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1994 04 05 CC Minutesi LA QUINTA CITY COUNCIL MINUTES APRIL 5, 1994 Regular meeting of the La Quinta City Council was called to order at 3:00P.M. by Mayor Pena followed by the Pledge of Allegiance. PRESENT: Council Members Bangerter.. McCartney, Perkins, Sniff, Mayor Pena ABSENT: None CONFIRMATION OF AGENDA Council Member Mccartney asked to add a discussion item under Mayor and Council Members' Items. Mr. Hunt, City Manager, asked that Business Session Item No. 10 be taken up after Closed Session. APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/Bangerter that the Minutes of March 1, 1994 and March 15, 1994 be approved as submitted. Motion carried unanimously. ANNOUNCEMENTS None PRESENTATIONS Mayor Pena presented to Mr. Hunt, City Manager, in the absence of John Risley, Accounting Supervisor, with a plaque expressing appreciation for Mr. Risley being chosen Employee of the Month? for April. Mayor Pena announced the La Quinta Beautiful Spring Splendor" award recipients were James M. Mcpheeters, 54-592 Avenida Obregon, for the month of January and Mr. & Mrs. Frank A. Hernandez, 50-865 Calle Quito. for the month of February. PUBLIC COMMENT Scott Dalecio, President of the La Quinta Chamber of Commerce and Resident Manager/Director of Marketing at the La Quinta Hotel, commented on two letters the Council BIB] 01-13-96-U01 03:14:46PM-U01 CCMIN040594-U02 iCity Council Minutes 2 April 5, 1994 received addressing the concept of an Auto Mall and the Airline Service Task Force. Regarding the Auto Mall, he stated that the Chamber of Commerce met with Midland Properties and it is their desire that the City continue to research and discuss the opportunities of potential development and increase in tax-base source with the City of Indio. He stated that the Chamber is concerned about the Master Plan for the corridor between 1-10 and La Quinta on Jefferson and between Jefferson and Washington They wish to see continued involvement with the City of Jndio to define the type of development planned for these areas. Regarding the Airline Service Task Force, he stated that on behalf of the La Quinta Hotel and the Chamber of Commerce, they fully support the program and see it as a partnership. He stated that they invest in markets where there is air access, and explained that the hotel is increasing their budget in the Marketing Department approximately $500,000. Their TOT collection has increased $250,000, and based on the pro formas they are putting together, they anticipate another $250,000 in 1995. Martin Langer, President of the Coachella Valley Community Concerts, presented a proposal and advised that they have never appealed for funds from those they serve. They have aggressively moved to deepen their commitment to the community, and briefly explained their achievement record over the past three years Through the outreach program in the school system and civic partnership with the Saturday Night Live in the school amphitheater, they will have presented 29 events by the end of next month. With this in mind, he feels this request has merit and is worthy of Council's consideration. He also noted that they did receive an official name change without their charter being tampered with or diluted to Community Concerts of La Quinta. Linda Batten, 58-278 Herrera, stated that her neighbor's business is being conducted from their home which has not been a problem until recently due to its growth. His vehicles are increasing in size, and with the garage being converted into a workshop, the driveway is not being used for parking area. They wish to put a driveway and parking lot on their side property that will house a 16' trailer. If approved, it would obstruct her view from their living room window. She felt this problem would not exist if the business was not conducted out of their home. Mayor Pena advised that the matter would be referred to staff. BIB] 01-13-96-U01 03:14:46PM-U01 CCMIN040594-U02 i City Council Minutes 3 April 5, 1994 WRITTEN CORRESPONDENCE a. Letter from Children's Discovery Museum requesting sponsorship of Garbage.. and all that Trash" event. Noted and filed. b. Letter from City of Modesto regarding a proposed amendment to State law regarding financial responsibility for graffiti vandalism. Noted and filed. BUSINESS SESSION CONSIDERATION OF SPECIAL ADVERTISING DEVICE 94-042 FOR APPROVAL OF SUBDIVISION FLAGS FOR CACTUS FLOWER" ON STAR FLOWER TRAIL, EAST OF DUNE PALMS ROAD. APPLICANT: ROGER SNELLENBERGER & ASSOCIATES. Council Member Perkins abstained due to a possible conflict of interest and left the dais. Mr. Herman, Planning Director, presented a site plan and advised that the applicant, Cactus Flower Development, has requested approval to place two flags on Dune Palms Road and 13 flags along the southern property line which would be visible from Miles Avenue. The flags are 2' by 5' in size and are made of orange canvas on 18' high poles. This request is in compliance with City policy and staff recommended a six- month approval with an option for an extension. MOTION It was moved by Council Members Sniff/Bangerter to approve Special Advertising Device 94-042, permitting 15 temporary flags for the Cactus Flower project, subject to the attached Findings and Conditions of Approval Attachrnent 1) located on Star Flower Trail, east of Dune Palms Road. Applicant: Roger Snellenberger & Associates). Council Member McCartney commented that with this approval. there will be 50, 18' high flags in the City over the past year and he continued to have a problem with the number of flags allowed in the City. At some point there needs to be a determination as to the number of flags that will be allowed and for what time period. BIB] 01-13-96-U01 03:14:46PM-U01 CCMIN040594-U02 iCity Council Minutes 4 April 5, 1994 Council Member Sniff did not have a problem with these requests as long as the flags are maintained. He felt there is an element of competitiveness with the various subdivisions and they are a useful advertising tool. He agreed that they should not remain more than six months without being reviewed by the Council. Motion carried with Council Member McCartney voting NO and Council Member Perkins absent. MINUTE ORDER NO.94-78. 2. REQUEST FOR APPROVAL OF SPECIAL ADVERTISING DEVICE 94-043 FOR 19 FLAGS AT PARC LA QUINTA. Mr. Herman, Planning Director, advised that the applicant, Parc La Quinta has requested approval to place six flags on 10' high poles at the entrance and 13 flags on 20' high poles along the frontage of Washington Street. The flags are 30" by 60" in size and solid orange in color. This request is in compliance with City policy and staff recommended a six-month approval with an option for a six-month extension. Ms. Honeywell, City Attorney, advised that this issue was the subject of a settlement agreement on a lawsuit, in which the costs are split between the developer and the City. The developer will under ground the utilities and the City will reimburse half the costs. Mr. Hunt, City Manager, advised that the City's portion will be included in the 1994/95 Fiscal Year budget. Council Member McCartney again expressed his disapproval with additional flags. MOTION It was moved by Council Members Sniff/Perkins to approve Special Advertising Device 94-043 permitting 19 flags for the Parc La Quinta Project, subject to the attached Findings and Conditions. Motion carried with Council Member McCartney voting NO. MINUTE ORDER NO.94-79. 3. REPORT OF PLANNING COMMISSION ACTION FOR A REQUEST BY THE KOENIG COMPANIES ON PLOT PLAN 91-456 AMENDMENT #2 TO PERMIT AN AMENDMENT TO A COMMERCIAL SHOPPING CENTER AT THE NORTHWEST CORNER OF WASHINGTON STREET AND CALLE TAMPICO. Mr. Herman, Planning Director, advised that the applicant, Koenig Companies, has requested a second amendment to Plot Plan 91-456. The first amendment decreased the project size from 116,600 sq. ft. to 84,645 sq. ft and the acreage from 11.8 acres to 9.25 acres. Amendment No.2 would further decrease the project size from 85,645 sq. ft. to 79,333 sq. ft. on the 9.25 acres. BIB] 01-13-96-U01 03:14:46PM-U01 CCMIN040594-U02 iCity Council Minutes 5 April 5, 1994 Mr. Herman presented the Site plan and related the concerns of the Planning Commission which related to the driveway access on Calle Tampico; the relocation of the Ralph's Market 20' closer to the northern property line and the architectural treatment of the north end of the market and the adjacent Jascorp project to the north. Mr. Herman advised that there was no public opposition to the applicant's request at the public hearing, and noted that the permit expires on November 25, 1994, unless construction begins. The Planning Commission recommended approval of this amendment subject to the recommended conditions. In response to Aayor Pena, Mr. Herman stated that the Engineering Department is considering two options: 1) One way in to the project, and 2) Offset the driveway to the east with two entrance driveways and lining up the exiting driveway for better movement. Council Member Sniff felt that it would be much safer and functional to have a double in and a double out with significant distance separating them. Council Member Perkins felt that it would be better to have two entrance lanes onto the site, because a single entrance driveway could cause traffic problems on Tampico. Council Member Perkins asked what assurance and authority the City has to assure the landscaping is properly maintained. Mr. Herman stated that there is a process the City can follow, however, because of potential litigation, we must provide all opportunities for them to correct the problem. MOTION It was moved by Council Members Sniff/McCartney to accept the action of the Planning Commission approving Plot Plan 91-456, Amendment #2, subject to the attached conditions. Motion carried unanimously. MINUTE ORDER NO.94-SO. 4. REPORT OF PLANNING COMMISSION ACTION FOR A REQUEST BY DESERT HOSPITAL FOR A ONE-YEAR EXTENSION OF TIME #2) AND AMENDMENT #1 FOR PLOT PLAN 91-473, AN APPROVED, THREE-STORY MEDICAL FACILITY ON THE EAST SIDE OF WASHINGTON STREET, NORTH OF 47TH AVENUE. Mayor Pena abstained due to a conflict of interest and left the dais. Mr. Herman, Planning Director, presented a site plan and advised that the applicant, Desert Hospital, has requested a second one-year time extension and first amendment for Plot Plan 91-473. He stated that the original approval was for a maximum of four BIB] 01-13-96-U01 03:14:46PM-U01 CCMIN040594-U02 iCity Council Minutes 6 April 5, 1994 buildings on 19 acres. This proposal will reduce the square footage from 68,634 sq. ft. to 65,524 sq. ft. and relocate the building south, adjacent to Avenue 47 on a future six- acre site. He advised that there was no public opposition at the public hearing and noted that the permit expires on February 11, 1995, unless construction begins. The Planning Commission recommended approval of the extension and amendment subject to conditions. In response to Council Member McCartney, Mr. Herman advised that the height of the three-story building is 50' with an additional 23' for the tower, totaling 73' in height. As long as the tower does not provide additional floor space, it meets the current regulations within the ordinance for architectural embellishments. He noted that this would be the tallest building in the City. In response to Council Member Perkins, Mr. Herman advised that there are setback requirements based on the height of the building He advised that in the General Plan. there is a setback requirement of 150' for one-story buildings along Washington Street. This criteria only applies to Washington Street. Beyond 150', buildings up to three stories are allowed. The setback from Avenue 47 is 85'. He advised that there is no setback requirement in the CPS Zone. At the property line, the height of a one-story building can be 35'. It can then be increased one foot in height for each foot setback. Council Member Perkins requested that the setback requirements for areas other than Washington be reviewed, because he felt that the setback for commercial buildings is not adequate. Mr. Herman stated that they are updating the Zoning Ordinance and will include setback requirements for all streets. In response to Council Member Sniff, Mr. Herman advised that the application conforms to the City's current regulations. Council Member Sniff had no problem with their request and supported the action of the Planning Commission. Ronald MeMahon, 9245 Brown Deer Rd. San Diego, stated that he is the developer on the project and that they are exceeding all the planning requirements and they are in agreement with the conditions imposed by the Planning Commission. He stated that what they are doing to the previously approved application is placing the building closer to Avenue 47 making it more suitable for the site, as well as provide for additional parking), changing the site plan, and access onto the property. He stated that the front, side, and rear elevations remain essentially the same as in the previous application. BIB] 01-13-96-U01 03:14:46PM-U01 CCMIN040594-U02 i City Council Minutes 7 April 5,1994 MOTION It was moved by Council Members Sniff!McCartney to approve the Report of the Planning Commission action on a request by Desert Hospital for a one-year extension of time #2) and Amendment #1 for Plot Plan 91-473, an approved three-story medical facility on the east side of Washington Street, north of 47th Avenue subject to attached findings and amended conditions. Motion carried unanimously with Mayor Pena absent. MINUTE ORDER NO.94-81. 5 REPORT OF PLANNING COMMISSION ACTION ON A REQUEST BY MR. MIKE PINO FOR CONDITIONAL USE PERMIT 93-009 TO ESTABLISH A TEMPORARY RETAIL NURSERY AT 79-410 HIGHWAY 111. Mr. Herman, Planning Director, presented the site plan and advised that the applicant, Mike Pino, submitted an application for a Conditional Use Permit to convert an office building to a retail nursery. Because the outside storage exceeds the 200 sq. ft. limitation, a Conditional Use Permit is required. He stated that approximately 10,000 sq. ft. of outside storage is proposed by the applicant. The Planning Comrnission conducted a public hearing on March 22, 1994, with no public opposition and recomrnended approval of the Conditional Use Permit subject to conditions. One of the recommended conditions is that the permit would expire on September22, 1995, without an extension. In response to Council Member Sniff, Mr. Hunt, City Manager, advised that when the City discovered the applicant was operating without a permit, expedient action was taken while at the same time giving the applicant and those involved due process, which required considerable time and cost to get corrective action. Council Member Perkins asked if the purpose for the Conditional Use Permit is because a business of this type is not normally acceptable where it is located. Ms. Honeywell, City Attorney, advised that there are certain businesses which the City wishes to have more control over and have determined that they can be allowed with a Conditional Use Permit and this in one of those businesses. Council Member Perkins could not understand why the City is willing to grant a CUP because of the many problems they have caused and asked if the Council could deny their request. Ms. Honeywell stated that the applicant has agreed to meet all the conditions requested by the City to obtain their CUP. The City could decide whether to set a public hearing to determine if the conditions are adequate. If the Council grants it and then they do not comply with the conditions, then by the terms of the CUP, it would become void. BIB] 01-13-96-U01 03:14:46PM-U01 CCMIN040594-U02 iCity Council Minutes 8 April 5, 1994 Council Member Perkins asked if we could require the applicant to comply to the conditions before the CUP is issued. Ms. Honeywell advised that the applicant must have the CUP in order to obtain a business license to reopen the business and the lawsuit will not be dismissed until he has met all of the physical conditions, such as parking. Once the business is in operation, it will have to be monitored on an ongoing basis. Council Member Perkins was not convinced that the applicant will comply based on past record and asked if the lawsuit could be held in abeyance. He stated that this has been the most flagrant violation of our City Codes since he has been on the Council. Ms. Honeywell stated that the lawsuit could be held until the City can verify the physical changes have been met. Once the conditions are met, it would be difficult to convince the Judge to hold the lawsuit in abeyance without reason. She stated that the owner of the property responded quickly when he was made aware of this problem. Council Member Bangerter comrnented that we do not know all the circumstances involved, but if they are willing to comply, they need to be given the opportunity to reopen their business. In response to Mayor Pena, Ms. Honeywell advised that City Code does not provide for recouping legal costs. MOTION It was moved by Council Members SnifflMcCartney to accept the action of the Planning Commission to approve a temporary nursery at 79-410 Highway 111, subject to the attached Conditions of Approval. M?TE ORDER NO.94-82. 6. REPORT OF PLANNING COMMISSION ACTION ON A REQUEST BY EFP CORPORATION ON PLOT PLAN 92-490 REVISED) AND SPECIFIC PLAN 92- 022 FOR A ONE-YEAR EXTENSION OF TIME #1) FOR A PREVIOUSLY APPROVED COMMERCIAL PROJECT AT THE NORTHWEST CORNER OF HIGHWAY 111 AND JEFFERSON STREET. Mr. Herman, Planning Director, presented the site plan and advised that the applicant, EFP Corporation, has requested a one-year time extension for Plot Plan 92-490 and Specific Plan 92-022. The project consists of a 251,550 sq. ft. shopping center on 21.3 acres at the northwest intersection of Jefferson and Highway 111. There have been no modifications to the architectural design. A condition was included to provide for a City- entry sign location, and the applicant has agreed to the recommended conditions. There was no public opposition at the public hearing and the Planning Commission recommended approval of the one-year time extension subject to the conditions as BIB] 01-13-96-U01 03:14:46PM-U01 CCMIN040594-U02 i City Council Minutes 9 April 5, 1994 modified. In response to Council Member Sniff, Mr. Herman advised that three-time extensions can be approved on a Plot Plan. In response to Council Member Perkins, Mr. Herman advised that the architectural design of the shopping center is spanish style, similar to the Von's Shopping Center. MOTION It was moved by Council Members Sniff/McCartney to accept the report of the Planning Commission action on request of EFP Corporation on Plot Plan 92-490 Revised) and Specific Plan 92-022 for the first one-year extension of time for a previously approved cornmercial project at the northwest corner of Highway 111 and Jefferson Street subject to the attached amended conditions. Council Member Sniff thanked the appli?ant for their cooperation in establishing a location for the City-entry sign. Motion carried unanimously. MINUTE ORDER NO.94-83. 7. ADOPTION OF RESOLUTION MAKING CERTAIN FINDINGS TO APPROVE AGENCY FUNDING AND AWARD OF CONTRACT FOR THE INTERIM IMPROVEMENT OF RESIDENTIAL STREETS IN WESTWARD HO/INDIAN SPRINGS NEIGHBORHOODS. Mr. Cosper, City Engineer, advised that the Council approved a Cooperative Agreement on December 21,1993 with the City of Indio for interim improvements on streets in the Indian Springs/Westward Ho area. He advised that the engineer's estimate for the project was $119,000. The lowest bid received was from Simon Company of Indio for $107,000. He further advised that the funding would come from three sources. 1) $19,000 from the City of Indio for their fair share of the cost for the widening of Westward Ho; 2) $50,000 from Gas Tax for street repairs; and 3) $64,500 from Redevelopment Agency Project Area #2. Staff recommended adoption of the resolution and awarding the construction contract to James E. Simon Company of Indio. In response to Council Member Bangerter, Mr. Cosper advised that the project should be completed around the end of May. Council Member Perkins cornmented that he is pleased to see that we are working in cooperation with the City of Indio. Council Member Sniff asked if James E. Simon Company is the same company who worked on an Bisenhower project, because he recalled that they were unable to complete BIB] 01-13-96-U01 03:14:46PM-U01 CCMIN040594-U02 iCity Council Minutes 10 April 5, 1994 the project on time, and we had some frustration with their performance. In response to Council Member Sniff, Mr. Cosper advised that he was not aware of this and stated that the contract provides for liquidated damages up to $500 per day. However, contract law only allows us to charge for actual costs the City incurs because of a delay or an extension in the project. RESOLUTION NO.94-27 RESOLUTION OF THE CITY COUNCIL OF LA QUINTA DETERMINING THAT THE USE OF AGENCY FUNDS FOR PUBLIC IMPROVEMENTS IS OF PUBLIC BENEFIT TO THE REDEVELOPMENT PROJECT AND THE IMMEDIATE NEIGHBORHOOD IN WHICH TIlE PROJECT IS LOCATED AND DETERMINING THAT THERE ARE NO OTHER REASONABLE MEANS OF FINANCING SAID PUBLIC IMPROVEMENTS. It was moved by Council Members Sniff/Bangerter that Resolution No.94-27 be adopted as submitted. Motion carried unanimously. MOTION It was moved by Council Members Sniff/Bangerter to award the construction Contract to James E. Simon Company in the amount of $107,658.50 for the interim improvement of residential streets in the Westward Ho/Indian Springs neighborhood. Motion carried unanimously. MINUTE ORDER NO.94-84. 8. CONSIDERATION OF ANALYSIS OF PROPOSED COMPUTER EQUIPMENT AND SYSTEMS ACQUISITION. Mr. Genovese, Ass't. City Manager, advised that during midyear budget review, staff requested an appropriation for various items of computer hardware and software. A staff subcommittee made up of Clint Bohlen, Parks and Recreation Director; Dave Cosper, the Public Works Director; John Risley, Accounting Supervisor; and himself was created to address the issues raised by the Council at the February meeting. Those concerns were addressed in the staff report. Mr. Genovese advised that staff envisions the formation of a Management Information Systems Program which will include an analysis and provide for the centralization of both applications and implementation programs for future purchases, as well as the applications currently on line. Staff recommended authorizing the City Manager to conduct the bid process for the items contained in the report, to acquire the specified networking, accounting and graphic software, and the necessary conversion services. BIB] 01-13-96-U01 03:14:46PM-U01 CCMIN040594-U02 iCity Council Minutes 11 April 5,1994 Council Member McCartney commended staff for the analysis that went into the report. He asked if the Finance Director who was recently hired had an opportunity to review this report and whether the software system selected is common among governmental agencies; and if so, could electronically transmit data back and forth to our auditors, which would save time and money. Mr. Genovese advised that the software program being considered is one of several common programs used by various cities throughout California and is compatible with the suggested hardware. He stated that the type of applications that would be applicable to the recommended software were reviewed by the Accounting Supervisor and the Interim Finance Director. He further stated that new applications for the software system will be upgraded as time permits, and the vendor will automatically make the necessary modifications to the system. He stated that the applications were discussed with the auditors, and they strongly suggested that the City acquire new software for our applications in Finance. He further added that the City would have to add hardware for electronic devices as we move forward with other applications regarding electronic communications with the auditors' offices. In response to Council Member McCartney, Mr. Genovese stated that it is their intent to purchase four tape-based backup Systems for the four departments suggested in the staff report. As the applications proceed and staff finds additional benefits to it, additional appropriations would be requested for additional units. He advised that the City currently does not have any tape drive backup systems. In response to Council Member McCartney, Mr. Hunt, City Manager, stated that the RFP process would be somewhat different because the vendors will deposit computers at the City for a reasonable period of time to give staff ample time to work with them and analyze them. Council Member McCartney asked if we will be assisted with installation, maintenance of the programs, as well as on-site training in each department. We are making an investment in the future. Therefore, he wished to assure that we efficiently and effectively use this new technology. He suggested getting assistance from volunteers or a MIS student from COD. and begin considering a Management Information Systems Department to assist each department. Mr. Hunt stated that staff is in concurrence with this suggestion and it is his intent to get an intern on board from COD as we move toward an MIS program. BIB] 01-13-96-U01 03:14:46PM-U01 CCMIN040594-U02 iCity Council Minutes 12 April 5, 1994 MOTION It is moved by Council Members SnifflMcCartney to: 1) authorize the City Manager to conduct the necessary bid process for the purchase of the following listed specified equipment as outlined in Attachment 1, and 2) acquire the specified networking, accounting and graphics software, and conversion services as identified in Attachment 2. Motion carried unanimously. MINUTE ORDER NO.94-85. 9. APPROVAL OF AGREEMENT WITH MUNICON FOR CABLE CONSULTANT SERVICES. Mrs. LiCalsi, Ass't. to the City Manager, advised that the City Attorney and City Manager was directed by the Council to negotiate a contract with Municon for cable contract negotiation services in an amount not to exceed $70,000 including expenses. She advised that the cost of the contract is part of the negotiations with Colony CableVision and it is expected that the cost will be reimbursed by Colony. Ms. Honeywell, City Attorney, advised that when the transfer of the franchise to Colony was approved, there was an acknowledgement that we would be doing a renegotiation of the contract and that our cost for that renegotiation would be covered. The City anticipates that they may try to negotiate those costs, but the City is going in with the premise that they are covered under the prior agreement. She stated that we cannot be 100% positive that we will be 100% covered, because there has been case law holding that cities requiring this type of agreement have done so under duress with cable companies. Mayor Pena stated that Colony has indicated that they would reimburse the City for all reasonable costs. MOTION It was moved by Council Members Sniff/Bangerter to approve the Contract- Services Agreement with Municon for Cable Consultant Services in an amount not to exceed $70,000. Motion carried unanimously. MINUTE ORDER NO.94-86. 10. ADOPTION OF A RESOLUTION APPROVING A SETTLEMENT AGREEMENT WITH MARSHALLTOWN, IOWA. Continued until after Closed Session. BIB] 01-13-96-U01 03:14:46PM-U01 CCMIN040594-U02 i City Council Minutes 13 April 5, 1994 11. TRANSMITTAL OF TREASURER'S REPORT FEBRUARY 28, 1994. MOTION It was moved by Council Members Sniff/Bangerter to receive and file the February 28, 1994 Treasurer's Report. Motion carried unanimously. MINUTE ORDER NO.94-87. CONSENT CALENDAR I. APPROVAL OF DEMAND REGISTER DATED APRIL 5, 1994. 2. REJECTION OF CLAIM BY SALLY JENKINS, DATE OF LOSS NOVEMBER 16, 1993. 3. APPROVAL OF MODIFICATION TO RESOLUTION NO.94-18 AS REQUESTED BY LAFCO. 4. ACCEPTANCE OF PARK AVENUE WIDENING IMPROVEMENTS PROJECT 92-15. 5. FINAL ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 23268- TIERRA DEL SOL, THORNBURGH. 6. ACCEPTANCE OF TEMPORARY DRAINAGE EASEMENT FOR TENTATIVE TRACT 23935 TOPAZ. MOTION It was moved by Council Members Sniff/Bangerter to approve the Consent Calendar with Item No.3 being adopted by RESOLUTION NOS. 94-28 and 94-29. Motion carried unanimously. MINUTE ORDER NO.94-88. BIB] 01-13-96-U01 03:14:46PM-U01 CCMIN040594-U02 iCity Council Minutes 14 April 5,1994 STUDY SESSION Council concurred in taking up the Study Session items in reverse order. 4. CONSIDERATION OF REQUEST OF PALM SPRINGS DESERT RESORTS JOINT POWERS AUTHORITY EXECUTIVE COMMITTEE TO ESTABLISH AN AIRLINES SERVICE COUNCIL UNDER THE EXISTING JOINT POWERS AUTHORITY AND TO APPROVE A FUNDING FORMULA FOR FINANCIAL ASSISTANCE. Ed Barth, President of BDM Global Marketing Group, Inc., advised that many cities have lost airline or jet service in 1993. Many jet operations are going to commuter operations because the airline industry has been down-sizing their service. Over the next two years, there will be three types of airlines major carriers such as American, boutique-type airlines such as Midwest Express, and low cost carriers such as Southwest Airlines. He stated that in 1992 the Palm Springs Regional Airport had six jets daily with five airlines serving those jets. In 1993, the airport down?sized to three airlines with three jets daily. One carrier has advised that they will pull out during the months of June through August, leaving us with two jets daily. Taking 1992 versus 1993 there was a 50% drop in airline jet seats and 48% drop in jet passengers. The commuter operation has increased but that cannot pick up the slack of the jets because of the seating capacity. Mr. Barth expressed concern about our proximity to Los Angeles because the Palm Springs Airport could become a commuter airport overnight which could have a dramatic impact on tourism and on future economic development of the cities. For this reason, the Airline Service Task Force was formed. The Task Force has had a beneficial impact on negotiations because the airlines know they're negotiating with several cities. Mr. Barth then discussed the proposed funding forinula which has been proposed by the Palm Springs Desert Resorts Convention and Visitors Bureau Joint Powers Authority Executive Committee in order to provide financial assistance as an incentive to protect existing service and/or expanded service. This is a trend which was initiated by Amarillo, Texas. He advised that they have concluded negotiations with American Airlines in a marketing agreement to provide promotional services to Palm Springs for the next three years at a cost of $250,000 per year. Another element negotiated was airfares. Palm Springs airfares average $20-$30 more than those of Ontario and during June through October, they will common-rate Ontario. Also, as of yesterday, they will BIB] 01-13-96-U01 03:14:46PM-U01 CCMIN040594-U02 i City Council Minutes 15 April 5, 1994 bring in a 757 to Chicago for the sutlilner. He concluded in saying that the expansion of airline service is vitally important to the tourism industry and our economic growth. The contract which has been negotiated has a cost of $350,000. They are asking the cities for $162,500 with the CVB contributing $100,000 and the remainder coming from the private sector. He noted that a separate legal entity had to be established to approve the tunding formula and sign the contract. Council Member Perkins felt that it's important to get the summer fares comparable to those of Ontario. He also commented on the spirit of cooperation which seems to exist between the JPA and American Airlines. In response to Council Member McCartney, Mr. Barth advised that Tucson is a bigger competitor than Phoenix noting that last summer. we had three jets and Tucson had 44. In further response, he advised that the JPA used the same fundin? formula that was used in the development of the CVB. Council Member Bangerter expressed her support and excitement about this proposal and asked if the costs would be kept down by bringing in more airlines. Mr. Barth stated that it does help keep the costs down, but getting bigger airplanes and more seats is the major objective. Council Member Sniff stated that he has been in the tourist business for many years and expressed concern about being able to fill these extra flights. He felt that a more reasonable approach is to sell the product and people will come. He wasn't sure that there were sufficient advertised incentives. He felt that we could be setting a dangerous precedent by offering incentives and guarantees to the airlines when they should be offered to the tourists who want to come to the valley. Mr. Barth advised that they are in the process of developing short-term packages to stimulate the summer months. Many companies of 150 or less are booking short-term, and we do have attractive rates to offer. Judy Vossler, representing the CVB. commented that it is Mr. Barth's responsibility to do the Airline Task Force presentation and it becomes their job to do the packaging, the pricing, and offering packages to the guests. However. this can only be done when they can guarantee the guests a way of getting to the valley. With all the ground work and negotiations that have taken place, she felt a wrong message will be sent to the airlines and to the community if we don't follow through. Scott Dalecio, President of the Chamber of Commerce and Resident Manager/Director of Marketing at the La Quinta Hotel, stated that he is responsible for a sales and BIB] 01-13-96-U01 03:14:46PM-U01 CCMIN040594-U02 iCity Council Minutes 16 April 5, 1994 marketing budget of $2.8 million, and they believe we have one of the finest products in the United States. There is an international market but they could not succeed in entering this market solely, therefore, they must look at locations that have the accessibility. In response to Council Member Sniff, Mr. Barth explained what the budget of $350,000 will purchase year-round service, a relationship and an opportunity. American Airlines will receive $250,000, Alaska will receive $60,000 and $40,000 is for management. He added that American Airlines will also work with the Task Force on the international level. Council Member Sniff wished for the City Attorney to review the contract. Council Member Bangerter commented that these concerns have been well taken but felt that we need to place our confidence in the experts working on this program. MOTION It was moved by Council Members Sniff/Perkins to approve and support the concept of an Airlines Service Council) pending review of the two contracts by the City Attorney. Council Member McCartney supported this program and felt we need to be competitive. He stated that this is long overdue and commended the efforts that were made. Motion carried unanimously. MINUTE ORDER NO.94-89. 3. CONSIDERATION OF REVISED NOISE CONTROL ORDINANCE. Mr. Herman, Planning Director, advised that in December 1993, Council directed staff to make further revisions to the noise control ordinance. Comments and concerns have been taken into consideration, i.e. leaf blowers for commercial use have been eliminated and activities have been limited to 60 dba during the hours of 7 A.M. to 7 P.M. Leaf blowers for use by individual homeowners are still allowed and they are permitted on golf courses between September 15 and December 1 between 8:00 A.M. and 5:00P.M. Monday through Friday and 9:00 A.M. to 5:00 P.M. on Saturday. Staff is requesting further direction from Council in order to begin the process with public hearings before the City Council on May 17th. In response to Council Member Perkins, Mr. Herman advised that the construction hours fluctuate because of daylight savings time and the extreme heat during the summer. During the winter months, there is less daylight, therefore, they begin and end work later. BIB] 01-13-96-U01 03:14:46PM-U01 CCMIN040594-U02 i City Council Minutes 17 April 5, 1994 Council Member Perkins felt that it's confusing to have construction hours varied throughout the year. Mayor Pena asked if it could be up to the homeowners' associations in the gated communities to address hours of maintenance matters. Ms. Honeywell, City Attorney, advised that they could have restrictions more restrictive than the City's, but not less restrictive. Council Member Perkins stated that his main concern is the blowing dust. He commented that he lives in a gated community and his garage is full of lawn clippings from leaf blowers and he felt that they should not be permitted. Council Member McCartney asked why the definition segment to the ordinance has been eliminated. Ms. Honeywell stated that there will be great difficulty in enforcing this ordinance, therefore, in the second draft the verbal definitions were removed because a combination of the two charts will be utilized. Harry GeIt, 50-211 Calle Maria, stated that his home is directly on the Dunes golf course and expressed dismay over the noise emanating from the golf course beginning at 4:30 A.M. He commented on his dissatisfaction with the cooperation of the management of the golf course in his attempt to solve this problem. He doesn't want his privacy invaded any longer and asked that the nuisance of the noise and lights be abated. Marty Diller, 49-215 Vista Ventura, felt that the noise ordinance should cover all noises such as barking dogs, late night parties, unmuffled vehicles, etc. and hoped that the revised ordinance will take a broad view of giving La Quinta citizens some respite and line of response to complaints. R. Thomason, 50-181 Calle Maria, supported Mr. Gelt's statements and stated that not only do the tractors cause disturbance, but also the lights and speakers. He stated that if the 60 dba level is considered a normal noise or voice nearby, it would be fine during the daytime but not during early morning hours. He felt the technical aspects of the noise definition should be reviewed carefully. Don Schuman, 76-995 Avenida Fernando, supported all comments made and stated that he has been dealing with the noise problem on the golf course for the four years he has owned his home. He stated that since KSL took over, they have been attempting to resolve this issue but the problem seems to reoccur periodically. He felt that the golf course should be mowed in the evening rather than early morning. He also noted that BIB] 01-13-96-U01 03:14:46PM-U01 CCMIN040594-U02 iCity Council Minutes 18 April 5, 1994 the City of Palm Desert has enforced a noise ordinance prohibiting any noise, including on golf courses, before 7 A.M., and requested the draft ordinance include noise on the golf courses. Mayor Pena encouraged the residents to pick up a copy of the revised ordinance, review it, and submit their comments. He stated that the Council is aware of and sensitive to the concerns which have been addressed, and everyone is in favor of a noise ordinance as long as it does not become too restrictive. In response to Council Member Perkins, Mr. Herman explained the various dba levels. Council Member Perkins felt that the Construction hours should be established including golf courses) at 7A.M. to 7P.M. during the week, 8A.M. to 6P.M. on Saturdays, and nothing allowed on Sundays. He stated that while gated communities can be more restrictive, many gated communities are still controlled by management or the developer. Also, if a gated community is next to a residential area without those restrictions, they would be of no effect. Therefore, he felt a noise ordinance must be universal throughout the City. He felt there must be further research before its adoption. Don Marrs, Santa Rosa Cove, explained that decibel levels are given on a rhythmic scale. Each ten decibels magnifies the noise level by double the factor. Council Member Perkins pointed Out that the Sheriff can respond to a complaint based on noise and disturbance of the peace. Ms. Honeywell, City Attorney, agreed and stated that the residents have private rights of nuisance actions as well. They don't have to look just to the City to control this type of problem. Council Member McCartney felt that we need to do some random testing to get some benchmarks. He, too, lives on a golf course and can empathize with these concerns. Mayor Pena stated that we also need to take into consideration the closeness of the mountains and its effect on the reverberation of sound levels in the Cove area. Council Member Perkins felt we should not rush into this and requested input from the citizens so we will have an ordinance that will be effective and accomplishes what it is intended to accomplish. Council Member Sniff felt that decibel levels of other sounds such as hammers pounding nails, lumber being dropped, an electric saw, etc., should also be considered. It is difficult to monitor noises when someone has a complaint, because the noise is not something tangible. The noise goes away and there is no proof that the noise disturbance BIB] 01-13-96-U01 03:14:46PM-U01 CCMIN040594-U02 i City Council Minutes 19 April 5, 1994 ever existed. Mayor Pena stated that the major concerns were not with the amount of noise, but the time the noise occurred, which he felt can easily be addressed. He asked that staff send letters to the various golf courses addressing their hours of operation and if they have any policies on those hours. Council Member McCartney asked that homeowners associations also be included in the survey. 2. DISCUSSION OF CHARTER AND GENERAL LAW CITIES. Council Member Perkins commended staff on an excellent report and stated that although he is interested in the City becoming a charter city, he felt that we should monitor Palm Springs' progress and obtain any information that would be helpful to us in making a decision. At this time, Council concurred in allowing public comment. PUBLIC COMMENT Jim Jackson, 52-855 Avenida Diaz, Past President of the Desert Contractors' Association, urged the Council to continue their efforts with the Desert City Auto Mall. He felt this project would benefit the community with tax dollars, permanent jobs, and work for those in the construction business. He asked that the City aggressively pursue this project. Dennis Chappell. 74-856 Joni Drive, President of the Desert Contractors' Association, commented that construction crews normally work from 6 A.M. to 2:30 P.M. during the summer months because of the excessive heat, and 7:00 A.M. to 3:30 P.M. during the winter months. He comrnended the City Council for their strong efforts on the bi-local issues. He stated that Midland Properties has approached them and made a strong commitment that local contractors would be used on this project. He felt the property is zoned for this type of use and working with the City of Indio would create a good center rather than two separate ideas, in two different developments, from two different cities. The cooperative effort would compliment one another between the two locations that meet on the property line. This project would benefit La Quinta, complimenting existing businesses, and potentially add increased property values. He stated that currently the only request being made is that the City Council work together on a joint powers BIB] 01-13-96-U01 03:14:46PM-U01 CCMIN040594-U02 iCity Council Minutes 20 April 5, 1994 authority with the City of Indio to approve the concept, to forrn a plan so that it is workable between both cities. Once the concept is approved, the City can decide at a future date not to go through with the project if it is not what the City anticipated. He asked that the City support the developer, as he is supporting their industry. Don Maulty, General Sales Manager at Fiesta Ford, encouraged the Council to support the auto mall project and stated that everyone at their dealership is excited about the possibilities. CLOSED SESSION 1. Conference with Legal Counsel concerning settlement agreement with Marshal Itown, Iowa in lieu of filing litigation pursuant to Government Code Section 94956.9. 2. Public Employee Discipline/Release pursuant to Governrnent Code Section 54957. Council reconvened with no action being taken. 7:00 P.M. 1. CONSIDERATION OF COMMUNITY SERVICE GRANT FUNDING PROCESS. Ms. LiCalsi, Assistant to the City Manager, advised that several months ago, Council directed staff to research options for handling the variety of funding requests that are received throughout the year from cornmunity groups. Staff is looking for Council direction as to the level of funding to be included in the 1994/95 budget for grants/funding requests. Council Member Sniff felt that the solution proposed in the staff report is somewhat complicated and would continue to cause some confusion. He wished to see the formal grant process ended as the criteria, amounts, etc. has always been a problem. Then he wished to see a larger legislative contingency fund and give the Council complete discretion as issues come up. He felt that it's important to support charitable causes that the Council feels is worthy. He noted that the Council has always had the final decision on the grants anyway. Council Member Bangerter vehemently opposed to discontinuing this program. She felt that it's a wonderful program and belongs where its been. People are aware of this program and as our population increases, the amount for the program should be increased not decreased. BIB] 01-13-96-U01 03:14:46PM-U01 CCMIN040594-U02 iCity Council Minutes 21 April 5, 1994 Council Member Sniff commented that under his suggestion, the program would not be discontinued, we would only be changing the way in which it operates. The Council would still have the discretion of dealing with issues as they come before the Council. He pointed out that this program has always been operated through the Community Services Commission and that Commission is being disbanded, so it must be changed. Council Member Bangerter didn't believe that the Council should manage everything that's going on. The Council should continue to have a contingency account to be used at the Council's discretion, but she felt that to take away the grants is a mistake as these funds are very important to these groups. She felt that the program has been managed wonderfully up to this point. Mayor Pena felt that the Council has put themselves in a position where people have come to rely on these grants as a major source of funding throughout the year. He had always tried to encourage these organization which have applied to not depend on these funds as their sole source of funding or a major source of their funding. He has previously proposed that if an organization receives a grant one year, they would not be eligible the next. He commented that the Historical Society has received funding for several years and at one time they were supposed to publish a book on La Quinta, which has never been done, so they've banked the money, which has precluded other organizations from applying for some of these funds. Regarding the dual-cycle funding, he preferred to see it done once a year. Council Member Sniff concurred on once a year funding as opposed to the dual-cycle. He felt that it's very important for the Council to have discretionary funds available for those requests that cannot be foreseen by the organization or individual. Since the CSC is being disbanded, he's proposing that the Council assume that role in processing the grant requests. He suggested perhaps an interim solution for this year. He suggested an enhanced, enlarged legislative contingency fund possibly $30,000. Council Member Perkins felt that the amount of funding should be increased from prior years and not decreased these funds are imperative to the local organizations. He suggested that we not advertise in the Desert Sun as in the past, but rather keep the advertising local using the Chamber newsletter. He had no problem with the dual-cycle funding. He supported having applications come directly to the City Council and have the City Council make the decisions without a sub-committee or a Commission doing a prior screening of the applications. He supported a $50,000 fund for this program if it's possible. Mayor Pena noted that some of the organizations come in year after year and many of them get help from the City in other ways in addition to the grants. His intent is to get these organizations to start looking for other funds. BIB] 01-13-96-U01 03:14:46PM-U01 CCMIN040594-U02 iCity Council Minutes 22 April 5, 1994 Council Member Perkins suggested limiting funds to two consecutive years and be given to local orgarnzations, or to organizations that directly serve the people of La Quinta. He also wished to see an application be required of all people requesting funding. Mr. Bohlen, Parks and Recreation Director, advised that there were 13 applications last year. The criteria used last year included a stipulation that the organization be local or be able to prove that they serve La Quinta residents. He believed that the pre-screening has been very effective in assuring that there is accountability. Council Member Mccartney favored the idea of a discretionary fund to be specifically targeted toward community groups and that they come before the Council directly. However, he believed that the purpose of the funds needs to be developed as an example, we're trying to develop and sustain community services that benefit our citizens. He believed that we need to continue the program with increased funding with the caveat of accountability. If the funding is for an event, then there needs to be a budget presented. He favored one-time funding with some accountability from the organization mid-year. He believed it's important to manage discretionary funds carefully. Mayor Pena suggested a voucher system rather than a cash system. Mr. Bohlen responded to Council Member Perkins that an accountability report has been submitted by the Historical Society. Council briefly discussed the matter of 501(C)(3) status and concluded that non- profit/charitable status will not required, as many times its individuals requesting funding to represent the City and/or school and they wouldn't have such a filing status. Council also concurred on a legislative contingency budget of $40,000. Council Member Bangerter reiterated that she preferred the program in its previous format and process. BUSINESS SESSION..........continued 1. ADOPTION OF A RESOLUTION APPROVING A SETTLEMENT AGREEMENT WITH MARSHALLTOWN, IOWA. Ms. Honeywell, City Attorney, advised that the Council has been presented with a settlement agreement with Marshalitown, Iowa, which she recomrnended approval of. BIB] 01-13-96-U01 03:14:46PM-U01 CCMIN040594-U02 i City Council Minutes 23 April 5, 1994 RESOLUTION NO.94-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, APPROVING A SETTLEMENT AGREEMENT AND MUTUAL RELEASE BY AND BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA REDEVELOPMENT AGENCY ON THE ONE HAND, AND THE CITY OF MARSHALLTOWN ON THE OTHER HAND CONCERNING FUNDS IN DISPUTE RELATIVE TO DENMAN AND COMPANY, INSTITUTIONAL TREASURY MANAGEMENT, INC., AND REFCO ENTITIES. It was moved by Council Members SnifflMcCartney hat Resolution No. 94-30 be adopted. Motion carried unanimously. DEPARTMENT REPORTS Mr. Hunt, City Manager, advised that the last day Jim Woods, Interim Finance Director will be with the City is Thursday and he wished to thank him for his service to the community. Mr. Herman, Planning and Development Director, advised that staff is continuing to monitor sludge dumping in the Valley and asked for Council's direction in incorporating some regulations regarding sludge dumping in the City's new Zoning Ordinance. Council concurred in the affirmative and also asked that a letter be sent to the regulating agencies asking that it be cleaned up and prohibited. Also, a letter is to be sent to Ms. Kathleen Kopp who addressed the Council at the last meeting on this subject. MAYOR AND COUNCIL MEMBERS' ITEMS Council Member McCartney referred to AB13 relative to the smoking control issue advising that he finds this bill reprehensible because it preempts local authority. He asked that the City take a position of opposition to this bill on the basis that we are opposed to any legislative which preempts local authority. He also believed that the City needs to re-visit its smoking regulations in light of new information which has surfaced. Mayor Pena noted in Orange, a school district has enacted regulations prohibiting smoking within any school facility including teachers lounges. BIB] 01-13-96-U01 03:14:46PM-U01 CCMIN040594-U02 i City Council Minutes 24 April 5, 1994 Council Member Perkins a. Referred to correspondence recently received regarding gray water use and believed that the City needs to give some consideration to this issue. b. Felt the City needs to oppose the Mobile Home Fairness and Rental Assistance Act on the next California ballot as it takes legislation out of local control. c. City of Modesto is asking for support for an Assembly Bill regarding graffiti vandalism he favored support. d. Letter from Children's Discovery Museum and Community Concerts requesting funding. Felt that the City needs to consider development of the amphitheater on the Civic Center property. Since the rough grading hasn't been completed, he believed that a rough' amphitheater could be completed and install a shell. Council concurred if the cost factor is within reason. f. Wished to be considered for appointment to the Coachella Valley Mosquito Abatement District Board when the opportunity arises. PUBLIC HEARINGS None There being no further business, the meeting was adjourned upon motion by Council Member Bangerter, seconded by Council Member McCartney and carried unanimously.. fiSAUNDRA L J?A, City Clerk City of La Quinta, California BIB] 01-13-96-U01 03:14:46PM-U01 CCMIN040594-U02