Loading...
1996 04 16 CC Minutes+Q LA QUINTA CITY COUNCIL MINUTES April 16, 1996 Regular meeting of the La Quinta City Council on April 16, 1996 was called to order at the hour of 3:00 p.m. by Mayor Holt, followed by the Pledge of Allegiance. PRESENT: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt ABSENT: None CONFIRMATION OF AGENDA Mr. John Pena, 51-910 Avenida Navarro,?representative for La Quinta 33 Partnership, requested the Council to reconsider their April 2, 1996 denial of General Plan Amendment 95-051 because of significant information the applicants wish to present to the Council. MOTION It was moved by Council Members Henderson/Holt to add to the agenda as Business Session Item No. 9, the reconsideration of Council action on April 2, 1996 regarding General Plan Amendment 95-051 and Environmental Assessment 96- 312. In response to Mayor Holt, Ms. Honeywell, City Attorney, advised that this item should be rescheduled for a public hearing if added to the agenda since it was previously considered as a public hearing item. Council Member Adolph didn't object, but wished to know the reason for reconsideration. Council Member Henderson felt that she needed better clarification on the connection between the Rural Residential Overlay Zone and the Equestrian Overlay Zone. Mayor Holt felt that it would give the applicant an opportunity to submit any additional information that they feel is pertinent to this issue. Council Member Sniff felt that such an opportunity has already been given and wasn't sure that ample justification exists for reconsidering it at this time. Council Member Henderson reiterated her wish to receive some clarification, pointing out that approval of the GPA was recommended by both the Planning Commission and staff. BIB] 05-24-1996-U01 07:34:20AM-U01 CCMIN-U02 04-U02 16-U02 1996-U02 +QCity Council Minutes 2 April 16, 1996 Mr. Genovese, City Manager, asked that Business Session Item No.4 be pulled from the agenda. Council Member Henderson asked that Consent Calendar Item No.6 be moved to Business Session Item No.10. MOTION It was moved by Council Members Sniff/Henderson to remove Business Session Item No.4 from the agenda and to move Consent Calendar Item No.6 to Business Session Item No.10. Motion carried unanimously. APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/Adolph to approve the City Council Minutes of April 2, 1996 as submitted. Motion carried unanimously. ANNOUNCEMENTS Mayor Holt announced that the City has issued a Proclamation declaring May, 1996 as La Quinta Heritage Month" for the purpose of emphasizing the importance of history in the community. PRESENTATIONS Mayor Holt and the Council presented Art Achievement Awards to the following students of Truman Elementary School for their artwork displayed at the Civic Center: Kindergarten Grade2 Grade 3 Grade 4 Tom Reed Allissa Gil Ronald Brown Alissa Duane Lindsey Afan Claudia Gonzalez Kristine Kodani David Garcia Pablo Navarro Brock Kienzie Brandon Moreno Krissy Lukkarila Elizabeth Larios Kristi Mowery Kristen Martinez Gradel Grant Nelson Jeremy Perez Lacey Orson Heather Schrumpf Andrew Rivera Cassie Price Cristina Ramirez Amy Topalian Monica Valdez BIB] 05-24-1996-U01 07:34:20AM-U01 CCMIN-U02 04-U02 16-U02 1996-U02 +QCity Council Minutes 3 April 16, 1996 Council concurred on taking up Reports & Informational Item L at this time. REPORTS AND INFORMATIONAL ITEMS L. IMPERIAL IRRIGATION DISTRICT PRESENTATION ON RATE STRUCTURE. Mr. Ron Hull, Director of Community Relations for Imperial Irrigation District, advised that in March, 1995 the Federal Energy Regulatory Commission FERC) issued a Notice of Proposed for the purpose of promoting competition in the energy industry by allowing every utility company to have access to all transmission grids and establishing a comparability standard for the cost of using those grids. +ie advised that in December, 1995, the California Public Utilities Commission CPU) created an Independent System Operator ISO) and Western Power Exchange WPE) in an effort to promote competition and lower the utility rates Mr. Joe Roly, Assistant Power Manager for Imperial Irrigation District, reviewed the current restructuring of the energy industry and advised that lID's objective is to provide reliable, competitive service to their customers. To reduce their embedded costs, lID has reduced their capital expenditures, downsized their staff, and will be making no long-term commitments to construct new power plants or purchase power, but will utilize the short-term market instead. The ISO will control the common-carrier transmission grid and administer its access. lID expects to minimize their power-generation costs by joining the ISO. He advised that the WPE is a commodity exchange that lID can choose to utilize on a daily basis, depending on the lowest rate available. lID plans to freeze their residential rate and reduce their commercial and industrial rates through restructuring. FERC's new structuring allows load aggregators to contract between utility customers and energy suppliers for the purpose of delivering energy to the customer through the utility?s transmission and distribution wires. lID is developing strategies to deal with load aggregators because such cherry picking" of IID customers will cause their fixed costs to be transferred to other lID customers. They are considering the adoption of a competitive transition charge which is actually a part of the existing rate that will continue to be charged to customers receiving power from an aggregator. An economic development rate is also being developed to enable lID to competitively respond to new industries wishing to locate locally. In response to Council Member Sniff, Mr. Roly advised that lID will continue to invest in their own energy system as it grows, but pointed out that an excess amount of transmission is available through the transmission grid that should last several years. He advised that any new transmission lines constructed would ultimately be paid for by the customer, but would exist as BIB] 05-24-1996-U01 07:34:20AM-U01 CCMIN-U02 04-U02 16-U02 1996-U02 +QCity Council Minutes 4 April 16,1996 common-carrier lines and not as a strategic benefit to any one company. The district's least expensive power is hydro-generation, coal-fired energy, and natural gas energy. However, lID reduced energy costs by $7 million last year by shutting down their own energy source and purchasing power on the market because it was cheaper. In response to Council Member Adolph, Mr. Roly advised that their distribution lines in La Quinta are underground except on Jefferson Street. Council Member Adolph advised that he was opposed to adding any more above-ground lines on Jefferson Street and asked if the current restructuring had been brought on by SunLine Transit Agency's feasibility study to which Mr. Roly responded no, that it was due to Federal and State regulations. In response to Council Member Perkins, Mr. Roly advised that power outages have decreased because of improvements to their distribution system. Mr. Ed Kibbey, 78-620 Sanita Drive, advised that he serves on liD's Customer Service Committee which will be taking an in-depth look at the rate study this Thursday. He advised that as the City's representative on this committee, he would relay any concerns that he's made aware of to the Board. Mr. Seth Etinger, 78-720 Avenida La Fonda, expressed appreciation for liD's rates, but wished that they would remove the poles in residential areas that have been replaced with new ones. PUBLIC COMMENT Mr. Robert Tyler, 44-21 5 Villeta Drive, advised that Adams Park was sprayed with graffiti last weekend and suggested that an award system be implemented to encourage the report of offenders. He expressed gratification that the Adams Street Extension Project has begun. Mr. Steve Merritt, 78-175 Avenue 42, Bermuda Dunes, advised that he's no longer the General Manager for Continental CableVision as he has decided to pursue a new career in the development of community gardens, but will continue to serve as a consultant for Continental during the transition period. BIB] 05-24-1996-U01 07:34:20AM-U01 CCMIN-U02 04-U02 16-U02 1996-U02 +QCity Council Minutes 5 April 16, 1996 WRITTEN CORRESPONDENCE LETTER FROM THE MAYOR OF THE CITY OF HEMET PROPOSING A CHANGE TO THE MEMBERSHIP STRUCTURE OF THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION. Council Member Sniff was in favor of supporting this effort because he felt that the present structure is taxation without proper municipal representation. Council concurred on directing staff to prepare a letter of support. 2. LETTER FROM BERNARDO GOUTHIER AND KATHRYN HULL REQUESTING A MEETING WITH THE CITY COUNCIL TO DISCUSS ESTABLISHMENT OF AN ACADEMY OF ARTS & OPEN AIR MUSEUM. Ms. Kathryn Hull, 77-260 CaIle Chillon, asked the Council to consider placing this item on a future agenda for discussion. She felt that a joint effort to establish an Academy of Arts & Open Air Museum would benefit the City in numerous ways. Mr. Bernardo Gouthier, 57-325 Madison Street, invited the Council to visit the sculpture park and thanked Council Member Henderson for her efforts in obtaining additional signage for them. Council Member Sniff suggested that staff prepare a preliminary report for Council?s review. Council Member Henderson agreed, advising that she wished to see this effort coordinated with others in the City. In response to Mayor Holt, Mr. Genovese, City Manager, advised that a preliminary report could be brought back in one month. Council concurred in so directing staff. BIB] 05-24-1996-U01 07:34:20AM-U01 CCMIN-U02 04-U02 16-U02 1996-U02 +QCity Council Minutes 6 April 16, 1996 BUSINESS SESSION CONSIDERATION OF A RECOMMENDATION BY THE ART IN PUBLIC PLACES COMMISSION TO APPROVE A PROPOSAL BY RANCHO LA QUINTA FOR ARTWORK TO BE INSTALLED AT THE CORNER OF AVENUE 48 AND WASHINGTON STREET AND TO APPROPRIATE $70,000 FROM THE ART IN PUBLIC PLACES FUND FOR THE CONSTRUCTION OF THE ART PIECE. Mayor Holt advised that a continuance has been requested by the applicant. MOTION- It was moved by Council Members Sniff/Henderson to continue the proposal by Rancho La Quinta for installation of artwork to May 7, 1 996 upon request of the applicant. Motion carried unanimously. MINUTE ORDER NO. 96-52. 2. CONSIDERATION OF A PROFESSIONAL SERVICES CONTRACT FOR AB 939 IMPLEMENTATION CONSULTING SERVICES. Mr. Herman, Community Development Director, advised that the selection of a consultant to assist the City in the implementation of its AB 939 services was a four-city committee process that included observance by two members of the Council. He advised that the Selection Committee has recommended approval of a Professional Services Contract with EcoNomics in an amount not to exceed $32,847. Council Member Henderson commented that as an observer of the selection process, she was impressed with the process and presentations given in response to the RFP. Council Member Sniff agreed and felt that the presentation by EcoNomics gave the best possibilities for dealing effectively with the City's AB 939 issues. In response to Council Member Adolph, Mr. Baker, Principal Planner, advised that the walled and gated recycling bins would be open to the public on a limited basis at an undetermined location on Frances Hack Lane City Corporate Yard). MOTION- It was moved by Council Members Sniff/Henderson to approve the Selection Committee's recommendation to award a Professional Services Contract to EcoNomics for AB 939 implementation services in an amount not to exceed $32,847 and authorize the Mayor to sign the contract. Motion carried unanimously. MINUTE ORDER NO.96-53. BIB] 05-24-1996-U01 07:34:20AM-U01 CCMIN-U02 04-U02 16-U02 1996-U02 +QCity Council Minutes 7 April 16,1996 3. CONSIDERATION OF AUTHORIZATION TO CALL ON SECURITY FOR TRAFFIC SIGNAL IMPROVEMENTS FROM TRACTS 23269, 23995.23913, 23935. 24517, 25363, AND 26188. Mr. Cosper, Public Works Director, advised that the primary funding for approved traffic signals on Fred Waring Drive and Adams Street consists of contributions from approved subdivisions as part of their conditions of approval. The subdividers were requested by letter to remit their share of the costs by March 1, 1 996, but no funds have been received nor has any indication been given regarding when these funds could be expected. Staff requested authorization to notify th? sureties that the City wishes to collect on the traffic signal security bonds totaling $150,065 and advised that a copy of the letters Would be sent to the subdividers. Failure to acquire the necessary funds from the securities would require funding from other sources such as the Infrastructure Fund which he advised would impact the current and future capital improvement program. In response to Council Member Perkins, Mr. Cosper advised that the final costs and final date for remittance were included in the notices sent to the subdividers. There has been some discussion with some of the subdividers regarding how their share can be remitted which staff will continue, but staff expects the recommended action to cause funds to be remitted. Council concurred that the subdividers have had ample time to remit their share of costs. In response to Council Member Henderson, Mr. Cosper advised that the possibility of legal costs being incurred to collect these funds depends on the cooperation of the sureties. In response to Council Member Henderson, Ms. Honeywell, City Attorney, advised that she would research the subdivision ordinance to find out if the legal coStS could be charged back to the appropriate subdividers. MOTION- It was moved by Council Members Perkins/Henderson to authorize staff to call on improvement security for traffic signals associated with Tracts 23269, 23913, 23935,23995, 24517, 25363, and 26188. Motion carried unanimously. MINUTE ORDER NO.96-54. BIB] 05-24-1996-U01 07:34:20AM-U01 CCMIN-U02 04-U02 16-U02 1996-U02 +QCity Council Minutes 8 April 16, 1996 4. CONSIDERATION OF APPROVAL OF RlGHT-OF?WAY EASEMENT DEED AND DEED ACCEPTANCE DOCUMENTS HAMMER ACQUISITION. Action was ta ken earlier to continue this item to May 7, 1996. 5. CONSIDERATION OF PARTICIPATION IN THE RIVERSIDE COUNTY CHILDREN AND YOUTH SUMMIT MAY 9 & 10, 1996. Ms. Nicholson, Parks & Recreation Director, advised that the County has requested the City's participation in the Riverside County Children and Youth Summit in Rancho Mirage May 9-10, 1996 by authorizing the Mayor to select 10-1 2 participants. The purpose of the summit is to create a common knowledge regarding the status of the children in the County, establish more collaborative networks of support and opportunities for children, and reaffirm the County's role and responsibility to support the communities in addressing the needs of its youth and families. The cost for each participant is $50 and staff recommended that up to five participants be sent at a total cost of $250 to be funded from the Special Projects Contingency Fund. Council Member Henderson was concerned that this was a repetitive effort due to the number of organizations already dealing with youth issues. She advised that CVAG?s Youth Commission would be discussing their involvement with this summit on April 22nd and she felt that the participants should come from existing youth-concern organizations. Council Member Sniff agreed and felt that the summit is an excessive redundancy that needs more thought and coordination. If felt that any selection of City participants should come from the City's Commissions. Mayor Holt wasn't sure that it's a redundant effort because she understood the purpose of the summit was to bring municipal governments together with school districts to share information. Council Member Henderson pointed out that the school district is heavily involved with CVAG's Youth Commission and she felt that the City shouldn't take any action until CVAG determines their involvement. Ms. Nicholson advised that the summit is a one-time event that would include national speakers and the sharing of successful models from across the nation. Council Member Perkins felt, too, that it was a redundant effort and he was opposed to local municipalities being expected to fund a County-sponsored BIB] 05-24-1996-U01 07:34:20AM-U01 CCMIN-U02 04-U02 16-U02 1996-U02 +QCity Council Minutes 9 April 16, 1996 event that the County will receive recognition for. He felt that the City should concentrate its involvement with the youth organizations that the City is already a part of. He saw no direct benefit from the summit for the City. Mayor Holt felt that the summit was intended to be more of an informational seminar. In response to Council Member Adolph, Ms. Nicholson advised that some cities are sending only one or two representatives to which Council Member Adolph responded that he didn't have a problem with the City doing that. Mayor Holt suggested sending Ms.'Nicholson to represent the City, subject to CVAG's action on April 22nd. Mr. Genovese, City Manager, advised that time was a factor since the event is on May 9 and 10. MOTION It was moved by Council Members Perkins/Henderson to deny the request for participation in the Riverside County Children and Youth Summit. Council Member Adolph wished to have a representative from La Quinta at the summit and pointed out that no guarantee exists that CVAG's representative would be from La Quinta. Council Member Sniff agreed with appointing Ms. Nicholson to represent the City and advised that he would vote NO. Motion failed with Council Members Adolph and Sniff and Mayor Holt voting NO. MOTION It was moved by Council Members Sniff/Adolph to send Ms. Nicholson as the City's representative to the Riverside County Children and Youth Summit on May 9-10, 1996 and that she be directed to report back to the Council following the Summit. Motion carried with Council Members Henderson and Perkins voting NO. MINUTE ORDER NO.96-55. 6. CONSIDERATION OF SELECTION OF BROKER/DEALER FOR LISTING OF FINANCIAL INSTITUTIONS. Mr. Falconer, Finance Director, advised that the additional information the Council requested on April 2, 1996,-is included in the staff report and that Tom Lewis, Chairman of the Investment Advisory Board IAB, is available for BIB] 05-24-1996-U01 07:34:20AM-U01 CCMIN-U02 04-U02 16-U02 1996-U02 +QCity Council Minutes 10 April 16,1996 questions. He advised that the City would be able to diversify its portfolio?io upon the selection of a broker/dealer. Council Member Perkins asked how this agreement differs from the City?s agreement with Steve Wymer. Mr. Genovese, City Manager, advised that the Wymer transactions couldn?t be discussed due to on-going litigation, but pointed out that neither of the proposed broker/dealers would take possession of City funds. In response to Council Member Henderson, Mr. Falconer advised that the Broker/Dealer Questionnaire and C?Certification shows the extensiveness of the questions the applicants were asked. In response to Council Member Perkins, Mr. Falconer advised that the City's current investment with LAIF is approximately $18 million. Council Member Perkins was concerned about the amount of money the City has invested with LAIF, considering it's not backed by the State. He wished for the Council to have a simply-stated, one-page financial report that explains where the City's funds are to which Mr. Falconer responded that staff would design one. Mr. Tom Lewis, Chairman of the Investment Advisory Board, advised that the lAB would look at all of the investment issues after they complete their current review of the Investment Policy. Mayor Holt pointed out that approval of a broker/dealer for the City's financial institution list only provides a vehicle whereby the City can diversify its funds and does not approve any investment of funds. Mr. Lewis advised that this action is the first step in the process of being able to diversify funds. In response to Council Member Adolph, Mr. Lewis advised that the lAB is satisfied with the two recommended broker/dealers because they have met, or exceed, the criteria of the City. He advised that the main difference between the process that was in place during the Wymer investments and the current process is that all investment funds will be handled by an independent third- party trustee who will not release funds until the securities have been received. BIB] 05-24-1996-U01 07:34:20AM-U01 CCMIN-U02 04-U02 16-U02 1996-U02 +QCity Council Minutes 11 April 16, 1996 MOTION It was moved by Council Members Sniff/Adolph to approve Mr. Ernest Marchowsky of Dean Witter, Newport Beach and Mr. Ron Meraz and Mr. Altredo Sandoval of Merrill Lynch Pierce, Fenner & Smith, Inc. of Indian Wells to be placed as broker/dealers on the Listing of Financial Institutions for the City of La Quinta. In response to Council Member Perkins, Mr. Lewis advised that some broker/dealers don't believe that it's worth the effort to deal with government entities because of the extra requirements involved and that's why some brokers didn't respond to the City's RFP. Motion carried unanimously. MINUTE ORDER NO.96-56. 7. CONSIDERATION OF AMENDING THE RULES OF PROCEDURE FOR COUNCIL MEETINGS AND RELATED FUNCTIONS AND ACTIVITIES. Mr. Genovese, City Manager, advised that on February 6, 1 996, a study session was conducted wherein issues related to the Council's Rules of Procedures were discussed and those concerns have been addressed through amendments to the said rules. Council Member Sniff felt that Public Comment should be after Confirmation of Agenda. Mayor Holt felt that this meeting was a good example of how it would be better to have public comments prior to confirmation of the agenda because it allows members of the public to request additions to the agenda instead of having to speak under the Confirmation of Agenda. Ms. Honeywell, City Attorney, advised that under the Brown Act, the public must have an opportunity to speak to any item on the agenda which this change would allow and eliminate any concern about whether or not the City is meeting the highest standards of the Brown Act. She felt that the public comment made under Confirmation of Agenda at this meeting would have been more appropriately made under a Public Comment period, had that opportunity been allowed on the agenda. In response to Council Member Sniff, Ms. Honeywell advised that the Council's right to require the City Clerk to take Minutes of Closed Session meetings has always been a part of their Rules of Procedures, but they have never exercised it and can delete it if they wish. BIB] 05-24-1996-U01 07:34:20AM-U01 CCMIN-U02 04-U02 16-U02 1996-U02 +QCity Council Minutes 12 April 16,1996 Council Member Sniff wished to see the agenda delivered on Thursdays to allow the Council more time for evaluation.. He suggested that Mayor" be changed to Presiding Officer" in Section 2.5, pointing out that someone other than the Mayor would open the hearing in the Mayor's absence. Mayor Holt wasn't sure that it's necessary to make that change since the order of who presides in the Mayor's absence is dictated elsewhere in the document. Council Member Sniff felt that the 30-minute limitation on the public comment period should be eliminated. Council concurred. Council Member Henderson felt that Section 1 54 should include 1 of the City's public bulletin boards for posting of agendas. Mr. Genovese suggested that the individual bulletin board locations be noted in the rules to avoid confusion with other public bulletin boards. Council concurred. Council Member Henderson suggested that the wording in the last sentence of Section 4.2(f) be changed to read, will be decided upon by the City Council after considering the entire issue." In response to Council Member Henderson, Ms. Honeywell, advised that Robert's Rules of Order does not allow for any one Council Member to call for the question for the purpose of ending the discussion of a motion, but a motion to call for the question can be made and if passed by a majority vote, the discu?sion period would close. Council Member Henderson didn't feel that Section 7.3 was adequately clarified. Council Member Sniff questioned the seven-day period in Section 7.3. Ms. Honeywell advised that the seven-day period was added to clarify that reconsideration of an item must be placed on the agenda prior to the next Council meeting, thus informing everyone that such reconsideration will be considered. Otherwise, it requires a 4/5 vote to add it to the agenda at the next meeting before a motion can be made to reconsider the item. BIB] 05-24-1996-U01 07:34:20AM-U01 CCMIN-U02 04-U02 16-U02 1996-U02 +Q City Council Minutes 13 April 16, 1996 In response to Council Member Adolph, Ms. Honeywell advised that any requests to add items to the agenda prior to the meeting must be placed with the City Manager or City Clerk Council Member Adolph felt that that should be included in the wording of Section 7.3. In response to Council Member Perkins, Ms. Honeywell advised that the Council's Rules of Procedures would prevail over Robert's Rules of Order in cases of inconsistency. Council Member Perkins questioned the inconsistency regarding the time limitations for public comment under Public Hearings and the regular Public Comment period. Council Member Henderson suggested that public comments under Public Hearings might need more than three minutes. Council concurred on limiting both to three minutes. In response to Council Member Perkins, Ms. Honeywell advised that a Council Member who leaves the dais for the purpose of avoiding a vote would not be counted for purposes of a quorum for that vote, pointing out that in the past, such action has been considered as an abstention. In regard to Section 10 Rules Directory), she advised that a neighboring city tried and failed to enforce their Rules of Procedures as code enforcement violations. The Council agrees to abide by the rules, but there's no good way to enforce them if they're not followed. She advised that some of the rules might be enforceable due to the fact that they mirror State law. In response to Council Member Adolph, Mr. Genovese advised that Captain Dye is the Sergeant at Arms and is generally present at each meeting. Council Member Adolph questioned the need for the limitation on Council Members speaking only once on any one subject until every other member choosing to speak has spoken. In response to Council Member Adolph, Mr. Genovese advised that staff would revise Section 6.9 to clarify it. In response to Council Member Adolph, Ms. Honeywell advised that if a tie vote is the result of one or more Council Members abstaining for reasons other than a conflict of interest, the abstention is counted in favor of the motion and BIB] 05-24-1996-U01 07:34:20AM-U01 CCMIN-U02 04-U02 16-U02 1996-U02 +QCity Council Minutes 14 April 16, 1996 breaks the tie vote. Such ruling is consistent with case law which says that Council Members have a common-law duty to vote and should not use abstentions to defeat a motion. This provides Council Members with an incentive to vote against the motion if the intent is to defeat it, because an abstention vote in case of a tie is counted in favor of the motion. In response to Council Member Henderson, Ms. Honeywell advised that any abstention that is related to a tie vote is covered under Section 7.4 and all other abstentions are covered under Section 7.2. She advised that retention or elimination of meeting tapes could be addressed in these rules or in a Council policy. Mr. Genovese advised that staff would bring the revised Rules of Procedures back for Council's approval. Council concurred on taking up Reports & Informational Item M at this time. M. REPORT OF CULTURAL COMMISSION'S SUBCOMMITTEE REGARDING THE LA QUINTA PAGEANT. Ms. Kathryn Hull, 77-260 CalIe Chillon, Chairman of the Cultural Commission, advised that in July, 1995, the Council approved $5,000 in funding to prepare a feasibility study for the proposed La Quinta Pageant which will be the first of its kind in the valley and the funds were used to hire a consultant. The Commission feels that a non-profit organization should assume the responsibility of managing the pageant, but believes that the City should be a partner in the event. The mission of Viva La Quinta" is to celebrate the unique, multi-cultural heritage and glamorous celebrity-laden history of the La Quinta area in a spectacular tribute to the community through high-quality performances highlighted by re-creations of the past in an outdoor setting. Ms. Honey Atkins, 52-470 Avenida Madero, Chairman of the Pageant Steering Committee, felt that the pageant would bring all segments of the community together for the purpose of re-creating and exhibiting the City's history in a successful production. Dr. Jim Volz, 142 Marion Boulevard, Fullerton, consultant for the Pageant Steering Committee, advised that he has assisted many cities on art projects to help them economically stimulate their communities. The Commission feels that the pageant will be even more meaningful by involving students in the production. He presented an artist sketch of the envisioned pageant setting at the La Quinta Hotel tennis court area, advising that the intent is to put on BIB] 05-24-1996-U01 07:34:20AM-U01 CCMIN-U02 04-U02 16-U02 1996-U02 +QCity Council Minutes 15 April 16? 1996 an event that includes various interactive activities prior to each pageant performance. The beauty of the event is that it involves collaboration of the entire community for what is expected to become an annual event. Ms. Judy Vossler, 46-455 Cameo Palms, President of Viva Foundation, advised that both the Viva Foundation and KSL Recreation Corporation are very interested in this project, believing Viva La Quinta" to be an outdoor extravaganza that can become another cultural event that will set the City apart from other communities. They feel that it's important for the City to commit financial support for this event before they commit their money and energy to raising the remaining funds, pointing out that KSL is prepared to commit the use of their tennis club facilities at the La Quinta Resort at no charge for the pageant and will provide accounting services and marketing strategies for the event. They believe that the City is the link between the event and its future success. She urged the Council to carefully consider committing funds for this event during the upcoming budget review. Council Member Henderson pointed out that there's a lot of exciting things going on in the City and she felt that it's unfortunate that there's not more communication between the various organizations. She felt that the presentation was excellent, but was disappointed that the feasibility study didn't include demographic information that is generally included in such a report. Mr. Volz advised that a good feasibility study generally costs $25,000-$50,OOO and the Commission felt that the funds would be better spent to retain a consultant to put together a beginning business plan and to help them define a broad scope for the project. He, too, felt that this was a far better use of the funding, pointing out that most of the demographic information would be provided by other agencies that get involved with this project in the future. Mayor Holt advised that she worked with this committee as the Council's representative and felt that it was difficult to find a beginning on this project because it's such a huge undertaking, but she felt that a tremendous amount of work has gone into it and that it's a great revenue source. Council Member Adolph supported the project and felt that the City's economy could benefit from it, advising that a similar outdoor performance in Lake Tahoe has been very successful. Council Member Perkins felt that it's an exciting project, but he didn't feel that it would create a massive amount of new revenue for the City except for a few restaurants and shops. BIB] 05-24-1996-U01 07:34:20AM-U01 CCMIN-U02 04-U02 16-U02 1996-U02 +QCity Council Minutes 16 April 16, 1996 In response to Council Member Perkins, Ms. Vossler advised that the maximum seating capacity of the tennis stadium is 10,000. The hotel is prepared to commit use of the stadium for a three-day holiday weekend, but would be glad to look at other sites in the City should the event outgrow their facility. Council Member Perkins was pleased that the Commission's involvement with this project is as an umbrella organization and not the manager because he didn't believe that that is their intended role. He felt that it would be important for the City to take a long hard look before it commits any funds to this project because of the number of needs in the City. Council Member Henderson suggested that demographic information be included in the Commission's updated report when they bring this issue back to the Council for funding consideration to which Ms. Vossler agreed. Council Member Sniff fully supported bringing this back to?the Council during the budget review for consideration. He felt that it's important to fully understand the final as well as the basic steps that are necessary to reach that objective. He was pleased that the Commission wishes to walk before they run" with this event because he felt that it's important to take incremental steps with such an endeavor. He suggested that an outline of the various steps be prepared so that the Council would have some firm sense of how much time and funding each incremental step would require. Mr. Genovese, City Manager, advised that this item would be listed as an unapproved item for consideration during the budget review in June. Mr. Tom Freeman, 54-220 Avenida Obregon, Vice President of Waste Management of the Desert, announced that Frank Orlet has been appointed as Division President for Waste Management to replace Patty Sommerville who recently resigned. Council recessed to Closed Session to and until the hour of 7:00 p.m. CLOSED SESSION 1. Conference with legal counsel? regarding on-going litigation: REFCO, Case No. Cv-92-7626 RJK, pursuant to Government Code Section 54956.9(a). BIB] 05-24-1996-U01 07:34:20AM-U01 CCMIN-U02 04-U02 16-U02 1996-U02 +QCity Council Minutes 17 April 16,1996 7.0OP.M. PUBLIC COMMENT Ms. Betty Baskin, 79-865 Pecan Valley, advised that most of the plants in the landscape improvement project at Avenue 54 and Madison Street have died and wished to know when the project would be completed. BUSINESS SESSION......................continued Council concurred on taking up Business Session Item No. 9 at this time. 9. CONSIDERATION OF RECONSIDERATION OF COUNCIL ACTION ON APRIL 2, 1996 REGARDING GENERAL PLAN AMENDMENT 95-051 AND ENVIRONMENTAL ASSESSMENT 96-312. MOTION It was?moved by Council Members Sniff/Henderson to reconsider General Plan Amendment 95-051 and Environmental Assessment 96-312. Motion carried unanimously. MINUTE ORDER NO. 96-57. MOTION- It was moved by Council Members Henderson/Perkins to reconsider the matter of General Plan Amendment 95-051 and Environmental Assessment 96-312 at a future meeting, giving adequate time for noticing. Motion carried unanimously. MINUTE ORDER NO. 96-58. 8. CONSIDERATION OF RESPONSE TO PUBLIC COMMENT ON SOCIAL CONTRACT BETWEEN CONTINENTAL CABLEVISION AND THE FCC. Mr. Weiss, Assistant City Manager, advised that on March 11, 1996, the Council received a letter from Continental CableVision informing the City of a proposed amendment to a Social Contract" with the FCC. Mr. William Marticorena, Special Counsel with Rutan & Tucker, has prepared a draft response for the City, suggesting that it be submitted by the deadline of April 19, 1 996 to retain legal standing regarding potential rate increases of $1/monthly in 1996, 1997, 1998, and 1999 and concerns of local regulation of the cable industry. Mr. Jeremy Stern, 550 N. Continental Boulevard, El Segundo, Vice President of Corporate Legal Affairs for Continental CableVision, reviewed some of customer benefits that exist in the Social Contract such as the ability to create BIB] 05-24-1996-U01 07:34:20AM-U01 CCMIN-U02 04-U02 16-U02 1996-U02 +QCity Council Minutes 18 April 16, 1996 a Lifeline Service which will reduce entry-level-service rates by 1 5-20% and rate stability. He advised that the potential monthly increase of $1 is substantially less than the cost-of-service rate increases Continental would be waiving their right to receive otherwise. In exchange for the Social Contract with the FCC, Continental has committed to upgrading their systems nationwide, investing $1.7 billion in infrastructure upgrades, and providing Internet access to all of the schools in the community at no cost. He encouraged the Council to consider these benefits before filing a response. In response to Council Member Henderson, Mr. Stern advised that the Franchise Agreement provides for Continental to install cable connections to public schools at no cost if they re within 150 feet of their plant; all other school connections will be installed at cost. He advised that cable modems for the Internet would be provided at no cost to all schools during the school year. Council Member Sniff asked what would be wrong with the City establishing a legal position regarding the Social Contract. Mr. Stern advised that the City could do that by filing a response of support. He felt that a legal battle was unnecessary in light of the fact that Congress is moving toward deregulation of the cable industry within the next three years which will negate any legal challenges to the Social Contract. He advised that in the past, a vast majority of the communities have supported their Social Contract with the FCC and they expect that support to continue with this amendment. They would like to have the City's support and were opposed to the adversarial relationship the proposed letter of response might create. Council Member Sniff continued to believe that it's important to retain legal position. In response to Mayor Holt, Ms. Honeywell, City Attorney, advised that the City's Special Counsel seems to feel strongly that the City would be giving up its rights regarding subscriber's rates by accepting the Social Contract She didn't see any problem with filing a response in correlation with further study of this issue, pointing out that it's difficult to review something like this in a 45-day review period. She advised that the Council could decide to not challenge the Social Contract at any time because the response is not binding. In response to Council Member Adolph, Mr. Stern advised that this would not affect gated communities that have direct contract wholesale rates with Continental. BIB] 05-24-1996-U01 07:34:20AM-U01 CCMIN-U02 04-U02 16-U02 1996-U02 +QCity Council Minutes 19 April 16, 1996 In response to Council Member Perkins, Mr. Stern advised that they're not opposed to a letter of response being filed, but do have serious disagreements with the Special Counsel?s conclusions and would prefer that a more favorable response be filed. Council Member Perkins asked if the letter could be modified to simply state that the City wishes to preserve their right to follow through with this at a later date. Ms. Honeywell was unable to advise, but suggested that any later objections might be limited to those listed in the letter of response. MOTION It was moved by Council Members Sniff/Adolph to approve the response letter Re: Social Contract between Continental CableVision and the FCC) prepared by Special Counsel for delivery to the FCC. Council Member Perkins advised that he would vote NO because he didn?t feel that the letter is directed toward the actual problems. Council Member Sniff understood Council Member Perkins concerns, but felt that it?s imperative that the City establish a multi-faceted position on this issue. Mayor Holt agreed. Motion carried with Council Member Perkins voting NO. MINUTE ORDER NO. 96-59. CONSENT CALENDAR APPROVAL OF DEMAND REGISTER DATED APRIL 16, 1996. 2. TRANSMITTAL OF TREASURY REPORT DATED FEBRUARY 29, 1996 FOR THE CITY OF LA QUINTA AND THE LA QUINTA FINANCING AUTHORITY. 3. APPROVAL TO EXECUTE PROGRAM SUPPLEMENT NUMBERS 008 AND 013 TO STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM AGREEMENT 5433 FOR FUNDING OF VARIOUS STREET IMPROVEMENT PROJECTS. 4. ACCEPTANCE OF GRANT DEED FROM ET AL FOR SHOVLIN/FLETCHER HIGHWAY 111 PERMANENT RIGHT-OF-WAY. BIB] 05-24-1996-U01 07:34:20AM-U01 CCMIN-U02 04-U02 16-U02 1996-U02 +QCity Council Minutes 20 April 16, 1996 5. APPROVAL CONTRACT EXTENSION LANDSCAPE MAINTENANCE CONTRACT LMC 1995/96. 6. SEE BUSINESS SESSION ITEM NO. 10. MOTION It was moved by Council Members Sniff/Adolph to approve the Consent Calendar as recommended and amended removal of Item No. 6.) Motion carried unanimously. MINUTE ORDER NO.96-60. PUBLIC HEARINGS WEED ABATEMENTS/LOT CLEANINGS AND PLACEMENT OF COSTS ON 1996/97 TAX ROLLS: A. IPARAGUIRRE, BOB APN 774-233-005 $187? B. KANAVICH, JOSEPH APN 773-173-031 $187? C. SNYERCON DEVELOPMENT APN 774-114-010 $187? D. COLLINS, MICHAEL & ELIZABETH APN 774-152-019 $187? E. ATLANTIC WESTERN ENT. APN 773-201-012 $18750 F. EDISON, HELEN 1. APN 773-145-019 $18750 APN 773-145-020 $18750 G. BERG. ALVIN & JANICE APN 773-325-018 $18750 H. DE LEON, GORDON & SALLY APN 773-222-012 $18750 I. SPANN, EVANGELINE APN 774-164-001 *18750 APN 774-164-002 $187.50 J. GREEN THUMB GARDENING APN 774-155-018 $18750 K. STERLING HOMES APN 774-292-032 *18750 Mr. Hartung, Building & Safety Director, advised that the listed property owners have failed to pay the cost of weed abatement on their properties with the exception of a late payment received from Michael & Elizabeth Collins Item D). He requested the Council to adopt a resolution to provide for the collection of said costs on the remaining parcels. The Mayor declared the PUBLIC HEARING OPEN. There being no one wishing to. speak, the Mayor declared the PUBLIC HEARING CLOSED. BIB] 05-24-1996-U01 07:34:20AM-U01 CCMIN-U02 04-U02 16-U02 1996-U02 +QCity Council Minutes 21 April 16,1996 RESOLUTION NO.96-25 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/Adolph to adopt Resolution No. 96-25 as amended. Motion carried unanimously. 2. AMENDMENT TO CHAPTER 6.17 OF THE LA QUINTA MUNICIPAL CODE RELATING TO LANDSCAPE MAINTENANCE OPERATIONS. Ms. di Iorio, Planning Manager, advised that after a comprehensive Noise Ordinance was reviewed by the Council in December, 1993 and April, 1994, it was changed to primarily address noises related to landscape maintenance operations. A public hearing was held on February 20, 1 996, at which time the ordinance was once again directed back to staff for revision. The significant revisions consisted of: 1) the addition. of a definition for Landscape Maintenance Equipment; 2) a further differentiation of golf course operations from other landscape operations, specifically times of operation, and 3) the addition of an operational exemption process allowing for deviations from the ordinance relating to hours of operation. The Mayor declared the PUBLIC HEARING OPEN. Mr. Scott Dalecio, 49-499 Eisenhower Drive, President of KSL Desert Resorts, advised that they currently own eight golf courses and plan to build more. Their primary concern with the ordinance is the restriction regarding the operation of equipment within 75 feet of homes prior to 7 a.m. The easements they use to get their equipment on the golf course are sometimes less than 75 feet and he asked if such action would be considered operation of equipment?ipment." He pointed out that it's in their best interest to cooperate with the homeowners, but the 754foot distance limitation might be difficult to determine sometimes. Their only problem with the restriction on leaf blowers is that their use is a critical part of maintenance operations during over seeding operations. He questioned the restrictions in Section 6.17.030(E), pointing out that dust particles are created by 90% of all over seeding equipment. He commented that golf courses have been allowed to govern their own landscape-maintenance operations in the past because of the fact that most golf course homeowners understand the maintenance needs. BIB] 05-24-1996-U01 07:34:20AM-U01 CCMIN-U02 04-U02 16-U02 1996-U02 +QCity Council Minutes 22 April 16, 1996 Mr. TV Bro?Broadhead, 53-395 Avenida Bermudas, Golf Course Superintendent of La Quinta Country Club, was also concerned about the starting time, advising that their operations have always started at 6 a.m. without any complaints from the homeowners and starting later would reduce their revenues due to the reduction in the number of players they would then have. They also have areas where homes are located adjacent to the maintenance shop or driving range which would be affected by the 75-foot distance limitation. He concurred with Mr. Dalecio that all over seeding equipment creates dust particles. He urged the Council to change the starting time to 6 a.m. and to reconsider the airborne particulate restrictions. Council Member Adolph felt that the intent of the ordinance was to restrict landscape-maintenance activities within the buffer zone between the homes and golfing areas during early morning hours. Mr. John Handel, 43-875 Washington Street, Palm Desert, President of Monarch Group and managing agent for PGA West 2 Residential Association, advised that the association questions the City?s ability to enforce some of the regulations. They feel that if complaints are referred back to the association for enforcement, it will be no different than the self?governing process already in place, except to add another administrative layer to the process. In response to Council Member Perkins, Mr. Handel advised that vacuums could be used in place of blowers in some areas such as near windows. Ms. Betty Baskin, 79-865 Pecan Valley, President of PGA West Master Association, advised that the association is opposed to the ordinance because of the additional costs they will incur in handling some of the landscape- maintenance operations, noting that such increases would be passed on to the homeowners who don?t want additional governmental regulations. The association has not received any complaints and feels that the ordinance is unnecessary. In response to Council Member Perkins, Ms. Baskin advised that a later starting time would increase their costs by $8,000 annually because they would have to hire additional staff to hand-sweep walkways and patios in order to continue starting at 6 a.m. She advised that their homeowners know when the lawns will be mowed each week and they don?t complain. Mr. Virgil Robinson, 78-650 Avenue 42, Bermuda Dunes, Director of Agronomy of KSL Recreation, spoke in support of the other comments and advised that they believe that an operational variance permit to operate leaf blowers during over seeding operations is unnecessary since it's an annual event that everyone BIB] 05-24-1996-U01 07:34:20AM-U01 CCMIN-U02 04-U02 16-U02 1996-U02 +QCity Council Minutes 23 April 16, 1996 is aware of. He felt that golf course communities should be considered separately from other areas of the City because the homeowners living there want the grass maintained properly for golfing. They've only seen one letter of complaint regarding the use of leaf blowers and feel that the ordinance is unnecessary. Mr. Al Newkirk, 55-1 1 Firestone, stated that he's a member of the communication committee at PGA West and he's not aware of any complaints about residents being awakened by landscape-maintenance equipment. He supported the comments that have been made. Mr. Robert Tyler, 44-21 5 Villeta Drive, pointed out that some residents live adjacent to golf-course communities, but not in them and don't have any control over their operations. He has been awakened at 4:30 a.m. by headlights and noise from landscape-maintenance operations at a golf course within 75 feet of his home and law enforcement is unable?to do anything about it because there's no ordinance in place to regulate it. He didn't feel that the regulations were unreasonable to ask for and suggested that a seasonal start time be implemented to allow an earlier starting time during the over seeding season, much like what?s done for the construction trade during the summer. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. Mayor Holt complimented the staff on their efforts to make sense out of something that she didn?t believe makes sense. She felt that this ordinance would only cause confusion by trying to regulate an industry that has already been doing what she feels is a superior job of regulating themselves for many years. She agreed that some unique concerns exist, but she has a hard time placing these hardships on the homeowner associations. Council Member Perkins advised that this whole issue started with the use of leaf blowers. He wasn?t opposed to them being used as long as they are used at a decent time and the dust isn't blown into windows and garages and asked why vacuums aren?t used instead. He didn't have a problem with the time element for golf course maintenance, but felt that they should give some consideration to homeowners?who live adjacent to golf courses by mowing those areas last. He doesn't live on a golt course, but does live in a gated community where leaf blowers are used to blow dust off of driveways and their maintenance staff are required to stay ten feet away from garage doors to eliminate having debris blown into their garages. He suggested continuing this issue to allow time for further revision. BIB] 05-24-1996-U01 07:34:20AM-U01 CCMIN-U02 04-U02 16-U02 1996-U02 +QCity Council Minutes 24 April 16, 1996 Council Member Adolph felt that two separate issues exist, pointing out that gated communities on golf courses have two separate contractual gardening systems; one for the golf course and one for the homeowner associations who do a good job of monitoring any complaints they receive. He felt that it would be difficult to enforce these regulations in gated communities, but agreed that some situations should be addressed such as reported by Mr. Tyler. He, too, believed that the ordinance needed further review and suggested that the Council take a hard look at allowing homeowner associations to handle their own problems. In response to Council Member Perkins, Ms. Honeywell, City Attorney, advised that the Council discussed setting?separate standards for golf courses at the public hearing in February, but she wasn't sure that an ordinance would be necessary if the only people regulated by it are the individual homeowners who live outside of golf courses/gated communities with homeowner associations which raised a concern about equal protection rights. Council Member Henderson didn't feel that anyone should be restricted from starting at 6 a.m., but felt that some type of regulation should be implemented to restrict anyone from starting at 4:30 a.m. She, too, wasn't sure that an ordinance is necessary, but felt that those residents who aren't protected by homeowner associations should have some recourse to handle their complaints, possibly by expanding the boundaries of the homeowners associations. Council Member Sniff advised that he's never been comfortable with this ordinance and believes that golf courses should be allowed to govern themselves through their homeowner associations. He, too, wasn't sure that the ordinance is needed and felt that, at the very least, golf course communities should be separated out of it. Council Member Perkins reiterated that he felt there should be some type of protection for residents who don't live in gated communities. He felt that the ordinance should be tabled to give staff time to revise it with some type of regulation whereby those residents would be protected and yet gated communities would be allowed to be responsible for their own areas. Ms. Honeywell clarified for the audience that a tabled" discussion puts it aside until a motion is made by the Council at a later date to reconsider the issue at which time it would be rescheduled for a public hearing and renoticed. She advised that it could also be continued to a certain date instead. BIB] 05-24-1996-U01 07:34:20AM-U01 CCMIN-U02 04-U02 16-U02 1996-U02 +QCity Council Minutes 25 April 16, 1996 Council Member Sniff wished to direct staff to address all of the concerns and separate golf course communities from this ordinance. Ms. Honeywell suggested that the starting time could be set at 6 a.m. to simplify the regulations and allow exemptions for the over seeding season if necessary. Mayor Holt advised that she couldn?t support anything except a motion to table the issue. She felt that the unique problems should be addressed somehow in the future. In response to Council Member? Henderson, Mr. Herman, Community Development Director, advised that staff has been working on this issue since 1993 and would need more specific direction before making further revisions. MOTION- It was moved by Council Members Sniff/Adolph to table this issue. Ms. Honeywell advised that a motion could be made to deny the ordinance as opposed to leaving the status of the issue open by tabling it. Motion was withdrawn. MOTION It was moved by Council Members Sniff/Adolph to deny the amendment to Chapter 6.17 of the La Quinta Municipal Code Landscape Maintenance Operations). Motion carried with Council Member Perkins voting NO. MINUTE ORDER NO.96-61. Council recessed to Redevelopment Agency meeting. Council reconvened. JOINT PUBLIC HEARING WITH THE LA QUINTA REDEVELOPMENT AGENCY 3. AGREEMENT AND ESCROW INSTRUCTIONS FOR THE SALE OF REAL PROPERTY BY AN BETWEEN THE CITY OF LA QUINTA AND MR. & MRS. JOSE SANCHEZ FOR THE PROPERTY LOCATED AT 53-880 AVENIDA VILLA. Mr. Frank Spevacek, consultant with Rosenow, Spevacek Group, advised that the purpose of the public hearing is to take public testimony regarding the sale of property owned by the Redevelopment Agency to Mr. & Mrs. Jose Sanchez. The property was purchased by the Agency in August, 1995. to preserve itw.?;;;t.* affordable housing covenant. The previous owner purchased it from Stockman BIB] 05-24-1996-U01 07:34:20AM-U01 CCMIN-U02 04-U02 16-U02 1996-U02 +QCity Council Minutes 26 April 16, 1996 Development in 1992 as part of an affordable housing project, but could not find a qualified buyer when they needed to relocate and approached the Agency about purchasing it to preserve the affordability covenant. The Agency purchased the house at a cost of $110,000, of this amount, $34,632 was the existing Agency second trust deed mortgage, with an additional $75,368 paid by the Agency to retire the first trust deed mortgage. In February, 1996, the Agency received an offer of $111,500 from the Sanchez', who qualified for first trust deed financing subject to a lender?s appraisal. The appraisal indicated a current market value of no more than $102,000. The escrow instructions provide that the property would be sold to the Sanchez' for a price of $102,000. $73,675 would be funded through their first trust deed mortgage and $28,325 would be financed through an Agency second trust deed. The second trust deed mortgage of about $34,632 will be recorded against the property to insure the continued affordability to low- income households and covenants that will last for 30 years. In response to Mayor Holt, Mr. Spevacek advised that this is a typical transaction relative to redevelopment agency affordable housing assistance. It's also typical in that affordability covenants are recorded as part of the second trust deed and the Agency is given the first right of refusal to re purchase the unit to preserve that covenant. The Mayor declared the PUBLIC HEARING OPEN. There being no one wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. MOTION It was moved by Council Members Sniff/Adolph to approve the agreement and escrow instructions regarding the disposition of the property located at 53-880 Avenida Villa. Motion carried unanimously. MINUTE ORDER NO. 96-62. BUSINESS SESSION.........................continued 10. CONSIDERATION OF ACCEPTANCE OF SPORTS COMPLEX IMPROVEMENTS PROVIDED BY COACHELLA VALLEY RECREATION AND PARK DISTRICT. Council Member Henderson felt that all of the work that went into these improvements deserved recognition. She felt that the City should work aggressively with the District to secure the use of the remaining funds for District No. 4 for the City's park facilities as soon as possible. BIB] 05-24-1996-U01 07:34:20AM-U01 CCMIN-U02 04-U02 16-U02 1996-U02 +QCity Council Minutes 27 April 1 6, 1996 Council Member Adolph hoped that a commitment exists to insure that the fields are maintained and ready for use. He felt that each field should have a hose bib to enable routine watering of the fields. Ms. Nicholson, Parks & Recreation Director, advised that $35,000 remains in the fund for District No. 4 and she felt that it would be appropriate for the City to send a list of requested improvements to the District. Mr. Genovese, City Manager, advised that staff would prepare a list of options for Council to consider before forwarding it to the District. Council Member Perkins agreed that hose bibs should be installed at each field and felt that they should be behind the pitchers mound. In response to Council Member Perkins, Ms. Nicholson advised that staff is working on an agreement with various sport groups to help maintain the fields. MOTION It was moved by Council Members Sniff/Henderson to accept the Sports Complex improvements provided by the Coachella Valley Recreation & Park District. Motion carried unanimously. MINUTE ORDER NO. 96-63. REPORTS AND INFORMATIONAL ITEMS All reports were noted and filed. DEPARTMENT REPORTS H-i. PRELIMINARY TRAFFIC STUDY REPORT ON HIGHWAY 111 ENTRANCE TO VON'S SHOPPING CENTER. In response to Council Member Adolph, Mr. Cosper, Public Works Director, advised that staff proposes to eliminate the current westerly entrance to Plaza La Quinta near Lumpy?s and move it eastward approximately 300 feet to accommodate the properties on both sides of Highway 111. He advised that the parking lot would require some reconfiguration, but no loss of parking spaces is expected. Staff does not anticipate eliminating the easterly entrance because it will be restricted to right-in, right-out turns once the median is constructed and carries only a minimal amount of traffic. Council Member Adolph questioned the need for its existence to Mr. Cosper responded that staff would look at it further. BIB] 05-24-1996-U01 07:34:20AM-U01 CCMIN-U02 04-U02 16-U02 1996-U02 +QCity Council Minutes 28 April 16,1996 In response to Council Member Sniff, Mr. Cosper advised that staff recommends that CalTrans be contacted and plans made to incorporate these improvements into next year?s Capital Improvement Program. This particular plan has not been discussed with the owners of Plaza La Quinta, but staff has discussed changing this intersection with them in the past and will put them on notice of these plans as soon as details are worked out with CalTrans. In response to Council Member Perkins, Mr. Cosper advised that financial assistance from CalTrans would be solicited, but not expected. A project study report will take a minimum of six months to prepare and the design and approval process through CalTrans will take a minimum of one year to complete which could then be i?corporated into the Capital Improvement Program for 1 997/98. C?1. REPORT ON DEDICATION OF FRITZ BURNS COMMUNITY PARK AND ADAMS PARK. Mrs. Juhola, City Clerk, asked the Council for direction regarding the scheduling of dedication ceremonies for the Fritz Burns Community Park and Adams Park as well as dedication plaques. In response to Council Member Sniff, Mr. Cosper, Public Works Director, advised that the playground equipment would be installed in two or three weeks. Council concurred on scheduling the dedication ceremonies for June 8, 1996 at 9:00 and 11:00 a.m with dedication plaques at both parks. Mrs. Juhola advised that the Volunteer Firemen's Appreciation Dinner is tentatively scheduled to be held at the Cliffhouse on May 16, 1 996. STUDY SESSION DISCUSSION OF DRAFT CITY CHARTER. Council Member Perkins felt that the draft charter prepared by the City Attorney was excellent and that the City should move forward. BIB] 05-24-1996-U01 07:34:20AM-U01 CCMIN-U02 04-U02 16-U02 1996-U02 +QCity Council Minutes 29 April 16, 1996 Ms. Honeywell, City Attorney, advised that the draft is primarily based on the City of San Marcos Charter, but also includes strong verbiage regarding economic development. Mr. Weiss, Assistant City Manager, advised that two public workshops are scheduled for June 8 and June 20, 1996. Council Member Sniff sure that Saturday was a good day to have a workshop because of poor attendance. Mr. Genovese, City Manager, advised that the two dates were selected in an attempt to make attendance pos?ble to everyone. He advised that the City Manager, City Attorney, and Assistant City Manager would answer the public?s questions at the workshops and then bring back to the Council any feedback they receive for Council's consideration. Mr. Genovese felt that public awareness is important because positive community support is necessary to gain a majority vote. He advised that the workshops were tentatively scheduled in June to provide sufficient time to publicize them. Mayor Holt asked if it would be beneficial to place a resident-response survey in the Chamber Newsletter to gain input from the public. Mr. Weiss advised that staff proposes to use a question/answer form to address the community's anticipated questions, similar to that used by the City of San Marcos in their public-relations campaign. The City Attorney is investigating the legalities related to publishing this question/answer form after the issue is placed on the ballot. Council Member Sniff suggested using a flyer in the mail to get the information out to the residents. Council Member Perkins felt that a press release should go out right away because of the number of residents that leave for the summer. He also felt that the press release should be shortened to include only the most important points to avoid unwanted editing by the newspaper. Council Member Henderson suggested posting information on the bulletin boards as well as an informational flyer on the agenda packet table in the Council Chamber, in addition to newsletter announcements and flyers in the mail. BIB] 05-24-1996-U01 07:34:20AM-U01 CCMIN-U02 04-U02 16-U02 1996-U02 +QCity Council Minutes 30 April 16, 1 996 Mr. Weiss pointed out that the cost of doing a residential mailing of a flyer is not included in the estimated election costs of $13,000. Council Member Sniff believed the flyer should include very relevant, simple and straight-forward questions and answers. Council concurred with the draft Charter and directed staff to proceed with the necessary steps to place this matter on the November ballot. MAYOR AND COUNCIL MEMBERS' ITEMS 1. Council Member Adolph referred to a letter from Betty Marra regarding a memorial monument for women veterans and suggested that the Chamber Newsletter be utilized to try to find out how many are located in the City. Council concurred on considering this matter when a request for funding is received. 2. Council Member Sniff asked about the New Leaf Award Program to which Mrs. Juhola, City Clerk, advised that the schools have not responded to a letter that was sent to them 4-6 weeks ago. She advised that she would contact them by phone. Council recessed to Closed Session as delineated on Page 16. Council reconvened with no decision being made which requires reporting pursuant to Section 54957.1 of the Government Code Brown Act). There being no further business, the meeting was adjourned. Res ctfully submitted, SAUNDRA L. J JUHOLA, City Clerk City of La Quinta, California BIB] 05-24-1996-U01 07:34:20AM-U01 CCMIN-U02 04-U02 16-U02 1996-U02