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2000 07 05 CC Minutes LA QUINTA CITY COUNCIL MINUTES JULY 5, 2000 A regular meeting of the La Quinta City Council was called to order at the hour of 2:00 p.m. by Mayor Pefia. PRESENT: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a ABSENT: None PUBLIC COMMENT - None CLOSED SESSION 1. Conference with Labor Negotiators Ski Harrison, Mark Weiss and John Ruiz Regarding Negotiations with the La Quinta City Employees Association Pursuant to Government Code Section 54957.6 - Meet and Confer Process. 2. Public Employee - City Manager - Pursuant to Government Code Section 54957. Council recessed to The Redevelopment Agency and to Closed Session to and until the hour of 3:00 p.m. 3:00 P.M. Mayor Pe~a led the audience in the Pledge of Allegiance. PUBLIC COMMENT - None CONFIRMATION OF AGENDA - Confirmed APPROVAL OF MINUTES There were no minutes presented for approval. ANNOUNCEMENTS - None City Council Minutes 2 July 5, 2000 PRESENTATIONS - None WRITTEN CORRESPONDENCE 1. LETTER FROM COACHELLA VALLEY ARTS ALLIANCE REGARDING A REQUEST FOR $60 TO ASSIST IN THE COST OF FILING FEES FOR THE STATE AND FEDERAL TAX EXEMPTION STATUS. The members of the Council discussed the request letter and Mayor Pefia expressed concern that the City has not been approached to appoint a representative to this organization and questioned if any action should be taken on requests prior to the actual formation of this Alliance. Council Member Perkins stated he would like to see a Statement of Organization prior to funding any fees. Mayor Pro Tem Sniff suggested the letter be received and filed with no official action being taken. The City Council agreed by unanimous consensus. CONSENT CALENDAR Council Member Perkins requested removal of Consent Calendar Item 4 for discussion. Council Member Henderson requested the removal of Item 7 for separate discussion. Mayor Pefia indicated he would be abstaining on Item 8 due to a potential conflict of interest. 1. APPROVAL OF DEMAND REGISTER DATED JULY 5, 2000. 2. APPROVAL OF A ONE-YEAR CONTRACT EXTENSION FOR PROJECT LMC 99- 01, LANDSCAPE LIGHTING MAINTENANCE CONTRACT. 3. APPROVAL OF AN AWARD OF CONTRACT FOR THE CITYWIDE LANDSCAPE MAINTENANCE CONTRACT, LMC 2000-2001. 4. APPROVAL OF ON-GOING RENTAL USE OF THE SENIOR CENTER BY NEW LIFE COMMUNITY CHURCH. City Council Minutes 3 July 5, 2000 Council Member Perkins questioned if this use creates any problem with the separation of church and state regulations. City Attorney Katherine Jenson responded that since the Senior Center is made available to a number of diverse organizations this would not constitute a misuse of the facility. MOTION - It was moved by Council Members Adolph/Perkins to approve the on- going rental use of the Senior Center by New Life Community Church. The motion was unanimously carried. MINUTE ORDER NO. 2000-125. 5. ADOPTION OF A RESOLUTION ESTABLISHING THE NUMBER OF TIMES THE GENERAL PLAN CAN BE AMENDED IN A CALENDAR YEAR. (RESOLUTION NO. 2000-77) 6. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY DEVELOPMENT DIRECTOR TO ATTEND THE 2000 CALAFCO ANNUAL CONFERENCE TO BE HELD IN SAN DIEGO, CA, AUGUST 30, 31 AND SEPTEMBER 1, 2000. 7. APPROVAL OF CONTRACT SERVICES AGREEMENT WITH KINER/GOODSELL ADVERTISING FOR FISCAL YEAR 2000/2001. Council Member Henderson questioned the action taken by the City Council on June 20, 2000 with regard to "rack cards." She stated it was her understanding that the Council had directed the rack cards be eliminated from the Marketing Plan. Assistant City Manager Mark Weiss stated the action taken was to approve the plan as submitted. He indicated the tape of the meeting confirmed the concern expressed by two members of the Council but that no formal action was taken regarding the rack cards. MOTION - It was moved by Council Members Sniff/Perkins to approve the Contract Services Agreement with Kiner/Goodsell Advertising for Fiscal Year 2000/2001 with the elimination of the Travel/Tourism Rack Card. The motion was unanimously carried. MINUTE ORDER NO. 2000-126. 8. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 29563, ALlSO II, CENTURY HOMES. (RESOLUTION NO. 2000-78) City Council Minutes 4 July 5, 2000 9. APPROVAL OF AWARD OF PROFESSIONAL SERVICES CONTRACT TO THE FIRM OF PROFESSIONAL SERVICES INDUSTRIES (PSI) TO PROVIDE MATERIALS TESTING SERVICES FOR ASSESSMENT DISTRICT 2000-1, PHASE A, B, C, AND D IMPROVEMENTS, PROJECT NO. 98-19. 10. APPROVAL OF AWARD OF PROFESSIONAL SERVICES CONTRACT TO THE FIRM OF TRI-STATE LAND SURVEYORS AND CIVIL ENGINEERS TO PROVIDE CONSTRUCTION CONTROL STAKING FOR ASSESSMENT DISTRICT 2000-1, PHASE VI A, B, C, AND D IMPROVEMENTS, PROJECT NO. 98-19. 11. APPROVAL OF CONTRACT RENEWAL WITH THE FIRM OF TRI-LAKE CONSULTANTS TO PROVIDE CAPITAL IMPROVEMENTS PROJECT FIELD INSPECTION SERVICES. 12. APPROVAL OF CONTRACT RENEWAL WITH THE FIRM OF NICKERSON AND ASSOCIATES FOR ADMINISTRATIVE SUPPORT SERVICES. 13. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 23995°4, INCO HOMES. 14. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 23995-5, INCO HOMES. 15. ADOPTION OF A RESOLUTION PURSUANT TO HEALTH AND SAFETY CODE §33334.16 TO EXTEND FOR FIVE YEARS THE PERIOD DURING WHICH THE LA QUINTA REDEVEI. OPMENT AGENCY MAY RETAIN CERTAIN PROPERTY LOCATED AT (1) THE NORTHEAST CORNER OF AVENUE 48 AND ADAMS STREET AND (2) THE SOUTHEAST CORNER OF WASHINGTON STREET AND MILES AVENUE. (RESOLUTION NO. 2000-79) MOTION - It was moved by Council Members Perkins/Henderson to approve Consent Calendar Items 1-3, 5, 6, 8 (showing Mayor Pe~a ABSTAINED) and 9-15 as recommended. Items No. 5, 8 and 15 were approved by RESOLUTION NOS. 2000-77 through 79 respectively. The motion was unanimously carried. MINUTE ORDER NO. 1000-127. BUSINESS SESSION 1. CONSIDERATION OF A CULTURAL SYMPOSIUM PROPOSED BY THE CULTURAL ARTS COMMISSION ON NOVEMBER 4, 2000. Community Services Director Dodie Horvitz presented a brief staff report and asked Commissioner Shamis to speak on behalf of the Commission. City Council Minutes 5 July 5, 2000 Rosita Shamis, 78-955 Del Monte Court spoke regarding the goals and objectives of the proposed Cultural Symposium and urged the Council to approve the funding. Council Member Henderson said she realized the Commission has been working on this for some time but she questioned if the individual who has been selected as the keynote speaker is the best speaker available. She suggested it might be more appropriate to issue a Request for Qualifications to secure a main speaker. She also had some concern with regard to the material the speaker would be covering. Council Member Sniff stated he would not like to limit what the speaker might cover but he questioned if only one individual was considered by the Commission. Mrs. Shamis responded that she has attended Mr. Mackie's symposia and he is excellent in the field. She also advised that his fee includes several hours to discuss with the City Council and the Commission what the City hopes to accomplish with this event. Mayor Pe~a asked if the Commission is locked into the proposed date in November. Mrs. Shamis replied this is the best date for most of the individuals who will be participating on panels, etc. Council Member Adolph spoke in favor of the event and the request for $3,000. in funding. Mayor Pe~a agreed with Council Member Adolph and said he feels the Commission might wish to invite the Palm Springs Unified School District and several of the private schools in the community to attend. Council Member Henderson reiterated her concern that the request to fund the speaker is based on only one individual being considered. She felt this is not a sound practice for expenditure of public funds. Commissioner Leslie McMillan spoke to the matter of the cost involved and said some of the other participants who have been invited have their expenses underwritten to some extent by other organizations they represent. Council Member Perkins questioned if Mr. Mackie was being reimbursed for expenses only or if there were some services included and he suggested perhaps a sponsor might be found to cover the fees. City Council Minutes 6 July 5, 2000 Mrs. Shamis replied some of the fee is to cover professional services since Mr. Mackie will be providing organizational leadership and advice regarding the planning and operation of this symposium. MOTION - It was moved by Council Members Perkins/Sniff to authorize the Cultural Arts Commission to offer a Cultural Symposium on November 4, 2000 with a budget not to exceed 93,000. The authorization is with the understanding the Commission will make every attempt to secure a sponsorship to offset the cost of the keynote speaker. The motion 'was unanimously carried. MINUTE ORDER NO. 2000-128. 2. CONSIDERATION OF THE CULTURAL ARTS COMMISSION 2000-2001 WORK PLAN. Director of Community Services Dodie Horvitz presented a brief staff report. Mayor Pro Tem Sniff questioned the need for 40 hours per month for placement of public art and civic center campus art. Mrs. Horvitz responded the 40 hours is just an estimate based on recent actual time spent. She stated this will vary from month to month. Council Member Henderson objected to the language on page 006 of the staff report showing the task to be" Placement of Public Art & Civic Center Campus Art Pieces." She felt this gives the impression of multiple individual pieces of art will be placed in the Civic Center Campus as a part of this work plan. Council Member Perkins congratulated the Cultural Arts Commission on preparation of the work plan and said he is pleased with it, understanding that it is a planning tool and nothing is cast in concrete as a result of its approval. Mayor Pe~a suggested changing the title of the task on page 006 of the staff report to "Placement of Public Art Including Civic Center Campus Art." He felt this would address Council Member Henderson's concerns. Mayor Pro Tem Sniff referred to page 016 of the staff report showing the task "Temporary Art Placement Program." He stated he did not want to encourage the Commission to pursue this task since there are problems with the program such as the matter of liability. Commissioner Rosita Shamis responded that there are a number of famous artists who would like to loan art pieces to the community to enjoy and the Commission is actively looking at ways to resolve the insurance issues. The City Council Minutes 7 July 5, 2000 Council discussed possible locations for placement of temporary pieces of art and the medians on Washington Avenue and the long drive fronting the La Quinta Resort were both mentioned. Mayor Pro Tem Sniff questioned if six hours of staff time is adequate for "Research and Solicitation of Grants." Commissioner Leslie McMillan responded that this is an on-going program of the commission. The Council also discussed the value of the "Meet the La Quinta Artist" program. Council Member Henderson felt this will be more successful when the Civic Center Campus is completed. The Council also agreed the time of day when "Culture in the Courtyard" events are scheduled is awkward and should be reconsidered. It was moved by Council Members Sniff/Adolph to approve the Cultural Arts Commission 200-2001 Work Plan with the language on page 006 of the staff report amended per Mayor Pe~a's recommendation. MOTION - The motion was unanimously carried. MINUTE ORDER NO. 2000-129. 3. CONSIDERATION OF DESERT SANDS UNIFIED SCHOOL DISTRICT/CITY OF LA QUINTA COMMITTEE FORMATION. Director of Community Services Dodie Horvitz presented a brief staff report. Mayor Pro Tern Sniff questioned the City's participation in funding school programs at all, since the School Districts will be receiving funding from the State this year that was not available in recent years. Council Member Henderson stated it was not her intent to form a long-range committee when she suggested this. She said she would like to just hold discussions to determine if a need will still exist for setting aside Community Services funds for School District projects. Mayor Pe~a said he feels this might be more appropriate for a staff to staff dialog. The Council agreed by consensus to direct the staff to set up contacts with School District staff to investigate this matter. City Council Minutes 8 July 5, 2000 4. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 2.60, SECTION 2.60.020 (DESIGNATED EMPLOYEES - DISCLOSURE CATEGORIES) OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATIVE TO "CONFLICT OF INTEREST CODE". The staff report is on file in the Office of the City Clerk. MOTION - It was moved by Council Members Sniff/Adolph to take up an Ordinance by title only and waive further reading. The motion was unanimously carried MOTION - It was moved by Council Member Sniff/Adolph to introduce an Ordinance by title and number only, entitled: ORDINANCE NO. 346 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, AMENDING CHAPTER 2.60, SECTION 2.60.020 RELATING TO THE CITY OF LA QUINTA CONFLICT OF INTEREST CODE The motion was unanimously carried. 5. CONSIDERATION OF MARKETING COMMITTEE FORMATION AND DUTIES. Management Analyst Britt Wilson presented the staff report. Council Member Perkins stated he feels this is a very good idea and volunteered to serve on the committee. Council Member Henderson felt this should be set up as an Ad Hoc Committee with representatives from the Chamber of Commerce, the Arts Foundation, the La Quinta Resort, restaurant industry representatives and retailers. Mayor Pro Tem Sniff said he feels the auto dealers should be included since they do so much advertising and he also suggested that the Chamber of Commerce is the appropriate organization to sponsor this committee. Council Member Perkins and Council Member Henderson both indicated they favor the program as presented in the staff report with the Council participating. City Council Minutes 9 July 5, 2000 City Attorney Jenson in response to a question from Mayor Pe~a said an ad hoc committee that doesn't have a regularly scheduled meeting date and does not have continuing responsibility would not fall under the requirements of the Brown Act for noticing purposes. Doug Yavanian, representing KSL agreed the Chamber of Commerce would be a good organization to head up the formation of this committee and he suggested it be limited to five to seven members. He said he felt Kiner- Goodsell the City's marketing firm should be represented. Shelly Morris, the Board Chairman for the La Quinta Chamber of Commerce, said the Chamber will serve as the first point of contact to set up a meeting if this is the Council's desire. Mayor Pro Tern Sniff suggested the staff request information from the cities of Palm Desert and Indian Wells regarding the operation of their Marketing Committees. A formation committee consisting of the La Quinta Chamber of Commerce, KSL, City staff as assigned, and Kiner Goodsell was approved by consensus, with direction to staff to report back to the Council on the activities of the committee. 6. CONSIDERATION OF A RESOLUTION GRANTING THE CITY MANAGER AUTHORITY TO DENY, WITHOUT PREJUDICE, THE TRANSFER OF CONTROL OF A CABLE TELEVISION FRANCHISE GRANTED TO AN AFFILIATE OR SUBSIDIARY OF TIME WARNER, INC. The staff report recommending adoption of a resolution is on file in the Office of the City Clerk. MOTION - It was moved by Council Members Sniff/Adolph to adopt a resolution entitled: RESOLUTION NO. 2000-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING THE CITY MANAGER AUTHORITY TO DENY WITHOUT PREJUDICE THE TRANSFER OF CONTROL OF A CABLE TELEVISION FRANCHISE GRANTED TO AN AFFILIATE OR SUBSIDIARY OF TIME WARNER, INC. The motion was unanimously carried. City Council Minutes 10 July 5, 2000 7. CONSIDERATION OF CONTRACT SERVICES AGREEMENT AND LEASE EXTENSION WITH THE LA QUINTA CHAMBER OF COMMERCE FOR FISCAL YEAR 2000-2001. Management Analyst Britt Wilson presented a brief staff report recommending approval of a contract services agreement with the La Quinta Chamber of Commerce and authorizing the City Manager to execute the contract. Council Member Henderson questioned what effect there will be on the budget if the Main Street Marketplace is not held during the upcoming year. Shelly Morris, Chairman of the Board of the La Quinta Chamber of Commerce responded their budget calls for an expenditure of $5,000 for each Main Street Marketplace held. She said if they are unable to hold any or all of them, the Chamber will not bill the City for these events. MOTION It was moved by Council Members Sniff/Adolph to approve a contract services agreement with the La Quinta Chamber of Commerce in the Amount of $150,000 with the understanding the City will not be billed for any Main Street Marketplace events which are not held. The motion was unanimously carried. MINUTE ORDER NO, 2000-130 8. SECOND READING OF ORDINANCE NO. 344, APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT, BY AND AMONG THE CITY OF LA QUINTA AND STAMKO DEVELOPMENT COMPANY. CASE NO.: DEVELOPMENT AGREEMENT 97-002, AMENDMENT #2. APPLICANT: STAMKO DEVELOPMENT COMPANY. It was moved by Council Members Sniff/Henderson to read by title only and adopt an ordinance entitled: ORDINANCE NO. 344 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT, BY AND AMONG THE CITY OF LA QUINTA AND STAMKO DEVELOPMENT COMPANY MOTION - The motion carried with Council Member Adolph voting NO. City Council Minutes 11 July 5, 2000 STUDY SESSION - None REPORTS AND INFORMATIONAL ITEMS CVAG Human and Community Services Committee - Council Member Adolph reported the Committee has been experiencing a quorum problem and asked that an alternate be appointed to attend when he is not able to make a meeting. Council Member Perkins said he would be willing to serve as the alternate if the Council so desires. Staff was directed to place this on the next agenda. Council Member Adolph also passed out the text of a proposed Valley-wide massage ordinance that the Committee will be addressing and requested comments from the other members of the City Council. CVAG Executive Committee - Mayor Pe~a reported the meeting of July 17th will cover the subject of the Tribal Gaming Bill sponsored by Congresswoman Bono. DEPARTMENT REPORTS All other reports were noted and filed. MAYOR AND COUNCIL MEMBERS' ITEMS Council Member Sniff outlined his reasons for wishing to revisit the City's Campaign Contribution Limitation Ordinance and suggested it might be appropriate to return to the post-1997 campaign practices. The Council agreed by consensus to discuss this at the end of the agenda to allow the City Council the opportunity to review the material prepared by the City Attorney and received earlier in the day. Council recessed to the Redevelopmerit Agency meeting. City Council Minutes 12 July 5, 2000 Council reconvened and recessed to Closed Session (as delineated on Page 1) to and until 7:00 p.m. 7:00 P.M. PUBIIC COMMFNT There was no public comment offered at this time. PRFSFNTATIONS - None PUB! IC HFARINGS 1. CONTINUED PUBLIC HEARING TO CERTIFY A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO SUBDIVIDE 75.86 ACRES INTO 169 RESIDENTIAL LOTS AND OTHER COMMON LOTS ON PROPERTY LOCATED NORTH OF EISENHOWER DRIVE, EAST OF COACHELLA DRIVE AND A GENERAL PLAN AMENDMENT AND SPECIFIC PLAN TO ALLOW TRAFFIC SIGNAL SPACING OF LESS THAN 1,200 FEET. APPLICANT: U.S. HOMES, CORPORATION. Director of Community Development Jerry Herman presented the staff report. Marvin Roos, representing U.S. Homes described the proposed gated community. He stated the homes will be on lots ranging from over 10,000 to 27,000 square feet. The 169 single family homes will sell in the $400,000 plus price bracket. He said the major concern is the single access to the community that will be 1,200 feet from Coachella Drive and 800 feet from the Laguna De La Paz exit gate. He spoke in favor of approval of the project and the full turning access requested. Mayor Pro Tem Sniff questioned if the developer is planning to utilize any fill on this land. Mr. Roos responded that the lake will create some extra soil but the drainage plan is designed to drain both on and off-site to handle the 100 year storm flows. Mayor Pro Tem Sniff also questioned the closure of the historic Native American trail which can only be reached from this site. Mr. Roos responded the recommendation to close the trail was based on archeological and ecological concerns. City Council Minutes 13 July 5, 2000 Council Member Perkins expressed concerns regarding the direction of the flow of drainage from the site onto Eisenhower Avenue and the installation of a traffic signal on Eisenhower. Steve Speer, Senior Engineer, reported the drainage will be in a southerly direction and that the developer is allowed by Federal drainage laws to drain storm water onto "down stream" properties. Mayor Pe~a opened the public hearing at 7:10 p.m. Bev Lyons, 48621 Paseo Tarazo, spoke regarding the setbacks from the Laguna De La Paz perimeter walls. She requested that a setback at least as wide as the one provided between the lots in Laguna De La Paz and the wall be required. She felt the height of the single-story homes at 22 feet is excessive and she requested the Council require some mitigation measures for the existing wildlife on the site. Barb Ross, 48647 Vista Tierra, spoke in favor of the development with some conditions. She felt the property should be conditioned to be single story only, to insure that the pad elevations be the same as those in Laguna De La Paz, that the building heights be maintained at a maximum of 22 feet and that public access to the hiking trail be permitted. Council Member Adolph stated he would not favor any additional traffic signals on Eisenhower. He also said he would like to see the trail head made available to the public. In response to a question from Council Member Adolph, Director of Community Development Jerry Herman stated 22 feet is the maximum allowable height for single family homes. Mayor Pro Tem Sniff felt the number one issue with this project is the access and he said he is persuaded by the staff report that a proposed general plan amendment to allow a traffic signal at that location would not be advantageous. He said he is also against closure of the historic trail. Council Member Henderson stated she can not support installation of a traffic signal. She suggested the entrance be a right-turn in and a right-turn out only and that a second ingress/egress be located to the south of the 'project at Coachella Avenue, utilizing a shared-access with the adjoining property. Mayor Pro Tem Sniff questioned if the closure of the trail is a requirement of the Department of Fish and Wildlife. City Attorney Jenson responded that the trail specifically has not been ordered closed by the Department of Fish and Wildlife but that trails generally throughout the Santa Rosa Mountains are being City Council Minutes 14 July 5, 2000 studied with regard to protecting the habitat of endangered species and especially during lambing season of the big horn sheep. Council Member Perkins said he would like to condition the development to single-story homes only. He also recommended that the developer provide access to the trail and some provisions for habitat for the wildlife on the site. He agreed to a right-in, right-out main entrance with an additional southerly ingress/egress location at Coachella. Lastly, he suggested a condition that the lots adjoining Laguna De La Paz have a 25 foot set back. Council Member Henderson agreed with the 22 foot height limitation but she questioned if there is a way to keep the trail accessible when private property rights are at issue. City Attorney Jenson said the City Council could condition the developer to provide an easement for a trail to go along the toe of the slope from the south -westerly edge of the property to the historic trail head. Principal Planner Fred Baker informed the Council that the Department of Fish and Wildlife are aware that the City has proposed prohibiting human access to the hillsides in the environmental documents, copies of which they have received. Michael Lutz, president of U.S. Home Corporation, Central California Division, stated the development has been designed and is proposed to be a private gated community. He explained the hillsides comprise a large portion of the site, all of which is privately owned. He stated to keep the old Indian trail accessible to the public would be incompatible' with a private community. He also stated providing an easement for a trail to link up with the historic trail would create a very serious liability for the homeowners association of this development and would probably eliminate the ability of the association to donate the hillsides to a public entity. Council Member Perkins questioned if a continuance of this hearing would cause a serious hardship. Mr. Lutz stated the developers have a time constraint with their purchase agreement which would be badly impacted if the hearing is continued. Council Member Henderson asked if there would be ADA issues with a trail along the toe of the slope. City Attorney Jenson said if the land is donated to a public entity, the ADA requirements for handicapped accessibility would come into play. City Council Minutes 15 July 5, 2000 Council Member Henderson stated the trail closure is recommended in the City's EIR and she can support the closure but she cannot support the full access entrance into the development. Mayor Pe~a thanked the applicants and the public who came to give the Council their input. He stated he supports the staff recommendations other than the full turning access on Eisenhower. Mayor Pro Tern Sniff stated he can support the entrance as a right-in, right-out and the addition of an access point at Coachella but he would like to see if the trail issues can be addressed. Mr. Lutz stated the applicant can meet the recommendations regarding the shared access and a right-in, right-out, left-in at the entrance. They also can agree to the 20 to 25 foot rear yard setbacks and the height limitations for the homes, He felt the trail easement is not something they can agree to unless the City is willing to take on the responsibility for the trail and the hillside property above it. Mayor Pe~a stated he would like to recess the hearing at this time and go on to the other Public Hearings. He suggested staff could discuss the points of contention with the applicant during the break. City Manager Tom Genovese clarified that the discussion points to be covered during the break were, 1) the rear yard setback along the property adjoining Laguna De La Paz, 2) the shared access at Coachella, 3) the right-in, right-out at the main entrance, 4) the building height limitations, and 5) the trail access. Council concurred that those were the points to be covered. Mayor Pe~a declared a delay in the Public Hearing at 8:37 p.m. 2. CONTINUED JOINT PUBLIC HEARING WITH THE REDEVELOPMENT AGENCY, THE CITY OF LA QUINTA AND RECREACTION GROUP OF COMPANIES AND LINC HOUSING TO CONSIDER TWO AFFORDABLE HOUSING AGREEMENTS BETWEEN AND AGENCY AND RECREACTION GROUP OF COMPANIES AND LINC HOUSING. Community Development Director Herman gave a brief staff report stating this matter is recommended for continuance to the City Council meeting of August 1, 2000. City Council Minutes 16 July 5, 2000 MOTION - It was moved by Council Members Sniff/Adolph to continue the public hearing to the meeting of August 1,2000. The motion was unanimously carried. 3. PUBLIC HEARING ON THE SETTING AND PLACEMENT OF RESIDENTIAL WASTE COLLECTION SERVICE FEES ON THE TAX ROLL FOR RESIDENTIALLY- DEVELOPED PROPERTY, AND THE SETTING OF COMMERCIAL AND ROLL-OFF WASTE COLLECTION AND SERVICE FEES TO BE CHARGED AND COLLECTED BY WASTE MANAGEMENT OF THE DESERT; AND APPROVING THE RESTATED AND AMENDED AGREEMENT FOR THE COLLECTION, TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE AND THE RESTATED AND AMENDED AGREEMENT FOR THE COLLECTION AND RECYCLING OF RECYCLABLE MATERIALS. Community Development Director Jerry Herman presented the staff report and outlined the changes recommended in the materials distributed to the Council earlier. Assistant City Manager Mark Weiss explained the changes are as a result of some amended language recommended by the City's law firm. Council Member Henderson questioned how the special events are administered. Director Herman said committees planning a special event contact City staff who then serve as liaisons with Waste Management. Council Member Henderson also asked about the requirement to clean oil filters prior to their being picked up and suggested the word "thoroughly" be removed from the agreement (Section 2.2 Bo 1. second paragraph). She also asked about the elimination of the Marion Henderson clean up days and suggested the Bulky Pick Up Program be dedicated to Marion Henderson in the brochure. Mayor Pe~a asked how the "On-call Bulky Items Pick Up" works. In response, Mr. Mark Wasserman of Waste Management advised a call to the company 48 hours in advance of the requested pick up is required. Mr. Wasserman also advised that the port-aolets for special events are limited to 40 and the oil filters do need to be as clean as possible. He also said they would agree to the Marion Henderson/Desert Beautiful recognition in the brochure. Council Member Henderson said she is happy with the agreement with the exception of the seven-year contract term which she feels, on principal, is too long. City Council Minutes 17 July 5, 2000 Council Member Perkins said he feels the City and Waste Management have succeeded in negotiating an excellent contract and he complimented both City staff and the company representatives. MOTION - It was moved by Council Members Sniff/Adolph to adopt a resolution with amended wording entitled: RESOLUTION NO. 2000-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING THE REPORT PRESCRIBING THE CHARGES FOR RESIDENTIAL PARCELS FOR CITY-FURNISHED REFUSE COLLECTION FOR 2000-2001 AND DIRECTING THAT SUCH CHARGES BE COLLECTED ON THE TAX ROLLS The motion was unanimously carried. MOTION - It was moved by Council Members Sniff/Adolph to adopt a resolution entitled: RESOLUTION NO. 2000-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING THE COMMERCIAL WASTE AND ROLL-OFF COLLECTION SERVICE FEES FOR FISCAL YEAR 2000-2001 The motion was unanimously carried. MOTION - It was moved by Council Members Sniff/Adolph to adopt a resolution as amended entitled: RESOLUTION NO. 2000-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE RESTATED AND AMENDED AGREEMENT FOR THE COLLECTION, TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE BY AND BETWEEN THE CITY OF LA QUINTA AND WASTE MANAGEMENT OF CALIFORNIA, INC. The motion was unanimously carried. City Council Minutes 18 July 5, 2000 MOTION - It was moved by Council Members Sniff/Adolph to adopt a resolution as amended entitled: RESOLUTION NO. 2000-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE RESTATED AND AMENDED AGREEMENT FOR THE COLLECTION AND RECYCLING OF RECYCLABLE MATERIALS BY AND BETWEEN THE 'CITY OF LA QUINTA AND WASTE MANAGEMENT OF CALIFORNIA, INC. The motion was unanimously carried. RFCFSS - Mayor Pe~a declared a recess at 9:05 p.m. The meeting was reconvened at 9:34 p.m. with all members present. Continuation of: 1. CONTINUED PUBLIC HEARING TO CERTIFY A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO SUBDIVIDE 75.86 ACRES INTO 169 RESIDENTIAL LOTS AND OTHER COMMON LOTS ON PROPERTY LOCATED NORTH OF EISENHOWER DRIVE, EAST OF COACHELLA DRIVE AND A GENERAL PLAN AMENDMENT AND SPECIFIC PLAN TO ALLOW TRAFFIC SIGNAL SPACING OF LESS THAN 1,200 FEET. APPLICANT: U.S. HOMES, CORPORATION. City Manager Genovese asked the Director of Community Development to outline the first five points agreed upon by the staff and the applicant. Director Herman reported the following: 1. The applicant agrees to provide a 25 foot rear yard setback for all lots sharing a common boundary with Laguna De La Paz. 2. The applicant agrees to provide a five (5) foot wide easement along the base of the mountain slope from Eisenhower westerly to Lot G. 3.The applicant agrees to a single-story height limit of 22 feet for all units. 4. The applicant agrees to construct a street connecting the tract to the Coachella Drive/Eisenhower Drive intersection. This is to be shared access with the adjoining property.. 5. The applicant agrees to "A" Street at Eisenhower Drive being limited to a right-in, right-out, left-in only both from Eisenhower Drive and onto Eisenhower Drive. City Council Minutes 19 July 5, 2000 Marvin Roos, speaking on behalf of U. S. Homes, said while the developer is willing to provide a five-foot wide easement they are very concerned that they will not be able to find a public agency willing to accept the hillside/mountain acreage because of the liability issues a trail would present. Mr. Roos said they would like to have a condition specifying if they are unable to meet this requirement they can be released from having to provide for the five (5) foot trail. City Manager Genovese advised that the City of La Quinta would like to have the opportunity to assume ownership of the five-foot trail easement along the toe of the slope. City Attorney Jenson stated the hillside property would still be deed restricted and the City would only be liable for the easement if they decided to assume that ownership. Council Member Adolph asked if the matter of the pad elevations had been resolved. Mr. Roos stated they will not exceed the elevations in Laguna De La Paz for those Lots that are contiguous to the green belt and wall. He also stated no building pad elevation in the proposed tract will exceed the grade in Laguna De La Paz by more than 12 inches. Council Member Sniff suggested the developer approach the Mountain Conservancy to determine if they would be interested in acquiring the hillside portion of the property. He also questioned staff regarding the left-in turning movement. Chris Vogt, Public Works Director/City Engineer confirmed it would be left-in only and not left-out. He said this would provide a convenience to the future residents and he is comfortable that it will be a safe solution when a left-turn pocket is installed to handle this turning movement. Bob Harrington, 48647 Vista Tierra, spoke regarding the need for a 20 foot green belt adjacent to Laguna De La Paz on the west and north sides of the project. Mayor Pe~a closed the public hearing at 10:05 p.m. City Manager Genovese said a decision needs to be made as to whether or not the City Council wishes to have a five foot easement along the toe of the slope. City Attorney Jenson advised a change to the third paragraph on page 16 of the Addendum to Environmental Checklist should be made. This change would add City Council Minutes 20 July 5, 2000 the following statement, "unless the developer is able to dedicate and donate the hillside property and a five (5) foot easement for trail purposes to an appropriate public agency who accepts the property and the liability for the access trail." Mayor Pe~a and Council Member Henderson both agreed that the City has been on record in the Mitigated Negative Declaration that the trail will be closed and they should maintain that position. Community Development Director Jerry Herman explained that the matter of an easement would have to be decided prior to recordation of the final map. He stated a map can not be accepted for final recording if it is not complete. MOTION It was moved by Council Members Sniff/Adolph to adopt a resolution, with the understanding that the applicant will make a good faith effort to provide the dedication of an access trail and donation of the hillside property to an appropriate public agency: RESOLUTION NO. 2000-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR GENERAL PLAN AMENDMENT 2000-065, SPECIFIC PLAN 2000- 046, TENTATIVE TRACT MAP 29436 The motion was amended by both the maker of the motion and the second to include the language "adopt a resolution, as amended." The amendment and the motion were unanimously carried. MOTION - It was moved by Council Members Sniff/Henderson to adopt a resolution entitled: RESOLUTION NO. 2000-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DENYING A GENERAL PLAN AMENDMENT TO MODIFY THE CIRCULATION ELEMENT The motion was unanimously carried. MOTION - It was moved by Council Members Henderson/Sniff to adopt a resolution, as amended, entitled: City Council Minutes 21 July 5, 2000 RESOLUTION NO. 2000-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF 75.86 ACRES IN THE LOW DENSITY RESIDENTIAL ZONING DISTRICT INTO 169 SINGLE FAMILY LOTS, AND EIGHT LETTERED LOTS, LOCATED NORTH OF EISENHOWER DRIVE, EAST OF COACHELLA DRIVE The motion was unanimously carried. Continuation of: MAYOR AND COUNCIL MEMBERS' ITEMS City Attorney Katherine Jenson gave a brief staff report outlining the options available to the City Council. She explained the provisions of the City's adopted Campaign Expenditure Limitations are no longer enforceable, as a result of Proposition 208 having been enjoined by the courts. Mayor Pro Tem Sniff asked staff to let Council know the campaign limits in place prior to the adoption of City Ordinance No. 300. Mayor Pe~a suggested that staff be directed to prepare an ordinance repealing the existing Campaign Limitations. The City Council unanimousIV concurred. CITY ATTORNEY'S REPORT City Attorney Jenson reported, pursuant to Section 54957.1 of the Government Code (Brown Act), the City Council approved a new contract with City Manager Thomas Genovese. She advised this document will be available for public review in the office of the City Clerk upon execution. ADJOURNMENT There being no further business the meeting was adjourned to the next regular meeting to be held July 18, 2000, at 2:00 p.m. Respectfully submitted, JUNE S. GREEK, City Clerk City of La Quinta, California