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1988 12 20 CC Minutes! LA QUINTA CITY COUNCIL MINUTES December 20, 1986 Regular meeting of the La Quinta City Council was called to order at the hour of 7:30 P.M., Mayor Pena presiding, followed by the Pledge of Allegiance. PRESENT: Council Members Bohnenberger, Bosworth, Rushworth, Sniff, Mayor Pena ABSENT: None CONFIRMATION OF AGENDA Mr. Kiedrowski, City Manager, advised that the applicant, Tom Noble, has requested Public Hearing Item 2 be continued until January 17, 1989, and that Consent Item No. 3 be continued to January 3, 1989 because the final paper work has not been completed. Council Member Bohnenberger requested that Study Session Item No. 2 follow Public Hearings and Mr. Abels has requested to move Business Session Item No. 1 after Announcements because of his plane schedule. ANNOUNCEMENTS Mrs. Juhola, City Clerk, advised that the public is invited to the Holiday Open House hosted by the City on Thursday, December 22, 1988, from 4:00 p.m. to 7:00 p.m. BUSINESS ITEM NO. 1 1 PRESENTATION OF COACHELLA VALLEY RECREATION AND PARK DISTRICT'S MASTER PLAN BY BOARD MEMBER JACQUES ABELS. Mr. Jacques Abels introduced to the City Council the District Manager, Mrs. Lucy Swain. Mr. Abels presented the Coachella Valley Recreation and Park Master Plan. He mentioned that the facility usage at the Community Center within a year is 55,000 participants and highlighted future La Quinta recreation needs up to the year 2010. In answer to Council Member Bohnenberger, Mr. Abels advised that the Master Plan is basically a guide and will be subject to modifications if and when growth in the population develops within the City causing the need for a certain facility. He added that they're always willing to sit down and talk. If the City has the money to build a pool, then they'll be willing to operate it. BIB] 02-25-96-U01 12:42:46PM-U01 CCMIN-U02 12-U02 20-U02 1988-U02 ! City Council Minutes Page 2 December 2? 1986 BOND ISSUE PROCEEDINGS 1. ADOPTION OF RESOLUTION APPROVING THE ISSUANCE BY THE LA QUINTA REDEVELOPMENT AGENCY OF ITS LA QUINTA REDEVELOPMENT AGENCY TAX ALLOCATION BONDS, SERIES 1988 AND MAKING CERTAIN DETERMINATIONS RELATING THERETO. Mr. Kiedrowski advised the projects are for flood control facilities, curb and gutter, and street improvements in the south end of the cove. Construction is anticipated for this Spring with the upper three blocks. The funding issue for $8,000,000 will hopefully complete the work on the two upper sections with excess funds available for the second phase. The exact amount for the project will not be known until a call for bids in January. Mr. Kiedrowski also advised that the Water District will be placing in the water system. We will be instituting the assessment proceedings in January for the sewer and the natural gas. Mr. Fritz Stradling, Bond Counsel from Stradling, Yocca, Carlson & Rauth, Newport Beach, CA advised that this proceeding has been brought before the City Council because under the law the City Council must also approve the bonds to be issued by the Redevelopment Agency. He advised that there was an original bond issue in the amount of $20,000,000 and this one will be on a parity with the original issue. The underwriter, Painewebber, has submitted a proposal and bond purchase contract. This is a situation where the Agency will be selling the bonds to the Financing Authority. Mr. Fieldman?ldman, Financial Advisor from Fieldman, Rolapp, & Assoc., Irvine, CA advised that originally, the City was going to refund the $20,000,000 issue and take advantage of the lower interest rates, but the market moved away, thereby removing any savings from such a transaction. We have received a BAA1 rating on the 1989 Bonds of $8,000,000 from Moodys Investor Service which is an Investment Grade Rating. He advised that they settled on a price resulting in an average coupon rate of 7.92 on the $8,000,000 Bonds. Mr. Fieldman advised that the discount is 2 points. RESOLUTION NO. 88-136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE ISSUANCE BY THE LA QUINTA REDEVELOPMENT AGENCY OF ITS LA QUINTA REDEVELOPMENT PROJECT, TAX ALLOCATION BONDS, SERIES 1988 AND MAKING CERTAIN DETERMINATIONS RELATING THERETO. MOTION It was moved by Council Member Sniff, seconded by Council Member Bohnenberger to adopt Resolution No. 88-136. Motion carried unanimously. CITY COUNCIL ADJOURNED TO REDEVELOPMENT AGENCY MEETING AND FINANCING AUTHORITY MEETING. COUNCIL RECONVENED TO THE CITY COUNCIL MEETING. BIB] 02-25-96-U01 12:42:46PM-U01 CCMIN-U02 12-U02 20-U02 1988-U02 ! City Council Minutes Page 3 December20, 1988 PUBLIC HEARINGS 1. PUBLIC HEARING ON ZONING ORDINANCE AMENDMENT NO. 88-005 CITY-WIDE AMENDMENT TO TITLE 9 OF THE CITY CODE, TO INCLUDE ZONING REGULATIONS SPECIFICALLY DESIGNED FOR IMPLEMENTATION OF THE VILLAGE AT LA QUINTA SPECIFIC PLAN. Mr. Crump, Planning Director, suggested that Council concur with Environmental Assessment #88-094 and adopt an Ordinance amending Title 9 of the Municipal Code by inserting three new chapters and amending two existing chapters; Section 1 of the draft Ordinance Adoption of the Commercial village Zone which is the Master Zone of the Commercial land use portion of the Specific Plan Village at La Quinta; Section 2 The Residential Village Zone addressing residential areas around the commercial core; Section 3 Design Review will review elements, planning of structures, planning of sites of the Specific Plan. The exact standards for Design Review could be separated from the Ordinance by Resolution of the Council by Planning Commission recommendation; Section 4 Adjustments of Plot Plans and Design Review in certain zones; Section 5 Residential and Commercial development Plot Plans by design approval through Design Review process. Mayor Pena declared the public hearing OPEN. There being no one wishing to speak, the hearing was CLOSED. MOTION It was moved by Council Member Bohnenberger, seconded by Council Member Sniff to adopt Option E, Section 9.90 Commercial Village Zone, Park Sub-Zone, amending Section 9.90.072. Motion carried unanimously. MINUTE ORDER NO. 88-161. In answer to Council Member Bohnenberger, Mr. Crump advised the Design Review survey from other cities had shown some did not experience a problem in maintaining a quorum while others advised they had no problem after lowering the quorum requirements and increasing the number of members. MOTION It was moved by Council Member Bohnenberger, seconded by Council Member Sniff to Amend Section 9.183.04 Item F to read a quorum of the Design Review Board shall consist of the Planning Commissioner or Alternate plus three other members present. Motion carried unanimously. MINUTE ORDER NO. 88-162. MOTION It was moved by Council Member Bohnenberger, seconded by Council Member Sniff to adopt Option C amending Section 9.183 Design Review. Motion carried unanimously. MINUTE ORDER NO. 88-163. Council concurred on directing staff to submit a report within six months advising how the Design Review Committee is proceeding and if any problems exist. BIB] 02-25-96-U01 12:42:46PM-U01 CCMIN-U02 12-U02 20-U02 1988-U02 ! City Council Minutes Page 4 December20, 1988 MOTION It was moved by Council Member Bohnenberger, seconded by Council Member Sniff that Ordinance No. 133 be taken up by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 133 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE LA QUINTA MUNICIPAL CODE, TITLE 9, PLANNING AND ZONING BY INSERTING THREE NEW CHAPTERS, CHAPTER 9.90 CV COMMERCIAL VILLAGE) ZONE"; CHAPTER 9.50 RV RESIDENTIAL VILLAGE) ZONE"; AND CHAPTER 9.183 DESIGN REVIEW"; AND BY AMENDING TWO CHAPTERS: 9.180 PLOT PLANS" AND 9.182 RESIDENTIAL AND COMMERCIAL DEVELOPMENT PLOT PLANS" WITH THE INSERTION OF REFERENCES TO DESIGN REVIEW. MOTION It was moved by Council Member Sniff, seconded by Council Member Bohnenberger that Ordinance No. 133 be introduced on first reading. Motion carried by the following vote: AYES: Council Members Bohnenberger, Bosworth, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None 2. PUBLIC HEARING ON TENTATIVE TRACT NO. 23935 APPLICATION BY TOM NOBLE FOR SUBDIVISION OF 50+ ACRES LOCATED ON THE SOUTHWEST CORNER OF MILES AVENUE AND DUNE PALMS ROAD INTO 193 SINGLE FAMILY LOTS AND CONCURRENCE WITH ENVIRONMENTAL ASSESSMENT. Mr. Kiedrowski advised the applicant, Mr. Tom Noble, has requested continuance of this Public Hearing until January 17, 1989. MOTION It was moved by Council Member Bohnenberger, seconded by Council Member Bosworth to continue this hearing until January 17, 1989. Motion carried unanimously. MINUTE ORDER NO. 88-164. 3. PUBLIC HEARING ON ZONING ORDINANCE AMENDMENT NO. 88-006 CITY INITIATED AMENDMENT TO TITLE 9 OF THE LA QUINTA MUNICIPAL CODE, TO ADD NEW REGULATIONS ON MAXIMUM BUILDING PAD HEIGHT AND RAIN GUTTERS FOR RESIDENTIAL STRUCTURES. Mr. Kiedrowski advised based on previous discussions, the text deals with tightening the code on the pad heights and placing requirements of rain gutters in the code. Council Member Bohnenberger asked if the purpose is to assure that pads are not built any higher than absolutely required to comply with the Building Code and Flood Plain Regulations and Mr. Kiedrowski advised that is correct. Mayor Pena declared the public hearing OPEN. There being no one wishing to speak, the hearing was CLOSED. BIB] 02-25-96-U01 12:42:46PM-U01 CCMIN-U02 12-U02 20-U02 1988-U02 ! City Council Minutes Page 5 December 2? 1988 MOTION It was moved by Council Member Sniff, seconded by Council Member Bohnenberger to take up Ordinance No. 134 by title and number only and that further reading be waived. Motion carried unanimously. ORDINANCE NO. 134 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTERS 9.156 and 9.42 OF THE MUNICIPAL CODE ZONING ORDINANCE. CASE NO. ZOA 88-006) MOTION It was moved by Council Member Sniff, seconded by Council Member Rushworth that Ordinance No. 134 be introduced on first reading. Motion passed by the following vote. AYES: Council Members Bohnenberger, Bosworth, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None MOTION It was moved by Council Member Bohnenberger, seconded by Council Member Bosworth that Environmental Assessment No. 88-105 be confirmed. Motion carried unanimously. MINUTE ORDER NO. 88-165. STUDY SESSION 2. DISCUSSION OF CONVENTION AND VISITORS BUREAU: a. PROPOSED JOINT POWERS AGREEMENT. b. DISCUSSION OF MEMBERSHIP IN DESERT RESORT COMMUNITIES CONVENTION AND VISITORS BUREAU. c. DISCUSSION OF CITY'S OBLIGATION TO DRCCVB DEFICIT. Mr. Kiedrowski summarized Council's discussion during the Study Session of December 19, 1988, advising that Council seemed to concur with forwarding the Joint Powers Agreement to the City Attorney for his review regarding joining the new JPA; discussion of current membership in the Desert Resort Communities Convention and Visitors Bureau; and discussion of the City's obligation to contribute to the deficit of DRCCVB. Mr. Kiedrowski noted that letters have been received regarding support of it from Beef and Brew; Multi-Media Unlimited and The Huntsman. a. PROPOSED JOINT POWERS AGREEMENT. Council Member Sniff expressed support of the formation of a JPA with tourist promotion as its goal. MOTION It was moved by Council Member Sniff, seconded by Council Member Bosworth to approve in concept the formation of and intent to become a member of the JPA for tourist promotion Valley Wide as outlined in the proposal dated December 12, 1988. BIB] 02-25-96-U01 12:42:46PM-U01 CCMIN-U02 12-U02 20-U02 1988-U02 ! City Council Minutes Page 6 December 2Q 1988 Council Member Bohnenberger suggested a motion approving the agreement subject to the City Attorney's review and upon his approval of the document, authorize the City Manager to issue the City's share of $7,947.00 to carry through the fiscal year. Council Member Sniff concurred that the document should be reviewed by the City Attorney and then possibly at the next meeting take a second action to approve funding. MOTION CARRIED UNANIMOUSLY. MINUTE ORDER NO. 88-166. c. DISCUSSION OF CITY'S OBLI?ATION TO DRCCVB DEFICIT. RICHARD OLIPHANT, Mayor of the City of Indian Wells, expressed his appreciation that the City of La Quinta is taking action in the formation of a Valley-wide CVB. Mayor aliphant shared some history of DRCCVB, explaining the background of the financial problems which developed. If the cities do not pay their dues to help eliminate the deficit, he was afraid the Valley will have a black eye and be a detriment to the new JPA. He also expressed the importance of the City's obligation to give the amount the City budgeted in pointing out that the CVB funds were not mis-spent, but rather were spent over-spent) promoting the cities in the Coachella Valley. He urged that the City give the $35,000 they budgeted. He also reviewed pending claims and suits. COUNCIL MEMBER SNIFF expressed concern regarding the City's obligation, as he felt the $35,000 was never directed to the CVB in the motion he made and stated the City has not been a member for over a year and a half or paid dues If the City gave any public monies this could open La Quinta to further claims and possible legal problems. Therefore, he couldn't support any monies going toward this deficit. In answer to Council Member Bohnenberger, Mayor Oliphant advised that the settlement from some of the pending law suits is part of the deficit and will be paid from the balance of the funds received from the remaining cities. Mr. Barry Brandt, City Attorney, advised that the DRCCVB is a non-profit organization and the members of the corporation are not individually liable for any future or pending claims. COUNCIL MEMBER BOHNENBERGER also stated his concern and regret that CVB ended up in this financial position. He mentioned that Mr. Zimmerman requested $30,0000, however, the City budgeted only a $15,000 cap for CVB for that year which the City paid. This year, it was discussed to drop out entirely with $30,000 Set aside for the purpose of promotion but was not earmarked for DRCCVB. Councilman Bohnenberger felt however, because the City did not advise the Bureau that we were cancelling membership and with Mayor Pena continuing to serve on the Board to bring into effect the transfer over to JPA it gave an indication the City was still active members. Therefore, he felt that the City has a moral obligation for a portion of the BIB] 02-25-96-U01 12:42:46PM-U01 CCMIN-U02 12-U02 20-U02 1988-U02 ! City Council Minutes Page 7 December 2? 1988 outstanding debt. He could not authorize $35,000 because no money was set aside for DRCCVB but he was willing to fund $20,000 that was set aside for promotion to go towards the retirement of any claims against CVB and La Quinta and funds of $8,000 going towards the start of the JPA on February 1, 1989. MOTION It was moved by Council Member Bohnenberger, seconded by Council Member Rushworth to fund $20,000 as our contribution to toward the retirement of the debt and relinquishment of any future claims against the City. In answer to Council Member Sniff, Mr. Brandt advised that the DRCCVB would provide the release by accepting and depositing the check would in effect, be providing that release. Following discussion, the motion was amended to read as follows: TO FUND $20,000 IN RETURN FOR RELINQUISHMENT OF ANY EXISTING OR FUTURE CLAIMS AGAINST THE CITY." Council Member Bosworth believed that there is some obligation, but felt that $20,000 is more than adequate. Mr. Kiedrowski advised that when we were billed in September, it was for $18,410, which only one of several generations of numbers. He added that the other cities have made the following contributions according to his information: Palm Desert $150,000 Rancho Mirage 49,000 Indian Wells 50,000 Coachella 10,000 Cathedral City 10,000 Indio 9,000 Desert Hot Springs 3,000 Mayor Pena stated that he too, wished this had turned out differently. He felt that it is something that evolved, and that proper safeguards were not in place. He continued to take part on the Board trying to get the JPA established. The problems encountered were that of mismanagement and as soon as the Board discovered what was occurring, they took action to remove the problem. With the safeguards put into the JPA, this situation will not occur again. Council Member Sniff asked if once we indicate our involvement here, couldn't the creditors pursue us and Mr. Brandt advised that their contract was not with the City it was with the corporation, so he did not believe so without piercing the corporate veil. After further discussion, motion passed by the following vote: AYES: Council Members Bohnenberger, Bosworth, Rushworth, Mayor Pena BIB] 02-25-96-U01 12:42:46PM-U01 CCMIN-U02 12-U02 20-U02 1988-U02 ! City Council Minutes page 8 December20, 1988 NOES: Council Member Sniff ABSTAIN: None ABSENT: None MINUTE ORDER NO. 88-167. b. DISCUSSION OF MEMBERSHIP IN DESERT RESORT COMMUNITIES CONVENTION AND VISITORS BUREAU. MOTION It was moved by Council Member Sniff, seconded by Council Member Bohnenberger that in the event the City is a member in the DRCCVB that we withdraw our membership and in the event we are not members that we so state. Motion carried unanimously. MINUTE ORDER NO. 88-1?8. BUSINESS SESSION 2. STATUS REPORT ON PHASE I OF PROPOSED COVE ASSESSMENT DISTRICT. Mr. Kiedrowski advised that the boundaries of the proposed Assessment District are being altered to include those lots facing Avenida Bermudas. Bids are planned to be called for on January 3rd with a protest hearing February 14th with construction to begin in May 1989. No action was required. 3. CONSIDERATION OF PROPOSED CITY-WIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT AND AUTHORIZATION TO ENTER INTO AGREEMENT FOR SERVICES AS ENGINEER OF WORK. Mr. Kiedrowski advised that a we are processing many subdivisions with public streets and drainage retention basins with no homeowners associations to maintain them. In order to provide the mechanism to fund the maintenance, a City-wide Landscaping and Lighting Maintenance District is being proposed as opposed to each tract being an individual District, in order to avoid a proliferation of small districts and the accompanying accounting problems. There will be a benefit City-wide, pointing out that the entire length of Eisenhower from Washington to Tecate will have a landscaped median. The action before the Council at this time is to hire an Assessment Engineer who will lay out the kinds of improvements that could be made along with locations and costs. He recommended that he be authorized to enter into an agreement with BSI Consultants, Inc. for engineering services at a cost not to exceed $25,000 to be funded from the Contingency Fund. In response to Council Member Sniff, Mr. Genovese, Assistant City Manager, advised that the Contingency Fund currently has about $66,000. Mr. Kiedrowski noted that if this District is formed, that $25,000 will be charged to the Assessment District and the Contingency Fund will be reimbursed. BIB] 02-25-96-U01 12:42:46PM-U01 CCMIN-U02 12-U02 20-U02 1988-U02 ! City Council Minutes Page 9 December20, 1988 MOTION It was moved by Council Member Bohnenberger, seconded by Council Member Sniff that the City Manger be authorized to enter into an agreement with BSI Consultants, Inc. for engineering services at a cost not to exceed $25,000 to be funded from the Contingency Fund. Motion carried unanimously. MINUTE ORDER NO. 88-1?8. 4. CONSIDERATION OF APPOINTMENT OF CIVIC CENTER DESIGN COMMITTEE. Mr. Kiedrowski advised that the architects for the Civic Center, George Miers and Associates, have suggested a Design Committee" that would help them in their direct work with the City staff. Staff recommends that this Committee be made up of two members of the City Council, City Manager and Department Representatives selected by City Manager). He suggested that an Advisory Panel" could also be appointed, which would provide an option for public participation at a later date. Mr. Brandt, City Attorney, advised that under the Brown Act, an advisory committee which is appointed on a temporary basis by the Mayor and does not have a quorum of the City Council in attendance, it probably need not comply with the statutes. Council Member Sniff felt that it's important for the citizenry be informed of the meetings; notes kept of the meetings; and the public be given an opportunity for input. Mayor Pena agreed that the meetings should be posted. He felt that the Design Committee should be appointed prior to the Advisory Panel. MOTION It was moved by Council Member Sniff, seconded by Council Member Rushworth that a Civic Center Design Committee be established with Mayor Pena and Council Member Bosworth serving as the Council's representatives. Council Members Bohnenberger and Sniff commented on their desire to participate in this process. Mr. Brandt suggested that all five Council Members could be Committee Members, but a quorum would consists of two. Mr. Kiedrowski commented on the need to have some consistency in the design that can be achieved by having the same two people responsible throughout. MOTION CARRIED UNANIMOUSLY. MINUTE ORDER NO. 88-170 No action was taken on the citizen's advisory panel at this time. 5. CONSIDERATION OF ADOPTION OF RESOLUTION ENDORSING RIVERSIDE COUNTY' HAZARDOUS WASTE MANAGEMENT PLAN. BIB] 02-25-96-U01 12:42:46PM-U01 CCMIN-U02 12-U02 20-U02 1988-U02 ! City Council Minutes Page 10 December20, 1968 Mr. Kiedrowski presented the Council with a resolution endorsing Riverside County's Hazardous Waste Management Plan, noting that it has received the support of CVAG's Executive Committee and Technical Advisory Committee. RESOLUTION NO. 88-137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ENDORSING THE RIVERSIDE COUNTY HAZARDOUS WASTE MANAGEMENT PLAN. It was moved by Council Member Sniff, seconded by Council Member Rushworth that Resolution No. 88-137 be adopted. Motion carried unanimously. 6. CONSIDERATION OF MEMBERSHIP IN ICMA RESORT COMMUNITIES CONSORTIUM" AT AN ANNUAL FEE OF $1,500. Mr. Kiedrowski advised that the International City Manager's Association is forming a Resort Communities Consortium" to provide specialized services and products to address the special and unique needs of resort communities. Two other cities in the Valley Palm Desert and Rancho Mirage) have taken action to join the consortium. In response to Council Member Sniff, Mr. Kiedrowski believed that membership will be to the City's best interest it will provide networking between the City Managers in sharing problems and ideas. MOTION It was moved by Council Member Bohnenberger, seconded by Council Member Sniff that authorization be given to join ICMA's Resort Communities Consortium" at a fee of $1,500 annually. Motion carried unanimously. MINUTE ORDER NO. 88-171. 7. SECOND READING OF ORDINANCES. ORDINANCE NO. 132 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP FOR THE CITY, BY REZONING CERTAIN PROPERTY REFERRED TO IN CHANGE OF ZONE NO. 88-036 T & S DEVELOPMENT, INC. It was moved by Council Member Sniff, seconded by Council Member Bohnenberger that full reading of Ordinance No. 132 be waived and same adopted on second reading. Passed by the following vote: AYES: Council Members Bohnenberger, Bosworth, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None BIB] 02-25-96-U01 12:42:46PM-U01 CCMIN-U02 12-U02 20-U02 1988-U02 ! City Council Minutes Page 11 December20, 1988 CONSENT ITEMS 1 APPROVAL OF DEMAND REGISTER. 2. APPROVAL OF MINUTES OF DECEMBER 6, 1988. 3. APPROVAL OF FINAL TRACT MAP 23813 AND SUBDIVISION IMPROVEMENT AGREEMENT REMOVED FROM THE AGENDA). 4. AUTHORIZATION TO GRANT EASEMENT FOR A WATER LINE TO COACHELLA VALLEY WATER DISTRICT. 5. APPROVAL OF PLOT PLAN 88-403 APPLICATION BY BOULEVARD DEVELOPMENT FOR A MAINTENANCE FACILITY AT PALM ROYALE. 6. ADOPTION OF RESOLUTION SETTING THE DATE AND TIME OF THE JOINT PUBLIC HEARING WITH RESPECT TO THE REDEVELOPMENT PLAN AND THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE REDEVELOPMENT PROJECT AREA NO. 2. MOTION It was moved by Council Member Bohnenberger, seconded by Council Member Sniff that the Consent Calendar be approved as recommended with Item No. 1 and 6 being approved by Resolution Nos. 88-138 and 88-139 respectively and Item No. 3 having been removed. Motion passed by the following vote: AYES: Council Members Bohnenberger, Bosworth, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None MINUTE ORDER NO. 88-172. COUNCIL COMMENTS COUNCIL MEMBER SNIFF commented on the new agenda format stating that he believes that Council Comment and Public Comment should be returned to the beginning of the meeting as he didn't feel that citizens wishing to address the Council should have to wait until the end of the meeting to do so. At the retreat when this was decided, a comment about abuse was mentioned and he didn't feel that it has been abused. MAYOR PENA advised that one of the reasons for the modification, is because there have been some comments made by citizens that towards the end of the meeting they never had an opportunity to address an issue that came up throughout the meeting. This will give the citizens an opportunity to comment on any items the Council discussed throughout the meeting. Anyone can always make a request to speak at a particular time during the meeting. This is an experiment and if it doesn't work, it can be changed. BIB] 02-25-96-U01 12:42:46PM-U01 CCMIN-U02 12-U02 20-U02 1988-U02 ! City Council Minutes Page 12 December20, 1988 COUNCIL MEMBER BOHNENBERGER felt that while the Council had mixed feelings about the new format, they felt that it was worth giving a try for a couple of months. COUNCIL MEMBER RUSHWORTH stated that he has had some comment from the public that they would like to see Public Comment back at the beginning of the meeting. He agreed that there hasn't been any abuse, but also agreed that this meeting went smoothly and suggested trying it for a couple of months. COUNCIL MEMBER BOHNENBERGER commented on the initiation the new Council Members received this evening with the second largest fiscal action being taken with the bond issue; the development of the village At La Quinta; and the membership in the new JPA. This has been a significant meeting. PUBLIC COMMENT ANN YOUNG, 77-526 Nogales, commented on the new agenda format stating that she did not believe that having Public Comment at the end of the agenda is in the best interest of the public. Also, she didn't believe that Council Comment should be after Public Comment. JOHN BISHOFF, with Riverside County Planning Department, thanked the Council for their support and endorsement of Riverside County's Hazardous Waste Management Plan. RUPERT YESSIAN, 78-023 Calle Estado, commented on the new agenda format stating that he believes having Public Comment at the end of the meeting will discourage someone who might have valid points to make before a vote is taken. He suggested that the public should be able to comment at the beginning and end of the meeting. He additionally addressed the Council on the matter of the area north of La Quinta, to and beyond Interstate 10 is natural for our future expansion. Our corridor should be all of the land between Washington and Jefferson, all the way to the freeway and beyond. There is an attempt being made by the City of Indio to annex a portion of this land. The Council must move immediately to protect that property as there has already been an encroachment by Indio at the intersection of Jefferson and Highway 111. COUNCIL MEMBER BOHNENBERGER brought up the matter of the survey conducted through the City's newsletter regarding cable television service. At this time, Mayor Pena removed himself from discussion as he receives more than $250 annually from Palmer Cablevision. BIB] 02-25-96-U01 12:42:46PM-U01 CCMIN-U02 12-U02 20-U02 1988-U02 ! City Council Minutes Page 13 December20, 1988 Council Member Bohnenberger advised that as of yesterday, 144 responses have been received. The Advisory Committee is compiling statistics from the responses. He asked that a letter be written to the Manager of Palmer Cablevision and inform him of the number of responses and that we will be having a study session on the subject in the near future and that we invite and welcome his participation in that study session. Peter Zelles advised that copies of the responses are going to be made for the City Council and sent to Palmer Cablevision. Council Member Sniff concurred in the need to communicate with Palmer Cablevision on this survey and asked that the Council get a report in the interim from the City Attorney as to the Council's options. Mr. Kiedrowskj noted that he is setting up a traveling study session on January 4th for the Council to visit other Council Chambers in order to give our architects some direction. At 10:23 P.M., the meeting was adjourned to a Closed Session to discuss litigation La Quinta Dunes) property acquisition along Washington Street corridor an both sides) and personnel upon motion by Council Member Bohnenberger, seconded by Council Member Rushworth and carried. Council reconvened with no action being taken. ctf;l?ub SAUNDRA L. City Clerk City of La Quinta, California BIB] 02-25-96-U01 12:42:46PM-U01 CCMIN-U02 12-U02 20-U02 1988-U02