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1992 11 17 CC Minutesa LA QUINTA CITY COUNCIL MINUTES NOVEMBER 17, 1992 Regular meeting of the La Quinta City Council was called to order at 3:00 P.M., by Mayor Pena, followed by the Pledge of Allegiance. PRESENT: Councilmenibers Bohnenberger 3:05 P.M.), Franklin, Rushworth, Sniff, Mayor Pena ABSENT: None MOTION It was moved by Councilmembers Sniff/Rushworth to excuse Councilmember Bohnenberger. Motion carried unanimously. CONFIRMATION OF AGENDA Mrg. Juhola asked that Consent Calendar Item No. 4 be removed from the agenda. Councilmember Franklin asked that Mayor and Councilmember Items be placed after Public Comment. MOTION It was moved by Councilmembers Franklin/Sniff that the agenda be modified as requested. Motion carried unanimously. APPROVAL OF MINUTES MOTION It was moved by Councilmembers Sniff/Rushworth that the Council Minutes of November 2, 1992 be approved as submitted. Motion carried unanimously. ANNOUNCEMENTS None PRESENTATIONS None PUBLIC COMMENT ROBERT METKUS, congratulated the two new Councilmembers, Glenda Bangerter and Ron Perkins and hoped that they will strive for their stated goals during the campaign. WALLY REYNOLDS, 79-860 Fiesta Dr., congratulated Mayor Pena on his re-election and congratulated Glenda Bangerter and Ron Perkins on their election to the City Council. He also wished Councilmember Rushworth well saying that he will be truly missed. BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 aCity Council Minutes 2 November 17, 1992 LAWSON WALING, 78?47O Singing Palms Dr., addressed the Council on the issue of a grading problem in which his property will be flooded during a heavy rain. Council asked that staff review this matter and report back at the next meeting. MAYOR AND COUNCILMEMBER ITEMS COUNCILMEMBER FRANKLIN, advised that in their 1989?9O report, the Grand Jury made a very strong statement with regards to abuse of the Grand Jury system. The concern was relative to abuse of the office by those seeking to impugn the reputation of candidates seeking election to public office, in which false and misleading complaints were reviewed. The Grand Jury wished to remove itself as a tool of political usage and change Penal Code Section 148.5 to include the Grand Jury to the list of agencies which it is unlawful to make a false complaint. Pursuant to that concern, the Penal Code Section in question has been amended to make that a crime. Regarding the current investigation into the City's records, she felt confident that none of the people with whom she has worked over the past two years has done anything criminal. However, the timing of the investigation leads her to believe that the allegations were politically motivated, designed to discredit and cast doubt on future and present office-holders. The City does not need further divisiveness, but needs to heal. There are issues of pressing importance that need resolution, which can only be accomplished through cooperation and teamwork. COUNCILMEMBER BOHNENBERGER, noted that this will be his last meeting as a full-time Councilmember and after eight years, he's leaving with a bittersweet taste in not leaving with remembrance of what has been accomplished during the past eight years, but rather the present scandals. He wished newly-elected Councilmember Bangerter well and advised her to make decisions based on the well- being of the community in the long-run. He expressed appreciation to the community for allowing him to represent them for the past eight years. BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 aCity Council Minutes 3 November 17, 1992 WRITTEN CORRESPONDENCE a. Letter from Riverside County Treasurer-Tax Collector regarding sale of tax-defaulted properties. Noted and filed. b. Letter from Palmer CableVision agreeing to reimbursement of up to $5,000 for legal costs incurred relative to request for transfer of franchise. Noted and filed. C. Letter from Boy?s and Girl's Club requesting amendment to lease agreement. Council authorized the City Attorney to prepare an amendment to the lease agreement with the Boy's & Girl?s Club as requested for presentation at the next meeting. BUSINESS SESSION 1. CONSIDERATION OF REDUCTION OF SPEED LIMIT ON EISENHOWER DRIVE TO 35 MPH BETWEEN CALLE TAMPICO AND CALLE TECATE. Mr. Speer, Ass?t. City Engineer, advised that the matter before Council is consideration of reducing the speed on Eisenhower to 35 MPH. This issue comes to the Council as a result of a request to install a four-way stop at the intersection of Eisenhower and Nogales. The reasons cited by the proponents of the four-way stop is that it will reduce speed and will stop traffic on Eisenhower so that traffic on Nogales can gain access. However, he felt that the benefits may not be as comprehensive as the proponents claim. Four-way stops do not always reduce the number of accidents. He believed that reduction in speed is a more beneficial solution. The basis for this position is that the section of Eisenhower from Tecate to Tampico, now qualifies as a residential zone as defined in the Vehicle Code. The Code states that the street shall be posted 35 MPH unless it is increased based upon an Engineering Traffic Study. This segment of Eisenhower has all of the same characteristics as all other Cove streets. Reducing the speed will increase maneuvering time by 29% and will reduce the momentum of the vehicle by 40%. These are the kinds of changes that cause less severe accidents and lowers frequency of accidents. BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 aCity Council Minutes 4 November 17, 1992 Councilmember Bohnenberger asked if a lower speed is enforceable by radar and Mr. Speer advised that it is, noting that the Engineering Traffic Survey has been performed. In response to Mayor Pena, Mr. Speer advised that currently, there are four-way stops at Eisenhower and Colima and at Sinaba. He added that the stops that were installed on Bermudas were installed as speed-control devices, as it was believed that we could not legally reduce the speed based upon the Engineering Traffic Study. Brenda McCarthy, advised that she and her neighbors have previously requested a four-way stop at Eisenhower and Nogales. She presented a petition in which 428 people have signed in favor of the four-way stop and 19 against even if the speed is reduced. She referred to an April 10, 1991 City Staff report in which it states that the speed on Bermudas could have legally been reduced, yet stop signs were installed instead, as a method in which to reduce speed. She commented on the number of close-calls on Eisenhower at Nogales. She urged that the Council authorize the four-way stop at Eisenhower and Nogales. Councilmember Rushworth wished to see staff's recommendations have a chance to work. A four-way stop can always be installed if it doesn't work. Councilmember Sniff questioned the argument against a four-way stop and Mr. Speer advised that statistics show that they do not always reduce accidents. He noted that one of the most severe accident in the City occurred at Miles and Washington, which is a four-way stop. Councilmember Franklin asked why the speed can't be reduced and also install the four-way stop. Mr. Speer advised that if you adhere to standard practices, it is more enforceable in Court. Ms. Honeywell, City Attorney, advised that her office has looked at the statutes for both changing speed limits and installing stop signs and there are more specific limitations on changing speed limits not so much as from a liability stand-point, but rather enforceability. If you make dramatic changes in speed limits which are not shown by the traffic study to be what 85% of the people are already going you may have difficulty enforcing it. Stop signs do not have the same kinds of statutory protection the only parameters are that you are supposed to do it based upon City Engineer's advice that it is warranted. BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 aCity Council Minutes 5 November 17, 1992 Mayor Pena referred to the statistics and stated that it appears that this intersection in question is coming close to warranting a traffic signal and Mr. Speer advised that it is coming very close. Mayor Pena stated that he would like to see the speed reduced and a four-way stop installed since it is a discretionary matter. He understood the conclusion reached by the Traffic Committee it's similar to when stop signs were installed in the Cove against the recommendation of the Engineering Department. But, it did have the effect of lowering the speed. RESOLUTION NO. 92-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ESTABLISHING THE MAXICOM SPEED LIMITS FOR EISENHOWER DRIVE BETWEEN CALLE TAMPICO AND CALLE TECATE AND ESTABLISHING A FOUR-WAY STOP AT EISENHOWER AND NOGALES. It was moved by Councilmembers Snif f/Bohnenberger that Resolution No. 92-87 be adopted lowering the speed on Eisenhower to 35 MPH as recommended and that the resolution be modified to include a four-way stop at Eisenhower and Calle Nogales. Motion carried unanimously. 2. CONSIDERATION OF TRANSFER OF RESIDENTIAL DEVELOPMENT RIGHTS. Mr. Herman, Planning Director, advised that the City has received communication from Lusardi Land Co. relative to their efforts to sell 720 acres to the Bureau of Land Management and retaining the development rights for the 72 units which they intend to sell. However, upon research of the ordinances and land-use designations, which could receive the units, they have found limited sales opportunities. Therefore, they are asking for consideration of opening up the land-use designations for density transfers to all residentially- designated properties within the City. He noted that the existing ordinance limits the maximum density increase to 20% when using transfer development rights. Mr. Herman advised that the action before the Council at this time is to begin the process, which will require a public hearing before both the Planning Commission and City Council. BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 aCity Council Minutes 6 November 17, 1992 MOTION It was moved by Councilmembers Sniff/Bohnenberger to instruct staff to begin the process to amend the Hillside Conservation Zone Chapter 9.145) and Transfer Development Rights Chapter 9.146) to permit hillside transferred units on any residentially-designated property subject to meeting the 20% density increase cap. Motion carried unanimously. MINUTE ORDER NO. 92-199. 3. CONSIDERATION OF RECOMMENDATION BY COMMUNITY SERVICES COMMISSION TO REALLOCATE 1992-93 GRANT AWARD FROM BOYS SCOUT TROOP 150 TO ORGANIZATION TO BE IDENTIFIED. Mr. Genovese, Interim City Manager, advised that in the 1991- 92 Fiscal Year, Community Service Grant Funds were allocated to Boys Scout Troop #150, but they have never submitted a reconciliation. During the 1992-93 Fiscal Year, grant funds were allocated to Troop #150 for Packs 320 & 325, however, those funds have been held up due to the fact that the previous reconciliation was not received. Therefore, the Community Services Commission has recommended that these funds be re-allocated with one-half going to the La Quinta Historical Society and one-half to the YMCA. In response to Councilmember Sniff, Mr. Larry Best, Commissioner, advised that in re-allocating the funds, the Commission looked at the groups which were eligible and the amounts requested and awarded. A lot of the groups received the amounts requested, but these two groups did not. Mayor Pena understood that last year, Troop #150 applied on its own and this year, Boys Scouts of America applied. He felt that it's unfair to penalize this Troop for something someone else should have done. He suggested continuing this matter for two weeks and see if we can get the two groups together and see what can be worked out. Commissioner Best advised that all applicants are aware of the reconciliation requirements and the Commission is satisfied that both Troops are aware of the requirements. Councilmember Franklin asked if Troop #150 last year had a 501(c)(3) and Mr. Best advised that that wasn't a requirement last year. He noted that the check was made out to Boys Scouts of America. Councilmember Franklin did not wish to see Packs 320 and 325 suffer for what Troop #150 didn?t do last year, but if the check was made out to Boy Scouts of America and they were aware of the reconciliation obligations then she concurred BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 aCity Council Minutes 7 November 17, 1992 with the recommendation of the Commission. Councilmember Bohnenberger concurred with all that has been said, but noted that the ones to suffer from this are the children. He agreed that if it can't be worked out within the two weeks, then the re-allocation should proceed. Mayor Pena suggested that he and Larry Best sit down with them and attempt to get it resolved. MOTION It was moved by Councilmembers Sniff/Franklin to continue this matter of re-allocation of Community Services Grant Funds to the first meeting in December. Motion carried unanimously. MINUTE ORDER NO. 92-200. 4. CONSIDERATION OF AUTHORIZATION FOR APPLICATION FOR ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM FOR URBAN FORESTRY GRANT. Mr. Genovese, Interim City Manager, advised that The Resource Agency for the State of California has made available grant funds for the purpose of mitigating the effects of expanded or new transportation facilities. The City intends to apply for funds for the development of an Urban Forestry program in the Cove area to mitigate the expansion of Avenida Bermudas, Eisenhower Dr., Avenue 52 and the development of the bike path and street improvements within the Cove. He recommended that the resolution presented be adopted which authorizes the filing of an application. He noted that there are no financial obligations at this point. RESOLUTION NO. 92-88 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE PROJECT KNOWN AS COVE AREA URBAN FORESTRY PROGRAM. It was moved by Councilmembers Sniff/Rushworth that Resolution No. 92-88 be adopted. Motion carried unanimously. 5. CONSIDERATION OF AGREEMENT WITH MUNI FINANCIAL SERVICES MFS) TO PROVIDE CITYWIDE PARCEL AUDIT SERVICES. Mr. o'Reilly, Finance Director, advised that the matter before the Council is approval of an agreement with Muni Financial Services MFS) to provide parcel audit services. He then explained what a parcel audit is as outlined in the staff BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 aCity Council Minutes 8 November 17, 1992 report on file. He added that in addition to the audit, the City will be getting a parcel data base that will be available for the City's use. One City has received $300,000 back, others at $11,000, $15,000 and $45,000 annually. In response to Councilmember Sniff, Mr. O'Reilly advised that MFS has contacted all of the valley cities to perform this service. Ms. Honeywell advised that the agreement being used is the standard agreement prepared by her office. NOTION It was moved by Councilmembers Franklin/Sniff to approve the agreement with MFS and an appropriation of $22,000 for City-wide Parcel Audit Services. Motion carried unanimously. NINUTE ORDER NO. 92-201. 6. CONSIDERATION OF MODIFICATIONS TO FRED WARING DRIVE AT WASHINGTON STREET. Mr. Reynolds, Public Works Director, advised that the County is planning an improvement project which will provide 4 traffic lanes on Fred Waring Drive west of Washington Street. They are asking the City to participate in the cost of the project to the extent improvements east of Washington would be necessary to make for a reasonable transition. Specifically, the elements involving the City would be striping removal, re- striping, roadway widening and modifications to the traffic signal at an estimated cost of $78,000. If participation is approved, an agreement with the County will be brought back to the Council. In response to Councilmember Hohnenberger, Mr. Reynolds advised that they appear to be anxious to move forward with this project. MOTION It was moved by Councilmembers Sniff/Franklin that the City indicate its willingness to participate with Riverside County in the modifications to Fred Waring Dr. at Washington St. with further action to be taken when appropriate. Motion carried unanimously. MINUTE ORDER NO. 92-202. 7. CONSIDERATION OF LANDSCAPE MAINTENANCE SERVICES AT SPORTS COMPLEX, CHILD CARE CENTER, PLAY AREAS AND AVENUE 50 PARKWAY. Mr. Reynolds, public Works Director, advised that there has been a problem with landscape maintenance people at the sports complex because of scheduling problems. He noted that twice BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 aCity Council Minutes 9 November 17, 1992 we have called for bids for this project and have had to reject them because of problems with the bids. This project is complicated because the work has to be programmed with the activities at the school and the youth center. Mr. Reynolds recommended that the Council authorize staff to perform the work at the sports complex with City forces and to allow the purchase of a piece of equipment called a recycler at a cost of $18,000 and a pickup truck at a cost of $12,000. Further, that staff be authorized to call for bids for maintenance for the perimeter landscaping of the tracts along Fred Waring, i.e., Cactus Flower, La Quinta Highlands and Ocotillo. Mr. Reynolds estimated that over the next year, there will be about a $26,000 savings by using City forces. MOTION It was moved by Councilmembers Sniff/Rushworth to proceed on the basis of Alternative #2 by calling for bids for necessary equipment and calling for bids for landscape maintenance services in the northern portion of the City. Motion carried unanimously. MINUTE ORDER NO. 92-203. 8. CONSIDERATION OF EMPLOYMENT AGREEMENT WITH FRANK REYNOLDS TO PERFORM THE FUNCTIONS AND DUTIES OF CITY ENGINEER/PUBLIC WORKS DIRECTOR FROM DECEMBER 18, 1992, THROUGH DECEMBER 17, 1993. Mrs. LiCalsi, Administrative Analyst, presented the Council with an employment agreement with Frank Reynolds to perform the functions and duties of City Engineer/Public Works Director from December 18, 1992 through December 17, 1993. There are two changes from the current agreement. The termination notice is now 30 days as opposed to 10 days and his salary is now $45.59 per hour, which is an increase of 3.5%. The agreement has been reviewed by the City Attorney. Councilmember Sniff had no objection to renewing the contract, but preferred to renew it for six months and give the new Council an opportunity to examine the situation and decide what to do in the future. Mrs. LiCalsi noted that there is a 30-day cancellation clause. MOTION It was moved by Councilmembers Bohnenberger/Franklin to approve the employment agreement with Frank Reynolds to perform the functions and duties of City Engineer/Public Works Director from December 18, 1992 through December 17, 1993 at an hourly rate of $45.59. Motion carried unanimously. MINUTE ORDER NO. 92-204. BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 aCity Council Minutes 10 November 17, 1992 9. CONSIDERATION OF CONSULTANT CONTRACT FOR INTERNAL AUDIT AND RECOMMENDATIONS FOR A TRAVEL POLICY. Mayor Pena introduced Mike Williams, Vice President of C. M. de Crinis & Co. for a brief report. Mike Williams, Vice president of C. M. de Crinis & Co., advised that the Council has a proposal before them to provide a review of the travel expenditures made by representatives of the City. They would review the documents which support the expenditures and also review management letters from the audit firms for prior years' audits, and prepare a report with explanations where appropriate, and make recommendations for changes to the travel policy. He then reviewed his background advising that he has a community college teaching credential in accounting, has been an expert witness in Superior Court relating to accounting and has represented clients before the Internal Revenue Service in travel-related matters. Councilmember Sniff asked if the City Attorney has reviewed the agreement in detail and Ms. Honeywell advised that she has only reviewed it as part of the agenda packet. She recommended that if the Council wishes to enter into an agreement with C. M. de Crinis, that the City's format for professional services contract be used. Councilmember Sniff asked if the City's legal firm and/or auditing firm perform these same services. Ms. Honeywell didn't feel that it would be appropriate for the legal firm to perform this service. It's a possibility that the City's auditors could. Mayor Pena felt that by using this firm would give us an independent look at the records as opposed to doing it in- house. Councilmember Sniff commented that this is a professional service and that the adopted procedures for soliciting professional services has not been followed. He commented on the terms of the contract and questioned how high this could go. It also states that the employees will cooperate and assist with the review and that the City will pay for all appearances as a result of this engagement. He questioned what these things mean. Mr. Williams advised that any time they are required to appear relative to the report, it's only fair for them to be compensated for their time. Regarding the cooperation of staff, obviously, in order to be successful, staff will have to help by providing explanations and assist in locating BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 aCity Council Minutes 11 November 17, 1992 records. Regarding the cost, he has not reviewed any of the records, so it's difficult to estimate the cost. He anticipated that the fee would be lower than $10,000 if the records are in good order and that they receive cooperation from the staff. Councilmember Bohnenberger could not vote to proceed with this agreement at this time. He felt that the City's auditors are capable of performing this service and they are independent. He also believed that staff is capable of preparing a travel policy based on what other cities are doing and on material which can be obtained from the League of Cities. Councilmember Rushworth agreed saying that he saw no reason to proceed with this agreement. We have a new auditor and a new Finance Director and this kind of extensive investigation is not needed. Councilmember Franklin advised that she has been through the past two years of records which the District Attorney's Office has asked for and her area of discomfort is that they need a lot of interpretation. There have been times in the past when one Councilmember did not charge his hotel bill on his credit card, but instead used the City Manager's. These things need interpretation. Secondly, she believed that we need a second opinion and we need to de-politicize this situation. She felt that Mr. Williams has been helpful in the past with the Investment Policy Task Force and that we need someone who is not connected with the City. She commented that she talked to a City Manager who's City underwent a Grand Jury investigation and three of their recommendations were against State Law. Therefore, her confidence level in them is not too high. She felt that this would be money well-spent. Mayor Pena agreed and added that it will give us clear direction as to how we can be removed from the process. Mr. Williams is currently a City Treasurer and his reputation speaks for itself. He isn't opposed to having someone from the outside look at our records and have our people assist in the process and learn from the process. He would like for them to look at the management letters from the Auditors to see if something was picked up of concern that was not passed on to the Council. He suggested, however, that the matter be continued, as Councilmember-elect Perkins had wished to make some comments. BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 aCity Council Minutes 12 November 17, 1992 MOTION It was moved by Councilmember Franklin/Mayor Pena that the matter of the contract with C. M. de Crinis & Co. be continued to the December 1, 1992 meeting and that it be placed on the standard contract form. Motion failed to carry with Counci1member? Bohnenberger, Franklin, Rushworth and Sniff voting NO. CONSENT CALENDAR 1. DEMAND REGISTER DATED NOVEMBER 17, 1992. 2. CONSIDERATION OF TEMPORARY CLOSURE OF STREETS FOR THE CHAMBER OF COMMERCE 10-K RUN. 3. APPROVAL OF WATER AND SEWER SYSTEMS AND RELEASE OF SECURITY FOR WATER, SEWER AND MONUMENTATION FOR TRACT 24208 CACTUS FLOWER II, WILLIAMS DEVELOPMENT LOCATED ON DUNE PALMS BETWEEN MILES AND FRED WARING. 4. REMOVED FROM THE AGENDA. 5. RELEASE OF MONUMENTATION BOND FOR TRACT 25500-3 PGA WEST, SUNRISE DEVELOPMENT CO. 6. APPROVAL OF PARTICIPATION IN LUNCHEON FOR MAYOR RICHARD OLIPHANT OF INDIAN WELLS SPONSORED BY THE ROTARY CLUB OF INDIAN WELLS. 7. APPROVAL OF PROFESSIONAL SERVICES CONTRACT WITH BSI CONSULTANTS FOR THE DESIGN OF A TRAFFIC SIGNAL AT CALLE TAMPICO AND WASHINGTON STREET. 8. DENIAL OF CLAIM OF CONRAD A. DAHL-JOHNSON. 9. DENIAL OF CLAIM OF CORINA B. JOHNSON. Councilmember Bohnenberger asked that Item No. 7 be removed and voted on separately. MOTION It was moved by Councilmembers Sniff/Bohnenberger that the Consent Calendar be approved as recommended and as amended with Item No. 4 and Item No. 7 being removed and with Item No. 2 being approved by RESOLUTION NO. 92-89. Motion carried unanimously. MINUTE ORDER NO. 92-205. Item No. 7 Ms. Honeywell noted that her office has made some minor changes to the contract as has been handed out to the Council. BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 a City Council Minutes 13 November 17, 1992 MOTION It was moved by Councilmembers Sniff/Rushworth that Consent Calendar Item No. 7 contract with BSI, be approved as amended. Motion carried with Councilmember Bohnenberqer abstaining. MINUTE ORDER NO. 92-206. MOTION It was moved by Councilmembers Bohnenberger/Rushworth to add the claims of Conrad A. Dahl-Johnson and Corina B. Johnson to the Closed Session agenda. Motion carried unanimously. STUDY SESSION 1. DISCUSSION OF CIVIC CENTER DEDICATION PLAQUE. Mr. Reynolds, Public Works Director, advised that the architect and contractor for the Civic Center is needing to know how large or how many dedication plaques are going to be desired. The question is what names are going on the plaque. He has attempted to check and see what other cities have done in the case of a change in administration during construction, but has found none. Councilmember Bohnenberger suggested doing like the Water District did with the Storm Water Facilities and that was to have a plaque with the names of both the bodies that approved the project and the one that dedicated the project. Mayor Pena did not mind seeing two dedication plaques with the names of each Council. Mr. Reynolds advised that the reason for needing to know if there?s going to be more than one plaque is that the contractor needs to know whether or not to leave space in the tile for two. He also noted that some cities include the names of the City Manager, architect and contractor. Councilmember Franklin stated that she did not wish to see the names of the architect and city manager on the plaque. Councilmember Rushworth felt that the City Manager 5 name should be included. Councilmember Sniff felt that what has been agreed upon is two plaques one on each side of the entrance with the names to be filled in later. Discussion concluded. BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 aCity Council Minutes 14 November 17, 1992 2. REVIEW OF FRITZ BURNS PARK MASTER PLAN AND DESIGN DEVELOPNENT REPORT. Mayor Pena advised that he would be abstaining from this matter. Councilmember Bohnenberger asked that Councilmember-elect Bangerter join the Council for this discussion. Tim aloney, representing T. I. Maloney, advised that three design schemes were presented to the Community Services Commission and they arrived at the one being presented. He advised that the major entrance is on old Avenue 52" and that the parking lot is designed to accommodate 200 spaces. The project includes a community facility, 8 tennis courts, a tot lot, 2 play areas, a child's pool, a 25meter pool with a recreation slide and viewing stands for swim meets. Councilmember-elect Bangerter asked why there are 50 few basketball courts proposed and Sharon Kennedy, Chairman of the Community Services Commission, advised that the amenities designed into the project are a result of the survey mailed out and returned and all the community forums. Mr. Maloney advised that a pool was the number one amenity requested in the survey and at the forums. Therefore, it is being proposed to be included in Phase I. Mr. Genovese advised that the Council will be looking at the plan two more times, so there will be further opportunity to discuss amenities and phasing. Councilmember Rushworth felt that the design looks great and hoped that it moves forward quickly. Councilmember Bohnenberger agreed and expressed thanks to the Community Services Commission and Tim Maloney. Councilmember Franklin agreed. Councilmember Sniff felt that it's important to have a logical phasing program. In response to Councilmember Sniff, Mr. Maloney advised that lighting has not been planned at this stage. Councilmember Sniff felt that there should be consideration of revenue to make this project semi self-supporting. Mrs. Kennedy questioned the availability of funds for the project and Mr. Genovese advised that there is approximately BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 aCity Council Minutes 15 November 17, 1992 $1 million from Landmark which could be used, although it has not been specifically earmarked for this project. Councilmember Bohnenberger felt that the work-out room could generate a great deal of funds. Councilmember Sniff wished to see additional basketball courts. Council expressed their support for the project and their desire to move forward with the process. Council recessed to Redevelopment Agency. Council recessed until 7:00 P.M. PUBLIC COMMENT None PRESENTATIONS Mayor Pena presented Mr. & Mrs. Doug Hassett, 54-800 Avenida Rubio with the La Quinta Beautiful Award Landscaped for Ecology" for October. Mayor Pena presented Pam Rutledge, representing the American Cancer Society with a proclamation proclaiming November 19, 1992 as the Great American Smoke-Out Day". Pam Rutledge introduced some Natural Helpers from Palm Desert High School and advised that Desert Sands School District works closely with the American Cancer Society because they already have some perfected lessons for smoking prevention. The District is actively educating the students on the health hazards associated with smoking. She complimented the City on their recently enacted smoking ordinance and encouraged the City to work toward a 100% ban on smoking in restaurants. In response to Mayor Pena, Mrs. Rutledge advised that smoking is not allowed on either of the District's High School campuses. BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 aCity Council Minutes 16 November 17, 1992 PUBLIC HEARINGS 1. TENTATIVE TRACT 26251 FIRST EXTENSION OF TINE, TO SUBDIVIDE 3.3+ ACRES WITHIN SPECIFIC PLAN 121-E, INTO TWO SINGLE-FAMILY LOTS WITHIN SANTA ROSA COVE, ONE MILE NORTHWEST OF THE FERNANDO/OBREGON INTERSECTION. APPLICANT: LANDMARK LAND CO. Mr. Sawa, Principal Planner, presented a review of the background of the subject tract advising that it's located within the Specific Plan for La Quinta Cove Golf Club, originally approved in 1975. The Map was first approved in 1990 and consists of four lots with access being from the westerly cul-de-sac termination within Tentative Tract 25237 located at the bottom of the hill and recently developed. The Planning Commission has reviewed the request and has recommended approval. GREG ABADIE, representing Landmark Land Co., was present to answer any questions. The Mayor declared the PUBLIC HEARING OPEN. There being no one wishing to speak, the HEARING WAS CLOSED. RESOLUTION NO. 92-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF A ONE-YEAR TIME EXTENSION FOR TENTATIVE TRACT 26251, TO ALLOW THE CREATION OF A RESIDENTIAL LAND SALES SUBDIVISION. CASE NO. TT 26251 LANDMARK LAND COMPANY FIRST EXTENSION OF TIME. It was moved by Councilmembers Sniff/Rushworth that Resolution No. 92-90 be approved as submitted. Motion carried unanimously. 2. SPECIFIC PLAN 88-012 AMENDMENT #2) & TENTATIVE TRACT MAP 23995 REQUEST FOR A SECOND ONE-YEAR TIME EXTENSION FOR TENTATIVE TRACT MAP 23995 SUBDIVIDING 133 ACRES INTO 304 LOTS, AND A REQUEST TO AMEND THE ADOPTED SPECIFIC PLAN FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF MILES AVENUE AND WASHINGTON STREET AND PRESENTLY ZONED CP, R-3 AND R-1. APPLICANT: A. G. SPANOS. Mr. Sawa, Principal Planner, advised that the subject map consists of 7.53 acres of commercial and 38 acres multi-family and 78 acres single family for a total of 133 acres. He presented a brief background of the project advising that the original approval was in September 1989. He noted that the final General Plan document approved by the Council in October BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 aCity Council Minutes 17 November 17, 1992 1992 modified the applicant?s property by eliminating the existing General Commercial designation on Miles Ave. It was designated as a future park site of 1.4 acres. The Planning Commission has recommended approval as modified by deleting the original commercial development standards since they are not consistent with the newly-adopted General Plan and added Condition #7 of the Specific Plan which addresses the future Miles Avenue park site. RAY HAINES, representing the applicant, advised that he was present to answer any questions. The Mayor declared the PUBLIC HEARING OPEN. There being no one wishing to speak, the HEARING WAS CLOSED. RESOLUTION NO. 92-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA CONCURRING WITH THE PREVIOUS ENVIRONMENTAL ASSESSMENT AND APPROVING SPECIFIC PLAN 88-012, AMENDMENT #2 CASE NO. SP 88-012, AMENDMENT #2 APPLICANT: A.G. SPANOS CONSTRUCTION, INC. It was moved by Councilmembers Sniff/Rushworth that Resolution No. 92-91 be adopted as recommended. Motion carried unanimously. RESOLUTION NO. 92-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, RECONFIRMING THE PREVIOUS ENVIRONMENTAL ASSESSMENT NO. 88-099 AND APPROVAL OF TENTATIVE TRACT NO. 23995 SECOND ONE-YEAR EXTENSION OF TIME. CASE NO. TT 23995, SECOND ONE- YEAR EXTENSION OF TIME. APPLICANT: A. G. SPANOS CONSTRUCTION, INC. It was moved by Councilmembers Sniff/Bohnenberger that Resolution No. 92-92 be adopted as recommended. Motion carried unanimously. 3. ZONING ORDINANCE TEXT AMENDMENT 92-031 AMENDING SECTIONS 9.90.072 C-V-P PARK SUB-ZONES) AND 9.90.074 C-V-N NORTH" SUB-ZONE) BY LISTING GROUP 10 USES UNDER THE PERMITTED USES SECTION RATHER THAN THE CONDITIONAL USE SECTION. THIS ACTION WOULD PERMIT LIVE ENTERTAINMENT AS A PERMITTED USE AND CONFIRMATION OF THE ENVIRONMENTAL DETERMINATION. Mr. Herman, Planning Director, presented staff's report advising that in October 1992, the Council directed staff to BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 aCity CouncIl Minutes 18 November 17, 1992 begin the process to amend the Park and North Subzones of The village by listing Group 10 uses under the permitted uses section rather than the Conditional Use section. Group 10 uses include food service, on-site alcoholic beverage consumption, live entertainment indoors), live or recorded entertainment outdoors, dance floor, and recreational accessory use. Restrictions may be applied to the use pertaining to hours of operation, noise, capacity, size of group and acoustic versus electronic amplification. Mayor Pena questioned how a band recently was allowed to play in the park and Mr. Herman advised that staff is currently checking this with the Coachella valley Recreation & Park District. The Mayor declared the PUBLIC HEARING OPEN. Halle Valdez, advised that as the ordinance currently stands she would be prohibited from even having a clown at the restaurant to entertain, so this ordinance amendment is more important than just to allow live entertainment and dancing. Debbie Galson, advised that she's in escrow in the two-story building at the park and asked that the Council consider their ability to apply for a variance for certain situations as they may come up. An example would be for recorded music in a courtyard. Mr. Herman advised that a patio that is not enclosed is considered outdoors and entertainment would not be allowed. An example is Robi' which is enclosed, entertainment would be allowed, but at La Quinta Garden Cafe, the patio is not enclosed however, he noted that the Garden Cafe is in a different zone). Councilmember Bohnenberger suggested that outdoor entertainment could be allowed by limiting the decibel level. Mr. Herman suggested that if it's Council's desire, the ordinance can be amended to say except live or recorded entertainment outdoors that exceed 60 CNEL's would be prohibited". There being no one else wishing to speak, the HEARING WAS CLOSED. MOTION It was moved by Councilmembers Bohnenberger/Sniff to introduce Ordinance No. 218 as amended and waiver further reading. Motion carried unanimously. BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 aCity Council Minutes 19 November 17, 1992 ORDINANCE NO. 218 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 9 OF THE MUNICIPAL CODE BY AMENDING SECTIONS 9.90.072B AND 9.90074B REGARDING GROUP 10 USES. CASE NO. ZOA 92-031. It was moved by Councilmembers Sniff/Bohnenberger to adopt Ordinance No. 218 as an urgency measure. Motion carried by the following vote: AYES: Councilmembers Bohnenberger, Franklin, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None 4. ANNEXATION #8 LAFCO *92-24-4) INCLUDING CONCURRENT ANNEXATION TO THE CITY'S LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 AND CONCURRENT DETACHMENT FROM THE SOUTHERN COACHELLA VALLEY COMMUNITY SERVICES DISTRICT AND THE RIVERSIDE COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT. THE ANNEXATION CONTAINS APPROXIMATELY 140 ACRES GENERALLY LOCATED NORTH OF AVENUE 8, EAST AND WEST OF MADISON STREET. Mr. Herman, Planning Director, advised that the action before the Council is the annexation of 140 acres north of Avenue 58, east and west of Madison Street and detachment from the Southern Coachella Valley Community Services District and the Riverside County Regional Park and Open Space District. This property includes the lID Sub-Station. The total assessed value is $2,335,979. He noted that at minimum, property owners representing 53% of the assessed value are in support of the annexation. RESOLUTION NO. 92-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN UNINHABITED CONTIGUOUS TERRITORY TO THE CITY OF LA QUINTA, AND INCLUDING CONCURRENT ANNEXATION TO THE CITY'S LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1, AND CONCURRENT DETACHMENTS FROM THE SOUTHERN COACHELLA VALLEY COMMUNITY SERVICES DISTRICT, AND THE RIVERSIDE COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT, KNOWN AS ANNEXATION #8. It was moved by Councilmembers Sniff/Bohnenberger to adopt Resolution No. 92-93. Motion carried unanimously. BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 aCity Council Minutes 20 November 17, 1992 ZONING ORDINANCE AMENDMENT #92-030 AMENDING THE LA QUINTA MUNICIPAL CODE TO ADD CHAPTER 6.10 TO TITLE 6 HEALTH & SANITATION), ADOPTING REQUIREMENTS TO CONTROL FUGITIVE DUST PM1O) EMISSION, AND CONCURRENCE WITH THE ENVIRONMENTAL DETERMINATION RELATING THERETO. MOTION It was moved by Councilmembers Sniff/Franklin to continue this matter to December 1, 1992. Motion carried unanimously. MINUTE ORDER NO. 92-207. DEPARTMENT REPORTS Mr. Genovese, Interim City Manager, introduced Tom o'Reilly, the Citys new Finance Director. He advised that Mr. O'Reilly previously worked for the City of Indian Wells as Ass't. Administrative Services Director in which a portion of his duties included Finance and Risk Management. Mrs. Juhola, Administrative Services Director, advised that the County of Riverside Registrar of Voters is still planning to have the November 3rd election certified by November 2?th. Council concurred on adjourning this meeting to November 30th at 7:00 P.M. to swear in the newly-elected Councilmembers and to re- organize. Mr. Genovese, advised that staff will be ready to begin taking the Council on tours of the Civic Center next week. CLOSED SESSION a. Discussion of on-going litigation pursuant to Government code Section 54956.9(a) International Treasury Management/Denman Company Iowa Trust Mike Hudson b. Discussion of potential litigation pursuant to Government Code Section 54956.9(a) Conrad A. Dahl-Johnson Corina B. Johnson c. Discussion of personnel pursuant to Government Code Section 54957. Recruitment of City Manager BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 a City Council Minutes 21 November 17, 1992 The Council reconvened to regular session with no action being taken. There being no further business, the meeting was adjourned to 7:00 P.M. on November 30th Re#ect??1lY sub L Clerk City of La Quinta, California BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02 BIB] 01-30-96-U01 08:39:42AM-U01 CCMIN-U02 11-U02 17-U02 1992-U02