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1994 12 06 CC Minutes LA QUINTA CITY COUNCIL MINUTES December 6, 1994 Regular meeting of the La Quinta City Council on December 6, 1994 was called to order at the hour of 3:00 p.m. by Mayor Pena, followed by the Pledge of Allegiance. PRESENT: Council Members Bangerter, Perkins, Sniff, Mayor Pena ABSENT: Council Member McCartney MOTION It was moved by Council Members Perkins/Bangerter to excuse Council Member McCartney. Motion carried unanimously. CONFIRMATION OF AGENDA Mr. Genovese, City Manager, requested that Business Item No. 4 be continued until the December 20 meeting to allow staff time to review submitted information and the applicant time to provide further required, updated information. Mr. Genovese advised that Closed Session Item No.3 should be changed from two to seven cases. MOTION It was moved by Council Members Sniff/Bangerter to remove Business Item No. 4 and to amend Closed Session Item No. 3, from two to seven cases. Motion carried unanimously. APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/Bangerter to approve the City Council Minutes of November 15, 1994 and November 17, 1994 as submitted. Motion carried unanimously. ANNOUNCEMENTS Mrs. Juhola, Administrative Services Director, announced that La Quinta's Senior Center dedication and Holiday Open House will be held on Thursday, December 15th, at 11:00a.m. PRESENTATIONS Mayor Pena presented John Freeland, Senior Engineer, with a plaque expressing the City's appreciation for being chosen Employee of the Month for the month of November. BIB] 01-19-96-U01 04:15:45PM-U01 CCMIN120694-U02 City Council Minutes 2 December 6, 1994 Mayor Pena presented Pam Stull, Secretary II, with a plaque expressing the City's appreciation for being chosen Employee of the Month for the month of December. Ms. Barbara Cousins, representative of Riverside County Library in La Quinta, presented Council with a thank-you card on behalf of the children of La Quinta for the books made available through the Community Services Grant. Ms. Carolyn Lair, executive director of the La Quinta Arts Foundation, presented a report of the Fine Crafts, Wine and All That Jazz event held November 11-13 that attracted approximately 12,000 people. The children's programs were very popular. She invited the Council to the Foundation's Christmas Open House on December 16 from 4:30 to 6:30 p.m. and presented a Fine Crafts, Wine and All That Jazz poster to the City. In response to Council Member Perkins, Ms. Susan Francis, advised that the event's name was selected at a committee meeting in the summer of 91 Out of a desire to have a name that encompassed all three elements of the event. PUBLIC COMMENT Mr. Robert Tyler, 44-215 Villeta Drive, thanked the Council for the recent pool survey. He felt it's an excellent method to solicit input from the community and suggested the same process be used for the auto-mall project since most of the discussions concerning that issue have transpired during closed session and not much information is available to the public. He also suggested installation of additional bulletin boards in the northern area of the City and the PGA West area for posting of official City notices for broader public notification. Council Member Sniff advised that the Council previously discussed the possibility of installing additional bulletin boards to keep the residents informed and suggested that staff investigate proposed sites. Mayor Pena concurred and advised that there will be an update on the auto mall at the Indio Mayor's Breakfast. BIB] 01-19-96-U01 04:15:45PM-U01 CCMIN120694-U02 City Council Minutes 3 December 6, 1994 WRITTEN CORRESPONDENCE a. LETTER FROM MICHAEL MCCARTNEY RESIGNING FROM THE CITY COUNCIL EFFECTIVE JANUARY 3, 1995. MOTION It was moved by Council Members Sniff/Bangerter to receive and file Council Member McCartney's resigna?ion letter dated November 15, 1994. Motion carried unanimously. MINUTE ORDER NO.94-257. Mayor Pena asked he City Clerk to present the Council with the available options for filling the vacancy at the next meeting. BUSINESS SESSION 1. CONSIDERATION OF RESOLUTION ACCEIII'ING A LA QUINTA MIDDLE SCHOOL DONATION FROM MAKE-A-DIFFERENCE DAY FOR THE HIGH ADVENTURE PROGRAM. Mr. Bohlen, Parks & Recreation Director, advised that some La Quinta Middle School students participated in a walk-a-thon during Make-A-Difference Day? and they are donating $394 from the raised funds to the Parks & Recreation Department's High Adventure Program. He introduced the class teacher, Ms. Reasor. Ms. Reasor. sixth-grade teacher at La Quinta Middle School, presented Council with a check for $394. She advised that national Make-A-Difference Day? was held on October 22nd, and 26 students in her class participated in the event. She introduced two of the participating students who were top walkers, Chelsey Brewer and Albert Holguin. RESOLUTION NO.94-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEIII'ING GIFT OF FUNDS TO SUBSIDIZE YOUTH PARTICIPATION IN THE HIGH ADVENTURE PROGRAM. It was moved by Council Members Sniff/Bangerter to adopt Resolution No.94-74 as submitted. Motion carried unanimously. 2. CONSIDERATION OF CULTURAL AFFAIRS COMMISSION REVIEW OF LA QUINTA ARTS FOUNDATION'S MONTEZUMA-SITE PROPOSAL. Mr. Bohien, Parks & Recreation Director, advised that on October 18, 1994, the Council referred a proposal by the La Quinta Arts Foundation for locating an art and cultural BIB] 01-19-96-U01 04:15:45PM-U01 CCMIN120694-U02 City Council Minutes 4 December 6, 1994 center on Avenida Montezuma to the Cultural Affairs Commission CAC) for review. The CAC recommends that the Arts Foundation be allowed to proceed with their concept for a center for the arts at the Avenida Montezuma site, with the Arts Foundation acting as the lead agency and the City of La Quinta as a partner. In response to Mayor Pen?a, Mr. Bohien advised that the CAC did not indicate who should purchase the additional five lots for the theater annex. Council Member Perkins felt that the theater should be large enough to accommodate usage by all the City's cultural arts organizations. He liked the location, but wasn't sure it was large enough. Mayor Pena expressed concern that all organizations have access to the center. He believed that could be a concern if the Arts Foundation is going to lund the project. Council Member Sniff believed that a 500-seat theater is appropriate and the Montezuma site should be sufficient if a two-story building is constructed. He filly supported the concept and believed it should move forward with deliberate dispatch. He didn't believe there is any cause to think that any organization would be excluded from use of the center just because the Arts Foundation acts as the lead agency. He felt that the City's only contribution to the center should be a long-term lease. MOTION It was moved by Council Members Sniff/Bangerter to receive and file a recommendation of the Cultural Affairs Commission and further direct appropriate City staff to continue negotiations with the La Quinta Arts Foundation on their proposal. Motion carried unanimously. MINUTE ORDER NO.94-258. 3. CONSIDERATION OF RECOMMENDATION OF CULTURAL AFFAIRS COMMISSION REGARDING CHILDREN'S DISCOVERY MUSEUM'S REQUEST FOR FUNDING PARTICIPATION. Mr. Bohlen. Parks & Recreation Director, advised that on October 18, 1994, the Council referred a letter from the Children's Discovery Museum to the Cultural Affairs Commission CAC) for review. The Children's Museum had requested allocation of $200 to subsidize an unlimited number of La Quinta residents wishing to view the children's art exhibit at the museum entitled Discover My World." The exhibit begins on December 10th and a specific viewing day for La Quinta residents may be designated by the City. The CAC recommends that the $200 be allocated from the Council's Special Contingency Fund. BIB] 01-19-96-U01 04:15:45PM-U01 CCMIN120694-U02 City Council Minutes 5 December 6, 1994 MOTION It was moved by Council Members Sniff/Bangerter to approve the lunding request by the Children's Museum for $200 from the Special Contingency Fund, to subsidize the La Quinta residents viewing of the Discover My World" art-by-children exhibiton a day to be designated as La Quinta Day at the Museum." In response to Council Member Bangerter, Mr. Bohlen advised that staff will work with the museum staff to set a La Quinta viewing date, possibly in January. Motion carried unanimously. MINUTE ORDER NO.94-259. 4. CONSIDERATION OF REQUEST BY AIRTOUCH CELLULAR TO LOCATE A MONOPOLE AT THE SPORTS COMPLEX. Mr. Genovese, City Manager, advised that the applicant has requested a continuance to January 17, 1995. MOTION It was moved by Council Members Sniff/Bangerter to continue the request by AirTouch Cellular to January 17, 1995. Motion carried unanimously. MINUTE ORDER NO.94-260. 5. CONSIDERATION OF SPECIAL ADVERTISING DEVICE 94-056 FOR APPROVAL OF EIGHT 8) TEMPORARY FLAGPOLES FOR THE RANCHO OCOTILLO PROJECT EAST OF ADAMS STREET AND SOUTH OF FRED WARING DRIVE. APPLICANT: DENNIS CUNNINGHAM. Mr. Herman, Community Development Director, advised that the applicant's request for eight temporary flagpoles complies with the City's recently-adopted policy. Mr. Robert Tyler, 44-215 Villeta Drive, asked if the request for eight flags will be in addition to the existing nine flags. He expressed dissatisfaction with the number of off- site directional signs erected by Century Homes and asked if they have permits for all of them. In response to Mayor Pena, Mr. Herman advised that the applicant's existing flags have expired and will be taken down; if approved, the requested eight flags are all that will remain. He advised that off-site directional signs are permitted during construction. The one at the corner of Fred Waring Drive and Adams Street and one at the Rancho Ocotillo project entrance are permitted as well as the one at Topaz. Council Member Perkins felt that signs are being erected without permits and requested staff to investigate the number of off-site directional signs. BIB] 01-19-96-U01 04:15:45PM-U01 CCMIN120694-U02 City Council Minutes 6 December 6, 1994 In response to Council Member Perkins. Ms. Honeywell, City Attorney, advised that any temporary flags approved prior to the City's new policy will have the length of time they were granted when approved. Century Homes is not allowed to erect the additional eight flags until the previous flags are removed. Council Member Perkins requested code enforcement staff to investigate the number of flags along Miles Avenue and Washington Street to find out if any unpermitted flags are there. Mr. Genovese, City Manager, advised that staff reviews these regularly and citations are issued for illegal signs and flags. In response to Mayor Pena, Ms. Honeywell advised that there is a legal process to follow before the City can remove unpermitted signs. In response to Mayor Pena, Mr. Hartung, Building & Safety Director, advised that the City imposes a storage fee when they remove signs. Mayor Peija suggested that the City consider charging a punitive fine as well. MOTION It was moved by Council Members Sniff/Bangerter to approve Special Advertising Device 94-056 permitting eight temporary flagpoles for the Rancho Ocotillo project subject to findings and conditions of approval. Motion carried unanimously. MINUTE ORDER NO.94-261. 6. CONSIDERATION OF A FIRST, TIME EXTENSION FOR PUBLIC-USE PERMIT 93-015 TO ATTACH ANTENNA EQUIPMENT TO AN EXISTING TOWER FOR CELLULAR TELEPHONE COMMUNICATIONS AND TO CONSTRUCT A 484- SQUARE FOOT EQUIPMENT STRUCTURE LOCATED AT THE I.I.D. SUBSTATION AT 81-600 AVENUE 58. APPLICANT: AIRTOUCH. Mr. Herman, Community Development Director, advised that Public-Use Permit 93-015 was approved on September 21, 1993 for one year and subject to two additional one-year time extensions. The request is for the first, one-year time extension and staff recommended approval, subject to the original findings and conditions. Council Member Sniff asked what caused the delay in the project. Mr. Hardy Strozier, representative of AirTouch Cellular, responded that the delay was due to lease negotiations with the District, but advised that the lease is now signed and they are ready to request building permits from the City. BIB] 01-19-96-U01 04:15:45PM-U01 CCMIN120694-U02 City Council Minutes 7 December 6, 1994 MOTION It was moved by Council Members Sniff/Bangerter to approve Public-Use Permit 93-015 Time-Extension No. I, subject to conditions of approval. Motion carried unanimously. MINUTE ORDER NO.94-262. 7. CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AREA #1) IN ACCORDANCE WITH SECTION 33333.6 OF THE COMMUNITY REDEVELOPMENT LAW. Ms. Honeywell. City Attorney, advised that AB 1290 states that there must be an overall effective date-limit, not more than 40 years from the date of the adoption of the original plan, and no debt to be incurred from 20 years from the original date of adoption of he plan. Both redevelopment plans have earlier expiration dates so there is no change in the effective date of the plan: however, it does impose an earlier limit for incurring debt than originally stated in the plans. MOTION It was moved by Council Members Sniff/Bangerter to take up Ordinance No. 25? by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO.258 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AREA NO.1 IN ACCORDANCE WITH SECTION 33333.6 OF THE COMMUNITY REDEVELOPMENT LAW. It was moved by Council Members Sniff/Bangerter to introduce Ordinance No.258 on first reading. Motion carried by the following vote: AYES: Council Members Bangerter, Perkins. Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: Council Member McCartney 8. ADOPTION OF AN ORDINANCE AMENDING THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AREA #2) IN ACCORDANCE WITH SECTION 33333.6 OF THE COMMUNITY REDEVELOPMENT LAW. BIB] 01-19-96-U01 04:15:45PM-U01 CCMIN120694-U02 City Council Minutes 8 December 6, 1994 MOTION It was moved by Council Members Sniff/Bangerter to take up Ordinance No. 259 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO.259 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AREA NO.2 IN ACCORDANCE WITH SECTION 33333.6 OF THE COMMUNITY REDEVELOPMENT LAW. It was moved by Council Members Sniff/Bangerter to introduce Ordinance No.259 on first reading. Motion carried by the following vote: AYES: Council Members Bangerter, Perkins, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: Council Member McCartney 9. CONSIDERATION OF A WORKING COMMITTEE FOR THE SUBDIVISION ORDINANCE REVISION PROJECT. Mr. Cosper, Public Works Director, advised that on November 15, 1994, Council discussed the possibility of establishing a working committee for the formulation of the subdivision ordinance. The Planning Commission has submitted their recommendations for inclusion on the committee. He asked Council to direct staff in the remaining appointments to the committee. Mayor Pena suggested adding Chris Clarke as well as some general-contractors. Council Member Sniff preferred Alternative 3 of the staff report in which all names On the list will be invited. Mayor Pen-a suggested that everyone on the list be invited to a scoping meeting. Mr. Cosper advised that staff's intention with Alternative No. 3 is to conduct two scoping meetings. The purpose of the first meeting will be to obtain input from those in attendance, and a draft will be submitted for review at a second meeting a few months later. A staff report will then be prepared for Council, noting which suggestions could be incorporated and which ones could not. Mayor Pena suggested the Chamber of Commerce be contacted to gain names from their network. BIB] 01-19-96-U01 04:15:45PM-U01 CCMIN120694-U02 City Council Minutes 9 December 6,1994 MOTION It was moved by Council Members Sniff/Bangerter to recommend Alternative No.3 to staff, including the suggestions from Council, and direct them to proceed. Motion carried unanimously. MINUTE ORDER NO.94-263. 10. CONSIDERATION OF APPROVAL OF SPECIFICATIONS FOR CITYWIDE STREET-PAINTING PROGRAM AND AUTHORIZE STAFF TO RECEIVE BIDS. Mr. Cosper, Public Works Director, advised that staff is requesting authorization to receive bids for restriping, primarily, the City's arterial and major collector streets. This is the initial program for the overall street-maintenance program scheduled to be presented to Council in March, 1995, but work will not begin until July, 1995 when funding is available. The purpose in receiving bids in January is to expedite the process in July, 1995 because the striping in the streets is fading and could pose a liability to the City. He advised that staff prepared the drawings and most of the engineering on this project, noting it is one of the first projects to be done in-house. The engineer's estimate for the project is $22,000. Council Member Perkins asked if staff has considered contracting with neighboring cities in this project. Mr. Cosper advised that the City of Indio was contacted, but they have not responded. Part of La Quinta's street-maintenance program next year will be to look at costs to purchase maintenance equipment with which the City's maintenance staff could handle some street repairs in-house and possibly include neighboring cities. In response to Mayor Pena, Mr. Cosper advised that staff received bid specifications from the City of Palm Desert and he assumes they also put their street maintenance out to bid. La Quinta's maintenance staff did do the City's street-legend painting stop signs, arrows, and cross bars) this year. Mayor Pena suggested that these kind of costs could be discussed at CVAG for regional cooperation. Mr. Cosper advised that staff is trying to secure the use of Indio's patch truck to do localized patching and crack sealing. Council Member Sniff felt that private enterprise may be able to do the work less- expensively than the City, but was not opposed to exploring the idea of handling the work in-house. Council Member Perkins advised that he totally supports private enterprise, but believed the Council is responsible for finding the most cost-effective means to handle City projects. Perhaps by sharing equipment and costs with neighboring cities, the City's cost BIB] 01-19-96-U01 04:15:45PM-U01 CCMIN120694-U02 City Council Minutes 10 December 6, 1994 could be reduced. Private enterprise should not be supported at the expense of taxpayers. In response to Council Member Bangerter, Mr. Cosper advised that the intent of the proposed bid specification is to Contract with a contractor to completely finish the project. During the street-maintenance program next year, staff will identify which of the street-maintenance activities will be most cost-effectively done in-house. Slurry sealing and the proposed street-striping is typically done more cost-effectively through a bid process, especially if cities join together in the bid effort, because the larger?the bid the more economical it is. Council Member Perkins expressed concern that the left-hand-turn lanes are too short and asked Mr. Cosper to take that into consideration when restriping the streets. Mr. Cosper advised that he is addressing that issue. MOTION It was moved by Council Members Sniff/Perkins to approve specifications for citywide street-painting program and authorize staff to receive bids. Motion carried unammously. MINUTE ORDER NO.94-264. 11. CONSIDERATION OF AMENDMENT TO THE MUNICIPAL CODE ADOFFING REGULATIONS PERTAINING TO FALSE ACTIVATIONS OF FIRE ALARMS. Mr. Hartung, Building & Safety Director, advised that the ordinance will establish a false fire-alarm fee and provide a financial incentive for fire-alarm users to make sure their fire-alarm system is operating effectively. In response to Council Member Perkins, Mr. Hartung advised that the false alarms are from automatic systems. They are monitored by a Station which then calls the fire station. MOTION It was moved by Council Members Sniff/Bangerter to take up Ordinance No. 260 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO.260 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING SECTION 11.92 OF THE MUNICIPAL CODE REGULATING FALSE ACTIVATION OF FIRE ALARMS. BIB] 01-19-96-U01 04:15:45PM-U01 CCMIN120694-U02 City Council Minutes 11 December 6, 1994 It was moved by Council Members Sniff/Bangerter to adopt Ordinance No. 260 on first reading. Motion carried by the following vote: AYES: Council Members Bangerter, Perkins, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: Council Member Mccartney RESOLUTION NO.94-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ESTABLISHING SERVICE FEES FOR EXCESSIVE FALSE ACTIVATIONS OF FIRE ALARMS. It was moved by Council Members Sniff/Bangerter to adopt Resolution No.94-75 as submitted. Motion carried unanimously. 12. CONSIDERATION OF AMENDMENT TO CHAPTER 2.60 OF THE MUNICIPAL CODE RELATIVE TO CONFLICTS OF INTEREST. Ms. Honeywell, City Attorney, advised that the City is adopting the State Code by reference, so that any changes made by the State will automatically be included. Included also are amendments in the designated employees, primarily due to title changes. MOTION It was moved by Council Members Sniff/Bangerter to take up Ordinance No. 261 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO.261 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTION 2.60 OF THE LA QUINTA MUNICIPAL CODE THE CITY'S CONFLICT OF INTEREST CODE. It was moved by Council Members Sniff/Bangerter to adopt Ordinance No.261 on first reading. Motion carried by the following vote: AYES: Council Members Bangerter, Perkins, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: Council Member McCartney BIB] 01-19-96-U01 04:15:45PM-U01 CCMIN120694-U02 City Council Minutes 12 December 6, 1994 13. TRANSMITTAL OF TREASURER'S REPORT DATED OCTOBER31, 1994 FOR THE CITY OF LA QUINTA AND THE LA QUINTA FINANCING AUTHORITY. MOTION It was moved by Council Members Sniff/Bangerter to receive and file the Treasurer's Report dated October 31, 1994 for the City of La Quinta. In response to Council Member Perkins, Mr. Genovese, City Manager, explained that *?pooled investments' are funds that are pooled with other agencies in a statewide pool, such as the LAIF fund. They have their investment advisors who make investments based on certain parameters and are aware of the investment guidelines of each city. In response to Council Member Perkins, Ms. Honeywell, City Attorney, advised that Redevelopment Agency funds can be included in these pooled" funds. Council Member Perkins asked if Redevelopment Agency funds and CiLy ftinds are in separate accounts. He understood that the funds are not to be commingled. Ms. Honeywell advised that they are in a separate account in the sense that the accounting department keeps track of what the amounts are. Mr. Genovese advised that the funds are not commingled as it relates to accounting standards. but they are as far as cash is concerned. At LAIF the City maintains two separate accounts for pooled" investments for two reasons; it's easier to separate investments and the LAIF only allows a maximum of $15 million per account. The two accounts allow a total of $30 million in investments. Council Member Perkins stated he gets concerned about commingling City and Redevelopment Agency funds. He asked if City and Redevelopment Agency funds would be commingled in a Certificate of Deposit. Mr. Genovese advised that the accounting department tracks the funds separately, but they could be commingled in the same bank account. Commingled lunds in a pooled bank account could conceivably be used to invest in a Certificate of Deposit. but not the commingled funds in LAIF. Council Member Perkins reiterated that he is uncomfortable with these funds being commingled. Mayor Pena suggested having the City's consultant review the concept and possible problems involved and report to the Council. Mr. Genovese advised that the City could seek the auditor's opinion since the audit is currently being completed. Council concurred. Motion carried unanimously. MINUTE ORDER NO.94-265. BIB] 01-19-96-U01 04:15:45PM-U01 CCMIN120694-U02 City Council Minutes 13 December 6, 1994 MOTION It was moved by Council Members Sniff/Bangerter to receive and file the Treasurer's Report dated October 31, 1994 for the La Quinta Financing Authority. Motion carried unanimously. MINUTE ORDER NO.94-266. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED DECEMBER 6, 1994. 2. APPROVAL OF FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 23935-5, TOPAZ. 3. APPROVAL OF FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT AND ACCEPTANCE OF TEMPORARY DRAINAGE EASEMENT FOR TRACT 26188, TOPAZ. MOTION It was moved by Council Members Sniff/Bangerter to approve the Consent Calendar as recommended. Motion carried unanimously. MINUTE ORDER NO.94- 267. STUDY SESSION None REPORTS AND INFORMATIONAL ITEMS All reports were noted and filed. DEPARTMENT REPORTS Mr. Herman, Community Development Director, advised that Be?y Williams of Williams Development, plans a ground-breaking ceremony on January 5. 1995 at 10:30 a.m. for the affordable-housing project. All other reports were noted and filed. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION OF FRITZ BURNS PARK POOL PROJECT SURVEY. Mayor Pei?a abstained due to a conflict of interest and left the dais. BIB] 01-19-96-U01 04:15:45PM-U01 CCMIN120694-U02 City Council Minutes 14 December 6, 1994 Council Member Perkins, said he was beginning to understand why the pool survey was not returned to the Council for review. He didn't agree with a council member's comment at the last meeting that there was a time-crunch involved with awarding the bid, because he doesn't believe it has to be dealt with as rapidly as some prefer. He referred again to Council's comments at the last meeting about having confidence in the Parks & Recreation staff, but wasn't sure he has the faith necessary, because the survey didn't ask the residents if they want a pool, or are willing to pay for a pool and the maintenance costs involved. He questioned mailing the survey to postal patron" because he knows of five people who didn't receive a questionnaire. He also noted that the survey reported the cost of the pool at $1.8 million, which differs from the $2.1 million estimated by the engineers. He advised that the survey states that the City will need to recoup 50% of the operation costs through user fees which will necessitate 400 users daily. He advised that another comment by a council member at the last meeting was that the proposed funding sources must be used for a pool, but he hasn't seen any documentation to that effect and believed the funds can be used for recreation and/or a pool. He felt that the Palm Royale Park has been delayed because of a lack of funds and these funds could be diverted to that project. He referred to the Minutes of the Parks & Recreation Commission in which Council Member Sniff advised that the Fritz Burns pool is not a done deal..there are concerns regarding financing the project and the operational cost of the pool," but the survey states that the City is" going to have a pool. He felt that the questionnaire is one-sided and wondered how many residents failed to receive one. He didn't have much faith in the questionnaire because the proper questions weren't asked. He was disappointed in the staff for the questionnaire they developed and disappointed in the Council for not wishing to review the questionnaire before it was mailed. In response to Council Member Bangerter. Mr. Bohlen advised that the postal patron" mailing-method was selected through discussions with the post office after advising them that the City wanted every resident to receive a survey. He felt that staff fulfilled their responsibility as directed by Council. Council Member Bangerter felt that the post office is responsible for any undelivered surveys, not staff. She believed that when Council directs staff to do something, the Council owns it and she felt the survey was excellent. She advised that the purpose in directing staff to mail the survey without Council's review was because of the timecrunch and added that the survey is currently being tabulated. Council Member Sniff felt the survey is what the Council requested and believed that staff did a good job. The best the City can expect from this type of survey is a significant sample from the coinmunity, noting a 100%-response was never expected. He felt that staff is not responsible for the post office's failure to distribute the survey BIB] 01-19-96-U01 04:15:45PM-U01 CCMIN120694-U02 City Council Minutes 15 December 6, 1994 to every resident, but understood that over 800 responses were received. He advised that the pool is not a done deal until the bids are acted upon. This project has been discussed for many years with the community strongly indicating that they want an aquatic center in this area of the City. He referred to a letter from Mr. Vossler that indicates the $1 million donation to the City is for an aquatic center. He believed that there are many people in the community who believe that the pool facility is an important asset to the City. He commented that there is no such thing as a perfect decision, but rather the best decision that can be made, based on the bids. He advised that bids have been received with a low of approximately $1.8 million, the estimated cost identified on the survey. He asked staff when consideration of awarding the bid is scheduled to come before the Council. Mr. Genovese, City Manager, advised that the bids will be on the agenda for consideration by Council on December 20th. 2. DISCUSSION REGARDING USE OF THE SENIOR CENTER. Mayor Pena asked if Council had any objection to use of the Senior Center facilities for a continental breakfast for a presentation on Peacebuilders? on December 16th from 8:00 to 9:30 a.m., noting a facility-use policy hasn't yet been established for the Center. Council Member Perkins felt that Council should consider a Senior Center facility-use policy and expressed concern regarding the responsibility for cleaning up after events. He believed that the City's facilities should be used by civic groups whenever possible. Mayor Pena advised that the caterer will be responsible for cleaning after the breakfast. Ms. Honeywell advised that some restrictions might apply to the use of the Senior Center for non-senior activities because CDBG funds were used in its construction. Mrs. Juhola, Administrative Services Director, advised that the law states that Senior Center activities cannot be preempted for other uses and there are no senior activities planned for that time. Council concurred that there was no objection to use of the facilities for the breakfast. Council recessed to Redevelopment Agency meeting. Council reconvened and recessed to Closed Session and until the hour or 7:00 p.m. BIB] 01-19-96-U01 04:15:45PM-U01 CCMIN120694-U02 City Council Minutes 16 December 6, 1994 CLOSED SESSION 1. Conference with real property negotiator pursuant to Government Code Section 54956.8 regarding negotiations for proposed commercial development, including price, term of payment for property located at the southwest corner of Highway 111 and Jefferson Street Tim Ealey, negotiator for Midland Properties. 2. Conference with labor negotiator Torn Hartung regarding negotiations with the La Quinta City Employees Association pursuant to Government Code Section 54957.6- Meet and Confer Process. 3 Conference with legal counsel concerning potential initiation of litigation pursuant to Government Code Section 54956.9(C) seven cases. 7:00 P.M. PUBLIC COMMENT None PUBLIC HEARINGS 1. PLOT PLAN 93-495 REVISED) A REQUEST BY SIMON PLAZA, INC. TO APPEAL THE PLANNING COMMISSION'S APPROVAL OF A ONE-YEAR, EXTENSION OF TIME FOR A PREVIOUSLY-APPROVED PROJECT ON 5.6i ACRES ON HIGHWAY 111, EAST OF WASHINGTON STREET. Mr. Herman, Community Development Director, advised that Council received numerous correspondence regarding this issue. Included in the correspondence is a letter from Pomona First Federal, owners of Parcel 6, stating they no longer want their parcel included in this application. Parcel 6 encompasses the proposed corner restaurant at the intersection of Washington Street and Highway 111. The applicant's one-year extension request was approved by the Planning Commission on May 24, 1994, but seven of the conditions of approval were amended. The applicant is appealing the amendments made by the Planning Commission. He advised Council of the following options relating to Pomona Federal Savings: 1. Deny the extension based upon the property depicted on the approved site plan not being controlled by Simon Plaza and lack of applicant's response to Council for requested information. BIB] 01-19-96-U01 04:15:45PM-U01 CCMIN120694-U02 City Council Minutes 17 December 6, 1994 2. Continue the request for time extension for four months, requesting the applicant to redesign the site plan without Parcel 6 and resubmit their application to the Planning Commission within three months. Mr. Mark Moran, 52-385 Madero, development consultant for Simon Plaza, Inc., advised that the applicant is aware of the dispute with Pomona First Federal. The applicant will accept Option No.2 to redesign the project or until such time as there is a disposition on another project proposed to be presented to the City, with a possible opportunity to purchase that parcel. The Mayor declared the PUBLIC HEARING OPEN. Mr. Robert Tyler, 44-215 Villeta, referred to a public hearing notice regarding the corner parcel and asked how that project is related to the Simon Plaza project. Mayor Pena advised that the comer parcel in question is Parcel 6 referred to in the Simon Plaza project and one option before Council is to continue the current request with the exception of Parcel 6, thus requiring the applicant to redesign the project. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. Mayor Pena advised that Council received a fax from Pomona First Federal Just prior to the meeting and that he supported Option No.2. Council Member Sniff concurred believing it to be the most logical option. MOTION It was moved by Council Members Sniff/Bangerter to continue consideration of a time-extension for the approved project for four months with the exception of Parcel 6 and redesign the site plan, excluding Parcel 6, and resubmit to the Planning Commission for review and approval within three months. Motion carried unanimously. MINUTE ORDER NO.94-268. 2. ZONING ORDINANCE AMENDMENT 94-044 TO AMEND CHAPTER 9.145 OF THE LA QUINTA MUNICIPAL CODE RELATING TO HILLSIDE CONSERVATION ZONE AND CHAPTER 9.146 RELATING TO TRANSFER OF DEVELOPMENT RIGHTS. APPLICANT: CITY OF LA QUINTA. Mr. Herman, Community Development Director, advised that the proposed amendments as set forth in the staff report) are needed to allow the ability to transfer density credits to individuals, as well as, to or between parcels of land. This will apply to the Hillside Conservation Zone and the Transfer of Development Rights which will permit density BIB] 01-19-96-U01 04:15:45PM-U01 CCMIN120694-U02 City Council Minutes 18 December 6, 1994 transfers to all residential zones citywide. The Planning Commission recommended the proposed amendments on November 8, 1994. In response to Council Member Bangerter, Mr. Herman advised that when a property owner wishes to transfer the development rights of the property to someone else, it will be reviewed by the City. The Mayor declared the PUBLIC HEARING OPEN. There being no one wishing to speak, the Mayor declared he PUBLIC HEARING CLOSED. RESOLUTION NO.94-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 94-281 PREPARED FOR ZONING ORDINANCE AMENDMENT 94-044. It was moved by Council Members Sniff/Bangerter to adopt Resolution No.94-76 as submitted. Motion carried unanimously. MOTION It was moved by Council Members Sniff/Bangerter to take up Ordinance No. 262 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO.262 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 9.145 AND 9.146 OF THE LA QUINTA MUNICIPAL CODE RELATING TO TRANSFER"ER OF DEVELOPMENT RIGHTS. It was moved by Council Members Sniff/Perkins to adopt Ordinance No.262 on first reading. Motion carried by the following vote: AYES.. Council Members Bangerter, Perkins, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: Council Member McCartney 3. ADOPTION OF A NONDISPOSAL FACILITY ELEMENT, MANDATED BY THE STATE, WHICH IDENTIFIES EXISTING, EXPANSION OF EXISTING, AND PROPOSED WASTE FACILITIES. BIB] 01-19-96-U01 04:15:45PM-U01 CCMIN120694-U02 City Council Minutes 19 December 6, 1994 Mr. Herman, Community Development Director, advised that the Nondisposal Facility Element is mandated by the State relating to AB 939. The Element has been adopted by all the cities in the valley and approved by CVAGs Executive Committee. The Mayor declared the PUBLIC HEARING OPEN. There being no one wishing to speak the Mayor declared the PUBLIC HEARING CLOSED. RESOLUTION NO.94-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOIII'ING THE NONDISPOSAL FACILITY ELEMENT. It was moved by Council Members Sniff/Bangerter to adopt Resolution No.94-77 as submitted. Motion carried unanimously. Council recessed to Redevelopment Agency. Council reconvened and recessed to Closed Session as delineated on Page No.16. Council reconvened with no action being taken. There being no flirther business, the meeting was adjourned. *>?SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California BIB] 01-19-96-U01 04:15:45PM-U01 CCMIN120694-U02