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1993 04 06 CC Minutes! LA QUINTA CITY COUNCIL MINUTES APRIL 6,1993 Regular meeting of the La Quinta City Council was called to order at 3:00 P.M. by Mayor Pena, followed by the Pledge of Allegiance. PRESENT: Council Members Bangerter, McCartney, Perkins, Sniff, Mayor Pena ABSENT: None CONFIRMATION OF AGENDA Ms. Honeywell, City Attorney, asked that a Closed Session item be added under threatened litigation, Government Code Section 54956.9 involving Simon Plaza. MOTION It was moved by Council Members Bangerter/Sniff to add threatened litigation Government Code Section 54956.9 to the Closed Session agenda involving Simon Plaza. Motion carried unanimously. Council Member McCartney asked that Consent Items 3 & 4 be removed and made a part of the Business Session agenda. MOTION It was moved by Council Members McCartney/Bangerter that Consent Items 3 & 4 be made Business Session Nos. 19 & 20. Motion carried unanimously. APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/Bangerter that the Council Minutes of February 26, March 2, March 10, March 11, March 12, March 29, March 31, and April 1, 1993 be approved as submitted. Motion carried unanimously. ANNOUNCEMENTS None PRESENTATIONS Mayor Pena presented Kelly Tropple, Counter Technician in the Building and Safety Department with a plaque expressing the City's appreciation for being named Employee of the Month" for the month of March. BIB] 01-20-96-U01 01:06:02PM-U01 CCMIN040693-U02 !City Council Minutes 2 April 6, 1993 PUBLIC COMMENT Fred Wolff, 77-227 Ensenada, La Quinta, addressed the Council on the matter of usage of the City's xerox machine. He advised that the majority of the work he needs to copy is related to the Bystrice Think Tank project, which is not an official City project, but one in which the City has participated. He was the founder of the City and the first Mayor and said that when he left the City Council the only thing he asked for was perpetual duplicating privileges. He asked that the Council instruct the City Clerk to assign him an access code number so that he doesn't have to continue going to a secretary to have the work done. Audrey Ostrowsky, P.O. Box 351, La Quinta, asked when the sewers and streets will be built around her house. WRITTEN CORRESPONDENCE a. Letter from La Quinta Chamber of Commerce regarding College of the Desert's Regional Business Assistance Center. Ms. LiCalsi, Administrative Analyst, advised that COD was sent the City's standard service agreement and she received it back about two weeks. She held it off, because she understood that the Chamber had some concerns and understands that Ms. Dallas and representatives of COD are meeting tomorrow. She has the signed agreement and insurance certificate ready to transmit to the City Clerk's office. b. Letter from Dolly Cunard's regarding Calle Tampico and Avenida Bermudas improvements. In response to Council, Mr. Speer, Ass't. City Engineer, advised that relative to the Tamp ico improvement project, the contractor has encountered a number of conflicts with utilities, i.e. lID has poles in the way, telephone and cable are in the way and there's a storm drain transition structure which needs reconstruction. As a result of these things, they are unable to proceed with construction as planned. The sewer in Bermudas is a sub-contract and they are ready to proceed. Council Member Bangerter questioned the time-frame involved, noting that this work is causing a real hardship for the businesses in the area. Mr. Speer advised that if the Council approves the change order for the transition structure, they should be able to start at the Desert Club location very quickly. Regarding Tampico, we are at the mercy of liD until they move the poles. The City was BIB] 01-20-96-U01 01:06:02PM-U01 CCMIN040693-U02 ! City Council Minutes 3 April 6, 1993 aware of this problem long before the contract was awarded we made attempts with them to relocate the poles, but they won't do any work until a bid is awarded to assure that the work will be done. The City was then informed that they could put men on the job in early November and that the work would take three weeks. However, it took three weeks just to get the easterly portion complete and we're now waiting for them to complete the westerly portion. Mayor Pena understood that Cunard's and Mario's is looking for a delay so that they can finish the season without further traffic interruption. Mayor Pena advised that Business Sessions 6, 7 & 8 are all related and suggested that Mr. Speer meet with Dolly Cunard and Mario Lalli to try to answer questions and anything that isn't resolved can be discussed when these items come up on the agenda. Council concurred. C. Letter from Carla Klein regarding Sagebrush, Bottlebrush and Saguaro improvements. Council Member Perkins felt that there are points in the letter which needs to be addressed by the City and asked that the Engineering Department take a hard look at the points brought forward and report back to the Council. d. Letter from Robert Tyler, Duane Brecheen, Louis Click & W. Dwight Robb regarding Fred Waring Dr.ILas Vistas Drive intersection. Noted and filed. BUSINESS SESSION CONSIDERATION OF EXTENDING CITY INSURANCE POLICY TO FRIENDS OF TIlE LA QUINTA SENIOR CENTER. Mrs. LiCalsi, Administrative Analyst, advised that the options before the Council run the gamut from encouraging the Friends of La Quinta Senior Center to go out and buy their own insurance to the City buying their insurance and/or to the City providing insurance under the normal liability coverage. Staff is recommending the following: 1. Separate insurance policies to be purchased through the CVJPIA for each special event. The question would be if the City would pay for it or the Fnends. The BIB] 01-20-96-U01 01:06:02PM-U01 CCMIN040693-U02 !City Council Minutes 4 April 6, 1993 cost depends on the event itself it can range from $40 to $750 per event for dollar-one coverage. 2. The City could cover the Friends without any additional premiums under the General Liability the City has with the CVJPIA; however, we have $125,000 deductible. Therefore, each time there was an incident we would be on the hook for the first $125,000. The CVJPIA has given her a quote for an annual premium of between $750 to $1,000 that would buy $1 million worth of General Liability Coverage from dollar-one. Staff's recommendation would be to look at other opt ions and compare prices and that a separate policy be purchased whether the City purchases it or the Friends" purchase it. Council Member Sniff felt that the City should provide the Liability insurance up to $1 million. Mayor Pena concurred on the City paying the General Liability, but looking at the Friends" to provide or share in the cost of the special event coverage which could be paid from the special event proceeds. Council Member Bangerter believed that the City needs to support the Friends" 100% and favored staff researching other insurance companies for special event coverage. Mrs. LiCalsi advised that she would be back at the next meeting with additional options and quotes. MOTION It was moved by Council Members Sniff/Bangerter to direct staff to obtain three additional quotes. Motion carried unanimously. MINUTE ORDER NO.93-78. 2. CONSIDERATION OF AUTHORIZATION TO PROCEED WITH NEGOTIATIONS WITH T. I. MALONEY FOR CONSTRUCTION DRAWINGS FOR PALM ROYALE PARK. Mr. Bohlen, Parks & Recreation Manager, advised that staff and the Community Services Commission wishes to contract with T. I. Maloney to prepare construction documents for Palm Royale Park. He referred to a staff report dated November 2, 1992 in which the Community Services Commission recommended proceeding with the design and construction of this park as soon as possible because the Master Plan indicates there is a 3.72 acre deficit of park land in the north area and second, there are sufficient Quimby Funds to proceed with Phase I. The combination of construction drawings and BIB] 01-20-96-U01 01:06:02PM-U01 CCMIN040693-U02 !City Council Minutes 5 April 6, 1993 design component can reduce the cost when both elements are conducted simultaneously. The Palm Royale Park was budgeted for design and construction during the 1993-94 fiscal year in the CIP, but was dropped for one year due to the demand for funds and the priority of the Fritz Burns Park Project. However, the Commission is still desirous of proceeding because of the perceived need. Mayor Pena expressed concern about having the design and construction drawings prepared and having them sit on a shelf due to lack of construction funds and having those plans become obsolete in time. Mr. Boblen advised that the informal recommendation to the architect has been to go to a two-phase construction project, with the first phase being the flat parcel at the corner of La Palma and Adams and then continue with the development of the retention area as part of Phase lithe following year. They Commission) feel confident that with the balance in the accounts, that we can go forward with Phase I and get playground equipment in and basketball Courts some of the less expensive elements and put off the demand for the enhanced landscaping for later. Mr. Genovese, Interim City Manager, clarified that we currently have approximately $144,O(X) in the CIP that could be expended in the 1993/94 FY. Therefore, other projects would not be affected. Council Member Sniff favored moving ahead with the project especially with it being phased and with there being sufficient funds to do Phase I. He understood that the Community Services Commission has been very concerned about this park. Council Member Mccartney asked if staff is comfortable with the list of City's Responsibilities" and Mr. Bohlen advised that staff intends to conduct further negotiation on those items. MOTION It was moved by Council Members Bangerter/McCartney to authorize staff to proceed with negotiations with T. I. Maloney for construction drawings for the Palm Royale Park in an amount not to exceed $20,000. Motion carried unanimously. MINUTE ORDER NO.93-79. 3. REVIEW OF PRELIMINARY LANDSCAPING PLANS FOR WASHINGTON STREET FRONTAGE ROAD BETWEEN SINGING PALMS DRIVE AND ST. FRANCIS OF ASSISI CHURCH. Mr. Sawa, Principal Planner, presented the preliminary landscape plans for the Washington Street frontage Road between Singing Palms Drive and St. Francis of Assisi Church. The landscaping has been designed to be compatible with the recently-prepared guidelines. The Design Review Board reviewed the plans and their only comment was BIB] 01-20-96-U01 01:06:02PM-U01 CCMIN040693-U02 !City Council Minutes 6 April 6, 1993 that the lawn area should be reduced by about 50%. The Planning Commission also reviewed it and wished to delete all of the lawn area and replace it with low water-use plants and shrubs. Council Member Perkins believed that the lawn looks great, but it is an added expense to maintain and we already have a flooding problem in that area, which, if the water is left on would contribute to it. He favored the recommendation of the Planning Commission. TOM DOCZI, Principal with TKD Associates, 333 No. Palm Canyon Dr., Palm Springs, presented a revised plan which shows a reduction in the turf that would come in contact with the street frontage in accordance with direction from the Design Review Board. In preparing the plant palate, they looked at the landscape design prepared for the Desert Hospital El Mirador project and the Church. Council Member Sniff liked the preliminary plan and liked the turf as long as it's not in a great amount, it blends well with the surrounding area. It represents a blending and balance of low-water and low-maintenance as well as inclusion of turf. He also pointed out that weeds grow without turf. Mayor Pena agreed that the turf blends in well and provides a nice transition. He also pointed out that landscaping without turf is great for water conservation, but is labor intensive, as with turf you can run a mower whereas, low-water landscaping requires manual weeding. MOTION It was moved by Council Members Sniff/Perkins to approve the modified preliminary landscape design for the Washington Street frontage road between Singing Palms Drive and St. Francis of Assisi Church. Motion carried unanimously. MINUTE ORDER NO.93-SO. 4. CONSIDERATION OF APPROVAL OF CONTRACT CHANGE ORDER NO. 54- CIVIC CENTER RADIO COMMUNICATIONS. Mr. Reynolds, Public Works Director, advised that during the design phase of the Civic Center, no provisions were made for the placement of radio antennas, conduit and cable for the radio communications system. The City will provide antennas and the contractor will install them along with 600 lineal feet of conduit and cable. Council expressed concern about this matter not having been brought forward during the design of the building with staff advising that it was over-looked. Council Member McCartney asked if this had been incorporated into the original design, would it have cost less and Mr. Reynolds advised not. BIB] 01-20-96-U01 01:06:02PM-U01 CCMIN040693-U02 ! City Council Minutes 7 April 6, 1993 MOTION It was moved by Council Members Sniff under protest)Iperkins reluctantly) to authorize the City Manager to execute Contract Change Order No.54 in an amount not to exceed a cost of $10,768.00. Motion carried unanimously. MINUTE ORDER NO.93-5. CONSIDERATION OF APPROVAL OF CONTRACT CHANGE ORDER NO.55 CIVIC CENTER ADA SIGNAGE REQUIREMENTS. Mr. Reynolds, Public Works Director, advised that this change order relates to signage to be installed for the benefit of the physically challenged and visually impaired. This change order brings the signage and certain millwork into compliance. Mayor Pena clarified that the ADA was enacted by Congress after the design of the Civic Center was completed. In response to questions by Council, Mr. Reynolds advised that there will be another change order relative to the ADA regarding handrails. The total costs for Change Orders relating to the ADA will be between $50,O00-$60,O00, which is about half of what was originally estimated. In response to Council Member McCartney, Mr Reynolds advised that there has to be a certain style of lettering on the signs. A style that is common is not acceptable under the ADA. MOTION It was moved by Council Members Sniff/Bangerter to authorize the City Manager to execute Contract Change Order 55 in an amount not to exceed $26,322. Motion carried unanimously. MINUTE ORDER NO.93-82. 6. CONSIDERATION OF CONTRACT CHANGE ORDER 92-12-05 FOR REPLACEMENT OF EXISTING 60t STORM DRAIN TRANSITION STRUCTURE. PROJECT 92-12- CALLE TAMPICO IMPROVEMENTS. Mr. Reynolds, Public Works Director, advised that this Change Order requires the reconstruction of a structure based upon erroneous information received from CVWD, which gave the wrong elevation of a man-hole. The Design Engineer went to all the utilities to determine where their underground facilities were located. The law requires utility companies to know with a degree of certainty where their underground utilities are located. The Design Engineer went to CVWD and looked at their as-brnlt drawings of the Desert Club line and from them, he got the invert, which is the flow-line in the man-hole that was going to be closest to the intersection of Desert Club and Tampico. He had a right to rely upon that information. He designed accordingly and found that the storm drain we're installing on Tampico didn't have enough clearance to go over the BIB] 01-20-96-U01 01:06:02PM-U01 CCMIN040693-U02 !City Council Minutes 8 April 6, 1993 box; therefore, it has to be reconstructed. The Design Engineer went to CVWD and asked how they wish to have it reconstructed and we obtained figures for that work. Therefore, the Council may wish to bill the CVWD for this cost. In response to questions by Council, Mr. Reynolds advised that it has been suggested to CVWD that they reimburse the City the cost of this expense and they were not too responsive. He pointed out that regardless who pays the cost, the work must be done in order to proceed with the project. Council discussed the possibility of directing staff to negotiate with CVWD and report back at the next meeting. Council Member Perkins suggested filing a claim agairst CVWD and let them come to the City for negotiations. Council concurred. MOTION It was moved by Council Members Perkins/Bangerter to approve Contract Change Order No.92-12-05 in an amount not to exceed $31,210.00, said funds to come from Account No. 60-5235-111-010 and further that the City file a claim against Coachella Valley Water District for the full amount of the Change Order. Motion carried unanimously. MINUTE ORDER NO.93-83. Council Member Sniff asked if this action will Satisfy the problem and will the changes result in the drain being fully functional and do what it's supposed to do. Joe Kicak, Design Engineer, advised that the system will function as originally designed within the scope of professional engineering. It has been designed for a 500-year storm. 7. CONSIDERATION OF CONTRACT CHANGE ORDER 92-12-06 FOR MODIFICATION TO CONSTRUCTION JOINTS AT STORM DRAIN FACILITIES PROJECT 92-12- CALLE TAMPICO IMPROVEMENTS. Mr. Reynolds, Public Works Director, advised that due to the relatively flat design of the Tampico storm drain system, it is possible that water will leak through the construction joints. In order to erhance the water tightness of this structure, staff is recommending that waterstop material be installed at each construction joint. This, in conjunction with the keying of each structure to the next will insure against leakage and possible settlement in the future. In response to questions by Council, Mr. Reynolds advised that this probably should have been picked-up during design. This will be the design standard we will be using. There will be about one-hundred of them and the material should last forever. BIB] 01-20-96-U01 01:06:02PM-U01 CCMIN040693-U02 !City Council Minutes 9 April 6, 1993 MOTION It was moved by Council Members Sniff/Bangerter to approve Contract Change Order No 92-12-06 for modification to construction joints at Storm drain facilities Calle Tampico project, in an amount not to exceed $15,347.00. Motion carried unanirnously. MINUTE ORDER NO.93-84. 8. CONSIDERATION OF CONTRACT CHANGE ORDER 92-12-11 TO DELAY SEWER CONSTRUCTION IN AVENIDA BERMUDAS UNTIL MAY PROJECT 92-12- CALLE TAMPICO IMPROVEMENT PROJECT. Mr. Speer, Ass't. City Engineer, advised that this matter is before the Council as a result of members of the business community requesting that the City delay construction in Bermudas until May 1 to get past the tourist season. The Contractor has given the City a quote in the amount of $12,333 to delay the work. The quote appears high and recommends that it be a not to exceed" amount. In answer to Mayor Pena, Mr. Speer advised that from the time the pavement is stripped from Bermudas to having new pavement in place will take about three weeks He noted that the trench will be closed at night, so there will be traffic on the street at night. The portion that will be closed during the day, will be only that section they will be working on that day. Regarding access, Mr. Speer advised that access is not being denied to the Post Office, people will just not be able to park where they normally park or have access to the driveway. There will probably be only one day in which access to the driveway will not be available. Council Member Sniff suggested that the City provide parking during construction on the City-owned property and that it be prepared and properly signed. Council also concurred on staff preparing a flyer which the businesses can hand out advising people of the up-coming construction and where they will be able to park. Dolly Cunard, owner of Dolly Cunard's, Calle Cadiz, expressed concern about the effect the recession has had on restaurants and was concerned that she found Out the status of Tampico and Bermudas by rumor and felt that the City should be keeping the businesses informed. In response to Council Member Sniff, Mr. Speer advised that initially the businesses were advised of our plans, but not recently Council Member Sniff felt that it's imperative that we communicate with The Village businesses and up-date them weekly on the progress and how they can route their clients/customers. BIB] 01-20-96-U01 01:06:02PM-U01 CCMIN040693-U02 !City Council Minutes 10 April 6, 1993 Mr. Genovese advised that staff will implement a program of notification to the businesses. Mario Lalli, owner of La Quinta Garden Cafe, advised that signage was supposed to be lighted and they were not. He had some nice signs made directing people to his restaurant, which cost about $400 and were picked up by the City. He commented that the Arts Foundation was allowed to post off-site signs. He also said that delaying construction until May or June would help their businesses. Council Member Sniff asked if this piece is ready to go forward and Mr. Reynolds advised that it is. In response to Council Member Bangerter, Ms. Honeywell, City Attorney, advised that to place off-site signs requires a permit, which is what the Arts Foundation did. Mayor Pena favored letting the businesses put their signs on the existing directional signs placed by the contractor. Council concurred. Council Member Perkins also wished to see signs posted well before construction, in the future, which are in clear view to let people know that the street will be closed and for what duration and alternate routes which can be taken. Mr. Herman, Planning Director, asked if it's Council's intent to allow off-site directional signs for 30-days at the end of Washington at 52nd Avenue and at the end of 52nd Avenue at Bermudas and Council concurred. MOTION It was moved by Council Members Sniff/Perkins to direct staff to proceed with the sewer construction in Avenida Bermudas as soon as the contractor has submitted a traffic control plan that satisfactorily addresses access through and around the project area and the staff is further directed to develop a parking and access plan for the downtown area and distribute appropriate written notification to all impacted businesses and the Post Office. Motion carried unanimously. MINUTE ORDER NO.93-85. 9. CONSIDERATION TO AUTHORIZE A CALL FOR BIDS FOR ASSESSMENT DISTRICT 92-1 PHASE V COVE IMPROVEMENTS. Mayor Pena and Council Member Bangerter abstained from this matter and left the dais due to a conflict of interest. Mr. Reynolds, Public Works Director, advised that on January 11th, the City Council set a date for public hearing on Phase V of the Cove Improvement Project for May 11th. BIB] 01-20-96-U01 01:06:02PM-U01 CCMIN040693-U02 !City Council Minutes 11 April 6, 1993 At the same time, Council directed staff to reduce the size of Phase V. Subsequently, staff came back to Council with revised boundaries, which were approved. The design and construction plans have now been prepared Staff is asking for authorization to call for bids. The total estimated cost is $5.8 million with the RDA's portion being $4 million with the difference being picked-up through both an assessment to the property owner and a contribution by the CVWD for the water system. Council Member Sniff asked staff to review the rationale for the boundaries in response to Ms. Ostrowsky. Mr. Reynolds explained the rationale advising of the natural drainage flow of the Cove. Council Member Sniff asked when we plan to move forward with the next phase and Mr. Genovese advised that Phase VI has been slated for the following year in the CIP. Council Member Mccartney asked if this is the most efficient phasing we can do and Mr. Reynolds advised that it is given the amount of funds available. Council Member Perkins asked if the new work will dove-tail into the existing system and Mr. Reynolds advised that it will. Council Member Perkins expressed concern about the gap we're leaving which is difficult for some of the homeowners to understand. He asked bow fast we could move financially to get to a second phase and fill in the gap. Mr. Genovese advised that it is in the Capital Improvement Program for 1994/95. However, he pointed out that with the State's raid on City funds, he cannot guarantee the funds will be available. Audrey Ostrowsky, P.O. Box 351, La Quinta, advised that she cannot get a loan on her property until the sewer and streets are put in. MOTION It was moved by Council Members Perkins/McCartney to authorize staff to call for bids for Assessment District 92-1 which is Phase V of the Cove Improvement Program and direct the City Clerk to advertise the Notice Inviting Bids as soon as it is made available by the Public Works Director. Motion carried unanimously. MINUTE ORDER NO.93-86. BIB] 01-20-96-U01 01:06:02PM-U01 CCMIN040693-U02 !City Council Minutes 12 April 6, 1993 STUDY SESSION ANNUAL UP-DATE ON CVAG'S ACTIVITIES PRESENTATION BY LES CLEVELAND, EXECUTIVE DIRECTOR OF COACHELLA VALLEY ASSOCIATION OF GOVERM?NTS. Les Cleveland, Executive Director of CVAG, presented a brief up-date on CVAG's activities advising that they are on target for completing their work program for this year. Re: AB 939, he advised that they are doing a recycling fair on April 16th. This fair is critical to trying to establish markets for the recyclables and assisting us meet the ultimate requirements of the Act. Re: Transcom 2000 is the Annual Local Government Conference which is being devoted to transportation in the future. This is aimed at an international audience in which they will show the vision of what transportation will be like between now and the year 2000 and beyond. Re: PM 10 the model ordinance prepared by CVAG, which the cities have adopted is one of only two in the nation. Re: Streets and Roads Funds: They will be unveiling their financial plan, now that they have bonding to proceed with the projects. There will be $200 million available to spend on roads between now and the year 2000. They already have $80 million in the bank. They now have a Human Resources Committee and Supervisor Larson is looking at forming a Human Relations Commission. The Annual Planning Conference will be held on April 26th from 7:30 A.M. to 1:30 P.M. In response to Council Member Perkins, Mr. Cleveland advised that the $80 million cannot be touched by the State as they were voted on by the people. He added that bonding projects seems to be the best protection against the State getting local funds. In response to Council Member McCartney, Mr. Cleveland advised that they are not anticipating any staff increases this coming year and will be holding the line on assessments. Council Member McCartney asked what kind of MRF's they are anticipating and Mr. Cleveland advised that the MRF's have to be in place by the year 2000, but technology is changing so fast, the longer we can wait the better. BIB] 01-20-96-U01 01:06:02PM-U01 CCMIN040693-U02 !City Council Minutes 13 April 6, 1993 Council Member McCartney advised that the move today is to go back to curbside and get more sorting done there. CLOSED SESSION a. Discussion of personnel pursuant to Government Code Section 54957. City Manager Recruitment Council reconvened with no action being taken. Council adjourned to Redevelopment Agency Meeting. Council reconvened at 7:00 P.M. PRESENTATIONS None PUBLIC COMMENT None PUBLIC HEARINGS 1. TENTATIVE TRACT MAP 23773 STARLIGHT DUNES) REQUEST OF TIME EXTENSION FOR PHASE II WHICH INVOLVES 101 LOTS OF A PREVIOUSLY-APPROVED TENTATIVE MAP WHICH SUB SUBDIVIDED 45 ACRES INTO 154 RESIDENTIAL SINGLE-FAMILY LOTS WITH TWO COMMON LOTS IN THE R-1-9000 ZONE AND LOCATED AT THE NORTHWEST CORNER OF FRED WARING DRIVE AND ADAMS STREET. APPLICANT: RICK JOHNSON. Mr. Herman, Planning Director, advised that Tentative Tract Map 23773 for 154 single- family lots was originally approved on March 21, 1989. Phase 1 has been recorded and the b?ance of the tract, Phases 2 & 3 are currently in plan check for final recordation. There was a prior environmental determination that was made with the issuance of a mitigated negative declaration. BIB] 01-20-96-U01 01:06:02PM-U01 CCMIN040693-U02 !City Council Minutes 14 April 6, 1993 Council Member McCartney noted that the Environmental Assessment was performed in January 1989, which makes it four years old. He asked if it's the function of an environmental assessment to look at any impacts that might have occurred or are occurring as a result of the project. Mr. Herman advised that this is a gated community with private streets and the impact is totally internal. When analyzing the environmental that was taken into consideration and the traffic concerns along Starlight Dunes and Fred Waring were mitigated. Subsequent to this approval, the City has annexed the property to the West. The improvements for Phase I have been completed, the houses are built and it has been approved for the 154 residential units. Staff determined that the prior Environmental is adequate as nothing has changed from the original approval. Council Member McCartney asked if there hasn't been any changes in the area around this project during the past four years. Mr. Herman advised that Bermuda Dunes has become a gated community and development in the area to the south had been approved and the Highlands project had been approved and was developing. This project still takes access off of Fred Waring and Starlight Dunes which are a public roads. He pointed out that this is the last time extension if the map is not recorded, then the project will be reviewed as a new tract map and an environmental update would be done at that time. The purpose of CEQA is to review a project based upon substantial change, and there hasn't been any substantial change. Council Member McCartney disagreed, saying that in four years there has to have been substantial change in the area and believed that a supplemental EIR is needed for an environmental assessment which would take into consideration new developments that have occurred that affect this area. The Mayor declared the PUBLIC HEARING OPEN. There being no one wishing to speak, the PUBLIC HEARING WAS CLOSED. Council Member Sniff had no major problem with this requested time extension it is a gated community and the extension is for only one year and if they do not move forward, then the entire process will begin again. Council Member McCartney had no problem with giving them a one-year extension provided an environmental assessment is done. BIB] 01-20-96-U01 01:06:02PM-U01 CCMIN040693-U02 ! City Council Minutes 15 April 6, 1993 RESOLUTION NO.93-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A THIRD, ONE-YEAR TIME EXTENSION FOR APPROVAL OF TENTATIVE TRACT 23773. CASE NO. TT 23773, EXTENSION #3- STARLIGHT DUNES. It was moved by Council Members Sniff/Bangerter that Resolution No. 93-22 be adopted. Motion carried with Council Member McCartney voting NO. 2. CHANGE OF ZONE 92-073 EA 92-243) APPLY EQUESTRIAN OVERLAY ZONING DISTRICT DESIGNATION TO EXISTING ZONING DESIGNATIONS IN ORDER TO CREATE TWO NEW DISTRICTS. Mayor Pena noted that additional correspondence has just been received as well as information from the California State Horsemen's Association. Therefore, he will be asking for a continuance so that the Council can read the additional material received. Mrs. Cherry, Associate Planner, advised that this request for Change of Zone was initiated during the Council meeting of September 3' 1991 when the Council raised the issue of expanding the Equestrian Overlay Zone onto some newly-annexed properties. Late in the fall of 1992, staff initiated a study of the expansion and began the change of zone process. Staff is proposing to designate an additional 1,010 acres into two separate new districts. She then presented a map outlining the boundaries of the two proposed districts. The areas are bounded by Madison on the west, 52nd on the north, Monroe on the east and 55th on the south; in addition to 32 acres south of 50th and east of Jefferson. These areas have traditionally been in agricultural and equestrian uses. Staff supports the new districts as a way of ensuring the General Plan policy for retaining the rural character in this area. Staff is also proposing to reduce the minimum acreage for horse keeping from 1 1/2 acres to 1 acre. The Planning Commission has reviewed this matter with overwhelming public comment in favor of the zone change. There was one land-owner to the south of proposed District 3 who was in opposition. Staff has considered an alternative in trying to appease this land-owner which proposes that the existing number of horses on these three properties remain at the number they are rather than the allowed five horses per acre density. However, the Planning Commission decided to keep uniform standards for all Districts rather than have specialized standards. The Planning Commission recommended approval of the new Districts. BIB] 01-20-96-U01 01:06:02PM-U01 CCMIN040693-U02 !City Council Minutes 16 April 6, 1993 The Mayor declared the PUBLIC HEARING OPEN. Lance Brown, 70-740 Ironwood Dr., Rancho Mirage, spoke to the benefits that horsemanship presents to the youth in terms of learning responsibility and caring for other things. Keith Reece, 80-209 Avenue 50, Indio, spoke in support of the proposed zone change as they wish to maintain the lifestyle they are living. He also spoke of the benefits of horsemanship to the youth. At annexation, they were told that nothing would change. Martha Tureen, 39-800 St. Michael P1., Palm Desert, spoke in support of the zone change and commented on the benefits of horsemanship to the youth. She felt that La Quinta is unique and that we continue to create asphalt jungles, but there are a number of upscale homes in the community with horses. Julie Reeske, 54-415 Avenida Vallejo, advised that the property owners have spent a great deal of time on this issue and asked that it not be delayed. She believed that the Planning Commission has developed conditions which everyone can live with. She is the manager and trainer of Rancho del Sol, which is considered to be one of the finest training facilities in the Valley and has produced many champions. She hoped that the Council will protect what is presently here. Anita Bower, 79-291 Spalding Dr., Bermuda Dunes, advised that her daughter is taking riding lessons at the Reeces and it has had a major impact on her life. It's a healthy atmosphere and asked for a preservation of the rural areas for a healthy balance. Jeff Cole, 80-041 Avenue 50, didn't understand what the big deal is with having horses and asked why they can't co-exist with residential properties. He only asked for the ability to continue keeping his horses either until he decides to sell his property or develop it commercially. He understands that if this equestrian overlay is not adopted, then after January 1994, he will not be able to have any horses on his property. He wants to be able to continue living his lifestyle and raising his kids in this manner. Kathy Cole, 80-041 Avenue 50, urged that this matter not be continued. She spoke of her desire to continue her lifestyle and raising her children in this rural atmosphere. She was proud to say that she lives in the equestrian area of the City. Robert Kull, 54-721 Monroe St., Thermal, spoke in favor of the overlay zone, advising that he wishes to continue his operation of horses, which is a quality operation and wishes to continue his lifestyle. He added that upon annexation, he was advised that his zoning would not be disturbed. BIB] 01-20-96-U01 01:06:02PM-U01 CCMIN040693-U02 !City Council Minutes 17 April 6, 1993 Melitas Forster, 80-159 Avenue 50, Indio, spoke in favor of the overlay zone because it's a great way to raise children. She asked that the City leave some equestrian and natural areas of the City. Walter Hanscb, Sunny Dune Ranch, Jefferson, spoke in opposition saying that he loves children and horses. The key is the number and volume of flies as a result of the manure. Kay Menefee, 45-525 Aladdin, Indio, urged approved, speaking to the benefits of raising children in a rural lifestyle with horses. She also discussed her experience with buying a horse from the Reeces and the successes she's had. The ranch has a good reputation in the area. She believed that the Planning Staff and Planning Commission have developed good guidelines for the overlay zones and if everyone abides by the rules, there shouldn't be a problem with a residential neighborhood co-habitating with a rural area. Sonny Kanli an, 50-400 Jefferson, advised that he wasn't trying to destroy anything. He came to this property in 1967 at which time all of these ranches were citrus ranches not horse ranches and at that time it was more of a family type of operation. Regarding his subdivision, he is not developing to the density allowed by Code. His lots average 10,800 sq. ft. He said that he may lose the lease he has on his ranch, which may force him to go back to farming where he lives in which case he may be required to do some aerial spraying, which the horse ranchers may not be agreeable to. He's not trying to stop people from having horses, he's just trying to maintain some order on the number. He believed that five horses per acre is too many because you can't have horses without flies advising that each horse produces 18 pounds of manure. He briefly reviewed the developments planned for the area pointing Out that the area is going to be predominately residential. Dr. James Clark, P.O. Box 359' La Quinta, advised that he's a veterinarian in the area. Since he's been here he's seen an increase in horse activity. The Empire Polo Club Equestrian Center is probably the nicest show horse facility in California. The last horse show brought in millions of dollars and is being looked at by groups throughout the nation for use for horse shows. Mike Reeske, 54-415 Avenida Vallejo, spoke in favor of the overlay as he felt that it preserves a tradition in the area and urged that action be taken at this time and not continue the matter. Sarah Benoit, 39-740 St. Michael Place, Palm Desert, said that she was really against taking away the possibility of having horses in the area. Susan Williams, 3. F. Davidson Assoc., Inc., advised that they were the designers for the two subdivisions at Avenue 50 and Jefferson and they were careflil to design a low density project and to be able to live peaceable with the horses which are currently there. BIB] 01-20-96-U01 01:06:02PM-U01 CCMIN040693-U02 !City Council Minutes 18 April 6, 1993 She felt that the real question is the number of horses that are going to be allowed per lot area. She felt that by placing a uniform limitation on the area the City is limiting itself in dealing with differing conditions. She felt that alternatives need to be considered, i.e. non-conforming uses where you allow people to maintain what they have over a time period, which can be very long. It is not unusual to fmd non-conforming uses in a zoning ordinance. The question is not yes or no to horses, but how many horses and under what conditions. Becky Jensen, 53-880 Ave. Villa, spoke in favor of the overlay. Judith Owen Burns, 72-757 Fred Waring Dr. #7, Palm Desert, believed that the City made a cornmitment to the property owners at annexation that they would retain their lifestyle. Joe Poizin, Lot 14, Green Valley Ranches, spoke against a continuance of this matter and spoke in favor of the overlay. There are a lot of people going to the Reeces learning horsemanship and there's a lot to be gained from it. Wanda Reece, 80-209 Avenue 50, said she didn't understand the problem and asked why Mr. Kanlian is asking them to restrict the number of horses because she was not asked how many houses she would like to see on his property. She didn't see that the number of horses is the issue, but rather how they are taken care of. Doug Phillips, Lawyer with Best, Best & Krieger, 39-700 Bob Hope Dr. Suite 312, Rancho Mirage, representing Keith and Wanda Reece, advised that the Council enjoys a wide discretion in adopting this zoning amendment. He pointed out that the proposed zoning is consistent with the General Plan and with what's there now. He then proceeded to review results of a survey done of other areas in the Valley with regard to regulation of density of horses allowed pointing out that the 5 per acre being proposed here is conservative. He urged that this matter not be postponed. Charles Ellis, 77-622 Country Club Dr., Palm Desert, believed that the most important issue here is good planning and agreed with Mr. Phillips that the Council has wide discretion in this matter. There are 1,000 acres being proposed for the equestrian overlay, which is over and above the existing acreage with such an overlay. He advised that issue here relates to about 3% of the total acreage in question. When Mr. Kanlian annexed to the City he was told that the equestrian overlay would not be applied to these properties. He briefly reviewed the proposed developments in the area. Council has discretion is deciding how many horses to allow and for what period of time. Don Scriven, 29-705 Desert Charm, Indio Hills, commented for the record, that after two days horse manure weighs almost nothing because it's 90% water. BIB] 01-20-96-U01 01:06:02PM-U01 CCMIN040693-U02 !City Council Minutes 19 April 6, 1993 There being no one else wishing to speak, the PUBLIC HEARING WAS CLOSED. Council Member Perkins believed that this matter should be acted upon this evening and not continued even though he would rather have seen these Districts processed separately and would have liked to been able to go through all of the material received this evening. He suggested that the basic proposed ordinance is good, but would like to see some minor changes Regarding the number of horses per acre, he felt that there is an opportunity for compromise. He suggested that there be a minirnum of 50' set-back from any property for storage of manure, barns, etc., unless the structures are already in place. Regarding density, he suggested either 5 horses per 1 1/2 acres; or 4 horses per pasture acre that acreage available for pasture not including the barns, houses, front yards, pools, etc.). He also suggested that enforcement should come under the Code Enforcement Division. Council Member McCartney was concerned about the density and has talked to several individuals and went out and looked at the area. For a neutral party, he contacted the California State Horseman's Association for their recomniendation They believed that 4 horses per pasture acre is reasonable. Regarding set-backs, he concurred with Council Member Perkins. He noted that Yucca Valley requires a permit and fee for all animals. Density is the central issue and their ordinance calls for one horse for the first 20,000 sq. ft. and then another hoofed animal would be permitted for each additional 10,000 sq. ft. This formula represents about 4 horses per acre. Council Member Bangerter advised that she visited the area and would like to see the rural area preserved as much as possible. She felt that some of the ideas brought up by Council are valid, but felt that we should keep our equestrian overlay areas uniform. She, too, agreed that this matter should be decided this evening. Council Member Sniff agreed that action on this matter should be taken this evening. He believed that the people in this area have developed a long-term lifestyle and saw no reason for it to change. This is a significant and special part of the diversity of this City. He didn't want it to be wall-to-wall houses, that it's important to have varying lifestyles in the City. We have the opportunity to do this now. Once the rural areas are lost, they are lost forever. He had no problem with the ordinance as proposed allowing 5 horses per acre. Mayor Pena advised that his intent in requesting a continuance was to be able to have additional time to review the material submitted this evening. He asked for clarification that enforcement of the ordinance would be done through Code Enforcement and Mr. Herman advised that is correct. He agreed with the suggestion for a 50' set-back. Mr. Herman pointed out that the text of the overlay zone is included in the next agenda item. BIB] 01-20-96-U01 01:06:02PM-U01 CCMIN040693-U02 !City Council Minutes 20 April 6, 1993 MOTION It was moved by Council Members Sniff/Bangerter to take up Ordinance No. 224 by title and number only and waive flirther reading. Motion carried unanirnou sly. ORDINANCE NO.224 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY, BY REZONING CERTAIN PROPERTY REFERRED TO IN CHANGE OF ZONE 92- 073 AND CONFIRMING THE ENVIRONMENTAL DETERMINATION. CASE NO. CHANGE OF ZONE 92-073 OVERLAY ZONE FOR EQUESTRIAN USES. It was moved by Council Members Sniff/Bangerter that Ordinance No.224 be introduced on first reading. Motion carried by the following vote: AYES: Council Members Bangerter, McCartney, Perkins, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None 3. ZONING ORDINANCE AMENDMENT 92-029 0 A 92-243) TO AMEND CHAPTER 9.117, OVERLAY ZONE FOR EQUESTRIAN USES ON SMALLER LOTS. The Mayor declared the PUBLIC HEARING OPEN. Doug Phillips, 39-700 Bob Hope Drive, Rancho Mirage, questioned the definition of pasture acre. Julie Reeske, advised that when she was at Cal Poly, a pasture acre was considered the acreage given to grazing, meaning that is their sole source of food. Wand a Reece, expressed concern about using the term pasture acre". Council Member Perkins clarified his definition of pasture acre" by explaining that if you have 10 acres, you would subtract the house, pool, garage, front yard from the 10 acres and what is left, where the horses are kept stable or pasture, he considers the pasture acre." Wanda Reece, advised that the Planning Commission had suggested two horses per acre for the first acre and five horses per acre after that, which they are agreeable to. BIB] 01-20-96-U01 01:06:02PM-U01 CCMIN040693-U02 ! City Council Minutes 21 April 6, 1993 Lance Brown, advised that his horse is boarded at Rancho del Sol in a 24 x 24 stall, he doesn't need an acre. Sonny Kanlian, said that he could live with the pasture acre" concept. He added that the Health Department says that once a week the manure should be removed or should be spread Out and disked. Dr. Clark, urged the Council to use a regular acre and not a pasture acre because it's too vague and confusing. Martha Tureen, urged the Council to adopt the ordinance as proposed. There being no one else wishing to speak, the PUBLIC HEARING WAS CLOSED. Council Member Perkins suggested using the term available acre" rather than pasture acre." Ms. Honeywell, City Attorney, believed that it may make enforcement more difficult by doing something other than a regular acre. However, another alternative would be to say 4 horses per acre devoted to horse grazing, housing, training or maintenance. Mayor Pena supported the ordinance as drafted with 2 horses for the first acre and 5 horses for each additional acre. Council Member Mccartney preferred to see 2 horses for the first acre and 4 for each additional acre. Council Member Sniff supported 2 horses for the first acre and 5 for each additional acre. He also felt that a 50' set-back from all 4 property sides should be considered. Council concurred on the 50' set-back excepting existing structures. Council Member Perkins supported 2 horses for the first acre and 4 for each additional acre. Council Member McCartney questioned the regulations for other animals like sheep and Mr. Herman advised that the underlying zone of the R-1 permits sheep, but there is an amendment to the Code currently in process relating to that matter. You have to have 2 acres to have sheep at the present time. Council Member Bangerter favored 2 horses for the first acre and 5 for each additional. BIB] 01-20-96-U01 01:06:02PM-U01 CCMIN040693-U02 !City Council Minutes 22 April 6, 1993 Robert Kull stated that when you're in the breeding business, you can't lirnit the numbers. His population fluctuates depending on the weather. He favored staff's recommendation. MOTION It was moved by Council Members Sniff/Hangerter that Ordinance No.225 as amended relative to set-backs be taken up by title and number only and that further reading be waived. Motion carried with Council Member Perkins voting NO. Council Member Perkins advised that he voted no" because he didn't feel that there should be 5 horses per acre. ORDINANCE NO.225 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 9.117 OF THE LA QUINTA MUNICIPAL CODE, TITLED OVERLAY ZONE FOR EQUESTRIAN USES ON SMALL LOTS". CASE NO: ZOA 92-029- CITY OF LA QUINTA. It was moved by Council Members Sniff/Bangerter that Ordinance No.225 as amended be introduced on first reading. Motion carried by the following vote: AYES: Council Members Bangerter, McCartney, Perkins, Sniff, Mayor Pena NOES: None ABSTMN: None ABSENT: None CLOSED SESSION a. Discussion of personnel pursuant to Government Code Section 54957 City Manager Recruitment Ms. Honeywell, City Attorney, advised that the City Council has completed a Closed Session under Government Code Section 54957 regarding City Manager recruitment and has authorized her office to prepare an employment agreement and complete negotiations with an individual, but that individual will not be identified until the agreement has been signed by both parties which could be later this week. The Council then answered a few questions for the press regarding what they were looking for in a City Manager. BIB] 01-20-96-U01 01:06:02PM-U01 CCMIN040693-U02 !City Council Minutes 23 April 6, 1993 BUSINESS SESSION.........continued 10. CONSIDERATION OF REQUESTED FUNDING FROM PALM DESERT TO PARTICIPATE IN THE REVISIONS TO COUNTRY CLUB DRIVE AND WASHINGTON STREET. Mr. Herman, Planning Director, briefly reviewed the staff report advising that staff's opinion is that the City should not participate in the improvements to Country Club Drive and Washington Street. Country Club and Washington have been identified as a major arterials subject to funding from CVAG. The request is that the County of Riverside, City of La Quinta, Del Webb and City of Palm Desert participate in the funding of improvements. This would be like us asking the City of Indio and Palm Desert to participate in the $2 million improvements we're making to Highway 111 we could probably substantiate that there is traffic generated from those two cities which travel this major arterial, which is also available for funding from CVAG sources. It would be a precedent to spend monies outside the City and which are covered under the major transportation plan of CVAG. Mayor Pena pointed Out that we have participated with other cities in projects which were contiguous to La Quinta. Mr. Genovese, Interim City Manager, advised that another concern is that there is no other funding mechanism other than the General Fund. Mayor Pena wished to see the City do something to help relieve the congestion at that intersection. He didn't wish to say no and close it off completely. He noted that this week, Del Webb is meeting with himself and staff regarding a proposed Assessment District for the interchange. Council Member McCartney felt that we should work with the other cities in trying to alleviate congestion on Washington, but could not support any expenditure from the General Fund for a project not within the City. Mayor Pena suggested continuing this matter a month to get additional input. MOTION It was moved by Council Members Sniff/McCartney to deny the request for participation in the revisions to Country Club Drive and Washington St. Motion carried with Mayor Pena voting NO. MINUTE ORDER NO, 93-87. BIB] 01-20-96-U01 01:06:02PM-U01 CCMIN040693-U02 !City Council Minutes 24 April 6, 1993 11. CONSIDERATION OF POLICY REGARDING USE OF GIFT VOUCHERS AND CONTINUED CONSIDERATION OF APPROVAL TO ACCEPT GOLF VOUCHERS FROM LANDMARK LAND COMPANY. Mrs. LiCalsi, Administrative Analyst, advised that at the last meeting, the Council discussed acceptance of 150 golf vouchers from Landmark Land Co., which has been done in the past. A draft policy for the use of the vouchers and a listing of how the vouchers had been used in the past is contained in the staff report. Council Member Sniff questioned the value of the vouchers and Mrs. LiCalsi advised that they range from $75 to $175 per person depending on the course, which would be a minirnum total of $12,500. In further response to Council Member Sniff, Mrs. LiCalsi advised that her understanding is that it's Landmark's opinion that if La Quinta succeeds their facility succeeds and a large part of what the City is about is golf. Council Member Bangerter was opposed to accepting the vouchers commenting that we need to place ourselves above reproach. Council Member McCartney stated that he, too, was opposed. Council Member Sniff felt that to some degree, a gift represents an obligation. He suggested that if they wish to give the vouchers for promotional purposes, that they be given to the Chamber of Commerce. Council Member Perkins suggested a nice letter to Landmark thanking them for the offer and referring them to the Chamber. MOTION It was moved by Council Members Sniff/Bangerter to deny the gift of golf vouchers and suggest that they might want to approach the Chamber of Commerce with this issue. Motion carried unanimously. MINUTE ORDER NO.93-88. 12. CONSIDERATION OF REQUEST FOR PLACING MARTY YACKMAN MEMORIAL PLAQUE AT FRITZ BURNS PARK. Mr. Bohlen, Parks and Recreation Manager, recommended that the City cooperate in the placement of a plaque at the Fritz Burns Park to memorialize Marty Yackrnan and his contributions to tennis in the community. BIB] 01-20-96-U01 01:06:02PM-U01 CCMIN040693-U02 !City Council Minutes 25 April 6, 1993 MOTION It was moved by Council Members SnifflMcCartney to direct staff to cooperate in the placement of a plaque on the southwest corner of Tennis Court #2 at Fritz Burns Park, and appropriate $100 from the Contingency Account for the placement of the plaque. Motion carried unanimously. MINUTE ORDER NO.93-89. 13. CONSIDERATION OF AMENDMENT TO CHAPTER 2.65 OF THE LA QUINTA MUNICIPAL CODE REGARDING ARTS IN PUBLIC PLACES COMMITTEE. MOTION It was moved by Council Members Sniff/Bangerter that Ordinance No.226 be taken up by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO.226 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 2.65 OF THE LA QUINTA MUNICIPAL CODE ART IN PUBLIC PLACES?!. It was moved by Council Members Bangerter/Sniff to introduce Ordinance No.226 on first reading. Motion carried by the following vote: AYES: Council Members Bangerter, McCartney, Perkins, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None 14. CONSIDERATION OF DESIGN FOR CIVIC CENTER GROUND BREAKING AND DEDICATION PLAQUES. Mrs. LiCalsi, Administrative Analyst, advised that the Council has previously decided to have two separate plaques one for the groundbreaking and one for the dedication. Council Member Sniff preferred to see only the City Council names on both plaques. Council concurred. MOTION It was moved by Council Members Bangerter/Sniff to accept the design for the dedication and groundbreaking plaques and omitting the City Manager, Contractor and Architect. Motion carried unanimously. MINUTE ORDER NO.93-90. BIB] 01-20-96-U01 01:06:02PM-U01 CCMIN040693-U02 !City Council Minutes 26 April 6, 1993 15. CONSIDERATION OF APPROVAL OF A NET BUDGET ADJUSTMENT INCREASING RESERVES BY $15,156 AND A GENERAL FUND TRANSFER OF $50,000 IN THE GAS TAX FUND. Mr. O'Reilly, Finance Director, recommended that the Council approve budget adjustments as outlined in the staff report. Mrs. Honeywell, City Attorney, noted that this is the first time that the Gas Tax Funds are not sufficient to cover the needs MOTION It was moved by Council Members PerkinslMcCartney to authorize staff to approve the budget adjustments as outlined in the staff report increasing the reserves by $15,156 and the $50,000 fund transfer. Motion carried unanimously. MINUTE ORDER NO.93-91. 16. CONTINUED CONSIDERATION OF FORMAT REGARDING THE SEMI- ANNUAL MEETINGS WITH THE CHAMBER OF COMMERCE. Mr. Genovese, Interim City Manager, advised that the issue which needs to be determined at this time is the selection of the two Council Members to represent the Council in the meetings with the Chamber of Commerce. Council Member Sniff stated that in the past he and the Mayor have been on that sub- committee and he felt that it would be appropriate if the same two were involved in the monitoring of it. Council Member Perkins felt that it should be rotated so that the other Council Members can have the same opportunity. He suggested that one of the Council Members who previously served could serve again and include a newer Council Member and rotate in that way each year. Council concurred. Council Member Sniff and Mayor Pena drew for the position and Mayor Pena won the draw and will sit on the committee this year. MOTION It was moved by Council Members Sniff/Bangerter to accept staff's Option #1 which states as follows: Six to ten Chamber representatives from the Board and/or Executive Committee) would meet with the appropriate City staff and two 2) Council Members twice per year. The agenda would generally include a discussion of the semi- annual report that is required of the Chamber by the contract with the City, and other items as desired of the representatives in attendance. Motion carried unanimously. MINUTE ORDER NO.93-92. BIB] 01-20-96-U01 01:06:02PM-U01 CCMIN040693-U02 !City Council Minutes 27 April 6, 1993 MOTION It was moved by Council Members SnifflMcCartney that Council Member Perkins and Mayor Pena be appointed to represent the Council at the meetings with the Chamber of Commerce. Motion carried unanimously. MINUTE ORDER NO.93-93. 17. TRANSMITTAL OF TREASURER'S REPORT FEBRUARY 1993. MOTION It was moved by Council Members Sniff/Bangerter that the Treasurer's Report dated February 1993 be received and filed. Motion carried unanimously. MINUTE ORDER NO.93-94. 18. SECOND READING OF ORDINANCES. ORDINANCE NO.223 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DELETING SPECIFIC SECTIONS AND ADDING A NEW SECTION TO THE LA QUINTA MUNICIPAL CODE REGARDING SCREENING OF ROOF-MOUNTED, MECHANICAL EQUIPMENT AND OTHER SIMILAR EQUIPMENT IN COMMERCIAL AND RESIDENTIAL ZONES, AND CONFIRMATION OF THE ENVIRONMENTAL DETERMINATION. CASE NO. ZONING ORDINANCE AMENDMENT 93-033 CITY OF LA QUINTA. It was moved by Council Members Sniff/Bangerter that Ordinance No.223 be adopted on second reading. Motion carried by the following vote: AYES: Council Members Bangerter, McCartney, Perkins, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None 19. APPROVAL OF CONTRACT CHANGE ORDER 92-12-10 TO LOWER SEWER MAIN IN AVENIDA BERMUDAS CVWD REIMBURSABLE) PROJECT 92-12 CALLE TAMPICO IMPROVEMENTS. Mr. Speer, Ass't. City Engineer, advised that the contractor potholed underground utilities in Avenida Bermudas to confirm the location of known utilities. It was discovered that a conflict in location exists between the proposed sewer line shown on the CVWD plans and an existing GTE cable. That information was then passed on to CVWD engineering for review. After review, they revised the construction drawings by lowering the main sewer line and adjusting the location of certain manholes. CVWD has agreed to reimburse the City for the amount of this change order which is estimated at $33,959.00. BIB] 01-20-96-U01 01:06:02PM-U01 CCMIN040693-U02 !City Council Minutes 28 April 6, 1993 Mr. Speer then responded to questions by Council relative to the technicalities of the installation of this sewer line MOTION It was moved by Council Members Bangerter/Sniff to approve Contract Change Order No.92-12-10 in the amount of $33,959 relative to City Project No.92-12 Calle Tampico Improvements. Motion carried unanimously. MIN(MINUTE ORDER NO. 93-95. 20. APPROVAL OF CONTRACT CHANGE ORDER NO. 13-b ASSESSMENT DISTRICT 91-1 AREA B INSTALL ADDITIONAL BLOCK TO WASHINGTON STREET WALL BETWEEN CALLE TAMPICO AND AVENUE 52. Mr. Speer, Ass't. City Engineer, advised that due to an error made in establishing the top of footing elevation for the perimeter wall, it became necessary to install additional block in order to bring the wall to an acceptable height. There is no impact on the City budget as the amount has been backcharged to the Engineer, who has agreed to reimburse the City this amount. MOTION It was moved by Council Members Bangerter/Sniff to approve Contract Change Order No. 13-B in the amount of $13,678.32. Motion carried unanimously. MINUTE ORDER NO.93-96. CONSENT CALENDAR 1. DEMAND REGISThR DATED APRIL 6, 1993. 2. ADOPTION OF RESOLUTION SUPPORTING CONGRESSIONAL APPROPRIATION OF LAND AND WATER CONSERVATION FUNDS TO BLM FOR ACQUISITION OF LANDS IN THE SANTA ROSA MOUNTAINS NATIONAL SCENIC AREA AND MORONGO CANYON ACEC. 3. MOVED TO BUSINESS SESSION NO.19. 4. MOVED TO BUSINESS SESSION NO.20. 5. ACCEPTANCE OF IMPROVEMENTS WITHIN ASSESSMENT DISTRICT 91-1 AREAS B & C REQUESTED CONTINUANCE TO APRIL 20TH). 6. APPROVAL OF EXPENDITURE OF BUDGETED FUNDS FOR 4-DAY NATIONAL COUNCIL ON AGING CONFERENCE IN ANAHEIM FOR SENIOR CENTER COORDINATOR. BIB] 01-20-96-U01 01:06:02PM-U01 CCMIN040693-U02 !City Council Minutes 29 April 6, 1993 7. AUTHORIZE CERTAIN CITY STAFIr MEMBERS TO REPRESENT THE CITY FOR THE PURPOSE OF OBTAINING CERTAIN FEDERAL FINANCIAL ASSISTANCE. 8. AUTHORIZATION TO INSTALL STRIPING MODIFICATIONS AT THE FRED WARING DRIVE AND LAS VISTAS DRIVE INTERSECTION. MOTION It was moved by Council Members Sniff/Bangerter to approve the Consent Calendar as recommended and as amended with Items No.2 and 7 being approved by RESOLUTION NOS. 93-23 & 93-24 respectively. Motion carried unanimously. MINUTE ORDER NO.93-97. STUDY SESSION.........continued 2. DISCUSSION OF PARK, RECREATION AND COMMUNITY SERVICES IN THE CITY OF LA QUINTA. Mr. Bohlen, Parks and Recreation Manager, presented the Council with a letter dated March 26, 1993 from the Coachella Valley Recreation and Park District regarding the funding they receive from the City. Mr. Bohlen advised that his staff report presents a brief history of parks and recreation in the City; existing park and recreation services in the City; current expenditures and revenue of the Coachella Valley Recreation and Park District and the City. It also addresses the detachment from the District to policy making and programmatic decisions and LAFCO requirements; and existing and potential areas of City services. Council Member Sniff felt that this is a significant issue in which the Council needs to make a decision. We need to upgrade our own parks and recreation department and become multi-functional so that we can start fulfilling the requirements of LAFCO; and we need to move forward with de-annexation from the Coachella Valley Recreation and Park District; and recover the City park and direct staff to move in that direction. Council Member Bangerter agreed. She wished to see us form a Parks and Recreation Department and would like to see it done immediately and get all requirements of LAFCO accomplished so that we can de-annex. It's long over-due and we have some excellent people involved on staff. Council Member McCartney agreed that we need to take control of this area of service and develop this program the way the City wants to see it develop. Council Member Bangerter commended Mr. Bohien stating that he ways goes beyond the call of duty in his functions. BIB] 01-20-96-U01 01:06:02PM-U01 CCMIN040693-U02 !City Council Minutes 30 April 6, 1993 Mayor Pena didn't agree with moving in this direction so quickly. Recreational services are beneficial to the community, but costly. We would have to expand our staff, which is his concern. If we are not satisfied with CVR&PD we need to communicate that once again. Council Member Bangerter did not believe that they've given us any reason to believe that they're going to operate any differently in the future than they have in the past. She referred to the report from the CVR&PD and the amount of administrative fees we're paying them. She felt that we could provide a much better service than what they've been doing. Council Member Perkins felt that we should be directing staff to go toward this goal. He would like to see some comparative costs. If at all possible, we should increase the staff of the department now and work toward it being a full-fledged department and give them the capability of starting to work on some of the cost factors to make a final decision. Council Member McCartney agreed that we need to proceed to form our own department he was extremely upset with an entity who is unable to break-out costs. Mayor Pena said that his caution is relative to the cost and wants to see a cost analysis. Mr. Genovese, Interim City Manager, stated that staff needs some general direction. He believed that an analysis is needed to see what the costs are and how we're going to fund the shortages. Council Member Sniff felt that we need to form our own department which won't cost anything. Council Member Bangerter felt that it would create stability and framework up-front. Regarding costs, Mr. Bohlen advised that there is currently a recreation supervisor and secretary in the budget for which the funds have not been expended. MOTION It was moved by Council Members Sniff/Bangerter to 1) that the Parks and Recreation Division be upgraded to a Department; and 2) direct staff to move forward with de-annexation from the CVR&PD; and 3) that a financial analysis be developed to indicate costs; and 4) that a letter be written to the CVR&PD indicating that we are somewhat disappointed in the lack of firm financial analysis. Mayor Pena stated that if it's the basic consensus of Council, a motion isn't necessary. Council concurred. BIB] 01-20-96-U01 01:06:02PM-U01 CCMIN040693-U02 !City Council Minutes 31 April 6, 1993 3. DISCUSSION OF STAFF PROPOSAL FOR A LA QUINTA BOXING PROGRAM. Mr. Bohlen, Parks & Recreation Manager, advised that at the last study session, staff was requested to attended a program in Indio run by Jim Roybal. He attended it and included his comments in the staff report. He see's the biggest obstacle at this point, being consideration of a program site, which he felt could be addressed at a later date. He suggested creating a non-profit group to oversee the program; that a program site be located by that board and that a budget be developed. He developed a preliminary budget indicating an equipment cost of $15,658 in addition to operational costs. Mr. Bohlen recommended that the following process be initiated to develop a boxing program: a. Review program concept with JPIA and City Attorney reliability. b. Contact the SA-ABF re: City's intent to assist in creating a program. c. Develop a final budget and program goals, including program location and intended subsidies or locate potential grant sources for covering costs of the program. d. Conduct an interest survey to insure community interests. Staff suggested a flyer distributed to students of the local schools explaining the program and soliciting response as to interest. In response to Council Member Bangerter, Mr. Bohlen advised that he has had discussions regarding the modules in back of the schools, but no conclusions have been reached. Council Member McCartney questioned the cost of a flyer and Mr. Bohlen believed that it could be done for between $300-$400. Council Member Sniff favored the interest survey as soon as possible, as we need to determine the level of interest before we proceed too far. Council Member Perkins questioned the cost per person with a head trainer and assistant, as he felt that if there are only going to be a few participants, then it may not be worth it in comparison to some other sports in which there are many participants. Mr. Bohlen advised that these positions are normally volunteers. Council Member Bangerter also suggested using the Chamber's mid-month mailer in addition to distributing flyers at the schools in order to target the parents. Council concurred with staff proceeding with the suggested process. BIB] 01-20-96-U01 01:06:02PM-U01 CCMIN040693-U02 !City Council Minutes 32 April 6, 1993 DEPARTMENT REPORTS Ms. Honeywell, City Attorney, advised that her office is looking into obtaining copies of the documents which were seized by the District Attorney's Office. In response to Council Member McCartney, Mrs. Juhola advised that her files are inventoried. She added that she has written a letter to the District Attorney's Office requesting that certain documents be returned and that the documents be maintained properly. A copy of the letter will be placed in each Council Members' box. Mr, Herman, Planning Director, advised that he is looking at a joint meeting with the Planning Commission/Design Review Board/City Council on May 25th. Council Member McCartney questioned the status of the Civic Center in terms of completion date and Mr. Genovese advised that we are still negotiating with Lusardi on that issue. Council Member McCartney suggested that in the filture something like this should be brought to the attention of the City Council in a form other than the Construction Manager's Monthly Report. MAYOR AND COUNCIL MEMBER IThMS Council Member Perkins suggested that the City adopt an ordinance prohibiting the use of leaf blowers, but phasing them out. Council Member McCartney advised that the South Coast Air Quality Management District is in the process of banning leaf blowers throughout the south coast basin. They see these leaf blowers as a major contributor to the air quality problem. Council concurred. BIB] 01-20-96-U01 01:06:02PM-U01 CCMIN040693-U02 !!City Council Minutes 33 April 6, 1993 CLOSED SESSION a. Discussion of personnel pursuant to Government Code Section 54957 Personnel Manning Schedule Discussion of potential litigation pursuant to Government Code Section 54956.9(a) Gruen and Associates c. Discussion of on-going litigation pursuant to Government Code Section 54956.9(a) International Treasury Management/Denman Co. Iowa Trust Council reconvened with no action be taken. There being no further business the meeting was adjourned. Re submitted, City Clerk City of La Quinta, California BIB] 01-20-96-U01 01:06:02PM-U01 CCMIN040693-U02