1995 12 19 CC Minutes LA QUINTA CITY COUNCIL
MINUTES
December 19, 1995
Regular meeting of the La Quinta City Council on December 19, 1995 was called to order at the
hour of 3:00 p.m. by Mayor Bangerter, followed by the Pledge of Allegiance.
PRESENT: Council Members Adolph, Perkins, Sniff, Mayor Bangerter,
Council Member Henderson sworn in at approximately 4:30 p.m.)
ABSENT None
CONFIRMATION OF AGENDA
Mr. Genovese, City Manager, requested that Consent Calendar Item No.4 be moved to Business
Session Item No.11.
Mayor Bangerter advised that she has received a request to move Business Session Item No.2
ahead of Business Session Item No.1.
Council concurred.
M?ON It was moved by Council Members Adolph/Perkins to move Consent Calendar Item
No.4 to Business Session Item No.11 and move Business Session Item No.2 ahead of Business
Session Item No.1. Motion carried unanimously.
APPROVAL OF MINUTES
M?ON It was moved by Council Members Sniff/Adolph to approve the City Council Minutes
of December 4 and December 5, 1995 as submitted. Motion carried unanimously.
None
PRESENIAIIONS None
PUBLIC COMMENT
Ms. Audrey Ostrowsky, P.O. Box 351, was disappointed that her letter to the Council in
November, was not included on the December 5th Council Agenda. She felt that the money given
to the La Quinta Arts Foundation by the City should be used for street improvements because the
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City's roads and basic needs should come first. She felt that the Arts Foundation gave up their
rights to City support when they asked candidates to respond to a questionnaire during the last
election and also questioned their financial records. She asked the Council to refrain from using
City and RDA funds for non-profit organizations until the City's street improvements are
completed.
Mr F?d Wolff, 77-227 Calle Ensenada, congratulated Mayor Bangerter and Council Members
Adolph and Sniff for their election and wished them luck.
Mr. David Hanan, 51-535 Avenida Navarro, advised that the City Manager informed him that
his petition submitted in September regarding curbs and sewers in The Village would be reviewed
by staff, but pointed out that project priorities and available funds change according to yearly
needs. He advised that the property owners are emphatically opposed to an assessment district
being utilized to fund the improvements and feel that they haven't received equitable treatment
by the City. He suggested that the Council be expanded so that a council member could be elected
from The Village district to represent the needs of the residential and commercial property owners
there. Re advised that the petition wasn't intended to be an attack against the Council or City
Manager, but rather a way to let the Council know that the property owners feel that the City's
stepchild attitude toward The Village is Improper.
1. LETTER FROM DAVID HANAN REGARDING IMPROVEMENTS IN THE
VILLAGE AREA.
Noted and filed.
2. LETTER FROM MICHELLE KLEIN RESIGNING FROM THE CULTRRAL
COMMISSION.
Council Member Sniff suggested that a letter of appreciation be sent to Mrs. Klein for her
service on the Commission and that the recruitment process be started.
Council concurred.
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3. LETTER FROM WILLIAMS DEVELOPMENT CORPORATION REGARDING
COLLEGE OF THE DESERT'S AUXILIARY FUNDRAISER.
Council concurred on agendizing this matter for the January 2, 1996 meeting.
4. LETTERS REGARDING COUNCIL VACANCY.
Noted and filed.
BUSINESS SESSION
Business Session Item No.2 was moved ahead of Business Session Item No.1.
2. CONSWE?ON OF JOINT USE OF FACHIrY AND SERVICES AGREEMENT
WITH BOYS & GIRLS CLUB OF COACHELLA VALLEY, LA QUINTA UNIT.
Ms. Nicholson, Parks & Recreation Director, advised that the proposed contract is the
result of staff negotiations with the Boys & Girls Club of Coachella Valley as directed by
Council on October 17, 1995. The six-month contract ending June 30, 1996, will allow
the renewal to be a part of the budget process. The contract for $30,000 provides for a
set schedule for joint-use of the facility for City-sponsored programs and an agreement for
the Boys & Girls Club to continue providing social recreation programs for the City's
youth. Staff recommended that the General Fund Emergency Reserve Account be utilized
to fund this contract and advised that research would be done for possible utilization of
Community Development Block Grant Funds for any future agreement.
In response to Council Member Adolph, Ms. Nicholson advised that maintenance and
utilities would be covered under the joint-use portion of the contract which will be
reviewed after six months to see if further negotiations are needed. She advised that City-
sponsored programs will be covered under the City's insurance.
In response to Mayor Bangerter, Ms. Nicholson advised that the 11:00a.m. start time on
Saturdays and Sundays for joint-use of the facility is to avoid overlapping other programs
currently in progress.
Council Member Sniff supported the agreement and felt that it could be a proto-type for
future agreements with other organizations. He also liked the ability to review the contract
for effectiveness after six months.
Ms. Terry Henderson, 54-711 Eisenhower Drive, felt that the six-month contract was an
excellent beginning and suggested that the City Parks & Recreation Department meet with
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the Boys & Girls Club and Coachella Valley Recreation & Park District to coordinate
ft[rther recreation efforts. She referred to the grant application submitted by the Friends
of the Senior Center and suggested that they coordinate their computer program at the
Boys & Girls Club since computers are available there.
In response to Council Member Perkins, Ms. Nicholson advised that the City would
develop and oversee a policy for other non-profit groups to use the facility for which there
would be no age limitations.
In response to Mayor Bangerter, Ms. Honeywell, City Attorney, advised that making
prograrns available for non-profit organizations isn't a problem and the City is allowed to
pick out groups in general categories that aren?t related to their content. Use of the facility
would be limited by restrictions of the Boys & Girls Club in that it cannot be used for
political purposes nor involve the use of alcohol or tobacco.
M?ON- It was moved by Council Members Sniff?Perkins to approve the Joint Use of
Facility and Services Agreement with the Boys & Girls Club of Coachella Valley, La
Quinta Unit and direct staff to utilize the General Fund Emergency Reserve Account for
the payments required by the agreement in the amount of $30,000. Motion carried
unanimously. MIN'UTE ORDER NO.95-215.
1. INTERVIEW OF APPLICANTS FOR COUNCIL VACANCY AND
CONSIDERATION OF APPOINTMENT.
Mrs. Juhola, City Clerk, advised that on December 5, 1995, Council directed staff to
solicit applicants for the Council vacancy and set a deadline for submittals of December
15, 1995. She advised that letters of interest or resumes were received from the following
individuals:
Andrew Devin
Terry Henderson
Carl Ingram
Lucia Moran
B. J. Seaton
Andrea Spirtos
Dr. Jack Wilson
She advised that the Oath of Office could be administered immediately after an
appointment is made or the effective date could be set any time prior to January 3, 1996.
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Mayor Bangerter suggested the following interview process: 1) begin with any questions
or comments by the Council, 2) receive public comments, 3) allow each applicant three
minutes to make a statement to the Council, and 4) open up nominations.
Council Member Perkins didn't have a problem with the process.
Council Member Sniff preferred to use a ballot process as opposed to opening it up to
nominations.
Council Member Adolph supported the process with the exception that he preferred to
defer his comments until after the applicants' statements.
Council Member Perkins felt that it wasn't necessary to question the applicants because
the Council is familiar with most of them and has read their resumes.
Mr. Fred Wolff, 77-227 Calle Ensenada, felt that all candidates should be equally
considered regardless of the number of votes received during the last election. He felt that
Carl Ingram should be appointed because there's a need for representation from North Ia
Quinta as well as the working people in the community. He added that Mr. Ingram would
also add ethnic diversity to the Council.
Ms. Kay Wolff, 77-227 Calle Ensenada, wished to see someone appointed who would
promote youth activities in the City as well as represent the median age of the commtinity.
She felt that either Carl Ingram or Andrew Devin would provide geographic and ethnic
balance to the Council.
Ms. Barbara Irwin, 44-065 Camino Ia Cresta, was concerned about the division within
the City and was displeased with the Council's inattention of more than 130 letters from
the citizens of the community in support of Terry Henderson. She had hoped that the
election would be a time for healing, but felt that the cleavage of the previous year has
widened and been made more grotesque.
Mr. Ernie Brazil, 44-400 Buttercup, advised that Council Members Adolph and Sniff said
during their campaign that they would listen to the voice of the voters, but have failed to
do so. He wondered if the most qualified candidates were elected on November 7th. He
suggested that the Council appoint the third highest vote-getter and get on with the City's
business.
Mr. Bill Simmons, 45-455 Desert Eagle Court, felt that the people voted for a third
candidate and Terry Henderson should be appointed.
Ms. Pat Cross, 78-570 Saguaro, was confident that the Council would make the right
decision and felt that everyone present is supportive of the youth in the community. She
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wished for the best for La Quinta and felt that its greatest need is business and that the
recreational needs will be worked out. She urged the Council to consider the experience
and ability of the applicants and advised that she continues to support Terry Henderson for
the Council.
Mr. Robert Tyler, 44-215 VilIeta Drive, commended Mayor Bangerter for her support
of Terry Henderson at the last Council meeting. Re felt that the Council had ample time
to make their decision prior to the last meeting and questioned if the issue of fairness
would be viewed the same if the winning candidates had been the third highest vote-getter
instead. He didn?t feel that a precedent exists in La Quinta for a vacancy being created
through an election process and believed that logic and common sense should be used to
make the appointment. He believed that the most qualified applicant was Terry Henderson
and the Council would be defying the citizens of La Quinta if they failed to appoint her.
Ms. Trice Healey, 54-455 Eisenhower Drive, believed the only fair way to resolve the
matter would be to hold another election, but felt that the costs would be too high. She
felt that there was no third place winner because each voter only had two votes and she
pointed out that only 14% of the voters voted for Terry Henderson. She supported both
Carl Ingram and Andrew Devin for the appointment because she wished to have Council
representation from someone in North La Quinta and under 40 years of age.
Mr. Patrick Healey, 54-455 Eisenhower Drive, presented some math calculations
regarding the election results and felt that it would be unfair to declare the third highest
vote-getter as the next winner since voters were only allowed two votes.
Mr. Philip Shainis, 78-955 Del Monte Court, advised that only 3S % of the registered
voters voted in the last election with 28% voting for Council Member Adolph, 27% for
Council Member Sniff, and 26% for Terry Henderson. Re pointed out that Terry
Henderson received less than 10% of the total registered voters and urged the Council to
not only appoint the most qualified person, but the one who would work best with the
existing Council so that the City can move forward with infrastructure improvements and
satisfactory services for all of the citizens.
Mr. Jeff Srni?h, 54-631 Avenida Alvarado, urged the Council to base their appointment
on who would work best with the Council and for the City as a whole. He felt that
emphasis should be placed on the candidates who support the youth of the community.
Mr. Wally Reynolds, 79-860 Fiesta Drive, felt that the residents of North La Quinta
support and trust Terry Henderson to represent them fairjy.
Mr. Fred Rice, 48-780 Eisenhower Drive, advised that Terry Henderson has worked in
the community for many years and he felt that she would work well with the Council.
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At this time the following applicants were allowed to give a three-minute presentation on
their qualifications and background:
Andrew Devin
Terry Henderson
Carl Ingram
Lucia Moran
B. J. Seaton
Andrea Spirtos
Dr. Jack Wilson
Council Member Sniff felt that the City could be proud of all of the applicants and
suggested the use of ballot forms for making the appointment so that all of the candidates
could be considered.
Council Member Perkins suggested that the Council narrow down the list through
discussion and then perhaps go to a ballot. He resented implications that a council member
must be young to work with the community's youth, pointing out that he's the oldest
person on the Council and yet has spent more time working with youth than anyone else.
He also disagreed with the mathematical analysis of the election results that was presented.
He encouraged all of the applicants to continue their involvement with the City regardless
of who is appointed. He hoped that a decision could be made without going to a special
election because a full Council is needed to consider the upcoming important issues.
Council Member Adolph commended all of the candidates for a good campaign in the last
election and advised that he wouldn't have a problem supporting the third highest vote-
getter as the appointee if that decision had been made by the Council prior to the election,
but it wasn't. He felt that Ms. Henderson was treated in the same manner that Mr. Zelles
was treated a few years ago. He took the position he did at the last meeting in an attempt
to bring integrity and consistency to the Council which he felt has been done. He hoped
that an appointment could be made without going to a special election and believed that
it's important to fill the vacancy with someone who has sufficient time to serve the City,
has shown past dedication to serve, and is without hidden agendas and conflicts of interest.
Mayor Bangerter felt that she has made every personal effort to avoid a special election
because it would be unfair to the constituency, even though it would be probably fairer to
the candidates. She expressed appreciation for all of the candidates' efforts, but felt that
the appointment of the third highest vote-getter was the only fair way to fill the vacancy.
Mayor Bangerter opened the nominations.
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Council Member Perkins nominated Terry Henderson. He felt that she would be up to
speed" from the beginning because of the effort she?s put forth to study the budget and
Council agenda packets.
Council Member Sniff seconded the nomination and expressed appreciation for all of the
candidates and felt that a decision should be made.
MOTION It was moved by Council Members Sniff/Perkins to close the nominations.
Motion carried unanimously. MINUTE ORDER NO.95-216.
M?ON- It was moved by Council Members Sniff/Perkins to appoint Terry Henderson
to the unexpired term on the City Council to expire in November, 1997. Motion carried
unanimously. MINUTE ORDER NO.95-217.
Council concurred on having the City Clerk administer the Oath of Office to Ms.
Henderson immediately. Upon heing sworn in, Ms. Henderson took her seat at the
dais.
3. CONSIDERATION OF FY 1995/96 COMMUNITY SERVICE GRANT
APPLICATIONS.
Mayor Bangerter advised that she had a conflict of interest and left the dais.
Council Member Perkins suggested that this matter be continued due to the time.
Council concurred.
MOTION It was moved by Council Members Sniff/Adolph to continue consideration
of the Community Service Grant Applications to January 2, 1996. Motion carried
unanimously with Mayor Bangerter ABSENT. MINUTE ORDER NO.95-218.
4. CONSIDE?ON OF AN ART IN PUBLIC PLACES COMMISSION
RECOMMND?ON TO HAVE A STUDENT ART WAli IN THE CITY HALL.
Mr. Herman, Community Development Director, advised that the Art in Public Places
Commission has recommended the wall in the City Hall lobby opposite the wall presently
exhibiting student art work be designated for the display of student art work on a rotating
basis. He advised that, based on a prior City Attorney opinion, the Commission felt that
opening it up to public schools for student art work would be a good forum for students
to display their art work ahd would not create an open forum whereby the City would be
in a position to allow everyone the same access.
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Mayor Bangerter felt that staff should oversee the placement of the art work.
Council Member Sniff supported the program.
In response to Council Member Perkins, Ms. Honeywell, City Attorney, advised that
limiting the displays to certain age categories is defensibfe. She suggested that consistent
time frames be developed, the display area rotated amongst the schools, and that staff be
in control of the art placement.
Council Member Adolph asked if it could be restricted to grade-school children.
Ms. Honeywell advised that the main concern is not to restrict the content of the art and
to allow school personnel to select the art to be displayed. There should be a rational basis
for limiting the display to the restricted category such as for the purpose of encouraging
youth of a certain age to get involved in art.
Council Member Henderson felt that its a good program, but asked if there was any place
within the law where joint agreement of public domain property would supersede the First
Amendment rights.
Ms. Honeywell advised that restrictions based on a specific purpose would keep it from
being opened up to the general public and no public domain property would be created as
long as the City is in control of the program in limiting the purpose.
Council Member Sniff suggested that the program proceed on a trial basis for six months
to allow future review of the program.
M?ON- It was moved by Council Members Sniff/Perkins to support and approve the
Art in Public Places Commission recommendation to have a student art wall in the City
Hall on a six-month trial basis with the City Staff managing the placement of all items.
Council Member Perkins asked if it would be limited to elementary schools.
Mayor Bangerter wished to see middle-school students included.
Motion carried unanimously. MINUTE ORDER NO.95-219.
5. CONSIDERATION OF HISTORICAL PRESERVATION COMMISSION
RECRUITMENT POLICY.
Mr. Herman, Community Development Director, advised that they have not been able to
fill the vacancy on the Historical Preservation Commission with a local resident and to
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maintain State certification it is necessary to have three professionally-qualified positions
on the Commission. Under the proposed resolution, two non-professional positions would
be maintained, but non-residents would be allowed to apply for the professionally-qualified
positions.
Council Member Sniff questioned why the difficulty exists in finding professionally-
qualified residents.
Mayor Bangerter advised that local residents were solicited, but no qualified applications
were received.
Council Member Perkins felt that someone from the Coachella Valley should be appointed
if possible because they would be more knowledgeable of the area and more likely to
attend the meetings.
Mr. Herman advised that the Council would be making the selection.
RESOLUTION NO.95-97
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING THE ADVE?SEMENT FOR APPOINTMENT OF
THREE PROFESSIONALLY-QUALIFIED INDIVIDUALS WHO ARE EITHER
RESIDENTS OR NON-RESIDENTS OF THE CITY OF LA QUINTA, TO THE
IIISTORIC PRESERVATION COMMISSION.
It was moved by Council Members Adolph/Henderson to adopt Resolution No.95-97 as
submitted. Motion carried unanimously.
6. CONSIDERATION OF CONSULTANT-SELE?ON PROCESS FOR DESIGN
SERVICES NECESSARY TO PREPARE PLANS, SPECIFIC?ONS, AND
ENGINEER?S ESTIMATE FOR THE SENIOR CENTER PARKING LOT
IMPROVEMENTS.
Mr. Cosper, Public Works Director, advised that the purpose of the prop6sed Request for
Proposals RFP) is to seek consultants for the preparation of the plans, specifications, and
engineer's estimate for the expansion of the Senior Center parking lot. On October 3,
1995, the Council authorized the execution of a Supplemental Agreement for the use of
Community Block Grant CDBG) funds for the purpose of funding the construction of
approximately 100 parking stalls and some shade structures at the Senior Center. The total
estimated cost of the improvements is $163,241 and CDBG funds will cover $137,241.
The remaining $26,000 will be funded from infrastructure funds. He reviewed the
requirements for selecting a consultant which includes the forming of a selection
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committee to prepare a short list of the most qualified consultant firms, distributing the
RFP to the firms on the short list, review of the top-ranked proposal to determine the
apparent fair value of the proposal, and negotiations for an acceptable contract. The short
list will be compiled on December 2Oth by the Consultant Selection Committee consisting
of the Public Works Director, Senior Engineer, and the Planning Manager. The RFP's
are due on January 19, 1996 and must include a work proposal as well as a cost proposal.
The work proposals will be reviewed and the consultants ranked prior to the review of the
cost proposals and negotiations.
In response to Council Member Adolph, Mr. Cosper advised that the shade structures
would be similar to the ones located at the Civic Center, but not as large.
In response to Council Member Henderson, Mr. Cosper advised that each year the City
receives CDBG funds and in October, 1995. the Council decided to use the funds this year
on this project.
Council Member Sniff felt that a current need exists at the Senior Center for additional
parking and shade structures as well as additional handicap parking near the building
entrance. Re felt that Council's involvement with the process is imperative because of past
tendencies of the selection committees to select the same consultants until Council
Members became involved in the process. He volunteered to serve on the committee.
Council Member Adolph also volunteered to serve on the committee.
Mayor Bangerter felt that the staff is capable of making the consultant selections and didn't
believe that Council involvement is necessary unless it's an issue that they feel very
strongly about.
Council Member Sniff felt that the process has worked well because of Council
involvement and suggested that it continue at least until the new Council Members gain
a level of experience that will enable them to evaluate the need.
Council Member Adolph advised that his interest was for educational purposes only.
Council Member Henderson asked if Council Members could sit in on the process without
being a voting member. She had no objections to participating and volunteered to serve
on the Consultant Selection Committee for the Senior Center parking lot improvement
project or the one for the next item on the agenda. She suggested that she and Council
Member Adolph could each serve on one.
Council Member Sniff pointed out that two Council Members may serve on each selection
committee.
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Council Member Henderson felt that one Council Member on each committee would be
adequate.
Council Member Perkins was concerned that too much Council involvement in the
negotiation process might overwhelm the staff and pointed out that the final decision is
made by the Council anyway. He would be especially concerned if two Council Members
were appointed to serve on the committee. He felt that the staff is capable of handling the
process. He didn't have a problem with Council Members attending the negotiations as
an observer.
Mayor Bangerter advised that she has served on selection committees and felt that it's
uncomfortable for Council Members not on the selection committee to go against the
recommendation of their fellow Council Members who are. She didn't have a problem
with a Council Member observing the process, but felt that having more than one Council
Member on the committee is intimidating to staff.
Council Member Perkins felt that it's hard for Council Members to separate their Council
duties when they serve on the selection committee.
Mr. Genovese, City Manager, advised that Council Member Sniff's comments regarding
the reason that Council got involved with the selection process were accurate. The general
pracuce has been for staff to make consultant-selection recommendations when highly-
technical issues are involved with a project such as the proposed project. Council
participation has been requested when issues are in a more general area or a specific area
that is volatile in nature or politically sensitive such as the selection of auditors. The main
objective in the recommendations of the staff report is to fast-track the current project as
much as possible.
Mayor. Bangerter wasn't suggesting that the Council Members not be involved in any of
the Consultant Selection Committees, but felt that involvement in every one is not always
necessary.
Council Member Sniff reiterated his belief that Council involvement is important and
disagreed that the presence of Council Members might intimidate the staff. He advised
that the issues are evaluating processes and not confrontational.
MOTION It was moved by Council Members Sniff/Adolph to approve the Consultant
Selection Committee including Council Member Adolph and approve the Request for
Proposals for design services necessary to prepare plans, specifications, and engineer's
estimates for parking lot improvements at the Senior Center and authorize staff to receive
proposals for said services.
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Council Member Henderson agreed with Mayor Bangerter that Council involvement in
selection committees isn't always necessary and pointed Out that any Council Member
appointed to such a committee must commit to being available to the time constraints
required by a fast-track project.
Council Member Perkins advised that he wouldn't support the motion because it includes
the appointment of a Council Member to the selection committee as opposed to being an
observer.
Motion failed with Council Members Henderson, Perkins and Mayor Bangerter voting
NO.
M?ON It was moved by Council Members Perkins/Adolph to appoint one member
of the Council as an observer on the Consultant Selection Committee for the Senior Center
parking lot improvement project.
Council Member Henderson asked if the designated observer is the only one allowed to
observe on the selection committee.
Council. Member Perkins felt that only one Council Member should be appointed to each
committee.
Motion carried with Council Member Sniff voting NO. MIr? ORDER NO.95-220.
MOTION It was moved by Council Members Perkins/Henderson to appoint Council
Member Adolph as an observer on the Consultant Selection Committee for the Senior
Center parking lot improvement project. Motion carried with Council Member Sniff
voting NO. MINUTE ORDER NO.95-221.
MOTION It was moved by Council Members Adolph/Perkins to approve the Request
for Proposals for design services necessary to prepare plans, specifications, and engineer's
estimates for parking lot improvements at the Senior Center. Motion carried with Council
Member Sniff voting NO. MINUTE ORDER NO.95-222.
M?ON It was moved by Council Members Perkins/Adolph to authorize staff to
receive proposals for said services design services for the Senior Center parking lot
improvement project). Motion carried with Council Member Sniff voting NO. MINUTE
ORDER NO.95-223.
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7. CONSIDERATION OF CONSULTANT-SELECTION PROCESS FOR DESIGN
SERVICES NECESSARY TO PREPARE PLANS, SPECIFIC?ONS, AND
ENGINEER?S ESTIMATE FOR LANDSCAPE MEDIAN IN?ROVEMENTS AT
VARIOUS LOCATIONS.
Mr. Cosper, Public Works Director, advised that the purpose of the proposed Request for
Proposals is to seek consultants to prepare plans, specifications. and engineer's estimates
for landscape median improvements on Eisenhower Drive from Calle Nogales to Calle
Montezuma, on Calle Tampico from Washington Street to Eisenhower Drive, on
Washington Street from Avenue 47 to Avenue 48, on the Washington Street frontage road,
and a 10-foot, sound-wall extension on Washington Street. The RFP requests submittal
of add-alternates for the design of medians on Avenue 50 from Eisenhower Drive to
Washington Street and on Washington Street from Avenue 52 to Calle Tampico. The
consultant will be required to evaluate the project as a two-phase project so that staff can
determine if it's financially feasible to install all of the improvements at once or if a two-
phase approach would be feasible. The Consultant Selection Committee is scheduled to
meet on December 20th to compile a short list of consultants and the deadline for
submitting RFP's is January 19, 1996.
In response to Council Member Henderson, Mr. Cosper clarified that the reappropriated
funds totaled $502,738.
M?ON- It was moved by Council Members Perkins/Henderson to appoint a Council
Member as an observer on the Consultant Selection Committee for the Landscape Median
Improvement Project. Motion carried with Council Member Sniff voting NO. MINUTE
ORDER NO.95-224.
MOTION It was moved by Council Members Perkins/Adolph to appoint Council
Member Henderson as an observer on the Consultant Selection Committee. Motion
carried with Council Member Sniff voting NO. MITITE ORDER NO.95-225.
M?ON- It was moved by Council Members Adolph/Henderson to approve the Request
for Proposals for design services necessary to prepare plans, specifications, and engineer's
estimates for landscape median improvements at the various locations listed. Motion
carried with Council Member Sniff voting NO. MINUTE ORDER NO.95-226.
MOTION It was moved by Council Members Adolph/Perkins to authorize staff to
receive proposals for said services design services for the landscape median improvement
project). Motion carried with Council Member Sniff voting NO. MINUTE ORDER
NO.95-227.
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S. CONSIDERATION OF AMENDMENT TO SECTION 11.96.005 OF THE LA
QUINTA MUNICIPAL CODE ADOPTING REGULATIONS PERTAINING TO
SKATEBOARDING, BICYCLING, AND ROLLER SKATING.
Mr. Hartung, Building & Safety Director, advised that the proposed ordinance would
restrict the use of skateboards, bicycles, and roller-blades on sidewalks in office and
commercial areas of the City and is supported by the Chamber of Commerce.
In response to Council Member Perkins, Mr. Cosper advised that the ordinance restricts
the use of roller skates or any similar device.
Council Member Perkins wished to see roller-blades" added to the wording in the
ordinance.
In response to Council Member Adolph, Ms. Honeywell, City Attorney, advised that the
purpose of the ordinance is to prevent accidents and legal action against the City would be
more likely if an accident occurred and the City hadn't adopted an ordinance to address
the safety hazard. The ordinance applies to. private open space areas where pedestrians are
more likely to be found. She suggested that the ordinance require private property owners
to post signs prohibiting the restricted activities.
Council Member Perkins felt that signs should be posted at the entrances.
It was moved by Council Members Sniff/Adolph to take up Ordinance No.279 as
amended by title and number only and waive further reading. Motion carried
unanimously.
ORDINANCE NO.279
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, ADDING CHAPTER 11.96 TO TITLE 1' OF THE MUNICIPAL
CODE RELATING TO REGULATION OF SKATEBOARDS, BICYCLES, AND
ROLLER SKATES.
It was moved by Council Members Sniff/Perkins to introduce Ordinance No.279 as
amended on first reading. Motion carried unanimously.
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City Council Minutes 16 December 19, 1995
9. CONSIDERATION OF FISCAL YEAR 1994/95 COMPREHENSIVE ANNUAL
FINANCIAL STATEMENT FOR THE CITY OF LA QUINTA AND THE LA
QUINTA FINANCING AUTHORITY.
Mr. Falconer, Finance Director, advised that the 1994/95 Comprehensive Annual
Financial Statement for the City of La Quinta and the La Quinta Financing Authority have
been prepared and advised that Mr. Ken AI-Iman would make a brief presentation of the
report's highlights.
Mr. Ken Al-Irnan, CPA and Auditing Partner bf Conrad & Associates, advised that the
statistical schedules included in the financial statement provide information on
demographics, trends, property values, and construction activities in the community and
the transmittal letter highlights the services, accomplishments, and financial results of the
City. The disclosures and financial statements regarding cash and investments have been
discussed with the Investment Advisory Board.
In response to Council Member Perkins, Mr. AI-Iman advised that the Council has liability
insurance in the amount of $10 million through Coachella Valley Joint Powers Insurance
Authority;
Council Member Perkins suggested the need to increase it to $20 million.
Mr. Genovese, City Manager, advised that currently the City's insurance limits are
consistent with other municipalities, but that staff could research the need to increase it.
He believed that the limit is per occurrence.
Council Member Henderson asked how much time the Investment Advisory Board had to
review the report to which Mr. AI-Iman responded that they reviewed it prior to it being
discussed at their meeting at which time one hour was spent.
Mr. Falconer advised that the Board would be reviewing it again.
MOTION It was moved by Council Members Sniff/Adolph to receive and file the
Comprehensive Annual Financial Statement for the City of La Quinta and the La Quinta
Financing Authority for Fiscal Year 1994/95. Motion carried unanimously. MINUTE
ORDER NO. 95-22S.
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City Council Minutes 17 December 19, 1995
10. CONSIDE?ON OF ADOPTION OF RESOLUTION APPROVING THE
APPLIC?ON FOR THE 1995 BICYCIE LANE ACCOUNT GRANT PROGRAM
TO CONSTRUCT AN UNDER?TREET BRIDGE CROSSING AT HIGHWAY 111
AND DEEP CANYON STORM WAThR CHANNEL.
The staff report indicated that the proposed project is an under-street bridge crossing for
a bicycle lane at Highway 11 and the Deep Canyon Storm Water Channel. This project
will provide a safe crossing of Highway 111 by providing a safe, alternate route to the
busy Highway 111/Washington Street intersection. It will consist of the under-street
bridge and two cloverleaves to connect to Highway 111. The action before the Council
is for authorization to file an application for a grant for the project.
Council Member Adolph asked about the maintenance of the facility and the City's
responsibility related to it. He was concerned about the safety of individuals traveling the
bike lane alone.
Mt. Cosper advised that the City would maintain the facility in a cooperative effort with
the Coachella Valley Water District. Re stated that the bike lane would have better access
to future bike trails and was considered safer than having bicyclists cross the bridge with
traffic.
Council Member Perkins was concerned about the potential for out of sight" attacks and
asked if the Sherrif's Office has reviewed the project.
Mr. Cosper advised that the bike lane would be an open pathway and not a tunnel. The
pathway will be lighted if sufficient funding is available.
In response to Council Member Sniff, Mr. Cosper advised that the Deep Canyon Storm
Water Channel separates the City of La Quinta from the City of Indian Wells along
Highway 111 and empties into the Whitewater Storm Channel.
In response to Council Member Henderson, Mr. Cosper advised that the City of Indian
Wells will be constructing the bike path leading to the under-street bridge crossing as part
of their bike trail system. The under-street bridge crossing is one of the first steps of the
City's bike trail system that will be brought before the Planning Commission in the near
future.
Mr. Genovese, City Manager, advised that this particular part of the bike path system was
selected to be a part of the grant application because of its uniqueness and is expected to
be more readily accepted for a grant.
In response to Council Member Perkins, Mr. Cosper advised that the bike path would tie
into a pedestrian bike bridge at the channel that's proposed by the City of Indian Wells.
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City Council Minutes 18 December 19, 1995
The crossing would allow bicycle traffic enter the City of Indian Wells, the Storm
Water Channel, or travel east on Highway 111 to Washington Street without crossing
Highway 111.
RESOLUTION NO.95-98
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING THE APPUC?ON FOR THE BICYCLE LANE
ACCOUNT GRANT PROGRAM TO CONSTRUCT AN UNDER-STREET BRIDGE
CROSSING FOR A BICYCLE LANE AT HIGHWAY 111 AND THE DEEP
CANYON STORM WAThR CHANNEL.
It was moved by Council Members Sniff/Perkins to adopt Resolution No.95-98 as
submitted. Motion carried unanimously.
11. AWARD OF CONTRACT FOR ADAMS STREET EXThNSIONIFOUR SIGNALS,
PROJECT NO.95-04.
Mr. Cosper, Public Works Director, advised that on November 21, 1995, staff was
authorized to receive bids for the installation of four traffic signals and the extension of
Adams Street. The engineer's estimate for the project is $521,800. Four bids were
received with the lowest being $479,693 from Paul Gardner Corporation of Ontario,
California. He advised that additional funding would be available for next year?s Capital
Improvement Program because of savings the City has experienced through combining
several projects and the tightening of specifications. Staff will attempt to fast-track the
traffic signal installation at Miles Avenue and Adams Street and construct the Adams Street
extension once the signals are operational.
Council Member Adolph asked why no bids were received from local contractors.
Mr. Cosper advised that invitations to bid were mailed to them, but no bids were received.
He noted that Paul Gardner's sub-contractor list contains local contractors.
M?ON- It was moved by Council Members Sniff/Adolph to award a contract for the
construction of Adams Street Extension/Four-Signals, Project No.95-04 to Paul Gardner
Corporation of Ontario, California in the amount of $479,693. Motion carried
unanimously. MINUTh ORDER NO.95-229.
CONSENT CALENDAR
APPROVAL OF DEMAND REGISTER DATED DECEMBER 19, 1995.
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City Council Minutes 19 December 19, 1995
2. TRANSMITAL OF TREASURY REPORT DATED OCTOBER 31,1995 FOR TIlE
CITY OF LA QUINTA AND TIlE LA QUINTA FINANCING AUThORITY.
3. APPROVAL OF A COOPERATIVE AGREEMENT WITH KSL FOR
LANDSCAPING DESIGN SERVICES FOR LANDSCAPE MEDIAN
IMPROVEMENTS ON EISENHOWER DRIVE AVENUE 50 TO COACHELLA
DRIVE).
4. SEE BUSINESS SESSION ITEM NO.11.
5. ADOPTION OF THE MEMORANDUM OF UNDERSTANDING REGARDING TIlE
COACHELLA VALLEY MULTIPLE SPECIES IIABITAT CONSERVATION
PLAN.
6. APPROVAL OF A STREET-NAME CHANGE SNC 95-007) FROM CALLE
PALOMA TO PALOMA COURT FOR TRE CUL-DE-SAC PO?ON OF CALLE
PALOMA. APPLICANT: CITY OF LA QUINTA.
MOTION It was moved by Council Members Sniff/Perkins to approve the Consent
Calendar as amended with Item No.6 being approved by RESOLUTION NO.95-99.
Motion carried unanimously. MINUTE ORDER NO.95-230.
Council recessed to Closed Session to and until the hour of 7:00 p.m.
CLOSED SESSION
1. Conference with legal counsel pursuant to Government Code Section 54956.9(a)
regarding ongoing litigation; Granite Construction Company Case No.086195.
2. Consideration of publlc employee appointment Assistant City Manager, pursuant
to Government Code Section 54957.
3. Review of council-appointed positions City Manager, City Attorney, and City Clerk,
pursuant to Government Code Section 54957.6.
7:00P.M.
None
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City Council Minutes 20 December 19, 1995
WEED ABATEMENTS/LOT CLEANINGS AND PLACEMENT ON 1996/97 TAX
ROLLS:
A. Korelich, Pete APN 773-2114)22 $125.00
B. Southfork En., Inc. APN 773-1444)14 $187.50
C. Toles, Thomas M. & Susan APN 774-2324)18 $187.50
D. Kosobucki, Joseph APN 774-2324)19 $187.50
E. Mcphee, James APN 773-2514)02 $187.50
F. Abercrombie, Thomas &
Doherty, William APN 773-2514)20 $187.50
G. Goodwin, Woodrow W. APN 773-2514)14 $187.50
H. Kanavich, Joseph APN 773-1734)32 $187.50
I. San Fernando Swap Meet
Corporation APN 7744)754)08 $187.50
APN 7742334)08 $187.50
APN 7744)84018 $187.50
J. San Fernando Swap Meet
Corporation APN 773-203-009 $187.50
K. Chavez, Victor G. APN 774-111-017 $187.50
L. Bullard, Judith E.
Elizabeth A. & Nicolas APN 774-1724)18 $187.50
M. TPM Holdings APN 773-175-001 $187.50
N. Madalo, Ronald E. APN 769-116-014 $187.50
Mr. Hartung, Building & Safety Director, advised that there have been some payments
received and he will submit an amended resolution to the City Clerk for recordation.
The Mayor declared the PUBLIC REARING OPEN. There being no one wishing to
speak, the Mayor declared the PUBLIC HEARING CLOSED.
RESOLUTION NO.95-100
A RESOL?ON OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, ASSESSING LIEN AND PROVIDING FOR COLLEC?ON ON
TAX ROLLS ON CERTAIN PROPERTY FOR COSTS OF ABATEMENT OF
PUBLIC NUISANCE.
It was moved by Council Members Sniff/Adolph that Resolution No.95-100 be adopted
as amended. Motion carried unanimously.
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City Council Minutes 21 December 19, 1995
2. TENTATIVE TRACT MAP 28259; A REQUEST TO SUBDIVIDE 14 ACRES INTO
22 SINGLE-FAMILY LOTS AND OTHER COMMON LOTS) ON PROPERTY
LOCATED SOUTHwEST OF THE CORNER OF PGA BOULEVARD AND JACK
NICKLAUS BOULEVARD IN PGA WEST PLANNED COMMUNITY.
APPLICANT: KSLIPGA WEST CORPO?ON AND KSL/HOTEL LAND L.P.
Mr. Herman, Community Development Director, presented the staff report advising that
the proposed map consists of 22 single-family lots on 14 acres at the southwest corner of
PGA Boulevard and Jack Nicklaus Boulevard. The lots vary in size from 55 feet in width
by 130 feet in depth 0.16 acres) to approximately 120 feet in width by 154 feet in depth
0.4 acres). The house sizes range from 2,065 sq. ft. to 4,542 sq. ft.
The Planning Commission has reviewed the map and recommends approval subject to
conditions as noted in the staff report.
The Mayor declared the PUBLIC EARING OPEN.
Mr. Forrest Haag, representing KSL as their Land Planner, advised that they are in
concurrence with all of the recommended conditions.
There being no one else wishing to speak, the Mayor declared the PUBLIC EARING
CLOSED.
RESOLUTION NO.95-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING TENTATIVE TRACT 28259 TO ALLOW THE
CRE?ON OF A LAND SAU? SUBDIVISION AT PGA WEST KSL PGA WEST
CORPORATION/KSL HOTEL LAND L.P.
It was moved by Council Members Sniff/Adolph that Resolution No.95-101 be adopted
as submitted. Motion carried unanimously.
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City Council Minutes 22 December 19, 1995
3. CONSIDE?ON OF APPEAL OF THE PLANNING COMMISSION'S DENIAL
OF EA 95-309 FOR CUP 95-021 AND PP 95-564; A REQUEST TO DEVELOP A
128-UNIT, AFFORDABLE APARTMENT COMPLEX ON 11.65 ACRES ON THE
WEST SIDE OF WASHINGTON S'IREET, 700 FEET NORTH OF CALLE
TAMPICO. APPLICANT: THE KEITH COMPANIES, INC. FOR USA
PROPERTIES).
Council Memher Adolph abstained and left the dais due to a possible conffict of
interest.
Mr. Herman, Community Development Director, presented the staff report advising that
the proposed project consists of 128 affordable apartment units on 11.6 acres located on
the west side of Washington Street, 700 feet north of Calle Tampico. It consists of 88
two-hedroom units; 36 three-bedroom units; and 4 four-bedroom units ranging in size from
750 sq. ft. to 1,200 sq. ft. The buildings will be interspersed throughout the site in eight-
unit building complexes with most buildings two-story in height. The exceptions are the
one-story buildings along Washington Street and Building #12 along the west property
line. Amenities include a recreation building with swimming pool/spa and a landscaped
four-acre retention/detention basin on the north portion of the site. The architecture
typifies the Mediterranean period with the design including concrete roof tiles, stucco
exteriors with stucco surrounds around windows and doors. There are two parking spaces
per units provided, but with no garages being provided.
The project site is surrounded by the existing La Quinta Village Shopping Center to the
south, existing single-family homes to the east, and presently under construction is the
Season's project to the west. The Season's is a mixed-use development including 91
senior apartments and 60 single-family homes.
Mr. Herman noted that the applicant is receiving State-tax credits for the project, and
therefore, must maintain the project as affordable units for 55 years and must also maintain
an on-site manager for 15 years.
Mr. Herman further noted that in order to meet the City's affordable housing needs, the
City is required to provide density bonuses and/or other incentives. The developer is
requesting a 35 % density bonus from eight du/ac to eleven dulac) and reduction in the
number of on-site parking spaces from 322 to 276.
The Planning Commission has denied the environmental assessment on a 3/2 vote based
on the following reasons:
1. General Plan Policy 2-1.1.9) criteria for allowing apartments in the Medium Density
Residential laand Use designation is not met in that the proposed development does not
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meet the requirement that it is part of a mixed-use planned development, and
therefore, is not consistent with the General Plan.
2. A noise study has not been completed and should be included in an environmental
impact report.
3. The number of parking spaces proposed does not mitigate the potential effects that a
reduction in parking will have for this project.
4. The 35 % density bonus for this project, as proposed, would have too great an impact
on the surrounding community and must be reviewed as part of an environmental
impact report.
Subsequent to the Planning Commission's action, the applicant has submitted a revised site
plan which basically moves the retention basin from the north side of the project next to
Washington Street thereby moving the buildings farther away from Washington Street and
recreational vehicle stalls have been added. The number of parking spaces has been
increased to 338, whereas 320 spaces are required.
The Mayor declared the PUBLIC HEARING OPEN.
Mr. Mike Rowe, with The Keith Companies, representing U.S.A. Properties, addressed
the Council briefly describing the project and explaining the challenges in developing this
piece of property with such diverse surrounding land uses. He advised that they are
willing to accept approval of either site plan.
Council Member Henderson questioned the need for R.V. parking in an affordable
complex. She asked if there is a restriction in the rental agreement regarding the number
of vehicles a tenant can have and Mr. Rowe advised that there is they are limited to two.
Mr. Dane Hooper, 78-620 Avenida Tujunga, didn't believe that it's appropriate to put
a project of this density on the proposed site. He felt that the project is substandard
housing based on the number of units, size of units, number of bedrooms and the fact that
there are no garages planned. He urged that the project be denied.
Mr. Joe Hayes, 44-125 Cristol Place, supported the proposed project stating that the
developer is reputable.
Mr. Jack Sobelman, 52-815 Avenida Martinez, advised that he has had experience with
these kinds of units and felt that the density is too high.
Mr. John Koenig, 2601 Airport Drive, developer of La Quinta Village Shopping Center,
opposed the proposed project because he was concerned with the income level of the target
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renters. His concern was with security and he could see no benefit of the proposed project
to the shopping center.
Mr. Robert Tyler, 44-215 Villeta Drive, advised that he visited the project developed by
USA Properties in Cathedral City and found that while there is an on-site manager during
the daytime, there is not an on-site manager who lives there there is a maintenance
manager who lives on-site. In that project, they are allowed two adults per bedroom,
which he believed could equate to eight vehicles per each two-bedroom unit. His
experience has shown that these kinds of projects do have R.V. 5. He suggested sending
the revised site plan to the Planning Commission for review or to deny it. However, he
did feel that since this is a difficult site to develop, that there may be a need to bend
somewhat on the development.
Mr. Richard Crockett, 50-949 Washington Street, spoke in support of the project
advising that he has had occasion to visit many of the affordable homes in the Cove area
and has found them to be as clean and well kept as any homes he's been in.
Ms. Laura Sobelman, 52-815 Avenida Martinez, advised that she has been a real estate
broker for 18 years and has some experience with assisted housing and believed that if a
project has a one-car garage and one covered parking space, it makes a huge difference
because people need storage area. There is a need for good circulation and good play
areas next to the units and an absolute need for on-site managers.
Mr. Dan Viney, 52-165 Avenida Alvarado, advised that he is a Deputy Sheriff and in
looking at this project from a law enforcement stand-point, he sees low-income units as
a problem as he believed that it will increase the crime level in that area based on his
experience. Perhaps by changing the density and making the units larger and providing
garages would make a difference. He asked where the visitors will park.
There being no one else wishing to speak, the Mayor declared the PUBLIC EARING
CLOSED.
Council Member Henderson questioned the location of traffic signals and Mr. Herman
advised that there will be one at the entrance to the shopping center on Calle Tampico and
one on Washington Street at the entrance to the proposed project.
Council Member Henderson questioned the distance from the highest point of the bridge
to the proposed signal on Washington and Mr. Herman believed it was around 600' where
Mr. Rowe believed it be 800'.
Council Member Henderson expressed concern about the size of the units and the density
and the fact that the project will attract families who will need garages for storage. She
saw some potential problems.
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Council Member Sniff felt that in light of the submittal of a revised site plan, that it should
be referred back to the Planning Commission for review.
Council Member Perkins stated that the City needs this type of housing, but his experience
is similar to that of the comments made by Mr. Viney that it could be a law enforcement
problem. He felt that it's imperative that an on-site manager live on-site. Re also didn't
feel that the parking is adequate and that families will need storage space. Re also didn't
believe that the income level of the people who will be renting these units will provide a
benefit to the Ralph's Grocery Store. Basically, the density, location, security and parking
are his concerns.
Mayor Bangerter stated that the City needs this type of housing units, although she did
have some concerns with this particular project. She supported returning it to the Planning
Commission for a review of the revised site plan.
MOTION It was moved by Council Members Sniff/Perkins to refer Environmental
Assessment 95-309 for CUP 95-021 and PP 95-564 back to the Planning Commission for
a review of the revised site plan and that they be made aware of the Council's concerns
and comments.
Council Member Perkins advised that he could not support a 35 % density bonus, nor a
reduction in the parking.
Motion carried unanimously with Council Member Adolph ABSENT. MINUTE
ORDER NO.95-231.
STUDY SESSION None
RFPORTS AND INFORMATIONAL ITEMS
All reports and informational items were noted and filed.
A. CITY MANAGER
B. CITY ATFORNEY
C. CITYCLERK
Council concurred on directing the City Clerk to begin recruitment for Council
Member Henderson's position on the Historic Preservation Commission.
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City Council Minutes 26 December 19, 1995
D. BUILDING AND SAFETY DIRECTOR
F. COMMUNITY DEVELOPMENT DIRECTOR
1. POTENTIAL MEETING WITH THE PLANNING COMMISSION.
Council concurred on a date of January 30, 1996 for a joint meeting with the
Planning Commission.
F. FINANCE DIRECTOR
I. TRANSMITTAL OF REVENUE & EXPENDITURES REPORT DATED OCTOBER
31, 1995 FOR THE CITY OF LA QUINTA AND LA QUINTA FINANCING
AUTHORITY.
G. PARKS & RECREATION DIRECTOR
1. TRANSMITTAL OF RECREATION ATTENDANCE REPORT FOR THE MONTH
OF NOVEMBER, 1995.
H. PUBLIC WORKS DIRECTOR NONE
1. SHERIFF'S STATION COMMANDER NONE
MAYOR AND COUNCIL MEMBERS' ITEMS
1. DISCUSSION OF THE NOISE ORDINANCE.
Council Member Perkins expressed concern that the City has no ordinance regulating noise
from such things as power mowers and leaf blowers and felt that such an ordinance should
be relatively easy to draft.
Mr. Herman, Community Development Director, briefly reviewed the status of the City's
new zoning ordinance which contains such regulations.
Council concurred on directing staff to bring to the Council, that section of the draft
zoning ordinance which deals with noise for review and consideration of adoption prior
to reviewing and adopting the zoning ordinance in its entirety.
Council recessed to the Redevelopment Agency Meeting.
Council reconvened and recessed to Closed Session as delineated on Page 19.
Council reconvened to regular session.
Ms. Honeywell, City Attorney, announced that the Council concluded a Closed Session pursuant
to Government Code Section 54957 to consider public employee appointment Assistant City
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City Council Minutes 27 December 19, 1995
Manager, and authorized by unanimous vote for the City Manager to complete negotiations and
execute the contract for Assistant City Manager which will be available for public review after
execution by both parties.
There being no further business, the meeting was adjourned.
Re ctfully submitted,
AUNDRA L. J OLA, City Clerk
City of La Quinta, California
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