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1994 05 17 CC Minutes LA QUINTA CITY COUNCIL M[NUTES MAY 17, 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 Mr. Genovese, City Manager, asked that correspondence from the City of Palm Springs and a request to hold a circus at the La Quinta Sports Complex on June 9, 1994 be added to the Council agenda and that correspondence from Koenig Companies regarding transfer of interests in their shopping center be added to the Redevelopment Agency agenda. MOTION It was moved by Council Members Sniff/McCartney that the above items noted by the City Manager be added to the agenda Business Session No.13 be the circus item; Business Session No.14 be communication from the Mayor of Palm Springs, and RDA Business Session No.3 be the request from Koenig Companies, noting that the need to take action arose after the agenda was prepared and required action before the next meeting. Motion carried unanimously. APPROVAL OF MINUThS MOTION It was moved by Council Members Sniff/Bangerter that the Minutes of April 26. 1994 be approved as submitted. Motion carried unanimously. ANNOUNCEMENTS None PRESENTATIONS None PUBLIC COMMENT Danny Johnson submitted a letter from the La Quinta Sports & Youth requesting approval to plant a tree at the Sports Complex in memory of a child on the league. He noted that the tree and plaque have been donated and the dedication will be in conjunction with the closing night ceremonies on June 7th from 6 p.m. to 9 p.m. BIB] 01-13-96-U01 03:22:17PM-U01 CCMIN051794-U02 City Council Minutes 2 May 17, 1994 MOTION It was moved by Council Members BangerterlMcCartney that the request of La Quinta Sports & Youth be added to the agenda as Business Session No.15, noting that the need to take action arose after the agenda was prepared and required action before the next meeting. Motion carried unanimously. WRITThN COMMUNICATIONS None BUSINESS SESSION CONSmERATION OF JOINT POWERS AGREEMENT AMONG THE CITIES OF COACHELLA, INDIAN WELLS, INDIO, LA QUINTA AND PALM DESERT AND RIVERSIDE COUNTY CREATING A REGIONAL AIRPORT AUTHORITY FOR THERMAL AIRPORT. Mrs. LiCalsi, Assistant to the City Manager, advised that this matter was continued from the May 3rd meeting, and Council has received the staff report outlining the changes made in the updated draft of the Joint Powers Agreement to create a Regional Airport Authority for Thermal Airport. She added that the City Attorney has reviewed it and remains concerned about liability, however, Alternative No.2 in the staff report would alleviate most of those concerns. Brad Hudson, Executive Director of the Economic Development Agency, stated that their Counsel views this as an advisory body, similar to the City's Commissions where the final decision-making authority ultimately rests with the City Council. In this situation, the Board of Superyisors would make the final decisions, and the liability for those decisions would rest with the County. Additionally, all funding for the Authority would come from the County as well. He stated that he, personally, had no problem adding some type of indemnification to protect the City. His concern was that the agreement has been adopted by three cities and the amended agreement would have to go before them once again for approval. Ms. Honeywell, City Attorney, commented that the request is not to make a change in the agreement, rather to add either the entire Joint Powers Authority as an additional insured to the County's insurance for the airport or alternatively, add the City of La Quinta. She stated that the Council is aware that this body does not make the final decisions, but it is a separate legal entity, unlike other County commissions. Therefore, in this litigious day, someone may wish to list every city and legal entity involved in the decision-making process. BIB] 01-13-96-U01 03:22:17PM-U01 CCMIN051794-U02 City Council Minutes 3 May 17, 1994 Mr. Hudson suggested approving the agreement contingent upon the County providing evidence from its Risk Manager that the Authority and actions it takes would be covered under their policy. Mayor Pena stated that this is what is recommended under Alternative No.2 in the staff report. Council Member Sniff was supportive, but wished to make sure that La Quinta is as secure as possible. MOTION It was moved by Council Members Sniff/Mccartney to approve the Joint Powers Agreement for the Thermal Airport) contingent on the City of La Quinta being named as an additional insured on the County's Airport Liability Insurance Policy. Motion carried unanimously. MINUTE ORDER NO.94-107. 2. CONSWERATION OF ADOPTION OF RESOLUTION SUPPORTING RIVERSIDE COUNTY IN THEIR APPLICATION FOR A FEDERAL ENTERPRISE COMMUNITY DESIGNATION FOR THE SOUTHERN AND EASTERN COACHELLA VALLEY. Mrs. LiCalsi, Assistant to the City Manager, stated that the County Board of Supervisors is requesting that the City support their application for a Federal Enterprise Community EC) designation for eastern Coachella Valley which will include a portion of the City of La Quinta. Lori Moss, Economic Development Administration, stated that the County Board of Supervisors voted to support the proposed application that will include census tracts into a qualifying area. The qualifying measure is that the poverty rate of an area must be 35% or greater, which qualifies the Thermal/Mecca area. Because the poverty rate is high enough in this area, they were able to add another census tract adjacent to it which includes a portion of La Quinta. She presented a map of the proposed rural-enterprise community and commented that they are asking for the Council's support as a joint applicant in this process because they cannot split census tracts. The benefits include a $3 million grant to be used for community service projects, such as gangs, literacy, job creation, police services, etc. She distributed a survey to the Council and the audience and asked that it be filled Out on a top priority need for this service area. In response to Mayor Pena, Ms. Moss advised that the funds would be restricted to the service area. BIB] 01-13-96-U01 03:22:17PM-U01 CCMIN051794-U02 City Council Minutes 4 May 17, 1994 In response to Council Member McCartney, Ms. Honeywell, City Attorney, did not believe that he needed to abstain from voting on this issue as he will probably not be affected any differently than the public in general. Council Member Bangerter asked if the programs would only benefit those children in the service area. Ms. Moss stated that they have been asking for community service providers with clientele in this area to propose programs and request grant monies that could be put into their budget to service that area. However, she noted that service providers will most likely be outside the area. In response to Council Member Sniff, Ms. Honeywell, City Attorney, advised that she had reviewed this application and had no problems with it In response to Council Member McCartney, Ms. Moss advised that the funds should be available sometime this year. Council Member McCartney believed that if this application is approved, a comrnittee should be formed to represent La Quinta. Mayor Pena stated that if this area falls within the district limits of Coachella Valley High School, the City could assist with their programs and law enforcement programs. He believed that earthquake supplies could be purchased with these funds. Mr. Genovese, City Manager, asked if this program could be utilized for services that are currently offered to this area. Ms. Moss advised that their preference is to focus on existing programs with track records and that are possibly being threatened by cuts. Council Member Sniff was uncertain as to what is the actual targeting mechanism who will be making that decision, and how will it happen. Ms. Moss stated that they expect to receive applications requesting funding from the service programs. An advisory board would be made up of individuals such as a principal from the school district) in this area and who are familiar with their needs. Ms. Moss stated that once the application has been submitted, they will return and report on the findings from all of the surveys. Council concurred. BIB] 01-13-96-U01 03:22:17PM-U01 CCMIN051794-U02 City Council Minutes 5 May 17, 1994 RESOLUTION NO.94-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, SUPPORTING RIVERSIDE COUNTY IN THEIR APPLICATION FOR A FEDERAL ENTERPRISE COMMUNITY DESIGNATION FOR THE SOUTHERN AND EASTERN COACHELLA VALLEY. It was moved by Council Members Bangerter?McCartney that Resolution No.94-40 be adopted as submitted. Motion carried unanimously. 3. CONSIDERATION OF A REQUEST FOR PROPOSALS TO PREPARE THE PRELIMINARY ASSESSMENT FORMATION REPORT FOR THE HIGHWAY 111 COMMERCIAL CORRIDOR. Mr. Cosper. Public Works Director, advised that the Council directed staff on March 15th to prepare a Request for Proposals for the preparation of a Preliminary Assessment Forrnation Report for the Highway 111 Commercial Corridor. This report is a feasibility study to generate additional information to provide property owners a basis for making a decision to move forward with the formation of the assessment district. The draft RFP was distributed to the property owners and staff met with them on April 27th and prepared the proposed final draft of the RFP. He further added that they have developed a consultant-selection process consisting of two staff members and one property owner. The proposals would be due by June 10, 1994, the final Professional Services Agreement would be considered by the Council at the July 5th meeting, and the report completed by September 6th. Council Member Sniff felt two Council Members should be included in the selection process. Council Members Sniff/Bangerter volunteered to serve on the selection committee. In response to Council Member Bangerter, Mr. Cosper advised that the consultants have indicated that 45 to 60 days is sufficient time to prepare the report. MOTION It was moved by Council Members Sniff/Bangerter to approve the Request for Proposals for preparation of the Preliminary Assessment Formation Report Highway 111 Commercial Corridor. Motion carried unanimously. MINUTE ORDER NO. 9? 103. BIB] 01-13-96-U01 03:22:17PM-U01 CCMIN051794-U02 City Council Minutes 6 May 17, 1994 MOTION It was moved by Council Members Sniff/Bangerter to approve the consultant-selection process as follows: that staff be represented on the selection committee as well as Council Members Sniff/Bangerter and one property owner. Motion carried unanimously. MINUTE ORDER NO.94-109. MOTION It was moved by Council Members Sniff/Bangerter to authorize the City Manager to negotiate a contract with the consulting firm selected by the Consultant Selection Committee. Motion carried unanimously. MINUTE ORDER NO.94-110. 4. CONSIDERATION AND REVIEW OF PROPOSED CONCEPT TO WIDEN WASHINGTON STREET FROM THE WHITEWATER CHANNEL SOUTH TO SIMON DRIVE. Mr. Cosper, Public Works Director, explained that the Washington Street Specific Plan was prepared in 1986 depicting three through-lanes, two left-turn lanes, and ope right- turn lane at each leg of the intersection at Washington and Highway 111. He stated that the plan did not address the left-turn lane off of Washington for northbound traffic into the La Quinta Plaza. Additional right-of-way was needed, however, it was to be dedicated at the time Simon Development was to proceed. However, due to the economy, there has been a delay in the progress of the project and subsequently, the acquisition of the right-of-way. As the project currently stands, right-of-way would have to be purchased with public funds because the property owners on the east side are not prepared to dedicate right-of- way at this time. If the project is redesigned into two phases, widening could proceed at this time without any additional right-of-way acquisitions. The second phase would be constructed at a later date when the Simon Development is ready to dedicate the property. Mr. Cosper displayed a map and expounded on the concept of the proposed Phase I improvement. In response to Council Member Sniff, Mr. Cosper advised that there would be only minor adjustments necessary to go from Phase I to Phase II of this project. Council Member Perkins asked if this plan will provide for a right-turn lane into the Von's shopping center deceleration lane) and Mr. Cosper advised not nor does it provide for an acceleration lane leaving the shopping center going south). Council Member Sniff approved of the proposal and felt that it is important to follow through because something must be done to make access into the shopping center safer BIB] 01-13-96-U01 03:22:17PM-U01 CCMIN051794-U02 City Council Minutes 7 May 17, 1994 with a defined means of entering and exiting. He believed that there is a need for two left-turn lanes because of the volume of traffic turning left onto Highway 111 off of Washington each morning. He expressed concern about the bus stop because it could be a major impediment to the proposed plans. Mr. Cosper advised that there are plans to move the bus stop to Simon Drive when the final improvements are completed. In response to Council Member McCartney regarding the stacking capacity, Mr. Cosper advised that there is provision for 50 vehicles. He noted that the design proposed is for the ultimate traffic consideration. Council Member Bangerter expressed concern about traffic traveling either westbound or eastbound on Highway 111 making right-turns onto Washington on a red light as she has seen a number of near-accidents as a result. The drivers seem to believe that they make it and she felt this was a very serious problem that needs to be addressed. Mr. Cosper stated that widening Highway 111 will create a right-turn lane and motorists should not feel as apprehensive in making a right-turn. He commented that staff will look into putting up additional signage to alert the motorists as they approach the intersection. Mr. Cosper advised that Phase II indicates that when traffic warrants and the dedication of land becomes available to the City, it provides for three lanes in both directions on all legs of the intersection and shifts the turn lanes for the northbound traffic on Washington to the east to accomodate another lane and overall provides for a larger capacity intersection. In order to follow through with it, it will require additional dedication of lands from Simon. In response to Mayor Pena, Mr. Cosper believed that the traffic counts according to the Washington Specific Plan) was 39,000 average daily traffic, noting that the last survey was completed in 1986. Council Member Perkins stated that CVAG should have a recent survey. In response to Council Member Perkins, Mr. Cosper advised that in order to install a bus turnout on the west side of Washington, it will require obtaining additional property. Council Member Perkins stated that the southbound bus stop is heavily used. but to keep it at this location would tie up traffic. Mr. Cosper explained the bus route intended for this area. BIB] 01-13-96-U01 03:22:17PM-U01 CCMIN051794-U02 City Council Minutes 8 May 17, 1994 In response to Council Member Sniff, Mr. Cosper stated that they would look into moving the bus location further down for southbound traffic. Council Member Sniff felt that much thought should be given to the location of the bus stops in order to make it safe and accessible. Council Member Perkins felt that it's critical to maintain a left-turn pocket into the shopping center. Council concurred. Mr. Cosper stated that the second consideration is whether or not to provide a separate left turn pocket for traffic into Plaza La Quinta which would avoid a settlement closure with the business owners in the shopping center. It would require an amendment to the Washington Street Specific Plan and additional right-of-way from the east side of Washington Street, which could be handled at a later date when development occurs. Mr. Cosper further stated that the third consideration involves an issue with Caltrans regarding their requirement that a signal bridge be constructed from the northwest corner to the southeast corner because of the span across the intersection. He stated that staff has proposed the design using pedestrian islands with signals located on these islands, and comply with Caltrans standards for signal installations. Caltrans has advised that they have not used this concept, however, it has been used by Palm Desert. He stated that at this point, they have been unsuccessful working with Caltrans' staff and believe that it may be necessary to consult with the District Director. Council Member Sniff suggested a pedestrian bridge because as the area develops, pedestrian traffic will increase. Mr. Cosper concluded that the final consideration is to combine the Washington Street widening project south of Highway 111 with the proposed Highway 111 widening currently under design. He noted that this would save time and money and would help the progress of this project. MOTION It was moved by Council Members SnifflPerkins to direct staff to prepare plans and specifications that accomrnodate simultaneous construction of Washington Street-Phase I improvements and the Highway 111 widening irnprovements under a single contract. Motion carried unanimously. MINUTE ORDER NO.94-ill. MOTION It was moved by Council Members Sniff/Mccartney to negotiate a design contract with Hall and Foreman, Inc. for Council consideration at the next Council meeting. Motion carried unanimously. MINUTh ORDER NO. 9?1i2. BIB] 01-13-96-U01 03:22:17PM-U01 CCMIN051794-U02 City Council Minutes 9 May 17, 1994 MOTION It was moved by Council Members Sniff/Bangerter to appoint Mayor Pena and Council Member Perkins to meet with Caltrans regarding the proposed improvements. Motion carried unanimously. MINUTE ORDER NO.94-113. MOTION It was moved by Council Members SnifflMcCartney to direct staff to prepare a specific plan amendment to the Washington Street Specific Plan that addresses left-turn access into Plaza La Quinta. Motion carried unanimously. MINUTE ORDER NO.94-114. 5. CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT WITH T.I. MALONEY TO PREPARE PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE FOR THE FRITZ BURNS PARK. Mayor Pena abstained due to a conflict of interest and left the dais. Mr. Cosper, Public Works Director, advised that staff has negotiated an incentive contract with T.I. Maloney to prepare plans for the specifications and engineer's estimates for the Fritz Burns Park Phase I project. The park design is to be improved as shown in the Master Plan for the park. T.I. Maloney would take a value engineering approach in which all parts of the project would be reviewed and a final recommendation will be made that would be most economical to the City. He stated that under the incentive contract approach, a bench mark value for a project cost was estabrished at $2.9 million. The consultant will be reimbursed 22 cents for each dollar he brings the project in at under the bench-mark value. If the Professional Services Agreement is approved, the notice to proceed will be issued May 18th, the plan specs and engineer's estimate will be complete by August 1st, and a contract will be awarded on September 6, 1994. Construction is anticipated to be completed by January 1, 1995. In response to Council Member Sniff, Ms. Honeywell, City Attorney, stated that she has reviewed the contract. MOTION It was moved by Council Members SnifflMcCartney to approve and authorize the City Manager to execute a Professional Services Agreement with T.I. Maloney, Inc. related to Fritz Burns Park Phase I construction documents. Motion carried unanimously with Mayor Pena absent. MINUTE ORDER NO.94-115. 6. CONSIDERATION OF AMENDMENT TO MUNICIPAL CODE CREATING A PARKS AND RECREATION COMMISSION. MOTION It was moved by Council Members Sniff/Bangerter that Ordinance No.245 be taken up by title and number only and waive further reading. Motion carried unanimously. BIB] 01-13-96-U01 03:22:17PM-U01 CCMIN051794-U02 City Council Minutes 10 May 17, 1994 ORDINANCE NO.245 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ESTABLISHING A PARKS AND RECREATION COMMISSION. It was moved by Council Members Sniff/McCartney that Ordinance No. 245 be introduced on first reading. Motion carried by the following vote: AYES: Council Members Bangerter, Mccartney, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None 7. CONSIDERATION OF AMENDMENT TO MUNICIPAL CODE CREATING A CULTURAL AFFAIRS COMMISSION. In response to Mayor Pena, Mr. Bohien, Parks and Recreation Director, advised that a member from the Art in Public Places Committee may serve on this Commission under Section 2.75.030(d) of this ordinance. MOTION It was moved by Council Members Sniff/McCartney that Ordinance No.246 be taken up by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO.246 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ESTABLISHING A CULTURAL AFFAIRS COMMISSION. It was moved by Council Members SnifflMcCartney that Ordinance No. 246 be introduced on first reading. Motion carried by the following vote: AYES: Council Members Bangerter, McCartney, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None BIB] 01-13-96-U01 03:22:17PM-U01 CCMIN051794-U02 City Council Minutes 11 May 17, 1994 8. CONSIDERATION OF AMENDMENT TO CHAPTER 2.65 OF THE MUNICIPAL CODE ART IN PUBLIC PLACES) REGARDING COMMITTEE COMPOSITION MEMBERSHIP. Mr. Herman, Planning Director, advised that currently, one member of the Community Services Commission CSC) Fine Arts Subcommittee is a member of the Art in Public Places Committee. With the elimination of the CSC, the proposed code amendment would amend the composition of the Art in Public Places Committee to include a member of the Cultural Affairs Commission. He presented options outlined in the staff report for Council's consideration. Council Member Perkins suggested that the Art in Public Places SCat remain vacant until the new commission has been established. Council Member Sniff had no problem with amending the code at this time and adding another at-large member increasing the membership to eight. Mr. Herman recommended keeping the commission at an odd number and suggested the possibility of eliminating representation from the Cultural Affairs Commission and establish four at-large members which would avoid a tie vote. Nancy Nard, 78-636 Bottlebrush Drive, stated that when she served on the CSC, it was their understanding that the Art in Public Places Committee would have representation on the Cultural Affairs Commission. She recommended that the Council appoint the vacancy created by the CSC representative to the Art in Public Places Committee as an at-large position. Mayor Pena believed that this would give a triangular approach making everyone aware of what is taking place. In response to Council Member Sniff, Ms. Honeywell, City Attorney, advised that Section 2.65.040.A, reading one member of the Cultural Affairs Commission nominated by the Cultural Affairs Commission" would need to be deleted and change... and three at-large members" to and four at-large members." MOTION It was moved by Council Members Sniff/Bangerter that Ordinance No.247 be taken up by title and number only as amended and waive further reading. Motion carried unanimously. BIB] 01-13-96-U01 03:22:17PM-U01 CCMIN051794-U02 City Council Minutes 12 May 17, 1994 ORDINANCE NO.247 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 2.65 OF THE LA QUINTA MUNICIPAL CODE ART IN PUBLIC PLACES.' It was moved by Council Members Sniff/Bangerter that Ordinance No 247 be introduced on first reading as amended. Motion carried by the following vote: AYES: Council Members Bangerter, McCartney, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTMN: None 9. CONSmERATION OF EXPANSION AND ENHANCEMENT OF KIDSLINE PROGRAM. Mr. Bohien, Parks and Recreation Director, advised that staff is recommending expansion of the Kidsline program to the Cities of Palm Desert and Indio, as well as to conduct grant writing and set an abbreviated summer schedule. Mr. Bohlen stated that both Cities have been advised that the key issues to expansion are the need for volunteers to cover the increased need for service and the need for funding. He advised that half of the support for the Kidsline budget is provided by the City of La Quinta and the other half is provided by grant sources. A program guarantor level of support of $5,750 would be requested from these cities. He noted that this expansion would reach approximately 2,000 children in both of these cities. They intend on targeting the elementary schools first. Mr. Bohlen also acknowledged those organizations who have donated funds for this program for FY 1993/94. He stated that grant proposals can be sent to approximately 80 foundations for additional funding for expanding this program. Mr Bohlen further added that staff wishes to abbreviate the summer schedule to Monday, Wednesday and Friday from 2 p.rn. to 6 p.m. because they have noted a decrease in calls during the holidays. Mayor Pena recommended that this program be closely monitored, so the schedule can be modified if calls decrease. He suggested with today's technology, the calls could be forwarded to the volunteers' homes. BIB] 01-13-96-U01 03:22:17PM-U01 CCMIN051794-U02 City Council Minutes 13 May 17, 1994 In response to Council Member Sniff, Mr. Bohien stated that expansion of this program would be serviced from the same facility. Council Member Sniff felt that the proposed summer schedule would not be functional and could be damaging due to lack of continuity. He believed that more thought needs to be given to its operation. Council Member Bangerter stated that the reason for selecting these particular days during the summer is because they seem to be the busiest days. She saw no problem in leaving the program as is and monitoring it during the summer, at which time a decision could be made. Council Member McCartney agreed that a consistent, 5-day a week operation is preferable and asked if a lot of the calls come in from 5 p.m. to 6 p.m. Mr. Bohlen advised that the bulk of the calls are between the hours of 3 p.m. and 5 p.m. Council Member Perkins stated that he was pleased that two of our sister cities wish to join this program. He commended Council Member Bangerter and the committee for their efforts and expanding the program. He felt that the summer schedule should be left up to the recommendations of the committee and if they find it isn't practicable, then return to the Council at that time. Council Member Sniff had no problem with monitoring the program through the month of June and then at the beginning of July report back to Council for further consideration. Council Member Perkins expressed concern about notifying the students of any modifications after school is out. Mayor Pena suggested leaving a message on voice mail and notifying the children of any changes when they call. MOTION It was moved by Council Members Bangerter?Sniff to authorize staff to expand the Kidsline program to the Cities of Indio and PaIrn Desert contingent upon developing adequate volunteer support and monetary assistance from participating cities. Motion carried unanimously. MINUTER ORDER NO.94-116. MOTION It was moved by Council Members Bangerter/Sniff to authorize staff to submit grant proposals to private foundations on behalf of the City of La Quinta and the Kidsline program. Motion carried unanimously. MINUTE ORDER NO.94-117. BIB] 01-13-96-U01 03:22:17PM-U01 CCMIN051794-U02 City Council Minutes 14 May 17, 1994 MOTION It was moved by Council Members Bangerter/Sniff to authorize staff to continue the summer Kidsline program on Monday through Friday from 2 p.m. to 6 p.m. through the month of June and then brought back to Council for further consideration at the first meeting in July. Motion carried unanimously. MINUTE ORDER NO.94-118. 10. CONSIDERATION OF APPLICATION TO CALIFORNIA IIEALTHY CITIES PROJECT FOR EXPANSION OF KIDSLINE PROGRAM. Mr. Bohien, Parks and Recreation Director, advised that staff presented a report and resolution of intent to participate in the California Healthy Cities Project CHCP) to Council on April 19, 1994. This is a requirement as part of the application process. The resolution was submitted to the California Healthy Cities with a letter of intent to submit a complete application. With the Kidsline Program already being in place and having met several of the elements required by the CHCP as part of the application process, staff determined that the Kidsline Program would be best designated as a sole program for CHCP consideration. Staff is requesting $5,000 in grant funds to assist in expansion of this program to other cities. In response to Mayor Pena, Mr. Bohlen advised that a Safe House Program applies to licensed childcare providers where signs are placed on the homes and designates them as a Safe Home." If a child is being pursued, lost, scared, etc., the child can safely approach a home with this emblem. Mayor Pena noted that there is currently proposed, legislation to allow cities to identify and locate child molesters within the communities. MOTION It was moved by Council Members Bangerter/Sniff to authorize the City Manager or his designee to sign all documents related to the application to the California Healthy Cities Project and direct staff to submit the application to the California Healthy Cities Project for the enhancement and expansion of the Kidsline Program. Motion carried unanirnously. MINUTE ORDER NO.94-119. 11. CONSIDERATION OF SELECTION OF TWO COUNCIL MEMBERS TO SERVE AS A SUBCOMMITTEE TO NEGOTIATE TIlE CHAMBER OF COMMERCE CONTRACT FOR FY 1994?95. Mrs. LiCalsi, Assistant to the City Manager, advised that the current contract with the Chamber of Commerce expires on June 30, 1994, and they are requesting that negotiations commence for the next fiscal year. She noted that in the past, Council has appointed two members to serve as a negotiating subcommittee BIB] 01-13-96-U01 03:22:17PM-U01 CCMIN051794-U02 City Council Minutes 15 May 17,1994 Council Member Sniff believed that there was a change in the format in which the assignments were to be rotated and suggested appointing Council Member Bangerter and himself for this year. Council Member McCartney stated that when there is a menu type' contract with no indication of any major changes, in the future he wished to see staff and Council time minimized during negotiations when it is essentially a similar contract from one year to the next year; unless it is the Council's intention that the contract be renegotiated and either modify or dramatically change it. Council Member Sniff stated that it would be fine except we do not know what the Chamber of Commerce is proposing, therefore, a decision cannot unilaterally be made. He felt that it is important to discuss their proposal because it is a major contract and over the years, modifications have been made. Council Member McCartney felt that another process should be established in the future. He wished to see the Council approach annual contracts sooner in order to give more time and thought to them. As an example, if an outline was received from the Chamber of Commerce three months prior to the contract expiring as to their needs, what they anticipate for the future, programs they wish to expand, etc., then the Council would be in a better position to receive a response from the community and determine whether or not there was a significant change existing in the contract. Mayor Pena stated that the committee could consider this further and report back with a recommendation. He felt that a staff member should also be appointed to serve on the subcommittee. MOTION It was moved by Council Members SnifflMcCartney to appoint Mayor Pro Tem Bangerter and Council Member Sniff to serve as a subcommittee for the Chamber of Commerce contract) and that the City Manager determine an appropriate representative to this negotiating committee. Motion carried unanimously. MINUTE ORDER NO.94-120. Mayor Pena extended best wishes to Dan Featheringill on behalf of the City Council for a speedy recovery. 12. STATEMENT OF MAYOR AND CITY COUNCIL MEMBERS REGARDING PROPERTY INTERESTS. Ms. Honeywell, City Attorney, stated that this is the same as the disclosure the Council made to the Agency on February 15, 1994. It is a requirement that the disclosure of any BIB] 01-13-96-U01 03:22:17PM-U01 CCMIN051794-U02 City Council Minutes 16 May 17, 1994 property interests that the Council owns within a project area be disclosed to the legislative body City, as well as the Agency. She stated that the Council was provided with written disclosure statements and recommended that they be submitted to the City Clerk for recordation. She noted that if there are any changes from the their interests previously disclosed as of record on February 15th, the changes should be made for the record. MOTION It was moved by Council Members Sniff?McCartney to receive and file the City Council's written Disclosure Statements. Motion carried unammously. MINUTE ORDER NO.94-121. 13. THE CONSIDERATION OF REQUEST TO CONDUCT A CIRCUS AT THE CITY OF LA QUINTA SPORTS COMPLEX ON JUNE 9, 1994. Mr. Herman, Planning Director, advised that the La Quinta Sports and Youth Association has requested authorization to use the La Quinta Sports Complex on June 9th to conduct a circus presented by the Allen Brothers Circus. They have agreed to comply with all Federal and State regulations and they are fully insured. The La Quinta Middle School has approved the activity. He noted that under Section 5.72010 of the Municipal Code, the Council can authorize such activity after making certain findings. Staff recommended authorization of the use of the Sports Complex subject to conditions. Council Member Bangerter stated that the time-frame in the lighting ordinance limits lights to 10 p.m. and the request is to remain open until 11 p.m. She asked if action needed to be taken on this in order to assist them. Danny Johnson, President of the La Quinta Sports and Youth Association, 51-505 Avenida Martinez, stated that the facility lights will not be utilized because the circus is self- contained within a tent. The proposed times for the shows are 6 p.m and 8 p.m. In response to Council Member McCartney, Doug Stalker with Allen Brothers Circus, stated that as part of the contract, they are responsible for picking up the garbage afterwards. He further stated that their second show should be over by 9:30 p.m. Mr. Johnson stated that an added benefit of the circus is that he has coordinated with both schools for the children to attend the raising of the big top and visit a petting zoo during the set-up period. Council Member Bangerter asked if there will be sufficient law enforcement during the shows. BIB] 01-13-96-U01 03:22:17PM-U01 CCMIN051794-U02 City Council Minutes 17 May 17, 1994 Mr. Johnson stated that through the association, they have many volunteers that will serve as a private security force. Council Member Sniff asked if the City is covered for liability for such an event. Ms. Honeywell, City Attorney, stated that there is a requirement that the circus have evidence of liability which would add the City as an additional insured. MOTION It was moved by Council Members Sniff/Bangerter to approve the use of the Sports Complex for a circus on June 9, 1994 subject to the recommended conditions. Motion carried unanimously. MINUTE ORDER NO.94-122. 14. LETTER FROM THE CITY OF PALM SPRINGS REGARDING THE AIRPORT COMMISSION APPOINTMENT. Council Member Sniff felt that the City's concerns have not been addressed, and Palm Springs has not given a specific time in which they will review them. He believed that before the Council can make a decision to make an appointment, the Council's concerns need to be dealt with so that we'll know whether or not any modifications are forthcoming. As it stands, he felt it is inappropriate for Palm Springs to proceed, because there is no reason why this commission cannot include a membership from each city. He did not wish to consider this any further until these concerns are addressed. Mayor Pena did not disagree with Council Member Sniff's concerns and supported representation of all cities at some point, however, he felt that it is essential that we get on the commission and make our feelings known. If they choose not to address those concerns, we then could remove ourselves from the commission as a protest. In response to Council Member Sniff, Mr. Genovese, City Manager, stated that a response has not been received from the other cities. Council Member Perkins believed that the Council could withdraw from the commission and/or change our representative at any time. Based on the City of Palm Springs' correspondence, he felt that it's important that someone represent the City in order to make our concerns known. He flirther added that a Council Member should be appointed to the Commission, and if so desired, appoint someone else at a later date. At first, the political impact of a Council Member at the meeting is very important. Council Member Bangerter concurred with Council Member Perkins and wished to participate with the ability to withdraw at any time. She felt that if we remove ourselves completely we would not be able to have any voice whatsoever. BIB] 01-13-96-U01 03:22:17PM-U01 CCMIN051794-U02 City Council Minutes 18 May 17, 1994 Council Member McCartney concurred. MOTION It was moved by Council Members McCartneylBangerter to appoint Mayor Pro Tern Bangerter to serve as La Quinta's representative on the Palm Springs Airport Commission. Motion carried with Council Member Sniff voting NO. MINUTE ORDER NO.94-123. Mr. Genovese advised that the first meeting will be held on June 2, 1994 at 12 p.m. 15. LA QUINTA YOUTH AND SPORTS COMPLEX REQUEST FOR THE PLANTING OF A TREE. MOTION It was moved by Council Members Bangerter/McCartney to approve the planting of an ash tree In memory of Michael Reese at the La Quinta Sports and Youth Complex on June 7, 1994. Motion carried unanimously. MINUTE ORDER NO.94- 124. Mr. Genovese, City Manager, stated that Business Session No. I on the Redevelopment Agency agenda should have been a Council item. He asked that this item be removed from the Redevelopment Agency agenda and added to the City Council agenda as Business Session No. 16. MOTION It was moved by Council Members Sniff/Bangerter to make Business Session No. 1 on the Redevelopment Agency agenda Business Session No. 16 on the City Council agenda, noting that the need to take action arose after the agenda was prepared. Motion carried unanimously. 16. CONSIDERATION OF RESOLUTION DETERMINING THAT ALL PROJECT AREA COMMITTEE PAC) ELECTION PROCEDURES WERE FOLLOWED AND DETERMINING THE VAL?ITY OF ALL PAC ELECTION CHALLENGES. In response to Council Member McCartney, Mr. Herman, Planning Director, advised that there have been no challenges. BIB] 01-13-96-U01 03:22:17PM-U01 CCMIN051794-U02 City Council Minutes 19 May 17, 1994 RESOLUTION NO. 9?1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA FINDING THAT THE PROCEDURES FOR THE FORMATION AND ELECTION OF THE PROJECT AREA COMMITTEE FOR THE LA QUINTA REDEVELOPMENT PROJECT WERE FOLLOWED IN THE ELECTION OF THE PROJECT AREA COMMITTEE AND DETERMINING THE VALIDITY OF ANY CHALLENGES TO THE ELECTION. It was moved by Council Members Sniff/McCartney that Resolution No. 9441 be adopted as submitted. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED MAY 17, 1994. 2. REJECTION OF CLAIM FOR DAMAGES FILED BY ROBIN CONNOR, DATE OF LOSS MARCH 31, 1994. 3. REJECTION OF CLAIM FOR DAMAGES FILED BY EVELYN KELSO, DATE OF LOSS MARCH 25, 1994. 4. APPROVAL OF FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 27835- RANCHO LA QUINTA. 5. APPROVAL OF FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 27840 RANCHO LA QUINTA. 6. APPROVAL OF TITLE CHANGE FROM DEPUTY CITY CLERK II TO DEPUTY CITY CLERK. 7. APPROVAL OF ADMINISTRATIVE SERVICES AGREEMENT WITH RWERSWE COUNTY FOR CSA-152 PROGRAM. 8. ACCEPTANCE OF CALLE TAMPICO IMPROVEMENTS PROJECT NO.92-12. MOTION It was moved by Council Members SnifflMcCartney to approve the Consent Calendar as recommended. Motion carried unanimously. MINUTE ORDER NO.94- 125. BIB] 01-13-96-U01 03:22:17PM-U01 CCMIN051794-U02 City Council Minutes 20 May 17, 1994 STUDY SESSION INTERVIEW OF APPLICANTS AND APPOINTMENTS TO HISTORIC PRESERVATION COMMISSION. Mrs. Juhola, City Clerk, stated that the Historic Preservation Commission is a five- member commission with each member serving three-year, staggered terms. The selection process includes three individuals from a professional classification and two individuals to be lay persons with one from each category serving a short term. She noted that the Council could postpone their decision following the interviews until the evening session or until the next meeting. Ms. Honeywell, City Attorney, stated that the voting procedures were changed because of the amendment to the Brown Act. Council concurred on making their decision that evening. The Council then conducted interviews of the following individuals: Prolessionals Lav Persons Paul Anderson Alice Bell Drew M. Pallette Charlene Block Maria Puente Ned Millis Robert Wright Terry Henderson also applied, but was unable to be present due to a family emergency in the east. Mayor Pena stated that this matter would be continued until the 7:00 p.m. session. Council recessed to Closed Session BIB] 01-13-96-U01 03:22:17PM-U01 CCMIN051794-U02 City Council Minutes 21 May 17, 1994 CLOSED SESSION 1. Discussion of negotiations pursuant to Government Code Section 54956.8 Consideration of lease terms Mike Hogan's proposal for commercial development to be located at new Avenue 52, west of Avenida Bermudas. 2. Conference with Legal Counsel pursuant to Government Code Section 54956.9 re: Pr?erit Bank litigation Case No.71942. 3. Public Employee Discipline/Release pursuant to Government Code Section 54957. 4. Public Employment City Manager's Contract pursuant to Government Code Section 54957. Council reconvened with no action being taken. 7:00 P.M. PUBLIC COMMENT None PRESENTATIONS None PUBLIC HEARINGS 1. ZONING ORDINANCE AMENDMENT 93-035 STANDARDS FOR COMMERCIAL COMMUNICATIONS TOWERS AND RELATED STRUCTURES. Council Member McCartney commented on the thoroughness and comprehensiveness of the staff report, and requested a continuance as he has a number of questions relative to the Non-ionizing Electromagnetic Radiation Standards and Procedures. He explained that in terms of public health there isn't enough knowledge as to the effects of prolonged exposure at or below the levels that is being recommended. He referred to a handout which explains the damaging effects of tisSue continuously exposed to ionizing radiations at low levels. The guidelines in the ordinance are based on the best information available to the City which is inconclusive in terms of whether or not there are harmful effects. He believed that it's necessary to know as a City, from a bench mark standpoint, where we are relative to the standard indicated in the guidelines. Without knowing where we BIB] 01-13-96-U01 03:22:17PM-U01 CCMIN051794-U02 City Council Minutes 22 May 17,1994 are, we cannot determined whether or not these types of sources should be permissable. He wished to believe that there is no health exposure. but the material he has reviewed indicates that there is scientific curiosity to determine what happens to humans when exposed to microwaves. He further stated that until we know what the standard is, he was not comfortable taking action on this ordinance. Mayor Pena supported the continuance based on Council Member Mccartney's concerns, as well as the high tension power line that will be installed in close proximity to the school. Council Member Sniff suggested tabling this matter because there are many non-defined elements involved. Council concurred. Ms. Honeywell, City Attorney, advised that the Council could table this issue, but pointed out that this is an attempt to regulate this type of use. Currently there are no regulations and suggested that the Council may wish to have some type of regulation in place before someone makes such a request. The ordinance could be adopted and then after the studies have been completed. if it is not tight enough it could be amended accordingly. As it stands, the City has no authority to regulate this type of use. In response to Mayor Pena, Ms. Honeywell advised that the Council could adopt a moratorium on this type of use during the study. Mayor Pena stated that he is opposed to moratoriums, but if the Council were to move in that direction, he suggested that it be for a specific time. He suggested continuing Council Member Sniff suggested continuing it to June 21, 1994, and if additional study is needed, it could then be continued at that time. He requested that staff be directed to look into establishing a bench mark and how the process might occur and what the costs associated with it would be. Council Member Perkins felt the ordinance should be introduced and then amended after the study has been completed or place a moratorium on it because without anything in place, an application would have to be acted upon. After further discussion, Council concurred to act on the ordinance and direct staff to report back with guidelines. The PUBLIC HEARING WAS OPEN. There being no one wishing to speak. the PUBLIC HEARING WAS CLOSED. BIB] 01-13-96-U01 03:22:17PM-U01 CCMIN051794-U02 City Council Minutes 23 May 17, 1994 Council Member McCartney felt that the City has been trying to adopt ordinances and regulations are consistently applied throughout the City. He had looked at the proposed ordinance to provide a height limitation which has been removed from the ordinance. He suggested that the height be limited to the current standard applied to buildings, which is 75' from the ground. Ms. Honeywell. City Attorney, asked if there are any FAA requirements on the height and Mr. Herman advised that this is a conditional use permit process. Mrs. Mouriquand-Cherry, Associate Planner, referred to Page 13 of the ordinance and stated that the sections crossed out pertain only to the distance from airports and FAA rules. It does not pertain to any generalized height requirements. In response to Mayor Pena, Mrs. Mouriquand-Cherry stated that there are many different entity combined in this commercial category and each entity has its own requirement for their type of system and equipment. The difficulty in setting a height limit that will be applicable to all entities is that for many of them it will not work. She briefly explained PacTel's situation and why certain height requirements are needed. Council Member McCartney stated that the way the ordinance is written, it becomes the burden of the applicant to define their requirements. Ms. Honeywell stated that the applicant would provide the data, but the Council would make the decision whether it has the least practicable adverse visual effect on the environment. The purpose for this is that the City does not want the burden of having to pay for an independent consultant to do the study. Mr. Herman suggested when the fee ordinance is updated, to require a deposit in addition to the processing fee whereby we could hire our own independent consultant to review the data submitted on a tower issue. Ms. Honeywell further stated that there will be a resistance effect just by adopting the ordinance. She added that the other control we have on height is that the size of the parcel must be the height plus 25 ft., therefore, a commercial parcel would have to be bought in order to accommodate a tower. The Planning Commission felt that there would be an economic benefit of having the additional height which would be outweighed by having to buy a large parcel of land. Council Member McCartney felt that the City needs to look into ways in which the economic benefit is shared where it's applicable. Council Member Perkins stated that companies pay a royalty fee to have oil running through pipelines under a city and asked if we can require tower owners to pay an annual BIB] 01-13-96-U01 03:22:17PM-U01 CCMIN051794-U02 City Council Minutes 24 May 17, 1994 fee. Ms. Honeywell stated that they could research it. The City may be able to have a user type fee structure as with other utility uses. Council Member Perkins suggested that the height limitation be 75 ft. unless the applicant can prove to the satisfaction of the Council that a higher elevation is required. Ms. Honeywell stated that the overall ordinance is designed in that way they must prove to the satisfaction of the Council that whatever height they need is necessary. MOTION It was moved by Council Members Sniff/Bangerter that Ordinance No.248 be taken up by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO.248 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING CHAPTER 9.218 TO THE LA QUINTA MUNICIPAL CODE, T?LED STANDARDS FOR COMMERCIAL COMMUNICATIONS TOWERS AND RELATED STRUCTURES." It was moved by Council Members Sniff/Bangerter that Ordinance No.248 be introduced on first reading. Motion carried by the following vote: AYES: Council Members Bangerter, McCartney, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None DEPARTMENT REPORTS Mrs. Jubola, Administrative Services Director, advised that the Volunteer Firemen's Appreciation Dinner is on June 2, 1994 at 6:00 p.m. at the Cliff House Restaurant. Mrs. Juhola also advised that dedication of the Washington Street Bridge improvements is scheduled for Tuesday, May 31, 1994, at 9:00a.m. and refreshments will be served at that time. BIB] 01-13-96-U01 03:22:17PM-U01 CCMIN051794-U02 City Council Minutes 25 May 17, 1994 Mrs. Juhola distributed a memo to the Council which listed the expiration of terms of all board and commission members and the number of applications that have been requested and received. She suggested that the Council consider scheduling a special meeting for a Monday afternoon on either June 13th or June 20th to interview all the applicants. Council concurred to tentatively schedule a special meeting for June 20, 1994. Mrs. Juhola reminded the Council that the Civic Center will be used as a polling place on June 7th. MAYOR AND COUNCIL MEMBERS' ITEMS Mayor Pena asked that each Council Member notify Mrs. Juhola whether or not they would be attending the Chamber of Commerce's Second Annual Installation Dinner on Friday, May 20, 1994. He also announced that ground breaking will be on Friday at 5:00 p.m. for the Ralph's Center. Mrs. Juhola, Administrative Services Director, advised that Desert Beautiful is giving the City an award for the Civic Center complex at their Civic Awards Dinner on May 30th. Council Member Perkins commented that the contractor for the Phase V project has had graffiti on their trailer for several weeks and asked that it removed. He further commented that now that the streets and curbs have been completed in the Cove area, the Code Enforcement Officers need to begin enforcing ordinances relative to litter, abandoned vehicles, etc. in that area. Council Member Perkins felt that we should be considering obtaining a Grant Coordinator. We need either a company or an individual who is familiar with grants and can follow-up on everything that is available to the City, because we're missing a lot. Mr. Genovese, City Manager, stated that staff will take this issue into account in formulating the budget. BIB] 01-13-96-U01 03:22:17PM-U01 CCMIN051794-U02 City Council Minutes 26 May 17, 1994 STUDY SESSION..........(Continued) 1. INTERVIEW OF APPLICANTS AND APPOINTMENTS TO HISTORIC PRESERVATION COMMISSION. MOTION It was moved by Council Members BangerterlMccartney that Terry Henderson and Ned Millis be appointed to the Historic Preservation Commission as the lay persons with Ned Millis serving the short-term and that Drew Pallette, Maria Puente and Robert Wright be appointed as the professionals with Maria Puente serving the short- term. Motion carried unanimously. MINUTE ORDER NO.94-126. Council Member Sniff commented that there should be staggered terms of one year, two years and three years so that you have appointments come up each year. He felt this gives the Council the appointing power each and every year. Mayor Pena noted that that change should have been made when the ordinance was adopted. There being no further business, the meeting adjourned. Re p ctfully submitted, AUNDRA L?bLA City Clerk City of La Quinta California BIB] 01-13-96-U01 03:22:17PM-U01 CCMIN051794-U02