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2005 07 19 CC Minutes LA QUINT A CITY COUNCIL MINUTES JULY 19, 2005 A regular meeting of the La Quinta City Council was called to order at 2:00 p.m. by City Clerk June Greek who announced the meeting would be in recess to and until the hour of 3:00 p.m., due to lack of a quorum. CLOSED SESSION - NONE RECONVENE - The meeting was reconvened by Mayor Adolph at 3:00 p.m. CALL TO ORDER PRESENT: Council Members Henderson, Osborne, Sniff, and Mayor Adolph ABSENT: Council Member Perkins MOTION - It was moved and seconded by Council Members Sniff/Henderson to excuse the absence of Council Member Perkins. The motion was unanimously carried with Council Member Perkins ABSENT. PLEDGE OF ALLEGIANCE Mayor Adolph led the audience in the Pledge to the Flag. PUBLIC COMMENT Justin Carter, 53945 Eisenhower, spoke regarding his experiences over the past two years, while he was remodeling a home in the cove for his family. He said a neighbor has threatened him and his family and his home has been burglarized on eight occasions. When his neighbor was finally arrested for another offense, he was only sentenced to two years in jail and Mr. Carter is now putting his home up for sale because he and his family do not feel it is safe to live there. Mayor Adolph asked that Lt. Navarro, who was in attendance, speak with Mr. Carter to determine what the Sheriff's Department might do to assist him. City of la Quinta City Council Minutes 2 July 19, 2005 CONFIRMATION OF AGENDA At the request of Mayor Adolph, Consent Calendar item number 11 was moved to Business Session item number 10. MOTION: It was moved and seconded by Council Members Sniff/Osborne to confirm the agenda as modified. The motion carried unanimously with Council Member Perkins ABSENT. WRITTEN COMMUNICATIONS 1 . CORRESPONDENCE FROM THE LA QUINT A PLAYHOUSE, DATED JULY 12, 2005. Jo Anne Reeve, Artistic Director, 78185 Cortez Lane, Indian Wells, outlined the new season for the playhouse and presented the City Council with a letter from the merchants at Old Town and a petition encouraging a Permanent Theater for the Playhouse. Kaye Hammon, 47940 Via Jardin, spoke in favor of the City sponsoring the La Ouinta Playhouse during its 2005-2006 season. She stated her letter makes a formal funding request of $50,000. Council Member Sniff requested this matter be placed on the City Council agenda of August 2, 2005 for consideration. APPROVAL OF MINUTES 1. MINUTES OF THE MEETING OF JUNE 15, 2005. MOTION - It was moved and seconded by Council Members Sniff/Henderson to approve the City Council Meeting Minutes of a Special Meeting of June 1 5, 2005. The motion was carried with Council Member Perkins ABSENT. 2. MINUTES OF THE MEETING OF JULY 5, 2005. MOTION - Council Member Henderson noted a correction on page six of the minutes of July 5, 2005 under League of California Cities. She said it states she chairs the sub-committee and that is incorrect. She is only a member of the sub-committee. It was moved and seconded by Council Members Sniff/Henderson to approve the minutes of July 5, 2005 as amended. City of la Quinta City Council Minutes 3 July 19, 2005 The motion was carried with Council Member Perkins ABSENT and Council Member Osborne ABSTAINED. CONSENT CALENDAR NOTE: Consent Calendar items are considered to be routine in nature and will be approved by one motion. 1. APPROVAL OF DEMAND REGISTER DATED JULY 19, 2005. 2. TRANSMITTAL OF TREASURER'S REPORT DATED MAY 31,2005. 3. TRANSMITTAL OF REVENUE AND EXPENDITURE REPORTS DATED MAY 31, 2005 AND INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING JUNE 30, 2005. 4. DENIAL OF CLAIM FOR DAMAGES FILED BY PAUL CHRISTIANSON - DATE OF LOSS: APRIL 28, 2005. 5. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH BOYLE ENGINEERING CORPORATION FOR ON-CALL PLAN CHECK SERVICES. 6. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP NO. 31202-4, RANCHO SANTANA, OAK TREE INDUSTRIES, INC. 7. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP NO. 31202-3, RANCHO SANTANA, OAK TREE INDUSTRIES, INC. 8. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE FOR AVENUE 52 STORM DRAIN IMPROVEMENTS. 9. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY DEVELOPMENT DIRECTOR TO ATTEND THE CALIFORNIA CHAPTER AMERICAN PLANNING ASSOCIATION TO BE HELD AT YOSEMITE NATIONAL PARK, CALIFORNIA, OCTOBER 30 TO NOVEMBER 2, 2005. 10. APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH THE LA QUINTA ARTS FOUNDATION. City of La Quinta City Council Minutes 4 July 19, 2005 11 . APPROVAL OF PLANS AND SPECIFICATIONS FOR IMPROVEMENTS TO THE POINT HAPPY AND SOLITUDE ART PIECES, AUTHORIZATION TO UTILIZE ART IN PUBLIC PLACES FUNDS FOR IMPROVEMENTS, AND MODIFICATIONS TO CONTRACT WITH RAY LOPEZ ASSOCIATES. (Clerk's notation: Please see page 10 for action on this matter.) 12. APPROVAL OF A MEMORANDUM OF PARTICIPATION BETWEEN THE CITY OF LA QUINT A AND THE COMMUNITY ACTION PARTNERSHIP RIVERSIDE COUNTY. MOTION: It was moved and seconded by Council Members Sniff/Henderson to approve the Consent Calendar as recommended. Consent Calendar items six and seven were approved by RESOLUTIONS NO. 2005- 058 and 2005-059 respectively. The motion carried with Council Member Perkins ABSENT. BUSINESS SESSION 1 . CONSIDERATION OF A RESOLUTION APPROVING THE FISCAL YEAR 2005- 2006 CITY OF LA QUINT A BUDGET AND ESTABLISHING THE CITY'S APPROPRIATION LIMIT. Finance Director John Falconer presented the staff report. Members of the City Council each thanked the Finance Director and staff and the City staff for the hard work they have done to help annually achieve its goal of a balanced budget and continuing to build reserves to protect the residents of La Ouinta. RESOLUTION NO. 2005-060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, ESTABLISHING THE CITY'S APPROPRIATION LIMIT FOR FISCAL YEAR 2005-2006 AND APPROVING A BUDGET FOR FISCAL YEAR 2005- 2006. City of La Quinta City Council Minutes 5 July 19, 2005 MOTION: It was moved and seconded by Council Members Sniff/Osborne to adopt a resolution approving the Fiscal Year 2005-2006 City of La Ouinta Budget. The motion carried with Council Member Perkins ABSENT. MOTION: It was moved and seconded by Council Members Sniff/Henderson to receive and file the Five-year Resource Allocation Plan. The motion was carried with Council Member Perkins ABSENT. Richard Oliphant, asked to have a moment to thank the City Council for their action in funding the University of California - San Bernardino, Palm Desert Campus. He said the donation has enabled them to be very near to reaching their goal. 2. CONSIDERATION OF A LEASE AGREEMENT WITH THE CHAMBER OF COMMERCE FOR A PORTION OF PHASE II OF THE LIBRARY. Director of Building and Safety Tom Hartung presented the staff report. He stated the Phase II portion of the library is expected to be completed by October 1, 2005. He reported the Chamber of Commerce is willing to pay up to $12,000 per year for the use of the room and up to $250 per month for utility costs. Council Member Sniff asked if the community room has any windows. Director Hartung stated it has a wall of windows that opens to a community garden. Council Member Sniff asked about the proximity of restrooms. Director Hartung showed the location of restrooms adjacent to the community room that will serve the library patrons as well. He explained the hall would need to have a gate to section it off when the library was not in operation. Council Member Sniff questioned if special electrical hook-ups would be needed to accommodate the Chamber's business machines. Mr. Hartung responded the building has a drop ceiling and the electrical can be easily accessed for the area. In response to Council Member Sniff's question regarding the sufficiency of the $250 per month to cover the utilities, Director Hartung said it would probably not cover the cost, but it would. be difficult to break out the exact amount used for anyone specific area of the building. City of La Quinta City Council Minutes 6 July 19, 2005 Council Member Osborne asked about the proposed period of time the Chamber of Commerce would like to lease this space. Lou Piper, the newly sworn-in President of the Chamber of Commerce responded they would like a term of three years. Council Member Henderson asked if the air conditioning covers all of the building or if the finished library section has a separate unit. Mr. Hartung stated each of the two sections of the library have a separate system. Mayor Adolph asked if the community room will be carpeted or if the Chamber of Commerce would be required to carpet it. Director Hartung stated the carpet is a part of the Phase II construction so it will be installed when the Chamber of Commerce moves into the facility. In response to Mayor Adolph's question about cleaning of the leased area, Mr. Hartung replied if the chamber wishes to have janitorial service, he would suggest they use the same service as the city contracts with, so there are not too many keys to the facility released to the outside. Director Hartung pointed out, if the chamber wished to use the classroom for their Board meetings, they would need to schedule the time and the city would reserve it for their use. Council Member Henderson thanked the Chamber of Commerce for consideration of the need to pay something toward the lease of the space and felt they will be very pleased with the overall upgraded space. She also suggested a yearly report be given by the Chamber outlining their efforts to secure a permanent home. Council Member Sniff said he has always favored this and would like to see a three-year lease with the option for one additional year if necessary. He said he feels the utility cost should be increased to $300 per month. Council Member Osborne asked what the anticipated time period is before the second phase area will be needed by the library. Director Hartung responded it isn't anticipated to be needed any sooner than five years. Mayor Adolph was concerned about the option for an additional year. He stated that decision can be made, if there is a need, at the end of the lease. He felt Highway 111 is a better location and is hopeful the chamber will be looking for a permanent office during the three-year lease period. City of La Quinta City Council Minutes 7 July 19, 2005 Lou Piper, President of the Chamber of Commerce agreed this is an interim solution and said they are very serious about finding a permanent home for the chamber. He said all of the points discussed by the City Council are amenable to the Chamber of Commerce. MOTION: It was moved and seconded by Council Members Sniff/Osborne to authorize the City Manager to enter into an agreement with the Chamber of Commerce for the lease of the Phase Two area of the Library having a term of three years with an option for one additional year subject to approval by both parties, at a rate of $1,000 per month for the lease and $300 per month for utilities. The motion was unanimously carried with Council Member Perkins ABSENT. 3. CONSIDERATION OF AMENDMENTS TO THE CITY CHARTER AND MUNICIPAL CODE, REPEALING CHAPTER 2. 75 CULTURAL ARTS COMMISSION; REPEALING CHAPTER 2.95 COMMUNITY SERVICES COMMISSION; AND ADDING CHAPTER 2.85, CREATING THE ARTS, PARKS AND RECREATION COMMISSION. ACTION: It was agreed by unanimous consensus to continue this item until the meeting of August 2, 2005, due to the absence of Council Member Perkins. 4. CONSIDERATION OF APPOINTMENTS TO VARIOUS CITY COMMITTEES AND COMMISSIONS. ACTON: The City Council agreed by unanimous consensus to postpone this matter until the meeting of August 2, 2005, based on its inability to act on the previous item. 5. CONSIDERATION OF THE RED LIGHT CAMERA ENFORCEMENT PROGRAM, PROJECT NO. 2004-06. Public Works Director Tim Jonasson presented the staff report and asked City Attorney Jenson to assist with the legal aspects of the report. He said, to-date, staff and Transol, have not reached agreement on the form of the agreement. He said the original discussions with Transol were about having a one-year "revenue neutral" trial. He said the objection they have is being responsible for attorney's fees and legal costs. City of La Quinta City Council Minutes 8 July 19, 2005 City Attorney Jenson reported on a case in the City of Costa Mesa which has currently been battling with a number of issues having to do with their red light traffic enforcement program. She said many of their traffic citations were overturned and they were required to make a large number of refunds. She explained one of the reasons was because the City of Costa Mesa failed to give a proper 30-day notice prior to implementing the program. She stated the other issue involved intersections with shared jurisdictions. The Costa Mesa case is on-point because. the intersections on Highway 111 which La Ouinta is considering are all shared with Cal Trans. A second intersection being considered, shares jurisdiction with two other cities. The court ruled the timing of the signals was controlled by Cal Trans and since the City of Costa Mesa could not guarantee the timing of the signals it had no authority to issue the citations. She advised if the City of La Ouinta is to proceed, it will require an agreement with all jurisdictions involved before an intersection can be traffic-controlled using the cameras. City Attorney Jenson said it was her understanding the revenue neutral aspect that was proposed originally meant the City would not incur legal expenses associated with the program. Based on that understanding the agreement was set up so that the City was indemnified by Transol. Since there has been a change in personnel at Transol, their management did not have this understanding and that is one of the points which must be worked out in the agreement if it is to go forward. Mayor Adolph asked if the City Attorney has spoken with the City of Indian Wells about their program. Ms. Jenson replied it is her understanding Indian Wells has discontinued their program. She indicated she believes Nick Nickerson, the City's Contract Project Manager, has been in touch with the City of Indian Wells. Council Member Henderson expressed disappointment that this has taken over a year to get to this point; only to learn the company is not willing to do what they originally proposed to the City. She said she would like to see the City do further investigation of other firms involved in this type of project. She said she believes the City of Palm Desert is not interested in being involved in this kind of a program. She also expressed concern about the prospect of litigation and the costs involved. City Attorney Jenson said the sales representative of Transol who made the original proposal to the City of La Ouinta is no longer with that firm. She felt the City should prepare a contract for this program, present it to Transol and they have the option of accepting the conditions or not. She felt it was City of La Quinta City Council Minutes 9 July 19, 2005 important for staff to have the City Council's input before they finalized a contract. Nick Nickerson, Contract Project Manager, said the City prepared a Request for Proposal for this program which was sent out widely and only two responses were received. He said the one other proposal in response to the RFP, did not respond to the scope of the RFP in the manner the City Council intended. He said the scope of work from Transol met with the contractual goals of the City. He said the "revenue neutral" issue is where they are not in agreement. He listed the three areas that represent costs that will be incurred by the City: 1) the service and the equipment provided at the intersections chosen by the City; 2) the cost to have the Police Department review and process the citations; and 3) the legal costs of attorneys and litigation. He thought a new RFP might be required to start the process all over again. Council Member Osborne asked if Transol is the company who proposed the installation that would not create any additional street work. Mr. Nickerson said only minor work would be needed for electrical connections, etc. Council Member Osborne asked if the agreement would still be based on a one-year test program. Mr. Nickerson confirmed the company is calling this a Beta Test Program for a 12-month period of time. In response to Council Member Osborne, Mr. Nickerson said the City of Indian Wells has discontinued their program due to road construction at the two sites where they had red-light cameras installed. Council Member Sniff felt this may require the RFP process to be repeated. He also said the multi-jurisdiction intersections may be an even bigger problem getting concurrence. He asked if the Sheriff's Department has been asked to comment on this program. Lt. Ruben Navarro, of the Riverside Sheriff's Department said the department does not oppose this program if the City can work it out. He stated they view it as another tool that can be used. He said as to the amount of time required to do the review and citations, Indian Wells was spending a minimum of six (6) hours a week on review, not including court time. He said the raw data shows 45 collisions at Highway 111 and Washington Street, and 1 2 collisions at the Fred Waring/Washington Street intersection so far this year. In response to Council Member Osborne he advised he didn't have the statistics for Highway 111 and Adams Street. City of La Quinta City Council Minutes 10 July 19, 2005 Council Member Henderson said she knew, during the earlier presentations, the City would have to fund the cost of the review of tapes and the citation procedure by the Sheriff's Department. She said her major concern is to have enforcement taking place to curtail this dangerous practice of running red lights. Council Member Osborne commented on Council Member Sniff's recommendation to do another RFP. He stated this has already been done once and there were only two responses. He felt costs for police staff to review the camera tapes would not be nearly as high as the cost of another motor officer. He would like to see staff work through the issues with Transol and get an agreement. Mayor Adolph questioned the ability for the City to end the program earlier than one year if the litigation aspect became too burdensome. Mr. Nickerson said "parachute" clauses have been drafted into the agreement that Transol has not strongly objected to. Council Member Sniff asked about the potential litigation costs. City Attorney Jenson stated she would be willing to obtain the costs the City of Costa Mesa has incurred and what they were for. Mayor Adolph requested the costs from the City of Indian Wells also be included when the matter comes back to the Council. MOTION: It was moved and seconded by Council Members Henderson/Osborne to continue to negotiate with Transol with the understanding that the Red Light Camera Enforcement Program may not be revenue neutral to the City, in which case a future appropriation request from General Fund reserves would be proposed; and bring back a final agreement to the City Council. The motion was unanimously carried with Council Member Perkins ABSENT. RECESS: The City Council took a short recess at 4:30 p.m. and recessed to the Redevelopment Agency. The meeting was reconvened by Mayor Adolph at 6:04 p.m. City Manager Genovese asked the City Council to consider the matter of the Arts and Public Places expenditure at this time. City of La Quinta City Council Minutes 11 July 19, 2005 11 . APPROVAL OF PLANS AND SPECIFICATIONS FOR IMPROVEMENTS TO THE POINT HAPPY AND SOLITUDE ART PIECES, AUTHORIZATION TO UTILIZE ART IN PUBLIC PLACES FUNDS FOR IMPROVEMENTS, AND MODIFICATIONS TO CONTRACT WITH RAY LOPEZ ASSOCIATES. The City Manager stated staff has reviewed the concerns of the Building Industry Association (BIA), and find the recommended action fits well within the code and is an appropriate use of the funds. City Attorney Jenson concurred the City's Municipal Code allows the use of Arts in Public Places Funds for Landscaping and improvements to the display areas of any existing public art. Council Member Henderson said she appreciates the position of the BIA. She stated she is willing to ask staff to bring the Arts in Public Places Ordinance back to the Council for clean-up, if there are areas that aren't as clear and specific as they should be. Fred Bell representing the Building Industry Association (BIA) spoke regarding the use of Arts in Public Places Funds for improvements to existing art. He said the problem the BIA has with the use of the funds is that one of the pieces has been officially accepted; the other is landscaping is not specifically mentioned in the ordinance. He said if the City is willing to do a clean up on the ordinance to make it more specific he is sure the BIA would be fine with that, however, at this point their objections stand. MOTION: It was moved and seconded by Council Members Henderson/ Sniff to approve the plans and specifications for improvements to the Point Happy and Solitude Art Pieces, authorize an expenditure of Arts in Public Places funds in an amount not to exceed $22,500, and approve a modification to the contract with Ray Lopez Associates for construction and installation of improvements to the art pieces. The motion was unanimously carried with Council Member Perkins ABSENT. RECESS: Mayor Adolph recessed the meeting at 6:10 p.m., to and until the hour of 7:00 p.m. 6. CONSIDERATION OF THE FORMATION OF AN AUDIT COMMITTEE. Finance Director Falconer presented the staff report and indicated he is available for any questions the City Council might have. City of La Quinta City Council Minutes 12 July 19, 2005 Council Member Henderson stated, if the City Council forms an Audit Committee, she feels a representative from the City's Investment Advisory Board needs to be appointed. Director Falconer said, in the past, members of the Investment Advisory Board have been utilized to serve on an ad hoc committee to select the auditors. Mayor Adolph said he is not sure he sees a need to do this, since the City of La Ouinta has, in the past, used an ad hoc committee to serve in this capacity. He said the members of other valley city's committees are all in- house staff and are the same people who deal with this on a daily basis. Council Member Osborne said his reason for bringing this up, was he feels an Audit Committee could help prevent an issue from coming up. He said his suggestion regarding the makeup of a committee of this kind would be: two members of the Council; the City Manager; the Finance Director; and the Chairman of the Investment Advisory Board. He said the auditor would be selected by that committee and would report to the committee, as opposed to just City staff. He explained the committee would meet to select the auditor; during the audit to address anything that might have come up during the process; and then once again when the audit is completed. He predicted this will be coming to the municipal community in the near future as a recommendation from the League of Cities. Council Member Sniff spoke regarding the efforts the City has already made as a result of a bad past experience to protect the City's funds and to put safeguards in place. He felt that there isn't a need for this committee at this point in time. He said the City is very well-run and very secure. Council Member Henderson said her experience has shown her that an audit committee is only as good as the questions they ask. She stated she has served on several audit committees and believes if the right questions aren't asked the committee doesn't learn anything more than what they are told. She asked Council Member Osborne if he would be willing to prepare a list of questions that need to be asked to get at certain types of information. Council Member Henderson said she feels each Council Member has every right and responsibility to challenge any portion of the audit and it is not complete until accepted by the City Council. Council Member Osborne explained his primary concern is having the auditor responsible to someone other than to staff. He feels he may not be communicating the need for this as clearly as he would like to. He said Audit Committees are being widely used in the Corporate Community now and he's very sure it will be coming to the Municipal Community in a short - '" ,. City of La Quinta City Council Minutes 13 July 19, 2005 period of time. He stated he senses it isn't something to pursue at this time and he is willing to bring this back next year after he's gotten more information at a League of California Cities meeting in October. Council Member Sniff questioned the amount of contact the Finance Director has with the auditor. Director Falconer responded the auditors spend time in the City during the months of March and April doing internal controls and some testing. They return in August and will be present for approximately two weeks, at which time staff will close the books so the auditors can go over the numbers. The audit firm then returns in October or November with the final audit report. Director Falconer in response to Council Member Henderson said he has no control over the work the auditors perform. He said the auditors are more inquisitive of staff than ever because of some of the fraud cases that have taken place in the corporate world. He said they set their own standards and procedures and staff just answers their questions to the best of their ability. He pointed out that the Sarbanes-Oxley Act, when it was established in 2002, had a direct goal of not having management involved in the audit. In fact specifically, each member of the committee must be independent, which means they are not part of the management team and not receiving any compensation from the company being audited. ACTION: matter. City Council agreed by consensus to take no action on this 7 . CONSIDERATION OF A GOLF COMMITTEE FOR SilverRock RESORT. Director of Public Works/City Engineer Tim Jonasson presented the staff report. He introduced Judy Vossler of Landmark who is in the audience for the purpose of answering questions. Council Member Henderson requested that the SilverRock Resort updates be sent out as a separate Items of Interest (101) document on Friday of each week. She said it would make it easier to file and refer back to. Council Member Osborne discussed his reasons for bringing this matter up. He felt the information has been coming to the City Council in a sporadic manner. He said because of the investment the City has in SilverRock Resort he would like to see a better method of keeping the Council informed. City of La Quinta City Council Minutes 14 July 19, 2005 Council Member Sniff stated he doesn't see the value of this committee as it is structured. Mayor Adolph said he appreciates the information included in the staff report and he understands Silver Rock will be operating in the red for a period of time until the resort becomes better established. Mayor Adolph asked Judy Vossler if she can see a benefit to having the City Council involved in this kind of a committee. Judy Vossler, representing the course operator Landmark Golf, addressed the City Council, saying she believes they can provide definite assistance relative to operations but not necessarily through an oversight committee. She said she thinks the comments and impressions of the Council should be given to city staff, so it can be passed on for action when they are having their weekly meetings with the operator. She asked to comment on the other two cities in the valley which have active golf committees. She said in Palm Desert, having a committee is a condition of their liquor license and they meet very informally. In Indian Wells, their Golf Committee had been dormant for a long time, but now they are in the midst of remodeling their course, the committee has been reactivated. Council Member Osborne clarified it was never his intention that this be a golf committee. He was suggesting a SilverRock committee to look at all of the aspects of the project. The City Council by consensus directed that this matter be brought back for consideration at the first meeting in January. City Manager Genovese confirmed staff will produce a separate 101 for SilverRock. 8. CONSIDERATION OF SECOND READING OF ORDINANCE NO. 419, AMENDING CHAPTER 2.04 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATING TO CITY COUNCIL COMPENSATION AND REIMBURSEMENT. MOTION: It was moved and seconded by Council Members Sniff/ Henderson to adopt Ordinance No. 419 on second reading, with the understanding it will be retroactive to July 1, 2005. The motion was carried with Council Member Perkins ABSENT. ......~~ --:0---- ...... - . - City of La Quinta City Council Minutes 15 July 19, 2005 9. CONSIDERATION OF SECOND READING OF ORDINANCE NO. 420, AMENDING THE OFFICIAL ZONING MAP BY REZONING CERTAIN PROPERTY FROM LOW DENSITY RESIDENTIAL TO A MEDIUM HIGH DENSITY RESIDENTIAL DESIGNATION, TO ALLOW A MULTI-FAMILY RESIDENTIAL PROJECT. MOTION: It was moved and seconded by Council Members Sniff/Henderson to adopt Ordinance No. 420 on second reading. The motion was carried with Council Member Perkins ABSENT. STUDY SESSION - NONE REPORTS AND INFORMATIONAL ITEMS Council Member Henderson reported on the Animal Campus Commission. She said the official opening is scheduled for the end of August. She stated a tour of the facility was held on Thursday and the facility is very impressive. She reported naming the facility turned out to be a difficult exercise but it was finally decided the monument sign in front of the campus will read "Coachella Valley Animal Campus." The Animal Samaritans building will have their name on their building sign. One wall of the shelter will read "Animal Services" and the animal facility will have a sign reading "City/County Animal Services" over the front door. Council Member Osborne reported on the CV AG Human and Community Resources Committee. He said they are working on the "cool shelters" throughout the valley to help alleviate the heat for residents who don't have the benefit of air conditioning. Council Member Sniff reported on the CV AG Energy and Environment Committee which discussed the formation of a JPA creating a Conservation Commission. A meeting will be held on August 3, 2005 with himself, Council Member Henderson, the City Attorney, the Director of Community Development and three representatives from CV AG and the Mountain Conservancy participating. City City of La Quinta City Council Minutes 16 July 19, 2005 Attorney Jenson said she also has some concerns as to why they would form a JPA and Commission prior to adoption of a plan. Council Member Sniff reported the C.V. Mountains Conservancy met Monday, July 11 th, and he said they acted on several action items concerned with property acquisitions. Council Member Henderson reported the League of California Cities is concerned with legislation submitted by State Senator Tom McClintock, regarding eminent domain, that could stop cities from being able to do low-mod housing projects. DEPARTMENT REPORTS There were no further reports from the City Manager, City Attorney, City Clerk or Department Heads MAYOR'S AND COUNCIL MEMBERS' ITEMS Council Member Sniff stated he looked at the palm trees on Ave. 48 and Adams, and the trees have been trimmed and look much better. Mayor Adolph asked that the dead tree in the center median just north of La Ouinta Drive be removed. PRESENTATIONS There were no presentations made. PUBLIC HEARINGS 1. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION: 1) CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2005-535; AND 2) APPROVING TENTATIVE TRACT MAP 33336, THE SUBDIVISION OF EIGHT ACRES INTO 23 SINGLE-FAMILY AND OTHER MISCELLANEOUS LOTS, LOCATED ON THE NORTH SIDE OF AVENUE 58, 1,950 ± FEET WEST OF MADISON STREET. APPLICANT: GLC/DUC LA QUINTA, LLC City of La Quinta City Council Minutes 17 July 19, 2005 Community Development Director Doug Evans presented the staff report. He overviewed the plans for the City Council and was available for questions. Mayor Adolph asked if additional street improvements would be required. Mr. Evans responded there are conditions for improvement along Avenue 58. Council Member Osborne, asked if the joint entrance is owned by the same group. Director Evans said the shared access was a requirement of the other subdivision. The owner of the property decided to sell the balance of the land and it was approved at a director's hearing to remove one large lot and approve the remainder. Mayor Adolph opened the public hearing at 7:08 p.m. Shawn Milligan, 20040 Glenkirk Court, San Jose, representing DUC Housing Partners, said DUC is partnering with Granite Construction Company on this project. He said there is a wall surrounding Mr. Baker's property, which is the "not a part" lot on the map. He said the housing product is envisioned to be single-story. He said the grade level is the same as the adjacent property. Council Member Osborne asked if there is a height restriction to permit only single-story homes. Mr. Milligan responded there is a view restriction on the three lots north of Mr. Baker's property, but no height restrictions on the west side of the property. There being no further requests to speak, Mayor Adolph declared the public hearing closed at 7:12 p.m. MOTION: It was moved and seconded by Council Members Henderson/Sniff to adopt a resolution entitled: RESOLUTION 2005-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR TENTATIVE TRACT MAP 33336 ENVIRONMENTAL ASSESSMENT 2005-535 GLC/DUC LA QUINT A, LLC City of La Quinta City Council Minutes 18 July 19, 2005 The motion was unanimously carried with Council Member Perkins ABSENT. MOTION: It was moved and seconded by Council Members Sniff/Osborne to adopt a resolution entitled: RESOLUTION 2005-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA APPROVING THE SUBDIVISION OF EIGHT ACRES INTO 23 SINGLE FAMILY RESIDENTIAL AND MISCELLANEOUS LOTS CASE NO.: TENTATIVE TRACT 33336 GLC/DUC LA QUINT A, LLC The motion was unanimously carried with Council Member Perkins ABSENT. 2. PUBLIC HEARING TO ADOPT A RESOLUTION OF THE CITY COUNCIL APPROVING THE SETTING AND PLACEMENT OF RESIDENTIAL WASTE COLLECTION AND SERVICE FEES ON THE TAX ROLLS FOR RESIDENTIALLY DEVELOPED PROPERTY AND ADOPTION OF A RESOLUTION SETTING COMMERCIAL AND ROLL-OFF WASTE COLLECTION AND SERVICE FEES. Community Development Director Doug Evans presented the staff report. He stated the commercial rate does meet with the CPI and is a modest increase for the residential component. He said he is available for City Council questions. Mayor Adolph questioned how La Ouinta's rates compare to other cities. Mr. Evans commented the rates are very favorable, he listed the rates in several other valley cities and La Ouinta is roughly $1.00 to $2.00 lower per month. Mayor . Adolph asked how much longer the contract is with Waste Management. City Manager Genovese said it is a seven-year contract and is now in the fifth year. Community Development Director Evans responded to Mayor Adolph's questions stating the contract allows for it to be increased and originally Waste Management requested 100% of the Consumer Price City of La Quinta City Council Minutes 19 July 19, 2005 Index (CPI) and after negotiations with staff they agreed to an increase of 50% of the CPI. Mayor Adolph opened the Public Hearing at 7:20 p.m. and asked the representative of Waste Management to make any comments on their behalf. Deborah McGarry, explained Waste Management's original request of 100% of the CPI was due to the increase in the cost of fuel. Council Member Henderson asked if the program for E-waste has gone into effect. Ms. McGarry said they have voluntarily implemented a new program that provides a curb-side electronic waste pick-up. She said this allows for pick-up of old televisions, computer monitors, etc. She said a call to Waste Management for a special pick-up is all that is necessary. Prior to this going into effect in February, 2005, there was a fee to pick up these items, which are called CRT's and are no longer permitted in landfills. She said if they are broken they are considered a hazardous material but, if intact, they will pick them up. Ms. McGarry said this is a twice-a-year pickup with Waste Management donating the containers and Riverside County also participates. The bulky item pickups are also provided to the residents of La Ouinta (up to four items, four times per year.) Council Member Sniff questioned the conversion of Edom Hill. Ms. McGarry explained that in California, all cities are required to meet (AB 939) requirements for 50 percent diversion rates. She said, if not met, the State can fine a city $10,000 per day. Waste Management, in partnership with La Ouinta, has kept the city's diversion rate at between 56% and 58%. She explained the state is looking at other programs that might possibly raise the diversion rate requirement from 50% to 75%. She stated such an increase will require Waste Management to develop a facility capable of converting household waste into electricity. The increase is estimated to be in the neighborhood of 41 % and will force Waste Management to charge higher fees. Council Member Henderson asked if other cities have accepted the 100% CPI adjustment. She said some of the CPI adjustments have been negotiated as high as 100% with other customers. She said some of their services, such as portable toilets, have added a fuel surcharge to their billing. Rosemary Mindeola, 53660 Avenida Madero, questioned the residential rate for a "special pick-up." Council Member Henderson responded this is Community Development not normal curb-side service; as she understands City of La Quinta City Council Minutes 20 July 19, 2005 it, a special pick-up is when the trash truck operators actually go into the backyards and bring the containers out to the trash truck. Ms. Mindeola asked the City Council to give staff alternative direction rather than approving this action. She said there are a number of people like herself, living in the Cove, who want to see AB 939 fully implemented. She felt Waste Management should provide smaller waste bins and charge a smaller fee for them. She said it isn't so much a question of the rate increase as a question of the size of the trash bins. She said smaller bins will provide an incentive to reduce the amount of trash and increase the amount of recycling. Mayor Adolph advised the matter of the services is not up for discussion at this time, changes in the contract will be negotiable in 2007. Ms. Mindeola stated she would like to have a smaller gray bin. Also, she has not been able to get smaller bins and feels it is unfair to have to pay the same amount as other customers who put out a great deal more trash. Council Member Henderson advised her she can request additional small containers from Waste Management and the size of the gray bin is dictated because it is designed to be picked up by an automated truck. Mayor Adolph closed the public hearing at 7:43 p.m. It was moved by Council Members Sniff/Henderson, to adopt a resolution entitled: RESOLUTION NO. 2005-063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR REFUSE COLLECTION AND RECYCLING SERVICES FROM RESIDENTIAL PROPERTIES WITHIN THE CITY PURSUANT TO LA QUINT A CHARTER AND MUNICIPAL CODE CHAPTER 6.04 RESIDENTIAL WASTE FEE SCHEDULE The motion was unanimously carried with Council Member Perkins ABSENT. It was moved by Council Members Henderson/Sniff to adopt a resolution entitled: RESOLUTION NO. 2005-064 City of La Quinta City Council Minutes 21 July 19, 2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, SETTING THE SCHEDULE OF FEES AND CHARGES FOR THE COLLECTION, RECYCLING (AB 939) AND DISPOSAL OF RUBBISH AND GARBAGE FROM COMMERCIAL CONSTRUCTION, AND INDUSTRIAL (ROLL-OFF) ESTABLISHMENTS AND CERTAIN RESIDENTIAL PROPERTIES (DIRECT BILL) WITHIN THE CITY OF LA QUINTA. COMMERCIAL WASTE FEE SCHEDULE The motion was unanimously carried with Council Member Perkins ABSENT. At the conclusion of the Public Hearings the Mayor returned to the unfinished business on the agenda. (Clerk's notation: please refer to pages 10 and 11) ADJOURNMENT MOTION: It was moved and seconded by Council Members Osborne/Sniff to adjourn at 8:59 p.m. to a regularly scheduled meeting of the City Council to be held on August 2, 2005 in the City Council Chambers, 78-495 Calle Tampico, La Ouinta, CA 92253. The motion was unanimously carried with Council Member Perkins ABSENT. Respectfully Submitted, ~ szj.~ June S. Greek, City Clerk