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1992 02 18 CC Minutes LA QUINTA CITY COUNCIL MINUTES FEBRUARY 18, 1992 Regular meeting of La Quinta City Council was called to order at the hour of 3:00 P.M., followed by the Pledge of Allegiance, Mayor Pena presiding. PR?SENT: Council Members Bohnenberger, Franklin, Rushworth, Sniff, Mayor Pena ABSENT: None CONFIRMATION OF AGENDA Mr. Kiedrowski asked that Business Session #3 be removed and asked that BuSinesS Session #13 be added which is Consideration of Substitution of Sub-Contractor for Avenue 52 Construction Project." Council Member Franklin asked that Study Session No. 1 be moved to be discussed before Business Session No. 1. Council concurred. MOTION It was moved by Council Members Sniff/Franklin that Consideration of Substitution of Sub-Contractor" be added as Business Session No. 13. Motion carried unanimously. APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/Bohnenberger that the minutes of February 4, 1992 be approved as submitted. Motion carried unanimously. ANNOUNCEMENTS None WRITTEN CORRESPONDENCE a. Letter from Desert Center Chamber of Commerce regarding the Eagle Mountain Landfill. Noted and filed. b. Letter from The Hoeptners regarding General Plan designations for the Annexation No. 5 area. Noted and filed. BIB] 01-29-96-U01 02:36:55PM-U01 CCMIN-U02 02-U02 18-U02 1992-U02 City Council Minutes 2 February 18, 1992 STUDY SESSION 1. DISCUSSION REGARDING TENTH ANNIVERSARY COMMITTEE?S FUND RAISING EFFORTS. Mr. Newkirk, President of La Quinta Chamber of Commerce and Member of the Tenth Anniversary Committee presented the Council with a draft fund-raising letter for their consideration. The primary consideration being the acknowledgement of donations in excess of $1,000 will be made by placement of their name on a commemorative plaque to be installed at the new City Hall. He also reviewed the acknowledgements for the various levels of sponsorships. In response to Council Member Bohnenberger, Ms. Honeywell advised that contributions would be tax-deductible, but recommended that any individual wishing to make a donation should check with their own tax consultant. Council concurred with the letter presented. BUSINESS SESSION 1. CONSIDERATION OF REQUEST OF LA QUINTA CHAMBER OF COMMERCE FOR FUNDING FOR A STREET FAIR. Ms. Dallas, Executive Director of La Quinta Chamber of Commerce, advised that they have been negotiating an agreement with the Arts Foundation and both parties are willing to continue the discussions until an equitable agreement is decided upon. The Foundation's proposal that they supervise a limited number of artisans and handcrafts vendors will be forwarded to the Chamber Board for consideration. She has presented to them, a rough draft of project expenditures and revenues that they would be responsible for, which will be forwarded to their Board. Their request to the Council remains the same with the contingency that any monies the Arts Foundation finds themselves unable to absorb within the parameters of the proposed budget would come from the funding provided by the City to the Chamber. She asked that their request be considered at this time in order to be operational by Easter week. Council Member Rushworth asked if there's a reason why they can t come to an agreement with the Foundation quickly, so that the Council doesn't have to act on this contingent to an agreement being worked Out. BIB] 01-29-96-U01 02:36:55PM-U01 CCMIN-U02 02-U02 18-U02 1992-U02 City Council Minutes 3 February 18, 1992 Ms. Dallas advised that the time constraint at this time, is that each have their respective Boards they have to go to and that will take two weeks. Council Member Rushworth wished to see this matter continued for two weeks in order to have all agreements worked out. Council Member Sniff wished to see it approved contingent upon working out a satisfactory agreement with the Arts Foundation. Council Member Franklin also wished to see it expedited. MOTION It was moved by Council Members Sniff/Franklin that the Council indicate its support for the Street Fair and that the funding as requested in the amount of $16,450 be allocated from the Economic Development Funds and that Council receive a full report after three months and that this action be contingent upon a suitable agreement being worked out with the Arts Foundation. Motion carried unanimously. MINUTE ORDER NO. 92-30. 2. REPORT OF PLANNING COMMISSION ACTION ON PLOT PLAN 91-473 AND VESTING TENTATIVE TRACT MAP 27031 AMENDMENT #1 MINOR CHANGE) TO ALLOW AN 82,000 SQ. FT. MEDICAL OFFICE COMPLEX ON 19 ACRES IN A CPS ZONE AND A REQUEST TO MODIFY AN 8-LOT TENTATIVE TRACT MAP FOR THE WASHINGTON SQUARE DEVELOPMENT. APPLICANT: DESERT HOSPITAL AND BIRTCHER. Mayor Pena abstained from this issue due to a possible conflict of interest. Mr. Trousdell, Associate Planner, presented staff report advising that the request is by Desert Hospital to develop an out-patient medical facility on 19 acres on the northeast corner of Avenue 47 and Washington. He presented an exhibit reflecting Phase I of the development scheme. There will be access points on Ave. 47, Washington and there's also a future street Via El Mirador?' to the north end of the property. The primary entrance, northbound on Washington, includes a two-way lane with a drop-off point. Parking will be available on the north side of the building and along Washington. The service areas will be off the easterly portion of the building. They have reflected some ideas they have for the future site, which includes two other buildings and possibly a hospital application. However, this application is only for the building presented. He then proceeded to review the architecture of the building and site lay-out. BIB] 01-29-96-U01 02:36:55PM-U01 CCMIN-U02 02-U02 18-U02 1992-U02 City Council Minutes 4 February 18, 1992 The Planning Commission has recommended approval with conditions. Mr. Trousdell added that the site is one-third of the Washington Square Specific Plan, which is the bible" for this particular area. The original vesting map which was approved by the Council allowed for an eight-lot subdivision. The request which came in along with the Plot Plan application is for modification to a previously-approved tentative tract map which allowed the subdivision of 65.4 acres into lots. Also, a Parcel Map was received in which they are taking Lot 5 of the vested map and re-configuring it to show the future scenario. Lot 3 will reflect Phase I of the project; Lot 1 would basically be the perimeter landscape and parking area, and Lots 2 & 4 would reflect the possible future phases. Council Member Franklin questioned the purpose of dividing it into four parcels and Mr. Trousdell assumed what they're doing is getting financing for Phase I and then be able to deal with the remaining parcels as they progress. Peter Bergmann, representing Desert Hospital, advised that those things that caused them problems with the previous project have been well-mitigated. They used their good- neighbor policy" and went Out and talked to people who would be impacted by the project, primarily those people in the Singing Palms area. Their one significant concern is that the sound wall will be constructed along with the median along the frontage road and that all of the other off-sites would be taken care of. He believed that they were able to reassure the people. They will probably provide about 100 jobs in Phase I; probably will result in home sales; and estimate that out of the initial $10 million in construction costs, that about $3.5 million will go to local contractors in the valley. A modest contribution will be made to the tax base. But, most importantly, they will be providing easy access to quality health care for this end of the valley. Their financing is in place and hope to begin grading in April if approval is given. PUBLIC HEARING WAS OPENED Donald M. Beard, 48-233 Calle Floristas, Laguna de la Paz; spoke in favor of the project noting that they were disappointed that it wasn't approved at the previous site. Ardell Loomer, 48-086 Thornton Ct., Indio, said that she's an employee of Desert Hospital, and that she was drawn to that organization by their vision for easy-access and high-quality care for the entire Coachella valley. She urged approval of the project. BIB] 01-29-96-U01 02:36:55PM-U01 CCMIN-U02 02-U02 18-U02 1992-U02 City Council Minutes 5 February 18, 1992 Linda Mcclintock, 78-748 Via Sonata, said that she's employee of Desert Hospital, but more important, a resident of La Quinta. She noted that the #1 issue in the nation today is the economy; and the #2 issue is health care. This project will contribute to the economy and add quality health care. Barbara Rentle, 54-120 Avenida Diaz, supported the project stating that it's been a long-time coming. The benefits to the community will be immeasurable. PUBLIC HEARING CLOSED In response to Council Member Franklin, Mr. Trousdell pointed out the location of the SunLine Bus turn-out, as well as the off-site transfer facility. Council Member Bohnenberger thanked Desert Hospital for not getting disillusioned with the City it's an outstanding project and he will be pleased to have them as part of the community. RESOLUTION NO. 92-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS, RE-CONFIRMING THE ORIGINAL ENVIRONMENTAL ANALYSIS AND GRANTING APPROVAL OF VESTING TENTATIVE TRACT MAP 27031 MINOR CHANGE, AMENDMENT #1) TO ALLOW A MIXED-USE COMMERCIAL PROJECT ON 65+ ACRES. CASE NO. VESTING TENTATIVE TRACT 28031 BIRTCHER MINOR CHANGE, AMENDMENT #1). It was moved by Council Members Bohnenberger, Rushworth that Resolution No. 91-20 be adopted. Motion carried with Mayor Pena abstaining. MOTION It was moved by Council Members Bohnenberger/ Rushworth to accept the report of action of Planning Commission for Plot Plan 91-473 and Tentative Parcel Map 27399 subject to the recommended conditions. Motion carried with Mayor Pena abstaining. MINUTE ORDER NO. 92-31 3. CONSIDERATION OF AUTHORIZATION TO REQUEST PROPOSALS FOR ARCHITECTURAL DESIGN SERVICES FOR REMODEL OF FIRE STATION #32. Removed from the agenda. BIB] 01-29-96-U01 02:36:55PM-U01 CCMIN-U02 02-U02 18-U02 1992-U02 City Council Minutes 6 February 18, 1992 4. CONSIDERATION OF AUTHORIZATION TO REQUEST PROPOSALS FOR ARCHITECTURAL DESIGN SERVICES FOR THE LA QUINTA SENIOR CENTER. Mr. Reynolds presented the Council with the proposed request for proposals" for the senior center and asked for any changes or additions. Council Member Bohnenberger asked if the million-dollar budget includes furniture and fixtures and Mr. Reynolds said that his understanding was that it did not. Council Member Bohnenberger felt that the proposal was not clear as to whether or not it included furniture and fixtures and off-sites. Mr. Reynolds stated that he would clarify that it does not include either. In response to further questions by Council Member Bohnenberger, Mr. Reynolds advised that at this point, we're asking architects to submit their proposed calendar for the project. Council Member Sniff asked how long this initial stage will take and Mr. Reynolds advised that he normally gives them 30 days in which to submit a proposal. Once received, we will immediately go through the screening and interviewing process. Paul Stone, 52-960 Martinez, presented a drawing which he did for the senior center layout, which cuts down on the cost and some of the gingerbread and includes some of the things the seniors believe need to be included. He asked that it be presented to an architect to give him a start. Linda Majane, 54-430 Diaz, addressed the Council and read a letter undated and on file in the City Clerk's office. The letter set forth the need for a new center and outlined the conditions they are currently operating under. Mayor Pena stated that he understood the conditions, noting that the City Hall personnel are operating under similar conditions. Council Member Sniff thanked Mr. Stone and advised that his drawing will be passed on to the architect. MOTION It was moved by Council Members Bohnenberger/ Rushworth to approve the proposed scope of work as presented and amended. Motion carried unanimously. MINUTE ORDER NO. 92-32. BIB] 01-29-96-U01 02:36:55PM-U01 CCMIN-U02 02-U02 18-U02 1992-U02 City Council Minutes 7 February 18, 1992 5. CONSIDERATION OF AUTHORIZATION TO REQUEST PROPOSALS FOR LANDSCAPING OF ARTS FESTIVAL GROUNDS ON CIVIC CENTER SITE. Mr. Reynolds advised that this matter is relative to landscaping of the remainder of the Civic Center site. He presented the RFP for Council's review and/or modifications. Council Member Bohnenberger asked if we should consider inclusion of a proposed budget as a design constraint and Mr. Kiedrowski advised that we could, but it would be difficult at this point, to make an estimate of the costs. Council Member Sniff questioned the reason for the installation of a water well and Mr. Reynolds advised that it is included in the budget for this fiscal year in order to provide water for irrigation at a much cheaper cost, than if we were to buy domestic, potable water from the District Council Member Bohnenberger commented that to pump it yourself costs between $30-$40 per acre foot. Whereas, if you buy it from the District, it will cost about $240 per acre foot. On a five acre site, you will use about 40 acre feet a year. MOTION It was moved by Council Members Sniff/Franklin to authorize staff to request proposals as presented for the landscaping of the Civic Center site. Motion carried unanimously. MINUTE ORDER NO. 91-33. 6. CONSIDERATION OF APPROVAL OF DESIGN CONTRACT FOR WIDENING OF PARK AVENUE WITH THE KEITH COMPANIES. Mr. Reynolds advised that this matter is tied into the Boys and Girls Club. We have known since the Schools opened, that Park Avenue isn?t wide enough it's only 32' between curbs. Staff proposes to widen it and provide for a left-turn lane to get into the Youth Center and Boys & Girls Club. He would recommend that the same consultant The Keith Companies) whose working on the Boys & Girls Club be used to assist in the design of the widening of this street. The cost of the design work will be $7,900. In response to Council Member Sniff, Mr. Kiedrowski believed that it would be a City expense RDA) once we have final costs. Council Member Sniff commented on the amount of traffic on that street and asked if it will be more than two lanes with Mr. Reynolds explaining that there isn't enough right-of-way for four lanes it will be two lanes with a turning lane. BIB] 01-29-96-U01 02:36:55PM-U01 CCMIN-U02 02-U02 18-U02 1992-U02 City Council Minutes 8 February 18, 1992 MOTION It was moved by Council Members Sniff/Bohnenberger to approve a design contract with The Keith Companies in the amount of $7,900 and appropriate $8,500 of Redevelopment Agency Funds for the widening of Park Avenue as outlined. Motion carried unanimously. MINUTE ORDER NO. 92-34. 7. CONSIDERATION OF REQUEST FROM CENTURY HOMES FOR APPROVAL OF SPECIAL ADVERTISING DEVICE 92-021 BANNERS, FLAGS AND A TETHERED COLD AIR?BALLOON) FOR THEIR GRAND OPENING FOR TWO DAYS IN FEBRUARY 1992 LA QUINTA HIGHLANDS TENTATIVE TRACT 23269. MOTION It was moved by Council Members Bohnenberger/Franklin that Special Advertising Device 92-021 be approved as recommended. Motion carried unanimously. MINUTE ORDER NO. 92-35. 8. CONSIDERATION OF AMENDMENT TO LA QUINTA MUNICIPAL CODE SECTION 3.24.050 REGARDING COLLECTION OF TRANSIENT OCCUPANCY TAX. Ms. Honeywell advised that the proposed ordinance is exactly like the one adopted by the City of Indian ells to help protect the City's Transient Occupancy Tax in the event that a particular hotel would go into a bankruptcy situation. Under this ordinance, the hotels would be required to hold the TOT in a separate trust account or post a bond. Mr. Kiedrowski noted that this has been discussed with Mrs. Vossler Woodard and she has no problems with it. Council Member Franklin asked if a trust account or bond is more beneficial than the other and Ms. Honeywell felt that a trust account would be more preferable. MOTION It was moved by Council Members Sniff/Franklin that Ordinance No. 202 be taken up by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 202 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTION 3.24.050 OF THE LA QUINTA MUNICIPAL CODE TO REQUIRE OPERATORS TO PLACE TRANSIENT OCCUPANCY TAX COLLECTIONS IN A SEPARATE BAN? ACCOUNT IN TRUST FOR THE CITY OR TO GUARANTEE PAYMENT OF TRANSIENT OCCUPANCY TAXES COLLECTED BY POSTING A BOND. BIB] 01-29-96-U01 02:36:55PM-U01 CCMIN-U02 02-U02 18-U02 1992-U02 City Council Minutes 9 February 18, 1992 It was moved by Council Members Sniff?Franklin that Ordinance No. 202 be adopted on first reading as an urgency measure. Motion carried by the following vote: AYES: Council Members Bohnenberger, Franklin, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None 9. CONSIDERATION OF APPROVAL OF CONTRACT CHANGE ORDER NO. 5-B ASSESSMENT DISTRICT 91-1 AREA B TO FACILITATE ROAD DRAINAGE AND CIVIC CENTER DRAINAGE INSTALL 18" RCP LINE AND ASSOCIATED STRUCTURES. Council Member Bohnenberger advised that he will be abstaining as he lives within 300' of the location of the project. Mr. Reynolds advised that the Civic Center plans showed an 18" storm drain to drain the intersection of Tampico and Washington down to the drainage channel that runs along the side of the Civic Center as well as down the center of La Fonda. The 18" line showed on the plans for Phase IV Area B, but there was no bid item shown on that contract. Therefore, the line is in limbo and we're recommending a change order to Tarmac's contract to provide for the installation of this line at a cost of $36,497. In response to Council Member Sniff, Mr. Reynolds proceeded to detail the project advising that the project originates at the corner of Tampico and Washington there's a catch basin going in on each side of the street which picks up all the water that comes down Washington and Tampico. Then it goes southerly, back of the curb on the Civic Center Site and connects into the drainage channel at La Fonda and Washington for a total of 660'. Mayor Pena questioned the amount of drop and Mr. Reynolds advised 1/10 of 1% or 6" to 8", which is sufficient to make it flow. MOTION It was moved by Council Member Sniff, seconded by Mayor Pena that Change Order No. 5-B to Assessment District 91-1, Area B Contract be approved in the amount of $36,497.00. Motion carried with Council Member Bohnenberger abstaining. MINUTE ORDER NO. 92-36. BIB] 01-29-96-U01 02:36:55PM-U01 CCMIN-U02 02-U02 18-U02 1992-U02 City Council Minutes 10 February 18, 1992 10. CONTINUED REVIEW AND CONSIDERATION OF THE CITY OF LA QUINTA INVESTMENT POLICY. Mr. Genovese advised that the report before the Council outlines the parameters of the proposed policy and the basis for its implementation as well as those comments made by the Council at the last meeting. Council Member Sniff stated that he had no problem with approving it on an interim basis, pending a report back from the Investment Policy Task Force Committee. Mayor Pena concurred and suggested that it be reviewed every six months or on an as need be" basis. Council Member Bohnenberger commented that the Water District reviews their policy on an annual basis. Council Member Franklin asked if we made a determination in this policy as to whether or not we're going to use third- party brokers. Mr. Genovese advised that because of one of Council's comments, it was to be eliminated; however, when we enter into trust agreements for a specific bond issue, there may be a time in-between when they will in time, use brokers and they are in fact, the custodian of the City's funds at that point in time. We, ourselves, will not work through brokers. Council Member Franklin questioned requesting monthly statements and reviewing reports on a monthly basis. Mr. Genovese advised that currently, we do have all of our investments on our monthly financial statements and that will be part of the internal practice that we're putting together as well. Council Member Franklin wished to see that if we have large amounts of money to be invested that we have some outside investment counsel used. Council Member Sniff requested that this policy be adopted on an interim initial basis. MOTION It was moved by Council Members Sniff/Bohnenberger to approve the Investment Policy only on an interim basis pending a report from the Investment Policy Task Force Committee's recommendation. Motion carried unanimously. MINU'TE ORDER NO, 92-37. BIB] 01-29-96-U01 02:36:55PM-U01 CCMIN-U02 02-U02 18-U02 1992-U02 City Council Minutes 11 February 18, 1992 11. CONSIDERATION OF APPOINTMENT TO THE COMMUNITY SERVICES COMMISSION. Mrs. Juhola advised that Herbert Pachman, Robert Metkus and Jill Thompson are interested in being appointed to the Community Services Commission to replace Elaine Franke. Mayor Pena questioned the matter of Robert Metkus' application in light of the fact that he is serving on the Investment Policy Task Force and Ms. Honeywell noted that the Council's motion did exclude any past or current members of boards and commissions, but did not address any future appointments, so the Council would need to make a determination. At this point, Robert Metkus felt that he can do more good on the Investment Policy Task Force Committee and asked that his application be withdrawn. A ballot was taken in which Jill Thompson received four votes. MOTION It was moved by Council Members Sniff/Franklin that Jill Thompson be appointed to the Community Services Commission to fill the unexpired term of Elaine Franke which expires June 30, 1993. Motion carried unanimously. MINUTE ORDER NO. 92-38. 12. CONSIDERATION OF HOLD-HARMLESS AGREEMENT WITH RIVERSIDE COUNTY FIRE DEPARTMENT RELATING TO WAL-MART. Mr. Hartung advised that without this agreement, construction could stop on the Wal-Mart building. Council Member Franklin asked if this were signed, would the City be responsible if a fire occurred and Mr. Hartung advised not. Ms. Honeywell advised that we will be responsible to the State and then we would have to turn around and get indemnity from Wal-Mart. So it will be Wal-Mart holding the City harmless from holding the State harmless from a fire that would occur. Mr. Hartung added that this only covers construction no merchandise will be allowed to be brought into the building. Ms. Honeywell noted that this will not expedite the opening of the store. Ms. Honeywell advised that she would have to get an indemnity from Wal-Mart that she would be satisfied with before signing a hold-harmless agreement with the Fire Department. BIB] 01-29-96-U01 02:36:55PM-U01 CCMIN-U02 02-U02 18-U02 1992-U02 City Council Minutes 12 February 18, 1992 MOTION It was moved by Council Members Bohnenberger/Franklin to approve a hold-harmless agreement with Riverside County Fire Department relating to Wal-Mart subject to getting acceptable hold-harmless from the developer and Wal-Mart. Motion carried unanimously. MINUTE ORDER NO. 92-39. 13. CONSIDERATION OF SUESTITUTION OF SUB-CONTRACTOR ON THE AVENUE 52 REALIGNMENT PROJECT SIMON CONSTRUCTION CO. Mr. Reynolds advised that one of the elements in the contract was to remove and replant some palm trees and the sub- contractor designated by the prime Contractor has been unable to perform. The sub-contractor has agreed to the substitution and all of the legal requirements have been complied with. MOTION It was moved by Council Members Sniff/Bohnenberger to approve the substitution of the sub-contractor. Motion carried unanimously. MINUTE ORDER NO. 92-40. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER. 2. ADOPTION OF RESOLUTION OF INTENTION TO VACATE A PORTION OF THE NORTHWEST CORNER OF WASHINGTON ST. & CALLE TAMPICO AND FIXING A TIME AND PLACE FOR A PUBLIC HEARING STREET VACATION 92- 020. APPLICANT: CITY OF LA QUINTA. 3. DENIAL OF CLAIMS OF THE GAS CO. FOR DAMAGES. 4. AUTHORIZATION FOR OUT-OF-STATE TRAVEL FOR CITY MANAGER AND COUNCIL MEMBER RUSHWORTH TO ATTEND THE NATIONAL LEAGUE OF CITIES CONFERENCE IN WASHINGTON D. C. MARCH 7-10. 5. AUTHORIZATION FOR OUT-OF-STATE TRAVEL FOR CITY MANAGER TO ATTEND THE EXECUTIVE BOARD MEETING OF CCAN IN SCOTTSDALE, ARIZONA, FEBRUARY 27 & 28, 1992. 6. ADOPTION OF RESOLUTION AUTHORIZING TEMPORARY CLOSURE OF CERTAIN STREETS FOR THE TENTH ANNIVERSARY PARADE ON MAY 2, 1992. 7. ACCEPTANCE OF DEED FOR RIGHT-OF-WAY ON CALLE TAMPICO FROM WINCHESTER ASSET MANAGEMENT. BIB] 01-29-96-U01 02:36:55PM-U01 CCMIN-U02 02-U02 18-U02 1992-U02 City Council Minutes 13 February 18, 1992 MOTION It was moved by Council Members Sniff/Franklin that the Consent Calendar be approved as recommended with Items NOS. 2 & 6 being approved by RESOLUTION NOS. 92-21 & 92-22 respectively. Motion carried unanimously. MINUTE ORDER NO. 92-41. STUDY SESSION 1. DISCUSSION REGARDING TENTH ANNIVERSARY COMMITTEE?S FUND RAISING EFFORTS. See Page 1. 2. DISCUSSION OF PROPOSED ORDINANCE REGARDING MANDATORY INSPECTION OF RESIDENTIAL PROPERTY AT TIME OF RESALE. Mr. Hartung advised that the proposed ordinance would mandate inspection of all residential properties upon resale. In response to questions by Council, Mr. Hartung advised that the purpose is to check for bootlegs, things that were done without permits, safety type things, bars on windows, smoke detectors, electrical problems and garage conversions. Ms. Honeywell stated that she initially had concerns about this ordinance, and Mr. Kiedrowski asked her to check with the City of Santa Barbara, who has a similar ordinance in effect and she found that they have had no problems. In response to Council Member Bohnenberger, Mr. Kiedrowski advised that under the ordinance, the City would require them to comply with the codes that were in effect at the time improvements were made. Council Member Bohnenberger noted that the ordinance only requires a written report to the buyer within three days of closure of escrow there's nothing that requires them to take remedial action to correct the violations. Ms. Honeywell advised that the thought is, that you would have on file, a record of a code violation and it would then go through our normal code enforcement process. The owner of record at the time of enforcement would be required to comply, even if that means restoring a garage to its original condition as a garage. Council Member Sniff felt that this is an unnecessary intrusion into private enterprise. He believed that there is danger of liability and questioned the consequences of the BIB] 01-29-96-U01 02:36:55PM-U01 CCMIN-U02 02-U02 18-U02 1992-U02 City Council Minutes 14 February 18, 1992 inspection. He couldn't believe that it is such a monumental problem. He asked what exactly will the inspectors be looking for, how long will it take, how much will it cost, who will pay for it and what will take place if a problem is found. Mr. Hartung advised that the seller will pay a fee that will be set by resolution. If a problem is found, it will be noted and it will be between the buyer and seller to decide who will fix it. It will not hold up the sale. Mayor Pena suggested that staff solicit comments of the real estate community and be placed back on the study session agenda. In response to Council Member Franklin, Mr. Hartung advised that there are between 250-400 resales in the City each year. He suggested that the fee be about $250. Council Member Franklin suggested that when it comes back, that it be a business session item, so that the public can comment. Council Member Sniff suggested that every realtor within ten miles be notified. Council Member Bohnenberger suggested that comments be solicited from local realtors and the Board of Realtors. 3. DISCUSSION OF PROPOSED ORDINANCE RELATING TO THE REIMBURSEMENT OF COSTS ARISING FROM EMERGENCY RESPONSES. Mr. Hartung advised that the ordinance is not a problem the problem is that the Courts will not levy a fine. If someone was pulled over for a DUI and we received a bill from the Sheriff's Department, we would have to bill that individual and if he didn't pay, we would have to collect through Small Claims Court. Mayor Pena questioned how successful these programs are and Mr. Hartung stated that if the Courts were to levy it, it would be more successful. Mayor Pena didn't see the point in pursuing it if the Courts won't levy the fines. BIB] 01-29-96-U01 02:36:55PM-U01 CCMIN-U02 02-U02 18-U02 1992-U02 City Council Minutes 15 February 18, 1992 4. DISCUSSION OF DEVELOPMENT OF THE VILLAGE AT LA QUINTA. DISCUSSION OF GROUND COVER ORDINANCE. Mr. Herman advised that Council had wanted some costs regarding implementation of a ground cover ordinance in The Village. He attempted to identify where the water lines are in The Village, vacant properties in The Village, how much it would cost the property owners to install water meters, irrigation, landscaping, etc. and how much it would cost the City to do it or to do a demonstration project. He suggested that it could also be done in conjunction with any other ideas we have in The Village, or we could try to make it part of the Parking District, or Landscape & Lighting District. Mayor Pena still liked the idea, at least for dust stabilization and suggested a chemical stabilizer. He suggested that this matter be referred to the Chamber?s Downtown Task Force Committee and get input from the property owners. Council Member Sniff wasn?t sure that it has realistic value or is cost effective. Council recessed to Redevelopment Agency. PRESENTATIONS Mayor Pena advised that David & Virginia Syring, 54-415 Avenida Vallejo, won the La Quinta Beautiful Award for the month of January for Best Landscaped for Ecology. PUBLIC HEARINGS 1. ADOPTION OF PROPOSALS, REPROGRAMMING FUNDS, AND AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS YEAR 18. Mr. Baker, Principal Planner, advised that this public hearing is to receive and review proposals for the use of CDBG funds 18-year funds and to select the proposals for funding. It is estimated that $63,000 will be received this year. These monies are to be used for eligible activities, which are generally those that benefit low-moderate income families, elderly and handicapped or to aid in the prevention or elimination of slums and blight. BIB] 01-29-96-U01 02:36:55PM-U01 CCMIN-U02 02-U02 18-U02 1992-U02 City Council Minutes 16 February 18, 1992 Mr. Baker advised that the following applications have been received: a. City of La Quinta Senior Center $63,000 b. Alternatives to Domestic Violence 3,592 for services c. County of Riverside Housing Authority 3,000 for operations and maintenance of a homeless family shelter d. El Progreso del Desierto $20,400 for completion of a computer hardware program e. Family Services 3,500 to benefit about 100 low-mod families in La Quinta f. Rape Crisis Center Undetermined g. Shelter from the Storm, Inc. 30,000 to construct a bedroom in the shelter for victims of domestic violence PUBLIC HEARING OPENED Gene House, Executive Director of Family Service of the Coachella Valley, advised that they are requesting $3,500 to assist 100 low and moderate income families in La Quinta who are having some kind of emotional problems. They are the oldest, established, non-profit counseling program in the Valley. They have been serving the Valley, including La Quinta residents for 31 years. Last year they served 66 La Quinta residents. Mayor Pena asked what other cities they have applied to and Mr. House advised that they have applied to all the cities and the County. They have received general fund monies from Indian Wells, because they don't receive CDBG funds. Fred de Haro, Executive Director of El Progreso del Desierto, thanked the Council for last year's allocation, noting that they have not yet received those funds, as they have been tied up at the County level. The funds being requested this year is to complete their computer system to bring it up to standards so that they can be more efficient in the accounting and billing system. Council Member Sniff asked why last year's funds are being withheld and Mr. Baker advised that the three year Housing Plan that the County had to submit has not yet been approved by the Department of Housing and Urban Development. When that is approved, then they will be able to release the funds to BIB] 01-29-96-U01 02:36:55PM-U01 CCMIN-U02 02-U02 18-U02 1992-U02 City Council Minutes 17 February 18, 1992 the County. That is anticipated to happen within the next couple of weeks. PUBLIC HEARING CLOSED Council Member Sniff felt that all of the applications are worthy, but believed that the Council has made a commitment to the Senior Center and supported moving forward in that direction and allocate these funds to the Senior Center Building Fund. RESOLUTION NO. 92-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING PROPOSALS, REPROGRAMMING FUNDS, AND AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT YEAR 18 FUNDS. It was moved by Council Members Sniff/Franklin that Resolution No. 92-23 be adopted allocating $63,000 to the City of La Quinta Senior Center. Motion carried unanimously. 2. A?ENDMENT TO CHAPTER 2.65 OF THE LA QUINTA MUNICIPAL CODE ART IN PUBLIC PLACES" DEFINITION CLARIFICATION AND INCREASING THE FEE CAP FOR COMMERCIAL PROJECTS. Mr. Herman advised that the Wal-Mart project will be the first commercial project to fall under the Art in Public Places Ordinance. It became unclear as to some of the language in that section of the Code. The Art in Public Places Committee concurred with staff's proposed amendments changing some of the definitions of projects and project costs, making it more definitive when fees are collected and when they're not. They also agreed with staff's proposal to raise the cap on commercial projects from $50,000 to $100,000, which would take into consideration large projects like the mall. Wal-Mart paid $37,000, which only applied to Wal-Mart, not the remainder of the project. Mr. Kiedrowski stated that one of the problems was with the term project" and project cost". Staff is desirous of having a project' mean all of the construction covered by a single building permit. In response to Mayor pena regarding the purpose of the amendment, Mr. Herman advised that it was an attempt to capture large projects like the mall. Mayor Pena felt that there's other ways to work it, like on a square footage basis. BIB] 01-29-96-U01 02:36:55PM-U01 CCMIN-U02 02-U02 18-U02 1992-U02 City Council Minutes 18 February 18, 1992 Council Member Sniff supported the Mayor's idea, because if the most is two projects that will be picked-up, the most we can gain under this is another $100,000 Mayor Pena asked that it be set-out in a couple of different manners for the Council to compare. Mr. Kiedrowski suggested that the price be left where it is and change the definition and come back with another proposal. Mr. Kiedrowski noted that the Committee is hoping that the developers will not be paying a fee, but rather putting in their own public art so the purpose is not to generate additional monies, but rather to create more significant pieces of art for the public to enjoy. MOTION It was moved by Council Members Sniff/Bohnenberger to continue the public hearing on amendment to Chapter 2.65 of the City Code to March 3, 1992. Motion carried unanimously. MINUTE ORDER NO. 92-42. 3. STREET VACATION 91-019 VACATION OF A PORTION OF CALLE PALOMA AND WASHINGTON STREET AT AVENIDA LA FONDA. APPLICANT: CITY OF LA QUINTA. Council Member Bohnenberger advised that he would be abstaining because his home is within 300' of the project in question. Mr. Speer advised that the street vacation before the Council is the result of a continuing number of street realignments that has been taking place as we continue the Cove Improvement Project. This location is at the intersection of Washington and La Fonda and also parts of Paloma. He presented drawings to show different possible alignments. One of the proposals would require that the water lines remain in place, in which case, the Water District has asked that an easement be retained for them. That would mean that the District would have to have access to the backyards in some cases, and the front yards in others, and may affect the way a block wall would be built. The water line can be moved out into La Fonda, which will cost an additional $20,000. PUBLIC HEARING OPENED Mike Casey, 78-550 La Fonda, advised that they are in agreement to the street vacation the only concern is the water line situation and asked that it be placed in La Fonda. BIB] 01-29-96-U01 02:36:55PM-U01 CCMIN-U02 02-U02 18-U02 1992-U02 City Council Minutes 19 February 18, 1992 Ed Brummel, 51-285 paloma, also expressed concern about the water line easement and asked that the line be placed in La Fonda. In response to Mayor Pena, Mr. Speer advised that if the water line is relocated, Mr. Brummel?s water service will also be relocated. PUBLIC HEARING CLOSED. Mr. Speer noted that there will be a small island created that is 25' across that will be for the purpose of keeping traffic traveling to the left. The Brummels would have to go around the island to access their property. Mr. Brummel had no problem with that idea. Council concurred on leaving the island where staff has it shown. Mr. Speer also advised that the vacation is written in a conditional manner if quitclaim deeds are not received, then the resolution will not be recorded and the vacation will fail. RESOLUTION NO. 92-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, VACATING CERTAIN PORTIONS OF CALLE PALOMA & WASHINGTON STREET. CASE NO: STREET VACATION 91-019 CALLE PALOMA & WASHINGTON STREET). It was moved by Council Members Snif f/Rushworth that Resolution No. 92-24 be adopted. Motion carried with Council Member Bohnenberger abstaining. MOTION It was moved by Council Members Snif f/Rushworth that funds necessary be appropriated from the Redevelopment Agency for the relocation of the water line and that authorization be given to the creation of an island. Motion carried with Council Member Bohnenberger abstaining. MINUTE ORDER NO. 92- 43. BIB] 01-29-96-U01 02:36:55PM-U01 CCMIN-U02 02-U02 18-U02 1992-U02 City Council Minutes 20 February 18, 1992 4. LOT CLEANINGS/WEED ABATEMENTS AND PLACEMENT OF COSTS ON 1992/93 TAX ROLLS: a. Landrace Corp. APN 773-085-023 $187.50 b. Beverly Shubin APN 774-271-020 $187.50 C Eva M. Kaye APN 774-273-017 $187.50 d. Douglas C. Gillund APN 774-273-013 $187.50 e. Patricia Healy and APN 774-275-008 $187.50 Ruth Lang f. Luther & Lydia APN 774-275-009 $187.50 Hofgaarden APN 774-275-010 $187.50 g. Max & Eunice Seifker APN 774-272-021 $187.50 Mr. Hartung advised that there have been no changes and recommended that the resolution be adopted placing the costs for weed abatements/lot cleanings on the 1992/93 tax rolls. PUBLIC HEARING OPENED PUBLIC HEARING CLOSED RESOLUTION NO. 92-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, 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/Bohnenberger that Resolution No. 92-25 be adopted. Motion carried unanimously. 5. ADOPTION OF NEGATIVE DECLARATIONS FOR ENVIRONMENTAL ASSESSMENTS OF THE SOURCE REDUCTION AND RECYCLING ELEMENT SRRE) AND HOUSEHOLD HAZARDOUS WASTE ELEMENT HHWE). Mr. Baker, Principal Planner, advised that CVAG has been acting as lead agency on these environmental assessments and now it is appropriate that each City adopt the same negative declarations for the Household Hazardous Waste Element. The AB 939 requires every city to come up with a plan to divert 25% of its waste by 1995 and 50% of its waste by 2000. The plan needs to address source reduction, recycling, composting, education, public information, landfill facility capacity and diverting special waste and how it?s all integrated with County plans. PUBLIC HEARING OPENED PUBLIC HEARING CLOSED BIB] 01-29-96-U01 02:36:55PM-U01 CCMIN-U02 02-U02 18-U02 1992-U02 City Council Minutes 21 February 18, 1992 RESOLUTION NO. 92-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS AND CONFIRMING THE ENVIRONMENTAL ANALYSIS FOR THE SOURCE REDUCTION AND RECYCLING ELEMENT EA 92-225), AND THE HOUSEHOLD HAZARDOUS WASTE ELEMENT EA 92-226). CASE NO. EA 92-225 & EA 92-226. It was moved by Council Members Sniff/Bohnenberger that Resolution No. 92-26 be adopted. Motion carried unanimously. 6. ADOPTION OF A SOURCE REDUCTION AND RECYCLING ELEMENT AND A HOUSEHOLD HAZARDOUS WASTE ELEMENT. Mayor Pena referred to the staff report on file in the City Clerk's office. PUBLIC HEARING OPENED PUBLIC HEARING CLOSED RESOLUTION NO. 92-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING A SOURCE REDUCTION AND RECYCLING ELEMENT, AND A HOUSEHOLD HAZARDOUS WASTE ELEMENT. It was moved by Council Members sniff/Bohnenberger that Resolution No. 92-27 be adopted. Motion carried unanimously. PUBLIC COMMENT SETH ETTINGER, 78-720 La Fonda, advised that he purchased his property in June 1990 and had no idea what was going to happen to that street no one consulted him or any of the other property owners as to what has appeared on his street. He presented photos of the street and the drain. They now have a 35' wide ditch and very narrow traffic lanes along each side of the ditch. They are very upset about it. They had a meeting with the staff who explained what the future plans are. They asked for Council's help, noting that they have the same problem around the new Civic Center. He asked staff why this drain wasn't run down Washington to 52nd Avenue and they were told that they would have had to dig it deeper. It has no business on a residential street it belongs down Washington. He asked that the Council recognize that this is a horrible mistake and that it be placed down Washington and that the Washington dirt be placed in this ditch and that the median be narrowed to 10' to 12' and landscaped. He asked that the City get BIB] 01-29-96-U01 02:36:55PM-U01 CCMIN-U02 02-U02 18-U02 1992-U02 City Council Minutes 22 February 18, 1992 an independent engineer who will work independently and not be influenced by City staff. MAUREEN MENDOZA, 78-740 La Fonda, advised that when she and her husband decided to move, they decided they wanted to stay in La Quinta because it is a progressive City and they've always felt confident that the Council and staff do have the best interest of La Quinta at heart. She feels that a mistake was made La Fonda is a gateway in the City, being adjacent to the new Civic Center. The ditch is unsightly and they were disturbed to find that there were no plans to rectify it. She hoped that the City will move forward to rectify the mistake that has been made. She added that it is an attractive nuisance for the children. Mr. Reynolds explained that these residents were told that they are in Phase 1 of a 2-phase project. The BSI drainage master plan indicated that this water was to be taken down Tampico. At that point, there was a retention basin, on what is now the Brock Homes property. That went away we now found ourselves with a 100' right-of-way on La Fonda. Mr. Ettinger suggested taking it to 52nd Avenue, which is against grade. Staff took it in the direction in which water has always flowed in that particular area. Phase 2, which is planned under Phase V of the Cove Improvement Project, is to pipe the ditch. Pipes will be placed along the Civic Center site and La Fonda and possibly a gentle swail in the 32' that has been reserved for flood control. He believe that we've taken judicious steps in proceeding on a phased basis, based on the funds available. As a solution, we could accelerate the entire program at this time and complete the design for the rest of Phase V in The Village area and determine what size pipes should go in the ditch. We're also planning a detention basin in the area north of Tampico, possibly in the rear of the Landmark property. Mayor Pena asked if the median can be narrowed from the proposed 32' and Mr. Reynolds noted that the traffic lanes are 34' on each side, which is normal. Council Member Franklin asked if it's normal policy to notify the homeowners of something like this and Mr. Reynolds advised that staff did not perceive this to be the problem that it is. Mayor Pena stated that we have a problem and we need to rectify it, even if that means accelerating the plans for Phase V. We need to Sit down and involve the neighbors on what is done and how quickly it can be done. Council asked that this matter be placed on the next Study Session agenda for further discussion. BIB] 01-29-96-U01 02:36:55PM-U01 CCMIN-U02 02-U02 18-U02 1992-U02 City Council Minutes 23 February 18, 1992 DEPARTMENT REPORTS Mr. Kiedrowski reported on the City of Indio?s plans for Annexation No. 67, which would begin to create an island of Bermuda Dunes. He recommended that the City request of LAFCO that this matter be tabled until they resolve the issue of Bermuda Dunes. Council concurred on registering a protest. Mrs. Juhola commented on the amount of work involved with the Investment Policy Task Force Committee and asked for Council?s authorization to use part of the $5,000 budgeted for this Committee to get assistance in doing minutes. Council concurred. Ms. Honeywell, referred to Mr. Bohlen?s staff report advising that she has been asked to help set-up a non-profit for the Senior Center for the purpose of having control over their own donations. It would involve a board that would open their own bank account and keep track of all donations and administer them accordingly. Council concurred on Ms. Honeywell rendering such assistance. CLOSED SESSION a. Discussion of potential pending litigation pursuant to Government Code Section 54956.9(a) Agreement with Riverside County Fire Department b. Discussion of pending litigation pursuant to Government Code Section 54956.9(a) International Treasury Management/Denman Company Iowa Trust c. Discussion of personnel pursuant to Government Code Section 54957. Council reconvened from Closed Session with no action being taken. There being no further business, the meeting was adjourned. Re?ectfully submitted, C<y Clerk City of La Quinta, California BIB] 01-29-96-U01 02:36:55PM-U01 CCMIN-U02 02-U02 18-U02 1992-U02