1995 02 07 CC Minutes LA QUINTA CITY COUNCIL
MINUTES
February 7, 1995
Regular meeting of the La Quinta City Council on February 7, 1995 was called to order at the
hour of 3.00 p.m. by Mayor Pefia, followed by the Pledge of Allegiance.
PRESENT: Council Members Bangerter, Cathcart, Perkins, Sniff, Mayor Pefia
ABSENT: None
CONFIRMATION OF AGENDA Confirmed
APPROVAL OF MINUTES
MOTION It was moved by Council Members Sniff/Bangerter to approve the City Council
Minutes of January 17 and 24, 1995 as submitted. Motion carried with Council Member
Cathcart ABSTAINING.
ANNOUNCEMENTS
Mayor Pefia welcomed Council Member Cathcart and congratulated him on his appointment to
the City Council.
PRESENTATIONS None
PUBLIC COMMENT
Mr. Robert Tyler, 44-215 Villeta Drive, referred to his recent interview for the Council
vacancy in which he advised that crime prevention is his number one priority and he urged
Council to consider an increase in funding for police protection during the budget review. He
further commented on the proposed auto mall and a recent news article in which a representative
of Midland Properties was quoted as saying that an agreement between Midland and the Cities
of Indio and La Quinta is almost negotiated. He said hat the same representative made a
comment during a radio interview that RDA funds aren't involved, but there will be sales tax
revenue fed back to Midland. He also questioned why there's still a sign up at Indio Boulevard
and Jefferson advising of a proposed auto center. He then referred to an agreement signed by
the Cities of La Quinta and Indio regarding the intent of La Quinta not to locate an auto center
within Project Area 2 and that the property currently in question is within Project Area 2. He
felt that the closed session meetings are creating suspicions on the part of the public because they
only receive bits and pieces" from the newspapers. He urged the Council to give full
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disclosure of the negotiations so that the residents can draw a conclusion to either be in favor
or against such a proposal in the City of La Quinta.
Mr. Martin Langer, 49-994 El Circulo, President of Community Concerts of La Quinta,
reported that Pacific Symphony, a major symphonic organization, will be performing two student
concerts at the La Quinta Middle School on March 11th. They also will perform at Community
Concerts' 45th anniversary at the La Quinta Hotel on March 12th. He felt it's important that
the community show their appreciation to the symphonic organization for their interest in
performing here locally by planning some type of interface activity for the children.
Ms. Barbara Irwin, 44-065 Camino La Cresta, spoke regarding the Fritz Burns Park Public
Forum held February 6th. She advised that the pool design presented at the forum was he
original design and not a redesign as the Council directed. She suggested that any further public
forums be canceled until staff redesigns the pool as directed.
WRITTEN CORRESPONDENCE None
BUSINESS SESSION
1. CONSIDERATION OF A REQUEST FOR ANNEXATION OF APPROXIMATELY
117 ACRES LOCATED NORTHWEST OF THE INTERSECTION OF JEFFERSON
STREET AND FRED WARING DRIVE. APPLICANT: KURT JOHNSTON,
AGENT FOR THE OWNER.
Mr. Herman. Community Development Director, advised that on January 17th the
Council requested staff to obtain a letter from the property owner, Mr. Wade Ellis,
indicating his wish to have his property annexed to the City of La Quinta. At that
meeting Ms. Chris Clarke indicated her property was adjacent to Mr. Ellis' property and
also wished to be annexed. A letter has been received from Mr. Ellis and a letter of
support with conditions was also received from Ms. Clarke. He advised that the
applicant is requesting permission to proceed with the annexation process.
Ms. Maurine Hammond, 79-331 Eisenhower Way, Bermuda Dunes, as a member of
Bermuda Dunes Community Council advised that they oppose the proposed annexation.
They are in the process of having their area declared a *`cornmumty of interest? through
LAFCO to prevent such annexation attempts. She was also opposed to any inclusion of
commercial zoning designations for the proposed annexation area.
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Ms. Chris Clarke, 10-100 Santa Monica Boulevard, Los Angeles, STAMKO Company,
advised that she supports having her property included in the annexation providing she
is not responsible for any fees nor required to sign a pre-annexation agreement. She
referred to Ms. Hammonds's concerns and advised that she is not advocating the
annexation of developed land in Bermuda Dunes, but rather seeks to annex her raw land
to the City of La Quinta because of the extreme difficulty in processing projects in the
County.
Council Member Sniff supported moving forward with the proposed annexation.
MOTION It was moved by Council Members Sniff/Bangerter to authorize staff to
begin the annexation process in consideration of a request for annexation of
approximately 117 acres located northwest of the intersection of Jefferson Street and Fred
Waring Drive, applicant Kurt Johnston, agent for Wade Ellis. Motion carried
unanimously. MINUTE ORDER NO.95-22.
2. CONSIDERATION OF A REQUEST TO RELEASE $15,000 TO THE COLLEGE
OF THE DESERT REGIONAL BUSINESS ASSISTANCE CENTER.
Mr. Herman, Community Development Director. advised that on January 3rd the Council
requested the Regional Business Assistance Center to supply testimonials, a financial
budget. and a progress report which are included in the staff report. He advised that the
Center initially requested a three-year financial commitment to which the City committed
to one year only when the program began in 1993.
Council Member Sniff asked why testimonials were not submitted from La Quinta
businesses who have benefitted from the program.
Ms. Gayl Biondi, 43,500 Mon?terey Drive, Palm Desert, Director of the Regional
Business Assistance Center, referred to a letter from Judy Vossler indicating that the La
Quinta Hotel utilized the Center's services for second language training and customer
service training of personnel. Other testimonials referred to were from businesses
outside of the City who have provided benefits to businesses in La Quinta through the
Center's services. She offered to research their files further to obtain additional
testimonials, but noted that their program is a regional program.
In response to Mayor Pena, Ms. Biondi advised that the three pages of budget
information include a letter from Terry Green explaining the funding streams relative to
the Center, a memo that outlines expenses and income for the Center, and the budget for
the Workplace Learning Resource Center.
Mayor Pen a didn't feel that the budget information supplies sufficient information on how
the funds are being used.
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Ms. Biondi advised that the funds they receive from contributing agencies are pooled and
used for the program's salary expenses and delivery of the programs to the communities.
She advised that she is the only staff person for whom salary is provided out of the
program.
In response to Mayor Pena, Ms. Biondi advised that the educational programs supplied
in the workplace are fee based. COD provides this service through the Workplace
Learning Resource Center which is part of the Regional Business Assistance Center.
Mayor Pen a also expressed concern about the lack of testimonials, as he wished to know
if businesses located in La Quinta have directly benefitted from the program.
Ms. Biondi advised that the theory behind the Center is to train employees for the
purpose of assisting new businesses and existing businesses in order to serve the
economic development needs of the entire valley. She noted that when a student receives
training from the program and is involved with a La Quinta business the City of La
Quinta is benefitted.
Mayor Pena advised that the City's participation was to be contingent upon participation
of a majority of the other cities in the valley to make it a truly regional program. The
only participants currently are the Cities of La Quinta, Palm Desert, Indio, Rancho
Mirage, and the County, which is not a majority.
In response to Council Member Sniff, Ms. Biondi agreed that it isn't equitable for a
regional program to be funded by a few participants and it wouldn't be economical on
a long-term basis. The initial seed-fund period is for the purpose of getting the Center
going with needed staff to be ready to deliver programs and assess the economic
development needs of the valley.
Council Member Sniff advised that some of t?he student records selected were not relative
to the benefit of the current program because they were from COD classes prior to the
beginning of this program. He asked if there were any plans to increase staff for
program expansion.
Ms. Biondi advised that it shouldn't be necessary to increase staff because the Center is
working with other organizations in the valley who also offer services to small
businesses. She is preparing an assessment to find Out what training programs are
offered by other organizations so that the Center's training is not redundant.
Mayor Pena referred to Terry Green's comments from the February, 1993 City Council
Minutes advising that the Center's intention was to offer a *?one stop shop" for someone
desiring to expand or create a business in the valley, allowing them to obtain each city's
municipal requirements and environmental controls. His concern was that the Center is
more of a training center than it is an information dissemination center.
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City Council Minutes 5 February 7.1995
Ms. Biondi advised that the information center is a small part of the Center's function.
The business community has indicated that their greatest need is training. The one stop
shop" portion of the program is where they work with new businesses and small business
owners; whereas with the workplace and contract education portion, they work with
existing employers with ten or more employees who need training for their workforce.
In response to Mayor Pejia, Ms. Biondi advised that she wasn't sure what had been done
to try to gain funding participation from the non-participating cities of the valley.
Council Member Sniff advised that he would support the program if he felt like it was
helping the businesses of La Quinta. He asked for a response from the Chamber of
Commerce to find out if they knew of any benefits received by La Quinta businesses.
Ms. Michelle Dallas, 51-351 Avenida Bermudas, Chamber of Commerce Director,
advised that the Chamber was a participant in a task force for the program upon its
initiation, but she hasn't kept up with the program. The Center was in a restructuring-
process at the last meeting she attended. She advised that she wasn't personally aware
of any La Quinta businesses that have benefitted directly from the program, but they very
well could have.
Council Member Sniff suggested the request be continued to allow more time for the
Center to provide additional information to the Council.
Council Member Perkins felt that the City should strongly evaluate the many funding
requests that they receive and determine if the programs are truly effective for the City.
He wasn't persuaded that the Center's program is benefitting the City and therefore, he
couldn't continue to support it.
Council Member Bangerter advised that she originally supported the program, but now
questions whether it is accomplishing its *ijiitial intention. She suggested polling the
City's businesses to find out if they are aware of the program and/or have used its
services. She, too, felt that funding requests require close evaluation to determine their
effectiveness and wasn't convinced that this program has been effective for the City.
Council Member Sniff concurred. As a strong supporter of the Chamber, he felt that the
$15,000 might be better utilized for local businesses through the local Chamber. He
didn't feel he could support the program any longer and suggested the request be denied.
Council Member Cathcart advised that he doesn't see any direct benefit to the City from
the program, but would like the opportunity to visit the Center and suggested a
continuance. As a local businessman, he hasn't heard about the program.
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City Council Minutes 6 February 7, 1995
MOTION It was moved by Council Members Sniff/Bangerter to continue the request
for funding from the Regional Business Assistance Center to February 21, 1995 to give
the Center time to present a persuasive argument and research material. Motion carried
unanimously. MINUTE ORDER NO.95-23.
3. REPORT OF ACTION BY THE PLANNING COMMISSION ON PLOT PLAN 94-
545 TO BUILD A 5,040 SQ. IT. RESTAURANT IN THE ONE-ELEVEN LA
QUINTA SHOPPING CENTER, 78-790 HIGHWAY 111. APPLICANT: SIMON
CHAN.
Mr. Herman, Community Development Director, presented a site plan and elevations for
the proposed Shangri La Restaurant to be located west of the Wal-Mart Center. He
advised that the Planning Cornmissjon approved the Plot Plan on January 31, 1995.
In response to Council Member Sniff, Mr. Herman advised that the restaurant has a flat
roof with a facade to hide mechanical equipment.
In response to Mayor Pena. Mr. Herman advised that the proposed sign conforms with
the shopping center's sign program and the building exterior matches the exterior of the
Center.
Mr. Simon Chan, 81-944 Highway 111, Indio, applicant, advised that the restaurant will
be serving asian cuisine. He currently operates the Pak Inn Restaurant in the City of
Indio.
Mr. Robert Ricciardi, 75-090 St. Charles Place, Suite A, Palm Desert, architect of
Ricciardi & Associates, advised that the building will conform with all the design
standards of the Center.
MOTION It was moved by Council Members Sniff/Bangerter to accept the report of
the Planning Commission on Plot Plan 94-545, a request to develop a 5,040 sq.ft.
commercial restaurant at 78-790 Highway 111, applicant: Simon Chan. Motion carried
unanimously. MINUTE ORDER NO.95-24.
4. CONSIDERATION OF AUTHORIZATION FOR THE MAYOR TO SIGN AN
AMENDMENT TO A PROFESSIONAL SERVICES CONTRACT WITH
ECONOMICS, INC. FOR AB 939 IMPLEMENTATION CONSULTING SERVICES
FOR 1995.
Mr. Herman, Community Development Director, advised that in December, 1993 the
City entered into a Professional Services Agreement with EcoNomics along with the
Cities of Rancho Mirage and Indian Wells. It has now been expanded to include
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City Council Minutes 7 February 7, 1995
Cathedral City Three of the four cities have lready entered into a contract with
EcoNomics to continue their AH 939 analysis. He advised that the cost of the amended
contract with EcoNomics is $46,740. In August or September 1995 the four cities will
begin an RFQ/RFP process for consultant services. This process will allow the cities to
determine if EcoNomics' rates are competitive and a new contract will be negotiated by
January 1996 with either EcoNomics or another consulting firm He reviewed some of
the programs implemented by the City through EcoNomics under their contract such as:
a City Hall recycling program, telephone book recycling, recycling workshops with the
business community, monitoring of City waste and recycling activities, preparation of
many County and State agency reports, and reviewing modifications to the City Code.
Mayor Pefia asked staff for an update on the status of AB 939 at the State level.
Mr. Baker, Principal Planner, advised that under AB 939 the City is still under a
mandate to reduce 25% of the wastestream by 1995, 50% by 2000, and have adequate
landfill space for 15 years The only change made by the State last year relative to AH
939 is the allowance of a good faith effort" for those cities who are close to their 25%
or 50% diversion goals and have recycling programs in place.
Mayor Pefia was concerned with extending the contract and asked if the same goals could
be accomplished in-house.
Mr. Baker felt that there are many key events and programs to undertake within the next
few years that will impact the City's success with AH 939 legislation and, although he
has learned a lot about the issue in coordinating the City's recycling and waste
management efforts, he is not an expert in solid waste management.
Council Member Sniff pointed out that the contract will be reviewed during budget
review and again in September.
Mr. Baker advised that the City is committed to the RFP process in September to test the
market for competitive consultant fees.
In response to Mayor Pefia, Mr. Baker advised that the purpose in waiting until
September to begin the RFP process is because staff felt that a two-year timeframe
working with the present consultant would be adequate time to evaluate the firm.
Mayor Pena suggested terminating the contract now and begin the RFP process
immediately.
Mr. Baker advised that the Cities of Rancho Mirage, Indian Wells, and Cathedral City
have already approved their contract with EcoNomics for 1995. An RFP process and
subsequent consultant contract will cost the City less through a cooperative effort than
it will if the City proceeds independently.
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Mr. Genovese, City Manager, advised that the proposed RFP process in September will
be a joint effort with the three other cities involved.
Council Member Perkins was concerned with the City being locked into a contract with
one consultant whose fees increased up to $47,000 and he didn't feel that the services
provided by the consultant were that impressive. He questioned the effectiveness of
some of the programs and wasn't sure that the City is getting the most for its money.
Since the contract cost is more than anticipated, he favored reviewing the competitiveness
of the cost now instead of waiting until September. He agreed that staff does need
assistance with AB 939 implementation.
Mayor Pefia asked if any of the services were being duplicated by the City's waste
hauler.
Mr. Baker advised that Waste Management of the Desert supplies monthly tonnage
reports, but not evaluation reports on curbside recycling nor suggestions on how to
increase residential participation.
In response to Council Member Perkins, Mr. Baker advised that the recent Household
Hazardous Waste Collection Program was sponsored by the County, but is not publicized
sufficiently to gain the amount of participation needed.
Council Member Bangerter was also concerned with the cost, but understood that the cost
would be higher if a consultant contract were negotiated separately from the other cities.
She looked forward to the RFP process to determine if our costs are in line with the
market.
Mr. Ed Kibbey, 77-564 Country Club Drive, Palm Desert, Building Industry
Association Desert Chapter, advised that the City of Palm Springs handles their own
recycling program without benefit of a corisultant and is far ahead of other cities in the
valley in meeting AB 939 diversion goals. They have an advisory committee consisting
of the waste hauler. city staff, and business and residential representatives who meet to
discuss their various recycling efforts and then make recommendations to the Council.
Ms. Patty Sommerville, 41-575 Eclectic, Palm Desert, representative of Waste
Management of the Desert, advised that they have a recycling coordinator on staff. She
believed that EcoNomics' services have been helpful because the cities had staff
reductions and the AH 939 mandates are a large responsibility. She advised that
EcoNomics has become a beneficial third party in the working relationship between
Waste Management and the four cities.
In response to Council Member Perkins, Ms. Sommerville advised that Waste
Management is capable of providing many of the same services provided by EcoNomics,
but can't predict what is going to happen in the valley during the next several years
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City Council Minutes 9 February 7, 1995
relative to solid waste issues. She advised that the County will be closing the Coachella
Landfill in March 1995 and Edom Hill Landfill in three to five years. As Waste
Management's markets expand, they are expanding their curbside and commercial
recycling programs to handle items such as telephone books and magazines. She hadn't
reviewed the contract with EcoNomics, but felt that Waste Management could provide
help on some of the items mentioned.
Council Member Perkins asked if they would be able to provide their expertise as
consultants to the City.
Ms. Sommerville advised that they have staff available who are knowledgeable on the
issues.
Council concurred on continuing Business Session Item Nos. 4 and 5 until after the
Consent Calendar) to allow Ms. Sommerville time to review the contract with
EcoNomics to determine if Waste Management would be able to provide the same
services to the City.
6. CONSIDERATION OF ADDITIONAL FUNDING FOR THE LEAGUE OF
CALIFORNIA CITIES PLANNING COMMISSIONER'S INSTITUTE
CONFERENCE IN MONTEREY IN MARCH.
Mr. Herman, Community Development Director, advised that on January 17th the
Council continued this matter and requested additional information from staff which is
provided within the staff report. He advised that $4,000 is the amount allotted for this
conference during the budget review, but additional funds could be transferred from the
contract services fund to provide funding for all Planning Commissioners to attend the
conference.
Council Member Perkins felt it's important that all Planning Commissioners attend this
conference because personal attendance is more effective than a verbal report from
others. He felt a person must attend and participate in a conference to fully appreciate
the benefit of it. He strongly urged the Council to approve the necessary funds to send
all of the Planning Commissioners who wish to go.
Council Member Cathcart asked for clarification that funds are available from another
fund and asked about the educational aspect of the conference.
Mr. Herman advised that the funds are available and the conference Is very educational.
In response to Council Member Sniff, Mr. Herman advised that all seven Commissioners
have indicated a desire to attend.
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MOTION It was moved by Council Members Sniff/Bangerter to authorize the
additional funding for the l-eague of California Cities Planning Commissioner's Institute
Conference in Monterey in March, 1995 and transfer the appropriate flinds. Motion
carried unanimously. MINUTE ORDER NO.95-25.
7. CONSIDERATION OF ADOPTION OF RESOLUTION AMENDING THE
PERSONNEL POLICIES AS IT RELATES TO ADMINISTRATIVE LEAVE AND
EXEMPT POSITIONS.
Mr. Hartung, Building & Safety Director, advised that the proposed amendment grants
40 hours of administrative leave for positions that presently don't receive administrative
leave nor comp-time.
In response to Council Member Perkins, Mr. Hartung advised that the request meets the
meet and confer?' requirements and the Association has no problem with the amendment
to the policy.
RESOLUTION NO.95-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING PERSONNEL SYSTEM RULES WITH REGARDS
TO ADMINISTRATIVE LEAVE AND EXEMPT CLASSIFICATIONS FOR
CERTAIN EMPLOYEE POSITIONS.
It was moved by Council Members SnifflCathcart to adopt Resolution No.95-04 as
submitted. Motion carried unanimously.
8. CONSIDERATION OF APPROVAL OF A SENIOR CENTER FACILITY-USE
POLICY AND ADOPTION OF A RESOLUTION ESTABLISHING A FEE
SCHEDULE.
Mrs. Juhola, Administrative Services Director, advised that the policy itself sets forth the
facilities and equipment available for rent, availability, application and approval process.
limitations and the general rules. Basically, no use can preempt a scheduled senior
activity under the Community Block Grant regulations with City uses having second
priority. Regarding fees, there is only one exemption built into the fee structure and that
is for fundraising activities sponsored by The Friends of the La Quinta Senior Center;
all other uses will be required to pay the adopted fees and deposits. Additionally, any
individual or organization not living in, nor based in La Quinta, will be required to pay
an additional surcharge.
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Mayor Pena questioned availability on holidays and Mr. Genovese advised that
applications for holiday use will be reviewed on a case-by-case basis.
Mayor Pefia referred to Section III, 4 and 5), regarding payment of fees and
cancellations and suggested that the cancellation policy be changed from five 5) days to
three 3) days.
Council Member Cathcart asked if there have been any problems with the reservation
policy for the Civic Center and Mr. Genovese advised not.
RESOLUTION NO.95-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, ADOPTING A I"EE SCHEDULE FOR USE OF THE LA QUINTA
SENIOR CENTER FACILITY.
It was moved by Council Members Sniff/Bangerter to adopt Resolution No.95-OS as
submitted. Motion carried unanimously.
9. TRANSMITTAL OF TREASURER'S REPORT FOR THE CITY OF LA QUINTA
AND THE LA QUINTA FINANCING AUTHORITY, DATED DECEMBER 31,
1994.
MOTION It was moved by Council Members Sniff/Bangerter to approve the
Treasurer's Report, da?d December 31, 1994, for the City of La Quinta. Motion
carried unanimously. MINUTE ORDER NO.95-26.
MOTION It was moved by Council Members Sniff/Bangerter to approve the
Treasurer's Report, dated December 31, 1994, for the La Quinta Financing Authority.
Mo?ion carried unanimously. MINUTE ORDER NO.95-27.
CONSENT CALENDAR
Mayor Pena asked that Item No.6 and the payment for Williams Development in Item No.1
be removed from the Consent Calendar.
Council Member Perkins asked that Item Nos. 2, 3, and 8 be removed from the Consent
Calendar for discussion.
1. APPROVAL OF DEMAND REGISTER DATED FEBRUARY 7, 1995.
2. APPROVAL OF CULTURAL AFFAIRS COMMISSION WORK PLAN.
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City Council Minutes 12 February 7,1995
3. APPROVAL OF REQUEST BY THE ROTARY CLUB OF LA QUINTA TO
UTILIZE THE COUNCIL CHAMBER FOR A 4-WAY" SPEECH CONTEST.
4. RIEIECTION OF CLAIM FOR DAMAGES FILED BY CHRISTINA GONZALEZ,
DATE OF LOSS, OCTOBER 20, 1994.
5. AUTHORIZATION OF OVERNIGHT TRAVEL FOR THE PUBLIC WORKS
DIRECTOR TO ATTEND THE ANNUAL LEAGUE OF CALIFORNIA CITIES
PUBLIC WORKS OFFICERS' INSTITUTE IN MONTEREY, CALIFORNIA,
MARCH 8-10, 1995.
6. APPROVAL OF OVERNIGHT TRAVEL FOR THE YOUTH ADVISORY
CHAIRPERSON TO ATTEND THE CPRS CONFERENCE.
7. APPROVAL OF OVERNIGHT TRAVEL FOR THE MAYOR TO ATTEND THE
NATIONAL LEAGUE OF CITIES CONFERENCE IN WASHINGTON, D.C.,
MARCH 11-14, 1995.
8. ADOPTION OF A RESOLUTION DIRECTING THE ENGINEER OF RECORD
TO PREPARE THE PRELIMINARY ENGINEER'S REPORT FOR LANDSCAPE
AND LIGHTING DISTRICT 89-1 FOR FISCAL YEAR 1995/96.
9. ACCEPTANCE OF PROJECT 92-6 LA QUINTA SENIOR CENTER
BUILDING.
10. ACCEPTANCE OF PROJECT 93-07 LA QUINTA SENIOR CENTER
SITEWORK.
11. APPROVAL OF AWARD OF CONTRACT STREET STRIPING PROGRAM.
12. APPROVAL OF AGREEMENT FOR STREET SWEEPING SERVICES.
MOTION It was moved by Council Members Sniff/Bangerter to approve the Consent
Calendar as amended. Motion carried unanimously. MINUTE ORDER NO.95-28.
MOTION- It was moved by Council Members Sniff/Cathcart to approve the payment
for Williams Development under Consent Calendar Item No. 1. Motion carried with
Mayor Pena ABSTAINING. MINUTE ORDER NO.95-29.
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City Council Minutes 13 February 7,1995
Re?ardin? Item No.2
Council Member Perkins understood that the purpose of the Cultural Affairs Commission
was to act as an umbrella organization working with existing cultural organizations. He
didn't believe they should be developing programs on their own.
Council Member Bangerter suggested that the item be continued to allow Council time
to review previous Council Minutes regarding the establishment of the Commission.
Council Member Perkins concurred.
Mr. Steve Berliner, member of Cultural Affairs Commission, understood that the
Commission was to work with existing cultural organizations and advance the City's
agenda, to sponsor further activities not being addressed by the other organizations.
MOTION It was moved by Council Members Sniff/Bangerter to continue the item
regarding the Culwral Affairs Commission Work Plan until February 21, 1995. Motion
carried unanimously. MINUTE ORDER NO.95-30.
Re?ardin? Item No.3
Council Member Perkins didn't have any problem with the Council Chamber being used
by community organizations. but felt that the policy of not allowing food and drink needs
to be looked at.
In response to Council Member Bangerter. Mr. Hattung advised that the applicant's use
request complies with the City's facility-use policies and procedures.
Mr. Genovese, City Manager, advised that the City's facility-use policy will be brought
back to Council for reView.
MOTION It was moved by Council Members Sniff/Bangerter to approve the facility-
use request by the La Quinta Rotary Club. Motion carried unanimously. MINUTE
ORDER NO.95-31.
Re?ardin? Item No.6
In response to Mayor Pena?, Ms. Francisco, Recreation Supervisor, advised that the
Youth Advisory member attending the conference is a minor and will be traveling alone.
However, Ms. Francisco said that she will be attending the conference as well and will
be staying in the same hotel as Ms. Bliss.
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MOTION It was moved by Council Members Sniff/Bangerter to authorize overnight
travel for the Youth Advisory Chairperson to attend the CPRS Conference. Motion
carried unanimously. MINUTE ORDER NO.95-32.
Re?ardin2 Item No.8
In response to Council Member Perkins, Mr. Cosper advised that no fees have been set
and public hearings will be held at a later date.
RESOLUTION NO.95-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA DIRECTING THE ENGINEER OF RECORD TO PREPARE THE
PRELIMINARY ENGINEER'S REPORT FOR LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT 89-1 FOR FISCAL YEAR 1995/96.
MOTION It was moved by Council Member Sniff and seconded by Mayor Pena to
adopt Resolution No.95-06 as submitted. Motion carried unanimously.
BUSINESS SESSION................continued
4. CONSIDERATION OF AUTHORIZATION FOR THE MAYOR TO SIGN AN
AMENDMENT TO A PROFESSIONAL SERVICES CONTRACT WITH
ECONOMICS, INC. FOR AB 939 IMPLEMENTATION CONSULTING SERVICES
FOR 1995. CONTINUED FROM EARLIER IN THE MEETING)
Ms. Sommerville, of Waste Management of the Desert, advised that she had briefly
reviewed the proposed contract with EcoNomics and it includes many programs that
Waste Management is not currently under contract with the City to do. They are capable
of providing some of the programs referred to in the contract such as school educational
videos, but not to the extent that the contract proposes. She referred to a proposal in the
contract on closing the loop" and advised that Waste Management is not involved with
advising the City on recycled product purchasing which this program involves.
In response to Mayor Pefia, Mr. Baker, Principal Planner, advised that the purpose of
the programs are to implement the City's adopted 1989 Source Reduction Recycling
Element. The State doesn't dictate specific programs, but leaves it up to each City to
determine which programs will achieve its mandated goals.
In response to Council Member Sniff, Ms. Sommerville advised that Waste Management
would have to hire an additional staff person to expand their services in the City to
include the same programs proposed in the contract with EcoNomics.
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City Council Minutes 15 February 7, 1995
Council Member Sniff felt that the City is being as cost-effective on this issue as possible
presently and should approve the contract, reviewing it again in August as recommended
by staff.
Council Member Sniff felt that the proposed contract will act as an umbrella to carry out
needed programs until the fall when the review process will determine further action.
Council Member Bangerter concurred.
Council Member Perkins asked why the contract cost increased.
Mr. Baker advised that most of the additional costs are due to City-specific projects such
as beginning a recycling project at the La Quinta Hotel and four additional large waste-
generating businesses. Additionally, a Senior Center recycling program will be
developed.
Council Member Perkins was concerned that the City is getting into the waste disposal
service instead of utilizing its Waste hauler.
In response to Mayor Pefla, Mr. Baker advised that the waste-diversion progress will
slow down if the programs are not implemented this year. The City has met its 1995
25% diversion goal, according to the State's formula for determining diversion rates, but
50% diversion by 2000 is going to be difficult to obtain.
Ms. Sommerville advised that Waste Management is considering developing a green-
waste recycling program and expanding their curbside commodity program. She viewed
EcoNomics' proposed programs to be enhancements to Waste Management's programs.
In response to Council Member Cathcart, Ms. Sommerville advised that Waste
Management will be better prepared in the fall to respond to the questions on recycling
programs.
Council Member Cathcart felt that the City is currently behind the curve" since the
contract is for the 1995 calendar year.
In response to Council Member Cathcart, Mr. Baker advised that the AB 939 fund is
based on tonnage at the landfill and the amount varies each year from $85,000 to
$90,000. He advised that the City does not expect a shortfall in the fund during 1995
as the only other fund expense is the salary for City staff support.
In response to Council Member Perkins, Mr. Herman advised that the purpose of the
request for funding is to continue with the current contract through 1995.
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City Council Minutes 16 February 7, 1995
MOTION It was moved by Council Members Sniff/Bangerter to authorize the Mayor
to sign an amendment to a Professional Services Contract with EcoNomics, Inc. for AB
939 implementation consulting services for 1995 in an amount not to exceed $46,740.
Motion carried with Mayor Pefia and Council Member Perkins voting NO. MINUTE
ORDER NO.95-33.
5. CONSIDERATION OF A RECOMMENDATION FROM THE MATERIAL
RECOVERY FACILITY MRF) TASK FORCE REGARDING CONSTRUCTION
OF A TRANSFER STATION.
Mr. Herman, Community Development Director, advised that the MRF Task Force was
formed by CVAG's Executive Committee early in 1994 to review and make
recommendations on the solid waste processing facilities needed in the valley. CVAG's
Executive Committee will be reviewing the MRF Task Force's report and
recommendations on February 27th. That report recommends that one mid-valley
transfer station is needed and should be a public/private partnership. He advised that,
if approved, that report will authorize the MRF Task Force to proceed with an RFP for
a transfer station and staff recommended that the Council accept the MRF Task Force
recommendation.
Council Member Perkins asked if the transfer station is proposed to be constructed near
the Interstate.
Mr. Baker, Principal Planner, advised that, ideally, the transfer station will be located
near the Interstate and railroad lines, but no specific site has been identified yet.
Council Member Perkins recommended that CVAG consider establishing a weigh scale
operation for trucks in conjunction with a transfer station if it is located near the
Interstate. He advised that weigh Stations generate funds and there are very few available
for public use.
Council Member Sniff believed it's imperative that the matter move forward and private
enterprise be encouraged to make several and diverse proposals. He felt it's conceivable
that private enterprise could undertake the entire project and believed that it's important
that the cities maximize that opportunity. He commented that with the Coachella landfill
closing and the Edom Hill landfill lifespan diminishing, it will be necessary to haul the
valley's trash long-distances and any opportunity to reduce those costs should be done.
MOTION It was moved by Council Members Sniff/Bangerter to approve the
recommendations of the MRF Task Force regarding the need for one mid-valley transfer
station, levelized haul cost concepts, and authorize the Task Force to proceed with a
Request for Proposals RFP) for a transfer station. Motion carried unanimously.
MINUTE ORDER NO.95-34.
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City Council Minutes 17 February 7, 1995
STU)Y SESSION
Mayor Pefia advised that Study Session Item No.2 would be moved ahead of Item No.1.
2. CONSIDERATION OF A REQUEST OF THE LA QUINTA CHAMBER OF
COMMERCE FOR A COMMERCIAL SIGN PROGRAM.
Mr. Herman, Community Development Director, advised that the Chamber of Commerce
has asked the City to allow a commercial directional-sign program for The Village. The
proposed sign program is similar in design to the BIA sign program. However, the City
Attorney has advised staff that the signs would be defined as off-premise' signs which
are prohibited in the City's sign ordinance and if granted. the sign ordinance will need
to be revised to allow them, which will open up the entire City for the placement of off-
premise? signs, i.e. billboards without any control of the sign content due to the First
Amendment Right to free speech) There is no basis for a variance to be granted to the
Chamber which would result in discrimination to other requests. He outlined three
proposed options: 1) allow a sign program which identifies the general identification of
restaurants, banks, etc.; 2) amend the sign program to permit off-premise?' signs
throughout the City; or 3) wait and discuss the issue as part of the Zoning Ordinance
update sometime in the spring.
Council Member Sniff asked if a sign program could be. area-specific.
Ms. Honeywell, City Attorney, advised that you can have additional sign regulations as
part of a Specific Plan, which The Village has, but if the City allows construction of a
sign in the public right-of-way it cannot effectively limit who can construct such a sign
there nor what it's content is.
Council Member Perkins confirmed with Mr. Herman that the current sign ordinance
allows the City to remove signs placed in the public right-of-way. He was opposed to
revising the ordinance to allow signs in the public right-of-way because of the many real
estate signs that will also have to be allowed.
Ms. Honeywell advised that the City cannot approve sign regulations that are Chamber-
specific. A generic sign that doesn't name specific businesses would not be considered
an off-premise' sign.
Mayor Pefia commented he sympathized with the Chamber's intent to help the businesses
and realized that the proposed program would be a good fund-raiser for the Chamber as
well. He was concerned that a revision of the City's sign ordinance would affect
everyone.
Council Member Sniff believed that the City should be innovative in finding a way to
assist the Chamber in this effort.
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City Council Minutes 18 February 7,1995
Council Member Cathcart wasn't sure that the proposed sign program is the answer to
the problem and isn't a big fan of the BIA signs. He felt that the Council should
consider whether or not the proposed sign program will have a real impact.
Council Member Sniff commented that businesses in The Village are scattered and are
very confusing to find. He felt they need assistance in providing directions to the public.
Mr. Genovese, City Manager. advised that staff is also concerned about the businesses
in The Village and their success. He advised that all options can be reviewed during a
review of the Specific Plan, Zoning Ordinance and Economic Development Plan.
Council Member Perkins didn't have a problem with signs that are generic and not
business-specific.
Ms. Michelle Dallas, Chamber of Commerce Director, advised that ten businesses within
The Village have indicated an interest in participating in the proposed sign program.
Any business that is a member of the Chamber of Comrnerce will be allowed to
participate in the program.
In response to Council Member Cathcart, Ms. Dallas advised that availability would be
on a first-come, first-served basis. All businesses participating in the program will be
on a annual contractual basis.
Council Member Sniff and Mayor Pena supported the effort and encouraged staff to
explore ways to assist the Chamber with their request.
Mayor Pejia suggested that the issue be reviewed through the Council's Chamber of
Commerce Sub-Committee, working with the Chamber and staff.
Ms. Honeywell advised that any-action taken by Council in this regard will require an
amendment to the Zoning Ordinance and suggested that it would be best to review the
issue in conjunction with the Zoning Ordinance review.
Mr. Dan Featheringill, representative of the Chamber of Commerce, asked if the
proposed signs could be handled in a similar manner as temporary flags or banners.
Ms. Honeywell advised that the proposed signs are permanent and not temporary and
therefore, do not fall under the same definition and regulation.
Council concurred on discussing the issue during the Zoning Ordinance update.
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City Council Minutes 19 February 7, 1995
1. LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT FEASIBILITY
REPORT.
Mr. Cosper, Public Works Director, advised Council that on November 1, 1994, the
Council approved a Professional Services Agreement with Berryman & Henigar
formerly BSI) to prepare a Feasibility Report that reviews assessment methods and
policies related to Landscape and Lighting Assessment District 89-1. The report
addressed three issues: 1) the current configuration of a Citywide Zone and three Local
Benefit Zones; Cove, PGA West, and North La Quinta; 2) an Equivalent Dwelling Unit
EDU) formula for vacant property; and 3) District revenue projections for the next five
years.
He reviewed the definition for Citywide and Local Benefit Zones advising that inclusion
of major thoroughfares" in a Citywide Zone will include many landscaped facilities
previously in special zones, transfer associated costs to a Citywide zone, which will all
but eliminate the need for special benefit zones. However, the City still needs to address
the need for Special Benefit Zones in North La Quinta because of the entrance medians
at five subdivisions in that area. Staff recommended that the related costs be distributed
to those subdivisions.
In response to Council Member Perkins, Mr. Cosper advised that Equivalent Dwelling
Units EDU) are the number of units a parcel of land would generate if the parcel is one
type of land use. One residential lot with one house is considered one EDU. EDU's on
commercial property are based on acreage.
Mr. Jeff Cooper, Assessment Engineer with Berryman & Henigar, reviewed the vacant
property EDU calculations. The Engineer's Report addresses two different types of
vacant land, residential and non-residential. EDU calculations for residential properties
haven't been a problem, but non-residential properties have because of the recent
annexations including large parcels of vacant land. Staff felt that the formula used for
calculating assessments on these large parcels is unfair. He reviewed examples of the
current parcel calculations and proposed calculations and recommended a 20-acre cap be
placed on the size of the non-residential parcels and how the formula applies to them,
which will make the formula more equitable for larger parcels.
Council supported the 20-acre cap.
Mr. Cosper presented a pie-graph indicating the impact of staff's recommendations on
the assessment district revenue. He reviewed the potential adjustments to the assessment
as follows:
* $35.00 Current EDU rate
* $ 4.67 If the special benefit zones are eliminated again this year
* $ 1.41 Scheduled improvements of $35,000 for 1995/96
* $10.51 If EDU's are adjusted on vacant land
$51.59 Proposed EDU rate FY 1995/96
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City Council Minutes 20 February 7, 1995
He advised that the proposed EDU rate will change to $43.00 if a 20-acre cap is
implemented.
He reviewed the revenue projections, based on EDU growth, and advised that revenue
is expected to near $1 million at the $35 EDU rate for 1995/96 and will increase slightly
for 1999/2000.
He advised that the report recommends: 1) approval of more specific definitions for the
Citywide and Special Benefit Zones relative to the major thoroughfares and localized
streets; 2) approval of assignment of future improvements; and 3) approval of the
revised method of calculating the EDU rate for vacant land, including the 20-acre cap.
He added that the Feasibility Report does not recommend adjustments to the assessments
fees presently.
In response to Mr. Genovese, City Manager, Mr. Cosper advised that the assessment will
increase from $35 to $43.38 if the 20-acre cap is approved and everything else remains
the same. The special zone assessments last year ranged from $8 to $22 in addition to
the Citywide assessment of $35.
Council recessed to and until the hour of 7:00 p.m.
7:00 P.M.
PUBLIC COMMENT
Mr. Mike Seems, 52-925 Avenida Bermudas, addressed the Council regarding a recent flooding
at the intersection of Eisenhower Drive and Washington Street which was caused by a pump
malfunctioning at Laguna De La Paz causing their lake to overflow. City employees and
equipment were used to pump the water from the street and he asked if Laguna De La Paz is
going to be expected to reimburse the City for these expenses.
Mayor Pena referred the matter to staff.
PUBLIC HEARINGS
1. WEED ABATEMENTS/LOT CLEANINGS AND PLACEMENT OF COSTS ON
THE 1995/96 TAX ROLLS:
A. INGALLS, MILDRED APN 773-29?013 $1S7.50
B. HOPKINS, DAVID APN 774-133-001 $375.00
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City Council Minutes 21 February 7, 1995
APN 774-133?02
C. ALl, MOHAMMAD APN 774-221-014 $187.50
D. EBBERT, ROBERT APN 774-114-015 $187.50
E. WHITELAW, MARION APN 773-302-016 $375.00
APN 773-302-017
F. BOCHNER, KIRK APN 773-182-004 $187.50
G. GUERRA, CHARLES APN 774-253-014 $187.50
H. THROCKMORTON/NOVAK APN 769-280-011 $2,000.00
I. FREEMAN, PEGGY APN 773-161-007 $187.50
J. GENERAL CONTRACT MGMT APN 773?85-001 $187.50
K. SAN FERNANDO SWAP APN 774-2814)19 $187.50
L. SAN FERNANDO SWAP APN 774-201-011 $187.50
M. PALM SPRINGS LA QUINTA DEV. APN 773-214-018 $187.50
N. MADAIO, RONALD APN 769-116-013 $375.00
APN 769-1164)14
Mr. Hartung, Building & Safety Director, advised that payment was received from
General Contract Management, owners of APN 773-085-001 so Item J should be
removed from the Resolution.
The Mayor declared the PUBLIC HEARING OPEN.
Mr. Bruce Tbrockmurton. 48-700 San Isidro. advised that irrigation pipes and a pipe
on the welihead were broken during the cleaning of his lot. The breaking of the
welihead pipe caused the pump to run continuously for over two weeks because he was
out of town and unaware of the problem. He felt that the City should have contacted
him by telephone to request him to clean his lot and should adjust the amount of his
abatement. He advised hat when he returned and found the pipes broken he contacted
the City, but the repairs to the irrigation pipe were improperly done and have nce
broken again.
In response o Mayor Pefia, Mr. Hartung advised that the Notice of Public Nuisance was
posted on the property and return-receipt abatement notices were mailed to Mr.
Throckmorton.
Mr. Throckrnorton admitted that the nuisance abatement problem was his, but felt that
the City should have tried harder to contact him because of the size of his parcel.
Mr. Hartung noted that the City did waive the 25% administrative fee because of the
large amount and suggested that this parcel be pulled from the agenda to allow staff time
to provide the Council with documentation regarding noticing.
In response to Council Member Perkins, Mr. Hartung advised that the weed abatement
was done by a contractor, but City staff worked two days to complete the repairs to the
broken pipes.
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City Council Minutes 22 February 7, 1995
Council concurred on removing Mr. Throckmorton's parcel from the Resolution for
further review.
There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING
CLOSED.
RESOLUTION NO.95-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, ASSESSING LIEN AND PROVIDING FOR COLLECTION ON
TAX ROLLS ON CERTAIN PROPERTY FOR COSTS OF ABATEMENT OF
PUBLIC NUISANCE.
It was moved by Council Members Sniff/Cathcart to adopt Resolution No.95-07 as
amended, removing Items H and J. Motion carried unanimously.
REPORTS AND INFORMATIONAL ITEMS
All reports were noted and filed.
DEPARTMENT REPORTS
Council Member Perkins advised that the C. V. Mosquito Abatement District is undertaking
vector control which should be effective in July, 1995.
Council recessed to Redevelopment Agency meeting.
Council reconvened to regular session.
JOINT MEETING WITH THE CITY OF INDIO CITY COUNCIL
The City Councils of La Quinta and Indlo adjouned to Closed Session for the following:
1. Confrrence with real property negotiator pursuant to Government Code Section
54956.8 regarding negotiations for proposed commercial development including price
and term of payment for property located at the southwest corner of Highway 111
and Jefferson Street Tim Ealey, negotiator for Midland Properties.
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City Council Minutes 23 February 7, 1995
Council reconvened with no action being taken
There being n() further business, the meeting was adjourned
R ectfully submitted,
AUNDRA L. JU OLA, City Clerk
City of La Quinta, California
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