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2000 12 19 CC Minutes LA QUINTA CITY COUNCIL MINUTES DECEMBER 19, 2000 A regular meeting of the La Quinta City Council was called to order at the hour of 2:00 p.m. by Mayor Pe~a. PRESENT: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a ABSENT: None PUBLIC COMMENT - None CLOSED SESSION Mayor Pe~a and Council Member Adolph abstained from participating in Item No. 2 as they have consistently done in the past due to a potential conflict of interest. 1. Conference with legal counsel - pending litigation - Coachella Valley Water District V. City of La Quinta, Riverside Superior Court Case No. INC 010827 - Government Code Section 54956.9(a). 2. Conference with. legal counsel - pending litigation - Robert M. Ready and Helen B. Ready V. City Council of the City of La Quinta, Riverside Superior Court Case No. INC 018982 - Government Code Section 54956.9(a). Council recessed to Redevelopment Agency and to Closed Session to and until the hour of 3:00 p.m. 3:00 P.M. The City Council meeting reconvened with no decisions being made in Closed Session which require reporting pursuant to Section 54957.1 of the Government Code (Brown Act). Mayor Pe~a led the audience in the Pledge of Allegiance. PUBLIC COMMENT Dale Brooks, President of Citrus Course Homeowners Association, spoke regarding the lack of progress on the Jefferson Street improvements. He also noted the need to City Council Minutes 2 December 19, 2000 install a traffic signal at the Citrus Course entrance on Avenue 52 and to replace palm 'trees in the media~ at the same location. City Manager Genovese explained the contractor is currently focusing on the bridge portion of the Jefferson Street project. He advised staff would look into the need to replace the palm trees. CONFIRMATION OF AGENDA - Confirmed ANNOUNCEMENTS - None PRESENTATIONS - None WRITTEN CORRESPONDENCE 1. TWO LETTERS FROM SIMON MOTORS, INC. REGARDING TEMPORARY INSTALLATION OF CHAIN LINK FENCING. City Manager Genovese stated a letter was sent to Mr. Simon explaining that some of the fencing mentioned in Mr. Simon's letters are in different zones and that staff will pursue any violations that may exist. Council Member Perkins commented on the use of barbed wire and stated he did not feel it's much of a deterrent. He also felt the blue screening is an eyesore and noted it prevents patrol units from seeing inside the area. Council Member Sniff suggested Mr. Simon be allowed to remove the screening. Council concurred. .In response to Council Member Henderson, Community Development Director Herman advised the screening requirement is discretionary but staff has no latitude on the barbed wire. He added the temporary fence permit is for six months. Council concurred to direct staff to notify Mr. Simon that the barbed wire must be removed and that the screening may also be removed. City Council Minutes 3 December 19, 2000 APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Adolph to approve the City Council Minutes of December 5, 2000, as submitted. Motion carried unanimously. CONSENT CALENDAR Mayor Pe~a requested Item No. 7 be pulled for separate action due to a potential conflict of interest. Council Member Henderson spoke regarding Item No. 2 and stated she was pleased to see two of the Assessment Districts are in their last three years. 1. APPROVAL OF DEMAND REGISTER DATED DECEMBER 19, 2000. 2. APPROVAL OF ANNUAL DISTRICT INFORMATION SHEETS FOR THE CITY OF LA QUINTA ASSESSMENT DISTRICT NOS. 88-1, 89-2, 90-1, AND 97-1 FOR FISCAL YEAR ENDING JUNE 30, 2000. 3. APPROVAL OF ANNUAL CONTINUING DISCLOSURE FOR THE CITY OF LA QUINTA - ASSESSMENT DISTRICT 2000-1 FOR FISCAL YEAR ENDING JUNE 30, 2000. 4. TRANSMITTAL OF TREASURER'S REPORT DATED OCTOBER 31, 2000. 5. TRANSMITTAL OF REVENUE AND EXPENDITURES REPORT FOR OCTOBER 31, 2000. 6. APPROVAL OF A REQUEST BY THE COUNTY OF RIVERSIDE PLANNING COMMISSION TO UTILIZE THE COUNCIL CHAMBERS FOR PUBLIC HEARINGS ON JANUARY 31, MARCH 28, MAY 23, AUGUST 8, OCTOBER 3, AND DECEMBER 12, 2001, 8:00 A.M. TO 8:00 P.M. 7. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 27899, CENTURY HOMES. (See separate action below.) 8. DENIAL OF CLAIM FOR DAMAGES FILED BY CRAIG S. BLOOM - DATE OF LOSS: NOVEMBER 7, 2000. 9. ACCEPTANCE OF CLAIM - STATE FARM INSURANCE - DATE OF LOSS: JULY 14, 2000. City Council Minutes 4 December 19, 2000 MOTION - It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as recommended and amended with the exception of Item No. 7 . Motion carried unanimously. MINUTE ORDER NO. 2000-209. Item No. 7 MOTION - It was moved by Council Members Adolph/Henderson to approve Consent Calendar Item No. 7, accepting improvements to Tract 27899 and authorizing staff to release security upon receiving warranty security. Motion carried with Mayor Pe~a ABSENT. MINUTE ORDER NO. 2000-210. BUSINESS SESSION 1. CONSIDERATION OF PARTICIPATION IN THE "DESERT SENIOR INSPIRATION AWARDS" PROGRAM.. Community Services Director Horvitz presented the staff report. Council Member Adolph questioned why the previous year's nominees who were not selected, are not included in this year's consideration of nominees. Ms. Horvitz stated she would pass that concern along to the Friends of the La Quinta Senior Center who submitted the recommendation for Bette Cheney. Mayor Pe~a noted Council has the option of submitting its own nomination next year instead of asking the Friends of the La Quinta Senior Center to make a recommendation. MOTION - It was moved by Council Members Henderson/Sniff to approve the City of La Quinta's participation in the "Desert Senior Inspiration Awards" Program and select Bette Cheney as the City's nominee for the program. Motion carried unanimously. MINUTE ORDER NO. 2000-211. 2. CONSIDERATION OF CITY COUNCIL COMMITTEE APPOINTMENTS FOR THE YEAR 2001. There were no changes to the staff report as submitted and on file in the City Clerk's Office. After a brief discussion, Council concurred to make no changes in the current appointments. _ City Council Minutes 5 December 19, 2000 MOTION - It was moved by Council Members Sniff/Henderson to approve the -- Council committee appointments as currently configured. Motion carried unanimously. MINUTE ORDER NO. 2000-212. 3. CONSIDERATION OF SUPPORT FOR A PROPOSED VALLEY-WIDE MASSAGE ORDINANCE. Building & Safety Director Hartung presented the staff report. City Attorney Jenson stated Attachment #3 of the staff report outlines the differences between the City's current massage ordinance and the proposed Valley-wide ordinance and noted the proposed ordinance regulations are tougher than the City's ordinance in most areas. The City's ordinance is more expansive in regard to records inspections but may be subject to challenge because of privacy rights and it is more stringent regarding penalties. The proposed ordinance is more comprehensive and more detailed in enforcement activity. Council Member Sniff asked if there have been any notable problems with the City's current ordinance, to which Mr. Hartung responded NO. Council Member Sniff stated he felt the proposed ordinance is somewhat intrusive and administratively difficult. He suggested the City Attorney be directed to review the City's current ordinance and make recommendations for changes. Mayor Pe~a suggested continuing this matter and asking representatives of the massage association to come before Council to discuss the rational for the proposed ordinance. He noted the association is seeking to raise the standards of their industry. Council Member Sniff stated he felt the City should administer the regulations instead of an outside agency. Council Member Adolph noted this issue began with standardization of licensing to operate as massage therapists and has no bearing on the City's business license requirements. Council Member Perkins stated he felt the proposed ordinance is too complicated and difficult to enforce. Mr. Hartung stated the fingerprinting process is the only problem the City has experienced. City Council Minutes 6 December 19, 2000 Council Member Adolph noted SunLine Services Group (SSG) has offered to handle the fingerprinting to speed up the process as they have done for the taxicab industry. In response to Council Member Henderson, Mr. Hartung explained a massage therapist has to obtain a massage therapist license before receiving a City business license unless he/she is working under the business license of a spa. In response to Council Member Henderson, Ms. Jenson stated she did not see any enforcement problem if the City adopts the Valley-wide ordinance and supports SSG providing the fingerprinting process. She noted the proposed ordinance calls for the City Manager or designee to handle the processing and enforcement. She added if the Council chooses not to adopt a Valley-wide ordinance or change its own ordinance to recognize therapists licensed in a different City, therapists would not be allowed to do off-site work in the City unless they go through the City's local ordinance provisions. Council Member Henderson supported the idea of a Valley-wide licensing process and SSG providing the fingerprinting if it will expedite the process but agreed it might be less confusing if the association gives Council their input on the matter, Council Member Sniff continued to have concerns with SSG acting as the regulatory agency and stated he would not support that concept. Council Member Adolph suggested asking a La Quinta Hotel & Resort representative to attend the meeting to explain the problems they are experiencing with this issue. MOTION - It was moved by Council Members Sniff/Henderson to continue the matter of a proposed Valley-wide Massage Ordinance to January 16, 2001. Motion carried unanimously. MINUTE ORDER NO. 2000-213. 4. CONSIDERATION OF AUTHORIZATION FOR THE CITY MANAGER TO ENTER INTO A REIMBURSEMENT AGREEMENT FOR THE CONSTRUCTION OF A WALL ON THE WEST SIDE OF WASHINGTON STREET FROM AVENIDA LA FONDA TO AVENUE 52. There were no changes to the staff report as submitted and on file in the City Clerk's Office. City Council Minutes 7 December 19, 2000 MOTION - It was moved by Council Members Sniff/Henderson to authorize the City Manager to enter into a Memorandum of Understanding for a 50% cost share for a wall on the west side of Washington Street from Avenida La Fonda to Avenue 52 with Tradition Club Associates, LLC, contingent upon the approval of the wording by the City Attorney and approve an appropriation in an amount not to exceed 954,000 from Account No. 250-000-300-290, Transportation Developer Impact Fee. In response to Council Member Adolph, Public Works Director Vogt stated staff will look at the possibility of installing a sidewalk and landscaping on the east side of the wall. Motion carried unanimously. MINUTE ORDER NO. 2000-214. 5. CONSIDERATION OF APPROVAL OF AN EXTENSION OF TIME FOR THE TEMPORARY ROAD CLOSURE OF JEFFERSON STREET FROM HIGHWAY 111 TO AVENUE 48. Mayor Pe~a abstained due to a potential conflict of interest and left the dais. Public Works Director Vogt presented the staff report. In response to Council Member Henderson, Mr. Vogt stated the Bob Hope Classic representatives plan to use Dune Palms Road to Avenue 48 and Washington Street to Avenue 50 and Avenue 52 to Jefferson Street as alternate routes during the Bob Hope Classic event. Council Member Adolph noted the street closure is frustrating for residents who live in PGA West and along Jefferson Street and questioned why the contractor was not better prepared to handle the utility problems that arose. Mayor Pro Tem Sniff noted the closure could have some impact on the Fair and National Date Festival in February. In response to Mayor Pro Tem Sniff, Mr. Vogt stated the contractor is trying to expedite the work but does not want to commit to completing the work before the February 20th deadline in case they run into another unforseen problem. Council Member Henderson stated she wished there was something the City could do to expedite the work but did not see any alternative to approving the time extension. City Council Minutes 8 December 19, 2000 MOTION - It was moved by Council Members Henderson/Perkins to approve a request from Granite Construction Company to extend the temporary road closure an additional 51 consecutive calendar days from January 1, 2001, to February 20, 2001, at Jefferson Street from Highway 111 to Avenue 48. Council Member Adolph stated he would support the motion but wished to see the contractor get the work done and stop dragging it out. Motion carried with Mayor Pe~a ABSENT. MINUTE ORDER NO. 2000-215. Mayor Pro Tem Sniff suggested Council 's concerns be related to the contractor. 6. CONSIDERATION OF APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COSTS AND AUTHORIZE STAFF TO RECEIVE BIDS FOR PROJECT NO. 97-09, CIVIC CENTER IMPROVEMENTS, PHASE I. Public Works Director Vogt presented the staff report. Council Member Sniff suggested dealing with the location of the DeMartino art piece at an early date. Community Services Director Horvitz reviewed the art piece location as recommended by the Cultural Arts Commission (along the walkway coming from the City Hall parking lot) and advised funds have been allocated for setting the art piece on a cement base. In response to Council Member Adolph, Mr. Vogt confirmed the shortfall is a conservative estimate and that the project will be bid as a base bid with add alternates. MOTION - It was moved by Council Members Sniff/Adolph to approve Plans, Specifications, and Engineer's Estimate (PS&E) of probable costs and authorize staff to advertise and receive bids for Project No. 97-09, Civic Center Campus Improvements, Phase 1. In response to Council Member Henderson, Mr. Vogt confirmed the art piece locations are included in the base bid. Council Member Henderson stated she would like to further review the artwork locations. City Council Minutes 9 December 19, 2000 City Manager Genovese advised staff can bring back the artwork locations at the January 2, 2001, meeting for further consideration. Council concurred. Motion carried unanimously. MINUTE ORDER NO. 2000-216. 7. CONSIDERATION OF AUTHORIZATION FOR CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE COACHELLA VALLEY WATER DISTRICT REGARDING IRRIGATION LINE ABANDONMENT ON JEFFERSON STREET. There were no changes to the staff report as submitted and on file in the City Clerk's Office. MOTION - It was moved by Council Members Sniff/Henderson to authorize the City Manager to enter into a Memorandum of Understanding with the Coachella Valley Water District regarding irrigation line abandonment on Jefferson Street -- (east side between Avenue 52 and Avenue 54). In response to Council Member Adolph, Public Works Director Vogt confirmed abandonment of the irrigation lines will eliminate the need to install the pipe on the south side of Jefferson Street that is currently onsite. Motion carried unanimously. MINUTE ORDER NO. 2000-217. 8. CONSIDERATION OF CONTRACT CHANGE ORDER NO. 12 TO COMPENSATE THE CONTRACTOR FOR ASPHALT OIL PRICE INCREASE AND CONSIDERATION OF CONTRACT CHANGE ORDER NO. 13 TO CHANGE THE FINISHED ROADWAY SURFACE TO RUBBERIZED ASPHALT, PROJECT NO. 99-05, JEFFERSON STREET IMPROVEMENTS, PHASE 1, AVENUE 54 TO HIGHWAY 111. Mayor Pe~a abstained due to a potential conflict of interest and left the dais. Public Works Director Vogt presented the staff report and confirmed rubberized asphalt is proposed for the entire length of Jefferson Street from Avenue 54 to -- Highway 111. City Council Minutes 10 December 19, 2000 In response to Council Member Adolph, Mr. Vogt stated rubberized asphalt has -- twice the strength of regular asphalt and its life expectancy is as good or better than regular asphalt which is 20 years. Council Member Perkins asked if Indio and CVAG would be paying their share of costs. Mr. Vogt stated both have indicated they have no problem with it. MOTION - It was moved by Council Members Henderson/Perkins to approve Contract Change Order No. 12 to compensate the contractor for asphalt oil price increase and approve Contract Change Order No. 13 to change the finished roadway surface to rubberized asphalt. Motion carried with Mayor Pe~a ABSENT. MINUTE ORDER NO. 2000-218. STUDY SESSION - None REPORTS AND INFORMATIONAL ITEMS CVAG Energy & Environmental Resources Committee -- Council Member Sniff reported Dick Cromwell of SunLine will be making a presentation before the Committee regarding the collection of stray grocery carts. Mayor Pe~a added SunLine is looking to contract with some of the markets to pick-up grocery carts left at the bus stops and along the highway. League of California Cities-Riverside Division -- Council Member Henderson reported the Executive Board worked on goals for the upcoming year at the recent workshop in La Quinta . She advised the general membership meeting will be held on January 8, 2001, in Temecula and suggested the possibility of using a van or bus to get Valley representatives to the meeting. C. V. Mosquito and Vector Control District -- Council Member Perkins reported construction on their new facility is expected to be done in February. He added the District is doing research on mosquito shrimp to help combat the mosquito problem. All other reports were noted and filed. City Council Minutes 11 December 19, 2000 DEPARTMENT REPORTS 4-A. BUILDING & SAFETY MONTHLY REPORT. Council Member Henderson stated she discussed with the Building & Safety Director the possibility of having a countdown and prize award in anticipation of reaching the $300 million mark in the City's annual building valuation before the end of the year. However, the amount was reached before she had an opportunity to suggest the idea to Council. 8-A. PUBLIC WORKS MONTHLY REPORT/CIP STATUS UPDATE. Public Works Director Vogt advised information will be placed on the individual project signs indicating how to obtain the project schedule on the City's web page or a staff contact. In addition, staff has met with Kiner Goodsell representatives to determine locations for signs to inform the public that businesses in the village are open during the street construction. Council Member Perkins suggested staff be authorized to move forward with the signs informing the public that businesses are open. Council concurred. In response to Council Member Sniff, Mr. Vogt stated the Jefferson Street improvements are scheduled to be completed by March 23, 2001. He further stated the scheduled completion date of April 1, 2001, for the Phase VI improvements is shifting some due to coordination with CVWD on the water lines. He added the contractor is accelerating the work in the Frances Hack Park area in order to have it ready for the arts festival. Council Member Henderson asked about the possibility of coordinating the traffic signal at Avenida Bermudas and Calle Tampico with the Phase VI improvements. Mr. Vogt stated it's possible the conduit could be installed but the design for the traffic signal has not been completed. Mr. Nickerson, the City's consultant, explained the work has to be coordinated with the utility companies. He added it may be possible to get the traffic signal out to bid and complete the project while the streets are torn up if the design for the traffic signal is completed this week. City i3ouncil Minutes 12 December 19, 2000 Council Member Sniff suggested some type of illumination on the stop signs at Calle Tamp'ico and Avenida Bermudas to make them easier to see at night. In regard to the Montero Estates sound wall, Mr. Vogt stated staff has met with two consultants who feel the costs are more in line with what the City has budgeted for the project. Staff hopes to bring this issue back in January for approval of a design contract. He noted the long lead time is due to Council's direction to present different design concepts. Council Member Sniff felt the wall should be consistent with the wall across the street. After a brief discussion, Council concurred to leave the design of an 8' high sound wall at the Montero Estates to staff's discretion and to soften it with landscaping. In regard to the Cove Mini-Park Expansion, Council Member Henderson stated she felt the adjacent property owner had made some valid points. She suggested using the lot for a house and build a third mini-park in the northwest section of the Cove. Council concurred to not expand the Eisenhower Park and to direct staff to locate an alternate mini-park site. City Manager Genovese noted an RFP has already gone out for the park expansion and will have to be retracted. He added staff will bring the mini-park issue back for action on a future agenda. Regarding the Sports Complex lighting improvements, Community Services Director Horvitz advised the additional light bars on existing poles will increase field usage at night. Council Member Henderson was concerned a statement in the CIP Status Update regarding the $500,000 allocation from Proposition 12 may be misunderstood by the public and noted the funds have not been received yet. Ms. Horvitz stated, once received, the funds can be used for soccer and/or baseball facility improvements in a park. Council Member Sniff stated he wished to see an "L" shape design for the sidewalk at the Community Park to maximize room for sport activities. City Council Minutes 13 December 19, 2000 In regard to the museum expansion, Ms. Horvitz advised .the firm selected by the Consultant Selection Committee has indicated they cannot produce a design concept within the budgeted amount of $80,000. Staff is currently negotiating a design contract with the second choice firm. Council Member Sniff suggested the possibility of giving staff more latitude in negotiating the amount and noted it's difficult getting anything for 980,000. Council Member Henderson stated she preferred waiting to see what the second choice firm proposes for 980,000. Council Member Perkins agreed. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING MAINTENANCE OF ARTWORK AT HIGHWAY 111 AND WASHINGTON STREET. Council Member Henderson suggested agendizing the issue of maintenance of the artwork at Highway 111 and Washington Street while Mr. DeMartino, is in town. She noted the artwork is dirty and the gem is cracked. Council concurred. 2. DISCUSSION REGARDING REMOVAL OF TRAFFIC CONES AND RIGHT-TURN- ONLY DESIGNATION. Council Member Perkins suggested the traffic cones on Eisenhower Drive at the La Quinta Hotel be removed and replaced with a two-way turn. He also noted the right-turn only lane on Washington Street north of Highway 111 should be changed to a through lane. Public Works Director Vogt stated staff will take a look at it. Council recessed to and until 7:00 p.m. 7:00 P.M. The City Council reconvened with Mayor Pe~a absent. City Council Minutes 14 December 19, 2000 PUBLIC COMMENT - None PRESENTATIONS - None PUBLIC HEARINGS 1. CONTINUED PUBLIC HEARING ON GENERAL PLAN LAND USE ALTERNATIVES. The Mayor Pro Tem declared the PUBLIC HEARING OPEN at 7:02 p.m. Community Development Director Herman presented the staff report and advised the public hearing process for the General Plan Amendment will begin with the Planning Commission in February or March. Council Member Henderson stated she did not see a reason for continuing the current public hearing. In response to Council Member Adolph, Mr. Herman stated no zone change requests have been received in the last few months. There being no requests to speak, the Mayor Pro Tem declared the PUBLIC HEARING CLOSED at 7:04 p.m. MOTION - It was moved by Council Members Henderson/Adolph to close the public hearing on General Plan Land Use Alternatives and direct staff to reo notice the public hearing at a later date. Motion carried unanimously with Mayor Pe~a ABSENT. MINUTE ORDER NO. 2000-219. 2. PUBLIC HEARING ON TENTATIVE TRACT MAP 24197 - A REQUEST TO SUBDIVIDE 63 + ACRES INTO 206 SINGLE FAMILY AND MISCELLANEOUS LOTS LOCATED GENERALLY ON THE WEST SIDE OF JEFFERSON STREET BETWEEN FRED WARING DRIVE AND MILES AVENUE. The Mayor Pro Tern declared the PUBLIC HEARING OPEN at 7:06 p.m. Community Development Director Herman presented the staff report. Marty Butler, 44-180 Ocotillo Drive, representing Century Crowell Communities, questioned Condition No. 53(a)(ii) of the tentative tract map and stated she understood widening of Jefferson Street was part of the CVAG program. She _ City Council Minutes 15 December 19, 2000 noted Indio is not requiring the Snellenberger project to pay Indio's share of the -- costs and understood from City staff that Century Crowell would not be required to pay La Quinta's share of costs if the City had approved and acknowledged the improvement widening plans before Century Crowell's project was submitted to the City. She felt it was unfair and asked for some relief from this condition. In regard to Condition No. 63, she understood Indio has no funding for the traffic signal and questioned why Century Crowell should be conditioned to pay for one-half of the cost when the Snellenberger project would also be using the intersection. She voiced concern about Condition No. 85 which she understood requires Century Crowell to go into the adjacent Cactus Flower subdivision to make improvements to take care of the Buttercup Lane street closure. She also asked that they be allowed to discontinue use of the name Dandelion Street after Lot D as it enters from the Wildflower subdivision. For the record, she also wished to note the Snellenberger project has moved 7,000 cubic yards of dirt onto Century Crowell's property and has been told by the Engineering Department that Snellenberger will be required to remove it. Public Works Director Vogt advised Condition No. 53(a)(ii) is a typical condition .... for all development in the City and requires the developer to contribute toward the outer-lane improvements that are not covered by the developers fee. He understood from Indio's City Engineer that Indio will fund Mr. Snellenberger's portion of the Jefferson Street improvements if Jefferson is built within three years, otherwise, it will be the responsibility of the developer. Council Member Adolph asked if each development along Jefferson Street is required to pay for these improvements, to which Mr. Vogt stated there are different scenarios with each development. Council Member Henderson asked if the City's percentage of the 51-foot half- width improvements referenced in Condition No. 53(a)(ii) is 25%. Mr. Vogt stated he believes it will be a 75/25 split but it is depends on whether Measure A or STIP Funds are used. He added the condition calls for the developer to pay its proportionate share. Mr. Vogt advised Condition No. 63 is also a typical condition for development to ensure funding is available when a traffic signal is warranted. --- In response to Council Member Perkins, Mr. Vogt stated the traffic signal is not an identified CVAG project. City Council Minutes 16 December 19, 2000 Ms. Butler stated she understood CVAG has money set aside for Fred Waring Drive and Miles Avenue for future projects. She questioned having to pay ,50% of the traffic signal costs. Ms. Butler stated she was not told by staff during the planning stages of the development that they would have to pay for curbs, gutter, and outer lane improvements on Jefferson Street. In response to Council Member Henderson, Mr. Vogt stated the Miles Avenue intersection is the only full-movement intersection of the development. In regard to Condition No. 85, Mr. Herman referenced the Planning Commission meeting minutes where Ms. Butler agreed the developer would take responsibility for removing the asphalt at the Buttercup Lane access, installing a sidewalk and provide an opening in the wall to allow pedestrian movement. Ms. Butler stated she understood they would be finishing their side of the street but did not understand they would be redesigning Cactus Flower's retention basin. Mr. Vogt explained the reason for requiring the retention basins to be redesigned and reconstructed. Don Hay, 44-155 Goldenrod Circle, spoke regarding the Buttercup Lane street closure and suggested leaving the asphalt and installing a basketball backboard. He noted sewer and electrical exists beneath the asphalt. Council Member Adolph suggested leaving the catch basins, installing three or four parking stalls and concrete where the wall will exist, and install the basketball backboard. Denny Johnston, 79-590 Marigold Lane, supported closing Buttercup Lane. There being no other requests to speak, the Mayor Pro Tem declared the PUBLIC HEARING CLOSED at 7:40 p.m. Council Member Adolph stated he felt it's common knowledge that most cities require developers to fund both onsite and offsite improvements. In regard to the traffic signal on Miles Avenue, he noted he's not a big fan of traffic signals and did not feel Century Crowell should have to pay 50% of the cost if it is installed. He expressed appreciation to Century Crowell for supporting the street closure. He also stated he did not feel the developer should be burdened with the cost of paving the area for a basketball court and suggested the City 'Council Minutes 17 December 19, 2000 possibility of the City funding the costs. As for the Dandelion Street name change, h~ noted this sometimes creates a problem for the Post Office. Council Member Henderson supported the Planning Commission's recommendation to have Dandelion Street extend to the east corner of the intersection. Council concurred. In response to Council Member Henderson, Mr. Herman stated adding a basketball court at the Buttercup Lane closure would require adding bollards to prohibit vehicle parking. He also recommended a solid wall between the two developments instead of a pedestrian access. In response to Council Member Henderson, Mr. Vogt stated staff will need to work with the City Attorney to find out what can or cannot be done regarding the street closure. City Manager Genovese noted adding a basketball court in the street closure area will change it to a recreational amenity. City Attorney Jenson stated the area can be closed to vehicular traffic but kept for public use by changing it to a public park. Council Member Henderson was concerned how the traffic signal will be funded if Indio does not have funding when warrants are met. She also did not feel a right-in, right-out intersection is the solution. In response to Council Member Adolph, Mr. Vogt confirmed Miles Avenue is wide enough to accommodate an acceleration lane but he was concerned about the safety aspect given the amount of traffic involved. He also noted there is no City funding identified for the traffic signal. In response to Council Member Henderson, Mr. Genovese stated the General Fund is not generally used to fund subdivision offsite improvements. Council Member Perkins stated he has some fire safety concerns with changing the name of Dandelion Street and continuing the street under a different name. He also stated he would not support funding a traffic signal with General Fund monies. He noted the traffic problem is created by developments in the area and not the City. Mayor Pro Tern Sniff agreed with not changing the street name at the corner. City Council Minutes 18 December 19, 2000 Council Member Perkins suggested a continuance to give the developer and staff an opportunity to work out the traffic signal issue. Ms. Butler stated the developer will accept Condition No. 63 as is. RESOLUTION NO. 2000-168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR TENTATIVE TRACT 24197 (CENTURY CROWELL COMMUNITIES). It was moved by Council Members Henderson/Adolph to adopt Resolution No. 2000-168 as submitted. Motion carried unanimously with Mayor Pe~a ABSENT. RESOLUTION NO. 2000-169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SUBDIVISION OF 63.1 ACRES INTO 206 SINGLE FAMILY LOTS (TENTATIVE TRACT 24197 - CENTURY CROWELL COMMUNITIES). It was moved by Council Members Henderson/Perkins to adopt Resolution No. 2000-169 as amended (modifying Condition No. 85 to allow the asphalt to remain, not to provide pedestrian access, and to require the developer to install bollards to prevent vehicular parking). Mr. Herman noted use of the street closure area will be dealt with under Public Hearing Item No. 3. Council Member Henderson stated she would cautiously approve the street closure and noted the street is part of a master plan for free movement of traffic in the City. She hoped this would not set a precedent for future developments. In response to Council Member Adolph, Mr. Herman stated the pedestrian access was staff's recommendation and not requested by the homeowners or developer. Motion carried unanimously with Mayor Pe~a ABSENT. City Council Minutes 19 December 19, 2000 3. PUBLIC HEARING ON PROPOSED STREET CLOSURE OF BUTTERCUP LANE EAST OF GOLDENROD CIRCLE. The Mayor Pro Tem declared the PUBLIC HEARING OPEN at 8:22 p.m. Public Works Director Vogt presented the staff report and reviewed the changes proposed under Public Hearing Item No. 2 to utilize the area as a park. He recommended modifying the language in the third WHEREAS of the resolution to read, ".. . continue to accommodate the existing utility within that area." Don Hay, 44-155 Goldenrod Circle, thanked the City for the street closure and stated he felt pedestrian access would benefit residents'of both subdivisions if Council decides to require it. There being no further requests to speak, the Mayor Pro Tem declared the PUBLIC HEARING CLOSED at 8:28 p.m. City Attorney Jenson recommended adding Section 4 to the resolution to read, "The closure area will continue to be used by the City for public utility -- purposes." In response to Council Member Perkins, Community Development Director Herman stated Council's action on Public Hearing Item No. 2 precludes pedestrian access. In response to Council Member Adolph, Mr. Herman confirmed the lots of the new subdivision will be at a lower elevation than the existing subdivision lots. RESOLUTION NO. 2000-170 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING CLOSURE OF A 100-FOOT LONG SEGMENT OF BUTTERCUP LANE EAST OF GOLDENROD CIRCLE IN TRACT 22982 KNOWN AS CACTUS FLOWER. It was moved by Council Members Henderson/Adolph to adopt Resolution No. 2000-170 as amended (modifying language in the third WHEREAS and adding Section 4 as recommended by staff and the City Attorney). Motion carried unanimously with Mayor Pe~a ABSENT. City Council Minutes 20 December 19, 2000 ADJOURNMENT There being no further business, it was moved by Council Members Adolph/Perkins to adjourn. Motion carried unanimously. Respectfully submitted, JUN~.GRE~y ~ City of La Quinta, California