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1996 07 22 CC Minutes,(# LA QUINTA CITY COUNCIL MINUTES July 22, 1996 Adjourned meeting of the La Quinta City Council of July 22, 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 Chuck Cervello, 44-616 Buckingham, lndio, Executive Vice?President for ACC, a consulting firm for two waste disposal companies, spoke regarding the Solid Waste Franchise Agreement and expressed disappointment that the contract was not put Out to bid. He felt that the contract had several areas within it that could be enhanced, pointing out that gated communities would not have automated pick-up service yet would pay the same rate as those who do. He also felt that a dangerous precedent was being set in Article 15.2 which will allow Waste Management to charge for commercial and industrial recycling yet retain 100% of the revenue they receive from such recycling. He recommended that the matter be continued for 30 days to research the effect that the Palm Springs Recycling/Rancho Mirage court settlement might have on this as well as the effect the contract might have on commercial businesses who are being asked to recycle and then pay for it without the City receiving any revenue from it. Diana Garcia, 78-825 Nolan Circle, felt that waste disposal rates are important, but so is exemplary service which she has received from Waste Management. She pointed out that they also emphasize re9ycling which is important. Ed Kibbey, 77-564 Country Club Drive, Palm Desert, representing the BIA Desert Chapter, advised that they have passed a resolution recommending that the $8.50 tipping fee be passed back to the consumer and not retained by the cities. They feel that it might be considered a tax and a violation of Proposition 62. He asked that the County?s recommendation to return the fee to the consumer be honored since they were the ones who originally set the fee. CONFIRMATION OF AGENDA Mr. Genovese, City Manager, asked that Business Session Item No.7 be continued until after Public Hearing Item No. 1. BIB] 08-30-1996-U01 09:30:51AM-U01 CCMIN-U02 07-U02 22-U02 1996-U02 ,(#City Council Minutes 2 July 22, 1996 MOTION It was moved by Council Members Sniff/Adolph to continue Business Session Item No.7 Consideration of Solid Waste Franchise) until after Public Hearing Item No. 1. Motion carried unanimously. APPROVAL OF MINUTES MOTION It was moved by Council Members Adolph/Henderson to approve the City Council Minutes of July 2, 1996 as submitted. Motion carried unanimously. MOTION It was moved by Council Members Henderson/Adolph to approve the City Council Minutes of July 16, 1996 as submitted Motion carried unanimously. ANNOUNCEMENTS None PRESENTATIONS None WRITTEN CORRESPONDENCE 1. LETTER FROM TRICE HEALY REGARDING THE COMMUNITY SWIMMING POOL. Noted and filed. BUSINESS SESSION 1. CONSIDERATION OF ADOPTION OF RESOLUTION APPROVING THE FISCAL YEAR 1996/97 BUDGET AND ESTABLISHING THE CITY'S APPROPRIATIONS LIMIT. Mr. Genovese, City Manager, advised that modifications to the budget for Fiscal Year 1996/97 have been made as directed by Council, noting that the budget includes increased services by both police and code enforcement. Staff recommended adoption of the budget resolutions. Council Member Perkins referred to the b1 8,000 set aside for a municipal pool and amenities and asked if staff anticipated being able to build the pool for $350,000, using the remaining amount for amenities. BIB] 08-30-1996-U01 09:30:51AM-U01 CCMIN-U02 07-U02 22-U02 1996-U02 ,(#City Council Minutes 3 July 22, 1996 Mr. Genovese advised that that matter would be delved into when it goes back to the Parks & Recreation Commission, adding that a pool could be built for just about any amount of money, depending on the size. Council Member Sniff felt that staff has done an excellent job on the budget and supported it 100%. He advised that $518,000 was actually set aside for park improvements which he hopes is used for a pool. An additional $180,000 was set aside for improvements and amenities to the parks which increases the potential amount to $700,000. Council Member Henderson advised that she would use her vote on this issue to express what she felt was a disregard for fiscal responsibility. She read a quote from the National Civic League handbook about the Council's exclusive responsibility for policy making and the importance of the budget. She congratulated the staff and Council for the $3,414,473 in the reserve account and hoped that efforts would continue to increase that amount in the future, but advised that over the last nine years, $1.6 million of the City's budget has been allocated to non-profit organizations. Although these organizations are a vital part to the community and their support is paramount, their financial benefit to the City is subjective and should be treated the same as other aspects of the budget. She pointed out that needed improvements in The Village residential area would cost approximately $1.8 million, in the Westward Ho area $1.1 million, and in the Saguaro and Sagebrush area $400,000. The benefits derived from the organizations supported by tax dollars are promotional and marketing in nature and she felt that RDA funds should not be used for such purposes. She felt that a procedural policy should be used to evaluate the funding requests and not politics. The demand for City services will soon exceed the supply because of residential growth and a decrease in property tax revenues. She has asked for a careful review of these organizations' budgets for the purpose of justifying their continued and increased funding. She felt that a new level of society is being created and encouraged by government and that the Council as policy makers should address this issue in the proper forum. Her vote to approve this budget would a be tacit approval of the lack of this oversight which she could not do. She felt that the following statement made at the June 20th Council meeting says it all, a goal of each City department should be to cut operational costs and increase efficiency." Council Member Perkins commended the staff on preparing a practical and non- overloaded budget, noting that it's as good as any he's been involved with. However, he's unable to support the increased funding for the Chamber of Commerce and La Quinta Arts Foundation, pointing Out that the Foundation's request is a 50% increase over last year's and the Chamber?s request is a 13% BIB] 08-30-1996-U01 09:30:51AM-U01 CCMIN-U02 07-U02 22-U02 1996-U02 ,(#City Council Minutes 4 July 22, 1996 increase. This means that the City is funding more than 50% of the Chamber's annual budget, therefore, he felt that their budget should be made part of the public record which they have refused to do. He has received a 12% reduction in his property tax which means a 12% reduction in City tax dollars and such continued reductions over a period of time concerns him. He urged the Council to closely review the City's projected revenues and reduce expenditures wherever possible. He has voted in favor of previous City budgets, but could not support this one because of the expenditures for the Chamber and Arts Foundation. Council Member Adolph felt that staff has done a great job on the budget and supported it. Mayor Holt concurred and was proud of the financial position the Council and staff has placed the City in during her four years on the Council. She recognized that things could get strained and tough in the future and felt that if it does, everything should be laid out on the table and a cut made straight across the board. It's important to promote activities that bring people into the community. Making budget decisions is a very difficult responsibility because some expenses are absolutely necessary, while some of the programs and services the Council supports make a community what it is. She's proud to vote for the budget and commended staff for their excellent work. Council Member Sniff supported the budget and believed that the reason these organizations are supported by the City is because they benefit the community, increasing the value of life and encouraging new people to come here. He believes in being proactive and supporting on a reasonable basis, those who support the City, noting that the Chamber and Arts Foundation have been extremely active, productive, and valuable to the City. Although property values have declined, he felt that the State is on the upswing. He felt that the budget was well-prepared and that it has the City in good fiscal condition that will remain. RESOLUTION NO.96-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ESTABLISHING THE CITY'S APPROPRIATION LIMIT FOR FISCAL YEAR 1996/97 AND APPROVING A BUDGET FOR FISCAL YEAR 1996/97. It was moved by Council Members Sniff/Adolph to adopt Resolution No.96-54 as submitted. Motion carried with Council Members Henderson and Perkins voting NO. BIB] 08-30-1996-U01 09:30:51AM-U01 CCMIN-U02 07-U02 22-U02 1996-U02 ,(#City Council Minutes 5 July 22, 1998 MOTION It was moved by Council Members SnifflAdoiph to receive and file the Five-Year Resource AFlocation Plan and establish the City's Appropriation Limit. Motion carried with Council Members Henderson and Perkins voting NO. MINUTE ORDER NO. 96-1?4. 2. CONSIDERATION OF FORMING A CITY LIAISON COMMITTEE" TO WORK WITH THE LA QUINTA CHAMBER OF COMMERCE'S DEVELOPMENT AND BUSINESS RETENTION COMMITTEE. Mr. Weiss, Assistant City Manager, advised that the Chamber of Commerce has suggested renaming the Business Development Task Force to the Business Retention Task Force and that a new Business Development Committee be established as an additional liaison between the City Council and the Chamber. Council Member Henderson felt that it's good common sense to address the issues causing growing pains for the City whenever possible, but hoped that more time isn't spent in committee meetings than in implementing solutions. She felt that the three areas of concern addressed by the Chamber in their letter could easily be incorporated into the existing Workshop Exchange Committee with the minutes from those meetings being forwarded to Council and a verbal report being given by the Council's representative. Open communication between the City and Chamber is a must, expediting of solutions to business problems is critical, and participation by all Council Members is paramount, but she didn't feel that participation should include chairing" of the committee. She recommended that the new liaison committee seriously discuss eliminating the Workshop Exchange Committee and that two Council Members and two staff members be appointed to the liaison committee, rotating Council representation after each third meeting. She further recommended that the Chamber be the lead agency for the committee. In response to Council Member Adolph, Council Member Henderson felt that the Chamber Education Committee should be retained. Council Member Sniff advised that he has chaired" the Workshop Exchange Committee meetings which he felt were productive and valuable. He preferred having a comprehensive committee to deal with both issues instead of two separate committees and felt that rotation would work best on a six?month basis. The Workshop Exchange Committee has generally responded to the Chamber's requests for meetings. They've met quarterly or semi?annually with the next meeting scheduled for September to discuss The Village. He was BIB] 08-30-1996-U01 09:30:51AM-U01 CCMIN-U02 07-U02 22-U02 1996-U02 ,(#City Council Minutes 6 July 22, 1996 willing to go along with whatever the Council wishes, but suggested a continuance to further consider this matter. Council Member Henderson advised that she had suggested rotation after every third meeting because of the fact that they may not meet monthly or even quarterly. Michelle Dallas, P.O. Box 255, Executive Director for La Quinta Chamber of Commerce, advised that their intent was to assist the City with business retention and economic development, believing the two issues to be large enough to explore separately. Their intent was for the newly-named Business Retention Task Force to meet internally on a monthly basis and the Business Development Committee, which will consist of Council representation, would meet monthly. They are willing to combine the two committees from the City's standpoint, but would probably maintain them separately within the Chamber. Mayor Holt advised that City/Chamber involvement in regards to economic development and business retention was emphasized at the recent League of California Cities Conference Council Member Perkins didn't have a problem with having two committees and felt that the idea behind it is excellent. He felt that it?s incumbent upon the City to join the Chamber in this effort and hoped that the CouncrI would receive minutes of the meetings. Council Member Adolph agreed, but pointed out that consolidation of committees is desirable whenever possible because of the number of meetings Council Members are involved with. However, he understood the importance of working on both issues. Mayor Holt agreed and supported rotation on whatever basis the Council wishes. She also felt that it's important for the Council to receive the minutes of those meetings. Ms. Dallas advised that the minutes of the City Liaison Committee are handled by City staff and suggested monthly meetings initially if the two committees are combined. Mr. Genovese, City Manager, advised that the Committee would be subject to the Brown Act if the minutes are taken by City staff and, therefore, should probably be set-up through a City ordinance. BIB] 08-30-1996-U01 09:30:51AM-U01 CCMIN-U02 07-U02 22-U02 1996-U02 ,(#City Council Minutes 7 July 22, 1996 Council Member Henderson pointed out that it's the Chamber that has requested the formation of the Committee and, therefore, should be the lead agency, preparing the agenda and minutes of the meetings. She suggested that the Chamber maintain both committees, but have them both represented on the City Liaison Committee. Council Member Perkins suggested rotation with two Council Members serving at a time, but with only one being rotated off of the Committee at a time to maintain continuity. He wished to receive an opinion from the City Attorney regarding the Committee and the Brown Act. Ms. Honeywell, City Attorney, advised that City committees are subject to the Brown Act, but a Chamber committee that asks for City input is not a City committee. However, it begins to look like one if minutes are taken by City staff and it's held at the City. The committee should be set up carefully so as not to be conceived as a City committee if it's not to be subject to the Brown Act. Council Member Sniff suggested that staff be directed to work out the format and bring it back to Council. In response to Mayor Holt, Ms. Dallas advised that they wouldn?t have a problem with taking the minutes. Council concurred on directing staff to clarify who would be responsible for the Committee and how often they would meet. MOTION It was moved by Council Members Sniff/Adolph to refer this matter Chamber Liaison Committee) to work with the Chamber to come back to the Council with a report and options for action. Motion carried unanimously. MINUTE ORDER NO.96-115. 3. CONSIDERATION OF CONTRACT SERVICES AGREEMENT WITH THE LA QUINTA ARTS FOUNDATION FOR FISCAL YEAR 1996/97. Mr. Weiss, Assistant City Manager, advised that the La Quirta Arts Foundation who is responsible for coordinating the La Quinta Arts Festival and Arts & Jazz Festival has submitted a contract proposal in the amount of $75,000 which is an increase of $25,000 over last year's contract. Richard De Santis, 73-647 Sun Lane, Palm Desert, President of La Quinta Arts Foundation, advised that they are sensitive to the issue of fiscal responsibility, BIB] 08-30-1996-U01 09:30:51AM-U01 CCMIN-U02 07-U02 22-U02 1996-U02 ,(#City Council Minutes 8 July 22, 1996 pointing out that they've not received an increase in City funding since 1992 even though their costs have increased and the demand for educational programs and scholarships have skyrocketed. Their hard costs for marketing the two festivals for a three-year period beginning in 1994 is $281,000, not including staff time and the amount requested from the City during the same period is $175,000, resulting in a shortfall of $106,000 in this one area alone. If the current request is approved, the total percentage increase since 1994 would be 9%. They are aggressively pursuing corporate funding in hopes to reduce their funding request of the City. Stewart Woodard, 79?791 Olympia Fields, advised that he moved here two years ago because the lifestyle and quality of life was beginning to resemble the cultural lifestyle of Orange County. He believed that what the Foundation does for the City goes beyond budget concerns and is an important part of the ingredient that has improved this community. Council Member Sniff supported the contract and believed that the festivals have a very significant economic effect on the City. They market the City to an ever-increasing number of people and give it a prestigious reputation. Council Member Adolph advised that the Council is looking forward to the Foundation being more self-sufficient and less dependent on City funding, but since they've not requested an increase since 1992 and provide such a great service to the community, he must support them in this contract. Mayor Holt supported the contract and hoped that by promoting such activities, it wouldn't be necessary to cut funding in the future. Council Member Perkins advised that he supports the Foundation and believes that they contribute to the quality of life in the City, but he couldn't support the funding amount they've requested and would, therefore, vote against the contract. In response to Council Member Henderson, Mr. Genovese, City Manager, advised that negotiations on the proposed contract were not held with the Foundation and, therefore, staff's recommendation is as deemed appropriate by the Council," noting that funding for this contract is contained in the budget. Council Member Henderson stated that the National Civic League handbook advises careful consideration of technical expert advice from staff and without that she couldn't support the contract. Although she felt that the Foundation contributes to the City's quality of life and is a vital part of the community, she BIB] 08-30-1996-U01 09:30:51AM-U01 CCMIN-U02 07-U02 22-U02 1996-U02 ,(#City Council Minutes 9 July 22, 1996 questioned the use of tax dollars, including RDA Funds, for such activities and hoped that the Council would consider addressing such issues on a policy basis. She wished to see the matter continued for further investigation. Council Member Sniff pointed out that the City receives services for these funds and he felt that it's a very good business relationship. MOTION It was moved by Council Members Sniff/Adolph to approve the Contract Services Agreement with the La Quinta Arts Foundation for Fiscal Year 1996/97. Council Member Henderson pointed out that the financial impact of the Arts Foundation on the City is both subjective and approximate with the City receiving a total of $669 for business licenses and sales tax from the festivals last year. Although art sales were substantially higher, sales tax was not received for sales that weren't reported locally and she felt that that should be investigated in some manner. Motion carried with Council Members Henderson and Perkins voting NO. MINUTE ORDER NO.96-116. 4. CONSIDERATION OF CONTRACT SERVICES AGREEMENT WITH THE COACHELLA VALLEY COMMUNITY CONCERT ASSOCIATION FOR FISCAL YEAR 1996/97. Mr. Weiss, Assistant City Manager, advised that the Coachella Valley Community Concert Association has requested funding in the amount of $5,000. If approved, the funding would come from the Special Projects Contingency Account. Council Member Sniff felt that the Association has done a good job and is well worth a $5,000 investment. Council Member Henderson noted an error in the contract and suggested that it be changed to reflect that the City?s assistance is to provide a music education outreach program. She was pleased that the funding request is substantially less than last year's and hoped that the organization would be even less dependent on tax dollars in the future. Council Member Perkins the contract, mainly because their funding request is 50% less than last year's and he will support any other worthy organization that reduces their funding request by 50%. BIB] 08-30-1996-U01 09:30:51AM-U01 CCMIN-U02 07-U02 22-U02 1996-U02 ,(#City Council Minutes 10 July 22, 1996 Council Member Adolph believed that it's an outstanding organization and that Donna Martin does an outstanding job. MOTION It was moved by Council Members Sniff/Adolph to approve the Contract Services Agreement with the Coachella Valley Community Concert Association for Fiscal Year 1996/97 with modified language as appropriate. Motion carried unanimously. MINUTE ORDER NO.96-117. 5. CONSIDERATION OF CONTRACT SERVICES AGREEMENT WITH THE LA QUINTA HISTORICAL SOCIETY FOR FISCAL YEAR 1996/97. Mr. Weiss, Assistant City Manager, advised that the La Quinta Historical Society has requested funding in the amount of $10,000 to help offset the rent payments for the museum. Council Member Henderson wished to see the Historical Society have some level of comfort as to whether or not the City is committed to supporting their long-range effort to purchase the property for a museum. She didn't have a problem supporting the contract unless it continues to be ongoing. She pointed out that the Historical Society hoped to discuss this issue with the Council in a study session to find out if a greater assistance in purchasing the building is possible. Council Member Sniff stated that support was given last year with the understanding that the Historicar Society would seek grant funding, but no report has been received on that effort. He felt that a clear understanding as to the appraised value of the property would be necessary to proceed further with purchasing the property and that it would have to be dealt with in a larger budgetary manner due to the cost of the property. He supported the request for funding even though it's an increase over last year's amount because he felt that the Historical Society has significant value and is a vital part of the community. He would also support a study session to further discuss the issue of the property. Council Member Henderson felt that the Historical Society would like to know how the Council feels about the museum property in regards to it being a potential asset to The Village. They raised $25,000 last year to go toward the purchase of the property. It was indicated last year that staff would assist the Historical Society in seeking grants, but that has not happened. Council concurred on directing staff to schedule a study session regarding the Historical Society's museum in October if at all possible. BIB] 08-30-1996-U01 09:30:51AM-U01 CCMIN-U02 07-U02 22-U02 1996-U02 ,(#City Council Minutes 11 July 22, 1996 Mayor Holt advised that this is the time of year that the Council considers such contract service agreements and it?s not without great thought and deliberation that the budget decisions are made. Council Member Sniff pointed out that these are not additional items, but rather items that are already included in the budget. MOTION It was moved by Council Members Sniff/Adolph to approve the Contract Services Agreement with the La Quinta Historical Society for Fiscal Year 1996/97. Council Member Perkins pointed out that although this is a 9% increase over last year?s request, the Council did indicate last year that they would look at a long-range program for the Historical Society. Motion carried unanimously. MINUTE ORDER NO.96-118. 6. CONSIDERATION OF JOINT USE OF FACILITY AND SERVICES AGREEMENT WITH THE BOYS & GIRLS CLUB OF COACHELLA VALLEY, LA QUINTA UNIT. Ms. Nicholson, Parks & Recreation Director, advised that the Boys & Girls Club of Coache?la Valley, La Quinta Unit, entered into a lease agreement with the City on February 4, 1992 for the facility on Park Avenue for the purpose of providing youth programs. On December 19, 1995, the Council approved a Joint Use of Facility & Services Agreement with the Boys & Girls Club for a six- month period ending June 30,1996 in the amount of $30,000. The proposed agreement will be partially funded with CDBG funds which will require additional reporting from the Boys & Girls Club as noted in the agreement under Section 4.2. The two components of the agreement are: 1) shared-use of the facility for $30,000 which allows the City to use the facility for programs Monday through Friday from 7:30 p.m. to 9:00 p.m. and Saturday and Sunday from 9:00 a.m. to 9:00 p.m.; and, 2) recreational programs provided by the Boys & Girls Club for La Quinta youths from 7:30 a.m. to 5:30 p.m. during the summer and 2:30 p.m. to 7:30 p.m. during the school year. The activities are listed under scope of services in the agreement and the proposed contract period is July 1, 1996 through June 30, 1997 for $60,000 In response to Council Member Perkins, Ms. Nicholson advised that the attendance records are included in the monthly department report and that the City has the ability to charge a fee for use of the facility. BIB] 08-30-1996-U01 09:30:51AM-U01 CCMIN-U02 07-U02 22-U02 1996-U02 ,(#City Council Minutes 12 July 22, 1996 In response to Council Member Adolph, Ms. Nicholson advised that the Bays & Girls Club enrollment is growing. Council Member Sniff expressed support for the program. In response to Council Member Henderson, Ms. Nicholson advised that staff communicates with the YMCA and Boys & Girls Club, but the Parks & Recreation Commission hasn?t. However, some type of reporting can be implemented to update the Commission on the programs these groups offer. Council Member Henderson felt that the Commission should be well aware of every recreational program provided by the City. MOTION- It was moved by Council Members Sniff/Adolph to approve the Joint Use of Facility and Services Agreement with the Boys & Girls Club of Coachella Valley, La Quinta Unit, and direct staff to utilize the General Fund Account in the amount of $30,000, CDBG Funds in the amount of $30,000 for the payments required by the Agreement. Motion carried unanimously. MINUTE ORDER NO.96-119. 7. See Page 23. 8. CONSIDERATION OF ACTIONS RELATING TO A SPECIAL MUNICIPAL ELECTION: A) ADOPTION OF RESOLUTION PROVIDING FOR AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5.1996 FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY. APPROVAL OF A CHARTER FOR THE CITY OF LA QUINTA. B? ADOPTION OF RESOLUTION REQUESTING CERTAIN SERVICES FROM THE RIVERSIDE COUNTY ELECTION DEPARTMENT IN CONNECTION WITH A SPECIAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION ON NOVEMBER 5,1996. Mr. Weiss, Assistant City Manager, advised that on July 2, 1996, the Council authorized staff to prepare resolutions for the purpose of placing the matter of the Charter City concept on the November ballot. Staff recommended that an impartial analysis and the Charter be mailed out with the sample ballot. The question on the ballot will read as follows: Shall the Charter be adopted making La Quinta a Charter City so that the laws of La Quinta shall prevail over State law with respect to municipal affairs? BIB] 08-30-1996-U01 09:30:51AM-U01 CCMIN-U02 07-U02 22-U02 1996-U02 ,( #City Council Minutes 13 Jujy 22, 1996 Council Member Perkins supported the ballot wording and expressed appreciation to staff for their work on what he felt is an important move for the City. Council Member Sniff supported placing this on the ballot and expressed appreciation to Council Member Perkins for his efforts in pushing this issue through. RESOLUTION NO.96-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, PROVIDING FOR AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 5.1996 FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY, APPROVAL OF A CHARTER FOR THE CITY OF LA QUINTA. It was moved by Council Members Perkins/Henderson to adopt Resolution No. 96-55 as submitted. Motion carried unanimously. RESOLUTION NO.96-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF RIVERSIDE COUNTY TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 5.1996 AND TO PROVIDE CERTAIN SERVICES IN CONNECTION THEREWITH. It was moved by Council Members Perkins/Henderson to adopt Resolution No. 96-56 as submitted. Motion carried unanimously. Council Member Perkins felt that any further publication should emphasize that it?s the City and not the Council that will receive more power through the Charter. Mayor Holt asked the City Attorney to investigate what impact Proposition 62 might have on Charter cities. BIB] 08-30-1996-U01 09:30:51AM-U01 CCMIN-U02 07-U02 22-U02 1996-U02 ,(#City Council Minutes 14 July 22, 1996 9. CONSIDERATION OF THE ENVIRONMENTAL DETERMINATION REGARDING COUNCIL DIRECTION TO PLANT TREES ALONG CALLE TECATE. Mr. Herman, Community Development Director, advised that on May 21, 1 996, the Council recommended that the largest and best date palm trees from the Hammer property be planted along the south side of Calle Tecate with the remaining trees planted along the Bear Creek Bike Path and in a hidden oasis south of Calle Tecate. Staff has determined that the placement of these trees is exempt from environmental documentation requirements under CEQA 1 5301 Class 4(b)) and recommends that Council affirm that finding and direct staff further in the placement of the trees. Council Member Henderson has received several phone calls in opposition?to the trees being planted along Calle Tecate and suggested that Council re- address the issue. She felt that the Hidden Grove site would be less likely to affect anyone and would create an oasis environment in the future that would be beneficial to the community. Some of the residents along Calle Tecate have provided her with photographs and have relayed their feelings about how the trees will obstruct their view. Mayor Holt felt that staff did a good job previously describing how the problems would be mitigated, but she didn?t have a problem re-addressing the issue as long as it didn't delay the planting of the trees. In response to Council Member Henderson, Ms. Honeywell, City Attorney, advised that there wouldn't be any problem with re-addressing the issue at this time. Council Member Henderson wished to see the Hidden Grove site considered as an alternative location for the trees. Mayor Holt felt that some of the residents may not understand the mitigation process and asked staff if the view obstruction would be mitigated. She also asked if there would be any problem watering the trees at the Hidden Grove site. Mr. Cosper, Public Works Director, advised that the trees would be a minimum of 25 feet high and planted on 25-foot centers, therefore the view would not be obstructed by the tops of the trees. A 50% loss is anticipated which will result in a net effect of being planted at 50-foot centers. There will be a small additional cost for installing irrigation if the trees are planted at the Hidden Grove site. BIB] 08-30-1996-U01 09:30:51AM-U01 CCMIN-U02 07-U02 22-U02 1996-U02 ,(#City Council Minutes 15 July 22, 1996 Council Member Henderson agreed that the tree tops would be out of the line of view, but felt that the tree trunks would resemble a row of telephone poles. They should be planted where they won't be a problem for anyone if such a place exists. Council Member Adolph has talked to residents that are concerned about the trees obstructing their view and he asked what size trees were proposed for Calle Tecate. Mr. Cosper advised that 80 trees over 25-foot high would be planted on 25- foot centers or 40 trees on 50-foot centers. There are 41 trees that are 22-40 feet high. Council Member Adolph believed the residents have a right to object to view obstruction. Council Member Sniff advised that he and Mr. Speer, the Senior Engineer, attended a meeting at the home of a resident on Calle Tecate to discuss this issue and only three other residents attended. He didn't feel that any of them had adamant positions against planting the trees along Calle Tecate and he's received several phone calls from residents who believe that it's a marvelous idea. The trees will be on 52-foot centers and there l's no possibility that the palm fronds will obscure the view. He pointed out that the tree trunks are only two feet in diameter and the obstruction factor is minimal. Some residents have been concerned about the maintenance of the trees and he assured them that they would be maintained. He wasn't opposed to planting some of the smaller ones in an oasis, but felt that the residents would be pleasantly surprised at how attractive the trees will look along Calle Tecate. Some residents have objected to planting the trees at the Hidden Grove site because they wish to maintain the natural environment there. He didn't feel that any serious objections exist to planting the trees along Calle Tecate and he wished to move forward with it. Mayor Holt was somewhat indifferent regarding this as she has not received any calls for or against this issue. Council Member Perkins has received two phone calls and he felt that the opponents have a legitimate complaint as far as the row of trees looking like a row of telephone poles because two-foot wide trees that are 52 feet apart will look close together. He felt that date palm trees should be clustered and that they wouldn't need as much maintenance if planted at the base of the mountain. He didn't feel that the trees belonged along Calle Tecate, especially BIB] 08-30-1996-U01 09:30:51AM-U01 CCMIN-U02 07-U02 22-U02 1996-U02 ,(#City Council Minutes 16 July 22, 1996 without contacting the homeowners, and suggested that they be planted at the Hidden Grove site. In response to Council Member Adolph, Mr. Cosper advised that approximately 50% of the trees would be planted along the Bear Creek Bike Path. MOTION It was moved by Council Members Henderson/Perkins to relocate the trees Hammer Trees) to the base of Martinez Peak in a clustered oasis setting. Council Member Sniff advised that he wouldn't support the motion. He believed that the residents are all aware of the potential tree planting and pointed out that none of them were present to raise an objection. He felt that it's a major loss for the trees to not be planted along Calle Tecate and advised that planting them on 52?foot centers is almost double the normal spacing of date palm trees. In response to Council Member Adolph, Mr. Cosper advised that the trees on Dune Palms Road are 20-30 feet apart. Motion carried with Council Member Sniff voting NO. MINUTE ORDER NO.96- 120. MOTION It was moved by Council Members Henderson/Perkins to adopt the Community Development Director's recommendation that planting of trees in the Hidden Grove is categorically exempt per Section 15301 Class 4(b)) of the Guide to the California Environmental Quality Act CEQA). Motion carried with Council Member Sniff voting NO. MINUTE ORDER NO.96-121. 10. CONSIDERATION OF ADOPTION OF RESOLUTION DIRECTING THE ENGINEER OF RECORD TO PREPARE THE PRELIMINARY ENGINEER'S REPORT FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 FOR FISCAL YEAR 1997/98. Mr. Cosper, Public Works Director, advised that the Landscape and Lighting District Act of 1972 requires the preparation of an annual Engineer's Report to provide current projected costs for construction, operation, maintenance, and servicing of the City's parks and landscape facilities and proposed assessment rates. The proposed resolution will initiate the process and the Final Engineer's Report will establish the final assessment levels for Council's consideration at the public hearings BIB] 08-30-1996-U01 09:30:51AM-U01 CCMIN-U02 07-U02 22-U02 1996-U02 ,(#City Council Minutes 17 July 22, 1996 Berryman & Henigar, Inc. B&H), who has been the Engineer of Record since the inception of the Landscape & Lighting Assessment District, submitted a proposal for services for fiscal year 1997/98 and upon conclusion of negotiations, it was determined that the annual cost to perform the services would be $23,700. In an effort to negotiate a cost savings to the City, B&H has proposed a three-year contract with an annual option for an additional three years. Staff recommended that B&H be asked to reconcile the land-use designations and assessments with the City's GIS software system which will make it easier to determine if properties are being assessed properly and either generate more revenues for the District or correct inaccurate assessments. B&H proposes to replace Jeffrey Cooper with David Cosper as the Engineer of Record. The estimated savings for these engineering services will be $806/annually or $2,419 for a three?year contract. He advised that $30,000 is included in the budget for the proposed services. He presented alternatives to Council including adoption of a resolution directing the preparation of the Engineer's Report and authorization to execute a contract with B&H for said services or to solicit proposals from other engineering services. In response to Council Member Adolph, Mr. Cosper advised that the first-year engineering cost of $16,500 is based on the City's current number of parcels which is 14,300 with $5/parcel added to the base cost of $16,500 for each additional parcel. Should a three-year contract be approved, the engineering costs for the second and third years will depend on the number of parcels at the end of the previous year. In response to Council Member Henderson, Mr. Cosper advised that the reason for initiating this process so early in the fiscal year is to enable Council to hold the required public hearings in the spring before some of the residents leave for the summer. Council Member Henderson was disappointed that an RFP wasn't distributed for these services, pointing out that the City has been struggling with having its hands tied in good faith negotiations in another issue, yet we seem to be voluntarily doing the same thing in this particular case. She wished to put it out to bid if sufficient time exists to do so. In response to Council Member Henderson, Mr. Cosper advised that the City's parcel inventory and assessments are on disks, but the formula has to be determined by the Engineer of Record. Council Member Henderson didn't mean to suggest that B&H hasn't done a good job, but she felt that the bidding process should be consistent. BIB] 08-30-1996-U01 09:30:51AM-U01 CCMIN-U02 07-U02 22-U02 1996-U02 ,(#City Council Minutes 18 July 22, 1996 Council Member Perkins felt that the two contracts referred to were different from each other and that this one is small enough to accept as it is. He pointed out that engineering costs have been reduced over a period of time under the present contract and considering what it costs to go out to bid, he wasn?t sure there would be any savings. Mayor Holt agreed, but appreciated Council Member Henderson's concerns. Council Member Henderson wished to see all multiple-year contracts go out to bid in the future and felt that the additional cost for doing so should be minimal if handled properly. Council Member Sniff was very much in favor of going out to bid on contracts. He suggested that this resolution be adopted and authorization provided to execute the agreement for one year and put the contract out to bid next year. Council Member Henderson concurred. Robert TVler, 44-21 5 Villeta Drive, felt that a conflict of interest exists and was appalled that the Council would consider a proposal presented by Mr. Cosper who is on contract to work for the City under the firm for whom he has proposed a contract for, with himself as the lead engineer. He pointed out that other agencies have a hard and fast rule about such actions and suggested that the Council terminate this procedure and go out to bid. Mr. Genovese, City Manager, advised that it?s not uncommon for a firm providing engineering services under a contractual relationship to also provide this type of service without additional approval by Council. In many cities, the firm providing the City Engineer will conduct the assessment district proceedings and very often be included in the contract. Ms. Honeywell, City Attorney, advised that she was not aware that Mr. Cosper would be making the presentation on this item and that based on maintaining continuity, she felt that it would have been more appropriate for someone other than himself to make the presentation. Council Member Henderson didn't see any impropriety to the point of being illegal, but felt that it was improper for Mr. Cosper to prepare and present the staff report. Mayor Hoit advised that she would be more uncomfortable with this situation had the City not worked with this firm for so long, but felt that perhaps BIB] 08-30-1996-U01 09:30:51AM-U01 CCMIN-U02 07-U02 22-U02 1996-U02 ,(#City Council Minutes 19 July 22, 1996 something had been learned from this and didn't have a problem with proceeding with this matter at this time. Council Member Perkins concurred. Council Member Sniff suggested that they would alleviate some of the perception if they retained Jeffrey Cooper as the Engineer of Record for this year instead of Mr. Casper. Council Member Henderson didn't have a problem with that and Council Member Adolph agreed that it would probably be mare appropriate. Council Member Perkins supported a one-year contract, but pointed Out that the contract is with the engineering firm and they should be the ones deciding who is assigned to the project. Council Member Sniff felt it would be better to specify Mr. Cooper as the Engineer of Record given the possible conflict of interest issue that has surfaced. Mr. Genovese suggested that this matter be continued to allow staff time to consult with B&H and the previous Engineer of Record to make sure that they don't have a problem with that. MOTION It was moved by Council Members Sniff/Henderson to continue the matter regarding Landscape & Lighting Assessment District 89-1 to the next meeting. Motion carried unanimously. MINUTE ORDER NO.96-122 11. CONSIDERATiON OF THE CONSULTANT-SELECTION PROCESS FOR DESIGN SERVICES NECESSARY TO PREPARE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATES FOR VARIOUS FISCAL YEAR 1996/97 CITY-WIDE STREET IMPROVEMENTS. Mr. Casper, Public Works Director, advised that on June 18, 1996, the following street improvements were approved as part of the Capital Improvement Program: traffic signals at Washington Street and Avenue 48, Washington Street and Avenue 52, Highway 111 and the Plaza La Quinta Shopping Center, and interim improvements at Highway 111 and Jefferson Street; a channel crossing at the Whitewater Storm Channel on Dune Palms Road; and, Washington Street improvements directly south of St. Francis of Assisi Church. Staff recommended that one firm handle the engineering services for all six projects to reduce costs. He advised that Council could BIB] 08-30-1996-U01 09:30:51AM-U01 CCMIN-U02 07-U02 22-U02 1996-U02 ,(#City Council Minutes 20 July 22, 1996 appoint one or two participants/observers to serve on the Consultant Selection Committee that would develop a short list of consultants from a list of qualified firms and review the RFP proposals to be submitted by the August 30, 1996 deadline. The Consultant Selection Committee is scheduled to meet on July 23, 1996 to develop the short list of consultants and the proposed members are John Freeland, Jerry Herman, and Tom Hartung. Council Member Adolph felt that having eight traffic signals within 2.7 miles on Washington Street was ludicrous and wouldn?t support this. Council Member Henderson suggested that any Council Members appointed to the Consultant Selection Committee be appointed as observers only. Council Member Perkins was comfortable with staff proceeding to handle it. In response to Robert TVler, 44-215 Villeta Drive, Mr. Cosper advised that the contract would be written with the ability to drop the Highway 111/Jefferson Street project if a proposed major project at that intersection seems likely. Mr. Cosper advised that the traffic signals would only be installed if justified by the traffic study that will be prepared as part of the project MOTION- It was moved by Council Members Sniff/Henderson to: 1) approve the Consultant Selection Committee; 2) approve the Request for Proposals for Preliminary Engineering and Design Services for various Fiscal Year 1996/97 street improvement projects; 3) authorize staff to receive proposals from qualified firms; and 4) negotiate terms of a Professional Services Agreement with the most qualified firm, as determined by the Consultant Selection Committee, to be considered by the City Council at a future date. Motion carried with Council Member Adolph voting NO. MiNUTE ORDER NO.96-123 CONSENT CALENDAR APPROVAL OF DEMAND REGISTER DATED JULY 22, 1996. 2. TRANSMITTAL OF TREASURY REPORT DATED MAY 31.1996. 3. APPROVAL OF OVERNIGHT TRAVEL FOR THE BUILDING & SAFETY DIRECTOR TO ATTEND THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS ANNUAL BUSINESS MEETING IN ST. PAUL, MINNESOTA, SEPTEMBER 8-13. 1996. BIB] 08-30-1996-U01 09:30:51AM-U01 CCMIN-U02 07-U02 22-U02 1996-U02 ,(#City Council Minutes 21 July 22,1996 4. APPROVAL OF PLANNING COMMISSION ACTION FOR PLOT PLAN 96-579 TO ALLOW CONSTRUCTION OF A MEDICAL OFFICE IN THE C-P ZONE, LOCATED NORTH OF THE INTERSECTION OF FRED WARING DRIVE AND WASHINGTON STREET. APPLICANT: THE WOODARD GROUP. 5. APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 28341-1, KSL LAND CORPORATION. 6. APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 28259-1. KSL LAND CORPORATION. 7. AUTHORIZATION TO PREPARE AN APPRAISAL REPORT INVOLVING CERTAIN LANDS OWNED BY ROXIE YESSAYIAN. 8. APPROVAL OF AGREEMENT WITH RIVERSIDE COUNTY OFFICE OF AGING FOR TITLE III PROGRAM. 9. AUTHORIZATION FOR THE MAYOR TO SIGN THE RIVERSIDE COUNTY COOPERATION AGREEMENT TO PARTICIPATE IN THE URBAN COUNTIES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR 1997/98 FISCAL YEAR. 10. AUTHORIZATION TO RECEIVE BIDS FOR JEFFERSON STREET RESURFACING, PROJECT 96-01. MOTION It was moved by Council Members Sniff/Adolph to approve the Consent Calendar as recommended. Motion carried unanimously. MINUTE ORDER NO.96-124. Council Member Henderson suggested that the Agreement with the Riverside County Office on Aging Title III Program be expanded to include legal counsel assistance to the seniors regarding property assessments. Council recessed to Closed Session to and until the hour of 7:00 p.m. CLOSED SESSION 1. Conference with City's real property negotiator pursuant to Government Code Section 54956.8, concerning potential terms and conditions of acquisition and/or disposition of real property located west of Simon Drive. south of Highway 111. and west of Adams Street. Property Owner Negotiator: Jack Franks. BIB] 08-30-1996-U01 09:30:51AM-U01 CCMIN-U02 07-U02 22-U02 1996-U02 ,(#City Council Minutes 22 July 22,1996 2. Conference with City?s real property negotiator pursuant to Government Code Section 54956.8. concerning the potential terms and conditions of acquisition and/or disposition of real property located at the northwest corner of Jefferson Street and Highway 111. Property Owner Negotiator: Greg George. 3. Conference with City?s real property negotiator pursuant to Government Code Section 54956.8, concerning the potential terms and conditions of acquisition and/or disposition of real property located south of Highway 11'1, between Adams Street and Dune Palms Road. Property Owner Negotiator: Christine Clarke. 7:00 P.M. PUBLIC COMMENT None PUBLIC HEARINGS 1. PLACEMENT OF THE REFUSE FEES ON THE TAX ROLLS IN THE AMOUNT OF $116.64 ANNUALLY. SAID FEE INCLUDES REFUSE COLLECTION, DUMP FEE, LANDFILL CLOSURE. RECYCLING PROGRAM, AB939 COMPLIANCE. & TRANSPORTATION COSTS. Mr. Herman, Community Development Director, advised that this public hearing was for the purpose of setting the rates for the City?s waste? disposal contract with the proposed residential rate being $9.72/monthly or $1 16.64/annually. A breakdown for both residential and commercial rates is included in Exhibit A of the staff report and the costs associated with the closure of the Coachella Landfill, including additional hauling costs, is shown in Exhibit B. He then reviewed the monthly charge breakdown, noting those costs that were reduced as well as the addition of transportation costs for having to haul to Edom Hill instead of Coachella. In response to Council Member Perkins, Mr. Herman advised that there was no overall increase in the rates from last year. The Mayor declared the PUBLIC HEARING OPEN. Joe Coker, 80-950 Vista Bonita Trail, spoke in support of the City's contract with Waste Management of the Desert He was pleased with their service and the fact that their rates didn?t increase. BIB] 08-30-1996-U01 09:30:51AM-U01 CCMIN-U02 07-U02 22-U02 1996-U02 ,(#City Council Minutes 23 July 22, 1998 Michael Jeffery, 78-755 Villeta Drive, believed Waste Management is committed to the valley and urged the Council to approve their contract. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. In response to Council Member Henderson, Ms. Honeywell, City Attorney, advised that the rates needed to be set at a public hearing prior to approval of the contract because they are a part of the contract. RESOLUTION NO.96-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING THE REPORT PRESCRIBING THE CHANGES FOR RESIDENTIAL PARCELS FOR CITY-FURNISHED REFUSE COLLECTION FOR 1996-97 AND DIRECTING THAT SUCH CHARGES BE COLLECTED ON THE TAX ROLLS. It was moved by Council Members Sniff/Adolph to adopt Resolution No.96-57 as submitted. Motion carried unanimously. BUSINESS SESSION...................continued 7. CONSIDERATION OF ACTIONS RELATING TO SOLID WASTE COLLECTION: A) ADOPTION OF A RESOLUTION APPROVING AN AGREEMENT FOR THE COLLECTION, TRANSPORTATION, AND DISPOSAL OF MUNICIPAL SOLID WASTE. B) ADOPTION OF A RESOLUTION APPROVING AN AGREEMENT FOR THE COLLECTION AND RECYCLING OF RECYCLABLE MATERIALS. Mr. Weiss, Assistant City Manager, advised that on June 18, 1996, Council granted a 30-day extension to the contract with Waste Management of the Desert. The proposed contract provides a number of enhancements to the City?s solid waste and recycling services such as automated collection, green waste program, backyard composting program, and public education programs. A semi-annual curbside City clean-up program is also provided at no additional charge as well as a holiday greenery collection. Solid waste collection and recycling have been separated into two separate agreements in response to court decisions that have taken place since the current contract was signed five years ago. There has been a restructuring of the mechanism by which the recyclables are accounted for within the agreements to allow for BIB] 08-30-1996-U01 09:30:51AM-U01 CCMIN-U02 07-U02 22-U02 1996-U02 ,(#City Council Minutes 24 July 22, 1996 implementation of a market-based program for commercial recyclable materials. Members of the City's negotiating team, the City Attorney, Community Development Director, and Cerene St. John from EcoNomics, Inc., were present to answer questions as well as Waste Management representatives who wish to make a presentation. Tom Freeman, 41-575 Eclectic, Palm Desert, Vice President of Waste Management of the Desert, introduced members of their negotiating team and thanked the City?s negotiating team for their assistance in making the proposal possible. He reviewed some of the 18 significant enhancements within the two agreements and advised that the residential rate has been reduced without affecting the high level of service provided to residents. He felt that Waste Management has negotiated an outstanding contract with the City in good faith as required by the previous contract and he urged Council to unanimously approve it. Jim Brockman, 53-600 Polk Street, Coachella, District Manager for Western Waste Industries, believed there could have been additional enhancements to the contract if an RFP had been distributed and pointed out that it could still be done since the *`good faith" negotiations have been completed. He questioned whether the contract was the best the City could get for its residents and didn't understand the purpose of two separate agreements. In regards to AB939 and CERCLA indemnification clauses, he believed Waste Management should be held responsible for providing a 50% diversion by the year 2000 and that a $1 million cap on the CERCLA indemnification is insufficient. He pointed out that the contract does not address how green waste would be handled if local composting facilities don't exist. He felt that it?s a good contract for residential service, but pointed out that it allows commercial accounts to be charged for recycling which may hamper the City's recycling program. He urged the Council to extend the contract another 30 days to take a closer look at it or at least open up the commercial part of the contract to competitors. Pat Cross, 78-750 Saguaro, representing Browning Ferris Industries, advised that they wish to submit an RFP if the services go out to bid. Robert Tyler, 44?21 5 Villeta Drive, questioned why competitive bidding wasn't allowed on this contract and asked if a good faith" clause was included in the new contract that would preclude competitive bidding next time. He questioned how the City was supposed to know if they have received the best deal if they don't put the services out to bid. BIB] 08-30-1996-U01 09:30:51AM-U01 CCMIN-U02 07-U02 22-U02 1996-U02 ,(#City Council Minutes 25 July 22, 1996 John McDermott, 44-650 Seeley Drive, has a great deal of faith and trust in Waste Management and urged the Council to approve their contract. He experienced terrible service when he lived in Long Island and has been very pleased with the service in La Quinta and the cleanliness of it. In response to Council Member Perkins, Ms. Honeywell, City Attorney, advised that under the good faith" clause in the current contract, the City was required to negotiate in good faith with Waste Management to extend the contract and she felt that has been done. The new contract does not include a good faith" clause. In response to Mayor Holt, Mr. Weiss advised that the contract was separated into two parts because of recent litigation and changes within recycling jaws. Ms. Honeywell advised that the separate contracts was the City?s idea. It was based on the litigation experienced by Rancho Mirage. The idea behind it is that the contracts can be negotiated and bid separately. Mayor Holt asked if there would be any danger in losing the recycling program. Mr. Weiss advised that the contract provides for residential recycling, but commercial recycling is treated somewhat differently as it recognizes the ability for an open market to exist for commercial recyclable materials. The new contract allows Waste Management to charge a fee for commercial recycling based on what the market will bare and, therefore, compete on the open market. The current contract doesn't allow a recycling fee because it was written with the idea that recycling service could be sole-sourced. The maximum charge for recycling would be the same as the collection of solid waste. Mayor Holt was concerned about the possibility of not having a green waste program if no local facilities exist. Cerene St. John, Principal Vice President for EcoNomics, Inc., advised that the contract requires Waste Management to provide a green waste program for non-gated communities. They have agreed to direct the green waste to a composting facility selected by the City which is Cal Biomass in Thermal. It didn't seem cost-effective to go out to bid at the present time, but the contract contains a very broad change of scope clause in both agreements should another composting facility be needed in the future. Transportation costs for green waste are included in the contract, but if another facility is selected, those costs would have to be renegotiated. BIB] 08-30-1996-U01 09:30:51AM-U01 CCMIN-U02 07-U02 22-U02 1996-U02 ,(#City Council Minutes 26 July 22,1996 Mayor Holt pointed out the possibility of direct-mail brochures for public education on recycling winding up in the trash and, thereby, increasing the junk mail that the enhanced recycling services would be trying to address. She suggested that Waste Management utilize and put dollars into the newsletter for public awareness as much as possible. Mr. Weiss advised that such concerns could be addressed during the City?s annual review of the program with Waste Management that's provided in the contract. In response to Council Member Henderson, Ms. Honeywell advised that it?s staff's understanding that construction sites are included in the recycling agreement. The general contract provides a specific provision that includes construction materials on construction sites with the exception of any recycling materials that the contractor has set aside. She viewed construction sites as being a form of commercial or industrial business. Ms. St. John confirmed Ms. Honeywell's comments and pointed out that they are required to use Waste Management for trash co?lection, but not for recyclables. In response to Council Member Henderson, Ms. Honeywell advised that recyclable materials on construction sites are considered open market and may be sold or hauled away free. However, Waste Management is the only entity that can charge to haul those materials away should they have no recycling value. Construction sites can be specifically included in the contract as commercial businesses if the Council wishes. In response to Council Member Adolph, Mr. Herman, Community Development Director, advised that Section 8.01.070 of the Municipal Code requires a contractor to have a trash bin on-site for the purpose of having the City's trash hauler remove the trash, excluding recyclable materials. In response to Mayor Holt, Mr. Weiss advised that gated communities handle their own waste disposal contracts, but automated service would begin no later than April 1, 1997. Ms. St. John advised that Waste Management will work with gated communities on an individual basis for automated service, making it available for those who wish to have it. In response to Council Member Henderson, Mr. Weiss confirmed that the City would control the flow line. BIB] 08-30-1996-U01 09:30:51AM-U01 CCMIN-U02 07-U02 22-U02 1996-U02 ,(#City Council Minutes 27 July 22, 1996 Council Member Henderson expressed concern about the community being flooded with public education brochures on recycling. She pointed out that Waste Management and EcoNomics are both required in their contracts to provide such education and suggested that they utilize the newsletter for such information to reduce the amount of junk mail. She hoped that the waste disposal contract would eventually be able to absorb the AB939 issues currently handled in the contract with EcoNomics as she has a hard time understanding why the contracts with two separate entities handle like- services. Council Member Perkins felt that the good faith" clause in the current contract places the City in a tremendous bind and wished to make sure that it's not included in the new contract. He felt that the Council's only alternative is to proceed with the current contractor. Mayor Holt felt that these services should have gone out to bid because she believes in competitive bidding. She didn't have any complaints against Waste Management, but felt that the only way a contract can be negotiated in good faith for the City's constituents is to go out to bid. She would not support this contract because she felt that it's her constituents that she owes a good faith" effort and not the contractor. Council Member Adolph advised that he's also a firm believer in competitive bidding, but felt that this Council is responsible for keeping a commitment that the previous Council made with Waste Management. Therefore, he would support this contract, but would not support a contract that includes a good faith" clause. Mayor Holt felt that good faith" negotiations have taken place and that the City is now free to go out with an RFF. Council Member Sniff felt that all contracts should be negotiated in good faith even if it's not included in the contract language. He felt that the negotiators have done a good job and that the City should move forward with the contract. Council Member Henderson advised that she thoroughly believes in an open bid process, but felt that her hands were tied and must abide by the intent of the clause in the current contract. She felt that good faith" negotiations have taken place and have resulted in a good contract. She didn't believe that going out to bid would offer any significant changes, but wished that Waste Management had offered to release the City from the good faith" clause several months ago. She was disappointed that Western Waste and BFI didn't BIB] 08-30-1996-U01 09:30:51AM-U01 CCMIN-U02 07-U02 22-U02 1996-U02 ,(#City Council Minutes 28 July 22, 1996 go ahead and submit proposals based on information from public documents. She advised that she would support the contract. RESOLUTION NO.96-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA. CALIFORNIA. APPROVING AN AGREEMENT FOR COLLECTION, TRANSPORTATION, AND DISPOSAL OF MUNICIPAL SOLID WASTE BY AND BETWEEN THE CITY OF LA QUINTA AND WASTE MANAGEMENT OF CALIFORNIA, INC. It was moved by Council Members Sniff/Adolph to adopt Reso?Resolution No.96-58 as submitted. Motion carried with Mayor Holt voting NO. RESOLUTION NO.96-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA. CALIFORNIA, APPROVING AN AGREEMENT FOR THE COLLECTION AND RECYCLING OF RECYCLABLE MATERIALS BY AND BETWEEN THE CITY OF LA QUINTA AND WASTE MANAGEMENT OF CALIFORNIA, INC. It was moved by Council Members Henderson/Adolph to adopt Resolution No. 96-59 as submitted. Motion carried with Mayor Holt voting NO. PUBLIC HEARING...............continued 2. GENERAL PLAN AMENDMENT 96-052 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, 5.66 AND A PORTION OF CHAPTER 5.72. INITIATED BY THE CITY OF LA QUINTA. Ms. di lono, Planning Manager, presented staff report advising that this matter was continued from the Council Meeting of June 18, 1996 to allow staff time to address concerns ra?sed at the public hearing. The topics were: 1) development standards, specifically, sideyard setbacks, parking and accessory uses; 2) recreational vehicle uses and 3) the equestrian overlay. Regarding the development standards, all of the issues raised by the BIA were revised with regard to parking and sideyard setbacks, accessory uses are now being BIB] 08-30-1996-U01 09:30:51AM-U01 CCMIN-U02 07-U02 22-U02 1996-U02 ,(#City Council Minutes 29 July 22, 1996 allowed to exceed the 200 sq. ft. currently proposed in the ordinance; and any accessory buildings over 200 sq. ft. must meet the setback standards as required in that particular district. Also added, was the issue regarding guesthouses more than one guesthouse will be allowed on parcels over 10 acres. Regarding recreational vehicles, they are now allowed to stay on streets and driveways for only 24 hours. regarding the equestrian overlay, no changes are being recommended by staff. She noted that the proposed ordinance requires all pastures, corrals and open areas to be fenced from non-equestrian abutting properties. Fencing for existing uses will not be required until a related physical improvement is proposed. Additionally, the ordinance has been written to encourage composting and other potential reuse of manure. Spreading of manure is allowed for commercial operations Regarding lighting and sound, within the overlay requirements lighting is limited to 9:00 pm and sound is limited from 8:00 am to 9:00 pm. An additional change that was not addressed in the staff report is to allow secondary dwelling units to apply for a minor use permit as opposed to a conditional use permit, which is similar to guesthouse requirements. She concluded in saying that the General Plan has been updated to reflect the most current information regarding land use designations and the Zoning Code update will implement the goals and policies of the General Plan. In response to Council Member Adolph, Ms. di lono advised that secondary dwelling units can have a range, it is guesthouses that cannot. A secondary unit is commonly called a granny flat and can be rented if it meets certain criteria Council Member Adolph expressed concern about the reduction in parking spaces in residential areas because with a four bedroom house and with teenagers living there, there could end up being four vehicles with no place to park them. Ms. di lono advised that that was omitted upon the recommendation of the BIA. Council concurred on leaving in the parking space requirements. The Mayor declared the PUBLIC HEARING OPEN. BIB] 08-30-1996-U01 09:30:51AM-U01 CCMIN-U02 07-U02 22-U02 1996-U02 ,(#City Council Minutes 30 July 22, 1996 MARVIN ROOS, representing the Building Industry Association, advised that they are very comfortable with the document and the revisions being recommended. Regarding the parking issue, they didn't feel that it was a widespread issue, but rather a market issue. It's very expensive to provide these additional parking spaces and he hoped to continue this discussion or to go with staff's recommendation. Regarding the sideyard gate, they continue to request that the gate width be removed to allow for a larger gate at least 48". ROBERT DANIELS, 46-485 Cameo Palms Drive, asked for Counci?'s consideration regarding the size of accessory structures as there are larger lots in the City that will accommodate an accessory structure larger than 200 sq. ft. He suggested that the size of the lot be taken into consideration. Mr. Herman advised that an addition has been made to the ordinance 201 plus sq. ft. has been added for accessory uses that will be required to comply with the setbacks in the underlying zones. SONNY KANLIAN, 50-400 Jefferson Street, addressed the matter of the equestrian zoning advising that the zoning mix of residential/equestrian doesn't work. He related the code requirements in Rancho Mirage regarding their equestrian district commenting that it's much more strict. He requested that a requirement for an inner fence be required along with a requirement for manure to be hauled off and no lights on weekends except for special events. He also commented on code violations which exists on the property adjoining his and questioned why code enforcement is not dealing with these violations, i.e. a rooster on the property and manure piled up against his fence. REBECCA SABETTA. 51-975 Avenida Ramirez, requested an exception to the 20 x 20 garage size requirement to allow for remodeling of older homes. She advised that she's trying to add a 3 hallway in her garage to allow access to a new room to the rear of the house. She advised that this will still allow space for parking of two cars. Mr. Herman advised the code requires a 20' x 20' garage in order to park two cars. If someone wishes to intrude into that space for some reason such as a hot water heater, it would require expansion of the garage to 24' x 20'. KEITH REECE, 80-209 Avenue 50, advised that they are disposing of 100% of the manure on their property. Regarding lighting, he said that he has five lights that don't put out any more light than the one yard light the Kanlians have and they are pointed straight down into the arena. He felt that a 9:00 pm limitation BIB] 08-30-1996-U01 09:30:51AM-U01 CCMIN-U02 07-U02 22-U02 1996-U02 ,(#City Council Minutes 31 JuJy 22, 1996 on lights is unreasonable since the Sports Complex lights are allowed to remain on until 10:00 pm. BARBARA IRWIN, 44-065 Camino La Cresta, asked that the Council remove the deletion on Table 9-11 regarding off-street parking and that the pedestrian gate be maintained, noting that she and others have worked very hard toward establishing higher development standards. WANDA REECE. 80-209 Avenue 50, advised that the planning staff has been working hard on this document for several years and felt that everything has been covered and urged the Council to adopt the document as recommended by the Planning Commission. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. Council Member Perkins stated that he did not agree with the recommendations made by the BIA regarding parking spaces in residential areas because he didn't feel that parking on streets is desirable. The standards originally in the ordinance were fair enough and should remain. He supported a 24-hour requirement on the parking of R.V.'s. He had a problem with parking R.V.'s in a sideyard as he didn't know of anything more distracting to a neighbor. Regarding the gate size, he continued to support a 36 gate, commenting that any work done in the backyard should include the cost of access. Regarding the light requirement in the equestrian overlay zone, he felt that lights and sound should both be allowed until 10:00 pm. Council Member Adolph concurred with all of Council Member Perkins' comments. In response to some questions, Mr. Herman advised that all lighting has to comply with the Dark Sky Ordinance and regarding sound, there is a residential standard which Code Enforcement can enforce utilizing a sound meter. Regarding the grandfather clause in the equestrian overlay zone, Ms. Honeywell, City Attorney, advised that some improvement to the property would remove the grandfather clause. Council Member Henderson stated that she had a problem prohibiting the parking of R.V.'s in the sideyard and backyard if they are properly screened. She felt that people have choices, and those who wish to have the more strict requirements chose to live in gated communities where they have the stronger restrictions. She also pointed out that R.V.'s include boats and a boat in a sideyard should not be seen. BIB] 08-30-1996-U01 09:30:51AM-U01 CCMIN-U02 07-U02 22-U02 1996-U02 ,( #City Council Minutes 32 July 22,1996 Council Member Perkins stated that he objected to parking of any R.V. higher than a six-foot wall. Mayor Holt and Council Member Adolph agreed with the parking of R.V.'s in the sideyard or backyard if they are properly screened. Regarding the request made by Ms. Sabetta, Council Member Henderson wished to see some kind of latitude given to the Community Development Director to approve a request like hers because a homeowner could very well make this kind of change without getting a permit and without doing it properly, so by providing a method of allowing such a modification would ensure that the work would be done properly. Council Member Perkins asked if home inspections are being made by the City when property is sold and Mr. Herman advised not. Council Member Perkins asked that staff research this matter and report back. Council Member Adolph and Mayor Holt agreed. Council Member Sniff advised that so many of the homes were built so many years ago that there may not be plans available. He did not support a prohibition of R.V.'s being parked on the sideyard or backyard if properly screened. He also had no problems with lights/sound on until 10:00 pm. He also felt that the residential parking requirement should go back to the way it was and had no problem with a 48" gate. Regarding the equestrian overlay zone, he said that he could see problems on both sides, but supported the proposed ordinance. He also supported the 24-hr. parking of R.V.'s on streets and driveways. Council Member Sniff asked if Ms. Sabetta's problem was adequately addressed and Ms. di Iorio advised that there is a provision in the new ordinance for the Community Development Director to make a determination of 10% on any minor adjustment to the development standards. MARILYN PRIESTLY 44-300 Camino La Vonda, felt that R.V.'s should be allowed in the sideyard if properly screened. She felt that 24 hours on the street would be adequate, but is a little short after a long trip. In response to Council Member Perkins, Mr. Herman advised that properly screened means a 6' opaque fence/wall. BIB] 08-30-1996-U01 09:30:51AM-U01 CCMIN-U02 07-U02 22-U02 1996-U02 ,(!#City Council Minutes 33 July 22,1996 Council Member Perkins felt that he could support the parking in sideyards if a better definition of screening is developed. Council concurred. Council also concurred on the following: 1. 48" sideyard gate 2. Lights on until 10:00 pm in equestrian overlay zone 3. Return residential parking to original standard 4. R.V. parking allowed in sideyard and backyard with proper screening 5. Allow secondary dwelling units to be approved by a minor use permit RESOLUTION NO. 96-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 96-318 PREPARED FOR GENERAL PLAN AMENDMENT 96-052 AND ZONING ORDINANCE AMENDMENT 96-050 ZONING CODE) It was moved by Council Members Sniff/Adolph that Resolution No.96-60 be adopted as submitted. Motion carried unanimously. RESOLUTION NO.96-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA. APPROVING A GENERAL PLAN AMENDMENT TO AMEND THE LAND USE ELEMENT AND LAND USE POLICY DIAGRAM. It was moved by Council Members Sniff/Adolph that Resolution No.96-61 be adopted as submitted. Motion carried unanimously. MOTION It was moved by Council Members Sniff/Adolph to take up Ordinance No. 284 as amended by title and number only and waive further reading. Motion carried unanimously. BIB] 08-30-1996-U01 09:30:51AM-U01 CCMIN-U02 07-U02 22-U02 1996-U02 ,("#City Council Minutes 34 July 22, 19S6 ORDINANCE NO.284 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 9 ZONING CODE) OF THE LA QUINTA MUNICIPAL CODE EXCEPT CHAPTER 9.160 SIGNS). AND DELETING CHAPTERS 5.36.5.37, 5.64.5.68. AND PORTIONS OF CHAPTER 5.72 AND SECTION 6.08.105. It was moved by Council Members Sniff/Adolph to introduce amended Ordinance No.284 on first reading. Motion carried on the following vote: AYES: Council Members Adolph. Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSTAIN: None ABSENT: None Council recessed at this time to Redevelopment Agency and Financing Authority. Council reconvened to regular session. STUDY SESSION 1. DISCUSSION REGARDING SENIOR CENTER RENTAL POLICY. Continued to August 6, 1996. REPORTS AND INFORMATIONAL ITEMS All reports were noted and filed. MAYOR AND COUNCIL MEMBERS' ITEMS Council Member Henderson noted that the trailer on the La Quinta One Eleven Center has been given a four-month extension by staff. Council recessed to Closed Session. BIB] 08-30-1996-U01 09:30:51AM-U01 CCMIN-U02 07-U02 22-U02 1996-U02 ,(##City Council Minutes 35 July 22, 1996 CLOSED SESSION 1. CONFERENCE WITH CITY'S REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED WEST OF SIMON DRIVE. SOUTH OF HIGHWAY 111, AND WEST OF ADAMS STREET. PROPERTY OWNER NEGOTIATOR: JACK FRANKS. 2. CONFERENCE WITH CITY'S REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING THE POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF JEFFERSON STREET AND HIGHWAY 111. PROPERTY OWNER NEGOTIATOR: GREG GEORGE. 3. CONFERENCE WITH CITY'S REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING THE POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED SOUTH OF HIGHWAY 111, BETWEEN ADAMS STREET AND DUNE PALMS ROAD. PROPERTY OWNER NEGOTIATOR: CHRISTINE CLARKE. 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. Re ectfully submitted, AUNDRA L JUHOLA City Clerk City of La Quinta California BIB] 08-30-1996-U01 09:30:51AM-U01 CCMIN-U02 07-U02 22-U02 1996-U02