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1993 10 05 CC Minutes LA QUINTA CITY COUNCIL MINUTES OCTOBER 5, 1993 Regular meeting of the La Quinta City Council was called to order at 3:00P.M. by Mayor Pena followed by the Pledge of Allegiance. PRESENT: Council Members Bangerter, McCartney, Perkins, Sniff, Mayor Pena ABSENT: None CONFIRMATION OF AGENDA Mr. Hunt, City Manager, advised that page 24 of the September 21, 1993 Minutes has been revised. MOTION It was moved by Council Members Sniff/Bangerter?Bangerter that revised page 24 of the September 21, 1993 Minutes be added to the agenda, noting that the need to take action arose after the agenda was prepared. Motion carried unanimously. APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/Bangerter that the Minutes of September 21, 1993 be approved as revised. Motion carried unanimously. ANNOUNCEMENTS None PRESENTATIONS Mr. Wolfman, John F. Kennedy Memorial Hospital, presented four medical caches and a reimbursement check in the amount of $2,126. because the cost for the caches was approximately $6,000, not $8,000 as anticipated. These caches will be kept at the Civic Center for use during a disaster, at which time physicians assigned to La Quinta would be dispatched to attend to the needs of the community. He advised that the Cities of Rancho Mirage, Indian Wells, Palm Desert, and also John F. Kennedy Memorial and Eisenhower Hospitals are the only other entities that have these caches. He thanked the Council for supporting this project. BIB] 01-25-96-U01 02:59:11PM-U01 CCMIN100593-U02 City Council Minutes 2 October 5, 1993 Mayor Pena thanked the medical profession at John F. Kennedy Memorial Hospital and Mr. Hirdler, Ass't. Building & Safety Director, for being instrumental in developing the caches and being prepared for a possible disaster. Mayor Pena presented Sharon Kennedy with a plaque expressing the City's appreciation for her service on the Community Services Commission. Mrs. Kennedy thanked Council for recognizing her and stated that she was proud to serve on the Community Services Commission. PUBLIC COMMENT None WRITTeN CORRESPONDENCE a. Letter from All City Drum Line requesting funding. Council Member Sniff was not in favor of this request and felt that a policy needs to be developed outlining the criteria organizations must meet for funding. He felt that organizations requesting funding from the City should have a significant demonstrable value to La Quinta before giving further consideration. Council Member Bangerter concurred that a policy needs to be developed but would like these requests placed on the agenda for consideration until there is a policy in place. Mayor Pena agreed that a policy needs to be developed and stated that with less funding at the State or local levels, worthy organizations will have to start looking to other sources for funding. Council Member Sniff commented that there are Community Services Grants available through the Community Services Commission and organizations needing assistance could be directed to that effort. b. Letter from Community Services Commission regarding appointment to said Commission. Noted and filed. BIB] 01-25-96-U01 02:59:11PM-U01 CCMIN100593-U02 City Council Minutes 3 October 5, 1993 BUSINESS SESSION CONSIDERATION OF REQUEST TO REFUND PRIOR-YEAR LIGHTING AND LANDSCAPE DISTRICT ASSESSMENTS. Mr. O'ReiLLy, Finance Director, advised that Gary Hopkins, owner of a 9.01 acre driving range on Dune Palms Road, has in the past been assessed as commercial acreage, and at the owner's request was assessed on the 1993/94 property tax rolls as golf course acreage which is one-tenth the rate of commercial. He requested that the pn.oryear assessments be recalculated at the golf course rate and that he be refunded the difference, either $3,533.26 or $4,765.80, depending on if Mr. Hopkins owned the property during that time. Staff felt the property was not a true golf course, therefore, was not incorrectly assessed, and that the appropriate time to consider assessment decisions would be at the annual public hearings of the Lighting and Landscape District. In response to Council Member Perkins, Mr. O'Reilly advised that the difference in the dollar amount is because the year 1989-90 had the previous owner 5 name on the County's records, however, Mr. Hopkins claimed that he was the owner of the property at that time. If staff is directed to proceed, they would research it further. Council Member Sniff felt that there needs to be clear definitions and they should be adhered to. He further believed that this is an inappropriate time to deal with an adjustment that should be done during the annual public hearings. Mayor Pena and Council Member Bangerter concurred that the appropriate time to consider this request would be at the annual public hearings. MOTION It was moved by Council Members Sniff/Bangerter that the request of Gary Hopkins be denied at this time and further consideration of assessment amounts should coincide with the annual public hearings. Gary Hopkins, 45-995 Dune Palms Road, reviewed his general taxes and assessments for the Lighting and Landscape District for 1989-90; 1991-92; 1992-93. He commented that the assessments were almost as much as his property taxes which seems to be way out of line. Council Member Perkins requested that these past years' assessments be researched. Motion carried unanimously. MINUTE ORDER NO.93-192. BIB] 01-25-96-U01 02:59:11PM-U01 CCMIN100593-U02 City Council Minutes 4 October 5, 1993 Council Member Sniff requested that staff meet with Mr. Hopkins and review these assessments with him. 2. CONSIDERATION OF REQUEST FOR FUNDING FOR PURCHASE OF BAND UNIFORMS LA QUINTA MIDDLE SCHOOL. Mr. Genovese, Ass't. City Manager, advised that at the September 21, 1993 Council meeting, Ms. Rebecca Moreno requested a donation to purchase new band uniforms so they may participate in concerts and competitions. They are requesting $1,202, which would cover the actual uniform item costs. The appropriation of these funds would be made from the Special Projects Contingency account. Vicki Haas, 53-809 Avenida Madero, advised that the La Quinta Middle School has been open for six years, and since then, the marching band has worn their marching uniforms for concerts and competition. These uniforms are fine for marching in parades, but they are too heavy when competing and performing in concerts. The budget cuts have been extremely hard on the band programs and it is impossible for them to raise enough money for them. In response to Council Member Bangerter, Ms. Haas named the various fundraisers they have throughout the year. She advised that they are very limited in participating in parades because it costs approximately $700 for busing. Council Member Sniff supported this effort, because he felt that it was the City's duty to help the La Quinta school children. Mayor Pena commented that the School District needs to be responsive to the needs of the children and pressure should be placed on local elected officials to put money back into the schools. He supports the schools and the students desiring to be involved in extracurricular activities. Council Member Perkins stated that he, too, was in support of this request. Council Member Bangerter was very supportive of a program such as this, which will also enhance the high school when opened. MOTION It was moved by Council Members Sniff/McCartney to approve the request for $1,202 for the La Quinta Middle School Concert and Marching Band uniforms with the to be appropriated from the Special Projects Contingency Account. Motion carried unanimously. MINUTE ORDER NO.93-193. BIB] 01-25-96-U01 02:59:11PM-U01 CCMIN100593-U02 City Council Minutes 5 October 5, 1993 3. RECONSWERATION OF ALTERNATIVE INTERIM INTERSECTION CONFIGURATIONS AT EISENHOWER DRIVE AND AVENIDA MONTEZUMA. Mayor Pena and Council Member Bangerter abstained due to conflicts of interest and left the dais. Mr. Speer, Ass't City Engineer, proceeded to review four alternatives and the advantages and disadvantages of each, noting that all options are interim only until the permanent improvements are installed around the park. Rick Morris, 51-525 Juarez, requested a 30-day postponement so the residents could create a task force to possibly find a better alternative than those proposed. He expressed deep concern about this project being initiated in the same time frame of the Phase 5 Cove improvement project. These projects would cause great confusion and congestion during construction. Audrey Ostrowsky, P.O. Box 351, asked that Council delay their decision and work with the property owners. In response to Council Member Perkins, Mr. Speer advised that construction would start along Eisenhower in December, after the Mainstreet Marketplace. One-way traffic would not be implemented around the park until late January or early February. Council Member Perkins noted that the time the people are asking for is available through the normal process. Mayor Pro Tem Sniff felt that the proper forum for considering a change to the configuration of the streets would be a public hearing. Ms. Honeywell, City Attorney, advised that if Council would like to implement one of these interim alternatives, an environmental review and Specific Plan Amendment would be required to allow temporary consideration of one-way streets. At which time, the Planning Commission and City Council would have full public hearing process. Council Member McCartney stated that he would like to move in that direction which would also give the public ample time to become involved. He asked that the business owners, residents in the Cove area and those using the park be sent a question-naire asking for their preference. This would help give direction as to what the community desires. BIB] 01-25-96-U01 02:59:11PM-U01 CCMIN100593-U02 City Council Minutes 6 October 5, 1993 MOTION It was moved by Council Members Perkins/McCartney that staff be directed to proceed with the Village Specific Plan Amendment and an environmental documentation and direct staff to do a related survey. Motion carried unanimously with Mayor Pena and Council Member Bangerter absent. MINUTE ORDER NO.93-194. 4. CONSIDERATION OF ALTERNATIVE STREET CIRCULATION CONFIGURATIONS IN THE YUCATAN NEIGHBORHOOD. Mayor Pena and Council Member Bangerter abstained due to conflicts of interest and left the dais. Mr. Speer, Ass't City Engineer, advised that this past August, 1993 the residents of the Yucatan Peninsula submitted a petition requesting cul-de-sacs be installed in their neighborhood. Staff has investigated the constraints and potential for installing the requested cul-de-sacs and five alternatives have been identified. He noted that Alternatives #1 and #2 do not conform with the Municipal Code because of the length of the cul-de-sacs and #5 proposes to leave the Streets in their current configuration as designed in the Phase 5 construction plans. Alternative #4 proposes cul-de-sacs on Juarez and Diaz and a loop system on Rubio and Alvarado It also proposes to construct the access road into the neighborhood through the old Bear Creek Channel bed at Rubio in lieu of Alvarado. Riverside County Fire Department prefers Alternative #3 because it provides better circulation. It proposes that the access be kept at its current location. A loop system would be created on Rubio and Alvarado instead of cul-de-sacs. Paul Quill, 51-245 Avenida Rubio, commented that he is in favor of cul-de-sacing the streets and would like to see Alternative 3 implemented. He was not in favor of Alternative 4 because it would be a detriment to those residents living on Rubio. He presented a sixth alternative for consideration and asked that there not be any further delay. Marshall Brown, 77-400 Calle Yucatan, advised that his home is the only one on Yucatan and moved there because it was a quiet and safe neighborhood for the children. However, more problems are occurring at Bear Creek Wash which is adjacent to his home. For safety and protection reasons, he would like cul-de-sacs installed. He pointed out that there are exceptions to the cul-de-sac requirements throughout La Quinta. Mayor Pro Tem Sniff requested that this problem be brought to the attention of Captain Dye, Sheriff's Department. BIB] 01-25-96-U01 02:59:11PM-U01 CCMIN100593-U02 City Council Minutes 7 October 5, 1993 Monte Sanders, 51-300 Avenida Rubio, commented that most residents living in this area choose to because of its uniqueness. He felt that the City should proceed with the Phase 5 improvements as originally proposed. In response to Mayor Pro Tern Sniff, Mr. Speer advised that it could take approximately three months to complete the process of going through an environmental review and public hearing process with approximately one month delay depending on the timing of Council meetings and input from various agencies. Council Member Perkins was not in favor of substandard cul-de-sacs and expressed his concern about entering into another kind of a phase because he believed that completing the Cove area should be the City's first obligation, then the request can be considered. Council Member McCartney concurred with Council Member Perkins and felt that we should not move forward with this request at this time, although he did favor Alternative 3 because it was the least disruptive and did not create cul-de-sacs. He would like to see Phase 5 completed in a timely basis, as proposed. Mayor Pro Tem Sniff felt comfortable with cul-de-sacing the streets and/or with the loops but was not in favor of substandard cul-de-sacing. Because it was uncertain if there would be a delay longer than one month, he concurred in proceeding with the original Phase 5 project as proposed. MOTION It was moved by Council Members MccartneylPerkins to direct staff to proceed with the project as proposed in the Phase 5 construction plans. Motion carried unanimously with Mayor Pena and Council Member Bangerter absent. MINUTE ORDER NO.93-195. 5. CONSIDERATION OF RECOMMENDATION FROM ART IN PUBLIC PLACES COMMITTEE REGARDING PUBLIC ART AT THE ONE-ELEVEN LA QUINTA CENTER TDC). Mr. Herman, Planning Director, advised that the Art in Public Places Committee recommended placing two sculptures designed by Louis DeMartino at the One Eleven La Quinta Center. One would be located at northeast corner of the Highway 111 and Washington Street intersection and one at the Theme Plaza east of Albertsons. The committee approved allocation of up to $95,000 for these two sculptures and recommended approval of the art work. BIB] 01-25-96-U01 02:59:11PM-U01 CCMIN100593-U02 City Council Minutes 8 October 5, 1993 Cohn Macken, Vice President, Transpacific Development Company, 2377 Crenshaw Blvd., Torrance, California, referred to the staff report noting that the comer of Highway 111 and Washington Street is in an interim condition due to construction in the area. They are requesting that the original art work that of an Indian Maiden be replaced with a much larger and noticeable sculpture, which is in compliance with the current codes. Louis DeMartino, sculptor, addressed the Council advising that he believes the corner of Highway 111 and Washington Street to be an important intersection and he proposes a landmark to depict that corner as an oasis in the desert. Mr. DeMartino then proceeded to present the plans and describe a model to be placed at that intersection which is a pyramidi mountain made of stainless steel which will reflect the mountains and pick up the light during the daytime. There will be a gem embedded in the mountains with lighting around the base which will give the whole thing a floating effect. This sculpture will be placed in an oasis setting with low palm trees and tall grass. The overall size of the sculpture is 32' x 9'6' high. He then presented a model of the sculpture to be placed at the Theme Plaza in front of the cinema which is an 8' concrete setting which is textured to look as if it were quarried from a large stone with the inner surface to be polished. Like the sculpture on the corner, it will, too, have a gem embedded which is 4 1/2' high. Council Member Bangerter commented that she liked the gem in both sculptures. Council Member Mccartney felt that it was important to give both sculptures the quarried effect which would display the warmth of the desert. Council Member Sniff commented that there are four key factors in making the sculpture successful; 1) the majestic look of the sculpture is based on the floating effect; 2) the color of the stone must coincide with the varying diverse colors of the mountains; 3) the lighting for the gem is crucial, especially at night, in order to get all of the colors of the spectrum; and 4) the background must gently compliment the sculpture. The loss of any one of these factors will make the sculpture ineffective. He felt that the pyramid has a simplistic look with an element of complexity. Also, the gems identify with La Quinta and ties both art pieces together. In response to Council Member Sniff, Mr. Macken advised that it will take nine months from the contract date to build the corner sculpture and approximately one year to build the sculpture at the Theme Plaza. Mayor Pena noted that developers pay fees designated for public art in La Quinta. BIB] 01-25-96-U01 02:59:11PM-U01 CCMIN100593-U02 City Council Minutes 9 October 5, 1993 Council Member Perkins concurred that it is essential that the background does not take away from the corner sculpture. MOTION It was moved by Council Members Sniff/Bangerter to approve the recommendation of the Art in Public Places Committee to permit the installation of a sculpture with two pyramid/mountain peaks with a gem instead of the Indian Maiden at the northeast corner of the intersection of Highway 111 and Washington Street; and a larger mountain sculpture with a gem to be installed at the Theme Plaza. In addition, authorize the expenditure of Art in Public Places funds for the art work not to exceed $95,000. Motion carried unanimously. MINUTE ORDER NO.93-196. 6. CONSIDERATION OF ADDENDUM TO WASTE MANAGEMENT RECYCLING CONTRACT: RECYCLING BIN REPLACEMENT. Council Member McCartney abstained due to a conflict of interest and left the dais. Mr. Baker, Principal Planner, advised that the proposed addendum to the City's recycling contract with Waste Management would provide recycling bins free of charge to the residents of La Quinta if they are stolen, damaged, or lost. The estimated cost for replacement of these bins is $1,000 per year, which would be covered by the AH 939 compliance fee adopted by the City Council in July, 1993. In response to Mayor Pena, Kathy Mitchell, Waste Management, advised that single- family residents initially receive three bins and most stolen bins are taken from the homes in ungated communities. She stated that when a bin is reported missing, they ask for their address and advise them to use cardboard boxes. The drivers are instructed to check each property to make sure they do not have more than three bins. If they do, the extra bins are returned to Waste Management. Mayor Pena stated that he has seen some residents with more than three bins in their garages and suggested informing the residents through the newsletter the number of bins they're allowed, and should they have more than three, to contact Waste Management to pick them up. In response to Mayor Pena, Mr. Baker advised that Waste Management would keep track of the number of times a resident receives replacement bins due to theft, loss, or damage. A quarterly report would be sent to the City with the names and addresses of the residents, the number of replacement bins distributed to them, and the cost per bin. BIB] 01-25-96-U01 02:59:11PM-U01 CCMIN100593-U02 City Council Minutes 10 October 5, 1993 MOTION It was moved by Council Members Sniff/Ban gerter to authorize the City Manager to sign the Waste Management contract addendum relating to recycling bin replacement. Motion carried unanimously with Council Member McCartney absent. MINUTE ORDER NO.93-197. 7. CONSIDERATION OF A REQUEST FOR PROPOSALS FOR GENERAL PLAN HOUSING ELEMENT REVISION CONSULTING SERVICES. Mr. Baker, Principal Planner, advised that State Law mandates local General Plan Housing Elements be updated every five years. Staff is requesting that the Council approve the Request for Proposals and authorize staff to proceed with the selection process. MOTION It was moved by Council Members Sniff/Bangerter to approve the Request for Proposals for General Plan Housing Element consultant services, and authorize staff to proceed with the selection process for professional services, the selection panel to include two Council Members. Motion carried unanimously. MIN?? ORDER NO. 93-198. MOTION It was moved by Council Members Sniff/McCartney that Council Member Sniff and Council Member Bangerter be appointed to the Selection Committee. Motion carried unanimously. MINUTE ORDER NO.93-199. 8. CONSIDERATION OF A REQUEST FOR PROPOSALS FOR ZONING ORDINANCE REVISION CONSULTING SERVICES. Mr. Herman, Planning Director, requested Council's approval of the Request for Proposals for consultant services to update the City's Zoning Ordinance, which was adopted by reference at incorporation in 1982. Council also needs to determine Council involvement in the process. MOTION It was moved by Council Members Sniff/Bangerter to approve the Request for Proposals for the Zoning Ordinance update consultant services and authorize staff to proceed with the selection process for professional services, the panel to include two Council Members. Motion carried unanimously. MINUTE ORDER NO.93-200. MOTION It was moved by Council Members Sniff/Bangerter that Mayor Pena and Council Member McCartney be appointed to the Selection Committee. Motion carried unanimously. MINUTE ORDER NO.93-201. BIB] 01-25-96-U01 02:59:11PM-U01 CCMIN100593-U02 City Council Minutes 11 October 5, 1993 9. CONSIDERATION OF APPROVAL OF SPECIAL ADVERTISING DEVICE 93-033 AND CALLE ESTADO STREET CLOSURE REQUEST FOR VILLAGE AT LA QIJINI,A MAINSTREET MARKETPLACE" 1993-1994 SEASON). Mr. Herman, Planning Director, advised that the La Quinta Chamber of Commerce has requested closure of Calle Estado between Avenida Bermudas and Desert Club Drive during the hours of the event and placing temporary signs throughout the City advertising these events. RESOLUTION NO.93-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CAL[FORNIA, AUTHORIZING THE TEMPORARY CLOSURE OF AND NO PARKING ON CALLE ESTADO DURING SPECIAL EVENTS TO BE HELD ON FRIDAY AND/OR SATRRDAY EVENINGS, BEGINNING OCTOBER 22, 1993 ThROUGH MAY 13, 1994 INCLUSIVE VEHICLE CODE 21l01?). It was moved by Council Members Sniff/Bangerter that Resolution No.93-77 be adopted as submitted. Motion carried unanimously. MOTION It was moved by Council Members Sniff/Bangerter to approve Special Advertising Device 93-033 for the Village at La Quinta Mainstreet Marketplace 1993- 1994 Season and a waiver of fees. Motion carried unanimously. MIN'E ORDER NO.93-202. 10. CONSIDERATION OF PROPOSED AMENDMENTS TO TITLE 7 OF THE MUNICIPAL CODE-HISTORICAL PRESERVATION ORDINANCE. Mrs. Mouriquand-Cherry, Associate Planner, advised that staff prepared draft amendments to the existing Historic Preservation Ordinance to allow for the creation of a separate qualified Historic Preservation Commission. These amendments will bring the City Code into compliance with the State Historic Preservation Office requirements for a Certified Local Government. Council Member Sniff commented that he would like to proceed as recommended by staff because he felt it necessary to have a committee with a singular interest in the preservation of the history of the City. Mayor Pena concurred as long as the City remains independent of other agencies which may be involved. BIB] 01-25-96-U01 02:59:11PM-U01 CCMIN100593-U02 City Council Minutes 12 October 5, 1993 MOTION It was moved by Council Members Sniff/McCartney to grant approval to route the draft ordinance for comment and that staff schedule a public hearing before the City Council. Motion carried unanimously. MINUTE ORDER NO.93-203. 11. CONSIDERATION OF TIlE FORMATION OF A SELECTION COMMITTEE TO SELECT A FIRM TO PERFORM BOND ARBITRAGE COMPLIANCE FUNCTIONS. Mr. O'ReilIy, Finance Director, advised that Internal Revenue Service regulations require that all tax-exempt municipal bond issues be subject to arbitrage reporting requirements and guidelines to maintain their tax-exempt status. A Selection Committee must first be formed to start the bid process for the acquisition of arbitrage services pursuant to the City's established consultant service selection procedures. Staff recommended that a member of the Investment Advisory Board, the Finance Director, and an Account Technician be designated as the selection committee. MOTION It was moved by Council Members Sniff/Bangerter to approve the Arbitrage Services Selection Committee comprised of a member of the Investment Advisory Board, the Finance Director, and the Account Technician familiar with City investment procedures and one City Council Member. Motion carried unanimously. MINUTE ORDER NO.93-204. MOTION It was moved by Council Members Bangerter/Mccartney that Council Member Sniff be appointed to the Arbitrage Services Selection Committee. Motion carried unanimously MINUTE ORDER NO.93-205. 12. CONSIDERATION OF RESOLUTION AGREEING TO PARTICIPATE IN THE ALTERNATIVE METHOD FOR DISTRIBUTION OF TAX LEVIES. Mr. O'Reilly, Finance Director, advised that the County of Riverside is proposing an Alternative Tax Distribution Plan Teeter Plan"), which local agencies can agree to participate in. It is a method of tax distribution, which will cause the County to pay 100% of the taxes that are on the tax roll to the taxing districts. In return, the County retains any penalty and interest on the collection of any delinquencies. This Plan could be extremely valuable to the City as a predictable revenue source. An initial buy-out from the County would generate a one-time lump sum payment of all current delinquencies of approximately $55,000 and $86,636 in the Landscape & Lighting fund. BIB] 01-25-96-U01 02:59:11PM-U01 CCMIN100593-U02 City Council Minutes 13 October 5, 1993 In response to Council Member Bangerter, Mr. O'Reilly advised that the benefit of this plan is to immediately receive cash, giving up uncertain future monies. Palm Springs has a large dollar volume of delinquencies which would give them a large amount of potential penalties and interest and Rancho Mirage is not in need of the immediate cash. Council Member Sniff felt that with the amount of money involved, the City should participate in this program. RESOLUTION NO.93-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA MADE PURSUANT TO SECTION 4715 OF THE REVENUE AND TAXATION CODE OF THE STATe OF CALIFORNIA AGREEING TO PARTICIPATe IN THE ALTeRNATIVE METHOD FOR DISTRIBUTION OF TAX LEVIES AND COLLECTIONS AND OF TAX SALE PROCEEDS ADOPTED BY THE COUNTY OF RIVERSiDe. It was moved by Council Members Bangerter?Sniff to adopt Resolution No.93-78 as submitted. Motion carried unanimously. 13. CONSIDERATION OF ADJUSTING BUSINESS LICENSE FEES FOR MAINSTREET MARKETPLACE VENDORS. Mr. O'ReilIy, Finance Director, advised that the La Quinta Chamber of Commerce has requested that the City Council approve a 1993 Business License fee waiver for the participants in the Mainstreet Marketplace. Staff presented two options for Council's consideration and recommended Option No.2, waiving three-quarters of the $15 fee for 1993 resulting in a revenue loss of $563 and charging the full amount for 1994 resulting in total revenue of $937.50. Both Council Member Sniff and Council Member Bangerter concurred with staff's recommendation. MOTION It was moved by Council Members Sniff?McCartney to proceed with Option No.2. Motion carried unanimously. MINUTE ORDER NO.93-206. 14. CONSIDERATION OF MASTER REIMBURSEMENT POLICY. Mr. O'ReilIy, Finance Director, advised that the Master Reimbursement Policy is intended to be a guideline for the creation of reimbursement agreements between developers and future-benefiting property owners. The City has been operating without BIB] 01-25-96-U01 02:59:11PM-U01 CCMIN100593-U02 City Council Minutes 14 October 5, 1993 a policy in this area and certain developers have brought up the issue of what is the City's policy for the creation of specific reimbursement agreements. In response to that, staff has created the proposed guidelines. In response to Council Member Sniff, Ms. Honeywell, City Attorney, advised that she was not involved in the implementation or design of this policy but has thoroughly reviewed it and gave her recommendations to staff. In response to Council Member Bangerter, Ms. Honeywell advised that No.3 under Reimbursement Agreement Upon Approval states that should there be any problem implementing this policy, it would be up to the developer trying to get reimbursement to decide if a lawsuit is filed as to whether to pursue the lawsuit. It gives the City a way to provide an opportunity for the developers and provides due process for anyone to be involved in the formulation of a Reimbursement Agreement. The City would not be placed in a position of having to pay exorbitant legal fees should there be challenges to this particular method of receiving a reimbursement. She stated that when the Development Fee Program is updated, concepts in this policy could be incorporated in the overall development fee. In response to Council Member Sniff, Ms. Honeywell advised that the proposed guidelines have no force in law they simply set out direction to a developer in order to have the City consider a reimbursement agreement. An agreement of this type is only as strong as all parties agree to and the City cannot force this kind of thing upon a developer. In further response to Council Member Sniff, Ms. Honeywell did not see a distinction between policy and guidelines. Mayor Pena asked if the policy would be tied into the Conditions of Approval. Ms. Honeywell explained that when there is a tentative tract map being processed, there may be a provision for the applicant to apply for a Reimbursement Agreement under the then current policy." MOTION It was moved by Council Members Bangerter/McCartney to approve the Master Reimbursement Policy with a review in one-year's time on how this policy is working. Mr. O'Reilly advised that staff could fall back on the formal assessment district process if an agreement cannot be reached by those parties involved through this policy guideline. Motion carried unanimously. MINUTE ORDER NO.93-207. BIB] 01-25-96-U01 02:59:11PM-U01 CCMIN100593-U02 City Council Minutes 15 October 5, 1993 15. DISCUSSION AND CONSIDERATION OF APPOINTMENT TO THE COMMUNITY SERVICES COMMISSION. Mrs. Juhola, City Clerk, advised that as directed by Council, consideration of appointment to fill the Community Services Commission vacant position was placed on the agenda for discussion. A copy of the ordinance creating the Commission was included with the staff report. Council Member Bangerter commented that she wished for the Council to solicit additional applications for the vacancy since it has been some time that interviews were last held. Additionally, she wished to see the Council work closer with the Commission in the areas that they are advising the Council in and working on within the community. They are currently working on a work-plan which has about 30 items and felt that it would be appropriate when it comes before the Council to take a look at and give some clear direction to them as to priorities and the kinds of programs the Council wishes to see along with time-lines. Council Member Sniff felt that there are a number of issues which need to have thought given to in relationship to the Community Services Commission and the suggestion for a Cultural Commission, which the Community Services Commission is currently discussing at Council's direction. He was concerned that we are getting a lot of Commissions and he wasn't totally sure of their roles and responsibilities. The Community Services Commission is currently divided into three committees, one of which would no longer have a function if a Cultural Commission is formed. He felt that a clear definition of the direction we're going is needed before making an appointment to the Community Services Commission. He had no problem with a Cultural Commission, but if it's going to overlap the Community Services Commission and take part of the responsibilities, then a significant review would be necessary. Mayor Pena pointed Out that the role of the Community Services Commission could go in another direction when the Parks and Recreation Director is hired. Council Member Perkins said that when he looks at the Community Services Commission, he asks what they have done relative to the culture of the community and he sees four or five different organizations that are going in different directions without any coordination. He believed that La Quinta's future will depend on the culture of the community. He wasn't happy with the Community Services Commission he doesn't like the division of it into separate committees. He felt that it's very important to have an overall Commission to coordinate the activities of the culture and the future of the culture of La Quinta. A Commission with proper representation from the various aspects of the community involved in cultural activities would be the way to go. BIB] 01-25-96-U01 02:59:11PM-U01 CCMIN100593-U02 City Council Minutes 16 October 5, 1993 Council Member Sniff suggested forming a Cultural Affairs Commission and reconstituting the Community Services Commission to focus on a particular interest rather than taking a diverse approach. Council Member Perkins felt the Community Services Commission should be more people oriented." Mayor Pena commented that the Community Services Commission deserves the opportunity to present their report to Council and then at that time discuss this matter further. Council Member Perkins suggested a Study Session to review the Commissions once the Community Services Commission's report is prepared. Council Member McCartney felt that the needs of the community need to be addressed and if we have two commissions, the Community Services Commission could possibly be dissolved into a human services commission; a parks and recreation commission; or a culture and fine arts. But in any case, he felt that the Council needs to meet with the current participants and get their views and opinions as to what they feel is important because they have come this far and have done a great deal of work for the City and should be included in the process. He supported a study session sometime in November and to delay the appointment to the Community Services Commission until that meeting. Council concurred in delaying the appointment and directed staff to set up a meeting in November to discuss this matter at length. 16. CONSIDERATION OF RESOLUTION IN SUPPORT OF PROPOSITION 172 PURSUANT TO REQUEST FROM RIVERSIDE COUNTY. Mrs. LiCalsi, Personnel & Budget Manager, advised that all cities throughout Riverside County have been asked to support Proposition 172. This proposition on the November ballot would extend the existing half-cent sales tax for public safety services. Council Member Sniff felt that it would be inappropriate for the City to take a stand on this issue. Mayor Pena stated that the Executive Committee of CVAG felt that the County should go to each individual city and that it was inappropriate for CVAG to support it. No action was taken on this matter. BIB] 01-25-96-U01 02:59:11PM-U01 CCMIN100593-U02 City Council Minutes 17 October 5, 1993 17. CONTINUED CONSIDERATION OF DRAFT' POLICY FOR USE OF THE CIVIC CENTER FACILITY. Mrs. LiCalsi, Personnel & Budget Manager, advised that Council has received a report and draft policy for the use of the Civic Center facility which incorporates comments Council has made and direction given to staff on July 6th. The draft policy allows for any non-profit group that serves La Quinta to use the facility at what it costs the City to provide staff, electricity, etc. The cost was determined by taking a staff position of a level that we would expect to be present during the use and multiply that by time-and-a- half and cost figures were obtained from I'D for electricity. In response to Council Member Sniff, Ms. Honeywell, City Attorney, advised that she has received the policy and is comfortable that as presented, it doesn't present a First Amendment problem or other types of problems that could have arisen if drafted in a different way. Mayor Pena referred to First Amendment rights and commented that the City would have no say as to what organizations would be allowed to use the facility as long as they are non-profit and Ms. Honeywell advised that was correct. She added that you cannot look at each individual organization and what they promote in order to decide if they should be allowed use of the facility. Council Member Sniff asked then if all religious groups non-profit) could use the facility and Ms. Honeywell advised that there has been some new case law involving a school in which clubs were allowed to use their facility and, therefore, a religious organization could not be denied the use of the same facility. Mayor Pena noted that the Supreme Court recently ruled that certain religious organizations could have animal sacrifices as part of their free speech and we would have to allow that; and Ms. Honeywell advised that you can do time, place, and manner just as we're restricting food and drink. As long as the rule is applied across the broad, then it's okay. They don't have the right to do any kind of ritual they want, they just have a right to use it in the same way as other non-profits could use it. Mayor Pena preferred to not allow use of the facility noting that when the Civic Center is built out we could have a community room that could be rented out. He felt that providing staff to oversee the use would over-tax staff and would also increase wear and tear on the facility. Council Member Bangerter asked if use could be limited to La Quinta organizations and Ms. Honeywell advised that she could research it. BIB] 01-25-96-U01 02:59:11PM-U01 CCMIN100593-U02 City Council Minutes 18 October 5, 1993 Council Member Sniff felt that this is opening up the City to a significant danger and risk and didn't think it was appropriate. While the facility belongs to the people of the City, Council has certain responsibilities to the people to make sure that the facilities are utilized in a proper fashion. He felt very uncomfortable with this policy. He felt that there are other facilities available for rent in the Valley. Council Member McCartney did not share the fears expressed. He felt that part of the reason we're here is to open ourselves up to the community and to make sure that this facility is available to a diverse group of individuals. He didn't want to send out a message that this building is closed to groups. He wanted to see the City being friendly and open and recognizing diversity. The rules in the policy appear to be fair and reasonable, which is the message we should send out. Council Member Perkins reflected back on a city in which he lived and worked for approximately 30 years. They rented Out the use of the auditorium and Council Chambers and there were never any problems. We have a Civic Center which should be available to organizations and individuals who want to use it whenever possible. He had no problem with the use of the Council Chamber as long as there is a deposit which maybe should be looked at). We should make this a friendly place to the community and organizations. If it gets to the point where we can't handle it or if damage is done, then that issue can be faced at that time. In response to Council Member Perkins, Ms. Honeywell advised that the standards and policy can be revised at any time. Council Member Bangerter felt that many groups and organiza-tions could be eliminated by the insurance requirement. She agreed with the comments made by Council Member Perkins in that this facility should be looked at as a Civic Center.' and not just a City Hall. Mayor Pena felt that the Council Chamber should not be allowed for open use, noting that when the Council/Staff toured other Chambers it was noticed that those cities which allowed use of their Chamber experienced a lot of wear and tear which caused their Chambers to deteriorate rather rapidly. Council Member Perkins had a problem limiting outside use to the Study Session as it only seats 33. He felt that the proposed policy is a good policy. Council Member McCartney concurred. BIB] 01-25-96-U01 02:59:11PM-U01 CCMIN100593-U02 City Council Minutes 19 October 5, 1993 In response to Council Member Bangerter, Mrs. LiCalsi advised that if a group was going to purchase special event insurance through the City, it generally costs about $50 per use. It would depend on the use and the number of people involved. Council agreed that the $100 cleaning deposit was too low and agreed that it should be increased to $200 $500 depending on the use and length of the use. In response to Mayor Pena, Mrs. LiCalsi advised that a staff member will have to be present for the entire time the facility is being used, so the user will be paying $32.00 per hour for the duration of the event. Council then agreed to make the following changes: a. The allowable times of use to be not earlier than 8:00 A.M. b. That water should be added as a beverage beverages not allowed) C. Animals are not allowed except for seeing-eye dogs Discussion ensued as to whether or not organizations should be using the facility for fundraisers and staff to research. Staff was directed to make the modifications discussed and bring back to the Council for consideration. 18 CONSIDERATION OF APPROVAL OF PROGRAM AND BUDGET FOR civic CENTER DEDICATION CEREMONY. Mrs. JuhoLa?, Administrative Services Director, presented a refined program for the Civic Center Dedication and a proposed budget in the amount of $1,675. She noted that Harris and Associates offered to contribute $500 to the cost of this event. She advised that in order to stage this event in front of the flag poles and give sufficient room for the Palm Desert High School Band and for audience seating, staff proposes to close the east- bound lanes of Calle Tampico from 8:30 a.m. until 11:30 a.m. on November 13th. She also pointed out that the Rotary Club changed the unveil-mg f the Kennedy sculpture to the evening of November 13th. Council Member Bangerter comrnented that she would like to see the pocket calendars, bookrnarkers, and balloons given to those who attend. In response to Council Member Sniff, Mrs. Juhola described what the inscription would say on the keepsakes. BIB] 01-25-96-U01 02:59:11PM-U01 CCMIN100593-U02 City Council Minutes 20 October 5, 1993 MOTION It was moved by Council Members Sniff/Bangerter to approve the plan as outlined and the budget request to be funded for $1,175 from the Council's Special Projects Contingency Fund. Motion carried unanimously. MINUTER ORDER NO. 93-208. MOTION It was moved by Council Members Sniff/Bangerter to approve allocation of $580 for the pocket calendars and bookrnarkers from the Council's Special Projects Contingency Fund. Motion carried unanimously. MIN"TE ORDER NO.93-209. 19. TRANSMITTAL OF TREASURER'S REPORT AUGUST 31, 1993. MOTION It was moved by Council Members Sniff/McCartney to receive and file the August 31, 1993 Treasurer's Report. Motion carried unanimously. MINUTE ORDER NO.93-210. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED OCTOBER 5, 1993. 2. ACCEPTANCE OF RETENTION BASIN IMPROVEMENTS AT TRACT 23269-LA QUINTA HIGHLANDS, TRIAD PACIFIC DEVELOPMENT. 3. APPROVAL OF TIME CAPSULE CONTENTS. MOTION It was moved by Council Members Sniff/Perkins to approve the Consent Calendar as recommended. Motion carried unanimously. MINUTE ORDER NO.93- 211. STUDY SESSION None DEPARTMENT REPORTS None BIB] 01-25-96-U01 02:59:11PM-U01 CCMIN100593-U02 * * City Council Minutes 21 October 5, 1993 MAYOR AND COUNCIL MEMBERS ITEMS 1. DISCUSSION AND CONSIDERATION OF PURCHASE OF EMBROIDERED BADGES. Council Member Perkins advised that National Emblem would produce the City Seal in 11 different colors and a royal blue holder for the badges with lettering in white. Six to 11 badges would cost $27.50 each; 11 to 20 badges would cost $25 each. He suggested a pin on the back for the ladies. Mayor Pena preferred the name badge he currently has. Council Member McCartney felt that the badge was too large but could support a down- scaled version. Council Member Perkins stated that the size could be reduced. Council asked that Council Member Perkins and Mrs. Juhola, City Clerk, report back with recommendations on a mid-range size for name badges. PUBLIC HEARINGS None CLOSED SESSION None There being no further business, the meeting was adjourned. SAUND * L. OLA, City Clerk City of La Quinta, California BIB] 01-25-96-U01 02:59:11PM-U01 CCMIN100593-U02