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2003 07 01 CC Minutes LA QUINTA CITY COUNCIL ' - MINUTES JULY 1, 2..003 A regular meeting of the La Quinta City Council was called to order at the hour of 2:00 p.m. by Mayor Adolph. PRESENT: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph ABSENT: None PUBLIC COMMENT - None CLOSED SESSION 1. Conference with City's real property negotiator, Tim Jonasson, pursuant to Government Code Section 54956.8 concerning potential terms and conditions of acquisition and/or disposition of real property located at 46-115 Jefferson Street (APN: 649-071-011). Property Owner/Negotiator: Patricia Peterson. 2. Conference with legal counsel regarding initiation of litigation pursuant to Government Code Section 54946.9(c) - one matter. (See announcement by City Attorney below) Council recessed to Redevelopment Agency and to Closed Session to and until the hour of 3:00 p.m. 3:00 P.M. Mayor Adolph led the audience in the Pledge of Allegiance. The City Attorney announced the City Council has concluded Closed Session Item No. 2, and by unanimous vote authorized legal counsel to initiate litigation against RJT Homes, LLC, for breach of the Subdivision Improvement Agreement relating to Tract Map 25389-4. PUBLIC COMMENT Archie Sharp, 44-030 Camino Azul, protested the recent repainting of the Rainbow sculpture at Fritz Burns Park. He questioned the City's authority to alter an artist's artwork. Council Member Henderson explained there was an understanding with the artist when the artwork was accepted, that the art piece may need repainting and that the colors of the City logo may be used. She noted Council has also authorized the addition of a quail City Council Minutes 2 July 1, 2003 sculpture and palm trees near the artwork that will be more closely related to the City logo and still look like a rainbow. Mr. Sharp thanked her for the explanation, and stated he wasn't aware of the circumstances. Mayor Adolph welcomed the new Chief Executive Officer of the La Quinta Chamber of Commerce, Diane Glanz. CONFIRMATION OF AGENDA - Confirmed ANNOUNCEMENTS - None PRESENTATIONS Following a presentation of the video, "Cloudy Skies Over California Cities," David Willmon, Grassroots Coordinator for League of California Cities-Riverside Division, spoke to the issue of how the State budget crisis is expected to affect California cities. A brief discussion ensued wherein Council voiced their concerns about the potential impacts of the State budget on the City of La Quinta. Patricia Melvin, President and CEO of Coachella Valley Economic Partnership (CVEP), gave a brief update on the organization's efforts to draw new businesses to the Valley. WRITTEN CORRESPONDENCE 1. LETTER FROM THE LA QUINTA ARTS FOUNDATION. Council Member Sniff stated he feels the Council suffers a significant lack of information regarding the status of the Arts Foundation. He recommended staff be directed to secure the following three items from the Arts Foundation before any discussion is considered on their request for funding: 1) a complete, up-to-date, and comprehensive status report; 2) a complete independent financial audit; and 3) binding assurance that the Arts Foundation events (Plein Air and March 2004 Arts Festival) will be held in La Quinta. Council Member Perkins noted two of the Council Members have tried to get a comprehensive financial statement from the Arts Foundation over the last several years and have failed to approve the budget a few times due to the lack of information on that item. He noted rumors about the Arts Foundation have City Council Minutes 3 July 1, 2003 circulated without the City receiving any information, and now an after-the-fact request for funding is received without any justification. He feels the Arts Foundation has let the City down, and is not inclined to be a part of anything for them at this time. He is not in favor of granting a request for funds until the City receives the information as suggested by Council Member Sniff. Council Member Henderson commented on the long-standing relationship between the City and the Arts Foundation, and the City's support of the arts. She noted a lot of people have asked what is happening with the Arts Foundation, and have varying opinions about it. She concurred that she and Council Member Perkins previously requested an audited-financial return for any request for funding over $50,000. She now believes the policy for grants and contract for services should be revisited to include that requirement. She feels a binding agreement for the two art events may be difficult for the Arts Foundation to produce but it should be made clear that any funding from the City is for events in the City. Council Member Osborne concurred with the recommendation but would also like to know how the Arts Foundation plans to bring the property up to City Code. Council Member Sniff noted that would be part of the status report. Mayor Adolph agreed the events have to be in the City but noted the Arts Foundation has a difficult time holding the Plein Air event at the La Quinta Resort & Hotel. He noted the SilverRock Ranch will be a good place to hold the event once it is built but until then the City may need to be a little looser about having the Plein Air showing in La Quinta. Council Member Sniff stated he is not in favor of giving them $25,000 for an event that is held outside the City. Council Member Henderson suggested the possibility of using the Civic Center Campus or not funding that one event. Council concurred to refer this matter to staff per Council Member Sniff's recommendation. APPROVAL OF MINUTES MOTION - It was moved by Council Members Henderson/Sniff to approve the City Council Special Meeting Minutes of June 13, 2003 as submitted. Motion carried unanimously. MOTION - It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of June 17, 2003 as submitted. Motion carried unanimously. City Council Minutes 4 July 1, 2003 CONSENT CALENDAR Mayor Adolph requested Item No. 17 be pulled for separate action. Council Member Sniff referenced Item No. 13, and suggested the Chamber of Commerce be required to follow the same audit requirements next year that the City is requesting of the Arts Foundation. Council Member Henderson agreed with putting them on notice about the requirement. Council concurred. 1. APPROVAL OF DEMAND REGISTER DATED JULY 1, 2003. 2. APPROVAL OF A RESTATED AND AMENDED EMPLOYMENT AGREEMENT BETWEEN THE CITY OF LA QUINTA AND THE CITY MANAGER. 3. ADOPTION OF A RESOLUTION APPROVING COST-OF-LIVING AND BENEFIT ADJUSTMENTS FOR MANAGEMENT, CONTRACT MANAGEMENT, AND CONFIDENTIAL EMPLOYEES FOR FISCAL YEARS 2003/04, 2004/05, AND 2005/06. (RESOLUTION NO. 2003-41) 4. ADOPTION OF A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA CITY EMPLOYEES' ASSOCIATION FOR FISCAL YEARS 2003/04, 2004/05, AND 2005/06. (RESOLUTION NO. 2003-42) 5. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH PSOMAS TO PREPARE A MASTER DRAINAGE PLAN FOR THE CITY OF LA QUINTA. 6. APPROVAL OF CONTRACT CHANGE ORDER NO. 2 AND ACCEPTANCE OF PHASE II COVE OASIS IMPROVEMENTS, PROJECT NO. 2002-02. 7. APPROVAL OF CONTRACT CHANGE ORDER NO. I FOR A CONTRACT TIME EXTENSION, AND ACCEPTANCE OF PROJECT NO. 2000-15b, LA QUINTA SKATE PARK AT FRITZ BURNS PARK. 8. APPROVAL OF CONTRACT CHANGE ORDER NO. 2, AND ACCEPTANCE OF PHASE II, FRITZ BURNS PARK COURT 'IMPROVEMENTS, PROJECT NO. 2000-15a. 9. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT NO. 24890-5, THE CITRUS, MARVIN HOMES. 10. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT NO. 28960, PGA WEST, CENTEX HOMES. City Council Minutes 5 July 1, 2003 11. ADOPTION OF A RESOLUTION APPROVING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR THE 2003/2004 WASTE TIRE PLAYGROUND COVER GRANT PROGRAM FOR PARTIAL FUNDING OF A RUBBERIZED SURFACE BENEATH THE WATER FEATURE AT LA QUINTA PARK, AND APPROPRIATE UP TO $50,685 IN QUIMBY FUNDS. (RESOLUTION NO. 2003-43) 12. AUTHORIZATION FOR THE CITY MANAGER TO SIGN A CONTRACT EXTENSION FOR A YEAR WITH HILTON, FARNKOPF, AND HOBSON, LLC FOR AB 939 SERVICES FOR FISCAL YEAR 2003/2004. 13. APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH THE LA QUINTA CHAMBER OF COMMERCE FOR FISCAL YEAR 2003/2004. 14. APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH KINER GOODSELL ADVERTISING FOR PROFESSIONAL MARKETING SERVICES FOR FISCAL YEAR 2003/2004. 15. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THREE MEMBERS OF THE CITY COUNCIL AND THE CITY MANAGER TO ATTEND THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE IN SACRAMENTO, CALIFORNIA, TO BE HELD SEPTEMBER 7-10, 2003. 16. APPROVAL OF A LEASE AGREEMENT WITH CANNON COPIERS TO PROVIDE DIGITAL COPIERS, MAINTENANCE, AND SUPPLIES. 17. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP 30903, WASHINGTON PARK, WASHINGTON 111, LTD. (See separate action below.) MOTION - It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as recommended and amended with the exception of Item No. 17 and with Item Nos.3, 4, and 11 being approved by RESOLUTION NOS. 2003-41 through 2003-43 respectively. MINUTE ORDER NO. 2003-62. Item No. 17 In response to Mayor Adolph, City Manager Genovese explained the site development has no bearing on the final map approval. He stated he would provide a memorandum from the Community Development Director that explains the process for future reviews of the project. City Attorney Jenson advised the purpose of the final map approval process is to make sure the conditions of approval that were imposed upon the tentative tract map have been implemented. She stated additional or modified standards cannot be imposed on the tract map at this time if the developer has complied with the imposed conditions of approval. City Council Minutes 6 July 1, 2003 In response to Council Member Henderson, Community Development Director Herman confirmed the current process requires site development permits to be reviewed by the Planning Commission but not the Council unless appealed or called up by the Council. In response to Mayor Adolph, Mr. Herman stated the Planning Commission will implement the Specific Plan that was approved by the City Council, and the Site Development Permit Application will not come before the Council unless appealed or called up by the Council. Mayor Adolph stated he then cannot approve this item. He feels the process it took to get the Council to review the Walgreens site development permit was ridiculous. Council Member Sniff asked if there would be a problem having site development permits brought before Council automatically. Ms. Jenson advised it would require a modification to the City Code. She noted the current action is a ministerial approval as opposed to discretionary review. Mayor Adolph stated he supports'commercial development but is concerned about major structures being constructed without any review by the Council. He noted there is no surety of getting a majority vote by the Council to call the site development permit up for review. Council Member Henderson stated she believes the Council had an opportunity to review the project during the Specific Plan process, and noted the individual uses will be applying for site development permits to build what has already been approved as far as square footage and use. Mayor Adolph stated his concerns deal more with the visual aspects of the project, and noted there are no architects on the Planning Commission that can visualize what is going to be developed. Council Member Osborne pointed out the architectural guidelines were approved in the Specific Plan, and the Planning Commission will make sure they are carried out in the development. Council Member Sniff asked how burdensome it would be to change the Code and to have the items come before the Council. Mr. Herman stated it would mean another layer of review for developments. He also confirmed site development permits are reviewed by the Architecture and Landscape Review Committee and sometimes the Historic Preservation Commission. Council Member Sniff stated he understands the Mayor's concern but feels there is a mechanism in place to call it up. He questioned if there is no support to call it up, how would it be dealt with if it comes up automatically. City Council Minutes 7 July 1, 2003 MOTION - It was moved by Council Members Sniff/Henderson to adopt Resolution · No. 2003-44 granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map 30903~ Washington Park, Washington 111, LTD. Mayor Adolph asked if the design standards utilized in the Jenson's area will be carried over to this development. Mr. Herman stated the design is not as contemporary as the La Quinta Court project. He confirmed the architectural designs for Champion Motors, La Quinta Court, and Washington Square will be different. As for whether or not the buildings in Washington Square will be the same architecture, he stated Lowe's is an existing building and not all of the other buildings have been designed. Motion carried with Mayor AdOlph voting NO. MINUTE ORDER NO. 2003-83. BUSINESS SESSION 1. CONSIDERATION OF A RESOLUTION APPROVING THE PRELIMINARY ENGINEER'S REPORT FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 89-1 FOR FISCAL YEAR 2003/2004,. AND A RESOLUTION DECLARING INTENT TO LEVY ANNUAL ASSESSMENTS FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 89-1, AND GIVING NOTICE THEREOF. Public Works Director Jonasson presented the staff report. In response to Council Member Henderson, Mr. Jonasson stated staff is reviewing the language in Proposition 218 to see if a CPI adjustment can be made. He referenced the possibility of creating a separate assessment district for City parks and other public facilities to recoup some of the costs, and stated staff will be bringing this issue back for a study session. In response to Council Member Osborne, Mr. Jonasson confirmed an increase in the EDU of approximately $13 is needed to break even on the landscape and lighting costs, and that does not include parks and other public facilities. Council Member Sniff stated he would like for staff to come back with creative options for dealing with the shortfall at an early date. He is not sure residents would be receptive to raising the EDU, and he feels if there is a solution for part of the problem, it's better than no solution at all. Mayor Adolph stated he agrees, and asked if different assessment amounts can be placed on new annexation areas. Mr. Jonasson stated staff can research it. However, it was somewhat unwieldy in the past to administer multiple zone assessments. City Council Minutes 8 July 1, 2003 Council Member Henderson stated she feels the City has been fortunate in not having to charge user fees, which is an option but one that she feels should be Iow on the list of options. She noted if the City is not able to be creative and have the community participate, it may mean they have to participate out of need. RESOLUTION NO. 2003-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE REPORT OF THE ENGINEER FOR FISCAL YEAR 2003/2004 IN CONNECTION WITH LA QUINTA LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 89-1. It was moved by Council Members Sniff/Osborne to adopt Resolution No. 2003-45 as submitted. Motion carried unanimously. RESOLUTION NO. 2003-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY THE ANNUAL ASSESSMENTS FOR CONSTRUCTION, MAINTENANCE, AND SERVICING LANDSCAPING AND LIGHTING IMPROVEMENTS WITHIN THE BOUNDARIES OF THE TERRITORY INCLUDED IN THE CITYWIDE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 89-1, AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972, AND GIVING THEREOF. It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2003-46 as submitted. Motion carried unanimously. 2. CONSIDERATION OF THE SELECTION OF A VOTING DELEGATE AND ALTERNATE FOR THE 2003 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE. 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/Adolph to appoint Council Member Henderson as the voting delegate and Council Member Osborne as the alternate for the League of California Cities Annual Business Meeting. Motion carried unanimously. MINUTE ORDER NO. 2003-64. 3. CONSIDERATION OF AN ORDINANCE AMENDING THE LA QUINTA CITY CHARTER AND MUNICIPAL CODE, CHAPTER 2.04 (CITY COUNCIL COMPENSATION AND REIMBURSEMENT). There were no changes to the staff report as submitted and on file in the City Clerk's Office. City Council Minutes 9 July 1, 2003 MOTION - It was moved by Council Members Sniff/Osborne to take up Ordinance No. 386 by title and number only and waive further reading. Mayor Adolph stated he will support the motion but feels it is not the best timing. Motion carried unanimously. ORDINANCE NO. 386 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 2.04 (CITY COUNCIL COMPENSATION AND REIMBURSEMENT). It was moved by Council Members Sniff/Henderson to introduce Ordinance No. 386 on first reading. Motion carried by the following vote: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSTAIN: None ABSENT: None STUDY SESSION 1. DISCUSSION REGARDING THE WASHINGTON STREET SOUND ATTENUATION STUDY. Council Member Perkins and City Manager Genovese abstained from participating due to a potential conflict of interest and left the dais. Public Works Director Jonasson presented the staff report. Robert Woo, Principal Consultant with Alliance Acoustical Consultants, Inc. reviewed the Washington Street Sound Attenuation Study. In response to Council Member Henderson, Mr. Woo confirmed augmenting the existing wall with Plexiglas will sustain the view and be as effective as block. However, an additional analysis would be needed to determine if the existing wall can hold the additional weight. Council Member Osborne noted the hot temperatures could cause the Plexiglas to yellow. Mr. Woo added cleaning of the Plexiglas could also be a maintenance issue. Mayor Adolph pointed out the estimated construction costs will most likely be higher in three years. City Council Minutes 10 July 1, 2003 Council Member Henderson asked if the cost estimates are for regular block or sound wall block, and Mr. Woo responded regular block. Mr. Jonasson stated $25 per square foot is consistent with the cost of the Montero Estates sound wall, which is acoustical block. In response to Council Member Osborne, Mr. Jonasson stated he does not believe most people would notice the difference between the existing sound wall at Montero Estates and regular block if the walls are painted the same color. In response to Council Member Henderson, Mr. Woo stated the City's exterior noise level guideline is 65dBA and the interior is 45 dBA. Both exterior and interior noise levels were measured, and at the Villas of La Quinta the measurements were taken on the east side of the homes. As for speed, a reduction of 5-10 mph will reduce the noise level approximately 1 dBA. In response to Council Member Sniff, Mr. Woo stated the noise levels in Laguna de la Paz, were higher in the circle closest to Eisenhower Drive near Washington Street. The noise levels for the other two circles going north are lower because the pads are 4-5 feet above the roadway elevation. He stated according to State standards, noise levels become offensive at 70 dBA. In response to Council Member Osborne, Mr. Woo stated the City has leeway in setting its noise level standard but most cities use the State standard of 65 dBA. Council Member Henderson noted the City increased it from 60 to 65 during the General Plan update. Mr. Woo confirmed the traffic noise level at Villas of La Quinta is higher than at Laguna de la Paz because the Villas have no sound wall. He stated the oleanders provide a psychological barrier, and traffic noise complaints would most likely increase if the oleanders were removed. Council Member Sniff commented on the curvilinear walls at Laguna de la Paz, and noted straight walls would be less expensive to construct. Mr. Woo stated the height would have to be analyzed. He noted the aesthetics and setback could also be issues. In response to Council Member Osborne, Mr. Woo advised the estimated future dBA levels are based on a 20-year build-out. Council Member Sniff stated it seems to him there would be some downside to living behind a 9-10 foot high wall. Mayor Adolph asked if noise measurements were taken from the interior of the homes, and Mr. Woo responded the measurements were taken outside on the east side of the homes. City Council Minutes 11 July 1, 2003 In response to Mayor Adolph, Consultant Nick Nickerson explained the measurements were taken in the small patio areas beside the garages. Mr. Woo advised the noise level on the west side of the homes would clearly be under 65 dBA. Council Member Henderson suggested the possibility of adding Plexiglas to the patio areas. Mr. Woo noted the gate opening would add some complexity in constructing the sound wall. Council Member Henderson referenced Page 26 of the study regarding the use of open-graded asphalt (OGA) pavement material, and questioned the reduction of only 1 dBA. Mr. Woo explained there are multiple noise sources that contribute to traffic noise. He noted the use of rubberized asphalt on Washington Street and Avenue 50 showed very little reduction in the noise level at the Montero Estates after the initial period. Council Member Henderson noted it provided a substantial decrease in the beginning. Mr. Woo stated CalTrans is performing long-term studies on alternative road materials such as rubberized asphalt, which degrades faster than OGA. Council Member Sniff asked when funding for these projects would be available, and which of the development would have priority. Mr. Jonasson advised sound walls are incorporated in the Development Impact Fee (DIF), and Laguna de la Paz is identified in the DIF but the Villas of La Quinta is not. He explained the past procedure has been to prepare a sound wall study to determine the need, then incorporate it into the DIF and eventually in the CIP. Both the Laguna de la Paz and Villas of La Quinta sound walls are "add" projects in the CIP but there's no funding source for the Villas of La Quinta because it's not in the DIF. He stated the project can be added when the DIF is updated and recalculated. Council Member Henderson noted adding a project to the DIF does not give it priority over projects that are already identified. Mr. Nickerson advised the DIF was last updated a little over a year ago, and is updated as Council sees the need. He pointed out that everything in the DIF would be on the table and subject to scrutiny during the update, and some things, such as certain fees, can become an issue with the BIA. He stated the DIF and/or Infrastructure Fee has been updated twice in the last four years. Council Member Osborne stated he supports looking at it. City Council Minutes 12 July 1, 2003 Council Member Henderson suggested staff come back with a report regarding the potential for reopening the DIF to add the block walls or a variation of some type. She commented on the possibility of some of the information, along with a positive spin, be presented to the homeowners so they are aware of the potential for decreasing the noise factor with Plexiglas or small block walls at their patio areas. Council Member Sniff spoke in support of getting into position to show homeowners the City is beginning a process to move forward toward implementation at a date that is uncertain at this time. Council concurred. Mr. Jonasson confirmed staff will come back with a report that identifies the Villas of La Quinta to be added to the next update of the DIF. Council recessed to the Redevelopment Agency meeting, and to and until 7:00 P.M. 7:00 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). PUBLIC COMMENT John McGee, 78-661 Avenue 42, Bermuda Dunes, spoke on behalf of Empire Polo Grounds, Eldorado Polo Grounds, and Hagen Companies regarding the planned median on Avenue 52 between Monroe Street and Madison Street. He stated they are not in support or opposition of the median but were not notified or given an opportunity to review the plans, and would like to reserve an opportunity to review and provide input at a later date. PRESENTATIONS - None PUBLIC HEARINGS 1. PUBLIC HEARING ADOPTING A RESOLUTION APPROVING THE PLACEMENT OF WEED ABATEMENT/LOT CLEANING ASSESSMENTS ON THE 2003/2004 PROPERTY TAX ROLL. Building & Safety Director Hartung presented the staff report. The Mayor declared the PUBLIC HEARING OPEN at 7:05 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:06 p.m. City Council Minutes 13 July 1, 2003 RESOLUTION NO. 2003-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ASSESSING LIEN AND PROVIDING FOR COLLECTION OF TAX ROLLS ON CERTAIN PROPERTY FOR COSTS OF ABATEMENT OF PUBLIC NUISANCE. It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2003-47 as submitted. Motion carried unanimously. 2. PUBLIC HEARING TO ADOPT RESOLUTIONS TO CONSIDER: 1) CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2003-472; 2) SPECIFIC PLAN 2003-064 FOR DEVELOPMENT STANDARDS AND DESIGN GUIDELINES FOR A RESIDENTIAL DEVELOPMENT; AND 3)TENTATIVE TRACT MAP 31302 FOR SUBDIVISION OF 79± ACRES TO CONSTRUCT APPROXIMATELY 200 DETACHED SINGLE FAMILY HOUSES FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF AVENUE 52 AND MONROE STREET. APPLICANT: DESERT ELITE, INC., RANCHO SANTANA. Planning Manager Orci presented the staff report. In response to Council Member Henderson, Mr. Orci advised the equestrian arena is proposed at 60 feet wide but the details of that and the multi-use trail system will be brought back in the Site Development Permit Application. In response to Council Member Osborne, Mr. Orci confirmed there will be an emergency exit at the northwest corner of the property. He advised no left turns will be allowed out of the main entrance to prevent potential conflicts with the right-of-way across the street. Public Works Director Jonasson noted just west of the main entrance is a full-turn movement at the property to the north, and if in the future that is shifted to the east, it would allow a full-turn movement at the main entrance of this project. He stated staff is recommending the following modifications to Condition No. 55 of the tentative tract map as a result of a meeting with the developer and City of Indio staff to mitigate Indio's concerns: 1) paint a yellow line with raised median pavement markers seven feet north of the centerline, which allows for the installation of restrictors for left-turn only; 2) widen the north side of Avenue 52 seven feet to mitigate the lost pavement; 3) one of the entrances will have a larger radius to accommodate horse trailers; and 4) install left-turn restrictor component on the raised median island. In response to Council Member Osborne, Mr. Orci advised the City will be responsible for maintenance of the equestrian trails in the right-of-way, and the - homeowners association will be responsible for the interior trails. City Council Minutes 14 July 1, 2003 In response to Council Member Perkins, Mr. Orci confirmed the entrance on Monroe Street will be a full-turn movement. Mr. Jonasson stated the raised median markers will be reflector dots. He also confirmed golf carts using the golf cart/bike path will be required to have licenses. Mr. Orci stated this portion of the golf cart path will be one way to Monroe Street with no return path at this time. City Manager Genovese noted the trails are part of the City's master golf cart plan, and, in the interim, there will be missing links. Council Member Perkins suggested holding the golf cart path in abeyance until a return path is planned. Mr. Jonasson stated the area can be striped for a bike lane at this time. Council Member Henderson questioned why the developer is being required to widen the north side of Avenue 52 to replace the seven-foot wide striped median area that Indio is requiring. She sees that as being overly-cooperative and extremely sensitive to Indio's issues. She then referenced a letter sent to LAFCO by the City of Indio that contains nothing complimentary about La Quinta, and as LAFCO Chairman, she will be taking the letter up with Indio. She recommended the City Manager be directed to contact Indio's City Manager in an effort to get some perspective of what the future relationship is going to be between the two cities. She fails to see how Indio's problems on Avenue 52 become solutions that the developer must address. Council Member Perkins questioned why the developer should have to widen Indio's side of the street when La Quinta doesn't require developments to widen major streets beyond the centerline. He also voiced concern about the possibility of Indio claiming the work is wrong and asking for it to be taken out and redone like they did with the median on Jefferson Street. He stated he doesn't trust Indio when it comes to traffic. Mr. Jonasson stated the purpose is to avoid a similar, unsafe condition that exists on Avenue 50 where the developer was conditioned to build only to the centerline and resulted in half of a left-turn lane. He noted the City has previously tried to condition Indio to pay for half medians on conjoining streets but it became difficult once the development was built to get the medians constructed. He commented on the safety concern of horse trailers crossing medians unrestricted, and stated one of the letters voiced opposition to a raised median because it does restrict the movement of horse trailers. Council Member Perkins stated he can't see the developer having to pay for the roadway for the benefit of Indio. He stated he cannot support this project, and would like to see a breakdown of the street showing the various lane widths. He noted the lanes may need to be narrowed. City Council Minutes 15 July 1, 2003 In response to Mayor Adolph, Mr. Jonasson stated Indio's standard width for medians is 14 feet and La Quinta's is 18 feet, resulting in a 9-foot wide raised median and 7-foot wide striped median for a total of 16 feet. Mr. Orci confirmed the project will be conditioned to landscape the raised median. Mr. Jonasson stated it is his understanding that Indio is not receptive to widening the median on their side of the street at this time. In response to Council Member Henderson, Mr. Jonasson confirmed a break in the median at the far west access on the north side of Avenue 52 will allow a full-turn movement from the polo grounds. He stated it will be quite some time before the full-turn movement on Avenue 52 will meet warrants for a traffic signal, and he is not aware of any consideration to install a roundabout at Avenue 52 and Monroe Street. Council Member Henderson asked if an opportunity is being missed to impose a cooperative condition on the developer for a trail system on Madison Street. She also suggested this might be the time to start looking at requiring onsite maintenance of the trail systems. In response to Council Member Osborne, Mr. Jonasson stated there will be two eastbound lanes on Avenue 52, and no deceleration lane. Council Member Osborne voiced concern about horse trailers trying to turn right into the project without a deceleration lane, and noted residents wanting to go into La Quinta will have to go through the project to Monroe Street. John Pedalino, 78-401 Highway 111, of Desert Elite, stated horse trailers in the development will be required to use the Monroe Street entrance. He understood vehicles exiting the main entrance on Avenue 52 would be able to make a u-turn to go westbound before reaching Monroe Street. Mr. Jonasson confirmed there will be a left-turn pocket for vehicles making a u-turn. Mr. Pedalino stated the vehicles will have at least 600 feet to make the lane change. As for widening Indio's side of the street, he commented on his relationship with Indio and his understanding of their needs but stated the widening is also a safety issue. He clarified the equestrian trail does not go through the middle of the arena, and the trail system has been designed to eventually connect to the trail on Madison Street. He indicated 13 lots will be allowed to have two horses each for a maximum of 26 horses, and they will be assessed a fee for maintenance of the equestrian facility and trails. In response to Mayor Adolph, Mr. Pedalino stated they expect to import 50,000 to 60,000 cubic yards of fill dirt but haven't determined perimeter berming at this time. They can accommodate recreation amenities in the retention basins but feel the current market is for Iow-amenity, gated communities with Iow homeowner City Council Minutes 16 July 1, 2003 association dues, and don't envision the need for a lot of recreation amenities or very many families. Mayor Adolph asked staff to work with the developer to provide some hardscape areas in the development for recreation activities. Council Member Henderson stated she is pleased the developer has a relationship with Indio, and thought La Quinta had a relationship with them as well. She also expressed appreciation for the developer's cooperative effort, by way of the recommended conditions, to respond to a letter about this project. She stated the letter she received was not the same kind of letter, and feels it was highly inappropriate for her to be broadsided in that manner by Indio. She doesn't want to hold this project up but wants it clearly understood what additional conditions and concessions are being made by the developer to meet, not only La Quinta's requirements, but Indio's as well. The Mayor declared the PUBLIC HEARING OPEN at 8:00 p.m. Amir Modarressi, 100 Civic Center Mall, Indio, representing the City of Indio, stated they feel this project will tie in well with the property to the north. They support coordinating the main access to the property to line up with the existing access on the north side in order to avoid having two future traffic signals close together. He apologized for any bad experience La Quinta may have had with Indio, and stated he is present to address the safety issue. He submitted a written request to continue this item along with additional requests for changes. He feels a continuance will provide an opportunity to coordinate some of the improvements. Council Member Henderson asked if the meeting today with La Quinta City staff and the developer did not satisfy their concerns. Mr. Modarressi stated he feels there is a lot they can do in order to build the improvements, and does not rule out the possibility of building the raised median on both sides at the same time. In response to Mayor Adolph, he confirmed they are requesting the main entrance be moved to line up with the property access to the north. Council Member Perkins stated these additional requests for changes adds to his concerns about Indio. He questioned why the letter was not submitted earlier to provide sufficient time for evaluation. Mr. Modarressi stated the City of Indio was not given the opportunity to provide agency comment on this project when it was before the Planning Commission. After learning of the public hearing, they sent a letter which triggered the meeting with City staff and the developer this morning. Mr. Genovese advised the City of Indio was notified of the application, and they did not attend the Planning Commission meeting. As for the letter just submitted by Indio, he stated staff has some concerns about the legality of some of the requests, City Council Minutes 17 July 1, 2003 such as requiring the developer to construct the entire median. He noted La Quinta has adopted developer impact fees because there had to be a nexus requiring any developer to build a median for both sides of the street. He stated there may be other issues in the letter that staff will need to research. Mr. Herman confirmed a development package was sent to Indio on May 14, 2003, that included the public hearing dates. Council Member Perkins stated he has serious concerns about the additional requests. There being no further requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 8:10 p.m. Mr. Pedalino stated he has left very specific voice messages with Mr. Modarressi in Indio after he learned Indio had not responded with agency comments because he wanted to know if there were any concerns to address. He stated he received no response to his voice messages. As for the additional requirements, he stated their agreement this morning to expend the extra money was based on the safety issues and desire to have the project move forward. He feels the agreement may need some fine tuning but, in principal, the agreement was made, and he would like to leave it at that. Moving the main entrance was not part of the agreement, and any expenditures greater than what was discussed at that time would not necessarily be acceptable.. In response to Council Member Perkins, Mr. Pedalino stated, at this time, he is not willing to move the entrance because it would have a significant impact on the project design. He stated he does not agree with the additional requests in the latest letter from Indio. Council Member Sniff stated it seems the latest letter from Indio is an effort to confuse things. He believes there is little or no value to their request, and that Indio has had sufficient opportunity to comment on the project. He also feels the developer has dOne his best in good faith. He supports moving forward with the project, and although he doesn't want to disregard Indio's comments, he feels they have been made almost after the fact. Council Member Perkins stated he feels Indio's latest letter indicates the developer no longer has an agreement with Indio. He is concerned the proposed street configuration will create a traffic problem. He feels the traffic study was not done properly, and that it may be better to have the main entrance opposite one of the driveways on the north side of the street. He doesn't believe it's proper or good business to require the developer to construct infrastructure outside of the City. He doesn't want to do anything that will create a traffic problem for La Quinta or Indio, and can't support the project as Proposed. City Council Minutes 18 July 1, 2003 Council Member Sniff asked for clarification about what the developer is being required to do within Indio city limits, and asked if it would be legal to make such a requirement. City Attorney Jenson confirmed there is no legal problem imposing the condition if the developer agrees to it. She stated if the condition is imposed and Indio's consent and encroachment permits cannot be obtained, there is a provision in the Subdivision Map Act that deals with that but it's unusual to apply it when the property is outside the City's jurisdiction. She added if Indio should later step in the way of the improvements, the developer could be excused from the condition. Council Member Sniff questioned imposing a condition that will most likely have to be excused. Mr. Jonasson stated another option would be to let Indio impose the condition when the developer goes to them for an encroachment permit, which is how the situation was handled on Avenue 50 for the Mountain View development. Council Member Sniff pointed out there's no guarantee Indio would cooperate. Mr. Jonasson proceeded to review the proposed conditions related to Indio's side of the street. For clarification, he stated there is a requirement for a 150-foot deceleration lane on Avenue 52 at the Monroe Street intersection. In response to Council Member Sniff, Mr. Jonasson noted having the conditions in place shows the City is not creating an unsafe condition by only constructing half a median. If the improvements are not done on the Indio side, he feels it's then incumbent for Indio to make their side safe. He feels the conditions will cover the safety issues, and doesn't see any other solution that would meet the City's current design standards. He stated another option would be to require the developer to bond for half of the median improvements until such time as the median design issue can be resolved. Mr. Genovese advised the project can be conditioned as outlined, subject to the developer being able to get approval and encroachment permits from Indio. Should the developer be unable to get approval from Indio, an alternative would be to collect the necessary funds to install the improvements at a later date. That would put it on Indio to perform in a friendly cooperative manner with the developer and the City. Council Member Sniff stated he feels that is the logical option. In response to Mayor Adolph, Ms. Jenson advised the City would not incur any liability by being a part of conditions to do road work on Indio's side of the street because any improvements on Indio's side would have to be approved by that city. Mr. Genovese stated since the City Engineer believes a median is the safest approach to this street, it would be better to condition the project with the median. City Council Minutes 19 July 1, 2003 If the developer is then unable to get an encroachment permit from Indio and a lawsuit occurs, La Quinta will have followed the City Engineer's recommendation for safe improvements which could not happen because Indio would not allow it. Mayor Adolph referenced the possibility of the unimproved entrances on the north side of the street being reconfigured in the future. Mr. Jonasson stated that potential is addressed in the condition in anticipation the onsite circulation of that property might allow the full-turn movement to coincide with the main entrance of this project. Council Member Osborne stated he likes the project but has some concerns about the Monroe Street exit being the only left-turn access for horse trailers, and no left- turns being allowed out of the main entrance on Avenue 52. He would like to work with Indio to make this work for everyone and doesn't feel the City should control the project. He stated he would have a hard time supporting approval of the project at this time because of the traffic issues. Council Member Perkins stated he feels the condition is too uncertain, and that the way this project is lined up with the property across the street doesn't make good sense. He feels the City is hampering this development to accommodate the development across the street. Council Member Henderson stated it seems the agreement between the developer and Indio is no longer an agreement, and she feels that is unfortunate and unfair for the developer who has acted in good faith, along with City staff that has handled the project in good faith. In response to Council Member Henderson, Mr. Orci stated there was some discussion with the developer about the possibility of lining up the main entrance with one of the entrances on the north side but the developer prefers keeping the entrance as proposed. He confirmed the City typically does not require lining up entrances unless a future traffic signal is anticipated. Council Member Henderson noted, typically, the City tries to offset developments to reduce the number of traffic signals. She doesn't feel this project should be required to line up with the property to the north because the future development plans for that property are not known at this time. She believes the developer has gone as far as he can, and that the project is a beginning for La Quinta to accommodate the equestrian community. She stated she is prepared to approve the project. Mr. Herman noted the Specific Plan conditions of approval should include a condition with the same wording as Condition No. 1 of the Tentative Tract Map but changing the words "Tentative Tract Map" to Specific Plan." City Council Minutes 20 July 1, 2003 In response to Mayor Adolph, Mr. Jonasson stated he believes the safest condition would be to have the entire median installed, and that it would be better not to install the median than to install only half a median. RESOLUTION NO. 2003-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2003-472 PREPARED FOR SPECIFIC PLAN 2003-064 AND TENTATIVE TRACT MAP 31202 (DESERT ELITE). It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2003-48 as submitted. Motion carried with Council Members Osborne and Perkins voting NO. RESOLUTION NO. 2003-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DESIGN GUIDELINES AND DEVELOPMENT STANDARDS FOR A 79.21-ACRE SINGLE FAMILY RESIDENTIAL SUBDIVISION LOCATED AT THE SOUTHWEST CORNER OF AVENUE 52 AND MONROE STREET (SPECIFIC PLAN 2003-064 - DESERT ELITE). It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2003-49 as amended (inserting as Condition No. 1, "The applicant agrees to defend, indemnify, and hold harmless the City. of La Quinta ("City"), its agents, officers, and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Specific Plan. The City shall have sole discretion in selecting its defense counsel."; renumbering the balance of the conditions; and modifying the new Condition No. 5 to read, ". ...... the applicant shall complete the parkway landscaping along Avenue 52. The perimeter walls and gates shall be completed with the first phase of development."). Motion carried with Council Members Osborne and Perkins voting NO. RESOLUTION NO. 2003-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF 79.21_. ACRES INTO 201 NUMBERED LOTS AND 26 LETTERED LOTS (TENTATIVE TRACT MAP 31202 - DESERT ELITE). It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2003-50 as amended (modifying Condition No. 55(A)(1) to include: "The north side of Avenue 52 is located in the City of Indio. The Applicant shall install the following improvements north of the Avenue 52 centerline as required by the City of Indio to mitigate impacts caused by the installation of the raised median: City Council Minutes 21 July 1, 2003 1) Paint a yellow line with raised pavement markers seven (7) feet north of the centerline and install raised pavement markers; 2) Widen the north side of street seven (7) feet to mitigate the lost pavement width used to complete the painted median on the north side; 3) Install large radius driveway connections as needed to mitigate the reduced turning radius caused by the raised median. The large radius connection provides an alternative means for the tractor/pickup-trailer combinations to complete the turn as they access properties on the north side of the street; 4) Install left-turn restrictor component of raised median island as needed at median openings where turning restrictions are required. If the developer cannot obtain the necessary approvals and encroachment permits from the City of Indio, the developer shall instead deposit the funding necessary for the improvements in a form to be approved by the City Engineer and the City Attorney."; and revising the last sentence in the fourth paragraph of Condition No. 55(A)(1) to read, "The curb on the existing centerline shall be Portland Cement Concrete.") Motion carried with Council Members Osborne and Perkins voting NO. 3. PUBLIC HEARING TO ADOPT RESOLUTIONS AND AN ORDINANCE FOR A REQUEST TO CERTIFY A MITIGATED NEGATIVE DECLARATION OF ~-- ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2003-473; CHANGE LAND USE FROM COMMUNITY COMMERCIAL (CC) TO LOW DENSITY RESIDENTIAL (RL) FOR GENERAL PLAN AMENDMENT 2003-092 AND ZONE CHANGE 2003-114; CREATION OF SEVEN SINGLE FAMILY LOTS ON 2.33 ACRES FROM THREE PARCELS FOR TENTATIVE TRACT 31289 AND THE CONSTRUCTION OF DETACHED SINGLE FAMILY HOUSES RANGING IN SIZE FROM 3,080 TO 3,362 SQUARE FEET FOR SITE DEVELOPMENT PERMIT 2003- 769 FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF CALEO BAY AND VIA FLORENCE. APPLICANT: JIM HAYHOE. Planning Manager Orci presented the staff report. In response to Council Member Perkins, Mr. Orci stated the lots vary in size but are approximately 80 feet wide. In response to Mayor Adolph, Mr. Orci stated the applicant is working out an agreement with the homeowners association to participate in the maintenance agreement regarding water rights. They propose constructing a concrete wall to serve as a "sea wall." Council Member Henderson stated she expects everyone involved is delighted with the project. She asked if any study has been done to see if the seven driveways on Caleo Bay will change how the traffic pattern is viewed. City Council Minutes 22 July 1, 2003 Mr. Orci stated by down-zoning the property from commercial to residential, less traffic will be generated regardless of the number of driveways. Public Works Director Jonasson concurred, and confirmed the additional driveways are not a problem. Mayor Adolph noted the long driveways will preclude people from parking on the street. In response to Council Member Osborne, Mr. Orci stated the front setbacks are approximately 60 feet. Mr. Jonasson stated the applicant will be required to pay their fair share of costs to paint a two-way turn lane on Caleo Bay between Avenue 47 and Avenue 48. Council Member Henderson referenced Condition No. 63 of the tentative tract map, and stated she would like for the disclosure to be a part of the written sales contract. Robert Slaughter, 47-610 Via Montana, representing the applicant, confirmed a portion of the homeowners association dues will go toward lake maintenance, and a disclosure regarding the commercial property will be in writing. He noted a "sea wall" already exists on the property. The Mayor declared the PUBLIC HEARING OPEN at 9:10 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 9:11 p.m. In response to Council Member Perkins, Mr. Slaughter confirmed the homes will be a part of the gated community but will not be inside the gate. RESOLUTION NO. 2003-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR GENERAL PLAN AMENDMENT 2003-092, ZONE CHANGE 2003-114, TENTATIVE TRACT MAP 31289, AND SITE DEVELOPMENT PERMIT 2003-769 (JIM HAYHOE). It was moved by Council Members Sniff/Osborne to adopt Resolution No. 2003-51 as submitted. Motion carried unanimously. City Council Minutes 23 July 1, 2003 RESOLUTION NO. 2003-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 2003-092 TO REDESIGNATE 2.33 ACRES FROM THE COMMUNITY COMMERCIAL (CC) DESIGNATION TO LOW DENSITY RESIDENTIAL (LDR) FOR THREE PARCELS LOCATED AT THE NORTHEAST CORNER OF CALEO BAY AND VIA FLORENCE WITHIN LAKE LA QUINTA (JIM HAYHOE). It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2003-52 as submitted. Motion carried unanimously. MOTION - It was moved by Council Members Sniff/Osborne to take up Ordinance No. 387 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 387 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CHANGING 2.33 ACRES OF LAND CURRENTLY DESIGNATED COMMUNITY COMMERCIAL (CC) TO LOW DENSITY RESIDENTIAL (RL) AT THE NORTHEAST CORNER OF CALEO BAY AND VIA FLORENCE (ZONE CHANGE 2003-114 - JIM HAYHOE). It was moved by Council Members Sniff/Henderson to introduce Ordinance No. 387 on first reading. Motion carried by the following vote: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSTAIN: None ABSENT: None RESOLUTION NO. 2003-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SUBDIVISION OF 2.33 ACRES INTO SEVEN SINGLE FAMILY LOTS LOCATED AT THE NORTHEAST CORNER OF CALEO BAY AND VIA FLORENCE (TENTATIVE TRACT MAP 31289 - JIM HAYHOE). It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2003-53 as submitted. Motion carried unanimously. City Council Minutes 24 July 1, 2003 RESOLUTION NO. 2003-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TWO PROTOTYPE, ONE-STORY, SINGLE FAMILY HOUSE PLANS RANGING IN SIZE FROM 3,080 TO OVER 3,300 SQUARE FEET FOR TENTATIVE TRACT MAP 31289 (SITE DEVELOPMENT PERMIT 2003-769 - JIM HAYHOE). It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2003-54 as submitted. Motion carried unanimously. REPORTS AND INFORMATIONAL ITEMS AD HOC Committee Reports -- Valleywide Animal Campus Issue - Mayor Adolph reported July 15 is the deadline for cities to determine whether or not they will be participating in the Valleywide Animal Campus. Council Member Perkins noted the letter from Jean Benson and Roy Wilson indicates any city deciding to participate at a later date will have to pay the capital costs to expand the facility. He stated it sounds like a threat, and that they intend to build a facility only large enough to accommodate animals from participating cities. He questioned how they can determine how many animals each city will have. Mayor Adolph stated he understands the facility will be large enough to accommodate animals from the entire Valley but that Indio, La Quinta, and Coachella will be hit hard with the costs if they decide to join later. Council Member Perkins stated he feels given the amount the County wants to charge for operational costs, La Quinta, Indio, and Coachella can afford to retain the Indio facility. Council Member Osborne stated he understands Coachella is leaning toward participating in the valleywide facility. He is concerned about the cost and who will pay for upgrades to the Indio facility. Council Member Perkins stated his main concern is the distance animal control officers and residents will have to travel to the valleywide facility. Council Member Sniff stated the letter seems to imply the County plans to build a facility that will handle only today's capacity. Council Member Henderson noted they may be planning to allow for growth for cities that participate in the beginning. She stated she has some concerns, and noted the end product is different from how it started. The County is going to fund the facility, and charge the cities an a. nnual operational cost of $70,000. She doesn't know which cities are going to participate, and if there is going to be a JPA. She noted upgrading the Indio facility will require a substantial capital investment, and that the funding would have to come from the General Fund since the facility is outside City rimits. She feels an City Council Minutes 25 July 1, 2003 immediate update on the valleywide facility is needed because La Quinta hasn't been able to get Indio and Coachella to sit down with the County and the County is not going to improve the Indio facility. Council Member Osborne questioned why the July 15 deadline since the design is not final. Council Member Henderson pointed out they need to know how large to design the facility. Mayor Adolph stated Indio's mayor was adamant that they would not be participating in the valleywide facility. City Manager Genovese advised the cost to upgrade the Indio facility has been estimated at $700,000 - $800,000. It's unclear what Coachella is going to do, Indio says they want to keep the Indio facility, and the County has indicated they will transport all of their animals to the valleywide facility. Staff is trying to set up a meeting with Indio to determine what is needed to bring the facility up to standard. Mayor Adolph suggested asking Mayor Benson for an update for Council to review for reconsideration. Mr. Genovese stated, additionally, staff can continue meeting with Indio and readdress the issues of transportation and the City's seven-day a week program. He then reviewed the current process when animals are picked up in the City. In response to Council Member Henderson, he stated the current operating fund for animal control is $24,000, and the rate has just increased. Council Member Henderson noted the annual costs for the Indio facility will be approximately $60,000 and the valleywide facility is $70,000. The other issue is the transportation time involved for animal control officers to use the valleywide facility. Mr. Genovese stated the County has decided to fund the central facility but not the Indio facility. He understands the funding is thru a pass-thru agreement with Palm Desert, and can look into it further if Council wishes. Council Member Sniff suggested directing staff to send a letter to Mayor Jean Benson and Supervisor Roy Wilson requesting the deadline be deferred to July 31 to give Council an opportunity to discuss this issue at the July 22 Council meeting and formulate a decision. He further suggested staff be directed to obtain information on the facility costs for both facilities. Council concurred. Council Member Perkins suggested staff also contact Indio and Coachella, and maybe Indian Wells, and to copy them on the letter to Supervisor Wilson. Council Member Henderson recommended each Council Member tour the Indio facility to .... see what needs to be done. City Council Minutes 26 July 1, 2003 Council Member Perkins commented on the possibility of getting an independent cost estimate on the improvements to the Indio facility. Mr. Genovese confirmed staff will send a letter to Mayor Jean Benson and Supervisor Wilson regarding extending the July 1§ date to July 31. He added this issue will be placed on the July 22, 2003 agenda, and that staff will try to schedule a meeting with Indio, Coachell'a, and Indian Wells to discuss the Indio facility. Senior Inspiration Award Issue - Mayor Adolph reported there was also some discussion about whether or not the cities want to continue the Senior Inspiration Award. In response to Council Member Henderson, Mayor Adolph stated the program cost is approximately $30,000. In response to Council Member Henderson, City Manager Genovese confirmed in addition to purchasing two tables last year, La Quinta contributed a small additional amount because the program was running out of money. He added part of the concern is that a few cities are unwilling to commit because of budget constraints. Council Member Sniff noted some programs have a life cycle, and maybe it's time for this program to end. Mayor Adolph noted they seek sponsorships from businesses, and look to the cities to supplement the funding but last year that diminished to four cities. Mr. Genovese stated one suggestion was for cities to seek sponsorships from their own communities if they are unable to provide supplement funding. Council Member Henderson stated she is willing to support the City's participation at one ninth the cost of whatever is not received in sponsorships. Mayor Adolph noted that could be $3,000 if only the cities participate. After a brief discussion, Council concurred to indicate La Quinta is still receptive to participating in the program, depending on the amount of funding involved. CVAG Executive Committee -- Mayor Adolph reported the Committee has continued the issue of the SunLine street sweeping contract for 30 days. He added Dick Cromwell has been meeting with other cities, and has offered to speak before this City Council. After a brief discussion, Council concurred to invite Mr. Cromwell to give an update on the audit and the matter of application for Federal funding. C. V. Mosquito and Vector Control District -- Council Member Perkins stated the District has applied for a grant for solar heating and lighting for the new plant. C. V. Mountains Conservancy -- Council Member Sniff reported on a meeting regarding the multi-species habitat plan. He stated there seems to be approval for the City's request City Council Minutes 27 July 1, 2003 for a perimeter trail above SilverRock Ranch as long as the trail is not too high but he feels .... it is important to have the approval in writing. He also spoke about the need to have a defined process for making amendments to the plan. He stated there was some discussion about a JPA and CVAG's Executive Committee being a possible membership as a JPA. There was also some agreement for a year-round trail between La Quinta and Palm Desert with the exact location to be determined. City Attorney Jenson advised Travertine is close to finalizing an agreement with the wildlife agency but the adjacent property (Section 5) is being discussed as a possible major amendment area. Council Member Sniff stated he feels it's important for all aspects of the plan to be in writing. Riverside County Desert Library Zone -- Mayor Adolph referenced a letter from the Friends of the La Quinta Library. Mr. Genovese advised a letter will be sent to Mr. Wright with a form to designate how much they would like to donate and how much was not part of book sales. He added the matter will be placed on a future agenda. Riverside County Transportation Commission -- Council Member Henderson gave a report on her ride/tour of the MetroLink facilities, along with a self-powered DMU (diesel multi- use) train. She stated they are looking to purchase five DMU trains for a line out of Highland along Interstate 21 5. SunLine Transit Agency/SunLine Services Group -- Mayor Adolph reported the agency has approved a new weekly SunBus Pass for $9.00. He stated the Board Members have been requested to defer all media questions to Gayle Biondi who will be handling press releases for the agency. All other reports were noted and filed. DEPARTMENT REPORTS Mayor Adolph noted a correction to the City Council Calendar regarding the Mayor's lunch on July 10th. MAYOR AND COUNCIL MEMBERS' ITEMS Council Member Perkins stated he was pleased to find out the United States Postal Service has decided to retain the Village Post Office along with the new facility when it is built. 1. REPORT REGARDING RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (LAFCO) ISSUES. City Council Minutes 28 July 1, 2003 Council Member Henderson stated the Commission has decided to have a thorough discussion July 31, 2003, on whether or not the process of Community of Interests (COl) and Unincorporated Communities (UC) should continue. She suggested the Community Development Director be sent to the meeting to report on the complexities cities face when dealing with COIs or non-COIs. She noted, although the COl classification came from an effort by Bermuda Dunes to protect itself from surrounding cities, they never received that classification and have been able to survive in their protected boundary. She feels Vista Santa Rosa was obsessed with' getting the classification and lost sight of what they needed to do, which is to work together. She stated the COIs will be represented at the meeting, and she feels it's important for the Commission to hear all sides of the argument. Council Member Sniff asked if the COIs have legal standing and definition. Council Member Henderson stated the COl classification gives the community a period of time to explore their future governess but the community perceives it as a land-use authority that does not exist. She believes it's a level of imaginary government that causes confusion among the residents. Council concurred with sending the Community Development Director to make a report at the meeting. 2. DISCUSSION REGARDING COMPENSATION FOR PLANNING COMMISSIONERS. Mayor Adolph stated he has been approached by one or two Planning Commissioners about the possibility of increasing their compensation from $75 to $100 per meeting. A brief discussion ensued as to whether or not compensation for all of the commissions should be considered. The consensus of the Council was to direct staff to place the matter of compensation for the Planning Commission on a future agenda. ADJOURNMENT There being no further business, it was moved by Council Members Sniff/Osborne to adjourn. Motion carried unanimously. Respectfully submitted, . JUNE S. GREEK, City Clerk City of La Quinta, California