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1994 11 01 CC Minutes LA QUINTA CITY COUNCIL MINUTES November 1, 1994 Regular meeting of the La Quinta City Council on November 1, 1994 was called to order at the hour of 3:00 p.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 that Consent Calendar Item No 5 be removed from the Consent Calendar and added as Business Item No.8 for discussion. APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/McCartney to approve the City Council Minutes of October 3, 1994 as submitted. Motion carried unanimously. MOTION It was moved by Council Members Sniff/Bangerter to approve the City Council Minutes of October iS, 1994 as submitted. Motion carried unanimously. ANNOUNCEMENTS None PRESENTATIONS Mayor Pena presented Mark Harold, Builder Inspector II, with a plaque expressing the City's appreciation for being chosen Employee of the Month for the month of October. PUBLIC COMMENT Mr. Ed Kibbey, 78-620 Sanita Drive, in reference to the Joint City Council & Planning Commission meeting held on October 3, 1994, said he understood that the Housing Element would be on the Council Agenda on November 1 and wanted to know the Current status. Mr. Herman, Planning Director, advised that a meeting was held between the City Attorney and Redevelopment staff in which necessary revisions were made. The consultant is presently preparing it for submission to the Council. BIB] 01-19-96-U01 03:48:22PM-U01 CCMIN110194-U02 City Council Minutes 2 November 1, 1994 Ms. Diana Cardinali, Principal of Adams-Truman Elementary School, advised that the four winners of the Red Ribbon Week essay contest on Drug Free California" were present. The four winners reading their essays to the Council were: Amy Topalian, second-grade winner; Stephanie Otero, third-grade winner; Camille Boudreau, fourth-grade winner; Omar Carrasco, fifth-grade winner. Mayor Pef?a congratulated the winners and thanked them for sharing their essays with the Council. Council Member Sniff suggested that the Mayor send these children a letter of congratulations or proclamation as they exemplify the best of our youth. Council concurred and Mayor Pena asked the City Clerk to prepare an appropriate letter. WRITTEN CORRESPONDENCE 1. Letter from La Quinta Chamber of Commerce regarding a workshop relative to The Village. Council Member Sniff believed that such a meeting is a good idea and volunteered to represent the Council at the workshop, noting he has some background with the issue. Mayor Pena suggested that maybe other Council Members could attend on a rotation basis. Council Member Sniff felt there is a lack of continuity when attending on a rotation basis. Council Member Bangerter suggested that the Chamber be notified that the Council is interested and needs direction on the number of Council Members needed, as well as how often they expect to meet. Council concurred. BUSINESS SESSION 1. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DECISION REGARDING GARAGE DOORS FOR SINGLE-FAMILY RESIDENCES IN TRACT 23995 ON THE SOUTH SIDE OF MILES AVENUE, WEST OF ADAMS STREET. APPLICANT: INCO HOMES FRED FARR). BIB] 01-19-96-U01 03:48:22PM-U01 CCMIN110194-U02 City Council Minutes 3 November 1, 1994 Mr. Herman, Planning Director, advised that the applicant is appealing the Planning Commission's decision of September 13, 1994 which requires the developer to install metal sectional roll-up garage doors on their 150 single-family homes in Tract 23995, as opposed to their proposed one-piece, metal, overhead garage doors. He referred to a photograph of the proposed one-piece garage door, advising that the door is designed to look like a sectional-garage door. The Planning Commission preferred the sectional roll-up doors because the one-piece door intrudes into the driveway-parking area when opened. He reviewed the applicant's reasons for appealing the Planning Commission's decision as follows:- 1) The appearance of the two types are identical when closed. 2) There is adequate parking in the driveway with one-piece doors. 3) Sectional doors are not required in other cities in this area. 4) The differences in appearance between a sectional roll-up door and a one-piece door when open is minor. In response to Council Member Bangerter, Mr. Herman advised that this condition has been required on one other Tract Century Homes) due to a compatibility issue. Council Member Bangerter asked if the Planning Commission had any other reason for preferring the roll-up door other than the extra room it takes up in the driveway opening. Mr. Herman advised that other reasons were aesthetics and the fact that roll-up doors are now commonly used throughout north La Quinta. Council Member Sniff asked for clarification of Planning Commission's meaning that roll-up doors are supeflor" to one-piece, overhead doors. Mr. Herman advised that he could not interpret the Planning Commission's comments. Council Member McCartney asked what the differences were in the opening space and cost. Mr. Herman advised that roll-up doors roll straight-up and one-piece doors protrude out into the driveway area approximately three feet. He referred the question regarding cost difference to the applicant. Mr. Fred Farr, 250 E. Rincon, Corona, representative of Inco Homes, Inc., advised that the reason they are appealing this condition is because it adds unnecessary cost to each home. The cost difference between the two types of doors is only $150 each, but is approximately $25,000 for 150 homes. He believes the concerns should be the appearance of the doors from the street, durability and use of non-wood material. When BIB] 01-19-96-U01 03:48:22PM-U01 CCMIN110194-U02 City Council Minutes 4 November 1, 1994 the doors are closed they are identical in appearance and both are highly durable metal. The window option is available on both doors and the sectional roll-up door will be optional. Compatibility is not an issue in this tract because it's a new development. Other valley cities contacted have no requirement for sectional roll-up garage doors. The one-piece, garage door-clearance requirement is 36". He disagreed with the Planning Commission's opinion that sectional doors are more attractive, noting there is very little difference in appearance. Another concern of the Planning Commission was adequate parking space due to the intrusion into the driveway by one-piece doors; their homes will have two or three-car garages and should have ample parking space. In response to Council Member McCartney, Mr. Farr advised that the development's typical driveway length will be 23 feet, including the three-foot n.ght?f-way. He further advised that the sectional roll-up garage doors will be offered as an option to the home buyers. In response to Council Member Perkins, Mr. Farr advised that he wasn't aware of actual door costs, but the difference between the two doors is approximately $150. He advised that the overhead garage door is metal, as opposed to wood, and should not experience sagging. Mr. Farr clarified for Council Member McCartney that when parking an 18-foot van on a 20-foot driveway and allowing a 4-foot space to open the one-piece garage door, there will be an additional one-foot of space between the van and the sidewalk. Council Member Mccartney didn't have a problem with the one-piece garage door as long as there is sufficient driveway space, the sidewalk area is unobstructed, and the owner has the option of a roll-up door. Council Member Perkins believes that it will be very difficult for a driver to park within one-foot of the space needed to open the one-piece door. In response to Council Member McCartney, Mr. Farr believed it would be an isolated incident when a vehicle is long enough to cause intrusion into the sidewalk area. In such a case a resident would be advised to opt for the sectional roll-up garage door. He noted that in some cases a sectional roll-up door would not alleviate this problem due to the length of some vehicles, with or without hitches. In response to Council Member Perkins, Mr. Farr advised that all homes will be pre- wired for garage door openers, but the openers will be optional. The difference in cost between the two doors is because the sectional roll-up garage door requires a track system and installation is more expensive. Mr. Ed Kibbey, 78-620 Sanita Drive, Desert Chapter Executive Director for Building Industry Association, supported the applicant's appeal. He advised that developers BIB] 01-19-96-U01 03:48:22PM-U01 CCMIN110194-U02 City Council Minutes 5 November 1, 1994 review the City's building standards when designing their projects and determine what will be required by those standards. A particular' garage door requirement is not a part of the City's current development standards. He suggested that if the City wants to require roll-up doors, it should be made a part of the development standards, thus informing the developers ahead of time. He commented that most residents that have roll?p doors still park away from the garage door opening to allow a walk area. He asked Council to grant the appeal and direct the Planning Commission to proceed with the normal process involved with developing building standards if they wish to require sectional roll-up garage doors. In response to Council Member Perkins, Mr. Herman advised that the applicant's original application requested approval of a one-piece garage door, but the Planning Commission conditioned the project to install sectional roll-up doors. Subsequently, the applicant submitted an application to amend that condition, but the Planning Commission continued to require roll-up doors. In response to Council Member Sniff, Mr. Herman advised that the applicant conforms to the minimum driveway length of 20 feet. He added that the driveway length depends upon the placement of the house on the lot. Council Member Sniff suggested that the property setback allowance may be insufficient for the increased lengths of vehicles. He believed that the applicant has conformed to the City's building requirements and didn't see a big difference in the appearance of the two garage doors. He felt that the City should assist the developers to reduce costs as long as quality products are produced. He didn't see any over-riding reason to deny the applicant's request and believed the appeal should be granted. Mayor Pef?a felt that the Council should direct the Planning Commission to review the issue of one-piece or sectional garage doors as well as driveway lengths. Ms. Honeywell, City Attorney, advised that the City is currently revising the Zoning Ordinance and Development Standards and this issue could be reviewed in that process. MOTION It was moved by Council Members Sniff/McCartney to approve the appeal of the applicant, allowing one-piece, metal, overhead garage doors as an option in this development. Council Member Perkins opposed the one-piece garage door as he felt there is a big difference between the two. However, he didn't see any reason to deny the appeal at this time because the applicant has submitted his application in good faith, based on the City's development standards. He concurred with Mayor Pena that the standards need to be reviewed. BIB] 01-19-96-U01 03:48:22PM-U01 CCMIN110194-U02 City Council Minutes 6 November 1, 1994 After some discussion by Council regarding the appropriate wording of the motion, Council Member McCartney removed his second to the motion. MOTION It was moved by Council Members Mccartney/Bangerter to approve the appeal of Inco Homes to allow one-piece, metal, overhead garage doors and as an option, sectional roll-up garage doors. Motion carried unanimously. MINUTE ORDER NO. 94-240. 2 CONSIDERATION OF REQUEST BY AIRTOUCH CELLULAR TO LOCATE A MONOPOLE AT THE SPORTS COMPLEX. Mr. Bohien, Parks & Recreation Director, advised that, on September 20, 1994, the Council denied AirTouch Cellular's proposal because they failed to address Council's two concerns. AirTouch has resubmitted a proposal addressing Council's previous concerns. Therefore, staff recommends Council authorize AirTouch to submit a Conditional Use Permit CUP) application for installation of a monopole and equipment container at the Sports Complex. Mr. Jonathan Petke, 3151 Airway Avenue, Suite R-1, Costa Mesa, representative of Planning Associates; advised that the requested monopole will help meet the cellular service demands in a portion of la Quinta. The proposed Site was selected by identifying a search ring and the Sports Complex is within that search ring. It's a good location also because of the large number of light standards already present and the proposed monopole will replace an existing light standard. He advised that meetings have been held with staff and the Desert Sands Unified School District personnel to discuss a land-lease solution, as well as address concerns regarding the location of the equipment container on the site. He displayed a photograph of an existing monopole in San Clemente that illustrated the placement of the antennae above the light fixtures on the pole. He asked the Council to endorse the staff's report and allow AirTouch the opportunity to file an application. In response to Council Member McCartney, Mr. Petke confumed that the size of the equipment container is 22 feet by 22 feet by 14'/2 feet high. The existing pole height is approximately 70 feet and the proposed monopole is an additional 20 feet higher, with a total of 21 antennas atop the pole. In response to Council Member McCartney, Mr. Petke advised that the lID antennae- system belongs to AirTouch, previously called PacTel; however, the additional proposed site is needed to meet the needs of the community. BIB] 01-19-96-U01 03:48:22PM-U01 CCMIN110194-U02 City Council Minutes 7 November 1 1994 Council Member Bangerter didn't have a problem with the project, but was concerned with the location because of safety factors. She asked what safety impacts there might be in the event of a major disaster such as an earthquake. Mr. Petke advised that cellular phone communication will be a major concern in the event of a major disaster, noting cellular communication was all that was available in the early hours of other California disasters. The monopoles installed by AirTouch have a 20-foot footing and are designed to withstand earthquakes and continue communication ability. The equipment container building is made of cinder-block having a high, earthquake tolerance. In response to Council Member Bangerter, Mr. Bohlen advised that the light poles in the Sports Complex were constructed in accordance with State requirements for school facilities. Council Member Perkins supported the applicant's request because of the need for improved cellular service in the community, especially in the event of emergencies. In response to Council Member Perkins, Mr. Petke confirmed that the proposed lease- rate to both the City of La Quinta and the school district is $6,000 annually; additionally AirTouch will donate four cellular phones to the City of La Quinta and two to the school district. Council Member Sniff was also concerned with the location, noting safety concerns and the unattractiveness of the block-building on the school property. He recognized the need for increased cellular communication service, especially in case of possible disasters. He believed the proposed lease-agreement needs to be examined to determine if the lease amount is equitable and he also questioned the term of the agreement. He didn't have a problem with authorizing the applicant to submit an application, but noted there are a number of issues to be resolved. Ms. Honeywell, City Attorney, advised that the City would have to enter into a sub-lease with the applicant regarding use of the property. In response to Council Member Sniff, Mr. Petke advised that the school district prefers the applicant receive City approval for a lease and CUP before submitting for their approval. In response to Council Member Sniff, Mr. Bohlen advised that AirTouch has Current leases with the City of Cathedral City and City of Palm Springs and are paying $500/month rent each. There is some question regarding the lease amount with lID and staff is investigating that, as well as requesting copies of the contracts with the two cities. BIB] 01-19-96-U01 03:48:22PM-U01 CCMIN110194-U02 City Council Minutes 8 November 1, 1994 In response to Council Member Perkins, Mr. Petke confirmed that the equipment container building is similar in construction to the snack bar and can be located in an area to be determined by the City. A graffiti-resistent texture and paint will be utilized. In response to Council Member Sniff, Mr. Petke advised that the equipment in the building will need servicing once a month, but all service vehicles will be parked in the parking lot area. Council Member McCartney referred to liability and asked if AirTouch has been sued in relation to any emissions from similar facilities or had any complaints from concerned citizens groups regarding the health of the children near those facilities. Mr. Petke advised that he was unaware of any. The level of emissions from these antennas are less than those from common appliances such as microwaves. These are 500-1000 watt, low-power facilities compared to the 50,000-watt radio antennas in the valley. Ms. Honeywell advised that the City will be requesting full indemnification from AirTouch Cellular. Council Member Mccartney read excerpts from AirTouch's information packet on Page 16-17 of the staff report and expressed concern that these radio frequencies will be passing through many children at the proposed location. He felt it is a new technology with an extreme risk and he was uncomfortable with the proposed location. In response to Council Member Sniff, Mr. Petke advised that AirTouch currently has similar installations at dozens of sites where children are present. He will provide staff a list of those sites as well as other public facilities such as parks. AirTouch has searched for optional sites and located a flood control easement adjacent to the proposed site and a nearby golf course. The proposed site is the most compatible land-use site because of the number of monopoles already in existence. Mayor Pena asked staff to find out which other Desert Sands school Sites have similar installations. Council Member Bangerter didn't have a problem with authorizing the applicant to submit an application, but she had many concerns that will need much convincing before she can approve the site. Mr. Petke said they would like to submit an application and attempt to address Council's concerns with more detailed information. Ms. Honeywell advised that the CUP application is unrelated to Council's authorization to proceed with sub-lease negotiations. The criteria in granting a CUP are not BIB] 01-19-96-U01 03:48:22PM-U01 CCMIN110194-U02 City Council Minutes 9 November 1, 1994 necessarily identical with what the Council will be looking at on a piece of property where the City has a lease-hold. The CUP process is lengthy and suggested continuing the matter until further information is received and Council is more comfortable with proceeding. Council discussed a one-month continuance to allow the applicant time to compile requested information and staff time to review that information. MOTION It was moved by Council Members Perkins/Sniff to continue the request by AirTouch Cellular to December 6, 1994. Motion carried unanimously. MINUTE ORDER NO.94-241. 3. CONSIDERATION OF SPECIAL ADVERTISING DEVICE 9?94-057; A REQUEST FOR TEMPORARY ADVERTISING FOR THE DRYSDALE HALL OF FAME GOLF TOURNAMENT AT RANCHO LA QUINTA. APPLICANT: MS. LU CUNNINGHAM. Mr. Herman, Planning Director, advised that the applicant's request is for permission to irrstall temporary off-site signs to advertise the Drysdale Hall of Fame Golf Tournament being held November 9-11, 1994. In response to Council Member McCartney, Mr. Herman advised that the number of requested signs and locations are similar to those allowed for the Bob Hope Classic and. Skins Game golf tournaments. Council Member McCartney asked what the fee amount is and why staff recommended a fee waiver. Mr. Herman advised that the fee would be $80, but a waiver of fees is allowed in the City Code for non-profit organizations. Mr. Irwin Kennedy, representative for the Drysdale Golf Tournament, advised that the Drysdale Hall of Fame organization is a non-profit organization. Any proceeds received from the tournament will be donated to the Boys & Girls Club of Coachella Valley. In response to Council Member Perkins, Mr. Herman advised that any signage erected along Highway 111 will have to be Out of the right-of-way and permission received from the private property owners. MOTION It was moved by Council Members McCartney/Bangerter to approve Special Advertising Device 94-057, permitting off-site advertising for the Drysdale Hall of Fame Golf Tournament, subject to the recommended fmdings and conditions of approval. Motion carried unanimously. MINUTE ORDER NO. 9?242. BIB] 01-19-96-U01 03:48:22PM-U01 CCMIN110194-U02 City Council Minutes 10 November 1, 1994 Mayor Pena left the meeting at this time. 4. CONSIDERATION OF SURVEY FOR FRITZ BURNS PARK POOL. Mr. Bohien, Parks & Recreation Director, advised that on October 18, 1994, Council expressed interest in a city-wide survey for the purpose of measuring probable use of the Fritz Burns Park's pool facility; the participation levels and desired hours of use and a survey to assist staff in determining what programs should be offered in the spring as well as staff levels. The estimated cost in developing this survey is $5,300, if tabulated by staff, and $8,500 if done by an outside agency. He requested Council's direction regarding the production, distribution and tabulation of the survey. In response to Council Member Sniff, Mr. Bohien advised that the tabulation could be accomplished in-house, but existing assignments would have to be set aside. Council Member Bangerter asked if the City volunteers could be utilized to help tabulate the survey. Mr. Boblen preferred to assign the tabulation of the survey to a staff person, if done in- house, for control purposes in validating the survey. The in-house tabulation would be assigned to the secretary. Council Member Perkins felt that the questionnaire should be brought back to Council before distribution. Council Member Mccartney felt the survey is long overdue and will help design the facility and highlight different things to meet the needs of the community. He favored moving forward with the survey. Council Member Sniff concurred and believed it is an important step that should be taken before moving forward with the bid award. He supported having the survey tabulated by an outside agency because he felt the departtnent is already understaffed. He didn't feel it is necessary for the Council to review the questionnaire. Council concurred with sending the survey out for tabulation. Council Members Bangerter and Mccartney concurred with Council Member Sniff that it isn't necessary for Council to review the questionnaire. MOTION It was moved by Council Members Sniff/McCartney to direct staff to proceed with the survey as proposed and use an outside private concern for tabulation of the survey at a cost not to exceed $8,500. Motion carried with Council Member Perkins voting NO, and Mayor Pena ABSENT. MINUTE ORDER NO.94-243. BIB] 01-19-96-U01 03:48:22PM-U01 CCMIN110194-U02 City Council Minutes 11 November 1, 1994 5. CONSIDERATION OF PROFESSIONAL SERVICES AGREEMENTS WITH BSI FOR ASSESSMENT ENGINEERING SERVICES FOR ASSESSMENT DISTRICT 89-1 FOR FY 1995/96. Mr. Cosper, Public Works Director, advised that staff has begun the implementation process for Fiscal Year 1995/96 Landscape and Lighting Maintenance Assessment District as directed by City Council in July 1994. He submitted two Professional Service Agreements with BSI Consultants, Inc. for Council's consideration. The first agreement provides engineering services necessary to develop a Feasibility Report that will review assessment methods and policies related to the Assessment District. The second agreement provides for assessment engineering services to complete the assessment process, prior to May 1995, thereby allowing residents who leave the area during the summer months to participate in the process. Mr. Cosper reviewed the scope of services included in each agreement advising that both are consistent with Resolution 93-28. The Feasibility Report is a one-time expense funded from reserves and the assessment engineering is on-going each year, with the expense calculated into the assessment fees. Currently there is $34,500 budgeted to complete this work and the actual cost will be $27,054. Council Member McCartney felt that a five-year budget would be more reliable, as anything beyond that is too futuristic. Mr. Cosper said it could be reduced to five. The purpose in proposing ten years was to cover some maintenance costs that span over longer periods of time. Council Member Perkins felt that the City should take a good look at the Landscape and Lighting District assessments because it means dipping into the pocketbook of the taxpayer. He felt this assessment is a way around the property tax and although he understood the need for it, it should be a minimal amount. He felt that the City shouldn't continue to develop medians that it can't afford to maintain. He believed the taxpayer should get a tax-break and it should start in the City of La Quinta. Council Member Sniff agreed with some of Council Member Perkins' concerns, noting he voted against the Landscape and Lighting District Assessment initially. However, the residents of the City do receive values and benefits from the assessment district flinds. He agreed that taxes should be kept at a minimum and yet produce as an attractive a City as we can commensurate with fiscal good judgement. Mayor Pro-Tern Bangerter concurred and felt that is the reason why the Feasibility Study is important. Council Member Sniff supported Council Member McCartney's suggestion of a five-year budget. BIB] 01-19-96-U01 03:48:22PM-U01 CCMIN110194-U02 City Council Minutes 12 November 1, 1994 MOTION It was moved by Council Members Sniff/McCartney to approve and authorize the City Manager to execute two Professional Services Agreements with BSI Inc. for Landscape and Lighting Maintenance Assessment District Engineering Services, at a cost not to exceed $27,054. Motion carried with Mayor Pena ABSENT. MINUTE ORDER NO.94-244. Council Member Perkins complimented Mr. Cosper on a very good report that was easily understood. 6. TRANSMITTAL OF TREASURER'S REPORTS DAThD SEPTEMBER 30, 1994 FOR CITY OF LA QUINTA AND LA QUINTA FINANCING AUTHORITY. MOTION It was moved by Council Members SnifflMcCartney to receive and file the Treasurer's Report for the City of La Quinta, dated September 30, 1994. Motion carried with Mayor Pena ABSENT. MINUTE ORDER NO.94-245. MOTION It was moved by Council Members Sniff/Mccartney to receive and file the Treasurer's Report for the La Quinta Financing Authority, dated September 30, 1994. Motion carried with Mayor Pena ABSENT. MINUTE ORDER NO.94-246. 7. SECOND READING OF ORDINANCES ORDINANCE NO.257 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTION 12.28.100(A); RELATING TO STANDING OF MERCHANDISE OR FOOD VEHICLES. It was moved by Council Members SnifflMcCartney to adopt Ordinance No.257 on second reading. Motion carried by the following vote: AYES: Council Members Mccartney, Perkins, Sniff, Mayor Pro-Tem Bangerter NOES: None ABSTMN: None ABSENT: Mayor Pena S. APPROVAL OF CITY'S DISADVANTAGED BUSINESS ENTERPRISE DBE) POLICY. Mr. Cosper, Public Works Director, advised that the City is required to have in effect a Disadvantaged Business Enterprise Policy Statement to receive State and Federal BIB] 01-19-96-U01 03:48:22PM-U01 CCMIN110194-U02 City Council Minutes 13 November 1, 1994 funding for specialized projects. It is usually adopted in September of each year and takes effect in October. Staff recommended a 10% DBE goal for the City, which is the same arnount adopted for Riverside County. In response to Council Member McCartney, Mr. Cosper advised that the policy will apply to Professional Services Agreements whenever Federal funding is involved; the policy only applies whenever Federal funding is involved with any project. Council Member McCartney asked if the 10% goal is within a realm of reasonableness established by the Federal Government. Mr. Cosper advised that the minimum State goal is 10% and this amount is recommended to be consistent with the County goal. The City can choose to set a higher goal, but not lower. Council Member Mccartney asked if an assessment of the City was planned to possibly adjust the 10% arnount. Mr. Cosper advised that the County's standard was selected because they consider contractors on a county-wide basis when performing their 10% goal analysis. A better representative-idea of what the DBE goal should be is received by using the County's goal because typically, there aren't many contractors generated specifically to the City of La Quinta. In response to Council Member McCartney, Mr. Cosper advised that, according to department records, this is the first time a Disadvantaged Business Policy has been established in the City of La Quinta. MOTION It was moved by Council Members SnifflMcCartney to approve the City's Disadvantaged Business Enterprise Policy. Motion carried with Mayor Pen?a ABSENT. MINUTE ORDER NO.94-247. CONSENT CALENDAR APPROVAL OF DEMAND REGISTER, DATED NOVEMBER 1, 1994. 2. DENIAL OF CLAIM FOR DAMAGES FILED BY ATTORNEY MARK SHOEMAKER ON BEHALF OF CLAIMANT ANNA NEIL; DATE OF LOSS, MARCH 23, 1994. 3. APPROVAL OF OVERNIGHT TRAVEL FOR TIIE ENGINEERING TECHNICIAN TO ATTEND A CONSTRUCTION INSPECTION SEMINAR IN SAN DIEGO, CALIFORNIA, ON NOVEMBER 17-18, 1994. BIB] 01-19-96-U01 03:48:22PM-U01 CCMIN110194-U02 City Council Minutes 14 November 1, 1994 4. APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 23995-2, REUNION INCO HOMES. 5. ThIS ITEM MOVED TO BUSINESS SESSION ITEM NO. 8.) 6. APPROVAL OF VARIOUS LANDSCAPE MA][MAINTENANCE CONTRACTS. 7. APPROVAL OF AMENDMENT TO MAINTENANCE AGREEMENT FOR THE SPORTS COMPLEX WITH DESERT SANDS UNIFIED SCHOOL DISTRICT. S. APPROVAL OF CHANGES TO THE PERSONNEL MANNING SCHEDULE AND AMENDED JOB DESCRIPTIONS[. MOTION It was moved by Council Members SnifflMcCartney to approve the Consent Calendar as recommended and as amended. Motion carried with Mayor Pena ABSENT. MINUTE ORDER NO.94-248. STUDY SESSION PRESENTATION BY CVAG) ON THE COACHELLA VALLEY HABITAT CONSERVATION PLAN CVHCP) BY DIANA BECK, DIRECTOR OF PLANNING. Ms. Diana Beck, Director of Planning, Coachella Valley Association of Governments CVAG), advised that the purpose in developing a Habitat Plan is to identify possible, future, endangered species and create a plan to create habitats that will maintain and protect these species. Iaand development will be allowed to continue in areas where these species are found, once habitats are created for their protection. Before a Habitat Plan can be developed, an agreement must be reached on how that plan should be developed, what it will accomplish, and a determination made of what species are to be targeted. She referred to a draft document submitted to the valley cities and other agencies, advising that comments to that report are needed to prepare a final draft report. The Council will be asked to approve the final draft report after it is completed. In response to Council Member Mccartney, Ms. Beck advised that CVAG is only a facilitator of the process which is being approached on a regional basis and will have no authority to maintain the habitat. When a similar plan for the Fringed-Toed Lizard Habitat was adopted, CVAG participated as the facilitator and once it was adopted other agencies stepped in to maintain it. Council Member McCartney asked what the estimated cost of the study is, noting the expanse of land involved is huge. BIB] 01-19-96-U01 03:48:22PM-U01 CCMIN110194-U02 City Council Minutes 15 November 1, 1994 Ms. Beck advised that the study is expected to cost approximately $300,000. Various grants are being pursued to fund the study so that funding by the cities won't be necessary. The current interim phase is fully funded by a SCAG grant. Additional funds have been set aside from arterial street projects. A couple of developments are contributing funds and federal funding is being pursued for use in implementing the plan. There should be approximately $200,0oo-$225,()0() for the plan if all funds applied for are received. The habitats that need to be preserved will also need funding and will be addressed with future MOU's. All of the cities, the county and resource agencies are actively participating in the plan. In response to Council Member McCartney, Ms. Beck advised that there will be an agency to monitor the plan once it is in place such as Fish & Wildlife and Nature Conservancy Mayor Pro-Tem Bangerter asked the City Attorney if she will be able to review the document by the November 10th deadline. Ms. Beck advised that comments received shortly after that date will still be accepted, noting that other agencies have advised that their comments will be a little late. Ms. Honeywell, City Attorney, advised she will review it as quickly as possible. MOTION It was moved by Council Members Sniff/McCartney to direct appropriate City staff to review the Draft Memorandum of Understanding and Draft Interim Project Review Process and provide comments to CVAG by November 10, 1994. In response to Council Member Perkins, Ms. Beck advised that the species are named by a committee whose expertise is in this particular field. Many of those on the committee participated in the Fringed-Toed Lizard Plan. Motion carried with Mayor Pena ABSENT. MINUTE ORDER NO.94-249. REPORTS AND INFORMATIONAL ITEMS All reports were noted and filed. DEPARTMENT REPORTS Mrs. Juhola, Administrative Services Director, submitted a draft of the wording for the Senior Center dedication plaque for Council's approval and/or modification, and advised that the estimated cost is $800-$1OOO. BIB] 01-19-96-U01 03:48:22PM-U01 CCMIN110194-U02 City Council Minutes 16 November 1, 1994 Council Member Sniff suggested that the City Manager's name be added to the plaque, and placed beneath Council Member Mccartney's name. Council concurred. Council Member McCartney requested that his name be listed as G. Michael McCartney. Council Member Perkins requested that his name be listed as Ron Perkins. 2. Mr. Cosper, Public Works Director, advised that a Joint Study Session of the City Council and Planning Commission is needed to review revisions to the Subdivision Ordinance. Council concurred on incorporating it with the next City Council meeting to be held on November 15, 1994 at OO p.m. Council recessed to Redevelopment Agency meeting. Council reconvened. MAYOR AND COUNCIL MEMBERS' ITEMS Council Member McCartney advised that he distributed information to the Council on the availability of pizza-size satellite dishes, and suggested that the City consider regulating them. Council recessed to Closed Session and until the hour of 7:00 p.m. CLOSED SESSION 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8, REGARDING NEGOTIATIONS FOR PROPOSED COMMERCIAL DEVELOPMENT, INCLUDING PRICE AND TERM OF PAYMENT, FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF HIGHWAY 111 AND JEFFERSON STREET TIM EALEY, NEGOTIATOR FOR MIDLAND PROPERTIES. 2. CONFERENCE WITH LABOR NEGOTIATOR TOM HARTUNG, REGARDING NEGOTIATIONS WITH THE LA QUINTA CITY EMPLOYEES ASSOCIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6 MEET AND CONFER PROCESS. BIB] 01-19-96-U01 03:48:22PM-U01 CCMIN110194-U02 City Council Minutes 17 November 1, 1994 3. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6, REGARDING SALARY ISSUE COUNCIL- APPOINTED POSITION OF ADMINISTRATIVE SERVICES DIRECTOR. 4. CONFERENCE WITH LEGAL COUNSEL CONCERNING POTENTIAL IN]?INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE 54956.9(C) TWO CASES. 7:00 P.M. Mayor Pe na returned to the Council meeting. PUBLIC COMMENT None PRESENTATIONS The La Quinta Broncos All-Star Baseball Team presented a plaque to the Council and City of La Quinta expressing appreciation for the support received during their participation in August 1994 at the Illinois National Softball Championships. They also referred to a letter submitted to the Council regarding their non-profit status and the ball-field lighting, and asked if it has been reviewed. Council Member Sniff asked that staff respond to the letter. PUBLIC HEARINGS 1. WEED ABATEMENTS/LOT CLEANINGS AND PLACEMENT OF COSTS ON THE 1995/96 TAX ROLLS: A. NEILSON, ESTHER APN 773-263-005 $312.50 B. NEILSON, ESTHER APN 773-263-021 $187.50 C. HOFGARRDEN, LUTHER APN 773-295-010 $187.50 D. HOFGAARDEN, LUTHER APN 773-295-011 $187.50 E. HANSEN, JEFF APN 773-122-003 $375.00 F. SWERDLOW, MICIIAEL APN 774-281-011 $187.50 G. ALDEN, WY APN 774-275-022 $187.50 H. EDWARDS, ROBERT APN 773-162-020 $187.50 I. RAWLINSON, JOSEPH APN 774-114-004 $187.50 J. SAN FERNANDO SWAP MEET APN 773-203-009 $187.50 K. SAN FERNANDO SWAP MEET APN 774-052-016 $187.50 L. SAN FERNANDO SWAP MEET APN 773-283-017 $187.50 BIB] 01-19-96-U01 03:48:22PM-U01 CCMIN110194-U02 City Council Minutes is November 1, 1994 M. SAN FERNANDO SWAP MEET APN 773-292-023 $187.50 N. LUDWICK, WM. H. APN 773-172-007 $187.50 0. PARKER, SANDRA PARKER, ANGELA APN 774-041-002 $325.00 P. MCDOUGALL, ANN D. LEON, NANCY APN 774-263-004 $187.50 Mr. Hartung, Building & Safety Director, advised that payments for Parcels H and I were received and recommended they be deleted from the list. The Mayor declared the PUBLIC REARING OPEN. There being no one wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. RESOLUTION NO.94-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ASSESSING LIEN AND PROVIDING FOR COLLECTION ON TAX ROLLS ON CERTAIN PROPERTY FOR COSTS OF ABATEMENT OF PUBLIC NUISANCE. It was moved by Council Members Sniff/McCartney to adopt Resolution No.94-69 as amended. Motion carried unanimously. Council recessed to Closed Session as delineated on Page 17. There being no further business, the meeting was adjourned. Respe Ily submitted, SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California BIB] 01-19-96-U01 03:48:22PM-U01 CCMIN110194-U02