements. A7. P.S. YOUTH CENTER: Recommendation: That the Council accept as a gift From the Palm Springs Youth Center the property located at 3601 East Mesquite Avenue. Director Parks, Recreation and Golf Course requested that the City Manager be authorized to sign the acceptance in a form subject to City Attorney approval ; and noted (109- that the title search will show any outstanding loans 005) on the property. Councilmember Lyons stated that the Center has been a part of the community for 50 years; that it is essential to promote proactive youth programs; that it is important to ensure that the youth of the community grow in an ethical manner; and that in addition to public funding, private funding must be established to keep the center open. Resolution 17997 as recommended was presented; after which, it was moved by Lyons, seconded by Schlendorf, and unanimously carried, that R17997 be adopted. B7. MUNICIPAL CODE AMENDMENTS - PUBLIC ARTS Staff Recommendation: That the Council approve three amendments to the Municipal Code regarding Public Arts to establish the Public Arts Commission's spending limitations, provisions related to the letting of contracts and establishment of regulations under which developers (103- may apply for and receive up to 50% return of their arts 001) fees for their use of providing public artworks. These changes will clarify the Commission's authority in the administration of the Public Arts Program. Staff Liaison to Public Arts Commission reviewed the staff report, and added that the City of Palm Desert has a cap of $50,000 on fees related to a single development. Councilmember Lyons stated that the Public Arts fee is likened to a penalty; that Palm Springs is in an identity crisis; that the crisis is the result of bad political and economical decisions; that many businesses have chosen other locations due to the fees that Palm Springs has; that the fees do not encourage businesses to locate here, and have driven many downvalley, i .e. , Walmart, Factory Outlet Stores, Mervyns, and the Hard Rock Cafe; that the City needs to get back to basics; and that the developers cannot continue to be "slaughtered with fees". Councilmember Hodges stated that there is concern about the fees; that there should be a cap; that the opposition is not to the fee, but in the way it is being implemented; and that Council should consider a restudy of the concept. It was moved by Hodges, seconded by Reller-Spurgin, and unanimously carried, that the matter be restudied at the next Study Session. City Manager requested that the subject. item be withdrawn, to allow staff additional time. It was moved by Hodges, seconded by ,Reller-Spurgin, and unanimously carried, that the matter be withdrawn. Council Minutes 12-2-92, Page 7 CONSENT AGENDA: 8. Res 17998 amending the Allocated Positions and Compensation Plans to reassign and consolidate several '.Functions out of the City Manager's Department into the Department of Marketing (061- and Tourism, to streamline the City Manager's Ofl ice and 013) indicate an emphasis on marketing and tourism - no change in the number of allocated positions, nor in salary ranges. 9. MO 5117 and 5118 consenting to assignment of Leases Nos. 2528 and 2529 with Peacock-Radaker Corporation to the Peacock-Radaker Income & Opportunity Fund, Ltd. , consistent with the terms of the leases which provides that assignment (051- shall not be unreasonably withheld (Note: leases relate to 050) city-owned airport property located north of City Nall , between El Cielo and Civic Drive, known as the Airport Park Plaza). 10. Res 17999 declaring intent 'to vacate a 230 ft. portion of Bisnaga Road, between Araby Drive and Cholla Place, in Section (145- 25, at request of adjacent property owners since the road 001) is not needed now or in the future for street purposes; and setting hearing thereon for January 6, 1993. 11. Res 18000 approving payment of Payroll Warrants, and Res 18001 approving Claims & Demands. (Note: City Manager responded (086) to questions raised regarding purpose of a number of warrants, and the Treasurers Revolving Account, which are a matter of public record, and on file with the Director of Finance. It was moved by Lyons, seconded by Hodges, Reller-Spurgin abstaining on Resolution 17801, that R179198 through 18001 and M05117 and 5118 be adopted. ADDED STARTERS: (Note: This matter was discussed at the beginning of the meeting, and is shown here for record purposes. ) 12. PALM SPRINGS DESERT RESORTS CONVENTION VISITORS BUREAU BYLAWS Mayor stated that the CVB bylaw issue needs to be added to the agenda for further discussion; that at the Study Session of December 1, 1992, Councilmember Reller-Spurgin indicated a different view regarding her position on the name change; that consensus for withdrawal if the name is not changed to include "and", could not be changed without further direction; that the meeting for the JPA Executive Committee has been called to December 7, 1992; that in order to represent the Council direction, (050- clarification is needed; that the discussion at the Study 008) Session was for direction, that a request: be made to the CVB to change the name of the CVB to Palm Springs "and" Desert Resorts Convention Visitors Bureau; that study session consensus was that if the name is not be changed, the Council will entertain possible action to withdraw from the CVB; that after Councilmember Reller-Spurgin's comments on December 1, the issue of withdrawing is no longer supported at this point. Councilmember Schlendorf stated that comments made by Councilmembers at study session:, when teh subject is not on the agenda, is not direction to the Mayor; that the matter was scheduled for discussion, direction given, and that the Mayor should carry out the Council ' s direction; that the none agreed that Palm Springs should withdraw, rather the discussion was that somethings should be done regarding the name; that withdrawal was only mentioned when the issue of the name change was pressed to that point by the Mayor; that the direction was if the name is not changed, then Palm Springs should not vote for ratification of the bylaws of the CVB. ( 'ry Council Minutes a 12-2-92, Page 8 12. PALM SPRINGS DESERT RESORTS CONVENTION VISITORS BUREAU (Cont'd) Councilmember Lyons stated that Councilmember Reller-Spurgin's position has changed, and that technicalities are being used for giving the direction to the Mayor. Mayor stated that there is some confusion, and the CVB is adamant that the name will not be changed; that the direction from the Council was that the name be changed to include "and" in the name; and that conflicting interpretations of the direction are now being given; that clear direction is needed; and that the item should be added to the agenda for further discussion. Councilmember Lyons stated that the comments expressed by Councilmember Reller-Spurgin at the last study session, indicates that her position has changed, resulting in a change of view of the majority of the Council . Councilmember Hodges stated if the intent is for further discussion, the matter should be added to the agenda. City Attorney stated by adding the item to the agenda, the Council would be making the finding that the need for consideration arose subsequent to the posting of the agenda. Mayor stated that notification of the change in the CVB meeting to Monday, December 7, 1992, justifies adding it to the agenda. Councilmember Schlendorf stated two weeks ago the item was on the agenda, and time was given to discuss the matter, that direction was given; that moving of the JPA Executive Committee meeting does not change the direction of the Council . Mayor stated that with the comments from the December I Study Session, and those being made now, the direction is confusing, and clarification is needed. Councilmember Schlendorf stated the direction is that the Council is not satisfied with the bylaws regarding the name, and that it is important to the Council that serious consideration be given by the members of the CVB to the name change; a Councilmember vacillating on a vote does not constitute an emergency; that at the Study Session the Mayor stated that direction was clear and that the tapes of the meeting are available for review. Mayor stated that he does not understand the direction given. Motion by Lyons, seconded by Reller-Spurgin, to add discussion of the CVB bylaws to the agenda failed by the following vote. AYES: Lyons, Reller-Spurgin, and Maryanov NOES: Hodges and Schlendorf ABSENT: None Council Minutes 12-2-92, Page 9 REPORTS & REQUESTS: CITY COUNCIL reports or requests a) Councilmember Schlendorf stated that the hearing for the dissolution of the Downtown Business Improvement District should be set as soon as possible. Finance Director stated that the matter will be presented to the Council on December 16. 1992. b) Councilmember Hodges requested a staff report concerning curb cuts. PUBLIC reports or requests a) Frank Coffee, commended the Council , and stated that despite criticism, it is a productive body, and his service to the City is offered. STAFF reports or requests a) City Manager reported that a facilitator had not been secured for the Council retreat scheduled for December 5, 1992, and recommended moving the date to January 23, 1992. ADJOURNMENT There being no further business, Mayor declared the meeting adjourned. JUDITH SUMICH I<' 1 erk ' By: PATRICIA A. SANDERS Assistant City Clerk