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1993 01 11 CC MinutesF LA QUINTA CITY COUNCIL MINUTES JANUARY 11, 1993 Special Meeting of the La Quinta City Council was called to order at 3:00 P.M. by Mayor Pena, followed by the Pledge of Allegiance. PRESENT: Councilmembers Bangerter, Perkins, Sniff, Mayor Pena ABSENT: One vacancy) CONFIRMATION OF AGENDA Confirmed ANNOUNCEMENTS None PUBLIC COMMENT Gertrude Cheney, 54?255 Avenida Carranza, addressed the Council advising that many seniors are concerned about some of the City's expenditures that some of them could have been kept further in the future and the extreme needs of the present taken care of first. She believed that it's important to prioritize projects and urged that the new Senior Center be placed as a high priority with the City. Joe Daniel, 51-315 Avenida Juarez, Attorney at Law and resident of what is known as the Yucatan Peninsula, addressed the Council on the matter of the Capital Improvement Program and the prioritizing of projects stating that the residents of Yucatan Peninsula are extremely upset that their area has not yet had streets constructed, as they had been promised that the work would begin in July 1992. He believed that the dust problem mandates that their area be improved, as it is posing a health hazard. He concluded in saying that he is willing to file a lawsuit on behalf of the residents they want to have an answer as to when they can expect the work to be done within ten days. STUDY SESSION 1. REVIEW AND DISCUSSION OF DRAFT CAPITAL IMPROVEMENT PROGRAM. Mr. Genovese, Interim City Manager, noted that the Council has received the draft Capital Improvement program, which takes into account a number of projects and policy considerations that will impact the City a great deal over the next several years. Staff does not anticipate Council making any policy decisions at this meeting with regard to priorities and funding levels, but rather anticipates presenting a review of BIB] 01-20-96-U01 11:03:13AM-U01 CCMIN011193-U02 FCity Council Minutes 2 January 11, 1993 the CIP with future meetings to review it in detail. The CIP includes a multitude of capital improvement projects which staff foresees over a period of five years. He noted that some of them may have to be placed in a longer time-frame and there may be projects not listed, which Council may wish to include. The program lays out the City?s current resources as we know them today along with cost estimates for the various projects as they are known today. The other component of the CIP is the inclusion of the on-going maintenance and operation of the improvements. He pointed out that once the document is adopted, that does not assume funding for the projects they will have to be budgeted on an annual basis through the normal budgeting process. Dan Niller, with Rosenow, Spevacek Group, who worked on the CIP addressed the Council reiterating that this document will be reviewed in greater detail at a subsequent meeting. It is a fluid document, subject to continual change based on annual review. The plan is laid out in three components; 1) is a listing of all projects by priority by year; 2) projects are categorized by type of improvement, i.e. streets, parks, etc.; and 3) detailed description of each project along with estimated annual operating and maintenance cost. In response to Mayor Pena, Mr. Miller advised that the estimated cost of projects for 1994-95 and 1995-96 and 1996-97 are at today's costs. The first two years are actual costs. Councilmember Sniff believed that we're still dealing with a situation that's in a state of flux making it difficult to make decisions other than prioritizing without time schedules), due to the fact that the potential loss of funds from the ITM litigation has not been taken in account. He also expressed concern that inflation has not been taken into account, which could amount to 15% over the next five years. He suggested that the Council discuss in general what they consider to be top, immediate priorities that the Council believes needs to be pursued. Councilmember angerter asked for clarification that when the Council begins deciding on priorities that they will be receiving public input. Mayor Pena commented that Council only received this document two days ago. Staff wanted to walk the Council through it to let the Council know what they are facing in the future relative to funding activities. With regard to construction of the Senior Center, he believed that Council has previously instructed staff to continue with that project. Also, regarding the Cove improvements, we may have to wait to see how far we can go with the next phase. But he felt that this BIB] 01-20-96-U01 11:03:13AM-U01 CCMIN011193-U02 F City Council Minutes 3 January 11, 1993 document will be before the Council many times and the public will have an opportunity to give input. Councilmember Perkins felt that it's important at this time, to let the staff know where Council's individual priorities are so they can give some emphasis to them. He had three major priorities 1) senior center; 2) Yucatan Peninsula improvements; and 3) traffic in the vicinity of Washington and Highway 111. He was appalled at the State of California for allowing traffic signals to go in without being synchronized. He wished to see a redesign of that intersection and the Washington Bridge designed for three lanes until it can be widened two for southbound and one for northbound. That whole area including Miles and Washington needs to be emphasized as soon as possible. He realized that there are funding problems, but believed that the Senior Center should be moved ahead immediately along with the Yucatan Peninsula. Councilmember Bangerter stated that those are her exact list of priorities. She hoped that we would be able to educate the public as to the various funding sources so that they will understand the process. Councilmember Perkins asked if staff could come up with some kind of synopsis of the CIP that could be distributed to the public. Dan Miller advised that they could. Mayor Pena felt that perhaps the Council should be looking at a 10-15 year plan in some areas. He agreed that the Yucatan Peninsula is a bad situation. He then commented on the problems incurred with getting Washington St. improved and the difficulties in working with CalTrans for Highway 111 improvements. He agreed that the Senior Center remains a top priority. Councilmember Perkins volunteered to assist staff in working with CalTrans. Councilmember Sniff commented on the history of the abandonment of Adams Street as another north-south street, which he felt was a mistake. Regarding priorities, he had four 1) Senior Center; 2) Fritz Burns Park; 3) Phase V improvements; and 4) north-south streets. He asked the consultants to discuss the Senior Center and Phase V. Dan Miller advised that the Senior Center is listed as a priority within this fiscal year and should be coming to the Council for authorization to call for bids. The project cost is estimated at $1.6 million with the funding sources being BIB] 01-20-96-U01 11:03:13AM-U01 CCMIN011193-U02 FCity Council Minutes 4 January 11, 1993 the infrastructure fund and Community Development Block Grant Funds. Councilmember Sniff asked if the funds are available to build the Senior Center and Mr. Miller advised that they are, noting that there are other projects competing, but if the Council decides that it is top priority, then the funds are there. Regarding Phase V improvements it is listed as the Number 2 priority in 1993/94 at an estimated cost of $13.8 million and will take some action by the Council regarding funding sources which are an assessment district; Redevelopment Agency and C.V.W.D. Councilmember Sniff felt that the logical progression of Phase V would be northerly from Durango and taking in the Yucatan Peninsula and over to Eisenhower. Mayor Pena and Councilmember Bangerter advised that they would be abstaining from the discussion relative to Phase V. Mr. Reynolds, Public Works Director, advised Phase V presently consists of the area generally west of Eisenhower; north of Durango; including the Yucatan area; Westward Ho and the Sagebrush/Bottlebrush area. He added that the Yucatan area has requested undergrounding of utilities. Of the total cost of $13.8 million, $5 million would be assessment district funds for the sewer and $9 million from the Redevelopment Agency. Mr. Genovese noted that both Project Area 1 and Project Area 2 would be involved in Phase V. Councilmember Sniff suggested looking for a logical break-off point for Phase V which would include the area north of Durango and the Yucatan area. Council stressed the urgency in moving ahead with the CIP and favored the idea of a *position paper" for the public. Councilmember Sniff asked how the Senior Center can be moved forward. Mr. Genovese advised that at the next meeting, staff will have some dates for additional meetings regarding the CIP. Staff is anxious to get tentative approval of the document by late February or March. At the next meeting, staff can update Council on the status of the Senior Center. BIB] 01-20-96-U01 11:03:13AM-U01 CCMIN011193-U02 FCity Council Minutes 5 January 11, 1993 BUSINESS SESSION 1. CONSIDERATION OF FOR THE FILLING OF THE VACANCY IN THE MUNICIPAL OFFICE OF COUNCILMEMBER FOR THE CITY OF LA QUINTA. Ms. Honeywell, City Attorney, advised that the Council is authorized within this month, to either make an appointment or call a special election. The Council has designated this evening as the time to begin consideration of making an appointment. The Council proceeded to hear brief presentations by the following individuals: Jacques Abels Dale Bohnenberger Dan Featheringill Ted Llewellyn Michael McCartney Robert Metkus Peter Murray Janet Pheips William Rushworth Andrea Spirtos Randall Wright Peter Zelles Mayor Pena asked if the Council was ready to consider making a decision or if they wished to continue the decision to the meeting of January 19th. Councilmember Perkins felt that the Council has had an opportunity to see and hear all applicants, but he did not feel ready to make a decision at this time. He felt that the decision should be made in a regularly scheduled meeting. As an alternative, he suggested that the Council might wish to consider narrowing it down at this time. Mayor Pena suggested that everyone might wish to name the person they are considering and at the next meeting have those individuals considered. Councilmember Bangerter favored continuing the decision to the next meeting, but did not favor the idea of narrowing it down. Councilmember Sniff also did not favor narrowing it down at this time, as he felt that everyone should be considered on an equal basis. He favored continuing the decision to the next BIB] 01-20-96-U01 11:03:13AM-U01 CCMIN011193-U02 FCity Council Minutes 6 January 11, 1993 meeting noting that there are many applicants whom the Council does not know too well. He felt that logic, to a great degree, says to look at the just-concluded election where the candidates were examined, exposed and questioned; whereas, the people who did not expose themselves to the electoral process are somewhat unknown to the Council and to the public. He asked that the Council give these thoughts some consideration over the next week. NOTION It was moved by Councilmembers Sniff/Bangerter to continue the decision on the Council vacancy to January 19th and that it be scheduled as a business session item. Mayor Pena said to the people who applied that he was tremendously impressed by the talent in this community. All applicants who have shown a willingness to serve their community are to be commended. Councilmember Perkins stated that the citizens elected the Council to make decisions and they must make decisions that they believe will be in the best interest of the community. He was not looking necessarily at precedent or at the last election, he was looking for the person who is going to serve the community the best and work with this Council in a team effort, so he was entering this with an open mind. Motion carried unanimously. MINUTE ORDER NO. 93-11. Mr. Genovese asked if Council is willing to consider any additional applicants should they come in. Councilmember Perkins felt that no additional candidates should be entertained. Councilmember Sniff did not wish to limit the process to those who have applied at this time. Mayor Pena concurred. CLOSED SESSION a. Discussion of negotiations pursuant to Government Code Section 54956.8 Authorization to purchase parcel from Fred and Norma Stone for right-of-way necessary for proposed assessment District 92-1 improvements. b. Discussion of on-going litigation pursuant to Government Code Section 54956.9(a) International Treasury Management/Denman Iowa Trust Parc La Quinta Settlement Request for Extension BIB] 01-20-96-U01 11:03:13AM-U01 CCMIN011193-U02 FCity Council Minutes 7 January 11, 1993 Council reconvened to regular session. The Council announced that action was taken in Closed Session to authorize the purchase and sales agreement for the Stone property for the appraised amount of $28,000. Council recessed until 7:00 P.N. PUBLIC HEARINGS 1. CONSIDERATION OF FORMATION OF ASSESSMENT DISTRICT NO. 92-1. Ms. Honeywell, City Attorney advised that there is a procedural matter which needs to be taken care of because there are two Councilmembers who have conflicts with participating in this matter under the Political Reform Act. Because we also have a vacant Council seat, if the two of them do not participate, we would be left without a quorum in this matter under the case of Farwell vs Town of Los Gatos. Therefore, in cases like this, where action could not be taken due to conflicts, the Rules of Necessity takes precedence over the conflicts, so the two Councilmembers need to draw straws. The person who draws the short straw will remain and participate. The City Clerk then handed out the straws in which Mayor Pena drew the short straw and remained to participate with Councilmember Bangerter abstaining. Mr. Reynolds, Public Works Director1 briefly reviewed the history of this matter advising that on June 29, 1992, the Council held a public hearing on this item, which was continued until this date. In the meantime, the Capital Improvement Program was being formulated as there was some question as to availability of finances to proceed with this project. Staff also took into consideration the fact that capitalized interest would accrue to the people within the assessment district should the matter go through at this point. Therefore, on December 1st, staff recommended that the Council continue this hearing to a date certain, in which they agreed to continue it for four months to May 11, 1993. The Mayor declared the PUBLIC HEARING OPEN. PAUL QUILL, 51-245 Avenida Rubio, advised that he lives in the area known as the Yucatan Peninsula and that he understood the financial predicament and commended the City on the CIP. He BIB] 01-20-96-U01 11:03:13AM-U01 CCMIN011193-U02 FCity Council Minutes 8 January 11, 1993 also commended the Council on what appeared to be an almost unanimous opinion as to the top three priorities with respect to the Senior Center; Highway 111 and Washington and the area in question. He wished to offer his support of the one additional priority, which was the Fritz Burn Park. Regarding the Yucatan Peninsula, he wished to reinforce what was said by Mr. Daniel earlier in the meeting, especially in light of the PM1O issues. WALLY REYNOLDS, 79-860 Fiesta Drive, advised that there was a meeting of the Indian Springs Homeowners in which more than 100 people attended. The uppermost subject discussed was this meeting and what will happen on May 11th. They have waited for two years for their street improvements and they want to know if their improvements are a lesser priority than the others and are they going to be put off again on May 11, 1993? AUDREY OSTROWS?Y,P.O. Box 351, La Quinta, stated that she, too, has waited a long time for the improvements and cannot get a loan until the sewer is in on Sinaba. She felt that it?s unfair that the Desert Club Tract was improved before the remainder of the Cove. BRUCE POTTER, Avenida obregon, urged continuance of the Cove improvements stating that the City needs to finish what they've started before going on to another area. MARTIN CLOSE, Horseshoe, was concerned about the patching of the roads going across the Whitewater Storm Channel and asked if the City is going to do anything about a permanent kind of improvement so that they don?t continue to get washed out during a rain. HARRY GATES, 79-910 Fiesta, stated that the condition of Fiesta is bad and asked if their improvements are going to be put of f again in May? He asked if some type of temporary improvement could be made to make a safer condition. KEITH CHRISTIANSEN, 79-820 Horseshoe, asked why they are being put off. Mr. Genovese, Interim City Manager, advised that the project cannot proceed at this time, because bids were not secured. The two primary reasons are 1) funding and 2) the capitalized interest question. He noted that most all of the City?s assessment districts have been done in a June and July time- frame to decrease the capitalized interest that goes for the bonds. The other reason is the funding, which the Council is in the process of reviewing. BIB] 01-20-96-U01 11:03:13AM-U01 CCMIN011193-U02 F City Council Minutes 9 January 11, 1993 Mr. Christiansen asked if the plans for the undergrounding have been prepared by lID and if the streets are now City owned. Mr. Reynolds advised that the necessary information has been received from lID and the streets are now City streets. Mr. Christiansen urged that the improvements to Indian Springs move forward even if it's necessary to install a dry sewer line. BEVERLY SFINGI, 79-915 Horseshoe, asked why the City wanted to annex their area. CARLA KLINE, 78-585 sagebrush, advised that they were assessed for streets and gutters and sewers the improvements are already there, so why is there a plan to assess for it again? Also, she asked what is going to be done about the flooding problem on sagebrush. Last year, their street was closed for ten days and this year it was closed for four days and it will soon be the only access to that neighborhood. BILL O'REILLY, property owner in the Yucatan Peninsula area, wished to know when they can expect the improvements in their area to be made. Mayor Pena advised that the decision will be made on May 11, 1993. NOTION It was moved by Councilmembers Perkins/Sniff that the public hearing on formation of Assessment District 92-1 be continued to May 11, 1993 at 7:00 P.M. and that all affected property owners be notified. Motion carried unanimously. MINUTE ORDER NO. 93-12. Councilmember Sniff asked that where possible, the Public Works Director respond to the questions asked here this evening. Councilmember Perkins felt that it's important to let the people here know that the Council is concerned and while they cannot give definite answers at this time, it does carry a priority with the Council. CLOSED SESSION a. Discussion of on-going litigation pursuant to Government Code Section 54956.9(a) International Treasury Management/Denman Iowa Trust Parc La Quinta Settlement Request for Extension BIB] 01-20-96-U01 11:03:13AM-U01 CCMIN011193-U02 FCity Council Minutes 10 January 11, 1993 Council reconvened to regular session. NOTION It was moved by Councilmembers Perkins/Bangerter that a six-month extension on the settlement with Parc La Quinta be approved. Motion carried unanimously. MINUTE ORDER NO. 93-13. There being no further business, the meeting was adjourned. SAUNDRA L. JUHOLA LA, City Clerk City of La Quinta, California BIB] 01-20-96-U01 11:03:13AM-U01 CCMIN011193-U02