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1996 12 17 CC Minutes-% LA QUINTA CITY COUNCIL MINUTES December 17, 1996 Regular meeting of the La Quinta City Council of December 17, 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 James Carpenter, 78-550 Singing Palms Drive, asked that the sound wall on Washington Street at Singing Palms Drive be extended to the entrance of Point Happy Ranch and that the exit at Singing Palms Drive be eliminated. He's putting together a petition and has gathered signatures from approximately 95% of the neighborhood. Fred Wolff, 77-227 Calle Ensenada, felt that Council Member Perkins' attack against Mayor Holt at the last Council meeting during a discussion on Council decorum was uncalled for. He said that he admires Mayor Holt for her stand for children and low- income families in the community. As an outstanding leader in the community, he felt that her relationship with lndio is minimal in the overall scheme of things and that it's inconceivable that she would be asked to resign. He felt that Council Member Perkins has hurt and embarrassed the City many times such as in voting against the Citys support of the Holocaust Memorial and a memorial to the survivors of Pearl Harbor. He seems to admonish those who try to improve the quality of life in the City and single-handedly stopped the construction of a municipal pool which has sharply divided the community. He felt that it's Council Member Perkins who should resign. CONFIRMATION OF AGENDA Council Member Adolph asked that Consent Calendar Item No. 7 be pulled for discussion and moved to Business Session Item No.11. APPROVAL OF MINUTES MOTION It was moved by Council Members Adolph/Sniff to approve the City Council Minutes of December 3, 1996 as submitted. Motion carried unanimously. BIB] 01-08-1997-U01 02:41:38PM-U01 CCMIN-U02 12-U02 17-U02 1996-U02 -% City Council Minutes 2 December 17, 1996 ANNOUNCEMENTS Mayor Holt invited everyone to attend the City's Holiday Open House that will be held at the Civic Center on Thursday, December 1 9th. PRESENTATIONS None WRITTEN CORRESPONDENCE 1 LETTER FROM LA QUINTA HIGH SCHOOL REQUESTING FINANCIAL ASSISTANCE. Council concurred on referring this letter to staff. BUSINESS SESSION 1. CONSIDERATION OF THE PARKS & RECREATION COMMISSION RECOMMENDATION REGARDING THE PRIORITY LISTING OF THE POTENTIAL CITYWIDE PARK CAPITAL IMPROVEMENT PROJECTS. Mr. Vogt, Public Works Director, advised that on November 19, 1996, Council directed staff to provide a more-detailed, cost estimate for the construction of a 75' X 35' municipal pool at Fritz Burns Park, including restrooms and a shade structure, and cost estimates for maintenance of the facility. He advised that the preliminary cost estimates range from $341,750 to $761,438 with the lower estimate coming from a pool contractor and the higher estimate being based on the 1995 study by Berryman & Henigar. The maintenance cost estimate, based on Berryman & Henigar's study, is $0.07 per sq. ft., per day which includes four lifeguards that would rotate working at the ticket booth. He advised that C. V. Recreation & Parks District CVRPD) is still interested in operating the facility, but will not make a commitment until their attorneys have interpreted the effects of Proposition 218. They're also putting together a Spring election for their assessments. Should they agree to provide maintenance and operation of the facility, they will retain all gate receipts, concessions, and lessons revenues and they. would request reimbursement from the City for maintenance costs with the first-year reimbursement being $27,500 and each subsequent year decreasing by$1,485 up to 18 years. He advised that the prioritized list of projects prepared by the Parks & Recreation Commission is contained in the staff report. BIB] 01-08-1997-U01 02:41:38PM-U01 CCMIN-U02 12-U02 17-U02 1996-U02 -%City Council Minutes 3 December 17, 1996 Council Member Adolph pointed out that although the State requires four lifeguards for this size of pool, some of them could be sent home if the pool isn't full, possibly reducing the number of lifeguards down to two. Council Member Perkins questioned being able to operate with only two lifeguards if they would also be handling the ticket sales. Bill Simmons, 45-455 Desert Eagle Court, felt the pool is not a justified use of funds and that the City is going to be faced with money problems because of Proposition 218. He didn't feel that the taxpayers are willing to pay for the pool. Fred Wolff, 77-227 Calle Ensenada, hoped that this contentious and divisive issue would finally be settled and that children would have a place to go next summer, Robert Metkus, 78-870 Villeta Drive, stated that he never sees anyone at the Fritz Burns Park, but the Adams Park is used a lot and perhaps North La Quinta is where a pool should be built. He felt that restrooms should be built at both parks. He also questioned the number of people who would use the pool and felt that insufficient facts exist to make a decision. Jack Sobelman, 52-81 5 Avenida Martinez, felt that the. information provided in the cost estimate is insufficient to make a decision. Robert Tyler, 44-21 5 Villeta Drive, felt that the pool issue is less financially sound now than it was two years ag9 because of Proposition 21 8. He questioned being able to count on the verbal cost estimate and felt that the range of cost was too varied to make a decision. He noted that CVRPD is unwilling to make a commitment because of the uncertainty of Proposition 218. The remaining items on the priority list would be set aside if 500,0O0 is spent on the pool and with the uncertainty of Proposition 218, he felt that the Council could not in good faith commit to a pool at this time. He recommended putting it on hold and moving forward with other items on the list. Audrey Ostrowsky, P.O. Box 351, commented on the community's use of the Desert Club pool when it existed and felt that it's disgraceful that a community with such high temperatures doesn't have a pool. She sometimes questions how the City's money is spent, but felt that a pool is an appropriate expense that would benefit the Cove area. BIB] 01-08-1997-U01 02:41:38PM-U01 CCMIN-U02 12-U02 17-U02 1996-U02 -%City Council Minutes 4 December 17, 1996 In response to Council Member Sniff, Mr. Vogt advised that a verbal cost estimate of $100,000 for a 75' X 35 pool with equipment and cool decking was received from a pool contractor and the Berryman & Henigar study cost estimate was $435,750. The cost estimates for the remaining items are as follows: $20,000 for a 30' circular wading pool with equipment; $23,400 for a six-foot wrought-iron fence; $60,000 for men and women s restrooms; $20,000 for showers possibly outside); $20,000 for a ticket office; and, $30,000 for a 100' x 20' lattice shade structure. Based on the $100,000 verbal estimate for the pool, the total is $341,750, including design and administration costs, and based on the Berryman & Henigar study, the total is $761,438. In response to Council Member Adolph, Mr. Vogt advised that the Berryman & Henigar estimate is on the high side because an inflation factor was used to prepare the estimate due to no pool like this being built in the valley for 1 5 years. Council Member Sniff wished to have more certainty about the figure and asked if there was some degree of certainty that these facilities could be constructed with the $518,000 that is left from the Landmark Land money. He also asked if it could be realistically completed by June if Council gave the approval to proceed with the design and go to bid for construction, based on the lower estimate. Mr. Vogt felt that the lower estimate is closer to the real cost, but pointed out that the only way to receive a more-definitive cost is to complete a detailed design and go to bid. He felt that a year from now would be a more realistic completion period because of the design and advertising processes that would have to take place prior to beginning construction. The only way to possibly have a pool constructed by June would be to have approval to proceed by the next Council meeting and advertise it as a design/construct contract, which would save time and possibly result in a cost savings. Council Member Sniff felt the time element is important and that a design/construct contract is the logical way to go to have a pool functional by June In response to Council Member Perkins, Mr. Vogt advised that the bid could be anywhere between the low and high range in the cost estimates. A public pool is subject to specific requirements of the Health Department such as skid- resistance flooring, handicap accessibility, different colored tile, etc. and these requirements were considered in the estimate received from the pool contractor. BIB] 01-08-1997-U01 02:41:38PM-U01 CCMIN-U02 12-U02 17-U02 1996-U02 -%City Council Minutes 5 December 1 7, 1 996 Council Member Adolph stated that CVRPD hopes to have an answer from their attorneys on the effects of Proposition 218 by February, but will know for sure by June. He understood from reading the City Attorney's report on Proposition 218 that any assessments prior to January 1995 would not be affected by the proposition. He said that Mr. Martin of CVRPD didn't understand it that way, but if it's true, their revenues wouldn't be affected. His support of the pool is based on being able to build the pool including restrooms, etc. for $518,000 and that a operation/maintenance contract be in place, which would include the responsibility for hiring lifeguards. He also wished to have assurance that the City won't later become responsible for operation and maintenance, noting that CVRPD is only willing to sign a long-term contract. That contract would be a diminishing-cost contract over an 18-year period and if CVRPD is able to do the programs they would like to do, they hope to relieve the City of any monetary responsibility earlier. He realizes that the low estimate will probably increase some, but the only way he will support the pool is if all three elements are present, including a firm, long-term commitment from CVRPD. Council Member Henderson advised that Proposition 218 is very complicated and is presenting a lot of problems to governments, but noted that the agencies who move forward presenting their assessment to the electorate will be assured of where they stand. Local government agencies are hoping that the public will support their assessments, but she felt that, generally, they will be defeated, noting that the proposition passed by 57% of the voters. The uncertainty of the City's own Lighting & Landscaping Assessment Oistrict makes it difficult for her to support an additional drain on the budget. This is not a new position for her, but the support base that came with the passage of Proposition 218 is new. Many needed improvements at several locations in the City for many people to enjoy can be provided with the $664,000 that's available without any additional drain on the budget, or it can be used for the pool that will require additional funds for operation and maintenance. If the City operates the pool, it will cost $70,000 for a four-month period and although all four lifeguards may not be needed, if some are sent home, that would indicate that the numbers aren't there to support the pool. She didn't feel that a decision could be made until the effects of Proposition 218 are clear. The $1 14,411 in infrastructure funds included in the $664,597 can be used for needed traffic signals, street expansions, library facilities, and other infrastructure improvements and the remaining $550,000 can be used immediately to provide many improvements for everyone to enjoy, such as resurfacing the tennis courts, roller-hockey court, restrooms shade structures, playground equipment, and a trail head for the Boo Hoff Trail. She recommended setting aside $300,000 in a dedicated fund as seed money for a pool in the future that can be self-supporting and using the remaining $250,000 to address other needs in the two parks. BIB] 01-08-1997-U01 02:41:38PM-U01 CCMIN-U02 12-U02 17-U02 1996-U02 -%City Council Minutes 6 December 17, 1996 Mayor Holt felt that the doom and gloom" atmosphere resulting from the passage of Proposition 218, which had a good purpose, is unfortunate, believing that such an attitude would keep the City from moving forward with anything. She believed that fiscal responsibility is more than providing medians, streets & gutters, and buildings; its also providing services to the community. She felt that if the doom and gloom" feeling is going to exist, then all of the services should be cut back. She was troubled that a service so desperately needed and discussed for so long is not provided. She felt that a contract would be worked out with CVRPD, but pointed out that even if the City operates.the pool, the costs will be offset by some of the revenues it generates. Fritz Burns Park is not used because there is nothing there but tennis courts because it was master planned for a pool. She noted that it doesnt have playground equipment and shade structures like the Adams Park, but shade structures and restrooms are included in this cost estimate. She felt that it would be a shame to not move forward with this project. Council Member Perkins felt that certain things are nice to have, but believed that the City must look at what could happen in the future. He wasn' saying that Proposition 218 is going to shut the City down, but there is some uncertainty and he referred to personnel being layed off in lndio. The cost of the pool is uncertain as well as the number of people who will be using it and its up to the Council to spend these funds responsibly. In response to an earlier public comment, he stated that while there are many worthwhile projects, he voted against those projects because he believes that the Citys taxpayer dollars should be used for things that are lacking in the City. He felt that the funds should be used for other things on the prioritized list such as restrooms, tennis courts, roller-hockey court, and a dog park. These things will draw people to the park year-round instead of a pool that will only be used three to four months a year. He pointed out that the ballfields at the Sports Complex also need work. He would not support the pool at this time and felt that the City should be cautious in spending funds during the next few years to avoid being caught in the same position that other cities are in. Mayor Holt pointed out that even if the entire $518,000 is spent on the pool and the tennis courts are resurfaced along with the roller-hockey court, and if $60,000 worth of playground equipment is installed, the total would only be $628,000 and there's $700,000 available. Council Member Henderson didn't view Proposition 21 8 as a doom and gloom" situation, but rather something that the City must deal with. She didn't feel that the City would suffer from it as long as the merits behind the assessments are portrayed to the citizens. BIB] 01-08-1997-U01 02:41:38PM-U01 CCMIN-U02 12-U02 17-U02 1996-U02 -%City Council Minutes 7 December 17, 1996 MOTION It was moved by Council Member Sniff and seconded by Mayor Holt to proceed with a pool project to be operated on a four-months basis providing for a pool, wading pool, shower facilities, restrooms, shade structure, and security fencing at a cost not to exceed $518,000 under a design and construct contract and a contract with Coachella Valley Recreation and Park District CVRPD) for operation or another operator at a cost not to exceed $30,000 per year. Council Member Henderson questioned tying up the funds for an unspecified period of time. Council Member Sniff advised that a three-month time period could be included in the motion. In response to Council Member Adolph, Ms. Honeywell, City Attorney, understood the meaning of the motion to be that the City would not go out to bid until a commitment is received for the operation and maintenance of the pool Council Member Sniff advised that is correct. Council Member Adolph wished to get a better cost estimate during this time period and felt that there should be sufficient funds to include playground equipment and restrooms in the total design concept. Mr. Genovese, City Manager, advised that under a design/construct contract, the facilities will be a reflection of the amount that Council designates for the project, noting that staff doesn't have the expertise to provide any better cost estimates. Council Member Sniff pointed out that funds would remain to address some of the other needs in the park such as restrooms for the Adams Park. Council Member Perkins asked if this would be placed in abeyance if a contract for maintenance and operation of the pool is not signed to which Council Member Sniff responded yes. Council Member Perkins wasnt sure that the City should move forward with this until more definitive cost estimates are provided. Motion carried with Council Members Henderson and Perkins voting NO. MINUTE ORDER NO.96-188. BIB] 01-08-1997-U01 02:41:38PM-U01 CCMIN-U02 12-U02 17-U02 1996-U02 -%City Council Minutes 8 December 17, 1996 Council concurred on directing staff to agendize a discussion on the allocation of the remaining funds in January. 2. CONSIDERATION OF A REQUEST FROM THE LA QUINTA OPEN-AIR MUSEUM FOR FINANCIAL ASSISTANCE. Mr. Weiss, Assistant City Manager, advised that the La Quinta Open-Air Museum has requested $30,000 to launch a public relations and membership drive to help make this unique cultural amenity in the City a success. They anticipate an annual advertising budget of $200,000 and attendance of 100,000 patrons each year. He advised that $23,730 currently remains in the Special Projects Contingency Fund. Kathryn Hull, 77-260 CalIe Chillon, felt that the museum would increase cultural tourism in the City and benefit its tax base through usage of restaurants and hotels. The museum is well known throughout the art world, but better public relations is needed locally. They can offer free days for La Quinta residents as well as educational events for children. Robert Tyler, 44-21 5 Villeta Drive, asked if the La Quinta Sculpture Park has been taken over by a new group, noting that it started out as a commercial venture that proved unsuccessful, and he asked how the new management expects to succeed where the previous group failed. Council Member Sniff wished to have more definitive information, i.e, a proforma for staff's analysis before deciding whether or not to support this request. He suggested discussing it during the budget process for next fiscal year, pending the results pf staffs analysis. In response to Mayor Holt, Mr. Weiss advised that the request has been represented as an exclusive need for advertising funds. In response to Council Member Adolph, Ms. Hull advised that they have received their non-profit status from the State and expect to receive their 501 c)(3) from the Federal Government any day. They receive no State funding, but will be applying for grants and are leasing the property from Mr. Gouthier. They anticipate an annual promotional budget of $200,000 and plan to develop an academy for the arts which will include music, dance, theater, and visual arts. Council Member Henderson supports their efforts, but felt that funding of this size should be considered during budget deliberations. She appreciated the BIB] 01-08-1997-U01 02:41:38PM-U01 CCMIN-U02 12-U02 17-U02 1996-U02 -%City Council Minutes 9 December 17, 1996 request for a proforma, but pointed out that the City doesn't have a history of making such requests and maybe should consider it. She felt that the land-use issues should be cleared up and wished to see a contract for services negotiated at three levels, $10,000, $20,000, and $30,000, specifying what the services could be, would be, and should be. She wished to have this information and any additional information presented to Council for consideration during the next budget deliberations. MOTION It was moved by Council Members Sniff/Henderson to refer the funding request from the La Quinta Open-Air Museum to staff to secure additional information, possibly a proforma, and various levels of potential contract services at $10,000, $20,000, and $30,000; and report the results back in time to be considered in the budget process for 1997/98 and to research the land-use issues. A discussion ensued regarding advertising and the recent Skins Game video. Council concurred that they should be allowed to review all advertising accomplished through non-profit organizations funded by the City. Motion carried unanimously. MINUTE ORDER NO.96-189. 3. CONSIDERATION OF A REQUEST FROM THE MISS LA QUINTA PAGEANT FOR FINANCIAL ASSISTANCE. Council Member Adolph abstained due to a conflict of interest and left the dais. Mr. Wilson, Management Assistant, advised that the Miss La Quinta Pageant has requested financial assistance in the amount of $750.65 to cover costs associated with rental of the Senior Center. Council Member Perkins noted that this is a way to utilize the Senior Center and do something for the community at the same time. MOTION It was moved by Council Members Perkins/Henderson to approve the request of the Miss La Quinta Pageant in the amount pf $657.50 plus insurance coverage of $93.15 for a total amount of $750.65 from the Special Projects Contingency Fund. Motion carried unanimously with Council Member Adolph ABSENT. MINUTE ORDER NO. 96-9O. BIB] 01-08-1997-U01 02:41:38PM-U01 CCMIN-U02 12-U02 17-U02 1996-U02 -%City Council Minutes 10 December 17, 1996 4. CONSIDERATION OF A RESOLUTION SUPPORTING AN INLAND EMPIRE ROUTING OF HIGH-SPEED RAIL BETWEEN LOS ANGELES AND SAN DIEGO. Mr. Wilson, Management Assistant, advised that the California Intercity High Speed Rail Commission is considering two new alternate high speed rail routes: one along Interstate 5 and the other through the Inland Empire area. The Riverside County Transportation Commission RCTC) has asked that the City adopt a resolution supporting the Inland Empire route between Los Angeles and San Diego. He added that most other cities in Riverside County have adopted resolutions in support of the Inland Empire route. In response to Council Member Sniff, Mr. Wilson advised that Inland Empire encompasses the Riverside and San Bernardino Counties. The route recommended by RCTC would run along Interstate 21 5. Council Member Sniff felt that it's broadly conceptual at this time In response to Council Member Adolph, Mr. Genovese, City Manager, pointed out that CVAG has been working on getting support for a similar high speed rail concept from Riverside to Coachella Valley and, therefore, there is some benefit in these concepts moving forward, but whether or not the City would be involved with the gate receipts is unknown since it's completely conceptual at this time. RESOLUTION NO.96-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA. CALIFORNIA IN SUPPORT OF AN INLAND EMPIRE ROUTING OF HIGH-SPEED RAIL BETWEEN LOS ANGELES AND SAN DIEGO. It was moved by Council Members Sniff/Adolph to adopt Resolution No.96-97 as submitted. Motion carried unanimously. 5. CONSIDERATION OF ISSUANCE OF GRADING PERMIT FOR THE TRADITION GOLF COURSE. Mr Vogt, Public Works Director, advised that a request has been received to issue a conditional grading permit for the proposed Tradition Golf Course and he noted that two tract maps were previously approved for this property, Tract 21880 in 1986 and Tract 27613 in 1992 The proposed grading is not in substantial compliance with the latest approved tract map. A new tract map has been submitted by Sienna, but is not expected to be approved until March BIB] 01-08-1997-U01 02:41:38PM-U01 CCMIN-U02 12-U02 17-U02 1996-U02 -%City Council Minutes 11 December 17, 1996 or April 1997. The developer wishes to proceed with grading the property in order to have the golf course operational by November 1997. They are willing to work at risk, bearing any additional costs should the new tract map not be approved and holding the City harmless to any challenges. There are six sensitive areas that will not be graded which includes the marginal hillside conservation area and the Hacienda Del Gato. In response to Mayor Holt, Mr. Vogt advised that the changes proposed for the interior of the tract are not in substantial compliance with the previously- approved tract map. The developer will post a Letter of Credit in the amount of 50% of the grading to ensure that the area is restored to it's original condition should the tract not be approved or completed for some reason. In response to Mayor Holt's concern about the hillside conservation area, Mr. Speer, Senior Engineer, pointed out the location of five sensitive hillside conservation areas on a map in which the developer will not be allowed to begin grading. He advised that some scarring of the hillside took place during the installation of the flood control facilities, but those areas are restricted from grading until the tract map has been reviewed by both the Planning Commission and Council. Council Member Sniff didn't have a problem with it as long as the City is indemnified. Council Member Henderson didn't have a problem with the permit, but suggested that their irrigation be redirected so as not to prevent people from using the sidewalk along Avenida Bermudas. MOTION It was moved by Council Members Sniff/Adolph to authorize staff to issue a conditional grading permit for the Tradition Golf Course, requiring indemnification by the developer and posting of security to ensure compliance with the permit requirements. Motion carried unanimously. MINUTE ORDER NO.96-191. 6. CONSIDERATION OF ADOPTION OF A RESOLUTION ESTABLISHING SPEED LIMIT ON WESTWARD HO DRIVE FROM ADAMS STREET TO ROADRUNNER LANE. Mr. Vogt, Public Works Director, advised that the proposed resolution would establish the speed limit at 35 mph on Westward Ho Drive from Adams Street to Roadrunner Lane. The currently-posted speed limit is 25 mph when children are present, but otherwise it's 55 mph. The 85th percentile speed was BIB] 01-08-1997-U01 02:41:38PM-U01 CCMIN-U02 12-U02 17-U02 1996-U02 -%City Council Minutes 12 December 17, 1996 established at 38 mph. Staff recommended that the posted speed limit be set at 35 mph, noting that it will not affect the 25 mph speed limit when children are present. RESOLUTION NO.96-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ESTABLISHING SPEED LIMIT ON WESTWARD HO DRIVE FROM ADAMS STREET TO ROADRUNNER LANE. It was moved by Council Members Sniff/Adolph to adopt Resolution No.96-98 as submitted. Motion carried unanimously. 7. CONSIDERATION OF AUTHORIZATION TO PROCEED WITH DESIGN FOR THE TRAFFIC SIGNAL AT AVENUE 48 AND WASHINGTON STREET. Mr. Vogt, Public Works Director, advised that on September 17, 1996, Council awarded a design contract for various Citywide street improvements to Berryman & Henigar, which included a traffic signal at Avenue 48 and Washington Street. This intersection has met traffic warrants in regard to peak hour traffic on a side street and has also been the location of three recent traffic accidents that could possibly have been prevented by a traffic signal. Staff recommended that authorization be given to proceed with the design of this traffic signal and to make it a part of the overall Avenue 48 Extension Project. That project includes three other traffic signals and would possibly result in a cost savings. The signal may not be functional until June or July, unless it's put out to bid separately in order to fast-track the project. Council Member Adolph felt that more accidents occur at blind signalized intersections than with stop signs because many drivers try to beat the red light. This will make 11 traffic signals on Washington Street from Avenue 52 to Highway 111 and he advised that he will continue to vote against a signal at every intersection on Washington Street. Council Member Sniff noted that the closure of Adams Street increased the traffic problems on Washington Street. He didn't have a problem with the proposed signal, but advised that a number of residents have questioned why another signal is being installed on Washington Street when a need exists to get the signal operational at Calle Tampico and Desert Club Drive near the Adams School as soon as possible. Many of the residents are also concerned about the safety of children living west of Eisenhower Drive that will walk or BIB] 01-08-1997-U01 02:41:38PM-U01 CCMIN-U02 12-U02 17-U02 1996-U02 -% City Council Minutes 13 December 1 7, 1 996 ride their bikes to school due to the lack of school bus transportation and he felt that a signal should be considered for Eisenhower Drive. Council Member Henderson believed the need for a traffic signal at Washington Street and Avenue 48 was apparent from the opening of Adams Street because it has taken a lot of traffic from the Highway 111/Washington Street intersection. She, too, felt that staff should look into the possibility of installing a signal on Eisenhower Drive near Calle Tampico or Calle Sinaba and asked what the minimum distance requirement is for children to walk to school to which Barbara Irwin responded 3/4 mile for all students except kindergartners. In response to Mayor Holt, Mr. Vogt advised that no requests for crossing guards have been received from the School District, but they are expected in the future and funding sources will have to be identified at that time. Although cities are no longer responsible for funding crossing guards, the Vehicle Code does not state who is and once crossing guards are provided for one school, the City will need to look at the need for other schools as well. Volunteers can be used, but they must be trained. Council Member Henderson questioned why School District staff would have been told not to talk about the traffic conditions related to children walking to Adams School. Mr. Genovese, City Manager, advised that the School District has been concerned about written correspondence going out without being approved by administration. MOTION It was moved by Council Members Sniff/Perkins to authorize staff to proceed with the design of a traffic signal at Avenue 48 and Washington Street. Motion carried with Council Member Adolph voting NO. MINUTE ORDER NO.96-192. Council Member Perkins felt that a left-hand turn cutout should be considered at the entrance to Lake La Quinta, noting that vehicles traveling south on Washington Street currently have to make a U-turn at Avenue 48. Council Member Sniff noted that excessive median cuts in that area have been a concern. BIB] 01-08-1997-U01 02:41:38PM-U01 CCMIN-U02 12-U02 17-U02 1996-U02 -%City Council Minutes 14 December 17, 1 96 8. CONSIDERATION OF RECOMMENDATION OF THE ART IN PUBLIC PLACES COMMISSION TO APPROVE THE ARTWORK FOR FRITZ BURNS PARK, AUTHORIZE THE CITY MANAGER TO EXECUTE THE STANDARD SERVICE CONTRACT, AND APPROPRIATE THE FUNDS FROM THE APP FUND IN AN AMOUNT NOT TO EXCEED $35,000. Mr. Herman, Community Development Director, advised that on December 3, 1 996, Council referred this matter back to the Arts in Public Places Commission APP). The APP has re-evaluated the artwQrk and has recommended that the City enter into a contract with the artist, Mr. Fernandez. Two maquettes were presented which included an arch holding two swings with palm trees on each end that serve as pinata holders, and a second maquette with rams on each end. The artist has indicated that he would install one swing set and one slide for $35,000. Council Member Sniff felt that it's a big improvement and preferred the palm tree design. Mr. Herman advised that a palm tree would be installed separately as a pinata holder if the ram design is selected. In response to Council Member Henderson, Art Fernandez, the artist, advised that both designs are structurally sound, but Engineering felt that the tree design would be the safest. Both designs include free-standing and three dimensional animals on the sides. Council Member Perkins felt that the rams were more representative of another valley city. In response to Council Member Henderson, Ms. Honeywell, City Attorney, advised that no pre-approval from the insurance company is needed for the artwork to be used as playground equipment as long as it meets engineering standards. In response to Council Member Adolph, Mr. Herman advised that the artwork would be installed adjacent to. the picnic tables or in a future parking lot area until the children's playground is constructed. Council Member Henderson suggested staff look at installing a pinata holder at the Adams Park. BIB] 01-08-1997-U01 02:41:38PM-U01 CCMIN-U02 12-U02 17-U02 1996-U02 -%City Council Minutes 15 December 17, 1996 MOTION It was moved by Council Members Sniff/Henderson to approve the recommendation of the Art in Public Places Commission for the Fritz Burns Park artwork, utilizing the palm tree design, and authorize the City Manager to enter into a contract with Art Fernandez, and approve the appropriation of APP funds in an amount not to exceed $35,000. Motion carried unanimously. MINUTE ORDER NO.96-193. 9. CONSIDERATION OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED JUNE 30, 1996. Mr. Falconer, Finance Director, presented a brief report on the Comprehensive Annual Financial Report for the year ended June 30, 1 996. He advised that the financial statements reflect that the City's emergency reserve and cash flow projections have been met in maintaining the General Fund balance. He advised that Mr. Ken AI-Iman, of Conrad & Associates was present to make a brief presentation. Ken AI-Iman, 1100 Main Street, Suite C, Irvine, CPA and Auditing Partner of Conrad & Associates, L. L. P., advised that the purpose of the audit is to test whether or not the financial statements are stated correctly. The City's financial position has continued to improve, primarily due to the enhancement of the collections for property taxes and building permits and controlling of expenditures. This allowed the target for cash reserves to be met and to fund an equipment-replacement fund. In response to Council Member Henderson, Mr. AI-Iman advised that there are different audit responsibilities related to the various schedules contained in the report; the combined schedules in front of the report contain all the information required to conform to general accounting principles and the supplemental schedules support them. The statistical schedules in the back of the report were reviewed for consistency with the financial statements. In response to Council Member Henderson, Mr. Falconer advised that the auditors are only required to prepare financial statements through page 34 of the report. Everything else is extra, supplying information that is required for an award that the City applies for on an annual basis. In response to Council Member Henderson, Mr. AI-Iman advised that the Agency funds used to account for assets held by the City in an Agency capacity for individuals, private businesses, and other governmental agencies, as stated on page 12 of the report, are listed on pages 72 and 73. The Deferred Compensation Fund is held on behalf of the City's employees and the BIB] 01-08-1997-U01 02:41:38PM-U01 CCMIN-U02 12-U02 17-U02 1996-U02 -%City Council Minutes 1 6 December 1 7, 1 996 Assessment District Funds on behalf of the property owners for which the bonds were issued. MOTION It was moved by Council Members Sniff/Adolph to receive and file the Comprehensive Annual Financial Report for the year ended June 30, 1 996. Motion carried unanimously. MINUTE ORDER NO.96-194. 10 SECOND READING OF ORDINANCE. Mayor Holt abstained due to a conflict of interest and left the dais. ORDINANCE NO.292 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT NO.96-001 BY AND AMONG THE CITY OF LA QUINTA. HOME DEPOT USA, INC.. AND CREDIT SUISSE LEASING 92A, L. P. It was moved by Council Members Sniff/Henderson to adopt Ordinance No. 292 on second reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff NOES: None ABSENT: Mayor Holt ABSTAIN: None 11. CONSIDERATION OF APPROVAL OF AGREEMENT FOR CONTRACT SERVICES WITH LIEBERT, CASSIDY, AND FRIERSON FOR LEGAL SERVICES RELATED TO PERSONNEL. Council Member Adolph felt that a dollar limit should be set on this agreement. Council concurred. MOTION It was moved by Council Members Sniff/Henderson to approve the agreement for contract services with Liebert, Cassidy, and Frierson for legal services related to personnel in an amount not to exceed $25,000. Motion carried unanimously. MINUTE ORDER NO.96-195. BIB] 01-08-1997-U01 02:41:38PM-U01 CCMIN-U02 12-U02 17-U02 1996-U02 -%City Council Minutes 17 December 17, 1996 CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED DECEMBER 17, 1996. 2. TRANSMITTAL OF TREASURY REPORT DATED OCTOBER 31.1996 FOR THE CITY OF LA QUINTA AND THE LA QUINTA FINANCING AUTHORITY. 3. ADOPTION OF A RESOLUTION ACCEPTING DONATIONS TO THE LA QUINTA SENIOR CENTER. 4. AUTHORIZATION TO RECORD IRREVOCABLE OFFER OF DEDICATION OF HIGHWAY 111 RIGHT-OF-WAY AUTO LIQUIDATORS. 5. APPROVAL OF A FOUR-WAY STOP SIGN INSTALLATION AT THE CALLE TAMPICO/DESERT CLUB DRIVE INTERSECTION. 6. ADOPTION OF A RESOLUTION APPROVING ICMA DEFERRED COMPENSATION PLAN. 7. SEE BUSINESS SESSION ITEM NO. 1. 8. AUTHORIZATION FOR THE CITY MANAGER TO ENTER INTO A THREE-MONTH PROFESSIONAL SERVICES AGREEMENT WITH INTERSTATE SWEEPING, INC. FOR SUPPLYING CITYWIDE STREET SWEEPING SERVICES. MOTION It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as recommended and amended with Item Nos. 3 and 6 being approved by RESOLUTION NOS. 96-99 and 96-100 respectively. Motion carried unanimously. MINUTE ORDER NO.96-196. STUDY SESSION None REPORTS AND INFORMATIONAL ITEMS C. V. RGgIonaI Airport Authority Council Member Henderson advised that the Airport Authority has recommended that the Kohl Ranch matter be forwarded to the Riverside County Board of Supervisors. C. V. Mountains Conservancy Council Member Sniff advised that the Conservancy will become a State Agency on January 1, 1997 and the Chairman has been BIB] 01-08-1997-U01 02:41:38PM-U01 CCMIN-U02 12-U02 17-U02 1996-U02 -%City Council Minutes 18 December 171996 authorized to move forward with a contract for a director and an assistant. The director is from Hemet and the assistant will be Katie Barrows. MRFITransfer Station Task Force Council Member Sniff advised that the final report was approved by the Task Force on an 8-2 vote with the cities of Desert Hot Springs and Indio not present They forwarded the report to the cities and County for action no later than March 1 1997. He asked that the report be agendized for Council discussion at the second meeting in January. All other.reports were noted and filed. DFPARTMENT REPORTS All reports were noted and filed. 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 Mayor Holt abstained from Item No.1 and was not present for discussion. 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 south of Highway 111, between Adams Street and Dune Palms Road. Property Owner Negotiator, Christine Clarke. 2. Conference with legal counsel pursuant to Government Code Section 54956.9(c, potential anticipated litigation. 7:00P.M. BIB] 01-08-1997-U01 02:41:38PM-U01 CCMIN-U02 12-U02 17-U02 1996-U02 -%City Council Minutes 19 December 17, 1996 PUBLIC COMMENT None PUBLIC HEARINGS WEED ABATEMENTS/LOT CLEANINGS AND PLACEMENT OF COSTS ON THE 1997/98 TAX ROLL. A. LUGO. JERRY & ISABEL APN 774-212-014 $187.50 APN 774-212-016 B. STAHL, ERIC & CHRISTINA APN 774-124-017 $187.50 APN 774-124-018 $187.50 C. FINLEY, LEON D. ESTATE APN 769-115-004 $500.00 D. HAGLUND, W. T. & RUBY APN 773-131-017 $187.50 E. COEG, LP APN 773-073-012 *375.00 F. SCHINDLER, RUDOLF APN 773-131-010 $187.50 G. STERLING HOMES APN 774-292-032 $187.50 H. FRITZ BURNS FOUNDATION APN 773-022-014 $1,750.00 I. STANTON, MARGRET F. APN 774-043-011 $187.50 APN 774-043-012 $187.50 J. RICHARDS, KATHRYN APN 774-043-024 $187.50 K. STEELE, NANCY APN 773-235-021 $375.00 L. NORWEST MORTGAGE APN 773-291-002 $93.75 M. CHASE MANHATTEN MTG. APN 773-212-007 $125.00 N. MILLER, PHILLIP APN 773-082-021 $125.00 The Mayor declared the PUBLIC HEARING OPEN. Mr. Hartung, Building & Safety Director, advised that payment has been received on Item No. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. RESOLUTION NO. 96-101 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- 101 as amended. Motion carried unanimously. BIB] 01-08-1997-U01 02:41:38PM-U01 CCMIN-U02 12-U02 17-U02 1996-U02 -%City Council Minutes 20 December 17, 1996 2. ZONING ORDINANCE AMENDMENT NO.96-053 AN AMENDMENT TO THE LA QUINTA MUNICIPAL CODE, SECTION 9.60.130, RELATING TO RECREATIONAL VEHICLES. The Mayor declared the PUBLIC HEARING OPEN. Mr. Herman, Community Development Director, advised that a notice of the public hearing on the proposed Zoning Ordinance Amendment related to recreational vehicles was published in the Desert Sun and distributed by bulk mail to City residents. The Planning Commission reviewed six options presented by staff and on December 10, 1 996, recommended on a 3-2 vote, a modification of Option No.1, including a grandfathering clause from Option No.2. Their recommendation included the following: 1) When both interior side-yards are eight feet or less and no other on-site parking areas are located outside of the front or side-yard setback and an existing garage is not suitable due to size limitations, then the RV may be parked as follows: Interior lots within the side and front-yard setback areas located adjacent to the side-yard property line and on or adjacent to the driveway as long as the RV does not intrude over a sidewalk or curb; or Corner lots within the rear-yard area adjacent to the rear property line and the structure, behind the front side-yard setback and screened by a six-foot high fence. 2 If the side-yard setbacks are eight feet or greater, the RV must be stored within the side or rear-yard setbacks behind the front-yard setback line and shall be screened by a six-foot high fence. The Planning Commission also recommended that RVs be parked on a hard surface such as concrete, gravel, etc., that they not intrude over any public sidewalk, curb, or travelway, and that they not have a permanent connection to utilities nor be used for living purposes. RVs must be kept in good working condition and licensed, unless stored in a garage, and cannot be parked on the street for more than 72 consecutive hours. Any applicable CC&R restrictions are not affected by these provisions. If the property does not meet any of the parking regulations set forth in the zoning ordinance and an RV has previously been parked in the driveway, then an exemption may be filed under the grandfathering clause. However, the exemption will not apply to another RV should the current one be traded nor will it apply to new homeowners. BIB] 01-08-1997-U01 02:41:38PM-U01 CCMIN-U02 12-U02 17-U02 1996-U02 -%City Council Minutes 21 December 17, 1996 Council Member Adolph was concerned that adequate visibility may not exist when an RV is parked in or adjacent to a driveway that is located adjacent to the neighbor's driveway and there's no 12-foot setback. In response to Council Member Perkins, Mr. Herman advised that the grandfathering clause would also apply to rental units. In response to Council Member Henderson, Mr. Herman advised that if the parking regulations cannot be met, an RV up to 32 feet long could be parked in the driveway if there's no sidewalk. In response to Mayor Holt, Mr. Herman advised that when a sufficient side- yard setback exists, an RV must be parked there unless it's physically impossible because an obstruction such as an air conditioning unit. In response to Council Member Sniff, Mr. Herman advised that the grandfathering clause would apply to all RV's on the property boats. Council Member Sniff felt there should be some element of practicality in the regulations, noting the difficulty of exiting an eight-foot wide RV that's parked in an eight-foot wide side-yard with a wall or fence on each side. Carol Johns, 52-805 Avenida Rubio, advised that the grandfathering clause would not allow them to upgrade their RV nor allow them to use their RV pad as a selling point in selling their property. She felt that the grandfathering clause should go with the property, not the property owner. Dan Bresnahan, 79-150 Camino Del Oro, felt that a series of City Codes exist that interact and affect the outcome of this ordinance, basically prohibiting the parking of many types of vehicles other than RV's. He stated that the ordinance fails to describe the violation-noticing process, the amount of time given to comply, the penalty for non-compliance, and who would be responsible for enforcing it. The language will also allow RV owners to simply move their RV once every 72 hours to be in compliance. He wished to have some assurance that storage on the street won't be allowed. He also questioned whether or not the Planning Commission actually voted on the grandfathering clause. Karl Keller, 53-965 Avenida Cortez, felt that the City should have a better system of communicating with the public when such changes are considered, noting that he doesn't live here during the summer months and didn't find out about the change until after it was adopted. He urged Council to adopt an ordinance that would meet the needs of all the people. BIB] 01-08-1997-U01 02:41:38PM-U01 CCMIN-U02 12-U02 17-U02 1996-U02 -%City Council Minutes 22 December 17, 1996 Paul McCulloch, 52-045 Avenida Martinez, felt that there was insufficient noticing of the Zoning Ordinance when it was adopted in September and he asked that it be repealed. He felt that La Quinta shouldnt be compared to other cities or gated communities in regard to such restrictions and believed that the ordinance would deter RV owners from moving to La Quinta. He questioned if the change in the ordinance has anything to do with the future golf course resort or the proposed RV mini-storage near Wal-Mart. Robert Burt, 52-41 5 Avenida Vallejo, a resident since 1984, pointed out that the Cove consists mostly of blue-collar workers and is not a gated community. He questioned whether or not the approximately 8,000 Cove residents are being represented by the Council or Planning Commission and felt that the grandfathering clause is unfair. Mike Seems, 52-925 Avenida Bermudas, referred to several newspaper articles regarding this issue and asked who the people are that wanted the ordinance changed initially. He felt that any comparison with other cities' ordinances should include those that are less restrictive as well as the more restrictive. He also questioned why he should have to apply for an exemption under the grandfathering clause since his RV pad was constructed in compliance with City Code prior to the changing of the ordinance and asked the Council to continue this matter for 90 days for further consideration. Ronald Klinginsmith, 54-175 Avenida Villa, disagreed with the ordinance and felt that the grandfathering clause is very stringent. He suggested Council form a committee with RV owners to discuss their needs before adopting the ordinance. A. C. Moore, 53-795 Avenida Juarez, was disappointed in how the Planning Commissioners spoke down to RV owners at the last meeting and he asked Council to continue this item for 90 days in order to come up with a more palatable situation for all concerned. He advised that in the Cove, RV's have to be parked in the driveways because the lots are too small and pointed out that they provide alternative shelter in the event of an earthquake. He felt that many of the residents dont believe that the grandfathering clause is of any benefit to them. AndV Dean, 52-880 Avenida Diaz, advised that any restriction in parking his licensed RV on his property was totally unacceptable to him. He asked what the eminent need is for this amendment, who authored it and what part of the City they live in, and what criteria was used to make the ordinance unique to La Quintas citizens. He asked that it be continued for 90 days and suggested that pending Council actions be listed on a marquee at Calle Tampico and BIB] 01-08-1997-U01 02:41:38PM-U01 CCMIN-U02 12-U02 17-U02 1996-U02 -%City Council Minutes 23 December 17, 1996 Washington Street to let residents know what actions are being considered, noting that he did not receive the bulk-mailing notice. Mack Carter, 53-495 Avenida Bermudas, asked for some relief in the ordinance to allow him to use his front-yard setback area for loading and unloading his RV. Mark Watkins, 54-665 Avenida Diaz, felt that Council's concern for the needs of the residents is shown by their delay in enforcing this ordinance, but he felt that the ordinance itself does not reflect that same concern. The provisions of the ordinance seem to address safety and sanitation issues which he felt was a gilded attempt to meet the aesthetic wishes of some of the people under the disguise of some compelling interest of the City that is unfounded. He felt that the statement of purpose should be rewritten and that a citizens group should be formed to work with Council on this issue. Dan Corey, 77-671 Calle Potrero, a resident of the City since 1 975, was adamantly opposed to the grandfathering clause because it prohibits residents from upgrading their RV's. He noted that none of the Planning Commissioners are Cove residents which he felt should be changed so that the Cove residents have representation on the Planning Commission. He urged Council to table this item and to draft an ordinance that everyone can live with. Shawn Shepard, 53-B63 Avenida Navarro, agreed with the other speakers and felt that the ordinance would bring more heartache to the residents of the Cove. Keith Sellers, 53-810 Avenida Mendoza, spoke in opposition to the ordinance and questioned whether or not it would be a violation of the UCB and a fire hazard to park in the setback area and suggested checking with ICBO. He felt that RV's are in total harmony with the ambience of the City and commented on the expense of placing them in storage. He advised that he doesn't own an RV, but his neighbor does and he keeps it in good working condition. Jim Leque, 53-830 Avenida Mendoza, stated that he visits his children in La Quinta approximately two weeks every year and parks his RV on the street because it's too large to park in the side-yard and questioned what he was supposed to do if the ordinance is enforced. Denver Ammerman, 51-B95 Avenida Rubio, stated that he moved to La Quinta to get away from oppressive cities in which you're not allowed to park your RV on your own property. They use their RV for recreation and it's important to them. They widened their driveway so they could have a place to park it. He BIB] 01-08-1997-U01 02:41:38PM-U01 CCMIN-U02 12-U02 17-U02 1996-U02 -%City Council Minutes 24 December 17, 1996 agreed with some regulation to ensure that RV's are kept in good condition, but noted that some houses look worse than RVs. He was opposed to the grandfathering clause because it prohibits him from upgrading his RV. Eric Gouber, 52-130 Avenida Martinez, stated that he agreed with the other speakers. He questioned the legality of parking an RV in the side-yard referencing Section 9.60.030 of the Municipal Code and commented on how the Planning Commissioners argued amongst themselves at the last meeting. He didn't see a problem with the City issuing parking permits for parking on the street for 72 hours when they're needed. He pointed out the benefit of being able to park RV's on the street during emergency situations. He stated that a lot of people were upset about this issue being brought up during the summer when so many people were gone and advised that many of the residents didn't receive the bulk-mailing notice. Catherine Hunter, 77-511 CalIe Arroba, stated that a lot families use RVs for family fun. Their dream has been to own an RV and travel some after their children are grown, but they won't be able to under this ordinance because the grandfathering clause won't apply to them. Andrea Ferraro Berger, 45-495 Osage Court, Indian Wells, stated that people want the freedom of enjoying their RV's and it would be a shame for them not to be able to keep them at home and she felt that it may hold their property values stronger. Cal Hutchison, 53-745 Avenida Navarro, was opposed to the proposed ordinance and asked that the Council delay action for at least 90 days for the people to try to work something out. He said that he likes living in a community that allows RV's. Frank Van Patten, 5940 Avenida Rubio, stated that he bought his first home here in La Quinta and also bought the lot next to his home in order to have a place to add on to his home and to park his RV. This ordinance would take that away from him and decrease the price of his property. He also commented that traditional garage doors take away some of the driveway space and parking in side yards. is a hazard because it blocks access to the rear in the event of an emergency. Also, the down slope of some of the driveways would prohibit parking an RV' on the driveway. JQanne Versey, 52-440 Rubio, advised that she never received the mailed notice of this meeting. She felt that there are other things that need enforcement that look worse than RV's, such as vehicles that don't run and vehicles under repair. She felt that the City could be doing much more to BIB] 01-08-1997-U01 02:41:38PM-U01 CCMIN-U02 12-U02 17-U02 1996-U02 -%City Council Minutes 25 December 17,1996 improve the City and its beauty rather than singling out the RV's. More thought needs to be given to the issues. There were no others wishing to speak. however, the Council concurred on leaving the public hearing open. Council Member Henderson stated that she has always supported formation of a citizens ad-hoc committee to attempt to work out regulations that will be agreeable to all concerned, commenting that society works by compromise. She suggested a committee of five members of the community who oppose the proposed ordinance and five members who support it. She pointed out that the ordinance adopted was part of a comprehensive citywide zoning ordinance that was in the making for two years. She commented that she has proposed to the Council, the purchase of a full page in the Palm Desert Post weekly dedicated to City news and hoped that the Council will support that idea along with continued direct mailings. She, too, had problems with the grandfather clause in the proposed ordinance as she would want the ability to upgrade to a newer RV if she had one. She recommended no action be taken at this time and that a citizens ad hoc committee be formed at the next meeting. Council Member Perkins commented on his disappointment that the direct mailer did not reach everyone, but the Council is in the process of addressing the issue of communications. He wasn't interested in what kind of regulations other cities have, but what's good for La Quinta. We need to look at on-street parking as the California Vehicle Code allows only 72 hours on-street parking. He noted that commercial storage of RV's is running $35-$45 per month and he knows of people who have had their vehicles broken into in these facilities. He supported a 90-day delay of this issue and formation of a citizens ad-hoc committee. Mayor Holt stated that she supports the comments made by Council Members Henderson and Perkins and appreciates hearing from the people and agrees that the City needs to work with the people on this issue and supported formation of the citizens ad-hoc committee. She added that she has a real problem with the grandfather clause and hoped that it will be eliminated. She hoped to see the issue resolved within a 90-day period. She also commented that the City is working on better ways to communicate with the community. Council Member Adolph also supported the comments previously made, agreeing that there is a need for everyone to work together to get the issue resolved. He also pointed out that the storage facility recently approved by the City does not include storage space for RV's. He also responded to another comment made during the public hearing stating that the reason the zoning BIB] 01-08-1997-U01 02:41:38PM-U01 CCMIN-U02 12-U02 17-U02 1996-U02 -%City Council Minutes 26 December 17, 1996 ordinance was re-vamped was because the City has been working from the codes of Riverside County adopted by the City upon incorporation and there was a need to take a new look at the codes. He also pointed out that when the Council adopted the ordinance earlier in the fall, there wasn't anyone present to speak against the RV regulations and now that the people have made their wishes known, the Council is willing to work them. Council Member Sniff stated that he favors the State's regulations of 72-hour on-street parking. He believed that every resident of this City has a fundamental right to own and park an RV on their property as long as it doesn't present a public safety problem. He didn't feel that side yard parking makes any sense and poses a hazard by blocking access to the rear yard. He did not favor grand fathering as it denies the rights of new ownership An RV should not be a permanent addition to a home, in that it should not take the form as an additional bedroom to a home. He felt that an RV should be maintained in their appearance. He didn't see a problem with guests parking on the street and utilizing the RV for a short period of time. He felt that people have a right to a minimum, but necessary, governmental intrusion. An RV should be parked in such a manner as to have easy access in the event of an emergency. He expressed concern about a citizens committee because he didn't see that many people favoring the ordinance. He was prepared to deal with this issue at this time. He had no problem with making some changes in the language and bringing it back to the next meeting for action. In response to Mayor Holt, Mr. Genovese, City Manager, advised that staff's understanding is that enforcement would continue to be held in abeyance pending a resolve of this issue. Mayor Holt suggested that people interested in serving on this ad-hoc committee submit their names to the City Clerk. Council concurred on agendizing formation of a committee on the January 7, 1997 agenda. MOTION It was moved by Council Members Henderson/Perkins to continue the public hearing on Zoning Ordinance Amendment 96-053 to March 1 8, 1997. Motion carried unanimously. MINUTE ORDER NO.96-197. 3. ZONING ORDINANCE AMENDMENT NO.96-054 AN AMENDMENT TO THE LA QUINTA MUNICIPAL CODE, SECTION 9.60 RELATING TO SIGNS. The Maydr declared the PUBLIC HEARING OPEN. BIB] 01-08-1997-U01 02:41:38PM-U01 CCMIN-U02 12-U02 17-U02 1996-U02 -%City Council Minutes 27 December 17, 1996 Ms. di Iorio, Planning Manager, presented staff report advising that the Planning Commission reviewed the proposed modifications to the sign ordinance at their November 26, 1996 meeting and recommend approval. She briefly reviewed some of the changes as follows. a. Under the proposed amendments, real estates signs will be exempt from requiring a sign permit if it does not exceed 6 sq. ft. for residential and 1 2 sq. ft. for commercial lots and residential over 10 acres. b. Allowing temporary signs for existing businesses during public works contracts over 45 days. c. Allowing grand-opening banners. Prohibiting banners other than for temporary-use events. d. Increasing public information signs to 6 sq. ft. and better defining semi- permanent signs. Staff requested that Council consider adding under exempt real estate" to allow for the 12 sq. ft. for commercial and residential property of 10 acres or more at 6 ft. in height. Tim Bartlett, 73-382 Salt Cedar, Palm Desert, of Bartlett Commercial, stated that he currently has 17 parcels listed for sale in La Quinta and didn't feel that being penalized with a sign permit benefits his and the City's mutual goals. There being no one else wishing to speak, the PUBLIC HEARING WAS CLOSED. Council Member Henderson referred to the regulations covering grand opening banners and suggested that the time allowable for taking out the one-time grand opening banner be extended to 6 months, as many businesses wait for awhile before having a grand-opening. Mayor Holt concurred. Council Member Henderson then referred to the definition of semi-permanent signs and felt that more discretion should be given to the Community Development Director by inserting the words such as". Council concurred. BIB] 01-08-1997-U01 02:41:38PM-U01 CCMIN-U02 12-U02 17-U02 1996-U02 -%City Council Minutes 28 December 17, 1996 Council Member Henderson suggested not being so specific in prohibited signs" Section 9.160.100) by not specifying Christmas tree sales and Halloween pumpkins sales. Council concurred. MOTION It was moved by Council Members Sniff/Adolph to take up Ordinance No.293 with amended language by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO.293 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE SIGN REGULATIONS, CHAPTER 9.160 OF THE MUNICIPAL CODE CASE NO. ZOA 96-054. It was moved by Council Members Sniff/Adolph to introduce Ordinance No. 293 on first reading Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSENT: None ABSTAIN: None 4. EXTENSION OF URGENCY ORDINANCE NO. 289 REQUIRING ZONING RESTRICTIONS PROHIBITING TWO-STORY UNITS TO BE APPLICABLE TO LOW-DENSITY RESIDENTIAL ZONED AREAS DESIGNATED AS AREA A, AREA B, AREA C, & AREA D AS DESCRIBED IN ORDINANCE NO.289. The Mayor declared the PUBLIC HEARING OPEN. Staff report indicated that on November 12, 1 996, the City Council adopted Ordinance No.289 as an urgency. ordinance requiring development in Areas A- D to comply with the Residential Cove Zoning District. The ordinance before the Council at this time will continue the regulations until September 30, 1 997 During this time period, the Planning Commission and City Council will be conducting public hearings to consider zoning amendments in the specified areas. There being no one wishing the speak, the Mayor. declared the PUBLIC HEARING CLOSED. BIB] 01-08-1997-U01 02:41:38PM-U01 CCMIN-U02 12-U02 17-U02 1996-U02 -%City Council Minutes 29 December 17, 1996 MOTION It was moved by Council Members Sniff/Adolph to take up Urgency Ordinance No.294 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO.294 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, RESTRICTING THE ISSUANCE OF BUILDING PERMITS UNLESS COVE RESIDENTIAL DEVELOPMENT STANDARDS ARE MET IN THE AREA BOUNDED BY AREA A: BOUNDED BY AVENIDA NUESTRA TO THE SOUTH, CALLE RONDO ON THE EAST, AVENIDA ULTIMO ON THE NORTH AND WASHINGTON STREET ON THE WEST; AREA B: BOUNDED BY SAGEBRUSH ON THE NORTH, 50T AVENUE ON THE SOUTH. WASHINGTON STREET ON THE WEST AND THE EVACUATION CHANNEL ON THE EAST; AREA C: BOUNDED BY LA FONDA ON THE NORTH, AVENIDA NUESTRA ON THE SOUTH. WASHINGTON STREET ON THE EAST AND 100-FEET WEST OF CALLE GUATEMALA; AND AREA D: EAST OF THE BEAR CREEK CHANNEL, NORTH OF MONTEZUMA, WEST OF THE YUCATAN AREA. It was moved by Council Members Sniff/Adolph to adopt Urgency Ordinance No.294. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSENT: None ABSTAIN: None Council adjourned to Closed Session as delineated on Page 18. 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. AUNDRA L. JUHOLA, City Clerk City of La Quinta, California BIB] 01-08-1997-U01 02:41:38PM-U01 CCMIN-U02 12-U02 17-U02 1996-U02