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