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2001 09 18 CC Minutes LA QUINTA CITY COUNCIL MINUTES SEPTEMBER 18, 2001 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 1. Pending litigation - Government Code Section 54956.9(a) - City of Orange, et al., v. San Diego County Employees Retirement Association, Ventura County Case No. SC025999. 2. Conference with City's real property negotiator, Mark Weiss, pursuant to Government Code Section 54956.8 concerning potential terms and conditions ~-- of acquisition and/or disposition of real property generally located on the northwest corner of Adams Street and Miles Avenue. Property Owner/Negotiator: Family Heritage Church of the Valley, Inc. 3. Public Employee Personnel Evaluation - City Manager - pursuant to Government Code Section 54957. Council recessed to Redevelopment Agency and to Closed Session to and until the hour of 3:00 p.m. 3:00 P.M. Mayor Pe~a led the audience in the Pledge of Allegiance. PUBLIC COMMENT Ray Alley, 9630 San Rafael, Desert Hot Springs, spoke regarding the need for better animal control in the valley. Council Member Perkins explained La Quinta's penalty fees for leash law violations and why the City has chosen not to participate in the Valleywide Animal Campus. City Council Minutes 2 September 18, 2001 Bob Cox, 78-315 Crestview Terrace, thanked Council Member Henderson for her recent comments regarding building heights in the City. He also commended Mayor Pe~a on his address during the commemorative services in Palm Desert on Sunday. The Council Members also expressed appreciation for the Mayor's presentation at the candlelight vigil. Peter Lagreta, 48-564 Gibralter, Indio, spoke regarding the need for a left-turn movement at Jefferson Street and Corsica Gate. Mayor Pe~a advised City staff is working with Indio on this issue and that a report will be coming back to Council at the next Council meeting. CONFIRMATION OF AGENDA - Confirmed ANNOUNCEMENTS - None PRESENTATIONS - None WRITTEN CORRESPONDENCE - None APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of August 21, 2001, with minor corrections. Council Member Adolph referenced an error on Page 2 regarding the motion approving the minutes of August 7th. He also questioned why there was no discussion in the minutes regarding the meeting between Mayor Pe~a, Council Member Henderson, and two Friends of the La Quinta Library representatives regarding the library MOU issue. Mayor Pe~a confirmed the meeting was discussed and should be included in the minutes. City Council Minutes 3 September 18, 2001 Mayor Pe~a referenced the motion on the Valleywide Animal Campus issue (Page 7). He felt although the Council chose not to participate in the capital improvement project, that the City's support for the concept should be included in the motion. Council Member Sniff disagreed and stated he felt the motion was correct as stated. Council Member Adolph stated he understood CVAG Executive Director, Corky Larson, has expressed a desire for La Quinta to be represented in the design and overall program. Council Member Henderson stated she felt the City has expressed that it does not wish to participate financially in the project, nor be a part of the JPA, and she didn't see the purpose in having someone represent the City in the design. Motion carried unanimously. CONSENT CALENDAR Council Member Perkins referenced Item Nos. 4 and 16 in regard to food and beverages being served at City Hall and noted the City Code prohibits the use of food and beverages in the "Civic Center." Building & Safety Director Hartung stated the restriction is in regard to the Council Chamber. Council Member Perkins suggested the language be modified for clarification. In regard to wine being served at the Cultural Symposium, Community Services Director Horvitz confirmed the caterer will be required to have a license to serve alcoholic beverages. Mayor Pe~a referred to Item No. 5 and suggested a tightening of the time line for the new fire station. Council Member Henderson concurred. 1. APPROVAL OF DEMAND REGISTER DATED SEPTEMBER 4, 2001, AND SEPTEMBER 18, 2001. 2. TRANSMITTAL OF TREASURER'S REPORT DATED JULY 31, 2001. City Council Minutes 4 September 18, 2001 3. TRANSMITTAL OF REVENUE & EXPENDITURES REPORT DATED JULY 31, 2001. 4. APPROVAL OF A REQUEST BY THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS) TO UTILIZE THE COUNCIL CHAMBERS FOR A FINANCIAL PLANNING SEMINAR FOR RETIREES, OCTOBER 23 AND NOVEMBER 27, 2001, 8:00 A.M. TO 4:00 P.M. 5. APPROVAL TO DISTRIBUTE A REQUEST FOR PROPOSALS TO PREPARE DESIGN PLANS FOR A THIRD CITY FIRE STATION. 6. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE PUBLIC WORKS ASSISTANT ENGINEER I TO ATTEND THE BASIC TRAFFIC SIGNAL DESIGN SEMINAR SPONSORED BY THE UNIVERSITY OF CALIFORNIA BERKELEY, INSTITUTE OF TRANSPORTATION STUDIES IN SANTA CLARA, CALIFORNIA - OCTOBER 2-4, 2001. 7. APPROVAL OF CHANGES TO THE TEMPORARY ART DONATION AND ACCEPTANCE AGREEMENT. 8. APPROVAL OF THE ART PURCHASE AGREEMENT FOR THE POINT HAPPY ART FEATURE. 9. DENIAL OF CLAIM FOR DAMAGES FILED BY TERRY LEE - DATE OF LOSS: JUNE 22, 2001. 10. DENIAL OF CLAIM FOR DAMAGES FILED BY MARGARITA SANCHEZ - DATE OF LOSS: JUNE 13, 2001. 11. APPROVAL OF AN AGREEMENT BETWEEN THE CITY OF LA QUINTA AND THE COUNTY OF RIVERSIDE TO PERMIT A MOBILE HOUSEHOLD HAZARDOUS WASTE (HHW) COLLECTION PROGRAM AT THE LA QUINTA CORPORATE YARD ON OCTOBER 27, 2001, AND AUTHORIZE THE MAYOR TO EXECUTE SAID AGREEMENT. 12. APPROVAL OF REQUEST FOR PROPOSAL PROCESS FOR PROFESSIONAL SERVICES TO PROVIDE MATERIALS TESTING AND CONSTRUCTION SURVEY FOR CAPITAL IMPROVEMENTS PROGRAM, PROJECT NO. 2000-04, CITYWIDE STREET AND SIDEWALK IMPROVEMENTS. 13. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 29053-1, RENAISSANCE. (RESOLUTION NO. 2001-111 ). City Council Minutes 5 September 18, 2001 14. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 29288, FIRST SCHOOL OF THE DESERT. 15. APPROVAL OF A CORPORATE CASH MANAGEMENT ACCOUNT AGREEMENT WITH WELLS FARGO BANK. 16. APPROVAL OF A CULTURAL SYMPOSIUM PROPOSED BY THE CULTURAL ARTS COMMISSION TO BE HELD NOVEMBER 3, 2001. MOTION -It was moved by Council Members Sniff/Adolph to approve the Consent Calendar as recommended and with Item No. 13 being approved by RESOLUTION NO. 2001-111. Motion carried unanimously. MINUTE ORDER NO. 2001 - 128. BUSINESS SESSION 1. CONSIDERATION OF APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH WARNER ENGINEERING TO PREPARE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) OF PROBABLE COSTS FOR THE HIGHWAY 1 1 1 SIDEWALK ADJACENT TO POINT HAPPY.. Public Works Director Vogt presented the staff report. Council Member Perkins stated he was not supportive of constructing the sidewalk because he believed it will require cutting back the mountain. He also questioned the Point Happy development being pleased with their parking lot being used for overflow parking for the Cliff House restaurant. Council Member Henderson stated she tends to agree with Council Member Perkins and doesn't feel it's a safe location for a sidewalk. She understood the intent of going forward with the design is to find out if CalTrans will allow the sidewalk and understood that without the sidewalk, the Cliff House feels somewhat "disconnected" from the City. However, she questioned what the City will do if CalTrans approves the sidewalk and she voiced concern about how construction of the sidewalk might add to the parking problem at Point Happy. She also asked about the status of the bike path to the north. Mr. Vogt advised Point Happy and the Cliff House are conditioned to construct a bike path around the north side of the mountain. He wasn't sure of the time line for implementing that condition. City Council Minutes 6 September 18, 2001 Council Member Sniff supported moving forward with the design to find out if construction of the sidewalk is feasible. He believed people will walk through the area, with or without a sidewalk, and that the City should try to make it safer. Council Member Adolph agreed. He felt the current condition is hazardous for people to use but stated he would not support anything that strips the mountain. He added he is waiting for the developer to restore the east side of the mountain to a more natural state.. Mayor Pe~a stated he supports moving forward with the design and determining further actions later. MOTION - It was moved by Council Members Sniff/Adolph to appropriate 916,874 from RDA Project Are No. 2 Funds and approve a Professional Services Agreement in the amount of 99,840 with Warner Engineering for professional design services for a sidewalk on the north side of Highway 111 between Point Happy and the Cliff House Restaurant. Motion carried with Council Member Perkins voting NO. MINUTE ORDER NO. 2001-129. 2. CONSIDERATION OF THE CIVIC CENTER CAMPUS ACKNOWLEDGMENT AREA CRITERIA. Community Services Director Horvitz presented the staff report. Council Members Henderson and Perkins gave a brief report on how the subcommittee arrived at the proposed recommendations. In response to Council Member Perkins, Ms. Horvitz confirmed Merchant Marines who have served in active duty are recognized as veterans by the Department of Veterans Affairs. He requested they be added to the list. Council Member Adolph asked about the "honorably discharged" requirement. He also questioned who would be responsible for determining qualified recipients. After a brief discussion, Council concurred to revise the requirement for a "DD- 214 Form" to "honorably discharged." Council Member Henderson noted a nomination form with questions related to the criteria will be required for each nominee. Additionally, nomination papers for Artists and Sports figures will require signatures of 10 La Quinta citizens; City Council Minutes 7 September 18, 2001 nomination papers for Pillars of the Community will require signatures of 25 La Quinta citizens. Council Member Adolph voiced concern that the Civic Center Campus might look like a cemetery and stated he preferred a monument, such as a "Mitchell Page Memorial" in honor of all veterans. Council Member Sniff stated he felt the Council's intent to recognize "veterans" is more limited than the Department of Veterans Affairs' definition. He also questioned "reserves" being included. Council Member Henderson agreed the acknowledgment area should be limited to veterans of normal military service. As for "reserves," she felt there should be some level of recognition for those who have made a commitment to be there when needed. After a brief discussion, Council concurred to include "reserves" who have served a minimum of six years of honorable service. _ In reviewing the criteria for artists, Council Member Sniff questioned how national, state, or local recognition of artists and sports would be recognized and expressed concern about the extreme subjectivity in regard to contribution to the City. He also felt there should be a minimum age for signing nomination papers. After a brief discussion, Council concurred on a minimum age of 18. Council Member Henderson noted national, state, or local recognition would come from some type of an award or medal. The criteria requires the person to have contributed to the City's image or quality of life. Council Member Sniff suggested compiling a list of competitive sports for the sports category instead of changing the category to athletics. He also suggested further thought be given to an appropriate acknowledgment for Fred Wolf, La Quinta's first Mayor. In response to Council Member Adolph, Council Member Perkins stated the subcommittee felt the acknowledgment for Mr. Wolff should be more specific rather than a section of the Bear Creek Bike Path. Council Member Henderson stated she felt a "Book of Deeds" would be appropriate to have on display at City Hall and Council concurred. Mayor Pe~a noted the City is also compiling a historical photo album. City Council Minutes 8 September 18, 2001 Robert Tyler, 44-215 Villeta Drive, spoke in support of the "honorably discharged" criteria and commented on the need to recognize people in the education field. Mayor Pe~a noted "Pillars of the Community" will include a wide variety of fields. Council concurred to direct staff to redefine the criteria for the Civic Center Campus acknowledgment areas based on Council's comments and to draft an application form. Council further concurred to deal with an appropriate acknowledgment for Mr. Wolff as a separate issue. 3. CONSIDERATION OF AN APPOINTMENT TO THE CHAMBER OF COMMERCE INFORMATION EXCHANGE BI-MONTHLY WORKSHOPS. 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 appoint Mayor Pe~a to serve for three meetings on the Chamber of Commerce Information Exchange Committee. Motion carried unanimously. MINUTE ORDER NO. 2001-130. 4. CONSIDERATION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 29894-2, COUNTRY CLUB OF THE DESERT, NRI-CCP I, A DELAWARE LLC.. There were no changes to the staff report as submitted and on file in the City Clerk's Office. RESOLUTION NO. 2001 - 112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT 29894-2 AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL. It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2001-112 as submitted. Motion carried with Council Member Adolph ABSTAINING due to a potential conflict of interest. City Council Minutes 9 September 18, 2001 5. CONSIDERATION OF SECOND READING OF ORDINANCE 359 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, REPEALING CHAPTER 5.32 OF THE LA QUINTA MUNICIPAL CODE (MASSAGE BATHS AND SIMILAR BUSINESSES) AND ADOPTING THE COACHELLA VALLEY MODEL MASSAGE ORDINANCE FOR THE CONSISTENT REGULATION AND RECIPROCAL PERMITTING OF MASSAGE THERAPY BUSINESS ACTIVITIES WITHIN THE COACHELLA VALLEY AS CHAPTER 5.32 OF THE LA QUINTA MUNICIPAL CODE. MOTION -It was moved by Council Members Sniff/Henderson to adopt Ordinance No. 359 on second reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a NOES: None ABSENT: None ABSTAIN: None 6. CONSIDERATION OF A SECOND READING OF ORDINANCE NO. 360- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, AMENDING CHAPTER 11.44, SECTION 11.44.060 OF THE LA QUINTA MUNICIPAL CODE (PARKS AND RECREATION AREAS) RELATIVE TO THE USE OF BARBEQUES AT PUBLIC FACILITIES. MOTION - It was moved by Council Members Sniff/Adolph to adopt Ordinance No. 360 on second reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a NOES: None ABSENT: None ABSTAIN: None 7. CONSIDERATION OF A CORRECTION TO SECOND READING OF ORDINANCE NO. 361 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AMENDMENT TO TITLE 9 (ZONING CODE) AND TITLE 13 (SUBDIVISION REGULATIONS) OF THE MUNICIPAL CODE (ZONING CODE AMENDMENT 2001-070). MOTION - It was moved by Council Members Sniff/Adolph to adopt Ordinance --- No. 361 on second reading as amended. Motion carried by the following vote: City Council Minutes 10 September 18, 2001 AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a NOES' None ABSENT: None ABSTAIN' None STUDY SESSION 1. DISCUSSION OF PLACING A SPECIAL TAX FOR PUBLIC SAFETY ENHANCEMENTS ON THE MARCH 5, 2002 BALLOT. Building & Safety Director Hartung presented the staff report. In response to Council Member Sniff, Mr. Hartung advised the preliminary amount for the fire component is expected to satisfy the City's needs for approximately 10 years with a 3% inflation factor. As for the police component, the $1.6 million amount is the average increase for the next four years. At the fifth year, the City will still be paying $700,000 more a year from the General Fund than it is currently. Council Member Sniff suggested the tax proposals include an equal number of years for fire and police. Council Member Henderson stated she didn't have a problem discussing a fire tax with the citizens for the purpose of increasing the City's fire services to a more acceptable level. She noted neighboring cities have charged a fire tax for years. However, she preferred that police services continue to be funded from the General Fund. She also didn't have a problem talking with the community about an increase to the Landscape and Lighting Assessment District, noting La Quinta's assessment is lower than neighboring cities. Council Member Perkins voiced concern about being able to depend on the General Fund for safety services over the next 8 to 10 years. He preferred a joint safety tax but stated he would support separate taxes to increase fire and police services. He felt the citizens would support it as well. In response to Council Member Adolph, Mr. Hartung confirmed the tax amount for each single family dwelling would be equal and not based on property value. Council Member Adolph stated most of the people he has talked to in gated communities are supportive of a fire tax but only about half of them support a police tax because gated communities are not patrolled by City police. He believed promotion is going to be important, especially for police services, in City Council Minutes 11 September 18, 2001 order to get the citizens' support. He stated he support two separate tax proposals. Council Member Sniff stated he supports having three separate tax proposals - fire, police, and Landscape and Lighting Assessment District. He also suggested the taxes have a sunset clause of 5 to 10 years. Mayor Pe~a agreed with having a sunset clause. He wasn't sure whether fire and police should be combined into a public safety enhancement tax or proposed separately. He felt most citizens would support a tax for police and fire as long as it is earmarked for public safety, and possibly even an increase to the Landscape & Lighting Assessment District. He suggested rounding the two amounts to $75 for fire and $135 for police and noted La Quinta is one of the last cities in the valley to levy a public safety or fire tax. Council Member Perkins expressed a preference not to include the Landscape & Lighting Assessment District at this time. As for gated communities providing their own patrol services, he noted crimes within those areas are handled by City police. He supported proposing a public safety tax for police and fire services. Council Member Henderson noted 67% of the vote is required to approve a special tax and that it's difficult to get support when a City is considered successful. She noted the amount proposed for police will not increase police services, whereas the fire tax amount will help upgrade fire services. She supported including a sunset clause and noted the proposed tax amounts are for police and fire services within current City boundaries. Council Member Sniff spoke in support of a November ballot because voter turnout for primary elections in March is smaller. He noted a previous fire/paramedic tax proposal failed at a primary ballot some years ago and that a downturn in the economy might affect public thinking. In response to Mayor Pe~a, Mr. Hartung confirmed Indian Wells, Palm Desert, and Rancho Mirage have a "fire only" tax. Council Member Henderson spoke in support of placing the tax proposals on the March ballot because the November ballot will include tax proposals from the School District and State. Mayor Pe~a agreed and noted that would allow the placement of a smaller component on the November ballot if the March ballot fails. City Council Minutes 12 September 18, 2001 Brian Jewitt, of Muni-Finan¢ial, noted voter approval in March would allow placement of the special tax on the tax roll in August 2002, whereas approval in November would delay the first installment for one year. Council Member Adolph commented on the difficulty of getting people to understand why a growing City can't afford these services out of the General Fund. Mayor Pe~a noted the current revenues are "one-time" revenues with no guarantee for next year, whereas the special tax would be a guaranteed revenue stream that could be counted on for budgetary purposes. City Manager Genovese commented on the difficulty of explaining the City's revenue stream to the public. He stated the inclusion of a sunset clause will require additional steps in the long-term financial planning component because it's hard to reduce services once enhanced. Additionally, he noted a lO-year projection for police services will increase substantially more than fire services because police service levels are based more on population growth. Council Member Henderson voiced concern that a "menu" of tax choices may lessen the chances for a fire tax approval. Mayor Pe~a suggested getting input from the citizens advisory committee on combining or separating the taxes. In response to Council Member Henderson, Mr. Hartung confirmed in order for the issue to be placed on the March ballot, Council will need to make a final decision at the October 16th meeting. Council Member Perkins suggested the involvement of fire and police personnel to promote the tax proposals. Pat McLaughlin, of Moore lacofano Goltsman (MIG), gave a brief presentation on way MIG can work with staff to help identify key people in the community to promote and educate the public on the tax issue. Council Member Sniff suggested public meetings be held as needed. Mayor Pe~a stated he didn't object to separating the tax issues and allowing the citizens to decide on one or both. He supported moving forward with public education and community outreach, as well as a citizens advisory committee. City Council Minutes 13 September 18, 2001 Council Member Sniff suggested asking people to apply for the citizens advisory committee and Council making the final selections. Council concurred. Council Member Henderson suggested not having a sunset clause on the fire component. Council Member Sniff supported placing a sunset clause on both components and Mayor Pe~a concurred. Mr. Genovese asked if Council wanted updated figures for fire and police for 10 years, or the $1.6 million amount for police. He also asked about the term of the sunset clause. Mayor Pe~a requested staff come back with a report on both the 10 year projection and the $1.6 million amount. After a brief discussion, Council concurred on a sunset clause of 10 ten years. Mr. Genovese noted all education and promotional material would be approved through the City Attorney's office prior to distribution. Mr. Hartung confirmed a budget amount not to exceed $25,000 for education. In response to Mayor Pe~a, Mr. Genovese confirmed the City will immediately seek applications for the Citizens Advisory Committee. REPORTS AND INFORMATIONAL ITEMS Palm Springs Desert Resorts Convention & Visitors Authority -- Council Member Henderson advised the City should be receiving a letter soon from the Director, Mike Fife, offering to give a presentation at a City Council meeting on the CVA's plan to refocus their marketing area. CVAG Energy & Environment Committee -- Council Member Sniff reported the Energy & Environment Committee will be holding a special meeting with CVAG's Executive Committee on September 24th regarding the electrical energy issue. C.V. Mosquito & Vector Control District -- Council Member Perkins reported all of the District's vehicles have new graphic treatments. City Manager Genovese advised La Quinta City vehicles will soon have new graphics as well. City Council Minutes 14 September 18, 2001 Palm Springs International Airport Commission -- Robert Tyler reported the airport has undergone many security changes as a result of the recent terrorist acts but is now open for business. All other reports were noted and filed. DEPARTMENT REPORTS In response to Council Member Sniff, Mr. Vogt advised Granite Construction has been notified to begin maintenance on the village parking lot. Council Member Perkins commented on the need to clean the area in front of the liquor store and Council Member Sniff noted there's also a parking problem because people are still parking their vehicles at the curb in front of the store. A brief discussion ensued regarding placement of the benches on Calle Estado. Council Member Perkins suggested benches be placed at the fountain plazas at each end of the street. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING HUMANITARIAN SUPPORT FOR VICTIMS IN NEW YORK AND THE PENTAGON. Council Member Sniff proposed sending a modest amount of financial aid in support of the victims in New York and the Pentagon and to ask the New York Mayor's Office for a recommendation. He asked that the matter be placed on the next Council agenda for consideration. Council Member Perkins agreed with contacting the New York Mayor's Office for a recommendation and stated he would support an amount not to exceed $5,000. Council Member Henderson noted the U.S. Government is providing financial aid in that situation and that La Quinta is going to be seriously impacted by the circumstances surrounding that tragedy. She stated she may be able to support a small amount through the Community Services Grant Program but couldn't support $5,000. City Council Minutes 15 September 18, 2001 After a brief discussion, Council concurred to direct staff to contact Mayor Giuliani's office in New York for a recommendation as to the most appropriate place to make a donation and to place the matter on the next Council agenda. 2. DISCUSSION REGARDING VALLEYWIDE ANIMAL CAMPUS. Council Member Adolph stated he felt the County should be involved in upgrading the Indio Animal Shelter and that the cities should do what they can to help. He also voiced disappointment that the City would not be participating in the development of a Valleywide Animal Campus nor leaving the door open for financial aid in the future. 3. DISCUSSION REGARDING BERM HEIGHTS. Council Member Adolph voiced the need for restrictions on berm heights. Council Member Henderson pointed out the issue could be brought up Wednesday during the meeting on the General Plan. Council recessed to and until 7:00 p.m. 7:00 P.M. PUBLIC COMMENT Rod Royer, 51-990 Avenida Juarez, asked the City's assistance in resolving a harassment problem in his neighborhood regarding tenants of the property owned by Al Pina at 51-984 Avenida Madero. Isabel Lujan, 51-975 Avenida Juarez, spoke regarding the same vandalism and harassment problem and asked the City for help. Therese Gigon, 51-990 Avenida Madero, stated she lives next door to Mr. Pina's property and that her property has been fired upon with an AK47. She stated she has constructed a fence for protection between the two properties but has been notified by the City that the fence is not in compliance with City Code. She is willing to remove the fence if something can be done about the harassment situation. City Council Minutes 1 6 September 18, 2001 Barbara Barba, 48-806 Andorra Street, Indio, read a letter from Robert Stewart at 48-641 Gibralter regarding his opposition to the left-turn movement at Corsica Gate and Jefferson Street being closed, as well as the dangerous conditions on Jefferson Street due to lack of proper signage. Ms. Barba voiced her opposition as well to the no left-turn movement and her concern regarding the flashing traffic signals at Jefferson Street and Avenue 48. Jerry Barba, 48-806 Andorra Street, Indio, also spoke in opposition to the left-turn movement being closed and questioned La Quinta's determination that the movement is unsafe. He stated Indio has agreed to install a traffic signal, if necessary, to allow the left-turn movement. In response to Mayor Pe~a, City Manager Genovese confirmed a report on the meetings with Indio will be on the next Council agenda and noted, for clarification, that it was Indio's study that determined the left-turn movement was unsafe. He also confirmed La Quinta has no control regarding the completion of work at Avenue 49 and Jefferson due to issues between the City of Indio and CVWD. City Attorney Jenson advised La Quinta is working with CVWD regarding the L3 pump station on Jefferson Street but noted the MOU between La Quinta, Indio, and CVAG requires Indio to acquire the right-of-way. Dale Duranceau, 80-114 Barcelona, Indio, questioned the left-turn movement being a safety hazard and suggested reducing the speed limit on Jefferson Street between Avenue 48 and Avenue 49 to assist in resolving any safety concerns. He felt there may be some safety issues with emergency vehicles not being able to exit south onto Jefferson Street from Corsica Gate. PRESENTATIONS - None PUBLIC HEARINGS 1. PUBLIC HEARING TO CERTIFY A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2001-418, AND A REQUEST TO CHANGE THE ZONING DESIGNATION TO LOW DENSITY RESIDENTIAL (ZC 2001-100) AND THE GENERAL PLAN DESIGNATION TO LOW DENSITY RESIDENTIAL (GPA 2001-077) WITHIN THE SPHERE OF INFLUENCE OF THE CITY OF LA QUINTA FOR SUBSEQUENT ANNEXATION FOR APPROXIMATELY 240 ACRES, BOUNDED ON THE NORTH BY AVENUE 52, ON THE EAST BY MONROE STREET, ON THE SOUTH BY AVENUE 53, AND EAST OF THE EXISTING CITY LIMITS. APPLICANT: NRI, LA QUINTA LIMITED PARTNERSHIP. Mayor Pe~a noted the developer has requested a continuance to November 6, 2001. City Council Minutes 17 September 18, 2001 MOTION - It was moved by Council Members Sniff/Henderson to continue the public hearing for the applications filed by NRI, La Quinta Limited Partnership to November 6, 2001. Motion carried unanimously. MINUTE ORDER NO. 2001-131. 2. PUBLIC HEARING ON TENTATIVE PARCEL MAP 28334, AMENDMENT NO. 2 AND SITE DEVELOPMENT 97-608, AMENDMENT NO. I - TO AMEND CONDITIONS OF APPROVAL PERTAINING TO REQUIRED OFF-SITE STREET IMPROVEMENTS ON EISENHOWER DRIVE FOR PROPERTY LOCATED ON THE EAST SIDE OF EISENHOWER DRIVE APPROXIMATELY 220 FEET SOUTH OF AVENUE 50. APPLICANT: KSL RECREATION CORPORATION AND ITS ASSIGNS. The Mayor declared the PUBLIC HEARING OPEN at 7:50 p.m. Community Development Director Herman presented the staff report. Chris Bergh, 79-799 Old Avenue 52, of MDS Consulting and representing the applicant, stated they are in agreement with the conditions of approval. Mr. Herman explained the amendment is necessary to be consistent with the conditions of approval on Tentative Tract Map 30125. Mayor Pe~a noted the City will be responsible for widening Eisenhower Drive north of the bridge to the end of the lake and KSL will improve the area from the lake to Avenue 50. The bridge widening will be funded through the Developer Impact Fee sometime in the future. There being no other requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 8:32 p.m. RESOLUTION NO. 2001 - 113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AMENDMENT TO REQUIRED OFF-SITE STREET IMPROVEMENTS ON EISENHOWER DRIVE FOR TENTATIVE PARCEL MAP 28334, AMENDMENT NO. 1, WHICH CREATES THREE PARCELS (KSL RECREATION CORPORATION AND ITS ASSIGNS). It was moved by Council Members Henderson/Adolph to adopt Resolution No. 2001-11 3 as submitted. Motion carried with Council Member Sniff voting NO. City Council Minutes 18 September 18, 2001 RESOLUTION NO. 2001 - 114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AMENDMENT TO THE EISENHOWER DRIVE OFF-SITE STREET IMPROVEMENT REQUIREMENTS (SITE DEVELOPMENT PERMIT 97-608, AMENDMENT NO. 2 - KSL RECREATION CORPORATION AND ITS ASSIGNS). It was moved by Council Members Adolph/Henderson to adopt Resolution No. 2001-11 4 as submitted. Motion carried with Council Member Sniff voting NO. 3. PUBLIC HEARING ON TENTATIVE TRACT MAP 30125 TO ALLOW THE RECONFIGURATION OF 21 RESIDENTIAL LOTS TO ENCOMPASS ORIGINALLY APPROVED OPEN SPACE LOCATED AT THE SOUTHEAST CORNER OF EISENHOWER DRIVE AND AVENUE 50. APPLICANT: KSL LAND CORPORATION. The Mayor declared the PUBLIC HEARING OPEN at 8:35 p.m. Community Development Director Herman presented the staff report. In response to Council Member Adolph, Mr. Herman confirmed the open space will become part of the yard area for each of the lots. As for the perimeter, the six-foot high wall will be constructed on a minimal-height berm. Chris Bergh, 79-799 Old Avenue 52, of MDS Consulting and representing the applicant, explained the new developer prefers a block wall type rear yard instead of the open yard proposed by the previous developer. There being no other requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 8:43 p.m. RESOLUTION NO. 2001 - 115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ALLOWING THE RECONFIGURATION OF 21 RESIDENTIAL LOTS TO ENCOMPASS ORIGINALLY APPROVED OPEN SPACE ON THE SOUTHEAST CORNER OF EISENHOWER DRIVE AND AVENUE 50 (TENTATIVE TRACT MAP 30125, AMENDMENT NO. I - KSL LAND CORPORATION). It was moved by Council Members Sniff/Adolph to adopt Resolution No. 2001-115 as submitted. Motion carried unanimously. City Council Minutes 19 September 18, 2001 4. PUBLIC HEARING TO AMEND THE SPECIFIC PLAN TO ALLOW PARKING LOT LIGHTING FIXTURES INSTEAD OF BOLLARD LIGHTING SO AS TO MEET THE CITY'S ZONING CODE PARKING LOT LIGHTING STANDARDS. APPLICANT: LA QUINTA ARTS FOUNDATION. Mayor Pe~a and Council Member Perkins abstained due to a potential conflict of interest and left the dais. The Mayor Pro Tem declared the PUBLIC HEARING OPEN at 8:45 p.m. Planning Manager di Iorio presented the staff report. In response to Council Member Henderson, Ms. di Iorio explained the City does not have a lighting consultant but there was optimism when the Specific Plan was approved that the City's lighting requirements could be met with bollard lighting. In response to Council Member Adolph, Ms. di Iorio advised both the applicant and the Laguna de la Paz Homeowners Association have individual lighting consultants. As for the approved lighting plan for the Palmer Restaurant, she stated it included 12-foot high light poles with shields so as not to illuminate past the property line. She noted the light standard heights for the Omri and Boni Restaurant were similar. Council Member Adolph stated he didn't feel the planter areas at the Arts Foundation would accommodate sufficient landscaping to help soften the lighting. In response to Council Member Sniff, Ms. di Iorio advised the lighting consultant hired by the homeowners association recommends bollard lighting and the lighting consultant hired by the Arts Foundation recommends 18-foot high light fixtures. Frank Delaney, 3801 University Avenue, Riverside, representing the applicant, gave a brief presentation on the applicant's request and referenced the lighting study conducted by their lighting consultant, Mr. Raya, of MRC Associates. He felt the lighting system proposed by the homeowners association's lighting consultant would further exacerbate the problem. He urged Council to approve the applicant's request and stated a delay of the application would potentially eliminate upcoming events planned by the Arts Foundation. Ralph Raya, 1255 East Ramon Road, Palm Springs, of MRC Associates, lighting consultant for the applicant, explained why he felt bollard lighting would not City Council Minutes 20 September 18, 2001 meet City standards and would create a liability problem for the Arts Foundation. He further explained bollard lighting is specifically used to illuminate pedestrian walkways and gathering places and its normal 42-inch height is intended to ensure that the viewing angles of pedestrians or vehicles are above the source so as not to create glare. He stated due to the parking lot being in a retention basin, the height was increased to go on a concrete base and that elevates the position of the light source into a viewing zone. The bollard lighting originally selected by the Arts Foundation meets the candle power requirements of the City but the ratio of light creates hot spots and requires more than 196 bollards to achieve the required lighting. His opinion was that bollard lighting is not intended to be mounted at 6~ feet and that it would not meet City standards. In response to Mayor Pro Tem Sniff, Mr. Raya stated he started discussing lighting alternatives with the Arts Foundation approximately three months ago when he determined bollard lighting would not work. He reported the Arts Foundation is proposing a flat lens, 100-watt high pressure sodium lamp (amber light) to minimize the contrast between the lighting and the surrounding residential environment and dark hillside. The proposed lighting will provide zero light above 90 degrees and no readable light off the property, which is a minimum of 100 feet away from the nearest light fixture. He felt a reduction in light pole height would result in insufficient lighting and noted the light fixtures at the church property are tilted up to illuminate the area because the light poles are too Iow. He then reviewed application of the proposed lighting fixture (shoebox lighting) at various parking lots throughout the valley and noted the poles become less distracting with trees and landscaping. He stated the 18-foot high poles extend 4 to 5 feet above the line of sight. Council Member Adolph asked if bollard lighting would illuminate the walking areas if placed at the ends of the planters and one in the middle. Mr. Raya stated that Option would eliminate parking spaces. He didn't feel placing the bollard light fixtures in the center would distribute sufficient lighting between vehicles and felt the lack of lighting in drive areas combined with the glare from hot spots of the bollard lighting would make it difficult for pedestrians to be seen. Council Member Adolph noted vehicle speed should not be a problem in the parking lot and that vehicles backing up should have their lights on at night. He referred to the auto mall lighting and questioned how much illumination would be needed in this parking lot. City Council Minutes 21 September 18, 2001 Mr. Raya stated the auto mall metal halide lighting is 50 to 80 footcandles whereas the proposed lighting is an average 1.25 footcandles. Council Member Adolph stated he prefers soft metal halide lighting and hopes something can be done with Iow-level lighting in this parking lot. Council Member Henderson asked Mr. Raya if he could put together an acceptable lighting plan if there was a deviation from City standards. She noted the Specific Plan was approved with a deviation from standard-width parking stalls and driving lanes due to the anticipation of a safer parking environment resulting from traffic-directing assistance at events. Mr. Raya stated he could not produce a lighting plan with bollard lighting that would not create glare. He also felt reduction of 2 to 3 feet for the light fixtures would result in poor lighting and glare. In response to Council Member Henderson, Ms. di Iorio confirmed the project is required to plant trees along Washington Street and the perimeter of the Laguna de la Paz development. She stated each drive aisle is required to have five 1 ~-2 inch diameter trees with two trees at each end. In response to Council Member Adolph, Mr. Raya stated the planter areas are 5 to 6 feet wide. Marie Bochnewich, 74-399 Highway 1'11, Palm Desert, attorney for Laguna de la Paz Homeowners Association, noted the applicant's proposed lighting plan will reduce their lighting costs by one third. She referred to a computer- generated drawing of how the site will look with 18-foot high light poles and commented on its similarity to a Wal-mart parking lot. She advised their lighting consultant believes bollard lighting can be used in this project and meet City standards. She stated he feels gem bollard lighting can be used without generating discomfort or disability glare. They believe the 18-foot high light poles will extend 9 feet above the line of sight. She suggested the two lighting consultants get together with staff to find a bollard lighting fixture that will resolve this problem. She further suggested the Arts Foundation use temporary lighting for their upcoming event in order not to rush a decision on this issue. Hugo Podhzarsky, 695 S. Roxbury Drive, Palm Springs, of Dream Engineering and representing the homeowners association, reviewed photometric layouts for the originally-proposed bollard lighting, the Art Foundation's proposed shoebox lighting, and the gem bollard lighting. He stated they believe gem bollard lighting will comply with City standards and not produce glare. In response to City Council Minutes 22 September 18, 2001 Mayor Pro Tem Sniff, he stated the gem bollard layout'contains 291 bollards at 6 ¥2 feet high. Dean Phelps, 48-115 Calle Seranas, spoke in opposition to the applicant's request and stated he feels it's more of a cost issue. He also questioned the bollard lighting causing glare. Ken Von $chnabl, 48-567 Via Amistad, stated he is opposed to the 18-foot high light poles and voiced concern about light spillage onto his property. Carolyn Todd, 48-649 Paseo Tarazo, stated she supported the Arts Foundation when the project was approved last year because she felt it was a classy organization that was committed to building an aesthetically-pleasing property. She now fears those who opposed the project at that time because of concern it would reduce property values and become a frequent nuisance were correct. She questioned why the lighting problem was not known earlier and stated she felt the tall light poles will not only be detrimental to Laguna de la Paz but to the Arts Foundation property and the Washington Street corridor as well. She urged Council to deny the applicant's request and suggested using lights similar to the new lights in the village. Ed Propersi, 48-233 Calle Floristas, stated he was "pro" Arts Foundation until this issue came up but now feels deceived and believes the Planning Commission was deceived. He understood from an Arts Foundation representative that they plan to bring in telescope lighting to illuminate the back area for the November event. He felt it seems like the Arts Foundation tells the City what it is going to do and questioned that being proper business practices for a well-planned City. Council Member Henderson noted the November event is scheduled to conclude by 5:00 p.m. Robert Cox, 78-315 Crestview Terrace, stated he feels the proposed lighting plan is atrocious and expressed a desire to retain what night sky is left in his neighborhood. Alfred Krome, 48-235 Vista de Nopal, stated he is supportive of the Arts Foundation but opposed to parking-lot-type lights along Washington Street. He felt it would be detrimental to the project and the City as a whole and questioned how the project got this far in the process without an approved lighting plan. He noted the City makes exceptions for various reasons and urged Council to consider the intent of the project and approve bollard lighting on that basis. City Council Minutes 23 September 18, 2001 John Vestry, 48-615 Paseo Tarazo, stated he was disappointed with the Arts Foundation's request and was concerned they are becoming a bad neighbor. He felt their lighting proposal would reduce property values and he voiced disappointment that the City approved the project without an adequate lighting plan in place. He urged Council to deny the applicant's request and to insist that a sufficient number of bollard lighting fixtures be installed to comply with City codes. Mr. Raya stated he believes the issue is not cost but rather failure to comply with City code and safety. He felt the bollard lighting proposed by Dream Engineering, which is equivalent to five 100-watt table lamps, will create glare. He didn't feel the lighting industry ever contemplated bollard lighting fixtures being mounted above 44 inches. He "guaranteed" the installation of nearly 300 light fixtures as proposed by Dream Engineering at eye level or above will produce glare and that it will be more distractive to passing motorists than 18-foot high light poles with high pressure sodium lamps. He stated independent photometric studies have proven that the lighting he recommends does not put light into adjoining properties. He encouraged a demonstration to show the difference between the two proposed types of lighting. John Strong, 48-226 Calle Floristas, President of Laguna de la Paz Homeowners Association, noted the bollard lighting would be shielded from Washington Street by a 9-foot high berm. Phillip Ruben, 48-214 Calle Floristas, stated he didn't feel bollard lighting would have been proposed and approved for this project if the manufacturers didn't intend for that type of fixture to be used in that manner. He believed the Arts Foundation held off on the lighting issue previously because they knew it would raise objections and he questioned them being a good neighbor. Mr. Krome noted if trees will shield the 18-foot high light poles they will also shield the light, whereas Iow-level lighting will not. Nancy Erickson, 48-557 Via Encanto, stated she felt there was some room for compromise and willingness to look at alternatives in Mr. Raya's final remarks. She believed a viable solution would be found if the "experts" work together on this and asked Council to give the parties involved time to find a compromise. There being no further requests to speak, the Mayor Pro Tem declared the PUBLIC HEARING CLOSED at 9:38 p.m. Council Member Henderson voiced regret that the Arts Foundation's lighting problem has resulted in a level of mistrust by the residents of Laguna de la Paz. City Council Minutes 24 September 18, 2001 She didn't wish to question the differing expert opinions and suggested the possibility of the City hiring its own expert. She felt there may be a need to modify the Specific Plan with a deviation from the City's lighting standards and suggested at least a two-week continuance to give the lighting experts an opportunity to try to resolve this issue. She stated she supports the Arts Foundation project and didn't want to ruin it aesthetically by approving 1 S-foot high light poles. Council Member Adolph stated he would like to know how a two-week continuance would affect the project. He voiced opposition to "high-rise" light poles and expressed a preference for Iow-level lighting. He agreed a deviation from the City's lighting standards might help resolve the issue and that bollard lighting might be the way to go. Mayor Pro Tem Sniff stated he preferred 'not t° modify the City standards but he didn't have a problem with a two-week continuance and requesting that the applicant, Laguna de la Paz Homeowners Association representatives, and their lighting consultants meet with City staff to try to work out an acceptable solution. He wasn't supportive of 18-foot high light poles. City Attorney Jenson recommended the public hearing be re-opened prior to a continuance. The Mayor Pro Tem RE-OPENED THE PUBLIC HEARING at 9:49 p.m. MOTION - It was moved by Council Members Henderson/Adolph to continue the public hearing on the Specific Plan amendment for the La Quinta Arts Foundation to October 2, 2001, and direct staff to consult with a third-party lighting consultant for an unbiased opinion on the lighting issue and to meet with representatives of the Arts Foundation and the Laguna de la Paz Homeowners Association to work out an acceptable compromise. Assistant City Manager Weiss noted it may be difficult to retain a lighting consultant in such a short period of time. Motion carried with Mayor Pe~a and Council Member Perkins ABSENT. MINUTE ORDER NO. 2001 - 132. Council recessed to the Redevelopment Agency meeting. Council reconvened and recessed to the Financing Authority meeting. City Council Minutes 25 September 18, 2001 Council reconvened and recessed to Closed Session as delineated on Page 1. Council reconvened and The City Attorney announced the City Council has authorized entering into a settlement agreement regarding Closed Session Item No. I and that the document will be available for inspection in the City Clerk's Office after execution. ADJOURNMENT There being no further business, the meeting was adjourned. Respectfully submitted, JUNE S. GREEK, City Clerk City of La Quinta, California