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1995 11 07 CC Minutes LA QUINTA CITY COUNCIL MINUTES November 7, 1995 Regular meeting of the La Quinta City Council on November 7, 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 AGENDA Mr. Genovese, City Manager, requested that Consent Calendar Item No.12 be pulled from the agenda to allow staff additional time to review the bids. APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/Cathcart to approve the City Council Minutes of October 17, 1995 as submitted. Motion carried unanimously. None PKE?ENIAIIQNS Ms Tracy Daly 32 505 Harry Oliver Trail, Thousand Palms, Director of Resource Development and Public Information for SunLine Transit Agency, gave a presentation on the agency's accomplishments from 1992 to 1995. SunLine has replaced their entire fleet of buses to provide safe, economical, and environmentally-friendly transit service in the Coachella Valley and has rebuilt their service to eliminate their deficit. They have accomplished their goals through efficiencies and revenue enhancement, partnerships with the public and private sectors, new technology and training, added service, improved air quality, and leadership. They have become a more customer-centered agency. She read a draft of their mission statement currently under revision which states that SunLine Transit Agency is an innovative public transit system with a commitment to excellent service and environmental leadership." Mr. Robert Tyler, 44-215 Villeta Drive, questioned the temporary banner hanging outside the Beer Hunter Sports Bar and stated that he didn't think it looked good. He was disappointed with BIB] 12-13-95-U01 08:53:19AM-U01 CCMIN-U02 11-U02 07-U02 95-U02 City Council Minutes 2 November 7, 1995 the lack of progress on the traffic signal installations at Adams Street/Fred Waring Drive and Adams Street/Miles Avenue and the temporary pavement on Adams Street between Westward Ho Drive and Miles Avenue. He questioned if the cost savings derived from combining those projects was worth the safety risk. Mr. Jim Ducatte, 81-750 Crown Way, Indio, Director of the Boys & Girls Club and representative for the United Way of the Desert, advised that the 1996 United Way Campaign is underway. The Boys & Girls Club is one of many organizations supported by United Way of the Desert. Their fundraising goal for 1996 is $1,375,000 and Mr. Mark Simon, of Simon Motors, is the Campaign Chairman for La Quinta. Ms. Betty Williams, 42-600 Caroline Court, Palm Desert, Chairman of E. 6. Williams Development, introduced Ms. Deanna Druitt, the first homeowner in the Seasons Villas. She felt that the Council should receive a vote of thanks for making the project possible and felt that Ms. Dru itt ideally fit the type of person the City wished to help purchase a home in this project. Ms. Deanna Dniitt, advised that as a single mother, she worked hard to get an education and job so that she could support her daughter and save money for a down payment on a home. She thanked the City for providing the subsidy that made it possible for her to become a first-time home buyer in the Seasons Villas 1. LETTER FROM REMEMBRANCE MEMORIAL FOR CALIFORNIA KOREAN WAR VETERANS REQUESTING A CONTRIBUTION. Noted and filed. BUSINESS SESSION 1. CONSIDERATION OF CONTRACT SERVICE AGREEMENT WITH COACHELLA VALLEY COMMUNITY CONCERT ASSOCIATION. Ms. Nicholson, Parks & Recreation Director, advised that on September 19, 1995, the Council directed staff to negotiate a contract or grant agreement with the Coachella Valley Community Concert Association in an amount not to exceed $9,O()(). The proposed Contract Services Agreement is contained in the staff report. BIB] 12-13-95-U01 08:53:19AM-U01 CCMIN-U02 11-U02 07-U02 95-U02 City Council Minutes 3 November 7, 1995 Ms. Donna Martin, 49-320 Avenida Fernando, representative for Coachella Valley Community Concert Association advised that she was available to answer questions. Council Member Sniff felt that the proposed contract would expand opportunities for cultural activities. M?ON It was moved by Council Members Sniff/Bangerter to approve the Contract Services Agreement with the Coachella Valley Community Concert Association and direct staff to utilize the Special Projects Contingency Account for payments required by the agreement in the amount of $9,000. Motion carried unanimously. MINUTE ORDER NO.95-195. 2. CONSmERATION OF PROVIDI?%?G SERVICES AND EQUIPMENT TO THE GREATER COACHELLA VALLEY SOAP BOX DERBY. Ms. Nicholson, Parks & Recreation Director, advised that a request was received from the Greater Coachella Valley Soap Box Derby for the City to provide services and equipment as listed in the staff report for the Second Annual Soap Box Derby. She advised that the services would be considered as an in-kind contribution to the event. Council Member Perkins was in favor of supporting the event. Mayor Pena pointed out that the City received valley-wide recognition for the first event held in La Quinta and a representative was also sent to the National Soap Box Derby in Akron, Ohio. Council Member Sniff felt that it?s great publicity and hoped that participation in the event would increase. Ms. Nicholson advised that the City has been asked to co-sponsor the event which could create possible liability concerns and recommended that the Greater Coachella Valley Soap Box Derby be required to list the City as an additional insured on their insurance. M?ON It was moved by Council Members SnifflCathcart to approve the request by the Greater Coachella Valley Soap Box Derby and require that they provide insurance naming the City as an additional insured. Ms. Lucia Moran, P.O. Box 1305, Chairperson for the Greater Coachella Valley Soap Box Derby, advised that the City is listed as an additional insured on their insurance, but they would like to list the City as a co-sponsor" of the event, which was not done last year. BIB] 12-13-95-U01 08:53:19AM-U01 CCMIN-U02 11-U02 07-U02 95-U02 City Council Minutes 4 November 7, 1995 Mr. Genovese, City Manager, advised that staff would determine if additional special- events insurance should be purchased at a cost of $181 13 Motion carried unanimously. MINUTE ORDER NO.95-196. 3. CONSIDERATION OF AMENDMENT TO TITLE 11 OF THE LA QUINTA MUNICIPAL CODE RENAMING THE CULTURAL AFFAIRS COMMISSION TO CULTURAL COMMISSION. Ms. Nicholson, Parks & Recreation Director, advised that the Cultural Affairs Commission has requested that their name be changed to Cultural Commission as they feel that inclusion of the word affairs" causes confusion. Staff recommended approval of the change. M?ON It was moved by Council Members Sniff/Cathcart to take up Ordinance No. 275 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO.275 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ESTABLISHING A CULTURAL COMMISSION. It was moved by Council Members Sniff/Cathcart to introduce Ordinance No.275 on first reading. Motion carried unanimously. 4. CONSIDERATION OF GRANT REQUEST TO FUND CRIME CONTROL EDUCATION FOUNDATION IN THE AMOUNT OF $2,500. Ms. Nicholson, Parks & Recreation Director, advised that the grant request is for the Crime Control Education Foundation CCEF) in the amount of $2,500. The CCEF funds are used in two different areas crime education and lobbying activities related to crime legislation. The requested funds would be used for crime education through a 15-minute segment on ESPN during a Duathlon event. The current balance in the Special Project Contingency Fund is $21,600. Mayor Pena asked what additional funding sources the CCEF has secured since the last City Council meeting. BIB] 12-13-95-U01 08:53:19AM-U01 CCMIN-U02 11-U02 07-U02 95-U02 City Council Minutes 5 November 7, 1995 Mr. Marty Brbel, of Palm Springs, President of the Crime Control Education Foundation, advised that they received $5,000 from the City of Cathedral City and $500 from the City of Rancho Mirage. A meeting with the City of Palm Desert is scheduled for Thursday. Mayor Pena added that the Palm Springs Desert Resort and Convention Visitors Bureau would be providing $1,200 toward the video as well. Council Member Sniff asked if the request should be submitted through the Community Services Grant Program and a smaller amount considered. Mayor Pena was opposed to deferring the request because of the time constraints involved, pointing Out that the Duathion will be held on November 25th. Council Member Sniff was concerned about depleting the Special Project Contingency Fund and suggested that a sma!ler amount be considered. Council Member Perkins supported the $2,500 amount, pointing Out that the organization is attacking the crime problem from an entirely different perspective and supported their efforts. M?ON It was moved by Council Members Perkins/Cathcart to authorize funding in the amount of $2,500 for the Crime Control Education Foundation from the Special Project Contingency Fund. Council Member Cathcart supported the funding because he felt that the organization is unique and has found the balance between apprehension and prevention. Mayor Petia also pointed out that the organization has been successful in getting crime control legislation adopted in California. Council Member Bangerter felt that this type of issue should be a priority because the other programs become meaningless without crime control. Motion carried unanimously. MINUTE ORDER NO.95-197. 5. CONSIDERATION OF AMENDMENT TO TITLE 8 OF THE LA QUINTA MUNICIPAL CODE ADOPTING THE 1994 UNIFORM BUILDING CODES. Mr. Hartung, Building & Safety Director, advised that the proposed ordinance adopts the most recent model codes as amended by the State with the City's local amendments. No new local amendments are proposed. BIB] 12-13-95-U01 08:53:19AM-U01 CCMIN-U02 11-U02 07-U02 95-U02 City Council Minutes 6 November 7, 1995 M?ON It was moved by Council Members SnifflCathcart to take up Ordinance No. 276 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO 276 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REVISING TITLE 8 ENTITLED BUILDING AND CONSTRUCTION," REPEALING EXISTING BUILDING AND CONSTRUCTION, AND ADOPTING, BY REFERENCE, THE UNIFORM ADMINISTRATIVE CODE, 1994 EDITION, PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE UNIFORM BUILDING CODE, 1994 EDITION, INCLUDING CERTAIN SPECIFIED APPENDICES AND THE UNIFORM BUILDING CODE STANDARDS PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE NATIONAL ELECTRIC CODE, 1993 EDITION, PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION; THE UNIFORM PLUMBING CODE, 1994 EDITION, INCLUDING ALL APPENDICES AND THE INSTALLATION STANDARDS, PUBLISHED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS; THE UNIFORM MECIIANICAL CODE, 1994 EDITION, PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE UNIFORM SWIMMING POOL, SPA, AND HOT TUB CODE, 1994 EDITION, PUBLISHED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS; THE UNIFORM SIGN CODE, 1994 EDITION, PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE UNIFORM IRRE CODE, 1994 EDITION, PUBLISHED BY THE INTERNATIONAL FIRE CODE INSTITUTE; THE UNIFORM HOUSING CODE, 1994 EDITION, PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, AND THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1994 EDITION, PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS. It was moved by Council Members SnifflCathcart to introduce Ordinance No.276 on first reading. Motion carried unanimously. 6. ON OF REAPPROPRIATION OF CERTAIN CAPITAL PROJECT FUNDS. Mr. Cosper, Public Works Director, advised that on October 17, 1995, the Council approved the reappropriation of $739,312 from the Fritz Burns Pool Project to other capital projects leaving $1 million for the Fritz Burns Pool Project. At the same meeting, Council approved the appropriation of $200,000 for the Adams Street Extension Project BIB] 12-13-95-U01 08:53:19AM-U01 CCMIN-U02 11-U02 07-U02 95-U02 City Council Minutes 7 November 7, 1995 leaving $539,312 to be appropriated to other capital projects. The 1995/96 Capital Improvement Program CIP) and the Infrastructure Fee Study were used to compile the list of potential projects included in the staff report. On July 5, 1995, the Council directed staff to expend $160,540 of Landscape & Lighting District Funds to design and construct landscape improvements for the medians on Eisenhower Drive and Washington Street. Those median and landscape improvements are as follows: Eisenhower Drive from Avenue 50 to 500 feet east of Coachella Drive and the right-of-way on Calle Tampico from Avenida Bermudas to Avenida Navarro. Re advised that staff's recommended prioritized list of projects includes landscape improvements to the Eisenhower Drive median from Calle Nogales to Calle Tampico, the Washington Street median from Avenue 47 to Eisenhower Drive, and traffic signal improvements at Jefferson Street and Fred Waring Drive. Council's alternatives are to approve the appropriation of funds for the recommended projects or any other projects as deemed appropriate by the Council. In response to Mayor Peila, Mr. Cosper advised that the Washington Street median project DEI8) listed in the prioritized list of projects was on the CIP's deferred list of projects. The medians on Washington Street from Highway Ill to Avenue 47 will be constructed under the Highway 111/Washington Street project. The project listed in the CIP would construct medians on Washington Street from Avenue 48 to Eisenhower Drive, leaving a gap between Avenue 47 and Avenue 48. The area on Washington Street between Avenue 48 and Eisenhower Drive is asphalt at?the present time. Mayor Pena felt that medians already in place should be landscaped before constructing new ones such as the strip along Washington Street between Avenue 47 and Avenue 48 and Eisenhower Drive between Avenue 50 to Coachella Drive. Mr. Cosper advised that funding for the median on Eisenhower Drive would come from the landscape & Lighting District if approved by Council later in the meeting. Mr. Genovese, City Manager, advised that Projects 9904 Washington Street frontage road landscaping) and 9808 Calle Tampico median) have medians in place, but no landscaping. In response to Mayor Pena, Mr. Cosper advised that those two projects would cost less than the Washington Street median project. Council Member Perkins felt that the critical areas are the Washington Street frontage road and Eisenhower Drive median between Laguna de Ia Paz and the La Quinta Hotel. Council Member Perkins agreed that no more medians should be constructed until the current ones are landscaped. Mr. Genovese suggested that if Projects 9904 and 9808 are moved ahead of Project DEl 8 that the savings be used to finish the area between Avenue 47 and Avenue 48. BIB] 12-13-95-U01 08:53:19AM-U01 CCMIN-U02 11-U02 07-U02 95-U02 City Council Minutes 8 November 7, 1995 Council Member Sniff also felt that currently-constructed medians should be landscaped before constructing new ones. He felt that minimal landscaping should be implemented at the present time to allow coverage of a larger area and added to at a later time if possible. He asked what improvements are proposed in the north area. Mr. Cosper advised that medians in North La Quinta would be constructed by the developers. Some securities have been collected from the developments in that area for that purpose, but it's anticipated to take some time to collect enough to construct the medians. In regard to traffic signals, construction of the traffic signal at Miles Avenue/Dune Palms Road is complete, the design of the Adams Street Extension Project is almost complete, and the traffic signals at Miles Avenue/Adams Street and Fred Waring Drive/Adams Street are under design. Riverside County and the City of Indio have been asked to help fund the installation of traffic signals at Fred Waring Drive and Jefferson Street. The traffic signal at Fred Waring Drive and Dune Palms Road is scheduled in the CIP, but is not expected to be needed for several years. In response to Council Member Sniff, Mr. Cosper advised that construction of medians in the north aren't included in the Infrastructure Fee Study and reimbursement agreements would be difficult to obtain, but it could be looked at and addressed at a later date. Mr. Genovese pointed out that newly-landscaped medians impact the Landscape & Lighting Assessment District also. In response to Council Member Sniff, Mr. Cosper advised that sufficient funds are available in the Landscape & Lighting Assessment District to cover the maintenance of the proposed medians because of the $70,000 no longer budgeted for pool maintenance. Council Member Perkins asked Council Member Sniff if he was suggesting that medians should be constructed in North La Quinta. Council Member Sniff just felt that those needs should be included in the discussion. Council Member Perkins believed that it's more important to complete the traffic signals in the north at the present time. Mr. Cosper advised that the Adams Street Extension Project has been combined with the installation of four traffic signals and he hoped to have that project on the Council agenda at the next meeting for authorization to receive bids. The contract should be awarded by the end of December with construction beginning in January and the project completed by March. In response to Council Member Cathcart, Mr. Cosper advised that they hoped to construct five signals for the cost of three due to the combined projects. BIB] 12-13-95-U01 08:53:19AM-U01 CCMIN-U02 11-U02 07-U02 95-U02 City Council Minutes 9 November 7, 1995 Ms. Terry Henderson, 54-711 Eisenhower Drive, asked for clarification regarding the Washington Street frontage road and asked if any safety concerns had been voiced regarding the area on Miles Avenue where the road narrows near Adams Street. Mr. Cosper advised that no traffic safety concern report has been received, but some of the signage was changed as a result of a fatal traffic accident at the intersection. Mayor Pena suggested that it be looked at in the future. In response to Council Member Sniff, Mr. Cosper advised that the consensus he has received from the Council is that they wish to move forward with Projects 9809, 9804, 9904, and 9808 which would leave $30,000 to $40,000 that could be used to landscape the median strip on Washington Street between Avenue 47 and Avenue 48. Council Member Perkins felt that low-maintenance landscaping like that along Avenue 48 should be considered. M?ON It was moved by Council Members Sniff/Cathcart to reappropriate sufficient funds from the $539,312 to complete CIP Projects 9809, 9804, 9904, 9808, and landscape the median on Washington Street between Avenue 47 and Avenue 48. Motion carried unanimously. MINUTE ORDER NO.95-198. CONSENT CALENDAR Item No.12 was pulled from the agenda. APPROVAL OF DEMAND REGISTER DATED NOVEMBER 7,1995. 2. ADOPTION OF RESOLUTION ALLOWING TEMPORARY CLOSURE OF AVENIDA MONTEZUMA SOUTH OF THE FRANCES HACK PARK) BETWEEN EISENHOWER DRIVE AND AVENIDA NAVARRO ON NOVEMBER 10,11, & 12, 1995 FOR THE FALL FESTIVAL OF THE ARTS IN COMPLIANCE WITH MINOR TEMPORARY OUTDOOR EVENT PERMIT MTOE) 95-096 CONDITIONS OF APPROVAL. APPLICANT: LA QUINTA ARTS FOUNDATION. 3. ADOPTION OF RESOLUTION AUTHORIZING THE CITY MANAGER AND OTHER DESIGNATED INDIVIDUALS TO RECEIVE AND REVIEW SALES AND USE TAX ALLOCATION INFORMA?ON FROM THE STATE BOARD OF EQUALIZATION. BIB] 12-13-95-U01 08:53:19AM-U01 CCMIN-U02 11-U02 07-U02 95-U02 City Council Minutes 10 November 7, 1995 4. APPROVAL OF OVERNIGHT TRAVEL FOR THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO AT'IEND COMDEX/FALL 95 CONFERENCE IN LAS VEGAS, NEVADA, NOVEMBER 15-16,1995. 5. ADOPTION OF RESOLUTION OF INTENT TO HOLD A PUBLIC HEARING FOR STREET VACATION NO. 95?7, FOR WESTWARD HO DRIVE RIGHT-OF- WAY WEST OF ADAMS STREET FOR STAMKO DEVELOPMENT. 6. APPROVAL OF APPROPRIATION OF $144,038 OF LIGHTING AND LANDSCAPE ASSESSMENT DISTRICT FUNDING FOR CONSTRUCTION OF LANDSCAPE MEDIAN IMPROVEMENTS ON EISENHOWER DRIVE FROM AVENUE 50 TO COACHELLA DRIVE. 7. APPROVAL OF APPROPRIATION OF $14,750 OF LIGHTING AND LANDSCAPE ASSESSMENT DISTRICT FUNDING FOR CONSTRUCTION OF LANDSCAPE IMPROVEMENTS TO THE CALLE TAMPICO RIGHT-OF-WAY BETWEEN AVENIDA NAVARRO AND AVENIDA BERMUDAS. S. APPROVAL OF FINAL ACCEPTANCE OF TRACTS 20717-3, 218464, 22432-2, AND 25499-1 PGA WEST. 9. APPROVAL OF FINAL MAP AND SUBDIVISION AGREEMENT FOR TRACT 28189- THE QUARRY. 10. APPROVAL OF FINAL MAP AND SUBDIVISION AGREEMENT FOR TRACT 27952- RANCHO LA QUINTA. 11. APPROVAL OF DENIAL OF CLAIM BY CONSTRUCTION COMPANY FOR AVENUE 47 TO HIGHWAY 111 STREET IMPROVEMENTS PROJECT NO. 92-04. 12. APPROVAL OF AWARD OF CONTRACT FOR THE PURCHASE OF PLAYGROUND EQUIPMENT PALM ROYALE PARK PROJECT 95-07. 13. APPROVAL OF AWARD OF CONTRACT FOR THE 1995 SLURRY SEAL AND RESTRIPING PROGRAM. 14. APPROVAL OF IMPLEMENTATION AGREEMENT STARLIGHT DUNES BASIN. BIB] 12-13-95-U01 08:53:19AM-U01 CCMIN-U02 11-U02 07-U02 95-U02 City Council Minutes 11 November 7,1995 MOTION It was moved by Council Members Sniff/Cathcart to approve the Consent Calendar as recommended and as amended with Item Nos. 2, 3, & 5 being approved by RESOLUTION NOS. 95-83, 95-84, 95-85 respectively. Motion carried unanimously. MINUTE ORDER NO.95-199. STUDY SESSION None REPORTS AND NFORMATIONAL ITEMS All reports were noted and filed. A-i. UPDATE ON LIBRARY FUNDING ISSUES. Ms. Terry Henderson, 54-711 Eisenhower Drive, asked if Quimby Funds could be used for library funding. Mr. Genovese, City Manager, advised that staff would research it. D-1. UPDATE ON DISASTER PREPAREDNESS. Ms. Terry Henderson, 54-711 Eisenhower Drive, felt that an additional medical cache should be purchased for the north end of the City and asked if residents could take advantage of the purchase price of the ready to eat" food packets by purchasing them in conjunction with the City. Mayor Pena suggested that maybe the Volunteer Fire Department could provide medical kits for sale as part of their yearly fundraiser. Mr. Hartung, Building & Safety Director, advised that he would look into collective purchasing of the food packets. In response to Ms. Henderson, Mr. Hartung advised that the City?s disaster preparedness plan doesn?t include making water purification tablets available for the residents. The water and food that the City stores is intended for use by the disaster crews. Residents should be prepared with enough of their own survival needs to last for a few days. BIB] 12-13-95-U01 08:53:19AM-U01 CCMIN-U02 11-U02 07-U02 95-U02 City Council Minutes 12 November 7, 1995 Council Member Perkins advised that the telephone book has a great earthquake preparedness section. He also advised that swimming pools are a great source of water for a few days in spite of the chemicals. In response to Council Member Cathcart, Mr. Hartung advised that the City's inventory of 450 cots and blankets is the amount recommended by the Red Cross, but additional cots will be purchased next year. He felt that an annual budget of $5,000 to $10,000 has been sufficient to cover the purchases necessary to keep up with the population growth. Council Member Cathcart agreed that it would be good if the City could make disaster supplies available to residents at a reduced cost. Mr. Hartung advised that earthquake preparedness is part of the Human Services Commissions work plan and he would bring the suggestion up at their next meeting. Council Member Perkins felt that the average resident should be prepared for a minimum of one week should a disaster occur. Council Member Cathcart pointed out that rural areas like La Quinta would be somewhat neglected by disaster assistance agencies the first few weeks if a major disaster also affects the more populated areas of Southern California, making minimum supplies for three days inadequate. 3. TRANSMITTAL OF RECREATION ATTENDANCE REPORT FOR THE MONTH OF OCTOBER, 1995. Ms. Nicholson, Parks & Recreation Director, advised that the Recreation Attendance Report would be submitted to the Council on a monthly basis and proceeded to review the current report. She felt that the report would be beneficial in tracking the success of the programs as well as the public use of the Senior Center, noting that that rental information would be included in next month's report. 4. HOLIDAY OPEN HOUSE AND SWEARING-IN CEREMONY. Mrs. Juhola, City Clerk, advised that the Holiday Open House would be scheduled for December 14th and asked when the Council wished to schedule the swearing-in ceremony for new council members. Council concurred on scheduling a special meeting for the swearing-in ceremony for December 4, 1995 at 7:00 p.. BIB] 12-13-95-U01 08:53:19AM-U01 CCMIN-U02 11-U02 07-U02 95-U02 City Council Minutes 13 November 7, 1995 MAYOR AND COUNCIL MEMBERS1 ITEMS DISCUSSION REGARDING LA QUINTA ARTS FOUNDATION SURVEY. Council Member Perkins expressed concern about a candidate's survey done by the La Quinta Arts Foundation and the fact that the results were made available to the Foundation's 700+ members. Re felt that such action crosses the line from being a special-interest organization to a political-activist organization and questioned the legality of the City continuing to financially support the Foundation under such circumstances. Re felt that it's wrong for them to influence the outcome of a local election and wished to receive a legal ruling by the State Attorney General and Fair Political Practices Commission FPPC) regarding the City's support of the Foundation under such circumstances. He felt that the Foundation is a fine organization, but was concerned about the legality of the City supporting any political organization that has the capability of influencing a large segment of the voters in the City. Mr. Richard De Santis, 78-780 Avenida La Fonda, Vice-President of the La Quinta Arts Foundation, advised that it's the fundamental right of an informed electorate to know how the candidates stand on various issues. He advised that the questions on the survey were items of interest to the members of the Foundation on an individual basis as well as an organization. It's not the intent of the Foundation to recommend one candidate over another nor attempt to put one candidate at a disadvantage to another, but rather to answer questions their members have regarding the various candidate's views on arts and cultural issues. Each candidate was given the opportunity to respond to the survey and their answers were published verbatim. They feel that the questions on the survey will help the Foundation assess ways in which they can better work with the elected officials as well as better serve their members. Ms, Terry Henderson, 54-711 Eisenhower Drive, questioned the propriety of a City- supported organization seeking answers to questions and then making those answers available only to their members. She read a letter that she submitted to the Foundation in response to their survey which stated that she would respond to their questions, but did not want her responses to indicate support for the method used by the Foundation to solicit and distribute the responses. Council Member Sniff didn't have a problem with the Arts Foundation's survey. Re felt that they are not subservient to the City, pointing Out that they perform services for the City on a contractual basis. Counci] Member Cathcart felt that the survey questions were a bit inappropriate and couldn't imagine another organization such as the Chamber of Commerce asking candidates if they support their organization. He supported asking for a legal ruling on the issue if the City Attorney felt that it was appropriate to make that request of the FPPC BIB] 12-13-95-U01 08:53:19AM-U01 CCMIN-U02 11-U02 07-U02 95-U02 City Council Minutes 14 November 7, 1995 and suggested that a copy of the survey be included with the inquiry. However, he didn't wish to outrightly condemn the Foundation's use of their survey. Mayor Pena didn't believe that the survey was a violation of FPPC's rules and felt that it's more of a non-profit status question. Ms. Honeywell, City Attorney, didn't believe that it was an FPPC issue because they deal with conflicts of interest experienced by public officials. The only possibility that she saw was that the Attorney General might be able to give a legal opinion regarding the expenditure of public funds in a campaign, but her initial opinion was that there is not a problem. Mayor felt that the only way that that would be an issue is if the funds were used to support or endorse a particular candidate. Ms. Honeywell advised that the City's contract with the Arts Foundation clearly states that the Foundation does not act as an agent of the City and she wasn't aware of anything specific that their actions would have violated. Mayor Pena hated to see the matter get blown Out of proportion. He felt that the questions should have been more broad, but didn't believe that it was done to endorse or oppose any particular candidate. He felt that in hindsight, they probably wouldn't have done it and didn't wish to see the Council pursue the issue any further. Council Member advised that he would be concerned if there's a question of legality, but was comfortable with the City Attorney's comments and didn't see any need for the Council to proceed any further. He supported the Foundation, but was disappointed with their actions and that the questions weren't a bit broader. Council Member Bangerter concurred with Mayor Pena. She wasn't uncomfortable answering the questions, but would've preferred that the questions weren't quite so specific. She felt that the concern could get a bit carried away, pointing out that the Chamber of Commerce used public funds to send out an invitation to a public forum for the candidates. Council Member Perkins felt that the Chamber of Commerce's actions were quite different, pointing Out that their candidate's night allowed the people to ask questions and the Foundation's survey did not. He was concerned about the legality of the City supporting an organization that has entered the political arena. He felt that it's important to get a legal opinion from a higher authority than the City Attorney and cannot support any financial assistance to the Foundation until the legal concern is settled. BIB] 12-13-95-U01 08:53:19AM-U01 CCMIN-U02 11-U02 07-U02 95-U02 City Council Minutes 15 November 7, 1995 Mayor Pena felt that the contractual agreement between the City and the Arts Foundation defines them as a separate organization. Council Member Perkins suggested that a copy of the contract and survey be sent to the Attorney General for review along with any concerns that members of the Council might have and find out if it?s legal for the City to contract or give a contribution to the Arts Foundation since they?ve involved themselves in the political arena. In response to Council Member Cathcart, Ms. Honeywell advised that the City can contract with any political organization as long as their contractual service to the City is deemed to be a public benefit to the citizens of the City and doesn't promote any particular candidate. She would be concerned if anyone looked at the Arts Foundation as a branch of the City as a result of its financial support and pointed out that it's an independent organization that the City has no control over None of the non-profit organizations supported by the City qualify as public entities and the City would not want to seem to be responsible for any of their actions. She would be concerned if strings were attached to City donations to non-profit organizations unless the negotiated agreement specifically prohibits them from participating in local elections as an organization. The mere implication that a donation was given with a chilling effect" on an organization's First Amendment rights is a concern. Council Member Sniff felt that any individual concerned about this matter could pursue this further, but wasn't in favor of taking any action on it as a Council. Council Member Perkins advised that he would feel more comfortable if the Attorney General ruled that there was no violation and would pursue it on his own if the Council had no objections. Council Member Cathcart felt that the next review of the contract would be the appropriate time to consider inserting language into the contract on this issue. Council took no action and didn't wish to preclude Council Member Perkins from pursuing the issue on his own. Council recessed to Redevelopment Agency meeting. Council reconvened and recessed to Closed Session. BIB] 12-13-95-U01 08:53:19AM-U01 CCMIN-U02 11-U02 07-U02 95-U02 City Council Minutes 16 November 7? 1995 CLOSED SESSION 1. Discussion with legal counsel concerning claim filed by Granite Construction Company on June 21,1994 and rejected by notice dated July 14, 1994 pursuant to Government Code Section 54956.9(b). Council reconvened with no decision being made which requires reporting pursuant to Section 54957.1 of the Government Code Brown Act). There being no further business, the meeting was adjourned. Re?ectfuIIy submitted AUNDRALJUROLA City Clerk City of la Quinta California BIB] 12-13-95-U01 08:53:19AM-U01 CCMIN-U02 11-U02 07-U02 95-U02