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1997 01 21 CC Minutes-Y LA QUINTA CITY COUNCIL MINUTES January21, 1997 Regular meeting of the La Quinta City Council of January 21, 1997 was called to order at the hour of 3:00 p.m. by Mayor Holt, followed by the Pledge of Allegiance. PRESENT: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt ABSENT: None PUBLIC COMMENT None CONFIRMATION OF AGENDA Mrs. Juhola, City Clerk, asked that IBusiness Session Item No. 8 be continued to February 4,1997. Council Member Henderson asked that Consent Calendar Item No.5 be moved to Business Session Item No.13. Mayor Holt suggested that Study Session Item No 1 be continued to the Special Study Session on January 28, 1997 and Council concurred. MOTION It was moved by Council Members Sniff/Adolph to move Consent Calendar Item No.5 Downtown Village Directional Sign Program to Business Session Item No. 1 3, continue Business Session Item No. 8 Historical Preservation Commission Interviews) to February 4, 1997, and continue Study Session Item No. 1 Funding Alternajives for the Historical Society Museum) to the Special Study Session meeting of January 28, 1997. Motion carried unanimously. APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/Adolph to approve the City Council Minutes of December 10, 1996 as submitted. Motion carried unanimously. MOTION It was moved by Council Members Adolph/Sniff to approve the City Council Minutes of January 7, 1997 as submitted. Motion carried with Council Member Perkins ABSTAINING. ANNOUNCEMENTS None BIB] 02-05-1997-U01 08:18:41AM-U01 CCMIN-U02 01-U02 21-U02 1997-U02 -Y City Council Minutes 2 January 21 1997 PRESENTATIONS None WRITTEN CORRESPONDENCE LETTER FROM COACH ELLA VALLEY ARCHAEOLOGICAL SOCIETY REQUESTING USE OF CITY FACILITIES. Council concurred on referring this letter to the Historical Preservation Commission and to staff to research the City's policy on allowing sales within the Civic Center and the registration process. 2. LETTER FROM SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS SCAG) REQUESTING RESOLUTION ENDORSING CALIFORNIA FIRST LEGISLATIVE LEADERSHIP SUMMIT. Council concurred on directing staff to agendize this for February 4, 1997. BUSINESS SESSION CONSIDERATION OF PAYING OR MODIFYING THE FEE REGULATIONS PERTAINING TO THE PROCESSING OF FEES FOR A BED AND BREAKFAST CONDITIONAL USE PERMIT CUP) APPLICATION. Mr. Herman, Community Development Director, advised that on January 7, 1 997, Council directed staff to research financial options for assisting the applicant in the payment of fees for a bed and breakfast establishment application. He advised that since no rehabilitation will be done to the existing structure, redevelopment funds cannot be used for this project. The options available to Council are to: 1) prepare a Participation Agreement wherein the applicant would repay the loan over a period of time, 2) instruct staff to create a separate fund to pay such fees, 3) instruct staff to reduce the processing fees for bed and breakfast establishments by revising the current fee schedule, or 4) use the Special Contingency Fund to pay the application fee. Robert Tyler, 44-21 5 Villeta Drive, felt that the City should be a facilitator of loans between banks and businesses as opposed to entering the banking business. He was concerned that action on any of the options would set a precedent and felt that any action should be based solely on the potential merits of the request and not on the applicants' long-standing residency or political activity in the City. He questioned the seriousness of the venture and the likelihood of the City recovering its investment through the transient BIB] 02-05-1997-U01 08:18:41AM-U01 CCMIN-U02 01-U02 21-U02 1997-U02 -Y City Council Minutes 3 January 21,1997 occupancy tax and asked if the applicant has submitted a sound business plan or sought financial aid elsewhere such as the SBA. He urged the Council to deny the request. KaV Wolff, 77-227 Calle Ensenada, the applicant, spoke in support of Option No.3. She felt that small businesses such as this should be expected to pay reasonable" fees, but pointed out that the current fee is the same for all size businesses. She suggested that the fees as well as the review requirements be revised to accommodate small businesses and possibly eliminating the need for a public hearing. Council Member Henderson supported Option No.1. In reference to Option No.2, she hoped that the Citys intent was to eventually recover any fees that are waived or paid under an economic assistance program and in regard to Option No.3, she pointed out that the fee schedule was just recently revised. She asked if a CUP is required to which Mr. Herman responded yes, advising that the purpose of a CUP is to determine conformity of the proposed business with the surrounding neighborhood. In response to Mayor Hot, Mr. Herman advised that childcare facilities with 1-B children are permitted as a matter of right; facilities with 9-1 5 children are subject to staff approval upon notification of surrounding neighbors; facilities with 16 children or more must have a CUP as do bed and breakfast establishments. He advised that staff is looking at development standards for small bed and breakfast establishments under the zoning code revisions. Council Member Henderson felt that CUPs serve a purpose and it wouldnt be wise to eliminate them. She wasn't opposed to this particular project, but didn't feel that the City wishes to push for bed and breakfast establishments in residential neighborhoods by simplifying the process. Council Member Sniff felt that a precedent had already been set with approval of the Two Angels Inn and would, therefore, support Option No.1 with terms tailored to fit this particular situation. He would also support Option No.2 if modified to read......establish an amount that could be made available.....,0' but in reference to 9Option No.3, he saw no realistic need to revise the City's fee schedule. Council Member Adolph wished to see Option No.2 revised so that it would work, but would support Option No.1 in the meanwhile In response to Council Member Adolph, Mr. Herman advised that the applicants have contacted the County Health and Fire Departments in regard to their BIB] 02-05-1997-U01 08:18:41AM-U01 CCMIN-U02 01-U02 21-U02 1997-U02 -Y City Council Minutes 4 January 21 1997 requirements and staff anticipates no problem with proceeding with the application. Mayor Holt felt that Option No. 1 should be supported at the very least and wished to have Option No.2 brought back during a study session to discuss how the City can support small businesses through an economic assistance program as opposed to revising the fee schedule. MOTION It was moved by Council Members Sniff/Adolph to instruct the City Attorney to prepare a Participation Agreement with the owner Fred and Kay Wolff) that would allow assistance for the bed and breakfast facility; direct staff to look into the possibility of a Small Business Economic Assistance account for businesses that would generate income for the City and establish an amount that could be made available to any small businesses needing assistance to pay processing fees. Council Member Perkins advised that, although, the applicant has been very critical of him personally, he will support the motion because his responsibility is to support things that are in the best interest of the City. Motion carried unanimously. MINUTE ORDER NO.97-04. 2. CONSIDERATION OF A REQUEST FROM THE STUDENT CREATIVE RECYCLE ART PROGRAM SCRAP) GALLERY REQUESTING FINANCIAL ASSISTANCE. Mr. Herman, Community Development Director, advised that on December 3, 1 996, Council received a letter from Ms. Doris Mechanick on behalf of the Student Creative Recycle Art Program SCRAP) asking the City to allocate $10,000 for this program from its AB939 fund. He advised that SCRAP is an environmental and arts education program for children in grades K-8 in Riverside, San Bernardino, and Imperial Counties with emphasis on students in the Coachella Valley. There are no funds available in the AB939 Fund at this time as they have all been committed to other projects. Should the Council wish to support this program, funds would have to be allocated from the Special Projects Contingency Fund that has a current balance of $22,980 or from the General Fund Reserve Account. Doris Mechanick, 45-835 Pawnee Road, Indian Wells, Board Member Qf SCRAP, advised that 2,300 children, including students from La Quinta, have signed up for the program. She further advised that the Gallery is located at the lndio Fairgrounds and will be open during the Date Festival. She hoped BIB] 02-05-1997-U01 08:18:41AM-U01 CCMIN-U02 01-U02 21-U02 1997-U02 -Y City Council Minutes 15 January 21, 1997 that Council would consider using the General Fund to support this program since the AB939 funds have all been committed to other projects. In response to Council Member Adolph, Ms. Mechanick advised that Desert Sands Unified School District has approved the program. lndio, Indian Wells, and Rancho Mirage have each approved contributions to the program and they expect a contribution from Cathedral City as well. In response to Council Member Adolph, Karen RileV, Executive Director of SCRAP, advised that the materials used would otherwise go to the landfill and the art that is displayed in the Gallery is changed on a continual basis. In response to Council Member Sniff, Ms. Riley advised that selected manufacturers' scrap parts from skateboards, surf boards, clothing, etc. are used for the art and they work with local businesses to salvage trash for the program that would otherwise go to the landfill. Council Member Sniff asked if they were looking for some type of contractual relationship on an annual basis to which Ms. Mechanick responded yes. In response to Mayor Holt, Mr. Herman advised that he didn't know if there would be any AB939 funds available for the program next year. In response to Council Member Sniff, Ms. Mechanick advised that they are expanding their Board of Directors and will be looking for all participating cities to appoint a representative to their advisory council, noting that they wish to provide the educational component of the City's AB939 program. Council Member Sniff felt that it's important for the cities who provide financial support for this program, to have some meaningful role and business connection to the organization, pointing out that the program will need some type of continual financing. He felt that a program outline should be provided with some type of well-defined, written agreement so that the City knows what to expect and could deal with it as a potential budget item. Ms. Mechanick advised that they have an annual contract with Rancho Mirage and are willing to provide one for La Quinta. Council Member Henderson advised that she wholeheartedly supports the program and would support the City contributing materials for it. She asked if there were any plans to sell some of the art pieces to generate revenue. BIB] 02-05-1997-U01 08:18:41AM-U01 CCMIN-U02 01-U02 21-U02 1997-U02 -Y City Council Minutes 6 January 21, 1997 Ms. Mechanick advised that the children take their art pieces home in hopes of educating their families about recycling, but the organization intends to be as self-sufficient as possible by having fundraisers. Council Member Henderson advised that she has spent the last year trying to get a policy in place for such requests, but didn't feel that City funds should be used for this type of educational program. She couldn't support a contribution other than materials because she felt that that's the only way the program can help the City meet its AB939 goals. Council Member Perkins advised that he couldn't support using the Special Projects Contingency Fund or General Fund for this program and felt that it should be dealt with during the budget process. In response to Council Member Adolph, Mr. Herman advised that a contribution to this program could be budgeted next year from AB939 funds by reducing another AB939 program. Ms. Mechanick advised that they are looking for start-up funds at this time and will be seeking AB939 funds in the future Council Member Sniff felt that it's a worthwhile program and supported using the Emergency Reserve Fund for a contribution now and possibly AB939 funds next year. He wished to see a contractual arrangement developed on an annual basis so Council can determine annually if the program is functional and beneficial to the City. Mayor Holt supported the program and wished to see it discussed during the budget process for the purpose of including it in the AB939 funding. She was hesitant to use the Emergency Reserve Fund and suggested that $5,000 be allocated from the Special Prolects Contingency Fund. in response to Council Member Adolph, Ms. Mechanick advised that they plan to hold fundraisers and apply for grants to provide funding. Council Member Adolph advised that the City has its own financial obligations, but he would support some type of contribution. Council Member Henderson advised that she would support using any excess AB939 funds in the future for this program as long as it's part of the budget process. BIB] 02-05-1997-U01 08:18:41AM-U01 CCMIN-U02 01-U02 21-U02 1997-U02 -Y City Council Minutes 7 January 21, 1997 MOTION It was moved by Council Members Sniff/Adolph to direct staff to research this item Students Creative Recycle Art Program funding request) and consider it during the budget process utilizing AB939 funds for FY 97/98 and, further, at this time that the City make a one-time contribution from the Special Projects Contingency Fund of $2,500. Council Member Henderson wished the motion had been split, but advised that she would support it. Motion carried unanimously. MINUTE ORDER NO.97-05. Council concurred on taking up Business Session Item No.7 at this time. 7. CONSIDERATION OF REQUEST FROM LA QUINTA HIGH SCHOOL STUDENTS FOR FINANCIAL CONTRIBUTION FOR EUROPEAN TRIP. Mr. Weiss, Assistant City Manager, advised that on December 17, 1996, Council received a request for financial assistance from three La Quinta High School students who wish to participate in an educational tour of Europe, noting that one student has withdrawn her request The students are seeking reimbursement for their reservations through a contribution by the City and their own fundraising efforts. Erica Abarca, 50-735 Calle Quito, and Stephanie Webster, 51-295 Eisenhower Drive, felt that this would be a non-stop educational experience of a lifetime and advised that they've collected a total of $474 through various fundraising efforts and $675 through working.and from their parents, making a total of $1,109. The total cost of the trip for both students is $2,872, leaving a balance to pay of $1,763. In response to Mayor Holt, Miss. Abarca advised that a total of 1 2 La Quinta High School students are going on the trip. She stated that she and Miss Webster are willing to do community service work in appreciation of any donation from the City. n response to Council Member Sniff, Miss Abarca advised that the program is sponsored by the Social Studies Department and that the trip begins on March 27th. Council Member Adolph felt that the City set a precedent by not supporting a similar request in the past from a student going to Washington D.C. He advised, however, that he would make a personal contribution as he did for the BIB] 02-05-1997-U01 08:18:41AM-U01 CCMIN-U02 01-U02 21-U02 1997-U02 -Y City Council Minutes 8 January 21,1997 other student, including some foreign change he had left from his trip to Europe. Mayor Holt felt that any nominal contribution from the City should be given for the benefit of all of the students involved, letting those in charge of the trip determine which students need the assistance. Council Member Sniff agreed and advised that he would support a contribution of $1,000 from the Special Projects Contingency Fund. Council Member Perkins commented on the number of requests that the City has received from students at the high school and suggested that a contribution be made to a fund that the high school students determine how to use. Mayor Holt supported including that in the budget process. Council Member Henderson expressed continued concern about the lack of policy in such situations. She referred to Councils postponement of the wrestling teams financial request pending a joint meeting with the School District and noted that the band uniforms which the City contributed funds for will remain in the community for future use. She didn't feel that this request would be an appropriate use of City funds. Mayor Holt advised that she would support a contribution of $1,000. MOTION It was moved by Council Member Sniff/Mayor Holt to contribute $1 O0O from the Special Projects Contingency Fund for all of the La Quinta High School students planning a trip to Europe and for the school to determine the allocation of the monies and direct staff to include a fund for the high school during the budget process. Council Member Adolph advised that Mr. Gaffney, the La Quinta High School Principal, supports having a fund for the high school to allocate requests from. Council Member Perkins advised that he would support the motion, but also supports the proposal to establish a fund for school requests. Motion carried with Council Member Henderson voting NO. MINUTE ORDER NO.97-06. BIB] 02-05-1997-U01 08:18:41AM-U01 CCMIN-U02 01-U02 21-U02 1997-U02 -Y City Council Minutes 9 January 21 1997 3. CONSIDERATION OF THE COACHELLA VALLEY SOLID WASTE MANAGEMENT AUTHORITY JOINT POWERS AGREEMENT. Mr. Baker, Principal Planner, advised that the Final Report of the Transfer Station/MRF Task Force includes a Joint Powers Agreement JPA) for the Coachella Valley Solid Waste Management Authority, a life-cycle cost analysis, and an estimated impact of the project on refuse rates. He advised that no city funds would be committed to the project until after a vendor has been selected and that the two vendor finalists are BFI and Otto/Sexton. Staff recommended that the JPA be approved and that a representative and alternate be appointed to serve on the JPA Board of Directors. Council Member Sniff urged support of the agreement, believing it to be the most orderly, logical, and functional way for the City to deal with its solid waste problem. La Quinta is the first City to consider approval of the agreement. He pointed out that it requires no up-front commitment of funds, but an approval must be unconditional. It requires four entities to establish the JPA and it must be formed no later than March 1, 1997. Council Member Adolph pointed out that this is a major decision that will affect the entire City's future. He understood the need for a transfer station, but advised that he hasn't had sufficient time to discuss his concerns with appropriate staff since receiving his packet on Friday due to the three-day holiday. He was opposed to getting involved with the construction and operation of the transfer station because he felt that government shouldn't intervene in private enterprise. He was also concerned about not knowing the City's share of the costs and the possibility that La Quinta could end up with the largest share if lndio, Coachella, Palm Springs, Desert Hot Springs, and Palm Desert decide not to participate in the JPA as has been rumored. He questioned the reasoning in changing since the City already has the lowest trash-hauling costs in the valley and was concerned that trash rates would greatly increase if the other cities don't participate. He didn't want the City to end up in the same situation as San Diego County which has a facility that's not being used and asked to have a worst-case" scenario presented to Council so that they can make a proper decision. He referred to Council's previous concerns about tax increases and about not receiving adequate information such as with the SunLine energy proposal and felt that it's imperative for Council to have an opportunity to listen to all of the participants, noting that Palm Springs, lndio, and Coachella all feel that their programs are better than the proposed JPA. He also felt that the insights of the City's waste hauler should be heard and advised that he wouldn't support the agreement until his questions are answered and he knows what the costs to the City and tax payers will be. BIB] 02-05-1997-U01 08:18:41AM-U01 CCMIN-U02 01-U02 21-U02 1997-U02 -Y City Council Minutes 10 January21, 1997 Mayor Holt advised that she, too, was not prepared to approve this at the present time. She has many of the same concerns that Council Member Adolph has as well as concerns about the cost factors, particularly with the EIR, and about La Quinta being a small player in the JPA and not knowing who the other players will be. She felt that the City has other opportunities to consider. Council Member Sniff advised that there would be no small players because each member will have one vote. Mayor Holt advised that her reference was to the Citys trash tonnage, not the number of votes. Council Member Sniff advised that it takes a minimum of four entities to form the JPA, thus eliminating any danger of being in this alone. He further advised that Waste Management sat in on most of the meetings and submitted a proposal, but their proposal was not selected by the technical committee. It's still unknown which cities will or will not participate in the JPA. He pointed out that there are no other comprehensive, viable programs before the City to consider and that Palm Springs has indicated a need to send 30-40% of their material to this facility even if they move forward with the Bedminster project. He further advised that the JPA would be contracting out 98% of the process to private enterprise. Council Member Henderson noted that this report has been seen about four times during its various stages of preparation, but she was concerned about the possibility of the JPA having only one proposal to consider if one of the two finalists should pull out of the project. She asked if the JPA would be locked into the remaining bid should the other vendor pull out and if so, could the process go back to the Task Force instead of the JPA. Diana Beck, CVAG Planning Director, advised that BFI has gone through a reorganization, but have asked that they not be considered out of the process. The Task Force spent approximately six months negotiating the best possible contract with both of the vendors and they are both equally negotiated out. She advised, therefQre, that the JPA will have a valid contract to deal with and it wont be necessary to start over, adding that the Task Force felt that the JPA should make the final decision between the two vendors. She further advised that the proposed agreement has been reviewed by each City Attorney and has gone through several revisions. BIB] 02-05-1997-U01 08:18:41AM-U01 CCMIN-U02 01-U02 21-U02 1997-U02 -Y City Council Minutes 11 January 21,1997 Council Member Henderson agreed with the JPA awarding the contract, but was uncomfortable that they may have only one contract option to consider as their first order of business. In response to Council Member Henderson, Ms. Honeywell, City Attorney, advised that her concerns regarding the form of the agreement have been addressed. She advised that the *`assessment" referred to in the JPA refers to the Citys assessment to repay the bonds and is not the same kind of assessment referred to in Proposition 21 8. Mr. Genovese, City Manager, advised that there has been some representation that the bonds will be structured in such a manner that it will only be related to the assessments, but he felt that this should be addressed by the financial advisor on the project. Relative to Proposition 21 8, it may be necessary for Waste Management to change to direct billing for trash collection as opposed to the City handling it through the property tax bills. Council Member Henderson questioned if the City that provides the JPAs Controller/Treasurer position would be reimbursed. Council Member Perkins commented on the success of Culver City's facility and felt that one or more transfer stations will be needed in the valley in a reasonable amount of time and in a reasonable location. However, he was concerned about the increase in trash rates and not knowing which cities are going to participate in the JPA. He was surprised that the County hasnt already joined to set some level of confidence for the other entities. He realized that time is a critical factor, but wasn't prepared to vote until some of the questions are clarified and asked if there was a particular reason for setting March 1st as the deadline. Council Member Sniff advised that the Coachella Landfill will be closing within months, making it necessary to haul all of the trash to Edom Hill to which Cathedral City is opposed. In addition, approval of the environmental documents for the expansion of Edom Hill is unsure and theres also a restriction on the daily intake of trash at Edom Hill which could result in trucks being turned away from the gate with no place to dump their trash. He believed that trash rates will increase, but felt that this is the least expensive way to handle the situation, noting that hauling trash to landfills farther away would require the use of larger and less economical vehicles. He advised that Coachellas transfer station, should it be built, will be an open-air facility that is somewhat limited and the haul distance for some of the cities would deter it from being used. This proposal has levelization of costs which means that La Quinta will be somewhat subsidized by other cities and it calls for a mid- BIB] 02-05-1997-U01 08:18:41AM-U01 CCMIN-U02 01-U02 21-U02 1997-U02 -Y 4 City Council Minutes 12 January 21, 1997 valley location. If Coachella's facility is built, it may become a part of the overall system and provide a second transfer station for the valley. Council Member Perkins pointed out that La Quinta is most likely to be centrally located to the transfer station wherever its built in the valley. Ms. Beck advised that both the Coachella Landfill closure and the Edom Hill uncertainty are contributing factors to the March 1st deadline. It will take a minimum of six months to get financing in place once the JPA has been formed, and an additional 18 months to get the project through an environmental review and built. In response to Council Member Adolph, Ms. Beck advised that any participation by the County would include only the unincorporated area of the valley. Council Member Henderson noted that both vendor contracts are site specific. Council Member Perkins pointed out that under State legislation, the City could be penalized $10,000 per day if its trash going to the landfill isn't reduced 50% by the year 2000. Council Member Henderson noted that the State has been considering modification of that legislation. Ms. Beck advised that the JPA provides the opportunity for cities to add recycling capability to their current curb-side recycling program to assure that the City has flexibility in getting additional withholding of materials going to the landfill. Mayor Holt was uncomfortable about not knowing who the participants will be because that will partly determine La Quinta's share of costs for the EIR, etc. Ms. Beck advised that once a minimum of four entities decide to participate, the JPA will be able to meet and see who the participants are without any commitment of funds.. All further decisions and commitments will be made in incremental steps as set forth in the Final Report and any financial responsibility will be based on those commitments should any entity decide to withdraw from the JPA. Otherwise, all costs will be covered under the financing and the EIR costs will be covered under the tonnage fees. In response to Council Member Adolph, Cerene St. John, 1 30 S. Cedros Avenue, Suite 210, Solano Beach, Vice President of EcoNomics, Inc., advised that during approximately the first nine months, the City would not be BIB] 02-05-1997-U01 08:18:41AM-U01 CCMIN-U02 01-U02 21-U02 1997-U02 -Y City Council Minutes 13 January 21, 1997 responsible for any costs, but should all the JPA members pull out of the project after the vendor has begun his design work, then each member would be responsible for the costs they had committed to up to that time. The vendor will pay for the EIR once the contract is signed. She advised that each JPA member will have a good estimate of their share of costs once the number of participants are known and they'll have an exact cost once the financing is set because that information has to be specified in the bond issue. Tim Schaeffer, 2750 Bellflower Boulevard, Suite 201, Long Beach, financial consultant and Senior Vice President of Evensen Dodge Inc., advised that the costs contained in the staff report are the best estimates of the life-cycle costs or per ton charges over a 20-year period, not taking into account any residual value. The per ton charges consists of the bond debt costs and operational costs and these two costs are combined in the life-cycle cost analysis to provide a cost estimate for each member. The actual costs will depend on the interest rate at the time the money is borrowed and the amount of time that transpires between the JPA making the decision to move forward and the operation begins. The more participants there are in the JPA, the better the costs will be because the costs will be spread over a larger base and the JPA will have a greater financial leverage. In response to Council Member Perkins, Ms. Beck advised that approval of the agreement today would make La Quinta the first member of the JPA, but not the lead agency. Council Member Sniff pointed out that, although rumors exist, no entity has taken official action to not participate at this time. He further pointed out that the Council would be in control through each part of the process and would be able to withdraw at any time should they feel uncomfortable with the process. In response to Mayor Holt, Ms. Beck advised that costs estimates for two different size facilities are included in the Final Report: one at 750 tons per day for four or five participants and one at 1 0OO tons per day for all ten entities. One reason for setting a March 1st deadline was so that participants would know what size facility would be needed early in the process. She pointed out that, ultimately, trasI rates are going to increase for everyone once it becomes necessary to transfer the trash out of the valley due to the landfill closures. Mr. Genovese stated that there's no specific language in the JPA relating to the bond debt being tied to the tonnage, but he understood that when the bond documents are drafted, it will be related only to the garbage assessments and asked if there would be no General Fund exposure regardless of any changes in tonnages. BIB] 02-05-1997-U01 08:18:41AM-U01 CCMIN-U02 01-U02 21-U02 1997-U02 -Y CityCouncil Minutes 14 January 21, 1997 Mr. Schaeffer stated that his advice to the Task Force has been to not undertake financing that will compel any participant to expose their General Fund to pay the debt. The objective is to design the capturing of the revenue in such a manner that the users of the facility will have a financial recognition of the benefits and costs of the facility. He advised that each members' debt service will be based on its proportionate share of tonnage. In response to Mr. Genovese, Mr. Schaeffer advised that once debt has been issued, each remaining participant will be responsible for the duration of that debt. Should one of the participants be unable to pay their share of the debt, the remaining participants would be responsible for a marginal share of that debt. Mr. Genovese noted that one of the early concerns was that there be no exposure of the General Fund, but it's not addressed in the JPA and the only place that it will be addressed is in the bond documents. He was unsure what the City's responsibility would be as a member of the JPA should one of the participants be unable to pay their share of the debt service. Ms. Honeywell noted that there's a one-year notification requirement for withdrawal and questioned how that provision would relate should a participant wish to withdraw shortly before the debt is issued. Ms, Beck advised that such issues would need to be addressed by the JPA once it is formed. Council Member Adolph advised that he still has some questions and wished to have this continued for two weeks. Otherwise, he would have to vote against it. MOTION It was moved by Council Member Adolph/Mayor Hlt to continue the consideration of the Coachella Valley Solid Waste Management Authority to the next meeting of February 4, 1997. Mayor Holt advised that she also needed more time to review this. Council Member Perkins suggested that it be continued to January 28th for a yes or no vote only. Mayor Holt preferred a two-week continuance. Council Member Sniff was opposed to the continuance and felt that it should be voted on now and that La Quinta should be the first City to participate. BIB] 02-05-1997-U01 08:18:41AM-U01 CCMIN-U02 01-U02 21-U02 1997-U02 -Y City Council Minutes 15 January 21,1997 Council Member Perkins advised that he was prepared to vote, but would support the request for a continuance. Council Member Henderson advised that she, too, was prepared to vote and move forward with this, but would support the request to continue and understood that it would be for a yes or no vote only to which Councit concurred. Motion carried with Council Member Sniff voting NO. MINUTE ORDER NO.97- 07. Council concurred on taking up Business Session Item No.11 at this time. 11. CONSIDERATION OF UTILIZING THE PALM DESERT POST TO INFORM CITY RESIDENTS OF CITY ACTIVITIES. Mr. Weiss, Assistant City Manager, advised that on December 10, 1996, Council directed staff to investigate the possibility of using the Palm Desert Post as a supplementary, public information vehicle. He advised that the Post is delivered free each Thursday to approximately 3,000 homes n La Quinta and 500 are placed in newspaper racks, adding that the overall circulation is expected to increase to 4,000-4,500 in the near future. The Post will provide the City with Page 5 of the newspaper at a cost of $7.65 per inch or approximately $500 per page, contingent upon a six-month commitment. The page would consist of articles on La Quinta, including Planning Commission and City Council agendas, calendar of events, Civic Center phone numbers, and items of interest. Having a set structure for the page will provide more flexibility in regard to deadlines, possibly moving the deadline for materials from Monday to Tuesday. Staff asked for direction in regard to frequency of use and potential content should Council decide to utilize the Post for publications. Council Member Henderson noted that the staff report refers to a six-month commitment and asked if the Post would be willing to look at a five-month commitment through the end of the fiscal year to which Nino Ejlets, 45 Portola Drive, Palm Springs, Account Executive of the Desert Community Newspaper, responded yes. She wholeheartedly supported the concept on a weekly basis for a trial period through June 30th with a report back to Council at the end of April indicating any difficulty in supplying material for the page and any anticipation for needing additional staff to make it a successful program. BIB] 02-05-1997-U01 08:18:41AM-U01 CCMIN-U02 01-U02 21-U02 1997-U02 -Y City Council Minutes 18 January 21 1997 Council Member Perkins suggested that racks be used at guard gates when access to gated communities is not available and asked if delivery within gated communities would be done in conjunction with the Desert Sun delivery to which Mr. Ejlets responded yes, and that they would determine later this week how that would be done. In response to Council Member Perkins, Mr. Genovese, City Manager, advised that some of the material is already completed in-house on a regular basis and that it would be handled by the appropriate staff member. He advised that an abbreviated Council agenda with most major items, including public hearings, could be published in the Post, but the Desert Sun would continue to be utilized as well. Mayor Holt didn't feel that this should replace the newsletter and Council Member Perkins advised that he saw this as an additional" way to get information out to the public. Council Member Henderson viewed it as a way to report upcoming happenings whereas the newsletter reports things that have already happened. Council Member Adolph advised that he has spoken to people both inside and outside of gated communities and none of those inside were familiar with the Post and only 3 out of 15 outside were familiar with the paper. He was willing to support it on a six-month basis, but questioned how Council would know if it'S being read and whether or not it's a wise expenditure of funds. He suggested listing a phone number on the page for readers to call and let us know that it's being read. Council Member Perkins agreed and suggested that it be a special number that could be reached on a 24-hour basis. Council Member Henderson pointed out the inability to confirm that other means of communication are being read as well. She felt that some type of pre-push would be needed to let residents know about the new La Quinta section. Mr. Eilets advised that they would advertise the new section prior to its publication and place a bullet on the front page to direct readers to that section once it's published. Council Member Sniff was willing to support it for five months, but preferred a bi-weekly publication. He also questioned how its readership would be verified, who would select the topics and write the articles, and who would be BIB] 02-05-1997-U01 08:18:41AM-U01 CCMIN-U02 01-U02 21-U02 1997-U02 -Y City Council Minutes 17 January 21, 1997 responsible for assembling the material and getting it to the Post by the deadline. He viewed it only as a supplement and felt that in no way should it take the place of the Chamber newsletter. Mr. Genovese advised that he would be responsible for designating the staff person. Robert Tyler, 44-21 5 Villeta Drive asked if the Post has any problem placing their racks in markets to which Mr. Eilets responded no. MOTION It was moved by Council Members Perkins/Henderson to utilize the Palm Desert Post to inform residents of the Citys activities and direct staff to purchase a full page for five months on a weekly. basis as outlined by the Palm Desert Post to be funded from the Special Projects Contingency Account 101- 101-663-000). Council Member Sniff advised that he couldn't support taking that much money from the Special Projects Contingency Fund because it would deplete the account. Motion carried with Council Member Sniff voting NO. MINUTE ORDER NO.97- 08. Council concurred on taking up Business Session Item No.13 at this time. 13. CONSIDERATION OF A RESOLUTION DESIGNATING THE LA QUINTA CHAMBER OF COMMERCE AS THE ADMINISTRATOR OF THE DOWNTOWN VILLAGE DIRECTIONAL SIGN PROGRAM AND AUTHORIZE THE CITY MANAGER TO SIGN THE MEMORANDUM OF AGREEMENT MOA). Council Member Henderson wished to have wording from Section 9.160.080(G) of the ordinance used in the MOA to designate what kind of fees the business community would be charged to participate in the sign program. lts not addressed in the MOA and she felt that it was Council's intent that the program be readily and financially available to the business community. She also suggested that the sign locations be modified so as to have access to electricity and asked if the Landscape & Lighting Assessment District median power could be used. Council Member Adolph pointed out that solar power is also an option. BIB] 02-05-1997-U01 08:18:41AM-U01 CCMIN-U02 01-U02 21-U02 1997-U02 -Y City Council Minutes 18 January 21, 1997 Ms. Honeywell, City Attorney, didn't see any problem with using City lighting for the sign program since its an extension of a City-sponsored program. Council Member Henderson felt that lighting should be encouraged and wished to have it be a significant part in moving the program forward. She also questioned the inclusion of mutual agreement" in regard to vacant sign panels being available to the City. Mayor Holt pointed out that there could be times when a panel would be vacant only temporarily and available for City use on a limited basis. RESOLUTION NO.97-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AUTHORIZING AN AGREEMENT FOR THE LOCATION AND MANAGEMENT OF THE SEMI-PERMANENT DOWNTOWN VILLAGE DIRECTIONAL SIGN PROGRAM WITHIN THE ClTYS PUBLIC RIGHT-OF-WAY. It was moved by Council Members Sniff/Adolph to adopt Resolution No.97-02 as amended to include the language in Section 9.160.080(G) and instruct staff to pay the $100 encroachment fee from the Special Projects Contingency Account. Motion carried unanimously. Council recessed to Closed Session to and until the hour of 7:00 p.m. CLOSED SESSION 1. Conference with legal counsel regarding threatened litigation pursuant to Government Code Section 54956.9(B)(3)(f). 2. Conference with legal counsel regarding ongoing litigation Granite Construction, Case No. O8695, pursuant to Government Code Section 54956(a). 3. Conference with legal counsel pursuant to Government Code Section 54956.9(b)(3)(C) regarding potential litigation. 700P.M. PUBLIC COMMENT None BIB] 02-05-1997-U01 08:18:41AM-U01 CCMIN-U02 01-U02 21-U02 1997-U02 -Y City Council Minutes 19 January 21, 1997 PUBLIC HEARINGS ENVIRONMENTAL ASSESSMENT 96-328, SPECIFIC PLAN 96-028. CONDITIONAL USE PERMIT 96-029, TENTATIVE PARCEL MAP 28422, SITE DEVELOPMENT PERMIT 96-590 FOR MASTER-PLANNED COMMERCIAL DEVELOPMENT CONSISTING OF: 1) A FOOD MART/FUEL STATION; 2) AUTO-RELATED SERVICE/REPAIR, 3) SELF-STORAGE WAREHOUSING; AND 4) A COMPRESSED NATURAL CNG) FUELING FACILITY FOR USE BY DESERT SANDS UNIFIED SCHOOL DISTRICT TO BE LOCATED AT THE SOUTHEAST CORNER OF HIGHWAY 111 AND DUNE PALMS ROAD. APPLICANT: LAPIS ENERGY CORPORATION. Staff requested that this item be continued to February 4,1997 as noted in the staff report. MOVED It was moved by Council Members Sniff/Adolph to continue the applications of Laps Energy Corporation to February 4, 1997. Motion carried unanmousIy. MINUTE ORDER NO.97-09. 2. SITE DEVELOPMENT PERMIT 96-597 APPEAL BY MR. RICHARD LUMSDEN ET. AL. REQUESTING UNIT SIZES BE SIMILAR TO EXISTING AND PLANNED SIZES) OF A PLANNING COMMISSION ACTION THAT GRANTED COMPATIBILITY APPROVAL OF THE RYDER, HERITAGE, AND MASTERS COLLECTION UNITS FROM PGA WEST) TO BE BUILT IN THE CITRUS COURSE PROJECT LOCATED WEST OF JEFFERSON STREET AND NORTH OF AVENUE 52. APPLICANT: KSL LAND CORPORATION. The Mayor declared the PUBLIC HEARING OPEN. Ms. di lono, Planning Manager, presented staff report advising that the Planning Commission approved KSL Land Corporation's request to construct Ryder, Heritage and Master collection prototype units in the citrus course subdivision subject to conditions as submitted in the staff report. That approval was subsequently appealed by a Citrus Course landowner, Mr. Richard Lumsden, requesting that the new approved units be similar in size to adjacent existing residences and to sizes previously plotted under Tentative Tract 24890. taff recommended that the appeal be upheld with the following condition added to the conditions of approval: BIB] 02-05-1997-U01 08:18:41AM-U01 CCMIN-U02 01-U02 21-U02 1997-U02 -Y City Council Minutes 20 January 21 1997 With the exception of a model complex, sizes of new units constructed shall be no less than ten percent smaller than the smallest unit or ten percent larger than the largest previously designated for that lot. Designated residence sizes shall be based on the site plan approved under Tentative Tract 24890, on file in the Community Development Department." In response to Council Member Adolph, Ms. di lono advised that the City's compatibility ordinance does apply to gated communities, but the appellant is requesting that the compatibility issue be even more restrictive in nature, in that it should be more site specific to each individual area within the Citrus project. Richa Lumsden, 79-760 Tangelo Street, advised that the original subdivision map designated certain lots for certain size homes and they expect the original approval to continue to be honored and that the 10% compatibility rule be adhered to, Chevis Hosea, 56-140 PGA Boulevard, representing KSL, addressed the Council advising that they believe that to extend the compatibility ordinance to a lot by lot restriction is an undue extension of that ordinance. He advised that they are experiencing relatively good absorption with the home sizes they are proposing. Neitse Reed, 78-895 Lena Street, agreed with Mr. Lumsden's comments and added that something needs to be done about the entrance into the project on Avenue 52 as there is no need for it except for those residences and she felt that it could become a negative for the others. David Ingram, 79-790 Tangelo, advised that he and his wife did considerable research in determining where to buy because they didn't want a strict golfing or a week-end retreat type of community, but rather a residential community. He was concerned that the integrity of his neighborhood remain as it was represented when he bought into it. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED.' In response to Council Member Adolph, Mr. Herman advised that there have been some amendments to the Specific Plan as it relates to commercial, but not the residential. He then elaborated on the current, approved home sizes and their locations and what is now being proposed. BIB] 02-05-1997-U01 08:18:41AM-U01 CCMIN-U02 01-U02 21-U02 1997-U02 -Y City Council Minutes 21 January 21,1997 Council concurred that when an individual buys into a gated community they have the right to expect that the compatibility will continue, in that the basic architecture and size of units and lot sizes will basically remain the same. RESOLUTION NO.97-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT 96-597, SUBJECT TO CONDITIONS, PROVIDING COMPATIBILITY APPROVAL OF THE RYDER. HERITAGE, AND MASTER COLLECTION PROTOTYPE UNITS FOR CONSTRUCTION IN THE CITRUS COURSE SUBDIVISION. CASE NO. SDP 96- 597. APPLICANT: KSL LAND CORPORATION. It was moved by Council Members Sniff/Henderson that Resolution No.97-03 be adopted with the inclusion of the added condition as recommended by staff. Motion carried unanimously. 3. AMENDMENT TO TITLE 13 SUBDIVISION REGULATIONS) OF THE LA QUINTA MUNICIPAL CODE PERTAINING TO VARIOUS CHAPTERS THEREIN. The Mayor declared the PUBLIC HEARING OPEN. Ms. di lono, Planning Manager, outlined the staff report advising that during the past year while working with the new subdivision regulations, staff has identified some problems relating to various procedural aspects. The proposed revisions as outlined in the staff report are intended to address those problems and assure consistency with the recently adopted Zoning Code. There being no one wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. MOTION It was moved by Council Members Sniff/Henderson to take up Ordinance No.295 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO.295 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 13 SUBDIVISION REGULATIONS OF THE LA QUINTA MUNICIPAL CODE. CASE NO. MUNICIPAL CODE AMENDMENT 96- 051 CITY OF LA QUINTA. BIB] 02-05-1997-U01 08:18:41AM-U01 CCMIN-U02 01-U02 21-U02 1997-U02 -Y City Council Minutes 22 January 21, 1997 It was moved by Council Members Sniff/Adolph to introduce Ordinance No. 295 on first reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSTAIN: None ABSENT: None BUSINESS SESSION..................continued 4. CONSIDERATION OF THE PARKS & RECREATION COMMISSIONS RECOMMENDATION REGARDING THE PRIORITY LISTING OF THE POTENTIAL CITYWIDE PARK CAPITAL lMPROVEiflENT PROJECTS. Mr. Vogt, Public Works Director, advised that on December 17, 1 996, Council set aside $518,000 from the Citywide Park Capital Improvement Program for a pool at Fritz Burns Park and directed staff to pursue possible agreements for the operation and maintenance of the pool. This leaves a total of $146,597 to be used for other projects on the Parks & Recreation Commissions priority list of park improvements. He advised that sufficient funds remain to complete Project Nos. 1-5, 7, and 8 and pointed out that Project Nos. 6 and 11 are included in the pool project. He advised that the projects would be completed in order of priority as funds become available unless otherwise directed by Council. Council Member Adolph advised that he understood restrooms at Adams Park would be included on the list. Mr. Hartung, Building & Safety Director, advised that it was a consideration of the Parks & Recreation Commission, but they felt that there were some negative aspects to it and decided against it. In respo\se to Council Member Perkins, Dave Cosper, consultant with Berryman & Henigar, advised that the sewer lines in that area are adequate. However, the residents in the area were concerned that restrooms would attract outside users to the park and they wished to keep a neighborhood atmosphere. Council Member Perkins felt that having a small restroom there would complete the park. BIB] 02-05-1997-U01 08:18:41AM-U01 CCMIN-U02 01-U02 21-U02 1997-U02 -Y City Council Minutes 23 January 21, 1997 Mayor Holt asked what type of park the residents asked for during past discussions and Council Member Henderson recalled that they wanted a passive park. Mr. Cosper stated that the idea was, that because it's a neighborhood park, the children can walk home to use the restroom, unlike Fritz Burns Park where users would be driving to the facility. Council Member Henderson understood the concern, but felt that a small restroom would be beneficial. Mayor Holt was concerned that the residents in the neighborhood may still not want a restroom in the park, but Council Member Henderson pointed out that some of the residents have expressed a wish for restrooms within recent months. Council Member Perkins was concerned about how to keep the restroom from being used for other things such as child molestation and suggested using some type of time clock at night to keep it locked. Robert Tyler, 44-215 Villeta Drive, advised that most of the current residents in the area weren't there during past discussions and that they might feel differently about the situation now. Mayor Holt felt that installation of a restroom there should be facilitated if it'S the consensus of the neighborhood. Council Member Sniff agreed and didn't object to staff looking at the possibility of a small restroom, but pointed out that residents were adamant about having a passive park in the past. He wished to get some sense of how the current residents feel and suggested using the newsletter to find out. Mr. Vogt advised that Project Nos. 1-5, 7 and 8 total approximately $144,000 and that $60,000 is the cost of restroom. Council Member Sniff felt that the prioritized list is subject to change and that it's absolutely essential to have playground equipment at Fritz Burns Park. Council Member Henderson noted that $114,000 of the remaining funds is infrastructure fund monies. She agreed that the list is subject to change and felt that playground equipment is needed at Fritz Burns Park, but pointed out that Council recently approved artwork for the park that includes a slide and swings. BIB] 02-05-1997-U01 08:18:41AM-U01 CCMIN-U02 01-U02 21-U02 1997-U02 -Y CityCouncil Minutes 24 January21, 1997 In response to Council Member Perkins, Mr. Cosper advised that the playground equipment at Adams Park cost approximately $40,000 which included installation a lot of volunteer help was used), but not the surrounding concrete which increased the cost to over 50,0O0. Council Member Henderson felt that the tennis courts should be resurfaced and was willing to use the 1 14,000 in infrastructure funds providing a serious effort is made to find out how the residents near Adams Park feel about the restrooms and that the tennis courts are resurfaced and playground equipment is installed at Fritz Burns Park. Council Member Adolph asked if Coachella Valley Recreation & Park District CVRPD) have been asked to help fund the additional lighting at the Sports Complex. Mr. Genovese, City Manager, advised that a letter was sent to them in regard to any remaining funds they might have for improvements, but no response has been received. He wished to include the safety concerns about park restrooms in the staff report for the purpose of establishing a policy that can be used as the City grows. Council Member Perkins suggested using CVRPDs restroom plans from the Frances Hack Park. Mr. Vogt advised that a contract can be let for plans that are generic enough to be used in all City parks. Council Member Adolph felt the cost should be minimal for a restroom with two single compartments and Council Member Perkins advised that that's the size he had in mind. Council Member Sniff agreed that the funds should be used to resurface the tennis courts and to install playground equipment at Fritz Burns Park. He further agreed with having staff look into the costs of constructing a restroom facility at Adams Park and surveying the residents as to their current attitude toward such a facility. MOTION It was moved by Council Members Sniff/Henderson to prioritize the list of potential Citywide Park Capital Improvement Projects as follows: playground equipment at Fritz Burns Park, resurfacing of tennis courts, and to direct staff to explore the possibility costs, survey of residents, etc.) of restrooms at Adams Park. Motion carried unanimously. MINUTE ORDER NO. 97-10. BIB] 02-05-1997-U01 08:18:41AM-U01 CCMIN-U02 01-U02 21-U02 1997-U02 -Y City Council Minutes 25 January 21, 1997 5. CONSIDERATION OF AWARD OF A PROFESSIONAL SERVICES AGREEMENT FOR PAVEMENT MANAGEMENT STUDY. Mr. Vogt, Public Works Director, advised that on September 17, 1996, Council dpproved an FP for the preparation of a Pavement Management Study. After reviewing the proposals, the Selection Committee ranked Berryman & Henigar as the apparent number one firm and a contract was negotiated. The base proposal was $41,230.81, but staff recommended some additions to the contract with the first being in the amount of $21,950.15 for updating the City's Mapinfo Basemap and providing pavement condition survey training and pavement management software training. He advised that the Mapinfo Basemap has not been updated since its installation 2Y2 years ago. The second addition to the contract in the amount of $22,895.14 would include the residential streets in the project which was scheduled to be done at a later time, but it will be less expensive to include it with this contract. In response to Council Member Henderson, Mr. Vogt advised that inclusion of these additions in the base bid wouldnt have made any significant difference because the negotiations are based on the firm's highest paid salary, profit margin, and overhead. He confirmed that the PMS was estimated to cost $100,000, but would be completed for $86,076.10. In response to Council Member Adolph, Mr. Vogt advised that the GlSs smart- mapping capabilities will allow the condition of each sign to be indicated on the Mapinfo. Mr. Cosper, of Berryman & Henigar, advised that an actual inventory would be completed and the signs would be globally located on the Mapinfo which will allow staff to determine the condition of both the signs and pavement without having to physically drive out into the field. Pavement condition ratios will be assigned throughout the City which will help determine the City's strategy for future maintenance. In response to Council Member Sniff, Mr. Vogt advised that it will include all of the City's streets. BIB] 02-05-1997-U01 08:18:41AM-U01 CCMIN-U02 01-U02 21-U02 1997-U02 -Y City Council Minutes 26 January 21,1997 MOTION It was moved by Council Members Sniff/Adolph to award a Professional Services Contract to Berryman & Henigar for preparation of the Pavement Management System PMS) for the City of La Quinta in the amount of 86,076. 10 and authorize the transfer of funds in the amount of $18,076.10 from Public Works Administration, Capital Account No.101-451- 855-000, to Public Works Administration, Contract Services Account No. 101 451-609-000. Motion carried unanimously. MINUTE ORDER NO.97-li. 6. CONSIDERATION OF AMENDMENT TO CONTRACT WITH KORVE ENGINEERING TO INCREASE SCOPE OF SERVICES TO INCLUDE ADAMS STREET IMPROVEMENTS AT AVENUE 48 EXTENSION, PROJECT NO.96-05. MOTION It was moved by Council Members Henderson/Perkins to 1) approve the contract amendment with Korve Engineering in an amount not-to-exceed $48,580 to increase the contract scope of services to include necessary design improvements to the east side of Adams Street, from Avenue 48 to 2,500 feet nQrth; 2) approve a contract amendment in the amount of $48,910 for design of water and sewer improvements within Avenue 48 extension; and, 3) authorize the expenditure of $97,490 from RDA Project Area No.2 Low-Mod Housing Fund for the design of the facilities as described above. Motion carried unanimously. MINUTE ORDER NO.97-12. 8. INTERVIEW APPLICANTS FOR HISTORICAL PRESERVATION COMMISSION AND CONSIDERATION OF APPOINTMENT. This item was continued to February 4, 1997 see confirmation of agenda). 9. CONSIDERATION OF SPONSORSHIP OF THE LIVING FOR YOUR 90'S SENIOR INSPIRATION AWARDS AND SELECTION OF THE LA QUINTA HONOREE. MOTION It was moved by Council Members Sniff/Henderson to sponsor Fred Rice for the Living for Your 90's" Senior Inspiration Awards. Motion carried unanimously. MINUTE ORDER NO.97-13. MOTION It was moved by Council Members Sniff/Henderson to approve sponsorship of $500 for two tables. Motion carried unanimously. MINUTE ORDER NO.97-14. BIB] 02-05-1997-U01 08:18:41AM-U01 CCMIN-U02 01-U02 21-U02 1997-U02 -Y City Council Minutes 27 January 21,1997 1o* CONSIDERATION OF POLICY DIRECTION REGARDING THE PROVISION OF COUNTY FREE LIBRARY SERVICE IN LA QUINTA. Mr. Weiss, Assistant City Manager, advised that the staff report contains an outline of library issues for Councils consideration and noted that staff would be meeting with the County on January 22nd to discuss the Citys library services and Council Member Henderson is participating in similar discussions with the Desert Library Zone Advisory Board ZAB). He pointed Out the disparity between the amount of revenue the City contributes toward the library services 512,222) and the operating expenses of the La Quinta Branch Library $136,161). He advised that the County Free Library Advisory Committee report suggests that a branch library should be open five days a week, but recommends that La Quinta's library should be open a minimum of 28 hours a week. It further establishes a materials and facilities standard that La Quinta's branch falls significantly short in. Staff asked for direction prior to the upcoming meetings and noted that a number of potential objectives are contained in the staff report. Council Member Henderson wholeheartedly supported each of the items under Option No. 1, advising that she would feel very confident taking those recommendations to the ZAB meeting and was willing to support a change in Item C from 36 to 40 hours prior to beginning the negotiations. She advised that the ZAB would be meeting on January 29, 1997 at 8:30a.m. Council concurred with the recommendations and with changing 36 hours to 40. Council Member Adolph wished to get clarification on the loss of RDA monies should La Quinta pull oiit of the County Library System. Council Member Henderson advised that the County does not have to return the RDA monies. MOTION It was moved by Council Members Henderson/Sniff to accept the staff's recommendation of Option 1 A through H with a modification to C," changing 36 hours per week to 40 and direct staff to go forward with negotiations with the County. Motion carried unanimously. MINUTE ORDER NO.97-15. BIB] 02-05-1997-U01 08:18:41AM-U01 CCMIN-U02 01-U02 21-U02 1997-U02 -Y City Council Minutes 28 January 21, 1997 12. CONSIDERATION OF ADOPTION OF ORDINANCE RE-ENACTING AND RE- ADOPTING THE PROVISIONS OF THE LA QUINTA MUNICIPAL CODE AND INCORPORATING THE CITY CHARTER THEREIN. Ms. Honeywell, City Attorney, advised that the proposed ordinance will incorporate the Charter as the initial section of the Municipal Code and re-adopt the remainder of the Charter. MOTION It was moved by Council Members Sniff/Adolph to take up Ordinance No.296 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO.296 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, RE-ENACTING AND RE-ADOPTING THE PROVISIONS OF THE LA QUINTA MUNICIPAL CODE AND INCORPORATING THE CITY CHARTER THEREIN. It was moved by Council Members Sniff/Adolph to introduce Ordinance No. 296 on first reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSTAIN: None ABSENT: None CONSENT CALENDAR APPROVAL OF DEMAND REGISTER DATED JANUARY 21, 1997. 2. TRANSMITTAL OF TREASURY REPORT DATED NOVEMBER 30, 1996. 3. APPROVAL OF OVERNIGHT TRAVEL FOR THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO ATTEND THE LEAGUE OF CALIFORNIA CITIES PUBLIC WORKS OFFICERS INSTITUTE IN MONTEREY, MARCH 5-7.1997. 4. APPROVAL OF OVERNIGHT TRAVEL FOR THE PLANNING COMMISSION AND COMMUNITY DEVELOPMENT DIRECTOR TO ATTEND THE LEAGUE OF CALIFORNIA CITIES PLANNING COMMISSIONER'S INSTITUTE gN MONTEREY, MARCH 12-14, 1997. BIB] 02-05-1997-U01 08:18:41AM-U01 CCMIN-U02 01-U02 21-U02 1997-U02 -Y City Council Minutes 29 January 21, 1997 5. SEE BUSINESS SESSION ITEM NO.13. 6. ACCEPTANCE OF IMPROVEMENTS FOR PROJECT NO.96-10 SLURRY SEALIRESTRIPING PROGRAM AND AUTHORIZATION TO FILE NOTICE OF COMPLETION. 7. APPROVAL OF FINAL MAPS AND SUBDIVISION IMPROVEMENT AGREEMENTS FOR TRACTS 23773-2 AND 23773, STARLIGHT DUNES LLC. 8. AUTHORIZATION TO NEGOTIATE A CONTRACT FOR ASSESSMENT ENGINEERING TO PREPARE AN ENGINEER'S REPORT FOR THE FEASIBILITY STUDY OF THE PROPOSED LA QUINTA NORTE ASSESSMENT DISTRICT. MOTION It was moved by Council Members Sniff/Adolph to approve the Consent Calendar as recommended and amended. Motion carried unanimously. MINUTE ORDER NO. 97-16. STUDY SESSION 1. DISCUSSION OF FUNDING ALTERNATIVES FOR THE LA QUINTA HISTORICAL SOCIETY'S MUSEUM. This item was continued to January 28, 1997 see confirmation of agenda). REPORTS AND INFORMATIONAL ITEMS Palm Springs Desert Resorts Convention & Visitors Bureau/Airline Services Committe Mayor Holt distributed a report and noted that CVB exceeded all of their goals except one and she pointed out that high airfares is the reason why the desert area receives less convention bookings than other areas. The Airlines Task Force is working hard to attract more airlines to obtain a better airfare for the valley. Chamber of Commerce Workshop/Information Exchange Committee Council Member Henderson advised that a significant number of people attended the meeting of January 17th which she felt was an extremely informative meeting. She stated that Tom Levy, of CVWD, advised of some fee reductions and she felt that a better understanding was reached between the Chamber and CVWD regarding the fee structure. Art in Public Places Commission Minutes In response to Council Member Henderson, Mr. Herman, Community Development Director, advised that the retainers BIB] 02-05-1997-U01 08:18:41AM-U01 CCMIN-U02 01-U02 21-U02 1997-U02 -Y City Council Minutes 30 January 21, 1997 referred to in the Minutes are the estimated payments for the installation of the gate artwork that is yet to be installed at Fritz Burns Park. All other reports were noted and filed. DEPARTMENT REPORTS A-i. AGENDA ITEMS FOR SPECIAL STUDY SESSION. Council Member Henderson wished to Include a discussion about a potential intra-city bus service on the Special Study Session agenda for January 28th. Council concurred. F-i. TRANSMITTAL OF THE REVENUE & EXPENDITURES REPORT DATED NOVEMBER 30.1996 FOR THE CITY OF LA QUINTA AND LA QUINTA FINANCING AUTHORITY. In response to Council Member Henderson, Mr. Falconer, Finance Director, advised that the CSA1 52 funds received last July were for the previous year and that this year's funding would not be received until July 1997. He advised that he didn't know what the effective date is of the dissolution. Council Member Henderson asked where those funds are directed and would the City be looking to augment it through some type of assessment since the County has disbanded the CSA. Mr. Genovese, City Manager, advised that that would be a component of the Proposition 218 discussions. Mr. Falconer advised that currently it's used for street-sweeping and water run- off control. It's a FederaIIy-program that will need to be set up to comply with the mandate. He advised that other cities in the valley are in the same situation and they will all need to get together to come up with a cost- effective way to collect the funds to proceed with the program. MOTION It was moved by Council Members Sniff/Henderson to receive and file the Revenue & Expenditures Report dated November 30, 1 996. Motion carried unanimously. MINUTE ORDER NO.97-17. BIB] 02-05-1997-U01 08:18:41AM-U01 CCMIN-U02 01-U02 21-U02 1997-U02 -Y City Council Minutes 31 January 21, 1997 MAYOR AND COUNCIL MEMBERS ITEMS DISCUSSION REGARDING A CONTRIBUTION TO TRUST FUNDS FOR FAMILIES OF DEPUTIES RECENTLY KILLED IN THE LINE OF DUTY. Council Member Sniff referred to the recent tragedy in which two Riverside County Sheriff's Deputies were killed while in the line of duty and advised that trust funds have been established for these families and felt that it would be appropriate for this Council, representing the people of La Quinta, to contribute to these funds in a meaningful way. He requested that $3,000 be contributed to each of the two trust funds from the Council's Special Projects Contingency Fund. Council Member Henderson advised that personally, these two families have her help, her sympathy and heartfelt compassion. She advised that each of these families will receive $140,000 from the Federal Government and will also receive a substantial amount 75%) of the Officers' salaries and $160,000 in Worker's Compensation benefits payable on a monthly basis), along with medical insurance. She maintained that taxpayers dollars need to remain in La Quinta and to that end, she supported setting up a trust fund in that would be payable to any law enforcement officer or any fire department officer killed or permanently disabled while on duty in the City of La Quinta. Beyond that, she wasn't comfortable supporting anything further than that. Council Member Perkins stated that he and Council Member Sniff previously discussed this and he was supportive of the idea, but has since thought more about it. He was convinced that the families are going to be taken care of financially. He understands that Council Member Sniff wished to show support for the families. He supported the establishment of a trust fund in the name of these two officers for law enforcement officers and firemen killed or permanently disabled in La Quinta. He commented on the number of law enforcement officers being killed in the line of duty and asked where the line would be drawn. If he thought that the families would suffer financially, he would be thinking differently, but he felt that a continuing memorial named for these two deputies, to be added to each year) would be fitting. He added that any money the City would be able to send to the families would be minuscule in comparison. Council Member Adolph felt that it's important to recognize those who work within the community and would support a program to show support for the families. BIB] 02-05-1997-U01 08:18:41AM-U01 CCMIN-U02 01-U02 21-U02 1997-U02 -Y City Council Minutes 32 January 21,1997 Mayor Holt believed that the idea put forth by Council Member Sniff is an admirable and compassionate idea and agreed to agendize the matter for the next meeting for further discussion. Council Member Sniff stated that he wasn't locked into one idea, but wished to do something that is meaningful, thoughtful and supportive. He hoped that staff could outline several different possibilities as outlined here for consideration at the next meeting. Council concurred on agendizing the matter for the next meeting. Council recessed to Redevelopment Agency meeting. Council reconvened and recessed to Closed Session as delineated on Page 18 Council reconvened with no decision being made which requires reporting pursuant to Section 54957.1 of the Government Code Brown Act). There being no further business, the meeting was adjourned. Respe fully submitted, SAUNDRA L. JUHOLA, City Clerk City of La Quinta, Calt3ornia BIB] 02-05-1997-U01 08:18:41AM-U01 CCMIN-U02 01-U02 21-U02 1997-U02