HomeMy WebLinkAbout1992 - MINUTES - 5/6/1992 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
MAY 6, 1992
A Regular Meeting of the City Council of the City of Palm Springs,
California, was called to order by Mayor Maryanov, in the Council
Chamber, 3200 Tahquitz Canyon Way, on May 6, 1992, at 7:30 p.m.
ROLL CALL: Present: Councilmembers Hodges, Lyons, Reller,
Schlendorf, and Mayor Maryanov
Absent: None
The meeting was opened with the Flag Salute and an invocation by
Reverend M. Andrew Green, St. Paul Episcopal Church of Palm Springs.
REPORT OF POSTING OF AGENDA:
Report of City Clerk: Agenda posted in accordance with
Council procedures on May 1, 1992.
COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned
for the purpose of convening as the Community Redevelopment Agency;
after which, members reconvened as the City Council .
HOUSING AUTHORITY, FINANCE AUTHORITY, INDUSTRIAL DEVELOPMENT
AUTHORITY - No business
APPROVAL OF MINUTES:
It was moved by Hodges, seconded by Reller, and unanimously
carried, that the Minutes of April 21, 1992 be approved
PUBLIC HEARINGS:
1. CONFLICT OF INTEREST CODE - PLANNING & ZONING
Recommendation: That the Council approve amended and
restated Conflict of Interest Code for the Department
of Planning & Zoning, formerly a portion of the Department
of Community Development. City Manager reported that
this is housekeeping in nature, and reflects organizational
changes. (061
001
Mayor declared the hearing opened; there were no
appearances, and the hearing was closed.
Minute Order 4993 as recommended, was presented; after
which, it was moved by Hodges, seconded by Reller, and
unanimously carried, that MO 4993 be adopted.
PUBLIC HEARINGS:
2. AA 3.0698 (LINDSEY) - APPEAL
Consideration of appeal by Charles Lindsey from Planning
Commission denial of request for a time extension of an
architectural approval of a proposed 35•-unit apartment
complex at 2201 S. Palm Canyon Drive.
Director of Planning & Zoning reported that the project
was approved in 1990, and complies with Zoning and current
General Plan criteria; that the application is not subject ( III
to a public hearing, however, the Planning Commission 001
took public input at a regular meeting, and at a study
Council Minutes "9
5-6-92 Page 2
2. LINDSEY APPEAL (Continued)
session; that plan check time limit expired, and if the
appeal were granted, the next step would be the filing
for a building permit; that the issue before the Council
is the time extension, which is not automatic, and for
which the applicant must demonstrate good cause, and that
the applicant is trying to secure final financing. He
stated that the Commission disapproved the time extension,
and found that the project may not be in compliance with
the future General Plan, and was concerned about density,
noise, and traffic; that the Commission felt the density
may be lowered in this area, but there is no indication
yet as to what would be appropriate; that alternative
resolutions were provided to the Council , one to support
the Commission decision, and one to grant the extension.
He displayed the plans and the aerial photograph of the
area, describing the relationship to surrounding single
and multiple-family zoning and uses, and the building
mass. In answer to question by Council , he confirmed
that the Planning Commission approved the project 6-1
two years ago, and the density was not a problem.
Mayor declared the hearing opened.
Dave Baron, Attorney representing Mr. Lindsey, 600 E.
Tahquitz Canyon, stated that the owner plans to build
the project, retire to Palm Springs, and manage the project;
that he has followed all of the City's rules, and followed
all of the steps required, and obtained approvals along
the way; that he has spent $150,000 in plan development
and approval ; that he did not request any variances, special
setbacks, concessions on density, or financing assistance
from the City; that he obtained his financing after
Architectural Approval , but the building and plan check
was not completed until August, 1991, and by that time
the economy had changed, and one of his lender' s backed
out; that he has secured the financing and only needs
approval of the time extension; that concerns relating
to other apartment complexes in the area, they are 100-200
units, compared to the proposed 35 units; that construction
cost will be closer to $70 per square foot; that open
space is 65%; that he did not think the area was appropriate
for R-1, since Palm Canyon is four lanes, apartment
complexes surround the area, the Canyon project will
generate more traffic, and an R-1 project would be
unreasonable to ask of the developer; that a petition
was given to the Council impugning other project Mr. Lindsey
has built in Palm Springs, when in fact, he has not built
any other projects; that there are enclosed garages adjacent
to the single-family; that the property has been R-2 and
purchasers should have been aware, i .e. , the former Casitas
del Monte hotel .
Mrs. Stillman, 517 E. Vista Chino, stated that City Hall
pushes people too much, and the City should be less
restrictive, and more helpful to citizens, and give them
a chance to do what they want to do.
Dr. Robert Bueton stated that he owns the property on
the slope above the subject property; that his house is
11,000 square feet; that the 35 apartment units will be
on a parcel of about the same size as his; that there
could be 140 people living in the units, causing noise
and disturbance to him; that a similar project was denied
10 years ago, for similar reasons as the protests now
represent, but it also had a variance with it; that there
are too many vacant apartments now; that there are no
Council Minutes
5-6-92 Page 3
2. LINDSEY APPEAL (Continued)
rights to the approval because no construction has started;
that Mr. Lindsey said the project would cost $35 per square
foot; that his research shows the cost wound be $100-200
per square foot; that Mr. Lindsey approached him and offered
to sell the property to hire after the last Planning
Commission meeting; that only $5,700 has been paid to
the City in fees; that efforts are underway to improve
the quality of Palm Springs, and the Canyon area, and
it will not be beautiful if apartments are built; that
his opinion of apartment dwellers is 'that they are
transitory and do not take as much care as homeowners;
that Mr. Lindsey has had two years in which to raise the
funds; and that he supported upholding the Commission
action.
Harry Wells, 225 Ramon Way, spoke against the appeal ,
and felt the Commission found the use to Ibe incompatible
with the R-1 area, and the condominiums; that his
condominium is 3,500 square feet, which represents a big
difference in living accommodations compared to the 35
units on a small parcel .
Jack Bradley, 125 Camino Encanto, expressed concern that
the project will not be a gated community; that there
will be many cars; that he has not spent very much money
with the City, nor pulled any permits; that the area should
be rezoned; and that many bicyclist use the street.
John Shevlin, 183 Camino Encanto, stated that. the Commission
concerns were accurately represented by the Director;
that the density is not consistent with the surrounding
area; that on-street parking will block the flow of traffic;
that he did not believe that the inability to raise
financing was a showing of good cause; that such inability
may be a signal from the banks that the project is not
viable; that there is no vested right to architectural
approval or zoning; that the property has never had a
use such as the Casitas del Monte.
Bobbie Wallace, 353 E. Via Escuela, stated that whether
a person degrades a property is a matter of personality
and not tenancy versus ownership; that blue collar workers
need to reside near areas where they work, particularly,
because of poor transportation.
Mr. Lindsey, applicant, stated that he purchased the
property after selling his business in Fallbrook, because
it was a semi-busy street, close to downtown, and he wished
to manage the apartments; that he has never developed
any property in Palm Springs; that Dr. Bueton' s home is
for sale, and Dr. Bueton made the comment, following a
Planning Commission meeting, that perhaps he would buy
his property; that he did not offer it for sale, and was
not abandoning the project.
Bill Reid, architect for the project, stated that everything
was done to satisfy the City's requirements; that 'there
were no variances requested; that the zoning is the same
for the property, as it is across the street where the
condominiums are located; that financing was available,
and during building plan check he made several trips to
the City's consultant in San Diego, to cllarify erroneous
changes; that construction costs were never estimated
at $35 per square: foot; that the project: is compatible
with the neighborhood zoning; that Dr. Bueton cannot. see
the property, except from the edge of his property looking
downward; that he heard Dr. Bueton offer to purchase the
property from Mr. Lindsey.
Council Minutes
5-6-92 Page 4
2. LINDSEY APPEAL (Continued)
James Cioffi , architect, 700 E. Tahquitz Canyon, and member
of the Planning Commission, stated that he thought the
proceedings were outrageous, and is not an issue of land
use; that the property is zoned R-1. and the pro ect complies
with every ordinance on the books, and exceed open space
requirements; that there is nearly 100 feet separating
the first unit and the closest house to the south; 'that
it is not an issue of construction cost; that it is an
issue of right-of-zone, and a project which was approved;
that it is not an issue of the General Plan because it
is not certain whether the area will be down zoned; that
the site is not suitable for R-1 custom homes on a busy
thoroughfare; and that the issue is whether an approval
can be granted one year, and then removed the next.
Joe Solomon, Canyon Development, 535 Via Lo"Va, implored
the Council to approve the project.
Sam Arkilian (?) , Camino Encanto, stated that the Casitas
del Monte consisted of 8-9 small cottages; that if only
10 of the units had parties, people would not be able
to get onto the street; that there are no curbs; and that
he favored 15 deluxe condominiums.
There being no further appearances, the hearing was closed.
Mayor stated that an alternative to approval or denial ,
would be to return the matter to the Planning Commission.
Director of Planning & Zoning stated that a referral back
should include specific direction for the Commission to
reevaluate, and report back on. In answer to questions
by Council , he stated that the property has been zoned
R-2 since 1970; that the General Plan was last updated
in 1972, and if the property was rezoned, it would have
been from R-3 to R-2; that since the project was approved
in 1990, there has not been any significant change in
architecture or character of the area, in that most of
the properties were developed prior to 1990; and that
architecture did not come up as a prime concern.
Councilmember Lyons stated that it is speculation the area
might be down-zoned is not germane to the issue; that
the property is R-2, and there is no plan in place to
change it to R-1; that Palm Canyon Mobilehome Park and
the Palm Canyon Apartments, and Desert Skies Apartments
which converted to condominiums, all face this street,
which is fast moving and is not confronted with traffic
problems; that concerning the issue of good cause, the
Planning Commission has routinely granted these kinds
of time extensions; that he found it distasteful to say
that apartment dwellers do not take care of the properties
where they live; that the applicant has done what was
asked of him; and that he would support returning the
matter to the Planning Commission, with consideration
of a shorter time extension in which to obtain the
financing.
Councilmember Hodges stated that the Council should make
the decision; that while she sympathized with the neighbors,
the issue was not density, height, or parking, rather
whether an architectural approval should be extended to
get financing; that financing has not been easy in the
recent economic situation, for any type of project, and
is a just cause for the extension; and that she appreciated
the neighbors concerns, but the time to have expressed
those was when the project was first considered.
Council Minutes
5-6-92 Page 5
2''. LINDSEY APPEAL (Continued)
Councilmember Reller stated supporting the original approval
is a reflection of the City' s credibility.
Councilmember Schlendor; stated that she agreed the
neighbors protest should have been dealt with in 1.990;
that the applicant did follow the rules; that there has
not been any change in the architecture that was approved
in 1990; and that there was no reason to start over.
Mayor stated that he agreed that the concerns should
have been addressed two years ago; that by right-of-•zone
a person is entitled to rely on that right; that he tended
to agree with specifying time in which to obtain financing;
that he believed apartment dwellers take care of where
they live, in the same way homeowners do, in that it rellates
to the type of person, not ownership; that he was
sympathetic with the homeowners, but reliability of zoning
is a reason for zoning, per se.
Resolution 17835„ overruling the Planning Commission,
and granting the appeal , was presented; after which, it
was moved by Hodges, seconded by Sc:hlendorf, and unanimously
carried, that R17835 be adopted.
PUBLIC COMMENTS:
a) Re Item 6.
Earl Johnson, President of the Andreas Hills Homeowners
Association, submitted copies of letters he previously
sent to the City, and expressed concern about
privatizing the cost of maintaining sewer line's in
gated communities, and the impact it would have on
the Andreas Hills development's opportunity to have
a gate erected in conjunction with the Canyon
development. He stated that the homeowners have said
they will not pay for sewer maintenance.
Manny Seagle, Andreas Hills resident:, stated that ( 11
gated communities increase real estate taxes and revenue 000
to the City, reduces need for police, and takes care
of its own streets, but should not have to maintain
sewers.
Joe Solomon, 535 Via Lola, stated that he thought
it unconscionable to ask people to pay for a built-out
service, just because of putting up a gate; and that
the gate at Andreas Hills development will increase
tax base, and will be installed at no cost to the
City.
b) Re Item 9.
Todd Boyse, P.S. Jaycees, stated that the organization
operated on a deficit for the last three years, and
currently has an outstanding debt from the 1991
fireworks show; that it earned $5,000 from programs
last year; that it wants to continue=, the tradition
of sponsoring the show; that they would like to have
the City guarantee the funds, with the Jaycees providing ( 10✓
the manpower, the advertiser-paid program, and 00
promoting; that there will be a carnival in May, 'which
should net enough to pay off the current debt; and
requested that the City act as guarantor, and cover
any deficit it is unable to cover.
�;rbl
Council Minutes
5-6-92 Page 6
c) Other Public Comments, not related to an agenda matter:
Stan Serasky, E1 Dorado Mobilehome resident, read
a portion of a historic chronology of the tenants
and owner's differences. Mayor advised Mr. Serasky
that the Council was fully aware of the situation,
and members have pledged to help resolve the issues.
Emile Duvernay, Hermosa Drive, urged that the community
move away from a N.I.M.B.Y (not in my backyard)
attitude, and hoped that the Council will do everything
to bring about a unified community.
Joan Gattuso 264 Debby, submitted "peti ';ions" and
asked that they be used as a protest to the DBID,
representing 260 merchants; that 85 businesses did
not pay the assessment the first year, and 178 who
did not pay last year; that the 178 unpaid represents
$400; that she wanted to know how many have paid;
that a third party is not needed.
Betty Kemp, Amado Center, also commented on the DBID,
and was pleased that an early study of the complaints
will be made, and asked that it include an examination
of how the protests were dealt with in the past, i .e. ,
value of the assessment versus the one vote per
business; and that districts are usually intended
to serve a greater good for a larger area.
Pauline Smith, Palm Springs, supported dissolving
the DBID.
Joel Simpson, 3027 Monte Vista, explained his platform
related to his candidacy for U.S. Congress.
Ron John, Palm Springs, stated that he has a miniature
golf course proposal , and would like assurances that
it will move forward.
Frank E. Brown, 670 Calle Palo Fierro, proposed to
take over operation of the Welwood Murray Library,
for $40,000 annual of which $20,000 would be his
compensation; that he would propose it remain under
the umbrella of the Library Center, and he would obtain
100 volunteers and operate it at extended hours to
serve needs of students and others.
Bobbie Wallace, Via Escuela, expressed interest in
helping to raise revenue for the City.
Tony Aguilar, Mark Leslie Drive, stated that the Latinos
for a Better Palm Springs Cinco de Mayo celebration
was rescheduled to May 16, and he thanked the staff
and others for helping to make the necessary shifts.
He also stated that the efforts of the organization
are to get the Hispanic Community more involved in
the City, since it represents 20% of the population.
George Goldberg, Box 4156, commented on how much money
is paid to out of town people by the City;
qualifications of people who serve on commissions;
and suggestion for a run-off election for mayor.
ll iJ 1. iJ
Council Minutes
5-6-92 Page 7
Steven Deck (?) Avenida Palos Verdes, Caldwell , Reed&
Associates, commented regarding seismic: retrofitting,
and that he is working with the Building Department,
which may result in savings to people in the community.
Mayor requested that the Council °s policy on the
purpose and expected decorum during the "Public
Comments" portion of the agenda be reviewed at the
next study session; looking possibly at requiring
that a person give his/her legal name, address, and
show respect at the microphone. He ,stated that he
did not believe the public comments portion was
intended as a forum for making unsubstantiated
accusations, or derogatory remarks about individual
citizens.
LEGISLATIVE ACTION:
3. P.D. 224 - SHADOWROCK RESORT
Recommendation: That the Council accept a proposal from
Smith, Peroni & Fox Planning Consultants, Inc. , to prepare
an environmental impact report for the Shadowrock Resort
preliminary development district project for $62,400,
A3101.
Director of Planning & Zoning explained the RFP process
used, resulting in the interview of three potential firms;
and conclusion that Smith, Peroni & Fox was the firm with
the best experience, most detailed proposal , and best ( 116
understanding of the project and the environmental issues
at hand, and for the lowest price; that .a contract was
negotiated, which includes an "at cost" item for printing
of the final report, since it was not known how large
that document might be; and that the developer will pay
the full cost, plus an administrative fee, and deposit
$7,500 to cover estimated legal costs of the City Attorney.
Minute Order 49911 as recommended, was presented; after
which, it was moved by Lyons, seconded by Reller, and
unanimously carried, that M04994 be adopted.
4. P.D. 194 - COUNTRY ESTATES HOMES
Recommendation: That the Council approve the final planned
development district application, in-lieu of a change
of zone, for the construction of a 64-unit, two-story,
apartment complex located on the southeast corner of Avenida
Caballeros and Baristo Road, R-G-A, Section 14; and second
reading of Ordinance related thereto.
Director of Planning & Zoning displayed plans, detailed
his report, noting that the next step will be plan check
and obtaining building permits.
(11'
Councilmember Hodges commended the staff, developers and 06C
residents for resolving prior concerns for what was at
one time a very controversial project.
City Clerk read title of Ordinance 1413, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE ZONING MAP BY APPROVING A PLANNED DEVELOPMENT
DISTRICT IN-LIEU OF A CHANGE OF ZONE TO R••3 FOR A 64•-UNIT
CONDOMINIUM COMPLEX AT THE SOUTHEAST CORNER OF AVENIDA
CABALLEROS AND BARISTO ROAD, SECTION 14.
It was moved by Hodges, seconded by Reller, and unanimously
carried, that further reading be waived, and! that Resolution
17836 and Ordinance 1413 be adopted.
Council Minutes
5-6-92 Page 8
5. AIRPORT TERMINAL CONSTRUCTION
Recommendation: That the Council ratify Change Order
7 R 8 to Agreement 2984 with Turner Construction Company
for $79,099 and $20,373 respectively and approve Change
Order 9 for $82,703.
Director of Aviation stated that he fully understood the
Council °s concerns regarding change orders, and staff
will make certain that any change orders, if at all , are
kept to the a minimum amount.
Councilmember Lyons stated that he understood the uniqueness
of this situation, i .e. , a large-scale, unknown condition (051-
pre-dating World War II, but considered it unfortunate 055)
that the process can be overridden, in that it is not
unique and there must be some way to build accountability
into the bid process, otherwise he considered it worthless;
and that contractors should be accountable, and staff
should take steps in that direction so change orders do
not happen so often.
Councilmember Hodges stated she would abstain due to a
potential income to her employer through subcontractors.
Mayor stated that he shared the concerns expressed by
Councilmember Lyons.
Minute Order 4995 as recommended, was presented; after
which, it was moved by Schlendorf, seconded by Lyons,
and unanimously carried, Hodges abstaining, that MO 4995
be adopted.
LEGISLATIVE ACTION:
6. PUBLIC INFRASTRUCTURE WITHIN PRIVATE COMMUNITIES
Recommendation: That the Council approve Procedures and
Policies to provide control and coordination for the
vacation and abandonment of City streets and subsequent
conversion of same to private communities.
City Manager recommended this matter be continued to June (114-
17, 1992 004)
So ordered.
7. VEHICLE MAINTENANCE AGREEMENTS WITH OUTSIDE AGENCIES
Recommendation: That the Council approve maintenance
agreements with the City of Cathedral City and the County
of Riverside; and approve Amendment 7 to the allocated
positions and compensation plan, to add two equipment
technicians, one maintenance technician, adjust the salary
range of three existing positions, and reclassify one (123-
secretary position - A3102 (Cathedral City) A3103 (Riverside 001)
County).
(123-
005)
(061-
012)
Council Minutes
5•-6-92 Page 9
7. VEHICLE MAINTENANCE AGREEMENTS (Continued)
Director of Public Works highlighted his report, noting
that the additional personnel are for the purpose of
servicing the additional fleet. In answer to question
by Council , he stated that staff°s intent is to take 45-60
days to ffll the positions; to begin phasing-in the work
at this time; and to assure the Council that if the user
eliminates the service, the corresponding staff will be
eliminated.
City Manager stated that a longer notice of cancellation
could be required in the contract; and that the salary
adjustments could be held, pending budget review.
Councilmember Hodges stated that there are some benefits
to the City in having the 30-day cancellation, i .e. , it
may be found that the City is not reaping the benefits
it thought would happen, and the 30-day cancellation would
provide the opportunity to get out of the contract; that
she was in favor of the recommendation, exploring the
cancellation clause, and holding the reclassifications
until the budget is reviewed.
In answer to questions by Council , Director of Public
Works stated that there is no guaranteed employment, and
that there are :some additional duties that will be
performed, which related to the reclassification, and
will need to be loolked at again.
Minute Orders 4996 and 4997 as recommended, respectively,
and Resolution 17837 approving Amendment 7 to Allocated
Positions and Compensation Plan, excluding salary range
adjustments, were presented; after which, it was moved
by Hodges, seconded by Schlendorf, and unanimously carried,
that MO 4996, 4997 and R17837 be adopted.
8. SAVE THE WELWOOD MURRAY MEMORIAL LIBRARY COMMITTEE: PROPOSAL
Recommendation: That the Council consider proposal from
the Save the Welwood Murray Memorial Library Committee
that the Welwood Memorial Library be leased to a nonprofit
corporation, formed by the Committee, for a long term
period at nominal rent, to operate a library at that site,
open and free to the public.
In answer to question by Councilmember Hodges, City Attorney
stated that he has determined that in terms of her position
with the Committee, Ms. Hodges is not receiving any
financial consideration or gain, or other financial interest (ogg-
in the current litigation, and he did riot believe she 005)
has a conflict of interest; and that this opinion has
not been referred to the FPPC.
Councilmember Hodges stated that she was hopeful the
committee and the Council could work together with the
community in putting together a proposal ; .and was pleased
that this was the first decision of a positive nature
in dealing with the committee.
Minute Order 4998 as recommended, was presented; after
which, it was moved by Lyons, seconded by Schlendorf,
and unanimously carried, that MO 4998 be adopted.
1lt37
Council Minutes
5-6-92 Page 10
9. FOURTH OF JULY FIREWORKS DISPLAY AT ANGEL STADIUM
Recommendation: That the Council provide direction to
city staff regarding the annual Palm Springs Fireworks
show.
Director of Public Relations b Special Events stated that
the Jaycee' s dilemma only came to the staff's attention last
week, and it appears there may be some kind of cooperative
effort to help them resolve the situation; that the Jaycees
feel strongly that they want to continue the event; that
they owe `the City and the fireworks firm money from last
year of about $6,000; that the annual cost of the show
is about $13,000, with City services and advertising dollars
added to that figure, for a total of $20,500 or for an
additional $2,000, the show can be electricaltly fire and
musically choreographed. She suggested that a business
plan be put together regardless of how it is achieved
this year, so there will be a firm foothold for next year;
that she felt there were a number of opportunities with
different businesses to avoid a crisis again next year;
that a business plan could probably be put together in
about 10 days; that the carnival will raise enough to
repay the debt, and other items may include an admission
charge, printed programs, and contacting other businesses.
She stated that the fireworks firm will only do business
with the City, and will require payment of the debt and
payment of a deposit for the next event.
Councilmember Hodges stated that for several years, this
situation has occurred; that perhaps the show should be (104-
scaled back; that a great number of people watch the show 009)
from outside of the stadium, and would not be paying an
admission, which could be disincentive; that perhaps this
year should be addressed, and subsequent years be looked
at earlier, with specific plans in mind.
Todd Boyse stated that the Jaycees are looking for the
City to guarantee this year's contract; that last year
they made $5,000 from programs, and $3,100 From other
sources; that their goal is to provide the show at free
admission, and to continue doing so each year; that if
they could generate the revenue, the fireworks company
will not enter into a contract with them because of the
outstanding debt; that a fund-raising event for last year
was cancelled, which caused the deficit; that he agreed
a business plan was needed; that they tried to get
fund-raisers started and told the City four months ago
of their desire; that they did not want to set precedent
that they will not be doing the show next year, and they
want to continue what has been a tradition for 36 years.
Councilmember Lyons stated that he did not want to lose
the show, nor did he think a $1 admission would deter
anyone from attending.
City Attorney stated that it was not clear whether the
fireworks firm wants to enter into contract with the City,
or would be satisfied that the City was the guarantor,
and that in addition to reviewing a business plan, the
legal documentation would need to be addressed.
'b0
Council Minutes
5-6-92 Page 11
9. FOURTH OF JULY (Continued)
Councilmember Schlendorf stated that she was concerned
that City staff is looking at budget cuts, and a $20,000
expenditure would be better spent on salary than fireworks;
that it should be clear the guarantee would be a loan,
and a legal debt and every effort made to repay it; and
the Jaycees must be responsible for what they enter into.
Councilmember Reller stated that this was a last minute
request.
Mayor stated that if the Jaycees are unable to repay this
amount, he would not be willing to consider any future
arrangement, and would see the City taking over the event.
In answer to question by Council , Director of Parks,
Recreation and Golf stated that the subject came before
the Parks & Recreation Commission at least two times,
and the Commission made an offer to cosponsor the event;
that the Jaycees wanted to remain independent; that several
suggestions were made, and the carnival was the only event
that materialized.
City Manager stated that the development of the business
plan would be assisted by the Director of Public Relations
and Special Events, brought back to the Council for
approval ; and the plan monitored for timely consideration
in the future.
It was moved by Lyons, seconded by Maryanov, and carried
by the following vote, that the Council approve the City's
guarantee of a manually-fired fireworks program, guarantee
to be in a form approved by the City Attorney; that the
Jaycees provide a business plan to recover costs, subject
to City Council approval and with staff guidance in
developing it, for submittal at the May 19 study session;
and that the Council reserves the right to take over program
if the Jaycees do not move ahead with the business plan,
otherwise the program shall remain with the Jaycees.
AYES: Hodges, Lyons, Schlendorf & Maryanov
NO: Reller
ABSENT: None
10. ADDITIONAL LEGISLATIVE ITEMS: None
CONSENT AGENDA:
111. MO 4999 approving a license agreement with the U.S. Department
of Commerce and the National Oceanic Atmospheric: Administration (o51-
to allow installation and operation of an automated surface 026)
observing system on Airport property. A3104.
12. MO 5000 approving Amendment 1 to Agreement 3044 for an alternate (051-
site for the Airport temporary control tower. 013)
13. MO 5001 ratifying Change Orders 1 & 2 to Agreement 2982 with (051-
Glidepath-USA, Inc. for $1,800 and $3,500 respectively. 055)
14.R17844 awarding bid for the Palm Springs Regional Airport (051-
Access Control System to the lowest responsive bidder. 015)
15. MO 5003 approving an agreement with Staefa Control System
Inc. , for additional air-conditioning controls at the Airport (051-
for $36,000, and waiving formal bid procedures. A3105. 055)
U?6'7
Council Minutes
5-6-92 Page 12
16. MO 5004 approving the termination of the ground lease dated (051-
July 26, 1965 with the Palm Springs Airport Lease Company 015)
effective October 26, 1986.
17. MO 5005 approving an agreement with Muni Financial Services
to provide arbitrage rebate calculations for City' s bond issues,
maximum compensation not to exceed $40,000. A3106.
18. Res 17838 temporarily closing certain streets in conjunction (136-
with the 1992 Desert Lesbian and Gay Pride Festival and parade. 041)
19. MO 5006 exempting Desert Water.. Agency from the City's street
construction restriction policy for land closures on Indian (114-
Canyon Drive on fifteen separate days beginning May 11, 1992, 004)
20. MO 5007 exempting Matich Corporation from the City's street
construction restriction policy for lane closures on Ramon (114-
Road at Paseo Dorotea, Avenida Evelita and El Placer Road
on three separate days in May, 1992 prior to May 31 and 004)
excluding Mondays and Fridays.
21. Res 17839 authorizing the City Manager on behalf of the City (051-
to accept Grant Amendment No. 2 to Airport Improvement Project
3-06-0181-14 (AIP-14) . 020)
22. MO ----- approving agreement with Security Design Concepts
to provide security review of development projects in the
design review stage for projects submitted to the City, not
to exceed $5,000; and Res ----- amending Comprehensive Fee
Schedule to establish fees thereto. A DEFERRED
23. Res 17840, 17841, 17842 and 17843 approving Payroll Warrants (086-
and Claims & Demands. 010)
24. Motion concurring in CRA actions R856 - 858. (124)
It was moved by Reller, seconded by Hodges, and unanimously
carried, that MO 4999 through 5007, Resolutions 17838
through 17843, motion in Item 24, and the deferral of
Item 22, be adopted.
ADDED STARTERS - None
REPORTS & REQUESTS:
25. TREASURER MONTHLY REPORT - Received & Filed (121-
a) January 1992 002)
CITY COUNCIL reports or requests - None
STAFF reports or requests - None
ADJOURNMENT
There being no further business, Mayor declared the meeting
adjourned to May 12, 1992, 2:30 p.m. , Large Conference
Room, City Hall .
9iU;=THMICH
City Clerk