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1991 01 15 CC Minutes LA QUINTA CITY COUNCIL MINUTES JANUARY 15, 1991 Regular meeting of the La Quinta City Council was called to order at the hour of 3:00 P.M., Mayor Pena presiding, followed by the Pledge of Allegiance. PRESENT: Council Members Bohnenberger, Franklin, Rushworth, Sniff, Mayor Pena ABSENT: None CONFIRMATION OF AGENDA Mr. Kiedrowski asked that status of the library grant be added to the agenda to be discussed in conjunction with Business Item No. 6; that public comment be added after Reports and Information Items?'; and advised that Business Session No. 4 will be continued following a short report. ANNOUNCEMENTS None WRITTEN COMMUNICATIONS a. Letter from Jane Myers regarding a horseback-biker-hiker trail system. Mr. Herman noted that there is a contract that is just about completed regarding a trail?bike-pedestrian system in the City, which will be finalized with the General Plan up-date. Council asked that the Planning Department write to Mrs. Myers and give her a status report. BUSINESS SESSION 1. TENTATIVE PARCEL MAP 26525 CHUCK STROTHER REPORT OF PLANNING COMMISSION ACTION APPROVAL TO SUBDIVIDE 4 ACRES INTO 3 SINGLE FAMILY LOTS LOCATED ON SOUTH SIDE OF 50TH AVENUE BETWEEN PARK AVENUE & JEFFERSON STREET IMMEDIATELY SOUTHEAST OF TENTATIVE TRACT 26524. Mr. Sawa advised that the Council asked that the Planning Commission reconsider the pad height limitations of 3 feet difference with the adjacent properties Condition #18). The adjacent developer to the south voiced concern with the proposed pad heights, but indicated that a maximum 10 feet difference would be acceptable. The Planning Commission decided to leave Condition #18 as was originally approved requiring that up to 10' be removed from the dune. He added that the maximum height, pursuant to the parcel map would be 63'. BIB] 02-08-96-U01 08:48:25AM-U01 CCMIN-U02 01-U02 15-U02 1991-U02 City Council Minutes 2 January 15, 1991 MOTION It was moved by Council Members Sniff/Bohnenberger to support the Planning Commission's recommendation and that a new Condition #18 be approved as follows the parcel map shall be graded as shown upon the approved parcel map exhibit subject to final approval by the City Engineer. Motion carried unanimously. MINUTE ORDER NO. 91-1. 2. CONSIDERATION OF COMPREHENSIVE HOUSING PROGRAMS FOR LA QUINTA REDEVELOPMENT PROJECT AREAS NO. 1 AND NO. 2. Mr. Frank Spevacek, Consultant with RSG, advised the Council that in the Spring of 1990, the Agency and Council authorized staff to move forward and develop a comprehensive program for the expenditure of the Agency's low and moderate income housing funds. He then reviewed staff's report explaining the reasons for preparing a comprehensive program. He advised that the Agency currently has over $970,000 available in the housing set-aside funds and it is projected that an additional $7,860,183 will accrue in Project Area #1 and $513,876 will accrue in Project Area #2 over the next five years total of $8,374,059). Community Redevelopment Law provides that agencies must develop a program setting forth how they will expend these funds when the accumulation exceeds $500,000. He then proceeded to review the proposed programs and estimated costs. He presented a resolution alQng with the comprehensive program for Council's consideration and adoption. In response to questions by Council, staff advised that the programs can be put in place anywhere in the City locations and exact programs have not yet been defined, adding that the program can be modified by the Council at any time. Council Member Rushworth noted that he serves on the Coachella valley Housing Coalition Board, which is mentioned as one of the self-help housing programs" and asked if there would a conflict of interest. He added that there is no monetary remuneration. Ms. Honeywell, City Attorney advised that there would be no conflict of interest. In further response, Mr. Kiedrowski advised that RSG will administer the program under his direction. Regarding administration costs, the law provides that the Agency can set forth a reasonable administrative cost. If this program is approved, we are not locked into any of the groups listed in the report. BIB] 02-08-96-U01 08:48:25AM-U01 CCMIN-U02 01-U02 15-U02 1991-U02 City Council Minutes 3 January 15, 1991 RESOLUTION NO. 91-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA APPROVING THE COMPREHENSIVE LOW AND MODERATE INCOME HOUSING PROGRAMS FOR REDEVELOPMENT PROJECTS NO. 1 AND NO. 2. It was moved by Council Members Sniff/Rushworth that Resolution No. 91-1 be adopted. Motion carried unanimously. 3. CONSIDERATION OF REQUEST OF LIVING DESERT RESERVE FOR SPONSORSHIP. Mayor Pena noted that a representative from the Living Desert Reserve made a presentation at the last study session requesting the City to purchase a sponsorship. Council Member Sniff applauded the Living Desert Reserve for what they're doing, but questioned whether or not the City would receive $1,000 value from this sponsorship. There is some symbolism from it, but assumed that it would be an annually contribution. He noted that they did make an offer to place our plaque with other civic plaques. Council Member Rushworth felt that we should be looking at what the $1,000 per year does for the Living Desert Reserve rather than what the plaque does for the City. Council Member Franklin's Only concern was whether or not this is going to open up the City for requests from everyone else in the Valley, even though she believed that it would be $1,000 well spent. Mayor Pena commented that is always a concern, but our local schools take regular field trips to the reserve and noted that it is a year-to-year review. He suggested that if approved, that a letter be submitted, stating that we would like our plaque in an area with other City plaques rather than being placed amid corporate plaques. MOTION It was moved by Council Members Sniff/Bohnenberger that the City of La Quinta become a sponsor of the Living Desert Reserve and that we authorize the expenditure of $1,000 from Contingency Funds, and further that we request that our plaque be placed on a pylon that is exclusive to other municipalities. Motion carried unanimously. MINUTE ORDER NO. 91-2. BIB] 02-08-96-U01 08:48:25AM-U01 CCMIN-U02 01-U02 15-U02 1991-U02 City Council Minutes 4 January 15, 1991 4 CONSIDERATION OF APPROVAL OF AGREEMENT WITH YMCA OF THE DESERT FOR LEASE OF THE CHILD CARE CENTER. Mr. Kiedrowski advised that after long consideration, we're going to amend the agreement with the YMCA. We believe that it's in our best interest and theirs that the City build the structure directly. We plan on putting the plans out to bid within the next couple of weeks and have the bids back in about a month. The agreement will then be a use agreement for the building. Therefore, he asked that this matter be carried over. MOTION It was moved by Council Members Sniff/Franklin that this matter be continued to the February 5, 1991 meeting. Motion carried unanimously. MINUTE ORDER NO. 91-3. 5. A. DISCUSSION OF CONCEPT OF MINI-PARKS IN THE COVE. PARTICULARLY ALONG THE EAST SIDE OF AVENIDA BERMUDAS AND TECATE. B. REPORT OF COVE MINI-PARK ON EISENHOWER AND CALLE COLIMA. Mr. Kiedrowski advised that at the last meeting, the Council received a proposal from the Rotary Club to place a park at the upper part of the Cove. At that time, some citizens objected to that proposal and the Rotary Club has reconsidered their offer, as it isn't their intent to aggravate any neighborhood. He stated that he would like for the Council to have a discussion on the advisability of continuing the concept of mini-parks. He presented the Council with a report from Public Works regarding vandalism at the present mini-park and a report from the Sheriff's Department regarding activity they've recorded at the mini-park. He noted that we currently have two contracts out for bid to design a significant bikepath about three miles long and that concept includes the idea of building several mini-parks along the path. In response to Council Member Rushworth, Council Member Franklin advised that the vandalism totals over $2,000 during the 12-year period. SARA dNA, a neighborhood resident in the area of the proposed Rotary Park addressed the Council stating that she strongly objects to a park being placed in that location, believing that it would attract transients and the criminal element. She then related the number of times her home has been burglarized. She felt that the time and money should be put into developing the Fritz Burns Park. BIB] 02-08-96-U01 08:48:25AM-U01 CCMIN-U02 01-U02 15-U02 1991-U02 City Council Minutes 5 January 15, 1991 DIANE COCHRAN, advised that she lives on Tecate next to Mrs. Cina and commented on the amount of traffic in that area and felt that a park in this area would be dangerous. She strongly opposed it, although she was not opposed to the concept of mini-parks in the Cove, but in the right location. Council Member Sniff sympathized with these people and suggested that we not place any parks south of Tecate that we concentrate on the west side where there's more room. He suggested that we place some landscaped islands along Tecate that would not be parks, i.e. landscaping with palm tree clusters. He stated that he has been a champion of mini-parks when the issue first surfaced in 1985 and he has not changed, but felt that location is important and we should accommodate the concerns of the residents. He felt that perhaps Rotary would like to sponsor one the parks along the bikepath. Mayor Pena stated that he never favored the concept of mini- parks, but was willing to build one to see how it would work. They seem to be generally useful during the day when children and parents are using them, but they turn into other uses at night. He did support some mini-parks that are more like rest-stations along the bikepath. Council Member ohnenberger didn't wish to write of f the possibility of having other types of park facilities south of Tecate. He believed that is one of the most beautiful areas we have in the City and wished to be able to put in some facilities as a gate-way to the open space. It could have trail-head features and other types of uses. Council Member Sniff stated that his intent was not to have a mini-park immediately adjacent to Tecate. He wished to see the City go forward with additional mini-parks strategically located and accessible to various parts in the Cove community. He didn't think they have to be identical to the existing one perhaps the others could be somewhat smaller and lend themselves particularly to toddlers and be locked up after five o'clock. Council Member Bohnenberger wished to see us concentrate on the three or four parks along the bikepath before we start any new ones. Council Member Rushworth didn't think we could ever find a place where the neighborhood is going to want it. He didn?t approve of the idea of locking up a playground, as it loses the concept of a park and the freedom of being in it. Along the bikepath, he felt that areas should be limited to rest- stop' type features rather than parks. He didn?t think we should put a lot of money into looking to have a lot of mini- parks in the Cove. BIB] 02-08-96-U01 08:48:25AM-U01 CCMIN-U02 01-U02 15-U02 1991-U02 City Council Minutes 6 January 15, 1991 Discussion concluded with no action being taken. AT THIS TINE THE ORDER OF THE AGENDA WAS CHANGED 7. APPOINTMENT OF REPRESENTATIVE TO THE GOVERNING BOARD OF THE COACHELLA VALLEY MOUNTAINS CONSERVANCY. Mayor Pena asked for volunteers to serve on the Conservancy. MO?ION It was moved by Council Members Rushworth/ Bohnenberger to appoint Council Member Franklin to the Coachella Valley Mountains Conservancy with Council Member Bohnenberger serving as the alternate. In response to Council Member Sniff, Council Member Franklin advised that she is not for any development on the hillsides. Motion carried unanimously. MINUTE ORDER NO. 91-4. a. CONSIDERATION OF POLICY GUIDELINES FOR USE OF PUBLIC FINANCING FOR THE PROVISION OF PUBLIC FACILITIES MELLO ROOS) IN PROPOSED DEVELOPMENT PROJECTS. Mr. Genovese presented staff report advising that we have a number of Community Facilities Districts being started, most notably, the one for TDC on Highway 111 and possibly another one called Vista Santa Rosa. The proposed policies are intended to establish guidelines for implementation of public financing for proposed CFD?s. The guidelines are similar to those used by Riverside County and a number of other agencies. It also establishes an administration fee to recover staff time in formulating the projects. The fee is being proposed at $1?,O00 for any project. Mr. Kiedrowski responded to questions by Council and advised that if we find that the $15,000 is not enough we can consider modification to that fee. He noted that an annual administration fee will be included. With regard to TDC, they have already posted with the City $75,000 for consultant fees. The difference is, the $15,000 is non-refundable, whereas, any excess consultant fees are refundable. In response to Council Member Sniff, Ms. Honeywell advised that there are no legal risks all the Council is doing is adopting guidelines and establishing a fee. BIB] 02-08-96-U01 08:48:25AM-U01 CCMIN-U02 01-U02 15-U02 1991-U02 City Council Minutes 7 January 15, 1991 MOTION It was moved by Council Members Bohnenberger/ Rushworth that the policy guidelines for use of public financing for provision of public facilities in proposed development projects be approved. Motion carried unanimously. MINUTE ORDER NO. 91-5. RESOLUTION NO. 91-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ESTABLISHING AN ADMINISTRATIVE FEE FOR THE CREATION OF A COMMUNITY FACILITIES DISTRICT. It was moved by Council Members Bohnenberger/Rushworth that Resolution No. 91-2 be adopted. Motion carried unanimously. AT THIS TIME, THE CITY COUNCIL MEETING WAS RECESSED AND THE MEETING OF THE REDEVELOPMENT AGENCY WAS CALLED TO ORDER. SEE REDEVELOPMENT AGENCY MINUTES OF JANUARY 15, 1991). 9. CONSIDERATION OF OWNER PARTICIPATION AGREEMENT WITH LA QUINTA REAL ESTATE PARTNERSHIP. Mr. Kiedrowski presented the proposal between La Quinta Real Estate Partnership and the City of La Quinta to development the property along Highway 111 at the Point Happy rock. The Owner Participation Agreement is conditioned upon the property owner building a restaurant. And the RDA conditions itself at certain trigger dates to align the channel to protect this property from flooding. This document was developed through considerable discussions by various parties, and an analysis of the proforma. The arriving at the need for this investment was completed by Frank Spevacek and Mr. Williams of Rosenow, Spevacek Group, Inc. Mr. Kiedrowski added if flood control work costs less than the $250,000 documented in the agreement, we pay for only the flood control improvements, we will not pay for additional improvements. Council Member Bohnenberger commented that the Agreement calls for twice monthly billing and that most contractors are paid on a monthly cycle and would feel more comfortable if they were limited to billing by the 30th of the month. Mr. Kiedrowski stated that what has been suggested is if the property owner submits invoices at one of the dates, it would fall into the next Council meeting for possible approval. It is not suggested that the property owner submit billings twice monthly. BIB] 02-08-96-U01 08:48:25AM-U01 CCMIN-U02 01-U02 15-U02 1991-U02 City Council Minutes B January 15, 1991 Council Member Bohnenberger pointed Out Page 11, last sentence of Section 303, Notwithstanding the foregoing, a ten percent 10%) retention shall be maintained until improvements are completed to the satisfaction of the City Engineer', he would like the Coachella Valley Water District added. Mr. Kiedrowski advised that this could be amended. Council Member Bohnenberger advised that on Page 17, Section 303, in the sentence inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; it should be added other than the participant himself". Lastly, Council Member Bohnenberger added that on attachment No. 2, Phase TWO Improvements, b) should be changed to read the fourth 4th) anniversary. Council Member Sniff questioned how it was determined that the owners could not make the improvements themselves and why $250,000 is such an obstacle. MR. FRANK SPEVACEK, advised that it was based on their proforma and development costs as well as projected revenue from the site. Mr. Kiedrowski added that the north of Highway 111 from Point Happy to Adams is obviously burdened by some kind of problems or it would have been developed by the private sector long ago. It is believed that the burden is a lack of flood protection. The City believes that $250,000 is more than adequate, but we will only pay for what it actually costs. Council Member Bohnenberger advised that in his sixteen years in the Valley he has seen a minimum of three proposals for this piece of land. The channel improvements have always been the problem, but feels this proposal is the best one yet. In response to Council Member Franklin, Mr. Spevacek advised that the City would get a full return on their investment in 5 to 8 years. This would include a combination of minimal sales tax generated from the revenue of the restaurant and taxes generated from the property tax. In answer to Council Member Sniff's earlier question, Mr. Spevacek advised that the total development cost is $4,911,000. BIB] 02-08-96-U01 08:48:25AM-U01 CCMIN-U02 01-U02 15-U02 1991-U02 City Council Minutes 9 January 15, 1991 In response to Council Member Sniff, Council Member Bohnenberger advised that there are legal requirements for lining the channel. There is a legal nexus between the development adjacent to the channel and the lining of the Channel. Mrs. Honeywell stated that it?s analogous to require them to build a street if it happens to be adjacent to the property being developed. It could be challenged, depending on whether there is sufficient requirements, but the presumption is if you development the property you are in effect creating additional impacts that add to the need for the public improvement. There is statutory authority to require Offsite development improvements as requirements to subdivision tract maps. Council Member Sniff questioned if the developer would come back to the City for additional help. As an example; for installation of water or sewer lines. Mr. Kiedrowski advised that the City could not stop them from requesting, but it has been discussed with them and they have submitted documentation to the City verifying they can build the project putting in the other required improvements at their expense. Council Member Sniff stated that this can and will set a precedent for other property owners. The City will have to look to providing assistance for other developments fronting the channel. Mr. Spevacek stated that this is correct. Council Member Sniff stated that the City is starting something that will be difficult not to continue. Mr. Spevacek advised that this was started when the City adopted the plan for Project Area No. 2. This was one of the primary reasons stated in the Plan and supporting documentation when creating the Agency. In response to Council Member Franklin, Mr. Spevacek advised that if the City requests reimbursement from the Coachella valley Water District, the funds will come back to the Agency. Council Member Sniff questioned if the City will have a continuing responsibility in the event that the facilities constructed, fail. BIB] 02-08-96-U01 08:48:25AM-U01 CCMIN-U02 01-U02 15-U02 1991-U02 City Council Minutes January 15, 1991 Mr. Kiedrowskj advised that once built, the City will ask the Coachella Valley Water District to take over maintenance. In the past the District has done so. RESOLUTION NO. 91-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA APPROVING AN OWNER PARTICIPATION AGREEKINT BY AND BETEFEN THE LA QUINTA REDEVELOPMRNT AGENCY AND LA QUINTA REAL ESTATE PARTNERSHIP; DETERMINING THAT THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVEKTS AmJACENT To THE SITE IS OF BENEFIT TO REDEVELOPMNNT PROJECT NO. 2 AND THE IMMEDIATE NEIGHBORHOOD IN WHICH THE PROJECT IS LOCATED; DETERMINING THAT THERE ARE NO OTHER REASONABLE MEANS OF FINANCING SAID IMPROVEENTS, AND AUTHORIZING THE EXECUTION AND DELIVERY OF SAID OENER PARTICIPATION AGRRE??NT. MDTION: It was moved by Council Members Bohnenberger/ Sniff that Resolution No. 91-1 be adopted approving the agreement as modified. Motion carried by the following vote: AYES: Council Members Bohnenberger, Franklin, Rushworth Sniff Mayor Pena NOES: None ABSENT: None ABSTAIN: None 10. ADOPTION OF RESOLUTION APPROVING LOCAL REVIEW AND APPROVAL PROCESS OF SOLID WASTE TRANSFER AND RECYCLING FACILITIES LOCATED IN RIVERSIDE COUNTY. Fred Baker, Principal Planner, presented Council with Staff report and Resolutions that will provide the Council with an opportunity to approve or disapprove material recovery facilities that are designed to recover, reuse, or recycle less than 15% of the total volume recovered. He added that any disapproval would have to be based upon a finding of significant adverse, economic or environmental impacts. Mr. Baker advised that the purpose of the Resolutions are to provide a decision making process in lieu of the current County Waste Management Plan which ceased to exist January 1, 1991 and the final adoption of the Integrated Waste Plan, which will be adopted by the City and County by 1995. This is an interim agreement. BIB] 02-08-96-U01 08:48:25AM-U01 CCMIN-U02 01-U02 15-U02 1991-U02 City Council Minutes 11 January 15, 1991 In response to Council Member Bohnenberger, Mr. Baker advised that the Resolutions in Staff Report differ as one is for facilities that serve more then one jurisdiction and the other is for facilities that serve only one jurisdiction. RESOLUTION NO. 91-4 RESOLUTION OF THE CITY OF LA QUINTA APPROVING ThE SUBMITTAL OF SOLID WASTE TRANSFER FACILITIES WHICH ARE DESIGNED TO RECOVER FOR REUSE OR RECYCLING LESS THAN 15 PERCENT OF THE TOTAL VOLUME OF MATERIAL RECEIVED BY THE FACILITY AND SERVES ONLY ONE JURISDICTION TO THE COUNTY AND EACH CITY WITHIN THE COUNTY FOR REVIEW AND *?APPROVAL". MOTION: It was moved by Council Members Bohnenberger/ Sniff to adopt Resolution No. 91-4. Motion carried by the following vote: AYES: Council Member Bohnenberger, Franklin, Rushworth, Sniff and Mayor Pena NOES. None ABSENT: None ABSTAIN: None RESOLUTION NO. 91-5 RESOLUTION OF THE CITY OF LA QUINTA APPROVING THE SUBMITTAL OF SOLID WASTE TRANSFER FACILITIES WHICH ARE DESIGNED TO RECOVER FOR REUSE OR RECYCLING LESS THAN 15 PERCENT OF THE TOTAL VOLUME OF MATERIAL RECEIVED BY THE FACILITY AND SERVES MORE THAN ONE JURISDICTION TO THE COUNTY AND EACH CITY WITHIN THE COUNTY FOR REVIEW AND *?APPROVAL'?. MOTION: It was moved by Council Members Bohnenberger/ Sniff to adopt Resolution No. 91-5. Motion carried by the following vote: AYES: Council Members Bohnenberger, Franklin, Rushworth Sniff and Mayor Pena. NOES: None ABSENT: None ABSTAIN: None 11. CONSIDERATION OF PARTICIPATION OF $30,000 FOR CVAG CONSULTANT TO WORK WITH LOCAL COMMUNITIES ON SOURCE REDUCTION AND RECYCLING ELEMENTS AB939). BIB] 02-08-96-U01 08:48:25AM-U01 CCMIN-U02 01-U02 15-U02 1991-U02 City Council Minutes 12 January 15, 1991 Mr. Kiedrowski advised that this has been before CVAG for a considerable time. The staff prepared the documents with CVAG?s approval. At the last meeting of CVAG it was asked that each City contribute $30,000. Mr. Baker advised that this will gain us State compliance with the Source Reduction Recycling Element and save the City money by working with all the Communities in the Valley on this State mandated element as opposed to the City hiring a consultant to do the same Study. In response to Council Member Sniff, Mr. Kiedrowski advised that the cost is based On a portion of the population, a portion of the assessed valuation and a portion by the number of participants. He added that Palm Springs has completed their work and initiated their process and are not participating in this study. The County is also doing their own study. Council Member Bohnenberger advised that the League has sponsored a Bill that Assemblyman Sher has agreed to author that would give us a six month extension in the requirements. In addition the City should write a letter of support to our Assemblyman and Senators asking them to support the Shear bill granting us that time extension. Mr. Kiedrowski advised that Staff will draft said letter for the Mayor?s signature. MOTION: It was so moved by Council Member Bohnenberger/ Rushworth approve Participation of $30,000.00 for CVAG Consultant to Work with Local Communities on Source Reduction and Recycling Elements AB939) and transfer $30,000.00 from General Fund Contingency Account to the Legislative CVAG Account. Motion carried unanimously.MINUTE ORDER NO. 91-6. 12. CONSIDERATION OF APPROVAL OF AMENDMENT TO SUNLINE JOINT POWERS AGREEMENT REGARDING TAXICAB REGULATIONS. Mr. Kiedrowski advised Council the Resolution presented was drafted by the City Attorney in relation to Sunline?s Taxicab Regulations. It is requested that Council adopt this Resolution to allow the Sunline Board as a group to deal with Taxicab Regulations in the Coachella Valley. Council Member Bohnenberger advised that all Cities in the Coachella Valley are participating including Palm Springs. BIB] 02-08-96-U01 08:48:25AM-U01 CCMIN-U02 01-U02 15-U02 1991-U02 City Council Minutes 13 January 15, 1991 Mayor Pena advised that this will put a cap on how much taxicabs can charge throughout the Valley. In response to Council Member Franklin, Mayor Pena advised that alternative transportation may also be limousine?s. In response to Council Member Sniff, Mr. Kiedrowski advised that the City of La Quinta joined Sunline on or about the 20th of May, 1982, but that he would research this information for him. Council Member Sniff questioned the wordage taxicab operations? in the Recitals on Page 1 of the Agreement. Mayor Pena advised that it is the operating of taxicabs, the driving of taxicabs. Council Member Franklin asked Council Member Sniff how he would like it to read. Council Member Sniff responded that he was not sure he liked it and is concerned about it. In response to Council Member Sniff, Mayor Pena advised that this does not relate to car pools. A taxicab is a vehicle for hire and must have a business license to operate as a taxicab. This action would amend the JPA and allow Sunline the authority to put together an ordinance. The ordinance will come back to us for adoption. RESOLUTION NO. 91-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA CONSENTING TO AND APPROVING THE AMENDMENT OF THE SUNLINE JOINT POWERS TRANSPORTATION AGENCY AGREEMENT CONCERNING THE REGULATION OF TAXICABS. MOTION: It was so moved by Council Member Bohnenberger/ Rushworth to approve Resolution No. 91-6 the Amendment to Sunline Joint Powers Agreement regarding Taxicab Regulations by the following vote. AYES: Council Members Bohnenberger, Franklin, Rushworth and Mayor Pena NOES: Council Member Sniff ABSENT: None ABSTAIN: None BIB] 02-08-96-U01 08:48:25AM-U01 CCMIN-U02 01-U02 15-U02 1991-U02 City Council Minutes 14 January 15, 1991 13. SECOND READING OF ORDINANCES: ORDINANCE NO. 184 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE LA QUINTA MUNICIPAL CODE BY ADDING CHAPTER 6.10 ESTABLISHING PROCEDURE, STANDARDS AND CRITERIA FOR THE REGULATION OF HAZARDOUS WASTE FACILITIES. MRS. HONEYWELL noted that the Ordinance was amended to reflect the changes made at the first reading of the Ordinance. It was moved by Council Members Bohnenberger/Sniff that Ordinance No. 184 be adopted on second reading as clarified. Motion carried by the following vote: AYES: Council Members Bohnenberger, Franklin, Rushworth, Sniff & Mayor Pena. NOES: None ABSENT: None ABSTAIN: None ORDINANCE NO. 185 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTIONS 6.04.050 AND 6.04.140 OF THE LA QUINTA MUNICIPAL CODE REGARDING PICK-UP SCHEDULE FOR CONSTRUCTION DEBRIS AND UNAUTHORIZED COLLECTIONS. It was moved by Council Members Bohnenberger/Sniff that Ordinance No. 185 be adopted on second reading. Motion carried by the following vote: AYES: Council Members Bohnenberger, Franklin, Rushworth Sniff & Mayor Pena NOES: None ABSENT: None ABSTAIN: None 6. CONSIDERATION OF MODIFICATION TO DESIGN CONTRACT FOR CIVIC CENTER WITH GRUEN AND ASSOCIATES. Mr. Kiedrowski advised that the Civic Center architects Gruen ASSOC.) have requested a fee adjustment. Part of the adjustment is based upon the change in the construction budget and part of it is based upon additional services and design development. The total additional costs of the two are $242,388. He noted that the total amount is still within the amount budgeted. BIB] 02-08-96-U01 08:48:25AM-U01 CCMIN-U02 01-U02 15-U02 1991-U02 City Council Minutes 15 January 15, 19g1 MAR15 PIEKA, GRUEN ASSOCIATES, advised that the building as is currently developed and approved is a more costly building and the original fee was predicated upon certain percentages of estimated construction costs. This portion of the increased request amounts to $161,213.00. The reason for the additional $81,175 for design development is due to the fact that they had to take a scheme they were developing and had to backtrack to do the refined scheme. The amount of effort that was put forth took an additional couple of months. Council Member Bohnenberger asked for clarification regarding the fee for construction costs and Mr. Kiedrowski advised that we are locked into a percentage of the construction costs. In response to Council Member Bohnenberger, Mr. Kiedrow?ki advised that there have been numerous discussions regarding the increase in the design fee and Gruen has documented the reasons for the increase. He believed that Gruen has expended the services for the work and while he believes that the $81,175 may be somewhat high, the costs have escalated because of changes requested by staff and Council on the exterior design. MOTION: It was so moved by Council Members Bohnenberger/ Rushworth that the Council approve Item A increase in construction cost budget) and that Item B increase in design services) be sent back for the City Engineer and City Manage to Sit down with Gruen Associates to come up with what they feel to be an equitable adjustment. In response to Council Member Franklin, Mr. Pieka advised that the revisions to the signing are included in the estimate for additional fees. Mr. Pieka proceeded to give a brief history on the evolution of this project. Discussion ensued regarding whether or not this is final or if there will be additional modifications and changes with Mayor Pena stating that it is final unless the Council decides to make any further changes. Council Member sniff stated that he was not happy with the increased costs noting that there were changes made to save money like lowering the pad heights. MOTION CARRIED with Council Member Sniff voting NO. MINUTE ORDER 91-7. BIB] 02-08-96-U01 08:48:25AM-U01 CCMIN-U02 01-U02 15-U02 1991-U02 City Council Minutes 16 January 15, 1991 CONSENT CALENDAR 1. APPROVAL OF MINUTES OF DECEMBER 18, 1990 AND JANUARY 7, 1991. 2. APPROVAL OF DEMAND REGISTER. 3. ACCEPTANCE OF SUBDIVISION IMPROVEMENTS AND RELEASE OF STREET, WATER AND SEWER BONDS WILLIAMS DEVELOPMENT CO. CACTUS FLOWER TRACT 22982. 4. APPROVAL OF FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 25237 SANTA ROSA COVE TON HILL. 5. REDUCTION OF PERFORMANCE SECURITY LETTER OF CREDIT TRACT 25429 PAINTED COVE MINISTRELLI. 6. APPROVAL OF ACTIONS RELATING TO 1991 BOB HOPE CHRYSLER CLASSIC: a. ADOPTION OF RESOLUTION ESTABLISHING TEMPORARY TRAFFIC CONTROLS AT LA QUINTA COUNTRY CLUB AND PGA WEST FOR A SPECIFIC EVENT. b. APPROVAL OF WAIVER OF FEES. C. ADOPTION OF RESOLUTION ACCEPTING GUEST BADGES. 7. ADOPTION OF RESOLUTION OF INTENT TO VACATE A PORTION OF AVENIDA MENDOZA BETWEEN CALLE MADERO AND AVENIDA BERMUDAS AND FIXING TIME AND PLACE OF PUBLIC HEARING. 8. APPROVAL OF REVISIONS TO PROGRAM STATEMENT FOR ASSESSMENT/HOOK-UP FEE SUBSIDY PROGRAM PER SB 1352 EXPANSION OF PROGRAM TO INCLUDE PROJECT AREA. 2. 9. APPROPRIATION TRANSFERS INTO ACCOUNT NO. 01-4311-111-000, CONTRACT SERVICES PROFESSIONAL $50,000) AND ACCT. 01-4311- 111-001, CONTRACT SERVICES OTHER $100,000) FROM THE GENERAL FUND RESERVE. MOTION: It was moved by Council Members Bohnenberger/ Rushworth to approve the Consent Calendar with Items 1 9 as recommended with Items 6, 7 & 8 being approved by RESOLUTION NOS. 91-7, 91-8 & 91-9. Motion carried unanimously. MINUTE ORDER NO. 91-8. STUDY SESSION 1. DISCUSSION OF REGULATING SMOKING IN PUBLIC PLACES. BIB] 02-08-96-U01 08:48:25AM-U01 CCMIN-U02 01-U02 15-U02 1991-U02 City Council Minutes 17 January 15, 1991 LOIS MALL, Regional Director, American Lung Association, Palm Desert, addressed Council on a Smoking Control Ordinance. Mrs. Mall advised that all cities in the Coachella Valley except La Quinta, Indian ells and Coachella have a smoking control ordinance. Mayor Pena advised that the City of La Quinta has a no smoking" policy at City Hall. In response to Council Member Bohnenberger, Mrs. Mall advised she would send a copy of a Smoking Control Ordinance to the City. DISCUSSION OF LIBRARY GRANT APPLICATION MOTION: It was so moved by Council Members Franklin/ Rush'worth to include the discussion of the library grant application on the agenda as an urgency item. MINUTE ORDER NO. 91-9. Mr. Reynolds proceeded to explain the status of the library grant application advising that in the pre-application process the City ranked 88 Out of 104 applications. They were judged by State Board and the ones who will actually make the decision will have other criteria that they can look at. He believed that we should follow through and file the application noting that the only costs involved is staff time and the library staff will be exerting the most amount of time. council library staff is planning to hand carry the application to Sacramento before the February 15th deadline. Council concurred on proceeding with the application. PRESENTATIONS 1990 BEST HOLIDAY DECORATED HOMES: Edwin and Barbara Mclntryre, 533-555 Avenida Alvarado James and Sandra Hardin, 79-755 Fiesta Drive Peter and City Melchor, 53-655 Avenida Alvarado David G. Buck, 53-960 Eisenhower Margaret Muir, 54-055 Avenida Velasco BIB] 02-08-96-U01 08:48:25AM-U01 CCMIN-U02 01-U02 15-U02 1991-U02 City Council Minutes 18 January 15, 1991 PUBLIC HEARINGS 1. TENTATIVE TRACT 25237 OHIO CITIZENS INVESTMENT CORP. FOR MODIFICATION TO CONDITION #29 REGARDING CONSTRUCTION OF THE AVENIDA OBREGON & AVENIDA FERNANDO GATES NORTH SIDE OF AVENIDA FERNANDO 1/4+ MILE WEST OF EISENHOWER DRIVE. Mr. Herman, Planning Director advised that this is a request to modify Condition No. 29 regarding the construction of the Avenida obregon & Avenida Fernando Gates. The reason the applicant made the request was because of the litigation brought on by Frederick's against the applicant. The litigation has been resolved and the Court has denied the preliminary injunction and determined that the Frederick's do not have an easement through the Mazatlan gate. Based upon this, the applicant has concurred with the tabling of this matter which means if the applicant wishes to revise his request to modify Condition No. 29 we would have to do so through the public hearing noticing process. The Planning Commission did table this at their January 8th meeting. MOTION: It was moved by Council Members Sniff/Rushworth to table the applicants request to modify Condition No. 29 of Tract 25237. Motion carried unanimously. MINUTE ORDER NO. 91-10. 2. PUBLIC USE PERMIT 90-007 LA QUINTA CIVIC CENTER PROJECT CONSISTING OF CITY HALL, ARTS FOUNDATION BUILDING, SENIOR CENTER, LIBRARY, RETENTION BASIN, AND ASSOCIATED PARKING AND LANDSCAPING LOCATED AT THE SOUTHWEST CORNER OF CALLE TAMPICO AND WASHINGTON STREET AND CONFIRMATION OF ENVIRONMENTAL ASSESSMENT. Mr. Herman presented the staff report and displayed a site plan and rendering of the exterior and interior courtyard elevations. The Planning Commission considered this on January 8th and recommended adoption of the negative declaration and approval of public use permit. PUBLIC HEARING OPEN KATIE BARROWS, 53-277 Avenida Diaz, addressed Council on the Civic Center Design and encouraged the use of energy conservation measures. PUBLIC HEARING CLOSED BIB] 02-08-96-U01 08:48:25AM-U01 CCMIN-U02 01-U02 15-U02 1991-U02 City Council Minutes 19 January 15, 1991 MOTION: It was moved by Council Members Sniff?Bohnenberger to adopt the negative declaration and approve public use permit 90-007. Motion carried unanimously. MINUTE ORDER NO. 91-11. 3. DEVELOPMENT AGREEMENT 90-002 FOR SPECIFIC PLAN 89-014 ONE ELEVEN LA QUINTA CENTER LOCATED IN AREA BOUNDED BY WHITEWATER STORM CHANNEL ON THE NORTH, HIGHWAY 111 ON THE SOUTH, ADAMS ST. ON THE EAST, AND WASHINGTON STREET ON THE WEST APPLICANT: WASHINGTON ADAMS LIMITED PARTNERSHIP. MOTION: It was moved by Council Members SnifflRushworth to continue the Public Hearing until February 5, 1991. Motion carried unanimously. MINUTE ORDER NO. 91-12. COUNCIL COMMENT None PUBLIC COMMENT None RECESS TO REDEVELOPMENT AGENCY RECONVENED CLOSED SESSION COUNCIL ADJOURNED TO CLOSED SESSION pursuant to Government code Section 54956.9(a) to discussion on-going litigation, Kirkwood Indio Case No. 55695, City of Indio Indio Case No. 62944, Discussion of Potential Litigation pursuant to Government Code Section 54956.9(b) concerning Frederick?s litigation and the obregon Gate. Joint discussion with City Council and the Redevelopment Agency Board concerning the negotiations with the Transpacific Development Co. pursuant to Government Code Section 54956.8. Discussion of personnel pursuant to Government code Section 54957. ADJOURNMENT Meeting was adjourned with no action being taken. R?'pectfully su ti. AUNDRA L. J?HO y Clerk City of La Quinta, California BIB] 02-08-96-U01 08:48:25AM-U01 CCMIN-U02 01-U02 15-U02 1991-U02