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1993 02 02 CC Minutesc LA QUINTA CITY COUNCIL MINUTES FEBRUARY? 2, 1993 Regular meeting of the La Quinta City Council was called to order by Mayor Pena, followed by the Pledge of Allegiance. PRESENT: Council Members Bangerter, McCartney, Perkins, Sniff, Mayor Pena ABSENT: None CONFIRMATION OF AGENDA Mr. Genovese asked that acceptance of a gift of Bob Hope Classic tickets be added as Business Session No. 19 and that Business Session No. 18 be moved to Business Session No. 2. MOTION It was moved by Council Members Sniff/Bangerter that Business Session No. 18 be made Business Session No. 2 and that acceptance of the Bob Hope Classic tickets be added to the agenda, noting that the need to take action arose after the posting of the agenda. Motion carried unanimously. APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/Bangerter that the Minutes of January 11, 1993 be approved as submitted. Motion carried unanimously. MOTION It was moved by Council Members Sniff/Bangerter that the Minutes of January 19, 1993 be approved as submitted. Motion carried unanimously. PRESENTATIONS Mayor Pena presented Hector Guzman with a plaque expressing the City's appreciation for being Employee of the Month of January. PUBLIC COMMENT None WRITTEN CORRESPONDENCE a. Letter from Dennis Candy regarding cable television service Noted and filed. BIB] 01-20-96-U01 11:06:36AM-U01 CCMIN020293-U02 cCity Council Minutes 2 February 2, 1993 b. Letter from City of Indio regarding the Desert Justice Center. Noted and filed. BUSINESS SESSION 1. CONTINUED CONSIDERATION OF APPROVAL OF CONTRACT CHANGE ORDER FOR CIVIC CENTER AIR CONDENSING UNIT ACCU-3). Mr. Reynolds, Public Works Director, advised that at the last meeting, the Council asked the Architect to come back with alternatives. Mr. Mans Peika with ruen Associates is present to present those alternatives. Mans Peika, advised that two alternatives were explored using the current unit. The first concept was a stucco wall around the unit at a cost of $20,000. However, it would degrade the performance of the unit. The second concept is the placement of a louver screen around the unit which would cost about $16,000. Another alternative looked at, at the suggestion of Mr. Genovese, which was to put a 6' x 6 grid of wood trellis work made of 2" x 2" wood members around it at a cost of $11,000. Council Member Perkins was appalled that both alternatives are more expensive than the change of the unit itself. He believed that there must be something that can be done at a lesser cost. He felt that the City is stuck spending upward of $20,000 for something that the Contractor and Architect should have done in the beginning. He didn't believe that the City should be responsible, especially in light of the fact that it violates the City's Code. Council Member Bangerter asked if the replacement unit would still be in violation of the Municipal Code and Mr. Herman advised not, it's in an R-2 Zone, with Council Member McCartney commenting that it would not be within the spirit" of the Code. Council Member Bangerter expressed concern about the City being responsible for the full amount under the circumstance. Council Member Sniff agreed that this matter should have been caught up front considering the amount of money being spent for this project. However, we need to solve the problem and move forward. He leaned toward there being a sharing of responsibility and cost. He supported the idea of some kind of screen and with the City only paying a part of the cost with the Architect and Contractor sharing in the cost. BIB] 01-20-96-U01 11:06:36AM-U01 CCMIN020293-U02 cCity Council Minutes 3 February 2, 1993 Mayor Pena concurred adding that the screen should be built at cost". He agreed that a decision must be made 50 we can move on. Mr. Genovese asked for clarification that if the Council wishes to keep within the spirit' of the Code, then if the lower profile unit is installed, does Council still wish for it to be screened? Council Member Bangerter asked if the Council chooses to screen the unit, is there any need to change-out the unit? Council Member McCartney stated that the current unit sticks up like a thumb and felt that under any circumstance we don't want this sticking up with or without a screen as it's very unsightly. Council Member Sniff commented that to change it out would require a double-cost. He would like to see some kind of actual screen, like steel meshing which would not deteriorate in the weather. Mr. Peika advised that putting an enclosure around the low profile unit would not be useful just painting it white would blend it into the building. MOTION It was moved by Council Members Perkins/Mccartney that the City of La Quinta pay 50% of the cost of replacing the unit for an amount not to exceed $7,000. Council Member Sniff questioned how the other 50% will be paid and Council Member Perkins expected the Contractor and Architect to discuss this offer and come back with their response. If it's agreeable, then we can move ahead, if not, then the City should take action against the Architect and Contractor. Motion carried with Council Member Bangerter voting NO. MINUTE ORDER NO. 93-28. Mr. Genovese advised that there will be a response on the agenda for the next regular meeting. 2. CONSIDERATION OF CIVIC CENTER CONTRACT CHANGE ORDER NO. 41 AMERICANS WITH DISABILITIES ACT ADA). Mr. Reynolds, Public Works Director, advised that last Fall, the Council authorized the Architect to proceed with the interpretation of the Americans with Disabilities Act and come forward with the plans necessary to make the changes to put BIB] 01-20-96-U01 11:06:36AM-U01 CCMIN020293-U02 cCity Council Minutes 4 February 2, 1993 the building into compliance. This is the first of possibly three Change Orders relative to the ADA. This particular one is in the amount of $27,003. It primarily involves the addition of steel hand-rails at ramps and in the locker rooms, power-actuated door-openers at six exterior locations and the electrical branch circuits to actuate these doors. Council Member Perkins asked if these requirements were mandated after the drawings were prepared and Mr. Reynolds advised that the law took effect January 29, 1992, which was after the contract was awarded. In response to Council Member McCartney, Mr. Reynolds advised that the original, estimated dollar amount of changes required was between $100,000 and $200,000 and he believed that it will probably end up being half of what was estimated. MOTION It was moved by Council Members Snif f/Bangerter that the Council approve Civic Center Contract Change Order No. 41 relative to the Americans with Disabilities Act and further, authorize the Acting City Manager to execute the Change Order. Motion carried unanimously. MI?ORDER NO. 93-29. 3. CONSIDERATION OF APPROVAL OF ART PROPOSAL AT THE CIVIC CENTER SITE. Mr. John walling, Chairman of the Art in Public Places Committee, noted that at the last meeting, Mr. Louis De Martino presented his proposed art work for the Civic Center, which created a few areas of concern. One concern was the amount of community involvement in the project and the location. He advised that the Art in public Places Committee suggests that if the Council wishes to approve the project in concept, that Mr. De Martino could begin negotiating with the City and in the meantime, the APP could take the location under advisement at the next meeting and come back to the Council with a recommendation. He advised that the Council also wished to look at some of the art work of the other finalists. He then presented slides and photos of the other art work which was reviewed by the APP. In response to Mayor Pena, Mr. Genovese advised that all of the money derived for this project comes out of the Art in Public Places fund which is funded by a developer's fee which is imposed on each development. One-half of one percent of the development cost goes into this fund. The monies must be used within two years or the monies are to be refunded to the developer. BIB] 01-20-96-U01 11:06:36AM-U01 CCMIN020293-U02 cCity Council Minutes 5 February 2, 1993 Mr. walling noted that only the interest on the $50,000 seed- money allocated by the Council is to be used. Mr. Herman advised that there's currently $100,000 in the fund excluding the $50,000. Louis De Martino believed that there are many possibilities for a better location and that it would take some time to discover that location. The Architect and Planner suggested a location, which he has not had a chance to look at, but noted that it doesn't need to be decided now, it could wait four or five months. This particular art piece is viewable from 36O? which gives it the ability to be just about any place. Regarding the community involvement, he suggested going into the schools in an assembly to explain the project to develop some interest. Council Member Sniff felt that the art piece is one thing, but believed that the setting and location is a pre-reguisite as to whether he will vote for it. He was also concerned about the cost of $60,000. Council Member Bangerter expressed concern about the location and about the community involvement which she felt is necessary to make both the art piece and the Civic Center as a whole, an approachable place. If the art encompasses the neighborhood and community, it will become an approachable art piece. She asked if staff has some possible locations in mind. Mr. walling advised that the Committee briefly touched on the location with the northwest corner of the property being one possibility. They have decided to move it to a location other than in the arch. He also noted that the Arts Foundation has decided to move their building further to the south. Mayor Pena was pleased that it has been moved from out of the arch, as he felt that would have been cumbersome. Council Member McCartney agreed that the arch was not a practical place to put the art piece. He also concurred that community involvement is needed that it will make the Civic Center much more accessible to the community. He felt that it's imperative that we find as many ways as possible to make the art accessible to the kids and their parents. Council asked that the Committee come back to the Council with a recommendation on the location. Council Member Sniff asked if there will be any costs over and above what has been outlined. BIB] 01-20-96-U01 11:06:36AM-U01 CCMIN020293-U02 cCity Council Minutes 6 February 2, 1993 Mr. Herman advised that with the lighting and free-standing engineering costs, there will be a total cost of $73,500. Council Member Sniff was concerned about taping almost the entire fund for one project. He asked how long it took to build the fund to this amount and Mr. Herman advised about two years. MOTION It was moved by Council Members Perkins/Bangerter to refer the matter of the Civic Center Art Piece back to the Art in Public Places Committee for site selection. Motion carried unanimously. MINUTE ORDER NO. 93-30. 4. ACCEPTANCE OF RECOMMENDATION OF ART IN PUBLIC PLACES COMMITTEE FOR A SCULPTURE TO BE LOCATED AT THE DESERT HOSPITAL MEDICAL CENTER SITE. Mr. walling, Chairman of Art in Public Places Committee, advised that Desert Hospital has chosen the alternative to create their own work of art rather than contribute to the fund. As a result, they have proposed a very handsome sculpture for their entrance-way. Peter Berguann, Chief Financial Officer of Desert Hospital, presented a sketch of the proposed art piece and described it as being an 8' sculpture on a 5' base, which is a two-sided, stainless steel with a rolled bronze exterior with a light patina. He noted that there will be one like it at their facility in Palm Springs, but with a different patina and a different base, which are recommended conditions of approval. He added that the sculptor is Myra Nelson, a La Quinta resident. MOTION It was moved by Council Members Sniff/Bangerter that the City accept the proposed art work by Desert Hospital subject to the recommended conditions that a different patina be used than in Palm Springs; that an inscription on the base be different than that used in Palm Springs; and that the base of the art piece be different than that used in Palm Springs. Motion carried unanimously. MINUTE ORDER NO. 93-31. 5. CONSIDERATION OF FUNDING REQUEST FOR LA QUINTA MIDDLE SCHOOL AFTER-SCHOOL SPORTS PROGRAM. Mrs. Licalsi, Administrative Analyst, advised that in October the Council made a $2,500 contribution to the La Quinta Middle School for their after-school sports program. At that time, the Council asked them to come back and report after their fund-raising efforts. There was some discussion that the BIB] 01-20-96-U01 11:06:36AM-U01 CCMIN020293-U02 c City Council Minutes 7 February 2, 1993 Council would match the money raised at their walk-a-thon, up to $10,000? They raised $2,000 from that effort. She noted that the funds are available in the Contingency Account. Rachel Carreiro, representing the La Quinta Middle School Sports Program presented a brief status of the activities of the program. MOTION It was moved by Council Members Sniff/Perkins that the City make a $2,000 contribution to the La Quinta Middle School After-School Sports Program to be funded from the Contingency Fund. Motion carried. MINUTE ORDER NO. 93-32. 6. CONSIDERATION OF A RESOLUTION ACCEPTING THE TRANSFER OF PROPERTY TAX REVENUE FROM THE CITY OF INDIO FOR ANNEXATION NO. 7, LAFCO #92-41-4, HOWARD ANNEXATION) APPROXIMATELY 1.4 ACRES LOCATED AT THE EASTERLY TERMINUS OF VISTA GRANDE DR. Mr. Herman, Planning Director, advised that LAFCO requires that both the Cities of Indio and La Quinta adopt resolutions consenting to the transfer of property tax revenue relative to Annexation No. 7 to the City of La Quinta. RESOLUTION NO. 93-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA ACCEPTING THE TRANSFER OF PROPERTY TAX REVENUE FROM THE CITY OF INDIO THE CITY OF LA QUINTA FOR THE AREA PROPOSED TO BE DETACHED FROM THE CITY OF INDIO AND ANNEXED TO THE CITY OF LA QUINTA ANNEXATION NO. 7, LAFCO 92-41-4). It was moved by Council Members Perkins/Sniff that Resolution No. 93-6 be adopted. Motion carried unanimously. 7. CONSIDERATION OF AUTHORIZATION TO CALL FOR BIDS FOR TRAFFIC SIGNAL AT CALLE TAMPICO AND WASHINGTON STREET. Mr. Reynolds, Public Works Director, advised that during the past few days we have been advised of potential Federal funding for transportation needs. This project could be funded from those funds. Therefore, he recommended that the Council delay action on this matter until we learn the status of our application for Federal funds. In response to questions by Council, Mr. Reynolds noted that other projects submitted were: 1) improvements to Eisenhower/Ave. 50; 2) Eisenhower between Ave. 52 and Montezuma; 3) Adams between Ave. 47 and Hwy. 111 and 4) Washington St. from Simon Dr. to just beyond Hwy. 111. The BIB] 01-20-96-U01 11:06:36AM-U01 CCMIN020293-U02 cCity Council Minutes 8 February 2, 1993 total cost of all five projects is estimated at $3.75 million. Council Member Perkins asked if we can put some pressure on the County to proceed with the improvements to Miles and Washington and Mr. Reynolds advised that those plans are complete and understands that the County was to get the funds from the State in December and they are in the process of preparing specifications and readying the project for a call for bids. MOTION It was moved by Council Members Sniff/Perkins to continue the call for bids for a traffic signal at Calle Tampico and Washington Street to February 16, 1993. Motion carried unanimously. MINUTE ORDER NO. 93-33. B. CONSIDERATION OF REQUEST OF DESERT PROTECTION FUND FOR CONTRIBUTION TOWARD LEGAL FEES. Council Member McCartney left the dais during consideration of this matter due to a conflict of interest. Mr. Genovese, Interim City Manager, advised that the Council previously received a request from the Desert Protection Fund to assist in the legal fees in a CEQA lawsuit against the Eagle Mountain Landfill. He noted that in September 1991, the Council took a position of opposition to the project. Steve Clute, former Assemblyman, representing the Desert Protection Fund, advised that they feel that they have a good opportunity on legal grounds to challenge the CEQA process on numerous counts where this project does not measure up to minimum environmental standards. They feel that this project will be contrary to good business and in the long-term will damage this area and provide dis-incentives for businesses to come to this area. They feel that the quality of life issues are of critical importance to this valley. Judge Richard Marsh Retired), stated that this is not a political matter it's an environmental matter. The air quality issue will affect La Quinta and impact the tourist industry. Council Member Sniff asked that if the Council makes a contribution and supports this group, would the City assume any legal risks? Ms. Honeywell advised not they are only asking for monetary help. BIB] 01-20-96-U01 11:06:36AM-U01 CCMIN020293-U02 cCity Council Minutes 9 February 2, 1993 Council Member Bangerter asked if this movement is against the Landfill or to check the EIR? Steve Clute advised that all of the people involved are against the project and they are trying to stop it; although, technically, he felt that a case could be made that they are not satisfied from a public-policy point of view that this was a process that received all the proper scrutiny and input it should have had. He noted that the County Planning Commission recommended denial on a 4-1 vote and proceeded to move through the Board of Supervisors. Council Member Bangerter felt that if there is any question about the EIR then an investigation would be worthwhile. Council Member Perkins did not think the City of La Quinta should be expending tax-payers money for something the City is not directly involved in. He believed that there are still some agencies in which the Landfill must receive approvals from. He could not support the request for funds. Mayor Pena commented that the City has stated that it had concerns with the ETR and believed that we're still in that process. He felt that it may be premature on the City's part to get involved at this point. He also expressed concern about the precedent that would be set in supporting CEQA lawsuits and with filing against another member agency. Council Member Sniff felt that there are some issues in this world that are over-riding and this does affect La Quinta and the entire valley it's a serious environmental matter. In September 1991, the Council indicated that they were opposed to the project. He was concerned about the fact that the Landfill is in an area that is laced with fault-lines, which threatens our under-ground water supply. He felt that the City would be derelict in their duties if we don't support this effort and suggested that we make at least a token contribution. MOTION It was moved by Council Members Sniff/Bangerter that the City indicate its support for the Desert Protection Fund regarding legal expenses for a CEQA lawsuit against the Eagle Mt. Landfill and provide a one-time contribution of $1,000 from contingency funds. Mayor Pena also expressed a concern about the valley's environment and the protection of our fragile desert; however, he felt that we have to be cognizant of the fact that this is a CEQA lawsuit and it still has to go through the process. He felt that we may be setting a wrong precedent in other CEQA actions. He was concerned with the existing landfills which BIB] 01-20-96-U01 11:06:36AM-U01 CCMIN020293-U02 cCity Council Minutes 10 February 2, 1993 are leaking and we need to protect our environment from those nearby dumps. Council Member Perkins stated that in a way we're bucking the County and he is not sure that's a good idea and would not support the motion. Motion failed to carry with Council Member Perkins and Mayor Pena voting NO. 9. REPORT OF PLANNING COMMISSION ACTION APPROVING PLOT PLAN 92- 494 TO ALLOW CONSTRUCTION OF AN AUTOMOTIVE LUBRICATION SHOP & SELF CARWASH IN THE: ONE ELEVEN LA QUINTA SHOPPING CENTER ON THE WEST SIDE OF ADAMS ST. APPROXIMATELY 350' NORTH OF HIGHWAY ill. APPLICANT. THE LUBE SHOP PETER STURGEON). Mr. Sawa, Principal Planner, advised that the applicant wishes to construct and operate an automotive lubrication shop and coin-operated self-service carwash on the property located approximately mid-way between the new Wal?Mart and Highway 111, adjacent to Adams in the One Eleven La Quinta Center. The lubrication operation is designed as a drive-thru facility with three lubrication bays which are entered from the south and exited to the north. Cars are driven Onto racks and worked on from excavated pits below the cars. No automotive hoists or lifts are utilized. The self-service carwash with four bays is located west of the lubrication bays and attached as part of the same building. The cars enter from the south and exit to the north to the parking area for drying and vacuuming. It will be open 24 hours a day. Both the Planning Commission and the Design Review Board have unanimously approved the application. Council Member McCartney referred to the Environmental Assessment, Item No. 10 relating to risk of upset" and asked why it's checked as a maybe". Mr. Sawa advised that in this type of operation there are some types of materials on the premises that could catch on fire and in the case of gasoline, it could explode. Therefore, there is always a possible risk. He pointed out that the Fire Marshal and County Health have regulations relative to use of these materials, disposal and storage. Council Member McCartney stated that this type of business will generate a great deal of oil and he was concerned that in the conditions we make certain that all adequate measures needed are applied to make sure that these toxic substances do not find their way into the soil and that it's contained in BIB] 01-20-96-U01 11:06:36AM-U01 CCMIN020293-U02 cCity Council Minutes 11 February 2, 1993 every way possible. Mr. Sawa advised that the applicant intends to recycle the oil. He also pointed out that a requirement of the Fire Marshal Condition No. 20) is for proper storage. Council Member Mccartney was concern that if this project goes forward that the City do all it can to insulate itself from any potential suits or matters that might come back to us. Ron Sturgeon, applicant, commented on the concerns expressed by Council advising that California has the toughest requirements in the Country with regard to toxic substances. He noted that used oil is not flammable unless heated to a high temperature. They will use a biodegradable detergent to clean the floors. Mayor Pena stated that he had no problem with the lube operation, but had a concern with the 24-hour, coin-operated carwash. He would not feel comfortable voting for it without seeing his operation in Cathedral City. Council Member Bangerter said she visited his shop in Cathedral City and was impressed with it. It was clean and well-organized. Council Member Sniff supported the application it appears to be a modern, up-to-date operation and was confident it would be run properly. Ms. Honeywell, City Attorney, advised that the only action available to the Council at this time is to affirm the action of the Planning Commission. If the Council wishes to consider it further or consider changing or adding conditions, it needs to be set for hearing. Mayor Pena asked if at some future date, if the City isn't pleased with the operation i.e. hours of operation), could it be called up and reviewed. Ms. Honeywell advised not, unless it's made a condition of the Plot Plan. Council Member Perkins said his only concern is that Sometimes these places become an attraction as a place to hang out' and asked if that became a problem, could the Council review it. Ms. Honeywell recommended that if the Council has some concerns they should set it for hearing where it could review all of the conditions. BIB] 01-20-96-U01 11:06:36AM-U01 CCMIN020293-U02 cCity Council Minutes 12 February 2, 1993 In response to Council Member Bangerter, Mr. Sturgeon advised that the only problem they've had in Cathedral City is with graffiti. Torn Childer2, representing One Eleven La Quinta Center, advised that this is one of four facilities in the Center that deals with petroleum products noting Wal-Mart, Shell and Arco are the others. He pointed Out that they have very stringent C.C.&R's. and closely regulate hazardous substances. Mayor Pena stated that he had no objection to the lube shop, he just didn't want the City to lose control. Given the C.C.&R's of the Center, he felt that the City has a fall-back position in which we can go to the developer and the business to address any problems. Therefore, he would support proceeding with the project. MOTION It was moved by Council Members Sniff/Bangerter to accept the report of Planning Commission Action approving Plot Plan 92-494 subject to the recommended conditions. Motion carried with Council Member McCartney voting NO. MINUTE ORDER NO. 93-34. 10. REVIEW? OF LANDSCAPE DESIGN FOR WASHINGTON ST. CENTER MEDIANS BETWEEN 48TH AVE?E & HIGHLAND PALMS. Mr. Saw a, Principal Planner, advised that plans have been prepared for the center street medians which exist between 48th Avenue and Highland Palms Drive. The plants that are proposed for use in the medians are low-water users and attractive desert-type plantings. The design complies with the draft City guidelines which are presently being developed. The Design Review Board has recommended approval. Mr. Genovese advised that staff will be considering some kind of vine to be planted along walls to discourage graffiti artists. Council Member Sniff expressed concern with the use of date trees and hoped that the medians are going to be wide enough so that the dates won't fall onto the pavement or hit cars. MOTION It was moved by Council Members Sniff/Mccartney to approve the preliminary landscape design for Washington Street medians between 48th Avenue and Highland Palms Drive. MINUTE ORDER NO. 93-35. BIB] 01-20-96-U01 11:06:36AM-U01 CCMIN020293-U02 c City Council Minutes 13 February 2, 1993 11. APPROVAL OF SPECIAL ADVERTISING DEVICES SAD 93-029) FOR THE 1993 BOB HOPE CHRYSLER CLASSIC AT PGA WEST. APPLICANT: DESERT CHARITIES FOUNDATION. Mr. Trousdell, Associate Planner, advised that the Desert Charities Foundation is requesting special advertising devices to be located throughout the City. The signs will advertise and provide directional signage for the Bob Hope Chrysler Classic to be held February 9th 14th. MOTION It was moved by Council Members Sniff/Bangerter that the Special Advertising Devices SAD 93-029) for the 1993 Bob Hope Chrysler Classic be approved. Motion carried unanimously. MINUTE ORDER NO. 93-36. At this time, the agenda was taken out of order. 15. CONSIDERATION OF APPOINTMENT TO COMMUNITY SERVICES COMMISSION. Mrs. Juhola advised that the Community Services Commission currently has a vacancy which will expire June 30, 1993. The Council has before them the eight applications of applicants interviewed in January as well as one received this date from Christopher De Salva. Council proceeded to cast ballots which are on file in the City Clerk's office. MOTION It was moved by Council Members Perkins/Bangerter that a unanimous ballot be cast for Norris Bernard to fill the unexpired term on the Community Services Commission. Motion carried unanimously. MINUTE ORDER NO. 93-37. 16. REVIEW OF VARIOUS COUNCIL COMMITTEE ASSIGNMENTS. Council replaced Council Member Perkins with Council Member Mccartney on the Human & Community Resources Committee of CVAG and replaced Roger Hirdler with Council Member Perkins on the Public Safety Committee and made Roger Hirdler as the staff support person and replaced Council Member Bangerter with Council Member McCartney on the Transportation Committee. Mayor Pena asked for additional information on the Fire Protection Committee and that it be brought back. MOTION It was moved by Council Members Sniff/Bangerter to confirm the appointments to CVAG Committees as outlined. Motion carried unanimously. MINUTE ORDER NO. 93-38. BIB] 01-20-96-U01 11:06:36AM-U01 CCMIN020293-U02 cCity Council Minutes 14 February 2, 1993 17. CONSIDERATION OF ATTENDANCE AT NATIONAL LEAGUE OF CITIES CONFERENCE IN WASHINGTON D. C. MARCH 5-MARCH 9, 1993. Mrs. Juhola advised that Council Member Mccartney and Mayor Pena have indicated a desire to attend the National League of Cities Conference in Washington, D. C. March 5-March 9, 1993. Mrs. Juhola noted that there is also a Transit Conference in Washington, D. C. at the same time, so SunLine Transit Agency has agreed to pay one-half of Mayor Pena's expenses. MOTION It was moved by Council Members Sniff/Bangerter that Council Member McCartney and Mayor Pena be authorized to attend the National League of Cities Conference in Washington, D. C. March 5-March 9, 1993. Motion carried unanimously. MINUTE ORDER NO. 93-39. 18. CONSIDERATION TO REAFFIRM TRAFFIC CIRCULATION PATTERN AT INTERSECTION OF FRED WARING DRIVE AND LAS VISTAS DRIVE. Mayor Pena noted that there has been a request of some residents that this matter be continued for two weeks. MOTION It was moved by Council Members Sniff/McCartney that this matter be continued to February 16, 1993. Motion carried unanimously. MINUTE ORDER NO. 93-40. 19. CONSIDERATION OF RESOLUTION ACCEPTING BOB HOPE CHRYSLER CLASSIC TICKETS. RESOLUTION NO. 93-7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING A GIFT OF TICKETS TO THE BOB HOPE CHRYSLER CLASSIC. It was moved by Council Members Sniff/Bangerter that Resolution No. 93-7 be adopted. Motion carried unanimously. The balance of the Business Session agenda was continued until the 7:00 P.M. meeting. BIB] 01-20-96-U01 11:06:36AM-U01 CCMIN020293-U02 cCity Council Minutes 15 February 2, 1993 CONSENT CALENDAR 1. DEMAND REGISTER DATED FEBRUARY 2, 1993. 2. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR ACQUISITION OF C.V.W.D. PROPERTIES IN THE COVE. 3. ACCEPTANCE OF PHASE IV COVE IMPROVEMENTS ASSESSMENT DISTRICT NO. 91-1 AREA A. 4. APPROVAL OF OVERNIGHT TRAVEL FOR LONNIE DAY TO ATTEND THE SECOND ANNUAL DESIGN/PLAN REVIEW INSTITUTE PROGRAM MARCH 17, 18 AND 19, 1993 IN WHITTIER, CALIFORNIA. S. APPROVAL OF CONTRACT CHANGE ORDER NO.92-12-02 FOR PROJECT 92- 12 CALLE TAMPICO IMPROVEMENTS FOR INSTALLATION OF WATER MAIN FROM BERMUDAS TO EISENHOWER C.V.W.D. REIM:EURSABLE). 6. REJECTION OF GTE TELEPHONE OPERATIONS JuNE 22, 1992 CLAIM. 7 APPROVAL OF COMUUNITY SERVICES COMMISSION AND STAFF ATTENDANCE AT CPRS CONFERENCE. 8. APPROVAL FOR OVERNIGHT TRAVEL FOR PLANNING COMMISSION AND STAFF TO ATTEND THE LEAGUE OF CALIFORNIA CITIES PLANNERS INSTITUTE IN MONTEREY, CALIFORNIA ON MARCH 10, 11 AND 12, 1993. 9. APPROVAL FOR OVERNIGHT TRAVEL FOR ASSISTANT CITY ENGINEER TO ATTEND LEAGUE OF CALIFORNIA CITIES SPONSORED PUBLIC WORKS OFFICERS INSTITUTE CONFERENCE. 10. APPROVAL OF MAINTENANCE AGREEMENT WITH CALTRANS FOR TRAFFIC SIGNAL AT INTERSECTION OF WASHINGTON STREET AND THE ARCO AM/PM MARKET. Council Member Perkins asked that Consent Item No. 10 be removed for discussion. MOTION It was moved by Council Members Snif fiBangerter that the Consent Calendar be approved as recommended with Item No. 10 being removed. Motion carried unanimously. MINUTE ORDER NO. 93-41. Council receBsed until 7:00 P.M. BIB] 01-20-96-U01 11:06:36AM-U01 CCMIN020293-U02 cCity Council Minutes 16 February 2, 1993 PUBLIC COMMENT SCOTT BREITHAUPT, 51-150 Calle Obispo, addressed the Council advising that he and his neighbor are present to express Support for the City in their lawsuit with Mike Hudson. KEVIN MOSER, 51-200 Calle Obispo, also offered Support to the City in the lawsuit with Mike Hudson. Ms. Honeywell, City Attorney, stated that after a review of the Site, both the CVJPIA and the City's Attorney handling the case, feel the Suit is totally groundless. The property more than likely increased in value due to installation of the wall. Therefore, a settlement offer isn't being made at this point. She felt that it will be dismissed very Soon. PUBLIC HEARINGS 1. CONTINUED CONSIDERATION OF ACTIONS RELATING TO APPLICATION SUBMITTED BY EFP CORP. ED CARNES) FOR JEFFERSON SQUARE LOCATED AT THE NORTHWEST CORNER OF HIGHWAY AND JEFFERSON STREET A. SPECIFIC PLAN 92-022 TO ESTABLISH DEVELOPMENT STANDARDS FOR A FUTURE SHOPPING CENTER PROPOSED FOR THE NORTHWEST CORNER OF HIGHWAY 111 AND JEFFERSON STREET. B. PLOT PLAN 92-490 TO DEVELOP A 267,275 SQ. FT. COMMERCIAL SHOPPING CENTER ON A PORTION OF A 23+ ACRES SITE. THE SITE IS VACANT AND ZONED CPS-COMMERCIAL. C. ENVIRONMENTAL DETERMINATION. Mr. Trousdell, Associate Planner, advised that this matter was continued from December 15th due to Some concerns expressed by the Council. The reguest is for an off-price shopping center at the northwest corner of Highway 111 and Jefferson St. The tenants have not yet been specified. He presented the revised elevations and proceeded to review the modifications which have been made by the architect as related in the staff report on file in the City Clerk's office. The Planning Commission has recommended approval of the revised plan. In response to Council Member Perkins, Mr. Trousdell advised that the lining of the storm channel is a condition of C.V.W.D. He added that the applicant may be back in the future to ask for assistance with that cost. Mr. Trousdell advised that Condition No. 8 has been revised to reflect changes in the County's fee policy. BIB] 01-20-96-U01 11:06:36AM-U01 CCMIN020293-U02 c City Council Minutes 17 February 2, 1993 MICHAEL HURST, 31-910 Avenida Olivera, Cathedral City; Architect for the project, advised that they agree with all recommended conditions. THE PUBLIC HEARING WAS OPENED. There being no one wishing to speak the PUBLIC HEARING WAS CLOSED. RESOLUTION NO. 93-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CONCURRING WITH ENVIRONMENTAL ASSESSMENT 92-241 AND APPROVAL OF SPECIFIC PLAN 92-022 AND PLOT PLAN 92-490. CASE NO. SPECIFIC PLAN 92-022 AND PLOT PLAN 92-490 APPLICANT: EFP CORP. ED CARNES). It was moved by Council Members Sniff/McCartney that Resolution No. 93-8 be adopted with an amendment to Condition No. 8. Motion carried unanimously. CONSENT continued 10. APPROVAL OF MAINTENANCE AGREEMENT WITH CALTRANS FOR TRAFFIC SIGNAL AT INTERSECTION OF WASHINGTON STREET AND THE ARCO AM/PM MARKET. In response to Council Member Perkins, Mr. Speer advised that at a cost of $2,000, Caltrans will maintain and make any necessary repairs to the signal on Washington at the Arco Station. It will eventually be tied into the signal at Highway 111 and Washington, which will in-turn be tied into the other signals on Highway 111. Regarding phasing and timing, the City will work jointly with Caltrans. MOTION It was moved by Council Members Perkins/Sniff to approve the maintenance agreement with Caltrans for the traffic signal at Washington and the Arco Station at a cost up to $2,000 and authorize the Mayor to execute same. Motion carried unanimously. MINUTE ORDER NO. 93-42. BUSINESS SESSION.... continued 12. CONSIDERATION OF APPROVAL OF SUGGESTED ACTIONS REGARDING THE INVESThENT COMMITTEE RECOMMENDATIONS. Mr. O'Reilly, Finance Director, presented and reviewed staff's proposals for implementation of the eight 8) recommendations made by the City's Investment Policy Task Force Committee in February 1992 as follows. BIB] 01-20-96-U01 11:06:36AM-U01 CCMIN020293-U02 cCity Council Minutes 18 February 2, 1993 1 a & b Staff recommends that a trust arrangement for custodial services be set-up with Bank of America to safe-keep directed investments on a delivery- versus-payment arrangement. 1 c Comment. Bond reserve funds in certain cases are handled by the trustee bank identified in the bond documents. The bond trust indenture creates a fiduciary responsibility on the part of the bank to safe-keep the bond reserves. The investment instruments purchased with these bond reserves generally must remain in the custody of the trustee bank and its designated safe-keeping department in order to comply with the bond reserve services of this third party custodian. 2 a & b Staff recommends establishment of investment accounts with the investment divisions of three major banks Bank of America, Wells Fargo and Chase Manhattan) to handle directed' investment purchases with delivery of the instruments to a third party safe-keeping account. All verifications and statements will be mailed to the appropriate City staff person. 3 a,b,c Staff suggested an Investment/Finance Committee made up of two Council members, two staff and two representatives from the public; that they meet quarterly, review and make recommendations on investment policy and procedures, review statements and verifications, and report to the Council. The Council and appropriate staff shall retain direct authority over any actions or implementations suggested by the Committee. Council discussion: Mayor Pena felt that the Council and staff should not serve on this Committee. He suggested either three or five at-large" members who are in the financial field. Staff would provide staffing for the Committee. Council Member Sniff felt that there should be five members to provide broader diversity. This should be an independent, public group which reports to the Council, initially on a monthly basis and then on a quarterly basis. Reports should be in writing with verbal comments. He also believed that it should be both an investment/finance committee". Council Member Bangerter agreed that it should be a five- member, independent group. This is a very important Committee BIB] 01-20-96-U01 11:06:36AM-U01 CCMIN020293-U02 cCity Council Minutes 19 February 2, 1993 which should get underway as soon as possible. Council Member Perkins wished to see at least one Council Member as a liaison on the Committee not a member; so that the Council has first-hand information as to what's going on. He supported a five-member committee. Council Member McCartney also agreed with a five-member committee. He liked the idea of an independent committee with an unbiased view and, therefore, did not favor a Council liaison. This could be like a blue-ribbon" panel of people. We should do a good job of looking at criteria for selection of the members so that the members truly represent the best thinking and have high ethics. Regarding residency requirements, Council concurred that they may have to go outside the City to find qualified people, but wished to try first to find La Quinta residents. They also concurred on staggered terms initially. Council asked staff to bring back the details for formation of the Committee at the special meeting on February 9th. 4 a Staff recommends that the Investment Policy be modified to adjust to the needs of the City of La Quinta. 4 b,c,d Staff recommends that the Treasurer's Report be placed on the Consent Calendar as opposed to the Business Session as recommended by the Task Force. Mayor Pena suggested that the first few reports be placed on the agenda as a Business Session item and later move it to the Consent Calendar. 5 Staff recommends that the Committee report to the Council at least quarterly. Council can discuss this in more detail at the next meeting. 6 The positions of Finance Director and Assistant City Manager have already been split. 7 Staff is currently working on a bid process relative to consultants on a City-wide basis. The Committee will be a part of the selection process. 8 Regarding Council education, staff is currently compiling a manual for the Council. Council Member McCartney suggested that a certain time allotment, such as three hours or whatever is appropriate, be BIB] 01-20-96-U01 11:06:36AM-U01 CCMIN020293-U02 cCity Council Minutes 20 February 2, 1993 established for an orientation/briefing of new Council Members. MOTION It was moved by Council Members Bangerter/Sniff to accept the recommendations as outlined and as modified. Motion carried unanimously. MINUTE ORDER NO. 93-43. 12. CONSIDERATION OF APPROVAL TO ADD BANKERS ACCEPTANCES B.A.S.) TO THE CITY OF LA QUINTA' S INVESTMENT POLICY AS A PERMITTED INVESTMENT. Mr. O'Reilly, Finance Director, noted that the City's Investment Policy calls for an annual review of said policy. As a result of that review the addition of Bankers Acceptances is being requested by staff. Bankers Acceptances are a fixed- rate time deposit with a bank that are not only backed by the bank, they are also guaranteed with collateral in the form of bills of exchange for actual hard goods. They fit into the City's criteria for safety and liquidity. Council then reviewed and discussed the Investment Policy and concurred on deleting the paragraph relative to repurchase and reverse repurchase agreements. They also added verbiage that the policy will be reviewed at least quarterly by the Investment/Finance Committee with a report to the Council. Council Member Perkins expressed concern about staff being able to make five-year investments without Council approval and suggested possibly anything over two years should be approved by the Council. Mr. Genovese stated that the problem we run into is with bond reserve funds in which groups will want to buy longer term investments in which we have a portion of a pool. They may purchase a three-year Treasury Note and we're part of the pool. However, the Council can be kept apprised of this kind of issue. MOTION It was moved by Council Members Snif f/Bangerter to add Bankers Acceptances to the Investment Policy; add that the Investment/Finance Committee will review the Investment Policy at least quarterly or as needed; and delete the repurchase and reverse repurchase agreements. Motion carried unanimously. MINUTE ORDER NO. 93-44. BIB] 01-20-96-U01 11:06:36AM-U01 CCMIN020293-U02 cCity Council Minutes 21 February 2, 1993 13. CONSIDERATION OF APPROVAL TO USE BANK OF AMERICA TRUST SERVICES AS INVESThENT CUSTODIAN AND TO ESTABLISH INVESTMENT ACCOUNTS WITH BANK OF AMERICA, WELLS FARGO AND CHASE MANHATTAN. Mr. O'Reilly, Finance Director, advised that this recommendation is pursuant to one of the recommendations of the Investment Policy Task Force Committee. One of the primary recommendations of the Committee was to establish a custodian relationship with a financial institution that will take direction solely from the City and no one else. Staff is recommending that the City set-up such a relationship with Bank of America. One of the benefits of using Bank of America, is it's where we have our checking account and we will not have to worry about doing wire transfers and paying related fees. The Committee also recommended that we open a broker arrangement with one or more brokers or dealers. Staff believes that we are probably more secure dealing with an institution's investment division than with an individual broker. Therefore, staff recommends opening accounts with Bank of America, Wells Fargo and Chase Manhattan. These accounts carry no flat fees or basis points. Council Member Perkins asked if the City has ever thought about loaning money to the banks. For example, a bank may need $50.000 for ten days and they would pay a very good interest rate. The City of Culver City takes in between $800,000 and $1,000,000 annually by loaning money to the banks. Council suggested that the Committee look into that. MOTION It was moved by Council Members Bangerter/Sniff to accept Bank of America for Trust Services as Investment Custodian and to establish investment accounts with Bank of America, Wells Fargo and Chase Manhattan. Motion carried unanimously. MINUTE ORDER NO. 93-45. STUDY SESSION 1. TRANSMITTAL AND DISCUSSION OF BUDGET CALENDAR. Mr. Genovese, Interim City Manager, advised that the budget calendar has been prepared which is similar to last year's, noting that the revenues are updated throughout the process. Staff is asking the Council for some input as to programs they BIB] 01-20-96-U01 11:06:36AM-U01 CCMIN020293-U02 cCity Council Minutes 22 February 2, 1993 wish to see investigated and included in the 1993-94 budget. For example, the graffiti program is something which staff feels is vital and does not plan to cut-back on. However, if this was a program the Council thought unsuccessful or thought of a supplemental program in combination with it, staff can start strategizing as to how to fit it into the budget program. Council Member McCartney a. Wished to see the City pull together all of the environmental regulations and would like to see purchasing standards which might include buying recycled products and may include a 5% premium. Also, a handbook or compliance list indicating all of the City's environmental programs b. He would like to look at how we get communication out to the public and ways in which to reach the kids. We need to extend ourselves to the public and make it easy for them to communicate with the City. A seventh grader suggested a computerized bulletin board. c. Council Member McCartney suggested a monthly balance sheet and a monthly cash flow analysis and in addition to the CIP he wished to see a financial plan. Mayor Pena a. Suggested a P. R. Program in which a person can go to one spot in the City to gain information about the City we may need to look at an agency to help us in dealing with the public and with the media and various agencies. Possibly even sharing in the cost of a lobbyist with all the legislation being handed down. b. He also wished to see the graffiti program expanded into the schools. c. Felt that we also need to look at consultants. Council Member Bangerter a. Wished to see a big-brother" type of program that would go along with some of the things we're doing. She would like to see things like the boxing program considered in the budget and other children's programs. She suggested possibly a Set amount of money set-aside in the budget for these kinds of programs. b. She felt that a pool at Fritz Burns is a big priority and would like to see the maintenance of it considered in the budget. c. She suggested neighborhood meetings where the Council has coffees" periodically. d. She also wished to see art programs for the kids who are not involved in sports. BIB] 01-20-96-U01 11:06:36AM-U01 CCMIN020293-U02 cCity Council Minutes 23 February 2, 1993 Mayor Pena felt that looking at other locations for a pool like at the Boys & Girls Club might be feasible since we're probably looking at year-round schools. Mayor Pena stated that at some time, this City is going to have to decide what kind of Social programs we want to be involved in because they are very costly. Council Member Sniff a. Felt that the Council needs to discuss whether or not to continue the Community Services Grants or if it should be modified. b. Council Member Sniff felt that we need to evaluate the Target Team and determine whether or not it's doing what we want them to do. Council Member Perkins a. Felt that we need to be prepared to tap federal funds as they become available. b. Suggested sending out a post card benchmark-survey to see what the community wants. He advised that the City of Beverly Hills put one out in which they got a 67? return and found that the people were supportive of some assessments. He stated that he has yet to see town-hall meetings work. Ms. Honeywell noted that this next year, the City will be re- negotiating the cable franchise and we might want to think about what we would like to see how we can involve the community in what they want to see in this franchise. Mayor Pena suggested that the survey ask the residents what they are willing to pay for through assessments. Council Member McCartney suggested a benchmark survey and we need to decide what kind of economic image we want to promote for the City. Council Member Perkins suggested that with the comprehensive written staff reports prepared for Council Meetings, that there is no need for a comprehensive verbal report in addition that staff only needs to be present for questions. Council Member Sniff did not favor doing away with verbal reports, but possibly they can be shortened. Council Member McCartney agreed that the meetings need to be streamlined. BIB] 01-20-96-U01 11:06:36AM-U01 CCMIN020293-U02 cCity Council Minutes 24 February 2, 1993 Council Member Bangerter felt that we need to be careful, because the audience needs to know what's going on. Mayor Pena suggested making available, a full Council packet at the meeting for people interested in a particular item. Council Member McCartney suggesting making the packet available to the public the day before the meeting. Council Member Sniff questioned the status of the acquisition of the Co?unity park. Mr. Genovese advised that staff met with the Recreation District about two weeks ago and it was addressed in that meeting Council Member Sniff suggested some kind of an agreement with them to provide a building on some of our park facilities. Council Member Perkins suggested looking to an organization in San Francisco called The Lands for Public Use which works with public agencies in acquiring park lands. Taping corporations for help with public facilities and using their name is something other cities are doing. Council Member Sniff commented that there are needs which have been here for some time with people being promised things that haven't transpired, like the seniors, the Fritz Burns Park. Council Member McCartney suggested finding ways in which to unite the various parts of the City through walking and hiking trails. He also suggested keeping a green belt around the base of the mountains. REPORTS AND INFORMATION ITEMS Mr. erman, Planning Director, advised that the Planning Commission is desirous of their annual joint meeting with the Council. Council concurred on scheduling a joint meeting following the Planning Commissioner's Institute. Council Member Sniff stated that the City needs to develop a basic philosophy i.e., are we pro-business.. how accommodating is the City willing to be in order to make business happen here? He also suggested that either a development fee be imposed for recreational purposes or that the Art in Public Places fee be restructured so that funds are spent for structures that are more practical. BIB] 01-20-96-U01 11:06:36AM-U01 CCMIN020293-U02 cCity Council Minutes 25 February 2, 1993 MAYOR AND COUNCILMEMBER ITEMS 1. CONSIDERATION OF PROPOSAL OF COUNCILMEMBER BANGERTER FOR HOME- ALONE PROGRAM FOR LATCH-KEY CHILDREN. Council Member Bangerter advised that she and staff are looking into a home-alone, hot-line program for latch-key children. It would be a volunteer program in which the seniors would be available for calls from these children who need to talk to someone. Another City which has this program has been contacted and it's very successful in that City. She's talked to Capt. Dye and the City Attorney to begin clarifying what problems we may face. The biggest problem is that the volunteers need to be trained. She believed that the funding is available through a corporation and asked if this is something the Council is willing to support. Mr. Genovese advised that staff is looking for authorization to pursue this idea in depth which will reguire some research. The next step is to send a letter to the corporation which is interested in supporting this program. Council Member Sniff felt that with this program being conducted on City property we need to look into liability. Mr. Honeywell, City Attorney, advised that she and Mr. Cenovese are currently looking at turning the Senior Center program into a separate non-profit corporation that rents the facility from the City and has responsibility for its own programs. Council Member Sniff asked for clarification about turning the Senior Center into a non-profit corporation. Mayor Pena advised that the Senior Center recently obtained their 501(c) status and they are now called The Friends of the La Quinta Senior Center" and they can now accept contributions. The seniors basically mentioned that to us just this week. Council Member Sniff asked if that would put them out from the umbrella of the City and Ms. Honeywell advised not that is solely a fund-raising mechanism. Council concurred on authorizing staff to gather more information for the home-alone, hot-line program. BIB] 01-20-96-U01 11:06:36AM-U01 CCMIN020293-U02 c City Council Minutes 26 February 2, 1993 Council Member McCartney asked for the Council to consider investigating adopting a noise ordinance as it relates to the target range in back of PGA West. He recognized that the range was there before PGA existed. But, there are certain times when the range is open until 10:00 P.M. and it's open seven days a week. There's been numerous complaints especially when the swat-team goes out with M-16's and have practices all day and most of the evening. He felt that it would make some sense to have some guidelines set-up so that the residents are made aware of when there will be high-points like when the swat-team is there. He would like to see what can be done to mitigate the noise and regulate the hours of operation. CLOSED SESSION a. Discussion of on-going litigation pursuant to Government Code Section 54956.9(a) International Treasury Management/Denman Iowa Trust Weber vs City of La Quinta b. Discussion of personnel pursuant to Government Code Section 54957 Recruitment of City Manager. Council reconvened to regular session. MOTION It was moved by Mayor Pena, seconded by Council Member Sniff to approve an amendment to the settlement agreement with Weber/Maselter. Motion carried unanimously. MINUTE ORDER NO. 93- 46. There being no further business, the meeting was adjourned. Res ectfully submitted SAUNDRA L Clerk City of La Quinta California BIB] 01-20-96-U01 11:06:36AM-U01 CCMIN020293-U02