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1996 05 07 CC Minutes+ LA QUINTA CITY COUNCIL MINUTES May 7, 1996 Regular meeting of the La Quinta City Council on May 7, 1996 was called to order at the hour of 3:00 p.m. by Mayor Holt, followed by the Pledge of Allegiance. PRESENT: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt ABSENT: None CONFIRMATION OF AGENDA Council Member Henderson asked that Consent Calendar Item No. 10 be pulled for separate action due to a conflict of interest. Mayor Holt asked that Consent Calendar Item No.7 be moved to Business Session Item No.12. Council Member Perkins asked that Mayor and Council Members' Item No. 3 be continued to the next meeting. MOTION It was moved by Council Members Adolph/Henderson to pull Consent Calendar Item No.10 from the Consent Calendar, move Consent Calendar Item No. 7 to Business Session Item No. 12, and continue Mayor and Council Members' Item No.3 to May21, 1996. Motion carried unanimously. APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/Adolph to approve the City Council Minutes of April 1 6, 1 996 as submitted. Motion carried unanimously. ANNOUNCEMENTS None PRESENTATIONS Mayor Holt announced that the City has received the Clean Cities Award from the United States Department of Energy in recognition of La Quinta's leadership in improving air quality, strengthening the local economy, and enhancing public awareness of alternative fuels through commitment to and participation in the Clean Cities Program. BIB] 05-24-1996-U01 07:41:07AM-U01 CCMIN-U02 05-U02 07-U02 1996-U02 +City Council Minutes 2 May 7,1996 Mayor Holt advised that the City has also received an award from the Boys & Girls Club of Coachella Valley, La Quinta Unit, in appreciation of the City's contribution to enhance the Club's programs. PUBLIC COMMENT Ms. Catherine Goodsell, 53-1 80 Avenida Vallejo, asked the Council to not charge athletic groups for electricity used at the Sports Complex as proposed in the Athletic Fields Agreement. ** *** * * * * * * * Mr. Vern Embery, 54-965 Avenida Vallejo, questioned the proposed spending of Art in Public Places funds of $70,000 for artwork at Rancho La Quinta. He felt that the taxpayers in the City should be given some consideration by beautifying the City entrance at Avenue 52 and Washington Street. WRITTEN CORRESPONDENCE 1. LETTER FROM JULY 4TH GREATER DESERT FIREWORKS REQUESTING CONTRIBUTION. Council concurred on directing staff to agendize this request for a future agenda. BUSINESS SESSION 1. CONSIDERATION OF A RECOMMENDATION BY THE ART IN PUBLIC PLACES COMMISSION TO APPROVE A PROPOSAL BY RANCHO LA QUINTA FOR ARTWORK TO BE INSTALLED AT THE CORNER OF AVENUE 48 AND WASHINGTON STREET AND TO APPROPRIATE $70,000 FROM THE ART IN PUBLIC PLACES FUND FOR THE CONSTRUCTION OF THE ART PIECE. Mayor Holt advised that the developer has requested a continuance to May 21, 1996. MOTION It was moved by Council Members Sniff/Adolph to continue the artwork proposal by Rancho La Quinta to May 21, 1996. BIB] 05-24-1996-U01 07:41:07AM-U01 CCMIN-U02 05-U02 07-U02 1996-U02 +City Council Minutes 3 May 7, 1996 Council Member Henderson advised that she has some concerns regarding this item that might cause future delays if not discussed now. Council Member Sniff didn't believe that it was a time-sensitive issue and preferred to have the applicant present for any discussion. Council Member Henderson ur?derstood from members of the Art in Public Places Commission that, although the developer requested the continuance, he also is concerned about getting the artwork installed prior to an upcoming event and she felt that discussion of her concerns now might help avoid any unnecessary delays later on. In response to Mayor Holt, Ms. di lono, Planning Manager, advised that she was unaware ot any other request by the developer other than the request for a continuance. Motion carried with Council Member Henderson voting NO. MINUTE ORDER NO.96-66. In response to Council Member Perkins, Mr. Genovese, City Manager, clarified for the audience that Art in Public Places funds are derived directly from developer fees and not from the General Fund. 2. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION ACTION UNDER SIGN APPLICATION 96-336, CONDITION NO.1 C OF MINUTE MOTION 96-013, TO REDUCE THE NORTH ELEVATION SIGN FROM 50 SQ. FT. TO 22 SQ. FT. FOR SESAME RESTAURANT LOCATED AT THE NORTHWEST CORNER OF WASHINGTON STREET AND CALLE TAMPICO IN THE LA QUINTA VILLAGE SHOPPING CENTER. APPELLANT: ALIBABA FARZANEH. Ms. di Iorio, Planning Manager, advised that the applicant is appealing the Planning Commission's reduction of the north elevation sign for Sesame Restaurant from 50 sq. ft. to 22 sq. ft. She advised that the applicant originally requested approval of two internally-illuminated, 50 sq. ft. signs on the north and east elevations, a 33 sq. ft. logo on the east elevation, a 22 sq. ft. internally-illuminated sign on the south elevation, a 12 sq. ft. sign on the face of the awning on the north elevation, and a 6 sq. ft. sign on the west side of the same awning. The Planning Commission didn?t feel that visibility was an issue for Sesame?s as it had been for Pizza Hut who recently received approval of a 40 sq. ft. sign due to their distance from Washington Street. The Planning Commission was concerned also about the potential for glare that the signs would generate for the residential area to the east due to the size and number BIB] 05-24-1996-U01 07:41:07AM-U01 CCMIN-U02 05-U02 07-U02 1996-U02 +City Council Minutes 4 May 7, 1996 of illuminated signs on the east and north elevations. The total square footage for signage requested by Sesame's was 173 sq. ft., 23 sq. ft. more than the anchor tenant which is Ralphs. By eliminating the logo and reducing the size of the north elevation sign, the total square footage was reduced to 11 2 sq. ft. Staff recommended denial of the appeal. In response to Council Member Adolph, Ms. di Iorio advised that the size of the 50 sq. ft. sign was determined by drawing a box around the perimeter of the entire sign canister as opposed to the size of the electrical casing which follows the lettering of the sign. The size of the letters on the 50 sq. ft. sign was reduced from 2-3 inches to 1 Y2-2 inches. Mr. Skip Berg, 80-579 Pebble Beach, of Diversified Graphic Industries, felt that a 50 sq. ft. sign is needed on the north elevation in order to gain attention to the restaurant?s location before traffic passes the main entrance on Washington Street. They would prefer to reduce the east elevation sign if one must be reduced. He pointed out that the total square footage would only be 140 sq. ft. without the logo and that Ralphs has two monument signs in addition to their 1 50 sq. ft. sign on their building. He advised that only the lettering would be illuminated. In response to Council Member Henderson, Mr. Berg advised that if one of the signs must be reduced, they would prefer to reverse the locations of the 50 sq. ft. sign and the 22 sq. ft. sign. In response to Council Member Adolph, Mr. Berg advised that the lighting would be a warm white" or ivory. In response to Council Member Perkins, Mr. Berg advised that the main entrance on Washington Street is 400-500 feet from the restaurant, making it necessary to have a 50 sq. ft. sign for the lowercase letters to be recognized from that distance. Mr. Alibaba Farzaneh, 39-902 Newcastle Drive, Palm Desert, pointed out that if you measure only the letters, the sign is 25 sq. ft., not 50 sq. ft. He offered to replace the 50 sq. ft. sign after a few months if the Council feels that it's unsightly. In response to Council Member Sniff, Mr. Farzaneh advised that he believed both signs are important, but would remove the sign on the Calle Tampico side if necessary. BIB] 05-24-1996-U01 07:41:07AM-U01 CCMIN-U02 05-U02 07-U02 1996-U02 + City Council Minutes 5 May 7, 1996 In response to Council Member Henderson, Mr. Farzaneh advised that the signs would be illuminated all night to help advertise the restaurant. He would turn them off earlier if complaints were received from more than 20% of the residents from across Washington Street. In response to Council Member Adolph, Mr. Farzaneh advised that the equipment located next to the side door on Washington Street belongs to the shopping center and he suggested that it be screened with trees. Mayor Holt expressed appreciation for the Planning Commission who works hard to uphold the City's codes, but in the spirit of trying to support local businesses and in light of Mr. Farzaneh's willingness to make any necessary changes, she supported approval of the appeal. Council Member Perkins didn't like overriding the Planning Commission either, but would support the appeal of the 50 sq. ft. sign on the north elevation, leaving the remaining signs as approved by the Planning Commission for a total of 140 sq. ft. Council Member Sniff also supported the appeal because he felt that it's imperative for the City to support its retail businesses, especially new ones, pointing out that Mr. Farzaneh has been extremely generous and cooperative with the City. See Council Member Adolph felt that the larger sign was more proportionate to the Correction building size, but was concerned about over-signage and recommended that the in 5121196 smaller sign on the end of the canopy be eliminated. Minutes) Mr. Berg pointed out that that's the only signage they have on the west side. Council Member Adolph felt that the size is too small to help identify the restaurant. Council Member Henderson supported the appeal. She felt that having the name on the canopy was traditional with pedestrian traffic and that it shouldn't even be considered a sign if it's too small to be seen. MOTION It was moved by Council Members Sniff/Henderson to grant the appeal of Alibaba Farzaneh on Sign Application 96-336 as requested. Motion carried unanimously. MINUTE ORDER NO.96-67. BIB] 05-24-1996-U01 07:41:07AM-U01 CCMIN-U02 05-U02 07-U02 1996-U02 +City Council Minutes 6 May 7, 1996 PRESENTATIONS....................continued Mr. David Rohy with the California Energy Commission presented the Building & Safety Department with the A.C.E.S. Assuring Compliance with the Energy Standards) Award for their enforcement of energy codes. He advised that La Quinta ranked in the top five percent of approximately 500 jurisdictions in California issuing building permits, achieving the same status as the City of Los Angeles. He thanked the offices of Senator David Kelley and Assemblyman Jim Batten for their support of the Energy Commission. Ms. Betty Carapellese, of Senator Kelley?s office, congratulated the City, particularly the staff of the Building & Safety Department, on behalf of Senator Kelley. BUSINESS SESSION continued 3. CONSIDERATION OF APPROVAL OF A GRANT OF EASEMENT DEED AGREEMENT AND TO ACCEPT THE DEED HAMMER ACQUISITION. Mr. Speer, Senior Engineer, advised that the action being requested is an implementation detail as a result of the Disposition and Development Agreement DDA) entered into in January, 1995, between the Redevelopment Agency and Desert Sands Unified School District DSUSD) wherein the Agency agreed to sell 26 acres to DSUSD for their Administrative Center. The DDA provided for DSUSD to construct Dune Palms Road between Avenue 48 and Highway 111 and the City agreed to acquire the needed right-of-way and make its best effort to secure reimbursement for DSUSD from the adjacent property owners that would benefit from the construction of the street. The two parcels needed for right-of-way are located on either side of the existing right-of-way on Highway 111. The parcel on the east side is still under negotiation, but negotiations have been completed for the Hammer property on the west side, resulting in the proposed Grant of Easement Deed Agreement. The owner agrees to grant a perpetual right-of-way easement to the City as well as a temporary construction easement to DSUSD and is released from any reimbursement obligation. The Hammer family has agreed to donate the date palm trees that exist in the right-of-way and the City has agreed to relocate them, naming them in honor of the Hammer family. The cost to relocate the trees is $32,000 and two potential sites are recommended by staff, the Civic Center where irrigation can be quickly installed, or along the Bear Creek Bikepath which would require temporarily storing the trees until the end of summer when the irrigation system should be installed. Staff recommended approval of the Grant of Easement Deed Agreement and requested direction BIB] 05-24-1996-U01 07:41:07AM-U01 CCMIN-U02 05-U02 07-U02 1996-U02 +City Council Minutes 7 May 7, 1996 regarding the relocation of the trees. Staff suggested using the City property located north of Avenue 52 near the Fritz Burns Park for storage if needed. In response to Mayor Holt, Mr. Speer advised that moving the trees a second time would cost an additional $32,000. Council Member Sniff suggested permanently relocating the trees in clusters along the south side of Calle Tecate, leaving adequate distance between them to not obscure the mountain view. He felt that it would be relatively easy to install an irrigation system in that area. He was opposed to relocating any of them to the Civic Center site and wasn't sure that the Bear Creek Channel could accommodate 80 trees. He agreed that the temporary storage site proposed by staff would give the maximum opportunity for the trees to survive if stored. Council Member Perkins didn't have any particular site in mind, but was concerned about the number of trees that would be lost if moved twice. He was concerned about putting trees on the Civic Center site since no permanent plans exist for that area, leaving the possibility open for the trees to be moved a second time. In response to Council Member Perkins, Mr. Speer advised that the trees must be moved within three to four weeks. Council Member Adolph supported moving the trees only once because it's more cost effective and less trees would be lost. He recalled that date palm trees were included in an approved, conceptual design for the Civic Center site and felt that some of these trees should be placed there, with the balance at the Calle Tecate site. Council Member Henderson supported moving the trees to a permanent location and asked how long it would take to install irrigation at the Calle Tecate site. Mr. Speer advised that the trees could be watered by truck if planted close to the street until permanent irrigation is installed. Mayor Holt agreed that they should be moved to a permanent location and supported the Calle Tecate site, but wished to see some of them placed at the Civic Center also. Council Member Perkins reiterated his concern about placing trees at the Civic Center site at this tiine, pointing out that any changes in the Civic Center's BIB] 05-24-1996-U01 07:41:07AM-U01 CCMIN-U02 05-U02 07-U02 1996-U02 +City Council Minutes 8 May 7, 1996 conceptual plan might make it necessary to move the trees a second time. He felt that all of the trees should be placed at the Calle Tecate site. Council Member Sniff believed that the Calle Tecate site would accommodate all of the trees and could be easily irrigated as well. He felt that it might be better to use ornamental palms at the Civic Center instead of date palm trees with thorns and fruit. Mayor Holt strongly supported placing some of the trees at the Civic Center site. Council concurred on directing staff to bring a tentative planting plan back to Council in two weeks. Council Member Perkins suggested that if any trees are moved to the Civic Center site, that they be placed around the perimeter. MOTION It was moved by Council Members Sniff/Adolph to approve the Grant of Easement Deed Agreement, accept the deed, authorize the City Manager to execute it, and the City Clerk to have it recorded by the County Recorder. Motion carried unanimously. MINUTE ORDER?NO. 96-68. 4. CONSIDERATION OF THE CONSULTANT-SELECTION PROCESS FOR DESIGN SERVICES NECESSARY TO PREPARE PLANS. SPECIFICATIONS, AND ENGlNEER?S ESTIMATE FOR THE MILES AVENUE WIDENING PROJECT AND THE AVENUE 48 STREET IMPROVEMENTS PROJECT 96-05. Mr. Freeland, Senior Engineer, advised that on April 2, 1996, the Council authorized the expenditure of $519,825 of Redevelopment Agency Project Area No. 2 unds for the Washington Street/Miles Avenue Project and the Avenue 48 Extension Project, design services of which are to be completed concurrently by a single engineering firm As outlined in Resolution No.93-28, the consultant-selection process allows the Council to appoint one or more members to participate and/or observe the staff-selection procedure or to. function as the Selection Committee that will review and rank the qualified firms. The Selection Committee will meet on May 8th to prepare a short list of qualified firms to send the Request for Proposals RFP? to, giving preference to local consultants. Staff recommends the appointment of Tom Hartung, Christine di Iorio and John Freeland to serve on the committee. BIB] 05-24-1996-U01 07:41:07AM-U01 CCMIN-U02 05-U02 07-U02 1996-U02 +City Council Minutes 9 May 7, 1996 In response to Council Member Adolph, Mr. Freeland advised that only the east side of Washington Street and south side of Miles Avenue would be included in the Washington Street/Miles Avenue project. In response to Council Member Perkins, Mr. Freeland advised that the improvements would provide a better northbound Washington Street to eastbound Miles Avenue turn. Council Member Perkins suggested moving the lines at the intersection to make more of a 9O? turn for west to southbound traffic. Council Member Sniff volunteered for the Selection Committee. Mayor Holt questioned the need for Council Members to serve on the committee given the technicality of the situation. Council Member Perkins agreed and felt that it may not be necessary until the proposals are received. Mayor Holt preferred that staff handle the technical part of the process and then bring back the top two or three proposals for the entire Council to consider. She felt that it?s difficult for the Council to not go along with the recommendation of the Council Members who serve on the Selection Committee. Council Member Perkins agreed and felt that possibly Council Members who get so closely involved in the selection process should abstain when the item comes before the Council because it?s hard for them to be objective. He felt that any Council participation on a selection committee should be as observer only. Council Member Henderson was inclined to agree that the Council sometimes feels additional pressure to go along with their representative's recommendation, but she was also concerned that having the Council review top few firms might delay the process. In response to Mayor Holt, Mr. Genovese, City Manager, advised that the top three firms could be brought back to Council with staff's recommendation of the top firm. Council Members Henderson and Perkins had no problem with that. BIB] 05-24-1996-U01 07:41:07AM-U01 CCMIN-U02 05-U02 07-U02 1996-U02 +City Council Minutes 10 May 7, 1996 Council Member Sniff felt that Council oversight is important, pointing out that the Council established this process because prior to this process the same people were getting the City's contracts. He wasn't opposed to serving only as an observer, but didn't feel that any of the Council Members ever came back to the Council with prejudiced opinions after serving on the committee. He agreed that Council participation during the technical portion of the process may not be necessary, but felt that it was important during the selection of the top proposals. He pointed out that if only the top proposals are presented to the Council, they won't hear what led up to that selection. Mayor Halt felt that the Council should trust the staff to select the top proposals and then consider their recommendation along with the other ones. She felt that the presence of Council Members on the selection committee might be intimidating to staff also. Council Member Perkins advised that he has the greatest respect for each Council Member, but feels that it's difficult for any of them to come back and discuss with the Council the technicalities discussed during the selection process. He wasn't opposed to having the proposals presented a second time on large projects if needed because it would allow each member of the Council to make their own decision instead of relying on the opinion of another Council Member. He felt that the Council would be able to look at the issues much more subjectively. Council Member Henderson appreciated Council Member Sniff's concerns given the past problems, but she pointed out that it's the Council who decides to accept or reject the selection committee's recommendation. She suggested that a dollar amount be established as a guideline for determining the need to have proposals presented directly to Council, Council Member Adolph supported staff handling the initial process and then bring back the top firms for Council to consider MOTION It was moved by Council Members Sniff/Adolph to approve the Consultant Selection Committee, approve the Request for Proposals for design services Project 96-05), and authorize staff to receive proposals for said services. Motion carried unanimously. MINUTE ORDER NO.96-69. BIB] 05-24-1996-U01 07:41:07AM-U01 CCMIN-U02 05-U02 07-U02 1996-U02 +City Council Minutes 11 May 7, 1996 5* CONSIDERATION OF APPROVAL OF PLANS, SPECl?lCATIONS, AND ENGlNEER?S ESTIMATE AND AUTHORIZATION TO ADVERTISE BIDS FOR PROJECT 96-07. HIGHWAY 111/WASHINGTON STREET WIDENING PROJECT. Mr. Freeland, Senior Engineer, advised that the plans, specifications, and engineer?s estimate for Highway 111/Washington Street Widening Project No. 96-07 have been approved for advertising by CalTrans The improvements from 400 feet west of Washington Street to Adams Street on Highway 111 and from Simon Drive to the south end of the Washington Street bridge on Washington Street will include storm drain improvements, median landscaping, and traffic signal modifications. The improvements will provide two through- lanes in both directions on Washington Street, three through-lanes on Highway 111, two left-turn lanes in each direction at the intersection, and a dedicated left-turn lane into the La Quinta Plaza Shopping Center from Washington Street. The project must be awarded by July 1996 to avoid losing approximately $173,000 in State-Local Transportation Partnership Program SLTPP) funds. Construction is scheduled to begin August 1, 1996 and completed January 31, 1997. An add-alternate bid will be requested in the bid specifications should the Council wish to avoid construction during the peak tourist-traffic period and choose to delay the project to April 1, 1 997. The available, uncommitted project funding for this project as of April 30, 1 996 is $3,278,219. An Owner Participation Agreement between the Redevelopment Agency and TDC One Eleven Commercial Center) establishes funding for the Highway 111 widening portion of the project and an amendment to the agreement is necessary to fully utilize the funding. The amendment will be considered by the Agency prior to the award of this project. In response to Council Member Perkins, Mr. Freeland advised that left-turn lanes would be provided on Highway 111 in addition to the three through- lanes. In response to Council Member Adolph, Mr. Speer, Senior Engineer, advised that the project must be awarded, started, and completed by certain deadlines to receive the SLTPP funds, but delaying it to April, 1 997 won?t affect being in compliance with the requirements. Mr. Genovese, City Manager, advised that the peak tourist-traffic period doesn't generally start until after January In response to Council Member Perkins'. Mr. Speer believed that the plans require two open lanes in each direction at all times. BIB] 05-24-1996-U01 07:41:07AM-U01 CCMIN-U02 05-U02 07-U02 1996-U02 +City Council Minutes 12 May 7, 1996 Council Member Henderson commented that although the City makes an effort to avoid street construction during the busy traffic season, it sometimes happens She felt that residents would start using Adams Street after it?s completed as an alternate route during construction of this project. Mayor Holt suggested publicizing alternate routes in the Newsletter. In response to Council Member Perkins, Mr. Speer advised that the improvements would extend west to the proposed intersection into Plaza La Quinta. In response to Council Member Adolph, Mr. Speer advised that the City is required by State law to relocate billboards during street-widening projects. MOTION- It was moved by Council Members Sniff/Henderson to approve the plans, specifications, and engineer's estimate for Highway 111/Washington Street Widening Project No.96-07, and authorize advertising of said project for bids. Motion carried unanimously. MINUTE ORDER NO.96-70. 6. CONSIDERATION OF ACCEPTANCE OF IMPROVEMENTS FRITZ BURNS PARK/PALM ROYALE PARK ADAMS PARK) PROJECT 95-02. Mr. Freeland, Senior Engineer, advised that on June 20, 1 995, the Council awarded a contract for $866,890 to James T. Dunphy Construction to construct the Fritz Burns Park and Palm Royale Park Adams Park) with a scheduled completion date of November 6, 1995. The City has received over $66,000 in Stop Notices" for non-payment of subcontractors for materials and/or labor. This amount will not be released to the contractor until a Stop Notice Release" is submitted. Monies not encumbered by stop notices can be released to the contractor after a 30-day waiting period has expired. The final punch list of needed corrections that was submitted to the contractor has not been completed and due to the extreme late completion" date of this project, staff recommended that the contract be terminated, that the completed improvements be accepted and the City Clerk directed to file a Notice of Completion, authorize staff to use any remaining funds not encumbered by stop notices to finish outstanding work, authorize staff to call on the contractor's bonds if insufficient funds exist to complete the remaining work, and direct staff to declare James T. Dunphy a non-responsive bidder, thereby not accepting any bids from that company in the future until further advised by Council. BIB] 05-24-1996-U01 07:41:07AM-U01 CCMIN-U02 05-U02 07-U02 1996-U02 + City Council Minutes 13 May 7, 1996 Mr. Genovese, City Manager, recommended not filing a Notice of Completion yet, nor taking action to declare James T. Dunphy Construction a non- responsive bidder. In response to Council Member Adolph, Mr. Freeland advised that some effort was made by the contractor last month to address the corrections on the punch list, but the project has been basically abandoned at this time Council Member Henderson felt the situation was deplorable and that the contract should be terminated and the retention funds and/or bonds used to complete the project. Mr. Robert Tyler, 44-21 5 Villeta Drive, felt that the condition of the Adams Park was deplorable and urged the Council to terminate the contract for cause He questioned the design of the park, noting the lack of picnic tables, the torn- up condition of the compacted pathways, and the number of growing weeds. MOTION- It was moved by Council Members Henderson/Adolph to terminate the contract with James T. Dunphy Construction for cause, utilize any remaining retention funds not encumbered by Stop Notices" to finish outstanding work, and if remaining funds are insufficient to complete the remaining work, authorize staff to call on the contractor?s bonds. In response to Council Member Adolph, Ms. Honeywell, City Attorney, advised that the motion is sufficient, but noted the importance of coordinating this action with the bonding company and making a determination regarding the filing of the Notice of Completion. Motion carried unanimously. MINUTE ORDER NO.96-71. Council concurred on taking up Business Session Item Nos. 9, 11, and 12 and Department Report H-i at this time. 9. CONSIDERATION OF RESOLUTION ADOPTING RULES OF PROCEDURE FOR COUNCIL MEETINGS AND RELATED FUNCTIONS AND ACTIVITIES. Mr. Genovese, City Manager, advised that the changes to the Council's Rules of Procedure as proposed by Council on April 16th, have been incorporated into the document for Council?s further consideration. He noted that Council has received some additional clean-up items. BIB] 05-24-1996-U01 07:41:07AM-U01 CCMIN-U02 05-U02 07-U02 1996-U02 +City Council Minutes 14 May 7, 1996 Ms. Honeywell, City Attorney, advised that an additional sentence to Section 7.3 has been submitted by Council Member Henderson which makes the Section more clear as follows:......If the motion to reconsider passes, the original item may be considered at that time or agendized for the next meeting which meets any applicable noticing requirements." Council Member Perkins pointed out that Section 1.4 posting of agendas) should refer to three locations. Mr. Ed Kibbey, 78-620 Sanita Drive, of Building Industry Association, advised of correspondence he sent to the City Manager regarding the inclusion of the City Clerk in Closed Sessions not being within the restriction of the Brown Act and he asked if that had been addressed. Ms. Honeywell advised that the Brown Act provides the ability to have someone take Minutes of Closed Session meetings. This provision has been in the Rules for some time without being utilized, but its removal was not addressed by Council during its last discussion. Council Member Adolph advised that Council previously discussed having agenda packets distributed before Friday. Mr. Genovese advised that it would require changing the deadline for completing staff reports which might delay some items on the agenda. Council Members Adolph and Perkins and Mayor Holt didn't have a problem with getting the packet on Friday. Council Member Henderson pointed out that it only gives Council one open day to discuss agenda issues with staff. She asked what the consensus of the Council was in regards to leaving or removing Section 1.7 City Clerk attendance in Closed Sessions) Mayor Holt wasn't necessarily in favor of removing it as an option. Council concurred. In response to Council Member Sniff, Ms. Honeywell advised that the request for the City Clerk to attend Closed Session meetings can be made by either the Council or City Manager. Should Minutes of Closed Session meetings be taken, the City Clerk is responsible for maintaining them in a confidential manner and only in very rare cases are they ever obtained. However, the BIB] 05-24-1996-U01 07:41:07AM-U01 CCMIN-U02 05-U02 07-U02 1996-U02 +City Council Minutes 15 May 7, 1996 possibility of them being obtained is probably why the Council has not had them recorded up to now. Council Member Sniff felt that Section 1.7 should be removed, but the consensus of the Council was to leave it in the Rules of Procedure. RESOLUTION NO.96-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA CALIFORNIA, ADOPTING RULES OF PROCEDURE FOR COUNCIL MEETINGS AND RELATED FUNCTIONS AND ACTIVITIES. It was moved by Council Members Henderson/Perkins to adopt Resolution No. 96-26 with clerical corrections and adding the recommended sentence to Section 7.3 as follows:....then the deadline shall be the next business day. If the motion to reconsider passes, then the original item may be reconsidered at that time or agendized for the next meeting which meets any applicable noticing requirements." Council Member Sniff had a level of discomfort with the added language because of the unsure nature of when the item would be reconsidered. Mayor Holt felt that the Council is sensitive to that and would make an effort to have the applicable parties present before reconsidering the item. Council Member Henderson advised that the option to reconsider the item at the same meeting was already in the language. Motion carried unanimously. Council Member Adolph suggested forwarding the Rules of Procedure to the Planning Commission for their consideration. 11. CONSIDERATION OF SELECTION OF A CITY NEGOTIATING TEAM FOR FY 1996/97 CHAMBER OF COMMERCE CONTRACT NEGOTIATIONS. Mr. Genovese, City Manager, advised that the Chamber of Commerce contract is due for reconsideration. Historically, the Council has appointed two Council Members to serve as the negotiation committee and staff requested direction from Council regarding this year's negotiations. BIB] 05-24-1996-U01 07:41:07AM-U01 CCMIN-U02 05-U02 07-U02 1996-U02 +City Council Minutes 16 May 7,1996 Council Member Henderson advised that she has a problem with two Council Members doing the negotiating and then bringing it back to Council for consideration. She preferred having the entire Council review the contract, forward their individual recommendations to staff who in turn would handle the negotiations and then bring it back to Council for consideration. Mayor Holt agreed and believed that this is one of the City's most important contracts that the entire Council should contribute ideas to. Having served on the negotiation committee, she feels that it's a good experience, but remembered that the negotiation committee had to practically start over last year when they brought the proposed contract before the Council because of the additional input of the remaining Council Members. Council Member Sniff believed that the current process has worked well and wasn?t sure how smoothly it would work if changed. He felt that an effective relationship has been built with the Chamber and that they are used to the process of the last seven years. Mayor Holt believed that the Chamber is wonderful and that the entire Council should have the opportunity to participate in the negotiations with them. Council Member Perkins supported having Council provide staff with input and staff handling the preliminary negotiations. He felt that the entire Council could then review it in an impartial manner. Council Member Adolph was concerned about getting too many people involved, wishing the process to work smoothly. However, he questioned the need for changing a process that has worked well for so long, but advised that he could support either process. Council Member Sniff questioned the workability of having staff negotiate a contract according to input received from five Council Members with differing ideas. Mayor Holt pointed out that in the past, only two Council Members were able to contribute their ideas to the negotiation process until the contract was brought back to the Council for consideration, at which time the remaining Council Members provided their ideas which then required it to be returned for further negotiation. That's why she felt that it would be better for the Council to submit their ideas to staff and let staff use them during negotiations. BIB] 05-24-1996-U01 07:41:07AM-U01 CCMIN-U02 05-U02 07-U02 1996-U02 +City Council Minutes 17 May 7, 1996 MOTION It was moved by Council Members Henderson/Perkins for the City Council to review the Chamber of Commerce contract and recommend to the staff any changes, additions, and deletions, and have staff negotiate the contract with the Chamber of Commerce, and return to the City Council for additional input or changes and approval for final ratification. In response to Council Member Adolph, Mr. Genovese advised that staff's negotiation committee would probably consist of the Assistant City Manager, city Manager, or Community Development Director. Council Member Sniff advised that he would not support the motion. Motion carried with Council Members Adolph and Sniff voting NO. MINUTE ORDER NO.96-72. 12. APPROVAL OF COMMUNITY USE OF ATHLETIC FIELDS AGREEMENT. Ms. Nicholson, Parks & Recreation Director, advised that the Athletic Fields Agreement would help define the roles and responsibilities of groups using the Sports Complex on a regular basis. The lack of such definition has been a concern for the City, School District, and those using it for some time. Several of the sports groups are interested in making improvements to the complex, but are unsure of how to proceed and who to contact. On March 1, 1996, the School District, Public Works Department, Building & Safety Department, Parks & Recreation Department, and various sports groups met and discussed the proposed Athletic Fields Agreement. The agreement which defines the rules of both the School District and City will be made available to the sports leagues on an annual basis to help inform new leadership of existing rules and policies. All applicable organizations have reviewed the proposed agreement and their input was solicited. The agreement which will be renewed annually, defines priority usage determinations, the process for modifying the facilities, insurance requirements, and rules and responsibilities for using the facility. Ms. Pam Nieto, 53-345 Avenida Madero, President of La Quinta Sports & Youth Association, requested removal of the City's right to charge sports leagues for electricity from the agreement because the association would have to close if so charged. She advised that they also cannot afford the responsibility of dragging the infields unless they can use the City?s equipment to accomplish it because they have no such equipment themselves. In response to Council Member Henderson, Ms. Nieto advised that 95% of their league participants are from La Quinta and 5% from Bermuda Dunes. BIB] 05-24-1996-U01 07:41:07AM-U01 CCMIN-U02 05-U02 07-U02 1996-U02 +City Council Minutes 18 May 7, 1996 Council Member Adolph advised that he spoke to Bob Marsh some time ago about the Association's concerns and willingness to handle some of the responsibilities, as long as the needed facilities were made available. They were unable to locate water at each field. Mr. Mark Valentino, 79-119 Lake Club Drive, Bermuda Dunes, appreciated staff's efforts to clear up this problem as well as the City's help at the Sports Complex. He advised that the water lines have been located and are using them. If dragging the fields becomes their responsibility, they will incur additional costs because of a shortage in volunteer help. He was opposed to signing the agreement as long as the City has the option to charge for electricity because they can?t afford to pay for it. Mr. Kenneth Waxiax, 54-920 Avenida Diaz, advised that they have 525 participants enrolled in their sports leagues this year and have an annual budget of $42,500, which is approximately $77 per child. Should the association become responsible for dragging the fields and paying electricity, the parents will have to pay the additional costs of approximately $25,800. Ms. Cindy Torres, 5?185 Avenida Martinez, felt that it's important to provide youths an opportunity to be involved with sports to help keep them off the streets. She was concerned that charging the leagues for electricity may cause the league to end and urged the Council to remember that the youth are the City's future. In response to Mayor Holt, Ms. Honeywell, City Attorney, advised that the electrical fee option in the agreement simply puts the leagues on notice that it may be charged in the future. This form of agreement provides a basis for on- going use and can be modified later on to include a charge for electricity should the Council wish to eliminate that provision at this time. Council Member Henderson pointed out that it's an annual contract wherein the need to charge for electricity could be considered later on, but she didn't feel that it's necessary to include that option at this time. Council Member Perkins advised that he supports youth sports and although the leagues he has worked with in other areas were able to raise funds in various ways, the city also provided them with help. He was in favor of eliminating the electrical fee option and suggested that a small tractor be obtained for dragging the fields and stored at the complex for the leagues to use. He felt that it's an excellent agreement that's long overdue. BIB] 05-24-1996-U01 07:41:07AM-U01 CCMIN-U02 05-U02 07-U02 1996-U02 +City Council Minutes 19 May 7, 1996 In response to Mayor Holt, Mr. Genovese, City Manager, advised that direction is needed regarding who would be responsible for dragging the fields, adding that the City's tractor could be made available once a storage area is located at the Sports Complex. In response to Mayor Holt, Ms. Honeywell advised that the league's insurance would cover their personnel when they use the City?s equipment. The City's provision of a tractor and the league's provision of manpower could be defined in the agreement. Ms. Nicholson advised that the intent was not to eliminate the City dragging the fields prior to the games, but rather to provide a way for the leagues to drag the fields between games and repair gopher holes that frequently appear. Council Member Perkins advised that a small trailer could be purchased for under $200 to haul dirt for the gopher holes. Mayor Holt asked staff to clarify the responsibility for dragging the fields in the agreement. Council Member Adolph was in favor of eliminating the electrical fee option and pointed out that electrical costs would decrease once the new lighting system is installed. He asked if Coachella Valley Parks & Recreation District funds could be used to purchase equipment or facilities at the Sports Complex. Ms. Nicholson advised that the funds must be used to improve the facilities. Possible uses will be brought before the Council at the next meeting for their consideration. Mr. Genovese suggested that this item be continued until the next meeting to allow staff time to make the needed changes. Council Member Sniff advised that he supports the youth and youth organizations and has no problem with deleting the fee option and constructing some type of storage facility for the tractor. MOTION It was moved by Council Members Sniff/Adolph to continue the matter of the Athletic Fields Agreement for staff to make the recommended changes to be returned to Council at the next meeting. Council Member Henderson wished to see an emphasis placed on recycling at the Sports Complex. Motion carried unanimously. MINUTE ORDER NO.96-73. BIB] 05-24-1996-U01 07:41:07AM-U01 CCMIN-U02 05-U02 07-U02 1996-U02 +City Council Minutes 20 May 7, 1996 DEPARTMENT REPORTS H-1. UPDATE ON MONTERO ESTATES SOUND-WALL STUDY. Mr. Speer, Senior Engineer, advised that a sound study was conducted in 1989 regarding traffic noise levels in the Montero Estates which recommended that an 8 to 10-foot high sound wall be constructed on the west side of Washington Street. The study reported that the properties immediately adjacent to the wall would benefit greatly, but the sound levels would increase for the interior properties. He suggested that some of the project funding might come from developments responsible for the increased traffic. He recommended that the sound study be updated and advised that staff would develop alternative methods of funding the remaining costs of the project. In response to Council Member Adolph, Mr. Speer advised that landscaping does little to attenuate sound. Mr. William Schmid, 78-490 CalIe Orense, advised that he lives adjacent to Washington Street in the Montero Estates where the existing noise levels are reported as significant in the sound study completed in 1989, pointing out that it's worse now since the traffic has increased and will continue to get worse as new developments are built. He felt that the poor condition of Jefferson Street has contributed to the increased traffic on Washington Street. Ms. Betty Hartz-Smith, 78-467 Calle Orense, felt that the new businesses and residential developments have caused a huge environmental impact since the 1989 study was completed. The residents of Montero Estates want the City to use future impact fees or other alternative methods to fund the construction of a sound wall on Washington Street between Avenue 50 and Eisenhower Drive on the Montero side. Council Member Perkins was concerned about the noise, but was also concerned about transferring that noise further into the development or bouncing it across the street. Mr. Speer advised that noise will bounce off sound walls toward the opposite side of the street and the study has indicated that it will also increase noise levels further into the development. In response to Council Member Perkins, Mr. Genovese, City Manager, advised that a sound study for a larger area that includes Montero Estates is already budgeted, but funding for the sound wall cannot be addressed until that study BIB] 05-24-1996-U01 07:41:07AM-U01 CCMIN-U02 05-U02 07-U02 1996-U02 +City Council Minutes 21 May 7, 1996 is completed because of other issues along the corridor that may need to be addressed In response to Council Member Henderson, Mr. Genovese advised that it would take approximately 60 days to receive proposals regarding the noise study and 60-90 days to complete the study. Staff will update both the Council and residents when a more definite completion date is determined. Council Member Sniff supported moving forward with the study, but was concerned about conducting it during a slow-traffic period, Council Member Adolph felt that a lot of statistical data should be available given the number of sound walls being built. Mr. Speer advised that most developments are required to conduct a noise study and are usually based on build-out volumes. Council Member Perkins pointed out that noise bouncing off of a. sound wall does make a difference and can be observed on the east side of Washington Street at the Highland Palms area by noticing the noise-level difference from directly across from the wall?and from south of the church where there is no wall. Council recessed to Closed Session to and until the hour of 7:00 p.m. CLOSED SESSION 1. Conference with labor negotiator, Tom Hartung, regarding negotiations with La Quinta City Employees Association pursuant to Government Code Section 54957.6 Meet and Confer' Process. 2. Conference with legal counsel regarding settlement agreement for Buffin case pursuant to Government Code Section 54956.9(a). 3. Conference with legal counsel concerning potential litigation one case) pursuant to Government Code Section 54956.9(b). 4. Public Employee Appointment Public Works Director, pursuant to Government Code Section 54957. 5. Evaluation of Council-appointed position City Attorney pursuant to Government Code Section 54957.6. BIB] 05-24-1996-U01 07:41:07AM-U01 CCMIN-U02 05-U02 07-U02 1996-U02 +City Council Minutes 22 May 7, 1996 7.OOP.M. 7. CONSIDERATION OF ADOPTION OF A RESOLUTION AMENDING RESOLUTION NO. 95-78, ESTABLISHING STANDARDS FOR SUBDIVISION SECURITY. Mr. Speer, Senior Engineer, advised that in 1 995, the Council adopted Resolution No. 95-78 which regulates forms of security for subdivision improvements. However, due to a clerical error, a paragraph establishing fees for administration of lion agreements was omitted. Staff recommended that a resolution be adopted to amend Resolution No. 95-78, establishing an administrative lien fee of 0.5% with a minimum fee of $500 and a maximum of $5,000 tb recover the costs associated with preparing the lien agreement. In response to Council Member Perkins, Mr. Speer advised that the City has only had to use the lien process twice and it's very cumbersome to deal with so without an administrative fee, it could become a preferred method for developers. RESOLUTION NO.96-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ESTABLISHING ALLOWABLE FORMS OF SECURITY FOR SUBDIVISION IMPROVEMENTS AND REPEALING RESOLUTION NO. 95-78. It was moved by Council Members Sniff/Adolph to adopt Resolution No. 96-27 as submitted. Motion carried unanimously. 8. CONSIDERATION OF METHOD TO HONOR INDIVIDUALS IN PARKS. Ms. Nicholson, Parks & Recreation Director, advised that the Parks & Recreation Commission has recommended the proposed method for honoring individuals in parks. Those wishing to honor certain individuals would review a pamphlet of the park's needs and select one to donate. The Commission also recommended that an informational signboard be installed at each park that would display the park name on one side and have room for informational flyers and small plaques on the other. Council Member Henderson liked the looks of the sign, but asked if this signage would be in addition to existing monument park signs. She also asked what the sign dimensions would be. BIB] 05-24-1996-U01 07:41:07AM-U01 CCMIN-U02 05-U02 07-U02 1996-U02 +City Council Minutes 23 May 7, 1996 Ms. Nicholson advised that these signs would be used at the parks that are currently without signs such as the Adams Park and Ei?enhower Park, adding that the drawing is conceptual only at this time. The existing sign at the Fritz Burns Park is not as accessible to the public, but an informational board can be placed near the walkway. In response to Council Member Henderson, Ms. Nicholson advised that the pamphlet would be a joint effort of the Parks & Recreation Commission and staff. Council Member Henderson supported the Commission's involvement and felt that it's a very exciting program. Council Member Adolph was concerned about vandalism and suggested using a more permanent alternative such as embedding the plaques in boulders. He questioned the visibility of plaques if placed on the reverse side of the park sign. Council Member Henderson understood that the Council would only be approving this as one method for consideration, pointing out that mini-obelisks could be used with plaques if that program is approved, In response to Council Member Sniff, Ms. Nicholson advised that the plaques would be uniformly designed. Council Member Sniff was concerned about First Amendment Rights and questioned how objectionable honorees" could be prohibited. Ms. Honeywell, City Attorney, advised that criteria could be developed that would have some type of rational relation to the intended purpose of the program such as limiting it to residents of the City. Council Member Sniff felt that the criteria should identify the honoree with the City. Council Member Henderson pointed out that Ryan Ramirez, from whose death this whole idea originate?d, was not a La Quinta resident Council Member Perkins suggested that it be limited to City residents or someone who has contributed to the City. In response to Council Member Sniff, Ms. Nicholson advised that the process would consist of the donor selecting a needed park item from the pamphlet, BIB] 05-24-1996-U01 07:41:07AM-U01 CCMIN-U02 05-U02 07-U02 1996-U02 +City Council Minutes 24 May 7, 1996 the City collecting the funds and purchasing the item, and then a dedication plaque would be placed on the back of the signboard. Once the park needs have been satisfied, the process would cease. Council Member Sniff was concerned about too many plaques making the park look like a cemetery. Council Member Henderson didn?t have a problem with approving this as a' method as long as other methods may be considered as well. MOTION- It was moved by Council Members Henderson/Sniff to approve the signboard recognition system as a" method to honor individuals in parks and direct staff with Parks & Recreation Commission input) to develop a pamphlet booklet identifying items to be donated and associated costs. Motion carried unanimously. MINUTE ORDER NO.96-74. o. CONSIDERATION OF EXPENDITURE AUTHORIZATION FOR CHARTER CITY PUBLIC INFORMATION PAMPHLET. Mr. Wilson, Management Assistant, advised that on April 16, 1996, the Council authorized staff to proceed with the necessary steps to place the City Charter on the November ballot and further discussed distributing an informational pamphlet to residents. A draft pamphlet, an article for the Newsletter, and a press release are included in the staff report. Staff recommended that Council authorize the expenditure of an amount not to exceed $4,000 to develop and distribute the pamphlet. In response to Council Member Perkins, Ms. Honeywell, City Attorney, advised that staff would add verbiage to the Newsletter article regarding the ability to give additional credit toward local contractors. Council Member Perkins suggested that similar verbiage be inserted in Section 200 of the Charter. The contractors and union members that he's spoken to are very supportive of becoming a Charter City. He liked the Charter and supported moving forward with it. Council Member Henderson felt that the times of the two meetings should be publicized as well as the date. She suggested including an example in the pamphlet regarding Section 203 Enterprises). Mr. Wilson suggested using the City of San Diego's operation of a city store" as an example. BIB] 05-24-1996-U01 07:41:07AM-U01 CCMIN-U02 05-U02 07-U02 1996-U02 +City Council Minutes 25 May 7, 1996 Ms. Honeywell, City Attorney?y, advised that Section 203 would allow the City to act in a more entrepreneurial manner whenever appropriate. More specific examples can be given at the workshops. Council Member Henderson felt that an example should also be included under Question No.4 regarding protection from unfunded, State-mandated programs. In regard to Question No. 6, she perceived that General Law cities usually consider adopting a Charter as they become more sophisticated. She wished to know how many of the 470 cities have incorporated during the last 20 years or 10 years. Council Member Sniff suggested that a list of the 90 Charter Law cities be made available. Mr. Genovese, City Manager, advised that staff would research the requested information and make it available. Council Member Perkins believed that the reason more cities haven?t considered a Charter is because no one pushes the idea. He suggested that the press release be distributed as soon as possible. Council Member Henderson suggested that the pamphlet be distributed in an eye-catching envelope much like the Chamber used recently. In response to Council Member Sniff, Mr. Wilson advised that the estimated cost of printing the pamphlet is $2,000 and another $2,000 for postage. The four to six-page pamphlet would be printed on 8Y2" X 11" paper and then folded to meet mailing requirements. Council Member Sniff felt that it's important to gain the public's attention with this mailing if the City is to receive their support and involvement. He supported using an eye-catching envelope with an attention-getting comment on the outside. Mr Genovese advised that additional funds are available should the Council wish to use an envelope for distribution. Council Member Sniff felt that more money should be used if necessary to properly present the pamphlet to the public. Council Member Perkins was concerned about the length of the pamphlet and suggested that it be reduced to four pages because he didn't believe that most people would read nine pages of material. BIB] 05-24-1996-U01 07:41:07AM-U01 CCMIN-U02 05-U02 07-U02 1996-U02 +City Council Minutes 26 May 7, 1996 Mr. Genovese advised that staff would reduce it through typesetting as much as possible and would use different colors to bring attention to the varying issues. Council concurred on printing the cover letter on City letterhead with a red stripe down the side and using matching pages on the inside. MOTION It was moved by Council Members Sniff/Henderson to authorize expenditure of an amount not to exceed $6,000 from the Special Project Contingency account, 101-101-663-000, to distribute a City Charter informational pamphlet to La Quinta residences. Motion carried unanimously. MINUTE ORDER NO.96-75. CONSENT CALENDAR Item No.10 was pulled by Council Member Henderson due to a conflict of interest. 1. APPROVAL OF DEMAND REGISTER DATED MAY 7, 1996. 2. APPROVAL OF A MEMORANDUM OF UNDERSTANDING WITH CVAG. SETTING FORTH MUTUAL RESPONSIBILITIES RELATING TO REIMBURSEMENT PROCEDURES UNDER THE CMAQ/ISTEA-FUNDED COACHELLA VALLEY PM1O PROGRAM. 3. ADOPTION OF A RESOLUTION SUPPORTING CONGRESSIONAL APPROPRIATION OF LAND AND WATER CONSERVATION FUNDS TO BLM FOR ACQUISITION OF LANDS IN THE SANTA ROSA MOUNTAINS NATIONAL SCENIC AREA. 4. DENIAL OF CLAIM FOR DAMAGES FILED BY ASHLEY OVERLEY, DATE OF LOSS, SEPTEMBER 13, 1995 IN AN UNKNOWN AMOUNT. 5. AMENDMENT OF THE AUTHORIZED POSITIONS SCHEDULE ELIMINATING THE ENGINEERING TECHNICIAN POSITION AND ADDING A THIRD COUNTER TECHNICIAN. 6. APPROVAL TO SOLICIT QUOTATIONS FOR JANITORIAL SERVICES FOR CITY FACILITIES. 7. SEE BUSINESS SESSION ITEM NO. 12. BIB] 05-24-1996-U01 07:41:07AM-U01 CCMIN-U02 05-U02 07-U02 1996-U02 +City Council Minutes 27 May 7, 1996 8. APPROVAL OF OVERNIGHT TRAVEL FOR HECTOR GUZMAN, ASSISTANT ENGINEER I, TO ATTEND A GEOMETRIC DESIGN CLASS IN SAN DIEGO ON JUNE 13-14.1996. 9. ACCEPTANCE OF RIGHT-OF-WAY AND CERTAIN EASEMENTS LOCATED ADJACENT TO CALLE ESTADO AND DESERT CLUB DRIVE GERALD H. BOGAN AND SHARON M. BOGAN. 10. ADOPTION OF A RESOLUTION DECLARING INTENTION TO VACATE VARIOUS CERTAIN PARCELS OF STREET RIGHT-OF-WAYS IN THE COVE. Pulled for separate action.) 11. APPROVAL OF A REQUEST BY THE PARKS & RECREATION COMMISSION TO CONDUCT A VALLEY-WIDE MEETING OF THE PARKS & RECREATION COMMISSION. MOTION t was moved by Council Members Sniff/Adolph to approve the Consent Calendar as recommended and amended removal of Item No.7 and with the exception of Item No. 10) and with Item No.3 being approved by RESOLUTION NO.96-28. Motion carried unanimously. MINUTE ORDER NO. 96-76. Item No. 10 RESOLUTION NO.96-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING ITS INTENTION TO VACATE PORTIONS OF STREET RIGHT-OF-WAY AT VARIOUS LOCATIONS IN THE SANTA CARMELITA AT VALE LA QUINTA SUBDIVISION, UNITS NO.2, 3.4, 17, 18, 24, 25.27. AND 28. It was moved by Council Members Sniff/Adolph to adopt Resolution No.96-29 as submitted. Motion carried with Council Member Henderson ABSENT. RESOLUTION NO.96-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING ITS INTENTION TO VACATE A PORTION OF STREET RIGHT-OF-WAY IN THE SANTA CARMELITA AT VALE LA QUINTA SUBDIVISION, UNIT NO.17. BIB] 05-24-1996-U01 07:41:07AM-U01 CCMIN-U02 05-U02 07-U02 1996-U02 +City Council Minutes 28 May 7, 1996 It was moved by Council Members Sniff/Adolph to adopt Resolution No.98-30 as submitted. Motion carried with Council Member Henderson ABSENT. DEPARTMENT REPORTS...................continued C. NEW LEAF AWARD CEREMONY. Mrs. Juhola, City Clerk, advised that 128 students have qualified for the New Leaf Award Program. She asked when the Council wished to have the presentation ceremony. Council concurred on directing the City Clerk to schedule the ceremony at the La Quinta Middle School in early June STUDY SESSION None MAYOR AND COUNCIL MEMBERS' ITEMS 1 DISCUSSION OF DARK SKY ORDINANCE. Mayor Holt advised that some residents have voiced concern to her about the City's lack of security lighting, especially in the Cove. She suggested that the dark sky ordinance be reviewed and to find out if any new technology has been developed that would allow the installation of security lighting in strategic locations without disturbing the dark sky. Council concurred on directing staff to agendize a review of the dark sky ordinance. 2. DISCUSSION REGARDING COUNCIL SUBCOMMITTEES. Mayor Holt advised that this issue was discussed by Council earlier in the meeting. Council concurred on looking at the policy concerning Council Members serving on consultant selection committees and the reasons why the policy was adopted. BIB] 05-24-1996-U01 07:41:07AM-U01 CCMIN-U02 05-U02 07-U02 1996-U02 +City Council Minutes 29 May 7, 1996 3. DISCUSSION REGARDING THE CULTURAL COMMISSION. Continued to May 21, 1996. REPORTS AND INFORMATIONAL ITEMS Council Member Henderson questioned the appropriateness of the Cultural Commission planning a wine and cheese reception for the orientation of a task force that has not been brought before the Council. Council Member Sniff felt that an orderly process should be developed wherein Commissions can come before the Council in a timely manner and request Council approval before continuing with any function that deviates from being routine or normal as determined by staff. Council Member Perkins was disturbed about Commission meetings being held at private residences and expressed concern regarding the liability issues that might be involved. Council Member Sniff agreed and pointed out that the public may not feel comfortable attending a public meeting in a residence. He suggested that a policy be adopted that requires Commission meetings to be held at the Civic Center. Council Member Perkins felt that staff should have asked for approval before allowing such meetings. Council Member Adolph understood that staff has been directed to inform the Commissions that any meeting deviation must be approved by Council. Council Member Henderson pointed out that the Council approved the Human Services Commission?s mailing list which could be construed as an approval of the event. Council Member Adolph felt that such approvals should be clearly defined. Council Member Sniff felt that a policy should be drafted by the City Manager. Mr. Genovese, City Manager, suggested the development of a policy that is pertinent to all Commissions which will provide staff with written guidelines for the Commissions to follow. A draft policy can be brought back to the Council for consideration within the next few months. BIB] 05-24-1996-U01 07:41:07AM-U01 CCMIN-U02 05-U02 07-U02 1996-U02 +City Council Minutes 30 May 7, 1996 Council Member Henderson felt that some of these concerns might be addressed during the Council's review of the Commissions and asked when that was scheduled. Mr. Genovese advised that the Commission review is scheduled for late May or early June. Council Member Perkins wished to know a ballpark figure of how much staff time is spent working with the Commissions. Council Member Sniff pointed out that some of the Commissioners' terms expire on June 30th which leaves little time for the recruitment process and he felt that the review should move forward as soon as possible. Council Member Henderson felt that the Council would be remiss if appointments are made while the Commissions are under review. She pointed out that some of them might have to function short-handed until the reviews are finished. Council Member Sniff felt that the recruitment process for the Planning Commission and Investment Advisory Board should move forward since the Council has agreed that both of them should continue. Council concurred and directed the City Manager to develop a policy pertinent to all Commissions regarding various rules such as place of meetings, including a manner in which to process requests through the City Council, etc. Staff was also directed to bring back reviews of Boards and Commissions as soon as possible. All other reports were noted and filed. Council recessed to Redevelopment Agency meeting and to Closed Session as delineated on Page 21. Council concluded a Closed Session under Government Code Section No.54956.9(a) regarding a Settlement Agreement in the Buffin case and the City Attorney announced that the City Council authorized execution of the Settlement Agreement and release by unanimous vote. There being no further business, the meeting was adjourned. Resp fully submitted, S SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California BIB] 05-24-1996-U01 07:41:07AM-U01 CCMIN-U02 05-U02 07-U02 1996-U02