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1993 03 02 CC Minutes LA QUINTA Cfry COUNCIL MINUIES MARCH 2, 1993 Regular meeting of the La Qumta City Council was called to order at 3:00 P.M. by Mayor Pena, followed by the Pledge of Allegiance. PRESENT: Council Members Bangerter, McCar:ney, Perkins, Sniff, Mayor Pena ABSENT: None CONFIRMATION OF AGENDA Ms. Honeywell, City Attorney, asked that on-going litigation involving ITM?Denman and Iowa Trust be added to the Closed Session agenda under Government Code Section 54956.9. Mr. Genovese asked that Consent Items 13 & 14 be removed and added to the Business Session Agenda. Mr. Herman asked that Public Hearings 2 & 3 be removed they will be rescheduled for April 6, 1993. MOTION It was moved by Council Members Sniff/Bangerter to add ITMiDenman and Iowa Trust to the Closed Session Agenda noting that the need to take action arose after the posting of the agenda and that the other changes be made as noted. Motion carried unanimously. APPROVAL OF MINUTES MOTION It was moved by Council Members SnifflBangerter that the Council Minutes of February 2 and February 9, 1993 be approved as submitted. Motion carried unaniniously. ANNOUNCEMENTS None PRESENTATIONS a Mayor Pena presented Lonnie Day with a plaque expressing the City's appreciation for being chosen Employee of the Month" for February. b. Lance Eldred, President of La Quinta Arts Foundation, presented the Council with a framed poster for the 1993 La Quinta Arts Festival. c. Rachel Carriero presented the Council with a plaque expressing appreciation from La Quinta Middle School for the City's support of their after-school sports program". BIB] 01-20-96-U01 11:13:16AM-U01 CCMIN030293-U02 City Council Minutes 2 March 2, 1993 PUBLIC COMMENT SCOTT CADOW, Chairman of the Chamber of Commerce' Mainstreet Marketplace, advised that because of uncertain winter weather conditions, the Mainstreet Market place had to be shut-down. However, they are plarming a series of six, annual events with the first one to be held on April 3, 1993 from 2:00 P.M. 10:00 P.M. He added that they have received contributions from both Colony CableVision and JFK Hospital in excess of $10,000 which will allow them to continue the event through the 1993-94 fiscal year. He expressed appreciation to the City for their support In response to Council Member McCartney, Mr. Cadow advised that each week they were unable to stage the event, they lost $2,000. WRITTEN CORRESPONDENCE a. Letter from Building Industry Association regarding Riverside County Growth Management I'ro gram. Noted and filed. BUSINESS SESSION 1. CONSIDERATION OF AGREEMENT WITH THE BOYS & GIRLS CLUB OF LA QUINTA REGARDING FACILITY LOCATED ON AVENUE 50 AND PARK AVENUE. Mr. Genovese, Interim City Manager, presented a proposed shared use facilities agreement" regarding the Boys & Girls Club facility to be located on Avenue 50 and Park Avenue. They have requested assistance in the amount of $135,500, which is being recommended to come from the Landmark Land Co. reserve fund. He recommended that the agreement be approved along with the requested appropriation. Ms. Honeywell, City Attorney, advised that the attorney for the Boys and Girls Club has approved the agreement as drafted. Mr. Simon, President of the Boys and Girls Club, advised that the Board has approved the agreement. Council Member Sniff suggested including a time-frame in the agreement in which construction is to be completed or the monies would have to be refunded. Mr. Simon advised that the bid has been awarded and the contractor is ready to begin work. Construction is estimated to last between 7-13 months. BIB] 01-20-96-U01 11:13:16AM-U01 CCMIN030293-U02 City Council Minutes 3 March 2, 1993 Mayor Pena suggested an annual review of the agreement and a ten-year option at the end of ten-years. Council concurred on including a ten-year option and time-frame for completion of construction to be within 18-months. MOTION It was moved by Council Members Perkins/Mccartney to approve the Shared Use Facilities Agreement with the Boys and Girls Club as amended and appropriation of $135,500 from the Landmark Reserve Account. Motion carried unanimously. MINUTE ORDER NO. 93-58. 2. CONSIDERATION OF THE FORMATION OF A COMMUNITY FACILITIES DISTRICT FOR VISTA SANTA ROSA. Mrs. LiCalsi, Administrative Analyst, advised that the Council's packet includes the policy guidelines which were adopted by the Council in January 1991. What is before the Council at this time, is only the evaluation of whether or not to create a Community Facilities District for the Vista Santa Rosa Development. The fees to evaluate the process have already been paid by the applicant. In response to Council Member Sniff, Craig Bryant, Applicant, said that they were advised by City Staff to wait until they secured the entitlements before proceeding with the District. Council Member Sniff asked if this action today will commit the City legally, to move forward with the District and Ms. Honeywell, City Attorney advised not. MOTION It was moved by Council Members Sniff/Bangerter to approve the petition requesting institution of proceedings for establishment of a Community Facilities District for Vista Santa Rosa. Motion carried unanimously. MINUTE ORDER NO.93-59. 3. CONSIDERATION OF CLOSURE OF CALLE TAMPICO WEST OF EISENHOWER DRIVE AND OTHER CIRCULATION ISSUES RELATED TO PHASE V IMPROVEMENTS. Council Member Bangerter left the dais and did not participate in this matter due to a conflict of interest. Mr. Speer, Ass't. City Engineer, advised that this matter is being brought to the Council as a result of the Cove Improvement Program. As discovered in the earlier phases, Phase V also contains locations where the reconfiguration of traffic patterns and realignment of streets provide traffic safety benefits and enhance the neighborhood aesthetics. It is proposed that Calle BIB] 01-20-96-U01 11:13:16AM-U01 CCMIN030293-U02 City Council Minutes 4 March 2, 1993 Tampico be closed between Eisenhower and Avenida Carranza. By doing so, five cul-de-sac streets will be created along with an expanded green belt adjacent to the existing bike path. Last Spring, 260 questionnaires were sent to the surrounding property owners of which 138 were sent back and they were 5-1 in favor of closing Tampico. If the Council indicates its support of the proposal, staff and the consultants will begin preparing alternate construction plans. He noted that the matter would have to be processed through the Planning Commission for General Plan compliance and then the Council would have to schedule a public hearing on the vacation of the street. Council Member Sniff noted that last year when this matter was discussed, there was lengthy discussion about the dangerous situation at the intersection of Montezuma and Eisenhower and that it was an integral part of The Village, which we are about to re-visit in the near future. He felt that it's premature to do this, as this area is so inter-connected and inter-reliant, we need to come to a conclusion about The Village. He asked that this matter be continued until there is a meaningful discussion about The Village. Regarding the questionnaire being sent to 260 property owners, he said that there's probably 3,000 homes in the Cove and they were not questioned, so he felt that the questionnaire was prejudiced. He didn't like giving up streets unless there's a very good reason to do so. In response to Council Member Perkins, Mr. Speer advised that we will have to obtain some private property to make the cul-de-sacs, but there would be a land-swap using the vacated right- of-way. Regarding the turning radius, Mr. Speer advised that this proposal has not been submitted to the Fire Department. Council Member Perkins suggested that it be submitted to both Police and Fire for review and cornrnent. Mayor Pena noted that another concern expressed last Spring, was not to close Tamp ico without providing for a controlled intersection on Eisenhower/Montezuma. Mr. Speer presented the Council with a proposed plan for re-aligning the intersection at Eisenhower/Montezuma and the traffic control being planned. In response to Council Member Sniff, Mr. Genovese advised that The Village Specific Plan will be coming to the Council within the next 3-6 months Council Member Sniff asked what would be gained by closing Tampico and Mr. Speer advised it would provide neighborhood enhancement with more green-belt and public parking at the real estate office. Mr. Wilson, 51-030 Herrera, believed that this is a dramatic benefit to the neighborhood. It will create a quieter area; will improve and enlarge the green-belt; gain better traffic control by funneling the traffic onto one street and gain better security because people doing illegal things BIB] 01-20-96-U01 11:13:16AM-U01 CCMIN030293-U02 City Council Minutes 5 March 2, 1993 do not like to get caught in streets they cannot get out of. He felt that the public safety and welfare would be increased by eliminating a through street and five intersections. Bruce Cathcart, P.O. Box 346, La Quinta, owner of the real estate office on Tampico concurred with the previous speaker and advised that there would be increased property values and increased safety. He was strongly in favor of going forward with the engineering as proposed. Roberto Herrera, agreed with the two previous speakers. In response to Council, Mr. Speer noted that the Council can decide not to close Tampico at the time the bid is awarded. MOTION It was moved by Council Members Sniff/Perkins to instruct staff to prepare an alternate set of plans regarding the closure of Calle Tampico west of Eisenhower and other circulation issues related to Phase V Improvements. Motion carried unanimously with Council Member Bangerter not voting. MINUTE ORDER NO.93-60. 4. CONSIDERATION OF APPROVAL OF CIVIC CENTER CONTRACT CHANGE ORDER NO.49- ADA MILLWORK. Mr. Reynolds, Public Works Director, recommended approval of Contract Change Order No. 49 for the Americans with Disabilities Act requirements for millwork changes throughout the Civic Center building to accommodate the handicapped in an amount of $22,073.00. In response to Council Member Perkins, Mr. Reynolds advised that when the building was under design, this Act had not yet been passed. MOTION It was moved by Council Members Sniff/Bangerter to authorize the Interim City Manager to execute Contract Change Order No.49 in an amount not to exceed $22,073.00. Motion carried unanimously. MINUTE ORDER NO.93-61. 5. CONSIDERATION OF RESOLUTION DECLARING THE CITY'S INTENTION TO VACATE WAGON ROAD & AN EASEMENT IN FAVOR OF THE SOUTIIERN PACIFIC LAND COMPANY, 2,600' EAST OF JEFFERSON STREET, SOUTH OF AVENUE 52 AND FIXING A TIME AND PLACE FOR A PUBLIC HEARING FOR STREET VACATION 93-023. APPLICANT: THE KEITH COMPANIES FOR VISTA SANTA ROSA). Mr. Herman, Planning Director, reviewed staff's report advising that adoption of this resolution BIB] 01-20-96-U01 11:13:16AM-U01 CCMIN030293-U02 City Council Minutes 6 March 2, 1993 would set a public hearing on the vacation of the subject road and easement for March 16, 1993. All property owners within 300' will be noticed and a notice will be published. Council Member Sniff wished to see property owners within a larger radius notified. Mr. Herman advised that we do go beyond the legal requirements for projects of a controversial nature. Council Member Perkins wished to see all property owners within 500' notified and leave it to staff's discretion to broaden it with controversial projects. Mayor Pena believed that staff has already been given that latitude. RESOLUTION NO.93-il A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING ITS INThNTION TO VACATE WAGON ROAD A 20- FOOT WIDE PUBLIC EASEMENT) AND A 20-FOOT WIDE PUBLIC EASEMENT IN FAVOR OF THE SOUTHERN PACIFIC LAND COMPANY LOCATED 2,600 FEET EAST OF JEFFERSON STREET AND SOUTH OF 52ND AVENUE AND FIXING A TIME AND PLACE TO HEAR ALL PERSONS INTERESThD OR OBIECTING TO THE PROPOSED VACATION, PROVIDING FOR POSTING PURSUANT TO THE STREET VACATION ACT OF 1941 AS CONTAINED IN SECTION 8300 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA. CASE NO. STREET VACATION 93-023- THE KEITH COMPANIES. It was moved by Council Members Sniff/Bangerter that Resolution No.93-il be adopted as submitted. Motion carried unanimously. 6. CONSIDERATION OF APPOINTMENT TO ART IN PUBLIC PLACES COMMITTEE. Mr. Herman, Planning Director, advised that he has been serving as a voting member of the Art in Public Places Committee as well as providing staff support. He believed that this position would best be filled by a member of the community who could lend more expertise to the Committee and allow the Director to continue as staff support. He noted that if the Council is supportive of this recommendation, that the Municipal Code needs to be amended, which would be brought to the Council at the next meeting. Council concurred that there should be one, at-large member. BIB] 01-20-96-U01 11:13:16AM-U01 CCMIN030293-U02 City Council Minutes 7 March 2, 1993 MOTION It was moved by Council Members Sniff/Perkins to instruct the appropriate City staff to start the amendment process to replace the staff member with a member-at-large on the Arts in Public Places Committee. Motion carried unanimously. MINUTE ORDER NO.93-62. 7. CONSIDERATION OF AMENDMENT TO TIlE MUNICIPAL CODE ADDING CHAPTER 2.70 CREATING AN INVESTMENT ADVISORY BOARD. Mr. Q'Reilly, Finance Director, advised that the Council has received the draft ordinance which takes into account previous Council discussions. Council Member Sniff felt that it would be appropriate to have public interviews and he also believed that the members should receive $50 per meeting. Council Member McCartney believed that $25 is enough that it will cover their expenses, as he didn't think that an additional $25 would get us a different person. He also wished to see annual background checks performed during the term and if they have any significant change in their situation that would affect their opinion on this Committee that they're obligated to reveal it. Mayor Pena concurred that a more extensive conflict statement should be required Ms. Honeywell, City Attorney, advised that we would not be conducting a criminal background check. Staff can verify that everything stated on the application is true. In response to Council Member Bangerter, Mr. O'Reilly advised that the Planning Commissioners receive $50 per meeting; the Community Services Commission $25 and the Design Review Board is not paid. Council concurred on compensation being set at $50 per meeting. MOTION It was moved by Council Members Sniff/Bangerter that Ordinance No.222 be taken up by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO.222 AN ORDINANCE OF TIlE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING CHAPTER 2.70 TO THE MUNICIPAL CODE CREATING AN INVESTMENT ADVISORY BOARD. BIB] 01-20-96-U01 11:13:16AM-U01 CCMIN030293-U02 City Council Minutes 8 March 2, 1993 It was moved by Council Members Sniff/Bangerter that Ordinance No.222 be introduced on first reading amending the $25 per meeting to $50 per meeting. Motion carried by the following vote: AYES: Council Members Bangerter, McCartney, Perkins, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None 8. CONSIDERATION OF APPROVAL TO ACCEPT A GIFT OF GOLF VOUCHERS FROM LANDMARK LAND CO. Mr. Genovese, Interim City Manager, advised that in previous years, Landmark Land Co. has donated golf vouchers to the City for promotional and economic development purposes. This year, they are offering to donate 150 vouchers. Council Member McCartney asked if there's a log indicating who and when these vouchers have been used and Mr. Genovese advised that there is a log that's under the control of the City Manager. Council Member Sniff asked how the vouchers are used and Mayor Pena advised that there are people who come into the City visiting and doing business who call trying to get onto the Landmark Golf Courses. The vouchers are worth anywhere between $75-$175 depending on the season. Council Member Sniff commented on the value of the vouchers and believed that there should be a defined way in which to keep track of them and how they're used. Mr. Genovese advised that he could come back to the Council with a policy and guidelines as to the use of the vouchers. MOTION It was moved by Council Members SnifflMcCartney to continue the matter of the Landmark Golf Vouchers to April 6th. Motion carried unanimously. MINUTE ORDER NO. 93-63. 9. CONSIDERATION OF TRAVEL AND EXPENSE POLICY. Mr. O'Reilly, Finance Director, presented a draft travel and expense policy which takes into account previous Council discussions. Primarily, the changes include removal of any spousal reimbursement; changing the meals reimbursement to not to exceed $75 per day'; personal BIB] 01-20-96-U01 11:13:16AM-U01 CCMIN030293-U02 City Council Minutes 9 March 2, 1993 telephone calls are now limited to $25 per day and the $30 per day for incidental expenses was removed. Council Member McCartney believed that $75 per day for meals is excessive and suggested that it read actual and reasonable costs including reasonable tips and room service" and that the $75 be reduced to $50 per day or removed. Council Member Bangerter also believed that $75 per day is high, but did feel that there should be a not-to-exceed" amount. Mayor Pena felt that everyone is basically reasonable and we certainly don't want to put the cost on the person whose traveling. Many times when you're in a different City, you don't want to venture out of the hotel to find a restaurant; and hotel dining is generally high and higher in some cities than others Therefore, he felt that a cap of $75 is reasonable. Council Member Sniff stated that he could not support anything without a not-to-exceed"limit and felt that $75 is reasonable even though he would rather see a lower limit. Council Member Perkins felt that the not-to-exceed $75 is reasonable, comrnenting that some cities are far more expensive than others and did not expect anyone to have to pay their own way. RESOLUTION NO.93-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE TRAVEL AND EXPENSE POLICY. It was moved by Council Members Sniff/Perkins that Resolution No.93-12 be adopted. Motion carried with Council Members Bangerter and McCartney voting NO. 10. CONSIDERATION OF APPROVAL OF THE 1992-93 FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM. Mr. Genovese, Interim City Manager, noted that there have been two study sessions regarding the prioritization of projects through 1995/96 Capital Improvement Program. He believed that the CIP reflects the Council's direction in setting priorities. He anticipates reviewing this program in January or February of each year. In response to Council Member McCartney regarding the Landscape and Lighting Maintenance District, Dan Miller of Rosenow Spevacek Group, advised that at this point there's not sufficient funds to cover both operations and any additional capital improvement projects. In order to do any additional capital improvement projects and probably to keep pace with the existing BIB] 01-20-96-U01 11:13:16AM-U01 CCMIN030293-U02 City Council Minutes 10 March 2, 1993 operation and maintenance requirements, we're going to have to look at the existing assessments and make some adjustments. In response to Council Member McCartney, Mr. Genovese advised that the City has spent somewhere between $8 and $12 million on streets and Mr. Miller advised that the CIP has identified about $43 million in additional projects. Regarding maintenance of streets, Mr. Genovese advised that we utilize Gas Tax Funds for street maintenance. That budget is currently in the area of $400,000 per year. Currently, we are under-funded, but we have met it in the past by utilizing the reserve that has built up in the Gas Tax Fund. That reserve will be exhausted by the end of this fiscal year. Council Member Mccartney believed that a preventative maintenance program would make sense as it could save dollars in the future. MOTION It was moved by Council Members Perkins/Sniff to adopt the 1992-93 Capital Improvement Program. Motion carried unanirnously. MINUTE ORDER NO.93-64. 11. CONSIDERATION OF RESOLUTION MAKING CERTAIN FINDINGS IN CONNECTION WITH THE AFFORDABLE HOUSING AGREEMENT BY AND AMONG THE LA QUINTA REDEVELOPMENT AGENCY, COACHELLA VALLEY LAND, A CALIFORNIA LIMITED PARTNERSHIP AND WILLIAM J. CUSACK PERTAINING TO PROPERTY LOCATED WITHIN THE PROJECT AREA OF THE LA QUINTA REDEVELOPMENT PROJECT. Mayor Pena and Council Member Bangerter left the dais for this matter due to a conflict of interest. Mr. Genovese, Interim City Manager, advised that at the last meeting of the Redevelopment Agency, the Board approved an agreement with Coachella Valley Land. Adoption of this resolution will allow for the flexibility of housing funds from each project area to be spent in either project area. RESOLUTION NO.93-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA MAKING CERTAIN FINDINGS IN CONNECTION WITH THE AFFORDABLE HOUSING AGREEMENT BY AND AMONG THE LA QUINTA REDEVELOPMENT AGENCY, COACHELLA VALLEY LAND, A CALIFORNIA LIMITED PARTNERSHIP AND WILLIAM J. CUSACK PERTAINING TO PROPERTY LOCATED WITHIN THE PROJECT AREA OF THE LA QUINTA REDEVELOPMENT PROJECT. BIB] 01-20-96-U01 11:13:16AM-U01 CCMIN030293-U02 City Council Minutes 11 March 2, 1993 It was moved by Council Members McCartneylperkins that Resolution No.93-13 be adopted. Motion carried with Mayor Pena and Council Member Bangerter absent. 12. TRANSMITTAL OF TREASURER'S REPORT JANUARY 1993. MOTION It was moved by Council Members SnifflMcCartney to receive and file the Treasurer's Report dated January 1993. Motion carried unanimously. MINUTE ORDER NO. 93-65. CONSENT CALENDAR 1. DEMAND REGISTER DATED MARCH 2, 1993. 2. APPROVAL OF SUPPLEMENTAL SUBDWISION IMPROVEMENT AGREEMENT AND LIEN AGREEMENT FOR TRACT 20052-3 LAGUNA DE LA PAZ, ROGER SNELLENBERGER AND ASSOCIATES, INC. 3. ACCEPTANCE OF PERIMETER LANDSCAPING AND RELEASE OF RELATED SECURITY FOR TRACT 24517- RANCHO OCOTILLO WILLIAMS DEVELOPMENT. 4. ACCEPTANCE OF PERIMETER LANDSCAPING AND RELEASE OF RELATED SECURITY FOR TRACT 25290- RANCHO OCOTILLO WILLIAMS DEVELOPMENT. 5. ACCEPTANCE OF PERIMETER LOT AND BASIN LANDSCAPING AND REDUCTION IN ASSOCIATED SECURITY FOR TRACT 24208- CACTUS FLOWER II, WILLIAMS DEVELOPMENT. 6. AMENDMENT OF WHIThWATERIWASHINGTON STREET BRWGE CONTRACT REGARDING RESURVEY OF ALThRED CHANNEL, CHANNEL SLOPE LINING, AND MODIFICATION OF TRAFFIC SIGNAL. 7. APPROVAL OF CONTRACT CHANGE ORDER NO. 13-B ASSESSMENT DISTRICT 91- 1 AREA B INSTALL ADDITIONAL BLOCK TO WASHINGTON STREET WALL BETWEEN CALLE TAMPICO AND AVENUE 52. 8. ACCEPTANCE OF AVENUE 50 MEDIAN LANDSCAPE IMPROVEMENTS FROM PARK AVENUE TO THE WASH) PROJECT 92-9. 9. ACCEPTANCE OF DRAINAGE EASEMENT FROM AMCOR REALTY FUND III. 10. REJECTION OF CLAIM FROM LOUISE M. MAHIEU DATED JANUARY 15, 1993. BIB] 01-20-96-U01 11:13:16AM-U01 CCMIN030293-U02 City Council Minutes 12 March 2, 1993 11. REJECTION OF CLAIM OF SOUTHERN CALIFORNIA GAS COMPANY. 12. AUTHORIZATION TO CALL FOR BWS FOR TRAFFIC SIGNAL AT CALLE TAMPICO AND WASHINGTON STREET. 13. RECEIVE, APPROVE AND FILE AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED 6/30/92. 14. RECEIVE, APPROVE AND FILE AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED 6/30/92 FOR LA QUINTA FINANCING AUTHORITY. 15. APPROVAL OF CHANGE ORDER FOR DESIGN OF NORTH APPROACH ROAD TO WHITEWATER/WASHINGTON STREET BRIDGE DMJM DESIGN CONTRACT. Council Member Perkins asked if he has a conflict of interest relative to Consent Item No.2 and Ms. Honeywell advised not. MOTION It was moved by Council Members Sniff/Hangerter to approve the Consent Calendar as recommended with the exception of Items 6, 13, 14 & 15. Motion carried unanimously. MINUTE ORDER NO.93-66. Relative to Item No.6, Mrs. Connel, 78-046 Calle Norte, questioned the widening of the bridge on Washington Street in the area of Duna La Quinta and Mayor Pena advised that widening of that bridge is not included in the 5-year Capital Improvement Program. Relative to Item No.15, Mayor Pena questioned the status of the signal phasing at Highway 111/Washington and Mr. Speer advised that the striping plan has been submitted to Caltrans and he is continuing to work with them. Mayor Pena suggested that the Council write a lefler to the District Director requesting immediate attention to the intersection and that an article be placed in the next newsletter. Council concurred. MOTION It was moved by Council Members Sniff/Bangerter to approve Consent Items 6 and 15 as recommended. Motion carried unanimously. MINUTE ORDER NO.93-67. Regarding Items 13 nd 14, Ken AI-Imam, with Conrad & Associates, addressed the Council and reviewed their audit process. He advised that the purpose of an audit is not to search for fraud and is not to give a clean bill of health on the City's financial condition. The purpose is to determine whether or not the statements before the Council contain any material mis- statements which is determined through a series of audit tests established under auditing standards. BIB] 01-20-96-U01 11:13:16AM-U01 CCMIN030293-U02 City Council Miu?es 13 March 2,1993 MOTION It was moved by Council Members Sniff/Bangerter to approve Consent Items 13 and 14 as recommended. Motion carried unanimously. MINUTE ORDER NO.93-68. STUDY SESSION REVIEW AND DISCUSSION OF HOME-ALONE, HOT-LINE PROGRAM. Mr. Hartung, Building and Safety Director, advised that the staff is seeking comments and input from the Council on this program which is designed for the latch-key children. Mayor Pena felt that it's a great program, that it's appropriate and timely. He supported doing whatever we can to help the children of the community. Council Member Bangerter advised that she's received a number of calls from people who are excited about the program and who are willing to help. She felt that the biggest concern is how to handle the liability to prevent as much risk as possible. However, she pointed out that there's a number of things we do which incur risk and felt that this program is worthy of some risk. There have been a number of people contact her who wish to donate time and money. Council Member Sniff referred to the comment in the staff report relative to liability in which it states that the program is to be run by volunteers and is not to be a City-run program and asked for clarification. If this program is going to be run from the Senior Center and we are the umbrella agency for the Senior Center then he felt that we have to assume a major part in this program. If it's going to work, it's going to have to have strong City support and backing. Mr. Hartung said that if it isn't going to be a totally volunteer program, we should take a closer look at the liability issue. Mayor Pena commented that there are a number of activities in the City which are volunteer- based and it probably will initially require some help from the City, but if the Senior Center continues on and becomes a non-profit corporation, they can eventually run the program. Ms. Honeywell assumed that being a City program, we would assume whatever liability exposure there is. Her concern is that we check with the CVJPIA to make sure that it would be covered under the City's policy. Mr. Genovese advised that staff is looking for Council feed-back regarding volunteer program or City-sponsored program," because it will entail how the program is set-up and the types of training that needs to be put in place because we will be at risk versus being a totally volunteer program. BIB] 01-20-96-U01 11:13:16AM-U01 CCMIN030293-U02 City Council Minutes 14 March 2, 1993 Mr. Harung noted that the program in Irvine is a City-sponsored program with a program director with a Masters in Counseling who works 30 hours per week. The volunteers man the phones. Council Member Perkins felt that our program should be patterned after Irvine's in that we should have someone on City staff in charge of the program and use volunteers to man the phones. He was very impressed with the idea and complimented Council Member Bangerter for bringing it up. Council Member McCartney also supported the program and encouraged making it a high- quality program. He suggested that we go to Irvine and view their operation. In response to questions by Council, Mr. Hartung advised that the percentage of calls received in Irvine which are risk-related are very low. Most of the calls are from children who just want someone to talk to. The age group from which most calls are received are from children 7-12 years of age. The 8 and 9 year old girls seem to be making the most number of calls. Council Member Sniff stated that he could not see in the foreseeable future, the Senior Center being self-sufficient, so this program must take place under the City's responsibility. Mr. Hartung noted that ARCO is interested in contributing about $2,500 toward this program. Council Member McCartney suggested looking for additional donations. Council Member Sniff asked what needs to be done to make this program happen. Mr. Hartung advised that we can make it happen his only concern is the liability and training of the volunteers and the coordinator. He believed that the program could be operational by September. Mr. Genovese interjected that the funding and program guidelines will be discussed during the budget process. 2. PRESENTATION OF CONCEPTUAL DEVELOPMENT PLAN FOR THE AREA SOUTH OF CALLE TAMPICO, EAST OF AVENWA BERMUDAS, WEST OF DESERT CLUB DRIVE AND NORTH OF AVENIDA LA FONDA RELATING TO STREET VACATION 93-022. Considered at the 7:00 P.M. session. See Page 18. Council adiourned to Closed Session. BIB] 01-20-96-U01 11:13:16AM-U01 CCMIN030293-U02 City Council Minutes 15 March 2, 1993 CLOSED SESSION a. Discussion of personnel pursuant to Government Code Section 54957 Proposal for City Attorney Services b. Discussion of on-going litigation pursuant to Government Code Section 54956.9 Internation? Treasury Management/Denman Iowa Trust Council recessed until 7:00 P.M. Council reconvened at 7:00 P.M. PUBLIC COMMENT None PUBLIC HEARINGS 1. TENTATIVE TRACT 26444, EXTENSION OF TIME #1 FOR A SINGLE-FAMILY LOT SUBDIVISION ON 32+ ACRES LOCATED ON THE EAST SIDE OF JEFFERSON, SOUTH OF 52ND AVENUE. APPLICANT: LA QUINTA ESTATES PARTNERSHIP. Mr. Herman, Planning Director, advised that La Quinta Estates Partnership has requested a first time-extension. The Planning Commission has reviewed the application and has recommended approval. The PUBLIC HEARING WAS OPEN. There being no one wishing to speak, the PUBLIC HEARING WAS CLOSED. RESOLUTION NO.93-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION FOR TENTATIVE TRACT 26444 TO ALLOW A 98-HOME LOT SUBDIVISION ON APPROXIMATELY 32- ACRE SITE. CASE NO. TT 26444 LA QUINTA ESTATE PARTNERSHIP FIRST EXTENSION OF TIME. It was moved by Council Members Sniff/Bangerter that Resolution No.93-14 be adopted. Motion carried unanimously. BIB] 01-20-96-U01 11:13:16AM-U01 CCMIN030293-U02 City Council Minutes 16 March 2, 1993 2. CHANGE OF ZONE 92-073 EA 92-243) APPLY EQUESTRIAN OVERLAY ZONING DISTRICT DESIGNATION TO EXISTING ZONING DESIGNATIONS IN ORDER TO CREATh TWO NEW DISTRICTS. Removed from the Agenda. 3. ZONING ORDINANCE AMENDMENT 92-029 EA 92-243) TO AMEND CHAPTER 9.117, OVERLAY ZONE FOR EQUESTRIAN USES ON SMALLER LOTS. Removed from the Agenda. 4. RESOLUTION OF TIlE LA QUINTA CITY COUNCIL ADOPTING PROPOSALS, REPROGRAMMING FUNDS AND AUTHOIIIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT YEAR 19 FUNDS. Mr. Baker, Principal Planner, advised that currently, the City has opporunity for receiving about $50,000 in CDBG funds during Year 19. We currently have $433,593 in CDBG funds which have been designated for the Senior Center along with $10,000 for El Progreso del Desierto and $5,000 for the Coachella Valley Child Care Council-East County. Mayor Pena asked if the $10,000 and $5,000 can re-programmed and Mr. Baker advised that he recently received a call from the County advising that they will administer the funds allocated to El Progreso. The $5,000 can be re-programmed. Mayor Pena wished to see the $5,000 re-programmed and be split between the Home-Alone Program and the Boxing Program. Council Member Sniff asked if we can re-program funds to a program that doesn't exist and Mr. Baker advised that we need to have a proposal which can be evaluated to determine if it meets Federal regulations and policies. One of the key items is whether or not at least 50% of the program benefits low-mod income families. Council Member Perkins felt that the top priority should be the Senior Center. The PUBLIC HEARING WAS OPENED. There being no one wishing to speak, the PUBLIC HEARING WAS CLOSED. Council concurred that the $5,000 should be re-programmed to the Senior Center Building Fund. BIB] 01-20-96-U01 11:13:16AM-U01 CCMIN030293-U02 City Council Minutes 17 March 2, 1993 RESOLUTION NO.93-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ADOPTING PROPOSALS, REPROGRAMMING FUNDS, AND AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT YEAR 19 FUNDS. It was moved by Council Members Mccartney/Bangerter to adopt Resolution No.93-15 re- programming the $5,000 from the Coachella Valley Child Care Council-East County to the Senior Center Building Fund and programming the Year 19 Funds to the Senior Center Building Fund. Motion carried unanimously. STUDY SESSION.....continued... 2. PRESENTATION OF CONCEPTUAL DEVELOPMENT PLAN FOR THE AREA SOUTH OF CALLE TAMPICO, EAST OF AVENIDA BERMUDAS, WEST OF DESERT CLUB DRIVE AND NORTH OF AVENIDA LA FONDA RELATING TO STREET VACATION 93-022. Mr. Herman, Planning Director, noted that Public Hearing No.5 relates to this discussion. Tom Childers, 46-100 1/2 Washington St., La Quinta, advised that he is working on a development plan with Eddy Nicholson, who owns most of the property in question. The Specific Plan for The Village seemed to be specific about this six acres being used to create an arts and crafts village using Tlaquepaque in Sedona, Arizona as a model. He presented some photos of Tlaquepaque, which is a development comprised of about 40 shops serving the arts and crafts and restaurants in a Spanish-Colonial style. In California, a similar development would be the Bazaar del Mundo in Old Town, San Diego. He was proposing a similar development built around a central plaza and joined by a series of pedestrian pathways. Parking for 280 vehicles is around the exterior. The center space is 2-story with office spaces on the second floor and retail on the first floor. It also includes a theme restaurant of about 8,600 sq. ft. and 15,000 sq. ft. of two-story residential. He noted that many artiSts want to live near his gallery. This residential complex would consists of both high-market rents and affordable rents and he would probably be working with the City on assistance with the low-mod housing. The question here is if we build it, will anyone come? He believed they would they built it in Sedona and they came. The destination resort visitors to this Valley exceeds the area of Sedona by many-fold and the total number of hotel rooms in Sedona and its environs is approximately equal to the La Quinta Hotel. BIB] 01-20-96-U01 11:13:16AM-U01 CCMIN030293-U02 City Council Minutes 18 March 2, 1993 Council Member Perkins felt that it's a very interesting idea. Council Member Sniff did not believe that the locals" could support this kind of project there needs to be a major draw to bring in people from the outside. It will have to be dynamic and exciting to bring people in due to the competition. He also expressed concern about the level of CityIRDA support that will be requested. Mr. Childers advised that this project will take about $13 million. In response to Council Member Bangerter, Mr. Childers advised that there will be expensive art as well as a low-end consisting of pottery, basket weaving, etc. Ginny Bauer, owner of Ginny Bauer's Coffee House, advised that ever since there was an article in the Desert Sun about her coffee house with the collectibles shop, she has been overwhelmed with business. She encouraged support of Mr. Childers' project. Discussion concluded. 5. STREET VACATION 93-022- A REQUEST TO VACATE AVENIDA BUENA VENTURA & A PUBLIC ALLEY BETWEEN AVENIDA BERMUDAS AND DESERT CLUB DRIVE. APPLICANT: NCR ASSOCIAThS. Mr. Herman, Planning Director, advised that currently, Avenida Buena Ventura is a 50' public street with a 20' alley just north of Avenida La Fonda. The applicant, NCR is proposing to vacate these two streets. The Planning Commission reviewed the consistency finding and recommends approval of the vacations. Conditions of the vacation require some easements to be provided before the vacation is recorded to make sure the applicant continues with the merging of the properties. Also, Engineering is requiring easements to be dedicated prior to recordation. The PUBLIC HEARING WAS OPEN. There being no one wishing to speak, the PUBLIC HEARING WAS CLOSED. RESOLUTION NO.93-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA VACATING AVENIDA BUENA VENTURA A 50-FOOT WIDE PUBLIC STREET) AND A PUBLIC ALLEY BETWEEN AVENIDA BERMUDAS AND DESERT CLUB DRIVE. CASE NO. STREET VACATION 93-022 APPLICANT: NCR ASSOCIATES. BIB] 01-20-96-U01 11:13:16AM-U01 CCMIN030293-U02 City Council Minutes 19 March 2, 1993 It was moved by Council Members Sniff/Bangerter that Resolution No.93-16 be adopted. Motion carried unanimously. 6. CONSIDERATION OF NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT A 92-240), CHANGE OF ZONE 92-072 AND ThNTATIVE TRACT 27613 FOR CHANGE OF ZONE FOR 446 ACRES FROM R1*++10,000 AND R2*20,0OO TO R-2 MULTIPLE FAMILY) AND 19.4 ACRES FROM H-C HILLSIDE CONSERVATION) TO R-2, TO ALLOW SUBDIVISION ON 746+ ACRES FOR 399 RESIDENTIAL UNITS, 18- HOLE GOLF COURSE AND ThNNIS COMPLEX ON PROPERTY LOCATED SOUTH OF 52ND AVE., EAST OF AVENIDA BERMUDAS, AND NORTH OF CORAL REEF MOUNTAINS. APPLICANT: J. BURTON GOLD. MOTION It was moved by Council Members Sniff/Bangerter that the public hearing on application by 3. Burton Gold be continued to April 20, 1993 on request of the applicant. Motion carried unanimously. MINUTE ORDER NO.93-68. Council recessed to Redevelopment Agency and then reconvened. DEPARTMENT REPORTS Finance Department Transmittal of Statement of Financial Position January 1993 Transmittal of Statement of Financial Position January 1993 Financing Authority Mr. Herman, Planning Director Advised that the Design Review Board is requesting a joint study session with the City Council. Advised that the contract with Louis de Martino for the Civic Center art work will be on the next agenda. The Council appointments to the Civic Center Art Purchases during the 1993 Arts Festival will be on the next agenda. Mr. Genovese, Interim City Manager, advised that Spring Clean-Up Day is April 13th. Mr. Speer, Ass't. City Engineer, advised that staff has prepared a report on the process utilized for processing contract change orders which the Council has received. Basically, Mr. Reynolds has indicated that with contracts under $100,000, he's looking for staff-level approval of change orders at BIB] 01-20-96-U01 11:13:16AM-U01 CCMIN030293-U02 City Council Minutes 20 March 2, 1993 a not to exceed 10% of the value of the contract. For contracts over $100,000, he's suggesting that $10,000 be the maximum, which is the number that has been used for a number of years. He believed that inflation has eroded the authority of staff to keep a project going. A large project like the Tampico Widening Project can have equipment on the job that's running more than $1,000 per hour and sometimes it's necessary to keep a project going. Mr. Genovese recommended that under no circumstance, would staff be able to approve change orders that would cause the budget to go beyond its appropriation. Council Member Mccartney questioned the total percentage of contract change orders on the Civic Center taking into account all of the unforeseen changes and staff advised that they would report back on that figure. Council Member Sniff suggested that Council receive a report at the completion of each project indicating the total number and amount of change orders for that project. Council Member McCartney wished to see more up-to-date reports from the Construction Manager for the Civic Center. MAYOR AND COUNCIL MEMBERS ITEMS a. Discussion of utilizing unallocated space within the new Civic Center for community groups to utilize on at-cost basis. Council Member McCartney advised that after placing names at each work station which will be occupied upon moving into the new Civic Center, he's discovered that approximately 1,825 sq. ft. will be empty. He wished to see the space not being used allocated to community groups, i.e., Community Concerts, Historical Society, etc. to make it more of a community center." He also suggested that the Council Chambers be used for pizza and pop and after-school concerts because of the state-of-the-art audio/visual equipment. He encouraged the Council to direct staff to look at utilizing the empty space for different groups he suggested doing a community needs assessment and for staff to report back on how those needs might be met. He thought the Historical Society could put up a display depicting the history of the area and the Arts Foundation could show art-work by the Artist of the Month." Mayor Pena felt that we have to be specific that this would be a temporary use and by no means permanent and that we are not indicating any funding. Council Member Perkins felt that it's a good concept, but was concern that we may be superimposing our thoughts about the building over those who are going to be operating and working in the building. He suggested that instead of trying to re-allocate spaces, that we ask BIB] 01-20-96-U01 11:13:16AM-U01 CCMIN030293-U02 City Council Minutes 21 March 2, 1993 staff to recommend how we can accommodate community groups. If we can make the Civic Center more accessible to the public, then we should. He added that he really didn't care where the Council Offices are located. Council Member Sniff stated that he would prefer to wait until we move in and see how it fits. He was concerned about confusion and people wandering around. Regarding the use of the Council Chambers, he didn't think that food/drink should be allowed there or anyplace in the Civic Center. Council concurred that it will take some time to do the assessment and that it should wait until after move-in. Council Member McCartney also wished to see staff consider storing records off-site. Mrs. Juhola advised that she is looking into micro-filming and optical scanning. Once filmed or scanned, much of the records can be destroyed, but there are many records that must be retained forever. Council Member Sniff felt that there needs to be a determination made on the City Council office spaces and that he would like to have a place to go through his paper-work that is reasonable. CLOSED SESSION... continued... a. Discussion of personnel pursuant to Government Code Section 54957 Proposal for City Attorney Services b. Discussion of on-going litigation pursuant to Government Code Section 54956.9 International Treasury Management/Denman Iowa Trust Council reconvened with no action being taken. There being no further business, the meeting was adjourned. SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California BIB] 01-20-96-U01 11:13:16AM-U01 CCMIN030293-U02