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1997 05 20 CC Minutes/7 LA QUINTA CITY COUNCIL MINUTES MAY 20, 1 997 Regular meeting of the La Quinta City Council of May 20, 1 997 was called to order at the hour of 3:00 p.m. by Mayor Holt, followed by the Pledge of Allegiance. PRESENT: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt ABSENT: None PUBLIC COMMENT John Pena, 51-910 Avenida Navarro, and his daughter Jaclyn, asked that a crosswalk be installed at the intersection of Avenue 52 and Avenida Bermudas because of the number of people using the tennis courts and park area. CONFIRMATION OF AGENDA Mr. Genovese, City Manager, asked that Business Session Item No. 1 creative writing class financial request) be pulled from the agenda per the appIicant*s request. APPROVAL OF MINUTES Council Member Adolph advised of a correction on Page 8, changing Mr. & Mrs. Burden to Mr. & Mrs. Verdin. MOTION It was moved by Council Members Henderson/Adolph to approve the City Council Minutes of May 6, 1997 as corrected to read Mr. & Mrs. Verdin." Motion carried unanimously. ANNOUNCEMENTS None PRESENTATIONS Mayor Holt and the City Council presented Art Achievement Awards to the following students of La Quinta High School whose artwork was displayed at City Hall: Erica Abarca Jackie Bentzien Elijah Butler Danielle Abel Jissica Boltinghouse Estella Cano Kindra Asaro Brianna Burt Giselle Cano BIB] 06-20-1997-U01 11:14:46AM-U01 ADMIN-U01 CCMIN-U02 05-U02 20-U02 1997-U02 /7City Council Minutes 2 May20, 1997 Jose A. Delgado Trisha Jeffreys Anna McCue Virginia Delgado Leah Jones Leisa McKay Stacie Denten Amber Kitch Nikki Norton Shaun Encinias Zachary Knoles Miguel Olloque Rudy Escarsega Daniel Lanier Ricardo Park Robert Ferraud Alisa Lawson Jennifer Pierson Fernando Garcia Amanda Lewis Anna Read Krystal Garcia Ramsey Lucas Gabriel Rios Maria Gonzales Anthony Martinez Genaro Ruiz Raul Hernandez Bianca Montes Mia Tarzwell Edith Herrera Melissa McCormick Ray Taylor Danny Valencia Geniene Smith and Sally Diggs presented a plaque to Deputy Tim Basquez on behalf of the Desert Sands Unified School District's Safe and Drug Free Schools Advisory Committee, in appreciation of his services as School Resource Officer. They also thanked the City Council for providing the schools with a School Resource Officer. WRITTEN CORRESPONDENCE 1. LETTER FROM COACHELLA VALLEY RECREATION & PARK DISTRICT CVRPD) REQUESTING SUPPORT FOR THEIR ASSESSMENT DISTRICT. Phillip Hoy, 45-871 Clinton Street, Indic, Recreation Supervisor for Coachella Valley Recreation & Park District, advised that the ballots will be mailed on June 5th and a hearing will be held on July 23rd. Council concurred on having the Mayor send a letter of support and indication of CVRPD's benefit to the City. 2. LETTER FROM PGA WEST RESIDENTIAL ASSOCIATION, INC. REGARDING INCLUSION OF A HOTEL IN THEIR SPECIFIC PLAN. Council Member Adolph advised that the residents have some major concerns with the 65-foot-hotel site in PGA West that Council approved last August because it*s not in compliance with the City Code and the hearing was held in the summer when many of them were on vacation and unable to provide input. He supported bringing the specific plan back to Council for review. BIB] 06-20-1997-U01 11:14:46AM-U01 ADMIN-U01 CCMIN-U02 05-U02 20-U02 1997-U02 /7 City Council Minutes 3 May20, 1997 In response to Council Member Sniff, Mr. Herman, Community Development Director, advised that the original specific plan was approved in 1 984 and included a four-story hotel. It was amended to a six-story hotel in 1988 or 1 989 and none of the hotel requirements were changed in the recently-adopted specific plan. Council Member Sniff was concerned about it coming up for review in the summer again, but Mr. Herman advised that it wouldn*t come up until fall. Council Member Adolph stated that the homeowner associations are concerned that the property could be sold and the new owners could come in wanting to build a six-story hotel. Therefore, they wish to see the specific plan amended to comply with City standards. In response to Council Member Henderson, Mr. Herman advised that the specific plan belongs to KSL and either KSL or the City can apply to amend it. Should the City decide to revisit the document, the processing fees would be paid by the City and an amendment would take more than three months to process. Council Member Sniff felt it should be scheduled for early fall in order to provide access to the homeowners. In response to Council Member Perkins, Ms. Honeywell, City Attorney, advised that legislative documents such as specific plans, are subject to Council review at any time and taking it back through the process would allow Council to review and change it if they wish. Council Member Adolph said there may be other concerns, but the residents* main concern is the possibility of a hotel being built that would block their view. Council concurred on directing staff to bring the specific plan back through the process. 3. LETTER FROM BIA RELATIVE TO PROCESSING CONTRACT CHANGE ORDERS. Council concurred on referring this matter to staff. BIB] 06-20-1997-U01 11:14:46AM-U01 ADMIN-U01 CCMIN-U02 05-U02 20-U02 1997-U02 /7City Council Minutes 4 May 20, 1 997 4. LETTER FROM DORIS REED REGARDING MAINTENANCE OF UNSOLD PROPERTIES. Council Member Adolph advised that he spoke to Mrs. Reed and understood that the residents are concerned about the lawns of unsold properties not being kept up at Seasons Villas, as well as the lack of response from staff and Williams Development. He felt the City should give them some support and hoped that Code Enforcement could do something by contacting Williams Development and the Wells Fargo Bank. Mr. Herman, Community Development Director, advised that letters were sent to Williams Development and Wells Fargo Bank and according to Williams Development, Wells Fargo has foreclosed on the properties and is now responsible for their upkeep. However, it will be approximately four months before Wells Fargo has control of the properties and the receiver of the Chapter 7 claims there are no funds in the receivership. He advised that staff will continue to work on the matter. In response to Council Member Perkins, Ms. Honeywell, City Attorney, advised that if it's a public nuisance, the City can begin the public nuisance abatement process, but she felt the most appropriate action would be for Council to direct staff to investigate the matter further and report back to Council. Council concurred and directed staff to mail a response to Mrs. Reed. BUSINESS SESSION CONSIDERATION OF REQUEST BY THE LA QUINTA SENIOR CENTER*S CREATIVE WRITING CLASS FOR FINANCIAL ASSISTANCE IN PUBLISHING A BOOK. This item was pulled from the agenda see Confirmation of Agenda). 2. CONSIDERATION OF REQUEST BY THE PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS BUREAU CVB) FOR ENDORSEMENT OF PENDING RESOLUTION ACTION BY THE CVB REGARDING CITY ENDORSEMENT POLICY." Mr. Weiss, Assistant City Manager, advised that the CVB is requesting the City to endorse a pending resolution regarding a City Endorsement Policy" which discourages membering cities from entering into exclusive agreements that BIB] 06-20-1997-U01 11:14:46AM-U01 ADMIN-U01 CCMIN-U02 05-U02 20-U02 1997-U02 /7City Council Minutes 5 May 20, 1 997 could negatively impact other cities. The proposed resolution is a result of controversy related to Palm Springs' campaign with VISA and has been endorsed by Palm Desert, Rancho Mirage, and Indian Wells so far. He pointed out that enforcement and application are a few of the concerns of the policy and advised that Mike Fife, of CVB, was present to answer specific questions related to those matters. In response to Council Member Sniff, Mr. Weiss advised that Indian Wells, Rancho Mirage, and Palm Desert have voted to endorse the resolution, Palm Springs voted not to endorse it, lndio is scheduled to consider it on June 4th, and Cathedral City and Desert Hot Springs have not agendized it. In response to Mayor Holt, Mike Fife, President of the CVB, advised that the endorsement the CVB is looking for is more of a conceptual endorsement, as the resolution actually has no teeth" to it, in which the cities would be acknowledging an awareness that their actions could have an impact on neighboring cities. The Hospitality Board would act as the arbitrator in such situations. There is no intent to be involved in anything other than tourism, nor is there any intent to ask a city not to enter into relationships or partnerships. What they don't want is exclusive or preferential arrangements that would cause potential negative impacts as it happened when Palm Springs entered into an agreement with VISA and a $1 2 million piece of business was lost as a result. In response to Council Member Sniff, Mr. Fife advised that it's not CVB's intent to tell cities who they can and cannot do business with, noting that it was the elected officials who proposed the policy, not staff. He pointed out that had Palm Springs known what the impact would be, they could have entered into a different type of agreement, but he felt the current awareness would help preclude it from happening again. He advised that a simple majority vote minimum of five out of nine jurisdictions) is required for endorsement of the policy and he agreed that the resolution lacks enforceability, but advised that changing the by-laws is the only way to put teeth" in it and there's clearly no consensus for doing that. Council Member Sniff questioned the ability to know up-front what would harm another city or to know if the harm is real. In response to Council Member Sniff, Mr. Fife stated that the most compelling reason he could give for supporting the resolution is because it was the Executive Committee, of which Mayor Holt is a member, that requested it. He advised that the VISA program was known about for months before it was BIB] 06-20-1997-U01 11:14:46AM-U01 ADMIN-U01 CCMIN-U02 05-U02 20-U02 1997-U02 /7City Council Minutes 6 May20, 1997 adopted and the Palm Springs Mayor tried to convince the other Council Members not to adopt it because of its potential negative impact. Council Member Henderson advised that she appreciated the issue, but preferred the cities address the issue with a volunteer attitude rather than an unenforceable resolution which she has problems with. She didn't feel that any city is capable of predicting that which may be available to them tomorrow and felt that it would be wrong to tie their hands. She hoped each city would look at the overall picture and look to the CVB for guidance. Council Member Perkins didn't feel that Palm Springs, knowingly or deliberately, took their action to cause problems for other cities and felt that this is an area of individual city responsibility. He commented on the cities' joint efforts through CVAG and advised that he couldn't support the resolution and felt that a volunteer basis would be better. Mayor Holt believed Palm Springs knew what they were doing and pointed out that their Mayor tried to convince them not to do it. She felt that their actions were very serious and had a domino effect, which is why the JPA felt something should be done on a regional basis to prevent further occurrences. Council Member Henderson wasn't sure that a resolution alone would prevent future occurrences, but Mayor Holt felt it was a step forward. Mr. Fife advised that these same questions were raised by other Councils, particularly those who adopted the resolution and he felt they were trying to make a statement similar to the voluntary-basis suggestion, but took it one step further by formalizing the concept. He felt they were concerned that the seven years of regional efforts to promote tourism might fall apart. He advised that the volunteer basis has worked well until the Palm Springs incident, which he felt is why some of the cities have endorsed the resolution in an attempt to preclude it from happening again. Council Member Adolph believed each arrangement should be judged on its own merits and was opposed to the resolution. He felt enforcement would be difficult and prediction of the future impossible. He believed that it should be left up to each city, to decide how their decisions might impact other cities and felt that none of them would wish to do anything that would vastly hurt another city in the valley. Council Member Perkins felt that this has created attention to the problem and that cities will be more cautious in considering how their decisions might affect other cities. Council took no action on this matter. BIB] 06-20-1997-U01 11:14:46AM-U01 ADMIN-U01 CCMIN-U02 05-U02 20-U02 1997-U02 /7 City Council Minutes 7 May 20, 1 997 3. CONSIDERATION OF PROCESS FOR BOARD/COMMISSION INTERVIEWS. Mr. Weiss, Assistant City Manager, advised that on April 22, 1997, Council discussed the process for interviewing board and commission applicants and directed staff to prepare a list of pre-selected questions for Council's review. Staff asked for direction in regard to the list of questions and to the number of meetings that applicants should be required to attend as a pre-qualification for selection. Mayor Holt felt the process should also be formalized in regard to whether or not applicants should remain in the room during the interview process and to the order in which they are interviewed. She felt question No.2 should be eliminated because it's on the application, Nos. 5 and 12 should be changed to one or two instead of three objectives and attributes, and that Nos. 8 and 10 should be eliminated because she felt most applicants wouldn't be able to respond. She stated that she didn't have a problem with Council Members adding questions as long as they're appropriate and approved by the Council. Council Member Adolph advised that he has problems with Nos. 2, 8, 10, and 1 2 and stated that he felt one attribute was sufficient. Council Member Henderson agreed that Nos. 2 and 10 weren't necessary and felt that Nos. 4 and 11 are extremely good questions that support the need for applicants to attend two meetings prior to submitting their application. She felt the commissioners would agree with the two-meeting requirement because of the appointees that have resigned after attending a few meetings, due to the meetings not being what they expected. Mayor Holt felt the reason to reduce it to one meeting was because the commissions only meet once a month which would make it difficult for applicants to attend more than one meeting from *he time the vacancy is advertised until the applications are due. Council Member Henderson pointed out that the current vacancies have been advertised since January and that it's not necessary to always make appointments in June. She further noted that applications can be submitted anytime there's a vacancy. Council Member Perkins questioned why applicants should be required to attend two meetings when it's not a requirement for being on the Council. BIB] 06-20-1997-U01 11:14:46AM-U01 ADMIN-U01 CCMIN-U02 05-U02 20-U02 1997-U02 /7City Council Minutes 8 May 20, 1 997 Council Member Sniff didn't feel it*s appropriate to require applicants to attend the meetings and suggested that it be changed to a recommendation. He supported having all the applicants remain in the room during the interview process and advised that he didn't have a problem with the interviews being conducted in alphabetical order or by random selection. He supported eliminating Nos. 2, 8 and 10, noting that No. 8 might be beyond the applicants' scope, and suggested changing No.12 to some" instead of a set amount of attributes. Mayor Holt suggesting giving the applicants the list of questions when they file their application. Council Member Perkins suggested adding, have you ever attended the commission meetings," to the list of questions and advised that he prefers random selection. Mrs. Juhola, City Clerk, advised that applicants are asked about meeting attendance ori the application. Mayor Holt felt that was more appropriate. Council concurred on candidates remaining in the room during the interview process, using a random-selection process, eliminating questions 2, 8, and 1 0, changing questions 5 and 12 to some," recommending meeting attendance instead of requiring it, and asking the question about meeting attendance on the application instead of during the interview. MOTION It was moved by Council Members Sniff/Adolph to approve the Board/Commission Interview Process as outlined in the discussion. Motion carried unanimously. MINUTE ORDER NO.97-71. 4. CONSIDERATION OF: 1 CONTRACT SERVICES AGREEMENT FORM AND 2) CITY GRANT APPLICATION FORM, SCORING/EVALUATION SHEET AND REVIEW PROCESS. Mr. Weiss, Assistant City Manager, advised that Council has directed staff to develop a financial reporting form for those organizations that are funded through a contract services agreement. A draft form is included in the staff report. Staff was also directed to review the process for Community Service * Grants and to formalize that process as well as creating an application form and review criteria. To that end, staff reviewed the previously-used application form and updated it. BIB] 06-20-1997-U01 11:14:46AM-U01 ADMIN-U01 CCMIN-U02 05-U02 20-U02 1997-U02 /7 City Council Minutes 9 May 20, 1997 Council Member Adolph suggested that the applications be allowed to be typewritten or legibly printed. Council Member Henderson stated that she has always liked the community services grant application, that it is clear and contains all of the necessary information. She wished to see the same form modified) to be used for contracts for services. She also referred to the Taxpayers Bill of Rights and felt that their Form 990 should be attached to all applications. She felt that it makes good sense and provides the oversight the Council needs to provide as fiscal managers of taxpayers' funds. She referred to Item No. 7 on the criteria for scoring asking how you can know if there is a clear need for the funding without reviewing their budgets. She felt that it's important to require the budgets for that purpose. Council Member Sniff pointed out that the scoring sheet is applicable only to grants--not contracts for services. He didn't feel that it would be appropriate to use this scoring sheet for contracts they need to be dealt with on an individual basis wherein they produce a service the Council feels is important to the people of La Quinta. Council Member Perkins felt that the scoring sheet should be applied to contracts--that it provides the Council with additional information. Mayor Holt felt that it's an excellent scoring sheet for the grant process, but would not support its use for contracts. However, she wouldn't mind expanding the contract application to include more information similar to the grant application. Council Member Adolph agreed with the Mayor. Council Member Henderson felt that the scoring sheet would lend consistency to the process and would indicate to the Council that it would have been given critical review as to the completeness of the application by staff. Council Member Perkins felt that the Mayor's suggestion of expanding. the contracts application form is a good idea and could eliminate the need for the scoring sheet. In response to Mayor Holt, Mr. Genovese advised that staff can design an expanded application form for contracts and bring it back to Council for review. BIB] 06-20-1997-U01 11:14:46AM-U01 ADMIN-U01 CCMIN-U02 05-U02 20-U02 1997-U02 /7City Council Minutes 10 May20, 1997 MOTION It was moved by Council Members Sniff/Adolph to approve the Community Services Grant Application Form and Scoring Evaluation Sheet and Review Process and to direct staff to make the changes requested in the Contract for Services Agreement and return it to Council at the first meeting in June. Council Member Henderson asked if there was any support for including the IRS Form 990 on the applications. She also suggested that perhaps a way to determine whether funding should be considered a grant or a contract would be by the dollar amount being requested/allocated. Mayor Holt suggested making that decision at the next meeting when the contract application form is reviewed. In further response to Mayor Holt, Mr. Weiss advised the date for submitting grant applications is in September, 50 the Council will know what the budget is. He noted that there are some applications that are in a gray area, such as the request of the Sculpture Park and if there is another request for promotional funds for the Skins Game. Council Member Sniff felt that large requests like $50,000 or $75,000 should be separate from grants. Motion carried with Council Member Henderson voting NO. MINUTE ORDER NO.97-72. 5. CONSIDERATION OF SELECTION OF A CITY NEGOTIATING TEAM FOR FISCAL YEAR 1997198 CHAMBER OF COMMERCE CONTRACT NEGOTIATIONS, INCLUDING CONSIDERATION OF A NEW POSITION TO UNDERTAKE BUSINESS RETENTION AND ECONOMIC DEVELOPMENT ACTIVITIES. Mr. Weiss, Assistant City Manager, advised that there are two issues before the Council at this time. The first is the selection of a negotiating team for the Chamber contract and secondly, a request by the Chamber for staffing support for economic development activities--the Council needs to decide whether to consider that as a funding request within the City's budget or as part of the Chamber's contract negotiations. Council Member Sniff felt that it's important to include the request for additional staffing as part of the negotiation process. He preferred to see two Council Members on the negotiating team, but would support having staff handle it. BIB] 06-20-1997-U01 11:14:46AM-U01 ADMIN-U01 CCMIN-U02 05-U02 20-U02 1997-U02 /7 City Council Minutes 11 May 20, 1997 Council Member Henderson agreed that any request for a new position should take place during the contract negotiations and she further believed that staff should be authorized to negotiate the contract. Council Member Perkins believed that the requested staffing should come under budget discussions--he didn't feel that decision should be made prior to reviewing the overall budget. Mayor Holt didn't have a problem with the additional position being a part of the negotiations, but did feel strongly that staff should be authorized to negotiate the contract. Council Member Adolph asked if the intent is for a full-time position and Mr. Genovese advised that that has not yet been decided. Council Member Sniff believed that this should be a full-time position, but would not object to a half-time position everyday for the first year and to see how well it functions. Further, this person should work from the Chamber office during outreach type of services. MOTION It was moved by Council Members Sniff/Adolph to authorize City staff to negotiate a contract services agreement with the La Quinta Chamber of Commerce, including consideration of the Chamber's proposal for a position to undertake business retention and economic development activities. Audrey Ostrowsky, P.O. Box 351, La Quinta, commented that the Chamber of Commerce has always refused to open their books and it's illegal ror the City to give them funds on that basis. Motion carried with Council Members Henderson and Perkins voting NO. MINUTE ORDER NO.97-73. 6. CONSIDERATION OF A PROFESSIONAL SERVICES CONTRACT FOR THE GENERAL PLAN UPDATE CONSULTING SERVICES. Ms. di lono, Planning Manager, advised that the Consultant Selection Committee has recommended that the City enter into a Professional Services Contract with David Evans & Associates for consulting services to update the General Plan. It will be a 16-month process and include two community workshops and public hearings. BIB] 06-20-1997-U01 11:14:46AM-U01 ADMIN-U01 CCMIN-U02 05-U02 20-U02 1997-U02 /7City Council Minutes 1 2 May 20, 1 997 In response to Council Member Henderson, Ms. di lono advised that the two workshops will be held in the early fall. In response to Council Member Henderson, Mr. Herman, Community Development Director, advised that staff will start a list of names and addresses of residents who express interest in attending the workshops so they'll receive a notice by mail when the workshops are scheduled. MOTION It was moved by Council Members Adolph/Sniff to authorize the Mayor to sign a Professional Services Contract with David Evans & Associates Inc. for consulting services to update the General Plan in an amount not to exceed $192,020, and to appropriate $192,020 for these services. Motion carried unanimously. MINUTE ORDER NO.97-74. 7. CONSIDERATION OF AUTHORIZING THE DISTRIBUTION OF AN RFP FOR AB939 SERVICES FOR FISCAL YEAR 1997/98. Mr. Herman, Community Development Director, advised that the City has met its 1 995 State mandate of 25% waste reduction and is progressing well toward a 50% reduction by the year 2000 due to the programs that have been implemented and the expansion of curbside and green waste recycling programs that have been negotiated with Waste Management of the Desert. Staff recommended that the City hire a consultant to monitor the AB939 program and advised that the City will continue participating with other cities in the valley on regional waste concerns. In response to Council Member Adolph, Mr. Herman advised that the consultant will only monitor existing programs and added that staff is trying to keep the contract comparable with the existing contract. Council Member Perkins understood the advantages, but was concerned that it might cost more. Mayor Holt felt that if a joint effort was continued, the City would probably get involved with more programs that would cost more money and Mr. Herman advised that that's the reason behind staff's recommendation. In response to Council Member Henderson, Mr. Herman advised that the telephone book recycling program is part of the Waste Management contract, but it's coordinated through the AB939 consultant contract to insure community awareness. BIB] 06-20-1997-U01 11:14:46AM-U01 ADMIN-U01 CCMIN-U02 05-U02 20-U02 1997-U02 /7 City Council Minutes 13 May20, 1997 Council Member Henderson was concerned that there might be a duplication of paperwork regarding communications which would contribute to the waste problem and felt that advertising in the newsletter and Palm Desert Post would be sufficient. Mr Genovese, City Manager, advised that when the RFP comes in, changes can be made to reduce costs. Council Member Henderson advised that it was her understanding that the AB939 program would evolve itself out as the program becomes part of normal service and she suggested using the funds for educational items such as SCRAP. She asked if the consultant would have authority to request reporting forms from Waste Management and be able to audit them to which Mr. Genovese advised that the contract could be written either way. Council Member Sniff referred to some past materials he distributed to Council which indicated that Waste Management has not lived up to their contract. He felt that EcoNomics is an extremely knowledgeable firm and questioned the need to make a change. Mr. Herman advised that an individual contract will give the City more control over its AB939 program and make it easier to downsize it. Council Member Sniff pointed out that the previous joint-effort contract included items that were unique to La Quinta and he asked if there were problems with the consultant*s service to which Mr. Herman responded no. Council Member Henderson pointed out that EcoNomics would not be precluded from responding to the RFP. MOTION It was moved by Council Members Sniff/Adolph to approve the request to distribute a Request for Proposals RFP) and authorize staff to begin the selection process. Motion carried unanimously. MINUTE ORDER NO.97- 75. 8. CONSIDERATION OF ADOPTION OF A RESOLUTION REAFFIRMING THE ClTY*S ADOPTION OF THE ANNUAL ASSESSMENT FOR CSA 152, AUTHORIZING RIVERSIDE COUNTY TO CONTINUE TO LEVY ASSESSMENTS, AND INDEMNIFY AND HOLD THE COUNTY HARMLESS FOR LEVYING ASSESSMENTS ON CITY PARCELS UNDER CSA 152. Mr. Vogt, Public Works Director, reviewed the history behind the CSA 1 52 assessment which is collected and passed on to the City by the County. He advised that in light of Proposition 21 8, the County has agreed to continue BIB] 06-20-1997-U01 11:14:46AM-U01 ADMIN-U01 CCMIN-U02 05-U02 20-U02 1997-U02 /7City Council Minutes 14 May20, 1997 collecting the assessment, providing that the funds are only used for exempt uses and that the City adopt a resolution holding the County harmless. The cities of Corona, Moreno Valley, Rancho Mirage, and Riverside have adopted resolutions, but Desert Hot Springs and Palm Desert have not and Palm Springs will consider it on May 21st. RESOLUTION NO.97-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, MAKING FINDINGS AND RECONFIRMING THE ESTABLISHMENT AND SETTING RATES FOR THE COUNTY SERVICE AREAS 152 TO FUND THE CITY'S STREET SWEEPING PROGRAM AND COOPERATE AND MAINTAIN THE CITY'S DRAINAGE AND FLOOD CONTROL SYSTEMS. It was moved by Council Members Sniff/Adolph to adopt Resolution No.97-39 as submitted. Motion carried unanimously. 9. SECOND READING OF ORDINANCES ORDINANCE NO.302 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTION 12.32.120 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE, EXEMPTING CERTAIN COMMERCIAL VEHICLES FROM PARKING RESTRICTIONS. It was moved by Council Members Sniff/Adolph to adopt Ordinance No.302 on second reading. Motion carried by the following vote: AYES: Council Members Adolph, Sniff, Mayor Holt NOES: Council Members Henderson, Perkins ABSENT: None ABSTAIN: None CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED MAY 20, 1997. 2. TRANSMITTAL OF TREASURER'S REPORT DATED MARCH 31, 1997 FOR THE CITY OF LA QUINTA AND THE LA QUINTA FINANCING AUTHORITY. BIB] 06-20-1997-U01 11:14:46AM-U01 ADMIN-U01 CCMIN-U02 05-U02 20-U02 1997-U02 /7 City Council Minutes 15 May20, 1997 3. APPROVAL OF A ONE-YEAR CONTRACT EXTENSION, LMC 1995/96 WITH LUNDEEN PACIFIC CORP., AND APPROVAL OF CONTRACT CHANGE ORDER NO.2 FOR THE ADDITION OF TRACT 23913, QUINTERRA, AND TRACT 26188, DEL REV, AND FRITZ BURNS PARK MAINTENANCE. 4. APPROVAL OF PROJECTS FOR INCLUSION ON THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM. 5. APPROVAL OF FINAL MAP AND SUBDIVISION AGREEMENT FOR TRACT 27899, CENTURY CROWELL COMMUNITIES. 6. APPROVAL OF FINAL MAP AND SUBDIVISION AGREEMENT FOR TRACT 25363-2, DEL REV AT LA QUINTA NORTE. 7. AWARD OF CONTRACT FOR JEFFERSON STREET RESURFACING, PROJECT NO.96-01 TO GRANITE CONSTRUCTION, FEDERAL AID PROJECT NO. STPL- 5433001. 8. AUTHORIZATION TO ADVERTISE AND RECEIVE BIDS FOR CALLE TAMPICO BICYCLE AND PEDESTRIAN SAFE ROUTE, PROJECT NO.97-04. 9. ACCEPTANCE OF IMPROVEMENTS WITHIN PROJECT NO. 95-10, BEAR CREEK CHANNEL BIKE PATH, URBAN FORESTRY PROJECT AND AUTHORIZATION TO FILE A NOTICE OF COMPLETION. MOTION It was moved by Council Members Sniff/Adolph to approve the Consent Calendar as recommended. Motion carried unanimously. MINUTE ORDER NO.97-76. STUDY SESSION 1. DISCUSSION OF SUMMATION ON MEETINGS HELD WITH THE VILLAGE AREA PROPERTY AND BUSINESS OWNERS REGARDING DEVELOPMENT OF THE VILLAGE AREA. Ms. di lono, Planning Manager, advised that in March, three meetings were held with property owners and business owners to discuss the specific plan for The Village. The main topics of discussion were: 1) the need for both City and private funding for development costs; 2) reducing the art focus in favor of more cafes, shops, and entertainment uses; 3) the need for regional attraction as opposed to tourism; 4) additional allocation of funds for The Village for marketing efforts, street maintenance, and dust control; 5) less domination of art theme, but still providing a specified area in The Village for the Arts Festival; 6) financing alternatives for street improvements; 7) the need BIB] 06-20-1997-U01 11:14:46AM-U01 ADMIN-U01 CCMIN-U02 05-U02 20-U02 1997-U02 /7City Council Minutes 16 May 20, 1997 to fund projects that stimulate investment and interest; 8) better interaction for Village businesses to participate in events in their area 9) creation of a Village task force; and, 10) direct attention to immediate needs such as lighting, pedestrian improvements, street repairs, and landscaping. Mr. Herman, Community Development Director, advised that a Cal Poly urban design class is working with the Chamber and is expected to make a presentation and recommendation on June 25th. Mayor Holt wished to have it brought back at a Special Study Session. Council Member Sniff didn't feel that it's too late to do something constructive in The Village and suggested that it be divided into subsections wherein the infrastructure needs and costs could be developed for each area with a logical progression for installation. He further suggested that a task force, consisting of one or two Council Members, at least six property owners, and two members at large, be appointed to address this issue. He noted that the City has dealt with this for a long time without any progress and he felt that subsections may be the way to go. Council Member Perkins wasn't sure it's the way to go, but agreed that something must be done, stating that he's always wanted to scrap the specific plan and start over. He felt the City should take a hard look at The Village and get the property owners involved and, hopefully, get something going before November. He wished to include this in the budget discussions to decide what can and cannot be done. Audrey Ostrowsky, P.O. Box 351, felt that streets are the greatest need in The Village and questioned why they're being built everywhere except The Village, noting that those being constructed south of the Civic Center will have to be reconstructed when sewers are installed. She commented on the Art Foundation's use of downtown property to park during the Art Festivals and felt that the only way to have a downtown is to move the Arts Festivals out. She believed art galleries are wonderful culturally, but not economically and suggested the City spend money for street improvements to bring in new businesses instead of giving it to non-profit organizations. Council Member Henderson agreed that there may have been some mis- guidance of funds over the years when infrastructure was needed and that the specific plan has probably hindered development in The Village, but she didn't know how to move forward without forming a task force which she felt usually carries a cloud with it. She noted that $200,000 has been set aside for capital improvements in the upcoming budget. BIB] 06-20-1997-U01 11:14:46AM-U01 ADMIN-U01 CCMIN-U02 05-U02 20-U02 1997-U02 /7 City Council Minutes 17 May 20, 1997 Council Member Adolph felt that everyone is wanting the same thing and that it will take a cooperative effort by everyone to make it work, noting that the meetings were attended mostly by staff. In response to Mayor Holt, Mr. Herman advised that upon the conclusion of Cal Poly's presentation on June 25th, their vision on how to proceed will be brought to Council in July. It will then be reviewed by the Planning Commission and brought back to Council, hopefully, on August 5th. Council Member Sniff felt the main issue is lack of funding and asked for support in dividing the area into subsections. Mr. Genovese advised that it could be included in the next discussion. He noted that the challenge is not knowing what the potential development Is. Mayor Holt advised that she wished to reconsider Business Session Item No.9. A brief discussion ensued regarding the policy for reconsidering a vote and Ms. Honeywell, City Attorney, advised that Council has adopted its own procedure for such action with there being no special consideration for seconding the motion and she then read the related section of Council's Rules of Procedure. MOTION It was moved hv Mayor Holt and seconded by Council Member Perkins to reconsider Business Ses Item No.9. Motion carried with Council Members AdolphiSniff voting NO:. *UTE ORDER NO.97-77. BUSINESS SESSION................continued 9. SECOND READING OF ORDINANCES. ORDINANCE NO.302 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTION 12.32.120 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE, EXEMPTING CERTAIN COMMERCIAL VEHICLES FROM PARKING RESTRICTIONS. Council Member Adolph advised that he has supported the ordinance because he wished to help Mr. Donlin by giving him six months to purchase equipment that meets City Code. In response to CQunciI Member Adolph, Mr. Hartung, Building & Safety Director, advised that staff has not enforced the Code with Mr. Donlin, but BIB] 06-20-1997-U01 11:14:46AM-U01 ADMIN-U01 CCMIN-U02 05-U02 20-U02 1997-U02 /7City Council Minutes 18 May20, 1997 they haven't made any promises either. He advised that he was uncomfortable about stretching the non-enforcement out for six months. Mayor Holt felt that Council has sympathized with Mr. Donlin, but she was concerned that this is something that could go on and on. Mr. Hartung advised that staff would continue to be reasonable in working with Mr. Donlin, but reiterated that he didn't feel it could go on for six months. MOTION It was moved by Mayor Holt and seconded by Council Member Henderson to deny Ordinance No.302. Motion was withdrawn. MOTION It was moved by Mayor Holt and seconded by Council Member Perkins to deny the second reading of Ordinance No.302. Motion carried with Council Member Sniff voting NO. MINUTE ORDER NO.97-78. Council Member Perkins noted that there hasn't been a big rush to take advantage of the change, but stated that he wasn't sure it's proper to change an ordinance for one person. 2. DISCUSSION REGARDING LEAF BLOWERS. Mr. Herman, Community Development Director, advised that on April 1 5, 1 997, staff was directed to research the regulation of leaf blowers in the neighboring cities and to bring options back to Council for their consideration. The only local jurisdictions with specific regulations are Indian Wells, Cathedral City, Rancho Mirage, and Palm Desert and they are as follows: IndianWells: electrically-powered blowers may be used by occupants; gas- powered blowers may be used by golf courses between September 1 5th and December 1st; hours of operation are 8:00 a.m. to 5:00 p.m., Monday through Friday and 9:00a.m. to 5:00p.m. on Saturday; use is also restricted within 10 feet of windows, doors, or mechanical air ducts. CathedralCity gas or electrically-powered blowers may be used; hours of operation are 8 0O a.m. to 8:00 p.m. in residential areas and 7:00 a.m. to 8:00 p.m. in all other areas. BIB] 06-20-1997-U01 11:14:46AM-U01 ADMIN-U01 CCMIN-U02 05-U02 20-U02 1997-U02 /7 City Council Minutes 19 May20, 1997 Rancho Mirage hours of operation are 7:00 a.m. to 7:00 p.m. with no use allowed on Sundays and holidays except by City Manager permission; hours of operation for golf courses are 5:30 a.m. to 7:00 p.m., every day of the year. PalmDesert: hours of operation are 8:00 a.m. to 3:00 p.m., Monday through Friday, and 9:00 am. to 12:00 noon, Saturday and Sunday; use is also restricted within 10 feet of any operable window, door, or mechanical air duct. Council Member Perkins preferred banning leaf blowers altogether, but suggested that staff bring the issue back to Council with a proposal for potentially banning their use on Saturdays and Sundays, which he felt was reasonable, or at least setting reasonable hours of operation. He further suggested that use be restricted within 10 feet of houses and air conditioning Systems and that some concession be given to golf courses. Council Member Henderson advised that she, too, wished to completely ban their use, but didn't feel that it would work because of the need. Her gardener has stopped using his and she felt people should be considerate of others when they do use them. She agreed that golf courses should be given extra consideration, but pointed out that some residents live adjacent to a golf course and she questioned how that would be dealt with. She wished to see a good-faith effort made and suggested that the City look at its own landscape contract to find out what equipment is being used and perhaps show a neighbor*y approach to this issue by beginning the restrictions in-house. Council Member Perkins advised that he liked Section 11.96.060(D) of Cathedral City's ordinance in regard to controlling the hours of operation. Council Member Sniff didn't have a problem with leaf blowers, but felt that restricting the hours of use would be logical. He also agreed with handling golf courses differently. Council Member Perkins concurred. Mr. Genovese, City Manager, advised that when this issue is brought back to Council at a Special Study Session, it will include a discussion on how it would impact the City's own landscape contract. Council recessed to Closed Session to and until the hour of 7:00 p.m. BIB] 06-20-1997-U01 11:14:46AM-U01 ADMIN-U01 CCMIN-U02 05-U02 20-U02 1997-U02 /7City Council Minutes 20 May20, 1997 CLOSED SESSION Mayor Holt abstained from participating in Item No.3 and one of the four cases listed under Item No.1 as she has consistently done in the past. 1. Conference with legal counsel pursuant to Government Code Section 54956.9(c), concerning potential initiation of litigation four cases). 2. Evaluation of Council-appointed position City Attorney, pursuant to Government Code Section 54957.6. 3. Conference with legal counsel pursuant to Government Code Section 54956.9(a), regarding existing litigation Stamko Development Co., Case No. INC. 000492. 7:00P.M. PUBLIC COMMENT None PUBLIC HEARINGS 1. TENTATIVE TRACT 28444- SUBDIVISION OF 38.36 ACRES INTO 69 SINGLE- FAMILY AND OTHER COMMON LOTS LOCATED ON THE SOUTH SIDE OF THE SOUTHERN TERMINUS OF PGA BOULEVARD AND WEST OF MADISON STREET, ABUTTING THE TOM WEISKOPF AND JACK NICKLAUS TOURNAMENT GOLF COURSE. APPLICANT: KSL LAND CORPORATION. The Mayor declared the PUBLIC HEARING OPEN. Ms. di lono, Planning Manager, presented the staff report pointing out the location of the proposed tract on a map and advised that the property in question is zoned R-0 Low-Density Residential) and is subject to the provision of Specific Plan 83-002, Amendment No.3. The proposed lot sizes range from 12,750 sq. ft. to 30,983 sq. ft. and will have access to Jack Nicklaus Boulevard and Winged Foot with locked) emergency accesses proposed on PGA Boulevard and Madison Street. The Planning Commission reviewed the Tract Map on April 22, 1 997, and recommended approval subject to the conditions contained in the staff report. Alex Bowie, 4920 Campus Drive, Newport Beach, an attorney representing Coachella Valley Unified School District, addressed the Council referencing BIB] 06-20-1997-U01 11:14:46AM-U01 ADMIN-U01 CCMIN-U02 05-U02 20-U02 1997-U02 /7 City Council Minutes 21 May 20, 1997 Condition No.39 of the original approval of Specific Plan 83-002. He advised that in April 1 996, a lawsuit was filed for Declaratory Relief to resolve some of these issues with KSL. At that time, KSL took the position that certain matters occurred in Bankruptcy Court regarding whether they purchased certain lands from Landmark Land Co. of California or Landmark Land Co. of Delaware. At about the same time, Amendment No. 3 came into being. CVUSD's position is that, if it*s the City's position that Condition No.39 has been rescinded as a result of Amendment No.3, it'S not legally permissible for the Council to approve this Tract Map. The two reasons for their position is based on Resolution 84-31 which approved the Specific Plan and if Condition No.39 was rescinded, then the zoning on this property was invalidated, which they don't believe the Council did. Additionally, an Environmental Impact was prepared which contained Condition No.30 which basically says the same thing as Condition No.39. He stated that Condition No.39 provides that applicants shall pay a per-unit school development fee as determined by the Desert Sands and Coachella Valley Unified School Districts in accordance with the school mitigation agreements as approved by the La Quinta City Council and in effect at the time of the issuance of building permits." He then reviewed what he saw as the City's procedure in making amendments and deleting conditions, which he didn't believe was followed in this instance. He commented that the difference between the statutory school fees and the fees they would be entitled to under the agreement they signed with Landmark Land Co. the previous owner) and accepted by the City) is $1,256,000 versus $6,256,000. He questioned that if it was the City's intent to remove Condition No.39, thus impacting the District in this manner, what kind of notice was given. Jim Saul, 57-136 Merion, representing PGA West II Residential Association, Inc., addressed the Council on the matter of the PGA West Specific Plan, Amendment No.3. They asked that there be no further approvals given for PGA West without review and approval of the Homeowner's Association, until the City Council has an opportunity to review the Specific Plan, as the residents have some major concerns, specifically with the height of the hotel. They have no objections to the Tentative Tract before the Council at this time. Mr. Genovese, City Manager, noted that earlier in the meeting 3:00 PM session), the Council directed staff to begin processing a review of the Specific Plan for PGA West shortly after summer. Chevis Hosea, Vice President of Commercial Land Development for KSL, advised that the tract before Council at this time is the least dense of any tract they've built to-date. It is a continuation of their intent to reduce it from a condominium neighborhood to a detached neighborhood with lower density. BIB] 06-20-1997-U01 11:14:46AM-U01 ADMIN-U01 CCMIN-U02 05-U02 20-U02 1997-U02 /7City Council Minutes 22 May20, 1997 He further commented that KSL paid a lot for the development rights based on certain entitlements. The homeowners bought into PGA West based on the Specific Plan which should have been properly disclosed when they purchased their property. Any adjustment to their entitlements could materially affect them in terms of millions of dollars. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. Ms. Honeywell, City Attorney, advised that the School District*s concern is related to some of the environmental documents that were relied upon for the amendment to the Specific Plan, which was an entire *`restatement" of the plan, unlike the earlier ame*drnent which deleted certain conditions. So, many of the conditions that were a part of the original plan, unless they were re- incorporated into the amendment, are no longer a part. Mr. Bowie's concern is that the original environmental was used for Amendment No.3 and contains the earlier Condition No.39 which requires that an agreement be entered into. His point being, that the same conditions are on the environmental, so how can the conditions on the Specific Plan be changed. If you turn to the Mitigation Measure No.30 in the original environmental it simply says that the applicant shall pay a per-unit school fee as determined by the school district. If you compare that with what is in the amended Specific Plan you will find that it is very similar.... not requiring an actual agreement. It's up to Council to make the findings, but she suggested that a decision by Council that the current State-mandated requirements, which were not in effect at the time of the original specific plan, could be deemed as adequate to meet the requirement in the EIR that school fees be paid and that they be determined by the school district. She added that the Specific Plan * not before the Council at this time and that these issues should have been raised at the time Amendment No.3 was before the Council. In respon *;o Council Member Adolph, Ms. Honeywell advised that anyone could name the City in a lawsuit at any time, but she believed that the lawsuit that is currently ongoing, has to do with an agreement that is either in place or not in place between those two parties. Council Member Sniff asked if anything could be gained by a two-week continuance and Ms. Honeywell advised that it would enable staff to take a closer look at all of the documents. Council Member Adolph supported a continuance. BIB] 06-20-1997-U01 11:14:46AM-U01 ADMIN-U01 CCMIN-U02 05-U02 20-U02 1997-U02 /7* City Council Minutes 23 May20, 1997 Council Member Perkins didn't wish to stymie good development, but felt that this City Council has always looked favorably upon the school districts and he hoped that somewhere in between, there could be some happy ground that will make everyone feel comfortable. He understood that delays are costly, but felt that the issue before Council is worthy of some further study. In response to Council Member Henderson, Ms. Honeywell stated that the only thing new she has not had an opportunity to review is the specific condition in the EIR. The only other opportunity that a delay would provide, would be to allow the interested parties to have further discussions to see if they can come to some understanding. Council Member Henderson felt that this is an awkward Situation because the information is not new. She felt that it involves the developer and the school district and that it will get solved either in or out of court. She saw no reason not to approve it this evening. Mayor Holt agreed with Council Member Henderson's comments. MOTION It was moved by Council Members Sniff/Perkins to continue consideration of Tentative Tract Map 28444 until the next meeting June 3, 1997). Motion carried with Council Member Henderson voting NO. MINUTE ORDER NO.97-79. REPORTS AND INFORMATIONAL ITEMS Riverside County Free Library Advisory Committee Council Member Henderson reported that at the last meeting, the committee discussed various bid proposals for the operation of the library system, but unfortunately, she didn*t see anything in the proposals that would please this City. All other reports were noted and filed. BIB] 06-20-1997-U01 11:14:46AM-U01 ADMIN-U01 CCMIN-U02 05-U02 20-U02 1997-U02 /7City Council Minutes 24 May 20, 1 997 DEPARTMENT REPORTS F-i. TRANSMITTAL OF THE REVENUE & EXPENDITURES REPORT DATED MARCH 31, 1997 FOR THE Cliv OF LA QUINTA AND LA QUINTA FINANCING AUTHORITY. MOTION It was moved by Council Members Sniff/Adolph to receive and file the Revenue & Expenditures Report for the City of La Quinta. Motion carried unanimo* MINUTE ORDER NO.97-80. MOTION It was moved by Council Members Sniff/Adolph to receive and file the Revenue & Expenditures Report for the La Cuinta Financing Authority. Motion carried unanimously. MINUTE ORDFR NO.97-81. MAYOR AND COUNCIL MEMBERS* ITEMS None Council recessed to Redevelopment Agency meeting. Council reconvened and recessed to Closed Session as delineated on Page 18. Council reconvened with no decision being made which requires reporting pursuant to Section 54957.1 of the Government Code Brown Act). There being no further business, the meeting was adjourned. Respec Ily submitted, SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California BIB] 06-20-1997-U01 11:14:46AM-U01 ADMIN-U01 CCMIN-U02 05-U02 20-U02 1997-U02