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1992 02 04 CC Minutes LA QUINTA CITY COUNCIL MINUTES FEBRUARY 4, 1992 Regular meeting of the La Quinta City Council was called to order at the hour of 3:00 P.M. by Mayor Pena presiding. PRESENT: Council Members Bohnenberger, Franklin, Rushworth, Sniff, Mayor Pena ABSENT: None CONFIRMATION OF AGENDA Mr. Kiedrowski asked that Consent Item No. 6 be placed on the RDA Agenda as Consent Item No. 2. Council Member Rushworth asked that Business Session No. 7 be discussed in Closed Session, as he believed that there could be discussion which would jeopardize our legal position. A brief discussion ensued with Council concurring that the matter should be discussed in open session and if the Attorney feels that the discussion is going in such a direction as to jeopardize the City's legal position, then the matter can be added to the Closed Session agenda at that time. PRESENTATIONS Mayor Pena presented Danny Johnson, Public Works Superintendent with a plaque naming him Employee of the Month' for the month of January. APPROVAL OF MINUTES of January 21, 1992. Council Member Rushworth questioned the direction given to Simon Plaza, as he believed that they were instructed to go back to the Planning Commission. Mr. Herman advised that a hearing before the Planning Commission has been scheduled. The minutes were approved as submitted upon motion by Council Members Sniff/Franklin and carried unanimously. ANNOUNCEMENTS Buford Crites, Council Member of Palm Desert, representing the Coachella Valley Mountains Conservancy presented a report advising of both the long-term and short-term funding plans of the Conservancy. He stated that it will be known tomorrow, whether or not we will become a part of Governor Wilson's bond issue called Resourceful California'?, in which case, we will stand to gain about $15 million in land acquisition funds. That would be a matching grant from the State, so we would have to find $15 million BIB] 01-29-96-U01 02:30:16PM-U01 CCMIN-U02 02-U02 04-U02 1992-U02 City Council Minutes 2 February 4, 1992 to match it. That can come from a variety of places including the Federal Government. This year, they have over $1 million in land acquisition funds for the Santa Rosa Mtns. National Scenic Area from the Bureau of Land Management. President Bush's proposed budget calls for $6.4 million in Federal funds for this purpose. He noted that the present problem, is short-term funding for operation costS. Council Member Sniff asked if when looking at lands to purchase, are they going to be looking at lands that are highly visual or lands with interesting eco-systems and Mr. Crites advised both. WRITTEN CORRESPONDENCE a. Letter from Audrey Ostrowsky regarding The Village at La Quinta. Noted and filed. b. Letter from Shirley P. McGinty regarding Stuart Enterprises Vista Santa Rosa. Noted and filed. c. Letter from Dolly Cunard?s regarding the proposed Street Fair. Noted and filed. c. Letter from Elaine Franke resigning from the Community Services Commission. Noted and filed. BUSINESS SESSION 1. REVIEW AND CONSIDERATION OF CITY OF LA QUINTA INVESTMENT POLICY. Mr. Genovese advised that the Investment Policy before the Council has been reviewed and discussed with the independent accountants selected by the City Attorney's Office. The Policy addresses the objectives, instruments and criteria for the investment program. In response to Council Member Bohnenberger regarding the report received this afternoon from Kenneth Leventhal and Company, Ms. Honeywell advised that the Leventhal firm had about five oral suggestions as to what should be in any City's accounting investment procedures at the last Closed Session. BIB] 01-29-96-U01 02:30:16PM-U01 CCMIN-U02 02-U02 04-U02 1992-U02 City Council Minutes 3 February 4, 1992 The report before the Council puts those suggestions in writing. Mr. Genovese added that those would be the procedures that would help guide the policy document. He suggested that additional points the Council may wish to consider are as follows: Under Government Agency Issues adding the verbiage Triple A rated and insured institutions only." Under Negotiable Certificates recommended that we subscribe to a service that is utilized by the County of Los Angeles relating to a Finley Rating" which outlines that all Certificates of Deposits the banks or institutions we would invest in would be rated either A, B or better. Under Custody and Safekeeping recommended that brokersi dealers be eliminated. Council Member Franklin asked how this policy differs from current policy and Mr. Genovese advised that the parameters are essentially the same we have been operating under the Government Code. The difference would be in having each of the custody agreements come before the Council. Council Member Franklin strongly recommended that we have outside financial advice when depositing these millions of dollars under safekeeping. Mayor Pena asked if under the procedures, can we require brokers/dealers to submit to background checks and Mr. Genovese believed that would be addressed in the Leventhal document. Mayor Pena suggested that this matter be continued so that the Council can have an opportunity to read the Leventhal report. Council Member Sniff asked what has been our investment policy for the past several years and Mr. Genovese advised that it's pursuant to the Government Code which is in essence, an outline of the proposed policy. Council concurred on continuing this matter in order to review the Leventhal report. MOTION It was moved by Council Members Sniff/Franklin to continue the matter of the Investment Policy to the next meeting. Motion carried unanimously. MINUTE ORDER NO. 92-18. BIB] 01-29-96-U01 02:30:16PM-U01 CCMIN-U02 02-U02 04-U02 1992-U02 City Council Minutes 4 February 4, 1992 2. CONSIDERATION OF APPROVAL OF LEASE WITH BOYS AND GIRLS CLUB FOR PROPERTY LOCATED ON PARK STREET AND 50TH AVENUE. Mr. Kiedrowski advised that he and the Attorney believe that all of the items which have been discussed with the Boys and Girls Club are covered in the agreement. The lease is similar to the one given to the Arts Foundation. They had requested certain kinds of City assistance. This agreement limits financial assistance to basically, waiving of the building permits or municipal permits because they are building on City land. He added that the Planning Department is working on a map which will depict the land being leased and will become a part of the lease. Council Member Sniff asked if there are any legal problems with the agreement and Ms. Honeywell advised not that it sets out all of the appropriate findings which the Council needs to make before they can lease City property. All of the responsibilities for maintenance are on the lessee and also requires them to maintain adequate insurance. Mayor Pena suggested that the rent be increased from $1.00 per month to $2.00 per month. RESOLUTION NO. 92-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, RELATING TO THE DISPOSITION OF THE CITY PROPERTY PURSUANT TO A LEASE TO THE BOYS AND GIRLS CLUB OF COACHELLA VALLEY. It was moved by Council Members Sniff/Bohnenberger that Resolution No. 92-16 be adopted approving the lease as amended changing the terms to $2.00 per month. Motion carried unanimously. 3. CONSIDERATION OF SELECTION OF CONSULTANT FOR WHITEWATERI WASHINGTON BRIDGE WIDENING PROJECT. Mr. Speer, Assistant City Engineer, advised that the Council is being asked for direction for the final selection of a consultant to prepare plans and specifications to widen the whitewater-washington Street bridge. The current budget contains funds to design the project and anticipates funds in next year?s budget to begin construction. Fifty percent of the construction funds will come from CVAG and approximately l0%-20% will come from the State. Staff has proceeded with consultant-selection procedure in November by sending out a Request for Qualifications from which 13 were received. A review committee was formed consisting of Staff, CVAG and the BIB] 01-29-96-U01 02:30:16PM-U01 CCMIN-U02 02-U02 04-U02 1992-U02 City Council Minutes 5 February 4, 1992 County. Indian Wells was also invited, but declined. That Committee narrowed the list down to six. Two of the six did a joint-venture, so five firms were interviewed and was further narrowed to three firms. Because of the new consultant-selection procedures for contracts over $200,000, staff needs additional direction as to how to proceed. Council Member Sniff stated that he would like to see a member from each agency including Council and Staff. MOTION It was moved by Council Members Sniff/Bohnenberger to appoint a Council Member, a CVAG representative; City Staff and a Planning Commissioner for the final selection committee for the Whitewater/Washington Bridge Design Project. Council Member Bohnenberger questioned why a Planning Commissioner and Council Member Sniff stated because they deal with issues that would encompass areas where the bridge is. Additionally, he felt that it's good to reach out and include others in City Government as it gives additional perspective and balance. Mr. Kiedrowski stated that we're hoping that Indian Wells will contribute funds to this bridge and suggested that they be asked to serve. Council Member Sniff amended his motion to extend an invitation to the City of Indian Wells. Council Member Bohnenberger concurred. MOTION CARRIED UNANIMOUSLY. MINUTE ORDER NO. 92-19. MOTION It was moved by Mayor Pena, seconded by Council Member Franklin that Council Member Bohnenberger and Donald Marrs from the Planning Commission be appointed to the Selection Committee. Motion carried unanimously. MINtJTE ORDER NO. 92-20. 4. CONSIDERATION OF AUTHORIZATION TO REQUEST PROPOSALS FOR ARCHITECTURAL DESIGN SERVICES FOR SENIOR CENTER. Mr. Clint Bohlen, Parks and Recreation Manager, advised that in January, Gruen made a presentation of the conceptual design of the Senior Center consisting of 10,000 sq. ft. At that time, Council expressed some concern about the cost. There are $327,000 available in Community Development Block Grant Funds. We are anticipating other CDBG monies within the next two years which will bring that total to $460,000. The Council has also allocated $100,000 for design services and working drawings for the Center. He noted that the contract BIB] 01-29-96-U01 02:30:16PM-U01 CCMIN-U02 02-U02 04-U02 1992-U02 City Council Minutes 6 February 4, 1992 with Gruen & Associates has been fulfilled at this point. Staff is now looking for direction from the Council as to how to proceed. He also noted that the cost of the Center as proposed by Gruen was $220 per sq. ft. He suggested that the Council may wish to set a ceiling for the construction cost. Council Member Franklin advised that she has had occasion to talk to John walling, local architect and he was appalled at the cost of $220 per sq. ft. He stated that he could do it including furniture and fixtures for under $100 per sq. ft. She recommended that we seek proposals from local architects and attempt to cut the per square foot cost and not cut the square feet of the facility. Council concurred that staff should be directed to seek proposals from local architects. In response to Council Member Sniff, Ms. Honeywell stated that there are no legal problems, as the contract with Gruen has been completed. Council Member Sniff stated that he is in support of building the Senior Center and felt that its time to proceed in as short a time frame as possible. He asked if we can target local architects and Ms. Honeywell advised that you can, but noted that you have to be looking for the most qualified. Mr. Kiedrowski advised that staff will bring back a proposal for Council?s review in two weeks and if Council concurs, then it can be submitted to local architects. NOTION It was moved by Council Member Sniff to direct City Staff to proceed immediately with the RFP process for architectural services for a Senior Center design using $1 million total as a commitment of funds so that they will have a sense of direction; also that the design accommodate, with ease, additions in the future, as funds are available and the need is demonstrated. Mayor pena noted that there are people wishing to speak. Council Member Sniff withdrew his motion Harriet Majane, questioned the cost of City Hall per sq. ft. and asked if Gruen is being used as the Architect and questioned a starting date for the Senior Center. Mayor pena advised that Gruen is the Architect, and the building is 31,000 sq. ft. and the total cost is over $6 million. He added that he hoped that within the next eight to nine months the Council will be able to commit to it. BIB] 01-29-96-U01 02:30:16PM-U01 CCMIN-U02 02-U02 04-U02 1992-U02 City Council Minutes 7 February 4, 1992 Helen Gilbert, stated that she's pleased that the Council is considering the Senior Center. She noted that every week, people are being turned away from the Senior Center because of lack of space. Mayor Pena noted that it has always been the intent of the Council to build a Senior Center the Council was just concerned with the cost which were presented to the Council in January. Dottie Becker, questioned what is available for the Senior Center and asked if they could have an accounting. Staff gave her a copy of the staff's report). She further advised that there is a concern about the donated funds and where that money is going. Mr. Bohlen advised that in June 1991, staff established an account specifically for the Senior Center, so there is an accounting of those funds. At this time, there's approximately $l,200-$l,300 in that fund. Mrs. Majane stated that there's about $6,000 per month in donated funds and asked where that's going. Mrs. Juhola advised that there is a variety of donations most of them are going into the General Fund, including the Outreach monies. Only those donations that are designated for the Furniture and Fixtures Fund are going into the designated account. She further clarified, that the City has budgeted $6,000 for this fiscal year for Senior Center revenue, which includes the Outreach monies. She then added that the only other monies she's aware of are funds which are not in the City coffers at this time, i.e., Soroptimist has close to $4,000 that they're holding; the Rotary Club also has funds they're holding; and Bev Montgomery has control of an account with about $1,300. Mayor Pena suggested that a committee with the City Clerk and the Senior Center Coordinator be formed to review the Senior Center funds. Ed Donatelli, stated that he's been going to the Center for three years and expressed his appreciation for Council's support and hoped that the City will be proceeding with a building in six to eight months and supported the formation of a committee to review the finances of the Senior Center. Grace Mulcahy, stated that she understood there would be a separate fund for furniture and fixtures and that it would not be touched by the General Fund or anything else. They were told that at the last potluck. hen her husband died last BIB] 01-29-96-U01 02:30:16PM-U01 CCMIN-U02 02-U02 04-U02 1992-U02 City Council Minutes 8 February 4, 1992 month, she asked for donations to the furniture and fixtures fund in lieu of flowers and now she's wondering where those funds went. She asked if there is such a thing as a furniture and fixtures fund" and Mayor Pena advised that there is. Council Member Bohnenberger asked for an accounting by the next Council meeting and Mayor Pena advised that there will also be a meeting of a committee by the next meeting consisting of himself, Mrs. Smith, Mrs. Juhola and Mr. Bohlen. MOTION It was moved by Council Members Sniff/Bohnenberger that staff be directed to proceed immediately with the RFP process for Architectural services for the Senior Center design using $1 million as a commitment of funds and further that the design be in such a fashion that it will accommodate future additions as need and funds are demonstrated. Council Member Franklin asked for clarification if the $1 million is a design fund commitment or a building fund commitment and Council Member Sniff stated that it's a building fund commitment. Council Member Bohnenberger asked if it can be called a design constraint and Council concurred. Motion carried unanimously. MINUTE ORDER NO. 91-21. Mayor Pena advised that he would serve on the committee to review the finances with Council Member Sniff as the alternate. 5. DISCUSSION OF AUTHORIZATION FOR REQUEST FOR PROPOSALS FOR LANDSCAPING FESTIVAL GROUNDS ADJACENT TO THE LA QUINTA CIVIC CENTER. Mr. Kiedrowski stated that in the past, there have been discussions about having the Arts Festival grounds on the Civic Center Site, so staff is now looking for direction as to whether or not the Council wishes to proceed with an RFP to hire or put someone on staff to design both, permanent and temporary landscaping of the rest of the site. If we do nothing, the City Hall will be finished in about a year and the winds that come up will create a dust situation in time. Council Member Franklin felt that it's important to seek proposals from local landscape architects, because landscape architects from outside the area don't have an understanding of the needs here in the Desert. BIB] 01-29-96-U01 02:30:16PM-U01 CCMIN-U02 02-U02 04-U02 1992-U02 City Council Minutes 9 February 4, 1992 MOTION It was moved by Council Members sniff/Bohnenberger to authorize staff to request proposals for landscaping the Arts Festival grounds adjacent to the Civic Center. Motion carried unanimously. MINUTE ORDER NO. 92-22. 6. CONSIDERATION OF APPROVAL OF CONTRACT CHANGE ORDER NO. 3-B ASSESSMENT DISTRICT 91-1 AREA B" MODIFICATION OF WING WALLS AND CONSTRUCTION OF OUT-FALL STRUCTURE AT LA FONDA STORM DRAIN CHANNEL). Mr. Reynolds advised that once under Construction, it was discovered, that the head walls at the crossings on La Fonda were designed too low and have to be raised, which we are doing as part of this change order. Also, the trench ditch dumped into the ditch that runs along Rondo at a right angle and there could be chances for erosion unless we put in some slope protection. Therefore, he recommended that the change be approved to construct the outfall structure and the wing walls. In response to Mayor Pena, Mr. Reynolds advised that we do have a Master Drainage Plan, which has never been adopted by the City Council. Mayor Pena advised that he has been asked by some of the residents about the ditch and questioned what the plans are. Mr. Reynolds advised that he's meeting with some of the residents on Friday. He noted that this is Phase I of a two phase project. The ultimate product will be a set of pipes in that ditch which will then be filled so there's a very gentle swail down the middle of La Fonda. He hoped that next fiscal year this project will be completed. MOTION It was moved by Council Members Sniff/Bohnenberger to approve Assessment District 91-1, Area B" Change Order No. 3- B and the allocation of additional RDA funds in the amount of $14,500. Motion carried unanimously. MINUTE ORDER NO. 92-23. 7. DISCUSSION AND APPOINTMENT OF CITIZENS ADVISORY COMMITTEE FOR RECOMMENDATIONS AS TO CITY'S FINANCIAL PROCEDURES. Council Member Rushworth did not believe there's a need for this Committee, as we have a reputable accounting firm to do a high level job on this. He did not know where he could find two people who would be more qualified to do what they're doing now. Council Member Bohnenberger questioned the purpose of the committee the end product. BIB] 01-29-96-U01 02:30:16PM-U01 CCMIN-U02 02-U02 04-U02 1992-U02 City Council MinuteS 10 February 4, 1992 Mayor pena responded that his understanding is that a citizens committee would review our policies and procedures as they relate to investments particularly with ITM. There's a lot of rumors and this committee would give us an independent, unbiased view of what went on. Council Member Bohnenberger asked how this would differ from what Leventhal has been asked to do and Mayor pena stated that it involves the citizens of the community whose money it was and will give us an unbiased view. Council Member Bohnenberger asked if a citizens advisory group could be given information that would not impact the litigation because they could not operate behind closed doors. Council Member Franklin stated that we've suffered a great financial loss the extent of which is not yet known and this scam has brought to light a weakness in our fiscal accountability. In order to deal with the issue, she proposed that a citizens task force be formed to provide an unbiased examination of the circumstances surrounding our past investment procedures. She felt that it's time to disclose to the public what happened to their money, which was discussed in the last Closed Session with Atty. Yeager. There is a need to revive public confidence in Council and Staff. During the past few weeks, she's received over 75 phone calls from worried constituents with many rumors. She believed that this task force will help to restore the public confidence. She would like to see each Council Member make two appointments using the following guidelines: No former City Council Members, planning Commissioners, Community Service Commissioners or persons with present or past contracts with the City. Any unfilled appointments should be filled by the Mayor. persons selected should have managerial or administrative experience. Would like to see them meet as a body and select a Chairperson and begin their activities as soon as possible. All meetings should be noticed in advance and all meetings conducted in public, but without solicitation of public input. In a time deemed appropriate, the task force should make a report to the Council detailing its conclusions and findings. She added that her integrity has been impugned and people believe that she and staff are a part of where the money is and she didn't think she could hide behind litigation. She felt that a lot of the information we have can be made BIB] 01-29-96-U01 02:30:16PM-U01 CCMIN-U02 02-U02 04-U02 1992-U02 City COuncil Minutes 11 February 4, 1992 available to the task force. She proposed a widely-advertised public session when the final report is made where questions can be answered. Council Member Bohnenberger stated that his concern is the release of information into the public forum at this time that could be crucial to the outcome of current court cases to determine the final outcome of the funds. The City Attorney has been asked to hire an independent accounting firm to review our internal procedures, to investigate what happened, and to make recommendations to the Council as to what can be done in the future to avoid this situation from happening again. Some of that material is in front of the Council in the form of the policies and procedures. He had no problems, that Once this firm has completed its internal look, with making it available to the public information that would not jeopardize any court case pending. He agreed that there is a need to get information Out to the public so they can understand that there has been no wrong-doing on the part of the Council or Staff. He felt that is evident by the fact that many other agencies were involved. Some of the best management people in this State got taken into this scam and he was sure that there was no wrong-doing on the part of our staff. He agreed that we need to get information out to the people, but we need to take care to assure that we don't do anything to jeopardize the law suit. Council Member Franklin stated that based upon the conversations she's had with several people on the phone, the sanctity of the Closed Sessions has been broken. She agreed that we don't need to put ourselves forward to any liability, but when you've got bond funds missing, you've got potential litigation. Mayor Pena stated that an example is today, when the Council has had policies and procedures presented to them, that they are not qualified to evaluate. This will give us further input into the policies and procedures that we're about to develop as to how we invest our funds. He would like to see what other cities have done and what private individuals do and believed that there's plenty of people out there qualified in investments to give the Council some good advice. He also agreed that the Council's integrity and competence has been questioned and would like an independent group confirm what has been done. MOTION It was moved by Council Member Sniff that the Council form an Investment Policy Task Force Committee to examine past and current City investment policies, particularly in regard to the Steven Wymer/ITM situation. The Committee shall be composed of ten members, with each City Council Member making BIB] 01-29-96-U01 02:30:16PM-U01 CCMIN-U02 02-U02 04-U02 1992-U02 City Council MinuteS 12 February 4, 1992 two appointments. No former or current City official or their spouses may be appointed. The Committee shall have an initial budget of $5,000 from the Contingency Funds. The Committee shall hold its first meeting within ten days of this date. The Committee shall organize itself with a Chairman and a Vice Chairman. The Committee shall meet on a regular basis under Robert's Rules of Order Revised. The Committee shall observe all legalities and shall conduct testimony and deliberation in an open session. The City Attorney shall attend all meetings to provide legal advice as appropriate. The City Staff is directed to cooperate fully with the Committee. The term of the Committee shall be sixty days unless extended by the City Council. The Committee shall receive testimony from those people and entities they deem appropriate, further, the Committee shall have all necessary and reasonable staff support under the City Clerk's direction. Lastly, the Investment policy Task Force Committee shall produce a written report supported by verbal comments as deemed appropriate as to their findings regarding La Quinta's investment policies and procedures beginning with the involvement with the Steven Wymer/ITM?Denman, et al as well as recommendations for changes in our future investment strategies, policies and procedures with safety, liquidity and yield, the principal criteria, in that order. The report shall be presented directly to the La Quinta City Council within sixty days. Additionally, the Mayor will make appointments to fill any vacancies. Council Member Bohnenberger questioned the qualifications for this committee and Council Member Franklin recommended managerial, financial, administrative or accounting background. Council Member Sniff felt that those could be considered guidelines, but that it should be left up to each individual Council Member to select the people they feel would be most beneficial to the committee. Motion was seconded by Council Member Franklin. Council Member Bohnenberger said that the people he would consider to be qualified would be CPA's or accountants and this is a very bad time of year to ask them to serve on a committee and questioned the rationale of asking a businessman who has little or no experience in public finance as opposed to having specialists who do public accounting for public agencies. Council Member Rushworth didn't understand why we're investing in this high-priced accounting firm if we're asking this committee to do the same thing. He didn't see why we can't use a report from them to present to the public. He BIB] 01-29-96-U01 02:30:16PM-U01 CCMIN-U02 02-U02 04-U02 1992-U02 City Council Minutes 13 February 4, 1992 understood the need to get information out to the public, but did not understand this duplication of effort. Mayor Pena stated that there may be some duplication of effort, but he believed that there needs to be some degree of public review and public scrutiny because he didn't want the public to think that the City is hiding behind litigation. He stated that we've always been in the forefront we were the first City to sue and the first City to call a press conference. This Council has always been up-front with its citizens and have always involved the citizens in the decision making process. Fred Wolff, 77-227 Ensenada, stated that this committee smells like a witch-hunt and questioned why former officials are being excluded from the Committee. Normally, when committees are set-up, they look for people who have been involved in the past. If the City is clean and they know it's clean why go to the trouble of setting up such a committee. He suggested that the past be buried, inform the public as to what's happened in the past and the Council and Staff work together again. Robert Metkus, 79-295 N. Sunset Ridge, questioned why the City didn't go public in November and say that there was a problem, because lay people knew something was happening, but didn't know to what degree and we may not have these rumors today. He has not heard of where the City Council or Mayor has made a statement openly to the press. He felt that forming a committee at this time is like closing the door after the horse is out. Mayor Pena advised Mr. Metkus that the City of La Quinta was the first City to go public and call a press conference to let the people know as much as we knew at the time. All of the media attended that press conference. Ms. Honeywell added that nothing was known in November, this matter didn't come to light until December 15th. Judy Vossler Woodard, 46-555 Cameo Palms Dr., suggested a committee consisting of a group citizens of maybe more than ten functioning in a public relations role. She knew of no local citizens that have the kind of time we're going to need for sixty days. Mayor Pena felt that this proposed committee could also function in that role. Council Member Bohnenberger suggested that we let the accounting firm continue to do what they're doing and if we appoint a citizens group, the accounting firm can bring to BIB] 01-29-96-U01 02:30:16PM-U01 CCMIN-U02 02-U02 04-U02 1992-U02 City Council Minutes 14 February 4, 1992 that group, their findings that are not privileged information They could also review the proposed investment policy and make recommendations, again, working with the accounting firm and review what happened in the past based upon a report from the accountants. They, then could function in a public relations role. Mayor pena wished to clarify that this is not a witch-hunt and no one is out to get" anyone. What we're trying to do is find out exactly what happened. Council Member Rushworth said that he could support a public realtions type of committee. In response to Council Member Bohnenberger regarding the exclusion of past officials, Council Member Franklin stated that there are too many personal relationships and biases. personal relationships oftentimes do not allow for objectivity. Council Member Sniff noted that the accountants are not doing this work, so that is a false issue they were not hired to do the work here, they are representing us elsewhere. They came in and made a superficial look at the City and then went on. Ms. Honeywell interjected that the accounting firm is doing support services directly related to the litigation. Council Member Bohnenberger suggested that their scope of services be expanded. Council Member Sniff was asked to restate the motion. Council Member Bohnenberger stated that he still was not clear as to what they are expected to do and what support is expected to be provided to them and who that support is to be and whether or not you're going to be making public, information that should be made public at this time due to the current litigation. Ms. Honeywell noted that she will be attending all of the meetings and most of the information which will be requested, will be public information. She felt that it will have to be taken step-by-step. She will not be releasing any information that they consider to be sensitive to the litigation without first reviewing it with the City Council. MOTION CARRIED WITH COUNCIL ME?BERS BOHNENBERGER AND RUSHWORTH VOTING NO. MINUTE ORDER NO. 92-24. BIB] 01-29-96-U01 02:30:16PM-U01 CCMIN-U02 02-U02 04-U02 1992-U02 City Council Minutes 15 February 4, 1992 Council Member Rushworth wished for the record to show that he was violently opposed to the restrictions placed on the appointees. Council Member Bohnenberger wished for the record to note that he did not receive an answer to his questions as far as what staff or outside support will be provided to this Committee. 8. APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH CVAG REGARDING THE CITY'S AB2766 MOTOR VEHICLE REGISTRATION FEES. Mr. Kiedrowski advised that Palm Desert, Indio, Desert Hot springs and the County have decided to participate and Coachella, Rancho Mirage, Indian Wells and Palm springs have indicated that they will participate and Cathedral City has indicated that they will reconsider their previous decision not to participate. Mr. Cleveland has also noted that if they fall short of the funds necessary to make the match, they will be coming back before the Council for additional funds. Mr. Kiedrowski added that La Quinta will receive $9,400 under this Bill, and we would allocate about $3,137 to CVAG under this Memorandum of Understanding. Ms. Honeywell advised that this action is not inconsistent with previous actions it's merely a policy question. MOTION It was moved by Council Members Sniff/Franklin to approve the Memorandum of Understanding regarding the City's AB 2766 Motor Vehicle Registration Fees allocating $3,137 of those fees to CVAG. Motion carried unanimously. MINUTE ORDER NO. 92-25. 9. CONSIDERATION OF TRAFFIC CONTROL MEASURES ON CALLE TAMPICO AND PARK AVENUE. Mr. Speer advised that the Technical Traffic Committee met on January 8th to discuss complaints which have been received regarding traffic on Tampico and Park. The issues of speeding and the 90-degree turn were discussed. Previously, last fall, the Committee had decided not to recommend a stop sign at Calle Rondo and since no new data was available, the Committee considered a more comprehensive solution to implement a more reasonable and safe speed limit on these streets. In order to review the speed, a survey and engineering study must be conducted. A survey was conducted, which found that the highest speed on that particular day was 50 mph 85% of the cars clocked were doing 44 mph or less. Based upon that, the speed would be recommended to be set at 40 mph unless there BIB] 01-29-96-U01 02:30:16PM-U01 CCMIN-U02 02-U02 04-U02 1992-U02 City Council Minutes 16 February 4, 1992 are special considerations, which do exist since it is a safe route to school and there is a site distance problem at Bajada and Painted Cove subdivisions, the 90-degree turn and the reverse curb at Painted Cove are designed for a 35 mph speed. Therefore, the recommendations are 1) that the speed be set at 35 mph; 2) that the arrow board at the 90-degree turn be taken down and chevron signs be installed. Council Member Sniff suggested that the engineering of that corner be looked at, as it seems that it slopes away from you rather than being banked. MOTION It was moved by Council Members Bohnenberger/Sniff to approve the recommendations of staff and the Technical Traffic Committee and that staff look at the engineering of that corner and come back with some recommendations. Motion carried unanimously. MINUTE ORDER NO. 92-26. 10. CONSIDERATION OF CIVIC CENTER ART PURCHASE AWARD. Mr. Kiedrowski advised that in the past the Council has appointed two of themselves to set with the Art in Public Places Committee to decide what art will be purchased at the La Quinta Arts Festival. Last year, the Committee found art that was slightly above the allocated $5,000 and so this year, they're asking for a 10% leeway. MOTION It was moved by Council Members Sniff/Franklin that Council Members Bohnenberger and Rushworth serve on the committee this year and to approve the 10% leeway. Motion carried with Council Member Bohnenberger ABSTAINING. MINUTE ORDER NO. 92-27. 11. RECONSIDERATION AND DISCUSSION OF TEMPORARY STREET CLOSURE FOR 1992 LA QUINTA ARTS FESTIVAL. Mr. Hartung advised that Council has received a revised resolution which leaves Montezuma in front of Isabella's Florist completely opened in both directions. RESOLUTION NO. 92-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, FOR THE TEMPORARY CLOSURE OF AVENIDA MONTEZUMA AND AVENIDA MENDOZA DURING A SPECIAL EVENT TO BE HELD MARCH 10 THROUGH MARCH 22, 1992 INCLUSIVE. BIB] 01-29-96-U01 02:30:16PM-U01 CCMIN-U02 02-U02 04-U02 1992-U02 City Council Minutes 17 February 4, 1992 It was moved by Council Members Bohnenberger/Rushworth that Resolution No. 92-17 be adopted. Motion carried unanimously. 12. SECOND READING OF ORDINANCES. ORDINANCE NO. 201 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY, BY REZONING CERTAIN PROPERTY REFERRED TO IN CHANGE OF ZONE 91-067 AND CONFIRMING THE ENVIRONMENTAL DETERMINATION CASE NO. CZ 91-067 MADISON ESTATES/SEASTAR APN: 767-320-002. It was moved by Council Members Sniff/Franklin that Ordinance No. 201 be adopted on second reading. Motion carried by the following vote: AYES: Council Members Franklin, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: Council Member Bohnenberqer ABSENT: None CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER. 2. APPROVAL OF TRACT MAP 26524 AND RELATED SUBDIVISION IMPROVEMENT AGREEMENT THE ORCHARD STROTHER COMPANIES. 3. APPROVAL OF PARCEL MAP 26525 AND RELATED SUBDIVISION IMPROVEMENT AGREEMENT THE ORCHARD STROTHER COMPANIES. 4. ACCEPTANCE AND APPROVAL OF IMPROVEMENTS TO TRACT 26524 THE ORCHARD STROTHER COMPANIES. 5. APPROVAL OF IMPROVEMENTS TO PARCEL 26525 THE ORCHARD STROTHER COMPANIES. 6. PLACED ON THE REDEVELOPMENT AGENCY AGENDA. MOTION It was moved by Council Members Sniff/Bohnenberger that the Consent Calendar be approved as recommended. Motion carried unanimously. MINUTE ORDER NO. 92-28. BIB] 01-29-96-U01 02:30:16PM-U01 CCMIN-U02 02-U02 04-U02 1992-U02 City Council Minutes 18 February 4, 1992 STUDY SESSION 1. CONTINUED CONSIDERATION OF REQUEST OF LA QUINTA CHAMBER OF COMMERCE FOR FUNDING ASSISTANCE FOR A STREET FAIR. Ms. Dallas, Executive Director of the La Quinta Chamber of Commerce, advised that the village at La Quinta Advisory Council is requesting consideration of seed money in the amount of $3,950 if and when the Street Fair becomes a revenue-generating event, these monies will be reimbursed) and that the Council approve funding of a full-time staff person under the supervision of the Chamber for a six-month period at a cost of $12,500 if the Chamber is successful in procuring corporate sponsorships, City funding would cease at the end of the six-month period). If sponsorships are not obtained, a complete evaluation of the level of success will be provided to the City regarding the level of funding. They understand the concerns of the Arts Foundation and they will endeavor to solicit their input and participation on every applicable level. Their attendance has been and will continue to be solicited at the village at La Quinta Advisory Council meetings. They will bring down the street fair at appropriate times so as not to conflict with their already existing events, as well promote their activities at the street fair and will provide space for them to show-case a particular artist, etc. Council Member Rushworth stated that he has a problem with the funding request, as at the beginning of the year when the budget for the Chamber was established, we were attempting for the Chamber to arrive at a point where they would be self- sufficent and it seems that instead, we?re being asked to support them more and more with each project they assume. He asked if this can be handled without financial assistance from the City. In response to Mayor pena, Ms. Dallas advised that she has talked to David George at COD and he wasn?t aware of private contractors who do this sort of thing. Council Member Sniff stated that we did encourage the Chamber to come back with creative ideas that would be evaluated. He was supportive of the idea, but did not wish to infringe upon the Arts Foundation. He questioned the time-frame. BIB] 01-29-96-U01 02:30:16PM-U01 CCMIN-U02 02-U02 04-U02 1992-U02 City Council Minutes 19 February 4, 1992 Ms. Dallas advised that the project would be molded as it goes along, adding that it can be tailored to end in September, 50 as not to infringe upon the Arts Festival. She advised that they have met with the Arts Foundation and they're primarily concerned with the Village Faire. Susan Francis, representing the Arts Foundation, stated that their concern is that it would render the Village Faire obsolete, but if they could work with the Chamber and provide the art end of it and if it could run, perhaps from December through summer to alleviate the competition with the Village Faire. Peter Murray, asked that this matter be agendized for consideration. Council directed that this matter be agendized on the next Council agenda for consideration. 2. REPORT OF DESERT RESORTS CONVENTION AND VISITORS BUREAU HOSPITALITY INDUSTRY BUSINESS COUNCIL. Mrs. Vossler Woodard presented an overview of the funding problems of the Palm Springs Convention and Visitors Bureau. They will have a shortfall for the 1991/92 fiscal year of between $120,000-$150,O00. This is a result of reduced TOT this year and there was also a misunderstanding regarding common area fees in the new facility, so there's $25,000 in unexpected expenses. The proposal is to ask each member City to contribute 10% over the actual amount given in 1991 to cover this shortfall. Therefore, $11,700 will be asked of the City of La Quinta. Regarding the long-term financing, there is a plan being studied which would require each member City to increase their TOT by 1%, with that 1% going to the Bureau. In response to questions by Council, Ms. Vossler Woodard advised that the Bureau is very important to the operation of the La Quinta Hotel and proceeded to briefly outlined some of the benefits. She advised that a member of the Bureau Board is making presentations to each member City. At this time, Council recessed until 7:00 P.N. BIB] 01-29-96-U01 02:30:16PM-U01 CCMIN-U02 02-U02 04-U02 1992-U02 City Council MinuteS 20 February 4, 1992 PUBLIC COMMENT JACQUE ABELS, District 5 Representative on the Coachella Valley Recreation and Park District Board introduced their new Executive Director, Don Laughton. PUBLIC HEARINGS 1. APPEAL OF PLANNING COMMISSION ACTION ON PUBLIC USE PERMIT 91- 008 LA QUINTA CHRISTIAN FELLOWSHIP CHURCH REQUEST FOR A 3,553 SQ. FT. EXPANSION TO AN EXISTING CHURCH AND ASSOCIATED PARKING AREA AT 53-800 CALLE PALOMA. Mr. Jack Clark, representing the La Quinta Christian Fellowship Church asked for a continuance to March 3, 1992, noting that they are looking at another site. MOTION It was moved by Council Members Bohnenberger/Franklin that the appeal of La Quinta Christian Fellowship Church be continued to March 3, 1992. Motion carried unanimously. MINUTE ORDER NO. 92-29. 2. FIRST EXTENSION OF TIME FOR TENTATIVE TRACT MAP 25154 98 SINGLE FAMILY RESIDENTIAL LOTS ON 27 ACRES LOCATED 1300' EAST OF WASHINGTON ST. AT THE INTERSECTION OF DATE PALM DR. SAGEBRUSH AVE. APPLICANT: VALLEY LAND DEVELOPMENT. Mr. Sawa advised that the tract under consideration is a 98 single-family lot subdivision on 27 acres located about 1300' east of Washington at the intersection of Date Palm and sagebrush. On January 14th, the Planning Commission recommended that the map be extended for a one-year period with the minor amendments to the original conditions. One of the modifications is a requirement to contribute to a traffic signal at sagebrush and Washington and deleted the condition regarding fringe-toed lizard fees because they've already rough-graded the site and paid the lizard fees. TOM THORNBURGH, P.O. Box 750, La Quinta, spoke to the requirement to contribute 25% toward the traffic signal, stating that normally, a developer just does the dirt, curbs, gutters, sewer & water the impact results when the lots are built upon. He added that they already are incurring $250,000-$300,000 in infrastructure. BIB] 01-29-96-U01 02:30:16PM-U01 CCMIN-U02 02-U02 04-U02 1992-U02 City Council Ninutes 21 February 4, 1992 In answer to questions by Council, Mr. Thornburgh advised that the secondary access is actually an emergency access. He noted that Parc La Quinta has opted to go with private streets and they are talking about gating their tract. PUBLIC HEARING OPENED PUBLIC HEARING CLOSED RESOLUTION NO. 92-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS AND GRANTING APPROVAL OF THE FIRST ONE-YEAR EXTENSION OF TIME FOR TENTATIVE TRACT NO.25154 TO ALLOW THE CREATION OF A 98-LOT SUBDIVISION ON A 27.45 ACRE SITE. CASE NO. TT 25154 FIRST EXTENSION OF TIME VALLEY LAND DEVELOPMENT COMPANY) It was moved by Council Members Sniff/Bohnenberger to adopt Resolution No. 92-18 incorporating the recommendations of the Planning Commission. Motion carried unanimously. 3. LOT CLEANINGS/WEED ABATEMENTS AND PLACEMENT OF COSTS ON 1992/93 TAX ROLLS: a. Richard Girder APN 773-295-018 $?.50 b. David Evans APN 773-081-007 $187.50 c. William Barnett & Marilyn Anderson APN 769-062-004 $337.50 d. Anabelle Bumgardner APN 769-062-012 $3?7.50 e. Edward Goursky APN 769-062-011 $187.50 Mr. Hartung recommended that the resolution be adopted placing the costs of the lot cleanings as outlined hereinabove on the 1992/93 tax rolls. In response to Council Member Bohnenberger, Mr. Hartung advised that *`c" and d" should be $375.00. RESOLUTION NO. 92-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA ASSESSING LIEN AND PROVIDING FOR COLLECTION ON TAX ROLLS ON CERTAIN PROPERTY FOR COSTS OF ABATEMENT OF PUBLIC NUISANCE. It was moved by Council Members Sniff/Bohnenberger that Resolution No. 92-19 be adopted as amended. Motion carried unanimously. BIB] 01-29-96-U01 02:30:16PM-U01 CCMIN-U02 02-U02 04-U02 1992-U02 City Council Minutes 22 February 4, 1992 STUDY SESSION continued........ 3. DISCUSSION OF DEVELOPMENT OF THE VILLAGE AT LA QUINTA Continued Discussion of TMC Proposal. Mr. Kiedrowski noted that Mr. Herman has handed out a list of projects that have been completed in The Village along with preliminary projects. He wished for Council to continue to discussion regarding TMC's proposal. Council Member Bohnenberger stated that he would like to discuss it as a part of the budget process. Mayor Pena stated that he would like to review a portion of the plan like The Village beautification that can be done in the short- term with a relatively small amount of money. Council Member Sniff agreed, but to some degree it felt that it would be superficial. He felt that we need to look at defining the area with some sort of gateways. He would also like to see some kind of project of limited scope on City property that would set the tone for the downtown. Mike Schlisinger, representing TMC stated that they wish to emphasize their desire in working with the City on a long-term basis. Last month, they submitted a three-level program they felt would move the City forward in its goals for the downtown area. However, if the Council would like to move forward with only one phase of the program, they would be happy to work with that. Mr. Kiedrowski stated that if Council wishes, he could bring back a contract to start with phases I and II; or Council could wait until budget discussions or staff could go out for additional proposals. Mayor pena wished to move forward with something short-term to have in place by next season. DEPARTMENT REPORTS Mr. Kiedrowski advised that when the work was started in The village several years ago, an owner/participation procedure process was started which dealt with designating the fact that the Nicholson project would be an integral project. In talking to the Attorney and the applicant, we believe we need to start the same kind of owner/participation procedure for the area around the mall. We need to notify the property owners and let them informally know of this objective and asking for input. BIB] 01-29-96-U01 02:30:16PM-U01 CCMIN-U02 02-U02 04-U02 1992-U02 City Council Minutes 23 February 4, 1992 Council concurred. Mr. Hartung advised that there has been some progress on the property on Quito. Regarding Ralphs, there has been no activity. Mayor Pena advised that they have been purchased by DeBartolo Company and will hopefully be proceeding. Council Member Sniff questioned the status of the bridge on Washington between Avenue 50 and Tampico and Mr. Kiedrowski advised that it will trail the Whitewater bridge by a year a two, unless Council directs otherwise. Mr. Speer discussed the proposed vacation which is on the Council's agenda for the next meeting and outlined the alternatives available, noting that each alternative will have a cost to the City. Mrs. Juhola asked for Council direction regarding the filling of the appointments to the Investment Policy Task Force Committee and the Community Services Commission. Council concurred that each Council Member will call their appointees to Mrs. Juhola within the week. Regarding the Community Services Commission, Council concurred to have the matter of appointment on the next Council agenda and bring back all the previous applications. BIB] 01-29-96-U01 02:30:16PM-U01 CCMIN-U02 02-U02 04-U02 1992-U02 City Council Minutes 24 February 4, 1992 CLOSED SESSION a. Discussion of potential pending litigation pursuant to Government Code Section 54956.9(a) Palmer Cablevision concerns b. Discussion of pending litigation pursuant to Government Code Section 54956.9(a) International Treasury Management/Denman Company City of Indio Indio Case No. 62944 c. Discussion of personnel pursuant to Government Code Section 54957. Council reconvened from Closed Session with no action being taken. There being no further business, the meeting was adjourned. ctfully submitted, SAUNDRA L. JUH?'<A', City Clerk City of La Quinta, California BIB] 01-29-96-U01 02:30:16PM-U01 CCMIN-U02 02-U02 04-U02 1992-U02