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1994 06 21 CC Minutesl LA QUINTA CITY COUNCIL MINUTES JUNE 21,1994 Regular meeting of the La Quinta City Council was called to order at 3:00P.M. by Mayor Pena followed by the Pledge of Allegiance. PRESENT: Council Members Bangerter, McCartney, Perkins, Sniff, Mayor Pena ABSENT: None CONFIRMATION OF AGENDA Confirmed APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/Bangerter to approve the Minutes of May 10th. Motion carried with Council Member McCartney abstaining. MOTION It was moved by Council Members Sniff/Bangerter to approve the Minutes of June 7th. Motion carried unanimously. ANNOUNCEMENTS None PRESENTATIONS None PUBLIC COMMENT None WRITTEN CORRESPONDENCE a. Letter from County of Riverside re: meeting relative to County Service Area 152 on June 28th in Riverside and requesting representation from the City Council. Council concurred in sending a staff member to the subject meeting due to the special Council meeting scheduled for that date. BIB] 01-18-96-U01 03:43:07PM-U01 CCMIN062194-U02 lCity Council Minutes 2 1994 b. Proposal from the La Quinta Arts Foundation relative to use of City-owned property. Nancy Marks, out-going president of La Quinta Arts Foundation, expressed appreciation for the cooperation that has been existent between the Foundation and the City. Joan Foster, president-elect of La Quinta Arts Foundation, advised that for several years they have looked forward to expanding their facility and have it become a center for the arts and the City-owned property in The Village would be perfect for their facility. They are seeking conceptual agreement by the City Council and some staff support to move forward with this idea. Mayor Pena felt that it would be appropriate to refer the matter to staff and schedule it for a study session. At that time, the Council could have some staff input and analysis. Council Member Sniff believed that time is important and based on this excellent proposal, he urged the Council to indicate conceptual approval of the idea and to also instruct the City staff to move forward to determine its feasibility. He didn't feel that there was any point in scheduling it for a study session if a majority of the Council isn't in favor of endorsing the basic concept. Council Member McCartney felt that conceptually, the idea is long overdue. His question is size what will be needed ten years from now and how it will grow and in what phases. He didn't wish to see us create a center that is shoehorned into a space that we quickly outgrow in three to five years. He wished to see enough expansion capability built into it. He wasn't sure that the proposed site fits those expansion capabilities, but there may be additional sites that would work as well. He was in favor of as large and magnificent an art center as we can find. Council Member Bangerter expressed support of agendizing the matter for more in-depth discussion and moving forward. Carolyn Lair, Executive Director of La Quinta Arts Foundation, advised that the Foundation has recently changed its mission to cultivate and nurture the arts in the entire Coachella Valley. Therefore, Council Member McCartney's comments about size are important. As they develop the ideas about a cultural facility, they would be working with the other cities so that support and operation of the facility would be shared by a regional area. They also wish to design a model that is a mixed usage with a commercial aspect, so that it isn't a passive facility where people only come when specific events are occurring. The other important idea is that we try to embrace and act as an umbrella for the other art organizations. They are thinking of doing the project in phases so that fundraising does not become an overwhelming burden and that the Foundation be the lead BIB] 01-18-96-U01 03:43:07PM-U01 CCMIN062194-U02 l City Council Minutes 3 June21, 1994 agency in the find-raising activity. The reason they are attracted to this particular Site is because they are dedicated to the notion of The Village and would like to do something that would create a catalyst for the actual development of The Village. Council Member Perkins agreed that we need to make sure that the site is large enough for future needs and has expansion-capability. He felt that developing a phasing plan requires some study on the part of the Foundation and the City. He also wished to know how the other organizations are going to fit in and this is something else that could be discussed in a study session. He believed that there are a number of organizations that could fit into this, acknowledging that we need to have one organization spearheading the effort. He was in favor of the concept and felt that we should proceed and have it back to the Council for more detailed study as quickly as possible. Council Member Sniff stated that he was very much in favor of this proposal, which he felt is a bold move, and that we need to move forward with a determined effort because the only thing that is going to get The Village moving is a bold stroke and this is a bold stroke. Regarding the size of the property, it is very substantial and will accommodate a very large building and it has a strategic location. MOTION It was moved by Council Members Sniff/Bangerter to give conceptual approval to the proposal of the La Quinta Arts Foundation and direct appropriate City staff to determine its feasibility and to schedule a study session at an early date. Council Member Mccartney wished to make sure that we look at not just this site, but also other City-owned property. He noted that there is a lot of property available on the Civic Center site that would accommodate a building this size. Therefore, he wished to see both sites considered. Ms. Lair advised that they have already done an investigation into the Civic Center site and because of traffic and size, they believe that other site is more feasible. Council Member McCartney wished to see a focus on both sites because we don't want to get ourselves backed into a situation where we can't grow and expand and if it's going to be the success we want it to be and have regional impact, then we will need a lot of parking and thought needs to be given to pedestrian traffic. Council Member McCartney asked if the intent of the motion is directed to a study of the proposed site only and Council Member Sniff advised that it is. Council Member Perkins felt that other sites should also be looked at. Motion failed to carry with Council Members McCartney, Perkins and Mayor Pena voting NO. BIB] 01-18-96-U01 03:43:07PM-U01 CCMIN062194-U02 lCity Council Minutes 4 June21, 1994 John Walling, Arts Foundation Board Member, advised that they need to initially develop a program as to what will go on in the facility and until that is done you really cannot talk about a site. Once in a study session, these things can be determined. MOTION It was moved by Council Members PerkinslMcCartney that the City Council approve a concept of a La Quinta Center for the Arts and Culture and that this matter be referred back to the staff for a review of the recommended Site by the Arts Foundation and any other site that may be available or practical. Motion carried unanimously. MINUTE ORDER NO.94-144. BUSINESS SESSION CONSIDERATION OF SPECIAL ADVERTISING DEVICE 94-045 FOR APPROVAL OF SUBDIVISION FLAGS FOR LAGUNA DE LA PAZ?' ON EISENHOWER DRIVE WEST OF WASHINGTON STREET. Council Member Perkins abstained due to a conflict of interest and left the dais. Mr. Herman, Planning Director, advised that the request submitted by Laguna de Ia Paz is for six additional flags. They have previously been approved for four flags. The policy is to grant flags for six months with the opportunity for a six month extension. The permit for the previous four flags expires in August and the recommended conditions at this time is that this request also expire in August. MOTION It was moved by Council Members Sniff/Bangerter to approve Special Advertisin? Device 94-045 subject to the recommended findings and conditions of approval. Council Member McCartney advised that if the request is approved, it will bring a total of 71 flags flying in La Quinta during the last three months. Motion carried with Council Member Perkins absent and Council Member McCartney voting NO. MINUTE ORDER NO.94-145. 2. CONSIDERATION OF SPECIAL ADVERTISING DEVICE 94-046 FOR 20 FLAGS FOR THE STARLIGHT ESTATES PROJECT TRACT 23773-1. Mr. Herman, Planning Director, advised that Starlight Dunes has submitted an application for 20 flags. Sixteen of those flags will be along Fred Waring Drive behind the wall and four flags in front of the sales trailer near the corner of Fred Waring and Galaxy Drive. The permit would be for six months. BIB] 01-18-96-U01 03:43:07PM-U01 CCMIN062194-U02 lCity Council Minutes 5 June21, 1994 MOTION It was moved by Council Members Sniff/Bangerter to approve Special Advertising Device 94-046 permitting 20 flags for Starlight Dunes subject to recommended findings and conditions. Council Member McCartney advised that this request will bring the total number of flags in the City to 91 and we are in danger of being known as flags r us?. Motion carried with Council Member McCartney voting NO. MINUTE ORDER NO. 94-146. 3. REPORT OF PLANNING COMMISSION ACTION ON CONDITIONAL USE PERMIT 94-014 TO DEVELOP 90 SENIOR CITIZEN APARTMENTS, RECREATION BUILDING AND CARETAKERS UNIT LOCATED NORTH SIDE OF CALLE TAMPICO, EAST OF DESERT CLUB DRIVE. APPLICANT: LA QUINTA REDEVELOPMENT AGENCY/WILLIAMS DEVELOPMENT. Mr. Herman, Planning Director, advised that the subject CUP is for 90 rental units and one caretakers unit and a recreational facility. The complex is single-story, under 17' in height. It will provide 46 very-low-income units and 45 low-income units. The site is owned by the City and will be funded in part by the Redevelopment Agency. The current density is four to eight units per acre, which would permit a maximum of 74 units. However, the project is designed at a density of 9.7 units per acre with a density bonus of 1.7 Units per acre because it will provide affordable housing units for senior citizens. There are 1.5 parking spaces per unit. At the Planning Commission public hearing, no one spoke in opposition and the proposal was approved on a 5/0 vote. In response to Council Member McCartney, Mr. Herman advised that the proposed elementary school is located on the west side of the project just north of the existing medical complex). Council Member Perkins asked for clarification of the caretakers unit and Mr. Hertnan explained that it will be a living unit for an on-site manager. Council Member McCartney asked Council to consider having 20% of the units being made available to single parents because of the proximity of this project to the elementary school and also because there will be low and very-low-income units. He felt that because of the size of the units and proximity to the school, it would make good practical sense. He also commented that we don't know what the senior housing market is and if these units don't sell as quickly as possible, he wished to have the opportunity to increase the single-parent units to a higher percentage. BIB] 01-18-96-U01 03:43:07PM-U01 CCMIN062194-U02 lCity Council Minutes 6 June 21, 1994 Mrs. Williams, applicant, appreciated Council Member McCartney's concern, but they have done senior projects elsewhere in the valley and she had every confidence that they won t have any difficulty finding senior tenants. Last year in Palm Desert, they absorbed 72 senior units in 90 days. They are already receiving calls to be placed on a waiting list. She also commented that seniors and young families sometimes have a hard time mixing. Mayor Pena noted that this is a report of action and any changes would require the matter to be set for public hearing. MOTION It was moved by Council Members Bangerter/Sniff to accept the report of Planning Commission action on Conditional Use Permit 94-014. Motion carried unanimously. MINUTE ORDER NO.94-147. 4. REPORT OF PLANNING COMMISSION ACTION ON A REQUEST OF JERRY BOGAN FOR A PLOT PLAN PP-522) AND VARIANCE VAR 94-025) TO DEVELOP A TWO-STORY COMMERCIAL BUILDING ON 0.37 ACRES AT THE NORTHWEST CORNER OF DESERT CLUB DRIVE AND CALLE ESTADO. Mr. Herman, Planning Director, pointed out the location of the proposed project advising that it is at the northwest corner of Desert Club Drive and Calle Estado. It is a linear building adjacent to Anchovies consisting of 6,876 sq. ft. Parking is to the north adjacent to the alley. The architecture is Santa Fe and built of stucco with natural wood trim. The Planning Commission approved the applications on a 2-1-2 vote one no vote; one abstention and one absent). He also noted that there was no opposition at their public hearing. In response to Council Member McCartney, Mr. Herman advised that access to the parking lot will be off of Desert Club there is one-way in and one-way out. Mayor Pena felt that it's regretful that so much on-site parking is required and that we can't give more credit for off-site parking. Mr. Herman advised that this is an issue that will be taken up with the zoning ordinance amendments. MOTION It was moved by Council Members Sniff/Bangerter to accept the report of Planning Commission action on a request by Jerry Bogan for Plot Plan 94-522 and Variance 94-025 to develop a two-story commercial building on 0.3 acres at the northwest corner of Desert Club Drive and Calle Estado subject to the recommended findings and conditions. Motion carried unanimously. MINUTE ORDER NO.94-148. BIB] 01-18-96-U01 03:43:07PM-U01 CCMIN062194-U02 l City Council Minutes 7 June 21, 1994 5. CONSIDERATION OF SELECTION COMMITTEE'S RECOMMENDATION TO CONTRACT WITH MS. KIM EMERSON & MR. ALBER DEMATTEIS FOR ART AT FRITZ BURNS PARK IN AN AMOUNT NOT TO EXCEED $30,000. Mayor Pena abstained due to a conflict of interest and left the dais. Mr. Herman, Planning Director, advised that the Selection Committee interviewed three artists and determined that the team of Kim Emerson and Alber Dematteis should be hired to do the art work at Fritz Burns Park. Kim Emerson and Alber Dematteis, proceeded to detail the artwork proposed for the three spray towers located near the children's pool area, entry gate and decorative sidewalk. Council Members Bangerter and Sniff who served on the Selection Committee commented on the pleasure they had in working on this committee. MOTION It was moved by Council Members Sniff/Mccartney to authorize the City Manager to sign the contract with Alber DeMatteis and Kim Emerson in an amount not to exceed $30,000 from the Art in Public Places Fund. Motion carried with Mayor Pena absent. MINUTE ORDER NO.94-149. 6. CONSIDERATION OF ART IN PUBLIC PLACES COMMITTEE'S RECOMMENDATION TO DELAY INSTALLATION OF SCULPTURE BY MR. DE MARTINO FOR THREE TO SIX MONTHS. Mr. Herman, Planning Director, advised that the Civic Center art piece authorized to be designed by Mr. DeMartino was supposed to be delivered in June. However, the Art in Public Places Committee is concerned about the placement of the art given the surrounding area to the east of City Hall due to blow-sand and its effect on the sculpture and access to the sculpture. Therefore, they are recommending a delay of three to five months be granted. Mr. DeMartino has agreed to maintain the sculpture at his site in Anza. MOTION It was moved by Council Members Sniff/Bangerter to accept the recommendation of the Art in Public Places Committee to delay installation of the Civic Center sculpture by Mr. Louis DeMartino for three to five months. Motion carried unanimously. MINUTE ORDER NO.94-150. BIB] 01-18-96-U01 03:43:07PM-U01 CCMIN062194-U02 lCity Council Minutes 8 June21, 1994 7. CONSIDERATION OF LA QUINTA CHAMBER OF COMMERCE REQUEST FOR I'UNDING FOR FISCAL YEAR 1994/95 IN THE AMOUNT OF $155,000. Mrs. LiCalsi, Assistant to the City Manager, advised that the Council has received a proposal from the Chamber of Commerce which represents an increase of $5,000 from the prior year for the Mainstreet Marketplace and an increase of $10,000 to their basic service contract for a total request of $155,000. She noted that Council Members Bangerter and Sniff have met with Chamber representatives to discuss the proposal. Scott Dalecio, representing the Chamber of Commerce, advised that the biggest area of growth is the number of inquiries the Chamber receives on a regular basis and the amount of time they spend on it. They estimate that 2,000 hours were spent last year on these inquiries. He then commented on the development that's taking place in the City which requires more needs and a more pro-active Chamber. They are looking at increasing their level of funding in a variety of ways, but in order to continue with their level of services, they can't do it with their current revenue base. Regarding the Mainstreet Marketplace, they had some very good things happen with the Disney event and the long-term benefits derived from it. He also referred to the two new golf events that will be coming to La Quinta and the publicity that will be derived from it. Council Member Perkins commented on all of the requests for funding on this agenda which totals $265,000. He was supportive of each of these organizations, but was concerned about the organizations not represented here, such as the Community Concerts and questioned how these requests are being transmitted to the Council. Mayor Pena advised that staff submits the requests to the Council as they're received. He also noted that staff's recommendation on two of the items on this agenda is to refer them to the grant process. Council Member Sniff advised that the sub-committee was concerned about the amount of money being requested by various groups, but he felt that preferential treatrnent needs to be given to those that perform particularly important services with immediate value to the City. We've had a very long and strong relationship with the Chamber and they perform a number of services for the City that are of significant value and he felt that they probably are under-funded given their workload. However, he was concerned about the City's finances and we have to be careful about how we spend our money. Spending should be considered investments and he considered the Chamber an investment. He had difficulty supporting the full request for the additional monies and would like to see the Council fund the Chamber at $130,000 and $17,500 for the Mainstreet Marketplace, which is in effect, splitting the difference and yet giving them a substantial increase from last year. He commented on all of the requests the Council receives from worthy organizations and the difficulty in funding all of them and at times there has to be either BIB] 01-18-96-U01 03:43:07PM-U01 CCMIN062194-U02 l City Council Minutes 9 June21, 1994 ii noes" or comprimises. The Council's number one responsibility aside from public safety) is to make sure that we have significant fiscal health. Council Member Bangerter advised that that was the recommendation of the sub- committee, and that it was very difficult to turn down the full amount, but the City is in a position of having to be very cautious with funding. She wished to offer a great deal of support and appreciation for the Charnber. Council Member Perkins felt that in looking at requests, the Council must look at its budget and funds available. Therefore, he would support a modified amount. Council Member McCartney fully supported the Chamber's request as he felt that it's the best money that can be spent for the community and it helps the City in innumerable ways. We're only talking about a $7,500 difference and the value that's received from each dollar spent with the Chamber is of tremendous value to the City. He respected the sub-committee's recommendation, but he had to support the full request. He also noted that they do have plans to wean themselves away from the City. Mrs. LiCalsi advised that last year, the entire amount was completely funded by the Redevelopment Agency. Scott Dalecio, stated that the $10,000 might be sufficient to buy the Chamber one-half an employee to accommodate the needs being generated by the expansion of this community. He wondered what the goals of the City are in coordinating its own public relations program, business plan, etc., because if they're going to be responsible for those things, they require a certain level of funding. He concluded that he would not ask for more money than they need and also commented on the quality of the newsletter. Council Member Perkins felt that a 10 1/2% increase from last year is not reasonable with the economy the way it is. He has a great deal of respect for the Chamber they do a fantastic job, but he couldn't support full funding. MOTION It was moved by Council Members Sniff/Bangerter to approve a funding request by the La Quinta Chamber of Commerce in the amount of $130,000 plus $17,500 for the Mainstreet Marketplace with the service provided by the Chamber to be equal to FY 1993/94. Motion carried unanimously. MINUTE ORDER NO.94-151. Council Member Sniff suggested that a study session be scheduled to discuss how we wish to deal with promotions as it hasn't been discussed by the Council for some time. Council concurred. BIB] 01-18-96-U01 03:43:07PM-U01 CCMIN062194-U02 lCity Council Minutes 10 June 21, 1994 8. CONSIDERATION OF LA QUINTA ARTS FOUNDATION'S REQUEST FOR FNNDING FOR FISCAL YEAR 1994195 IN THE AMOUNT OF $50,000. Mrs. LiCalsi, Assistant to the City Manager, advised that the contract submitted by the La Quinta Arts Foundation is essentially the same as last year's and has been reviewed by the City Attorney. The total funding request is $50,000 which is at the same level requested last year. Staff recommends that once again, the funding be split between the City and La Quinta Redevelopment Agency. Carolyn Lair, Executive Director of the La Quinta Arts Foundation advised that even though their expenses to produce their two events are going UP and their revenues are leveling out, they're committed to trying to run themselves more effectively and finding more and new ways of generating revenue so that they have a zero increase in their budget this year. They hope to bring more people in from the coast for these two events and cormect up with the City and Chamber to see if they can increase the tax revenues. Council Member Perkins commented that the Foundation has done a great job in promoting some great events for the Coachella Valley. Council agreed. MOTION It was moved by Council Members Sniff/McCartney to direct staff to negotiate an agreement with the La Quinta Arts Foundation in the amount of $50,000 for FY 1994/95 and authorize the Mayor to sign the agreement providing for a service level equal to FY 1993/94. Motion carried unanimously. MINUTE ORDER NO.94-152. 9. CONSIDERATION OF FUNDING REQUEST FROM FOOD IN NEED OF DISTRIBUTION FIND) FOR FISCAL YEAR 1994/95 IN THE AMOUNT OF $10,000. Mrs. LiCalsi, Assistant to the City Manager, advised that FIND is requesting $10,000 in financial support for FY 1994/95. Currently, the City provides in-kind services to FIND by serving as a food distribution center at the Senior Center. Staff recommends that this request be deferred to the Community Services Grant funding process. John Preston, President of FIND, advised that this is the first time that FIND has requested funding of La Quinta. At the present time, there are 66 families being served through the Senior Center representing 180 people. All that is distributed there is USDA products and they are looking for a non-profit organization to take this program. They estimate that there are 120 families in La Quinta that need their support. They also know that in the home-bound program there are at least 100 people that could use food who cannot get Out and do their own shopping. Also, there are 160 head-start students in the BIB] 01-18-96-U01 03:43:07PM-U01 CCMIN062194-U02 lCity Council Minutes 11 June 21,1994 Desert Sands Unified School District representing 635 children that get supplies of diapers, toothbrushes, toothpaste, etc., On a routine basis as long as they can get them from the suppliers. FIND is responsible for 61 distribution sites in the Coachella Valley and last year they delivered in excess of $4 million pounds of food. This served 5,083 families on a monthly basis. They anticipated that this year, the need will increase 20% and the food available from donations will decrease 20%. Council Member McCartney asked if they don't get the $10,000 until September or October, how will that impact FIND. Mr. Preston advised that they can use the money anytime they can get it. Council Member Sniff commented that this is another worthy program and suggested that it be referred to the Community Services Grant process. MOTION It was moved by Council Members Sm.ff?Perkins to refer the request of Food in Need of Distribution FIND) to the Community Services Grant funding process. Motion carried with Council Member Bangerter voting NO. MINUTE ORDER NO. 9?153. 10. CONSIDERATION OF AGREEMENT WITH BIGHORN INSTITUTE AND FUNDING COMMITMENT FOR FISCAL YEAR 1994/95 IN THE AMOUNT OF $40,000. Mrs. LiCalsi. Assistant to the City Manager, advised that the Council first reviewed this request for funding from the Bighorn Institute last October, at which time Council requested additional information. That information has since been provided by the Institute and is included in the report submitted to Council. Also, included in the report, is a suggested agreement from the Institute; which has not received a detailed review by the City Attorney. Staff recommends that this request be referred to the Community Services Grant funding process. Jim DeForge? Executive Director of The Bighorn Institute, advised that the Bighorn provides a unique quality of life in the Coachella Valley. They are a non-profit organization looking into the cause of the decline of the Bighorn that is taking place in the Santa Rosas and they have focused much of their attention around this area. They are looking for regional support at this time. They have been supported by Rancho Mirage for the last five years last year they contributed $40,000. Council Member Sniff felt that this is a broad-based problem and that it should be approached that way in that funding requests should be made of all the valley cities and private organizations. BIB] 01-18-96-U01 03:43:07PM-U01 CCMIN062194-U02 lCity Council Minutes 12 June 21, 1994 Mr. De Forge advised that they are doing that at this time. They were turned down by the City of Indian Wells last year, but they will be approached again this year. MOTION It was moved by Council Members Sniff/Perkins to refer the request of the Bighorn Institute to the Community Services Grant funding process. Motion carried unanimously. MINUTE ORDER NO.94-154. 11. CONSIDERATION OF AMENDMENT TO MUNICIPAL CODE ADOPTING NEW COMPREHENSIVE REGULATORY PRACTICES FOR MULTI-CHANNEL SERVICE PROVIDERS. Mrs. LiCalsi, Assistant to the City Manager, advised that several months ago, the City Council contracted with the firm Municon to negotiate the new franchise agreement for cable television services. One of the first steps in the process being recommended by Municon is adoption of the regulatory ordinance. The ordinance submitted to Council was prepared by Municon and has been thoroughly reviewed by the City Attorney. It was sent to Colony CableVision prior to this meeting and they feel that the ordinance should be negotiated in conjunction with the franchise agreement. Ms. Honeywell, City Attorney, clarified that the ordinance before the Council is a multi- channel service provider ordinance and therefore, it covers any type of multi-channel service provider that might come into the City and wish to provide these services. So, it is not just limited to cable and it's extremely important that the City adopt its municipal code governing that type of service independently of negotiation with any particular multi-channel provider. This is a complicated ordinance and it was sent to Colony CableVision 2 1/2 weeks ago and they have contacted staff and asked that due to the press of new federal regulations, etc. they have not had sufficient opportunity to review and comment on the ordinance. Staff recommends that following all reports and coinments, that Council continue the item for action until July 19th. Larry Monroe. Chairman of Municon, advised that the concept of a multi-channel regulatory ordinance is key in that it is not technology specific; is not operator or company specific; and it is intended to be applicable to any and all operators regardless of who they are or what technology they employ. The ordinance is intended to establish the City's authority procedurally to protect the interest of the City and the public. It also creates a level playing field so that as other providers emerge we will have removed one of the largest road-blocks for competition that being the lack of a level playing-field in most communitieS. It was drafted within the context of State and Federal Law. Council Member McCartney asked if GTE decides to go into user telephone lines to deliver data services or media services of some kind would this ordinance be applicable to that kind of technology and if so, would we be able to receive a franchise fee from BIB] 01-18-96-U01 03:43:07PM-U01 CCMIN062194-U02 l City Council Minutes 13 June21, 1994 them. Mr. Monroe advised that there is currently legislation pending at the federal level and if the Senate version were to pass, then the answer to both questions would be yes" If the House Bill passes, then no one is quite sure it would depend on exactly the type of service GTE would be providing. Michael Hunt, President of Municon, stated that unless the federal government chooses to exclude GTE from the overall parameters of this, the City would have the right to regulate them to the same extent the City would regulate any other multi-channel provider such as Colony CableVision. The legislation is presently going forward and it's expected to be coming forward before the end of the sumrner. He believed that if legislation doesn't come out of Washington this year, it Won't for two more years. Mr. Monroe clarified that the House legislation would not preempt the City's right to regulate GTE in such a case, it would exclude them from franchising requirements. In further response to Council Member McCartney, Mr. Runt advised that direct broadcast satellite is currently to be regulated at this level, but in the 1992 cable act, there are provisions to deal with direct broadcast satellites, so it would be regulatable at a local level. However, the whole concept of regulating direct broadcast satellites has been challenged by cable operators and other multi-channel service providers and is presently in Court and he would advise the City not to jump into any regulations until it is shaken Out" in Court. Council Member Perkins asked if when we're talking about multi-channel service providers, are we talking about cable or wire could it be the telephone company coming in with a special service. Mr. Monroe advised that the telephone company could they claim that today they are technologically capable of it even though he disagrees because twisted pair does not deliver the same quality video. This ordinance, however, would regulate them if federal law doesn't prohibit it. Re advised that the definition of multi-channel service is provision of entertainment and information on a channel-by-channel basis as opposed to telephony. Steve Merritt, General Manager of Colony CableVision, 41-750 Cook Street, Palm Desert, had no comments on the ordinance stating that they have been totally consumed by compliance with new FCC guidelines. They will be happy to provide written cornments as soon as possible. One of the things that makes it difficult is the nature of the ordinance itself, which is all-encompassing and purports to involve many different technologies. He believed that the Council is being pushed forward ahead of legislation with bills pending in both the Rouse and the Senate. As stated in the staff report, the BIB] 01-18-96-U01 03:43:07PM-U01 CCMIN062194-U02 lCity Council Minutes 14 June 21, 1994 ordinance provides a foundation for compliance with the franchise agreement and there is no franchise agreement that has been negotiated as yet. He believed that the ordinance should reflect the needs of the community as well as the legislative objectives of the Council and business operating realities governing the conduct of multi-channel service providers. He was concerned that there hasn't been any community or business input. In response to Council Member Perkins, Mr. Merritt said he wished to see this matter continued until September. Ms. Honeywell, City Attorney, advised that Colony has a great interest in this issue in that negotiations of their contract have to be completed by the end of this calendar year or their agreement will expire and they will no longer have a franchise. She also noted that adoption of this ordinance will provide a foundation for us to complete the negotiations. Mr. Merritt commented that there really is no deadline as the Council is free to extend the contract at any time. Council Member Sniff believed that the Council needs to heed the advice of the City Attorney. Mayor Pena agreed to continuing the matter to July and if it's necessary to continue it further at that time, it can be done. Larry Monroe noted that one reason for not delaying adoption is that Congress has historically included grandfathering?' language in legislation and he wouldn't wish to see the City miss the opportunity for whatever grandfathering-in or regulations could occur. MOTION It was moved by Council Members Sniff/Bangerter to continue the matter of the new comprehensive cable ordinance to July 19, 1994. Motion carried unanimously. MINUTE ORDER NO.94-155. 12. CONSIDERATION OF EXTENSION OF A PROFESSIONAL SERVICES AGREEMENT WITH HARRIS & ASSOCIATES FOR CONSTRUCTION MANAGEMENT SERVICES ON THE SENIOR CENTER CONSTRUCTION PROJECT. Mr. Cosper, Public Works Director, recommended that the Council approve extension of the Harris & Associates contract for construction management on the senior center site in an amount of $32,500. BIB] 01-18-96-U01 03:43:07PM-U01 CCMIN062194-U02 l City Council Minutes 15 June 21,1994 MOTION It was moved by Council Members Sniff/McCartney to approve Amendment No.2 to Harris & Associates construction management contract for the senior center in an amount not to exceed $32,500. Motion carried unanimously. MINUTE ORDER NO.94-156. 13. CONSIDERATION OF AN AMENDMENT TO THE PROFESSIONAL SERVICE AGREEMENT WITH GROUP DELTA CONSULTANTS FOR PHASE II FORENSIC ENGINEERING SERVICES ON DESERT CLUB DRIVE AND AN EXTENSION OF EMPLOYMENT AGREEMENT WITH FRANK REYNOLDS TO PROVIDE PROJECT OVERSIGHT. Mr. Cosper, Public Works Director, briefly reviewed the history of this matter advising that in March 1994, the Council approved an agreement with Group Delta for Phase I forensic engineering services for non-destructive testing on Desert Club Drive. That testing has been completed and areas have been identified that need to be excavated to determine the reason for the sub-surface failures. Staff has negotiated a contract with Group Delta in an amount of $21,248, of which 50% would be picked up by CVWD. The other item is extension of an employment contract with Frank Reynolds to provide project oversight at an estimated cost of $3,000. Mayor Pena understood that Mr. Reynolds has entered into an employment agreement with CVWD as a consultant and asked if that would pose a conflict. Mr. Cosper suggested approving the agreement with Group Delta and continuing consideration of the agreement with Mr. Reynolds for two weeks to determine his status with the District. MOTION It was moved by Council Members Sniff/McCartney to approve the amendment to the professional services agreement with Group Delta consultants for Phase II forensic engineering services on Desert Club Drive in an amount of $10,624. Motion carried unanimously. MINUTE ORDER NO.94-157. MOTION It was moved by Council Members Sniff/McCartney to continue consideration of the employment agreement with Frank Reynolds until July 5, 1994. Motion carried unanimously. MINUTE ORDER NO.94-158. 14. CONSIDERATION OF CONCEPT OF SOLICITING ADVERTISING IN THE PARKS AND RECREATION BROCHURE. Mr. Bohlen, Parks and Recreation Director, advised that a common practice within parks BIB] 01-18-96-U01 03:43:07PM-U01 CCMIN062194-U02 lCity Council Minutes 16 June 21, 1994 and recreation services is to provide a brochure which advertises and markets the classes and programs being offered. Another common practice is to solicit advertising to off-set the cost of production. Ms. Honeywell, City Attorney, wished for the Council to be aware of First Amendment Rights because in doing this, the City is opening up a new public forum so anyone would have the right to come forward and request advertising if they pay the cost. In response to Council Member Bangerter, Ms. Honeywell suggested that criteria be adopted such as first-come, first-served noting that the policy cannot be content-based. MOTION It was moved by Council Members SnifflMcCartney to authorize staff to solicit advertising in the Parks and Recreation brochure and report back to Council with the results at an early date. Motion carried unanimously. MINUTE ORDER NO.94- 159. 15. CONSIDERATION OF AMENDMENT TO THE MUNICIPAL CODE ADDING SECTION 2.90 CREATING A HUMAN SERVICES COMMISSION AND DELETION OF SECTION 2.18- COMMUNITY SERVICES COMMISSION. Mr. Bohlen, Parks and Recreation Director, advised that on June 7th the Council considered creation of a Human Services Commission. At that time, Council made some suggestions, which have been incorporated in the proposed ordinance. MOTION It was moved by Council Members Sniff/Mccartney to take up Ordinance No. 250 by title and number only and waive lurther reading. Motion carried unanimously. ORDINANCE NO.250 AN ORDINANCE OF TIlE CITY COUNCIL OF TIlE CITY OF LA QUINTA, ESTABLISHING A HUMAN SERVICES COMMISSION. It was moved by Council Members Sniff/McCartney to introduce Ordinance No.250 on first reading. Motion carried by the following vote: AYES: Council Members Bangerter, Mccartney, Perkins, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None BIB] 01-18-96-U01 03:43:07PM-U01 CCMIN062194-U02 l City Council Minutes 17 June 21, 1994 16. CONSIDERATION OF APPOINTMENT TO VARIOUS This matter was acted upon at the June 20, 1994 Council Meeting. 17. SECOND READING OF ORDINANCES. ORDINANCE NO.249 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 9 OF THE LA QUINTA MUNICIPAL CODE REGARDING GUEST HOUSE SIZE IN RESIDENTIAL ZONES. CASE NO. ZONING ORDINANCE AMENDMENT 94-041. It was moved by Council Members Sniff/McCartney that Ordinance No.249 be adopted on second reading. Motion carried by the following vote: AYES: Council Member Bangerter, McCartney, Perkins, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED JUNE 21, 1994. 2. ACCEPTANCE OF INTERIM IMPROVEMENTS OF RESIDENTIAL STREETS IN WESTWARD HO AND INDIAN SPRINGS NEIGHBORHOOD PROJECT NO. 93-08. 3. APPROVAL OF SALES TAX CONSULTANT CONTRACT WITH HINDERLITER, DE LLAMAS & ASSOCIATES. MOTION It was moved by Council Members Sniff/McCartney that the Consent Calendar be approved as recommended. Motion carried unanimously. MINUTE ORDER NO.94-160. BIB] 01-18-96-U01 03:43:07PM-U01 CCMIN062194-U02 lCity Council Minutes 18 June 21, 1994 STUDY SESSION None Council recessed to Redevelopment Agency Meeting. CLOSED SESSION 1. Significant exposure to litigation pursuant to Governrnent Code Section 54956.9(b) three cases. 2. Conference with real property negotiator southwest corner of Highway 111 and Jefferson Street Midland Properties negotiations for proposal for comrnercial development including price, term of payment pursuant to Government Code Section 54956.8. 3. Conference with legal counsel existing litigation PriMerit Bank. 4. Public employee discipline/release pursuant to Government Code Section 54957. 5. Discussion of negotiations with the La Quinta City Employees Association pursuant to Government Code Section 54957 Meet and Confer process. Council recessed until 7:00 P.M. PUBLIC COMMENT None PRESENTATIONS None PUBLIC HEARINGS 1. PLOT PLAN 93-495 EXTENSION NO.1 APPEAL BY SIMON PLAZA REGARDING THE PLANNING COMMISSION'S APPROVAL OF A ONE-YEAR EXTENSION OF TIME FOR A PREVIOUSLY-APPROVED PROJECT ON 5.6+ ACRES ON HIGHWAY 111, EAST OF WASHINGTON STREET. Mr. Genovese, City Manager, asked that this public hearing be continued to August 2, 1994. MOTION It was moved by Council Members Sniff/Bangerter to continue the public hearing on the appeal of Plot Plan 93-495 until August 2, 1994. Motion carried unanimously. MINUTE ORDER NO.94-161. BIB] 01-18-96-U01 03:43:07PM-U01 CCMIN062194-U02 l City Council Minutes 19 June 21, 1994 2. ZONING ORDINANCE AMENDMENT 94-043 CONSIDERATION OF A ZONING ORDINANCE AMENDMENT TO ALLOW RECREATIONAL VEHICLE/TRAVEL TRAILER RESORTS. APPLICANT: CITY OF LA QUINTA. Mr. Herman, Planning Director, advised that the matter before the Council is a text amendment to the City's zoning ordinance which would allow recreational vehicles in the R-2 and R-3 zones. The number of spaces allowed in an RV park could be based upon the density of the under-lying property the density of the General Plan. As drafted, the ordinance does not permit tents or tent-trailers. During the Planning Commission public hearing, there was one person who spoke in opposition to the ordinance. He noted that there are two types of spaces allowed a 30-day space and a 180-day maximum. You cannot move from one space to another to extend the time-period. On a 4-0 vote, the Planning Commission recommended approval of the ordinance. Council Member McCartney referred to the height limitation of 13'6? and a requirement for a 6' decorative wall, and asked if that won't create a significant difference. Mr. Herman noted that there is a 20' set-back from the perimeter wall. For example, on Washington, there would be a 20' landscaped buffer, the wall and then a 20' set-back within the wall. If the project is adjacent to a residential subdivision, then the height of wall is extended to 7,. Mayor Pena noted that the Council has just received a letter from the applicant requesting the interior set-back be reduced. Council Member McCartney questioned if the 7' wall is sufficient along residential. In response to Council Member Bangerter, Mr. Herman advised that there is a requirement that the interior lights be turned out at 10:00 P.M. Council Member Bangerter expressed concern with the prohibition of generators because they would be needed in an emergency. Ms. Honeywell, City Attorney, advised that in the case of an emergency, the Council would have the ability under their emergency powers to determine what parts of the code would be suspended. Mayor Pena referred to the on-site storage area and questioned the screening requirements. Mr. Herman advised that they will have to submit their request, which would be processed as a plot plan. It would be required to be walled, or a combination of BIB] 01-18-96-U01 03:43:07PM-U01 CCMIN062194-U02 lCity Council Minutes 20 June 21, 1994 wall/landscaping. In flirther response to Mayor Pena, Mr. Herman advised that an on-site propane tank would not be allowed. Council Member Perkins referred to the on-site temporary storage and questioned what temporary" is. Ms. Honeywell advised that the intent is that the storage is not for someone who is not using the park it's meant for people who are there who want to store something such as a boat while they are there. She suggested that the Council may wish to limit the use of the storage area to use by people who are currently staying in the park. Council concurred. Council Member Sniff asked if the 30-days are intended to be consecutive" and how long do they have to be gone before they can return for another 30-days. Mr. Herman advised that the intent is for it to be consecutive". There are no parameters as to how long they have to be gone. Ms. Honeywell advised that they would have to become mobile. Council Member Sniff questioned the rationale. Ms. Honeywell advised that it also ties into the Transient Occupancy Tax and the ability to impose that tax on this type of use. Mayor Pena suggested that if there are no limitations, then it could become a trailer park" as opposed to an RV park. Council Member Sniff believed that many people like to leave their trailers year-round. He expressed concern about micro-managing this operation. The Mayor declared the PUBLIC HEARING OPEN. Joe Richards, applicant, supported the recommended standards except for the interior set-back from the wall. He understood the reason for it, but he felt that there is another way to deal with it. He felt that it's a line-of-site issue, which can be interrupted with wall, berms, and grade differentials between the street and the RV pad. They wish to use that along with the set-back and allow the set-back to be reduced to 10'. Robert Metkus, resident of La Quinta Highlands, spoke in opposition the proposed BIB] 01-18-96-U01 03:43:07PM-U01 CCMIN062194-U02 l City Council Minutes 21 June21, 1994 project. He commented on the line-of-site from the back of Highway 111 property. He felt that this is an inappropriate use on Washington. He was opposed to trailer parks in the City. Robert Tyler, 44-215 Villeta, felt that the mobile home park in his area is terrible, and it's ordinances like the one proposed that will prevent something like that from happening again in the future. This is not a trailer park ordinance, it deals with recreational vehicles and the scope of RV's run as much of $500,000-$600,000. This is a very well controlled way in which to allow RV parks in the City. Regarding the set-backs, he felt that if the same criteria is used as is used for residential developments we would have a better site-line situation. Regarding noise, people who use RV's tend to be older, retired people who go to bed early at night. He felt that this ordinance will set the frame-work for a quality park. There being no one else wishing to speak, the Mayor declared the PUBLIC REARING CLOSED. Council Member Sniff felt that this ordinance is a good idea. Some of the RV parks being built today are beautiful and they attract very nice retired people and increases our development possibilities. Regarding the set-backs, he felt that it's important to have a reasonable set-back and noted that the topography of the area would have an influence. He could support either the 10, or 20' on the interior set-back. Mayor Pena stated that if the interior set-back is reduced to 10' he would like to see the applicant have to demonstrate that RV's are screened from view due to grade differences, or by the use of landscaping, walls, and/or berms. Council Member McCartney felt that the sound problem would be sacrificed by reducing the set-back. He preferred to maintain the 20' set-back on the interior. Council Member Perkins felt that this will be an added attraction for the City it will help round-out the type of City that we are becoming. He had a problem with the requested 10' set-back. He supported the ordinance as is, with the 20' interior set-back. Council Member Bangerter stated that she could support the 10' set-back. Mayor Pena expressed concern with the proposed language because with grades as shown in the exhibits, you could actually get an undulation of the 20' set-back. It wouldn't always be uniform. Mr. Herman advised that they would always have to attempt to use a berm and wall combination to achieve the line of site as described in Exhibit C? submitted by the applicant. It could end up being 10' in some instances and 20' in others. BIB] 01-18-96-U01 03:43:07PM-U01 CCMIN062194-U02 lCity Council Minutes 22 June21, 1994 MOTION It was moved by Council Members Sniff/McCartney to take up Ordinance No. 251 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO.251 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 9 ZONING ORDINANCE), REGARDING RECREATIONAL VEHICLE/TRAVEL TRAILER RESORTS CASE NO. ZOA 94-043- CITY OF LA QUINTA. It was moved by Council Members Sniff/Mccartney that Ordinance No. 251 be introduced on first reading. Motion carried by the following vote: AYES: Council Members Bangerter, Mccartney, Perkins, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None 3. CHANGE OF ZONE 94-076 CONSIDERATION OF A CHANGE OF ZONE FROM C-P TO R-3 FOR 7.6 ACRES ON THE SOUTH SIDE OF MILES AVENUE, APPROXIMATELY 1,000 FEET EAST OF WASHINGTON STREET. APPLICANT: CITY OF LA QUINTA. Mr. Herman, Planning Director, advised that the request is to re-zone approximately 7.6 acres located on Miles approximately half-way between Adams and Washington. This property is currently zoned C-P, which was so designated when A. G. Spanos had a neighborhood commercial center surrounded by multi-housing units. He noted that the General Plan has since been redesignated from Commercial to a park site, thus eliminating the possible commercial use of the property. This change of zone will conform with the General Plan and facilitate a proposed recreational vehicle/driving range project. The Mayor declared the PUBLIC HEARING OPEN. There being no one wishing to speak, the PUBLIC HEARING WAS CLOSED. MOTION It was moved by Council Members Sniff/Perkins to take up Ordinance No. 252 by title and number only and waive further reading. Motion carried unanimously. BIB] 01-18-96-U01 03:43:07PM-U01 CCMIN062194-U02 lCity Council Minutes 23 June 21,1994 ORDINANCE NO.252 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY, BY REZONING CERTAIN PROPERTY REFERRED TO IN CHANGE OF ZONE 94- 076 AND CONFIRMING THE ENVIRONMENTAL DETERMINATION CASE NO CZ 94-076- THOMAS BIENEK. It was moved by Council Members Sniff/Bangerter to introduce Ordinance No.252 on first reading. Motion carried by the following vote: AYES: Council Members Bangerter, McCartney, Perkins, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None 4. REPORT OF PLANNING COMMISSION'S ACTION ON CUP 94-012 TO ALLOW CONSTRUCTION AND OPERATION OF A RECREATIONAL VEHICLE/TRAVEL TRAILER RESORT AND CUP 94-013 TO ALLOW CONSTRUCTION AND OPERATION OF A GOLF DRIVING RANGE AT THE SOUTHEAST CORNER OF WASHINGTON STREET AND MILES AVENUE. APPLICANT: THOMAS BIENEK. Mr. Herman, Planning Director, advised that there are two Conditional Use Permits before the Council. One is to permit a public driving range with the two-story building and 7? tees with a range of almost 300 yards. The second permit would allow construction of 356, non-resident RV spaces. Some of the amenities included are pools, spas, tennis courts and a putting green. The two-story commons building includes a golf shop, activities room, restaurant, outdoor patio, rental space and office areas. During the Planning Commission hearing, there was one person who spoke in opposition to the project and two spoke in favor. The Planning Commission added a condition to require modification of the driving-range lighting, should it prove to be unacceptable within one year. The concern was that it's difficult to judge the impact of the lighting until it's installed. The Planning Commission voted to approve the project on a 3/1 vote. In response to Council, Mr. Herman then described the driving-range netting and the proposed lighting, which has not been completely determined at this point, but should be directed straight down and shielded. Regarding the Planning Commission's decision regarding the lights, they can be reviewed by the City at any point within the first year. BIB] 01-18-96-U01 03:43:07PM-U01 CCMIN062194-U02 lCity Council Minutes 24 June21, 1994 Council Member McCartney commented that the two-story homes on Sealy in Acacia will be able to look unobstructed into this project. In referring to the condition, if any of the lights can be seen from these residences, would that qualify as requiring a modification at that point. Mr. Herman responded in the affirmative. Council Member McCartney wished for everyone to understand the standards, because these are existing residential properties residential across the street) and they have an unobstructed view. While they may not be present at this hearing, they will be here when the lights go through a modification process, if indeed that is required. Council Member Perkins suggested an ability to reduce their hours of operation, if it becomes a problem. Ms. Honeywell. City Attorney, suggested that if Council wishes to tightened Condition No.27, it could read that the determination of the lighting shall be done at the sole discretion of the Planning Director. Council Member Perkins asked if in the future, they wish to make changes or add lighting, will they be required to obtain City approval and Ms. Honeywell advised that they will. Mr. Herman noted that this is a report of Planning Commission and if the Council wishes to make modifications, it will be necessary to conduct a Council hearing. In response to Council Member Sniff, Mr. Herman advised that regarding parking, they are 84 spaces short; but the rationale was that the people staying in the RV park would be using the driving range as well. However, there is a condition that should parking become a problem, then the area in the upper right hand corner shall become parking area. In response to Council Member Sniff, Ms. Honeywell advised that Planning Commission Chairperson Harrows wasn't comfortable voting for the project in the absence of a defined lighting and landscape plan. Mr. Herman advised that both the lighting and landscape plans will have to go back to the Planning Commission prior to issuance of building permits. Regarding the nets, Mr. Herman advised that there will be 20-22 poles, 75, in height similar to power poles supporting the nets. Council concluded that there appears to be sufficient concern to schedule a public hearing. BIB] 01-18-96-U01 03:43:07PM-U01 CCMIN062194-U02 lCity Council Minutes 25 June21, 1994 Council Member McCartney wished to see the lighting and landscape plans up-front and wished to know the watts of the lights being proposed and what the watts of the lights are at the Sports Complex. Robert Tyler, was supportive of the application noting that the applicant had a number of meetings with surrounding neighborhoods. The lighting was a concern, but was addressed to the satisfaction of the surrounding residents. He noted that the new high school is also in the neighborhood and their lights will be on beyond 9:00 P.M. and he can also see the traffic lights within the area. He believed that this project is preferable to the previously approved project of 630 multi-family housing units. He agreed that the Council has to have a means of controlling the facilities within the park, but urged the Council not to be so restrictive that projects become economically unfeasible. Council concurred on scheduling the matter for July 19th. Council Member Perkins asked if a lighting and landscape plan can be completed by July 19th. Joe Richards, representing the applicant, advised that they are under a time constraint and proposed as an alternate, their proposal to the Planning Commission which was to submit a comprehensive lighting and landscaping plan to them and proposed that they put together a letter as to how they will implement the conditions and work through the process in that way. If it is set for public hearing, they will have the plans ready, but they preferred to be able to proceed without hearing. Ms. Honeywell, City Attorney, noted that until the zoning becomes effective, the CUP would not be effective, so the two would ultimately be running together by scheduling a public hearing on this matter. MOTION It was moved by Council Members Srnff?McCartney to schedule a public hearing on July 19th on Conditional Use Permits 94012 and 94-013 for an RV park. Motion carried unanimously. MINUTE ORDER NO.94-162. 5. CONSIDERATION OF FEE INCREASE FOR WASTE COLLECTION, LANDFILL DISPOSAL, LANDFILL CLOSURE, AND AB939 COMPLIANCE TO BE PLACED ON TAX ROLLS. Mr. Baker, Principal Planner, advised that the request of Waste Management of the Desert includes a 75% service rate increase and an increase of $4.00 per ton pass- through for the County landfill disposal and landfill closure costs and no increase of the $0.29 per household AB 939 compliance fee. BIB] 01-18-96-U01 03:43:07PM-U01 CCMIN062194-U02 lCity Council Minutes 26 June21, 1994 Mayor Pena expressed his opposition to the County passing on the landfill closure and tonnage charges to the cities and that he voted no" on it at the CVAG level because of the lack of foresight the County exhibited in this matter. He suggested that the City look at its requirement that contractors and some businesses being able to dump once each week. Council Member McCartney was concerned about the City not asking for an increase in the AB939 compliance issues when we really don't know where we stand on this issue insofar as the 25% diversion we're required to reach by 1995 we have to wait until our consultant comes in with a report. We may find that we have exceeded it, but if we're still far from that goal, he wasn't sure that $0.29 is going to do it. Regarding the administrative fee, he felt that the 10% administrative fee seems way out of line as to actual costs. He could support a 1% or 2% administrative fee increase, but not 10% without any justification. Relative to the landfills, the County has known for years at least since 1987) that they have leaking landfills, yet they've not taken any corrective action. Now that it's time for closure, they're coming to the cities to help with their problem. He would be surprise if they don't have to end up excavating that landfill to get to the root of the problem. He felt that we have to be real resistent to problems that aren't ours. Mr. Baker said that he did broach the matter with Waste Management and they responded that to deny the dump fee portion, they believe would be a breach of contract. Council Member Mccartney wished to at least reduce the administrative fee. Council Member Sniff supported a very strong letter as opposed to taking action. Mayor Pena felt that without knowing the justification, he didn't think he could arbitrarily reduce the fee. The Mayor declared the PUBLIC HEARING OPEN. There being no one wishing to speak, the PUBLIC HEARING WAS CLOSED. Council recessed while the City Attorney and City Manager reviewed the franchise with Waste Management to determine the City's latitude. Mr. Genovese, City Manager, advised that there appears to be the ability to eliminate the 10% administrative charge and the increase in the basic rate as the inflationary adjustment is discretionary. BIB] 01-18-96-U01 03:43:07PM-U01 CCMIN062194-U02 lCity Council Minutes 27 June 21, 1994 RESOLUTION NO.94-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING THE REPORT PRESCRIBING THE CHARGES FOR RESIDENTIAL PARCELS FOR CITY-FURNISHED REFUSE COLLECTION FOR 1994-95 AND DIRECTING THAT SUCH CHARGES BE COLLECTED ON THE TAX ROLLS. It was moved by Council Members McCartneylperkins to adopt Resolution No.94-42 as amended to eliminate the requested rate increase of 75% in the basic service rate and elimination of the 10% administrative charge. Council Member Perkins asked if this will cause a problem with the County. Ms. Honeywell did not see it causing a problem with the County, but Waste Management will more than likely complain. However, their franchise agreement simply says that they may request an increase in fees, but it doesn't say that there's any obligation on the part of the City to approve such a request. Council Member Sniff felt that the amount is so small and wasn't sure that the principal was that important. Motion failed to carry with Council Members Perkins, Sniff and Mayor Pena voting It was moved by Council Members Sniff/Bangerter to adopt Resolution No.94-42 as submitted. Motion carried with Council Member McCartney voting NO. DEPARTMENT REPORTS Mrs. Juhola, Administrative Services Director, advised that the staff is looking for direction as to the Council's summer calendar noting that last year. the Council canceled the second meeting in August and the first meeting in September. Council Member Sniff expressed concern about going so long without meeting. Council concurred on maintaining the same summer calendar as last year. BIB] 01-18-96-U01 03:43:07PM-U01 CCMIN062194-U02 lCity Council Minutes 28 June 21, 1994 MAYOR AND COUNCIL MEMBERS' ITEMS Council Member Perkins presented pictures of graffiti around town and also pictures of the trees in the WalMart parking lot. He also expressed concern about the parking of trailers, boats and cars for sale on the streets. He felt that we've done a lot of work in the Cove and now it's time to make sure that we're doing code enforcement. He believed that we need to have a property maintenance ordinance. There being no further business, the meeting was adjourned. submitted, SAUNDRA L 3?JUHOLA, City Clerk City of La Quinta, California BIB] 01-18-96-U01 03:43:07PM-U01 CCMIN062194-U02