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2010 05 04 CC MinutesLA QUINTA CITY COUNCIL MINUTES MAY 4, 2010 A regular meeting of the La Quinta City Council was called to order at the hour of 3:30 p.m. by Mayor Adolph. PRESENT: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph ABSENT: None PUBLIC COMMENT -None CLOSED SESSION 1. Conference with City's legal counsel regarding pending litigation - PW Const~uciion v. City of La Quinta, Riverside Superior Court Case No. INC081454, Pursuant to Government Code Section 54945.91a1. (See City Attorney announcement be%w.J 2. Conference with City's real property negotiator, Douglas R. Evans, pursuant to Government Code Section 54956.8 concerning potential terms and conditions of acquisition and/or disposition of real property located southwest of the intersection of Highway 111 and La Quinta Centre Drive. Property Owner/Negotiator: Direct Point Advisors, Inc., Michael Hastings. Council recessed to the Redevelopment Agency and to Closed Session to and until the hour of 4:00 p.m. 4:00 P.M. The City Council meeting was reconvened with no decisions being made in Closed Session which require reporting pursuant to Government Code Section 54957.1 (Brown Act1. Mayor Adolph led the audience in the Pledge of Allegiance. ANNOUNCEMENTS Assistant City Attorney Houston announced the City Council has authorized a Settlement Agreement prepared by the City Attorney in the matter of Closed Session Item No. 1, and upon execution it will be made available to the public. City Council Minutes May 4, 2010 PUBLIC COMMENT Mika Moulton, P.O. Box 5444, La Quinta, founder of Christopher's Clubhouse, requested the City Council's .consideration of a Community Services Grant Application and explained the services provide life-protective skills for children. •*• N N Y 1F If M R N Leo Knasiak, 78-515 Avenida Ultimo, inquired about the status of a petition he submitted on behalf of residents of Desert Club Estates, regarding the condition of the easement (i.e. the parkway between the golf course and Avenida Ultimo) and. other issues in the neighborhood. He stated he has not received any response and the neighborhood residents are inquiring about the issue David Yrigoyen, 81-074 Rancho Santana, addressed issues regarding the Coachella Festival event held in April 2010, including the need for a new or amended EIR because of traffic, parking, and lighting impacts; requested the City Council initiate dialog with the City of Indio to reduce or mitigate impacts from the event. Mayor Adolph explained the issue would be discussed under Mayor and Council Members' Items. Mr. Yrigoyen requested to be updated on the issue. Council Member Sniff stated he feels Mr. Knasiak deserves a response to his comments and requested staff look into the matter further and report back to the City Council at the next meeting. CONFIRMATION OF AGENDA -Confirmed PRESENTATIONS Mayor Adolph announced a proclamation was prepared for the Riverside County. Mental Health Board in honor of May 2010 as Mental Health Month. WRITTEN COMMUNICATIONS -None City Council Minutes May 4, 2010 APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Franklin to approve the City Council Minutes of April 20, 2010, as submitted. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED MAY 4, 2010. 2. APPROVAL OF AWARD OF CONTRACT WITH VINTAGE ASSOCIATES, INC. FOR PARK LANDSCAPE MAINTENANCE SERVICES, PROJECT NO. 2009-20. 3. APPROVAL OF AMENDMENT NO. 1 TO THE COMMUNICATIONS SITE LEASE AGREEMENT WITH TOWERCO ASSETS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR INSTALLATION AND CO-LOCATION OF ANTENNAS ON A CELL TOWER AT FIRE STATION 70. 4. APPROVAL OF AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH TRAFFEX ENGINEERS, INC. FOR CONTRACT CITY TRAFFIC ENGINEER SERVICES. 5. ACCEPTANCE OF A GRANT OF EASEMENT AND AGREEMENT FOR ROADWAY PURPOSES ALONG AVENIDA BERMUDAS AND DESERT CLUB NORTH OF CALLE TAMPICO BY VILLAGE RESORT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY. 6. ADOPTION OF A RESOLUTION TO REAFFIRM THE CITY'S ADOPTION OF THE ANNUAL ASSESSMENT FOR CSA 152, AUTHORIZE RIVERSIDE COUNTY TO CONTINUE TO LEVY ASSESSMENTS, AND INDEMNIFY AND HOLD THE COUNTY HARMLESS FOR LEVYING ASSESSMENTS ON CITY PARCELS UNDER CSA 152. (RESOLUTION NO. 2010-032) 7. ACCEPTANCE OF A GRANT OF EASEMENT AND AGREEMENT FOR PUBLIC UTILITY PURPOSES AND EMERGENCY VEHICLE ACCESS OVER LOT 48 OF TRACT MAP 30023-4 FROM SHEA LA QUINTA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY FOR TENTATIVE TRACT MAP 35996. 8. APPROVAL OF AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH NAI CONSULTING, INC. TO PROVIDE PROJECT MANAGEMENT AND CONTRACT ADMINISTRATIVE SUPPORT SERVICES FOR FISCAL YEAR 2010-2011. City Council Minutes May 4, 2010 MOTION. - It was moved by Council Members Sniff/Evans to. approve the Consent Calendar as recommended with Item No. 6 being approved by RESOLUTION NO. 2010-032. Motion carried unanimously. BUSINESS SESSION 1. CONSIDERATION OF 4T" QUARTER COMMUNITY SERVICES GRANTS AND FUNDING REQUESTS. Recreation Supervisor Ambriz presented the staff report. Council Member Sniff inquired as to why the Christopher's Clubhouse grant request was not included in the recommendation. Council Member Henderson stated none of their Board of Directors are La Quinta residents, although it is not a requirement; stated she is leery about adding new grant applicants when no La Quinta connection is indicated or has received assistance from-other cities in the Coachella Valley. Mayor Adolph confirmed the comments made by Council Member Henderson. Council Member Sniff stated the worthwhile- organization should receive grant funding and recommended a grant in the amount of $1,500. Council. Member Franklin asked where the organization provides services in La Quinta and who the organization works with. Mrs. Moulton stated programs have .been provided at Adams Elementary School and explained she works with the Desert Sands Unified School District, after school programs, and the Boys and Girls Club. Council Member Franklin recommended a grant of 52,500 to the organization. Council. Member Evans asked if the organization has worked with Healthy Families Foundation, to which Mrs. Moulton responded no. Council Member Evans suggested the organization contact the Foundation for additional assistance. Council Member Henderson asked where the classes .are held.. Mrs. Moulton explained they are looking for. a few locations; one will be at the Indio Teen Center and they are looking for one in the northwest area of La Quinta. City Council Minutes May 4, 2010 Council Member Henderson asked if the organization has worked with the Boys and Girls Club or .contacted the YMCA: Mrs. Moulton stated the only Boys and Girls Club that has responded to their requests has been the one in Palm Desert; and explained they have been working with YMCA to provide classes but funding has been an issue. Council Member Henderson stated she would agree to a funding recommendation of $2,500 if the program is being offered to La Quinta children. Mrs. Moulton stated she is agreeable to the restriction. Mayor Adolph stated the City Council is careful to use the City tax dollars to provide programs benefitting La Quinta residents. MOTION - It was moved by Council Members Sniff/Henderson to approve Community Services Grants to Amelia Earhart Elementary School in the amount of $1,000; and Christopher's Clubhouse in the amount of $2,500, contingent upon the funding being used to provide attendance for La Quinta children. Motion carried unanimously. 2. CONSIDERATION OF CIVIC CENTER CAMPUS ARTISTS ACKNOWLEDGMENT AREA APPLICATIONS. Community Services Director Hylton presented the staff report. MOTION - It was moved by Council Members Sniff/Evans to authorize the names of artists Kathy Caldwell and Charles L. Sullivan to be included on the Artists Acknowledgment Area. Motion carried unanimously. 3. CONSIDERATION OF THE COMMUNITY SERVICES COMMISSION WORK PLAN FOR FISCAL YEAR 2010-2011. Community Services Director Hylton presented the staff report. Council Member Henderson asked for clarification about the "Liaison to the Community" task and whether the Commission currently invites other organizations or do they want to begin this program. Community Services Director Hylton explained they want to begin the program. Council Member Henderson stated it is a good idea and supports the effort. Council Member Henderson expressed concern about the development of a Valley-wide parks and recreation commissioners training and questioned other cities being in the position to establish a new program due to budget City Council Minutes May 4, 2010 constraints. Community Services Director Hylton explained the California Park and Recreation Society (CPRS) Commissioners' Board Member group hosts training for a small. fee and the Commission gained from it. In response to Council Member Evans, Community Services Director Hylton confirmed the entire Valley was able to participate in the training provided by CPRS. Community Services Director Hylton clarified the intent is for aone-time training as opposed to a coalition of all the park and recreations from each city putting a training manual together. Council Member Sniff concurred with Council Member Henderson that the task be clarified in the Work Plan. MOTION - It was moved by Council Members Sniff/Franklin to approve the Community Services Commission Work Plan for Fiscal Year 2010-2011 with clarification on the one-time training. Motion carried unanimously. 4. CONSIDERATION OF APPOINTMENT OF A DELEGATE AND ALTERNATE TO THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) GENERAL ASSEMBLY. City Clerk Montecino presented the staff report. Mayor Adolph and. Council Member Henderson .both confirmed they would be attending the General Assembly meeting. MOTION. - It was moved by Council Members Sniff/Evans to appoint Mayor Adolph as the Voting Delegate and Council Member Henderson as the Alternate for the SCAG General Assembly. Motion carried unanimously. Mayor Adolph requested the City Council take up Mayor and Council- Members'. Items at this time. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING ANIMAL CONTROL. Mayor Adolph expressed concern about whether Code Compliance is doing everything possible to protect residents from roaming dogs; and asked if the Municipal Code is sufficient to address vicious dogs. City Council Minutes 7 May 4, 2010 Building & Safety Director Hartung stated staff is comfortable with the existing Municipal Code relating to animal control; and explained staff aggressively enforces the Code and is compared to none other in the State; there were nine bites reported last year, with two from Pit Bulls; and explained staff responded to the incident in question on a Saturday within 10 minutes of reporting the dog bite; an Animal Control Officer responded and impounded the dog; a restraining order was obtained on the following Monday; 10 days later a third-party hearing officer declared the dog dangerous but no restrictions were imposed; and stated all possible efforts were made by staff in response to the complaint. In response to Mayor Adolph, Building and Safety Director Hartung explained if an animal is caught at large, staff will research if the animal is licensed, and a citation is issued if the animal is not licensed or is not have a current rabies vaccination. He further explained if the owner is not known, the animal is impounded and a description of the animal impounded is posted on a website; a citation and impound fees are issued and if the owner does not claim the animal, it is euthanized. Council Member Evans asked if the City receives a comparable number of calls to other cities. Building & Safety Director Hartung stated he does not have numbers from other cities to compare, but the numbers have fallen from last year; and stated two Animal Control Officers have the ability to respond immediately to life safety calls Monday through Friday. Council Member Evans stated the challenge is imposing responsible ownership of animals to prevent unwanted contact. Mayor Adolph concurred. Council Member Henderson inquired if staff has any suggested changes to improve or enhance service. Building & Safety Director Hartung confirmed, and explained the Animal Control section of the Municipal Code was revised two years ago; and staff has everything needed to enforce the Code at this time. Paula Deal, 54-320 Avenida Herrera, agrees to restricting or establishing heavy fines for owners of vicious dogs; and explained she and her two small dogs were attacked by two loose Pit Bulls and received injuries as a result of the attack. James Maxey, 78690 Naples Drive, explained he was attacked by a Pit Bull while riding his bicycle and received permanent injuries; and agreed the owners need to be made responsible for their dogs. City Council Minutes May 4, 2010 William Chitwood, 81340 National Drive, explained his son was attacked by a Pit Bull; stated he has submitted suggestions to the City Council to address this issue; suggested staff study how other cities are addressing vicious dogs; aggressive fines must be established for owners of dogs that bite; and proposed the City establish a requirement for dog owners to provide proof of liability insurance prior to obtaining a dog license. Vangie Weems, 77526 Calle Nogales, owns two Pit Bulls; conveyed her empathy for those who have suffered from attacks of Pit Bulls; explained she and her dog were attacked by a Jack Russell Terrier; is happy that the City Council is considering this matter with the fact that owners must be made responsible; and suggested every dog should be submitted to an aggression test prior to obtaining a license. Janet Jackson, 79405 Highway 1 1 1, impressed with the Building & Safety Director's report; agrees the City Council should consider the deed and not the breed of the dog; expressed concern of requiring proof of insurance; stated when laws are too strict, you have more non-compliance; and stated residents should report dogs roaming. Ms. Weems further stated Riverside County has the highest number of Pit Bulls and pointed out the statistics on dog bites seem high because of the high population of the breed. Council Member Sniff explained his experience of being attacked by a dog and the injuries incurred when he was 10 years old; stated one of the principal reasons the City was incorporated was because of the loose dogs roaming; the City needs to take a good hard look at this issue and the legalities associated with it; need to have responsible owners and be cited heavily when in violation of the Code; and asked if Pit Bulls must be confined.. Building & Safety Director Hartung explained the Code requires a dog be confined upon being determined as a vicious dog regardless of the breed. Council Member Sniff stated the City has an obligation to protect the citizens of this community and must require owners of vicious dogs to pay. financially. Council Member .Franklin stated there is a consensus that these incidents occur because of the lack of responsibility of the owners; and is in favor of establishing penalties for the owners. City Council Minutes May 4, 2010 Council Member Henderson stated this issue was addressed while serving on the Animal Campus Commission; the important issue is to deal with enforcing the laws within the legal parameters allowed; and further stated there should not be a judgment call on whether a person has been bit by an animal, but dog owners should be fined if their dog has been identified as to having bit a person. Building & Safety Director Hartung explained there is no violation established for dog bites; it would not be appropriate to establish violation simply for a dog bite; and enforcement has been conducted by establishing violation for dogs off leash or roaming around. Council Member. Henderson stated the owner has a responsibility to pay in some way when a person is simply walking down the street and gets bit; good behavior is responsible behavior; cannot legislate good behavior, but the City can make restrictions to prevent bad behavior. Council Member Evans stated no citation or penalties was given in the case of Mr. Chitwood because it was afirst-time bite which is not a violation; and supports looking into aggression testing prior to issuing a license and establish a program to address it. Council Member Henderson stated aggression testing is expensive and not sure the City can provide that service; and questioned if Council Member Evans was addressing aggression testing for only specific breeds. Council Member Evans suggested if an owner has been identified as not having their dog on a leash and their dog has shown aggression toward another person or dog, then that dog owner should be required pay for their dog to go through the aggression testing program. Council Member Franklin explained the behavior testing at the Animal Campus is subjective and does not recommend that program; and the training would be very expensive. Council Member Sniff stated what we are looking at is responsible ownership and need to work on enforcing it; and requested staff bring back recommendations. Mayor Adolph requested staff review the Municipal Code and the City Attorney research establishing fines for leash law violations and picking up after the dogs. Council Member Sniff recommended a report be brought back at the next meeting. Assistant City Attorney Houston stated the office will work with staff and report back to the City Council. City Council Minutes May 4, 2010 2. DISCUSSION REGARDING TEMPORARY USE PERMITS. Mayor Adolph addressed the noise emanating from .the Coachella festival and asked what can be done to ensure noise nuisances are monitored. He also commented on the traffic jam that occurred on Jefferson Street and recommended the outside lane be kept open for through traffic. In regard to events allowed under temporary use permits, he recommended a substantial deposit be required and the deposits retained if the rules are not followed. Council Member Henderson stated she understands the City of Indio officials are aware of the issue and it is time for them to revisit how their traffic control and public safety issues are handled; she also understands City Manager Genovese will be meeting with their Interim City Manager to discuss this issue. In reference to the temporary use permit. event, she stated the trickle-down effect must be looked at when establishing an ordinance; and suggested staff enforces shutting down of an event when it is appropriate. Planning Director Johnson explained he monitored the event held at the Merv Griffin Estate and worked with the Police Department to shut down the event; what the applicant portrayed to staff was inconsistent with. what transpired, and staff. has learned to be critical for similar future events. Council Member Henderson stated staff has- learned a lesson and the next step is to work with the City of Indio to address the issues related to their events that impact the City of La Quinta. Mayor Adolph stated La Quinta is basically a quiet community and residents get upset when this type of event occurs; and event coordinators must be made aware that they will be impacted financially when they violate the Municipal Code. He referenced a previous fireworks display held in the same area. Planning Director Johnson explained the Madison Club fireworks display was, not a permitted. event and is a different issue from the Merv Griffin Estate event. City Manager Genovese stated the coordinator for the Merv Griffin Estate event deposited funds for police services and was not expended from City funds. Council Member Franklin commended Planning Director Johnson for his professional manner in dealing with the event held at the Merv Griffin estate..: She understands the City of Indio Police Department budget for the City Council Minutes May 4, 2010 Coachella Festival event was $1 million and confirmed it was funded by the event coordinator. She suggested the possibility of establishing an organization similar to the East Valley Coalition to discuss this type of issue with neighboring cities. Council Member Sniff stated the East Valley Coalition was semi-productive and faded away. He stated $1 million is not that much for police services and if you want to control something, you must have sufficient police force. He agreed with Mayor Adolph's suggestion that one lane of traffic should be kept open for through traffic when these events occur; and suggested organizers not be eligible for future permits if conditions of a temporary use permit are not met. Council Member Evans commented on JFK Medical Center working with organizers of the Coachella Festival and Stagecoach events in preparation of the events; and the need to begin dialogue now with the entities involved for next year's events. Council Member Henderson addressed the issue of sufficient police force and noted sometimes it is the amount of involvement of the officers as opposed to the number. Council Member Evans stated this year was the first time tickets were sold as a three-day event as opposed to single-day tickets and that produced more attendees at one time. Council Member Sniff requested a report back from the City Manager following his meeting with the City of Indio. -STUDY SESSION -None REPORTS AND INFORMATIONAL ITEMS Chamber of Commerce Workshop/Information Exchange Committee - Council Member Franklin reported the meeting consisted of good communication between the Chamber of Commerce and City staff; and reported a candidates' forum is scheduled for September 30, 2010 in the Cduncil Chamber. IID Energy Consumers Advisory Committee -Council Member Franklin reported on the nomination and election of officers, and revision of the bylaws regarding holding more than one office and vacancies. City Council Minutes May 4, 2010 CVAG Homelessness Committee -Council Member Franklin .reported a statement was made at the last meeting that if a city does not pay the $103,000 annually, then a new representative should be appointed. She announced a grand opening for Roy's Resource Center will be held May 25, 2010; stated an agreement with Jewish Family Services was reviewed but .there is no funding to support it; the County has reduced its funding by 20% to Martha's Village and has reduced funding to the Coachella Valley Rescue Mission because they cannot fund anything except for the cost of cots in the chapel due to separation of church and State. National League of Cities -Council Member Henderson reported the California Redevelopment Agency (CRA) lost their lawsuit against the State and are researching grounds for appeal of the decision; and the CRA is working on an injunction to file immediately to delay payments to the State. League of California Cities -Council Member Henderson reported the League is working with the CRA to prepare documents for a ballot measure to stop State , raids of local government and transportation funds; signatures to qualify the measure have been filed; and stated fundraising has begun with the Board approving to raise $5 million in support of the ballot measure. Riverside County Transportation Commission - Council Member Henderson reported the Rail Subcommittee is reviewing the expense and feasibility of establishing commercial railway into the Coachella Valley, and- there seems to be interest and support at this time; they received information from Sunline Transit Agency regarding concern of the propriety of the Commission conducting the review; explained the Coachella Valley Association of Governments receives suggestions and pursues them. Mayor Adolph stated Council Member Henderson was effective in calming the Sunline Transit Agency Board's concerns regarding rail transportation. LAFCO -Council Member Henderson reported their budget was discussed and it appears there may be a .5% increase in dues because of the legal fees incurred from a lawsuit between two cities over an annexation. League of California Cities, Riverside Division - Council Member Henderson announced the next meeting will be held in Canyon Lake on May 10, 2010, and a boat cruise is offered. Palm Springs Desert Resort Communities Convention & Visitor's Authority - Council Member Evans stated the CVA is gearing up for a summer marketing. program; gave an updated report regarding the "Bring Your Physician Home" Program and stated there is a new contact person for the program; and she will be providing a draft brochure. City Council Minutes May 4, 2010 SunLine Transit Agency - Mayor Adolph reported the Agency discussed rail transportation; and a request for increase of taxicab fees from $2.50 to $3.00, and the Agency discussed concerns about the request. CVAG Executive Committee -Mayor Adolph reported Dave Willmon congratulated the City of La Quinta for the amount of signatures obtained which were more than other cities in the Coachella Valley; and a letter supporting AB 2759 was discussed and approved, with the City of Indio dissenting. City Manager Genovese stated there seems to have been a misinterpretation at the City of Indio and it was not adequately studied or discussed with their entire City Council. Mayor Adolph continued reporting that the Committee approved the regional PM 10 street sweeping program; the City of Indio wanted to negotiate with CleanSweep but CVAG would have lost over S400,000 from the South Coast Air Quality Control Board if the contract was rebid. Mayor Adolph read two messages from Tom Kirk, Executive Director of CVAG; one stating that CVAG's grant request from Southern California Edison Local Government Strategic Plan Solicitation has been recommended full funding at 56.1 million for athree-year program, and Katie Barrows is to be commended for her efforts in completing the application; the second message stated the County opened bids on the Indian Avenue Interchange and the bid was awarded to Granite Construction at 516.5 million, which was under the engineer's estimate of 525.5 million. Mayor Adolph commended Building & Safety Director Hartung for the report he provided on the home foreclosure program. He also referenced a congratulatory letter he received from Supervisor Benoit regarding. the SilverRock Resort receiving the Award Recognition for Outstanding Food Establishment Performances by the Riverside County Department of Environmental Health. All other reports were noted and filed. DEPARTMENT REPORTS 3-A. SUMMER SCHEDULE FOR CITY COUNCIL MEETINGS. After a brief discussion the City Council concurred to cancel the August 17 and September 7, 2010 City Council, Redevelopment Agency, Financing Authority and Housing Authority meetings, respectively. City Council Minutes May 4, 2010 The City Council recessed #o and until 7:00 P.M. 7:00 P.M. PUBLIC COMMENT -None PRESENTATIONS -None PUBLIC HEARINGS 1. PUBLIC HEARING ON LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1, FISCAL YEAR 2010-2011. Public Works Director Jonasson presented the staff report. The Mayor declared the PUBLIC HEARING OPEN at 7:11 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:12 p.m. Mayor Adolph noted the assessment is half of .what is needed to fully fund. the budgeted amount. RESOLUTION NO. 2010-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA OUINTA, .CALIFORNIA, CONFIRMING THE .DIAGRAM AND ASSESSMENTS FOR FISCAL YEAR 2010-2011 LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 (PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972.) It was moved by Council-Members Sniff/Franklin to adopt. Resolution No. 2010-033 as submitted. Motion carried unanimously. 2. PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING TITLE 9, ZONING, OF THE LA QUINTA MUNICIPAL CODE TO RESTRICT THE PLACEMENT OF PERMITTED TEMPORARY SIGNS WITHIN THE PUBLIC RIGHT-OF-WAY (9.160.060) AND TO REVISE TABLE 9-17 TO CHANGE MAXIMUM SIGN SIZE AND HEIGHT RESTRICTIONS FOR EXEMPT SIGNS "(9.160.020). City Council Minutes May 4, 2010 Planning Director Johnson presented the staff report. Council Member Franklin requested clarification on the proposed allowance for temporary signs within the right-of-way area. Planning Director Johnson explained it is five feet from the curb or edge of pavement, and no allowance within medians. Council Member Franklin asked if the language to retain 50% of the deposit (S200) is if there are no violations. Planning Director Johnson stated the Planning Commission recommended a sliding scale of retaining up to 50% of the deposit if any violations occurred. He further explained the Planning Commission recommends a full refund be made if there are no violations. Council Member Franklin commented on the increase on the number of signs allowed to be posted and suggested adding language to allow only the candidate or campaign manager to post signs. Planning Director Johnson explained multiple permits cannot be issued to a particular candidate for their campaign, but that separate permits can be obtained by different parties to post signs for the same candidate. He explained it is difficult to prohibit multiple independent parties because of discrimination in free speech and content. In response to Council Member Henderson, Assistant City Attorney Houston stated the City Council can establish general restrictions applicable to everyone, but cannot limit the restriction to a particular applicant because it then becomes a content restriction. In response to Mayor Adolph, Planning Director Johnson clarified the language regarding postings within the right-of-way is based on five feet from the curb or edge of roadway with the location of the sidewalk being irrelevant. Mayor Adolph noted some candidates do not understand where the right-of- way is; and stated he agrees with collecting a deposit and retaining 50% if there are violations. Council Member Sniff noted only two of the five amendment items are referenced in the staff report. Planning Director Johnson explained the Planning Commission only made a recommendation regarding two of the five items and did not recommend including the other three. He explained Exhibit A is the recommendation of the Planning Commission. Council Member Henderson suggested retaining the entire deposit if there are several violation. issues. with posting of the signs. Mayor Adolph stated that the candidates will automatically let Code Compliance remove the signs after City Council Minutes May 4, 2010 the election since they are paying for it anyway at 100% retention of the deposit. Council Member Henderson asked if Exhibit A indicates signs can be posted anywhere. Planning Director Johnson explained Exhibit A is the recommendation of the Planning Commission with no other changes to the existing ordinance. Mayor Adolph noted the Planning Commission minutes do not convey how their decision was reached. In response to Council Member Franklin, Planning Director Johnson confirmed the changes do not affect the requirement for a 200 foot separation between signs. Council Member Franklin noted that the people who assist candidates in posting signs -are not aware of the regulations. Planning Director Johnson explained that most of the time the candidates are the ones pulling the permits and that they are informed of the posting requirements. Council Member Franklin stated it is easier to retain 100% of the refund if any violations occur rather than a sliding scale. Planning Director Johnson stated staff did not recommend that because of the potential for candidates to leave the signs for Code Compliance to remove. their signs after the. election. Council Member Franklin asked if there were more problems posting signs before the election or removing them afterward. Planning Director Johnson stated staff did not have a problem with removal of the signs after the election. Council Member Franklin .stated it seems there were more problems with the timeliness of posting signs before the election. Mayor Adolph stated the ordinance addresses all temporary signs .and not just political signs.. Planning Director Johnson confirmed and noted the most common temporary signs are garage sale signs. The Mayor declared the PUBLIC HEARING OPEN at 7:34. p.m. Joan Rebich, 53-810 Avenida Cortez, representing the Cove Neighborhood Association, stated they support the recommendation of the Planning Commission. Dennis Lubas, 78-515 Avenida Ultimo, spoke in support of .the Planning Commission recommendation; and stated the focus has been on political signs but this addresses all temporary signs year round and the aesthetics of City Council Minutes May 4, 2010 the community could plummet. He stated he is opposed to allowing temporary signs in the right-of-way. Leo Knasiak, 78-515 Avenida Ultimo, conveyed objection to changing the current temporary sign ordinance; suggested the deposit be increased to $1,000 and charging $25 per sign for removal by staff; stated the right-of- way belongs to the public and noted there are other ways to advertise. He further stated the signs are difficult to read while driving down the street; and he is opposed to signs in the right-of-way as it decreases the aesthetics of the City. Mayor Adolph stated candidates running for offices for the County and State can be numerous. There being no additional requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:41 p.m. Mayor Adolph stated he listened to the discussion of the Planning Commission regarding this item and commended them; and was surprised one member was against it. Council Member Evans stated she respects the work and recommendation of the Planning Commission but is in favor of amending the ordinance; stated the miscellaneous language recommended by the Planning Commission is appropriate but the deposit is irrelevant if signs are not allowed on public property. She supports not allowing signs in the medians or within five feet of the curb but feels appropriately-placed signs keep the safety issue intact and allow for freedom of speech every two years for 60 days and helps residents identify a name of a candidate. She further supports retaining 50% of the deposit if any violation occurs, the 60 days allowance for posting of signs because it addresses the absentee ballot issue, and supports the allowance of either 50 or 100 signs because multiple applicants can pull permits. Council Member Franklin agreed with Council Member Evans's comments and stated she wishes to clarify that the City retains 50% of the $200 deposit if there is a violation. Council Member Henderson commented on the number of times this issue has been addressed and recognized the public comments made in support of the Planning Commission recommendation. She stated she continues to support the current ordinance; noted the public right-of-way belongs to everyone and some people are offended by signs in the right-of-way and some are not; stated some feel political signs are beneficial to a campaign City Council Minutes May 4, 2010 but she hopes voters have some idea about the candidate they vote for. She asked for clarification regarding the penalty and permit fee of $200 if we are not permitting any signs. Planning Director Johnson explained the potential for issuing permits would still exist but there are not many properties eligible for posting of five or more signs because of the 200-foot separation requirement. He further explained the restriction of 200 feet between signs applies to individual properties. Council Member Sniff noted .that every lot in the Cove would be allowed to have a sign. Council Member Henderson stated she will continue to support the current ordinance with full understanding that many people think political signs are not offensive. Council Member Sniff stated signs allow unknown candidates to introduce themselves to the public. He stated postage for mailings is expensive; tasteful signs are effective and not offensive; and signs have political and. informative value. He stated allowing signs to be posted within the permitted timeframe is part of the democratic process. He supports Council Member Evans' suggestions and due to the -size of the City, he would support allowing 100 signs with. the 200-foot distance requirement. He supports a $200 deposit and retaining 50% if signs are not removed within the required timeframe. Mayor Adolph noted the number of candidates involved results in a proliferation of signs and sign pollution. He questioned signs providing recognition of candidates and noted one candidate posted many signs during the last campaign but only ranked 6`" among the votes. He stated he has no problem with signage in the City if it is done properly. Council Member Sniff stated he would support. 45 days for posting, an allowance of 100 signs, no posting in the medians, and a $200 deposit with a 50% penalty for violations. MOTION - It was moved by Council Members Sniff/Evans to take up Ordinance No. 479 by title and number only as amended (to allow posting for 45 days, no medians, $200 deposit with retaining 50% if any violations) and waive further reading. Motion carried 3-2 with Council Member Henderson and Mayor Adolph dissenting. City Council Minutes 19 May 4, 2010 ORDINANCE NO. 479 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 9 OF THE LA QUINTA MUNICIPAL CODE TO CLARIFY LANGUAGE OF CERTAIN MISCELLANEOUS PROVISIONS AND PROVIDE FOR RETAINAGE OF DEPOSIT FOR VIOLATIONS OF TEMPORARY SIGN REQUIREMENTS (9.160.060). It was moved by Council Members Sniff/Evans to introduce amended Ordinance No. 479 on first reading. Motion carried by the following vote: AYES: Council Members Evans, Franklin, Sniff, NOES: Council Member Henderson, Mayor Adolph ABSTAIN: None ABSENT: None 3. PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING TITLE 9 ZONING, AND TITLE 13, SUBDIVISION REGULATIONS ADJUSTING GUESTHOUSE PROVISIONS IN .THE TABLE OF PERMITTED USES AND IN THE SUPPLEMENTAL RESIDENTIAL CODE; PROHIBITING SINGLE FAMILY HOMES WITHIN THE VILLAGE COMMERCIAL DISTRICT; IDENTIFYING GOLF CART SALES IN THE NON-RESIDENTIAL TABLE OF PERMITTED USES; ADJUSTING PERMITTED DATE FOR CHRISTMAS TREE SALES; CORRECTING ERROR IN USED CAR SALES REGULATIONS; PERMITTING USE OF SEASONAL SALES BUSINESSES; AND ADDRESSING MULTI- . TENANT OFFICE COMPLEXES WITH INTERIOR TENANTS IN THE SIGN ORDINANCE. Principal Planner Mogensen presented the staff report. In response to Council Member Henderson, Planning Director Johnson confirmed these issues have been previously discussed by the Planning Commission for policy interpretation but the amendments have not been codified into the Municipal Code. The Mayor declared the PUBLIC HEARING OPEN at 8:09 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 8:09 p.m. MOTION - It was moved by Council Members Sniff/Franklin to take up Ordinance No. 480 by title and number only and waive further reading. Motion carried unanimously. City Council Minutes 20 May 4, 2010 ORDINANCE NO. 480 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA O.UINTA, CALIFORNIA,' AMENDING TITLE 9 OF THE LA QUINTA MUNICIPAL CODE, 1) TO ADJUST THE GUESTHOUSE PROVISIONS IN THE TABLE OF PERMITTED USES (9.40.0401, 2) TO ADJUST THE GUESTHOUSE PROVISIONS IN THE SUPPLEMENTAL- RESIDENTIAL CODE (9.60.100); 3) TO PROHIBIT SINGLE FAMILY HOMES WITHIN THE VILLAGE COMMERCIAL DISTRICT (9.65.0201. 4) TO IDENTIFY GOLF CART SALES IN THE NON- RESIDENTIAL TABLE OF PERMITTED USES (9.80.0401, 5) TO ADJUST THE PERMITTED DATE FOR CHRISTMAS TREE SALES (9.100.080), 6) TO CORRECT AN ERROR IN THE USED CAR SALES REGULATIONS (9.100.300), 7) TO PERMIT THE USE OF SEASONAL SALES BUSINESSES (9.100.310), AND 8) TO ADDRESS MULTI-TENANT OFFICE COMPLEXES WITH INTERIOR TENANTS IN THE SIGN ORDINANCE (9.160.050). It was moved by Council Members Sniff/Franklin to introduce Ordinance No. 480 on first reading. Motion carried by the following vote: AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph NOES: None ABSTAIN: None ABSENT: None ADJOURNMENT There being no further business, it was moved by Council Members Sniff/Franklin to adjourn. Motion carried unanimously. Respec Ily submitted, VERONICA J. NTECI O, City City of La 0 ' ta, California