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1993 12 07 CC Minutest LA QUINTA CITY COUNCIL MINUTES DECEMBER 7, 1993 Regular meeting of the La Quinta City Council was called to order at 3:00P.M. by Mayor Pena followed by the Pledge of Allegiance. PRESENT: Council Members Bangerter, McCartney, Perkins, Sniff, Mayor Pena ABSENT: None CONFIRMATION OF AGENDA Mr. Hunt, City Manager, advised that the City Clerk has provided additional information for Business Session No.1 and asked that Business Session No.3 be continued to December 21, 1993 because an appeal had been filed. Ms. Honeywell, City Attorney, asked that ongoing litigation involving the City of La Quinta vs. the Refco Corporation be added to the Closed Session agenda under Government Code Section 54956.9. Council Member McCartney asked that Business Session No. 16 be taken up after Business Session 7 because they both pertain to the Fritz Burns Community Park. MOTION It was moved by Council Members Sniff!McCartney that the items requested by the City Attorney, City Manager, and Council Member McCartney as well as the material supplied by the City Clerk be added to the agenda, noting that the need to take action arose after the agenda was prepared. Motion carried unanimously. APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/Bangerter that the Minutes of November 16, 1993 be approved as submitted. Motion carried unanimously. ANNOUNCEMENTS None PRESENTATIONS Mayor Pena presented Roger Hirdler, Ass't. Building & Safety Director, with a plaque expressing the City's appreciation for being chosen Employee of the Month? for November. BIB] 01-27-96-U01 01:09:42PM-U01 CCMIN120793-U02 tCity Council Minutes 2 December 7, 1993 PUBLIC COMMENT Norris Bernard, 44-550 Marguerite Court, was disturbed by the article in the paper regarding the Phase V project and felt that the City should stick to their plan and budget because funding the proposed plan will cost the City additional money. He commented that in order to have clean streets in his neighborhood, they must clean the streets themselves. Doris Mechanick, 72-806 Fleetwood Circle, Palm Desert, Child Care Coordinator of Coachella Valley, commended the City for its foresight and creativity to be a family-first" City. She felt privileged working with Clint Bohien, Parks and Recreation Director and Council Member Bangerter on Kidsline. She advised that other cities are desiring to put this program into effect because they are beginning to see a need for it. She advised that brochures on How to Choose Child Care" are now printed in Spanish and that in January they will be working with staff addressing family-related problems for the working parents. She offered to meet with the City in a Study Session to discuss child-care needs for the future. Mayor Pena thanked Ms. Mechanick for her efforts in this area. WRITTEN CORRESPONDENCE A. Letter from La Quinta Chamber of Commerce regarding recommendations of the Commercial Development Task Force. Noted and filed. BUSINESS SESSION 1. CONSIDERATION OF PROPOSAL BY RIVERSIDE COUNTY REGISTRAR OF VOTERS FOR COOPERATIVE REALIGNMENT OF GENERAL MUNICIPAL ELECTIONS. Mrs. Juhola, City Clerk, presented the staff report and the material submitted by the Riverside County Registrar of Voters to consolidate all non-partisan elections in November of odd-numbered years which would include all cities and special districts. Frank Johnson, Riverside County Registrar of Voters, explained that the General Election ballot has become saturated and overcrowded and as the County continues to grow, they must accommodate the increased number of voters, precincts, and costs. He commented that in January, 1995 the Motor Voter Act" will take effect, which will BIB] 01-27-96-U01 01:09:42PM-U01 CCMIN120793-U02 tCity Council Minutes 3 December 7, 1993 dramatically impact the way elections must be conducted and impact the cost of elections to the County and jurisdictions. Therefore, he is requesting the jurisdictions to cooperate with them on a one-time or phased-in basis to get the non-partisan elections back into an odd-year format and reserve the even-numbered year format for partisan elections, which are statutory dates that cannot be moved. In response to Mayor Pena's comment, Mr. Johnson added that during the 1990 General Election, the voters were faced with an average 20-card ballot. The election material was overwhelming for many voters, which resulted in bypassing voting on local office issues. He added that many voters ended up throwing away campaign and election material without reading it because of the large volume they received. Spreading the elections out over a two-year cycle will benefit the voters and encourage participation in local government issues. In response to Council Member Perkins, Mr. Johnson stated that there is no provision or intent at this time to mandate this proposal by the Board of Supervisors. However, should it become necessary, they do have the power under law to rescind the approvals previously given for these consolidations. He does not feel it is necessary to give such a recommendation because he is hopeful to achieve these goals through sound management principles for the benefit of all. In further response to Council Member Perkins, Mr. Johnson stated that in various meetings he frequently stated that he needed 100% participation to make this proposal successful in terms of finances, logistics, etc. He admitted that the 100% was rhetorical, because he felt if they had lowered this percentage, they would be faced with jurisdictions waiting on others to act. However, he would welcome any realignment actions in order to unload the General Election ballot from its present Status. In response to Council Member Bangerter, Mr. Johnson advised that the cost to those jurisdictions participating in a consolidated election, either in the even or odd year, will at no time exceed 50% of their scheduled stand-alone cost. He advised that the budget for his department is on a two-year cycle and the revenues received from contracting with the cities and jurisdictions to conduct elections must meet a certain level. If the volume of materials, printing of ballots, etc., can be leveled off from the General Election costs, this savings will be spread Out on the same ratio in the odd years and allow them to continue savings of at least 50% to the participating jurisdictions. Mr. Johnson advised that they have virtual realignment accomplished in the eastern part of the County. Council Member Sniff was supportive of this idea and commented that during the last election, the ballot was so long that many voters were discouraged before getting to the end of it. He believed that this proposal is sound and noted that it is not City-initiated BIB] 01-27-96-U01 01:09:42PM-U01 CCMIN120793-U02 tCity Council Minutes 4 December 7, 1993 and the Registrar of Voters' request for this change is reasonable. Council Member McCartney stated that he remains neutral on whether or not we should go to this plan. He would like the voting public involved by finding out what their opinion is by mailing out a notice or survey asking if they support this change. Mr. Johnson comrnented that this concern has been raised frequently when addressing other governing boards. He stated that he is not aware of any protest from the voters when those jurisdictions a few years ago elected to consolidate to the General Election which also required the terms of members to be extended. Council Member Perkins was also supportive of this proposal and concurred with Council Member Sniff. Re also noted that it is initiated by the County, not by the City. He felt a decision should be made without delay. Mayor Pena agreed and stated that he has received complaints from the voters about the length and complexity of the ballot. RESOLUTION NO.93-93 A RESOLUTION OF THE CITY OF LA QUINTA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO AUTHORIZE CONSOLIDATION WITH THE NOVEMBER ELECTION IN THE ODD-NUMBERED YEARS. It was moved by Council Members Smff?Perkins that Resolution No.93-91 be adopted. Motion carried with Council Member McCartney voting NO. 2. CONSIDERATION OF REQUEST FROM PALM ROYALE COUNTRY CLUB?DAVE EVANS FOR SPECIAL ADVERTISING DEVICE 93-037 CONSISTING OF AN ILLUMINATED HELIUM BALLOON TO FLY AT THE SOUTHEAST CORNER OF FRED WARING DRIVE AND WASHINGTON STREET FROM DECEMBER 15, 1993 THROUGH IEBRUARY 15, 1994. Mrs. Mouriquand-Cherry, Associate Planner, advised that Palm Royale Country Club has requested a permit for a special advertising device to fly a helium-filled balloon 19 ft. long and 7 ft. wide, to fly at a height of 38 ft. She pointed out on the revised Plot Plan a new location for the balloon to be tethered to a light standard located on the inside of the wall. This balloon would be Osha orange in color with the wording Restaurant & Golf. Open to the Public." Because of the potential traffic hazards and additional cluttering of the image corridor in this area, staff recomrnended denial of this request. BIB] 01-27-96-U01 01:09:42PM-U01 CCMIN120793-U02 tCity Council Minutes 5 December 7? 1993 Council Member Sniff asked if the 38 ft. is to the top or bottom of the balloon. Dave Millington, applicant. 58-459 Indigo, advised that the 38 feet is to the very top of the balloon. Council Member Sniff commented that there has been a lack of conformity in the past relative to regulations and requirements by the City. Mr. Millington apologized and advised that they were not aware of the violations that occurred with the signage on the property. He stated that when it was brought to their attention, the signs were removed immediately. He advised that they do not have any signage now and it is vital for them to capitalize on the winter tourism business in order for them to keep this restaurant in operation. He stated that it is very difficult for the public to know their location and asked that the City cooperate in this request. They have applied for a permanent monument sign on the corner of Fred Waring and Washington which will be reviewed on December 15th and if approved, it will go before the Planning Commission on December 28th. In response to Council Member Bangerter, Mr. Millington advised that this balloon would be positioned about 65 ft. off of the street. Mrs. Mouriquand-Cherry advised that the balloon would fly for 18 days, on weekends and evenings only. In further response to Council Member Bangerter, Mr. Herman, Planning Director, advised that the Baskin Robbins sign was 250 ft. off of the street. He also stated that the balloon would fly at the back of the wall on Fred Waring which would be approximately 12 ft. back from the curb line. Mr. Millington interjected that the distance from Fred Waring to the balloon is approximately 30 to 40 ft. from the curb line. In response to Council Member Perkins, Mr. Millington advised that the balloon will be attached to a heavy light standard on the Palm Royale Country Club property and flown only on weekends. In response to Mayor Pena, Mr. Millington advised that the balloon will be removed from public view and secured in a maintenance building each evening at 9 p.m. Mayor Pena commented that he was torn because he understands staff's analysis but being in the restaurant business himself, he sympathizes with the applicant's plight. He felt they should agree to this request for an 1 8-day period to evaluate it. Council Member McCartney stated that he, too, sympathizes with the applicant but he felt there are a number of other ways to accomplish this through flyers and other types BIB] 01-27-96-U01 01:09:42PM-U01 CCMIN120793-U02 tCity Council Minutes 6 December 7, 1993 of advertising. This dramatic approach would create a traffic hazard and a nuisance, as well as being inconsistent with the General Plan. He noted that he was also against flying the Baskin Robbins balloon. MOTION It was moved by Council Members Sniff/Perkins to approve the request of Palm Royale Country Club for a Special Advertising Device 93-037 providing all other temporary advertising devices, including trailer signs, are removed and stay removed. Motion carried with Council Member Mccartney voting NO. MINUTE ORDER NO. 93-244. 3. REPORT OF PLANNING COMMISSION ACTION ON PLOT PLAN 93-511, APPROVING A GOLF COURSE MAINTENANCE BUILDING FOR RANCHO LA QUINTA LOCATED ON THE NORTHSIDE OF 50TH AVENUE, IMMEDIATELY EAST OF PARK STREET. APPLICANT: TD DESERT DEVELOPMENT CHUCK STROTHER). MOTION It was moved by Council Members Sniff/Bangerter that this matter be continued to December 21,1993 to hear the appeal on Plot Plan 93-51 Motion carried unanimously. MIUUTE ORDER NO.93-245. At this time, Council concurred to allow Doris Mechanick to speak under Public Comment See Page 2). 4. CONSIDERATION OF AUTHORIZATION FOR MAYOR TO SIGN A PROFESSIONAL SERVICES CONTRACT WITH ECONOMICS, INC. FOR AB 939 IMPLEMENTATION SERVICES. Council Member McCartney abstained due to a conflict of interest and left the dais. Mr. Baker, Principal Planner, advised that this contract is for AB 939 Implementation Services with the firm, BcoNomics, Inc. for $25,496. This contract will assist the City in implementing local programs to meet the City's waste reduction goals. Valerie Lenz, Consultant with EcoNomics, Inc., advised that they have been doing recycling consulting for approximately 10 years. She stated that this project is in conjunction with the Cities of Rancho Mirage and Indian Wells which will save money and eliminate duplication of effort. In response to Council Member Sniff, Ms. Lenz advised that this is a one-year project. Their goal is to complete the majority of the work within nine to ten months. BIB] 01-27-96-U01 01:09:42PM-U01 CCMIN120793-U02 tCity Council Minutes 7 December 7, 1993 MOTION It was moved by Council Members SniffiBangerter to authorize the Mayor to sign a professional services contract with EcoNomics, Inc. for AH 939 implementation services in an amount not to exceed $25,496. Motion carried unanimously with Council Member Mccartney absent. MINUTE ORDER NO.93-246. 5. CONSIDERATION OF AMENDMENT TO COUNCIL RESOLUTION 93-57 BY ELIMINATING THE REQUEST FOR DETACHMENT FROM THE COUNTY REGIONAL PARK & OPEN SPACE DISTRICT FOR ANNEXATION #9. Mr. Herman, Planning Director, referred to the map on display and advised that the City submitted its application to LAFCO for Annexation #9. A hearing is scheduled for their consideration on December 9, 1993. LAFCO advised that in order for them to support this request, the detachment request would need to be eliminated. This detachment would not affect the City financially nor would it have an impact on our shared revenue agreement with the County. The property owners would continue to pay to the County Regional Park District a tax of $174.58 for regional parks. RESOLUTION NO.93-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA AMENDING RESOLUTION 93-57 BY WITHDRAWING THE REQUEST TO DETACH FROM THE RIVERSIDE COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT FOR ANNEXATION #9 TO BE CONSIDERED BY THE LOCAL AGENCY FORMATION COMMISSION. It was moved by Council Members Sniff/Bangerter that Resolution No.93-92 be adopted as submitted. Motion carried unanimously. 6. CONSIDERATION OF EXTENDING THE FEE WAIVER frOR BUILDING PERMITS IN CONJUNCTION WITH PARCEL MERGER AND LOT-LINE ADJUSTMENT APPLICATIONS TO DECEMBER 31, 1994. APPLICANT: CITY OF LA QUINTA. Mrs. Mouriquand-Cherry, Associate Planner, advised that this program, which has been in effect for several years for the Cove area is now up for annual review and consideration of extending the program. This policy establishes a fee waiver of the lot- line adjustment and parcel-merger application fees, building permit fee waivers, and a 50% waiver of the City's infrastructure fee for those pulling permits for single-family home construction. BIB] 01-27-96-U01 01:09:42PM-U01 CCMIN120793-U02 tCity Council Minutes 8 December 7, 1993 In response to Council Member Sniff, Mr. Hunt, City Manager, advised that the program cost the City $20,768 for 1993. Mayor Pena commented that he will support this program for this year, but he felt that we Cannot continue it On a yearly basis. He felt at some point we need to end this program and make the citizens aware of it. Council Member Sniff stated that it might be an incentive if the City indicates that this is the last year for this program. MOTION It was moved by Council Members Sniff/Bangerter to approve a final one- year extension of the Fee Waiver Program for building incentives for the Cove area to December 31,1994. Motion carried unanimously. MINUTE ORDER NO.93-247. 7. CONSIDERATION OF AWARD OF BID TO AZ-TECH ELECTRIC FOR FRITZ BURNS PARK TENNIS COURT LIGHT REPAIRS. Mayor Pena bstained due to a conflict of interest and left the dais. Mr. Bohien, Parks & Recreation Director, advised that on September 21, 1993, Council authorized staff to solicit bids for the repair of tennis court lights 1-4 at Fritz Burns Park. AZ-Tech Electric submitted the only bid in the amount of $18,598.96. This bid was above the original estimate, however, staff felt that it accurately reflects the work and repairs that are required. In response to Council Member Sniff, Mr. Bohien advised that this is a permanent solution. He advised that the bid includes replacement of all 24 fixtures which the original bid did not include. MOTION It was moved by Council Members Sniff/McCartney to award a contract to AZ-Tech Electric in an amount not to exceed $18,598.96 for repair of tennis Courts 1-4 lighting system at Fritz Burns Community Park and authorize staff to proceed with execution of the contract and payment for the repairs indicated in Attachment No. 1. Motion carried unanimously with Mayor Pena absent. MINUTE ORDER NO.93-248. At this time Business Session No.16 was taken out of order. BIB] 01-27-96-U01 01:09:42PM-U01 CCMIN120793-U02 tCity Council Minutes 9 December 7, 1993 16. CONSIDERATION OF AGREEMENT WITH BSI, INC. TO PROVIDE FRITZ BURNS COMMUNITY PARK CONSTRUCTION DRAWINGS AND RELATED SERVICES. Mayor Pena abstained due to a conflict of interest and left the dais. Mr. Bohien, Parks & Recreation Director, advised that on November 16, 1993, Council authorized staff to negotiate an agreement for construction drawings and related services with BSI, Inc. for Fritz Burns Park. The City provided BSI, Inc. with fee and scope of work requirements and they responded with acceptable fees and services. In response to Council Member Sniff, Ms. Honeywell, City Attorney, advised that she has reviewed the agreement and approved it as to legal form. She also gave recommendations to the content, which were favorably addressed during negotiations. MOTION It was moved by Council Members Sniff/Mccartney to approve the Contract Services Agreement with BSI, Inc. to provide Fritz Burns Community Park construction drawings and related services with fees for services of $314,782. Motion carried unanimously with Mayor Pena absent. MINUTE ORDER NO.93-249. 8. CONSIDERATION OF REDUCTION IN IMPROVEMENT SECURITY FOR PARCEL MAP 27681 BANGERTER. Council Member Bangerter abstained due to a conflict of interest and left the dais. Mr. Speer, Ass't City Engineer, advised that the proposed reduction in improvement security is related to a five-parcel subdivision located on Date Palm Road between Sagebrush Avenue and Saguaro Drive. He advised that the developer has completed 80% of the improvements and staff recommends that the improvement security be reduced by 70% in accordance with the Municipal Code. In response to Council Member Sniff, Mr. Speer advised that there is no deviation from the normal practices that the City conducts on an issue such as this. MOTION It was moved by Council Members Sniff/Mccartney to approve a 70% reduction in performance security for Parcel Map 27681 as set forth in Attachment 2. Motion carried unanimously with Council Member Bangerter absent. MINUTE ORDER NO.93-250. BIB] 01-27-96-U01 01:09:42PM-U01 CCMIN120793-U02 tCity Council Minutes 10 December 7, 1993 9. CONSIDERATION TO AWARD A CONTRACT FOR THE ACQUISITION OF ARBITRAGE COMPLIANCE SERVICES. Mr. O'ReiIly, Finance Director, advised that at the October 5th Council meeting, a Selection Committee was appointed by the Council consisting of Council Member Sniff, an Investment Advisory Board Member, and two staff members. The Committee reviewed the Request For Proposals for Arbitrage Services and recommended Muni Financial Services to provide the Arbitrage Compliance Services. In response to Council Member Sniff, Mr. O'Reilly confirmed that the City has had a successful and productive business relationship with this firm in the past. MOTION It was moved by Council Members Sniff/Bangerter to award a contract to Muni Financial Services for Arbitrage Compliance Services in an amount not to exceed $20,000. Motion carried unanimously. MIUUTE ORDER NO.93-251. 10. CONSIDERATION OF REQUEST TO APPOINT AN INVESTMENT ADVISORY BOARD LIAISON OR PROVIDE A SPECIFIC TASK OUTLINE TO THE INVESTMENT ADVISORY BOARD. Mr. O'ReiIly, Finance Director, advised that the Investment Advisory Board is seeking additional direction and input on their specific duties and responsibilities. Staff recommended the appointment of a Council liaison for flexibility and addressing specific concerns. Council Member Sniff wondered what they were exactly looking for and what this Council Member would provide. He felt it was vague and ill-defined. Mayor Pena stated that he, too, was confused about their request and suggested that the Chairman of the Advisory Board give a brief presentation to the Council for clarification. Council concurred. 11. CONSIDERATION OF CABLE CONSULTANT FOR NEGOTIATION OF FRANCHISE RENEWAL. Mrs. LiCalsi, Personnel & Budget Manager, advised that this item was continued from the November 16th meeting for consideration by the entire Council. The Selection Committee reviewed the nine proposals submitted for cable consultant services and thoroughly checked the references of the top two firms. They felt that Municon was the most qualified to assist with contract-renewal negotiations for cable television. It is their BIB] 01-27-96-U01 01:09:42PM-U01 CCMIN120793-U02 tCity Council Minutes 11 December 7, 1993 recommendation to authorize the City Manager and City Attorney to negotiate a contract for professional services and return to Council for approval. She advised that the Cost for the consulting services will be recovered as part of the contract-renewal negotiations and the up-front costs to the City will be negotiated at that time. Mayor Pena felt that both firms would do a fine job, but he was still concerned about hiring an out-of-state firm to represent the City. He felt that there would be substantial out-of-pocket costs involved. Council Member Mccartney wanted to know what position the City was in from a leverage standpoint. because he was aware that the City had signed an agreement with Colony approximately one year ago to renegotiate the existing services. Ms. Honeywell, City Attorney, advised that in approving the transfer, we actually amended a portion of the franchise agreement and its term from eight years to three years from which we could in good faith renegotiate a new franchise with them. If we are unable to satisfactorily renegotiate with them in that three-year period, the agreement will terminate. She noted that we have 1 1/2 years left to renegotiate our current franchise. She further advised that the City is obligated to renegotiate with our current franchisee under the U.S. Cable Franchise Act, which states that the City must go through many steps before deciding not to renew with them. Therefore, the amendment accelerated the process by which the City can re-look at the whole franchise and negotiate new terms, if desired. As far as what terms we can negotiate, it will be completely open. Also, as a part of negotiating with them first, they agreed to pay our cost in this renegotiation process. She stated that we have as least as much leverage as we normally would have if we were approaching the last 1 1/2 years of a regular franchise agreement. In response to Council Member McCartney, Ms. Honeywell advised that we would not be able to entertain proposals from other cable companies until we have gone through the process and determined that we could not, in good faith come to an acceptable new franchise with Colony. She further stated that when the agreement was amended, the term of the current agreement was cut back. What was discussed in good faith was negotiating for a new contract that would then go beyond the initial terms, if we successfully enter into one. She explained that the purpose of hiring a consultant is because of their experiences in dealing with various cable franchises. The consultants have a three-prong approach which includes 1) Doing an overall assessment based on their experience across the country, as to whether our franchise is strong enough; 2) Review of our franchise ordinance and our code to tighten it up and make it more flexible to deal with all new issues coming up. She noted that this should take place before entering into our actual discussions and negotiations of the franchise agreement; and 3) The actual negotiations of the franchise. BIB] 01-27-96-U01 01:09:42PM-U01 CCMIN120793-U02 tCity Council Minutes 12 December 7, 1993 Council Member McCartney stated that he understands the need for a consultant and it appears that we have a good amount of leverage. He commented that no matter what consultant we choose, Colony will understand that this is not a done deal and that there needs to be a lot of work done in order to consummate this renewal. In further response to Council Member McCartney, Ms. Honeywell advised that the consultants they spoke with felt that 11/2 years is enough time to complete this process. She further advised that Colony's primary in-house attorney who negotiated with the City in the past is based back east. Council Member Perkins stated his concern about the out-of-pocket expenses and felt that these charges are like an open book and it needs to be clarified before entering into a contract. Council Member Bangerter stated that the out-of-pocket expenses would be included in the negotiations. The cost for Municon's services is totally negotiable. The Council would only be approving authorization to negotiate a contract for professional services. Mayor Pena felt giving approval to negotiate this contract was necessary in order to determine the costs and what we expect from them, as well as giving staff direction as to negotiation parameters. He noted that the City used Telecommunications Management Corporation before and was pleased with their services. Council Member Sniff stated that this is a significant issue for this community and it is important that the City hire the best consultants possible to negotiate on our behalf. The Selection Committee gave every bit of due diligence and evaluated it at length. They felt the location of the firm was not cause for great concern because they most likely will only make one visit Out here. Their engineer is based in California. He stressed that this is not a local jobs for local people issue and felt that it would be a gross mistake to select a firm that has been recommended by Colony to represent the City in these negotiations. He felt that a decision needs to be made quickly and strongly recommended Municon because of their experience and excellent recommendations. He was hopeful that a proposal could be submitted to the Council within 15 to 30 days. In response to Council Member McCartney, Ms. Honeywell advised that there is not a cap on what Colony will reimburse. However, any contract will imply a certain reasonableness in it. The City would not be able to load a lot of cost in it that would be considered unreasonable. During negotiations with Municon, we could ask if this is their reasonable and standard charge in order for us to justify if it is, in fact, a reasonable amount for their services. BIB] 01-27-96-U01 01:09:42PM-U01 CCMIN120793-U02 t City Council Minutes 13 December 7, 1993 MOTION It was moved by Council Members Sniff/Bangerter to approve Municon to assist with contract-renewal negotiations for cable television and authorize the City Manager and City Attorney to negotiate a Contract for professional services to be returned to the City Council for approval. Motion carried unanimously. MINIJTE ORDER NO.93-252. 12. CONSIDERATION OF NEIGHBORHOOD INFORMATION-EXCHANGE PROGRAM. Mrs. LiCalsi, Personnel & Budget Manager, advised that Council directed staff at the November 2, 1993 Council meeting to incorporate their input into a modified program titled Neighborhood Information-Exchange Team. This program would begin in January, 1994, with the two prototype neighborhoods one in the Cove and one in North La Quinta. She referred to a fact sheet in the staff report which will be used to notify the neighborhoods of the program. Mayor Pena stated that he preferred the program to be titled Neighborhood Information Exchange Program. Council Member Bangerter was not comfortable calling it a Neighborhood Information Exchange Program. She felt that this program was more than exchanging information because the citizens will be taking action on issues of concern in their neighborhood. In response to Council Member Sniff, Council Member Bangerter wished for it to be clear that this will not just be a program whereby information is exchanged but rather, actionary in nature. She felt that it's extremely important to re-activate the Citizens on Patrol Program, as there's been many cases of graffiti and vandalism over the past couple of weeks which has affected her personally. These kinds of acts diminished significantly when the Citizens on Patrol Program was active. These groups can also be beneficial when developmental issues surface, as they can organize and have one speaker representing them, rather than a number of speakers. Council Member Sniff suggested naming the program Neighborhood Information and Action Program. Council Member McCartney stated that we need to give the neighborhoods the ability to look at their surroundings and begin to not only reactivate a Citizens on Patrol program but possibly form their own graffiti swat-team so they can take care of the graffiti as it happens. He also believed that this program is more than exchanging information. It facilitates the neighborhoods ability to take care of their own problems and deal with their own issues and come up with their own solutions. This program not only gives a BIB] 01-27-96-U01 01:09:42PM-U01 CCMIN120793-U02 tCity Council Minutes 14 December 7, 1993 passive element but an active element, which he wished to see captured in this program. Mayor Pena concurred with Council Member Sniff to title the program Neighborhood Information and Action Program. He felt that it can be refined after its implementation. Council Member Sniff suggested delineating areas of focus, such as disaster preparedness, graffiti abatement, neighborhood patrol, and traffic. Council concurred. Mayor Pena felt by starting off with these suggestions and getting the citizens interested, the citizens can expand the program as time progresses. In response to Council Member Sniff, Ms. LiCalsi advised that at this point it is anticipated that the duties of the program would be observed by staff within their existing work load. The budget does not include any additional staff time. Council Member Sniff stated that at the end of the fiscal year there will be an evaluation to determine how the program is proceeding, how functional it is, and how effective it is. At that time we could delete, add, or expand. Mayor Pena suggested involving the volunteers in the Volunteer Program. MOTION It was moved by Council Members Sniff/Bangerter to approve the implementation of the Neighborhood Information and Action Program using the Cove and North La Quinta as the prototype neighborhoods, with a review of the program as part of the annual budget process for fiscal year 1994/95. Council Member Bangerter asked if the entire Cove area would be considered one neighborhood. She felt that the area is too big to be one neighborhood. Mrs. LiCalsi stated that the recommendation did include the entire Cove because they were concerned that there may not be enough citizens desiring to participate. They will be able to decide if the Cove is too large when the program is reviewed. Motion carried unanimously. MINUTE ORDER NO.93-253. 13. CONSIDERATION OF REQUEST FOR PROPOSALS FOR REDEVELOPMENT IECONOMIC DEVELOPMENT CONSULTANT SERVICES. Mr. Genovese, Ass't. City Manager, advised that the City has been utilizing the services of Rosenow, Spevacek Group, Inc. for professional redevelopment and economic BIB] 01-27-96-U01 01:09:42PM-U01 CCMIN120793-U02 tCity Council Minutes 15 December 7, 1993 development services for approximately six years. A consultant services review process has not been conducted for these services since the adoption of Resolution 93-28. This selection process provides for two alternatives: 1) a request for proposal process or 2) the renegotiation of the existing consultant services agreement. It is staff's recommendation that Council authorize the formation of a Selection Committee and appoint two Council Members to the Committee. In response to Council Member Sniff, Mr. Hunt, City Manager, advised that it is recommended that we go out for the full RFP process because it has been six years and we need to find out if we're getting the best bang for our bucks." He noted that we are not dissatisfied with the consultant's services but it's good to find out what is available. Mayor Pena concurred that it is good business to do this. Council Members Bangerter and McCartney volunteered to serve on this committee. MOTION It was moved by Council Members Sniff/Perkins to authorize the formation of a Selection Committee and distribution of the Request for Proposals to firms identified in the Professional Services Registry' and other firms as deemed appropriate by staff. In addition, appoint Council Members McCartney and Bangerter to serve on the Selection Committee. Motion carried unanimously. MINUTE ORDER NO.93-254. 14. CONSIDERATION OF REQUEST FOR PROPOSALS FOR FINANCIAL ADVISORY SERVICES. Mr. Genovese, Ass't. City Manager, advised that this request is similar to the previous report, but involves a Request for Proposals process for financial advisory services. Council Member Sniff and Mayor Pena volunteered to serve on this committee. MOTION It was moved by Council Members Sniff/Bangerter to authorize the formation of a Selection Committee and distribution of the Request for Proposals to firms identified in the Professional Services Registry and other firms as deemed appropriate by staff. In addition, appoint Council Member Sniff and Mayor Pena to serve on the Selection Committee for financial services. Motion carried unanimously. MINUTE ORDER NO.93-255. BIB] 01-27-96-U01 01:09:42PM-U01 CCMIN120793-U02 tCity Council Minutes 16 December 7, 1993 15. CONSIDERATION OF AMENDMENT TO CITY COUNCIL'S RULES OF PROCEDURE TO ADOPT PROTOCOL IN THE ABSENCE OF THE MAYOR AND MAYOR PRO TEMPORE. Mrs. Juhola, City Clerk, advised that it became evident at the last Council meeting that protocol is necessary when both the Mayor and Mayor Pro Tempore are absent. The proposed resolution establishes that the senior Council Member will serve as Presiding Officer in both individuals' absence. RESOLUTION NO.93-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA ADOPTING RULES OF PROCEDURE FOR COUNCIL MEETINGS AND RELAThD FUNCTIONS AND ACTWITIES. It was moved by Council Members McCartneylBangerter that Resolution No.93-93 be adopted as submitted. Motion carried unanimously. 17. CONSIDERATION OF RECOMMENDATIONS OF TECHNICAL TRAFFIC COMMITTEE ON VARIOUS TRAFFIC ISSUES. Mr. Speer, Ass't. City Engineer, advised that on October 27th the Technical Traffic Committee met to discuss five separate issues at various locations throughout the City with recommendations on four of the issues contained in the staff report. In response to Mayor Pena and Council Member McCartney, Mr. Speer proceeded to give a brief presentation on each of the four issues and a history of accidents that have occurred. Relative to Issue No.1 Reduction of Traffic Volume on Calle Tampico and Park Street, Council Member Sniff questioned the rationale and justification for this request and asked if a traffic study or traffic count had been completed. Mr. Speer advised that the Painted Cove residents submitted this request. It was taken to the Traffic Committee at which time there was no recommendation from them to do a traffic study or ask for speed surveys. No other special study was requested. Council Member Sniff felt that it would be helpful to have a study because without it we're operating in the dark. He drives this street many times a day and does not see any significant amount of traffic on it. He was uncomfortable about proceeding without some demonstrable facts to review. BIB] 01-27-96-U01 01:09:42PM-U01 CCMIN120793-U02 tCity Council Minutes 17 December 7, 1993 Mayor Pena concurred that we need some backup information in order to justify this request, such as traffic surveys, bus schedules, etc., because there doesn't seem to be much traffic. Mr. Speer advised that the proposed truck route ordinance that will be submitted to Council on January 18, 1994 is proposing to take the buses off of this route, which he school district has agreed to once it has passed. He noted that for the public hearing it must first go through a 60 day advertising period. Council Member Perkins concurred that there needs to be an engineering study, a traffic accident impact study, and a traffic count before reducing the speed limit and that a realistic speed limit be established and enforced. Council Member Sniff commented that with the new ordinance, commercial vehicles will most likely be removed from those streets which will make a significant difference in the amount of traffic and noise. He noted that this is an access to the school, the YMCA, and the Boys and Girls Club, and the people using these facilities need to be able to reach their destination without being excessively discouraged or deterred. He stated that without documentation, he could not support this request. Mr. Speer stated that they will complete a study on it. Relative to Issue No.3 Traffic Safety Improvements at Bermudas/Tampico Intersection, Mr. Speer advised that after the recently completed widening of Calle Tampico, motorists on Bermudas seem to believe that the intersection is a four-way stop and pull Out in front of oncoming traffic. A second problem is motorists taking the short-cut to Circle K by traveling east in the westbound lanes. There has been one accident at this intersection on Halloween with no serious injuries). The recommendation is to paint arrows on both the eastbound and westbound lanes of Tampico on the pavement and wait another six months and see if the motorists become more familiar with it. Council Member Perkins felt there should be a boulevard stop sign there but not at the present time) and that the arrows are essential. Mayor Pena also agreed with installing the arrows and stepping up the enforcement of illegal movements. Council Member Bangerter concurred that there is always illegal movements at this intersection which may not necessarily be intentional. They may not understand that it is only a one-way stop. In response to Council Member Perkins, Mr. Reynolds advised that there is a sign there now stating that cross traffic does not stop. BIB] 01-27-96-U01 01:09:42PM-U01 CCMIN120793-U02 tCity Council Minutes 18 December 7, 1993 Relative to Issue No.4 Traffic Safety Improvements at Various Intersections in Vicinity of New High School, Mr. Speer advised that this issue was continued by the Traffic Committee and they did request traffic counts at the particular intersections involved which they will report back with before the high school opens. Relative to Issue No.5 New Traffic Signal on Highway 111 for Access to Plaza La Quinta, Mr. Speer advised that one of the members of the Technical Traffic Committee is a Caltrans employee and he said that if the City is interested in pursuing such a signal, that a traffic study needs to be done to provide the justification for the signal and the City would be responsible for the funding. He noted that this would be a new intersection, slightly west of Downey Savings is and the other one would be eliminated. The spacing between signals would be similar to the two at the Village Shopping Center in Indian Wells. A brief discussion ensued regarding the access on Washington, with Mr. Speer advising that when Washington Street is widened, there will be a raised median which will prevent left-turns Out of the center. Mr. Speer advised that staff's intent is to prepare a more detailed report for presentation to the Council Council concurred. 18. TRANSMITTAL OF TREASURER'S REPORT OCTOBER 31, 1993. MOTION It was moved by Council Members Sniff/Bangerter to receive and file the Treasurer's Report dated October 31.1993. Motion carried unanimously. MINUTE ORDER NO.93-256. 19. SECOND READING OF ORDINANCES: ORDINANCE NO.237 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REPLACING CHAPTER 2.06 OF THE LA QUINTA MUNICIPAL CODE AND ADDING NEW CHAPTER 2.06 RELATING TO BOARDS AND COMMISSIONS. It was moved by Council Members Sniff/Bangerter that Ordinance No.237 be adopted on second reading. Motion carried by the following vote: BIB] 01-27-96-U01 01:09:42PM-U01 CCMIN120793-U02 tCity Council Minutes 19 December 7, 1993 AYES: Council Members Bangerter, McCartney, Perkins, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None ORDINANCE NO. 238 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 7 HISTORICAL PRESERVATION OF THE LA QUINTA MUNICIPAL CODE. It was moved by Council Members Smif/Bangerter that Ordinance No.238 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 CONSENT CALENDAR APPROVAL OF DEMAND REGISTER DATED DECEMBER 7, 1993. 2. ADOPTION OF RESOLUTION AUTHORIZING AN APPLICATION TO THE STATE OF CALIFORNIA FOR A CERTIFICATE OF CONSENT TO SELF- INSURE FOR WORKERS' COMPENSATION. 3. APPROVAL OF A CARNIVAL IN THE WALMART PARKING LOT ON DECEMBER 10,11 & 12 APPLICANT: ANDY TEASLEY, ATSSCON FESTIVAL COMPANY. 4. APPROVAL OF EMPLOYMENT AGREEMENT WITH FRANK REYNOLDS TO PERFORM THE FUNCTIONS OF SPECIAL PROJECTS ASSISTANT TO THE CITY ENGINEER/PUBLIC WORKS DIRECTOR FROM DECEMBER 18, 1993 THROUGH JUNE 17, 1994. MOTION It was moved by Council Members Sniff/Bangerter to approve the Consent Calendar as recommended with Item No.2 being adopted by RESOLUTION NO.93- 96. Motion carried unanimously. MINUTE ORDER NO.93-257. BIB] 01-27-96-U01 01:09:42PM-U01 CCMIN120793-U02 tCity Council Minutes 20 December 7, 1993 STUDY SESSION None DEPARTMENT REPORTS None MAYOR AND COUNCIL MEMBERS' ITEMS DISCUSSION OF REORGANIZATION OF TIlE REDEVELOPMENT AGENCY BOARD OF DIRECTORS. Council Member Perkins advised that after reviewing the organization of the City Council and Redevelopment Agency, he recommended the positions of Chair and Vice Chair be held by someone other than the Mayor and Mayor Pro Tempore. He felt that rotating these positions gives each member of the Council an opportunity to sit in one of the positions of Mayor Pro Tempore, Chair, and Vice Chair. He suggested that when the Mayor Pro Tempore steps down, he/she automatically would be appointed Chair of the Redevelopment Agency. He believes it lends importance to the role of the Redevelopment Agency and to the City Council. By doing this, it separates them and gives an impression that there are two very definite boards working together. As far as logistics are concerned, the Mayor would recess the City Council meeting and then the Chair of the Redevelopment Agency would take over from the position he is currently seated. He noted that this is common in a number of cities. Council Member McCartney felt that it makes a lot of sense to spread the responsibilities among the Council Members so everyone has an opportunity to serve in a different capacity. He stated that he would support this change if the Chair of the Agency was selected by all of the Council Members rather than an automatic appointment. Mayor Pena was comfortable with the current process and felt that it would cause confusion once the City Council recessed to the Redevelopment Agency. He stated that the only function of Chair is the signing of checks and resolutions. He felt it would create a burden. Council Member Perkins disagreed because each Council Member is in City Hall almost daily so it would not be confusing as far as signing the paperwork. He felt it is each Council Member's responsibility to be in a position to share the responsibilities as Chair or Vice Chair. As it stands now, these responsibilities are not being spread Out. Mayor Pena stated that he doesn't have any problem with it but he doesn't wish to get involved in the politics of choosing a Chair and a Vice Chair. He would, however, agree to following an established procedure. BIB] 01-27-96-U01 01:09:42PM-U01 CCMIN120793-U02 tCity Council Minutes 21 December 7, 1993 Council Member Perkins referred to the procedures followed by the City in which he previously served as a Council Member and advised that it was a smooth transition and it worked very well. In response to Council Member Sniff, Ms. Honeywell, City Attorney, advised that the Agency procedures are covered separately in the Agency Bylaws which must also be amended when there is a change in the procedures. She further advised that they do have the ability in the Health and Safety Code to designate someone other than the Mayor and Mayor Pro Tempore. The reason no specific action is needed to be taken by the Agency each year is because the Agency Bylaws state that the Mayor and Mayor Pro Tempore automatically become Chair and Vice Chair. Council Member Sniff noted that potential conflicts of interests for the Agency Chair and Vice Chair has not been addressed as it was for Council. Mr. Hunt, City Manager, stated that they will review the Bylaws of the Agency and if it's not clearly stated they will bring it back for the Board's action. Council Member Bangerter stated that if Council wishes to make this change, she felt that these positions should be appointed and not placed on a rotating basis. She requested that staff obtain additional information on what the normal procedures are for Redevelopment Agencies. She didn't wish for this to cause any confusion for the Finance Department. Council concurred for staff to research this further and report back. The Council adjourned to closed session. CLOSED SESSION A. Discussion of on-going litigation pursuant to Government Code Section 54956.9 1. Primerit Bank Case No.71942 2. Hudson vs. City of La Quinta Case No.1-68259 B. Discussion of on-going litigation pursuant to Government Code Section 54956.9(a) 1. City of La Quinta vs. Refco Corporation C. Discussion of Personnel pursuant to Government Code Section 54957. 1. Evaluation process for Council-appointed positions 2. Personnel scheduling BIB] 01-27-96-U01 01:09:42PM-U01 CCMIN120793-U02 tCity Council Minutes 22 December 7, 1993 Council reconvened to regular session at 7:00 P.M. PUBLIC COMMENT None PRESENTATIONS Mayor Pena presented the La Quinta Heautiftil Award Best Holiday Spirit" for the month of October to Roy and Linda Hall, 54-655 Avenida Berrnudas. Mayor Pena presented Council Member Sniff with a plaque expres8ing the Council's appreciation for distinctive service as Mayor Pro Tern for tIle years 1991-1993. PUBLIC HEARINGS 1. WEED ABATEMENTS/LOT CLEANINGS AND PLACEMENT OF COSTS ON 1994/95 TAX ROLLS: 1. YERGER, RICHARD E. APN 774-192-019 $187.50 2. YERGER, RICHARD E. APN 773-113-004 $187.50 3 TEAFORD, ROBERT L. APN 773-091-001 $187.50 4. GOTTLIEB, LEON S. APN 773-114-001 $187.50 5. SAN FERNANDO SWAP MEET APN 773-114-004 $187.50 6. SAN FERNANDO SWAP MEET APN 773-163-014 $187.50 7. DEMAN, RICHARD APN 774-095-005 $187.50 8. DEMAN, RICHARD APN 774-095-006 $187.50 9. BUMGARDNER, ANNABELLE APN 769-062-012 $187.50 10. BARNETT, WILLIAM APN 769-062-003 $187.50 11. BARNETT, WILLIAM APN 769-061-002 $187.50 12. YATES BUILDERS APN 769-061-002 $187.50 13. PEMBROKE, H. M. APN 773-124-022 $187.50 14. SCOTT, RYAN APN 774-275-011 $187.50 15. SCOTT, RYAN APN 774-275-012 $187.50 16. HOFGAARDEN, LUTHER V. APN 774-275-009 $187.50 17. HOFGAARDEN, LUTHER V. APN 774-275-010 $187.50 18. IIEALY, PATRICIA C. APN 774-275-008 $187.50 19. SAN FERNANDO AIRPORT APN 774-283-016 $187.50 20. SAN FERNANDO AIRPORT APN 774-283-017 $187.50 21. SAN FERNANDO AIRPORT APN 773-322-023 $187.50 22. BOURGOIS, HARRY D. APN 773-302-027 $187.50 BIB] 01-27-96-U01 01:09:42PM-U01 CCMIN120793-U02 tCity Council Minutes 23 December 7, 1993 23. BOURGOIS, HARRY D. APN 773-302-028 $187.50 24. LA QUINTA ASSOC. APN 604-251-001 $187.50 25. LA QUINTA ASSOC. APN 604-251-002 $187.50 26. LA QUINTA ASSOC. APN 604-251-003 $187.50 27. LA QUINTA ASSOC. APN 604-251-004 $187.50 28. LA QUINTA ASSOC. APN 604-251-006 $187.50 29. LA QUINTA ASSOC. APN 604-251-012 $187.50 30. LA QUINTA ASSOC. APN 604-252-013 $187.50 31. LA QUINTA ASSOC. APN 604-252-024 $187.50 32. LA QUINTA ASSOC. APN 604-252-025 $187.50 33. LA QUINTA ASSOC. APN 604-252-026 $187.50 34. LA QUINTA ASSOC. APN 604-252-027 $187.50 35. SHUBIN, BEVERLY APN 769-132-017 $187.50 Mr. Hartung, Building and Safety Director, advised that all of the above-mentioned lots have been cleaned and recommended that the costs be placed on the 1994/95 tax rolls with the exception of the following, which have paid their assessments: Nos. 7, 8,13, 14, 15, 16, 17, 18, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33 and 34. The Mayor declared the PUBLIC HEARING OPEN. There being no one wishing to speak, the PUBLIC HEARING WAS CLOSED. RESOLUTION NO.93-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, ASSESSING LIEN AND PROVIDING FOR COLLECTION ON TAX ROLLS ON CERTAIN PROPERTY FOR COSTS OF ABATEMENT OF PUBLIC NUISANCE. It was moved by Council Members Sniff/Bangerter that Resolution No. 93-95 be adopted. Motion carried unanimously. 2. CHANGE OF ZONE NO.91-066, SPECIFIC PLAN 93-023, TENTATIVE TRACT MAP 27854 & PLOT PLAN 93-502 A REQUEST TO REDESIGNATE 12 + ACRES ON THE WEST SIDE OF WASHINGTON STREET, 700 FEET NORTH OF CALLE TAMPICO FROM R-1, R-2 8,000 RESIDENTIAL) AND C-P COMMERCIAL) TO R-2 MULTIPLE-FAMILY DWELLINGS), AND DEVELOP A 116-UNIT, ZERO LOT-LINE CONDOMINIUM PROJECT INCLUDING SOME AFFORDABLE HOUSING) ON THE SITE. APPLICANT: MR. JOSEPH A. SWAIN, PRESIDENT, JASCORP. Mr. Greg Trousdell, Associate Planner, advised that the matter before the Council is a request by Jascorp to develop a 12-acre site on the west side of Washington Street, 700' BIB] 01-27-96-U01 01:09:42PM-U01 CCMIN120793-U02 tCity Council Minutes 24 December 7, 1993 south of Calle Tampico. The project is south of the existing evacuation channel and adjacent to the future Ralph's Center. The proposal is for a 1 16-unit, zero lot-line condominium project. Mr. Trousdell proceeded to analyze the details of the project, reviewing the parking, traffic circulation, amenities, landscaping, etc. as reviewed in the detail in the staff report on file in the City Clerk's office. He stated that the overall density of 9.6 will not create an adverse impact on the area since the immediate area is planned for medium- density, residential uses; neighborhood commercial uses, and major community facilities. Further, the project has been conditioned to meet the architectural requirements of the City. The Change of Zone request is consistent with the City's long-range General Plan document which depicts this area as Medium Density 4-8 units?ac). He noted that a density bonus of 25% has been included, in conformance with State Law, because the project includes affordable housing units. He noted that the Planning Commission has approved the project with conditions. Joe Swain, President of Jascorp, addressed the Council, reviewing the internal circulation and noted that it was originally designed with sixplexes, but have since modified the project to duplexes based upon market studies. He believed that the project is appropriate for the location, being on a busy arterial and adjacent to an evacuation channel and a proposed commercial center. He then reviewed the architectural elements of the units advising that there are 58 structures for a total of 116 unitS, and will have the look and feel of a single-family detached community. There will be a 1,600 sq. ft. recreation building. This recreation facility will also serve as the sales pavilion through the sales activity until about 50% sell-out and will then be moved). The recreation building is basically to allow for restroom changing for the pool area; card games and other games, etc. In response to Council Member Perkins, Mr. Swain advised that the distance from center-line in Washington Street to inside the project. There is sufficient area remaining for the widening of Washington Street. Council Member McCartney questioned the height of the wall along Washington and Mr. Swain advised that it is 6'6". Council Member McCartney expressed concern with the noise factor citing the traffic on Washington Street and preferred to see it constructed on a berm in order to elevate it. In answer to Council Member Bangerter regarding the legalities of the maintenance of the property, Ms. Honeywell, City Attorney, advised that the City can require that the City be able to review the C.C.& R'S before they're put in place. She added that they will run with the land as long as it's subdivided in this configuration. The City can also include in the C.C.& R's a requirement that the City, as a third party, beneficial interest, to have the ability to enforce them. BIB] 01-27-96-U01 01:09:42PM-U01 CCMIN120793-U02 tCity Council Minutes 25 December 7? 1993 Council Member Sniff questioned the size of the units and proposed price ranges. Mr. Swain advised that they are 1,100 sq. ft. 1,232 sq. ft. and will sell for about $139,000 $124,000. They are hoping to keep the homeowners association dues as minimal as they can. The amenities include a recreation building, swirnrning pool and spa and play yard. He added that they are hoping to break ground in April 1994. Mr. Herman advised that Condition No.53 addresses the requirement for City review of the C.C.& R's prior to recordation. Council Member McCartney noted that the northern boundary abuts the loading/unloading area of Ralphs and asked if any sound mitigation has been considered. Mr. Swain advised that they will probably build a much higher wall along that property line possibly about 7'6". They are also hopeful that the backside of the Ralphs center will be architecturally pleasing to those viewing out the rear door. Council Member Mccartney referred to Mr. Swain's comrnents about this project being pedestrian-friendly and family- oriented. Along that line, he questioned the lighting planned, the size of the play area and the possibility of making the recreation center child-care friendly", like lower toilets, so that the facility could be used for child-care during the day by the residents. Mr. Swain responded that the lighting issue is a sensitive one, in that a balance has to be struck between the stargazers and those seeking additional safety and security. He was hopeful that the lighting they install will offer safety for pedestrian traffic within the project within Code requirements. Regarding the play area which is outdoors, they may consider a change in making it closer to the recreation building. Regarding the possibility of using the recreation room for child-care, he felt that the layout could serve both uses, however, the restrooms are not designed for children. He offered to consider expansion of the facility for such a use. The Mayor declared the PUBLIC HEARING OPEN. Dane Hooper, 78-620 Avenida Tujunga, directly across Washington Street from the proposed project, spoke in opposition to the proposed project, noting that he purchased his property about four years ago with the understanding that the property in question would be developed R-1 or R-2 with medium density. He was concerned that 116 units to house about 250 people on 12 acres was an unacceptable ratio for that property and will diminish his property values. This piece of property should have no more than 54 units 82 at the most). He expressed a concern that the project will become a ghetto. He also expressed concern that the Redevelopment Agency will be providing financial BIB] 01-27-96-U01 01:09:42PM-U01 CCMIN120793-U02 tCity Council Minutes 26 December 7, 1993 assistance. He urged denial of the project. John Koenig, President of The Koenig Companies, 2601 Airport Dr., Torrance, advised that he has been working closely with Jascorp and the landowners to take a piece of property that is sandwiched in between the Civic Center, commercial retail and the evacuation channel. He noted that the units will appear single-family, that the architecture is compatible with what they intend to do with the Ralphs center. They have worked hard on ingress and egress in order to get cars on and off of Washington safely. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. Mayor Pena disagreed with Mr. Hooper's assessment of the proposed project. He noted that in the Cove, there is eight dulacre, which equates to 96 units per acre. This proposed project is not that different. He resented the comment about this project becoming a ghetto, as the proposed prices are also comparable with homes in the Cove. Council Member Sniff expressed concern about the size of the units, as he felt that 1,100 sq. ft. is snialler than what can be built in the Cove. He questioned the affordability of $100,000 to $124,000. He was quite concern about there being only one garage per unit as most households today have more than one vehicle. He felt that it was more dense than what he would like to see. He would like to support it, but he did have concerns relating to traffic, size of the units, density and price range. Council Member Bangerter said that her main concern related to aesthetics so that the City would not have to be concerned about how it looks and about its upkeep. She once lived in a similar community that was very well kept and had single garages with homes of this size. She felt that there has been a lot of cooperative effort put into this project by both property owners and that it's a well-planned community. She noted that it will be gated and will have a homeowners association and will be conditioned to be maintained. Council Member Perkins felt that the project was too dense and that not more than eight units per acre should be maintained. He believed that the project has a lot of good features and is needed in the community. Council Member Mccartney felt that the project was well thought-out and has evolved through public input, noting that it has been through many iterations. He was concerned about conditioning it so that the noise coming down Washington is mitigated. He suggested a requirement for the wall be built on a 2-3' berm depending on the noise impact. He also wished to see the wall along the south boundary increased to 7'6". Regarding the recreation building, he wished to see it enlarged to 2,000 sq. ft. and BIB] 01-27-96-U01 01:09:42PM-U01 CCMIN120793-U02 tCity Council Minutes 27 December 7, 1993 making it child-care friendly with an existing child-care provider providing the specifications. Regarding parking; he, too, was concerned, but felt that the best has been done in minimizing the effect of parking. Overall, he felt that it's an attractive project. He did not believe that it will decrease the value of the surrounding area. Council Member Sniff suggesting sending the project back to the Planning Commission for a second review in light of Council's comments. He was not comfortable with the density, the parking, there's a possible modification of the recreation facility to accommodate child-care. Mr. Swain responded to the matter of density, noting that with an affordable project, there is a 25% density bonus which brings the allowable number of units to 132, whereas, they're proposing 116 units. Regarding parking, he noted that there are 86 spaces provided on the street. There are 348 off-street parking spaces utilizing the garages and dnveways Ms. Honeywell, City Attorney, advised that there is a State mandated 25% density bonus when you have an affordable housing project. The City must provide the ability for that additional density to a developer with an affordable housing project. He will not be allowed to build the project unless he can provide evidence that it will truly be affordable. Mr. Herman, Planning Director, advised that without the density bonus, the allowable number of units would be 96. In response to Mayor Pena, Ms. Honeywell advised that the Redevelopment Agency has an obligation of assuring that 15% of all developer housing built in City Project Areas is affordable and any projects of which the City is a substantial part, that percentage increases to 30% of all housing that the Agency builds. In response to Council Member Sniff, Mr. Herman advised that the one-car garage is a deviation from past practice. Mr. Genovese advised that in conjunction with this project, there is a request for an inducement resolution to provide construction financing for Mortgage Revenue Bonds, which is State funds. There has been no request to access Redevelopment Agency Funds. MOTION It was moved by Council Members BangerterlMcCartney to take up Ordinance No.239 by title and number only and waive further reading. Motion carried with Council Members Perkins and Sniff voting NO. BIB] 01-27-96-U01 01:09:42PM-U01 CCMIN120793-U02 tCity Council Minutes 28 December 7, 1993 ORDINANCE NO. 239 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 91- 066 AND CONFIRMING THE ENVIRONMENTAL DETERMINATION. CASE NO. CZ 91-066- LA QUINTA VILLAGE JASCORP). It was moved by Council Members BangerterlMccartney that Ordinance no. 239 be introduced on first reading. Motion carried by the following vote: AYES: Council Members Bangerter, McCartney, Perkins, Mayor Pena NOES: Council Member Sniff ABSTAIN: None ABSENT: None RESOLUTION NO.93-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, APPROVING SPECIFIC PLAN 93-023, APPROVING A REQUEST TO DEVELOP A 116 UNIT ZERO LOT LINE CONDOMINIUM PROJECT. CASE NO. SP 93- 023- JASCORP LA QUINTA VILLAGE). It was moved by Council Members Bangerter/McCartney that Resolution No.93-96 be adopted. Motion carried with Council Member Sniff voting NO. RESOLUTION NO.93-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CONCURRING WITH THE ENVIRONMENTAL ANALYSIS AND APPROVING A TENTATIVE TRACT TO ALLOW A 116-LOT, SINGLE-FAMILY SUBDIVISION ON A 12 + ACRE SITE. CASE NO. TT 27854 LA QUINTA VILLAGE JASCORP). It was moved by Council Members Bangerter/McCartney that Resolution No.93-97 be adopted. Motion carried with Council Member Sniff voting NO. BIB] 01-27-96-U01 01:09:42PM-U01 CCMIN120793-U02 tCity Council Minutes 29 December 7, 1993 MOTION It was moved by Council Members McCartney/Bangerter that Plot Plan 93- 502 be approved with amendments to include a wall along Washington Street that will be 7'6" including berm); also that the south wall be the same height Condition No.15 d), and that the recreation building be increased to 2,000 sq. ft. at 70% build-out, and that the facility be built so that it is suitable to provide for child-care. Motion carried with Council Members Perkins and Sniff voting NO. MINUTE ORDER NO.93-258. RESOLUTION NO.93-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, DETERMINING THE NECESSITY TO PROVIDE FINANCING FOR THE SALE OF MORTGAGE REVENUE BONDS LA QUINTA VILLAGE). Mr. Genovese asked that at each location in the resolution, in front of the words mortgage revenue bonds that the verbiage construction financing and/or.. be added. It was moved by Council Members BangerterlMcCartney that Resolution No.93-98 be adopted as amended. Motion carried with Council Members Perkins and Sniff voting NO. 3. EXTENSION OF INTERIM ZONING ORDINANCE NO.236 FOR UP TO 10 MONTHS AND 15 DAYS REGARDING SECTION 9.32.020.6, MORATORIUM ON DESIGN DEVIATION IN RESIDENTIAL SUBDIVISIONS. Mr. Herman, Planning Director, advised that on November 2, 1993, the City Council adopted Interim Zoning Ordinance No.236 for a 45-day period. Under State Law, in order to extend that period, a public hearing and a 4/5 vote of the Council is necessary. It can be extended a maximum of 10 months and 15 days. He noted that the staff report contains the measure taken to alleviate the condition which led to the adoption of the ordinance. The Mayor declared the PUBLIC HEARING OPEN. David Darren, spoke on behalf of Primerit Bank, objecting to an extension of the Interim Zoning Ordinance. The reasons they are objecting are set forth in a letter to the City dated December 3, 1993 sent by Robert Lowen, an attorney with Gibson, Dunn & Crutcher. He respectfully requested that the Council carefully consider those arguments. Bruce Strickland, 10670 Civic Center Drive, Rancho Cucamonga, representing the Forecast Corporation, noted that they have a pending appeal of a Planning Commission BIB] 01-27-96-U01 01:09:42PM-U01 CCMIN120793-U02 tCity Council Minutes 30 December 7, 1993 decision before the City which has been forestalled and action ceased due to the Interim Zoning Ordinance. They are opposed to extension of that ordinance, as they feel that they have a legal right to do what they proposed. Barbara frwin, 44-065 Camino La Cresta, and resident of Rancho Ocotillo, supported extension of the moratorium as it's necessary in order that the consistency ordinance can be reviewed by the Planning Commission, studied and debated by the Council and finally enacted. She felt that it's important for the welfare of the partially built-out developments and the entire City. Genine Robertson, 44-930 Tortola Circle, supported extension of the Interim Zoning Ordinance and commented that the conditions which caused the original enactment have not changed. There needs to be time for the consistency ordinance to be studied. Thomas Walker, 78-365 Via Savilla, resident of La Quinta del Oro, spoke in favor of the proposed extension. There being no one else wishing to speak, the PUBLIC HEARING WAS CLOSED. Council Member Perkins expressed his appreciation to the people on both sides of this issue and the courtesies that have been extended. He believed that the City has an obligation to the citizens of La Quinta and we have an opportunity here to make a determination as to what this City is to be. We have had a large, responsive turnout of the residents and he appreciated the feedback. He believed that this situation should be resolved in a short period of time, so he supported the proposed extension. Council Member Bangerter also commended the people on both sides of the issue for their professionalism and courtesies. She didn't believe that there has been sufficient time to complete what we're trying to accomplish, so she, too, will support the extension. Council Member McCartney concurred and stated that both sides have acted responsibly. He wished to see the City move as expeditiously as possible to resolve this issue. He supported the extension Council Member Sniff believed that this matter needs to be dealt with in an orderly fashion as quickly as possible so that everyone can move forward. Mayor Pena thanked everyone who has been involved and those who have offered their comments on the compatibility portion of this proposal. He encouraged everyone to submit their comments to the Planning Staff so that this matter can proceed quickly. He noted that it is a specific moratorium, in that it does not restrict new development. He BIB] 01-27-96-U01 01:09:42PM-U01 CCMIN120793-U02 t City Council Minutes 31 December 7, 1993 believed that other cities are looking at La Quinta in the resolution of this matter, as it's one that's affecting other cities as well. MOTION It was moved by Council Members Sniff/Bangerter to take up Ordinance No. 240 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO.240 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING ORDINANCE 236 TO EXThND THE EFFECTIVE DATE OF SECTION 9.32.020(G) OF THE LA QUINTA MUNICIPAL CODE. It was moved by Council Members Sniff/Bangerter that Ordinance No.240 be adopted as an urgency ordinance with a time-frame of 10 months and 15 days. Motion carried by the following vote: AYES: Council Members Bangerter, McCartney, Perkins, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None CLOSED SESSION a. Discussion of on-going litigation pursuant to Government Code Section 54956.9 1 Primerit Bank Case No.71942 2. Hudson vs City of La Quinta Case No.1-68259 b. Discussion of on-going litigation pursuant to Government Code Section 54956.9(a) 1. City of La Quinta vs Refco C. Discussion of personnel pursuant to Government Code Section 54957 1. Evaluation process for Council-appointed positions 2. Personnel scheduling The Council reconvened with no action being taken. There being no further business, the meeting was adjourned. submitted j;A/Y? SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California BIB] 01-27-96-U01 01:09:42PM-U01 CCMIN120793-U02