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1997 06 03 CC Minutes/Y LA QUINTA CITY COUNCIL MINUTES JUNE 3, 1997 Regular meeting of the La Quinta City Council 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 Robert Tyler, 44-21 5 Villeta Drive, suggested that the City implement an education campaign to inform residents of the need to remove their trash cans from the street once their trash has been collected and he questioned why residents have to separate their recyclables just to have Waste Management dump them into the same bin on the truck. CONFIRMATION OF AGENDA Council Member Henderson asked that Consent Calendar Item Nos. 7 and 3 be moved to Business Session Item Nos. 3 and 4. Council Member Adolph asked that Consent Calendar Item No. 6 be moved to Business Session Item No.5. Council Member Perkins asked that Consent Calendar Item No. 5 be moved to Business Session Item No.6. MOTION It was moved by Council Members Sniff/Adolph to move Consent Calendar Item Nos. 7, 3, 6, and 5 Cultural Commission Work Plan, Parks & Recreation Commission Work Plan, Washington Street & Avenue 48 Traffic Signal, and Contract Amendment for Korve Engineering) to Business Session Item Nos. 3, 4, 5, and 6 respectively. Motion carried unanimously. APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of May 1 5 and 20, 1 997 as submitted. In response to Council Member AdoIph*s question regarding the expiration of the Tolling Agreement, Ms. Honeywell, City Attorney, advised that if the issue is not BIB] 07-30-1997-U01 10:31:09AM-U01 ADMIN-U01 CCMIN-U02 06-U02 03-U02 1997-U02 /YCity Council Minutes 2 June 3,1997 resolved by the deadline, they*ll need an extension or decide whether or not to file the CEQA complaint. Motion carried unanimously. ANNOUNCEMENTS Council Member Henderson advised that she recently accepted the following awards from Desert Beautiful for the recipients: First Year Awards for La Quinta City Hall and Sesame Restaurant, Second Year Award for the La Quinta Sculpture Park, and Fourth Year Awards for Rancho La Quinta and the Historical Society Museum. PRESENTATIONS Don Martin, General Manager of Coachella Valley Recreation and Park District, and Sandy Donahue, Recreation Supervisor, introduced Lennie the Land Shark and gave a brief presentation on their water safety program which is targeted to children and available upon request. Mayor Holt and the City Council presented Art Achievement Awards to the following students of La Quinta High School: Martin Angulo Juanita Guillen Fernando Olivares Jim Berteig Miguel Hernandez Jason Parco Elijah Butler Tamara Hernandez Albert E. Perez Juan Cordero Irma Hinojosa Richard Ramirez Stacee Denten Brandon Hundt Daniel Roberts David DeRenard, Jr. Alisa Lawson Park Romney Kelly Elkins Bonnie Miller Jonathon Santiago Adriana Escamilla Matt Misenhimer Rosalynd Shaw Cynthia Escobar Isaac Montalvo Lori Solis Timmy Franklin Josue Montano David Villareal Jerry Gomez Jose Moreno Nikol Wixon Jeff Grindle Anna McCue WRITTEN CORRESPONDENCE None BIB] 07-30-1997-U01 10:31:09AM-U01 ADMIN-U01 CCMIN-U02 06-U02 03-U02 1997-U02 /Y City Council Minutes 3 June 3, 1 997 BUSINESS SESSION 1. CONSIDERATION OF THE CITY'S 1997/98 ECONOMIC DEVELOPMENT PLAN. Mr. Weiss, Assistant City Manager, advised that the revisions have been made to the City's 1 997/98 Economic Development Plan EDP), as directed by Council on April 22, 1 997 and he reviewed some of the revisions as follows: * financial information has been updated; * a financial need" policy has been added; * rail service and Thermal Airport have been added to Regional Transportation; * a reference has been added under Annexation Opportunities regarding the protection of environmentally sensitive areas and scenic vistas," which might be included as a policy statement in respect to possible annexation of hillside areas adjacent to the Cove; and * public opposition has been noted under Recreation Opportunities in regard to a municipal golf course adjacent to the Cove. He advised that a list of accomplishments during FY 1 996/97 as well as upcoming target areas, are included in the EDP and in addition to the Highway 111 Corridor, The Village, and updated housing objectives, KSL Recreation, annexation feasibility, and marketing, have been added as target areas. Council Member Henderson referenced some inconsistencies in the report regarding the term, East Coachella Valley." She suggested that a footnote be added under Projected Market Area Characteristics, in reference to the market study by Robert Lesser & Company which was done in August 1 995, because she felt that there has been some changes in ideas since the study was done. Under the Implementation Policies, she felt that Private Project Investment Financial Need should be listed either prior to City/Agency Private Project Investment and City/Agency Return on Investment, or combined with them. Mr. Weiss stated that staff could combine them, but pointed out that the City/Agency Private Project Investment section introduces the concept and the other two sections address the possible return on investment and the requirement for applicants to show financial need. In response to Council Member Henderson, Mr. Weiss advised that the Highway 111 Corridor Development Plan was moved from accomplishments" to target areas" for implementation of the plan that was formulated last year. BIB] 07-30-1997-U01 10:31:09AM-U01 ADMIN-U01 CCMIN-U02 06-U02 03-U02 1997-U02 /YCity Council Minutes 4 June 3, 1997 Council Member Adolph felt everything that Council discussed was in the Plan and he thanked staff for doing a great job. Council Member Sniff felt it was an excellent report and advised that he believes there*s value in dividing some sections into smaller bullet points. He felt that the references in the report to east valley" should be changed and after a brief discussion, Council concurred on changing it to eastern central valley..' Robert Tyler, 44-21 5 Villeta Drive, referred to Page 1 6 of the EDP and asked what an extended-stay, suite hotel" is and how it would impact the schools and church that have been previously discussed for that location Miles Avenue and Washington Street). Mr. Weiss advised that they have been looking at alternative uses for that site and that the School District is still considering acquiring a portion of it for schools. In regard to an extended-stay, suite hotel, he advised that they usually have units with kitchens or kitchenettes for longer stays. Council Member Henderson suggested adding development of a web-site" under marketing on Page 18. MOTION It was moved by Council Members Sniff/Adolph to approve the 1 997/98 Economic Development Plan as modified, describing the location of La Quinta as eastern central valley" and to include under Marketing," a City web-site. Motion carried unanimously. MINUTE ORDER NO.97-82. PRESENTATIONS...................continued Commissioner David A. Rohy, of the California Energy Commission, presented the A. C. E. S. Assuring Compliance with the Energy Standards) Award to the Building & Safety Department, advising that this is the second year they've presented the awards and the second year the City has received one, noting that only 14 out of 500 building departments were selected to receive the awards this year. BUSINESS SESSION...................continued 2. CONSIDERATION OF: 1) DRAFT CONTRACT SERVICES AGREEMENT APPLICATION FORM, AND, 2) COMMUNITY SERVICES GRANT PROCESS. Mr. Weiss, Assistant City Manager, advised that the Contract Services Agreement form and the Community Services Grant application have both been BIB] 07-30-1997-U01 10:31:09AM-U01 ADMIN-U01 CCMIN-U02 06-U02 03-U02 1997-U02 /Y City Council Minutes 5 June 3, 1997 revised as directed by Council on May 20, 1 997 and are included in the staff report along with a draft letter to be sent to those who have requested grant funding during the last year or have asked to be considered during this year. Also included is a draft notice for publication, announcing the Community Services Grant Program and application deadline. Per Council's request, the application for Contract Services Agreements is a modified version of the grant program application and if it's approved, letters will be sent to prospective applicants to notify them of the June 1 3th filing deadline, due to the short turn-around time before budget review. He advised that, due to the size of their requests, the Open-Air Museum and Skins Game are on the itemized list of organizations for Contract Services Agreements. Staff recommended approval of the grant process and Contract Services Agreement application as well as authorization to publish and mail notices to prospective applicants for the two programs. Council Member Adolph stated that he understood a special letter would be sent to the high school and that any funding they receive would be in a lump sum for their distribution to their groups as they see fit. Mr Weiss advised that the letters could be sent to the schools instead of individual groups and the schools could decide if they have programs that need financial assistance. Should that be Council's wish, he recommended that the La Quinta High School Wrestling Team and Truman School PTA be notified. Council Member Perkins agreed and hoped it would be sufficient to send letters this year only, noting that those on the current list are the ones that Council told to come back next year. He felt that rather than encourage applicants to return each year, the program should be allowed to run its normal course by only publicizing it in the newspaper. Council Member Henderson advised that she liked the new forms, but still wished to see the IRS Form 990 attached whenever applicable and she didn't feel that the grant program letters and public notices should be distributed until after the budget is adopted. In regard to the schools, she agreed with what's been said, but pointed out that there hasn't been a procedure established yet for handling it. After reading portions of the enacting ordinances for the commissions, she asked for Council's support in having the grant applications reviewed by the appropriate City commission prior to them coming to Council. She felt that Council has empowered the commissions, but made them powerless by not using them. She recommended that in the future, letters to prospective applicants of the Contract Services Agreements, be mailed sooner with an application deadline of May 1st. BIB] 07-30-1997-U01 10:31:09AM-U01 ADMIN-U01 CCMIN-U02 06-U02 03-U02 1997-U02 /Y IL City Council Minutes 6 June 3, 1997 Council Member Sniff felt that Contract Services Agreements stand separate from the grant program, noting that they are negotiated basically by staff. He supported the grant applications being reviewed by the appropriate commission, but with a recommendation to act speedily and for their knowledge and comments only. In regard to contracts for services, he felt the commissions should not be involved with them except to receive information for their basic knowledge and that the financial reporting forms should only require reasonable'* documentation, so as not to burden the applicant with excessive bookkeeping. He agreed that the letters should be mailed after the budget is adopted. He was still somewhat uncomfortable with advertising either of the programs, but noted that some of the contracts for services come to the City every year and he felt that they are worthy causes that the City should deal with professionally. Council Member Adolph felt it's important for the commissions to review and make recommendations to Council on the grant applications and he advised that it was his understanding from Council's previous discussions, that it was going to be an automatic process. Council Member Perkins felt that the Cultural Commission should be an umbrella for all of the cultural organizations/activities in the City and he was in support of having the commissions review and make recommendations on all of these things as part of their duties. He felt that the application forms are excellent and agreed that the applicants should provide a certain amount of financial reporting to Council because of their obligation to the City. He felt the commissions are important and should be supported by Council and advised that he would be looking for their recommendations to Council. Mayor Holt agreed with mailing the grant program letters after the budget is adopted and with sending the applications to the commissions for comments and she asked if there was a consensus on requiring the attachment of the IRS Form 990 to the contracts for services. Council Member Perkins noted that it's a completed document that only requires copying. Council Member Henderson advised that as a tax return for non-profit organizations, it's a public document that doesn't require the attachment of volunteer donor lists and it gives governments, such as the City, an opportunity to have the necessary oversight that they've been elected to have. She stated that she has no idea why anyone would object to providing it. BIB] 07-30-1997-U01 10:31:09AM-U01 ADMIN-U01 CCMIN-U02 06-U02 03-U02 1997-U02 /Y City Council Minutes 7 June 3, 1997 Council Member Perkins advised that he's never had a problem getting a copy when he requests them from organizations. Council Member Henderson believed the size of the document depends on the complexity of the organization. Mayor Holt advised that she didn't have an objection as long as the donors are protected. Council Member Sniff stated that he wished to see a copy of the form. Council Member Henderson felt that individuals should be ineligible to apply for the grant program. She also felt that it would be inappropriate for the Chamber's application or the Skins Game funding request to be reviewed by any commission because she believed there's no appropriate commission to review the Chamber's request and that the Skins Game is more promotional and in the purview of the economic development staff. Mr. Genovese, City Manager, advised that it was his understanding that only the grant applications would be reviewed by the commissions. Should the Council decide that contract services applications should also go through the commissions, then there would be a budgeting challenge since the filing deadline for contracts for services is June 13th. Council Member Henderson pointed out that Council could set the funds aside and make the funding decisions after the commissions review and make recommendations on the applications, possibly in September. Mayor Holt felt the commissions should review only grant applications, noting that La Quinta On-Stage has already gone through a thorough review by the Cultural Commission. Council Member Henderson didn't see anything wrong with an annual review and questioned why the City should have commissions if they're not going to solicit their expert advice. Mayor Holt agreed with sending everything possible to the commissions, but questioned what criteria would be used in deciding which contracts to send to them and who would make that decision. Council Member Sniff preferred to deal with the contracts through staff, at least for this year, because of the shortage in time and advised that he's not opposed to involving the commissions in the process as long as it doesn't BIB] 07-30-1997-U01 10:31:09AM-U01 ADMIN-U01 CCMIN-U02 06-U02 03-U02 1997-U02 /YCity Council Minutes 8 June 3, 1997 * cause delays. He wasn't*t sure about giving the funds to the schools instead of individuals and questioned how it would be distributed and which schools would be involved. He also questioned how the schools are going to manage to handle such a program when they*re already over-burdened. Council Member Henderson advised that she understood Council was waiting to discuss this issue with the School District in hopes of finding a means to make it work. In regard to contracts for services, she didn't feel the City would be able to fund them at the same level that they have in the past due to other things being absorbed in the budget because of the economy and Proposition 21 8. She also didn't feel there's anything wrong and that it's almost mandatory, for the Cultural Commission to review funding requests that are related to the cultural activities of the City. She felt they should have a sense of what funding is available and, although, the final decision is made by Council, they should make a recommendation on how best those funds could be spent. Furthermore, she didn't see anything wrong with setting funds aside this year for the contracts for services and granting them after the Cultural Commission has had an opportunity to make a recommendation. Council Member Adolph felt that it might be best to continue this matter for additional information since there seems to be some differences of opinions. Mayor Holt suggested that this might be one of the items Council could discuss with the commissions for their input during one of their study session meetings. She felt the interaction at those meetings would be valuable in building up communication between Council and the commissions. Council Member Henderson noted that these issues have been discussed many times and advised that she has a problem adopting a procedure that Council has intentions of possibly modifying. She noted that some of the Cultural Commissioners were present and suggested asking them if they have a comment. Kathryn Hull, 77-260 Calle Chillon, Cultural Commission Chairperson, advised that they wish to be more informed and know what the other organizations are doing and how their funds are being used, if the commission is to act as an umbrella organization. They feel that they need to review all of the applications and not just the grant applications, and since all of the cultural organizations inter-relate and must learn to work together, they need to know what other organizations such as the La Quinta Arts Foundation and La Quinta On-Stage, are doing in the community on an annual basis. BIB] 07-30-1997-U01 10:31:09AM-U01 ADMIN-U01 CCMIN-U02 06-U02 03-U02 1997-U02 /Y City Council Minutes 9 June 3, 1997 Council Member Adolph asked if the commission would be able to review and make a recommendation in one meeting to which Ms. Hull responded yes and advised that they would be willing to schedule a special meeting if necessary. Mayor Holt suggested that Council move forward with this and direct staff to work out the details on how to handle the school funding and to bring it back for review. She was in favor of the schools submitting an application for a set amount of money and letting them distribute the funds as they see fit. Council Member Perkins felt the City should set the amount that*s available to each school instead of having the schools ask for a certain amount. Mayor Holt agreed. Council Member Henderson agreed with handling this issue separately. Council Member Adolph wished to see the IRS Form 990 to confirm its relevancy. MOTION It was moved by Council Members Henderson/Perkins to approve the Community Grant Process with certain modifications: 1) the letter and/or notice will not be sent until after budget approval; 2) the letter for this year will go to the listed organizations, excluding the two school requests; 3) include as No.18, a request for IRS Form 990 to be attached; and, 4) all applications for Community Service Grant Program will go through an appropriate commission. Motion carried unanimously. MINUTE ORDER NO.97-83. MOTION It was moved by Council Members Henderson/Perkins to approve the application form for Contracts for Services as presented, with the addition of Item No. 1 8, requesting an IRS Form 990 to be attached, and that these applications would then go through the Cultural Commission or other appropriate commission. Motion carried with Council Member Sniff voting NO. MINUTE ORDER NO.97-84. Mr. Genovese clarified that the application date is June 1 3th and that staff is to come back to Council if they need direction as to which commission to refer the application to. Council concurred. BIB] 07-30-1997-U01 10:31:09AM-U01 ADMIN-U01 CCMIN-U02 06-U02 03-U02 1997-U02 /YCity Council Minutes 10 June 3, 1997 3. CONSIDERATION OF APPROVAL OF THE FISCAL YEAR 1997/98 CULTURAL COMMISSION WORK PLAN. Council Member Henderson wished for the Cultural Commission's Work Plan to go back to the commission so that they can include the reviewing of funding requests as one of their particular assignments. Council concurred. MOTION It was moved by Council Members Sniff/Henderson to return the Work Plan to the Cultural Commission to amend it, concerning review of funding requests. Mayor Holt advised that she still wishes for Council to meet with the commissions during a study session. Motion carried unanimously. MINUTE ORDER NO.97-85. 4. CONSIDERATION OF APPROVAL OF THE 1997/98 PARKS & RECREATION COMMISSION WORK PLAN. Council Member Henderson suggested that the Parks & Recreation Commission's Work Plan be sent back to the commission so they can include review of grant applications as one of their work assignments. She felt they did an excellent job with their youth workshop, but felt they struggled in their communication with the schools and suggested amending their work plan under Priority A-2, to read Liaison to the Community/Schools" and that they perhaps establish a contact person to deal with directly on campus. MOTION It was moved by Council Members Henderson/Adolph to return the Work Plan to the Parks & Recreation Commission for modification. Motion carried unanimously. MINUTE ORDER NO.97-86. 5. CONSIDERATION OF APPROVAL OF PLANS & SPECIFICATIONS AND AUTHORIZATION FOR STAFF TO ADVERTISE AND RECEIVE BIDS FOR PROJECT NO.97-02, WASHINGTON STREET AND AVENUE 48 TRAFFIC SIGNAL. Council Member Adolph advised that he would not support this because he feels that having 11 traffic signals within 2.7 miles is ludicrous. BIB] 07-30-1997-U01 10:31:09AM-U01 ADMIN-U01 CCMIN-U02 06-U02 03-U02 1997-U02 /Y City Council Minutes 11 June 3, 1997 In response to Council Member Perkins, Mr. Vogt, Public Works Director, advised that bids are open to all contractors at this time and not limited to local contractors. In response to Council Member Perkins, Ms. Honeywell, City Attorney, advised that the current City ordinances do not allow preference to be given to local contractors. However, as a charter city, the Council has the flexibility of adopting such an ordinance if they wish. In regard to giving points for using local laborers, she wasn't sure how the City would monitor it, but advised that staff could look into it. Council concurred. In response to Council Member Adolph, Mr. Vogt advised that in order to include in the City's contractual agreement, a recommendation to use local subcontractors, the specifics would have to be outlined in the ordinance because of the variables that are involved. Council Member Adolph felt that Council would support it, at least in buying materials locally. MOTION It was moved by Council Members Henderson/Sniff to: 1) approve plans and specifications for Project No.97-02, Washington Street and Avenue 48 Traffic Signal; 2)authorize staff to advertise and receive bids for Project 97- 02, Washington Street and Avenue 48 Traffic Signal; and, 3) authorize staff to seek informal competitive quotes and execute a purchase order for the purchase of signal poles, mast arms, and luminaire arms to be installed in Project No.97-02. Motion carried with Council Member Adolph voting NO. MINUTE ORDER NO.97-87. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED JUNE 3, 1997. 2. ADOPTION OF RESOLUTION ACCEPTING DONATIONS TO THE LA QUINTA SENIOR CENTER. 3. SEE BUSINESS SESSION ITEM NO.4. BIB] 07-30-1997-U01 10:31:09AM-U01 ADMIN-U01 CCMIN-U02 06-U02 03-U02 1997-U02 /YCity Council Minutes 1 2 June 3, 1997 4. APPROVAL OF SETTLEMENT AGREEMENTS IN THE 0CM LITIGATION WITH: 1) COLORADO COUNTY OFFICIALS AND EMPLOYEES RETIREMENT ASSOCIATION, 2) ILIFF SCHOOL OF THEOLOGY, 3) COUNTY OF MOBILE, ALABAMA, AND, 4) THE CITY OF NEWPORT BEACH. 5. SEE BUSINESS SESSION ITEM NO.6. 6. SEE BUSINESS SESSION ITEM NO.5. 7. SEE BUSINESS SESSION ITEM NO.3. 8. ADOPTION OF RESOLUTION DECLARING INTENTION TO VACATE A PORTION OF AVENIDA OBREGON STREET VACATION CASE NO.97-034. 9. APPROVAL OF FINAL MAPS AND SUBDIVISION AGREEMENTS FOR TRACTS 28457-1 AND 28457-2 BELLA VISTA. 10. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH ARCHAEOLOGICAL ADVISORY GROUP FOR DATA RECOVERY EXCAVATION ADJACENT TO ADAMS STREET NORTH OF AVENUE 48. MOTION It was moved by Council Members Henderson/Adolph to approve the Consent Calendar as amended and as recommended, with Item Nos. 2 and 8 being approved by RESOLUTION NOS. 97-40 and 97-41 respectively. Motion carried unanimously. MINUTE ORDER NO.97-88. BUSINESS SESSION................continued 6. CONSIDERATION OF APPROVAL OF CONTRACT AMENDMENT NO.2 WITH KORVE ENGINEERING FOR CONSTRUCTION MANAGEMENT, CONSTRUCTION SUPPORT, AND REQUIRED ADDITIONAL DESIGN SERVICES. Council Member Perkins advised that his questions were answered under Business Session Item No.5. MOTION It was moved by Council Members Perkins/Henderson to authorize the City Manager to execute a contract amendment in the amount of $228,377 to Korve Engineering, Inc. for construction management, construction support services, and additional design requirements. Motion carried unanimously. MINUTE ORDER NO.97-89. BIB] 07-30-1997-U01 10:31:09AM-U01 ADMIN-U01 CCMIN-U02 06-U02 03-U02 1997-U02 /Y City Council Minutes 1 3 June 3, 1997 STUDY SESSION None REPORTS AND INFORMATIONAL ITEMS Riverside County Free Library Advisory Committee Council Member Henderson advised that the County is getting closer to letting a contract for library services and seems to be favoring a private company LLS), but no award has been made yet. C. V. Regional Airport Authority- Council Member Henderson reported that at the last meeting, the Airport Authority reviewed their updated General Plan and that she relayed staff*s comments. All other reports were noted and filed. DEPARTMENT REPORTS 1. CITY MANAGER REPORT. Mr. Genovese, City Manager requested a special meeting on June 1 8, 1 997, at 1:30 p.m. to review the Fiscal Year 1997/98 operating budget. Council concurred. MAYOR AND COUNCIL MEMBERS' ITEMS Council Member Sniff suggested that staff be directed to investigate the possibility of planting grass on the City-owned property south of Ace Hardware to improve the appearance. He also noted that when the wind blows, it accumulates trash and looks unsightly. Council concurred. Council recessed to Redevelopment Agency meeting. BIB] 07-30-1997-U01 10:31:09AM-U01 ADMIN-U01 CCMIN-U02 06-U02 03-U02 1997-U02 /YCity Council Minutes 14 June 3, 1997 Council reconvened and recessed to Closed Session to and until the hour of 7:00 p.m. CLOSED SESSION Mayor Halt did not participate in Item No. 1 and Item No.4 as she has done consistently in the past and both Mayor Halt and Council Member Adolph did not participate in Item No.7 due to a conflict of interest. 1. Conference with legal counsel pursuant to Government Code Section 54956.9(a), regarding existing litigation Stamko Development Co., Case No. INC. 000492. 2. Conference with legal counsel pursuant to Government Code Section 54956.9(c), concerning potential initiation of litigation. 3. Conference with labor negotiators, Tom Hartung and John Falconer, regarding negotiations with the La Quinta Employees Association pursuant to Government Code Section 54957.6 Meet and Confer Process. 4. Conference with legal counsel pursuant to Government Code Section 54956.9(a), regarding ongoing litigation County of Riverside Case No. INC. 002131. 5. Conference with legal counsel pursuant to Government Code Section 54956.9(a), regarding existing litigation, cross complaint to lID case, Granite Construction Case No. 086195. 6. Evaluation of Council-appointed position City Manager pursuant to Government Code Section 54957.6. 7. Conference with Agency*s real property negotiator pursuant to Government Code Section 54956.8, concerning the potential terms and conditions of acquisition and/or disposition of real property located at the northwest corner of Highway 111 and Adams Street in the One-Eleven Center. Property Owner/Negotiator: Dick Oliphant. 7:00P.M. PUBLIC COMMENT JoAnn McLaughlin, 53-955 Avenida Herrera, of Friends of the Desert, commented on the recent reforestation project along the Bear Creek Bike Path and expressed concern about the oleanders, pointing out that they are poisonous and extremely dangerous to animals. She felt that it*s important that they be replaced with something less harmful and more beneficial to wildlife as soon as possible and asked for Council*s assistance in addressing this issue as she was told by staff that there are no funds BIB] 07-30-1997-U01 10:31:09AM-U01 ADMIN-U01 CCMIN-U02 06-U02 03-U02 1997-U02 /Y City Council Minutes 1 5 June 3, 1997 available to replace the plants. She suggested the possibility of the Friends of the Desert and the Sierra Club working together to get donations for replacement of the plants. 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. Mr. Herman, Community Development Director, advised that on May 20, 1 997, Council continued this public hearing for the purpose of having staff and the City Attorney further review the EIR and specific plan for PGA West. The review has been completed and the City Attorney has determined that the EIR mitigation measures and the revised specific plan text are consistent and that the conditions of approval for the tract are adequate for adoption. Patrick Breen, 51 5 So. Figueroa Street, Los Angeles, attorney for KSL, advised Council that he was available to answer questions Deborah Cesarlo, 4920 Campus Drive, Newport Beach, attorney with Bowie, Arneson, Kadi, Wiles, & Giannone and representing the Coachella Valley Unified School District CVUSD), asked that CVUSD*s previous correspondence and testimony before the Planning Commission and Council, be entered into the record for this project. She also asked that, if the tract is approved, that Condition 39 of the original specific plan and Measure 30 of the EIR for the specific plan, be reflected in the conditions. If not, she advised that CVUSD contends that the specific plan has been changed and that a supplemental EIR is required in order to conform with CEQA requirements. Their main issue is that, they don*t feel Condition 39 was ever expressly or impliedly rescinded from the three amendments to the specific plan. They base their opinion on the fact that the Council specifically rescinded Condition 25 when the first amendment was approved. In addition, the staff report for the third amendment states that all of the conditions of the first amendment are included in that amendment. They feel that if Condition 39 has been rescinded, that the specific plan has been invalidated and they base that on language within the specific plan which states that it wouldn't*t have been approved except for the conditions in the plan. They further contend that the revised specific plan is not consistent with Measure 30 of the EIR because it doesn't address how the BIB] 07-30-1997-U01 10:31:09AM-U01 ADMIN-U01 CCMIN-U02 06-U02 03-U02 1997-U02 /YCity Council Minutes 16 June 3, 1 997 school facilities are to be funded whereas Measure 30 specifically requires the developer to pay a per-unit school fee as determined by the district. She further advised that they believe the public hearing for the third amendment was illegal because there's no mention of Condition 39 being rescinded in the public notice and because CVUSD didn't receive a copy of the public notice as a party with substantial interest at stake, noting that the district stands to lose approximately $10 million if the developer is not required to fully mitigate the school impact of the project. She advised that they believe a supplemental EIR should have been prepared when the City purported to amend the specific plan by rescinding Condition 39 and, if they intend to approve this tract map. Since they were not aware of the alleged rescission of Condition 39 until they received a letter from staff on March 26, 1 997, they feel they've raised these issues in a timely manner and contend that the tract is inconsistent with the specific plan as well as the General Plan, which acknowledges that the statutory school fees adopted in 1 986, only provide up to 25% of the necessary funding for school facilities that are impacted by development. They contend that Condition 39 was not satisfied by a financing agreement, as argued by KSL, because the district never gave permission for the rights in the agreement to be assigned to another party such as KSL, and they further contend that the stand still" agreement is no longer in effect because it expired in April 1996. Chevis Hosea, 56-140 PGA Boulevard, of KSL, advised that they support the school system and wish to clarify that the issue between them and the School District is a matter of contract, noting that certain agreements were assigned to KSL when they acquired the property from the previous owner who had negotiated the agreements in good faith. He advised that the issue is currently in litigation and that KSL has been paying the school fees in protest and he urged Council not to delay this project any further, noting that the two-week delay has already cost them $25,000. Ms. Honeywell, City Attorney, advised that she feels there's been a misplacement of emphasis, noting that it's not the specific plan, but rather the tentative tract map, that's under consideration at this time. In regard to the school fees, she advised that Condition 3 of the tract map requires the developer to obtain permits and clearances from the School District, which is consistent with both the specific plan condition and the original EIR which requires that school fees be paid to the district. She didn't feel there's any need for Council to worry about the concerns that have been mentioned of inconsistencies between the environmental of this project, its conditions, and the specific plan it's based upon, but not under consideration at this time. She advised that the time limitation has passed for questions to be raised about BIB] 07-30-1997-U01 10:31:09AM-U01 ADMIN-U01 CCMIN-U02 06-U02 03-U02 1997-U02 /Y City Council Minutes iT June 3, 1997 whether or not the CEQA guidelines were followed when the specific plan was amended. She further advised that when it was amended, it was amended in its entirety and restated for the purpose of updating the entire document and putting it in one volume for easier reference. The very form of the amendment restated each of the original conditions with none of them left in tact, including Condition 39. She advised that to do otherwise, would not make sense with what Council was trying to accomplish with the amendment Council Member Adolph advised that he felt the change to the specific plan was necessary because the projects being submitted by KSL weren't consistent with the specific plan and he confirmed with the City Attorney that building permits wouldn't be issued for the tract without clearance from the School District. He felt the problem between the School District and KSL didn't have anything to do with this tract approval. RESOLUTION NO.97-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 28444, A REQUEST TO SUBDIVIDE 38.36 ACRES INTO 69 SINGLE-FAMILY AND OTHER COMMON LOTS IN PGA WEST RESORT SPECIFIC PLAN 83-002, AMENDMENT NO.3), SOUTH OF THE SOUTHERN TERMINUS OF PGA BOULEVARD ABUTTING THE JACK NICKLAUS TOURNAMENT AND TOM WEISKOPF GOLF COURSES AND WEST OF MADISON STREET. APPLICANT: KSL LAND CORPORATION. It was moved by Council Members Henderson/Sniff to adopt Resolution No. 97-42 as submitted. Motion carried unanimously. 2. PUBLIC MEETING CONCERNING THE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO.89-i FOR FISCAL YEAR 1997/98. The Mayor declared the PUBLIC HEARING OPEN. Mr. Vogt, Public Works Director, advised that on May 6, 1997, Council scheduled this public meeting as well as a public hearing on June 1 7, 1 997, for the purpose of receiving public input and testimony on the Engineer's Report for Landscape & Lighting Assessment District 89-1, per the requirements of the Lighting & Landscape Act of 1 972. He proceeded to review the requirements of the Lighting & Landscape Act and advised that the estimated cost for maintenance and operation of the District in FY 1 997/98, is $825,943 or $35.60/EDU, which is a reduction from last year's amount of $1,005,781 or $43.34/EDU. He advised that the proposed fee levels would BIB] 07-30-1997-U01 10:31:09AM-U01 ADMIN-U01 CCMIN-U02 06-U02 03-U02 1997-U02 /Y City Council Minutes 18 June 3, 1997 not be considered for approval until after the public hearing has been concluded on June 1 7, 1 997 and he further advised that a representative from Berryman & Henigar was present to answer questions. Robert Tyler, 44-21 5 Villeta Drive, asked why the savings are a result of Proposition 21 8. Mr. Vogt advised that some of the facilities, such as the City Hall, fire station, and parks, are no longer exempt and, therefore, not allowed to be assessed under the assessment district. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. In response to Council Member Adolph, Mr. Vogt advised that this would affect the City by impacting the General Fund because it will be necessary to find an alternative funding source if the City is to continue maintaining these facilities as well as future projects that come on line. The City Attorney announced that the City Council concluded a Closed Session pursuant to Government Code Section 54956.9(a) ongoing litigation Cross Complaint to lID Case, Granite Construction Case No.086195 and that the City Council approved a Settlement Agreement and Release with Imperial Irrigation District, a copy of which will be available in the City Clerk*s Office, and was authorized for execution on a unanimous vote. Council recessed to Closed Session as delineated on Page 14. There being no further business, the meeting was adjourned. Res), ectfully submitted, *AUNDRA L. JUHOLA, City Clerk City of La Quinta, California BIB] 07-30-1997-U01 10:31:09AM-U01 ADMIN-U01 CCMIN-U02 06-U02 03-U02 1997-U02