Loading...
1996 10 01 CC Minutes, LA QUINTA CITY COUNCIL MINUTES October 1, 1996 Regular meeting of the La Quinta City Council of October 1, 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 Dr. Robert Potter, 51-780 Avenida Villa, Senior Minister of Christ of the Valley Church, thanked the Council for enabling them to use the Senior Center facility for Sunday services They expect to build their own facility in the future and have a positive impact on the City. He urged continuance of the low rental fee and expressed hope to receive approval for two additional rooms at the facility. Miriam Kahn, 52-228 Avenida Obregon, spoke regarding the need for a dog park where they can exercise and interact with each other and children. Council Member Perkins suggested referring this matter to the Parks & Recreation Commission, noting that Palm Desert has a very successful dog park. CONFIRMATION OF AGENDA Mr. Genovese, City Manager, asked that an item be added to the agenda as Business Session Item No. 11 regarding a request from Coachella Valley Recreation & Park District to waive fees for the Oktoberfest carnival. He also noted that additional correspondence was received and distributed to Council regarding Written Correspondence No.1. Council Member Henderson asked that Consent Calendar Item No. 10 be pulled and added as Business Session Item No. 12. Council Member Adolph asked that Consent Calendar Item Nos. 4, 6, and 8 be pulled and added as Business Session Item Nos. 13, 14, and 15. BIB] 10-24-1996-U01 08:39:44AM-U01 CCMIN-U02 10-U02 01-U02 1996-U02 , City Council Minutes 2 October 1, 1996 MOTION Ft was moved by Council Members Sniff/Adolph to add the request from Coachella Valley Recreation & Park District for waiver of fees for the Oktoberfest Carnival as Business Session Item No. 11 as the need to take action came up after the agenda was posted; pull Consent Calendar Item No. 10 Revised Human Services Commission Work Plan) and add it as Business Session Item No. 12; pull Consent Calendar Item Nos. 4 Improvement Agreement with USA Properties Fund), 6 Overnight Travel for Council Member Adolph to Attend League of California Cities Conference), and 8 Lighting Improvements for Sports Complex) and add them as Business Session Item Nos. 13, 14, and 1 5 respectively. Motion carried unanimously. APPROVAL OF MINUTES MOTION It was moved by Council Members Adolph/Sniff to approve the City Council Minutes of September 17, 1996 as submitted. Motion carried unanimously. ANNOUNCEMENTS Council Member Adolph announced that a benefit golf tournament, raising approximately $6,000 to extend the hours of the library, was held by the Friends of the La Quinta Library and he thanked Robert and Honey Atkins and Diane Adolph for their efforts in this benefit. He also thanked Council Member Henderson for her contribution. PRESENTATIONS None WRITTEN CORRESPONDENCE 1. LETTER FROM THE VOICE FOR OUR CHILDREN REGARDING CHILDHOOD HEALTH PROBLEMS Noted and filed. BUSINESS SESSION 1. CONSIDERATION OF A REQUEST BY THE LA QUINTA HIGH SCHOOL BLACKHAWK BRIGADE BOOSTERS TO PROVIDE FINANCIAL ASSISTANCE. Mr. Weiss, Assistant City Manager, advised that on September 17, 1996, Council directed staff to meet with representatives of the Blackhawk Brigade Boosters to discuss their financial request for $25,000 and bring it back to BIB] 10-24-1996-U01 08:39:44AM-U01 CCMIN-U02 10-U02 01-U02 1996-U02 , City Council Minutes 3 October 1,1996 Council for consideration. As a result of that meeting, the Boosters have presented an outline of their current budget, future budget proposals, funding sources, and priority needs which are band uniforms, School District loan payment, and Chorus gowns. Council Member Henderson felt that the group is providing an admirable service to the community and school, but she has a problem funding School District programs with City funds, pointing out that the District receives 30C on every property-tax dollar and the City only receives 5C. She was concerned about the District loaning the Boosters money for uniforms and now that loan payment is a part of the group's financial request to the City. In response to Council Member Henderson, Toni Brown, 79-225 Westward Ho Drive, President of La Quinta High School Blackhawk Brigade Boosters, advised that the band program began with $5,000 from the school and a $14,000 loan from the School District with a current balance of $9,000. For the first time in three years, all students are in some type of uniform, but without the requested funding, they'll be in the same predicament next year when new students come in. She was concerned that without uniforms and the ability to compete with other schools, students will lose interest and want to change schools. Council Member Henderson advised that she understood the amount of time and money parents put into fund-raising activities, having put five children through school. However, due to the number of City issues that need to be addressed, she could only support funding for the purchase of ten uniforms. She referred to sections of the City of Palm Desert/Palm Desert Middle School contract attached in the staff report and hoped that Council had noticed the financial-reporting and political-activity clauses contained therein. She further hoped that Council would provide input back to staff relative to those clauses in the City's own contracts. Ms. Brown felt that children should be one of the City's top priorities to which Council Member Henderson advised that they are. Ms. Brown advised that students aren't required to buy their uniforms to participate in band because of their extreme cost, unlike track and field uniforms that only cost $35. It's also not culturally acceptable to charge admission for their concerts, nor is there room in their 300seat theater. In response to Council Member Sniff, Ms. Brown advised that they now have 92 uniforms and additional ones will cost $244 each. The uniforms are generically fit to everyone because they are rotated to another student each BIB] 10-24-1996-U01 08:39:44AM-U01 CCMIN-U02 10-U02 01-U02 1996-U02 , City Council Minutes 4 October 1, 1998 year. The students are charged a usage fee of $25 which goes into a replacement fund for new uniforms or repairs. The uniforms are not allowed to be taken home. Council Member Sniff supported funding to purchase the necessary number of uniforms, but not Chorus gowns or the School District loan which he felt is not the City's direct responsibility and should be forgiven by the District. He suggested a funding amount of $5,000 which would purchase 20 uniforms. In response to Council Member Adolph, Ms. Brown advised that the life expectancy of the uniforms is 30 years. in response to Council Member Adolph, Mr. Weiss advised that the current balance in the Special Projects Contingency Fund is $40,000. In response to Council Member Adolph, Ms. Brown advised that their bare bones" request would be $7,300 for the purchase of new uniforms, otherwise they'll have a shortage of uniforms again next year. The purchase of new uniforms is their top priority and they will repay the District loan as they are able. Council Member Adolph supported a funding amount of $7,300 for the purchase of new uniforms. Council Member Perkins pointed out that the Council will get a number of financial requests before the end of the fiscal year and must try to distribute the funds equitably. He supported funding of $7,320 to purchase new uniforms, but would not support their request to repay the District loan which he, too, felt should be forgiven. Mayor Holt concurred with the $7,320 amount, advising that the City supports many youth organizations that deal with children at risk and she felt that a group representing 10% of the student body that is putting forth effort to improve the community should be rewarded. The Council must be responsible in spending taxpayers dollars, but she felt that this is a good place to spend it because those who will benefit from it are children of the City's taxpayers. She was willing to help encourage the District to forgive their loan, but agreed that repayment of the loan is not the City's responsibility. BIB] 10-24-1996-U01 08:39:44AM-U01 CCMIN-U02 10-U02 01-U02 1996-U02 , City Council Minutes 5 October 1,1996 MOTION- It was moved by Council Members Sniff/Adolph to provide $7,320 from the Special Projects Contingency Account to the La Quinta High School Blackhawk Brigade for the purchase of uniforms. Council Member Henderson advised that she would be delighted to pay admission to one of their concerts and didn't understand why they aren't allowed to charge admission. She suggested that they seek an extension on their loan to stretch out the payments. Motion carried unanimously. MINUTE ORDER NO. 96-141. 2. CONSIDERATION OF A REQUEST BY CALIFORNIA STATE UNIVERSITY IN SAN BERNARDiNO FOR THE CITY TO APPOINT A LIAISON TO WORK WITH THE UNIVERSITY STAFF TO KEEP THE CITY INFORMED ON A PERMANENT CAMPUS IN THE COACHELLA VALLEY. Mr. Wilson, Management Assistant, advised that on August 6, 1996, Dr. Peter Wilson, Dean of the Coachella Valley Campus of Cal-State San Bernardino, made a presentation to Council regarding the development of a permanent university campus in the valley. He advised that the City has been asked to appoint a liaison to work with campus staff for the purpose of updating Council on their progress. Council Member Sniff suggested that the City Manager appoint a staff member as a liaison. Council concurred. In response to Council Member Adolph, Mr. Wilson advised that the time requirements would be minimal since construction of the campus is not expected for 1 5 years. Council Member Perkins felt that it's a very important project and should have appropriate staff appointed. MOTION It was moved by Council Members Sniff/Adolph to direct the City Manager to designate a member of City Staff as liaison to the California State University of San Bernardino regarding a possible Coachella Valley campus. Motion carried unanimously. MINUTE ORDER NO.96-142. BIB] 10-24-1996-U01 08:39:44AM-U01 CCMIN-U02 10-U02 01-U02 1996-U02 , City Council Minutes 6 October 1, 1996 3. CONSIDERATION OF A REQUEST BY SUPERVISOR WILSON'S OFFICE FOR THE CITY TO APPOINT A COUNCIL MEMBER TO SERVE ON THE LIBRARY ZONE ADVISORY BOARD. Mr. Weiss, Assistant City Manager, advised that, due to the financial stress that the valley's libraries have experienced over the last few years, the cities have been trying to come up with alternative means to better utilize the monies available for library services and distribute them more fairly. Staff's participation has included attendance at County task force and other meetings, analysis of the library audit, and review and analysis of current law and financial records by the City Attorney and redevelopment consultants with respect to the monies contributed by the City through pass-thru agreements for library services. The audit authorized by the County Board of Supervisors detailed the expenses of each library and the monies generated in the various communities in support of library Services and resulted in a recommendation that library zones be formed whereby monies generated within an individual zone would be used in that zone. Supervisor Wilson has requested that an elected official be appointed to serve on the Zone Advisory Board ZAB). Council Member Perkins advised that Supervisor Wilson is very anxious for the City to make an appointment as soon as possible. He suggested that Council Member Henderson be appointed to serve on the ZAB to which she agreed. Council Member Sniff suggested that Council Member Adolph be appointed as an alternate. Mayor Holt advised that the City Managers and Mayors have placed this issue at the top of their list during their meetings because of its importance and she concurred with the suggested appointments. MOTION- It was moved by Council Members Sniff/Perkins to appoint Council Member Henderson to serve on the Library Zone Advisory Board and that Council Member Adolph be appointed as alternate. Motion carried unanimously. MINUTE ORDER NO.96-143. 4. CONSIDERATION OF A REQUEST BY SENATOR DIANNE FEINSTElNS OFFICE REGARDING THE CITY'S POSITION ON THE PROPOSED TORRES-MARTINEZ SETTLEMENT AGREEMENT. Mr. Weiss, Assistant City Manager, advised that the City has been asked by Senator Feinstein to take a position on legislation that is currently pending in the U. S. Senate regarding the Torres-Martinez Settlement Agreement. The BIB] 10-24-1996-U01 08:39:44AM-U01 CCMIN-U02 10-U02 01-U02 1996-U02 , City Council Minutes 7 October 1,1996 agreement has been approved by the House of Representatives and will allow the Torres-Martinez Tribe to be compensated for land losses. It is not known at this time whether any action taken by Council will have an impact on the Senate coming to a decision on this matter since they are nearing the end of their current session. A draft letter for Councils consideration has been prepared which takes no position except to reiterate the City's wish to protect itself and its land-use authority as conveyed in previous correspondence to Senator Bono. Robert Tyler 44-215 Villeta Drive, respectfully urged the Council to remain neutral in this matter as several neighboring cities have done. He didn't feel that it's a La Quinta issue nor would the City's position have much influence on the outcome of the Senate vote. Mayor Holt supported taking a neutral position. Council Member Sniff advised that the issue has been put on hold by two senators from Nevada, but he didn't see any problem with sending the draft letter which clarifies the City's concern and interest for future reference. Council Member Adolph agreed that it's a dead issue for now and couldn't support it in any manner until the full ramifications are known. Council Member Henderson agreed that the City should continue voicing its concern regarding the land-use issues and felt that Senator Feinstein's request for input was appropriate. She suggested modification to the draft letter to clarify the City's neutral position. Mr. Genovese, City Manager, advised that the letter could be modified to clarify the City's neutral position on the agreement and the City's stand regarding City of La Quinta veto power" over acquisition proposals within the City's sphere of influence. Council concurred. MOTION It was moved by Council Members Sniff/Adolph to authorize a modified letter over the City Manager's signature to Senator Feinstein's Office regarding the Torres-Martinez Settlement Agreement to indicate a neutral position). Motion carried unanimously. MINUTE ORDER NO.96-144. BIB] 10-24-1996-U01 08:39:44AM-U01 CCMIN-U02 10-U02 01-U02 1996-U02 , City Council Minutes 8 October 1, 1996 5. CONSIDERATION OF A REQUEST BY THE LA QUINTA ARTS FOUNDATION TO RENEGOTIATE/AMEND THE LEASE AGREEMENT WlT THE CITY. Mr. Weiss, Assistant City Manager, advised that on September 3, 1 991 the City and La Quinta Arts Foundation entered into a 40-year lease agreement that commences upon issuance of a building permit and has an annual rent of $1/year. The Arts Foundation has requested an extension to one of the terms of the agreement which calls for them to obtain a building permit within five years of the agreement date and they wish additional time to consider their options. Council Member Sniff felt that a one-year extension would be appropriate. Council Member Henderson wasnt opposed to an extension, but advised that she wished to take another look at the Civic Center campus. She questioned the short notice in the right-of-first-refusal clause" in the agreement as well as the need for the City to approve the sale of items, noting that such perception of responsibility could include liability as well. Council Member Sniff didn't feel that changes to the agreement are necessary at this time and that they could be dealt with later. Council Member Henderson agreed, but felt that these particular items should be kept in mind should the agreement be renegotiated in the future. Council concurred. Ms. Honeywell, City Attorney, pointed Out that the lease has not expired and that no action is required on the default unless the City decides to give the Arts Foundation written notice that they are expected to remedy the default. She didnt feel that an amendment to the agreement was necessary at this time and suggested having some type of notification on file that the City expects them to come back within 12 months to resolve this issue. The City is not required to take action on the default, but may serve them with some type of notification at any time during the 40-year lease period. Mayor Holt was in favor of setting their minds at ease by letting them know that they have 1 2 months to resolve this issue. Ms. Honeywell suggested that periodic updates may be appropriate. Council Member Perkins supported the 12-month notice as suggested by the City Attorney. BIB] 10-24-1996-U01 08:39:44AM-U01 CCMIN-U02 10-U02 01-U02 1996-U02 , City Council Minutes 9 October 1, 1996 Heidi Wilson, 48584 Via Encanto, Executive Director of the La Quinta Arts Foundation, advised that they, too, wish to review some of the issues in the lease agreement. Construction of a new facility is high priority for them and they will use the next 12 months to determine if it should be built on the Civic Center campus or elsewhere in The Village. Other options that they are considering are existing buildings and a possible land donation that would require the purchase of surrounding property. As the new Executive Director, she feeJs that the. community needs to look at this to see where the Arts Foundation building would best fit in the community. Mr. Genovese, City Manager, asked if they would be in a position to discuss this with City staff within the next few months to which Ms. Wilson responded yes. He then advised that the Civic Center campus conceptual plan would be coming up for review in the near future should Business Session Item No.8 on this agenda be approved by Council. It would be beneficial to have the discussions with the Arts Foundation as soon as possible to adequately determine the locations of buildings and amenities for the campus. He felt that it would be appropriate at this time for Council to direct staff to enter into discussions with the Arts Foundation without serving any notice of default. Council Member Sniff pointed out that Agency-owned property in The Village was also a potential option for the Arts Foundation. MOTION It was moved by Council Member Sniff/Mayor Halt to send the La Quinta Arts Foundation a letter indicating that the City will not declare a default until September 3, 1997 and that the City wishes to be involved in discussions with them regarding possible changes in the Civic Center campus. Mayor Holt suggested not setting a specific date, but rather wait for discussions between staff and the Arts Foundation to conclude. Council Member Sniff felt that a specific date would give a safe-window period for them to conclude discussions with staff and consider their options. Council Member Henderson supported a one-year timeframe for on-going discussions and using September 3rd as an annual renewal time to look at this issue. Mr. Genovese suggested alternative action whereby Council would direct staff to notify them prior to the issuance of any default instead of a one-year extension, pointing out that Council could conceivably be discussing the BIB] 10-24-1996-U01 08:39:44AM-U01 CCMIN-U02 10-U02 01-U02 1996-U02 , City Council Minutes 10 October 1, 1996 conceptual plan for the Civic Center campus and be locked into a 1 2-month period without knowing what the Arts Foundation's plans are. Council Member Sniff continued to support the one-year timeframe Motion carried unanimously. MINUTE ORDER NO.96-145. 6. CONSIDERATION OF THE SENIOR CENTER RENTAL POLICY. Ms. Nicholson, Parks & Recreation Director, advised that revisions have been made to the Senior Center Rental Policy as directed by Council on September 17, 1996. She reviewed the revisions as follows: 1) hours of availability as noted in the policy); 2) advance reservations accepted up to 12 months; 3) fee structure combined; 4) alcohol use under 20% which includes beer, wine and champagne, with the approval of the City Manager or designated representative; 5) insurance requirements same as previous policy); 6) security deposit of $300; 7) violation of rules within the policy are limited to one verbal warning; 8) verbiage has been added to clarify which special fees are optional; and 9) the addition of a sliding scale for non-profit groups with Friends of the La Quinta Senior Center classified as Class 1. Class 1 is defined as any group whose incorporation language refers to monies raised going to the Senior Center. In response to Council Member Henderson, Ms. Nicholson advised that entertainment approval is necessary to assess the requirements for security guard coverage. Council Member Henderson also questioned the reference to collection of fees.' Mr. Genovese, City Manager, advised that any needed changes to the application could be done by staff administratively. In response to Council Member Henderson, Ms. Honeywell, City Attorney, advised that the justification for placing the Friends of the La Quinta Senior Center in a separate classification is because of their Articles of Incorporation and tax-status purpose. She advised of a possible modification of the language to remove the Friends name and change it to reflect any non-profit organization whose main purpose as presented to the IRS is to raise funds for the Senior Center. Council Member Henderson wasn't looking to eliminate anyone, but rather to add additional non-profit groups to the Class 1 classification. BIB] 10-24-1996-U01 08:39:44AM-U01 CCMIN-U02 10-U02 01-U02 1996-U02 , City Council Minutes 11 October 1, 1996 In response to Council Member Perkins, Ms. Nicholson advised that the reference to collection of fees on the application form relates to any intent on the part of the applicant to collect a fee at the event. Council Member Perkins questioned the applicant being able to understand some of the questions on the application. Council Member Henderson pointed out that the application requires the applicant to read and have full understanding of the rental policy prior to signing the application. In response to Council Member Perkins, Ms. Nicholson advised that an ABC permit would only be required if the group intends to sell alcohol. MOTION- It was moved by Council Members Sniff/Adolph to adopt the Senior Center Use Policy with clarifying language as discussed, particularly in the application form. Motion carried unanimously. MINUTE ORDER NO.96-146. 7. CONSIDERATION AND AUTHORIZATION TO SEND OUT AN RFP FOR A CONSULTANT TO PREPARE AN EIR FOR A MIXED-REGIONAL DEVELOPMENT ON HIGHWAY 111 AND APPOINT A SELECTION COMMITTEE. Mayor Holt abstained due to a conflict of interest and left the dais. Mr. Herman, Community Development Director, advised that staff is requesting approval to send out an RFP for the purpose of selecting a consultant to prepare an EIR for a potential mixed-regional development on Highway 111. The applicant, who has not yet submitted his application, has the option of hiring a consultant to prepare the required EIR or the City can be the lead agency with the applicant paying the cost either way. Staff recommended that the City take the lead in hiring a consultant and asked Council to approve a Selection Committee consisting of staff and special legal counsel. He advised of two changes to the which consisted of adding the preparation of proposed CEQA findings to the Scope of Services and changing CVAG to City of La Quinta" on the last page of the RFP. In response to Council Member Adolph, Mr. Herman advised that the RFP process would not begin until the applicant has paid the necessary fees. Mr. Genovese, City Manager, advised that the purpose in moving forward with this action is to expedite the project once the application is filed. BIB] 10-24-1996-U01 08:39:44AM-U01 CCMIN-U02 10-U02 01-U02 1996-U02 , City Council Minutes 12 October 1 1996 In response to Council Member Henderson, Mr. Herman advised that the Selection Committee would consist of the Assistant City Manager, Community Development Director, City Attorney, Special Legal Counsel, and an additional staff member from the Community Development Department. MOTION It was moved by Council Members Sniff/Adolph to approve the Request for Proposals and authorize staff to send out an amended RFP. Motion carried with Mayor Holt ABSENT. MINUTE ORDER NO.96-147. 8. CONSIDERATION OF ADOPTION OF A RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $9,000,000 PRINCIPAL AMOUNT OF 1996 LEASE REVENUE REFUNDING. BONDS LA QUINTA CITY HALL PROJECT), AUTHORIZING AND DIRECTING EXECUTION OF A FORM OF AN INDENTURE OF TRUST, AN AMENDMENT TO LEASE, AN AMENDMENT TO SUBLEASE AND OPTION TO PURCHASE AN OFFICIAL STATEMENT, AUTHORIZING THE SALE OF BONDS, AUTHORIZING EXECUTION OF AN AGREEMENT FOR INVESTMENT BANKING SERVICES, AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO. Mr. Falconer, Finance Director, advised that this is a consideration to refund the 1991 City Hall Project lease revenue bonds due to the failure of receiving bondholder consent to amend the current bond trust indenture agreement to substitute a bond surety insurance policy for approximately $700,000. The funds will be used to continue with Phase 1 of the Civic Center Campus Project. Municipalities are allowed to refund bond issues once during their lifetime and this will be an opportunity to refund this bond issue based on the declining interest rate market. The financing team that was formed to examine this issue has recommended moving forward with refunding this bond issue, having projected a savings of $309,745 in debt service costs and anticipate producing $700,000 in new bond proceeds to go toward the Civic Center Campus improvements. He advised that Bill Marticorena, bond counsel with Rutan and Tucker, and Robin Thomas, bond underwriter with Miller & Schroeder Financial were available to answer questions. He advised of two amendments as follows: 1) addition of a covenant to the First Amendment to Lease which states that the City does not intend to issue more than $10,000,000 in debt financing during the calendar year by either the City, Redevelopment Agency, or the Financing Authority; and, 2) amendment to the last sentence on Page 17 of the Preliminary Official Statement to read that monies released from the 1991 Bond Reserve Account, plus any available bond proceeds, will be used to construct remaining improvements to streets and public facilities, completion and extension of parking lots, and lighting and installation of irrigation systems and landscaping." BIB] 10-24-1996-U01 08:39:44AM-U01 CCMIN-U02 10-U02 01-U02 1996-U02 , City Council Minutes 13 October 1, 1996 In response to Council Member Adolph, Mr. Falconer advised that he didn't see any downside to this action and felt that it's a win/win situation. The only other alternative for completing the Civic Center Campus improvements would be to take monies out of the reserve or locate an alternative funding source. He advised that this would be subject to market-rate changes and staff would not proceed without some assurance of the projected savings of $309,745. In response to Council Member Henderson, Mr. Falconer advised that the maturity date would remain at 2018. RESOLUTION NO. 9674 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $9,000,000 PRINCIPAL AMOUNT OF 1996 LEASE REVENUE REFUNDING BONDS LA QUINTA CITY HALL PROJECT), AUTHORIZING AND DIRECTING EXECUTION OF A FORM OF AN INDENTURE OF TRUST, AN AMENDMENT TO LEASE, AN AMENDMENT TO SUBLEASE AND OPTION TO PURCHASE, AN OFFICIAL STATEMENT, AUTHORIZING THE SALE OF BONDS, AUTHORIZING EXECUTION OF AN AGREEMENT FOR INVESTMENT BANKING SERVICE, AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO It was moved by Council Members Sniff/Adolph to adopt Resolution No.96-74 as submitted. Motion carried unanimously. 9. CONSIDERATION OF COUNCIL MEMBER SNIFF'S SUGGESTION TO HOLD PERIODIC STUDY SESSIONS TO DISCUSS GENERIC ITEMS Mr. Weiss, Assistant City Manager, advised that Council Member Sniff has suggested scheduling periodic Study Sessions to discuss various items that come before Council. Council Member Henderson supported the suggestion and felt that it would provide Council Members a better level of reporting back on the various outside committees that each serve on as well as exchange ideas on the exciting things going on in the community. Council Member Perkins supported it and suggested scheduling them for a couple of hours in the daytime. Council Member Sniff felt that Council needs an opportunity to share visions and talk business as well as do business. He has a list of items that he wishes BIB] 10-24-1996-U01 08:39:44AM-U01 CCMIN-U02 10-U02 01-U02 1996-U02 , City Council Minutes 14 October 1, 1996 to have agendized for these Study Sessions and suggested setting up the initial meeting for either the last or preceding Wednesday of each month at 1 00 p.m. He further suggested that each Council Member give one or two ideas for the first agenda to staff and that Council decide at the October 15th meeting which issues to agendize. Council concurred and scheduled the first Study Session for October 30, 1 996 at 1:00 p.m. 10. SECOND READING OF ORDINANCE ORDINANCE NO.285 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 2.8 RELATING TO THE PARKS AND RECREATION COMMISSION, AMENDING SECTIONS 2.80.020 PURPOSE AND OBJECTIVES) AND 2.80.80 POWERS AND DUTIES) TO INCLUDE YOUTH ADVISORY COMMITTEE AND KIDSLINE ADVISORY BOARDS PURPOSES, OBJECTIVES, AND POWERS AND DUTIES. It was moved by Council Members Sniff/Adolph to adopt Ordinance No.285 on second reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSENT: None ABSTAIN: None 11. CONSIDERATION OF REQUEST OF COACHELLA VALLEY RECREATION AND PARK DISTRICT FOR WAIVER OF FEES. Mr. Herman, Community Development Director, advised that Coachella Valley Recreation & Park District CVRPD) has asked for a waiver of City fees associated with their Oktoberfest event to be held on October 1113, 1996 at the Frances Hack Park. The fees are for inspections and use of City crews and equipment to setup no parking" signs and to water parking areas. Staff does not have the option to waive fees unless specifically allowed in the Municipal Code, but Council may change the fee requirements by amending the Code, or may provide CVRPD with a grant to pay the associated costs. The Public Works Department, in an attempt to treat all entities equitably, has required all organizations such as the La Quinta Arts Foundation and Chamber of BIB] 10-24-1996-U01 08:39:44AM-U01 CCMIN-U02 10-U02 01-U02 1996-U02 , City Council Minutes 1 5 October 1, 1996 Commerce, to pay fees for use of City staff and/or equipment for their events. However, the applicant may hire a private vendor if they wish, such as the Arts Foundation chose to do at the last Arts Festival. Council Member Adolph had a problem with waiving fees that other organizations have been required to pay. Council Member Henderson advised that it's this type of fee that she feeJs should be calculated in with service contracts for non-profit organizations such as the Arts Foundation and Chamber of Commerce during renewal negotiations instead of exchanging money back and forth. Although she wouldn't support waiving fees for those organizations this year, she felt such waivers should be worked in with their contracts next year. She felt that the City should take a step forward to encourage the success of this event by waiving the fees for CVRPD, pointing out their efforts to work with the City, and the City's wish to maintain a business-friendly attitude and to help encourage attendance at such events. Council Member Perkins supported waiving fees for non-profit organizations that are doing something for the betterment of the community and where the public is allowed to attend. Council Member Henderson agreed. Council Member Adolph was inclined to agree, but questioned the involvement of Schatzi's which is a private enterprise. Council Member Perkins didn't feel that it makes sense to grant funds to an organization then turn around and charge them a fee. Ms. Honeywell, City Attorney, advised that Council is restricted by City ordinance from waiving these fees, However, Council may grant funds from their Special Projects Contingency Fund Account to cover certain costs incurred by an organization or event that the Council feels is providing a benefit to the City. Council has greater flexibility in granting funds than in waiving fees and perhaps should handle such requests on a case-by-case basis rather than design a complicated fee-waiver schedule that would have to describe which non-profit events may have fees waived. In response to Council Member Henderson, Mr. Genovese advised that the Council granted funding for the Soap Box Derby Event and did not waive fees. BIB] 10-24-1996-U01 08:39:44AM-U01 CCMIN-U02 10-U02 01-U02 1996-U02 , City Council Minutes 16 October 1, 1996 Council Member Henderson felt that the City should support this event by providing funding to cover the cost of the fees. In response to Council Member Sniff, Mr. Herman advised that the total cost of the fees would be approximately $1,450. Council Member Sniff was concerned about setting a precedent by funding an event that has private business involvement. Council Member Henderson understood the concern, but pointed out that the City is concerned about business retenti6n and supporting new businesses in the community. n this particular situation, a private enterprise is working closely with a government body that is asking for a waiver of fees and she didnt have a problem with supporting it on a one-time basis. Mr. Herman advised that the application was filed by CVRPD and that Schatzis is only one of approximately 40 vendors taking part in the event. Council Member Perkins pointed out that vendor participation is a part of the carnival event atmosphere. It may be the only one of its kind in the valley and become an annual event that would bring people into the community, much like the Mainstreet Marketplace events that also have vendors. Council Member Sniff, having received clarification that the restaurant was not the principal beneficiary of this event, suggested that Council approve reimbursement up to $1,450 for this event and not waive fees. MOTION It was moved by Council Members Henderson/Sniff to provide a grant up to $1,450 as reimbursement for the associated costs for permits Oktoberfest Event held by CVRPD) with the funds to come from the Special Projects Contingency Account. Council Member Adolph supported the motion, but didnt want this action to set a precedent nor be perceived as an automatic action on an annual basis. Motion carried unanimously. MINUTE ORDER NO.96-146. 12. CONSIDERATION OF.REVISED HUMAN SERVICES COMMISSION WORK PLAN. In response to Council Member Henderson, Mr. Hartung, Building & Safety Director, advised that the Human Services Commission would not be participating in the Health Fair. The Senior Center reports to the Parks & BIB] 10-24-1996-U01 08:39:44AM-U01 CCMIN-U02 10-U02 01-U02 1996-U02 , City Council Minutes 17 October 1, 1996 Recreation Department, but the Human Services Commission does receive feedback on possible service deficiencies for the seniors through Commissioners that are assigned to meet with the Senior Center Coordinator. Council Member Henderson expressed concern about a lack of communication and duplication of work, she suggested that a representative from the Senior Center be required to attend the Human Services Commission meetings. She felt that much of the goals in the Commission work plan is probably already available at the Senior Center. She also felt that the Commission experiences a level of frustration regarding distribution of the material they produce such as the emergency earthquake pamphlet and believed that they should be authorized to distribute materials on an annual basis by direct mail to the community. Council Member Sniff felt that the Commissions are a work in progress and didn't have a problem with authorizing them to mail out something of substance that they've developed, but he didn't see any major problem with the work plan. Council Member Perkins felt that It's difficult to have a focal point where Commissions all have communication with each other. He sensed a lack of communication amongst the Commissions and between the Commissions and the Council. He felt that this work plan is flexible enough to allow changes if needed and advised that he, too, wished to avoid duplication. It's important for the public to know what the Commissions are doing and perhaps a direct mailing on an annual basis would accomplish that. Mayor Holt suggested inviting the Commissions to attend the upcoming Study Sessions to communicate their issues of concern to the Council. Council Member Perkins agreed. Mr. Genovese, City Manager, advised that this would be an excellent item for one of the upcoming Study Sessions, noting that the Council would be looking at the ordinances and work plans of the Commissions at the next Council meeting. Council Member Sniff felt that the Commissions should be encouraged to narrow their scope of interests to keep them achievable. MOTION it was moved by Council Members Perkins/Sniff to approve the revised Human Services Commission Work Plan. Motion carried unanimously. MINUTE ORDER NO.96-149. BIB] 10-24-1996-U01 08:39:44AM-U01 CCMIN-U02 10-U02 01-U02 1996-U02 , City Council Minutes 18 October 1, 1996 13. CONSIDERATION OF APPROVAL OF AN IMPROVEMENT AGREEMENT WITH USA PROPERTIES. INC. FOR LA QUINTA VILLAGE APARTMENTS PLOT PLAN 96-571. Council Member Adolph abstained due to a conflict of interest and left the dais. MOTION It was moved by Council Members Sniff/Perkins to approve the Improvement Agreement with USA Properties Fund, Inc., securing improvements associated with the La Quinta Village Apartments Plot Plan 96- 571. Motion carried with Council Member Adolph ABSENT. MINUTE ORDER NO.96-150. 14. CONSIDERATION OF APPROVAL OF OVERNIGHT TRAVEL FOR COUNCIL MEMBER ADOLPH TO ATTEND THE LEAGUE OF CALiFORNIA CITIES ANNUAL CONFERENCE IN ANAHEIM, CALIFORNIA, ON OCTOBER 13-15,1996. Council Member Adolph abstained due to a conflict of interest and left the dais. MOTION It was moved by Council Members Sniff/Henderson to approve overnight travel for Council Member Adolph to attend the League of California Cities Annual Conference in Anaheim, California on October 13-1 5, 1996. Motion carried with Council Member Adolph ABSENT. MINUTE ORDER NO. 96-151. 15. CONSIDERATION OF ACCEPTANCE OF LIGHTING IMPROVEMENTS FOR THE LA QUINTA SPORTS COMPLEX, PROJECT NO.96-02. In response to Council Member Adolph, Mr. Cosper, Public Works Director, advised that all of the comments received regarding the lighting improvements at the Sports Complex have been positive. Musco Lighting will take meter readings and make any final lighting adjustments that may be needed. MOTION It was moved by Council Members Adolph/Sniff to accept the lighting improvements for the La Quinta Sports Complex, Project No. 96-02 and direct the City Clerk to file a Notice of Completion with the County Recorder. Council Member Henderson complimented staff for the savings on this project. Motion carried unanimously. MINUTE ORDER NO.96-152. BIB] 10-24-1996-U01 08:39:44AM-U01 CCMIN-U02 10-U02 01-U02 1996-U02 , City Council Minutes 19 October 1, 1996 CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED OCTOBER 1, 1996. 2. APPROVAL OF OVERNIGHT TRAVEL FOR PARKS & RECREATION DIRECTOR TO ATTEND THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE IN ANAHEIM, CALIFORNIA, ON OCTOBER 13-15, 1996. 3. APPROVAL OF CITY'S DISADVANTAGED BUSINESS ENTERPRISE DIBE) PROGRAM FOR FISCAL YEAR 1996/97. 4. SEE BUSINESS SESSION ITEM NO.13. 5. APPROVAL OF UPDATED JOB DESCRIPTIONS FOR ALL CITY POSITIONS. 6. SEE BUSINESS SESSION ITEM NO.14. 7. AUTHORIZATION TO RECEIVE BIDS FOR VARIOUS CITYWIDE LANDSCAPE IMPROVEMENTS PROJECT NO.96-04. 8. SEE BUSINESS SESSION ITEM NO.15. 9. ADOPTION OF A RESOLUTION APPROVING A REVISED POLICY AND APPLICATION PROCESS FOR FORMATION OF LAND-BASED FINANCING DISTRICTS. 10. SEE BUSINESS SESSION ITEM NO.12. 11. ADOPTION OF A RESOLUTION APPROVING A STREET CLOSURE PERMIT FOR THE MAINSTREET MARKETPLACE EVENTS FOR THE REMAINDER OF 1996 AND 1997 ON CALLE ESTADO BETWEEN AVENIDA BERMUDAS AND DESERT CLUB DRIVE FOR MINOR TEMPORARY OUTDOOR EVENT 96-125. APPLICANT: LA QUINTA CHAMBER OF COMMERCE. 12. ADOPTION OF A RESOLUTION REINSTITUTING THE FEES LISTED IN TITLE 9 OF THE PREVIOUS MUNICIPAL CODE. MOTION It was moved by Council Members Sniff/Adolph to approve the Consent Calendar as amended and recommended with Item Nos. 9, 11, and 1 2 being approved by RESOLUTION NOS. 96-75, 96-76, and 96-77 respectively. Motion carried unanimously. MINUTE ORDER NO.96-153. BIB] 10-24-1996-U01 08:39:44AM-U01 CCMIN-U02 10-U02 01-U02 1996-U02 , City Council Minutes 20 October 1, 1996 REPORTS AND INFORMATIONAL ITEMS Council Member Henderson gave a brief report from the Thermal Airport Commission, advising of a potential 7,500-home and industrial park project Kohl Ranch) that lies within the airports boundaries. The JPA voted to send it back to the Riverside County Planning Commission for review and then back to the Commission for a public hearing on December 9, 1996 at 10:00 a.m. in the La Quinta City Council Chamber. Council Member Sniff reported that the Coachella Valley Mountains Conservancy which is becoming a State agency, has been dealing with the Ritz Carlton Golf Course issue. The Conservancy is trying to secure long-term funding to accomplish their tasks, but has not taken a position on the November ballot issue. * * * * * * 4 * * * * * All other reports were noted and filed. DEPARTMENT REPORTS A-i. REPORT ON ECONOMIC DEVELOPMENT PLAN IMPLEMENTATION. Mr. Weiss, Assistant City Manager, advised that this is a quarterly report on the status of the implementation of the Economic Development Plan EDP) which Council adopted earlier this year. The report highlights policies within the EDP and focuses on the target areas of the HIghway 111 Corridor, The Village, and housing, with the specific objectives to be within the EDP for the upcoming year. Council Member Henderson pointed out that Council has stressed the importance of supporting existing businesses and one of the businesses on Highway 111 has asked the City's assistance in dealing with the street improvements currently taking place at Washington Street and Highway 111. They have asked for an exemption on the size of a banner or perhaps an extension to allow the banner to remain during the construction period. She didn't have a problem with waiving restrictions in such cases. Council concurred. Mr. Genovese, City Manager, advised that it would be agendized for the next Council meeting. * * * * * * * * * * * * BIB] 10-24-1996-U01 08:39:44AM-U01 CCMIN-U02 10-U02 01-U02 1996-U02 , City Council Minutes 21 October 1, 1998 Council Member Perkins spoke regarding the construction on Highway 111 and expressed concern about keeping the entrances open into the Plaza La Quinta Shopping Center during the upcoming holidays. He also advised that the street signs are not illuminated at night at Adams Street/Fred Waring Drive and Adams Street/Miles Avenue and the street lights stay on 24 hours a day. Mr. Cosper advised that the east entrance of the shopping center would remain open during Phase II of the construction except for intermittent closings. Council recessed to Closed Session to and until the hour of 7:00 p.m. CLOSED SESSION Mayor Holt abstained from participating in Closed Session due to a conflict of interest. 1. Conference with Citys 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. between Adams Street and Dune Palms Road. Property Owner Negotiator: Christine Clarke. 7:00 P.M. PUBLIC COMMENT Tom Jenkins, 54-690 Avenida Ramirez, Head Coach of the La Quinta High School Wrestling Team, presented a letter asking for financial assistance for the La Quinta High School Wrestling Team. The following individuals spoke in opposition to the recreational vehicle parking regulations in the Zoning Ordinance: Calvert Harlekseu 53-745 Avenida Navarro A. C. Moore 53-795 Avenida Juarez Gary Angel 53-720 Avenida Villa Robert Burt 52-41 5 Avenida Vallejo BIB] 10-24-1996-U01 08:39:44AM-U01 CCMIN-U02 10-U02 01-U02 1996-U02 , City Council Minutes 22 October 1, 1996 Sue Coulston 52-100 Avenida Villa Carol Johns 52-805 Avenida Rubio William Neuburger 53860 Avenida Carranza Paul McCulloch 52-045 Avenida Martinez Dennis Maloney 52-345 Avenida Martinez Dana Brown 53705 Avenida Rubio Jan Turner 53-750 Avenida Obregon Julie Updyke 52-055 Avenida Villa C. J. Johnson 53-671 Avenida Villa Cory Turner 53-763 Avenida Obregon William Turner 53-750 Avenida Obregon Council Member Sniff advised that he shared their concerns and wished that things had been done differently. He asked that this issue be brought back to Council for reconsideration and possible amendment. Council Member Perkins agreed, advising that ordinances can be amended. He suggested an immediate moratorium against enforcement of this section of the ordinance until this issue is brought back to Council for a good hard look. His only complaint regarding RV's and boats is when they are parked on the street for long periods of time and the street sweeper is unable to clean the street or when grass is allowed to grow beneath the vehicle. He also felt that the City should work on its public notification process. In response to Mayor Holt, Ms. Honeywell, City Attorney, advised that the Council cannot take any official action on this matter because its not on the agenda. However, the City Manager has administrative power to extend the deadline for being in compliance with the zoning ordinance and thus allow time to agendize this matter for Council's reconsideration. Council Member Henderson advised that adoption of this ordinance was a long process wherein a substantial number of people attended the meetings and asked the Council to restrict parking to 24 hours instead of three days. Council struggled with the ordinance and the issue of regulating the use of one's own private property. She advised that she voted for the ordinance, but was not comfortable with this issue and is pleased that it will be reconsidered. She supported forming a Council/resident committee to work out the details. Council Member Adolph concurred, noting that both the Planning Commission and Council struggled with placing restrictions on the use of private property, but the only public input Council received was in support of restrictions and none in opposition. He was in favor of staff getting together with residents to gain input on this issue. BIB] 10-24-1996-U01 08:39:44AM-U01 CCMIN-U02 10-U02 01-U02 1996-U02 , City Council Minutes 23 October 1,1996 Mayor Hot commented on Councils appreciation of public input, pointing out that they must know what the community wants to effectively carry out their responsibilities. Mr. Genovese, City Manager, advised that this matter would be agendized for the October 15, 1996 meeting to discuss methods for reviewing the ordinance such as a Council/resident committee. Ms. Honeywell advised that it could be agendized and discussed in general at the October 15th meeting, but the Council cannot take final action on it until it has gone back through the Planning Commission public-hearing process because it5 a Zoning Ordinance. She advised that public hearings require ten days public notification prior to the hearing, making the second meeting in November the earliest date for a Planning Commission public hearing. if the Planning Commission makes a recommendation to Council at that meeting, then it can be scheduled for a public hearing before the Council sometime in December. That would be the minimal timeframe for revising the Zoning Ordinance. Mr. Genovese advised that staff would place information regarding the public hearing dates on the RV Hotline. Kim Russell, 51-225 Avenida Velasco, spoke to Written Correspondence No.1 from Voice of Our Children" in regard to the number of leukemia cases among children in the valley. She asked Council for help in getting environmental agencies to test the valley's water, soil, and air in an attempt to find out why there are so many leukemia cases in the valley. In response to Mayor Holt, Mr. Genovese, City Manager, advised that the Assistant City Manager would help them identify agencies to contact. Council Member Henderson suggested that they give the same presentation to the Human Services Commission so they, too, can track this issue and keep the Council informed. Ms. Russell didnt wish to create a panic, but pointed out that 1996 already has three times the expected number of leukemia cases in the valley and the Cancer Surveillance and Tracking Center doesn't seem to be alarmed. She hoped that with the City's influence, some type of investigation might move forward and that people in the valley with children inflicted with this disease would contact them. BIB] 10-24-1996-U01 08:39:44AM-U01 CCMIN-U02 10-U02 01-U02 1996-U02 , City Council Minutes 24 October 1, 1996 Nicola Wong, 74-468 Peppergrass Street, Palm Desert, advised that the database hasn't been updated for the past two years, making it difficult to know how many cases might actually exist in the valley. She advised that the American Cancer Society has agreed to help them form a support group, but she believed that a cancer treatment center for children is also needed in the valley. Council Member Sniff wished to identify the source of the problem and felt that it would be a good investment to spend time and effort now to identify sources that can help. PUBLIC HEARINGS 1. TENTATIVE TRACT 23773 PHASES 2-7) AND PRECIS, A REQUEST TO SUBDIVIDE 28.4 ACRES INTO 101 SINGLE-FAMILY AND OTHER LETTERED, PRIVATE STREET LOTS LOCATED NORTH OF FRED WARING DRIVE, WEST OF STARLIGHT LANE, IN STARLIGHT DUNES. APPLICANT: STARLIGHT ESTATES, INC. The Mayor declared the PUBLIC HEARING OPEN. Mr. Herman, Community Development Director, advised that this tract located north of Fred Waring Drive and west of Starlight Dunes/Adams Street was previously subdivided by Rick Johnson Construction who built 47 single-family homes in Phase 1 ranging from 2,084 to 3,332 sq.ft. Starlight Estates, Inc. is now requesting subdivision of the remaining 28.4 acres into 101 single- family lots that are generally 9,000 sq. ft. each. The Planning Commission reviewed the application and recommended approval on September 24, 1 996, and is tentatively scheduled to review the design of the homes on October 8, 1996 under a separate application. The subdivision is consistent with the General Plan, Zoning Code, and Subdivision Code. In response to Council Member Adolph, Mr. Herman advised that the Planning Commission would determine if the design of the new homes deviate more than 10% from existing homes during their design-review process. Robert Vatcher, 42-280 Beacon Hill, Suite D-3, Palm Desert, of V/S Associates Engineers, advised that they are in agreement with the conditions of approval, but wished to clarify Condition No. 60 which requires all street names designated as Way" to be changed to Court." He advised that Orion Way has already been recorded as Orion Way," but Pisces Way and Morningstar Way would be changed to Courts." BIB] 10-24-1996-U01 08:39:44AM-U01 CCMIN-U02 10-U02 01-U02 1996-U02 , City Council Minutes 25 October 1, 1996 In response to Mayor Holt, Mr. Herman advised that it would not apply to streets that have already been recorded. Wayne Guralnick, 78-880 Aurora Way, asked Council to modify Condition No. 27 to require improvements of the retention basin with grass and trees upon pulling of the first building permits. He also asked that a condition be added to disallow two-story homes adjacent to existing homes. Jim Dane, 42-880 Beacon Hill, Suite D-3, Palm Desert, property owner, advised that they're pleased with the neighborhood and intend to design the new homes to be compatible with existing homes. They've also agreed to improve and maintain the retention basin until a certain number of lots are sold and the Homeowners Association is able to support it. They'll also work with the architectural committee of the Homeowners Association regarding placement of two-story homes. In response to Council Member Adolph, Mr. Deane advised that the developer's responsibility relative to the retention basin is covered in the agreement. In response to Council Member Perkins, Mr. Deane advised that by agreement, each phase of the tract will be annexed into the existing Homeowners Association. Council Member Perkins was concerned about the architectural compatibility of the new and existing homes. Mr. Deane advised that it would defeat their purpose to not be compatible. In response to Council Member Adolph, Mr. Herman confirmed that the Zoning Ordinance regulates the placement of two-story homes in relation to single- family homes. Mr. Guralnick advised that he would be satisfied with a condition requiring architectural approval by the Homeowners Association, otherwise he was concerned that they would not comply with the architectural guidelines. Ms. Honeywell advised that such a condition cannot be placed on tract maps. Mr. Herman read part of the Zoning Ordinance which states that *a two-story house shall not be constructed adjacent to or abutting a lot line of an existing single-story house constructed in a prior phase of the same subdivision unless proof can be provided showing that a two-story unit was proposed for the lot BIB] 10-24-1996-U01 08:39:44AM-U01 CCMIN-U02 10-U02 01-U02 1996-U02 , City Council Minutes 26 October 1, 1996 by the prior builder." He pointed out that a two-story house can be built adjacent to another two-story house. Mr. Vatcher felt that Condition Nos. 40, 42, and 43 cover the concerns regarding the retention basin. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. RESOLUTION NO.96-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA. CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT NO.96-327, PREPARED FOR TENTATIVE TRACT 23773. It was moved by Council Members Sniff/Adolph to adopt Resolution No.96-78 as submitted. Motion carried unanimously. RESOLUTION NO.96-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 23773 PHASES 2-7) TO ALLOW A 101-LOT, SINGLE-FAMILY-RESIDENTIAL-LAND-SALES SUBDIVISION AND MISCELLANEOUS AMENITY LOTS ON APPROXIMATELY 28.4 ACRES. Ft was moved by Council Members Sniff/Henderson tQ adopt Resolution No. 96-79 as submitted. Motion carried unanimously. Council recessed to Redevelopment Agency meeting. Council reconvened. JOINT PUBLIC HEARING WITH THE LA QUINTA REDEVELOPMENT AGENCY 2. AGREEMENT AND ESCROW INSTRUCTIONS FOR THE SALE OF REAL PROPERTY BY AND BETWEEN THE AGENCY AND MR. DAVID GALVIN FOR THE PROPERTY LOCATED AT 54-900 AVENIDA VALLEJO. The Mayor declared the PUBLIC HEARING OPEN. Mr. Herman, Community Development Director, advised that the purpose of this agreement is for the sale of Agency-owned property located at 54-900 BIB] 10-24-1996-U01 08:39:44AM-U01 CCMIN-U02 10-U02 01-U02 1996-U02 , City Council Minutes 27 October 1, 1996 Avenida Vallejo to Mr. David Galvin. This property is one of 50 homes owned by the Agency and will have affordable covenants on the title. The Agency will receive $56,620 and a second trust deed will be issued in the amount of $17,100. Staff recommended approval of the agreement and escrow instructions. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. MOTION- It was moved by Council Members Sniff/Henderson to approve the agreement and escrow instructions regarding the disposition of the property located at 54-900 Avenida Vallejo and instruct the City Manager to sign the appropriate documents. Motion carried unanimously. MINUTE ORDER NO.96- 154. STUDY SESSION DiSCUSSION OF A COACHELLA VALLEY SOLID WASTE MANAGEMENT AUTHORITY JOINT POWERS AGREEMENT. Mr. Baker, Principal Planner, presented a brief background and overview of the Draft Coachella Valley Solid Waste Management Authority Joint Powers Agreement, advising that in 1993, the County announced the upcoming closure of the Coachella Landfill and shortly afterwards, the Transfer Station/MRF Task Force was formed. In September, 1995, the City signed an MOU to develop a transfer station/MRF and approved the recommendation to proceed with an RFP for a mid-valley station. He advised that a summit meeting will be held on October 11, 1996 in which the Councils and City Managers will discuss the proposed JPA. The purpose of the JPA is to build and operate a transfer station/MRF, provide appropriate recycling activities, and arrange for a landfill site. In reviewing key fiscal implications of the JPA he advised that the City must: 1) commit its franchise-collected waste stream to the transfer station, 2) agree to pay for its share of capital costs by selling bonds to finance construction no General Funds will be obligated), and 3) agree to pay Its share of the operating costs based on tonnage delivered to the transfer station. The key points of the JPA are: 1) the ability to issue revenue bonds, 2) each municipality will have one member and one vote, 3) the Executive Director will be hired by the Board, 4) costs will be allocated by tonnage, 5) admissions will include members who commit their tonnage to the facility as well as users who BIB] 10-24-1996-U01 08:39:44AM-U01 CCMIN-U02 10-U02 01-U02 1996-U02 , City Council Minutes 28 October 1, 1996 contract for services, but are not members; agencies withdrawing from the JPA will continue to be responsible for remaining debts or liabilities that have incurred as of the date of withdrawal; 6) a minimum of four agencies is required to activate the JPA, 7) amendments require approval of all members, 8) members need flow control in order to commit their waste stream, and 9) haul costs will be levelized. He asked Council for direction regarding any revisions to the Draft JPA agreement and for agendizing the document for Council's consideration. In response to Council Member Perkins, Mr. Baker advised that all amendments to the JPA would require unanimous approval of the membership. Council Member Henderson didn't question the need for a facility, but has some concerns with JPA's because the JPA voting representative is appointed by the Council and the public doesn't have any governing power over that person. In addition, the City doesn't seem to have a procedure for such members reporting back to the Council to insure that the direction being taken has the consensus of the Council. The JPA will have a lot of power and control over a lot of money without being directly elected by the people they represent. She also questioned how the Treasurer would be compensated for his time and if his duties would be conducted during City work hours. Mr. Baker advised that decisions such as the Finance Director's compensation would be made by the Board once it's formed. Council Member Henderson pointed out that the Authority is referred to as a public entity, separate from the parties thereto, and she questioned what public they would be responsible to since they would not be elected. She has a problem with a public body being involved with a public/private enterprise and would be more comfortable with a district. In response to Mayor Holt, Mr. Baker advised that the proposals currently before the Cities of lndio and Coachella are private proposals wherein an RFP would be distributed for a private vendor to supply a transfer station. Those proposals have not advanced as far as the regional proposal which he felt would be the most economical for the City. Mr. Genovese, City Manager, advised that the point of looking at this agreement at the present time is so that this Council can discuss it prior to the October 11th summit meeting when it will be reviewed collectively by all the valley's cities and it's not intended to be the only alternative for Council's consideration. BIB] 10-24-1996-U01 08:39:44AM-U01 CCMIN-U02 10-U02 01-U02 1996-U02 , City Council Minutes 29 October 1, 1996 Council Member Henderson was concerned about giving some type of tacit approval for this process to continue moving forward if the Council has concerns with it. Mr. Genovese advised that it is too premature to determine the feasibility of the different alternatives at the present time. Cerene St. John, 130 5. Cedros Avenue, Suite 210, Solano Beach, Vice President of EcoNomics, Inc., advised that the timeframe on the costing will not be protracted. The contracts agreed to by the short-listed vendors and costs for the project will be discussed by the task force on October 28, 1 996. Council Member Henderson advised that the information she has received indicates that the valley cannot support two transfer stations and she wished it to be understood that she has some concerns with the JPA. Council Member Sniff commented on the amount of time and intense discussions that have gone into this issue and advised that the timeframe for dealing with it is getting very short, with a decision anticipated sometime in November due to the closing of the Coachella landfill and shortage of funding. He referred to alternatives being considered by other cities, advising that he felt the competitive part of the JPA proposal was much stronger and would produce more reasonable rates. The JPA includes levelized hauling costs which means that the City won't pay more for hauling costs than cities that are located closer to the facility. The City's only commitment is its waste stream. He didn't see a need for concern regarding the JPA's accountability to the public because the Council-appointed representatives will be responsible to the Councils they represent and they in turn are responsible to their public. Mayor Holt asked how payment of the debt service on the bonds would be affected if the tonnage commitments are less than expected. Ms. St. John advised that a base waste stream will always exist and the cities will not be at risk in terms of minimum tonnage requirements. If the waste stream is less than predicted, the fixed-debt service cost would be spread over fewer tons, but La Quinta would not be responsible for another city's lack in their waste stream commitment because the debt service is based on each City's proportionate share of when they entered the bond agreement. Council Member Sniff believed that other municipalities would decide to participate once this is in place because working together will minimize costs and get the cities the best rates. BIB] 10-24-1996-U01 08:39:44AM-U01 CCMIN-U02 10-U02 01-U02 1996-U02 , City Council Minutes 30 October 1,1996 Mayor Holt advised that she has many questions such as what will happen if the City's proportionate share decreases and she felt that it's important to look at ail of the alternatives. Council Member Perkins has some questions with the language in the agreement which he felt could probably be clarified with the City Attorney, but supported moving forward at this time. Council Member Sniff fet that a JPA is the most logical, economical, feasible, and functional solution to the waste stream issue and pointed out that, although some jurisdictions are considering other alternatives, they're leaving their options open and continuing to participate in the task force. MAYOR AND COUNCIL MEMBERS' ITEMS DISCUSSION REGARDING POTENTIAL OBELISKS PROGRAM. Council Member Henderson referred to comments she's heard about the uniqueness of the City's obelisks and advised that the Historic Preservation Commission and Art in Public Places Commission both feel that utilization of the obelisks throughout the City would have a unifying effect and enhance the community by being placed at each intersection. She distributed a proposed design with a solar cap that would allow a soft illumination and lettering that would be painted with reflective paint. She hoped that Council would consider the proposal and support directing staff to investigate the possibilities of the program. The materials for a 5-foot high, concrete and rebar obelisk without the solar cap would cost approximately $20 each if produced in large quantities. She proposed using a 6Y2-foot-high obelisk at each entrance street that connects with neighboring cities as well as incorporating it into the City's main monument signs on Highway 111. She viewed this as a longrange project and didn't have any funding sources in mind, but advised of the possibility of a public/private partnership where the City would participate in helping to develop a private manufacturing company that could employ students. She didn't have any costs regarding the solar cap. Council Member Sniff felt that illumination of the lettering was important and suggested the possibility of designing the solar cap so that it reflects downward on the lettering. Council concurred on investigating the possibility of the obelisk program. BIB] 10-24-1996-U01 08:39:44AM-U01 CCMIN-U02 10-U02 01-U02 1996-U02 , City Council Minutes 31 October 1, 1996 2. DISCUSSION OF SUNLINE SERVICES GROUP PROPOSAL TO PROVIDE POWER SERVICE. Council Member Sniff requested that this matter be agendized for discussion on the October 15th agenda. 3. DISCUSSION REGARDING AGENDA MATERIALS. Council Member Perkins urged staff to refrain from submitting last-minute staff reports to Council and making long verbal reports at the meeting. Council Member Sniff felt that the public-notification process should also be improved. Ms. Honeywell, City Attorney, advised that State Law allows the publishing of public hearing notices as opposed to sending notices in the mail when documents such as the recent Zoning Ordinance are being considered because of the Citywide impacts involved. Council recessed to Financing Authority meeting. Council reconvened and recessed to Closed Session. CLOSED SESSION Mayor Holt abstained from participating in Closed Session due to a conflict of interest. 1. 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 concluded a Closed Session pursuant to Government Code Section 54956.8 and the City Attorney announced that the Council authorized an agreement for special legal counsel to oversee the environmental review for the above project effective as of the initial participation by special counsel review. The contract is available for review in the City Clerk's Office. BIB] 10-24-1996-U01 08:39:44AM-U01 CCMIN-U02 10-U02 01-U02 1996-U02 , City Council Minutes 32 October 1, 1996 There being no further business, the meeting was adjourned. UNDRA L. JU LA, City Clerk City of La Quinta, California BIB] 10-24-1996-U01 08:39:44AM-U01 CCMIN-U02 10-U02 01-U02 1996-U02