1996 09 17 CC Minutes,i LA QUINTA CITY COUNCIL
MINUTES
September 17, 1996
Regular meeting of the La Quinta City Council of September 1 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
PUBLIC COMMENT None
CONFIRMATION OF AGENDA
Mr. Genovese, City Manager, asked that Consent Calendar Item No. 11 be pulled
from the agenda to reschedule for a future agenda.
Ms. Honeywell, City Attorney, advised that the City has received a letter from the
City of lndio threatening litigation regarding Public Hearing Item No.2 Home Depot)
and she asked that an item be added to the Closed Session agenda pursuant to
Government Code Section 54956.9(b)(3)(C) to discuss the potential litigation. She
advised that the letter was available for review in the City Clerks office.
MOTION It was moved by Council Members Sniff/Henderson to pull Consent
Calendar Item No.11 Acceptance of Improvements to Tracts 20052-4 and 20052-6)
from the agenda and add a Closed Session item regarding potential litigation by the
City of Indio. Motion carried unanimously.
APPROVAL OF MINUTES
MOTION It was moved by Council Members Sniff/Perkins to approve the City
Council Minutes of August 6, 1996 as submitted.
Council Member Adolph spoke to the Minutes in regards to Public Hearing Item No.
1 PGA West Specific Plan). He felt that a six-story hotel facility would be a violation
of the City's new Zoning Ordinance and that it's inappropriate for the City to imply
that such a facility could be built.
Motion carried with Council Member Adolph ABSTAINING.
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MOTION It was moved by Council Members Sniff/Henderson to approve the City
Council Minutes of August 20 and September 3, 1996 as submitted. Motion carried
unanimously.
ANNOUNCEMENTS None
PRESENTATIONS
Mayor Holt presented a plaque to Norris Bernard in appreciation for his service on the
Human Services Commission.
Mr. Bernard introduced Mr. Ernie Cotten as the new Manager of the Coachella Valley
Service Center for the Riverside Chapter of the American Red Cross.
WRITTEN CORRESPONDENCE
1. LETTER FROM PAUL ANDERSON RESIGNING FROM THE PLANNING
COMMISSION.
Council Member Sniff suggested that a letter of appreciation be sent to Mr.
Anderson for his service on the Planning Commission. He also suggested using
the most recent applications on file to fill the vacancy and agendizing the
appointment for October 1,.1996.
Council Member Henderson suggested opening it up for recruitment as well as
using the applications on file.
Council Member Sniff agreed and suggested that it be advertised in the
newspaper.
Council concurred on accepting new applications and scheduling the
appointment for October 1 5, 1 996.
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2. LETTER FROM HONEY ATKINS RESIGNING FROM THE RIVERSIDE CITY AND
COUNTY FREE LIBRARY ADVISORY COMMITTEE.
Mayor Holt noted that Mr. Robert Atkins has volunteered to serve on the
committee.
Council concurred on sending a letter of appreciation to Ms. Atkins for her
service on the Riverside County Free Library Advisory Committee.
MOTION It was moved by Council Members Sniff/Adolph to appoint Mr.
Robert Atkins to the unexpired term on the Riverside County Free Library
Advisory Committee. Motion carried unanimously. MINUTE ORDER NO.96
133.
3. LETTER FROM KATE KELLY RESIGNING FROM THE HUMAN SERVICES.
COMMISSION.
Council Member Sniff suggested that a letter of appreciation be sent to Ms.
Kelly for her service on the Human Services Commission. He felt that the
commissions need to be dealt with at an early date because he felt that they
would work far more efficiently with a full compliment of people.
Council Member Perkins noted that this resignation reduces the Commission
to five members which he felt was sufficient and he wasn't in favor of filling
the vacancy.
In response to Council Member Henderson, Mr. Genovese, City Manager,
advised that discussion of the commissions is scheduled for sometime in the
Fall, but in the interim, Council decided that each vacancy/appointment would
be handled on a case-by-case basis. The earliest date for agendizing the
discussion would be October 1 5, 1996.
4. LETTER FROM THE AMERICAN YOUTH SOCCER ORGANIZATION
REQUESTING A FINANCIAL CONTRIBUTION.
Council concurred on referring this request to the Parks & Recreation
Commission and that the applicant should also contact Coachella Valley
Recreation & Park District for financial assistance.
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5. LETTER FROM LA QUINTA ARTS FOUNDATION REQUESTING AN EXTENSION
OF TIME OF THEIR LEASE AGREEMENT.
Council Member Perkins wished to review the lease agreement and discuss the
City's goals for the Civic Center campus before taking any action.
Council Member Sniff suggested that since the lease agreement has expired,
the request be agendized for the next Council meeting to consider granting a
one year extension while the Council reviews their goals for the Civic Center
campus
Council Member Perkins felt that it's important for the Council to determine
which direction they wish to go with the campus before extending the lease.
Council concurred on agendizing the extension request for October 1, 1 996.
6. LETTER FROM TONI BROWN, PRESIDENT OF LA QUINTA HIGH SCHOOL
BLACKHAWKS' BRIGADE BOOSTERS REQUESTING FINANCIAL
CONTRIBUTION.
Toni Brown, 79-225 Westward Ho Drive, President of La Quinta High School
Blackhawks Brigade Boosters, introduced the band's Drum Major, Tarra B.ugg.
Tarra Bugg, 79-225 Westward Ho Drive, commented on the importance of
music in students' lives and urged the Council to consider the Brigade's
request for help. She stated that they expect to maintain the program in future
years through fundraising and student band fees.
Council Member Perkins was in favor of supporting this type of activity.
Council Member Sniff suggested that the request be agendized for the next
meeting and that staff meet with the band's representative to determine their
budget and need prior to the meeting.
Council concurred.
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BUSINESS SESSION
CONSIDERATION OF A RECOMMENDATION OF THE HISTORICAL
PRESERVATION COMMISSION TO ENTER INTO A CONTRACT WITH MELLON
& ASSOCIATES TO CONDUCT A HISTORIC RESOURCES SURVEY OF THE
CITY AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACT
AND APPROPRIATE THE NECESSARY FUNDS IN AN AMOUNT NOT TO
EXCEED $15,000 TO BE REIMBURSED BY THE APPROVED CLG GRANT IN
CONJUNCTION WITH THE IN-KIND SERVICES AND SUPPLIES PROVIDED BY
THE CITY IN AN AMOUNT NOT TO EXCEED $13,616.53.
Ms. di Iorio, Planning Manager, advised that the City has been awarded a
$15,000 grant by the State Historic Preservation Office to conduct a historic
resources survey. The City will provide $13,616.53 in matching funds through
in-kind services. The Consultant Selection Committee and the Historic
Preservation Commission have recommended that the contract be awarded to
Mellon & Associates.
In response to Council Member Adolph, Ms. di Iorio advised that the scope of
services outlined in the contract meet the State's requirements.
Council Member Henderson suggested that the in-kind services amount be
rounded off to $13,617.
MOTION It was moved by Council Members Sniff/Adolph to approve the
contract with Mellon & Associates, authorize the City Manager to sign the
contract, appropriate the funds in an amount not to exceed $15,000, and in
conjunction with approved in-kind services in an amount not to exceed
$13,617. Motion carried unanimously. MINUTE ORDER NO.96-134.
2. CONSIDERATION OF A CONTRACT SERVICE AGREEMENT WITH LA QUINTA
PRODUCTIONS. FOR FISCAL YEAR 1996/97.
Ms. Nicholson, Parks & Recreation Director, advised that the Cultural
Commission has recommended approval of the proposed contract services
agreement for Fiscal Year 1996/97 with La Quinta Productions, Inc. for the
purpose of pursuing development of an outdoor theatrical event that is
expected t6 encourage cultural enrichment and promote tourism. The Council
allocated $5,000 in July, 1995, to investigate the possibility of producing such
an event and on April 16, 1996, listed the project as an unapproved item for
consideration during the budget review in June, 1996, at which time $15,000
was appropriated for the La Quinta Pageant. She advised that La Quinta
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Productions, lnc.,who plans to produce the pageant, has filed for non-profit
status. The total cost this year will be $44,000 and the Cultural Commission
recommends first-year funding from the City in the amount of $13,500, noting
that there was a balance of $1,500 from the previous allocation of $5,000.
The funds will be used for recruiting personnel, script and songwriting,
choreography, and set development.
Kathryn Hull, 77-260 Calle Chillon, Cultural Commission Chairperson, advised
that the Commission developed the idea and plan for the pageant, but the
production will be handled by La Quinta Productions, Inc. The Commission
feels that its a wonderful idea and that the individuals involved with its
production are very capable.
Audrey Ostrowsky, P. 0. Box 351, felt that the Citys first obligation is to
provide streets and sewers, noting that the properties without such
improvements have decreased in value.
In response to Council Member Henderson, Ms. Nicholson advised that it's an
annual contract and the scope of services for this year include pre-production
work only. Second and third-year funding requests are expected to be
submitted in subsequent years.
Council Member Henderson felt that interim reporting should be done on a
regularly basis instead of upon request.
Council Member Sniff suggested an interim report at six months.
Council Member Henderson questioned the plan for a Memorial weekend
production because of hot weather conditions.
Honey Atkins, 52-740 Avenida Madero, President of La Quinta Productions,
Inc., advised that over an 11-year period the weather for that weekend ranged
from 700 to 1050.
Council Member Sniff wished to have some indication regarding the amounts
of subsequent funding requests. He, too, was concerned about a Memorial
weekend production because of the warm weather, upcoming graduation
services, and the absence of many winter residents and he suggested that they
look at an.earlier date.
Mayor Holt supported the funding request and commented on the amount of
work that has already gone into planning the event and the economic impact
it will have on the community.
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In response to Council Member Adolph, Judy Vos8ler, 46-555 Cameo Palms,
advised that La Quinta Productions, Inc. will have a contract to hold the event
at the tennis resort once their incorporation is completed. They expect the
production to begin at dusk and continue into the evening.
In response to Council Member Perkins, Ms. Vossler advised that Viva
Foundation will match the City's funding and the remaining funds will come
from fundraising. The amounts of subsequent funding requests will depend on
the success of their fundraising efforts. La Quinta Productions, not the City,
will be responsible for any revenue losses should the event be less successful
than anticipated. All expenses are expected to be covered prior to ticket sales.
Council Member Henderson commented on the amount of funding that is
directed toward marketing the City, but pointed out that the City lacks a mid-
priced hotel/motel for visitors to stay in during such events. However, a broad-
base market is needed to attract such projects and perhaps events like this will
help broaden the City's marketing base. She agreed that the City is
responsible for providing street and sewer improvements, but noted that a
broader tax base is needed to accomplish such tasks. She was more
comfortable with a funding amount of $10,000 since they've already received
$5,000.
Mayor Holt advised that the occupancy rate has increased valleywide this
summer over every estimate that was made and the Airline Task Force has
successfully increased the number of flights coming into the valley.
Ms. Hull felt that it might be beneficial for the City to conduct an economic
analysis on this project's impact on the City. Studies in other areas indicate
that an additional $32 is spent in a community for every ticket that is sold.
Council Member Perkins felt that it's important for the City to find a way to
complete street and sewer improvements in the Cove.
Mr. Genovese, City Manager, advised that staff would bring that issue back to
Council for consideration.
MOTION It was moved by Council Members Sniff/Adolph to approve the
Contract Services Agreement with La Quinta Productions, Inc. and direct staff
to utilize the Special Project Contingency Fund Account in the amount of
$13,500 for payment required by the agreement with an interim report from
La Quinta Productions in six months.
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Council Member Perkins advised that he would vote in favor of the motion, but
noted that the amount is more than he had in mind.
Motion carried unanimously. MINUTE ORDER NO. 96-35.
3. CONSIDERATION OF THE SENIOR CENTER RENTAL POLICY.
Ms. Nicholson, Parks & Recreation Director, advised that the Senior Center
Rental Policy was adopted on February 7, 1995, reviewed in August, 1 995,
and again in a study session on August 6, 1996. In briefly reviewing the
issues discussed in the study session, she noted that there was Council
consensus on some issues, but those without consensus were alcohol use,
insurance requirements, and a sliding scale for rental fees for local non-profit
organizations. Insurance requirements are recommended to remain the same
and staff recommends that a sliding scale for local non-profit organizations be.
developed that would include all staff costs and half of the normal facility.
charge, noting that Class D charges for non-resident and profit-making
organizations would increase. The proposed alcohol-use policy consists of:
Council approval prior to each alcohol-use rental, an alcohol-content limit of
under 20% for private parties, requirement for one security guard per 100
people in attendance or fraction thereof, and staff ability to close the facility
should the policy not be followed. Alcohol content over 20% can be
eliminated altogether, but the draft policy includes a provision for non-profit
groups to submit to Council for such use. Staff recommended that the security
deposit be changed from a sliding scale to a lump-sum amount of $300.
In response to Council Member Adolph, Ms. Nicholson advised that the policy
provides for the facility to be inspected by staff before and after each rental.
In response to Council Member Adolph, Ms. Honeywell, City Attorney, advised
that, although it's not possible to transfer risks completely, the indemnification
clause is the first step in doing so. An argument could be made that
insufficient security was required by the City, but she felt that the policy
requirements are the most reasonable to protect the City.
Council concurred on reviewing the issues one at a time.
Hours of Availability as noted in the policy)
Council concurred.
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Advance Reservations changed from 6 months to 1 2 months)
Council concurred.
Fee structure staff and facility fees combined into one fee)
In response to Council Member Henderson, Ms. Nicholson advised that set up
of the facility is an option in the rental contract and if staff is used, the fee is
$80/hour.
Council Member Henderson suggested that the policy language be clarified to
make the option clear.
In response to Council Member Adolph, Ms. Nicholson advised that the set-up
charge is. based on one hour of set-up time by two staff members.
Council concurred on the policy as written.
Staff Requirements includes staff walk-through, control of the facility, use
of telephones, and authority to terminate a rental)
Council concurred.
Alcohol Use
Council Member Henderson felt that use of wine or champagne wouldn't be
out of line in some occasions and was concerned that a vital part of the
community might be turned away if precluded.
Mayor Holt agreed, but was very much opposed to allowing the use of hard
liquor.
Council Member Sniff concurred and pointed out that Council would have the
opportunity to review each application.
Ms. Honeywell, City Attorney, advised that the Council cannot discriminate by
allowing some to use alcohol and denying others. She suggested defining in
the policy the type of alcohol to be allowed and eliminating the need for
Council review of each application to avoid implications of discrimination.
Council concurred on allowing wine, beer, and champagne and eliminating the
use of liquor with a 20% or more alcohol-content.
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Insurance Requirements $500,000 binder requirement)
Council concurred.
Sliding Scale for Non-Profit Organizations includes staff costs plus half of
the normal facility charge)
Council Member Henderson pointed out that Friends of the La Quinta Senior
Center are not charged a rental fee and asked if a waiver could be allowed for
other non-profit groups that benefit the City such as Friends of the La Quinta
Library.
Ms. Honeywell advised that preference can be given to local non-profit groups,
but preference cant be based on what the group does.
Ms. Nicholson pointed out that the Friends of the La Quinta Senior Center
receive free rental because all of their fundraising is designated to the Senior
Center as outlined in their articles of incorporation.
Ms. Honeywell pointed out that the facility was built with CDBG funds with the
intent that the facility would be available for senior use which provides a basis
for distinguishing that group's use.
In response to Council Member Adolph, Mr. Genovese, City Manager, advised
that fees can't be waived because of hardship. The Council would have to
approve a grant of funds to cover the facility rental fee should they wish to
provide financial assistance.
Council Member Henderson wished to make sure that use of this facility is
addressed during contract negotiations with non-profit organizations next year.
Council Member Perkins felt that one verbal warning was sufficient prior to
closing down a party or event and that a second contact person at the party
should be named in the contract in case the signer of the contract is required
to leave the event due to an emergency.
Council Member Henderson felt that the potential absence of the signer should
be addressed in the policy.
Mr. Genovese advised that there might be exceptions, but the intent is to put
the person responsible on notice that he/she is responsible and should be
present at the event.
Council concurred on one verbal warning.
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Security Deposit changed to a lump-sum amount)
Council concurred
Mr. Genovese wished to have the City Attorney review the policy in regards
to the fundraising efforts of the Friends of the La Quinta Senior Center to
determine the legality of the issue prior to putting the policy in effect. He
noted that if there is a problem, the policy could be implemented and that issue
addressed at a later date.
Council Member Sniff suggested a two-week continuance.
Council concurred
MOTION It was moved by Council Members Sniff/Adolph to continue the
matter of the Senior Center Rental Policy to October 1, 1 996. Motion carried
unanimously. MINUTE ORDER NO.96-136.
4. CONSIDERATION OF AN AWARD OF A PROFESSIONAL SERVICES
AGREEMENT FOR DESIGN SERVICES FOR VARIOUS CITYWIDE STREET
IMPROVEMENTS FOR FISCAL YEAR 1996/97.
Mr. Freeland, Senior Engineer, advised that on July 22, 1996, Council
authorized staff to receive proposals for preliminary engineering and design
services for various citywide street improvements for Fiscal Year 1996/97. An
RFP was distributed to qualified firms and the following firms responded: Keith
International, Inc. of Palm Desert, CNC Engineering of Cathedral City, Berryman
& Henigar of Palm Springs, and Coachella Valley Engineers of Bermuda Dunes.
He reviewed the criteria used in selecting a firm which resulted in the
Consultant Selection Committee ranking the proposals in the following order:
1) Berryman & Henigar, 2) Keith International, Inc., 3) CNC. Engineering, and
4) Coachella Valley Engineers.
The final amount negotiated with Berryman & Henigar was $188,000 which is
$31,854 higher than the estimated cost budgeted for this project due to the
under-estimated cost of design and construction of the traffic signal at
Highway 111 at the Plaza La Quinta Shopping Center. The scope of work is
greater than expected due to extensive right-of-way acquisition, plaza
recirculation, parking and drainage reconfiguration plans, extensive CalTrans
coordination, meetings with tenants to determine needs and necessities, and
the fact that the original estimate was based on placing the signal at an
existing intersection. The alternatives offered to Council were to award a
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Professional Services Contract to Berryman & Henigar for 188,000 and
appropriate additional funding in the amount of $31,854 from the RDA Project
Area No.. 2 Account, direct staff to re-enter negotiations with Berryman &
Henigar resulting in a one-month delay of the project, direct staff to negotiate
with the next most qualified firm, Keith International, Inc., also delaying the
project for one month, or provide staff with alternative direction.
In response to Mayor Holt, Mr. Freeland advised that a proposal from any of
the firms is expected to be higher than the estimated cost due to the change
in the scope of work.
Council Member Sniff was concerned that the original estimate of $300,000
for the Highway 111/Plaza La Quinta Shopping Center signal was about to go
out the window because of moving the location of the signal. Perhaps the
signal should be placed at the original site near Lumpys instead of trying to
match an intersection with a development across the street that may or may
not happen or that may not fit into their development plans.
Council Member Perkins felt that a signal at Lumpys would be of no benefit to
the property across the street nor would it cost that much less. He asked if
most of the increase was due to the additional signal on Highway 111 to which
Mr. Freeland responded yes:
Mr. Genovese, City Manager, advised that the components of this process are
needed to address the needs of the tenants which will help determine the
ultimate location of the signal.
Council Member Henderson questioned why there would be extensive" right-
of-way acquisition costs since the tenants support the signal installation.
Mr. Freeland advised that, although the tenants support the project,
acquisition of a new right-of-way is more extensive than utilization of an
existing driveway.
Council Member Sniff pointed out the uncertainty of the acquisition costs.
In response to Council Member Sniff, M?. Freeland advised that CalTrans
indicated that they would give this project first-priority review and allow an
interim signal during construction of the Highway 111 Widening Project, but
they are adamant that it must be removed upon completion of that project.
Council Member Henderson felt that locating a signal at Lumpys would be a
mistake since the property across the street will eventually be developed and
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need access. She felt that a signal logically located for both sides of the street
would most likely be incorporated into the developer's design plans.
In response to Council Member Sniff, Mr. Freeland advised that additional
eminent domain proceedings would be required on the north side of the street.
Council Member Perkins felt that many of the issues would be addressed
during the design process.
MOTION It was moved by Council Members Sniff/Perkins to award a
Professional Services Contract to the firm of Berryman & Henigar for design
services various fiscal year 1 996/97 Citywide Street Improvements and
appropriate additional funding in the amount of $31,854 from the RDA Project
Area No.2 account.
Council Member Adolph agreed with the contract for professional services, but
was opposed to the number of signals being constructed along Washington
Street and, therefore, would not support the motion.
Motion carried with Council Member Adolph voting NO. MINUTE ORDER NO.
96-137.
5. CONSIDERATION OF: 1) AN AMENDMENT TO CHAPTER 2.8 OF THE LA
QUINTA MUNICIPAL CODE RELATING TO THE PARKS AND RECREATION
COMMISSION AMENDING SECTIONS 2.80.020 PURPOSE AND OBJECTIVES)
AND 2.80.080 POWERS AND DUTIES) TO INCLUDE YOUTH ADVISORY
COMMITTEE AND KIDSLINE ADVISORY BOARD'S PURPOSE, OBJECTIVES.
AND POWERS AND DUTIES AND 2) CONSIDERATION OF ELIMINATING THE
YOUTH ADVISORY COMMITTEE AND KIDSLINE ADVISORY BOARD.
Mr. Weiss, Assistant City Manager, advised that the proposed consolidation of
the Youth Advisory Committee and Kidsline Advisory Board into the Parks &
Recreation Commission is a result of previous discussions by Council to
consolidate the City's Boards and Commissions wherever feasible.
It was moved by Council Members Sniff/Adolph to take up Ordinance No.285
by title and number only and waive further reading. Motion carried
unanimously.
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ORDINANCE NO.285
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA.
CALIFORNIA, AMENDING CHAPTER 2.8 RELATING TO THE PARKS AND
RECREATION COMMISSION, AMENDING SECTIONS 2.80.020 PURPOSE AND
OBJECTIVES) AND 2.80.080 POWERS AND DUTIES) TO INCLUDE YOUTH
ADVISORY COMMITTEE AND KIDSLINE ADVISORY BOARDS PURPOSES.
OBJECTIVES, AND POWERS AND DUTIES.
It was moved by Council Members Sniff/Adolph to introduce Ordinance No.
285 on first reading. Motion carried unanimously.
MOTION- it was moved by Council Members Sniff/Henderson to eliminate the
Youth Advisory Committee and Kidsline Advisory Board. Motion carried
unanimously. MINUTE ORDER NO.96-138.
Council Member Sniff felt that letters of appreciation should be sent to the last
members of the two groups.
CONSENT CALENDAR
1. APPROVAL OF DEMAND REGISTERS DATED AUGUST 20, SEPTEMBER 3
AND 17.1996.
2. TRANSMITTAL OF TREASURY REPORT DATED JUNE 30, 1996 FOR THE CITY
OF LA QUINTA AND THE LA QUINTA FINANCING AUTHORITY.
3. DENIAL OF CLAIM FOR DAMAGES FILED BY GEORGE H. CHANEY; DATE OF
LOSS, DECEMBER 3, 1993.
4. APPROVAL OF OVERNIGHT TRAVEL FOR A BUILDING INSPECTOR I TO
ATTEND THE CALIFORNIA BUILDING OFFICIALS TRAINING INSTITUTE IN
COSTA MESA, OCTOBER 7-10, 1996.
5. APPROVAL OF OVERNIGHT TRAVEL FOR THE SENIOR CENTER SUPERVISOR
TO ATTEND THE SENIOR TRAVEL & RECREATION ACTIVITIES COUNCIL
CONFERENCE IN LAUGHLIN, NEVADA ON OCTOBER 22-24, 1996.
6. APPROVAL OF OVERNIGHT TRAVEL FOR THE ASSISTANT ENGINEER II TO
ATTEND AN ADVANCED GEOMETRIC DESIGN SEMINAR IN BURBANK.
NOVEMBER 14-15, 1996.
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7. REPORT OF ACTION BY THE PLANNING COMMISSION APPROVING
CONDITIONAL USE PERMIT 96-027. TO ALLOW THE CONSTRUCTION OF A
3.250 SQ. FT. RESTAURANT WITH A DRIVE-THROUGH LANE AT THE
NORTHEAST CORNER OF SIMON DRIVE AND HIGHWAY 111 WITHIN THE
ONE ELEVEN LA QUINTA SHOPPING CENTER. APPLICANT: BOSTON WEST.
L.L.C.
8. REPORT OF ACTION BY THE PLANNING COMMISSION APPROVING PUBLIC
USE PERMIT 96-018 TO ALLOW THE CONSTRUCTION OF BUILDING
ADDITIONS TOTALING 6,114 SQ. FT. OF NEW OFFICE, PARISH HALL, AND
SMALL CHAPEL TO AN EXISTING CHURCH AND TO ALLOW, IN THE R-1
DISTRICT, AN APPLICATION FOR GREATER BUILDING HEIGHT FROM 28 TO
36 LOCATED AT 47-225 WASHINGTON STREET. APPLICANT: ST. FRANCIS
OF ASSISI CATHOLIC CHURCH.
9. APPROVAL OF FISCAL YEAR 1995/96 DEVELOPMENT PROJECT FEE REPORT.
10. ADOPTION OF A RESOLUTION DECLARING INTENTION TO VACATE A
PORTION OF AN OFFER OF PUBLIC UTILITY AND DRAINAGE EASEMENT
DEDICATION IN TRACT MAP 21176. CASE NO.96-032.
11. This Item Was Pulled from the Agenda See Confirmation of Agenda).
12. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO
RECEIVE BIDS FOR FISCAL YEAR 1996/97 SLURRY SEAL PROGRAM
PROJECT NO.96-10.
13. APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO RECEIVE BIDS
FOR PURCHASE OF A 21-TON TRUCK WITH A 5-YARD DUMP BED
PROJECT NO.96-li.
14. APPROVAL OF REQUEST FOR PROPOSALS FOR PAVEMENT MANAGEMENT
SYSTEMS DATA GENERATION.
MOTION- It was moved by Council Members Sniff/Henderson to approve the
Consent Calendar as amended and as recommended with Item No.10 being
approved by RESOLUTION NO.96-69. Motion carried unanimously. MINUTE
ORDER NO.96-139.
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STUDY SESSION
DISCUSSION REGARDING THE CONSULTANT SELECTION PROCESS.
Mr. Weiss, Assistant City Manager, advised that the consultant-selection
process regulations for Little Brooks" projects such as architectural,
professional engineering, environmental, land surveying, and construction
management projects are different than those for specialized services"
wherein consultant services are solicited by the City in support of staff or other
activity.
In reviewing the history of the City's consultant selection process, he advised
that Resolution No. 93-28 allowed the Council to have greater flexibility in
participating in the process, but also increased the number of projects brought
before them because the threshold was lowered from $50,000 and $200,000
to $10,000. During recent discussions, Council decided to review the process
again to further consider their participation and the dollar threshold for
triggering the process. In surveying nineteen other cities, staff found that none
of them use Council participation on the selection committee and the amount
used to trigger Council action varied from $5,000-$25,000 which their staffs
desired to rai&e. He added that only one of the cities surveyed has a formal
consultant-selection process in place. Staff requested further direction and
recommended that the purchasing section of the Municipal Code be brought
back for review to insure its consistency.
Mayor Hot wished to see the threshold amount raised from $5,000 to $10,000
and Council participation removed from the selection committee to avoid bias
in making decisions.
In response to Council Member Henderson, Mr. Genovese, City Manager,
advised that the limit for the City Manager to sign contracts is $5,000 but the
limit for triggering the selection process is $10,000.
Council Member Sniff continued to support Council involvement on a selective
basis and felt that having the option available is prudent. He felt that its
elimination would be a mistake, noting that the process was implemented
because the contracts were continually being awarded to the same firms. He
suggested that the limit for triggering the process be raised to $20,000-
$25,000..
Mayor Holt failed to understand why having a Council Member on the selection
committee makes any difference since the Council makes the final decision
either way.
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In response to Mayor Holt, Ms. Honeywell, City Attorney, advised that the
Council would have discretion in appointing an observer at any time, providing
its not specifically precluded in the policy.
Council Member Perkins was concerned about Council Members serving on the
selection committees unless it is for filling positions such as City Manager, City
Attorney, or City Clerk because he felt that it circumvents the responsibilities
of the City Manager. He further felt that Council Members not serving on the
committee are influenced by the opinion of those who have and he preferred
having the Council make a decision as an independent body based on the
information they receive from staff. He also felt that their presence during the
selection process has an influence upon the discussion and decision of the
committee members.
Council Member Henderson agreed and wished to see the threshold for
triggering the process raised to $25,000.
Council Member Adolph felt that he understood all of the comments, but
agreed that staff is very competent and able to make these decisions without
Council participation on the selection committee. He felt that CounciL Member
Sniffs concern about losing flexibility was a good point and he, too, hated to
lose it, but felt that any such provision should be clearly spelled out that it
would be in special circumstances only and not on a regular basis.
Council Member Sniff pointed out that the option currently exists and has been
exercised by Council more than once. He disagreed that staff is easily
intimidated or unduly influenced and felt that having the flexibility for Council
participation or observation is important.
Council Member Henderson was willing to retain flexibility for the purpose of
observation, but not participation.
Mayor Holt pointed out that the reason for the review was because Council
wished to have a firm selection process in place instead of dealing with it on
a case-by-case basis.
Council Member Perkins advised that he wouldn't support Council observation
of the selection process either and he felt that it would be difficult for Council
to deny a Council Member's request to observe if allowed in the policy.
Mayor Holt felt that committee members tend to watch for a reaction and try
to second-guess the opinion of any Council Member present at committee
meetings because they're uncomfortable with their presence.
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In response to Council Member Perkins, Ms. Honeywell advised that the
Council may appoint two Council Members to serve as the selection committee
as long as it is set forth in the process, noting that a broad discretion in
composing the selection committee currently exists.
Mr Genovese advised that under the current policy, selection committee
members must be competent to judge the qualifications of the firms and
Council may choose to participate or observe the selection process or function
itself as the selection committee.
Mayor Holt wasn't opposed to retaining. the flexibility as long as it doesn't
result in lengthy discussions each time.
Council Member Sniff felt that such a decision should be made with ease and
urged the Council to retain the flexibility. He further suggested that the
threshold for triggering this process be increased to $25,000.
Mr. Genovese advised that the revisions would be brought back to Council.
Council concurred on raising the threshold for contracts in which the City
Manager may negotiate contracts from $5,000 to $10,000.
Council recessed to Closed Session to and until the hour of 7:00 p.m.
CLOSED SESSION
Mayor Holt abstained from discussion regarding Greg George, Christine Clarke, and
City of Indio due to a conflict of interest and was not present in Closed Session.
1. 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.
2. 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 11, between
Adams Street and Dune Palms Road. Property Owner Negotiator: Christine
Clarke.
3. Public Employee Appointment Public Works Director, pursuant to
Government Code Section 54957.
4. Conference with legal counsel regarding potential litigation pursuant to
Government Code Section 54956.9(b)(3)(C) City of lndio.
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7.OOP.M.
PUBLIC COMMENT None
PRESENTATIONS
Mayor Holt presented a plaque to Katie Barrows expressing appreciation for her
service on the Planning Commission.
PUBLIC HEARINGS
WEED ABATEMENTS/LOT CLEANINGS AND PLACEMENT OF COSTS ON
1997/98 TAX ROLLS:
A. APALATEGUI, ELIDA APN 773-252-012 $187.50
B. DOWNES, GINNY APN 773-314-010 $187.50
C. GRIMMETT, DAVID APN 773-104-010 $187.50
D. LEWIS, LOUISE APN 773-253-006 $187.50
E. ORMOND, A. N. APN 774-301-013 $187.50
F. RADICE, YVONNE APN 773-314-026 $187.50
G. RILEY, WILLIAM R. APN 773-241-009 $187.50
H. RILEY, WILLIAM R. APN 773-241-012 $187.50
I. RILEY, WILLIAM R. APN 773-241-013 $187.50
J. RUPP, FLORENCE APN 773-254-016 $187.50
K. WETZEL, LEE APN 773-283-009 $187.50
Mr. Hartung, Building & Safety Director, advised that this public hearing was
for the purpose of receiving objections to placing the cost of weed abatements
on the tax rolls for properties cleaned by the City and noted that all property
owners were notified.
The Mayor declared the PUBLIC HEARING OPEN. There being no one wishing
to speak, the Mayor declared the PUBLIC HEARING CLOSED.
RESOLUTION NO.96-70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, ASSESSING LIEN AND PROVIDING FOR COLLECTION ON TAX
ROLLS ON CERTAIN PROPERTY FOR COSTS OF ABATEMENT OF PUBLIC
NUISANCE.
It was moved by Council Members Sniff/Adolph to adopt Resolution No.96-70
as submitted. Motion carried unanimously.
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2. SPECIFIC PLAN 96-027, CONDITIONAL USE PERMIT 96-028, AND
ENVIRONMENTAL ASSESSMENT 96-035, 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.
The Mayor Pro Tern declared the PUBLIC HEARING OPEN.
Mr. Herman, Community Development Director, advised that this project is a
commercial shopping center consisting of 218,300 sq. ft. of building space on
20 acres, located northwest of Highway 111 and Jefferson Street. He
reviewed the land uses of the surrounding properties and advised that the
project would be completed in two phases with Phase I consisting of a Home
Depot store and Phase Il consisting of additional retail/commercial which will
be brought back to the Planning Commission and Council for review. Phase
I of the project will consist of two accesses each on Highway 111 and
Jefferson Street with a traffic signal being constructed on Highway 111. He
then reviewed the various aspects of the property and building design, noting
that an eight-foot-high block wall would be constructed on the north boundary
for screening and noise abatement. The general plan designation is Mixed-
Regional Commercial and zoning is Regional Commercial with a non-residential
overlay designation. The project is conditioned to provide space in the
landscape corridor for the Citys entry sign. After reviewing this project on
July 23 and August 13, 1996, the Planning Commission modified the
environmental assessment in response to concerns raised by the City of lndio
and recommended approval of the Specific Plan, Conditional Use Permit, and
Mitigated Negative Declaration subject to conditions, noting that the
Conditional Use Permit is for outdoor storage at the garden center. He
recommended the following modifications to the conditions of approval:
1) Condition No. 16 eliminates the service station.
2) Condition No.48, B-2 to read as follows: Prior to final inspection and
occupancy of any permanent building within the development, the
applicant shall provide to the City an executed by grantor) reciprocal
access and easement agreement allowing access to the owner of the
abutting property to the west over the most westerly signalized) driveway
and over the applicant's property to the abutting property to the west. The
location and language of the easement shall meet the approval of the City
Engineer and City Attorney. The easement provisions may include a
requirement by the abutting property owner to reimburse the applicant a
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pro-rata share of the commercially reasonable costs of construction and
maintenance of the shared access drive including the signal) and the
easement route. Such provisions shall provide for arbitration of disputes
regarding the provisions of the agreement.
3) New Condition: Prior to the issuance of a building permit the landscape
area shall be increased along Highway 111, specifically the entry corner at
the intersection of Highway 111 and Jefferson Street and at each entry
driveway. Tree wells shall also be included along the ADA walkway
subject to approval by the Community Development Director as illustrated
in Exhibit A.
He advised that the new condition would result in the elimination of
approximately 1 2 parking spaces.
Council Member Adolph referred to Condition Nos. 41 & 42 and asked about
on-site drainage retention to which Ms. di Iorio, Planning Manager, advised that
all drainage would be directed to the storm channel and that there would not
be any retention basin on-site.
Greg George, 601 S. Placentia Avenue, Fullerton, Real Estate Manager for
Home Depot, stated that they're in agreement with all of the conditions except
for signage, noting that they are trying to create some uniformity in their
signage program throughout the United States. They wish to emphasize their
indoor lumber sales in their signage and use an orange background behind their
lettering as opposed to staff's recommended opaque color, noting that lighting
shouldn't be a problem since the sign would face Highway 111 and be turned
off at 9:00 p.m.
In response to Council Member Adolph, Mr. George advised that the Lumber
Sales" sign would be 3 X 32" with 1 10" letters, noting that the intent is to
separate do-it-yourself" customers from contractor-trade customers and bulky-
item pick-ups. Extensive, mature landscaping will be used to screen the
loading-dock area from Jefferson Street and the curb and gutter plans. have
been approved by Caltrans to avoid future revisions to setbacks. He reviewed
the architectural areas of relief in response to concerns about the massiveness
of concrete and the warehouse-look of the building.
Doug Couper, 15101 Redhill Avenue, Tustin, architect with Greenberg Farrow
Architecture, advised that the use of different texture finishes and colors would
minimize the massiveness of the building, but Council Member Adolph was
concerned that the texture variances would lose their effect from a distance.
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In response to Council Member Adolph, Mr. Couper advised that the canopy
material would be made of translucent poly fabric and in regards to the
aesthetics of the metal canopies, he advised that the garden fence would be
more visible from a distance than would the canopies.
In response to Council Member Sniff, Mr. Couper advised that the store would
generally be open from 6:30 a.m. t6 9:00 p.m. throughout the week,
depending on market conditions.
Robert Tyler, 44-215 Villeta Drive, spoke as a private citizen and whole-
heartedly supported the project, but pointed out the potential problem of
laborers loitering on the premises in hopes of attaining work from the
contractors and urged the Council to address this potential problem before it
exists.
Mr. George acknowledged that this has been a problem in other areas, but
didn't feel that it would be here since it hasn't been a problem in Rancho
Mirage. Their Loss Prevention Manager will work closely with law enforcement
in addressing such issues.
William Claire, 100 Civic Center Mall, lndio, Interim Community Development
Director for the City of lndio, 4elt that it's a good project and commended staff
and the Planning Commission for moving with alacrity to address many of their
concerns. The City of lndio looks forward to working with La Quinta to create
an atmosphere of detente rather than animosity.
There being no one else wishing to speak, the Mayor Pro Tem declared the
PUBLIC HEARING CLOSED.
Council Member Sniff felt that it's an attractive project that would benefit the
City and supported their signage request regarding an indoor lumber yard. He
saw no significant problems and felt that the concern addressed by Mr. Tyler
could be solved should it arise.
In response to Council Member Adolph, Mr. Herman advised that the
Community Development Department would review the final landscape plans
and that the proposed signage meets the City's zoning and development
standards. He advised that the Arts in Public Places Commission could
possibly address the suggestion that some type of feature unique to the City's
entry signage be planned for the landscape area at the easterly entrance on
Highway 111.
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Council Member Adolph felt the landscape plans should include the height and
diameter of the trees.
Council Member Henderson was impressed with the handling of the issues
during the Planning Commission proceedings and felt that the varying surface
textures would address the concerns regarding the aesthetics of the building.
She, too, supported the signage request and advised that she was impressed
with the project.
Mayor Pro Tem Perkins echoed the comments of Council and hoped that it
would be a part of the gateway to the City.
RESOLUTION NO.96-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 96-325
PREPARED FOR SPECIFIC PLAN 96-027 AND CONDITIONAL USE PERMIT 96-
028.
It was moved by Council Members Sniff/Adolph to adopt Resolution No.96-71
as submitted. Motion carried with Mayor Holt ABSENT.
RESOLUTION NO.96-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA. APPROVING A SPECIFIC PLAN TO ALLOW A 218,300 SQ. FT.
RETAIL CENTER AT THE NORTHWEST CORNER OF HIGHWAY 111 AND
JEFFERSON STREET.
It was moved by Council Members Sniff/Adolph to adopt Resolution No.96-72
as amended including the signage request). Motion carried with Mayor Holt
ABSENT.
RESOLUTION NO.96-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA.
CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO THE CITY
COUNCIL JO ALLOW MORE THAN 200 SQ. FT. OF OUTDOOR STORAGE IN
CONJUNCTION WITH A RETAIL CENTER.
It was moved by Council Members Sniff/Adolph to adopt Resolution No.96-73
as submitted. Motion carried with Mayor Holt ABSENT.
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MOTION- It was moved by Council Members Sniff/Henderson to receive and
file the letter from the City of Indio relative to this project. Motion carried with
Mayor Holt ABSENT. MINUTE ORDER NO.96-140.
STUDY SESSION................continued
2. DISCUSSION REGARDING THE HANDBOOK FOR COMMISSIONS, BOARDS,
AND COMMITTEES.
Mr. Weiss, Assistant City Manager, advised that staff has drafted a Handbook
for Commissions, Boards, and Committees as a result of reviewing their
structures and duties during the last several months. The handbook will
include the following: City demographics, organizational charts, duties and
responsibilities, and rules of procedure, guidelines, and protocol. He then
reviewed some of the inconsistencies that exist in the various Commissions,
Boards, and Committees as follows:
Term limits Most Commissions have three-year terms except for the Arts
in Public Places Commission and Investment Advisory Board which have two-
year terms
Election of Officers Some Commissions hold their election of officers in july,
others in September. He noted that any change in this area would have to be
reflected in the appropriate enabling ordinance as well.
Method of Taking Minutes Of the three types of Minutes Action,
Verbatim/Semi-Verbatim, and Summary), the Commissions have generally used
the Summary Minutes format, but with considerable variance in the level of
detail. Staff recommended that a standard format be prepared and included as
a sample within the appendices.
Quorum In some cases a quorum constitutes a majority of the appointed
Commissioners, for some its a majority of existing, appointed Commissioners,
and for some it's an established number within the Code itself.
By-laws and Rules. ReGulations and Procedures Some of the C6mmissions
are required to have by-laws, but it's a discretionary action for others. Council
may wish to have this handbook serve as the by-laws for all Commissions
Human Services Commission Duties The Human Services Commission has
requested that housing services" be removed from their list of duties.
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Parks & Recreation Commission Duties Staff recommended that the areas
of responsibility previously assigned to the Youth Advisory Committee and
Kidsline Advisory Board be included with the Parks & Recreation Commission
per Councils action in Business Session Item No.5.
He reviewed the alternatives available to Council which included authorizing
staff to schedule consideration of. the handbook with Council amendments for
the October 1 5th Council meeting or authorizing staff to schedule the
ordinances for amendment so as to be consistent with the handbook, prior to
formal consideration of the handbook.
In response to Council Member Sniff, Mr. Wilson, Management Assistant,
advised that staff recommends the incorporation of Councils voting procedures
in the next draft of the handbook which will include voting by electronic
tabulation, voice, or roll call.
Council Member Sniff suggested that the verbiage regarding alphabetical voting
be clarified to relate to non-electronic voting only.
Term limits
Council concurred on setting all terms for three years.
Election of Officers
Council Member Henderson suggested that the election of officers be held in
July.
Council Member Sniff explained that the reason some hold their elections in
September is to allow more time to get acquainted since new Commissioners
are generally added in July and the COmmissions go dark during August.
Council concurred on setting the election of officers for the first meeting after
June 30th
Minutes
Council Member Henderson uses Commission Minutes to gain an understanding
of what's happening and wished to have Summary Minutes, not Abbreviated-
Summary Minutes, noting that she's had some difficulty gaining understanding
from the Action Minutes prepared by the Investment Advisory Board.
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Council Member Sniff agreed and felt that there should be some substance as
to the discussion and issues that surfaced leading to the decision.
Council concurred.
Quorum
In response to Council Member Perkins, Ms. Honeywell, City Attorney, advised
that the reference to existing, appointed members for purposes of a quorum
applies to vacancies only and not absentees.
Council concurred on a quorum being based on the number of existing,
appointed members.
By-Laws
Council concurred that the handbook would replace the need for individual by-
Jaws, rules and procedures.
Human Services Commission Duties/Parks & Recreation Commission Duties
Council concurred on eliminating housing services" from the responsibilities
of the Human Services Commission and adding the responsibilities of the Youth
Advisory Committee and Kidsline Advisory Group to the Parks & Recreation
Commission.
Filling of Positions on the Arts in Public Places Commission
Council Member Henderson suggested that the procedure for filling positions
on the Arts in Public Places Commission be the same as all other Commissions
instead of having three positions being nominated by the La Quinta Arts
Foundation.
Council concurred.
Communication Between the Commissions and Council
Council Member Henderson suggested that some type of form be attached to
the Commission Minutes to give them an opportunity to relay specific items of
interest to the Council, noting that she currently uses the Minutes for that
purpose.
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Mr. Genovese, City Manager, advised that general motions would be needed
to insure that the information transmitted to Council is done by consensus and
suggested that options for communication be brought back to Council for
consideration to insure uniformity amongst the Commissions. He further
suggested the use of a one-page discussion summary in the Department
Reports, placing the responsibility of communication on the Department
Director that oversees that Commission.
Council concurred on staff bringing back communication options for Council's
consideration.
Majority/Minority Council Member Henderson felt that it's important for Council to know how
each Commissioner stands on the various issues and why. She suggested the
use of a Majority/Minority Report, noting that the Minutes don't always reflect
that information.
Council Member Sniff questioned the need for such a report.
Council Member Perkins felt that it could be helpful in certain circumstances,
but not needed for every action taken.
Council concurred on directing staff to look at the issue of Majority/Minority
Reports.
REPORTS AND INFORMATIONAL ITEMS
CVAG COMMITTEE REPORTS Council Member Henderson reported on a Public
Safety Committee meeting she recently attended in which the matter of emergency
generators was discussed and she noted that while the City Hall has one, the Senior
Center does not, and asked staff to look into the cost of providing one at that building
also and report back.
Council Member Henderson also thanked Council Member Sniff on his report on the
Transfer Station.
DEPARTMENT REPORTS
BUILDING AND SAFETY Council Member Henderson noted that there are areas of
the City in need of attention with regard to Code enforcement and suggested doing
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a weekend blitz," possibly dtilizing the Fall Clean-Up day for some additional City
beautification.
Council Member Perkins agreed and suggested using Code enforcement staff from
other cities to work with our staff to do a weekend blitz.
Mr. Genovese asked that staff have an opportunity to research the cost and method
to do such a program.
Council concurred.
MAYOR AND COUNCIL MEMBERS' ITEMS
Council Member Sniff brought up the matter of scheduling regular study.sessions to
discuss generic items possibly once a month on Mondays and suggested that the
matter be agendized for the next meeting for discussion.
Council concurred on agendizing the matter.
Council recessed to Redevelopment Agency meeting.
Council reconvened and recessed to Closed Session as delineated on Page 18.
The Council reconvened with the City Attorney announcing that the Council has
concluded a Closed Session under Government Code Section 54957 and unanimously
authorized the City Manager to complete negotiations with the Public Works Director--
contract to be on file in the City Clerks following execution.
There being no further business, the meeting was adjourned.
R ectfully submitted,
SAUNDRA L. JUHOLA, City Clerk
City of La Quinta, California
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