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1996 06 18 CC Minutes+" LA QUINTA CITY COUNCIL MINUTES June 18, 1996 Regular meeting of the La Quinta City Council of June 18, 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 PUBLIC COMMENT Mr. Wally ReYnolds, 79-860 Fiesta Drive, thanked Council Member Perkins for keeping the Council from moving forward two years ago with a $2 million pool and annual maintenance fee of $250,000. Ms. Kiki HaYnes, P. 0 Box 1140, was pleased with the City's progress and encouraged the Council to be receptive to receiving competitive bids for waste disposal service. In light of the Charter City consideration, she felt that it's important for the Council to explore all services and to be open to competitive bids. Mr. Jim Brockman, 75-930 Osage Trail, Indian Wells, representative of Western Waste Industries, spoke regarding the upcoming expiration of the City's waste disposal contract with Waste Management of the Desert. Western Waste feels confident that they can offer the City indemnification on the good faith" clause if that is an impediment to the City receiving a competitive bid from them. There have been a lot of changes in the industry and they would like to have an opportunity to show the City what they have to offer. Mr. Greg Long, 333 S. Hope Street, Los Angeles, representing Western Waste Industries, pointed out that the City will be free to negotiate with other service providers upon expiration of the current waste disposal contract on June 30, 1 996, adding that the City has no obligation to extend the contract. Should the contract be extended, the City could eliminate the good faith" clause and be in a position to negotiate with other service providers along with Waste Management. He advised that Western Waste is in the position of offering the City an indemnification agreement to protect the City should a lawsuit be filed. BIB] 07-12-1996-U01 09:55:54AM-U01 CCMIN-U02 06-U02 04-U02 1996-U02 +"City Council Minutes 2 June 18, 1996 CONFIRMATION OF AGENDA Mr. Genovese, City Manager, asked that the Marketing Plan Presentation by Mr. Tom Cullinan be rescheduled for a future meeting and that Business Session Item No.4 be deferred until after the Closed Session. Council Member Perkins asked that Mayor & Council Members' Item No.1 be moved to Business Session Item No. 9 and Business Session Item No. 9 be moved to Business Session Item No.10. MOTION It was moved by Council Members Sniff/Henderson to agendize the Marketing Plan Presentation by Mr. Tom Cullinan for a future meeting, defer Business Session Item No.4 until after the Closed Session, move Mayor & Council Members Item No.1 to Business Session Item No. 9, and move Business Session Item No.9 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 June 4, 1 996 as submitted. Motion carried unanimously. ANNOUNCEMENTS None PRESENTATIONS None WRITTEN CORRESPONDENCE LETTER FROM WESTERN WASTE INDUSTRIES REGARDING STATUS OF WASTE DISPOSAL NEGOTIATIONS. Mayor Holt noted that this matter is on the agenda. 2. LETTER FROM WILLIAM & SANDRA ENRIGHT REGARDING COMMUNITY POOL. Council directed staff to respond. BIB] 07-12-1996-U01 09:55:54AM-U01 CCMIN-U02 06-U02 04-U02 1996-U02 +"City Council Minutes 3 June 18,1996 3. LETTER FROM DWIGHT FINE REGARDING DARK SKY ORDINANCE. Council directed staff to respond. 4. LETTER FROM MR. AND MRS. WOLLM REGARDING DARK SKY ORDINANCE. Council directed staff to respond. 5. LETTER FROM MR. AND MRS. DAVID HANNAN REGARDING INFRASTRUCTURE IN THE VILLAGE. Council directed staff to respond. BUSINESS SESSION CONTINUED CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DENIAL OF SETBACK ADJUSTMENT 96-394 FOR THE FRONT. REAR. AND EXTERIOR SIDE YARD FOR GARAGE) OF A SINGLE-FAMILY RESIDENCE IN THE SR ZONE LOCATED ON THE SOUTHWEST CORNER OF CALLE POTRERO AND AVENIDA JUAREZ. APPELLANT: MR. & MRS. R. C. PIERCE. Mr. R. C. Pierce, 82-291 Sierra Avenue, Indio, the appellant. asked for a continuance to October 1 5, 1 996. Mr. Genovese, City Manager, advised that a waiver of rights?as it relates to the permit stream would have to be signed to which the applicant agreed. MOTION It was moved by Council Members Sniff/Adolph to continue consideration of the appeal of Mr. & Mrs. R. C. Pierce Setback Adjustment 96- 394) to October 1 5, 1 996 pending receipt of written waiver of rights as it relates to the permit stream. Motion carried unanimously. MINUTE ORDER NO.96-88. 2. CONSIDERATION OF LA QUINTA CHAMBER OF COMMERCE REQUEST FOR FUNDING FOR FY 1996197 IN THE AMOUNT OF $164,000. Mr. Weiss, Assistant City Manager, advised that the Chamber of Commerce has requested funding of $164,000 for contract services for Fiscal Year 1996/97. If approved, one-half would be funded by the Redevelopment BIB] 07-12-1996-U01 09:55:54AM-U01 CCMIN-U02 06-U02 04-U02 1996-U02 +"City Council Minutes 4 June 18,1996 Agency and one-half by the City. Two limited negotiation meetings were held with the Chamber in respect to the agreement, with staff receiving the proposed funding request at the second meeting. The budgeted amount for the Chamber's contract in FY 1996/97 is $147,500 which is consistent with Last year's funding. He reviewed the alternatives available to Council which were to approve the requested funding of $164,000 and authorize staff to prepare an agreement for Council's consideration on July 2, 1996, authorize preparation of an agreement with an alternative funding level, or request additional information from the Chamber and/or City staff. Mr. Jack Klein, 49-100 Tango Court, President of La Quinta Chamber of Commerce, advised that they hope to achieve the Chamber and City's common goal of showcasing this community to the current residents and businesses as well as visitors and prospective businesses. He reviewed the following scope of services included in the contract: six Mainstreet Marketplace events, 2,500 annual service hours at their Visitors' Information Center, 10 issues of the newsletter, special events such as a golf tournament, 10K Run, Business Expo, Toys for Tots, Wish List for Schools, Youth Education Motivation Program, and economic development which includes a Business Development Task Force and Business Development & Retention Committee. They also publish an annual Directory & Buyers Guide and bi-yearly City map The number of visitor- information inquiries handled by the Chamber have increased dramatically since the opening of their new office and they expect to receive nearly 28,000 inquiries during the next year. La Quinta leads the valley in population growth and housing construction and its taxable retail sales have increased. He advised that the Chamber is able to provide $256,106 in services at a cost of $164,000 to the City due to the large amount of volunteer help they receive, pointing out that it would cost the City $381,082 to provide the same services on its own. In response to Council Member Perkins, Mr. Klein advised that the services outlined in the contract cost the Chamber $256,000 to produce, but they can provide those services to the City for $164,000. Their budget for this year is over $306,000 which does not include the cost value of volunteer help. Council Member Perkins pointed out that many organizations use volunteer help and the City's provision of $164,000 to the Chamber represents more than 50% of the Chamber's annual budget of $306,000. Mr. Jack Sobelman, 52-815 Avenida Martinez, questioned the benefit and necessity of such an expensive newsletter and said he would like to know how many new businesses the Chamber has brought into the community. He felt that the Chamber could d6 a lot for the City, but wasn't sure that the City BIB] 07-12-1996-U01 09:55:54AM-U01 CCMIN-U02 06-U02 04-U02 1996-U02 +"City Council Minutes 5 June 18,1996 is getting its money's worth currently and he felt that the Chamber's financial numbers should be verified. Mr. Tom Freeman, 54-220 Avenida Obregon, spoke in support of the Chamber's request, pointing out that when he worked in the County's Economic Development Department, they looked at the relationships between the cities and their Chambers when trying to relocate businesses. He felt that a City/Chamber partnership is the strongest economic development message that the City can send to businesses. Mr. Greg Shannon, 74-596 Peppertree Drive, Palm Desert, felt that La Quinta's Chamber of Commerce far exceeds any other Chamber in the valley in offering services and that their Chamber Mixers are very beneficial. Mr. Al Newkirk, 55-111 Firestone, advised that he has watched the Chamber make a great deal of progress during his six years of service on its Board of Directors and he feels that it's probably one of the best in the State of a city this size. The funding it receives from the City is not a gift, but rather compensation for services rendered, accomplishing a lot through volunteer help. He supported the publication of the newsletter because of its diversified news coverage and the Chamber's Directory, which is funded solely through advertisement and given to people interested in finding out more about the City. He believes that the City is receiving a bargain in the services provided by the Chamber and that the requested funds would be money well spent. Mr. Dan Featheringill, P.O. Box 101 2, having worked with the Chamber for several years, felt that the City/Chamber partnership is an inexpensive way to accomplish the services provided by the Chamber. He looked forward to the City using the Chamber even more for public relations and economic development work that will save the City even more money. Mr. John Edwards, 81-395 Palmyra Avenue, Indio, advised that the Chamber may be asking the City to fund 50% of their budget, but probably 80-90% of their work is City-related. Mr. Mark Moran, 52-385 Avenida Madero, pointed out that for 10 years the Chamber has been executing the economic development program that the City is just now getting into gear with. Their activities in The Village as well as on Highway 111 are for the purpose of sustaining businesses and showing the potential of the area. The Chamber has been the City's stronghold in its competition for economic development, bringing in 145 new members during their last membership drive. He felt that the last message the City should send BIB] 07-12-1996-U01 09:55:54AM-U01 CCMIN-U02 06-U02 04-U02 1996-U02 +"City Council Minutes 6 June 18, 1996 to the business community is that its cutting back at a time when everyone else is moving forward. Council Member Henderson fully supported the Chamber, but had a problem with the contract and scope of services. She believes in economic development and a City/Chamber partnership, but had several business concerns that she wished to see addressed in the contract and some activities currently listed in the contract that she would like to see removed such as the golf tournament. She felt that golf tournaments are vital fundraising tools, but allocation of staff time as a scope of service was convoluting if part of the City's funds are used to put on a fundraising event. She felt that if the City doesn?t require the golf tournament, then it should be eliminated from the scope of services along with other items such as the Chamber Directory and City Map that include advertising. She didn't understand why the Council has not been given a copy of the Chamber's budget, pointing out that the Chamber's non-profit status was questioned in June 1995, due to the City funding 50% or more of their budget and there could be ramifications as to whether they are non-profit or a quasi government agency. She questioned whether real negotiations between the City and Chamber actually took place and felt that some of the issues should be given further consideration. Council Member Perkins advised that he?s not anti-Chamber of Commerce and he agrees that an active Chamber is valuable td the City, but he wasn't aware that any survey conducted by the Chamber that would verify the cost effectiveness of their services such as the readership of the newsletter. Last year he suggested a 10% reduction in the Chamber's budget and yet this request is for 12% more. He, too, questioned whether real negotiations took place this year, advising that he's never been asked by the Chamber what type of services he wished to see provided. He felt that the Chamber's budget should be a public document so the City can see where the money is being spent if 50% or more of it is going to come from the City. Unless he knows what the money will be used for, he will not support the present funding request of $164,000 and he questioned the need for such an expensive newsletter. He felt that the City is probably paying considerably more for Chamber services than any other city in the valley, pointing cut that Cathedral City's cost is about 20% of La Quinta's and their population is 21/2 times greater than La Quinta. He advised that La Quinta is not a wealthy City and it will be facing serious financial responsibilities in the coming years, therefore, the Council must be responsible in managing its money. He wished for the Chamber to provide service options for the City to choose from. He didn't see the present situation as a good business relationship and would be hard- pressed to support the same amount of funding that the Chamber received last year. BIB] 07-12-1996-U01 09:55:54AM-U01 CCMIN-U02 06-U02 04-U02 1996-U02 +"City Council Minutes 7 June 18,1996 In response to Council Member Adolph, Mr. Klein confirmed that the requested 12% increase is the first in several years. He advised that the newsletter printing costs were reduced last year and the savings were used to distribute 1,000 additional copies to the community. Council Member Adolph pointed out that the Chamber participates in the grand opening of every new business with a ribbon cutting which he feels is a valuable service to the City. In response to Council Member Adolph, Mr. Klein advised that none of the City's funding is used to put on the golf tournament. They use talent from their staff and Board to put on special events for the purpose of showcasing the community and the revenue generated from the golf tournament is used to fund other services in their contract such as the Mainstreet Marketplace. Council Member Adolph asked if the Chamber expects to request increased funding each year and what they are doing to control costs. Mr. Klein advised that they expect new memberships to help their budget, but if the scope of services in their contract increases, it may increase their costs. They evaluate their programs each year and believe that the Mainstreet Marketplace events are beneficial to the City, but they need more money from the City to continue them n the same manner. He pointed out that Palm Springs' taxable sales began to decrease the same year they eliminated their financial support of the Chamber. He advised that Cathedral City contracts with their Chamber for economic development service only and their services are not the same as those provided by La Quinta's Chamber. The bulk of the cost for La Quinta's Chamber is for the Mainstreet Marketplace, Visitors Information Center, and the newsletter. Council Member Henderson felt that the main thrust of a Chamber of Commerce is to support private enterprise and that a City/Chamber partnership for the purpose of economic development is what is desirable. She q?estioned why the Mainstreet Marketplace isn't more self-sufficient and why it and the Mayor's Breakfast are operating at a. loss. She pointed out that businesses that operate at a loss usually find out what's wrong or else close their doors and she asked what is being done to make these events more successful. She wished more than $5,000 budgeted for economic development and less budgeted for special events, noting that the City supports other organizations that provide special events for the community. The City's funding for the Chamber has increased from $58,000 to this year's request of $164,000 since the mid-i 980's and she doesn't see that as maintaining. In researching BIB] 07-12-1996-U01 09:55:54AM-U01 CCMIN-U02 06-U02 04-U02 1996-U02 +"City Council Minutes 8 June 18, 1996 printing costs, she has received a cost estimate of $35,000 for producing 11 issues of an 8-page newsletter. Mr. Klein believed that the City would have to hire more staff if they produced the newsletter which would increase the costs. They learned that printing costs have increased 10-1 5% when they solicited bids this year and they also expect an increase in postage. He advised that they are always willing to negotiate the printing of the newsletter and reduced the paper quality last year, using the savings to increase distribution. They review their projects for effectiveness and would like to be more involved with economic development. Council Member Sniff felt that the future success of the City is directly tied to economic development and that the commercial sector is a vital component to developing the goods and services that the residents require. He felt that the City is fortunate in having the Chamber provide services such as the Mainstreet Marketplace, a newsletter that he feels is a vital component in letting the citizens know what's going on in the community, and a Visitors' Information Center where thousands of hours are spent to provide information and promote the City. He supported the scope of services outlined in the contract, believing them to be productive and cost efficient, and was confident that the Chamber would faithfully fulfill their contract obligations as they have in the past and not support any subterfuge. He believed that a major part of the City's success is due to a Chamber that is strong, efficient, growing, productive, and functional. He fully supported the contract and felt that the relationship of the City and Chamber is a business arrangement and not a partnership. He believed it's important to have a strong Chamber that can support and encourage existing businesses as well as persuade new ones to locate here. He encouraged the Council to look at the positive effect the Chamber has had on the community. In response to Council Member Adolph, Ms. Michelle Dallas, Executive Director of La Quinta Chamber of Commerce, advised that Council Member Sniff, Planning Commissioner Abels, and the Community Development Director, Jerry Herman, are the City's representatives on the Business Development?ent Task Force which meets quarterly. Council Member Adolph didn't feel that an audit of the Chamber's records is necessary as long as they are fulfilling their contract. Until they do otherwise, he has to agree with what they are doing and support their request. Ms. Dallas advised that they met with the City last year to discuss the newsletter and implemented as many of the suggestions as they could. They purged their mailing list to eliminate duplications as was suggested, but the Post Office increased the distribution to 8,000 copies and the Chamber had to BIB] 07-12-1996-U01 09:55:54AM-U01 CCMIN-U02 06-U02 04-U02 1996-U02 +"City Council Minutes 9 June 18, 1996 absorb the extra cost. They reduced the paper quality and number of inks used to cut costs, but expect a major increase in postage costs next year. Ms. Marie Bochnewich, 77-564 Country Club Drive, Palm Desert, legal counsel and Treasurer of La Quinta Chamber of Commerce, spoke regarding the question of whether or not the Chamber is a quasi-public entity and advised that in her opinion, the Chamber is merely in the business of being a private non-profit corporation which provides services to the City as an independent contractor. She felt that the Chamber is not obligated to reveal their budgetary reports as long as their services are provided as agreed. Their by-laws allow any member to review their budget at any time, but they don?t feel that it?s necessary to have it become public record. Council Member Henderson wished to know the legal standing regarding the Chamber's budget and whether or not it's a quasi-government agency. One of the concerns raised last year regarding the possibility of the City producing the newsletter was First Amendment Rights in advertising and questioned the present effect of the City providing 50% or more of the newsletter budget. In response to Mayor Holt, Mr. Genovese, City Manager, advised that the City doesn't usually request budgets for consultant contracts, but generally a provision is included in the contract that allows a review of their records. Ms. Honeywell, City Attorney, advised that last year's contract has a provision that allows the City to examine their records as long as certain procedural guidelines are followed. Ms. Bochnewich advised that the Chamber doesn't wish to disclose every detailed expenditure in the public record since they are an independent contractor, but she felt that a comfortable understanding was reached last year as to how the City can obtain the information it needs. In response to Mayor Holt, Ms. Bochnewich advised that they have not received any requests from the City to examine their records. Mayor Holt felt that the main issues are the value of the entity and the City's ability to pay the requested increase for the contract. She has never looked at the Chamber as a revenue-producing entity, noting that some of their services don't generate revenue, but do have value because of the money spent by the people they bring into the community. She, too, has a problem with increasing the funding, but finds it difficult to decide which of their services to cut because they've brought new businesses into the community and have increased the Chamber's business membership. The only service that BIB] 07-12-1996-U01 09:55:54AM-U01 CCMIN-U02 06-U02 04-U02 1996-U02 +"City Council Minutes 10 June 18, 1996 she could possibly see reducing is the number of Mainstreet Marketplace events, but she wasn't comfortable with eliminating anything since they all have value. She supported the request for funding because she was satisfied with the information the Chamber provided and felt that a price tag couldn't be placed on the value their services bring to the community. Council Member Henderson felt that the newsletter should be produced in a more timely fashion. Mayor Holt suggested that a meeting be held between the Chamber and staff to discuss that concern. Council Member Sniff agreed, but felt that it's a secondary issue and wished to move forward with the Chamber's request. He pointed out that the Chamber is not a revenue producer, but a showcase for the City that can't be measured except to compare the present with the past. MOTION It was moved by Council Members Sniff/Adolph to support the La Quinta Chamber of Commerce 5 request for funds for contract services in the amount of 184,OOO for FY 1998/97. Council Member Henderson advised that she supports the Chamber, but would not support the motion because of her fiscal responsibility to the City. She felt that the Council should address the scope of services that the City wants the Chamber to provide. She supports the Chamber's programs, but doesn't believe that their current scope of services is what the City should be expecting the Chamber to provide. She would consider looking at a 10% reduction from last year's level of funding, adding that the Chamber increased their membership by 145 members which has to increase their own funding level. She hoped they weren't suggesting that the City's funding contribution and their budget should increase as their membership increases. Council Member Perkins agreed with Council Member Henderson son and pointed out that the City helps the Chamber in other ways such as paying the rent on their Cove office and setting up the Mainstreet Marketplace. For the amount of money the Chamber has requested, he felt the City could hire two or three people for economic development. He was concerned that the same issues would exist again next year and that the Chamber would expect another increase in funding, noting that he requested a 10% reduction in their funding last year and they increased it 12%. He saw little change in the newsletter except for a less expensive paper and slightly larger distribution. He supports the Chamber, but believes that the City is going to have to cut back on all of its financial contributions and would consider supporting last year's funding BIB] 07-12-1996-U01 09:55:54AM-U01 CCMIN-U02 06-U02 04-U02 1996-U02 +"City Council Minutes 11 June 18, 1996 amount, but wanted the Chamber to submit options for Council to consider. He didn?t have a problem asking for their budget and felt their contract is somewhat different from other service contracts since more than 50% of their budget comes from the City, unlike any other agency that the City contracts with. He advised that he would vote no. Motion carried with Council Members Henderson and Perkins voting NO. MINUTE ORDER NO.96-89. Council concurred on taking up Business Session Item Nos. 9 and 10 at this time. 9. CONSIDERATION OF PROCEDURE FOR INTERVIEWING BOARD/COMMISSION APPLICANTS. Council Member Perkins felt that the Council should have a set procedure for interviewing applicants and he preferred having them give a brief presentation without a questioning period since the Council has their resumes. Mayor Holt concurred. Council Member Sniff felt that questions are a part of the interview process, but in the interest of compromise, suggested that Council Members be allowed to ask one question of each applicant, based on statements made during their presentation. He felt that judgment of their performance and responses is an important part of the interview since they'll be dealing with public situations. Mayor Holt felt that if an interview process is used, that it should be done by staff to narrow down the list. She felt that a person's character can be determined by their presentation as much as through answers to questions that are sometimes intimidating or inappropriate. She believed that it's extremely intimidating for applicants to have to answer questions at a podium in an open forum when they have no idea what the questions will be. Council Member Henderson agreed that an interview process has value, but unless it's conducted in a more appropriate place such as the Study Session room, she would support just having a brief presentation by each applicant. Council Member Sniff felt that it's important to see how applicants respond under pressure since they will be subjected to that if appointed. He agreed with using a presentation process for these appointments, but felt that Council BIB] 07-12-1996-U01 09:55:54AM-U01 CCMIN-U02 06-U02 04-U02 1996-U02 +"City Council Minutes 12 June 18, 1996 should consider holding special meetings for the interview process for future appointments. Council Member Adolph felt that a question might be appropriate if specific information is not included in a resume, but he didn?t feel that it?s necessary to throw questions at them. In response to Mayor Holt, Mr. Genovese, City Manager, advised that staff would schedule a discussion of the interview process for a future study session. 10. INTERVIEW OF APPLICANTS FOR PLANNING COMMISSION AND INVESTMENT ADVISORY BOARD AND CONSIDERATION OF APPOINTMENTS. Mayor Holt advised that several of the applicants were unable to attend because of commitments that were made prior to the short notification of this meeting. Council concurred on interviewing the applicants that were present and notifying those who were unable to attend that their interviews would be scheduled for the next meeting. INVESTMENT ADVISORY BOARD Council proceeded to interview the following applicants for the Investment Advisory Board: Diana Brown Bruce Sales Robert Frame and Fred Mosher were not present. PLANNING COMMISSION Council proceeded to interview the following applicants for the Planning Commission: Jacques Abels Richard Motter J. Richard Santo Joyce Pena, Andrew Sabol, B. J. Seaton, Alonso Silva, Stewart Woodard were not present. BIB] 07-12-1996-U01 09:55:54AM-U01 CCMIN-U02 06-U02 04-U02 1996-U02 + "City Council Minutes 13 June 18, 1996 3. CONSIDERATION OF FUNDING REQUEST FROM THE LA QUINTA ARTS ASSOCIATION TO PAY FOR LIABILITY INSURANCE FOR AN ARTS GALLERY AT PLAZA LA QUINTA SHOPPING CENTER. Mr. Weiss, Assistant City Manager, advised that the La Quinta Arts Association has requested financial assistance in the amount of $900 for liability insurance for an art gallery in the Plaza La Quinta Shopping Center. Ms. Elaine ReYnoLds, 49-294 Vista Bonita, advised that the goal of the La Quinta Arts Association is to support new upcoming artists that need assistance in applying for art shows. They encourage youth in art through their junior membership and have monthly demonstrations by artists. She felt that the art gallery would help draw people to the Plaza La Quinta Shopping Center. Ms. Millie Blansett, 79-435 N. Sunrise Ridge, President of La Quinta Arts Association, advised that they want to assist new, good artists in the area that need help in displaying their artwork. Members from the La Quinta Arts Foundation and Arts League have offered the Association their expertise. The art gallery which she felt would be an economic benefit to the City, would be operated by volunteers. MOTION It was moved by Council Members Henderson/Perkins to approve the request for funding by the La Quinta Arts Association in the amount of $900 from the Special Projects Contingency Account. In response to Council Member Adolph, Ms. Blansett advised that they have to pay utilities, but no rent. They plan to be open in the evening for artists that work elsewhere during the day. Council Member Adolph supported their request and urged them to promote membership in their organization. In response to Council Member Sniff, Ms. Blansett advised that they have 35 members and will collect 10% of the sales in the art gallery. The art gallery will be located between the Italian restaurant and beauty salon and open seven days a week. Motion ca?ried unanimously MINUTE ORDER NO.96-90. BIB] 07-12-1996-U01 09:55:54AM-U01 CCMIN-U02 06-U02 04-U02 1996-U02 +"City Council Minutes 14 June 18, 1996 5. CONSIDERATION OF AMENDMENT TO LA QUINTA MUNICIPAL CODE, ELIMINATING CHAPTER 2.75 RELATING TO THE VOLUNTEER ADVISORY BOARD AND AMENDING SECTION 2.06.020, GIVING THE CITY COUNCIL DISCRETION IN EXTENDING THE TERM OF ANY BOARD. COMMISSION. AND COMMITTEE MEMBER. Council Member Henderson advised that when this was last discussed, she asked the Council to consider a moratorium on the filling of vacancies that might occur during this one-year period. She felt that the Boards/Commissions would function better without new members during review of their Work Plans.. In response to Mayor Holt, Ms. Honeywell, City Attorney, confirmed that the decision of the Council was to consider such action on a case-by-case basis. She pointed out that all appointments are made at the wIll of the Council and that the language in the ordinance gives the Council very broad discretion. Council Member Sniff understood that the Council would consider vacancies and appointments on a case-by-case basis. He felt it's important for the commissions to feel secure about their continued existence and that it?5 conceivable that a commission might not be functional if vacancies are left open. Council Member Perkins understood that the one-year term extension was to give Council time to consider if any of the commissions should be changed or consolidated and he didn't see any reason why they couldn?t operate with six out of seven members, pointing out that the Council operated with four out of five members for a period of time. Mr. Weiss, Assistant City Manager, advised that the terms of office would be considered at the next meeting. It was moved by Council Members Sniff/Adolph to take up Ordinance No.283 as an urgency measure by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO.283 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA. CALIFORNIA, AMENDING TITLE 2.06 OF THE LA QUINTA MUNICIPAL CODE TO GIVE THE CITY COUNCIL ABILITY TO EXTEND THE TERM OF ANY BOARD, COMMISSION, OR COMMITTEE MEMBER APPOINTMENT; AND ELIMINATING TITLE 2.75 RELATING TO THE CiTY?S VOLUNTEER ADVISORY BOARD AND ADOPTING SAlD ORDINANCE AS AN URGENCY MEASURE. It was moved by Council Members Sniff/Adolph to adopt urgency Ordinance No.283. Motion carried unanimously. BIB] 07-12-1996-U01 09:55:54AM-U01 CCMIN-U02 06-U02 04-U02 1996-U02 +"City Council Minutes 1 5 June 18, 1996 6. CONSIDERATION OF A RESOLUTION APPROVING THE ECONOMIC DEVELOPMENT PLAN. Mr. Weiss, Assistant City Manager, advised that a marketing study and a series of workshops have been held in relation to the Economic Development Plan. On May 7, 1996, the Council directed staff to make certain changes to the Draft Plan. Mr, Spevacek, consultant with Rosenow, Spevacek Group, reviewed the following changes to the draft Economic Development Plan: * expansion of the key assets to include the City's residential and commercial communities, Lake Cahuilla, and residential development and sales activity * expansion of the infrastructure-needs section to incorporate the City's Five- Year Capital Improvement Program as the vehicle through which the City and Redevelopment Agency are pledging available resources to address infrastructure needs in The Village and Highway 111 Corridor * expansion of the implementation policies as they relate to diversifying the City's economic base * pursuing of additional investment returns and defining projects for such investments * emphasizing environmental capability * commitment to updating The Village Specific Plan and developing a Highway 111 Corridor Development Plan * identification of specific activities that will be accomplished if the program is adopted Council Member Henderson wished to see the language on Page 11 in reference to business retention/expansion" included in the Chamber of Commerce contract. She supported the Plan and felt that it will be worthwhile. She suggested that the Chamber be included in the distribution of informational documents on Page 13 and was pleased that the City will be actively seeking the establishment of a mid-priced hotel in the City. She questioned why the Impact and Development Fee was not included in the Plan. BIB] 07-12-1996-U01 09:55:54AM-U01 CCMIN-U02 06-U02 04-U02 1996-U02 +"City Council Minutes 16 June 18, 1996 Mr. Genovese, City Manager, advised that that fee is currently under review and will be presented to Council in approximately four months. In response to Council Member Adolph, Mr. Spevacek advised that the $30,000 referenced in the staff report is an allocation for staff and consultant time to meet with developers, property owners, and users that are interested in developing property within the Highway 111 Corridor. Staff is currently working with the One Eleven La Quinta Shopping Center, Apollo Incorporated, and Chris Clarke in a unified effort to seek developers and users for this area and to find out what can be done to facilitate development opportunities. They are also looking at the associated costs of developing the properties to see if a need exists to provide public investment in regards to infrastructure improvements to facilitate development build-out. In response to Council Member Adolph, Mr. Weiss advised that the City has received contacts through the International Shopping Center Conference attended a few weeks ago and a network is being formed of various retailers, developers, etc. that are interested in establishing businesses in La Quinta. Council Member Adolph felt that it?s important to market the City so that it can economically support the City's residential growth. He fully supported the Plan, but wished to receive a timely report regarding the Plan's progress. RESOLUTION NO.96-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN ECONOMIC DEVELOPMENT PLAN. It was moved by Council Members Sniff/Adolph to adopt Resolution No.96-41 as submitted. Motion carried unanimously. 7. CONSIDERATION OF AN AWARD OF CONTRACT FOR HIGHWAY 111/WASHINGTON STREET WIDENING PROJECT 96-07. MOTION It was moved by Council Members Sniff/Adolph to continue the consideration of an award of contract for Highway 111/Washington Street Widening Project 96-07 to June 20, 1996. Motion carried unanimously. MINUTE ORDER NO. 96-90A. Council recessed to Closed Session to and until the hour of 7:00 p.m. BIB] 07-12-1996-U01 09:55:54AM-U01 CCMIN-U02 06-U02 04-U02 1996-U02 +"City Council Minutes 17 June 18, 1996 CLOSED SESSION 1. Conference with labor negotiator. Tom Hartung, regarding negotiations with the La Quinta City Employees Association pursuant to Government Code Section 54957.6. Meet and Confer Process. 2. Conference with City's property negotiator pursuant to Government Code Section 54956.8. concerning potential terms and conditions of acquisition of real property located at 57-325 Madison Street Property Negotiator: Bernardo Gouthier. 3. Evaluation of Council-appointed position City Clerk pursuant to Government Code Section 54957.6. 4. Conference with legal counsel regarding potential litigation pursuant to Government Code Section 54956.9(b?(3)(C) one case). 700P.M. PUBLIC COMMENT None PUBLIC HEARINGS 1 CITY OF LA QUINTA?S FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM CIP). Mr. Cosper, Public Works Director, advised that staff has revised the draft CIP as directed by Council on April 30 and June 4, 1996. He reviewed the following changes to the CIP: addition of $300,000 in infrastructure funds for traffic signal improvements on Highway 111 at the Plaza La Quinta Shopping Center; addition of $518,589 in Community Service Projects Funds for City- wide park improvements; addition of the City?s annual share of costs for the Washington Interchange project; and addition of $181,411 for additional City-wide park improvements. The CIP identifies $5,645,930 in improvements for FY 19?6/97, 14,927,550 for the Five-Year Forecast, and $16,100,312 for deferred projects, making a total of $31,027,862 for the entire CIP. He advised that the Council is required by law to conduct a public hearing to consider the approval of the CIP and if adopted, it will be incorporated into the City's 1 996/97 budget. Staff recommended that the Council adopt a resolution approving the CIP or make appropriate changes and direct staff to include them in the CIP and resolution before adopting it. The Mayor declared the PUBLIC HEARING OPEN. BIB] 07-12-1996-U01 09:55:54AM-U01 CCMIN-U02 06-U02 04-U02 1996-U02 +"City Council Minutes 18 June 18, 1996 Mr. Jeff Smith, 54-631 Avenida Alvarado, congratulated the Council for the courageous actions they took at the last meeting in regards to the pool and commended Mayor Holt and Council Member Sniff for their steadfast support of this effort. He thanked Council Member Adolph for his courage in joining this support and hoped that the community would have a pool by next summer. Mr. Carl Ingram, 78-625 Sanita Drive, pointed out that much of the City's growth can be attributed to young families and was glad that to see that three-fifths of the Council is family-oriented. He thanked the Council for their efforts on the pool issue. Ms. Joan Rebich, 53-810 Avenida Cortez, member of the Human Services Commission, spoke regarding the need for a pool in the Cove, noting that a number of children use the pools operated by Coachella Valley Recreation & Parks District. She felt that a pool at Fritz Burns Park would give children a safe place to have recreational fun, noting that most of the lots in the Cove are too small for a pool. She didn't feel that the size of the City is a factor because Mecca and Coachella are smaller communities, but have pools. Ms. Caren Brodt, 53-120 Avenida Ramirez, felt that very little affordable, recreational activities exist for the youth in the Cove and thanked the Council Members who support the pool issue. She questioned why a city with La Quinta's resources doesn't have a pool, pointing out that the Fritz Burns Park is useless without one. She also pointed out that the lighting at the tennis courts are left on when no one is using them. Mr. Ed Kibbey, 77-564 Country Club Drive, Suite 400B, Palm Desert, representative of Building Industry Association, questioned why storm drain" was left off the description of Project 199603 in the Revenue Summary, but included in the detail for that project on Page 3. He felt that it's definitely a flood control item that's not authorized for impact fund expenditure in the City's ordinance and he requested that it be changed. He referred to Deferred Project No. DEO2 Eisenhower/Avenue 50 Storm Drain Improvements) in the amount of $247,900 and advised that any portion of that project that deals with storm drain improvements is not authorized under City ordinance to come from infrastructure funds. He also questioned the expenditure of infrastructure funds for DEl 7 Historical Society Museum Acquisition) and asked that it be deleted or funded from another source. Mr. Gilbert Lopez, 52-190 Avenida Herrera, thanked the Council for their action at the last meeting on the pool issue. He felt that the City is moving in the right direction in regards to tourism and business, but he urged the Council to BIB] 07-12-1996-U01 09:55:54AM-U01 CCMIN-U02 06-U02 04-U02 1996-U02 +"City Council Minutes 19 June 18, 1996 not forget the City's youth and to truly make La Quinta the Gem of the Desert" by making Fritz Burns Park a park that stands out in the valley. Mr. Bill Simmons, 45-455 Desert Eagle Court, felt that the people who want a pool should pay for it through an assessment district and that the City should be referred to as La Quinta and not North La Quinta and the Cove. He felt that some of the residents have lost the investment they made when they moved to La Quinta and he was concerned that if the Council continues to take actions like they did at the last meeting, they will lose more. Ms. Jesse Ann Chestnut, 52-680 Avenida Villa, member of the Human Services Commission, spoke in support of the pool. She didn't view the pool as primarily a youth issue, but a community issue. She grew up in La Quinta and saw a lot of community activity take place at the Desert Club pool when it existed. The only activity she sees at the Fritz Burns Park is when children run through the sprinklers in the evening. She recently took her children to the pool at Lake Cahuilla, but it was closed. She felt that it's time to quit dividing the community and to provide something positive instead. She complimented the Council for the manner in which they conduct their meetings. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. Council Member Adolph offered the following comments and questions regarding projects listed in the CIP: * PM1O improvements in the Avenida La Fonda area he supported it. * Washington Street/Avenue 48 & Washington Street/Avenue 52 traffic signal improvements he was concerned about the number of traffic signals on Washington Street, pointing out that seven will exist within 2.7 miles or nine within 3 miles if north of Highway 111 is included. He couldn't be more emphatic that the City is signalizing La Quinta. He felt that the money could be used for other infrastructure needs such as curbs and gutters in Westward Ho or the Cove. He believed that statistics would indicate that there are more accidents at intersections with signals than those without them and he wouldn't support funding for either of these projects. * Washington Street Improvements Retention Basin he wished to know if it would be grassed and who would maintain it. * Interim Signal Improvements at Highway 111 and Jefferson Street he asked if the City of lndio is helping to fund the project. Civic Center Campus Improvements he asked when it would be started. BIB] 07-12-1996-U01 09:55:54AM-U01 CCMIN-U02 06-U02 04-U02 1996-U02 +"City Council Minutes 20 June 18, 1996 * Avenue 48 Extension Project he wished to know if the medians would be landscaped now or later. * Fueling Station how long will it take for it to pay for itself and will the City incur any additional liabilities. * Dune Palms Road/Whitewater Crossing will it be designed to withstand a heavy storm. * City-wide Park Improvements he knows people who are willing to provide sweat equity and wished to know how that would be handled. * Washington Street/Interstate 10 Interchange why is the City helping to pay for this improvement. Mr. Cosper advised that signalization of the Avenue 48/Washington Street intersection is in anticipation of increased traffic from the extension of Avenue 48 and can be scheduled for installation after the extension has been completed. The Washington Street Improvement Project is not a flood-control project, but rather a reconfiguration of the intersection south of Highland Palms Drive and Washington Street to address traffic going in and out of the church, and a four-acre grass park that will be used as a retention basin, will be constructed between the church and the development south of it. Maintenance of the park has not been determined, but staff anticipates it being paid for by someone other than the City. The project will be funded over a two-year period. La Quinta is taking the lead on the interim signal improvements at Highway 111 and Jefferson Street because of its impact on La Quinta and the City of lndio?s failure to address the need even though 75% of the intersection belongs to them. lndio is scheduled to fund a portion of the project, but it may be sometime before the funds are received. Signalization of Avenue 52 and Washington Street is a pro-active measure in response to traffic warrants being met at that intersection. Staff can continue observation of that intersection and generate additional reports before moving forward if the Council wishes, but he felt that the traffic warrants justify the need for a traffic signal. Council Member Adolph advised that he has a difficult time seeing this as a high-priority need nor the best use of the City?s money at this time. Mr. Cosper reiterated that it?s a pro-active measure in response to direction by Council. There are other intersections that meet traffic warrants, but signalization is not always the best answer because of the safety factors involved such as the intersection at Avenue 52 and Avenida Bermudas. In response to Council Member Henderson, Mr. Cosper confirmed that the future development of Hacienda del Gato, south of Avenue 52 and Washington Street, will increase the need for a traffic signal at that intersection. BIB] 07-12-1996-U01 09:55:54AM-U01 CCMIN-U02 06-U02 04-U02 1996-U02 +"City Council Minutes 21 June 18, 1996 Council Member Adolph pointed Out that that could be several years away. Mr. Cosper advised that medians in the Avenue 48 Extension Project would be landscaped and maintained through the Landscape & Lighting Assessment District. Staff expects the fueling station to pay for itself within 3-3 Y2 years and no environmental problems are anticipated. Staff further anticipates using moveable concrete tanks in case the fueling site is relocated in the future. He advised that staff is also looking at a proposed fueling operation north of the School District's Administration Offices as a possible solution to fueling needs. If that operation is built and if the District will offer the same services, the City's fueling station would not be needed. He advised that the Dune Palms Road crossing will be the same type used at the Adams Street crossing. In regards to the signal at the Plaza La Quinta Shopping Center, he advised that the property owners support the project, but wish to have it constructed in coordination with the Highway 111 Widening Project. An extensive benefit study was conducted on the Washington Street/Interstate 10 Interchange Project which determined that La Quinta's share of cost was 17% $850,000) of a 25% assessment based on use and will be paid over an 18-year period. The other 75% is funded through 5B300 Funds, CVAG, and Measure A Funds. tn response to Council Member Perkins, Mr. Cosper advised that the Fire Station is the only entity close enough to the City's proposed fueling station to benefit from it which is why staff is looking at the fueling operation at the School District as a possible more-efficient fueling alternative. Council Member Perkins was pleased with the information included in the five- year forecast, noting that it's not cast in stone. He pointed out that the City would be in fairly good shape during FY 1996/97, but funds will begin decreasing considerably in FY 1998/99, leaving approximately 80% less for capital improvements. Therefore, he felt that it behooves the City to use its money wisely. In response to Council Member Henderson, Mr. Genovese, City Manager, advised that this is the third year the City has had a Five-Year Capital Improvement and, although, it's the Council's CIP, the projects listed in it are derived from Council's direction or staff's professional opinion of need. Council Member Henderson understood that certain improvements such as streets, curbs, and gutters cannot be addressed with these dollars because they don't meet the funding-source requirements. Mr. Cosper confirmed that some of the funding sources are limited in use such as the Infrastructure and Quimby Act Funds that are limited to addressing BIB] 07-12-1996-U01 09:55:54AM-U01 CCMIN-U02 06-U02 04-U02 1996-U02 +"City Council Minutes 22 June 18, 1996 impacts caused by development such as the need for new parks or additional lanes and cannot be used for maintenance, replacement, operations, service, etc. Projects without identified funding sources such as street improvements in the Cove or Westward Ho area, will continue to be listed as deferred projects until a funding source is identified. Council Member Sniff pointed out that the CIP is a flexible, long-range planning document. In response to Council Member Perkins, Mr. Genovese advised that it was not staff's intention to discuss the placement of the pool issue on the November ballot at this time, but rather understood that it would go back to the Parks & Recreation Commission for discussion. Mayor Holt preferred moving forward with the pool project unless it becomes necessary to place it on the ballot because of lack of support to move forward with it. Council Member Adolph concurred. Mayor Holt commented that the Council Members devote a lot of time and effort in making decisions that are sometimes very difficult to make and she thanked the community for their participation and input. Council Member Adolph advised that the two proposals he made regarding the pool were to either build a pool with the funds available and no more, or to place the issue on the November ballot if the Council couldn?t agree. He asked if the submittal of a small pool design with cost estimates from Parks & Recreation Commission, provided through the sweat equity of certain individuals, would generate a decision. Mr. Genovese advised that it would help in designing a pool, but not in making a timely decision of whether or not to place the matter on the November ballot with agreeable language. He was concerned that there would be insufficient time to decide the ballot issue if it took three to four weeks to present a pool design Council Member Sniff wasn?t sure that the Council could agree on the ballot language or have the needed facts and figures in time to get it on the ballot Council Member Perkins felt that such an important decision should be placed on the ballot to let the people decide since there's such a large number of BIB] 07-12-1996-U01 09:55:54AM-U01 CCMIN-U02 06-U02 04-U02 1996-U02 +"City Council Minutes 23 June 18,1996 people on each side of the issue and he would support whatever decision the people make. Council Member Sniff advised that he voted to put it on the ballot last November and would have no problem doing it now, but he was concerned about the Council being able to reach a consensus on the ballot language. The only way he would support placing it on the ballot is without an assessment. Council Members Adolph, Sniff, and Mayor Holt agreed on not agendizing the matter of the pool for consideration of a ballot measure. RESOLUTION NO.96-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA. CALIFORNIA, ADOPTING THE CAPITAL IMPROVEMENT PLAN AND MAKING CERTAIN PUBLIC IMPROVEMENT FINDINGS IN CONNECTION WITH A TRAFFIC SIGNAL PROJECT ON HIGHWAY 111. It was moved by Council Members Sniff/Perkins to adopt Resolution No.96-42 as submitted. Council Member Adolph advised that he couldn?t support the motion because of the traffic signal projects included in the dR. Motion carriEd with Council Member Adolph voting NO. 2. TENTATIVE TRACT 28341, A REQUEST TO SUBDIVIDE 16.4 ACRES INTO 56 SINGLE-FAMILY LOTS AND FOUR COMMON LOTS ON PROPERTY SOUTH OF SOUTHERN HILLS AT LAUREL VALLEY IN PGA WEST. APPLICANT: KSL LAND CORPORATION. Ms. di iorio, Planning Manager, advised that the applicant is requesting approval of a 1 6.4-acre subdivision consisting of 56 single-family lots and four non-residential lots within PGA West. The density of the proposed project is 3.4 dwelling units per acre and the lots range from 60' X 148' to 78? X 167'. The Planning Commission reviewed the tract map on May 28, 1996 and recommended approval. In response to Council Member Adolph, Ms. di lorio advised that this tract and Tract 28340 are both conditioned to meet the requirements of the Specific Plan in order to receive building permits. BIB] 07-12-1996-U01 09:55:54AM-U01 CCMIN-U02 06-U02 04-U02 1996-U02 +"City Council Minutes 24 June 18, 1996 The Mayor declared the PUBLIC HEARING OPEN. There being no one wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. RESOLUTION NO.96-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA. CALIFORNIA. APPROVING TENTATIVE TRACT MAP 28341 TO SUBDIVIDE 16.4 ACRES INTO 56 SINGLE-FAMILY AND OTHER COMMON LOTS IN THE PGA WEST RESORT SPECIFIC PLAN 83-002). AMENDMENT NO.2) ALONG THE SOUTH SIDE OF SOUTHERN HILLS AND ALONG THE EAST AND WEST SIDES OF BRAE BURN. It was moved by Council Members Sniff/Adolph to adopt Resolution No.96-43 as submitted. Motion carried unanimously. 3. TENTATIVE TRACT 28340, A REQUEST TO SUBDIVIDE 37 ACRES INTO 117 SINGLE-FAMILY AND TEN COMMON LOTS ON PROPERTY SOUTH OF PGA BOULEVARD AT JACK NICKLAUS IN PGA WEST. APPLICANT: KSL LAND CORPORATION. Ms. di lorio, Planning Manager, advised that the applicant is requesting approval of a 37-acre subdivision consisting of 117 single-family lots and 10 non-residential lots in PGA West under Specific Plan 83-002. The density of the proposed project is 3 dwelling units per acre and the lots range from 60? X 147' to 83 x 216'. The Planning Commission reviewed the tract map on May 28, 1996 and recommended approval. The Mayor declared the PUBLIC HEARING OPEN. There being no one wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. RESOLUTION NO.96-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA. CALIFORNIA, APPROVING TENTATIVE TRACT MAP 28340 TO SUBDIVIDE 37.98 ACRES INTO 117 SINGLE-FAMILY AND OTHER COMMON LOTS IN PGA WEST RESORT SPECIFIC PLAN 83-002, AMENDMENT NO.2) SOUTH OF PGA BOULEVARD ALONG THE EAST AND WEST SIDES OF JACK NICKLAUS. RIVIERA, AND THE NORTH SIDE OF MERION. It was moved by Council Members Sniff/Adolph to adopt Resolution No.96-44 as submitted. Motion carried unanimously. BIB] 07-12-1996-U01 09:55:54AM-U01 CCMIN-U02 06-U02 04-U02 1996-U02 +"City Council Minutes 2? June 18, 1996 4. GENERAL PLAN AMENDMENT 95-052 AND ZONING ORDINANCE AMENDMENT 96-050, CERTIFYING THE ENVIRONMENTAL ASSESSMENT APPROVING A NEGATIVE DECLARATION, APPROVING A GENERAL PLAN TEXT AND LAND-USE POLICY DIAGRAM AMENDMENT, AND APPROVING AN AMENDMENT TO THE LA QUINTA MUNICIPAL CODE RELATING TO THE ZONING CODE: REPLACING EXISTING TITLE 9 EXCEPT CHAPTER 9.160) AND DELETING CHAPTERS 5.36, 5.37.5.64, 5.68 AND A PORTION OF CHAPTER 9.72. INITIATED BY: CITY OF LA QUINTA. Mr. Herman, Community Development Director, advised that the City began an update of the Zoning Code in March, 1994 and held a total of 14 workshops to review It. The document does not address any modifications to The Village zoning requirements because of the potential revision of The Village Specific Plan nor does it include the sign regulations that were previously adopted by Council on April 2, 1996. Several chapters of the Municipal Code are recommended for deletion because they are now addressed in the Zoning Code. The major issue discussed by the Planning Commission was the equestrian overlay. After completing an extensive review and incorporating some of the suggestions from the Building Industry Association, the Planning Commission, on May 14, 1996, recommended approval of the Zoning Code and update of the General Plan. The Mayor declared the PUBLIC HEARING OPEN. Mrs. Louise Tyler, 44-215 Villeta Drive, felt that the RV restrictions were insufficient because it allows RV's to be parked in residential areas for up to 72 hours. She questioned how the parking time would be monitored and how far they would have to be moved. She was concerned about the effect it has on property values, pointing out that 32 RV's are currently parked in North La Quinta. She urged the Council to adopt an ordinance similar to one in Indio Wells which restricts RV parking to 24 hours for maintenance or loading and unloading. Ms. Geraldine Robb, 44-155 Villeta Drive, urged the Council to restrict RV parking in residential areas because it's a detriment to the City and it reduces property values. Mr. Marvin Roos, 777 E. Tahquitz Canyon, Suite 301, Palm Springs, representative for Building Industry Association, reviewed some of the concerns they have with the proposed Zoning Code. They understood that staff accepted their suggestion of a varied setback. A continuing concern is that the proposed Zoning Code restricts existing, non-conforming houses from extending on their present building lines and he felt that they should be given BIB] 07-12-1996-U01 09:55:54AM-U01 CCMIN-U02 06-U02 04-U02 1996-U02 +"City Council Minutes 26 June 18, 1996 a little more latitude. They recommended that the restriction on gate widths be deleted as it could possibly require the destruction of block walls in some cases. They further recommended elimination of the additional parking requirements for large homes as well as the elimination of the guest parking requirement for detached, single-family dwelling units. They feel that the parking requirements for shopping centers should be changed to allow 20% of floor space for restaurants without requiring additional parking since restaurants aren't open all day. Mr. Pete Platamone, 79-575 Marigold Lane, supported the request for stricter RV parking, advising that at least three RV?s are parked in the Cactus Flower development and he felt that the one on Blaze?ng Star is a traffic safety hazard. He felt that 24 hours was ample time for loading and unloading an RV. Mr. Bill Simmons, 45-455 Desert Eagle Court, encouraged the Council to increase the restrictions on RV parking in residential areas, noting that some stay parked for more than three weeks. He also encouraged the Council to maintain the parking requirements for restaurants because many of them are open for breakfast, lunch, and dinner. Ms. Barbara Irwin, 44-065 Camino La Cresta, felt that RV parking in residential areas without sidewalks and where children play in the streets is unsafe. She suggested more specific language to regulate RV parking and urged the Council to adopt a 24-hour loading/unloading policy. Mr. Sonny Kanlian, 50-400 Jefferson Street, felt that there are still a lot of issues to resolve regarding the equestrian overlay zone. He felt that the Zoning Code should require the equestrian property adjacent to his non-equestrian property to install an inner fence to eliminate his exposure to liability in the event one of their riders is thrown from their horse onto his pasture fence. He also felt that the manure should be moved from the property on a daily basis. He had a concern about lighting being installed on the equestrian property and the fact that existing conditions are grandfathered into this ordinance. He felt that the regulations should be fair to everyone, pointing out that he wasn't allowed to continue agricultural burning on his property when it was determined to be a nuisance to surrounding property owners. Mrs. Sharron Kanlian, 50-400 Jefferson Street, felt that the Council should correct the situation it created when they approved the equestrian-overlay zone in 1993 and consider the rights of all individuals impacted by this action. She felt that equestrian facilities should be subject to the same standards as other businesses, including liability exposures to adjacent property owners. She objected to the installation of lights and use of loud speakers without special BIB] 07-12-1996-U01 09:55:54AM-U01 CCMIN-U02 06-U02 04-U02 1996-U02 +"City Council Minutes 27 June 18, 1998 event permits at the arena close to her home. She also felt that they should be required to install their own fencing to protect adjacent property owners from liability and that the manure should be removed from the property and not dragged. Mrs. Wanda Reese, 80?2O9 Avenue 50, felt that a lot of restrictions have been placed on the equestrian properties and advised that they have met all of the City's regulations. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. Council Member Sniff agreed that 24 hours is adequate time to load and unload an RV and that parking them in the streets and yards makes the area look unsightly. He suggested that this matter be continued to consider the comments on RV parking and the suggestions from the BIA. He also wished to see the equestrian overlay problem resolved in some manner. Council Member Adolph agreed with a 24-hour time-limit for RV parking and with a continuance so that everyone has ample time to review the document. Council Member Henderson hasn't had sufficient time to thoroughly review the document and hoped to have many of her questions answered before the next meeting. She agreed with the 24-hour time-limit for RV parking, but if Indian Wells language is used as a guideline, she had a problem with the restriction against parking boats in garages and wished to leave that part out. She wished to have more information regarding the parking requirements for restaurants in shopping centers and to understand how the Planning Commission came to this determination. Council Member Perkins expressed appreciation for all of the public comments, including those from the BIA. He supported using the language from Indian Wells on RV parking because it keeps RV owners from parking their RV's around the corner. He pointed out that the restriction against parking boats in garages is to keep cars from being parked on the street. He wished to include regulations in the Zoning Code that would restrict heavy commercial trucks from parking in residential areas. In regards to the equestrian overlay district, he, too, wished to see the matter resolved and was concerned about the noise from the loud speakers and any lights that may not be directed downward so as not to shine into the neighboring properties. BIB] 07-12-1996-U01 09:55:54AM-U01 CCMIN-U02 06-U02 04-U02 1996-U02 +"City Council Minutes 28 June 18,1996 Mayor Holt agreed with the comments made by the other Council Members and encouraged the Council to get further questions answered by staff prior to the next meeting if possible. In response to Mayor Holt, Mr. Genovese, City Manager, advised that at the next meeting, staff could bring back suggested language in regards to those issues discussed at this meeting. MOTION- It was moved by Council Members Sniff/Adolph to continue General Plan Amendment 95-052 and Zoning Ordinance Amendment 96-050 to July 16, 1996. Motion carried unanimously. MINUTE ORDER NO.96-91. 8. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING THE INVESTMENT POLICY FOR FY 1996/97. Mr. Falconer, Finance Director, advised that State Law requires the adoption of an Investment Policy annually. The Investment Advisory Board has been meeting since February, 1996, deliberating on the Investment Policy before the Council at this time. On June 12, 1996, the lAB met with the City Attorney and City Manager to review the policy and the vote of the lAB was 5/1 with one member absent to approve the policy. In response to Council Member Perkins, Mr. Falconer advised that the City currently has 48% of its total funds invested in LAIF. Council Member Perkins recognized the work that went into the formulation of this policy and felt that it's an excellent document. However, he stated that he would continue to express his concern about LAIF because of the State's track record in dealing with their finances. He wished to see our investment in LAIF reduced to 20%-25% Council Member Henderson advised that she has spent a great deal of time reviewing the minutes/tapes of the lAB meetings and has sensed a great concern about LAIF and she didn't see the investigative kind of report she wished to see from the State as to all of the policies and procedures of LAIF. She referred to a mention of a LAIF questionnaire and asked if that was completed and if so, wished to see a copy of it and Mr. Falconer advised that it was completed several months ago and it hasn't been reviewed by the lAB. She also supported decreasing the City's investment in LAIF, recognizing that it will have to be a phased-in reduction. BIB] 07-12-1996-U01 09:55:54AM-U01 CCMIN-U02 06-U02 04-U02 1996-U02 +"City Council Minutes 29 June 18, 1998 Mr. Genovese noted that the City previously had 90% of its funds in LAIF and that has been reduced to below 50%. He advised that in essence, that mechanism could be used for funds coming in that were garnered from any revenue source utilized and then eventually purchased with Treasury Bills or Treasury Notes. One of the challenges we have is in monitoring and managing that process and in the proposed budget there is an upgrade of an accounting position to Financial Services Assistant and that position will help the Treasurer in managing the investments. We don't know how long it will take to go through that training process, it's something that we'll want to do carefully it was something we couldn't even approach until we completed the broker- dealer selection. Council Member Henderson wished to see a time-frame put on the reduction scenario noting that some members of the lAB are beginning to have some concerns with LAIF. She was pleased with the policy, but asked for Council's concurrence in seeing a review of the percentage in six months and a concurrence in seeing the LAIF questionnaire to which Council concurred. in response to further questions by Council Member Henderson, Ms. Honeywell advised that she would have to look at the legality of a faxed document. In response to Council Member Henderson, Mr. Falconer advised that arbitrage. has to do with bond proceeds and when we issue bonds, the fiscal agents come up with the rates that those investments are earning. We can earn more than 6% on the bond proceeds, but if we do, we have to remit the difference to the IRS. We currently have no bond proceeds in LAIF, even though it is a permissible investment and their earnings are below the 6%. We do have a firm that does the calculations for us. If we were to invest bond proceeds in LAIF which is not staff's intention), we would continue to hire a firm to do the calculations. Mayor Holt asked if the City has any control over how our funds are invested by LAIF and Mr. Falconer advised that we don't. In response to Council Member Adolph, Mr. Falconer advised that LAIF is managed by the State's Treasurer, but is not backed by the State. Council Member Adolph agreed with the investment criteria which is safety being the foremost objective. Council Member Sniff asked if staff is aware of any funds being misappropriated or lost by LAIF and Mr. Falconer advised that he wasn't aware of any mismanagement one way or the other. BIB] 07-12-1996-U01 09:55:54AM-U01 CCMIN-U02 06-U02 04-U02 1996-U02 +"City Council Minutes 30 June 18, 1996 Council Member Sniff stated that he trusted the Investment Advisory Board Members and had a great deal of confidence in them and they need to continue their diligence and to continue moving the investment in LAIF downward. Mr. Tom Lewis,, 51-970 Avenida Rubio, Chairman of the Investment Advisory Board, advised that one of the most important points in the policy is the percentage of funds allowed to be invested in LAIF. However, he pointed out that the percentage delineated in the policy is the maximum allowable percentage not the intended" percentage. The lAB is intending to reduce the LAIF investment to the 20%-25% range. He also advised that the lAB did design a very detailed questionnaire to send to the broker-dealers to avoid another investment scandal. The City can now begin to?diversify its portfolio with the broker/dealer selection and the approval of the investment policy. Council Member Henderson believes that the ultimate responsibility for the Investment of the City's funds falls on the City Council and, therefore, there is a need for better understanding, so her concern is to be as educated as she can be. Council Member Perkins advised that he has always been very critical of LA lF?, but he has no intention of saying we have to be at 20%-25% right away, but that needs to be the goal. He urged the Investment Advisory Board to continue doing a good job. RESOLUTION NO.96-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA. APPROVING AND ADOPTING THE INVESTMENT POLICY FOR FISCAL YEAR 1996/97. It was moved by Council Members Sniff/Adolph to adopt Resolution No.96-45 as submitted. Motion carried unanimously. Council recessed to Closed Session. CLOSED SESSION 4. Conference with legal counsel regarding potential litigation pursuant to Government Code Section 54956(b)(3)(C). Council reconvened with no decision being made which requires reporting pursuant to Section 54957.1 of the Government Code Brown Act?. BIB] 07-12-1996-U01 09:55:54AM-U01 CCMIN-U02 06-U02 04-U02 1996-U02 +"City Council Minutes 31 June 18, 1996 BUSINESS SESSION.....................continued 4. CONSIDERATION OF RESOLUTION APPROVING A TERM EXTENSION OF THE REFUSE COLLECTION AND DISPOSAL FRANCHISE AGREEMENT. Mr. Weiss, Assistant City Manager, advised that the matter before the Council is appr?val of a term extension of the franchise for refuse collection and disposal with Waste Management of the Desert for 90 days. The reason for the request is because the current agreement expires June 30, 1996 and negotiations are currently. underway to extend that contract pursuant to a clau&e contained in the agreement that those negotiations be conducted in good faith. In response to Council Member Adolph, Ms. Honeywell advised that the good faith clause is something that she's rarely seen anyplace else, but in talking to the consultant who works on a lot of these kinds of agreements, she said that the clause was used a great deal in the Coachella Valley. Ms. Kiki Haynes, P.O. Box 1140, La Quinta, reiterated her previous comments earlier in the evening, encouraging the Council to keep their eyes open and seek competition. Mayor Holt advised that she has no complaints with the current waste hauler, but she felt that it's important to have competition and stop the monopolies by service contractors so that the Council can offer its citizens the best. She felt that the extension was appropriate, but felt that the City should also request proposals so that we can negotiate better and to determine what kinds of prices are out there. Council Member Henderson felt that the only way you know that you're getting the best product is through competitive bidding. She wished to see the City call for proposals at the same as extending the current agreement. Council Member Perkins hoped that the City wouldn't get involved in good faith" clauses in the future. He wasn't sure that the City and the contractor have pushed as hard as they could to get the negotiations concluded. He could not support a 90-day extension and hoped that in the future, these kinds of contracts would be done through the bid process. Council Member Adolph was a firm believer in the bid process, but was also concerned that several years ago, this Council made an agreement for viable discussions for re-issuance of the agreement and so he felt that we need to negotiate for a reasonable period of time. He could not support a 90-day BIB] 07-12-1996-U01 09:55:54AM-U01 CCMIN-U02 06-U02 04-U02 1996-U02 + "C?ty Council Minutes 32 June 18, 1996 extension, but would support a reasonable amount of time and if negotiations cannot be concluded, then he would support going to bid. Council Member Sniff agreed that the Council has an obligation to its citizens, but they also have an obligation to the current agreement. He proposed a 30- day extension which should satisfy any good faith clause and if an agreement cannot be reached during that time, then he would support going to bid RESOLUTION NO.96-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A TERM EXTENSION OF iTS REFUSE COLLECTION AND DISPOSAL FRANCHISE AGREEMENT. It was moved by Council Members Sniff/Perkins to adopt Resolution No.96-46 as amended changing the 90-days to 30-days. Motion carried with Council Member Henderson and Mayor Holt voting NO. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED JUNE 18, 1996. 2. TRANSMITTAL OF TREASURY REPORT DATED APRIL 30, 1996 FOR THE CITY OF LA QUINTA AND THE LA QUINTA FINANCING AUTHORITY. 3. AWARD OF CONTRACT FOR JANITORIAL SERVICES FOR CITY FACILITIES. 4. ADOPTION OF A RESOLUTION ACCEPTING DONATIONS TO THE LA QUINTA SENIOR CENTER. 5. ACCEPTANCE OF CONVEYANCE OF CERTAIN LANDS FROM THE COACHELLA VALLEY WATER DISTRICT. 6. FINAL ACCEPTANCE OF IMPROVEMENTS TO PGA WEST TRACTS 20717-1, 21381-3, AND 21846-1. MOTION- It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as recommended with Item No. 4 being approved by Resolution No. 96?7. Motion carried unanimously. MINUTE ORDER NO.96- 92. BIB] 07-12-1996-U01 09:55:54AM-U01 CCMIN-U02 06-U02 04-U02 1996-U02 +!"City Council Minutes 33 June 18, 1996 STUDY SESSION 1. REPORT REGARDING REQUEST TO FUND TRAFFIC STUDY FOR MILES AVENUE BRIDGE INDIAN WELLS. Mr. Cosper, Public Works Director, advised that the City has received a request to assist with the funding of a traffic study for the Miles Avenue bridge in Indian Wells. The bridge is 50% in Indian Wells and 50% in Riverside County, but has some regional interest. While there is a degree of benefit to the City of La Quinta, the extent of benefit is not known at this time. The cost of a traffic study is approximately $20,000 and the City pf Indian Wells has asked the City to fund 25% of that study. A brief discussion ensued with Council concluding in taking no action at this time. REPORTS AND INFORMATIONAL ITEMS All reports were noted and filed. DEPARTMENT REPORTS A-i. RESPONSES TO PUBLIC COMMENT. Council Member Adolph recommended that the Council ask the Sheriff's Department to let the Council know how they can assist the Department. Mr. Genovese advised that he will discuss the matter with Captain Dye. D-1. BUILDING & SAFETY DEPARTMENT MONTHLY REPORT. Council Member Henderson felt that the report was excellent and very informative she liked the idea of the target areas and that they seem to be working. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION OF PROCEDURE FOR APPOINTING BOARD/COMMISSION APPLICANTS PERKINS). See Business Session Item No.9 on Page 11. BIB] 07-12-1996-U01 09:55:54AM-U01 CCMIN-U02 06-U02 04-U02 1996-U02 +""City Council Minutes 34 June 18, 1996 2. DISCUSSION REGARDING THE PARKS & RECREATION SUMMER BROCHURE PERKINS). Council Member PErkins referred to the comments made by the public that the high school pool is not conducive to family/youth swimming activities because of the depth of the pool and noted that in the Parks & Recreation Department Summer Brochure, there are swim lessons scheduled for children from six years of age and up this summer. Ms. Nicholson, Parks & Recreation Director, advised that this program is a YMCA Program. She also advised that access to that pool is very limited because of school programs. For the most part, that pool is 9? deep with a small 3'6" area. She added that staff is currently working with Lake Cahuilla on a swim program. Council recessed to Redevelopment Agency meeting and Closed Session as delineated on Page 17. 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 JUHOLA City Clerk City of La quinta California BIB] 07-12-1996-U01 09:55:54AM-U01 CCMIN-U02 06-U02 04-U02 1996-U02