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1994 04 19 CC Minutes LA QUINTA CITY COUNCIL MINLYTES APRIL 19, 1994 Regular meeting of the La Quinta City Council was called to order at 3:00P.M. by Mayor Pena followed by the Pledge of Allegiance. PRESENT: Council Members Bangerter, Mccartney, Perkins, Sniff, Mayor Pena ABSENT: None CONFIRMATION OF AGENDA Mr. Hunt, City Manager, stated that Council was given two supplemental reports relative to Business Session Items 3 & 4. Council Member Mccartney distributed a discussion item to the Council and asked that it be added under Mayor and Council Members' Items. APPROVAL OF MINUTES MOTION It was moved by Council Members McCartney/Bangerter that the Minutes of April 5, 1994 be approved as submitted. Motion carried unanimously. ANNOUNCEMENTS None PRESENTATIONS None PUBLIC COMMENT Seth Ettinger, 78-720 Ave. La Fonda, commented on the beauty of La Quinta and its growth and felt that in 1994 the City should place more interest in undergrounding the utilities and asked to hear from the Council in the near fliture relating to this matter. BIB] 01-13-96-U01 03:16:42PM-U01 CCMIN041994-U02 City Council Minutes 2 April 19, 1994 WRITTEN CORRESPONDENCE a. Letter from July 4th Greater Desert Fireworks. Council Member Sniff felt that no action should be taken as it's too difficult to determine if it has real value to the residents of La Quinta. He preferred to use our resources on things that we can absolutely demonstrate the value of. Council concurred. BUSINESS SESSION 1. CONSIDERATION OF SPECIAL ADVERTISING DEVICE 94-044 FOR APPROVAL OF A TEMPORARY ADVERTISING BANNER FOR THE BASKIN ROBBINS STORE AT 78-520 HIGHWAY 111 WITHIN THE ONE ELEVEN LA QUINTA CENTER. Mr. Sawa, Principal Planner, advised that Baskin Robbins has requested a temporary banner measuring 6 ft. by 2 ft. for a six-week period. He stated that the application complies with applicable requirements, and staff recommended approval of this request subject to the findings and conditions as delineated in the staff report. Council Member Bangerter asked if there will be an $80 sign permit fee, because we have been waiving the fee for new businesses. Council Member Perkins suggested approving the application waiving the $80 permit fee. Council Member Sniff had no objection to waiving fees? but believed that a realistic, consistent policy needs to be established to deal with reoccurring requests, because at some point in time, fees should be charged. He suggested that temporary sign permit fees could be waived for the first two years of business. Council Member Perkins agreed that a time limit should be set. Mayor Pena suggested approving this application with the deletion of Condition No.4 and direct staff to return with a policy reflecting the issues discussed. Council Member Mccartney stated that he, too, supported new businesses and felt that the first six-months is the most critical. After the first year of business. it will most likely succeed or fail, therefore, he felt waiving the fee for two years would be too lengthy. BIB] 01-13-96-U01 03:16:42PM-U01 CCMIN041994-U02 City Council Minute? 3 April 19,1994 MOTION It was moved by Council Members SnifflMcCartney to approve Special Advertising Device 94-044, permitting a temporary banner for the Baskin Robbins ice cream shop at 78-520 Highway 111, subject to the attached recommended Findings and Conditions of Approval Attachrnent 1) excepting Condition No.4. Council Member Mccartney stated that he supported this request because it is a banner and not an object suspended in midair. Motion carried unanimously. MINUTE ORDER NO.94-90. 2. APPROVAL OF COOPERATIVE AGREEMENT WITH DESERT SANDS UNIFIED SCHOOL DISTRICT REGARDING RECONSTRUCTION OF THE ADAMS STREET/DUNE PALMS ROAD WHITEWATER CHANNEL CROSSING. Mr. Cosper, Public Works Director, advised that the issue before the Council is to consider a Cooperative Agreement with the Desert Sands Unified School District DSUSD) to reconstruct Adams Street and Dune Palms Road crossings which were destroyed in the 1993 rainstorms. Mr. Cosper advised that both projects have been delayed pending Federal Emergency Management Agency FEMA) contributions to the project. He noted that the school district recently received their first installment for payments and the City has received partial payments. The agreement is a cooperative effort to construct the crossings prior to September 1, 1994. This is a critical date because the new high school is scheduled to open on September 8th, and Adams Street crossing is the primary route to the high school from Highway 111. He explained that the City will complete the design of the two crossings and the school district through the high school construction contractor will construct the crossings. The City will be responsible for costs associated with the Dune Palms Road crossing, and the DSUSD will be responsible for costs associated with the Adams Street crossing. The estimated cost to the City is $62,500. Council Member Sniff felt that we should be looking for a permanent solution rather than a short-term interim solution, because the high school will be producing an enormous amount of traffic. Therefore, this matter should be considered a primary issue when planning and looking to the future. In response to Council Member Bangerter, Mr. Cosper advised that with a dry-stream crossing, the road could be once again, washed out during a rainstorm. In response to Council Member Perkins, Mr. Cosper stated that he was unable to give an exact figure on the flow of water that could damage the crossing. However, any significant amount of rainfall will cause some damage to the street. He stated that they BIB] 01-13-96-U01 03:16:42PM-U01 CCMIN041994-U02 City Council Minute? 4 April 19, 1994 intend on designing the street so that the structure can be added on to at a later date with a more permanent structure so that the costs incurred at this time will not be wasted in the future. In response to Council Member McCartney, Mr. Cosper stated that the agreement allows the City to hav? inspectors on site. If the contractor does not meet specifications, the inspectors can meet with the appropriate personnel at the school district to resolve the problem. RESOLUTION NO.94-31 RESOLUTION OF TIlE CITY COUNCIL OF LA QUINTA DETERMINING THAT THE USE OF AGENCY FUNDS FOR PUBLIC IMPROVEMENTS IS OF PUBLIC BENEFIT TO THE REDEVELOPMENT PROJECT AND THE IMMEDIATE NEIGHBORHOOD IN WHICH THE PROJECT IS LOCATED AND DETERMINING THAT THERE ARE NO OTHER REASONABLE MEANS OF FINANCING SAID PUBLIC IMPROVEMENTS. It was moved by Council Members Sniff/Bangerter that Resolution No.94-31 be adopted as submitted. Motion carried unanimously. MOTION It was moved by Council Members Sniff/McCartney to approve the Cooperative Agreement for the Design and Construction of roadway improvements of portions of Adams Street and Dune Palms Road and authorize the Mayor to sign the agreement. Motion carried unanimously. MINUTE ORDER NO.94-91. MOTION It was moved by Council Members SnifflMccartney to appropriate $43,000 in Disaster Assistance Funds for this project. Motion carried unanimously. MINTE ORDER NO.94-92. 3. CONSIDERATION OF CONTRACT CHANGE ORDER AND APPROPRIATION FOR LA QUINTA SENIOR CENTER CONSTRUCTION PROJECT. Mr. Genovese, Ass't. City Manager, advised that construction began on the Senior Center early this fiscal year, and the building contract is currently 65-70% complete. He stated that in the staff report, there is a breakdown of the estimated costs relating to the project from June 30, 1993 through completion of the project. He explained that the budgeted amount in FY 1993-94 for the project was approximately $1842778. It is anti?pated that the project costs will be $1,992,778. He stated that the additional costs would be covered from the transfer of available funds in the Civic Center construction project account that had not been utilized because the project was completed, and from recently prograrnmed funds from the CDBG Year 20 funds and reprogrammed funds BIB] 01-13-96-U01 03:16:42PM-U01 CCMIN041994-U02 City Council Minutes 5 April 19, 1994 from a previous fiscal year. Council Member McCartney asked why the cost of the fire alarm service and inspection was not Included in a building of this size. Mr. Cosper advised that the most expensive issue which has recently come to light is the voice-activated alarm system which the Fire Marshal has indicated is a necessary requirement for the improvements in the Senior Center. He stated that they are seeking clarification as to when and why it's required and why this particular building. In response to Council Member McCartney, Mr. Cosper advised that it is customary for liD to charge a service fee of $10,000. In response to Council Member Perkins, Mr. Hartung, Building and Safety Director, advised that fire sprinklers are being installed in the Senior Center. Council Member McCartney referred to the cost of the window covering and stated that he would prefer spending additional money on insulated blinds that would help keep the facility a couple of degrees cooler, thereby producing a substantial savings over a six- month penod. Mr. Genovese stated that this will be considered when the blinds are selected. MOTION It was moved by Council Members Sniff?McCartney to approve Contract Change Order No. 1 Attachment 1) in the amount of $14,094 for water system improvements and authorize a budget transfer from the Civic Center Construction Project to the Senior Center Construction Project in the amount of $90,000. Council Member Sniff stated that the Council made a sacred promise to the seniors and the citizens of La Quinta to complete this project, therefore, he felt that it was imperative that the project move forward and be completed before Christmas. Motion carried unanimously. MINUTE ORDER NO.94-93. 4. CONSIDERATION OF APPOINTMENT TO THE PALM SPRINGS REGIONAL AIRPORT COMMISSION. Mr. Genovese, Ass't. City Manager, advised that the Palm Springs City Council has established a 13-member Commission with a rotational appointment to the Commission. The Cominission's duties will include consideration of long-range plans for the ultimate development of the airport and compiling recommendations regarding improvements to the airport. He explained that there is one rotational seat on the Commission that is to BIB] 01-13-96-U01 03:16:42PM-U01 CCMIN041994-U02 City Council Minutes 6 April 19, 1994 be rotated among the Cities of La Quinta, Indio, Desert Hot Springs, and Coachella, with La Quinta being first in order. Palm Springs has requested that a representative be appointed to the Commission, of which may be an elected official, a staff member, or citizen at large. He noted that two applications have been received to date. Council Member Sniff appreciated Palm Springs' offer, but was not convinced that this would be fully functional or appropriate. He felt by sharing a chair with three other cities would only allow each city to be an effective voting member one-quarter of the time. He asked if the City Attorney has reviewed the ordinance because he did not recall Palm Springs asking for the City's input. Ms. Honeywell, City Attorney, stated that she has reviewed the ordinance, but after it was drafted. Council Member Sniff expressed concern that Palm Springs would have total control because seven members on the Commission are permanent members from Palm Springs; it is mandated in the ordinance that the Chair be a resident of Palm Springs; and only the Chair can appoint subcommittee members. He had no objection with them having a major role, but his concern was that we would basically be a window dressing" one- quarter of the time. Therefore, he questioned the significant value of such an appointment. Mayor Pena felt that this is a good, first positive step to share in the formation of a Commission that will direct the activities at the Palm Springs Regional Airport. Re stated that the issues raised by Council Member Sniff have merit and can be addressed once we're on the Commission. He wished to see us on an equal footing with the other cities, especially if money becomes an issue. Council Member Perkins stated that in his experience, he has never known a city to share the same seat with other jurisdictions and expressed his dissatisfaction. Re commented that this is a regional airport and we are contributing financially to the success of the airport, therefore, he felt we should have an equal say. Re had no problem with Palm Springs having seven members on the board provided that each city have a representative. He could not understand Palm Springs reasoning and questioned whether we would receive any benefit or have a voice. Mayor Pena believed that each city would be rotating on a yearly basis. Should the Council decide to appoint a representative for La Quinta, it would give us an opportunity to express our concerns. Council Member Sniff felt that we should express our concerns up-front while the Commission is still in the formation stage. If this is a regional airport, then it should be considered and dealt with as a regional airport. He believed that all the cities deriving BIB] 01-13-96-U01 03:16:42PM-U01 CCMIN041994-U02 City Council Minutes 7 April 19, 1994 value and contributing to the value of the airport should have a voice on a consistent basis. Council Member Bangerter supported the formation of this Commission, and felt that it might make a difference if these concerns and desires were expressed before it is formed. She felt that we should have more of a say and the Commission members should be increased. Council Member Perkins stated that we need to express our strong desire to participate and that the Commission be formed in a fair manner. Council Member McCartney concurred with the Council and felt that we should not be On a Commission when we're not considered to be a regular member. We should be appointed to the Commission for the same number of years as the other Commission members. He suggested contacting the other cities to find out their feelings relative to this matter. MOTION It was moved by Council Members Sniff/Bangerter to direct staff to prepare a letter based on Council's comments and forward it to Palm Springs expressing these concerns with copies being forwarded to the other cities potentially sharing this seat. Motion carried unanimously. MINUTE ORDER NO.94-94. Council Member Perkins asked that the two applications be retained and that the applicants be contacted when a decision has been made. 5. CONSIDERATION OF RESOLUTION IN SUPPORT OF EXPANDING THE SANTA ROSA MOUNTAINS NATIONAL SCENIC AREA TO INCLUDE UNITED STATES FOREST SERVICE LANDS. Mr. Genovese, Ass't. City Manager, advised that correspondence has been received from the Coachella Valley Mountains Conservancy requesting the adoption of a resolution supporting expansion of the Santa Rosa Mountains National Scenic Area to include United Forest Service Lands. Mayor Pena commented that many citizens ride mountain bicycles in this designated area and expressed concern that the provisions under the National Scenic Area may prohibit the use of mountain bicycles and restrict it to foot traffic. Mr. enovese stated that staff will research this flirther and report back. Council Member Sniff stated that he attended the meeting and did not recall any comments of that nature. He suggested continuing this item until the next Council BIB] 01-13-96-U01 03:16:42PM-U01 CCMIN041994-U02 City Council Minutes 8 April 19, 1994 meeting so staff can research this turther. Council Member McCartney referred to the staff report and asked if any properties within the City would be affected, particularly the 240 acres at the top of the Cove. Mr. Genovese believed that there would be property south of the City, but not within the City limits he wasn't sure of the 240 acres. Mayor Pena suggested that staff provide a map of the affected area. Council Member Mccartney supported this request, however, we should know how this will affect us before making a decision. MOTION It was moved by Council Members Sniff/McCartney to continue this item Santa Rosa Mountains National Scenic Area) to the first meeting in May. Motion carried unanimously. M?UTE ORDER NO.94-95. 6. CONSIDERATION OF REQUEST FOR FINANCIAL ASSISTANCE FROM COACHELLA VALLEY YOUTH, INC. Mr. Genovese, Ass't. City Manager, stated that the Coachella Valley Youth, Inc. contacted the Council on September 9, 1993 requesting financial assistance. As directed by Council, the organization has sent additional correspondence requesting a specified amount of $1,000. Council Member Sniff felt an element of uncertainty with this request. He believed that this is a worthy cause which should be passed at this time. They could reapply during the next fiscal year when the new program is in effect. Mayor Pena stated that the organization could apply through our grant process which would require more detailed infortination. Council Member McCartney agreed and stated that he wished to have the applicants present their request in person and answer whatever questions the Council may have. The fact that they have not been available by phone left him with much uncertainty about allocating the funds. Council concurred in not taking any action and directed staff to forward a letter stating that no action was taken. BIB] 01-13-96-U01 03:16:42PM-U01 CCMIN041994-U02 City Council Minutes 9 April 19, 1994 CONSENT CALENDAR Relative to Item No.3, Council Member Bangerter asked if she should abstain from this issue and Ms. Honeywell, City Attorney, advised that she should do so. Consent Item No. 3 was pulled and made Business Session No.7. BUSINESS SESSION..........continued 7. APPROVAL OF CONTRACT CHANGE ORDER FOR INSTALLATION OF PRESSURE MANHOLE TO STORM DRAIN SYSTEM WITHIN PHASE V COVE IMPROVEMENTS PROJECT NO.92-i. Mayor Pena and Council Member Bangerter abstained due to conflicts of interest and left the dais. Mr. Cosper, Public Works Director, advised that the issue before the Council is the approval of Change Order No.4 consisting of the installation of a pressure manhole that was added to the project subsequent to CVWD's review of the plans. He noted that the funding time-line required the project to be put out to bid, therefore, it was agreed that it be installed at a later date. The original proposal to complete the project was $2S,000, however, the sewer manhole was installed under a force account at a cost of $17,000, which resulted in a savings of $11,000. MOTION It was moved by Council Members McCartney/Perkins to approve Contract Change Order No.4 for the installation of a pressure manhole to the storm drain system within the Phase V Cove Improvement Project No.92-i. Motion carried unanimously with Mayor Pena and Council Member Bangerter absent. MINUTE ORDER NO.94- 96. CONSENT CALENDAR............continued 1. APPROVAL OF DEMAND REGISTER DATED APRIL 19, 1994. 2. ACCEPTANCE OF IMPROVEMENTS WITHIN ASSESSMENT DISTRICT 91-1 AREAS B AND C. 3. REMOVED See Business Session No.7). 4. REJECTION OF CLAIM BY ALLSTATE INSURANCE COMPANY ON BEHALF BIB] 01-13-96-U01 03:16:42PM-U01 CCMIN041994-U02 City Council Minutes 10 April 19, 1994 OF THEIR INSURED, KERWIN WHITE, DATE OF LOSS DECEMBER 3, 1993. 5. ADOPTION OF RESOLUTION APPROVING INITIATION OF PROCEEDINGS FOR ASSESSMENT DISTRICT NO. 93 AND THE ASSUMPTION OF JURISDICTION BY THE COACHELLA VALLEY WATER DISTRICT FOR CONSTRUCTION OF SEWER IMPROVEMENTS IN MONTERO ESTATES. 6. APPROVAL OF AMENDMENT TO THE BYLAWS OF THE MAYORS AND COUNCIL MEMBERS CONFERENCE OF RIVERSIDE COUNTY. 7. ADOPTION OF RESOLUTION OF INTENT TO PARTICIPATE IN THE CALIFORNIA HEALTHY CITIES PROJECT. MOTION It was moved by Council Members McCartney?Bangerter to approve the Consent Calendar as arnended with Items No.5 and 7 being adopted by RESOLUTION NOS. 94-32 and 94-33. Motion carried unanimously. MINUTE ORDER NO. 94-96a. STUDY SESSION None DEPARTMENT REPORTS City Attornev Ms. Honeywell, City Attorney, stated that she was directed by the City Council to investigate the City's ability to regulate solicitation. She advised that there is first amendment protection for all types of solicitation, however, the Council has the ability to regulate under time, place, and manner reasonable restrictions. These restrictions may include the process of requiring a permit from those wishing to solicit, but discretion on the issuance of the permit must be clearly stated in an ordinance. She felt that Council may wish to have our current ordinance reviewed for potential revisions and brought back for consideration. Council Member Perkins felt that the City Attorney should proceed further and report back with a workable ordinance to cover this situation. Council Member McCartney concurred. In response to Council Member Sniff, Ms. Honeywell advised that the ordinance would include all types of solicitation including charitable institutions. She pointed out that the California Supreme Court has determined that when a private property interests opens their property to the BIB] 01-13-96-U01 03:16:42PM-U01 CCMIN041994-U02 City Council Minute? 11 April 19, 1994 public, in a shopping center context) and solicits the public to enter, it then becomes a public forum. She commented that the Council may also wish to regulate quasi public/private property areas under our permitting system. In response to Mayor Pena, Ms. Honeywell stated that the Council cannot prevent anyone from soliciting. Basically the only thing the City can do is make sure that solicitors operate in an orderly and reasonable fashion. She stated that solicitors are most likely aware of the regulations that can and cannot be placed on them. Council Member Bangerter commented that a Store owner in La Quinta has posted a sign stating that they do not condone or support the solicitors. She shops at this Store frequently and since the sign was posted, the solicitation has basically stopped. Since these signs apparently work she suggested that we advise other Store owners of their right to do the same. Council Member Sniff commented on the practicality of spending a lot of time on something we have little control of Council Member Perkins felt that to a certain degree the City can control this problem, and we are obligated to the citizens to do so. In further response to Council Member Perkins, Ms. Honeywell.advised that panhandling is also protected and there is a case currently before the Ninth Circuit Court which will be researching this issue further. She suggested a more factual investigation as to the types of solicitation problems the City is experiencing to determine if we have the ability to control them and report back whether or not they can be addressed in an ordinance. Mayor Pena had no problem with requiring a permitting process that establishes reasonable restrictions. Council Member Bangerter asked the City Attorney to include in her research whether something could be done about organizations who solicit their religious orientation or sell articles, to the extent of following customers to their cars. Ms. Honeywell stated that this could be considered a harassment and most likely be could be regulated. Council Member Sniff had no problem with the City Attorney researching this further and obtaining information from the Sheriff's Department or those who could give insight on the current solicitation problems in the City. He asked that the City Attorney submit a brief report at which time the Council can decide if the current ordinance should be modified. BIB] 01-13-96-U01 03:16:42PM-U01 CCMIN041994-U02 City Council Minute? 12 April 19, 1994 Public Works Deuartment Mr. Cosper, Public Works Director, advised that staff met with the District Manager and Assistant District Manager of Coachella Valley Water District CVWD) regarding completion of construction projects in the City of La Quinta. The meeting resulted in an agreement to review projects more in-depth and to cooperate on the plan check effort. He noted that other issues discussed at this meeting were outlined in the staff report. Council Member McCartney commended Mr. Cosper's efforts and the conciseness of his report. He referred to the report which indicated that the City is due approximately $900,000 from CVWD and asked how long the City has been aware of this. Mr. Cosper advised that this is the result of some projects coming to completion. He stated that a few projects have been complete for some time and the amounts due on them are substantially smaller. The biggest project is the Phase V Cove improvements which came to light within the last 30 to 45 days. Council Member McCartney pointed out that the City has been due approximately $63,000 since 1989, and $26,000 since 1990. Therefore, for at least 4 years approximately $90,000 has been due the City from CVWD. He expressed concern about the length of time it has taken the City to notice this amount of money due us. Council Member McCartney further stated that the report indicated that staff has negotiated with CVWD a waiver of water and sewer connection fees for future public improvements, thereby resulting in an approximate savings of $30,000 for the Fritz Burns Park and $30,000 for the Senior Center. He asked how much the City has paid CVWD for these connection fees in the past. Mr. Cosper advised that staff is currently checking to see whether these fees were paid for the Civic Center. The reason the Fritz Burns Park and Senior Center were identified is because cost constraints were involved with both of these projects, and when staff asked about payment of the fees, CVWD was very cooperative. He advised that staff will follow-up on other projects in which fees may have been paid in the past. Council Member McCartney wished to obtain some historical information on CVWD due to the fact that they are suddenly waiving fees which have not been done in the past. Mayor Pena suggested contacting the Imperial Irrigation District liD) about waiving certain fees also. BIB] 01-13-96-U01 03:16:42PM-U01 CCMIN041994-U02 City Council Minutes 13 April 19, 1994 MAYOR AND COUNCIL MEMBERS' ITEMS REPORT ON MEETING WITH CITY OF INDIO COUNCIL MEMBERS. Council Member Perkins stated that he and Council Member Bangerter met with two members of the Indio City Council and City Manager for lunch. He felt they had a good meeting because they were able to reassess our interest and desire to work with the City of Indio on various projects. Many issues were discussed and how we could work together for the betterment of both Cities, noting that no decisions were made. He was pleased to announce that Indio offered to lend a Vehicle Speed Display for our use. Council Member Bangerter also felt that it was a good luncheon. She enjoyed hearing about the progress Indio is making and the possibilities of sharing and working together. The auto mall was briefly discussed. but their main concern was developing a good working relationship with the City of Indio. There was a brief discussion about recent news articles relating to the auto mall and about signing ajoint ERN. She also noted that the City of Indjo has formed a working committee which we do not have. Council Member Sniff referred to the discussions relative to the auto mall stating that both cities have approved an ERN and have given the developers six months to negotiate. However, he believed that we've gone as far as we can until something substantial is submitted for consideration, as thus far, only concepts have been submitted. He believed that we've always worked cooperatively with other cities and will continue to do so, but this is business and we need to be discussing specific issues rather than concepts. Council Member McCartney felt that this meeting was an excellent idea to help establish better communications with our sister cities. He believed that there are a lot of synergies that could occur; as an example, when one City purchases a large amount of material for construction the other could participate in that purchase. In regards to the auto mall, he may be the most fervent supporter, but he needs to know what it is before he can be fervently supportive of it. When the concept of the auto mall becomes more defined, we should then be seriously considering it. Until then, we should continue moving in that direction to the best of our ability, and when the point of recognition has been reached, a decision can then be made. He noted that he is anxiously looking forward to that day. Council Member McCartney stated that at his request the Sheriff's Department has over the past six months been researching the reason for burglaries being on the uprise. Over the past three years they have increased approximately 25% each year. He referred to the notice he distributed to the Council which had been sent to the homeowners at PGA West indicatin? that burglaries have been infrequent in the past, however. there have been eight burglaries this past month. He hoped that during budget review for next year, BIB] 01-13-96-U01 03:16:42PM-U01 CCMIN041994-U02 City Council Minutes 14 April 19.1994 creative ways will be considered to educate the citizens of La Quinta, as well as looking for a solution to ending these burglaries. Council Member Perkins stated that many people living in gated communities have a false sense of security, where in reality a gated community is no safer than the rest of the City. Captain Dye, Riverside County Sheriff's Department, stated that burglaries have always been a major problem throughout the Valley, and with the depressive state of the economy, this problem has increased. He noted that there are approximately 1,400 parolees in Riverside County, a good number of which are professional burglars. When caught, they are placed in jail and then released back to the street or do an abbreviated state prison term. He stated that there would be a 70% reduction in crime if parolees were seriously locked up." They have been successful in keeping the crime rate down for approximately three years, however, those who were sent to prison at that time are currently back on the street committing crimes once again. The target team is aggressively attacking burglaries and doing the best that they can. Council Member Mccartney commended Captain Dye on his efforts and assisting the community. Council recessed to Redevelo?ment A2ency Meetin2. Council reconvened and went into Closed Session. CLOSED SESSION Conference with Legal Counsel concerning potential litigation concerning contract performance with T. I. Maloney pursuant to Government Code Section 54956.9. 2. Conference with Legal Counsel concerning settlement agreement with Burkett and Washington Square pursuant to Government Code Section 54956.9 potential anticipated litigation). 3. Public Employee Evaluation pursuant to Government Code Section 54957. a. City Manager b. Assistant City Manager C. Planning Director d. Parks and Recreation Director Mayor Pef?a left Closed Session at 5.00 P.M. BIB] 01-13-96-U01 03:16:42PM-U01 CCMIN041994-U02 City Council Minutes 15 April 19, 1994 The Council reconvened at 7:10 P.M. Ms. Honeywell, City Attorney, advised that the Council took action under Governrnent Code Section 54956.9 concermng potential litigation with T. I. Maloney where a determination was made to terminate the services contract with BSI for design work on the Fritz Burns Park and negotiate an incentive agreement with T. I. Maloney to complete the constmction design plans for the Fritz Burns Park. PUBLIC COMMENT None PRESENTATIONS None PUBLIC HEARINGS 1. WEED ABATEMENTS/LOT CLEANINGS AND PLACEMENT OF COSTS ON 1994/95 TAX ROLLS: A. John & Elizabeth Musich 646-311-013) $375.00 John & Elizabeth Musich 646-311-014) B. Maria Adorador 646-311-033 $187.50 C. William Betterley 646-312-031 $187.50 D. M. M. Miller 646-313-004 $187.50 E. Anthony Russo 769-066-004 $187.50 F. Lilly Stenbakker 769-135-001 $187.50 G. C. Hunt 769-141-004 $187.50 H. Richard McCormick 769-144-008 $187.50 I. La Quinta Homes 773-124-001) $375.00 La Quinta Homes 773-124-002) J. Harry Raven 773-281-006 $187.50 K. Igor Zatsepin 773-134-019) $1,125.00 Igor Zatsepin 773-134-020) Igor Zatsepin 773-134-021) Igor Zatsepin 773-134-022) Igor Zatsepin 773-134-023) Igor Zatsepin 773-134-024) BIB] 01-13-96-U01 03:16:42PM-U01 CCMIN041994-U02 City Council Minutes 16 April 19, 1994 L. Louis Moore 773-275-009 $187.50 M. Mary K. Hayhoe 774-054-009 $187.50 N. Judy C. Meyers 774-054-010 $187.50 0. William H. Parvis 774-103-005 $187.50 P. P. E. Durkee 774-132-001) $375.00 P. E. Dur?ee 774-132-002) Q. Harmon R?ity Corp. 774-132-014 $187.50 R. San Fernando Airport 774-174-009 $187.50 Mr. Hartung, Building and Safety Director, advised that John and Elizabeth Musich and Maria Adorador Items A and B) have paid their bills and asked that an amended resolution be adopted. Mayor Pro Tern Bangerter declared the PUBLIC HEARING OPEN. There being no one wishing to speak, the PUBLIC HEARING WAS CLOSED. RESOLUTION NO.94-34 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/Perkins that Resolution No.94-34 be adopted as amended. Motion carried unanimously with Mayor Pena absent. Council recessed until 8:30 m. at which time they went into Closed Session. Mayor Pena re-joined the meeting at 8:30 P.M. CLOSED SESSION 8:30 P.M. Public Employee Evaluation pursuant to Government Code Section 54957. a. City Manager b. Assistant City Manager C. Planning Director d. Parks and Recreation Director BIB] 01-13-96-U01 03:16:42PM-U01 CCMIN041994-U02 City Council Minutes 17 April 19.1994 The Council reconvened to ouen session. Ms. Honeywell, City Attorney, advised that the City Council has concluded a Closed Session under Government Code 54957 Personnel and has deternimed not to renew the City Manager's contract and has directed the City Attorney to prepare a terrnination notice pursuant to code provisions and the said notice to be prepared and delivered as of April 20, 1994. The City Council has also determined pursuant to its Municipal Code to appoint the Assistant City Manager as Acting City Manager for the current time. There being no further business, the meeting was adjourned upon motion by Council Members BangerterlMcCartney and carried unanimously. Respectfully submitted City of La Quinta California BIB] 01-13-96-U01 03:16:42PM-U01 CCMIN041994-U02