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1987 02 18 CC Minutes! 313 MINUTES An adjourned regular meeting of the La Quinta City Council held at City Hall, 78-105 Calle Estado, La Quinta, California February 18, 1987 7:30 p.m. 1. CALL TO ORDER Mayor Hoyle called the La Quinta City Council meeting to order at 7:30 p.m. The Mayor invited Councilmember Sniff to lead the Flag Salute. m 2. ROLL CALL Present: Councilmembers Bohnenberger, Cox, Pena, Sniff, and Mayor Hoyle. Also Present: City Manager Kiedrowski, Finance Director Harvey, Planning Director Crump, Secretary Nazzaro, Community Safety Director Hirdler, and Admin. Services Director Jennings. 3. CONFIRMATION OF AGENDA. Confirmed. 4. PUBLIC COMMENT. A. Mr. Jacques Abels, P.O. Box 1416, La Quinta, as Director, brought the Council up-to-date on CV Park & Recreation projects. In regard to long range planning he advised on the items performed/to be performed) below which he stated had been submitted to their Board for discussion: 1) Availability of grant money for possible renovation of the Community Center in conjunction with the senior center. 2) Feasibility of a La Quinta community swimming pool. 3) Additional park areas. 4) Unused land area at Avenue 50 Park between left field and the sign) where a wall might be erected and installation of ball courts tennis, etc.). In addition, Mr. Abels advised that maintenance of the park and City for the District is very expensive and normally exceeds funds allocated for this endeavor. The Council cited Mr. Abels for the recent completion of the City basketball court, and continuous improvements being accomplished by the District. BIB] 02-25-96-U01 12:58:08PM-U01 CCMIN-U02 02-U02 18-U02 1987-U02 !314 Minutes City Council February 18, 1987 Page Two B. Ms. Maureen Mendoza, P.O. Box 71, La Quinta, Riverside County Free Library Advisory Board Representative for La Quinta, as appointed by Council. She advised Council on the recent Board meeting/discussion of a target date of October for a library in La Quinta, and a revised budget of $80,000 recently increased from $49,000) for books 6,000 volumes) and materials. She expressed urgency for expeditious determination of a low-cost location for the library by the park, near the center of town as a part of the planned cultural center), or preferably the donation of land with a building, and approximately 2,000 sq. ft., for submittal to the Board at next meeting on April 23rd, and solicited assistance from the Council and the public. 5. COMMENT BY COUNCIL MEMBERS A. Councilmember Bohnenberger reminded all present that the Firebelles would be conducting their annual fashion show to be held February 28th at the La Quinta Hotel, with proceeds to go to the Volunteer Fire Department of La Quinta. He advised that tickets could be purchased from Admin. Svcs. Director Jennings, the Firebelles of La Quinta, and at the event itself. B. Mayor Hoyle welcomed the attendance of Planning Commissioner Kim Brandt as part of the recent implementation of the coordination of Planning Commission and City Council representatives' attendance to their respective meetings. 6. HEARINGS None. 7. WRITTEN COMMUNICATIONS None. 8. BUSINESS SESSION A. Data Processing Master Plan Proposal Arthur Young & Co. City Manager Kiedrowski reported on previous discussion regarding review of data processing needs and utilization, and that the proposal submitted by Arthur Young & Co. best meets the needs of the City. He requested Council to authorize staff to accept the proposal and direct Arthur Young & Co. to begin work to complete a review of the City' BIB] 02-25-96-U01 12:58:08PM-U01 CCMIN-U02 02-U02 18-U02 1987-U02 ! 311 Minutes City Council February 18, 1987 Page Three present status and provide direction as to how to better utilize the automated computer system. Moved by Councilmember Sniff, seconded by Councilmember Bohnenberger, to authorize acceptance of the work and data processing master plan as proposed by Arthur Young & Co., cost not to exceed $13,600. Notion passed on the following roll call vote: Cr) AYES: Councilmember Bohnenberger, Cox, Pena, Sniff, and Mayor Hoyle. Co IoES: None. ABSTAIN: None. 8.B. study Session itemS: 1) Infrastructure Fee Program. Continued to an adjourned Council meeting to be held Wednesday, February 25, at 5:00 p.m. Councilmember Cox asked that the time/day of this meeting be changed to accommodate the La Quinta Chamber of Commerce Mixer to be held at the Cafe La Quinta at 5:30 p.m. It was unanimously agreed to continue the adjourned regular meeting of February 18 to an adjourned Council meeting to be held Wednesday, February 25, 1987, commencing at 4:00 p.m. Community Services Commission two items): a. Structure, goals & policies. Continued to March, 1987, for a joint City Council/Community Services Commission meeting. No exact date set. Moved by Councilmember Cox to hold a joint City Council/Community Services Commission meeting at the second Council study session in March March 16, at 3:00 p.m. b. Community Service Grant Program. Moved by Councilinember Pena, seconded by Councilmember Cox, to fix the grant sum at $70,000 as the maximum Community Services Grant program. BIB] 02-25-96-U01 12:58:08PM-U01 CCMIN-U02 02-U02 18-U02 1987-U02 !312 Minutes City Council February 23, 1967 Page Four Councilmember Pena explained that this fixed amount would be used as a guideline in preparing the next year's budget. MayorHoyle further clarified that the motion was made in order to set a limit of $70,000) on the Community Service Grant program. Motion to fix the sum of $70,000 as the maximum Community Service Grant program was unanimously adopted. No roll call was necessary as the funds were not committed at this time, but merely a cap set on those funds for control purposes only. 3) Citizen's Advisory Committee A Proposal. Moved by Councilmember Bohnenberger, seconded by Councilmember Sniff, to forward the Citizen's Advisory Committee proposal to the Planning Commission for their review/implementation of the program. Unanimously adopted. In explanation of the program, Councilmember Bohnenberger read from the proposal, citing that an ad hoc committee for each community would be utilized to identify each community's needs and concerns, and features they would like to see preserved), to derive one citizen's advisory committee to review significant developments within the areas of each community for conformance. The Mayor and Council commended Councilmember Bohnenberger for his time and effort on behalf of the project. C. Discussion of Joint City Council/Planning Commission Retreat. Moved by Councilmember Cox to meet Saturday, March 14, a week before the Community Service Commission meeting date. City Manager Kiedrowski advised this date was in conflict with the State Planning Commissioners' Institute to be held March 11-13, and suggested the Retreat be tentatively set for Saturday, March 21, 1987, to be confirmed with the Planning Commission and then back to the Council for final confirmation. Unanimously agreed. No motion required for the setting of a tentative date as i would be a continuing agenda item. BIB] 02-25-96-U01 12:58:08PM-U01 CCMIN-U02 02-U02 18-U02 1987-U02 ! 309 Minutes City Council February 16, 1987 Page Five D. Sphere of Influence Program-Status Report Planning Director Crump reported on a sphere of influence between the cities of Coachella, and La Quinta, specifically regarding a holding area for future planning purposes" of approximately 6 sq. miles, and confirmed this was not an annexation but a clarification of boundaries 1) pertaining to the sphere of influence. Action required: Distribution of an opinion survey to affected property owners, environmental review/comment period, and submission Cr) of an application to the Riverside County Local Agency m Formation Commission LAFCO). Moved by Councilmember Cox, seconded by Councilmember Sniff, to direct staff to proceed with application to LAFCO, and to return to Council with a resolution for adoption, with the notation included in the resolution that LAFCO had requested that this matter be resolved between the three cities. 9. COMMISSION AND COMMITTEES. No comment. 10. CONSENT CALENDAR Moved by Councilmember Cox, seconded by Councilmember Sniff, to approve the Consent Calendar. Unanimously adopted. A. Approval of Minutes, City Council. February 18, 1987) B. RESOLUTION NO. 87-9. APPROVING DEMANDS. C. RESOLUTION NO. 87-10. ESTABLISHING TEMPORARY NO-PARKING ZONES. L.Q. ARTS FESTIVAL) Motion passed by Roll Call Vote: AYES: Councilmembers Bohnenberger, Cox, Pena, Sniff, and Mayor Hoyle. NOES: None. ABSTAIN: None. 11. REPORT OF OFFICERS A. City Manager Kiedrowski requested a short Executive Session on personnel be held at the end of the meeting. BIB] 02-25-96-U01 12:58:08PM-U01 CCMIN-U02 02-U02 18-U02 1987-U02 !310 Minutes City Council February 18, 1987 Page Six B. Councilmember Sniff asked about the current status regarding the bank building which had previously housed the senior center. City Manager Kiedrowski reported that he had reviewed the matter, that the insurance settlements have been transmitted and when completed the building would be removed, restoring the land to a vacant parcel. C. City Attorney Longtin reported on two items as follows: C.1. Council consideration of regulating pit bull dogs which was precipitated by a letter and appearance to Council of a La Quinta citizen requesting legislation banning ownership of the dogs in the City. In response to this request, the Council had taken two actions: 1) to increase patrols by the City Animal Control Officer, and 2) direct the City Attorney to research and report back to Council regarding the legality of pit bull regulations and to determine what action other communities were taking in this regard. The City Attorney highlighted his formal report to Council as follows: In researching the legal aspect of regulating pit bull dogs by specific breed, ten cities in the U.S., have enacted regulations defining the pit bull as a vicious dog without any further findings, the major ones being Denver and Cincinnati, and in California Pomona and Santa Monica. The types of legal attacks that have been brought on such ordinances, and which could be expected are constitutional in nature and there are basically four points: 1) One deals with substantive due process the cities have the police power authority to enact regulations to protect the health and safety of the community as long as the regulations are reasonably related to a legitimate public purpose objective. Arguments to be made by pit bull owners would be that such regulations infringe upon their constitutional right to liberty and property without due process of law, arguing that the regulations would not be reasonable because there is no solid evidence that pit bulls are more dangerous than dobermans and shepherds. 2) Another type of constitutional attack is that the regulations aimed directly at pit bulls would be unconstitutionally vague and uncertain. This would mean that a citizen has the right when charged with BIB] 02-25-96-U01 12:58:08PM-U01 CCMIN-U02 02-U02 18-U02 1987-U02 ! 307 Minutes City Council February 18, 1987 Page Seven violation of the law to have adequate notice as to what the charges applies. In the case of pit bulls, there is a problem identifying the breed, in that the kennel clubs/breeders associations do not have a definition or breed entitled pit bull i.e. American stafforshire terrior, stafforshire bull terrior, American bull terrior; further, the issue of mixed breeds is at what a) stage or how much pit bull does a dog have to have to be identified as being vicious. He cited a superior court case where the judge ruled that a Broward County ordinance was unconstitutional because there is no way Co to define' a pit bull. 3) Equal protection of the law. Basically, pit bull owners would argue that any legislation directed at pit bulls would be discriminatorily under-inclusive in that based upon the statistics should also include dobermans and shepherds. He cited one case which had reached appellate level, a federal district court case in Pennsylvania against Chester Township with this type of ordinance in that case the court held that the argument of equal protection was not valid and that the city did not have to regulate every dangerous animal, but that they could select the pit bull for discriminatory regulation and still passed constitutional muster. 4) The last question which could be raised would be the potential of an ex post facto law, a taking issue. In other words one thing to enact legislation specifically directed all future pit bulls brought into/born and bred within the city, and another thing to apply it to existing owners of the animals. With the exceptance of Broward County, most of the superior court cases have sustained the legislation, and taking of sufficient evidence of attacks such as the animal control officer, veterinarian, and persons subject to attack/abuse by pit bulls, and made the necessary findings the city could sustain such legislation, but legal attack could be expected on the legal validity. An alternative approach he suggested is not to aim the legislation directly at the breed of pit bull, but rather to redefine the city's vicious dog ordinance and impose more stringent controls. Re defined the current city ordinance regarding vicious dogs, stating that the vicious dog could be redefined as follows: BIB] 02-25-96-U01 12:58:08PM-U01 CCMIN-U02 02-U02 18-U02 1987-U02 !Minutes City Council February 18, 1987 Page Eight 1) Any dog certified by a veterinarian after observation as posing a danger to human beings if not enclosed or muzzled or any dog which has been trained for fighting to further include any dog which has been outfitted with a training device such as a weighted collar around the neck will be presumed to be a dog trained as a fighting/attack dog". 2) Once a dog is determined vicious it must be in a safe enclosure, with a top, bottom and sides. If taken out of the enclosure, it would need to be muzzled and kept on a short leash to be defined as not less than three feet in length with minimum tinsel strength of 300 pounds. 3) A further requirement would be to include a provision against buying/selling vicious animals; and 4) An even further requirement that owners maintain liability insurance for the protection of members of the public injured by such an animal. The city attorney recommended this course of action to be taken first in lieu of the possibility of exposing the city to the potential of a lawsuit and the cost of defending that suit. Moved by Councilmember Bohnenberger, seconded by Councilmember Sniff, to direct the city attQrney to amend the city's present ordinance to redefine vicious dogs to include the four additional points of definition of the dog as reflected in the city attorney's report to Council, and amended to include the additional regulations that apply to a vicious dog, also reflected in the city attorney's report. Unanimously adopted. The City Attorney to return to Council in one month with amended ordinance on vicious dogs. C.(2) City Attorney Longtin reviewed amended Resolution No. 87-6, adopting Rules of Procedure for Council Meetings and Related Functions and Activities. He advised Council of one addition to make to end the resolution with 10. Rules Directory: To the extent not required by state law, these rules of procedure shall be considered directory only and compliance herewith shall not be considered mandatory or jurisdictional". He stated that the reason this additional paragraph should be included was as a safety valve were the Council to miss a rule along the way, that this would not render an action taken at a council meeting invalid. BIB] 02-25-96-U01 12:58:08PM-U01 CCMIN-U02 02-U02 18-U02 1987-U02 ! 41 Minutes City Council February 16, 1987 Page Nine The City Attorney then recommended that Council adopt Resolution No. 67-6, as amended. Moved by Councilmember Pena, seconded by Councilmember Sniff, to adopt Resolution No. 87-6, as amended. Unanimouslyadopted. D. Councilmember Cox requested that those organizations who had cx) not responded to letters soliciting their assistance in planning the City's 5th Anniversary, to be telephoned for confirmation. Y) E. Community Safety Director Hirdler reported to Council on the Miles Avenue speed problem where the sheriff's department had stepped up patrols and to date ten citations have been issued within the past two days on Miles. Regarding the fatal accident on Miles Avenue, the motorcycle had been traveling at a speed of 70 m.p.h., not allowing the vehicle leaving the mobile home park enough time to see him. He added that the Spring Clean Up Day would be held March 21st, and that a press release would be issued. F. Planning Director Crump gave an update on Horizon Palms, sw corner of Fred Waring and Dune Palms, citing a checklist of items to bring the development through to completion as originally approved. 12. Moved by Councilmember Bohnenberger, seconded by Councilmember Pena, to adjourn to Executive Session and adjourned regular meeting to be held February 25, 1987. Unanimously adopted. The adjourned La Quinta City Council meeting held Wednesday, February 18, 1987, was adjourned at 8:45 p.m. at City Hall, 78-105 Calle Estado, La Quinta, CA., to Executive Session and adjourned Council meeting to be held Wednesday, February 25, 1987, convening at 4:00 pm., at City Hall. BIB] 02-25-96-U01 12:58:08PM-U01 CCMIN-U02 02-U02 18-U02 1987-U02