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HomeMy WebLinkAbout1997 - MINUTES - 3/5/1997 ( ^1)r O(J CITY OF PALM SPRINGS CITY COUNCIL MINUTES MARCH 5, 1997 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor >leindienst, in the Council Chamber, 3200 Talrquitz Canyon Way, on Wednesday, March 5, 1997 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 Barnes, Hodges, Odell, Spurgin, and Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag, led by Boy Scout Troop 262, and an invocation by .Josephine McCall, First Church of Christ's Scientists. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on February 28, 1997. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 4 of agenda this dale. HOUSING AUTHORITY: FINANCING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY - No business PRESENTATIONS: Proclamations: PSIIS Band, American Red Cross, Earl Hall 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. APPROVAL OF MINUTES: It was moved by Barnes, seconded by Hodges, and unanimously carried, that the minutes of February 5 and 19, 1997, be approved. COUNCIL COMMENTS/ANNOUNCEMENTS: a) Mayor and 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. b) Mayor reported on Washington, D.C. trip, also attended by Councilmember Barnes, the City Manager and Director of Transportation, regarding potential funding for transportation issues. PUBLIC HEARINGS: 1. NOTICES TO ABATE NUISANCES - SHOW CAUSE Recommendation: That the Council order the abatement of public nuisances at the El (057- Presidente Hotel, 1450 N.Indian Canyon Drive; Ilse Sandcastle Inn, 2330 N. Palm Canyon 009) Drive; and building at 909 E. Cottonwood Road; and order the demolition of said (057- buildings should the responsible parties not take the required corrective action within 30 010) ' days. (057- 011) Director of Planing & Building stated that the subject properties represent possibly the worst of the worse cases which his department has been working on in response the Council's priority to recapture neighborhoods; that the police department had to provide assistance in some cases to inspect the property, and two of the properties are o, major thoroughfares; and that the buildings needed to be abated. 0(%a• Council Minutes 3-5-97, Page 2 1. NOTICES TO ABATE NUISANCES - SHOW CAUSE (Continued) Planning Manager explained each case in detail, as described in the memorandum of the Director of Planning Sr. Building, together with the corrective action for each property. The Director of Planning & Building displayed photographs of the subject properties, and described the physical circumstances of each; and provided a detailed review of the proposed resolutions for each case, containing recitals, findings, declarations and outlining the corrective action, which were developed with die City Attorney. Mayor declared the hearing open. Bette Tmninello, resident, stated that she has seen the properties from the street, and observed that they are fenced, but poorly, and are accessible to children. She questioned how die charges will be billed, future utilities and other requirements that may tie imposed in the future; and she supported that immediate demolition of the buildings. John Comrell, resident, questioned how the City can permit such properties to remain; that the buildings house prostitutes, and are a threat to children, who cannot safely walk in the area; that neighbors in the area have spent a lot of money to bring up their properties, which has encouraged others, and it is not fair to allow three owners to spread a cancer into the neighborhood; and that Desert Shadows Inn is an example of a property (057.. owners securing financing, and upgrading a property to millions of dollars, 009) Ray Lovata, co-owner Desert Shadow Inn, stated that the action is an opporttnrity for the (057•. Council to clean up and change Palm Springs; that hotels in the area thank the Council, 010) as well as businesses along Indian Avenue; that the Council has said it will do something about blight, and action on these matters will be a major step in giving back the (057- neighborhoods. 1011) Myrna Oakman, Real Estate Broker, stated that an escrow has opened regarding the ' Sandcastle property, and she requested all extension of time in which to allow the escrow to close; that $800,000 has been deposited into escrow; that the property is boarded and fenced, and no one can get into it. Fred Schute, speaking for Mr. Shitblrim, Ed Presidente property, stated that all reports are true; that he took over the property in 1996, and has tried to tried to securee a loan, however, there are problems with taxes due of$348,000; that he paid $200,000 cash for the property, with no mortgage on it, and that he "was taken" and lie was requesting a 60-90 day extension to get the tax situation resolved, after which he can secure funding. Victor Punjabi, owner of the Sandcastle, stated lie sold the property in i990, and received payments until September, 1993; that foreclosure started and he only just received the judgement in 1996, and be must now proceed with a Writ of Sale; that lie has lost a lot Of money on the property, and he was trying to sell it, even at a lesser value; that he was requesting time, and if the building is demolished, the new owner may not proceed with the purchase, and he will lose everything; that he can close die escrow, even without the writ of sale, if the buyer can be convinced that there will be no problem; and that his litigation has been transferred from court to court. Stephen Payne, President of the Uptown Palm Springs, stated that the requests are only to allow transferring the property to someone else, and not to take responsibility for the condition; that the properties have been in these conditions fair years, and the Council has an opportunity to rid blighted and dangerous conditions; that they represent three of the worst examples or decay which have been ignored for years; that Uptown Palm Springs ' has been trying to call attention to worsening situations, but no one has tried to change the situations; that neighborhoods need to be returned to a condition of no shame or no fear of walking in them; that the condition of these buildings is a personal insult to everyone who lives in Palm Springs; that boarding-up the buildings only lasts a short time, and it is back to the same situation: that it is time to begin and take control of recapturing the neighborhoods. Council Minutes 3-5-97, Page 3 1. NOTICES TO ABATE NUISANCES - SHOW CAUSE Fred Ebeling, resident, relayed a story about Garden Grove, and stated that the Council needs to look at the cause and not the effect; that there is a responsibility to help people who have invested money in the community; and that those investments were not made to just have a slum. He added that parents need to have more control over where their children are during the day or night. Tim Ellis, Tuscan Manor, and President of the P.S. Hospitality Association, stated that this is an important decision for the City and for the hotel business; that he was empathetic to the small hotel owner who has difficult financial responsibility to making it, but sometimes they cross the line and allow decay, and that cannot be supported by the PSHOA because it will hurt the hotel industry; that lie agreed with Mr. Payne that the buildings must be demolished; that the "north end" is not blighted, rather a wonderful area with great people and neighborhoods, but there are a few owners who are letting (057- their business and homes deteriorate. 009) Don Frank, resident, stated that he fell the gambling people have broken their word, and (057- that the same activities which occur in these places also occurs at die casino. 010) Heinz Simberle, Cottonwood Road resident, stated he has a difficult time renting his (057- property because of the 909 Cottonwood property, and that he has heard tourist complain 011) and ask why the property is allowed to remain like that. Jerry LaFond, non-resident, stated that these properties are dangerous, and it will only take one inquisitive twelve-year old child to climb the wall at the El P residente, and have a fatal fall on the other side, and he urged that the Council do something before that happens. ' Jim Jones, resident, stated he owns property north of the El Presidente, and is also the President of the local apartment association, and that he is happy that the Council will do something,because the rights of these property owners has infringed on the rights of other property owners; that the conditions are a disgrace, and the property must be cleaned up. There being no further appearances, the hearing was closed. City Attorney staled that of the persons who appeared, he did not hear anyone who represented the 909 Cottonwood property, therefore, there were no objections made concerning that property. That in terms of process, neither of the other two property representations referred to anything about improving the property, rather referred to legal issues and disputes about acquisition of the property, and it appears they are a long way from any schedule of improvement, or that if they had added time that it could happen; that if there was an indication that they could renovate the property within 30 days, staff might have a changed recommendation; that the intent of staff is that there will be no action for 30 days, and it would seek court orders for demolition, and if the owner could actually complete the corrective action required, evidence of that could be presented to the court; and he recommended staying with the 30 day deadline, and before proceeding with actual demolition, the staff seek a judicial order therefor. Director of Planning & Building concurred in recommending the adoption of the resolutions, as presented. Councilmember Oden stated that the Council made recapturing the neighborhoods one of its highest priorities; that it has talked about this and asked for and received repeated reports; that the letter of the law has been followed in providing notices, and on-site inspections with people in the community, and all of the conditions reported are real; that Council action to proceed will send a message to the young people that it is not acceptable for properties to look like this. Councilmember Spurgin stated that this is an opportunity to set a precedent that the City will no longer allow decay of its neighborhoods and failure to compiy will result in action being taken. Council Minutes 3-5-97, Page 4 1. NOTICES TO ABATE NUISANCES - SHOW CAUSE (Contivated) Councilmember Barnes stated that there are many reasons for proceeding; that it appears obvious what needs to be done; that it may be a favor to the owners to demolish them, as they are beyond renovation in clearly two of the three cases; that children's whereabouts and safety is a parental responsibility, but they are curious, and a child condd fall into the hole on the other side of the wall at the El Presidente; that in the requests for extension, there was uo comment about repair, rather to convey title, but the problem will still remain. Councilinember Hodges stated that the interiors are a disgrace, and she regretted that action was not taken sooner; that action will convey that Palm Springs is not the place for these conditions, and the City will not stand for it any longer, and it will take tte action necessary to rid the community of these lands of situations. She expressed hope that the court order could be obtained on the 31st day, and the buildings down by the 37th day. Mayor stated that recapturing neighborhoods has been a key priority of die Council; that there was acknowledgement that it has been a long-standing problem, but it would not allow it to continue, and staff was instructed to compile die step-by-step procedures necessary so everything was proper and legal in pursuing cleaning up the neighborhoods; that the Council has tried through communications to be fair and to cooperate with the property owners, but there has been no movement toward change for years, and the final step is to repair, renew or raise the buildings. He added that these are not the only properties which have deteriorated as to the health and safety and well-being of the community. He commended the staff, City Attorney, and Council for its action. Resolutions 18988, 18989, 18990 as recommended, was presented; after which, it was moved by Well, seconded by Spurgin, and unanimously carried, that R.18988 through 18990 be adopted. INTERAGENCY REPORTS: ' PUBLIC COMMENTS: a) Comments concerning Item 6: Chuck]Koller, resident, President of the Village Center of Arts, provided a brief history of the Center's use of the property, and stated he did not think the Council has received both sides of the issue; that the Center has been portrayed as a bunch of deadbeats, which is not true; that the Board members were under the impression that they did not have to pay the rent for the past twenty months; that there have been tough times; that if the only issue is the rent, it will be paid; (117- that they have the ability to pay it, and he did not think that it was the main 023) issue; and that they need to stay at Frances Stevens. Culver Nichols, mid-way through the following comments, offered to donate the funds to cover die needs that seem to be the problem associated with the VCA remaining at the Park. The following persons spoke in support of the Village Center of Arts, commenting on its value to the community, and to diem as individuals, and urging that the Council allow the Center to remain at its present location: Chantessy Safira, Desert Hot Springs ' Jacquelyn Storm, resident. Betty Tuminello, resident Judith Chapman, resident (also asked those in favor to rise and be recognized). Robert Beck, P.S. Dance Co., Cathedral City. Ruth Ellis, Baim in, Mickey M.cGuirre, resident. Carmen Rivera, resident Rafi Safira, resident Dianne Blum!!, Cathedral City nt: 1131 . Council Minutes 3-5-97, Page 5 a) Comments concerning Item 6 (Continued) Laura Heggie, Palm Desert Lisa Ellis, Banning John Storm, resident ' Lukas Morticus, resident Chritina Petrovik, resident Daniel (?) Desert Star Blvd. James Flarity, resident Miss Moran (?) Douglas Storm, resident Tanya Petrovik, resident Edna Popov, resident, suggested it is owned by taxpayers, and should be supported by taxpayers. Jim Toenjes, instructor at the Center Nicholas Ferret (?) Young girl, Camino Rojas Man, (Porviardi ?) resident Jeanie Trummel, resident, on behalf of her daughter. Carlos Leon, Rancho Mirage Alvira Leon, Rancho Mirage Cynthia Petrovik, resident Angie Rivera, resident Paul Gardino, resident Fred Ebeling, resident Darrell Meeks, resident, reminded the Council that it recently reduced the lease rent to the Plaza Theater by more than the rent money outstanding on the VCA, and the Theater is a for-profit organization. ' b) Comments concerning other matters on the Agenda: Items 2, and 4: Darrell Meeks asked for a copy of any materials that might be provided concerning Item 2; and suggested that existing staff be used concerning (084- Item 4. 013) Item 5: Steve Lyle, Chairman Alternative Transportation Committee, spoke in support of using Amado Park as a demonstration test site, rooting that the Zoning (109- Ordinance currently does not allow this use. Don Prank concurred with Mr. 003) Lyle. Item 4: Miles Barrett, President of the Chamber of Commerce, stated that the (117- Council directed the City staff to explore ways to share services of the Chamber 036) and the City to eliminate duplication of services, and help the Chamber to maintain its current level; that he felt the proposal accomplishes both concerns. He added that the Chamber's reservation system is archaic, and the proposal will allow the Chamber to service its membership and the commu,rity, without hiring additional staff. Item 3: Doug Galloway, Parks &Recreation Commission Vice-Chairman spoke (109- in support of the dog park concept. 003) c) Comments on matters not related to an agenda item: ' Dick Sroda commented on the crime rates in Palm Springs compared to other Coachella Valley Cities. LEGISLATIVE ACTION: Council Minutes 3-5-97, Page 6 2. CDBG 1997-98 UPDATE CDBG\Housing Specialist stated that Emile Duvernay and David,Maker had stepped down from the Committee due to illness and other commitments; that Tim Barrial and Dorothy (085- Bowens would be serving on the Committee to finish out the process; and that the 013) applications will be furnished to the Council in one m.ondn will, Committee recommendations. Council commented that the report could be furnished in a written form. City Manager stated that to assist in keeping the public and Council informed, the CDBG report would be moved to the Presentation portion of the agenda. 3. DOG PARK Parks 8c Recreation Conunission recommends that the Council designate a 178' x 380' parcel between Civic Drive and the Co-generation Plant as a dog; park. City Manager reviewed the memorandum of the Parks 8s Recreation Director and added (109_ that concept approval is desired. 003) Councilmember Odell questioned the Office of Management and Budget memo and if those concerns should be addressed in the resolution. City Manager stated that the matter will be revisited when fluids have been raised to address the construction portion of the concept. Mayor stated that the park will be funded by private donations; that once the park is built, it becomes a part of the City infrastructure, and that if fundraising efforts do not produce enough to nun the park, the General Fund will be become responsible; that the costs need ' to be examined for items such as irrigation, insurance, clean,up, maintenance, and overseeding. City Manager stated if the Council approves the concept, staff will bring back answers to those questions, including construction costs. Councilmember IIodges stated the Committee requests the Council's approval of the concept in order to go to the public for the funds; that in order to raise the fluids, a specific location of the park needs to be given; and that the Committee will determine how much money can (and needs to) be raised to cover fencing, grass, etc; that fundraising will be an on-going effort, including ways to raise money at the park itself. Councilmember Spurgiu stated that there are concerns that all of the Council would like addressed relating to the fundraising, and continued maintenance costs; that the Utility User Tax is going to the ballot in November arid that the Counci!I should exercise caution in adding any new projects. Councilmember Hodges commented that the Parks and Recreation Commission will be coordinating all efforts regarding the dog park; and that as theiirst fundraiser, a pet parade will be held March 22, 1997, at Amado Park at 1 p.m. Resolution 18991 as recommended, was presented; after which, it was moved by Odell, seconded. by Hodges, and unanimously carried, that R18991 be adopted. Council Minutes 3-5-97, Page 7 4. VISITOR INFORMATION CENTER - CHAMBER OF COMMERCE HOTEL RESERVATIONS Recommendation: That the Council approve an agreement with die Chamber of Commerce for the Visitors Information Center to handle its individual hotel reservations, ' A City Manager requested the Council consider allowing. him and the Assistant City Manager to meet with the Chamber of Commerce to review the agreement, which is a concept that may benefit the City. Councilmember Hodges stated that there are some points of clarification needed, such as whether added staff would be needed; how many calls are actually received each day; and (117- additional information in order to make a decision. 036) Councilmember Oden questioned if there would be a cap for the agreement. Councilmember Barnes stated that the concept is good and there will be benefits for the Chamber and the City; that die people at the Visitor Information Center are experts in making reservations, while the Chamber staff is more multi-purpose; and that the idea should go forward. City Manager stated that this is a big issue, and lie would like to presente it to the Chamber as a month-to-month trial; that proposal calls for a $20,000 yearly cap on the agreement, and the added time will allow the opportunity to work things out between the Chamber and the City. It was moved by Oden, seconded by Hodges, and unanimously carried, that this matter be continued to March 19, 1997. 5. AMADO PARK - DEMONSTRATION PROJECT Recommendation: That the Council authorize a four-month demonstration project, beginning Match 6, 1997, to utilize the park as an alternative clean transportation and activities center, and to utilize the existing kiosk to provide activities' information. City Manager reviewed the memorandum of the Director of the Downtown Development Center. (109- 003) Councilmember Spurgin stated she liked the idea, and that it will bring added interest to the downtown area; and perhaps the horses and buggies should be included. Councilmember Barnes also liked the idea, and questioned who will be able to participate in the demonstration project, and if there will be an RFP process if the demonstration was successful. Councilmember Hodges stated that it is an interesting project, but there may be some problems with the location; that it is a park, and not a place of business; that the park is for everyone's use, and that this results in giving some of the land for private sector use; that there may be a better location for the demonstration; that downtown is already congested; that there is no designated traffic lane for this type of traffic; and that she questioned what future events are planned in the park, and whether this will conflict with those. ' Councilmember Spurgin stated that this is for a seasonal trial of approximately four months. In answer to questions by Council, Director of Downtown Development stated that a kiosk is planned that will address some of the issues; that this is a fact-finding demonstration; and that Amado park is small, but it will allow the location needed to see if the concept will work; that the group realizes there are upcoming events in the park, Council Minutes 3-5-97, Page 8 5. AMADO PARK - DENIONSTRATiON PROJECT (Continued) and chat the group will work on the street frontage side; and that Ire matter will be going to the Parks and Recreation Commission. City Attorney stated that the concept has not been discussed from a legal standpoint, e.g., , lease of the park and a land use permit process involved. Director of Planning & Building stated that the Zoning Ordinance includes bicycles as an allowable use under a land use permit. Counetlmember Oden stated that there are events scheduled at Aniado Park during this demonstration period, such as the Shelter from the Storerl fundraiser; that the demonstration project also needs to be located downtown, but the: guidelines of the grant also need to be followed, and he requested a review in thirty days. Minute Order 5915 as revised to include City Attorney approval of language for any future documentation was presented; after which, it was moved by Spurgin, seconded by Oden and carried by the following vote, that MO5915 be adopted. AYES: Barnes, Wen, Spurgin and Kleindieust NO: Hodges ABSENT: None 6. PRANCES STEVENS PARK - PALM CANYON THEATRE LEASE Recommendation: That the Council authorize standard form Lease with Pahn Canyon Theatre for 10,755 square feet of the building floor area at Frances Stevens Park, for a (117- 5-year period beginning March 1, 1997, with option for 5-year extensiotr, at $1,000 per 023) month, plus pee-opening construction and other considerations stipulated in the lease, in ' form to be approved by City Attorney. City Manager reported that the Downtown Development Center Director has been working to bring arts and excitement to the Frances Stevens Park, and has proceeded with the direction lie was given. Downtown Development Center Director stated that the Desert Arts Center and the Village Center of Arts are non-profit groups; that the VCR lease expired in July, 1996, and rent is in excess of 18 months in arrears; that die Desert Art Center is current with its rent, but is struggling; that staff has tried to resolve the situation, and a review of[lie financial statement for VCA showed a deficit, which included the $10,000 rent; that the October, 1995 rent was paid as a sign of good faith, and in February, 1996, VCA met with the City and determined that the annual shortfall would be: $15,000-20.000, and it did not think any rent should be paid, other than perhaps $1 per year; that VCA was not able to commit to sweat equity improvetncuts in an amount equal. to the rent; that the rent is 8 cents per square foot, compared to the market rate of 50 cents; that the Council was advised of the situation in a December, 1996 study session, including the need for $25,000-30,000 in needed improvement, and no one from the VCA Board was in attendance, nor was there any offer to tall:with him, although he offered to do so oil two occasions with Mr. Storm; that he understood the Council's direction from the City Manager, was to find a way to augment the income from the property, and he began to show the building to interested parties with a focus on non-profit with an education mission. He reported that a proposal was received in February, 1997, on behalf of the ' Palm Canyon Theater and J.W. Layne, who are prepared and financially capable of taking on the obligation. He reviewed the details of the proposed lease, as described in his report, which includes certain improvements, and allows sub-letting to VCA of 800 square feet of classroom, as well as involvement by VCA in the equity and lion-equity performance rolls; that VCA might possibly work also with Desert Arts Center, and the Parks & Recreation staff has indicated it may be able to incorporate some or all instructors into the current city programs at the Pavilion, including ballet classes; and that VCA may also be able to work with the youth Center for possible space at its facility. lDe auJ Council Minutes 3-5-97, Page 9 6. FRANCES STEVENS PARK - PALM CANYON THEATRE LEASE (Continued) City Manager reported that the City staff recently was assigned to look at properties that might be disposed of, and was advised that Frances Stevens Park building was empty; that when VCA was discovered to be using it, there was a lot of enthusiasm and a sense of ' value to the community about it; that the enthusiasm diminished, and its Board seemed lifeless and saw no future for VCA; that he subsequently heard from Mr. Koller, who he thought based on his energy and excitement, could revitalize dte life of VCA. He stated that the Downtown Development Center Director was doing what.he was asked to do, and found a means to best utilize the properly; that he could not allay an equation whether revenue is more important than the "sole of the city" and there still may be some life in VCA, and it is a decision which the Council will have to reach. Dr. Layne stated that art and the theater has been his life, and he appreciated everything that has been said by the supporters of VCA, and that he would like to find a way to co- exist with VCA; that he felt his program would be a benefit to the City, and he would strive to go ahead with it in the community for that reason; that there will be "dark times" during the summer, as well as some days during the week; and that if the Council did not approve his lease, he fully could understand the sentiment which would drive that decision. Councilmember Hodges agreed that the Downtown Development Director was only accomplishing the task he was given, and she thanked both him and Dr. Layne; that she would like to see both uses in the City, and leaned toward keeping the VCA, and to (117- working with Dr. Layne to find a place for his proposal to also happen; that neither the 023) Council or the community were aware of the back rent until last December, and since then, VCA has developed an active Board; and site felt it can succeed, and something can be worked out together for all parties. ' Mayor expressed strong concern and disappointment in the comments to the Council which appeared to accuse the Council of trying to destroy VCA; that there has been no open conummication for nearly 20 months between the VCA Board and the Council, until its recently constituted Board, which has caused frustration; that he spoke with people utilizing the VCA, and even after indicating possible plans for action, nothing came forward; that the audience needed to understand it was not something which the Council targeted, and was trying to get rid of, rather it was seeking a line of communication which does not exist; that there has been enthusiasm expressed at Ibe. eleventh hour, but no substance nor business plan offered; and that a nominal, almost.`fee arrangement now exists, yet there is still nearly a $20,000 debt. Councilmember Oden stated that he met with VCA new Board members, and was encouraged by their enthusiasm, excitement and creativity, but also felt he made it clear that Dr. Layne made an offer, and an offer is what the Council needed to hear; however, he was certain that the Board members understood that emphasis; that the Council study session in December was televised; that the facility is a City-owned building and it is in need of repair, and the Council must take responsibility of maintaining the property. City Manager stated that Dr. Layne has indicated he would like to talk further on this, and that there is a need for a business plan by VCA; that the Downtown Development Director can meet with them and perhaps an agreeable solution can be derived. Mayor added that everyone who uses the Village Center for the Arts must take responsibility and not think that someone else will do it, and it would work toward ' stopping the cycle of coming back periodically with the same issues. Councilmember Bones stated that the issue was not a focus on the rent, rather a focus on Frances Stevens Park; that the original idea was for Village Center of the Arts to remain there, and an outdoor theater for anyone to use; that an uprlate of the site was called for to find out what was the well-being of VCA, in order to know how to proceed; that tlncre was no response from the former Board; that (here are a number of facilities which are currently under-utilized, e.g., Youth Center, the Pavilion, and other city facilities; that the Council is trying to make Frances Stevens the hallmark of downtown as to it being a park facility; that he was offended to have people make it appear that the 4�w' �u6 Council Minutes 3-5-97, Page t0 6. FRANCES STEVENS PARK - PALM CANYON THEATRE LEASE (Continued) Council is the "bad guy"; and that the Council alone cannot make it happen, rather everyone needs each other. It was moved by Spurgin, seconded by Oden, and unanimously carried, that this matter ' be continued to March 19,1997, to enable the parties involved to get together and report back as to possible solutions to meet the needs of the parties. 7. MID-VALLEY PARKWAY - CONSTRUCTION MANAGEM ENUCI-IANGE ORDER FLEXIBILITY Recommendation: That the Council authorize the Director of Transportation to approve change orders subject to City Council ratification within 30 days, for the above project (123- (west end), including Mesquite Avenue and the Dinah Shore Briidge, CP94-19 (no local 020) funds required). City Manager reviewed the memorandum of the Director of Transportation. Resolution 18992 as recomtnemded, was presented; after which, it was moved by Hodges, seconded by Oden, and unanimously carried, that Ri8992 be adopted. 8. MID-VALLEY PARKWAY - CHANGE ORDER 3 Recommendation: That the Council approve Change Order No. 3 for an increase to contract with Granite Construction Co., by $72,967, and by l0 working days, CP94-19, (123- A3670. 020) City Manager reviewed the memorandum of the Director of Transportation. ' Minute Order 5916 as recommended, was presented; after which, it was moved by Hodges, seconded by Oden, and unanimously carried that MO5916 be adopted. 9. CITY HALL RENOVATION - ARCHITECTURAL CONTRACT AMENDMENT Recommendation: That the Council approve Amendment 2 to design services contract with Interactive Design, Inc., for design and drawings and bid documents changes for the City Hall renovation project by $6,800 for a total contract not to exceed $231790., (117- A3712. 041) City Manager highlighted the memorandum of the Procurement Manager. Mayor stated that this matter was continued in January, 1997, dice to the increased costs; and that after conferring with the architect, it should be noted that the increased costs relate to additional work that is involved. Councilmember Hodges questioned at what point a contract should go out to bid, and noted that this contract has reached $25,000. City Manager stated that there should not be many more changes to the architectural contract. Mayor stated that Reuel Young is a very thorough architect, and that physically marry ' things are literally falling apart within the City Hall building. Minute Order 5917 as recommended, was presented; after which, it was moved by Barnes, seconded by Oden, and unanimously carried, that MO5917 be adopted. 10. ADDITIONAL LEGISLATIVE ITEMS: IJl: J4..��/ Council Minutes 3-5-97, Page 11 AIO. WASTEWATER TREATMENT PLANT - VACUUM BODY Recommendation: That the Council accept proposal of sole provider, 3T Equipment Company, Inc., to rebuild the 6-inch "Camel unit", a vacuum type equipment used to (127- clean out the down and tinder drains for$35,000 and authorize Procurement Manager to 001) ' execute necessary documents. City Manager reviewed the memorandum of the Director of Transportation, and added that purchase is for a rebuild of an existing unit. Minute Order 5918 as recommended, was presented; after which, it was moved by Barnes, seconded by Hodges, and unanimously carried, that MO5918 be adopted. CONSENT AGENDA: it. Res 18993 endorsing the Southern California Association of Governments sponsored (098- "California First" State Legislative Leadership Summit on April 11, 1997. 003) 12. MO 5919 approving purchase of two mast type rotary distributor center assemblies from (084- EIMCO Process Equipment, sole manufacturer, for a total of $57,400, plus tax and 013) delivery charge. 13. MO 5920 authorizing entering multiple-agency "Inland Crackdown Allied (INCA) Task Force" MOU with the U.S. Dept. of Justice, Division of Law Enforcement, Bureau of (113- Narcotics Enforcement, A3773. 006) 14. MO 5921 approving Change Order No. 1 for an increase of$288,915.13 to animal slurry seal contract with American Asphalt Repair & Resurfacing, CP96-15, A3769, a Measure (136- A funded project. 051) 15. MO 5922 approving Amendment No. 1 to the CV Multiple Species Habitat Conservation (123- Plan MOU, to meet the intent of the State Natural Coimnturties Conservation Plan Act, 021) in order to assist in securing Congressional appropriations, A3629. 16. Res 18994 approving MOU with the P.S. Police Officers Association, representing the (110- police safety unit, for period July 1, 1996 through December 31, 1997. 005) 17. Res 18995 and 18996 approving Payroll Warrants & Claims & Demands. Abstained: (086- Hodges: #918588 & 918590; Spurgin: #918742. 015) 18. MO 5923 approving purchase of a cargo van for the Food in Need of Distribution (085- (FIND), a CDBG funded project. 013) 19. Res 18997 authorizing Chief of Police to execute Victim Notification Implementation Plan and Agreement for State funding, and related documents or extensions with the State of (113- California, A3774. 006) It was moved by Barnes, seconded by Oden, and unanimously carried, that Resolutions 18993 through 18997, and Minute Orders 5919 through 5923, be adopted; with abstentions noted in Item. 17. ADDED STARTERS: 20. Resolution 18998 approving MOU with CLOECA, General Unit, foi-periodJuly 1, 1996 (110- through December 31, 1997 was presented; after which, it was moved by Hodges, 004) seconded by Spurgin and unanimously carried that R18998 be adopted. 21. Resolution 18999 as revised to include City Attorney final language, in support of Agua (098- Caliente Band of Cadnuilla Indians re: Indian Gaming was presented; after which, it was 003) moved by Oden, seconded by Barnes, and unanimously carried, Hodges abstaining, that R18999 be adopted. REPORTS & REQUESTS: Couilcll Minutes 3-5-97, Page 12 22. DEPARTMENTAL REPORTS - Received & Ordered Filed a) Treasurer's Quarterly, 12-31-1996 (121_ 002) CITY COUNCIL reports or requests a) Councilmember Hodges acknowledged receipt of the listing of City properties and ' questioned when the matter would be scheduled for a Council discussion. She also noted that placement of the Council Agenda in the Desert Sun is :a costly service, and one which the City is not able to afford at this time, as it once did; that there is no street name sign for "Sunrise" at Vista Cliino and Sunrise Way; and that she and Councilrnember Oden will serve on the subcommittee to address the film festival and follies use of the Plaza Theater. b) Councilmcntber Barnes stated that a field trip would be taken by staff to Moreno Valley on March 10, 1997 regarding the Sierra Systern (computer tracking system) and requested Council consideration of his attendance with City staff. Council concurred. PUBLIC reports or requests a) Don Frank, questioned if the Added Starter item addressing Indian gaining was posted; and added that action on the matter is a violation, of the Brown Act. b) Fred Ebeling, stated that the front doors of Council Chamber were locked (at that moment; and that the flag on the Council podium is a "maritime" flag and should only be used during war time. c) Darrell Meeks, stated that he did not realize that other Cities paid to have the City Council Agenda's advertised; and questioned if tie agenda could be added ' to public access television. STAFF reports or requests - None ADJOURNMENT There being no further business at 11:30 p.m., Mayor declared the meeting adjourned. r �( aDITH SUMICH City Clerk