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1996 08 06 CC Minutes,L LA QUINTA CITY COUNCIL MINUTES August 6,1996 Regular meeting of the La Quinta City Council of August 6, 1 996 was called to order at the hour of 3:00 p.m. by Mayor Holt, followed by the Pledge of Allegiance. PRESENT: Council Members Henderson, Perkins, Sniff, Mayor Holt ABSENT: Council Member Adolph MOTION It was moved by Council Members Sniff/Henderson to excuse Council Member Adolph. Motion carried unanimously. PUBLIC COMMENT Vern Embery, 54-965 Avenida Vallejo, thanked the Council for not planting the Hammer date palm trees along Calle Tecate and destroying the mountain view. He felt that the hidden oasis site at the base of the mountain would be better and easier maintained. Joe Wassell, 77-500 CaIle Tecate, was unable to attend the last Council meeting, but wished to express his support regarding the planting of date palm trees along Calle Tecate. He felt that they would not only look good, but also help define the bike path across the top of the Cove and increase sale opportunities for vacant jots. He has submitted a petition signed by people in the area who support planting the trees along Calle Tecate. CONFIRMATION OF AGENDA Mr. Genovese, City Manager, advised that a request has been received from the Chamber of Commerce to remove Business Session Item No.2 from the agenda and Keith International has asked that Business Session Item No. 5 be moved to the evening session. Council Member Henderson asked that Consent Calendar Item No.7 be moved to Business Session Item No.9. MOTION It was moved by Council Members Sniff/Henderson to pull Business Session Item No.2 City Liaison to the Chamber of Commerce) from the agenda, move Consent Calendar Item No.7 Senior Center Parking Lot Expansion) to Business Session Item No. 9, and continue Business Session Item No, 5 AppeaL by Keith International) to the evening session. Motion carried unanimously. BIB] 09-30-1996-U01 02:45:06PM-U01 CCMIN-U02 08-U02 06-U02 1996-U02 ,LCity Council Minutes 2 August 6, 1996 APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of July 22, 1996 as submitted. Motion carried unanimously. ANNOUNCEMENTS None PRESENTATIONS Richard Oliphant, 45-500 Navajo Road, Indian Wells, Board Member for Cal-State University of San Bernardino, reviewed the status of a proposed four-year campus in the valley. The current satellite campus at C.O.D. was established in 1986 and currently graduates 165-175 students annually. The City of Palm Desert has dedicated land for the new facility. Under a proposed public/private partnership, the facility will be built through private funding and then turned over to the State university system to operate. A fund-raising professional is expected to be on board by the end of the year to help raise the $16.5 million needed for the initial phase within the next few years. Dr. Peter Wilson, Dean of Cal-State University C.0.D. Satellite Campus, advised that the new 200-acre facility will have direct freeway access and border on Cook Street, Frank Sinatra Drive, and Gerald Ford Drive. The University Chancellor has strongly indicated that this facility will be the next one looked at by the State, but the first step will be to establish a branch campus. In agreement with the City of Palm Desert, only 40 acres of the 200-acre site will be used for the branch campus until a separate university campus is declared by the State. Joint-uses, including those that have potential for generating revenue, will be identified for the remaining 160 acres until the university campus expands. He reviewed a conceptual drawing of the branch campus and advised that they anticipate opening in the year 2000 with up to 1,500 students. Only upper-division classes for bachelor degrees will exist until a separate university campus has been established which is not expected to happen for 10-15 years. They plan to offer courses through additional satellite facilities and cable television services. Mr. Oliphant pointed out that it's an ambitious plan that will bring a lot of amenities to the valley and require the cooperation of all the valley cities. He suggested that a City representative be appointed as a liaison to keep the Council updated on the progress of this project. BIB] 09-30-1996-U01 02:45:06PM-U01 CCMIN-U02 08-U02 06-U02 1996-U02 ,LCity Council Minutes 3 August 8, 1998 In response to Council Member Perkins, Mr. Wilson advised that the agreement with the City of Palm Desert provides for their name to be included in the university's name once it has been established as a four-year university. Council Member Sniff suggested that their request for a City representative be submitted in writing. WRITTEN CORRESPONDENCE 1. PETITION RECEIVED REGARDING PALM TREES ALONG CALLE TECATE. Council Member Sniff thanked Mr. Wassell for circulating the petition and felt that it constituted to some degree, a polling of the residents' feelings regarding this issue, noting that it contained approximately 60 sIgnatures. He felt that the oppositions' concerns had been addressed and appealed to the Council to reconsider this issue. The correspondence was noted and filed. BUSINESS SESSION 1. CONSIDERATION OF RESOLUTION APPROVING THE AGREEMENT RELATING TO THE CONSENT OF THE CITY OF LA QUINTA TO THE TRANSFER OF CONTROL OF THE FRANCHISE AGREEMENT GRANTED TO CONTINENTAL CABLEVISION, INC. TO U.S. WEST, INC. Ms. Honeywell, City Attorney, advised that the agreement allows for the transfer of the City's franchise agreement with Continental CableVision Inc. to U. S. West, Inc. The agreement was negotiated by Special Counsel Bill Marticorena who recommends its approval and it provides for his special counsel services to be paid by Continental. She advised that the existing franchise was reviewed for performance and found to be up to date. Bob Rubery, 41-725 Cook Street, Palm Desert, General Manager of Continental CableVision, Inc., advised that he was available for questions. Council Member Perkins was unhappy about the number of changes in ownership that have taken place with the cable company, noting that each one is always accompanied with assurance that it's the last change. BIB] 09-30-1996-U01 02:45:06PM-U01 CCMIN-U02 08-U02 06-U02 1996-U02 ,LCity Council Minutes 4 August 6, 1996 Council Member Sniff felt that merges are the nature of modern corporate business and didn't see any problem with the ownership changes. In response to Council Member Henderson, Mr. Rubery advised that the typo on Page 3, Section 5 a should read Transferee will specifically identify any Goodwill.... RESOLUTION NO. 96-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE TRANSFER OF CONTROL OF A CABLE TELEVISION FRANCHISE GRANTED TO CONTINENTAL CABLEVISION, INC. TO U.S. WEST, INC. It was moved by Council Members Sniff/Perkins to adopt Resolution No.96-82 as submitted. Motion carried unanimously. 2. CONSIDERATION OF A CITY LIAISON TO THE LA QUINTA CHAMBER OF COMMERCE. This item was pulled from the agenda see Confirmation of Agenda). 3. CONSIDERATION OF A LAW ENFORCEMENT BLOCK GRANT PROGRAM APPLICATION TO PURCHASE A KUSTOM' RADAR SPEED-MEASURING DEVICE AND TO INCREASE PATROL TIMES DURING HIGH-ACTIVITY PERIODS. Mr. Wilson, Management Assistant, advised that the proposed grant application would allow for the purchase of a second radar speed-measuring device as well as additional officer-patrol time during high-activity periods. To receive the funding the City must set up a trust fund, create an advisory board to review the proposal and make recommendations to the Council, hold at least one public hearing regarding the use of the funds, and provide a cash match of $2,934. The grant amount is $26,411, making the total proposal worth 29,345. Council Member Perkins noted that the City would own the equipment and supported the application because it would help slow down the traffic. Mayor Holt agreed and commented on the success of the Citys grant application program. BIB] 09-30-1996-U01 02:45:06PM-U01 CCMIN-U02 08-U02 06-U02 1996-U02 ,LCity Council Minutes 5 August 6, 1996 In response to Council Member Henderson, Mr. Wilson advised that the advisory board would meet once or twice to review the proposals from the Sheriffs Office and then make a recommendation to the Council for expenditure of the funds. Council Member Sniff didn't have a problem with it, noting that it's a short- term effort that has some significant value. MOTION- It was moved by Council Members Henderson/Sniff to approve the application for the Local Law Enforcement Block Grants Program to purchase a second KUSTOM radar speed-measuring device and to pay for additional costs for increased patrol times during high-activity periods. Motion carried unanimously. MINUTE ORDER NO.96-125. 4. CONSIDERATION OF RECOMMENDATION FROM THE CULTURAL COMMISSION TO AUTHORIZE THE APPOINTMENT OF A STEERING COMMITTEE FOR DEVELOPING A CULTURAL ARTS MASTER PLAN FOR THE CITY COUNCIL'S CONSIDERATION. Ms. Nicholson, Public Works Director, advised that the Work plan of the Cultural Commission includes the development of a Cultural Arts Master Plan that will identify goals and objectives to be accomplished in promoting the development of culture in the City. The Cultural Commission has requested authorization to appoint a steering committee to develop the plan as opposed to hiring an outside contractor. Council Member Henderson commented on the Council's recent discussions regarding the Commissions work plans and ordinances and pointed out that the Cultural Commission's ordinance states that their objective is to advise the Council on all matters affecting the culture of the City. She questioned why a lack of interaction exists between the Cultural Commission and the cultural groups that are funded by the City such as the La Quinta Arts Foundation, Community Concerts Association, Friends of the Library, Historical Society, La Quinta Arts Association, and Roundtable West. She felt that the Cultural Commission should invite these groups to attend their meetings and characterize their purposes and assess their goals, using that information in a document that would become the genesis of a Cultural Arts Master Plan and thereby reveal the areas that need attention. She felt that they are qualified to draft the master plan and wished to see them take inventory ot the culture that currently exists in the City. BIB] 09-30-1996-U01 02:45:06PM-U01 CCMIN-U02 08-U02 06-U02 1996-U02 ,LCity Council Minutes 6 August 6,1996 Council Member Perkins felt that the Cultural Commission was intended to be an umbrella commission over the City's cultural events and activities and he wasn't sure that that was happening. He wished to have a list compiled of the cultural activities that are taking place and those that are lacking. He was concerned that the Commission is going beyond its intent and would be spent on activities that are not consistent with the Commission's purpose. Council Member Sniff felt that its a positive and meaningful effort that would bring the various cultural organizations together. He felt that the Council should have an opportunity to review the steering committee list once it's developed, but felt that the Commission should be given some latitude to be creative and productive Mayor Holt felt that the Commission is capable of developing the master plan and that using a steering committee would help bring other cultural organizations into the loop. She suggested that dates be added to the schedule for developing the plan once the steering committee is formed and supported moving forward with it, noting that it is one of the main reasons the Commission was formed. Council Member Henderson didn't have a problem with the development of a master plan, but felt that the Cultural Commission was capable of handling it on their own and could seek the participation of others at a later time if needed, noting that input could be provided by simply inviting other groups to attend their meetings. She felt that areas of interest had been taken away from the Commission and that they should advise the Council on the arts and cultural organizations funded by the City. Kathryn Hull, 77-260 Calle Chillon, Cultural Commission Member, felt that the master plan would accomplish much of what the Council has expressed. The cultural groups that existed prior to the establishing of the Commission, already had independent programs in place and have not felt a need to report their activities to the Commission. They have been invited to send representatives to the Commission meetings, but only a few have attended and not on a consistent basis. The master plan will help establish communication between the organizations as well as identify what exists, what's missing, and what the community needs in the way of art and culture in the City. The Commission feels that the steering committee should be much broader than the six members of the Commission and consist of representatives from the art community as well as general public so that the Commission knows what the community needs and will support. They will provide a list of steering committee members for the Council to review and hope to have the master plan completed by June, 1997. BIB] 09-30-1996-U01 02:45:06PM-U01 CCMIN-U02 08-U02 06-U02 1996-U02 ,LCity Council Minutes 7 August 6, 1996 In response to Council Member Perkins, Ms. Hull advised that the master plan would be developed within the expertise of the Commission to which Council Member Perkins responded that he would then support it 100%. Council Member Henderson was disappointed that the other cultural groups haven't seen the need to attend the Commission meetings. She realized that the groups are all fairly well known, but believed that a master plan would clearly define which art and culture activities/events are available and which ones are missing. She didn't have a problem with a larger group meeting one time, but felt that the expertise for developing the master plan would lie within the smaller body of the Commission. Ms. Hull agreed, but felt that the Plan would receive greater support if more people were involved and providing input. The steering committee would only meet two or three times. Council Member Henderson advised that she would support a maximum of three workshop-type meetings. Council Member Sniff felt that its a good idea and that a one-year timeframe is important. He asked that the Council be updated on their progress. MOTION- It was moved by Council Member Sniff and Mayor Holt to approve the Cultural Commissions request to form a steering committee to help develop a Cultural Arts Master Plan for the City of La Quinta with regular updates on their progress provided to the Council. Council Member Perkins questioned the need for Council authorization and advised that his past criticism of the Commission was not intended as detrimental criticism, noting that he has supported the Commission from its beginning. Ms. Honeywell, City Attorney, advised that the Commission's request for Council authorization was in response to previous direction from Council. Mayor Holt pointed out that the Commission was criticized previously when they appointed a pageant committee without authorization. Mr. Genovese, City Manager, advised that the ordinance requires Council authorization to form steering committees, but may or may not include approval of steering committee members. BIB] 09-30-1996-U01 02:45:06PM-U01 CCMIN-U02 08-U02 06-U02 1996-U02 ,LCity Council Minutes 8 August 6, 1 996 Council Member Henderson felt that the motion should include a limitation on the number of meetings held. In response to Council Member Perkins, Ms. Hull advised that the steering committee as a whole would meet two or three times, but individual task forces would meet up to six or eight times on various parts of the project. They intend to meet as few times as possible, but asked that the number of meetings not be limited in case more meetings are necessary. Mayor Holt preferred placing a time limit on the project as opposed to. limiting the number of meetings. In response to Council Member Henderson, Ms. Honeywell advised that the steering committee sounds like a standing committee that would be subject to the Brown Act and cautioned them to be aware of any conflict of interests that might exist. Less formal meetings or workshops would not be subject to the Brown Act, including informal sub-groups that consist of volunteers and not formal appointments, The meetings would have to be open to the general public. Mr. Genovese pointed out that discussions within the workshop would give a full consensus of what the sub-groups would be discussing prior to their meetings Ms. Honeywell advised that groups responding to the Commission's request for information would not be considered sub-committees. In response to Council Member Perkins, Ms. Honeywell suggested that the motion be changed if the intent is to hold workshops instead of formal committee meetings. Motion was withdrawn. MOTION- It was moved by Council Member Sniff and Mayor Holt to approve the Cultural Commission holding a series of workshops to develop a Cultural Arts Master Plan for the City of La Quinta. Motion carried unanimously. MINUTE ORDER NO.96-126. 5. Seepage2l. BIB] 09-30-1996-U01 02:45:06PM-U01 CCMIN-U02 08-U02 06-U02 1996-U02 ,LCity Council Minutes 9 August 6, 1996 6. CONSIDERATION OF SELECTION OF BROKER/DEALER FOR CITY OF LA QUlNTAS LISTING OF FINANCIAL INSTITUTIONS. Mr. Falconer, Finance Director, advised that the City currently has two broker/dealers on its Listing of Financial Institutions. Staff recommended that William Blackwill, Diane Murphy, and Peter Morrison of Smith Barney of Newport Beach be approved as a third broker/dealer. He advised that this proposal has been reviewed and approved by the Investment Advisory Board. In response to Mayor Holt, Mr. Falconer advised that the estimated cost of $4,000 is for the service fee charged by the broker/dealer. MOTION It was moved by Council Members Sniff/Henderson to approve Mr. William Blackwill, Ms. Diane Murphy, and Mr. Peter Morrison of Smith Barney, Newport Beach, CA to be placed as a broker/dealer on the Listing of Financial Institutions for the City of La Quinta. Motion carried unanimously. MINUTE ORDER NO.96-127. 7. CONSIDERATION OF ADOPTION OF A RESOLUTION DIRECTING THE ENGINEER OF RECORD TO PREPARE THE PRELIMINARY ENGlNEERS REPORT FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 FOR FISCAL YEAR 1997/98. Mr. Genovese, City Manager, advised that this item was continued from the July 22, 1996 Council meeting. Staff recommended adoption of the resolution to begin preparation of the Engineers Report for FY 1997/98 and authorization of the Professional Services.Agreement with Berryman & Henigar. RESOLUTION NO.96-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DIRECTING THE ENGINEER OF RECORD TO PREPARE THE PRELIMINARY ENGlNEERS REPORT FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 FOR FISCAL YEAR 1997/98. It was moved by Council Members Sniff/Perkins to adopt Resolution No.96-63 as submitted. Motion carried unanimously MOTION It was moved by Council Members Sniff/Henderson to authorize execution of a Professional Services Agreement with Berryman & Henigar, Inc. for Landscape & Lighting Assessment District engineering services. Motion carried unanimously. MINUTE ORDER NO.96-128. BIB] 09-30-1996-U01 02:45:06PM-U01 CCMIN-U02 08-U02 06-U02 1996-U02 ,LCity Council Minutes 10 August 6, 1996 8. SECOND READING OF ORDINANCE. ORDINANCE NO.284 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA. CALIFORNIA, AMENDING TITLE 9 ZONING CODE) OF THE LA QUINTA MUNICIPAL CODE EXCEPT CHAPTER 9.160 SIGNS)), AND DELETING CHAPTERS 5.36, 5.37.5.64, 5.68, AND PORTIONS OF CHAPTER 5.72 AND SECTION 6.08.105. It was moved by Council Members Sniff/Perkins to adopt Ordinance No.284 on second reading. Motion carried by the following vote: AYES: Council Members Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSENT: Council Member Adolph ABSTAIN: None 9. CONSIDERATION TO RECEIVE BIDS FOR THE SENIOR CENTER PARKING LOT EXPANSION, PROJECT NO.96-03. Council Member Henderson felt that available funding should be used to complete the project in one phase instead of two. Mr. Genovese, City Manager, advised that the anticipated shortage of funds to complete both phases is based on the engineer's estimate, but is not definite at this time. He advised that funding options could be brought back to Council when they consider the bid award to which Council concurred. MOTION It was moved by Council Members Sniff/Henderson to authorize receipt of bids for the Senior Center Parking Lot Expansion Improvements. Motion carried unanimously. MINUTE ORDER NO.96-129. CONSENT CALENDAR APPROVAL OF DEMAND REGISTER DATED AUGUST 6. 996. 2. APPROVAL OF A REVERSION TO ACREAGE MAP FOR TRACT 28335-R APPLICANT: ROBERT R. TAYLOR AND MARY K. TAYLOR. BIB] 09-30-1996-U01 02:45:06PM-U01 CCMIN-U02 08-U02 06-U02 1996-U02 ,LCity Council Minutes 11 August 6, 1996 3. APPROVAL OF AMENDED AND RESTATED JOINT POWERS AGREEMENT OF THE COACHELLA VALLEY JOINT POWERS INSURANCE AUTHORITY. 4. ADOPTION OF A RESOLUTION AUTHORIZING CERTAIN EMPLOYEES TO ACQUIRE SURPLUS PROPERTY THROUGH THE CALIFORNIA STATE AGENCY FOR SURPLUS PROPERTY. 5. ACCEPTANCE OF IMPROVEMENTS FOR THE FRITZ BURNS PARK AND PALM ROYALE PARK, PROJECT NO.95-02. 6. APPROVAL OF A FINAL MAP AND SUBDIVISION AGREEMENT FOR TRACT 28340-1, PGA WEST, KSL LAND CORPORATION. 7. SEE BUSINESS SESSION ITEM NO.9. 8. AUTHORIZATION TO RECEIVE BIDS URBAN FORESTRY/BEAR CREEK IRRIGATION IMPROVEMENT PROJECT. 9. ADOPTION OF A RESOLUTION APPROVING THE CITY'S BENEFIT ASSESSMENT UNIT RATES FOR COUNTY SERVICE AREA 152 FOR FISCAL YEAR 1996/97. 10. APPROVAL OF A FINAL MAP AND SUBDIVISION AGREEMENT FOR TRACT 27952, RANCHO LA QUINTA T. D. DESERT DEVELOPMENT. 11. APPROVAL OF OVERNIGHT TRAVEL FOR THE PARKS & RECREATION DIRECTOR, SENIOR CENTER SUPERVISOR, RECREATION SUPERVISOR, AND ONE PARKS & RECREATION COMMISSIONER TO ATTEND THE CALIFORNIA PARKS AND RECREATION SOCIETY CONFERENCE IN SACRAMENTO. CALIFORNIA, MARCH 13-16.1997. 12. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO REVIEW REQUESTS FOR DETERMINATION OF PUBLIC CONVENIENCE AND NECESSITY FOR ALCOHOLIC BEVERAGE SALES LICENSE, PURSUANT TO BUSINESS AND PROFESSIONS CODE SECTION 23958.4. MOTION It was moved by Council Members Sniff/Perkins to approve the Consent Calendar as amended with Item Nos. 4, 9, and 12 being approved by RESOLUTION NOS. 96-64, 96-65, and 96-66 respectively. Motion carried unanimously MINUTE ORDER NO.96-130. BIB] 09-30-1996-U01 02:45:06PM-U01 CCMIN-U02 08-U02 06-U02 1996-U02 ,LCity Council Minutes 12 August 6, 1996 STUDY SESSION DISCUSSION REGARDING SENIOR CENTER RENTAL POLICY. Ms. Nicholson, Parks & Recreation Director, advised that the Senior Center's rental policy was adopted on February 7, 1995 and reviewed by Council on March 7 and August 1, 1995 without any changes being made, but Council concurred on reviewing it again at a later date. A total of $12,821 was received in rental revenue from July 1, 1995 through April 30, 1 996, with the church use on Sundays being the major source of revenue. She reviewed some of the policies regarding hours of operation and rental fees and advised that a comparison of like-government facilities is contained in the staff report. The noticeable differences in the comparison were that other agencies include staff time in their rental fees and hours of availability in their policies, alcohol use is allowed, and there's no limit on advance reservations. In reviewing a rate comparison, she noted that many of the facilities offer non-profit and government agencies a discount rate. The liability requirements vary from one agency to the next, but La Quintas requirements seem to be in the middle of the two extremes. Additional safety measures that can be required include private security, adult-to-children ratios, and a comprehensive cancellation policy that includes risk to life or facility as a reas6n for immediate cancellation. She suggested the following policy issues for Council to review and consider: 1) alcohol use on the premises, 2) inclusion of hours of availability in the policy, 3) review of insurance requirements, 4) sliding-fee scale for non-profit organizations, 5) advance reservations beyond six months, and 6) staffing requirements. In response to Council Member Henderson, Ms. Nicholson advised that at the present time, private renters of the Sports Complex facility are not required to provide liability insurance. In response to Council Member Perkins, Ms. Nicholson advised that the Sports Complex can be rented through the Parks & Recreation Department. Sports groups are required to provide liability coverage. Council concurred on taking the issues one at a time. Alcohol Use Council Member Sniff and Mayor Holt expressed opposition to the allowance of alcohol under the Senior Center's rental policy. BIB] 09-30-1996-U01 02:45:06PM-U01 CCMIN-U02 08-U02 06-U02 1996-U02 ,L City Council Minutes 13 August 6, 1996 Council Member Perkins didn't have a problem with allowing a one-day license for alcohol use if the facility is rented for a specific purpose. Mayor Holt was concerned that some groups may not be responsible and cause damage to the facility and pointed out that the City can't be selective in restricting alcohol use. Council Member Henderson wished to explore ways to make this a manageable item if possible by requiring a higher deposit, an ABC permit, and on-site staff that could cancel the function should activities get out of control. Council Member Perkins suggested that security guards be required. In response to Council Member Perkins, Ms. Honeywell advised that alcohol use can't be limited to non-profit groups unless the rental is also limited to non- profit groups. Mr. Genovese, City Manager, advised that this issue could be brought back for further discussion at a later date and that policy language could be added to require a certain number of security guards for a certain number of people in attendance. Council Member Sniff felt that having a requirement to provide armed guards implies a potential problem which he felt proves a point that alcohol shouldn't be allowed. Council Member Perkins saw it as a preventive measure that could be required with or without alcohol use. Ms. Nicholson advised that other facilities allowing alcohol use require private security and their policies are broad enough to allow cancellation of the functions if the facility or individuals become at risk. Hours of Availability: Council concurred on the inclusion of hours of availability in the policy. Insurance Requirements for Renters: Mr. Genovese asked if the Council wished to have a sliding scale on the insurance requirements. BIB] 09-30-1996-U01 02:45:06PM-U01 CCMIN-U02 08-U02 06-U02 1996-U02 ,LCity Council Minutes 14 August 6, 1996 Council concurred on having the issue reviewed and brought back to Council for consideration. Sliding Scale fnr Local Non-Profit Organizations: In response to Mayor Holt, Ms. Honeywell advised that it's legal to provide a sliding scale for local non-profit groups as long as it applies to all local non- profit groups without looking at what the group does. Council Member Henderson suggested that City-funded, non-profit groups receive a limited number of rental uses as part of their funding instead of charging them rental fees; Ms. Honeywell advised that such a provision would have to be included in their contracts, not this policy. Advance Reservations: In response to Council Member Henderson, Ms. Nicholson advised that the church group currently using the facility on Sundays is the only organization reserving it on a regular basis and the current policy only allows for a six- month advance reservation. Ms. Honeywell advised that the six-month limit was set because of the church use and any extension would apply to all renters. Ms. Nicholson advised that anyone wishing to use the facility for a wedding reception would need an advance reservation to be able to order invitations. Mayor Holt felt that if the purpose for renting the facility is to generate revenue, then the church should be allowed to reserve it for an extended period of time rather than take a chance of having it used less and reduce the revenues. Council Member Sniff felt that one year wouldn't be out of line for renters that rent it consistently. Council Member Henderson felt that three to six months should be sufficient. Mayor Holt felt that the church would probably need assurance of a meeting place on a consistent basis rather than have to occasionally find an alternate site because of the facility being rented out for another event and was concerned about losing revenues if such advance reservations aren't allowed. BIB] 09-30-1996-U01 02:45:06PM-U01 CCMIN-U02 08-U02 06-U02 1996-U02 ,LCity Council Minutes 1 5 August 6, 1996 Council Member Henderson was concerned that if four or five different organizations reserve it on a consistent basis that the facility could virtually be taken off of the market and questioned if the purpose was to produce revenue or to have a facility available for the entire community to use. Mr. Genovese advised that it's a consistent problem with each of the City's facilities because of their limited number. If the Council determines that the purpose of renting the facility is not to generate revenue, then many of the items within the policy would not be needed. tn response to Council Member Perkins Ms. Nicholson advised that several requests have been received to reserve the facility for wedding receptions which need reservations eight or nine months in advance. Deposits are required for advance reservations. Council Member Perkins didn't have a problem with a one-year advance reservation policy. Council concurred Fee structure Ms. Nicholson recommended that rental and staff cost be combined into one rental fee to which Council concurred. Addition of Policy Language Regarding Staffing RequiremEnts: in response to Mayor Holt, Ms. Nicholson advised that renters have looked at the staffing requirement as an option because of the two separate fee schedules and she felt that additional language in the policy and the combined rental fee would help clarify that issue. Council concurred. Mr. Genovese advised that a revised Senior Center Rental Policy would be brought back to Council for their review and approval. 2. DISCUSSION REGARDING THE COMMUNITY SERVICE GRANT PROCESS. Ms. Nicholson, Parks & Recreation Director, advised that $40,000 has been allocated in this year's budget for the Community Service Grant Program which is in its 11th year of funding. The process used for the last two years has BIB] 09-30-1996-U01 02:45:06PM-U01 CCMIN-U02 08-U02 06-U02 1996-U02 ,LCity Council Minutes 16 August 6, 1996 advertise the program, screen the applications for compliance, and present them to Council for funding consideration. She reviewed this year's tentative schedule should the process remain the same which included Council approval of the program on September 17, advertising from October 1-23, and after reviewing the applications, Council consideration of the funding requests on November 5, 1996. Mayor Holt advised that she has always had a problem with thF5 process and wished to see it changed to either 1) accepting and considering applications as they are submitted throughout the year without advertising or 2) direct staff to review the applications and make recommendations to Council regarding which ones are qualified and how much each organization should receive to avoid the free-for-all that has happened in the past. Council Member Sniff advised that he, too, has a significant discomfort level with advertising the grants and felt that the City is not in a position to solicit opportunities to give money away. He felt that theres no perfect formula for helping everyone that applies, but preferred having staff review the applications and not advertising their availability. As an alternative, he suggested that the applications be reviewed by the Human Services Commission with a recommendation forwarded to Council. Council Member Perkins supported revising the process and felt that a definite criteria should be set for determining the funding. He felt that the funds should be used to help organizations that need it now, not necessarily on a continual annual basis. Council Member Henderson supported the process being revised and felt that the commissions should interview existing non-profit organizations during the next year to find out which ones provide a service to the City and what their potential needs are. She believed that the applications should be referred to the appropriate commission for review and recommendation to Council since the Council has determined that the commissions have a purpose and specific interests. She felt that doing otherwise leaves them out of the system. Mayor Holt felt that was a good solution. Council Member Perkins felt that a deadline should be set and kept if the formal process is used. Council Member Sniff didn't have a problem with referring the applications to the appropriate commission for review and recommendation, but was opposed to advertising the program by soliciting applications. He also felt that a reserve BIB] 09-30-1996-U01 02:45:06PM-U01 CCMIN-U02 08-U02 06-U02 1996-U02 ,LCity Council Minutes 17 August 6, 1996 should be maintained for needs that come up during the year and that the commissions should be aware that the funds are limited. Council Member Henderson felt that a break in the annual routine would possibly prevent organizations from including anticipated City funding in their annual budgets. Mayor Holt felt that the funding requests should be examined to determine if they are for a new need or a continued funding of the same program. Council Member Sniff pointed out that some organizations need consistent help until they receive sufficient basic funding to operate such as the Friends of the Library. Council Member Henderson agreed and wished to see the Friends of the Library taken out of this process and addressed during the budget process instead Mayor Holt was in favor of maintaining the same funding amount and allocating the funds on a case-by-case basis as the needs come up during the year. She also supported having the commissions review the requests and make recommendations to Council. Council Member Perkins felt that each commission should know that they are not the only commission making funding recommendations to the Council. Mr. Genovese advised that staff would bring back a defined program for Councils review that includes criteria for determining which commissions should review the funding requests as well as a criteria for them to use in determining whether or not an organization should be funded and by how much. Upon each funding request, the commissions could be updated on how much funding is available. Council Member Henderson pointed out that organizations applying for this grant program are asked to provide budget information with their funding request submittals of $1,OOO-$5,OOO and yet big money" is appropriated to other organizations without requesting anything near the same type of reporting Council Member Perkins pointed out that grant applications were reviewed by the Community Services Commission until it was eliminated in 1994. BIB] 09-30-1996-U01 02:45:06PM-U01 CCMIN-U02 08-U02 06-U02 1996-U02 ,LCity Council Minutes 18 August 6, 1996 REPORTS AND INFORMATIONAL ITEMS All reports were noted and filed. DEPARTMENT REPORTS 1. TRANSMITTAL OF SHERIFF'S STATION COMMANDER REPORT FOR THE FOURTH QUARTER FISCAL YEAR 1995/96. in response to Council Member Henderson, Lieutenant Pittman, of the Sheriff's Office, advised that they have added patrols in an effort to reduce the increased grand theft of items such as stereos and cellular phones. He pointed out that such thefts are encouraged by leaving vehicles and garages unlocked. In response to Mr. Genovese, City Manager, Lieutenant Pittman advised that most of these incidents have taken place where a large volume of parked cars exist such as in shopping centers. MAYOR AND COUNCIL MEMBERS' ITEMS None Council recessed to Redevelopment Agency meeting. Council reconvened and recessed to Closed Session to and until the hour of 7:00 p.m. CLOSED SESSION 1. Conference with legal counsel regarding ongoing litigation Dr.. Tynberg. Eminent Domain Case No.088851, pursuant to Government Code Section 54956.9(a). 2. Conference with legal counsel regarding potential litigation pursuant to Government Code Section 54956.9(b)(3P(C). 3. Conference with legal counsel regarding ongoing litigation Granite Construction, Case No. 086195, pursuant to Government Code Section 54956.9(a). 4. Conference with City's real property negotiator pursuant to Government Code Section 54956.8, concerning the potential terms and conditions of acquisition and/or disposition of real property located at the northwest corner of Jefferson Street and Highway 111. Property-Owner Negotiator: Greg George. BIB] 09-30-1996-U01 02:45:06PM-U01 CCMIN-U02 08-U02 06-U02 1996-U02 ,LCity Council Minutes 19 August 6, 1996 5. Conference with City's real property negotiator pursuant to Government Code Section 54956.8, concerning the potential terms and conditions of acquisition and/or disposition of real property located south of Highway 111, between Adams Street and Dune Palms Road. Property-Owner Negotiator: Christine Clarke. 7:00P.M. PUBLIC COMMENT None PUBLIC HEARINGS 1. SPECIFIC PLAN 83-002, AMENDMENT NO.3, APPROVING AN UPDATE TO THE PGA WEST SPECIFIC PLAN INCLUDING GRAPHIC. TEXT, AND DEVELOPMENT STANDARD CHANGES Ms. di Iorio, Planning Manager, advised that staff has worked with KSL Land Corporation to update PGA West Specific Plan No. 83-002, including incorporation of the two previous amendments. Amendment No.1 allowed an ncrease in hotel rooms to 1,000 rooms and a building height to six stories. Amendment No.2 increased the area by 21 acres. The Specific Plan includes all outstanding conditions of approvals, specifically public services and traffic and circulation. Specific development standards have been added for all land uses and the residential density remains the same. The Planning Commission recommended approval of the specific plan on June 25, 1996. The Mayor declared the PUBLIC HEARING OPEN. There being no one wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. RESOLUTION NO. 96-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA. CALIFORNIA, ANNOUNCING FINDINGS AND APPROVAL OF SPECIFIC PLAN 83-002, AMENDMENT NO.3. It was moved by Council Members Sniff/Henderson to adopt Resolution No. 96-67 as submitted. Motion carried unanimously. BIB] 09-30-1996-U01 02:45:06PM-U01 CCMIN-U02 08-U02 06-U02 1996-U02 ,LCity Council Minutes 20 August 6, 1996 2. SPECIFIC PLAN 96-027, CONDITIONAL USE PERMIT 96-028, AND ENVIRONMENTAL ASSESSMENT 96-325, TO ALLOW A 218,300 SQ. FT. RETAIL CENTER INCLUDING 129,800 SQ. FT. HOME DEPOT) ON 20+ ACRES, LOCATED NORTHWEST OF THE INTERSECTION OF HIGHWAY 111 AND JEFFERSON STREET. APPLICANT: HOME DEPOT, USA, INC. Mayor Holt abstained due to a conflict of interest and left the dais. Ms. Honeywell, City Attorney, advised that a continuance has been requested on this item due to the Planning Commissions action not being completed. MOTION It was moved by Council Members Sniff/Henderson to continue this item Specific Plan 96-027 and Conditional Use Permit 96-028) to September 17, 1996. Motion carried with Mayor Holt ABSENT. MINUTE ORDER NO.96- 131. JOINT PUBLIC HEARING WITH THE LA QUINTA REDEVELOPMENT AGENCY 3. LEASE TRANSACTION BETWEEN THE REDEVELOPMENT AGENCY, THE CITY OF LA QUINTA, AND THE UNITED STATES POSTAL SERVICE FOR PROPERTY ALONG THE SOUTH SIDE OF THE EXISTING POST OFFICE PARKING LOT WITH AN ADDRESS OF 51-350 AVENIDA NAVARRO. Ms. di Iorio, Planning Manager, advised that the proposed five-year lease agreement between the City, Redevelopment Agency, and the United States Postal Service is for two vacant, undeveloped lots directly adjacent to and south of the existing Post Office and is for the purpose of expanding their postal services. The agreements provide for the Postal Service to install a temporary trailer, paving, and curb and gutter improvements and for the City to provide 200 feet of.fencing and lighting. Staff recommended that the lease agreement and sub-lease agreement be adopted, that the Mayor be authorized to execute the agreements, and that funds be appropriated for the fencing and lighting. The Mayor declared the PUBLIC HEARING OPEN. There being no one wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. BIB] 09-30-1996-U01 02:45:06PM-U01 CCMIN-U02 08-U02 06-U02 1996-U02 ,LCity Council Minutes 21 August 6, 1996 RESOLUTION NO.96-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A FIVE-YEAR LEASE AGREEMENT BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY, THE CITY OF LA QUINTA. AND THE UNITED STATES POSTAL SERVICE FOR PROPERTY TO BE USED FOR THE SPECIFIC PURPOSE OF POSTAL SERVICE TO THE CITY. It was moved by Council Members Sniff/Henderson to adopt Resolution No.96- 68 as submitted. Motion carried unanimously. In response to Council Member Perkins, Mr. Genovese, City Manager, advised that the lots would be used for parking and placement of the temporary trailer. BUSINESS SESSION...................continued 5. CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO REQUIRE WOOD RATHER THAN METAL CARPORTS AND SPECIFIC SUPPORT POST LOCATION STANDARDS FOR THE FUTURE TERRACINA APARTMENT COMPLEX CUP 96-023 AND PP 96-571) ON THE WEST SIDE OF WASHINGTON STREET, 700 FEET NORTH OF CALLE TAMPICO. APPLICANT: KEITH INTERNATIONAL, INC. FOR USA PROPERTIES. Ms. di Iorio, Planning Manager, advised that this project was reviewed by the Planning Commission on June 25, 1996, at which time they required the applicant to construct the carports out of wood material instead of metal to be more compatible with the Mediterranean design of the buildings. They also required the applicant to move the support posts so as not to interfere with the opening of car doors. The applicant appealed the Planning Commission's decision on July 8, 1996. Staff recommended that the Council uphold the action of the Planning Commission. In response to Mayor Holt, Ms. di Iorio advised that under the new Zoning Code, support posts are not allowed within the first six feet of the front of the parking stall. Mike Rowe, 41-865 Boardwalk, Palm Desert, representing Keith International, Inc., advised that their proposed landscape and carport design plans are similar to other projects in the area as well as their project in Cathedral City. He advised that changing the construction material and moving the support posts would increase their construction costs and he hoped that an alternative could BIB] 09-30-1996-U01 02:45:06PM-U01 CCMIN-U02 08-U02 06-U02 1996-U02 ,LCity Council Minutes 22 August 6, 1996 be found that would achieve what the Council and Planning Commission both want, yet make the project cost-effective and feasible. In response to Mayor Holt, Mr. Rowe advised that the carports at The Seasons are constructed out of metal. Art May, 200-B Douglas Boulevard, Suite 1 50, Roseville, Vice President of Project Development for USA Properties Fund, Inc., stated that in hot-weather areas wood structures are maintenance nightmares that tend to deteriorate in three to five years. The proposed carport design is identical to The Seasons project and was designed by the same company. The support-post construction that they propose is eight feet from the front of the cantilever and six feet from the curb. It will cost an additional $1,700 per parking stall a total of $150,000) to construct the carports out of wood and changing to a two-post-type carport will require a redesign of the plans and further plan submittals to lID which will cause major delays to the project. He presented photographs of similar carports constructed in Cathedral City. In response to Council Member Henderson, Mr. Rowe advised that the plans would have to be resubmitted to lID because the redesign would change the lateral placements. He advised that the additional costs would be a financial hardship for the project. In response to Council Member Perkins, Mr. Rowe explained that two-post carports require an additional 18-inch clearance on each side which increases the total size of the carport structure and requires redesign of the entire parking area. The costs to construct a one-post carport system out of wood is prohibitive. Mr. May advised that most cities prefer metal carports over wood because of the maintenance factor Mayor Holt advised that she was informed by four different contractors that wood does not look good very long in extreme-heat areas. Council Member Perkins was concerned about the support posts being in the way of opening car doors. Mr. Rowe advised that the posts would be at the front quarter panel of the car and not directly across from the door. In response to Mayor Holt, Mr. May advised that their proposed posts are identical to those constructed at The Seasons. They're willing to move the BIB] 09-30-1996-U01 02:45:06PM-U01 CCMIN-U02 08-U02 06-U02 1996-U02 ,LCity Council Minutes 23 August 6, 1996 posts back six feet as required if they're allowed to use metal for the carport construction. Council Member Henderson pointed out that there wasn't much discussion about the support posts at the Planning Commission meeting. She wasn't satisfied with their placement, but felt that the applicant is being asked to construct the carports according to the current ordinance when the project began under the previous ordinance. She felt, however, that a comparison with The Seasons project was unfair because of the difference in visibility between the two projects. Mayor Holt didn't object to metal construction, but wished to have the posts moved. Council Members Sniff and Henderson concurred. Council Member Perkins pointed out that metal also deteriorates in the desert and he didn't feel that it would last much longer than wood which is far more attractive. He was in favor of supporting the Planning Commission's decision. MOTION It was moved by Council Member Sniff and Mayor Holt to grant the appeal by Keith International, Inc. on behalf of USA Properties Fund, Inc., in regard to using metal construction instead of wood and require that the posts be moved to clear the doorways at eight feet. Mr. Rowe asked if the requirement to plant vines at the posts would be eliminated since it would be difficult for them to grow with the posts setting three feet back from the curb. In response to Mr. Genovese, City Manager, Ms. di Iorio advised that that issue was not included in the appeal. Mayor Holt advised the applicant that that issue could not be addressed now since it was not included in the appeal. Motion carried with Council Member Perkins voting NO. MINUTE ORDER NO. 96-132. Council recessed to Closed Session as delineated on Page 18. BIB] 09-30-1996-U01 02:45:06PM-U01 CCMIN-U02 08-U02 06-U02 1996-U02 ,LCity Council Minutes 24 August 6, 1996 Council reconvened with no decision being made which requires reporting pursuant to Section 54957.1 of the Government Code Brown Act). There being no further business, the meeting was adjourned. Respectfully submitted, %c<, PHYLLIS MANLEY, Deputy City Clerk City of La Quinta, California BIB] 09-30-1996-U01 02:45:06PM-U01 CCMIN-U02 08-U02 06-U02 1996-U02