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1991 11 05 CC Minutes LA QUINTA CITY COUNCIL MINUTES NOVEMBER 5, 1991 Regular meeting of the 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. PRESENT: Council Members Bohnenberger, Franklin, Rushworth, Sniff, and Mayor Pena ABSENT: None CONFIRMATION OF AGENDA Mr. Kiedrowski asked that Business Session No. 4 be removed from the agenda and rescheduled; inserted the amount of $9,000,000 to the resolution for adoption under Business Session No. 11; removed the Council Minutes of October 21, 1991 from the Consent Calendar to be rescheduled. ANNOUNCEMENTS Mayor Pena advised that Mayor Anna Konderlova of Bystrice, Czechoslovakia is present and has been in the City for the past week. He presented her with a proclamation. PRESENTATIONS Mayor Pena presented Lynn Carlisle with a plaque honoring her as Employee of the Month for October. WRITTEN CORRESPONDENCE None BUSINESS SESSION 1. PRESENTATION BY TENTH ANNIVERSARY COMMITTEE OF OFFICIAL LOGO FOR TENTH ANNIVERSARY CELEBRATIONS AND CONSIDERATION OF BUDGET. Mrs. Crane, Chairwoman of the Tenth Anniversary Committee introduced Mark Palmer, who designed the official logo for the Tenth Anniversary Celebrations. Together they presented the official logo to the City Council. Mrs. LiCalsi presented the Committee?s proposed budget and calendar of events. She noted that sponsorship commitments already total over $50,000. The proposed budget totals $22,850, which does not include the Day in the Park" activities, and is anticipated to cost between $15,000- BIB] 02-09-96-U01 11:27:43AM-U01 CCMIN-U02 11-U02 05-U02 1991-U02 City Council Minutes 2 November 5, 1991 $20,000. She noted that the proposed budget doesn't include sale of commemorative items and sale of raffle tickets. Mrs. LiCalsi then reviewed the in-kind contributions the City is making in the way of City Staff support. She advised that the Committee wishes for the City to use a special letterhead stationery during 1992 using the official logo. The set-up costs will be about $400. In response to Council Member Franklin, Mrs. LiCalsi stated that the sales of commemorative items should wash out the cost of the purchase of those items. There will be a $50 per person charge for the dinner dance, but $5,000 is needed for additional costs. It is hoped that with the sale of raffle tickets, that $5,000 will also be a wash. Council Member Franklin felt that there are enough people on the committee including other volunteers that some other arrangements can be made for taking money and reservations for the dinner without using City Staff, as they are over-worked as it is. She suggested that a separate bank account be opened for this purpose. Council Member Sniff asked when the Council will receive an update on the budget for the May 2nd event and Mrs. LiCalsi advised that they will firm it up after the dinner dance. Council concurred on using the official logo on the City's stationery during 1992. MOTION It was moved by Council Members Sniff/Franklin to approve the budget as submitted including additional in-kind services to a point, suggesting that we look to eliminating as much or all of staff time as possible and that a separate bank account be opened. Council Member Bohnenberger stated that this is going to take some staff time and some of it is within the purview of staff to handle. Mayor Pena agreed that there will be some staff time required, but hoped that it will be monitored and kept to a minimum. Motion carried unanimously. MINUTE ORDER NO. 91-167. At this time, the agenda was taken out of order. BIB] 02-09-96-U01 11:27:43AM-U01 CCMIN-U02 11-U02 05-U02 1991-U02 City Council Minutes 3 November 5, 1991 6. CONSIDERATION OF DECLARATION OF DEFAULT ON SUBDIVISION AGREEMENTS ASSOCIATED WITH TRACTS 13640 AND 20052 LAGUNA DE LA PAZ, GLOBAL DEVELOPMENT. Mr. Steve Speer, Assistant City Engineer, reviewed the history of Tracts 13640 and 20052 advising that under pressure from the Homeowners' Association, City staff began pressuring Global Development to complete the required improvements. A schedule was approved allowing Global until October 6th to complete the improvements. At the time of writing the staff report, the work had come to a halt. However, since that time, work has again proceeded and there is about 2-3 weeks worth of work to complete. A revised recommendation of staff would be to continue consideration of this matter to December 17th, which the Homeowners' Association has agreed to. He added that if the City calls the bonds, it could take from months to several years to complete the legal process. Jeff Petrus, 48-117 Via Hermosa, representing Global Development, advised that they are in the process of trying to complete the punch-list of the City and the C.V.W.D. The remainder of the work should be completed well in advance of December 17th. He added that since this project was approved, the City has enacted a dark sky ordinance" and questioned whether or not they are to proceed with the street lights. Bob Whispy, 48-220 Calle Florista, reviewed the history of this matter, and advised that they do agree to a continuance until December 17th. Mayor Pena suggested updates every two weeks on the progress the Developer is making. Regarding the comment about street lights, Council concurred that they should proceed with the original requirements, as there are street lights that will comply with the City's ordinance. MOTION It was moved by Council Members Sniff/Bohnenberger to continue deliberation of this matter to December 17th and that the Council receive up-dates at each intervening Council meeting until that time as to the progress being made. Motion carried unanimously. MINUTE ORDER NO. 91-168. 2. STATUS REPORT BY YMCA REGARDING THE YOUTH/CHILD CARE CENTER. Gerry Hundt, Executive Director of the YMCA, addressed the Council and reviewed the progress of the opening of the Child Care Center advising of the licensing procedures. He BIB] 02-09-96-U01 11:27:43AM-U01 CCMIN-U02 11-U02 05-U02 1991-U02 City Council Minutes 4 November 5, 1991 anticipated that they will receive their license sometime in December. They are planning on opening January th; but in the interim, the Director, Kathy Knudson, will open the office and start doing business there in December. They are also planning a Christmas Camp there. The Center will have 92 spaces and there are over 100 children on the wait-list. All but two of them reside in La Quinta. He has been working with City Staff on holding a dedication ceremony on December 5th. In response to Council Member Sniff, Mr. Hartung advised that the Center is complete with the exception of a couple minor items that will be completed this week. Council concurred on contacting our State Representatives to see if we can get assistance in processing the license application. 3. CONSIDERATION OF APPROVAL OF COOPERATIVE AGREEMENT WITH RIVERSIDE COUNTY TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE, AND MEDICAL AID. Mr. Kiedrowski advised that the agreement before the Council was previously approved with the City Manager and City Attorney being asked to review it for possible modifications. They have had numerous conversations with County Fire Staff and now recommend final approval. Mrs. Honeywell advised that there has been a clarification defining all of the taxes being discussed, so that it?s clear that it's a combination of the pass?through amounts plus the structural fire tax and if those two amounts exceed the actual costs, then we receive reimbursement within 30 days of the fiscal year. There was also a revision to the holding-over section, initially, it was set for a four-year term, and that was changed to be annual. The one item that she was not successful in negotiating, dealt with mutual aid. She wished to see it made mandatory. That section provides that they can seek reimbursement when mutual aid is provided. MOTION It was moved by Council Members Sniff/Bohnenberger that the agreement with Riverside County for Fire Protection, Fire Prevention, Rescue and Medical Aid be approved as submitted. Motion carried unanimously. MINUTE ORDER NO. 91- 169. 4. CONSIDERATION OF VOLUNTEER FIREMEN?S PAY SCHEDULE. Removed from the agenda. BIB] 02-09-96-U01 11:27:43AM-U01 CCMIN-U02 11-U02 05-U02 1991-U02 City Council Minutes 5 November 5, 1991 5. APPROVAL OF ANNEXATION NO. 6 TO THE CITY OF LA QUINTA 156 ACRES ON THE NORTHEAST CORNER OF WASHINGTON AND FRED WARING. APPLICANT: VALLEY LAND DEVELOPMENT AND CITY OF LA QUINTA. Mr. Herman, Planning Director, advised that LAFCO has authorized the City of La Quinta to be the conducting authority and authorized the City to proceed without notice, hearing and election of the 156-acre annexation of the northeast corner of Fred Waring and Washington St. RESOLUTION NO. 91-82 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, KNOWN AS ANNEXATION #6. It was moved by Council Members Sniff/Rushworth that Resolution No. 91-82 be adopted. Motion carried unanimously. Tom Thornburg, commented on his satisfaction with the City's Development Standards and with how the City is progressing. 7. CONSIDERATION OF APPROVAL OF SPECIAL ADVERTISING DEVICE 91-014 DIRECTIONAL SIGNAGE) FOR 1992 LA QUINTA ARTS FESTIVAL. APPLICANT: LA QUINTA ARTS FOUNDATION. Mr. Herman advised that the request of the La Quinta Arts Foundation is similar to applications made in past years and the conditions are also similar. Council Member Bohnenberger asked if they could integrate the use of the City's official anniversary logo on their signs and Mr. Walling, Board Member, advised that he would surface it at the next Board Meeting. MOTION It was moved by Council Members Sniff/Franklin to approve the application of the La Quinta Arts Foundation for Special Advertising Devices to be placed throughout the City for the 1992 La Quinta Arts Festival. Motion carried unanimously. MINUTE ORDER NO. 91-170. 8. CONSIDERATION OF APPROVAL OF AGREEMENT FOR LEASE OF OFFICE SPACE LOCATED AT 78-105 CALLE ESTADO FOR THE CITY HALL FACILITY. Mrs. Licalsi advised that the lease agreement is for one year and then month-to-month, with no change in the lease amount. BIB] 02-09-96-U01 11:27:43AM-U01 CCMIN-U02 11-U02 05-U02 1991-U02 City Council Minutes 6 November 5, 1991 MOTION It was moved by Council Members Sniff/Bohnenberger that the lease agreement for 78-105 Calle Estado be approved and authorize the City Manager to sign same. Motion carried unanimously. MINUTE ORDER NO. 91-171. 9. CONSIDERATION OF APPROVAL OF RESCISSION AND SETTLEMENT AGREEMENT WITH CITY OF PALM SPRINGS AND COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS. Mr. Kiedrowski advised that the Council has received a copy of the settlement agreement which has been negotiated between the Cities of Palm Springs and La Quinta. The recitals bring forth all of our concerns in bringing about a complete rescission of our current agreement with the City of Palm Springs relative to Redevelopment Agency Project Area No. 2. Council Member Sniff questioned some verbiage in the agreement relative to our ability or inability to challenge future redevelopments in Palm Springs. Mr. Kiedrowski stated that staff does not believe that it's strong enough to hold up legally. Council Member Bohnenberger commented that in spite of this agreement, he stands ready and willing to assist with the development and financing of a regional airport facility; to expand what's there to allow it to take in larger aircraft and improve the facility. The only thing he requests, is when we do come to that, that we would like fair and equitable representation on the governing board of that facility at that time, adding that you can't have taxation without representation. MOTION It was moved by Council Members Sniff/Bohnenberger to approve the rescission and settlement agreement with the City of Palm Springs and authorize the Mayor to sign same. Motion carried unanimously. MINUTE ORDER NO. 91?172. 10. CONSIDERATION OF AWARD OF BID FOR CIVIC CENTER CONSTRUCTION. Council Member Bohnenberger advised that he would be abstaining from this issue due to do a possible conflict of interest. Mr. Reynolds advised that on October 31, 1991, we received nine bids a tenth bid was five minutes late and not received and opened). The low bid was submitted by a joint venture between Walton/Jascorp. which was subsequently withdrawn due to a sizable error in their bid. This resulted in the second low bidder of Lusardi Construction, in the amount of BIB] 02-09-96-U01 11:27:43AM-U01 CCMIN-U02 11-U02 05-U02 1991-U02 City Council Minutes 7 November 5, 1991 $8,396,000 being recommended for award. Mr. Reynolds continued, that the third lowest bidder, Pepper West, submitted a letter asking that both the first and second low bidders be rejected. The reason for asking that Lusardi be rejected is because they had listed the wrong steel company as a sub-contractor. This matter has been reviewed with the City Attorney, who has advised that Public Contract Code Section 4107.5, sets forth a procedure to be used in correcting this kind of error. Therefore, he recommended that the bid be awarded to Lusardi in the amount of $8,396.00. Council Member Sniff asked the City Attorney if she saw any legal problems here and she advised not. She further advised that at this point, the decisions before the Council are 1) to approve the request of Walton/Jascorp. to withdraw their bid; 2) overrule the protest of Pepper West; 3) approve the bid of Lusardi with the correction; or 4) reject all bids and re-bid. In response to Mayor Pena, Mr. Reynolds advised that he is comfortable with the bid submitted by Lusardi Construction. MOTION It was moved by Council Members Sniff/Rushworth to approve the request of Walton/Jascorp. to withdraw their bid. Motion carried unanimously. MINUTE ORDER NO. 91-173. MOTION It was moved by Council Members Sniff/Franklin to overrule the protest of Pepper West of Lusardi's bid. Motion carried unanimously. MINUTE ORDER NO. 91-174. Council Member Sniff commented that the City is now almost 9 1/2 years old and this decision is a significant milestone in the history of the City. All our thoughts go out to those people who has had a hand in leading the City and we re all dedicated to the progress and success of La Quinta. MOTION It was moved by Council Members Sniff/Franklin to award the bid for the Civic Center Construction Project to Lusardi Construction in the amount of $8,396,000. Lance Eldred, spoke as a new resident of the City and complemented the Council on their foresight and commitment to the future of this City. He expressed his appreciation to the Council for taking this big step. Fred Wolff, 77-227 Ensenada, echoed the comments made by Mr. Eldred, commenting that this is going to be a complete Civic Center" when completed with the Senior Center, library, and La Quinta Arts Foundation. He commended the City Council. BIB] 02-09-96-U01 11:27:43AM-U01 CCMIN-U02 11-U02 05-U02 1991-U02 City Council Minutes 8 November 5, 1991 John walling, 51-260 Rubio, complemented the City Council, particularly their timing, providing construction and job opportunities in the Community. Mike Mendoza, 53-960 Alvarado, commended the City Council, saying that it's exciting to see a City that's thinking progressively and growing, rather than doing too little, too late. The Council is making La Quinta an attractive place to live and work. Council Member Franklin stated that this was not an easy decision to make in these economic times. Committing the City to 25 years of substantial payments was a rough decision to make, but we do have the future of the City in mind and she's happy we're moving forward with this project. Mayor Pena agreed that this is a milestone and 25 years from now when we look back and burn the note), we're going to be glad we moved forward. We're really banking on the future of La Quinta and he believed that it has a lot to offer. He added that the Council has been very involved in the entire process, and he's pleased to be a part of the City at this time. Council Member Sniff commented that the Council and citizens owe a considerable debt to the City Manager and Staff for their efforts they've done an excellent job on a most difficult and complex assignment. Council Member Rushworth spoke for Council Member Bohnenberger stating that he, too, has put a great deal of time in on this project. Motion carried unanimously with Council Member Bohnenberger abstaining. MINUTE ORDER NO. 91-175. Mr. Reynolds introduced the President of Lusardi Construction, Scott Free, who stated that he looks forward to being a part of the City's dream and hoped to make us proud of our Civic Center. Lyle Denny, also with Lusardi was introduced and stated that he, too, was pleased to be a part of the City's dream. BIB] 02-09-96-U01 11:27:43AM-U01 CCMIN-U02 11-U02 05-U02 1991-U02 City Council Minutes 9 November 5, 1991 11. CONSIDERATION OF ADOPTION OF RESOLUTION AUTHORIZING THE SALE, EXECUTION AND DELIVERY OF NOT MORE THAN $9,000,000 PRINCIPAL AMOUNT OF BONDS OF THE LA QUINTA FINANCING AUTHORITY AND APPROVING CERTAIN DOCUMENTS IN CONNECTION THEREWITH. Mr. Kiedrowski advised that the Council has received an amended draft of a resolution being requested for adoption to set in motion a bond issue relative to the financing of the Civic Center. Council concurred on continuing this matter to the evening session to review the amended resolution. 12. SECOND READING OF ORDINANCES. ORDINANCE NO. 195 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING CHAPTER 9.92 PREVIOUSLY DELETED I-P INDUSTRIAL PARK SECTION) TO THE LA QUINTA MUNICIPAL CODE AND AMENDING CHAPTER 9.160 OF THE OFF-STREET PARKING STANDARDS; AND CONCURRENCE WITH THE PROPOSED NEGATIVE DECLARATION CASE NO. ZOA 91-020 CITY OF LA QUINTA. MOTION It was moved by Council Members Sniff/Rushworth that Ordinance No. 195 be adopted on second reading. Motion carried by the following vote: AYES: Council Members 13Bohnenberger, Franklin, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF OCTOBER 15, 1991. 2. APPROVAL OF DEMAND REGISTER. 3. ACCEPTANCE OF PROJECT NO. 91-8 BEAR CREEK BIKE PATH AND AUTHORIZATION TO FILE A NOTICE OF COMPLETION. 4. ACCEPTANCE OF PROJECT NO. 90-1 PHASE III OF THE COVE IMPROVEMENT PROJECT AND AUTHORIZATION TO FILE A NOTICE OF COMPLETION. BIB] 02-09-96-U01 11:27:43AM-U01 CCMIN-U02 11-U02 05-U02 1991-U02 City Council Minutes 10 November 5, 1991 5. ACCEPTANCE OF PROJECT 91-5 YOUTH/CHILD CARE CENTER AND AUTHORIZATION TO FILE NOTICE OF COMPLETION. 6. APPROVAL OF CONTRACT CHANGE ORDER NO. 1 ASSESSMENT DISTRICT NO. 91-1 AREA C HIGHLAND PALMS AREA FOR REMOVAL AND RECONSTRUCTION OF CURB AND GUTTER. 7. ADOPTION OF RESOLUTION ACCEPTING PASSES TO SKINS GAMES. 8. APPROVAL OF FIRST, ONE-YEAR TIME EXTENSION FOR TENTATIVE TRACT 24950 LOCATED ON THE NORTHEAST CORNER OF MILES AVENUE AND DUNE PALMS ROAD. APPLICANT: CHONG LEE. 9. AUTHORIZATION FOR OUT-OF-STATE TRAVEL FOR ADMINISTRATIVE SERVICES DIRECTOR TO ATTEND A MUNICIPAL CLERK'S INSTITUTE IN ARIZONA IN JANUARY. 10. APPOINTMENT OF ELAINE REYNOLDS TO TENTH ANNIVERSARY COMMITTEE TO REPLACE SUE STEDING DUE TO HER RESIGNATION. MOTION It was moved by Council Members Sniff/Franklin that the Consent Calendar be approved as amended with Items No. 7 and 8 being approved by Resolution Nos. 91-83 and 91-84 respectively. Motion carried unanimously. MINUTE ORDER NO. 91-176. STUDY SESSION ITEMS 4. DISCUSSION OF PROPOSED ORDINANCE REGULATING SMOKING IN PUBLIC PLACES. Joe Daniel, 51-315 Juarez, spoke to the Council on this issue, believing that smokers should be able to smoke and most of them are polite; but when he dines out, he does not want to be seated next to someone who's smoking. When he goes into local restaurants and asks why they don't have a designated smoking area, he's told because the City doesn't require it. Therefore, he believed that it's going to be necessary for the City to impose regulations. Leslie Daniel, 51-315 Juarez, applauded the City for taking an aggressive stand on environmental issues. She felt that businesses in La Quinta would experience an increase if they would regulate smoking. Ted Axe, Director of Food and Beverage for La Quinta Hotel, advised that they don't allow smoking in any of their office areas. He hoped that the City will be very concerned about the direction with this issue. Currently, the State has four BIB] 02-09-96-U01 11:27:43AM-U01 CCMIN-U02 11-U02 05-U02 1991-U02 City Council Minutes 11 November 5, 1991 Bills pending relating to smoking, and it's his opinion that some of them will be enacted. He urged that input be received from restaurants and that we proceed carefully. He preferred to let the State proceed. Mayor Pena asked Mr. Axe what he does when someone requests seating in a non-smoking area and he advised that he tries to seat them in an area where it appears that people are not smoking. He added that they only get about 1 or 2 requests each week. Council Member Franklin didn't wish to see this matter continued any longer than necessary. She advised that in speaking to Mrs. Vossler Woodard, she preferred to see a complete ban on smoking in restaurants rather than have segregated areas. Mr. Axe stated that Mrs. Vossler wished to see something comparable with surrounding cities if an ordinance is adopted. Council Member Rushworth wished to see this matter continued long enough to get input from the restaurants. Mr. iedrowski suggested that the City enlist the assistance of the Chamber of Commerce and that they get some input from the restauranteurs and report back to the City Council. Council Member Franklin asked that a survey be sent to all of the restaurants to get their input and then proceed to get something on the books, rather than wait until we're State mandated. Council concurred on asking that this matter be back before the Council on December 3, 1991 with staff preparing something for submission by the Chamber to all restaurants. Mrs. Honeywell noted that this ordinance doesn't just apply to restaurants, but the work place also. Mr. Newkirk advised that they would be willing to assist the City in this matter. This matter was continued to December 3, 1991. 1. DISCUSSION OF REQUEST OF CHAMBER OF COMMERCE COMMERCIAL DEVELOPMENT TASK FORCE FOR FUNDS FOR BROCHURE TO MARKET THE VILLAGE AT LA QUINTA. Mr. Newkirk presented the Council with a promotional brochure intended to assist in marketing The village. He advised that BIB] 02-09-96-U01 11:27:43AM-U01 CCMIN-U02 11-U02 05-U02 1991-U02 City Council Minutes 12 November 5, 1991 they plan to have 20,000 printed at a cost of $10,000. Council Member Sniff commented on the copy stating that he would prefer to see the product made more explicit. Council concurred on asking the Chamber to come back with some estimates on smaller amounts, i.e., 5,000 and 10,000. 2. DISCUSSION OF APPLICATIONS SUBMITTED BY LANDMARK LAND CO. AS REFERENCED IN PUBLIC HEARING ITEMS 6 & 7 AND SPECIFIC PLAN 90- 016. Mr. Kiedrowski advised that the issues of concern that he has heard discussed deal with the commercial in one area; and in the others, the concerns are more general, i.e., why are we dealing with entitlements given the current state of affairs with Landmark. They are obviously trying to market their various properties and in doing so, the entitlements have value. In response to Council Member Sniff, Mrs. Honeywell advised that there is no legal reason for not proceeding with consideration of Landmark's proposals, pointing out that the Council is only dealing with land use issues. At this point, Mr. Nesbitt, Associate Planner proceeded to review each of the proposals. Council asked to see a master plan of these projects and how they tie into PGA West. It was decided to continue the discussion to the evening session. The remainder of the Study Session agenda was continued. COUNCIL RECESSED UNTIL 7:00 P.M. BUSINESS SESSION 11. CONSIDERATION OF ADOPTION OF RESOLUTION AUTHORIZING THE SALE, EXECUTION AND DELIVERY OF NOT MORE THAN $9,000,000 PRINCIPAL AMOUNT OF BONDS OF THE LA QUINTA FINANCING AUTHORITY AND APPROVING CERTAIN DOCUMENTS IN CONNECTION THEREWITH........ CONTINUED..... Council Member Bohnenberger reiterated that he would be abstaining from this issue. Mr. Genovese proceeded to review the changes made by Bond Counsel in the resolution. BIB] 02-09-96-U01 11:27:43AM-U01 CCMIN-U02 11-U02 05-U02 1991-U02 City Council Minutes 13 November 5, 1991 RESOLUTION NO. 91-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA AUTHORIZING THE SALE, EXECUTION AND DELIVERY OF NOT MORE THAN $9,000,000 PRINCIPAL AMOUNT OF BONDS OF THE LA QUINTA FINANCING AUTHORITY AND APPROVING CERTAIN DOCUMENTS IN CONNECTION THEREWITH. It was moved by Council Members Rushworth/Sniff that Resolution No. 91-85 be adopted. Motion carried with Council Member Bohnenberger abstaining. Council recessed at this point to a meeting of the La Quinta Financing Authority. STUDY SESSION 5. DISCUSSION OF REGULATIONS RELATIVE TO BRIDGE CLIMBING. Andrew Lainis, advised that he is a rock climber and that this is an official sport and is an Olympic event. There are many local professionals who participate in this sport. He asked that there be a public hearing on this issue prior to proceeding with adoption of any regulations. He felt that the individuals using the bridge would be willing to sign waivers and pay for the City's additional insurance coverage. In response to Council Member Franklin, Mr. Kiedrowski advised that the use of the bridge on Washington St. has been suspended. Regarding the City's liability, Mrs. Honeywell advised that there is a liability to the City in knowingly allowing recreational use of the bridge, even if waivers were obtained. She felt that it should be posted that recreational use is prohibited. Council concurred on instructing staff to post for non-use and report back to the Council on the liability issues. PUBLIC HEARINGS 1. VACATION OF KAYLON STREET NORTH OF 52ND AVENUE AND 360' WEST OF THE ALL AMERICAN CANAL. APPLICANT: LANDMARK LAND CO. Mr. Herman advised that there has been a request by Landmark to vacate an undeveloped street north of 52nd Avenue, paralleling Jefferson on the east side of Jefferson. It is totally encompassed by Landmark's proposed Specific Plan 90- 016. The Planning Commission has recommended approval. BIB] 02-09-96-U01 11:27:43AM-U01 CCMIN-U02 11-U02 05-U02 1991-U02 City Council Minutes 14 November 5, 1991 PUBLIC HEARING OPEN PUBLIC HEARING CLOSED RESOLUTION NO. 91-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, VACATING KAYLON STREET, LOTS B?' AND C,' OF PARCEL MAP 14516 NORTH OF 52ND AVENUE, 1270 FEET EAST OF JEFFERSON STREET, 360 FEET WEST OF THE ALL AMERICAN CANAL AND SOUTH OF FUTURE 51ST AVENUE CASE NO. VAC 91-017 FAYLON STREET LANDMARK LAND CO. It was moved by Council Members Sniff/Franklin that Resolution No. 91-86 be adopted. Motion carried unanimously. 2. VACATION OF A PORTION OF 55TH AVENUE, PASEO DEL RANCHO, RANCHO LA QUINTA ROAD AND OTHER UNNAMED STREETS. APPLICANT: LANDMARK LAND CO. Mr. Herman advised that there has been a request by Landmark to vacate a portion of 55th Avenue, Rancho La Quinta Road and Paseo Del Rancho Road, which are located between Airport Boulevard, 55th Avenue and Madison. The Planning Commission has recommended approval. PUBLIC HEARING OPEN PUBLIC HEARING CLOSED RESOLUTION NO. 91-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, VACATING CERTAIN PORTIONS OF 55TH AVENUE, PASEO DEL RANCHO, RANCHO LA QUINTA ROAD, AND OTHER UNNAMED CITY STREETS CASE NO. VAC 90-016 LANDMARK LAND COMPANY. It was moved by Council Members Sniff/Rushworth that Resolution No. 91-87 be adopted. Motion carried unanimously. 3. REQUEST FOR DIMINISHMENT OF A LAND CONSERVATION CONTRACT ON A 160+ ACRE PORTION OF AGRICULTURAL PRESERVE *74 LOCATED AT THE NORTHEAST CORNER OF 58TH AVENUE AND MADISON STREET, IN CONJUNCTION WITH A DEVELOPMENT APPLICATION FOR SPECIFIC PLAN 90-017. APPLICANT: LANDMARK LAND CO. MOTION It was moved by Council Members Sniff /Bohnenberger that the matter of diminishment of a Land Conservation Contract for Landmark be continued to December 3, 1991. Motion carried unanimously. MINUTE ORDER NO. 91-177. BIB] 02-09-96-U01 11:27:43AM-U01 CCMIN-U02 11-U02 05-U02 1991-U02 City Council Minutes 15 November 5, 1991 4. TENTATIVE TRACT 26769 AMENDMENT TO CONDITIONS FOR A TRACT WHICH DIVIDES A 20-ACRE PORTION INTO 14 SINGLE FAMILY LOTS EACH LOT 1.25+ ACRES IN SIZE LOCATED WEST OF MONROE APPROXIMATELY 172 MILE SOUTH OF 54TH AVENUE. APPLICANT: QUALICO DEVELOPMENT. Mr. Herman advised that Qualico Development is requesting an amendment to Tentative Tract 26769 to amend Conditions #8 and #43. The modification to No. 43 would allow for construction of an eight-foot meandering bike path at this time rather than posting the required bond and waiting for development to occur on both sides of him due to the costs. Condition No. 8 deals with the CC&R's, in that all purchasers shall be notified that this is an equestrian-use area. The Planning Commission has recommended approval of modifications of the conditions. Pat Chasson, representing Qualico Developments, Inc. advised that to build the sidewalk now would cost about $1.50 per running foot and to bond and wait, it would cost about $2.50 per running foot. Plus, there will be a requirement to install temporary landscaping. He advised that he will be building the tracts on the two parcels to the south and will be required to install the same kind of facilities. Additionally, they would like to be able to have a completed facility when they start marketing the project. In response to Mayor Pena, Mr. Herman advised that with the General Plan Up-Date, the City will be looking at the circulation element and a portion of that includes equestrian trails and bike paths. That will hopefully be done by the middle of next year. As an alternative, he suggested that he be required to bond for it until the circulation element further defines what requirements are going to be put in that area. Council Member Bohnenberger had no problem with allowing him to construct the sidewalk rather than incurring the additional costs of temporary landscaping and bonding. Council Member Sniff concurred. PUBLIC HEARING OPEN Robert Kull, 54-721 Monroe, Thermal, advised that he owns the property to the immediate north of the property in question, and he has no intention of selling or developing, so the sidewalk will never connect to the north. He added that he's still waiting for zoning on his 10 acres, which will guarantee him that he can keep his horses. PUBLIC HEARING CLOSED BIB] 02-09-96-U01 11:27:43AM-U01 CCMIN-U02 11-U02 05-U02 1991-U02 City Council Minutes 16 November 5, 1991 Council Member Sniff asked if you can have an equestrian path and bike path side-by-side and Mr. Herman stated that it is a possibility. RESOLUTION NO. 91-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING FINDINGS CONFIRMING THE ENVIRONMENTAL ANALYSIS AND GRANTING APPROVAL OF CHANGES TO CONDITIONS OF APPROVAL FOR TENTATIVE TRACT 26769 CASE NO. TT 26769 QUALICO DEVELOPMENT CO. It was moved by Council Members Sniff/Rushworth that Resolution No. 91-88 be adopted in accordance with the Planning Commission's recommendations. Motion carried unanimously. 5. WEED ABATEMENTS/LOT CLEANINGS AND PLACEMENT OF COSTS ON 1992/93 TAX ROLLS: a. Hal Pembroke APN 617-383-004 $187.50 b. Karla Butts APN 773-175-004 $375.00 APN 773-175-005 C. Thomas & Suzanne Yaru APN 617-383-005 $?75.00 APN 617-383-006 d. Privilege Accept. Corp. APN 617-383-023 $187.50 e. James & Cynthia Thompson APN 773-084-002 $187.50 f. Richard & Janet Hasson APN 774-234-023 $IB7.50 g. Donald McLarry APN 774-232-018 $187.50 Mr. Hartung advised that Richard and Janet Hasson and has paid their assessment. Therefore, they have been removed from the resolution. PUBLIC HEARING OPEN PUBLIC HEARING CLOSED RESOLUTION NO. 91-89 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/Franklin that Resolution No. 91-89 be adopted. Motion carried with Council Member Rushworth abstaining. BIB] 02-09-96-U01 11:27:43AM-U01 CCMIN-U02 11-U02 05-U02 1991-U02 City Council Minutes 17 November 5, 1991 6. APPLICATIONS BY LANDMARK LAND CO.; PERTAINING TO PROPERTY BORDERED BY 55TH AVENUE ALIGNMENT ON THE NORTH, AIRPORT BOULEVARD ON THE SOUTH, MONROE STREET ON THE EAST AND MADISON STREET TO THE WEST: a. General Plan Amendment 90-029 from County Residential 3A and 3B and Agricultural to City Low Density Residential. b. Change of Zone 90-054 from R1-10,000 to R2. C. Specific Plan 90-015 for a Proposed Residential and Golf Course Community on 265 acres, Consisting of 1,060 Dwelling Units Along with Golf Course and Open Space Uses. MOTION It was moved by Council Members Sniff/Franklin that Landmark's applications for General Plan Amendment 90-029; Change of Zone 90-054; and Specific Plan 90-015 be continued to December 3, 1991. Motion carried unanimously. MINUTE ORDER NO. 91-178. 7. APPLICATIONS BY LANDMARK LAND CO. PERTAINING TO PROPERTY BORDERED BY 57TH AVENUE ALIGNMENT ON THE NORTH, 58TH AVENUE ON THE SOUTH, AND BISECTED BY MADISON STREET: a. General Plan Amendment 90-030 from County Planned Residential Reserve and Agriculture to City Low Density Residential. b. Change of Zone 90-055 from Rl-l0,000 to R2. c. Specific Plan 90-017 for a Proposed Residential and Golf Course Community on 220 Acres, Consisting of 880 Dwelling Units Along with Golf Course and Open Space Uses. MOTION It was moved by Council Members Sniff/Franklin that Landmark's applications for General Plan Amendment 90-030; Change of Zone 90-055; and Specific Plan 90-017 be continued to December 3, 1991. Motion carried unanimously. MINUTE ORDER NO. 91-179. PUBLIC COMMENT Rupert Yessayian addressed the Council on the matter of Bermuda Dunes and the importance of including that area in the City's Sphere of Influence and eventually annexing it. He advised that he has suggested in the past that the City promise to officially designate that area as Bermuda Dunes" so that the people won't lose their sense of identity. He felt that would be more palatable to them. BIB] 02-09-96-U01 11:27:43AM-U01 CCMIN-U02 11-U02 05-U02 1991-U02 City Council Minutes 18 November 5, 1991 Isabella vasquez addressed the Council expressing concern that the street in front of her business isn t closed off this year during the La Quinta Arts Festival. Mayor Pena advised that all City Departments will be notified. COUNCIL COMMENT' Council Member commented on how much he enjoyed Mayor Anna Konderlova?s visit and he hoped that the City and its' residents will do all they can to help her City. CLOSED SESSION a. Discussion of potential pending litigation pursuant to Government Code Section 54956.9(a) Pyramids Development Agreement Landmark Bankruptcy Proceedings Laguna De La Paz Default on Bonds Palmer Cablevision Request for Transfer of Ownership b. Discussion of on-going litigation pursuant to Government Code Section 54956.9(a) City of Indio Indio Case No. 62944 Fredericks FA CV91-317AHS Palm Springs Redevelopment Agency re: Canyon Park Project c. Discussion of personnel pursuant to Government Code Section 54957. d. Discussion of potential property acquisition pursuant to Government Code Section 54956.8 Issues Relating to C. V. Recreation and Park District and Potential Park Acquisition. Council reconvened to regular session with direction having been given in Closed Session to clarify that the City Clerk shall report to the City Council and that necessary revisions to the Municipal Code and job description be brought back to the Council for adoption. There being no further bu?iness, the meeting was adjourned. R?ectfully submit ted AUNDRA L JUHO A, City Clerk City of La Quinta, California BIB] 02-09-96-U01 11:27:43AM-U01 CCMIN-U02 11-U02 05-U02 1991-U02