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2002 07 16 CC Minutes LA QUINTA CITY COUNCIL MINUTES JULY 16, 2002 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 - None Council recessed to Redevelopment Agency 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 Robert Tyler, 44-215 Villeta Drive, commented on the Iow golf fees at a public golf course in Arizona. CONFIRMATION OF AGENDA City Manager Genovese referenced additional correspondence related to Business Item No. 5, and noted a correction to Consent Item No. 9 has been distributed to Council. MOTION - It was moved by Council Members Sniff/Adolph to approve the agenda as submitted. Motion carried unanimously. ANNOUNCEMENTS - None PRESENTATIONS- None City Council Minutes 2 July 16, 2002 WRITTEN CORRESPONDENCF - None APPROVAL OF MINUTES Council Member Henderson noted a correction to Page 5, Paragraph 5 (change CVRPD to School District). MOTION - It was moved by Council Members Sniff/Adolph to approve the City Council Minutes of June 20, 2002, as amended. Motion carried unanimously. MOTION - It was moved by Council Members Henderson/Sniff to approve the City Council Minutes of July 2, 2002, as submitted. Motion carried with Mayor Pe~a ABSTAINING. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED JULY 16, 2002. 2. TRANSMITTAL OF TREASURER'S REPORT DATED MAY 31, 2002. 3. TRANSMITTAL OF REVENUE & EXPENDITURES REPORT DATED MAY 31, 2002, AND INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING JUNE 30, 2002. 4. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY DEVELOPMENT DIRECTOR AND ONE STAFF MEMBER TO ATTEND THE STATE WIDE AMERICAN PLANNING ASSOCIATION CONFERENCE TO BE HELD IN SAN DIEGO, CALIFORNIA, OCTOBER 6-9, 2002. 5. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE FINANCE DIRECTOR AND TWO MEMBERS OF THE INVESTMENT ADVISORY BOARD TO ATTEND THE 2002 LOCAL AGENCY INVESTMENT FUND (LAIF) CONFERENCE SEPTEMBER 12-13, 2002, IN SACRAMENTO, CALIFORNIA. 6. DENIAL OF CLAIM FOR DAMAGES FILED BY ANGELA QUINTANA, DATE OF LOSS: MAY 9, 2002. 7. DENIAL OF CLAIM FOR DAMAGES FILED BY WILFRED HUERTA, DATE OF LOSS: JANUARY 1, 2002. City Council Minutes 3 July 16, 2002 8. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 30357, MOUNTAIN VIEW COUNTRY CLUB. (RESOLUTION NO. 2002-108) 9. ADOPTION OF A RESOLUTION SUPPORTING MEASURE A. (RESOLUTION NO. 2002-109) (correction noted under Confirmation of Agenda) MOTION - It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as recommended and amended (Consent Item No. 9) and with Item Nos. 8 and 9 being approved by RESOLUTION NOS. 2002-108 through 2002-109 respectively. Motion carried unanimously. MINUTE ORDER NO, 2002-92. BUSINESS SESSION 1. CONSIDERATION OF A RESOLUTION APPROVING THE FISCAL YEAR 2002/2003 CITY OF LA QUINTA BUDGET AND ESTABLISHING THE CITY'S APPROPRIATION LIMIT. Finance Director Falconer presented the staff report. Council Member Henderson stated she was pleased to see fire and police services broken out in the General Fund Expenditures pie chart. Council Member Adolph stated he will support the budget but does not support the reduction in the Special Projects Contingency Account. He is concerned it will result in having to pull money out of the General Fund Reserves. Mayor Pe~a stated he was pleased with the changes and noted there is an increase to police services. Council Member Henderson asked what percentage was used in the Five-Year Forecast for projected growth in sales tax? Mr. Falconer responded approximately 2%. She noted it is a very conservative growth projection. In response to Council Member Adolph, Mr. Falconer stated the Continuing Appropriations/Encumbrances chart will be broken down in several pages in the future to be more legible. Council complimented staff on the budget documents. City Council Minutes 4 July 16, 2002 RESOLUTION NO. 2002-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ESTABLISHING THE CITY'S APPROPRIATION LIMIT FOR FISCAL YEAR 2002/2003 AND APPROVING A BUDGET FOR FISCAL YEAR 2002/2003. It was moved by Council Members Sniff/Adolph to adopt Resolution No. 2002-110 as submitted. Motion carried unanimously. MOTION - It was moved by Council Members Sniff/Adolph to receive and file the Five-Year Resource Allocation Plan. Motion carried unanimously. MINUTE ORDER NO. 2002-93. 2. CONSIDERATION OF AN APPOINTMENT TO THE COACHELLA VALLEY ECONOMIC PARTNERSHIP EXECUTIVE BOARD. There were no changes to the staff report as submitted and on file in the City Clerk's Office. Michael Bracken, of Coachella Valley Economic Partnership (CVEP), gave a brief presentation on the purpose of the Executive Board. Mayor Pe~a volunteered to serve on the Board. MOTION - It was moved by Council Members Sniff/Henderson to appoint Mayor Pe~a to serve on the Coachella Valley Economic Partnership Executive Board. Motion carried unanimously. MINUTE ORDER NO. 2002-94. 3. CONSIDERATION OF SELECTION OF A VOTING DELEGATE AND AN ALTERNATE TO THE LEAGUE OF CALIFORNIA CITIES ANNUAL BUSINESS MEETING, OCTOBER 2-5, 2002. 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/Pe~a to appoint Council Member Henderson to serve as the voting delegate and Council Member Adolph as alternate at the League of California Cities Annual Business Meeting. Motion carried unanimously. MINUTE ORDER NO. 2002-95. City Council Minutes 5 July 16, 2002 4, CONSIDERATION OF RESOLUTIONS AUTHORIZING THE LEVY OF A FIRE PROTECTION SERVICES SPECIAL TAX AND CALLING AN ELECTION THEREON FOR THE GENERAL ELECTION OF NOVEMBER 5, 2002, AND RELATED ACTIONS REGARDING COUNTY ELECTION SERVICES, BALLOT ARGUMENTS, AND IMPARTIAL ANALYSIS. Building & Safety Director Hartung presented the staff report. In response to Council Member Sniff, Mr. Hartung confirmed the proposed special tax does not have a sunset clause and includes a maximum 3% inflation clause, which will be decided by Council on an annual basis. The assessment for each residence is $85 and the commercial rate is based on acreage. In response to Council Member Henderson, Mr. Hartung stated the special tax will provide a third firefighter at each of the three stations in addition to a two- person paramedic squad, for a total of five additional persons on duty at any given time. In response to Council Member Henderson, City Attorney Jenson confirmed "enhanced" can be added to the ballot language in the resolutions. Council concurred with the additional language. In response to Council Member Sniff, Mr. Hartung stated paramedic services would be provided 24 hours a day. John McLaughlin, member of the Citizens for Measure B Committee, stated a two-person paramedic squad will require a total of six people to cover a 24-hour period. In response to Council Member Henderson, Mr. McLaughlin confirmed 15 people are required to cover a 24-hour period for 5 firefighter/paramedic positions. Council Member Henderson stated she felt it's important to get that information out to the public so they will understand how many additional fire personnel will be added. In response to Council Member Sniff, Mr. McLaughlin stated Riverside County Fire Department has a list of people seeking fire services employment. As for paramedics, that list depletes quickly because of the demand and it could take three to six months to get paramedics on board. He understood money has been budgeted to purchase additional fire vehicles. He confirmed having a third person on each fire engine as a firefighter/paramedic would provide for a City Council Minutes 6 July 16, 2002 paramedic on site when the fire engine arrives. He noted two paramedics are more effective because they assist each other. He stated American Medical Response (AMR) will continue to provide transportation to hospitals. In response to Council Member Sniff, Mr. Hartung stated AMR has the exclusive franchise to provide emergency medical transportation in Riverside County. He stated they will retain that right until such time as they decide they do not want to provide the service or they fail to perform to County EMS standards. In response to Council Member Adolph, Mr. McLaughlin stated the volunteer firefighters can transport patients in their vehicle in critical emergency situations where there is a delay in AMR's service. Robert Cox, 78-315 Crestview Terrace, spoke in support of placing the special tax on the ballot. He stated having a third person on each fire engine increases efficiency by approximately 75%. He explained under the current situation when two firefighters arrive on the first fire engine they are not allowed to go inside a burning building to look for people, unless they know someone is inside, until the third engine arrives for a total of six people onsite to handle the fire. With three people on each engine they will be able to move forward as soon as the second fire engine arrives. Council Member Sniff stated he supports placing the measure on the ballot and commented on the importance of getting information out to the public. He prefers including a sunset clause for the tax but will support it as presented if that is what Council wants. Council Member Perkins stated he couldn't support a sunset clause on a fire safety tax because it is an ongoing need. He felt the key to success in getting the measure passed is helping the community understand the need and what the tax will accomplish. Council Member Henderson stated she usually supports sunset clauses but in public safety and employment contract situations it would make future projections almost impossible. Mayor Pe~a stated he feels the special tax is essential to public safety and supports placing it on the ballot. He agreed it's essential to educate the community on the need for the tax. Ms. Jenson recommended the language in Section 3.10.030 of Exhibit A (Initiative Ordinance) be modified to read, ". ..... operating, maintaining, and enhancing fire protection .... " City Council Minutes 7 July 16, 2002 Council concurred. RESOLUTION NO. 2002-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2002, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF SAID CITY, INITIATIVE ORDINANCE NO. 2002-1, AUTHORIZING THE LEVYING OF A SPECIAL TAX UPON EACH PARCEL IN THE CITY FOR FIRE PROTECTION AND PARAMEDIC SERVICES. It was moved by Council Members Adolph/Sniff to adopt Resolution No. 2002-111 as amended (modifying the ballot language to read, "....to fund enhanced fire protection and paramedic services ..... "; and modifying Section 3.10.030 of Exhibit A (Initiative Ordinance) to read, ". ..... operating, maintaining, and enhancing fire protection .... "). Motion carried unanimously. RESOLUTION NO. 2002-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2002, It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2002-112 as submitted. Motion carried unanimously. RESOLUTION NO. 2002-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS. It was moved by Council Members Sniff/Adolph to adopt Resolution No. 2002-113 as amended (modifying the ballot language to read, "....to fund enhanced fire protection and paramedic services ..... "). Motion carried unanimously. City Council Minutes 8 July 16, 2002 RESOLUTION NO. 2002-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURE SUBMITTED AT MUNICIPAL ELECTIONS. It was moved by Council Members Sniff/Adolph to adopt Resolution No. 2002-114 as submitted. Motion carried unanimously. After a brief discussion, Mayor Pe~a volunteered to write the argument in support of the measure. MOTION - It was moved by Council Members Sniff/Henderson to appoint Mayor Pe~a to author the argument in support of the tax initiative and a rebuttal if needed. Motion carried unanimously. 5. CONSIDERATION OF AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE ALL STEPS NECESSARY TO EXECUTE THE CITY'S RIGHTS UNDER THE BONDS, INCLUDING THE INITIATION OF LITIGATION, AGAINST AMERICAN MOTORISTS INSURANCE COMPANY (BONDING COMPANY) AND BLP DESERT (LUNDIN DEVELOPMENT) AS NECESSARY TO COMPLETE IMPROVEMENTS FOR PARCEL MAP 29052. Interim Public Works Director Stephenson presented the staff report. Council Member Henderson referenced correspondence received from Lundin Development and asked if the regional sewer trunk line project was adopted after Lundin's specific plan was approved. Mr. Stephenson stated he didn't know when the size and location of the trunk line was determined but the need for a sewer line across the property at some time was recognized. Lundin was required to post over $100,000 in bonds for sewer improvements but the size and location had not been finalized at that time. Council Member Henderson asked if projects are typically required to install the size sewer needed to accommodate the project and any upgrade that is required by CVWD. Mr. Stephenson stated he believes the developer is responsible for installing a sewer consistent with the requirements of CVWD, including any upgrades, and City Council Minutes 9 July 16, 2002 would be subject to reimbursements for oversizing from projects that tie into the sewer upstream. Council Member Henderson stated she understood CVWD pays the cost difference for upgrading sewer lines. Mr. Stephenson stated CVWD was asked to front the money but they have indicated that their policy is to reimburse the costs as permits are issued for sewer installations. In response to Council Member Adolph, Mr. Stephenson confirmed the sewer configuration on Lundin's property was designed to accommodate an Albertson's store. He understood the sewer design has been completed and approved and noted a change at this time would cause further delays. Ron Schwartz, 40-032 Sagewood, Palm Desert, Managing General Partner of La Quinta Jefferson Fifty, stated his project lies between Rancho La Quinta and the Lundin Development. He stated an agreement was reached two years ago that the sewer system constructed on Rancho La Quinta's property would connect to a sewer system on his property and then connect to a sewer system in the Lundin Development project. He is ready to start the sewer system on his property but needs something to connect to on Lundin's property before his 103 residential lots can be developed. He stated he is not in a position to pay for the sewer system on Lundin's property. In response to Council Member Henderson, Mr. Schwartz stated he expects to start work on his sewer system in approximately 10 days and it will take about a month to complete. In response to Council Member Adolph, Mr. Schwartz confirmed Rancho La Quinta's has already laid their sewer pipe. He understood CVWD is willing to assign some of the credits to Rancho La Quinta or the Jefferson Fifty project that would otherwise be available to Lundin Development at a later date and Rancho La Quinta has indicated they can use the credits. However, the bottom line is that Jefferson Fifty is not in a position to advance the costs. He stated the pipe on his property will be approximately 20 feet deep. As for the berming, he stated the height is primarily due to the grading being consistent with the lots. Greg Bever, 16400 Pacific Coast Highway, Huntington Beach, of Lundin Development, spoke in reference to the sewer configuration on his property and explained CVWD required the sewer lines to go through the drive aisles and not under planter areas. City Council Minutes 10 July 16, 2002 Council Member Adolph pointed out the configuration could be a problem if another development besides Albertsons is built on the property. Mr. Bever stated he is willing to take the risk. He stated their specific plan was approved in 1998 and the idea for a regional trunk line didn't come up until a few years ago. He noted Section 2.50.1 of their specific plan indicates the sewer was expected to come from Jefferson Street, not Avenue 50, and that is what they understood they were agreeing to when they agreed to the bonds in the Subdivision Improvement Agreement. He questioned why Lundin Development should be responsible for fronting the costs of the sewer trunk line across their property and stated he had hoped the other developments would be willing to front the costs. Their discussions with Mr. Schwartz has continued but Rancho La Quinta has removed that option from the table. He stated at the present time they do not have a tenant nor financing because Albertsons has temporarily pulled back on the project. He urged Council not to call the bonds and allow more time for negotiations. It was his understanding that the sewer connection is not needed until the end of the year and the project can be completed in two or three weeks. In response to Council Member Adolph, Mr. Beve~ confirmed a sewer line exists in Jefferson Street but CVWD prefers that it not be used. In response to Council Member Perkins, City Attorney Jenson advised the developer is in default and the City has the legal right to call the bonds. She pointed out the need to verify the expiration date on the bonds should Council decide to allow an extension. Mr. Bever confirmed the bonds have been renewed and are current. Council Member Henderson spoke in support of authorizing staff to call the bonds in hopes that it will encourage the developer to work on this. Mr. Stephenson noted only $90,000 of the bond is needed and voiced concern that there will not be any progress without approval to call the bonds. Mayor Pe~a noted Council could authorize staff to call the bonds if there's no resolve on the issue within 30 days. Council Member Perkins stated he would like to see the parties resolve the issue with little interference by the City and suggested giving 30 or 60 days before calling the bonds. City Council Minutes 11 July 16, 2002 In response to Council Member Adolph, Mr. Stephenson stated he has some concern about the City's liability regarding Rancho La Quinta if the sewer system is delayed. He didn't feel the delay would be as crucial on Mr. Schwartz's project. In response to Council Member Sniff, Ms. Jenson explained the process of calling the bonds and noted the 60-day notice requirement has already been done. Mr. Stephenson stated typically when bonds are called, the bonding company hires a contractor to do the improvements. He added the City could consider an extension if Lundin Development secures financing for the sewer improvements but replacement bonds would then be needed for the balance of the project. MOTION - It was moved by Council Members Henderson/Sniff to authorize the City Manager and the City Attorney to take all steps necessary to execute the City's rights under the bonds, including the initiation of litigation against American Motorists Insurance Company (Bonding Company) and BLP Desert (Lundin Development) as necessary to complete improvements for Parcel Map 29052. Motion carried unanimously. MINUTE ORDER NO, 2002-96. 6. CONSIDERATION OF THE COMMUNITY SERVICES GRANT APPLICATION REQUIREMENTS. Community Services Director Horvitz presented the staff report. Council Member Adolph voiced concern about how the "non-consecutive" funding change would affect groups such as the Soap Box Derby and Soroptimist Club. He questioned how the requests would be separated and noted some, such as the Sheriff's Department, have requests for different items each year. Council Member Henderson suggested the possibility of facility use grant requests not being subject to the change. She felt the purpose of the change is to affect grant requests that are subjective. Council Member Sniff suggested limiting the grant request periods to two or three annually, setting a cap of ~2,000, allowing local service groups, such as the Soroptimist, to apply annually, and not advertising the grants. City Council Minutes 12 July 16, 2002 Council Member Henderson stated she would support two annual grant request periods, a $2,000 cap, and local service clubs being allowed grant requests for facility use. She also suggested grants over $1,500 require matching funds. Council Member Sniff stated he felt each grant request should be considered on a case-by-case basis in regards to matching funds. Council Member Perkins asked how requests from groups such as the Red Cross would be handled. Mayor Pe~a noted the Council is not prohibited from allocating money from the General Fund. Council Member Adolph stated he doesn't have a problem with the cap or with two grant request periods annually but he doesn't like taking money out of the General Fund Reserves, which is why he didn't support reducing the Special Projects Contingency Fund. Mayor Pe~a noted the initial purpose of the grants was to help small organizations get started and wasn't intended for annual funding. He has concerns about service organizations asking for funds that they should be able to get through their own members. Council Member Henderson noted the City is limited on places where service organizations can meet. Once meeting rooms become available in the City, she will support changing the policy for facility use. After a brief discussion about potential grant request periods, Council concurred on August and February. In response to Council Member Henderson, City Attorney Jenson stated there would be no legal problem having different criteria for service clubs in the City. MOTION - It was moved by Council Members Sniff/Henderson to approve the following changes to the funding requirements of the Community Services Grant Application: 1) $2,000 cap on funding requests; 2) two grant request periods (August and February); and consecutive fiscal year funding not allowed except for facility use requests by local service organizations. Motion carried unanimously. MINUTE ORDER NO. 2002-97. City Council Minutes 13 July 16, 2002 7. CONSIDERATION OF AN AMENDED CITY OF LA QUIN?A 2002/2003 MARKETING PLAN. Assistant City Manager Weiss presented the staff report. Council Member Sniff stated he supports the slogan "Visit La Quinta, Shop La Quinta, Play La Quinta, and Invest in La Quinta." He felt it's important to continue to make a major effort to market the City and its assets. He doesn't want to see everything that has been done go away. Council Member Adolph voiced concern about the total amount of the marketing budget and questioned the meaning of "right kind of businesses" on Page 8. In response to Council Member Henderson, Mr. Weiss confirmed the marketing budget components have increased with a shifting of dollars from other areas. The newsletter is a new item, otherwise, the monies are the same as before with some carryover funds from the previous year. Mayor Pe~a noted almost $100,000 was carried over last year from other areas of the budget. Council Member Henderson stated she supports taking a milder approach to residential growth and is ready to approve the marketing plan. Mayor Pe~a agreed and stated he supported the changes made to the document. MOTION - It was moved by Council Members Sniff/Henderson to approve the City of La Quinta 2002/2003 Marketing Plan as submitted. Motion carried unanimously. MINUTE ORDER NO, 2002-98. Council Member Sniff stated he felt a determination needs to be made at an early date as to who is going to do the work contained in the marketing plan. Mayor Pe~a suggested using the existing firm until a determination is made. In response to Council Member Henderson, Mr. Weiss stated four of the marketing firms have stayed in close contact and at least two have indicated a desire to amend the plan or to make their comments on how to implement it. He wasn't sure how the changes will affect their budgets. City Council Minutes 14 July 16, 2002 After a brief discussion, Council concurred to have the marketing proposals placed on the August 6 agenda. 8. CONSIDERATION OF A CHANGE ORDER PROPOSAL WITH MATICH CONSTRUCTION FOR MEDIAN MODIFICATIONS/STREET IMPROVEMENTS TO CONSTRUCT LEFT-TURN LANES ON WASHINGTON STREET AT LAKE LA QUINTA DRIVE AS PART OF THE WASHINGTON STREET REHABILITATION PROJECT. Interim Public Works Director Stephenson presented the staff report. He stated the St. Francis of Assisi Church and the Arts Foundation are working together on a reciprocal access easement, which would eliminate the existing Arts Foundation access and the frontage road. In response to Council Member Sniff, Mr. Stephenson confirmed the improvements will include conduit for a future traffic signal and that u-turns will be allowed at the intersection. Council Member Sniff voiced concern about allowing u-turns given the speed of traffic on Washington Street. He asked about the schedule of the improvements. Mr. Stephenson stated he didn't see a problem getting the improvements done in September and agreed night work makes a lot of sense. Council Member Perkins voiced concern about traffic being allowed to make left turns out of Via Marquessa onto Washington Street. He also questioned the stacking capacity of the left-turn pocket on Washington Street being sufficient. Council Member Henderson stated she felt most Lake La Quinta residents would use the signalized exits at Avenue 47 and Avenue 48. Council Member Perkins stated he felt a merging lane would make it safer. After a brief discussion, Council concurred to prohibit left turns out of Via Marquessa until a traffic signal is installed. Mr. Stephenson stated the temporary berm can be extended to prohibit left turns and signage will also be installed. Council Member Perkins stated he would feel better with a 200-foot stacking area in the left-turn pocket on Washington Street. City Council Minutes 15 July 16, 2002 Council Member Adolph questioned the left-turn pocket being used that much and noted extending the pocket will reduce the landscaping. Council Member Henderson agreed the local residents are not likely to use the left-turn pocket at Via Marquessa. MOTION - It was moved by Council Members Sniff/Adolph to approve a change order with Matich Construction for median modifications/street improvements as modified (no left turns allowed from Via Marquessa) to construct left-turn lanes on Washington Street at Lake La Quinta Drive, as part of the Washington Street Rehabilitation Project No. 2001-02. Motion carried unanimously. MINUTE ORDER NO, 2002-99. 9. CONSIDERATION OF A FUNDING REQUEST FOR THE PALM SPRINGS INTERNATIONAL AIRPORT ART PIECES. Community Services Director Horvitz presented the staff report and stated the City Attorney has advised the Art in Public Places Fund cannot be used for the art pieces at the airport. Council Member Henderson stated the Palm Springs International Airport Commission is also prohibited from using their funds because the site is not available to the general public. She didn't support taking funds from the General Fund for the art pieces. Council concurred. No action was taken. STUDY SESSION - None REPORTS AND INFORMATIONAL ITEMS League of California Cities-Riverside Division -- Council Member Henderson announced she has been reappointed to a four-year term at LAFCO. City Council Minutes 16 July 16, 2002 Santa Rosa/San Jacinto National Monument Advisory Committee -- Council Member Henderson stated the Committee is planning a National Monument second-year celebration in October and are encouraging cities to schedule individual celebration activities in each city. She felt the Cove Oasis would be an ideal location for an activity in La Quinta and noted the need for discussion on the issue. All other reports were noted and filed. DEPARTMENT REPORTS 9-A. YEAR ENDING 2001 REPORT/TRAFFIC COLLISIONS AND CITATIONS. Council Member Henderson complimented Sergeant Ammons on the traffic report and asked about the benefits of the data. Sergeant Ammons gave a brief report on how the data helps to direct enforcement efforts. Council Member Adolph commended Building & Safety Director Hartung on his report regarding Mr. Sanchez's letter. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING SOUND WALLS. Council Member Adolph suggested sound walls be part of the consideration when new developments in high traffic areas come before the City for approval. Council Member Perkins stated he felt the sound levels on Washington Street should be measured again when the Montero Estates sound wall is completed to find out what the wall has accomplished. In response to Council Member Henderson, Community Development Director Herman confirmed under the new General Plan, new projects are mitigated with noise studies to determine what wall size is needed to meet City standards. He added that is also why berms are used because the City has a six-foot wall restriction. City Council Minutes 17 July 16, 2002 In response to Council Member Adolph, Mr. Herman stated he feels comfortable that the current requirements for sound walls will not cause problems in the future. 2. DISCUSSION REGARDING COMPLETION OF OFF-SITE IMPROVEMENTS. Council Member Adolph commented about the tumbleweeds at Country Club of the Desert project and stated he felt the City should consider some type of timing device to get developers to do something with the street work. City Attorney Jenson advised the Subdivision Improvement Agreement sets forth requirements for such improvements and noted the Council recently approved an extension for the Country Club of the Desert improvements. Council Member Adolph stated he feels it's important to make sure the exterior work is done within a reasonable length of time. Mayor Pe~a stated he feels most developers get the work done in a reasonable length of time. Council Member Adolph noted Rancho La Quinta has left an area undone on Jefferson Street for several years. Council recessed to and until 7:00 p.m. 7:00 P.M. PUBLIC COMMENT Scott Nelson, 47-845 Bougainvillea, stated when he purchased his Miraflores home he was not told about the senior apartments being part of the development and that they would be using the same easements. He would not have purchased his home had he known and he asked the City to consider constructing a seParate easement on Jefferson Street for the apartments. * * -X- -)(- ~ * -~ * * * * City Council Minutes 18 July 16, 2002 Richard Boudreau, 46-395 Taurus Court, asked about the status of the sidewalk he requested be constructed between The Cliff House and the Point Happy development. He also spoke regarding the plans to construct a bike path around the back of Point Happy and asked that a feasibility study be done to determine whether or not it's going to be constructed because he has been conditioned to provide a large sum of money for his part of the construction. Council Member Perkins noted Indian Wells is constructing a bike path across the Whitewater Channel and agreed a bike path around the back of Point Happy is not the best location. He suggested the issue come back to Council. Mr. Boudreau also commented on the lack of response or delay to 911 calls at the restaurant. Mayor Pe~a advised staff will be in contact with him regarding the other issues and will look into the 911 calls. David Dom, owner of Ace Hardware spoke in opposition to the location of an elementary school at Calle Tampico and Eisenhower Drive. City Attorney Jenson advised the City does not have jurisdiction over the location of schools. Once the School District, which is a State agency, selects the school site, they are required to ask the Planning Commission to make a finding of consistency with the General Plan but are not bound to follow the finding. Mr. Dorn stated some of the property owners did not receive the Notice of Hearing from the School District. He added the School District is claiming the City doesn't have a problem with the school site. Council Member Henderson stated the Council did not approve the school but the City's Engineering staff did review and approve the site development plans. She noted the School District looked at property at the top of the Cove but didn't want to get into a political battle with the community over the environmental issues. She added the City considered sending out a survey to see if there would be public support for a golf course or school at that location but decided against it. She felt the survey should have been done. PRESENTATIONS- None City Council Minutes 19 July 16, 2002 PUBLIC HEARINGS 1. PUBLIC HEARING ON TENTATIVE TRACT MAP 29053, EXTENSION NO. 2, A REQUEST FOR A ONE-YEAR EXTENSION OF TIME FOR A TENTATIVE TRACT MAP CREATING 103 SINGLE FAMILY LOTS ON 33 + ACRES NORTHWEST OF THE INTERSECTION OF JEFFERSON STREET AND AVENUE 50. APPLICANT: LA QUINTA JEFFERSON FIFTY. The Mayor declared the PUBLIC HEARING OPEN. Community Development Director Herman presented the staff report. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED. In response to Council Member Henderson, Mr. Herman confirmed this is one of the projects to be connected to the sewer trunk line discussed earlier in the meeting. RESOLUTION NO. 2002-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SECOND ONE-YEAR EXTENSION OF TIME FOR TENTATIVE TRACT MAP 29053 ALLOWING 103 SINGLE FAMILY LOTS ON 33 NET ACRES (LA QUINTA JEFFERSON FIFTY). It was moved by Council Members Adolph/Sniff to adopt Resolution No. 2002-115 as submitted. Motion carried unanimously. 2. PUBLIC HEARING ON: 1) CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2002-455; 2) GENERAL PLAN AMENDMENT 2002-087, A REQUEST TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM NEIGHBORHOOD COMMERCIAL TO LOW DENSITY RESIDENTIAL FOR 10 ACRES; AND 3) TENTATIVE TRACT MAP 30521, A REQUEST TO SUBDIVIDE 43.6 _ ACRES INTO 147 SINGLE FAMILY AND OTHER MISCELLANEOUS LOTS LOCATED AT THE NORTHEAST CORNER OF WASHINGTON STREET AND MILES AVENUE. APPLICANT: LIDO EQUITY PARTNERS. __ The Mayor declared the PUBLIC HEARING OPEN. Community Development Director Herman presented the staff report. City Council Minutes 20 July 16, 2002 In response to Council Member Henderson, Mr. Herman explained the position of the fence as it relates to the gated and non-gated communities. In response to Council Member Adolph, Mr. Herman confirmed the homes on the six lots in the non-gated area will have to be compatible with the existing homes. He added the cul-de-sac at Bradford Circle is required by the City for fire truck maneuverability and the development is not required to provide recreational open space because of the City park. Mike Smith, 73-185 Highway 111, Palm Desert, of Warner Engineering, questioned Condition Nos. 87 and 88 of the Tract Map. He understood two- story units were only prohibited around the perimeter lots and noted the traffic calming concern was on Forbes Circle and this tract will not add to the traffic on that street. Council Member Adolph asked if the perimeter walls and landscaping would be completed as each phase is done. Mr. Smith stated he believes that is what the developer plans to do. In response to Council Member Henderson, Mr. Herman stated it is his understanding that the perimeter improvements will be done for the area abutting each phase. Steve Cameron, 44-420 Via Del Sol, requested a deceleration lane be placed on Washington Street at Via Sevilla. He stated the speed of traffic on Washington Street makes it difficult for vehicles to exit safely onto Via Sevilla, especially since nuisance water usually exists at the intersection. In response to Mayor Pe~a, Mr. Herman stated the setback on Washington Street is approximately 32 feet. Interim Public Works Director Stephenson advised a deceleration lane would preferably be a minimum of 14 feet wide. Mr. Cameron showed a drawing of the street with a deceleration lane and stated he had gone over the drawing with staff. He stated the utilities would not be affected by the lane. Mike Marix, of Cornerstone Developers, stated he didn't have a problem with including a deceleration lane. He also spoke regarding Condition No. 87 and stated he understood at the Planning Commission meeting that the condition City Council Minutes 21 July 16, 2002 was only for perimeter lots. They do not plan to build any two-story units but would like to retain the option for possible changes to the market. Council Member Henderson stated she also understood the condition was for perimeter lots. There being no other requests to speak, the Mayor declared the PUBLIC HEARING CLOSED. Council Member Perkins spoke in support of allowing two-story homes in the interior of the project and including a deceleration lane. Council concurred. Council Member Adolph thanked the developer for changing to a Iow density residential designation. Mr. Herman asked if the condition regarding perimeter lots would apply to all property lines. After a brief discussion, Council concurred to restrict Condition No. 87 to perimeter lots abutting Washington Street and Miles Avenue. Mr. Herman noted the other perimeters will be subject to the Zoning Code restrictions. Council further concurred to replace Condition No. 88 with a requirement to install a deceleration lane on Washington Street at Via Sevilla. RESOLUTION NO. 2002-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR A GENERAL PLAN AMENDMENT AND TENTATIVE TRACT MAP (EA 2002-455 - LIDO EQUITY PARTNERS). It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2002-116 as submitted. Motion carried unanimously. RESOLUTION NO. 2002-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 2002-087 FROM NEIGHBORHOOD COMMERCIAL TO LOW DENSITY RESIDENTIAL (LIDO EQUITY PARTNERS). City Council Minutes 22 July 16, 2002 It was moved by Council Members Sniff/Adolph to adopt Resolution No. 2002-117 as submitted. Motion carried unanimously. RESOLUTION NO. 2002-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF 43.6 ACRES INTO 147 RESIDENTIAL LOTS AND MISCELLANEOUS LOTS (TENTATIVE TRACT MAP 30521- LIDO EQUITY PARTNERS). It was moved by Council Members Adolph/Sniff to adopt Resolution No. 2002-118 as amended (restricting Condition No. 87 to perimeter lots abutting Washington Street and Miles Avenue and replacing Condition No. 88 with a requirement to install a deceleration lane on Washington Street at Via Sevilla.) Motion carried unanimously. 3. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION APPROVING THE SETTING AND PLACEMENT OF RESIDENTIAL WASTE COLLECTION AND SERVICE FEES ON THE TAX ROLLS FOR RESIDENTIALLY-DEVELOPED PROPERTY AND ADOPTION OF A RESOLUTION SETTING COMMERCIAL AND ROLL-OFF WASTE COLLECTION AND SERVICE FEES. The Mayor declared the PUBLIC HEARING OPEN at 7:48 p.m. Mr. T. J. Mulcahey questioned the need for a cost of increase since Waste Management has gone from two-man crews on the trash truck to one-man. Deborah McGarrey, representing Waste Management of the Desert, stated the move to automated trucks requiring only one-man, actually allowed the company to hold off on increases. She stated she was available to answer any questions the City might have. There being no further requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:54 p.m. RESOLUTION NO. 2002-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, SETTING THE SCHEDULE OF FEES AND CHARGES FOR THE COLLECTION, RECYCLING (AB 939), AND DISPOSAL OF RUBBISH AND GARBAGE FROM COMMERCIAL, CONSTRUCTION, AND INDUSTRIAL (ROLL- OFF) ESTABLISHMENTS AND CERTAIN RESIDENTIAL PROPERTIES (DIRECT BILL) WITHIN THE CITY (COMMERCIAL WASTE FEE SCHEDULE). City Council Minutes 23 July 16, 2002 It was moved by Council Members Sniff/Adolph to adopt Resolution No. 2002-119 as submitted. Motion carried unanimously. RESOLUTION NO. 2002-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR REFUSE COLLECTION AND RECYCLING SERVICES FROM RESIDENTIAL PROPERTIES WITHIN THE CITY PURSUANT TO LA QUINTA CHARTER AND MUNICIPAL CODE CHAPTER 6.04 (RESIDENTIAL WASTE FEE SCHEDULE). It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2002-120 as submitted. Motion carried unanimously. ADJOURNMENT There being no further business, it was moved by Council Members Sniff/Adolph to adjourn at 7:58 p.m. Motion carried unanimously. Respectfully submitted, JUNE S. GREEK, City Clerk City of La Quinta, California