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1998 10 06 CC Minutes^#Ug LA QUINTA CITY COUNCIL MINUTES OCTOBER 6, 1998 Regular meeting of the La Quinta City Council was called to order at the hour of 2:00 p.m. by Mayor Pena, followed by the Pledge of Allegiance. PRESENT: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena ABSENT: None PUBLIC COMMENT None Council recessed to Closed Session to and until the hour of 3:00 p.m. CLOSED SESSION Mayor Pena abstained from participating in Item No.3 as he has consistently done in the past. 1. Conference with legal counsel pursuant to Government Code Section 54956.9(a) regarding existing litigation: A. Hanover, Case No.085167 B. La Quinta V. Diehl Evans, Case No.782308 C. Western Empire Industry V. City of La Quinta, Case No.30278 2. Conference with legal counsel pursuant to Government Code Section 54956.9(c) regarding potential litigation. 3. Conference with City*s real property negotiator pursuant to Government Code Section 54956.8 concerning the potential terms and conditions of acquisition and/or disposition of real property located at the southeast corner of Highway 111 and Adams Street. Property Owner/Negotiator: Chris Clarke. PUBLIC COMMENT Brenda Soulliere, First Vice Chairman of Cabazon Band of Mission Indians, spoke regarding Proposition 5, which will enable their tribe to retain what they have achieved over the last ten years and remain self-reliant. She advised that Indian gaming has made unemployment virtually non-existent on the reservation and that Proposition 5 provides for more State oversight, without any additional cost to taxpayers. She also commented on the positive economic impacts that Indian gaming has had on the State and urged Council's endorsement of Proposition 5. BIB] 10-29-1998-U01 03:11:52PM-U01 BASIC-U01 CCMIN-U02 10-U02 06-U02 1998-U02 ^#UgCity Council Minutes 2 October 6, 1 998 Joyce Sivley, 79-775 Westward Ho Drive, complimented the City's Code Compliance Department and hoped the City would give serious consideration to the increase in traffic congestion that will take place if another school is built in the Westward Ho area. CONFIRMATION OF AGENDA Mr. Genovese, City Manager, advised that the La Quinta Chamber of Commerce has requested that their letter Written Correspondence Item No.1) be withdrawn from the agenda. APPROVAL OF MINUTES MOTION It was moved by Council Members SnifflAdolph to approve the City Council Minutes of September 1 5, 1998, as submitted. Motion carried unanimously. ANNOUNCEMENTS None PRESENTATIONS On behalf of the City Council, Mayor Pena presented a proclamation to Elaine Reynolds of the Community Arts Commission, proclaiming October as Cultural Arts and Humanities Month. The Mayor and Council Members presented art awards to the following students of Amistad High School whose artwork has been displayed in City Hall: Carlos Corales Jackie Davila Paul Ramirez Matthew Cross Marcos Elias Randy Ramos WRITTEN CORRESPONDENCE 1. LETTER FROM LA QUINTA CHAMBER OF COMMERCE REQUESTING APPROPRIATION OF FUNDS FOR THEIR ANNUAL GEM OF THE DESERT 10K RUN" EVENT. Withdrawn by request see Confirmation of Agenda). BIB] 10-29-1998-U01 03:11:52PM-U01 BASIC-U01 CCMIN-U02 10-U02 06-U02 1998-U02 ^#UgCity Council Minutes 3 October 6, 1 998 2. LETTER FROM FRIENDS OF THE LA QUINTA LIBRARY" REGARDING FUNDING REQUEST. Council concurred on referring the letter to staff. Council Member Henderson advised that additional correspondence has been received and asked that it be added to the agenda. 3. LETTER FROM JOHN SHIELDS REGARDING THE SKINS GAME DESERT CITIES PARTNERSHIP PROGRAM. Council concurred on agendizing this request for October 20, 1998, and referred it to appropriate staff for legal and financial analysis and comments. BUSINESS SESSION 1. CONSIDERATION OF ADOPTION OF RESOLUTION DESIGNATING THE CITY BIRD, FLOWER, AND TREE. Mr. Wilson, Management Assistant, advised that on September 1 5, 1998, Barbara Irwin, on behalf of the La Quinta Historical Society, asked the Council to consider designating the Gambel's Quail as the City bird, the purple sand verbena as the City flower, and the smoketree as the City tree. He advised that no other city in the valley has such a designation, except for Palm Desert, which has designated the sand verbena as their city flower. Should Council prefer an alternative flower since the sand verbena has been designated as Palm Desert's city flower, the Historical Society has recommended the dune primrose. Barbara Irwin, 44-065 Camino La Cresta, President of La Quinta Historical Society, advised that their second choice for a City flower, the dune primrose, is also indigenous to the area and is also known as the birdcage primrose. She did not feel that it would matter if Palm Desert has the same city flower. As for the City bird, she noted that the Gambel's Quail has been with the City since incorporation. Fred Rice, 48-780 Eisenhower Drive, presented a pictorial history of how the Gambel's Quail Gamby) has been used in the City. Council Member Sniff liked the roadrunner, but agreed that the Gambel's Quail identifies with the City. He supported the sand verbena as the City flower BIB] 10-29-1998-U01 03:11:52PM-U01 BASIC-U01 CCMIN-U02 10-U02 06-U02 1998-U02 ^#UgCity Council Minutes 4 October 6, 1 998 because it is the predominant flower seen in the City and he did not think it should matter that Palm Desert has selected it as well. Council concurred. RESOLUTION NO.98-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DESIGNATING A CITY BIRD. FLOWER, AND TREE. It was moved by Council Members Sniff/Henderson to adopt Resolution No. 98-106 as submitted. Motion carried unanimously. Ms. Irwin then presented the City with a painting of a quail family, which she felt was indicative of the City's family atmosphere. 2. CONSIDERATION OF REQUEST BY THE I-A QUINTA CHAMBER OF COMMERCE TO USE CITY PROPERTY FOR A TEMPORARY SIGN FOR MAINSTREET MARKETPLACE. There were no changes to the staff report as submitted to the City Council by the Community Development Department and on file in the City Clerk's Department. Council Member Sniff supported Option #2. Council concurred. MOTION It was moved by Council Members Sniff/Perkins to grant the Chamber of Commerce use of City property to hang a Mainstreet Marketplace banner as defined by the Municipal Code) between two attractive) p6sts, and continue to allow the banner across Avenida Bermudas. Motion carried unanimously. MINUTE ORDER NO.98-157. 3. CONSIDERATION OF THE CULTURAL ARTS COMMISSION 1998199 WORK PLAN. Ms. Horvitz, Community Services Director, advised that a subcommittee of the Cultural Arts Commission has made three additional changes to the proposed work plan. BIB] 10-29-1998-U01 03:11:52PM-U01 BASIC-U01 CCMIN-U02 10-U02 06-U02 1998-U02 ^#UgCity Council Minutes 5 October 6, 1998 Council then proceeded to review the work plan tasks. Annual Work Plan no comments Placement of Public Art Council Member Henderson felt the steps to completion" were too complex and confusing and noted that a lot of work would be done before any input was received from Council. Council Member Sniff agreed and felt it should be simplified. Council concurred. Council Member Henderson suggested reducing the steps to selecting a site from the existing list and then presenting it to Council for approval and, possibly, a level of funding. TemDorarv Art Program Ms. Horvitz advised that fiscal commitment has been changed to read, None at this time, subject to contract." Mayor Pena asked how artists would be notified, to which Ms. Horvitz responded that notices would be mailed to those within their artist bank, which is separated into different types of art. Council Member Sniff noted that the City Attorney has already developed a contract, which the artists feel is too difficult to deal with. However, he felt the City should stand by the current contract because it addresses serious liability concerns. He also suggested limiting it to 8-10 placement locations and calling it temporary placement of art. Council Member Henderson agreed and felt there is already a program in place with a contract that the artists find difficulty working with. Some of the neighboring cities are more flexible in working with the artists, contributing funds toward transportation and setup, and they are not as stringent on the liability issues. She felt before this can go any further, the Council needs to feel comfortable in directing the City Attorney to revisit the contract. Mayor Pena felt perhaps the contract should be simplified. BIB] 10-29-1998-U01 03:11:52PM-U01 BASIC-U01 CCMIN-U02 10-U02 06-U02 1998-U02 ^#UgCity Council Minutes 6 October 6, 1 998 Council Member Sniff continued to feel that the number of locations should be limited until they see how the program works. Council Member Henderson agreed, but was not sure if there is a consensus to have the City Attorney look at the contract again. Ms. Honeywell, City Attorney, advised that the current contract was approved over a year ago. Council Member Henderson believed the artists want the City to pay for the transportation, installation, and insurance costs, and she did not feel that the City is ready to do that. Ms. Honeywell felt it is basically a funding issue. The program was designed to provide a free forum for artists to display their artwork, without the City incurring any costs and if the artists are not willing to incur these costs, then Council needs to decide if this should become a funded program. Mayor Pen a felt perhaps it should go back to the commission for further review. Council Member Adolph suggested looking at Palm Desert's contract. Council Member Sniff suggested looking at some limited funding to help the artists. Council concurred on limiting the number of placement locations. Public Art Program Brochure Council Member Sniff was concerned that the brochure would become dated almost immediately, bringing in to question how many to print and how often to change it. He suggested doing something on film as an alternative. Council Member Henderson pointed out that the same concerns were brought up two years ago when it was also discussed that a video could be made available at the Chamber of Commerce and City Hall, as well as being available for other organizations to show at their meetings. She suggested starting the video with the new City flower, tree, and bird and advised that she could support the brochure if the commission would consider inventorying the City's public artwork and writing a small history on each piece. They could then work with the Chamber to number each artwork site on the City map with a brief biography on the side. She wished to see that implemented and felt it could be done this year. BIB] 10-29-1998-U01 03:11:52PM-U01 BASIC-U01 CCMIN-U02 10-U02 06-U02 1998-U02 ^#UgCity Council Minutes 7 October 6, 1 998 Council Member Sniff agreed. Council Member Perkins didn't agree that a brochure would become dated, nor did he feel that it had to be updated every time a new art piece is added. it could also be mailed out and used to advertise the City. Council Member*Adolph wasn't opposed to a brochure, but questioned how much it would cost, how it would be funded, and how often it would need to be updated. He felt, perhaps, it could be incorporated intb the City's brochure. Mayor Pena believed a brochure could be developed very inexpensively if designed in-house, but questioned where it would be distributed and how it would be used. Council Member Henderson noted that it would be easy to add additional artwork to a video. Council Member Perkins suggested that the brochures be placed in hotel rooms. In response to Council Member Sniff, Ms. Horvitz advised that some communities feature a different art piece each month on their activity calendars. Mr. Genovese, City Manager, noted that slip cards could be used in brochures for easy updating. Council Member Henderson did not have a problem with it if it is done in-house. Council Member Perkins suggested sending it back to the commission for further defining and to incorpbrate Council's comments. Mayor Pena advised that Coachella displays brochures and activities of surrounding cities in their city hall, including La Quinta's recreation brochure, and he felt it was nice to have a community promoting surrounding areas as well as their own city. Conference/Workshops In response to Council Member Adolph, Ms. Horvitz confirmed that the commissioners have discussed this with other cities and that the first workshop is tentatively scheduled for the end of November. BIB] 10-29-1998-U01 03:11:52PM-U01 BASIC-U01 CCMIN-U02 10-U02 06-U02 1998-U02 ^#UgCity Council Minutes 8 October 6, 1 998 Artist Bank Council Member Sniff questioned the timeframe and who would be doing the work. In response to Mayor Pena, Ms. Horvitz advised that the commission wishes to input their artist bank in software that is compatible with other cities' programs for the purpose of sharing information between cities. Artwork designed by the artists would also be scanned into the program. In response to Council Member Sniff, she advised that the commissioners have volunteered to do the work, using a computer at City Hall, as well as their own personal computers at home. In response to Council Member Adolph, Ms. Horvitz advised that the commission has focused on keeping local artist in the artist bank, but outside artists are solicited as well. In response to Mayor Pena, Ms. Horvitz advised that local artists may register with the City's artist bank and that local is defined as La Quinta first, then the remainder of Coachella Valley, and then outside of Coachella Valley. Council Member Sniff questioned whether the timeframe referred to staff's time or the commission's time. After a brief discussion, Council concurred on listing the timeframe only when it refers to staff time. UDdate Art in Public Places Master Plan Council Member Hendersomnoted that the commission spent a great deal of time trying to sort through the various plans. She wished to see them review it again and, if there are other plans, to coordinate them into one plan. Council concurred. Arts Advocacy Ms. Horvitz noted that the second step should be changed to read, Encourage and support appointment of music and art coordinatorslsupervisors/instructors." Council Member Adolph felt it is a little too general. Council Member Perkins was concerned that it might become a major project and involve a lot of staff time. Therefore, he wished to see it narrowed down. BIB] 10-29-1998-U01 03:11:52PM-U01 BASIC-U01 CCMIN-U02 10-U02 06-U02 1998-U02 ^#UgCity Council Minutes 9 October 6, 1 998 Council Member Henderson believed all the commissions should be structured with only three or four main achievable goals each year so that the commission has a sense of achievement. She believed most of these items are already being done by the commissioners because of their enthusiastic endorsement of art in the community. She wished to see the entire page deleted for this year. Council Member Sniff was concerned about the perception or reality of direct commission involvement with the schools and was not sure how well it could work. He saw the steps to completion as very comprehensive and questioned whether or*not they would be achievable. Mayor Pena felt it is overly comprehensive and broad and could take a lot of time to achieve. The City provides art advocacy through its own program and he was not sure that it is needed in the work plan. He was also concerned about Coachella Valley Unified School District being left out and felt it is important to work with both school districts. Council Member Henderson felt that that adds to the complexity of this particular task, noting the difficultly that exists in working with school districts because of the things they are already trying to accomplish. Council Member Adolph suggested it be sent back to the commission with Council*s comments and let the commission delete it. Council concurred on eliminating the arts advocacy program. Cultural Recognition Council Member Sniff felt a monthly recognition award might be too ambitious and suggested they try two or three during the remainder of this year to see how it is going to work. He was also somewhat concerned that the letters of commendation might be perceived as a City endorsement of the artists. Council Member Henderson advised that she has a problem with recognition programs because it becomes difficult to select participants after a few years. She wished to see it scaled back to two recognitions a year. Council Member Perkins agreed that recognition programs are difficult and suggested recognizing artists when something happens, rather than on a routine basis. BIB] 10-29-1998-U01 03:11:52PM-U01 BASIC-U01 CCMIN-U02 10-U02 06-U02 1998-U02 ^#UgCity Council Minutes 10 October 6, 1 998 Council Member Adolph agreed that one recognition a month is too often. He also did not wish to be in direct conflict with the La Quinta Arts Foundation, which already has a recognition program in place for students and local artists. Council concurred on eliminating the recognition program, but felt if something specific comes up that the commission feels bears recognition, that they should forward their recommendation to Council. Council Member Henderson noted that the deleted prdgrams can always be revisited by the commission in later years. Research and Solicit Grants Council Member Sniff preferred for staff to handle the process instead of the commission. Council Member Henderson agreed and believed grant applications should be submitted by the City. Ms. Horvitz advised that the intent of the commission was to submit the grant applications to staff and then to Council for approval. In response to Council Member Sniff, Ms. Horvitz advised that one of the commissioners has experience in writing grant proposals and has offered her assistance. Council Member Henderson understood that some commissions throughout the State submit their own grant applications, but she preferred the City submitting them. Council concurred on having grant applications submitted to staff and the Council for processing. Council Member Sniff thanked the commission for their work and pointed out that the items that have been deleted were only removed for this year and can be looked at again in future years. Mr Genovese, City Manager, suggested sending this back to the commission for modifications and resubmital to Council. MOTION It was moved by Council Members Sniff/Henderson to continue the matteF of the Cultural Arts Commission Work Plan to October 20, 1 998. Motion carried unanimously. MINUTE ORDER NO.98-158. BIB] 10-29-1998-U01 03:11:52PM-U01 BASIC-U01 CCMIN-U02 10-U02 06-U02 1998-U02 ^#UgCity Council Minutes 11 October 6, 1 998 4. CONSIDERATION OF COMMUNITY SERVICES COMMISSION 1998/99 WORK PLAN. There were no changes to the staff report as submitted to the City Council by the Community Services Department and on file in the City Clerk's Department. Council proceeded to review the work plan as follows: Commission Philosophy Council Member Henderson felt the biggest problem is how to communicate what services are already available and suggested changing Objective #2 to read, Communicate delivery of such services to citizens through both private and public resources to avoid duplication and conflict of effort." She felt they need to find a clever way to communicate the information they have. Council Member Sniff agreed. Council Member Perkins suggested changing plan'1 to assist" because he felt one of their major roles is to coordinate" and make these things available to the public. Council Member Sniff suggested identify and communicate delivery of services. Council Member Adolph did not have a problem with it. Mayor Pena felt it needs simplification and suggested Objectives 1 and 4 be combined to read, Serve in an advisory capacity to the City Council to identify needs on matters pertaining to recreation and community services." Council Member Perkins agreed. Community Services/Recreation In response to Council Member Henderson, Ms. Horvitz, Community Services Director, advised that Step 3 was eliminated because it would be too time-consuming and was out of their scope of work. Mayor Pena suggested deleting Step 1 and changing Step 2 to read, Coordinate and communicate with Community Services Director in the delivery of community service issues." BIB] 10-29-1998-U01 03:11:52PM-U01 BASIC-U01 CCMIN-U02 10-U02 06-U02 1998-U02 ^#UgCity Council Minutes 1 2 October 6, 1 998 Council Member Adolph suggested coordinate and communicate be changed to work with." Council Member Sniff felt in" should be changed to on" and agreed with deleting Steps 1 and 3. Council Member Henderson suggested they prepare a handout of recreation information for residents to insert into the front of their phone directories for quick reference. Mayor Pena spoke regarding the safety section of the work plan and wished to see the City participate in some type of community disaster plan. He felt the commission could focus on producing some type of earthquake preparedness information and/or kit and maybe sponsor a weekend camp in the park where it could all be tested to see what does or doesn't work. Council Member Perkins noted that other organizations, such as the American Red Cross and police and fire departments, are already doing that. In addition, he felt the phone company provides some excellent information on earthquake preparedness, but questioned how much of it is read. He believed the information needs to be. put in a format that will be read. Council Member Sniff felt a lot of this is already being done, so why reinvent the wheel. He suggested deleting the Community Services/Recreation section. Council concurred. Park Development Council Member Sniff pointed out that CVAG and C. V.. Mountains Conservancy are already working on a trails master plan for the entire valley. He has a problem with Step 6 and could not accept it unless with City Council authorization" is added. In response to Council Member Henderson, Mr. Genovese advised that the intent was to assure Council that this. would be a part of the steps to completion. Mayor Pena suggested deleting it all except Step 1. Council Member Sniff wished to retain Step 4. BIB] 10-29-1998-U01 03:11:52PM-U01 BASIC-U01 CCMIN-U02 10-U02 06-U02 1998-U02 ^#Ug City Council Minutes 13 October 6, 1 998 Mr. Genovese*advised that the City is in the process of developing a trails master plan, which includes discussions with developers. He noted that staff * would be looking for the commission's involvement as well. Council concurred on changing Step 2 to read, *`Review Trails Master Plan for 1998/99. Liaison to the Community * Council Member Henderson pointed out that Step 3 should include both school districts, but preferred deleting that step altogether. Council Member Sniff had a problem with promote" in Step 1. He also felt that Step 2 did not need to*be included in the work plan and that Steps 3, 4, and 6 should be deleted. Council Member Henderson agreed on deleting Steps 3 and 6 and questioned Step 4. Ms. Horvitz advised that the intent was for the commission to go into the community to communicate their information. Council Member Perkins supported elimination of Steps 2 and 3 and suggested that Step 4 be limited to, Cdnduct public forums to gather opinion, upon Council approval..' He further suggested that Step 6 end with information of service providers.'. * Council Member Adolph felt there was too much repetitiveness in the steps. Community Unity Council Member Henderson was not sure how the commission would carry out Step 3 and supported deleting it. Council Member Sniff agreed. Mayor Pena suggested deleting all the steps except Step 4, and deleting the word all" in that step. Council concurred. BIB] 10-29-1998-U01 03:11:52PM-U01 BASIC-U01 CCMIN-U02 10-U02 06-U02 1998-U02 ^#UgCity Council Minutes 14 October 6, 1 998 Safety Council Member Sniff supported deleting via local media" in Step 2 and suggested deleting Steps 5, 6, and 8. He also had some concern with Step 7. Mayor Pena suggested combining the steps to read, Encourage and promote disaster preparedness and work with local public safety agencies." Council Member Henderson commented on the*recent increase in sales of the City's earthquake kit. Advisory Body to the Council Council Member Sniff suggested deleting it all except Step 3. May9r Pena wished to retain Step 6. Council Member Perkins supported deleting Step 1. Mayor Pena agreed. Council Member Sniff agreed with deleting Step 1 and felt Step 3 should read, Accept assignments." He also felt if Step 8 is retained that as directed by City Council" should be added. Council concurred. MOTION It was moved by Council Members SniffiHenderson to continue the matter of the Community Services Commission Work Plan to October 20, 1998. Motion carried unanimously. MINUTE ORDER NO.98-159. 5. SECOND READING OF ORDINANCES. ORDINANCE NO.327 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA. CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO AUTHORIZE CONSOLIDATION OF THE CITY'S GENERAL MUNICIPAL ELECTION HELD IN NOVEMBER OF ODD-NUMBERED YEARS WITH THE STATEWIDE GENERAL ELECTION HELD IN NOVEMBER OF EVEN- NUMBERED YEARS. BIB] 10-29-1998-U01 03:11:52PM-U01 BASIC-U01 CCMIN-U02 10-U02 06-U02 1998-U02 ^#UgCity Council Minutes 1 5 October 6, 1 998 It was moved by Council Members Sniff/Henderson to adopt Ordinance No.327 on second reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None CONSENT CALENDAR Council Member Perkins requested that Item No.11 be pulled for discussion. 1. APPROVAL OF DEMAND REGISTER DATED OCTOBER 6,1998. 2. DENIAL OF CLAIM FOR CARLOS RIOS CARRILLO, DATE OF EVENT SEPTEMBER 2, 1998. 3. ADOPTION OF RESOLUTION ACCEPTING A DONATION FROM THE FRIENDS OF THE LA QUINTA SENIOR CENTER." 4. APPROVAL OF SUPPLEMENTAL AGREEMENT WITH RIVERSIDE COUNTY FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR CONSTRUCTION OF DESERT CLUB DRIVE IMPROVEMENTS, AND PUBLIC SERVICE FUNDS FOR THE BOYS AND GIRLS CLUB LA QUINTA UNIT. 5. ADOPTION OF RESOLUTION APPROVING STREET CLOSURE PERMIT FOR THE MAINSTREET MARKETPLACE EVENT PLANNED IN 1998 AND 1999 ON CALLE ESTADO BETWEEN DESERT CLUB DRIVE AND AVENIDA BERMUDAS ACCORDING TO CONDITIONS FOR TEMPORARY USE PERMIT 98-181. APPLICANT: LA QUINTA CHAMBER OF COMMERCE. 6. APPROVAL OF OVERNIGHT TRAVEL FOR SENIOR MANAGEMENT ASSISTANT TO ATTEND THE RISK MANAGEMENT CONFERENCE IN SANTA BARBARA ON OCTOBER 20-21, 1998. 7. APPROVAL OF FUNDING REQUEST FOR COACHELLA VALLEY RECREATION AND PARK DISTRICT'S OKTOBERFEST EVENT. 8. APPROVAL OF REQUEST BY THE CALIFORNIA TRANSPORTATION COMMISSION TO UTILIZE THE COUNCIL CHAMBER FOR A MONTHLY MEETING ON THURSDAY, JANUARY 14, 1999, FROM 12:00 PM TO 5:00 PM AND FRIDAY, JANUARY 15, 1999, FROM 8:00 AM TO 5:00 PM. BIB] 10-29-1998-U01 03:11:52PM-U01 BASIC-U01 CCMIN-U02 10-U02 06-U02 1998-U02 ^#UgCity Council Minutes 1 6 October 6, 1 998 9. APPROVAL OF FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 28522. PENINSULA GROUP. LLC. 10. ACCEPTANCE OF PROJECT NO.98-04- STATE ROUTE 111 MEDIAN ISLAND LANDSCAPE MODIFICATION 11. ADOPTION OF RESOLUTION AMENDING THE COUNCIL'S RULES OF PROCEDURE FOR COUNCIL MEETINGS AND RELATED FUNCTIONS AND ACTIVITIES pulled for discussion/separate action below). 12. APPROVAL OF CONTRACT CHANGE ORDER NO.1 FOR PROJECT 98-08, PLAZA LA QUINTAIHIGHWAY 111 TRAFFIC SIGNAL IMPROVEMENTS TO INCORPORATE DESIGN CHANGES MANDATED BY CALTRANS. 13. APPROVAL OF APPROPRIATION OF $4,300 FROM THE GENERAL FUND RESERVE ACCOUNT, 101-000-300-290 TO ACCOUNT 101-201-605-000 TO COVER COST OF MAILING NOTICE REGARDING CHANGE IN ELECTION DATE. MOTION It was moved by Council Members Sniff/Adolph to approve the Consent Calendar as recommended with the exception of Item No.11, with Item Nos. 3 and 5 being approved by RESOLUTION NOS. 98-107 and 98-108 respectively. Motion carried unanimously. MINUTE ORDER NO.98-160. Item No. 11: Council Member Perkins commented on Section 7.2, of Council's Rules of Procedure Failure to Vote), stating that he felt the rights of a Council Member are being very seriously abridged. He stated that a Council Member might abstain due to insufficient information, and he didn't believe that abstention should go with the majority. Ms. Honeywell, City Attorney, advised that the vote is counted as an abstention, but under Roberts Rules of Order, it goes with the majority. She noted that a situation could arise where a simple majority would not be sufficient. In addition, the ruling provides Council Members with some incentive to vote, rather than abstaining. Council Member Henderson noted that this was brought forward for the purpose of changing the order of the agenda and the language in this section has not been changed. BIB] 10-29-1998-U01 03:11:52PM-U01 BASIC-U01 CCMIN-U02 10-U02 06-U02 1998-U02 ^#UgCity Council Minutes 1 7 October 6, 1 998 RESOLUTION NO.98-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING RULES OF PROCEDURE FOR COUNCIL MEETINGS AND RELATED FUNCTIONS AND ACTIVITIES. It was moved by Council Members SniffiHenderson to adopt Resolution No. 98-109 as submitted. Motiop carried with Council Member Perkins voting NO. STUDY SESSION None REPORTS AND INFORMATIONAL ITEMS CVAG in Review Mayor Pena reported that Council Member Henderson has been appointed to the SCAG Regional-Subregional Relation Task Force. Council Member Henderson commented on the new tribal memberships in CVAG and was somewhat concerned about how it could affect the voting should other tribes join and three or four cities feel favorable toward the issues the tribes are facing. Mayor Pena advised that their memberships were solicited because of regional planning issues. C. V. Regional Airport Authority Council Member Henderson reported that the Riverside County Board of Supervisors has approved the name change for the Thermal Airport to Desert Resorts Regional Airport. She advised that a re-dedication ceremony will be held on October 14 at 10:30 a.m. and she hoped all of the Council Members would be able to attend. ** ** *** ** ** All other reports were noted and filed. BIB] 10-29-1998-U01 03:11:52PM-U01 BASIC-U01 CCMIN-U02 10-U02 06-U02 1998-U02 ^#UgCity Council Minutes 18 October 6, 1 998 DEPARTMENT REPORTS A. CITY MANAGER REPORT. Mr. Genovese, City Manager, recommended that the marketing consultant interviews, which were originally scheduled for October 27, be rescheduled for October 20 since it is a relatively small agenda. Council concurred. MAYOR AND COUNCIL MEMBERS* ITEMS 1. DISCUSSION OF JOINT CITY/CHAMBER WORKSHOP ON THE DEVELOPMENT PERMITTING PROCESS. Council Member Henderson suggested the possibility of holding an annual workshop for staff to briefly review the permitting process for local businesses. Council concurred on referring it to staff for a report and recommendation. Council recessed to Redevelopment Agency meeting. Council reconvened and recessed to and until 7:00 p.m. 7:00 P.M. PUBLIC COMMENT Lucia Moran, P.O. Box 1 305, Race Director of Greater Coachella Valley Soap Box Derby, announced that they will be adding a masters division at the request of their new sponsor, the Fox Kids Club, which will be providing publicity and funding to ship the winning cars to Akron, Ohio, as well as airfare and accommodations for the winners and one parent of each division. They also expect the event to be expanded to two days. They are asking for additional funding in the amount of $400 to cover the increase in the franchise fee and the added division, as well as the in-kind donation required for the street closure for two days. The event is tentatively scheduled for April 10-11, 1999. BIB] 10-29-1998-U01 03:11:52PM-U01 BASIC-U01 CCMIN-U02 10-U02 06-U02 1998-U02 ^#UgCity Council Minutes 19 October 6, 1998 MOTION It was moved by Council Members Sniff/Adolph to agendize the request for funding by the Greater Coachella Valley Soap Box Derby for October 20, 1 998. Motion carried unanimously. MINUTE ORDER NO.98-161. PUBLIC HEARINGS 1. TRACT 28470- CONSIDERATION OF REVISION TO CONDITION NO.52 TO DELAY COMPLETION OF THE PERIMETER WALL ALONG THE NORTH AND NORTHWEST PROPERTY LINES OF A TRIANGULAR PARCEL WITHIN THE TRADITION CLUB BY THE TIME OF ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR THE l0* CUSTOM HOME. APPLICANT: WINCHESTER DEVELOPMENT. Mayor Pen*a abstained due to a conflict of interest and left the dais. The Mayor Pro Tern declared the PUBLIC HEARING OPEN. Mr. Herman, Community Development Director, advised that the applicant is requesting a modification to Condition No.52 for Tract 28470, which deals with the construction timing of the perimeter wall along the north side of Avenue 52, adjacent to Avenida Nuestra. Under the current condition, the wall is required to be in place prior to the issuance of a Certificate of Occupancy for the 20th home. The requirement for a wall on the north side is part of a mitigation to the relocation of Avenue 52 Street Vacation 85-005 A & B and Specific Plan 85-005 A & B). The Planning Commission has reviewed the applicant's request and has recommended that the wall be required to be in place prior to final inspection of the 10th home. However, it was unclear as to whether or not the modification dealt with the triangular piece east of Desert Club and north of Avenue 52, or the entire wall. The applicant has indicated that it was for the entire wall, but the discussion at the Planning Commission was generally on the triangular piece. Staff recommended that Condition No. 52(B) be changed to read, Prior to final inspection for the tenth residential unit..." and that 52(B)(4) be deleted, which will delay construction of the entire wall on the north side and require its total completion prior to final inspection of the 10th residential unit. In response to Council Member Adolph, Mr. Herman advised that the Planning Commission did consider setting a date for the wall to be completed, but felt the condition would be easier to enforce this way. There is no specific date for completion of the landscaping along the wall. BIB] 10-29-1998-U01 03:11:52PM-U01 BASIC-U01 CCMIN-U02 10-U02 06-U02 1998-U02 ^#UgCity Council Minutes 20 October 6, 1 998 Mike Rowe, 41-865 Boardwalk, Suite 101, Palm Desert, of Winchester Development, representing Tradition Club Associates, advised that they expect to receive their building permit by next week and should have the wall completed within 30 days, with the landscaping following immediately afterwards. They plan to construct the sound wall first and complete the rest of the improvements along Avenue 52 by the end of the year. In response to Mayor Pro Tern Henderson, Mr. Herman advised that no landscape/wall lighting is anticipated on the north side nor in the median. Correspondence was received from the following: Bruce & Sandy Swan, 78-725 Avenida La Fonda expressing concerns about the project. There being no one else wishing to speak, the Mayor Pro Tern declared the PUBLIC HEARING CLOSED. RESOLUTION NO.98-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AMENDMENT NO.2 OF TENTATIVE TRACT 28470 FOR CONDITION NO.52 TO ALLOW FOR COMPLETION OF A PORTION OF THE PERIMETER WALL PRIOR TO FINAL INSPECTION OF THE 10TH RESIDENTIAL UNIT TRADITION CLUB ASSOCIATES, LLC.) It was moved by Council Members Sniff/Adolph to adopt Resolution No.98-110 with amended language in Condition No.52. Motion carried with Mayor Pena ABSENT. JOINT PUBLIC HEARING WITH THE LA QUINTA REDEVELOPMENT AGENCY. 2. AFFORDABLE HOUSING AGREEMENT BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND CATELLUS RESIDENTIAL GROUP FOR AN 86 SINGLE-FAMILY RESIDENTIAL LOT SUBDIVISION AND 118 SENIOR APARTMENTS WITH RECREATIONAL AMENITIES ON APPROXIMATELY 40 ACRES LOCATED AT THE NORTHWEST CORNER OF JEFFERSON STREET AND AVENUE 48. The Mayor declared the PUBLIC HEARING OPEN. BIB] 10-29-1998-U01 03:11:52PM-U01 BASIC-U01 CCMIN-U02 10-U02 06-U02 1998-U02 ^#UgCity Council Minutes 21 October 6, 1 998 Mr. Herman, Community Development Director, advised that the proposed Affordable Housing Agreements are for a project on Agency-owned property at Avenue 48 and Jefferson Street. The project was approved on May 1 9, 1998, for 86 single-family residential units and 11 8 senior apartments. He advised that implementation of the two agreements will result in the expenditure of $7,552,525 of Agency Housing Fund monies and that all of the units will have long-term affordability covenants. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. Council Member Henderson believed the project will be an asset to the community and supported moving forward with it. Council Member Sniff complimented the Catellus Residential Group and City Staff, particularly the City Attorney, for their efforts in moving this project forward. Council Members Perkins and Adolph agreed. RESOLUTION NO.98-Il 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND AUTHORIZING THE EXECUTION OF A DISPOSITION AND DEVELOPMENT AGREEMENT FOR SINGLE FAMILY RESIDENTIAL) BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND CATELLUS RESIDENTIAL GROUP CORPORATION, AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. It was moved by Council Members Sniff/Adolph to adopt Resolution No.98-ill as submitted. Motion carried with Mayor Pena voting NO. RESOLUTION NO.98-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND AUTHORIZING THE EXECUTION OF A DISPOSITION AND DEVELOPMENT AGREEMENT FOR SENIOR APARTMENTS) BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND CATELLUS RESIDENTIAL GROUP CORPORATION, AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. It was moved by Council Members Sniff/Adolph to adopt Resolution No.98-112 as submitted Motion carried with Mayor Pena voting NO. BIB] 10-29-1998-U01 03:11:52PM-U01 BASIC-U01 CCMIN-U02 10-U02 06-U02 1998-U02 ^#UgCity Council Minutes 22 October 6, 1 998 Council recessed to Closed Session as delineated on Page 1. Council concluded a Closed Session under Government Code Section 54956.9* on- going litigation, La Quinta V. Diehl Evans, Case No.782308, and has authorized a settlement. A final form of which will be available in the City Clerk's Office once it is executed. Vote was unanimous. There being no further business, the meeting was adjourned. Resp1*tfuIly submitted, AUNDRA L. JUHOLA, City Clerk City of La Quinta, California BIB] 10-29-1998-U01 03:11:52PM-U01 BASIC-U01 CCMIN-U02 10-U02 06-U02 1998-U02