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1996 03 19 CC Minutes* LA QUINTA CITY COUNCIL MINUTES March 19, 1996 Regular meeting of the La Quinta City Council on March 19, 1996 was called to order at the hour of 3:00 p.m. by Mayor Holt, followed by the Pledge of Allegiance. PRESENT: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt ABSENT: None CONFIRMATION OF AGENDA Ms. Honeywell, City Attorney, asked that Consent Calendar Item No.4 be moved to Closed Session pursuant to Government Code Section 54956.9(b)3C as the City has received a claim relative to this item. She advised that the claim would be available for public inspection under Government Code Section 54957.5 MOTION It was moved by Council Members Sniff/Henderson to add as Consent Calendar Item No. 10, approval of Final Map 28034 and related Subdivision Agreement for South Valley Estates. Motion carried unanimously. MOTION It was moved by Council Members Sniff/Adolph to move Consent Calendar Item No. 4 Final Acceptance of Improvements to PGA West Tracts 20717-1 & 4, 21381-3, 28146-1, 2,4, & 5, 22432-2, 24317-1,25499-1 & 2, and 25500-3) to the Closed Session Agenda. Motion carried unanimously. APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of January 30, 1996 as submitted. Motion carried unanimously. MOTION It was moved by Council M?Sniff/Henderson to approve the City Council Minutes of March 5, 1996 as submitted. Motion carried with Mayor Holt ABSTAINING. ANNOUNCEMENTS None PRESENTATIONS None PUBLIC COMMENT BIB] 05-20-1996-U01 12:31:32PM-U01 CCMIN-U02 03-U02 19-U02 1996-U02 *City Council?Minutes 2 March 19, 1996 Ms. Lucia Moran, P.O. Box 1305, reported that 48 stock and super stock cars would be racing in the Soap Box Derby on March 23rd in comparison to 42 cars last year. The City of Rancho Mirage has contributed $500, Ministrelli Construction $400, and a very generous donation was received from Council Member Perkins. Ms. Donna Martin, 49-320 Avenida Fernando, advised that the Community Concerts Association would be returning to the La Quinta Resort and Club for the upcoming season. The Association will express their appreciation to the City for their financial support at a concert on March 31st at the McCallum Theater and she invited the Council to attend. * * * * * * * * * * * * * Mr. Wally Reynolds, 79-860 Fiesta Drive, asked the City to pave approximately 1 50 feet along Jefferson Street at the Indian Springs Golf Course and mark it as a golf cart lane. This would eliminate the need for golfers to cross Jefferson Street four times during a round of golf and make the area safer for golf-cart travel. Council Member Sniff felt that safety is an important issue and wished to see this item referred to the City Manager and Public Works Director for a report back to Council as soon as possible. He suggested that the Sheriff's Office be informed also. WRITTEN CORRESPONDENCE 1. LETTER FROM LA QUINTA CHAMBER OF COMMERCE REGARDING THE VILLAGE DIRECTIONAL-SIGNAGE PROGRAM. Council directed staff to move forward with this in an expeditious manner and Mr. Genovese, City Manager, advised that the necessary documents would be brought back to Council for consideration and approval. BIB] 05-20-1996-U01 12:31:32PM-U01 CCMIN-U02 03-U02 19-U02 1996-U02 *City Council?Minutes 3 March 19,1996 BUSINESS SESSION CONTINUED CONSIDERATION OF A RECOMMENDATION FROM THE ART IN PUBLIC PLACES COMMISSION TO COMMISSiON BARBARA GRYGUTIS TO DESIGN AND INSTALL ARTWORK AT THE LA QUINTA VILLAGE SHOPPING CENTER DETENTION BASIN WITH THE APPROPRIATION OF AN ADDITIONAL $30,000. Mr. Herman, Community Development Director, advised that on February 20, 1 996, the Council continued this item and directed staff to research maintenance responsibility, risk factors, and liability concerns related to the proposed artwork. Art In Public Places APP) Funds can be used for maintenance of artwork, but artwork is the property and responsibility of the developer if produced by the developer and the developer was given credit. The landscaping and maintenance of the detention basin is the responsibility of the shopping center developer, with or without artwork. Relocating the sump-pump will cost an additional $3,000-$4,000. He advised that the current slope of the basin is a 3:1 standard slope and proceeded to review the available options for maintaining that slope, advising that all options would require additional funding. The American Disabilities Act must be complied to if the artwork is designed for public access. The City?s risk exposure is increased with the installation of any new facility, but is covered under the Citys $10 million general-liability limit unless excluded from the Memorandum of Understanding with Coachella Valley Joint Powers Insurance Authority CVJPIA). CVJPIA cannot provide a risk analysis without a complete set of design plans. He advised that a letter from Barbara Grygutis was contained in the staff report and proceeded to review the Council's options. In response to Council Member Adolph, Mr. Herman advised that he didn't know the bottom-line cost of the project after the basin is deepened and the handicap railing is installed. Council Member Adolph questioned the visual effect guardrails would have on the artwork. He supports the Art in Public Places Commission, but was concerned that the cost of this project had increased too much. Council Member Sniff felt that a landscape solution would be better than an artwork solution. MOTION It was moved by Council Members Sniff/Henderson to deny the request for additional funds and reject the art proposal, directing staff to work with all relevant parties to design an all-landscaped project. BIB] 05-20-1996-U01 12:31:32PM-U01 CCMIN-U02 03-U02 19-U02 1996-U02 *City Council?Minutes 4 March 19, 1996 Council Member Perkins was opposed to limiting the project to an all- landscaped design. Motion was withdrawn. MOTION It was moved by Council Members Sniff/Henderson to deny the request for additional funds and reject the proposal. Motion carried unanimously. MINUTE ORDER NO.96-38. Council Member Sniff wished to have various options reviewed by staff and a report brought back to Council. MOTION It was moved by Council Members Sniff/Henderson to direct staff to work with all relevant parties to design an all-landscaped project. Council Member Perkins reiterated his wish to not limit the options to an all- landscaped design. In response to Council Member Adolph, Mr. Herman advised that the fees paid by the developer in-lieu of placing art in the shopping center can be used for art elsewhere in the City. In response to Council Member Perkins, Ms. Honeywell, City Attorney, advised that the City is not obligated to approve artwork for this site. Council Member Perkins advised that he would support the motion, noting that it would be brought back to Council for approval. In response to Council Member Adolph, Ms. Honeywell advised that this would be a planning issue unless Council anticipates that the landscaping would constitute a piece of public art in which case it would be relevant to include the APP. Council Member Sniff felt that the options should be reviewed by the shopping center developer and staff, taking into consideration the concerns of the restaurant owner, and that the APP be informed for information purposes only. Council Member Henderson strongly disagrees with the exclusion of landscape architects as artists in the APP ordinance, advising that she suggested a landscape project for this site in the beginning. Motion carried unanimously. MINUTE ORDER NO.96-39. BIB] 05-20-1996-U01 12:31:32PM-U01 CCMIN-U02 03-U02 19-U02 1996-U02 *City Council Minutes 5 March 19, 1996 2. CONSIDERATION OF THE LA QUINTA BIKE PATH PLAN. Mr. Herman, Community Development Director, advised that the proposed bike-route plan would implement a General Plan/Circulation Element Policy and would designate specific locations for bike paths in the City. The Planning Commission and Parks & Recreation Commission have reviewed the plan and recommend approval. In response to Council Member Henderson, Mr. Baker, Principal Planner, advised that an equestrian trail was looked at, but not a bike path from the south end of the Cove over to Lake Cahuilla. Mr. Herman advised that the Boo Hoff Trail is accessible from the Cove, but is not designed for bikes. Staff will check to see if the Quarry easement is limited to equestrian and hiking use only. Council Member Henderson felt that it would be worth checking into. Mr. Herman advised that the proposed Class 1, 2, & 3 bike-route plan is designed to satisfy grant application requirements. The trail system will be addressed during the General Plan update next year. Council Member Henderson 5 concern was specifically for a bike path. In response to Council Member Perkins, Mr. Wilson, Management Assistant, advised that the plan calls for a perpendicular under-street crossing at the Deep Canyon Storm Water Channel on Highway 111 which will connect with a bicycle bridge proposed by the City of Indian Wells. Council Member Perkins felt that it?s important for the bike path to be continuous and connect with other bike paths. In response to Council Member Adolph, Mr. Wilson advised that a small portion of the under-street crossing is within the city limits of Indian Wells. In response to Mayor Holt, Captain Dye, of the Sheriff's Office, advised that a bicycle-safety course will be held in April. Such courses are generally conducted at the beginning and end of each school year, but are available year- round. Mr. Freeman Gosden, 49-401 Vista Bonita, commented that the local ratio of pedestrians/bicyclists on the sidewalk to vehicles on the street is approximately 200 to 1, making bicycle safety an important issue. He suggested that bicycle BIB] 05-20-1996-U01 12:31:32PM-U01 CCMIN-U02 03-U02 19-U02 1996-U02 *City Council Minutes 6 March 19, 1996 turnouts be constructed at any point where sidewalks come to a dead end for bicyclists to have easier street access and that popular tourist routes such as going toward PGA West and the polo grounds, be improved for safety reasons. He suggested that approximately 80 yards, from Avenue 47 to Highland Palms Drive, be paved for a bicycle path to eliminate the necessity for bicyclists to travel with vehicles there. RESOLUTION NO.96-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING APPROVAL OF THE LA QUINTA BIKE ROUTE PLAN. It was moved by Council Members Sniff/Adolph to adopt Resolution No.96-i 3 as submitted. Motion carried unanimously. Council Member Sniff felt that Mr. Gosden?s concerns should be taken under consideration. 3. CONSIDERATION OF APPROVAL OF THE FIFTH AMENDMENT TO THE AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF LA QUINTA. Mr. Hartung, Building & Safety Director, advised that the proposed amendment would provide eight additional hours of patrol each day beginning with Fiscal year 1 996/97 at a cost of $230,000. No additional increases are expected until Fiscal Year 1 998/99. In response to Council Member Adolph, Captain Dye of the Sheriff?s Office, advised that the hours would be used for a new officer who?s shift will be assigned according to need. With the additional officer, patrols will vary from two officers per shift to four during peak hours. MOTION- It was moved by Council Members Sniff/Adolph to approve the Fifth Amendment to the agreement for law enforcement services between the County of Riverside and the City of La Quinta. Motion carried unanimously. MINUTE ORDER NO.96-40. BIB] 05-20-1996-U01 12:31:32PM-U01 CCMIN-U02 03-U02 19-U02 1996-U02 *City Council Minutes 7 March 19, 1996 4. CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING CHAPTER 11.56 OF THE LA QUINTA MUNICIPAL CODE ADDING REGULATIONS RELATING TO TRUANCY. Mr. Hartung, Building & Safety Director, advised that the proposed ordinance would restrict school-age children from being in public places during normal school hours. Similar ordinances have been adopted by the cities of india and Cathedral City. In response to Mayor Halt, Mr. Hartung advised that independent-study students aren?t supposed to be in public places during normal school hours. Council Member Sniff asked what level of responsibility the school district has in controlling truancy. Mr. Hartung advised that the rate of truancy is difficult far the school district to determine. The proposed ordinance is a proactive measure to discourage students from hanging out in La Quinta to avoid the truancy ordinances that were adopted in India and Cathedral City approximately two months ago. In response to Council Member Sniff, Captain Dye of the Sheriff?s Office, advised that this truancy ordinance was derived from discussions of a group called Education Public Safety United EPSU), consisting of the police chiefs and school superintendents of the three local school districts. The schools have security officers that work with law enforcement on truancy problems. Council Member Henderson advised that CVAG's Public Safety Committee and the Child Youth Committee strongly endorse the adoption of this ordinance. They feel that it?s important for each city to adopt similar ordinances to avoid shuffling the students from one city to another. In response to Council Member Adolph, Captain Dye advised that patrol officers will usually talk to school-age youths found in public areas during normal school hours to determine if they are truant. If they are truant, the school or parents are contacted, or they?re returned to school. Council Member Sniff questioned the age-limit of 1 7 in the ordinance, pointing out that many youths are out of school at that age. Ms. Honeywell, City Attorney, suggested changing the language to2??Lffi7" if compulsory education is indeed a requirement up to age 16 or, change the language to read for a minor who is subject to compulsory education" which would not include an age-limit. BIB] 05-20-1996-U01 12:31:32PM-U01 CCMIN-U02 03-U02 19-U02 1996-U02 *City Council?Minutes 8 March 19, 1996 Council Member Perkins felt that the ordinance is long overdue and that a lot of work has gone into it. He didn?t see a problem with leaving the language as-is because it reads a minor under the age of 18 who is sub?subject to compulsory education." It was moved by Council Members Sniff/Adolph to take up Ordinance No. 282 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 282 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA. CALIFORNIA, AMENDING CHAPTER 11.56 OF TITLE 11 OF THE MUNICIPAL CODE RELATING TO THE REGULATION OF CURFEW AND TRUANCY. It was moved by Council Members Sniff/Adolph to introduce Ordinance No. 282 on first reading. Motion carried unanimously. 5. CONSIDERATION OF APPROVAL OF MEMORANDUM OF UNDERSTANDING MOU) FOR THE BERMUDA DUNES AREA DRAINAGE STUDY. Mr. Cosper, Public Works Director, advised that the purpose of the proposed MOU between the cities of Indian Wells, lndio La Quinta, Palm Desert, the County of Riverside, and the Coachella Valley Water District CVWD) is to prepare a drainage study for a problem in the Bermuda Dunes area; bounded on the north by Interstate 10, Eldorado Drive on the west, and the Whitewater River Channel on the south and east. NBS Lowery has been retained by CVWD to prepare the study at a cost not to exceed $41,190, of which La Quinta will pay $7,700 for its share of the cost. He reviewed the purpose of the study, advising that a multi-jurisdictional study is necessary because of the drainage spillover from one community to another. In response to Council Member Perkins, Mr. Cosper advised that the area north of the Whitewater River Channel from Washington Street to Jefferson Street is the specific area of La Quinta that would be addressed in the report. MOTION It was moved by Council Members Sniff/Adolph to approve and authorize the Mayor to execute a Memorandum of Understanding between the cities of Indian Wells, lndio, La Quinta, PaIm Desert, the County of Riverside, and the Coachella Valley Water District for the Bermuda Dunes Area Drainage Study. Motion carried unanimously. MINUTE ORDER NO.96-41. BIB] 05-20-1996-U01 12:31:32PM-U01 CCMIN-U02 03-U02 19-U02 1996-U02 *City Council Minutes 9 March 19, 1996 6. CONSIDERATION OF APPOINTMENT TO FILL THE VACANCY ON THE ART IN PUBLIC PLACES COMMISSION. Council Member Perkins felt that no further Commission appointments should be made until the upcoming review of Boards/Commissions has been completed. Council Member Henderson agreed somewhat, pointing out that she previously recommended waiting on these appointments until a moratorium on this issue was settled. However, she now feels that the Council should go ahead with the appointment since the application process has been completed and the presentations have been given. Council Member Adolph concurred. Council Member Perkins advised that he would abstain from voting. Council Member Sniff supported moving forward, noting that a moratorium has only been discussed and not decided. VOTING: BALLOT NO.1: Council Member Adolph voted for Judi Cothrun Council Member Henderson voted for Jack Tapleshay Council Member Sniff voted for Judi Cothrun Mayor Holt voted for Judi Cothrun Council Member Perkins abstained MOTION It was moved by Council Members Sniff/Adolph to appoint Judi Cothrun to the unexpired term, ending June 30, 1996, on the Art in Public Places Commission. Motion carried with Council Member Perkins ABSTAINING. MINUTE ORDER NO.96-42. BIB] 05-20-1996-U01 12:31:32PM-U01 CCMIN-U02 03-U02 19-U02 1996-U02 *City Council?Minutes 10 March 19, 1996 7. SECOND READING OF ORDINANCE NO.281 RE: ZONING ORDINANCE AMENDMENT 96-049 SIGNS) ORDINANCE NO.281 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA. AMENDING CHAPTER 9.212 OF THE LA QUINTA MUNICIPAL CODE. It was moved by Council Members Sniff/Perkins to adopt Ordinance No.281 on second reading Council Member Perkins questioned the enforcement of signs placed on windows. Mr. Herman, Community Development Director, advised that the current window sign restriction of 10% would be increased to 25% with limitations on the number of days for each period and the number of periods within a calendar year which will provide a better tool for Code Enforcement to regulate such signage. In response to Council Member Perkins, Ms. Honeywell, City Attorney, advised that the ordinance can be amended on second reading, but previous votes cannot be changed nor can a portion of the ordinance be separated for purpose of voting. Council Member Perkins advised that he would vote NO on the ordinance unless the limit on political signs is changed back to 30 as previously recommended by the Planning Commission who spent a great deal of time researching this issue. He didn?t erect political signs during his campaign and felt that they should be completely banned, but since that is impractical, he wished to see a limitation set at 30 Council Member Adolph questioned the time period for removal of temporary signs and after a brief discussion, Council concurred on continuing this matter to allow staff time to make corrections to the ordinance. Council Member Adolph advised that he still supports a limit of 30 temporary signs. Council Member Henderson prefers to ban political signs altogether, but would continue to support a limit of 50 due to the size of the City and the spacing restriction of 200 feet. BIB] 05-20-1996-U01 12:31:32PM-U01 CCMIN-U02 03-U02 19-U02 1996-U02 *City Council?Minutes 11 March 19, 1996 Motion was withdrawn. Council Member Sniff was adamant that the temporary-sign limit remain at 50 because of the size of the City. Council Member Henderson asked if the ordinance would allow two separate individuals to take out temporary sign permits for different signs, but for the same candidate. Ms. Honeywell advised that that is not the intent of the ordinance, but staff would address that concern before the second reading. MOTION- It was moved by Council Members Sniff/Henderson to continue the second reading of Ordinance No. 2B1 to April 2, 1996. Motion carried unanimously. CONSENT CALENDAR Mayor Holt advised that a member of the audience wished to speak to Item No.4 which has been pulled and placed on the Closed Session Agenda. Council Member Adolph abstained due to a conflict of interest and left the dais. Ms. Susan Stewart, 74-075 El Paseo, Ste. C-4, Palm Desert, attorney for PGA West Residential, advised that the original developer of PGA West, Sunrise Company, failed to complete some of the improvements which the Association paid $58,000 to have finished. Therefore, she asked that, at a minimum, the bonds be retained until the issues are resolved between Sunrise and the Association. As an alternative, she asked the Council to amend the agreement language so that the work has to be finished before the 10% retention bond is released. Council Member Sniff asked that Consent Calendar Item No. 10 be pulled for discussion. 1. APPROVAL OF DEMAND REGISTER DATED MARCH 19, 1996. 2. TRANSMITTAL OF TREASURY REPORT DATED JANUARY 31, 1996 FOR THE CITY OF LA QUINTA AND THE LA QUINTA FINANCING AUTHORITY. 3. FINAL ACCEPTANCE OF IMPROVEMENTS TO TRACTS 23935-1, 2, 3 & 5 TOPAZ. BIB] 05-20-1996-U01 12:31:32PM-U01 CCMIN-U02 03-U02 19-U02 1996-U02 *City 12 March 19, 1996 4. FINAL ACCEPTANCE OF IMPROVEMENTS TO PGA WEST TRACTS 20717-1 & 4.21381-3, 28146-1.2, 4 & 5, 22432-2, 24317-1.25499-1 & 2, AND 25500-3. This item was pulled from the Consent Calendar and added to the Closed Session Agenda.) 5. APPROVAL OF A REVISED COOPERATIVE AGREEMENT FOR TRAFFIC SIGNAL IMPROVEMENTS FRED WARING DRIVE. 6. ADOPTION OF RESOLUTION ALLOWING TEMPORARY CLOSURE OF AVENIDA BERMUDAS BETWEEN CALLE NOGALES AND CALLE ARROBA ON MARCH 23, 1996. FOR THE SECOND ANNUAL GREATER COACHELLA VALLEY SOAP BOX DERBY IN COMPLIANCE WITH MINOR TEMPORARY OUTDOOR EVENT 96- 115, SUBJECT TO CONDITIONS. APPLICANT: LUCIA MORAN, SOAP BOX DERBY COORDINATOR. 7. APPROVAL OF CITY BANK CREDIT CARD POLICY. 8. APPROVAL OF OVERNIGHT TRAVEL FOR TWO MEMBERS OF THE INVESTMENT ADVISORY BOARD AND THE FINANCE DIRECTOR TO ATTEND A CALIFORNIA MUNICIPAL TREASURERS CONFERENCE IN MONTEREY. CALIFORNIA, APRIL 23-27, 1996. 9. APPROVAL OF CHANGE IN LOCAL AGENCY INVESTMENT FUND ACCOUNTS DUE TO FIRST INTERSTATE/WELLS FARGO BANK MERGER. 10. APPROVAL OF FINAL MAP 28034 AND SUBDIVISION AGREEMENT SOUTH VALLEY ESTATES. MOTION It was moved by Council Members Sniff/Adolph to approve the Consent Calendar as amended and recommended with the exception of Item No. 4 and Item No. 10 and then with Item No. 6 being approved by RESOLUTION NO.96-14. Motion carried unanimously. MINUTE ORDER NO. 96-43. Item No. 10: Mr. Cosper, Public Works Director, advised that on March 8, 1996, staff received a request from Mr. Klein to reduce the securities on Tract 28034 from $120,000 to $96,000. He was informed that an executed agreement and replacement bonds wouLd be needed by March 8th in order to process it for the March 1 9th Council meeting. However, the documents were not submitted until March 13th which was too late for the documents to be reviewed and processed. A partial review of the project indicates that the final map, parcel BIB] 05-20-1996-U01 12:31:32PM-U01 CCMIN-U02 03-U02 19-U02 1996-U02 * City CounciL Minutes 13 March 19, 1996 map, and improvements plans have not yet been submitted in CAD format per the conditions of approval; and the validity of the security bonds must be verified by staff. Staff has worked diligently with Mr. Klein to meet his needs by reducing the security bonds and resolving some modification issues. In response to Mayor Holt, Mr. Cosper advised that staff is prepared to place this item on the agenda for April 2, 1996. Council Member Perkins believes that the City should be developer-friendly whenever possible and asked if the Council could approve the tract subject to completion per the City Engineer. Ms. Honeywell, City Attorney, advised that it could be approved subject to completion provided the City Engineer can give Council the basic terms, otherwise the Council would be delegating their legislative abilities too far. Council Member Sniff felt that it would be inappropriate at the present time to approve the tract given the existing uncertainties and he suggested that it be continued to April 2, 1996. MOTION It was moved by Council Members Sniff/Perkins to continue Consent Calendar Item No.10 Approval of Final Map 28034) to April 2, 1996. Motion carried unanimously. Council concurred on taking up Department Report B-i at this time. DEPARTMENT REPORTS B-i. REVIEW OF CONFLICT OF INTEREST ISSUES. Ms. Honeywell, City Attorney, advised that the staff report contains an analysis of possible types of conflicts of interest that could arise in the future due to the Mayor's recent marriage to a Council Member from the City of lndio. She advised that the report concludes that no incompatibility of office exists in this situation and the Political Reform Act would not normally have any applicability due to the exemption for income received from a public entity; that the Political Reform Act does provide the ability for local conflict codes; that there is an existence of a common law conflict that is applicable to personal" conflicts as opposed to the Political Reform Act which works solely with financial" interests and she advised that these are reviewed by the individual involved and exercised on a case-by-case basis. In regard to Government Code Section 1090, she advised that it would be unusual for contracts between the BIB] 05-20-1996-U01 12:31:32PM-U01 CCMIN-U02 03-U02 19-U02 1996-U02 *City Council Minutes 14 March 19, 1996 two cities to be prohibited because the rule of necessity would intervene and allow such contracts to go forward with a simple abstention. In response to Mayor Holt, Ms. Honeywell advised that she may move from her present home and buy or rent elsewhere as long as she continues to reside in La Quinta. Council Member Perkins asked what constitutes residency requirements. Ms. Honeywell advised that two different issues are involved, residency and domicile. Elected officials must be registered to vote in the jurisdiction they represent in order to meet residency requirements and that can only be done in an individual's domicile. However, during a review of an individual's domicile, the Attorney General looks at many different types of evidences such as mailing and phone addresses, but the primary evidence is the individual's intent that that jurisdiction be their domicile even though they may not reside there on a continual basis Within the Attorney General's Office, there's a strong public policy against using technicalities to discourage the public from becoming elected officials. Therefore, the argument is that there's an assumption that an individual's domicile is as stated unless there's a very large amount of evidence to the contrary. Council Member Sniff wished to make it clear that this is not a personal issue, but rather an issue of reality and perception. He felt that the Mayor should publicly declare that she will not participate in any closed session wherein economic development or litigation issues are discussed that directly or indirectly involve the City of lndio or potentially affect the City of lndio in a meaningful manner since such discussions will be a major part ot the Council's closed sessions and the opportunity for the Council to speak candidly is important. Without such a statement, he felt that the Council should consider adopting a policy to deal with the concerns of the Council and the community. Council Member Perkins referred to the criteria that some type of personal gain must exist for there to be a conflict of interest and his concern was with mythical conflicts of interest that some might believe exist between the two cities. He felt that it's important for any appearance of conflict of interest to be discouraged because of the tendency for constituents to sometimes draw conclusions without knowing all of the details. He believed that it's important for the Mayor to make a public commitment to abstain from any appearance of a conflict of interest. In response to Council Member Adolph, Ms. Honeywell advised that the Council may adopt additional conflict of interest regulations if they wish, but BIB] 05-20-1996-U01 12:31:32PM-U01 CCMIN-U02 03-U02 19-U02 1996-U02 *City Council Minutes 15 March 19, 1996 pointed out that it's not necessary if they're comfortable with the common law regulations. In response to Council Member Henderson, Ms. Honeywell advised that income received from a public. entity is not considered income for purposes of the Political Reform Act analysis and the employee designation by the IRS is not relevant to the discussion of conflict of interest. Prior to the Political Reform Act of 1 974 setting specific guidelines in regards to conflicts of interest, common law case history was used to determine such conflicts. She felt that both should be utilized to review the current situation. Mayor Holt advised that her actions to marry a Council Member from a neighboring city is not illegal according to a statement from the Fair Political Practices Commission and the City Attorney. She advised that she would continue being conservative in abstaining from the appearance of any conflict of interest on a case-by-case basis as she has in the past and will ask the City Attorney for advice in determining the appropriateness of her participation, pointing out that her integrity regarding abstentions from conflicts of interest has never been questioned by the Council. She felt that the potential for conflict of interest exists for all Council Members since a large part of what they do is perception. She pointed out that any action taken by the Council could be construed as favoritism whenever a Council Member or spouse is involved in a community organization that benefits from that action. She will continue using her highest degree of integrity when participating in the issues before the Council because of her high concern for the community. Council Member Sniff stated that he was prepared to accept the Mayor's statement that she will step aside on issues that relate directly to lndio regarding economic development or litigation, pointing out that additional policies could be adopted in the future should the Council deem it necessary. Council Member Perkins advised that he would accept the Mayor's statement and hoped that it would address any of the concerns that the Council or community had. Council Member Henderson felt that it was important for the Council to discuss this issue and to now move forward. She felt that the community should feel comfortable addressing their questions before the Council openly at any time. Council Member Adolph was also pleased with the Mayor's statement and felt that the Council would support her under those constraints. BIB] 05-20-1996-U01 12:31:32PM-U01 CCMIN-U02 03-U02 19-U02 1996-U02 *City Council?Minutes 16 March 19, 1996 STUDY SESSION DISCUSSION OF LANDSCAPE DESIGN CONCEPT FOR THE MEDIAN ISLANDS ON EISENHOWER DRIVE FROM AVENUE 50 TO COACHELLA DRIVE. Mr. Cosper, Public Works Director, described the design concept for the median located on Eisenhower Drive from Avenue 50 to Coachella Drive and advised that KSL would provide up to $25,000 for the project in order to carry out the landscaping theme of the La Quinta Resort and Club on a portion of the median. The remaining portion of the median will have a desert theme. The resort hotel theme" will include dedicated spaces for future art exhibits, turf, Italian Cypress trees, accent lighting, Mediterranean and Mexican Fan Palms, flowering pear trees, stamped-colored concrete, and ground flower areas. The desert theme" will be located north of Avenida Fernando and consist of desert-type landscaping, stamped concrete, and accent lighting. He advised that $157,500 has been budgeted for this project, including $25,000 from KSL who is required to prepare an analysis of landscape maintenance and construction costs. The differential cost for maintaining these facilities over and above normal maintenance costs will be paid by KSL and included in the Contract Services Agreement. KSL will also reimburse the City for any construction costs over the budgeted amount The design concept has been reviewed and approved by the Art in Public Places Commission and Planning Commission. He advised that the Council's comments would be utilized to prepare the plans, specifications, and engineer's estimate for this project and that it would be brought back to Council for approval prior to advertising for bids. In response to Council Member Perkins, Mr. Cosper advised that the high maintenance of the cypress trees would be addressed in the agreement with KSL. In response to Council Member Adolph, Mr. Cosper advised that the median is approximately 12 feet wide. The span of the palo verde trees is not expected to be a problem since they will be trimmed on an annual basis. In response to Council Member Henderson, Mr. Cosper advised that maintenance costs for this project were anticipated in the Landscape & Lighting Assessment District, but those costs will not come on line until midway through the fiscal year. In response to Council Member Sniff, Mr. Cosper advised that the project would be completed in approximately six months and could be completed in two phases to keep from planting during the summer. BIB] 05-20-1996-U01 12:31:32PM-U01 CCMIN-U02 03-U02 19-U02 1996-U02 *City Council Minutes 17 March 19, 1996 Council concurred on directing staff to move forward. Council concurred on taking up Session Study Item No.3 at this time for the purpose of receiving public comment. 3. DISCUSSION OF CITY BOARDS. COMMISSIONS, AND COMMITTEES. Ms. B. J. Seaton, 79-650 Buttercup Lane, advised that she was speaking for herself and not as a Parks & Recreation Commission member. She stated that she has served on various commissions of the City for a number of years and believes that some of the commissions should be consolidated. She felt that better Council direction should be provided to the commissions and suggested the establishment of a cabinet" consisting of the chairpersons from each commission for the purpose of meeting directly with the Council to receive input. See Page 20 for the remainder of Study Session Item No.2. 2. DISCUSSION REGARDING CHARTER CITY. Mr. Weiss, Assistant City Manager, advised that the charter city concept is an opportunity for the Council to develop a constitution and by-laws by which the City would conduct its operations. He advised that there are a number of areas wherein the Council could establish greater control over local municipal interests as a charter city. He reviewed the advantages and disadvantages outlined in the staff report, advising that the disadvantages can be mitigated either by the type of charter document that?s adopted or by limiting the aggressiveness by which it implements the charter. He advised that charter documents can be detailed or generalized. Most of the older charter cities have more-detailed charters due to the issues that may have caused them to become charter cities in the beginning and to the amendments that were added over a period of time. He advised that a more-detailed document tends to limit the City?s ability to accomplish its objectives. He then reviewed the tentative time schedule contained in the staff report and the alternatives for Council?s consideration. In response to Mayor Holt, Ms. Honeywell, City Attorney, advised that the current trend of the courts has been to uphold the local ordinances that charter cities have adopted, but the area of greatest interest at the present time is the authority redevelopment agencies have under charter cities. A charter can BIB] 05-20-1996-U01 12:31:32PM-U01 CCMIN-U02 03-U02 19-U02 1996-U02 *City Council Minutes 18 March 19, 1996 affirmatively declare the Agency's ability to directly stimulate economic growth as opposed to a general law city that must deal with more regulations. Council Member Perkins felt that as a charter city, La Quinta would be able to provide more local jobs for local people and that's why he has encouraged it. It would also provide the City with some protection from State mandates. He felt that a broad charter would eliminate the need for frequent amendments and supported moving forward with it. He preferred having staff prepare the charter as opposed to appointing an ad hoc committee. Mayor Holt was also in support of moving forward with this. Council Member Sniff felt that it was a positive move. However, he felt that the idea of being protected from State mandates should be taken advisably and didn't believe that total protection exists. He also questioned the ability to completely mitigate the disadvantages. He agreed that a broad charter would be best and that an ad hoc committee wouldn't be necessary. However, he felt that staff should work with Council Member Perkins on this due to his past experience with a charter city and wished to be involved himself. He was in support of moving forward in an expeditious manner to get this on the November ballot and believed that if the Council supports it, the issue will pass. Council Member Henderson supported it and felt that the negatives could be overcome. Council Member Adolph felt that it was a good idea and supported the draft of a simple charter. He was impressed with the manner in which the City of San Marcos related the pros and cons of a charter to their constituents and hoped that a similar fact sheet would be given to the residents of La Quinta. Council Member Perkins advised that he would be willing to work with staff on an informal basis, but not as a committee member because he felt that the ultimate decision to approve or disapprove the proposed charter should be made by the Council as a whole, without any Council Member having served on the committee that drafts it. He complimented the City Attorney and the Assistant City Manager for their work on this issue. Council recessed to Closed Session to and until the hour of 7:00 p.m. BIB] 05-20-1996-U01 12:31:32PM-U01 CCMIN-U02 03-U02 19-U02 1996-U02 * City Council Minutes 19 March 19, 1 99e CLOSED SESSION 1 Conference with City's property negotiator pursuant to Government Code Section 54956.8. concerning potential terms and conditions of acquisition and/or disposition of real property located at the southeast corner of Simon Drive and Highway 111. Property owner negotiator: Richard Gattis 2. Evaluation of Council-appointed position City Clerk, pursuant to Government Code Section 54957.6. 7:00P.M. PUBLIC COMMENT None PUBLIC HEARINGS 1. STREET VACATION 96-028 A PORTION OF THE AVENIDA CORTEZ RIGHT- OF-WAY BETWEEN CALLE SINALOA AND AVENIDA MONTEZUMA. Mr. Cosper, Public Works Director, advised that the proposed vacation is for a portion of Avenida Cortez between Calle Sinaloa and Avenida Montezuma with the property reverting back to the three original property owners. He advised that two of the property owners on the east side of Avenida Cortez have signed grant deeds for dedicated lands to the property owners on the west side of the street because of an existing 20-foot utility easement in the middle of the street. In response to Council Member Perkins, Mr. Cosper advised that all concerns of the property owners have been addressed and the utility easement will be retained by Coachella Valley Water District. The Mayor declared the PUBLIC HEARING OPEN. There being no one wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. RESOLUTION NO.96-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA. CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 96-315 PREPARED FOR STREET VACATION 96-028. BIB] 05-20-1996-U01 12:31:32PM-U01 CCMIN-U02 03-U02 19-U02 1996-U02 *City CounciL?Minutes 20 March 19,1996 It was moved by Council Members Sniff/Adolph to adopt Resolution No.96-i 5 as submitted. Motion carried unanimously. RESOLUTION NO. 96-?6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA. CALIFORNIA. VACATING PORTIONS OF THE AVENIDA CORTEZ STREET RIGHT-OF-WAY IN THE SANTA CARMELITA AT VALE LA QUINTA SUBDIVISION, UNIT NO.2 It was moved by Council Members Sniff/Adolph to adopt Resolution No.96-16 as submitted. Motion carried unanimously. 2. TENTATIVE TRACT MAP 27224 REQUEST FOR A ONE-YEAR TIME EXTENSION FOR 98 SINGLE-FAMILY SUBDIVISION LOTS ON 40 ACRES ON THE EAST SIDE OF MADISON STREET. MILE SOUTH OF AVENUE 54 IN AN R-1. 10,000" ZONING DISTRICT." APPLICANT: ELLIOT/POLIAK FAMILIES. Mr. Herman, Community Development Director, advised that the request is for a one-year time extension for Tract 27224. The Council approved the tract map for a two-year period in January, 1992 and it was extended two additional years by State legislation. The property is zoned R-1, 10,000' and the lots range from 10,000 to 13,000 sq. ft. On February 27, 1996, the Planning Commission recommended approval of the time extension. He advised that Condition No.58 will be eliminated if a general plan amendment to remove the Rural Residential Overlay" designation is approved by the Council on April 2nd. The Mayor declared the PUBLIC HEARING OPEN. Mr. Mike Smith, 35-325 Date Palm Drive, Cathedral City, of Warner Engineering, advised that they are in agreement with all of the conditions and are available for questions. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. BIB] 05-20-1996-U01 12:31:32PM-U01 CCMIN-U02 03-U02 19-U02 1996-U02 *City CounciL?Minutes 21 March 19,1996 RESOLUTION NO.96-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION FOR TENTATIVE TRACT 27224 1ST EXTENSION) TO ALLOW A 98-LOT SINGLE-FAMILY RESIDENTIAL LAND SALES SUBDIVISION ON APPROXIMATELY 40 ACRES. It was moved by Council Members Sniff/Adolph to adopt Resolution No.96-17 as submitted. Motion carried unanimously. STUDY SESSION......................continued 3. DISCUSSION OF CITY BOARDS. COMMISSIONS, & COMMITTEES. continued Mr. Weiss, Assistant City Manager, advised that information about each of the City's Boards, Commissions, and Committees is contained in the staff report along with an estimated cost of staff time. He briefly reviewed the chargeable duties of each commission, pointing out that sometimes their purpose and duties overlap each other such as the Art in Public Places Commission and the Cultural Commission who both focus on art. He also reviewed possible consolidation scenarios such as combining the Art in Public Places Commission and Cultural Commission, combining the Human Services Commission and Parks & Recreation Commission, reconfiguring the Youth Advisory Committee as a subcommittee of the Parks/Human Services Commission, and combining the Volunteer Advisory Board with the Kidsline Advisory Board. Ms. Kathryn Hull, 77-260 Calle Chillon, speaking as a private citizen, encouraged the Council to consider how to best maintain a balance in the citizen's interests, economic development, business and residential development, as well as healthy growth and development in the City during their review of the City's commissions. She believed that through qualified commission representatives, a well-rounded, stable base for community input could be provided. She felt that it's imperative for appropriate commissions to independently exist for the purpose of addressing the community's needs through recommendations to the Council. She also felt that the City would grow in a beneficial manner with a well-balanced plan wherein each area of concern is addressed thoroughly. Council Member Sniff questioned the cost estimates of the commissions, pointing out that many of them meet more than once a month. BIB] 05-20-1996-U01 12:31:32PM-U01 CCMIN-U02 03-U02 19-U02 1996-U02 *City Council?minutes 22 March 19,1996 Mr. Genovese, City. Manager, advised that the commissions held more meetings during their early establishment, but are expected to meet on a more regular basis in the future if they continue. In response to Mayor Holt, Ms. Nicholson, Parks & Recreation Director, advised that the Youth Advisory Committee did not meet last year. Council Member Henderson pointed out that there are 45 active members on the commissions, excluding the Planning Commission, and that City Clerk and City Attorney costs are not included in the $1 16,000 amount listed in the staff report. She expressed strong concern about the duplication of efforts, sources, and resources should be stopped. Council Member Adolph felt that some of the commissions should be consolidated, but was concerned that some of the duties might not receive due process which could affect the City's results. He felt that the design and architecture of the City was affected when the duties of the Design Review Board were turned over to the Planning Commission as it is not handled to the same degree as it was before. He was concerned that the proper direction be taken, but would support the recommendation made by staff in the staff report. Council Member Perkins advised that he had supported the elimination of the Design Review Board when they were eliminated because he felt that their recommendations were based on personal preference and not necessarily the wishes of the community wasn't opposed to public involvement, but was concerned about going overboard and felt that the City's staff was insufficient to support the current number of commissions. He felt that it might be necessary to keep the Historic Preservation Commission to retain State certification. He preferred having five members on the Planning Commission instead of seven, felt that a Traffic Committee should be appointed on an as- needed basis, and was opposed to commissions appointing subcommittees without Council approval. His greatest concern was the amount of staff time required by these commissions and wished to see them consolidated down to six. Mr. Genovese, City Manager, advised that the Building & Construction Appeals Board is mandated by the State and that the Traffic Committee consists of professionals who meet on an as-needed basis as set up through the Municipal Code. Council Member Sniff pointed out that the purpose of establishing the commissions was to get the citizens involved as much as possible as well as BIB] 05-20-1996-U01 12:31:32PM-U01 CCMIN-U02 03-U02 19-U02 1996-U02 *City Council Minutes 23 March 19,1996 expand the City?s horizons and he felt that it would be difficult to decide which members to keep if the commissions are consolidated. He wasn't sure that it would be well received or productive and felt that the general similarities wouldn't necessarily be specific ones. He didn't believe that the Art in Public Places and Cultural Commissions were necessarily compatible, pointing out that the scope of the APP is basically narrow. He wasn't totally in favor of terminating some of the commissions and felt that the community was in support of having them. He suggested that the commissions be given a firm focus with a real sense of purpose and a limited work plan. Council Member Henderson pointed out that the commission memberships would decrease by natural attrition through resignations and as terms expire. She felt that the broad scope of the commissions has gotten out of hand because the expanded memberships were having a hard time focusing and that the memberships were increased because the Council was having a hard time making appointments with so many qualified applicants. She felt that the commissioners would be happier if their goals were combined and they were able to see their achievement. She believed that the Council needs to review the ordinances and the goals of the commissions and suggested that this issue be dealt with in June during budget deliberations, pointing out that a number of the terms expire at that time. She suggested that in the interim, staff continue working on a consolidation plan wherein the commissions could have work plans, but realistic ones. Mayor Holt believed that the commissions have worked hard to be focused and have a purpose. She supported some consolidation, but was concerned that too much would affect the commissioners ability to accomplish their goals. She, too, felt that the Art in Public Places Commission should remain separated from the other commissions and suggested combining the Parks & Recreation and Cultural Commissions and placing the Kidsline, Youth Advisory Committee, and Volunteer Advisory Board as subcommittees under the Human Services Commission. Council Member Perkins felt that attrition would be the best way to handle reductions in the commission memberships. He felt that the purpose of the Cultural Commission when it was formed was to coordinate all of the City?s cultural events as an umbrella commission, including the Art in Public Places Commission. He was concerned that all of the commissions could end up being retained if everyones' personal idea of what should be kept separate is done. He felt that the number of commissions and people involved take up too much staff time. BIB] 05-20-1996-U01 12:31:32PM-U01 CCMIN-U02 03-U02 19-U02 1996-U02 *City Council?Minutes 24 March 19, 1996 Mayor Holt suggested asking the commissioners for input on how some of the commissions could be consolidated. Council Member Henderson didn't have a problem with that as long as the Council doesn't feel that those recommendations have to be accepted. Council Member Sniff advised that they might consider recreating the Community Services Commission under a different name and slightly different form, with two components instead of three. He supported the idea of getting input from the commissioners. Council Member Perkins read an excerpt from the Art in Public Places Commission ordinance relating to its relationship with the cultural affairs of the City and suggested that this matter be brought back at a later date. Council Member Henderson felt that staff should have a clearer direction from Council before ending this discussion. She felt that the ordinance for the Art in Public Places Commission should be revised to reduce the membership to five and deleting the recommendations for appointments from the Arts Foundation.. Council Member Perkins wasn't sure that it would be beneficial to receive input from the commissioners. Mayor Holt suggested that staff bring back several consolidation scenarios for Council's consideration. Council Member Adolph suggested bringing back the associated costs and look at ways to expedite project reviews by the various? commissions. In response to Council Member Henderson, Mr. Genovese advised that staff would look at potential areas of duplication. Council Member Sniff reiterated that he believed the commissioners should have an opportunity to give their input and possibly submit a summary of their efforts. Council Member Henderson felt that the Council has already received that information through the minutes of the various commissions, but was willing to allow their input further as long as the Council agrees to make a firm decision when it's brought back. Mayor Holt agreed. BIB] 05-20-1996-U01 12:31:32PM-U01 CCMIN-U02 03-U02 19-U02 1996-U02 *City Council?Minutes 25 March 19, 1996 Council Member Adolph felt that it's important for the commissioners to know that the Council intends to handle any membership deletions through attrition only. Mr. Genovese advised that staff would look at specific duplications, solicit feedback from the commissions, examine ways to refine costs, and look at all of the terms on each commission. Council concurred that the Planning Commission and Investment Advisory Board should not be included in this review except to possibly reduce the membership on the Investment Advisory Board to five. REPORTS AND INFORMATIONAL ITEMS All reports were noted and filed. DEPARTMENT REPORTS...................CONTINUED A-i. STATUS REPORT ON SOLID WASTE FRANCHISE NEGOTIATIONS WITH WASTE MANAGEMENT OF THE DESERT. Mr. Weiss, Assistant City Manager, advised that the firm of EcoNomics would be assisting the City in negotiations with Waste Management of the Desert who?s current waste franchise agreement expires on June 30, 1996. He advised that enhancements found in other cities' contracts have been itemized for the purpose of negotiating a new agreement. In response to Council Member Adolph, Mr. Weiss advised that five years is typical for a waste franchise agreement. EcoNomics has been retained because of the many changes in State law and the significant revisions in the contracts of other cities. The EcoNomics contract is on a time-and-materials basis with staff handling the negotiations as much as possible. In response to Council Member Adolph, Ms. Honeywell, City Attorney, advised that becoming a charter city does not affect AB 939 regulations. Mayor Holt was concerned about a conflict of interest since EcoNomics has submitted a proposal for the City?s AB 939 mandates. BIB] 05-20-1996-U01 12:31:32PM-U01 CCMIN-U02 03-U02 19-U02 1996-U02 *City Council?Minutes 26 March 19, 1996 Council Member Henderson was disappointed that waste franchise negotiations wasn't tied into the AB939 mandates. Mr. Genovese, City Manager, advised that the two issues were separated because the RFP for the AB 939 mandates was a cooperative effort with other cities. Council Member Henderson felt that it could?d have been addressed under a separate level of the AB 939 contract. In response to Council Member Henderson, Ms. Honeywell felt that distribution of an RFP for a waste management hauler during the negotiations would send out too strong of a signal to the community that the City anticipates opening up the franchise process to everyone. Council Member Sniff asked if the City Attorney would be involved with the negotiations on a continual basis to which Mr. Weiss responded yes. Council Member Sniff then questioned why EcoNomics would be drafting contract language for the City Attorney to review. Mr. Genovese advised that in areas of specialization, it's common to have technical people write the language and have the attorney review it. In response to Mayor Holt, Mr. Genovese advised that, if the Council Wishes, staff could model the franchise agreement after those of other cities, making adjustments wherever needed, rather than use the services of a consultant. Council Member Sniff was in favor of that because it wound?d save the City money. He was also concerned about the City Attorney simply review!ng a contract that would be modeled after another cities contract, but yet drafted by the consultant?s attorney In response to Council Member Sniff, Mr. Genovese advised that the City Attorney, City Manager, and Assistant City Manager would be working with the consultant in negotiations if a consultant is used. In response to Mayor Ho?t, Mr. Genovese advised that it would probably save to use City staff instead of a consultant, but time constraints could be a problem. Council Member Sniff asked for a status report at the next meeting, including potential modifications. BIB] 05-20-1996-U01 12:31:32PM-U01 CCMIN-U02 03-U02 19-U02 1996-U02 *City Council?Minutes 27 March 19, 1996 Mayor Holt advised that she's always been in favor of contracting work Out when it's cost effective to do so, rather than place too great a burden on staff, but she, too, had some concerns with this. Council Member Sniff was concerned about having EcoNomics involved in too many of the waste matters G-1. RECREATION ATTENDANCE REPORT FOR THE MONTH OF FEBRUARY. 1996. Ms. Nicholson, Parks & Recreation Director, gave a brief report on Parks & Recreation activities and in response to Council Member Henderson, she advised that the City is sponsoring their own Easter Egg Hunt event this year, but would be looking to coordinate efforts with C. V. Recreation & Park District next year. In response to Council Member Adolph, Ms. Nicholson advised that on March 1st, staff met with representatives from the Public Works Department, C. V. Recreation & Park District, and the school district to discuss the different agencies' responsibilities regarding the maintenance of the Sports Complex ballfields and a draft document has been prepared. MAYOR AND COUNCIL MEMBERS' ITEMS Mayor Holt asked the City Attorney for confirmation that the Brown Act, as of January, 1995, requires Mayor and Council Members' Items to be listed on the agenda. Ms. Honeywell advised that it actually falls under the normal requirements of the Brown Act that any item should be listed on the agenda prior to any action being taken which is why that section is listed on the agenda. She advised however, that Council Members have a?right, just as the public does under public comment, to bring up a new issue for future consideration as an agenda item. She advised that a limited discussion can be treated like a public comment, but cautioned that the discussion should be limited if it's not listed on the agenda. * * * * * * * * * * * * * * * * * * * * Council Member Perkins asked staff to examine the possibility of awarding a bonus when a public work contract is completed ahead of schedule as well as charging a penalty when it's delayed. BIB] 05-20-1996-U01 12:31:32PM-U01 CCMIN-U02 03-U02 19-U02 1996-U02 *City Council?Minutes 28 March 19, 1996 Council recessed to Closed Session as delineated on Page 18 and to the Redevelopment Agency meeting. Council reconvened with no decision being made which requires reporting pursuant to Section 54957.1 of the Government Code Brown Act). There being no further business, the meeting was adjourned. Respectfully submitted, SAUNDRA JUHOLA, City Clerk City of La Quinta, California BIB] 05-20-1996-U01 12:31:32PM-U01 CCMIN-U02 03-U02 19-U02 1996-U02