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1997 06 17 CC Minutes/p LA QUINTA CITY COUNCIL MINUTES JUNE17, 1997 Regular meeting of the La Quinta City Council 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 Mario Lalli, 50-105 Grand Traverse Avenue, of Mario's Restaurant, spoke in opposition to obelisks being used for street signs Business Session Item No. 5), advising that people have a hard enough time reading the existing street signs. He felt that, although, the obelisks may be attractive, they're not practical because most people don't read up and down. He also questioned why street improvements are being done in other parts of the City instead of in The Village where it's needed. Phillip Shamis, 78-955 Del Monte Court, agreed that the obelisks are attractive, but hard to read. Ma*tin Lemire, 78-227 Indigo Drive, was also opposed to the obelisks because of their expense in comparison with regular street signs, their lettering, and the cost of repairing them when they're damaged. He also felt there's more urgent needs for the City's funds. CONFIRMATION OF AGENDA Council Member Adolph asked that two discussion items be added under Mayor and Council Members' Items for dust abatement and the special Council meeting on July 22nd. Council Member Henderson asked that Consent Calendar Item Nos. 7 and 10 be moved to Business Session Item Nos. 11 and 12. MOTION It was moved by Council Members Adolph/Henderson to add two discussions to Mayor and Council Members' Items 1) dust abatement and 2) special Council meeting of July 22nd, and to move Consent Calendar Item No.7 Human Services Commission Work Plan) to Business Session Item No. 11, and Consent Calendar Item No. 10 Art in Public Places Commission Work Plan) to Business Session Item No.12. Motion carried unanimously. BIB] 07-30-1997-U01 10:36:46AM-U01 ADMIN-U01 CCMIN-U02 06-U02 17-U02 1997-U02 /pCity Council Minutes 2 June 17, 1997 APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of May27, 1997 as submitted. Motion carried unanimously. MOTION It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of June 1 2, 1 997 as submitted. Motion carried with Council Member Adolph ABSTAINING. MOTION It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of June 1 3, 1 997 as submitted. Motion carried with Mayor Holt and Council Member Adolph ABSTAINING. ANNOUNCEMENTS None PRESENTATIONS None WRITTEN CORRESPONDENCE None BUSINESS SESSION 1. CONSIDERATION OF AMENDMENT TO THE INVESTMENT POLICY FOR FISCAL YEAR 1997198. Mr. Falconer, Finance Director, advised that the City is required to review its Investment Policy on an annual basis and that the Investment Advisory Board lAB) has unanimously approved the proposed changes with the most significant being a reduction in the Local Agency Investment Fund percentage from 40% to 35%. He advised that several members of the lAB were present and available for questions. Council Member Henderson suggested changing should" to shall" in Section 1 5(f) and Ms. Honeywell, City Attorney, advised that it's strictly a policy decision and that neither are required by law. Mr. Falconer advised that changing it shouldn't be a problem as staff already requires all telephone transactions to be supported by written communication. Council concurred. BIB] 07-30-1997-U01 10:36:46AM-U01 ADMIN-U01 CCMIN-U02 06-U02 17-U02 1997-U02 /p* City Council Minutes 3 June17, 1997 Council Member Henderson advised that she felt it's an excellent policy and she thanked the Board for their commitment in addressing these issues in detail. She stated that she's learned a great deal this year about the City's investments and she recommended that the Board continue feeling comfortable about discussing issues of importance until they're comfortable with it. Council Member Adolph felt the policy is outstanding and easily understood and was pleased with its number of checks and balances. Council Member Sniff agreed that it's a superb job. Council Member Perkins agreed and was especially pleased with the reduction in the LAIF percentage. He felt that it was a major decision on the part of the Board and staff and advised that he's looking forward to it being reduced to 25%. Mayor Holt agreed that the Board has done an excellent job and thanked them for their work. RESOLUTION NO.97-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING THE AMENDED INVESTMENT POLICY FOR FISCAL YEAR 1997/98. It was moved by Council Members Sniff/Adolph to adopt Resolution No.97-43 as amended changing should to shall" in Section 15(f). Motion carried unanimously. 2. CONSIDERATION OF RECOMMENDATION BY THE ART IN PUBLIC PLACES COMMISSION FOR A DESIGN CONCEPT FOR THE ARTWORK TO BE INSTALLED AT THE PROPOSED EAGLE HARDWARE AND GARDEN PROJECT. Mr. Herman, Community Development Director, advised that the Art in Public Places APP) Commission has recommended approval of the proposed design concept for artwork at the proposed Eagle Hardware and Garden project, noting that the final design and artist selection will be brought back to the APP and Council for final approval. The artwork will consist of a pond with a * seating wall, landscaping and a waterfall behind the pond, and two eagles one diving into the water and one on a rock. He advised that Eagle Hardware will pay for any additional costs for the artwork that exceeds the $53,000 that is expected to be generated by the project in APP fees. BIB] 07-30-1997-U01 10:36:46AM-U01 ADMIN-U01 CCMIN-U02 06-U02 17-U02 1997-U02 /pCity Council Minutes 4 June 17, 1997 Council Member Sniff felt the artwork is beautiful, but asked about the depth of the pond, expressing safety concerns for children and he questioned the possibility of installing some type of ornamental screening between the seating wall and the pond. Mr. Herman advised that it's about 1 8" deep and that the developer could have the artist address the safety concerns during the final design. In response to Council Member Perkins, Mr. Herman advised that the entire project will be approximately 30' X 1 5' X 1 2* high and located at the entrance of the store. In response to Council Member Henderson, Mr. Herman advised that the cost of the two eagles is expected to exceed $53,000. Council Member Henderson advised that she still supports having landscape architects brought into the purview of the APP program. She also commented Qn the eagle being the logo for Eagle Hardware and her previous comments regarding the conquistador in the artwork at Rancho La Quinta, advising that her only purpose in mentioning it was for Council to recognize that there could be artwork that is representational of logos. She suggested that the APP consider making a recommendation to Council to include landscape architects in the APP policy. Council Member Adolph asked if the applicant had considered moving the artwork out from the building in order to give a 3600 view to which Mr. Herman advised that it's abutted up next to the building because the mechanical equipment is to the rear and is a part of the building. Council Member Perkins suggested that night lighting be considered. MOTION It was moved by Council Members Sniff/Henderson to approve the artwork concept as recommended by the Art in Public Places Commission and require that the final design drawings be submitted ta the Art in Public Places Commission and City Council for final approval. Motion carried unanimously. MINUTE ORDER NO.97-91. BIB] 07-30-1997-U01 10:36:46AM-U01 ADMIN-U01 CCMIN-U02 06-U02 17-U02 1997-U02 /p City Council Minutes 5 June 17, 1997 3. CONSIDERATION OF RECOMMENDATION OF THE ART IN PUBLIC PLACES COMMISSION TO ENTER INTO A CONTRACT FOR SERVICES WITH MARCIA GIBBONS IN AN AMOUNT NOT TO EXCEED $10,000 FOR THE CREATION OF A MURAL FOR THE NORTH PARAPET WALL OF THE LA QUINTA CARWASH, LOCATED WITHIN THE ONE-ELEVEN LA QUINTA CENTER. Mr. Herman, Community Development Director, advised that the Art in Public Places APP) Commission has reviewed a request from the La Quinta Car Wash and determined that the car wash would be a good location for the creation of an art mural. The APP has contacted two local artists, Mike Teague who has since withdrawn his proposal and Marcia Gibbons. The APP, as well as the owner of the car wash, have determined that each of Ms. Gibbon's proposals are acceptable, but the APP's recommended first choice is the desert scene with blowing tumbleweeds In response to Council Member Sniff, Mr. Herman advised that the mural would be placed on the south-facing elevation parallel to Highway 111. In response to Council Member Adolph, Mr. Herman advised that Ms. Gibbons would coordinate the painting of the tiles with La Quinta High School students at the school and would hire a professional to handle the installation. Marcia Gibbons, 1253 Tiffany Circle South, Palm Springs, reviewed some of her background experience in creating tile murals, including her tile work at the La Quinta Hotel, and her three designs for Council's consideration. She advised that the mural would be 28' wide X 1 2' high and made with 6" tiles and that it could be completed within one month, depending on the number of students involved with the project. She noted, however, that the contract allows three months to complete the mural. In response to Council Member Adolph, Ms. Gibbons advised that the tiles would be glazed and shouldn't fade, noting that some of her oldest art pieces show very little change after 1 8 years and that she plans to stay away from colors that have a tendency to fade. Council Member Henderson felt that it's a great project and was anxious to see it get started, but was somewhat concerned about the school's failure to guarantee space at the high school for working on the project and hoped it wouldn't be a problem. Martin Lemire, 78-227 Indigo Drive, questioned the City spending money for something that would benefit the owner of the car wash and for spending City BIB] 07-30-1997-U01 10:36:46AM-U01 ADMIN-U01 CCMIN-U02 06-U02 17-U02 1997-U02 /pCity Council Minutes 6 June 17, 1997 funds for other art pieces that haven*t been installed yet. He felt the funds should be spent on other needs in the City. Mr. Herman advised that the artwork is not funded from the City's General Fund, but rather from the APP Fund which is a collection of fees for City artwork that developers pay when they obtain a building permit. He further advised that the One-Eleven La Quinta Shopping Center would ultimately generate over $150,000 in APP fees, which is more that the two previously- approved art projects and this one together. Laura Sobelman, 52-81 5 Avenida Martinez, spoke about the endurance of the tile that would be used for the artwork and stated that she liked the desert scene. MOTION It was moved by Council Members Sniff/Adolph to approve the recommendation of the Art in Public Places Commission, select their recommended design, authorize the City Manager to execute the contract with Marcia Gibbons in an amount not to exceed $10,000, and authorize the appropriation of the funds from the Art in Public Places Fund. Motion carried unanimously. MINUTE ORDER NO.97-92. 4. CONSIDERATION OF THE WASTE FRANCHISE CONTRACT WITH WASTE MANAGEMENT OF THE DESERT REGARDING COLLECTION TIME CHANGE, RATE INCREASE, APPROPRIATION FOR AUDIT OF DUMP FEES, AND REVIEW OF PROPOSITION 218 IMPLICATIONS. Mr. Herman, Community Development Director, advised that there are several issues in which staff is seeking Council's direction. One issue relates to Proposition 21 8 and whether or not to retain the waste collection fees on the tax roll or to go to direct bill. If the Council decides to go to direct bill, then there will be additional costs to the property owner to consider, and the contract with Waste Management would have to be re-negotiated, not only to take into account the additional costs, but also to add some flexibility relating to options for the user such as the ability to cancel the service is they're not here for a period of time. If the tax roll billing method is continued, then a notice would have to be mailed to every property owner regarding the proposed fee increase by Friday, June 20th Currently, the cities of Indian Wells, Indio, Cathedral City, and La Quinta collect waste collection fees on the tax rolls. Indian Wells is currently negotiating their franchise with Waste Management and have taken a wait-and-see attitude with regard to Proposition 218 and will continue to place the fees on the tax roll, BIB] 07-30-1997-U01 10:36:46AM-U01 ADMIN-U01 CCMIN-U02 06-U02 17-U02 1997-U02 /p City Council Minutes 7 June 17, 1997 and have included in the agreement that both parties will make adjustments depending on the outcome of Proposition 218. The second issue relates to the CIP increase. The franchise agreements provides the ability for the contractor to request a rate increase once each year to the extent of 50% of the CPI. They have indicated that half of the CPI is 1.1% or 11 cents) per month, or from $9.72 to $9.83. Additionally, there is a reconciliation issue. The franchise agreement provides for a disposal charge reconciliation regarding the disposal cost at the landfill. The reconciliation under consideration is for July 1 995 through June 1 996. Waste Management has indicated that the City owes them $145,910.68 for this period of time. The six cities that are served by Waste Management are proposing to jointly conduct an audit regarding reconciliation of dump fee cost amounts to determine the true costs for 1 995/96. The City's share of this audit is not to exceed $5,000. Staff is recommending that this cost be funded from the $8.50 fee that is generated per ton that was adopted by the Council in 1 996. There currently is over $41 000 in this account which was identified to be used for regional programs, a transfer station, pre-levelization costs and household hazardous waste programs. None of these tasks have come to fruition; therefore, the funds are available. An additional issue is the collection time. Because they are having to haul the trash to Edom Hill, they want to pick up the trash beginning at 5:30 am instead of 6:00 am to allow plenty of time to get to the landfill before it closes. An additional issue relates to a full audit of the contractors financial records to determine profitability levels on an annual basis for the preceding calendar year. The Council may wish to take advantage of this provision. The final issue relates to a need to amend Chapter 6.04 of the Charter and Municipal Code which sets forth regulations regarding waste collection in order to comply with new case law and Proposition 21 8. Tom Freeman, Vice President of Waste Management of the Desert, addressed the Council advising that there has not been much dialog with City Staff since March 28*. Regarding Proposition 21 8, he stated that it exempted three types of services: sewers/water/rubbish collection. They are still required to hold a public hearing when proposing a rate increase. He commented that Prop 21 8 was intended to save the taxpayer money- if the trash collection fee is taken off the tax roll and we go to direct billing, that will result in an increase to the BIB] 07-30-1997-U01 10:36:46AM-U01 ADMIN-U01 CCMIN-U02 06-U02 17-U02 1997-U02 /pCity Council Minutes 8 June17, 1997 property owner as there will be additional costs involved in doing a direct billing. One of the additional costs involved is the fact that when you go to direct bill, you see anywhere from a 5%-i 5% drop-off from the program, which has to be picked up somewhere. La Quinta currently has the lowest rates in Coachella Valley for solid waste disposal. Regarding Prop 218, he advised that the State Legislature currently has two bills under consideration to clarify and make technical clean-ups to Prop 21 8. He also noted that there have been no court decisions with regard to 218. Regarding reconciliation, he stated that the $145,000 is correct. They are in the process of performing waste audits. Regarding the $8.50 fund, their records indicate that there should be $61 000 in that fund rather than $41 000. Regarding the CPI, he stated that 1.1 % calculates out to a nine cent increase not an eleven cent increase. Regarding modifications to the municipal code, he questioned the rationale since the issue of Prop 218 has not yet been settled. Council Member Henderson commented that probably every aspect of Prop 218 is being questioned and there isn't going to be a reliable legal opinion until a court makes a decision. She referred to the exemptions in 21 8, stating that she has always felt we need to do whatever possible to lower taxes and the penalty that would be incurred in the additional paper work involved in direct billing would be counter-productive. She felt that in 21 8 we've been given a leeway to take a wait- and-see attitude or just comfortably buy into what the proposition says and leave the rates on the tax rolls. In response to Council Member Sniff, Ms. Honeywell, City Attorney, confirmed that there is an exemption in 21 B for the voting requirement for sewer/water/trash, but there is not an exemption in the actual fee definition. There is a possibility that someone could say that our fee which includes components for AB939, franchise fee and a few other things that are collected at the same time, besides the actual fee for the trash collection may be viewed by a court to be more in the nature of an assessment than a fee. She felt that a reasonable argument could be made that this should be considered in the nature of a fee and if we follow the noticing requirements and hold the public hearing and we don't have a protest that over-rides it that we could put it on the tax rolls without going to a vote. However, the Council should be aware that there are arguments that could be made that it's in the nature of an assessment and not a fee and, therefore, should have a vote. Even with leaving the fee on the tax rolls, there will be a need to re-negotiate some BIB] 07-30-1997-U01 10:36:46AM-U01 ADMIN-U01 CCMIN-U02 06-U02 17-U02 1997-U02 /p City Council Minutes 9 June 17, 1997 portions of the franchise to include some flexibility in the fee that is assessed for each property, as 21 8 requires that there be a nexus between the fee and the benefit derived to the property. She suggested that one way to do that would be to allow a property owner to get a refund if they are away from their property for a period of time. Additionally, she strongly recommended that there be a clause added to the franchise stating that the City cannot guarantee collection under the tax rolls and that in the event it is found not to be enforceable, that it be the responsibility of the franchisee to collect directly. That would be consistent with what Indian Wells has done. Council Member Sniff felt that we need to play the safest course if and when there is case law and decisions made that are definitive, then we can make adjustments. Until that happens, no adjustments can be made because we're dealing with the unknown. He supported the City Attorney's recommendations. Council Member Adolph asked if this means that we need to re-negotiate the franchise and Ms. Honeywell advised that if we try to place fees on the tax rolls, because we have to give the 45-day notice by this Friday, we need to get some direction as to the amount the Council wants to have noticed and then we have that 45-day time-frame to negotiate with Waste Mgmt. as to what things need to be modified within the franchise and that would need to be completed by the night of the public hearing. Mr. Freeman stated that they have no objections to a public hearing and they are willing to re-open negotiations. Their desire is to keep the rates low. Regarding the suggestion to allow people to discontinue their service for a period of time that is not allowed by other utilities, without paying a re- connect fee. Additionally, it would affect the overall cost of service. Council Member Adolph wished to keep the fees on the tax rolls, but just wanted to make sure that it can be done legally. Ms. Honeywell read a section of Proposition 218 and stated that the concern is to be able to validly uphold anything we put on the tax rolls. That is why we need to make a few changes so that we can point to them and say that we are not blanketly assessing everyone this same exact charge regardless of whether or not they ever use the service. She also noted that Mr. Freeman did not state that they would agree to language that the City would not be responsible for collecting it, but that they would collect the fees if we do place it on the tax rolls and a court eventually holds that it is not enforceable. That is not currently contained in the franchise. BIB] 07-30-1997-U01 10:36:46AM-U01 ADMIN-U01 CCMIN-U02 06-U02 17-U02 1997-U02 /pCity Council Minutes 10 June 17, 1997 Council Member Adolph asked if the $8.50 charge which is not for anything in particular is a violation of Prop 218 and Ms. Honeywell advised that we would argue that it is for the cost of hauling the trash to a landfill that is farther away. She pointed out again, that there are some components of the fee that can be considered an assessment. In an effort to try to keep the rates down and do what Waste Management wants to do, the Council needs to recognize that there is a risk. Council Member Perkins referred to the suggestion of tailoring the fee and allowing refunds to people who might be gone for a period of time and asked if that wouldn't increase the fee for everyone and Ms. Honeywell advised that it would, but that is what 21 8 says. She suggested that it may make sense to have a basic rate like there is for water. Council Member Henderson noted that the City is involved in certain programs as a result of State mandates and felt that the best way to maintain the cost is to retain the fee on the tax rolls. She felt that perhaps we need to bend a little, pointing out that there could be some options regarding the 96-gallon containers which some people find it difficult to handle. Ms. Honeywell confirmed that offering different sized cans or number of cans could also be used to show some flexibility in the system. Also, if they Waste Management) would agree to completely indemnify the City, then the entire issue would be moot. She pointed out that even though no court has interpreted the proposition, Prop 21 8 is a part of the State of California's Constitution. Mayor Holt felt that the best option is to leave the fee on the tax rolls and talk about some of the minor adjustments in order to try to comply with the spirit of 218. Council Member Sniff agreed and added the need to be indemnified by Waste Management. Council Member Adolph felt that it's important to sit down with Waste Management and resolve these issues to the best of everyone's satisfaction. Regarding the CPI, Mr. Herman noted that it is based on the service component only. Council then discussed the maximum rate increase to notice for the public hearing and concurred on noticing a nine-cent increase. Regarding the reconciliation, Mr. Herman stated that Waste Management wants $145,910.68 to make them whole. The options of paying for that are: 1) BIB] 07-30-1997-U01 10:36:46AM-U01 ADMIN-U01 CCMIN-U02 06-U02 17-U02 1997-U02 /p City Council Minutes 11 June 17, 1997 general fund; 2) take a percentage of that as a rate increase and pay the balance over a year or two from the $8.50 that would have to be re- committed; or 3) wait until the audit is completed and say that we'll address this next year when we do a reconciliation. In response to Council Member Adolph, Mr. Herman advised that the Council had previously committed the $8.50 to a transfer station/pre-levelization costs, household hazardous waste programs and regional programs. So, if the Council wishes to direct those monies to pay for the reconciliation over time, then we would have to eliminate the commitment to those other programs. In response to Council Member Henderson, Mr. Herman advised that the problem we have had with the reconciliation is that we have never been able to get the trip routes from the waste hauler due to the split loads, which is what part of the audit will address. Council Member Henderson supported being a part of the audit with the other cities and stated that she has always felt that the $8.50 should have been returned to the people and felt that this is an opportunity to use those funds to benefit the people by using it to offset either the CPI increase or the reconciliation costs. She also asked if there is some banked transportation monies that could be used for both the audit and to offset a rate increase and Mr. Herman advised that there is approximately $6,054 which was collected in the residential rates- he did not have the commercial rate for transportation. Mr. Freeman advised that Waste Management is already out-of-pocket the reconciliation fees and, therefore, did not wish to wait for a protracted length of time to be reimbursed. They may be receptive to negotiating a shorter period of time, but they do not wish to wait an entire year. Regarding the audit, he advised that they have just recently had an audit completed which has been submitted to the City Council. Council Member Sniff agreed to joining with the other cities in an audit. In response to Mayor Holt, Ms. Honeywell advised that if the audit does show that the reconciliation amount is owed and if it wasn't taken into consideration in this year's rate increase, then another funding source would have to be identified. If the Council wishes to continue with the $8.50 for that purpose, then the description of it would have to be changed. In response to Council Member Adolph, Mr. Herman advised that he was hopeful that the audit could be completed by August 16t, but could not guarantee it. BIB] 07-30-1997-U01 10:36:46AM-U01 ADMIN-U01 CCMIN-U02 06-U02 17-U02 1997-U02 /pCity Council Minutes 12 June 17, 1997 Council then concurred on setting the date of September 1, 1997 for completion of the audit regarding the reconciliation. Regarding the reconciliation, Council Member Henderson suggested that the $8.50 fund be utilized and that a payment plan be negotiated for the balance. Council Member Henderson commented that if the Council is going to want to assess the rate payer for the balance, then that amount is going to have to be noticed. Ms. Honeywell commented that last year the dump fees were higher than anticipated, thus the reconciliation amount, and asked if there is any reason to believe that the same thing won't happen again this year. Mr. Freeman advised that there is good reason to assume that due to recycling and the green waste program that it shouldn't happen again. Council Member Perkins referred to the letter contained in the staff report from the Howard Jarvis Taxpayers Assoc. referencing their intent with 21 8 and Ms. Honeywell advised that the reason that letter was included was to show that the City had been promised a legal opinion from Waste Management which was never received. She added that her interpretation of 21 8 is consistent with that of Rutan and Tucker and that all cities are struggling with it. Mayor Holt began summarizing Council's discussion, stating that it appears that there is support for joining in on the audit. Regarding the reconciliation, she suggested that an assumption be made that the money is owed and give staff some direction on the method of payment. Council concurred on making payments using the $8.50 fund and include a rate increase in the notice to cover the balance. Council concurred on noticing a rate increase not to exceed twenty cents including the CPI, acknowledging that it can be reduced at the public hearing. Mr. Freeman asked that the Council approve a CPI increase of 1.1% on the service component on commercial service at this time, noting that it is not on the tax rolls. Mr. Herman noted that any increase has to be considered during a public hearing and staff can notice a public hearing as soon as possible. Council concurred with the collection time change. BIB] 07-30-1997-U01 10:36:46AM-U01 ADMIN-U01 CCMIN-U02 06-U02 17-U02 1997-U02 /p City Council Minutes 1 3 June 17, 1997 Council concurred on having staff come back to Council in January for consideration of proceeding with a full audit. Council concurred on staff proceeding with a revision of Chapter 6 of the Charter and Municipal Code. MOTION It was moved by Council Members Sniff/Henderson to proceed in accordance with the discussion here today. Motion carried unanimously. MINUTE ORDER NO.97-93. 5. CONSIDERATION OF IMPLEMENTING A PROGRAM TO USE OBELISKS AS STREET SIGNS THROUGHOUT THE CITY. Mr. Vogt, Public Works Director, reviewed some of the history behind this proposal and advised that on March 25, 1 997, Council directed staff to come back with a more accurate cost estimate and alternatives for their consideration. He advised that the staff report contains cost estimates for obelisks made of urbonite, travertine, and concrete and that the cost estimates are based on 5' obelisks at the 425 residential street intersections and 7' obelisks at the 50 arterial street intersections. The cost estimates are also based on two obelisks per intersection, but only one per intersection would be necessary if they're used in conjunction with the existing street signs. Council Member Henderson made reference to some earlier public comments about the program and advised that she understood their concern, based on the information contained in the newspaper. She advised that she wasn't ready to buy into any options at this time, but wished to keep the idea alive, perhaps by an ad-hoc committee continuing to review the options and look at possibilities of setting up a private/public sponsorship program. She felt the first step might be to place seven-foot obelisks, with Welcome to La Quinta" painted on them, at the 1 5 entrances into the City. Council Member Perkins suggested that the program be adopted in concept and that businesses and individuals be encouraged to contribute to a fund for the program, instead of using City funds. He felt that it would reduce public criticism and suggested that plaques could be placed at the bottom of the obelisks in recognition of the donors. He felt block-lettering would be more appropriate than the script currently being used on the obelisks in the Cove. In response to Council Member Adolph, Mr. Vogt advised that concrete obelisks would cost approximately $78 more than the current galvanized poles BIB] 07-30-1997-U01 10:36:46AM-U01 ADMIN-U01 CCMIN-U02 06-U02 17-U02 1997-U02 /pCity Council Minutes 14 June 17, 1997 and street signs. He noted, however, that the estimated costs are subject to change should it go out to bid. In response to Council Member Sniff, Mr. Vogt advised that he wasn't aware of a significant number of streets without current identification signs. Council Member Sniff wasn't convinced that the public wants the obelisks or are willing to pay for them, noting that he's heard complaints for years about them being difficult to read. He questioned where the consistency would be should a donor program be implemented and the obelisks placed sporadically throughout the City. Although he felt it's an interesting idea, he didn't feel it should be pursued at this time and suggested that the issue be tabled. Council Member Perkins felt the obelisks could be placed on opposite corners from the existing signs instead of removing them. Council Member Henderson felt the obelisks should be closer to the corner and she pointed out their historical significance in identifying the City. Mayor Holt didn't see a problem with trying to identify what the interest might be in the community for sponsoring such a program. Council Member Adolph understood that reflective paint could be used to solve the readability problem. Council Member Henderson noted that one of the proposals included reflective material being poured into the monolithic lettering. Council Member Perkins recommended that the program be pursued by investigating the interest of the business community and suggested that Council Member Henderson work with staff on the program. Mr. Genovese, City Manager, advised that staff would outline the procedures for moving forward with the concept and report back to Council through a department report at the next Council meeting. Council concurred on taking up Business Session Item No. B at this time as requested by the City Manager. BIB] 07-30-1997-U01 10:36:46AM-U01 ADMIN-U01 CCMIN-U02 06-U02 17-U02 1997-U02 /p City Council Minutes 1 5 June 17, 1997 8. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING THE CITY'S MEMBERSHIP IN THE LIABILITY PROGRAM AND ADOPTING A RESOLUTION APPROVING MEMBERSHIP IN THE WORKERS' COMPENSATION PROGRAM WITH CALIFORNIA JOINT POWERS INSURANCE AUTHORITY. There were no changes to the staff report as submitted to the City Council from the Finance Department and is on file in the City Clerk's Department. In response to Council Member Henderson, Mr. Falconer, Finance Director, advised that California Joint Powers Insurance Authority uses the City of Lakewood as their treasurer and they take a very conservative approach on investments. Their buy and hold" investment strategy is one of the key criteria that staff looked at in making this recommendation, as well as what they do, or do not, invest in. Council Member Adolph was pleased that the City would save money as well as receive a better investment. RESOLUTION NO.97-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING EXECUTION OF THE JOINT POWERS AGREEMENT CREATING CALIFORNIA JOINT POWERS INSURANCE AUTHORITY, AND FURTHER APPROVING PARTICIPATION IN ITS JOINT PROTECTION PROGRAM PROVIDING LIABILITY COVERAGE THROUGH SELF-INSURANCE, LOSS POOLING, AND EXCESS INSURANCE. It was moved by Council Members Sniff/Adolph to adopt Resolution No.97-44 as submitted. Motion carried unanimously. RESOLUTION NO.97-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, TO AUTHORIZE AND APPROVE SELF-INSURANCE OF WORKERS' COMPENSATION FOR ITS EMPLOYEES THROUGH THE SELF- INSURANCE AND LOSS POOLING PROGRAM OF CALIFORNIA JOINT POWERS INSURANCE AUTHORITY. It was moved by Council Members Sniff/Adolph to adopt Resolution No.97-45 as submitted. Motion carried unanimously. BIB] 07-30-1997-U01 10:36:46AM-U01 ADMIN-U01 CCMIN-U02 06-U02 17-U02 1997-U02 /pCity Council Minutes 16 June 17, 1997 Council concurred on taking up Business Session Item No.10 at this time. 10. CONSIDERATION OF A REQUEST BY THE TORRES-MARTINEZ DESERT CAHUILLA INDIANS FOR CITY SUPPORT OF PROPOSED LEGISLATION TO IMPLEMENT THE TRIBE'S SETTLEMENT AGREEMENT WITH THE UNITED STATES. Mr. Weiss, Assistant City Manager, advised that the Torres-Martinez Indian Tribe has asked the City to support proposed legislation that would settle outstanding claims they have with the Federal government and special districts CVWD and lID). The two changes proposed in this legislation are the elimination of the secondary acquisition area and an increase in their compensation for settlement rights to the claim. He advised that last year staff sent a letter to Senator Feinstein which stated that the City did not wish to have the boundaries of the primary acquisition to enter into the City limits of La Quinta, but that if it did, that the City wished to have virtual veto power over the acquisition of lands, including those within its sphere of influence. The draft letter in the staff report reiterates that same position. Joy Schlendorf, 1 820 Rosemont Circle, San Jacinto, representing the Torres- Martinez Indians, advised that they are not requesting support for proposed legislation, but rather for a resolution in order to provide Congressman Bono with some level of comfort in redrafting HR3640 and introducing it as a new bill in Congress this session. She advised that under the proposed legislation, the City would retain local veto power in Block No.1. In addition, a stipulation has been removed that would have allowed Torres-Martinez to purchase land in Block No.2 and put it into trust for gaming or non-gaming purposes and that's why they*re asking for an increase in their settlement from $14 million to $67 million. She advised that the tribe has lost use of over 12,000 acres of land for 90 years. In response to Council Member Sniff, Ms. Schlendorf advised that she understood the City's concern, but didn't feel that the proposed legislation would adversely affect the City, noting that the City would be dealing with a tribe that has money to help the City's economic development. In reference to the letter proposed by staff, she advised that it would leave the tribe with hardly anything if property within the City and within its sphere of influence is taken out of the settlement. She commented on Palm Springs' relationship with the Indians and how they've benefited and advised that she felt La Quinta could benefit as well. Council Member Sniff supported sending the letter drafted by staff. BIB] 07-30-1997-U01 10:36:46AM-U01 ADMIN-U01 CCMIN-U02 06-U02 17-U02 1997-U02 /p City Council Minutes 17 June 17, 1997 Council Member Adolph was concerned that if the tribe purchases property within the City, that it would revert back to Federal property, but Ms. Schlendorf didn't believe that would happen because it would require an act of Congress. Council Member Perkins pointed out that there's only a small amount of land involved and advised that as along as the City has assurance of its veto power over proposed acquisitions within the City and its sphere of influence, he didn't have a problem with leaving it at that. MOTION It was moved by Council Members Sniff/Henderson to authorize staff to mail the letter as drafted and submitted as part of the staff report. Motion carried unanimously. MINUTE ORDER NO.97-94. Council recessed to Closed Session to and until the hour of 7:00 p.m. CLOSED SESSION Mayor Holt abstained from participating in Item No.3 as she has done consistently in the past as well as Item No.4. In addition, Mayor Holt and Council Member Adolph abstained from participating in Item No.5 due to a conflict of interest. 1. Conference with legal counsel pursuant to Government Code Section 54956*9(c), concerning potential initiation of litigation. 2. Public Employee Appointment Parks & Recreation Director, pursuant to Government Code Section 54957. 3. Conference with legal counsel pursuant to Government Code Section 54956.9(a), regarding existing litigation Stamko Development Co., Case No. INC 000492. 4. Conference with legal counsel pursuant to Government Code Section 54956.9(a), regarding ongoing litigation County of Riverside Case No. INC 002131. 5. 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 Highway 111 and Adams Street in the One-Eleven Shopping Center. Property OwnerlNeg9tiator: Dick Oliphant. 7:00P.M. BIB] 07-30-1997-U01 10:36:46AM-U01 ADMIN-U01 CCMIN-U02 06-U02 17-U02 1997-U02 /pCity Council Minutes 18 June 17, 1997 PUBLIC COMMENT JoAnn McLaughlin, 53-955 Avenida Herrera, asked for Council's approval for volunteers to replace the oleanders along the Bear Creek Bike Path with bougainvilleas or hibiscus on July 6th. Mayor Holt advised that staff would contact her regarding the proper process to follow. PUBLIC HEARINGS 1. TENTATIVE TRACT MAP 28410 AND SITE DEVELOPMENT PERMIT 97-602, FOR SUBDIVISION OF 17 ACRES INTO 67 SINGLE-FAMILY RESIDENTIAL AND OTHER COMMON LOTS AND APPROVAL OF PROTOTYPE HOUSES THAT RANGE IN SIZE FROM APPROXIMATELY 2,201 TO OVER 3,000 SQUARE FEET COMPATIBILITY REVIEW), LOCATED GENERALLY 560 FEET SOUTH OF PGA BOULEVARD ALONG THE EAST SIDE OF CEDAR CREST, SOUTH OF RIVIERA ALONG THE EAST AND WEST SIDES OF MEDINAH, AND SOUTH OF MERION ALONG THE WEST SIDES OF INTERLACHEN AND COLONIAL. APPLICANT: MC COMIC CONSOLIDATED, INC. The Mayor declared the PUBLIC HEARING OPEN. Ms. di Iorio, Planning Manager, reviewed the proposed tract map and site development permit for 67 single-family and other common lots on 1 7 acres in PGA \*Vest, advising that the tots range in size from 7,983 to 31,455 sq. ft. and that the homes range from 2,201 to 3,304 sq. ft. The property is zoned RL Low-Density Residential) and designated Specific Plan Residential. She advised that the Planning Commission has reviewed the applications and recommended approval subject to conditions. in response to Council Member Adolph, Ms. di Iorio advised that swimming pools are not required under the current specific plan, but the proposal includes pools for both open-space areas. Council Member Adolph felt there might be some problems in using the specific plan that was amended last summer. Ms. Honeywell, City Attorney, advised that only one valid specific plan exists for that area and that's the one that was used for this project. BIB] 07-30-1997-U01 10:36:46AM-U01 ADMIN-U01 CCMIN-U02 06-U02 17-U02 1997-U02 /p City Council Minutes 19 June 17, 1997 Ba*ry McComic, 2032 Via Casa Alta, San Diego, Chief Executive Officer of McComic Consolidated, Inc., spoke regarding an unresolved issue that they have with the Homeowners' Association HOA) regarding pools in the tract, advising that they've removed six lots from the plot plan four home lots and one pool lot on the island at the south end and one pool lot at the north end) in order to construct two pools, one of which is oversized, and they feel they've done all that should be required. In response to Council Member Adolph, Mr. McComic advised that a golf cart easement is provided at the end of Cedar Crest. Mr. McComic asked for Council's approval to reverse the north pool lot with the adjacent single-family lot because the house plan that's been approved is too long for the single-family lot. In response to Council Member Adolph, he advised that they plan to use roll-up garage doors. Jim Saul, 57-136 Merion, President of PGA West 2 Residential Association, advised that they wish to see the tradition maintained that was previously set by Sunrise, of constructing one pool for every 1 9 homes, as opposed to building two pools for 67 homes as proposed. He pointed out that by exchanging one home on Medinah for a pool, the ratio would be reduced to one pool for every 22 homes, which would be more acceptable. He expected very few private pools to be built, noting that only seven exist in the Highland tract that is comparable to this tract. Furthermore, the tract doesn't provide enough open space to break up the monotony of the new homes along the streets and the density is nearly 5 units/acre in comparison to the previous development standards of 2-4 units/acre. They feel that the tract fails to provide some of the traditional ambience and open space of PGA West, but believe their concerns can be met by placing a pool on Medinah. They don't wish to delay the project and feel that they can work out an amicable solution with the applicant and, therefore, suggest that Council approve the tract with a condition that the applicant must get written approval from the HOA before receiving building permits. They've already worked out several issues with the applicant such as adequate fairway access and a larger pool. He advised that the entire tract is within the PGA West 2 Residential Association. In response to Council Member Adolph, Mr. Saul advised that once the homes are sold, they become the responsibility of the HOA which is required by its CC&R's, to impose dues for maintenance of the pools and, oftentimes, those who don't have a community pool complain. He confirmed that rear-yard access would be provided for gardeners much like in the other areas, but noted that a pool and open space on Medinah would increase the access. BIB] 07-30-1997-U01 10:36:46AM-U01 ADMIN-U01 CCMIN-U02 06-U02 17-U02 1997-U02 /pCity Council Minutes 20 June 17,1997 Mr. McComic advised that they plan to offer a pool with every home and believe that a large percentage of the homeowners will take advantage of that, resulting in this development having more pools than the other developments. He has agreed to construct a large pool, but feels that a lap pool would be sufficient, advising that they expect less than 25% of their residents to live there year-round. Council Member Adolph felt that compatibility with PGA West throughout the development is important to the HOA and that is what draws people to the community. Mr. Saul noted that lack of open space on Medinah is their main concern. It's conceivable that the developer could propose something other than a pool for an open-space area, but he felt that a pool would be the simplest way to handle it, because it's the pattern that's already been established. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. Council Member Perkins referred to the number of pools in his gated community and advised that he would like to close half of them because, with the exception of the large one, they're rarely used. He strongly supports HOAs and their CC&Rs and the ability for them to work something out with the developer. He hoped they would be able to find a solution on their own without the Council. Council Member Henderson pointed out that the negotiations have been going on for at least three months and she felt that the developer's movement to create open space on the island was considerable movement on his part. In response to Council Member Henderson, Ms. Honeywell confirmed that the pool issue is not really an issue for Council to decide because pools weren't included as a requirement when the specific plan was approved. In response to Council Member Henderson, Mr. McComic advised that today is the first time he has heard of the suggestion to eliminate a home on Medinah and put in an additional pool or other open space amenity. Council Member Henderson felt that they could continue their discussions, but she wasn't prepared to put a condition on the project that would require the applicant to obtain written approval from the HOA. BIB] 07-30-1997-U01 10:36:46AM-U01 ADMIN-U01 CCMIN-U02 06-U02 17-U02 1997-U02 /p ii City Council Minutes 21 June 17, 1997 In response to Council Member Henderson, Ms. Honeywell advised that the HOA's suggestion to add a condition requiring their approval, is somewhat different and even more unusual, than a previous suggestion made by CVUSD regarding Tract 28444, because the City doesn't have authority within its City Codes to require a developer to obtain approvals from a HOA. Council Member Henderson thanked Mr. Saul for his presentation and Mr. McComic for working in good faith with the HOA. In response to Council Member Adolph, Mr. Herman, Community Development Director, advised that the property is zoned low-density, but the specific plan allows the 2 units/acre requirement to be spread over the entire development. Council Member Adolph spoke about HOAs' responsibilities and advised that he felt the partnership between the developer and HOAs are vastly important to the overall community. He wished to see one lot left open on Medinah in order for both parties to have an opportunity to come to an agreement on how it should be developed to maintain the streetscape of PGA West. Council Member Sniff felt that requiring the developer to obtain written approval from the HOA is tantamount to the developer having to do what the HOA wants or else not build. He felt the project should be approved and hoped the two parties would be able to work something out in regard to the lot on Medinah. Mayor Holt agreed and felt that it would be setting a precedent and inappropriate if Council got between the developer and the HOA by adding that kind of condition. She hoped they would come to some resolve in having some type of open space on Medinah. In response to Council Member Perkins, Ms. Honeywell advised that any conditions placed on tentative tract maps must be based on the City's zoning and development standards and that those standards do not include HOA approval. RESOLUTION NO.97-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 28410 TO SUBDIVIDE 17 ACRES INTO 67 SINGLE-FAMILY LOTS AND OTHER COMMON LOTS IN PGA WEST RESORT APPROXIMATELY 560 FEET SOUTH OF PGA BOULEVARD ALONG THE EAST SIDE OF CEDAR CREST, SOUTH OF RIVIERA ALONG THE EAST AND WEST SIDES OF MEDINAH, AND SOUTH OF MERION ALONG THE WEST SIDES OF INTERLACHEN AND COLONIAL. APPLICANT: MCCOMIC CONSOLIDATED, INC. BIB] 07-30-1997-U01 10:36:46AM-U01 ADMIN-U01 CCMIN-U02 06-U02 17-U02 1997-U02 /pCity Council Minutes 22 June 17, 1997 It was moved by Council Members Henderson/Sniff to adopt Resolution No. 97-46 as modified adding Condition No.49 regarding the reversal of lots 1 and A at the north terminus of Cedar Crest, and amending Condition No.47 to read open space, including a pool, prior to....). Motion carried with Council Member Adolph voting NO. RESOLUTION NO.97-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT 97-602 TO ALLOW CONSTRUCTION OF SINGLE-FAMILY HOUSES THAT RANGE IN SIZE FROM 2,201 TO 3,304 SQUARE FEET FOR TENTATIVE TRACT MAP 28410. APPLICANT: MCCOMIC CONSOLIDATED, INC. It was moved by Council Members Henderson/Sniff to adopt Resolution No. 97-47 as submitted. Motion carried with Council Member Adolph voting NO. 2. LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO.89-i FOR FISCAL YEAR 1997198. The Mayor declared the PUBLIC HEARING OPEN. Mr. Vogt, Public Works Director, advised that on May 6, 1 997, Council approved the Preliminary Engineer's Report for Landscape & Lighting Assessment District LLAD) 89-1 for FY 1997/98 and on June 3, 1997, a public meeting was held to receive public input. He advised that due to the provisions of Proposition 21 8, non-exempt projects have been taken out of the district, resulting in a decrease to $825,943 in the overall estimated costs of the district and an assessment rate of $35.60/EDU. There being no one wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. Council Member Henderson was pleased with the $7.74 reduction in the assessment. RESOLUTION NO.97-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FISCAL YEAR 1997-1998 ASSESSMENT DISTRICT NO.89-i. It was moved by Council Members Sniff/Adolph to adopt Resolution N*. 97-48 as submitted. Motion carried unanimously. BIB] 07-30-1997-U01 10:36:46AM-U01 ADMIN-U01 CCMIN-U02 06-U02 17-U02 1997-U02 /p City Council Minutes 23 June 17, 1997 BUSINESS SESSION.................continued Council concurred on taking up Business Session Item No.9 at this time. 9. CONSIDERATION OF COMMISSION REVIEW OF CONTRACT SERVICES APPLICATIONS. Mr. Weiss, Assistant City Manager, advised that on June 3, 1997, Council reviewed the Contract Services Agreement and indicated that the contract applications should be forwarded to the appropriate commission for review. Staff is asking for direction in regard to which commissions should review the individual applications and the schedule for those reviews, as well as direction for criteria or scope of commission review. Mayor Holt advised that it appears that they should all go to the Cultural Commission. Council Member Henderson pointed out the potential for conflict with some commissioners being on the boards of the entities involved and suggested changing the terminology of contracts to grants. In response to Council Member Henderson, Ms. Honeywell, City Attorney, advised that that would eliminate the Government Code 1090 conflict, leaving only the common-law conflict to be analyzed under grants. She noted that since the commission would be making recommendations and not decisions, the common-law conflict wouldn't be as much concern, but it would be discretionary. In response to Council Member Perkins, Ms. Honeywell advised that Council could place conditions on grants that have requirements for services. Council Member Henderson stated that she has a lot of faith in the Cultural Commission and feels that they should review all of the applications listed in the staff report. Council Member Sniff believed that grants and contracts for services are different with one being more oriented to a business arrangement than the other, but felt that if the commissions are going to review the contracts for services, that they should be limited to advising on the worthiness of the program and not the funding amount. He preferred to not send the La Quinta Arts Foundation application to any commission for review, but if it is, he felt that it should come under the purview of the Arts in Public Places APP) Commission rather than the Cultural Commission. In regard to conflicts of BIB] 07-30-1997-U01 10:36:46AM-U01 ADMIN-U01 CCMIN-U02 06-U02 17-U02 1997-U02 /pCity Council Minutes 24 June 1 7, 1 997 interest, he advised that he has refrained from being a member of the Historical Society and the Chamber of Commerce to avoid any such appearance. Mayor Holt advised that she's not a member either, but doesn't have a problem with those who are. Council Member Perkins felt all the applications, except for the Chamber, should be sent to the Cultural Commission. He didn't feel that there's anything in the ordinance to cover sending the Arts Foundation application to the APP and he noted that the Arts Foundation had indicated last year that they would be asking for $50,000, not $75,000 as stated in the staff report. Mayor Holt agreed that all of the applications should be sent to the Cultural Commission and pointed out that the commission would most likely indicate that all of the organizations are worthy. She felt the issue before the Council is the funding level. She wished to have the commission's feedback, as well as a recommendation from staff on a weighted scale. Council Member Henderson wished to see the commission review the applications during July and August and maybe make a recommendation in September once the funding level has been determined; that would give them time to set up some guidelines and criteria. She agreed that staff should provide input as well, based on some type of weighted system. Council Member Adolph felt the commission should be given some type of criteria to weigh the requests and he advised that he wasn't sure about the APP reviewing the Arts Foundation application, but hoped the Cultural Commission would have enough diversity to provide some good input. Mayor Holt felt that if the APP is involved at all, that they should review all of them along with the Cultural Commission. Council Member Henderson agreed Council would make the final decision, but pointed out that some of the other commissions make significant recommendations to Council on financial matters. Council Member Sniff didn't feel that the review process would be so complex that it would require the whole summer and noted that the commission had indicated previously that they would be able to make a decision in one meeting and would schedule a special meeting if necessary. Council Member Perkins agreed the commission would probably be able to make a decision in one meeting, but didn't feel it should be turned over to them until the budget is adopted. As to how long it should take, he felt it should be left up to the commission. BIB] 07-30-1997-U01 10:36:46AM-U01 ADMIN-U01 CCMIN-U02 06-U02 17-U02 1997-U02 /p City Council Minutes 25 June 17, 1997 Council Member Sniff was concerned about how long it might take and how it would affect the organizations, noting that the applications have already been submitted. He agreed that the commission should be provided with how much funding is available and hoped they would proceed promptly. MOTION It was moved by Council Members Henderson/Perkins that the applications as listed on the front of the staff report be referred to the Cultural Commission for review. After a brief discussion, the motion was withdrawn. MOTION It was moved by Council Members Henderson/Perkins that the applications of Coachella Valley Community Concerts Association, La Quinta Arts Foundation, La Quinta Historical Society, La Quinta On-Stage, and La Quinta Open-air Museum be reviewed by the Cultural Commission and that they be referred to as grants. Motion carried unanimously. MINUTE ORDER NO.97-95. MOTION It was moved by Council Members Henderson/Perkins that the Cultural Commission review the applications that are being submitted to them and return to Council with a recommendation on funding within a period not to exceed two months. Kathryn Hull, 77-260 CalIe Chillon, Cultural Commission Chairperson, advised that they wish to have guidelines provided and the vacancies filled before proceeding, but she didn't*t see any problem with handling it during July. After a brief discussion, the motion was withdrawn. MOTION It was moved by Council Members Henderson/Sniff that the Cultural Commission review the applications being submitted to them and return to Council with a recommendation on funding for Council*s consideration on August 6, 1 997. Motion carried unanimously. MINUTE ORDER NO.97-96. Council concurred on allowing the Cultural Commission to develop the criteria for the review process. 6. CONSIDERATION OF A NEW POLICY REGARDING THE EXECUTION OF CONSTRUCTION CONTRACT CHANGE ORDERS. There were no changes to the staff report as submitted to the City Council from the Public Works Department and is on file in the City CIerk*s Department. BIB] 07-30-1997-U01 10:36:46AM-U01 ADMIN-U01 CCMIN-U02 06-U02 17-U02 1997-U02 /pCity Council Minutes 26 June 17, 1997 MOTION It was moved by Council Members Sniff/Perkins to adopt a new policy for the execution of Contract Change Orders as delineated in the staff report). Council Member Henderson suggested increasing the amount to give more leeway. Mr. Vogt, Public Works Director, noted that in an emergency, the City Manager has the authority to declare an emergency and authorize the change order. Council Member Perkins supported staff's recommendation because he felt it gives better control. Motion carried unanimously. MINUTE ORDER NO.97-97. 7. CONSIDERATION OF AN AMENDMENT TO A CONTRACT WITH RAY LOPEZ & ASSOCIATES TO REVISE EXISTING LANDSCAPING ON HIGHWAY 111 MEDIANS FROM ADAMS STREET TO THE WESTERN CITY LIMITS. There were no changes to the staff report as submitted to the City Council from the Public Works Department and is on file in the City Clerk's Department. In response to Council Member Adolph, Mr. Vogt confirmed that there will be no mounding of Palm Springs Gold in the medians. MOTION It was moved by Council Members Perkins/Henderson to approve Contract Amendment No.1 in an amount not to exceed $4,450 to Ray Lopez & Associates to revise existing landscaping on Highway 111 median islands and authorize an expenditure of $4,450 from the Contract Services Account. Motion carried unanimously. MINUTE ORDER NO.97-98. 11. CONSIDERATION OF APPROVAL OF THE 1997/98 HUMAN SERVICES COMMISSION WORK PLAN. There were no changes to the staff report as submitted to the City Council from the Building & Safety Department and is on file in the City Clerk's Department. Council Member Henderson wished to see the Human Services Commission establish an on-site liaison at the schools each year and to add it to their work plan. BIB] 07-30-1997-U01 10:36:46AM-U01 ADMIN-U01 CCMIN-U02 06-U02 17-U02 1997-U02 /pCity Council Minutes 27 June 17, 1997 MOTION It was moved by Council Members Henderson/Sniff to approve the Human Services Commission Work Plan for FY 1 997/98 with the additional recommendation that they add a task stating that each year they will create a liaison with each of the four schools in the community. Motion carried unanimously. MINUTE ORDER NO.97-99. 12. CONSIDERATION OF APPROVAL OF THE 1997/98 ART IN PUBLIC PLACES COMMISSION WORK PLAN. There were no changes to the staff report as submitted to the City Council from the Community Development Department and is on file in the City Clerk's Department. Council Member Henderson was concerned about art shows and workshops being added to their work plan. Mr. Herman, Community Development Director, advised that that issue would be brought back to Council for discussion. MOTION It was moved by Council Members Henderson/Adolph to approve the Art in Public Places Commission Work Plan for FY 1 998/98 as amended deletion of the art shows). Motion carried unanimously. MINUTE ORDER NO. 97-100. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED JUNE 17, 1997. 2. TRANSMITTAL OF TREASURER'S REPORT DATED APRIL 30, 1997 FOR THE CITY OF LA QUINTA. 3. DENIAL OF CLAIM FOR DAMAGES BY DANIEL K. MANNEY, DATE OF LOSS, MARCH 17, 1997. 4. ADOPTION OF RESOLUTIONS CALLING AND GIVING NOTICE OF THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 4, 1997 AND ADOPTING REGULATIONS FOR CANDIDATES PERTAINING TO CANDIDATES STATEMENTS. 5. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR COUNCIL MEMBER ADOLPH AND COUNCIL MEMBER HENDERSON TO ATTEND THE LEAGUE OF CALIFORNIA CITIES' ANNUAL MAYORS AND COUNCIL MEMBERS EXECUTIVE FORUM IN MONTEREY, JULY 23-25,1997. BIB] 07-30-1997-U01 10:36:46AM-U01 ADMIN-U01 CCMIN-U02 06-U02 17-U02 1997-U02 /pCity Council Minutes 28 June 17, 1997 6. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE MANAGEMENT ASSISTANT TO ATTEND THE MUNICIPAL MANAGEMENT ASSISTANTS OF SOUTHERN CALIFORNIA ANNUAL CONFERENCE IN VENTURA, AUGUST 7-8, 1997. 7. SEE BUSINESS SESSION ITEM NO.11. 8. APPROVAL OF A REQUEST BY THE RIVERSIDE COUNTY HEALTH SERVICES AGENCY REGIONAL ACCESS PROJECT TO UTILIZE THE COUNCIL CHAMBER FOR A LA QUINTA FREE IMMUNIZATION CLINIC ON JULY 9 AND AUGUST 13, 1997 FROM 9:30 A.M. TO 12:30 P.M. 9. ADOPTION OF A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE LA QUINTA EMPLOYEES' ASSOCIATION. 10. SEE BUSINESS SESSION ITEM NO.12. 11. ACCEPTANCE OF GRANT DEED FOR RIGHT-OF-WAY ON AVENUE 48. 12. REJECTION OF BID FOR CALLE TAMPICO AND PEDESTRIAN SAFE ROUTE, PROJECT NO.97-04 AND AUTHORIZATION TO RE-BID. MOTION It was moved by Council Members Adolph/Sniff to approve the Consent Calendar as recommended and amended with Item Nos. 4 and 9 being approved by RESOLUTION NOS. 97-49, 97-50, and 97-51 respectively. Motion carried unanimously. MINUTE ORDER NO.97-101. STUDY SESSION None REPORTS AND INFORMATIONAL ITEMS C. V. Mosquito and Vector Control District Council Member Perkins reported on a recent personnel action concerning the District's manager and advised that the Assistant Manager is currently serving as the Interim Manager. All other reports were noted and filed. BIB] 07-30-1997-U01 10:36:46AM-U01 ADMIN-U01 CCMIN-U02 06-U02 17-U02 1997-U02 /p City Council Minutes 29 June 17, 1997 DEPARTMENT REPORTS F-i. TRANSMITTAL OF THE REVENUE & EXPENDITURES REPORT DATED APRIL 30, 1997. MOTION- It was moved by Council Members Sniff/Adolph to receive and file the Revenue & Expenditures Report dated April 30, 1 997. Motion carried unanimously. MINUTE ORDER NO.97-102. G-1. PARKS & RECREATION DEPARTMENT REPORT FOR MAY 1997. Mayor Holt commented on the growth of the Kidsline Program, stating that she felt it*s interesting how it has kept growing while a lot of the other programs have died out. Council Member Perkins agreed and felt that La Quinta doesn't get enough credit for starting the program. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DUST ABATEMENT. Council Member Adolph advised that he's received calls about the dust blowing from the Traditions and Snellenberger projects and he asked Code Enforcement to tighten up a little more on enforcement. In response to Mayor Holt, Mr. Genovese, City Manager, advised that they're in the process of stabilizing the site near the La Quinta High School. Mr. Vogt, Public Works Director, advised that CVAG has approved using PM1O funding and the work is being handled in-house. Council Member Sniff commented on the dust problems in The Village and asked if staff had considered his previous suggestion to plant grass on the City property there. Mr. Vogt advised that it will be watered on a regular basis as soon as the water truck is repaired and staff will look into the possibility of planting grass. Council Member Perkins noted that there's also a dust problem at the landscaping project on Washington Street. BIB] 07-30-1997-U01 10:36:46AM-U01 ADMIN-U01 CCMIN-U02 06-U02 17-U02 1997-U02 /p it City Council Minutes 30 June 17, 1997 2. SPECIAL MEETING OF JULY 22ND. Council Member Adolph advised that he and Council Member Henderson would be attending a League Conference in Monterey beginning July 23rd and asked that the Special Council Meeting be rescheduled. Council concurred on canceling the meeting. Council recessed to Financing Authority meeting. Council reconvened and recessed to Redevelopment Agency meeting. Council recessed to Closed Session as delineated on Page 10. 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. Resp tfully submitted, SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California BIB] 07-30-1997-U01 10:36:46AM-U01 ADMIN-U01 CCMIN-U02 06-U02 17-U02 1997-U02