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1991 09 03 CC Minutesw LA QUINTA CITY COUNCIL MINUTES SEPTEMBER 3, 1991 Regular meeting of the La Quinta City Council was called to order by Mayor Pena, at the hour of 3:00 P.M., followed by the Pledge of Allegiance. PRESENT: Council Members Bohnenberger, Franklin, Rushworth, Sniff, Mayor Pena ABSENT: None CONFIRMATION OF AGENDA The following additions and changes were requested: 1) that a change order for the Bikepath be added as Business Session No. 10; 2) that Business Session No. 4 be moved to Business Session No. 11; 3) that property acquisition Lot 190 of Desert Club Tract Unit 5, and personnel be added to the Closed Session agenda. MOTION It was moved by Council Members Sniff/Rushworth that the additions to the Business Session and Closed Session agendas be made, noting that the need for taking action arose after the posting of the agenda. Motion carried unanimously. ANNOUNCEMENTS None PRESENTATIONS Mayor Pena presented Steve Kochell, Public Works Supervisor, as Employee of the Month for July and Mark Harold, Building Inspector, as Employee of the Month for August. WRITTEN CORRESPONDENCE None BUSINESS SESSION 1. CONSIDERATION OF APPEAL HEARING DATE FOR PUBLIC USE PERMIT 90- 010 FOR A PROPOSED PRE-SCHOOL/DAY-CARE CENTER ON A 1.8 ACRE SITE LOCATED ON THE SOUTH SIDE OF SAGEBRUSH AVE. EXTENSION, EAST SIDE OF DATE PALM DRIVE. APPLICANT: GLENDA & MICHAEL BANGERTER. Mr. Herman advised that the Planning Commission approved the requested Public Use Permit with conditions and subsequently, an appeal of that decision has been received. He advised that the decision before the Council at this time, is to set a date for a public hearing on the appeal. He noted that the second meeting in October conflicts with the League's Annual Conference and suggested a meeting on October 21, 1991. BIB] 02-09-96-U01 08:54:25AM-U01 CCMIN-U02 09-U02 03-U02 1991-U02 wCity Council Minutes 2 September 3, 1991 MOTION It was moved by Council Members Snif f/Bohnenberger to set a date for public hearing on the appeal of Public Use Permit No. 90-010 for October 21, 1991. Motion carried unanimously. MINUTE ORDER NO. 91-120. KATE KELLY, 78-856 sagebrush advised that many people would like to know what happens during the Study Session and Mayor Pena advised that the matter will not be scheduled on the Study Session agenda it will be a public hearing during the evening. 2. CONSIDERATION OF APPROVAL OF LEASE AGREEMENT WITH LA QUINTA ARTS FOUNDATION FOR LEASE OF A PORTION OF THE CIVIC CENTER SITE. Ms. Honeywell, City Attorney, advised that the draft which has been submitted to the Council reflects changes as a result of input received from members of the Council. Mayor Pena pointed out that the lease can always be modified upon mutual agreement by both parties. LANCE ELDRED, President of La Quinta Arts Foundation, asked for consideration of a modification which would allow the Foundation first right of refusal to purchase, if at any point in time, the City decided to sever the property. Ms. Honeywell advised that Mr. Eldred?s other concern was with regard to the addition she made under permitted uses he felt it was adequately covered under Section 3.3. She had no problem in making that change. Regarding the first right of refusal, she had a concern with it for the reason that she can't see that scenario ever happening and added that the Council already has to approve any type of transfer that is made. Council Member Sniff felt that the allowance of five years for development is excessive and suggested a shorter time-frame with an option that can be exercised. Mr. Eldred stated that their intent is to develop as soon as possible, but development is hinging upon selling their current building. While they have funds to proceed, they are not in a position to invest their resources in property they don't need. In response to Council Member Franklin, he believed the fair market value to be between $230,000- $240,000. He then commented on the marketability of the building noting that it would almost have to be a part of an integrated development. BIB] 02-09-96-U01 08:54:25AM-U01 CCMIN-U02 09-U02 03-U02 1991-U02 wCity Council Minutes 3 September 3, 1991 MOTION It was moved by Council Members Bohnenberger/ Rushworth that the agreement with La Quinta Arts Foundation be approved with the modifications allowing them first right of refusal to purchase if the property is ever severed and offered to public sale; and to request a semi-annual report apprising the Council of their construction status up until construction is completed and the modification to Section 4.1 to delete the red-lined changes. Motion carried unanimously. MINUTE ORDER NO. 91-121. 3. CONSIDERATION OF REQUEST FOR FUNDING FOR BUILDING ADDITION TO LA QUINTA CHAMBER OF COMMERCE, 51-351 AVENIDA BERMUDAS. Mr. Kiedrowski advised that the La Quinta Chamber of Commerce has requested funding assistance for an addition to their building. The bid they received is in the amount of $8,452.00. He recommended that the Council authorize up to $10,000 to be allocated from the Contingency Fund. He advised that the Chamber will be reimbursed as funds are spent. AL NEWKIRK, president of La Quinta Chamber of Commerce, addressed the Council commenting on the need for this expansion. Council Member Franklin asked that none of the funds be used for furnishings. In response to Council Member Bohnenberger, Mr. Featheringill, the Contractor, advised that the building addition is 12 x 22. MOTION It was moved by Council Members Sniff/Bohnenberger to authorize the requested funding by the La Quinta Chamber of Commerce in the amount of up to $10,000 to be allocated from the Contingency Fund, with no surplus funds to be used for furnishings and that they be required to obtain the appropriate building permit with waiver of fees. Motion carried unanimously. MINUTE ORDER NO. 91-122. 5. CONSIDERATION OF AUTHORIZATION FOR EXECUTION OF AGREEMENT WITH RECREATION SYSTEMS INCORPORATED RSI) FOR DESIGN AND DEVELOPMENT SERVICES OF THE PROPOSED COMMUNITY PARK NORTH. Mr. aenovese advised that eighteen proposals were received from throughout Southern California. Six of them were then reviewed by a staff panel. Following that review, RSI was chosen as the best qualified bidder. He asked for Councils authorization to execute the agreement with Recreation Systems Inc. for design and development services of the proposed Community Park North. He advised that the agreement cost is BIB] 02-09-96-U01 08:54:25AM-U01 CCMIN-U02 09-U02 03-U02 1991-U02 wCity Council Minutes 4 September 3, 1991 $20,880, but there could be additional costs involved such as soils testing. He advised that there is $25,000 budgeted for this project. MOTION It was moved by Council Members Sniff/Bohnenberger to authorize execution of the agreement with Recreation Systems Inc. for design and development services of the proposed Community Park North in an amount not to exceed $25,000. Motion carried unanimously. MINUTE ORDER NO. 91-123. 6. CONSIDERATION OF ADOPTION OF A RESOLUTION OF INTENTION OF AMENDMENT TO PUBLIC EMPLOYEES RETIREMENT CONTRACT AND INTRODUCTION OF AN ORDINANCE REGARDING THE AMENDMENT. Mr. Genovese advised that this is formalization of the process that was concluded in the negotiations with the Employees Association. The amendment in question is a modification to the City's Retirement Contract to allow a retirement of 2% at age 55 in accordance with the Memorandum of Understanding signed with the Employees Association. RESOLUTION NO. 91-63 A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF LA QUINTA. It was moved by Council Members Sniff/Franklin that Resolution No. 91-63 be adopted. Motion carried unanimously. MOTION It was moved by Council Members Sniff/Franklin that Ordinance No. 192 be taken up by title and number only and that further reading be waived. Motion carried unanimously. ORDINANCE NO. 192 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF LA QUINTA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. It was moved by Council Members Sniff/Franklin that Ordinance No. 192 be introduced on first reading. Motion carried by the following vote: BIB] 02-09-96-U01 08:54:25AM-U01 CCMIN-U02 09-U02 03-U02 1991-U02 wCity Council Minutes 5 September 3, 1991 AYES: Council Members Bohnenberger, Franklin, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None 7. APPOINTMENT OF VOTING DELEGATE AND ALTERNATE TO ANNUAL LEAGUE OF CALIFORNIA CITIES CONFERENCE IN SAN FRANCISCO. MOTION It was moved by Council Member Sniff, seconded by Mayor Pena that Council Member Franklin be appointed the voting delegate and Mayor Pena be appointed the voting alternate to the League of California Cities Annual Conference. Motion carried with Council Member Bohnenberger abstaining. MINUTE ORDER NO. 91-124. 8. CONSIDERATION OF REQUEST FROM PROPERTY OWNER SOUTH OF THE CITY TO ANNEX APPLICANT: GEORGE BERKEY, TRAVERTINE CORP. Mr. Herman advised that a request has been received from George Berkey requesting annexation of his property in Sections 5 and 33 and advising that he is currently under contract with the BLM to acquire Section 4. Mr. Herman advised that a great deal of Section 4 is alluvial fan. Once annexed, this property would fall within the City's Hillside Preservation Zone. KATIE BARROWS, 53-277 Avenida Diaz, advised that there is some alluvial fan within the designated national scenic area or the Mountains Conservancy. Mr. Kiedrowski felt that one issue the Council needs to address, is if the annexation is processed, whether or not to leave the other mountainous land or add additional land so that we can impose our standards as opposed to the County's. Council Member Sniff favored proceeding with the annexation and including the mountains to the west and that the surrounding property owners be contacted. In response to Council Member Franklin, Mr. Herman advised that if requested, an equestrian overlay zone can be processed. BIB] 02-09-96-U01 08:54:25AM-U01 CCMIN-U02 09-U02 03-U02 1991-U02 wCity Council Minutes 6 September 3, 1991 MOTION It was moved by Council Members Sniff/Franklin to direct staff to begin the annexation and sphere of influence process for the property in question in addition to contacting neighboring property owners to determine their interest in annexation and that we also include mountainous area to the west. In response to Council Member Bohnenberger, Mr. Herman advised that it probably will not come back to the Council before December or January. Motion carried unanimously. MINUTE ORDER NO. 91-125. 9. SECOND READING OF ORDINANCES. ORDINANCE NO. 191 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 3, CHAPTER 3.24, SECTION 3.24.030 OF THE LA QUINTA MUNICIPAL CODE RELATING TO THE TRANSIENT OCCUPANCY TAX. It was moved by Council Members Bohnenberger/Franklin that Ordinance No. 191 be adopted on second reading. Motion carried by the following vote: AYES: Council Members Bohnenberger, Franklin, Rushworth, Mayor Pena NOES: Council Member Sniff ABSTAIN: None ABSENT: None 10. CONSIDERATION OF APPROVAL OF CHANGE ORDER NO. 3 FOR THE BIKEPATH. Mr. Kiedrowski advised that in order to install a security fence, the Contractor has found that he's going to have to core some 400 post holes due to the dense soil cement. A lump sum price to perform this work is $16,831.00. This will bring the total cost of the project to $264,633.73. The budgeted amount was $360,000.00. MOTION It was moved by Council Members Bohnenberger/ Franklin to approve Change Order No. 3 for the Bikepath. Motion carried unanimously. MINUTE ORDER NO. 91-126. BIB] 02-09-96-U01 08:54:25AM-U01 CCMIN-U02 09-U02 03-U02 1991-U02 wCity Council Minutes 7 September 3, 1991 4. STATUS REPORT ON FRITZ BURNS PARK AND REVIEW OF REQUEST FOR PROPOSALS. Mayor Pena left the room and abstained from voting on this issue due to a conflict of interest. Mr. Genovese presented the Council with a request for proposals for Fritz Burns Park which contains and is modeled around some of the elements the Council expressed during the Council retreat. These elements include the design of the park as a tennis and health center complex with some passive facilities, such as group picnic and barbecue facilities in the southern portion of the park. Council Member Sniff questioned the status of the previous design which was done by the Heritage Group. Mr. Genovese advised that he has no problem with them reviewing it, but would not want to constrain the architect by saying this is the preliminary design and this is what we would like. Mr. Kiedrowski noted that the design was done at a time a major tennis facility was being planned on adjoining property and it also included major swimming facilities. In the meantime, the Boys and Girls Club has stated that they will build a pool on their site and the new proposed high school is also planning a swimming pool. Therefore, unless instruction is given, a pool will not be included in the design. Council Member Sniff expressed his strong opinion that a community pool and a tot pool is needed for the Cove and should be included in the design. He commented on the potential population of 20,000 in the Cove and it's not convenient for the kids to ride their bikes over the Boys and Girls Club. Council Member Franklin did not believe that there's a need for three pools in the area. The pool at the Boys and Girls Club will not function until 2:00 P.M. and will therefore, be available for community use during the morning hours. Additionally, the expense and liability of a pool is incredible. She added that the membership in the Club is only $5.00 per year and if a child cannot afford that, then it will be worked out. Council Member Bohnenberger stated that he would like to see a tot pool planned and a swimming pool of some size incorporated in the initial preliminary design work and brought back to the Council for review along with cost BIB] 02-09-96-U01 08:54:25AM-U01 CCMIN-U02 09-U02 03-U02 1991-U02 wCity Council Minutes 8 September 3, 1991 estimates for discussion on feasibility. He commented on the tot pool in the park in Cathedral City and how it has been greatly used. MOTION It was moved by Council Members Bohnenberger/Sniff to approve the RFP as amended to include a tot pool and swimming pool in the initial design. Motion carried with Mayor Pena abstaining. MINUTE ORDER NO. 91-127. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF JULY 2, JULY 16, JULY 23, AUGUST 6, AND AUGUST 20, 1991. 2. APPROVAL OF DEMAND REGISTER. 3. AUTHORIZATION TO RELEASE LANDMARK LAND CO. MONUMENTATION SECURITY FOR TRACT 24890-1 THE CITRUS JEFFERSON AND 52ND AVENUE. 4. DENIAL OF CLAIM OF GTE CALIFORNIA INC. FOR DAMAGES. 5. APPROVAL OF FINAL TRACT MAP 23773-2 AND RELATED SUBDIVISION IMPROVEMENT AGREEMENT STARLIGHT DUNES AT THE NORTHEAST CORNER OF FRED WARING AND ADAMS APPLICANT: RICK JOHNSON. 6. AUTHORIZATION TO ENTER INTO AGREEMENT WITH TRI LAKES CONSULTANTS FOR INSPECTION SERVICES FOR PHASE IV OF THE COVE IMPROVEMENT PROJECT. 7. AUTHORIZATION TO ENTER INTO AGREEMENT WITH KICAK AND ASSOCIATES FOR CONSTRUCTION STAKING FOR PHASE IV OF THE COVE IMPROVEMENT PROJECT. 8. ACCEPTANCE OF GRANT DEED FOR RIGHT-OF-WAY FOR WIDENING OF CALLE TAMPICO FROM LANDMARK LAND CO. 9. ACCEPTANCE OF WASHINGTON STREET RIGHT-OF-WAY CONVEYANCE FROM THE LA QUINTA REDEVELOPMENT AGENCY. 10. ACCEPTANCE OF QUITCLAIM DEED FOR PROPERTY LOCATED IN NEW 52ND AVENUE ALIGNMENT FROM COACHELLA VALLEY WATER DISTRICT. 11. AUTHORIZATION FOR WAIVER OF SPECIAL EVENT FEES FOR LA QUINTA VILLAGE FAIRE 1991 AND LA QUINTA ARTS FESTIVAL 1992. 12. APPROVAL OF NAME CHANGE AND MERGER OF WASTE MANAGEMENT OF THE DESERT, INC. WITH WASTE MANAGEMENT OF CALIFORNIA, INC. DBA WASTE MANAGEMENT OF THE DESERT. BIB] 02-09-96-U01 08:54:25AM-U01 CCMIN-U02 09-U02 03-U02 1991-U02 wCity Council Minutes 9 September 3, 1991 13. AWARD OF BID FOR MEDIAN LANDSCAPING ON EISENHOWER DRIVE FROM CALLE COLIMA TO CALLE NOGALES AND FROM CALLE TAMPICO TO AVENIDA MONTEZUMA TO LOW BIDDER WESTSCAPE DEVELOPMENT CORP. IN THE AMOUNT OF $81,043.00. 14. AWARD OF BID FOR PICK-UP TRUCK FOR ANIMAL CONTROL TO LOW BIDDER ALLSTAR DODGE IN THE AMOUNT OF $14,523.36. 15. APPROVAL OF CHANGE ORDER NO. 3 FOR THE CHILD CARE/YOUTH FACILITY. Ms. Honeywell asked that Item No. 9 be deleted and rescheduled for the next meeting as a resolution is required. MOTION It was moved by Council Members Bohnenberger/Franklin that the Consent Calendar be approved as submitted with the deletion of Item No. 9. Motion carried with Council Member Sniff voting NO. MINUTE ORDER NO. 91?128. STUDY SESSION ITEMS 1. DISCUSSION OF COUNCIL'S RULES OF PROCEDURES FOR COUNCIL MEETINGS. Council reviewed the Rules of Procedures with the City Clerk advising that it will be placed on the next Council agenda for adoption. Council Member Sniff expressed opposition to the 3:00 P.M. Council Meetings. 2. DISCUSSION OF ISSUES RELATIVE TO POST OFFICE EXPANSION. Council concurred on holding this matter over until the Postmaster can be present. 3. UP-DATE ON INDIAN SPRINGS ASSESSMENT DISTRICT. Mr. Reynolds advised that the City Attorney has drawn up a deed form for submission to the property owners in Indian Springs and wally Reynolds has agreed to assist the City in getting them distributed, signed and returned. A brief discussion ensued relative to the School District paying their share of the cost of improvements. Council concurred on instructing Staff to approach the District for financial participation. BIB] 02-09-96-U01 08:54:25AM-U01 CCMIN-U02 09-U02 03-U02 1991-U02 wCity Council Minutes 10 September 3, 1991 Council then concurred that a letter should be sent to all property owners letting them know the status of the proposed Assessment District. 4. OUTLINE OF APPROACHES TO DEVELOPMENT IN THE VILLAGE AT LA QUINTA. Mr. Kiedrowski advised that the Council has previously discussed the kinds of things we would like to have in The village and these have been discussed with Frank Spevacek, Consultant with RSG. Mr. Spevacek has prepared some ideas as to how to get started. There have been many discussions as to what extent to have an artist orientation. Mayor Pena felt that there is a need to re-visit The village Specific Plan in light of the economy and as to whether or not an artist colony will ever pencil out. Mr. Spevacek felt that if it's the Agency's desire to see what type of developer interest is out there, he felt that time is right to explore that interest. Heretofore, the approach has been okay, we have The village area here and we want to make it unique come in and tell us what you would like to do In today's financial climate, the need is to look at it more from a joint venture arrangement and approach it from that standpoint. Council Member Franklin felt that the report submitted is off base first, some decisions need to be made as to what we're going to do with the downtown area before we talk to developers. Secondly, she felt that input from the property owners is needed and thirdly, a merchants association is needed. Additionally, the park is needed before anything can be done and decisions regarding parking needs to be made. Council Member Sniff stated that he has never indicated a desire to have an art colony, which he is strongly against. He felt that the marketplace needs to determine what will be here. This has been an issue before the Council since 1984 and nothing has been accomplished in seven years. The Council must decide what to do and find a means to implement it. He felt that the first thing that needs to be done is the infrastructure. He presented some ideas as to what he believed would work using the park as a focal point with restaurants/art galleries, etc. on each end with decks and parking around the perimeter and a fountain in the center. BIB] 02-09-96-U01 08:54:25AM-U01 CCMIN-U02 09-U02 03-U02 1991-U02 wCity Council Minutes 11 September 3, 1991 Mr. Kiedrowski commented on the plans for improvements in The Village in connection with Phase IV of the Cove Improvement Project and the improvements that have been made to date. Council Member Bohnenberger did not believe that lack of infrastructure is what is holding back development. He believed that it's because of lack of a model" for developers to see what the City wants. He suggested we do a model and market it. Council Member Franklin commented that last December the Chamber of Commerce presented a proposal for a phased-in development, which the Council never took action on. Council Member Sniff continued to believe that nothing will be done without the infrastructure being in place. He agreed with Council Member Bohnenberger that we need to take the lead in developing a model as a phased-in type of development. He added that the property owners must be an integral part of the process. Council Member Rushworth did not see how infrastructure can be put in without knowing the basic design and layout of future buildings. Council Member Franklin believed that Michael Friedman had good ideas that can be used without contracting for his services, which basically said you need continuity?'. Mr. Kiedrowski commented that the overall philosophy of The Village Plan and the fact that the City doesn't need 70 acres of commercial, but does need a *`tourist attraction". Mayor Pena suggested keeping this matter on the agenda for continual discussion and up-dates and somehow come up with some kind of process whereby the Council can get together with developers and property owners to re-generate some ideas and start to make determinations on how we're going to proceed and try to involve as many people as we can in the process. He agreed with Council Member Sniff that the boundaries need to be defined. Mr. Kiedrowski advised that the City is currently out for proposals for a parking district which will be brought to the Council very soon. Additionally, Mayor Pena advised that he and Council Member Rushworth are continuing discussions with the C. V. Recreation District regarding the park. BIB] 02-09-96-U01 08:54:25AM-U01 CCMIN-U02 09-U02 03-U02 1991-U02 wCity Council Minutes 12 September 3, 1991 Council concurred on keeping this matter on the agenda for continual up-dates and asked that the next agenda include a status of the park acquisition; parking district; and infrastructure Council Member Sniff suggested the possibility of a person, group, agency or consultant to be the administrative head to oversee the development of The village. 5. DISCUSSION OF ANTI-MINING ORDINANCE. The City Attorney was given direction to draft an ordinance for Council's consideration which would prohibit mining in the City. 6. DISCUSSION OF EAGLE MOUNTAIN LANDFILL DRAFT EIS/EIR. Council gave staff direction to oppose the proposed landfill, but to transmit the City's wish to make sure that Riverside County will also have access to it in the event that it is approved. Council Member Franklin commented that Supervisor Larson has promised the Mountains Conservancy a percentage of the tipping fees from this operation. PUBLIC COMMENT AUDREY OSTROSKY, P.O. Box 351, La Quinta, commented on the number of businesses which are operating out of their homes/garages in the Cove. STUDY SESSION CONTINUED....... 7. DISCUSSION OF CONTRACT WITH RIVERSIDE COUNTY FIRE DEPARTMENT. Mr. Kiedrowski advised that the Council has received copies of a newspaper article which suggested that the previous discussions between the City and Riverside County regarding the fire contract had been rescinded. Also received, was a new contract which did not include a five-year payment schedule which was previously submitted. BIB] 02-09-96-U01 08:54:25AM-U01 CCMIN-U02 09-U02 03-U02 1991-U02 w City Council Minutes 13 September 3, 1991 Council Member Bohnenberger expressed his belief that this is a way of circumventing the agreements we have with the County and Redevelopment Agency and felt that we did not get a fair deal with them on Project Area 2 and not much of one on Project Area 1. Mr. Kiedrowski stated that the policy says that any pass- through money returned to the County that portion that is fire tax will be allocated to the City and they negotiated an agreement that allowed us to retain that money and they?re saying pay your bills in the meantime. Council concurred on forming a sub-committee consisting of Mayor Pena and Council Member Franklin to meet with the City Manager and the County Fire Chief to discuss the matter of the contract for fire services. NOTION It was moved by Council Members Sniff/Franklin that this matter be added to the Closed Session Agenda. Motion carried unanimously. CLOSED SESSION a. Discussion of potential pending litigation pursuant to Government Code Section 54956.9(a) Concerns regarding environmental review of Palm Springs Redevelopment Agency Project Area Canyon Park. Request of Palmer CableVision for Transfer of Ownership. Riverside County re: Fire Services Contract b. Discussion of on-going litigation pursuant to Government Code Section 54956.9(a) City of Indio Indio Case No. 62944 Fredericks FA CV9l-3l7AHS c. Discussion of negotiations pursuant to Government Code Section 54956.8. Desert Villa Housing Project. d. Discussion of potential acquisition of property pursuant to Government Code Section 54956.8. 51-740 Eisenhower Dr. Mary Bowerman Lot 190, Desert Club Tract Unit #5 e. Discussion of personnel pursuant to Government Code Section 54957. BIB] 02-09-96-U01 08:54:25AM-U01 CCMIN-U02 09-U02 03-U02 1991-U02 wCity Council Minutes 14 September 3, 1991 REPORTS AND INFORMATIONAL ITEMS a. Planning Commission Minutes of July 23 and August 13, 1991. b. Community Services Commission Minutes of July 29, 1991. c. Art in Public Places Minutes of July 23, 1991. d. Tenth Anniversary Committee Minutes of August 6 and August 22. e. Design Review Board Minutes of August 7, 1991. f. CVAG Committee Reports g. SunLine Minutes. RECESS UNTIL 7:00 P.M. PRESENTATIONS PRESENTATION OF AWARDS TO OUT-GOING COMMISSIONERS PLANNING COMMISSION SUE STEDING PLANNING COMMISSION ELLY DOWD COMMUNITY SERVICES COMMISSION FELIX TONY' MOLINA PRESENTATION OF LA QUINTA BEAUTIFUL AWARDS FOR JULY AND AUGUST JULY MOST BEAUTIFUL: EUGENE & DOLORES COSWELL, 53-660 MONTEZUMA JULY MOST IMPROVED: JAMES & GLORIA PARNELL, 54-021 MONTEZUMA AUGUST MOST BEAUTIFUL: PHYLLIS STUCHEL, 53-020 MENDOZA AUGUST MOST IMPROVED: STEVE & BECKY KOCHELL, 52-770 VILLA PUBLIC HEARINGS 1. ZONING ORDINANCE AMENDMENT 91-017 TO ADD CHAPTER 9.78 TO THE MUNICIPAL CODE RELATING TO TIMESHARE REGULATIONS AND CONFIRMATION OF ENVIRONMENTAL DETERMINATION. Mr. Herman submitted a copy of the Planning Commission minutes advising that they have recommended that timeshares be prohibited in the City. PUBLIC HEARING OPEN BOB PRUITT, President of PGA West Homeowners Association advised that this matter came up at PGA West when he discovered that one of his neighbors was considering converting his home into a timeshare. The Homeowners Association and Sunrise Co. are very much in favor of banning timeshares. He hoped that the City would adopt an ordinance modeled after the one adopted by the City of Indian Wells. PUBLIC HEARING CLOSED BIB] 02-09-96-U01 08:54:25AM-U01 CCMIN-U02 09-U02 03-U02 1991-U02 wCity Council Minutes 15 September 3, 1991 Council Member Bohnenberger stated that he has no problems with timeshare units. He is a timeshare owner/user and has seen no abuses. He felt that the key word is control. He agreed that there are areas where they would not work. If it's included in an overall development and made known up front, then he is supportive of them, but agreed that they are not appropriate if not included in the beginning like at PGA West. Council Member Sniff also questioned banning them City-wide, when there could be appropriate places for them. He asked if it's possible to prohibit timeshares only in PGA West at this time, but not other parts of the City. Ms. Honeywell advised that you can allow them in certain types of zones like resort zones and prohibit them in general residential zones. Another way would be to use an over-lay zone like we do with equestrian zoning. Council Member Franklin agreed that they should not be excluded altogether her main concern is protecting established residential zones. Ms. Honeywell suggested that she re-draft the ordinance for Council?s consideration on September 17th. Council concurred. Council Member Rushworth commented that he is opposed to time- shares in the City. MOTION It was moved by Council Member Sniff/Mayor Pena that the City Attorney be instructed to re-draft the ordinance limiting timeshares from certain zones to be brought back on September 17th. Motion carried unanimously. MINUTE ORDER NO. 91-129. 2. EED ABATEMENT/LOT CLEANINGS AND PLACEMENT OF COSTS ON 1992/93 TAX ROLLS. a.Byoung & Mall Soon Yoon APN 773-203-009 $187.50 b.Frank & Stephanie Striskivich APN 773-274-004/005 $IB7.50 c.San Fernando Swap Meet Corp. APN 773-143-019 d.Marquette & Vincent Healy APN 773-302-002 $157.50 Mr. Hartung advised that all subject lots have been cleared and property owners have been billed with no response. He recommended that these costs be placed on the 1992/93 tax rolls. BIB] 02-09-96-U01 08:54:25AM-U01 CCMIN-U02 09-U02 03-U02 1991-U02 wCity Council Minutes 16 September 3, 1991 PUBLIC HEARING OPEN PUBLIC HEARING CLOSED Council Member Bohnenberger suggested that the administrative costs be reviewed as 25% seems very low. RESOLUTION NO. 91-64 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 Member Sniff/Mayor Pena that Resolution No. 91-64 be adopted. Motion carried unanimously. Note: Marquette & Vincent Healy paid their assessment following the public hearing and was therefore, deleted from the resolution. 3. APPLICATIONS BY LANDMARK LAND CO. FOR CONSIDERATION OF FINAL EIR AND APPROVAL OF A 327-ACRE PROJECT, BORDERED BY 50TH AVENUE AND THE NORTH, 52ND AVENUE ON THE SOUTH, THE ALL AMERICAN CANAL ON THE EAST AND JEFFERSON STREET TO THE WEST. GENERAL PLAN AMENDMENT 90-031; CHANGE OF ZONE 90-056; SPECIFIC PLAN 90-016. MOTION It was moved by Council Members Sniff/Franklin that the applications by Landmark Land Co. be continued to October 1, 1991. Motion carried unanimously. MINUTE ORDER NO. 91- 130. REPORTS AND INFORMATIONAL ITEMS Mr. Kiedrowski advised that the cost of the Civic Center is between $10 and $11 million. It is his intent to issue a Certificate of Participation in the $6 million range depending on the advise of our financial advisor and that the remaining funds needed come from reserves and infrastructure funds. The money that would be used to anchor the COP would be 1/3 TOT; 1/3 building permits; and 1/3 RDA. In response to questions by Council, Mr. Kiedrowski advised that there will probably be a 20-25 year pay-off. He advised that the only alternative to a COP would a bond election. BIB] 02-09-96-U01 08:54:25AM-U01 CCMIN-U02 09-U02 03-U02 1991-U02 wCity Council Minutes 17 September 3, 1991 Council Member Franklin suggested forming a lease-hold company and putting up the land as collateral to which Mr. Kiedrowski advised that he would suggest it to the financial advisor. Council Member Bohnenberger expressed a desire to see the pay-off as short a time period as possible. Mr. Hartung advised that the new garage sale program, where the locations are posted on the Community Bulletin Board, is working well Council Member Sniff suggested that a raised cement form be poured around the bulletin board. Mr. Herman noted that there will be a joint meeting with the Planning Commission on September 9th at 7:00 P.M. at La Quinta Middle School and another one on September 14th at 9:00 A.M. at La Quinta Hotel Tennis Club Library. He also advised that RFP?s are being received for the downtown parking district and that the Highway 111 guidelines are being re- written. LAFCO will be reviewing the City's application for Bermuda Dunes Sphere of Influence and the City's annexation at Fred Waring and Miles on October 23rd. Mr. Reynolds advised that the Council will be asked to authorize a call for bids for the Civic Center on September 17th. Council Member Bohnenberger asked for a presentation on the building plans at that time. He also advised that Phase IV of the Cove Improvement Project was started today. The bikepath is nearing completion and some kind of ribbon- cutting will be scheduled. Advised that he will soon be discussing boundaries for Phase V with the City Manager. BIB] 02-09-96-U01 08:54:25AM-U01 CCMIN-U02 09-U02 03-U02 1991-U02 wCity Council Minutes 18 September 3, 1991 Council Member Sniff asked if it would be appropriate to have legal counsel present at potentially controversial Planning Commission meetings and Ms. Honeywell stated that would fall within their duties There being no further business, it was moved by Council Members Franklin/Sniff that the meeting be adjourned at 7:50 P.M. Motion carried unanimously. Re?ectfully submitted, SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California BIB] 02-09-96-U01 08:54:25AM-U01 CCMIN-U02 09-U02 03-U02 1991-U02