HomeMy WebLinkAbout1998 - MINUTES - 3/18/1998 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
MARCH 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 Taliquitz Canyon Way, on Wednesday,
March 18, 1998, at 5:30 p.m., at which time, the City Attorney atmounced 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, Odell, Reller-Spurgin, and
Mayor Kleindienst
Absent: None
The meeting was opened with the Salute to the Flag, and an invocation by Jessica While, Bahai'
Faith.
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on March 13, 1998.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) - See items on Page 4 of agenda this date.
PRESENTATIONS: Certificates of appreciation from U.S. Capitol Police Chief, presented by
the Mayor to Aviation Department staff members for their work in meeting the needs of the
Congressional delegation which attended the funeral services of Congressman Sonny Bono. Staff
members: Wedekind, Williams, Palmer, Fitzsimmons, Lopez, Lincoln, Gentry, Magda, Breilan,
Riddle.
HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING
AUTLORITY: COMMUNITY REDEVELOPMENT AGENCY - No Business
' PUBLIC HEARINGS:
1. C.U.P. 5.0768 - DAVE'S JEWELRY & LOAN
Recotmnendation: That the Council bear all appeal concerning Planning Commission denial
on February 11, 1998, of an application for a Conditional Use Permit to allow a pawn shop (078-
for the property located at 725 N. Palm Canyon Dr., C-I Zone, Section 10. 070)
Director of Planning & Building reviewed details of his report, noting that the business has
operated for over 30 years, first by right-of-zone on the east side or Indian Canyon Drive,
until the property was acquired and she was forced to vacate the premises; that the
Redevelopment Agency leased the property across the street to the owner, after the City
adopted air urgency ordinance, to allow it at that location, on a temporary basis while she
found another location, and while the City reviewed appropriate zoning for pawn shops;
that the most recent atnendmenl allows the use in the C-1, which includes portions of North
and South Palm Canyon Drive, subject to a Type I CUP (final with Planning Commission,
unless appealed); and that the Commission by a 4-1-0-1 vote, denied the permit, and the
applicant filed an appeal. He explained the surrounding uses at the proposed location, and
stated that the operation would be Monday-Saturday, 9 a.m. to 5 p.m.; and that the Council
may uphold, overrule, or modify the Commission's action, but if it approves the permit, it
must make findings as required by the Municipal Code, as reflected in his staff report. He
stated that the Police Department investigation shows the applicant has complied with state
and local reporting requirements and there has been no problem in the past as to the
merchandise sold at this facility. He slated the Commission felt that this business would be
a detriment to the current conditions of the up-town area, and not compatible with the type
of uses that might be associated there, or consistent with the General Plan proposed uses in
the area; and that a conditional use permit is a stringent land use tool, and can be subject to
revocation. In response to question by Council, he slated that information regarding
insurance was provided by the applicant, and was also provided to the Planing
Commission.
City Attorney stated that this is a matter of public hearing, and the Council decision is to be
based on testimony provided during the hearing.
Council Minutes
3-18-98, Page 2
Mayor declared the hearing opened.
Jay David Fisher, Rancho Mirage, stated that he originally opened the business on Andreas
between Palm Canyon and Indian Avenue, and then moved it to the Indian Avenue location
from which Ms. McMillan had to relocate; that having a pawn shop on both the north and
south ends of Palm Canyon Drive make them accessible to many people who have to walk.
Chuck Owen, resident, considered most of the furniture stores in the area as appalling,
although he thought many had fine items; that Dave's Jewelry & Loan (DJL) does not have
the look of a big city pawnshop, and is more subdued than the furniture stores; that he did
not think there were many residents within 400 feet, nor that a burglar would take goods
directly from the neighborhood to the pawnshop; that a pawnshop must be in a well-lit, and
safe area, and accessible to the general public.
Michael Azzarella, resident, stated he moved his business to Cathedral City because lie did
not consider Palm Springs to be, business friendly; that lie plans to expand his business; that
pawn shops help the Police Department, and do not create trine; and that Pawnshops
received less than one-tenth of one percent of stolen merchandise.
Larry Schoncite, Palm Desert, supported Ms. McMillan, and stated lie had a business in (078-.
Beverly Hills, and has found that pawnshops help surrounding businesses to prosper; are an 070:1
attraction to tourists; and lie questioned if there is a fear of competition by those who are
opposed, in that pawnshops can purchase estate items, and are regulated by the State.
Scott Reeder, Las Patinas Pets, 707 N. Palm Canyon, stated that pawnshops have a seedy
reputation, otherwise lie felt there would not be a need to relocate; that there are other
locations for them; that his customers take good care of his business, and he would not
want to lose them because of real or perceived ideas about pawnshops. ,
Liz Westenuan, submitted and read a letter describing her experience with DJL in 1993,
concerning items which had been taken from her home, a copy of which is on file with the
City Clerk.
Paul Gilman, resident, stated that mixed uses make for success of a business area; that he
and a friend were in the pawnshop when they heard a gun shot, or,what sounded like a gun
shot; that they were told it was a blank, however, they were afraid and left.
Bernardnie Siva, resident, stated that people who have opened businesses in this area have
worked hard to make them successful, and they are businesses which are conducive to the
resident area; that she does not want the type of people who frequent pawnshops to be in
her residential neighborhood; that boxes have already been moved into the proposed
location; that she favored denial of the use pennit, and felt all materials provided snake that
decision clearly the right decision.
Herbert Cordier, resident, stated lie lives around the corner from the subject site, and has
had a number of sculptures and automobile parts stolen over the past seven years; that the
street is poorly lit; and that the used furniture is now called something else, and perhaps the
words "pawn shop" hold a stigma, and they could call it something else.
Paula Smmners, Safari furniture, 803 N. Palm Canyon, felt that anyone new to the area
would consider a pawnshop as something with a negative connotation; that she ,spoke with
Ms. McMillan's sister, and felt harassed by her and threatened, and she filed a police
report.
Philip Tedesco, resident, stated that the area is C-1, but balled up niimediately by
residential; that pawnshops in Patin Springs are all right, and in areas like Sunny Dunes
where there is no residential, that would be acceptable, otherwise, it gives a negative
perception of Palm Springs, in particular, this is one of its finest residential areas
G.J. Silver, resident, concurred with the incident clesetibed by Mr. Gillman, above.
Z4°<f
Council Minutes
3-18-98, Page 3
Joyce Hadley Smith, resident, described a situation when she needed to use a pawnshop for
an urgent situation; and stated that there are other middle-class people who occasionally
need this kind of help.
Eleanor Corkle, resident, commented on perceptions and images, and stated that new
images and perceptions about uptown are happening, and are creating very inviting and
wonderful new images, and they being perceived in a new and positive way; that pawnshops
are not seen the same way, and it is not fair to existing businesses who have worked so hard
for these new perceptions; that residents also do not perceive it to be good for the
surrounding neighborhood; and she urged that it not be approved at this location.
W. Walter Boyd, resident, stated he recently purchased a home in Las Palmas less than one
block away hnnTediately behind the proposed location, and is spending a lot of money to re-
do it; that he found it difficult to consider that pawnshops are not welcomed in the
downtown, yet one is being considered in be located in the middle of the largest
concentration of personal wealth in the City; and if that occurs, lie felt many people, (078-
including himself, would move out; that lie has seen a lot of progress in the quality of 070)
shops and restaurants in the area, as well as the quality of shoppers.
Jun Hicks, resident, 701 N. Palm Canyon, stated he and his family have owned property in
this block since the 1930s; that the area deteriorated, and recently tbrough the Downtown
Development Center Director and others, it has undergone a lot of changes, and there is a
good mix of tenants; that he served on the Uptown organization, the North Palm Canyon
Improvement Committee, and fecls (here is a delicate balance to be maintained; and that he
urged upholding Planning Commission denial.
Marian Schoeneman, resident, expressed opinion that a person's best chance of recovering
stolen merchandise is because of pawnshops, in that a report of every item pawned, and the
person who pawned it, is submit(ed daily to the Police Department, which helps in the
recovering of stolen merchandise.
Joseph Schoeneman, resident, stated that pawnshops rill a certain need, and a person can
buy anything from keepsakes to yachts and Rolls Royces; that proximity of a pawnshop to
other businesses does not affect insurance, yet a restaurant business does affect
homeowner's insurance; that the Kemper study was a consumer research bureau study; that
he feels a pawnshop will add to the conurmruty and not affect the integrity of the
neighborhood, and will help local law enforcement.
Madeline Brechlin, resident, stated she has known Ms. McMillan for twenty-five years, and
finds her very trustworthy; that she had an office at 756 North Palm Canyon, and was
disturbed by unsavory people knocking on her door or window at aught; that many people
are helped by pawnshops; that the naune is a "jewelry and loan" and not a "pawnshop"; and
that she was surprised to Find a pet shop next door.
Chopsey Samuelson, resident and Real Estate Broker, also stated she has known Ms.
McMillan for twenty-five years, and considered treatment of her as shameful; that she felt
City politics are trying to put her out of business; that seedy people do not frequent the
shop; that judgment of people should not be on their appearance; that the location should
not be a place where people are afraid to get out of their car; that Ms. McMillan is a
respectable person; that there are no longer any major stores in Palm Springs, and it is a
city of bargain shops; and that people cannot sell their homes, or shops, without losing
' ITlO[ley.
Rodell Henshaw, resident, expressed her understanding that someone else wants the space
Ms. Milian is trying to move to, and has complained about her; that there was only hearsay
at the Planning Commission meeting; that there are attitudes and images of arrogance,
which are not based on anything; that this is a collateral loan business, and its image has
also changed; that it does not say "pawn shop" and Ms. McMillan will match the character
of the business aesthetics in the area; and that other businesses in the area also have items
on consignment.
A'wp Ati
Council Minutes
3-18-98, Page 4
Gladys McMillan, applicant, stated she felt attacked from all sides, was ill, and considered
the treatment of her a disgrace; that a decision cannot be based on innuendo or lies; that she
called the State Department of Insurance, and no statistics exist to match those which have
been suggested; that she contacted other insurance companies, and found the same answer;
that she does not sell guns and does not have guns; that pawn slnoips do not generate crane;
that her data submitted came from the National Pawn Broker Association; that she '
considered it wrong to base people's character on the amount of rrtoney they have; that she
has made over 10,000 loans to citizens of Palm Springs; and that she does not have seedy
customers.
Nancy Rosenquist, Rancho Mirage, commented on help she received from DJL in the past
four years; that the other pawn shop in town has liars on its windows; that people are
treated fairly by Ms. McMillan; and that a person has four mouths in which to recover their
merchandise.
John Connell, resident, displayed a number of magazines which recently contained articles
about Palm Springs, because of the changes which have been happening; that since the
"New Yorker" article, 21 homes have been bid on; that the stores in the area carry art and
not junk, and they have revitalized the area; that lie had the stare which Ms. McMillan
wants and was thrown out so she could have her pawn shop there, which he considered a (078-
done deal; that the Council has divided the community; that her current lease should be re- 070)
negotiated, and she should be allowed to remain at the present Location, which otherwise
will be another vacant property; that this issue has resulted in neighbors talking against
neighbors; that it needs to be shown that it is not a done deal; that the Uptown Association
has promoted itself and the area, and is asking for help; and that the Council should listen
to Ms. McMillan also.
Joel Dessauks, 768 N. Palm Canyon, stated his shop is contemporary, high-end furniture,
shown in popular magazines, and he selected the location because of the other types of
stores there; that a pawnshop does not help these types of stores selling these types of
treasures, ill that the clientele are not same.
Marion Hargrave, resident, stated that the area is very commercial, and abuts a very busy
residential area, and the commercial uses should be those residents and businesses which
help that neighborhood; that she did not think this was the place for a pawn shop; that she
was concerned about threats purported to have been made, which she did not consider very
professional, or an ethical way in which to establish oneself with one's new neighbors.
David Weaver, resident, stated this is a legitimate business, and the bottom line is that it
makes money and helps people; and it is a good addition to the City.
Selena Tracer, resident, stated she favored the use, but has since changed her opinion after
visiting the existing shop, which she described and considered to lack in merchandise
presentation and cleanliness, and if that is a precursor to the new location, she did not think
it was needed; and that she felt she should stay and remodel her existing location.
Fred Ebeling, resident, considered Ms.McMillan to be a fine person, and he (toped the
Council cared about public opinion. He commmented concerning his e-mail and websites.
Michael Helm, resident, stated he was a former Planning Commissioner at the, time that
pawn shops were relegated to M-1 and M-1-P; that he did not consider this an appropriate
location for them; that he had no doubt as to Ms. McMillan's integrity or her business; that
he questioned how often the Police Department respond to her business; and that residents
in this area have some considerations as well as the merchants.
Jeanette Temple, resident, expressed her experience and learnings as result of her mother
having acquired the shop, and having worked in it for seven years; that they had a tot of
paper work to complete for the Police Department, and oil occasion as a result of that,
people got back their belongings; that her mother has tried to rnake the appearance Look
good; that she could not get a Conditional Use Permit without a location, which means that
she had paid rent on two places while this was being processed; and that closure is needed.
fix,
Council Minutes
3-18-98, Page 5
Stacey Bottroff, DJL employee, stated that people's perceptions have, historically, been
proven wrong.
John Tineman, resident, stated that the business was not a subject of debate until the hidian
Casino forced her to have to move, and now there seems to be some, unclear doubt about
1 it.
Darrell Meeks, resident, slated that she should have the pawn shop, but not on the Palm
Canyon Drive location considered to be the entrance to Palm Springs; that "business
friendly" is also applicable to existing businesses; and existing businesses have not come
out in favor of this; and that the decision is whether it should be there, or not, and it should
be made based on testimony during (lie hearing.
Chad Lippey (?) resident, stated that Twenty-Nile Palms Marines might stay longer during
the week if they had access to this business.
Dick Sroda, resident, stated that any data provided by the applicaut should be, disregarded;
that the issue is not the person, but if the use is good for an area; that it is not zoned for it;
that the permit requires harmony with the area, and that is not happening; that neither
residents nor merchants have said they want this type of business at the gateway to Palm (078-
Springs; that she was given an urgency ordinance, which allowed her to be in the City 070)
building, which she understood was oiily temporary; that it should not be placed in an area
not zoned for it, in which people have made a big investment; that the City is trying to
restore the `old glamour" of Palm Springs; that the Planning Commission deival was 4-1,
and lie did not favor having waived leer appeal fee.
Les Gathers, resident, stated he does not know Ms. McMillan, her business, or have any
ideas about pawn shops, but the objections lie heard were based on prejudice and bias, and
made to incite fear; and that the Council should decide based on facts; and that there is a
right to be concerned, if it can be shown that she or the business has caused a problem and
the police have been involved, but lie was outraged by referrals to "those kinds of people."
There were no further appearances, and the Mayor declared a brief recess.
Councilmeniber Reller-Spurgin staled her decision was based on having read the materials
provided, asking questions, and using her judgment in doing what she considered to be
right; and she favored upholding the Planning Commission decision, because she did not
think Uptown is the place to have this type of business. She stated that in retrospect, she
would like to have done things differently; that Ms. McMillan was asked to move because it
was not zoned appropriately across the street; that no one seemed to care; and that now it
appears to be high on everyone's priority; and she would like to look back and say she
could stay where she was.
Councilmember Hodges stated she agreed, and did so at the time, but there was no majority
of the Council which favored changing the zone to allow that; that it is allowable in the
Uptown area under a conditional use permit; that she did not want to start over, and
doubted that Ms. McMillan wished to; that the community has been divided; that it is
important to have this business in Palm Springs and it has been a reliable business for 37
years, and if there had not been a need for it, it would not have survived that long; that not
all people have the opportunity to live in the nicer areas, and sometime they need help with
the basic necessities; that the location would not have been her choice, but she felt it is a
good location; that the merchants are doing an excellent job in improving the area and there
are some very nice stores, and the area abuts a very nice residential area of Las Palmas,
which is also being upgraded; that, unfortunately, not everyone will be happy, but she did
not see that the business will cause the problems that people perceive in the area; that she
hoped the Police Department was taking extra patrols in the area, based on the comments
about theft before the pawn shop was considered; and that she felt the area will find her to
be a good neighbor as well.
Council Minutes
3-18-98, Page 6
Councilmember Oden staled the Council is looking at the entire. City, and the concerns
about vandalism and theft, and neighborhoods, and looking to find ways to address those;
that lie hoped one day people would talk about Palm Springs, and not a "good" this, or a
"bad" that; that not long ago there was a stigma about "North Pahn Canyon" and "North
Palm Springs" but now people tend not to think in those terms; that the applicant must be a
good morale character, and it has been established she meets the Code requirement; that the
must be in harmony with the General Plan, which was the case until it recently became an
issue; that she has complied with the Police reporting; that the current and prior Council
have .worked with Ms. McMillan; that he was not aware she was paying rent on two
locations until this meeting; that he felt an obligation to bring the matter to the Council, but
that it was not a signal that it would be a done deal; that he is aware of what it is like to live
with people's perceptions based on the "name" given to something; that a number of years
ago, people considered that the area was filled with thrift and junk shops, which were no
better than tee-shirt shops, yet the area is becoming welcomed, and the people have worked
hard to make it what it should be; that the Council received numerous telephone calls when
die pet store, and Angel View shop, were moving to the area, and now people like them
just fine, and consider them welcomed additions; that the community must work together
and not make decisions based on biases; that the Council, alone, is not the one which
determines if the City is business friendly, but the total community must look at ownership
of what business friendly means.
Councilmember Barnes stated that the Council does not tear the community apart, rather it
is trying to keep it together; that everyone must and can work together; that he was
embarrassed by some of the comments which were made aboutt others; that differences (078-.
about each other should not make any difference in this community; that the owners named 070;)
the store a "jewelry and loan" which lie felt was not good for their own marketing, in that it
is not a referral to a pawn shop, but chose jewelry and loan to keep the standards high in
the community; that it would have been great if they could have stayed where they were,
but that was not possible; that the shop has no cages or bars, nor bullet proof glass, as other
pawn shops have; that the perception that it will ruin an area is wrong; that they have done
nothing wrong, and there have been no problems; that the same accusations were made
about other businesses in the area, until they became established; and he believed they can
do a fine business.
Mayor drew a parallel between the circumstances of this matter and those of the race event
in which the date of the event was changed, and in which case, the Council called upon the
com ommity/industry that would derive the benefit from it, and in which it felt it served its
constituency by doing so; that a use is allowed to happen under a conditional use permit,
subject to stringent conditions, including how the use will become part of the existing
context and its new neighbors, and that there is benefit to be derived; that he has not seen
anything on either side that is welcoming by the residents or the business community for
this kind of use; that it is the obligation of the Planning Commission and Council to help
determine what decision should be made; that the lack of acceptauce by the area may cause
more problems; drat there is an obligation on the applicant to find a way to allow the
neighbors to become comfortable with the introduction of her use to the area; that the
Uptown area has tried to determine its own future, and as a resullt, good progress is being
made; that in that light, he would have expected the Uptown grouip to voice is position, but
that did not occur, and he was, therefore, not comfortable in overruling the Planning
Coannission decision, recognizing that the Connnission has heard essentially the same
testimony.
Resolution 19213 overruling Planning Commission, was presented; after which, it was
moved by Oden, seconded by Hodges, and carried by the following vote, that R19213 be
adopted:
AYES: Barnes, Hodges and Oden
NOES: Reller-Spurgin &Kleindiensl
ABSENT: None
PUBLIC COMMENTS:
Council Minutes
3-18-98, Page 7
a) Comments on matters related to Additional Legislative Item 1:
Al Stein, resident, submitted two video tapes and a packet of written materials and
requested they be reviewed prior to the Council making a decision to issue a permit
for a circus. He recommended denial of the land use permit, and stated that the
circus represents a serious threat to people's safety and based is based on a history (064-
of state and local violations; that he considered the proposed site very dangerous. 005)
Robert Red Johnson, owner of Culpepper Circus, stated this will be their thirteenth
year at the Cathedral City Sunny Sands Elementary School; that there were no
problems last year; that they do school shows throughout the year to teach children
about endangered species and habitats; that lie resents implications being made; that
one of his elephants is fourteen year's old, healthy, and happy; that the circuses
have been held at Miramar, the Yucaipa Sheriff's Department; and other locations;
that his organization is small, and contains only about 40 people; and that his
California Fish & Gate permit was re-issued and is current.
b) Comments concerning Item A4:
Guy Hensley, representing the P.S. Hotel Association, stated that the Board voted
in favor of privatizing the tourism function; that concerning the Visitor Information
Center, it lacks direction and leadership, and that is affecting the City, e.g., (050-
inability to react to negative advertising resulting from Eh Nino; that contracting 029)
with LMI is support, and that there are economics that can be made, it has been
worked with before, and it is respected in doe community.
David Baron, Attorney for the P.S. Hotel Association, added that without the
Rooni Tax and the entire advertising and promotion campaign, tine entire town is in
trouble; that privatizing the industry is endorsed, and that the Association asks that
in planning to do so, a capable, professional firm be retained to handle tourism, in
order to meet the marketing and other challenges which are constantly in play; that
the City's tourism department is stagniaut and without direction; that the
professionals in the commnunity are recommending privatizing as the best way to
proceed; that a proforma-based contract should be used, and proof shown that more
income can be generated for the City, as well as for the provider.
Bruce Taylor, P.S. Hotel Association, extended an invitation for the Council to
attend the Association's monthly luncheon meetings. He read a comment on behalf
of Mike McClean, expressing concern regarding the filling of the vacancy of the
tourism director position, showing little regard for tourism, and that the economic
impact will not be felt for a few years; that tourism needs to he free to act quickly,
e.g., in dealing wish the tourism Website, and the failing telephone reservation
system.
Ivan Price, Villa Rosa Inn, spoke in support of a professional heading up the
tourism division.
Jim Davis thanked the Council for its work, and the attacks and abusive cormnents
it takes in making decisions for the community.
c) Continents concerning Items 3 and 4:
Darrell Meeks, resident, considered it wrong for the Council to appropriate the
money for a PIO, and that those who supported the passage of the utility tax should (061-
tell the public how badly this is needed, and perhaps a fire or police position could 022)
be funded instead. He stated that extending terms will not solve die problem of (103-
lack of applications for boards and commissions; and that the Council needs to 048)
appoint people who apply, even if they do not agree with their viewpoints.
Dick Sroda, resident, stated that the PIO position is a full-time, permanent position,
and will cost $60,000; that lie considered the reason for the position to be that of
self-serving; and that it was to have been funded through advertising from RSCTV.
4A6
Council Minutes
3-18-98, Page 8
Selena Tracer, resident, stated that tourism could be increased by using
transportation funds which are available, to divert more traffic from 1-10 onto
Highway 111, and cause them to have to go through Pahn Springs; and that she felt
Cathedral City would also benefit, and might be supportive in seeking, action to
make this happen. '
d) Corrunents on matters not related to an agenda item:
Jinn McLean, resident, stated that each year threats are made affecting fire
department personnel, in terms of budget cuts, consolidations, and closures; that as
a result, Palm Springs has served as a training school for other cities, as young
firefighters remain only long enough to be trained, and then leave for other fire
departments; and that there are currently four of the best of Palm Springs now
training for other departments in California.
COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS:
a) Mayor and Councilrnembers 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.
b) Councilmember Barnes reported that CVAG has funded $10,000 to UCR for a
comprehensive scientific study to come up with acceptable mitigation for scalping
and overseeding the golf courses and other agricultural locations.
c) Couticihmember Reller-Spurgin reported on the trip to Toronto, Canada, New York
and Washington, D.C., over a 10 day period, to view the Herhof composting
facility in Canada; deal with four different bond issue: matters; and talk with
various legislators and goverrnnent officials relative to federal funding for rail and (148-
surface transportation street funding. She stated that the Herhof facility was 003)
odorless, and holds the potential to more than meet the next phase of AI3939, i.e.,
a 50% waste stream diversion by the year 2000.
d) Mayor reported that the Transportation Committee of C'.VAG also met, and that
there was an attempt to change the priority listing for regional roads and overpasses
on 1-10; and that efforts to secure bonus points was sent back to [lie TAC and the
Executive Committee.
LEGISLATIVE ACTION:
2. ORDINANCES FOR SECOND READING (Intro January 21 & March 4, 1998)
City clerk read titles of the following:
Ord 1554 authorizing an amendment to contract between the Board of Administration of die (110-
Public Employees' Retirement System and the City Council of the City of Palm Springs.; 009)
and
Ord 1555 amending Section 10.18.050(a) of the Palm Springs Municipal Code relating to
the detennination of whether an animal is treated as vicious for the purpose of the City's (103-
anhnal control measures; 048)
after which, it was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, '
that further reading be waived, and that Ordinances 1554 and t555 be adopted.
`i. BUDGET AMENDMENT- PUBLIC INFORMATION OFFICER.
Recommendation: That the Council amend the budget for 199T-98 fiscal year to provide (061-
funding for the position of Public information Officer for the remainder of the 1997-98 022)
fiscal year.
Council Minutes
3-18-98, Page 9
City Manager reported that this has been a Council priority for about two years, based on
recognition that there are magazines and subscriptions that could tell the City's story, but it
does not have the professional on staff to do the work; and he committed to bringing this
back to the agenda.
' Councilmember Oden stated this is not an issue of having the Council "look good," but
there has been much misinformation going out, and the Council needs to lake control over
perceptions of the City; that a rtnrnber of rumors were voiced during this meetings; that a
professional is needed to handle the public relations, and there has not been one for four
years; that there are many wonderful things taking place, and the word needs to be spread;
and that there needs to be someone coordinating this effort.
Councihnember Barnes added that a professional public relations person would have made
the handling of the Bono funeral less difficult, although it was handled very well; that it is
often difficult to pull all of the pieces together; that a PR person could help to deal with
emergency situations, and allow staff to (teat with the nuts and bolts of the situation; and
there has been a need for this position for a very long time.
Resolution 19214 as recommended, was presented; after which, it was moved by Odell,
seconded by Barnes, and carried by the following vote, that R19214 be adopted:
AYES: Barnes, Hodges, Odell, and I'leindienst
NO: Reller-Spurgin
ABSENT: None
4. MUNICIPAL CODE AMENDMENT - BOARDS & COMMISSIONS
Consideration of amendment to the Municipal Code to allow up to no more than seven
' consecutive years on a board or commission; and to allow the appointment of a current
board/conunission member to immediately become eligible for appointment to any other (103-
board or commission upon the expiration of his/her tern, without a one-year hiatus. 048)
City Clerk reported that the ordinance follows the Council direction in recent study session,
which would allow a person to serve no more than seven consecutive years on the same
board or cormrussion without First being off of that board/commmission for one year; but that
same person could be appointed irmnediately to serve a new term on another
board/connnission without waiting for one year.
Councilmember Barnes noted that for a person who fills a two-year tern, the maxunum
length of service would only be five years, and he felt perhaps the limit should be eight
years, which would allow two fall, 3-year terms, in addition to a maxirnum of two years of
an unexpired term.
Mayor stated he favored no term limits.
Councilmember Hodges stated she favored the ordinance as drafted, and did not favor
unlimited terms, and that eight years was too much.
City Clerk read title of the Ordinance, as presented, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, AMENDING SECTION
' 2.06.010 OF THE PALM SPRINGS MUNICIPAL CODE CONCERNING
APPOINTMENTS TO CITY BOARDS AND COMMISSIONS.
after which, it was moved by Hodges, seconded by Reller-Spurgin, and carried by the
following vote, that further reading be waived, and the Ordinance be introduced for first
reading:
AYES: Hodges, Odell and Reller-Spurgin
NOES: Barnes and Kleindienst
ABSENT: None
01 ( 43
Council Minutes
3-18-98, Page 10
A4. TOURISM UPDATE
Council comments, discussion and direction, if any.
City Manager stated that LM1 is still interested in providing tourism services, and he
suggested that lie, the City Attorney, and David Baron, attorney for the hotel association,
meet with LMI and refine the teens. He briefly outlined the proposal that would be
discussed, noting changes, i.e., deleting expense reimbursement, incentive base(] on actual
rather than assumed costs; (hat it is possible to transition from the commission to an
advisory body to LMI, similarly as was done with the Convention Center Commission, as
well as are visitor center.
Councilmember Reller-Spurgin stated she was particulary pleased with the deletion of the
$125,000, and to work with actual costs; and she favored the negotiations, with a
recommendation ready for action at an adjourned meeting on March 25.
Councilmember Hodges stated that the Council directed at its last workshop that LMI be
contacted to see if it was still interested, and to bring that matter forward at this tune; that (050-
the Council was taking a different direction because LMI had pulled out, i.e., that an 029
interim management be found, while the Council was looking at alternatives; and that under
the circumstances that LMI is stilt interested, and with swift action to bring the matter to a
close, she looked forward to the adjourned meeting.
Councilmember Oden stated that rumors damage the City; that he thanked the subcommittee
for its work and the information brought back to the Council; and that it is necessary that all
the information is known, before assumptions are made, and people are reacting without
knowing what is happening.
Councilmember Barnes stated that his concern was that LMI is the sole source, and that
leaves the City without much clout in terms of negotiating; that he appreciated the efforts of
the committee, and felt lire basis for the negotiation is tighter, but still contains some things
he is not comfortable with, i.e., the 40% incentive for an 8-9% increase above the base;
that he felt an 8-9% increase should he the expectation, and not the;incentive.
City Manager explained that the base amount is increased each year by the previous year's
actual increase, thus raising the bar against which the following year's incentive is
measured. He stated that the LMI proposal is not a response to the RFP.
City Attorney stated that the proposal is an outline of the City's desire, and the best terms
would be negotiated, and brought to the Council; and if the Council was not satisfied, it
could look at other alternatives.
Councilmember Hodges stated that an 8-9% increase should not be looked at as automatic,
in that there have been many years where there has been no increase in the tax revenue; and
it will not be achieved without a lot of work.
Mayor stated that last Fall., there were discussions with LMI, and following Mr. Blaisdell's
leaving the firm, there were discussions with David Bobo, and that the Council approved a
contract with hum, to fund that Ire could not perform the contract, and found the issue to
complex to work, and was removing his offer from the table; that the Council then
determined in workshop to solicit an RFP for an interim director -- person or firm -- and
expand the committee to find a better model to privatizing tourism; that 30 applicants
responded; that LMI was only again discussed at the workshop on March 17; that LMI is
an expert in convention centers and sports centers, but are not experts hr tourism ,aid has no
prior history in dealing with that; that Mr. Bobo said lie removed his offer because of the
diversity and complexity of Palm Springs tourism; that the proposed action is irr complete
opposition to the direction the Council was taking; that the figures are the same as the
Council has seen all along; that he questioned why tourism dollars would be spent when it
was that there was no experience to deal in that area; that he preferred to continue in the
process that the Council was following, and establish through fairness the best individual or
corporation to run this business; that the process enabled anyone to submit a proposal, but
t €, 49
Council Mirutes
3-18-98, Page 11
the proposed action removes any fain review, assuming that Mr. Bobo had submitted a
proposal.
City Manager slated drat concerning the six-month contract with Mr. Bobo, it was
discovered that he could not be air independent contractor because he was an employee of
LMI, and it was not an inability to perform; that he did state that there are complexities
within the hospitality industry in this area which makes it awkward and difficult to address
tourism; that lie felt tourism is convention centers and arenas, and that LMI is in the
tourism business; that the 30 applications are for the interim director position, and not for
tlhe tourism services.
Councilmember Hodges stated she requested this matter be placed on this agenda because of
the number of telephone calls and contacts she had which revealed a lot of misinformation
in the hotel industry; that the workshop contained discussion, although not televised, and
there was concern and interest in seeing what interest LMI might have; that the hotel
association was interested in knowing the answer; and that the proposed action will not stop
anything that the Council has been doing if the proposal is not successful in corning to
closure; and that she still favored proceeding with LMI if au agreement Carl be reached.
Councilmember Oden stated that he fell it would be in the best interest of everyone to first
exhaust this approach, and if that does not work out, to follow the alternate plan; that he
wanted assurance that the result of the negotiation is to end up with the best-suited, and
skilled professionals to do the job.
Councilmember Barnes coimnented on the importance of the issue to the cormnmhity, and
added that he was comfortable with proceeding if the Council was still pursuing the other
alternate at the saine tine; and that he, felt there was a lot of negotiating to happen before lie
could agree to LMI.
City Attorney stated that the proposal is a nine-year agreement, which is not necessarily
desirable; that there are other matters which must be developed by LMI - a business plan -
and one possibility would be to work toward coming up with the points of that plan, and if
the Council wanted to make changes to it, that it could be clone without having to wait three
years; that Mr. Baron agreed it should be a performance based contract, and there could be
some other points added; that it may be that in working over the details it the next couple
of weeks, the Council will become comfortable with die business plan and the performance
which will carry it out.
Motion by Reller-Spurgin, seconded by Hodges, to authorize the City Manager and City
Attorney and a representative of the tourism industry to negotiate a contract with LMI for
tourism and the visitor information center, and to tonne back to the Council at an adjourned
meeting on March 25, 1998, carried by the following vote:
AYES: Hodges, Oden and Roller-Spurgin
NOES: Barnes and Kleindienst
ABSENT: None
ADDITIONAL LEGISLATIVE ITEMS:
ALL LUP - JAYCEE SPONSORED CIRCUS
Recommendation: That the Council approve a land rise permit for the P.S. Jaycees to hold
a temporary circus event on April I & 2, 1998, at 272 N. Avenida Caballeros, to be
operated by Culpepper & Merriweather Circus. (111-
002)
City Manager reported that all staff investigations were satisfactory, and the permit is
recommended for approval. In response to question by Council, lie stated that the
iifonnation provided by Mr. Stein refers to a different circus company.
Resolution 19215, as recommended, was presented; after which, it was moved by Hodges,
seconded by Reller-Spurgin, and unanimously carried, that R19215 be adopted.
k` :iO
Council Minutes
3-18-98, Page 12
CONSENT AGENDA:
5. MO 6116 awarding contract to TI(D Associates, Inc., for $22,200 for landscape; architect (109-
services for the design and construction phases of the Heritage Trail Bikeway Project along 004)
Belardo Road downtown, which is funded by a Federal TEA Grant, CP93-49, A3924.
6. Res 19216 awarding fabric roof structure contract for the Airport Tenminal Expansion Project, (051- '
Subject to sale of Airport Revenue Bonds, to BirdAir, Inc., for $1,097,882.; and authorizing 095)
immediate expenditure for final engineering design for $95,000.; and authorizing the Director
of Department of Transportation to approve Change Orders up to 51 of total contract price.
A3925. Kleindienst abstained due to Airport FPPC ruling.
7. Res 19217 authorizing Metnorandon of Understanding with CVAG for the purpose of
contributing finding for $15,000, for a thermal imaging system to be donated to the California ( 123-
Highway Patrol for use on the Bell 2061-4 helicopter currently stationed at Thermal Airport, 004)
fiords derived from the Asset Forfeiture Account. A3926 Subject to CA approval.
8. MO 6117 approving agreement with State of California Department of Corrections to use the (113
P.S.P.D. Firearm's Training Range. A3927. 006;1
9. Res 19218 and 19219 approving Payroll Warrants and Claims & Demands. (086--
016)
Note abstentions, if any:
Councihnember Warrant N Payee Particular Nature; of Conflict
Hodges 929795 Chris Foster Client of Employer
929807 Granite Constr Client of Employer
Reller-Spurgiu 9300008 D. Spurgiu Spouse
It was moved by Oden, seconded by Reller-Spurgin, and unanimously carried, that Resolutions '
19216 through 19219 and Minute Orders 6116 and 6117 be adopted.
ADDED STARTERS: None
REPORTS &REQUESTS:
10. DEPARTMENTAL REPORTS - Received & Ordered Filed (121•-
002)
a) Treasurer's Investment Report- January, 1998
CITY COUNCIL reports or requests
a) Councihnember Reller-Sputgin requested updates on the following: The Canyon
Project property and what is happening with it; and Shacfer Ambulance parking
vehicles at Palm Canyon and Tahquitz. She expressed objection to Doubletree
reflecting a "Pain Springs" address in the Desert Resorts International Magazine,
when it is located in Cathedral City; questioned why VillageFest allowed a booth
for the Cathedral City Senior Center to provide information as to options for
utilities, and questioned what status is as to the City's own utility and advertising of
it. She also reminded the City Manager of a Blood Bank drive for the City in June-
July; and would like as update as to inclusion of a provision in a bid document on
plan check which would restrict local providers. '
b) Councihnember Hodges stated she would like a report as to what would need to be
done, and who should be contacted, as to possible legislation or changes to raise
the threshold for determining a conflict of interest from $250 to $1,000
Council Minutes
3-18-98, Page 13
PUBLIC reports or requests
a) Dick Sroda, resident, questioned what the PIO in the Tourism division does, and if
it is the same as the PIO position funded during this meeting, the position should be
eliminated, since two such positions are not needed.
b) At Stein, resident, took exception to the City Manager's comment concerning the
circus; that he relt insulted; that he has never met the circus owner, nor have
anything against them; that the Police Department canceled one of these circuses
before because there were people involved with a criminal background; that he
feels there is a dangerous situation; and that he has never had a city official make
such statements.
REPORT OR REQUESTS
STAFF reports or requests - none
ADJOURNMENT
There being no further business, the meeting was adjourned to Wednesday, March 25,
1998, at 7 p.m., preceded by a Joint Meeting with the Tribal Council on March 24, 1998,
at the Spa Hotel., beginning with Closed Session at 5 p.m., and open session at 6 p.m.
-/JUDITH SUMICH
City Clerk
1