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HomeMy WebLinkAbout11/7/2001 - STAFF REPORTS (4) CITY OF PALM SPRINGS CITY COUNCIL MINUTES October 3, 2001 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, October 3, 2001, 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 Jones, Hodges, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag by the Boy Scout Color Guard, and an invocation by Reverend James Griffes — Palm Springs Presbyterian Church. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on September 28, 2001. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 7 of agenda this date. PRESENTATIONS: None. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: No Business PUBLIC COMMENTS: Craig Wesley, 2343 Via Sonoma, representing Community Concerts Association, stated that the Association has been in existence since 1958 and promotes four concerts each year for a membership cost of$40.00; that there is some confusion between the City sponsored park concerts and the Association's concerts that are held at the Palm Springs High School Auditorium; that the names of both are very similar and requested that the City consider a name change to lessen the confusion. Mary Wopshall, Spoon Road, stated that regarding item 18 there are four residences involved and that all four are in support of the name change. APPROVAL OF CONSENT AGENDA: It was moved by Hodges, seconded by Oden, and unanimously carried, Oden abstaining on Minutes of September 5, 2001, that Items 1 thru 10, excluding item 6, be adopted. 1. Minutes of August 15, 16 and September 5 & 12, 2001. 2. Res 20186 approving Final Map No. 29934 with Palm Springs Modern Homes 1, LLC, represented by Mainiero, Smith & Associates, Inc., for condominium purposes for property located at 655 Arenas Road, Section 14, T4S, R4E, APN 508-087-015. 1 Council Minutes 10-03-01, Page 2 3. Res 20187 approving encroachment license with John Wessman for the construction and maintenance of a fountain and art work within the City's right- of-way located at 151 South Palm Canyon Drive. A4404. 4. MO 6938 approving City sponsorship of the Arenas Road Halloween Costume party to be held on October 31, 2001, and approve Res 20188 suspending certain regulatory ordinances during the event. 5. MO 6939 approving Amendment #2 to A3669 with Cingular Wireless, formerly Pacific Bell Mobile Services for additional communication equipment to be installed on the leased premises located at DeMuth Park. 6. SEE EXTENDED CONSENT AGENDA 7. MO 6940 approving an agreement with O'Linn Security Services for airport security services for$80,000 for a term of one year. A4407. 8. Motion ratifying CVEP appointment of Councilmember Ron Oden. 9. Motion concurring Community Redevelopment Actions R1087 through 1149. 10. Res 20189 and 20190 approving Payroll Warrants and Claims & Demands. EXTENDED CONSENT AGENDA: 6. AIRPORT TERMINAL COUNTER PROMOTIONAL SPACE Recommendation: That the Council approve lease agreements with Marriott and Westin Mission Hills Resort for terminal counter promotional space for a rental of $22,000/year per space for a period of three years. A4405, 4406. Councilmember Reller-Spurgin stated that there is concern with approving a business to promote timeshares in another City at the Palm Springs International Airport; that it is understood that none in Palm Springs bid on the counter space, but that nonetheless support can not be given to the item. Councilmember Hodges stated that the position of Councilmember Reller- Spurgin is appreciated, but that Palm Springs is an International Airport; that the representatives on that Commission come from Valley-wide; and that it is not clear how the bids could be limited to just Palm Springs businesses. Councilmember Reller-Spurgin stated that consideration was given to all the facts, but that it is not within her heart to support the item. Councilmember Oden stated that the matter did go through the public bid process; that the City does have an obligation to continue the process; and that a survey should be done of Palm Springs businesses to determine the reason for non-response. Mayor stated that while the process is appreciated, it is the goal that is questionable; that it may be valid to allow the coalition for tourism to review the Council Minutes 10-03-01, Page 3 matter; and questioned if the two counters are rented, would one be left to offer to the coalition. Assistant City Manager-Operations stated that the Council was given a listing of firms that the Department of Procurement & Contracts contacted; that a pre-bid was also held and turnout was poor; that companies on the listing were also called and solicited to bid; that the recommendation are two companies that have been at the Airport for three years with small cost permits; that approval of the recommendation will increase revenue for the airport; that there was no third bid; that the counter space can not be donated for someone to use; that there are FAA guidelines that restrict space use at airports; and that at this point revenue is important to the airport. Councilmember Oden stated that the coalition on tourism could be invited to submit a proposal, but that in this matter it would be ethical to act on the recommendation. Mayor clarified that there were three counter spaces available for rent. Minute Order 6941 was presented; after which, it was moved by Oden, seconded by Hodges and carried by the following vote that MO6941 be adopted. AYES: Hodges, Jones and Oden NO: Reller- Spurgin and Kleindienst ABSENT: None. PUBLIC HEARINGS: 11. NUISANCE ABATEMENT— 1000 EAST PALM CANYON DRIVE Recommendation: On September 5, 2001, Council continued this matter to declare the buildings at 1000 E. Palm Canyon Drive to be a public nuisance and order the abatement thereof. Planning Manager reviewed the staff report and added that the redevelopment plans have not been submitted and that staff did recommend abatement. Mayor declared the hearing open. Bud Grant, owner, stated that the product of the Biltmore is good; that the goal is to make it better; that the fencing is 95% done; that the portion left open was due to a Code Enforcement issue of trimming tamarisk trees on the east side of the property; that once Code Enforcement signs off on the violation, the fencing will be closed up; that 20 tons of rubbish have been cleared from the site; that demolition permits have been taken out to remove some of the worst buildings; that a local company, G & M Construction has been hired to do the demolition; that permits from AQMD are pending; that security issues have been addressed; that progress is happening at the site; that David Christiansen is the architect for the project; that time must be given to allow him to develop the plans; that all is in the design stage; that once the design is done, the Biltmore will be made into something better than it ever was. Council Minutes 10-03-01, Page 4 Muriel Spoken, 1261 PrimaVera, President of Deep Well Ranch, stated that the homeowners association is anxious to have the Biltmore demolished; that there have been three recent break-ins in the Deep Well area that can be credited due to the condition of the Biltmore; that the property is a nuisance; that there is a question that remains unanswered, where is the financing coming from; that in order to bring the property up to Code, there will be a great expense and it is not clear whether the funding is available to accomplish the task and recommended against granting another extension in the abatement process. Wilson McNary, 1315 Verona Drive, stated that there is a concern on safety and security of the Biltmore property; that the abatement process has been abused; that Deep Well representatives have appeared many times in support of the abatement process; and that it is clear that the promises made regarding the property have not been kept. Linda Grant, owner, stated that the owners are grateful for the initial 30 day extension; that much progress has been made during the 30 days; that permits have been pulled and work started; that the architect, David Christiansen, has been out of the Country for the past two weeks; that the design plans have been on hold awaiting his return; that a letter had been provided thanking the owners for use of the property as a training ground for emergency service personnel; that it would be wrong to tear the building down; that 30 days is just not enough time to do all that has been requested; that the priority at this time is to try to prevent the site from being an eyesore; that once the front of the hotel is painted, the site will be visibly enhanced; and that more time is needed to complete the project. Jan Muring, resident, stated that at its last meeting the Council did grant a 30 day extension; that the promises made have not come through during that time; that there has been little progress on the site during the past 30 days; and that if the architect is out of the Country someone else should have been used to continue the work on the design. There being no further appearances, the hearing was closed. Councilmember Oden stated that many areas throughout the City are used for training grounds; that some are even burned when the training is finished; that there is an excellent architect on the project, but that time is now down to the wire; that it was questioned is the site is a true landmark for the Community; and that while the apology of delay is accepted, it is time for action; that the City committed to a program called Recapture Our Neighborhoods; that the program has made great strides in the Community; that the responsibility for the site is ultimately on the owners; that the blight suffered by the neighbors has gone on along enough; that it is time to move ahead and approve the recommendation. Councilmember Reller-Spurgin stated that if the 30-day extension granted at the last meeting was not enough, it was up to the owners to express a greater time was needed. Council Minutes 10-03-01, Page 5 Councilmember Hodges stated it is disappointing that when all agreed to the 30 day extension, nothing has materialized; that if the architect was out of the country, then the owners should have moved ahead with another firm; and that at this point the City does need to move forward. Mayor stated that the emergency service personnel training on the site is appreciated, but that is not the goal or use for the site; that the Council was told that certain things would be done within the 30 day extension; that the conditions were not met by the owners; that the area is blighted; that the Council has been fair and equitable to both parties; that while concern was expressed at the last meeting that 30 days would not be enough, the owners did agree to the time frame; and that at this time, the recommendation should be upheld. Resolution 20191 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin, and unanimously carried that R20191 be adopted. 12. LOCAL LAW ENFORCEMENT FEDERAL BLOCK GRANT Recommendation: That the Council accept an award for $125,427 from the Federal Law Enforcement Block Grant funds to purchase specialized police equipment as authorized by the grant; and approve a budget amendment for $13,236 appropriating matching funds from the Asset Forfeiture Account. City Manager reviewed the staff report. Mayor declared the hearing open; there being no appearances, the hearing was closed. Councilmember Oden questioned if the grant designated use of the funding. Police Chief stated that the grant is prohibited for salary expenditures; that for the most part the grant will be used to obtain transmitters for traffic lights; that stop sticks and tazers are also on the list and that digital cameras will be obtained to help with crime scene investigations. Councilmember Hodges questioned if it could be guaranteed that none of the grant be used on the downtown cameras. City Manager stated that on Friday a pre-bid on the cameras downtown will be held; that on October 17, a full report should be given to the Council; that there should already be sufficient funding for the downtown camera project; and that this particular grant funding could be restricted should the Council desire. Councilmember Reller-Spurgin questioned if after all the equipment mentioned is purchased would there be any remaining funds. Police Chief stated that the emitters alone will run somewhere around $70,000; and that there is no projection of any remaining funds to be left in the grant. Council Minutes 10-03-01, Page 6 Mayor stated that the approval could restrict the use of the funds to exclude the purchase of cameras. Minute Order 6942 as revised excluding the purchase of cameras, was presented; after which, it was moved by Oden, seconded by Jones, and unanimously carried, that MO6942 be adopted. Resolution 20192 amending the budget was presented; after which, it was moved by Oden, seconded by Jones, and unanimously carried, that R20192 be adopted. COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: Councilmembers 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. Councilmember Oden questioned when the play equipment at Victoria Park would be installed and the project completed and requested an update on the status of the Skate Park. LEGISLATIVE ACTION: 13. ORDINANCE FOR SECOND READING & ADOPTION (Intro 9-19-01) City Clerk read Title of Ordinance 1601 as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 5.38.010, 5.38.260 AND ADDING SECTIONS 5.38,270 AND 5.38.280 OF THE PALM SPRINGS MUNICIPAL CODE, REGULATING SPECIAL EVEN VALET PARKING SERVICES after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried, by the following vote, that further reading be waived and Ordinance 1601 be adopted. AYES: Hodges, Jones, Oden, Reller-Spurgin and Kleindienst NO: None ABSENT: None 14. PALM SPRINGS TENNIS CENTER RENT REDUCTION Recommendation: That the Council consider reduction of rental fees for City facilities located at the Palm Springs Tennis Center from $10/hour to $5/hour for the Riviera Resort and Racquet Club's two upcoming events scheduled on November 9 & 10 and 16 & 17, 2001. Item not discussed, Applicant withdrew request. Council Minutes 10-03-01, Page 7 15. SPONSORSHIP — 2002 NATIONAL DATE FESTIVAL Recommendation: That the Council consider a request from Riverside County for a $5,000 sponsorship for the Riverside County Fair and National Date Festival for 2002. Assistant City Manager-Administration reviewed the staff report. Denys Acuri, Riverside County Representative, stated that the report was accurate and added that the idea is to promote tourism to the valley; that the $5,000 is a reasonable amount to support the venue; that next year all the valley cities may wish to participate; and that the Festival does highlight the entire Valley. Theresa Gallban, Riverside County Economic Development, stated that the sponsorship will be a collective effort of all Cities for a common goal; that mailings advertising the Festival are sent to various groups; that the brochure could refer to attractions that Palm Springs offers; and that the sponsorship will help keep the name Palm Springs in front of the visitor. Councilmember Oden stated that it is good to get cross support on a countywide basis; that it is not often the Supervisors of Riverside County requests the City's support; that this is a collaborative effort and recommended support of the item. Minute Order 6943 as recommended was presented, after which; it was moved by Oden, seconded by Reller-Spurgin, and unanimously carried, that M06943 be adopted. 16. INSURANCE BROKERAGE SERVICES CONTRACT Recommendation: That the Council ratify cancellation of A4188, AON Risk Services, Inc., and approve an agreement with Davis & Graeber Insurance Services, Inc., for the City's insurance broker for $52,000 per year and a term of 5 years. A4408. Councilmember Reller-Spurgin stated that the subcommittee did review the proposals; that the recommendation is considered the best proposal; that there were no local brokers that bid; and recommended approval. Mayor stated the contract as submitted is difficult print to read. Resolution 20193 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, that R20193 be adopted. 17. BOYS & GIRLS CLUB LEASE Recommendation: That the Council rescind A2855, Boys & Girls Club lease and approve a new lease with the Boys & Girls Club for real property located at 450 South Sunrise Way, 0 zone, Section 13, T4S, R4E. A4409. Council Minutes 10-03-01, Page 8 City Manager reviewed the staff report, no further report was given. Resolution 20194 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, that R20194 be adopted. 18. SPOON ROAD NAME CHANGE Recommendation: That the Council change the name of Spoon Road to Boulder Road. City Manager reviewed the staff report, no further report was given. Resolution 20195 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, that R20195 be adopted. 19. COMPREHENSIVE FEE SCHEDULE AMENDMENT Recommendation: That the Council amend the Comprehensive Fee Schedule to increase the fee for rental of the Council Chamber to non-profit groups for a period of not less than six months to $65.00. City Manager reviewed the staff report, no further report was given. Councilmember Oden questioned if the fees were compared with other Cities and its charges to non-profits. City Manager stated that the fee is based on actual costs to the City; and that the users did agree to the increase. Resolution 20196 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, that R20196 be adopted. 20. PLAZA INVESTMENT COMPANY LEASE Recommendation: That the Council approve a business property lease with Plaza Investment Company, Inc., to lease the alleyway between the Plaza Theatre and Indian Canyon Drive, A4410. Assistant City Manager-Administration reviewed the staff report and added that the space is needed due to the growth of the Follies Program. Resolution 20197 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden, and carried by the following vote, that R20197 be adopted. AYES: Hodges, Jones, Oden and Reller-Spurgin. NO: Kleindienst ABSENT: None. Council Minutes 10-03-01, Page 9 21. PARTNERSHIP FOR THE PERFORMING ARTS LP. SUBLEASE Recommendation: That the Council approve a sublease with the Partnership for the Performing Arts, LP, to allow the alleyway between the Plaza Theatre and Indian Canyon Drive to be used for storage of stage sets and props and authorize the dismissal of lawsuit against the Partnership for the Performing Arts LP. A4411. Assistant City Manager-Administration reviewed the staff report, no further report was given. Resolution 20198 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden, and carried by the following vote that R20198 be adopted. AYES: Hodges, Jones, Oden and Reller-Spurgin NO: Kleindienst ABSENT: None. ADDITIONAL LEGISLATIVE ITEMS: 22. TOURISM Discussion of current tourism industry and related community economic impacts. City Manager stated that this matter related to the September 11, 2001 terrorist attacks on New York and the resulting tourism effect in Palm Springs; that the Chamber representative, John Pickney, will address concerns and where the City is standing regarding tourism at this time. John Pickney, Chamber of Commerce, stated that representatives are in the audience concerning this matter; that thus far it seems the City has experienced a 20% decline in tourism; that the downturn will effect the economy of the City; that the business community does not want to adopt a "let's wait and see attitude"; that something needs to done at this time; that there has been a collaborative effort brought together by the Chamber, Tourism and others to shift additional marketing to the Los Angeles and Orange County areas; that nationally trips are being cancelled; that it is believed that the "drive and get away" trips can be promoted for the City; that there are several levels of participation that the City can choose; that the Jones Agency has complied three options; that the Chamber does recommend option three and that would result in a contribution of$80,000 by the City to the marketing plan. Tourism Director stated that there have been a number of bus tours cancelled; that hotels have been contacted and incentives have been provided to try to get the tourism regenerated; that brochures, print media, radio and television must all be used to help draw from a regional area; that the result will be increased tourism and business in the retail shops; that the proposal is a joint venture; that the plan is to market a get away with peace in mind; and that it is imperative to keep the name Palm Springs in the forefront. Council Minutes 10-03-01, Page 10 Councilmember Reller-Spurgin questioned if the $100,000 additional funding to tourism earlier in the year had been expended. Tourism Director stated that before the additional funding, 65% of the budget was for sales and promotion; that with the additional funding it is now 71%; that the additional funds have already been built into the budget and are not in a surplus fund. Mayor stated that the City does have reserves; that the reserves are to be used in cases of need; that the Council is and has been supportive of tourism; that the Council is active and proactive to increase revenues; that a collapse of the economy is occurring; that there is a need to use some of the funding in the reserves; and that it may be at the mid-year budget review, Tourism may need an additional financial boost. City Manager stated that the TOT for last September was $754,000; that the TOT for this September is $550 — 570,000; and that the Council does have two options for funding, reserves and the Convention Center Bond savings. Councilmember Reller-Spurgin questioned the option of Convention Center Bond savings. Director of Finance & Treasurer stated that the estimate in July 2001 was a $312,000 savings; that due to the timing of the bond closure and the recent unfortunate events, the bonds have been issued at a lower rate and that the savings will be $691,000 annually. Councilmember Reller-Spurgin stated that the Council did vote to place the matter of the Convention Center bonding on the ballot for the people to make a choice regarding downtown parking; and that the matter should not be acted on until the vote. Director of Finance & Treasurer stated that due to the higher savings, both matters could be accomplished. Councilmember Hodges stated that if a parking structure is wanted for the downtown, the savings from the Convention Bonds are not an option to use; and questioned if the Agua Caliente Band of Cahuilla Indians had been contacted for possible participation. Mr. Pinkney, stated that the "Tribe" is already engaged in various marketing plans to promote their own activities and that a symposium will be held on October 10 to discuss the action they are taking. Councilmember Oden thanked those present for the collaborative effort and presentation given; that it is good to pull the community together and be proactive; that all groups have gotten involved financially; that the plan is creative; that the Mayor's recommendation should be supported to draw from the Contingency Fund; that the "Get Away" concept is a good one; and recommended Option 3. Council Minutes 10-03-01, Page 11 Mayor stated that if adequate funds are not expended to get the name out, the money is just thrown away; that the target is a 90-day period and that the City should contribute $100,000. Councilmember Jones recommended Option 3; that due to the delay in the bond refinancing, an additional $584,000 will be realized in the General Fund; that even if the parking structure is built, there are ample funds to use the $100,000 out of the savings of the refinancing. Councilmember Reller-Spurgin stated that Option 3 should be approved; that tourism does have a trickle down effect on Palm Springs economy; and that this action will help our community salvage what it can. Mayor stated that it is noticeable that the Convention Center is still doing business; that the quality of life in the City is connected to tourism; that it is good that the situation was identified and solutions found at such a rapid pace; and that the recommendation should be supported. Resolution 20185 as recommended was presented; after which; it was moved by Oden, seconded by Reller-Spurgin and unanimously carried, that R20185 (Option 3 to include $100,000 from reserves) be adopted. ADDED STARTERS: (Determine eligibility for consideration) Motion to add the item due to the need arising subsequent to the posting of the agenda was presented; after which, it was moved by Oden, seconded by Reller-Spurgin, and unanimously carried, that the Motion be adopted. AS1. "FALL CONCERTS IN THE PARK" EVENT FUNDING Mayor stated that the time for official mourning in the nation regarding the September 11, 2001 terrorist attack is over; that it is now time for America to celebrate its patriotism; that approval of this funding will allow for a show of solidarity through the lighting of candles and a fireworks display as a show of unity; and recommended approval. Councilmember Hodges stated that the only concern is the fireworks; that personally this is not the time for a celebration but that the candles would be appropriate. Councilmember Oden stated that a patriotic rally at this time is in order; that a lot of vigils have been held; that if the Country is to move forward, normalcy must again be found; that there is a need to celebrate who we are and why we are here; that if candles are lit, the celebration will turn into a vigil; that the concern is understandable and respected, but that at this time, this event is needed. Council Minutes 10-03-01, Page 12 Minute Order 6944 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and carried by the following vote, that MO6944 be adopted. AYES: Jones, Oden, Reller-Spurgin and Kleindienst NO: Hodges ABSENT: None. REPORTS & REQUESTS: CITY COUNCIL reports or requests Councilmember Oden requested the name of Community Concerts be reviewed for possible conflict. PUBLIC reports or requests STAFF reports or requests City Manager requested subcommittee to review skate park status: Councilmember Reller-Spurgin and Mayor Kleindienst to reactivate service. City Manager requested subcommittee to serve in review of Architectural Review Committee: Reller-Spurgin and Oden to serve. Fire Chief stated that October 27 is the day to change batteries in smoke detectors and that those that need assistance should contact the Fire Department. ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk