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1988 06 21 CC Minutes!& LA QUINTA CITY COUNCIL MINUTES JUNE 21, 1988 Regular meeting of the La Quinta City Council was called to order at the hour of 7:30 P.M., Mayor Hoyle presiding, followed by the Pledge of Allegiance. PRESENT: Council Members Bohnenberger, Cox, Pena, Sniff, Mayor Hoyle ABSENT: None CONFIRMATION OF AGENDA Council Member Cox suggested that Department Reports be moved to follow Consent Items and that No. 5 be moved to Item No. 2. PUBLIC COMMENT JACK ABELS, P.O. Box 1416, Board M?nber, C. V. Recreation and Park District advised that their master plan will be adopted tomorrow evening and playground equipment in the park will be completed this week. Council Member Bohnenberger asked for a listing of summer activities and asked that it be printed in the newsletter. MARION ELLSON, 80-082 Palm Circle Drive, La Quinta, addressed the Council in support of the request for funding submitted by the La Quinta Chamber of Commerce as they are providing a much needed service to the City. LOIS AGNEW, P.O. Box 777, La Quinta, Executive Director of the La Quinta Arts Foundation, addressed the Council in support of the request for funding submitted by the Arts Foundation. She advised that there are already 23 students signed up for the summer art programs. She commented that their events are heavily publicized nationwide thereby promoting the City of La Quinta. Their request is for 1/2 of 1% of the total budget. This will provide the City of La Quinta with one quarter million dollars of cultural activity. BIB] 02-23-96-U01 04:11:51PM-U01 CCMIN-U02 06-U02 21-U02 1988-U02 !&City Council Minutes Page 2 June 21, 1988 FRED RICE, 48-780 Eisenhower, La Quinta, questioned why the Mayor was not present at the breakfast given for Interior Secretary Don Hodel over the past week-end while he was in the Valley. Mayor Hoyle advised that he did not receive an invitation. Council Member Cox advised that she was invited as Chairman of CVAG and could not attend. She tried phoning the Mayor and couldnt reach him, so she phoned Mayor Pro Tern, John Pena who attended on her behalf. COMMENT BY COUNCIL MEMBERS PUBLIC HEARINGS 1. CONTINUED PUBLIC HEARING ON CHANGE OF ZONE 87-026 FROM R-1 TO R-3-5445 ON 32.27 ACRES LOCATED AT THE SOUTHWEST CORNER OF DUNE PALMS ROAD AND WESTWARD HO DRIVE APPLICANT, ANNA HASSELL. Mr. Brandt, City Attorney, advised that this matter was continued to this date pending a city-wide general plan study with regard to high density residential land uses. The Council has in their packets, from the Planning Department, a status of that study which indicates that some of the sub-parts have not been completed and some of the consultants have not finished their work. Staff anticipates a report back to the Council during August. If the report recommends no change, and the City Council adopts that recommendation, then the zone change can be adopted at that time. If it recommends a General Plan Amendment and the Council adopts that recommendation, then he would recommend continuing the hearing on Ordinance No. 113A pending completion of the study. Accordingly, his recommendation is that this matter be continued to the first meeting in September. In response to Mayor Hoyle, Mr. Brandt advised that if the Council wishes to open the hearing and take testimony, they may do so, but it is not legally required. Council concurred on opening the public hearing. The Mayor declared the public hearing OPEN. ANNA HASSELL, 24522 Jutewood Place, El Toro, reviewed some of this history of this matter and believed that the City has tried to circumvent its duty to the citizens who own property by changing the General Plan instead of serving by upholding the law in effect when the property was purchased. She noted that the BIB] 02-23-96-U01 04:11:51PM-U01 CCMIN-U02 06-U02 21-U02 1988-U02 !&City Council Minutes Page 3 June 21, 1988 Planning Commission voted 4-1 that the property be rezoned to the higher density. She questioned if she's being singled out. She urged that the Council conform this zoning to their previous approval as the law has justified them doing. DAVID ERWIN, 39-700 Bob Hope Drive, Rancho Mirage, Attorney representing the land owner, La Quinta Dunes noted that they have previously requested all staff reports with regards to this matter and have not received them. By his appearance, he does not waive any lack of notice. He was disappointed at where we are in this matter and hoped that a solution will be found in the near future. WALLY REYNOLDS, 79-860 Fiesta Drive, La Quinta, reminded the Council that the residents of Indian Springs Country Club submitted a petition with over 250 signatures opposing this zone change. Council Member Pena stated that he resented Ms. Hassells comments about the City circumventing the law. The City is in litigation to let the Courts make the determination. The Council does not lack integrity, they are listening to the citizens in that area. Ms. Hassell is not being singled out and did not believe this to be an illegal process. MOTION It was moved by Council Member Bohnenberger, seconded by Council Member Sniff that the public hearing on Change of Zone 87-026 be continued to September 6th. Motion carried unanimously. MINUTE ORDER NO. 88-87. 2. PUBLIC HEARING ON GENERAL PLAN AMENDMENT 87-017 FROM LOW DENSITY RESIDENTIAL TO TOURIST COMMERCIAL FOR UP TO 120 ACRES ON THE SOUTH SIDE OF AVENUE 48 HALF WAY BETWEEN WASHINGTON AND JEFFERSON FOR RESORT HOTEL USES APPLICATION BY DAVID LAMB HART. Mr. Crump, Planning Director, presented staff report advising that the proposed General Plan Amendment and related text reference relates to the area that the country club would be located in and would provide for up to 120 acres of Tourist Commercial to accommodate a hotel and related uses. This is not a specific allocation of 120 acres, but rather, up to 120 acres. In order to make use of this allocation, a Specific Plan would need to be submitted that would define the area and the uses to take place. The applicant has indicated that this amendment may place them in a more favorable financing position. The Planning Commission heard this matter on May 10th and recommends that the Council concur with the environmental analysis and approval of General Plan Amendment No. 87-017. BIB] 02-23-96-U01 04:11:51PM-U01 CCMIN-U02 06-U02 21-U02 1988-U02 !&City Council Minutes Page 4 June 21, 1988 The Mayor declared the public hearing OPEN. DAVID HOWERTON, 242 California Street, San Francisco, Applicant, advised that the proposed Amendment puts The Grove in an excellent position to move ahead. There has been a strong interest from hotel developers who want to build a destination golf resort in La Quinta. They have a high guality hotel they're working with that has submitted a letter of intent. In response to Council Member Sniff, Mr. Howerton advised that a hotel is a new idea, but is positive enough in that they do have a letter of intent from a well established, successful hotel group that they're ready to move forward with based on a favorable decision from the Council. It is a high end" hotel, a five star/four star, but did not know at this point, what size it would be. FRANK MURPHY, P.O. Box 817, Rancho Santa Fe, stated that he is involved in the ownership of the two parcels listed as 56 and 58 on the map, directly across, north of Avenue 48. He was in favor of anything that will get the area going provided that it is a responsible development. There being no one else wishing to speak, the hearing was CLOSED. Council Member Cox expressed appreciation for the Executive Summary" included in the staff's report. In answer to Council Member Pena, Mr. Crump advised that a Specific Plan Amendment and an amendment to the Development Agreement are still necessary actions by the City Council. RESOLUTION NO. 88-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT Na. 87-017: A REQUEST TO AMEND THE LA QUINTA GENERAL PLAN LAND USE MAP FROM LOW DENSITY RESIDENTIAL TO TOURIST COMMERCIAL, AND AMEND THE TEXT OF THE TOURIST COMMERCIAL LAND USE CATEGORY. It was moved by Council Member Bohnenberger, seconded by Council Member Pena that Resolution No. 88-83 be adopted as recommended. Council Member Sniff stated that he had mixed feelings relative to past history over the need for an Adams Street. He felt that it was vital and will prove to be a greater loss as years go by. He expressed tribute to the people who worked on the issue, but on the other hand, wishes to see the City proceed. BIB] 02-23-96-U01 04:11:51PM-U01 CCMIN-U02 06-U02 21-U02 1988-U02 !&City Council Minutes Page 5 June 21, 1988 Motion carried by the following vote; AYES: Council Members Bohnenberger, Cox, Pena, Sniff, Mayor Hoyle NOES: None ABSTAIN: None ABSENT: None 3. PUBLIC HEARING ON WEED ABATEMENTS/LOT CLEANING ASSESSMENTS FOR PLACEMENT ON 1988/89 PROPERTY TAX ROLL. a. Joyce Henderson, et al APN 773-225-006 $149.30 b. Dorothy B. Howell APN 773-242-021 $326.73 C. Dorothy B. Howell APN 773-242-022 $342.35 d. San Fernando Swap Meet Corp. APN 773-233-008 $370.13 e. Leo & Sylvia Harmatz APN 773-312-003 $350.63 Mr. Hirdler, Community Safety Director, advised that the lots defined hereinabove have been cleaned and the assessment for said cleaning is as stated. Notices of this hearing have been sent to the property owners and no written communications have been received. However, he has been advised that there has been a change of ownership on the Howell property. The current owner is Marilyn Blosser who was not notified as her name was not on the Riverside County Assessors Tax Rolls even though the property was purchased in April 1987. In answer to questions by Council, Mr. Hirdler advised that the notices of the abatement went to the Palm Desert address under the name of Howell, where Mrs. Blosser now lives. They were returned to the City address unknown". The lots were posted. Mrs. Blosser's son drove by the lots and noticed that they had been cleaned and that is how she found out. The Mayor declared the public hearing OPEN. MARILYN BLOSSER, 76-693 California, Palm Desert, advised that she has been receiving mail addressed to Mrs. Howell and has not opened any of it, instead has returned it to the Post Office. In response to Council Member Pena, Mr. Brandt, City Attorney, advised that there is a window'1 period in which a lien cannot be assessed following a purchase. He suggested that if the Council wishes to assess the amount that it be done subject to his review of the purchase date and that window period. In answer to Council, Mr. Hirdler advised that the work was done by City crews and not by contract. Council Member Pena had no objections to waiving the administrative fee. BIB] 02-23-96-U01 04:11:51PM-U01 CCMIN-U02 06-U02 21-U02 1988-U02 !&City Council Minutes Page 6 June 21, 1988 Council Member Bohnenberger suggested that these two lots be removed from the resolution and that staff discuss the matter with Mrs. Blosser to see what can be worked out to be brought back to the City Council, if necessary. RESOLUTION NO. 88-84 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 Bohnenberger, seconded by Council Member Cox that Resolution No. 88-84 be adopted removing the Howell Property, now owned by Mrs. Blosser. Motion carried unanimously. At this point, Council Member Bohnenberger expressed appreciation to all individuals who applied for Planning Commission and Community Services Commission appointments. BUSINESS SESSION 1. REPORT REGARDING REQUEST OF MONTERO ESTATES FOR NOISE BARRIER WALL. Mr. Kiedrowski, City Manager advised that City Staff has researched the files and cannot find a commitment to build a wall along Montero Estates. No technical data is available to demonstrate that the present or past noise levels emanating from Washington Street traffic warrant the installation of a noise barrier. It is the staffs opinion that the recent reconstruction of Washington Street in the vicinity of Montero Estates should have lowered noise levels. If the residents still contend that a noise barrier is warranted, it is recommended that they pursue the following courses of action: 1. Arrange for a noise level study at their own expense by a reputable acoustical engineering firm. 2. If the results of that study indicate that a noise barrier is warranted, form an assessment district to arrange for the design and construction of such a barrier; if the study shows that a barrier is not warranted, allow the matter to go dormant until such time that a significant event occurs which might affect noise levels. BIB] 02-23-96-U01 04:11:51PM-U01 CCMIN-U02 06-U02 21-U02 1988-U02 !&City Council Minutes Page 7 June 21, 1988 ROCCO BALSAMO, P.O. Box 344, La Quinta, resident of Montero Estates, understood Mr. Reynolds to say that a study had been done on traffic and noise. The reconstruction of Washington Street has increased the noise rather than decrease it. He expressed fear that this is going to cause people to move out. They want the wall as much for safety as for noise, as recently there was an accident where a car went through the oleanders another 10' it would gone through a home. Mr. Reynolds, Public Works Director, stated there was a noise survey done in connection with development of the General Plan which only sets up noise contour levels on a number of streets. In answer to Council Member Cox, Mr. Kiedrowski advised that he has been unable to contact Larry Stevens. Council Member Cox stated that he is probably the only one who will remember the history of this matter and where the documentation can be found and hoped that staff will continue to try to contact him. She did not recall a commitment for an eight foot wall, but does remember a study having been done. Mr. Balsamo stated that he disagreed with the staf f's recommendation and added that it is unsafe to try to make a left turn onto Washington Street because of the speed of traffic. Council Member Bohnenberger stated that he lives about 150' off of Washington Street also, so he's aware of the noise levels. This is a similar situation as La Quinta Golf Estates in which the City worked with the residents in the formation of an assessment district and asked if the people of Montero Estates would be willing to work with the City in some form of financing mechanism to build a wall or are they asking the City to absorb this entire costs? Mr. Balsamo could not answer without going back to the residents he felt that the City is responsible because of the safety factor alone. WAYNE GARDNER, 78-475 Calle Felipe, echoed Mr. Balsamo 5 statements the noise levels have increased, not decreased. They hear screaching tires all the time. He then read a letter from Jim and Beverly Montgomery who are residents of Montero Estates and were unable to be present, supporting the installation of a wall. In response to Council Member Pena, Mr. Gardner advised that residents for about two or three houses in along both Washington Street and Avenue 50 are affected by the noise. BIB] 02-23-96-U01 04:11:51PM-U01 CCMIN-U02 06-U02 21-U02 1988-U02 !&City Council minutes Page 8 June 21, 1988 DAVID ORME, 78-510 Singing Palms, advised that he lives two houses from Washington Street in the Highland Palms area and there is more traffic noise there than along Montero Estates. He believed that the biggest problem is excess speed traffic laws should be enforced and dropped to 35 or 40 miles per hour. RONDO KOZORKI 49-455 Montero advised that she lives next to the golf course and the noise is terrific. Council Member Sniff believed that we need to determine the magnitude of the problem, so we need to do a study to determine both safety and noise in order to determine the solution. Council Member Bohnenberger agreed that we should do a noise and safety study and would like to see us work with the Property Owners Association for a funding mechanism if warranted. He saw this as being almost identical to the Eisenhower problem and would like to see a similar working relationship with the residents of Montero Estates. Council Member Pena stated that noise has increased all over the City. He had no objection to the study, but felt that the cost of a wall will probably have to be borne by the residents with the City working with them. Mayor Hoyle stated that he lives on Eisenhower and echoes the sentiments expressed. In order to build a wall along their their development, it cost him, personally $6,000. He felt that the cost for Montero Estates would be a lot less, as they did a lot of street work at the same time. If the City bears the cost of a wall, then the requests around the City for the same consideration would be unending. MOTION It was moved by Council Member Sniff, seconded by Council Member Bohnenberger that the City move forward with a study which will address both safety and noise. Motion carried unanimously. MINUTE CRDER NO. 88-88. Council Member Cox hoped that this study will move forward without delay. 2. CONSIDERATION OF REQUEST BOULEVARD DEVELOPMENT/PALM ROYALE FORMERLY REFLECTIONS), SOUTHEAST CORNER OF WASHINGTON AND FRED WARING DRIVE FOR SPECIAL ADVERTISING DEVICES. Mr. Crump, Planning Director, advised that the applicant? Palm Royale has submitted a request for 44 development flags they currently have 32 flags as part of their grand opening. Staff has recommended the following. BIB] 02-23-96-U01 04:11:51PM-U01 CCMIN-U02 06-U02 21-U02 1988-U02 !&City Council Minutes Page 9 June 21, 1988 1. A maximum of 15 flags be permitted at the corner of Fred Waring and Washington behind the project wall, and on each side of the entrance from Fred Waring. 2. The flags must be removed on or before June 21, 1989. MOTION It was moved by Council Member Sniff, seconded by Council Member Bohnenberger that the request be approved Subject to the recommended conditions with the addition that the flags must be properly maintained. Mayor Hoyle stated that he had no problem with the number of flags, with the duration he suggested nine months. Motion carried with Council Member Cox Mayor Hoyle voting NC. MINUTE ORDER NO. 88-93. 3. CONSIDERATION OF APPOINTMENTS TO THE PLANNING COMMISSION: COMMUNITY SERVICES COMMISSION AND LIBRARY ADVISORY BOARD. Mrs. Juhola, Administrative Services Director, advised that there are two vacancies on the Planning Commission and four vacancies on the Community Services Commission of which one is an unexpired term with one year remaining. Also, Mrs. Mendoza's term on the Library Board is expiring June 30th. The applicants for Planning Commission are as follows: JACK CLARK, JR. CHRISTOPHER J. DESALVA JAMES GODWREY NANCY LONDON WILLIAM MARLIN CARL MEISTERLIN DAVID ORME SUE STEDING PETER ZELLES rs. Juhola noted that James Godfrey and William Marlin have withdrawn their applications. All applicants with the exception of Christopher Desalva were interviewed during the study session. The applicants for Community Services Commission are as follows: MARTIN BECK JACK HOFFMANN SYBIL JAFFY KAY LADNER WILLIAM MARLIN DR. JOHN MOLINA S. WILLIAM RETCHIN RICHARD RICK) THACKER PH?LIP SIMMONS BIB] 02-23-96-U01 04:11:51PM-U01 CCMIN-U02 06-U02 21-U02 1988-U02 !&City Council Minutes Page 10 June 21, 1988 Mrs. Juhola noted that William Marlin has withdrawn and Mr. Hoffman who was not able to attend the study session for interview is not present this evening for interviewing. All other applicants except for Sybil Jaffy fy who was out of town were interviewed during the study session. Regarding the Library Advisory Board, Mrs. Mendoza is interested in continuing to serve. The Council then interviewed Christopher Desalva. The Mayor advised that each Council Member will nominate 2) candidates by roll call. If any candidate is nominated by all five Council Members, they are automatically selected. Then the candidates with the most number of nominations will be voted on. Roll call was then taken as follows. Council Member Bohnenberger Clark DeSalva Council Member Cox steding Zelles Council Member Pena Steding Zelles Council Member Sniff Steding Zelles Mayor Hoyle Meisterlin Zelles Council then voted on Peter Zelles who received all five votes. Council then voted on Sue Steding who received all five votes. Sue Steding and Peter Zelles were re-appointed for 3-year terms ending June 30, 1991. Council expressed appreciation to the other applicants. Roll call for Community Services Commission proceeded for the three year terms. Council Member Bohnenberger Beck Ladner Molina Council Member Cox Ladner Molina Simmons BIB] 02-23-96-U01 04:11:51PM-U01 CCMIN-U02 06-U02 21-U02 1988-U02 !&City Council Minutes Page 11 June 21, 1988 Council Member Pena Beck Ladner Molina Council Member Sniff Beck Jaf fy Ladner Mayor Hoyle Beck Ladner Thacker Kay Ladner was automatically appointed with 5) nominations. Council voted on Mr. Beck who received all five votes. Council voted on Mr. Molina who received four votes with Council Member Sniff voting NO. Mr. Beck, Mrs. Ladner and Dr. Molina were appointed far three year terms to expire June 30, 1988. Roll call proceeded for the one year term: Council Member Bohnenberger Jaf fy Council Member Cox Jaffy fy Council Member Pena Jaffy fy Council Member Sniff Simmons Mayor Hoyle Thacker Council voted on Mrs. Jaffy fy who received three votes with Council Member Sniff and Mayor Hoyle voting NO. Mrs. Jaffy fy received a one year term to the Community Services Commission to expire on June 30, 1989. MOTION It was moved by Council Member Sniff, seconded by Council Member Pena that Mrs. Mendoza be re-appointed to the Library Advisory Board for two year term to expire June 30, 1990. Motion carried unanimously. MINUTE ORDER NO. 88-92. BIB] 02-23-96-U01 04:11:51PM-U01 CCMIN-U02 06-U02 21-U02 1988-U02 !&City Council Minutes Page 12 June 21, 1988 4. ADOPTION OF RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA CITY EMPLOYEES ASSOCIATION FOR FISCAL YEAR 1988/89. Mr. Kiedrowski, City Manager, advised that he has reached an agreement with the Employees Association for the period July 1, 1988 through June 30, 1989 and recommended that the attached resolution be adopted implementing the Memorandum of Understanding and additionally, approve the same salary and benefit changes for all other employees of the City who are not covered by the attached resolution. RESOLUTION NO. 88-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA CITY EMPLOYEES ASSOCIATION LACEA) COMMENCING ON JULY 1, 1988 AND TERMINATING ON JUNE 30, 1989. It was moved by Council Member Bohnenberger, seconded by Council Member COX that full reading of Resolution No. 88-86 be adopted and that the same salary increases and fringe benefits be implemented for all employees not covered in the resolution. Motion carried by the following vote: AYES: Council Members Bohnenberger, Cox, Pena, Sniff, Mayor Hoyle NOES: None ABSTAIN: None ABSENT: None 5. CONSIDERATION OF ADOPTION OF BUDGET FOR FISCAL YEAR BEGINNING JULY 1, 1988 AND ENDING JUNE 30, 1989. Mr. Kiedrowski, City Manager, advised that the Council has been presented a budget taking into consideration all of the comments made during recent budget discussions. There are two unresolved issues the funding requests of the Chamber of Commerce and the La Quinta Arts Foundation. Council Member Sniff asked if a decision needs to be made regarding a convention bureau and Mr. Kiedrowksi understood that the Council had placed $35,000 in the budget for that purpose, but staff will not be distributing it until Council decides what they want to do. Council Member Pena stated that he has a Board meeting for DRCCVB on Thursday hoped to bring back some information from that meeting. Mayor Hoyle questioned how the noise study for Montera Estates will be funded and Mr. Harvey advised that it can be funded from the Contingency Account. BIB] 02-23-96-U01 04:11:51PM-U01 CCMIN-U02 06-U02 21-U02 1988-U02 !& City Council Minutes Page 13 June 21, 1988 In answer to Council Member Sniff, Mr. Harvey advised that the current shortfall is $660,000. DISCUSSION OF CHAMBER OF COMMERCE JIM BROTHERTON, P.O. Box 1292, La Quinta, a member of the Board of the La Quinta Chamber of Commerce stated that the Chamber has been successful in bringing new businesses to the City and does a lot of liaison work with businesses. He then reviewed some of their activities, many of which assists in bringing new business to town. He asked the Council for careful consideration of the request of the Chamber. ROBIN GROAT, asked for Council's support of the budget the Chamber presented to the City. It may look extravagant, but she pointed out what the Chamber does for the City throughout the year relating some of their activities. Mr. Kiedrowski advised that letters of support have been received from the following: La Quinta Hotel; J. F. Davidson Assoc.; Pearl Knight, D.C.; Plaza La Quinta Hair Styling; Eisenhower Immediate Care Center; La Quinta Dental Service; Landmark Land Company; Chapman College; Anderson Travel Service; La Quinta Builders Supply; La Quinta Chicken & Fish Co.; Isabellas Floral Boutique; Beef and Brew; and Coral Ridge Properties and Bank of the Desert. President, Mark Moran and Executive Director, Virginia Greene were present to answer any questions. Council Member Pena commented that this is in effect, a contract with the City to perform a service and asked if staff has reviewed it with any directors or personnel from the Chamber. Mr. Kiedrowski stated that given the date it was received, staff has not reviewed it in detail. The Finance Director has requested certain information from the Chamber regarding current expenditures. In response to Council Member Pena, Mr. Moran briefly reviewed the proposed budget. Regarding the request for a full-time Administrative Assistant, he advised that they currently have one full time Executive Director who hires out of her contract, a part-time employee and the work load has exceeded their ability to handle the phone, walk-in traffic, and coordination of the Jazz Festival. This would not mean the elimination of the part-time employee. Discussion ensued regarding this employee being requested with Mr. Moran continuing to explain the need for additional staffing and in responding to the Council, advising that they cannot reduce their hours of operation without significantly impacting their ability to serve the City of La Quinta. This is not the time to signal to the community and business interests that they are in a decline this is not the time to retract. BIB] 02-23-96-U01 04:11:51PM-U01 CCMIN-U02 06-U02 21-U02 1988-U02 !&City Council Minutes Page 14 June 21, 1988 In response to Council Member Bohnenberger, regarding membership fees, Mrs. Greene advised that they are in line with other Chambers in the Valley. An increase in fees was considered by the Board, but they do not wish to discourage membership because theyre $50 more than another Chamber. Council Member Pena questioned the capital expenditure and Mr. Moran advised that it was for furniture and equipment for their new offices. Discussion continued regarding the request for an employee with a majority of the Council concurring that the City should be contracting for specific services and not employees. Mayor Hoyle believed that the City should hire the employee and place her/him at the Chamber of fice, which is the only way he could support the request. Mayor Hoyle also stated that he could support $10,000 for the Jazz Festival Promotion; $15,000 for marketing, Promotional Materials and Activities; and $10,000 for Support for Continued Activities which totals $35,000 plus an employee. In answer to Council Member Pena, Mr. Harvey advised that the cost of an employee at the City S lowest pay scale plus benefits would amount to about $20,000. Discussion ensued relative to how to handle the funding request in light of the fact that it was not received in time for in-depth analysis. Council concurred that a committee should be formed to analyze the request and report back at the next meeting. MOTION It was moved by Council Member Pena, seconded by Council Member Cox that a committee consisting of two Council Members, City Manager, and Finance Director and members of the Chamber to meet to discuss the request. Motion carried with Mayor Hoyle voting NO. MINUTE ORDER NO. 88-89. Council concurred on Mayor Hoyle and Council Member Cox to represent the Council and Mr. Moran suggested John Bund, Jim Brotherton, Virginia Greene and himself. For purposes of the forthcoming committee meeting, the Council concurred that the City should not fund an employee. DISCUSSION OF LA QUINTA ARTS FOUNDATION FUNDING REQUEST. MOTION It was moved by Council Member Bohnenberger seconded by Council Member Cox that a committee be farmed the same as for the Chamber of Commerce to discuss what the City will contract for. Motion carried unanimously. MINUTE ORDER NO. 88-90. BIB] 02-23-96-U01 04:11:51PM-U01 CCMIN-U02 06-U02 21-U02 1988-U02 !&City Council Minutes Page 15 June 21, 1988 Council appointed Council Member Bohnenberger and Council Member Pena to serve on the committee with the City Manager and Finance Director Mrs. Agnew advised that the Foundation will be represented by herself, President, Cheryl Ward; Treasurer, Mike Mendoza and Kaye Wolfe. Council concurred that these reports are to be returned to the Council in two weeks. MOTION It was moved by Council Member Pena, seconded by Council Member Cox that the budget be adopted excluding funding for the Chamber of Commerce and Arts Foundation. Mr. Kiedrowski advised that in the motion, staff will include all the items discussed during the last meeting. Another resolution can be adopted increasing the budget when negotiations are completed or the money can come from the Contingency Funds. Council then discussed holding off approval of the budget until these two issues are concluded. Council Member Sniff expressed concern over the shortfall and believed that the City cannot continue adopting budgets with shortfalls. He preferred delaying action until the budget is complete. Council Member Pena and Council Member Cox withdrew their motion. Mayor Hoyle referred to the Economic Development portion of the budget and did not wish to see it removed entirely, he suggested putting in $10,000 and that a specific City employee be assigned that function on a minimal basis. He was concerned that future Councils might never revive the program and having it in the budget, even symbolically, will keep it before the Council. Council Member Bohnenberger believed that both the Chamber and Arts Foundation, in effect, perform this service he questioned what could be accomplished with $10,000. Council Member Cox understood that this wasn?t an issue that was going to die, but was going to be looked at to see what the City actually needs and what kinds of funds will be needed. She agreed that $10,000 would not accomplish very much. Council Member Pena felt that the new Finance Director/Assistant City Manager could take on some of these functions. He also suggested that it could be placed in the Chambers budget as a separate line item. MOTICN It was moved by Council Member Sniff, seconded by Council Member Pena that the City continue operating at present 1987/88 levels. Motion carried unanimously. MINUTE ORDER NO. 88-91. BIB] 02-23-96-U01 04:11:51PM-U01 CCMIN-U02 06-U02 21-U02 1988-U02 !&City Council Minutes Page 16 June 21, 1988 6. ADOPTION OF RESOLUTION AUTHORIZING TERMINATION OF EXISTING LEASE AND EXECUTION OF NEW LEASE FOR JOINT-USE OF SPORTS COMPLEX. Mr. Kiedrowski, City Manager, presented the Council with a resolution authorizing termination of the existing lease with Desert Sands School District for joint use of the sports complex and authorizing execution of a new lease, which was prepared by Brown & Wood, Legal Counsel for the School District, which has been reviewed by the City's Bond Counsel. RESOLUTION NO. 88-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, APPROVING AN AMENDMENT TO THE DESERT SANDS LA QUINTA JOINT USE LEASE SPORTS COMPLEX) AND THE EXECUTION OF A NEW LEASE. It was moved by Council Member Bohnenberger, seconded by Council Member Cox that Resolution No. 88-87 be adopted. In response to Council Member Sniff, Mr. Brandt, City Attorney, advised that he has not reviewed the agreement because the City has already paid to have their Bond Counsel review it on the City?s behalf. A brief discussion ensued with no change to the motion being made. Motion carried with Mayor Hoyle voting NO. 7. AUTHORIZATION FOR LOT LINE ADJUSTMENT BETWEEN CITY OF LA QUINTA AND DESERT SANDS UNIFIED SCHOOL DISTRICT FOR SPORTS COMPLEX. Mr. Harvey advised that since the School is prohibited from building on property not owned by them, this arrangement was worked out whereby we would trade property of equal value. MOT?ON It was moved by Council Member Cox, seconded by Council Member Bohnenberger that the lot line adjustment be approved. Motion carried unanimously. MINUTE ORDER NO. 88-94. 8. REPORT ON SPEED ZONE SURVEY. Mr. Kiedrowski, City Manager, advised that if there are no problems with the speed survey as presented, then staff will present a resolution to the Council at the next meeting for adoption. There was no discussion. BIB] 02-23-96-U01 04:11:51PM-U01 CCMIN-U02 06-U02 21-U02 1988-U02 !&City Council Minutes Page 17 June 21, 1988 9. ADOPTION OF RESOLUTION CALLING A GENERAL MUNICIPAL ELECTION FOR NOVEMBER 8, 1988 FOR ELECTION OF MAYOR: 3) COUNCIL POSITIONS AND MEASURE TO INCREASE TRANSIENT OCCUPANCY TAX FROM 8% to 9%. Mrs. Juhola, City Clerk, advised that when the Council went to a directly elected Mayor, the City lost the staggering of the Council positions. The California Elections Code presents two alternatives in which to re-establish that staggering. The Council has been presented two resolutions one which would require an individual to file for either a four year term or a two year term; or the two candidates receiving the highest number of votes would receive the four year terms and the candidate receiving the third highest number of votes would receive the two year term. MOTION It was moved by Council Member Cox, seconded by Mayor Hoyle that Draft No. 1, which would require an individual to file for either a 4-year or 2-year term be adopted. Council Member Sniff did not agree with the motion, he preferred the alternative method as its neater, fairer and less complex. Motion failed to carry with Council Members Bohnenberger, Pena, Sniff and Mayor Hoyle voting NO. RESOLUTION NO. 88-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 1988, FOR THE ELECTION OF CERTAIN OFFICERS. It was moved by Council Member Sniff, seconded by Council Member Bohnenberger that Resolution No. 88-88 be adopted calling the General Municipal Election for November 8, 1988 and setting forth that the two candidates receiving the highest number of votes would receive a four year term and the candidate receiving the third highest number of votes would receive a two year term. Motion carried unanimously. Regarding the proposed increase in the Transient Occupancy Tax, Mrs. Juhola advised that the procedure is to adopt an ordinance amending the City Code first and second reading) then place the question of adoption of that ordinance on the ballot. ORDINANCE NO. 125 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 3, CHAPTER 3.24, SECTION 3.24.03C OF THE LA QUINTA MUNICIPAL CODE. MOTION It was moved by Council Member Sniff, seconded by Council Member Cox that the Council take up Ordinance No. 125. Motion carried unanimously. BIB] 02-23-96-U01 04:11:51PM-U01 CCMIN-U02 06-U02 21-U02 1988-U02 !&City Council Minutes Page 18 June 21, 1988 MOTION It was moved by Council Member Sniff, seconded by Council Member Pena that full reading of ordinance No. 125 be waived and same passed on first reading. In answer to Council Member Pena, Mrs. Juhola advised that the City of Indio is going to the ballot for an increase from 8% to 10% and Palm Desert is discussing going to 10%. She then reviewed the current Transient Occupancy Tax charged by other cities in the Valley. Motion carried by the following vote: AYES: Council Members Bohnenberger, Cox, Pena, Sniff, Mayor Hoyle NOES: None ABSTAIN: None ABSENT: None Mrs. Juhola recommended that the remaining items be carried over to the next meeting. 10. SECOND READING OF ORDINANCES: ORDINANCE NO. 122 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY, BY REZONING CERTAIN PROPERTY REFERRED TO IN CHANGE OF ZONE NO. 88-030. ORDINANCE NO. 123 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 12, CHAPTER 12.20, SECTION 12.20.010 LA QUINTA MUNICIPAL CODE. ORDINANCE NO. 124 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, AMENDING TITLE 6, CHAPTER 6.04, SECTION 6.04.130 AND 6.04.135 OF THE LA QUINTA MUNICIPAL CODE. MOTION It was moved by Council Member Bohnenberger, seconded by Council Member Cox that full reading of Ordinances 122, 123 and 124 be waived and same adopted on second reading. Passed by the following vote: AYES: Council Members Bohnenberger, Cox, Pena, Sniff, Mayor Hoyle NOES: None ABSENT: None ABSTAIN: None BIB] 02-23-96-U01 04:11:51PM-U01 CCMIN-U02 06-U02 21-U02 1988-U02 !&City Council Minutes Page 19 June 21, 1988 CONSENT CALENDAR 1. APPROVAL OF MINUTES OF JUNE 7, 1988. 2. APPROVAL OF' DEMAND REGISTER. 3. ADOPTION OF RESOLUTION OF' INTENT TO VACATE A PORTION OF EISENHOWER DRIVE. 4. APPROVAL OF AGREEMENT WITH PLAZA SHELL FOR TOWING SERVICES. 5. APPROVAL OF EXTENSION OF HOME ENHANCEMENT PROGRAM AGREEMENT WITH RIVERSIDE COUNTY HOUSING AUTHORITY. MOTION It was moved by Council Member Bohnenberger, seconded by Council Member Pena that Consent Items be approved as recommended with Item No. 2 being approved by RESOLUTION NO. 88-91 and Items 3 and 5 being approved by RESOLUTION NO. 88-89 and 88-90 respectively. MINUTE ORDER 88-95. COMMISSION/COMMITTEE REPORTS a. Planning Commission Minutes of May 24, 1988. Noted and filed. b. C. V. Recreation and Park District. No report. STUDY SESSION ITEMS Council concurred on carrying over the following study sesSion items: 4. Report on Lot Cleaning Procedures. 5. Discussion of Commercial Filming Permits. 6. Discussion of Hillside Development. At 11:20 P.M., it was moved by Council Member Pena, seconded by Council Member Cox that Council adjourn. Motion carried unanimously. Re?pectfully submitted, C., Y SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California BIB] 02-23-96-U01 04:11:51PM-U01 CCMIN-U02 06-U02 21-U02 1988-U02