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1997 08 05 CC Minutes/% LA QUINTA CITY COUNCIL MINUTES AUGUST 5,1997 Regular meeting of the La Quinta City Council was called to order at the hour of 3:00 p.m. by Mayor Pro Tern Perkins, followed by the Pledge of Allegiance. PRESENT: Council Members Adolph, Henderson, Sniff, Mayor Pro Tern Perkins ABSENT: Mayor Holt MOTION It was moved by Council Members Sniff/Adolph to excuse Mayor Holt. Motion carried unanimously. PUBLIC COMMENT Chuck Cervello, 44-61 6 Buckingham, lndio, Mayor of lndio, read a letter from the City of lndio on file in the City Clerk's office) offering an end to the litigation between the two cities by both cities dropping all current litigation and agreeing that no further litigation would be initiated in regard to the auto malls, Stamko project, or environmental concerns regarding these projects in La Quinta or lndio by either city. He added that the County and Granite are prepared to join in this agreement. He also requested a joint meeting of the two Councils to discuss this issue and stated that they wish to end all litigation and go back to being good neighbors. Robert Tyler, 44-21 5 Villeta Drive, thanked the Council and staff for the traffic signal at Vista Grande being operational by the opening of Home Depot. He also commented on the need for right-turn-only" street markings and signage at the Senior Center parking lot exit onto Calle Tampico. Mr. Vogt, Public Works Director, advised that the signage would be installed. Audrey Ostrowsky, P.O. Box 351, read a letter that she wrote to the Desert Sun wherein she expressed her wish for Council to spend City funds for street improvements instead of such things as the Chamber of Commerce, La Quinta Arts Foundation, City buildings, bike paths, and landscaping. * **** ** Hal Heywood, P. 0. Box 2713, San Bernardino, requested that Council take up Department Report E-1 prior to the evening session. BIB] 10-21-1997-U01 09:34:33AM-U01 ADMIN-U01 CCMIN-U02 08-U02 05-U02 1997-U02 /% a City Council Minutes 2 August 5, 1 997 CONFIRMATION OF AGENDA Mr. Genovese, City Manager, asked that Consent Calendar Item No.11 be pulled from the agenda. Council Member Adolph asked that Consent Calendar Item No. 1 2 be moved to Business Session Item No.10. Ms. Honeywell, City Attorney, recommended adding the following closed session items to the agenda: 1) potential anticipated litigation pursuant to Government Code Section 54956.9(b)(3)(c) based on a letter received from CVWD after the agenda was prepared regarding disputed responsibility of certain street repairs for a project beginning August 6th), and 2) initiation of litigation pursuant to Government Code Section 54956.9(c) one case), regarding Parc La Quinta. MOTION It was moved by Council Members Sniff/Adolph to make the following changes to the agenda as they came up after the agenda was prepared: 1) pull Consent Calendar Item No.11 Final Parcel Map and Subdivision Agreement for Parcel 28422); 2) move Consent Calendar Item No.1 2 additional appropriation for Fritz Burns Park artwork) to Business Session Item No.10; and 3) add Closed Session Item No. 4 under Government Code Section 54956.9(b)3(c) CVWD's disputed responsibility for street repairs) and Closed Session Item No.5 under Government Code Section 54956.9(c) one case) Parc La Quinta). Motion carried unanimously. MOTION It was moved by Council Members Henderson/Sniff to take up the Consent Calendar at this time. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED AUGUST 5, 1997. 2. ACCEPTANCE OF IMPROVEMENTS TO THE SENIOR CENTER PARKING LOT, PROJECT NO. 96-03 AND AUTHORIZATION TO FILE A NOTICE OF COMPLETION. 3. APPROVAL OF A QUITCLAIM DEED EXTINGUISHING RESTRICTED ACCESS RIGHTS ALONG STATE HIGHWAY 111 FOR EAGLE HARDWARE, S. C. P.97- 605. 4. AUTHORIZATION TO AWARD A CONTRACT FOR CONSTRUCTION OF IMPROVEMENTS WITHIN THE PM1O STREET IMPROVEMENT PROJECT AREA INCLUDING CALLE TAMPICO SIDEWALK IMPROVEMENTS. BIB] 10-21-1997-U01 09:34:33AM-U01 ADMIN-U01 CCMIN-U02 08-U02 05-U02 1997-U02 /% I City Council Minutes 3 August 5, 1997 5. APPROVAL OF PROJECT PLANS & SPECIFICATIONS AND AUTHORIZATION FOR STAFF TO ADVERTISE AND RECEIVE BIDS FOR PROJECT NO.97-06, DUNE PALMS ROAD/WHITEWATER RIVER CROSSING. 6. APPROVAL OF PROJECT PLANS & SPECIFICATIONS AND AUTHORIZATION FOR STAFF TO ADVERTISE AND RECEIVE BIDS FOR FRITZ BURNS PARK IMPROVEMENTS. 7. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE PLANNING MANAGER TO ATTEND THE AMERICAN PLANNING ASSOCIATION ANNUAL CONFERENCE IN MONTEREY, OCTOBER 12-15, 1997. 8. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR COUNCIL MEMBER HENDERSON, CITY CLERK, PUBLIC WORKS DIRECTOR/CITY ENGINEER, AND ASSISTANT CITY MANAGER TO ATTEND THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE IN SAN FRANCISCO, OCTOBER 12-14, 1997. 9. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY SAFETY MANAGER TO ATTEND THE **DISASTER RECOVERY: EARTHQUAKE** CLASS OFFERED BY CALIFORNIA SPECIALIZED TRAINING INSTITUTE IN ORANGE, OCTOBER 6-10, 1997. 10. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR A CODE COMPLIANCE OFFICER TO ATTEND A TRAINING CLASS GIVEN BY SOUTHERN CALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICIALS, INC., IN MONTEREY, SEPTEMBER 3-4, 1997. 11. APPROVAL OF FINAL PARCEL MAP AND SUBDIVISION AGREEMENT FOR PARCEL 28422, LAPIS ENERGY ORGANIZATION. This item was pulled from the agenda.) 12. SEE BUSINESS SESSION ITEM NO.10. 13. APPROVAL OF A RECOMMENDATION BY THE ART IN PUBLIC PLACES COMMISSION FOR A FINAL DESIGN OF THE ARTWORK TO BE INSTALLED AT THE PROPOSED EAGLE HARDWARE AND GARDEN: AUTHORIZATION FOR THE CITY MANAGER TO SIGN A CONTRACT BETWEEN THE CITY, EAGLE HARDWARE & GARDEN, INC., AND JEFFREY FOWLER, AND ISSUANCE OF A CREDIT TO EAGLE HARDWARE & GARDEN, INC. TOWARD THEIR APP FEES IN AN AMOUNT NOT TO EXCEED $43,000. BIB] 10-21-1997-U01 09:34:33AM-U01 ADMIN-U01 CCMIN-U02 08-U02 05-U02 1997-U02 /%City Council Minutes 4 August 5, 1 997 MOTION It was moved by Council Members Sniff/Adolph to approve the Consent Calendar as recommended and amended with the deletion of Item No. 11. Motion carried unanimously. MINUTE ORDER NO.97-125. APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of July 15 and 21, 1997 as submitted. Motion carried unanimously. ANNOUNCEMENTS None PRESENTATIONS Mayor Pro Tem Perkins made a presentation on behalf of CVAG to Chris Vogt in appreciation for the work on Highway 111/Washington Street Widening Project. WRITTEN CORRESPONDENCE None BUSINESS SESSION 1. CONSIDERATION OF APPROVAL OF AMENDED PERSONNEL POLICIES. Mr. Falconer, Finance Department, introduced Ski Harrison, the City's Personnel Attorney with Rutan & Tucker, and advised that the personnel policies were adopted in 1 988 and the changes recommended in the staff report are due to changes in legislation and the labor field. A memorandum from the La Quinta Employee's Association is attached to the staff report which acknowledges that the Association and City representatives met and conferred in good faith. In response to Council Member Adolph, Mr. Falconer advised that the section on Salary Anniversary Date has been expanded and is now in Section 5.20. In response to Council Member Henderson's request for an example of the overtime calculation, Mr. Falconer advised that under the current policy, an employee taking minutes at an evening meeting receives compensation at time and a half, but under the proposed policy, time and a half compensation will be received only if no further time is taken off during the 40-hour work week. BIB] 10-21-1997-U01 09:34:33AM-U01 ADMIN-U01 CCMIN-U02 08-U02 05-U02 1997-U02 /% I City Council Minutes 5 August 5, 1 997 Council Member Henderson advised that she understood the policy in regard to controlled time-off such as vacation leave and floating holidays, but noted that the use of sick leave, which would include scheduled doctor's appointments, is not within an employee's control. Ski Harrison, of Rutan & Tucker, advised that the reason for changing the policy is to reflect the state of the law under the Fair Labor Standards Act wherein overtime is paid only when hours worked" exceed 40 hours a week and sick leave, vacation, and holidays are not counted as hours worked." He advised that the language is covered under federal statute. Council Member Sniff felt that it's a timely and comprehensive document and advised that he supports it. Mayor Pro Tem Perkins felt the policy on nepotism should apply only when a relative works in either the finance or personnel departments or when it involves supervision by a relative and he questioned leaving the determination of nepotism up to one staff person. Mr. Harrison advised that most organizations no longer have a direct prohibition against relatives working in the same organization and that the proposed policy would allow flexibility in determining on a case-by-case basis if a conflict actually exists or if supervision or security could be compromised. Mayor Pro Tem Perkins still didn't like the determination being made by one individual because of the possible claim of unequal-treatment and he also didn't like the use of potential" in creating a conflict because he felt that a conflict either exists or it doesn't. In response to Council Member Adolph, Mr. Falconer advised that applications are usually reviewed by the Senior Management Analyst at which time a short list of those meeting the minimum requirements is created, but ultimately, it's the Employee Relations Officer that will make the final determination regarding nepotism. In response to Council Member Henderson, Mr. Falconer advised that the Employee Relations Officer would either be the City Manager or a designee. Mayor Pro Tem Perkins was concerned that leaving the decision up to one individual could create a discrimination problem and preferred a policy wherein a relative wouldn't be allowed to work in finance or personnel or when it involves supervision by a relative. BIB] 10-21-1997-U01 09:34:33AM-U01 ADMIN-U01 CCMIN-U02 08-U02 05-U02 1997-U02 /% IN City Council Minutes 6 August 5, 1997 Mr. Genovese, City Manager, suggested adding language to include both the Employee Relations Officer and the City Manager in making the determination. Mayor Pro Tem Perkins didn't*t feel that that would change the position of fair and impartial treatment and again questioned the language of potential" conflict of interest in the policy. Mr. Genovese advised that any determination of conflict of interest would have to be made prior to hiring the employee. Council Member Sniff believed that Mayor Pro Tern Perkins has a valid point and suggested that the language be changed to accommodate his concerns. Mr. Harrison suggested changing the language from may" and potential" to shall" and would" in regard to conflict of interest, noting that any disqualification would then be based on actual and not potential conflict. After a brief discussion, Council concurred on removing Section 4.45 from the Personnel Policies for further review and discussion. RESOLUTION NO.97-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ESTABLISHING PERSONNEL POLICIES PURSUANT TO MUNICIPAL CODE SECTION 2.08.060(5). It was moved by Council Members Sniff/Adolph to adopt Resolution No.97-67 as amended deleting Section 4.45 for further review and return to Council on September 1 6, 1 997). Motion carried unanimously. 2. CONSIDERATION OF A REQUEST BY THE LA QUINTA ARTS FOUNDATION FOR AN EXTENSION OF THE TERMS OF THE LEASE AGREEMENT WITH THE CITY. Mr. Weiss, Assistant City Manager, advised that the La Quinta Arts Foundation is requesting a six-month extension on their five-year lease agreement for the Civic Center Campus property in which Council approved a one-year extension for last year. He advised that upon Council*s approval, staff would notify the Arts Foundation that no action would be taken on the default until after the six- month period. BIB] 10-21-1997-U01 09:34:33AM-U01 ADMIN-U01 CCMIN-U02 08-U02 05-U02 1997-U02 /% a City Council Minutes 7 August 5, 1 997 Council Member Sniff felt the only concern would be the design work for the Civic Center Campus, but didn't see any problem with granting the request. Council Member Henderson was only concerned that it not hold up the design process of the Civic Center Campus. Council Member Adolph felt that the design element currently being worked on is for the area between the Civic Center and the Senior Center and advised that it was his understanding that Council had agreed to leave the northwest corner of the campus sterile until a compatible use is determined. Council Member Sniff supported the extension, but encouraged the Arts Foundation to make a decision earlier than six months if possible. Mayor Pro Tem Perkins advised that he would support the extension, but hoped that the Arts Foundation and City would work together and come up with something to build there that fits into the master plan. He felt that it's a good location for the Arts Foundation. MOTION It was moved by Council Members Sniff/Henderson to grant the La Quinta Arts Foundation's request and authorize staff to notify the Arts Foundation that the City would not declare default under the terms of the agreement until March 3, 1 998. Motion carried unanimously. MINUTE ORDER NO.97-126. 3. CONSIDERATION OF THE CULTURAL COMMISSION'S RECOMMENDATION FOR GRANT FUNDING FOR FISCAL YEAR 1997/98. Mr. Weiss, Assistant City Manager, advised that five applications for the $80,000 included in this year's budget for the Special Projects Contingency Grants Account have been reviewed by the Cultural Commission and they have recommended the following funding amounts: Coachella Valley Community Concerts $5,000, La Quinta Arts Foundation $43,500, $La Quinta Historical Society $10,000, La Quinta Open Air Museum $9,500, and La Quinta On Stage $12,000. Council Member Adolph advised that he listened to the tapes of the Cultural Commission meeting and probably wouldn't have supported giving them this task had he known the uncomfortable position it would place them in. He has strong feelings about what happened and asked if there's a better way to handle it without placing the burden on the commissioners. BIB] 10-21-1997-U01 09:34:33AM-U01 ADMIN-U01 CCMIN-U02 08-U02 05-U02 1997-U02 /%City Council Minutes 8 August 5, 1997 Mr. Weiss felt that some of the emotion of the process might be removed if objective criteria is established with points awarded to the categories. Council Member Henderson noted that the entire Council has listened to the tapes of the meeting and is aware of what happened. She felt the commission did an excellent job, but felt the process had moved a little fast and that there was insufficient time to produce criteria which is why she wanted the commission to have more meetings to deal with the issue. The commission felt they were up to the task and asked to be involved and she believed the conflict of interest issue had been resolved. She supported trying the system another year and felt it would flow smoother since the commission would have a year to review the procedures and she continued to maintain that the commission was only making a recommendation and that the final decision is up to the Council. Council Member Sniff advised that he didn't support having the applications reviewed by the commission in the beginning and he still doesn't. He felt the commission meeting was somewhat contentious and that there was a lack of consistency in making the recommendations and he didn't like setting aside a certain amount of money which everyone feels compelled to equitably divide. He believed that these are contracts for services, not grants, that should be dealt with in a professional manner, noting that the City has supported some of these organizations for several years and he questioned the funding being sufficient to divide should other groups apply in the future. He believed the Arts Foundation has done an exemplary job and has played a very significant role in the community by using the City's support to draw people to the community through one of the premier shows in the country. He felt the funding is used for a very positive and useful community purpose and that it's important for the City to continue supporting it. He also believed that the Historical Society is one of the City's premier groups and wished the City was able to help them purchase property and he didn't feel that their request for $12,500 was out of line. He also supported the Community Concerts Association and La Quinta On Stage which he felt was building toward a marvelous, cultural, and historical event that would be of great value to the City. He advised that he wished to see the funding divided differently than what has been recommended. Mayor Pro Tern Perkins felt that differences of opinion are good and was pleased with how the Cultural Commission handled a very difficult situation and how they shared some of the same problems in trying to distribute the funds. He disagreed with their recommendation to give $9,500 to the La Quinta Open Air Museum because he was disappointed in how a recent event was handled there and suggested giving them $3,500 as seed money, and $3,000 of the remainder of those funds each to the Historical Society and La Quinta On Stage. BIB] 10-21-1997-U01 09:34:33AM-U01 ADMIN-U01 CCMIN-U02 08-U02 05-U02 1997-U02 /% a City Council Minutes 9 August 5, 1 997 He felt the commission was doing what it should do as an umbrella organization and thanked them. Council Member Sniff wasn't sure how much good $3,500 would do for the Open Air Museum since they asked for $75,000 and suggested giving $50,000 to the Arts Foundation, $12,500 to the La Quinta Historical Society, $15,000 to La Quinta On Stage, and $2,500 to the Community Concerts Association. Council Member Henderson felt the Open Air Museum needed a chance to prove itself as a new organization and that it's unfortunate that their request has come forward at the same time as the recent unpleasant situation. She wished to have staff's input as well as the commission's, but in absence of it supported giving the full, requested amount of $5,000 to the Community Concerts Association because they've kept their requests at a reasonable amount each year. She further supported giving $15,000 to the La Quinta Historical Society, based on their building needs, and $15,000 to La Quinta On Stage, which she did not base on any pre-conceived commitment. Furthermore, she wished to hold $10,000 in reserve for the Open Air Museum until the issues related to their last event are resolved and staff has had an opportunity to review their future business plans and provide input to Council. She supported giving the remaining $35,000 to the Arts Foundation and felt that if Council should later decide to not give $10,000 to the Open Air Museum, that the funds could be distributed elsewhere or left in the account. After a brief discussion, she said she could live comfortably with reducing the Historical Society's amount to $12,500 and with giving the Arts Foundation an additional $2,500. Council Member Sniff advised that it would be very difficult for him to support any less than $50,000 for the Arts Foundation and he continued to support $2,500 for the Community Concerts Association. In response to Council Member Adolph, Ms. di Iorio, Planning Manager, advised that the principal use of the Open Air Museum has changed from a sculpture school to entertainment and museum and that the property is now zoned Tourist Commercial. The only issue remaining to be resolved from their initial approval four years ago is the dedication of the right-of-way. In response to Council Member Adolph, Ms. Honeywell, City Attorney, advised that she wasn't sure that the City could enforce the right-of-way issue any more if the CUP is not required, noting that it could be made a requirement should further development take place. Council Member Adolph referred to a statement made by Mr. Gouthier at the commission meeting and advised that he disagrees that the City hasn't BIB] 10-21-1997-U01 09:34:33AM-U01 ADMIN-U01 CCMIN-U02 08-U02 05-U02 1997-U02 /%City Council Minutes 10 August 5, 1 997 supported the Open Air Museum because the City has never enforced the right- of-way issue. He advised that he would support giving them a minimal amount of seed money and then watch what happens with it. He felt that if they make some progress this year, then the City might be able to increase its support next year. He hoped the organization becomes productive, but couldn't see hindering others that are doing an outstanding job for the City to help him move along any more with the*limited funds available. Council Member Sniff offered the following compromise: $15,000 to La Quinta On Stage, $12,000 to La Quinta Historical Society, $45,000 to La Quinta Arts Foundation, $5,000 to Community Concerts Association, and $3,000 to La Quinta Open Air Museum. Donna Martin, 49-320 Avenida Fernando, advised that they have added a group of Russian dancers to their school presentation. Audrey Ostrowsky, P.O. Box 351, questioned the review being done by commission members that are involved in these organizations instead of by property owners that don't have streets. Mayor Pro Tern Perkins supported Council Member Sniff's proposal. Council Member Adolph asked if $12,000 would take care of the Historical Society's rent to which Ms. Barbara Irwin responded yes. Council Member Henderson referred to the tax status and solicitation-of-funding abilities that non-profit organizations have and advised that she didn't feel the City should fund non-profits. However, she felt that they are all doing a great job and since the City does support them, she wished to participate in the funding decision. She was pleased that the Arts Foundation has a substantial amount of money in their building fund and noted that the City would potentially be leasing them City property for $1 a year which is the type of support she feels the City should give to non-profits. She disagreed with Council Member Sniff's proposal because she felt it would be a grave disservice to the Open Air Museum to give them only $3,000 and hope for any positive results. She advised that she wouldn't be satisfied with giving them anything without some type of reporting and staff oversight, but still supported giving them $10,000, Community Concerts Association $5,000, La Quinta Historical Society $12,000, La Quinta On Stage $15,000, and the Arts Foundation $38,000. BIB] 10-21-1997-U01 09:34:33AM-U01 ADMIN-U01 CCMIN-U02 08-U02 05-U02 1997-U02 /% I City Council Minutes 11 August 5, 1 997 MOTION It was moved by Council Members Sniff/Adolph to award the grant funds as follows: $15,000 to La Quinta On Stage, $12,000 to La Quinta Historical Society, $45,000 to La Quinta Arts Foundation, $5,000 to Community Concerts Association, and $3,000 to La Quinta Open Air Museum. Motion carried with Council Member Henderson voting NO. MINUTE ORDER NO.97-127. 4. CONSIDERATION OF GRANT PROCESS FOR SCHOOLS. Mr. Weiss, Assistant City Manager, advised that $9,250 has been set aside in the budget for the Special Projects Contingency- La Quinta Schools Contribution and that the following three alternatives are outlined in the staff report for Council's consideration: 1) divide the funds between the schools in the City or those serving the City; 2) allow the school principals to distribute the grant applications and to prioritize and rank them upon submittal; or 3) distribute the grant applications to the school organizations or students for determination by Council or staff. He advised that staff requests direction in regard to the options as well as additional input regarding eligibility requirements. Council Member Henderson advised that she wasn't comfortable with calling them school funds because she felt the funds were for extra-curricular activities on the school campuses that have suffered in recent years due to the shifting of tax funds. She understood the purpose of this was to eliminate the various school groups from coming directly to Council with funding requests, but was uncomfortable with giving the funds to the principals to distribute. She felt a school liaison should be established to find out what the needs are or maybe use the liaisons that the Human Services Commission plans to establish. She didn't have a problem with giving a greater portion of the funding to the high school as Council previously discussed doing because of their needs being greater, but felt the $1,200 for the New Leaf Award Program should be given to the schools for their awards programs instead of putting it in this fund. Council Member Sniff advised that he didn't support setting aside these funds in the beginning, but felt the requests should be submitted on a regular City form and approved by Council once they've been reviewed by the appropriate commission. He suggested setting a not-to-exceed limit of $2,500 for each school instead of allocating rigid amounts and disagreed somewhat that the high school's needs are necessarily greater than other schools. He felt the requests should come from school organizations and not individuals. In regard to the New Leaf Award Program, he felt it was very successful and, although, he understood the difficulty that the schools were having generating the information, wished to see it salvaged if possible. BIB] 10-21-1997-U01 09:34:33AM-U01 ADMIN-U01 CCMIN-U02 08-U02 05-U02 1997-U02 /%City Council Minutes 1 2 August 5, 1 997 Council Member Adolph understood the intent of this was to simplify the system, but felt these discussions were complicating it again. He felt it might be best to let the principals distribute the funds, but would consider other options. Council Member Sniff advised that he was opposed to someone from the schools distributing the funds. Mayor Pro Tem Perkins felt a maximum should be set for any request and that individual requests should not be accepted. The requests should be more formal and have the approval of the principal or PTA of an accredited school) to eliminate the requests coming directly to Council. He was concerned that if the funds are given to the schools to distribute, that they may not be used as Council intended and he felt they should be used to help the groups that are busy trying to raise funds through carwashes, etc. He supported setting a maximum amount of $2,500 for each school and $500 for each request. Council Member Henderson advised that she felt each school has its own needs and that the high school's needs are not any greater than the elementary schools. She supported a maximum of $2,500 for each school and $500 for each request and asked if the applications would be on City forms to be reviewed by the Human Services Commission prior to coming to Council. Mayor Pro Tem Perkins felt that once a procedure is established and the applications have been approved by the principals, that staff could handle it. Council concurred. Mr. Genovese, City Manager, advised that staff would handle the applications on a first-come, first-serve basis and would base approval on the principal's endorsement and the cap amounts set by Council. Mayor Pro Tem Perkins felt it should be made clear that the funds are for programs that schools can't provide. Council concurred that it wouldn't be necessary for the Human Services Commission to review the applications. Mr. Genovese advised that the program would not be publicized. BIB] 10-21-1997-U01 09:34:33AM-U01 ADMIN-U01 CCMIN-U02 08-U02 05-U02 1997-U02 / % I City Council Minutes 13 August 5, 1997 MOTION It was moved by Council Members Sniff/Henderson to approve the policy and guidelines for school grants as outlined: not to exceed $2,500 to each school, with a $500 maximum per request; first-come, first-served; no individual requests; requests must be endorsed by the principal from an accredited public school in La Quinta; and, is not in lieu of anything normally funded by the schools. Mr. Weiss noted that the PTA and La Quinta High School Wrestling Team would be notified of Council's action as previously indicated to them by correspondence. Motion carried unanimously. MINUTE ORDER NO.97-128. 5. CONSIDERATION OF A CONTRACT FOR PROFESSIONAL SERVICES FOR AB939 SERVICES FOR FISCAL YEAR 1997198 WITH ECONOMICS, INC., APPROPRIATE FUNDS IN AN AMOUNT NOT TO EXCEED $40,000, AND AUTHORIZE THE CITY MANAGER TO SIGN THE CONTRACT. Mr. Herman, Community Development Director, advised that an RFP for AB939 services was distributed to approximately 25 firms and that three firms were interviewed, resulting in the Consultant Selection Committee recommending the firm of EcoNomics, Inc. He advised that the account number in the staff report should be changed to 101-402-605-542. In response to Council Member Henderson, Mr. Herman advised that no additional businesses would be solicited to participate in the commercial recycling programs unless there are adequate funds remaining from the La Quinta Hotel and PGA West programs. Council Member Henderson felt some emphasis should be placed in the mailed notice about residents preparing the weekend before spring and fall clean-up days in order for them to not miss the early morning pickups. Council Member Sniff felt that EcoNomics has performed professionally and effectively with all of their assignments with the City. MOTION It was moved by Council Members Sniff/Adolph to approve staff's recommendation to award a Contract for Services with EcoNomics, Inc. for AB939 services for Fiscal year 1997198 in an amount not to exceed $40,000 and to authorize the City Manager to sign the contract. Motion carried unanimously. MINUTE ORDER NO.97-129. BIB] 10-21-1997-U01 09:34:33AM-U01 ADMIN-U01 CCMIN-U02 08-U02 05-U02 1997-U02 /%City Council Minutes 14 August 5, 1997 6. CONSIDERATION OF THE HIGHWAY 111 LANDSCAPE AND BUILDING DESIGN GUIDELINES. There were no changes to the staff report as submitted to the City Council from the Community Development Department and is on file in the City Clerk's Department. Council Member Sniff felt the monument signs should have some type of water feature to make them more effective. Ms. di Iorio, Planning Manager, advised that an alternative design with a water feature was presented to the Planning Commission, but they didn't recommend it because of the cost and maintenance requirements. Council Member Adolph liked the design recommended by the Planning Commission except for the artificial rocks and felt that a water feature could be added without changing the ultimate design, but cautioned that landscaping in front of the low-profile sign would eventually hide it. In regard to the landscaping guidelines, he suggested adding low-level lighting along the meandering sidewalk in the area of the auto mall and suggested that berming in five-foot-wide medians not be allowed and that minimum plant sizes be required. He advised that he wouldn't support the design guidelines because he felt they should be more specific, questioning the correlation of some of the terminology. He felt the bus stop shade structures were too low and suggested changing the design to eliminate the concealed area in the back. He also asked if they would include drinking fountains, lighting, and telephones. Council Member Henderson suggested changing L'should" to shall" in the design guidelines to help make it more specific and agreed that something should be done with the triangular space in the back of the shade structures. She suggested the possibility of using it as a storage area for shopping carts to keep them from being scattered everywhere and noted that the Building Horizons Program might be interested in helping with the construction. She felt the monument sign design was the best she's seen so far and agreed that the landscaping would have to be kept low. She also agreed that a water feature would be nice, depending on the cost and maintenance requirements. After a brief discussion, Council concurred on using real rocks for the monument sign as opposed to artificial ones. Council Member Sniff agreed with having low-level lighting along the meandering sidewalk and drinking fountains at the bus stops, as well as placing telephones periodically along the highway. He was concerned, however, about BIB] 10-21-1997-U01 09:34:33AM-U01 ADMIN-U01 CCMIN-U02 08-U02 05-U02 1997-U02 /% a City Council Minutes 1 5 August 5, 1 997 allowing shopping carts to be stored at the bus stops and felt instead that stores should be encouraged to pick them up on a daily basis. In regard to the design guidelines, he advised that he likes some variation in architecture within a firmly-established theme. Mayor Pro Tem Perkins agreed that there should be some way to handle the shopping carts and that low-level lighting should be along the meandering sidewalk. He felt the monument sign should be bigger and suggested increasing the height beyond 6'-1 0" and using a cluster of rocks with the waterfall instead of one or two. In response to Mayor Pro Tem Perkins, Ms. di Iorio advised that the galvanized metal with burnt lettering would have a rustic appearance and would be illuminated from behind. In response to Council Member Adolph, Mr. Herman, Community Development Director, advised that the 30-foot-long monument sign at the City's westerly entrance would fit within CalTrans' right-of-way. After a brief discussion, Council concurred on increasing the height of the monument signs to 7'-1O" at the top of the rock and 8'-10" at the top of the seal. MOTION It was moved by Council Members Sniff/Henderson to continue consideration of the Highway 111 Landscape & Building Design Guidelines to September 1 6, 1 997 for revisions, taking into account, comments made by the Council. Motion carried unanimously. MINUTE ORDER NO.97-130. Council concurred on taking up Department Report E-1 at this time. DEPARTMENT REPORTS E-1. REPORT ON THE REQUEST OF HEYWOOD COMPANY REGARDING OUTDOOR ADVERTISING SIGNS AT WASHINGTON SQUARE. Ms. di Iorio, Planning Manager, advised that Condition No. 14 of the Washington Square Specific Plan requires that all billboards and other advertising devices along Highway 111 be removed prior to the issuance of the first building permit. At this time, two signs have been removed from the Eagle Hardware site in order for them to receive their building permit and Mr. Heywood is requesting to reinstall them on the project site or on Washington Street. The options available to the City are: 1) remove Condition No.14 from BIB] 10-21-1997-U01 09:34:33AM-U01 ADMIN-U01 CCMIN-U02 08-U02 05-U02 1997-U02 /%City Council Minutes 16 August 5, 1997 the Specific Plan, which would require approval by both the Planning Commission and City Council; 2) revise the Sign Ordinance to allow billboards; or 3) uphold Condition No.14. In response to Council Member Sniff, Ms. Honeywell, City Attorney, advised that the property owner can request that the Specific Plan be amended or the City can choose to revise it. In response to Council Member Adolph, Ms. di Iorio advised that all four signs have been removed two from the Eagle Hardware site and two farther east, but within the Washington Square Specific Plan area. Council Member Sniff suggested that Mr. Heywood contact the property owner to see if he would initiate the request. Hal Heywood, 411 54 Cheyenne Trail, Cherry Valley, owner of Heywood Outdoor Advertising Company of California, believed that failure to address non- conforming uses in the development code was a violation of Section 541 2.6 of the Business Professions Code and that the City cannot use it as a condition to withhold building permits. He stated that their signs are a non-conforming use and their lease is still in effect. They feel that these are key signs for the company and that their rights have been violated. He advised that they wish to find a peaceful settlement to this issue and stay in business in La Quinta. In response to Council Member Sniff, Ms. Honeywell pointed out the difficulty is that the City is not dealing with the property owner and the property owner didn't object to the condition when it was imposed. She advised that there's no mechanism for the City to deal with Mr. Heywood directly and that he needs to deal with the property owner who in turn could deal with the City. Mr. Herman, Community Development Director, advised that the signs were removed by the developer/property owner, not the City. Mr: Heywood felt it was wrong for the City to withhold the building permits until the signs were removed and advised that they have an agreement with the property owner, but were not notified. No action was taken on this matter. Council recessed to 7:00 P. M. BIB] 10-21-1997-U01 09:34:33AM-U01 ADMIN-U01 CCMIN-U02 08-U02 05-U02 1997-U02 /% I City Council Minutes 17 August 5, 1997 700P.M. PUBLIC COMMENT None PUBLIC HEARINGS 1. ENVIRONMENTAL ASSESSMENT 97-340, GENERAL PLAN AMENDMENT 97- 054, CHANGE OF ZONE 97-083, SPECIFIC PLAN 121-E, AMENDMENT #4, TENTATIVE TRACT MAP 28545, SITE DEVELOPMENT PERMITS 97-607 & 97- 608, AND CERTIFICATE OF APPROPRIATENESS 97-003. APPLICANT: KSL RECREATION CORPORATION AND ITS ASSIGNS. REQUEST AND LOCATIONS: 1. APPROVAL OF ENVIRONMENTAL ASSESSMENT 97-340, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR GENERAL PLAN AMENDMENT 97-054, CHANGE OF ZONE 97-083, SPECIFIC PLAN 1 21-E, AMENDMENT #4, TENTATIVE TRACT 28545, SITE DEVELOPMENT PERMITS 97-607 AND 97-608 AND CERTIFICATE OF APPROPRIATENESS 97-003. 2. APPROVAL OF GENERAL PLAN AMENDMENT FROM MDR MEDIUM- DENSITY RESIDENTIAL 4-8 DWELLING UNITS PER ACRE) TO TC TOURIST COMMERCIAL) FOR APPROXIMATELY 14.8 ACRES GENERALLY LOCATED ON THE WEST SIDE OF AVENIDA OBREGON SOUTH OF AVENIDA FERNANDO, AND FROM LDR LOW-DENSITY RESIDENTIAL 24 DWELLING UNITS PER ACRE) TO TC TOUR!ST COMMERCIAL) FOR APPROXIMATELY 17.6 ACRES AT THE SOUTHEAST CORNER OF 50TH AVENUE AND EISENHOWER DRIVE. 3. APPROVAL OF ZONE CHANGE FROM RM MEDIUM-DENSITY RESIDENTIAL 4-8 DWELLING UNITS PER ACRE) TO TC TOURIST COMMERCIAL) FOR APPROXIMATELY 14.8 ACRES GENERALLY LOCATED ON THE WEST SIDE OF AVENIDA OBREGON, SOUTH OF AVENIDA FERNANDO, AND FROM RL LOW-DENSITY RESIDENTIAL 24 DWELLING UNITS PER ACRE TO TC TOURIST COMMERCIAL) FOR APPROXIMATELY 17.6 ACRES AT THE SOUTHEAST CORNER OF 50TH AVENUE AND EISENHOWER DRIVE. BIB] 10-21-1997-U01 09:34:33AM-U01 ADMIN-U01 CCMIN-U02 08-U02 05-U02 1997-U02 /% I City Council Minutes 18 August 5, 1997 4. APPROVAL OF AMENDMENT #4 TO SPECIFIC PLAN 121-E TO UPDATE THE PLAN AND ALLOW NEW DEVELOPMENT AND USES FOR THE AREA COMPRISING THE LA QUINTA RESORT, SANTA ROSA COVE, LA QUINTA RESORT GOLF COURSE, ABUTTING TRACTS, AND THE SOUTHEAST CORNER OF 50TH AVENUE AND EISENHOWER DRIVE. 5. APPROVAL OF TENTATIVE TRACT MAP 28545 TO DIVIDE APPROXIMATELY 62.5 ACRES INTO 132 LOTS FOR THE AREA ENCOMPASSING THE LA QUINTA RESORT AND CLUB LOCATED GENERALLY WEST OF EISENHOWER DRIVE AND SOUTH OF AVENIDA FERNANDO. 6. APPROVAL OF SITE DEVELOPMENT PERMIT 97-607 TO ALLOW REMOVAL OF SEVEN TENNIS COURTS, 18 HOTEL UNITS, EMPLOYEE PARKING, AND MAINTENANCE FACILITIES AND REPLACE WITH 119 RESORT-RESIDENTIAL UNITS AND A HEALTH SPA OF APPROXIMATELY 19,400 SQUARE FEET IN THE AREA GENERALLY LOCATED BETWEEN AVENIDA OBREGON AND CALLE MAZATLAN, SOUTH OF THE LA QUINTA TENNIS CLUB AND ON THE EAST SIDE OF AVENIDA OREGON, ACROSS FROM THE TWO EXISTING SUNKEN TENNIS COURTS. 7. APPROVAL OF SITE DEVELOPMENT PERMIT 97-608 TO ALLOW CONSTRUCTION OF A GOLF COURSE/HOTEL MAINTENANCE FACILITY INCLUDING A 14,600 SQUARE FOOT BUILDING AND PARKING LOT FOR ALL HOTEL AND GOLF COURSE EMPLOYEES ON APPROXIMATELY 6.2 ACRES LOCATED ON THE SOUTH SIDE OF 50TH AVENUE, APPROXIMATELY 210 FEET EAST OF EISENHOWER DRIVE. 8. APPROVAL OF CERTIFICATE OF APPROPRIATENESS 97-003 TO ASSURE ARCHITECTURAL COMPATIBILITY BETWEEN HISTORIC STRUCTURES AND PROPOSED CONSTRUCTION, PURSUANT TO SECRETARY OF INTERIOR STANDARDS. The Mayor Pro Tern advised that this is a CONTINUED PUBLIC HEARING. Ms. di Iorio, Planning Manager, briefly reviewed a list of modifications to the conditions of approval that staff is recommending in order to address some of the concerns raised by the neighboring community. She advised that Condition No.49 of Tentative Tract 28545 would require KSL to quitclaim all rights to the Calle Mazatlan security gate and, thereby, require the residents of this tract to use the entrance at Avenida Fernando. Other recommended conditions would specify tree sizes and require the developer to complete the golf course facilities on Avenida Cabana in accordance with CUP 96-024 prior to the BIB] 10-21-1997-U01 09:34:33AM-U01 ADMIN-U01 CCMIN-U02 08-U02 05-U02 1997-U02 /% a City Council Minutes 19 August 5, 1997 issuance of any construction permits for improvements. She advised that staff is also recommending the following changes to the text of the Specific Plan, resolutions, and ordinance: 1) GPA Resolution clarification that the 6 acres at the northeast corner of Calle Mazatlan and Camino Quintana shall remain Medium-Density Residential; 2) CZ Ordinance clarification that the Resort Residential Overlay District is a part of the zoning and that there will be no other commercial uses except for those in Planning Area 1; 3) Specific Plan clarification of permitted uses in the Tourist Commercial zone and that Planning Area 2 is residential only. She advised that the applicant wishes to review their amended Site Plan which shows a reduction in the parking lot area and the removal of the maintenance facility. Chevis Hosea, Vice President of Land & Commercial Development for KSL Recreation Corporation, advised that in response to some of the neighboring community's concerns, KSL is withdrawing their request to change the zoning to Tourist Commercial on the 1 2 acres at Avenue 50 and Eisenhower Drive. They are requesting a Tourist Commercial zoning designation for their relocated parking lot facility which is south and east of the existing golf fairways adjacent to Avenue 50 and Eisenhower Drive. The uses for that area will be restricted to parking and residential and the remaining 61/2 acres with the Tourist Commercial designation will be restricted to residential uses. He noted that the available uses within that site are consistent with the residential zone use and added that the TC designation is needed to allow for rentals less than 30 days. He further advised that the entrance to the site would be a right-in and right-out only on Eisenhower Drive. In response to Council Member Sniff, Mr. Hosea advised that the zone change is restricted to Parcel Map 28334. The maintenance facility will be on the existing site at Avenida Carranza and there will be no parking or maintenance facilities on the parcel at Avenue 50 and Eisenhower Drive. He advised that they have no * plans to develop that parcel at this time and that any future development would be subject to the Low-Density Residential zoning designation. In response to Council Member Henderson, Mr. Hosea advised that the area with the Tourist Commercial designation will be conditioned according to the Specific Plan with the conditions listed from Planning Area 2. BIB] 10-21-1997-U01 09:34:33AM-U01 ADMIN-U01 CCMIN-U02 08-U02 05-U02 1997-U02 /%City Council Minutes 20 August 5, 1 997 In response to Council Member Adolph, Mr. Hosea advised that a living/chain- link fence would be used around the parking area and Ms. di Iorio advised that it would have to be noted in the Specific Plan. Mr. Hosea noted that it's not intended to be a permanent parking area for the hotel and that they hope to find a better parking solution in the future. Council Member Adolph pointed out that any future development at Avenue 50 and Eisenhower Drive would have to be compatible with the surrounding properties. Mr. Hosea advised that they've been working with staff on this project since last March and have talked to association representatives from La Quinta Tennis Villas, Los Estado, Enclave Mountain Estates, Santa Rosa Cove, Santa Rosa Estates, Villa Vista, Duna La Quinta, Lago La Quinta, and La Quinta Country Club. They've also met with Andy Vossler, a number of tennis members, and spoke or corresponded with over 100 other individuals. He then proceeded to address the following issues of concern that have been raised, noting that the maintenance facility has been eliminated: Traffic issue: Avenue 50 only reaches 11 % of its capacity and Eisenhower Drive less than 33%, which means that even at complete build-out, these arterials won't reach the capacity for which they were designed. Since the parking facility has been relocated and the Low-Density Residential area will not be developed at this time, they are asking for removal of the condition of approval that requires KSL to reimburse the City for 50% of the cost of the arterial. Parking issue: The parking facility has been relocated and they have agreed to contribute $120,000 to Santa Rosa Cove for either gate improvements at Avenue 50 to allow additional stacking of vehicles and/or storm drain improvements. They've also agreed to increase their street maintenance obligation by 11 % and will reimburse the association for security costs associated with their homeowners or guests using these facilities. Zoning Change to Tourist Commercial: They need this designation in order to legally allow rental periods of less than 30 days. He noted that the uses in the residential Specific Plan Overlay are restricted to residential with the exception of the parking lot. Density: The addition of 85 units will not increase the density of the project because the Specific Plan allows for 200 available units and only 48 exist at this time. He noted that most of the amenities were developed during the early BIB] 10-21-1997-U01 09:34:33AM-U01 ADMIN-U01 CCMIN-U02 08-U02 05-U02 1997-U02 /% I City Council Minutes 21 August 5, 1997 stages of the project and that they're now ready to complete the residential phase. He further noted that they're proposing to retain the cap of 110 residential units at the corner of Avenue 50 and Eisenhower Drive. Scott Dalecio, 49-499 Eisenhower Drive, President of La Quinta Resort and Country Club, further addressing some of the issues, advised that this will be a gated community with on-site security cameras and that it will be patrolled 1 8-20 times a day by KSL's roving patrol. The parking facility lighting will be in accordance with the Dark Sky Ordinance and the traffic impact has been reduced by moving the maintenance facility. The shuttle system will be restricted to right-in, right-out turns and, although, it will use the hotel's main driveway entrance at certain times of the year, it will use the Avenida Fernando gate most of the time since it has a traffic signal. In response to Mr. Dalecio, Mr. Speer, Senior Engineer, advised that under proposed Condition No.49 of the Tentative Tract Map, KSL would quitclaim their access rights to the Calle Mazatlan gate, thereby requiring all future TC homeowners and hotel guests of the new units to use the Avenida Fernando gate. Mr. Dalecio asked that that condition be stricken since they've addressed the stacking issue by agreeing to fund improvements to the Calle Mazatlan gate and to refer the Las Casitas guests to the Avenida Fernando gate. Mr. Speer advised that the project has always been presented with the traffic being routed through the Avenida Fernando access and this condition would assure it. Mr. Hosea noted that they've agreed to restrict both homeowners and guests to the Avenida Fernando access, but questioned being able to quitclaim their access rights for only certain people without injuring their legal access rights to both facilities. Mr. Speer advised that the quitclaim would only be for ingress rights at the Calle Mazatlan gate, not egress or any of the streets within Santa Rosa Cove. Nola Dyal, general counsel for KSL Recreation Corporation, advised that they would be willing to restrict the easement rights, but didn't feel that actually quitclaiming their rights would be acceptable. Mr. Speer felt the method could be changed, as long as it remains in effect after the project is approved. BIB] 10-21-1997-U01 09:34:33AM-U01 ADMIN-U01 CCMIN-U02 08-U02 05-U02 1997-U02 /% 5 City Council Minutes 22 August 5, 1 997 Ms. Dyal suggested changing the condition to specifically restrict the homeowners and guests within that district to use the Avenida Fernando gate. Ms. Honeywell, City Attorney, advised that adding some type of easement right mechanism would be a start and suggested that perhaps instead of specifying quitclaim ingress rights in the condition, that it be amended with, in a manner, subject to approval of the City to insure that the ingress rights are not utilized." In regard to the requirement to complete construction of the golf maintenance facilities prior to beginning the rest of the project, Mr. Dalecio asked that they be allowed to do the construction simultaneously, rather than hold up the rest of the development. Ms. Honeywell noted that KSL has been conditioned to make these changes for two years, but haven't done them as of yet and it wouldn't seem that the time required to complete the wall and parking would be that detrimental to the rest of the project. The City would like to see that portion completed and know that it's finished before the balance of the project moves forward. In response to Council Member Henderson, Ms. Honeywell advised that she didn't see a problem with allowing the demolition and grading to be done simultaneously with the parking improvements. Mr. Dalecio asked that Condition Nos. 54 and 55 be stricken since the parking facility is not.considered to be a ldng-term solution. Council Member Henderson pointed out that these conditions were directly related to the parking facility that was to be built at Avenue 50 and Eisenhower Drive, but has since been moved to another location and she asked if the new site would have shade trees to which Mr. Dalecio responded yes. In response to Council Member Adolph, Mr. Dalecio advised that the parking facility plans would be handled by staff and not come back to Council. Larry Lichlighter, of KSL Recreation, advised that they're trying to find the best solution for the parking situation and that this may be it, but in order to minimize costs, they prefer to not put in 48" box trees until they're sure. Council Member Henderson suggested giving them a two-year period to determine if the site will be permanent. BIB] 10-21-1997-U01 09:34:33AM-U01 ADMIN-U01 CCMIN-U02 08-U02 05-U02 1997-U02 /% 1 City Council Minutes 23 August 5, 1 997 Ms. di Iorio advised that the requirement to provide shade trees in parking facilities is part of the City Code, therefore, staff is asking that Condition No. 55 be retained. Mr. Lichlighter asked for six months to determine if the site is going to be permanent since there is no visual impact to surrounding properties. Mr. Herman, Community Development Director, noted that the purpose is to provide shade, not beautification. After a brief discussion, it was determined that the trees could temporarily be left in their 24" boxes as long as they are irrigated. David Erwin, 45-525 Navajo Road, Indian Wells, advised that he was concerned about Council discussing conditions of approval and maps that haven't been seen before, noting that mistakes are more likely to happen when you get in a hurry. He felt the ingress/egress on Eisenhower Drive should be addressed and continued to believe that Council should require an EIR for the project and should look at all of the alternatives. He felt a lot of progress has been made and that many of the concerns have been removed, but suggested continuing the project and sending it back to the Planning Commission to give everyone an opportunity to review the entire project, including the agreements with the homeowner associations. Elaine Lloyd, 77-313 CaIle Mazatlan, Vice President of the Board of Directors for the Santa Rosa Cove Homeowners Association, advised that after extensive negotiations, they have come to an agreement with KSL on 10 out of 11 points of concern. They no longer oppose the contract, but asked that a signed agreement between KSL and Santa Rosa Cove be a condition of the project. She advised that the negotiated agreement needs to be put in legal form. She further advised that prior to negotiations, they requested their members to respond in opposition to this project and, although, they've changed their position, they feel the responses should be included in the record and have, therefore, submitted them to the City Clerk. Helen Everson, 78-014 Lago Drive, advised that she's lived there for 14 years and is opposed to what she's heard at this meeting. She didn't feel that their plan is well prepared and asked how many parking lots in La Quinta have 240 parking spaces. James Bubba" Lloyd, 77-313 Calle Mazatlan, was concerned that removing Avenida Obregon from the middle of the site would increase the traffic in Santa Rosa Cove and noted that the infrastructure there wasn't developed to BIB] 10-21-1997-U01 09:34:33AM-U01 ADMIN-U01 CCMIN-U02 08-U02 05-U02 1997-U02 /%City Council Minutes 24 August 5, 1 997 accommodate an 800-room hotel. In order to keep the new traffic out of Santa Rosa Cove, he offered a suggestion that included keeping Avenida Obregon open and placing the spa on the east side grading down four feet under the walkways and back up where a five-foot rise bridge could be built across the pedestrian walkway and provide a nine-foot-high access which could handle 95% of the traffic. KSL would lose one pod of their units, but it would preserve Santa Rosa Cove's peace and quiet. Sam Knappenberger, 45-155 Camino Dorado, Indian Wells, President of La Quinta Country Club, believed the club, hotel, and City had lived together in harmony for years until KSL came in with a plan to develop the land to its fullest extent and lower the standards that others have tried to maintain for years. He felt the area should be developed with upscaled residential homes and that approval of this project would be an abusive exercise of Council's power to control land uses because it promotes the health, safety, morals, and private welfare of only one corporate member of the community. He submitted 507 letters and 1 67 petitions that supported his comments and urged Council to let the area be developed in a manner that would make all of La Quinta proud. John Eger, Lot 11 6, La Quinta Estates, advised that he agreed with Mr. Knappenberger and Mr. Erwin. Donna Martin, 49-320 Avenida Fernando, advised that she, too, agreed with their statements. Richard Crissman, 49-1 60 Big Horn Trail, was pleased that KSL is no longer requesting a zone change at Avenue 50 and Eisenhower Drive, but didn't fully understand how firm their commitment is to retain a low-density status there. He felt that area is too important for this project to be dealt with without further review by staff and the Planning Commission and urged Council to maintain their carefulness in considering this project. Wayne Guralnick, 74-399 Highway 111, Palm Desert, general counsel for Lago La Quinta, advised that they are in agreement with the developer's compromise and withdraw their opposition to the project, but wish to make sure that the area at Avenue 50 and Eisenhower Drive will remain Low-Density Residential. They also have some concern regarding the transitory nature of the parking facility and wish to have some assurance that any change in the location will be brought back to Council. He felt there should be some criteria set for any relocation of the facility as well as some consideration as to how it will look during its transitory state. BIB] 10-21-1997-U01 09:34:33AM-U01 ADMIN-U01 CCMIN-U02 08-U02 05-U02 1997-U02 /% I City Council Minutes 25 August 5, 1 997 Della Davis, 48-770 Via Sierra, expressed appreciation for Council's concern regarding this project and advised that there have been no meetings with KSL to mitigate the zone change concerns of the Enclave, Mountain Estates, and Tennis Villas. She advised that they're opposed to all of the traffic being diverted to the Avenida Fernando gate and she feels that Mr. Lloyd's suggestion for keeping Avenida Obregon open is a viable solution worth considering. They feel the zone change is an abrogation of their rights because they purchased their properties based on zoning that assured a residential neighborhood In addition, many are upset because they purchased their homes based on the existence of 30 tennis courts and now some are being eliminated. She stated that many of them feel that KSL's proposal constitutes fraud and that the Council shouldn't support such unethical behavior. She further advised that the property owners in the Tennis Villas and Enclave are adamantly opposed to the high-density development proposed on 4.4 acres and noted that the original approval for 200 units was based on nearly 24 acres which is 4 to 8 units per acre, not 1 2-1 6 as currently proposed. She urged Council to deny the zone change and to ask KSL to reduce the density of the development, retain the tennis courts, and reduce the negative impacts on the surrounding properties. Philip Burkhardt, P.O. Box 1 369, Rancho Santa Fe, attorney for La Quinta Tennis Villas, felt there would be a significant traffic impact to the Tennis Villas if all the additional traffic is routed to the Avenida Fernando gate and that there would also be a negative impact from the marketing concept which is basically a reverse time share. He believed the complexity of the environmental analysis and traffic report themselves deserve a more-detailed study by an independent consultant before a negative declaration is approved and pointed out that changing the General Plan would allow the landowner/developer to make changes in the project without the public notification and environmental review that was previously required. He felt that KSL has carefully put together what they want Council to see, but haven't been forthright with the community and asked Council to look at the alternatives by taking a closer study of the environmental and development options of this project. Andy Vossler, 49-910 Lago Circle Drive, stated that he wasn't told that what he agreed to was temporary and, although, he felt his concerns could be mitigated, he wanted KSL to know that he's concerned about the definition of interim use and what will follow it. What he was told by KSL is that all ingress and egress at Eisenhower Drive would be right-turns only and that there would be no zone change on the property immediately south of Avenue 50 that's currently not owned by KSL. In addition, there would be no ingress or egress off of Avenue 50 to the south and no maintenance facility in the southeast quadrant of Avenue 50 and Eisenhower Drive. They also agreed to fully fence and landscape the northern boundary of the proposed parking lot. He asked for BIB] 10-21-1997-U01 09:34:33AM-U01 ADMIN-U01 CCMIN-U02 08-U02 05-U02 1997-U02 /%City Council Minutes 26 August 5, 1997 clarification on whether or not the 110 units are included in the Tourist Commercial area and suggested a tax-sharing method which he felt would help KSL to mitigate some of the costs related to the parking facility. In closing, he asked Council to condition the project to be at the standard and quality that the people of the community are used to. Council Member Sniff advised that, due to the proposed changes, he would feel more comfortable if this matter was continued to September 1 6th to give staff time to get a clearer understanding of the changes and to discuss the possibility of doing an EIR with KSL. He needed clarity and some real sense of the long- term project rather than dealing with changes and temporary uses. Council Member Adolph felt that KSL has made some very positive steps forward, but agreed with Council Member Sniff and felt it's obvious that many of the people still have some major concerns with the project. Council Member Henderson agreed that it's a very complex project, even with the significant changes that have been made in response to the concerns of the people. She noted that a lot of time has been spent trying to accommodate everyone's concerns, but it's apparent that there are still some distances and concerns and whether or not there's an understanding about the changes that have been made. She asked for clarification regarding the temporary status of the parking facility. Mr. Hosea advised that the parking facility would be permanent unless other property is acquired in the future that would provide a better parking solution for the hotel and would be acceptable to Council and the homeowners. He pointed out that they've reached an agreement with Santa Rosa Cove and that Duna La Quinta and Lago La Quinta have both withdrawn their opposition. He felt that when the opposition is reduced down to non-land-use issues, that approval of a 11 9-unit subdivision and 240-space parking lot shouldn't be a difficult decision. He advised that they've looked at Mr. Lloyd's suggestion, but it doesn't work because of the access restriction for fire vehicles. He noted that the density would be the same as the Tennis Villas, which is 10 units per acre, and in regard to the timeshare comment, advised that they would be fee-simple, whole ownership, residential units without any requirement to lease. Council Member Henderson noted that this is not an easy project and felt that each of the changes would have to be dealt with individually should Council wish to move forward at this time. Mayor Pro Tem Perkins felt the Council has a responsibility to both the homeowner and commercial industry. He noted that the commercial industry BIB] 10-21-1997-U01 09:34:33AM-U01 ADMIN-U01 CCMIN-U02 08-U02 05-U02 1997-U02 /% I City Council Minutes 27 August 5, 1997 provides a large portion of the City funding that provides services for the homeowners and that until recently, the hotel paid more taxes than all of the other businesses in the City combined. He feels that the City is in partnership with its businesses and the entire hotel area and wishes to preserve the style of living that we're used to along with accepting progress. He felt KSL has done a very good job in trying to accommodate the homeowner associations, but due to the number of proposed changes, he wasn't prepared to move forward with this proposal at this time and advised that he would support a continuance. He stated that he didn't wish to do anything that would jeopardize the future of the City, nor discourage good development. In reference to a question from the last meeting as to why such projects are considered during the summer when so many residents are gone, he pointed out that the number of full-time residents is increasing, making that less of an issue for consideration. However, he did feel that the area of notification should be expanded. Council Member Sniff wished to have staff look into Mr. Vossler's suggestion of tax sharing, in hopes that it would enable KSL to find a way to place the parking facility closer to the hotel, and possibly, underground. Mr. Dalecio felt they would be remiss if they didn't have the City's traffic engineer address some of the traffic issues that have been raised and in response to some of the comments, advised that the tennis facility, clubhouse, tournament office, library, etc. were built well before the Tennis Villas units were built and the project which has always been described as a 1 500-unit project, currently has approximately 1 200 units. In response to Mr. Vossler's question regarding the number of units, he advised that the 110 units are in addition to the Tourist Commercial area. He further advised that they would welcome tax sharing, but didn't feel that it should hold up their current parking solution and hoped to move forward with the project. Council Member Sniff understood the developer's concern, but felt KSL could work out some of the issues with staff before September 1 6th and present something that Council could approve. Council Member Henderson noted that normally there would be a meeting in two weeks, but with Council going dark for two meetings, a continuance would postpone a decision until September 1 6th* Council Member Sniff wasn't sure that the issues of concern could be dealt with effectively in this forum and felt a continuance would allow an opportunity for KSL and City staff to solve some of the problems and present Council with a clear, defined package on September 1 6th: BIB] 10-21-1997-U01 09:34:33AM-U01 ADMIN-U01 CCMIN-U02 08-U02 05-U02 1997-U02 /% 5 City Council Minutes 28 August 5, 1 997 Council Member Adolph agreed and felt the revised plans should be given to the homeowner associations for review as well. Council Member Sniff concurred. MOTION It was moved by Council Members Sniff/Adolph to continue the matter of Environmental Assessment 97-340, General Plan Amendment 97-054, Change of Zone 97-083, Specific Plan 121-E, Tentative Tract Map 28545, Site Development Plans 97-607 & 97-608, and Certificate of Appropriateness 97- 003 to September 1 6, 1 997 and direct staff to work with all appropriate KSL representatives to iron out and clarify what they possibly can, so that Council can deal with it September 16, 1997. Motion carried unanimously. MINUTE ORDER NO.97-131. 2. ZONING ORDINANCE AMENDMENT 97-056 TO PROHIBIT INDEPENDENT USED VEHICLE SALES, EXCLUDING NEW VEHICLE SALES WITH ASSOCIATED USED VEHICLE SALES IN THE REGIONAL COMMERCIAL DISTRICT. The Mayor Pro Tern declared the PUBLIC HEARING OPEN. Ms. di Iorio, Planning Manager, advised that this amendment would prohibit used vehicle sales that are not in association with new vehicle sales and would insure the preservation of the existing and future landscape and architectural image along Highway 111 which is designated in the General Plan as a primary image corridor. The Planning Commission recommended approval of the amendment on July 22, 1997, and on August 12, 1997, will consider a request for a one-year extension on a Conditional Use Permit that expires on October 10, 1 997 for an existing used car sales business on Highway 111. Council Member Henderson stated she was concerned in the beginning about how the City could prohibit certain private enterprise, but understands now that it's only being prohibited in the Regional Commercial Zoning District on Highway 111. Council Member Adolph felt that with the upcoming auto mall, it's probably advisable to get rid of what's happening across the street which is not aesthetically pleasing. He advised that he didn't have a problem with allowing a one-year extension on the CUP since the auto mall probably won't be completed during that timeframe. In response to Mayor Pro Tern Perkins, Ms. Honeywell, City Attorney, advised that the amendment is legal because of the significant findings in the resolution BIB] 10-21-1997-U01 09:34:33AM-U01 ADMIN-U01 CCMIN-U02 08-U02 05-U02 1997-U02 /% I City Council Minutes 29 August 5, 1997 that bear out why this type of use is not appropriate in this particular location and because another zoning area is available. The City is not outlawing the use, but rather defining which area is more appropriate. There being no one else wishing to speak, the Mayor Pro Tern declared the PUBLIC HEARING CLOSED. MOTION It was moved by Council Members Sniff/Henderson to take up Ordinance No.307 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO.307 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT TO PROHIBIT INDEPENDENT USED VEHICLE SALES, EXCLUDING NEW VEHICLE SALES WITH ASSOCIATED USED VEHICLE SALES IN THE REGIONAL COMMERCIAL DISTRICT, SECTION 9.80.040, TABLE 801 OF THE MUNICIPAL CODE ZONING ORDINANCE AMENDMENT 97-056). It was moved by Council Members Sniff/Adolph to introduce Ordinance No.307 on first reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Sniff, Mayor Pro Tern Perkins NOES: None ABSENT: Mayor Holt ABSTAIN: None 3. AMENDMENTS TO THE FIRST AMENDED AGREEMENT FOR THE COLLECTION, TRANSPORTATION, AND DISPOSAL OF MUNICIPAL SOLID WASTE BY AND BETWEEN THE CITY OF LA QUINTA AND WASTE MANAGEMENT OF CALIFORNIA, INC.; APPROVAL OF THE REQUESTED RATE INCREASE FOR RESIDENTIAL WASTE COLLECTION FEES, AND DIRECT CHARGES FOR RESIDENTIAL PROPERTIES TO BE ADDED TO THE TAX ROLLS. The Mayor Pro Tern declared the PUBLIC HEARING OPEN. Mr. Herman, Community Development Director, advised that the purpose of this * hearing is to consider residential waste collection fees and placement of same on the tax rolls. He further advised that this fee will not be assessed on vacant parcels. The 1997/98 proposed annual fee is $119.04 which represents an annual increase of $0.20 per month and includes the $0.13 for the disposal BIB] 10-21-1997-U01 09:34:33AM-U01 ADMIN-U01 CCMIN-U02 08-U02 05-U02 1997-U02 /% 5 City Council Minutes 30 August 5, 1 997 reconciliation account. The Council considered amendments to the City's Waste Franchise Agreement on June 1 7, 1 997, and directed the City Attorney and staff to meet with Waste Management to discuss the various issues. The meetings resulted in the following agreements: 1) that language similar to the Indian Wells Agreement related to billing and collection responsibilities be included in the contract; 2) that the 5:30 a.m. service start time be allowed; 3) that a refund provision be established for those residences choosing to have a vacation status; and, 4) that there be a provision for residents to have the option of having smaller waste containers. They also agreed upon a direct- billing monthly charge of $5.40 for each additional residential waste container requested. The rate increase consists of $0.07 for cost of living and $0.13 for a potential rate reconciliation with Waste Management and the audit of the reconciliation is expected to be completed by September 1 *. He advised that the $0.1 3 reconciliation fee and a portion of the $8.50 recycling fee will be used to pay any future reconciliation. In response to Council Member Adolph, Mr. Herman advised that the $0.13 amount was established for the public hearing and can be decreased, but not increased without proper re-notification of another public hearing. The $0.13 reconciliation fee will be determined on a yearly basis. In response to Mayor Pro Tem Perkins, Mr. Herman advised that vacant parcels would not be assessed. Donna Dicki9on, 44-670 Saffron Court, asked that the assessment be changed to be figured on a calendar year like it's billed by Waste Management instead of on a fiscal year because the assessment is pro-rated if the property is sold. Ms. Honeywell, City Attorney, advised that, traditionally, since the City has used the tax rolls to collect waste fees, we've had the discrepancy between the fact that Waste Management bills on an annual basis and the tax system is on a fiscal year basis. During negotiation of the last contract, it was determined that changing it would require a rate increase to adjust for Waste Management having to provide services ahead of receiving payment. She advised that by the time the County collects the tax bill in March, pays the City, and then the City pays Waste Management, actual receipt of the payment is not far off from the calendar year. The only time it's an issue is when property is sold and the new owners are charged directly until their tax billing takes effect, but they should receive reimbursement from Waste Management for any dual payments and if they feel their concerns are not being addressed, they should contact the City. Ted Marten8, 79-740 Northwood, Board Member of the PGA West II Residential Association, advised that they have concerns about the same issue. He felt the BIB] 10-21-1997-U01 09:34:33AM-U01 ADMIN-U01 CCMIN-U02 08-U02 05-U02 1997-U02 /% 5 City Council Minutes 31 August 5, 1997 problem is more difficult than discussed and that due to the language in the agreement, all new homeowners in the City will overpay for their trash service. He noted that when a home is purchased on 7/1/97 and sold on 6/30/98, it will be billed for 1 2 months of trash service on the tax bill and a minimum of 6 months from Waste Management and yet only receive 1 2 months of service. He felt there's no method for getting the overpayment back, citing an ongoing problem they*ve had in trying to collect an overpayment from 1 990-1 994 amounting to $30,000, of which $20,000 is for dual payments by new homeowners. He felt that if the decision was made during negotiations to leave the billing practice as is in order to avoid a rate increase, then new homeowners are being asked to subsidize a lower rate for everyone else and that*s wrong. He felt the payment should be made for the period in which the service is provided. Tom Freeman, Vice President of Waste Management of the Desert, advised that it's their intention to pay back anything they owe and are meeting with the association next week to further address this issue. There being no one else wishing to speak, the Mayor Pro Tem declared the PUBLIC HEARING CLOSED. RESOLUTION NO.97-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING THE REPORT PRESCRIBING THE CHANGES FOR RESIDENTIAL PARCELS FOR CITY-FURNISHED REFUSE COLLECTION FOR 1997198 AND DIRECTING THAT SUCH CHARGES BE COLLECTED ON THE TAX ROLLS. It was moved by Council Members Sniff/Henderson to adopt Resolution No.97- 68 as submitted. Motion carried unanimously. RESOLUTION NO.97-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A FIRST AMENDMENT TO THE AGREEMENT FOR COLLECTION, TRANSPORTATION, AND DISPOSAL OF MUNICIPAL SOLID WASTE BY AND BETWEEN THE CITY OF LA QUINTA AND WASTE MANAGEMENT OF CALIFORNIA. It was moved by Council Members Sniff/Adolph to adopt Resolution No.97-69 as submitted. Motion carried unanimously. Council Member Henderson asked that all letters received on this matter be responded to. BIB] 10-21-1997-U01 09:34:33AM-U01 ADMIN-U01 CCMIN-U02 08-U02 05-U02 1997-U02 / % a City Council Minutes 32 August 5, 1 997 BUSINESS SESSION..................continued 7. CONSIDERATION OF EXTENDING THE COMMUNITY INFRASTRUCTURE FEE. Mr. Vogt, Public Works Director, advised that the infrastructure fee established on August 4, 1987, became effective on October 5, 1 987 and has a sunset" clause scheduled for 10 years. Staff has been working with RSG and DMG on developing a new developer fee for infrastructure and is close to completion. Staff is recommending that the proposed resolution be adopted which will extend the original infrastructure fee until the new developer fee is approved. This will give staff time to address the new fee with BIA and the development community and resolve any concerns they may have. RESOLUTION NO.97-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, EXTENDING RESOLUTION NO.87-39, RELATIVE TO THE COMMUNITY INFRASTRUCTURE FEE POLICY. It was moved by Council Members Henderson/Sniff to adopt Resolution No.97- 70 as submitted. Motion carried unanimously. 8. CONSIDERATION OF AUTHORIZING AN APPROPRIATION OF FUNDS TO COMPLETE PLANS AND SPECIFICATIONS, CONSTRUCTION, AND MAINTENANCE FOR IRRIGATION AND LANDSCAPING OF THE VACANT CITY- OWNED PARCEL SOUTH OF ACE HARDWARE AND WEST OF DESERT CLUB DRIVE. Mr. Vogt, Public Works Director, advised that on June 3, 1997, Council directed staff to investigate the possibility of landscaping or some other type of stabilization, of City property located south of Ace Hardware and west of Avenida Bermudas. The original landscaping and irrigation has been damaged through the years and no longer exists. The landscaping, grass, irrigation, temporary barrier for protecting the irrigation, and design plans will cost approximately $6,500 and yearly maintenance is estimated at $5,200. He advised that due to Proposition 21 8, funding for this project must come from a source other than the Landscape and Lighting District, possibly the General Fund. Staff recommended that $1 1,700 be appropriated to complete the design plans and specifications, construction, and maintenance costs for one year. In response to Council Member Adolph, Mr. Vogt advised that the $6,470 amount includes grading and installation. BIB] 10-21-1997-U01 09:34:33AM-U01 ADMIN-U01 CCMIN-U02 08-U02 05-U02 1997-U02 /!% a City Council Minutes 33 August 5, 1 997 Council Member Sniff felt it would enhance the downtown area and help control the dust. In response to Mayor Pro Tern Perkins, Mr. Vogt advised that it hasn't yet been determined if the temporary barrier will be fencing material, post and cable, or movable concrete curbing, but the barrier will be set back enough for vehicles to safely park on the edge of the street. The area will continue to be used for parking during the arts festival, but the temporary barrier will enable staff to control the parking and cones and striping will be used to protect the irrigation. In response to Mayor Pro Tern Perkins, Mr. Genovese, City Manager, advised that the General Fund is the only funding source available for this project because the other funds are restricted. Mayor Pro Tem Perkins felt it's a good project, but also felt the City has done a good job in building up the General Fund and that it shouldn't be used for this type of project. Council Member Henderson was concerned about the same thing and noted that since it was discussed earlier, it could have been budgeted. She suggested funding it from the Special Project Contingency Fund since it's for small contingencies that aren't in the budget. In response to Council Member Adolph, Mr. Genovese advised that the General Fund balance is currently approximately $3.4 million. Council Member Sniff agreed that it's important to build up the General Fund and he didn't like using it, but felt it's there for periodical use and that this amount wouldn't seriously impact it. He was concerned about using the Special Project Contingency Fund for this particular project, noting that it's early in the fiscal year and the fund amount has been reduced from prior years. Council Member Henderson felt it's a worthwhile project and agreed that it's not going to seriously impact the reserve account, but didn't like opening that door because it makes it easier to do the next time. However, she advised that she would support the project. MOTION It was moved by Council Members Sniff/Adolph to appropriate $1 1,700 from the General Fund to complete design plans and specifications, construction, and maintenance costs for irrigation and landscaping of the City- owned parcel directly south of the Ace Hardware parcel. BIB] 10-21-1997-U01 09:34:33AM-U01 ADMIN-U01 CCMIN-U02 08-U02 05-U02 1997-U02 /"% a City Council Minutes 34 August 5, 1997 Mayor Pro Tern Perkins advised that he would reluctantly support the motion, but it's not an indication that he will agree to use the General Fund again in the future. Motion carried unanimously. MINUTE ORDER NO.97-132. 9. SECOND READING OF ORDINANCES ORDINANCE NO.305 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING CHANGE OF ZONE 97-082 FOR AREAS IDENTIFIED AS AREA A, AREA B, AREA C, AND AREA D. It was moved by Council Members Sniff/Henderson to adopt Ordinance No.305 on second reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Sniff, Mayor Pro Tern Perkins NOES: None ABSENT: Mayor Holt ABSTAIN: None 10. CONSIDERATION OF APPROVAL OF RECOMMENDATION FROM THE ART IN PUBLIC PLACES COMMISSION FOR APPROPRIATION OF AN ADDITIONAL $5,600 FROM THE APP FUND TO COVER THE COST OF ADDING A CENTER POLE TO THE ARTWORK FOR THE FRITZ BURNS PARK. There were no changes to the staff report as submitted to the City Council from the Community Development Department and is on file in the City Clerk's Department. Council Member Adolph was concerned that the addition of the center pole metal palm tree) had caused inadequate spacing for the swings and presents a safety hazard for children when they're swinging. Mr. Herman, Community Development Director, advised that it's been designed according to State specifications and that a center pole is required for separation when more than two swings exist. Council Member Henderson noted that she questioned the structural soundness of this last December, but was assured that it would meet all of the necessary BIB] 10-21-1997-U01 09:34:33AM-U01 ADMIN-U01 CCMIN-U02 08-U02 05-U02 1997-U02 /#% I City Council Minutes 35 August 5, 1 997 design specifications. She also noted that it was supposed to be installed last March and is now scheduled for October, which is almost a year after they were approved. This would have been the only enhancement to the Fritz Burns Park for the summer. Art Fernandez, the artist, advised that he came to pull the installation permit last May, but was told that Tim Maloney was the contractor for the park. The City understood that Mr. Maloney talked to him about the installation, but he didn't. He didn't receive the blueprints until last week and was told that it would be September or October before he could install the swings. He advised that the original design met design standards, but it was Mr. Maloney who changed the plans and added the center pole. He further advised that he wished to install the swings after the other work is completed so they don*t get damaged. MOTION It was moved by Council Members Sniff/Henderson to approve the recommendation of the Art in Public Places Commission and authorize the appropriation of $5,600 from the Art in Public Places Fund for artwork at Fritz Burns Park). Motion carried unanimously. MINUTE ORDER NO.97-133. STUDY SESSION None REPORTS AND INFORMATIONAL ITEMS SunLine Services Group Council Member Adolph announced that SunLine recently presented an award to Ben Franklin for being their three-millionth rider and advised that Desert Hot Springs is experimenting with*mist systems at their bus stops. All other reports were noted and filed. MAYOR AND COUNCIL MEMBERS* ITEMS 1. DISCUSSION OF POLICY REGARDING PROHIBITION OF GENERAL SOLICITATION AND CAMPAIGN ACTIVITIES IN CITY HALL DURING BUSINESS HOURS. Mayor Pro Tern Perkin9 advised that he felt the City should have a definite policy prohibiting campaign activities in City Hall during business hours. He was BIB] 10-21-1997-U01 09:34:33AM-U01 ADMIN-U01 CCMIN-U02 08-U02 05-U02 1997-U02 /$% I City Council Minutes 36 August 5, 1997 especially concerned about incumbents contacting City employees and felt it*s almost a pressure move in which employees have a hard time saying no to. Council Member Henderson noted that if candidates approach City employees, they are causing the employees to violate the City's Personnel Rules for employees because it has a non-political clause. Council Member Adolph totally supported having a policy. Council Member Sniff advised that he didn't disagree. Council concurred on directing staff to prepare a policy for Council to consider in September which would prohibit general solicitation and campaigning in City Hall during business hours. 2. DISCUSSION REGARDING THE DEBBIE REYNOLDS MUSEUM. Council Member Sniff referred to an article about Debbie Reynold's bankruptcy in the July 1 1th issue of Desert View and suggested the possibility of locating some type of Hollywood memorabilia museum on City property in The Village, with some accent on Frank Capra since he was a resident. He felt it would mesh somewhat with the Historical Society. Council Member Henderson noted that it was Fred Rice's dream to have a cinema museum in the City and that he has working plans for it. She noted also that the Historical Society has a collection of Frank Capra memorabilia. Council Member Sniff suggested contacting Ms. Reynolds. 3. DISCUSSION REGARDING LANDSCAPING AT HOME DEPOT. Council Member Adolph noted that Home Depot was conditioned to have heavy landscaping at the northerly driveway on Jefferson Street, but advised that he doesn't see it and asked staff to look into it. Council concurred on directing staff to look at the landscape requirements and make sure they've been followed. Council recessed to Redevelopment Agency meeting. BIB] 10-21-1997-U01 09:34:33AM-U01 ADMIN-U01 CCMIN-U02 08-U02 05-U02 1997-U02 /%%City Council Minutes 37 August 5, 1 997 Council reconvened and recessed to Closed Session. CLOSED SESSION 1. Conference with legal counsel pursuant to Government Code Section 54956.9(a), regarding existing litigation Stamko Development Co., Case No. INC 000492. 2. Conference with legal counsel pursuant to Government Code Section 54956.9(a), regarding existing litigation County of Riverside, Case No. INC 002131. 3. Conference with legal counsel pursuant to Government Code Section 54956.9(a), regarding existing litigation Insurance Company of the West, Case No. INC 002476. 4. Conference with legal counsel pursuant to Government Code Section 54956.9(b)3(c), concerning a threat of litigation from CVWD. 5. Conference with legal counsel pursuant to Government Code Section 54956.9(c), concerning the initiation of potential litigation one case). 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. Re, p ctfully submitted, SAUNDRA L JUHOLA, City Clerk City of La Quinta, California BIB] 10-21-1997-U01 09:34:33AM-U01 ADMIN-U01 CCMIN-U02 08-U02 05-U02 1997-U02