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1995 03 21 CC Minutes LA QUINTA CITY COUNCIL MINUTES March21, 1995 Regular meeting of the La Quinta City Council on March 21, 1995 was called to order at the hour of 3:00 p.m. by Mayor Pena, followed by the Pledge of Allegiance. PRESENT: Council Members Bangerter, Cathcart, Perkins, Sniff, Mayor Pena ABSENT: None CONFIRMATION OF AGENbA Mr Genovese, City Manager, advised that late correspondence was received from CVAG requesting a resolution action endorsing the concept of a Coachella Valley North American Free Trade Agreement Rail Corridor and could be added to the agenda as Written Correspondence or as Business Session Item No.8. Ms. Honeywell, City Attorney, advised that there was a need to add a Closed Session item to the agenda under Government Code Section 54956.9(a) regarding on-going litigation with Refco, the City of La Quinta, and the Redevelopment Agency. She advised that the need to act on this item came up after the agenda was posted. Mayor Pena asked that a Closed Session item be added to the agenda under Government Code Section 54957 regarding personnel. MOTION It was moved by Council Members Sniff/Perkins to add the item from CVAG as Business Session Item No.8 and add two items to the Closed Session, one matter concerning Refco and one matter concerning personnel staffmg as these items came up after the agenda was prepared. Motion carried n::nously APPROVAL OF MINUTES MOTION It was moved by Council Members SniffiBangerter to approve the City Council Minutes of March 7, 1995 as submitted. Motion carried unanimously. ANNOUNCEMENTS Mayor Pefla announced the upcoming Soap Box Derby on Saturday, March 25th, at 10:00 a.m. on Avenida Bermudas and invited all to attend. PRESENTATIONS None BIB] 12-12-95-U01 03:24:22PM-U01 CCMIN-U02 03-U02 21-U02 95-U02 City Council Minutes 2 March21, 1995 PUBLIC COMMENTS Mr. Frcd Wolff, 77-227 Calle Ensenada, advised that many people were present in the audience wishing to speak to the Fritz Burns Park pool issue and he requested that the department report regarding that issue be moved forward on the agenda for their convenience. Mayor Pena said that he would ordinarily agree. However, he advised that he couldn't participate in the pool issue due to a conflict of interest, but wanted to take part in the Business Session items and had to leave early. Council concurred on taking up the issue after the Business Session. WRITTEN CORRESPONDENCE None BUSINESS SESSION 1. CONSIDERATION OF RESOLUTION APPROVING THE PRELIMINARY ENGINEER'S REPORT FOR LANDSCAPE AND LIGHTING DISTRICT 89-1, FISCAL YEAR 1995/96. Mr. Cosper, Public Works Director, advised that the City is required annually to adopt resolutions approving the Preliminary Engineer's Report and declaring the City's intention to levy the annual assessments and schedule public hearings. The Preliminary Engineer's Report includes a description of the services to be provided, the total cost, and an assessment schedule. He advised that Council's recommendations from the February 7th meeting were incorporated into the report as follows: one City-wide Benefit Assessment District and six Local Benefit Assessment Districts; new defmitions for city- wide and local benefits; new formula for vacant non-residential assessment parcels greater than 20 acres, and; an annual CPI adjustment. He advised that the city-wide EDU rate increased from $35 to $43 per EDU and the Local Benefit Zones EDU rate ranges ftom $1.54 to $8.83 which is a decrease from last year's range of $8 to $35. He said the proposed public meeting date is April 18,1995 and the public hearing date May 16, 1995. He said that staff recommends the publishing of meeting notices in the Desert Sun as opposed to individually mailed notices to property owners. The cost for mailing notices would be $10,129 and increase the EDU rate by $0.43. He advised that staff's recommended actions does not obligate the City to the proposed. assessment fees in the report. Council Member Bangerter wasn't sure that a newspaper publication was sufficient public notification. She felt that it was important that everyone be made aware of the meetings. Council Member Sniff concurred because of the significance of the issue. BIB] 12-12-95-U01 03:24:22PM-U01 CCMIN-U02 03-U02 21-U02 95-U02 City Council Minutes 3 March 21, 1995 In response to Council Member Bangerter, Mr. Cosper advised that it was too late to put a notice in the Chamber of Commerce Newsletter about the first meeting. He said that the newspaper notice would be published for three consecutive weeks. Mayor Pena suggested the mailing of a postal patron" flyer in addition to a newspaper publication, noting that a postal patron" mailing would be less expensive. Council concurred. Mr. Robert Tyler, 44-215 Villeta Drive, commented that last year this was a controversial issue and questioned the Council's intent to move forward with a 20% increased assessment this year. He asked if the proposed assessment included monies intended for the construction and/or maintenance of the proposed Fritz Burns Park pool. Mr. Cosper advised that the assessment does reflect costs related to the maintenance of the Fritz Burns Park and facility. Mayor Pef?a advised that the Council can later lower the assessment, but cannot raise it, which is why the projection is figured at the potential higher amount. He advised that Council did lower the fee last year. Mr. Tyler questioned the need for Local Benefit Zone assessments because he felt that the landscaped entrances maintained under those assessments are less extensive than the median strips located in other parts of the City which are maintained through the City- wide assessment. He urged the Council to eliminate the Local Benefit Zones and place all landscape maintenance on the City-wide assessment. Council Member Sniff asked Mr. Cosper to explain the rationale behind the proposal for the six Local Benefit Zones. Mr. Cosper advised that during the preparation of the Feasibility Report, maintenance costs for arterial and collector streets were included in a City-wide assessment and landscaped areas along residential streets which are specific to primarily those parcels in the immediate area were included in Local Benefit Zones. The six Local Benefit Zones are based on small median areas at the entrances to six separate subdivisions in the north I-a Quinta area which are specific to primarily those parcels in the immediate area. He added that the purpose of this meeting was to adopt the Engineer's Report which basically approves the process and allows the scheduling of the public meetings. Public testimony will be received at those meetings and then Council will finalize the assessments which will become effective on the next tax roll. BIB] 12-12-95-U01 03:24:22PM-U01 CCMIN-U02 03-U02 21-U02 95-U02 City Council Minutes 4 March21, 1995 RESOLUTION NO.95-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE REPORT OF THE ENGINEER FOR FISCAL YEAR 1995/96 IN CONNECTION WITH LA QUINTA LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO.89-i. It was moved by Council Members Sniff/Bangerter to adopt Resolution No. 95-15 as submitted. Motion carried unanimously. RESOLUTION NO.95-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY THE ANNUAL ASSESSMENTS FOR CONSTRUCTION, MAINTENANCE AND SERVICING LANDSCAPING AND LIGHTING IMPROVEMENTS WITHIN THE BOUNDARIES OF THE TERRI'TORY INCLUDED IN THE CITY-WIDE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO.89-i AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 AND GIVING N?CE THEREOF. It was moved by Council Members Sniff/Bangerter to adopt Resolution No.95-16 as submitted. Motion carried unanimously. 2. REPORT OF PLANNING COMMISSION ACTION APPROVING PLOT PLAN NO.95-549 TO ALLOW A MODIF'ICATION OF A RECREATION LOT AT LAKE LA QUINTA ON THE EAST SIDE OF CALEO BAY, NORTH OF LAKE LA QUINTA DIVVE. APPLICANT: VINTAGE HOMES. Mr. Baker, Principal Planner, advised that on March 14, 1995, the Planning Commission approved the applicant's request to construct a 2,000 sq.ft. clubhouse facility and pool on 2.4 acres along the west side of the lake in the Lake La Quinta subdivision. MOTION It was moved by Council Members Sniff/Bangerter to approve the report of the Planning Commission action, approving Plot Plan No.95-549, allowing modification of a recreation lot at Lake La Quinta on the east side of Calco Bay, north of La Quinta Drive, applicant, Vintage Homes. Motion camed unanimously MIN'IE ORDER NO.95-55. BIB] 12-12-95-U01 03:24:22PM-U01 CCMIN-U02 03-U02 21-U02 95-U02 City Council Minutes 5 March 21, 1995 3. CONSIDERATION OF RESOLUTION EXThNDING THE TERM OF THE CABLE FRANCHISE AND CONSIDERATION OF AMENDMENT TO THE CONTRACT WITH MUNICON TO HANDLE FRANCHISE TRANSFER FROM PROVIDENCE JOURNAL TO CONTINENTAL CABLEVISION. Ms. Honeywell, City Attorney, advised that the proposed resolution extends the existing cable franchise with Colony CableVision for 90 days. It allows time for negotiations and review of the requested transfer from Providence Journal to Continental CableVision. Staff also requested an amendment to Municon' 5 contract which alloWs them to administer the transfer of the franchise. RESOLUTION NO.95-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, EXTENDING THE EXISTING FRANCHISE OF COLONY CABLEVISION OF CALIFOIINIA FOR NINETY 90) DAYS SUBJECT TO CERTAIN TERMS AND CONDITIONS. It was moved by Council Members Sniff/Bangerter to adopt Resolution No.95-17 as submitted. Motion carried unanimously. MOTION It was moved by Council Members Sniff/Bangerter to amend the contract with Municon to administer the transfer of the franchise from Providence Journal to Continental CableVision. Motion carried unanimously. UTE ORDER NO.95-56. 4. CONSIDERATION OF APPOINIMENT TO THE SERVICES COMMISSION. Mrs. Juhola, Administrative Services Director, advised that the vacant seat on the Human Services Commission expires on June 30, 1995. She referred to a list of previously- interviewed applicants and advised that each applicant has voiced a continued interest in the appointment. Council Member Sniff felt that all of the applicants were good. His top two preferences were Mr. Rail and Mr. Pelletier. He felt that the City should reach out to the public and beyond staff whenever possible and since Mr. Pelletier is a City employee he recommended the appointment of Mr. RaIl. MOTION It was moved by Council Members Sniff/Perkins to appomt Douglas RaIl to the unexpired term of Gary Stone on the Human Services Commission. Motion failed with Council Members Bangerter, Cathcart, and Mayor Pena voting NO. BIB] 12-12-95-U01 03:24:22PM-U01 CCMIN-U02 03-U02 21-U02 95-U02 City Council Minutes 6 March 21, 1995 MOTION It was moved by Council Members Bangerter/Catlicart to appoint Bruce Pelletier to the Human Services Commission for the unexpired term. Motion carried with Council Member Sniff voting NO. MINUTE ORDER NO.95-57. 5. CONSIDERATION OF SPONSORSHIP OF THE LIVING FOR YOUR 90'S" SENIOR INSPIRATION AWARDS AND SELECTION OF THE LA QUINTA HONOREE. Mr. Genovese, City Manager, advised that the City has participated in the Lving For Your 90's" program smce 1992. He presented a list of candidates meeting the criteria for receiving the Senior Inspiration Award. MOTION It was moved by Council Members Sniff/Bangerter to approve the sponsorship of $550 for Living For Your 90's" Senior Inspiration Awards, which includes two tables of ten at the awards ceremony and $50 for the award to the honoree. Motion carried unanimously. MIIUTE ORDER NO.95-58. MOTION It was moved by Council Members Sniff/Pena to select Larry Meyran as honoree. Motion carried with Council Members Bangerter and Cathcart voting NO. MITTTE ORDER NO.95-59. 6. TRANSMrTAL OF TREASURER'S REPORT FOR THE CITY OF LA QUINTA, DATED JANUARY 31, 1995, AND FOR THE LA QUINTA FINANCING AUTHORITY, DATED JANUARY 31, 1995. M?ON It was moved by Council Members Sniff/Bangerter to receive and file the Treasurer's Report for the City of La Quinta dated January 31, 1995. Motion carried unanimously. TE ORDER NO.95-60. M?QN It was moved by Council Members Sniff/Bangerter to receive and file the Treasurer's Report for the La Quinta Financing Authority dated January 31, 1995. Motion carried unanimously. MINUTE ORDER NO.95-61. 7. SECOND READING OF ORDINANCE NO.264. ORDINANCE NO.264 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AS AMENDED BY AMENDMENT NO.1. BIB] 12-12-95-U01 03:24:22PM-U01 CCMIN-U02 03-U02 21-U02 95-U02 City Council Minutes 7 March 21, 1995 It was moved by Council Members Sniff/Pens to adopt Ordinance No.264 on second reading. Motion carried by the following vote: AYES: Council Members Perkins, Sniff, Mayor Pena NOES: None ABSTMN: Council Members Bangerter, Cathcart ABSENT: None 8. CONSIDERATION OF A RESOLUTION ENDORSING THE CONCEPT OF A COACHELLA VALLEY NAFTA RAIL CORRIDOR As PROPOSED BY CVAG. Mr. Genovese, City Manager, advised that staff contacted CVAG after the item was added to the agenda and was informed that the Council's action could wait until April 4, 1995. MOTION It was moved by Council Members Sniff/Bangerter to continue the request by CVAG to endorse the NAFTA Rail Corridor until April 4, 1995. Motion carried unanimously. MINUTE ORDER NO. 9542. CONSENT CALENDAR Mayor Pefia asked that the payment for Williams Development be pulled from Consent Calendar Item No.1. 1. APPROVAL OF DEMAND REGISTER DATED MARCH 21, 1995. 2. REJECTION OF CLAIM FOR DAMAGES FILED BY MARGARITA LOPEZ; DATE OF CLAIM, FEBRUARY 5, 1995. 3. APPROVAL OF AN APPLICATION SUBMII*TAL PROCESS FOR CITY- SPONSORED PROPOSALS. 4. ADOITION OF RESOLUTIONS TO ALLOW TEMPORARY CLOSURE OF VARIOUS STREETS BOUNDED BY CALLE NOGALES ON THE NORTh, CALLE ARROBA ON THE SOUTH, AVENIDA BERMUDAS ON THE EAST, AND AVENIDA NAVARRO ON THE WEST wril' NO-PARKING ZONES FOR THE IRRST ANNUAL GREATER COACHELLA VALLEY SOAP BOX DERBY ON MARCH 25, 1995. APPLICANT: DAN NEWMAN. 5. AUTHORIZATION TO PURCHASE ONE 1) ASPHALT SPREADER BOX. BIB] 12-12-95-U01 03:24:22PM-U01 CCMIN-U02 03-U02 21-U02 95-U02 City Council Minutes 8 March21, 1995 6. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY DEVELOPMENT DIRECTOR AND ASSOCIATE PLANNER-ADVANCE TO ATTEND THE ECONOMIC DEVELOPMENT CONFERENCE IN LONG BEACH, APRIL 26-28, 1995. 7. APPROVAL OF APPROPRIATION OF INFRASTRUCTURE FUNDS FOR VARIOUS TRAFFIC SIGNAL PROJECTS. 8. ADOPTION OF TEREE RESOLUTIONS AGREEING TO PART IC IPATh IN THE RIVERSIDE COUNTY OPERATIONAL AREA AND THE STANDARD EMERGENCY MANAGEMENT REVIEW. 9. AWARD OF CONTRACT FOR THE IMPROVEMENT OF ADAMS STREET FROM AVENUE 47 TO HIGHWAY lii- PROJECT NO.924. M?ON It was moved by Council Members Sni if/Ban gerter to approve the Consent Calendar as amended with Items No.4 and 8 being approved by RESOLUTION NOS. 95-18, 95-19, 95-20, 95-21, and 95-22 respecuvely. Motion carried unanimously. MINUTE ORDER NO.95-63. MOTION It was moved by Council Members Sniff/Cathcart to approve the payment for Williams Development under Consent Calendar Item No.1. Motion carried with Mayor Pena ABSTAINING MINUTE ORDER NO.9544. At this time the Council took up Department Report Item No. A-i. DEPARTMENT REPORTS UPDATE ON FIIJTZ BURNS PARK PROJECT. Mayor Pefia absialned from this issue due to a conflict of interest and left the dais. Mr. Genovese, City Manager, gave a brief update on the research requested by Council regarding the pool at Fritz Burns Park. He advised that prospective pool operators were contacted and refereed Council to the written report regarding those meetings. He added that staff also met with Ia Quinta High School representatives and Bill Rally, the City's pool consultant, regarding possible use of the high school pool. He advised that public use of the high school pool has been approved by the Desert Sands Unified School District, sutject to constraints and exceptions. He recommended that Council schedule a study session to discuss the potential use of the high school pool and utilization of an outside consultant to evaluate the available options regarding pool operations. BIB] 12-12-95-U01 03:24:22PM-U01 CCMIN-U02 03-U02 21-U02 95-U02 City Council Minutes 9 March 21, 1995 Mr. Fred Wolff, 77-227 Calle Ensenada, commented that the pool issue is important to the residents in the Cove, but many weren t aware that the pool may be eliminated. He advised that he distributed 1 Oo0 letters to inform residents of that possibility. He expressed concern that the issue was previously agendaized as a study session item. He said most people believe that the intent of study sessions is for Council to receive information from staff for purpose of discussion amongst themselves and they're not expected to take action as they did recently on the pool issue. He questioned the ethics of taking such important action during a study session. He referred to a petition supporting the pool and stated that they are trying to inform the residents in the Cove of the Council's recent actions regarding the pool. He advised that appropriate action will be taken by the people if the Council doesn't take action to proceed with the pool by the next meeting. Mr. Ed Weeks, 54-355 Avenida Martinez, commented that times are tough for many people in the Cove with both parents having to work to support their families and their children need to be kept occupied. He felt it's more sensible to spend money on a pool than on median beautification or special edifices. He believed that the City has a moral and fiscal responsibility for addressing the needs of the youth in the community. He said La Quinta has a low crime rate and building a pool now will help keep it that way. Ms. Leali Aguliar, 78-520 Bottlebrush, spoke in favor of the pool. She said that her three children would be overwhelmed to have a pool in their community and not have to go somewhere outside the City for water recreation. She felt that a community pool is a necessity and has talked to many people who agree with her. Mr. Jeff Sommers, 53-460 Avenida Juarez, a resident for seven years and active in the AYSO soccer program, spoke in favor of building a pool now. He said that the number of children in the community is quickly outgrowing the recreational facilities provided for them, i.e. sport fields. He felt that the Council should move forward with the pool now because in the future they will be faced with other bulging demands for recreational programs as well as a pool. He advised that the youth need recreational activities during the summer months because other recreational programs last from fall through spring only. He also felt that it's important to build a pool that will be large enough to accommodate the exploding growth that the community can expect because of the housing affordability. He felt that it's a prudent decision that will benefit the City in the long- run. Ms. Becky Kochell, 52-770 Avenida Villa, a resident for 16 years, has served as a volunteer in many of her children's recreational activities and is now raising her grandchildren. She said that the City fathers? have promised a pool to the residents of La Quinta since incorporation and felt that it's an extremely important need now. She said it's much different raising her grandchildren than it was raising her own children because of the present gang activity that is tempting the youth with too much idle time. BIB] 12-12-95-U01 03:24:22PM-U01 CCMIN-U02 03-U02 21-U02 95-U02 City Council Minutes 10 March 21, 1995 She urged the Council to help the parents of the community by giving their children summer recreational activities to help keep them busy. Ms. Trice Healy, 54455 Eisenhower Drive, spoke in support of the pool and asked for the results of last summer's pool survey. She's very active in her three children's school activities and promised to be very active in pursuing a community pool. In opposition to using the high school pool, she said that the depth is inappropriate for young children who are not swimmers and transportation there is difficult even by car. She felt that the children need a pool at the Fritz Burns Park because they can ride their bike?s or walk there without having to cross busy streets. She didn't care who operated the pool as long as it's built at the park. She commented to the Council that many residents support the pool, but find it very difficult to attend 3:00p.m. meetings. She didn't understand why there is opposition to the pool. She thought that the pool was a done deal" and was unaware until recently that it's not. She commented that there are 2,300+ children and their parents who live in the community year?round who don't live in cooler climates during the summer months. She urged the Council to not plant grass where a pool should be. Mr. Enrique Guitcrrez, 52-287 Avenida Rarnirez, a resident for 18 years, spoke on behalf of 443 people who signed a petition supporting the pool. He cited the rapid growth of the City noting that many young families move here because housing is affordable, the schools are excellent, and it's a great place to raise children. He pointed out that the City's median age is 36 with only 15% of the population being senior citizens, yet the City built a $2 million Senior Center. He wasn't opposed to the Senior Center, but believed that the City's priorities should include a pool for the children as well; He felt that the City should invest as much as possible in wholesome activities for the youth because of the many temptations confronting them. He believed that costs should be affordable for all sport activities, such as soccer and baseball, so that all youth can afford to participate. He felt that it's important for the whole community to join forces to provide the needs for the youth. Mr. Jeff Smith, 54?631 Avenida Alvarado, expressed appreciation for Mayor Pro Tern Bangerter's continued support for the pool, but was disappointed that some Council Members allowed themselves to be swayed by a minority of vocal individuals who didn't want a pool because they weren't going to use it and they do not represent a majority of the people. He said that Cove residents believe that the pools at the high school and Lake Cahuilla are impractical and inadequate aquatic facilities. He believed that a pool built of the same quality as the Senior Center and Boys & Girls Club will be well-used. He urged the Council to approve the pool saying, If you build it, we will come." Ms. Kathy Pederson, 54455 Avenida Rubjo, member of the Parks & Recreation Commission and teacher at Truman Elementary School, spoke in support of the pool. She said that the City has promised a pool for years and felt that it should be built now in its original design. She said that those opposing the pool base their stand on BIB] 12-12-95-U01 03:24:22PM-U01 CCMIN-U02 03-U02 21-U02 95-U02 City Council Minutes 11 March 21, 1995 affordability and lack of use. She felt that a pool would be used a lot because of the current and continual rise in enrollrnent at the La Quinta schools. She was also willing to pay any necessary increase in taxes for pool maintenance costs. She said that many have questioned why the pool wasn't constructed before the Civic Center or Senior Center. She believed that Council Members who don't flilly support the pool have cut- back on the least vocal of the community, the children. She urged the Council to build the originally designed pool without delay, noting that the majority indicated on the pool survey that they would use the pool. She thanked Mayor Pro Tem Bangerter for her unwavering support for the pool. Mr. Stephen Shnonsen, 54-665 Avenida Ramirez, a resident for 16 years, thanked Mayor Pro Tem Bangerter for her continuing support for the pool. He addressed Council Member Sniff regarding his community efforts during the past several years that contributed to the quality of life in the Cove and said he believed that he also supports the pool in spite of the part he took in rescinding a motion made in December. He believed that Council Member Sniff was trying to avoid any potential litigation for the City regarding the pool and he encouraged him to continue fighting for it. Mr. Aaron Spiropoulos, 54-620 Eisenhower Drive, felt that a pool in the Cove would be great because the kids could ride their bikes or skateboards there to swim and hang- out. He said that it would also provide summer jobs for some of the kids. Ms. Sandy Spiropoulos, 54-620 Eisenhower Drive, was supportive of previous comments and said she also appreciated Council Member Sniff's sense of caring for the community of all ages. She felt that the pool was necessary to the community, noting that she works with many at-risk" youths who have too much idle time. She said that the City can show that they care by providing positive outlets for the energies of these youths. She wanted to know if any of the Council Members' opinions had changed since hearing from those representing positive support for the pool. She had gone door-to?oor with a pool petition and found that residents of all ages support the pool, including the seniors. She urged the Council to approve the pool. Ms. Allison ankc, 54-915 Alvarado, said that she and all of her friends want the pool because it's too hot to be outside in the summer without a pool. Ms. Stephanie Spiropoulos, 54-620 Eisenhower Drive, was supportive of the pool because there's nothing for kids to do during the hot summer months. Mr. Drew Franke, 54-915 Avenida Alvarado, spoke in favor of the pool because kids need a place to go during the summer to cool off. Mr. David Stall, 54-655 Avenida Bermudas, felt a pool would be a great place for kids to gather and have flin in the summer when it's hot. BIB] 12-12-95-U01 03:24:22PM-U01 CCMIN-U02 03-U02 21-U02 95-U02 City Council Minutes 12 March 21, 1995 Ms. Kay Wolff, 77-227 Calle Ensenada, was appreciative of the comments offered by the youth of the community in support of the pool. She said that the high school pool is inadequate as a community pool because it's a competition pool and not designed for family swimming. She felt that the Fritz Burns Park pool would be greatly used by both children and adults who would benefit from it. She said that many of those demanding fiscal responsibility from the Council on the pool issue are the same people who provided wonderful leadership for the Senior Center, noting that construction costs for the pool and Senior Center are m close comparison, as are the maintenance costs. She suggested that the opponents look at the comparable costs. She felt that the pool is viia'l and will unify the community because many residents now take their children to Indio for pool recreation and a pool in the Cove will help develop a sense of identity for the community as a whole. She urged the Council to build a big pool and build it now. Ms. Laura Hinderaker, 79-925 Horseshoe Road, thanked the Council for the time they have spent on the pool issue. She supported a downsized pool at the Fritz Burns Park. She suggested that the Council and community brainstorm the issue and come up with community fund-raising ideas to help support the pool costs. She didn't believe that pool opponents oppose a pool, but only oppose spending millions of dollars for ore. She encouraged the City to develop some type of interim summer swim program at the high school so that the youth will be able to swim this summer. She believed that there is enough demand for swimming facilities to require a pool in the Cove as well as the one at the high school. Ms. Stacey Mullen, 52-350 Avenida Martinez, member of the Parks & Recreation Commission, spoke regarding the possibility of dissolving the Parks & Recreation Department. As a resident, she felt that the department should be expanded and as a commissioner, she was appalled that the commissioners haven't been included in any such discussions. She believed that the department staff are capable and doing a great job and could handle more work and staff. She said that she supported the pool and that the people who have been speakmg in opposition are not representative of the commuhity as a whole. She questioned who would be responsible for recreation funds if the department is dissolved and who would administer the prognams. She felt that elimination of the pool and the Parks & Recreation Department would be political and wrong. She believed that the pool controversy is causing the Council to react in the wrong manner and urged the Council to remember the need for youth activities during the summer. Mr. Roberi Tyler, 44-215 Villeta Drive, said he didn't receive a letter from Fred Wolff, but hoped it was more factual than his speech. He questioned what type of pool the community needs and said that it seems some want it as a babysitting service. He referred to Drew Franke's remark that the kids aren't asking for a water park, but only a pool which he felt is the whole issue. He didn't believe the present controversy would exist if the City had designed a $1 million pool, which he would support, instead of a $2.8 million pool. He urged residents to stop being divisive on this issue. BIB] 12-12-95-U01 03:24:22PM-U01 CCMIN-U02 03-U02 21-U02 95-U02 City Council Minutes 13 March 21, 1995 Ms. Terry Henderson, 54-711 Eisenhower Drive, referred to comments regarding the unavailability of meetings and noted that three well-publicized evening meetings were held for any concerned resident to attend. She said that contrary to belief, the pool opposition wasn't organized nor did they attend the meetings because someone asked them to come, but were there because they were concerned. She referred to the questioning of the survey results and noted that those results were addressed several times at other meetings. The biggest concern they have is the cost of the pool. She felt that if enough agencies pooled their resources, a community pool could be provided in a logical and intelligent manner. She was unaware that the Senior Center's maintenance and operation costs are so high and would've opposed it too, had she known. She understood that recreation funds must be used for recreational purposes and if they are available, she will support construction of a sensibly designed pool. Mr. Aaron Healey, 54A55 Eisenhower Drive, member of the Youth Advisory Committee, felt that a pool is necessary for the youth because of the beat and lack of activities for them during the summer. Mr. Robert Metkus, 78-870 Villeta Drive, submitted a petition signed by opponents of the pool. He said that he has attended meetings regarding the pool since 1992 and the residents of north I-a Quinta have clearly stated that they don't want a pool. He questioned how many of the pool supporters are also property owners responsible for the taxes. He felt that maintenance costs for a pool will be burdensome for the City for years to come and the property owners will have to pay the costs. He also questioned the liability a pool will cause and the cost of heating the pool during the low-use months of operation. He said that a pool is not the answer. t6 the City's youth problems. Mr. Patrick Healey, 54A55 Eisenhower Drive, teacher at Palm Desert High School, spoke in support of the pool stating that he is a property owner and willing to pay taxes for street lighting and other facilities such as the Civic Center He believed that it's the City's civic responsibility to build facilities such as the Civic Center, Senior Center, parks and the proposed pool. He didn't feel that it's necessary for every resident to personally benefit from those facilities, but believed that many will benefit from the pool and the City has a responsibility to build it. He felt that the pool is a necessity and suggested that the City be creative in finding a way to finance it In response to public comments and questions, Mr. Cosper advised that the maintenance costs of the pool is estimated at $260,000. It would be funded by $70,000 from the Landscape & Lighting District, $60,000 from pool revenues, and the remainder from the General Fund. The cost for maintaining the park and tennis courts is $90,000 from the Landscape & Lighting District. In response to Mayor Pro Tem Bangerter, Ms. Honeywell, City Attorney, advised that there is no legal prohibition against fundraising efforts by the community for this project. BIB] 12-12-95-U01 03:24:22PM-U01 CCMIN-U02 03-U02 21-U02 95-U02 City Council Minutes 14 March 21, 1995 Mayor Pro Tern Bangerter asked Mr. Cosper to confirm the actual cost of the pool construction in relationship to the total cost of the Fritz Burns Park project. Mr. Cosper advised that the cost of the pool and aquatics building is $1.9 million. The balance of the $2.8 million cost is for the park and surrounding infrastructure. Council Member Perkins commented that the issue isn't whether or not a pool is needed, but whether the City can afford a pool. He was very concerned about the cost of maintaining a pool for years to come, notmg that he didn't know of any comr?iunity pool in Southern California who's revenues exceed more than 28%. He said that a pool would be nice to have, but the City has to look at its needs. He referred to the pool survey and advised that it never asked the public if they wanted a pool or were willing to pay for it. He said that government has to stop being all things to all people and just because it costs to maintain the Civic Center and Senior Center, that's no raason to proceed with another major expenditure. He felt that government should reduce spending, not expand it. He said that there has been?needed expenditures such as the Washington Street bridge widening, and the General Fund should be reserved for those kinds of needs. He believed that the City's General Fund reserve is currenfly insufficient. He also felt that it was unfortunate that comments regarding the Parks & Recreation Department discussion had alarmed anyone. The Council is only discussing the department and no decision has been made to dissolve it. He stated that he would support the pool if assured that the City can afford the construction and long-term maintenance of it and shown where the funds will come from, otherwise he could not support it. Council Member Cathcart apologized to any who were alarmed after hearing comments regarding a discussion of the Parks & Recreation Department. He commended Council Member Perkins for bringing the pool issue to its current status because he believed that the economic climate of the country and City have changed. He referred to a comment made by Clint Bohlen that the City can't afford to build this pool at the present time. After a great deal of research and investigating other public pool facilities, he didn't feel that that statement can truly be made with a 100% clarity. He felt that the City would be at risk if they flind and construct the pool as originally proposed. He said that based on the present economy of the country, he wouldn't support the pool in its original form. However, he would support usmg the $1 million set aside for recreational purposes, including a pool, if it can be accomplished through a joint venture with another agency who has experience in this field such as the YMCA or Boys & Girls Club. He didn't believe that it was beneficial to weigh the City's expenditures for the seniors against those for the youth. He said that the City spends more for its youth through the Parks & Recreation Department than it spends on the Senior Center. He wasn't advocating the elimination of future spending for the youth, but rather careful examination of all expenditures. He said many communities are cutting back on their budgets and be didn't want La Quinta to be placed in a position of having to deal with budget cuts in the future BIB] 12-12-95-U01 03:24:22PM-U01 CCMIN-U02 03-U02 21-U02 95-U02 City Council Minutes 15 March 21, 1995 because of overspending now. He urged the community to get involved in a unified effort to find a way to use the $1 million set aside for recreational use. Council Member Sniff advised that he indicated at a Parks & Recreation Commission meeting that the Council would be discussing the possible elimination of the Parks & Recreation Department, but didn't say that it would be eliminated. He stated that he tries to represent the community as a whole, but sometimes divisive issues arise that polarize the community. He referred to the Council's actions on this issue during the last three months and stated that he tried to keep the is sue alive by dividing it into tw6' parts, the park and the pool. He advised that neither the pool nor the park have been eliminated and he continued to support the pool because he believed that it's important. He felt that there could be modifications to the size and scope of the pool that will make it more affordable and hoped that the park and pool will both become a reality. He agreed with Ms. Hinderaker's suggestion that a summer swim program should be established at the high school pool because he didn't see any possibility of having a pool in the Cove this summer. However, he didn't feel that it's a long-term solution. He felt that a fundraising organization, similar to the Friends of the Senior Center, could help defray the pool maintenance costs. He advised that he would continue to seek a majority vote for the pool. Mayor Pro Tern Bangerter felt that the pool is a necessary expenditure for the City because fiscal responsibility includes providing social programs for a community that is made up of people and not numbers. She believed that through a unified effort the City can build the pool and be creative in its operation. She hasn't changed her views regarding the pool and continued to support it. She expressed appreciation to the public for their comments and encouraged them to continue their involvement with the City's issues and to band together in a positive manner for the community. She said that family swunming was the number one choice of programs on the pool survey, confirming that the community doesn't want a pool for a babysitting service. In response to Council Member Sniff, Mr. Cosper advised that on February 21, 1995. Council directed staff to redesign the park without the pool and aquatic center and report back to the Council within 30 days. Staff directed the consultant, T.I. Maloney, to modify the existing pool plans by redesigning the previous pool and aquatics building location with a grass area, reduce the parking lot size by 50% which can be added when needed, extend the street improvements easterly on Avenue 52 to include additional landscape and parking facilities to the northeast side of the park, and include minimal utility extensions for the pool and aquatics building. The draft plans will be completed by April 7th and submitted to the Parks & Recreation Commission on April lOth and the Council on April 18th for authorization to receive bids. Mr. Genovese advised that potential pool operators were contacted by staff and many of them indicated a wish to be involved with the design. He advised that redesigning the pool is inade complex since no decision has been made regarding an outside operator. BIB] 12-12-95-U01 03:24:22PM-U01 CCMIN-U02 03-U02 21-U02 95-U02 City Council Minutes 16 March 21, 1995 He said that some preliminary investigation has been done relative to use of the high school pool and staff is awaiting additional information from the school. He proposed that this issue be scheduled for a study session after f?irther information is received. He also suggested consideration of an outside consultant to help analyze the issues within a timely basis because of the time demand of the analysis. He advised that a consultant would analyze all of the alternatives including potential outside operators, alternate locations, and cost benefit analysis as it relates to pool operations. Mayor Pro Tem Bangerter said she was frustrated that the work previously? completed must be done again. She was supportive of utilizing a consultant to move the project forward on a timely basis. She wished to have options submitted to Council that would start with the original plan and using creativity toward the operational aspect, including a progaam that is not year-round. Council Member Perkins felt that the reports from the YMCA and the Boys & Girls Club were very helpful. He advised that his objections to the pool were based on its costs and would support it if a feasible economic solution is found. He supported consideration of a cooperative effort, including the construction of a pool at the Fritz Burns Park. Council Member Cathcart questioned the need for a competitive designed pool since the outs ide operators suggested elimination of such programs. He suggested that competitive swunming be done at the high school pool and the community pool be designed for family swimming. Mayor Pro Tem Bangerter agreed on reviewing other concepts, but wished to see the original design left in as an option. Council Member Perkins asked staff if operation costs would be decreased by 25% by decreasing the pool size by 25% to which Mr. Cosper said he didn't know. Council Member Perkins felt that the highest cost of operation is personnel which would be impacted very little by downsizing the pool. Council Member Sniff advised that operation costs are impacted mosdy by the period of operation because of the personnel required during it's operation. He asked staff how long it would take the consultant to complete an analysis. Mr. Genovese advised that he would discuss it with a consultant and report back to Council at the next meeting. Council Member Sniff advised that pool construction would need to begin by January 96 to be operational by that summer. Council Member Cathcart suggested placing a dollar limit on the options for the consultant to propose. BIB] 12-12-95-U01 03:24:22PM-U01 CCMIN-U02 03-U02 21-U02 95-U02 City Council Minutes 17 March 21, 1995 Mayor Pro Tern Bangerter reiterated that she wanted the original design to be included as one of the options. Council Member Sniff felt that the original proposal should be retained as a reference point, but didn't have a problem with giving the consultant possible monetary amounts to use in analyzing options as opposed to downsizing the pool by a percentage. He advised that the original $1 million donation has accumulated interest and felt that that total amount should be the minimum option submiued. Council Member Cathcart was opposed to keeping the original design as an option because of Council's previous direction to staff to downsize the pool. Mayor Pro Tern Bangerter said she wanted to know what costs would actually be cut by downsizing the pool by 25%. She supported maintaining the original design as an option, because with some creativity, the operational costs could be significandy reduced. However, she didn't believe that those decisions need to be made at this time. Council concurred that a consultant is needed and directed staff to agendize the matter on the next agenda. STUDY SESSION DISCUSSION OF PROPOSED ROAD AND BRIDGE BENEFIT DISTRICT WASHINGTON STREET, COOK STREET, AND MONTEREY AVENUEII'IERSTATE?1O INTERCHANGE). Mr. Cosper, Public Works Director, advised that Riverside County has proposed a Road and Bridge Benefit District RBBD) to fund three freeway interchanges at Monterey Avenue/Interstate 10, Cook Street/Interstate 10, and Washington Street/Interstate 10. He advised that CVAG will advance 100% funding for regional arterial projects. The sources for funding such costs are: TUMF program 25%), Measure A Funds 25%), SB 300 Funds 25%), and developer contributions 25%). The County proposed the establishment of the RBBD to finance the 25% developer contribution. The RBBD would include Ia Quinta, Indian Wells, Palm Desert, Rancho Mirage, and the County of Riverside. He advised that the 25% sIrare of the three proposed benefit areas would be equally spread to new development within the three areas as an impact fee to new development. The amount assessed to each benefit area is determined by traffic impact created by the level of development from each of the jurisdictions of the benefit areas. Portions of Ia Quinta would be included in the Washington Street/I-b Benefit Zone 1 which includes a total.of 10 sub-zones. The three sub-zones within Ia Quinta, C3, D3, and 1)4, would include the Cove and all property north of Avenue 52 from Adams Street westward. The City's cost would be $982,193 which is 17.65% of the 25% shrre of costs $5,565,000) for the Washington Street/I-10 interchange costs. He advised that a BIB] 12-12-95-U01 03:24:22PM-U01 CCMIN-U02 03-U02 21-U02 95-U02 City Council Minutes 18 March 21, 1995 typical fee for single-family residential development within the three sub-zones range from $82 to $246. He referred to the staff report for fees on commercial development. He reviewed some of staff's concerns as follows: * No clear definition has been given of ultimate responsibility for repayment of bonds if development should fall short of the 20-year projections. * Due to the legal structure of the District, La Quinta would be legally responsible for all three interchanges even though the City's interest is only in one intefchange * The multi-jurisdictional approach is new and untried. He advised that staff is also investigating other funding approaches to eliminate the potential risks. Council Member Perlnns asked if the City's involvement could be limited to the Washington StreetlI-lO interchange. Ms. Honeywell, City Attorney, advised that she preferred the establishment of a separate District for each interchange, but the other attorneys felt that that decision had already been made at the CVAG level, so they didn't wish to look at it. But, lately they have said that there is still a possibility that although there would be only one implementation agreement, we could create separate Districts for each interchange. From a strictly legal aspect, that would be her preferred approach as that would isolate La Quinta's interest. The argument against doing this is because the only property owner that has raised any objections is one relative to the Monterey interchange and their thought was that to make it one District, they would be able to over-rule that objection. This makes separate Districts even more desirable, because under the current structure, all the cities would share in any litigation costs. However, each individual City would be responsible for any specific developer challenge once it's in place within their District. Council Member Perkins understood La Quinta's involvement with the Washington Street/I-b interchange, but was against involvement with the other two. Mr. Genovese, City Manager, advised that there may be other reasons why the City wouldn't want to participate in any of the interchanges and asked Mr. Cosper to respond. Mr. Cosper advised that CVAG's concern is reimbursement for the 25% developer contribution amount of $982,193. Staff has discussed the possibility of La Quinta funding their cost up-front or over a period of time through increased impact fees or use of redevelopment funds. He advised that discussions with CVAG have been very positive. BIB] 12-12-95-U01 03:24:22PM-U01 CCMIN-U02 03-U02 21-U02 95-U02 City Council Minutes 19 March21, 1995 Ms. Honeywell advised that the City of Indian Wells is also looking at such a possibility. She hoped that the Implementation Agreement will provide a mechanism to allow cities to choose alternate ways to pay their share of the costs. Council Member Sniff questioned how this idea came about as it was his understanding that such projects would be covered under Measure A Funds Mr. Cosper advised that regional arterial projects are paid through TUMF funds 25%), Measure A funds 25%), SB 300 funds 25%), and local developers 25%).' However, because there are no local developers in an interchange project, the County proposed the RBBD to spread that portion of the cost to developers within the areas that receive a definite benefit from the interchange. Council Member Sniff was concerned about placing more fees upon the developers and felt that more people are benefitting than are being assessed Mr. Cosper advised that one of the City's proposed options is to divide LA Quinta's portion of the cost $982,193) over the entire development base of the City, thus lowering the impact to each developer The proposed su?zones were determined by the County through a traffic analysis. Mayor Pef?a advised that through several years of discussions and refining the proposal, costs to developers has been reduced significandy. Council Member Sniff agreed that LA Quinta's involvement should be limited to the Washington StreetlI-lO interchange and the flinding costs should be spread throughout the City. Council concurred on limiting the City's involvement to the Washington interchange and pursuing an alternative method of paying for the City's share, whatever the traffic engineers decide that amount is. Council receseel until the hour of 7:00 p.m. 7:00 P.M. Mayor Pefla was absent at this time. BIB] 12-12-95-U01 03:24:22PM-U01 CCMIN-U02 03-U02 21-U02 95-U02 City Council Minutes 20 March 21, 1995 PUBLIC COMMENTS Mr. Carl Ingram, 78-625 Sanita Drive, felt that activities are lacking in the City for the youth, unlike the seniors. He believed that most of the children in the community come from families with modest incomes and the City should help provide activities to keep them busy. He felt that the City's money should be spent on prevention of crime by providing recreation for the youth instead of hiring more police protection which he felt is more of a band-aid" approach to the problem. He suggested that the Council examine ways to cut the price of the pool. He felt that the community should stop concentrating on money and start concentrating on its flitire, which rests in the children. Mr. Hallie Hayes, 52A00 Avenida Vallejo, referred to a letter stating that the pool may not be built, yet he was under the assumption that the pool survey concluded that the majority of residents wanted a pool and he asked for the results of that survey. Mr. Genovese advised that the survey didn't ask if a pool was wanted, but rather what types of programs were preferred and what times it would be used. Mr. Hayes believed that many residents are supportive of the pool. He referred to the vocaLness of the opponents and advised that the youth and their supporters will also be vocal to let the Council know that they want the pool. He asked if the pool issue is currently a dead issue and how the public is to know when it will be discussed. Mayor Pro Tern Bangerter advised that the pool issue is not dead and that meeting agendas are published in the newspaper and are available through the City Clerk's office. Mr. Hayes felt that the Senior Center and the pool are both important to the community and the youth shouldn't be penalized because of their youth. Council Member Perkins pointed out that the letter in Mr. Hayes possession was unknown to the Council. Ms. Nelda Esineralda, 52404 Avenida Rubio, apologized for not previously being involved in the pool issue, but was unaware of the problem until recently. She supported the pool for the children and residents of the Cove who want one. She felt that La Quinta is known as a true community with a true community spirjt. She believed that the community should take care of all ages, continuing to make sure that the community is well-rounded in arts, education, and physical balance. She felt that the high school pool is too far away and that the children should have a pool that they can easily get to so that they can learn to swim at an early age. Ms. Siniona Keat, 47A60 Via Genoa, Indio, as a resident of Indio, felt that all of the cities should work together to help develop the youth and thereby avoid many problems in the future. By working with youths on probation, she's found that they want to be kept busy and their BIB] 12-12-95-U01 03:24:22PM-U01 CCMIN-U02 03-U02 21-U02 95-U02 City Council Minutes 21 March 21, 1995 activities need to be directed. She encouraged the Council to show the youth that they care by giving them something productive to do. Ms. Veronica Duran, 78-390 Palm Garden, believed that swimming is an important activity and advised that she and her husband began swimming in a public pool and now her husband is the swim coach at Indlo High School. Many students from the high school have continued their water sports activities in college. She believed that public pools have helped to educate children academically through swimming scholarships. Ms. Annie McCoil, 51?875 Avenida Navarro, a resident of ten years, said she's been hoping that rumors about getting a pool were true for a long time and she wanted to know how residents can make it clear to the Council that they want a pool. She felt that a pool will be a great asset to the community and shouldn't be considered only in terms of money. She believed that a commitment must be made to the youth in the community and swimming is a sport that almost every child enjoys. Mr. Michael Bangerter, 53-245 Avenida Martinez, asked if the City's infrastructure can be cut down in order to have a pool pointing out that great expense went into building the Civic Center. He felt that the City's money should be invested in more appropriate ways such as a pool, tennis courts, etc. Mr. Carl Ingram advised that it's difficult for most working people to attend Council meetings at 3:00 p.m. and suggested that the meetings be held in the evening. Mayor Pro Tem Bangerter advised that flyers were mailed to every postal patron to notify the public of the three public meetings which were held in the evenings to receive public comment regarding the pool issue. She encouraged everyone to attend Council meetings as often as possible so that they can be involved with all issues related to the City. Council Member Sniff expressed appreciation for those who were present and their comments He asked the City Manager to address the direction given to staff by Council during the 3 00 p.m. meeting regarding the pool issue. Mr. Genovese, City Manager, advised that on April 7th, staff will report back to the Council regarding the potential use of a consultant to study the pool issue further. Council Member Sniff advised that the pool issue is not dead and the Council will continue to deal with it with some dispatch. He commented that everyone feels that the issue is important and the question has been whether or not the City can afford it. He personally felt that the City could afford it and should build it. Council Member Perkins advised that there is only one sitting Council Member who approved the construction of the Civic Center, noting that he wasn't on the Council at that time. BIB] 12-12-95-U01 03:24:22PM-U01 CCMIN-U02 03-U02 21-U02 95-U02 City Council Minutes 22 March 21, 1995 Council Member Cathcart advised that the pool issue is not dead, but some of the Council Members have serious concerns regarding the financial cost of the pool as proposed. He said that staff is spending a great deal of time on this issue to find the best way to be able to build a pool that the City can afford. He encouraged fliture involvement by the public and advised that the issue will be under discussion for a period of time. PUBLIC HEARINGS None STUDY SESSION....................continued 2. DISCUSSION OF THE UPDATh ON CHARThR CITY RESEARCH. Mr. Genovese, City Manager, advised that staff contacted several charter cities including Palm Springs and San Marcos. He referred to the staff report for major differences between charter and general law cities. He advised that crafting of the charter will need careful consideration should the City decide to move in that direction, as well as researching additional legal information. Council Member Perkins commented that the report was very thorough and asked the City Attorney to express her thoughts regarding a charter for the City. Ms. Honeywell, City Attorney, advised that Palm Springs' and San Marcos' charters were very different from each other. San Marcos' charter is *`bare bones" and not specific and Palm Springs' is very detailed. She recommended a charter similar to San Marcos' because the only limitations on a charter city are those imposed through the charter itself and therefore a less restrictive charter gives the City more power. Council Member Cathcart advised that the issue is new to him and felt that there is a lot of information to absorb. He asked if the Council's goal was to place this matter on the ballot in the fall. Council Member Perkins said that is his personal goal. Council Member Sniff questioned why only 82 out of 500 cities have decided to become charter cities if it's such a valuable choice. He felt that such a change should come from a compelling need. He referred to statements within the staff report about possible" protection from State mandates and questioned how much time the City wants to invest and already has invested on this issue when there is a lack of information on which to base a decision. He felt that there should be some significant demonstrable value for ma??g a change and not just for the sake of mah?g a change. BIB] 12-12-95-U01 03:24:22PM-U01 CCMIN-U02 03-U02 21-U02 95-U02 City Council Minutes 23 March 21, 1995 Council Member Perkins pointed out that the three cities referred to in the report only recently became charter cities and that no extensive research was done on charter cities in existence for 10 to 20 years. He knows of a charter city that has been one for a long time and is very pleased with it because they have more control. He advised that Palm Springs' language could be used to place on the ballot for La Quinta, but a lot less detailed. Mayor Pro Tern Bangerter asked how long the City of Palm Springs considered this issue prior to placing it on the ballot. Council Member Perkins said it wasabout six months. Ms. Honeywell advised that Palm Springs spent a very short period of time on the issue. However, San Marcos spent more time to educate the community before placing it on their ballot. Mayor Pro Tern Bangerter felt that it was important to educate the community on the issue and receive their input. In response to Council Member Cathcart, Ms. Honeywell advised that charter schools do so for the same reason, to have more control. Council Member Cathcart felt that the lack of State mandates 10 to 15 years ago may be the reason why fewer cities became charter cities. He liked the concept, but felt that it might be rushing the issue to place it on the November ballot. Council Member Perkins felt that it would be an asset to the City and preferred to place it on the November ballot. Mayor Pro Tern Bangerter liked the concept, but also felt that it would be rushing the issue to place it on the November ballot. She wished to have more time to become familiar with the concept and have adequate time to educate the public. Council Member Catheart asked what it would cost to have a special election in 1997 should the Council decide to place the issue on the ballot at that time. Mrs. Juhola, Administrative Services Director, advised that special election costs are based on how many other agencies and jurisdictions are also having special elections on that same date because the costs are shaeed between them. Council Member Cathcart said be would like to see some figures regarding the cost of an election in 1996 before iming a decision at this time. BIB] 12-12-95-U01 03:24:22PM-U01 CCMIN-U02 03-U02 21-U02 95-U02 City Council Minutes 24 March21, 1995 Council Member Perkins suggested that Council Members list their questions regarding the issue and give them to the City Attorney Council Member Sniff was hesitant in spending much money for researching the questions. He didn't have a problem with obtaining election costs nor information on what the State has preempted. Ms. Honeywell advised that an answer to what the State has preempted is difficult to give because there is no surety until it is challenged by a charter city. Charter ci?s receive their power through a separate section of the Constitution than the legislature and Courts sometimes make a judgement on what can and cannot be mandated, depending upon whether or not the issue is a state-wide or local concern. A general law city has no pQwer at all unless allowed by the State, but a charter city can handle local municipal affairs without legislative authority. Mayor Pro Tem Bangerter wished to see a schedule of what would be needed in regard to public meetings prior to placing the issue on the ballot. Council concurred on staff reporting back to the Council in four weeks. 3. DISCUSSION OF PROCESS FOR ANALYSIS OF THE PARKS & RECRE?ON DEPARTMENT. Council concurred on continuing this item as requested earlier by Mayor Pefia. REPORTS AND INFORMATIONAL ITEMS All reports were noted and filed. DEPARTMENT REPORTS...................Continued All reports were noted and filed. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION OF FORMATION OF AN IN-HOUSE PUBLIC SAFETY COMMr]?EE. Council Member Perkins withdrew his request to discuss the issue because the action is already in progress. BIB] 12-12-95-U01 03:24:22PM-U01 CCMIN-U02 03-U02 21-U02 95-U02 City Council Minutes 25 March 21, 1995 2. DISCUSSION REGARDING THE CITY'S FORMAT FOR PROCLAMATIONS. Council Member Perkins advised that he had the pleasure of presenting a Proclamation from the City to the Pacific Symphony recently and felt that it lacked design. He suggested that the City use the talent from the community to design a nicer looking proclamation. Council Member Sniff advised that the City presented 20 proclamations dur?n,g the last year and he didn't have a problem with it being redesigned. He preferred to have all of the Council Members' signatures on them as was done in the past, instead of just the Mayor. Council concurred. Council recessed to Redevelopment Agency meeting. Council recessed to Closed Session CLOSED SESSION Mayor Pefla rejoined the meeting at this dine. 1. PublIc Employee Appointment Finance Director pursuant to Government Code Section 54957. 2. Conference with Real Properly Negotiator Don Martin pursuant to Government Code Section 54956.8 regarding potendal acquisidon of Village Comunity Park. 3. Conference with legal counsel concerning on-going lidgadon, City of La Quinta et al vs Refco et al pursuant to Government Code Section 54956.9. 4. Personnel discumion pursuant to Governinent Code Section 54957 concerning s?frmg. Council reconvened to regular session with the City Attorney announcmg that the Closed Session was completed and that under Item No.3 regarding La Quinta vs Refco, et al under Government Code Section 54956.9(a), a settlement agreement was approved with two of the defendants in that action, namely, First Interstate Bank of Denver N.A. and Susan M. Renton and that the settlement agreement is on file for review. The vote to approve the settlement agreement was unmmous. BIB] 12-12-95-U01 03:24:22PM-U01 CCMIN-U02 03-U02 21-U02 95-U02 City Council Minutes 26 March 21, 1995 In a related matter, the City Council also approved an agreement concerning an expedited appeal procedure and potential settlement in the action entided United States of America vs Real Property located at 13328 and 13325 State Highway 75 North, Blaine County, Idaho, and Palm Desert Redevelopment Agency, Claimant and Appellant. The vote to approve said agreement was unannnous. There were no decisions made on the remaining items which requires reporting pursuant to Section 54957? 1 of the Government Code Brown Act). There being no firther business, the meeting was adjourned Res?tfu1l??submitt?J JUHOIA?lerk City of la Qumta, California BIB] 12-12-95-U01 03:24:22PM-U01 CCMIN-U02 03-U02 21-U02 95-U02